The Professional Practice of Landscape Architecture: A Complete Guide to Starting and Running Your Own Firm, Second Edition

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The Professional Practice of Landscape Architecture A Complete Guide to Starting and Running Your Own Firm Second Edition

Walter Rogers

John Wiley & Sons, Inc.

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∞ This book is printed on acid-free paper.

C 2011 by John Wiley & Sons, Inc. All rights reserved. Copyright

Published by John Wiley & Sons, Inc., Hoboken, New Jersey. Published simultaneously in Canada. No part of this publication may be reproduced, stored in a retrieval system, or transmitted in any form or by any means, electronic, mechanical, photocopying, recording, scanning, or otherwise, except as permitted under Section 107 or 108 of the 1976 United States Copyright Act, without either the prior written permission of the Publisher, or authorization through payment of the appropriate per-copy fee to the Copyright Clearance Center, 222 Rosewood Drive, Danvers, MA 01923, (978) 750-8400, fax (978) 646-8600, or on the web at www.copyright.com. Requests to the Publisher for permission should be addressed to the Permissions Department, John Wiley & Sons, Inc., 111 River Street, Hoboken, NJ 07030, (201) 748-6011, fax (201) 748-6008, or online at www.wiley.com/go/permissions. Limit of Liability/Disclaimer of Warranty: While the publisher and the author have used their best efforts in preparing this book, they make no representations or warranties with respect to the accuracy or completeness of the contents of this book and specifically disclaim any implied warranties of merchantability or fitness for a particular purpose. No warranty may be created or extended by sales representatives or written sales materials. The advice and strategies contained herein may not be suitable for your situation. You should consult with a professional where appropriate. Neither the publisher nor the author shall be liable for any loss of profit or any other commercial damages, including but not limited to special, incidental, consequential, or other damages. For general information about our other products and services, please contact our Customer Care Department within the United States at (800) 762-2974, outside the United States at (317) 572-3993 or fax (317) 572-4002. Wiley also publishes its books in a variety of electronic formats. Some content that appears in print may not be available in electronic books. For more information about Wiley products, visit our web site at www.wiley.com.

Library of Congress Cataloging-in-Publication Data: Rogers, Walter. The professional practice of landscape architecture : a complete guide to starting and running your own firm / Walter Rogers. – 2nd ed. p. cm. Includes index. ISBN 978-0-470-27836-9 (hardback), 9780470134559 (ebk); 9780470902370 (ebk); 9780470902400 (ebk); 9780470902424 (ebk); 1. Landscape architecture–Vocational guidance. 2. Landscape architecture. I. Title. SB469.37.R64 2011 712.068–dc22 2010019502 Printed in the United States of America 10 9 8 7 6 5 4 3 2 1

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To Maria Lynn Nahmias Thank you for your encouragement and support.

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Contents

Introduction

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1

The Profession of Landscape Architecture and Professionalism Brief History of the Profession Professional Career Tracks Professional Licensure Professional Development Professional Societies The Influence of Technology on the Landscape Architecture Profession

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Clients and Projects Who Are the Landscape Architect’s Clients? What Elements Determine the Landscape Architect’s Clients? Landscape Architecture Projects Architectural and Engineering Clients Public-Sector Clients

53 53 55 58 148 150

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Case Studies HNTB Corporation: Large Multidisciplinary A/E Firm Large Landscape Architecture Firms The Acacia Group, Inc.: Small Landscape Architecture Firm ValleyCrest Landscape Development: Large Integrated Design-Build Firm Denver Service Center, National Park Service: Public Practice Rain Bird: Corporate Practice

169 171 180 191 203 212 223

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Professional-Practice Relationships Prime-Consulting Relationships Multiple Direct Consulting Relationships Subconsulting Relationships Landscape Architect/Owner Relationship Landscape Architect/Allied Professional Relationship Landscape Architect/Contractor Relationship Landscape Architect/General Public Relationship

236 237 237 238 238 255 258 261

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Finance Six Considerations for Raising Funds Three Phases of Financing a Firm Equity Financing Debt Financing How Lenders Evaluate a Loan Request Trade Credit Summary—Planning, Action, Adjustment

264 264 266 269 273 280 285 287

1 2 17 21 25 27 43

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Contents

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Accounting The Landscape Architect as Financial Manager Financial Accounting Information Financial Management Information Financial Accounting Systems Recording Financial Information—Elementary Accounting Selecting an Accountant Accounting Software Overview of Accounting: Six Integrated Components

292 292 294 306 314 317 319 319 321

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Business Administration and Record Keeping Job Number—The Key to Office Administration Time Keeping Filing and Records Management Landscape Architecture Office Files and Records Management Vacations, Holidays, and Sick Leave or Paid Time Off Product Information Files, Technical Resources, and Code Information Payroll Administration Employer’s Tax Administration Tax Status of Nonwage Payments to Employees

324 325 327 329 339 345 362 364 365 369

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Marketing The Strategic Plan The Marketing Plan Marketing Tools and the Promotion Mix The Marketing Payoff Market Expansion—Entering New Markets The Marketing Staff

373 374 378 380 395 402 406

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Contracts Contract Basics Contracts with Clients—Professional Services Contract Formats The Elements of a Professional Services Contract with a Client Employment Agreements Negotiating a Contract Important Elements and Useful Contract Clauses

410 411 413 423 444 446 459

Project Management What Is Project Management? Planning, Scoping, and Organizing the Project Setting Up Tracking Systems Tracking a Project and Developing Strategies When a Project Is Over Budget or Off Schedule Selecting and Organizing Staff Directing and Motivating Project Staff Serving the Client and Developing a Friendly Relationship Providing Technical Supervision for the Project Staff Taking Part in Performance Reviews of Technical Staff Managing Construction Observation Services Summary

471 471 472 476

Business and Personnel Law The Legal Environment of Professional Practice Discrimination Protecting the General Public, the Environment, and the Consumer

508 508 531 536

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Index

483 489 492 493 494 500 503 504

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Introduction

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n 1968 I was in the last semester of my undergraduate studies in landscape architecture at the University of Massachusetts, soon to graduate with a B.S. degree. One of my courses in that final semester at UMass was called Professional Practice. My recollection about the course is that there was no assigned textbook. The required readings were an assembly of sections of books and photocopied articles about writing a re´ sume´ and looking for a job. The course was taught by the only faculty member who was a practicing landscape architect working in a traditionally oriented office on site planning and design projects. I think I got a B in the course, and I did write a re´ sume´ . Two years later, after graduating with an M.L.A., I took a position on the faculty of the first of three universities I would teach at until 1981. At each university, a professional-practice course similar to the one I took in my last semester at UMass was a part of the curriculum and was taught in the last semester. A textbook was still not available, and reading materials were still a collection of parts of books and photocopied articles. After my teaching career, I launched a private practice. The office I started, and where I still practice, flourished through the 1980s. The practice grew to include five partners and twenty-five professional, technical, and support staff. The size of the firm required us to develop administrative and management practices that allowed the firm to run smoothly and effectively. The idea for this book grew out of the two cornerstones evident in the foregoing brief history of my professional life in landscape architecture. First, I realized in the early 1990s that a singlesource textbook on the development, operation, administration, and management of a professional landscape architecture practice was still not avail-

able for the professional-practice courses taught in most college landscape architecture curriculums. Second, over the years of operating my private practice, I had developed a great number of useful tools and techniques that might be of value if passed on to aspiring landscape architects. When I was in college, I had a burning desire to know what it would be like working in a landscape architecture office, but I didn’t find out until I got my first job in a landscape architecture firm. Even then, I was aware of only a fraction of the intricacies of what went into the daily operations of the firm. This book tells the story of the wide range of strategic considerations involved in developing, operating, and managing a private practice. I intended this book to be a compendium of the professional practice of landscape architecture, and I have written it with the following groups in mind:

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Faculty teaching professional-practice and studio courses that simulate the office environment. Students taking professional-practice and studio courses. Aspiring graduates who want to know about the many facets of owning, developing, administering, and managing a private practice. Students and graduates who are searching for the landscape architecture career path most suited to their aims and personalities. Graduates who wish to start a private practice and can benefit from the methods and techniques I have developed and used effectively for almost two decades of private practice. Long-time practitioners who may benefit from the methods and techniques I have developed and used.

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The Professional Practice of Landscape Architecture

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Allied professionals who may benefit from the methods and techniques I have developed and used. (There are many similarities in practicing architecture, engineering, planning, and other environmental design professions.)

The first edition of The Professional Practice of LandscapeArchitecture was published in 1997. In 2007, I was asked to write a second edition. Besides updating the material that made up the first edition, two significant changes occurred between the last decade of the twentieth century and the first decade of the twenty-first century. The first has been technological advancement and the integration of the practice of landscape architecture with software programs used in professional practice. The second is the Internet—the World Wide Web. So, I have devoted a section in Chapter 1 to technology, software and the Web, and I have updated all of the chapters based on the influence of the Internet and how digital technology has shaped the profession since the mid-1990s. I hope you will find wisdom, honesty, integrity, and helpful methods and techniques in these pages. I hope you will enjoy reading this book as much as I enjoyed writing it. Here’s a brief summary of what you’ll find in each chapter.

Chapter 1: The Profession of Landscape Architecture and Professionalism A definition of the profession of landscape architecture and a brief historical overview are the core of the first chapter. Eight eras of professional practice are discussed: the early park-planning era, estate design, city planning, the urban growth era, California and growth in the West, the environmental era, international practice, and the technology era. Chapter 1 also describes the following professional career tracks: ■ ■

Private practice—design Private practice—design-build

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Public practice Academic practice Corporate practice Specialty practice

For the aspiring landscape architect, selecting a career track is an important decision that should receive a great deal of personal reflection and research of the various opportunities available. Matching one’s professional career goals with financial opportunities, professional growth potential, and personal aims is one of the important decisions made at the start of one’s professional career and often at other points throughout one’s professional life. Professional development opportunities are discussed as a long-term, lifelong pursuit. Professional development opportunities are one of the considerations in selecting a career path and an initial employer, and in making subsequent employment decisions throughout a professional’s career. Chapter 1 also discusses the concept of professionalism. Chapter 1 provides an overview of professional registration, the Landscape Architecture Registration Exam (LARE), and professional societies. The chapter concludes with the topic of professional ethics and values. The Code of Professional Ethics and the Code of Environmental Ethics of the American Society of Landscape Architects are included at the end of the chapter. In addition, Chapter 1 includes an overview of technology and how it has shaped landscape architecture in the last decade of the twentieth century and the first decade of the twenty-first century.

Chapter 2: Clients and Projects Chapter 2 discusses the landscape architect’s clients. The first part of the chapter focuses on the two broad categories of clients, public and private, and describes the postures, opportunities, and conditions related to developing a client mix. A large part of the chapter discusses 12 categories of projects typically carried out for private clients. Used by the American Society of Landscape

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Introduction

Architects in its annual awards program, these categories constitute a broad definition of the private practice of landscape architecture. This chapter describes a cross section of award-winning landscape architecture projects in the following categories: 1. Projects that feature sustainable concepts, “green” solutions, and LEED certification 2. International projects 3. Community development and multifamily housing 4. Streetscape, transit projects, and road beautification 5. Parks and outdoor recreation facilities 6. Commercial, industrial, and corporate development 7. Urban and regional planning 8. Institutional projects 9. Single-family residential and garden design projects 10. Conservation, and land and water reclamation projects 11. Historic preservation and landscape restoration projects 12. Landscape art and earth sculpture Not-for-profit corporations and public-sector clients and projects are also discussed. A cross section of public agencies, and the client and project opportunities associated with public agencies are discussed in the last part of the chapter.

Chapter 3: Case Studies This chapter presents a snapshot view of six types of landscape architecture employers: 1. Private practice: large multidisciplinary A/E firm 2. Private practice: large landscape architecture firms 3. Private practice: small landscape architecture firm 4. Private practice: design-build firm 5. Public practice 6. Corporate practice

There is no better way to evaluate career options than to compare and contrast the opportunities available among employers that represent different career tracks. Each of the case studies, except for the overviews of the large landscape architecture firms, provides the following information: ■ ■ ■

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History and overview of the employer Mission statement Landscape architecture opportunities with the employer, emphasizing entry-level opportunities Employee benefits Entry-level job description Representative examples of the employer’s work and projects

Awareness of career tracks and opportunities is the first step in making appropriate career choices. Studying the practices, employment opportunities, growth opportunities, and long-term potential for job satisfaction and professional development is the key to making successful career choices.

Chapter 4: Professional-Practice Relationships Landscape architects have four main professional relationships: 1. 2. 3. 4.

Landscape architect/owner Landscape architect/allied professional Landscape architect/contractor Landscape architect/general public

Chapter 4 describes these professional relationships, which can be both contractual and noncontractual. The chapter focuses on the noncontractual relationships. Three primary types of relationships are covered: the prime consultant, multiple direct consultants, and subconsultants. Two key elements are discussed for each of the four types of relationships: (1) the expectations of the landscape architect and (2) the expectations of the person or persons with whom the landscape architect has established a professional relationship,

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as well as the responsibilities of each party to the relationship.

Chapter 5: Finance Where do landscape architects find the money to start an office and keep it going? What financing options are available, and how is the financing obtained? How are funds raised? How do lenders evaluate the landscape architect’s request for financing? Chapter 5 answers these questions by discussing the three main forms of financing: 1. Equity 2. Debt 3. Trade credit This chapter discusses when to use debt financing versus equity financing and the pros and cons of each. Sources of funds for each type of financing are covered, as well as the concept of leveraging equity through debt. Three phases of financing a firm are discussed: 1. Start-up financing 2. Maintenance financing 3. Continuation financing You will also read about the differences between borrowing for capital purchases and leasing, the elements of a loan proposal, and the concept and use of trade credit as a valuable form of obtaining financing for operating a private practice.

Chapter 6: Accounting Accounting is not only for accountants. Every landscape architect who runs a private practice needs a rudimentary understanding of accounting and more specifically of financial management by using accounting information and reports. The landscape architect needs two types of information to be an effective financial manager: financial ac-

counting information and financial management information. This chapter discusses both types of information and gives examples of each in practical applications related to the private practice of landscape architecture. Descriptions of an income statement, a balance sheet, an aged accounts receivable report, an aged accounts payable report, and a cash report, as well as examples of each, are found in this chapter. Developing a pro forma financial statement (a projection of future income and financial condition based on present conditions) is covered. Other key financial reports of a nonaccounting nature are discussed, principally the work in progress report and workload projection. Ratio calculations are covered in depth because of their importance in evaluating the financial health of a firm. Trend ratios, liquidity ratios, such as the current ratio and the receivables turnover ratio, are covered. Equity or long-term solvency ratios and equity-to-debt ratios are also covered. A section of this chapter deals with financial accounting systems and explains the difference between cash-basis accounting and accrual-basis accounting. Elementary accounting practices are covered, including setting up a chart of accounts for a landscape architecture firm. Last, this chapter discusses the benefits and desirability of a computerized, integrated accounting and financial management system.

Chapter 7: Business Administration and Record Keeping The administration of the landscape architecture office; keeping track of the firm’s projects; developing and maintaining filing systems; keeping financial, tax, and personnel records; and organizing business records are critical administrative tasks for successful operation of a landscape architecture office. The key to effective office administration is using a job number to manage all of the firm’s projectrelated information. This chapter discusses how to develop and use a job numbering system, including

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category-of-work codes that allow the firm to study trends in the firm’s procurement of work and to retrieve information for marketing purposes. Using a master roster of work in progress and work in job development phases is discussed, along with using time cards or computerized time-tracking systems. Using type-of-work codes and task codes for effective time card entry is another important administrative technique covered. This chapter also includes a section on filing systems, methods, and records management, including the time requirements for keeping records and categories of the importance of information. A section of the chapter discusses the development and use of forms in the landscape architecture office as a means to effective management of repetitive administrative tasks. Establishing and maintaining files for both active and dead project files is another important element of office administration that results in effective retrieval of the daily information used in project work. A range of types of files necessary in the landscape architecture office is discussed, as well as record keeping for vacations, holidays, and sick leave. A lengthy section of the chapter is devoted to the administration and record-keeping requirements for insurance needs. Descriptions of the typical insurance coverage needed by a private firm are covered in depth, including property and liability insurance, worker’s compensation insurance, disability insurance, professional liability insurance, life insurance, key-person insurance, and health insurance. Retirement benefits, pensions, and programs are also discussed. Chapter 7 explains the types of product literature files important to the landscape architecture office and how to organize a technical reference library. Office payroll administration, as well as tax administration, is also covered.

Chapter 8: Marketing Marketing is the social and business process used by landscape architects to obtain clients and projects. Chapter 8 discusses the need for and methods of developing a strategic plan for the landscape

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architecture firm, including a mission statement. The strategic plan in turn sets the parameters for a marketing plan designed to analyze market opportunities, identify and select target markets, develop market strategies, and plan and implement marketing efforts. The written components of a marketing plan are spelled out. A lengthy section of this chapter discusses marketing tools and the promotion mix. The tools discussed include:

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Word of mouth Firm brochures Project cut sheets Standard Forms 330 Website Direct mail marketing Direct call marketing Cold calls Cold emails Social Internet networks Video Tickle files Newspaper, magazine, radio, and TV coverage Journal articles Public speaking Community service Sponsoring community events Trade shows and conferences Print, TV, and radio advertising Digital photo files and archives Display boards The physical environment of the office Answering the telephone

Chapter 8 discusses the proposal and interview process, focusing on the response to a statement of interest, statement of qualifications, and requests for proposals. A section of the chapter talks about market opportunities and entering new markets. A key part of this section provides techniques to assess the economic potential of new market areas. The last section of the chapter discusses the need for the marketing staff and includes a job description for a marketing production coordinator.

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Chapter 9: Contracts

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Chapter 9 discusses one of the most important skills needed by the practicing landscape architect—writing a contract for professional services. This chapter also discusses various other contracts the landscape architect must be familiar with and be able to understand and execute. The chapter starts with a discussion of contract terminology and the elements of an enforceable contract. The next section provides in-depth information on formats for professional services contracts and includes a discussion of professional association standard contracts, landscape-architect-developed contracts, and client-developed contracts. The proposal process—the act of forming a contract—is also discussed. The elements of a professional services contract are outlined, and the concept of agency, whereby the landscape architect serves as the client’s binding representative, is discussed as an important contractual element. Sections of Chapter 9 discuss contracts with allied professionals and contracts with credit agencies and lending institutions, including loan agreements. What to look for and expect in loan agreement contracts is covered in depth. A section covers employee agreements, another contract form important for successful employer/employee relationships. A sample employee agreement is included. A lengthy section discusses the art and skill of negotiating contracts, focusing primarily on professional services contracts. The fundamentals of negotiating postures and negotiating techniques used by both parties in the negotiating process are discussed. The last section of this chapter includes important elements and useful clauses of a professional services contract. The elements include: ■ ■ ■ ■ ■ ■ ■

Dispute resolution Billing and terms of payment Client’s obligations Compliance with codes and standards Excluded services or additional services Ownership of documents Indemnities

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Insurance Limit of liability Opinion of probable construction costs Termination

Samples of contract terminology are provided for many of the elements discussed.

Chapter 10: Project Management Project management is one of the keys to successful operation of a landscape architecture firm, and the project manager approach to delivery of professional services is the most popular way to organize a landscape architecture office for completing professional services contracts. The key elements of project management are discussed in chapter 10: They include: 1. Planning, organizing, and scoping the elements of a project 2. Setting up tracking systems to monitor and control the flow of work 3. Tracking a project and developing strategies when a project is over budget 4. Managing the work flow to maximize profit for the firm on every project 5. Selecting and organizing staff for successful completion of a project 6. Directing and motivating staff 7. Serving the client and developing a relationship that results in a satisfied client 8. Providing technical supervision for the project staff 9. Inspiring the professional staff and promoting professional development opportunities 10. Coordinating with the firm’s top management and clients 11. Attaining high quality in the planning and design output of the office 12. Marketing the firm by doing a good job with existing clients 13. Managing the planning or design effort to meet construction cost expectations 14. Taking part in performance reviews of technical staff and peers

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Introduction

15. Assisting in writing and preparing proposals 16. Closing out projects 17. Managing construction observation Throughout this chapter a wide range of tools and checklists is provided as related to successful project management.

Chapter 11: Business and Personnel Law The focus of Chapter 11 is the legal environment of professional practice. The chapter starts with an overview of the origins of law. One section deals with licensure law and state registration. The historical precedent of licensure laws, legal considerations, and the functioning of state boards of technical registration are covered. A section discusses government regulatory law, agencies, and how agencies affect the practice of landscape architecture. Another section deals with tort law and negligence, which many professionals

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agree may have the greatest legal consequences for private practice. Negligence is defined and the elements of law that must be proved to result in an act of negligence are discussed in detail. Another section of Chapter 11 discusses labor relations and the key laws affecting employer/employee relations. The concept of employment at will, minimum wage regulations, workers compensation laws, OSHA and job safety, firing an employee, the Employee Retirement Income Security Act, and the Americans with Disabilities Act are discussed as related to landscape architecture practice. A section discusses discrimination and laws involved with discrimination in the workplace. The Civil Rights Act of 1964 and subsequent amendments are discussed. Affirmative action and age discrimination are also discussed. The last section of Chapter 11 discusses the landscape architect’s obligation to protect the general public, the environment, and the consumer of landscape architecture services. An overview of environmental legislation that is important to the practice of landscape architecture is summarized.

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The Profession of Landscape Architecture and Professionalism oining a profession such as landscape architecture involves dedication to principles, practices, and ethics. Every profession is bound together by specific technical knowledge and skills and by a bond among its practitioners, who endeavor to advance the collective spirit of the profession. Landscape architecture is no exception. The modern profession of landscape architecture has existed for a century and a half. Over the years, a body of technical knowledge has evolved that sets landscape architects apart from other professionals in related environmental disciplines. Today there are an estimated 45,000 practicing landscape architects in the United States. These practitioners have carved an important niche among the environmental design professionals focusing on research, planning, and design of the land. This chapter provides an overview of the history of landscape architecture, professional registration, professional development, professional societies, and ethics. It also describes the typical career tracks generally followed by landscape architects. If you are reading this book, you may be thinking about a career as a professional landscape architect. Welcome aboard. You will find landscape architecture to be a rewarding occupation with its roots firmly planted in the design of public outdoor space. As the profession matures, landscape architecture today is one of the prime design

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professions influencing the shape of public and private outdoor environments in the United States and throughout the world. Landscape architects view themselves as stewards of the land, and they strive to achieve the highest visual quality in the built and natural landscape.

Definition of Landscape Architecture ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■

Landscape Architecture is the profession which applies artistic and scientific principles to the research, planning, design, and management of both natural and built environments. Practitioners of this profession apply creative and technical skills and scientific, cultural, and political knowledge in the planned arrangement of natural and constructed elements on the land with a concern for the stewardship and conservation of natural, constructed and human resources. The resulting environments shall serve useful, aesthetic, safe, and enjoyable purposes. Landscape architecture may, for the purposes of landscape preservation, development and enhancement, include: investigation, selection, and allocation of land and water resources for appropriate use; feasibility studies;

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formulation of graphic and written criteria to govern the planning and design of land construction programs; preparation, review, and analysis of master plans for land use and development; production of overall site plans, landscape grading and landscape drainage plans, irrigation plans, planting plans, and construction details; specifications; cost estimates and reports for land development; collaboration in the design of roads, bridges, and structures with respect to the functional and aesthetic requirements of the areas on which they are to be placed; negotiation and arrangement for execution of land area projects; field observation and inspection of land area construction, restoration, and maintenance. (Approved and adopted by the Board of Trustees, November 18, 1993. Source: ASLA 1993)

Brief History of the Profession The modern profession of landscape architecture, according to Norman T. Newton, began with the design of Central Park in New York City by Frederick Law Olmsted and Calvert Vaux (Newton 1971). May 1863 is considered by Newton to be the founding date for the profession. On May 12, 1863, Frederick Law Olmsted Sr. and Calvert Vaux resigned their positions as designers of New York’s Central Park and signed their resignation letter “Olmsted and Vaux, Landscape Architects.” This is the first official use of the title landscape architect and “serves to establish the date, perhaps better than any other, as the birthday of the profession of landscape architecture” (Newton 1971, 273).

Figure 1-1. Bird’s-eye rendering of Olmsted’s plan for Central Park. Photograph courtesy of the National Park Service, Frederick Law Olmsted National Historic Site.

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The Profession of Landscape Architecture and Professionalism

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Figure 1-2. Olmsted’s 1885 plan for Boston’s Franklin Park. Photograph courtesy of the National Park Service, Frederick Law Olmsted National Historic Site.

The Early Park Planning Era After their success with New York’s Central Park, Olmsted, Vaux & Co. went on to design other public park projects, including Brooklyn’s Prospect Park and parks in Buffalo, Albany, Newark, Rochester, and Providence. When their partnership broke up, their work continued both individually and in collaboration until Vaux’s death in 1895. During this early era of landscape architecture, from the 1860s to about the turn of the twentieth century, landscape architects focused on the design of public parks and open space, and Olmsted became the leading park designer in the United States. In 1878 Olmsted moved his private practice to Boston, and by 1880 he was channeling his efforts to develop a network of parks and open space in Boston’s Back Bay Fens area. Critically acclaimed,

Olmsted’s work on the Back Bay Fens and Franklin Park resulted in one of the first urban linear park systems in America, referred to as “the emerald necklace.” Olmsted’s approach to the plan was to solve much-needed drainage problems in the Fens, while simultaneously introducing open space and recreational land uses. This approach of tying landscape architectural improvements to drainage engineering, pioneered by Olmsted in the 1880s, has been used repeatedly in American cities throughout the twentieth century and continues to be a source of landscape architecture projects in the twentyfirst century. One of Olmsted’s most important projects was the World’s Columbian Exposition of 1893 in Chicago. Olmsted and his partner, Henry Sargent Codman, were appointed consulting landscape architects to the exposition in 1890. These two landscape architects, in association with Daniel

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Figure 1-3. Plan for the World’s Columbian Exposition of 1893. Photograph courtesy of the National Park Service, Frederick Law Olmsted National Historic Site.

Burnham and John Root, the exposition’s consulting architects, collaborated to develop the exposition’s master plan, which was approved in December 1890 (Newton 1971). The master plan for the World’s Columbian Exposition, set in Jackson Park in Chicago, featured an axial organization. The main axis extended west from the shoreline of Lake Michigan and was bisected by the secondary north-south axis. The two axes were designed as grand pedestrian zones with basins and water features serving as focal points and the exposition’s predominant buildings providing the enclosure for the spaces. The central space, named the Court of Honor, was considered to be

one of the most impressive monumental spaces designed and built in the United States. The Court of Honor illustrated Olmsted’s ability to understand spatial relationships, scale, and view corridors. The spatial quality was enhanced by keeping the buildings that enclosed the space to a consistent height of 60 feet and by uniformly painting the neoclassical buildings white. The Worlds Columbian Exposition served like no other previous development in America as a paradigm of interprofessional collaboration. It awakened public interest in civic design and set the stage for the City Beautiful movement of the early twentieth century.

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Estate Design Landscape architects toward the end of the nineteenth century were involved not only with parks but also with the design of large estate properties. The transition to estate design was natural for the early landscape architects because the large estates of this period were always developed in park-like settings. No other professionals had built up the collective experience with park design as had landscape architects. Charles Platt, another noted landscape architect of the latter nineteenth century and early twentieth century, focused most of his work on estate design. By drawing on the principles of design he found in the formal gardens of Italian villas, Platt brought organization and structure to his estate site plans and gardens. Platt’s book Italian Gardens, published in 1894, set a new direction in estate design trends. Led by Charles Platt, practitioners began designing formal Italianate gardens adjacent to the lavish homes of their clients. Landscape architects tried to marry the formal Italianate design with an informal landscape setting in the style of the English landscape gardening school or the picturesque school. The axis was commonly employed as the means for organizing outdoor patios and gardens. Alle´ es, pergolas, courtyards, and lawns were design features used to enhance views and provide interest. Keith N. Morgan, in his wonderful reprinting of Charles Platt’s Italian Gardens, contrasts Platt with Figure 1-4. View looking east of the main court and great central basin of the World’s Columbian Exposition of 1893. Photograph courtesy of the Bettmann Archive.

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Olmsted. Whereas Olmsted was a believer in creating the picturesque ideal, Platt deserted the picturesque for the beautiful and for the classic vocabulary of the Italian garden. Olmsted’s philosophy of design was to create naturalized landscapes after eighteenth-century English landscape gardens. He and his associates executed about 3,000 design commissions using, for the most part, the naturalistic landscape concept. Morgan points out that Platt, on the other hand, emphasized the conception of the villa as a comprehensive, interrelated unit embracing the house, flower gardens, terraces, groves, fountains, and functional landscape items such as the water system. Platt designed a large number of projects in the developing country house era during the early twentieth century (Platt [1894] 1993). Platt’s most noted estate design may be that of the Charles Sprague estate, Faulkner Farm, in Brookline, Massachusetts. Faulkner Farm was one of Platt’s early commissions. Chosen after Olmsted, Olmsted & Elliot were dismissed as designers, Platt designed Faulkner Farm with a long, straight drive terminating in a walled courtyard on axis with a large statue. A formal Italianate flower garden was designed as a main site feature and included Italian design elements such as a pool, garden sculpture, the enclosing pergola, and a pavilion. Olmsted also worked on large country estates. Like Platt and other landscape architects practicing estate design at the time, Olmsted applied formal European garden design idioms together with

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Figure 1-5. The flower garden at Charles Sprague’s Faulkner Farm where both Olmsted and Charles Platt worked. Photograph courtesy of the National Park Service, Frederick Law Olmsted National Historic Site.

design at Biltmore was based on precedents found at great French estates such as Vaux-le-Vicomte and Versailles. The Biltmore estate, which was developed in 1888 on 100,000 acres of land near Asheville, North Carolina, presented Olmsted with the opportunity to develop a conservation and land management program. George Washington Vanderbilt was an ardent conservationist with interests in farming, forestry, and horticulture. Because of Vanderbilt’s interests, Olmsted was able to develop not only the fashionable formal gardens, alle´ es, and esplanades but also a 4,000-acre tree farm and arboretum to promote advanced methods of conservation. Today, 12,000 acres of the original 100,000, including the mansion, form the core of North Carolina’s Pisgah National Forest (Fabos, Milde, and Weinmeyer 1968).

City Planning Figure 1-6. Detail of the flower garden pavilion at Charles Sprague’s Faulkner Farm, illustrating Platt’s Italianate influence. Photograph courtesy of the National Park Service, Frederick Law Olmsted National Historic Site.

the softer landscape setting that had evolved in the United States out of the English landscape gardening school. Olmsted’s most notable estate design achievement is the famed Biltmore estate owned by George Washington Vanderbilt. The estate was designed as a French chaˆteau, and the formal garden

The modern profession of city planning is an offshoot of the profession of landscape architecture. The City Beautiful Movement, which grew from a heightened public interest in city design after the success of the World’s Columbian Exposition of 1893, gave city planning a boost in the early twentieth century. A Rochester, New York, journalist, Charles Mulford Robinson, wrote extensively at the turn of the twentieth century about city beautification and improvements to the appearance of cities,

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Figure 1-7. The Biltmore estate nearing completion in 1895. Photograph courtesy of the National Park Service, Frederick Law Olmsted National Historic Site.

culminating in 1901 with his milestone book The Improvement of Towns and Cities, or The Practical Basis of Civic Aesthetics. It was one of the first books written about city planning and design. Robinson’s first book was received with overwhelming enthusiasm and led to a second, Modern Civic Art, or The City Made Beautiful, the origin of the term City Beautiful Movement. Robinson’s books created a large market for city planning services throughout the United States. More importantly, Robinson allied himself with the landscape architecture profession. In 1913 he was appointed to a new faculty position in civic design in the Landscape Gardening Department at the University of Illinois and became an associate member of the American Society of Landscape Architects (ASLA) in 1915. Landscape architecture was a young, growing profession in the first two decades of the twentieth century, and city planning provided fuel for the profession’s early growth. After the turn of the century, landscape architecture professionals had developed the project experience and expertise needed for working in large public outdoor places, Central Park and the World’s Columbian Exposition of 1893 being prime examples. After 1909 city planning courses were offered at Harvard University in the Department of Landscape Architecture, providing educational credentials for the profession’s move into city planning. By 1923 Harvard University offered a city planning option in its graduate landscape architecture program. Applying design concepts on a larger, citywide basis was a natural progression of professional development for landscape architects, and many of the earliest firms included city plan-

ning and city beautification projects in their office portfolios. With the development in 1929 of a School of City Planning separate from the Landscape Architecture Department at Harvard University, city planning shifted orientation from physical planning and city beautification toward a concern for the social, political, and economic well-being of cities. The City Beautiful Movement came to an end, too, but city planning and urban design work have continued to be professional services offered by landscape architects (Newton 1971).

The Urban Growth Era Starting about 1930 and picking up considerable momentum by 1945, the United States experienced an unprecedented growth boom that included a shift of population to the south and west and the rapid development of urban areas in growth states such as Texas, Arizona, California, Florida, and Colorado. During this era of urban growth, landscape architects were involved with a wide range of site planning endeavors for housing projects, schools, and commercial developments. Whereas landscape architecture has continued to be the profession most suited for designing parks and recreational facilities, the urban growth era provided extensive opportunities for landscape architects because of the development of highways, parkways, and public transportation systems. Parkways, in particular, have fallen under the domain of landscape architects working hand in hand with civil, structural, and electrical engineers.

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The work of professional landscape architects in parkway planning and design is exemplified by Gilmore D. Clarke, who worked as the principal landscape architect of the Westchester County Park Commission (WCPC) in the 1920s and 1930s. During this period, the WCPC designed a trendsetting system of parkways and parks, including the Saw Mill River Parkway, Hutchinson River Parkway, and Playland at Rye Beach, New York. The parkways were designed as connectors between parks and open-space sites. The notion that a parkway is a road in a park setting was nurtured by Clarke and his colleagues at the WCPC. The designers also solidified the parkway concepts of the variable width right-ofway, limited access, independent lane alignment, variable width medians, and soft vertical and horizontal alignment. In 1934 Gilmore Clarke started a partnership with Michael Rapuano, forming the landscape architecture firm Clarke & Rapuano, and Clarke, and continued to develop parkway design concepts until his retirement in 1971. The Garden State Parkway in New Jersey, completed in 1956, is one of the firm’s most notable design achievements. By the early 1930s, the parkway movement was hugely successful in the heavily developed northeastern United States. The Taconic State and the Henry Hudson Parkways in New York provided parkway designers with the opportunity to continue the development of parkway design concepts. In 1935, Skyline Drive in Virginia’s Blue Ridge Mountains became the first of several important federal parkways designed by the National Park Service. Ground also was broken in 1935 for the first official national parkway—the Blue Ridge Parkway—which would ultimately continue for 470 miles, connecting Skyline Drive with Great Smokey Mountains National Park. By 1967 all but 7.5 miles of the Blue Ridge Parkway had been constructed. This final section, which skirts the rugged and rocky perimeter of Grandfather Mountain in North Carolina, presented federal and state officials a number of obstacles that were overcome with perseverance and innovation. The exact route of the 7.5-mile missing link created controversy: how to build a road at 4,000 feet in remote terrain without damaging one of the world’s oldest mountains. National Park Service landscape architects and Federal Highway Administration engineers agreed

Figure 1-8. 1954 photograph of the Garden State Parkway. Photograph courtesy of the New Jersey Highway Authority.

the road should be elevated where possible to eliminate massive cuts and fills. Figg and Muller Engineers, Inc., developed the bridge design and construction method that made the project possible. The result was the Linn Cove Viaduct, located at milepost 304.6. The Linn Cove Viaduct is 1,243 feet long and constructed of 153 elevated concrete segments weighing 50 tons each. Using a process of match casting, each new segment was cast against the segment preceding it in an indoor site located a few miles from the viaduct. After trucking the segments to the site, each segment was lowered into place by a stiff-leg crane and epoxied into position against the preceding segment. Steel cables threaded through the segments secured the bridge deck. This construction method eliminated the need for a construction access road on the ground, and the only construction that occurred at ground level was drilling for the foundations of seven piers. After 52 years of construction, the Blue Ridge Parkway was completed in September 1987 with a ribbon-cutting ceremony that brought together

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Figure 1-9. The Linn Cove Viaduct on the Blue Ridge Parkway at Grandfather Mountain, North Carolina. Photograph by Hugh Morton.

the Linn Cove Viaduct and other sections of the 7.5-mile missing link that skirts the perimeter of Grandfather Mountain.

California and Growth in the West Nowhere is the growth and urban development of the United States since 1945 more evident than in California, including the Bay Area, Los Angeles, San Diego, and Orange County. California and other western states have provided a fertile region for the most recent landscape architects to flourish. Many of the leading California firms and professional practitioners emerged to national importance because of the design opportunities available in the west. By the 1950s these professionals were collectively giving shape to what is now called the “California style” of landscape architecture. California practitioners who have become well known in the professional landscape architecture community include Thomas Church; Garrett Eckbo, who, with Francis Dean, Don Austin, and Edward Williams, founded the firm Eckbo, Dean, Austin and Williams, which later became known as EDAW; Lawrence Halprin, who is most well known for Portland’s downtown transit hub and Ira’s Fountain; and Peter Walker, who with Hideo Sassaki, formed Sassaki, Walker and Associates, which later became known as SWA, in San Francisco.

Thomas Church is considered an early trendsetter in the modern urban growth era of landscape architecture. His book Gardens Are for People: How to Plan for Outdoor Living documented his innovative approach to designing private residential gardens in California and represented a departure from the imitative design influences of the earlier neoclassical design style. Church’s approach, according to Michael Laurie (1975), recognized three sources of form for the residential garden. The first generator of form is the needs and desires of the client. The second generator includes the site conditions and the interplay of technology and materials available for site development. The third source is the orchestration of spatial experience on a site and the introduction of fine art. Church was one of the first landscape architects to espouse the value of the indoor-outdoor relationship of house to garden. He recognized that California’s ideal climate allowed many functions of the home to spill out into the garden and take place outdoors. Church was one of the first to nurture the concept of the outdoor room. By the 1950s, he was the dean of landscape architects in the California urban growth era. He’d been practicing for 25 years before Gardens Are for People was published in 1955 (Laurie 1975). Garrett Eckbo continued the revolt against earlier “cookbook” schools of design, such as neoclassical and Italianate, which applied design idioms to the site regardless of functional requirements or

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natural site conditions. Eckbo’s early work focused on site design for tract-type housing in California and culminated with his books Landscape for Living, published in 1950, and The Art of Home Landscaping, published in 1956. He also wrote The Landscape We See, published in 1969. The Art of Home Landscaping is one of the first books to espouse the process of design and to outline the design process as a series of questions to answer and factors to deal with. The book clearly denounces the old garden design rules: “In the good old days this problem of how to shape the garden plan was made very simple for us. Dozens of garden handbooks, and every other issue of every house and garden magazine, gave us the simple lesson. Either you made it formal—or you made it informal,” (Eckbo 1956, 61). Eckbo and his California colleagues broke from the cookbook approach and asked the question Why? The Art of Home Landscaping is a process-oriented book. It covers the general factors relevant to all home landscape problems across the country, including climate, topography, vegetation, soils, context, house size and form, family composition, income, and attitudes. The book also delves into design principles such as usefulness, beauty, enclosure, and the interrelationships of design elements. Garrett Eckbo not only advanced the profession by writing but also practiced with a number of other professionals in several offices that were setting the professional trends in landscape architecture in the San Francisco Bay area. He teamed up with Robert Royston and Edward Williams from 1945 to 1958. In 1953, Francis Dean, who had joined the firm of Eckbo, Royston and Williams in 1948, became a partner. When Robert Royston left the firm in 1958 to start an office with Asa Hanamoto, the name of the firm was changed to Eckbo, Dean and Williams. Don Austin joined the firm when Royston left and later in 1964 he became the fourth partner establishing the firm of Eckbo, Dean, Austin and Williams. The four partners incorporated in 1967. These four partners would lay the foundation for what arguably became the most successful and widely known modern-day landscape architecture firm—EDAW, Inc. In 2005, EDAW was acquired by the giant company AECOM, and by 2009 the firm had transitioned its name to Design + Planning at AECOM.

Figure 1-10. According to Garrett Eckbo in The Art of Home Landscaping, the main parts of a home are (1) the work space, which includes kitchen, laundry, shop, home office, sewing room, drying yard, service yard, utility garden, kids’ play area, garage, and storage areas; (2) public access, which includes the front yard, walks, driveway, porch, and entry hall; (3) general living space, which includes living, dining, library, music, play, and family rooms, as well as patios, terrace, outdoor living areas, pools, courts, and gardens; and (4) private living space, which includes bedrooms, bathrooms, private sitting rooms, and dressing rooms. Courtesy of Garrett Eckbo.

No landscape architect’s work embodies the spirit of the urban growth era more than that of Lawrence Halprin, who advanced the notion of design as a process, and the very process itself as an art form. Halprin has been a prolific practitioner and author. His books include Cities, The Freeway in the City, The RSVP Cycles, Notebooks, and The Sea Ranch . . . Diary of an Idea. Halprin believes that beauty can be inserted into cities by artistically designing every component of the urban fabric, from catch basin lids to streetscape and plaza. He believes that the city is “in the grandest sense, a participatory environmental art without boundaries” (Halprin 1972, 221). Cities is a remarkably textural book that illustrates the beauty of the urban setting with photographs of its components. The RSVP Cycles is an attempt to explain the creative process where not one but many forces interact, and the results are emergent, not imposed. The book points out the danger of goal orientation, espousing that the process itself is the goal and the result of the process is the most desirable product (Halprin 1969). Halprin’s design work is equally as remarkable as his writing. His plan for Sea Ranch, which began in 1962, is regarded as one of the first approaches to

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Figure 1-11. Key elements of Garrett Eckbo’s design process in The Art of Home Landscaping: (a) the relation study; (b) the functional study; and (c) the technical study. Courtesy of Garrett Eckbo.

the design of a planned community evolving from a study, or “ecoscore,” as Halprin calls it, of the relevant environmental and cultural considerations of the site. The study included an inventory and evaluation of existing vegetation, soils, slopes, surface drainage, wind deflection, radiation impact, bioclimatic requirements, and other considerations necessary for developing a housing site in harmony with the natural balance of the site. Halprin’s plan for San Francisco’s Ghirardelli Square is regarded as an outstanding example of the design and linking of urban spaces. This mul-

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tilevel urban shopping and eating environment was conceived by developer William Roth and visualized by Halprin as a beehive of excitement. It was fashioned out of the remains of the Ghirardelli family’s chocolate factory and supplemented with underground parking, new buildings, spaces, terraces, steps, and ramps that spill down a hillside toward San Francisco Bay. The square has been one of the great people-watching environments in the United States since its completion in the late 1960s. It remains one of San Francisco’s treasured landmarks today. Halprin may be known best for his work on urban fountains, exemplified by the fountain at Embarcadero Plaza in San Francisco and by Ira’s Fountain, known at first as the Civic Auditorium Forecourt Fountain, in Portland, Oregon. Ira’s Fountain, which is part of an open-space network in Portland, appears to be a slice out of a natural mountain canyon with a stream and waterfalls that have been dropped into the middle of a city context. Ira’s Fountain has an overpowering effect on the pedestrian, virtually placing the visitor in a misty mountain waterfall setting. It is a wonderfully interactive urban environment. Walking through Halprin’s open-space network in Portland is one of the most enjoyable visual experiences that can be found in any city today. A pilgrimage to Portland to walk through Halprin’s timeless creation should be a required field trip for every aspiring landscape architect. Perhaps Lawrence Halprin’s crowning achievement is the FDR Memorial in Washington, DC. The FDR Memorial is one of only four presidential memorials in the national capital area. The other three are, of course, the Washington, Lincoln, and Jefferson Memorials. The memorial is the result of a congressional commission established 10 years after Franklin Delano Roosevelt’s death in 1945. Over a period of about 20 years, the commission sponsored several design competitions, but no plan was accepted until 1978 when the commission chose Lawrence Halprin’s memorial design and authorized its construction in 1982. Ground was broken for the memorial on September 16, 1992, and it was opened to the public on May 2, 1997. The FDR Memorial sits on a 7.5-acre site along the tidal basin, where it spills out from the

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Figure 1-12. Ira’s Fountain, Portland, Oregon.

Figure 1-13. Ira’s Fountain, Portland, Oregon.

Washington Mall. The site plan of the FDR Memorial is created around four outdoor rooms representing FDR’s four terms and twelve years as president of the United States. Each of the rooms is defined by red South Dakota granite and features sculpture by renowned artists. The linkages in the plan are designed to orient the visitor to the sculptures. The first room sets the stage for FDR’s presidency and features a high-relief bronze by Thomas Hardy entitled The Presidential Seal. A basrelief by sculptor Robert Graham, The First Inaugural, depicts FDR waving from an open car. The second room captures the essence of the great depression in sculptor George Segal’s The Fireside Chat, The Ru-

ral Couple, and The Breadline, depicting the themes of hope, despair and hunger. Room two also features a 30-foot long bas-relief by Robert Graham, Social Programs, comprising a wall of images and an arrangement of five columns that bear the same images in negative form. Room three, where the granite is reduced to rubble, symbolizes the havoc of war. This room is dominated by a 9-foot tall sculpture by Neil Estern of FDR with his dog Fala. Room four is about FDR’s death and the loss of one of the country’s most beloved presidents. This room features Leonard Baskin’s bas-relief The Funeral Cortege. The world lost a landscape architecture giant when Lawrence Halprin died on October 25, 2009.

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The Environmental Era Recent directions for the profession of landscape architecture have roots in the environmental movement of the last quarter of the twentieth century. A plethora of laws and codes have been passed at all levels of government, resulting in the need for almost every project, whether public or private, to conform to environmental protection and minimum design quality standards. Today, almost every city has passed a landscape ordinance or code, and these regulatory requirements have reinforced the stewardship role practiced by landscape architects. In many ways, the regulations and codes have created additional professional opportunities for landscape architects. In Tucson, Arizona, for example, a Native Plant Preservation Ordinance (NPPO) was passed and became law in 1997. Professionals there have indicated that the NPPO has added about 25 percent to Tucson’s landscape architecture market. For example, if in 1996 the landscape architecture market was $50,000,000 in dollar value, it was $62,500,000 in 1997 after passage of the NPPO. The environmental era was ushered in with the passage of the National Environmental Policy Act (NEPA), which was passed by Congress in 1969 and signed into law on January 1, 1970, and requires an environmental impact statement for every major federal action significantly affecting the quality of the environment. Subsequent national environmental legislation has been passed to provide for other environmental and human-rights protection, including the Clean Air Act (1970 and 1977); the Clean Water Act (1972); the Comprehensive Environmental Response Compensation and Liability Act, commonly known as the Superfund (1980); and the Americans with Disabilities Act (1992). Continued pressure on the earth’s resources, coupled with the potential impacts of global warming, will result in tighter and tighter future environmental regulations. Environmental assessment and conservation of natural resources will continue to be prominent sources of professional practice opportunities for landscape architecture professionals into the twenty-first century. A hallmark of landscape architecture practice in the environmental era is an emphasis on natural re-

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source planning that has a strong scientific basis to it.

International Practice The international practice of landscape architecture, both Americans practicing abroad and foreigners practicing in the United States, grew significantly in the last half of the twentieth century and has continued to grow in the twenty-first century. Globalization has brought opportunities for practicing landscape architecture throughout the world. From English-speaking countries, such as the United Kingdom, Australia, and New Zealand, to European countries, including Germany and France, to Middle Eastern countries, such as Israel, Saudi Arabia, and the Emirate of Dubai, to Asia, where Japan and China have been leaders in world growth, opportunities abound. According to a 2006 interview with the chair of American Society of Landscape Architect’s Professional Practice Network for International Practice published in LANDonline, the transformation of international practice began in the 1960s and 1970s, when landscape architecture programs began offering study-abroad programs. Today almost every program in the United States offers opportunities for international studies. Students are frequently hired because of their global cross-cultural experience and their first landscape architecture projects may be in a foreign country. Many American students now have the opportunity to start their careers with an international project and go on to do international projects for the remainder of their career. International work not only offers opportunities to develop as a landscape architecture professional but also provides the rewards of learning about other cultures. With the beginning of the International Federation of Landscape Architecture (IFLA) in 1948, landscape architects have had a professional organization to represent worldwide growth. IFLA provides leadership and networks supporting the profession and focusing on the following objectives: ■

The development and promotion of the profession of landscape architecture, together

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with its related arts and sciences, throughout the world The understanding of landscape architecture as a physical and cultural phenomena concerned with environmental heritage and ecological and social sustainability The establishment of high standards of professional practice in the design of the landscape, its management, conservation, and development

The spread of landscape architecture internationally is evident in the number of academic programs throughout the world. In an IFLA survey completed in 2004, “Guide to International Opportunities in Landscape Architecture and Internships,” edited by Annaliese Bischoff, Associate Professor in the Department of Landscape Architecture & Regional Planning, University of Massachusetts, there were 191 academic programs listed throughout the world including 50 academic programs in the United States. Foreign programs were listed in the following countries: Argentina, Australia, Belgium, Brazil, Bulgaria, Canada, People’s Republic of China, Colombia, Croatia, Czech Republic, Denmark, Finland, France, Germany, Hungary, India, Indonesia, Israel, Italy, Japan, Republic of Korea, Latvia, Malaysia, Mexico, the Netherlands, New Zealand, Norway, the Philippines, Portugal, Russia, Saudi Arabia, Slovenia, South Africa, Spain, Sri Lanka, Sweden, Switzerland, Thailand, Turkey, and lastly the United Kingdom. The 191 landscape architecture programs throughout the world offer education, teaching, research, and internship opportunities for foreigners and Americans. In the United States an ever-growing number of private firms have established offices in foreign countries. Many of the biggest and best firms now have numerous international branch offices. In 2008, EDAW, for example, listed 13 offices located in Asia, Australia, Europe, and the Middle East. Another multidisciplinary office featuring landscape architecture and known for its international practice, Belt Collins, listed offices in Hong Kong, Singapore, Bangkok, Guam, the Philippines, Honolulu and Seattle. Other firms, such as Peter Walker and Partners, are located only in the United States but have developed a global prac-

tice, working on projects around the world. Peter Walker’s international practice has been so significant that he received the first-ever Sir Jeoffrey Jellicoe Gold Medal Award from IFLA in 2005 for lifetime achievement, having a lasting impact on the welfare of society and the environment, and merit, talent, and actions that are recognized internationally. Without question, globalization is evident for landscape architects around the world. In the twenty-first century anyone with an interest in practicing in a foreign country will have unlimited opportunities for teaching, research, private, and public practice.

The Technology Era In 1996, the magazine Landscape Architecture published an article about the World Wide Web. The contents of the magazine article are mind boggling to look back on now. The article started off with this sentence: “Five years ago[in 1991] hardly anyone had heard of the World Wide Web; today it is hard to imagine a major cultural institution without a home page, and next year some form of Web presence will be as common-place for professional design firms as a yellow-pages listing.” Today, we know what an understatement the opening line of that article really is. Some people reading this book today may not even know that the yellow pages are sections of oldfashioned phone books that were devoted specifically to businesses. The article went on to conclude that the World Wide Web would offer new possibilities for information sharing and would be destined to be an entire new medium for landscape architects to “augment our design sensibilities.” The author of that article in 1996 could not have imagined how significant the World Wide Web would become nor how far it would take the profession over the next 10–15 years (Ervin 1996). Well, today we know that the profession of landscape architecture is inextricably tied to the World Wide Web and using the Web is an integral part of daily practice of the profession. Virtually every current firm has a Web site. During the daily professional routine, anyone practicing landscape architecture, whether private, public, corporate, or educational is usually logged onto the

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Internet for sharing files, for retrieving information, and for sending and receiving email. In fact, the ubiquitous use of email also started in the early 1990s when AOL, and soon many other providers, became worldwide providers of email on the Internet. Email on the Internet has become a highly efficient method of communication providing an immediate and direct feedback mechanism. The use of the Internet grew exponentially when broadband or “high-speed” Internet took hold after 2000. Today broadband Internet services regularly transmit 20 megabits per second of information. One megabit is equal to 1,000,000 bits of information. It’s almost unbelievable to imagine how 20,000,000 bits of information can be transmitted in one second—the power of the Internet! Moving forward we eventually will see gigabit, terabit, and beyond for Internet transmission speeds. Search engines that allow more productive and user-friendly access to the Internet, such as Microsoft’s Bing and Google, will continue to evolve. New capabilities will evolve, allowing users to find what they want more specifically, without having to wade through hundreds, thousands, or millions of search items. Internet connectivity has also revolutionized the landscape architecture office. Access to information, product manufacturers, and municipal GIS systems, for example, has dramatically changed the landscape architect’s way of work. Firms that have a single office now use the Internet to centralized time keeping, invoicing, money management, and information storage. Firms with multiple offices, no matter where they are located, stay connected in the same way—over the World Wide Web. Professionals who are on the go stay in touch with their offices by email, wireless cell phones and smart phone technology. Internet connectivity has also allowed effective telecommuting and working outside the office. Indeed, some landscape architecture offices may develop the virtual office as a model in years to come, where an actual physical office location will be replaced by individuals working at their homes and coordinating with the rest of the office staff via electronic, digital, and wireless connectivity. Technology has been increasing in the landscape architecture workplace almost exponentially

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since the last decade of the twentieth century, and this will continue as the twenty-first century proceeds. In 1995, for example, my private-practice firm, was still using hand-drafting as the primary method of producing construction documents, and it was not until two years later that we purchased our first PC-based AutoCAD software. Not because we wanted to, but because we had to. The advent of AutoCAD software as the computer production method of choice had become a reality within a couple of years, and all of the architecture and engineering firms that we collaborated with were making the change to full computer-based drafting production. The full spectrum of computer software for office management had begun by the mid-1990s and Microsoft Office products, especially Word and Excel, were being fully implemented across the board in landscape architecture offices. Today, we take Word and Excel for granted. Page layout software, such as Adobe’s InDesign and Quark’s QuarkXPress, has made each landscape architecture office a proverbial publishing company. Photo-handling and graphic-design software, such as Adobe’s Photoshop and Illustrator, are used on a regular basis for all sorts of graphic rendering and design activities in private practice today. As the twenty-first century moves on, the use of 3-D graphics software that is relatively easy to use such as Google’s SketchUp will become an everyday tool in the practice of landscape architecture. Cell phones also took off in the late 1980s and 1990s. Today, there are 2.5 billion cell phone subscribers worldwide. While no one can argue with the value of the connectivity created by cell phones and wireless communication, more recently the burgeoning use of smart phones that provide not only audio connectivity but also email and web service are revolutionizing mobile use of the Internet. Voice over Internet Protocol (VoIP) has provided an inexpensive form of voice communication and will become more prevalent in the wireless world moving forward in the next decade. Today, life would be unthinkable without the Internet and wireless phone service. Blogs, microblogs (twittering or tweeting if you will), podcasts, and online seminars are part of the lives of landscape architects. Using social networking sites, such as LinkedIn or Facebook, has become mainstream,

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Figure 1-14. A 3-D model of a park development project in a planned community created using Google’s SketchUp software. Drawing by Randall Kopff, Courtesy of Olsson Associates.

and these communication outlets will grow in popularity and be used increasingly by professionals. The technology of the future will see a continued blending of the real world with the virtual world. While it is possible today to create a simulated walk-through of a landscape architect’s project, it is not hard to imagine in the not too distant future that software will be developed allowing a landscape architect to create a virtual environment, making it possible for the client or the users to go through the project in a real-time, real-life, full-dimension virtual experience. In 1964, Marshall McLuhan wrote a book titled The Medium is the Message. The thesis of the book is that the medium affects how a message is perceived. Concentration on the medium instead of what is being conveyed can impact the message. A person watching a movie, for example, is affected not only by the content or subject of the movie but also by the movie medium itself, possibly to the detriment of understanding the content. As landscape architects move through the twenty-first century, newer and more advanced

software as well as technological advances in hardware and communication equipment are going to create opportunities and efficiencies that are almost too much to comprehend. No one, for example, in 1985 would ever have dreamed that 2.5 billion cell phones would be in use 25 years later in 2010. No one in the 1990s would have predicted the complete transformation to computer-based production of plans and specifications in the span of a few years. Moving forward it will be ever more challenging to incorporate the software, hardware and communication tools we now have and those that will be developed without losing the message of a wellcrafted design. It is possible to envision that landscape architecture students and professionals could spend more time learning the medium rather than the message, learning software applications to the detriment of learning to practice good planning and design methods. So the challenge for landscape architects in the Technology Era will be to concentrate on getting a landscape architecture degree that is well-grounded in planning and design principles, and practice the profession by using software,

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hardware, and communication advances as tools to convey their work, not as the work itself. Further discussion of technology and specific software, hardware, and communication capabilities in the landscape architecture office of today and tomorrow is found in the last section of this chapter.

Professional Career Tracks Today, landscape architects may be found practicing in both traditional and nontraditional career tracks. A traditional career path would take one into a private or public office practicing project planning and design. A nontraditional track might find a landscape architect working as a landscape rehabilitation specialist for an international mining company. Another traditional career option is participating in a design-build company as a designer or construction crew manager. With continued concern for the environment and human rights, the career options for landscape architects will grow. There will be more opportunity in traditional private-practice options, including site planning and design. More and more, career options will fall in niche areas concerned with public participation in the planning and design process, ecosystem management, neighborhood protection, code compliance, environmental art, or historic landscape preservation. Generally speaking, career tracks for a landscape architect fall into the following groups: ■ ■ ■ ■ ■ ■

Private practice—design Private practice—design-build Public practice Academic practice Corporate practice Specialty practice

Private Practice—Design Historically, more landscape architects have followed the private-practice, design-oriented career path than any other option. Traditional private practice has focused on site planning and the design

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of outdoor facilities, usually referred to as project design. There are several types of private-practice firms that a landscape architect may consider joining: ■ ■ ■

■

Small firm, landscape architecture oriented Large firm, landscape architecture oriented Multidisciplinary architecture and engineering (A/E) firm that includes landscape architects Multidisciplinary environmental firm that includes landscape architects

Typically, a graduate or landscape architect in training will join a private-practice firm and start in an entry-level position. Duties will include hand and computer-aided drafting, production of construction documents, project-related research, and design functions in an apprentice relationship with the firm’s project landscape architects or principals. As experience increases, the landscape architect will be given greater responsibility for client contact, project design, and project decision making. After several years and depending on the firm’s management style, the landscape architect will be given direct responsibility for project design and direct client contact. Typically, design responsibility starts with design of construction details and subcomponents of a site design project. If the landscape architect handles the details and smaller parts of a project with skill and capability, opportunities for greater design responsibility will follow. One of the key decisions in the private-practice design track is deciding what size of office to work in. On average, private landscape architecture offices employ only three design professionals, but the size of offices ranges from one or two landscape architects to one hundred or more. A large firm may present greater opportunities to the landscape architect for advancement and professional development. A smaller firm may provide opportunities for greater exposure to all phases of a design project sooner. Another important decision is whether to join a firm that employs only or predominantly landscape architects or to select a multidisciplinary firm that may be predominantly staffed with engineering professionals or architects. Multidisciplinary firms may offer access to more complex, larger-scale projects than the independent small landscape architecture office.

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Private Practice—Design-Build Many landscape architecture graduates select the design-build option as a career track. Design-build firms offer the opportunity for more control over the finished product—the built landscape. Designbuild offices normally focus on residential and small-scale commercial developments, where the design-build approach is economically competitive and where the close relationship between design and construction can make a difference in the attention to detail needed for a high-quality finished product. The types of construction drawings and other communication methods in the design-build office can be different from those in a traditional design-only office. Because the landscape architect in a design-build office has a direct working relationship with the construction crew, the plans may be looser and more pictorial than the construction bid documents typically produced by the design-only office. The design-build landscape architect is more likely to use sketches of construction details, three-dimensional drawings, direct verbal communication with the firm’s construction superintendent, photographs of previously completed projects, and direct supervision on the job site as the methods of communication required to get the project built.

Public Practice Federal, state, and local governments collectively employ thousands of landscape architects. In 1993, the American Society of Landscape Architects (ASLA) listed 1,070 landscape architects, 24 percent of its membership, as public practitioners. The National Park Service, the National Forest Service, state and local park departments provide the most employment opportunities in the public sector. The Denver Service Center of the National Park Service, for example, employs a large number of landscape architects to work on the planning and preservation of national parks. Federal, state, and local departments of transportation, planning, and engineering also provide a wide range of job opportunities for landscape architects.

Whereas a public practitioner may work in a design or planning capacity, he or she is more likely to work as an administrator responsible for coordinating with other government departments, managing consultant contracts, developing design guidelines, writing ordinances, and enforcing code compliance. Public practice offers a wide range of opportunities for influencing the shape of the environment and the quality of urban development through the process of developing and enforcing codes and ordinances.

Academic Practice The academic career track includes opportunities in teaching, research, and campus planning. In most cases, advanced degrees, including a master’s degree in landscape architecture and a doctorate in a related field, are required for teaching at the university level. Additionally, advanced education is the backdrop for academic practitioners to engage the research challenges facing landscape architects on the faculties of institutions of higher education. Opportunities for academic and research practice are available, for the most part, in the university landscape architecture programs throughout the United States and in foreign countries. In 2010, ASLA listed 72 institutions of higher education in the United States and Canada with programs in landscape architecture that were accredited by the Landscape Architecture Accreditation Board (LAAB) (www.asla.org/schools.aspx).One of the best ways to begin a career path in academic practice is to serve as a teaching assistant while obtaining an advanced landscape architecture degree.

Corporate Practice The corporate world offers a wide range of employment options for landscape architects. One corporate practice opportunity lies with companies that develop land or recreational properties and real estate investment trusts (REITs). The Del Webb Corporation, the Fairfield Corporation, and the Summa Corporation, for example, are developers of retirement communities and other planned communities often featuring recreational themes.

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Walt Disney Imagineering, the planning and design group for Disney theme parks, including Disneyland, has been a leading corporate employer of landscape architects. Another type of corporate opportunity is found with companies that develop retail outlets, restaurants, hotels, or other facilities throughout the United States and the world. Although developing real estate is not the mission of the company, buildings must be developed in order for the company to sell its product or service. The list of companies is endless, but a few examples include McDonalds, Wendy’s, Hyatt, Ramada, Mobil, Exxon, The Home Depot, and Sears. These large corporations include real estate planning and management departments responsible for site selection, design, and management of the corporation’s properties. There are considerable career opportunities for landscape architects with these corporate giants. A third type of corporate career track is a position with manufacturers or suppliers of landscape industry products, construction materials, or software. Job options include product design and development, as well as sales and management. Irrigation equipment manufacturers, such as Toro, Rain Bird, and Buckner, have employed landscape architects, as has Columbia Cascade, the maker of Timberform play equipment and site furniture. Google, the developers of SketchUp software, also has employed landscape architects. Other corporate opportunities for landscape architects lie with companies that have a need for natural resource conservation and landscape reclamation. Mining companies, paper manufacturers, and power and utility companies hire in-house landscape architects and other environmental professionals to manage corporate departments dealing with conservation and reclamation. Other employment opportunities are found in the nonprofit corporate sector with organizations such as The Nature Conservancy, the Sierra Club, the Girl Scouts of the USA, and the YMCA. The benefits usually available from large corporate employers are often the reason why a corporate landscape architecture career is chosen. Health benefits, insurance packages, a retirement program, leave benefits, a company car, promotion opportunities, and other benefits make the corporate option an inviting career path to consider.

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Specialty Practice In the last quarter of the twentieth century, a number of specialty career options have evolved, broadening the opportunities for professional practice. Landscape architecture specialty practices with the largest number of practitioners include golf course design, historic landscape preservation, irrigation design, computer applications, and environmental analysis and planning. Most of the preparation for specialty practice occurs after graduating with the basic elements of a landscape architecture education. Although some landscape architecture programs offer courses in specialty areas, most of the training is obtained on the job after graduating. The key to a specialty career path is having a keen interest in the specialization and finding a mentor or specialty firm to work for.

Figure 1-15. Members of the American Society of Landscape Architects (ASLA) by type of practice. Approximately one-third of the landscape architects in the United States are members of ASLA. This table illustrates the numbers of landscape architects by type of practice based on categories tracked for ASLA members in the 1990s. Source: American Society of Landscape Architects 1994.

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Professionalism In describing professional conduct, one often hears: “He conducted himself as a true professional.” Or, “She has a high degree of professionalism.” What does it mean when a landscape architect is described like this? What does professionalism mean? One definition of professionalism is the following of a profession as an occupation, which is different than amateurism or practicing a hobby. Professionalism refers to the standing, practice, and methods of a professional as distinguished from a hobbyist. Following the profession of landscape architecture as an occupation involves developing the expertise, or expertness, to carry out work as a professional landscape architect. The expertise is gained through education, apprenticeship and experience. Professionalism refers to the character and spirit of a professional as well as the procedures used by a professional practitioner. Professionalism involves making a living at the practice of landscape architecture, making landscape architecture one’s livelihood. It involves following standards of care established for the practice of the profession, primarily through state licensure. It involves integrity and honesty in dealing with clients, allied professionals, government agents, and the general public. Further, it involves recognition by one’s peers in that one professional is willing to call another professional a professional. Peers of professionals will band together in organizations that establish the standards for professionalism, including the standards for admission to the profession, standards for ethical practice of the profession, and measures by which professionals may be disciplined if found guilty of violating the standards. One mark of a professional is a person that can do his or her best when the person doesn’t want to or really doesn’t feel like it. A professional landscape architect may need to go to work and develop a design plan, for example, even if he or she doesn’t feel creative on a given day. Professionalism means meeting a due date even if one would rather be somewhere else having fun. Professionalism means making that phone call to coordinate on a project even if the professional doesn’t like the person he or she needs to coordinate with. Pro-

fessionalism means working with a group of other designers or people of other disciplines even if the professional doesn’t get along well with the other designers or doesn’t feel appreciated by members of the other disciplines. Professionalism means working with others in spite of having personal problems and having the others never suspect that anything was wrong. Professionalism means putting oneself above the fray. Professionalism means having spirit and having a love of the profession. Professionalism is something that is practiced every day. It is something that practitioners live and breathe. Professionalism means being devoted to landscape architecture. It means liking what one does in the practice of landscape architecture. It means becoming the best possible landscape architect. It means continuing with professional development throughout the duration of one’s career. Professionalism requires careful thought and disciplined practice. It involves thoughtfulness and consideration toward the people who will use the places designed by a landscape architect. Projecting yourself into a landscape architectural site plan and visualizing how it will be perceived by the users, for example, is the oldest method used for developing plans that are sympathetic and considerate of the people who will use a place. The following list is a summary of many of the virtues of landscape architecture professionalism that that have endured the test of time: ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■

■ ■ ■

Honesty and integrity Social awareness Reliability Responsibility Commitment Service to clients Respect for all the users of a place Service in the public interest Altruism Respect for the environment Stewardship of the environment Ethical practice Obtaining and maintaining professional registration Courtesy to allied professionals Collaboration Professional self-improvement

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■

■

Awareness of one’s limits when faced with complex problems or issues Practicing legally

Professionalism is a landscape architect’s way of life. It is how landscape architects sustain their profession. Some of the ways the profession sustains itself include the following characteristics of professionalism: ■ ■

■

■

■

■ ■ ■

■ ■ ■

■

A definite field of expertise Required education with curricula standardized among universities and colleges Qualifications-based entry into the practice of the profession through registration, licensing or certification A social conscience and an environmental ethic A method of self-policing with respect to negligence, illegal, and unethical behavior Fees based on the value of services rendered Respect for the profession by its professionals Respect for the profession by allied professionals Agency relationship with clients Fiduciary responsibility to clients Compliance with regulations intended to protect the health, safety, and welfare of the general public Professional practice that is honest, fair, and ethical

Many people believe the genesis of professionalism may be attributed to the ancient Greek physician Hippocrates, who wrote the Hippocratic Oath in the fourth century BC. Hippocrates is regarded as the father of the medical profession. He founded the Hippocratic school of medicine, establishing the distinct professional basis of medicine. The Hippocratic Oath defined the first professional code of conduct. While not directly germane to the landscape architecture profession, the Hippocratic Oath has represented a benchmark for over 2,400 years for people who are concerned about the values and sustainability of professions. Landscape architects, notably, have been concerned for the values and sustainability of their profession for almost 200 years.

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Professional Licensure In order to call oneself a landscape architect and to practice landscape architecture, state licensure is required in all but one state in the United States. Individuals wishing to practice landscape architecture must acquire a license to practice in each state or Canadian province in which they desire to practice. Licensure is based on the successful completion of education, training, apprenticeship, and formal examination requirements. Licensure, or professional registration, establishes the qualifications by which a landscape architect is deemed competent to perform work that affects the health, safety, and welfare of the general public. There are two general types of licensure laws: practice laws and title laws. Under the requirements of a practice law, no unqualified person may perform the work of a landscape architect as the work is specified in the practice law. Under a title law, no person may call himself or herself a landscape architect unless he or she is licensed. Unlicensed persons may carry out the work of a landscape architect under a title law, but they may not call themselves a landscape architect. Registration for landscape architects began in 1954 with passage of title laws in Louisiana and California, and by 1961, five states required landscape architecture registration (CLARB 1994). According to information on the ASLA Web site, by 2010, 49 states required licensing of landscape architects. Five Canadian provinces and the Territory of Puerto Rico also license landscape architects (www.asla.org/schools.aspx). According to the Council of Landscape architecture Registration Boards (CLARB), 38 of the states have passed practice laws (www.CLARB.org). In most jurisdictions, legislation mandates the establishment of a governing board that regulates the practice of the profession. The board determines who is qualified to practice landscape architecture and enforces the registration law. In some jurisdictions—California, for example—regulatory boards are set up specifically to monitor only landscape architects. In other jurisdictions, combined boards regulate not only landscape architects but also other related design professionals such as architects and engineers. Arizona’s State Board of Technical Registration, for example, governs the

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practice of landscape architects, architects, engineers, land surveyors, geologists, and assayers. In Minnesota, the state board licenses architecture, engineering, land surveying, landscape architecture, geoscience and interior design. Each state defines the use of the title landscape architect or the practice of landscape architecture if the registration law is a practice law. Arizona’s practice law includes the following definition of the practice of landscape architecture:

■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■

“Landscape architectural practice” means the performance of professional services such as consultations, investigation, reconnaissance, research, planning, design or responsible supervision in connection with the development of land and incidental water areas where, and to the extent that the dominant purpose of such services is the preservation, enhancement or determination of proper land uses, natural land features, ground cover and planting, naturalistic and esthetic values, the settings and approaches to buildings, structures, facilities, or other improvements, natural drainage and the consideration and the determination of inherent problems of the land relating to erosion, wear and tear, blight or other hazards. This practice shall include the location and arrangement of such tangible objects and features as are incidental and necessary to the purposes outlined in this paragraph, but shall not include the making of cadastral surveys or final plats for official recording or approval, nor mandatorily include planning for governmental subdivisions (State of Arizona 1991).

Most states recognize the licensure of other states by a system of reciprocal registration, or reciprocity, whereby a landscape architect licensed in one state may obtain a license in a different state. A number of states, Massachusetts, Nevada, and California, for example, require the landscape architect seeking licensure by reciprocity to take a short exam that usually focuses on the specific regulations of the states licensure law or on regional characteristics that affect practice in the state. Some states also have provisions in their registration law for

short-term licensure in order for a landscape architect licensed in one state to carry out work and seal the plans prepared for a specific project in the state. Professional regulatory boards join together to form organizations that work on issues of common interest such as reciprocal registration and standardization of registration exams. By 1961, with the initial five states recognizing landscape architecture, the need developed for an overall landscape architecture registration coordinating body and the Council of Landscape Architecture Registration Boards (CLARB) was born. CLARB is a national organization through which individual member boards work to more effectively fulfill their state obligations and missions. Although CLARB is not itself a national licensing board, the council exists to facilitate the exchange of information among its member boards and seeks to improve the regulation of landscape architecture. CLARB works on behalf of member boards to establish standards for the education, experience, and examination required for the professional licensure of landscape architects. The Council of Landscape Architecture Registration Boards is an independent nonprofit organization. It is not affiliated with ASLA or the Canadian Society of Landscape Architects (CSLA). CLARB is dedicated to ensuring that all individuals who affect the natural and built environment by practicing landscape architecture are sufficiently qualified to do so. The most important service provided by CLARB to its member boards is the development, administration, grading, and processing of the Landscape Architecture Registration Examination (LARE). The LARE is used nationally and in Canada as a means for initial licensure and registration of landscape architects. Reciprocity is normally made easier if the landscape architect has obtained a license by passing the LARE exam. CLARB strives to ensure that the public has access to services provided by competent landscape architecture professionals by trying to reduce the barriers to interstate and international practice. To this end, CLARB manages a recordkeeping program and a professional certification program of each individual’s professional development. The record-keeping program, called the CLARB Council Record, is a verifiable history of a

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professional’s education, experience, examination, and licensure history. The Council Record also provides the documentation and application materials for obtaining CLARB certification. “CLARB certification is formal recognition that an individual has met or exceeded the national standards as a landscape architect and has CLARB’s recommendation to all registration boards that the individual be granted reciprocal registration without further examination.” Eleven states in 2007 required the CLARB Council Record in order to obtain reciprocity (see the CLARB Web site, www.CLARB.org).

The LARE The Landscape Architecture Registration Exam (LARE) is based on specific tasks, knowledge, skills, and abilities that are necessary to perform landscape architecture services in the best interest of the health, safety, and welfare of the general public. The exam tests whether a professional is capable of performing at an entry level of competency. The LARE is exactly the same in every jurisdiction where it is used. It is administered on the same days each year and under the same conditions in every jurisdiction. The LARE consists of two types of tests: Graphic performance examinations and multiple choice questions. The graphic examinations are administered by state and provincial registration boards. The multiple-choice examinations are administered by CLARB at national computer testing centers. The 2007 test, for example, included two graphic sections and three multiple choice sections. Each exam section is graded pass/fail. All sections must be passed for licensure. Candidates can contact their specific state registration board and CLARB for test dates and application deadlines. The CLARB Web site (www.CLARB.org) is particularly useful and very helpful regarding all aspects of the testing process and preparing for the examinations. The history of the LARE is interesting. CLARB adopted a national exam in 1969 when the first test was administered. From 1970 to 1991, the exam was known as the Unified National Examination (UNE). In the early years, 1970–1975, the UNE included two components that tested candidates’

23

knowledge of plant materials and planting design. All the early UNEs through 1985 also included sections on the history and theory of landscape architecture. In addition to testing candidates’ landscape architectural design capability, the early exams also included knowledge of design implementation, which tested candidates’ abilities with site engineering, construction documents, and construction details. It wasn’t until the 1988 UNE that a section specifically devoted to grading and drainage was included in the exam. In 1991, a profession-wide survey—the Landscape Architect Task Analysis Survey—was undertaken to identify the specific knowledge, skills, and competencies needed by landscape architects. This task analysis survey was quite thorough and changed the complexion of the national examination. The LARE was born out of the national self-analysis, and in 1992 the first LARE was administered by CLARB. Today, the LARE is administered by CLARB’s Examination Committee made up of volunteers from the United States and Canada. Since 1991, the Examination Committee has continued to use a national task or job analysis undertaken every 5– 7 years as the basis for shaping the content of the LARE and keeping it up to date. Figure 1-16 illustrates the trends and the shaping of the national registration exam by the different section titles and formats used since the beginning of the exam. The task analysis or job analysis completed in 2005 included the views of 6,000 landscape architects from the United States and Canada. Only the tasks, knowledge, skills, and competencies identified by those 6,000 landscape architects as being important for the protection of the health, safety, and welfare of the general public are included in the LARE. The makeup of the exam based on the job analysis is a microcosm of the profession. These task-analysis summaries are a snapshot of how professionals defined the profession in 2005. From 2006 to 2010, the LARE included 5 test sections based on the task analysis. Section A, Project and Construction Administration, was developed as a 70-item multiple choice test. Based on the job analysis of the profession, Section A indicates that landscape architects need to know how to coordinate and manage design teams and how to administer a project. They must understand

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UNE 1969 to 1975 C D E F1 F2 G

History/Theory Professional Administration Landscape Construction Plant materials Planting Design Landscape Architecture Design

UNE 1976 to 1985 A History B Professional Practice C Design D Design Implementation UNE 1986 to 1987 1 Professional Practice 2 Design 3 Design Application 4 Design Implementation UNE 1988 to 1991 1 Professional Practice 2 Design 3 Design Application 4 Design Implementation 5 Grading and Drainage LARE 1992 to 1996 1 Legal and Administrative Aspects of Practice 2 Programming and Environmental Analysis 3 Conceptualization and Communication 4 Design Synthesis 5 Integration of Technical and Design Requirements 6 Grading and Drainage 7 Implementation of Design through the Construction Process LARE 1997 to 1998 1 Legal and Administrative Aspects of Practice 2 Programming and Environmental Analysis 3 Conceptualization and Communication 4 Design Synthesis 5 Integration of Technical and Design Requirements 6 Grading and Drainage LARE 1999 to 2005 A Legal and Administrative Aspects of Practice B Analytical Aspects of Practice C Planning and Site Design D Structural considerations, and Materials and Methods of Construction E Grading, Drainage, and Stormwater Management LARE 2006 to 2010 A Project and Construction Administration B Inventory, Analysis and Program Development C Site Design D Design and Construction Documentation E Grading, Drainage and Stormwater Management Figure 1.16. Makeup of the Landscape Architecture National Registration Examination 1969 to 2010 by Sections

construction contracts, the responsibilities of the various parties under a construction contract, and the landscape architect’s responsibilities during construction observation activities. They need to understand postconstruction activities such as postoccupancy analysis and how to review plans for code compliance. Section B, Inventory, Analysis and Program Development, of the 2005 LARE included 90 multiple choice items focused on how to define a planning and design problem by understanding a client’s intentions and needs, how to use focus groups and surveys to determine the needs of user groups, and how to define the goals and objectives of a project. The landscape architect also needs to know about the parameters of a project, including the problem statement, goals, objectives, purpose, needs, and desirable outcomes. Knowing how and where to find information for a project, such as zoning and development regulations, and how to analyze the data as a basis for design are two elements of Section B. This section tests a candidate’s knowledge of the human and natural, social, and cultural factors affecting design as well as knowledge of visual, cultural, and natural resource assessment. Last, Section B includes knowledge on setting project budgets and how sustainability considerations, such as water availability, influence the shaping of a planning or design project. Section C of the 2005 LARE included four design vignette problems testing a landscape architect’s ability to develop site design solutions. The vignettes include a candidate’s understanding of on-site considerations, off-site influences, and code implications on the development of a site plan. Adequate graphic ability to convey the site design solutions is tested. The vignettes may also include the need for incorporating information from specialty consultants in the site plan. The site-planning vignettes include a landscape architect’s ability to analyze the implications of design decisions on natural and cultural resources at both micro- and macro-scales. Incorporating multi-modal circulation is another emphasis of Section C of the LARE. Section D of the 2005 LARE is a 120-item multiple-choice exam focused on knowledge of design and construction processes, or how a project is successfully designed and built. To pass Section D, a landscape architect must understand design

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principles, resource conservation, graphic communication, construction documentation, materials, and methods of construction. Knowledge of design principles includes design theory, problemsolving techniques, social responsibility, therapeutic aspects of design, and principles related to safety, security and crime prevention. The latter is tested in relation to the size, location, and types of plant materials. Questions are included about natural resources, ecological planning principles, environmental ethics, floodplain management, habitat creation, habitat restoration, urban ecology, and land and water reclamation. The role of visual communication, including photographic and video documentation, is included. Graphic presentation techniques and when to use different techniques are also included. About 20 percent of the questions in Section D focus on construction documentation, including general and supplemental conditions, special provisions, and technical specifications. Knowledge of construction drawings, such as horizontal and vertical control plans, erosion and sediment control plans, and landscaping and irrigation plans is featured. A candidate must demonstrate knowledge of the construction process, including construction sequencing, staging, and technology. The test also includes construction cost computations, unit price estimating, area, and quantity take-offs. As much as 38 percent of Section D is devoted to materials and methods of construction. Knowledge of construction details for site amenities is tested, as is knowledge of circulation systems and their design requirements. Lighting systems, noise mitigation, erosion control, sediment mitigation, biofiltration, and other alternative drainage and storm water treatments may be included in the exam. The exam candidate is also tested on utility systems and how to perform subsurface storm water calculations and determine storm sewer pipe sizes. Section E is made up of four vignette graphic problems related to a landscape architect’s ability to complete grading, drainage, and storm water control plans. The ability to manipulate landform, to convey runoff and minimize environmental impact is the key to passing Section E. This section also tests one’s ability to evaluate the effect of one’s decisions on existing off-site conditions and to de-

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velop strategies for water conservation and landscape resource preservation. The vignettes require one to think three-dimensionally about landforms and manipulate contours to meet grading design objectives. CLARB has an outstanding Web site that provides informational guides for preparing to take the LARE, manuals on studying for the exam, and specifications of what is included in each exam. Most chapters of the American Society of Landscape Architects also sponsor study programs and review seminars for taking the LARE.

Professional Development The education of a landscape architect does not end with a college degree, and professional training does not end after successfully passing the LARE or state registration exam. Education and professional development for the landscape architect is a lifelong pursuit. Professional development is the term used to describe the landscape architect’s continued honing of his or her skills and interests in the profession and the broadening of his or her professional expertise. Professional development and continuing education are so important that some states (New Mexico, for example) require their licensed professional practitioners to submit evidence of continuing education courses and other forms of updating the professional’s expertise as a prerequisite for continued licensure. Professional development can take many directions for the practicing landscape architect. For the college graduate working in an entry-level position, professional development may involve learning the methods and techniques of producing a set of construction documents in an office setting. The young professional may also be drawn toward a landscape architectural specialization, and professional development could mean focusing on acquisition of the necessary specialty skills in golf course design or environmental assessment, for example. For the experienced practitioner, professional development may mean taking college courses or training seminars to update his or her knowledge or learning a new skill such as a specific computer software

Oak Street is a collector road with a speed limit of 30 MPH [50 KPH].

Access is NOT permitted off of Main Street.

•

•

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Scale: 1"=40'

Restaurant

60' [18m]

Building Entrance

Courtesy of CLARB.

Figure 1-17. Example of a LARE site design problem.

Walk

Provide a pedestrian walkway from the parking area to the building entrance.

•

Order/ Pick-up Window

Provide a separate drive-thru lane to access the order/pick-up window. Minimize conflicts between drive-thru traffic and other site traffic, parking and pedestrian circulation.

__ Spaces

•

Not to Scale

Locate 30 parking spaces on the site. Indicate parking by using the following graphic convention:

•

HC

Locate the Restaurant Building using the graphic below.

•

No. of Spaces

Provide only one curb cut on the site. This curb cut will facilitate both ingress and egress. Indicate direction of vehicular circulation with arrows.

•

REQUIRED:

Main Street has a speed limit of 45 MPH [70 KPH].

•

CONTEXT:

Prepare a circulation design for a proposed fast food restaurant.

PROBLEM STATEMENT:

Section C - Circulation Sample

Commercial

48 [15m]

C L

46 [14m]

Commercial

Main Street

Commercial

44 [13m]

Existing Scrub Trees (typ.)

44 [13m]

46 [14m]

48 [15m]

Landscape Architect Registration Examination

North Scale: 1"=40' [1:500 Metric]

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Oak Street

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SAMPLE PROBLEM

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Council of Landscape Architectural Registration Boards

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application or personnel management techniques. Serving on a committee for a professional society such as ASLA is another form of professional development that can bring meaningful personal rewards. Serving on a local design review board, planning and zoning commission, a storm water advisory committee, or a downtown development advisory commission are other forms of professional development. Keeping up with technological advancement is one of the main reasons that professional development is necessary. Technological advancement impacts professional practice in a number of ways. New products are regularly developed for use in planning and design projects. Concrete unit pavers, for example, became widely available as alternatives to bricks, granite sets, and asphalt paving blocks. Drip irrigation products became widely available as alternatives to conventional bubbler and spray equipment. New methods of building and construction techniques are being developed regularly, resulting in the need for landscape architects to keep up to date. Moreover, the continued evolution of computer-aided design and drafting requires a constant effort to stay on top of professional development requirements. Most firms, corporations, public agencies, and other employers support the professional development activities of their landscape architecture employees. Employers normally publish their professional development opportunities in personnel manuals. Typically, the employer’s support for professional development may include some or all of the following opportunities: ■

■

■

■

■

■

Paid leave time for taking the state registration exam and reimbursement of the cost of the exam Reimbursement of the recurring cost of renewing the landscape architect’s state registration Paid time off for participating in local commissions and boards Full or partial reimbursement of the cost of attending professional association meetings Full or partial reimbursement for jobrelated education and training courses Staff retreats related to business development, goal setting, and strategic planning

■

■

■

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Leave time and sabbaticals for long-term professional development opportunities Reimbursement of expenses and paid time off for attending conferences and giving papers or presentations on the work of the firm, agency, corporate employer, or educational institution Covering the overhead costs, such as printing, mail, or telephone costs, related to professional development activities

Professional development is a necessary and important goal for the practicing landscape architect. A written professional development plan listing specific personal goals and objectives tied to completion dates is an effective method for focusing time and energy on expanding and developing one’s professional career.

Professional Societies Banding together to form associations for sharing information and advancing the collective spirit of a profession is an instinctive activity for all types of professionals. Professional organizations and societies provide a network for practitioners to exchange concepts and a forum to advance new ideas. Such organizations provide a professional home base where practitioners can obtain support, develop camaraderie with peers, and find a sympathetic ear. Professional societies provide leadership training and opportunities for every member of the organization to help in shaping the direction of the profession. Organizations can make a wide variety of materials available to help professionals succeed as leaders in their local communities. They also act as a rallying force for pro bono work carried on in communities by practicing professionals. Professional societies are excellent vehicles for lobbying efforts intended to advance the opportunities for professional practice and job development at local, state, and national levels. Professional societies can pursue legislative programs that support the goals of practitioners, and representatives of the professional organization can meet with legislators to inform them of the views of the

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profession. By developing policy statements and group viewpoints, members of professional organizations take steps toward defining the broader profession in the public eye. By developing public statements on the environment, visual resources, natural resources, public lands, barrier-free design, energy conservation, water conservation, urban growth, parks, open space, and other relevant topics, these organizations educate the public about the profession of landscape architecture and its mission of stewardship of the land. Indeed, educating the public and developing public awareness is a central goal of professional societies. Professional organizations promote and protect licensure, certification, and registration of their members. They provide a unified front that supports the need for licensure and can produce Web sites, literature, displays, videos, and other materials designed to educate the general public on the values of licensure. Professional societies are particularly valuable for focusing public attention on ways that landscape architects protect the health, safety, and welfare of the general public. Professional societies sponsor or manage the accreditation process and staff the teams that evaluate university curricula for accreditation. Accreditation by a national society provides credibility, continuity, and integrity among the educational programs that exist to train landscape architects. The Landscape Architectural Accreditation Board (LAAB), for example, the national accrediting agency for undergraduate and graduate degrees in landscape architecture, is recognized by the Council on Postsecondary Accreditation and by the United States Department of Education. Professional societies act as disseminators of professional literature. Most professional organizations publish newsletters and journals intended to keep practitioners current on a wide variety of profession-related topics. With the continuing development of technology and computer capabilities, most professional organizations provide web sites and computer networking opportunities to their members, making a wide variety of information available for members. Professional societies also publish books relevant to the profession and act as a clearinghouse for professionally valuable literature. Many organizations sell books to mem-

bers at reduced prices and publish member listings and handbooks that are very useful sources of general information about the professional practitioners. Another valuable activity of professional societies is the recognition of professional excellence by sponsoring awards and publicizing successful professional work and cutting-edge professional activities. Professional societies sponsor national, state, and local awards programs, providing visibility for their members, as well as monetary awards for practitioners, educators, and researchers. A few of the tangible benefits offered by professional organizations include scholarships for students; major medical, dental, and life insurance group policies; leadership seminars; technical workshops; professional liability insurance programs; and group contract documents. Organizations also sponsor annual conferences that give members opportunities to convene and renew the collective spirit of professional practice. Job referral services are another service offered by professional societies. ASLA is the largest single organization of landscape architects. Approximately one-third of all landscape architects are members of ASLA. “The mission of the American Society of Landscape Architects ‘is the advancement of the art and science of landscape architecture by leading and informing the public, by serving its members, and by leading the profession in achieving quality in the natural and built environment.”’ ASLA is governed by an executive committee and a board of trustees, who draw on the expertise of members to manage and direct the organization. ASLA maintains liaisons with a number of other national organizations of design, architecture, planning, engineering, environmental, and other disciplines related to the profession of landscape architecture (ASLA 1993, 1995). Joining ASLA is one of the ways that each landscape architect can be supportive of the bonds that bind professional practitioners together. The Council of Educators in Landscape Architecture (CELA) is another national organization of professional landscape architects primarily geared to providing support for university professors and students. According to CELA’s bylaws, “The purposes of The CELA shall be to encourage,

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support and further education in the field of landscape architecture specifically related to teaching, research, scholarship, and public service” (CELA 2004, p. 2). CELA also seeks to encourage and support scholarship, enhance landscape architecture curricula, encourage and support research, foster communications and the exchange of knowledge, and to facilitate interaction among the landscape architecture education community. CELA is a membership organization with four categories of institutional members and a category of corresponding, or individual, members. The four categories of institutional members include: ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■

Member Institution: Membership as a Member Institution shall be open to schools, departments, programs, and curricula in landscape architecture that are accredited by the American Society of landscape Architecture (ASLA), for International Institutions Landscape Architecture Programs accredited by their specific incountry organization, or have more than three full-time equivalent faculty assigned to landscape architecture education. Associate Member Institution: Membership as an Associate Member Institution shall be open to schools, departments, programs, and curricula in landscape architecture that have three or fewer full-time equivalent faculty assigned to landscape architecture education. Affiliate Member Institution: Membership as an Affiliate Member Institution shall be open to educational institutions, public or private corporations, professional societies, or other organizations participating in, concerned with or interested in landscape architecture education, not otherwise eligible for Member Institution or Associate Member Institution status. International Institution: Membership as an International Institution shall be open to educational institutions, public or private corporations, professional societies, or other organizations participating in, concerned with or interested in landscape architecture education, not otherwise eligible for Member Institution or Associate Member Institution status outside of North America. (CELA 2004, p. 3)

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CELA is governed by a board of directors composed of CELA’s six officers and the regional directors. Each year CELA holds an annual conference to stimulate interest in landscape architecture and advance the profession. CELA publishes the proceedings of its annual conference, as well as Landscape Journal, published under an agreement with the University of Wisconsin Press. CELA also publishes an electronic newsletter called DesignNet. One of CELA’s activities is honoring the outstanding educators in landscape architecture curricula through an annual national awards program. Each year, CELA gives one or more Outstanding Educator Awards and Awards of Distinction. CELA also gives other annual awards such as a President’s Award or Awards of Recognition for excellence in landscape architecture, research, public service, administration, or service to education. See Table 1-1 for a list of CELA award winners in the categories of Annual Award of Distinction and Annual Outstanding Educator Award.

Ethics Ethics is the branch of philosophical theory concerned with morality. According to Louis P. Pojman in his text Ethical Theory: Classical and Contemporary Readings, morality refers to what is right and wrong, what is permissible behavior with regard to basic human values. “Moral theories differ on the scope of morality (does it include all and only human beings, or rational beings, or sentient creatures?), and they differ on the exact hierarchy of values (how does one rank survival, justice, happiness, freedom, and other good qualities?), but in general they have in common a concern to alleviate suffering and promote well being” (Pojman 1989, 2). Most texts dealing with ethics define it as the study of what ought to be, rather than what is. Ethical theorists believe ethics and morality to be synonymous. Ethics and morality are concerned with human values. They seek to understand moral concepts, to justify moral principles and theories. Ethics appeals to one’s sense of justice (Pojman 1990). Ethics is closely related to religion, law, and etiquette. Ethics and ethical behavior have been studied by philosophers and thinkers of all great

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Table 1-1. CELA Award Winners 2007

AD OE

G, Mathias Kondolf (University of California, Berkeley) Daniel Winterbottom (University of Washington)

2006

AD AD AD AD OE AD AD OE OE OE AD AD OE AD AD OE

Pat Taylor, University of Texas at Arlington Leonard Mirin, Cornell University Pat Taylor, University of Texas at Arlington Leonard Mirin, Cornell University Mark Hoversten, University of Nevada at Las Vegas Lolly Tai, Temple University John Billing, Jr., Texas Tech University Lois Brink, University of Colorado at Denver Gary O. Robinette, University of Texas at Arlington Maurice Nelischer, University of Guelph Vern J. Budge, Utah State University Donald L. Collins, Clemson University David G. Pitt, University of Minnesota Joanne M. Westphal, Michigan State University J. Brooks Breeden, Ohio State University Richard Westmacott, University of Georgia

AD AD OE AD AD OE AD AD OE AD AD OE AD OE OE AD AD OE OE AD AD AD OE OE

Celia Paine, University of Guelph Margarita Hill, University of Maryland at College Park Ronald R. Alanen, University of Wisconsin Jon Rodiek, Texas A & M University James Taylor, University of Guelph Neil Porterfield, Pennsylvania State University Mark Battaglia, Pennsylvania State University Reubin Rainey, University of Virginia Sally Schauman, University of Washington Bill Tishler, University of Wisconsin Terry Brown, University of Michigan Catherine Howett, University of Georgia Kenny Helphand, University of Oregon Clare Cooper Marcus, University of California at Berkeley Bruce Ferguson, University of Georgia Robert Brown, University 0f Guelph Robert Perry, California State Polytechnic University, Pomona Ron Stoltz, University of Guelph Rob DeBoer, Rutgers University Jean Stevens Kavanagh, Texas Tech University Kelleann Foster, Pennsylvania State University Boykin Witherspoon, University of Washington Lynn Miller, Pennsylvania State University Randall Hester, University of California at Berkeley

AD AD OE AD AD OE

Neil Korostaff, Pennsylvania State University Brian Orland, University of Illinois Darrel Morrison, University of Georgia Stephanie Rolley, Kansas State University Elissa Rosenberg, University of Virginia Richard Haag, University of Washington

2006

2005

2004 2003

2002

2001

2000

1999

1998

1997

1996

1995

1994

1993

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Table 1-1. (Continued ) 1992

1991

1990

1989

1988

1987

1986

1985

1984

1983

1982

1981

AD AD OE OE AD AD OE OE AD AD OE AD AD OE OE AD AD OE OE AD AD OE OE AD AD OE OE AD AD OE OE AD AD OE OE AD AD OE AD AD OE OE OE AD AD OE OE

Elizabeth Myers, University of Virginia Jean Marie Hartman, Rutgers University Robert Riley, University of Illinois Ian McHarg, University of Pennsylvania Garrett Eckbo, University of California at Berkeley Miroslava Benes, Harvard University Paula Horrigan, Cornell University Gail Elnkky, University of Minnesota Terrence Harkness, University of Illinois Patsy Eubanks Owens, Virginia Polytechnic University Achva Benzinberg Stein, University of Southern California John Lyle, California State Polytechnic University at Pomona Douglas M. Johnston, University of Illinois Lance Neckar, University of Minnesota David Hulse, University of Oregon Michael M. Laurie, University of California at Berkeley Paul Groth, University of California at Berkeley Theodore D, Walker John Simpson, Ohio State University John Brinckerhoff Jackson Patrick Condon, University of Minnesota David M. Vlala, University of Wisconsin at Madison Moura Quale, University of British Columbia Bernard Niemann, Jr., University of Wisconsin at Madison Mark J. Chidister, Iowa State University Daniel W. Krall, Cornell University Richard N. Westmacott, University of Georgia R. Burton Litton,Jr., University of California at Berkeley Ann L. Marston, University of Massachusetts Susan J. Hebel, University of Georgia William L. Ramsey, University of Georgia Carl Steinitz, Harvard University Kerry J. Dawson, University of California at Davis Catherine M. Howett, University of Georgia Eliza Pennypacker, Pennsylvania State University Ian J. W. Firth, University of Georgia Van Cline, University of Minnesota Steven Strom, Rutgers University Julius Guy Fabos, University of Massachusetts Michael R. Hodges, Michigan State University Warren T. Byrd, University of Virginia Roger D. Moore, University of Georgia Donovan C. Wilkins, University of Arizona Roger B. Martin, University of Minnesota Ervin H. Zube, University of Arizona Jorg Bartels, California Polytechnic University at San Luis Obispo Cherie Kluessing, University of Illinois at Urbana (Continued)

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Table 1-1. (Continued ) 1980

1979

1978

1977

AD AD OE OE OE OE OE OE AD AD OE OE AD AD OE OE OE AD AD OE OE

Thomas C. Hazlett, Michigan State University Richard M. Myrick, University of Texas at Arlington Albert J. Rudedge, University of Illinois at Champaign/Urbana Linda Irvine, University of Illinois Thomas A. Paulo, State University of New York at Syracuse John S. Troy, West Virginia University Walter M. Tryon, California Polytechnic University at San Luis Obispo Suzanne L. Turner, Louisiana State University Francis Dean, California State Polytechnic University at Pomona Rodney Tapp, California State Polytechnic University at Pomona Vincent J. Belafiore, University of Georgia Jane Johnson, Rutgers University Harold T. Abbott, Washington State University John J. Milliken, University of Guelph Kenneth J. Polakowski, University of Michigan Wiliam E. Beery, University of Georgia Walter E. Rogers, University of Arizona Darrel G. Morrisin, University of Michigan William H. Snyder, University of Idaho Donald W. Girouard, Pennsylvania State University Robert J. Hill, University of Georgia AD = Annual Award of Distinction OE = Annual Outstanding Educator Award

Source: www.thecela.org

world cultures, including both Western and Eastern philosophies. The roots of Western ethics began after 500 BC. with the Greek philosophers Socrates, Plato, and Aristotle. Since that time, thousands of books have been written about ethics and ethical behavior. Ethical practices cut across all human activities, interpersonal relationships, and business and professional pursuits. According to Barry Wasserman, Patrick Sullivan, and Gregory Palermo, in their influential work Ethics and the Practice of Architecture, “the questions that ethics asks, and that give ethics its particular place in human affairs, are pretty direct, and they have been around for a long time in Western thought: ■ ■ ■

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“How is it that I ought to act, to live my life?” “How should I act with regard to others?” “With respect to myself, then, what is it that constitutes ‘good’ behavior?” “Toward what ‘good’ ends should I commit myself?” “With respect to others, what are my duties toward them, toward participating in and or-

ganizing a ‘just’ of ‘fair’ or ‘caring’ community or society?” (Wasserman, Sullivan, and Palermo 2000, 23) Ethical business decisions can affect thousands, even millions, of people, and sometimes the results of questionable ethical business decisions can cause loss of life. The most notorious ethical business decision of the twentieth century may be the Ford Motor Company’s decision on the Pinto gas tank. As Cullen, Maakestad, and Cavender (1987) indicate in their book Corporate Crime Under Attack, there has been a change in attitude in the United States toward white collar crime from media, academia, and the legal system. The Ford Motor Company Pinto gas tank ethical decision, lawsuit, and trial played a milestone role in bringing white collar crime to the awareness of Americans, highlighting the need for ethical behavior, especially with regard to human life. After all, the real victims of a poor ethical decision are often members of the general public.

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The 1971 Pinto was introduced in Ford showrooms in the fall of 1970 at a cost of $1,919. In the design of the vehicle, Ford executives made a decision not to prevent potential fuel leak problems caused by locating the gas tank six inches from the rear bumper. A means of preventing fiery accidents, a protective bladder placed between the gas tank and the passenger area of the car, would have cost the company millions of dollars. A decision to fireproof the Pinto would have removed public criticism that Ford consciously decided to manufacture cars that it knew might cause hundreds of deaths. Ford determined that it would be cheaper (and more costeffective) to fight and settle lawsuits arising from Pinto crashes than to spend the money to fix the automobile. The now famous Ford statistical analysis indicated that it would take $49.5 million to pay for the loss of life, serious burns, injuries, and loss of vehicles, opposed to $137 million to fix the gas tank problem in the 11 million Pintos and 1.2 million Pinto trucks. Ford used this statistical analysis and other analyses to conclude that it was not costeffective or practical to fix and recall the Pintos with the dangerous gas tank problem, suggesting that the company would willfully sacrifice human life in order to make greater profits. Ford Motor Company was not found guilty of reckless homicide charges. The attention brought to the case, however, from wide media coverage raised the consciousness level of Americans about white collar crime and ethical business behavior (Cullen, Maakestad, and Cavender 1987). The Ford Pinto decision may seem a long way away from decisions made by landscape architects on a regular basis, but the numbers aren’t that far different. A landscape architect that makes decisions about the location of trees in a freeway median based on his or her gut feelings about design esthetics rather than basing decisions on AASHTO recommendations, for example, could be sued for millions of dollars if the location of the trees is deemed to be the reason for loss of life in a car accident. Or, a landscape architect could make a recommendation to use 1-1/2 inches of asphalt over compacted native soil on a 10-mile bike path instead of the usual 2-inch depth of asphalt over 4 inches of aggregate base course, saving $500,000 in the short-term for a municipality and allowing the path to be constructed within budget. The de-

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cision, however, would likely reduce the life span of the path resulting in a high cost to replace the asphalt where replacement may not have been an issue if the usual depth of 2 inches had been used. A substandard asphalt path also may cause path users such as bicyclists to have accidents that might not have occurred if the path had been installed with the proper depth of asphalt and base course. There are many, many other examples that can be thought of where landscape architect’s decisions will affect the general public much like the Pinto case. According to Michael Bayles in his book Professional Ethics, codes of ethical conduct for professionals come into play in five main ways: 1. General obligations and availability of services 2. Obligations between professional and client 3. Obligations to third parties 4. Obligations between professionals and employees 5. Obligations to the profession

General Obligations and Availability of Services Professionals have a general obligation to prevent unauthorized and unqualified practice of their professions. Professionals are self-policing and in most cases are regulated by laws to protect the general public from incompetent performance. The practice of landscape architecture, for instance, is based on the general obligation of protecting the health, safety, and welfare of the general public. Professionals bear an obligation to make their services available to society. Professional landscape architecture services are not as essential to the general public as medicine or law, but professional landscape architecture services should be available on equal terms for those who are able to pay for the services. According to Bayles, people have positive rights to health, education, and legal services, but negative rights to other professional services. Positive rights mean that a service, such as legal service, must be available to people. Negative rights, on the other hand, imply noninterference by society or individuals with one’s right to obtain services from

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professionals willing to provide the services (Bayles 1989). Ethical questions or dilemmas that may be faced by landscape architects in the general milieu of practicing the profession include: ■

■

■

■

Education. Landscape architecture students have an ethical obligation to learn how to practice the profession in order to serve their clients and protect the health, safety, and welfare of the general public, so that they can profess. How much education is needed? Professional Development. After completing the entry-level educational requirements and passing licensure exams, the landscape architect has an ethical obligation to continue with professional development throughout his or her career. Professional development includes: ■ Accumulating experience ■ Acquiring knowledge and continuing education especially regarding laws and codes ■ Working as an environmental steward ■ Advancing the body of knowledge of the profession Business Practice. Landscape architects have ethical obligations related to marketing and selecting the types of projects to work on and clients to work with. Does a landscape architecture firm promote, for instance, that it can maximize the number of residential units on a given site and also preserve the site’s important natural resources? Does a firm elect to work with, or not work with, a client that wants to destroy important natural resources in order to increase the density on a site beyond the carrying capacity of the natural resources? Public Setting. For the landscape architect, the public milieu is the setting for much of the professional’s work. Parks, streets, roads, trails, public open space, and open space in private developments—these are the domain of the landscape architect. Working in the public domain, landscape architects have an ethical obligation to respond to all of the potential users of the public environment and

■

■

not discriminate in any way based on gender, race, sex or ethnicity. “Green” Considerations. As the global community puts more and more emphasis on “green” development of planet earth, landscape architects are ethically obliged to advance planning and design solutions that ■ Conserve and protect natural resources ■ Conserve energy ■ Provide for wise use of water resources especially regarding irrigation ■ Protect cultural resources Public Information. Landscape architects have an ethical obligation to determine who has the right to know about a project, namely projects in the public environment where information is in the public realm. Landscape architects need to determine who ought to be informed about the positive elements as well as negative impacts of any proposed public domain project.

Obligations between Professionals and Clients According to Bayles, the central issue in the professional-client relationship is who makes what decisions. How are the responsibility and authority for making decisions divided between professional and client? The professional-client relationship is based on one of a number of different models: agency, contractual, friendly, paternal, and fiduciary. Under the agency model, the professional is hired by the client to provide services for some interest. The professional, who provides the services to achieve the client’s goal, acts on behalf of the client and at the direction of the client. Under the contractual model, the professional and the client have mutual obligations and rights agreed to in advance, usually in the written terms of a contract. According to the friendly model, professionals and clients have a close relationship of mutual trust and friendship. The paternal model assumes that the professional has knowledge and experience lacked by the client. The professional is hired to further the client’s interests

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and act on behalf of the client’s well-being. In the fiduciary model, the client has more decision-making responsibility, but must rely on the professional to act on their behalf. There must be a trust relationship in all good professional-client relationships. Professionals should be honest and truthful with their clients. They should deliver professional services with competency. The professional should be loyal to the client, except when loyalty may conflict with the professional’s self-interest or the interests of third parties. Clients should also expect discretion and confidentiality from the professionals they hire. Ethical questions or dilemmas that may be faced by landscape architects related to obligations between professionals and clients include:

■

■

■

Contracts. Landscape architects have an ethical obligation to create a fair, reasonable and lawful contractual relationship with the client and, once it is adopted, to honor the terms of the contract. Values. Does the landscape architect concur with the motives, values, and ethics of a client? Is it possible for the landscape architect to morally and ethically support the purpose of a client’s project? Is the landscape architect willing to walk away from a client if the client and/or the project are deemed unethical? Guidance. A dilemma often faced in the landscape architect/client relationship is whether or how much the professional guides or should guide the client as opposed to simply serving the client. When serving a client might result in unethical treatment of an ethnic population, for instance, the landscape architect is normally obligated to guide the client to a solution that is ethnically moral. In another example, if a client’s proposed development will endanger a protected plant species on a project site, the landscape architect would be ethically obligated to guide the client to a plan that eliminates or reduces the danger to the plant species.

■

■

■

■

■

■

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Function and Aesthetics. Landscape architects are ethically obligated to develop plans that are functional and also aesthetic. Problems can arise, for example, if emphasis is placed on aesthetics and, after the project is constructed, elements do not function properly. Safety and Accessibility. Landscape architects are ethically obligated to develop plans that are safe and that are accessible. A good example of this type of ethical issue is a trail plan that will provide access into a highly valuable and protected natural resource. More specifically, the federal government may wish to provide access to a special, but dangerous, natural environment at one of the national parks—a hot spring geyser, for instance. The landscape architect is called on to provide access by trails and overlooks but is ethically obligated to provide the access in a safe manner. Legality. A landscape architect has an ethical obligation to sever relations with a client who acts illegally. The landscape architect also may be ethically obligated to inform law enforcement agents of the illegal activity. All landscape architects are ethically obligated to develop plans that comply with laws, codes, and ordinances. Confidentiality. The landscape architect is ethically obliged to respect and defend a client’s rights for confidentiality particularly in private sector work. A gray area exists when confidentiality crosses over into illegality. Value for Professional Services. A landscape architect has an ethical responsibility to provide professional value for the fees charged for services. Skills. A landscape architect is ethically bound to not inflate his skill level with a client or with a prospective client. There is a fine line here between convincing a client you can do a project though your background has only generally related experience rather than the specific skills necessary to complete the services requested by the prospective client and inflating your skill level in order to

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obtain the project. If you sincerely feel that you will be able to develop the skills necessary, the project would offer a great opportunity for professional development. On the other hand, if there is any question, a landscape architect would be ethically obliged to decline to work on the project. Of course, other options may be possible, such as asking the client if you could bring in another professional who has the needed skills and whom you could work under to complete the project while also developing the skills needed to be able to offer the services with a clean ethical conscience in the future. Honesty in Marketing. A landscape architecture firm has an ethical obligation to market only the services that are represented by the education, experience, skills, and capabilities of its staff. Even for established clients, for instance, a firm should admit when it doesn’t have the in-house capability to address the client’s needs. This doesn’t necessarily preclude marketing services when the services would be provided through a professional relationship between the landscape architecture firm and an associated engineering firm, for example. When crossmarketing professional services, however, the landscape architect is obligated to fairly and honestly represent how the services will be delivered and by whom. This area of ethical responsibilities also will be covered by state technical registration laws, which cover the practice of various disciplines. It would be illegal, for example, for a civil engineer to represent that he or she could practice elements of landscape architecture unless the civil engineer was also registered as a landscape architect.

Obligations to Third Parties In addition to responsibilities to the client, professionals have a responsibility to third parties and for the effects of professional services on third parties. Third-party obligations are particularly relevant to the profession of landscape architecture. A large number of landscape architecture projects

have users who are not directly the professional’s client (i.e., they are the third party). A park design contract with a city parks department gives a landscape architect a huge third-party exposure and requires that the third party, park users in this case, be considered in the park design process. This clientthird party-professional relationship is quite common in landscape architecture and can result in a wide range of ethical issues that must be faced by a landscape architect. In park design, for example, the landscape architect has an ethical duty to see that the equipment specified is durable, safe, and properly installed. Park development budgets need to be carefully evaluated so that compromises in safety, quality, and durability are not made if budgets are inadequate. In the worst-case scenario, lack of third-party consideration by the landscape architect may result in a third-party lawsuit being brought against a landscape architect for negligence or a professional error. The ethical questions or dilemmas that may arise for landscape architects around third party issues include: ■

■

■

Public Involvement. A landscape architect is charged with knowing who has the right to know about a public project, such as a road right-of-way landscaping project, and what public information should be made available to the public. Professional Liability Insurance. A landscape architect is ethically obliged to insure his or her work against errors and omissions. The insurance may take many forms, including correcting his or her errors at no cost to the client, carrying professional liability insurance, or providing some form of selfinsurance. Installation and Construction. Landscape architects are ethically obligated to see that their plans and specifications provide the correct methods for installation of materials and equipment so that construction can be properly executed. This obligation does not mean that the landscape architect has legal responsibility for the installation nor does it mean that the contractor or builder that carries out the actual installation or construction is in any way relieved of legal responsibility.

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Obligations between Professionals and Employers Employees have certain obligations to their employers. Employees should have the competency level that they convey they have. The employee should warrant that he or she has the skills needed to provide the professional services requested by the employer. Employees should be honest with their employers. They should be discreet and keep employer information confidential. They should be loyal to their employers and obedient as long as the employer’s needs are limited to legally and ethically permissible behavior. Employers, on the other hand, have similar responsibilities to their employees. They too should be honest and discreet. They should not ask their employees to act unlawfully or unethically. Employers should be fair to their employees and support continuing professional development and education for their employees. Some of the ethical considerations that may arise for landscape architects and their employers include: ■

■

■

Skills. An employee, such as a recent graduate of a landscape architecture program, is ethically charged to actually be able to carry out professional services and use skills that he or she offers to an employer during an interview. Ethically a job applicant should tell a prospective employer if he or she doesn’t have the skills required by the employer or if the skills are less than what may be expected. Honesty. Both landscape architecture employees and employers are ethically and morally obligated to be honest with each other. Rigorous honesty is the best rule of thumb. Moral Views. An employer may have to respect the moral views of an employee. All sorts of moral issues requiring ethical responses may come up between employees and employers. Do employees, for example, have rights to choose which projects or services they wish to perform? Here are a few examples:

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A Native American employee may refuse to work on a new Alaskan seashore park because the park development might impact tribal mores about fishing. ■ A Jewish employee may refuse to work on a project financed by Middle East oil money. ■ The partners of a landscape architecture firm may decide not to work for a developer who is planning a project that could result in harm to an underground aquifer. The firm’s employees are upset because they’d like to have the opportunity of guiding the client to an environmentally sensitive plan. Safety. Employers are ethically bound to provide a safe and healthy work environment for their employees. ■

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Obligations to the Profession Most professional codes of ethics include and recognize responsibility for the public good and for conserving the environment. According to Michael Bayles (1989), there are three main facets to professional responsibility for the public good: 1. Activities of social leadership such as public service 2. Improvement of the profession and professional knowledge through research and reform 3. Preservation and enhancement of the role of the professionals Professionals should have respect for their profession. They should hold their colleagues in high esteem. The landscape architect who respects his or her profession will make positive professional contributions. Some of the ethical considerations that may arise for landscape architects related to professional issues include: ■

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Competition. A landscape architecture firm ought to avoid “bad mouthing” its competitors. Education. Teachers have ethical responsibilities to keep abreast of the evolution of the profession of landscape architecture and to

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teach the required knowledge and skills for students of landscape architecture to effectively enter the workforce. Teachers also have a responsibility for teaching at least minimal competency for entry-level landscape architects. Research. Landscape architects who develop new processes, methods, techniques, or products that can advance the profession may be ethically obligated to make the advancements available to the broader profession. Professional Relevancy. Landscape architects are ethically obligated to maintain and advance the relevancy of the profession. Professional Societies. Landscape architects have an ethical obligation to band together to promote and advance the profession and to provide a milieu for professional exchange. Internships. Members of a profession have obligations to provide for internships, apprenticeships, and supervised entry-level experience in order to ensure that young professionals develop and master required professional skills. Judgment. Members of the landscape architecture profession have an ethical responsibility to ensure that practitioners develop the unique skills of professional judgment typically required for the profession of landscape architecture.

ethical standards contain objective rules. While violation of a rule might subject an ASLA member to a complaint, violation of an ethical standard won’t result in a complaint. The word “should” is used in the ethical standards and “shall” is used in the rules to denote the difference. In the year 2000, the American Society of Landscape Architects adopted an environmental code of ethics that grew out of a canon previously included as a part of the professional code of ethics. The environmental code emphasizes that landscape architects should strive to enhance, respect, and restore the life-sustaining integrity of the landscape for all living things. The preamble to the environmental code of ethics urges landscape architects to work with clients and agencies of all levels of government, from local to global, to seek “environmentally positive, financially sound, and sustainable solutions to land use, development, and management opportunities.” The preamble also includes three tenets that foundation of the ASLA Code of Environmental Ethics: ■

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Landscape Architecture Codes of Professional and Environmental Ethics ASLA maintains an ethics committee that develops a landscape architecture code of ethics. The most recent edition of the ASLA Code of Professional Ethics specifies more clearly the prohibited behavior of ASLA members. The ASLA Code of Professional Conduct includes two main canons: professional responsibility and member responsibilities. Each canon features ethical standards, which are goals that landscape architects should strive to meet. Some of the

“The health and well being of the biological systems and their integrity are essential to sustain human well-being. Future generations have a right to the same environmental assets and ecological aesthetics. Long-term economic survival has a dependence upon the natural environment.”

The preamble of the ASLA Code of Environmental Ethics concludes with the following statement which is a sort of bottom line for the code: “Environmental stewardship is essential to maintain a healthy environment and quality of life for the earth.” Ethical professional conduct is so important to the vitality of the profession that ASLA has given the author permission to reprint the entire ASLA Code of Professional Conduct and the Code of Environmental Ethics (ASLA 2006, 2009).

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ASLA CODE OF PROFESSIONAL ETHICS Canon I: Professional Responsibility ES1.1

R1.101 R1.102

R1.103

R1.104

R1.105

R1.106

R1.107 R1.108

Members should understand and honestly obey laws governing their professional practice and business affairs and conduct their professional duties within the art and science of landscape architecture and their professional Society with honesty, dignity, and integrity. Members shall deal with other Members, clients, employers, employees, and the public with honesty, dignity, and integrity in all actions and communications of any kind. Members shall not violate the law in the conduct of their professional practice, including any federal, state, or local laws and particularly laws and regulations in the areas of antitrust, employment, environmental and land-use planning, and those governing professional practice. Members shall not give, lend, or promise anything of value to any public official or representative of a prospective client in order to influence the judgment or actions in the letting of a contract of that official or representative of a prospective client. Commentary: However, the provision of pro bono services will not violate this Rule. Members on full-time government employment shall not accept private practice work with anyone doing business with their agency or with whom the Member has any government contact on matters involving applications for grants, contracts, or planning and zoning actions. In the case of private practitioners elected or appointed to government positions or others doing business or having alliances with those doing business with their board, council, or agency, they must disqualify and absent themselves during any discussion of these matters. Members shall recognize the contributions of others engaged in the planning, design, and construction of the physical environment and shall give them appropriate recognition and due credit for professional work and shall not maliciously injure or attempt to injure the reputation, prospects, practice, or employment position of those persons so engaged. Credit shall be given to the design firm of record for the use of all project documents, plans, photographs, sketches, reports, or other work products developed while under the management of the design firm of record. Use of others’ work for any purpose shall accurately specify the role of the individual in the execution of the design firm of record’s work. Commentary: Members representing views opposed to another Member’s views shall keep the discussion on an issue-oriented, professional level. Members shall not mislead through advertising or other means existing or prospective clients about the result that can be achieved through use of the Member’s services or state that they can achieve results by means that violate the Code or the law. Commentary: So long as they are not misleading, advertisements in any medium are permitted by the Code. Members shall not accept compensation for their services on a project from more than one party unless all parties agree to the circumstances in writing. Members shall not misrepresent or knowingly permit the misrepresentation of their professional qualifications, capabilities, and experience to clients, employers, or the public or be a party to any exaggerated, misleading, deceptive, or false statements or claims by the firms, agencies, or organizations that employ them. Commentary: Members shall not take credit for work performed under the direction of a former employer beyond the limits of their personal involvement and shall give credit to the performing firm. Employers should give departing employees access to work that they performed, reproduced at cost, and a description of the employee’s involvement in the work should be noted on each product and acknowledged by the employer.

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R1.109

R1.110 R1.111

R1.112

ES1.2

R1.201

R1.202

R1.203 R1.204

ES1.3

R1.301

R1.302

R1.303

R1.304

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Members shall not reveal information obtained in the course of their professional activities that they have been asked to maintain in confidence or that could affect the interests of another adversely. Unique exceptions: to stop an act that creates harm; a significant risk to the public health, safety, and welfare that cannot otherwise be prevented; to establish claims or defense on behalf of Members; or in order to comply with applicable law, regulations, or with the Code. Members shall not copy or reproduce the copyrighted works of others without prior written approval by the author of the copyrighted work. Members shall not seek to void awarded contracts for a specific scope of service held by another Member. Commentary: This shall not prohibit competition for the original or subsequent contracts or prohibit a client from employing several Members to provide the same scope of service. Members shall not seek to obtain contracts, awards, or other financial gain relating to projects or programs for which they may be serving in an advisory or critical capacity. Commentary: This does not prevent a Member from seeking an award or contract for a project over which the Member has no influence or role in its selection, approval, or supervision or any other role that could constitute a conflict of interest. Members should seek to make full disclosure of relevant information to the clients, public, and other interested parties who rely on their advice and professional work product. Members making public statements on landscape architectural issues shall disclose compensation other than fee and their role and any economic interest in a project. Members shall make full disclosure during the solicitation and conduct of a project of the roles and professional status of all project team members and consultants, including professional degrees, state licenses, professional liability insurance coverage, and any other potential material limits to qualifications. Members shall make full disclosure to the client or employer of any financial or other interest that bears on the service or project. Members shall convey to their clients their capacity to produce the work, their availability during normal working hours, and their ability to provide other construction or supervisory services. Members should endeavor to protect the interests of their clients and the public through competent performance of their work and participate in continuing education, educational research, and development and dissemination of technical information relating to planning, design, construction, and management of the physical environment. Members shall undertake to perform professional services only when education, training, or experience in the specific technical areas involved qualifies them, together with those persons whom they may engage as consultants. Members shall not sign or seal drawings, specifications, reports, or other professional work for which they do not have direct professional knowledge or direct supervisory control. Members shall continually seek to raise the standards of aesthetic, ecological, and cultural excellence through compliance with applicable state requirements for continuing professional education. Public discussion of controversial projects and issues shall be conducted on a professional level and shall be based on issue-oriented, factual analysis.

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Canon II: Member Responsibilities ES2.1 Members should understand and endeavor to uphold the Ethical Standards of the ASLA Code of Environmental Ethics. ES2.2 Members should work to ensure that they, their employees or subordinates, and other Members adhere to the Code of Professional Ethics and the Constitution and Bylaws of the American Society of Landscape Architects. R2.201 Members having information that leads to a reasonable belief that another Member has committed a violation of the Code shall report such information. Commentary: Often a landscape architect can recognize that the behavior of another poses a serious question as to the other’s professional integrity. It is the duty of the professional to bring the matter to the attention of the ASLA Ethics Committee; which action, if done in good faith, is in some jurisdictions protected from libel or slander action. If in doubt, the Member reporting under this Rule should seek counsel prior to making such a report. R2.202 The seal or logo of the American Society of Landscape Architects shall be used only as specified in the ASLA Bylaws. R2.203 Members shall adhere to the specific, applicable terms of the ASLA Bylaws regarding use of references to ASLA membership. Members are encouraged to use the appropriate ASLA designation after their names. ES2.3 Members are encouraged to serve on elected or appointed boards, committees, or commissions dealing with the arts and environmental and land-use issues. R2.301 Members who are elected or appointed to review boards, committees, and commissions shall seek to avoid conflicts of interest and the appearance of conflicts of interest and shall comply with local rules and policies with regard to conflict of interest. Members serving on such boards, committees, and commissions shall disqualify themselves in accordance with rules of ethics and this Code and shall not be present when discussion is held relative to an action in which they have an interest. A Member shall make full disclosure and request disqualification on any issue that could involve a potential conflict of interest. Adopted: April 2, 1995 Amended: October 1, 1998; April 17, 1999; September 10, 1999; April 21, 2001; November 2, 2001; May 6, 2006; April 27, 2007.

ASLA CODE OF ENVIRONMENTAL ETHICS

Ethical Standards As landscape architects and Members of ASLA, we have an ethical obligation to: ES1 ES1.1 ES1.2 ES1.3

Support and facilitate the environmental public policy statements of the Society, a synopsis of which follows: The coastal zone and its resources should be preserved, developed, and used in a carefully planned, regulated, and responsibly managed manner. Parks and public areas throughout the world should be created, expanded, and managed for the well-being of the populations and resources of this planet. Public lands should be maintained and administered in a manner promoting ecosystem health, while recognizing special issues relating to stewardship and long-term sustainability inherent in wildland environments.

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ES1.4

ES1.5 ES1.6

ES1.7

ES1.8

ES1.9

ES1.10

ES1.11

ES1.12

ES1.13

ES1.14 ES1.15

ES2 ES2.1

ES3

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State, regional, and local governments should continue to build on the strong nationwide legacy of parks and other protected public areas to preserve lands of significance for future generations and provide safe and healthful outdoor recreational opportunities for all citizens, while conserving landscape character and natural, historic, and cultural resources. Open space preservation should be incorporated into every planning effort, from the regional to the site level. The rural landscape is a limited resource that is vital to the well-being of the earth’s life forms; the rural landscape’s essential qualities should be conserved as the competing needs of a growing population are met. Historic sites, districts, and cultural landscapes should be identified, inventoried, evaluated, classified, protected, and enhanced to ensure that they are available for the education and enjoyment of this and future generations. The appropriate use of vegetation in the built environment is a major influence on the quality of life in a healthy environment; re-created indigenous plant communities or representative communities should be integrated into the built environment with attention given to appropriate species selection and the creation of a suitable growing environment. The character and condition of the visual environments is as important as that of natural, historic, and cultural resources and should be maintained and enhanced and safeguarded from actions that degrade or destroy critical scenic resources. Water resources should be equitably allocated, available water supplies should be efficiently used, all forms of water pollution should be eliminated, and land use should conserve and protect water resources and related ecosystems to sustain a high-quality standard of living and the maintenance of the quality of ecosystems. Wetlands are essential to the quality of life and the well-being of the earth’s ecosystems; wetland resources should be protected, conserved, and enhanced and site-specific development and management efforts should allow for compatible land use, while preserving the ongoing functions of wetland resources. The natural and cultural elements of waterways and their corridors should be protected through the systems of national, state, and local designation of rivers and greenways to ensure their integrity and use by this and future generations. The principles of land-use planning and design and the principles of wildlife habitat protection should be integrated to promote the enhancement, protection, and management of landscapes that promote wildlife. Transgenic plants should not be used until the best available science indicates there will be no adverse environmental effects caused by their use. Non-native invasive species adversely impact the ecological function of natural systems worldwide. Non-native invasive species should not be introduced where those species could contribute to the degradation of the environment and long-term maintenance and management programs should be established to control or remove non-native invasive species from land and water. Act responsibly in the design, planning, management, and policy decisions affecting the health of the natural systems. In developing design, planning, management, and policy, identify and invoke stakeholders—both communities and individuals—in helping to make decisions that affect their lives and future; ensure that they have appropriate access to relevant information, presented in an understandable form, and create opportunities for them to contribute to solutions. Respect historic preservation and ecological management in the design process.

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ES3.1

ES4 ES5 ES6

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Strive to maintain, conserve, or re-establish the integrity and diversity of biological systems and their functions. Restore degraded ecosystems. Use indigenous and compatible materials and plants in the creation of habitat for indigenous species of animals. Develop and specify products, materials, technologies, and techniques that conserve resources and foster landscape regeneration. Seek constant improvement in our knowledge, abilities, and skills; in our educational institutions; and in our professional practice and organizations. Actively engage in shaping decisions, attitudes, and values that support public health and welfare, environmental respect, and landscape regeneration.

Adopted: October 27, 2000 Amended: April 16, 2003; May 6, 2006. (Source: ASLA 2006)

The Influence of Technology on the Landscape Architecture Profession Technology in the Landscape Architecture Office One of the greatest impacts technology has had on the practice of landscape architecture is an increase in efficiency. It is now possible for an office of five people to do what it took an office of ten people to do 15 years ago. By using computer software and high-speed processors, landscape architects have become extremely more efficient. The completion of repetitive tasks in the production of plans and specifications is hugely more effective. Digital storage of standard construction details allows ready access for downloading onto computer-generated plans. Computer software allows landscape architects to make changes on plans and drawings very easily and, in fact, has dramatically affected the workflow in offices. Working with architects and engineers on a project has evolved into a digital give-and-take process that is not only efficient but also instantaneous. The civil engineer, for example, emails a grading plan to the landscape architect, who makes changes to soften the impact of the grading and include water harvesting. The landscape architect emails the plan back to the engineer, who incorporates the changes into his or her plans. All of this

can take place in a matter of hours, and the plans can also be shared electronically with the other consultants and with the owner. This digital give-andtake process helps in meeting due dates, too. Plan production today is so quick because of software applications and digital communication that project time frames have been considerably condensed, allowing fast-track production of plans and getting a project under construction at a fraction of the time that was possible before the onslaught of technology in the professional practice workplace. Digital transfer of information over the Internet not only allows instantaneous collaboration during the design of a project and production of plans or reports, it also allows more effective and efficient transmittal of the finished product such as a set of construction documents. Many municipalities now allow digital submittal of plans for permitting. Clients have also gotten dialed into the digital design office. They routinely request the design of a project and the production of construction bid documents on a schedule that is typically fast and efficient. Clients have become accustomed to requesting that design projects be completed by landscape architects on a fast-track schedule. Access to information on the Internet is another way that technology has reinvented the landscape architecture office since the advent of broadband and high-speed Internet access, around the year 2000. Almost all of the research for product information is now carried out using Internet access to the Web sites of manufacturing companies

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and distributors. Gone is the need for extensive hard-copy product literature files, although some key product information files may still be found in a typical landscape architecture office. Not only does the Internet provide access to product information, it also allows immediate downloading of CAD files, specifications and other information such as cut sheets to use with clients. Overnight delivery service is another technological advancement that has increased the workflow in a professional office. If a landscape architect finds a steel bench that he or she wants to specify on a project, for instance, the landscape architect can request overnight delivery of a material and color sample to share with the client, all without ever leaving his or her office. Access to landscape nurseries, including downloadable photographs of plants and other botanical information, is available on demand. Immediate information about availability and sizes of plant materials is another way that Internet access has made the life of the landscape architect much easier.

Typical Landscape Architecture Office Hardware Computers. Year after year computers have gotten faster and more useful for the kinds of data manipulation and data transmission that landscape architects are accustomed to dealing with. Today’s office is normally set up with a number of work stations hardwired to a server or set up as a wireless system. Typically hardwired server connections are faster and more reliable. The server allows for centralized storage of office data and significant hard-drive memory. It also facilitates the back-up processes. Usually software is located on each workstation. One of the most important considerations when creating a small office computer system with workstations, a server, storage, and back-up devices is to develop a relationship with a computer installation, service, and maintenance company. Every landscape architecture office needs to have its computer geek. Things go wrong, and if the hardware system is down, the office must have an established relationship with a computer service company to

get things right as soon as possible. In today’s office, if the computers go down, the company is dead in the water and not generating income until the system is up and running again. Larger firms have in-house computer service staff who can fix things when they go wrong. The smaller firm must have an established relationship with a computer consultant. Today the computer service and maintenance firms will “remote” into the server or each individual workstation to fix problems and rarely does a technician have to be present to get the hardware functioning correctly after a problem occurs. Remember, a computer guru is a must. There are many manufacturers of computer systems and also companies that hand-build computer systems. The most commonly used hardware, servers, and workstations, are manufactured by Dell, HP, Apple, IBM, and Gateway. Laptop computers have also become a necessary hardware component of today’s landscape architecture office. They afford the flexibility of working in the office, often using a docking station connected to the company server, or at home or on the road. The growth in popularity of laptop computers, because of their flexibility, largely coincided with the spike in wireless technology that began about the year 2000. With continued development of WiFi technology and coverage, as well as mobile telecommunications technology, laptops are bound to continue as a fixture for landscape architecture practitioners on the go. Plotters. The process of printing and duplication in the twenty-first century landscape architecture office is handled entirely digitally. Typically, plotters and printers are connected with the server to handle any type of graphic reproduction from vector graphics to raster or bitmaps, which is the most common type of graphics images found on the Internet. Bitmaps are made up of pixels and used, obviously, for photographs. Commonly, bitmaps are .jpg, .gif, or .tff files. Vector graphics consist of points, lines, and curves, which are combined together to form complex objects that can be filled with solid colors, for example, or hatch patterns. Vector graphics are mathematical creations. The programs that are used to create vector graphics, such as most drafting software, save the image the way it should be drawn, not how it looks. PDF

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files are also one of the most commonly used vector graphic files. This allows vector graphics to be plotted at any size without losing quality. Vector graphics can also be manipulated without losing integrity (Fulgham 2004). While laser printers are used for much of the small-scale standard 81/2 by 11 size printing in the landscape architecture office, whether black & white or color, the plotters used in landscape architecture offices for large-format plotting are mostly the inkjet type of printer. Today’s plotters are designed with software interfaces to handle any and usually all of the various vector, raster, bitmap, and other computer graphic formats. Plotters are also designed to handle the scanning needs of the landscape architecture office. Some scanners include software programs that allow landscape architects to manipulate or change the document, such as reducing the contrast or adjusting the color. There are many manufacturers of large-format plotters and scanners that are typically found in today’s landscape architecture offices. Some of the most common manufacturers include HewlettPackard (HP), Oce´ , Cannon, Xerox, Kip America, and Kodak (FLAAR 2002). Digital Cameras and Projectors. No landscape architecture office can get along without a way to take digital photographs or digital videos for site analysis, recording construction activities, documenting built projects, and, of course, remembering the company picnic. A digital camera for office use is a hardware must. Whether a Cannon, a Nikon, a Panasonic, Casio, Olympus, Sony, Pentax, Samsung, or any other of a number of other manufacturers, a digital camera is an important item of office equipment. Typically, the best advice on choosing a digital camera that will be used by a number of different people is to keep it simple, easy to use, and durable. When I wrote the first edition of this book in the mid-1990s, old-fashioned 35mm slide projectors were still being used. Today, they are antiques, and every landscape architecture office now uses a digital projector. Dell, NEC, Epson, Toshiba, Sanyo, and Cannon are some of the common brands of compact digital projectors useful in landscape architecture offices.

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Typical Landscape Architecture Office Software Among landscape architecture offices, there are some similar software needs and a number of companies that produce software products that have become industry standards. For the most part, every landscape architecture office needs software for general operations, for graphics and report production, for computer-aided design and drafting, and for design visualization. General Operations. For day-to-day operations, Microsoft’s Office products have evolved as the usual software of choice, especially for PC users. While Microsoft packages its Office software in a number of different ways, the most ubiquitously used software includes Word, Excel, PowerPoint, Publisher, and Outlook. Offices that use Apple’s computers will have the Microsoft office products to choose from as well as Apple’s proprietary general office software products such as iWork. Landscape architecture offices need financial and accounting software for billing, for payroll, and for managing accounts payable and accounts receivable. These small business accounting software systems also let you produce financial statements and balance sheets in-house. There are many small business financial software options. Some of the more frequently used financial software packages include Sage Software’s Peachtree, MYOB’s Business Essentials, Intuit’s Quickbooks, and Microsoft’s Office Accounting Professional. Internet security is another element of general office software needed in a landscape architecture office. Almost everyone is familiar with Norton, McAfee, AVG, Panda, and other security software. Antivirus, anti-spyware, and firewall protection are a necessity in today’s landscape architecture office. Graphic Production. Every landscape architecture office today needs the capability to produce a wide range of graphic products such as: ■

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Cut sheets that describe and illustrate its completed projects Statements of qualifications to respond to requests for qualifications Proposals

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■ ■ ■ ■ ■ ■ ■

Reports and planning documents Publications Flyers and in-house notices Web page graphics Presentation layouts and presentation boards Competition entries Annual calendars

There are a number of software packages that are commonly used in landscape architecture offices for graphic production. Some of the more popular include many products from Adobe, the industry-leading manufacturer that publishes Illustrator, InDesign, Photoshop, and Acrobat for creating PDF files. Other manufacturers and graphic software used in the landscape architecture office include Corel products, QuarkXPress, and Microsoft Publisher. A landscape architecture office also may want to develop a Web site, not only for the office itself, but also to use in project planning and design work. Web sites are commonly used, for example, in planning projects such as a transit corridor in order to keep the general public informed, to post updated plans, and to use the Web site as a vehicle for getting feedback. The landscape architecture office can use a web consultant to develop the Web sites, and this approach is frequently used. For less complicated Web site production, landscape architects could use the what-you-see-is-what-you-get web design software, such as Adobe’s Dreamweaver, Microsoft’s Expression Web, Apple’s iWeb, and CoffeeCup’s web design products. Another important type of software for adding animation and other effects on a Web site is Adobe’s Flash software. Computer-Aided Drafting (CAD). No other software has revolutionized landscape architecture offices more than the computer-aided design software products that are now the cornerstone of every landscape architecture design office. In the mid1990s, Autodesk, Inc. began establishing its AutoCAD products across architecture and engineering fields. Landscape architects had to keep up and integrate AutoCAD in their daily practice because a large percentage of the profession’s work is coordinated directly with architecture and civil engineering. Today, AutoCAD and a number of other Autodesk products, such as Civil 3D, have become the most widely used computer-aided drafting and

design software in the world. Nine million professionals in 185 countries are using Autodesk’s products, and AutoCAD, by design, only works on Windows platforms. A student graduating from a landscape architecture program in the twenty-first century at a bare minimum needs basic proficiency in using AutoCAD software if he or she wants to work in design-oriented office. There are other CAD software publishers, and out of necessity they have typically had to offer some sort of interfacing with AutoCAD. IMSI/Design’s TurboCAD, ARCH Technology’s CAD, and Abis Software products, which are popular in Europe, are examples of other CAD software products. Nemetschek is a software manufacturing company that has developed landscape-architecture-friendly products for many years under the name of Vectorworks. Their latest is Vectorworks Landmark, which is a leading seller used by landscape architects for cross-platform design. MicroStation is another software product that many landscape architecture firms need familiarity with because it is the software of choice for designers of infrastructure and many state departments of transportation. MicroStation can be somewhat more challenging to use and master than AutoCAD, not that AutoCAD is a walk in the park. Landscape architects have adapted MicroStation drafting protocols, however, to be able to design landscape and irrigation solutions for highways across the country. A geographic information system (GIS) is the other category of planning software that is used in many landscape architecture offices, especially those specializing in large-scale urban analysis and planning. A geographic information system integrates hardware, software, and data for capturing, managing, analyzing, and displaying geographically referenced information. GIS software allows landscape architects to view, query, interpret, and visualize data in many ways that reveal relationships and patterns. It is ideal for regional landscape analysis, for example. The data can be presented in maps or other formats such as reports and charts. Data views, map views, and model views are the three are parts of an intelligent geographic information system. They are used at varying levels in all GIS applications. ESRI’s ArcGIS is probably the gold standard; it is used by the greatest number of firms, and ESRI has descriptions of the ArcGIS

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Drawing courtesy of Olsson Associates.

c01

Figure 1-18. A planting plan that was drafted using AutoCAD software, for a splash-pad addition in Catalina Park, an existing park with a wading pool, City of Tucson Parks and Recreation Department, Tucson, Arizona.


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Figure 1-19. Birdseye view created with SketchUp software for a splash-pad addition in Catalina Park, an existing park with a wading pool, City of Tucson Parks and Recreation Department, Tucson, Arizona. Drawing courtesy of Olsson Associates.

concepts of a geodatabase and imagery on its Web site, www.esri.com. Opportunities for GIS project applications will continue to grow for landscape architects as the twenty-first century moves along (www.GIS.com). 3-D Graphics. The ability to visualize what a landscape architect designs has always been a hallmark of practicing professionals. Perhaps not quite as significant as 3-D visualization is for building architects, it is still important for landscape architects to convey to their clients and to the general public what their recommendations look like. Today, the capability to design and visualize a project in 3-D is aided significantly by visualization software. A number of software publishers have developed 3-D graphics extensions of their software products. Most notably Autodesk has 3ds Max, Civil 3D, and Maya graphic visualization software. Vectorworks’ Landmark has an easy-to-use 3-D component. It is also Google-friendly so that plans

and sketches are fairly easily imported into Google imagery. Without question, the emerging leader in 3-D graphic software is Google with its SketchUp software. SketchUp provides the ability to for landscape architects to equalize the graphic playing field. Now, in addition to those staff that have developed good hand-drawing perspective techniques (a dying art in the profession) anybody can learn how to use SketchUp software to create 3-D images of their ideas, plans, and visions. The marrying of SketchUp models with Google Earth imagery has tremendous potential for studying land planning and design solutions in three dimensions in an urban landscape context before they are built. One of the multidimensional aspects of SketchUp software is the ability to produce the output in different formats such as a rendered, pictorial or photographic look. The software also has the immeasurable value of allowing any type of

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Catalina Park Spray Pad

View on path from NE

View on path from NW

View on path from SE

View on path from SW

Figure 1-20. Eye-level views from four directions created with SketchUp software for a splash-pad addition in Catalina Park, an existing park with a wading pool, City of Tucson Parks and Recreation Department, Tucson, Arizona. Drawing courtesy of Olsson Associates.

Figure 1-21. View of the splash-pad addition in Catalina Park, an existing park with a wading pool, City of Tucson Parks and Recreation Department, Tucson, Arizona, created by superimposing the SketchUp model on an aerial photograph of the neighborhood context downloaded from Bing Maps. Drawing courtesy of Olsson Associates.

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view, such as eye-level, overhead, or straight-on, once the 3-D model is constructed. The model also can be inserted in an aerial view of the context. SketchUp will continue to provide landscape architects with powerful visioning opportunities as time goes on.

REFERENCES American Society of Landscape Architects. 1992. Profiles in Landscape Architecture. Washington, DC: American Society of Landscape Architects. . 1993, 1995. Members Handbook. Washington, DC: American Society of Landscape Architects. . 2006. ASLA Code of Environmental Ethics. Washington, DC: American Society of Landscape Architects. Available at www.asla.org/Content Detail.aspx?id=4308&RMenuId=8&PageTitle =Leadership (accessed May 2010). . 2007. “Colorado Licensure Law Creates Strict Professional Standards for Landscape Architects.” Press release, June 12, 2007. Available at www.asla.org/NewsListingDetails.aspx?id= 1822&terms=licensure (accessed May 2010). . 2009. ASLA Code of Professional Ethics. Washington, DC: American Society of Landscape Architects. Available at www.asla.org/ContentDetail .aspx?id=4276&RMenuId=8&PageTitle= Leadership (accessed May 2010). Bayles, Michael D. 1989. Professional Ethics (2d ed.). Belmont, CA: Wadsworth Publishing Company. Council of Educators in Landscape Architecture (CELA). 2004. The CELA Constitution. Available at www.thecela.org/pdfs/the-cela-constitution. pdf (accessed June 2010). Council of Landscape Architectural Registration Boards (CLARB). 1994. Understanding the L.A.R.E. Vol. 3. Fairfax, VA: CLARB. Cullen, Francis T., William J. Maakestad, and Gray Cavender. 1987. CorporateCrimeUnderAttack:TheFord Pinto Case and Beyond. Cincinnati, OH: Anderson Publishing Co. Eckbo, Garrett. 1956. The Art of Home Landscaping New York: McGraw-Hill. Ervin, Stephen M. 1996. “It’s a Wide Web World.” Landscape Architecture 96 (April): 44–49. Fabos, Julius G., Gordon Milde, and V. Michael Weinmeyer. 1968. Frederick Law Olmsted, Sr.: Founder

of Landscape Architecture in America. Amherst: University of Massachusetts Press. FLAAR Reports. 2002. “Which plotter for CAD, line drawings or graphic design? Oce, Encad, Hewlett-Packard, DesignJet?” Available at www. wide-format-printers.org/EncadplotterCadJet 2E CadJet2 3DEncadCAD/plottersjetprinters. htm (accessed April 9, 2010). Fulgham, Liz. 2004. Vector vs. Bitmap Graphics—an Introductory Guide for Clients and Designers. A copy of this article is available at www.pear-logo-design.com/ article 69.htm (accessed May 2010). Halprin, Lawrence. 1963, 1972. Cities. (rev. ed.). Cambridge, MA: MIT Press. . 1969. The RSVP Cycles: Creative Process in the Human Environment. New York: George Brazilier. Laurie, Michael. 1975. An Introduction to Landscape Architecture. New York: American Elsevier Publishing Company. Newton, Norman T. 1971. Design on the Land: The Development of Landscape Architecture. Cambridge, MA: Belknap Press/Harvard University Press. Platt, Charles A. [ 1894] 1993. Italian Gardens. Portland, OR: Sagapress/Timber Press. A facsimile of the first edition (New York: Harper), with additional material by Keith A. Morgan. Pojman, Louis P. 1990. Ethics: Discovering Right and Wrong. Belmont, CA: Wadsworth Publishing Company. . 1989. Ethical Theory: Classical and Contemporary Readings. Belmont, CA: Wadsworth Publishing Company. State of Arizona. 1991. Code and Rules of the State Board of Technical Registration for Architects, Assayers, Engineers, Geologists, Landscape Architects, and Land Surveyors. Phoenix, AZ: State Board of Technical Registration. Wasserman, Barry, Patrick Sullivan, and Gregory Palermo. 2000. Ethics and the Practice of Architecture. New York: John Wiley & Sons, Inc.

STUDY QUESTIONS AND ASSIGNMENTS 1. You read the definition of landscape architecture in this chapter as approved and adopted by the board of trustees of the American Society of Landscape Architects. Write your own definition of landscape architecture based on what you’ve read, your educational background, and

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your own philosophy of what you think the profession is about or what you’d like it to be. If you are in an allied profession or related discipline, write a definition of your own profession or discipline. 2. Write an in-depth, well-researched paper about one of the landscape architecture eras discussed in this chapter: ■ The early park planning era ■ Estate planning ■ City planning ■ The urban growth era ■ California and growth in the West ■ The environmental era Create a PowerPoint presentation illustrating your paper. 3. Chapter 1 discusses six career tracks: ■ Private practice—design ■ Private practice—design-build ■ Public practice ■ Academic practice ■ Corporate practice ■ Specialty practice Locate and interview a landscape architect in each career track. Develop a specific set of questions to ask each landscape architect. Document your interviews and summarize your findings. 4. Chapter 1 describes four types of landscape architecture firms: ■ Small firm, landscape architecture-oriented ■ Large firm, landscape architecture-oriented ■ Multidisciplinary A/E firm that includes landscape architects ■ Multidisciplinary environmental firm that includes landscape architects Locate and interview a landscape architect in each type of firm. Develop a specific set of questions to ask each landscape architect. Shadow the landscape architect for a day. Document your interviews and summarize your findings. 5. Research as many corporate-practice opportunities as possible by using the Internet, writing or phoning corporate employers to see if they hire landscape architects and in what capacity. Document your findings.

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6. Develop a comparison between the following two career tracks: ■ Private practice—design ■ Private practice—design-build Identify the similarities and the differences. Research salary ranges at entry level and after various higher levels of experience. Identify the daily work activities. Identify career opportunities. 7. Contrast and compare these three career tracks: ■ Private practice ■ Public practice ■ Academic practice 8. Identify and describe as many specialtypractice career options as you can. Find and document at least three examples of completed projects for each of the specialty practice options. 9. Research the professional registration law in your state or the nearest state with professional licensure. Identify whether the law is a practice law or a title law. Obtain a copy of the rules and regulations. Develop a clear understanding of what professional activities a landscape architect is allowed to conduct. Document your findings in a paper. 10. Obtain a copies of the LARE study guides. Develop and stage a mock LARE exam with your classmates. 11. Interview landscape architects in your area to identify professional development activities they engage in. Are they involved in continuing education? Do they attend skills development workshops and seminars? What other professional development activities do they engage in? Document your findings in a paper or a PowerPoint presentation. 12. Write a paper on professional ethics. Research and discuss the following topics in depth: ■

■

■

General obligations and availability of services Obligations between professionals and clients Obligations to third parties

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Obligations between professionals and employees Obligations to the profession.

to illustrate the code. Develop a PowerPoint presentation that illustrates the environmental standards.

13. Research the topic of professionalism and develop a PowerPoint presentation illustrating the main themes of your definition of this topic.

15. Research futurist thinkers and develop your own vision of how technology will affect the landscape architecture office in 10 years, 25years. Write a paper discussing your vision and prepare a PowerPoint summary presentation.

■

■

14. Review the ASLA Code of Environmental Ethics and find examples in your community

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2

Clients and Projects

his chapter provides an overview of how a landscape architecture firm determines who its clients will be and the mix of its client base. Two broad categories of clients—private sector and public sector—are discussed. The types of projects associated with different clients are also discussed and examples of projects are cited. A landscape architecture firm cannot exist without a well-cultivated client base, no matter the size of the firm. Understanding the landscape architect’s client opportunities, developing a client base, and nurturing the firm’s clients are cornerstones of a successful business operation. Without clients to serve and projects to complete, a landscape architecture firm has no basis for being in business. With a healthy mix of private and/or public clients, however, a landscape architecture firm has the potential to flourish and prosper.

T

Who Are the Landscape Architect’s Clients? In the broadest sense, the landscape architect’s clients are those persons or entities, such as a corporation, that need or want professional landscape architecture services and are willing to pay for the services. The landscape architect, in general, works for two broad categories of clients: private-sector clients and public-sector clients.

Private-Sector Clients Developers, private individuals, for-profit corporations, not-for-profit corporations, and other architecture and engineering (A/E) professionals represent most of the private-sector client opportunities for landscape architects. Whenever an individual or corporate entity seeks the expertise of the landscape architect for landscape analysis, planning, design, conservation management, sustainable design, or other landscape-related projects, an opportunity exists for providing private-sector professional services. The services are initiated by personal contact. Either the prospective client contacts the landscape architect, or the landscape architect seeks out a private client after identifying a potential opportunity for providing professional services. Today, the Internet more often than not is the first point of contact for clients and landscape architecture firms. No matter how the contact comes about, developing helpful, trusting relations with clients is essential for cooperative and successful client-professional associations. Identifying and clarifying the needs of the private client and providing services that respond directly to those needs are the rewarding results of the healthy clientprofessional relationship. In most cases, the client-professional relationship is successful when the client’s needs are met and the landscape architect’s professional capabilities are allowed to flourish in the highest ethical

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manner. Problems arise when the private client does not perceive the value of the services provided by the landscape architect or does not feel that the landscape architect is responsive to the client’s needs. For the landscape architect, problems occur if the private client’s wishes result in a project that compromises the professional’s environmental-quality goals or professional ethics. In all cases, the successful private-client project is the result of a positive, mutually beneficial relationship built on trust, communication, and mutual goal setting.

Public-Sector Clients The federal government, state governments, and local governments at the city, county, and metropolitan levels represent the landscape architect’s client opportunities in the public sector. More and more in the twenty-first century international governments at all levels are also becoming landscape architect’s clients. In almost all cases, the landscape architect’s work for a public-sector client involves a thirdparty user—the general public. Whereas it is also true for private-sector clients, the third-party-user relationship is generally more prevalent in publicsector work. A landscape architecture firm may also serve an architect, the firm’s private client, on a public building project, but the users of the building project and its outdoor environment will be the public-servant occupants of the building, as well as the general public. The site plan and design of site improvements and plazas for a new county courthouse, for example, will be used by the public employees such as judges, attorneys, and administrative staff, as well as members of the general public having business with the court. In a large number of private-client projects, however, the client and the user are one and the same. In public-sector work, such as the design of a park or roadside improvements, however, the landscape architect must always consider the third-party public user. As with the private-client relationship, successful projects in the public sector result when trust and good communication exist between the landscape architect and agents of the public-sector client

and when the project is perceived to meet the needs of the third-party public user. So much emphasis is placed on meeting the needs of the public user today that almost every public project includes meetings with representatives of public-interest groups. In many cases, public meetings are even mandated by ordinances or other requirements. Resolving issues with the public constituents builds the type of trust and communication that makes a publicsector project successful. The types of landscape architecture projects in the public sector vary widely, but the most common types of projects include parks, streetscape projects, road beautification, regional planning, and urban planning and analysis projects.

Serving the Private or Public Client The landscape architecture firm serves its clients in two distinct professional roles: prime consultant and subconsultant. As the owners and managers of a landscape architecture firm choose what types of clients to work for, they often find that their choices determine whether the firm’s professional role will be a prime or a subconsultant. If the firm gravitates toward private-sector developers, there is often more opportunity to work directly for the developer as a prime consultant. If the firm’s principals prefer working as part of a design team, the firm more often than not finds itself in a subconsultant role because architecture firms are commonly the prime consultant on developmentrelated projects. If the firm’s principals are inclined to work for public-sector clients, there may be a fifty-fifty chance that the firm will serve as a prime or subconsultant. If the firm frequently works on park projects, for example, it may often work as the prime consultant because a landscape architecture firm is often in the lead consulting position on such projects. If the firm frequently works on transportation or road projects, it may be more likely to serve in a subconsultant role to a civil engineering or transportation planning firm that is serving as the prime consultant. Both prime consulting and subconsulting offer rewarding professional endeavors to the landscape architecture firm.

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What Elements Determine the Landscape Architect’s Clients? The Proactive Posture for Determining the Client Mix When a landscape architecture firm starts out, its owners, managers, or principals may take a proactive posture toward the professional orientation of the firm, the types of clients (public or private sector), and the contractual role they want the firm to play. The principals set goals for the firm and define the firm’s mission in terms of the types of projects they would like to work on, the availability of clients, and the type of professional role, prime consulting or subconsulting, most likely to be available. The principals could be very interested in international practice, for example, working on projects in South America, Europe, or Asia. Japan, China, and Vietnam have experienced significant growth over the last half of the twentieth century and that growth is expected to continue well into the twenty-first century. Foreign markets have become a desirable place for American landscape architecture firms to practice because the foreign developers and public sector clients are perceived as being more open to high design solutions across all market sectors. Or, the principals may decide to specialize in environmental assessment, planning, and design of open space and outdoor recreation facilities such as trail systems and wildlife refuges. Having selected this professional orientation, the firm’s principals are also carving out a client niche that will be primarily public sector, and deciding by corollary that the firm will most likely serve as a prime consultant. A different firm’s principals may decide to serve as support professionals to architects because a large number of architecture firms exist in the area and the principals believe they can develop a profitable niche market serving the architecture firms. This proactive self-determination of the firm’s professional orientation is one way that the firm’s landscape architects determine its clients and the prime consulting or subconsulting role the firm will play.

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The Reactive Posture for Determining the Client Mix Another way to determine the landscape architecture firm’s clientele is by hanging out the shingle and taking whatever work comes along. Of course, it helps if the projects are interesting and if the clients are good to work with and pay the firm’s fees without problems. In time, the principals will find that trends emerge in the types of projects, clients, and consulting roles the firm is engaged to work on. The firm may develop one or more of the trends into office specialties and focus more and more of the firm’s client-development efforts on the specialty area. Establishing a track record for specific types of projects can lead to much repeat business. The greater the reputation of the firm for its specialty work, the more likely it will be that clients may seek out the firm—and, thus, define its client mix. On the other hand, a reactive definition of the landscape architecture firm’s client mix may not result in a specialization for the firm, but rather in a generalized professional practice. The firm’s principals may want to maintain a healthy mix of project experience and a wide range of expertise that allows the firm to take advantage of the variety of client- and job-development opportunities presented by changing economic conditions or political, personal, or other reasons. Many landscape architecture firms intentionally maintain such a jack-of-all-trades posture. These firms develop flexible promotional materials that can be used to present the firm’s experience with different orientations as needed for client- and job-development purposes.

Geographical Location of the Firm The landscape architecture firm’s clients may often be determined by the geographical location of the office, nationally, regionally, or internationally. A firm located in Bozeman, Montana, will look to the National Park Service and the National Forest Service as potential clients because of the vast amount of the land devoted to these public agencies in Montana and neighboring states. A firm located

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in an urban growth area of the country, such as the west and southwest, may look to the private-sector developer, as well as individuals such as home owners, for its source of clientele. The firm that is located in a heavily populated metropolitan area, such as Boston, San Francisco, Seattle, or Atlanta, may have more opportunity to work for either privateor public-sector clients because of access to more urban growth and public works projects in general. Where the firm is located within a regional or metropolitan area may also affect its client base. A firm specializing in planning and designing housing communities may wish to locate its office in an area of expanding growth to be close to clients such as developers of housing projects, individual home owners, or architects who may be designing shopping centers or schools to accommodate the growing number of children associated with suburban growth. A firm specializing in public works projects may wish to locate its office near a government office center in order to have quick and easy access to public clients. Firms that have cultivated an international practice will inevitably need an office located in the foreign country if work opportunities continue to grow. Some landscape architecture firms that have developed a client base in the rapidly expanding and developing People’s Republic of China have established foreign offices in Shanghai, Beijing, or Hong Kong, for example.

Professional Licensure Limitations and Opportunities State-administered professional licensure laws and the way that landscape architecture is conventionally practiced in states and regions are two other determinants of the landscape architecture firm’s clients. In some states, the landscape architect is licensed to provide a wide range of professional services. In other states, the landscape architect’s services are guided by what has been fashionable or conventional practice for many years. It is not uncommon for the landscape architect to provide site planning, grading, and drainage work in states such as New York, Washington, and Massachusetts, whereas in states such as California and Arizona, the landscape

architect is often concerned with planting and irrigation design or environmental assessment and land planning. In Arizona, for example, landscape architects are not licensed to carry out drainage design; by conventional practice, however, they carry out a large amount of planting and irrigation system design, trying to mitigate the grading impacts often created by the engineering of sites. Arizona landscape architects also deal with water harvesting as a supplement to irrigation water.

Personal Contacts Initially, and throughout the life of a professional office, a firm’s client base is established and continues to be determined by the personal contacts of the firm’s principals. When an individual or a group of partners starts a firm, one or more clients usually provide the initial opportunities for contracts. As the firm matures, personal contacts continue to play a key role in determining the firm’s client base. The more contacts, the greater the opportunities for being in the right place at the right time and hearing about project opportunities. There is a direct correlation between personal contacts and prospective clients. For the astute professional practitioner, conversations with acquaintances, friends, business associates, community leaders, professional practitioners in allied fields, and almost anyone with whom the professional comes into contact can lead to project opportunities. After establishing a client base of personal contacts, the professional practitioner must keep in touch with his or her contacts in order to enhance the possibilities for project leads. If the client is a friend from the start, keeping in touch is usually easy. If the client is an acquaintance or a business contact, the professional practitioner may need to use specific techniques to follow up with the business contacts. Call lists, email lists, personal organizers, computer organizers, and tickle files are methods for keeping in regular contact with prior clients and with personal contacts. A tickle file is a simple method of organizing a calendar with periodic reminders to call specific contacts. No effort is required to keep in contact with present clients because regular conversations are part of the professional services. The regular contact with current

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clients gives the professional an edge over competitors, as well as definite opportunities for securing new projects from the existing clients. In many instances, the professional practitioner can maintain a lifelong relationship and a steady stream of contracts from clients as long as the client remains pleased with the quality, cost, and competence of the professional services. In addition, making friends with the client and taking part in social activities on a regular basis provide even greater opportunities for personal contact and job development. Landscape architects employ other methods for developing and following up with personal contacts and to foster contacts with other professionals. Membership in professional societies, public service, social activities, breakfast clubs, and other activities can put the professional in personal contact with prospective clients. These activities are discussed in greater detail in Chapter 8. Without question, developing and maintaining personal contacts is a key to job development and a successful long-term practice for the professional landscape architect.

The World Wide Web The Internet provides a very valuable and easily accessible way for clients to find landscape architects and for landscape architects to find clients. Prospective clients will look at a firm’s Web site and undoubtedly compare one firm against others by using information found on the Internet. The Web allows a landscape architect to review background information about a prospective client such as a corporation by going to the company’s Web site and also by surfing the net to find out about the company’s activities. The landscape architecture office’s Web site allows the firm to project a specialty practice area that may separate it from its competitors even before personal contact is made by a prospective client.

Specialization Developing a practice specialty may also determine the firm’s client mix. The client mix of a firm that focuses on environmental assessment will be very

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different from that of the firm that specializes in golf course design. The environmental assessment firm is likely to have more public clients because regulatory laws, starting with the National Environmental Protection Act, require environmental clearance prior to development on public lands. State and local governments have similar environmental regulations. The firm’s private clients will be developers and others who are required to deal with code compliance and the legal requirements of the national, state, and local environmental protection laws. The golf course design firm may have public clients because cities, counties, and metropolitan agencies develop public golf courses, but the firm is more likely to have a higher percentage of private clients who are developers of private, resort, and country club golf courses. Some firms choose to specialize in one of the two broad categories of clients—public or private sector—as opposed to developing a specialty in a certain type of project. The choice is made by preference. The firm’s principals may enjoy working with private-sector clients or, conversely, publicsector clients. Private-sector clients demand attention to the project and relatively immediate results. For the private-sector client, time is money and projects are usually carried out on a fast-track basis. Public-sector client representatives function more as project monitors once the scope of work and the project schedule have been developed and agreed on. Working with private-sector clients may require more attention to maintaining a friendly and close interpersonal relationship with the client than when working with public-sector clients. The personalities of the firm’s principals often play a major role in the conscious choice to focus on either private- or public-sector clients.

Economic Conditions Finally, the ebb and flow of the national economy and local economies often have a great deal of influence on the types of clients and professional roles of the landscape architecture firm. In times of national recession, there will not be the breadth and depth to the client base that is found during times of national expansion. Indeed, in times of recession the firm will have to nurture its existing client

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base, paying particular attention to its best clients and maintaining them well. During a recession, a firm may have to adopt a survival posture and take a close look at all client and project opportunities. In growth periods, the firm will have an expanding client base and more opportunities to set goals and strategies for positioning the firm in the most profitable and interesting markets. The principals of a landscape architecture firm must keep abreast of trends in both local and national economies. Public spending for federal, state, and local projects, for example, often changes direction. School development and road expansion might be up, for instance, and spending for parks might be down. At another time, public funds might be available for flood-control projects and utility expansion. Firms that have the flexibility to provide the types of services for a wide range of public works projects will be able to withstand changes in the public marketplace. In the 1960s, for example, the federal Housing and Urban Development department spent hundreds of millions of dollars on urban renewal projects. In the 1990s and into the 2000s, on the other hand, the federal government shifted a significant amount of effort and spending to preparing plans for military base closures, base realignment, and military development projects. A local bond election might provide a large sum of money for park development. A state budget may prioritize spending on urban freeway development programs. A city may have bond money and federal funding for a transit system project. Keeping up to date on the direction of government spending directions allows the landscape architecture firm to package its promotional materials and focus its client development efforts toward securing project work in the area of public spending that is prioritized at any given time. Following private-sector trends also allows the firm’s principals to go with the flow and focus job development efforts in local, regional, and national development areas that are hot markets. Locally, for instance, private-sector housing development often leads a growth and development trend. When enough housing is developed to create a population concentration, the housing will be followed by development of neighborhood shopping centers. As the growth area of the community continues to develop, the need for roads, schools, and

parks will create public-sector opportunities. The firm that stays in tune with development trends and understands the dynamics of local development will be in a better position to project future needs and outline strategies for developing clients and penetrating market sectors in advance of when the actual work starts to appear. Daily reviewing of city, county, and state procurement Web sites; reading of business newspapers; subscribing to a “trends” service, such as the Dodge Report; and keeping abreast of local politics and bond issues are a few of the many ways to keep up with economic trends. Following national and local economic trends is an important key to determining the firm’s client base.

Landscape Architecture Projects Without private clients and public development, the landscape architect’s client base would disappear. Most private developers, that is, individuals or corporations whose mission involves developing real estate projects, focus their efforts on commercial, industrial, and residential development projects. Most public agencies focus on improving the public environment, including parks, streets and roads. Twelve general areas of landscape architecture projects are discussed in the following sections. Although the types of categories could be debated, organized, and arranged in many ways, the following categories are based loosely on those used by ASLA for its annual national professional awards program and also featured areas of professional practice covered in Landscape Architecture Magazine. From 1981 to 2009, over 900 awards were given in ASLA’s annual professional awards program in four broad categories. (See Figure 2-1.) The 12 general areas of landscape architecture projects discussed in this chapter are: 1. Projects that feature sustainable concepts, “green” solutions, and LEED certification 2. International Projects 3. Community development and multifamily housing

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59


No.

Year

Design

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29

1981 1982 1983 1984 1985 1986 1987 1988 1989 1990 1991 1992 1993 1994 1995 1996 1997 1998 1999 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009

15 10 12 23 21 14 19 14 36 11 19 15 7 7 10 9 11 20 17 14 24 10 17 17 12 13 13 9 19

8

2

5

4 5 3 10 15 12 10 10 6 5 6 6 11 10 5 9 15 10 9 8 8 10 10 8 8 6 14

4 3 4 2

1

2 5 3 6 7 4 5 5 6 8 11 8 9 8 8 6 11 10 5 8 6 5 2 3 3 4 6

Total

438

241

65

169

Total All Categories

913 26%

7%

19%

Percent

Planning & Analysis

48%

Rsearch

3 3 3 2 2 3 5 1 2 1 5 5 2 2 4 1 1 2 2

Communication

Figure 2-1. ASLA Awards 1981 to 2009.

4. Streetscape, transit projects, and road beautification 5. Parks and outdoor recreation facilities 6. Commercial, industrial, and corporate development 7. Urban and regional planning 8. Institutional projects 9. Single-family residential and garden design projects 10. Conservation, land, and water reclamation projects 11. Historic preservation and landscape restoration projects 12. Landscape art and earth sculpture

1. Projects that Feature Sustainable Concepts, “Green” Solutions, and LEED Certification

From the simplicity of capturing storm water in a residential rain barrel to using solar lighting for a park project to promoting alternative modes of transportation by planning of urban greenways to the technical complexities of designing rooftop gardens, landscape architects are involved with sustainable design practices and the “green” building movement. Nothing gave more momentum to the sustainable design movement than the establishment of the U.S. Green Building Council (USGBC) in 1993.

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The USGBC is a nonprofit national organization that promotes sustainability in the way buildings are designed, built and operated. The USGBC is best known for the development of the Leadership in Energy and Environmental Design (LEED) rating system and Greenbuild, an annual conference that promotes the green building industry, including environmentally responsible materials, sustainable architecture techniques, and public policy. Responding to what had come naturally for landscape architects since the middle of the nineteenth century, designing sustainable landscapes through a multilayered approach to site planning, in 2005 the American Society of Landscape Architects (ASLA) began the process of developing a professional practice initiative to promote sustainable land development and land management applicable to sites with and without buildings including: ■

■

Open spaces such as local, state, and national parks, conservation easements, and transportation rights-of-way. Sites with buildings including industrial, retail, and office parks, military complexes, airports, botanical gardens, streetscapes and plazas, residential and commercial developments, and public and private campuses.

The ASLA’s Sustainable Sites Initiative will provide tools for landscape architects and others who plan, design, construct, operate, and maintain landscapes. This effort began as an interdisciplinary effort with three main partners: the Sustainable Design and Development Professional Practice Network of ASLA, the Lady Bird Johnson Wildflower Center, and the United States Botanical Garden (USBG). A Steering Committee of 11 stakeholder groups was selected to guide the Initiative, and a number of technical committees were appointed to develop sustainable benchmarks for soils, hydrology, vegetation, human health and well-being, and materials selection. After developing an interim report in November 2008, a year later the Sustainable Sites Initiative published The Sustainable Sites Initiative: Guidelines and Performance Benchmarks2009 (ASLA 2009c). This manual is the product of more than four years of work by a diverse group of experts. The report focuses on measuring and rewarding projects that protect, restore, and

regenerate ecosystems as well as measuring the benefits provided by natural ecosystems, including the protection of natural water systems. Guidelines and Performance Benchmarks 2009 includes a rating system for the credits. The rating system contains 15 prerequisites and 51 credits that cover all stages of the site development process from site selection to landscape maintenance. Guidelines and Performance Benchmarks 2009 has a companion document, titled The Case for Sustainable Landscapes (ASLA 2009b), which provides a rationale for the adoption of sustainable land practices, additional background on the science behind the performance criteria in the guidelines and performance benchmarks, the purpose and principles of the Sustainable Sites Initiative, and a sampling of the case studies the Initiative has followed. The U.S. Green Building Council (USGBC), which also is a stakeholder in the Sustainable Sites Initiative, anticipates incorporating the guidelines and performance benchmarks into future iterations of the R LEED Green Building Rating SystemTM . No project exemplifies the landscape architecture “green” movement more than the green roof at the national headquarters building of the American Society of Landscape Architects. The project began in 2004 when ASLA was faced with replacing the roof on its national headquarters building and the ASLA board voted to install a green roof. The main goal of the project was to serve as a demonstration of the environmental benefits of green roofs and to showcase what landscape architects could bring to projects of this type. The project was completed in the spring of 2006 and was designed by Michael Van Valkenburgh Associates, Inc. along with the consulting landscape architecture firm Conservation Design Forum. DMJM Design was the project architect and Robert Silman Associates was the structural engineer. The ASLA green roof design is comprised of two elevated waves formed from rigid insulation and covered with a green roof planting system. The two waves of plant materials create a pleasant landscape enclosed space and they block views of the rooftop HVAC equipment. One of the waves is planted mostly with sedums and the other wave which has a deeper soil medium is planted with drought-tolerant perennials and grasses as well as

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Figure 2-2. The green roof at the ASLA headquarters building. Photo courtesy of the American Society of Landscape Architects.

Figure 2-3. Planting on the ASLA headquarters green roof. Photo courtesy of the American Society of Landscape Architects.

sedums. Surrounding the waves is a green roof system covered with aluminum grating that allows visitors to walk over the plant material without damaging it. The use of the grating over the planted sedums provides almost total green coverage for the roof. The grated areas allow the roof to be enjoyed by ASLA staff and visitors alike. The grated areas also allow access for plant maintenance (ASLA 2009a). Landscape architects have been involved with green roof projects all over the country and extensively in cities such as New York, Chicago, Washington, Seattle, and San Francisco. The green roof, which has been used to a much greater extent in Eu-

ropean countries since the last half of the twentieth century, is definitely here to stay becoming increasingly popular in the United States. Green roofs will continue to be a source of pride for landscape architects and other green industry professionals. Projects of note in the first decade of the twentyfirst century include the following: ■

The Lurie Garden, Chicago. Completed in 2004, the Lurie Garden is a 3-acre public rooftop garden built over an underground parking garage at Chicago’s Millennium Park. According to designers at the landscape architecture firm of Gustafson

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Guthrie Nichol Ltd., the garden expresses Chicago’s distinct urban landscape history as a bold, contemporary landmark offering a respite for people and urban wildlife. The designers took into account the large number of people passing through the garden, providing a strong directional linkage system to the rest of Millennium Park. The circulation system is defined by the “Shoulder Hedge,” which is a giant metal framework shaping several varieties of plants into one monumental hedge feature. The garden has two interior “plates” that are planted with perennials and trees. The two plates, called the dark plate and the light plate, strongly contrast with each other. The dark plate, referencing the moist, mysterious past of the site, offers an experience of dreamlike immersion in a volume of robust perennial compositions. The light plate, referencing Chicago’s modern artistic control of nature, provides an exhilarating experience of surveying a bright and clean, controlled landscape. The project also incorporated geofoam under the soil in order to create landform in the planting areas. Church of Jesus Christ of Latter-Day Saints (LDS) Conference Center, Salt Lake City. Completed in 2000, the huge building of 1.1 million square feet was designed by Portland architect Robert Frasca, who collaborated with landscape architects from the Olin Partnership of Philadelphia. The design objective of integrating the building into its urban context and relating it to the backdrop of the Wasatch and Oquirrh mountains was achieved by enveloping the massive structure in a series of tiered planters leading up to a green roof meadow. The green roof meadow absorbs huge amounts of rain, reducing peak runoff and lowering air conditioning demand. The project involved significant technological considerations that included applying irrigation in Salt Lake City’s hot summer months and snow storage during the city’s winter months. The project received a design merit award from the American Society of landscape Architects in 2003 (Striefel 2006).

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Ford Dearborn Truck Assembly Plant, Dearborn, Michigan. Designed by William McDonough & Partners and ARCADIS, the 454,000 square foot green roof above the Ford truck assembly plant is recognized as the largest green roof in the world. The green roof serves as a model for a twenty-first century manufacturing plant and is part of a 600-acre sitewide storm water management system highlighting environmentally beneficial site and building strategies. Technical challenges included managing the availability of plant materials by contract growing sedum cuttings a year in advance on blankets that were installed on the rooftop in 2002. Michigan State University investigated drought and freeze resistance, density of growth habit, weed control, and fertilizer and irrigation requirements of plants before identifying a mix of nine sedum varieties that would thrive under project conditions. Calculations indicate that the green roof will retain 447,000 gallons of rainfall per year, about one-half of the annual rain on the roof. This project won a 2004 award of excellence from Green Roofs for Healthy Cities (see their Web site at www.greenroofs. org). The Louisa. Located in downtown Portland, the Louisa is a high-rise apartment building with 242 units and ground floor retail. The Portland landscape architecture firm, Walker Macy, won a 2007 award of excellence from Green Roofs for Healthy Cities for this project. The green roof reduces storm water runoff, mitigates Portland’s heat island effect, and provides visual interest for residents in upper floors of the building. The rooftop garden is designed for all residents of the 16-story tower to have access for parties and social events (www.greenroofs.org). California Academy of Sciences, San Francisco. Perhaps the most stunning green roof completed in the first decade of the twenty-first century is the sculptural, almost ethereal, roof of the Renzo Piano-designed California Academy of Sciences completed in 2007. The SWA Group of Sausalito California served as the project landscape architects

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Figure 2-4. Lurie Garden, Chicago, designed by Gustafson Guthrie Nichol Ltd. Photo courtesy of Gustafson Guthrie Nichol Ltd. Photo by Juan Rois.

and helped develop the concept of lifting up a piece of Golden Gate Park and sliding a building under it. The roof design concept also echoes the seven hills on which San Francisco was built. The green roof comprises 2.5 acres of the total 4.5 acre roof area and presented significant technical challenges, not the least of which was how to keep the layers of the green roof materials and granular growing medium in place on the steeply undulating slopes of the rooftop. SWA came up with a network of 24-foot-square gabions filled with black basalt rock to hold the growing and drainage medium in place, while allowing irrigation and rain water to drain through the ingenious system. Paul Kephart and his company, Rana Creek, developed the native plant palette for the roof and an ingenious biodegradable modular tray system for growing the plants in a 3-inch growing medium and transplanting the plants onto the roof. The project received a design honor award from the American Society of Landscape Architects in 2009. (McIntyre 2009) Another area of sustainable design practice that landscape architects have engaged is the handling of storm water, from biofiltration to capturing rain to water plants. Storm water is viewed differently

in various parts of the country. In the north where rain is often plentiful, storm water is managed carefully because it can be a source of pollutants as it runs over highly urbanized environments, streets, and parking lots. Many cities use storm sewers to remove runoff as quickly as possible, and there are plenty of opportunities for biofiltration before water enters the storm sewer. In other parts of the country, such as the southwest, water is viewed as a precious resource and much emphasis is now placed on capturing storm water runoff to provide a supplementary source of landscape irrigation. In fact, some western cities have become leaders in storm water harvesting. In Portland, Oregon, there has been an emphasis on managing storm water through biofiltration, and a good example is the innovative NE Siskiyou Green Street project designed by landscape architect Kevin Robert Perry that won an ASLA honor award in 2007. Regarded as one of Portland’s best green street storm water retrofit examples, and a first of its kind, this project replaces the parking zone of a typical residential street with landscaped storm water curb extensions designed to capture rain water from the street. Constructed in the fall of 2003, the NE Siskiyou Green Street project exemplifies the principles of sustainable storm water management and showcases the value of simple, cost-effective,

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Figure 2-5. Green roof designed by William McDonough Partners and ARCADIS on the Ford Dearborn Truck Assembly Plant, Dearborn, Michigan. Photo courtesy of Green Roofs for Healthy Cities.

Figure 2-6. Green roof designed by Walker Macy Landscape Architects for the Louisa high-rise apartment building in Portland, Oregon. Photo courtesy of Green roofs for Healthy Cities.

and innovative design solutions. According to the ASLA’s statement about the project:

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The NE Siskiyou Green Street project essentially disconnects the street’s rainwater runoff from the City’s combined storm/sewer pipe system and manages it on-site using a landscape approach. Storm water runoff from 10,000 square feet of NE Siskiyou Street and neighboring driveways flows downhill along the existing curb until it reaches the 7-foot wide, 50-foot long curb extensions. An 18-inch wide curb cut allows this water to enter each curb extension. Once water is within the land-

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scape area, the water is retained to a depth of 7 inches by a series of check dams. Depending on the intensity of a rain event, water will cascade from one “cell” to another until plants and soil absorb the runoff or until the curb extensions reach their storage capacity. The landscape system in place infiltrates water at a rate of 3 inches per hour. If a storm is intense enough, water will exit the landscape area through another curb cut at the end of each curb extension and will flow into the existing street inlets. With the new storm water curb extensions now in place, nearly all of NE Siskiyou’s annual street runoff, estimated at 225,000 gallons, is managed by its landscape

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Figure 2-7. Siskyou Street. C Bureau of Environmental Services, City of Portland Oregon.

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system. In fact, multiple simulated flow tests have shown that the curb extensions at NE Siskiyou Street have the ability to reduce the runoff intensity of a typical 25-year storm event by 85 percent. Where communities struggle with everincreasing impervious areas and degraded water quality, these simple landscape approaches can have a measurable positive impact (ASLA n.d.).

Following Portland’s example, the Tucson landscape architecture team of the multidisciplinary firm Olsson Associates developed a waterharvesting solution to handle storm water runoff on a 2,200-foot section of Camino Campestre Street in association with plans for a segment of the Arroyo Chico Urban Greenway in Tucson. The project, designed by landscape architect Justin Dykstra, includes a sequence of curb inlets and basins that capture rain and use it to irrigate street trees and native shrubs. The street tree selected for the project is the native Blue Palo Verde tree, which requires an average of 51 gallons of water per week for sustainability. Curb cuts and curbside basins spaced at an average distance of 70 feet apart are estimated to provide at least 47 percent and up to 57 percent of the annual irrigation requirement for the trees. The curb cuts divert storm water into 30 water harvesting basins that capture 359 gallons of water each, a total of 4,039 gallons of water for a measurable

rain event of .1 inch of water. With an average of 49 days of measurable rainfall per year, 197,921 gallons of water per year is harvested to irrigate the street trees and other plants in the basins. In Tucson, the rainy days are concentrated in 5 months of the year and supplemental irrigation is necessary to insure sustainability throughout the year. One day of measurable rainfall will provide for 3.5 days of watering requirements based on an irrigation schedule that waters the trees twice per week, or about 47 percent of the annual water requirement, conserving as much as 163,315 gallons of water. The supplemental water is supplied from the city’s reclaimed water system, which adds further to the sustainable quotient because precious potable water is saved for human consumption. The water-harvesting system coupled with drip irrigation, a smart controller and a rain gauge will produce a sustainable street tree program that meets the objectives of the city’s commercial storm water-harvesting ordinance. Tucson, Arizona, also is home to another outstanding example of water harvesting for sustainability at the Underwood Family Sonoran Landscape Laboratory at the College of Architecture and Landscape Architecture (CALA) building on the campus of the University of Arizona. The concept for the garden is based on four pillars: (1) water conservation and water harvesting, (2) reduction of urban flooding, (3) reduction of the

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urban heat island effect, and (4) education and interpretation. The oasis garden is intimately tied to the building. It is one of the best examples of an integrated site and structure in the arid southwest. It was built in a former parking lot adjacent to a 35,000 square foot building addition to the College of Architecture and Landscape Architecture. Two full floors and the fourth floor meeting room are heated and cooled through refrigerated air conditioning. The ground floor is only cooled, and this is through evaporative cooling. Water is collected from (1) rainwater runoff, (2) HVAC condensate, (3) gray water from drinking fountains, and (4) an abutting U of A drinking water well. The well water “blow off” (back wash from a conventional sand filter) is approximately 200–300 gallons per day. It is chlorinated and goes directly into the Underwood Garden’s pond. Chlorine dissipates very quickly with no residue in the garden’s small pond. This is important when introducing fish into chlorine treated water. The landscape of the garden is a representative recreation of five biomes of the Sonoran Desert: (1) desert wetland, (2) desert riparian, (3) mesquite bosque, (4) desert canyon, and (5) upper Sonoran. The following are sustainable elements of the building and demonstration garden, according to Ron Stoltz, Director of CALA’s School of Landscape Architecture:

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A 52 ft. high × 200 ft. “green wall” planted with Mascagnia macroptera (Yellow Orchid Vine) shades the south façade of the building. The 2 in. × 2 in. × 1/4 in. rusted steel frame can reach 145◦ F in the summer, but with the vines it does not get above air temperature because of the surface to mass ratio. Growth of the vines has exceeded typical growth characteristics. An 11,600-gallon fiberglass-lined, steel cistern is located inside the building. It is 7 feet in diameter x 38 feet tall. The base of the tank and the ground floor of the building are approximately 3 feet below the surrounding grade. There is approximately 1 gallon of tank storage for each square foot of roof. From empty it takes about 1.7 inches of rain to fill the cistern. During very heavy summer rain

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storms water comes off of the roof at approximately 300 gallons per minute and overflows into the pond and drainage system after the tank is filled. Water from the tank is metered out to irrigate the garden’s plantings. The water collection calculated by the mechanical engineers includes: (1) 85,000 gallons of rainwater, (2) 95,000 of HVAC condensate, (3) 45,000 gallons of well water “blow off,” and 6,000 gallons of gray water, producing approximately 230,000 gallon per annum. Desert planting has two periods: (1) the establishment period and (2) the maintenance period. During the planting establishment period, the first 3–5 years, the annual irrigation demand was approximately 280,000 gallons and potable water reduction was 83 percent. After 5 years, potable water reduction is believed to be 100 percent. Irrigation is ET (evapo-transpiration) controlled from the U of A weather station. The garden pond is about 18,000 gallons. It is lined with clay to within approximately 12 inches below the rim elevation. Since HVAC condensate and rainwater are essentially distilled and not really good for fish survival, allowing water to contact the soil helps mineralize it. Well water blow off does have minerals in it. Mixing the two sources of water helps to create good water chemistry. The pond supports the Longfin Dace (listed by the USFWS as a “Species of Concern”).

On the opposite end of the spectrum from Tucson, where average rainfall is 12 inches per year, is Seattle, Washington, recognized for its wet climate and cloudy weather, where the average annual rainfall is 39.2 inches per year. Sustainable storm water practices there received a boost in the late 1990s under Mayor Paul Schell, who was responsible for millions of dollars in spending on environmental restoration. While much of the spending went to stream restoration and other environmental projects, a new natural drainage system for urban streets was inaugurated. The first pilot project, known as SEA Street, which stands for “street edge alternative” street, was completed in 2000.

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Figure 2-8. The Underwood Family Sonoran Landscape Laboratory at the College of Architecture and Landscape Architecture on the campus of the University of Arizona.

Figure 2-9. The 38-foot-tall cistern for holding captured storm water at the College of Architecture and Landscape Architecture building on the campus of the University of Arizona.

The project was designed in house by the Seattle Public Utilities Department with the landscape architecture elements headed by Shane DeWald, who was a senior landscape architect with Department of Transportation, and Bob Spencer, the city’s creek steward. It is part of the City of Seattle’s Natural Drainage Systems (NDS)—an alternative to the traditional storm water systems made up of drain inlets, pipes, and paved ditches, which carry runoff with traces of contaminants directly into creeks and then into Puget Sound. These traditional drainage solutions result in impacts on water quality, marine food chains, and wildlife habitat. Basically an existing 660-foot long typical urban street, 2nd Avenue NW between 119th and 120th Streets, was torn out and replaced with a curvilinear street and adjacent landscaped swales. The new 14-foot-wide street was designed to slow traffic and to be intended primarily for residents. Street-side parking was implemented in 45- and 90-degree spaces set in and among adjacent landscaped swales. The project includes a new sidewalk that meanders through landscaped areas. Even with the new sidewalk, the impervious area of the new street improvements was less than the original paved city street. Swales were landscaped with 11 species of deciduous and evergreen trees, including Acer truncatum (Pacific Sunset maple) and Arbutus unedo

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(strawberry tree); 21 species of shrubs and ground covers, including Rubus spectabilis (salmonberry) and Cornus Kelseyii (dwarf red dogwood); and 16 species of perennials, ferns, and wetland species, including Iris douglasiana (Pacific Coast iris) and Sagitaria latifolia (arrowhead). Many residents on the street have taken great pride in the swales that their homes fronted on, and they supplemented the city’s plantings. It was successful far beyond the imagination of the city’s Department of Transportation and Public Utilities. First, it reduced the flows of the 2-year storm event by 99 percent. Second, the project reduced the amount of chemically contaminated water running off the street that wound up in a nearby creek and ultimately in Seattle’s Puget Sound. The project also was extremely successful in terms of community involvement. Last, the project is a model of how changes to old patterns of urban street drainage can set a highly successful standard of sustainability for the city’s water resources (Owens Viani 2007). 2. International Projects

From the last quarter of the twentieth century continuing into the twenty-first century, there has been a spike in projects throughout the world that have been designed by U.S. landscape architecture firms, with many larger firms developing offices in countries such as China and Japan and in cities throughout the European Economic Community. The projects range from resort communities to new towns, from national parks to urban plazas, from corporate headquarters to hotels, from Olympic villages to expos. In addition to U.S. landscape architecture firms practicing in foreign countries, there has been a significant growth in the number of foreign landscape architects. Some of the greatest growth has occurred in Canada and Great Britain, where there has been an established base of professionals back to the mid-twentieth century. However, other European countries, such as the Netherlands, Germany, and France, and the Asian countries, especially China and Japan, have seen the ranks of practicing landscape architects grow. The Association of German Landscape Architects, for example, listed 1,300 members by the end of the first decade of the twenty-first

Figure 2-10. Aerial view of SEA Street in Seattle, Washington, showing the dramatic change in the layout. Photos courtesy of Seattle Public Utilities.

century (see their Web site at www.bdla.de). In 2009, the Landscape Institute, which is the professional society for landscape architects in the United Kingdom, had reached 6,000 members (see their Web site at www.landscapeinstitue.org). Also, in 2009 AECOM, which is headquartered in Los Angeles, California, and is the parent company of EDAW, DMJM, and Ellerbe Becket, reported 52 percent of its market was in foreign countries (AECOM 2009). There is no doubt that international landscape architecture opportunities represent one of the best growth opportunities for future generations of landscape architects. Janet Rosenberg & Associates, headquartered in Toronto, Canada, is an award-winning firm that practices primarily in Canada and North America. Janet Rosenberg is recognized as one of Canada’s leading landscape architects, and she has pushed the

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Figure 2-11. Storm water swale at SEA Street in Seattle, Washington. Photos courtesy of Seattle Public Utilities.

Figure 2-12. Barrel Warehouse Park features ornamental grasses that suggest fields of grain. Photo courtesy of Janet Rosenberg + Associates.

boundaries of contemporary landscape architecture in Canada since starting her firm in the mid 1980s. The firm designed the Barrel Warehouse Park, a sophisticated space for the new downtown core of Uptown Waterloo, Canada. The park is located near the historic Seagram distilleries and is adjacent to two former barrel warehouses that have been converted into condominiums. The design features a large area of ornamental grasses suggesting fields of grains used in the distilling process. Large-scale industrial artifacts are also used as sculptural pieces, a throwback to the industrial heritage of the site. Plans for the park were developed in close coordination with the City of Waterloo through a public consulting process. Part of the project also featured

a streetscape design for a major arterial adjacent to the park. According to Glenn Herman, principal in charge of design at Janet Rosenberg + Associates, the firm used materials that had an industrial flavor. The park includes two large lawn areas, one with five contemporary benches made of concrete, wood, and galvanized steel that jut dramatically into the grass. The large-scale industrial artifacts used as sculptural elements in the park are very prominent visually. The design team found the pieces in scrap yards and developed the construction details to transform the derelict steel stuff into sculpture that reinforces both the history of the site and the contemporary underpinnings of the warehouses turned into condominiums (Herman 2005).

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Figure 2-13. Benches of concrete, wood, and galvanized steel hark back to earlier industrial days at Barrel Warehouse Park. Photo courtesy of Janet Rosenberg + Associates.

The Barrel Warehouse Park received a National Post DX silver award in 2004 from the National Design Exchange in Toronto. The Design Exchange has an interesting history that began in the 1980s. The national design excellence center was officially opened on September 21, 1994, by the prime minister. In 1996, the center was charged with a mandate to develop a permanent collection of the best Canadian design products designed since 1945 as well as a library and archive that includes plans of outstanding examples of design professional’s plans. Today the Design Exchange plays a central role in Canada, stimulating the debate over the role played by design in culture, industry and business. Check out the Design Exchange at www.dx.org. The Jinji Lake open space, park, and landscape plan for the City of Suzhou outside Shanghai, China, is a world-class project completed by AECOM’s Design + Planning (formerly EDAW, Inc.). The project won an ASLA design merit award in 2003. This project speaks to the opportunities for landscape architecture practice in China and the rest of the developing Pacific Rim, which includes China, Australia, Indonesia, Korea, Malaysia, Singapore, Thailand, Vietnam, Cambodia, Japan, Laos, and the Philippines. Jinji Lake is a natural centerpiece in a 70square kilometer development being developed to lure Fortune 500 investment to China. The Chinese and Singapore governments signed an agreement in 1994 to plan the Jinji lake waterfront community as a world-class environmentally

responsible mixed-use project—a new city for an international community. The Suzhou Industrial Park Administrative Committee (SIPAC) is the agency responsible for developing the project. By all accounts, the project has been hugely successful. At the end of June 2008, The SIP had attracted 3,299 foreign enterprises, including 77 Fortune 500 companies with foreign investment of $34 billion and Chinese companies with total investment of 129.57 billion RMB. In addition to the residential development needed to house the projected 600,000 worker population, the project also has attracted numerous hotels that serve the industrial community and others traveling to the new town as a destination. (For more information about the project, see the SIPAC Web site at www.sipac.gov.cn/english/). Design + Planning’s plan is a park and openspace system that rings the 1,829-acre lake and provides a wide variety of lakeside activities, including significant amounts of direct contact with the water’s edge along the 9-mile perimeter of the lake. The plan divides the lake into eight neighborhoods. Two of the neighborhoods, Cityside Harbor and the Grand Promenade, were completed by 2004. Each of the eight neighborhoods will have its own identity. Neighborhoods closer to the old city of Suzhou, on the western and northern shores of the lake, feature broad promenades and waterfront parks. In addition to Cityside Harbor and the Grand Promenade, these neighborhoods include Marina Cove and the Arts and Entertainment

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Village. Neighborhoods farther from Suzhou on the eastern and southern shores are planned for more passive recreation and have names such as Reflection Point. A primary design priority was complementing the water gardens and private landscapes of the ancient garden city of Suzhou. At the same time, SIPAC wanted to develop a complement to Suzhou using the best practices of the modern western landscape architecture profession. In traditional Chinese culture, gardens are developed behind the walls of palaces, temples or homes. They are often miniaturized encapsulations of nature. At Jinji Lake, Design + Planning designed a publicly accessible landscape that encourages gathering, celebration, and engagement in a festival plaza, a waterfront promenade, natural shoreline areas, a rolling park, a camphor forest, and many other park features. Local citizens have commented on the way that the Jinji Lake Park has improved their quality of life. The project is so successful that some of China’s mayors and other dignitaries have included Jinji Lake on national tours of significant public works projects, proving the value of the new type of landscape architecture in China’s dramatic modernization, which began in the last quarter of the twentieth century. Over 2 million visitors from outside Suzhou now visit the Jinji Lake Gardens. Design + Planning’s landscape architects conceived the design for Jinji Lake on eight principals:

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Develop a hierarchy of open spaces, elements, and functions that support different uses Design and interesting and dynamic waterfront open-space network Incorporate commercial and civic uses into the open-space system encouraging economic viability Provide variety in educational and recreational activities Create a unique identity for each of the neighborhood areas Establish a visually cohesive public pedestrian corridor around the lake Use advanced technological techniques for improving the water quality of the lake Orient residential streets toward views of the lake

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The lake park is a series of spaces and connectors that resonate culturally and exhibit exacting workmanship, promoting traditional Chinese craftsmanship and local materials such as granite and wood. Details are restrained but well executed. The color palette is natural and subdued. The plantings are indigenous and sustainable. In fact, the craftsmanship at Jinji Lake set new standards in China by which other public spaces are often judged. The parks at Jinji Lake are open day and night throughout the year. Subtle nuances are brought out through seasonal changes. Maintenance is well executed and the park is safe. On weekends, the park is crowded and enjoyed by Chinese escaping the confines of the old city to the airy, open, and welcoming landscape of the waterfront park. Check out the features of the park on AECOM’s Web site www.aecom.com (Chapman et. al. 2003, ULI 2006; also see the SIPAC Web site at www.sipac.gov.ca, and the ASLA Web site at www.asla.org). Since 1960, the world horticultural expo Floriade has been held every 10 years or so in the Netherlands. The first Floriade was held in 1960 in Rotterdam. The 1972 and 1982 Floriades were held in Amsterdam, and the 1992 expo was held in The Hague. Because horticulture is an important part of the Dutch economy, Floriade has been used as a venue to showcase the state of the art of horticultural practices and to tell the story of how the natural environment is good for the human soul. A goal of each of the Floriade expos is also to leave behind a public environment or iconic architectural statement for the benefit of the host city. The 2002 Floriade expo was opened by Queen Beatrix on April 5 of that year. By the end of the expo on October 20th, 2.1 million visitors had combed through 160 acres of water gardens, flower displays and educational exhibits. The 2002 Floriade was developed in a “polder,” which is an area of land reclaimed from the sea. The 2002 site evolved from the Haarlemmermeer polder, created in the 1840s, an area depressed 4 meters below the North Sea. The site was used for growing potatoes but has been reclaimed for residential and industrial mixed-use development. The public park that was adapted from the 2002 Floriade is

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now the centerpiece of the area’s recreational and civic open-space. The site plan for Floriade 2002 was designed by Dutch landscape architect Niek Roozen. It is a long, irregular area bisected by a highway and a military dike called the “Geniedijk,” which was developed as part of Amsterdam’s defense system in the late 1800s. The site plan includes three major sectors: ■

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The area around the roof, which is a large yellow overhead space frame. This part of the site plan is patterned after the geometric layout of the former agricultural fields. It is punctuated by a freeform valley area called the arcadia. The Big Spotters’ Hill and a dozen rectangular exhibit and garden spaces that float in alle´ es of water. The Big Spotters’ Hill is one of the main iconic elements that remain today in the public park. The lake section contrasts with the other two areas in its organic design planned around 20-acre lake.

A sweeping promenade slices through the park and passes beneath the Big Spotters’ Hill which is a 130-foot tall ziggurat. The top of the hill is reached by a set of purple stairs that end at an obFigure 2-14. Spotter’s Hill and the sweeping promenade that separates the man-made ziggurat from the water alle´ es and the rectangular exhibit gardens. Photo courtesy of Niek Roozen.

servation terrace capped with an impressively large kinetic sculpture by artist Auke De Vries. The hill is a breathtaking contrast to the typically flat Dutch landscape, and views of the Amsterdam skyline can be seen from the hill. Construction of the hill was a geotechnical challenge. After each 20-foot high level of sand was laid down to build up the topography, the earth structure was allowed to settle, while engineers predicted how the next level would react to compaction. After the soil construction was completed, the hill was seeded with grass to stabilize the slopes. The area below the Big Spotters’ Hill is a grid of islands separated by canals. The islands featured exhibits about home, work and recreation in the twenty-first century. Green roofs, sustainable housing, and exhibits on horticulture and landscape architecture were part of the island grid showcase. In life after the Floriade Expo, the 160-acre site provides a core to Haarlemmermeer’s open space. The site, however, was expanded to include a 740acre forest and recreation opportunities were increased including a golf course. Big Spotters’ Hill still remains as the centerpiece of the open-space and park system (Holden 2003) International landscape architecture projects abound today, designed by both American firms and foreign firms. The following list is a pre´ cis of

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some of the interesting projects at the start of the twenty-first century. ■

Lite-on Electronics Headquarters, Taipei, Taiwan. This building project is a 25-story tower that overlooks the Gee Long River. The building rises above a sloped landscape terrace covering most of the site. The landscape terrace, built over four levels of underground parking, slopes toward the river on one side and toward the center of the city on the other side. This site planning for the building maximizes views from the tower occupants. The terrace area provides security for the building, interesting views for occupants of the tower, good views for workers and others using the terraced landscape gardens, and a green roof that retains storm water and stores it for irrigation. The landscape terrace also provides insulation from the public spaces below the project site. The client’s design program included three goals: (1) Design an energy efficient, sustainable “green” building. (2) Integrate the building and site with the landscape. (3) Provide secure and functional outdoor space for passive use by employees and visitors. The landscape terrace or “podium” on the city side of the site slopes one story to the street where a vehicular entry point provides access into an atrium court. The larger “podium” on the river side slopes two stories to a boulevard and features another vehicle dropoff area. As the gardens slope away from the tower, levels of water features create visual and audio interest. The “podium” gardens are flanked on the street below by orchards of Camphor trees and Golden Rain trees. The open-space setting of the tower is a counterpoint to its dense urban context. It plays a major role in achieving the owner’s vision as a total “green” development. Conceived before LEED accreditation, this project, according to ASLA, was the first green roof envisioned and built by a private party in Taipei. Check out the SWA Web site, www.swagroup.com, to see the Lite-on Electronics’ headquarters and the firm’s long list of other international work.

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IT Park, Bangalore, India. A large central open space for the 40-acre information technology campus was designed by MESA, a recognized leader in international landscape architecture, planning, and urban design. The technology campus is located between the international airport and the heart of Bangalore. Entry to the campus from the adjacent highway access is flanked by a five star hotel. The mixed-use campus was planned to host Fortune 500 companies as tenants, catering to a fly-in and live-work culture that doesn’t require venturing into the city. The tall buildings create the peripheral edge of the campus with a large open space acting as a central park, featuring an urban plaza, fountains, water features, food courts, auto courts, tree groves, and diverse plantings. Hardscape patterns on the main axial road contrast with a curvilinear pedestrian path crossing the park. The pedestrian circulation connects the high-tech tenants’ workspaces and buildings. Check out the MESA Web site www. mesadesigngroup.com for the IT Park and other international work by this company with offices in Dallas, Madrid, and Dubai. Malmo, Sweden. In 2001, Sweden launched its first international housing exposition known as Bo01, which means “living 2001.” Malmo is Sweden’s third largest city and a fitting location for the futuristic urban development. The project was the first phase of a planned new urban area of Malmo, and the expo had a vision of demonstrating that it was a city of tomorrow, intelligently utilizing information technology, dignified welfare solutions, and pleasurable, sensual beauty in the built environment. The project included housing developments, temporary exposition buildings, and a garden exposition. The waterfront site was master planned by landscape architect Agnetta Persson, and landscape architecture was a focus of the expo. The master plan featured housing surrounded by parks and waterfront promenades. The urban project, according to Kenneth Helphand, FASLA, who visited the site in the summer of 2001, is a:

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[D]emonstration “green” city in multidimensional ways—both in terms of sustainability and as an urban form that is equally composed of buildings and courtyards, garden, parks, plaza, and esplanade. Local renewable energy sources include wind, solar power, and biogas that will heat and power the neighborhood. Surface water is drained off visibly in open gutters and miniature canals in alleyways before reaching the saltwater canal or Orensund. Automobiles have only limited access, with pedestrians and cyclists having priority in all areas. (Helphand 2002)

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The Ankarparken (Anchor Park) designed by landscape architect Stig L. Anderson, is characterized by a sinuous, wavy edge to long linear area of water. Adjacent to the edge are a series of landscape zones comprising local biozones, including alder swamp, beech woodland, oak woodland, and marine zone (Helphand 2002). You can see Stig Anderson’s Anchor Park and photographs of Malmo at the SLA Web site www.sla.dk. Punta Pite, Santiago, Chile. Punta Pite is a residential development on a 27-acre site located about 90 miles north of Santiago, Chile. The general planning of the overall project was carried out by Jose Penafiel Architects of Santiago, while the open-space and landscape planning was headed by Teresa Moller, also of Santiago. The site includes 29 lots of about three-quarters of an acre each located above the rugged cliffs that are the chief natural resource on the site. During the planning of the project, Teresa Moller suggested to the developers that the 29th lot be donated as open space, and it became the beginning of the open-space system, which also includes the actual faces of the dramatic cliffs. It is on the faces of the cliffs that the El Sendaro, or the path, is literally inserted into, on top of, through and alongside the

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jutting rocks. Moller describes her idea for El Sendaro as “a conversation with the rocks.” In fact, users of the pathway that is constructed of concrete and rocks may feel as if they have become one with the rock cliff. The path includes natural segments where it is easy to walk and to visually get one’s bearings until the next constructed part of the walk is needed. Wherever connections seem to be needed because the natural landscape doesn’t connect up well, Moller inserted concrete stairs, concrete and stone bridges, or other concrete and stone walking paths (Martignoni 2007). You can see the Punta Pite project and other works by Teresa Moller at her Web site, www.teresamoller.cl. Punta Pite is a fascinating project where open-space design treatments become one with the natural system, working symbiotically to create a whole that is more than the sum of the parts. Photographs of the stone cliffs and concrete and stone stairs come across as sculptural works of art. This is a project that one would probably never see built in the United States. At the very least, significant design tweaks would have to be implemented to meet federal, state, and local regulations and to appease anxious attorneys, not to mention compliance with the Americans with Disabilities Act. But it is projects such as Punta Pite that American designers can look to for inspiration for projects in the United States and look to for foreign practice opportunities. Architects Antonia Lehmann and Luis Izquierdo designed a number of homes for the Punta Pita project. The homes took on the layout and form of the rocky site they are inserted into. Constructed of stone, concrete and wood, the homes overlook the ocean and appear to grow out of the rugged landscape, almost glued into the narrow coastal sites. All in all, this project is an outstanding example of residential architecture and landscape architecture from South American professional practitioners. Kubu River Hippo Marsh Exhibit, Werribee Open Range Zoo, Melbourne,

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Australia. Finally, the world down under is another place for the international practice of landscape architecture. In 2009, the Australian Institute of Landscape Architects (AILA), which began in 1966, listed 1,037 registered members. To become a registered landscape architect in Australia, one must complete a degree in landscape architecture from a program accredited by the AILA. After 2 years of experience, graduates may obtain full professional registration. In 2008, the AILA annual professional awards program recognized the work of Urban Initiatives, Pty. Ltd., one of Victoria’s most established and respected landscape architecture and urban design firms, with an award of excellence for its $6.4 Million (AD) Kubu River Hippo Marsh Exhibit at the Werribee Open Range Zoo, located 35 kilometers from the city center of Melbourne, Australia. A total of 71,936 plants were used on the project, including 69,312 wetland plants used in the development of a biofiltration system designed to mitigate the possibility of high levels of E. coli that could become a biohazard to the zoo animals and zoo visitors. The wetland treatment system includes open, interconnected water bodies designed to resemble the floodplain of the Okavango delta of Botswana. All water from the three hippo ponds is filtered through the wetland system, which removes suspended solids, traps and physically removes organisms, and decreases nutrient levels. The total capacity of the system, including the wetlands is approximately 4.5 million liters. The use of such a system is not known to have been previously applied in a zoo exhibit. Immersed in the hippo marsh landscape and guided interpretively by people of the “Pula Reserve” tourism cooperative, visitors are introduced to the unique in-situ issues of people coinhabiting the Okavango with hippos (AILA 2008). Visit the Urban Initiatives Web site to see the Kubu River Hippo Marsh Exhibit and other examples of work being done down under at www.urbaninitiates.au.

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3. Community Development and Multifamily Housing

From new towns and planned housing communities to condominium and apartment complexes, housing is one of the largest segments of privatedevelopment opportunities for landscape architects across the United States and throughout the world. Landscape architects may be involved from the earliest stages of housing projects, providing site selection, environmental assessment, rezoning, code compliance, and site planning services, to the last stages of the project when the site improvements and landscaping are designed for project entries, streets, landscape buffers, visitor centers, model home complexes, open space, and site amenities. Developers of multifamily housing projects, particularly higher-density projects, such as highrise condominium, town house and apartment projects, may provide the most valuable housingsector client and project opportunities for the landscape architect. Multifamily housing projects include open-space and outdoor recreation areas, which are key elements of the landscape architect’s design domain. Open-space and pathway systems for walking, jogging, and horseback riding; swimming pools and spas; beachfront development; tennis courts and golf courses; playing fields; children’s play areas; and canals and waterways for boating and conservation are all facilities planned and designed by landscape architects for privatesector multifamily housing developments. Seawatch is a 24-acre housing project of 51 units on the northern tip of Gasparilla Island off the southwest Florida coast. The southern end of the island and the quaint village of Boca Grande were developed in the 1920s as a railroad port. The northern area of the island, about 300 acres in size, was developed in the 1960s, and native vegetation was typically stripped and topography flattened to make way for new developments. In the early 1980s, 24 acres of the cleared land were purchased by the developer of Seawatch with the intent to develop homes in a reconstructed native landscape. The project, which received an ASLA Design Award in 1989, was designed by landscape architects Burner & Company of Fort Myers, Florida. In collaboration with the project architect, Burner

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Figure 2-15. Walks paved with crushed shells slice through dunes stabilized by plantings of sea oats and sea grape at Seawatch. Photograph courtesy of Burner & Company.

Figure 2-16. The entry point at Seawatch features large laurel figs, coconut palms, and hundreds of dwarf bougainvillea. Photograph courtesy of Burner & Company.

& Company carried out an extensive analysis of the island’s old village and other nearby residential communities to come up with a strategy for the Seawatch master plan and to determine the elements that would give the project identity and character. The consultants attempted to create the site and architectural characteristics of the Old Florida style of development that was evident in the nearby communities they studied in their analysis phase. Walls, tin-roofed cabanas, lattice fences, and pathways paved with crushed shells are some of the design features introduced to achieve the Old Florida look. The landscape architects altered the existing topography to create an intricate system of dunes reminiscent of natural seaside landforms. The character of a quaint seaside village was achieved by clustering the dwelling units in a radial pattern that preserved ocean, views for all. Unifor-

mity of building and plant materials was used to strengthen the identity of Seawatch. Coconut and Sabal Palms were used as skyline elements. Buttonwood trees were introduced as a shade tree. Sea oats and sea grape were planted to stabilize the dunes, and bougainvillea was introduced in dramatic bands of color throughout the site. The landscape architects designed recreational amenities that included tennis courts, swimming pools, and a croquet court (Landscape Architecture November 1989). Located in Scottsdale, Arizona, Desert Highlands is a successful planned residential and recreational community for which Gage Davis Associates provided master planning and landscape architectural and architectural services over a period of 5 years. The project exemplifies a planning approach that harmoniously blends an understanding of the site with the desires of the client. The 850-acre

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project, located on the south slope of Pinnacle Peak, a prominent landform of the McDowell Mountains in Scottsdale, includes a dramatic golf course designed by Jack Nicklaus as the project’s centerpiece. The site is characterized by lush Sonoran Desert vegetation, numerous dry desert washes, and eyecatching boulder formations. Thoughtful integration of built elements of the project with the desert landscape resulted in minimizing visual impact, a prime goal of the project, achieved through careful orchestration of design guidelines; codes, covenants, and restrictions (CC&Rs); and conceptual design by the planners and landscape architects. The designers laid out home sites with recommended building areas in order to preserve a goal of 50 percent or more of the natural desert vegetation on each lot. Extensive efforts to salvage and transplant giant saguaros (Carnegiea giganted) and native Palo Verde trees supplemented the preservation efforts. The golf course clubhouse is a good example of the efforts of Gage Davis Associates to blend architecture with the native landscape. Working with clubhouse architect William Zmistowski Associates, the firm designed exterior terraces that cascade down the slope of a large boulder formation. The lowest terrace integrates the swimming pool and spa with boulders and desert vegetation to form a cool desert retreat. Another series of pools and a meandering creek provide an oasis area adjacent to the practice putting greens, complemented by a desert interpretive trail. The organic shape and brown color of the stucco finish make the clubhouse appear to be an extension of the boulder formations. In fact, the architecture and landscape architecture are so artfully blended that visitors have to look twice to see that a major construction effort has been carried out on the clubhouse site. Merging the natural and built environments has long been a theme in residential design by landscape architects, and the successful efforts by Gage Davis Associates at Desert Highlands were rewarded when the project received an ASLA Honor Award in 1989. The mixed-use, master planned community of WaterColor on northwest Florida’s gulf coast is an outstanding project that received a 2004 Urban Land Institute (ULI) award of excellence for the master planner—Cooper Robertson & Partners, New York, New York. The project also won

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two ASLA annual awards for its landscape architecture firm—Nelson-Byrd Landscape Architects. WaterColor received an analysis & planning award in 2002 for Nelson-Byrd’s landscape master plan, and the firm won a national award again in 2003 for its design of Cerulean Park, WaterColor’s central park. WaterColor is a 499-acre project, developed by the St. Joe Company of Jacksonville, Florida, that celebrates the natural environment of its setting and the regional vernacular architecture of northwest Florida, an area often thought of as one of the epicenters of new town and community planning in the United States. The community’s master plan harks back to elements of traditional small towns found throughout the American South, including pedestrian accommodations such as trails and sidewalks, homes with wraparound screened porches and deep roof overhangs, community buildings, and strategically located public parks and common areas. WaterColor encourages a sense of community. The planned environment facilitates interaction among residents, enhancing the way people live, work, and play. WaterColor includes over 1,100 residences, a beach club, a tennis club, a golf club, a fitness center, a 60-room inn, office and retail space, a boathouse on an inland lake and an extensive network of parks and woodland trails. Nearly half the site is allocated to open space. The WaterColor landscape master plan incorporated the use of native plants to conserve resources, encourage community gatherings in expansive parks, attract butterflies and birds, and merge seamlessly with natural preservation areas. The landscape architects developed a landscape master plan that was tuned into the beautiful and distinct natural plant communities found on the site, including beach strand, back-of-beach strand, sand oak forest, sand pine forest, and wetland marshes. The site’s plant communities also include a number of endangered species and carnivorous plants. The landscape architects were coauthors of the project’s pattern book, which guided the development of the community and included the residential codes. Details such as hedge and fence treatments and the recommended plant palette are covered in detail in the pattern book. The plant list is organized into categories such as water plants,

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Figure 2-17. Site plan of the golf club house patios, pools, and desert oasis area at Desert Highlands planned residential community in Scottsdale, Arizona. Drawing courtesy of Gage Davis.

dune plant cover, thickets, and various sizes of trees and shrubs. The centerpiece of WaterColor is a 600-foot long central park that showcases the philosophy Nelson-Byrd Landscape Architects developed in

the landscape pattern language. The park incorporates the preservation of native pine trees as a counterpoint to the introduction of grass lawns and gardens planted with flowering shrubs, annuals, and perennials. The park also includes a

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340-foot long narrow canal punctuated by an oval water feature studded with lilies and reeds. A wooden bridge bisects the pond and provides seating for direct contact with the aquatic plant community. The use of the non-native plants was intentionally planned to draw in butterflies, birds, and bees. The design theme serves an educational function, illustrating the use of native plants in conjunction with the noninvasive non-natives. The designers hope that homeowners will stroll through the park and be inspired for their own private plantings. In another part of the WaterColor open-space system, a shell pathway is interconnected with wood bridges. The pathway ends at a preserved marsh area with the wooden bridge system dramatically jutting out into a fresh water lake. Check out the project on Nelson-Byrd’s Web site under the firm’s new name, Nelson Byrd Woltz Landscape Architects, at www.nbwla.com (Mays 2003). Just across the United States border in the town of Richmond, British Columbia, lies the mixed-use housing community Imperial Landing. The rich history of the coastal area goes back to 1827 when the Hudson’s Bay Company began curing salmon at the mouth of the Fraser River. The fishing industry and commercial canning operations picked up steam in the 1890s when the Imperial and Brunswick canneries began operating there. Ultimately, this coastal community became the home of the largest commercial fishing fleet in British Columbia and a salmon-processing center. Planning the Imperial Landing project, which is actually located in the fishing village of Steveston, was initiated by the B. C. Packers Company, which flourished in Steveston from 1928 to 2001. In 1996, the company engaged a team of consultants to plan for the disposal of its lands, and Perry & Associates of Vancouver served as site-planning consultants and designers of the waterfront park and trail. The idea was to be able to transfer to a single buyer a site for a new mixed-use community with infrastructure in place, sites for multifamily homes designated and an open-space system designated and partly developed. The planning effort included hundreds of meetings with town representatives and residents. One of the design concepts for the project was to introduce housing, while not losing reminders of

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the rich past. The open-space system designed by Perry + Associates includes a promenade located above a dike along the Fraser River and provides an overlook of shoreline features. The walkway included a boardwalk that serves as a spine where users can see relics of the fishery and cannery past. The open-space network serves as a regional destination, but its main role is to serve thousands of residents living in new town houses and condominiums by providing opportunities to meet neighbors, relax or get fit. Check out the project on the Web site www.perryandasscociates.ca (Enlow 2005; see also the Richmond, BC Web site at www.richmond.ca). At the turn of the twenty-first century, Stapleton, Colorado, could arguably be called one of the premier sustainable housing projects that has emerged in the United States, primarily because of its size and ambitious “green” agenda. The Stapleton plan has received numerous awards, including the 2002 Stockholm Partnerships for Sustainable Communities Award, the 2005 Denver Regional Council of Governments MetroVision Award, and the Urban Land Institute’s 2006 Awards for Excellence: The Americas Competition. Stapleton International Airport served as Denver’s municipal airport from 1929 to 1995. In 1989, when the decision was made to move the airport to the present Denver International Airport site, the citizens of Denver engaged the planning process for the old airport site. Over a 6-year period from 1989 to 1995, a community vision evolved calling for a new approach to development, a real-world example of sustainable development on a significant scale. The Stapleton Development Plan, known as The Green Book, was the result of countless community meetings and thousands of hours put in by professionals and volunteers. The plan describes a physical, social, environmental, economic, and regulatory framework intended to guide the transformation of the site. Emerging over three decades on the Stapleton site will be a network of urban villages, employment centers, and significant open spaces. In 1999, Forest City Development was selected to be Denver’s private development partner in the implementation of the Stapleton Development Plan. Stapleton’s 4,700 acres or 7-1/2 square miles will be one of the nation’s largest urban infill developments. Stapleton is planned for more than

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Figure 2-18. Homes and open space at Stapleton, Colorado. Photo courtesy of Forest City Stapleton.

12,000 homes, 3 million square feet of regional shopping centers and village retail space, 10 million square feet of office and industrial space, and more than 1,100 acres of parks and open space. Stapleton’s overall development costs could well exceed $6 billion. Centrally located 10 minutes east of downtown Denver, Stapleton eventually will be home to some 30,000 residents and 35,000 workers. It will be a model of the so-called new urbanism movement, which recognizes walkable, humanscaled neighborhoods as the building blocks of sustainable communities (ULI 2005). 4. Streetscape, Transit Projects, and Road Beautification

Road beautification and urban street development for pedestrian use and enjoyment have become staples of many landscape architecture offices. One of the main reasons for this is the huge amount of tax dollars that goes into funding new transportation improvements and rehabilitating existing transportation improvements across the United States. In 2006, the ASLA awarded the Olin Partnership a design Award of Honor for its redesign of the historic 148,000-square-foot Columbus Circle in New York City at the southwest corner of Central Park. Columbus Circle, which was part of Frederick Law Olmsted’s original plan for Central Park, has been redesigned numerous times since it was first built in 1905. Having long been neglected and hardly used by pedestrians for a generation, the

circle, which stands near the center of Manhattan, has been restored in grand fashion with a rebirth of the circle as a successful public space. In 2001, the Olin Partnership and collaborating engineers came up with a design that has transformed the space into a powerful setting, attracting visitors to its vibrant plantings, fountains, striking benches, paving, and lighting. The design concept envisioned the circle as not only the center of NYC but also the center of the universe. The project presented significant design challenges. For starters, Columbus Circle is at the intersection of three of NYC’s major streets: Broadway, Eighth Avenue, and 59th Street. Two subways and an elaborate network of subsurface utilities honeycomb the circle. A deeply buried mechanical room also served the small fountain that was at the base of the Columbus Circle monument. The Olin Partnership’s design includes a series of concentric rings that buffer the traffic, while keeping the monument at the center of the circle. The previous small fountain that surrounded the base of the monument was removed and replace with a central plaza. Visitors can now approach the monument to read the inscriptions and view the relief sculptures. They can congregate in the middle of the circle, which was not possible before the renovation plan. New fountains that encircle the central space were introduced, and the fountains help to mitigate the noise of surrounding traffic. They also provide cooling for users of the public space during hot summer months. Custom-designed benches of ipe wood allow users to sit back to back and face

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Figure 2-19. Columbus Circle, Manhattan, New York redesigned by The Olin Partnership. Photo by Alysa Nahmias.

either inward toward the monument or outward toward the plantings and fountains. The design of the Columbus Circle improvements was a complex challenge involving the Olin Partnership’s landscape and building architects with civil engineers, structural engineers, fountain design consultants, electrical engineers, and lighting consultants. The firm also coordinated with the metropolitan Transportation Authority, the developer of the Time Warner Center, and other organizations and departments of the City of New York, such as the City Planning Office, the Department of Parks and Recreation, the Central Park Conservancy, the Art Commission, the Landmarks and Preservation Commission, and various neighborhood boards. Columbus Circle is now a vibrant, people-oriented foyer to Central Park. Highway beautification and roadside landscaping are important areas of landscape architecture practice and an area of highway improvements that landscape architects have been involved with for decades is highway overpasses. Washington is one state that seems to have cornered the market on awe-inspiring highway overpasses. One of the most impressive ever is Lawrence Halprin & Associates’ Freeway Park in Seattle. Opened in 1976, Freeway Park, which is built over Route 5, remains one of the most compelling landscape architecture statements in the country. The park is defined by a series of irregular, linked plazas that are intertwined and

Figure 2-20. Edge detail and annuals at Columbus Circle, Manhattan, New York. Photo by Alysa Nahmias.

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enclosed by board-formed concrete planters and walls. Not to be outdone, the concrete, earth, and landscape land bridge over Route 14 in Vancouver, Washington across the river from Portland, Oregon, is another world-class highway overpass completed in 2008. The project won a number of design and community awards including: ■

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The Land Bridge is much more than a highway overpass. Designed by Johnpaul Jones, a partner at the firm Jones & Jones, Architecture and Landscape Architecture, the bridge connects the historic, reconstructed Fort Vancouver, a National Historic Site, to the city’s Columbia River waterfront. The bridge is an important walking, jogging, and bicycling trail with an interpretive program. It is actually a parklike amenity. The trail winds around an earth mound and then meanders to an arc-shaped 40-foot-wide bridge over the highway and ramps down to meet up with an existing trail that connects to the riverfront. Along the way, three circular overlooks provide the nodes for much of the interpretive content of the Land Bridge experience. The interpretive program celebrates people, land, and water in both the English language and in languages of native peoples who formerly inhabited the area. Structural engineering of the Land Bridge featured 15 different retaining wall designs, including soil nailing, cast-in-place, and cantilevered walls. KPFF Consulting Engineers of Portland, Oregon, were the structural engineers for the project. They had to work diligently to convince highway engineers to allow the unique walls, which had never before been used on a highway structure. The engineers had to devise a structural system that could span the six lanes of traffic below, carry significant additional dead loads caused by the deep

soil mediums, and maintain a slender structure that provided the required vertical clearance above the SR14 roadway as well as a future I-5 interchange ramp. The structural engineers had to analyze and model the complexities associated with the unique, tightly curved geometry, and variable soil-loading patterns. Landscape architects aided the structural engineers by specifying a lightweight soil matrix that reduced soil weight by 50 percent. The Land Bridge uses a sustainable planting design palette of vegetation that is native to the Willamette Valley region. Over 100 plant species were specified from four plant communities, including grassland, dry prairie, wet prairie, and the bottomland hardwood association. A well on the National Park Service site was used for grow-in purposes, but the garden is designed to grow on water captured directly in the planters and on water harvested in a gutter system that feeds into a rain garden on one side of the path and into a cistern on the other side. Water is pumped from the cistern to irrigate plants and the well on the NPS site is available for back up if needed. The Land Bridge is a widely acclaimed upgrade from the typical cage-enclosed structure that had been planned in the 1980s for the location. The Land Bridge will serve the one million or so visitors per year to Fort Vancouver and will continue to become a valuable amenity for residents living near the bridge (Enlow 2009; Shell and Whittington 2009). Beginning in the 1980s American cities began a fascination with light rail systems designed to relieve highway congestion, service downtown areas with public transportation alternatives such as trolleys, and improve public health through reduction in auto emissions and vehicular congestion. Some cities that have developed modern light rail, trolley, or street car systems particularly in the 1990s and 2000s include Portland, San Diego, Dallas, Denver, Phoenix, Salt Lake City, Sacramento, San Jose, Minneapolis, Houston, Little Rock, Memphis, Charlotte, and Tampa. These public works projects have provided numerous planning and design opportunities for landscape architects, and continued improvements to existing light rail systems, as well as systems that will be developed in new cities, will provide future opportunities for landscape architects.

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Figure 2-21. The Land Bridge Vancouver, Washington. Photo by Bruce Forstser courtesy of Jones & Jones, Architecture and Landscape Architecture.

Fifty years after streetcars went out of service in Minneapolis the Hiawatha Light rail system has been developed to bring back light rail transportation to the twin cities metropolitan area. The URS Corporation was hired by the city to provide project management, design, and construction oversight. URS led a team of Minneapolis architects, artists, landscape architects, and engineers to create the custom designs for the 17 stations on the light rail line. Each station was designed to reflect site specific elements of the surrounding urban community. The 12-mile starter system cost about $715 million and was Minnesota’s largest public works project at the time of construction. The new light rail system in Phoenix actually serves three interconnected cities: Phoenix, Tempe, and Mesa. The long-range planning for the light rail project began in 1985, when county voters approved an increase in local sales taxes to fund seed money for the project and create a regional public

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transportation authority—Valley Metro. The cost of the 20-mile starter system was $1.4 billion including financing costs. Funding sources included a $587 million federal New Starts grant and $59 million federal Congestion Mitigation and Air Quality grant. The rest is funded with local sales taxes in Phoenix and Tempe, and General Fund monies in Mesa, with a small portion of the 20-mile starter line funded by the county’s half-cent sales tax. The city of Phoenix will pay for construction of a new Northwest Extension and the city of Glendale, west of Phoenix, passed a sales tax to pay for a future extension to its downtown. In December 2008 the first 20-mile starter line of the METRO light rail system for Phoenix started accepting passenger in state-of-the art light rail vehicles with a modern, streamlined design. The initial METRO system includes 28 stations, which provided opportunities for landscape architecture involvement in the project. One such project is the Tempe Transportation Center designed by the architecture firms Architekton and OTAK with LEED Consultant: Natural Logic Inc. and landscape architect A Dye Design, a Phoenixbased landscape architecture firm. The project received a number of awards, including a Smart Growth Achievement Award from the U.S. Environmental Protection Agency in 2009. The facility was recognized by the EPA as a model for sustainable design, a vibrant, mixed-use regional transportation hub that incorporates innovative and green building elements tailored to the desert environment. The Tempe Transportation Center is a true multi-modal facility that integrates a METRO light rail stop, the city’s main bus station and the Bicycle Cellar, a full-service bicycle commuter facility with secure bicycle parking, showers, lockers, bicycle sales, and rentals. A Dye Design (www.adyedesign.com) established the basic landscape design premise for this multi–award-winning LEED-certified transit plaza as the intersection of the desert and the city. The design interprets the desert geology of Tempe Butte, a striking landform adjacent to the site, onto the plaza’s hardscape materials along with the desert plant materials. The pavers used at the center are a delightful mix of tan, red, green, and gold. The firm designed the green roof and adjacent light rail station near the ASU campus. The

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Figure 2-22. Phoenix METRO light-rail train stop.

firm collaborated with public artist Lorna Jordan (www.lornajordan.com) to design the origami garden at the transit center. Plant selection and soil medium for the roof garden was a challenge given Tempe’s hot desert climate and annual rainfall of 9.36 inches. A Dye Design chose drought-tolerant native species, such as bear grass and Rocky Point ice plant, with the goal that selected plants will be self-sufficient without watering once they are mature. A 15,000-gal rainwater recovery system provides water for drip irrigation. Dramatic use of steel structures, fabric shade awnings, green screens, and steel site furniture add to the twenty-first century design footprint for the Tempe Transit Center (see www.valleymetro.org). 5. Parks and Outdoor Recreation Facilities

On the public sector side, you have a huge park development history in the United States, including federal, state, and local government jurisdictions. On the private sector side, you have mountain and seaside resorts that feature outdoor recreation amenities, golf courses, theme parks, tennis centers, water parks, family fun centers, outdoor amphitheaters, wildlife theme parks, and ski areas. Public and private developers of parks and outdoor recreation projects arguably provide the most important sources of clientele and projects for landscape architects. While thousands of examples of park projects could have been cited here, space

allows only a cross section of interesting parks and private recreation developments that have been designed by landscape architects in the last part of the twentieth century and the first part of the twentyfirst century. The South Cove Waterfront Park in Battery Park City at the southern tip of Manhattan, for example, is part of an open-space system in the 91-acre landfill project. The South Cove Park, designed by the landscape architecture firm Child Associates, Inc., lies on the west side of the southern tip of Manhattan and provides views of the Hudson River and the Statue of Liberty. The threeacre park serves residential communities in Battery Park City, as well as other nearby residential areas and Wall Street workers. The park provides a place to walk, jog, bike, or sit and take advantage of the outstanding scenery of the New York City harbor activities (Landscape Architecture November 1989). The Louisville waterfront master plan developed by the landscape architecture firm Hargreaves Associates is another example of an ambitious plan for outdoor recreation and park facilities intended to reunite the people of Louisville with the city’s reason for being—the Ohio River. For the people of Louisville and surrounding communities, the Ohio River is a powerful force in daily life. The city’s history and present image are intertwined with commerce and industry on the river. The city’s waterfront, like that of many river-oriented cities, is

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(D)

Figure 2-23. (a) A bus shelter at the Tempe Transit Center; (b) Facilities at the Bicycle Cellar at the Tempe Transit Center include bike storage, a workshop area, showers, and lockers for bicycle commuters; (c) An information kiosk at the Tempe Transit center; (d) the METRO stop at the Tempe Transit Center.

an industrial landscape severed from its downtown by elevated freeways, leaving the waterfront inaccessible. At the end of the twentieth century, Louisville had outgrown its dependence on its wharf and industrial waterfront. Hargreaves Associates’ plan reclaimed the industrial landscape, providing linkages to the waterfront. Through an open and interactive public design process, the firm developed a flexible and powerful master plan. The plan created a dialogue between city and river, redefining the context of the urban waterfront park and its relationship to traditional urban activity. The plan, which won an ASLA Merit Award in 1992, featured a public plaza on the riverfront for festivals and daily use and a riverboat landing. A

14-acre great lawn area flows under the freeway and provides a centerpiece for the waterfront design. It serves as an informal amphitheater and public gathering place. Conceptually, the great lawn reenacts the original settlement of Louisville’s banks as a clearing in the woods. The tilted plane of the lawn mitigates the barrier perception of the elevated freeway by lowering the ground under the freeway structure and opening views between downtown and the river. A linear park of inlets, landforms, paths, and other features follows the waterfront edge, reflecting the flow of the river and providing opportunities for people to experience the river. The inlets provide riparian habitats for native plants and animals. The islands provide deflection barricades,

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Figure 2-24. South Cove Waterfront Park, designed by Child Associates in Manhattan, New York. Photograph by Cymie Payne.

protecting the shore from the wave action of barge traffic on the river and creating a safe channel for small watercraft. At one point in the linear park, an abandoned railroad bridge will be adapted to provide bicycle and pedestrian access to the Indiana side of the river. By 2009, three phases of the Louisville waterfront master plan had been constructed totaling $95 million and almost all of Hargreaves plan has been implemented. The National Semiconductor Employee’s Recreational Park, according to its designers, the landscape architecture firm of Royston, Hanamoto, Alley & Abbey, offers a striking demonstration of the profession’s role and importance in shaping our landscape. The project is a visionary corporate park conceived as a sanctuary for employees to enhance corporate unity and morale. The park master plan accommodates 9,000 National Semiconductor employees or 3,000-person departmental gatherings, while being an integral part of employees’ daily lives.

The 14-acre site in Santa Clara, California, a former dump and rubble field engulfed by warehouses, parking lots, and freeways, was selected to be transformed into a park for daily respite and weekend retreat for employees of the National Semiconductor Corporation. The rubble was graded into mounds that, along with jet-spray fountains, mitigate noise from the adjacent highway. A 1.5acre irregular lake, a 1,000-seat amphitheater, a brick dance floor, quiet paths, picnic areas, ball fields, formal groves, and informal massing of trees give form to the site. A dramatic, five-story black chain-link interpretive structure, the park’s centerpiece designed by landscape architect Harold N. Kobayashi, ASLA, serves as a giant picnic canopy in the park (Landscape Architecture November 1990). Set within the natural vegetation of the park are diverse elements for active and passive recreation: a 1-mile jogging course located on top of the perimeter berms, large-group picnic areas, a dance and stage area, a children’s play area, a 1,000-seat amphitheater, a soccer field, ball field, open-play fields, racquetball, and many private picnic areas. Both formal public spaces and informal private niches are structured to serve diverse nodes of activity, and employees, only a few hundred yards from their work, have a place to eliminate the stresses of Silicon Valley. Designing recreation projects for privatesector clients offers landscape architects opportunities for specialization. In order to be effectively designed, many types of private outdoor recreation developments, such as ski areas and golf courses, require specific knowledge of the activity and how it is carried out. Knowledge of the landscape setting and the site requirements is also important. Developers are drawn to the firms that have established track records in planning and designing these specialized outdoor facilities. Because of large investments and keen competition associated with private outdoor recreation projects, the developer usually doesn’t want to take a chance with an inexperienced firm. Specializing in a specific type of private outdoor recreation development can provide a good niche market for a landscape architecture firm. The Ventana Canyon Planned Community and the Ventana Canyon Golf and Racquet Club in Tucson, Arizona, is one of the Southwest’s outstanding housing communities designed around a

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Figure 2-25. The Louisville Waterfront master plan. Courtesy of Hargreaves Associates.

Figure 2-26. The Louisville Waterfront in 2009. Courtesy of Louisville Waterfront Corporation.

golf course as the outdoor recreation feature of the development’s open-space system. The open-space network also features preservation of the interesting and dramatic Sonoran Desert landscape. Design of the resort hotel’s landscape was the responsibility of the San Francisco landscape architecture firm Perry Burr & Associates, in conjunction with environmental consultants Steven W. Carothers, Inc., and the Tucson landscape architecture firm Harmony & Associates. In addition to preserving large areas of the native vegetation, which includes the unique Giant Saguaro (Carnegiea gigantea) and the

Velvet Mesquite (Prosopis velutina), landscape architecture plans for the project included salvaging and relocating large specimen plants of both saguaros and mesquite trees on the site. The project received an ASLA Merit Award in 1985 (Landscape Architecture September/October 1985). The golf course at the Ventana Canyon Golf and Racquet Club, designed by Tom Fazio, has 36 holes divided into the Canyon course and the Mountain course. The Ventana Canyon golf courses have twice received numerous awards from the Golf Magazine, Golf Digest, Travel & Leisure, Conde´ Nast, and others as

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Figure 2-27. Master plan of the National Semiconductor Employee Recreational Park. Courtesy of Royston, Hanamoto, Alley & Abbey.

Figure 2-28. Aerial photograph of the National Semiconductor Employee Recreational Park. Photograph by Steve Proehl.

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one of the best resort courses in Arizona and one of the nation’s best golf courses. The third hole on the Mountain course at the Ventana Golf and Racquet Club is recognized as the signature hole of the course. According to Tom Fazio, this hole is a good example of what he strives for in designing a short hole. He tries to visually intimidate the golfer, yet make the hole easier to play than it looks. It is an excellent example of another Fazio design philosophy—he allows the golfer, wherever possible, to see the green on a par-three golf hole. Fazio has claimed that the third hole at Ventana is the shortest and most expensive golf hole he has ever designed. The green is surrounded by the awe-inspiring Sonoran Desert landscape of the Santa Catalina Mountains that border the north side of Tucson. Preserving and dramatizing the Sonoran Desert landscape is another hallmark of the design of the golf course. The fairways at Ventana are planted with Bermuda grass for its toughness and compatibility with the hot, arid climate of Tucson. The greens are carpeted with bent grass. Many of the golf holes have been designed in the spirit of the target golf concept, where tees are usually elevated and the golfer shoots over an area of natural or enhanced desert landscape to fairway and green targets. This concept is particularly appropriate to desert environments because it reduces the amount of turf area, resulting in less water being used overall. The target concept also allows more of the natural landscape to be preserved, and in the case of the Sonoran Desert landscape, the result is a picturesque and highly appealing golf course. Off-leash dog parks are a new type of park and outdoor recreation opportunity that began occurring in the early 1990s but picked up steam after 2000. The dog park is a great socializing venue not only for man’s best friend but also for dog owners, who come and interact with other dog owners. Today, there is hardly a city that doesn’t have at least one off-leash park. Cosmo Park in Gilbert, Arizona, is a large offleash park that offers canine users a wide range of activities, including a water experience. The offleash area was rated the number one dog park in America in 2007 by DogChannel.com, the Web site for dog lovers.

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Figure 2-29. The third hole, a par 3, on the Mountain Course at Ventana Golf and Racquet Club, Tucson, Arizona.

Figure 2-30. The view from the championship tee on the fourth hole of the Mountain course at Ventana Golf and Racquet Club illustrates the target concept of fairway design.

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Cosmo Park was designed by J2 Engineering and Environmental Design of Phoenix. The park had an interesting beginning that was tied to the Arizona Department of Transportation’s highway planning in Gilbert and the need for a number of retention basins to handle storm water runoff from the highway. A series of three storm water basins were developed including Cosmo Park. Cosmo Park is 16 acres in size and includes a playground (in the shape of a paw print), a basketball court, a restroom building, picnic sites, and multi-use fields. The lowest elevation includes a permanent water basin area used as the source for irrigation. The permanent water, which is supplemented by storm water, is supplied from a perched aquifer. It provides a lake that is one of the highlights for canine users and instrumental in the training of police dogs. Landscape architects and engineers from the J2 worked with the Town of Gilbert’s Police K-9 Unit to design dog-play structures that could be used for training purposes. The K-9 unit custom-designed much of the dog equipment, such as a window jump, pyramid, cat walk, tunnel, and water dock, and J2 developed the designs and prepared construction documents for the K-9 equipment (Hill 2008). In Landscape Architecture, the magazine of the American Society of Landscape Architects, in October 2009 the High Line in New York’s West Side is described like this: “In one of the most ambitious feats in recent landscape architecture history, a derelict elevated rail trestle has been transformed into a stunning new type of public open space.” The High Line runs through three Manhattan neighborhoods: The Meatpacking District, West Chelsea, and Clinton/Hell’s Kitchen. When the High Line was built in the 1930s, these neighborhoods were dominated by industrial and transportation uses. Today, many of the warehouses and factories have been converted to art galleries, design studios, retail establishments, restaurants, museums, and residences. The High Line project is the result of a very complex park-planning process involving a private/public partnership, extraordinary design vision, and dogged determination by Friends of the High Line, a 501(c)(3) nonprofit group started by the two men that had the initial vision for the project—Joshua David and Robert Hammond. The

cofounders advocated for the High Line’s preservation when the structure was under threat of demolition in 1999. Friends of the High Line successfully worked with Mayor Michael Bloomberg and the New York City Council to reverse a city policy favoring demolition to one ensuring the High Line’s preservation through the federal Railbanking program. Friends of the High Line also spearheaded the design process for the High Line’s transformation to a public park, partnering with the City of New York on an international design competition that eventually selected the team of James Corner Field Operations (landscape architecture) and Diller Scofidio + Renfro (architecture). When Hammond and David first noticed the potential for the project, they merely wanted to preserve the derelict rail line from being torn down in the name of progress. The abandoned elevated railway had become naturalized by a colony of wild flowers, meadow grasses, and weeds that actually inspired much of the planting concept once the project was under design. It was a cornucopia of urban architecture and visual enjoyment, including excellent vistas of the Hudson River. The two cofounders built a successful grassroots movement that continues today. In the beginning, the Friends of the High Line commissioned a study proving that the project could add $250 million in tax benefits over 20 years. After Michael Bloomberg was elected mayor and took office in 2002, the High Line project served as the impetus for the NYC Planning Department to rezone the former industrial area around the High Line for mixed use with special design guidelines for development adjacent to the High Line. The rezoning project, completed in 2005, has led to some of New York City’s significant architecture, including the Standard Hotel, designed by Polshek Partnership, a “concrete and glass neo-Brutalist monolith that literally straddles the High Line but does not touch it.” The rezoning used an innovative transfer of development rights (TDR) method, which has spurred the development of more than 1,000 residential units and 2 million square feet of commercial space in West Chelsea. The central design feature of the High Line is a striated concrete plank deck system that features unique varying widths and open cracks that allow plants to peek through the deck into the walkways. Benches and site furniture for the High Line

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Figure 2-31. Site plan of Cosmo Park. Courtesy of J2 Engineering and Environmental Design, LLC, Aaron Allan, lead landscape architect.

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Figure 2-32. The lake and land bridge at Cosmo Park. Photo courtesy of J2 Engineering and Environmental Design, LLC, Aaron Allan, lead landscape architect, photo by Chris Loomis.

are custom designed, including chaise lounges constructed of ipe wood mounted on steel wheels that move short distances along segments of steel rails. The predominant bench is a wooden slat slab bench that is cantilevered from a segment of the deck material. The 12-inch wide bench, designed for economy of space since the High Line varies from only 30 feet to 88 feet in width, had to be approved by NYC’s Parks Department and Art Commission before being authorized for use. The High Line has proven to be very successful, with estimates of 20,000 people a day using the park on weekends. The High Line is so popular that the Friends have had to limit access during peak use times. The ongoing cost of operating the High Line and developing additional segments of the park are largely covered by the Friends of the High Line, which uses a number of methods, including fund raisers by well-heeled park patrons and concessionaire fees, for raising funds to cover 70 percent of the annual operations and maintenance expenses. Without question the High Line has become a model of success for transforming abandoned inner city infrastructure into public outdoor open space. It is a model of public/private cooperation for developing parks. The project design and construction team credits, as reported in Landscape Architecture, are a testament to the complexity of carrying out a project like the High Line. (See Figure 2-33.) These design and construction team credits are only half the story. The other half goes to the Friends of the High Line, the NYC parks

Department and other city departments that continue contributing to the success of the High Line (Ulam 2009; see also www.thehighline.org). 6. Commercial, Industrial, and Corporate Development

Another area of private-sector development that has provided a great deal of opportunity for landscape architects is commercial and industrial development projects, including corporate development and corporate headquarters building projects. Shopping centers, malls, office complexes, mixeduse commercial projects, rooftop plazas, urban plazas, airport environs, industrial parks, corporate headquarters, and other corporate facilities all have public outdoor spaces associated with them. Where there is public space, there is a landscape architecture opportunity. More so than other types of private development, commercial developments may offer the landscape architecture firm the greatest opportunities for so called “high” design with large construction budgets. Commercial projects and industrial parks are extremely competitive in terms of their desired market penetration. Curb appeal, project marketing, attracting shoppers, and differentiating an office complex from its competitors are some of the elements of commercial landscape architecture design that are very important to commercial developers. The setting’s design, the site’s amenities, and the project’s visual appeal can provide an edge in the highly competitive commercial real estate market. Sustainable design concepts

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The unique paving stones and natural native planting on the High Line.

An area of the High Line known as the Sundeck where wooden chaise lounges abound.

Design Team James Corner Field Operations, New York, Lead Consultant ■ James Corner, ASLA, principal in charge ■ Lisa Tziona Switkin and Nahyun Hwang, lead project designers ■ Sierra Bainbridge,Tom Jost, Danilo Martic, Tatiana von Preussen, Maura Rockcastle, Tom Ryan, Lara Shihab-Eldin, Heeyeun Yoon, Hong Zhou, ASLA, project team Diller Scofidio + Renfro, New York, Architectural Consultant ■ Elizabeth Diller, Ricardo Scofidio, Charles Renfro, partners ■ Matthew Johnson, project designer ■ Robert Condon, Tobias Hegermann, Gaspar Libedinsky, Jeremy Linzee, Miles Nelligan, Dan Sakai, project team Buro Happold, New York, Structural/MEP Engineering ■ Craig Schwitter, principal ■ Herbert Browne, Dennis Burton, Andrew Coats, Anthony Curiale, Mark Dawson, Beth Macri, Sean O’Neill, Stan Wojnowski, Zac Braun, David Bentley, Elizabeth Devendorf, Alan Jackson, Christain Forero, Joseph Vassilatos, project team Robert Silman Associates, New York, Structural Engineering/Historic Preservation ■ Joseph Tortorella, Andres Georges, project staff Piet Oudolf, Hummelo, the Netherlands, Planting Design L’Observatoire International, New York, Lighting Design ■ Herve Descottes, Annette Goderbauer, Jeff Beck, project staff Pentagram Design, Inc., New York, Signage ■ Paula Scher, Drew Freeman, Rion Byrd, Jennifer Rittner, project staff GRB Services, Inc., New York, Environmental Engineering and Site Remediation ■ Richard Barbour, Steven Panter, Rose Russo, project staff Philip Habib & Associates, New York, Civil and Traffic Engineering, Zoning and Land Use ■ Philip Habib, Sandy Pae, Colleen Sheridan, project staff Pine & Swallow Associates, Inc., Groton, Massachusetts, Soil Science ■ John Swallow, Robert Pine, ASLA, Mike Agonis, project staff ETM Associates, Highland Park, New Jersey, Public Space Management ■ Tim Marshall, ASLA, project staff CMS Collaborative, Santa Cruz, California, Water Feature Engineering ■ Edison Becker Bonjardim, International ASLA, Roy Kaplan, Tanya Larson, Affiliate ASLA, project staff VJ Associates, Edison, New Jersey, Cost estimating ■ Vijay Desai, Sushma Tammareddi, Chongba Sherpa, project staff Code Consultants Professional Engineers, New York, Code Consulting ■ John McCormick, Laurence J. Dallaire, Kevin Morin, project staff Control Point Associates, Inc., Warren New Jersey, Surveying ■ Paul Jurkowski Municipal Expediting, Inc., New York, Expediting Services ■ Elizabeth Kapp (Ulam 2009)

Figure 2-33. Project design credits and photos of the High Line.

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Figure 2-34. The sketch plan for Williams Square designed by The SWA Group. Photograph by Tom Fox, reprinted courtesy of The SWA Group.

and “green” design have become important differentiators in commercial development moving forward in the twenty-first century. A dramatic example of urban commercial design is Williams Square, designed by The SWA Group and awarded an Honor Award in 1985 by ASLA. According to Landscape Architecture (September/October 1985), “Williams Square is a tour de force of collaboration, a grand new open space, an urbanizing landmark for the planned community of Las Colinas.” Located in the city of Irving, Texas, between the Dallas-Fort Worth International Airport and the central business district, Williams Square serves as a focal point of Las Colinas. The centerpiece of the square is a herd of bronze mustangs, one-and-onehalf times life size, conceived by artist Rob Glen and inspired by Ben Carpenter, chairman of the board and CEO of Southland Financial Corporation, the project’s developer. With the aid of highly creative waterworks that splash and spray beneath the spots where the hooves of the horses touch down, the plaza takes on a unique animation and the horses take on a lifelike quality. Project designer Jim Reeves and project architect Dan Mock wanted to achieve a real effect of hooves splashing through water. They studied the movement of horses through water and achieved a

replica of the effect by designing copper emitters in the exact shape of a horse’s hoof and placing the emitters beneath the strike point of the legs of each of the bronze steeds. By creating a plaza devoid of trees, benches, and other outdoor furnishings, the designers produced a neutral setting that gives the horses a life of their own. Lighting effects create a nighttime environment that heightens the water effects for people viewing the plaza after dark. This commercial design project is awe inspiring and represents one of the most creative outdoor plazas designed by landscape architects in collaboration with other design and art professionals (Landscape Architecture September/October 1985). The design of corporate headquarters is one type of commercial design project that has consistently received awards from ASLA over the last several decades and is notable for high-end, upscale design, resulting in many cases from the high visibility desired by corporate managers and boards of directors and also to the generous budgets often available. Corporate headquarters are the plums of commercial landscape architecture design. Some notable corporate facilities designed by landscape architecture firms include the Deere and Company Administrative Center, designed by Sasaki Associates, viewed by many as one of the classic design models for corporate headquarters (Landscape

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Figure 2-35. Bronze mustangs at Williams Square. Photograph by Tom Fax, reprinted courtesy of The SWA Group.

Architecture November 1991); the Shell Woodcreek Exploration and Production Headquarters in Houston, Texas, designed by The SWA Group (Landscape Architecture September/October 1985); PepsiCo World Headquarters in Purchase, New York, master planned by Edward D. Stone Jr. and Associates (Landscape Architecture September/October 1986); the IBM Federal Systems Division Facilities, Clearlake, Texas, designed by The Office of Peter Walker and Martha Schwartz (Landscape Architecture November 1989); the Hughes Communications Inc. (now Direct TV), Long Beach, California designed Rios Clementi Hale Studios (Landscape Architecture November 1997); the Principal Financial Group’s corporate headquarters expansion in Des Moines, Iowa (Landscape Architecture November 1998); Silicon Graphics Amphitheater Technology Center, or “Charlestown Campus,” north of San Jose California designed by the SWA Group (Landscape Architecture November 2001); the Toyota Motor Sales North American Headquarters, Los Angeles, California (Landscape Architecture May 2006); Washington Mutual Bank headquarters building rooftop garden in Seattle, Washington designed by the Vancouver office of Phillips Farevaag Smallenberg (Landscape Architecture November 2007); and the Bill and Melinda Gates Foundation Campus, Seattle, Washington (Gustafson, Guthrie, Nichol Ltd, at www.ggnltd.com). One of the most colorful and interesting corporate headquarters projects lies just north of San Jose, California. The technology center was first

used by Silicon Graphics, Inc. (SGI) and later purchased by Google in 2004 to serve as its corporate headquarters and renamed Googleplex. The project received an Honor Award in the Design Category as part of the 2001 ASLA professional awards program. According to ASLA, the design challenged conventional thinking about cooperative development of public and private outdoor space. The project began as the winning entry of a design competition held by the City of Mountain View, California, to develop a 26-acre brownfield site into a joint public park and technology campus. The project blurs the defined area between public space, the 5-acre Charleston Park, and the private space set aside for high-tech workers on the technology campus. The design of the SGI campus departs significantly from conventional practice of designing the corporate campus as a private compound encircled by parking. In addition to treating the technology campus and the public park as a single site, the creative collaboration between the architects, landscape architects, the developer, and the city led to the concept of asserting the actual presence of the site and landscape by raising the large buildings above the below-grade parking. This elevating of the landscape, which slopes up to the plaza area over the parking, provides a seamless visual connection from the park on the east through the campus buildings and spaces to an improved creek corridor on the west side of the site. The landscape, like the architecture, reflected the unofficial corporate

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philosophy of SGI of melding work and pleasure, a philosophy that Google also subscribes to. At the lower level of the park, a brick plaza provides for frequent concerts and civic gatherings. The plaza’s bold striped pattern continues up the slope through a series of terraces with shallow pools, rows of cherry trees and horsetail plantings. A grove of Grecian laurels at the top of the slope marks the literal, although imperceptible, transition between public and private land. The campus area between the four large building masses is divided into three outdoor use areas. A sinuous yellow brick path ties the three gardens together. The contemplative East Garden’s circular mounds echo the Calaveros Hills in the distance. The Central Garden is a place where the entire SGI, and now Google, staff can gather. This space cannot structurally support the weight of trees, so colorful umbrellas provide shade. The West Garden, which is devoted to recreation, includes a volleyball court inside a grove of elms and a bocce court contained within a small, elegant, rectangular garden. Within each of the major gardens, at the building stair towers, the ground is cut away to create openings that naturally ventilate the garage without the need for mechanical equipment (Martin 2002). Check out the project on SWA Group’s Web site www.swagroup.com. A 2007 ASLA national honor award went to the Vancouver firm of Phillips, Farevaag, Smallenberg (PFS; see their Web site at www.pfs.bc.ca) for its spectacular roof garden on the seventeenth floor of the Washington Mutual Bank in Seattle. The same year this project also won a national honor award from the Canadian Society of Landscape architects. The roof garden functions as the central social space and cultural heart of the Bank’s downtown campus. The garden’s usable area is almost three times larger than the minimum requirements of the City of Seattle’s Downtown Code which requires that businesses provide their employees with open space. The mid-block location of the building and a private/public relationship between Washington Mutual and the Seattle Art Museum combined to create a stepped configuration of the skyscraper. This stepped form of the building set up the space and the opportunity for the roof top garden, according to David Yuan of NBBJ the principal architect of the building.

PFS responded to the high design requirements of the project’s architects and the firm’s background was well suited to designing the rooftop garden. About 90 percent of the urban work carried out by PFS has been fully or partially on rooftops. Going into the project, the firm had a wealth of experience dealing with loading, drainage, plant micro climate and the many challenges of building a landscape architecture project on top of a structure. PFS broke the 20,000-square-foot space into a number of smaller human-scaled areas, where the decking and ground plane materials effectively work as spatial definers. An ipe-clad deck runs along the building’s glass curtain wall. The deck area is furnished with teak outdoor tables and chairs that provide opportunities for enjoying views across Elliot Bay punctuated by the Space Needle on one side of the deck and distant views to Mount Rainier off another side of the deck. The outdoor furniture provides opportunities for eating lunch, connecting with coworkers, or heating up a laptop computer. A concrete path slicing across the two large planted areas leads to a second smaller deck area, which is partially defined by a steel screen wall with wood louvers that reduces wind velocity and makes the smaller deck more comfortable during windy conditions. A meandering steppingstone path runs through the larger of the two planting areas, which is slightly mounded and includes a dramatic slate boulder rock outcropping. The slightly mounded planting area creates a sense of enclosure for the larger wood deck, while not blocking views. A blue-glass-beaded abacus, which is part of the screen wall, whimsically reflected Washington Mutual Bank’s business and a “Change Garden,” which served as a place to drop spare change to be donated to Seattle charities organizations, reflected the Bank’s role as a corporate citizen of the community (McIntyre 2007). Check out the project on Phillips, Farevaag, Smallenberg’s Web site, www.pfs.bc.ca. A side story to this beautiful rooftop garden is the demise of Washington Mutual, which was seized by the U.S. Office of Thrift Supervision in September 2008 and placed into the receivership of the Federal Deposit Insurance Corporation (FDIC). The FDIC then sold the bank to JPMorgan Chase, which immediately reopened Washington Mutual’s bank offices as a JPMorgan Chase branch. Washington Mutual later filed for bankruptcy. It’s the

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largest bank failure in American financial history. Subsequently, Washington Mutual’s headquarters building with the beautiful rooftop garden designed by PFS was purchased by a real estate investment company (Wikipedia. s.v. “Washington Mutual”). Completed in 2001, the Gannett Company and USA Today corporate headquarters complex is a model of sustainable site development and integration of building with site that displays an uncommon synergy. The project received a design honor award for the landscape architecture firm, Michael Vergason Landscape Architects, Ltd., from the Maryland & Potomac ASLA Chapter in 2002, a design honor award from the 2008 ASLA annual national professional awards program, and a 2003 Architectural Record award. The site outside of Mclean Virginia is a 30-acre wedge of land at the intersection of the Capital Beltway and the Dulles Airport access road. According to Vernon Mays in his excellent article that chronicles the planning and design efforts of Michael Vergason, the site “was a mixed bag of parts: A sloped meadow made of fill dirt, an unsightly storm water management pond, and a wooded hill that offered a prospect over the entire site. By the time Michael Vergason, FASLA, got involved in the discussions, Gannett’s representatives and their architects already were working under the assumption that the best place for the new corporate headquarters was on the highest elevation, which boasted a stand of mature oaks.” Fortunately, the landscape architects convinced the owner and the architecture firm that the hilltop was the wrong place to site the building. They encouraged the owner to build on the less desirable part of the site and preserve the nice wooded hilltop as a park and outdoor recreation respite for employees. With perseverance and prodding by the landscape architects, the project turned into a world-class corporate campus that embraces stewardship of the land, seamlessly blending the site and building mass. One of Vergason’s initial goals was to make a silk purse out of the site’s adjacent sow’s ear—a 5acre storm water management basin located at the base of a 270-acre watershed, serving a quadrant of Tyson’s Corner, a super-sized exurb development. Although the effort involved complex regulatory approvals, ultimately the pond was improved and integrated visually into the project. Today the site

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includes two green roofs, a grassy central courtyard with a delightful series of field stone walls, water runnels, pools, niches and slotted stone passageways, a rehabilitated natural woodland copse, and a reconstituted storm water pond planted with herbaceous and aquatic plants where none existed before. Vergason’s inspiration for the asymmetrical layout of the rock walls was the pattern of felled trees that randomly collect on the wooded hillsides and that naturally slow the flow of runoff. Large beds of ferns and Siberian iris edge the runnels and pools. Ivies, including Virginia creeper and Boston ivy, soften the rock walls. The beauty of the Gannett Company and USA Today Corporate Headquarters complex is the integration of building and site, the relationship between the inside and the outside. This project is an application of tried-and-true landscape architecture site design philosophies that are often espoused but not always fulfilled. Check out the project at www.vergason.net (Mays 2006; see also the Web site of Michael Vergason Landscape Architects [MLVA], www.vergason.net). 7. Urban and Regional Planning

Because landscape architects have excellent analytical skills developed during their educational training and sharpened in their professional practice, they naturally seek out clients that have a need for planning and analysis services. Many landscape architects today are well versed in landscape analysis and planning techniques that were pioneered by a handful of landscape architects in the 1960s, including Ian McHarg, Phil Lewis, Julius Fabos, Carl Steiniz, and Erv Zube. Often these types of projects have a scientific, research, or feasibility component. They usually include sites that are large in scale, from urban to natural settings. Many planning and analysis projects never get built. They establish criteria, provide vision, and set goals for future design and development. From 1981 to 2009, one-quarter of ASLA’s annual professional awards were given for planning and analysis projects. In the private sector, planning and analysis projects include land planning for residential communities, large-scale urban development of a mixed-use nature, and campus planning. The public sector, on the other hand, has opportunities for planning

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and analysis projects focused on setting criteria and goals for the wise and sustainable use of natural and cultural resources. A pre´ cis of projects that received ASLA’s annual analysis and planning awards in the Award of Excellence and Honor categories since the year 2000 follows below. By reading through the list, one can develop a good understanding of the depth and breadth of how landscape architects participate in urban and regional planning. ■

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Sonoran Preserve, Phoenix, Arizona (2000) Landscape Architects: City of Phoenix Landscape Architects: Gail Brinkman, Joe Cascio, Jim Coffman, Joseph Ewan, Walt Kinsler, Terry Newman, Janet Waibel St. Louis Downtown Development Action Plan, St. Louis, Missouri (2000) Landscape Architect: EDAW, Inc. Massachusetts Historic Cemetery Preservation Initiative, State of Massachusetts (2000) Landscape Architect: Walker-Kluesing Design Group Charles River Basin Master Plan, Boston, Cambridge and Watertown, Massachusetts (2001) Consultant Team: Goody, Clancy and Associates; The Halvorson Company; The Metropolitan District Commission San Antonio River Improvements Project, Concept Design, San Antonio, Texas (2001) Landscape Architect: SWA Group, Houston Office Yuxi City, Yunan Province, People’s Republic of China (2001) Landscape Architect: Phillips Farevaag Smallenberg Willamette Riverbank Design Notebook, Portland, Oregon (2002) Consultant Team: GreenWorks, P.C. in association with: ClearWater West, Martha Mitchell; Fishman Environmental Services, Paul Fishman; Inter-Fluve, Inc., Greg Koonce; KPFF Consulting Engineers, Inc., Andrew Jansky Baldwin Hills Park Master Plan, Los Angeles, California (2002) Consultant Team: G Mia Lehrer + Associates; Hood Design

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Landscape Masterplan for Blandy Experimental Farm and the State Arboretum of Virginia, Boyce, Virginia (2002) Landscape Architect: Susan NelsonWarren Byrd Landscape Architects Highland Business Park, Auckland, New Zealand (2003) Landscape Architect: Peter Walker and Partners The Blue Ring: Seattle’s Center City Open Space Strategy, Seattle, Washington, (2003) Landscape Architect: Mithun Downtown Ottawa Urban Design Strategy 2020, Ottawa, Canada (2004) Landscape Architect: Urban Strategies, Inc. Anacostia River Parks Target Area Plan & Riverwalk Design Guidelines, Washington, DC (2004) Landscape Architect: Wallace Roberts & Todd, LLC., Philadelphia Green through Red, Buiten Vennep, The Netherlands Consultant Team: Lodewijk Baljon Landscape Architects, Amsterdam and VISTA Landscape and Urban Design, The Netherlands Eco-effective Design Strategies, University of California, Davis, California (2004) Landscape Architect: William McDonough + Partners Middle Rio Grande Bosque Restoration Project, Albuquerque, New Mexico (2004) Landscape Architect: Sites Southwest, LLC. Lloyd Crossing Sustainable Urban Design Plan, Portland, Oregon (2005) Consultant Team: Mithun Architects + Designers + Planners, Seattle, WA with Landscape Architect: GreenWorks, Portland, OR The Growth pattern of Taizhou City Based on Ecological Infrastructure, Taizhou City, Zhejiang Province, People’s Republic of China (2005) Consultant Team: Peking University Graduate School of Landscape Architecture & Turenscape

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Calumet Plans, Chicago, Illinois (2005) Consultant Team: City of Chicago, Department of Planning, Chicago; Wolff Clements Inc., Chicago; Planning Resources Inc., Wheaton, IL Burlingame Ranch Affordable Housing, Aspen, Colorado (2005) Landscape Architect: DHM Design Dasve Village, Maharashtra, India (2005) Landscape Architect: The HOK Planning Group Clearings, Clusters and Cloisters: A Garden of Trees for Two Rivers Park, Little Rock, Arkansas (2005) Consultant Team: University of Arkansas Community Design Center Brightwater Siting Project, King & Snohomish Counties, Washington (2005) Consultant Team: King County Department of Natural Resources and Parks, Wastewater Treatment Division; CH2M Hill; and Environmental Science Associates Gateway Valley Development, Orinda, California (2005) Landscape Architects: Hart Howerton Battery Park Streetscapes & Security, New York, New York (2005) Consultant Team: Rogers Marvel Architects Providence 2020 Plan, Providence, Rhode Island (2006) Landscape Architect: Sasaki Associates, Inc. Habitat Trails, Habitat for Humanity: From Infill House to Green Neighborhood Design, Rogers, Arkansas (2006) Consultant Team: University of Arkansas Community Design Center Parque Amazonia, Belem, Para, Amazonia, Brazil (2006) Consultant Team: Morris Architects Crosswaters Ecolodge, Guandong Province, People’s Republic of China (2006) Landscape Architect: EDSA Hunters Point Waterfront Park Project. San Francisco, California (2007) Landscape Architect: Hargreaves Associates

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The Park and New Town Upon the Fishponds, The Planning of 2007 China International Garden Show Park Area, Xiamen, People’s Republic of China (2007) Consultant Team: Atelier, DYJG, Beijing Atlanta Beltline Redevelopment Plan. Atlanta, Georgia (2007) Landscape Architect: EDAW, Inc. University of Balamand Campus Master Plan, Al Koura, Tripoli, Lebanon (2007) Landscape Architect: Sasaki Associates, Inc. Open Space Seattle 2100 Envisioning Seattle’s Green Infrastructure for the Next Century, Seattle, Washington (2007) Landscape Architect: Department of Landscape Architecture, University of Washington and the Open Space Seattle 2100 Coalition Wildhorse Ranch, Steens Mountain Oregon (2007) Landscape Architect: DHM Design Penn Connects: A Vision for the Future, Philadelphia, Pennsylvania (2007) Landscape Architect: Sasaki Associates, Inc. Lower Howard’s Creek Corridor Management plan, Clark County, Kentucky (2007) Consultant Team: Parsons Brinckerhoff in conjunction with Ned Crankshaw, ASLA Viet Village Urban Farm, New Orleans, Louisiana (2008) Landscape Architect: Sasaki Associates, Inc. Port Lands Estuary: Reinventing the Don River as an Agent of Urbanism, Toronto, Canada (2008) Landscape Architect: Michael Van Valkenburgh Associates, Inc. Landscape Architects Orange County Great Park Comprehensive master Plan “A Vision for the Great Park of the 21st Century,” Irvine, California (2008) Landscape Architect: Ken Smith Workshop West, Irvine, CA and Mia Lehrer + Associates New Orleans Riverfront: Reinventing the Crescent, New Orleans, Louisiana (2008)

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Landscape Architect: Hargreaves Associates New Terrain for the North Lake Region of Chongming Island, Shanghai, People’s Republic of China (2008) Landscape Architect: SWA Group, Los Angeles Porchscapes: An Affordable LEED Neighborhood Development, Washington County, Arkansas Landscape Architect: University of Arkansas Community Design Center, Chris Suneson, RLA, LEED AP, McClelland Consulting Engineers, Inc., landscape architect of record Brooklyn Bridge Park, Brooklyn, New York (2009) Landscape Architect: Michael Van Valkenburgh Associates, Inc. Landscape Architects Celebrating the Cultural Landscape Heritage of Mills College, Oakland, California (2009) Landscape Architect: Robert Sabbatini, ASLA, Karen Fiene and Vonn Marie May Brays Bayou Greenway Framework, Houston Texas (2009) Landscape Architect: SWA Group, Houston Stabiae Archaeological Park, bay of Naples, Italy (2009) Landscape Architect: Tom Leader Studio Geos Net Zero Energy Neighborhood, Arvada, Colorado (2009) Landscape Architect: David Kahn Studio A Civic Vision and Action Plan for the Central Delaware River, Philadelphia, Pennsylvania (2009) Landscape Architect: Wallace Roberts Todd, LLC Trinity River Corridor Design Guidelines, Dallas, Texas (2009) Landscape Architect: Wallace Roberts Todd, LLC, Dallas Los Angeles River Revitalization Master Plan, Los Angeles, California (2009) Consultant Team: Mia Lehrer & Associates/Civitas, Inc./Wenk Associates

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Roadside Cultural Resources Preservation: A Guide to Assessing the Effects of Roadside Safety Implementation projects on the Blue Ridge Parkway, North Carolina and Virginia (2009) Landscape Architect: The Jaeger Company Urban Corridor Planning—City of Houston, Houston Texas (2009) Landscape Architect: The Planning Partnership Limited, Toronto Greensburg Sustainable Comprehensive Master Plan (2009) Consultant: BNIM Rockefeller Park Strategic Master Plan, Cleveland, Ohio (2009) Landscape Architect: Siteworks The Floyds Fork Greenway Master Plan, Louisville, Kentucky (2009) Landscape Architect: Wallace Roberts Todd, LLC

Planning and analysis projects can be carried out by quasi-private groups, such as the Gateway Economic Development Corporation of Cleveland—the client for the city’s Gateway Master Plan project. This plan for the new Gateway sports district for downtown Cleveland was prepared in 1991 by Sasaki Associates with an impressive team of architects, engineers, and marketing and community-relations consultants. The plan, which received an ASLA Honor Award, avoided the typical stadium surrounded by acres of parking by identifying the existing parking in the central business district that could serve sporting-event spectators after business hours. The existing parking was supplemented by a new parking garage serving loge-box and club-seat patrons, players, staff, media, and employees. The plan presented a vision that enhances the urban qualities of the downtown setting. Exits from the stadium direct people toward restaurants, bars, and retail establishments. The main entry of the stadium is the end point of a planned sequence of open spaces along a new street developed for the project (Landscape Architecture November 1991). Cleveland’s Gateway master plan achieved the following planning goals and urban design objectives:

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Figure 2-36. Gateway’s sidewalks and open spaces were integrated by Sasaki Associates with Cleveland’s existing pedestrian systems and lead to Jacobs Field, designed by HOK Sport as the home of the Major League Cleveland Indians. Photograph by Anne Warner.

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The urban design framework was established for the ballpark, arena, and parking garage so that they would relate to existing buildings, create public spaces, and connect with surrounding streets and landmarks. Gateway’s sidewalks and open spaces were integrated with downtown Cleveland’s established pedestrian system. The concourse for the ballpark and arena was placed at street level. Approximately 17,000 parking spaces were identified within a 10-minute walk of the sports complex, ensuring that no surface parking would create a barrier between Gateway and the surrounding city. Traffic management, public-transit linkages, police details, special street closings, pedestrian routes, and crossings were addressed. Service access was planned to allow Gateway’s facilities to function easily and efficiently in the tight urban setting. Criteria for reviewing and approving the designs of individual buildings were developed for use by the City of Cleveland and the Gateway Economic Development Corporation.

Gateway’s 8.5 acres of outdoor public spaces, plazas, and sidewalks include the 2-acre Gateway Plaza and the 1/2-acre Indians Square. The open space was designed to create a ballpark setting, to provide outdoor gathering spots, and to accommodate programmed special activities such as

lunchtime concerts and large festivals. Some of the design features include: ■

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Cast-in-place concrete surfaces accented with 8-inch by 8-inch black pavers are used as a unifying element. More than 6,000 inscribed pavers were installed around the 10-foot-high bronze statue of Indians baseball great Bob Feller in Indians Square recognizing the donors who contributed to the installation costs. Honey locusts, maples, ginkgoes, and Japanese pagoda trees, used as theme trees, were selected for their salt tolerance and resistance to air pollution. Trees were planted in staggered double rows along Ontario and Carnegie Streets to create a strong, green edge to the project. Substantial electrical capacity was designed into the public spaces to accommodate events. (The public spaces have more electrical capacity than any other outdoor location in Cleveland.) The Sony Jumbotron Sports Marquee in Gateway Plaza was designed to complement the ballpark architecture. State-of-the-art intelligent highway technology manages traffic flow in the project area by using a central computer to control traffic signals and variable message signs. Playful, colorful signage, accented with a bouncing-ball motif, was designed to provide

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way finding and establish a unifying element for the planning area. The designers assisted the committee for public art in selecting and integrating a variety of artworks into the gateway’s public space.

The vision established by Sasaki’s Gateway master plan captures the life and spirit of traditional urban sports facilities in America, as opposed to the freestanding, isolated buildings designed in the 1960s, 1970s, and 1980s. The plan establishes strong links with downtown buildings, streets, and pedestrian ways. Today the area serves as the home of Cleveland’s professional baseball, basketball, and hockey teams. Alexandria 2020 is another private-sector and public-sector partnership that sponsored a collaborative planning and analysis project headed by HOH Associates for a 320-acre site called Potomac Yard in Alexandria, Virginia. Transportation, housing, and open space were the keystones of the plan. The site, which included an operating rail yard, was planned serve as a model for state-ofthe-art transportation planning, including multimodal rail transit services linked to pedestrian, bicycle, bus, water taxi, and vehicular circulation. The transportation system was planned to link existing and planned residential development. The Alexandria 2020 plan proposed development of neighborhoods that were to be compatible with the layout of adjacent existing neighborhoods. Each of the five planned neighborhoods in Potomac Yard included a mixed-use center and open space that provided definition for the project’s design and visual character. HOH Associates coordinated and managed the input of over 30 consultants, many of whom had expertise in specific transportation modes such as light-rail transit, who collaborated on this awardwinning mixed-use project within view of the nation’s capital (Landscape Architecture November 1990) The 2020 plan was never formally approved by the city, but the city did approve new zoning for the site in the context of the Master Plan update in 1992. The new zoning, which spelled out a Coordinated Development District, or CDD, provided for a lower overall density of the development than was proposed with the Alexandria 2020 plan. Later in 1999, the city council approved an updated Potomac Yard/Potomac Greens Small Area Plan

and Coordinated Development District, including an alternative concept plan and associated conditions. The concept plan detailed the total acreage, proposed uses, maximum densities, and minimum open-space requirements, including 1.9 million square feet of office space, 735,000 square feet of retail space, 625 hotel rooms, and 2,200 residential units, totaling over 6 million square feet of mixed-use development. Since the early 1990s, much of the Potomac Yard/Potomac Greens area has been developed. The San Francisco office of landscape architects Wallace, Roberts & Todd, in association with the Aspen, Colorado, firm Caudill, Gustafson & Ross, served as prime consultants to the Kanozan Resort Corporation, a joint venture of Tokyo Tower Company, Ltd. and Tobu Railroad, to develop a model resort community plan, The Source is located about 30 miles from Tokyo, Japan, in the western Boso Peninsula. The planning for the project won a merit award from the ASLA in 1989. The site contains 1,729 acres of farmland and forest in and around the village of Kanozan. The site provided far-reaching views of Tokyo, Tokyo Bay, and Mount Fuji. Ground breaking for the $100million project occurred in 1990, and the full completion of the five phases of construction was scheduled over a 10-year period. To describe The Source merely as a resort is an oversimplification. The master plan reinvents the concept of the traditional Japanese resort, wresting from it the tendency for planners to plagiarize planning concepts of American theme parks. Although The Source is uniquely Japanese, two regional models in the United States offered principles for the development: the City of Aspen, Colorado, and environs; and the agricultural regions of the Napa and Sonoma Valleys near San Francisco, California. The goals of the project included:

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Creating a resort environment that respects and enhances the rural, agricultural character of the Boso Peninsula and capitalizes on these characteristics and on the natural amenities of the area as tourist attractions Providing an environment where Japanese people can learn to renew, enrich, and expand their physical, spiritual, intellectual,

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Figure 2-37. The plan for Alexandria 2020 by HOH Associates. Courtesy of HOH.

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and artistic well-being through the creative use of leisure time Establishing The Source as a prototype for planning, design, and development of resorts and resort regions throughout Japan

The project design program included the development of a community of buildings and activity areas that will provide a setting for recreation, art, music, and other educational activities. The importance of symbol in Japanese culture is expressed in the programming of The Source. The pattern of ridge-top development deemed most suitable resembles the form of a flower. The agricultural fields of the Mother Farm and adjacent property owned by the developer create the shape of a butterfly. Together, butterfly and flower suggests the harmony of nature in balance, the guiding principle for the resort development. The ridge-top pattern also forms the body of a human. The ridge suggests the symbolic limbs and heart of the complex, the Mother

Farm its head. Taken together, these images symbolize mankind in harmony with nature, reflecting the resort’s philosophy and lifestyle. The planning process provides a model for environmental analysis, protection, and development suitability focused on the mandate of protecting regional resources. A wide range of natural and cultural resources were analyzed to determine the development’s suitability. Special factors contributed to the success of this project: ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■

The form, symbolism and philosophy of the resort design are used in a total marketing concept and graphic identity package. The image of man, flower and butterfly will become synonymous with the resort complex. The resort planning and design process can be replicated by the owner in other recreation ventures. As such the process represents an encompassing philosophy for the owner and his corporation (Landscape Architecture November 1989).

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Figure 2-38. The Source, a Japanese leisure resort community, planned by the San Francisco office of Wallace, Roberts & Todd. Drawing by Donald Gibson, courtesy of Wallace, Roberts & Todd.

Figure 2-39. The Source is centered on Hilltown, a vibrant mix of hotels, shops, restaurants, and fitness facilities. A large open-air market just off the main square (lower left) will offer fresh foods. The performing arts center (upper left) is the cultural heart of the community. The promenade (center) links Hilltown with the rest of The Source. Drawing by Jim Leritz, courtesy of Wallace, Roberts & Todd.

Figure 2-40. Winding paths lead to outlying ridge fields where remote cabins and tent camps provide private, rustic accommodations. The fields will be designed and organized to provide maximum visual enjoyment. Drawing by Jim Leritz, courtesy of Wallace, Roberts & Todd.

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Figure 2-41. The spiritual center is one of four remote centers. An observatory/planetarium (upper left) and temple/chapel (right) encourage meditation and spiritual thought. Other remote centers offer recreation, art, music, and environmental studies. Drawing by Jim Leritz, courtesy of Wallace, Roberts & Todd.

Closer to home and more recently, a planning and landscape architecture team that was lead by Boston’s Thompson Design Group, Inc./EcoPLAN with the landscape architecture firm of Dodson Associates of Ashfield, Massachusetts, won an ASLA merit award in the planning and analysis category in 2003 for their master plan for Buffalo Bayou and Beyond, a far-reaching and acclaimed plan for open space in Houston, Texas. The $1.4 million planning effort was sponsored by a nonprofit group, the Buffalo Bayou Partnership, with the city of Houston and Harris County. The main intent of the sponsors was to create a vision for the bayou corridor and help residents of the city see the potential. More specifically, the objectives of the plan included trying to transform the old industrial east side of the city, attempting to solve the city’s everpresent flooding problems with the help of an updated hydraulic model, and restoring the habitat and ecology of the city’s main river. The master plan divides the river and its 10mile linear park into three main segments. First, a downtown segment was visualized as a dense urban core area that would create an urban edge to the river park. This area would see the development of a high-amenity urban waterfront with pedestrian-friendly street linkages, bridges, and waterfront park uses such as amphitheaters, boating areas and landings. The plan’s mantra is

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that great cities have great waterfronts and the plan cites examples such as Chicago’s lakefront, Paris’ Seine river edge, Barcelona’s seafront, and Baltimore’s inner harbor. High-quality mixed-use development would be promoted in the downtown area of the plan. Adaptive reuse of old buildings would be encouraged to protect the downtown historic district’s assets. Second, the west sector of the plan proposes enhancement to existing parks and the removal of a roadway cloverleaf to open up greater amounts of open space, while providing for storm water retention. Compatible bayou-front development would be encouraged. And, third, the east sector which largely consists of brownfields that can be remediated and turned into parks and open space and the redevelopment of a sewage treatment plant into an environmental education center. A symphony island performance center is proposed in the east segment, as well as an overlook of the city’s busy shipping channel. The complex plan was well received by a wide range of public and political support from groups as widely divergent as the Texas Association of Realtors to the Sierra Club. People in Houston, according to Buffalo Bayou Partnership’s director of planning, are becoming more inclined to want a green, livable city and demand world-class upgrading of the river that links together the inner urban core of the city. Lastly, the Buffalo Bayou long-range regional plan is a joy to look at due to the wonderful graphic visions portrayed by Kevin Wilson (Viani 2004; see also the Web site of the Buffalo Bayou Partnership, www.buffalobayou.org). A discussion of planning and analysis projects would not be complete without talking about the great wide open spaces of the western United States, where large-scale landscape planning and analysis projects are prevalent. In 2007, the ASLA gave an honor award in the analysis and planning category of the annual professional awards program to the firm DHM Design for its Wildhorse Ranch master plan. The DHM team included principals Dave Carpenter and Laura Kirk with associates Stephanie Kobald, Jason Jaynes, and Charlie Kees. (See the company Web site at www.dhmdesign.com.) With ranches and agricultural properties in the western United States facing increasing development pressures, landscape architects have

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Figure 2-42. Graphic illustration of the ambitious Buffalo Bayou project in Houston, Texas. Courtesy of Buffalo Bayou Partnership/Thompson Design Group.

opportunities to develop plans that retain and enhance the role these private holdings can play in preserving the regional landscape. A private-ranch land management program can be just as beneficial to the long-term health of a regional ecosystem as that of a public holding. What makes the Wildhorse Ranch plan even more valuable is its contribution to the larger setting that includes the Steens Mountain Cooperative Management and Protection Area. The area encompasses an extraordinary landscape with deep glacier carved gorges, stunning scenery, wilderness, wild rivers, a rich diversity of plant and animal species, and a way of life for all who live there. The 52-mile Steens Mountain Backcountry Byway provides access to the area and four campgrounds. Wildhorse Ranch lies adjacent to the Steens Mountain Wilderness Area. On October 30, 2000, the Steens Mountain Cooperative Management and Protection Act was signed, providing protection for approximately 900,000 acres of Federal land in southeastern Oregon. The Act is a cooperative effort between Oregon’s congressional delegation, the state’s governor, and the Secretary of the Interior creating legislation to provide long-term protection for the

cultural, economic, ecological and social health of the Steens Mountain Area. The area will be collaboratively managed by the Bureau of Land Management (BLM) and a new Steens Mountain Advisory Council to conserve and protect the long-term ecological integrity of the Steens Mountain area. Cooperative and innovative management projects will be carried out between the BLM, private landowners, tribes, and other public interests. Sustainable grazing and recreational use, including fishing and hunting, will be continued where consistent with the purpose of the act. A land exchange provided for nearly 100,000 acres of livestock-free landscape within the total 175,000-acre Steens Mountain Wilderness. This land, at the top of Steens Mountain, is the most sensitive to disturbance and will be managed to safeguard the pristine environment. The act also designated three new Wild and Scenic Rivers, Wildhorse Creek, Little Wildhorse Creek, and Kiger Creek, as well as adding two new segments, Ankle Creek and Mud Creek, to the existing Donner and Blitzen Wild and Scenic River. Also, the first ever Redband Trout Reserve has been created to improve stream health and fish habitat.

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Approximately 900,000 acres are designated off limits to mineral and geothermal extraction. DHM’s plan for Wildhorse Ranch grew in part out of the owner’s history with the region and his appreciation for the land providing a mandate for the consultant team to design with respect for the land. In addition to DHM, the consultant team included artist Tad Savinar, who served as the project manager on behalf of the owner, the architecture firm Zimmer Gunsul Frasca Partnership, and ecologist Stephen Ellsperman. The owner’s art collection is an indication of his interests. The collection reflects an interpretation of the natural landscape and wildlife, from the conceptual and contemporary to the representational. His art collection analyzes, interprets, and reveals the world around him, and the owner’s wish is that his ranch do the same, hence an artist served as the project manager. The master plan, architectural, and site design solutions for Wildhorse Ranch evolved from the combination of an analysis of ranches in the region that have withstood the test of time and from a comprehensive exploration and analysis of the land. The landscape analysis provided insight into the intrinsic qualities of places within the ranch property, how they may have been altered, and what site-specific ecosystems exist. Tours of large ranches in the region shed light on operations that were not only appropriate but also of lasting quality. The analysis, planning, and design for the ranch was set forth in three categories: ■ ■ ■

The ranch management program Restoration of native habitat Place making

An unwavering commitment to design solutions, both appropriate to the site and sustainable, will ensure that every phase of implementation will leave a lasting legacy for Wildhorse Ranch. The ranch management program was aimed at counteracting 100 years of grazing activities and inefficient irrigation practices, which led to a degraded landscape setting. The planning team sought a land management approach that addressed grazing operations in a sustainable manner. The consultants defined areas for pastures and grazing uses, as well as areas where native habitat could be restored. Rotational grazing will allow cattle to be

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placed on those portions of the land most able to accommodate high-intensity usage. By focusing on defined agricultural and grazing zones, consultants could subsequently define and implement effective irrigation methods. Cattle could be moved out of erosive zones, and much of the fencing of the entire ranch would no longer be needed. Fencing designed to complement the landscape would only be necessary around the smaller pasture zones. By segregating agriculture activities, the steppe grasslands and native habitats could be restored. Grazing outside fenced areas would be allowed in the spring, however, in an effort to manage the invasive cheatgrass, allowing native grasses to naturally reestablish. A main focus of restoring the ranch’s native habitat focused on lost riparian landscape, stream restoration and development of more efficient irrigation in the agricultural zones. Early settlers diverted water out of Wildhorse Creek into manmade irrigation channels which dried up the existing braided streams. The location of the braided streams was evident in the landscape, however, by sage-covered channels and decaying cottonwood stumps. Analysis proved that a more efficient irrigation system would result from restoring the historic braided channels where small reservoirs could be recreated for irrigation. The ponds could be distributed appropriately throughout the agricultural zones. The reintroduction of the natural water system also provided an opportunity to enhance the ranch’s riparian habitat. Habitat restoration was guided by a GIS analysis of indicator species and the stream analysis. A variety of distinct water bodies and associated landscape features that provide habitat options were identified including:

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Stream floodplains and sandbar deposits create ideal roosting areas for birds feeding on the water’s abundant insect life. Existing topographic depressions provide natural locations for ponds of varying size, depth, and bank conditions. Undercut banks, steep banks, and gradual banks each create habitat for invertebrates, fish, and birds who feed on the insects that live in the sedges and rushes.

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Figure 2-43. Landscape setting of the Wildhorse Ranch land management plan.

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The open water of proposed ponds invites migrating waterfowl. Level areas adjacent to proposed ponds and floodplains optimize the development of meadow marshes, shallow marshes, and deepwater marshes. Marsh habitats attract small mammals, frogs, egrets, cranes, herons, and migratory birds. Both newly planted and dead cottonwood trees provide roosts for raptors that depend on water and marsh habitat for hunting.

The opportunity to dramatically increase habitat was an objective of the owner, consistent with habitat historically found on ranch property. Given migratory patterns of animal and waterfowl species in the region, the hope is that the stream and water improvements will spawn a return of species that once lived on the ranch. The consultants developed cross sections of six types of water bodies with different habitat characteristics to guide restoration of the streams and ponds on the ranch. Existing and potential building locations were evaluated in combination with an understanding of cultural building patterns in the Great Basin for the place-making element of the master plan. A working ranch requires a barn and access to a variety of out buildings. A ranch house is needed for living quarters, and all buildings ought to fit within the landscape context. A new barn structure flanked by outbuildings was located at the terminus of the public roadway to the ranch. The new buildings were

clustered creating a central courtyard with views up the Wildhorse Valley toward the Steens Mountain Wilderness Area and down the valley to irrigated fields and beyond. The courtyard provides a gathering place for ranch hands and a place for the ranch owners to meet and greet visitors. A contextual understanding of ranch buildings in the region drove the siting and choice of materials for new ranch buildings. New construction would sit comfortably in the landscape, be traditional in form, and be tied directly to function. Local stone and masonry construction techniques were envisioned for a regional and sustainable architecture. The primary ranch house was located on a sagecovered gently sloping site above the streams and pastures within walking distance of the barn. The home will open to the north toward a historic orchard. An outdoor living space located on the south side allows for warming during cooler months and spectacular views down the valley. 8. Institutional Projects

Private, quasi-private and public institutions are a good sources of planning and design projects for landscape architects. Institutions may include foundations, associations, church organizations, private & public social agencies, youth organizations, museums, zoos, private and public universities, and many other types of organizations that develop and manage environments for public use. College campus outdoor spaces, museum sculpture gardens, arboretums, memorials, youth

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Figure 2-44. The reflecting pool and planters of the Christian Science Center, Boston, Massachusetts, designed by Sasaki Associates. Photograph by David Akiba.

camps, and resource management plans for natural areas held by private conservation agencies such as the Audubon Society are examples of projects that may be carried out for institutional clients. One of the outstanding design projects in the United States for an institutional client is the urban outdoor space created for the Christian Science Center, headquarters for the First Church of Christ, Scientist, in Boston, Massachusetts. Sasaki Associates, the project landscape architects, worked together with I. M. Pei & Partners, architects, to design the distinct, formal setting for the world headquarters complex. Completed in 1970, the modern urban complex has remained as an example of national architectural and landscape architectural significance since then. The design motif set by the church was to create a public outdoor space reminiscent of urban European church spaces. The landscape architectural firm and the architectural office transformed the project area from a deteriorated urban environment in the 1960s to a powerful, formal environment that has a spiritual quality, reminding the user of the power of God. The center includes a number of buildings that date back to the original Mother Church constructed in 1894. The Christian Science Publishing Society building, a 28-story administrative highrise structure, a Sunday school building, and a 525-foot colonnaded administrative building are

complemented by a 675-foot reflecting pool, an 80-foot-diameter fountain, planters, lawns, gardens, urban walks and spaces. A Bosque of linden trees serves as a counterpoint to the reflecting pool. Other linden trees are used throughout the site as a unifying element. The overall quality of the complex serves as a high-design standard. It is regarded as a classic urban environment that has stood the test of time (Landscape Architecture November/December 1987). In 2003, Reed Hilderbrand received a national ASLA design award for a revitalization plan for the First Church of Christ, Scientist plaza area. The rehabilitation plan improved the space utilization and connections to the facilities spread throughout the site for both church officials and the general public. The project guided the revitalization of Boston’s largest perennial garden and resulted in the creation of a new garden at the entrance to the Mary Baker Eddy Library (see www.www.reedhilderbrand.com). The San Diego Zoo’s long-range master plan, completed in 1985 by the landscape architecture firm Jones & Jones, represents one type of institutional project—zoo design—significantly enhanced by the contributions of landscape architects. In the last half of the twentieth century and into the twenty-first century, firms such as Jones & Jones, PJA Architects & Landscape Architects, and the

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Figure 2-45. Illustration of the design concept for the Tiger River Trail designed by Jones & Jones for the San Diego Zoo. Visitors follow a dry-season riverbed pathway that parallels the meandering course of a stream through a tropical canyon.

Portico Group, all of Seattle, Washington, have attempted to “naturalize” zoos by creating realistic habitat environments where the visitor can observe creatures in their natural setting. Wildlife parks are a direct outgrowth of this naturalistic direction in zoo design. In close coordination with the staff of the San Diego Zoo, the firm of Jones & Jones reorganized the zoo into 10 bioclimatic zones, including tundra, savanna, and tropical rain forest. By 1991, four of the naturalistic environments had been constructed: the East African Savanna zone, Tiger River, the Sun Bear Forest, and Gorilla Tropics. “In Tiger River,” according to Landscape Architecture ■ ■ ■ ■ ■ ■ ■

[T]he visitor enters a misty Sumatran rain forest, encountering animals that range from fish and reptiles to web-footed fishing cats and tapirs and, finally, the Sumatran tiger. Water features

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evolve from mists to trickles, pools and waterfalls. Animal enclosures—made of glass, wire, moats and mesh—blend into the landscape so well that visitors often jump back at the sudden appearance of a tiger on the other side of the barrier. “They come right down and look at you with their eyes real shiny,” said one delighted opening week visitor. “They look like they’re even going to pounce on you.” (Landscape Architecture November 1991)

In 2010, the tiger exhibit is still going strong and remains one of the main attractions in the Lost Forest Zone of the San Diego Zoo. The profession of landscape architecture has made one of its most lasting contributions to the history of planning and design in the area of campus planning. In modern times, the standard for campus planning was set by the landscape architecture firm Sasaki Walker Associates, of San Francisco, for its plan for Foothill College in Los Altos Hills,

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California. The firm, with Peter Walker as the project manager, prepared a master plan that included a loop road concept, perimeter parking, site grading, pedestrian walkways, courts, plazas, terraces, and landscaping. When ASLA awarded the Foothill College master plan a prestigious Classic Award in 1993, Landscape Architecture described the college as the most beautiful community college ever built: ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■

[It] represents an early solution to pedestrian/vehicular circulation on a commuter campus. Classrooms and other facilities were located on an “acropolis” created by judicious grading of two hills joined by a massive foot bridge. Parking was located at the base of the hills, gradeseparated from the pedestrian domain. . . . The acropolis features two types of pedestrian

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pathways. One is rectilinear, running along the base of the buildings, beneath wide, sheltering eaves that recall the Bay Area’s redwood regional style. The other meanders through a series of outdoor spaces, among rolling lawns and subtly graded mounds. California sycamores and birches planted in geometric groves shade the open spaces of the academic village (Landscape Architecture November 1993).

The Cullen Entry for the University of Houston is campus design project that received a Merit Award from ASLA in 1989 for its designers, The SWA Group. The University of Houston wanted a new entrance to define the campus edge and create an entry statement in a visually chaotic area of commercial development parallel with an urban freeway on the eastern edge of the campus. The powerful

Figure 2-46. Aerial photograph of the Foothills College acropolis site plan concept.

Figure 2-47. Rectilinear paths at the base of buildings and curvilinear paths meander through shaded connecting spaces at Foothill College.

Photograph copyright by Charles I. Savaaelis.

Photograph copyright by Charles I. Savadelis.

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design statement, which features an obelisk split in half and an entry sign wall, is framed by a linear planting of live oaks intended to screen the commercial area and the freeway. The exterior of each half-obelisk is clad in pink granite, and the interior faces are covered with a polished dark-gray granite that gives the illusion that the inside face is hollow, receding from the eye. The entry design combines the familiar perception of an obelisk as a focal point for terminating a view with the updated approach of creating surprise by slicing the obelisk in half. Riding or walking through the entry between the two half-obelisks creates a dynamic tension and a remembered experience for anyone arriving on the campus through this entry point (LandscapeArchitecture November 1989). Figure 2-48. The Cullen Entry, showing the split obelisks, designed by The SWA Group for the University of Houston. Photograph by Tom Fox, courtesy of The SWA Group.

Figure 2-49. The Cullen Entry designed by The SWA Group for the University of Houston is adjacent to an urban freeway. Photograph by Tom Fox, courtesy of The SWA Group.

More recently, the landscape architecture firm oslund.and.asssoc. (www.oaala.com) received a national design award from the American Society of Landscape Architects in 2007 for its University of Minnesota Duluth (UMD), Swenson Science Building. The site plan is based around the concept of science on display. The building incorporates an atrium, visible from inside the building, and glass-walled classrooms, both of which foster a sense of transparency and connectivity with the site. By adding a sense of transparency to the design of both the interior and exterior rooms, activities are revealed that are normally conducted in opacity. The lower courtyard features an experimental wetland garden where wild rice is cultivated. The wild rice was chosen because of its connection with

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the Native American population of Northern Minnesota. Wild rice is an essential component of the Native American way of life. The garden is an outdoor laboratory for UMD students and faculty. In the site plan, the building functions as a bridge over one of the main campus arterials, tying the new space to existing science buildings. The lower courtyard, located to the south of the building, features a two-tiered garden pool separated by a curved concrete weir. The pool collects storm water from the surrounding site and from the roof of the building. The upper pool is the water garden for cultivating the wild rice. The landscape architect coordinated with Native American representatives and science faculty to gain access to wild rice plants and to understand the requirements for cultivation. Underwater detailing was developed by the landscape architecture firm to create a water circulation system and water flow suitable as a growing medium for wild rice. Storm water runoff collected in the lower pool is circulated to the upper pool to maintain the flow necessary for the rice. The garden serves science students and faculty as an outdoor learning environment. The landscape architect’s talent brought together many complex components of the site and building-related program into a visually simple, clean result. Public memorials have always been a part of the landscape architecture profession’s palette, and after September 11, 2001, there was an increase in the number of memorial projects available to landscape architects in the United States. One of the more unique memorials designed and built in the first decade of the twenty-first century is the Figure 2-50. Embraced by an arcing Corten wall, the wild rice garden and stormwater pond at the University of Minnesota Duluth, set a precedent for “Science on Display.” Photo courtesy of oslund.and.assoc.

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Pentagon Memorial “Light Benches,” designed by Julie Beckman and Keith Kaseman. It is a permanent outdoor memorial to the 184 people killed in the building and on American Airlines Flight 77 in the 9/11 attacks. Light Benches is the result of a two-stage design competition announced in July of 2002, where 1,126 qualifying entries were judged and six finalists competed for the competition award. There is a very interesting story of the memorial competition selection process in the May 2003 issue of Landscape Architecture. The winners of the competition were announced by the United States Army Corps of Engineers on March 3, 2003, and afterwards the project was designed, constructed and finally dedicated on September 11, 2008. According to the designers, they “will forever feel inexplicably honored.” The memorial site is a 2-acre park located on the west side of the Pentagon adjacent to the point of impact of Flight 77. According to the designers, “the Memorial provokes thought yet does not prescribe what to think or how to feel.” In its simplest form, the memorial is a gravel site punctuated by 184 cantilevered benches each rising over a small pool of water the same size as the bench. Each pool is lighted at night. The benches are cast stainless steel with a granite inset. Maple trees are integrated throughout the space. The porous-gravel paving system is designed to provide the water for the maple trees to flourish. The memorial units are organized by a timeline based on the ages of the victims and each individual’s name is engraved at the end of the cantilevered bench. The entire site area is enclosed by a continuous perimeter bench backed by a soft

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Figure 2-51. The Flight 77 Pentagon Memorial. Photo by Valerio Santarelli used courtesy of Kaseman Beckman Advanced Strategies.

border of ornamental grass (Freeman 2003; see also www.kbas.studio.com). In October 2001, the Pennsylvania Veteran’s Memorial at Indiantown Gap National Cemetery was dedicated after a 12-year hiatus from when Charles J. Frederick Jr. won the design competition in 1989 with his roofless church concept. It took about a decade for fundraising for the project and for the architect/landscape architect, Frederick, and the Veteran’s Administration (VA) to work through all sorts of issues, including the final site location and political correctness as Frederick was bombarded with backlash over the design and the symbolism. The designer and the Veteran’s Administration, however, worked through the criticism, primarily involving the symbolism of a church in a government setting, which ultimately acted as a rallying point for the VA to see the project constructed as designed. The concept for the memorial is a bombed out, roofless church being reclaimed by nature. It honors veterans from Pennsylvania for all war eras from the Revolutionary War to the present. An access road leads to the site and ends in a cul-de-sac with parking on the circular perimeter. Transitioning from the parking area, visitors walk through an angular plaza that juts into the parking cul-de-sac and is flanked by a garden cemetery of white memorial crosses set in the grassy landscape. Arriving at the narthex of the would-be bombed out church, the visitor is framed by a 107-foot high granite, stone and concrete entry to the inner nave, transept,

and apse areas. The entry point includes an artistic American flag that decorates the frieze. A grove of 36 trees planted geometrically in the interior space were intended to develop a gothic arch effect when mature, but there were problems with bedrock stunting growth and a replacement program was initiated. In the transept area five low pools form the counterpoint to the main axis. They symbolize veteran’s that served in naval operations and provide a soothing white noise background for visitors. The apse area is a half-circle amphitheater area. Five tall monolithic wall fragments provide enclosure for the amphitheater and seven flag poles form an arc around it further framing the space. An interesting epilog to the project is that aging and cracking of walls, for example, have only reinforced the concept of a bombed out roofless church (Cramer 2005b; see also the Web site of the U.S. Department of Veterans Affairs, www.va.gov). Four aircraft were hijacked by terrorists on September 11, 2001. United Flight 93 is the only airplane that did not reach its intended target, thought to be the U.S. Capitol in Washington, DC. After some of the passengers and crew members made telephone calls during the flight and learned that other planes had been used as weapons to attack the World Trade Center and the Pentagon, they launched a counterattack against the hijackers and tried to take control of the aircraft. The hijackers crashed the plane, however, in a field near Shanksville, Pennsylvania, about 150 miles northwest of the nation’s capital, killing all 44 people

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Figure 2-52. The competition board of the winning entry by Charles J. Frederick Jr. for the Pennsylvania Veteran’s Memorial at Indiantown Gap National Cemetery. Courtesy of Cee Jay Frederick Associates.

Figure 2-53. A snowy, winter view of the Pennsylvania Veteran’s Memorial at Indiantown Gap National Cemetery. Photo courtesy of Cee Jay Frederick Associates.

aboard. That site will forever be a hallowed American place honored by the heroic Americans that prevented Flight 93 from being used to destroy the nation’s Capitol building. One year after the crash, 2,200 acres were designated as the Flight 93 National Memorial that is being managed by the National Park Service. The site was listed on the National Register of Historic Places and efforts began to obtain the land located at the nucleus of the crash site and surrounding lands for a buffer. The Families of Flight 93, the Flight 93 Memorial Task Force (a cross section of first responders, township officials, family members, academicians, and others), the Flight 93 Advisory Commission, and the National Park Service to-

gether formed a “competition partnership group.” Collectively they agreed that an open design competition would be the most inclusive, transparent, and democratic way to create a national memorial. In the spring of 2004, professional design competition advisors were hired to help develop and administer the international design competition. The competition received financial support from the Heinz Endowments and the John S. and James L. Knight Foundation. The design competition was conducted in two stages. Stage I, which began on September 11, 2004, was open to design professionals as well as to the public. All registered participants received a competition manual that presented the memorial’s

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mission statement and explained the initial design program. The competition manual provided a description of the site and its environs, a community profile, the history of the area, and site maps. The competition guidelines challenged the competitors to present design concepts for a “memorial expression” that portrays the issues, ideas, spirit, and intent of the mission statement. The memorial expression could range from an individual artwork piece to a larger landscape treatment. All competitors were requested to consider the following themes: ■

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Honor the heroes of Flight 93, the 40 passengers and crew. Contribute to the dialogue of what a national memorial should be. Conceive a message that will reflect on the event that occurred on September 11, 2001, being timeless in its power and conviction.

The Stage I designs were submitted, anonymously, on January 11, 2005. Submittals consisted of a concept on a single board. Over 1,000 entries were received. All entries that complied with the competition guidelines were exhibited in Somerset, Pennsylvania, and were photographed and posted on the project Web site. Visitors to the exhibition and the Web site were allowed to comment on the designs. The Stage I jury, comprising nine design professionals, family members, and national leaders (and one family member who served as a recorder and alternate), evaluated all Stage I entries. The jury reviewed the public comments, discussed the merits of the design concepts, and sought entries that best embodied the spirit of the mission statement and an understanding of the landscape setting. The jury recommended five Stage I Finalists and nine Stage I Honorable Mentions who were publicly announced on February 4, 2005. The five finalists who advanced to Stage II were: ■

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Leor Lovinger and Gilat Lovinger, Berkeley, California Ken Lum, Toronto, Ontario, Canada Laurel McSherry and Terry Surjan, Columbus, Ohio

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In Stage II, the five finalists received a $25,000 honorarium to refine their design concepts to a level that fully explained the spatial, material and symbolic attributes of their concept for the Flight 93 National Memorial. On February 24 and 25, 2005, the five finalists toured the site and participated in a master plan workshop to explore the site’s resource conditions, understand potential visitor experiences, and determine a range of actions that would be need to be met throughout the national memorial site to support their design. The February visit was organized in part to show the finalists the harsh winter conditions prevalent at the site. In April 2005, the finalists met with the competition partnership group and participated in a second site visit in which they were given complete access to all areas of the site for several days. Stage II entries were submitted on June 15, 2005 and were exhibited in Somerset, Pennsylvania, and on the project Web site from July 1 through September 25, 2005. The public was given the opportunity to comment on the final designs at the exhibition and through the Web site. During the first week of August 2005, a separate Stage 2 jury reviewed all public comments received to date and evaluated the designs. The Stage II Jury was composed of 15 members, including family members, design and art professionals, and community and national leaders. The jury collaboratively and rigorously examined the designs to determine which one best fulfilled the spirit of the Mission Statement. As prescribed by the competition regulations, the jury’s recommendation was presented to the family member’s group, the Flight 93 Memorial Task Force, the Flight 93 Advisory Commission, and the National Park Service. On September 7, 2005, all competition partnership groups associated with the process concurred with the recommendation, which was subsequently adopted by the Commission and publicly announced. The selected design, which is one of the most sensitive landscapeoriented memorial design plans ever conceived, was the submittal by Paul Murdoch Architects, of Los

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Angeles, California. Nelson, Byrd Woltz (NBW) of Charlottesville, Virginia, is the landscape architecture firm that had been engaged by Murdoch prior to submitting the final competition entry. NBW was folded into the project team because Murdoch needed someone that understood the rural landscape and could bring much needed landscape background to a largely landscape-based design solution. Components of the plan situated on the 2,200 acres include:

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An arrival point off a state highway featuring the Tower of Voices, which serves as a visual point of reference for the arrival and includes 40 wind chimes that are remembrances of the voices of the 40 heroic victims, because voices are the last thing loved ones heard from their family members. An entry road sequence of vegetation and open spaces Site plantings that will show color schemes through flowering and foliage color timed for major visitation days such as Memorial Day, July 4th, September 11th, and Thanksgiving Day. A succession of plantings that were planned out over 75 years to reclaim a landscape largely impacted by strip mining operations. An arc of trees, Red Maples, that defines a “bowl” area, which is a kind of “void” that includes the general area of the crash site and the “sacred ground” where the crashed plane came to rest. The arc is an alle´ e of trees and subtle walls that rim the bowl perpendicular to the radius point. A pond and wetlands area, caused by mining operations, will be upgraded to be included as a proper part of the visitor experience. The sacred ground area enclosed by a wall where visitors will be allowed to leave remembrances and tributes. The area will be planted with a rich me´ lange of low-maintenance grasses, perennials, and bulbs that bloom throughout the visitor year. A visitor center that includes two large, tall walls defining the flight path of Flight 93 and also an area with a large plaque bearing an

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important commemorative phrase advanced as the preamble to the mission statement by Paul Murdoch—“A Common Field One Day . . . . A Field of Honor Forever.” Groundbreaking for the project occurred on November 7, 2009. Construction on the first phase of the project was to begin after a deal was reached to purchase about 1,400 acres for almost $10 million. Initial construction will proceed using private funds. The U.S. Government was expected to include the federal share of funding in the 2010 fiscal year appropriations. The projected cost of the entire memorial site that will be developed over many years is about $58 million in 2009 dollars. Ongoing information about the project and the history of the project can be found on the Web site www.honorflight93.org and at www.nps.gov (Cramer 2005a, Moore 2009). 9. Single-Family Residential and Garden Design Projects

Many landscape architects focus some or all of their professional practice on site planning for singlefamily residences and garden design. Indeed, this area of professional practice is important enough to the profession of landscape architecture that ASLA created in 2005 a specific category for residential design in its annual professional awards program. The residential design category is cosponsored by the magazine, Garden Design which is primarily devoted to designing outdoor residential gardens. There have been a number of multiple residential design award winners since 2005 including Lutsko Associates and Andrea Cochran Landscape Architecture, both of San Francisco, Stephen Stimson Associates of Cambridge and Falmouth, Massachusetts, and MESA based in Dallas, Texas. The historical roots of landscape architecture involved extensive design of estate landscapes and gardens before and after the turn of the twentieth century. A number of mid-twentieth century landscape architects, such as A. E. Bye, developed extensive track records in site design for estates and residential gardens. A. E. Bye, who died in 2001, is noted for a style of estate and garden design that combined three schools of landscape design: English landscape gardening, modernism, and the

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Figure 2-54. (a) Rendering of the Tower of Voices, Flight 93 Memorial; (b) rendering of the wall surrounding the sacred ground, Flight 93 Memorial; and (c) rendering of the arc of trees, Flight 93 Memorial. Courtesy of Paul Murdoch Architects, Los Angeles, California.

more recent ecological ethic. Bye’s minimalist designs involved a high degree of craftsmanship, a simple palette of materials, and a sympathetic relationship to the landscape setting. In his well-known plans for the Howard Stein residence in North Salem, New York, completed in the mid-1960s, Bye sliced a pathway around an existing natural bog, incorporating it as a designed feature in the residential garden setting. Bye described his work in this way: ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■

Our bog landscape as designed by us required courageous supervision to complete. Before we could do surveys or any construction or necessary clean-up work, we had to rid the place of menacing snakes and snapping turtles, otherwise no laborers would dare enter into the thick mud and ooze. On the first day we encountered 17 snapping turtles, two copperheads, and 27 black snakes. After they were removed without injury, we pulled out tangles of fallen branches, old logs and stumps of long dead trees. Then we filled the edges of the bog with

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topsoil for foot paths. Little more was done except for placing some large boulders for stepping stones at visual points of interest and introducing more water-tolerant plants: Marsh marigolds, cattails, cinnamon ferns, Winterberry Holly (Ilex verticullata), Highbush Blueberry (Vaccinium corynbosm), Arrowood (Viburnum dentatum), Red Osier Dogwood (Cornussericea), and Spicebush (Lindera benzoin). Also, Mountain Laurel clumps were planted on higher ground. (Bye 1980)

Fifty years later Bye’s description could well be applied to almost any ecologically sensitive design of twenty-first century landscape architects. Perhaps the most well known of Bye’s residential projects is the Gaines residence and the 500acre Gainesway Farm in Lexington, Kentucky. Bye worked on this project for 10 years and designed stables, fences, walls, roads, fountains, gardens, and a barn complex for the farm’s thoroughbred stallions. The signature of the project is a 450-foot ha-ha wall that curves sinuously through a pasture

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Figure 2-55. The bog landscape preserved and enhanced at the direction of landscape architect A. E. Bye for the Howard Stein residence. Photograph by A. E. Bye.

adjacent to the farm buildings. The ha-ha wall is built of masonry construction using limestone field rock with deep joints that make the wall appear as if it were dry-laid. Bye, who also was a master landscape photographer, conceived the wall as an intentional landscape art form. The zigzag path of large, rectilinear limestone slabs from the buildings is a contrast in form to the ha-ha wall and other strong forms in the soft, carefully graded pasture landscape. Bye designed the stallion complex at Gainesway Farm in collaboration with architect Theodore Ceraldi. The stallion complex includes eight fourhorse barns, a main barn, and a lunging ring. Bye introduced a 172-foot-long water feature that slices through a group of existing oak trees. The water feature includes a number of bubblers, and although appearing to be a horse trough, serves aesthetic purposes only. The paths around the complex are paved with red brick chips that provide a color contrast to the pasture setting (Howett 1990, Johnson 1991, Iovine 2001). Michael Van Valkenburgh Associates designed a unique residential garden, called the Black Granite Garden by Landscape Architecture in its 1990 awards issue. To achieve more of a Xeriscape appearance,

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the residential garden was updated from an existing design that relied on lush plants. The long, narrow shape of the 2,500-square-foot garden is the foundation of the design, which encourages movement through the space and a feeling of exaggerated perspective. A long, linear path of black manganese bricks slices through the center of the space and is interrupted by a central area paved with dark granite and a water channel accented by horsetail aquatic plants at one end of the channel and a tall blackgranite column at the other end. Water drizzles down the face of the black-granite column, wetting the face of the rough-cut rock and contrasting vividly with the still water in the formal channel. Italian cypress trees, planted in a linear format, are the predominant plant material used in the garden. A hedge of clipped ficus trees planted in front of a scrim of galvanized mesh for jasmine and Boston ivy to climb on forms one edge of the space, screening the neighboring house. The residence forms the opposite edge. Side paths of crushed black granite lead to sculpture niches. ASLA award jury members described the project like this: ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■

Grid-based but asymmetrical, formal yet conservation-minded, the garden strives to be “understated and timeless,” say the designers, while embracing “the modern tradition in landscape architecture. A spirit of calm and tranquility was pursued with attention to detail, particularly to the scale of the landscape spaces as [they] related to surface, materials and joinery.” Mentioning the “multitude of spaces, shadows and forms,” the jury called the garden “the high art of landscape architecture. . . .” This is the landscape architect’s opportunity to be a pure artist. (Landscape Architecture November 1990)

Michael Van Valkenburgh Associates received another Honor Award for Residential Design from the ASLA in 2008 for its project “Passage to the Lake,” which is located at one end of a horse shoeshaped lake in the small community of Stoneham, Maine. The project accommodates the client’s passion for kayaking by providing access from the house to the lake below. The plan for the access route offered the least intervention in the landscape as

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Figure 2-56. The site plan of the stallion barn complex and ha-ha wall designed by landscape architect A. E. Bye for Gainsway Farm in Lexington, Kentucky. Illustration by A. E. Bye.

Figure 2-57. The snow-covered winter landscape accentuates the timeless design of the ha-ha wall by landscape architect A. E. Bye at Gainsway Farm.

Figure 2-58. The ha-ha wall where it joins the perimeter wall at Gainsway Farm. Photograph by A. E. Bye.

Photograph by A. E. Bye.

well as providing for reconstruction of the floor of the Maine woodland landscape by transplanting native plants where needed. The informal walking path negotiates a steep wooded slope to a boat dock on the lake. The design employs a limited palette for the pathway architecture, including boulders, native river stone, cast-in-place concrete, and steel. The materials are combined from the top to the bottom of the path based on the relationship to

topography, drainage, and the plant community of the ground plane as it is encountered. Check out the project on the firm’s Web site, www.mvvainc.com. “The House by the Creek” won a 2008 national award of honor from the American Society of landscape Architects for MESA landscape architects of Dallas, Texas. According to the juror’s comments, the landscape architecture of the House by the Creek has strength as well as thoughtful

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Figure 2-59. Site plan of the Black Granite Garden designed by landscape architect Michael Van Valkenburgh. Plan courtesy of Michael Van Valkenburgh Associates, Inc.

restraint. Although the house sits on a wooded lot in an established Dallas neighborhood bordered by Turtle Creek and a busy four-lane street, it feels serene because of heavy tree cover and the orientation of the home. According to MESA, the project modestly uses high-quality materials that blend easily with the landscape: slate from India, Texas limestone, almondrilla wood, stainless steel, and copper. The House by the Creek, according to

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ASLA judges, is a study in subtlety, preservation, and limits. A strict adherence to edges is apparent when entering the motor court and traveling around and through the house to the creek bed. The detailing of the hard surfaces—terraces, stairs, pools, and ledges—is so precise that it appears machine made but always has the warmth of the rich materials used on the project. The landscape architect becomes a great editor when working on a job like this. One misplaced or poorly built detail can ruin the whole product. The project is a testament to the rigors of working with a driven design team that is willing to really understand the ideas of the owner. The Hither Lane Estate on the outskirts of East Hampton, Long Island, New York, won a 2003 ASLA Design Honor Award for the landscape architecture firm of Reed Hilderbrand Associates. This is an outstanding residential project that can be really appreciated by looking at the photographs on the firm’s Web site, www.reedhilderbrand.com. This residential garden design project has a timeless quality evident in the photographs of the finished product. The 11-acre site of the Hither Lane Estate is made up of three topographic zones: valley, plateau, and hill. A compound of buildings and garden courts occupies the plateau on the east edge of the site, preserving the valley and the hill part of the site as the cultured and beautiful open space of the site. According to ASLA’s judges, the project creates a sort of restorative retreat setting, while allowing for a full modern family life. The pool complex frames the pool house, walls, hedge, and stainless steel fence, providing the most expansive view of the entire property across the hill. The rational order and restrained character of the house, its garden courts, and the pool area offer a counterpoint to the romantic quality of the property. The design of Hither Lane is an excellent example of a seamless collaborative effort among landscape architect, architect, and owner. The Green Lane Residence in Jackson, Wyoming, received an ASLA residential design award of honor for landscape architect Jim Verdone in 2005. The project site is located on 23 acres situated adjacent to a levee along the Snake River near Jackson. The client had a strong appreciation and respect for the natural landscape and

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Figure 2-60. The dining terrace at the House by the Creek, MESA Landscape Architects. Tom Jenkins Photography, photo used courtesy of Lisa Jenkins.

wanted to develop the property in an ecologically sound manner. Historically, the Snake River flowed unrestrained in the area but in the 1950s the US Army Corps of Engineers began building embankments to contain overflows. The lush riparian landscape on either side of the levee, which depends on periodic flooding of the river to restore itself and regenerate cottonwood growth, is in jeopardy because of these levees. Even though the project site was affected by the levees, it had retained some wildlife value, but wetlands were disappearing, forests were being degraded, and cottonwood stands were maturing without potential for regeneration. The previous owner had placed 70 percent of the property in a conservation easement designed to protect the site’s natural resource values and had identified two building envelopes, each approximately 0.8 acres. The client chose the building site closest to the levee, located in a stand of mature cottonwoods, that was surrounded by degraded wetlands and remnant channels of the Snake River created during the periodic flood events that occurred prior to the construction of the levees. Verdone’s solution emphasized the natural resources present on the site. He created a plan that enhanced the existing wetlands, while restoring regenerative processes for the forests and cottonwoods. The remnant river channels outside of the building envelope were excavated, lined to control water elevations, and backfilled with suitable soil in order to sus-

tain a healthy wetland plant regime. The landscape architect and the wetland consultant, Headwaters Ecology of Jackson, were able to convince the U.S. Army Corps of Engineers and the Teton County Scenic Preserve Trust that the wetland and resource values on the site could be improved through by developing the plan. The general plan is straightforward. An entry road winds through forests and cottonwood groves, crosses three bridges, and terminates at the house complex. The complex includes the house proper, a hobby building, and a guest house. The architecture is strong timber and stone. The building can be seen on the builder’s Web site, www.bigdsignature.com. The site plan includes a pond adjacent to the house and other small ponds. The ponds were created by tapping the ground water. The main pond, or source pool, flanks the house on two sides and butts up to the lower pond in both formal and informal ways. At one formal edge, the water falls over a stepped rock face back into the lower pond. At another formal edge, the water in the lower pond abuts rectilinear wooden walls. Water along the wall that does not immediately enter the ponds over the waterfalls runs along a steel runnel and eventually falls back to the pond level. The ponds have overflows that let water spill into forests of young cottonwood groves during spring runoff and other times. Overflows eventually find ways back to nearby surface streams. The site plan includes rich rock-paved patios and a lower natural terrace area with rustic

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stone steps that lead to the lower pond. Stone seat walls, a fire pit and native plants grace the central outdoor patio. According to ASLA in the 2005 description of the project on the ASLA Web site: ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■

This project was unique in that the opportunity existed to create a dramatic setting for the house site, complimentary of and beneficial to, the existing landscape requiring support from the federal agencies responsible for protection of wetlands and the local agency responsible for overseeing the natural resources present on the site. By understanding the concerns of all parties involved, the landscape architects were able to craft a solution which appealed to everyone concerned and has become an exemplary design model for similar sites in the valley.

Check out the project at www. verdonelandarch.com (see also Arvidson 2006). Many client and project opportunities for gardens, including rooftop gardens, sculpture gardens, botanical gardens, prayer gardens, and healing gardens are not related to single-family residences. Gardens brighten both urban and rural landscapes and provide landscape architects with neat opportunities for professional practice. The Phoenix Tower Roof Garden sits atop an eight-story parking garage and is viewed from the adjacent 35-story office tower of a Houston, Texas, commercial high-rise complex. The client’s design program called for the space to be attractive as viewed from the office tower and also to be inviting for workers to walk into and enjoy. The project, which received an ASIA Merit Award in 1985 for The SWA Group, is viewed as an interesting graphic concept of the application of landscape architecture principles. The plan features the use of red, blue, and black tiles, as well as greens of plant materials and grass, used in geometric planes. Black tiles are used in a grid pattern in a very shallow pool to mirror the geometry of the building’s glass window wall. An open spherical framework constructed of tubular metal is the focal point of the rooftop garden and the place where users go to on the walks and the red-tiled naturalistic pathway. A granite-block

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water feature is located in the center of the sphere and is surrounded by a circular bench. Vines cover the metal framework, which is oriented on axis to a view of the Houston skyline. The project represents a strong design concept in which the naturalistic red-tiled walkway serves as a vivid counterpoint to the geometry of the rooftop garden. In 2006, the American Horticultural Therapy Association presented the Oregon Burn Center at the Legacy Emanuel Hospital in Portland with its annual Therapeutic Garden Design award for the center’s healing garden designed by the landscape architect Brian Bainnson of the firm Quatrefoil, Inc. of Portland. The Oregon Burn Center is a regional facility that opened in 2004. As recently as 2010, it was the only facility of its type between Seattle and Sacramento, providing care for patients with burns and skin-destroying diseases. The therapeutic garden was a first of its kind according to Clare Cooper Marcus in her 2008 Landscape Architecture article about the facility. The 9,000-square-foot courtyard garden is enclosed on two sides by the two-story hospital building. The garden is used by patients as a recuperative environment and by family members as a place to relieve stress while visiting their loved ones. The garden is often the first view patients see when waking from injuries, and it is the first outdoor environment they have access to while recuperating. The garden creates a four-season environment that is used by caregivers as a component of a patient’s rehabilitation. Breathing fresh air, for example, after being on a ventilator helps patients to recover. The garden also allows for different walking experiences on low ramps and different surface materials because many burn patients have to learn to walk again. The garden’s surfaces include concrete pavers, a gravel path adjacent to a circular lawn, and the lawn surface itself, which is slightly mounded. Many of the edges of walks include hand rails that assist patients with moving through the space. Pathways also are wide enough for patients in wheelchairs to negotiate the garden. A small fountain provides soothing sounds for recuperating patients. Shade is one of the most important elements because most burn patients must avoid direct sunlight. Shade is provided by trees and by two metal

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Figure 2-61. (a) Green Lane Residence. Courtesy of Verdone Landscape Architects

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(b) Site plan of the Green Lane Residence. Courtesy of Verdone Landscape Architects.

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shade structures, which provide cover over small activity spaces with movable chairs and a table. The garden responds to the need for a variety of seating options. There are wooden benches with backs and arms, clusters of easily movable plastic chairs, and the movable tables with chairs. The garden also

includes a “Shadow Pergola” designed by a local artist. The garden includes a private outdoor space for staff, yet the staff is just as comfortable in the main garden area. While the garden can be an integral part of patient recovery, it has been found that staff

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Figure 2-62. The geometry and materials of the Phoenix Tower Roof Garden, designed by The SWA Group. Photograph by Tom Fox, courtesy of The SWA Group.

Figure 2-63. The Phoenix Tower Roof Garden punctuates the shimmering backdrop of the mirror-glass exterior skin of the building complex. Photograph by Tom Fox, courtesy of The SWA Group.

members are the principal users of the garden. It is a space that staff can get away from the intense requirements of caring for burn patients indoors. Although the garden is slightly less than a quarter acre, it has a rich variety of theme plantings, including a butterfly garden, an orchard, a shade space, a perennial garden, a garden with northwest native plants, a fragrance garden, a rock garden, and a tropical garden. Plant materials in the garden are quite varied and rich in texture, foliage, flowering colors, and seasonal interest. The garden includes a number of edible plants such as strawberries, blueberries, crab apples, peas, and tomatoes. When they developed the plans, the designers listened to the ideas of the clinical staff and patients,

and incorporated them into the project. Serving as a model of success, the garden achieves an important goal: It supports the caregivers and is an integral part of their program for rehabilitating burn patients (Marcus 2006; see also the Quatrefoil Inc. Web site at www.quatrefoilinc.net). The Coastal Maine Botanical Gardens (CMGB) in Boothbay, Maine, opened in the spring of 2007 and is a continuing work in progress. The CMGB site is located on 250 acres of glaciated landscape on Maine’s coast. A botanical study of the site identified over 60 varieties of native lichen and mosses growing there and 300 other native species, including a rare stand of Tupelo trees. The ongoing mission of the CMGB is to create a garden that is

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Figure 2-64. Site plan of the Oregon Burn Center healing garden. Photo courtesy of Brian Bainnson, ASLA.

Figure 2-65. Bird’s-eye view of the Oregon Burn Center healing garden. Photo courtesy of Legacy Health.

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uniquely local yet cosmopolitan, where members and visitors can always find joy, inspiration, and sanctuary. To their advantage, the CMGB started with a site that is rich in natural vegetation and water resources. The site includes 3,600 linear feet of frontage on a shoreline tidal estuary as well as a small pond, wetland areas, a salt marsh, and a vernal pool. Vernal pools are temporary areas of water that occur in shallow depressions. They typically fill with spring rain and winter snow melt and may stay around through the fall if the summer is not too dry. They provide breeding habitat for wood frogs, salamanders, insects, and spiders. They also provide feeding and resting areas for other animals such as moose, bear, deer, mink, and migrating spring birds and waterfowl. The CMGB had the foresight to retain a fine group of consultants to get their new botanical garden off to an inspired start. The project planning began in the 1990s but really got focused on working with the natural environment when landscape architect Herb Schaal, FASLA, of EDAW’s Fort Collins office, was hired in 2004 to prepare the master plan. He also developed schematic plans for several of the featured gardens. The hugely successful master plan for the Central Gardens received the President’s Award of Excellence from the Colorado Chapter of the American Society of Landscape Architects in 2006 and also that year the project won a Merit Award from the Boston Society of Landscape Architects. Local landscape architect, Bruce John Riddell, ASLA, also was hired in 2003 because of his reputation for using native stone and also for his command of the use of native plants. After 2004, Riddell completed a number of planting and stonework projects at the CMGB, including the Rhododendron Garden,the Hillside Garden, and the Shoreline Garden of native plants. He also has helped implement a number of gardens laid out in Herb Schaal’s sketches. The Central Gardens of CMGB is the heart of Schaal’s planning and design effort. One of the main concepts of this area was to let the individual garden areas flow in and around the glacial landform and rock outcroppings. Every rock, ledge, and tree of significance in the Central Garden area was surveyed and located by Schaal’s team, and all of

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the key site elements were worked into the Central Gardens plan. The Central Gardens area includes a 9,500-square-foot visitor center designed by architects Quinn Evans of Washington, DC, because of their experience with similar facilities, museum architecture, and historic preservation architecture. The visitor center was completed in 2007. The Central Gardens area includes the great lawn and an events lawn; rose and perennial gardens; the Kousa Garden that includes a grove of dogwoods; a pond garden; a streamside garden; the Lerner Garden of the Five Senses, which is a sensory garden composed of a series of five linked spaces dedicated to the five senses; a rock garden; and hillside garden that was designed by the local landscape architect Riddell to be a connecting path to the shoreline. The Haney Hillside Garden uses stone and plantings to create interesting niches on switchback landings of the path. East of the visitor center lies three other gardens. The Burpee Kitchen Garden, which is a display area of vegetables, fruits, herbs, and flowers that lies outside the visitor center’s cafe´ . The Burpee Garden also includes a stone sitting area for cooking classes and horticultural talks. The Bibby and Harold Alfond Children’s Garden features Maine’s iconic plants and design elements inspired by children’s books set in Maine. It is a place for parents and kids to get their hands dirty. The Learning Garden includes garden structures like bins, sheds, and raised garden beds typical of home gardening operations (Brown 2008; see also the Web site of the Coastal Maine Botanical Gardens, www.mainegardens.org). 10. Conservation, Land, and Water Reclamation Projects

Since Frederick Law Olmsted’s plan for Boston’s Back Bay Fens, landscape architects have always been a leading professional force in the reclamation of disturbed landscapes and conservation of open space. Marsh and riparian landscapes, beachfronts and dunes, mines and landfill operations, logging and agricultural landscapes present a wide range of opportunities for the practice of landscape architecture. Reclamation and conservation projects draw upon the landscape architect’s understanding of the interrelationships of natural resources and

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Figure 2-66. Site plan of the central gardens at the Coastal Maine Botanical Gardens. Courtesy of Coastal Maine Botanical Gardens.

Figure 2-67. The central gardens at the Coastal Maine Botanical Gardens. Photo courtesy of Coastal Maine Botanical Gardens, Bruce John Riddell, ASLA, and photographer Billy Brehm, Riverside Studio Photography.

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Figure 2-68. Park users walk through knee-high grass and observe meadows that are allowed to revert to woodlands at Centennial Park in Howard County, Maryland. Photograph courtesy of LDR International, Inc.

the dynamic forces of ecology. These projects provide opportunities for landscape architects to assemble and manage teams of ecologists, botanists, wildlife biologists, fisheries experts, archaeologists, and other professionals with expertise in natural and cultural resources to work as interdisciplinary teams so often necessary for reclamation and conservation projects. The clients for reclamation and conservation projects are often found in the public sector and quasi-public-sector, but private-sector opportunities may exist with mining, logging, and private landfill companies. Private conservation organizations, such as the Sierra Club or The Nature Conservancy, may also provide project opportunities. Centennial Reservoir and Park in Howard Country, Maryland, designed for a public-sector client, is an good example of the landscape architect serving as the lead professional to develop a land, water reclamation, and conservation project. Centennial Reservoir was envisioned as a flood-control project that also would meet some of the recreational needs of the county’s residents. Whereas the flood-control objectives were clear from the start of the project, the recreational objectives for both active and passive recreation were less clearly defined. They evolved out of the planning and design process. The landscape architecture firm, LDR International (acquired by HNTB in 2000), was responsible, for the master plan, design development, and construction documents. The project received a Merit Award from ASLA in 1989.

The master plan for Centennial Park, which lies just north of Columbia, Maryland, included five project objectives: 1. To provide, within the capacities of the site, a variety of recreational opportunities, both active and passive, for the country as a whole 2. To set aside a portion of the site as a natural reserve zone in which vegetation and wildlife communities can continue to function with as little disturbance as possible 3. To create the opportunity for establishing a nature study program, with areas set aside for field experiments, including reforestation, habitat enhancement, water quality, and erosion control 4. To establish a development program with the flexibility to change its emphasis or direction should the needs of the community change 5. To determine the role of Centennial Park as one of several regionally oriented park sites along the stream valley of the Little Patuxent River, and to explore what opportunities the stream valley, acting as a natural spine, presents for linkages with schools, residential neighborhoods, and other recreational facilities The site for Centennial Park fell in the path of urban development that was consuming the agricultural landscape and farms of Howard County. Today, Centennial Park is surrounded by urban

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Figure 2-69. Canoers glide through the headwaters of the reservoir at Centennial Park in Howard County, Maryland. Photograph courtesy of LDR International, Inc.

Figure 2-70. The pedestrian bridge linking the north and south sides of the shoreline at the west end of the reservoir at Centennial Park in Howard County, Maryland. Photograph courtesy of LDR International, Inc.

Figure 2-71. A snack shop, comfort station, and boat launch at Centennial Park in Howard County, Maryland. Photograph courtesy of LDR International, Inc.

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growth. The landscape architects, however, sought to preserve the 336-acre site as a microcosm of the regional landscape, vegetation communities, and wildlife habitats. ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■

The landscape architect designed a place where future generations of county residents would be able to walk to a meadowland habitat, to experience firsthand the succession from fields to woods, to enjoy the edge habitat between hedgerow and field and to experience the diversity of a farm pond community. . . . Farm fields are being permitted to progress through the natural succession without manipulation; reservoir design and construction emphasized habitat creation, with varying depths and edge treatments; active recreational areas are limited to edge parcels adjacent to residential development; and community participation during the planning process and in ongoing program development has helped to assure widespread support for the park. (Landscape Architecture November 1989)

LDR International divided the park master plan into three theme zones: natural reserve areas, dayuse sites, and organized sports fields. The park serves as a living laboratory of the transition of farmland to woodland vegetation. It also meets a wide range of active and passive recreational activities, including water-based recreation. Today, the reservoir is a heavily used urban fishery and the park is the site of many regional sport events including triathlons because the park’s water resource provides the setting for the second leg of a triathlon. The park is surrounded by suburban housing developments and continues as a valuable recreation resource for nearby residents. From 1978 to 1984, a group of Ohio zoo administrators conceived an ambitious reclamation project designed to transform a 9,154-acre reclaimed coal mine into a conservation facility for endangered animals. Known as The Wilds, the site, which looks more like Africa than central Ohio, was planned to hold as many as 100 endangered species on its rolling grasslands. The Wilds was designed to serve two main groups of users: (1) wildlife biolo-

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gists and other experts who will study the animals, and (2) tourists. The design team, which included the Portico Group, a Seattle landscape architecture and architecture firm; Robert W. Teater & Associates, the project’s senior advisor; the architecture firm of Fein-knopf, Macioce, Schappa; the engineering firm of Burgess & Niple, Ltd.; and the Artist/Designer Advisory Planning Team (ADAPT) all faced a challenge to develop the site so that it would be a suitable visual setting for the wild animals. The original owner of the site, the Central Ohio Coal Company, reclaimed the coal-mining operations according to federal standards in the 1960s and 1970s. The reclamation project resulted in a contoured landscape dotted with retention ponds that was visually different from the existing terrain. The northern third of the site was revegetated with trees and the southern two-thirds are largely grasslands, which created a suitable habitat for imported grazing animals. When the Central Ohio Coal Company gave the site to The Wilds in 1986, planners and landscape architects began developing a master plan that would ultimately be best for the animal species in terms of food and breeding. Ongoing management and development of the facility has dealt with the complicated issues of preserving habitat, while providing access for tourists. Access roads were sited where possible to avoid impacts on views, and problems with subsidence caused the relocation of some of the planned facilities. Fencing of the initial open range was completed in 1990, and the first wild animals arrived in 1991, including Hartmann’s mountain zebras, scimitar-horned oryx, and Przewalski’s Asian wild horses. Despite ongoing land management issues, The Wilds is a successful and very ambitious reclamation project (Roberts 1993). The project substantially increased the space available nationwide for breeding endangered animals. Behavioral, nutritional, and reproductive research conducted at The Wilds enhances breeding success among endangered animals. The natural, open environment provides endangered species one of the most favorable settings in which to survive. The Wilds is a founding member of Conservation Centers for Species Survival, a group of large conservation facilities in North America dedicated

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Figure 2-72. Master plan for the 9,154-acre reclamation project The Wilds that preserves habitat for endangered species. Plan courtesy of The Portico Group.

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to cooperative conservation and research for the advancement of species conservation. Other founding partners include the San Diego Wild Animal Park and the Smithsonian Institute’s Conservation Research Center. Since 2002, The Wilds has worked closely with the Columbus Zoo and Aquarium. In addition to collaborating on specific conservation projects, the two organizations have developed a formal relationship that allows for sharing of resources to strengthen both institutions. The master plan developed by the Portico Group has stood the test of time, and The Wilds continues to provide a valuable wildlife conservation resource and a unique wild animal experience for visitors, who now can spend overnight in yurt accommodations in the wild that were opened in 2009. The master plan for Peck Farm Park, about 40 miles due west of Downtown Chicago, in Geneva, Illinois, was developed by landscape architecture firm Kestrel Design Group together with the Geneva Park District over a 10-year period in the 1990s and early 2000s. The 395-acre site is a former homestead and has become a unique addition to the Geneva park system. The preservation of the park site is a response to the vanishing farmland and native prairie landscape in the wake of suburban growth that has emanated from Chicago. Native prairie landscape is preserved on about a third of the site. The original farm house and outbuildings are incorporated as exhibit spaces including a rehabbed silo building where narrow horizontal windows have been inserted providing natural light for exhibits reached by circular stairs. Next to the silo, the old corn crib also provides space for historic exhibits on farming and also functions for special events and art exhibits. Pathways through the prairie landscape provide the venue for much of the park’s nature interpretation. The site also includes a small pond and wetland area offering additional interpretive opportunities. In 2003 a butterfly house was opened with more than 30 species of butterflies. Not to leave out the city’s other needs, a number of active recreation fields for soccer and baseball are located in the park, too. The master plan for Peck Farm Park includes five biomes: the wetland and pond area; a wet prairie zone around the large pond, Peck Lake, and several smaller storm water pools; a mesic prairie

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zone; a mesic prairie with scattered oak groupings; and a small woodland area. Today a large area of the site remains in agricultural use until such time that the complete master plan can be built out and significant acreage on the site can be restored to mesic prairie. Perhaps the most important aspect of Peck Farm Park is that it serves as a reminder of the character of the land as it once was prior to the unending advance of suburbanites into the Chicago region. This is especially true for children, who can experience the interconnectedness of native landscape and food production at Peck Farm Park. It is places like this that can demonstrate to children how exurban farms can be preserved for producing diverse vegetable, fruit, and nut crops, providing local sources of produce in contrast to the mass growing of mono crops for feed corn, soybeans, or ethanol production. As the twenty-first century proceeds, there will continue to be a growing market for locally produced, organic produce, and this market force will be one of the reasons preventing the loss of at least some of the farm landscapes like Peck Farm (Erdmann 2003; see also the Geneva Parks District Web site at www.genevaparks.org). Reclamation of solid waste landfills, while not the most prolific source of landscape architecture commissions over the last 100 years, has captured the imagination of many. While the number of parks, formal open space sites, and recreation sites created on top of old landfills is not known for sure, estimates of more than 1,000 such sites exist in the United States. The EPA reported that there were 2,122 active landfill facilities in the United States in 2008. The EPA also has estimated that about 3,700 landfills have been formally closed since 1991. Thousands of old informally closed and abandoned sites, however, exist throughout the country. Some of the famous landfill closures include Flushing Meadow in New York which was turned into two world’s fairs and Virginia Beach’s Mt. Trashmore, which was converted to open space starting in 1978. From 1960 to 2008, the amount of trash produced in the United States tripled from about 85 million tons to just over 250 million tons, so there may be quite a number of landfill conversion opportunities as time moves forward. One of the reasons that former landfill sites are valuable is they represent open-space opportunities, sometimes quite extensive in acreage, that

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Figure 2-73. Reestablished prairies at Peck Farm Park. Photo courtesy of The Kestrel Design Group.

are close to urban centers. Reclaiming landfills also can have a very positive effect on adjacent neighborhoods. While not always the best sites for sports playing fields that may require irrigation or for recreational building development, the sites can be ideal as open-space parks and places for reestablishing natural vegetation resources. Landfill reclamation is covered by a plethora of environmental regulations covered by the EPA and other government agencies at all levels of government. The EPA, for example, has regulated all municipal solid waste landfills since 1991. Today landfills must be lined to protect ground water resources, and they must be capped at closure with a minimum temporary soil cover until they are sealed with a final soil cover before ten years have passed. The two biggest challenges for reclaiming landfills are methane and other gas production which is typically collected and reused, and ground settlement. The settlement is virtually impossible to control at practical costs. One approach to settlement is to let it happen in those areas above the solid waste cells that can be used mostly as revegetated open space and locate other park activity in areas of the site that were the source of earth borrow for daily cover during operation of the landfill and for final cover material. Spectacle Island in Boston’s Harbor Island National Park Area is an interesting story of landfill reclamation. The island had been the site of a quar-

antine station in the 1700s, a summer resort with gambling and prostitution from 1847 to 1857, and also in the 1800s it was a place where horses were rendered into glue. It served as a site for a trash incinerator and then a solid waste landfill until 1959 when Boston closed the site for accepting any additional solid waste. In the 1960s a fire broke out on the island and burned underground for many years. The island existed as a quasi-closed site until the city identified it as a location for depositing material resulting from Boston’s “Big Dig.” Over 3.5 million yards of rock, dirt and other debris were dumped on the Spectacle Island landfill from 1992 to 1997, increasing the size from 97 to 105 acres and the highest point from 92 feet to 150 above sea level. Slopes of 3:1 were required by environmental regulations over the landfill footprint. A containment dike of compacted glacial till from the island and boulders was constructed to create space for the fill that was barged to the island. Also, 600,000 tons of rock were added to the new shoreline to control erosion from ocean waves. As a concession for using the site to dump the excavated material, the island was reclaimed as an open-space park with trails, a marina and a visitor center. The Boston landscape architecture firm of Brown, Richardson & Rowe developed the grading and landscape plans for the reclamation and worked with Dr. Phillip Craul, a soil scientist, to develop manufactured topsoil and loam substrate

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using glacial till, sand, and organic matter that was made of 100 percent brewery waste products. When the supply of brewer’s waste dwindled, the compost was revised to be made up of 70 percent of the brewery waste products and 30 percent processed sewage solids, or “biosolids.” The material was used to cap the landfill and ranged in thickness from 2 feet to 5.5 feet on top of the 18-inch cap of clay required to cap the landfill. A top dressing of compost and forest products was added on top of the manufactured soil. Once the topsoil was in place and grading completed, Brown, Richardson & Rowe addressed planting and seeding. More than 2,300 trees and over 25,000 shrubs were planted along with a variety of grasses. Erosion control was the main goal of the plantings as was withstanding harsh climatic affects of wind and rain. Plants were chosen for self-seeding characteristics and low maintenance. Temporary irrigation lines were laid on the surface and irrigation was applied for a couple of growing seasons. The entire planting and grow-in took about five years from 1997 to 2002. A second objective of the planting plans was creating wildlife habitat. Deer, coyotes, and a wide range of birds have been seen on the island. An invasion of muskrats, which threatened crabapple trees and other plants in the first two years of the 2000s, was controlled before visitors were allowed to enjoy the island with its hiking trails and vista points. A problem with leachate, however, took a number of additional years to resolve before the park could be opened for visitors. In 1999, a system for capturing leachate from interception trenches before it entered the harbor’s waters and recirculating it on the island was put in place with approval of the Department of Environmental Protection. It worked for four years, then failed. Ultimately, a system was installed for pumping the collected leachate to nearby Long Island, where it would enter a system to be treated at another nearby island. The park was opened to visitors in 2006 with full access to the ferry dock, marina slips, visitor center, cafe´ , five miles of accessible paths, and the experience of Brown, Richardson & Rowe’s planting plans. The plants have provided the landscape architects with a unprecedented opportunity to study what works and what doesn’t. Plants

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that did the best included northern bayberry, Rosa rugosa, Ural falsespirea, and Robinia hispida. Other plants that were successful are sweet fern (Comptonia peregrine), sycamore maple, shadblow serviceberry, eastern arborvitae, pin oak, red oak, and the native beach grass. Problem plants include almost all of the crabapple species, which were lost to the muskrats, and green Colorado spruce. Lowbush blueberry and highbush blueberry disappeared, while a number of volunteer species brought to the island by natural processes have been successful, including staghorn sumac, black and white pussy willows, and quaking aspen (EPA 2008; Hazelrigg 2006; Harnik, Taylor, and Welle 2006; see also the Web site of Brown, Richardson & Rowe, www.brownrowe.com). 11. Historic Preservation and Landscape Restoration Projects

A specialized and growing area of landscape architecture project opportunities is landscape preservation and restoration. Historic landscapes are cultural resources that are important local, state, or national assets. Historical landscapes reflect the ways people have used specific sites related to occupation, subsistence, recreation, or cultural pursuits, and they reveal much about our relationship with nature. Historic landscapes include residential gardens, parks, scenic routes, explorer’s routes, settler’s routes, parkways, arboretums, zoos, cemeteries, residential areas, towns, villages, industrial sites, college campuses, waterfronts, and many other segments of the culturally shaped landscape. Opportunities for landscape architects include historic inventories and surveys, as well as preservation, rehabilitation, restoration, and reconstruction plans. Clients may be private or public; projects may be small or large. Whatever the size of the project, attention to detail, authenticity, and thoroughness are key elements of the successful historic landscape project. Because of the significance of historic landscapes in America, the National Park Service worked with the American Society of Landscape Architects’ Historic Preservation Professional Interest Group to establish a national program for documenting and preserving important historical landscapes in the country. The program, which parallels the National Register of Historic Places, is the Historic

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Figure 2-74. Site plan of Spectacle Island. Courtesy of Brown, Richardson & Rowe Inc.

Figure 2-75. Photo of Spectacle Island. Courtesy of Brown, Richardson & Rowe Inc.

American Landscapes Survey (HALS). Developed in the year 2000, its mission is to record historic landscapes in the United States and its territories through measured drawings, interpretive drawings, written histories, large-format black & white photographs and color photographs. The National Park Service oversees the daily operation of HALS and formulates policies, sets standards, and drafts procedural guidelines in consultation with the American Society of Landscape Architects. The Prints and Photographs Division of the Library of Congress preserves the documentation for posterity and makes it available to the general public. HALS will continue to be the source of landscape architecture opportunities in the future.

A plan for restoration and use of Stan Hywet Hall in Akron, Ohio, was prepared by Child Associates, Inc., in 1984 and received an ASLA award for historic preservation and restoration in 1987. The estate was the vision of Frank A. Seiberling, founder of the Goodyear Rubber Company, who hired early landscape architect Warren Manning in 1911 to develop the plans for the 4,000-acre estate. Manning located the house on a ridge to take advantage of views to the rolling hills, forests, and farmlands of the surrounding rural landscape. When Child Associates began the project, only two of Manning’s extensive number of drawings for the estate were recovered, so the landscape architects had to reconstruct much of what the estate

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Figure 2-76. The great lawn at historic Stan Hywet Hall. Photograph by Alan Ward.

was like regarding design intent and plant materials from correspondence between Seiberling and Manning between the years of 1911 and 1928. The landscape architects were able to define the original design objectives, which included grand spatial composition, construction of long vistas, largescale plant massing, use of native plant materials, and use of small-scale, formal outdoor rooms often introduced in natural settings on the site. The master plan’s three main objectives were to (1) identify Manning’s original design using the sketchy historic information that was available, (2) document existing site conditions, and (3) develop a restoration plan that featured Manning’s original design intent but also accommodated the site’s public use today as a cultural center for residents of the Akron area. The consultant also developed restoration priorities, funding strategies, and plans for present and future use. The successful master plan resulted in restoration of three major vistas and the intimate breakfast garden designed by Manning (Landscape Architecture November/December 1987). Some historic landscape preservation activities are very important, serving as archival examples of the work of early landscape architects. Such is the work of Walmsley and Company (later Tourbier and Walmsley) with Charles Birnbaum in developing a plan to preserve and maintain the 20-acre Springside National Historic Landscape site.

Springside is the central area of the Matthew Vassar Ornamental Farm, designed by Andrew Jackson Downing between 1850 and 1852. Downing is considered by many landscape historians to be the greatest American landscape theorist after Jefferson and before Olmsted. The site, outside Poughkeepsie, New York, may be the only existing authentic work of Downing’s to survive today in the United States. The site was described in 1857 as a lasting monument to Downing’s genius, to the management capability of its horticulturalist, Caleb Bement, and to the vision and taste of its owner, Mathew Vassar, the founder of Vassar College. Vassar hired Andrew Jackson Downing to plan for the land’s development. Downing believed that the neoclassical tendency towards bold, symmetrical buildings that dominated a formalized, geometric landscape was inappropriate for the rugged New England and Hudson River Valley terrain. He popularized the Hudson River Bracketed style of architecture noted for its asymmetric outline, sloping gables, irregular windows, and rustic finish that existed in harmonious combination with a more natural, unregulated landscape. The plan for Springside’s preservation and upkeep communicates the significant contribution of Vassar, Downing, and Bement. Preparation of the preservation plan, managed by Walmsley and Birnbaum, included specialists in

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Figure 2-77. Andrew Jackson Downing’s site plan of historic Springside. Special Collections, Vassar College Libraries.

architecture, horticulture, archaeology, landscape management, greenhouse operations, and history. An archaeological survey of buildings, driveways, water supply system, and vegetation revealed the extent of subsurface resources and the need for a systematic program of test pits, trenches, sonar, and infrared investigations. A horticultural analysis rated the existing vegetation by age, species, and condition. Architectural consultants examined the three surviving Downing structures, and a wood preservation specialist made proposals for immediately arresting further deterioration. The planning process included a comparison of existing site features and vegetation with historic paintings, engravings, and plant lists to determine authenticity. An important aspect of the plan is a maintenance concept intended to retain the form of the site and its details true to the work of Downing and Bement. (see Landscape Architecture November 1989). In 2001 the firm of Carol R. Johnson Associates (CRJA), Inc. received a national award from the ASLA for its work on the Battle Road Trail, Minute Man National Historical Park in Concord, Lincoln, and Lexington, Massachusetts. On April 19, 1775, the “shot heard round the world” on Lexington Green outside Boston was the beginning of the skirmishing between American colonists and British troops, the start of fighting in the American Revolution. Later the American revolutionists held

off the British troops in Concord, and the British began retreating back to Boston along a 20-mile route known today as the Battle Road while colonial militia and Minutemen flanked and harassed them. In order to preserve that historical landscape, the Minuteman National Historic Park was created by Congress in 1959. While most of the historic 20-mile corridor has been lost to urban development, the National Park Service (NPS) spent 30 years consolidating land, historic sites, and segments of the original Battle Road leading to CRJA’s late 1990s master plan for a 5.5-mile segment. Prior to the master plan, much of the visitation of Minuteman National Historical Park was primarily by people in cars with stops at a number of historic sites. The CRJA plan focused on pedestrianizing the trail and continued NPS work has attempted to bring the visual environment of the trail back to more of its original character. After completion of the master plan, the trail was cleared and automobile access was removed in the first phase of work. Parking lots were consolidated and located at strategic points of access, which allowed visitors to get onto the trail at various points and experience interpretive elements, such as agricultural fields and historic buildings, without having to walk the entire length of the Battle Road and return to their cars. Wetlands, which provided a source of animal feed for American colonists,

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still existed in the Battle Road trail area, and CRJA landscape architects developed methods for reconstructing wetlands and providing access across them using boardwalks. Construction techniques, such as incorporating boardwalk posts of plastic lumber, were utilized to significantly limit environmental impacts to the wetlands. Constructing the actual Battle Road Trail was the focus of the second phase of the project. Onethird of the 5.5-mile Battle Road Trail involved renovation of the original road in two separate sections. These sections are connected with a new trail that basically runs parallel to State Highway Route 2A which unfortunately lies above a considerable length of the original Battle Road. The new trail segments were constructed of a different material and a different width (only 7 feet wide) than the reconstructed segments of the original Battle Road, so park visitors could tell the difference. The historic segments of the Battle Road were recreated using sand and clay materials from local sources and laid out 11 to 14 feet wide, the width of the original road. An organic stabilizer product was mixed with the sand and clay to provide a suitable surface for bicycles and to allow the trail to hold up to more than a million visitors per year. The third phase of the project included additional trail construction especially related to areas with difficult issues of property ownership. Work in phase three included removal of some twentieth century structures in order to create a more authentically historic view from the Battle Road Trail. Phase three also focused on completion of a continuous trail for the 5.5-mile project. Remnants of existing stone walls that lined the Battle Road back then have been carefully retained. Project designers also added nifty stone markers in the shape of low obelisks with sandblasted numbers that give the mileage on one side to Concord, where the fighting started, and on the other side to Boston Harbor, where British troops would have ended on their retreat. Additional interpretive panels include brief tidbits of information such as marking the site where Paul Revere was captured. The national park area includes a number of historic structures that remain today where colonists witnessed the fighting. These structures today are referred to as witness structures, and subsequent phases of completing the master plan will

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focus on the continued restoration of buildings and the landscape setting, making the experience truer to colonial days. This work even includes returning some adjacent areas that are now forested to fields and pastures as they were in 1775. Later phases also will include reconstructing apple orchards using heirloom apple varieties of 1775 because apple production was quite central to life in the eighteenth century. Living history programs bring historic structures and fields back to life as it was at the time of the American Revolution (Hammatt 2002). In 2002, the firm of Susan Nelson-Warren Byrd Landscape Architects (now Nelson Byrd Woltz Landscape Architects) received a merit award in the annual ASLA professional awards program for its master plan of the birthplace site of the country’s fifth president—James Monroe. The 74-acre birthplace site is located in Westmoreland County, Virginia, but it is a small portion of the 500-acre family farm originally homesteaded by the Monroe family in the eighteenth century. The county asked the landscape architecture firm to create a unique, economical, and attractive park that celebrates Monroe’s birth and life, while providing passive recreation for the local residents. In order to meet these desires, the county wanted the master plan to provide general design strategies for the construction of a roadside parking area, installation of archaeological and cultural interpretive signs, the development of bicycle and walking trails, and other improvements deemed necessary and desirable. In order to preserve the historic and scenic aspects of the site, the master plan called for the establishment of conservation easements and land use restrictions on adjacent properties. These recommendations, however, were not enough to prevent a rezoning in 2006 for 86 homes on a 44-acre site adjacent to the Monroe birthplace property. The master plan also called for the protection and preservation of all archaeological resources, while emphasizing community outreach through volunteer research and investigation. The firm of Susan Nelson-Warren Byrd Landscape Architects was the primary consultant with responsibility for all aspects of the Monroe Birthplace master plan, and the firm was influenced by a series of meetings and presentations where input was gathered from Westmoreland County’s residents and public officials.

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Figure 2-78. Map of the Minuteman National Historical Park.

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Figure 2-79. The Battle Field Road in the Minuteman National Historical Park. Photo courtesy of CRJA, Carol R. Johnson Associates, Inc.

Figure 2-80. Bird’s-eye sketch of the James Monroe Birthplace Park, Westmoreland County, Virginia Copyright Nelson Byrd Woltz Landscape Architects.

The master planning process included documentation and analysis of the site, its geographic and historical relationships. The site’s cultural and natural history was pieced together by investigating historic maps and narrative information about the Monroe property. The planning document included pertinent mappings, proposed plans and sketches of key proposals. Moving the Monroe birthplace project along has been the goal of the James Monroe Memorial Foundation. The foundation negotiated a 99-year lease with Westmoreland County in 2005 to allow the Foundation to restore the birthplace farmhouse and establish an educational visitor center. The foundation has been raising funds with hopes that reconstruction of the birthplace farm house and implementation of parts of the master plan will proceed as soon as 2011. (See the ASLA Web site

and the Web site of the James Monroe Foundation, www.monroefoundation.org.) Timberline Lodge located at an altitude of 6,000 feet on Mt. Hood, Oregon, is one of the country’s great historic building resources. Part of the WPA construction program of the 1930s, the lodge is an American icon and one of a handful of master crafted large wood-construction buildings in National Parks, including the Ahwahnee Hotel in Yosemite, El Tovar at the Grand Canyon, and Glacier Park Lodge at Glacier National Park. President Franklin Roosevelt dedicated Timberline Lodge on September 28, 1937. An integral part of the Timberline Lodge site plan is an amphitheater that provided seating for at least 400 people on 14 different terrace levels, opened at the same time as the lodge. Strategically sited on an axis between Mt. Hood and Mt.

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Jefferson, the amphitheater afforded visitors views of distant peaks up to 100 miles away. For reasons not entirely understood, the amphitheater was neglected and was standing in ruins by the year 2000. Snow-melt runoff had eroded terraces and deposited sediment at the lower levels. The wooden benches were dilapidated and suffering from haphazard replacement of timbers. The site was a mess, which led the U.S. Forest Service, Friends of the Timberline, and the Richard Konstaam family to engage Richard Zita of the Bramare Landscape Architecture firm to study the amphitheater’s condition and develop a plan for historic renovation with cost options. The design for the project was the easy part as it turned out. As is typical of historic preservation and related work, the approval process is often the most difficult to deal with. In the case of the Timberline amphitheater, a plethora of regulations, agency reviews, coordination, and permitting took over a year to work through before construction could begin. The State Historic Preservation Office required the landscape architect to use the original design and construction methods as much as possible, which included 18-inch cedar half-round logs set on 12inch square cedar posts. The landscape architect also was required to make the amphitheater accessible, to connect it to the lodge, which had not been addressed very well by the original builders of the lodge in 1937. Storm drainage, replacement paths and terraces, and revegetation of areas above the amphitheater were addressed. According to Richard Zita, developing the halfround cedar seat was a challenging process. First, the cedar logs had to be located and going to 15inch-width logs saved almost $13,000 in lumber costs. A local lumber supplier that had the large lathes necessary to turn the logs into consistently dimensioned rounds was located. The lumber supplier also used a method of halving the logs by using a “draw knife” finish that pulls a series of knives over the surface of the logs to give them a handhewn appearance. One of the changes Zita made was in the spacing of the 12-inch cedar timbers that support the half-round logs. The original spacing was 10 feet on center, but Zita went to 6-1/2 feet on center to counter snow loads of up to 12 feet deep, which had contributed to the ruin of the original benches.

To address the drainage, the landscape architect introduced a retention basin above the amphitheater and lined it with native rock, while working with the Forest Service, which created a diversion ditch further uphill to handle much of the snowmelt water. A foot drain was also added below the stage and drained outside the walls that enclose the site. The landscape contractor, Cascadian Landscapers, Inc. was very helpful in constructing the drainage improvements not to mention the project as a whole. After the bench posts were set in place, the terrace risers were installed and backfilled with a mixture of 1/4-inch minus rock blended with local pumice. Then the half-round seats were installed with 9-inch hot-dipped galvanized lag bolts, countersunk and plugged with cedar caps. According to Zita, the upper four terraces and benches of the original amphitheater were left in place in order to tell the story of the original amphitheater and to save costs. The new amphitheater now seats about 230 people, a more manageable size for programming events, everything from concerts to weddings. The amphitheater finally is destined for much greater use now that it is accessible and related more to the function of the hotel (Zita 2007). 12. Landscape Art and Earth Sculpture

A growing segment of landscape architecture practice in the last quarter of the twentieth century was the introduction of art in the landscape and the notion that the designed outdoor environment can be art in and of itself. That notion has continued into the twenty-first century. Landscape architects are collaborating with artists and working independently as land sculptors or using materials to paint the landscape surfaces they create as if the ground plain were a large canvas. The historical roots of this area of professional practice can be found in the work of Brazilian landscape architect Roberto Burle Marx, who gained a widespread reputation in the 1950s and 1960s by using colorful plant materials and pavements to “paint” his landscape creations. More recently environmental artists such as Andy Goldsworthy and Christo Javacheff have been creating “landscape art” that is environmentally interesting if not provocative. In the last quarter of the twentieth century, the San Francisco landscape architecture firm of Hargreaves and Associates (www.hargreaves.com)

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Figure 2-81. Timberline Lodge amphitheater reconstruction. Photo courtesy of Cascadian Landscapers, Inc.

developed a reputation for creative collaboration with artists, resulting in projects with sculpted earth forms, drifts of colorful plants, and paving materials. The firm also used surprise in the environment, like the fountain at Plaza Park in downtown San Jose, California, to delight and intrigue the users of public outdoor spaces. The Plaza Park fountain is a paved surface with 22 jets that spout water at the intersections of a glass-block grid. The entire fountain area can be walked through and became a delightful water play area for children and adults alike. The Plaza Park project represents the rebirth of a historic urban park in the heart of a city that has been itself in the midst of a commercial and cultural renaissance. The goal of the project was to reassert a public open space as the principal focus for downtown San Jose. The 3.5-acre park links together the expanded art museum, the Fairmont Hotel, and the downtown convention center. Park Plaza occupies the oldest open-space site in San Jose on ground that has been important, since the city’s beginning as a pueblo. Metaphorical references to the city’s rich past and bright future were layered into the design of the park. A grid of jacaranda trees recalls the almond and prune orchards of the region’s rich agricultural past. The glass-block grid of the fountain alludes to the high-tech development of Silicon Valley. The axial central promenade traces the route of historic

Monterey Road, the Camino Real that linked San Jose with the California missions. At the north end, the promenade splays into a V-shaped plaza before a granite stage. The V shape is reinforced by a stand of mature redwoods. These angled green walls create a foreshortening of perspective in the informal outdoor stage area. Placed asymmetrically to the central spine, the fountain tells a story of San Jose’s climatic, geological, and cultural history. Inspired by artesian wells discovered near the site in the 1800s, the fountain traces the water cycle through the course of a day. In the morning, the fountain produces a fine mist, like the fog that rolls onto the valley floor from the bay. As the day warms, the mist turns to a bubbling spray that slowly gives way to the grid of jets that start low and build to ample columns. The splashing jets are meant to recall the artesian wells of the pueblo era. By night the fountains glass-block grid glows a cool green from below. The columns of water become columns of light. Throughout all hours of day and night, the fountain, which is at the same grade as the surrounding walks and lawns, provides completely unrestricted access to water. The success of the Plaza Park project can be gauged by the overwhelming public acceptance and use of the park. On any day, the park can be found teeming with people. The fountain has become something of a local swimming hole for children and adults. On hot summer afternoons, people

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Figure 2-82. Site plan of San Jose’s Plaza Park. Courtesy of Hargreaves Associates.

Figure 2-83. The Plaza Park fountain at day. Courtesy of Hargreaves Associates.

travel to the park from surrounding neighborhoods and beyond to cool off in its splashing columns of water. The city uses the park for special events and festivals, including the transformation of the park into a wintry scene during the year-end holiday season. Another of Hargreaves Associates landscape art pieces is Guadalupe Gardens, also in San Jose. This 4-acre courtyard garden is the first cell in a large network of public gardens totaling about 200 acres near downtown San Jose. The gardens will occupy a site within San Jose International Airport’s approach zone adjacent to Guadalupe River Park. The

planning and design of Guadalupe Gardens and the Guadalupe River Park were integrated and coordinated, taking advantage of the opportunity to create several hundred acres of open space within the city of San Jose. The setting, which was residential at one time, was reclaimed for public open space because of its proximity to the airport. The master plan for Guadalupe Gardens recognizes preexisting street grid patterns. The flowing lines of the passing river extend into the gardens from the riverbank in the form of threedimensional elements and meandering walks. The structural design concept of Guadalupe Gardens

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Figure 2-84. The Plaza Park fountain at night. Courtesy of Hargreaves Associates.

expresses the confluence of the river with the urban fabric of San Jose. The master plan included a garden center for lectures, club meetings, and workshops; 9 acres of informal, naturalistic woodland gardens planted with wildflowers, perennials, and meadow grasses; rivulets that represent fragmented pieces of the Guadalupe River, recalling the sloughs once found on the site; play fields; and 40 acres of commercial gardens to be leased to flower and seed growers. Fifty acres of Guadalupe River Park are planned to be developed as courtyard gardens, following the remnants of the street grid pattern. The courtyard gardens are planned as modular cells accommodating a variety of garden styles and facilitating a variety of uses. Each courtyard can be built as a complete phase of the overall development. In the first courtyard garden designed by Hargreaves Associates, San Jose’s rich agricultural heritage, as well as natural phenomena unique to the region, are reflected metaphorically. Large earth forms mimic the surrounding foothills, stretching like fingers into the center of the garden, with flowering cherry trees and mustard plants drifting up the valleys. The playful pattern of the decomposed granite paths is reminiscent of the flow of the nearby river. Paths meander through the valleys, meet and intertwine like streams on a delta, spreading out in the form of an expanded fishnet across a colorful plane of native annuals and perennials. Wandering among the beds of California native wildflowers, one can revisit the Garden City, as San Jose was

once known, and encounter distinct pods of flowers planted thematically. One entrance is framed by a mass of fragrant perennials; other pods are planted with native ground covers, daylilies, roses, periwinkles, statice, and spring bulbs with sweet alyssum. Smaller maintenance paths further subdivide the fishnet pattern, dividing each pod into smaller beds. Participation of community garden clubs has been a key to completing the park plantings and maintaining them. A grass-covered cone marks the center of the courtyard garden. It is a focal point for passersby. The cone provides a vantage point for off-site views to San Jose, the nearby foothills, and the patterns of the courtyard plantings. This grass mound also provides exciting views of the undersides of airplanes that pass overhead, seemingly almost within reach on their descent to the runway. The courtyard garden is also a visual landmark from the air. Curving hedges frame the cone, and four concrete walks form a discontinuous cruciform, recalling the orthogonal pattern of the once-subdivided property. The gardens are meant to arouse curiosity, inviting the visitor to linger and stroll about this gentle allegory of the surrounding California landscape. Other gardens completed in the Guadalupe River Park by the year 2010 include the Heritage Rose Garden, a historic orchard, the Taylor Street Rock Garden, and a community garden site. The first decade of the twenty-first century saw the opening of two international parks where the land itself has been sculpted on an enormous scale.

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Figure 2-85. Site plan and elevation of first courtyard garden in San Jose’s Guadalupe River Park, designed by Hargreaves Associates. Courtesy of Hargreaves Associates.

The first of these is Moerenuma Park in Sapporo, Japan. The Moerenuma Park site is a former landfill dump. The concept for the park originated in 1979 at the time the site was designated to begin receiving waste material. The mayor of Sapporo insisted that the site eventually be reclaimed as a public park and he wanted a park that would be of epic scale. Nine years later, in 1988, the last year of Isamu Noguchi’s life, Sapporo commissioned the worldfamous sculptor and self-styled landscape architect to develop the plan for reclaiming the site as a park in the form of a major work of art. Beginning in Sapporo in May of 1988, Noguchi met with engineers and politicians and then set out on a fast track to develop the plan which was dedicated to children. The program for the park included a mountain, an amphitheater, sports fields, and facilities for active recreation. Noguchi fashioned the program elements together into a kind of playground, albeit of vast scale. Noguchi’s site plan actually included two “mountains” and sev-

eral other smaller elevated park elements. When Noguchi died in December of 1988, he left behind some sketches and models that were used as the basis for implementing the development of the park over the next 18 years. The park was officially opened in 2005. During the years before the park was opened, much of the work of realizing Noguchi’s plans fell to the Tokyo-based firm Architect 5 Partnership. The architecture firm designed many of the site improvements and buildings, including the Glass Pyramid, which serves as the administrative center on the site and includes a gallery, a cafe´ , a performance space, and a viewing platform. The scale of Moerenuma Park is enormous. The park is 467 acres. The elements are huge forms in the largely grass-covered landscape. The largest landform, Mt. Moere, for example is 200 feet in height and a thousand feet in diameter at the base. An 80-acre forest of cherry trees encloses seven play areas of uniquely designed play elements that are more sculptural in appearance than looking like play apparatus. The Tetra Mound is a simple, dynamic form that consists of a triangular pyramid of 6-foot diameter stainless steel columns 45 feet high at the apex. The pyramid rises above a perfectly shaped, grass-covered circular mound. An adjoining square is used for events. Moerenuma Park is a monumental achievement in landscape architecture that the world ought to be grateful for. It is a truly unique man-made environment and a fitting tribute to the inspiration of Isamu Noguchi (Treib 2006; see also the Web site of Moerenuma Park, www.sapporo-park.org.jp). Northala Fields in West London, England, is the second park opened in the first decade of the twenty-first century to include enormous sculptural landforms and stylized park features such as urban fishing ponds. The 45-acre site is located in the London Borough of Ealing and the “land art” forms a new gateway icon for West London. The innovative project got its start when the Ealing Council decided to transform the derelict land alongside the A40 highway. The site was once home to playing fields for the boroughs of Kensington and Chelsea. In 2000, Ealing held a competition that was won by the London landscape architecture firm FoRM Associates, Ltd. Because the site was subject to flooding and threatened nearby housing with storm water damage, the competition

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instructions focused on raising the elevation of the site, using water in the design solution, and providing protection from storm water flooding. The council also wanted local residents to be actively involved in the design of the site. FoRM principal, Peter Fink, came up with a solution that included the creation of four man-made sculpturally formed hills in part to shield the main part of the park from the noise and visual distraction of the A40 and also to elevate the site out of the flood zone. The four conical forms range in height from a low of 45 feet high to 90 feet in height. Mr. Fink realized that a number of huge civil engineering projects were about to get under way in west London, including the redevelopment of Wembley Stadium, the Terminal 5 building at Heathrow, and a nearby giant shopping center. These projects would have a significant amount of excess excavated soil. So, the landscape architect offered to take all the spoil at the Northala Fields site, charging an average of £80 per truck load, and reducing the distance that developers had to haul it to about 10 miles rather than 100 miles to a landfill site, where they also would pay for tipping charges. The site eventually used about 550,000 cubic yards of imported material that arrived in 65,000 truck loads. In the process, the Northala Fields project reduced the overall carbon footprint for the source projects such as Wembley and White City. More importantly, it provided the raw material for creating the new landform in the park and generated £6 million in funds to develop the recreational and ecological enhancements. The mounds are covered with turf and wildflowers. The highest mound features a spiral path edged by a gabion retaining wall feature. The gabion baskets are filled with crushed concrete from demolition material imported to the site. Gabions also provide the base for benches. Where possible, materials for the park have been sourced from recycled materials. Finely crushed concrete, for example, serves as the paving material for paths. The urban fishery is a large body of water that is divided into six smaller ponds by causeways and boardwalks. The water system captures ground water and surface runoff from the park development, helping to alleviate the flood issues that previously plagued the site. The water resources are augmented by water drawn from a hole bored into a subsur-

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face aquifer. Water flows from the aquifer source into a small wetland area used primarily for ecological education by nearby schools. The aquifer water also flows into the fishing ponds and a small pond suitable for model boaters. This park is a product of a passionate group of landscape architects led by Peter Fink. The project also benefitted from ecological and management consulting by Peter Neal and staff at the London office of EDAW. With a considerable amount of coaching from the design team, the park won the overwhelming support of nearby residents and the general public. The park, the largest to be built in London for a century, has become a model for sustainable construction and design in the London (Coulthard 2009; see also the FoRM Associates Web site, www.formassociates.eu). Parque Celestial in the planned community of Mediterra north of Naples, Florida won an award of excellence from the Florida Chapter of the ASLA in 2003. The park is the first in a series of themed parks each with a different character developed at Mediterra. Featured in the park designed by Ellin Goetz of the landscape architecture firm, Goetz & Stropes, is a celestial clock, or human sundial, one of a number of astrological elements. In addition to the human sun clock, the park includes a stargazing pavilion and a labyrinth. Visitors to the park, according to Goetz, experience the effect of time by observing light and shadow, stars and planets, and seasonal landscape changes. The Stargazing Pavilion sits atop a knoll overlooking a wetland preserve. By night, it provides an ideal setting for exploring the night sky. Plant materials in the park reflect the effects of light and of seasonal change. The intent of the entire site is to reconnect with nature and the planetary influences in our lives. The Labyrinth is an ancient form of walking meditation. The interactive sun clock measures time by the casting of a human shadow. When starting work on the human sundial, Goetz found Douglas Hunt of Ayshire, Scotland, who is a worldwide consultant for sun dial calculations. Hunt provided Goetz with help on the layout of the markers so that a human shadow cast against the markers would be correct for the latitude of Naples. The design consists of cast concrete markers set in a 30-foot flattened elliptical shape. The markers are set to reflect only the fall to springtime clock of daylight savings

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Figure 2-86. Aerial view of the giant earth mounds at Northala Park in the Ealing Burrough of West London. Photo courtesy of Peter Fink.

set of stairs that lead to the stargazing pavilion. It is a simple, elegant and interesting sculptural landscape feature (Goetz 2003; see also the Goetz & Stropes Web site at www.gsnaples.com).

Architectural and Engineering Clients Figure 2-87. The human sundial in Parque Celestial designed by landscape architect Ellin Goetz. Photo Courtesy of Ellin Goetz.

time since many residents of Mediterra are snowbirds and leave the area during the hotter summer months. The marker stones are set in a circular crushed shell bed, which provides sharp contrasting shadows. Two-foot square concrete pavers are set inside the circle to direct the people to the correct standing point where their body becomes the human dial. The clock area is enclosed with a low wall and plantings, and it is set up on axis with a

The architectural and engineering (A/E) community is a large source of clients and project opportunities for landscape architecture firms. While landscape architects working for A/E firms typically work as subconsultants, they also work on an even footing with A/E firms when hired directly by a client. The connections with A/E firms frequently lead to opportunities for the landscape architecture firm to contract directly with a third-party client. In some cases, the A/E firm may not want the administrative responsibility and professional liability exposure associated with a sub contract and will request that the landscape architecture firm contract directly with the client.

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The A/E community in general is one of the easiest client and market sectors for the landscape architecture firm to develop and nurture. Because collaborative professional relationships are necessary for carrying out almost all development projects, members of the A/E community, including landscape architects, enjoy professional relationships that, if maintained, are normally cooperative and beneficial. Members of the A/E community speak a similar language. Therefore, developing client relationships with architects and engineers is easy. Friction may occur in crossover areas of professional services, such as site planning, because architects, landscape architects, and civil engineers all have expertise in site planning. Site grading is another crossover area where each of these A/E professionals has expertise. Building up A/E client relationships is an important part of professional practice opportunities for almost all landscape architecture offices.

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or without the architecture firm that provided the initial referral of the landscape architect. Developing architecture firms as clients is one of the easier client markets for the landscape architect to penetrate. The professional working relationship between architect and the landscape architect is well established and time tested. Architects as a client group are easy to make contact with through professional organizations. They often travel in the same professional and business circles that landscape architects do. Contact with the landscape architecture firm is frequently initiated by the architecture firm when the need for landscape architecture services occurs on a project that the architecture firm already has under contract. Once the initial contact is made by an architecture firm, the landscape architects are in a good position to nurture and develop the A/E client relationship.

Civil Engineers Architects For any firm of landscape architects just starting out, and usually throughout the firm’s business life, architects are a major source of clients, especially for those landscape architecture firms oriented to traditional private-practice areas that include project design, site planning, site amenity design, grading, planting design, and irrigation design. Architects not only serve directly as a landscape architect’s client, but they also are one of the best sources for a landscape architecture firm to identify and develop other private and public-sector clients. Working on teams with architects can lead to developing relationships with developers, for example, and those relationships can lead to direct contracts with the developer on future projects. The architect may decide not to engage the landscape architect directly as a subconsultant on a project for which the architect is serving as prime. Instead, the architect may wish to maintain a professional working relationship with the landscape architect, coordinating the landscape architect’s role, but refer the landscape architect to the client for the contractual relationship. This allows the landscape architect to nurture a professional relationship directly with the client, who may develop future projects with

Another allied profession that provides very good client opportunities for the landscape architect is civil engineering. Although civil engineers often serve in subconsulting roles, providing grading, drainage, and utility design as their part of a project design team typically led by an architect or a landscape architect, civil engineers also provide primeconsulting services for several types of projects, resulting in professional opportunities for landscape architects. Planning and designing roads and highways, as well as other transportation-related projects, are important types of projects where the civil engineers frequently serve as a prime consultant, and where subconsulting opportunities are available for the landscape architects. Visual and environmental assessment for corridor planning, highway beautification, landscaping, and highway impact mitigation have historically been areas of professional involvement for the landscape architect with civil engineering firms. Transportation planning, which is often carried out by civil engineers with specific training and experience in all types of transportation planning, including mass transit, provides additional subconsulting opportunities for the landscape architecture firm. Generally speaking, civil engineers, like architects, are an easy client market for landscape

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architects to penetrate. The rewards can be big, too. Rehabilitating our highway infrastructure and building new transit and other public transportation systems will require high levels of public spending in years to come. In the client relationship between landscape architects and civil engineers for transportation projects, the role of the landscape architect is usually focused on environmental assessment, visual analysis, urban design, planting, and irrigation design.

Structural, Electrical, and Mechanical Engineers Although not as important as architects and civil engineers as a source of contracts for the landscape architect, structural, mechanical, and electrical engineers may provide occasional subconsulting opportunities. A structural engineer, for example, may obtain a prime contract to design a new bridge, which could lead to environmental assessment and landscape design opportunities for the landscape architecture firm. Structural, electrical, and mechanical engineers also may provide referral opportunities for the landscape architect. Landscape architects also need to develop and nurture relationships with these three engineering disciplines for those times when the landscape architect requires their services on a project.

Planners and Environmental Consultants Another source of subconsulting and consulting opportunities can be found in professional relationships with planners and environmental consultants. Because many of the services provided by planners and environmental consultants are crossover services also provided by landscape architects, the best opportunities for client development may be in the formation of consulting teams with these allied professionals to serve private and public-sector clients. Networking is the key to developing professional relationships with planning and environmental assessment firms.

Corporations: For-Profit and Not-for-Profit Corporations are one of the best sources of clients and projects for landscape architecture firms. Local companies that develop buildings and physical plants, or national franchise developers, such as McDonald’s, The Home Depot, Wal-Mart, Exxon, Hilton Hotels, or Hyatt-Regency, need landscape architecture services. A landscape architect may develop corporate clients by direct contact or by working in a subconsulting capacity with another A/E firm. Landscape architecture firms have had a wide range of opportunities to design corporate headquarters, including high-profile corporate campuses for large companies, as well as smaller facilities for local businesses. Corporate facilities frequently provide outstanding design opportunities because high-profile developments are a way for corporations to present a successful image to the community. Expensive, well-designed corporate facilities are regarded as a sign of a successful company. Not-for-profit corporations are developers of a wide variety of facilities providing opportunities for landscape architects. Some nonprofit corporations also focus on preservation and conservation activities providing environmental assessment, environmental planning, and environmental management opportunities for landscape architects. Direct contact by email, phone, or in person with the executive director, property development director, or conservation director of nonprofit corporations is one of the best ways to establish a professional relationship with the nonprofit corporate client. Responding to RFPs (requests for proposals) solicited by not-for-profit corporations is another good way to develop client opportunities.

Public-Sector Clients The public sector provides equally as much client and project opportunity as the private sector. Many landscape architecture firms have clients in both the private and the public sectors, which helps balance the firm’s workload, providing stability if work in one sector is slower than the other sector.

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There are three primary public-sector clients: 1. The federal government 2. State governments 3. Local governments including municipal, county, and metropolitan agencies One of the positive and helpful aspects of securing government work and public-sector clients is that most public work today is awarded on the basis of a qualifications-based open selection process advertised through an RFQ or RFP. Public works RFPs, regardless of the level of government, are announced via public notices, usually published on Web sites, in a newspaper or other public notification medium such as online computer services. The public announcement of prospective projects makes it easy for the landscape architecture firm to follow the news media and be aware of opportunities for public works projects. The downside of this public announcement process is that many projects will have large numbers of firms submitting a proposal for the work. The other aspect of the public works selection process that must be considered by the landscape architecture firm is the cost, both in time and in direct out-of-pocket expenses, associated with submitting a proposal to try to secure a public contract. The public submittal process usually involves preparing a statement of qualifications, preparing for an interview if the firm is short-listed, and conducting the actual interview and contract negotiation if the firm is selected for the project. Each of these phases can be costly, with no guarantee that the contract will be secured. Some selection processes even add further steps and additional costs, such as preparing a technical proposal. The great recession that began in late 2007 caused a riff in the selection processes for public works projects. The lack of available clients and projects in the private sector led many firms that had been practicing in the private sector for years to start responding to public-sector RFQs and RFPs. With the private development sector depressed, the number of firms that showed up at pre-proposal meetings, for example, in the depths of the recession was significantly greater than pre-recession days, causing pressure on the available amount of public-sector work.

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Because the public works selection process is highly competitive, if a firm’s track record is directly related to the project requirements, the odds are better for securing the work. Public servants are accountable for their decisions on hiring consultants and must ensure that the firm hired has the experience necessary to provide the best possible public services at a fair price. The key to securing work through the RFP/RFQ selection process is convincing public officials that the firm is specifically qualified and has the most related track record for the advertised project. Specialized track records also allow a landscape architecture firm to develop relationships with the decision makers of public agencies in the firm’s areas of expertise sometimes to circumvent the selection process because no other firm may have as much experience at solving a specific design, planning, or environmental problem. The downside of specialized public-sector experience occurs when no projects are available in the firm’s specialty area. The public sector offers a very large market to landscape architecture firms, and almost all firms have at one time or another developed public-sector clients. Success in the public sector marketplace can be enhanced by developing and maintaining ongoing relationships with public officials. Regularly scheduling lunch meetings or other types of gettogethers for keeping up to date is one way to keep in touch with agency staff. Making presentations of projects at meetings of public officials is another way to get in front of and impress prospective public clients. Keeping in touch with public officials and agency staff is a good way to get out in front of upcoming projects and potential RFPs or RFQs. Knowing about projects and discussing them in advance of an RFP or RFQ is a good way to position the firm with public officials and agency staff for when the RFP/RFQ is eventually publicized.

Federal Clients A larger number of federal agencies are sources of work for landscape architecture firms. Although this book cannot cover all of the avenues for procuring federal public works projects, agencies that have been the major sources of landscape architecture contracts include the following:

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National Park Service National Forest Service Federal Highway Administration Environmental Protection Agency Department of Defense Department of Housing and Urban Development Office of Americans with Disabilities There are many other federal agencies, too numerous to discuss in detail, that have also provided landscape architecture opportunities. Some of these agencies are: Bureau of Reclamation Bureau of Indian Affairs Bureau of Land Management Bureau of Surface Mining Reclamation and Enforcement National Trust for Historic Preservation United States Fish and Wildlife Service Department of Agriculture Soil Conservation Service Federal Aviation Administration Urban Mass Transportation Administration US Army Corps of Engineers Department of Veterans Affairs

park units in the NPS, including national parks and monuments, scenic parkways, river ways, seashores, lakeshores, recreation areas, reservoirs, and historic sites. The NPS also helps administer dozens of affiliated sites, the National Register of Historic Places, Historic American Landscapes Survey (HALS), National Heritage Areas, National Wild and Scenic Rivers, National Historic Landmarks, and National Trails. The NPS also administers the state portion of the Land and Water Conservation Fund. The National Park Service presides over 84 million acres of land and water resources that provide tremendous opportunities for landscape architecture work. The Denver Service Center (DSC) is the largest contracting office in the National Park Service and serves the Associate Director for Professional Services in Washington, DC. The NPS has migrated to an electronic commerce environment for the majority of its acquisition and procurement activity for professional services. For those interested in doing business with the National Park Service, detailed guidance and registration information can be found on the NPS’s electronic commerce site at http://ideasec.nbc.gov. When you access the Web site, you can: ■

National Park Service

Established under the Department of the Interior in 1916, the National Park Service (NPS) administers the nation’s extensive system of national parks, monuments, historic sites, and recreation areas. The NPS is charged with administering the properties under its jurisdiction for the enjoyment and education of U.S. citizens, protecting the natural environment of the parks, preserving historic sites of national importance, and assisting states, local governments, and citizens groups in the development of park areas. The NPS has a service center in Denver, Colorado, that provides planning, architectural, engineering, construction management and other professional services, including landscape architecture services. There are seven regional offices of the NPS and a center for the production of interpretive exhibits, audiovisual materials and publications in Harpers Ferry, West Virginia. There are 392

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Review all requirements posted by Department of Interior bureaus including the NPS Search for and read any open RFQ, IFB, and RFP Quote on RFQs Receive electronic awards and notices for RFQs Download solicitation packages and drawings as desired

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Obtain a valid Dun & Bradstreet Number (D&B) from Dun & Bradstreet through the Internet (www.dnb.com) or by calling them. Only vendors with valid D&Bs may submit quotes. Register the firm at the NPS’s electronic commerce Web site.

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The Contracting Services group provides a wide variety of services to parks and regions in the national park system, as well as to U.S. Fish and Wildlife Service, Bureau of Land Management, and U.S. Forest Service. The Contracting Services Group: ■

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Construction planning (design) GIS services and geotechnical engineering Archeological investigations and evaluations Hazardous material surveys Aerial photography and topographical surveying Utility surveys Construction management Boundary and construction layout surveys Transportation and traffic engineering Historic resources Cultural landscape inventories Environmental assessments General Management Plans

Negotiates, awards, and administers task orders against existing contracts to accommodate the needs of in-house project managers, regions, parks, and other agencies. Solicits, evaluates, negotiates, awards, and administers construction contracts (generally over $100,000) for the NPS line item construction program, as well as the Fee Demonstration Program and other fund sources.

U.S. Forest Service

The Forest Service was created by the Transfer Act of February 1, 1905, which transferred the federal forest reserves and the responsibility for their management from the Department of the Interior to the Department of Agriculture. The protection and development of the forest reserves are governed by the Organic Act of 1897, the Multiple Use-Sustained Yield Act of 1960, the Forest and Range Land Renewable Resources Act of 1974, and the National Forest Management Act of 1976.

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The Forest Service has the federal responsibility for national leadership in forestry and stewardship of the national forests. The mission of the USDA Forest Service is to sustain the health, diversity, and productivity of the nation’s forests and grasslands to meet the needs of present and future generations. The phrase, “Caring for the Land and Serving People,” is the Forest Service motto. As set forth in law, the mission is to achieve high-quality land management under the sustainable multipleuse management concept to meet the diverse needs of people. First among the Forest Service objectives is to provide a sustained flow of renewable resources—outdoor recreation, forage, wood, water, wilderness, wildlife, and fish—in a combination that best meets the needs of society now and in the future. The mission of the U.S. Forest Service includes:

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Advocating a conservation ethic in promoting the health, productivity, diversity, and beauty of forests and associated lands. Listening to people and responding to their diverse needs in making decisions. Protecting and managing the national forests and grasslands so they best demonstrate the sustainable multiple-use management concept. Providing technical and financial assistance to state and private forest landowners, encouraging them to practice good stewardship and quality land management in meeting their specific objectives. Providing technical and financial assistance to cities and communities to improve their natural environment by planting trees and caring for their forests. Providing international technical assistance and scientific exchanges to sustain and enhance global resources and to encourage quality land management. Helping states and communities to wisely use the forests to promote rural economic development and a quality rural environment. Developing and providing scientific and technical knowledge aimed at improving our capability to protect, manage, and use forests and rangelands.

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Providing work, training, and education to the unemployed, underemployed, elderly, youth, and disadvantaged in pursuit of our mission.

The Forest Service’s objectives have been guided by a multiple-use philosophy, and the development of plans to achieve multiple uses of the national forests has provided much work for landscape architects in the twentieth century. Picnicking, camping, engaging in water sports, driving on scenic roads, skiing, and engaging a wide range of other outdoor recreation areas in National Forests have led to many planning and design opportunities for landscape architects over the last half of the twentieth century and will continue well into the twenty-first century. Forest Service consulting opportunities are available through FedBizOpps, the federal government contracting portal site (www.FedBizOpps.gov). An outstanding landscape architecture project carried out by a private consulting firm for the U.S. Forest Service is the plan for the Mount Saint Helens visitor facilities in the Gifford Pinchot National Forest in southwest Washington. The design team, closely coordinated by Forest Service staff, was led by the Seattle office of EDAW, Inc. (now AECOM), and included the architecture firm Spencer Associates of Palo Alto, California. Design of the Coldwater Ridge Visitor Center was the first major project completed in the landscape devastated by the volcano’s eruption in 1980. The Coldwater Ridge Visitor Center is located within the landscape setting that was leveled by the blast from the nearby crater. This setting of ashes, dry mudflows, rocks hurled from the gut of the crater, and gray carcasses of trees snapped off at the base of the trunk by the more than 600-mile-perhour winds and instantly weathered by the searing heat from the volcano resembled a lunar landscape more than any earthly counterpart. Recognizing the unprecedented opportunity to develop this site in a multi-use fashion for tourism, recreation, and scientific study, the Forest Service launched the design effort for access and development of visitor facilities and interpretive programs with the first visitors arriving at the Coldwater Ridge Visitor Center in 1993.

The central goal of the design team was preservation of the landscape setting, while introducing the visitor center, parking areas, trails, viewing platforms, and support facilities into the fragile landscape and preserving the environment as a laboratory for scientific studies. Tree blow-downs, boulder “bombs,” and ground-plane materials, including the plating of ash from the volcano eruption, were removed from the visitor-center site and replaced after construction. The aim was to make the center appear as if it had grown organically out of the pallid landscape. One hundred years from now, when it is surrounded by a majestic evergreen forest, the center will fit even more integrally with its setting. Re-vegetation specifications were developed from surveys of native plants growing in the area, and revegetation efforts were carried out by ecologists using hand-collected seeds and techniques developed specifically for the project. EDAW’s landscape architects joined Forest Service scientists to carry out transects of the construction site, identifying and cataloging all emerging flora and blast artifacts. These transects became the basis for the carefully designed landscape restoration. Blast artifacts—stumps, snags, and blow-down logs—were carefully replaced. Replanting with indigenous seeds and plant specimens collected from the immediate site area and mulching with ash residue created a seamless integration of the built project with the post-blast landscape. Sustainability of the design is dynamic, not static. It will be achieved through an emphasis on site evolution and a conscious management policy of not interfering with the processes of regrowth and natural succession of the landscape. The building architecture of the Coldwater Ridge Visitor Center was designed with a timeless quality. The structure is integrated with the landform and emerges from it as if dropped in by a helicopter. Extensive use of native rock walls further glues the structure to the volcanic setting. The green patina of the copper roof and the hexagonal central structure mimic nearby volcanic mountain peaks. The building was designed to be integrated with its setting now and in the future when conifer forests return to the site through natural revegetation processes (Leccese 1993). An observatory, located on Johnson Ridge, is only 4 miles from the crater. It provides dramatic

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Figure 2-88. The entrance to the Coldwater Ridge National Volcanic Monument. Photograph courtesy of EDAW, Inc.

Figure 2-89. Arrival drive and setting of the Coldwater Ridge National Volcanic Monument. Photograph courtesy of EDAW, Inc.

Figure 2-90. Observation deck and setting of the Coldwater Ridge National Volcanic Monument. Photograph courtesy of EDAW, Inc.

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Figure 2-91. Landscape reconstruction at the Coldwater Ridge National Volcanic Monument. Photograph courtesy of EDAW, Inc.

views directly into the crater and features an interpretive theater, trails, and parking. An amphitheater located east of the observatory is sited at the edge of a precipitous drop, creating the illusion that nothing exists between the visitor and the mountain except the valley floor thousands of feet below. Federal Highway Administration

The Federal Highway Administration (FHWA) became a component of the U.S. Department of Transportation in 1967 under the terms of the Department of Transportation Act. The FHWA administers the highway transportation programs of the Department of Transportation and is concerned with the total operation and environment of highway systems. In administering its highway programs, the FHWA gives full consideration to the impacts of highway development and travel; transportation needs; engineering and safety; social, economic, and environmental effects; and highway project costs. The FHWA ensures balanced treatment of these factors by utilizing a systematic approach in providing for safe and efficient highway transportation. The FHWA manages the federal aid highway program of financial assistance to states for highway construction. This program provided for construction and preservation of the 42,500-mile national system of interstate highways, financed on a 90 percent federal, 10 percent state basis, as well as the improvement of approximately 800,000 miles of other federally aided primary and secondary roads and streets on a 75 percent federal and 25 per-

cent state basis. The FHWA also administers the Highway Bridge Replacement and Rehabilitation Program and emergency programs to assist states in the repair or reconstruction of federal-aid highways that have suffered severe damage from natural disasters. Funds for federal aid to highways are administered by the states, which are responsible for the planning, design, and construction of federalaid improvements. Revenue derived from highwayuser taxes is deposited into the general funds of the U.S. Treasury and credited to the Highway Trust Fund to meet, through the congressional authorization and appropriation processes, the federal share of highway program costs. Federal Highway Trust Fund moneys have provided many opportunities for landscape architecture projects in highway-impact mitigation, highway beautification, and preservation of natural, cultural, and visual resources. Contract opportunities directly with the FHWA are somewhat limited for landscape architecture firms. Certainly following up on prospects available through FedBizOpps, the federal government contracting portal, is an option. The Office of Federal Lands Highway (FLH) is another part of the Federal Highway Administration that has opportunities for landscape architects. Developing professional relationships with large, national transportation engineering firms to build subconsulting relationships may be the best approach, however, for landscape architecture firms wanting to work on FHWA projects.

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Figure 2-92. Aerial photograph of the first lid park over 1-90 on Mercer Island looking east. The lid concept spans the freeway, connecting neighborhoods with parks and providing recreation opportunities. Photograph by Denton Vander Poel, courtesy of Washington State Department of Transportation.

Under the FHWA, the Office of Federal Lands Highway (FLH) provides program stewardship and transportation engineering services for planning, design, construction, and rehabilitation of the highways and bridges that make access available to and through federally owned lands. FHWA’s initial partnership began with the U.S. Forest Service in 1914 and expanded to the National Park Service in 1926. The Federal Lands Highway Program was created by the 1982 Surface Transportation Assistance Act and signed by President Reagan on January 6, 1983, to provide financial resources and technical assistance for a coordinated program of public roads that service the transportation needs of Federal and Indian lands. The FLH currently provides transportation engineering and related services, such as landscape architecture, in all 50 states, the District of Columbia, Puerto Rico, and the Virgin Islands. Because the work tends to be located in National Parks and National Forests, there is a need for the sensitive environmental approach brought into the planning and design process by landscape architects. The FLH Web site has a link (http:// flh.fhwa.dot.gov/) to learn more about specific project opportunities in three regions: Eastern, Central, and Western Federal Lands. The Interstate 90 project in Seattle, Washington, is one of the most ambitious achievements, completed under a cooperative effort between the Federal Highway Administration, the Washington State Department of Transportation, the City of

Seattle, and the City of Mercer Island. The 7-mile multimodal transportation corridor includes 200 acres of park and roadside beautification, 4 acres of new wetland, 12 miles of urban multi-use trails, and 31 acres of park and recreation amenities on lid structures within three urban communities: Seattle, Mercer Island, and Bellevue. The project is a significant achievement, the result of perseverance and design excellence of landscape architects, architects, artists, engineers, and much public input in a planning process that took 30 years from start to completion of the transportation improvement. The old Interstate 90 freeway separated communities with a broad expanse of pavement, noise, and vehicular pollution. The new project protects the communities by lowering the roadway to reduce visual and noise impacts. It joins adjacent neighborhoods by using lid structures to provide the real estate for landscaping and parks. The entire project was designed to create a coordinated corridor for pedestrian, bicycle, and vehicular movement. Three lid structures and seven widened bridge structures span the depressed highway. The structures provide active and passive recreation opportunities in an aesthetically pleasing environment for local street and trail users. Active recreation facilities include baseball diamonds, soccer fields, practice fields, boat-launching facilities, and basketball and tennis courts. Other amenities designed with the transportation improvements include children’s play areas, restroom facilities, viewing points, a picnic shelter, picnic tables,

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Figure 2-93. Bike path on the Mercer Island’s lid park.

Figure 2-94. A tot lot, parking areas, and open play fields on the Mercer Island lid park.

barbecues, benches, bike racks, drinking fountains, lighting, and public art. The bicycle and pedestrian trails connect with Bellevue’s trail system to downtown Seattle. The portals of the lid structures were designed structurally to include substantial plantings of large evergreen trees at the entrances to the tunnels. The masses of evergreen trees darken the area surrounding the tunnel entrances, easing the drivers eyesight adjustment to the lower light level within the tunnels. The east portal of the tunnel at Mount Baker Ridge, known as the Portal to the Pacific, accommodates a viewing point providing spectacular views of the city’s floating bridges on Lake Washington and the distant Cascade Mountains. The viewing point complements the historic character of the Lake Washington Boulevard Parkway, originally designed by the Olmsted brothers. The project is a model of local government cooperation, public involvement, technical knowl-

edge, and teamwork of allied professionals brought together to reach a common goal. The project exemplifies the vision and the mission of the Federal Highway Administration, exceeding the expectations of all of those involved with its completion. The Squaw Peak Parkway in Phoenix, Arizona, is another highway project that benefited from the FHWA’s emphasis on enhancements intended to increase the aesthetics of freeways. The Squaw Peak Parkway includes some of the heaviest plantings found on any stretch of freeway in the Phoenix metropolitan area. It also includes a 5-mile stretch of more than 30 huge pots on and beside the 12-foot-high sound walls on both sides of the freeway. The pots are the creation of artists Mag Harries and Lajos Heder. The pots may be considered successful in one sense because they have been a source of much conversation and criticism. The landscaping of the freeway has been regarded as a model of the color and diversity that is

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Figure 2-95. Picnic tables and barbecues amid ventilation stacks on the Mercer Island lid park.

Figure 2-96. The portals of the lid structure are heavily planted with evergreen trees, easing the driver’s eyesight adjustment at the entrance to the tunnels.

achievable through xeriscape design and the use of new drought-tolerant plant materials introduced to the region in the 1980s. The plants are plentiful and used in extensive drifts throughout the right-of-way and medians. Figure 2-97. Landscaping on the Squaw Peak Parkway in Phoenix, Arizona.

In 1991, a new federal law, the Intermodal Surface Transportation Efficiency Act (ISTEA), was passed, and it was aimed at reducing the emphasis on cars and focusing on alternative modes of transportation and giving local governments more

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Figure 2-98. Giant pots in the Squaw Peak Parkway right-of-way.

authority over how funds are spent. ISTEA mandated public participation in transportation planning. ISTEA provided significant opportunities for landscape architects because the law is focused on mitigating the impact of freeways. Part of ISTEA’s funds were slated for mass transit programs, and another part of the funding was authorized for highways. The Surface Transportation Program of the highway funds required at least 10 percent of each states share of the program be targeted for enhancements that increase the environmental, historic, or aesthetic attributes of highway projects. ISTEA expired in 1997, but two similar programs followed: (1) the Transportation Equity Act for the twenty-first Century (TEA-21) of 1997 and (2) the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEALU) from 2005 to 2009. Many greenways and bicycle-related projects in communities throughout the United States were funded, for example, from TEA-21 money. Congress is expected to begin working on a replacement bill for the next 6year period during its 2009 session. These federally funded programs provided excellent opportunities for landscape architects and the programs are expected to continue in similar forms well into the twenty-first century. Environmental Protection Agency

The Environmental Protection Agency (EPA) was established under the National Environmental Pol-

icy Act of 1960 and became an independent agency in the executive branch of the federal government pursuant to the Reorganization Plan of 1970. The EPA was created to permit coordinated and effective governmental action on behalf of the environment. The EPA protects and enhances our environment to the fullest possible extent under the laws enacted by Congress. The agency’s mission is to control and abate pollution in the areas of air, water, solid waste, pesticides, radiation, and toxic substances. Its mandate is to mount an integrated, coordinated attack on environmental pollution in cooperation with state and local governments. The agency works through ten regional offices throughout the United States. The preparation of environmental impact statements (EIS), regulated by the EPA, has been a source of landscape architecture work since the creation of the EPA in I960. Undoubtedly, the EPA will continue to provide opportunities for landscape architects in years to come. Department of Defense

The Department of Defense (DOD), comprising all branches of the military, is the largest federal agency. Every state has some defense activities and some defense establishments. The DOD is one of the largest developers and users of facilities in the country and a tremendous source of work for landscape architects and other A/E design professionals. Indeed, many of the opportunities for landscape

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architects at DOD facilities are through subconsulting relationships with other A/E professionals. The United States Army Corps of Engineers (USACE) has been an ongoing provider of opportunities for landscape architecture firms. The commanding general of the Corps of Engineers serves as the army’s real-property manager. Under the overall supervision of the commanding general, the Corps of Engineers determines the requirements for real property; carries out programming and planning functions; and acquires, operates, and maintains the real property for the army and the air force. The U.S. Army Corps of Engineers also executes civil works programs. The civil works programs include research and development, planning, design, construction, operation, and maintenance related to rivers, harbors, and waterways, as well as administration of laws for the protection and preservation of navigable waters and related resources such as wetlands. The Corps of Engineers also assists in recovery from natural disasters. FedBizOpps.gov is the government’s main outlet for advertising the procurement of professional services for DOD and USACE for planning and design services on military bases, forts, and naval stations. Department of Housing and Urban Development

In 1965, the Department of Housing and Urban Development Act became effective and the Department of Housing and Urban Development (HUD) was created to serve as one of the principal federal agencies responsible for programs concerned with the nation’s housing opportunities, as well as the improvement and development of the nation’s communities. HUD’s mission is to increase home ownership, support community development, and increase access to affordable housing free from discrimination. To fulfill this mission, HUD embraces high standards of ethics, management, and accountability and forges new partnerships—particularly with faith-based and community organizations—that leverage resources and improve HUD’s ability to be effective on the community level. HUD functions through 10 regional offices and administers a wide variety of programs. Germane to the landscape architect are

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HUD’s programs aimed at aiding community planning, neighborhood development, and encouraging a strong private-sector housing industry that can produce affordable housing by stimulating publicprivate partnerships. HUD is administered under the supervision and direction of a cabinet-level secretary who formulates recommendations for basic policies in housing and community development. Since its inception, HUD has indirectly and directly provided a wide range of opportunities for landscape architects. Indirectly, HUD has nurtured housing development opportunities through its Federal Housing and Administration (FHA) and Government National Mortgage Association (GNMA) mortgage programs. Directly, HUD has provided development funds for thousands of housing development projects that resulted in design opportunities for the A/E and landscape architecture community. One of HUD’s programs that has had thousands of direct planning and design opportunities for landscape architects is the Community Development Block Grant (CDGB) program. The CDBG program provides communities with resources to address a wide range of individualized community development needs. With its beginning in 1974, the CDBG program is one of the longest continuously run programs at HUD. The CDBG program provides annual grants on a formula basis to more than 1,200 local governments and States. As for other federal agencies, FedBizOpps.gov is HUD’s main outlet for advertising the procurement of professional services. Office of Americans with Disabilities

The Americans with Disabilities Act (ADA) of 1991, which went into effect on January 26, 1992, prohibits discrimination on the basis of disability and requires that all new public places and commercial facilities be designed and constructed to accommodate people with disabilities. While the ADA does not provide a source of direct consulting opportunities for landscape architects, the act does create a legal setting that leads to consulting work. Places of public accommodation, for instance, include over five million private establishments such as restaurants, hotels, theaters, convention centers, retail stores, shopping centers, dry cleaners, laundromats, doctors’ offices, museums, parks, libraries,

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zoos, amusement parks, schools, day-care centers, and health spas. The law also calls for the removal of architectural barriers in existing facilities where readily achievable or the provisions of alternative measures to make goods and services accessible. The ADA has created both indirect and direct opportunities for landscape architects. Many facilities such as college campuses and city school districts have carried out ADA compliance reviews of their facilities, often led by landscape architects and they have developed long-range plans, pending funding, for bringing the facilities into ADA compliance. Once funding becomes available, planning and designing improvements to the facilities provide additional opportunities for landscape architects. The United States Access Board is an independent Federal agency devoted to accessibility for people with disabilities and carrying out the intent of the ADA. Created in 1973 to ensure access to federally funded facilities, the board is now a leading source of information on accessible design. The board develops and maintains design criteria for the built environment, transit vehicles, telecommunications equipment, and for electronic and information technology. It also provides technical assistance and training on these requirements and on accessible design and continues to enforce accessibility standards that cover federally funded facilities. Of particular interest to landscape architects are requirements for recreation facilities, play areas and outdoor developed areas. Information on the board’s activities and guidelines, including the outdoor developed area guidelines that were finalized in 2010, can be found at www.access-board.gov, and the ADA home page is www.ada.gov.

State, County, Metropolitan, and Municipal Government The majority of public works projects for landscape architecture firms come from the state and local levels of government. In particular, parks and recreation departments, transportation and highway departments, flood-control districts, and departments of environmental quality provide a great number of public works opportunities for landscape architects. Many landscape architecture firms

specialize in park planning and design, as well as transportation and highway beautification, with a large percentage of the firm’s workload consistently coming from projects focused in these areas. One reason that some landscape architecture firms develop a public works focus is because of the specific requirements of the public agencies for design, preparation of construction documents, reporting, invoicing, and other administrative procedures. Every state highway department, for example, has specific design criteria for highway rightof-way landscaping and roadside beautification. Departments also have specific requirements for production of design plans and construction documents. The design objectives and the requirements for producing documents are often described in manuals and department directives. Specific formulas and methods for calculating overhead and profit are used. Some states require that fees be developed based upon an approved estimate of hours and using a fee formula that is based on direct hourly pay rates multiplied by the office overhead rate plus an allowed percentage for profit. Required reporting formats that include regular administrative updates describing the amount of work completed and the percentage complete are frequently required. Landscape architects who are successful in procuring state highway department work will find that they will need to make a large time investment in familiarizing themselves with the design and administrative requirements, but once this education process is complete, they will have an advantage over others wishing to obtain future highway work. The investment in time to become familiar with the agency requirements has a value that is recognized by the state agency and will pay dividends in terms of future work as long as the landscape architecture firm provides friendly, competent, and error-free services. As with other market sectors, developing state and local public-agency clients involves nurturing friendly, long-term relationships with the staff members of the state and local government departments. Developing long-term relationships can give one firm a slight edge over another firm in procuring public work. Good relations with public agency staff might also result in contracts being awarded directly to a firm rather than going through a public selection process if the agency staff have

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reasons to justify the direct selection. Direct selection results when there is a time crunch and the desired professional services are needed immediately, or when agency staff can justify selection of the firm because the firm has specific qualifications that no other local office has. Many states and local levels of government use an on-call method of contracting for services. Once the landscape architecture firm is successful in obtaining an on-call or as-needed contract, the state and local agencies will directly select the firm for projects. Landscape architects are selected for most state and local public works projects through a qualifications-based, open selection process. This process mirrors the federal procurement process and typically includes these steps: 1. Advertisement of the desired professional services 2. Submittal of qualification materials or a proposal 3. Short-listing for interviews or for preparation of a detailed proposal 4. Interviewing or discussing the detailed proposal with a selection committee 5. Selection 6. Contract negotiation 7. Ratification of selection and contract negotiation by an elected body, such as a city council, or by the top administrative appointee of a public agency Every step of the process is important. In the first step, the landscape architecture firm must make the decision, a go or no-go decision, whether to submit for an advertised public works project. The decision should be made on a wide variety of criteria, including the following: 1. Are members of the firm interested in the type of professional work advertised? 2. Is the firm competitive? Does it have a track record that will set the firm out from other offices likely to submit qualifications? 3. Does the firm have established relationships with the agency staff or members of the selection committee, giving the firm an edge over competitors? 4. Has the firm been aware of the project and had the opportunity to do up-front work and

5. 6. 7.

8.

9. 10.

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meet with the agency’s project manager prior to the advertisement going out for general selection? Does the firm need the work? Is the project interesting and challenging? Does the firm have uncommitted and qualified staff available to work on the project if selected? How costly will it be to prepare the qualifications statement and go through with the interview if the firm is short-listed? Are the advertised fees commensurate with the scope of services desired? Will the project add to the firm’s visibility and future promotional capability?

If the answers to these questions and others the firm may have are positive, and the firm decides to pursue the project, the next important consideration is acquiring background information about the project, determining the professional expertise and the subconsultants that will be required, and touching base with agency staff and decision makers to find out their perceptions and hidden agendas, as well as showing interest in the work. After the background information is obtained, the go or no-go decision process should be revisited. If the background information indicates the firm will have difficulty with the selection process, the firm may be wise to shelve the RFP and go on to the next client or job-development opportunity. If the background information and contact with agency representatives indicate a green light, the firm goes on to preparing its statement of qualifications. Writing a well-conceived statement of qualifications or proposal that is thoroughly researched and offers a balanced team of the consultant’s staff and any subconsultants that may be required is the key to advancing in the public-works selection process. If the firm doesn’t get to the interview or detailed proposal step of the process, no work will result from its efforts. Learning how to write and present an effective statement of qualifications is one of the most important aspects of landscape architecture practice and essential for securing state and local government work. Preparation of proposals and statements of qualifications, as well as preparation for interviews, is covered in Chapter 7.

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State and Local Government Opportunities

The state and local government departments, agencies, and offices that have opportunities for the professional practice of landscape architecture vary widely but include the following: Transportation and engineering Environmental quality Parks and recreation Fish and wildlife Land and real estate Environmental protection Architecture and facilities Historic preservation Planning and zoning Natural resources Tourism and promotion Wetlands and water resources Generally speaking, state and local government agencies mirror federal agencies. Obtaining state and local public works projects depends upon hearing about the opportunities. Specific activities necessary to keep informed about public works opportunities include the following.

State and Local Procurement Offices Many states and local public agencies have branches or departments that exist specifically for procuring outside services. Sometimes the purchasing department is used. Sometimes the specific department handles its own procurement. In any event, landscape architects must make sure they are registered with the appropriate procurement agency in order to receive notification of pending public works procurement. Monitoring of state and local procurement offices on the Internet is a must. Annual Information Forms. Most procurement agencies update their files annually. Landscape architects must be sure to complete annual information updates and remain current in procurement agency files. This can lead to automatic email notices for pending consulting projects. Business Newspapers. Many public agencies that use a public selection process are still required to

advertise in a local business newspaper or other local newspaper in addition to Internet notifications. Subscribing to these sources of public advertisements, in hard copy or in electronic format, is a very good way to keep up with public works solicitations and requests for proposals.

Personal Contact. Landscape architects must maintain personal contact with representatives of state and local agencies in order to be aware of public works opportunities. The limitation here is the time necessary to develop and nurture personal relationships. One principal, for example, can only cultivate so many personal relationships. Additional methods, including newsletters, promotional pieces, and public speaking, are discussed in chapter 7. Almost every landscape architecture firm will include some state, county, metropolitan, or municipal government clients and projects in their portfolio, and developing these clients is an important part of professional practice. Learning how to find the work and establish client relationships at the local government level is necessary for a wellrounded basis of continuing practice opportunities.

REFERENCES AECOM. 2009. Investor Relations Quarterly Results. Available at http://investors.aecom.com/ phoenix.zhtml?c=131318&p=quarterlyearnings (accessed November 20, 2009). American Society of Landscape Architects (ASLA). 2009a. ASLAGreenRoofDemonstrationProjectFactSheet, http://www.asla.org/uploadedFiles/CMS/Green Roof/greenroof 1pager.pdf (accessed May 2010). . 2009b. The Case for Sustainable Landscapes. Available at http://sustainablesites.org/report/The% 20Case%20for%20Sustainable%20Landscapes 2009.pdf (accessed May 2010). . 2009c. TheSustainableSitesInitiative:Guidelinesand Performance Benchmarks, 2009. Available at http:// sustainablesites.org/report/Guidelines%20and %20Performance%20Benchmarks 2009.pdf (accessed May 2010).

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. n.d. Designing our Future: Sustainable Landscapes: NE Siskiyou Green Street, Portland, Oregon. Available at www.asla.org/sustainablelandscapes/pdfs/Green Street Fact Sheet.pdf (accessed June 2010). Arvidson, Adam Regn. 2006. “The Ecology of Privilege.” Landscape Architecture 96 (December): 93–99. Australian Institute of Landscape Architects (AILA). 2008. Project page for the Kubu River Hippos’ Exhibit, Werribee Open Range Zoo, available at www.aila.org.au/projects/vic/UIKabuRiver/default.htm, (accessed November 30, 2009). Brown, Jane Roy. 2008. “Of Rocks and Gardens: On a Glacier-scoured Site, Landscape Architects Harmonize with Nature.” Landscape Architecture 98 (November): 82–93. Bye, A. E. 1980. “The Bog—A Landscape That Maintains Itself.” Landscape Architecture 70 (March): 186–189. Chapman, Erin, Michael Cannon, Sean Chiao, Frank Chow, Dorothy Verdon, and Stephen Engblom. 2003. “Natural Landscape Elements Key to Jinji Lake Design.” LandscapeOnline.com. Available at http://images.google.com.landscape online.com/research (accessed November 20, 2009). Coulthard, Tim. 2009. “Northala Fields Forever.” Landscape Architecture 99 (May): 94–101. Cramer, Gary W. 2005a. “Embracing the Pasts, Flight 93 Memorial Design Takes Wing from a Yearlong Competition.” Landscape Architecture 95 (November): 86–93. . 2005b. “Symbolically Ruined: The Nation’s Largest Veteran’s Memorial Overcomes Siting and Church-versus-State Challenges.” Landscape Architecture 95 (December): 36–43. Enlow, Clair. 2005. “Leaving History Where It Lies.” Landscape Architecture 95 (December): 44–51. . 2009. “Prairie Crossing: In Washington State a Highway Overpass Becomes an Experience.” Landscape Architecture 99 (February): 90–95. Erdmann, Frank Edgerton. 2003. “Farming a New Frontier.” Landscape Architecture 93 (November): 74–83. Freeman, Alan. 2003. “Light Touch.” Landscape Architecture 93 (May): 76–81.

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Goetz, Ellin. 2003. “Clock Celestial: A Human Clock in a Florida Park Puts a New Spin on an Old Instrument.” Landscape Architecture 93 (October): 80–82. Hammatt, Heather. 2002. “Retreating Through History.” Landscape Architecture 92 (February): 64–71: 89–90. Harnik, Peter, Michael Taylor, and Ben Welle. 2006. “Landfill Parks: From Pumps to Destinations—The Conversion of Landfill Parks Has Created Potential for Cities.” Landscape Architecture 96 (December): 50–55. Hazelrigg, George. 2006. “Landfill Parks Case Study: The Ultimate Spectacle.” Landscape Architecture 96 (December): 56–63. Helphand, Kenneth. 2002. “Housing the Future.” Landscape Architecture 92 (March): 76–83. Henderson, Gwendolyn J. (ed.). 1991. The United States Government Manual 1991/92. Washington, DC: U.S. Government Printing Office. Herman, Glenn. 2005. “A Canadian Park Reflects the Area’s Industrial Heritage.” Landscape Architecture 95 (November): 32–38. Hill, Rachel. 2008. “To the Dogs.” Landscape Architecture 98 (June): 112–119. Holden, Robert. 2003. “Dutch Treat.” Landscape Architecture 93 (February): 66–69. Howett, Catherine, ed. 1990. Abstracting the Landscape—The Artistry of Landscape Architect A. E. Bye. University Park, PA: Department of Landscape Architecture, University of Pennsylvania. Iovine, Julie V. 2001. “Arthur Edwin Bye, Natural Garden Designer, Dies at 82.” New York Times, December 17. Available at www.nytimes. com/2001/12/17 (accessed February 26, 2010). Johnson, Jory. 1991. “Two by Bye.” Landscape Architecture 81 (June): 66–69. Leccese, Michael. 1993. “Volcanic Adventures Where the Clear-Cut Ends.” Landscape Architecture 83 (February): 38–43. Marcus, Clare Cooper. 2006. “For Patients, A Place to Heal: A Portland, Oregon, Burn Center Creates the First Healing Garden in the Nation for Burn Patients.” Landscape Architecture 98 (November): 78–89. Martignoni, Jimena. 2007. “Cliff Hangers: Improbable Stairs Lead Down to the Surf on the

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Chilean Coast. Landscape Architecture 97 (August): 78–82. Martin, Frank Edgerton. 2002. “Two Campuses Silicon Built.” Landscape Architecture 92 (May): 82–91. Mays, Vernon. 2003. “Walk on the Wild Side.” Landscape Architecture 93 (December): 83–91. . 2006. “News from a Suburban Watershed: ‘Site Repair’ Drives the Design of the Gannett Company Campus.” Landscape Architecture 96 (May): 126–135. McIntyre, Linda. 2007. “Above It All.” Landscape Architecture. 97 (November): 94–101. . 2009. “High Maintenance Superstar: The Green Roof on the California Academy of Sciences is a stunning feat of design. What does it take to keep this new icon ready for its close-up?” Landscape Architecture 99 (August): 64–77. Moore, Martha T. “Flight 93 Memorial Deal is Struck,” USA Today, August 31, 2009. Available at http://www.usatoday.com/news/nation/200908-31-flight-93-memorial N.htm (accessed February 14, 2009). Miyakoda, Tooru, ed. 1994. “EDAW: The Integrated World, Landscape Design and Sustaining Environments.” Process: Architecture 120. Tokyo: Process Architecture Co. Owens Viani, Lisa. 2007. “Seattle’s Green Pipes.” Landscape Architecture 97 (October): 100–111. Roberts, Paul. 1993. “The Practice of the Wilds.” Landscape Architecture 85 (October): 88–89. Shell, Tim, and Stephen Whittington. 2009. “A New Legacy, Vancouver Land Bridge Reconnects Land and River, People and History.” ASPIRE: The Concrete Bridge Magazine, Summer 2009. Striefel, Jan. 2006. “Shades of Green.” Landscape Architecture 96 (October): 169–177. Trendir Modern House Design. 2009. “Contemporary Coastal Homes on a rocky shore of Punta Pite, Chile. “Available at www.trendir.com/house-design/contemporarycoastal-homes-on-a-rocky-shore-of-puntapite-chile.html (accessed November 29, 2009). Treib, Marc. 2006. “SCULPTURE[D] PARK: Eighteen Years in the Making, Isamu Noguchi’s Park Design if Open for Play in Northern Japan.” Landscape Architecture 96 (May): 106–117. Ulam, Alex. 2009. “Back on Track: Bold Design Moves Transform a Defunct Railroad into a 21st-

century Park.” Landscape Architecture 99 (October): 90–109. Urban Land Institute (ULI). 2005. Stapleton, ULI Development Case Studies. Available at http://volusia.org/growth/smartgrowth/49.% 20Stapleton%20Denver.pdf (accessed January 23, 2010). . 2006. Jinji Lake Waterfront, ULI Development Case Studies. Available at http://casestudies. uli.org/Profile (accessed November 20, 2009). U.S. Environmental Protection Agency (EPA). 2008. Municipal Solid Waste Generation, Recycling, and Disposal in the United States Detailed Tables and Figures for 2008. Washington, DC: EPA Office of Resource Conservation and Recovery. Viani, Lisa Owens. 2004. “Houston, We Have A Solution: Putting the Bayou Back in the Bayou City, Perspectives by Kevin Wilson.” Landscape Architecture 94 (February): 24–34. Woodbridge, Sally B. 1991. “Building on Collaboration.” Landscape Architecture 81 (April): 56–63. Wikipedia, s.v. “Washington Mutual,” http://en. wikipedia.org/w/index.php?title=Washington Mutual&oldid=341434861 (accessed February 5, 2010). Zita, Richard J. 2007. “DETAILS: A Restoration at the Timberline.” Landscape Architecture 97 (June): 68–73.

Web Sites In addition to the Web sites cited in the text, the following sites contain additional information about the subjects discussed in this chapter: ■

■

■ ■

American Association of Landscape Architects (ASLA), www.asla.org. Information about the annual ASLA professional awards may be found here by year. The site also contains a searchable archive of LandscapeArchitecture magazine. Bureau of Land Management. Steen Mountain project, www.blm.gov/or/districts/ burns/recreation/steens-mtn.php City of Tempe, AZ, www.tempe.gov Izquierdo Lehmann Arquitectos, www. izquierdolehmann.com

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■ Institutional projects National Park Service, www.nps.gov. The ■ Single-family residential and garden design site includes individual pages for all national projects parks. ■ National Park Service Denver Service Center, ■ Conservation, land, and water reclamation www.nps.gov/dsc/c business/c 1 business.htm#o projects ■ Teresa ■ Historic preservation and landscape restoraMoller & Asociados, http://teresa moller.cl tion projects ■ U.S. Forest Service, www.fs.fed.us/aboutus/ ■ Landscape art and earth sculpture mission.shtml ■ The Wilds, www.thewilds.org 4. Interview principals of architecture firms in your area. Identify the types of projects in which they use landscape architects as subconSTUDY QUESTIONS AND ASSIGNMENTS sultants. Identify as many examples as possible in order to develop a wide cross section of the 1. Interview landscape architects in your area and types of work landscape architects engage undevelop a broad list and short description of der contract to architecture firms. Summarize clients served by landscape architects in both your findings and draw conclusions from your the private sector and the public sector. Include research. examples of the types of projects completed for 5. Interview principals of civil engineering firms the clients. in your area. Identify the types of projects in 2. Interview principals of landscape architecture which they use landscape architects as subconfirms in your area to identify what elements sultants. Identify as many examples as possible are the main determinants of their client mix. in order to develop a wide cross section of the Do they take a proactive or reactive posture to types of work landscape architects engage under obtaining clients? Is the client mix determined contract to civil engineering firms. Summarize by geography? How does professional licensure your findings and draw conclusions from your influence the mix of clients? What role does research. personal contact play in securing clients and 6. Interview principals of planning and environdeveloping a client mix? Does the firm have a mental firms in your area. Identify the types specialization that influences its client mix? of projects landscape architects engage in with What role do the ebb and flow of naplanning and environmental firms. Identify as tional and local economics play in the firm’s many examples as possible in order to develop a client mix? wide cross section of the types of work landscape 3. Locate, photograph, and document the design architects engage with planning and environconcept of three examples of landscape archimental firms. Summarize your findings and tecture projects in your area for each of the 12 draw conclusions from your research. general areas of private practice discussed in ■

Chapter 2: Projects that feature sustainable concepts, “green” solutions and LEED certification ■ International Projects ■ Community development and multifamily housing ■ Streetscape, transit projects, and road beautification ■ Parks and outdoor recreation facilities ■ Commercial, industrial, and corporate development ■ Urban and regional planning ■

7. Identify not-for-profit organizations in your area. Carry out interviews with executives of the not-for-profit organizations to see if they use landscape architecture firms and for what types of projects. Document your findings in a paper. 8. Locate, photograph, and document five landscape architecture projects in your area for each of the three main levels of public-sector clients: ■ ■

Federal government State government

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■

Local municipal, county, and metropolitan government

9. Get on the federal procurement Web site FedBizOpps, www.fbo.gov, and carry out a review of the site. Identify the procurement methods for landscape architecture firms. Find landscape architecture consulting opportunities. Write a set of instructions for using the Web site for procuring federal consulting contracts. 10. Research the Internet, including federal agencies and landscape architecture firms, in order to identify and document at least one example of a project carried out for each of the following federal agencies:

■ ■ ■ ■ ■ ■

■ ■

■ ■ ■ ■ ■

National Park Service National Forest Service Federal Highway Administration Environmental Protection Agency Department of Defense Department of Housing and Urban Development. Bureau of Reclamation Bureau of Surface Mining Reclamation and Enforcement Unites States Fish and Wildlife Service Department of Agriculture Soil Conservation Service Urban Mass Transportation Administration Department of Veterans Affairs

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3

Case Studies

ne of the best ways to understand the professional practice of landscape architecture is to look at different private- and public-practice options. A difficult decision faced by most aspiring landscape architects is what professional-practice direction should be taken to best meet the individual’s goals. Should one enter the private sector or the public sector? Should one launch a career in education and research? Should one work for a small design firm, a large design firm, or a design-build firm? Is a career track with a multistate, multidiscipline company a good move? Career decisions are not unique to the entry-level professional, either. Many landscape architects start out in one area of professional practice and later make a professional course correction. Some professionals have started in private practice working for a large firm and later moved into a small firm of their own. Some have started in a small firm that has grown to be a large firm. Others start in education and later move into private practice. Still others start in private practice, move into public practice, and then go back to private practice. And some start in private practice with a large incorporated firm and stay with the firm for their entire professional life, working their way up the firm’s personnel ladder to become project managers, principals, and owners of the firm. Larger firms acquiring smaller firms was another trend in the 1990s and 2000s, when a landscape architect could be working for a small or even large design-oriented office one day and be part of a publicly traded giant corporation the next

O

day; the acquisition of EDAW by giant AECOM is an example. Professional career choices are highly individual. Choosing a career option depends on exposure to opportunities, one’s personal goals, personal energy, life cycles, income goals, and security objectives. Selecting an employer may be based on the region or city where an individual wants to live and the job opportunities there. The decision may be affected by the health of the general economy and the availability of jobs. Graduates in 2009 and 2010, for example, faced a particularly difficult job market because of the national recession. A professional career choice may come about because an individual has developed a specialization that is only available for practicing in the public sector, for instance, or in a niche field of private practice. Clearly, however, an entry-level professional and graduate of a landscape architecture program will try to make the best match between his or her goals, both professional and personal, and the initial career direction. Writing specific goals and objectives can help to identify the best professionalpractice direction. Having a vision of some of the options available also helps. This chapter provides a look at six different professional practice directions: 1. Private practice: large multidisciplinary A/E firm 2. Private practice: large landscape architecture firms

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3. Private practice: small landscape architecture firm 4. Private practice: design-build firm 5. Public practice 6. Corporate practice

Examples of each professional career option are covered in this chapter. The examples are practiceoriented because that is the emphasis of this book. Education or research career tracks are not included because they are specialized careers that require an advanced landscape architecture degree and often a doctorate degree. The examples are intended to provide a starting point for aspiring

landscape architects to make a choice about a career direction. Before reviewing the following case studies and career opportunities, check out the general pros and cons of each professional practice option, which have been itemized in Table 3-1. They should be viewed as generalizations and used only as an approximate guide to evaluating the differences between career tracks. There are many times when the pros of working for a larger firm can also be found in a smaller firm and when aspects of private practice are also found in public practice. The individual should evaluate each and every employment opportunity on its own terms and relate it to his or her personal and professional goals.

Table 3-1. Career Track Opportunities Career Goals and Objectives 1

2 3 4 5 6 7 8 9

10

11 12

Opportunity to interface with allied professionals Variety in types of projects Complexity of projects Degree of project responsibility Travel opportunities Range of company benefits Starting salary Income potential Availability of and access to resources Responsibility for project decisions Contact with clients Professional development opportunities

Large Small Landscape Large A/E Landscape Architecture Multidisciplinary Architecture Design-Build Public Corporate Firm Firm Firm Firm Practice Practice H

H

H/M

M

H

H/M

H

H

M

M

M

M

H

H

M/L

M/L

H

M

H

H/M

H/M

H

H/M

H

H/M

H/M

M/L

M/L

M

H

AA

AA

A

A

AA

AA

AA AA H

AA AA H

BA A M/L

BA A M/L

AA AA H/M

AA AA H

M

M/L

H/M

H/M

H/M

M

M

M/L

H/M

H

H/M

H

H/M

H

M/L

M/L

H

H/M

Key: H = High, H/M = High to Medium, M = Medium, M/L = Medium to Low, L = Low, AA = Above average, A = Average, B/A = Below Average

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Case Studies

HNTB Corporation: Large Multidisciplinary A/E Firm

■

History and Overview With nearly a century of growth, HNTB is one of the most prominent engineering, architecture, urban design, and planning firms in the nation. HNTB is employee-owned and had more than 3,400 employees and 62 offices nationwide in 2008. HNTB serves clients in the transportation, architecture, municipal, and federal markets. The company was ranked number 19 in the Engineering News-Record top 500 design firms in 2009. Since its founding in 1914 as a partnership, HNTB’s architects, engineers, planners, and landscape architects have helped shape communities throughout the United States. In the beginning, the firm focused on bridge design and quickly emerged as one of the nation’s leading bridge designers. HNTB’s bridge work provided a natural progression into toll road and highway design projects, and today the firm is known and respected for creative multidiscipline work in transportation, bridges, aviation, architecture, urban design, urban planning, environmental engineering, water systems, and construction services. HNTB is truly a full-service consulting firm. HNTB is actually a family of companies that provide professional services in four primary markets: (1) transportation, (2) architecture, (3) federal services, and (4) international. HNTB’s companies are organized around the four markets and the firm’s professional disciplines. The companies consist of:

■

■

HNTB Corporation. The HNTB Corporation serves the transportation and municipal markets for bridge, highway, aviation, rail, urban design, urban planning, landscape architecture, and water infrastructure by delivering comprehensive services from its offices in five regions. HNTB Architecture Inc. HNTB Architecture serves aviation, private, education, federal and local government clients across the nation through comprehensive architectural

■

services ranging from planning to design to construction services. HNTB Federal Services Corporation. This HNTB Company serves federal-sector clients through diverse architecture and engineering (A/E) services, including civil engineering, security planning, and military facility design on a national and international basis. HNTB International. This HNTB Company serves clients with infrastructure projects overseas using the full resources of the HNTB Companies.

The HNTB Companies are employee owned. The firm is governed by a board of directors. Management responsibilities are developed and implemented under the direction of the office of the chairman. Members of the HNTB board of directors and the office of the chairman are the executive officers within the firm. The firm’s offices are grouped into five geographic divisions and corporate business services. Each division is headed by a division president. Service groups, based on technical disciplines, are responsible for developing strategic marketing plans, guiding business development, and overseeing technical quality and development.

VISION The HNTB vision is a convergence of the values, philosophy and culture that have guided the firm throughout its history, connecting HNTB’s rich heritage with the distinctive character of today and the challenging demands of tomorrow. The firm’s vision is fashioned from its business philosophy, values and culture, and its design philosophy. HNTB is focused on continuing to create a sustainable and profitable business based upon creative and technical expertise in all of the company’s disciplines. HNTB is committed to its clients and its staff as well as the creation of sound and sustainable communities. HNTB’s business philosophy springs from a understanding of what makes the firm both successful and unique. It is the core source that guides every decision. The business philosophy that

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guides the company’s staff includes the following tenets: ■

■

■

■

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Take personal responsibility for making success happen—success for your clients, your office, and your company. Expect more of yourself in everything you do. Use your talents and imagination to provide clients with the best solutions. Uncover what is really important in any situation. Collaborate with others to achieve the best outcome in any situation for everyone involved. Build relationships by treating others with respect, listening to their points of view, and dealing fairly in any business situation.

The firm’s values and culture are not attributes of HNTB—they are the firm’s fundamental essence. While the business has grown, the beliefs and actions of the firm’s employees remain the core of who the firm is and what it does. HNTB’s corporate values: ■ ■

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Integrity: Act with integrity, always. Technical Excellence: Develop and demonstrate technical excellence by applying skills to the world’s most challenging and rewarding projects. Respect for Others: Encourage and acknowledge imagination and dedication. Seek the support and tools needed to satisfy the high expectations of ourselves and our clients. Continual Development: Continually examine goals and aspirations to create a path to personal and professional success and improve our ability to serve our clients. Commitment to Our Professions: Advance the technical and management skills that characterize HNTB as the top professionals in our industry.

HNTB’s design philosophy is one that begins with a shared vision. HNTB works to build consensus and commitment to develop a vision of what can be, define the potential of what will be, and create plans

that can be realized with high-quality design and development. It is the firm’s philosophy to provide solutions that can create a special place for people to gather, enhance a site’s identity, serve as a catalyst for new development or redevelopment, and provide a stage for a variety of cultural, educational and physical activities. HNTB’s landscape architects and urban designers not only believe in this philosophy but also practice it daily. It is HNTB’s desire to provide every community where the firm works with the tools to enrich the quality of life for the residents, ultimately making it a more livable community.

Landscape Architecture in HNTB Since the early 1970s, landscape architecture has been an integral part of HNTB’s practice. The firm’s landscape architects have contributed to HNTB’s growth and have provided important planning and design services to public and private clients throughout the United States. Today, most of the firm’s landscape architects are part of HNTB Corporation and are associated most closely with the planning and engineering projects. Increasing demand, however, for landscape architectural services in the architecture and federal service arenas has ignited a strategic expansion of landscape architecture into other HNTB Companies. Landscape architecture is an integral part of HNTB’s Urban Design & Planning Group. Together with community planning, environmental planning, and transportation planning, the group is truly a multidiscipline team focused on creating great places and successful communities. HNTB’s landscape architecture group offers a wide range of urban design services and has awardwinning project experience in context-sensitive solutions, integrated land use/transportation studies, downtown urban design assignments, community planning, environmental planning, and recreation projects. The firm collaborates with major corporations, universities, private developers, federal, state, and municipal to create projects that meet both short and long-term market requirements.

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HNTB’s landscape architectural services include:

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Bikeway/trail design Campus, community sector, neighborhood planning Community planning Context-sensitive solutions Corridor planning and impact analysis Cultural resource studies Design and development guidelines Downtown revitalization/economic development Environmental planning Growth management studies Integrated land use and transportation studies Land planning Landscape architecture master planning NEPA document preparation Parks and recreation Public involvement Regional and multijurisdictional planning Signage/wayfinding Sports complex design Station area planning and design Transit-oriented development Transportation enhancements Urban design Visioning/strategic assessment/report cards Visual impact analysis Waterfront/brownfield development Zoning ordinances

The firm’s project diversity provides many career experiences for landscape architects and the opportunity to work directly with allied professionals within the firm. Each employee has opportunities to work on a wide variety of projects, advancing personal and professional growth. HNTB has a meaningful professional development program that provides employees the opportunity for additional training as designers, technicians and managers. The firm’s continuing education program provides support to each employee seeking advanced degrees in his or her chosen profession or related field.

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Employee Benefits HNTB provides a valuable and comprehensive employee benefits program to help protect employees and their families from financial hardship, to assist with medical expenses, to provide paid time off for rest and relaxation, and to assist employees in growth through training, certification, and tuition programs. Also, check out the firm’s Web site, www.hntb.com, for additional and current information about the firm’s benefits. Health Care Coverage

The HNTB Companies subsidize the majority of the costs for health coverage for all full-time employees and part-time employees who choose to enroll in the plan and are regularly scheduled to work at least 20 hours per week. Health care coverage is available and effective immediately on the first day of hire. Employees may extend this same coverage by payroll deductions to their spouse or domestic partner and eligible dependents, which may include unmarried children under age 19 (or up to age 23 if full-time students). Those employees not eligible include individuals working less than 20 hours per week, temporary employees and co-op students. The health plan covers eligible charges including hospitalization, emergency treatment, physician and surgeon fees while in the hospital or as an outpatient, and maternity fees. HNTB also participates with a national pharmacy benefits manager to offer employees a prescription drug card program. Preventative care. The plan also provides for preventative care (routine exams and tests) for each employee and the employee’s spouse or domestic partner (if applicable) and includes coverage for well child visits and immunizations. Dental coverage. The HNTB Companies provide dental coverage at a nominal cost to all eligible full-time and part-time employees who choose to enroll in the plan and are regularly scheduled to work at least 20 hours per week. Employees may extend this same coverage by payroll deductions to their spouse or domestic partner and eligible dependents, which may include unmarried children under age 19 (or up to age 23 if full-time students). After a calendar year deductible, the dental plan

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pays a percentage of certain eligible expenses such as extractions, fillings, and other expenses. Semiannual oral exams including x-rays and cleanings are covered. Those employees not eligible include individuals working less than 20 hours per week, temporary employees and co-op students. Vision care. A vision care benefit program is offered to full-time employees. Employees may extend this same coverage by payroll deductions to their spouse or domestic partner and eligible dependents. This program provides coverage for eye exams, prescription glasses, frames, and contacts. Long-term care. Full-time regular employees may purchase long-term care insurance. In addition, the eligible employee’s spouse or domestic partner, parents, adult children, siblings, grandparents, and in-laws may apply for coverage with medical underwriting. Rates are determined by the employee’s age at the time of purchase and do not increase with age. Business travel accident insurance. Employees are covered, at no cost, for accidental death and dismemberment up to an additional $100,000 while traveling on company business. Group life and accidental death and dismemberment insurance. Eligible employees are covered at no cost by group term life insurance equal to two times base annual salary. Base annual salary equals an employee’s gross annual rate of earnings exclusive of bonuses, commissions, and overtime immediately preceding the date of loss or commencement of total disability. An additional equal amount also is provided at no cost to the employee if death is due to accidental causes; other protection is provided for loss of limbs or eyesight. Employees have the option to purchase additional term life insurance equal to one, two, or three times their base salary through payroll deduction. Employees also may purchase term life insurance coverage for their spouse or domestic partner and for each dependent child through payroll deduction. Employee Ownership Opportunities

The HNTB ESOP, called the HNTB Ownership Plan, enables every employee to become an owner of the firm. When an employee participates in the

HNTB Ownership Plan, the employee invests in HNTB’s stock. To diversify retirement plan investments, employees can spread money across HNTB’s 401(k) plan investment options. Employees can participate in the HNTB Ownership Plan and become an employee owner in these ways: ■

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Employee contributions. At the end of each plan year, employees can transfer a portion of existing 401(k) plan balance into the HNTB Ownership Plan. During the plan year employees can make pre-tax 401(k) payroll contributions to the HNTB Ownership Plan. HNTB’s corporate contributions. Matching contributions are made to the HNTB Ownership Plan.

Retirement and Savings Plan

Employees are eligible to participate in the HNTB 401(k) retirements and savings plan on their first day of employment. Each participant may elect to have a percentage of pay withheld on a pretax basis and contributed to his or her account in the plan. Participants may allocate their account balance among a variety of different investment options ranging from conservative to high risk. In addition, employees may participate in a fee-based personal retirement account that enables employees with previous investing experience to have access to thousands of mutual funds. The HNTB Companies provide a match for employees participating in the 401(k) plan. The companies matching contributions are subject to a vesting schedule.

Career Development Professional registration, licensing, or certification. Employees are encouraged to become registered as engineers, architects, certified planners, landscape architects, land surveyors, and the like. Employees will receive their normal rate of compensation for any time required within regular working hours to prepare applications and to appear before the registration board, licensing or certification authority.

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Employees acquiring their first professional registration or license are eligible for a one-time lump sum bonus of $1,500. The registration or license must be closely related to the employee’s job duties. Learning and development opportunities. HNTB is committed to providing its employees with training and development resources that will help them reach their career goals and personal potential. HNTB training programs are not simply one-time seminars that will soon be forgotten. A four-step training process ensures that learning and long-term skill implementation go hand in hand. Steps include the career planning and development discussion, preconference assignment/sponsorship, seminar event/action planning, and coaching/mentoring. Tuition refund. Educational assistance is available to all full-time employees. The HNTB Companies will pay tuition fees for preapproved courses that are successfully completed (“C” or better). To be approved, the course must benefit the employee and the companies. Employee Asistance Program (EAP)

All employees are encouraged to use the services provided through HNTB’s employee assistance program from their first day of employment. The EAP provides comprehensive, confidential programs to meet the needs of employees trying to balance work life issues, settle legal matters, plan for financial independence, care for children and older adults, and resolve personal and work-related problems. The free service also includes 24-hour access to a network of emergency medical and legal resources as well as video and audiotapes on a variety of issues. Adoption assistance. HNTB offers full-time employees reimbursement of up to $5,000 for the costs involved in adopting a child under the age of 18. Public transportation tax credit. Thanks to a federal tax law, HNTB is able to offer a public transportation tax credit. Employees can set aside a specific amount each month before taxes to pay for public commuting costs. How much each employee can actually save depends on the employee’s tax bracket.

Flexible Spending Account

The purpose of the flexible spending account is to enable each eligible employee to pay for out-ofpocket expenses as established by the IRS (Section 125) with pretax dollars. Some of the expenses that can be included in the flexible spending account, and therefore not be subject to normal withholding taxes, are: ■

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The deductible and shared expenses an employee may be required to pay under the terms of the health and dental plans Various expenses that may not be covered under any of the group benefit plans The cost of dependent care expenses that permit the employee (and spouse) to work Over-the-counter medications

Credit Union

Employees of the HNTB Companies are eligible to join the Central Communications Credit Union. Federal and state agencies regulate the operation of the credit union and insure member’s funds up to $100,000. Products and services include interest-bearing checking accounts, savings plans, IRAs, ATM cards, electronic tax filing, home equity loans, payroll deductions, low-cost loans, cashier’s checks, credit life insurance, and credit disability insurance. Paid Time Off (PTO) Plan

Full-time employees are immediately eligible for PTO accruals. PTO is to be used for the entire duration of scheduled absences such as personal business, vacation, and so forth. Full-time employees who work 40 hours per week accrue PTO at the rate of three weeks PTO during each of the first nine years of employment, 4 weeks from the tenth to the twenty-fourth year, and 5 weeks after 24 years. Full-time employees who work 35 hours per week accrue PTO at 7/8 the rate for “full-time, 40 hours per week.” Parttime employees who work at least 20 hours per week accrue 1 hour of PTO for every 26 hours worked. For all employees, accrued PTO hours are immediately available. Holidays. Nine paid holidays are observed each year for full-time employees. Employees receive holiday pay for New Year’s Day, Memorial Day,

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Independence Day, Labor Day, Thanksgiving Day, and Christmas Day. The remaining three holidays may vary by location from year to year. Reserve and National Guard leave. Full-time employees who are active reservists in any branch of the armed forces, including the National Guard, may take time off for temporary military training for two weeks each year without having to schedule such time as PTO. The HNTB Companies will pay the difference between the employee’s base earnings and earned military pay. Jury leave. The HNTB Companies recognize jury duty as an obligation of good citizenship. If a full-time employee serves as a juror, the HNTB Companies will grant the employee time off with pay. Sick Leave and Disibility

Sick leave. Full-time employees accrue one half of a workday of paid sick leave per each full month of service. There is no maximum on the amount of paid sick leave that can be accrued. Short-term disability. Full-time employees, after completing 90 days of service, are also protected by a short-term disability plan. The plan pays two-thirds of the employee’s base monthly compensation (not including overtime, bonuses, etc.) for a period of up to six months. If the employee has accrued sick hours at the time the disability begins, those hours will be applied to the disability period until the accrued balance is exhausted. The companies pay the full cost of the plan. Long-term disability. Full-time employees, after completing 90 days of service, are also protected by a long-term disability plan that will provide continuing income after the 6th month of an employee’s base monthly compensation. Benefits continue as long as the employee remains totally disabled until reaching the age of 65. Some limits of duration apply to employees 60 years of age or older.

depending on the position. Entry-level candidates assist in all aspects of the design and planning process, including the collection of data, site analysis, development of opportunities and constraints, field analysis, concept development, graphic development, preparation of plans and documents, preparation of graphic presentation material, and preparation of construction drawings and specifications. In addition, candidates also participate in the preparation and documentation of materials for design-team and public meetings. Candidates are expected to have excellent technical, computer, graphic, and oral skills and should exhibit strong and creative problem-solving and critical-thinking skills.

Examples of HNTB’s Landscape Architecture, Planning, and Urban Design Projects CONTEXT SENSITIVE DESIGN/TRANSPORTATION INFRASTRUCTURE ■

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Legacy Parkway Design Guidelines, State of Utah I-465 Design Guidelines, Indianapolis, Indiana I-64, St. Louis, Missouri Dallas-Fort Worth International Airport Design Guidelines, Dallas-Fort Worth, Texas I-10 West Papago Inner Loop, Phoenix, Arizona I-70/I-470 Interchange, Topeka, Kansas Route 146, Worcester/Millbury, Massachusetts Bridge Aesthetic Guidelines, Minnesota Department of Transportation Aesthetic Guidelines, Orange County Toll Roads, Orange County, California Boulder Highway Improvement Project, Henderson, Nevada I-70 Glenwood Canyon Concepts, State of Colorado

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Indianapolis Smart Growth and Transit Strategies, Indianapolis, Indiana

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Indianapolis Transit Route Analysis, Indianapolis, Indiana Rail Runner High-speed Rail, Albuquerque, New Mexico CALTRANS Station Design, San Bruno, California Kansa City Bus Rapid Transit Design, Kansas City, Missouri Orland Park METRO Station Area Plan, Suburban Chicago

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Hulman Memorial Way, Indianapolis, Indiana 16th Street Bio-Crossroads District Streetscape Project, Indianapolis, Indiana Ronald Reagan Parkway Master Plan and Design Guidelines, Hendricks County, Indiana North Texas Tollway Authority System-wide Design Guidelines, Dallas, Texas Kellogg Avenue Design, Wichita, Kansas Adams Dairy Parkway Corridor Study, Blue Springs, Missouri

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Olmsted Parkways Master Plan, Louisville, Kentucky Wabash Riverwalk, Wabash, Indiana Trinity River Master Plan, Dallas, Texas Brightman Street Bridge Bicycle and Pedestrian amenities, Fall River, Massachusetts Columbus People Trails, Columbus, Indiana Falls of the Ohio River Master Plan, Southern Indiana Kansa City Metropolitan Greenway System Master Plan, Kansas City, Missouri Fox River Pedestrian Trail, St, Charles, Illinois Sugar Creek Greenway, Crawfordsville, Indiana Bike and Pedestrian Rail-Trail, Zionsville, Indiana City of Indianapolis Pedestrian Master Plan, Indianapolis, Indiana Prairie Spirits Trail, Phase I and II, Ottawa to Richmond, Kansas

Columbus City Riverwalk,, Columbus, Georgia Downtown Riverwalk, Menasha, Wisconsin Capital City Landing, Indianapolis, Indiana Sanibel Island Bike Path, Sanibel Island, Florida

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Hobart Lakefront, Hobart, Indiana Bloomington Parks Master Plan, Bloomington, Indiana Swope Park Master Plan, Kansas City, Missouri St, Joseph Riverfront, St. Joseph, Missouri Indiana Dunes National Park, Indiana Osceola Spring Training Facility, Osceola, Florida Arizona National Memorial Cemetery, Phoenix, Arizona Shawnee Bend Resort, Lake Ozark, Missouri Nicolet Athletic Field Concept Plan, Glendale, Wisconsin Maritime Park, Manitowoc, Wisconsin Margaret T. Hance Park, Phoenix, Arizona Heritage Park, Will County, Illinois

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St. Louis Riverfront Plan, St. Louis, Missouri Atchison Riverfront Park, Atchison, Kansas Jefferson Lawn Terrace, Jeffersonville, Indiana Main Street Streetscape, Oconto Falls, Wisconsin Downtown Streetscape and Rialto Plaza, Joliet, Illinois Hartford Pedestrian Plaza, Hartford, Connecticut Urban Waterfront Canal Design, Menasha, Wisconsin Port Plaza Mall Expansion, Green Bay, Wisconsin Fond du Lac Downtown and Riverfront Revitalization, Fond du Lac, Wisconsin Charlotte 2025 Land Use & Transit Plan, Charlotte, North Carolina Washington DC Comprehensive Plan, Washington, DC

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Figure 3-1. HNTB’s deck park, the Margaret T. Hance Park, over a depressed section of I-10 in Phoenix, Arizona. The park is divided into three sections: A neighborhood park, an urban plaza, and a cultural park. Photo (a) is the urban plaza with the cultural park in the background. Photo (b) is an overview of the neighborhood park. Photo (c) is the playground and sculpture in the neighborhood park.

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Figure 3-2. Glenwood Canyon, on the western slope of the Rocky Mountains, is a scenic attraction for motorists of U.S. Route 6 and 24. Photograph courtesy of HNTB, Inc.

Figure 3-3. The Overlook at Atchison Riverfront Park, Atchison, Kansas. This 320 acre riverfront park, created in celebration of the Lewis and Clark Bicentennial Project, was awarded a special community initiative award by the American Planning Association in 2004. Photograph courtesy of HNTB, Inc.

Figure 3-4. Atchison Riverfront Park Veterans Plaza, Atchison, Kansas. Features of this park include a new Veterans Plaza, interactive kiosks and riverfront amphitheater. Photograph courtesy of HNTB, Inc. ■

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Rockville Town Center, Rockville, Maryland Fort Wayne Downtown Master Plan, Fort Wayne, Indiana Washington National Airport Landscape Master Plan, Washington, DC

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Manhattan Comprehensive Land Use Plan, Manhattan, Kansas Comprehensive Plan, Carmel, Indiana State Capital Complex Master Plan, Phoenix, Arizona Eli Lily & Company, Northwest Quadrant Plan, Indianapolis, Lafayette Growth Management Program, Lafayette, Louisiana

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Figure 3-5. Design of the Indiana Dunes National Lakeshore Visitor Center solved the problem of building over a constantly shifting base of dune sand by raising the building on piles. Photograph by Orlando R. Cabanan.

Figure 3-6. Design perspective of HNTB’s Bellevue Transit Center. Illustration courtesy of HNTB, Inc.

Large Landscape Architecture Firms Since the late 1950s, and especially in the last part of the twentieth century and first decade of the twenty-first century, there have been a number of preeminent landscape architecture firms that have achieved greatness. They have more than 50 employees. They work throughout the country and more recently throughout the world. They have won numerous planning and design awards. They gen-

erate significant amounts of revenue, more than $7.5 million annually. They obtain the most highprofile projects to work on. Their clients tend to be quite sophisticated. There goals and mission statements are lofty. They provide opportunities for staff landscape architects to work on the complex, challenging projects. They can arguably be called the private-practice leaders of the profession. This section will provide an overview of five of the most significant large landscape architecture firms rather than providing a detail example of a single firm.

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Figure 3-7. Hulman Memorial Way, Indianapolis, Indiana. This project involved the design of an enhanced corridor leading visitors to the famed Indianapolis Motor Speedway. Design of the roadside towers included imagery based on motion, color, and technology. Illustration courtesy of HNTB, Inc.

Design + Planning at AECOM In the year 2005, AECOM, the international planning, design, and engineering firm acquired what was then arguably the largest and most well-known landscape architecture firm in the world, EDAW, Inc. At the time of the merger, EDAW had 1,200 employees and annual revenue of $150 million. Beginning in October 2009, EDAW permanently changed its name to Design + Planning at AECOM. In 2010, Design + Planning had a global network of 34 offices and 1,800 professionals addressing complex challenges in a broad range of project scales and contexts. AECOM, a publicly traded company ACM on the NYSE, is a worldwide provider of professional technical and management support services in a broad range of markets. In 2010, the company employed approximately 45,000 people around the world. AECOM has become a leader in all of the

key markets that it serves. A Fortune 500 company, AECOM serves clients in more than 100 countries and had revenue of $6.1 billion in 2009. Design + Planning at AECOM has been a prominent force in the fields of landscape architecture, urban design, and environmental planning for more than a half-century. The firm is involved with every aspect of environmental planning, design, and management. It espouses a philosophy that views planning, policy making, environmental analysis, physical design, and implementation as a continuum of related professional services. The firm’s professional staff and management seek to improve the quality of the relationship between people and their environment throughout the world. Landscape architecture is the profession of the firm’s progenitors and continues to be an important core of the professional services provided by Design & Planning. By most calculations, Design & Planning at AECOM is one of the two or three largest private employers of landscape architects in the world. Design & Planning’s landscape architects work shoulder to shoulder with other allied professionals, creating a client-driven, multi-office, strategic-thinking, professional-practice firm that also advances professional standards, wins awards, and receives critical acclaim (Miyakoda 1994, D&B 2010; also see the company Web site at www.aecom.com). Opportunities for employment and company benefits and can be found on the company’s Web site. REPRESENTATIVE PROJECTS ■ ■

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Asia and Pacific Trade Center, Osaka, Japan Clarke Quay restoration and redevelopment plan, Singapore Colorado Springs downtown plan, Colorado Springs, Colorado Ross’s Landing (Tennessee Aquarium), Chattanooga, Tennessee National Renewable Energy Laboratory, Golden, Colorado Native American Indian Museum, Washington, DC U.S. Capitol East Plaza, Washington, DC U.S. Embassy, Lima, Peru Williams AFB reuse plan, Mesa, Arizona

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Figure 3-8. City Center Master Plan, Columbia, South Carolina. This plan, which encompasses 225 blocks in the heart of the City, included recommendations for public and private sector development, celebration of the downtown’s waterfront access, conservation of an aging neighborhood, and a variety of pedestrian and streetscape improvements. Illustration courtesy of HNTB, Inc.

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Cape Hatteras Lighthouse relocation, Cape Hatteras, North Carolina Mount St. Helens National Volcanic Monument, Washington Interstate 25 corridor study, Colorado Springs, Colorado Mount Vernon Memorial Highway, Washington, DC

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Carter Presidential Center in Atlanta, Georgia Eleven Hundred Peachtree, Atlanta, Georgia Kia Motors Headquarters, Seoul, Korea Toyota Regional Sales Headquarters, Irvine, California University of Virginia Central Grounds, Charlottesville, Virginia

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Figure 3-9. Downtown Durham Master Plan, Durham, North Carolina. Community participation and collaboration were keys for HNTB to develop a long-term, comprehensive plan for downtown Durham that included major land-use recommendations and development of downtown urban design guidelines. Illustration courtesy of HNTB, Inc.

Figure 3-10. Design + Planning’s long-range plan for the Monumental Core in Washington, DC. The plan is meant to guide development through the year 2050. Photograph courtesy of EDAW, Inc., now Design + Planning at AECOM

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Figure 3-11. The Australian town of Robina is a planned community situated on the Gold Coast in southeastern Queensland. A series of water features will link the town square to a large circular lake. Photograph courtesy of EDAW, Inc., now Design + Planning at AECOM

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Robina Town Center, Brisbane, Australia EuroDisney Resort District, Marne-laValee, France Lao Lao Bay Resort, Saipan Palmilla Resort, Cabo San Lucas, Mexico Jinji Lake, centerpiece of the SingaporeChina Industrial Development in Suzhou, China. Diagonal Mar, Barcelona’s Port of Los Angeles Royal Bank of Scotland Group World Headquarters Yingze Streetscape Design. Yingze Boulevard is 4.2 km long and 70m wide, starting from Taiyuan Railway Station and ending at the Fenhe River. Tokyo Midtown Project, Japan, a world-class mixed-use complex that has become a landmark for the City of Tokyo, the premiere address in Japan.

Wallace, Roberts & Todd Figure 3-12. Design + Planning provided comprehensive landscape architecture services for the Asia and Pacific Trade Center in Osaka, Japan. The project goals include transforming harsh climatic conditions into a desirable waterfront setting. The plan incorporates a dramatic 25-foot grade change over the 1,800-foot waterfront. From the upper terraces to the waterfront, a step-and-ramp system provides distinctive overlooks, gardens, fountains, eating areas, pavilions, and an amphitheater. Photograph courtesy of EDAW, Inc., now Design + Planning at AECOM

Wallace, Roberts & Todd (WRT) is a collaborative private professional practice with 200-plus employees. Landscape architects are joined by architects, urban designers, and urban and regional planners to create a multidiscipline firm. WRT’s headquarters office is in Philadelphia, and the company also has offices in New York, San Francisco, San Diego, Dallas, Lake Placid, and Coral Gables.

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Figure 3-13. Design + Planning’s design team was responsible for the $4.5 million, 36-acre land and waterscape development of the Scottsdale Princess Hotel in the heart of a spectacular Sonoran Desert site in Arizona. Plant materials included 350 palms, hundreds of shade trees, and thousands of shrubs and cacti. (a) The formal promenade courtyard of the Princess Hotel looking from the entry point. (b) The formal promenade courtyard of the Princess Hotel looking toward the entry point with the water feature in the foreground. (c) The pool patio of the Princess Hotel. Photograph courtesy of EDAW, Inc., now Design + Planning at AECOM

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Figure 3-14. Design + Planning provided master planning, landscape architecture, and site engineering services for the 30-acre Carter Presidential Center in Atlanta, Georgia. Photograph courtesy of EDAW, Inc., now Design + Planning at AECOM

The firm has carved out market sectors that encourage opportunities for interdisciplinary, collaborative projects. The market sectors include city and regional planning which could be considered one of WRT’s benchmark areas of practice going back to the days when the firm was founded. The firm’s other market sectors identified on WRT’s Web site include mixed-use projects, urban landscape architecture projects, education, housing, civic, cultural, transportation, waterfronts, parks, and recreation projects. The firm believes in sustainable design solutions that improve the quality of the natural and built environment and the concept of sustainability is rooted in WRT’s origins. The firm began in 1963 when David Wallace, Ian McHarg, William Roberts, and Thomas Todd founded the firm. The firm was quickly recognized for one its first projects, “The Plan for the Valleys,” a widely heralded model for environmentally sensitive land planning in two rural valley areas north of Baltimore. In 1964, the renowned Inner Harbor Master Plan for the city of Baltimore was prepared and the firm was responsible for creating the image of the waterfront area that has stood the test of time. WRT also carried out more than 100 contracts for architecture and landscape architecture to give the Baltimore waterfront its character. These two pioneering projects represent two of WRT’s main directions: designing with nature and reinforcing the urban fabric of inner city areas.

Indeed, the firm’s work and its environmental ethos were soon immortalized in Ian McHarg’s ground-breaking book Design with Nature. This book became a must-read text for landscape architecture students of the 1960s and 1970s, embedding the overlay system of land planning in scores of graduates. The philosophies espoused in Design with Nature continue to be part of WRT’s philosophy in the twenty-first century. Over the years, WRT’s projects have continually broken new ground and established new planning and design procedures. The firm’s 1972 work was the cornerstone of the Washington, DC, Metro planning, establishing environmentally responsive transportation project planning methods still used today. In the 1980s, WRT completed an urban design master plan for Camden Yards, an 85-acre area along Baltimore’s waterfront and home of Oriole Park which was one of a number of major league ball parks designed as sort of “retro” fields in the 1990s and early 2000s. In 1991, the firm completed its heralded Florida Keys Carrying Capacity Study (FKCCS) designed to help determine the ability of the Florida Keys ecosystem, and various ecosystem segments, to withstand the impacts of additional land development activities (WRT 2010). The firm continues to carry out groundbreaking collaborative work and a cross section of the firm’s important projects can be found on WRT’s Web site. A number of example projects are listed below. Opportunities for employment and

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company benefits and can also be found on the company’s Web site www.wrtdesign.com. ■

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The Des Moines Waterfront project in Des Moines, Iowa, included a master plan for the city’s waterfront and follow-up design and construction documents for 1.2-mile principal riverwalk segment of the master plan. Philadelphia Green Streets Program, which is a project where WRT worked with the watershed office of the city water department to develop storm water management guidelines. The Palisades Park & Santa Monica Beach Improvement Study included the design of several million dollars in improvements to restore and enhance the historic 2.4-mile coastal park. The firm worked with public artist Jody Pinto on this award-winning park. The Overton Pedestrian Mall in Miami, Florida, is another WRT award-winning projects. It was conceived as part of an overall plan for southeast Overton. The pedestrian mall was envisioned as the spine of the project and the design includes wildly colorful unit pavers and vividly colored terrazzo pavements. The Nashville Tennessee Civic Plaza, which faces the city’s historic courthouse, is a fiveacre space in downtown Nashville that sits above a large underground parking garage. The plaza acts as a forecourt to the courthouse and features space for a wide range of urban activities. The plaza includes fountains that people are allowed to wade in, river overlooks, and a large number of granite memorials. A hallmark of the plaza is a large grass oval.

to build livable, sustainable environments which balance human needs and natural beauty while understanding and respecting the ecosystem supporting each site.” Their projects have a commitment to timeless design, and the firm has won numerous awards for its work, including the consultant of the year award from the American Institute of Architects in 2003. The firm’s Web site lists 63 awards from the years 2001 to 2010. Beck Park in downtown Dallas is one of the firm’s beautiful, award-winning urban parks located near the Dallas Art Museum. The park features exquisite detailing and very fine concrete work good enough to earn the firm an honor award from the American Society of landscape Architects in 2006. MESA is set up in “studios,” or categories of professional practice, that offer clients specialized services. Each specialty studio team is managed by a studio leader, who is not only familiar with the firm’s philosophy and goals but also is highly experienced with the type of projects carried out in that studio’s category. The studio groups include: ■ ■ ■ ■ ■ ■ ■ ■ ■ ■

Campus Communities Environmental Education Gardens Parks Planning and Urban Design Public Gardens Resorts Retail Urban Living

While the cross section of MESA’s projects can be found on their Web site, a number of example projects are listed below. Opportunities for employment can also be found on the company’s Web site www.mesadesigngroup.com (MESA 2010).

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MESA is an award-winning landscape architecture, planning, and urban design firm headquartered in Dallas, Texas. Established in 1981, the firm also includes an office in Madrid, Spain, and offices in Dubai and Abu Dhabi, the United Arab Emirates. MESA’s philosophy espoused on their Web site is a good succinct expression of landscape architecture principals. “On every project, MESA strives

The Blue Cross Blue Shield Campus in Richardson, Texas, is located near the Galatyn Preserve, an existing creek and greenway that serves to buffer the campus from a nearby highway. The preserve served as a natural inspiration for MESA’s landscape architects to develop a concept for this new corporate campus that embodies a sustainable, native approach to the site plan.

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The campus showcases a restored Blackland prairie and use of native trees, shrubs, and drought-tolerant groundcovers. The landscape plan includes expansive beds of colorful wildflowers. Centennial Park, Irving, Texas, and three adjacent parks designed by MESA, comprise part of the gateway to downtown Irving. MESA’s design theme resulted in commemorative, contemplative, and scenic spaces that relate the history of Irving. Thematic architecture relates to Irving’s roots. 360◦ Kuwait, is a destination shopping center in Kuwait City, Kuwait, designed by MESA and RTK. The three-story retail center features curvilinear forms radiating from the mall’s building mass. The mall includes a wooden pier extending over a water feature where visitors will experience a shooting geyser. An indoor-outdoor restaurant includes garden rooms, small fountains, and pools of exotic fish. An existing mosque remains on site. MESA won an honor award in 2007 from the American Society of Landscape Architects for its garden and site developments at the Turtle Creek Pump House in Dallas, Texas. In its former life, the pump house was a pumping station supplying water to the Township of Highland Park, Texas. Now it is a space for art, a venue for intellectual discussion, an apartment, and an unusual playground. A detailed description of this interesting project can also be found on ASLA’s Web site www.asla.org/awards/2007/07/290 mesa .html.

Sasaki Associates Founded by the world-renowned landscape architect Hideo Sasaki in 1953, the firm Sasaki Associates today is a multidisciplinary firm with offices in Boston, Massachusetts, and San Francisco, California. The firm evolved through a number of partnerships including Sasaki Walker Associates, which later morphed into the firm SWA in Sausalito, and Sasaki, Dawson, Demay Associates out of

which Sasaki Associates evolved. Hideo Sasaki was the chairman of Harvard University’s Landscape Architecture Department from 1958 to 1968 while he was also developing his office as one of the preeminent multidisciplinary offices of modern times. Using opportunities available through his teaching position, Sasaki brought promising students into his firm and they put his creative, interdisciplinary ideas to work, resulting in a unique firm. Today, Sasaki Associates continues his legacy. Sasaki Associates listed 48 principals, 69 senior associates, 43 associates, and 103 professional staff on its Web site in 2010. It is one of the only design firms reviewed by the author that lists contact email addresses for all of the employees on its Web site, which speaks to the openness of the company. The firm’s staff includes professionals that practice in professions and disciplines of landscape architecture, planning, urban design, architecture, interior design, ecotechnologies, graphic design, and strategic planning. Reflecting its commitment to sustainability, both of Sasaki’s offices are LEED certified. In 2007, Sasaki Associates was ranked seventh in ZeigWhite’s Best Architecture Firms to Work For; in 2006, the company was ranked fourth in the same survey. As far as large landscape architecture firms go, it’s a good place to work where opportunities abound. Sasaki Associates has worked with a wide range of clients to create some of the icons of modern landscape architecture. The depth of the firm’s landscape architecture projects, as well as its other work, can be seen on the Web site www.sasaki.com. A sample of the firm’s landscape architecture projects are listed below. ■

Detroit Riverfront Civic Center Promenade’s master plan was completed by Sasaki Associates in collaboration with the Albert Kahn Collaborative in 1997. The 3,000foot promenade combines waterfront uses with public recreational uses. The urban facilities include tour boat dropoff and pickup and gathering spaces. Constructed in 2001, the project features alternating bands of dark and light concrete paving edged by a serpentine seat wall. The project includes areas for fishing, bollards for mooring ships, pergolas, seating, and historic markers. The firm’s

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landscape architects also created a master plan for Cincinnati’s waterfront. National Harbor, Maryland, is a mixed-use urban-design project located on the Potomac River north of Washington, DC. The project is a resort and convention center. A major pedestrian corridor defined by Plane Trees and studded with fountains and public art. The pedestrian spine terminates in a plaza that steps down to a beach on the river. The Dallas Area Rapid Transit Authority received the benefit of Sasaki’s vision and expert urban design talent. The firm created an urban framework and provided landscape architecture services for a one-mile transit mall, linking several downtown districts. The mall includes street trees that provide an urban unifying element and a significant public arts program. Animation of the urban environment and public safety were design drivers. Cincinnati Riverfront Park was designed by Sasaki staff to reconnect Fountain Square, the heart of the downtown area, to the Ohio River. In collaboration with several other firms, Sasaki prepared the campus master plan for the American University of Beirut. The 61-acre campus plan was designed to match the existing conditions with future needs in an inspiring plan. One goal of the planning process was to create pedestrian links among campus facilities by locating parking to the perimeter of the campus and creating effective and well-designed pedestrian links.

les, California; Houston and Dallas, Texas; and Shanghai, People’s Republic of China. It has received more than 175 significant design awards for projects since the 1970s. Its national and international dominance in landscape architecture work, as well as the history of the firm and depth of SWA’s principals can be found on the firm’s Web site, www.swagroup.com. Career information and opportunities are also identified on the Web site (www.swagroup.com). The following list, compiled from information on the company Web site, is a cross section of some of the firm’s significant planning and design awards. ■

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SWA Group The firm, Sasaki Walker Group, was founded by world-renowned landscape architects Hideo Sasaki and Peter Walker in 1957. Walker set up an office in San Francisco in 1959. This West Coast office took on the moniker the SWA Group in the 1970s, and it would continue through today. SWA Group has become a large national and international firm with seven offices, with its headquarters in Sausalito, California, and offices in Laguna Beach, San Francisco, and Los Ange-

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Foothill College, Los Altos Hills, California, ASLA National Merit Award, 1972 Phoenix Tower Roof Deck, Houston, Texas, ASLA National Merit Award, 1985 Williams Square, Las Colinas, Irving, Texas, ASLA National Honor Award, 1985 Refugio Valley Community Park, Hercules, California, ASLA National Honor Award, 1986 Orange County Performing Arts Center, Costa Mesa, California, Award of Excellence from the California Council of Landscape Architects, 1987 Fountain Court at Curtis Center, Philadelphia, Pennsylvania, ASLA National Honor Award, 1987 Burnett Park, Fort Worth Texas, ASLA National Merit Award, 1989 Woodbridge Planned Community, Irvine, California, ULI Award of Excellence, 1994 SOKA University, Aliso Viejo, California, ASLA National Honor Award, 1997 Silicon Graphics Amphitheater Technology Center and Charleston Park, Mountain View, California, ASLA National Centennial Medallion, 1999 and ASLA National Honor Award, 2001 Anaheim and Disneyland Resort Urban Design Plans, Anaheim, California, and Walt Disney Imagineering, ASLA National Merit Award, 2001 Tokyo University Foreign Studies Campus, Fuchu, Japan ASLA National Merit Award, 2003

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Westlake Corporate Campus, Westlake, Texas, ASLA National Award of Excellence, 2003 Lite-on Electronic Headquarters, Taipei, Taiwan, ASLA National Honor Award, 2006 California Academy of Sciences, San Francisco, California, ASLA National Honor Award, 2009

Design Workshop Founded in 1969, Design Workshop is a multistate, multicountry landscape architecture, land planning, urban design and strategic services firm with six offices. The firm has grown since its inception by finding talented landscape architects and giving them opportunities to achieve and excel. The firm has received more than 150 planning and design awards for work that has focused on new communities, urban areas, resorts, public parks, golf courses, and residences. The firm also includes a dedicated golf course design staff. The firm’s philosophy challenges its staff to integrate and equalize four elements: artistic vision, environmental sensitivity, community values, and sound economics, creating unique places that stand the test of time. Design Workshop refers to its approach as DW Legacy R Design. These four elements, or values, are defined briefly as follows. ■

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Environmental sensitivity. Human existence depends on recognizing the value of natural systems and a design project should fit its purpose to the land. Community values. Design should support the culture of family, groups, towns, cities, and nations. Design should organize community to nurture relationships. Sound economics. Development capital and the capital generated over the life of a project define the project’s economic viability. Long-term economic mechanisms are needed to protect the integrity of a place. Artistic vision. Beauty is a timeless quality that brings us meaning and acts to restore

the human spirit. It boosts economic value, helping to ensure a project’s longevity. There is a very interesting and engaging description of the history of the formulation of the R DW Legacy Design concept on the firm’s Web site www.designworkshop.com. The Web site also covers the values and methods incorporated in the R approach espoused by DeDW Legacy Design sign Workshop. Career opportunities, a description of Design Workshop’s corporate culture, company benefits, and internship opportunities are also found on the Web site. A pre´ cis of some of the firm’s projects include: ■

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Blackcomb, Whistler, British Columbia, Canada. The firm prepared a master plan for the development of the mountain and basearea facilities of the Blackcomb Ski Area in the late 1970s. Design Workshop also was engaged in the 1980s to carry out additional site planning and design services for the site area that led to the development of the 450-room Chateau Whistler, better skier access and services, and for the ski area lodging of 7,500 visitors. Blackcomb consistently ranks as one of North America’s top three destination ski resorts. The Glacier Club at Tamarron, Durango, Colorado, won a national ASLA honor design award in 2007. The Glacier Club, which is located at the heart of a new resort community north of Durango, opened the new clubhouse in 2003, and the golf course began play in 2004. The property consists of 426-acres of outstanding natural forest with stunning views of the surrounding San Juan Mountains. While severe topography and space limitations on the site posed interesting design challenges, Design Workshop’s creative use of landform and vegetation as well as maximization of views created a memorable experience for visitors. Pima Community College, Northwest Campus, Tucson, Arizona. Design Workshop’s worked with the architect to integrate building and site, blending classroom and public outdoor space with native desert landscapes. A design principle at the campus was

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promoting a variety of experiences, including outdoor learning, social gathering, individual reflection, and chance encounters on this Sonoran Desert site. The 60-acre campus and was designed to be implemented in phases. The Domain, Austin, Texas, is located just outside of downtown Austin, Texas. The Domain is a high-density, mixed-use destination project with more than 9 million square feet of development and 6,000 residential units. Because the project falls in a an area of existing buildings that is riddled with existing utilities, a well-connected and logical development was difficult to achieve. Design Workshop was engaged to develop a coherent public-space and streetscape plan with a diverse plan of streets, parks and plazas, connecting a high-intensity urban plaza and shopping district to a large neighborhood park. Plazas are connected by signature streets, providing a high-value setting for different retail and office uses (Design Workshop 2010).

The Acacia Group, Inc.: Small Landscape Architecture Firm History and Overview The firm was founded in Tucson, Arizona, in 1979 as a sole proprietorship by Walt Rogers. It grew in the 1980s, first becoming a partnership when Robert Gladwin joined the firm and next a corporation in 1983. The firm grew by merger to include a third principal, Rosina Harmony, in 1984, and by expansion to include a Phoenix office managed by another principal, Brian Rothman, in 1985. Practicing under the names of its first three principals, Rogers, Gladwin & Harmony, Inc., for much of the 1980s, the firm became a leading landscape architecture office in Arizona and the Southwest. On January 1, 1989, the firm changed its name to The Acacia Group, Inc., after one of the principals left. The main reason for the new name was to make changes easier when principals departed, were hired, or were promoted from within. The

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firm’s remaining partners agreed that establishing name recognition for the firm that didn’t include the owners’ names would give long-term stability to the name of the firm. The firm developed a regional reputation as experts in xeriscape design for arid region site planning, landscape architecture, and irrigation design. The Acacia Group was the recipient of 39 local and state awards and three national awards for excellence in design, research, and resource planning. One of the firm’s awards for Sunnyslope Transit Center in Phoenix came from the United States Energy Department for innovative use of cooling towers on the project. In 1991, Walt Rogers, representing the firm, received a Landscape Visionary Award for his work on the Sunrise Drive Arterial in Pima County, Arizona. Sunrise Drive was described by the architectural critic of the Tucson Citizen newspaper as the most aesthetic arterial road in Pima County. In 2006, the firm received a merit award from the Arizona Chapter of the American Society of Landscape Architects for its Master Facilities Plan for Cochise College headed by Walt Rogers. Beginning in 1989, the firm, which employed a staff of about 25 at the time, began to downsize because of the demise of the savings and loan industry in the United States and its impact on construction funding. Further hardship occurred with the 1991–1992 recession and the nationally depressed development and construction industry. The Acacia Group, which leveled off in 1994 as a small office with a staff of seven people on average, was guided by Walt Rogers and his partner, John Hucko, until the firm was acquired in December 2007 by Olsson Associates, a multidisciplinary firm headquartered in Lincoln, Nebraska. The firm’s primary areas of professional practice included: ■ ■ ■ ■ ■ ■ ■

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Landscape architecture Site planning Park and recreation planning Urban project design Environmental assessment Irrigation design Water conservation planning and water harvesting Native plant inventories and desert revegetation programs Historic landscape preservation

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The Acacia Group seeks to provide the highestquality landscape architecture services in Tucson, Arizona, the southwest, and other arid environments by serving its clients with honesty, integrity, and the highest professional ethics. The firm seeks to provide the best professional effort on behalf of its clients, both public and private, and respond to the needs of all users of the built and natural world. Members of the firm take great pride in their work and believe they are stewards of our land, sustaining it for future generations. We strive always to improve the relationship between people and the world they live in. And, we set an example by personal commitment to a way of life centered on spiritual values. We believe that people are our greatest resource. We strive to create a working environment that is people-friendly and supportive of the personal and professional goals of all of those that work for The Acacia Group. For, it is the collective goals of all of our individual employees, past, present, and future, that creates the heart and soul—the corporate culture—of The Acacia Group. The Acacia Group is committed to landscape architectural solutions that are fiscally feasible, socially responsible, and sensitive to a sustainable future for our natural and cultural resources. We strive to be recognized for our professional expertise and technical competence. Our mission is achieved by satisfied clients who believe they have gained value from our professional services.

Landscape Architecture at The Acacia Group Because the firm had always focused on landscape architectural project design, the role of the landscape architect is paramount. All professional staff members, whether entry level or advanced, are encouraged to be problem solvers and to take on responsibility. Entry-level landscape architects are encouraged to challenge themselves. The management style of the firm’s principals is

focused on providing opportunities for personal and professional development. Landscape architects are given responsibility for all phases of project design, for production of plans and specifications, and for developing client relationships at the earliest possible time after employment with the firm. The work of the firm is normally carried out by the line staff under the direction of the firm’s owners, who guide the staff as mentors rather than dictating the outcome of any given project. The firm’s principals believe that junior staff best learn how to provide professional services when individuals are allowed to make their own mistakes and cherish their own successes. Because the firm is a business operation, it sensitizes all employees to the need to provide professional landscape architectural services in a profitable manner. The firm emphasizes project time management and completion of contracted professional services within the hours allotted for each project. The stability and reputation of the firm are a direct result of individual effort and close cooperation between all of the firm’s professional and administrative staff. The firm encourages its landscape architects most of all to enjoy their work. The Acacia Group strives for a happy and professionally fulfilled landscape architecture staff.

Employee Benefits and Personnel Policies Each employee of The Acacia Group receives benefits provided by the firm as a measure of the firm’s gratitude for the employee’s service. The firm has established personnel policies and company benefits to promote fair and equitable treatment of all employees. Employees of The Acacia Group are hired as full-time, part-time, or temporary staff. A 12week probationary period is applicable for all full-time and part-time staff. Employees are not eligible for company benefits, except those required by law, until satisfactory completion of the probation period. Managers of the firm have the option to shorten or extend the probation period.

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Each employee signs an employment agreement with the following terms: 1. The Acacia Group, Inc., the company, will employ the undersigned in the initial poand at the sition of initial wage rate of . 2. The employee’s future wage rate and position(s) shall be determined by the company in its sole discretion. 3. The employee’s employment with the company is not for any specified term and may be terminated by the employee or by the company at any time for any reason, with or without cause. 4. Paragraphs 1, 2, and 3 above constitute the complete agreement between the employee and the company regarding matters referred to in said paragraphs and supersede any and all prior written or oral agreements or understandings on such matters. The employee understands that no representative of the company has been authorized to enter into any agreement or commitment with the employee that is inconsistent in any way with the terms of paragraphs 2 and 3 above. 5. The terms set forth in paragraphs 2 and 3 above may not be modified in any way except by a written agreement signed by the employee and by an authorized representative of the company that expressly states the intention of the parries to modify the terms of the agreement. Signed: Other personnel policies, see below, cover holidays, leave time, office hours, the work week, overtime, time cards, pay periods, travel, phone usage, professional development, merit raises and working conditions. Holidays

The firm provides paid holidays for New Year’s Day, Memorial Day, Fourth of July, Labor Day, Thanksgiving Day, Christmas, and a floating holiday that may be used any time by each eligible employee. Full-time employees are paid for eight hours. Part-time employees are paid on a prorated basis of time worked.

Leave Time

The firm lumps together all leave time, whether for illness or for personal leave such as vacations or other personal time off. The firm emphasizes the importance of leave time for rest and relaxation, as well as for sickness or personal reasons. All employees are encouraged to take leave time to the maximum amount earned. The firm tries to arrange that all requests for leave time fit the individual needs of each employee. All personnel are requested to advise their supervisor of leave time preferences as far in advance as possible. Paid leave time is available to all full-time and part-time personnel starting on the employee’s anniversary date when the probation period has been completed. The first year’s leave time is prorated from the anniversary date to December 31 of the same year. Thereafter, leave time is calculated on a calendar basis. Leave time for part-time employees is paid on a prorated basis of time worked. Paid leave time is not available to employees on probation. Staff members are informed by monthly printouts of the leave time they have accumulated, the leave time they have used, and the leave time they have remaining for each calendar year. An employee may borrow up to five paid leave days in addition to those earned up to the maximum amount owed by the company. If an employee terminates employment prior to repayment of the borrowed days, the balance of the advanced leave time is deducted from the employee’s termination pay. All leave must be used within the calendar year and cannot be carried over to the following year unless approved in advance by an authorized representative of the company. If an employee is requested by an authorized representative of the company to delay taking leave time, or is prevented from doing so by compelling circumstances, payment may be authorized for leave time not taken. Leave Time Schedule Length of Employment Year 1 Year 2 Year 3 Year 4 Year 5 and 5+

Paid Leave Time 40 hours/year 64 hours/year 80 hours/year 96 hours/year 120 hours/year

Disability and Maternity Leave

If an employee becomes disabled on the job or becomes pregnant, the employee may take up to 3

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months unpaid leave time. The employee is responsible for notifying the company 30 days in advance and developing a mutually acceptable disability leave schedule. During this time, health insurance benefits will continue at the employee’s cost according to the prevailing benefit policy in effect at the time. When returning from disability or maternity leave, the employee will be restored to his or her original job or to a job with equivalent pay, benefits, and conditions. Absence and Tardiness

Absence and tardiness are detrimental to the operation of the company. All personnel are expected to be at work during the normal business hours, Monday through Friday. Scheduled leave time and all other unscheduled time off from work must be charged to the available leave time accrued by the individual in accordance with leave-time policy. Employees may elect to take time off for absence without pay. Making up time is not permitted unless circumstances require absence from work and the absence is approved in advance by an authorized representative of the company. When an employee must be absent from work because of illness or other unscheduled need for time off, he or she must notify an authorized representative of the company. Excessive absence or tardiness may be cause for reprimand or dismissal. Reimbursable Expenses and Expense Accounts

Employees that are required to spend personal money for approved company business expenditures, such as travel or supplies, will be reimbursed by the firm. Receipts, invoices, or other forms of verification of expense must be submitted with time cards. The employee will submit a job number to bill the expense to with the request for reimbursement. Upon approval, petty cash held at the office can be used to pay for purchases or corporate checks will be issued. Employees may also request the use of a corporate credit card for payment of business expenditures in advance of the purchase. The use of personal cars for business purposes will be reimbursed at the prevailing IRS rate. The employee must submit mileage reports with the project number for billing to the client.

Out-of-Town Travel

All project-related out-of-town travel must be approved by the managing principal. Employees will submit an expense report form with attached receipts to that principal within five days of return. All salaried employees will receive their regular salary while traveling in a project-related capacity. All hourly employees will be paid for actual hours spent en route and in directly billable capacity. Airline reservations, ticket charges, and rental cars will be handled in advance in most cases. Employees will receive a per diem of $95 per night for lodging and $75 per day for meals. These limits apply to every employee of the company but may be extended upon approval by an authorized representative of the company. A travel advance may be obtained upon 48 hours notice with preparation of a written expense budget estimate. The spending of reasonable travel-related expenses is a professional responsibility. Employee Insurance Benefits

The firm provides adequate personal and family benefits and optional insurance programs so that concern with these issues will be reduced to a minimum. The firm’s owners have always prioritized health insurance for its employees and the firm has always paid for 100 percent of the premiums for the employee. The firm’s insurance benefits, as well as related federal and state programs, include the following: 1. Worker’s Compensation Insurance All employees are insured in accordance with state and federal laws for accidents or injuries incurred during the course of performing work for the company. Each employee is responsible for promptly reporting to the office any on-the-job injury. The firm pays 100 percent of these insurance premiums. 2. Group Health Insurance The firm offers a group health insurance plan (HMO) to all eligible employees. At this time, the firm pays for 100 percent of the employee’s individual premium. The employee pays for the premiums for any dependent or family coverage. A deduction is

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made from the employee’s paycheck to cover the employee’s share of the premium if dependent or family coverage is elected. The coverage is available at the earliest possible date allowed by the insurance provider. Employees are responsible for 100 percent of the cost of health insurance during the probationary period. 3. COBRA (Consolidated Omnibus Budget Reconciliation Act) Federal law requires most employers having group health plans to offer employees and their families the opportunity for a temporary extension of health coverage at group rates if the employee would otherwise lose coverage because of a “qualifying event.” One hundred percent of the premium plus administrative charges will be paid by the employee if he or she elects to continue coverage under COBRA options. Professional Registration, Organizations, and Education

The firm will pay professional registration fees for principals, associates, and others as deemed necessary for the operation of the company. The firm will pay for one-half of the cost of membership in one professional organization as long as the individual is active in that organization. Active is defined as participating regularly in meetings, holding office, and representing the company on committees. Membership must be approved by a principal in advance of the request for reimbursement of the membership costs. Payment or reimbursement of expenses by the firm for employee education, seminars, workshops, or conferences is made on a case-by-case basis at the discretion of the company. The employee must make a request for assistance. The firm welcomes all requests and encourages employees to advance their educational pursuits. Work Area

A clean, orderly desk and work area reflect each employee’s quality of workmanship. Each individual is expected at the end of each day to leave his or her work area in a neat and tidy condition. This daily cleanup minimizes fire hazard, promotes general

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office aesthetics, and safeguards office and personal equipment. The employee’s use of earphones while working is discouraged. The employee shall limit access to the Internet for personal use and limit access to personal email addresses. Internet access on company computers is meant to expedite work on the firm’s projects. Excessive Internet access for personal reasons will be cause for disciplinary action and, if excessive personal Internet access is continued, the employee’s employment may be terminated. Telephone Calls

Company office phones and cell phones, where authorized, are provided to personnel as a convenience for carrying out day-to-day business of the firm. Company phone service is an overhead cost to the firm. Personal use of company land-line phones for long-distance calls is prohibited. Employees are requested to limit the use of phones for personal business. Personal use of company-paid cell phones, where authorized, is allowed. The cell phone service shall be obtained by each individual employee. The cost of the phone service is paid by the individual and the firm reimburses the employee 60 percent of the monthly cost to cover business use. Phone bills shall be submitted monthly for reimbursement. Resignation

Employees who intend to resign for any reason are asked to give at least two weeks’ notice. Termination pay will be through the effective date of resignation plus accrued leave. Termination pay is paid on regular pay dates and at the discretion of the company. Disciplinary Action and Dismissal

The company will not tolerate any behavior by an employee that is unprofessional, unproductive, or disruptive to the work of others. The following policy outlines the procedure by which such actions or behavior will be handled: 1. A verbal warning (first warning) will be given to the employee. The circumstances of the offense and warning will be noted in the employee’s personnel file.

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2. A written warning (second warning) will be prepared, signed by the employee and the supervisor, and placed in the employee’s personnel file. 3. Another verbal and written warning (third warning) will be prepared, signed by the employee and the supervisor, and placed in the employees personnel file. Disciplinary actions or restrictions may be issued. 4. If the behavior continues, or if relations with the employee become unacceptable to the owners, the employee will be dismissed from employment. Equal Employment Opportunities and Harassment

The Acacia Group is an EEO firm and has always been committed to its equal opportunity program. The written program is available for review by any employee. All employees have the right to work in an environment that is free of discrimination and harassment. In particular, conduct that has the purpose or effect of substantially interfering with an individual’s work performance or creating an intimidating, hostile, or offensive work environment is not permitted. If any employee encounters conduct that is inconsistent with this policy, the conduct should be reported to a principal of the firm. The company maintains detailed procedures for resolving such conflicts. All claims will be investigated. If the company determines that harassment has occurred in violation of this policy, appropriate disciplinary action will be taken. Compliance with the firm’s legal obligations regarding equal employment opportunity and harassment shall be taken very seriously by all employees. Please help us preserve mutual respect for all employees of the firm.

Merit Raises, Performance Reviews, and Promotion

Salary increases, raises in hourly pay rates, and promotions are based on performance and merit. During annual reviews, employees set their own professional goals for growth and development within the company. Achieving these goals is an important factor in assessing performance and awarding merit raises and promotions. The employee’s successful fulfillment of assigned professional responsibilities during the year as determined by the firm’s principals and project managers is another important consideration. The first performance review occurs at the end of the probation period, usually 12 weeks after beginning employment with the firm. Thereafter, formal performance reviews are held on an annual basis on the employee’s anniversary date. Informal reviews, at six-month intervals for example, may be held on a case-by-case basis and when requested by an employee. Performance reviews are normally carried out by a principal most familiar with an employee’s work and one or more of the firm’s management staff. Raises are based on four main considerations, including the employee’s profitability to the firm: 1. Achievement of professional goals set at the annual review. 2. Positive feedback from clients, supervisors, and coworkers. 3. Completing contracted work within the hours and fee scheduled for the projects. An employee’s performance on all projects worked on during the period covered by the review will be considered. Profitability will be rewarded. 4. Attitude and happiness of the employee. Jury Duty

Outside Employment

Outside employment is discouraged. Full mental and physical capabilities are hampered by holding more than one job. Involvement in additional employment using company equipment or creating a conflict of interest for either the firm or its clients may be cause for dismissal.

Recognizing that jury duty is an important civic responsibility, the company will pay the employee’s normal full-time salary or wage for participating on a jury for up to five days. The employee must transfer his or her jury stipend to the company. Benefits will continue without interruption. Expenses for travel or meals are not reimbursed.

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Stamping of Plans

Employees who have obtained technical registration and are duly licensed by the state and who are directly supervising the preparation of plans may stamp documents prepared by themselves or employees working under their direction. The documents must be reviewed by a principal and be reviewed under the procedures established for quality control in the office. Confidentiality

All employees will respect proprietary and confidential information concerning company business. Personnel policies, compensation, billing rates, project fees, marketing prospects, and the company’s financial condition are key areas where confidentiality must be respected. Outside requests for corporate or project information should be directed to a principal.

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5. Performs construction field observation and site measurements under the direction of a project manager or senior designer 6. Executes quantity take-offs and prepares construction cost projections using Excel software under the direction of a project manager or senior designer 7. Assists in writing specifications or reports under the direction of a project manager or senior designer 8. Manages work and time for individually assigned tasks 9. Performs tasks normally associated with the practice of landscape architecture under the direction of a project manager or senior designer 10. Performs tasks related to the operations of the office as requested

Landscape Architecture Entry-Level Job Description—Used for Recruiting

Education and Experience: Landscape architecture degree, Landscape Architect in Training (LAIT) certification, two years experience in design and planning

OCCUPATIONAL CLASSIFICATION:

PERSONAL QUALITIES:

1. Project designer, project planner ORGANIZATIONAL RELATIONSHIPS: 1. Reports to: Principals, project managers, senior landscape architects 2. Coordinates with: Project managers, senior designers, project staff Primary Job Summary: Responsible for design or planning functions and assignments under the direction of senior design or planning staff, project managers or principals. WORK PERFORMED: 1. Executes assigned design or planning tasks 2. Produces design drawings either by hand or using computer software such as AutoCAD, Photoshop, or SketchUp 3. Performs computer drafting and plan production 4. Executes assigned research and investigation tasks such as site analyses

1. Good organization skills, self-discipline, creativity, and motivation 2. Interpersonal communication skills 3. Adaptability and flexibility 4. Even temperament, self-confidence, ability to deal with criticism and disappointment 5. Innovative and open to new ideas 6. Good written and oral communication skills 7. Sensitive to people and listens well. MEASUREMENT OF PERFORMANCE: 1. Effective self-management relative to time and budget constraints on individual projects 2. Broad knowledge of computer software applicable to landscape architecture and specific proficiency with AutoCAD, SketchUp, Photoshop, Microsoft Office Suite, and Microsoft Outlook 3. Timely and accurate submittals of work products such as plans, drawings, and reports

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4. Harmony, happiness, and productivity among coworkers 5. Dedication to achieving high design quality and high quality of workmanship 6. Others as set by the individual in consultation with principals and supervisors

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Morris K. Udall Regional Park master plan, Tucson, Arizona Morris K. Udall Park Recreation Center and Park Facilities, Tucson, Arizona Inventory and Evaluation of the Health and Moveability of 8,056 Mature Giant Saguaro Cacti on the 800-acre Site of La Paloma Planned Community, Tucson, Arizona, Merit Award, ASLA Professional Awards Program Inventory and analysis of 8,056 Giant Saguaros on the site of the La Paloma Planned Community, Pima County, Arizona Rillito River Park, Flowing Wells to Campbell Avenue (3 miles) feasibility analysis of converting the potable irrigation system to reclaimed water, Tucson, Arizona La Querencia Townhomes site development, Tucson, Arizona Arrowhead Park Master Plan, Chandler, Arizona Sunnyslope Transit Center, Phoenix, Arizona Ronstadt Transit Center landscape and irrigation design, Tucson, Arizona Charreria, Mexican Rodeo, and Fiesta facilities design program, Tucson, Arizona Memorial Park Master Plan update, El Paso, Texas Reid Park, Tucson, Arizona; master plan for Tucson’s largest and oldest central park Thirteen-mile Santa Cruz River Park Master Plan update, Tucson, Arizona Pantano River Park Master Plan update, Pima County, Arizona Cochise College master plan for campuses at Sierra Vista and Douglas Arizona, Cochise Country, Arizona

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University of Arizona Campus Farm Master Plan, Tucson, Arizona Arroyo Chico Urban Greenway Master Plan and design of several segments, Tucson Parks and Recreation Department Sabino Estates Reservoir, winner of an Arizona Chapter ASLA merit award for reconstruction of a natural Sonoran Desert landscape Barraza-Aviation Parkway landscaping and multi-modal trail system, Tucson, Arizona “Conservation Potential Analysis for Turf Facilities in Arizona: Criteria for the Second Management Period 1990–2000, State of Arizona Groundwater Management Act,” merit award winner, research category, American Society of Landscape Architects (ASLA) National Professional Awards Program. Saint Thomas The Apostle Catholic Church, Tucson, Arizona, First Place Xeriscape Award, Commercial Category, Southern Arizona Water Resources Association Williams Center Technology Campus landscape and irrigation plans for four buildings, Tucson, Arizona Pulte Homes Corporate Headquarters, Oro Valley, Arizona

Figure 3-15. The Acacia Group received an ASLA Merit Award in 1984 for its inventory and analysis of the health and transplant ability of 8,056 giant saguaros on the site of the La Paloma planned residential community in Tucson, Arizona. Photograph Walt Rogers

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Figure 3-16. The Acacia Group developed the site plan and carried out landscape architecture services for La Querencia, an eight-unit town home project in Tucson, Arizona. Illustration courtesy of Olsson Associates

Figure 3-17. Automobile entry court and gated access point for La Querencia Town Homes. Photograph Walt Rogers

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Figure 3-18. The front entry for the $6.4 million recreation center at Morris K. Udall Regional Park in Tucson, Arizona, where The Acacia Group was responsible for designing $1.5 million in park facilities and landscaping. Photograph Walt Rogers

Figure 3-19. Master plan for Reid Park, Tucson, Arizona. The plan is an update for Tucson’s oldest central park. The 160-acre park includes an existing zoo, minor league baseball stadium, rose garden, lake, and park facilities. Illustration courtesy of Olsson Associates

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University of Arizona, Hillenbrand Stadium, Women’s Intercollegiate NCAA Softball Stadium, Tucson, Arizona Lincoln Regional Park Softball Complex, Tucson, Arizona Kennedy Regional Park Fiesta Area and Amphitheater Park improvements, Tucson, Arizona University of Arizona, Central Refrigeration Plant Park Buffer, Tucson, Arizona Moonrise Apartments at Starr Pass planned community site improvements, Tucson, Arizona Paloma del Sol Patio Home streetscape, Pool and Recreation Center, and Model Home

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Complex, La Paloma planned community, Tucson, Arizona Tucson Country Club New Golf Clubhouse, Tucson, Arizona City Center Plaza, Norwest Bank Tower, Tucson, Arizona Tovrea Castle landscape preservation plan, Phoenix, Arizona Old Las Vegas Mormon Fort Historic State Park landscape preservation master plan, Las Vegas, Nevada Old Towne Artisans Historic Courtyard adaptive reuse plan in the historic El Presidio neighborhood, Tucson, Arizona

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Figure 3-20. The Acacia Group’s mitigation plan (a) and elevation (b) for a naturalized flood control channel and linear park using native and drought-tolerant plant materials introduced by seeding and by planting container-grown plant materials. Illustrations courtesy of The Acacia Group, Inc.

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Figure 3-21. 3-D model of a segment of the Arroyo Chico Urban Greenway in Tucson. Illustration courtesy of Olsson Associates.

Figure 3-22. 3-D model of a park node at Rio Vista Natural Resource Park, providing a visual reference point for an entrance to the park from the adjacent Rillito River Park, Pima County, Arizona. Illustration courtesy of Olsson Associates.

Figure 3-23. Rendering of the Acacia Group’s plan for the University of Arizona’s, Hillenbrand Stadium, Women’s Intercollegiate NCAA Softball Stadium, Tucson, Arizona. Illustration courtesy of Olsson Associates.

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ValleyCrest Landscape Development: Large Integrated Design-Build Firm History and Overview* The ValleyCrest family of landscape companies was founded in 1949 by Burton S. Sperber as Valley Crest Landscape Nurseries. Timing is everything, and the company grew steadily in the post–World War II building boom of Los Angeles’ San Fernando Valley. The company started as a nursery operation and routinely offered customers design and installation services to facilitate the sale of trees and shrubs. After Sperber received certification as a registered landscape architect in the state of California (No. 825) in 1954, the company’s entre´ e into what is now known as design-build was officially launched. As new housing tracts begat schools, parks, and associated retail and commercial services in southern California boomed. The national highway boom of the Eisenhower era spurred additional growth opportunities as the company’s portfolio expanded to include commercial and public works projects. The shift to larger projects over an expanded geographic territory led to a greater focus on landscape construction contracts on work designed by the talented Landscape Architects emerging from prestigious design schools. As a result, bid-build became the company’s primary business model for the next 30 years. Longevity, management tenure, financial strength, and field talent positioned the company to win larger and larger contracts, luring the firm to expand into new marketplaces such as Arizona, Nevada, Georgia, Florida, Texas, and Massachusetts. The net result is that ValleyCrest has built a company that can offer the size, strength, staffing, and purchasing power of a national network, while still operating with a local market perspective and *

The case study information for ValleyCrest was written by Kelly F. Duke, Vice President of Pre-construction Services, ValleyCrest Landscape Development. The material was edited for use by the author.

responsiveness. This concept has been supported by the firm’s ability to maintain a shared company culture and uniform set of management policies and operational procedures that allow for the creation of project-specific teams that can work independently, or in concert with, a regional office to support the needs of virtually any sales opportunity or construction challenge. Today, the company has 20 regional and satellite offices, and projects in over 20 states. Over the years, ValleyCrest’s operational expansion has also grown its reputation for industry leadership and technical innovation. ValleyCrest has become the contractor of choice for many of its national customers, often becoming involved in projects at the very earliest stages of project design in a preconstruction consultative role. Early involvement in a project can impact resources as a project moves slowly through the iterative design process. ValleyCrest’s commitment to this process resulted in the development of a dedicated PreConstruction Services Department. The growth in Pre-Construction Services and Design-Assist Services generated much interest from customers seeking to simplify overall project delivery. Initially, such requests were accommodated by ValleyCrest joining forces with outside design firms to create project-specific teams. The acquisition and development of its own landscape architecture studios has allowed the company to also leverage a broad range of in-house design talent as an integrated design-build provider.

Mission Statement ValleyCrest’s overlying mission statement is simple: ■

Dominate Every Market with Completely Satisfied Customers

The mission statement is achieved through a joint focus upon the equal importance of both customers and employees. To this end ValleyCrest management places employee status on a comparable plane with that of the customer. While employees are held to specific individual performance goals, each employee is provided with a supportive environment offering guidance, training, and, when necessary, redirection. This promotes

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productivity, accomplishment, and a sense of pride and purpose within the firm. The individual core values are interrelated parts of a comprehensive whole that influences each employee’s relationship with customers as well as his or her relationship with management and fellow employees. Each core value is important to the overall philosophy and culture of the company. It is more important to understand that a failing in any one core value area inevitably undermines all of the other core values. As a result, all core values are of equal importance: Safety. ValleyCrest is committed to providing a safe and healthy work environment for its employees, both in the office and in the field. This ensures that employees get home to their families each night safely and are able to show up for work the next day. This culture of safety requires that ValleyCrest maintain safe working conditions at each project site for benefit of the employee, the property owner, the general public, and the environment. Employees benefit, customers benefit, the world benefits. There is no downside to safety. Integrity. Integrity is difficult to define but a virtue that one recognizes when one sees it. For ValleyCrest, the concept of integrity is the social and professional notion of honesty and consistency in the firm’s dealings with its customers and its employees, and with employees among themselves. Engendering an environment of honesty and consistency encourages an open discussion of issues, fosters respect, and deters irresponsible behavior. Teamwork. ValleyCrest as a corporation is a family of different but related business enterprises. Each enterprise is a separate business unit with its unique goals and expectations for success. This scenario could lead to competition between divisions or between branch offices were it not for an overarching focus on teamwork. This concept spills over to the manner by which ValleyCrest employees work with their customers. The focus is on collaboration toward common goals; a quality project, a project completed on time, a project completed on budget, a project completed with no injuries or losses. Quality. Quality, unlike integrity, is easier to define. The problem is that everyone has their own expectations and scale for measuring quality. ValleyCrest’s quality aspirations and expectations are set very high by the company’s founder and chairman

of the board, Burton Sperber. Employees learn this early through the quality of their office environment and the quality of the tools and wellmaintained equipment supplied to support their work. Setting a high standard internally encourages the pursuit of high quality standards in the execution of customer’s projects. Innovation. Innovation has been one of the key drivers of ValleyCrest’s success. The firm has many firsts in its collective resume. Innovation is a necessary evolutionary response to the inherent conflict between a firm’s drive to be profitable and the constraints imposed by its own requirements for safety, quality, and speed. In the right environment, employees or teams caught between such potentially contradicting goals will develop new and innovative ways to solve problems.

Landscape Architecture at ValleyCrest To understand the landscape architecture business at ValleyCrest requires some background of the firm’s total landscape services. ValleyCrest Landscape Development is the largest privately-owned landscape construction firm in the United States and part of a family of vertically integrated firms dedicated to nursery operations, design, construction, and the long-term maintenance of gardens and landscapes. ■

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ValleyCrest Design Group (VCDG). A network of six design studios located in four states. Three of these studios were brought into the ValleyCrest family through acquisition, while the other three are being grown internally by bringing on key design principals and the subsequent hiring of studio staff to support these design leaders. ValleyCrest Design Group is technically a subset of ValleyCrest Landscape Development. ValleyCrest Landscape Development (VCLD). A full-service landscape contracting company operating from twenty regional offices in nine states, and the U.S. Virgin Islands. The firm is licensed as both a general engineering contractor and a landscape specialty contractor. Most recently this division established the subsidiary

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ValleyCrest Middle East, a limited liability corporation operating in Abu Dhabi in the United Arab Emirates. ValleyCrest Landscape Maintenance (VCLM). A landscape maintenance contracting company operating from 105 branch office locations in 20 national regions. This division provides long-term maintenance and horticultural services, including specialized care for mature trees, irrigation, retrofits, and upgrades for environmental efficiencies, and in cold-weather areas, snow removal services. ValleyCrest Golf Course Maintenance (VCGCM). A maintenance firm specializing in agronomy and the care of golf courses. The firm presently maintains 55 publicly and privately owned golf courses. Valley Crest Tree Company (VCT). A wholesale nursery with 800 acres of trees from 15-gallon containers up through 84inch box (7-inch–8-inch Caliper). This division also has a Specimen Tree Division with the dual functions of contracting with customers to salvage and relocate large specimen trees and the speculative acquisition of select large specimen trees for inventory and future sales.

Arizona California

Phoenix Cypress, Pleasanton, Sacramento, and San Diego Colorado Parker Florida Destin, Homestead, Orlando, and Tampa Georgia Norcross Massachusetts Boston Nevada Las Vegas North Carolina Durham and Charlotte Texas Austin and Dallas Utah Sandy Abu Dhabi, UAE Al Ain and Abu Dhabi (as ValleyCrest Middle East, LLC)

The performance of each branch office is evaluated against a set of standard performance metrics established by senior corporate management and agreed to by each branch manager. These performance metrics are the basis for the individual branch manager’s incentive program and, taken as a whole across all branches, are the metrics upon which the corporate central management team is incentivized. The performance metrics are as follows: ■ ■ ■ ■ ■

ValleyCrest Design Group (VCDG) and ValleyCrest Landscape Development, Inc., (VCLD) is the primary focus of this chapter; however, depending upon the context of individual sections, the use of the name ValleyCrest may be used in reference to either of these firms.

ValleyCrest Landscape Development, Inc. On the construction side, the national network is represented by regional branch offices that are overseen by a central VCLD management and support group. At the operational level, each branch office is a separate profit center with individual financial operational budgets and profit goals. Each branch office is lead by a local, autonomous, branch manager. Branch locations are as follows:

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Total Revenue Achievement Overhead Management Direct Cost Management Net Profit Accounts Receivable Management (Collections) Bid Capture Rate Safety Customer Satisfaction

Branch offices have incentives to achieve annual baseline metrics in each of the above categories. The baseline metrics may be increased on an annual basis if the division president and the corporate (VCC) president deem that the existing goals are readily achievable and as a motivation for continuous improvement within the division. Logistics and economic constraints generally limit each branch office to pursuing work within a reasonable radius from its office location. This radius may be expanded for projects of sufficient size where the economies of scale offset the costs of mobilizing, staffing, commuting, housing, subsistence, and supporting a project that is far from the

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main office. Therefore, as a general rule, any given VCLD office will pursue projects within its region only. All regional offices will self-perform irrigation, planting, landscape area drainage, pottery, site furnishings, and post-installation maintenance. Depending upon the field expertise and market advantage, an individual branch office may include a broader scope of self-performed work, including architectural concrete flatwork, masonry walls, masonry pavements, play equipment, and carpentry. All branches are licensed to pursue broad scope work as a general contractor, supplementing their self-performed trades with qualified subcontractors. As noted earlier, VCLD offices undertake many projects where the branches competitively bid or negotiate construction work designed by outside design firms hired directly by the owner. While the company advocates design-build project delivery, it is understood that not all customers prefer or understand such an integrated approach. Likewise, not all projects are appropriate to pursue under a design-build methodology. If opportunities arise where design-build is the project owner’s preferred method of delivery, or where other conditions suggest design-build as the most practical or most effective means of project delivery, VCLD must still evaluate the situation to determine if it has the appropriate in-house design resources. If the answer is no, the firm may elect to subcontract an outside, third-party design firm in a contractor-led, project-specific design-build team scenario.

ValleyCrest Design Group On the design side, the national network is represented by individual studios that are overseen by central VCDG management and administrative group. At the operational level, each studio is a separate profit center with individual financial operational budgets and profit goals. Each studio is led by an autonomous principal. ■

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The performance of each studio is evaluated against a set of standard performance metrics established by senior design studio management. The performance metrics are as follows: ■ ■ ■ ■

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The studios within ValleyCrest Design Group routinely pursue design-only commissions. Such work is generally limited to projects in the private sector. Each individual design studio is free to make decisions regarding the types and locations of projects the studio pursues and even the types of clients that the studio prefers working with. The design profession is less constrained by distance, and the design studios are free to pursue desirable work across a much wider, even international, marketplace.

Design-Build ValleyCrest added design studios for the specific purpose of providing integrated design-build capability to meet growing customer interest and demand. This customer-focused capability along with the offering of design-only commissions and/or conventional bid-build work where the customer has procured design services through an independent design firm allows for a range of service diversity with three complementary distinct business models. The Landscape Architecture studio typically pursues design-only opportunities, where they develop RFQ responses and fee proposals based upon an assessment of the work effort and subconsultant costs required to meet the program requirements and necessary level of design of each prospective project.

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Parallel to this, the landscape contracting company typically pursues opportunities to bid or negotiate construction contracts with customers. For most projects, this work is already designed by independent landscape architecture firms working directly for the property owner. Design-build opportunities arise when the above two market segments overlap and the owner sees value in dealing with one entity to both design and to build the work under a single contract. Some opportunities within this market may be driven by enlightened owners that are already sold on the concept of design-build. More often owners may respond to the concept as a suggestion but may require tangible evidence of the benefits of design-build as a project delivery system before making a commitment to the contract model. At ValleyCrest, all projects that receive a green light to go forward under a design-build scenario become contractor-led design-build projects with the contracting entity providing constructability, cost, and schedule analysis of the design as it evolves. Under this scenario, VCDG becomes a subcontractor to VCLD and, while the design studio will meet and interact directly with the project owner, all discussions regarding constructability, cost, and schedule are first vetted by the contracting entity.

owner’s perspective, the questions typically focus on whether design-build will save money, deliver the project sooner, or result in better-quality design, improved functionality, or reduced operational costs. From ValleyCrest’s perspective, the decision may revolve around staffing numbers and the expertise to design and build the project, the competition, and the likelihood of capturing the work weighed against the likely expense of preparing the type and detail of RFQ or RFP response. Once the decision has been made that designbuild is the right course of action for the project, an iterative process follows consisting of design, analysis, and pricing as the design evolves from conceptual to schematic to design development, and ultimately to full construction documents. The bulk of the work in this process falls to the Design Studio and the Pre-Construction Services Department. The local branch office is kept informed throughout this process and ultimately takes over well into the construction documents phase.

Employee Benefits ■

Design-Build Project Management In the pursuit of design work, VCDG may encounter design-build opportunities. The final decision whether or not to pursue such work is ultimately made by the management at ValleyCrest Landscape Development and not by the landscape architecture studio. The greatest risk (and the greatest reward) of a design-build project lies in its construction. Thus, the “go/no-go” decision is made by the construction division. Once a project is identified as a design-build project, there is a specific procedure for the management of that project that deviates from either traditional design-only or bid-build project management. The first decision is whether the opportunity is a suitable one for the owner, the design studio, the VCLD branch office, and VCLD’s Pre-Construction Services Department. From the

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Group Medical Insurance Employees may choose between a traditional insured plan and a health maintenance organization (HMO) if available in the specific geographic area of employment. Full-time employees become eligible for medical coverage after three months of employment. ValleyCrest and the employee each pay a portion of the medical benefits. Employee’s benefits selections are deducted on a weekly basis through payroll. Group Dental Insurance Full-time employees become eligible for dental coverage after three months of employment. The employee is responsible for paying the entire dental amount for him/herself and eligible dependents through payroll deductions. Group Term Life Insurance and Accidental Death and Dismemberment Insurance This coverage is paid for entirely by the company. Eligibility requirements are the same as for the group medical and dental insurance.

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Long-Term Disability Insurance This coverage is paid for entirely by the company. Eligibility varies depending on compensation level. This coverage provides income after an initial waiting period to fulltime employees who become disabled during the period of their employment. Flexible Spending Accounts The company offers two different types of flexible spending accounts (FSA’s), a Medical Expense FSA and a Dependent Care FSA. Both of these programs offer employees the opportunity to contribute to individual FSA accounts on a pretax basis and to receive reimbursements for eligible incurred expenses. The Medical Expense FSA is available only to employees who are enrolled in a company-sponsored health plan. Savings and Profit-Sharing Retirement Plan (401(k)) Employees may contribute from 1 percent to 50 percent of their salary. The company may match the employee contribution at a lesser rate up to a to a maximum total contribution of 6 percent of the employee’s salary per annum. Eligibility for salaried employees is after 90 days of employment. Workers’ Compensation This coverage provides benefits for employees who are injured in a work-related accident. Coverage begins from the first day of lost work if hospitalized, and from the fourth day to the seventh day (depending on state) if not hospitalized. This coverage is paid entirely by the company. Social Security The employee contributes through weekly FICA payroll deductions. The company pays an amount equal to the employee’s contributions. Federal Unemployment Insurance Benefits depend on federal law at the time. The company pays this cost. State Disability Insurance (California Only) Benefits begin on the first day if hospitalized, and on the eighth day if not hospitalized. This cost is paid by the employee with weekly SDI payroll deductions.

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Company Holidays New Year’s Day (January 1) Memorial Day (last Monday in May) Independence Day (July 4) Labor Day (first Monday in September) Thanksgiving (fourth Thursday in November) Christmas (December 25) Paid Time Off (PTO) Table 3.2 is a summary of paid time-off benefits and their accrual. Reimbursable Expenses and Expense Accounts Incidental business and travel expenses will be reimbursed to the employee upon presentation of receipts and reimbursement request forms. An allowance per mile will be paid as reimbursement for employees using personal cars for business (noncommuting) mileage. Some employees may need to travel or spend time out of the office in the course of their work. Employees that routinely travel will be issued company credit cards for authorized expenses. Select positions involving routine business travel are assigned company-provided vehicles or may be eligible for a paid vehicle allowance. Telephones and Email Office telephones and email services are provided to support the employee’s work efforts. Employees required to travel will be issued a cell phone and, where needed, a laptop computer for work-related use. Professional Registration, Licenses, and Dues The company will reimburse an employee’s expense for work related registrations, certifications, licenses, and professional organization dues. Continuing Education ValleyCrest maintains a tuition reimbursement program to help non-union employees offset the cost of work-related continuing education, certification, or credentials. The program is limited to a maximum of $1,000 per year and covers tuition expenses only. Reimbursement is paid to the eligible

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Table 3.2. Summary of Paid Time Off Vacation Hours Accrual Schedule (Based on Years of Service) Upon Hire

Beginning on 3rd Anniversary

employee upon the successful completion of an approved course with a grade of “C” or better. To be eligible for tuition reimbursement under this policy, an employee must: ■ Be a full-time employee ■ Have completed one year of service ■ Be an employee in good standing (no written warnings or suspensions) within the last year ■ Be on the payroll when the course is completed This program is available for all courses, required or elective, which are related to an employee’s work or which lead to a business-related or job-related degree or certification. Examples of eligible courses/programs include, but are not limited to: ■ Horticulture ■ Business ■ English as a second language ■ Spanish, Arabic, or Chinese as a second language ■ AutoCAD, BIM, and related drafting or rendering software classes ■ Certifications (required for job position)

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Continuing Education Units for related professional registrations or certifications Employees must obtain preapproval for tuition reimbursement under this program. Employees can find full details of the ValleyCrest Tuition Reimbursement Program on the company’s internal intranet web page.

Entry-Level Job Descriptions The diversity of ValleyCrest as a company suggests that there may be multiple entry-level positions for graduates of landscape architecture programs, depending upon whether one is motivated by the challenges of design, the challenges of construction, or the growing field of preconstruction services that is the interface between these areas. There are many defined positions within ValleyCrest. The position descriptions below are those that might be of interest to a degreed landscape architect looking to join the firm or a licensed/registered landscape architect interested in a transitional role within the commercial landscape design profession and construction industry. Two job descriptions are listed with a design studio emphasis and two with a construction emphasis.

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Landscape Architect—1004

Landscape architects are responsible for managing all phases of the planning for design-build projects and for: ■

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Creating plans and designs, and preparing models and cost estimates for each site development project Communicating with customers, subcontractors, vendors, and employees and attending project-related meetings Working with clients to ensure that changes are captured, plans are updated, and that working designs are available for install teams Partnering with installation professionals to ensure that projects are on track and that all documents are accurate Inspecting work for conformance with approved plans, specifications, and standards; including grading, irrigation systems, water lines, curbs and gutters, sidewalks, turf, landscape materials, and trees and shrubs Reviewing and determining the feasibility of specific designs and approving landscape architectural plans Ensuring that a safe environment exists for all employees, contractors, and customers throughout the project

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Landscape Designer—1003*

LANDSCAPE DESIGNERS ARE ALSO RESPONSIBLE FOR: ■

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Minimum of three years experience in a landscape architecture firm or landscape installation specialty contractor Prefer bachelor’s degree in landscape architecture or related discipline and license in landscape architecture Proficient with computer software programs, including MS Office suite (Word, Excel, and Outlook) and AutoCAD Significant horticultural knowledge, including experience with plant lists Strong work ethic Effective oral and written communication skills Ability to prioritize and multitask in a fastpaced environment

Building solid business relationships with clients Understanding basic horticultural concepts and communicating with customers and partnering with each project installation team Researching and preparing drawings, then presenting them to client in a timely and effective manner Ensuring that design time is recorded correctly on time card for billing and job-costing purposes Assisting with change order estimates as requested Special projects as needed

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Bachelor’s degree in landscape architecture or related discipline Minimum of three years of creative experience in a professional design business Proficient with computer software programs, including MS Office suite (Word, Excel, Outlook, and PowerPoint) and AutoCAD Significant local horticulture knowledge, including experience working with plant lists Strong work ethic Effective oral and written communication skills

* In the context of ValleyCrest, the title landscape architect is reserved for individuals who have completed testing and licensure requirements for one or more states where such credentials are required. Some flexibility may be granted on the use of the title for individuals of sufficient seniority or who engage in international work where the credential requirements may be different. For all other new hires, the specific title may vary depending upon the individual’s primary role or area of interest in the firm. Thus, a graduate of an accredited landscape architecture program or an ASLA-recognized certificate program may come into the firm under another title pending licensure or registration.

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Ability to prioritize and multitask in a fastpaced environment Can negotiate skillfully in tough situations with both internal and external groups Customer service experience

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Graduates of landscape architecture programs with less interest in design and more interest in the “build” aspects of design-build are most likely candidates for a position in the firm’s PreConstruction Services Department or one of the operational branch offices of ValleyCrest Landscape Development. In practice, a significant number VCLD’s project managers have degrees in landscape architecture.

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Pre-Construction Manager—1520

A pre-construction manager oversees multiple preconstruction project assignments, including the preparation of constructability analyses, preliminary budget development, and preliminary schedule preparation for design-build projects.

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Hiring, training, and developing productive team of estimators Administrating salary and performance reviews; managing the estimating teams’ performance, accuracy, and reliability Assigning work throughout the team; ensuring coverage for bid process Developing and implementing department standards, procedures, and training Completing final review of all bid and budget documents to ensure accuracy and completeness Analyzing actual costs versus budgeted costs for all completed jobs Proposing corrections to production rates or other assumptions to branch management; recommending strategic alternatives to management for creative and responsive cost estimates Implementing changes based upon collaboration with branch management

Meeting or exceeding the expectations and requirements of external and internal customers Working collaboratively with others to foster a positive “people-oriented” environment Demonstrating role model behaviors in regard to ethics and integrity as well as positively promoting the company culture

Minimum of four years of construction estimating team management experience Bachelor’s degree in landscape architecture, civil engineering, construction science, construction management, or related discipline Proficient with computer software programs, including MS Office suite (Word, Excel, and Outlook); HCSS preferred Possess a basic understanding of construction accounting, including budgeted versus actual costs Strong work ethic Effective oral and written communication skills Ability to prioritize and multitask in a fastpaced environment Customer service experience

Project Manager—1007

A project manager is responsible for managing all phases of large commercial bid-build or designbuild site development projects. PROJECT MANAGERS ARE RESPONSIBLE FOR: ■

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Managing design-build projects by coordinating all activities of contractors, subcontractors, and vendors, as well as employees Researching and negotiating prices and purchasing materials according to company policy Working with corporate departments to ensure that business licenses, liens, and all construction documents are complete, accurate, and timely Hiring, training, and managing project coordinator’s activities, including document

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control, field production tracking, and change management Identifying opportunities for improvement, making recommendations, and ensuring that all projects are completed according to the company’s high quality goals and standards Proactively identifying potential issues and resolving problems, while ensuring high levels of customer satisfaction

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Prefer bachelor’s degree in construction science or construction management, or civil engineering degree or related experience Minimum 5 years managing projects in a general contracting or specialty contracting firm Strong work ethic Effective written and oral communication skills Ability to prioritize and multitask in a fastpaced environment Strong computer skills (Microsoft Office, Excel, Word, PowerPoint) Customer service experience Bilingual (Spanish) a plus

Representative Examples of ValleyCrest Design Group work ValleyCrest’s work cuts across a broad spectrum of project types driven by several factors: ■

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The wide geographic distribution of the studio locations and the trends in those regional markets The design expertise of the senior design talents in each studio, their backgrounds, and their client contacts The influence of the construction division (ValleyCrest Landscape Development) in the case of contractor-led design-build opportunities

ValleyCrest has completed a wide range of private-sector and public-sector projects in the United States and offshore. The depth of the company’s project experience is noteworthy. The com-

pany has completed many excellent projects and only a few illustrations are shown here. The reader is urged to visit the company’s web site www.valleycrest.com to see the outstanding portfolio of ValleyCrest’s work. Even the company’s corporate headquarters on a 30-acre site in Calabasas, California is an awe-inspiring example of what it can do.

Denver Service Center, National Park Service: Public Practice History and Overview The National Park Service has valued the contributions of environmental design professionals from its inception. Design services were handled through regional centers until the 1950s, when the Park Service centralized planning, design, and construction services into two centers—the Western Office of Design and Construction, in San Francisco, and the Eastern Office of Design and Construction (Eastern Service Center), in Philadelphia and later in Washington, DC. These centers provided professional services to field areas until the early 1970s, when a single, central location was selected and the Denver Service Center was born. The reason for centralizing design services was to better serve the National Park System through a critical mass of individuals. Located under one roof, the design professionals created a synergy as they worked together to develop sensitive and appropriate solutions for the nation’s heritage of unique natural, cultural, and historical sites—the U.S. national parks. The Denver Service Center (DSC) continues to be the principal office to carry out the planning, design, and construction program of the National Park Service (NPS). The center offers professional services to all park managers in the National Park System. The DSC provides the concepts, documentation, and technical expertise, allowing NPS decision-makers to implement proposals for the best management and use of the national parks. To carry out its mission, the DSC employs a staff of over 200 employees, including landscape

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Figure 3-24. Entry drive and sign at the ValleyCrest Companies headquarters, Calabasas, California. Photo courtesy of ValleyCrest

Figure 3-25. Atrium at the ValleyCrest Companies headquarters, Calabasas, California. Photo courtesy of ValleyCrest

architects, architects, historians, engineers, natural resource specialists, sociologists, and other experts. The DSC balances the fluctuations in workload and the needs for additional expertise not available in the center by using private-sector architectural and engineering firms. Approximately one-third of the work carried out by the center is accomplished with outside consulting assistance. The DSC organization includes a Director’s Office, a Contracting Services Division, a Planning Division, an Information Management Division, a Transportation Division, and the Design & Construction Division. Because of the range of talents required to execute the planning, design, and construction program, the DSC has the greatest aggregation of professional and technical expertise in the National

Park Service. The center also houses a number of specialized services. It is a source of information and support in these areas. The DSC develops and implements life-cycle costing and value engineering for NPS projects. It provides a wide range of services through a sophisticated graphics operation, including land mapping, graphic design, and information storage and retrieval in its Technical Information Center. DSC employees often represent the National Park Service in relations with other federal agencies, universities, international organizations, and foreign governments. Planning and design services offered by the DSC include: ■ ■

Site planning and development Facility design

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Figure 3-26. ValleyCrest’s design Plan for Kona Village Resort, Kona, Hawaii. Photo courtesy of ValleyCrest

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Schematic design and design development drawings Design alternatives and analysis Landscape architecture services General management plans, resource planning and development concept plans, wilderness suitability/feasibility studies and recommendations, and economic feasibility studies Visitor use studies, including visitor experience and resource protection Cultural resource studies, including cultural landscape reports, historic resource studies, and historic structure reports Environmental studies, including environmental assessments, environmental impact statements, threatened/endangered species studies, wetland studies Alternative transportation studies Value analysis Graphic design

general approach followed by specific actions. The most comprehensive plan is the general management plan. Each park must have an approved general management plan that sets the groundwork for specific planning, design, and construction needs. Once the broad concepts for visitor use, resource management, and park operations are established in an approved general management plan, they are explored in more detail in specific plans for resource management, interpretation, and development. Specific plans related to facility development or preservation are normally prepared in the DSC as part of the design phase. The DSC’s design-bid-build process typically has five phases: (1) General (2) predesign, (3) schematic design, (4) design development, (5) construction documents. There is a plethora of design guide information available on the NPS/DSC Web site, including: ■

Decisions to involve the DSC in a national park project are made jointly by park managers and field directors. Planning for a specific park includes a

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Figure 3-27. Plan for the Arlington Heights Sports Park, Riverside, California, a ValleyCrest design-build project. Photo courtesy of ValleyCrest

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Design standards Design technical bulletins Forms, templates, samples, policies, and regulations Quality assurance guidelines

Construction work is normally contracted to a private company and is overseen by a DSC construction supervisor. The construction supervisors ensure that designs are carried out as specified in the construction documents so that the federal government and the National Park Service get the quality of product that was designed. The DSC also has a postconstruction evaluation program to assess completed work. The overall planning, design, cultural resource preservation, and construction program of the DSC addresses a large number of independent projects simultaneously in an efficient and managementresponsive manner. Because the DSC has a finite staff and funds that are authorized in an annual budgeting process, and because all requested projects compete for the services available from the DSC, the center uses a system of servicewide assessment and priority setting to prioritize and schedule projects. Park planning and design priorities are updated every three to five years. The director can change a priority or add a new priority at any time based on considerations such as a field director’s request, congressional concern, or an emergency. Shifts in priorities are determined by evaluating new projects against the ongoing program. Fluctuations in appropriations can raise the funding cutoff line for priority projects in a given year, causing a scheduled project to be delayed until funding levels are increased or higher-priority projects are completed. Congressional initiatives also affect priorities and projects that are in line for funding. The American Recovery and Reinvestment Act of 2009, for example, allocated $3 billion of new project funding for the U.S. Department of the Interior, including millions for national park projects. Reprioritization can dramatically affect the DSC’s work from year to year. The Denver Service Center functions as a project matrix organization. Project managers are the leaders in accomplishing the center’s work. They are the single point of contact for the client.

They are selected based on the management needs for the project and the professional discipline best suited to the client’s needs. Project managers select from a discipline pool of professionals to assemble a project team. The client, or a representative of the client, is a full member of the project team. A project agreement serves as the contract between interests on each job. The office hierarchy of the DSC comprises a leadership team made up of the director, chief of operations, chief project manager, and the chiefs of architecture, landscape architecture, engineering, contract administration, resource planning, and management services. The leadership team also includes an executive assistant and a communications specialist. Quality leaders provide direction and professional guidance to employees. Technical experts contribute specialized expertise in various aspects of the disciplines at the DSC.

The Role of the Landscape Architect in the Denver Service Center Landscape architects have enjoyed enormous flexibility for advancement in the National Park Service and the Denver Service Center. They can stay in a design role or move into management positions as park superintendents, field directors, park chiefs of maintenance, administrators, project managers, and construction supervisors. Landscape architects have an impressive record of rising to top management positions in the NPS. At least two directors of the National Park Service were trained as landscape architects. If a landscape architect wishes to stay within the career track of professional practice, the Denver Service Center offers a rich interdisciplinary work environment. In many ways, the DSC resembles a large multidisciplinary planning and design firm that specializes in park and recreation projects. The office size varies. In the year 2007, for example, the DSC had 250 employees but has had as many as 800 employees. In addition to landscape architects, the staff includes architects, natural scientists, archaeologists, and planners, as well as structural, civil, mechanical, environmental, electrical, and geotechnical engineers. The DSC offers

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an excellent opportunity for entry-level landscape architects to learn from experienced professionals of all disciplines. Professional-practice career tracks for landscape architects include planning, design, and construction. Typical planning projects consist of evaluating sites for inclusion in the National Park System; preparing large-scale general management plans (master plans that address land-use management and policy issues); and preparing conceptual development plans, transportation plans, park-wide trail plans, and resource-management plans. The planning process requires evaluating and documenting environmental impacts and preparing environmental impact statements. Landscape architects often assume the lead role in preparing these documents. Public involvement is an important aspect of the planning and design process. Landscape architects with effective presentation skills, as well as diplomacy and conflict mediation talents, often play leadership roles in public meetings. The bulk of the design work consists of doing site development plans for small-scale projects such as park roads, parking areas, visitor centers, maintenance complexes, campgrounds, trailheads, trails, boating facilities, and concession facilities. There are challenges associated with designing facilities in remote settings, often with severe climatic constraints, and designing facilities that are sustainable, easily maintained, durable, and vandal proof. Landscape architects spend time preparing the project scope of work in conjunction with other design-team members, park staff, and regional administrators. Landscape architects develop schematic design alternatives, design development drawings, presentation graphics, construction cost projections, and construction drawings and specifications. The DSC’s designers primarily use AutoCAD software as the design software of choice. Landscape architects also have a variety of visual simulation and geographic information system (GIS) software available for their use. The DSC produces a CAD standards guide that employees follow. Its purpose is to set basic CAD standards to ensure consistent electronic deliverables for the NPS design and construction program. It provides guidance and procedures for preparing CAD products

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for the Denver Service Center (DSC) that meet the necessary archival requirements. It also documents all standard files and customization that have been developed to support the DSC CAD program. In addition to design work, the landscape architect has opportunities to serve as a project supervisor on the construction site, ensuring that the contractor performs the work in accordance with the design intent and the construction documents. Project supervisors act as liaison between the contractor and the designers, as well as between the contractor and the NFS contracting office responsible for paying the contractor. Project supervisors spend much of their time watching the construction activity, poring over plans and specifications, doing daily and weekly reports, meeting with the contractor to resolve anticipated problems, interpreting the construction documents, discussing safety issues, and writing and negotiating contract modifications and change orders. Opportunities exist for the landscape architect to design a project, move into the field to supervise construction, and return to the office for more design work. Overall, the opportunities for the landscape architect in the Denver Service Center are limited only by an individual’s interest and enthusiasm.

Employee Benefits The National Park Service offers DSC employees a comprehensive benefits package available to all federal employees. The federal employees’ benefits program is covered in detail on the Web site www.usajobs.gov. A pre´ cis of the main elements is included below. Specifics on employee benefits are also detailed at the U.S. Office of Personnel Management’s Web site www.opm.gov. Leave Time

Federal employees are entitled to at least 13 days of vacation leave as well as 13 days of sick leave each year. Depending on years of service, employees can earn up to 26 days of vacation leave each year. In addition, Federal employees get 10 days paid holiday each year.

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Health Benefits

One of the benefits of working for the government is very good healthcare benefits. The government’s health benefit program has about 180 health plan options throughout the United States, including consumer-driven health care and preferred provider network options. At least a dozen plan choices are available to each employee, which allows for a broad choice so that employees can select the plan that best meets their own individual health care needs. While specific benefits vary among FEHB plans, none can impose a waiting period or require a medical exam to enroll in their plan. Dental and Vision Benefits

Dental and vision benefits are available to federal employees, retirees, and their eligible family members on an enrollee-pay-all basis. Premiums for enrolled federal employees are withheld from salary on a pretax basis. New and newly eligible employees can enroll within the 60 days after they become eligible. Flexible Spending Accounts (FSAs)

FSAs allow employees to increase their disposable income because the amounts they contribute are not subject to federal income, FICA, state or local income taxes. The federal government offers both a Health Care FSA and a Dependent Care FSA. Employees can use the Health Care FSA for expenses that are tax-deductible but not reimbursed by any other source, including out-of-pocket expenses, and noncovered benefits under their FEHB plans. Some examples are noncovered dental services, LASIK surgery, health plan deductibles, and copayments and coinsurance. FSAs for dependent care are available for employees with dependent children or qualifying dependent adults when the care is necessary to allow the employee to work. Family-Friendly Flexibility

The federal government provides many programs for workers to support their needs for individual and family flexibility. For example, flexible work schedules allow employees to adjust their work hours in order to take a day off each pay period. Employees can enjoy twenty-six three-day week-

ends. Also, the federal ‘government’s Alternative Work Schedule (AWS) allows employees to select certain arrival and departure times that best suit their needs within their working day. Agencies are encouraged to allow eligible employees the opportunity to telecommute, working either at home or at a remote location at least one day a week. Family Friendly Leave Policies provide flexibility for military leave, allow employees to care for a sick family member or flexibility in the event of a disaster or emergency. In addition, while specific programs may vary, federal agencies also offer employee assistance programs (EAPs), part-time and job- sharing positions, resources for child support and elder care, and information and incentives for adoption. Retirement Benefits

Congress created the Federal Employees Retirement System (FERS) in 1986, and it became effective on January 1, 1987. Since that time, new federal civilian employees who have retirement coverage are covered by FERS. NPS DSC employees earn retirement benefits under the Federal Employees Retirement System. The FERS is a three-tiered program that includes Social Security benefits, a basic benefit plan, and a thrift savings plan. Each employee of the National Park Service pays full Social Security taxes and a small contribution to the basic benefit plan. In addition, the NPS contributes an amount equal to 1 percent of the employee’s basic pay each pay period into the employee’s thrift savings plan. The three components of FERS work together to give each employee of the Denver Service Center a financial foundation for retirement years. Savings Plan

A thrift savings plan (TSP) similar to a 401(k) allows employees to contribute a percent of their salary for a retirement savings plan. The amount that can be deducted from salaries matches the federal guidelines for 401(k) plans. The maximum amount for the year 2010 was $16,500 with $5,500 in catch-up contributions if at least 50 years old. The TSP part of FERS is an account that the DSC automatically sets up for its employees. Each pay period the DSC deposits an amount equal to 1 percent of the basic pay earned by employees for the pay period. Employees can also make their own

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contributions to their TSP account, and the DSC will make a matching contribution. These contributions are tax-deferred. The Thrift Savings Plan is administered by the Federal Retirement Thrift Investment Board. Federal Employees Group Life Insurance

The FEGLI is a group term life insurance program. It consists of basic life insurance coverage and three options. In most cases, new federal employees are automatically covered by basic life insurance and your payroll office deducts premiums from your salary unless you waive the coverage. In addition to the basic coverage, there are three forms of optional insurance that you can elect—standard, additional, and family. The program offers the opportunity to retain your coverage for your entire life.

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Federal employees have the opportunity to apply for long-term care insurance under the Federal Long Term Care Insurance Program (FLTCIP) with minimal underwriting. Applying for longterm care insurance coverage does not automatically guarantee you will be approved for that coverage and enrolled. The decision to approve your application will be based on your answers and explanations on the application. A limited number of medical conditions will prevent a new employee from being approved for coverage. Long-term care insurance helps people perform daily activities if they have an ongoing illness or disability. This program offers a choice of benefits that can provide a variety of services, including but not limited to: nursing home care, assisted living facility care, adult day care, and at-home care. There are many other benefit programs that make the federal government a great career choice and a model employer, and that may apply to working at the DSC. The following is a list of additional programs offered by many federal agencies: ■

Recruitment incentives. A lump-sum bonus may be offered to newly appointed employees for difficult-to-fill positions. Up to 25 percent of basic pay may be paid prior to employee entering on duty. A service agreement with repayment plan is typically applied if service time is not fulfilled.

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Relocation incentives. A lump-sum bonus for difficult-to-fill position in a different commuting area can be offered to federal employees, up to 25 percent of basic pay. A service agreement with repayment plan is typically applied if service time is not fulfilled. Retention incentives. Continuing payment to retain desirable departing employees may be offered, up to 25 percent of basic pay. Incentive awards. Monetary, time-off, honorary, and other nonmonetary incentives can be offered to federal employees. Employee development. A wide variety of professional development options are available to federal employees. Community support. As an employer, the federal government encourages philanthropy through its Combined Federal Campaign. The mission of the CFC is to promote and support philanthropy through a program that is employee focused, cost-efficient, and effective in providing all federal employees with the opportunity to improve the quality of life for others. CFC is the world’s largest and most successful annual workplace charity campaign, with more than 300 CFC options throughout the country and internationally to help to raise millions of dollars each year. Interagency transfers. Federal employees can transfer from one federal agency/ position to another without a break in service. Student loan repayment. This permits agencies, such as the Denver Service Center, to repay the student loans of federal employees at the discretion of the agency.

Entry-Level Job Description—Landscape Architect The entry-level job description for landscape architects seeking employment with the Denver Service Center usually falls under the government service rank of GS-807-05-07. The job description for each position is described specifically for that position. Individual job announcements found on www.usajobs.gov are tailored to the specific requirements of each position being hired at the

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DSC and other federal agencies. The following is an example of typical job requirements for the entrylevel position.

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Any deviations, problems, or unusual situations are referred by the employee to the supervisor or higher-grade professional. Work is reviewed upon completion for accuracy and adherence to standard practices and to ensure conformance with requirements.

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Knowledge of professional landscape architectural principles and concepts, as well as the ability to apply standard practices, methods, and techniques to perform design work. Familiarity with allied architectural, civil engineering, planning, and biological science fields as these relate to landscape architecture.

Assignments consist of varied projects intended to provide diversified experience as a foundation for future project responsibility of greater scope, difficulty, or magnitude. Assignments require familiarity with and use of standard principles, methods, and practices to solve professional problems. Assignments may also be made to provide assistance to higher-grade landscape architects or professionals in allied design professions for the purpose of broadening an understanding of the interrelationship between the professions. Work of this nature is closely supervised as a learning process by responsible higher-grade professionals.

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obtain information on condition of existing facilities and systems. WORK ENVIRONMENT: ■

Work is usually performed in an office setting, although there are occasional visits to a facility, project, or construction site.

DSC jobs and other NPS jobs for landscape architects are specifically found with job descriptions on www.usajobs.com. The following position, an example of what is available on the Web site, was announced for a NPS landscape architecture position in Flagstaff, Arizona, for hiring in April, 2010: Job Title: Landscape Architect Department: Department of the Interior Agency: National Park Service Job Announcement Number: AZSHRO 10-065 DEU-TRM SALARY RANGE:68,809.00 89,450.00 USD/year OPEN PERIOD: Thursday, April 01, 2010 to Wednesday, April 07, 2010 SERIES & GRADE: GS-0807-12 POSITION INFORMATION: Full time, Term NTE 4 years DUTY LOCATION: Flagstaff, AZ WHO MAY BE CONSIDERED: United States Citizens JOB SUMMARY: Experience your America and build a fulfilling career by joining the National Park Service. Become a part of our mission to unite our past, our cultures and our special places, to establish important connections to the present and build a rich and lasting legacy for future generations. Are you interested in a Term Appointment as a Landscape Architect on the Project Management Team Branch of the Facilities Management Division, Grand Canyon National Park? Would you enjoy working under the direction of the Chief of the Project Management Team, with duty station of Flagstaff, Arizona?

KEY REQUIREMENTS: U.S. citizenship. Background investigation. Must submit transcripts. Additional Duty Location Information: Supports the Project Management (PM) in all functions, especially as the contact with park staff. Assists PM in determining project scope (goals, objectives, deliverables, reporting requirements, work options and alternatives), schedules (timetables and milestones), budget (planning, design, and construction cost estimates, financing procedures), staffing needs (work loading both in house and A/E firms), and appropriate level of quality. Prepares draft project agreements, which are negotiated with the customer, and draft scopes of services for A/E efforts. Supports the PM in the completion and execution of all projects. Works with the PM to identify the discipline needs for project teams. May serve as the Contracting Officer’s Representative (COR). Performs all assigned tasks as deemed appropriate by the PM to assist in the timely completion of work.

BASIC REQUIREMENTS: Degree: Landscape architecture or landscape design Note: Successful completion of a fiveyear program of study of at least 160 semester hours leading to a bachelor’s degree in landscape architecture in an accredited college or university is qualifying for GS-7. Or, Combination of education and experience: for each year short of graduation, the applicant must have had one year of experience under professional leadership and guidance of such character and diversity as to be a satisfactory substitute for the required education. This experience must have included original landscape design.

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Must submit resume, transcript and supporting documents. Additional information on the qualification requirements is outlined in the OPM Qualification Standards Handbook of General Schedule Positions. It is available for review on OPM’s Web site at http://www.opm. gov/qualifications. Background investigation. HOW YOU WILL BE EVALUATED: Once the application process is complete, a review of your resume and supporting documentation will be made and compared against your responses to an assessment questionnaire to determine if you are qualified for this job. The numeric rating you receive is based on your responses to the questionnaire. The score is a measure of the degree to which your background matches the knowledge, skills, and abilities required for this position. If after reviewing your resume and supporting documentation, a determination is made that you have inflated your qualifications and or experience, you may lose consideration for this position. Please follow all instructions carefully. Errors or omissions may affect your rating. Your qualifications will be evaluated on the following competencies (knowledge, skills, abilities and other characteristics): Knowledge of the principles, practices, and techniques of landscape architecture related to planning, design, and construction projects. Knowledge and understanding of project management, contract management, budget, cost estimating, and financial processes. Skill in communicating in writing. Skill in communicating orally. Knowledge of computer operations and software. BENEFITS: The Federal Government offers a comprehensive benefits package. Explore the major benefits offered to most Federal employees at http://www.usajobs.gov/EI/ benefits.asp

OTHER INFORMATION: This position is a “Term” appointment. The original appointment is for 13 months and may be extended yearly. The length of the appointment is four years but may be shortened or extended depending on work availability.

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Aztec Ruins National Monument preservation plan, New Mexico Arkansas Post National Memorial Visitor Center, Arkansas Andersonville National Historic Site Visitor Center, Museum and Entry Drive, Georgia East Broad Top Railroad protection management and interpretive plan, Pennsylvania Bents Old Fort National Historic Site reconstruction plan, Colorado Biscayne National Park Convoy Point site plan, Florida Blue Ridge Music Interpretive Center site plan and environmental assessment, Virginia and North Carolina Buffalo National River preservation plan, Arkansas Cambria Iron Company historic resource study, Pennsylvania Delaware Water Gap National Recreation Area Day-Use Pavilion, Pennsylvania and New Jersey Grand Canyon National Park waterline replacement, Arizona Grand Canyon National Park Entrance Station facility, Arizona Grand Teton National Park plan for Colter Village, Wyoming Indiana Dunes National Lakeshore Environmental Education Center, Indiana Jean Lafitte National Historic Park and Preserve restoration, Louisiana Jean Lafitte National Historic Park and Preserve Interpretive and Operations Center, Louisiana Johnstown Flood National Memorial Visitor Center, Pennsylvania

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Figure 3-28. Denver Service Center landscape architects and architects carried out the site planning and architectural design for the Rainy Lake visitor center, marina, and operations offices, the first facilities in Voyageurs National Park, Minnesota. Photograph courtesy of National Park Service, U.S. Department of Interior.

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Johnstown Flood National Memorial Historic Unger House adaptive reuse for offices, Pennsylvania Klondike Gold Rush National Historical Park historic structures rehabilitation, Alaska Lincoln Home National Historic Site restoration, Illinois Mesa Verde National Park plan for structures to shelter surface ruins, Colorado New River Gorge National Park high-use trail plan, West Virginia Redwood National Park Information Center, California Statue of Liberty National Monument rehabilitation plan, New York Steamtown National Historic Site plan, Pennsylvania Voyageurs National Park Rainy Lake Visitor Center, Minnesota Yellowstone National Monument design and restoration of Old Faithful Inn, Wyoming, Idaho, Montana Yosemite National Park employee housing, California

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Yosemite National Park Waste Water Treatment Plant, California

Rain Bird: Corporate Practice History and Overview Rain Bird started in the summer of 1933 when Orton Englehardt, a citrus farmer, inventor, and friend of Clement and Mary LaFetra, showed the LaFetras a new device for watering his lemon grove in Glendora, California. The device, a new impact sprinkler, offered slow-rotation watering that irrigated the trees slowly, evenly, and by itself. Mr. LaFetra was impressed with the sprinkler and began selling it for Mr. Englehardt. The new sprinkler was patented and produced on an individual-order basis. One of the first big orders came after a demonstration of the sprinkler at the Los Angeles Country Club. The greens keeper thought the high water pressure of 150 psi would

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Figure 3-29. Site design details for the Rainy Lake visitor center, Voyageurs National Park, include carefully detailed wood and battered rock walls seen in this photograph of the entry walk. Photograph courtesy of National Park Service, U.S. Department of Interior.

Figure 3-30. Denver Service Center staff were responsible for project planning at Ellis Island, New York, a part of the Statue of Liberty National Monument. Photograph courtesy of National Park Service, U.S. Department of Interior.

Figure 3-31. Denver Service Center staff prepared plans and technical specifications for the restoration of the ornamental copper domes on the main structure at Ellis Island. Photograph courtesy of National Park Service, U.S. Department of Interior.

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Figure 3-32. Denver Service Center staff designed the boardwalk trail through a sensitive resource area at Sandstone Falls in the New River National River, West Virginia. Photograph courtesy of National Park Service, U.S. Department of Interior.

Figure 3-33. Overlooks on the Sandstone Falls boardwalk provide interpretive and educational points as the trail meanders through various plant communities. Photograph courtesy of National Park Service, U.S. Department of Interior.

Figure 3-34. In the 1950s, Colter Bay Village was developed at Grand Teton National Park. The village includes a visitor center, marina, lodging, restaurants, a store, service stations, campgrounds, a picnic area, and employee housing. Significant user pressure on the facilities gave rise to proposals for rehabilitating the existing facilities and adding new facilities. Photograph courtesy of National Park Service, U.S. Department of Interior.

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Figure 3-35. The Denver Service Center planning team used computer simulations to analyze development alternatives at Colter Bay Village, Grand Teton National Park. Photograph courtesy of National Park Service, U.S. Department of Interior.

Figure 3-36. Reconstruction plans for Bents Old Fort National Historic Site, built in 1829 along the Santa Fe Trail, was carried out by a Denver Service Center planning team. Photograph courtesy of National Park Service, U.S. Department of Interior.

blow up LaFetra’s contraption, as it was thought of in those early days. When the impact sprinkler worked and other gardeners saw the device in operation, the country club ordered 12. Soon after, a big order, for 100 sprinklers, came in, when a professor at the University of California at Davis demonstrated the new method of watering plants. The development of the impact sprinkler head, small as it may seem, has led to irrigated lands that now exceed 60 million acres worldwide. Eventually, Orton Englehardt decided he preferred farming to manufacturing and sold the rights to his invention to Clement and Mary LaFetra. The LaFetras began manufacturing the new irrigation product in their barn on October 13, 1935.

The name for the irrigation manufacturing company was drawn from American Indian lore by a teacher at a Glendora school. Indian tradition holds that a bird brought rain to the parched Southern California land. The LaFetras began using the name “Rain Bird” for the irrigation sprinkler and registered the name as a brand trademark. Rain Bird has been awarded more than 130 patents, including the first in 1935 for that original horizontal action impact drive sprinkler (U.S. Patent #1,997,901), which revolutionized the food production industry and ushered in a new era in irrigation worldwide. The original impact sprinkler was designated a historic landmark in 1990 by the American Society of Agricultural Engineers.

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Figure 3-37. Bents Old Fort was reconstructed of readily available materials, including mud adobe bricks, mud plaster, viga beams from local cottonwood and pine trees, and millwork and hardware fashioned at the fort’s blacksmith shop. Photograph courtesy of National Park Service, U.S. Department of Interior.

Figure 3-38. Original Rain Bird sprinkler profile overlaid on agricultural field. Courtesy of Rain Bird Sprinkler Mfg. Corp.

The company continued to develop innovative irrigation equipment and introduced lightweight aluminum pipe to the product line in 1946. The new pipe revolutionized the irrigation industry and catapulted growth based on unprecedented demand for agricultural irrigation in Southern California. Some of the company’s innovations include computer-controlled irrigation systems; the precision jet tube, which eliminates side splash, conserving water; and pressure-regulating spray heads that maintain water pressure equally for optimum performance. In 1964, the LaFetras’ son Anthony joined the company. He held several positions and has

served as the president since 1977. According to Anthony LaFreta the company is not only an irrigation equipment company but also is doing its part to foster water conservation worldwide. Here’s what he wrote about Rain Bird’s water conservation efforts and the white papers the company produces aimed at water conservation: ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■

Water is one of Earth’s most precious resources. However, in most cases it is being consumed as if a limitless supply existed. At Rain Bird, we feel it is our responsibility to increase awareness of the growing threats posed by global water scarcity. Our white

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Figure 3-39. Rain Bird water sprinkler patent drawing. Courtesy of Rain Bird Sprinkler Mfg. Corp.

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papers are an effort to educate readers on the importance of using water efficiently and ways to incorporate these practices into their daily lives. Since Rain Bird’s beginnings in 1933, we have focused on developing products and technologies that use water in the most efficient manner possible. At Rain Bird, we are committed to taking the lead on water conservation by promoting it through not only efficient irrigation management, but also through education, training and services for our industry and our communities. We call this The Intelligent Use of WaterTM . We participate in a variety of initiatives aimed at educating the public on water conservation. We’ve developed environmental educa-

tion curriculums in conjunction with California State Polytechnic University, Pomona, aimed at helping teachers and students better understand the vital role water plays in various types of ecosystems. Through our annual participation in the R Parade, we have used our Tournament of Roses floats to draw attention to animal species and natural habitats that have been adversely impacted by water shortages. The need to conserve water has never been greater. We want to do even more, and together we can. Anthony LaFetra President Rain Bird Corporation (www.rainbird.com)

Since its modest beginning in the LaFetras’ lemon grove in Glendora, the Rain Bird Company has grown into the largest manufacturer of irrigation systems in the world. The company offers over 4,000 irrigation products, including rotors, valves, spray heads, moisture sensors, controllers, and drip irrigation emitters. The company also offers battery-operated controllers that bring automatic irrigation to areas lacking independent access to power, wireless remote control systems that manage irrigation sites from a PC, and weatherbased smart control systems that use temperature, rainfall, humidity and other environmental data to automatically adjust watering. Rain Bird’s mission is to be the industry leader by: ■

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Profitably providing defect-free, high value products and services that promote the intelligent use of water for worldwide irrigation applications Achieving customer satisfaction by meeting or exceeding customer expectations Being a responsible employer respected by employees and the community Enabling employees to be the best they can be

Rain Bird has several state-of-the-art manufacturing, assembly, and distribution facilities in the United States (California, Arizona, and Alabama), and internationally in France, Sweden, and Mexico. The company also has sales offices in over 20

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Figure 3-40. Rain Bird pop-up spray head over turf. Courtesy of Rain Bird Sprinkler Mfg. Corp.

Figure 3-41. Rain Bird pop-up spray heads over a large turf area. Courtesy of Rain Bird Sprinkler Mfg. Corp.

countries around the world. In addition, Rain Bird maintains one of the largest indoor irrigation testing centers in the world to ensure the development of high-quality products. Rain Bird’s corporate headquarters are located in Azusa, California, where the company manufactures residential and light commercial irrigation products, golf course irrigation products, and landscape dripline products. The company also has a plastic-molding plant in Azusa. Rain Bird’s plant in Tucson, Arizona, is home to the company’s commercial, commercial manufacturing, golf, accessories, consumer products, and Arizona molding divisions. It is where the com-

pany’s large commercial irrigation products are molded and manufactured, and also where some brass impact sprinklers are manufactured. Rain Bird’s Customer Technical Services Group is also based in Tucson, providing technical expertise, guidance, and support for their customers. Several Rain Bird manufacturing facilities in Mexico produce a variety of residential, commercial, and agricultural products. Rain Bird’s Ensembles Hyson in Tijuana features a high-tech plant for manufacturing electronic controllers, including fabrication of printed circuit boards. Facilities in Nogales, Sonora, Mexico, manufacture residential and commercial irrigation valves.

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home owners and other consumers. This business unit offers hose-end lawn and garden products as well as drip and underground watering products easily installed by the home owner. A large number of these products are manufactured in Tijuana, Mexico. Golf Division Figure 3-42. Rain Bird multi-outlet drip irrigation emitter. Courtesy of Rain Bird Sprinkler Mfg. Corp.

Rain Bird maintains a major presence in the European Economic Community. Aix-enProvence, France, is the headquarters of Rain Bird Europe. It houses one of the company’s distribution centers, and sales and marketing offices. In addition, the company’s pumps used for large irrigation projects are manufactured in Helsingborg, Sweden (Rain Bird 2010). Contractor Division

The Contractor strategic business unit delivers irrigation products to landscape and irrigation contractors who design and install irrigation systems in residential and light-commercial facilities, including single-family private homes. Most of the products are manufactured at the Anthony Manufacturing-Residential Division plant located in Azusa, California, and at the Hyson plant in Tijuana, Mexico. Commercial Division

Headquartered in Tucson, Arizona, the company’s commercial strategic business unit targets contractors, landscape architects, and irrigation system designers. The products are installed at commercial projects, public works facilities, shopping centers, schools, industrial centers, parks, and athletic fields. The products distributed by this business unit are manufactured at the Anthony Manufacturing Division commercial plant. Consumer Products Division

The Consumer Products strategic business unit, headquartered in San Diego, California, sells its products through retail stores such as homeimprovement centers, hardware stores, and lawn and garden shops. The products are sold directly to

The Golf strategic business unit offers complete irrigation systems for golf courses to superintendents, landscape architects, golf course designers, and irrigation consultants. The division provides thorough site-analysis services as a design aid, as well as training and after-sales service. The products distributed by this business unit are produced at the Anthony Industrial Plant in Azusa, California. Agri-Products Division

The Agri-Products strategic business unit delivers irrigation products to farmers and agribusiness through a network of wholesale distributors and independent dealers. This division’s products include sprinkler systems and low-flow systems designed to save water and energy, while achieving superior crop production. Agri-products are produced at the Rain Bird Sprinkler Manufacturing facilities located in Glendora, California, and in Tijuana, Mexico. International Division

As Rain Bird’s overseas marketing and sales arm, the International strategic business unit delivers a complete line of Rain Bird products to more than 120 countries around the world. This division’s product line is drawn from each of the other four strategic business units. Other Companies

Rain Bird also has other companies that service the strategic business units. The T.H. Molding Company supplies molded plastic parts. Rain Bird Corporate Services provides administrative services. Rain Bird Distribution Corporation distributes all of the company’s products worldwide. Clemar Manufacturing makes electronic controllers for the various divisions, and the Ceres Product Corporation distributes the company’s Lawnlife product line.

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Figure 3-43. Rain Bird multi-outlet drip irrigation emitter construction detail. Courtesy of Rain Bird Sprinkler Mfg. Corp.

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Through the years, Rain Bird has grown and changed, while maintaining its position as the world’s leading manufacturer of irrigation products.

Landscape Architecture at Rain Bird Landscape architects work primarily in Rain Bird’s sales force as area specifications managers and district managers. Degreed landscape architects also work as product managers in Rain Bird’s marketing departments. The company relies on landscape architects in two primary ways. First, landscape architects understand the needs of the company’s landscape architecture and irrigation consultant customers. Second, they understand the technical aspects of landscape design and irrigation applied to planting design and the healthy growth and maintenance of plant materials. The training of landscape architects provides an excellent background needed for sales and customer support. Landscape architects serving as sales representatives for Rain Bird speak the language of the landscape architectural consultants and irrigation designers who specify the company’s products. Although there are no designrelated career tracks for the landscape architect in Rain Bird, the opportunities in sales and customer support offer a different type of career track for the landscape architect inclined to succeed in a corporate environment.

Employee Benefits At Rain Bird the first 90 days of employment are a time for company-sponsored orientation. The new employee attends meetings to learn about the company, the benefits offered to employees, and other company-sponsored programs. Employee relations are a cornerstone of Rain Bird’s corporate philosophy. The company strives for strong, rewarding relationships between employees and their managers. Open communication is a goal. Employees are encouraged to discuss problems openly and directly with their supervisors. Third-party communication is discouraged. The company, which is not unionized, believes in policies and practices designed to quickly resolve day-to-day problems that may occur in the work-

place. By working together, all employees make Rain Bird a viable and healthy organization and a satisfying place to work. Management accepts responsibility for providing favorable working conditions with competitive pay and benefits. The company believes that each individual has the right to speak for him- or herself. At Rain Bird, each plant, department, or strategic business unit has a human resources consultant available to work with each employee on employee-relations issues, questions, and concerns. The consultants assist employees with insurance and benefits questions and help employees interpret Rain Bird’s policies and procedures. The human resources consultants serve as objective third-party counselors, helping employees and supervisors resolve problems or conflict in the work environment. The company wants each newly hired employee to become one of the company’s team, to respond with the appropriate behavior expected of a regular employee. Occasionally, the company and a new employee discover that the job, the company, or performance is not what both wanted. If this situation develops, the company urges all new employees to discuss the matter with their supervisor. The company’s compensation policy is to pay competitively in the geographical area where employees work. Each year the human resources department researches what other companies are paying for similar jobs. Based on the research, pay scales are adjusted annually for all of the hourly paid positions. Salaried employees are reviewed once each year prior to January 1. Overtime is voluntary, except under unusual circumstances. Supervisors attempt to distribute available overtime equitably among employees. Rain Bird has a set number of holidays and scheduled floating holidays normally used to provide employees with long weekends throughout the year. Vacation time is 2 weeks after one year of employment, 3 weeks after seven years of employment, and 4 weeks after 15 years of employment. Employees who work less than 1,600 hours in a given year earn prorated vacation time. No vacation time or pay may be taken until the first anniversary of employment. For jury duty, Rain Bird pays the difference between the employee’s normal daily pay and jury

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duty compensation for up to 10 days in a three-year period for subpoenaed witness duty, if the employee is not a party to the litigation. Rain Bird allows up to three days off with pay for time needed for traveling to and attending a funeral of a member of the employee’s immediate family, which includes a spouse, child, parent, brother, sister, grandparents, parents-inlaw, brother-in-law, sister-in-law, grandparentsin-law, and children-in-law. Company benefits include medical, dental, and life insurance; a 401(k) retirement program; individual benefit accounts; educational reimbursement; employee activities; cost savings on the purchase of Rain Bird products; and a credit union benefit. The company’s benefits program philosophy is to maintain a benefits package that is competitive within the geographic area where employees are located. Rain Bird regularly surveys the benefits offered by other similar companies in order to keep its program up to date. Benefits begin 90 days after the start of employment. Each year, the company has an open enrollment period when each employee has the opportunity to make changes in benefits. Rain Bird provides a variety of insurance options for each employee and the employee’s family. The company’s medical plans cover doctor visits, prescription drugs, hospitalization, and dental and mental health benefits. Several choices of plans may be available, depending upon the employee’s location among the company’s employment centers. Rain Bird pays for most of the premium, and the employee contributes a portion of the costs. Life insurance is provided at no cost to employees. Employees who want to supplement their retirement savings may contribute a portion of their pay to the company’s 401(k) savings and investment plan. The employee may select from a variety of investment alternatives with different risk levels. The company encourages employees to further their education and reimburses regular full-time employees as follows: ■

Tuition and parking fees are reimbursable at 100 percent. Books and lab fees are reimbursed at 80 percent. The company pays the first $500 and half of the amount over $500 per calendar year.

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Courses must be approved in advance of enrollment. Employees must enroll in degree programs that have a direct bearing on the employee’s present performance at the company or on a reasonably attainable future capacity at the company. Requests for approval of a course or program and for reimbursement are made through each employee’s supervisor, appropriate director, or vice president. The employee must attain a grade of C or better and be employed and working full time at Rain Bird at the beginning and end of the course to receive reimbursement.

Each year, Rain Bird sponsors various group activities in which employees may participate for fun and enjoyment. Attendance is voluntary. One of those group activities is working on the company’s annual Tournament of Roses Parade float. Rain Bird has entered a float in the parade every year since 1997. Its 2010 float won the parade’s Sweepstakes Trophy, which was also won by the company in 2009, 2008, 2005, 2003, 2002, 2001, 1999, and 1998. Employees may purchase most Rain Bird products at about 50 percent off the retail list price.

Entry-Level Job Description Position: Area specifications manager Division/Departments: Rain Bird Sales, Inc., Turf Products Reports to: Regional sales manager Job Latitude: Operates with substantial independence to accomplish objectives, referring to the regional sales manager when variations from established policy or marketing philosophy are required. Position Responsibilities: Area specifications managers operate as consultants to our turf market customers by developing a thorough understanding of their business and of the industry so that managers can recognize the customers’ needs and recommend the Rain Bird products or systems that best fill those needs.

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Area specifications managers operate with a great deal of autonomy, work independently in their assigned territory, and interface daily with irrigation consultants, landscape architects, irrigation contractors, developers, government agents, distributor personnel, and other irrigation users. This position is responsible for developing and implementing sales objectives, analyzing sales results, training irrigation users, and working as an essential member of the sales team. In addition, area specifications managers serve as the voice of the customer for Rain Bird sales, marketing, engineering, and manufacturing staffs. MINIMUM QUALIFICATIONS: ■ ■ ■

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B.S. degree Excellent general business skills Strong selling and communication skills with three years previous sales experience Skills in problem solving and thinking Familiarity with word processing, spreadsheets, and database applications

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A postgraduate degree Irrigation industry knowledge and thinking Working knowledge of commercial and residential irrigation design, installation, repair, and product application

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EPCOT, Walt Disney World, and EuroDisney. EPCOT, and Walt Disney World have one of the largest MAXICOM computer central control installations in existence. Simplot Feeders, Idaho, use Rain Bird controllers and rotors to control dust on 20 feedlots. National Wildflower Research Center, Texas The Smithsonian Institute, Washington, DC Nike, Inc., Corporate Headquarters, Beaverton, Oregon Microsoft Corporation, Corporate Headquarters, Redmond, Washington

State Farm Insurance Company, Texas Electronic Data Systems, Corporate Headquarters, Texas GTE, Corporate Headquarters, Texas City of Paris, France, reduced irrigation water consumption 40 percent by changing from hand watering to Rain Bird computer controlled systems City of Bakersfield, California, was the first nonagricultural winner of the State of California’s Landscape Water Conservation Management Award in 1995. The city saved over eight million gallons of water from 1993 to 1995 after installing Rain Bird systems on 65 acres of parks. Rain Bird systems are used on seven of the top 10 golf courses in the United States according to Golf Digest in 1993. Rain Bird systems are used at Pebble Beach Golf Links in California and at Shinnecock Hills Golf Club, site of U.S. Open golf tournaments. Rain Bird equipment is used at Arizona State University’s Sun Devil Stadium, site of the 1996 Super Bowl. The Baseball Hall of Fame in Cooperstown, New York, uses Rain Bird irrigation equipment. Rain Bird rotors are approved by the World Soccer Federation.

REFERENCES Miyakoda, Tooru. 1994. “From Partnership to Corporation: History of the Transition of the Eckbo, Dean, Austin and Williams Partnership to EDAW.” Process: Architecture 120: 5–9. Ed. Miyakoda Tooru. Tokyo: Murotani Bunji, Process Architecture Co.

Web Sites In addition to the Web sites cited in the text, the following sites contain additional information about the material discussed in this chapter: ■

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All Business (a D&B company), www. allbusiness.com Design Workshop, www.designworkshop .com

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STUDY QUESTIONS AND ASSIGNMENTS 1. Divide your class into three- to five-person teams. Each team is to function as a design office and develop a mission statement for your office. Refer to the mission statements in the case studies in this chapter. Carry out research on the Internet to identify mission statements for landscape architecture firms. Develop a comparison of a minimum of 12 mission statements. 2. Compare, analyze, and contrast the benefits offered by each of the case study companies. Develop an ideal benefits package that you would like to receive from a prospective employer. You will be able to use this ideal benefits package as a way to evaluate what is offered to you when you interview for future employment.

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3. Research the employee benefits associated with federal government jobs for landscape architects such as might be found at the National Park Service. Check the Web site www.usajobs.gov and the U.S. Office of Personnel Management’s Web site, www.opm.gov. 4. Compare, analyze, and contrast the differences between the types of employment opportunities offered by the career tracks in the case studies described in this chapter. Focus on the role of the landscape architect. Summarize the key differences and opportunities. 5. Write an ideal job description for an entrylevel landscape architect. Refer to the job descriptions in the case studies and additional research on the Internet to develop your ideal job description.

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Professional-Practice Relationships

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Landscape architect/owner Landscape architect/allied professional Landscape architect/contractor Landscape architect/general public

The relationships are both contractual and noncontractual. Contractual relationships are bound by the requirements of completing the scope of services agreed upon with the client and by the other legal obligations of a contract for professional services. Noncontractual relationships involve taking professional responsibility for complying with codes, such as the Uniform National Building Code, applying professional judgment, adhering to standards of care, practicing within one’s professional capability, taking responsibility for environmental stewardship, responding to worldwide climate and sustainability issues, and incorporating quality control in the preparation of the landscape architect’s instruments of service. Noncontractual relationships can become contractual if specific elements of the relationship are written into the agreement with the owner as terms of the contract. Whether contractual or not, all professionalpractice relationships have ethical and moral obligations that should be carried out with honesty and integrity.

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A landscape architect’s client may be an owner who is also the user of the completed project or plan, an owner who is not the user, or a party with a vested interest, such as an allied professional or a government agent. A landscape architect serves an owner in one of three main ways: 1. As the prime consultant having direct contact with the owner and responsible for managing and directing the services of subconsultants that may be necessary. 2. As one of a team of consultants, or one of multiple direct consultants, hired by the owner. Each consultant has direct contact with the owner and has responsibility for coordinating as necessary to successfully complete the project. 3. As a subconsultant to a prime consultant, usually an allied professional. There may not be, and frequently is not, direct contact with the owner. The subconsultant is typically responsible for communicating through the prime consultant and coordinating with the prime consultant and the other subconsultants. These professional-practice relationships are guided by conventional lines of communication. The prime consultant always communicates directly with the owner. A subconsultant communicates with the prime consultant and only with the owner when requested by the owner or when authorized by the

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prime consultant. A subconsultant hired by a subconsultant creates another layer of communication, one step further removed from the owner. The levels of communication create a ladder of authority for decisions and coordination on every project. The highest rung of the communication ladder is between the owner and the prime consultant. The next rung below is communication between the prime consultant and the prime’s subconsultants. Below that is communication between a subconsultant and lower-level subconsultants. If the owner is not the user, communicating with users of the project results in another line of communication. Sometimes an owner will act on behalf of the users to develop a design program with the prime consultant and some or all of the subconsultants based on prior experience, professional judgment, established standards, and interviews with potential users. The design program for market-driven projects, such as apartment complexes, is usually developed by the owner and the consultants acting on behalf of the user. The design program for a public works project almost always includes public input in the design process. The public input is obtained through direct interaction with users, project Web sites, emails, questionnaires implemented in public meetings, media outlets, and individual meetings with interest groups. Whether a market-responsive project or a public project, a user profile is vital to the success of all projects. Because the landscape architect is a shaper of the environment, a prime consultant often involves the landscape architect in developing the user profile when the landscape architect is a subconsultant.

Prime-Consulting Relationships When a landscape architect serves a client as the prime consultant, direct access to the owner exists. As the prime consultant, the landscape architect takes an active role in making decisions that affect the outcome of the project. The two L words—listening and leading—are important to the success of the prime-consulting relationship. If the owner has a clear idea of the goals of the project and states the goals in a design program that includes

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specific functional, aesthetic, and financial parameters, the landscape architect serves best by being a good listener. The landscape architect may assist the owner by refining the project’s parameters where acceptable to the owner during the programming or schematic design phase of the project. When the owner’s needs and goals are not well defined, the landscape architect’s leadership qualities are essential to the success of the project. The ability to ask questions is important, drawing out the goals from the owner in a give-and-take process of developing the design program. Prior experience with similar projects provides the background for the landscape architect to help the owner focus on key design issues while developing the program. Drawing upon Internet research can be very helpful for developing the design program and for making project-related research directly available to the client. Knowing when to listen and when to lead is a hallmark of successful landscape architects. In a prime-consulting relationship, the landscape architect often engages subconsultants that have subordinate relationships with the landscape architect and work on the project at the direction of the landscape architect. The subconsultants may include allied professionals who are responsible for various elements of the project such as irrigation design or structural engineering. The landscape architect is responsible for scheduling and managing the input of each subconsultant and clearly communicating the owner’s goals and the design requirements of the project. When serving as a prime consultant, the landscape architect typically maintains a professional, legal, and business relationship, and often a social relationship, with all those involved in the successful completion of the project.

Multiple Direct Consulting Relationships In some cases, an owner will directly hire a number of allied professionals with each serving in a specific capacity. For a land-planning project, for example, an owner may contract directly with the landscape architect, a civil engineer, a hydrologist, an environmental consultant, and a public relations consultant. Each consultant has direct access to and

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communicates with the owner. In effect, the owner maintains a number of prime-consulting relationships. In multiple direct-consulting relationships, the landscape architect has direct access to the owner and must coordinate with each of the other allied consultants. The success of this type of owner-andconsultant relationship is grounded in good communication. Multiple direct-consulting relationships have become increasingly popular with owners seeking more control and greater involvement in the outcome of the project. Many consultants serving as primes are not interested in administering subcontracts and possibly bearing the professional liability of subconsultants. Such consultants encourage owners to consider using multiple directconsulting arrangements. Fees are also a consideration. The costs associated with managing the input of the various consultants are borne by the owner rather than paying a markup on subconsultants that may be charged by the prime consultant. Multiple direct consulting relationships can facilitate communication between the owner and the owner’s consultants, mitigating the possibility of misinformation that can be associated with a prime consultant’s interpretation of the owner’s goals to the prime’s subconsultants or the possibility that a prime consultant may not fully represent a subconsultant’s issues to the client.

Subconsulting Relationships When a landscape architect serves an allied professional as a subconsultant, the owner is one level above the landscape architect and usually removed from direct communication with the client. The direction given to the landscape architect is typically the prime consultant’s interpretation of the owner’s goals. Information can be lost in the translation of the owner’s goals by the prime, and the landscape architect must take care to ensure that clear direction is received. Time and income may be lost when inadequate information or unclear direction is given to the landscape architect. In the subconsulting relationship, the landscape architect must be responsive to the direc-

tion of the prime consultant. If clear direction is not provided, the landscape architect must ask the prime as many questions as necessary to define the landscape architectural requirements of the project. Communication with the prime about the landscape architect’s design program on a project can be significantly improved by using email because the email medium more or less requires the prime consultant to respond in writing and directly address the landscape architect’s issues. Printed emails also leave a convenient paper trail instead of having to go back to handwritten notes, a conversation record, or notes of a phone conversation. The main benefit of a landscape architect working as a subconsultant is that liability and responsibility are limited to the specific subconsulting tasks. There is less coordination and management responsibility than when serving as a prime. The main constraint is often limited access to and communication with the owner or the user. The landscape architect’s client, for example, may be an architecture firm serving as the prime consultant. The owner may be a public housing authority represented by the agency’s staff. The users of the project will be future residents of the housing project. If the prime chooses to limit the landscape architect’s contact with the owner, user needs and design direction will be based on secondhand information. Design direction for the project could be set by the landscape architect from prior experience with the design of public housing projects as well as professional judgment. While it’s possible for secondhand information to lead to competent design work and a project that functions adequately and is safely, limited access to the owner may result more often in a built project that is ordinary rather than exemplary and one that may not meet some of the owner’s needs or desires.

Landscape Architect/Owner Relationship Expectations in the Landscape Architect/Owner Relationship There are expectations in every relationship. Unfulfilled expectations may lead to resentments, and

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resentments in the landscape architect/owner relationship will result in an unsatisfied client or an unhappy consultant. When expectations are identified up front and satisfied through the course of the relationship between the professional and the nonprofessional, harmony usually exists and the relationship is rewarding. In the landscape architect/owner relationship, the landscape architect must understand the owner’s expectations, and the owner or client needs to know the landscape architects expectations. Getting to know each others’ expectations can be expedited by paying attention to the following:

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Have at least one, and possibly several, meetings prior to making a commitment to engage in a consulting relationship with an owner who will be the client. Ask a lot of questions. Make sure that the relationship feels comfortable and communication is reasonable. To the greatest extent possible, try to develop a friendly relationship with the owner. Research the site on Google. Find aerials of the site and other information about it on the Internet. Electronically transmit useful research to the owner or client. Use the Internet for client background checks. Clearly identify landscape architectural expectations in conversations or emails with the owner. Is the project a possible award winner? Is the project ordinary but interesting because of some specific professional challenge? Is there a need to fast-track the project in order to meet the owner’s schedule? Does the landscape architect want to try out a new plant material that does not have a proven track record? Are there environmental issues that may cause problems? Is the client interested in having the landscape architect provide services during construction? Can sustainable “green” principles be applied to the project? Query the owner and determine the owner’s expectations. Document the understanding of the owner’s expectations in an email or a follow-up letter. Does the owner want to develop more of a project than the budget realistically allows? Does the owner want to use a

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questionable material or construction technique? Is the project so large that it will stress the market availability of certain plant materials? Does the owner expect more services from the firm’s principals than are permitted under the proposed fee using the firm’s standard billing rates? Walk the site with the owner. Discuss expectations in a give-and-take conversation or follow-up email. Visit other similar projects with the owner. Discuss pros and cons in a give-and-take conversation or follow-up email. Prepare a drafted written scope of services and review it with the owner prior to finalizing the scope and fee in the contract for professional services. Give the owner literature, such as that available from ASLA, describing the kinds of services provided by landscape architects. Direct the owner to www.asla.org or other Web sites that may be useful in understanding the landscape architect’s approach, goals and direction.

Owner’s Expectations Although every landscape architect/owner relationship may be different, there are some general expectations that most owners have about their landscape architecture consultants. Owners hire landscape architects because owners do not have the technical training to design a garden, create a site plan for a shopping center, develop a plan for an urban waterfront, or prepare a visual impact assessment of logging operations or a power line corridor. Above all else, owners expect their landscape architect to be technically competent. As a measure of technical competence, owners look at prior projects completed by the landscape architect and evaluate similarities between the landscape architect’s experience on prior projects and the technical requirements of the owner’s project. Owners ask the landscape architect questions about the technical aspects of their project or ask for clarification about techniques or methods the landscape architect plans to use. An owner needs to establish a comfort level with the technical capability of the landscape architect for

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the landscape architect/owner relationship to get off to a good start and end successfully. Obviously, a landscape architect’s Web site is one of the most important and convenient sources of information an owner will refer to. The owner also expects the landscape architect to be creative. The owner expects the design plan, the built project, the planning document, or any other product of the landscape architect’s services to be more creative than if completed by the owner. Owners measure design and planning creativity by reviewing the landscape architect’s completed projects. Some owners have a higher expectation of the landscape architect’s design skills than other owners because they may be looking for world-class, upscale design and have the financial capability to carry out a world-class project. Some owners—indeed, the majority of owners—want quality design within the constraints of the project budget. There are also owners who want quality design on a low budget. Professional services are an intangible product. Evidence of the quality of the professional services is evident in the visual appeal and creativity displayed in the final product or built environment. All owners want to feel there is value to the creativity provided through the professional services. Owners want to feel that the completed project looks better than it would have if they had not used the services of the professional landscape architect. Owners want the landscape architect to be responsive to their needs, desires, goals, and objectives, which are stated in the design program, the list of planning parameters, or a project goal statement. Responsiveness is a key to the landscape architect’s success, and the way the landscape architect responds to the owner’s needs, desires, goals, and objectives should be evident in the plan. The landscape architect should be able to walk the owner through the plan, discussing and pointing out how the plan responds to each of the owner’s needs, desires, goals, and objectives. Walking the owner or client through a plan for the first time can result in a terrific rush of adrenaline for the landscape architect. This experience of explaining how the plan responds to the owner’s design program and describing the creative nuances of the plan is an exhilarating moment in the day-to-day professional practice of landscape architecture.

The bottom line of the landscape architect/owner relationship is satisfaction. The landscape architect should have the ability to translate the functional, aesthetic, and environmental goals into an acceptable plan that satisfies the client and the owner. Satisfied owners are vital to the longterm success of every landscape architecture firm. A satisfied an owner pays off in repeat work, referrals, and good references for future clients. Owner satisfaction is a primary aim of every landscape architecture office.

Landscape Architect’s Expectations Every landscape architect expects the owner will allow, or even encourage, the landscape architect to be genuinely creative and free to express the greatest degree of creativity allowed within the constraints of the owner’s budget and the parameters of the project. Working for an owner who wants to control every line put down on a plan or every word written in a planning document will inhibit the professional’s creative freedom. The owner who hires the professional and lets the landscape architect loose to ply the creative talents learned through educational training and honed through professional practice is the most rewarding client to work for. The landscape architect expects each professional experience to be rewarding, providing opportunities that will be challenging and allowing opportunities for professional growth and development. Another of the professional’s expectations is that the project will get built or the plan will be implemented. No one enjoys working on a project only to see it not implemented. Circumstances sometimes dictate that a project can’t be constructed: the owner may lose financing or the political climate may change during the process of completing a landscape management plan. One of the main rewards for the landscape architect, nevertheless, is seeing the results of the design process come to fruition. In the landscape architect/owner relationship, the landscape architect also expects the owner to be cooperative and communicative, sharing the needs, desires, goals, and objectives that will make the project successful. The landscape architect expects the owner to be responsive to questions aimed at

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refining the owner’s needs and getting input to successfully complete the professional services. The landscape architect will seldom be successful without the owner’s cooperation. Last, the landscape architect expects to get paid. Notwithstanding the legal requirements of the contract for professional services, the landscape architect expects to receive compensation for the services rendered because the landscape architect and the owner believe there is a value to the services. If the landscape architect suspects that an owner is not willing or able to pay for the services rendered during the course of working on a project, the relationship will be quickly undermined. The landscape architect may wish to stop working on the project and pursue options available through the contract and other legal alternatives to recover the professional fees that have been earned.

Budgets The owner’s budget drives every project. Some owners are interested in upscale, or “high,” design and have the funding to develop a high-end project. They want to engage the services of a landscape architecture firm with the experience and capability to deliver a high-end project, and they are willing to pay the fees necessary to develop a professional relationship with such a firm. Some owners seek the lowest fees possible and go through a process of obtaining competitive fee quotes from a number of firms. Such projects are typically bottom-line-oriented and commonly referred to as production projects. The owners want to achieve a goodquality service at the lowest possible fee, resulting in a competently designed, but not overdesigned, project. They want their projects to be in budget or under budget. They are often most interested in schedules being met. Many owners fall somewhere in between having a high-end, unlimited budget and a low-end, restrictive budget, and one of the first things a landscape architect should do when engaged by an owner is to verify whether the budget is adequate for the design program and if a funding source exists to implement a planning project. The landscape architect can alleviate stress on the relationship by resolving budget shortfalls before engaging in the de-

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velopment of the design plan. Problems occur when the landscape architect designs a plan that meets the needs and desires of an owner, only to find out that the construction cost is substantially higher than the owner’s available funding. The owner’s heart becomes set on the plan artfully crafted by the professional, but funds are not available to construct the plan as shown. If additional funding cannot be obtained, the owner and the landscape architect must undertake the emotionally difficult process of reducing the costs by cutting out parts of the project, reducing quantities and sizes, lowering the quality of materials, and taking other cost-cutting measures. The best landscape architect/owner relationship exists when the budget is known and is adequate, and the design meets the owner’s needs and objectives. Sometimes the budget is known and is not adequate, but the landscape architect is able to successfully meet the owner’s needs and objectives by coming up with a clever solution or using a unique material that costs less but works as well as the desired material. In other situations, the budget is not known, but the landscape architect’s design solution meets the owner’s needs and the owner happily constructs the project because funding is available. These situations usually result in a satisfied owner from the budgetary standpoint. Difficulty arises in the landscape architect/owner relationship when the budget is known or is inadequate, and the landscape architect is neither able to convince the owner that the budget is too low nor able to come up with a plan that meets the owner’s needs by holding to the budget. If the landscape architect verifies the budget before developing the plan, and the budget appears to be too low but the owner insists on proceeding with the established design program, something will have to give later in the process. Phasing may be used to implement only a part of the design plan that can be constructed with available funds. A descending list of add-alternates can be included as part of the construction documents so that as many as possible of the add-alternates can be selected for construction if the base bid is below budget. The project also could be put on hold until additional funds can be obtained to build the project as designed. The landscape architect may also resent the owner if the fee is based on an inadequate budget, but the

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design is executed for a substantially greater amount of construction than defined in the program. Because fees are influenced by the construction costs, the owner will receive more services from the landscape architect because the project scope and design program are greater than the project budget. In this situation, the landscape architect may wish to negotiate an increase in fees if there are additional costs of designing a substantially larger project than the owner has budgeted. Whether the budget is adequate or inadequate, the landscape architect should approach each project by trying to maximize the quality and extent of what can be built for the available funds. A useful professional skill is a knack for stretching the dollar. Budget maximizing skills are obtained by experience, understanding the local construction climate, reviewing as many alternatives as possible for every design decision, and being sensitive with the client’s money as if it were the landscape architect’s personal money. Without question, owners will have greater satisfaction if they feel that they are getting more for their budget based on the services provided by their professional landscape architect.

Working with an Owner Involving the owner in the planning and design process is a key to successful professional practice. Patience is a virtue because many owners and clients are not accustomed to working with professional landscape architects. Knowing where and when to involve the owner can make the process more comfortable for the owner and more pleasant for the professional. The key times for involving the owner are: 1. When walking the site to get a feel for the land and visualizing the planning and design concepts 2. During the development of the design program or when setting the planning goals and objectives 3. During design development of the project 4. During the design of construction details and selection of materials 5. When reviewing the plans at the preliminary plan or schematic design stage 6. When reviewing design development plans

7. When reviewing and approving the final plans or construction documents 8. During construction Owners tend to have more useful input in the site design process when asked to comment on detail design and on the selection of materials. Remember that owners usually like to be educated about the site analysis process and how the plans are influenced by the site conditions. Because owners are usually not trained as designers, their input in the site planning process should be focused on whether functional relationships appear to be correctly laid out, distances and sizes appear be correct, and quantities seem to be what the owner wants. Before reviewing a site plan with an owner, the landscape architect should prepare questions related to how the owner will use the project. The questions can be asked when walking the owner through the plan or even during the initial visit to the site. The answers will help the landscape architect evaluate the plan to see if it is correctly designed to match the owner’s needs. Some landscape architects will actually design the concept plan for projects that are not overly complicated at a table with the owner present. The landscape architect can talk through the development of the plan with the owner and ask him or her questions that confirm whether the basic layout and structure of the plan appear to be what the owner has in mind. This process of developing a conceptual plan in the presence of the owner can build the owner’s confidence in the professional, save time, and get a design project off to a successful start. Surprises are minimized as the plan is developed in further detail. Because the owner approves the concept before extensive work is put into developing the plan, the landscape architect can pay more attention to developing the plan to a finer level and to developing the details of the plan. Emailing plans and submittals is particularly useful for keeping the owner informed. Checklists are very useful in working with an owner. Checklists can be developed to include questions to ask a client or owner at every stage of the design process from initial contact to postconstruction evaluation. Checklists may be most beneficial during the programming of a design project to ensure that all of the owner’s needs, desires, goals, and objectives are hashed out. One thing that can

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be very helpful to an owner is emailing a list of all the codes his or her project is subject to. Determining the owner’s motives can be useful, too. The owner’s motives will color the landscape architect/owner relationship and affect the way the landscape architect approaches the project. The developer of a 450-unit production apartment complex may have a single, overriding motive: to develop the project at the least cost and flip it to a new owner at a 15 percent profit over costs and fees. The developer is not likely to approve any site expenses not considered normal development costs for competing projects unless the site improvements heighten the ability to sell the completed project. Last of all, the landscape architect must be able to handle rejection. The practicing landscape architect is not going to hit it off with every owner. That is perfectly natural. There will be some relationships where the landscape architect will have a personality difference that will prevent an effective give-and-take in the planning and design process. There will be times when communication seems impossible. There will be times when the owner aborts the project for no apparent reason. There will also be times when the landscape architect recommends a design direction or a specific construction material and the owner flatly rejects the recommendation with or without a reason. Having a thick skin can be a helpful trait for a landscape architect. Each landscape architect must remember that he or she has the right to decide whether or not to work for a potential client. Deciding who to work for is one of the important decisions facing the professional practitioner. It’s okay to say no to a potential client if there is a reason why the landscape architect decides not to work for the person. It’s also okay to end a relationship with an owner during the design process if the working conditions are unpleasant or adversarial.

The Landscape Architect’s Responsibilities in the Landscape Architect/Owner Relationship Scope of Services

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sional services. Carrying out the scope of services is the foundation of the professional relationship between the landscape architect and the owner. The landscape architect must develop a specific, written scope of services that both the landscape architect and the owner agree adequately meets the owner’s needs. If the owner develops the scope of services, however, the landscape architect should review it and agree that it will adequately serve the needs of the owner and that the landscape architect is capable of carrying out the services. Once agreed to, the written scope of services becomes part of the contract and will guide the relationship between the landscape architect and owner. The landscape architect is responsible for carrying out the scope of services with interest and with the level of professional effort consistent with the standard of care practiced by landscape architects. Under normal circumstances, the scope is adequate for completing the project. In some cases, however, additional services are necessary to effectively complete the services on behalf of the owner. The need for additional services may arise because of unanticipated site conditions, changes in government regulations, or a contractor’s activities on the site. As a safeguard, the landscape architect should make it clear that the initial scope of services is based on assumptions made before starting the project. The owner needs to accept that unanticipated additional services may be needed and that the owner is expected to pay for them. Code Compliance

A very important technical responsibility of the landscape architect is confirming that codes are met. There are generally two levels of codes: national and local. The Uniform National Building Code (UNBC) is the most well-known national code and is referred to by all levels of government. Design and construction projects must conform to the UNBC. The Americans with Disabilities Act (ADA) has resulted in additional national-level regulations that landscape architects must respond to. There is a plethora of local codes, such as zoning ordinances, floodplain regulations, storm drain requirements, street standards, outdoor lighting codes, subdivision standards, water conservation ordinances, and others too numerous to mention,

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that affect the landscape architect’s work and must be addressed by the landscape architect. Planned communities, industrial and commerce parks may have design guidelines, CC&Rs, and planning regulations prepared by the master developer that need to be adhered to. Sometimes it seems that every direction a landscape architect turns there is another law, code, or ordinance to contend with. Indeed, much of the day-to-day practice of landscape architecture project design deals with verifying that the design of a project complies with the various levels of applicable codes. Every owner and client expects that the landscape architect will deliver construction or planning documents that comply with applicable codes and informing the owner of all the codes that must be met can be helpful in the code compliance process. Safe Design

The landscape architect is obligated to prepare a plan resulting in a safe environment with low risk of injury. Safety issues surround all kinds of design decisions. Gradients of walks, driveways, and parking areas must be designed for safety, especially in areas that have wet or freezing climatic conditions. Edges with dropoffs must have safety railings. Steep walkways should have surfaces finished with nonslip treatments, such as a heavy broom finish on concrete surfaces. Handrails and safety rails need to be designed at the correct height. Lighting that is designed for visibility and security is vital to safe sites. Placement of outdoor furniture so that users feel safe from criminal harm has become a more important consideration for designers of outdoor public spaces. Creating safe landscape architecture requires professionals to scrutinize their plans for safety glitches. Removing unsafe conditions found in plans is one of the preventative measures that can be taken. Landscape architects need to have a good working knowledge of the UNBC, as well as other national and local codes developed to protect the health, safety, and welfare of the general public. Applicable sections of the UNBC should be required reading for every student and practitioner of landscape architecture to develop a general familiarity with safety guidelines for steps, ramps, dropoffs, and other safety aspects of site planning and project design. The United States Consumer

Product Safety Commission is another agency that develops and publishes guidelines for safe playgrounds, for example, and landscape architects working in the parks and playground milieu must be familiar with the commission’s guidelines. No matter how much attention is placed on safety in the design process, there may be instances where a professional landscape architect is named in a lawsuit that claims negligence. In today’s litigious world, the odds are likely that many practicing landscape architects will be impacted in some way by third-party lawsuits. I once heard of a lawsuit filed because a tree limb fell off a shade tree adjacent to a picnic table, injuring someone sitting at the picnic table. When developing the design of the park, the landscape architect surely thought mostly about the comfort that the shade would bring to the picnicker. The possibility that a branch would fall off the tree and injure someone might never have crossed the landscape architect’s mind. The case was ultimately settled in favor of the picnicker, and the landscape architect’s professional liability insurance company paid the claim. The point is that even when a landscape architect has the best intentions of designing a safe and functional plan, there are reasons to review even the least-suspect design conditions for safety considerations. Risk and Professional Liability

Every time a landscape architect is engaged by a client, exposure to risk occurs and professional liability results. Liability in professional design services is governed by civil, or tort, law. Risk in the design process is associated with the possibility and probability that a claim may be made charging that the professional services resulted in a negligent act, and the negligence caused injury or damage to people or property. The concept of negligence centers on the general notion that every member of society has a duty to conduct his or her affairs so that unreasonable risk of harm to others is avoided. Under the terms of civil law, the landscape architect will be liable to the injured party if the injured party can prove that a negligent act should have been anticipated and avoided. In the landscape architect/owner relationship, the landscape architect also has risk exposure directly related to the owner as a result of the contract for professional services and contract law. Right

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from the start, the landscape architect has a risk of not being able to complete the services specified in the contract within the agreed upon fee. This is a business risk that affects the bottom-line profitability for the work. If the work is not completed within the specified fee, the landscape architect will not make a profit or might even lose money on the project. The landscape architect also runs the risk of having schedule problems and not being able to complete the contracted professional services within the agreed-on time. This risk can cause problems with trust in the landscape architect/owner relationship and may cause the owner to sever the relationship or not use the landscape architect for future work. The possibility of errors and omissions on the landscape architect’s construction documents also creates risk incurred on a typical landscape architecture project. If the landscape architect or a subconsultant to the landscape architect omits something from the drawings, an electrical line, for example, and the omission is discovered during construction, the contractor will seek a change order to install the electric line. The owner may request that the landscape architect pay for some or all of the cost for installing the electric line because it was omitted from the plans. All sorts of things can be missed on the plans and picked up during construction, causing liability issues. One of the best ways to limit contract risk is to develop clear, precise contracts that clearly spell out the professional’s responsibility and the owner’s. A clear and specific agreement on the scope of services goes a long way toward preventing misunderstandings. Risk and liability also can be dealt with, and usually are, in the contract for professional services. Risk also may be limited by securing professional liability insurance, commonly referred to as errors and omissions insurance. Thorough checking of the contract documents by more than one experienced professional in the firm or the firm’s attorney is another way to minimize risk caused by errors or omissions in the plans. The landscape architect and the owner also have risk associated with the possibility of future thirdparty lawsuits when some person is injured, for example, on a site developed by an owner and designed by a landscape architect. Third-party suits may also involve others, such as the contractor. The best

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ways to mitigate the possibility of future third-party lawsuits based on claims of negligence are to carry professional liability insurance and to thoroughly review and check contract documents to minimize exposure. Sometimes a risky situation is not foreseen during design and becomes evident during construction. Resolving risky situations that occur during construction is in everyone’s best interest, even if an additional cost is required. The owner should be warned in advance that unforeseen conditions may occur although the landscape architect tries to identify all of them in the design phase. The owner needs to understand that identifying risky situations during the construction observation phase of professional services is one of the useful services provided by the landscape architect. This service should not be viewed as a flaw in the plans but rather as an integral part of the professional design services contract. Another way for the landscape architect to mitigate risk in the relationship with the owner is to identify unpreventable risks, such as hazardous environmental conditions or acts of God, such as hurricane damage, and exclude responsibility for these from the contract for professional services. The landscape architect can ask the owner to bear the consequences of unpreventable risks if the landscape architect agrees to accept the project assignment. The risks should be clearly identified in the contract for professional services The XL Insurance Contract Guide for Design Professionals: A Risk Management Guide for Architects and Engineers, published by the XL Insurance Companies, is a very good concise resource available for dealing with the risks associated with providing professional services. This guide, available when errors and omissions (E & O) insurance is purchased from XL Insurance Companies, recommends the following ways for the professional design consultant to manage risk: ■

Minimize risk by providing more comprehensive professional services that allow the landscape architect to thoroughly address all aspects of the project. Quality-oriented clients will want comprehensive services. They will be more likely to authorize and pay for comprehensive services. Many clients have learned the hard way that it is less expensive in the long run to contract for

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comprehensive services. The landscape architect’s initial proposal should include a full scope of services, including services during construction, so that the owner will have a chance to agree to the proposed services or modify the services to conform to his or her expectations and budget. Transfer risk by obtaining professional liability insurance. Remember, however, that professional liability insurance doesn’t protect the landscape architect from risk. It mitigates the catastrophic costs of errors, omissions, or negligence claims that may be proved against the landscape architect. There will be costs, however, associated with professional liability coverage. Much of the initial cost of claims and legal defense will be paid directly by the landscape architect under the deductible provisions of the E & O policy. It is also conceivable that a claim would exceed the amount of coverage purchased by the landscape architect. All E & O policies also include disclaimers for some types of claims not covered. E & O insurance also is unlikely to compensate the landscape architect for loss of time, productivity, and revenue associated with defending a claim. The landscape architect can reduce risk by carefully selecting his or her clients. If a landscape architect is sued, most often it is the landscape architect’s client that initiates the legal claim. Careful client selection involves being on the lookout for clients with a history of claims and litigation, clients in poor financial condition, clients that don’t pay their bills, and clients that use low-bid contractors. There is a higher risk of problems when a low-bid construction contractor is used and thus a greater chance that a landscape architect may face a claim. Municipalities that typically use low-bid construction contracts also typically require $1 million or $2 million professional liability insurance coverage in the landscape architect’s contract for design services because of the history of having more claims during construction with low-bid contractors. Reduce risk by assigning project managers and project teams with the appropriate ex-

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perience, qualifications, training, and resources for the project. According to XL Insurance, “Project team capability problems are factors in nearly a quarter of all claims against design professionals.” Educate clients about their responsibility for risks within their control. Develop an agreement that requires the owner to cover a fair share of costs associated with risk and liability. The landscape architect can require clients to indemnify the professional for costs that should not be born by the landscape architect. Fair and reasonable clients are usually willing to accept fair and reasonable risk allocation. Identify potential problems that neither the landscape architect nor the owner may be able to prevent. The landscape architect can avoid significant losses by including a limitof-liability clause in the agreement with the owner. The landscape architect can identify risks that are so significant or catastrophic, such as risks associated with discovery of unanticipated toxic materials on a site, that the landscape architect is not willing to accept the risk under any circumstances. These identified risks can be excluded from the landscape architect’s responsibility by using appropriate indemnity language in the agreement with the client. The landscape architect can use the contract to close loopholes that might become traps. The landscape architect can send written correspondence to the client listing services that were offered to the client but that the client has declined. The list may exonerate the landscape architect and prevent the owner from holding the landscape architect liable for failing to perform services that were recommended but the owner decided to forgo. This action effectively transfers the liability to the owner. The landscape architect can establish conditions in the agreement with the owner intended to reduce risk that otherwise would exist by virtue of the law. Agreeing to use a more effective and less costly method than litigation for resolving disputes, such as

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mediation, is a way to reduce risks and costs. The landscape architect and client could also agree to reduce the length of a statute of limitation or they could restrict either party’s ability to sue the other for certain types of damages, such as the loss of the use of a facility, for example. The landscape architect can reduce overall risk by developing a comprehensive contract that precisely states the intent and expectations of both parties. Clear and precise agreements help prevent misunderstandings enabling a judge or jury to easily understand the rights and duties of the landscape architect as spelled out in the contract. Ambiguous contracts may make lawsuits more likely if a problem occurs because there is more leeway in developing an argument for a marginal claim (Dixon 2007).

Functional and Aesthetic Design

Every landscape architect strives to achieve a functional and aesthetically designed environment. The owner expects the project and its component parts to function appropriately for the intended use or uses and to be distinguished by the aesthetic attributes of a well-designed environment. The landscape architect has a responsibility to identify the owner’s needs during the program development phase of the project in order to meet all functional and aesthetic requirements. The landscape architect needs to place the appropriate level of emphasis on both the functional and the aesthetic development of the project. Sometimes the functional side of the project requires more weight than the aesthetic; sometimes the aesthetic requires more. Both should receive at least some attention in developing the landscape architecture project. Environmentally Sound Design

The landscape architect has a responsibility for environmentally sound site planning and design that is nonpolluting and free of hazardous materials. The very nature of landscape architecture education focuses on planning and design using environmentally sound principles and incorporating the concept of sustainability. The techniques of

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site and resource analysis taught in virtually every landscape architecture program today give the landscape architect the tools for developing environmentally sound plans, as well as maintaining an environmental ethic. Inventory and analysis of natural vegetation, habitat, climate, soil conditions, topography, slope, aspect, subsurface conditions, water resources, and other environmental components provide the basis for a plan that is environmentally sensitive. A landscape architect would not knowingly develop a plan that results in environmental pollution. The landscape architect has a responsibility to the owner to develop a plan that does not create a source of pollution and also is not affected by any known off-site sources of pollution. Some areas of the landscape architect’s responsibility are more likely to trigger pollution than others. Grading, drainage, and storm water runoff present possibilities for pollution because of sediment discharge or chemicals and metals that are carried by runoff from streets and parking areas into watercourses. In the site planning process, the landscape architect must consider the water table and presence of deep underground aquifers to avoid negatively impacting groundwater through runoff and percolation. The Federal Clean Water Act of 1972 established the National Pollutant Discharge Elimination System (NPDES), which later led to storm water pollution control and requirements for a Storm Water Pollution Prevention Plan (SWPPP) for storm water discharges from construction sites, especially as related to waters of the United States. Familiarity with the requirements for a SWPPP and preparation of SWPPP plans is an important part of professional practice today. Visual pollution is an area of regional, urban, and site planning that landscape architects are trained not only to avoid in their work but also to mitigate if it is observed as an existing environmental problem. Landscape architects also have an obligation to identify possible sources of noise pollution that could be mitigated in the planning process. Commonly associated with transportation improvements, visual and noise impacts of a freeway on adjacent land uses can be mitigated by grade changes, mounds, walls, vegetation, and other treatments that screen views of the freeway and soften or deflect sound transmission.

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Hazardous materials cause a different kind of problem for the landscape architect. Hazardous materials are being discovered at alarming rates in locations where they are not anticipated. Landscape architects work on large sites that may be affected by transmission of hazardous chemicals in the groundwater resources. Landscape architects work on urban sites where hazardous materials such as asbestos may have been used in past construction or chemicals such as TCE may be present in the existing soil matrix. In waterfront projects, hazardous materials or heavy metals may be evident in the water resource. The discovery of unanticipated hazardous materials can result in substantial exposure to risk and liability for the landscape architect. Adding to the element of risk is the fact that professional liability insurance companies generally do not insure damages caused by exposure to hazardous materials. If discovery of hazardous materials is anticipated on a project, the landscape architect should have contractual protection, such as indemnification, to prevent a significant loss. If subsurface hazardous material is suspected or encountered, the landscape architect should notify the owner immediately and recommend the services of a geotechnical consultant. The owner needs to know that immediate measures may be necessary to protect human health and safety. The landscape architect should enjoy a relationship with the owner that allows the professional the freedom to act with impunity and to take necessary measures to protect the public health and safety. The landscape architect needs to feel comfortable that the owner will compensate the consultant for actions taken. Geotechnical experts are in a position to identify the hazardous condition, notify the appropriate environmental regulatory agencies, and develop a mitigation plan. The owner should make decisions about hazardous materials based on the best advice available from the landscape architect, geotechnical consultant, and other experts. Regardless of the relationship between a landscape architect and owner, the contract should contain a clause that covers discovery of hazardous materials. Budgets

The landscape architect is obligated to design a project that can be built within the owner’s budget.

There are few instances where a landscape architect is given carte blanche and is able to design a project with an unlimited budget. In most cases, particularly in the case of public works projects, the owner sets a budget and the landscape architect is expected to fashion a plan that conforms to the available funds. There are times when—no matter how diligent the efforts of the landscape architect—he or she cannot match the design work to the budgeted construction funds. When the budget is just impossible to meet, the landscape architect may have to notify the owner and discuss a reduction in the project or request that the budget be increased. There are also times when the landscape architect can meet the budget but may wish to present an alternative solution that is more expensive because he or she feels the alternative will better meet the owner’s needs. If the solution is superior, the landscape architect may petition the owner to consider increasing the construction funding. When I first started out as a private practitioner, I found that matching the design plan to the available construction budget was one of the most difficult tasks to achieve in my consulting design practice. Almost always, the owner’s needs and desires did not match his or her pocketbook. I would design what I thought I heard the owner say he or she wanted, only to find that my estimate of probable construction costs was higher than the available construction funds. To my dismay, costcutting measures often impacted the design so much that I ended up not liking what was constructed because of the compromises that were made. I found that taking the time to review the program and verify that the budget was adequate was a good way to avoid disappointment later on. At the start of each project, my firm now regularly includes a budget verification task that emphasizes developing a realistic design program matched more closely with the owner’s available construction funds. This budget verification step in the design process has resulted in design plans that more accurately reflect the construction budget. The gut-wrenching process of cutting elements from the plan or reducing the quality, amount, or size of materials to bring the design in line with the budget is avoided. Both the owner and my design firm have a comfort level that what we have designed can be constructed within the budget.

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Confidentiality

Owners expect and often require confidentiality in relationships with landscape architects. They expect the professional not to disclose any information whatsoever about their intent. The landscape architect is not permitted to discuss any data, conclusions, or results of the planning and design services without permission from the owner. Problems can arise when confidentiality on behalf of the owner conflicts with existing laws, particularly those relating to environmental protection, pollution, and hazardous materials. If the landscape architect upholds the owner’s desire for confidentiality, the law may be violated. The landscape architect also has a fundamental responsibility to protect the health, safety, and welfare of the general public. If underground hazardous material is discovered, and requirements for confidentiality compromise the landscape architect’s legal responsibility, he or she should seek legal advice. The landscape architect must approach the owner and recommend that the issue be dealt with above board, legally, and with the highest degree of integrity. The landscape architect can work with the owner to resolve the problem if all parties concerned with the issues meet the intent of environmental laws. In the worst case, confidentiality could be construed as a cover-up. If the issues are not dealt with above board, the landscape architect must have a paper trail that proves that he or she acted in accordance with the law. When the owner insists on confidentiality and requires a confidentiality clause in the contract between the landscape architect and the owner, the landscape architect has the opportunity to clarify confidentiality issues. The landscape architect can stipulate in the agreement for professional services that confidentiality does not apply if complying with orders from courts or requirements of government agencies. The landscape architect also wants to retain the right to communicate freely with professional staff in the firm and subconsultants concerning project information. Quality Control

The landscape architect is responsible for controlling the quality of workmanship and accuracy of the plans, drawings, specifications, reports, and all other instruments of service prepared under the

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terms of the agreement with the owner. The owner expects quality control. Landscape architecture firms should have quality-assurance programs in place. Many firms develop quality-control manuals and written procedures. Some clients, such as public agencies, request that the written procedures be submitted with the landscape architect’s proposal and require the written procedures to be included as part of the terms of the contract. Quality-assurance/qualitycontrol (QA/QC) programs include the following elements: ■

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Check all documents before they leave the office. Designate a single point of contact with the owner. Involve all of the necessary professional disciplines and follow all legal requirements of the state board of technical registration. Require that a responsible member of the firm check all documents and that a second responsible member of the firm check them again (back check) before they are stamped. Establish a clear chain of command for each project. Require that all staff working on the project share in the responsibility for quality control. Involve the owner in reviewing and checking the documents. Employ a checklist to see that all documents meet applicable codes, ordinances, and laws. Utilize a peer review process for complex projects.

Some owners may want the landscape architect to develop and adhere to quality-control measures that are explicitly included in the contract for professional services for that specific project. Owners that require these project-specific quality-control procedures may even dictate that the QA/QC standards and procedures be submitted for review and approval by the owner. While project-specific QA/QC procedures may seem reasonable to the owner, they could put the landscape architect in a risky position. The problem with stipulating to a set of projectspecific QA/QC measures is that the landscape architect may be agreeing to a higher standard of care

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than that by which landscape architecture performance is typically judged. In the event of a claim by the owner, it is not too difficult for the owner’s attorney to demonstrate a small departure from the QA/QC procedures prepared by the landscape architect and thus argue that the landscape architect was negligent. According to The XL Insurance Contract Guide for Design Professionals: A Risk Management Guide for Architects and Engineers mentioned earlier:

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No one objects to the need for well-defined quality control procedures. Most design and consulting firms already have such programs in effect if they want to remain competitive and reduce claims. Your office may have written quality control manuals that you and your staff refer to continually. But such procedures—even if they were developed in-house—are generally written to fit all kinds of situations. They are intended as guidelines, examples of how you might approach a given situation. It makes little sense to try to impose by contract inflexible rules and procedures on what is, in truth, a creative process. Each project you undertake is unique. You cannot know, when you begin an assignment, what difficulties you will face or what decisions you will have to make. You might follow the guidelines to the letter 99 percent of the time, but ultimately, you must rely on your professional judgment to make the right decisions. You must retain the prerogative to depart from “standard operating procedures” and to do what your professional expertise tells you is best for your client and to protect the health and safety of the public.” (Dixon 2007, 379)

Excluding written quality-control procedures from the contract, however, is the best approach to a client’s request for the landscape architect to develop and adhere to quality-control measures explicitly included in the contract for professional services for a specific project. The landscape architect can explain to the owner that as a practicing professional he or she is already obligated to provide high-quality services consistent with the standard of care practiced by other com-

petent licensed landscape architects. The law requires it. You rely on professional skill and training to execute the professional services to the best of your ability. If specific quality-control measures are written into the agreement, binding the landscape architect to use them, they may not fit the needs of the project as it unfolds. The procedures should be included only if contractual provisions allow the landscape architect to use professional judgment in the application of the procedures and to adjust the procedures if the project requires other quality-control measures that are more appropriate. The landscape architect is retained by the client to be a professional advisor. The landscape architect is licensed to protect the health and safety of the general public. To fulfill these obligations, the landscape architect must be able to rely on professional judgment and experience. It is not appropriate for the landscape architect to be bound by an uncompromising set of project-specific QC rules. (Dixon 2007). Timeliness

Owners expect landscape architects to render their services in a timely manner. A project schedule is often one of the first documents produced by a landscape architect after a contract for professional services is signed. Meeting the schedule is important. Timeliness may become one of the yardsticks by which the owner measures the landscape architect’s professional services. When the schedule becomes a part of the actual agreement between the landscape architect and the owner, the schedule must include provisions that relieve the landscape architect from schedule delays not under the landscape architect’s control. Delays caused by the owner, government agencies, or private reviewing agents such as design professionals who review plans for conformance with CC&Rs, can and should be excluded from the landscape architect’s responsibility. Timeliness is important to the landscape architect as well as to the owner. The professional’s fees are normally based on an estimated amount of time that will be required to perform the services. If delays are caused by the owner or by reviewing agencies, or even by the landscape architect, the project will continue longer than anticipated. The

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firm will spend additional time on the project than was originally scoped and the firm will lose money. Arrangements with the owner and contractual language should allow the landscape architect to recoup any additional fees that result from delays that are out of the consultant’s control.

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Standard of Care

In the landscape architect/owner relationship, the doctrine of standard of care creates an important legal foundation if the issue of negligence should arise. Owners may interpret standard of care to mean perfection, and they may expect perfection from the landscape architect. The professional’s documents, for instance, could be expected to be perfect in every respect. What is actually expected of a landscape architect, however, is that he or she provides professional services consistent with the ordinary level of skill and care practiced by other reasonably competent landscape architects under similar circumstances taking into consideration the state of the art of the profession and geographic idiosyncrasies. The legal test for standard of care, according to The XL Insurance Contract Guide for Design Professionals: A Risk Management Guide for Architects and Engineers, dates from English Common Law doctrine, which holds that the public has the right to these expectations: The design professional’s services are rendered in a reasonably careful and prudent manner as tested or promulgated by the actions of their peers under similar given circumstances. Although landscape architects strive for perfection in their work, perfection is impossible to achieve. In reality, the perfect set of plans has never been produced. The perfect sequence of professional decisions has yet to have been made. Nowhere, for example, in the English Common Law doctrine is there any mention of perfection. Being perfect is not required of landscape architects. What is required is whether the landscape architect’s actions are reasonable, normal, and prudent under the specific circumstances. In order to set realistic expectations with the owner, the landscape architect can take the following steps and even make contractual provisions that take the following into account:

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Inform the client that services will be provided and plans will be prepared in the best professional manner consistent with the standard of care. Insist that the owner have realistic expectations of the professional services. Prepare promotional literature that accurately portrays the landscape architect’s capabilities. Offer to correct deficient services or any defective instruments of professional services at no additional cost to the owner. Define the standard of care in the agreement with the owner. Make the definition realistic and don’t expand it beyond the expected level of the standard of care exercised by landscape architects practicing under similar circumstances. Don’t include any warranty-like language in the contract. Ask the owner to agree in the contract between the owner and the contractor to a contingency fund that covers costs that may occur because of discrepancies or omissions in the construction documents. Ask the owner to include language in the agreement between the owner and the contractor that sets reasonable expectations of the landscape architect for both the owner and the contractor. Make it clear that the instruments of service, the construction documents, may include discrepancies, conflicts, errors, omissions or other slight imperfections. Create a remedy for these by including a design contingency fund in the contract between the owner and the landscape architect, similar to the construction contingency fund established in the contract between the owner and the contractor, to cover the costs that may result from discrepancies, conflicts, errors, omissions or other slight imperfections that may occur in the landscape architect’s construction documents (Dixon 2007).

Warranties

Owners may expect the landscape architect to guarantee the professional services. Owners may even expect the landscape architect to guarantee or

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certify that a project has been constructed exactly according to the construction documents. In the first case, the landscape architect can agree to perform professional services consistent with the standard of care and make corrections at no additional cost to the owner if the services are found to be defective. In the second case, the landscape architect can not realistically guarantee or certify that a project has been constructed in strict accordance with the plans. The landscape architect is simply not able to know if the contractor has built every detail of the project in conformance with the plans. During the construction services phase of the work, the landscape architect may be engaged to provide construction observation services. The consultant can certify that the construction site was visited at specific dates and times and that certain observations were made. The landscape architect can report on the placement of bedding material, for example, in the sections of irrigation line observed on a specific visit to the site. The landscape architect cannot, however, certify that all of the bedding material was placed in all of the irrigation trenches exactly as shown on the plans unless he or she were there observing every linear foot of pipe installation. By certifying or warranting that construction of the irrigation line was carried out in conformance with the plans, the landscape architect would be assuming liability beyond the standard of care and assuming liability that actually belongs to the contractor. The following suggestions are offered to avoid establishing a relationship with the owner where the landscape architect warrants, certifies, or guarantees anything except adhering to the standard of care practiced by the profession: ■

Explain the concept of standard of care and avoid establishing a relationship or contractual agreement that expands professional liability by warranties, guarantees, or certifications. Cite the standard of care in the contract between the owner and the landscape architect. Include a paragraph in the contract such as the following: “In providing services under this agreement, the Consultant shall perform in a manner consistent with that degree of care and skill ordinarily exercised by members of the same profession

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currently practicing under similar circumstances at the same time and in the same or similar locality.” (Dixon 2007, 430) If the owner insists on inappropriate warranties or certification, consider walking away from the project and not engaging a contract with inappropriate language. Add language to the agreement that prevents the owner from requiring warranties or certifications. Tell the owner that warranties or certifications may nullify the firm’s professional liability insurance coverage. Be willing to accept the owner’s expectations that you can certify facts that you observe to be true about the construction of the project. Insist on services during construction when scoping the project and negotiating a contract with the owner.

Documentation and Record Keeping

The owner has a right to expect that the landscape architect will keep accurate and thorough records of the design documents, correspondence, and electronic files related to the work. Landscape architecture firms commonly interpret the length of time for keeping documents as the duration of the statute of limitations. The statute of limitations is a specified length of time in which a person can bring a lawsuit, and varies from state to state. Many states have different statutes of limitations for written contracts and oral contracts. Consulting the landscape architecture firm’s attorney will provide helpful direction in determining the appropriate length of time for keeping documents related to the statute of limitations law of the state. Some landscape architecture firms keep documents indefinitely or forever, providing a useful archive of the firm’s project history. The archive is a helpful resource for developing promotional information about the firm. Another good reason to keep documents is that owners often need followup work on their projects or additional services well after completion of a project. If documents are available, the landscape architecture firm will be able to get a head start on responding to the owner’s follow-up needs. When a project involves a number of phases of development over many years,

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the firm will need to keep documents for an indefinite period of time. Capability

Owners expect landscape architects to be able to do what they say they can do. Landscape architecture firms should steer clear of inflating their promotional literature to give the impression that the firm can do more than it has actually been responsible for. Sometimes landscape architects in a firm consider submitting a proposal for a project that may be stretching the firm’s capability. Trying to advance the professional capability of a firm is a good idea. Creating opportunity to challenge the firm’s professionals is one of the motivations of private practice. In such situations, the design professionals need to develop a detailed proposal that identifies how those tasks that they may not have had direct experience with before will be accomplished. Involving the necessary subconsultants is typically a part of the proposal. With a clear understanding of how to go about providing a service level not previously engaged, the firm is on stable ground with the owner. The landscape architects may want to make the owner aware, however, that they will be providing the specific services or the expanded service level for the first time. The landscape architect also has a responsibility to the owner to provide services that fall within the area of professional responsibility governed by technical registration laws. These laws allow the landscape architect to provide a broader range of professional design services, such as engineering and architecture, by serving as a prime consultant and subcontracting the services of architecture and engineering firms. Sealing the Work

One of the landscape architect’s responsibilities is sealing the drawings, specifications, reports, and other products of the professional’s service to the owner. State registration laws require stamping of construction documents and reports by a licensed professional. Failure to stamp the instruments of service is breaking the law and can result in censure, fines, and the loss of the license to practice. By stamping the plans, the landscape architect is legally confirming that he or she prepared the plans or that they were prepared under the direct supervision

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of the landscape architect. The sealed drawings are part of the owner’s insurance that the work has been carried out by a technically competent professional.

The Owner’s Responsibilities in the Landscape Architect/Owner Relationship Information

With the exception of paying the landscape architect for the professional services, the most important responsibility of the owner in the landscape architect/owner relationship is providing information regarding the requirements of the project. The owner must provide the landscape architect with a design program, or a set of planning goals and objectives, or at least some direction about what the owner expects of the landscape architect. Without a program or direction from the client, the landscape architect has no way to approach the project. If the owner does not have a program, the landscape architect’s first task is to work with the owner to generate a program and set the direction for the project. In addition to a design program, the owner has a responsibility to provide the practitioner with other information pertinent to the professional services. The landscape architect needs to know the owner’s schedule. The design professional needs to be aware of any constraints, hidden agendas, and what the owner definitely does not like or want. The owner must transmit any site-specific criteria that will influence the way the landscape architect develops the site plan or designs the elements of the plan. The owner must let the landscape architect know if there is a need for special equipment, flexibility, multiple use, or expandability in the plan. The owner must clearly communicate his or her functional and aesthetic requirements to the consultant. The landscape architect will have great difficulty working for an owner who is reluctant to provide the information necessary for the practitioner to carry out the professional services. Sometimes an owner will give out enough information for the professional to develop a preliminary plan and then reveal more information during the process of reviewing the plan. If the owner reveals information to the

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professional in limited amounts at each stage of the design process, the landscape architect will have to spend more time than anticipated developing a satisfactory plan and, more than likely, lose money on the project. Landscape architects must inform owners of their obligation to provide information. The success of the project is directly dependent on the information the professional receives.

successfully developing a site plan. Without accurate information, components of the site plan might be located off the property, utilities that need to remain accessible might be paved over, zoning boundary mistakes might occur, an on-site sewer line might not match the invert of an off-site sewer line, or any number of other disastrous mistakes can occur.

Budget and Finance Information

Geotechnical and Consultant Services

The owner has a responsibility to provide the landscape architect with a budget for the project, including construction costs and any other budget-related costs. The owner should provide evidence that he or she has funding to pay for the professional services and to build the project if it is a construction-type project or implement the plan if it is a planning project. The landscape architect needs to ensure that the owner is able to fulfill the payment obligations of the design services contract and has a vested interest in seeing the labor of the landscape architect’s efforts actually come to fruition.

The owner is responsible for providing the services of a geotechnical engineer, either directly or at the request of the landscape architect. The services of a geotechnical consultant are recommended on virtually every project that includes the development of site improvements such as structures, pads, pavements, and walls, especially retaining walls. The geotechnical analysis will provide specific recommendations for the depth of footings, sub grade preparation, and provisions for handling subsurface water. The structural engineer will need the geotechnical consultant’s report to carry out the structural calculations for each specific project. Geotechnical services may include, but are not limited to, soil testing, subgrade analysis, percolation analysis, fertility analysis, chemical analysis, determination of soil-bearing capacity, soil corrosion analysis, discovery of hazardous materials, and professional recommendations regarding the soil conditions related to the site improvements, land uses, and the capability of implementing the development program for a specific site. In addition to geotechnical services, the owner is obligated to furnish the services of other consultants that may be necessary. In many cases, such as public works projects, the services of subconsultants, including structural, electrical, mechanical, civil, and environmental engineers, are required by law. In private projects, the need for subconsultants is guided by the complexity of the project, professional judgment, liability consequences, and health, safety, and welfare concerns. An uncomplicated residential project may not require a civil engineer to assist the landscape architect with grading and drainage requirements, nor would this type of project necessarily require an electrical engineer for lighting design. A complex project, such as an amusement park, may require a wide range of consulting engineers and specialists.

Designated Representative

The owner has an obligation to designate a representative authorized to act on behalf of the owner if the owner is not the professional’s direct contact. The designated representative should have the authority to make decisions and legally bind the owner. When working with a corporation, the representative should be an officer of the corporation whenever possible. If the landscape architect has any doubt about the authority of the owner’s designated representative, the professional can ask the owner to specify in writing which agent or agents are authorized to act on the owner’s behalf and legally bind the owner. Surveys and Legal Information

In the landscape architect/owner relationship, the owner is obligated to furnish a survey and legal description of the project site, usually submitted to the landscape architect in the form of a boundary and topographic survey. The survey also includes accurate information on the location of utilities and other site culture. The landscape architect frequently arranges for the survey to be carried out by a registered surveyor working as a subconsultant. A survey and legal description are vital to

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The owner may be more inclined to agree with the landscape architect’s request for engineering and specialty consultants if the landscape architect identifies the need for their services during initial discussions and if the landscape architect presents the scope and cost of the consultants’ work in the proposal phase of the project. Owners are more likely to balk when the need for engineering or specialty consultants is identified during the course of the project. The landscape architect has the right to request the services of the needed consultants, nevertheless, and should usually not proceed with the work until the owner approves the request. Accounting and legal services may also be needed for a landscape architecture project. Accounting services may come into play in relation to audits of the contractor’s applications for payment and payment of subcontractors. Legal services are necessary in many ways, including drafting of CC&Rs, recording of an easement, or applying for a rezoning. The important thing to remember is that the landscape architect strives to provide the best possible services to the owner while maintaining the health, safety, and welfare of the general public. When the best professional judgment of the landscape architect indicates that a consultant is needed, there should never be a question about approaching the owner to request involving the necessary consultant. Suspension or Abandonment

The owner should notify the landscape architect in writing or by other, electronic methods as soon as possible and at least within seven days if the project is to be suspended or abandoned. The owner has a responsibility to compensate the landscape architect for services performed prior to the notice of suspension or abandonment. If the project is suspended and resumed, the owner should compensate the landscape architect for expenses incurred during the interruption and for the costs of gearing up and starting work again. If the owner abandons the project, the landscape architect may want to request reimbursement for services and costs associated with terminating work on the project.

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Landscape Architect/Allied Professional Relationship Expectations in the Landscape Architect/Allied Professional Relationship As with landscape architects and owners, a rewarding relationship between professionals ensues when the professionals identify expectations up front and work to satisfy them throughout the course of a project. Many of the owner’s expectations and responsibilities discussed earlier apply to an allied professional when the landscape architect serves as a consultant to the allied professional. Conversely, they apply to the landscape architect when the landscape architect is the prime consultant. Because the professional relationship between the landscape architect and an allied professional depends upon which professional is the prime consultant, the following section discusses expectations and responsibilities first when the allied professional is the prime consultant and second when the allied professional is a subconsultant to the landscape architect.

Expectations of Allied Professionals as Prime Consultant By the very fact that the allied professional has engaged the landscape architect as a subconsultant, the architect or engineer has determined that the landscape architect has technical capability important to the success of the project. The allied professional expects the landscape architect to perform the services accurately and competently. In representing themselves, landscape architects should be careful not to enlarge their professional capability; they should offer services that adhere to the standard of practice ordinarily expected of members of the landscape architecture profession currently practicing in the same geographic region under similar conditions. Allied professionals, such as a civil engineer, architect, or planner, serving as the prime consultant on a project also expect the landscape

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architect serving as a subconsultant to adhere to lines of communication set up with the owner and the other subconsultants working on the project. The allied professional does not want information to be incorrectly communicated to the owner, nor does the allied professional want the landscape architect to present a plan that has not been reviewed by the allied professional. To effectively manage the project, the allied professional needs to know that everything being communicated with the owner and with other consultants is filtered through the allied professional. The allied professional expects the landscape architect to keep all of the information about the project confidential until that information is made public by the owner. The allied professional should not, however, expect the landscape architect to withhold information from government agencies when the landscape architect and the allied professional have a public responsibility to report the discovery of hazardous materials or other environmental contaminants regulated by the government. The allied professional must accept the landscape architect’s responsibility to preserve the health, safety, and welfare of the general public. The allied professional has the right, however, to expect to be notified by the landscape architect in order to coordinate with the owner before notifying a public agency. The allied professional serving as the prime consultant expects the landscape architect to be punctual in meeting due dates established for the project. Missing a due date is likely to irritate the allied professional and cause stress on the relationship between the landscape architect and the architect or engineer. Meeting due dates is a vital part of maintaining the allied professional as an ongoing client. Last, allied professionals expect the landscape architect to make recommendations for surveying, testing, or providing other data necessary for successfully completing the project in the eyes of the landscape architect. The allied professional relies on the landscape architect to bring up and deal with information needs in the course of the project. The allied professional may be angry at the landscape architect if a problem occurs during construction, for example, and the problem could have been avoided if the landscape architect had alerted the archi-

tect or engineer earlier in the design process. A landscape architect should never hesitate to recommend any type of testing or data that may avert problems, particularly construction problems. The allied professional serving as prime consultant may also expect the landscape architect to be aware of the project as a whole as it unfolds in the design process and to anticipate the need for landscape architectural input where the prime consultant may fail to recognize the need.

Expectations of Allied Professionals as Subconsultant When the landscape architect serves as the prime consultant, allied professionals have different expectations. First and foremost, the allied professional expects to be paid by the landscape architect. Second, the allied professional expects the landscape architect to communicate in full the needs of the owner and the requirements of the project the allied professional will be responsible for. The architect or engineer also expects the landscape architect to appoint a representative of the firm to serve as a direct point of communication with the allied professional.

Budgets and Design Sensitivity When the allied professional is the prime consultant, he or she expects the landscape architect to design to the budget. When the architect or engineer is a subconsultant working at the direction of the landscape architect, the allied professional is expected to design to the budget. In either case, if the budget is so low that the public health, safety, or welfare may be threatened, the consultant is obligated to notify the client. When the landscape architect is working as a subconsultant to an allied professional, and the landscape architect considers the landscape budget inadequate for the allied professional’s acceptable level of design quality, the landscape architect should notify the allied professional. The landscape architect should strive for a level of design quality commensurate with the level of quality that the architect or engineer is trying

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to achieve. The landscape architect should also see that the allied professional’s budget is adequate to achieve the desired level of design quality.

Working with an Architect Landscape architects work with architects more than any other professional discipline. Because architects are design professionals, they expect the landscape architect to be design conscious, too. Likewise, the landscape architect expects the architect to bring creativity to the design of the project. Under most conditions, pairing the landscape architect with the architect results in a better project, one with a higher design quality because of the synergy that can occur. For example, a building is likely to be located sympathetically on the site and be enhanced by the site features and topography. The designed features of building, hardscape, and softscape combine to create a project that is visually appealing as a whole. In the worst case, the input of one of the professionals outweighs the other, and the dominance is evident in the visual appearance of the project. In working with an architect, either as a prime consultant or subconsultant, I have found that complementing or supplementing the building results in a solution appreciated by the architect. During the site-planning process, carefully locating the structure to blend naturally with the site and minimize grading usually complements the architecture. Accentuating the physical attributes of the site by incorporating them into the architectural solution also complements the architecture. Using materials that are the same as, similar to, or that enhance the building materials is likely to complement the architecture. I have never found a reason to compete with the architecture and have always sought to achieve a blending of site and structure. When I have shown a desire to work with the architect, a good relationship almost always results.

Working with a Civil Engineer After architects, landscape architects work the most with civil engineers. Civil engineers are technically oriented and tend to expect the landscape archi-

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tect’s involvement in a project to be technically sound. Generally, civil engineers also appreciate the softening or “greening” that landscape architects can bring to a project. When the landscape architect is the prime consultant, the civil engineer is engaged for specific technical expertise often related to designing utility or drainage improvements and horizontal or vertical control. When the civil engineer is the prime, the landscape architect is frequently involved to mitigate the impacts of grading operations, drainage improvements such as regional retention basins, or utility construction, such as the location and construction of power line corridors. Many excellent public works projects have benefited by involving landscape architects to mitigate environmental impacts and beautify the civil-engineering improvements. Likewise, landscape projects often need the technical input of a civil engineer to be safe and sound. The civil engineers I have worked with have appreciated the landscape architectural input in projects. From hardscape and landscape improvements that beautify a transportation project to landscape recovery plans intended to mitigate the destruction of natural environments, the landscape architect’s expertise can be a valuable resource when coordinated with the civil engineer’s expertise.

The Landscape Architect’s Responsibilities in the Landscape Architect/Allied Professional Relationship Allied Professional as Prime Consultant

When the landscape architect serves as a subconsultant to an allied professional, the landscape architect has responsibilities similar to those he or she has when serving the owner. The landscape architect has a responsibility to complete the scope of services in a timely manner and to meet the schedule set by the allied professional. The landscape architect must comply with codes, ordinances, and laws. The design plans should result in a safe project that minimizes risks to the health, safety, and welfare of the users. The landscape architect is responsible for avoiding unreasonable risk to others and completing the work with the standard of care ordinarily

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practiced by other landscape architects. The landscape architect’s work should be aesthetic, functional, and environmentally sound. The landscape architect is responsible for quality control and the accuracy of plans, drawings, specifications, reports, and other instruments of service. In addition, the allied professional expects the landscape architect to guarantee the workmanship in the preparation of the instruments of service and to seal the instruments of service upon final delivery to the allied professional. The allied professional also expects the landscape architect to keep proper records of the work for at least the duration of the statute of limitations. Landscape Architect as Prime Consultant

Allied professionals expect the landscape architect to pay for the subconsulting services and to provide the information needed to carry out the services. The landscape architect is responsible for providing budget information, surveys, legal descriptions, geotechnical data, tests, and the services of subconsultants that may be needed by the allied professional. The landscape architect must designate a contact person, normally a principal or project manager of the landscape architecture firm, to serve as a point of contact with the allied professional. Last, the landscape architect must notify the allied professional if the owner has suspended work on the project or abandoned it.

Landscape Architect/ Contractor Relationship Expectations in the Landscape Architect/Contractor Relationship In dealing with the contractor, the landscape architect serves as the owner’s agent and may have the authority to act on behalf of the owner. The consequences of the landscape architect’s actions, whether or not the owner agrees with the actions, are still the responsibility of the owner. The contractor has expectations of both the landscape architect and the owner while executing the contract for construction.

The landscape architect/contractor relationship also depends on the type of project delivery method. Today, there are at least four project delivery methods commonly used: ■ ■ ■ ■

Design and negotiated construction contract Design-bid-build Construction manager at risk (CM@R) Job order contracting (JOC)

The design and negotiated construction contract method of project delivery has been used literally for centuries. It is perhaps the oldest and most commonly used method of project delivery, whereby an owner hires a design professional to design a project and prepare construction documents. The plans are then used to negotiate directly with a preferred contractor. Because both the designer and the contractor are favored by the owner, the relationship between the landscape architect and the contractor tends to be on equal terms and mutually supportive. The design-bid-build method of project delivery also has been used for a long time. Since this method usually involves the owner accepting the lowest bid from two or more contractors that bid on the consultant’s construction documents, it can also result in more friction between the landscape architect functioning as the owner’s representative and the low bidder. By its nature, this method of project delivery tends to be the most adversarial and requires that the landscape architect typically act as watchdog over the contractor to observe that the construction conforms to the plans. The CM@R method of project delivery involves the contractor early in the design development process in more of a partnering approach from the start and, thus, can result in a give-and-take relationship between the landscape architect and the contractor. The landscape architect and the contractor work together and fashion a project that meets the owner’s budget and development goals. The CM@R gives the owner a guaranteed maximum price based on soliciting cost proposals from subcontractors. Because the construction manager is hired directly by the owner to work alongside the design team, there tends to be a loyalty to the owner and an incentive to cooperate with the design consultant. Transparency is enhanced in the CM@R method of project

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delivery because costs and fees are out in the open. The owner, the construction manager, and the consultant work together with the aim of delivering the project that the owner desires at the available construction budget, while adversarial relationships are diminished. Job order contracting is another method of delivering projects commonly used by municipal, county, and state agencies, in fact, at all levels of government. It is basically the same as the design and negotiated construction contract. In this scenario, a city, for example, hires a contractor, usually in a competitive, qualifications-based selection process, to be on call for work orders that are issued against a master contract, often renewable for a number of years. The contractor assembles the necessary subcontractors and gives the owner a price for the work based on the landscape architect’s construction documents. Because the construction contract is not based on a low bid process, but on qualifications of the contractor already established, there also tends to be a less adversarial relationship between consultant and contractor with this method of project delivery. This method even may combine some of the elements of the CM@R method. Since the contractor may be on board while the design consultant is developing the plans, the contractor can also be brought into the design and costing process much as in the CM@R process.

landscape architect’s facilitating the administration of the construction contract:

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Contractor’s Expectations In the landscape architect/contractor relationship, the contractor expects the landscape architect’s construction documents to be accurate, thorough, and complete. The contractor also expects the landscape architect to provide clarification of the construction documents at the request of the contractor. The requests typically come in the form of an RFI—a Request for Information. The landscape architect has a responsibility to visit the site on a regular basis, while carrying out construction administration services on behalf of the owner and to keep the owner informed of the progress of construction. The contractor expects the landscape architect to be fair and responsive, while carrying out the construction administration services. The contractor has the following expectations related to the

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The landscape architect will communicate the contractor’s concerns to the owner. Communication with the landscape architect’s subconsultants will be through the landscape architect. Communication with the contractor’s subcontractors will be through the contractor. The landscape architect will review and approve the contractor’s applications for payment. The landscape architect will review and approve the contractor’s submittals required by the contract documents, including shop drawings, product information, and samples. The contractor expects the landscape architect’s review of submittals to be carried out in a timely manner, causing no delay in the work. The landscape architect will prepare and submit approved change orders to the owner. The landscape architect will inspect the completed project to determine the dates of completion or substantial completion, and submit to the owner the contractor’s request for final payment. The landscape architect will interpret questions of the contractor’s performance at the request of the contractor or the owner. The landscape architect will interpret and act on disputes or claims made by the contractor or the owner, including claims for unknown subsurface conditions, where an adjustment is requested for payment or for a time extension. If the landscape architect’s decision cannot resolve such claims, he or she may recommend legal methods of dispute resolution, including mediation, arbitration, and litigation. The contractor expects the landscape architect to review and approve minor changes in the work that do not change the intent of the design and do not involve adjustments to the contract sum or time but that may facilitate the contractor’s work on the project.

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The contractor expects the landscape architect to be fair in reviewing completed work that doesn’t conform to the construction documents but that may be acceptable to the landscape architect or the owner. The location of construction score joints in a concrete plaza, where the joints vary somewhat from the joints shown on the plans, is an example of completed work that a contractor may appeal for the landscape architect to accept. The contractor may expect the landscape architect to accept the work instead of requiring removal and replacement of the completed work based on strict compliance with the construction documents.

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Landscape Architect’s Expectations The landscape architect expects the contractor to respect the established lines of communication keeping the landscape architect in the loop when communicating with the owner. The landscape architect’s expectations include forming a productive, cooperative, and nonadversarial relationship with the contractor. The landscape architect expects the contractor to protect the safety of persons and property at the job site. The landscape architect has the following expectations related to the landscape architect’s facilitating the administration of the construction contract: ■

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The landscape architect expects the contractor to build the project according to the plans and specifications. The landscape architect expects the contractor to provide all of the labor and materials, obtain, and pay for permits and fees, pay taxes, and provide insurance coverage required for carrying out the construction of the project. The landscape architect expects the contractor to review the construction documents and the field conditions and report to the landscape architect any discrepancies, errors, or omissions. The landscape architect expects the contractor to employ a competent job superintendent, who will be on the job site for the du-

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ration of the construction project. Changing the superintendent midstream may have negative consequences on the construction project. The contractor must maintain safety on the job site. The contractor must submit to the owner and the landscape architect a construction schedule before commencing work on the project. The contractor must maintain a copy of the construction documents on the site and make as-built changes on them. The landscape architect expects the contractor to submit shop drawings, product data, and samples with adequate time for review. The landscape architect expects his or her review of the contractor’s submittals to be limited to checking for conformance with the construction documents and the intent of the design. The landscape architect has the authority to reject work that does not conform to the construction documents and expects the contractor to remedy the rejected work. The landscape architect expects the contractor to fix any damage caused by construction activities, usually at no additional cost to the owner. The landscape architect expects the contractor to keep the job site clean and to clean up the site after completing the work. The contractor must provide the landscape architect and the owner access to the work at all times while the work is in progress. The landscape architect expects the contractor to follow the same lines of communication expected of the landscape architect. The landscape architect expects the contractor to submit cost proposals for change orders in a timely fashion. The landscape architect expects the contractor to submit requests for payment in a timely fashion. The contractor must notify the landscape architect immediately if the contractor encounters hazardous materials on the site. The landscape architect expects the contractor to observe all government regulations

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related to hiring practices while carrying out the construction activities. The landscape architect expects the contractor to have a plan for emergencies that may conceivably occur during construction. The landscape architect expects the contractor to uncover work that the landscape architect has requested to review prior to backfilling. If the landscape architect rejects the work, the contractor must remedy the work in conformance with the construction documents. The contractor will pay the cost of uncovering work. The landscape architect expects the contractor to carry out materials testing during construction and coordinate with authorities for inspections required by government agencies.

Working with the Contractor Developing forms used during construction administration is one way that landscape architects can enhance the working relationship with the contractor. Computerized forms for submittal reviews, field reports, and meeting summaries allow the landscape architect to expedite construction administration work. Email transmittal of these documents ensures timely communication. Contractors usually appreciate quick turnaround of submittal reviews and timely notification of issues that are written up in field reports. When the landscape architect completes reports in a timely manner, the contractor develops admiration and respect for the consultant. A regular meeting at the job site, at least once per week, is another way to develop a good working relationship with the contractor. The regular meeting can be attended by the landscape architect, the superintendent, subcontractors whose work is going on at the time, and the owner or owner’s representative. The regular meeting fosters communication and serves as a vehicle for following the progress of the construction. A written summary of the weekly meeting emailed to all participants is an excellent way to make project progress reports to the owner. Giving proper consideration to the contractor’s proposals for changes that save the owner money is

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another way to develop trust in the relationship with the contractor. The landscape architect’s approval will serve to involve the contractor in a meaningful way, as long as the proposals do not compromise the integrity of the design or the health, safety, and welfare of the users. Last, if a problem occurs with respect to an error, omission, or because of faulty construction, the landscape architect can act as a leader and work toward resolving the problem without pointing fingers or acting disgruntled, even if the fault may be his or hers. To the owner, completing the project is usually paramount, and completing the project should be the focus of the landscape architect and the contractor. The resolution of fault will be determined later by the dispute resolution methods set in place in the contract for construction between the owner and the consultant.

Landscape Architect/ General Public Relationship Expectations in the Landscape Architect/General Public Relationship The relationship between the landscape architect and the public is veiled when compared to the clear relationship that develops, aided by contracts, between a landscape architect and the owner, allied professionals, or the contractor. For the landscape architect, the term general public refers to all of those people who may use the project designed by the professional or who in some way may be affected by it. In a larger sense, the general public means all of civilization relative to the stewardship ethic professed by landscape architects. A landscape architect’s vow to be a steward of the land applies not just to those people residing in the region where the landscape architect practices, but for all people everywhere.

Expectations of the General Public Code compliance is one of the most prominent expectations of the landscape architect in the eyes of the general public. Public agencies create laws,

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ordinances, and codes intended to protect the health, safety, and welfare of the general public, and consultants must be aware of such regulations and comply with them. The general public also expects the practitioners of all professions to be self-regulating and to develop and uphold a code of ethics. Landscape architecture is no exception. The landscape architect is expected to abide by the standard of care or standard of practice for landscape architects and to adhere to professional registration laws. The general public also expects landscape architects to develop plans and designs that are environmentally sound, safe, and as riskfree as possible. Last, landscape architects are expected more and more to involve the user in the design process for public works projects (parks, for example) and in private projects that have high exposure to members of the general public (such as residents that live adjacent to a proposed development). Public involvement in the planning and design process has come of age in the last quarter of the twentieth century and will be expected of consultants for many years into the future. In the twenty-first century, use of project-related Web sites for involving the public has become common practice and will continue to be a great way to involve the public in the planning and design process. The public also expects the consultants to listen to them and to hear what they are saying. Resentment occurs when the public is asked for its input and the consultants do not respond by making an appropriate change in the plan. In addition to involving the users in the planning and design process, landscape architects are expected to carry out research, review the literature, and use the best professional judgment available in designing public works projects. Experience and professional judgment become more and more important as projects increase in sophistication.

Landscape Architect’s Expectations Landscape architects expect the public to be responsive when asked to become involved in the planning and design process at public meetings for example. They expect the general public to respond with a

positive attitude. The consultant can become frustrated if public participants are quiet, shy, or unhelpful. Frustration also occurs if the public participants are negative, belligerent, or uncooperative. One of the best ways to convince the public that its input has been received is to make the graphic and written changes in the plan proposed by the public participants. Landscape architects also hope that people enjoy using the public environments developed, managed, or protected as a result of the landscape architects’ professional efforts. Seeing children having fun in a play area, commuters relaxing in a public transit center, waterfowl flourishing in a preserved wetland, or kayakers enjoying a white-water run, made possible by multiple-use management guidelines on public lands, are examples of the satisfaction that landscape architects can expect from the general public.

REFERENCES Dixon, Sheila A., ed. 2007. The XL Insurance Contract Guide for Design Professionals: A Risk Management Handbook for Architects and Engineers. Monterey, CA: The Design Professional Group of the XL Insurance Companies. Karner, Gary A. 1989. Contracting Design Services. Washington, DC: American Society of Landscape Architects.

STUDY QUESTIONS AND ASSIGNMENTS 1. Pair off in twos. One person should play the role of landscape architect. The other should play the role of an owner. Each role player should develop questions to ask the other aimed at identifying expectations in the landscape architect/owner relationship. Create a question checklist. 2. Compare and contrast the similarities and differences between the three main consulting relationships discussed in this chapter: ■ ■ ■

Prime-consulting relationships Multiple direct-consulting relationships Subconsulting relationships

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3. There are a number of key times to involve the owner in the planning and design process: ■ During the development of the design program or setting the planning goals and objectives ■ During design development of the project ■ During the design of construction details and selection of materials ■ When reviewing the plans at the preliminary plan or schematic design stage ■ When reviewing design development plans ■ When reviewing and approving the final plans Develop a checklist of questions that can be used to prompt a client for input at each of these key times in the design process. 4. Research the codes and regulations affecting landscape architects in your community. Obtain copies of the codes and prepare a paper identifying the code obligations. Summarize the key elements covered by each code in the paper. 5. Select three to five spaces or places in your community and evaluate the designs in terms of safety. Document in writing and graphics the safe and unsafe conditions. Refer to the codes and regulations you studied in question 4. 6. Locate an example of a landscape architecture project in your community or by talking to a practicing professional. Identify what professional-liability risks are related to the project. Focus on third-party liability risks. How might some or all of the risks be avoided? 7. Establish a realistic budget for one of your design studio projects. Carry out a construction cost projection to see if you have designed the project within the budget. 8. Develop a quality-assurance/quality-control (QA/QC) procedure that can be used as a checklist for project quality. Refer to the items discussed in this chapter and interview landscape architects in your community to see what quality-control procedures they use. Combine all of your results into a QA/QC checklist that you can use on your projects.

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9. Research the definition of the standard of care as practiced by landscape architects. Write a paper that explains and defines the standard of care practiced by landscape architects. 10. Research the statute of limitations and other criteria for keeping various documents in the landscape architect’s files. Include project documents, contracts, legal documents, personnel information, insurance files, and other documents. 11. Write a paper on the owner’s responsibilities in the design process. Include the responsibility to provide project program information to the landscape architect, budget information, responsibility to designate a representative to work with the landscape architect, surveys and legal information, geotechnical and environmental information, and all other information that an owner is obligated to provide to the landscape architect in order for the design services to be executed. 12. Write a paper on the landscape architect’s expectations of allied professionals and owners in the professional consulting relationships. 13. Write a paper on the landscape architect’s expectations of contractors in professional relationships. 14. Contact the procurement office of your municipal government and ask to see a copy of a CM@R contract. Identify how the contract might result in a completed project that best serves the interest of the municipality. 15. Develop a list of the pros and cons between each of the following methods of engaging a contractor and under which circumstances each is the best method to use: ■ Design and negotiated construction contract ■ Design-bid-build ■ Construction manager at risk (CM@R) ■ Job order contracting (JOC) 16. What are the expectations of the landscape architect in the broad relationship with the general public? What are the general public’s expectations of the landscape architect? Write a paper discussing these relationships.

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5

Finance

here do landscape architects find the money to start an office and keep it going? What financing options are available? How is financing obtained? What are the main considerations in raising funds? How do lenders evaluate a request for financing? What does the firm use for collateral? This chapter will answer these questions and provide an overview of the three major forms of financing:

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1. Equity 2. Debt 3. Trade credit This chapter will also discuss the main considerations for raising funds, as well as the three phases of financing that a firm may face. Every landscape architecture firm will need to use some or all of the forms of financing to start and maintain a firm. The financing vehicles used depend upon the personal wealth of the founders and how much of their personal finances the founders are willing to risk. The founders of every landscape architecture firm must decide what balance to strike between using personal funds and using financing available from outside sources. How the funds are obtained is not only a start-up issue but also a recurring fact of business life as long as the firm remains viable. Familiarity with funding sources and financing options is one of the most important elements of the successful business practice of landscape architecture.

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Six Considerations for Raising Funds The landscape architecture firm that is considering raising funds must ask six main questions: 1. 2. 3. 4. 5. 6.

What is the amount of the funds needed? When are the funds needed? What purposes are the funds needed for? What form of financing will be used? Who will provide the funds? What is the cost of the financing?

The amount of financing required is determined by calculating the amount of money required for a capital investment, for example, or estimating the projected costs of starting the office, financing an expansion, or the maximum amount needed for an operating line of credit. When the funding requirements are based on a projection, overestimating the need is a better approach than underestimating it. If the firm’s estimates are too low, a shortage of funds is likely to jeopardize the venture. Underestimating a need for capital is embarrassing, and the firm may have difficulty in going back to the source of funds, or to another source, to raise the shortfall. Timing relates directly to the firm’s business planning and external factors such as the direction that interest rates are trending or the general

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Finance

availability of capital. From 2008 to 2010, for example, lending institutions and banks became very cautious with loan policies. Borrowing money became more difficult because of the meltdown in the home mortgage industry and financial markets. The cyclical availability of borrowed capital may impact a landscape architecture firm in a couple of ways. If borrowed money is necessary to start a firm or expand operations and the availability of borrowed funds is in a tight period, the landscape architects may not be able to find the capital necessary to finance the start-up or expansion of the firm. If borrowed money is readily available at low interest rates, as it was between the years of 2003 to 2005, a start-up firm could be tempted to borrow too much money, causing loan pay downs if the rates increase to higher interest rates and there are correspondingly higher carrying costs for borrowed money. The firm’s business plan will have a time line that indicates a date when the funds are needed. The timing can be critical if money is coming from a private source. The source that controls the funds may have a use for the money that ties it up when the landscape architecture firm needs it, or the funds may be earning interest that will be lost to the source when the funds are delivered to the landscape architecture firm. If the landscape architecture firm borrows the funds from a lending institution, the firm will begin paying interest on the money when it is deposited in the firm’s account. By waiting until the funds are absolutely necessary, borrowing costs will be saved by the landscape architecture firm. In 2008 to 2010, on the other hand, money was tight and banks were not lending. If a landscape architecture firm needed money for start-up or expansion during those years, it was almost nonexistent. In 2009, just obtaining any funding from lending agencies and banks was the challenge. The borrowing costs and timing issues became secondary. The purpose of the funds often determines the type of financing the firm selects. If the need for the funding is not immediate and if the amount of the funds that are needed can be covered by the firm’s current profits, the firm may be able to wait until accounts are received to fund the need. If the need is immediate, such as making a payroll or a tax deposit, the firm will need access to a short-term credit source if it is available. If the need is for capital equipment, the firm will want to know when

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the equipment is needed and plan ahead to obtain a long-term note if savings or retained earnings or another liquid form of funding is not available. If the firm needs the funds for operating materials, the firm may have a readily available source of funds by relying on trade credit. Determining what form of financing will be used depends upon the equity, or retained earnings, in the firm, the financial health of the firm and its owners, and the amount of debt already incurred by the firm. Short-term money needs are usually funded by the profits and equity in the firm. Immediate short-term needs also can be funded by an operating line of credit or a revolving line of credit for which creditors usually require payment in the near future. Long-term funds used for equipment and real estate funding are almost always provided from loan capital. Start-up financing decisions are influenced by the form of the business. Sole proprietors and partnerships may be financed initially by personal contributions of funds, loans, venture capital from a silent partner, or bringing in another owner or partner. Corporations have the legal ability to raise funds by selling stock either to members of the firm or to outside investors. Large corporations that have the possibility of revenue growth may consider selling stock to the general public to raise funds. Investors buy the stock because they believe the firm has the potential to provide them with a good return on their investment. There are a number of large multidisciplinary firms listed on stock exchanges such as the New York Stock Exchange, including the giant firm AECOM. A landscape architect working for a publicly traded firm like AECOM will know the stock value on a daily basis by going to the stock price listings in the stock market indexes published in newspapers and online. Once the firm has an established operating and credit track record, the sources of financing will vary. Private financing from friends or family is one of the first sources to explore when the need for capital arises. Financial institutions, banks, private investors, and governments are other sources. Leasing is a popular funding method for equipment and vehicles. Selling stock to members of the firm or the public raises funds but dilutes the ownership of the firm at the same time. Government-sponsored tax relief and incentive programs are often overlooked

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as a source of financing. The landscape architecture firm’s analysis of all sources of financing should always include such programs (Bates 1982). The cost of financing is one of the most important considerations when determining where a landscape architecture firm will obtain financing. Interest costs are the most obvious cost associated with financing, loans and borrowed money. There usually are other costs associated with obtaining funds from a lending institution. Administrative fees, annual renewal fees, or loan origination expenses are a few of the many costs in addition to interest costs that can come with borrowed funds. Another cost that is important for landscape architecture firms is the cost of the time needed to apply for, negotiate, and otherwise secure a loan. There will be time associated with completing loan request forms and personal financial statements. There will be time needed to meet with representatives of a bank or lending institution, to negotiate and secure the loan. Often multiple meetings may be required if any obstacles arise in association with the funding, such as the personal financial stability of the individual landscape architects when personal guarantees are required for a loan to a firm set up as a corporation. There also will be fees associated with late payments or prepayments of the loan. Therefore, fees, expenses, and time associated with securing a loan can be as important as the interest rates when a landscape architecture firm evaluates the cost of securing borrowed funds. The bottom line: When the firm needs to raise funds, it should review all of the options available and make a sound decision based on the cost to the firm, the terms of the financing, and the relationship with the provider of the funds.

Three Phases of Financing a Firm Landscape architecture firms may go through one, two, or three phases of financial needs: 1. Start-up financing 2. Maintenance financing 3. Continuation financing

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Legal fees and costs associated with creating a corporation or legal partnership Purchasing equipment Leasing an office space Buying furniture Investing in business cards and stationery Covering deposits required for utility service Obtaining Internet service Creating a Web site Covering operating expenses such as Internet service, telecommunications services, utilities, and printing Buying supplies Covering tax obligations Obtaining a business license Covering the cost of vehicle use and maintenance Providing insurance coverage Paying oneself and one’s employees

Start-Up Financing The initial investment in the firm is made by the individual founder, founding partners, or founding stockholders. If the firm is started as a sole proprietorship or a partnership, the initial investment is the contributed capital. If the firm begins life as a corporation, the initial funding is used to purchase shares of stock and capitalize the firm. Initial funding comes from personal savings and in the form of gifts or loans from families, friends, or other investors. Other sources for initially capitalizing the firm are banks and lending institutions. Loans made at the startup of a firm are often tied to the personal wealth and personal collateral of the founders because the firm has little or no collateral of its own. Sweat equity is a vehicle that can help in the initial financing of the firm. Sweat equity means working for no or low pay until cash flow is available to pay a regular salary for the owner or owners. If the firm is started as a corporation, and stock is obtained by the firm’s founders in lieu of a salary, tax laws require that income be recognized as the dollar value of the sweat equity exchanged for stock.

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Finance

On a personal note, I started my first landscape architecture firm in the late 1970s by using the small sum of $4,500 in personal savings and sweat equity as the method of financing the start-up costs. After 10 weeks I had completed a few commissions and had created about $25,000 in accounts receivable. I then obtained an operating line of credit from my bank, using the accounts receivable as my collateral, and I used the line of credit to provide a steady stream of salary income for me and my employees as they were added to the firm. Leasing companies are a very good source of start-up capitalization because they allow the founders to obtain the use of equipment for a small initial outlay of capital. The U.S. Small Business Administration and other government agencies are another source of start-up financing. Some firms have started by obtaining a government grant or other government-sponsored project that effectively guaranteed a source of funding for the length of the grant. Starting a firm with a sure source of revenue provides a comfortable cushion while the founders develop market share and clients in the public and private sectors of the economy. Another start-up method is moonlighting, where the founder or founders maintain regular jobs and work at night and on weekends to start developing their own client base and the funds necessary for start-up financing. When enough capital is raised, the founders break away from their regular jobs to go full time with their start-up firm. In the twenty-first century, the ability to moonlight has been enhanced by the World Wide Web. Today, a landscape architect can be working for an established firm and at the same time have a Web site in place to aid in obtaining outside work. Developing a web presence over time can lead to obtaining enough work to eventually break free of the established firm. The Internet is particularly adaptive for developing a specialty practice. Someone with an interest in public art, for example, can effectively use the Web to advertise and develop clientele, perhaps leading to the point where his or her specialty practice can thrive and provide the income to make public art a full-time practice. Start-up funds are used to build the firm’s organization and establish a share of the landscape architecture market that will sustain the firm.

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Maintenance Financing The next stage in the financial life of a firm requires maintenance financing. In the maintenance phase, the firm is already established. A steady stream of accounts receivable is available to use for collateral. Equipment and furniture assets are in place, and the firm possibly owns real estate assets. Financing requirements are focused on replacing assets as they are depreciated and on growth. Cash-flow management is an ongoing responsibility of the firm’s managers and plays an important role in maintenance financing. The owners of the firm may no longer have the interest or the desire to finance the firm’s investments from their own funds during the maintenance phase of financing. In the maintenance phase of operating a firm, owners look to leasing and lending institutions to finance day-to-day operations and acquire new equipment and furniture. If the firm is a corporation, it may look at selling stock to employees as a vehicle for financing growth and for stabilizing the financial interests of the firm by spreading ownership among a greater number of investors buying into the closely held corporation. Private investors and venture capitalists are outside sources of expansion financing. A merger or acquisition may be a vehicle used for financing growth. Merging with another firm may create an opportunity to borrow funds using the higher amount of accounts receivable of the combined firms as collateral. The larger size of the new firm formed by the merger may be more appealing to private financiers or lending institutions, making sources of funds more readily available. A smaller firm may be acquired by a larger firm, providing equity financing for the business goals of the smaller firm. Stability is a primary goal of financing approaches used during the maintenance period of a firm’s business life.

Continuation Financing The final phase of financing a landscape architecture firm is continuation financing. In this phase, lengthening the life of the firm or major expansion are primary objectives. The original owners

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may be at the age of retirement and wish to see the firm continue under the guidance of more youthful management and new owners. If the firm is large enough, it may have the opportunity to raise continuation financing through a public offering of stock. Major expansion may be a goal during the continuation phase of financing a firm and may involve large merger/acquisition moves or penetrating new market sectors either geographically or by type of service. Another goal during continuation financing is a return on investment for the owners by pulling profits out of the firm in the form of bonuses and stock dividends. One source of continuation financing used by landscape architecture firms is the employee stock ownership plan (ESOP). Under an ESOP, the future of the firm is financed by making ownership available to a broad range of the employees who can invest in the firm by purchasing its stock through direct cash purchase or payroll deductions.

over after repaying the debt belongs to the owner or owners of the firm. Equity financing requires the owner or owners to risk personal capital. The greater the number of equity partners or stockholders, the more funds can be raised. In fact, one of the nagging questions that face the founders of a landscape architecture firm is how many partners or stockholders are needed to finance the firm. The more the financing is spread among partners or stockholders, the more the profits are spread among them. When financing a firm through equity capital, the founders must ask themselves if they would rather own 20 percent of a highly successful and profitable firm or 100 percent of a would-be highly successful and profitable firm. In the final analysis, the best approach is the one that fits the need, personality, desires, and wherewithal of the founders or financial managers of the firm. Landscape architects should consider the following questions when deciding between debt and equity financing of a firm:

Debt or Equity?

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In all phases of financing the landscape architecture firm, managers must continually ask themselves whether it is better to use equity or debt to finance the operations and expansion of the firm. Debt capital is normally easier to find, quicker to obtain, and does not dilute the ownership of the firm. With debt capital, however, there is debt service. Regular payments of interest and principal must be made regardless of the profitability of the firm. In most cases, obtaining debt capital requires some form of collateral. For the landscape architecture firm, debt capital may not be readily available until the firm has developed a steady flow of revenue. The accounts receivable that come with the revenue stream are the main source of collateral for most landscape architecture firms. One of the negative aspects of debt capital is the personal guarantee, which many owners of landscape architecture firms reluctantly agree to. Most lending institutions, banks, and leasing companies now require personal guarantees of the firm’s owners in order to consummate a loan. If the firm is financed with debt, and if the firm is successful, everything left

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Can the firm qualify for debt financing? Is money loose or tight? Are banks lending or not? What terms and conditions will be placed on the debt financing? What is the current level of the prime rate and prevailing interest rates? Is the prime rate trending up or down? How many sources of debt financing are available in order to take advantage of competition for the loan terms? Are the owners of the firm willing to make personal guarantees in order to secure the loan? Does the firm have assets to pledge as collateral? Has the firm made both workload and cashflow projections to verify that a revenue stream will be available to service the debt? Do current interest rates make debt financing either undesirable or desirable? What is the urgency of the financing need? What is the after-tax cost of borrowing funds? What financial reports will the lender require? Does the firm already prepare them,

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and investors informed about the use of the funds? Will equity financing need to be supplemented with debt financing? (Lister 1995)

Equity Financing The financial definition of equity is the residual value of a business beyond any liabilities owed by the business. Equity is the capital contributions to the firm and the total of the firm’s profits year after year—its retained earnings. If the owner or partners of a landscape architecture firm contribute funds for the initial capitalization of the firm, or for capital or operating needs as the firm matures, they are building ownership, or equity, in the firm. If the firm is organized as a sole proprietorship, the individual owns 100 percent of the equity in the firm. If the firm is organized as a partnership, each partner’s equity is based on the percent of contributed capital at start-up or on an agreed-upon formula or percent of ownership. If the firm is organized as a corporation, personal funds are invested to purchase stock in the firm. The number of shares of stock relative to the total number of shares outstanding determines the investor’s proportionate ownership of the firm. The goal of equity financing is to obtain a return on the invested money. The return for a sole proprietor or the partners in a firm is growth in profits and an increase in the retained earnings of the firm and in the growth of the firm’s asset value as reflected in the firm’s financial statement. As retained earnings and assets increase, the individual owner or partners see the value of their investment in the firm increase. The return on investment for the corporate investor comes in the form of dividends paid on the shares of stock owned and on the increase in the face value of the stock. The increase in the firm’s asset value and in retained earnings, reflected in the profitability of the firm, results in an increase in equity and in the per-share value of the firm’s stock. The corporate structure of a landscape architecture firm is attractive for raising capital because the value of each share is easy to determine at any

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time and the corporate structure protects the investors from personal liability. By contrast, the unlimited liability of the sole proprietorship and the general partnership is a deterrent to raising equity capital. The marketability of shares of stock is superior to the marketability of an interest in a partnership or a sole proprietorship, which automatically becomes a partnership if equity ownership is sold to another. The form of the business is not cast in stone for the entire life of the landscape architecture firm. The business’s form can be changed to accommodate the financial requirements at different times in the life of the firm. Many landscape architecture firms start life as a sole proprietorship or general partnership. In the beginning, the firm is small and the contributed start-up capital is relatively easy to accumulate from personal savings and from relatives or friends who put few restrictions on the use of their money, except that the principal be returned. As time goes on, financing needs increase beyond the investment capability of the firm’s owners, family, and friends, and changing to a corporate structure becomes very appealing as a vehicle for raising funds and for limiting the greater liability associated with the larger financial operations. The landscape architecture firm has a number of equity financing options available: ■ ■ ■ ■ ■ ■

Sweat equity Personal savings Family and friends Partners: general or limited Venture capital investors The landscape architect’s present employer

Sweat Equity When an individual, partners, or stockholders start a landscape architecture firm and elect to forgo their salary, the resulting increase in the firm’s financial condition is the result of the profit made by not paying salaries. The accumulated profit shows up as retained earnings on the firm’s financial statement. The value of the retained earnings is the value of the sweat equity. Forgoing salary may be used as a financing mechanism at any time in the life of the firm.

Using sweat equity financing is a common practice for landscape architecture firms and other types of professional-practice firms. If the owner, partners, or stockholders elect to use this form of financing, they must realistically remember where the money created in the firm is coming from. If one forgoes a salary, one must draw the money needed for personal expenses from personal savings or some other source of personal income. One must put food on the table and pay the rent or the home mortgage. The money must come from somewhere. Sweat equity financing in the corporation can result in friction between stockholders if the terms of forgoing salaries are not discussed and understood beforehand. If different salary levels exist among stockholders, and if different amounts of stock are owned, forgoing salaries will result in different economic returns to the stockholders. Therefore, sweat equity as a corporate financing vehicle should be well thought out before forgoing salaries, as illustrated by the following example. A firm has two stockholders, owner A and owner B. Owner A owns 75 percent of the common stock. Owner B owns 25 percent. Both owners have equal salaries of $2,500 per week. They have an existing line of credit with an outstanding balance of $15,000 and decide that they want to create the financing to pay off the balance on the line of credit by each forgoing salaries for 3 weeks. The savings in salaries will create $15,000 of equity in the company and finance the repayment of the line of credit. The net effect of the sweat equity increases the firms retained earnings by $15,000, effectively increasing the value of the firm’s stock by $15,000. The stockholders must recognize that stockholder A will benefit by the sweat equity financing to a greater extent than stockholder B because of the 75 percent/25 percent split in ownership. Whereas the per-share value of the firm’s stock will increase equally for both stockholders, the dollar value of the sweat equity and the return on investment is greater for owner A because of the equal salary contributions. Owner A realizes an increase in stock value of $11,250 on an investment of $7,500 in salary, a 150 percent return on investment. Owner B realizes an increase in stock value of $3,750 on the $7,500 salary investment, a 50 percent return on investment.

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Finance

Personal Savings Many aspiring professional practitioners start their firm using personal savings for start-up capital and operating expenses until a revenue stream is available to cover the costs of operating. Personal savings is a convenient source of start-up funding for many entrepreneurs. Personal savings may come from more sources than one’s savings account in a bank or other savings institution. If a landscape architect works for a firm or a government agency, personal retirement funds vested in the firm or government retirement program are a good source of savings that can be invested in starting the new private practice. Retirement funds can be used either directly or the funds could be borrowed against. Accrued vacation pay is another source of start-up capital. A different source of personal funds could come from an inheritance or a trust fund that becomes available at the time when an individual has the desire to start or expand a firm. Insurance policies offer good sources of capital to start a firm or finance a capital funding need in the mature firm. The cash value of the insurance policy may be obtained or a loan may be made using the policy as collateral. Equity in one’s home is another good source of money to fund the start-up or continued financial needs of a firm. The equity in the home is taken out by remortgaging the house or taking out a home equity loan. The equity from the home is transferred into equity in the new landscape architecture firm. As long as the landscape architect feels that the new firm will be profitable, the equity will not be lost. Using home equity as a way to raise capital also has tax advantages. The interest on home mortgage loans is one of the last remaining personal tax deductions in the federal tax code.

Family and Friends If an aspiring professional practitioner has no personal savings, has no home to mortgage, or is looking for funds to supplement personal savings, family and friends are a convenient source of financing.

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The main value of using family and friends as a source of investment capital is that the terms of the loan are often more favorable than those on a loan from a commercial lending institution. Family and friends may even make the money available as a gift. Family and friends usually are sympathetic to the goals of the aspiring private practitioner, and moral support can be a side benefit of securing financing from them. The negative aspect of using family and friends as a source of financing is bad blood. If problems occur with the start-up of the firm or its continuation, the funds may be lost, causing emotional pain and resentment between the landscape architect, family, and friends. There is nothing worse than being saddled with a family member’s “I told you so.” The possibility of losing a friend is another emotional setback that one may choose not to risk just for the sake of tapping into a source of financing. When obtaining financing from family and friends, treat family or friends with the same serious approach that would be used with a commercial lender. Prepare actual loan documents. Pay interest when it comes due. Provide financial statements and other reports on the health of the family member’s investment. Strive to separate the business obligations from the enjoyment of the relationships and activities carried out with family and friends. If money is accepted from family or friends, make the same hard decisions about protecting the investment as if it had come from personal savings or from a financial institution that would have legal documents to protect its investment.

Partners Starting a firm with one or more partners has one main financial benefit: the costs for starting the firm and maintaining its financial health are spread out among the partners. The greater the number of partners, the more the financial burden is spread out. The financial reward is spread out, too. Partnerships can enhance the growth potential of a landscape architecture firm because having partners not only spreads out the burden of financing of the firm but also usually brings together different knowledge and business interests. An

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ideal partnership, for instance, might include one partner who is strong in design, a second partner who is strong in the production of construction documents, and a third partner who is strong in the business and operations side of running an office. Partnerships fall into two broad categories: general and limited. General partnerships are formed by working partners, and all of the partners are active participants in the business of the office and in generating revenue. Decisions are made based on the concurrence of the partners. Expenses are borne and profits are distributed based on the proportionate share of the firm owned by each partner. In most cases in a general partnership, the percentage of ownership is based on dividing 100 percent by the number of owners. Limited partnerships, comprising one or more silent partners and one or more controlling partners, provide a form of financing in which the silent partner contributes funding, and the controlling, or general, partner manages the operations of the firm. The silent partner receives a percentage of the profits and other considerations for financing the start-up and operations of the firm. Structuring a limited partnership is an effective method for involving family or friends in the financing of a firm. The family members or friends contribute financing and remain in the background, while the private practitioner maintains control of the firm, handling day-to-day business operations. The limited partnership should be based on appropriate legal documents and spell out the terms of the return on investment and repayment of the principal. Partnerships can be formed between all types of entities. An A/E firm or another landscape architecture firm may be a source of partnership financing when the partnership responds to a niche market or complements the business direction of the A/E firm or another landscape architecture firm (Heath 1995).

investment will result in a handsome return on investment. Venture capitalists fit a wide variety of descriptions—wealthy individuals, another company, or a group of investors who come together to finance promising companies. Venture capitalists typically seek a 20 percent to 30 percent return on their investment, and herein lies the main problem for landscape architecture firms in obtaining financing from venture capitalists. In a good year, a landscape architecture firm may make a profit of between 10 percent and 15 percent, not enough to attract financing by most venture capitalists. This form of financing may have more merit for side businesses, such as a manufacturing company started by a landscape architecture firm. The side business may benefit directly from the association with the landscape architecture firm. Profit projections from this business association may be the incentive that a venture capitalist needs to commit financing to the new company.

The Landscape Architect’s Present Employer Another source of start-up capital and financing is the landscape architect’s present employer. If an employee of a landscape architecture firm gets the urge to start his or her own office, one of the first places to turn for financing the start-up costs is the firm where the employee presently works. Many landscape architecture firms are always looking for ways to expand into new geographic markets or into different areas of professional services. Firms also don’t want to lose good employees, especially those employees who have the discipline and drive needed to launch a private practice. If the employer’s firm is profitable and has retained earnings available or another source of financing, it may be willing to capitalize the start-up of a new or subsidiary firm by one or more of its employees for an equity position.

Leveraging Equity through Debt Venture Capital Investors Venture capital is money invested in a landscape architecture firm, usually in the form of an equity investment, with the anticipation that the

Using start-up capital to leverage equity through debt is an important concept for the landscape architectural entrepreneur to understand. Leverage is the extent to which the entrepreneur substitutes

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long-term debt for start-up money. The goal of leverage is to make the start-up financing go further by making initial capital purchases with borrowed money. Here’s an example of how it works: A landscape architect decides to start a new small office with $50,000 in savings. Capital items that will be needed immediately include: Computers Software Printer Furniture Phone system Total Capital Costs

$ 5,000 $ 9,000 $ 5,000 $ 4,500 $ 1,500 $ 25,000

If the capital items are bought outright, half of the initial capital will be used, possibly causing financial stress on the start-up operation of the firm. If the landscape architect can use debt to finance the purchase of the capital items, and if 80 percent financing can be obtained, only $5,000 instead of the $50,000 total will be required from the initial start-up costs to obtain the capital items. Of course, the landscape architect must factor the monthly debt service, or loan payments, into his or her business plan and into the projected costs of doing business. Using the debt to leverage the equity leaves $45,000 to operate the business until a revenue stream is achieved. The actual amount of equity investment in the firm remains $50,000. Substituting debt for part of the initial equity financing makes the start-up funds go further by leveraging them. One consideration to keep in mind is the ratio used by some lenders as a guide to the amount of leverage a firm should engage. The leverage ratio is the debt-to-worth ratio and represents the level of capital contributed by creditors to capital contributed by owners. Lenders like the leverage ratio to be 3:1 or lower; that is, they want to be sure that the landscape architecture firm has financed its assets with at least one dollar of contributed capital for every three dollars of borrowed funds (Lister 1995).

Debt Financing Debt is incurred when the landscape architecture firm borrows money as a method of obtaining capi-

tal or operating finances. Debt is a liability. It results in the obligation of the landscape architecture firm to return the principal amount of money borrowed from a lender at a specific time in the future. The lender charges an interest fee for the use of the money. The borrower must pay the interest, usually on a regular basis, such as monthly, and almost always in advance of repaying the principal amount owed. Loans are structured where an amount of money (the principal) is borrowed for a specific length of time (the term) at a designated interest rate (the cost). The amount, the term, and the interest rate are the three main elements that are negotiated in the process of borrowing money from a lender. Usually fees are added, such as percentage points, documentation fees, late payment fees, or other fees, which are also negotiable. The art of negotiating a loan is in making tradeoffs among the three elements. If you give the lender the interest rate the lender desires, you should try to get the lender to give you the length of time that you desire. If you need a specific amount of financing, $10,000, for example, and no other amount will do, you will need to hold out for that amount and may need to be willing to accept the lender’s terms on interest rate and length of time. Another negotiating axiom is if you set the amount higher than you need and the interest rate lower than you’re willing to pay, the lender will grant terms longer than you expect—giving you some negotiating room. You may end up acquiescing to the lender’s terms, but if nothing is ventured, nothing is gained. Shopping for the most favorable terms and interest rate is very important. Think of the process as similar to buying a pair of shoes, only you are buying debt. You wouldn’t buy the first pair of shoes that you saw without trying them on, checking out how well they were manufactured, and waiting until you checked one or more other stores to see which store had the best price. Likewise, finding the best source of money involves reviewing the debt financing options and shopping for the best terms. The landscape architecture firm has a wide range of alternatives available for debt financing of the firm’s monetary needs including: ■ ■

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A personal loan Credit cards A noncommercial loan Lines of credit A lease A government-backed loan

Short- and Long-Term Commercial Loans Banks and commercial lending institutions supply the bulk of loans to businesses, including landscape architecture firms. Banks and commercial lending institutions use money deposited with them as the source of their funds for making commercial loans. In simple terms, the difference between the interest that banks pay their depositors and the interest they charge their borrowers covers their cost of operating and, in addition to the fees they charge, provides them with a profit. As a result of the failure of savings and loan institutions in the late 1980s and early 1990s, federal regulators strengthened the rules and performance standards used in the banking industry for commercial loans. Later from 2000 to 2007, the nation saw a period of banking deregulation, which resulted in the financial and banking breakdown of 2008 to 2010. Banks and commercial lenders are more cautious than ever about lending to businesses that lack the demonstrated ability to repay the borrowed funds. The cost of a loan, or the points paid to the bank, have increased. Service and document-preparation fees have been introduced, or increased if they already existed. Collateral requirements have been strengthened. The performance of the borrower is scrutinized more carefully, and the cash flow necessary to service the debt has become a very important element of analyzing the creditworthiness of a borrower. Trends in the length of loans are shorter and shorter. Banks are not willing to loan money at a fixed interest rate for long periods (five years or longer) because they are unable to predict whether the interest rates they must pay to depositors will increase above the rates they charge borrowers and severely impact their income.

Banks vary in the types of loans they offer, the terms of the loans, and the level of risk their management is willing to accept. Most loans secured by small and medium-sized landscape architecture firms are secured with liens on the firm’s assets. As a standard operating procedure, banks and commercial lending institutions also require personal guarantees from owners of 20 percent or more of the firm. Short-term loans are funded for 12 months or less. The main concern of a bank that grants a short-term loan is repayment of the principal. Interest income is secondary. Short-term notes are typically written as demand notes, which means that the banker can demand repayment at any time up to and including the due date. The bank is likely to ask that some or all of the firm’s assets that are readily converted to cash, such as the landscape architecture firm’s accounts receivable, be used as collateral for a short-term loan. Short-term loans are normally used as a source of operating capital. For example, when a landscape architecture firm is awarded a very large contract and must purchase or rent equipment and hire additional staff to start the project, short-term financing can bridge the gap between the immediate financial need and future cash flow. If a firm has a contract in place providing a substantial increase in annual revenue, a lender will be more inclined to make a short-term loan. The lender will have a comfort level that the money can be repaid. All loans over 12 months in length are typically considered long-term debt. One of the most common forms of long-term debt taken on by landscape architecture firms is the installment loan. When a landscape architecture firm buys vehicles, computers, office equipment, and furniture, the firm frequently finances such purchases with an installment loan. The loan is structured for the payment of both principal and interest over the length of the loan. The amount of the payment is calculated based on the total of the interest and the principal divided by the number of monthly payments. The interest on installment loans is typically front loaded and is costly to the borrower. The interest for the full length of the installment loan is calculated at the start of the loan and added to the

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principal amount borrowed, and the total is divided by the number of payments. Here’s an example: Financed cost of computer and printer Interest rate Term Total interest on the loan = $10,000 × 13% × 5 years 60 payments at

$ 10,000 = 13% = 5 years $ 6,500 $275 Ea.

Compare the cost of the installment loan to the cost of a loan computed at a rate of 13 percent using simple interest:

Amount of loan Interest rate Term Total interest paid

Installment Loan $10,000 13% 60 months $6,500

Simple Interest Loan $10,000 13% 60 months $3,304

Obviously, negotiating a simple interest loan, if possible, is a better business decision for the landscape architecture firm and front-loaded installments loans should be avoided (Tuller 1991). Long-term commercial loans secured from banks vary in length from 1 to 20 years; loans with a period of 3 to 5 years are common. Some longterm loans are amortized. The loan amount is divided by the number of months in the term, and the monthly interest is calculated on the amount of total principal remaining after each monthly amount of principal is subtracted from the total principal due. Under the typical amortized payment schedule, the amount of principal reduction is less in the beginning and more at the end of the scheduled number of loan payments, and the amount of interest paid is greater in the beginning and less at the end of the scheduled number of loan payments. The amount of interest paid is less with each payment because it is calculated on a constantly decreasing principal amount. Amortization calculations can result in equal monthly payments or in unequal monthly payments with equal principal amounts, decreasing

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interest amounts, and a decreasing total payment amount over the length of the loan (Lister 1995). Long-term loans also are structured as interestonly loans where the interest is set at a specified annual rate and charged to the borrower on a monthly basis until the loan balance is repaid in full. Typically an interest-only loan comes with a so-called balloon payment at the end. In other words, the borrower pays only the interest for a specified period of time and at the end of the time period the principal amount must also be repaid or the loan must be renegotiated. Mortgage loans are another form of long-term debt. These loans are secured by real estate. A mortgage is normally amortized over 15, 20, or 30 years. Real estate mortgages can contribute to the financial picture of the landscape architecture firm by adding significantly to the total assets owned by the firm, making the firm look good on paper. Mortgages require a significant outlay of money up front in the form of a down payment, closing points, fees, and other costs associated with closing the mortgage loan. Because of the need for upfront capital, mortgages may not be a part of the start-up financing picture of most landscape architecture firms. Purchasing real estate when retained earnings provide enough capital for a down payment is a way for the landscape architecture firm to increase equity by paying off the mortgage and by benefiting from a possible increase in property value. Sources of short- and long-term loans are banks, savings and loan institutions, finance companies, consumer lenders, credit unions, venture capitalists, mortgage companies, and governments.

Personal Loans Some people have personal or family wealth. Others have an excellent credit history, strong earnings, and money in the bank. These people may qualify for an uncollateralized personal loan, a signature loan often made available as a line of credit. These loans are granted based on the financial strength of the borrower. The terms of these loans vary. They are frequently made for terms similar to those of credit cards or overdraft protection with quick approvals and high interest rates. If the financial

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condition of the individual is strong, better terms for a personal loan are likely to be negotiated.

Credit Cards Credit cards are a convenient source of debt financing for the operation of a landscape architecture firm. Indeed, it is hard to imagine any office being able to function without the credit financing available from the credit card industry. In today’s world of electronic money transfer, operating a business on a cash basis as almost unheard of. Obtaining credit card funding is based on the creditworthiness of the firm’s individuals and on the firm itself. Shopping for credit card funding is like shopping for any other service. One needs to evaluate the interest rate, the fees, late payment costs, and available amount of credit. Some credit cards require payment of the amount borrowed every month. Other credit cards allow payment of only a minimum payment and carrying the balance owed into the future with interest charges on the unpaid balance. Careful use of credit cards is a must for landscape architects operating a business because a business literally can’t function without plastic money.

Noncommercial Loans Loans from relatives and friends are noncommercial loans. These loans are very useful in the financing picture of a landscape architecture office. They are negotiated in a friendly environment and usually carry more favorable terms than commercial loans. If family or friends have money available to lend, the landscape architect should approach them in a professional manner, with a loan proposal, as if he or she were approaching a bank or other commercial lender. Loans from family and friends should have proper documentation that specifies agreed-upon terms and interest rates. Relatives and friends are likely to be mostly concerned about the return of the principal borrowed from them. One way to structure a loan from a noncommercial lender is to repay the principal before paying interest.

Lines of Credit Lines of credit are used mostly for temporary and intermittent financial needs. The professional landscape architecture firm uses lines of credit mostly for managing the regular shortfall of operating capital caused by the lag between invoicing for services rendered and receiving the actual revenue. In the ideal business world, the landscape architecture firm would collect the cash it needs to operate from its clients shortly after invoicing them at the time when the cash is needed to pay for operating expenses. However, because the business world seldom—if ever—works that way, the firm needs a line of credit to fill the gap between the time when the money is earned and when the client pays the bill. A line of credit is indispensable for maintaining stability in day-to-day operations, making regular payroll commitments and withholding tax deposits. There are several types of lines of credit: overdraft protection, operating lines of credit, revolving lines of credit, and bridge or swing loans. Overdraft protection covers a shortfall in the firm’s commercial checking account. The protection is commonly linked to a credit card. Overdraft protection is a service provided by the firm’s commercial banker to protect the firm’s creditors from encountering insufficient funds in the firm’s commercial checking account. The protection covers the amount of checks written against an overdrawn account. Overdraft protection is particularly useful when the firm uses a general checking account and a different payroll checking account. Sometimes transfers of funds into the payroll account from the general checking account can lag, and overdraft protection avoids an embarrassing situation when employees cash their paychecks and the transfers have not been completed. Remember that overdraft protection usually carries a fee with it. Each time the firm’s bank issues an overdraft protection, there is a cost charged to the firm’s checking account. An operating line of credit allows the firm to borrow needed funds when it has a cash shortfall and repay the borrowed funds when cash is available. The firm uses an operating line of credit for temporary cashflow problems and is required to pay at least the interest amount on a monthly basis.

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Lenders typically set up an operating line of credit due and payable in a 1-year period. Lenders usually require that the line of credit be reduced to a zero balance during the year the line of credit is provided. They often allow the zero balance to be achieved at the time when the line of credit is renewed each year. If the firm’s financial condition remains healthy at the time of the annual renewal, the lender renews the line of credit, and, if there is an outstanding balance due, the amount necessary to pay the line down to a zero balance is borrowed from the renewed line of credit. The annual renewal process allows the borrower and the lender to adjust interest rates, the cap amount on the line, and any other terms desired at the renewal date. Borrowers can expect fees or points to be charged by a lender each year when the line of credit is renewed. The interest rate of a typical line of credit, as well as many other commercial loans, is frequently tied to the prime rate. The prime rate is the prevailing interest rate charged by large money center banks in the United States. It acts as a benchmark for lenders and is based on their cost of doing business. It is derived from their cost of money or the interest they pay on deposits plus overhead and profit. Loan interest rates are stated as the prime rate plus additional points, or interest. If the prime rate is 7 percent, for example, the rate for an operating line of credit or other commercial loan would be stated as prime plus 2, resulting in a loan rate of 9 percent. Good customers (owners of firms that have an established loan repayment record, good creditworthiness, the capability to personally guarantee repayment of the loan, and an established relationship with the bank) typically can obtain a loan with a low rate of .75 percent (.75 points) above prime. Firms that represent a higher risk to the bank are more likely to have a rate of as much as 3.75 percent (3.75 points) above prime rate. The higher rates result in substantially higher costs to the borrower. Armed with a clear understanding of the rate structure, a firm can negotiate on a level playing field with banks and other lenders. The firm may end up paying what it feels is a high interest rate, but the bankers will know the firm’s negotiators understand the lending jargon and the structure of the lending process. Knowing that rates are ne-

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gotiable and that banks are competing with each other allows the borrower to negotiate with some leverage. Once an operating line of credit is in place, it may function as a quasi-long-term-loan if the line of credit is collateralized by accounts receivable and renewed year after year. Unless the landscape architecture firm is extraordinarily profitable, there may not be a convenient way to eliminate the operating line of credit. It becomes an operating fact of life as long as the interest is paid regularly, the firm’s credit remains good, and the line of credit is renewed each year at generally favorable terms. The interest is viewed as an annual cost of doing business. The firm focuses on preventing large fluctuations and significant reductions in its accounts receivable. The firm wants to avoid a major dip in receivables that would require a large pay down of the operating line of credit, severely impacting cash-flow management. A revolving line of credit is similar to an operating line of credit. A revolving line of credit may be extended for as much as 3 years and does not require annual payment down to a zero balance. During the period that the loan acts like an operating line of credit, the firm can draw against it and pay down the principal as cash flow allows, paying at least the interest on a monthly basis. At the end of the term of the revolving line, the principal must be paid or converted to a term loan. Landscape architecture firms use revolving lines of credit to finance expansion when the exact amount needed to finance the growth can’t be determined. The expansion plan should illustrate a solid return on investment to ensure that the lender will be comfortable that the loan can be repaid (Lister 1995). A swing loan is a short-term line of credit that is used to finance a need where a delay in receiving the revenue is forecast. For example, the firm may be purchasing a new office, and the closing date is October 1, but the closing date on the sale of the old office is not until November 15. In this case, the firm could approach a lender for a 45-day swing loan to cover the need for the closing funds for the new office until the funds are received from the sale of the old office. A landscape architecture firm might also use a swing loan to mitigate profits near the end of

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the fiscal year. If a firm realizes that it is having a good year and will be extraordinarily profitable, but profits are tied up in a large amount of accounts receivable toward the end of the fiscal year, the firm may use a short-term loan collateralized by the outstanding receivables to pay bonuses to its owners and employees in order to mitigate the tax bite on its profits. The firm can pay back the short-term loan 30 to 60 days later in the new fiscal year when the accounts receivable are received.

Leasing One method of acquiring assets such as vehicles, equipment, and furniture is leasing. This method of financing capital expenses catapulted into popularity in the 1980s because of favorable tax credits and depreciation allowances. Leasing has continued to be a viable option for securing equipment today in the twenty-first century. Leasing makes sense when equipment, or vehicles, for example, are turned over every 2 to 3 years. When interest rates are high and bank financing is hard to obtain, leasing may be viewed more favorably than purchasing. When interest rates are moderate to low and debt financing is readily available, leasing loses some of its glamour. Making a definitive statement of what circumstances make leasing more favorable than purchasing or vice versa is very difficult, but leasing usually provides the following advantages over purchasing an asset: ■ ■

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Leasing requires a lower initial cash outlay. Leasing allows the asset to be treated in one of two ways for financial management purposes: (1) as an operating expense, or (2) as a capital asset. The administrative process of leasing many items such as computers, equipment, or furniture is quick and easy and avoids the lengthy and uncertain process of applying for a loan. The asset is obtained and put to use quickly. Once a track record is established with a leasing company, the process of obtaining new lease financing is very easy.

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The lease can be structured so that the asset may be purchased at the end of the lease for fair market value or even for a price below the probable market value. Many leases are structured as closed-end leases where the lessee can return the equipment at the end of the lease with no further obligation. When a firm’s borrowing capacity is low or a loan request is turned down by a bank, leasing companies may be a willing financial partner. Leasing companies or equipment vendors are usually interested in packaging an attractive deal. Leasing-company personnel tend to be easy to work with and accommodating. A firm may be able to negotiate a master lease, such as a leasing line of credit. When equipment or furniture is needed, it is added to the lease without going through the process of negotiating a lease agreement again. The monthly payment will be adjusted to cover the new assets. The leasing company usually bears the impact of obsolescence. If the risk of obsolescence is high, leasing may be more attractive than purchasing equipment.

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The operating lease The capital lease

An operating lease allows the landscape architecture firm to report the lease payment as an operating expense on the firm’s financial statement. The asset is expensed and not depreciated. The firm is not required to show an asset or liability on its financial statement. The operating lease transaction preserves the firm’s ability to obtain debt financing because the operating lease doesn’t increase the firm’s reported debt load or its debt-to-equity ratio. A capital lease, on the other hand, treats the asset as if it were purchased with cash or funds from a loan and financed by debt. The dollar amount of the lease appears as an asset on the firm’s balance sheet. The asset is depreciated, and the dollar amount

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of the lease is shown as a liability on the balance sheet. The common criteria used to determine if a lease is considered a capital lease for accounting purposes are: 1. If ownership of the asset is transferred to the firm at the end of the lease payments 2. If the lease contract allows the firm to purchase the asset for less than fair market value at the end of the lease term 3. If the lease amount is equal to or greater than 75 percent of the economic life of the leased asset One of the confusing issues related to leasing is how the IRS views the lease. Both the lessor and the lessee must agree on who will report the lease as an asset and take advantage of the depreciation and tax benefits. If the leasing company treats the asset as if they own it, the landscape architecture firm will show the lease payment as an expensed item for tax purposes. Automobiles, for example, are normally leased this way, with the lessor depreciating the vehicle and the landscape architecture firm expensing it. If a lease meets the following guidelines, the leasing company, not the landscape architecture firm, will show the asset on its balance sheet and include depreciation of the asset as a cost on its income statement: ■

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The term of the lease is less than 80 percent of the useful life of the asset. The value of the asset at the end of the lease (its residual value) must be 20 percent or more of its original cost. The landscape architecture firm must have purchased the asset for at least its fair market value. The leasing company has not paid or guaranteed payment of any part of the original cost of the asset. The leased equipment must not be so specialized that no one except the landscape architecture firm may use it when the leasing term is complete (Lister 1995).

One other type of lease arrangement—the purchase and lease back of equipment—can benefit the owners of the landscape architecture firm. This

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method of financing the capital needs of a landscape architecture firm depends upon the owners’ financial strength. In this approach, the owners purchase the equipment, furniture, or other capital asset and then lease the asset back to the firm. In this way, the firm obtains the equipment or furniture it needs and the owners benefit from the depreciation write-off and the income earned on the lease. Another application of a purchase-and-leaseback arrangement involves a third party. For example, a landscape architecture firm owns its office building and has depreciated all or most of it over 30 years. The firm’s owners decide they don’t want to move from the building, but they would like to capture the equity in the real estate. They seek a third party to buy the building and negotiate with the new owner to lease back the building so that the firm can stay in it. The owners can use the funds from the sale to fund a recapitalization of the firm or to make a large contribution to their retirement program, for example.

Government-Backed Loans Although many federal grant and loan programs exist, small businesses such as landscape architecture firms often look first to the Small Business Administration (SBA) for loan assistance. The SBA, which is established under the Department of Commerce, assists small businesses by providing advisory services, education, and financing. The SBA facilitates borrowing for small firms that otherwise cannot obtain funds from banks or other lending institutions on reasonable terms. Most of the SBA’s financial assistance comes in the form of loan guarantees made to a bank or a lending institution. The SBA historically has guaranteed more than $10 billion annually. The SBA has a variety of loan programs falling under their 7(a) Guarantee Programs, which are the most popular of the SBA’s loan guarantee programs and make up about 80 percent of the SBA’s loan guarantees annually. The SBA works with local banks and lending institutions across the country to make the federally guaranteed loans available to borrowers. The 7(a) program means that lenders are willing to structure their own loans by SBA standards. The SBA does not fully guarantee the loans

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and the terms are negotiated with the bank. There are four key elements of negotiating the terms of an SBA loan: ■ ■ ■ ■

Maturity Interest Percent of guarantee Guarantee fee

The maturity length of the loan is based on what the loan is financing. Working capital typically carries a 7–10-year maturity. Machinery or equipment loans can have anywhere from a 10-year to a 25-year maturity based on cost and depreciation. A loan for the purchase of real property or the purchase of a business can carry up to a 25-year maturity. The interest rate on an SBA loan is tied directly to the prime rate. Typically, the SBA loans carry variable rates that don’t exceed 2.5 percentage points above the prime rate. The SBA guarantees only a maximum of 75 percent of the loan amount, and the maximum SBA exposure is also capped at $1.5 million for any single business. The lender also pays an SBA guarantee fee that is passed onto the borrower. The fee can be as low as .25 percent to as much as 3.5 percent for large loan amounts. The SBA budget for the year 2009, for example, included $28 billion in guaranteed loans for small businesses to be used for working capital and other business expenses. Applications for SBA loans are made through the landscape architect’s local bank. The greatest problem to overcome for SBA funding is the extensive amount of paper work and follow-through necessary to secure the funding. Other SBA loan programs include a lowdocumentation loan program, loan programs for economically or socially disadvantaged borrowers, loans to assist handicapped individuals, loans for veterans, disaster loans, and loans for companies that have been injured or displaced by a government act. The small business set-aside program and programs of financial assistance to women and minorities that are funded by the SBA may be particularly relevant to many small landscape architecture firms. The SBA has developed many programs that are designed for women who want to own their own firm. Another funding program particularly suited to landscape architecture firms is the SBA-backed mortgage, which allows the purchase of an office

building with a 10 percent down payment and a 90 percent mortgage. The SBA-backed mortgage is one way for some firms to purchase their office space when the 20 percent to 25 percent down payment for a typical mortgage on commercial property is not available. The SBA-guaranteed commercial mortgage loans also allow many of the closing costs to be financed, further reducing the out-of-pocket costs to the firm. The SBA programs, qualification criteria, loan requirements, and availability of funds change with the ebb and flow of politics in Washington. The best advice for a landscape architecture firm contemplating the pursuit of SBA-backed financing is to make contact with the nearest SBA office and let the government representatives provide assistance in matching the best current loan program to the needs of the firm. The SBA also has a very helpful Web site for information on the programs, www.sba.gov. The Web site includes information on how to access four helpful resources: ■ ■

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Over 60 SBA district offices Over 1,000 small business development centers (SBDCs) throughout the country SCORE volunteers that advise small business owners; there are over 10,000 volunteers throughout the country Over 90 SBA Women’s Business Centers throughout the country

The Web site also includes other helpful resources such as a free online business planning course, business plan templates, a checklist of SBA required documents for SBA loan guarantees, and SBA forms (www.sba.gov/smallbusinessplanner).

How Lenders Evaluate a Loan Request The Five Cs According to Kate Lister and Tom Harnish, in their excellent book Finding Money: The Small Business Guide to Financing, the five Cs are still the bottom-line standards that lenders use to evaluate whether a borrower is creditworthy. The landscape

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architecture firm and its principals will be evaluated on “Character, Capacity, Collateral, Capital, and Conditions—the five Cs of credit” (Lister 1995). A current Google search of the question, “How do lenders evaluate a loan?” still brings up the Lister and Harnish book as a key citation. Character. According to Lister and Harnish, the character of the firm’s owners is at the top of the credit evaluation list. Lenders will examine whether a landscape architecture firm and its owners have received credit in the past and have paid their bills. The lender will run a credit check on the firm and on its owners. Past credit patterns of use and abuse indicate how debt will be managed in the future. Poor money management, excessive consumer credit, late payments, and missed payments by the owners of a firm in either their personal finances or the finances of a previous business are likely to influence the way owners run the business of the landscape architecture firm in the future. The lender will request a credit report from one of several local or national credit agencies that track the lending history of individuals and firms. Local credit agencies are listed on the Web or in the local phone directory. The three largest national personal credit reporting agencies are: ■

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Experian P.O. Box 2002 Allen, TX 75013 1-888-397-3742 www.experian.com TransUnion 2 Baldwin Place P. O. Box 1000 Chester, PA 19022 1-800-888-44213 www.transunion.com Equifax P.O. Box 740241 Atlanta, GA 30374 1-800-685-1111 www.eqifax.com

Just like personal credit reporting agencies, there are business credit reporting agencies that collect information about businesses’ credit payment history, which is made available to lenders.

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The three main business credit reporting agencies are D&B, formerly Dunn & Bradstreet, Experian Business, and Equifax Business. There are other business credit reporting bureaus that often provide information supplementary to the main three. These include ClientChecker, BusinessCreditUSA, and FDInsight, to name three more. D&B is most known for the D-U-N-S numbering system, which is recognized throughout the world as the most used method of identifying and tracking businesses. D&B’s global commercial database contains more than 100 million businesses, which is one of the reasons why banks and lending agencies often go to D&B first for business credit information. D&B uses its proprietary PAYDEX numerical evaluation system based on promptness of payments to creditors for commercial organizations in a manner similar to personal credit scores. Experian Business uses a method of business credit scoring similar to D&B’s. Equifax Business provides credit scoring in a wider range of types of scores. ClientChecker is a credit reporting bureau that started in 2003. It targets small businesses, freelance professionals, and contractors seeking information to help them determine which other companies they should do business with. ClientChecker Business Credit Reports provide a comprehensive summary of users’ trade payment experiences with their clients. Business Credit Reports are created when the users of ClientChecker and BillingTracker invoicing software report that their clients have paid on time, late, or not at all. Knowing what credit reporting companies have to say about the firm and its owners is vital when attempting to secure a loan. The best advice regarding credit reports is to keep them as clean as possible. By obtaining a credit report from each of the major national credit bureaus, unfavorable or incorrect information may be corrected. In 1970, Congress passed the Fair Credit Reporting Act, which requires credit bureaus to delete information from a credit history that is inaccurate or that cannot be verified as truthful by the bureau. There is also a statute of limitations on the length of time that credit agencies may keep adverse information on a credit report. In order to have negative credit information removed from a credit report, the landscape

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architecture firm must notify the credit reporting agency and submit a dispute letter. If the credit bureau cannot verify the accuracy of the information from the creditor, the bureau is obligated to remove the information from the credit report. The firm should obtain credit reports from local agencies, from the big three credit reporting companies, and from the business reporting companies to verify that each report contains only accurate information. If a problem exists on one agency’s report, the firm should check the reports of the other major agencies to see if the credit problem also exists on their reports. If the dispute cannot be resolved, the firm can have the credit agency include a summary of the firm’s version of the disputed information in its file and in future reports requested by creditors. If credit problems exist and cannot be removed from the report, be honest with the prospective lender. Try to avoid having a credit problem become an issue by addressing it up front. In addition to having the credit bureau report your version of the dispute, prepare a written statement of any extenuating circumstances and how the conditions that led to the credit problem have been resolved so they are less likely to occur now and in the future. The fact that you are aware of a previous credit problem and have taken honest steps to correct it may be enough for a prospective lender to discount the problem. References and what people have to say about the character of the firm and its owners are very important to the prospective lender. Select several people who can provide a positive reference for the firm and its owners. Provide the names, addresses, and phone numbers to the lender and encourage the lender to contact the references. Capacity. The second of the five Cs is capacity. Can the landscape architecture firm and its owners pay off the debt? Lenders will examine the actual and projected growth rate of the firm’s revenue and profits. They will examine financial statements carefully, looking for stability in income and expenses. They will ascertain whether the firm has the cash flow available to service the loan. They will look at the relationship between the firm’s debt and equity (the debt-to-equity ratio). They will ask about expected revenue, work in progress, contracts received, and future workload outlook.

Lenders are likely to reconfigure the firm’s financial statements and look at various business ratios that serve as a barometer of the firm’s financial condition. The main ratios reviewed by lenders include liquidity ratios, such as the current ratio, and leverage ratios, such as debt to net worth. Calculating these ratios from the firm’s financial accounting information is covered in the next chapter. Lenders will examine the firm’s aging reports of accounts receivable and accounts payable. They will examine the firm’s profitability, gross profit and net profit as a percent of revenue. They will examine operating expenses as a percent of revenue, and they will ascertain the accounts receivable turnover ratio, which is also discussed in Chapter 6. Lenders may also convert financial statements to cash-flow projections. Assessing the firm’s capacity using ratio and direct analysis of financial statements before approaching a lender can identify problems with the firm’s financial performance. The firm can take corrective measures before approaching the lending institution, or prepare explanations of corrective measures based on forecasts of future workload and profits to use in negotiating with a prospective lender. Workload projections and financial projections are extremely useful in negotiating with a lender. Projections must be part of the firm’s planning tools. Not only are they useful in presenting materials to a lender, but they allow the firm to accurately determine its ability to generate revenue and profits to service the debt obligations. Workload and financial projections are also covered in Chapter 6. Collateral. The third of the five Cs, collateral, is the cash equivalent used by a lender as a guarantee of funds to pay back the debt. Here landscape architecture firms have a small advantage over manufacturing, wholesale, and retail operations. Lenders often prefer accounts receivable as collateral over machinery, equipment, and inventory. The personal assets of the firm’s owners and personal guarantees on business loans are also important. Cash is the supreme form of collateral. A landscape architecture firm that is cash rich will have little trouble securing a loan if cash is the primary source of collateral. Accounts receivable are next in line. Typically, lenders will loan up to 80 percent of the value of accounts receivable under

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ninety days old. Equity on real estate owned by the landscape architecture firm is also a good source of collateral. Typically, a lender will loan 75 percent to 80 percent of the value of equity on real estate. Furniture and equipment such as computers command a lower percentage of collateral value, typically 10 percent to 50 percent. Capital. The fourth of the five Cs is capital. How much capital is the landscape architecture firm risking? Firms that carry a higher debt load have a higher risk of financial failure than firms that carry less debt. Lenders traditionally examine the firm’s debtto-equity ratio as an indicator of risk. Generally speaking, lending institutions and banks prefer granting loans to firms when owners have a large stake in the business. Red flags go up for lenders when they see a firm’s total debt is more than three times the owner’s or shareholder’s equity, or when the debt-to-worth ratio is greater than 3:1. The debt-to-equity ratio, for which the calculations are illustrated in Chapter 6, is based on information taken directly from the firm’s balance sheet. The information on the balance sheet should be reviewed to discover if any existing conditions will allow recasting the balance sheet in order to improve a debt-to-equity ratio higher than 3:1. The firm’s accountant can be very helpful by looking for items such as undervalued assets that are highly depreciated and friendly debt, such as loans by owners that may be subordinated to a new loan by a bank or other lender. For example, Ace Landscape Architects has a balance sheet that shows assets of $100,000. One of the assets is a building that has been depreciated to a value of $50,000 carried on the books but is now worth $150,000. The balance sheet also shows outstanding loans to the owners of $30,000. These loans have been carried on the balance sheet for many years and are not being repaid. The balance sheet shows owner’s equity of $45,000 and liabilities of $180,000, a debt-to-equity ratio of 4:1. If the asset value is adjusted to $150,000 based on the market value of the office building, and the $30,000 debt to the owners is subordinated to the loan being requested, the assets are recast for a total of $200,000, increasing the owner’s equity to $145,000, and effectively removing $30,000 in

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liabilities. The new debt-to-equity ratio is 1.03:1, or $150,000 to $145,000. The message in this scenario is to understand the true value of a firm’s assets and liabilities in calculating the worth of the firm and its borrowing potential based on the debt-to-equity ratio. Conditions. The last of the five Cs is the conditions under which the firm is requesting a loan. The lender will examine the economy, both national and regional, the state of the landscape architecture market, and any other conditions that might impact the firm’s ability to repay the debt. Workload and job-development projections that indicate rosy expectations of future revenue are very helpful for convincing a lender that economic and market conditions are healthy. Knowledge of current events in the national and regional economy can impress a lender, too. If the landscape architect can quote local economic forecasters with facts and figures that indicate a housing, commercial, or industrial boom, the lender will be reassured that future revenue opportunities for the firm are optimistic. If the landscape architect can point to a large bond issue that will result in a huge increase in public works opportunities or school spending, a lender may feel comfortable that the firm will capture a projected part of the fees. If the national and local economies are depressed, on the other hand, the landscape architect will have considerably greater difficulty in persuading a lender to make a loan. Recessions, such as the 2008 to 2010 worldwide financial meltdown, will significantly affect the potential for a landscape architecture firm to obtain adequate business financing, especially for expansion. There was a significant reduction in the amount of business capital available and the capital only went to firms with excellent credit ratings during the deep recession that started in December 2007. Some firms even had notes and lines of credit called as banks were spooked by worldwide lending practices and the bursting of the housing bubble.

Personal Guarantees Most landscape architecture firms are small businesses owned by one or a few individuals. Whether

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the firm is structured as a sole proprietorship, partnership, or corporation, the principals and owners are the business. Regardless of the structure of the firm, even if the structure is a corporation intended to shield the individual owners, a lender will look to the owners to personally guarantee repayment of borrowed funds. Personal guarantees have proliferated since the savings and loan crash of the late 1980s and are now a common practice. They are required not only by banks and lending institutions but also often in consumer loan and leasing documents and leases. Lenders subscribe to the school of thought that if the owner or owners of a landscape architecture firm are not willing to risk their personal assets, then neither should the lenders risk theirs. Lenders typically use joint and several clauses for personal guarantees. A joint and several clause makes each of the guarantors responsible for the entire loan, even if the borrower is a corporation or if there are three partners who sign the loan documents and each has only one-third of the financial responsibility of the firm. A personal guarantee set up as a joint and several clause for a lease agreement is typically worded as follows: ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■

The undersigned, jointly and severally, guarantee payment of all amounts owing under this Lease Agreement and the payment upon demand of the amount owing on said lease in the event of default by the Lessee, Ace Landscape Architects. Undersigned waives notice of default, notice of performance, demand for performance, notice of nonperformance, protest, notice of protest, and any and all other notices to which the undersigned would be otherwise entitled by law. Undersigned agrees to pay all amounts owing upon demand without requiring any action or proceeding against the Lessee and specifically waives any right to require action against Lessee or undersigned as of any indebtedness, liability, or obligation of the Lessee under the terms of this Lease. The undersigned, jointly and severally, agree to pay Lessor a reasonable attorney’s fee should Lessor retain an attorney to enforce any of the terms and conditions of this Guaranty or this Lease.

The Loan Proposal Many people approach obtaining a loan with their hat in their hands. The lender has the money they need, and the best way to get the money is to do anything and everything the lender requests of them. The lender strives to keep the lending process mysterious. Unless the borrower appears to have some financial savvy, the lender provides only enough information to execute the loan process, usually on the lender’s terms. The more a borrower knows about the lending process and finance, in general, or at least appears to know because the borrower has done some homework, the more likely the borrower will be to obtain a loan with terms that are as favorable as possible to the borrower. There are two schools of thought on how to go about making a request for a loan from a bank or other lending institution. The first approach is to call up a bank or another lender and ask what information they will require. Assemble the information. Meet with the lender (hat in hand) and negotiate the terms of the loan. There is nothing wrong with this approach, and with the busy schedule of many professionals, it may be the only practical approach. This call-up-the-lender approach will have more favorable results if the borrower has some knowledge of banking, accounting, and finance and is capable of answering the lender’s questions and reacting to terms as they are offered by the lender. The second approach is for the borrower to prepare a written loan proposal illustrating that he or she understands the loan process, has a good grasp of the business of landscape architecture, and has the necessary financial information about the firm for a lender to make a loan decision. The bottom line of a loan proposal is to request the amount of financing and spell out the terms that the firm would like to achieve. The proposal doesn’t have to be slick, but it should be organized and complete. A clear loan proposal with an up-to-date financial statement and other financial documents will go a long way toward impressing a lender and greasing the skids of the loan process. It also is a good way to go shopping for a loan or get competitive quotes from several lenders. A loan request proposal puts the landscape architect in more control and even can result in lower interest rates.

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A loan proposal might include the following: A. An executive summary of up to four pages that includes the following information: 1. A brief overview of the firm, how long the firm has been in business, and its major clients and projects 2. The amount of money the firm wants to borrow 3. The type of loan desired (long- or shortterm, operating line of credit, or swing loan) 4. The purpose of the loan 5. How the firm plans to generate the funds to repay the loan 6. A description of available collateral 7. A summary of the firm’s current financial status, profitability, and key financial ratios B. Supporting information can be included in the form of attachments: 1. Three years of financial statements 2. Three years previous federal tax returns 3. Current work in progress and workload projections 4. Aged accounts receivable report 5. Aged accounts payable report 6. Table of collateral values 7. Personal financial statements for the firm’s owners 8. Sample of the firm’s project cut sheets Impressing a lender with a well-constructed loan proposal has the added benefit of speeding up the approval process, which may be important if the firm needs the financing quickly (Lister 1995).

Trade Credit One of the most valuable forms of credit available to the landscape architecture firm is trade credit—the unsecured financing offered to a firm by its suppliers, vendors, and the other professional firms that provide subconsulting services to the landscape architecture firm. The landscape architecture firm relies on a variety of suppliers of services and products to carry

on the business of providing professional services. Landscape architecture firms typically use some of the following suppliers and vendors. The suppliers and vendors can be local or Web-based, but trade credit typically works best with local vendors. ■ ■ ■ ■ ■ ■ ■

■ ■ ■ ■ ■ ■ ■ ■ ■ ■

Internet access companies Web design and management companies Photocopy businesses Printing companies Drawing and drafting materials suppliers Stationery and business card supplier Photographic companies for specialty printing Office products businesses Office equipment suppliers Office cleaning companies Long-distance phone service companies Phone service, land, and cellular Utility companies Insurance companies Gasoline companies Computer technicians Allied professionals such as architects, engineers, graphics professionals, and others

Because vendors and suppliers of services want to do business with the landscape architecture firm, their terms are more lenient than those of a bank or lending institution. They are likely to extend credit without asking a lot of questions, and they typically won’t ask to see the firm’s financial statement or other business information. They may have an application form, which usually asks for the names of other trade references used by the firm. In effect, they become trade partners, and the success of their business is tied to the success of the landscape architecture firm’s business. Realistically, a landscape architecture firm would probably elect to find another business trade partner if a vendor or supplier were not willing to extend trade credit to the firm. Trade credit may be extended for 15, 30, 45, 60, and even 90 days. The money the firm spends with trade credit partners is effectively an interestfree loan for the amount of time the trade credit is extended. If the trade credit is not abused by the landscape architecture firm, it is a valuable source of operating finances.

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Table 5-1. The Financing Value of Trade Credit at a Small Firm with Two Principals and Three Staff No.

Product or Service

15–30 Days

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22

Utility service (e.g.. gas, electric) Internet, cable and phone service Cellular service Long distance phone service Health insurance (75% paid by firm) General and liability insurance Automobile insurance Professional liability (E & O) insurance Office cleaning company Office supplies including paper In-house large format printing machine lease Outside large format printing company Stationary and business card supplier Photocopy services Gasoline credit card Computer technician Office equipment supplier Web site manager Architect Civil engineer Public relations firm Computer simulation consultant

$ 300.00 $ 200.00 $ 200.00 $ 100.00 $ 2,625.00

Totals: Interest saved at 1.5% per month: Total 90-day trade credit and interest saved:

In the case of allied professionals, the trade credit may be 90 days or even longer because of the time it takes for the landscape architecture firm and its allied professional partner to do the work and generate an invoice. The invoice needs to be received and processed by the landscape architect’s client. Payment must be made and received by the landscape architecture firm. The revenue must be deposited in the landscape architecture firm’s account, and then the firm’s project manager or owner must authorize payment to the allied professional and a check or direct transfer must be made. All of this takes time. In cases where the landscape architecture firm’s client is a public agency, the time required can be excruciatingly long because of bureaucratic handling time, and 3 to 6 months for payment is not uncommon. That in effect is 3 to 6 months of trade credit extended to the landscape architecture firm. For products and business services, the amount of trade credit and the length of the terms vary with suppliers. The phone company, cellular service

60 Days

90 Days

$ 500.00 $ 200.00 $ $ $ $ $

400.00 75.00 150.00 250.00 250.00

$ 75.00 $ 200.00 $ 250.00 $ 250.00

$ $ $ $ $ $ $ $ $

50.00 400.00 200.00 75.00 200.00 1,500.00 3,000.00 1,500.00 1,500.00

$ 75.00 $ 400.00 $ 200.00 $ 75.00 $ 200.00 $2,500.00 $2,000.00 $ 1,500.00 $ 1,500.00

$ 12,975.00 $ 194.63

$ 9,925.00 $ 148.88

$ $ $ $ $ $ $ $ $ $ $ $ $ $

75.00 200.00 250.00 250.00 200.00 50.00 400.00 200.00 75.00 200.00 1,000.00 2,500.00 1,500.00 1,500.00

$ 8,400.00 $ 126.00 $ 31,769.50

companies, and utilities are likely to provide only 15 to 30 days of credit before service is threatened. Office supply businesses and printing companies may provide up to 90 days of trade credit before they demand payment. Insurance companies may set up quarterly or semiannual payment terms. Whereas trade credit is used throughout the business life of a landscape architecture firm, it is also a vital component of starting a firm. The trade credit scenario illustrated in Table 5-1 shows how much financing might be provided over a 90-day period for a small firm with two principals and three staff. Table 5-1 shows the level of spending for services and supplies that might occur in a small landscape architecture office over a 90-day period. The total amount that is “borrowed” by using trade credit, including the interest saved, is $31,769.50. Although the business world doesn’t work exactly like this scenario, the table does point out the potential value of trade credit in financing the everyday operations of a landscape architecture firm. By the end of 120 days, the firm will have borrowed

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almost $40,000 with no interest and is obligated to pay only the oldest accounts of 90 days and those accounts that will grant the firm only 15 to 30 days credit, a total of $12,975.00. The landscape architecture firm should never abuse trade credit. Suppliers of services and products can put the firm on COD if accounts become excessively overdue, and COD terms will cause a hardship on day-to-day operations. Taking advantage of trade credit, nevertheless, should be a standard operating procedure to the extent that the firm’s owners are comfortable with the practice. A good rule to follow is to pay up trade credit totals when the firm is cash rich. Paying off trade credit balances periodically will improve the relations with the firm’s trade credit partners. The firm may use a number of approaches to increase trade credit opportunities, leading to improved cash flow by managing the firm’s accounts payable:

■

■

■

■

■

■

Establish exclusive business agreements with the firm’s key vendors and suppliers of services in exchange for longer payment terms. “You scratch my back, I’ll scratch yours.” Sometimes exclusive trade arrangements will even result in discounts for the landscape architecture firm. Use a lag time from when an invoice is received until it is entered into the firm’s payables system. This float period can add up to another month of time to the aging of each account payable. Let vendors know that you are willing to personally guarantee payment of accounts. Set up a special interest-bearing account for accounts payable. The interest earned on the account after 90 days, for example, will result in additional revenue available to make payments, a self-created discount. Agree to pay higher prices for supplies and services if the longer payment terms are granted. Let suppliers know when you’ve found more competitive prices. They might match the lower prices. This works very well with larger, national franchise companies and in Internet commerce.

■

■

■

■

Offer to trade services in payment of accounts, thereby preserving cash. Communicate with suppliers and vendors when the firm’s payments will be late. Creditors appreciate the honesty and will often grant a longer grace period. Keeping trade credit partners in the dark tends to make them nervous about the firm’s ability to pay. Letting them know the firm has a short-term cash-flow problem quiets the nerves. Refuse to pay interest to trade partners if they attempt to charge interest on overdue accounts. Don’t sign contracts with suppliers, vendors, and especially allied professionals that have interest clauses.

Summary—Planning, Action, Adjustment Financing a landscape architecture firm is a business fact of life. In today’s world, it is unrealistic for the landscape architectural entrepreneur to expect clients to pay COD for professional services as they are performed. It also is unreasonable to expect to operate a business on a cash basis. Unfortunately, the business world does not operate that way and hasn’t for the last century. Timely collecting and upfront retainers may put cash in the hands of the landscape architect sooner rather than later, but financing the operations of the firm through the lag time between providing the professional services, invoicing for them, and receiving payment for the services is a necessity. Purchasing equipment, computers, furniture, and supplies is a necessity. Travel may be a necessity. Without a business plan to obtain the financing needed to start, maintain, and continue the operation of the landscape architecture firm, success is doubtful. To effectively manage the financing of the landscape architecture firm, the owners and principals must embrace two activities: 1. Planning 2. Action and adjustment

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Planning If you don’t know where you’re headed, you won’t know what kind of financing or how much money will be needed. Writing a business plan forces the owners of the firm to focus on business strategy, financial goals, and the financing needed to implement the strategy and achieve the goals. Why start a business to begin with if financial goals are not one of the primary motivations? The process of working through a business plan is as important as the actual document. Although elements of a written business plan vary, the following topics are usually considered in most plans:

■

■

■

■

■

Executive Summary. This is the entire business plan in a nutshell. Keep it to three pages or less. Start with a draft of the executive summary, then go through the planning process and document the entire plan. After the process is completed, go back and finalize the executive summary. Description of the Firm and the Services. Start with a history of the firm and the main achievements of the principals. Describe the services offered by the firm and give examples of major projects. Organizational and Management Structure. Describe how the business is set up. Is it a sole proprietorship, a partnership, or a corporation? Who owns what percent? Who is accountable? How is responsibility shared and delegated? How is the firm managed? What is the design and business philosophy of the firm? What are the strengths and weaknesses of the principals? Competition and Market. How many other firms provide landscape architecture services in the region? How large is the market? What is your projected market share? What is your work in progress status? What is your jobdevelopment outlook? (See Chapter 8 for more information of what might be included in this section of the business plan.) Growth Projection. Every lender wants to know how and in what way the firm intends to

■

■

■

grow. Growth provides a comfort zone and an indication that the firm will be able to repay debt. What revenue projections are associated with the anticipated growth of the firm? How will the costs associated with growth increase the firm’s operating costs? Does the firm need to purchase capital equipment related to growth projections? Will the costs of anticipated growth cover the costs of expansion? Risks. Discuss the risks and impediments to the firm’s operations. What will happen to the firm’s operations, revenue and profits if growth does not occur? What external factors, nationally and regionally, may impact operations? What is the worst-case scenario, and what is the firm’s contingency plan to deal with it? Financial Information. Include past, current, and projected revenue as well as past, current, and projected financial statements for 2 to 3 years. Include a projection of accounts receivable showing how an increase will be available to offset the finance costs. Identify the amount of equity in the firm and if any additional equity contributions or sources are planned. Supporting Information. In this section, which can be set up as an appendix, include information that supports the business plan, such as re´ sume´ s and job descriptions of the owners, principals, and key staff and copies of significant contracts. Also include the firm’s strategic plan and marketing plan, or excerpts from them. You may also include photographs and descriptions of projects.

When the business plan is worked through and written, use it with lenders. It would be part, for example, of a loan request, or the information would be used to develop a loan proposal. Review the business plan at regular intervals. Rehash it. Rewrite it so that it is always current and relevant. There are numerous helpful Web sites that provide templates and other help for developing a business plan, including the Small Business Administration (SBA) that was mentioned earlier. The

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SBA’s Web site includes a detailed step by step guide for developing and writing a business plan.

Action and Adjustment One element of a successful landscape architecture practice is keeping current with market conditions and tracking the success of the firm as measured against the market and the success of other firms. If the firm provides a good service, meeting income and profit expectations, then the firm keeps going. If the firm consistently underperforms, and revenue does not meet projections and expectations, ask yourself why. If there is a reason and it can be resolved, develop and implement an action plan to solve the underperformance. If the firm consistently underperforms expectations, on the other hand, have the courage to close it and find a new employer. Constantly evaluate the level of debt taken on by the firm in terms of the benefit achieved by incurring the debt or by contributing additional equity financing. If the firm has a consistent track record of stability and sustainability, determine why so that successful actions may be continued. For the established firm with a history of business stability, there is nothing wrong whatsoever with a business goal of continuing that stability. If analysis indicates that capital financing may solve underperformance or may make it possible to achieve superior performance, develop an action plan to secure the necessary financing. Get out and find the money. Be willing to take the risk necessary, because the rewards can be exhilarating. Action and adjustment related to business trends are the keys to successful financial management and the financial success of the firm. Every landscape architecture firm can be financially successful. The owners must do everything in their power to ensure the financial continuity of the firm. Remember the old adage, “You need money to make money.” The financing is out there if you act and adjust.

REFERENCES Bates, James, and Desmond L. Hally. 1982. The Financing of Small Business. London: Sweet & Maxwell.

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Federal Trade Commission. 1992. Facts for Consumers: Fair Credit Reporting. Washington, DC: Office of Consumer/Business Education, Bureau of Consumer Protection. Heath, Gibson. 1995. Getting the Money You Need: Practical Solutions for Financing Your Small Business. Homewood, IL: Irwin Professional Publishing. Hermanson, Roger H., James Don Edwards, and L. Gayle Rayburn. 1989. Financial Accounting. Homewood, IL: Irwin Professional Publishing. Levin, Dick. 1983. Buy Low, Sell High, Collect Early and Pay Late: The Manager’s Guide to Financial Survival. Englewood Cliffs, NJ: Prentice Hall. Lister, Kate, and Tom Harnish. 1995. Finding Money: The Small Business Guide to Financing. New York: John Wiley & Sons. Scott, David E, John D. Martin, J. William Petty, and Arthur J. Keown. 1988. Basic Financial Management. Englewood Cliffs, NJ: Prentice Hall. Silver, David A. 1988. Up Front Financing: The Entrepreneur’s Guide. New York: John Wiley & Sons. Tuller, Lawrence W. 1991. When the Bank Says No! Creative Financing far Closely Held Businesses. Blue Ridge Summit, PA: Liberty Hall Press. U.S. Small Business Administration (SBA). “Programs and Services to Help You Start, Grow and Succeed.” Available at www.sba.gov/ smallbusinessplanner (accessed July 11, 2009).

STUDY QUESTIONS AND ASSIGNMENTS 1. Research the major national recessions since 1950 and identify the effects each had on the profession of landscape architecture. Look at where the profession was 3 years after the recession. Write a paper explaining what you discovered in your research. 2. Working in a small group, discuss what you would have done given the following scenario. The Ace Landscape Architecture Office had a very successful and growth-oriented private practice that was started in 1995 and rode the wave of expansion in the U.S. domestic housing and commercial development boom that ended with the deep recession that started in December of 2007. The firm grew from two principals and three staff employees to 30 staff

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employees in 2007. The recession, which crippled the development community, caused a significant reduction in Ace’s work in progress, job-development opportunities, revenue, and profits. The firm’s revenue peaked at $4.9 million in 2007, fell to $3.1 million in 2008, fell again in 2009 to $2.1 million, and fell to $900,000 in 2010. Discuss the measures you would have taken to reduce staff and operating costs, to deal with excess space, and to deal with the dramatic reduction in revenue. Discuss how you would have weathered the recession that significantly changed Ace. 3. Where do landscape architects find the money to start an office and keep it going? Answer this question using this book and other sources of information on finance. Use your research to lay out an individual plan for yourself and a partner to raise $100,000 to start a new firm that initially would have two staff employees. Your plan should identify how much money you would need to operate on a monthly basis and how you would fund the costs for the first year of business. 4. Chapter 5 discusses three phases of financing: ■ Start-up financing ■ Maintenance financing ■ Continuation financing Write a paper discussing the options for financing in each of the phases. 5. Discuss the differences between debt and equity financing. When is debt financing a better choice than equity financing? When is equity financing a better choice than debt financing? 6. Discuss the equity financing options available to landscape architects. Include the following and any other options you may uncover in your research. ■ Sweat equity ■ Personal savings ■ Family and friends ■ Partners: general or limited ■ Venture capital investors ■ The landscape architect’s present employer

7. Discuss the debt-financing options available to landscape architects. Include the following and any other options you may uncover in your research. ■ Short- and long-term commercial loan ■ Mortgage ■ Personal loan ■ Noncommercial loan ■ Line of credit ■ Lease ■ Government-backed loan 8. Part A: Discuss the types of short- and longterm loans used by landscape architects and the typical purposes they are used for. Part B: Identify all of the start-up costs for starting a landscape architecture firm and operating it for one year. How would you use loans to finance the start-up and operations costs? 9. What are the current advantages of leasing versus purchasing assets such as computers, plotters, automobiles, office furniture, and office space? Research how the advantages of leasing versus purchasing have changed over the last 30 years. Develop a leasing and purchasing plan for computers, office equipment, office furniture, office space, and two office automobiles that makes the most financial sense for the current leasing and lending climate. 10. Assume that you are a practicing landscape architect. Using the information in this chapter and additional research, put together a loan proposal that would provide for a $100,000 operating line of credit and a 5-year loan of $30,000 for a new computer and plotter system. 11. Write a paper that shows you understand the way trade credit is used as a financing mechanism in a landscape architecture office. 12. Writing a business plan forces the owners of a firm to focus on business strategy, financial goals, and the financing needed to implement the strategy and achieve the goals. Divide your class into four or five-person teams. Each team is to function as a design office and develop a business plan for its office.

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13. Research publicly traded landscape architecture firms and/or multidisciplinary firms that include the discipline of landscape architecture. Develop a list of the firms and do an analysis of the financial condition of five of

291 the firms. Compare debt and equity financing among the firms. Find the financial statements of the firms and analyze which of the firms have the best financial health. Decide which of the firms you would invest in.

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6

Accounting

The Landscape Architect as Financial Manager If you start a landscape architecture firm, or go to work for one, staying in business will be one of the firm’s main goals. Staying in business requires paying attention to business, and paying attention to business depends on having a reasonable understanding of financial management and accounting. Staying in business requires having enough revenue to cover the cost of operating and maintaining at least a break-even financial condition in which expenses do not exceed income over a given period of time. Accounting, which is called the language of business, provides the basic information necessary to know if the business is breaking even or operating at a profit or at a loss. Accounting provides information needed for analyzing the firm’s financial condition, studying trends, and making projections about the firm’s future financial condition. Accounting also provides the information needed for analyzing the effects of alternative financial decisions, such as different ways to expand operations of the firm, on the future financial condition of the firm. A goal of this book is to sensitize the professional landscape architect to the advantages of successful financial management and the need for at least a rudimentary knowledge of accounting. Many

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professionals have started private practices with a single financial goal: to make as much money as possible. Making money, however, is only half of the financial equation for success. The other half is managing the money. Many practitioners who start firms pay the operating costs such as rent, utilities, and computer bills, and if any money is left after the bills are paid, they pay themselves a draw or salary. Some practitioners continue operating in this mode indefinitely. Their income grows if the number of commissions and revenues increase. When there is more work than the practitioner can handle, he or she may expand the firm and hire one or more employees. Employee salary expenses and additional costs for equipment, furniture, and supplies often mean that less money is available to cover the salary of the private practitioner. If work continues to come in, there may soon be enough revenue to match the salary of the practitioner prior to the expansion. Profits may increase. If commissions become sporadic, however, and the revenue stream is inconsistent, the private practitioner will face difficult decisions. Should hours be cut back for the new employees? Should they be laid off? Can the firm cover the costs of submitting a proposal for a project that will stabilize the revenue stream if the firm is successful in competing for the project? Without accounting procedures to provide an informed basis for making a decision, the answers to

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these and many other questions will be hit or miss, and hit-or-miss financial decisions will eventually impact the business health of the private practice. If a monthly profit-and-loss statement and a balance sheet, along with other helpful financial accounting reports, are available from the inception of the landscape architecture firm, the practitioner will have the data available for making informed decisions about either the growth or the downsizing of the firm. When the landscape architect has historical financial data available about the operating costs, revenue, and profitability of the firm, he or she can base decisions about how to manage the future on actual statistics and trends rather than hunches and whims. Profitability is a financial goal of every firm. At the discretion of the firm’s owners, profits are used to reward employees, to expand the firm, or to provide a cushion for future slow periods. A profitable firm remains solvent if money is managed well. Its owners have funds to invest in the future and to continue to do what they like to do best—practice landscape architecture. If a firm incurs losses and is unprofitable, it may become insolvent and face the possibility of going out of business. The landscape architect needs two types of financial information to be an effective financial manager: financial accounting information and financial management information. Both are interrelated, and much financial management information is derived from the financial accounting information. Financial accounting provides historical information that recapitulates the firm’s monetary events that have already happened. Accounting provides orderly records of the firm’s financial events, as well as records necessary for tax purposes. Financial accounting information serves as a barometer of the financial health and well-being of the firm. As a financial manager, the landscape architect is interested in the past financial performance of the firm to serve as a guide for the future and as a means for monitoring the profitability of the firm. The income statement and the balance sheet are the two most important financial accounting reports used by the landscape architect. Together, the reports make up the firms financial statement. As a firm grows and revenue increases, different types of financial accounting reports with more detail may become

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necessary. However, the financial statement will always be the core of the firm’s financial accounting reports. The aged accounts receivable report, the aged accounts payable report, and the cash report, or checkbook register, are three other indispensable financial accounting reports. These three reports are the tools needed for day-to-day cash management. The aged receivables report tells how much revenue has been billed and how long the billed amounts have been outstanding. The aged payables report tells how much the firm owes to its creditors and vendors and how long each debt has been outstanding. Typically, aged receivables reports and aged payables reports are shown in 30-day increments. The cash report, usually showing the amount of funds available in the firm’s checkbook, tells the manager how much cash is on hand to cover the cost of operations. The cash report may include other readily available sources of cash, such as funds set aside in a savings deposit account. The cash report might also include the amount of funds the firm has available for borrowing immediately on its operating line of credit. Financial management information results from using the financial accounting information as a source of data and carrying out financial analyses to evaluate the financial health of the firm or to provide answers to what-if questions. Some financial management information uses other direct sources of financial data to make projections of future financial conditions or project management requirements. If the landscape architecture firm’s financial manager wants to know how two different courses of action for expanding the firm will affect the bottom-line profitability of the firm, he or she can use a projection of the firm’s income statement and balance sheet to illustrate, in black and white, the financial effect of each alternative. The projected financial statement, or pro forma statement, is a highly effective aid in financial decision making. Regularly calculating a number of key financial ratios is another type of financial management activity that is very helpful in managing the landscape architecture firm. Last, one of the most overlooked pieces of financial management information is the report of work in progress and a workload projection.

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Financial Accounting Information Income Statement The bottom line of the income statement, sometimes called a profit-and-loss statement or an earnings report, indicates the profitability of the landscape architecture firm for a stated period of time, such as a month or a year. The income statement enumerates revenues and operating expenses. Revenues are the inflows of assets, such as cash, that result from the firm’s services rendered. Expenses are the costs incurred to produce revenues. The difference between revenues and operating expenses is the net profit or loss. If revenues exceed operating expenses, a profit occurs; if operating expenses exceed revenues, a loss occurs. Income statements are made up of line items that represent categories of the firm’s income, such as billed revenue or interest income, and expenses, such as salaries, insurance, rent, telephone, and entertainment. Categories are individualized for each firm, but virtually all income statements will have a number of similar entries. All firms have telephone, Internet, and utility expenses, for example, and these line items typically appear on all financial statements. Finding the right level of detail is the key to developing the list of line items in the income statement. Some firms may want the detail of having a line item for each utility service, including telephone, gas service, electric service, water, sewer, online computer service, and others. Other firms find that combining all utilities together as a single line item provides sufficient information. The objective is to develop a list of line items that provides management with the most useful snapshot of the firm’s financial business activities. Income statements include the revenues and expenses for the current period, usually a month, and also for the year to date. Percentages are commonly shown for each line item and for totals in the income statement. The percentage for each monthly line item can be compared at a glance to the year-to-date percentage, highlighting whether the monthly income or expense line item is higher

or lower than the year-to-date average. The percentages provide very useful historical information for financial management of the firm. Changes in percentages will highlight where the firm’s financial managers need to monitor operations to determine why they are generating more or less income, or whether overspending or underspending is occurring. Figure 6-1 is an example of an income statement for the fictional landscape architecture firm Ace Landscape Architects. What information can be gleaned by looking at the income statement of Ace Landscape Architects? First, one can see the amount of revenue generated in the month of December ($109,616.50) and for the entire year ($1,311,659.36). The December income is composed largely of billed revenue or fees with a small amount of $360.00 coming from miscellaneous sources. The monthly expense for each line item of expenses can be compared to the year-to-date expense to see if overspending or underspending occurred. Over four times the average monthly expense, for example, was spent for office supplies, 2.87 percent in the month versus .68 percent in the year-to-date column. This highexpense item was expected, however, by the firm’s management. They had made a financial decision to increase expenses at the end of the year in order to offset the annual profits made by the firm and reduce taxable income. Stocking up the firm’s office supply cabinet was one of the ways the firm increased expenses in December. Monitoring monthly expenses against year-todate expenses by percentage of spending is a good way to use financial statements as a management tool. When a financial budget is created at the beginning of the fiscal year, the tool is even more effective. Some firms carry a third column in the income statement in order to itemize the annual budgeted amounts for revenue and for line item expenses. The actual monthly revenue and expense figures can then be compared to the budgeted monthly amount, and the percent columns for all three—budgeted, current, and year-to-date revenue and expenses—can be compared. Another way to use the income statement is to target expense items for reduction if the item increases on a year-over-year basis both in terms of actual expenses and percentage of year-to-date

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Current Mo. (December) No. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42

$

%

Income Billed revenue Miscellaneous income Total income

$109,256.50 $ 360.00 $ 109,616.50

Operating Expenses Outside consultants Reimbursable expenses Direct salaries–Principals (2) Direct salaries–Employees (5) Administrative salaries–Principals Administrative salaries–Employees (1) Fica expenses Unemployment insurance Worker’s compensation insurance Health insurance Professional liability insurance General liability and auto insurance Professional registration and fees Education, seminars, conferences Dues and subscriptions Rent Utilities (gas, electric) Internet cable provider, web host Telephone Cellular phone Postage and shipping Office supplies Auto leases Auto expenses, gas and maintenance Taxes, licenses, fees Mileage expense (use of personal cars) Travel, air, lodging Meals and entertainment Gifts and charitable contributions Promotion and advertising Storage expense Depreciation expense Amortization expense Interest expense

$ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $

Total operating expenses Net Profit or (Loss)

Year to Date $

%

99.67% 0.33% 100.00%

$1,308,003.36 $ 3,656.00 $ 1,311,659.36

99.72% 0.28% 100.00%

18,720.00 2,641.38 14,772.46 23,675.31 7,984.70 3,460.00 3,816.77 399.14 139.50 5,200.00 496.00 625.67 360.00 25.00 60.00 3,675.00 324.98 115.00 376.35 212.60 76.00 2,765.91 1,155.75 674.34 125.00 564.89 256.00 1,216.50 550.00 125.00 120.00 987.65 256.76 356.78

19.44% 2.74% 15.34% 24.58% 8.29% 3.59% 3.96% 0.41% 0.14% 5.40% 0.52% 0.65% 0.37% 0.03% 0.06% 3.82% 0.34% 0.12% 0.39% 0.22% 0.08% 2.87% 1.20% 0.70% 0.13% 0.59% 0.27% 1.26% 0.57% 0.13% 0.12% 1.03% 0.27% 0.37%

$ 272,128.00 $ 31,427.90 $ 177,469.55 $ 279,365.98 $ 69,371.42 $ 41,520.00 $ 43,431.11 $ 4,541.82 $ 1,687.95 $ 62,400.00 $ 6,552.00 $ 7,445.87 $ 2,870.00 $ 2,411.12 $ 1,124.00 $ 44,100.00 $ 4,050.79 $ 1,380.00 $ 4,666.74 $ 2,540.75 $ 843.66 $ 7,918.45 $ 13,869.00 $ 7,989.66 $ 1,512.50 $ 6,424.23 $ 2,760.25 $ 4,612.45 $ 1,450.00 $ 1,500.00 $ 1,440.00 $ 38,885.54 $ 3,900.09 $ 7,232.65

23.44% 2.71% 15.29% 24.07% 5.98% 3.58% 3.74% 0.39% 0.15% 5.38% 0.56% 0.64% 0.25% 0.21% 0.10% 3.80% 0.35% 0.12% 0.40% 0.22% 0.07% 0.68% 1.19% 0.69% 0.13% 0.55% 0.24% 0.40% 0.12% 0.13% 0.12% 3.35% 0.34% 0.62%

$ 96,310.44

100.00%

$ 1,160,823.48

100.00%

$ 13,306.06

12.14%

$ 150,835.88

11.50%

Figure 6-1. Ace Landscape Architects income statement for the 12 months ended December 31, 2009.

expenses. Financial managers frequently target insurance expenses, for example, because they have a way of always increasing and becoming a larger and larger percentage of annual expenses. Looking at

Ace’s income statement, a total of $78,085.82, or 6.73 percent, of the firm’s annual revenue was spent for worker’s compensation, health, professional liability, general liability, and auto insurance. The

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firm’s financial managers, for example, could set a goal of reducing the actual dollar cost of insurance expenses and try not to exceed 6.5 percent of the total annual expenses for insurance. Income statement data for the previous five years of operation can be most helpful in analyzing the current income statement and for targeting expense items to reduce costs or to increase spending for discretionary expense items. Trend data can point out where current spending is high or low in relation to the way the firm has typically operated in the recent past. Including more than five years of average expense data is not necessary to get a pretty good picture of the firm’s operating history and how it relates to current spending. The net profit or loss is the bottom line of the income statement. Graphically tracking profit and loss for the month and for the year-end income statement is a good way to provide a visual picture of how well the firm is doing. With the graphing capability of spreadsheet software, visualizing monthly and year-over-year profitability has become an easy task for financial managers of landscape architecture firms.

categories of assets: Current assets (cash, checkbook balance, prepaid rent, refundable deposits, and payroll advances) Accounts receivable (invoiced amounts) Fixed assets (furniture, equipment, capital leases, accumulated depreciation) Investments (long-term securities) Intangible assets (organizational costs, goodwill) Liabilities are the claims of creditors on the firm’s assets. Liabilities are the debts of the firm. Accounts payable, allowances for taxes, and notes payable are examples of liabilities. A balance sheet usually includes the following broad categories of liabilities and equity: Liabilities (current debts, including current portions of long-term debts; loans to owners or stockholders; salaries payable; and longterm liabilities such as notes and capital leases) Owners’ or stockholders’ equity (contributed capital, retained earnings, value of treasury stock, accumulated profit or loss)

Balance Sheet The balance sheet is a report that represents a statement of the firm’s financial condition at a specific point in time, at the end of a month or year, for example. It consists of two sections. The first section shows the assets, which are the financial resources of the firm. The second section shows the liabilities and the owner’s equity. The liabilities are the financial obligations of the firm to outside creditors. The owners’ equity is the financial value of the firm to its owners. The difference between the assets and liabilities is the owners’ equity and represents the basic accounting equation: Assets = liabilities + owners’ equity A firm’s assets are anything it owns that has monetary value. A firm’s cash, as well as cash equivalents, such as refundable deposits, is an asset. Accounts receivable, furniture, equipment, computers, buildings, and investments are also assets. A balance sheet usually includes the following broad

As the basic accounting equation indicates, the assets of a firm minus its liabilities equal the owners’ equity. Equity is the investment of the owner or owners plus any profits that accumulate over the years the firm is in business. Conversely, any losses that accumulate over the years the firm is in business reduce the equity in the same way that accumulated profits increase the equity. The balance sheet provides information about the firm’s solvency. The income statement and the balance sheet together are the two most important financial accounting statements. They are usually produced at the same time and generally referred to as the firm’s financial statement. Figure 6-2 is an example of a balance sheet for Ace Landscape Architects. What can be determined by looking at the balance sheet of Ace Landscape Architects? In the assets column, one can see the current total amount of accounts receivable ($225,876.90), which are the primary asset of a landscape architecture firm. One can also add the value of the fixed assets, which

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Accounting

Assets Petty cash General checking account Payroll checking account Payroll advances Total cash: Accounts Receivable from services rendered Total accounts receivable: Investments Money market account Limited partnership #1: Oakpointe Resort Total investments: Other current assets Refundable deposits Equipment security deposit Total other curent assets: Total current assests: Fixed assets Furniture and fixtures Equipment Capital leases Accumulated depreciation Total fixed assets: Total assets: Liabilities and Owner’s Equity Current Liabilities Operating line of credit Accounts payable Credit cards payable Total current liabilities: Long-term debt Capital lease auto #1 Capital lease auto #2 Promissory note (Stockholder #1) Promissory note (Stockholder #2) Shareholder’s note Total long-term debt: Total liabilities: Stockholder’s equity Common stock Treasury stock Retained earnings Current year 2009 profit or loss Total owner’s equity:

$ $ $ $

365.75 10,578.45 567.89 1,500.00 $ 13,012.09

$ 225,876.90 $ 225,876.90 $ 5,000.00 $ 28,000.00 $ 33,000.00 $ $

1,575.00 750.00 $ 2,325.00 $ 274,213.99

$ 22,676.12 $ 10,215.91 $ 54,890.56 $ (32,973.90) $ 54,808.69 $329,022.68

$ 31,000.00 $ 38,207.23 $ 1,578.81 $ 70,786.04 $ 21,408.34 $ 20,508.32 $ 7,500.00 $ 9,500.00 $ 2,500.00 $ 61,416.66 $ 132,202.70 $ 45,000.00 $(27,000.00) $ 27,984.02 $ 150,835.88 $ 196,819.90

Figure 6-2. Ace Landscape Architects balance sheet for the 12 months ended December 31, 2009.

include furniture, fixtures, and equipment, plus capital leases, and get a total of $87,782.59. If the accumulated depreciation is divided by the total value of fixed assets, one can see that about a third of the value of the fixed assets, or 37.6 per cent, has been depreciated.

On the liabilities side of the balance sheet, the current amount of money owed on the firm’s operating line of credit, $31,000 is seen at the top of the column. The operating line of credit is considered a current liability because it is collateralized by the firm’s accounts receivable (which are

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considered current assets) and because the line of credit is due in less than one year. Current payables are also part of the firm’s current liabilities. The total long-term debt owed is the second key figure seen in the liabilities column. The amount owed for each of the specific long-term notes is listed under the long-term debt column. The promissory notes are debts owed to former stockholders to purchase their stock after they left the firm. The owners’ equity is the bottom line of the balance sheet, just as net profit is the bottom line of the income statement. Owners’ equity is referred to as the book value of the firm. For a corporation, such as Ace Landscape Architects, the owners’ equity is the shareholders’ equity and is used to determine the value of a share of the firm’s stock by dividing the shareholders’ equity by the number of shares of stock the firm has issued. If Ace’s two stockholders, for example, each own 15,000 shares of stock for a total of 30,000 shares, the value of each share will be $6.56 ($196,819.90 ÷ 30,000). The book value is the value of the firm as reported in the books kept by the firm’s accountant and illustrated on the balance sheet as owners’ or stockholders’ equity. It implies the amount of money that would be available to the owners if the firm were liquidated. Liquidating the firm would involve collecting all of the accounts receivable, converting all of the firm’s other assets to available cash, including selling its fixed assets for at least the value of the assets less depreciation, and using the total of cash assets to pay off all of the current and long-term liabilities. Another frequent use of the book value is determining the price of the firm during a merger or a sale of the firm. Taken together, the liabilities and the owners’ equity represent the way the firm is funded. The firm can fund its operations by using debt, or borrowed money, such as the operating line of credit and the long-term notes. The firm can also fund its operations by increasing its equity by selling stock, for example, to a prospective stockholder or by retaining greater amounts of its profits. If the firm becomes exceptionally profitable, it could retain all profits and fund operations by the value of its stock and by retained earnings. In this case, no liabilities would be listed on the balance sheet, and the firms per-share stock value, using Ace’s balance

sheet as an example, would be $3.42 ($102,748.42 ÷ 30,000). If the firm was not profitable, however, and losses reduced the value of the firm’s retained earnings, the firm would use borrowed funds to equalize the balance sheet equation.

Managing Profits One of the aims of the landscape architecture business manager is reducing the profits of the firm, thereby limiting the corporate tax obligation and the possibility of double taxation of the owners of the company. In the example of Ace Landscape Architect’s 2009 income statement and the 2009 balance sheet, the profit of $150,835.88 would normally be paid out to owners in the form of salary bonuses or stockholder dividends and to employees in the form of salary bonuses. In the example, however, the 2009 profit was moved directly into the balance sheet so that the reader could see the correlation between profits and stockholder equity. In normal practices, however, only a small amount of the annual profit would be reserved as future retained earnings, leaving the lion’s share of the profit to be paid out to the owners or paid as bonuses to employees. Year-end profits also are used to pay down existing loans or make needed capital acquisitions. By distributing profits in the form of bonuses and capital acquisitions, for example, the corporate profits are managed and reduced so that little or no corporate income taxes are paid. This effectively eliminates double taxation on the income with only the recipients of the bonuses paying income taxes. If the firm had retained its earnings, in Ace’s case $150,835.88 in 2009, the corporation would pay income taxes at the 2009 rate of between 15 percent and 39 percent, depending on the amount of income. Subsequently, if the firm then paid out some of the profits in salary bonuses or dividends, each individual also would have an IRS tax obligation, thus paying taxes on money that taxes had already been paid on. The way a firm is legally set up affects profit management. The Ace example is typical of a firm set up as a normal for-profit corporation. Firms are also set up as personal service corporations or LLCs. The tax rate for personal service

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Accounting

corporations was set at 35 percent in 2009. In addition, firms are set up as sole proprietorships and sub-chapter S corporations, where the firm’s profits are effectively passed directly through to the owner or owners and show up on the individual’s federal tax return. Looking again at Ace’s 2009 profits, the firm’s financial managers might want to actually go forward and retain the $150,835.88 in profits. With the money in the bank after the receivables have been collected, the firm might be able to manage its operations with little or no borrowing on its operating line of credit. The price paid for that decision would be twofold. First, the firm would have to pay the corporate income taxes, and second the owner’s year-end bonuses would be low or none at all. Timing is another important aspect of managing profits. Let’s say, for example, that Ace’s fiscal year is the same as the calendar year. The firm’s financial manager would want to know in October or November what the profit picture is going to look like so that bonuses could be paid out to mitigate corporate profits. The bonuses would need to be paid out in early December so that owners and employees benefit and the income of the firm could be reduced. Starting in September, the firm’s financial managers could have the firms’ accountant make projections of profitability based on expected income for October, November, and December and develop projected profit-and-loss statements for the last three months of the year. With that information, informed decisions can be made on how to pay out the firm’s profits. Another major consideration of profit mitigation is the availability of cash to pay the bonuses designed to mitigate corporate taxes. If the firm has an operating line of credit that has room to borrow on it based on the value of the firm’s accounts receivable, then the firm’s managers can use that available funding to pay the bonuses. Subsequently, the income will be used when it’s received to pay down the line of credit. The second method used to fund year-end corporate profit mitigation is to go on a collecting campaign to try to increase the firm’s cash position. This is often easier than one would think. First of all if the profit projections are made in October, it gives the firm’s managers about 10 weeks to mount a collection campaign.

299

Secondly, many firms and companies use the calendar year also as their fiscal year, which means they may be trying to reduce their profits by paying off their accounts payable at the end of the year just when the landscape architecture firm is trying to raise its cash position. The bottom line of this discussion is to illustrate how important a requirement the firm’s profit and loss statement is for managing profits. Whether you work for yourself or for a large firm, understanding the year-end accounting process and profit mitigation measures is essential for the landscape architect.

Aged Accounts Payable Accounts payable are amounts owed by the firm to others such as landlords, vendors, and subconsultants. When an invoice is received or when a regular monthly bill, such as rent, comes due, an account payable is established. An aging of the accounts payable refers to a listing of the invoices classified according to length of time each has been due and payable. The aging is normally classified by 30, 60, 90, and over 90 days outstanding. Over 30 days outstanding is normally considered past due. The aged payables report is essential for managing and prioritizing the payment of bills. Figure 6-3 shows a sample of an aged accounts payables report for Ace Landscape Architects. Looking at the aged payables report, one thing that jumps out is that less than half, 48.56 percent to be exact, of Ace’s payables are in the current to 60 days payable columns and more than half of the payables are over 60 days due. This is not unusual because there are high dollar amounts owed to Ace’s consultants (Collaborative Design Group, Ltd., Land Design Civil Engineers, LLC, and Structural Concepts, Inc.). These payables owed to consultants are on the payables list the longest time typically because of the time it takes for Ace to receive the consultant’s invoices, turn them around in Ace’s own invoicing sequence, receive payment from Ace’s client, and then cut checks to Ace’s consultants. Looking at the total amount of $18,700 owed to Ace’s three consultants also points out the high percentage of the firm’s revenue that can go to

Auto Leasing Specialists A Plus Storage Alan Smith (Mileage & Reimb. Exp.) American Equipment Leasing BCBS of Arizona CADD/Print Room

Collaborative Design Group, Ltd.

Comcast Cable Copier Brothers Deluxe Business Forms City Electric Federal Express

1 2 3 4 5 6

7

8 9 10 11 12

300 $

70.00

$ 1,700.00 $ 145.45 $ 55.00 $ 90.00 $ 258.34

$ 746.00

$ 1,155.35 $ 120.00 $ 258.25 $ 501.53 $5,200.00

258.34

20.00

$

145.45 55.00

$

$ $

$ 300.25

$ 1,155.35 $ 120.00 $ 258.25 $ 501.53 $5,200.00

$ 15.00

$500.00

$ 250.50

195.25

$

$

35.00

90.00

$1,000.00

$

61-90 Days

$200.00

Over 90 Days

20:52

12/5/2009 10/15/2009 11/15/2009 12/15/2009 Total:

12/5/2009 12/1/2009 12/15/2009 12/17/2009 12/1/2009 10/17/2009 11/18/2009 12/17/2009 Total: 7/11/2009 10/12/2009 11/10/2009 Total: 12/10/2009 12/17/2009

31-60 Days

July 28, 2010

Figure 6-3. Ace Landscape Architects aged payables report, December 17, 2009.

Account Name

No.

Current Under 30 Days

JWBT351-Rogers

Total Due

c06

Due date


LDC (Long distance phone) Max Dyson (Mileage & Reimb. Exp.) Mary Jones (Mileage & Reimb. Exp.) Mobile One Cellular National Bank Credit Card Paychex, Inc. State Compensation Fund Shyla Cooper (Mileage & Reimb. Exp.) Structural Concepts Engineers, Inc. SW Gas Company Rent Reproductions, Inc.

Roger Williams (Mileage & Reimb. Exp.) U. S. West (Landline phone)

16 17 18 19 20 21 22 23 24 25 26 27

28 29

12/12/2009 12/10/2009 6/3/2009 10/6/2009 Total: 12/4/2009 12/12/2009 12/12/2009 12/5/2009 12/10/2009 12/10/2009 9/15/2009 12/11/2009 6/29/2009 12/13/2009 12/1/2009 9/12/2009 10/10/2009 11/11/2009 12/10/2009 Total: 12/12/2009 12/12/2009

301 $38,207.23 100.00%

$ 2,998.43 $ 156.26 $ 376.35

$13,600.00 $ 257.98 $ 450.25 $ 29.95 $ 212.60 $ 624.25 $ 85.00 $ 227.93 $ 50.55 $ 3,400.00 $ 66.64 $ 3,675.00

$ 1,350.67 $ 345.45

50.55

257.98 450.25 29.95 212.60 624.25 85.00

156.26 376.35

879.21

$16,574.33 43.38%

$ $

$

$ 66.64 $ 3,675.00

$

$ $ $ $ $ $

$ 1,350.67 $ 345.45

$1,978.70 5.18%

$ 985.27

$ 227.93

783.95

$11,304.20 29.59%

$

$ 3,400.00

$ 5,800.00

61-90 Days

$8,350.00 21.85%

$ 350.00

$7,800.00

Over 90 Days

20:52

Figure 6-3. (Continued)

Lance Harding (Mileage & Reimb. Exp.) Karen Austen (Mileage & Reimb. Exp.) Land Design Civil Engineers, LLC.

13 14 15

31-60 Days

July 28, 2010

Grand Total: Aging Percent:

Account Name

No.


JWBT351-Rogers

Total Due

c06

Due date


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supporting professionals. Typically, small firms such as Ace Landscape Architects have a significant amount of revenue and subsequently payables that go to consultants if the firm is doing projects that involve full services. A complex park project, for example, might require a surveyor, biological consultant, architect, civil engineer, geotechnical engineer, structural engineer, cost estimator, and graphic design consultant. Up to 50 percent of Ace’s fees could go to outside consultants. At the end of the year, a significant part of Ace’s revenue and payables can go out the door to consulting firms. Large multidisciplinary firms with landscape architecture departments, on the other hand, can keep much of the outside consultant cost in house, and in fact most large multi disciplinary firms are managed so that as much of the firm’s revenue as possible is generated by in-house disciplines. Another observation reveals the amount of cash that Ace will need in order to pay its current payables of less than 30 days. The total amount showing in the “Current Under 30 Days” column is $16,574.33. Knowing this information at a glance allows the firm’s financial manager to schedule payments due based on either available cash received by the firm or drawing funds from Ace’s operating line of credit to cover any shortfall of cash needed to pay current invoices. It is also interesting to note the amount of trade credit that Ace is receiving, especially from its consultants. One other way that Ace’s financial managers can use the payables report to manage the firm is to look at payables with high dollar amounts and see if any options are available to reduce the high, dollar payables. Looking at the payables report, $2,998.34, or about $750 per month on average, is owed to Ace’s reproduction company. The reason for this is that Ace sends all of its large plotting and printing projects to Reproductions, Inc. for processing. The firm’s managers can monitor these outside plotting and printing costs to determine at what point it might be cost-effective to invest in a high-end plotter that could handle big jobs, thereby bringing virtually all of its plotting costs in house. Looking at payables over time is also very helpful in managing recurring business costs with an aim toward cost containment. Looking at insurance costs over a three-, five-, seven-, or ten-year span can reveal how much costs are increasing an-

nually for these recurring items. A steady increase of electric utility bills, year over year, could lead to a decision to make energy conservation a firm priority. A steady increase in professional liability insurance could lead to competitively bidding the insurance to obtain the lowest possible policy costs at the annual renewal date. Managing the payment of accounts payable in relation to available cash is easy when the firm is profitable and when the firm receives payment for its services in a timely fashion. When clients are slow with their payments and profits are low, payment of accounts payable can become a stressful task, a management juggling act of prioritizing which bills to pay before others. The following suggestions are helpful when cash flow is tight: ■

■

■

■

■

Make collection calls for all accounts and track the dates that clients say they will make payments and the amounts they will pay. Knowing when income will be available for payables is essential for managing when bills will be paid. Develop a priority list of payables so that essential bills such as rent, utilities, and installment-loan payments are paid first. Call vendors and subconsultants that are owed money, and tell them that cash flow is slow. Give them an expected date for payment. Institute short-term cost-saving measures so that all available cash can be used for payables. Borrow from the firm’s operating line of credit if one is available. If an operating line of credit is not available, consider negotiating for one with a lending institution. The loan can be negotiated for a long term, such as a year, so that it is available for future times of cash shortage; or it can be negotiated for a short term, such as 30 or 90 days, to handle the immediate cash shortage. The firm’s accounts receivable are frequently used as collateral for an operating line of credit.

All things considered, while the accounts payable report may seem somewhat mundane on the surface, it provides vary important information that can be used in many ways for the effective

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short- and long-term management of the landscape architecture office.

Aged Accounts Receivable The dollar amounts of invoices sent to clients, representing the firm’s billings for services rendered, are called accounts receivable. An aging of accounts receivable, like an aging of accounts payable, is a listing of invoices to be collected classified by 30, 60, 90, and over 90 days outstanding. When a firm produces its monthly invoices, the new invoice amount becomes the new “Under 30 Days” column on the aged receivables report and the other columns each move out 30 days. As a general business practice, over 30 days outstanding is considered past due. In the design and engineering professions, however, accounts receivable are typically received on average at about 75 days. Over 90 days past due may be considered uncollectable by lending institutions. If the firm’s receivables are used as the collateral for a loan, such as an operating line of credit, banks will usually not lend money on the accounts that are over 90 days outstanding. Figure 6-4 shows a sample of an aged accounts receivable report for Ace Landscape Architects. Prompt collection of receivables is an obvious key to the financial health of the landscape architecture firm. Like the accounts payable report, the accounts receivable report is very helpful in managing the financial health of the firm. The receivables turnover ratio and the average age of receivables, which are calculated using information from the accounts receivable report, are commonly used as indicators of the firm’s collection efficiency. The receivables turnover ratio indicates how many times during the year the landscape architecture firm’s receivables are generated and actually collected. To calculate the receivables turnover ratio, divide the total billed revenue by the average accounts receivable balance: Total billed revenue Receivables = turnover ratio Average receivables balance The average accounts receivable balance is determined by adding the accounts receivable at the

303

beginning of the year to the accounts receivable at the end of the year and dividing by two. Using Ace Landscape Architects’ year-end balance sheet (Figure 6-2) as an example, the accounts receivable amount is $225,876.90 (year-end dollar amount shown on the balance sheet) plus $221,330.98 (beginning year receivables balance not shown on the balance sheet) divided by two, or $223,360.94. The turnover ratio, therefore, is the 2009 total billed revenue of $1,160,823.48 divided by $224,360.94, which equals 5.17. By itself, this number is not very meaningful. It could be compared to the turnover ratio of other firms or to the turnover ratio of Ace Landscape Architects for prior years. The turnover ratio is more useful to the landscape architecture financial manager if converted to the average number of days that receivables are outstanding, or the average age of receivables. To obtain the average age of the firm’s receivables, divide the number of days in a year by the receivables turnover ratio:

365 Average age of = receivables Receivables turnover ratio For Ace Landscape Architects in 2009, the average age of receivables is 70.6 days. This means that it takes the firm a little less than two and half months to collect its money after invoices are sent out. Lowering the average age of receivables could be a financial management goal of the landscape architecture firm. If the average age of receivables increases over a period of time, such as a year, the firm’s financial managers would want to step up collection activities. The average age of receivables can be calculated from monthly income statements by using the endof-month receivables for the specific month from the preceding year and the current end-of-month receivables. If the average age of receivables is calculated and graphed each month, trends in collection time will be available for the firm’s financial managers. When the average age of receivables increases, the firm can reinforce collection efforts. When the average age of receivables decreases, money may be available for discretionary use by the firm’s managers.

BMOC Developers, Inc.

Collaborative Architecture Studio, LLC

Julian Wash Urban Greenway, City Parks Department

Meyers Residence

3

4

5

304

6

11/9/2009 12/7/2009

91105 91205

90907 91008 91108 91208 Total: 91110

9/14/2009 10/12/2009 11/9/2009 12/7/2009

Total: 90807 8/17/2009

10/12/2009

2/2/2009 3/2/2009 3/27/2009

12/7/2009 10/12/2009 11/9/2009 12/7/2009

Total: 90103 90204 90304 Total: 91005

91201 91001 91101 91202

$ $

$

$

39,985.51 5,000.00

28,601.10

3,301.39

5,876.90

2,554.65

$ 5,596.00

$

$ 2,500.00

5,876.90 $

$ 10,500.00

$


$ 5,000.00

$ 3,540.51

$ 10,596.10

$ 3,000.00

31-60 Days

$ 15,560.00

$ 15,450.35

$ 5,000.00

61-90 Days

1,250.00

600.55 1,200.45 1,500.39

$ 14,039.00

$

$ $ $

Over 90 Days

20:52

Figure 6-4. Ace Landscape Architects aged receivables report, December 17, 2009.

American Land Development, Inc. Anderson Residence

Total Due

July 28, 2010

1 2

No.

Invoice Date

JWBT351-Rogers

Invoice Number

c06

Account Name


305

Target, Johnson and Johnson, AIA

University Historic Study

VORTEX International

9

10

11


Sellers & Associates

8

90914 91114 91214

91012 91112 91212

Total:

Total:

Total:

10/12/2009 11/9/2009 12/7/2009

91008 91108 91208 Total: 90910 91011 Total:

9/14/2009 11/9/2009 12/7/2009

10/12/2009 11/9/2009 12/7/2009

11/9/2009 12/7/2009

9/14/2009 10/12/2009

9/14/2009

90907

46,568.00

21,006.00

19,500.00

25,538.00

19,675.75

$

$

4,675.75

6,500.00

$ 14,959.50

$

$ 10,342.25

$ 5,500.00

$ 10,578.50

$ 16,557.25

31-60 Days

$ 7,500.00

$ 7,500.00

$ 8,785.00

61-90 Days 1,550.00

$

5,988.00

$ 12,500.00

$

Over 90 Days

$ 225,876.90 $ 62,338.55 $ 65,114.61 $ 59,795.35 $ 38,628.39 100.00% 27.60% 28.83% 26.47% 17.10%

$

$

$

$ 20,000.00

$


20:52

Grand Total: Aging Percent:

Metropolitan School District, Eastside High School

Total Due

July 28, 2010

7

No.

Invoice Date

JWBT351-Rogers

Invoice Number

c06

Account Name


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Cash Report

The statement of cash or cash on hand is an easy financial accounting report to prepare. It’s the current balance shown in the firm’s checkbook register and any other cash that has immediate accessibility such as cash in a savings account. Most firms now keep the checkbook register by using a spreadsheet computer program or the checkbook component of the firm’s financial software. The firm’s checkbook balance may also be automatically updated if the firm is using an integrated accounting software package. When the firm has been profitable and excess cash is deposited in accounts other than the checkbook, such as savings accounts or short-term CDs, a separate summary report listing the checkbook balance and the other readily available sources of cash will be useful to the firm’s financial managers.

Financial Management Information Pro Forma Financial Statements A pro forma income statement, balance sheet, and cash-flow statement are accounting terms for a projection of future income, financial condition, and cash flow based upon the present financial condition. Pro forma statements are useful for visualizing the future financial condition of the landscape architecture firm under different scenarios and answering what-if financial questions. The following hypothetical situation illustrates a pro forma financial statement for Ace Landscape Architects. At the end of 2009, Ace learned they were awarded the largest contract in the history of the firm, $600,000 in fees for a city-wide public park long-range planning project. The parks department required that the planning process, which set out to determine where new parks should be located in expanding areas of the city, be completed within 12 months, by December 31, 2010. The owners of the firm expected the workload, not including the long-range park-planning project, to be 10 percent less than in 2009. They were optimistic nevertheless that the firm could achieve a record $1,750,000

in income, and they were hoping to make a 20 percent profit on the revenue. They wanted to see the effect of their expectations on their future profits and the firm’s income statement and balance sheet. They wanted to study the difference in their financial position using two alternative ways of managing the expansion of the firm that would be necessary to accommodate the expected steady stream of work and the big park-planning commission. The owners decided to make a projection of their financial condition in the form of pro forma financial statements that would help them make the best financial decision for managing the growth. The two expansion alternatives they studied are as follows: Expansion Alternative 1

Hire two additional junior-level landscape architect/planners with GIS capability at a salary cost of $106,000 per year, obtain two new workstations at a cost of $8,000, and contract out the GIS computer services to a consultant for 36,000. Expansion Alternative 2

Hire one experienced GIS drafting technician at a salary of $42,000 per year, one experienced GIS landscape architect/planner at a salary of $77,000 per year, and purchase two new workstations, GIS software, and an expensive plotter at a cost of $31,000. On the surface, each expansion alternative appears to cost the firm a total of $150,000. After reviewing the results of their 2010 pro forma financial projections, including the pro forma income statement shown in Figure 6-5 and the pro forma balance sheet shown in Figure 6-6, the owners of the firm selected alternative 2 because there was a slight increase in profits over alternative 1. This alternative resulted in an almost one percent higher projected net profit, $15,152.00 greater owner’s equity, and $27,672.00 more in assets than alternative 1. In order to develop the pro forma comparison of the two financial alternatives, the owners must try to predict the firm’s future operating expenses. Where possible, keeping expense items at the same spending level is recommended for each alternative unless there is a good justification for differences. In the pro forma statements, the salary line item is

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307

Accounting

2009 Year End No.

$

%

2010 ProForma

2010 Pro Forma

Alternative #1

Alternative #2

$

%

$

%

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40

Income Billed revenue Miscellaneous income Total income

$1,308,003.36 99.72% $1,750,000.00 99.89% $1,750,000.00 99.89% $ 3,656.00 0.28% $ 2,000.00 0.11% $ 2,000.00 0.11% $ 1,311,659.36 100.00% $1,752,000.00 100.00% $1,752,000.00 100.00%

Operating Expenses Outside consultants Reimbursable expenses Direct salaries–Principals (2) Direct salaries–Employees (5 +2) Administrative salaries–Principals Administrative salaries–Employees (1) Fica expenses Unemployment insurance Worker’s compensation insurance Health insurance Professional liability insurance General liability and auto insurance Professional registration and fees Education, seminars, conferences Dues and subscriptions Rent Utilities (gas, electric) Internet cable provider, web host Telephone Cellular phone Postage and shipping Office supplies Auto leases Auto expenses, gas and maintenance Taxes, licenses, fees Mileage expense (use of personal cars) Travel, air, lodging Meals and entertainment Gifts and charitable contributions Promotion and advertising Storage expense Depreciation expense Amortization expense Interest expense

$ 272,128.00 $ 31,427.90 $ 177,469.55 $ 279,365.98 $ 69,371.42 $ 41,520.00 $ 43,431.11 $ 4,541.82 $ 1,687.95 $ 62,400.00 $ 6,552.00 $ 7,445.87 $ 2,870.00 $ 2,411.12 $ 1,124.00 $ 44,100.00 $ 4,050.79 $ 1,380.00 $ 4,666.74 $ 2,540.75 $ 843.66 $ 7,918.45 $ 13,869.00 $ 7,989.66 $ 1,512.50 $ 6,424.23 $ 2,760.25 $ 4,612.45 $ 1,450.00 $ 1,500.00 $ 1,440.00 $ 38,885.54 $ 3,900.09 $ 7,232.65

41

Total operating expenses

$ 1,160,823.48 100.00% $ 1,376,262.00 100.00% $ 1,361,110.00 100.00%

42

Net Profit or (Loss)

$ 150,835.88

23.44% 2.71% 15.29% 24.07% 5.98% 3.58% 3.74% 0.39% 0.15% 5.38% 0.56% 0.64% 0.25% 0.21% 0.10% 3.80% 0.35% 0.12% 0.40% 0.22% 0.07% 0.68% 1.19% 0.69% 0.13% 0.55% 0.24% 0.40% 0.12% 0.13% 0.12% 3.35% 0.34% 0.62%

$ 308,000.00 $ 42,000.00 $ 194,000.00 $ 386,000.00 $ 72,000.00 $ 43,000.00 $ 53,168.00 $ 5,560.00 $ 1,900.00 $ 85,800.00 $ 7,800.00 $ 7,500.00 $ 3,570.00 $ 3,000.00 $ 1,400.00 $ 46,305.00 $ 4,400.00 $ 1,400.00 $ 5,000.00 $ 3,000.00 $ 850.00 $ 9,800.00 $ 13,869.00 $ 8,400.00 $ 1,600.00 $ 7,000.00 $ 3,000.00 $ 5,000.00 $ 1,500.00 $ 1,500.00 $ 1,440.00 $ 35,000.00 $ 4,000.00 $ 8,500.00

11.50% $ 375,738.00

Figure 6-5. Ace Landscape Architects pro forma income statement.

22.38% 3.05% 14.10% 28.05% 5.23% 3.12% 3.86% 0.40% 0.14% 6.23% 0.57% 0.54% 0.26% 0.22% 0.10% 3.36% 0.32% 0.10% 0.36% 0.22% 0.06% 0.71% 1.01% 0.61% 0.12% 0.51% 0.22% 0.36% 0.11% 0.11% 0.10% 2.54% 0.29% 0.62%

$ 272,000.00 $ 42,000.00 $ 194,000.00 $ 399,000.00 $ 72,000.00 $ 43,000.00 $ 54,162.00 $ 5,664.00 $ 2,100.00 $ 85,800.00 $ 7,200.00 $ 7,500.00 $ 3,220.00 $ 3,000.00 $ 1,400.00 $ 46,305.00 $ 4,400.00 $ 1,400.00 $ 5,000.00 $ 3,000.00 $ 850.00 $ 9,800.00 $ 13,869.00 $ 8,400.00 $ 1,600.00 $ 7,000.00 $ 3,000.00 $ 5,000.00 $ 1,500.00 $ 1,500.00 $ 1,440.00 $ 42,000.00 $ 4,000.00 $ 9,000.00

21.45% $ 390,890.00

19.98% 3.09% 14.25% 29.31% 5.29% 3.16% 3.98% 0.42% 0.15% 6.30% 0.53% 0.55% 0.24% 0.22% 0.10% 3.40% 0.32% 0.10% 0.37% 0.22% 0.06% 0.72% 1.02% 0.62% 0.12% 0.51% 0.22% 0.37% 0.11% 0.11% 0.11% 3.09% 0.29% 0.66%

22.31%

308 1,575.00 750.00 2,325.00

$ 54,808.69 $329,022.68

$

$ 33,000.00

Figure 6-6. Ace Landscape Architects pro forma balance sheet for alternatives #1 and #2.

$ 22,676.12 $ 10,215.91 $ 54,890.56 $(32,973.90)

$ $

$ 5,000.00 $ 28,000.00

$ 225,876.90

$ 13,012.09

1,575.00 750.00

$ 22,676.12 $ 17,917.84 $ 54,890.56 $ 35,000.00

$ $

$ 5,000.00 $ 28,000.00

$275,000.00

$ 250.00 $ 10,000.00 $ 500.00 $ 1,500.00

2,325.00

$ 130,484.52 $ 545,059.52

$

$ 33,000.00

$367,000.00

$ 12,250.00

1,575.00 750.00

$ 22,676.12 $ 31,569.84 $ 54,890.56 $ 42,000.00

$ $

$ 5,000.00 $ 28,000.00

$290,000.00

$ 250.00 $ 10,000.00 $ 500.00 $ 1,500.00

2,325.00

$ 151,136.52 $ 572,711.52

$

$ 33,000.00

$374,000.00

$ 12,250.00

20:52

$ 225,876.90

$ 365.75 $ 10,578.45 $ 567.89 $ 1,500.00

Alternative #2 2010

July 28, 2010

Total cash: Accounts Receivable from services rendered Total accounts receivable: Investments Money market account Limited partnership #1: Oakpointe Resort Total investments: Other current assets Refundable deposits Equipment security deposit Total current assests: Fixed assets Furniture and fixtures Equipment Capital leases Accumulated depreciation Total fixed assets: Total Assets:

Current Assets Petty cash General checking account Payroll checking account Payroll advances

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Total owner’s equity: Total liabilities and equity:

7,500.00 9,500.00 2,500.00

$ 45,000.00 $(27,000.00) $ 27,984.02 $ 150,835.88

$ $ $

$ 196,819.90 $329,022.68

$ 61,416.66 $ 132,202.78

$ 70,786.12 16,056.26 15,381.24 7,500.00 9,500.00 2,500.00

$ 45,000.00 $(27,000.00) $ 27,984.02 $ 375,738.00

$ $ $ $ $ $

$ 65,000.00 $ 6,000.00 $ 1,400.00

$421,722.02 $545,059.52

$ 50,937.50 $ 123,337.50

$ 72,400.00

$ 45,000.00 $(27,000.00) $ 27,984.02 $ 390,890.00

$ 16,056.26 $ 15,381.24 $ 12,000.00 $ 7,500.00 $ 9,500.00 $ 2,500.00

$ 65,000.00 $ 6,500.00 $ 1,400.00

$436,874.02 $ 572,711.52

$ 62,937.50 $ 135,837.50

$ 72,900.00

20:52

$ 21,408.34 $ 20,508.32

$ 65,000.00 $ 4,576.25 $ 1,209.87

Alternative #2 2010

July 28, 2010

Liabilities and Owner’s Equity Current Liabilities Operating line of credit Accounts payable Credit cards payable Total current liabilities: Long-term debt Capital lease auto #1 Capital lease auto #2 New Plotter lease Promissory note (Stockholder #1) Promissory note (Stockholder #2) Shareholder’s note Total long-term debt: Total liabilities: Stockholder’s equity Common stock Treasury stock Retained earnings Current year 2009 profit or loss

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obviously going to be different because alternative 1 has $13,000 less in additional salary expenses than alternative 2. The different salaries also affect the costs of salary-related insurance expenses such as FICA and unemployment insurance. Some costs on the pro forma income statement show slight increases such as rent which has a built-in annual increase. Telephone is expected to increase because there would be two additional employees. Other items such as postage and shipping are projected to have negligible increases over the 2009 expense level. Interest and depreciation expenses, however, are different in alternative 2 because of the purchase of the new computer.

Work in Progress and Workload Projection Knowing how much work in progress the firm has under contract and the revenue that may be expected from the work is very useful for the financial managers of a landscape architecture firm. Work in progress is the total amount of contracted fees less the amount of work already completed on the contracts and invoiced. If the revenue from work in progress is projected over the future, such as six months in advance, the firm’s financial managers will have a good idea of the likely revenue stream and when the income will be factored into the firm’s financial picture. If the high job-development opportunities are added to the work in progress, an expected workload projection will be available not only for managing the firm’s financial activities but also for making other decisions such as whether or not employees will need to be added or laid off, or whether overtime is needed or hours should be cut back. A workload projection is easy to develop using spreadsheet software or the company’s integrated project management software. A graph of the workload projection provides a convenient snapshot of the stability of the firm. The workload projection is an invaluable tool for managing the financial stability of a landscape architecture firm. In fact, the workload projection may be the single most important financial tool the firm’s managers have for managing the firm going forward. A workload projection can be made by projecting the remaining available fee in dollar amounts and how much of the fee is expected to be invoiced

over future months, giving a picture of the firm’s potential revenue stream. It can also be made by projecting the number of hours still remaining in each project and how those hours will fall out over the coming months, providing a snapshot of staffing needs. See Figure 6-7a and 6-7b for an example of a workload projection for Ace Landscape Architects using the revenue projection approach. In this approach, the firm’s mangers regularly have to update the income, generating capacity of the firm and the ongoing costs so that the surplus or shortfall of revenue is as accurate as can be. If there is a significant projection of shortfall in revenue over costs, the firm needs to cut costs and/or staff. A surplus of revenue over costs is a preliminary indicator of profitability. If the projected surplus gets too great beyond the capability of the firm to generate the revenue, the firm’s managers may need to hire additional staff. Obviously, one of the most important aspects of the workload projection is the soundness of the actual monthly projections in each column.

Financial Ratios A ratio is a comparison of one number to another obtained by dividing one of the numbers by the other. Ratios are widely used to analyze financial statements (income statement and balance sheet) and to understand the financial health of the landscape architecture firm—its financial strengths and weaknesses. Ratios determined using information from a financial accounting report can be compared to a benchmark ratio to indicate the landscape architecture firm’s financial condition in relation to its condition at the time of the benchmark. The firm will be doing the same, better, or worse than the benchmark. If a landscape architecture firm has revenue of $200,000 in its first year of operation, and it cost $160,000 to produce the revenue, the firm would have $40,000 profit and a 20 percent profit ratio ($40,000 ÷ $200,000). If the second year of operation resulted in $400,000 in revenue with costs of $360,000, the firm would again realize a profit of $40,000, but the profit ratio would be 10 percent ($40,000 ÷ $400,000). By comparison, the firm’s profit ratio in the second year is one-half that of the first year. With this knowledge, the firm’s financial managers could take corrective

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Accounting

Work in Progress (WIP) Project No.

Project Name or Client

07110-11 09115-14 08198-19 09121-10 08203-11 09145-19 08-170-11 09103-14 09116-14 09156-10 09178-15 09181-14

Billing Periods 2010 Remaining Fee

1 Jan

2 Feb

3 Mar

Juliette Park American Land Development, Inc. Anderson Residence (CA) Collaborative Architecture Studio, LLC Julian Wash Urban Greenway Meyers Residence (CA) Metro School District, Eastside HS Target, Johnson and Johnson, AIA University Historic Study VORTEX International Interstate Highway 25 Segment B3a Aegis Business Park

64.9 26.5 3.0 25.7 69.8 2.1 18.0 27.6 21.0 70.5 186.4 44.4

25.0 5.0

20.0 5.0

10.5 18.0

8.0 15.0

20.0 6.5 1.0 3.2 15.0

Sub Total WIP: Revenue Potential at Capacity: Cost:

495.0

Surplus or Shortfall (−) Over Cost:

07110-11 09186-14 09187-15

High Job Development (JD) City Parks On-call Contract All Faith Chapel Expansion 26th Street Improvememts

Up To 250 37.0 90.0

Sub Total JD: Sub Total WIP & JD: Revenue Potential at Capacity: Cost:

377.0 872.0

Surplus or Shortfall (−) Over Cost:

5 May

4.9 5.0 1.0

1.0

5.0 0.7 3.0

5.0 0.7 3.0

6 Jun

2.00 0.70 3.00

10.0 25.0 9.1

15.0 30.0 9.1

10.0 35.0

9.1

3.0 10.1 9.0 10.5 7.5 9.1

5.00 40.00 2.00

110.1 110.6 95.6

97.2 110.6 95.6

99.8 110.6 95.6

73.7 110.6 95.6

54.7 110.6 95.6

52.7 110.6 95.6

14.5

1.6

4.2

−21.9

−40.9

−42.9

18.0

25.0 5.0 2.5

25.0 15.0 20.0

20.00 15.00 20.00

10.5 12.0 20.0

3.0 7.0

4 Apr

2.5

2.5

18.0 2.0 2.5

2.5 112.6 110.6 95.6

20.5 117.7 110.6 95.6

22.5 122.3 110.6 95.6

32.5 106.2 110.6 95.6

60.0 114.7 110.6 95.6

55.0 107.7 110.6 95.6

17.0

22.1

26.7

10.6

19.1

12.1

120

100

80

60

Cost

40

WIP 20

Variance over cost

0 1

2

3

4

5

6

–20

–40

–60

Figure 6-7a and 6-7b. Ace Landscape Architects Workload Projection spreadsheet (a) and graph (b).

Future −5.0 5.0 0.0 2.0 11.8 0.0 3.0 0.0 0.0 0.0 48.9 6.0 71.7

394.00 0.0 40.0 434.0 505.7

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actions, such as reducing the cost of operation or increasing fees, in order to achieve a consistent profit ratio of 20 percent. Three types of ratios are important to the landscape architecture firm: trend ratios, liquidity ratios, and equity ratios. Trend Ratios

Trend ratios result from comparing a current number to a base year index number or to an average ratio of similar firms to evaluate how the firm is doing in relation to the index number or to other firms. If a firm increases its profits by 10 percent per year for 5 years, its profits would be 50 percent above the base year index number. If information available for other similar landscape architecture firms indicates that 5 percent profit is the normal trend, the firm will know that its profits are 100 percent higher than the industry trend. Virtually every accounting number or any ratio that can be calculated can be compared to an index number. Landscape architecture firms might compare trend ratios for the following accounting numbers: ■ ■ ■ ■

■ ■

■

■ ■ ■ ■

■ ■ ■ ■

Total annual revenue Average monthly revenue Percentage of net profit to revenue Cost of reimbursable expenses in relation to total costs Average age of receivables Percentage of receivables over and under ninety days Cost of subconsultants as a percent of total revenue Overhead multiplier ratio Income tax as a percent of total revenue Billable versus nonbillable time Costs of various expense categories such as utilities and telephone Depreciation as a percent of fixed assets Per-share value of common stock Liquidity ratios Solvency ratios

working capital in accounting language. Liquidity ratios are used on a regular basis to show interested parties, such as a bank the firm is trying to secure credit from or the firm’s financial managers, the firm’s solvency and capacity to meet maturing current liabilities. These ratios are the most basic indicator of a firm’s financial health. The current ratio is the most widely used liquidity ratio. It is computed by dividing the total current assets by the total current liabilities: Current ratio =

Current assets Current liabilities

If a firm has $100,000 in current assets, such as cash on hand and accounts receivable, and $50,000 in current liabilities (bills), then it has a current ratio of 2:1. It has twice the money as it needs to pay its current bills. If the ratio were reversed, the firm would obviously be in a precarious financial position with respect to current financial conditions. It would have only one-half the funds necessary to pay its current bills. The firm may be insolvent. Any ratio less than 1:1 is cause for financial management concern. As another example, the current ratio for Ace Landscape Architects using the 2009 balance sheet data is 3.87 ($274,213.99 ÷ $70,786.04). The receivables turnover ratio and the average age of receivables discussed earlier are two other ratios used to evaluate the firm’s liquidity. These ratios measure the usefulness of a landscape architecture firm’s main asset—its accounts receivable. The correlation here is that even though a firm might have a good current ratio of 2:1, if the firm’s turnover ratio is a low 2.0, six months will be needed to collect the income and its current usefulness is low. Equity or Long-Term Solvency Ratios

These ratios show the relationship between the firm’s debt and the firm’s equity financing. The equity ratio shows how much of a firm’s total assets are provided by its owners, or stockholders in the case of a corporation:

Liquidity Ratios

These ratios indicate a firm’s ability to pay its shortterm debts with its available capital, referred to as

Equity ratio =

Stockholders’ equity Total assets

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Accounting

In the case of Ace Landscape Architects, the equity ratio is .598 ($196,819.90 ÷ $329,022.68). In other words, about 60 percent of the firm’s equity is funded by the owners through stock and retained earnings. The equity ratio has an inverse relationship for owners versus creditors. From the creditor’s side of the fence, the higher the proportion of stockholders’ equity, the better. A high equity ratio indicates that the firm has a financial cushion to pay back creditors in the event of a business downturn. Some banks may insist that the landscape architecture firm maintain a minimum equity ratio in order for the bank to lend the firm funds. From the stockholders’ viewpoint, debt financing may be preferable to equity financing because the interest cost of the debt financing will reduce net income and the corresponding income-tax liability. Debt financing has its negative side effects, too. In a period of slow business activity, such as a recession, the firm’s revenue may shrink along with its accounts receivable, impacting the firm’s ability to service its debt load. The equity-to-debt ratio is another long-term solvency ratio often reviewed by financial institutions such as banks. The equity-to-debt ratio is computed as follows: Equity-to-debt ratio =

Stockholders’ equity Total debt

For example, if the owner’s equity in a firm was $300,000, and the firm owed a bank $100,000, the debt-to-equity ratio would be 3:1. This means that there is enough equity in the firm, or three times the amount that is needed, to easily pay off the long-term debt should the owners decide to liquidate the firm. In the case of Ace Landscape Architects, the debt-to-equity ratio is 3.2:1. The stockholders’ equity is $196,819.90, and the long-term debt is $61,416.66. Only the long-term debt is used in this example because the line of credit is considered current short-term debit that is collateralized by the current accounts receivable. One other equity ratio, the times interest earned ratio, may be used by both a landscape architecture firm’s financial managers and lending institutions. This ratio indicates to creditors and the firm’s fi-

313

nancial managers whether the firm can meet required interest payments when they are due. The times interest earned ratio is expressed as follows: Times interest Income before interest and taxes = earned ratio Interest expense Ace Landscape Architects’ times interest earned ratio for its 2009 income statement is 20.85 ($150,835.88 ÷ $7,232.65). Financial ratios are one of the primary tools that financial managers of landscape architecture firms and lending institutions such as banks use to evaluate a firm’s ability to take on long-term debt and service the debt load of principal and interest. Ratios are particularly helpful as guidelines when compared to profession-wide standards for similar firms. If the profession-wide receivables turnover ratio is known to be 3.9, which means that the average length of time required for collection of receivables is 95 days, the financial manager of a landscape architecture firm can evaluate the firm’s performance in terms of the national average and make financial management adjustments as necessary.

Overhead Rate The landscape architecture firm must calculate its overhead rate at least once per year or more frequently if integrated financial software is used that allows monthly updating of the overhead rate. The overhead rate is used as a measure of the firm’s efficiency. A low overhead rate would mean that a firm can produce construction documents at a lower cost than a firm with a high overhead rate. The overhead rate is typically used in determining a firm’s billing rates. The billing rates are based on (1) the direct salaries, plus (2) the dollar amount of the overhead rate times the direct salaries, plus (3) a percentage for profit. The overhead rate is almost always used in developing contract billing rates that a local, state, or national public works fee is based on. The overhead rate is calculated as follows: 1. Total up all of the firm’s operating expenses except project labor and direct project expenses.

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2. Divide the total operating expenses by the direct labor costs. 3. The resulting number, usually expressed as a percentage, is the overhead rate. Using the above process, if a firm has operating expenses of $1,000,000 and salary expenses of $600,000, the firm’s overhead rate 1.67. How is the overhead rate used in setting billing rates? If your firm has calculated its overhead rate at 1.67, or 167 percent, for every dollar of direct labor spent on client project activities, the firm must recover that dollar plus an additional $1.67 of overhead to meet their break-even expenses. If the firm’s principal is paid $60 per hour, the firm would set the billing rate at $160 per hour. In addition to the direct labor cost and the overhead cost, a firm adds a profit percentage that also is desired, 15 percent for example. Adding profit to the rate ends up with a billing rate of $184 per hour. Here’s the billing rate formula: Billing Rate = Direct Labor Rate + Overhead + Profit Billing rates for four typical classifications of landscape architecture office employees are summarized here: Classification

Labor Rate

Overhead @ 1.67

Profit @ 15%

Billing Rate

Principal Designer Comp. Tech Admin.

$60.00 $35.00 $25.00 $20.00

$100 $58.45 $41.75 $33.40

$24 $14.00 $10.00 $8.00

$184.00 $107.45 $76.75 $61.40

Financial Accounting Systems

accounting or accrual-basis accounting. In almost all cases, a landscape architecture firm will select the accrual system.

Cash-Basis Accounting System Cash-basis accounting deals only with transactions involving money. Accounting records are made only when money is actually received or paid out. Revenue and expenses are recorded only at the time when cash actually changes hands. There are two main advantages to using the cash-basis system of accounting. First, it is easy to understand and to maintain cash-basis accounting records. Any documents that provide evidence of cash changing hands, such as receipts, canceled checks, and bank deposit slips, are the records of the cash-basis accounting system. Second, in contrast to the accrual system, the firm does not pay taxes on the income it earns until the actual cash is collected. Thus, no taxable income arises from either unbilled professional services, such as income earned but not invoiced, or from accounts receivable, which include income earned and invoiced but for which the cash has not yet been collected. There are three disadvantages of using the cashbasis accounting system. First, the firm does not deduct its business expenses until they are actually paid. Second, the firm’s accounting records do not match its revenue earned during the accounting period, one month, for example, with the expenses incurred during the same period. Matching revenue with expenses is essential for an accurate picture of the financial condition of the firm. Third, the forms, procedures, and reports used in the cash system become difficult to manage as the size of the firm and the number of employees increase.

Accrual-Basis Accounting System There are two generally accepted systems for keeping financial accounting records—the cash-basis system and the accrual system. From a business perspective, the first decision to make about a landscape architecture practice is what type of entity it will be—a corporation, a partnership, or a sole proprietorship. The second business decision is what type of accounting system the firm will use—cash-basis

Accrual-basis accounting recognizes income earned and expenses incurred without regard to when the actual cash is received or paid out. The revenue is recognized as the amount of money represented by the percentage of work in progress that has been completed at the end of the accounting period, such as one month, and invoiced for that

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Accounting

period. The accrued revenue represents the amount of income a firm is entitled to during the accounting period and is determined by the number of hours worked on the project or the percentage of the work completed during the accounting period. Expenses, on the other hand, are recognized (accrued) when they are incurred during the accounting period. These expenses, for supplies or subconsultant’s services, for example, represent debt obligations that the firm takes on without regard to when the actual cash is paid out for the debts incurred. In the accrual system, expenses and income are, in a sense, “paper money.” The income and expenses, and subsequent profit or loss, occur only on paper as the product of the flow of work and the accrual accounting system. The major advantage of accrual-basis accounting is that the revenue earned and the expenses required to earn the revenue are matched up at a point in time. The difference between the revenue and the expenses is the profit or loss. By providing a running picture of income versus the expenses required to produce the income, the accrual method allows the firm’s owners or managers to have timely awareness of the firm’s profitability during each accounting period. The main disadvantage of accrual accounting is that it is more complex than cash-basis accounting. It is fairly safe to say, however, that landscape architecture firms that grow in size, revenue, and complexity will, out of necessity, use the accrual method of accounting. Computer software has taken a great deal of the mystery and difficulty out of accrual-basis accounting. Accrual-basis accounting also requires greater emphasis on the financial management of the firm because taxes may be paid on income for which the cash may not have been received. Indeed, cash-flow management is an essential component of managing a more financially complex firm using accrual accounting. The firm must keep enough cash on hand on a regular basis to cover payroll and operating expenses, meet withholding tax obligations, and pay federal and state income taxes. Landscape architecture firms using the accrual method of accounting must convert to a cash basis at the end of the firm’s fiscal year in order to determine the firm’s income-tax obligations. Managing the firm’s cash position after converting from ac-

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crual accounting records is one of the most important functions of the firm’s financial managers in order to mitigate the firm’s income-tax obligations to the greatest extent. The firm’s financial managers may want to begin making tax conversion calculations as early as six months prior to the end of the firm’s tax year (December 31 for most firms). By calculating the cash position starting in July and making projections of the probable income, the firm’s managers will have as much time as possible to take corrective action if it appears that the firm will have extraordinarily high profits and corresponding income-tax obligations. Converting to cash from accrual accounting records is easy. The year-to-date accounts receivable (AR) total is subtracted from the previous yearend accounts receivable total. A negative amount decreases cash profits; a positive amount increases cash profits. The year-to-date accounts payable (AP) total is subtracted from the previous yearend total. A positive number reduces cash profits; a negative number increases cash profits. The current year-to-date accrued profit or loss is then added to the net accounts receivable and payable to determine the net cash profit. If the calculations indicate a loss, there is no income-tax liability. If there is a net cash profit, however, the firm will owe income taxes unless there are losses from previous years that can be used to offset the profits. Figure 6-8 illustrates the process of converting from accrual to cash profits. The cash conversion, made after nine months of operation in the tax year, indicates that a net cash profit of $137,594.84 would be realized if everything stayed the same through the end of the year. The profit would result in an income-tax obligation of $148,158.19 at a 35 percent tax rate. The firm’s managers were concerned because they predicted continued accrued profits through the end of the year and a subsequent large income-tax burden unless they could mitigate the profits. The conversion at nine months into the fiscal year gives Ace’s managers three months to reduce the projected profits and income taxes. Figure 6-9 illustrates the 1996 year-end cash conversion for Ace Landscape Architects compared to the pro forma projections. The projections indicates a cash profit for both alternatives, but the cash profit for alternative 2 is $14,500 less than

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Cash Conversion after Nine Months of Tax Year Income Previous Year-end Total

Current Year-end Total

Cash

$221,230.98 $ 4,576.25

$198,325.72 $ 9,015.21

$22,905.26 $ 4,438.96 $110,250.62 $137,594.84 $ 53,661.99

Previous Year-end Total


Cash

$221,230.98 $ 6,914.32

$225,876.90 $ 4,576.25

$ (4,645.92) $ (2,338.07) $150,835.88 $143,851.89 $ 56,102.24

2008 Year-end Total

2009 Year-end Total

Cash

$221,230.98 $ 6,914.32

$225,876.90 $ 4,576.25

$ (4,645.92) $ (2,338.07) $150,835.88 $143,851.89 $ 56,102.24

Accounts Receivable Accunts payable Current year accrued profit Net cash (Taxable income) Income tax at 39% Cash Conversion at End of Tax Year

Accounts Receivable Accunts payable Current year accrued profit Net cash (Taxable income) Income tax at 39%

Figure 6-8. Converting from accrual accounting to cash.

Cash Conversion 2009 Year End Income

Accounts Receivable Accounts payable Current year accrued profit Net cash (Taxable income) Income tax at 39%

Cash Conversion Pro Forma 2010 Year End Alternative #1




$225,876.90 $ 4,576.25

$275,000.00 $ 6,000.00

Cash $ (49,123.10) $ 1,423.75 $375,738.00 $328,038.65 $127,935.07

Cash Conversion Pro Forma 2010 Year End Alternative #2




$225,876.90 $ 4,576.25

$290,000.00 $ 6,500.00

Cash $ (64,123.10) $ 1,923.75 $375,738.00 $313,538.65 $122,280.07

Figure 6-9. Ace Landscape Architects 2009 conversion from accrual accounting to cash and 2010 pro forma conversions for alternatives #1 and #2.

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alternative 1—another good reason for selecting the second alternative for expanding the firm.

like this:

Recording Financial Information—Elementary Accounting

If the firm were to borrow $100,000 from a bank, the firm would have an infusion of cash. Assets would increase by $100,000. Likewise, the firm would owe money to the bank, and its liabilities would increase by $100,000. Now the equation would look like this:

Double Entry and the Accounting Equation In performing financial accounting, the landscape architecture firm’s accountant keeps track of each event that will have any bearing on the firm’s financial condition. These events include actions such as the receipt of funds from a new partner who buys stock in the firm, increasing the firm’s assets, as well as the firm’s stockholder’s equity; billing a client for $10,000 in professional services, increasing the firm’s assets; or receiving a bill for $200 for computer plotting, increasing the firm’s liabilities. By keeping track of financial events as they happen, the accountant is able to present a financial picture of the firm using the language of accounting. In order to keep track of the firm’s financial picture, the accountant uses a journal to record the financial events. To ensure that all financial transactions are properly recorded, the accountant uses a system called double-entry bookkeeping. In order to understand the double-entry, think of it in terms of the basic equation of accounting: Assets = liabilities + owners’ equity Any event having a financial bearing on the firm will affect the basic accounting equation because the equation summarizes the entire financial position of the firm. By definition, the basic accounting equation must always remain in balance. Absolutely nothing can take place financially that would cause the basic accounting equation to become out of balance. A change in any one of the elements of the equation must result in a change in at least one other element of the equation. For example, let’s begin with a basic accounting equation that looks

Assets = liabilities + stockholders’ equity $500,000 = $400,000 + $100,000

Assets = liabilities + stockholders’ equity $600,000 = $500,000 + $100,000 The basic accounting equation is in balance. If one compares the second equation to the first, two numbers have changed. The term double entry simply means that it is not possible to change one number in the basic accounting equation without changing at least one other. The two numbers that are changed, however, need not be on opposite sides of the equation. What if the firm used a part of the $100,000 loan to purchase a new CAD system for a price of $15,000 and paid for the system with cash? The firm’s asset of cash would decrease by $15,000, while its asset of equipment would increase by $15,000. The equation would remain as: Assets = liabilities + stockholders’ equity $600,000 = $500,000 + $100,000 Although the basic accounting equation does not appear to have changed, it really has. The left side of the equation has both increased and decreased by $15,000. Although the totals on either side of the equation have remained the same, the firm’s accountant would have recorded the specific parts of the double-entry system that have occurred on the left side of the equation. Just remember that every entry must have a corresponding entry that results in keeping the basic accounting equation in balance.

Bookkeeping The terms debit and credit are mechanical tools used by financial accountants to carry out the

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double-entry system of bookkeeping. The use of debits and credits can be confusing to the person not trained in bookkeeping. Prior to actually using the debits and credits to balance a firm’s accounting records, bookkeepers modify the accounting equation. First, stockholders’ equity is broken into the two elements that contribute to it: contributed capital plus retained earnings. So the basic accounting equation becomes: Assets (A) = liabilities (L) + contributed capital (CC) + retained earnings (RE) More specifically, the change in assets equals the change in liabilities plus the change in contributed capital plus the change in retained earnings. Therefore, letting the change in each element of the equation be represented by the symbol delta, the equation can be shortened to:

If anything on the right side decreases, it is debited. The bookkeeping process is one of debiting or crediting the appropriate side of the equation. For example, if cash, which is an asset, is increased because a partner purchases stock in the firm, assets (on the left side of the equation) would be debited. At the same time, contributed capital (on the right side of the equation) would increase, so it would be credited, keeping the basic accounting equation in balance. If you find debits and credits confusing, don’t be alarmed. A bookkeeper for the typical landscape architecture firm uses computer software to keep the firm’s accounting records and its basic accounting equation in balance. The equation for each journal entry made by the bookkeeper must be in balance in order for the overall equation for the firm to remain in balance. The result is the firm’s balance sheet, which is one of the key accounting documents mentioned earlier that is most meaningful to the firm’s financial manager.

A = L + CC + RE

Chart of Accounts Moving further, retained earnings increase by adding net income and decrease when dividends are paid. Net income is revenue (R) minus expenses (E). Revenues increase a firm’s assets, and expenses decrease a firm’s assets. Dividends (D) are a distribution of some of the firm’s profits to its owners. Therefore, the basic accounting equation can now be stated as the change in assets equals the change in liabilities plus the change in contributed capital and revenues minus the change in expenses and dividends: A = L + CC + R − E − D Using algebraic functions, the basic accounting equation can be manipulated to reflect all positive functions: A + E + D = L + CC + R This last equation is manipulated by bookkeepers using debits and credits. Debits are increases in anything on the left side of this equation, and credits are increases in anything on the right side. If anything on the left side decreases, it is credited.

The complete collection of all the accounts of a firm is the general ledger. The accounts are classified into balance sheet accounts (assets, liabilities, and stockholders’ equity) and income statement accounts (revenues and expenses). A complete listing of all of the accounts by number and title is the landscape architecture firm’s chart of accounts. The chart of accounts is analogous to a table of contents for the business of the firm. Each account typically has an identifying number and a description. Over time, accounting practices have adopted the following account numbers and titles as conventional practice: asset accounts, 100–199; liability accounts, 200–299; stockholders’ equity and dividend accounts, 300–399; revenue accounts, 400–499; and expense accounts, 500–599. A chart of accounts may be lengthy and very detailed, or it may be general and include only a few account tides. As an example, let’s examine a liability account. A firm might decide to have a single account number called utility expenses, or the firm might decide to break down these expenses into several headings or accounts, each with its own number, including single accounts for telephone,

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cable, electricity, gas, water and sewer, and so on. The chart of accounts should be fine-tuned to provide the level of detail necessary for understanding and evaluating the income and expenses of the firm and the balance sheet. The income statement and balance sheet for Ace Landscape Architects (Figures 6-1 and 6-2) illustrate the chart of accounts for a small-sized landscape architecture firm.

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Selecting an Accountant

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A firm will require some or all of the following accounting services: 1. Bookkeeping 2. Regular reporting of financial statements, usually monthly 3. Tax preparation 4. Financial advising 5. Financial representation, such as for a tax audit. 6. Preparation of special financial reports, such as those requested by a bank or financial institution. All of these services may be found in a single full-service accounting firm, or the services might be provided by more than one firm. Some firms use a bookkeeping firm for financial recordkeeping services and a certified public accountant (CPA) for their tax and financial advisory needs. The availability of easy-to-use accounting and financial management software has allowed landscape architecture firms to do some or all of the bookkeeping and accounting work in house. Even if some of the firm’s bookkeeping work is carried out by a bookkeeping firm or internally using accounting software, the firm will need an accountant at some time during its life. Selecting an accountant is important to the long-term health of the firm. Use the following criteria when selecting an accountant: ■

Credentials. All accountants are educated in accounting processes and rules. A certified public accountant (CPA), however, has passed the examination given by the Amer-

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ican Institute of Certified Public Accountants. The examination requires not only accounting knowledge but also knowledge of business law and tax regulations. Experience with professional-service firms. Accounting for professional-service firms is different from accounting for manufacturing or retail companies. Willingness to work with the firm’s owners and business managers. Personality and comfort level with the professional working relationship. Cost and method of contracting for the services desired. Willingness to work with other firms, such as a bookkeeping firm, if all the accounting services are not procured from the CPA.

Accounting Software The wide range of accounting application software available for personal and business computers has made bookkeeping, accounting, and financial management for the design firm easy and effective for the nonaccountant. These accounting programs have made it possible for landscape architecture professionals to have greater control over in-house generation of financial reports, providing more readily available data for managing the firm. These software programs are effective because they use a few key data entries to integrate the component operations of the accounting and financial management process with project management. Typical accounting software includes the following integrated modules: ■

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Payroll. The design firm can calculate regular payroll and tax deductions, as well as make quarterly tax reports, usually based on the single entry of time from the employees’ time cards. Receivables. The firm can enter income when it is generated and produce an aging report of accounts receivable. The entries posted in the receivables module are automatically entered as revenue in the general ledger module.

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Payables. Amounts for materials, services, and items such as rent and utilities are entered when invoices are received by the design firm or regular monthly payments come due. After invoice amounts are entered, aged payable reports are automatically produced for the firm’s owners or financial managers. The entries are automatically entered as expenses in the general ledger module. General Ledger. The general ledger module lets the design firm prepare its own income and expense statement and balance sheet in house. Because of the integrated nature of the software, data that have already been entered in this module are supplemented by additional accounting information to produce these key reports that indicate the profitability of the firm. Checkbook. The accounting software makes keeping a checkbook a relatively easy chore. Checks written are automatically accounted for as cash disbursements.

Many small landscape architecture firms take advantage of the easy-to-use accounting software packages to carry out their own in-house accounting and produce their own in-house business reports. These in-house documents are then doublechecked by the firm’s accountant, reducing the overall cost of accounting services. Larger design firms of 25 or more landscape architects may employ a full-time bookkeeper or controller, who may use more sophisticated software and often produce all of the firm’s accounting needs in house. Large multidisciplinary firms that have branch offices located in a number of cities have accounting staff that do the in-house accounting. The information is sent to the central accounting office via the Internet. The electronic time card system makes the accounting, invoicing and payroll segments of the in-house accounting go smoothly from a single source of information. Some of the integrated accounting programs available on the retail market, such as Intuit’s QuickBooks, Acclivity’s MYOB, and Microsoft’s Small Business Accounting, are inexpensive and easy to use. These programs provide excellent inhouse accounting capability for small landscape architecture firms. Other business programs, such as

the Deltek Inc.’s Deltek Vision, provide advanced accounting software designed specifically to meet the needs of larger firms that require a wider range of financial management and project reports, such as job costing and project progress reports, and Internet-based data transfer. The byproduct of using in-house integrated accounting and project management software is a variety of other financial and project management reports that can be very useful to the practicing landscape architect. Project cost accounting reports, which indicate how profitable a design firm is on an individual project, are extremely useful in managing the flow of work and developing fees for similar future projects. The project cost accounting report is derived from the hours entered for each employee in the accounting software. Analyzing the project cost accounting report will indicate, for example, if too much time has been spent in the schematic phase of the project or the construction documents phase, or if too much time has been spent by principal-level employees versus draftinglevel employees. Summary reports that are produced from the regularly entered time card information and financial data are very useful to both financial and project managers of the landscape architecture firm. Some of the types of summary reports that can be prepared include: 1. Percent of work in progress completed. If a high percentage of the firm’s total work in progress, 80 percent, for example, has been completed, and few or no new projects are in the job-development pipeline, the firm’s managers will need to focus on job development or face a reduction in workforce. 2. Percent of billable hours. Effective financial management and profitability depend upon keeping the number of billable hours to a maximum versus the nonbillable hours. A landscape architecture firm may have a goal of 91 percent billable time for all of its employees, for example. The percent of billable hours report will indicate if that goal is being achieved. 3. Profit and loss trend reports. A summary report of the design firm’s profitability by week or month over a given time period is

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another interesting and useful management tool. Many of the accounting software packages also allow easy graphic depiction of the profit and loss trend line of the firm.

Overview of Accounting: Six Integrated Components The easiest way for the professional landscape architect to develop a grasp of managing the accounting process is to view it as six primary integrated components: 1. 2. 3. 4. 5. 6.

Time records Payroll Receivables Payables Cash receipts and disbursements Project cost accounting

Time Records Keeping time records is the cornerstone of the private practice of landscape architecture. In the accounting process, time records have a direct bearing on the payroll, receivables, and project cost accounting components. Every employee of the landscape architecture office, including principals and administrative staff, should keep an accurate record of the billable time spent working on specific projects, as well as nonbillable time spent on overhead or administrative tasks. Time-keeping records are used by the firm to 1. Pay employees 2. Produce invoices 3. Analyze the time spent to complete work on projects and the costs to the firm 4. Develop overhead multipliers used in negotiating contract fees

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largest percent of the firm’s cost of doing business. Each employee is assigned a labor rate, hourly wage, or salary, and is paid at a regular interval such as weekly, biweekly, or on the 15th and last day of each month. The labor rate times the number of hours worked in the payroll period or the salary per payroll period for each employee represents the gross payroll amount. After gross payroll is calculated, deductions must be made for FICA (Federal Insurance Contribution Act), which is a combined payment for old-age, survivors, and disability insurance (formerly called Social Security), and Medicare. The federal government sets the percentage and maximum amount each year. The employer pays the tax through payroll deductions and is required by federal law to match the amount paid by the employee. In addition to FICA, the employer must account for FUTA (Federal Unemployment Tax) deductions. The federal government also annually sets the percentage and maximum compensation to which the FUTA tax rate is applied. Deductions are also made for federal, state, and local income-tax obligations (withholding taxes), and for voluntary deductions such as medical insurance, disability insurance, payroll savings plans, and retirement plans.

Receivables The firm’s income or revenue is achieved through submitting invoices to its clients for services rendered. Compensation is based on the type of agreement with the client, fixed fee, hourly, or hourly with a not-to-exceed maximum amount, for example. Progress billings, which reflect the percentage of the project that has been completed, are commonly made on a monthly basis. The progress billings include amounts for labor, reimbursable expenses, and outside services such as subconsultants. Receivables create the revenue component of the integrated accounting process. The receivables are illustrated in an aged accounts receivable report, which is one of the most essential reports for financial management of the firm’s cash flow.

Payroll Payables The labor costs for completing the firm’s landscape architecture projects and carrying out the administrative functions of the firm represent the single

Requests for payment by subconsultants, vendors, and other firms or companies providing goods or

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services to the landscape architecture office constitute the accounts payable of the firm. They are illustrated in an aged payables report, another of the reports necessary for the firms financial and cash-flow management.

Cash Receipts and Disbursements The actual income (cash) received and the actual money paid out by the firm is recorded in the checkbook and is the basis for managing the cash flow of the firm. Cash-flow management is often the most critical day-to-day problem for the firm’s financial managers. It is directly tied to receivables and payables. A short-term line of credit or source of funds from savings or investments is an important element required for the successful management of cash flow providing liquidity when cash on hand or savings is not enough to cover payroll and payables obligations.

Livingstone, John Leslie. 1992. The Portable MBA in Finance and Accounting. New York: John Wiley & Sons. Mattox, Robert F. 1982. Standardized Accounting for Architects: A Guide to Understanding, Developing and Implementing Accounting Procedures (3rd ed.). Washington, DC: The American Institute of Architects. Spurga, Ronald C. 1986. Balance Sheet Basics: Financial Management for Nonfinancial Managers. New York: Franklin Watts.

Web Sites In addition to the Web sites cited in the text, the following sites contain additional information about the subjects discussed in this chapter: ■

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Project Cost Accounting ■

Project cost accounting involves tracking and analyzing the costs associated with rendering services on each project versus the revenue earned for each project. Project cost accounting involves analyzing the time spent, who is spending it, and how it is being spent on each project. It also involves analyzing the cost of direct expenses, such as computer plots, travel, or subconsultants’ expenses, required for the project. Project cost reports during the course of the project are absolutely necessary for effectively understanding profitability and the effectiveness of the project management. Final project cost printouts are very useful tools for estimating future project costs and setting up future project cost accounting reports and reporting procedures.

REFERENCES Finkler, Steven A. 1983. The Complete Guide to Finance and Accounting for Nonfinancial Managers. Englewood Cliffs, NJ: Prentice Hall. Hermanson, Roger H., James Don Edwards, and L. Gayle Rayburn. 1989. Financial Accounting. Homewood, IL.: BPI/Irwin.

Small Business Taxes & ManagementTM . Web site www.smbiz.com (accessed July 17, 2009) Intuit, www.quickbooks.intuit.com Acclivity (distributor of MYOB software), http://acclivitysoftware.com Deltek, www.deltek.com

STUDY QUESTIONS AND ASSIGNMENTS 1. Research the available business software that is best suited for a landscape architecture offices with the following descriptions. Write a comparative analysis of the software and make a recommendation for the best software for each type of firm described below. A. A small firm located in one city with a local regional practice area and seven employees B. A small one-person office with two parttime drafting staff and a focus on local residential and small commercial design. C. A 40-person office located in two sister cities, such as Oakland/San Francisco, Phoenix/Tucson, or Minneapolis/St.Paul with a practice area focused on the state and a full-range of typical types of landscape architecture projects. D. A 2,000-person multistate corporation with a central accounting and billing office located at the company’s headquarters.

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2. Research national statistics and other reference sources to find information on the profitability trends over 10 to 20 years for landscape architecture firms and other A/E firms throughout the country. Present your findings in a paper. 3. Develop a chart of accounts for a small landscape architecture office income statement in two ways: Develop one chart that is simple and uses only broad categories of operating expenses. Develop another that is made up of very detailed categories of expenses. Refer to Figure 6-1. 4. Using this chapter and other financial and accounting references, write a paper that discusses money and cash-flow management. Develop a list of methods and techniques for money and cash-flow management in a landscape architecture firm. 5. Using this chapter and other financial and accounting references, write a paper that explains your understanding of the basic accounting equation: Assets = liabilities + owners equity 6. Research the receivable turnover ratio and average age of receivables for landscape architecture firms and other A/E firms. Write a paper summarizing the 20-year trends for the average amount of time it takes for landscape architecture and A/E firms to collect revenue after invoices are sent out. 7. A landscape architecture firm receives a resource-planning contract for $350,000 in

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fees. The contract is to be completed over a two-year period. The owners of the firm expect their income from other contracts to remain at a constant level of $900,000 per year for the two-year period. The firm must expand to be able to handle the added workload. The owners have identified two alternative expansion plans: A. Hire a project manager and a junior-level landscape architect at a total salary cost of $65,000 per year. B. Purchase a GIS computer-mapping system at a cost of $20,000 and hire a professional experienced in GIS at an annual salary of $80,000 per year to work with existing staff. Using this chapter and Figure 6-5 as a reference, set up an income statement for the firm using year-end revenue of $1,250,000. Make operating expense such that the firm’s profit at year end is 8 percent Develop a pro forma income statement projected for two years of operations for each alternative expansion option. Make a recommendation for which expansion alternative to implement. Base your recommendation on the financial and accounting decisions. 8. Using this chapter and other financial and accounting references, write a paper that illustrates your understanding of financial ratios. Include trend ratios, liquidity ratios, and equity ratios. 9. Using this chapter and other financial and accounting references, write a paper that explains your understanding of the accrual accounting system. Discuss its advantages and disadvantages.

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7

Business Administration and Record Keeping

n spite of the most well-conceived administrative systems, the following words can all too often be heard in landscape architecture offices: “If I had a dollar for every time I couldn’t find something in this office, I’d be a millionaire,” spoken by a principal or project manager when a critical piece of project data can’t be found in the office files. The administration of the landscape architecture office, from keeping track of the firm’s projects to developing and maintaining filing systems to keeping up with the requirements of tax laws, is the hub of the business-management wheel. Without an efficient and easily used filing system, both digital files and hard-copy files, the office staff may be doomed to endless hours of lost time spent looking for information needed to run the business. A landscape architecture office of 15 to 20 people, for example, will produce a tremendous amount of material that needs to be filed:

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Project records, both computer files and hard-copy files, including: ■ Computer files of drawings, preliminary and final ■ Digital drawing components such as aerial photos, xrefs, and blocks ■ Digital and hard-copy files of information from other consultants working on the project, such as civil plans for horizontal and vertical control ■ Original reproducible drawings and stamped permitted sets of plans

Project design drawings, sketches, and computer models of design solutions ■ Project communication data, including correspondence, emails, and transmittals ■ Project design data, including product research, cut sheets of products used, Web sites, and electronic information from manufacturers or product representatives ■ Phone conversation records ■ Email archives ■ Construction administration records ■ Contracts ■ Invoices and billing history ■ Project utilization and profitability reports ■ Computer backup files Financial information for the current and prior years Personnel records Tax information and all previous federal and state income tax filings Insurance information Bookkeeping files Leases, long-term notes, and mortgages Marketing and promotional materials Photographs of completed projects, digital photograph files Information files and Web sites for specialty subconsultants Product literature and technical reference files Dead files and project archives, digital and hard-copy ■

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Computerization of the landscape architecture office has made office administration easier and more organized, but it has not reduced the amount of paper generated in the design office. In fact, computers allow more information to be processed, which in turn generates even greater amounts of hard copy to be filed. Computerization of the landscape architecture office has created additional administrative tasks such as managing computer files in addition to hard-copy files, and storing compact discs, flash drives, DVDs, and extra hard drives which have their own filing requirements. Managing computer backup systems is another very important element of the twentyfirst-century landscape architecture office. Trying to remember where something is filed on a hard drive, CD, or DVD can be time-consuming without a good electronic information filing system. The landscape architecture graduate will be surprised by the amount of materials that need to be filed and stored in a design office. The landscape architect in training, or new employee, will have to learn to use the electronic and hard-copy projectfiling systems when he or she begins employment with a new firm. As project administrative responsibilities increase, all of the office files will be used by the design firm employee. If the landscape architect is starting a new firm, he or she should plan on devoting a considerable amount of time to developing the administrative systems, filing methods, and business forms that will be used in the office.

Job Number—The Key to Office Administration The project-filing system in most landscape architecture offices revolves around the project number. Every project gets a number, and the number goes on everything related to that project—every email, computer file, letter, note, phone memo, drawing, invoice, or photocopy of a product literature cut sheet associated with the project. The project number should be located in a prominently visible place on hard-copy documents to aid in easy filing and retrieval. All of the digital files and the hard-copy files are set up using the job numbers in chronolog-

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Year the project is initialized Chronological number Category of work Type of work task

09167-19C Figure 7-1. Example of a job number.

ical order. Files may be kept active for a number of years; five to seven years is typical. Older files then can be archived, using the chronological system to organize the archived files also. A variety of job-numbering systems are used in landscape architecture offices. Figure 7-1 shows an example of a job number. The first five numbers are a general reference; the last two numbers and the letter are specific codes. The job number in Figure 7-1 tells the user the year the job number was issued, the sequential number of that job during the year, and the general category of work the job falls under. The letter is the part of the job number that is filled in on the time card so that the type of work by task can be tracked. A variation on the job number will normally be used to denote those projects that are in the job development phase rather than works in progress. Most firms give a prospective project a job number so that they can track time spent in job development. Job development time contributes to the overhead of running the office, which affects the office overhead rate or overhead multiplier. Some firms try to recoup time spent in job development, especially when a fixed fee is negotiated for the project. Implementing a job-numbering system allows all project-related materials to be filed by job number, including current electronic files, back-up files, and archive files. Storing all the electronic data for a project on a single storage device such as a compact disc or flash drive, is an effective way to organize electronic data files whereby the discs can be filed in order by job number. Remember to make backup copies of the discs.

Central Project-Filing System Using a job-numbering system with a central project-filing system is the best and most efficient

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way for office staff to access project information and files. If everything related to work on a specific project is always filed in a central computer file and hard-copy files, then every person working on that project will have access to the information necessary to carry on work on the project. All of the CAD files for example will be found under the project number in the office digital filing system. Anything that gets changed, added or subtracted from files on a daily basis will be known and available to all staff working on each project. Individual squirreling away of project information in desk-side hard-copy files or on the individual’s computer desktop is what needs to be avoided in the landscape architecture office. If four people in an office, for instance, are working on a design project with construction documents, they all need access to the files. Everyone needs to work from the central digital files, and all hard-copy information needs to be available to each of the staff. If one of the staff is working on the construction details while another staff person is working on the site layout plan, for example, both will need ongoing access to each other’s work to effectively develop the project. If the person working on the details were to keep the detail drawings on his or her computer desktop, it could lead to inaccessibility, errors, and wasted time. Here’s another example: Let’s say the principal in charge of the project gets a call from the client and needs to retrieve some information such as a product cut sheet to answer the client’s question about the durability of a specified product. The principal puts the client on hold and goes to the project hardcopy file to retrieve a copy of the product cut sheet but can’t readily find it. The principal goes back to the phone call and tells the client, “I’ll have to get back to you.” After the phone call, the principal finds that the staff designer responsible for the design project has been putting the product cut sheets in his personal desk-side files instead of the central file. This embarrassing situation could have been avoided if the project designer had been practicing office protocol and filing all of the project information appropriately in the central filing system. Using central computer and hard-copy project files that are accessible to everyone is unquestionably the best way to provide the platform for effective functioning of the landscape architecture office.

Enforcement of the central filing system methods must be one of the top operational objectives of the firm’s managers.

Category-of-Work Code In the example job number shown in Figure 7-1, the last two digits are a code for the typeof-work category. A type-of-work code is useful for studying the trends in the office’s procurement of work and for sorting out projects and retrieving project information for marketing purposes. The following list is an example of typical work categories for a landscape architecture office: Code

Category of Work

00 10 11 12

Job development Landscaping, revegetation, irrigation Commercial and retail Roadside beautification and transportation Parks and recreation Schools Hotels and leisure facilities Environmental assessment, resource analysis, resource planning, and GIS-based projects Historic preservation Land planning and urban planning Industrial parks Water conservation and irrigation Multifamily residential Single-family residential Graphics, computer models, physical models, and exhibits

13 14 15 16

17 18 19 20 21 22 23

This system of codes uses 15 numbers, but as many numbered codes as desired may be used. Using too many categories makes the system overly complex. Staff will have trouble deciding which category a job fits into if there are too many options to choose from. The key is to use enough categories to clearly differentiate the types of projects the firm works on, without excessive detail that makes the system unwieldy. The code 00 is used for the job-development phase of a project and is changed to an active code

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once the project is actually secured and a contract is signed. Some job-numbering systems have numbers to identify cities, states, or regions where the project is located so that a firm can track its geographic market penetration. Large multi-office firms use number or letter designations to identify which office the project belongs to.

Master Roster An important use of the project-numbering system is organizing the firm’s work in progress and work in job development status into a total list of the firm’s projects for reference by all employees. The project list, or project master roster, is updated regularly and used by all staff members on a daily basis to enter time on time cards and to organize their work. Whether digital or printed, the master roster is a handy daily tool. Office design staff often work on multiple projects at one time and will find it helpful to have a master roster close by to refer to. Jobs organized in a master roster provide a list that can be used for other administrative tasks, such as estimating the amount of fees remaining on a project in relation to the amount of work required to complete the project, resulting in a workload projection, described in Chapter 6.

Time Keeping Keeping track of the time spent on projects is the basis for managing projects and invoicing clients for the firm’s professional services. Time cards, either hard-copy or electronic media, are used by virtually every landscape architecture office. In a simple time-keeping system, office staff members fill in their time cards on a regular basis, using the job-numbering system and a work task code that identifies the specific type of task carried out by general categories or a specific project segment identified in the scope of services. Office administrative staff enter time card information into the office time management and invoicing system, which can be a simple spreadsheet system developed by the office managers, to create project time reports, project progress reports, and reports used

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to prepare invoices. In more complex computerized time-keeping systems that are subfunctions of integrated business software systems, after time is entered on computer time cards, reports and invoices are automatically produced by the software. Tracking the type of work tasks completed by office staff is necessary for producing accurate project time reports so that office staff and project managers will know not only how much time has been spent on a project but also what tasks the time is spent on. Numbers or letters can be used to designate the different types of work tasks carried out by the office staff. The numbers or letters can represent general categories, such as those listed below, or they can be tied directly to the categories of work identified in the scope of work. The numbers or letters are entered on time cards and turned in at the end of a one-week or two-week period for data entry into the office’s time-keeping system. A typical letter system for a design-oriented landscape architecture office would include the following letters and work task codes. This letter system would be treated as the firm’s default system of work tasks. Code

Type of Work Task

A B

Job development and precontract work Research, data collection, start-up, site reconnaissance, fieldwork, base plans Site analysis and schematic design Design development Construction documents Services during construction Graphics and renderings Report preparation Project management and administration Additional services

C D E F G H I J

The type-of-work task codes can be adapted to a specific project by changing the task descriptions or adding new tasks and letter codes in order to create task codes only for that project. The project manager would be responsible for developing the project-specific task codes and making the list available to each employee working on the project. The project manager also would make the project-specific task codes known to the office

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administrative staff because the codes would need to be set up properly in the office computer systems for time tracking and invoicing. The following is an example of a project-specific task code for an environmental assessment project. Code

Type of Work Task

A B

Job development Site reconnaissance, fieldwork, data gathering GIS base plan GIS data entry GIS data analysis and site analysis Set up public interest group database Public interest group input meetings Develop and prepare draft report Public interest group feedback meetings Prepare final report Project administration

C D E F G H I J K

Type-of-work task codes can be very specific. Again, the rule of thumb is not to make the work of time keeping so complicated and tedious that employees balk at the process. The following is an example of a coding system that uses letters and numbers to provide greater detail on employee work activities by phase and task codes. This system would result in more detail available to project managers in project progress reports.

A A1 A2 A3 A4 B B1 B2 B3 B4 B5 B6 B7

PRECONTRACT AND JOB DEVELOPMENT Client contact/job development meetings Job development tasks and project research Proposal writing Contract negotiation PROJECT ADMINISTRATION Project initialization and file setup Internal accounting, administration, and billing Project progress meetings Quality-control plan Management reports Subconsultant management General project administration

C4 C5

SCHEMATIC DESIGN (30%) Site reconnaissance Site analysis Quantity takeoff, budget analysis, and cost projection Base plans Schematic design

D D1 D2 D3 D4 D5 D6 D7 D8

DESIGN DEVELOPMENT (60%) Design development Planting design Irrigation design Grading design Product and materials research Construction detail design Quantity takeoff and cost projection Outline specifications

E

FINAL DESIGN AND CONSTRUCTION DOCUMENTS (90%) Layout plans Grading plans Planting plans Irrigation plans Construction details Quantity takeoff and cost projection Specifications

C C1 C2 C3

E1 E2 E3 E4 E5 E6 E7 F F1 F2 F3 G G1 G2 G3 G4 G5 G6 G7 G8 G9 G10 G11

FINAL DESIGN AND CONSTRUCTION DOCUMENTS (100%) Checking and revisions Quantity takeoff and cost projection Project design closeout CONSTRUCTION ADMINISTRATION Pre-bid meeting Bid analysis Preconstruction meeting Construction observation and field reports Weekly progress meetings and reports Review submittals and shop drawings, reports Review and approve change orders Review and approve pay requests Final inspection and punch list General construction administration Project closeout

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In addition to tracking time spent on project tasks by codes, the landscape architecture office should track time spent on various overhead tasks by letter codes on the time cards. Landscape architecture firms have a number of overhead tasks that are not billable to clients. Job development time, vacation time, sick time off, general overhead, and other nonbillable time must be tracked on time cards and entered into the office time-keeping system. A sample of overhead task and letter codes is shown below. When combined with the project default tasks, these overhead tasks provide the complete listing of the firm’s work tasks that are typically entered on employee time cards. Code

Type of Work Task

O

General overhead, project planning, and management General leave, paid time off Sick leave Holiday Professional societies and community service

L S H P

An example of a time card and entries is shown in figure 7.2. Note that the entry of information for each line item of work includes the project number, the type-of-work task code, a brief description of the work carried out, and the amount of time worked on the task. The brief description provides further detail about the work task completed by the employee. The description is useful if the invoicing for the project is on an hourly basis, and the client wants to see a description of the actual tasks carried out by the employee. Office practices vary on the smallest breakdown of time that employees are required to report on their time cards. The smallest unit of time commonly used by firms for time-keeping purposes is one-tenth of an hour, or 6 minutes. One quarter of an hour is commonly used. Using half-hours or full hours may not provide enough of a breakdown to fairly keep track of time. The smallest unit of time keeping is established as a general operating procedure by each firm. The size of the fee and the duration of the project may affect the time-keeping process. Employees working on a project with a very large fee and a long duration may know in advance

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that 100% of their time for the week will be spent in data collection on the project. The time card entry will be simple. Forty hours will be entered under the project number and code for data collection. The need for more detailed breakdown of time entries occurs when the project has a small fee and a full scope of work.

Filing and Records Management Every landscape architecture office has a need to file information and manage records. The need is no less important in a small firm of one to twenty employees than it is in a large firm that may employ several hundred or thousands of employees. An effective filing and record management system, both electronic and hard-copy, is important for any size of landscape architecture firm and includes the following attributes: 1. It is efficient, expandable, and easy to use. 2. It is uniform and has a method of organization. 3. It protects the firm’s vital records and keeps financial and personnel information secure. 4. It includes current files and archives, both digital and hard-copy. 5. It includes the development and management of forms. 6. Digital and hard-copy systems are compatible and similar.

Efficient, Expandable, and Easy-to-Use Central Files An effective filing and records management system for digital and hard-copy files allows for the routine handling of project files, information, documents, and records. Every filing system will grow in size and must have expandability in its method of organization. It also must have the physical room and computer drive capacity for expansion. Many highly organized filing systems have come

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Figure 7-2. Example completed time card

Foothills Middle School Sun America Planned Community Ramada Inn–Brookfield Ramada Inn–Brookfield Rillito River Park Rillito River Park Anderson residence Downtown revitalization plan

Project Name

F

Total Time:

Total Overtime:

8

8

1.6

8

6.5

1

8

8

6.3

7.8

3.1

T

Total Regular Time:

1.7

W

0.2

T

4 3 2

M

Schematic site lay out 0.5 Site analysis 3.5 Sbase plans 4 Design development Planting plans Irrigation plans Construction observation Proposal

Work Completed

2

0

2

S

0

S

44.6

4.6

40

5.5 3.5 4 14.1 6.5 4 3 4 0 0 0 0

Total Hours

20:26

09132-14 C5 09134-18 C3 09172-14 C4 09172-14 Di 08190-13 E3 08190-13 E4 08178-22 G4 09198-00 A3

Type of Work Code

July 30, 2010

Job Number

Employee Name: Katherine Anderson

Year: 2009

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unglued when the need for expansion, caused by growth in the sheer volume of materials, was not preplanned. Complementing expandability is the need to eliminate filed materials that are outdated, useless, or past the time requirements for records retention. Regular and planned weeding out of files is very important to the success of an efficient filing system. A client’s going out of business may eliminate the need for the landscape architecture office to keep information on the client. The statute of limitations for each state provides a guide for the recommended retention time of legal documents and information. The Internet provides hundreds of sources for recommended record retention requirements on a state-by-state basis. The following general guidelines for retaining information and records may help administrators of most landscape architecture offices develop a policy for what material may be weeded out and when:

■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■

PERMANENT RETENTION All vital records, corporate charters, articles of incorporation, incorporation records, bylaws, minutes of stockholders’ meetings, minutes of board of directors’ meetings, stock ledger, stock sales or transfer records, corporate resolutions, partnership documents, income tax returns and related documents, all documents pertaining to income tax liabilities, IRS determination letters, tax audit records and related tax bills, annual reports, contracts, capital leases, claims regarding any tort cases, records of arbitration, records of mediation, trade name or trademark registrations, patents, copyrights, deeds, mortgages, bills of sale, charts of accounts, insurance records, claims, records for garnishments, pension plan, profit-sharing plan, personnel files, the personnel manual, property records, depreciation schedules,, training manuals, project record archives, annual financial statements, executive correspondence, directives from owners or corporate officers, office procedures, the administrative manual, file copies of the firm’s forms.

■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■

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PERIOD RETENTION Three years: Payroll checks, monthly financial statements, accounts payable invoices, bank deposits, bank statements, expense reports, payroll registers, petty cash records, travel expense reports, time cards, accounting and audit work papers, insurance policies Five years: Employee withholding records, accounts receivable invoices, equipment repair and maintenance records, canceled checks Seven years: Office equipment records, cash receipts records, payroll records, one copy of all project-related data (Gill 1988, see also the Record Retention Guide on the Web site of Jacobsen & Wachterhauser PLC, http:// phxcpa.net/)

Central Project Files Computer files for project records should be organized around the job number system. The job number and project title should be the first point of entry into the computer filing system. Once into a job file, typical subfiles can be used to organize the data. Broad categories of subfile information will allow the same general subfiles to be used for all of the firm’s projects. A consistent subfile directory makes it easier for the office staff to find information from project file to project file. Here’s an example of a computer project subfile directory: ■

■

■

■

Project Admin Contract and scope of work Emails (in) Emails (out) Correspondence Phone notes Meeting notes Project Research Product information Project-related Web sites Photos Existing site Construction Completed project Design Plans

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■

■

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Elevations Sketches Graphic files Construction Documents Schematic and concept design Design development 75% complete 90 percent complete 100 percent complete PDF files Specifications Subconsultants Surveying Civil Architectural Electrical Structural Geotechnical Drafting Xrefs Blocks Print files

Hard-copy filing cabinets for central project files should be accessible and also organized around the job number and project title. Hard-copy project files should also have subfiles. Here’s an example of hard-copy folder titles for a typical project:

filing system to file all of the firm’s project-related information. Filing everything by its job number is the single filing directive that all employees must obey. If a filing system is too cumbersome and physically inaccessible, it will be self-defeating. A filing system that is difficult to use causes employees to pigeonhole information and develop a plethora of wildcat personal filing systems. Pigeonholed information leads to inefficiency and lost project data. An effective hard-copy filing and records management system will have some or all of the following characteristics. It should: ■

■

■

■

■

■

Project Admin (information filed chronologically and including contract and scope of work, emails (in), emails (out), correspondence, phone notes, meeting notes) Site data (hard copy of site surveys, photographs of existing conditions) Project design data (including product cut sheets, notes, sketches, contacts, color samples) Hard copy of project submittals (normally at half-size, e.g., 30 percent, 60 percent, 75 percent, 90 percent, and 100 percent submittals; written specifications; project manuals)

■

■ ■

An effective computer filing system will have some or all of the following characteristics. It should: ■ ■ ■

File drawers should not be overstuffed, causing difficulty in removing or inserting paper. The system itself should be as simple as possible. The job number can be used as the basis of a numerical

Be organized based on the job number system and use consistent file folder designations Provide for archiving of old project files in archive filing cabinets remote from the dayto-day files and/or by scanning old project files and storing them on back-up digital devices Reduce or eliminate countless hours of staff time spent searching through useless volumes of information in search of needed documents or information Provide for the security of vital, sensitive, or confidential information Enhance overall efficiency of the landscape architecture office and increase the potential for office billable time Mitigate the proliferation of costly filing cabinets that require expensive office floor space Save money on expensive filing supplies and equipment Minimize office clutter Destroy sensitive information as needed by using a shredder

■

Provide for secure access with a password Be arranged chronologically by job number Be accessible and networked on a central hard drive file so that all of the staff in the office will have access to the project computer files Provide for digital back-up of files, typically on a daily basis but no less than a weekly basis

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■

■

Provide for digital archive files, typically on CDs, DVDs, or portable hard drives Include everything generated for the project, including all of the digital files and scans of all hard-copy information

Uniformity and Organization There are different ways to arrange or classify the information located within digital and hardcopy files that are adaptable to the requirements of a landscape architecture office: alphabetically, numerically, by subject, or by color. Whichever method is used, the key to organization is labeling every record with the number, letter, color, or subject code. Alphabetic systems use the letters of the alphabet, A through Z, as the general file identifiers. The specific items, such as persons’ names and manufacturers’ names or addresses, are arranged alphabetically. Alphabetical systems are useful for personnel files, office administrative files, subconsultant files, and product literature files. Alphabetical organization is the most commonly used method for organizing the material actually filed within a file. The default system on computers normally organizes electronic files alphabetically. Numeric systems are most often set up with the numbers arranged consecutively. Numeric systems work well for arranging files chronologically. Filing by dates is a numeric system useful for digital project files. Numeric systems are excellent filing methods when the records are prenumbered, such as check registers and invoices, or when documents receive an assigned number, such as a job number. Subject filing is used to arrange records according to what the information is about. Subject filing is difficult to administer and is frequently combined with a numeric or alphabetic system. The subjects are first arranged in meaningful topics, and then a number or letter is assigned to each topic heading. Color coding is usually combined with a numeric or alphabetic system, providing a dual or overlay function to the filing system. Color coding is used in hard-copy files. Colors of files can serve as references, for example, to very large categories of information. Business administrative files can

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be red; personnel files can be orange; accounting files, blue; project files, white; and so on. Colors also work well as a way to subdivide a recurring file category. If project data are filed by job numbers, color file folders can be used to identify different subfiles, paving materials, plant materials, or site furniture, for example. In every project file, contract information is always found in the red files, invoicing information is always found in orange files, correspondence is always found in blue files, project data are always found in green files, and so on (Gill 1988 and Lundgren 1989). No matter what method of classifying and managing files is used, the filing system must be applied in a uniform fashion for the system to be organized and efficient.

Vital Records Those records that are necessary to reconstruct the landscape architecture firm in the event of a disaster are considered vital records. These records include the corporate charter, corporate minutes, the number of stockholders, and the amount of stock held by each stockholder. Vital records include the firm’s main contracts for work in progress and the project information files and billing records for work in progress. All legal documents, such as leases and deeds of trust, are considered vital records. Original copies of office procedure memorandums and manuals, as well as office forms, should be kept with vital records. Some records are considered vital because of the sentimental value attached to them, such as the original copy of an ASLA Honor Award. Keeping backup copies of digital files either off-site or with an online service is the best way to manage vital records. Hard copies of important corporate and legal papers should also be stored in an offsite location. Redundancy is an applicable concept for maintaining vital records. The loss of essential documents and information on work in progress can cause serious financial hardship and legal difficulty for a landscape architecture firm. The loss of vital records may even cause the firm to go out of business. In the event of a disaster, valuable papers insurance coverage has saved many firms from total loss and going out of business. Every landscape architecture firm should

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have vital papers coverage under the firm’s general liability insurance coverage. A landscape architecture firm should have a plan for recovery from disaster and loss of vital records. Off-site storage of vital electronic and hard-copy records is part of most disaster recovery plans. Here are several steps that every landscape architecture firm should take in order to develop a disaster recovery plan:

tasks for managers and office administrative staff. Some of the considerations include: ■

■

■ ■

■

■

■

■

■

■

Assess the risk associated with the loss of office records, and rank each record or type of record on a risk value scale, such as from one to ten or from low to high risk. Determine the amount of time that would be needed to recover critical office functions in the event of a disaster, and develop ways to minimize the time. Develop a specific plan for storing and recovering vital records that includes elements such as off-site storage of vital records, computer backup policies, and a reciprocal agreement with another firm to use space, equipment, and records in the event of a disaster. Define the specific roles of the firm’s officers, responsible senior staff, and employees in the event of a significant loss or disaster. Establish firmwide procedures for continually updating and maintaining the disaster recovery procedures. Include the procedures, in detail and step by step, in a firm disaster recovery manual. At regular time intervals, test the disaster recovery plan with a dry run.

■ ■ ■

■

Landscape architecture firms obtain forms both by ordering them from suppliers that specialize in developing and distributing a wide range of forms for business use, and by developing and printing the forms in-house—with the latter method typically being the preferred method. Page layout and design software, combined with laser printers, has made the task of developing and designing in-house forms an important part of most landscape architecture offices. The following administrative forms, digital or hard-copy, are commonly used by landscape architecture offices: ■ ■ ■ ■ ■ ■

Forms

■ ■

Every landscape architecture office uses a number of digital and hard-copy forms in the day-to-day work and administration of the office. Forms are used for repetitive administrative and project management activities. When appropriately designed, forms are a helpful resource, reducing repetitive work and increasing the productivity and efficiency of office staff. Developing, refining, and managing the use of digital and hard-copy forms are time-consuming

Developing only necessary forms for truly repetitive tasks where time savings will be realized Developing digital forms that can be completed both on and off the computer Designing forms for maximum effectiveness Refining forms over time so they continue to work better Eliminating unnecessary forms Simplifying forms for easy use Consolidating forms that have overlapping purposes Reproducing and stocking hard-copy forms

■ ■ ■ ■ ■ ■

Routing forms Time cards Phone message forms Email message forms Call records forms Photocopy records Computer plotting records Travel report forms Transmittal letter forms Fax transmittal forms Reimbursable expense forms Mileage report forms Petty cash forms Supply requisition forms

Four commonly used forms, letter of transmittal, fax transmittal, travel expense report and routing form, are illustrated in Figures 7-3 to 7-6.

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Figure 7-3. Example of a letter of transmittal form.

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Figure 7-4. Example of a fax transmittal form.

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:

Figure 7-5. Example of a travel expense report form.

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Figure 7-6. Example of an office hard-copy routing form.

Developing and designing a form is best accomplished by, first, recognizing the need for a form and, second, utilizing a form’s content and usage checklist. The following content and usage checklist for a landscape architecture office is adapted from Donald B. Tweedy’s checklist in his book Office Records Systems and Space Management. 1. What is the purpose of the form? How is the form used? 2. Is there a clearly established need for the form? 3. Could the purpose of the form be served by a different type of document? 4. Is the form to be developed in both digital and hard-copy formats? Is the form only to be developed for digital use? Is the form only to be developed for hard-copy use? 5. Are there any legal questions related to the use of the form?

6. Are there any security issues related to using the form? 7. Have all of the office staff been consulted about the use and design of the form? 8. Have office staff been asked to review drafts of the form prior to final production? Has the form been tested under all expected working conditions? 9. Has the form been used on a trial basis to work out the kinks prior to formally introducing the form? 10. Who fills out the form? 11. Is the form to be emailed or hard-copy mailed? How does it relate to envelope sizes? 12. Is the form going on the firm’s Web site? On a project Web site? 13. Will the form require multiple copies to be filed? 14. Does the form require instructions for its use? 15. What is the source of errors expected in using the form? 16. How frequently will changes to the form be required? Monthly? Annually? Never? 17. Is folding required? 18. Does the form require sorting? 19. Will information completed on the form be entered into an office database? 20. Does using the form require any special devices or equipment? 21. Is the size or layout of the form limited by available equipment, plotters, printers, computers, or business machines? 22. Can the form, whether digital or hard-copy, be purchased from a supplier at less cost than developing it in-house? 23. Is there an existing format that can be adapted for developing and designing the form? 24. Is information on the form copied onto other documents? 25. If information is copied onto other documents, how does the process influence the design of the form? 26. Is the sequence of data on the form convenient for copying onto other documents?

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27. Is the form to be filled out by hand or on the computer? Does the form require both electronic and hard-copy formats? 28. How is the form to be filed? 29. Does the form have a specific space requirement for filing? 30. Does the form require a special paper for handling, permanence, or writing? 31. How long is the form to be kept? 32. Have the working conditions for filling out the form been considered? Will the form be filled out while the user is outdoors on a site, for instance? 33. Will the form be designed with the firm’s logo or other identifying element on it? 34. What can be done to simplify the form? 35. What can be done to reduce the cost of the form? 36. What type of writing instrument is likely to be used to fill out the hard-copy form? 37. Does the hard-copy form need to be bound in a loose-leaf folder? Can it be made up in tablet format with a gummed edge? 38. Is the size appropriate for filing cabinets and/or printers? 39. Does the heading or title make the purpose of the form clear? 40. Can the title be made briefer? 41. Will the use of color or shading aid the usefulness of the form? 42. Is the wording of questions concise and clear? 43. Are type style, boldface, italics, and other typographic techniques used to give the appropriate emphasis? 44. Is the layout convenient for entering information? Does it facilitate a logical sequence of thought? 45. Does the form require mathematical computations? Is the form best set up on spreadsheet software? 46. Does the form require data entry that will be analyzed using database software? 47. Does the form have to be designed to work with a window opening in an envelope? 48. Have folding marks or instructions been provided if the form requires folding? (Tweedy 1986)

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Landscape Architecture Office Files and Records Management Project Data and Project Information Files There are two general types of project filing requirements in the landscape architecture office: active projects files and dead project files.

Active Project Files

Active project files, whether they are digital or hardcopy, are used for active project data, contracts, and other active information. They are accessed by all of the office administrative and professional staff on a daily basis. Small offices may have several filing cabinets, organized by job numbers. The files are open and accessible by all of the firm’s staff. Sometimes the office secretary is assigned the task of retrieving and refiling hard-copy information in order to have central control over the ongoing retrieval and refiling of project materials. Larger offices may have a file checkout system controlled by a filing clerk, and all retrieval and filing of project files will go through the clerk. Flat files and hanging files, such as those illustrated in Figure 7-7, are very useful for filing hard-copy drawings in progress and archiving drawings. Active project computer files will also be accessed by professional staff through computer network systems or data storage devices shared by the project staff. The larger the office, the greater the control procedures required for shared computer files, to prevent data from being lost and to guard against glitches and computer viruses. All of the information and data related to the execution of a design project should be located in an active project file—filed under the project’s job number. Some projects may be very small and have little information to file. In these cases, there may be a single hard-copy file folder or computer file for project-related materials. Many projects, however, tend to build up large quantities of paper materials and electronic data that need to be filed, and

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Figure 7-7. Flat files and hanging files are very useful for filing hard-copy drawings in progress and archiving drawings.

breaking the project records into subfiles is helpful. Typical project subfiles may include the following: ■ ■ ■ ■ ■

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Correspondence Transmittals Project data and notes Phone memorandums Contracts and contractual matters such as insurance records Subconsultant records Information from subconsultants, such as the site survey or engineer’s plans Billing files History of payment on accounts receivable Construction administration, including: ■ Field notes ■ Weekly progress meeting reports ■ Submittals and approvals ■ Meeting notes ■ Correspondence and transmittals ■ Change orders ■ Pay applications ■ Telephone memos

All project-related materials should be filed, no matter how insignificant they may seem, and

all project-related materials should have the job number inscribed on them. Emails, both outgoing and incoming, ought to be filed electronically in the project’s digital file. Website addresses that are accessed for project information can be filed electronically, especially Web sites where product information used in a design project is obtained. It is always surprising to design-office staff how often materials in a project file need to be found and referenced, not only for working on that specific project, but also for working on other projects. Construction administration files are often filed in a loose-leaf binder under the headings cited above. A loose-leaf file can be kept by the professional staff member who is carrying out the construction administration services. This system works well because of the regular need for the construction administrator to refer back to memos, phone records, pay requests, change order requests, submittal approvals, and all other information generated during the construction process. Transmittals of job site information from contractors also tend to be in hard-copy formats which can be inserted in the loose-leaf file. They also can be scanned for digital files. After construction is completed, the loose-leaf record of project construction can be

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transferred to filing cabinets for archiving, or it can be left in the loose-leaf file itself and placed on a shelf with other completed construction administration files. It also can be scanned for digital storage. Dead Project Files

Dead files, or project archives, may not be accessed on a daily basis, but there is a recurring need to access archived project materials, especially electronic files. A construction detail used on one project frequently is used as the basis of a construction detail on future projects. In fact, computer filing systems are highly useful in providing quick access to electronic files that can be used over and over again. Completed project files, or dead files, contain project data that are often very useful for applying to future work. Dead file information may need to be accessed to fulfill requests for information by a former client or for problems related to completed work, such as third-party lawsuits or claims made on professional liability insurance. Dead files also need to be accessed for information needed in job development efforts and creation of project cut sheets. Whereas dead files do not require the regular access that active project files do, they are indispensable when the need for the information in them occurs. Dead project files and project archives are a headache for office administrative managers. The typical landscape architecture office generates a very large quantity of computer files that take up significant storage capacity on shared network drives, and also considerable hard copy, drawings, and other project-related information such as photographs. The storage space requirements, even the actual storage techniques, such as how the drawings and reproducible plans are filed, present a constant challenge to landscape architecture office administrators. Sometimes archive storage requirements are large enough and office space so limited that the firm will need to use off-site locations. Flat files and hanging files are used for archiving project drawings and reproducibles. Storage cartons and round storage tubes are other methods used for long-term filing of drawings. Filing cabinets are used for hardcopy and photo morgues. Cardboard files are often used for older archived projects in an attempt to

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keep down the cost of storing completed project information. Scanners and scanning software are significant technological advancements that are extremely useful in managing dead files and project archives. All offices have access to in-house or contracted scanning services, which makes digital records possible for all of the project information that otherwise would need to be stored as hard copy. Hand-drawn sketches, renderings, and other hand graphics are examples of project data that can be scanned and stored digitally in archive files. Scanning is also good for original copies of project plans that are permitted and stamped by governmental permitting agencies. Removable hard drives and redundant servers are valuable devices for storing large amounts of information, including direct back-up of digital files and scanned files. Online scanning and digital information storage services are another useful option for landscape architecture offices faced with large data storage requirements for dead files. Combining an online backup service with digital file storage for dead files is a useful technological option for landscape architecture offices. Online services provide remote access to files using the Web. The simplest and most economical method of storing dead hard-copy project files is the system adopted by the typical landscape architecture office. This usually entails moving active hard-copy files and drawings to archive storage areas. If this system is used, hard-copy project files and drawings should be cleaned out before putting the material in dead project files. Only the absolutely essential project materials should be archived, and duplicate materials should be weeded out of the files. Computer files should also be cleaned up and moved to the computer archives. Some offices keep all of their archived project files covering every project completed by the office from day one. Keeping all project records from the start of the firm, however, will ultimately result in overwhelming storage requirements. If hard-copy storage space is not costly, storing all of an office’s project records will provide a valuable historical perspective on the planning and design output of the office. Just think, for instance, how little we would know about Frederick Law Olmsted if he had not kept the records of most of his work.

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In most offices, however, the dead project files should be cleaned out periodically, and the oldest hard-copy project files may be eliminated from the office archives, especially if the hard-copy files are printed from digital files and if nondigital files are scanned. There is one time when the need to reduce and clean out project archives becomes most important—when the office moves or merges with another office. Moving provides a very good incentive to lighten the load of dead project files. General Design Files

Landscape architecture offices have a need for filing general design data, standard specifications, and construction details. The general design information is used over and over again on projects, but adapted specifically to the needs of each project. These general design files may be hard-copy files and/or electronic files; however, the majority of this information is filed digitally or accessed on the Internet. Most offices keep an electronic file of graphic symbols, notes, and construction details, which can be accessed by the firm’s landscape architects and tailored to project-specific conditions. Graphic symbol files are typically related to the software they are used with, including Photoshop, AutoCAD, Google’s SketchUp, and others. Many Internet sites are also readily accessible and can provide digital construction details, specifications, graphics, and other design information. Product Files

Before the twenty-first century, it was not uncommon for landscape architecture offices of all sizes to have large physical file areas set up for manufacturers’ literature, usually in loose-leaf binders, and actual materials samples, such as pavers or concrete blocks. The Internet has made the product files largely obsolete. Because the Internet is so accessible and readily available, it is the “go to” first option of choice for all practitioners today. Whereas considerable office space used to be devoted to product files, today the hard-copy and samples files take up less room. The files are usually limited to the binders of preferred distributors, and the product samples are usually limited to only those product samples being used on current projects. Today a lot of attention needs to be paid to managing “Favorites” browser lists and linking

product Web sites to project computer files. Most offices have product files located on the server or network files, and individuals also will keep their own Favorites lists. Personnel Records

An individual file for every person hired by the landscape architecture office is a necessity for keeping track of the personnel information required for every employee. Digital and hard-copy personnel records for each employee include the following information: 1. Home address, phone number, and whom to notify in case of an emergency 2. Information on federal and state withholding taxes (e.g., W-2 forms) 3. Completed job application form 4. Employment agreement 5. Re´ sume´ 6. Annual, semiannual, or special work review records 7. Personnel memos and records 8. Payroll records 9. Records of pay increases 10. Records of annual benefits and paid time off 11. Information about the employee’s achievements while employed at the firm 12. Reprimands 13. Record of termination of employment 14. Exit interview 15. Any other information, such as newspaper clippings or blogs, related to the employee’s activities while employed by the firm The personnel file is important, not only while the employee is actively working for the landscape architecture office but also after the employee leaves the firm. Requests for information are common long after the departure of an employee, including (1) requests for references from future employers, (2) verification of employment dates for mortgage companies, (3) requests for information by the IRS, (4) information needed by state boards of technical registration, and (5) requests by the former employee for information relative to the period he or she worked for the firm, or for recommendation letters. For all these reasons, access to personnel

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records continues long after an employee has left the firm. Security is important for both hard-copy and electronic personnel files. Computer files should be name- and password-coded so that only principals and human resources staff can access the files, in addition to the employee. Hard-copy files should be locked, if possible, with explicit instructions to the office staff about who has access to the hard-copy files. Financial Records

The owners of the firm, top management, and administrative staff need to access the office financial files on a daily basis. Today it is hard to imagine that a landscape architecture office would not be using an integrated financial and project management software program to keep track of most of the firm’s financial records. When hard-copy files are used, either for a small office or for back-up in a larger office, the files contain the data and information necessary to keep the financial records of the company and provide information for bookkeeping. The best time to update many of these financial files is at the beginning of each new calendar or fiscal year. Because many of the financial records are kept on a monthly basis, the files will be ready to be used if each month is set up at the beginning of the year. Information normally kept in financial files includes: ■

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Monthly records of payables and copies of checks written for the payables Monthly records of revenue Deposit slips Vendor payable files Subconsultant payable files Monthly P&L statement and balance sheet Checking account balance and records of checks written Travel report records Records of long-term notes and amortization schedules

Payables records. During the course of each month, the landscape architecture office receives numerous invoices from suppliers of goods and services to the firm, as well as invoices for rent, utilities, telephone, and the like. These invoices

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and copies of checks written to pay these invoices are kept in a monthly file because the information is normally received on a monthly basis and the records are used to create monthly financial statements. Office administrative and financial computer systems also allow the printing of a monthly accounts payables report that is included as a part of the monthly payables records. Revenue records. Invoices are usually sent to clients on a monthly basis. Copies of invoices are filed in a billing file that provides a running account of billings to the client—a billing history. Revenue is received primarily in the form of checks. Copies of the checks and the invoices the clients are paying are kept in files. The firm’s bookkeeper or accountant uses these monthly records of income in preparing the monthly financial statements. Vendor files. Each landscape architecture office uses a variety of vendors that provide goods and services to the firm and usually bill for those goods and services on a monthly basis. A file should be set up for each vendor in order to track the copies of bills of sale and merchandise received against future invoices and statements. Copies of checks made out to the vendors may also be kept in the files. Subconsultant files. If a landscape architecture firm is active as a prime consultant, it will employ a number of specialty subconsultants such as structural engineers, electrical engineers, archaeologists, botanists, habitat consultants, and others on a regular basis. Information should be kept in the project’s contract or billing file, usually filed by the name of each subconsultant, for all of the contract and financial activity related to subconsultants serving on each project. These files should contain copies of invoices, copies of checks used to pay the invoices, and information relating to any adjustments made in amounts owed to each subconsultant. The information not only is used in preparing monthly financial statements and project progress reports, but also provides the data for annual taxrelated tasks such as preparing federal 1099 forms. Another area of subconsultant information associated with marketing and job development is the data, re´ sume´ s, and materials for the firms that the landscape architecture office uses for subconsulting activities. Typically this material is received directly from the subconsultant via digital file transmittals as

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needed for each marketing effort. Of course some or all of the information may be kept in hard-copy files, but the digital processing of subconsultants’ information has basically eliminated the need for hard-copy files. Today virtually all of the information needed for obtaining subconsultant information to use in proposals is available digitally by directly contacting subconsultants and by using information from subconsultants’ Web sites. Developing a computer database filing system is a good way to organize subconsultant files by discipline, if the landscape architecture firm has deep files of a wide range of subconsultants. Preliminary screening of firms by discipline can be done before sifting through their filed hard-copy materials or before making contact with a possible subconsultant for digital information. Monthly P&L statement and balance sheet. The financial information filed on a monthly basis culminates in the preparation of the monthly financial statement and other financial reports. The completed financial reports are filed in the respective monthly financial files, digital and hard-copy. The financial managers and owners of the firm may want to keep a copy of the monthly P&L statement and the balance sheet handy in a loose-leaf file at their own desks because these summaries of the financial condition of the firm are frequently referred to by managers. Checking account. Today’s landscape architecture office normally keeps digital records of checks written and deposits made into checking accounts. Either integrated financial software or spreadsheets are used to track deposits and checks. Most firms keep hard copies of monthly reports. Another option open to landscape architecture offices today is managing the checking account online. All banks and financial institutions provide this service to their clients. Travel reports. Every landscape architecture firm has local travel as part of the business practice, and many firms are involved with long-distance travel. Travel reports are normally set up so that staff can file them digitally. Records of business travel costs and reimbursement to office staff should be kept in both electronic and hard-copy files. These records are filed on a monthly basis, and copies are filed in the project billing files so that the travel costs may be invoiced to the client.

Records of long-term notes and amortization schedules. Long-term notes for each piece of equipment, vehicle, printer, computer, or copier, as well as other long-term notes for loans to corporate officers and stock purchase programs, should have an amortization schedule prepared for them and filed. These amortization records may be generated by in-house financial managers and kept in computer files, or they are available from the lending agency. Financial managers and owners frequently refer to the amortization schedules in their work of managing the firm’s short- and long-term finances. Governmental Requirements

Local, state, and federal levels of government have a plethora of requirements that landscape architecture offices need to comply with in order to do business. Local governments, for example, require a business license, have purchasing departments with annual reporting requirements, and may require that an affirmative action report be completed and updated on an annual basis. State governments also have requirements for annually updating information with the state’s procurement office. State departments of transportation, environmental quality, water resources, or parks and recreation may also have specific rules or requirements for doing business with them. The federal requirements include annual updating of the firm’s information in the Central Contractor Registration database for procuring federal consulting work and tax records, which will be discussed in greater depth later in this chapter. Information for each of the governmental agencies and their requirements for doing business should be kept on file. If an agency requires an annual report, keeping last year’s report and other materials in the file will simplify the annual update. Marketing Information

Marketing staff, principals, and project managers engaged in marketing and job development in the landscape architecture office will have a wide variety of materials to keep on file, both digital and hard-copy. Company brochures, project cut sheets, PowerPoint presentations, videos, animations, copies of old proposals, presentation boards, and

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supplies and materials used in putting proposals together are some of the marketing materials that require administration and filing in the professional landscape architecture office. Preprinted project cut sheets can be conveniently filed by type-of-work category. Most of the marketing materials are best filed or located in a separate marketing area, office, or studio geared toward marketing and sales. The marketing section of the office may have lots of storage space for the materials mentioned in the preceding paragraph, as well as other equipment such as computers equipped with the types of software helpful in proposal preparation and a hole puncher for spiral binding. A separate area in the office for marketing functions provides space for developing and producing most of the firm’s marketing materials. Most firms now produce their own cut sheets, brochures, and proposals in-house, using wordprocessing and page layout software combined with quality laser printers. Drawings in Progress

Flat files, vertical hanging files, desk drawers, and side throw tables are some of the most commonly used methods of filing hard copies of work in progress. Digital files are found, of course, on the office server through the network. For projects with a large number of sheets, a flat file in which plans in progress can be laid flat after working on them is a necessity. CADD files will also have to be maintained for work in progress, but the original drawings that take up the greatest amount of space cause the filing headache. Periodically cleaning out filing drawers that hold drawings of completed projects and moving these drawings to project archives is an important housekeeping procedure. If the office uses a scanning storage system, this is the time that the plans should be sent to be digitally copied for the archive files. Secretarial Information and Supplies

A wide variety of business equipment, office supplies, and administrative paraphernalia, such as a mail scale or boxes of labels, are used by office administrative staff in running the day-to-day business of the office. No office can run without these materials and supplies, and they need to be filed and stored.

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Vacations, Holidays, and Sick Leave or Paid Time Off An established office with a number of employees will have a fair amount of record keeping associated with administering vacations, holidays, and sick leave. Regular reporting on the available days each employee has remaining for leave time or sick pay is very important to help employees to manage their time off from work. Vacation time, or paid time off (PTO), may change with the number of years each staff person has been employed, based on company policy. Keeping track of PTO earned and PTO used is an administrative task important to employees. PTO time should be calculated and the information should be filed in office computer data files if it is not part of an integrated computer management system. Employees should have access to their computer files and information about paid time off. Hard copies should be made available to employees if requested. See Figure 7-8 for an example of PTO calculated for a small office with a staff of four people. Vacation, leave time, sick days, and holidays taken should be tracked from time cards by administrative staff and subtracted from time available. Using spreadsheet software can simplify record keeping if this time-keeping function is not a part of an integrated time-keeping and financial software program.

Security Landscape architecture office managers need security policies, standards, and procedures to enforce information security. Office managers should carry out a risk analysis of threats to office security from within the office, such as when a staff person is fired or laid off, and from outside the office from hackers and competitors. The analysis should focus on the degree of vulnerability and the risk level the firm’s owners are willing to live with. The risk analysis must include the likelihood of loss due to fire, acts of God, and theft. If a firm’s computers and workstations are stolen, for example, the business is basically dead in the water unless a backup system is in place and backing up is strictly carried out. If

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Figure 7-8. Example of leave time calculations carried out on a spreadsheet program for a small three-person landscape architecture office.

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the firm does not have valuable papers insurance, for instance, the firm may not be able to stay in business for long enough to reconstruct its computer files and get up to speed again. The software and data in the company’s computer system are the company’s business and must be guarded against loss and security attacks. Security is particularly important for firms with multiple workstations networked with a server, and even more critical for larger firms that have multiple locations connected through the Internet. Computer viruses, phishing, spyware, adware, Trojan horses, spam, and other malware are the security bad boys of the Internet. Millions of malware programs have been developed and released, ranging from nuisances such as pop-ups to malicious forms such as worms that debilitate computer systems to attempts to steal one’s identity. The most important security tool is virus protection software. Make sure it is installed on the computer system, includes the most current virus definitions, and is regularly updated via the Internet. Make sure that computer systems are password protected. Physical security is also important and shouldn’t be overlooked. Access to the area where the network server is located must be controlled, and only a few trusted persons should have access. Taking computer security seriously may one day save the life of the landscape architecture business. It can prevent a disgruntled worker from sabotaging or stealing the office data and software. It can deter and hopefully prevent any and all catastrophic loss due to malware attacks. It can create a comfort level for owners with the level of risk they are willing to live with. Every new landscape architecture office must implement a computer security system right from the start.

Insurance Office-management staffs frequently refer to insurance policies. The filing system for policies should be well organized and complete, because they are often consulted during a time of stress due to loss or pending loss. The main types of insurance required by a professional landscape architecture office are as follows:

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Property insurance Property liability insurance and vehicle liability insurance Workers’ compensation insurance Disability insurance Professional liability (errors and omissions) insurance Life insurance and key-person insurance Unemployment insurance Health insurance

Property Insurance All of the real property owned by the landscape architecture office, including real estate, vehicles, equipment, and valuable papers, should be insured for its replacement value. The firm’s insurance agent will have a great deal of input on the insurance valuation of the real property owned by the landscape architecture office. Purchasing property insurance requires attention to detail to ensure that all of the firm’s property is covered. There are a large number of extensions, endorsements, and options available from insurance companies. Such options, which should be carefully considered, includes debris removal, collapse of buildings, water damage, loss due to fire, payment of extra expenses if business is interrupted, pollutant cleanup and removal, arson coverage, accounts receivable, valuable papers and records, insurance of property while off the insured premises, property in transit, property of others, damage from burglary, and employee dishonesty (stealing from the company). Insurance policies may also carry a wide range of exclusions and legal liabilities. The office insurance administrator must review all of the endorsements, options, and exclusions to see that the landscape architecture firm is purchasing the insurance coverage it needs. Automobile insurance is usually sold with the property insurance and liability coverage.

Property and Vehicle Liability Insurance If a person is injured while on the firm’s property or is hurt while using equipment in the office or driving a car on company business, that

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person is covered by liability insurance purchased by the landscape architecture firm. The general liability insurance policy is often sold in tandem with property insurance and is sometimes referred to as casualty insurance. Both general property and vehicle liability insurance can be purchased online. In addition to the insurance goals of the design firm, the dollar-limit requirements for property and liability insurance may be determined by the public agencies the firm consults with. Most local, state, and federal contracting agencies have set limits of property and liability requirements. Many governmental agencies require a minimum of $1 million to $2 million in general liability insurance coverage.

Workers’ Compensation Insurance Employers are required by state laws to insure workers against work-related injuries. Workers’ compensation insurance is provided by private insurance companies or state-authorized agencies. Most states also allow a firm to be self-insured, but the firm must adhere to strict regulations. Workers’ compensation insurance premium rates are based on the amount of remuneration paid to employees multiplied by a rating factor for the risk of injuries, related to various job classifications. A registered landscape architect, such as a principal in a firm, who occasionally goes out to sites, will be classified at a higher rate than a draftsperson who only stays in the office, for example. Staff members who regularly go out to job sites for construction surveillance will be classified at a higher rate. The National Council on Compensation Insurance, Inc. (NCCI) is the largest provider of workers’ compensation and employee injury data and statistics in the United States. NCCI collects data on job-related accidents and classifies all jobs on a uniform basis. Information about NCII can be found on the company’s Web site, www.ncii.com. Most states adhere to NCCI’s job classifications and rates reflecting the relative hazards of each job. Based on the safety classifications of their employees, landscape architecture firms pay workers’ compensation insurance premiums on a quarterly basis. In the event of an accident, claims on workers’ compensation policies should be made promptly.

Laws require that the employer immediately tell an injured worker the name and address of the insurance carrier, the policy number, and the expiration date. Most workers’ compensation insurance laws require the employer to complete a report about the injury within 10 days. Workers’ compensation insurance laws cover medical treatment of the work-related injury, disability benefits, and benefits for dependents, including burial expenses, in the event of fatal injury or death caused by a work-related accident. Workers injured on the job may experience a period of anxiety about the extent of their injury, the treatment, and potential adverse impacts on their job, their economic status, and their family’s well-being. The proper handling of a workers’ compensation claim by the administrative managers of the landscape architecture office, as well as by the insurance carrier and state agencies, beginning at the time of the injury, can be a significant factor in promoting an early recovery, return to work, and a reduction in claim losses.

Disability Insurance If an employee of the landscape architecture office becomes disabled and cannot return to work because of the injury, disability insurance will provide for the well-being of the insured. One is disabled if, because of injury or sickness, one cannot perform the material duties of the gainful occupation for which one is reasonably trained or educated. Disability benefits are normally paid as a percentage of base monthly earnings. The benefit may be stated as an amount equal to the lesser of (1) 60 percent of one’s basic monthly earnings, or (2) 70 percent of one’s basic monthly earnings, less other income benefits, or (3) the maximum monthly benefit. When the insurance administrator of a landscape architecture firm negotiates and renews disability insurance coverage, he or she must resolve many questions about the terms of the coverage: ■

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When do disability benefits become payable? Is there an elimination or waiting period? How is the benefit calculated? Will the paid benefits have exclusions of other income benefits (e.g., Social Security benefits or workers’ compensation insurance)?

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What happens if the employee tries to return to work and becomes disabled again (recurrent disability)? What happens to the benefit upon the employee’s death? What disabilities, if any, are not covered by the plan? Are there exclusions for preexisting conditions? Are there limitations caused by mental illness, alcoholism, and drug addiction? Is the employee covered if he or she is not in active employment because of injury or sickness? If the employee’s employment ends, can the disability policy be converted to individual coverage? When must the insurance carrier be notified of a claim? Must proof of claim be given? What happens if facts are misstated during the application period?

Disability insurance is a reasonably inexpensive and valuable company benefit. It should be provided by the landscape architecture firm, perhaps jointly sharing costs with eligible employees. One last thing to remember about disability insurance is that the policy or plan should have a good track record and be easy to administer. Call references and talk to representatives of firms that have made disability claims with the insurer, to see how easy and hassle-free the claim process is.

Professional Liability Insurance Insuring the firm’s landscape architects against damages arising from the conduct of professional practice, including third-party claims made years after a project has been constructed, is the reason for professional liability insurance, sometimes called errors and omissions (E&O) insurance. Professional liability insurance companies indemnify insured policyholders for errors, omissions, or negligent acts. A professional liability insurance policy usually provides legal counsel to defend the insured policyholder until limits set by the policy are exhausted, and pays claims if the insured professional is found negligent. The profes-

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sional liability insurance business commonly writes E&O policies in such a manner as to spell out the exclusions of the policy, or what is not covered by the insurance, rather than specifying what is covered by the insurance. There are a number of reasons why an E&O policy uses exclusions rather than describing in detail what the coverage includes. First, E&O insurance providers do not want to provide coverage that is found in other types of insurance policies such as general liability insurance, workers’ compensation insurance, and disability insurance. Second, some kinds of risks, such as joint ventures, are not easy to define. Third, some activities, such as dealing with toxic materials, are just too risky to insure. Finally, E&O insurance providers are not interested in insuring dishonest, fraudulent, or criminal acts. Typical exclusions include workers’ compensation, asbestos, joint ventures, computer errors, design-build coverage, punitive damages, quantity take-offs and cost estimates. Most professional liability insurance policies are “claims-made policies.” They cover claims made during the period of coverage, usually one year. However, one policy might define a claim as “knowledge of circumstances” that could lead to a demand for money to remedy the error. Another policy might define a claim as the actual “demand for the remedy.” Both of these definitions have problems associated with professional practice. In the first, a landscape architecture firm might have knowledge of a possible E&O claim while its deductible on its E&O policy is $25,000. Because the firm’s insurance administrator is concerned, he or she notifies the insurance company. Subsequently, the E&O insurance comes up for renewal, and the insurance administrator reduces the deductible to $5,000. After the renewal, the claim is actually made against the E&O policy, leaving the firm with the larger deductible because the firm notified the insurance carrier based on the “knowledge of the circumstances” that could possibly have led to the claim, rather than waiting until the actual claim was made. In another example, the firm’s insurance administrator may not want to change E&O insurance providers if the administrator “knows of a demand for remedy” that might lead to paying a claim. A new insurer will ask about situations of which the administrator “has knowledge of circumstances,”

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that could lead to a claim. Such circumstances are not likely to be covered. Another issue when procuring professional liability insurance coverage is the retroactive date of the coverage. This prior-acts coverage is an important part of negotiating the E&O coverage. A claims-made policy usually applies to errors or omissions made after the first day of coverage. The prior-acts coverage is triggered by a retroactive date. Coverage is provided after this date. Acts prior to the retroactive date are not covered. Obviously, an older retroactive date is more desirable to the landscape architecture firm, as is the continuance of unbroken coverage once the prior-acts date is established. Needless to say, the landscape architecture office administrator in charge of insurance has a challenging task of evaluating the coverage of prospective E&O policies. The administrator should obtain annual quotes from a number of professional liability insurers. The administrator should evaluate the exclusions in each policy in detail to truly understand the impact that coverage, or excluded coverage, has on the exposure of the firm. Costs should also be carefully evaluated. Costs can vary as much as 200 percent among various companies. Office insurance administrators should work with an insurance agent who has a special interest and experience in working with design firms and who specializes in professional liability insurance. Using an experienced agent does not cost more and may save the firm a large amount of premium costs in the long run. Obtaining quotes from more than one E&O insurance company provides a backup if the firm’s E&O insurance carrier raises premiums, goes out of business, or reduces or refuses coverage. The Internet is a starting point for locating companies that broker E&O insurance, if there are no suitable brokers in the vicinity of the landscape architect’s office.

Life Insurance and Key-Person Insurance Most landscape architecture firms provide and pay for life insurance for the key people in the office. This is done primarily to ensure that the loss of a key person does not cause significant disruption

to the operations of the firm. For example, a firm has three key partners. One partner is the firm’s lead marketer and is very effective at client development and client maintenance. The second partner leads the design and production of construction documents. The third is the firm’s software and hardware expert. If one of the partners unexpectedly dies, the firm’s ability to function might be seriously disrupted. If the partners maintain life insurance policies with each other as the beneficiary, the death benefit can be used as the capital needed to reorganize the firm to carry on business, or for one of the remaining partners to buy out the third partner. Life insurance policies are also available for many of the firm’s employees through add-ons to other policies such as disability insurance. A small life insurance benefit is frequently added onto a disability policy at a low cost. Some credit card companies also provide for life insurance benefits with the use of the credit card.

Unemployment Insurance One of the most useful types of insurance coverage, especially for young professionals and new hires in a landscape architecture office, is unemployment insurance. The federal government and state governments insure employees against loss of employment. This insurance coverage is paid for by the employer. Most employers pay both a state and federal unemployment tax. The Federal Unemployment Tax Act (FUTA) tax is paid entirely by the employer and is due annually. Employers use Form 940 for reporting purposes and pay taxes on the first $7,000 in wages paid to each employee. The IRS Web site has Form 940 available for completing online. If you are an employee and have lost your job, filing for unemployment insurance is usually handled through the state department of economic security. If you decide to file for unemployment insurance benefits, do it soon after employment is terminated, because most benefits are paid only after filing and are not paid for any time out of work before the unemployment claim is actually filed. States have eligibility requirements and a base period of time that an employee must work in the

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year prior to making the claim for unemployment insurance. The benefit is usually figured as a percentage of the wages paid during the base period, with a maximum cap per week that varies by state. The maximum amount depends upon the total amount of wages reported in the last base period and the maximum cap set by each state. According to Fort Lauderdale’s Sun Sentinel (2008), in June of 2008, the top five highest state caps on unemployment insurance were: 1. 2. 3. 4. 5.

Massachusetts $600 New Jersey $560 Pennsylvania $539 Minnesota $538 Hawaii $523

The five states with the lowest cap on unemployment insurance were: 1. 2. 3. 4. 5.

Alabama $235 Arizona $240 Alaska $248 Florida $275 Nebraska $288

The unemployment insurance claimant must meet a considerable number of responsibilities in order to collect the unemployment insurance benefits. The claimant must register for work in the state work-referral system and must be ready to accept work if offered. The claimant must make an active, serious, and continuing effort to seek work. If the claimant has performed any work or has earned money or has received money from a pension, annuity, or retirement plan while collecting unemployment insurance, he or she must report any such income. Employees who have lost their jobs can normally collect unemployment benefits for one year.

Health Insurance Providing cost-effective health insurance coverage for the landscape architecture firm is one of the most time-consuming activities for the office business administrator. Health insurance is the one type of insurance used most often by the staff of the land-

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scape architecture office. Historically, health care insurance costs have risen significantly year after year, resulting in constant pressure on office administrators to find ways to keep the costs under control for the office and the employee. According to the Center for American Progress, for instance, the premiums for health care coverage paid by employers doubled from the year 2000 to the year 2008, increasing from $6,800 to $12,700 for the average family premium (Furnas 2009). That is a nearly 100 percent increase in 8 years, and future increases are expected to continue at more or less the same rate. Therefore, making an informed decision about coverage for the firm’s employees is very important. The benefits offered by the health plan and the amount the firm’s employees must pay out of pocket for medical care and prescriptions differ substantially from plan to plan. In general, there are two broad categories of health care options: 1. Fee-for-service plans 2. Managed-care options Health Insurance after the Year 2010

In 2010, the United States Congress passed national health care legislation that required most Americans to be covered by health insurance. Following the example of Massachusetts—which had previously created a requirement, in 2006, for health insurance coverage for all residents of the Commonwealth of Massachusetts—the U.S. Congress coupled a mandate that everyone obtain insurance with subsidies to make coverage affordable. The bill will prohibit insurers from denying coverage, either through extraordinarily high premiums or outright rejection, to applicants with preexisting illnesses. Employees also can’t be denied coverage for preexisting conditions when they change jobs. Here’s a summary of the post-2010 principles that now guide Americans’ health care: ■

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Insurance companies may not discriminate for preexisting conditions. Insurance companies are prohibited from refusing coverage because of poor medical history.

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Exorbitant out-of-pocket expenses, deductibles, or copays are not allowed. Insurance companies must abide by yearly caps on how much they can charge for outof-pocket expenses. Cost sharing for preventive care is not allowed. Insurance companies must fully cover, without charge, regular checkups and tests that help prevent illness, such as mammograms or eye and foot exams for diabetics. Insurance companies will be prohibited from dropping or watering down insurance coverage for those who are or become seriously ill. Gender discrimination is not allowed, and insurance companies are prohibited from charging more because of gender. Annual or lifetime caps on coverage are not allowed. Children are eligible for family coverage through the age of 26. Everyone’s health insurance renewal is guaranteed. Insurance companies are required to renew any policy as long as the policyholder pays his or her premium in full. Insurance companies won’t be allowed to refuse renewal because someone became sick.

Fee-for-Service Plans

Fee-for-service health plans are the most traditional form of commercial health insurance available. Under these plans, the insured chooses his or her own doctors and hospitals. After a visit to the doctor or hospital, the medical provider sends a bill to the policyholder’s insurance company for reimbursement. Services covered under the health insurance policy are reimbursed, except for the deductible amounts and co-insurance payments that most plans require. The insurer pays claims for reasonable and customary medical charges for physician and hospital care, and the expenses not covered are the co-insurance amounts. Major medical plans are the most common type of fee-for-service coverage provided by employers. Fee-for-service health plans are characterized by three features:

1. Employer and employees share the cost of health insurance premiums. 2. Employees have the freedom to select the medical care providers of their choice. 3. The insurance company pays only the allowable claim. Fee-for-service health plans have long been an important type of employee benefit because of their flexibility and the freedom of the insured to choose health coverage providers. Managed-Care Plans

A managed-care plan integrates the delivery of health care services with the way the services are paid for. There are significant financial incentives integrated into the plan for the participants to use the doctors, health care providers, and procedures associated with the plan. The two most common types of managed-care options are preferred provider organizations (PPOs) and health maintenance organizations (HMOs). A point-of-service (POS) plan is one other type of managed-care plan. Most managed-care plans share the following basic characteristics: 1. The provider organization arranges for physicians, hospitals, clinics, and other providers to supply a comprehensive set of health care services to insured members of the plan. 2. The provider organization sets up formal programs for the selection of medical practitioners and for quality assurance. 3. The provider organization establishes incentives for the insured participants to use the services and procedures associated with the plan. Preferred provider organization (PPO). Typically, a PPO consists of groups of physicians and hospitals that contract with employers or thirdparty administrators to provide health care services to the insured persons. The providers accept prenegotiated fees and payment for services provided. The PPO may be sponsored by a group of hospitals, a group of doctors, a third-party administrator such as Blue Cross and Blue Shield, or any other insurance entrepreneur. The PPO plan allows

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individuals to choose their own doctor, in or out of the preferred provider organization. Health maintenance organization (HMO). The name health maintenance organization was coined in the early 1970s and was given to the 1973 federal legislation that promoted the development of the HMO concept. Basically, an HMO is an organized system for providing health care, usually in a certain geographic area. An HMO provides an agreedupon set of health maintenance services, as well as illness and injury treatment services, to the enrolled participants in exchange for a set premium. Nonparticipants are excluded from any services, even if they can pay full value for the services. These plans provide services that are agreed upon in advance and generally require no deductible payments. Some plans may require a nominal copayment for doctor visits and prescriptions. In recent years, many HMOs have offered plan options that feature higher copayments in an effort to contain the overall costs of employer-provided health care plans. In general, HMO premiums may be somewhat less costly than PPO premiums.

for out-of-pocket medical expenses on an annual basis. Medicare

Our country provides basic health insurance for people over age 65. Medicare is our national health care program. It should not be confused with Medicaid, which is a health care program for people with low income and limited resources. Medicaid programs are usually operated by state welfare and social services agencies. The landscape architecture firm’s managers need a basic understanding of Medicare because it is not uncommon for professional employees to work beyond the age of 65, when the normal Medicare health insurance benefits become available. Medicare also covers people under 65 who have certain disabilities. In the year 2009, four parts of Medicare were provided to cover specific services: MEDICARE PART A (HOSPITAL INSURANCE) ■

Other Care Options

Some large employers, such as big multidiscipline, multistate, or multinational firms, have other options such as self-insured plans and medical savings plans. In the self-insured plans, the employer usually works with an insurer and funds a health reimbursement arrangement (HRA) that is drawn on by employees to help pay for health care costs. Medical savings accounts (MSAs) are designed to provide greater personal choice in health care spending. The MSA is a tax-exempt account like an individual retirement account (IRA). The savings account is drawn on to pay for qualified medical expenses, typically doctor’s office visits. The MSA also must be developed in connection with a high-deductible plan that covers catastrophic costs of serious illness. Flexible spending accounts (FSA) are another form of medical insurance coverage program that works better for larger firms. The FSA allows individuals to pay into an account and use the account for a range of different health coverage programs such as medical insurance, vision insurance, and dental coverage. If there is money left over after paying the desired insurance premiums, the participant can recapture the leftover money to pay

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Helps cover the cost of prescription drugs May help lower prescription drug costs and help protect against higher costs in the future (HHS 2009)

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The landscape architecture firm’s employees who become eligible for Medicare are likely to continue coverage with the firm’s health insurance program, especially if the firm covers all or most of the costs for the health insurance. If the employee’s costs for participating in the firm’s health insurance are greater than the cost of Medicare, the employee may discontinue coverage under the firm’s health insurance policy, possibly having an impact on the availability and costs of health insurance for other employees, depending on the number of employees in the office. Choosing a Health Insurance Plan

Selecting health coverage and a health insurance company is a time-consuming and important task for managers of the landscape architecture office. The firm’s administrator must develop a good working relationship with an insurance agent who specializes in health insurance plans and work with the agent to determine the type of plan (HMO, PPO, POS, or major medical, for example) most suitable to the landscape architecture office. The plan must be acceptable to the firm’s owners and principals, as well as the employees. The best way to find out what type of plan coverage the firm’s employees want is to ask them. Accessibility of services, costs, and the range of coverage will be the key concerns of most employees. Once the type of plan desired by the firm is decided, the agent will be very helpful in assisting the firm’s insurance administrator in selecting the actual provider company. The insurance administrator should evaluate how easy it is to make a claim, as well as how willing the provider company is to pay claims. Checking references on a prospective health insurance company is also a good idea. Most states have an insurance department that regulates insurance companies and receives complaints about them. Checking with the state’s insurance department during the process of selecting a health insurance company is recommended (Health Insurance Association of America 1991, 2003). Price should not be the primary consideration in selecting a health insurance company. The service provided and the help you receive from the company’s agent are also important. The following checklist is a starting place for determining the

firm’s needs and comparing health insurance plans and services: HEALTH INSURANCE COMPANY COMPARISON CHECKLIST 1. What are the needs of the landscape architecture firm’s employees? Number of employees Number of employees with dependents Age of employees Sex of employees Employees and dependents of childbearing age Employees and dependents with preexisting medical conditions Employees with high-risk health problems Employees with health insurance available from other sources 2. What percentage of coverage will be paid for by the landscape architecture firm? By the employee? 3. What medical services does the firm want to have covered (yes or no)? Inpatient hospital services Outpatient services Psychiatric and mental-health coverage Drug and alcohol abuse treatment Nursing care Home health care Hospice care Dental provisions Maternity care Prescription drugs Eye care and coverage Preventive care and checkups Chiropractic care Medical tests and x-rays Mammograms Cancer coverage 4. Does the plan contain exclusions for preexisting conditions that will affect employees? 5. Are there service limitations or exclusions that will affect employees? 6. What are the cost-reduction options available to the firm (e.g., higher copayment, higher deductible)?

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7. What is the total cost of the policy? 8. Is the cost equal for all employees? 9. Is the employer required to pay for a certain percentage of the coverage? 10. What is the deductible rate structure? 11. Is the premium rate guaranteed? If it is guaranteed, for how long? 12. What has been the rate increase history for the company? 13. What will happen to premiums if one of the firm’s employees has a major claim? 14. What is the process for handling individual claims? 15. How often will the landscape architecture firm be billed? Monthly? Quarterly? 16. How much administrative time and effort will be required of the landscape architecture firm? 17. Will the agent be available to meet with the employees of the landscape architecture firm? 18. How long will it take to process a claim? 19. What do references say about the insurance company? 20. What do the landscape architecture firm’s employees say about the insurance company after listening to the explanation of services provided? (Health Insurance Association of America 1991, 2003)

COBRA Requirements

In 1985, the federal government passed Public Law 99-272, the Consolidated Omnibus Budget Reconciliation Act (COBRA). The law, which went into effect in 1986, requires that employers with 20 or more employees offer temporary health insurance coverage when an employee loses group health coverage as a result of reduction in hours of employment, termination of employment, or filing for reorganization protection by the firm under Chapter 11 of the federal bankruptcy laws. The employee’s spouse and family also have the right to protection under the law for loss of health insurance coverage due to death of the employee, termination of the employee, divorce, legal separation, or filing for Chapter 11 bankruptcy protection by the firm, or if the employee becomes eligible for Medicare. A dependent

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child of the employee also has rights to coverage under the law. The law requires a landscape architecture firm to notify an employee who has lost coverage, or the employee’s spouse or dependent children, of the employee’s rights to continued health insurance coverage. Under the terms of the law, the employee who has lost coverage has up to 60 days from the date of lost coverage to notify the landscape architecture firm’s plan administrator of the desire for continuing group health care coverage. If the employee elects to continue coverage, the landscape architecture firm is required to provide equal coverage for up to 18 months. If the individual is designated as disabled by the Social Security Administration, coverage may continue for up to 29 months. In the case of divorce, the worker’s spouse and family have the right to coverage for up to 36 months. The law does not require that the landscape architecture firm pay for the coverage. The employee is responsible for payment. The law does require that the landscape architecture firm administer the cost of the coverage. The law also provides that the employee be allowed to enroll in an “individual plan” provided by the health insurance company after the 18-month or 3-year period. Evidence of the notification of the employee of his or her rights under the law must be filed in the employee’s personnel file. For firms with fewer than 20 employees, individuals may be able to convert the coverage under the firm’s group policy to an individual plan. Converting to an individual plan has one big advantage: The employee may not be required to pass a physical exam, meaning that any preexisting conditions will still be covered unless the individual plan expressly excludes certain preexisting conditions (Health Insurance Association of America 1991, 2003).

Retirement Benefits Landscape architecture firms use revenue and profits to provide retirement benefits for owners and employees of the firm. Whether a landscape architect works for a firm or starts his or her own firm, provisions for a pension plan or retirement benefits are an important consideration for employment. If a professional is interviewing with several

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firms and public agencies for possible employment, the retirement benefits provided by each prospective employer should be one of the main evaluation criteria used in deciding which employment offer to accept. If the professional is starting a firm, providing retirement benefits or a pension plan should be one of the firm’s financial goals. Retirement benefits can help the landscape architecture firm promote the following employer and employee goals: ■

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Assisting employees with retirement savings. The foremost reason that pension plans and retirement benefits are provided is that most people find personal saving difficult to carry out, of their own volition. Personal saving requires discipline. Our tax system and economy are oriented toward consumption rather than savings. Providing tax deferral for owners and highly compensated employees of the firm. Owners and highly compensated members of the firm can often benefit by sheltering a substantial part of their pretax income through the firm’s pension plan or retirement benefits program. Recruiting, retaining, and rewarding employees. All other things being equal, when comparing firms for employment, a prospective employee is more likely to work for the firm that has the best pension plan. A firm’s retirement benefits can help recruit new employees by matching or bettering benefits offered by competitors. The firm can reward employees by tying benefits to productivity and profitability. Employees can be retained by tying maximum retirement benefits to longevity with the firm. Retiring employees with dignity. A pension plan will allow professionals who have spent a lifetime with the firm to retire with dignity, without suffering a huge drop in their standard of living. Encouraging productivity. Retirement benefits that are tied to the productivity and profitability of the firm can provide employee incentives. Employee stock ownership plans are one of the methods used to encourage productivity (Leimberg 1990).

Employee Retirement Income Security Act of 1974 (ERISA) The Employee Retirement Income Security Act of 1974 (ERISA) is a federal law that sets minimum standards for voluntarily established pension and health plans in private industry, including landscape architecture firms, to provide protection for those individuals who take part in the plans. ERISA doesn’t control the makeup and content of retirement plans. It controls the reporting and fiduciary requirements of firms offering retirement and health plans. ERISA also regulates the access to federal courts for legal remedies associated with grievances and appeals processes for participants to get benefits from their plans. It also gives participants the right to sue for benefits and breaches of fiduciary duty related to retirement plans. Initially ERISA was passed to protect American workers with pension plans that were underfunded by industries in the middle of the twentieth century. Since its enactment as federal law on September 2, 1974, a number of amendments have been added to ERISA. One important amendment is the Consolidated Omnibus Budget Reconciliation Act (COBRA), discussed earlier. Another important amendment to ERISA is the Health Insurance Portability and Accountability Act (HIPAA), which provides protections for working Americans and their families who have preexisting medical conditions or might otherwise suffer discrimination in health coverage based on factors that relate to an individual’s health (U.S. DOL n.d.).

Qualified and Nonqualified Plans Retirement programs and pension plans are either qualified or nonqualified. Qualified plans generally receive favorable tax benefits, but are subject to strict government regulations. Qualified plans include the Section 401(k) plans, the Simplified Employee Pension (SEP), and various profit-sharing or savings plans. Most firms that implement a pension plan or retirement benefits use a qualified plan option that is available to all employees as the firm’s basic retirement benefit. Nonqualified plans are used generally to provide retirement benefits to a select group of

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employees such as owners, principals, or key senior staff. A nonqualified plan provides benefits in addition to, or instead of, those of the firm’s qualified retirement plan. Nonqualified plans do not provide the same tax benefits as qualified plans. In the nonqualified plan, the employee is not allowed to take the income tax deduction at the time of the contribution to the deferred compensation plan. Nonqualified plans are very useful to the owners of a landscape architecture firm when they want to provide deferred income to themselves or to a select group of principals, but the cost of implementing a qualified plan might be too high because a large number of the firm’s employees would also have to be covered. The nonqualified plan is ideal for a firm that wants to provide owners and key employees with retirement income but cannot afford to implement a qualified plan, or that wants to provide different or additional benefits to key employees already receiving the maximum benefits under the firm’s qualified plan. One useful method of funding a nonqualified pension plan is to fund the plan through life insurance that is held by the landscape architecture firm but that benefits the employee. Because the majority of pension plans or retirement programs sponsored by landscape architecture firms are qualified plans, the remainder of this section will be devoted to these valuable methods of saving for future security (Leimberg 1990).

Types of Qualified Pension Plans Qualified retirement plans receive tax benefits that are not available to nonqualified plans. Payments into the qualified plan in the form of employer contributions and employee salary deductions are exempt from being taxed in the year in which they are paid. Being tax-free, the funds deposited in the pension plan account may accumulate to greater amounts over time than money saved privately, for which taxes are due on the interest earned. Qualified retirement plans are defined either by the contribution, whereby the employer specifies an amount to be contributed, or by the benefit, whereby

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the employer guarantees a predetermined benefit level, or defined benefit. In a defined-contribution plan, the landscape architecture firm starts and maintains an account for each employee who participates in the retirement program. Benefits are paid to each employee when he or she retires or leaves the firm. The amount of the benefit is based on the amount contributed by the employer, the employee’s contribution, and earnings on the account over the time the employee has participated. The employer does not guarantee that a certain amount will be in the account or that a specified benefit will be available, only that a specified amount will be deposited. Typical defined-contribution plans include specific contributions based on a percentage of the employee’s annual compensation, such as 10 percent, or profit-sharing plans whereby the employer determines the amount contributed each year based on the profitability of the firm. In a defined-benefit plan, the landscape architecture firm starts and maintains an account for each employee who participates in the retirement program. The plan is designed to provide a specific amount of income to each participant at the normal age of retirement. These plans are difficult to design and implement because they provide adequate levels of benefits for all employees regardless of their age at the time of entry into the plan. Definedbenefit plans are actuarial. Employers must fund the plan with regular deposits determined actuarially to ensure that the plan will have sufficient funds available to pay the benefits promised to all participants. Such plans are very useful, however, for small landscape architecture firms where an older controlling employee wants to maximize tax-deferred retirement benefits, and there are a number of younger employees in the firm to help balance out the cost of the required regular deposits. Definedbenefit plans are also useful for a group of young professionals about the same age who start an office and want to have known future retirement benefits while keeping the costs to a set amount for the duration of the plan. Because the professionals are young, they will have a longer time to make the required periodic deposits, and costs will be lower in proportion to the payout at the time of retirement.

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There are many ways to determine the benefits of a defined-benefit retirement plan. Common formulas are the flat amount, the percentage of salary, and the unit of time served. Under the flat-amount formula, the plan provides a specified amount of income (such as $1,000 per month) to each participant beginning at a set retirement age (age 65, for example). The plan usually requires the employee to work a minimum number of years for the firm (15 to 20 years is common) in order to receive the benefit, and the benefit may be prorated if he or she has worked fewer years for the firm. The flat-amount formula does not differentiate between employees with different compensation levels. This formula is appropriate when salaries are more or less equal. Another formula provides a retirement benefit that is a percentage of the employee’s salary or earnings. The formula might provide a retirement benefit of 50 percent, 65 percent, or 80 percent of the employee’s annual earnings at the time of retirement. If an employee is making $80,000 at retirement and the retirement benefit is 80 percent of the salary at retirement, the benefit would be $64,000 per year. Like the flat-amount formula, percentage plans usually require the employee to work a minimum number of years for the firm (again, 15 to 20 is common) in order to receive the full benefit, or receive prorated benefits for fewer years with the firm. The unit-of-time-served method bases the benefit on the length of time the employee works for the firm. The formula might provide 2 percent of earnings for each year of service, and the cumulative percentage would be applied to the employee’s salary when he or she retires. An employee who retires after 30 years of service with a salary of $100,000 would receive a retirement benefit of $60,000, computed by multiplying 2 percent by 30 years of service by the salary at retirement, or 60 percent of $100,000. Since the adoption of ERISA in 1974, definedbenefit plans have become less popular because of the challenges in providing a specific benefit at a future date when many unknowns may prevail. The defined-benefit plan is more difficult to manage. Defined-benefit plans have also been impacted by the increased popularity of the 401(k) plan over the last quarter of the twentieth century.

Defined-Contribution Plans A defined-contribution plan is the most common form of retirement program found in landscape architecture firms today. There are many plan options to choose from and many alternatives for investing the funds. Selecting the type of plan that fits the makeup of a firm’s employees can be challenging. The larger the number of employees, the greater the difficulty. Age differences and personal priorities for spending disposable income come into play. Sometimes offering several retirement savings options and investing strategies is necessary in order to accommodate the differences among employees, especially for large companies. The defined-contribution plans include: ■ ■ ■ ■ ■ ■

Employee stock ownership plans (ESOPs) Direct contribution plan Profit sharing Savings plan Section 401(k) Simplified Employee Pension (SEP)

Employee Stock Ownership Plans

Under an ESOP, employees receive ownership in the firm in the form of stock. Obviously, the firm must be set up as a corporation under this type of qualified plan, and the corporation must be a C type. ESOPs are not permitted for Sub S corporations. Participants’ retirement account balances are stated in terms of the number of shares of stock owned. In addition to contributed shares, which are typically calculated based on a profit-sharing formula, dividends may be reinvested to purchase additional shares of stock. The plan must be nondiscriminatory, and cannot favor highly compensated members of the firm. All of the qualifications required by law, such as vesting, funding, reporting, and disclosure, must be met. In a landscape architecture firm, where the stock is typically closely held and not traded publicly, employees taking part in the plan must have the right to vote on corporate issues that include mergers and changes in corporate structure, liquidation, dissolution, and sale of substantial amounts of assets. In a closely held corporation, stock valuations must be made regularly by an independent appraiser. ESOPs are a good

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way to transfer ownership to employees when the owners of a landscape architecture firm are nearing retirement and wish to retain the value of the firm. ESOP programs also allow large firms to fund annual bonus programs through distributions of ESOP stock. Let’s say, for example, a large firm has had a less than stellar year. Profits have been made but are not at a level where cash bonuses can be paid at the end of the year. The firm’s managers vote to award 25 percent of the annual profits to individual employees’ ESOP accounts based on the amount of deposits each has made in his or her 401(k) account. This is a good way to fund individual retirement and has other benefits to the individuals and the firm. First, for the individual, ESOP stock contributions carry a vesting schedule whereby the stock is vested after four years, for instance. If a number of employees should leave the firm, the value of their ESOP stock is redistributed among remaining employees. For the firm, the ESOP contributions are tax deductible, while the individual pays no taxes on the stock until the stock is distributed. This tax treatment enables the ESOP to combine the firm’s interest with the employee’s, allowing the firm to finance its growth while building ownership in the firm. Direct Contribution Plan

One of the simplest of qualified plans, the direct contribution plan allows employers to make contributions of money to each employee’s individual account under the terms of a nondiscriminatory formula. Annual contributions are usually set up as a specific percentage of each employee’s salary. The plan benefits from all of the tax-deferred elements of qualified plans. Direct contribution plans are exceptionally useful when most of the landscape architecture firm’s employees are young and have a long time to accumulate benefits. The plan is ideal for a new firm that is being formed by a group of associates who are young and all around the same age. The plan rewards longevity with the firm and could be one of the elements that bind the members of the firm together. In addition to the regular reporting and other qualifications that the law requires, the plan must meet minimum annual funding requirements and is subject to penalties if the minimum is not met.

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Profit Sharing

When a landscape architecture firm’s profits are likely to vary from year to year, a profit-sharing pension plan should be considered. Under a profitsharing plan, an employer’s contributions may be flexible. They are discretionary and based on annual profits. A specific formula is used to make contributions to each employee’s individual account. The profit-sharing retirement program provides incentives for employees because account deposits theoretically increase with greater profitability of the firm. The plan is simple, easy to administer, and easy to explain to employees of the firm. One disadvantage is that the total amount of annual contributions is limited to 15 percent of the firm’s total payroll. Other plans allow up to 25 percent of the annual payroll amount. Another disadvantage to employees is the unpredictability of the contributions made by the firm, because the amount of the owner’s contribution is discretionary. A profitsharing plan provides for tax-deferred income if all of the qualifications required by law, such as vesting, funding, reporting, and disclosure, are met. Savings Plan

A savings retirement plan is set up to allow the employee to make voluntary after-tax contributions that will be matched by contributions made by the landscape architecture firm. The plan allows employees to determine the funding level at which they choose to participate, but for the plan to be effective, employees must have the discipline necessary to make after-tax contributions. An employee who does not contribute sufficient funds jeopardizes his or her adequate retirement income. There are limitations on the amounts that may be contributed by highly paid employees. The after-tax nature of the savings retirement plan is a disadvantage of this method of pension funding. Since the introduction of the 401(k), which allows pretax contributions, the popularity of the savings retirement plan has been preempted. Today, the savings plan is often provided as an addon to the 401(k) plan (Leimberg 1990). Section 401(k)

Through a Section 401(k) employer-sponsored pension plan, an employee of a landscape

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architecture firm could make contributions to a tax-deferred account of up to $16,500 in 2009. The maximum amount that may be contributed is indexed annually in the form of tax-deferred savings, and the amount has risen every year in recent history. In addition to the maximum amount, workers over 50 years old are allowed to make catchup contributions of up to $5,500 per year. The catch-up contribution was created to help older workers save at a greater rate as they approach retirement. If an employee maxed out his or her 401(k) contribution and catch-up (if over 50 years old), a total of $22,000 could be saved tax-free per year. 401(k) plans have become a widely accepted retirement savings vehicle for small businesses. According to the Internal Revenue Service, an estimated 44 million American workers participated in 401(k) plans in the year 2007, with total assets of about $2.5 trillion. These tax-deferred accounts, separate for each employee, are not taxed by the federal government or by most state governments until distributed. 401(k) plans can vary significantly in their complexity. However, many financial institutions and other organizations offer prototype 401(k) plans, which can greatly lessen the administrative burden on individual employers of establishing and maintaining such plans. The 401(k) plan must be tested annually to ensure that it does not discriminate in favor of highly compensated members of the firm. The plan may be funded entirely by salary deductions at a level elected by the employee. The salary deductions can be supplemented by the employer. There are limits on the annual benefits and contribution amounts, and the limits change annually. In 2009, for example, the maximum compensation that could be used for calculating 401(k) contributions was $245,000. There are also annual contribution limits. In 2009, the maximum contribution was $49,000. Employer funding is normally made on a percentage matching contribution basis or by a discretionary amount frequently tied to the firm’s profitability. One of the attractive provisions of the 401(k) retirement plan is the possibility of withdrawing money for a personal hardship, including medical expenses, costs related to the purchase of a principal residence, tuition and related educational fees, payments necessary to prevent eviction from, or

foreclosure on, a principal residence, burial or funeral expenses, and expenses for the repair of damage to the employee’s principal residence, such as hurricane damage. Withdrawal for a hardship carries a 10 percent early distribution tax penalty. Taxes also will be due on the early withdrawal. Loans, subject to a number of limitations, may also be made against the 401(k) funds. As with all qualified pension plans, vesting, funding, reporting, and disclosure requirements must be met. One of the attractive advantages of a 401(k) plan is that each employee can choose his or her own level of funding and is not tied to a prescribed amount. As part of the administration of the plan, employees normally complete a deduction form on an annual basis. Another attribute of the plan that benefits employees is 100 percent vesting immediately. Even if an employee leaves a firm shortly after starting work and making contributions to the plan, the funds must be transferred to the employee. The funds may be paid as a cash lump sum and are typically rolled over into another retirement account administered by a new employer or into the employee’s individual retirement account (Spencer 1991, IRS 2009). Safe Harbor 401(k) Plans

A safe harbor 401(k) plan is intended to encourage plan participation among office employees while easing the administrative burden and eliminating the income tests ordinarily applied under a traditional 401(k) plan. This plan is ideal for landscape architecture offices with highly compensated employees whose contributions would be limited in a traditional 401(k) plan. A safe harbor 401(k) plan allows, but does not require, employees to contribute a percentage of their salary each paycheck and also requires employer contributions. In a safe harbor 401(k) plan, the mandatory employer contribution is always 100 percent vested (www.irs.gov).

Automatic Enrollment Safe Harbor 401(k) Plans Beginning in 2008, automatic enrollment safe harbor 401(k) plans were introduced by the IRS in order to increase plan participation among employees while also easing the administrative burden and eliminating the tests ordinarily required under a traditional 401(k) plan. This plan is for

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employers who want a high level of participation, and also have highly compensated employees whose contributions might be limited under a traditional plan. All employees are automatically enrolled in the plan and contributions are deducted from their paychecks, unless they opt out after receiving notice from the plan. There are set employee contribution rates, which rise incrementally over the first few plan years, although different amounts can be chosen. Employer contributions are also required. In addition, there is a safe harbor for the default investment options provided under the plan that relieves the employer from liability for the investment results. Where contributions are invested following the safe harbor, state payroll withholding law is preempted, so plans may automatically deduct contributions from employees’ wages unless they opt out (www.irs.gov). Simplified Employee Pension (SEP)

A Simplified Employee Pension (SEP) is a retirement plan that allows self-employed individuals and employers to make contributions under an easily administered qualified plan. The employer makes the contributions to the employee’s individual retirement account (IRA). A single government form (5305-SEP) can be used to satisfy the written requirements of the SEP. An employer who signs a SEP agreement with employees is not required to make contributions to the SEP-IRAs that are set up. If the employer does make contributions, however, they must be based on a written allocation formula, and they must not discriminate in favor of the highly compensated members of the firm. In 2009, up to 25 percent of each employee’s annual compensation or $49,000, whichever is less, may be contributed to the SEP-IRA. The maximum amount changes each year based on cost of living adjustments. Salary deductions may be used to implement the contributions. A key benefit of the SEP program is that each employee has individual control over the investment vehicle for the account. Young professionals may choose more aggressive stock accounts for their deposits, and older employees may elect more conservative investment vehicles. The SEP retirement savings program is particularly useful for small landscape architecture firms. It’s easy to set up and

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may be established by any employer with at least one employee. Decisions whether or not to contribute to the plan can be made on a year-to-year basis, contributions are immediately vested, and withdrawals can be made anytime, subject to federal income tax regulations (www.irs.gov). Traditional Individual Retirement Account (IRA)

An individual retirement account is a tax-deferred personal savings plan that offers an individual tax advantages to set aside money for retirement. Tax deductions may not be allowed, however, if the individual or the spouse is covered by another employer-provided retirement savings account such as a 401(k) plan. IRAs can be set up and contributed to by an employer, such as a landscape architecture firm, but almost all IRAs are set up by an individual. IRAs may be set up with several types of organizations, including banks, savings institutions, stock brokerage firms, mutual funds, and insurance companies, as long as the organization meets the Internal Revenue Code requirements. In the year 2009, individuals were allowed to contribute up to $5,000 ($6,000 if over the age of 50) or 100 percent of the individual’s taxable income, whichever was less, to the IRA each year. The contributions may or may not be deductible based on the individual’s total income for the year and whether the individual is also covered by an employer’s retirement plan. The investment vehicle for IRA contributions is entirely controlled by the individual. Income earned in the IRA account is not taxed until the time of withdrawal after the age of 59-1/2. Early withdrawal may be made at the individual’s discretion, but a 10 percent penalty will apply to the funds that are withdrawn early (www.irs.gov). Roth Individual Retirement Account (IRA)

A Roth individual retirement account is a taxexempt personal savings plan that basically follows the same allowable contribution levels and other IRS regulations as the traditional IRA. There is one main difference, however. Contributions to a Roth IRA are made with after-tax dollars, and when distributions are made after the age of 591/2, the money, including the gains, is not taxed (www.irs.gov).

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SIMPLE Individual Retirement Account (SIMPLE IRA)

A SIMPLE IRA is a good retirement plan for small to medium-sized landscape architecture firms. A SIMPLE IRA plan allows employees to contribute a percentage of their salary each paycheck and also requires employer contributions. Under SIMPLE IRA plans, in 2009, employees could set aside up to $11,500 by payroll deduction. The maximum annual amount is adjusted each year based on costof-living updates, and can be found at the IRS Web site. Employers must either match employee contributions dollar for dollar, up to 3 percent of an employee’s compensation, or make a fixed contribution of 2 percent of compensation for all eligible employees. SIMPLE IRA plans are easy to set up. You fill out a short form to establish a plan and ensure that SIMPLE IRAs are set up for each employee. A financial institution can do much of the paperwork. Additionally, administrative costs are low. Employers may either have employees set up their own SIMPLE IRAs at a financial institution of their choice or have all SIMPLE IRAs maintained at one financial institution chosen by the employer. Employees can decide how and where the money will be invested. They also can keep their SIMPLE IRAs when they change jobs (www.irs.gov). The Internal Revenue Service has developed a wide range of helpful guidance materials available for the managers of landscape architecture offices to help with developing and administering retirement programs. Check out www.IRS.gov.

Product Information Files, Technical Resources, and Code Information Of all the files found in the landscape architecture office, the product information files and technical resources are the most useful to the office design and drafting staff. The files can be both hard-copy files and digital files, but are increasingly becoming digital web-based information resources. Product information is necessary for virtually every landscape architecture project. Project

designers need information on everything from building materials to paving materials to site furniture, plants, and irrigation. Almost all of the product information needed is found on the Internet. Hard-copy files are useful for some of the most frequently used products and materials. Hard-copy files of product and material samples can also be useful, but typically sample products or materials are obtained on a project-by-project basis. While almost everything related to a product can be found on the Internet, there is no substitute for actually being able to see and touch a sample of a product that is to be specified. Hard-copy product literature and samples files can be sophisticated and highly developed, like a general reference library, or they can be organized around a system of categories developed by the landscape architecture office staff. A well-planned filing system, however, should be user-friendly, efficient in terms of minimizing the time required to find a particular product or material, and expandable. The quantity of product literature and samples can multiply as an office develops over time. Filing alphabetically by subject is an effective method for organizing technical reference files. The following categories are a starting point for organizing a landscape architecture office’s product information, whether computer or hard-copy files. Computer files will consist of Web addresses for information, with manufacturers and distributors of different products under each of the headings. A well-organized system for filing product information will cut down on the time required to search either computer files on the network or the hardcopy file. Time saved will mean more time spent on design development, solving the problems associated with the project, and generating revenues and profits. ■

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Alternative energy and solar products (e.g., lights, controllers) Barbeques Bridges and decks Concrete surface materials and integrated colors Concrete technical information Docks and marinas Doors and gates Drains and drainage products

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Drinking fountains Exercise equipment and exercise courses Fences Fertilizers and fertilizer technical information Fountains and garden pools Garden ornaments Geotextiles and erosion control “Green” products, including green roof products Handrails and railings Inert ground covers, boulders, and rock supplies Irrigation controllers Irrigation products, piping, heads, and emitters Irrigation pumps Landscaping products Lighting Nursery catalogs: bulbs and flowers Nursery catalogs: grasses Nursery catalogs: hydro-mulching products Nursery catalogs: nonregional Nursery catalogs: regional Nursery catalogs: seeds and seed mixes Outdoor art and artists Outdoor furniture Paving materials Planters Plant maintenance and growth Plants technical information Play structures and equipment Preengineered restrooms Recreation surfaces Root barriers and weed barriers Shelters and shade structures Signage and graphics Site furniture: bike racks and bike lockers Site furniture: concrete Site furniture: metal Site furniture: plastic and fiberglass Site furniture: wood Soil stabilization Spas and hot tubs Sport surfaces Spray pad equipment Surfaces: asphalt, concrete, gunnite Surfaces: stone

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Surfaces: unit pavers and brick Swimming pools and equipment Tree equipment and tree grates Water conservation

Technical resource files include CAD standards, construction details, specifications, and project-specific technical information such as a geotechnical engineering report. CAD standards can be developed by the landscape architecture office to guide the preparation of design plans and construction documents, or they can be specific to a public agency, such as a state department of transportation, that has contracted the landscape architecture firm. CAD standards should be accessible on the office computer network. Construction detail files are one of the most useful technical files, allowing details to be cut and pasted into the computer files for work in progress. Computer files of construction details should be set up in categories to aid in finding details. Adding a date to each construction detail is helpful so that office designers and CAD drafters will know when the detail was developed or when it was last updated. Adding new or revised construction details as they are developed for specific projects is an important housekeeping task that should be carried out by design and drafting staff at the conclusion of each new project where new construction details are developed. Here’s an example of construction detail file categories on the computer network of a typical landscape architecture office: ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■

Planting details Irrigation details Drainage and water harvesting Erosion control Walls and fences Retaining walls Seat walls Steps and railings Paving Benches Site furniture Shade structures Lighting Planters Fountains

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Project-specific technical information is typically filed under the job number on the computer network, and a printed copy ought to be filed in the hard-copy central files under the job number. Building codes, municipal development regulations, land use codes, zoning codes, landscape codes, official municipal plant lists, grading regulations, storm water regulations, Americans with Disabilities Act, playground safety regulations, DOT requirements, standard municipal construction details, standard municipal specifications, forms used in processing plans through municipal development departments, and online tracking of plan submittals to municipal development departments are some of the codes and related activities that are instrumental to the practice of landscape architecture. The Internet has made access to the code information easy. Some information such as a municipal land use code can simply be bookmarked on computer Web browsers. Accessing the files online means that the office designer, for example, will always be obtaining current code information. Other times it makes sense to copy a file to the office’s computer network so that access will be easy on the network hard drive. Again, an organized computer filing system is helpful. A few key documents that are referenced frequently may also be printed and added to the office’s hard-copy technical and code files.

Payroll Administration Two general approaches are available for administering the landscape architecture office payroll: inhouse or outside-service payroll administration.

In-House Payroll Administration The in-house administration of office payroll normally appeals to the small firm with only a few paychecks to prepare per payroll period, and to the large firm that can afford to employ a full-time payroll manager or controller and staff to administer the payroll preparation process. In-house payroll preparation is aided today by any one of a large

number of computer payroll software applications. As discussed in other parts of this book, integrated business management software systems often provide a payroll module as part of the system. If payroll administration is handled in-house, tax deposits and quarterly reports must be administered as well as year-end reports such as W-2 forms. The IRS includes all of the standard forms on their Web site, www.irs.gov. The forms can be completed online but still take considerable administrative time to complete. These functions and other reporting and tax requirements add time to payroll administration in addition to the time required for the task of making out payroll checks. Larger companies today use direct deposit of paychecks and expense report checks as well as computerized-network-delivered federal and state forms.

Outside Payroll Service There are many nationally franchised and local payroll services that prepare payroll checks for a fee. See, for example, the ADP or Paychex Web sites. In most cases the fee is reasonable, and the cost of the outside payroll service should be regularly evaluated in relation to the costs of providing payroll services in-house. One of the advantages of outsourcing to a payroll service is that the service will calculate the tax deposit requirements of the landscape architecture office. The payroll service assumes the liability for the accuracy of the tax calculations. The firm’s payroll administrator merely has to deposit the appropriate funds in the firm’s checking account to cover the tax requirement. Whether payroll is calculated in-house or outsourced to a contracted payroll service, the decision rests with the firm’s managers. There are pros and cons to each method, and the managers and owners of each firm will decide for themselves which method is best for them. There is a strong argument for the small or medium-sized firm to use a payroll service, nevertheless. Typically business management is not the strong suit of the landscape architecture professionals who own and manage the firm. Payroll processing is a somewhat mundane and repetitive task that can be easily carved out of the business management task, relieving management of some of the business chores.

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Payroll Periods An important decision about the administration of the landscape architecture firm’s payroll is how frequently the paychecks are written. Should paychecks be issued once each week, every other week, twice monthly, or monthly? Bimonthly and every two weeks are the most frequently used payroll periods because they put money in the hands of employees at a fairly frequent rate and require less time to administer. Weekly paychecks require too much administrative effort and higher administrative costs. Monthly paychecks (check with labor laws for legality) substantially reduce administrative costs and effort, but may impose undue hardship on employees in terms of personal cash-flow requirements and personal financial management. For other payroll administration related to bonuses and reimbursements, there is a wider variety of options. Typically, bonuses are paid quarterly or annually. Travel expenses, mileage for business use of employees’ vehicles, and personal out-of-pocket expenses are typically reimbursed on a monthly basis and also when the employee submits the request to be reimbursed for personal expenses.

Employer’s Tax Administration The administration of the landscape architecture firm’s federal and state tax obligations is an important and time-consuming task that is required for the successful business management of the firm. The Internal Revenue Service (IRS) requires that an employer withhold federal income taxes and other taxes, such as Social Security tax, for each employee by payroll period. States also require withholding taxes to be collected and prepaid and, typically, the methods and systems of state departments of revenue are correlated with the IRS’s systems. The amount of taxes to be withheld for each employee is based on the gross wages paid and the withholding allowances claimed by each employee. Landscape architecture firms also pay supplemental wages such as bonuses and overtime pay.

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Withholding for supplemental pay may be taken out at a flat rate of 25 percent as long as the supplemental pay is specifically identified by the employer and the appropriate withholding is made for the regular pay. Supplemental withholding tax may also be calculated by combining with regular salary. Also, if supplemental wages, such as a bonus, are over $1,000,000, the tax rate increases to 35% or the highest IRS tax rate for the year. Withholding taxes must be withheld by every employer and must be paid in a timely fashion. The IRS now uses the Electronic Federal Tax Payment System for tax deposits. The EFTPS is activated when a new company receives its Employer Identification Number (EIN). If taxes are withheld but not deposited in a timely manner, the employer will face a penalty of 2 percent to 15 percent of the unpaid taxes, based on a sliding schedule of how many days late the payment is. Unpaid taxes are also assessed interest. Not complying with federal and state withholding tax obligations can result in severe financial and even criminal penalties. If a firm decides to administer its own payroll and withholding tax obligations, the firm should review the federal and state tax guides, which are available online and updated each year, to ensure that the requirements are being met. The administration of employer tax obligations requires excellent record keeping and can be carried out by the firm’s bookkeeper or accountant, or by one of many local and national payroll service companies. Using a payroll service can be one of the smartest management decisions made by the administrators of a landscape architecture firm. The payroll service not only will correctly calculate the employer’s tax withholding obligations, but also will calculate the employer’s tax contributions, complete the necessary tax forms (by payroll period and quarterly), and make the actual deposits. Employer tax obligations are an administrative headache that can be efficiently discharged to a payroll service, probably at less cost than handling them in-house. In many cases, the payroll service will also assume complete responsibility for the accuracy of the tax withholding and the filing of required forms. The remainder of this section will describe the main responsibilities and considerations of employer tax obligations (www.irs.gov).

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Taxpayer Identification Number All partnerships, corporations (including S corporations), and certain sole proprietors must have a Federal Employer Identification Number (EIN) to use as a Taxpayer Identification Number. The EIN is a 9-digit number issued by the IRS, arranged as follows: 00-0000000. Sole proprietors may use their Social Security number, but must apply for and use an EIN if they pay wages to one or more employees or if they must file pension or excise tax returns. A sole proprietor or the firm’s office administrator can apply for an EIN online at www.irs.gov. An EIN also may be applied for over the phone or by emailing or mailing Federal Form SS-4, available from the IRS. If the business form of the landscape architecture firm changes—from partnership to corporation, for example—a new EIN may be required. The EIN is the main number used as a communication touchstone with the IRS and also other business agencies throughout the life of the landscape architecture office (www.irs.gov).

6. Information about the amount of each payment made for health plans 7. The withholding statement for each employee—Federal Form W-4 8. Any agreement between the firm and the employee for the voluntary withholding of additional amounts of taxes 9. Federal Form W-5 for any employees eligible for earned income credit and who wish to receive their payment in advance rather than when their income tax return is filed For federal unemployment tax, the firm is required to keep the following records: 1. The total amount paid to the firm’s employees during the calendar year 2. The amount of compensation subject to the unemployment tax 3. The amount the firm paid into the state unemployment fund 4. Any other information required on Form 940

Employee Records Each employer is required by law to keep all records of employment taxes (income tax withholding, Social Security, Medicare, and federal unemployment taxes) for at least five years. Records should contain the Employer Identification Number, copies of the filed returns, and dates and amounts of withholding deposits made. The firm’s income tax withholding records should include at least the following information: 1. Each employee’s name, address, and Social Security number 2. The total amount and date of each wage payment and the period of time the payment covers 3. The amount subject to withholding tax, Social Security tax, and Medicare tax paid on each payment date 4. The amount of withholding, Social Security, and Medicare tax collected on each payment and the date it was collected 5. Copies of statements by any employee relating to residence in a foreign country, Puerto Rico, or the Virgin Islands

Withholding Tax To know how much federal income tax to withhold from employees, the landscape architecture office should have a Form W-4, Employee’s Withholding Allowance Certificate, on file for each employee. Employees should be encouraged to file an updated Form W-4 for any year in which they owed taxes or received a large refund when filing their previous year’s tax return. Employees can use the Withholding Calculator on the IRS Web site at www.irs.gov/individuals for help in determining income tax withholding. All new employees should give the landscape architecture office a signed Form W-4 when they start work. The form is effective with the first wage payment. If a new employee does not provide a completed Form W-4, income taxes should be withheld as if he or she is single, with no withholding allowances. The employer can manage the form and all of the related information electronically. The amount of income tax the employer withholds from an employee’s regular pay depends on two things:

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The amount the employee earns The information the employee gives the employer on Form W-4

Form W-4 includes three types of information that the landscape architecture office will use to figure an employee’s withholding: ■

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Whether to withhold at the single rate or at the lower, married rate How many withholding allowances the employee claims (each allowance reduces the amount withheld) Whether the employee wants an additional amount withheld

Although there are a number of ways an employer can calculate the amount of federal withholding required per pay period, the two most commonly used are the percentage method and the wage bracket method tables. The tables for these methods are updated annually by the Internal Revenue Service. Using the percentage method requires the employer to first calculate the amount of employee income for the pay period that is subject to withholding, weekly, biweekly, or semimonthly, for example. This is determined by multiplying a single withholding allowance, specified by the federal government for each type of payroll period, by the number of allowances that the employee claims on the W-4 and subtracting this amount from the gross payroll amount. This amount is then multiplied by specified percentage tables produced by the IRS for each category of payroll period. The percentage tables for one withholding allowance in the 2009 IRS Tax Guide Publication 15-T, New Wage Withholding and Advance Earned Income Credit Payment Tables (For Wages Paid Through December 2009) result in the following deductions: Daily Weekly Biweekly Semimonthly Monthly Quarterly Semiannually Annually

$ 14.04 $ 70.19 $ 140.38 $ 152.08 $ 304.17 $ 912.50 $ 1,825.00 $ 3,650.00

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Withholding Example An unmarried employee is paid $600 per week. The employee has claimed two allowances on Form W-4. Using the percentage method, the income tax withholding is figured as follows: 1. Total wages paid 2. One allowance = 3. Allowances claimed on W-4 = 4. Multiply line 2 by line 3 5. Amount subject to withholding tax (subtract line 4 from line 1) 6. Tax to be withheld determined from the IRS tax table for an unmarried person

$600.00 $ 70.19 2 $ 140.38 $ 459.62

$ 45.14

Using the wage bracket method requires a reasonably simple process of finding the proper IRS table for the type of payroll period and the filing status of the employee (unmarried or married). Using the preceding example, referencing the proper tax table, the employee’s withholding tax is $46. Once the federal withholding tax requirement is calculated, the state requirement is figured as a percentage of the federal obligation (www.irs.gov).

Social Security Tax The Federal Insurance Contribution Act (FICA) provides for a federal system of old age, survivors, disability, and hospital insurance. The old age, survivors, and disability insurance part is financed by the Social Security tax. The hospital insurance part is financed by the Medicare tax. Beginning in 1991, each of these taxes began being reported separately. The FICA tax is paid in equal matching amounts by both employers and employees. The employer must collect and pay the employee’s part of the tax (6.2 percent), and the employer must also pay an equal matching amount of tax. For 2009, the total 12.4 percent for old age, survivors, and disability insurance tax was levied on the first $106,800 of wages paid to the employee. There is no income

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restriction for the 1.45 percent hospital insurance (Medicare) tax. The maximum salary amount on which FICA and Medicare taxes are paid changes each year and typically increases, so employers must be aware of the new annual amount (www.irs.gov).

Earned Income Credit Some employees may be eligible for earned income tax credit (EITC), which is a refundable federal income tax credit for low- to moderate-income individuals and families. Congress originally approved the tax credit legislation in 1975, in part to offset the burden of Social Security taxes and to provide an incentive to work. When the EITC exceeds the amount of taxes owed, it results in a tax refund to those who claim and qualify for the credit. Eligible employees may choose to have advance payments of the earned income credit added to their wages at the time the payroll check is prepared. Employees may be able to take the credit if expected adjusted gross income will be less than $35,463, or $38,583 if filing a joint income tax return. The American Recovery and Reinvestment Act of 2009 (Public Law 111-5), however, increased the earned income credit to $40,463 in that year for joint filers and for taxpayers with three or more qualifying children. The maximum of advance earned income credit for 2009 was $1,826. To receive the income credit in advance, the employee must fill out Federal Form W-5. Penalties and interest can be imposed on an employer if the advance earned income credit is not paid to an employee who has filed Form W-5. Employers are required to notify employees who may be eligible for earned income credit. The employer will pay the amount of advance earned income credit from withheld income and FICA taxes. The IRS provides tables for calculating the amount of earned income credit that should be paid to the employee in each payroll period. The employer is required to report the total amount of earned income credit paid in advance on the employee’s W-2. Employers that fail to pay the advance earned income credit will be liable for penalties and interest. Penalties are severe (www.irs.gov).

Withholding Tax Deposits and Reporting The employer is required not only to calculate the withholding tax obligation but also to deposit the amount of the taxes due, plus the employer’s required matching amount of Social Security and Medicare taxes, in a timely fashion, in an authorized financial institution or a federal reserve bank. Employers use IRS Form 941, Employer’s QUARTERLY Federal Tax Return, to make required reports on withholding tax deposits. All employers who are subject to income tax withholding must file Federal Form 941. The first-quarter report covering January, February, and March is due by April 30. The next three quarterly reports are due July 31, October 31, and January 31. Penalties for not filing are very steep, and penalties for not withholding or not depositing the income tax, Social Security, or Medicare taxes may be up to 100 percent of the unpaid taxes, if the act is deemed to be willful. Deposits are due either semiweekly or monthly. If the total tax reported on Form 941 is less than $50,000 for a four-quarter look-back period, the firm is a monthly depositor. If the total tax reported on Form 941 is more than $50,000 for a four-quarter look-back period, the firm is a semiweekly depositor. The look-back period comprises the four quarters beginning July 1 of the second preceding year through June 30 of the last year. Employers must pay careful attention to due dates to avoid the stiff penalties for incorrect deposits or deposits not made on time. Deposits are most commonly made using the Electronic Federal Tax Payment System (EFTPS) or depositing preprinted coupons at a bank authorized to accept federal tax deposits . State withholding tax deposits are also required and may be made in hard-copy or electronic formats. Deposits for monthly depositors are due by the 15th of the month following the month that the taxes are withheld. Semiweekly depositors must make deposits on the Wednesday or Friday of the following week, depending on the payment date. If the payment day is Wednesday, Thursday, and/or Friday, the deposit is due the following Wednesday. If the payment day is Saturday, Sunday, Monday, and/or Tuesday, the deposit must be made by the following Friday.

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As mentioned earlier, a payroll service can help with the firm’s IRS obligations. The payroll service will be responsible for the regular payroll reporting that must go to the IRS. This can provide relief from the stress of meeting the IRS requirements and give the firm’s administrative and professional staff more time to spend running the firm and producing revenue.

Federal Unemployment Insurance The Federal Unemployment Tax Act (FUTA), together with state unemployment systems, provides for payments of unemployment compensation to workers who have lost their jobs. Most employers pay both a federal and a state unemployment tax. Only the employer pays this tax. It is not deducted from the employee’s payroll check. An employer is required to pay FUTA tax if one or more persons are employed on at least some part of 1 day in each of 20 or more calendar weeks during a current or preceding calendar year, or if wages of $1,500 or more are paid during any calendar quarter in the calendar year or immediately preceding year. The FUTA rate for 2009 was 6.2 percent. Employers are allowed a credit for payments made to state unemployment insurance systems of up to 5.4 percent. This tax, which is also paid entirely by the employer, is paid on only the first $7,000 of wages paid to each employee. If the employer’s FUTA tax liability for a quarter is $500 or less, tax deposits do not have to be made. Instead, the employer may carry it forward and add it to the liability figured in the next quarter, to see if a deposit must be made. If the FUTA tax liability for any calendar quarter in 2009 was over $500 (including any FUTA tax carried forward from an earlier quarter), the employer had to deposit the tax using EFTPS or use Form 8109 at an authorized financial institution (www.irs.gov).

Tax Status of Nonwage Payments to Employees Certain types of payments to the firm’s employees may not be considered as wages subject to income

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tax withholding, FICA, or FUTA taxes. A few common examples of such special payments are fringe benefits, company cars, commuting and moving expenses, group life insurance, meals and lodging, employee expense reimbursements, noncash compensation for services, distributions from qualified pension plans, and employer contributions to 401(k) plans. The business administrators of the landscape architecture office need to be current on the IRS policies regarding payments to employees not subject to income tax withholding and fringe benefits that are taxable and must be recorded as income. These policies change regularly. It is helpful to obtain the most current IRS publications relating to these nonwage payments. The IRS publication that is updated annually is Form 15-B, Employer’s Guide to Fringe Benefits.

Information and Year-End Tax Returns Some of the most common federal tax information returns required to be filed by the landscape architecture office include the following: 1. W-2 forms, used to report wages and other compensation paid to employees 2. W-4 forms, used to determine amount of withholding tax 3. 1041 forms, used by employers to report quarterly taxes 4. 1099 forms for the following: Interest payments Dividend payments Pension, profit-sharing, and IRA distributions Rent and royalty payments Mortgage interest Real estate transactions Payments to nonincorporated vendors and subconsultants 5. Form 5500, filed by sponsors and administrators of the firm’s qualified pension and profit-sharing plans All of the forms may be filed using the Electronic Federal Tax Payment System (EFTPS). The forms are available at www.irs.org.

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Back-Up Withholding

Resources and Information

In almost all cases that require the filing of an information return, the employer is required to make backup withholding on the amount paid, unless the person receiving the payment provides his or her tax identification number to the employer. Payments that are subject to backup withholding are generally tied to the requirements for filing the 1099 information return. 1099 forms are not required to be sent to corporations. If backup withholding is required because the payee is an individual without a tax number, the backup withholding is calculated at 28 percent. The 1099 forms must be filed by January 31 of the following year.

The IRS is one of the most helpful of federal agencies. It provides a wide variety of assistance, starting with its Web site, www.irs.gov. The IRS also provides access via toll-free numbers, and all IRS information and requirements are published in hard copy and available through online resources and in local offices of the IRS. The IRS publishes the SmallBusiness Resource Guide to help firms comply with the federal tax requirements. Another good IRS reference is the Guide to Free Tax Services. The tax administrator in every landscape architecture office should obtain these handy references.

REFERENCES Filing Information Returns Landscape architecture offices must file Form W-2 for wages paid to each employee. All W-2 forms must be provided to employees by February 2. Copies of the W-2 forms and the transmittal form, the W-3 form, must be filed with the Social Security Administration by March 2. In 2009, all 1099 form summaries had to be filed with the IRS by March 2. The electronic filing date was March 31. Electronic filing is encouraged by the IRS. If a firm is large and will be filing more than 250 information or W-2 forms, the federal government requires electronic filing. The penalties for not filing correct and timely information forms are severe, and the landscape architecture office administrator must be sure to comply with the IRS requirements (www.irs.gov).

State Requirements Each state will also have its own taxing and filing requirements. In most cases, the state withholding tax requirements are expressed as a percentage of the federal amount withheld. Information returns that are required to be filed for the federal government are usually also required by the state government. It is impractical to reiterate the rules and regulations for all 50 states here, but suffice it to say that the business managers of landscape architecture offices must be aware of the state’s requirements.

Diamond, Susan Z. 1991. Records Management. 2d ed. New York: AMACOM, a Division of American Management Association. Furnas, Ben. 2009. Center for American Progress, “American Health Care Since 1994: The Unacceptable Status Quo.” Website www.american progress.com (accessed August 8, 2009). Gill, Suzanne L. 1988. File Management and Information Retrieval Systems. 2d ed. Englewood, CO: Libraries Unlimited. Health Insurance Association of America. 1991. “Health Insurance: It’s Everybody’s Business: What You Need to Know; Checklist for Comparing Plans; and Holding Down Costs.” Washington, DC: Health Insurance Association of America. . 2003. “A Guide to Health Insurance.” Washington, DC: Health Insurance Association of America. Internal Revenue Service (IRS) Publications. Leimberg, Stephan R. and John J. McFadden. 1990. The Tools and Techniques of Employee Benefit and Retirement Planning. Cincinnati, OH: National Underwriter Company. Lundgren, Terry D. and Carol A. Lundgren. 1989. Records Management in the Computer Age. Boston, MA: PWS-Kent Publishing Company. Office of Federal Register, National Archives and Records Administration. 1989. Guide to Record Retention Requirements. Washington, DC: Superintendent of Documents, U.S. Government Printing Office.

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Spencer, Charles D. & Associates. 1991. SEC 401(k) Plans: An Employer’s Guide to Sponsoring Cash or Deferred Plans. Chicago, IL: Charles D. Spencer & Associates. Sun-Sentinel. 2008. “Highest/Lowest Unemployment Compensation by State,” June 16, 2008. Available at www.sun-sentinel.com (accessed August 7, 2009). Tweedy, Donald B. 1986. OfficeRecordsSystemsandSpace Management: A Guide for Administrative Services Managers. New York: Quorum Books. U.S. Department of Health and Human Services (HHS). (2009). Centers for Medicare & Medicaid Services, “Medicare and You,” CMS Publication No. 10050. March 2009. U.S. Department of Labor (DOL). n.d. “Health Plans and Benefits: Employee Retirement Income Security Act—ERISA.” Available at www.dol.gov/dol/topic/health-plans/erisa.htm (accessed August 10, 2009).

Web Sites In addition to the Web sites cited in the text, the IRS has abundant helpful resources and publications. The following is a partial list of some of the relevant IRS publications:

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Publication 15: Circular E, Employer’s Tax Guide for Use in 2009 Publication 15-T: New Wage Withholding and Advance Earned Income Credit Payment Tables (For Wages Paid Through December 2009) Publication 463: Travel, Entertainment, Gift and Car Expenses Publication 501(2008): Exemptions, Standard Deductions, and Filing Information Publication 583: Taxpayers Starting a Business Publication 583 (1/2007), Starting a Business and Keeping Records Publication 502 (2008): Medical and Dental Expenses Publication 3998 (Rev. 6-2007): Choosing a Retirement Solution for Your Small Business

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IRS Forms W-4 and W-5 2009 2008 Instructions for Forms W-2 and W-3 2009 Small Business Resource Guide

STUDY QUESTIONS AND ASSIGNMENTS 1. Contact landscape architecture firms and other A/E firms in your community and research the types of job-numbering systems that the firms use. Write a paper discussing your findings and summarizing the different job-numbering systems your research uncovers. 2. Develop your own job-numbering system to track all of your studio projects. Develop your own computer and hard-copy filing system so that information is easily accessible. Use the systems throughout your college career. 3. Using this chapter and other references, write a paper that illustrates your understanding of an effective and organized office filing system, digital and hard-copy. Describe a system that you would implement if you were starting an office. 4. Divide your class into three-to-five-person teams. Each team is to function as a design office. Develop a complete system of administrative forms that would be used in the office. The system should be entirely electronic. Consider forms for the following uses: Time cards Email format Call records forms Photocopy records Computer plotting records Travel report forms Transmittal letter forms Fax transmittal forms Reimbursable expense forms Personal use of vehicles, mileage report forms Petty cash forms Supply requisition forms Routing forms Project management forms 5. Using this chapter and other references, write a paper that illustrates your understanding of the insurance obligations of a typical landscape architecture office.

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6. Using this chapter and other references, write a paper that illustrates your understanding of why a landscape architecture office provides retirement benefits for its employees. Research, discuss, and evaluate various retirement plans.

writing payroll checks as if you were the owner of a landscape architecture office. Set up three employees with different salary levels. Calculate the federal and state tax deductions, and prepare sample payroll checks for the employees.

7. As individuals, or the class as a whole, develop electronic and hard-copy filing category systems for product literature and technical references. Research typical landscape architecture product manufacturers and set up electronic files of Web sites. Implement your filing system.

9. Research integrated project and business management software companies that provide options for electronic operation of the landscape architecture office, including project management, time cards, invoicing, accounts receivable, accounts payable, and payroll components. Develop recommendations for small offices (1 to 12 people), medium offices (13 to 50 people), and large offices (over 50 people).

8. Using this chapter as a reference and also accessing www.irs.gov, work through the process of

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Marketing

arketing is a social and business management process that landscape architects use to obtain clients and projects. A marketing program and careful attention to the firm’s marketing process have become increasingly important to the survival and success of the landscape architecture office. A marketing program with sophisticated marketing and advertizing materials will continue to be important not only for obtaining work but also for elevating the quality of projects that a firm will have an opportunity to work on. Landscape architecture firms that are effective at marketing will obtain and keep more clients and work on more interesting and high-profile projects. Years ago, the marketing of professional services was hardly discussed in the conference rooms of landscape architecture offices. After obtaining clients and providing quality services resulting in the successful completion of a project, repeat work from the client and word of mouth were all that was necessary to obtain further work. Today, the business environment for landscape architecture services is more complex and competitive. Providing quality services that result in successfully completed projects remains important, but other marketing procedures and techniques have become standard operating procedure in most landscape architecture offices. The people, corporations, and governments that need professional landscape architecture services represent the firm’s client market. The full range of professional planning and design needs

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represents the firm’s market opportunities. If a landscape architecture firm provides professional services primarily in park planning and design, for example, its client market will center on those agencies at all levels of government that develop and manage parks. The types of parks to be developed represent opportunities for slanting marketing efforts. A firm might become specialists in linear parks, for example, and slant its marketing efforts toward agencies that feature linear park development. The landscape architecture firm that is able to differentiate itself from its competitors will be a market leader as long as the external market for the firm’s services remains strong. Differentiation can be created in many ways. The firm can win design awards. It may employ one or more recognized leaders in a specialty area, such as visual resource analysis. It may have completed a significant number of projects in a specific market segment, such as waterfront design or LEED certified projects, becoming a leader by experience. Obtaining a minority or disadvantaged classification has been a way for some firms to differentiate themselves from other firms. The fact that a firm can differentiate itself is important, and the firm needs to capitalize on the differentiation by proper marketing, promotion, and publicity. Successful marketing also depends on managing the quality of the professional services delivered by the firm. Quality management is a direct responsibility of the firm’s principals and staff who carry

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out the professional services of the office and interface with clients. The firm’s marketing personnel are responsible for publicizing the quality of the firm’s work and for coaching staff to maintain the highest possible quality in the delivery of the firm’s services. The marketing staff members are advocates for attaining the highest possible quality of design in the firm’s completed projects. In the long term, the market leaders will be the landscape architecture firms that nurture the reputation for high quality of service, as well as high quality of the designed and built environment or planned and preserved natural resources. Indeed, the notion of total quality management (TQM), that has been part of the corporate world in the United States since the 1980s and the Japanese corporate world since the 1950s, is a concept that is very applicable to the professional services firm. In the TQM philosophy, everyone in the company is empowered to be responsible for the quality of the product or service. Nowhere is quality management by all members of a firm more important than in the professional landscape architecture office. Without marketing and the development of clients and jobs, there will be no opportunities for talented design and technical staff to fulfill their potential. Marketing must be a central component of the business plan of today’s landscape architecture firm. The keys to effective and productive marketing include the following: ■

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The firm has a written strategic business plan and a marketing plan that are prepared and updated annually. The firm is aware of its competitors and regularly analyzes their marketing maneuvers. The firm develops and utilizes the best possible marketing and advertizing tools such as the firm’s Web site and its preprinted brochures. The firm develops effective methods for producing proposals and carrying out interviews in response to the public and private request for qualifications (RFQ) or request for proposals (RFP). The firm regularly identifies new market opportunities, in terms of types of services and geography, and evaluates market expansion possibilities.

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The firm nurtures its present clients. The firm manages its services and products for the highest possible quality. The firm strives for high design and technical excellence in its completed projects. The firm constantly tries to differentiate itself from its competitors. The firm designs and implements a public relations program. The firm accepts the need for marketing and integrates client development and client maintenance in all of its endeavors. The firm regularly obtains feedback from its clients about its delivery of services.

The Strategic Plan To be effective at marketing, the owners and principals of the landscape architecture firm must develop and continually update a strategic business plan. The business plan includes a marketing plan that identifies the firm’s target markets. Without such a plan, the evolution of the firm is subject entirely to the forces of the market and the whims of the firm’s top managers and employees.

The Mission Statement The mission statement, which is a part of the strategic business plan, is a declaration of the firm’s competitive strategy. The mission statement describes the specific philosophy the owners of the firm wish to adopt in delivering the landscape architecture services. The firm’s mission and the firm’s efforts at strategic planning are shaped by three main factors: 1. The interests, education, and cultural background of the firm’s founders, owners, principals and staff. 2. The internal environment of the firm, including physical, intellectual, technical, and financial resources of the owners, principals, and staff.

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3. The external environment of the firm, including regional geography and national economic trends. Interests, Education, and Cultural Background

If a landscape architect is trained in Arizona, he or she is not as likely to head off to Massachusetts to begin professional practice as to stay in the Southwest or move to another desert region to practice. If a landscape architect receives an M.L.A. degree from a university program specializing in behavioral research and environmental psychology, he or she is less likely to go out and begin a private practice that focuses on design and preparing construction documents. A landscape architecture graduate who grew up in an innercity area may have nurtured a strong desire to return to the city and dedicate his or her practice to improving the quality of the urban environment. The landscape architect with an M.L.A. degree and a Ph.D. in biological sciences will be more likely to become a college teacher or be part of a professional firm with a strategic plan focused on environmental assessment and research. The interests, education, and cultural background of each landscape architect and of the firm’s leaders play a central role in the mission of each landscape architecture firm. Expressing the interests and background is an important part of the firm’s mission statement. Finding a good fit between the interests of the firm’s owners and principals and the type of work the firm secures increases the firm’s productivity. Disaster can occur if the fit can’t be found. The Internal Environment

The number of professional staff, their educational background, their interests, the equipment, the computer capability, work attitudes, financing capability, and all other elements of the internal makeup of the firm are key considerations of the firm’s strategic plan. The internal environment is the part of the strategic plan that the owners have the most control over. They have the greatest opportunity to manipulate and direct these internal elements in order to support the firm’s objectives and market orientation.

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The External Environment

There are two major parts to the external environment that influence the development of a landscape architecture firm’s strategic planning. The first is the immediate operating environment, including the firm’s competition, the client base, and the geographic region. A shift in the local economy because a factory stops production, for example, would depress the local housing market and impact the elasticity of the pricing of landscape architecture services, driving fees down. A number of spin-off firms that begin at the same time in a local landscape architecture market as a result of a regional market downturn would also affect landscape architecture fees negatively. The new firms would be likely to compete by lowering fees to capture market share. Conversely, a local boom in industrial growth might impact the landscape architecture firm in other ways, such as a competitor’s attempting to steal staff by offering higher wages because more work is available. Whereas the external operating environment can be influenced to some degree by the actions of the owners of the landscape architecture firm, the more likely course of action is reactionary management. The better the firm’s managers become at forecasting changes in the external operating environment, the greater the chances of counteracting the effects on the firm. The second external influence is the national and global business environment, which the landscape architecture office can do little or nothing to influence. The national and global environments include influences such as the trends in the national and global economy; impacts of the international economic climate, such as the price of oil; and philosophies of the national political party in control of Congress and the executive branch of government. Is the national economy on the upswing, or is the country in a recession? Are social programs in vogue, or is the federal government tightening its belt and reducing social spending programs? Are there technological forces at work that may shape the practice of landscape architecture? The introduction of the personal computer into the everyday operations of the landscape architecture office in the early 1980s is an example of a national external force that has dramatically affected the practice

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of landscape architecture. The oil embargo of the mid-1970s and the concern for oil self-sufficiency caused a focus on mass transit, creating many design and environmental assessment opportunities for landscape architects. That concern has been repeated many times since the 1970s, including the gas hike crisis caused by the increase in price from $1.25 per gallon in 2001 to $4.50 per gallon in 2008. The global recession of late 2007 to 2009 caused significant reduction in the national and global landscape architecture market. Remote external forces are always at work changing the political, social, economic, and technological playing field and causing the possibility of change in the strategic plans of the landscape architecture office. National disasters, unfortunate as they may be, are a type of external force that cannot be anticipated but often results in market opportunities for landscape architects. The eruption of the Mount Saint Helens volcano in Washington in 1980 is an example of an unpredictable natural occurrence that created numerous natural-resources analysis and design opportunities for landscape architects, including the design of a new access road and a new visitor center. The devastation of Hurricane Katrina in 2005 brought the need to rebuild the city of New Orleans. Based on the background and interests of the firm’s principals, analysis of the internal and external environments, and formulation of strategy, the owners of each landscape architecture office will develop a mission statement for the firm—an ideological and competitive strategy. The firm’s mission statement, as set down by the owners and the principals, will shape the firm’s strategic posture. The mission statement should accomplish a number of important goals:

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Specify the types of services to be provided by the landscape architecture office and the markets the firm seeks to serve. Specify the immediate external environment in which the firm intends to operate. Provide the motivational focus of the firm, fostering allegiance and camaraderie among the firm’s employees. Specify the technology that the firm will use to carry out its professional services.

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Address the organizational parameters of the firm. Spell out the management philosophy of the firm, as well as planning and design ideologies. Differentiate the firm and reinforce its strengths. Identify profitability and survival as a business priority of the firm. After all, the firm that does not prosper and survive will not be around to worry about it.

Strategic Business Planning After the firm’s founders have laid out the mission statement, they should develop a strategic business plan that defines the firm’s target market. A target market for a landscape architecture firm could be all of the architects and engineers in a given geographical area; parks and recreation departments and agencies of local, state, and federal levels of government; multifamily housing developers; or conservation and environmental-protection public agencies; or LEED-certified development. A firm might target several markets, emphasizing versatility and attempting to be a jack-of-all-trades. In the latter case, the firm should address the process of strategic planning and make a conscious decision to have a generalist orientation. Strategic business planning is the ongoing process of developing a niche for the landscape architecture firm in the changing marketplace. The aim of strategic planning is to constantly shape the firm’s ability to provide landscape architecture services, to produce profits, and to maintain the firm as a viable entity. Strategic planning is a relatively new concept in the corporate and industrial world, and even newer in the world of service professions. As the external environment continues to become more and more competitive, however, the need for strategic planning will continue to be more and more important. Analyzing the external environment is the most important part of strategic business planning. The external environment is made up of the forces that are beyond control of the firm’s managers but that constantly impact the nature and profitability of the firm’s practice of landscape architecture. These

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political, economic, social, and technological factors present opportunities, as well as threats, to the firm’s business health. Political factors include changes in the tax code that may affect the business structure of the firm; the taxing structure of local, state, and federal branches of government; the social orientation of the national party with the most power in the congressional and executive branches of government; and the current political attitudes toward conservation, sustainable development, urban revitalization, highway development, and other government programs. Economic considerations include factors such as the availability of credit for expansion, the cost of credit as related to the prime interest rate, the rate of inflation, and the economic expansion of the national economy as measured by the gross domestic product. Social considerations involve the values, attitudes, and mores of potential clients in the firm’s external environment. One of the most significant social impacts on the practice of landscape architecture has been the large number of women entering the workforce in general and the landscape architecture profession specifically. This social change has further impacted the professional practice of landscape architecture because of national and local programs that give preference to minority and women-owned firms. A shift in population is another social trend that may affect the regional practice of landscape architecture. After 1950, national shifts in population from the Rust Belt to the Sun Belt created many landscape architecture opportunities in Texas, Arizona, and California. Technological change is another external force that is constantly at work shaping the practice of landscape architecture. Who can deny the impact that the computer and software applications have had on the profession? Or the value of e-mail, the Internet, and social utilities like Facebook, Linkedin, MySpace, and others. The third and most manageable part of the strategic planning equation is analyzing and formulating the makeup of the internal environment. The process involves constantly assessing the firm’s realistic ability to respond to the professional-practice opportunities that it encounters. One of the best ways to analyze the landscape architecture firm’s in-

ternal environment is to carry out a regular review of strengths and weaknesses. A number of categories should be analyzed: ■

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Design capability and expertise represented among the firm’s principals and staff Technical capability and expertise represented among the firm’s principals and staff Technical and production resources of the firm Web presence of the firm and the firm’s Web site Marketing capability and expertise of the firm’s principals and staff, and marketing resources Financial resources of the firm Business management abilities and support staff capabilities of the firm Track record of completed projects Desire to take on challenges and break new professional ground

The results of the internal analysis will identify if the firm has competitive advantages, meets only the basic competitive capabilities, or has competitive vulnerabilities. Obviously, the firm should maintain and strengthen its competitive advantages. The firm that has only basic competitive capabilities should at least maintain its competitiveness and also try to develop competitive advantages. The firm that diagnoses competitive vulnerabilities should attempt first to remedy the vulnerable aspects of its internal environment, and then continue to move into the basic competitive level, and even work on developing competitive advantages for the vulnerable areas. The strategic planning process ends in action statements that drive the firm forward. These goals and objectives are the strategic plan itself and provide direction in a number of areas: ■ ■ ■ ■ ■ ■

Market and clients Revenue and profit Staff and personnel Resources Geography Internet presence

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The Marketing Plan The Marketing Process Managing the marketing process requires a number of tasks including, but not limited to, the following: 1. 2. 3. 4.

Analyzing marketing opportunities Identifying and selecting target markets Developing marketing strategies Planning, implementing, and controlling marketing efforts 5. Implementing an Internet presence on the World Wide Web

The first task facing owners, principals, and managers of a landscape architecture office is analyzing the short- and long-term opportunities for the firm to compete in the market or markets the firm has identified in its strategic plan. For example, a landscape architecture office may have a long-term goal to engage in master planning, site design, and landscape architecture for commercial projects, corporate facilities, and corporate headquarters. At the present, however, the firm will be able to enter the desired market only by serving as a subconsultant to architecture firms because the landscape architecture firm does not have direct experience as a prime consultant in the planning and design of large commercial facilities or corporate projects. If there is strong market demand for the subconsulting services, the landscape architecture firm can set a short-term goal of providing the best possible subconsulting services to nurture its architectural clients while trying to develop the ultimate client the firm wishes to serve—the commercial developer or corporate executive. Working as a subconsultant provides a good opportunity for the landscape architects to acquire experience and to home in on the types of services desired by the prospective commercial and corporate clients. Working as a subconsultant gives the landscape architects the opportunity to identify key players such as planning and zoning officials, financiers, and real estate brokers. Moreover, working as a subconsultant provides the opportunity to become aware of what the firm’s competitors, including the prime consultant, are doing. All of the education and ex-

perience gained by the landscape architects while serving in a subconsulting role provides market research for penetrating the desired market. After subconsulting for a while, the landscape architects will have developed a track record of completed commercial and corporate projects. They will have identified several potential commercial or corporate clients whom the landscape architects could approach with the proposal that they serve as the prime consultant on a future project. In this way the commercial and corporate clients are “targeted” by the landscape architects; the target market has been identified. The landscape architect’s potential clients represent a segment of the market that can be focused on in order to achieve the firm’s long-term goal of master planning, site design, and landscape architecture for large commercial or corporate projects. Next the firm develops a marketing strategy that consists of the time commitment and financial resources the firm will spend in developing the target market. The strategy may address the following questions:

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How will prospective clients be contacted? What marketing and promotional material will be most useful? Are the marketing and promotional materials already available, or will the landscape architecture firm have to develop new materials or expand presently available materials? What are the prospective client’s previous projects? Could the landscape architects have improved on the previous projects? What is the prospective client’s next project? What research must be carried out to become familiar with the new project? What other contacts, such as real estate brokers or lenders, could the firm approach as helpful contacts for its landscape architects? Is the prospective client price or fee sensitive? How can a social relationship and a friendship be developed and nurtured with the prospective client? Which people in the landscape architecture firm are best suited for making contact with the prospective client in terms of personality, mutual interests, and available time?

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What financial resources are available or can be budgeted for developing the prospective client? What is the value of the professional landscape architecture services to the prospective client?

The marketing and client-development strategy will be set based on the firm’s responses to the issues and questions about the prospective client and the market opportunity. A written strategy, if only a memorandum of the main efforts to be made in marketing and client development, is the best way to culminate the marketing strategy efforts. The most important element of the written marketing strategy is a time line that identifies when key steps of the marketing effort should be completed and when the landscape architecture firm hopes the efforts will culminate in a contract. Developing a Web site and identifying target markets through its web presence is a necessity for all firms engaged in the marketing process. Not only does the Web site portray the firm’s capabilities to prospective clients, but it also is the first place almost all prospective clients will turn to for information about the landscape architecture office. Very careful attention should be given to the way the firm’s Web site portrays the market capability of the office. Sometimes the marketing efforts do not produce the desired results, and it becomes evident to the firm’s marketing manager or principal in charge of the marketing and client-development efforts that a successful conclusion is unlikely. In such cases, the firm should cut its losses and return to the beginning of the marketing process, to analyzing its short- and long-term marketing opportunities. Once implemented, the firm’s marketing effort should be evaluated regularly. The firm should evaluate the success of its marketing efforts within the parameters of the marketing budget and the firm should monitor the time line for achieving the market penetration.

The Marketing Plan The culmination of the planning efforts is the written marketing plan as related to a specific market

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sector. The plan might include the following main sections: I. Executive Summary. This is an abbreviated overview of the marketing plan. II. The Marketing Environment. This section presents relevant information about the size of the market in which the firm wants to capture market share. The commercial development market in the landscape architecture firm’s region, for example, might be projected as $100 million per year with an expected increase of 20 percent per year for five years. The total of project fees might be 12 percent, or $12,000,000, the first year. This section also discusses the competitive environment. Who are the landscape architecture firm’s main competitors? What is the firm’s strategy for competing (i.e., fees, better experience, hassle-free approvals with local government officials)? What percentage of market share is held by each of the competitors? What is the quality of services provided by each competitor? Generally, what are the intentions and behaviors of the competitors? This section would present a summary of the internal and external environment factors that might impact the landscape architecture firm’s marketing capabilities. III. Analysis of Issues: Opportunities and Threats. Here the plan spells out the main opportunities and threats facing the landscape architecture firm. A. Opportunities 1. The firm can penetrate the market and obtain 5 percent market share by securing one project with a specific client. 2. The client has indicated a strong interest in the landscape architecture firm because of the excellent services and award-winning landscape architecture on the client’s two previous projects. 3. The architecture firm that served as the prime consultant on the client’s last project has been criticized for taking too long to complete the

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planning and design phase of the last project. 4. The landscape architecture firm has a well-established working relationship with another architecture firm that is willing to serve as the landscape architecture firm’s subconsultant if the client awards the prime contract to the landscape architecture firm for the next project. B. Threats. The landscape architecture firm is likely to lose as a client the architecture firm it served as a subconsultant on previous projects for the developer. This architecture firm provided $40,000 in revenue per year for the previous two years to the landscape architecture firm. The landscape architecture firm may impact its subconsulting relationship with other local architecture firms if it is viewed as taking away work that might otherwise be considered the market domain of architecture firms in general. C. Issues. Is the prospective opportunity to serve the commercial developer a one-shot deal, or will it lead to fulfillment of the firm’s strategic longterm goals and result in a strong market share? IV. Objectives. Here the plan describes the financial and the marketing goals of the plan. The firm expects to achieve a 5 percent market share in the first year, and 10 percent overall. If the project is successful, the firm will have gained a significant foothold in the commercial market related to the firm’s long-term marketing goals. V. Marketing Strategy. Here the plan outlines the strategies and action programs the firm will need to implement in order to secure the market sector and develop the clients. What will be done? Who will do it? When will it be done? What will it cost? VI. Controls. This section of the plan outlines the controls that will be used to monitor the progress of the plan. A key part of this section is the schedule or time line associated with the marketing plan. This section might also

include a contingency plan to cut losses if adverse developments occur. VII. Potential Revenue and Profit. The last section of the plan is a presentation of the potential revenue that can be achieved by successfully implementing the marketing plan. Revenue of $400,000 in the first year is possible by completing one project for the prospective client. These fees will result in a $44,000 profit for the firm. This section might include a five-year projection of revenue and projected profitand-loss statements.

Marketing Tools and the Promotion Mix A wide variety of marketing tools is available to the landscape architecture firm. Developing the tools and selecting the right mix of marketing tools for the firm in general and for a target market or client requires a great deal of time and attention by the firm’s owners, managers, and principals. The tools that work for one target market or client may not work for another. The tools that worked for 10 years may suddenly become outdated and have to be scrapped. The tools that the firm used for 15 years may need to be revised if the firm changes ownership. Selecting the right mix of marketing tools requires that a landscape architecture firm have a variety of tools as part of its marketing arsenal. A Web site is an important marketing tool, providing both general information about the firm such as the firm’s philosophy, market capability and market strengths as well as specifics about personnel and completed projects. The firm’s Web site is a good vehicle for videos of completed projects and simulations of projects in the planning and design phase. A simulation of riding a bicycle through a linear park is an example of how a 3-D simulation can be used for a design project on a firm’s Web site. If one of the firm’s primary marketing tools is a general brochure, the firm may have difficulty competing for a specific target market when the firm really needs a group of specific project cut sheets related to the target market. Selecting the right mix of marketing tools occurs at

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two levels—first for the firm in general and second as related to a specific target market, client, or project. The mix of marketing tools may be based on the financial resources of the firm and on the personalities and philosophies of the principals and marketing staff. Principals who believe that the quality of the services provided and the quality of the built project are the keys to securing future work may feel that word of mouth is the central component of the firm’s promotional mix. They might subsequently select other marketing tools, such as newspaper, journal, and magazine articles or a blog that cover the firm’s work. These principals may write journal articles that can be used in marketing and that support word of mouth as a primary marketing method. A professional blog or a blog that chronicles the design, development, and use of a project over many years could be used to portray the work and interests of a landscape architecture firm. One of the best landscaperelated blogs is Pruned, found at http://pruned. blogspot.com/.

Word of Mouth The marketing tool used by every landscape architecture firm is word of mouth. Word of mouth refers to the comments made by a former client to friends, acquaintances, and associates regarding the quality of services provided by the landscape architect and the client’s satisfaction with the services and the finished products. Obviously, the landscape architect wants the comments to be positive. The more that is said publicly by satisfied clients, the better the standing of the landscape architecture firm in the community. As potential clients hear more about the landscape architecture firm, the firm may be considered “hot” and have many prospective customers calling. If negative word-of-mouth comments surface about a landscape architecture firm in regard to a specific project, the firm should meet the criticism head on and be truthful about the issues involved when asked about them. The firm must identify the source of negative word-of-mouth comments and make every attempt to correct the situation and mitigate the negative publicity.

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Firm Brochures The purpose of a firm brochure is to convey an overview of the landscape architecture firm’s philosophy toward planning and design, to showcase the firm’s most notable projects, and to spotlight the experience of the firm’s owners and principals. The brochure paints a broad-brush picture of the firm. Brochures have become less popular in recent times because of their static nature in today’s constantly changing business environment and the national landscape architecture market. The printed brochure has been made somewhat obsolete by Web sites. Brochures tend to be expensive to produce, especially if they include photographs and if they are printed in color. Using high-quality paper, printing at an unusual size and perfect binding also add substantially to the costs. The design of a high-quality brochure can cost several thousand dollars or more. If the firm can afford the cost of a brochure, it can be a very useful marketing tool. If the brochure is well designed and printed in a high-quality fashion, the appearance of the brochure itself—in addition to its contents—will make a statement about the firm. The brochure is effective as a general follow-up to cold calling prospective clients. Brochures can also be produced inexpensively with a reasonable degree of quality. Producing the layout in house on the firm’s laser printer can substantially reduce costs. One type of inexpensive and useful brochure is a one-page flyer that folds to fit in the standard-sized business envelope and also fits in the pocket of a sport coat or inside a briefcase or purse. Flyers can be used effectively in a directmail marketing campaign if the flyer is targeted to a specific market.

Project Cut Sheets Firms today use individual project cut sheets instead of, or as a supplement to, the general office brochure. A project cut sheet is normally produced on 8-1/2-inch by 11-inch paper because it is more economical. This size fits standard 8-1/2-inch by 11- inch formats for a statement of qualifications or a proposal. The size is compatible with standard letter and envelope sizes. Any other size is less practical.

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Individual project cut sheets are extremely useful for target marketing because the specific types of projects a firm has completed that relate to the target market can be featured in the firm’s marketing approach. For example, the firm could send a selection of cut sheets that illustrates the firm’s school-related project experience with a letter of introduction to a school board that may have a number of projects available in the near future. Or the selection of school-related project cut sheets could be used to indicate the landscape architecture firm’s experience in a response to a request for proposals from a school board. Cut sheets allow flexibility in target market responses and allow the firm to appear as if it specializes in a particular type of project because the cut sheets can be slanted to the target market. Several different cut sheets can be made for the same project, each with a different slant to be used with a different target market. A housing project that the firm has worked on may have included professional services for environmental assessment, preparation of a master site plan, including a large common recreation area, and design of site amenities, landscape, and irrigation systems. This project could be used to develop individual cut sheets featuring (1) environmental assessment services, (2) site planning services, (3) housing services, (4) recreation planning and design services, and (5) landscape architecture and irrigation design services. By using different headlines, photographs, or graphics, the firm can produce at least five cut sheets for this project, each for a different target market. A broad selection of individual cut sheets bound in a preprinted folder has taken the place of a general office brochure for most firms today. Cut sheets are very useful to send to other A/E firms when the landscape architecture firm is asked to participate as a subconsultant on a project team assembled in response to a request for proposals (RFP). The cut sheet method of promotional materials allows the landscape architecture firm to tailor the cut sheet selection, and thus the firm’s experience, to the requirements of the RFP. Individual cut sheets can be produced on an as-needed basis using page layout software typically saved as a PDF file. The PDF files can be printed as the need occurs or spliced into digitally produced proposals or SOQs. Many projects lend

themselves to a black and white format which tends to be economical to produce. (See Figure 8-2.) Today’s software and color printers also allow for easy production of color cut sheets (see Figure 8-2). Individual cut sheets can also be produced in large quantities using expensive printing techniques on high-quality paper stock. When the supply is used up, the cut sheet can be updated if desired and additional copies printed. The office will need ample storage space if it has a large supply of pre-printed cut sheets.

Standard Form 330 for Federal Procurement of Landscape Architecture Services If a landscape architecture firm intends to procure federal government projects under the heading of A/E services, an essential part of the firm’s marketing toolbox is the GSA Form SF 330. Prior to 1995, the GSA used the SF 254 and SF 255 forms to procure A/E services. These forms were widely used not only by the federal government to screen firms but also by local and state levels of government. In 1996, the federal government published FFC Report Number 130, “Survey on the Use of Standard Forms 254 and 255 for Architect-Engineer Qualifications.” The process of evaluating the SF 254 and the SF 255 revealed that federal and A/E industry practitioners thought that the forms needed to be streamlined and updated to facilitate electronic usage. Over time the SF 330 form was developed based on a number of objectives:

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To merge the SF 254 and SF255 into a single more efficient form To expand information about expertise and experience To reflect the range of A/E disciplines To cover a wider range of experience and technology To eliminate insignificant information To allow limitations on the length of submissions To facilitate electronic usage and online completion of the form.

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Figure 8-1. Black-and-white cut sheets are economical.

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Figure 8-2. With today’s software and hardware, color cut sheets that include digital photos are also easy to produce. Project cut sheet courtesy of Olsson Associates.

In 2001, a proposed Federal Acquisition Regulation (FAR) rule was published that recommended replacing once and for all the SF 254 and SF 255 with SF 330 and the SF 330 became required by all federal agencies on June 8, 2004.

The federal government uses a qualificationsbased selection process for A/E firms and the SF 330 form can be filed with each federal agency that a landscape architecture firm wants to do business with. The SF 330 has two parts.

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Figure 8-3. Example of the resume section of SF 330 form. Courtesy of Olsson Associates.

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Part I presents the qualifications for a specific contract. Part II presents the general qualifications of a firm or a specific branch office of a firm. Part II has two uses: 1. A landscape architecture firm may submit Part II to a central, regional or local office of each federal agency the firm wants to work with, the U.S. Forest Service, for example. The forms are kept on file at each agency. A public announcement is not required for certain contracts, and agencies may use Part II as a basis for selecting at least three of the most highly qualified firms for discussions prior to requesting submission of Part I. Firms are encouraged to update Part II on file with agency offices. 2. A Part II may be submitted for each firm that will be part of a project team assembled by the landscape architect. The SF 330 can be completed online or by using a PDF or Microsoft Word format. The forms can be accessed at www.gsa.gov/forms. The landscape architecture office also can monitor federal procurement in various categories of work by using www.FedBizOpps.gov. This Web site is the single government point of entry for federal government procurement opportunities over $25,000. Government buyers can publicize their business opportunities by posting directly on the Web site and landscape architecture firms can search, monitor, and retrieve opportunities solicited by the entire federal contracting community. FedBizOpps provides answers to FAQs and allows vendors to sign up for the vendor notification service. The site can link landscape architecture firms to the latest procurement news and other related sites. Some agencies have additional instructions and information on their Web sites (see for example the Web site of the American Institute of Architects, www.aia.org).

Web Site It’s hard to imagine a landscape architecture firm today that would chose not to have a Web site as

part of its arsenal of marketing tools. A Web site has become the first source of information about an office. Developing a Web site can be done relatively simply by using web site design software or the Web site can be designed by a Web design consultant. In-house design of the Web site is a good approach if the firm has staff available who are proficient with the software and can take responsibility for regularly updating the Web site. Website design involves learning how to use hyptertext markup language (HTML) codes and developing the Web site from scratch or using Web site design software that relies on the WYSIWYG (what you see is what you get) approach. WYSIWYG software allows the in-house Web site designer to view the web pages the way they will look to the user as the pages are developed. The software is similar to typical word-processing programs. Examples of WYSIWYG Web design software include Adobe Dreamweaver, Microsoft Expression Web, Adobe Creative Suite, Front Page, CoffeeCup Web site software, and many others. Using Flash software developed by Macromedia and distributed by Adobe allows development of animated Web sites. Attention to the design and message of the Web site is important because the Web site represents the face of the firm. It can often be the first point of contact that a potential client has with the firm, and it should be designed to grab the attention of a prospective client. It should say a lot about the landscape architecture capability of the firm, and it also can say a lot about the technical computer capability of the firm.

Direct-Mail Marketing With the appropriate software, the typical landscape architecture firm is capable of producing sophisticated direct-mail advertising featuring regular postal service mailings or electronic emailings in large quantities. Many people argue—and indeed the marketing literature points out—that the payoff for direct-mail mass marketing is low, but direct mail does serve a useful purpose in the overall marketing efforts of a landscape architecture firm. Direct-mail marketing has two good purposes:

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1. General publicity of the firm (i.e., to keep the name of the firm in front of as many people in the broad market as possible). 2. Target marketing related to a specific request for proposals with the emphasis on a specific consulting opportunity for the firm.

In the first use of direct-mail marketing, the landscape architecture firm keeps its name and its accomplishments in front of the widest possible range of prospective clients. To be effective at general publicity by direct mail or email, the landscape architecture firm first must develop and maintain a database of its postal service and/or email contacts—the firm’s market opportunities. With the ability to sort a contacts database, the firm can be selective with the mailings, targeting a specific market. Effective use of mail-merge software reduces costs of direct postal service marketing. After computer techniques and administrative methods are in place for quick and effective responses to direct-mail marketing opportunities, the firm should seize opportunities to publicize itself to a broad range of potential clients. Any noteworthy achievement, award received, personal recognition, or other differentiating event for the firm is a reason for a general direct-mail marketing effort. Some professional offices use a newsletter to publicize achievements and to keep in touch with the firm’s larger client base. Another very effective direct-mail campaign is the year-end greeting card. Some firms have also used a calendar as a yearend greeting that is mass mailed to the firm’s large general mailing list. A calendar is a very effective marketing tool, especially if well designed and visually appealing. When the prospective client hangs the calendar on the wall, the calendar will keep the name of the landscape architecture firm in front of the potential client and all of the people who visit the potential client’s office for an entire year. The second good use of direct-mail marketing is to target a selected group of potential primeconsulting firms in response to a specific request for proposals. In this approach, the landscape architecture firm should use its general marketing operations to track RFQs and RFPs for large-scale projects. When the landscape architecture firm becomes aware of an RFQ or RFP for a large and

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complex project, such as an urban expressway or a mass transit system, a targeted emailing and/or hard copy mailing can be made to transportation planning firms and other large A/E firms likely to submit a proposal as a prime consultant. The landscape architecture firm might attempt to be listed by one or more larger firms, for instance, as a subconsultant for urban design, environmental assessment, and landscape architecture services. The targeted emailing or postal mailing might include a package of materials such as descriptions of prior related project work, re´ sume´ s of key staff, cut sheets, and other material that would assist the prime consultant in expediting the production of the proposal. By putting the needed response materials in the hands of the marketing staff of the larger firm, the landscape architecture firm has a better chance of being selected as a subconsultant and team member. The shotgun response to an RFP can put the landscape architecture firm in the enviable position of being listed by a number of prime consultants, especially if the landscape architecture firm’s prior project experience matches the services required for the proposed project particularly well. With effective follow-up calls and a little luck, the landscape architecture firm may find that it is listed with enough prime consultants that it has 100 percent coverage when the shortlist is announced. At this point, the landscape architecture firm is in a no-lose situation, assured of the opportunity to work on the project. The shotgun effort is useful in a subconsulting market. A key to successful shotgun emailing or hard-copy mailing is the follow-up phone call after the email or hard copy mail has reached the prospective client to get a commitment from the larger A/E firm. In this direct-mail approach, the mailing comes first, and the call is second. A rule of thumb with the direct-mail marketing approach is to give something useful to the firms receiving the mailed information. If one merely sends a letter asking the larger firm to consider using the landscape architecture firm as its subconsultant, the response from the prospective prime consultant might be “Why should we?” If the landscape architecture firm’s email or hard-copy mailing package includes the materials necessary for the larger firm to use directly in responding to the RFP, and if the

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materials are eye-catching, the landscape architecture firm will increase its chances of being selected by the larger firm. If possible, provide something useful in the direct-mail approach.

Direct-Call Marketing In the same way that direct-mail marketing can be effective, direct-call marketing is effective. Principals and marketing personnel in the firm keep phone numbers on file of the firms they team up with or provide subconsulting services to. As with direct-mail marketing, the principals or marketing staff of a landscape architecture firm make calls when they hear about a project where the firm is competitive. By using the phone, they can quickly cover much ground. Larger firms can be contacted before they are contacted by other landscape architecture firms. In this approach, the landscape architecture firm seeks a verbal commitment from another firm to team up with the landscape architecture firm. If it receives an affirmative response, the landscape architecture firm can follow up by sending the necessary promotional materials. In this method, the call comes first, and the mailed materials follow. Many principals and managers of landscape architecture firms keep a regular calls list at their desk. The list includes other professional firms, former and present clients that the principal or manager frequently works with on projects. Keeping in contact with these people is important. At any time during a conversation, a lead can be mentioned if the landscape architect is alert.

Cold Calls Telephone solicitation is a technique used to introduce a landscape architecture firm to a prospective client with whom no prior relationship exists. Cold calling usually starts with a list of potential clients—a target market—that the landscape architecture firm wishes to penetrate and establish market share. The list may be developed from any number of sources, such as Internet research or a listing of government or nonprofit agencies. Each prospective client is called with a goal of trying to establish common in-

terests resulting in a follow-up call or meeting. The follow-up will be used to expand on the common interests and begin nurturing a relationship with the prospective client. Cold calling is one of the most unnerving tasks that faces the marketing personnel of the landscape architecture firm (or almost any firm, for that matter). Perseverance is a helpful personality trait for the cold caller. Getting through to a person who has the authority to make decisions about hiring consultants can be difficult, and sometimes it is difficult to get through to anyone even interested in talking to the cold caller. In other cases, the cold caller is headed off by a receptionist or a secretary, who tells the cold caller to email materials or to send materials in the mail and will not connect the caller to the prospective client (a brush-off). The landscape architect cannot be sure that the materials ever reach the appropriate decision maker, and if they do, the personal touch of presenting the materials is missing. Another criticism of this method is the low rate of success often attributed to cold calls. Although the success rate may be low, the cold call has a definite place in the overall marketing scheme. There are a number of techniques that can be used by the caller to make cold calling easier and more pleasant. The overall technique should focus on asking questions. By asking questions, the cold caller will uncover information about the prospective client’s interests and will be able to keep asking further questions, seeking common interests. Given the opportunity, most people like to talk about their interests. Therefore, if the cold caller can uncover the interests in a few questions, the prospective client may do a lot of talking about his or her interests and feel good about the conversation. By breaking the conversational ice, the cold caller will often end up with an opportunity for a firsthand meeting and interview. The following list of techniques is useful as a guide for making easier and more effective cold calls: ■

Prepare a written outline in advance of cold calling. The outline should include a number of specific questions designed to identify some of the interests of the prospective client. The outline should also include some of the

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main points about the landscape architecture firm that the cold caller wants to emphasize. But remember, it’s better to talk about the interests of the prospective client than to talk about the landscape architecture office and its achievements. Take notes during the conversation and summarize the notes and the actions required for follow-up. Be sure to follow up promptly with any requests of information. Humor is a very helpful element of cold calling. A joke or a funny anecdote can go a long way in keeping a cold call on the lighter side. Be upbeat. Don’t apologize for calling or act intimidated. Take advantage of the opportunity to leave a specific message on an answering system if the person you’re trying to reach is not available. Set a clear goal or outcome desired from the cold call, such as the opportunity for a personal meeting or the opportunity to send some promotional material with another follow-up call after the prospective client receives the material. Try to keep the conversation reasonably brief. Thank the prospective client for his or her time. Make a regular effort at cold calls. The more calls you make, the better you’ll be at making cold calls.

Cold Emails Like cold calling, the landscape architecture principal and marketing staff also can use cold emails. Sending an email to someone you don’t know requires delicate wording. The email ought to include one or more questions to elicit a reply email. If a reply is received, it could be the beginning of a digital relationship that can quickly turn into a person-to-person relationship. Email addresses can usually be found on Web sites, if not for a specific individual, at least for a general mailbox for the firm or company the landscape architect is trying to reach with a cold email. Cold emailing has a low rate of return. It’s very easy for the receiver to push the delete key and that

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ends the landscape architect’s opportunity with that email. It is possible to send the email with return receipt or notification that the email has been read but even that aspect can be blocked by the recipient. One other way to use a cold email is by responding to the “contact us” opportunity on a prospective client’s Web site.

Social Internet Networks Early in the twenty-first century, social networking became mainstream, with sites like MySpace, Linkedin, Facebook, and eHarmony. Today, there are thousands of social networking sites that allow users or companies to create a profile for themselves. The profiles can be part of an internal social network or an external social network. Both types can be used to increase a sense of community among the people included in the network. The internal social network is closed or private. Typically, an internal group consists of a group of people from a larger external social network that are invited or allowed to be part of the internal group. The external social group is open and it is public. It is available for all web users to communicate. External social groups can be smaller specialized social communities linked by a single common interest such as www.TheSocialGolfer.com, which connects golfers worldwide, or they can be large generic social networking sites such as MySpace, Facebook, or Bebo. One popular use for the new technology is social networking between businesses. Companies have found that social networking sites such as Facebook and Twitter are great ways to build their brand image. The companies use the sites to create brand awareness, to recruit employees, to learn about new technologies, to check out competitors, and to generate sales leads. Companies can drive Internet traffic to their online sites while encouraging their consumers or clients to have discussions on how to improve or change products or services (Wikipedia 2010). The development of social Internet groups will continue to develop and be a part of how people and businesses communicate in the future. One of the biggest downsides for the use of social

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and business networks is the time associated with continual updating of information and managing the information on the site. If a company elects to use a social network site, it is limiting itself to the social and business opportunities it can generate on that site.

Video A video production about the firm and its prior experience is another useful marketing tool that can be emailed directly or copied to a disc for either hard-copy mailing or personal delivery. Because video production is expensive, the projects that are highlighted should be unique, award-winning, photogenic, and interesting. The video should be professionally produced if funds are available. Videos of a built project showing users enjoying the project can be a great marketing tool. In fact a complete video history of developing the plans, preparing construction documents, bidding, constructing, and using the project, including before and after views of the site, can be very impressive.

Tickle Files One of the oldest sales and marketing tools is the tickle file. Basically, a tickle file is a reminder system comprising two main elements: (1) a calendar in which the names of prospective clients or contacts are scheduled for future dates when they should be called in order to keep in touch and query about possible project opportunities and (2) an ongoing system of note keeping about each phone conversation held with the contact. These notes are very important because the prospective client or contact may be called (or tickled) only once every three to six months, for example, and the landscape architect needs to remember what was discussed in previous conversations in order to resume the conversation again. Because a large percentage of a landscape architecture firm’s work often comes from repeat clients, a tickle file is a particularly useful method for keeping in touch with former clients when there has been a gap in time from the previous project executed for the client.

Newspaper, Magazine, Radio, and TV Coverage Reprints and photocopies of newspaper and magazine coverage make useful marketing tools. These articles impress a prospective client more than promotional literature written by members of the firm because the articles are written by an objective outsider. Prospective clients will normally be impressed by news articles about the landscape architecture firm’s work. The more articles that are written about the firm’s work, the better it is. News articles and general-interest pieces written about the firm or its designers make excellent background information when included as part of proposals. The marketing staff, principals, and project managers of the landscape architecture firm need to be aware of news opportunities when they arise and see that newspapers and magazine editors are made aware of newsworthy or interesting story opportunities about the firm. One of the best ways to do this is by engaging the services of a public relations firm, which will write press releases to be sent to the editors of local or other newspapers or magazines. The public relations firm will have a wide variety of newspaper and magazine contacts, and the public relations consultant will be able to press the right buttons, resulting in more articles about the landscape architecture firm hitting the news than if the landscape architecture firm tries to manage its own public relations. If the landscape architecture firm decides to manage its own public relations, it should have a principal and a staff person who take responsibility for the publicity and who regularly write press releases about the firm’s work and attempt to get them in the news. Internal management of the landscape architecture firm’s public relations can be successful, but it takes a lot of work and time. One question that the smaller firm must answer is whether the time taken by a principal to work on publicizing the firm would be better spent on generating billable time working on projects. The larger landscape architecture firm may have a marketing person or staff who also handle the public relations for the firm. Radio and TV coverage of the firm’s work can also be very useful in keeping the firm in the public

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eye. As with newspaper and magazine coverage, the firm or its public relations staff must be on the lookout for interesting, newsworthy opportunities. An opening of a new project, a major achievement of the firm’s staff and a significant award for one of the firm’s principals are examples of opportunities that may make excellent TV or radio coverage. Cable TV provides opportunities for TV coverage. Cable TV shows developed and produced locally document human interest stories on a wide variety of topics. Landscape architecture firms working in the areas of ecology, water resource planning, landscape recovery programs, parks, playgrounds, and historic preservation, for example, have excellent material for cable TV stories about the firm’s work. Internet coverage can occur in a number of ways, including blogging by members of the firm and direct news coverage. Publishing the firm’s reports and other projects directly on the World Wide Web is another way to get Internet coverage where the information will be part of the results of a search initiated by a user. If the landscape architecture firm has a specialty design orientation, sensory gardens, for example, by publishing examples of the firm’s gardens on the Web, they may come up on a search performed by a user interested in the design of sensory gardens.

Journal Articles Like the newspaper or magazine article, the journal article is very useful as a background piece in a proposal or a letter of introduction. The big difference between the two is that newspaper and magazine articles are usually written by an outside author about the firm, its staff or its work. Journal articles, on the other hand, are usually written by an insider, a principal, or member of the firm. Journal articles usually deal with a technical subject. They are particularly useful if they are written about a new idea, a new type of design, or a new way of carrying out the design, planning, or analysis process. A journal publishing effort ought to be considered by every landscape architecture firm. Accepted journal articles not only provide excellent marketing materials for a landscape architecture office, they also provide great professional development opportunities

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for principals and staff. Journal articles can be very helpful to firms that are interested in developing a specific target market. A journal article on a historic preservation project, for example, creates credibility for the firm in the historic preservation market. A journal article is valued because it is typically refereed or selected by a journal editor from many submittals, increasing the authoritativeness.

Public Speaking Giving a talk at a local historical society or a meeting of the AIA or presenting a paper at a conference on xeriscape principles or sustainable design are examples of public-speaking opportunities available to principals and staff of a landscape architecture firm. Public speaking gets the landscape architect in front of the public, and the landscape architect is remembered as being knowledgeable in the topic area he or she speaks about. If enough speaking opportunities are carried out, the landscape architect may become recognized as an authority on the subject. Word-of-mouth references made by audience members are a marketing byproduct of the speaking opportunities. One of the best ways to find out about public speaking opportunities is by contacting the executive staff—elected or appointed leaders—of local professional or community organizations. These organizations are always looking for speakers and may welcome contact by a landscape architect wishing to speak at a meeting. Speaking at professional society meetings, such as the annual meeting of the American Society of Landscape Architects or the U.S. Green Building Council are very good opportunities for marketing the landscape architecture firm. In order to be effective, the landscape architect must have the personality for public speaking and enjoy getting up in front of an audience. Having a number of prepared talks, including PowerPoint slide presentations, illustration boards, flip charts, handouts, or other supporting materials is very useful. The landscape architect can use the prepared talk as is, or alter it slightly to slant it appropriately for the audience. The prepared talks can be used as a base for developing new presentations. Having several prepared talks ready to use gives the

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landscape architect the opportunity to make a commitment for a speaking engagement on short notice without the anxiety of having to put together a talk and supporting materials from scratch. Making a commitment to speak on short notice is a good way to endear the landscape architect to the leaders of a professional or community organization, and the resulting goodwill is a valuable public relations payoff too.

Community Service Landscape architecture marketing opportunities can be created by serving on commissions, boards, task forces, and other community service organizations. The local zoning board, the city or county design review committee, the local or regional planning commission, the mayor’s task force for downtown redevelopment, nonprofit group fundraising activities, urban forestry advisory boards, water quality advisory groups, and hundreds of other community service opportunities are available to the landscape architect. Most firms encourage their employees, from principals to entry-level designers, to be active in community service. The main benefits of community service are: ■

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Visibility and name presence for the landscape architecture firm Meeting people and making friends Fostering word-of-mouth marketing for the landscape architecture firm Personal and professional development of social and political skills Development of presentation and group dynamics skills Firsthand knowledge of the community’s political and social dynamics A feeling of satisfaction from altruism

Sponsoring Community Events Similar to contributing time through participating in community service, the landscape architecture firm can achieve visibility by contributing to community events through financial sponsorship and donating time or services. Sponsoring a golf

tournament, a children’s museum fundraiser, or a tennis match are some of hundreds of sponsorship opportunities available to the landscape architecture office on a community-wide basis. Because opportunities to sponsor local fundraising events abound, the landscape architecture firm’s principals and marking staff may have many more requests for funding than the firm has funds available. Establishing and holding to an annual budget for community events is a good idea. Funds may be spent on a first come, first served basis or be targeted community events that the firm’s sponsors on an annual basis.

Trade Shows and Conferences Many landscape architects advocate trade show and conference exhibits as effective marketing tools. Obviously, the trade show or conference should be oriented to one of the firm’s target markets. The National Recreation and Parks Association (NRPA), for example, holds annual state and national conferences open to landscape architecture exhibitors. Attending NRPA conferences as an exhibitor is an effective method of target marketing for the firm that specializes in parks and recreation planning. The main criticism of trade show and conference exhibiting is the expense. Preparing the actual exhibit materials, building or purchasing an exhibit system, leasing the exhibit space, traveling to the trade show location, staffing the booth for several days to a week, and paying for the expenses and client entertainment while at the conference add up to a very costly marketing vehicle. Nevertheless the expense may be worthwhile; trade shows and conferences can result in big payoffs because they are market-targeted events. If the firm exhibits at trade shows or conferences, the firm’s marketing staff should pay careful attention to designing and preparing the actual exhibits and the exhibit booth. The firm should also select its most outgoing, people-oriented principals and marketing personnel to staff the booth. The exhibit staff must be comfortable meeting people and striking up a conversation. The work of staffing an exhibit booth can be physically and emotionally

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Figure 8-4. Exhibiting at trade shows can be an effective part of any firm’s marketing program.

demanding. Effective selection of staff will result in a higher degree of success.

Print, TV, and Radio Advertising The advertising medium used a great deal by landscape architecture firms is the print medium. Trade journals, local promotional magazines and literature, real estate publications, newsletters published by architecture, engineering, and planning societies, and other print media that generally have a targeted audience represent good advertising opportunities. Other print advertising opportunities prevail but are often associated with some of the other marketing tools discussed in this section, such as advertising related to sponsoring a community event. Like trade shows, advertising in print media can be an expensive marketing tool. The actual cost of placing the ad is only one of many expenses, including preparing the artwork, photography, copywriting, and using an advertising agent if the landscape architecture firm is not capable of putting the ad together itself. Professional landscape architecture offices have not traditionally used TV and radio for advertising, although a few opportunities exist. One of the best TV and radio opportunities is advertising associated with supporting a public radio or TV station. Most public TV and public radio stations operate

in part on funds raised through listener-supported broadcasts. Some public information broadcasts are related to the professional services of a landscape architecture firm, and the firm may choose to fund all or a part of the specific show. A five-minute daily broadcast of the events held weekly by a city parks and recreation department is a good example of the type of broadcast that a landscape architecture firm might sponsor. Public information broadcasts carry a byline for the sponsoring firm. If the ad is repeated daily, it will result in excellent radio or TV exposure for the firm. There are many print medium advertising opportunities that do not take a major investment of funds but get the name of the landscape architecture firm into the public eye. Here are a few print advertising opportunities: ■

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List the services that the firm provides on the firm’s business cards, email bylines, letterhead, and stationery. A client who receives an email or a letter from the firm about landscape architecture services already under contract may also need environmental analysis services, and if the client sees these advertised on the firm’s print medium it might lead to another contract. Advertise tastefully on company cars or vehicles. Insist on a job sign for all projects under construction listing the landscape architecture

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firm as the designer. A paragraph can be included in the firm’s standard contractual terms and conditions requiring a job sign. Always include a cover sheet on the firm’s sets of construction documents with the firm’s name in large letters and its logo. Request that other firms to which the landscape architecture firm serves as a subconsultant also include a cover sheet. Always advertise in phone and Internet directories. Always insist that the name of the firm is listed in the literature of community service organizations supported by the firm. Always insist that the name of the firm is used when news or trade journal articles are written about the firm’s work. Take advantage of trade publications that provide free listings. These publications list the providers of professional services and related industry companies by type of services or product and are often distributed free to a wide audience. Take advantage of similar opportunities on Web sites. Be sure that the firm is included in the lists of local firms by categories that are often published by local trade magazines and local business papers. Include the landscape architecture firm’s name and logo on all cut sheets and promotional literature. There is no telling when a copy of a cut sheet might be used unbeknownst to the landscape architecture firm. If the firm’s name and logo are on the cut sheet, the firm will receive proper recognition.

Figure 8-5. Listing the services provided by the landscape architecture firm on the business calling card is an easy way to advertise the firm’s capabilities.

Digital Photo Files and Archives Photographic records of the firm’s constructed designs or exhibits from completed planning projects are used in developing cut sheets and presentation boards, for journal and magazine articles, for enhancing the office environment, and for a number of other promotional uses. Photographs are the necessary raw materials of the firm’s promotional materials, and digital photo archives are extremely important marketing assets. Digital photo files and archives must be well organized and managed. They should be accessible, easy to use, and up to date. Photos can be filed using the project numbering system in place in the office or they can be filed in a marketing area of the firm’s computer network. Project work should be photographed when the project is completed and the photos ought to be

Figure 8-6. A job sign is a great advertising opportunity at no or low cost. If the sign is on a busy street, thousands of potential clients may see it every day.

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updated every other year or so. The firm should delegate responsibility for photography to one or more staff members and should consider using a professional photographer, especially for recording the firm’s highest-profile projects. Some firms use video records to provide a photographic record of the firm’s projects. With computer graphics capability today, video will be used not only for recording the firm’s project but also in interviews.

Display Boards Presentation boards developed for project presentations as well as boards developed for specific marketing efforts, such as trade shows, make good displays in the office. One of the most common ways to display a project is to dry mount the photographic work on large pieces of foam-core boards. Having a number of key boards available in the office can be very useful when a call is received for an impromptu interview and no time is available to develop a presentation.

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Answering the Telephone Last but not least, all members of the firm should be trained to answer the phone in a pleasant and welcoming manner. Phone skills are exceptionally important for the receptionist or whoever answers the phone on a regular basis. The receptionist is the first point of contact with the landscape architecture firm, and the way that the receptionist answers the phone and directs the call can leave a big impression on the caller. The receptionist must always be cheerful, helpful, and knowledgeable about the firm’s services and who does what in the office. The receptionist should be capable in dealing with the irate caller and the cold caller. This first point of contact with the firm should represent the corporate culture or personality of the firm itself. That first point of contact can be a continuing important detail in why a client continues to stay with a landscape architecture firm for project after project. If it is a pleasure every time a client calls the landscape architecture firm, that client is more likely to keep on calling.

The Physical Environment of the Office One marketing tool that can’t be overlooked is the physical environment of the office. An attractive, well-designed office environment can reflect the design talents of the firm’s owners, principals, and design staff. Although subtle, the environment can definitely leave an impression with a prospective client. The office environment may even be intentionally designed and furnished to feel comfortable to representatives of the market segment targeted by the landscape architecture firm. If the firm’s clients are primarily A/E firms doing public-sector engineering work, the landscape architecture firm’s owners may intentionally keep the office environment tasteful but toned down and comfortable to the engineering clients. If the firm has primarily upscale corporate clients, the office environment may intentionally be representative of high design. Always consider the design and furnishing of the office environment as a part of the firm’s marketing plan.

The Marketing Payoff Direct Selection Successful marketing efforts of the landscape architecture firm can result in the direct selection of the landscape architect. Direct selection by a prospective client is gratifying and avoids the costly process of developing a statement of qualifications or a proposal and preparing for an interview in a competitive selection process. The higher the hit rate on direct selection resulting from the firm’s marketing efforts, the more profitable a firm will be because less time will be spent than on competitive job development. After direct selection by a prospective client, the main overhead costs to a firm will be developing and negotiating the scope of services and the fee. In some cases, the prospective client may even pay for the scoping and fee setting process.

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The Statement of Interest, the Proposal, and the Interview Successful marketing efforts of the landscape architecture firm also could result in the opportunities to submit a statement of interest, a statement of qualification, or a proposal. Each of these—the statement of interest (SOI), the statement of qualifications (SOQ), and the proposal—is a different initial response to a prospective client. A statement of interest (SOI) confirms the landscape architecture office’s interest in a project and is a response to a request for interest or RFI issued by a public- or private-sector client. Submitting an SOI is a prerequisite to receiving further information, such as a request for proposals (RFP). An SOI tends to be brief. It can be as brief as a letter sent on the firm’s letterhead or it can be an email response to an RFI. A statement of interest may include a brief statement about the landscape architecture firm’s previous experience or the background and experience of the firm’s principals or key staff. A statement of qualifications (SOQ) is a response to a request for qualifications or RFQ. The SOQ is a lengthier document than the SOI. The SOQ will include information about the firm’s prior experience, staff capabilities, and resources. It can include full-length resumes or resumes in shorter paragraph formats. It may be bound as a document. A proposal, which responds to a request for proposals or RFP, may include the same information as an SOQ, but it will also include a scope of work and scope of services to be provided by the landscape architecture firm. The scope of work and scope of services are likely to become part of the contract if the firm is selected to carry out the services. The proposal may include full resumes and information on subconsulting firms. A proposal usually includes fees. In general, effective marketing will result in more SOI, SOQ, and proposal opportunities. A good business practice is using a “go/no-go” form to help in deciding whether a firm has a good chance of being successful in the SOI, SOQ and proposal process. Realistically assessing the firm’s chances at success can save time and money by focusing the firm’s responses on projects where the

firm has a higher chance of getting selected and by passing on SOIs and SOQs where the firm has a lower chance of being selected.

The Statement of Interest and the Statement of Qualifications The landscape architecture firm writes and assembles an SOI or an SOQ in response to an RFI or RFQ. The RFI is used as an initial screening process by a prospective private or public client. It describes the project and the services required in general terms so that the marketing staff or principal of the landscape architecture 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. The RFI 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. Enough information is typically provided by the prospective client to allow the landscape architecture firm to decide if it is interested in pursuing the project. Typically, the SOI is not a screening process. It is used solely to identify the firms that are interested in the project. After receiving the SOI from the landscape architecture firm as well as all of the other firms that respond to the RFI, the client or agency that issued the RFI will send a package of information outlining the next step in the process—either submittal of an SOQ or a proposal. The request for qualifications is a further screening device to determine which of the firms responding to the RFQ are most qualified to provide the solicited professional services. The RFQ may ask for information that will prequalify landscape architecture 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. The agency or prospective client will evaluate all of the SOQs received and take one of several different actions, including the following: ■

Screen the firms to a shortlist of several firms invited to write competitive proposals

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Screen the firms to a shortlist of several firms invited for competitive interviews Rank the firms and select one for further discussion and negotiation of a scope of work and a contract Start the selection process over because the SOQs received did not provide an adequate pool of qualified firms Abandon the project

The SOQ process normally requires a great deal of effort for a firm to be successful. The firm is competing with a wide variety of other firms and must write and put together an SOQ that is detailed and graphic. The process is expensive in terms of time and out-of-pocket costs. Sometimes a public agency will use the RFQ format to prequalify a select list of landscape architecture 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 revolving through the list of prequalified firms.

The Written Proposal There are two general types of written proposals. The first responds to a request for proposals (RFP) where a private client or a public agency solicits proposals from any and all firms for a specific project. The RFP process usually results in a shortlist of firms to be interviewed for the project or direct selection of a firm. The selected firm goes on to negotiate a contract for professional services. The second type of RFP is received by a landscape architecture firm directly from a prospective private or public client without going through a wide-open competitive selection process, or perhaps only competing with a small number of firms already prequalified by the prospective private or public client. This direct selection process would be made by a prospective client that has done its homework and evaluated a number of different landscape architecture firms through means such as Internet research, word of mouth, and discussions with former clients.

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A proposal written in response to an RFP must be carefully conceived and produced because the firm will be eliminated from the selection process if it is not either awarded the contract based on its written proposal or shortlisted for a personal interview. Writing proposals is expensive, and landscape architecture firms need to have a reasonable success rate. None of the firm’s costs are reimbursed by the public agency or private company, and most landscape architecture firms cannot afford to continue submitting proposals unless they succeed at least some of the time. The higher the hit rate the better. Typically, the response to RFPs will include some of the same information provided in a response to an SOQ, including examples of prior related experience, expertise of the firm’s key staff (re´ sume´ s), financial and insurance data. The RFP response also includes a written understanding of the project or problem, how the landscape architecture firm will approach the project, an estimate of hours, and a cost proposal. Preparing a response to an RFI, RFQ, or RFP is an important capability required of landscape architecture firms because a large number of private projects and even more public works projects are obtained by engaging in the RFI, RFQ, and RFP selection process. Preparing standardized materials such as re´ sume´ s, project lists, cut sheets, and lists of references, along with word processing and pagedesign software, makes the response process easier and faster. The following general guidelines may be applied to the preparation of SOIs, SOQs and proposals: 1. Always respond specifically to the questions asked in the RFI, RFQ or RFP. Use the same headings. Address each of the specific items of information requested. 2. Always ask what specific criteria will be used in evaluating the SOQ or proposal. The evaluation criteria will usually be directly related to the information requested. If the evaluation criteria are available, always address each criterion. 3. Make phone calls or personal visits to the contact persons identified in the RFI, RFQ, or RFP. Before making contact, review the RFI, RFQ, or RFP and develop a list of

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questions to ask the contact. The list of questions should be expanded by a brainstorming session in the landscape architecture office attended by key project staff, subconsultants, and other staff with experience in the specific type of project. Once the questions have been formulated, call the contact person and visit the person if possible. Email contact may also be used and often is preferred by the contact person. Take notes during the conversation. The phone calls, email, or personal contact with the contact person will accomplish three things: A. Provide clarification about the project and alert the landscape architecture firm to nuances that are not covered in the written RFI, RFQ, or RFP. B. Show interest in the project to the contact person who often is on the selection committee. C. Begin the process of getting to know the people who have made the request for services and become friendly with them. Carry out Internet research on the project site and any issues that are identified in the RFI, RFQ or RFP. Use Web sites such as Google Earth to study the context of the project site. Research codes that are applicable especially zoning and land-use codes. Visit the site of the proposed project. Carry out research and a site analysis to the extent possible within the marketing budget set for the project. While visiting the site, take photographs that will be useful in the written response. The photographs will be evidence that the landscape architect has visited the site and will reinforce the landscape architecture firm’s interest in the project with the selection committee. Initially determine whether the landscape architecture office will be competitive for the project. Develop a “go-no go” matrix and make the best decision possible to decide if the firm should actually go after the project and spend the time and money necessary to be competitive. If the project is a “go,” set a time and dollar budget for the job-development effort

needed to prepare an SOI, SOQ, or proposal for the prospective project. Set the budget prior to starting the response effort. Many firms use a 10 percent rule of thumb as a budget-setting guideline. In other words, job development should not exceed 10 percent of the anticipated professional fee. Set the budget and level of effort commensurate with the fee. If a project will have a fee of $40,000, the job-development budget and level of effort will be small compared to a project that will have a fee of $400,000. Be prepared to exceed the marketing budget if the chances of being selected appear to increase throughout the process of preparing the SOI, SOQ, or proposal. 8. Always illustrate the SOI, SOQ, or proposal. The photographs taken during the initial site visit are excellent for illustrating the section of the response dealing with understanding of the project. Cut sheets or photographs of the landscape architecture firm’s prior related experience can enhance the section of the response dealing with prior experience. Photographs of the firm’s prior related projects can be sprinkled throughout the response. Photographs of the firm’s principals or key staff are effective for humanizing the re´ sume´ s or descriptions of prior experience and expertise of the key staff who will be dedicated to the project. 9. Determine if there is a political agenda behind the scenes related to the RFI, RFQ, or RFP. Sometimes, even though the selection process is open to all firms, there is a political agenda that may make some firms unacceptable. If the firm appears to be unacceptable, don’t expend the time, effort, and resources to go through the SOI, SOQ, or proposal process. Also try to determine if the project is “wired” for a firm and the prospective client or public agency is just going through the motions with the selection process. 10. Use the best page layout software, color laser printers, paper quality, binding methods, and overall production methods available to the firm. The appearance of the proposal can be as important as the content.

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11. Consider how the landscape architecture firm’s competitors may respond to the RFI, RFQ, or RFP. Factor this consideration into the landscape architecture firm’s response. Identify all the ways that the firm can separate itself from its competitors. 12. Create a cover for the firm’s response that will stand out from the other proposals. There may be a large number of proposals submitted, and the proposals that have attractive covers may be remembered more by the selection committee members. In the competitive process, the landscape architecture firm should take advantage of every option to come out the winner. 13. Always include a transmittal letter or cover letter that provides an opportunity for a brief recap of the most salient points of the SOQ or proposal. 14. Minimize the use of lengthy statements of philosophy. Most prospective clients are more interested in what the landscape architect’s experience is and what the landscape architect can do to address the client’s needs or problems. 15. Always respond as specifically as possible to the RFI, RFQ, or RFP. Take the time to tailor as much of the firm’s general information, such as project cut sheets and resumes, by adding language specific to the project.

The Interview If the landscape architecture firm is successful in the SOQ or proposal process, the next step is usually an interview. In most cases, the interview is also a competitive process engaged in by the firms selected for the interview shortlist. The interview may also be noncompetitive. If the landscape architecture firm is fortunate to have been selected directly through the RFQ or RFP process, the personal interview is carried out only to confirm the selection committee’s decision. The selected firm enters directly into the negotiation phase with the client. When a direct selection is made, the interview and contract negotiation should be an upbeat process. The landscape architecture firm should do whatever is necessary to meet the administrative requests of the prospective

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client and keep the process on track, resulting in a signed contract. The Competitive Interview

In the RFI, RFQ, and RFP process, a shortlist of firms is arrived at by the client or a selection committee. The shortlisted landscape architecture firms will be invited for a competitive interview, which is the last phase of the selection process and the most stressful for the participating professionals. No matter how well prepared the firm’s proposal is or how qualified the firm and its subconsultants may be, all can be lost if the personal interview is unsuccessful. When the landscape architecture firm is notified that it has been shortlisted, the firm must take this last part of the selection process very seriously. Time will be a limiting factor. There may be only a week or two from the time that the firm is notified of its selection to the shortlist and when it must appear at the interview. During the time that is available, the landscape architecture firm should rehash all of its efforts in the selection process in order to come up with its interview strategy. The following considerations are useful: 1. Touch base with the client’s representative or key contact person and ask further detailed questions about the project based on further information gained by being shortlisted for the interview. 2. Prepare an interview outline and assign personnel to specific speaking parts. Set time allotments for each speaker. Don’t bring participants to the interview if they don’t have a specific role and if they are not speaking. (The one exception to this rule is for training of younger inexperienced staff. Bringing an inexperienced staff person to an interview can sometimes be seen as a positive quality by members of a selection committee.) 3. Discuss the pros and cons of who is best able to represent the firm in the interview. Choose the best speakers whose personalities are most closely aligned with those of the interview committee. Choose knowledgeable staff to participate. Most interview committees prefer to meet the firm’s project manager at the interview.

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Evaluation Criteria for Go/No Go Decision Project Number: Project Name: Submittal Due Date: Estimated Revenue: A 1 2 3 4 5 6

Definite Go-No Go Considerations Based on what you know, is the project “wired” for another firm? IF SO, DO NOT PURSUE. Can the project be completed within the client’s fee, budget and contractual terms? IF NOT, DO NOT PURSUE. Is there a potential conflict of interest if we are awarded the project? IF SO, DO NOT PURSUE. If the selection is based on fee, is there a competitor that can do the project cheaper? IF SO, DO NOT PURSUE. Can we make an in-person visit, if allowed, within 5 days of receiving the RFP/RFQ? IF NOT, DO NOT PURSUE. Do we want to continue to work with this client? IF YES, PURSUE THE PROJECT.

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In addition to the Definite Go-No Go, answer the following questions. If the answer is less than 50% Yes: NO GO If the answer is 50% to 65% Yes: GO/NO GO at the discretion of the principal in charge. If the answer is greater than 65%, GO ALL OUT! B 1 2 3 4 5 6 7 8

CAPABILITY AND CAPACITY Yes No Are most of the requested services within our areas of capability? If necessary, can we engage a subconsultant strong enough to get us the project? Can we assemble the project team, including all subconsultants, within 5 days of the “Go” decision? Does the project manager have sufficient time available to write the technical content for the proposal or SOQ? Do we have at least 2 weeks to prepare a quality proposal? Does the marketing staff have adequate time available to produce a quality proposal? Can adequate staff be committed to the project without compromising other project commitments? Has the firm provided the same or similar services before?

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CLIENT RELATIONS Is this an existing client? If not an existing client, have we met the prospective client before or previously submitted a proposal or SOQ? 3 Will the firm’s past performance have a favorable impact on being selected? 4 Do we know the members of the selection committee and will they have a favorable response to the firm? 5 Does the political climate favor the firm being selected? 6 Was the RFP/RFQ written by an unbiased party? 7 Were we aware of the project prior to the RFP/RFQ? 8 Did we have an opportunity to promote the firm for the proposed project prior to the RFP/RFQ? 9 Is there a strategic value related to being awarded this project? 10 If the firm is selected, is there a good potential for direct selection for other future work? 11 Did we receive a personal invitation to submit from the client?

Figure 8.7. Go/no-go form.

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COMPETITION Do we know our competitors? Can our project team compete favorably against our competitors? Can we win the project without having a local presence? Have we provided the same or more services to the client than our competitors? Is the client unhappy with their existing consultants? Do we have a differentiator in our favor?

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COST AND PROFITABILITY Do we know the client’s fee budget for the project? Have funds been budgeted for the project? Can we perform the services for the available funds and make a profit? Can we recover the proposal or SOQ costs? Will the firm receive at least 50% of the fees from the project?

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Total all Yes answers from B through E and divide by 30:

Figure 8.7. (Continued ).

4. Limit the number of representatives of the firm and its subconsultants who are allowed to attend the interview. Too many people can overwhelm the interview committee. The exception to this rule is when a number of specialized subconsultants are members of the team, and it is important for them to be present to explain unique concepts or answer specialized questions. 5. Visual presentation materials are almost always a good idea. PowerPoint presentations, slide shows, videos, photographs, copies of project cut sheets, illustration boards, computer models, and many other types of visual props are useful in interviews. The type of visual prop will depend on the makeup of the interview committee, the topic itself, the shape and size of the room, the comfort range of the selection committee, and the physical characteristics of the room. (Can it be darkened or not?) Often the most important decision to make about the interview is whether to use a digital slide show or not. 6. Check out the interview room beforehand, if possible. At a minimum, find out the physical characteristics, size, and shape of the room prior to the interview. 7. Rehearse the interview and go through as many dry runs as time permits. Practice makes perfect.

8. Always leave time to answer questions. If the members of the interview committee do not ask questions of the firm, the interview team should have a number of questions prepared in advance to ask the interview committee in order to get them involved in a dialogue. 9. Involve the selection committee in conversation. 10. Always try to differentiate the firm from the other firms during the interview. 11. Usually a “leave behind” is a good idea. A brief written summary of the interview points and why the firm is best suited for the project is an example of a leave behind. A lot of creativity can be used with the leave behind in efforts to separate the firm from its competitors. A leave behind for a public library interview, for instance, could be a neatly designed book mark. A leave behind for a linear park could be a pedometer with the firm’s logo on it. The one exception to the leave behind is not to leave something of significant value because it could be interpreted negatively as a bribe. 12. Always be honest. Don’t be afraid to admit that you don’t know the answer to a question. If you don’t know the answer to a question, offer to find out and get back to the interview committee if that is possible. If asked pointed or uncomfortable questions, always

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answer them honestly. Don’t try to cover up any deficiencies within the project team. 13. Always show enthusiasm. 14. Don’t criticize the competition.

Market Expansion— Entering New Markets There are several ways for a landscape architecture firm to enter a new geographic market. One of the first considerations, however, is whether the landscape architecture firm has a service that is marketable in the new region. Does the firm provide a higher-quality service than landscape architecture firms in the region? Does the firm provide a unique service level not yet offered in the region—landscape restoration and wetlands reconstruction, for example? Does the firm have a management system or production method that allows it to be significantly more competitive than firms existing in the region? Has the firm won widespread acclaim for its planning and design projects, including numerous national, state, and local awards? Does the firm employ a number of ambitious and talented staff looking for opportunities to advance their careers by developing a branch office? These are considerations for assessing whether the firm has opportunities to expand in the new geographic market. Entering a new geographic market will be easier and less costly if the firm has a marketing edge on those firms already practicing landscape architecture in the region. Another important part of the decision to expand into the region is an analysis of the strengths and weaknesses of the existing competition in the region. The capabilities and services provided by each existing firm should be tabulated and a summary of strengths and weaknesses prepared for each firm. This process has a secondary benefit of identifying possible merger or acquisition candidates if the landscape architecture firm is considering this approach to establishing its new office. This process will also be useful in determining the economic size of the existing landscape architecture market. If the landscape architecture firm determines that it has a marketable service and can fill a niche market or capture general market share in the new

geographic region, the firm should assess the revenue potential. The firm should determine the size of the market, as well as what percentage of the existing market the firm will be able to capture. A number of different methods and techniques can be used to assess the revenue potential of the new geographic market. The first decision, however, is whether to hire a professional business marketing analyst to carry out the market assessment or do it in house. The following techniques can be used if the firm decides to do the assessment in house.

Multiplier of Landscape Architecture Salaries One way to assess the size of the landscape architecture market in any region is to identify the number of landscape architects practicing there, multiply by a salary and overhead factor, and convert to a yearly statistic. The number of registered landscape architects practicing in a city or region may be obtained from statistics available from the state board of technical registration, phone books, or the local chapter of ASLA. Internet research can be very useful in determining the number of landscape architects in a given region or city. Another option is to identify the number of registered architects or civil engineers practicing there. As a very general rule of thumb, there are 10 architects and 15 civil engineers practicing in every region for each landscape architect. Thus, if the numbers of these related professions are not available, the firm can estimate the potential number of landscape architects by using the numbers from the allied professionals. Next, the firm can determine the number of unregistered landscape architects by assuming three nonregistrants for each registrant. Assuming that registrants would be in positions such as principals and project managers, and that nonregistrants would be in positions such as draftspersons and designers, an average pay rate can be set for each category. Average pay rates can be determined by using a number of different national publications of annual salary surveys, such as ASLA’s National Salary and Business Indicators Surveys (ASLA 2008) or by using the firm’s current pay rate categories. Last, an overhead and profit multiplier, such as 175 percent of the pay rate, should be established.

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To determine the size of the market, multiply the number of landscape architects in each category by the pay rates per hour, add the overhead and profit amount, and multiply by 2,080 hours per year to arrive at the annual amount. Totaling the amount will result in an approximation of the economic market size: 50 Registrants × ($60/hour + $105/hour overhead) × 2080 = $17,160,000 150 Nonregistrants × ($30/hour + $52.50/hour overhead) × 2080 = $25,740,000 Total market = $42,900,000 The total market figure should be adjusted down because every hour of the yearly work week will not be available for producing revenue because of time spent in job development, overhead activities, vacations, and sick leave. Eighty percent of registrants’ time and 90 percent of nonregistrants’ time would be a more likely scenario of time available for producing revenue, resulting in an adjusted total market of $36,894,000. The total market figure may be adjusted up or down based on the national or regional economy or other factors deemed relevant. If the local market has a higher than average number of practicing architects and engineers, the total market potential may be reduced because these professionals are likely to control a part of the market that would otherwise be available to landscape architecture firms. Economic adjustments are somewhat arbitrary, but it may be better to err on the conservative side. In the preceding example, the landscape architecture firm might apply a 20 percent reduction, for example, because a large number of allied professionals working in the expansion market, resulting in an adjusted total market of $29,515,200 for the expansion market.

Public Records Method Virtually all cities, counties, and states make forecasts and projected budgets for public spending. These projections are often made up to five years in advance. Thus, the city or county parks and recreation department will have a five-year projection of park development, typically capital improvement

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projects, that will require planning and design efforts. The city or county transportation department will have a five-year budget projection of new roads and public works spending. Sometimes the projections will include categories for landscape architecture and environmental assessment associated with the transportation and public works improvements. Other times only total line item amounts will be available for the transportation and public works improvements. If only the total is available, a percentage of the cost, such as 5 percent, can be assumed for the landscape architectural work. By researching the public records and budget projections, the landscape architecture firm can identify a total of public funds that will be spent in construction of public projects in the landscape architecture market. The total can be multiplied by a percentage such as 8 percent or 10 percent to determine the magnitude of fees (the market) that may be available (see Table 8-1). At an 8percent fee level, the public sector market would be $19.2 million. As a broad general rule of thumb, the public works market can be estimated to be 50 percent of the private-sector landscape architecture market under normal economic conditions. Thus, in the first year shown in Table 8-1, the landscape architecture firm can assume a total market of up to $38.4 million if 8 percent is used as the public-fee percentage likely and 50 percent is used as the public/private market split. Further adjustment can be based on local conditions or economic trends. If the targeted expansion area is experiencing a boom in industrial growth and housing, the private-sector market may be estimated as much as twice as large as the public-sector market, for example, resulting in an estimated total market of $57.76 million in fees using the numbers in Table 8-1.

Local or Regional Statistics on Niche Markets There are many sources of information about niche markets. Housing is a good example. Local chapters of the National Association of Home Builders (NAHB) produce statistics on the number of houses built by category, such as single-family

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Table 8-1. Estimating Landscape Architecture Market by Using Public Spending Forecasts Landscape Architecture Market—Estimate in $Millions Public Agency 1 2 3 4 5

County Transportation Department City Engineering Department City Housing Authority County Parks & Recreation Department City Parks & Recreation Department Total: Landscape Architecture Fees at 8%: Landscape Architecture Fees at 10%:

and multifamily. The landscape architecture firm can assess the size of the housing market by using the statistics available on housing starts and information from the firm’s own archives. Let’s assume that housing information for the target city or region indicates that 5,000 new homes will be constructed annually. This number can be multiplied by an average price per home of $200,000, for example, to arrive at the total housing market of $1 billion. The actual average price per home is another statistic that is available from local and national sources. By studying the records of the firm’s current housing market, the percentage of the market that utilizes the services of a landscape architecture firm can be determined. Let’s say that the firm estimates that 50 percent of the housing projects in the firm’s current market will require the services of a landscape architect for environmental assessment, site planning and landscape design. The expansion market can be expected to represent a similar percentage of landscape architecture services, or fees on $500,000,000 in construction. Of the total market, the landscape architecture firm estimates that 10 percent of the housing costs, or $50 million, will be spent annually for environmental assessment, site planning, and landscape design fees. Making an estimate of the market potential is an important element of deciding whether to expand into a new geographic area. The process should be carried out in the most defensible manner possible. Having a reasonably good estimate of the market potential is much better than blindly entering a market.

Year 1

Year 2

Year 3

Year 4

60.0 8.0 20.0 80.0 72.0

62.0 9.2 26.0 88.0 76.0

63.2 10.0 28.0 100.0 60.0

64.0 10.8 30.0 112.0 60.0

240.0 19.2 24.0

261.2 20.9 26.1

261.2 20.9 26.1

276.8 22.1 27.7

How to Get Established in the New Market If the landscape architecture firm determines that it has a marketable service, has evaluated the revenue potential of the market, and has decided that it is feasible to capture enough market share so that future profits will pay back expansion costs, the firm must decide how it will establish its presence in the new geographic market and how it will compete with the existing firms in the market. There are five basic ways to establish the firm’s presence in the new geographic market and open an office: 1. Merger with or acquisition of an existing firm 2. Hiring away a principal or key person from another firm in the existing market or bringing in a key manager of a public agency 3. Relocating a principal or key staff person from the firm to the new market 4. Shuttling a principal or key staff person to the new market 5. Associating with a local firm to secure a large project With the advent of the Internet and the digital office, starting a new satellite office in a new market area has become operationally easier. The new office can be tied into a central office digital management system and computer network server.

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Merger/Acquisition

Hiring Away

Often a firm in the expansion market can benefit as much by a merger as the landscape architecture firm desiring to enter the new market. The greatest difficulty with this method of expansion is finding a candidate that is interested in merging and is compatible with the parent landscape architecture firm. Mergers and acquisitions are time-consuming if a willing partner is not readily found. Even if a willing partner is found, a merger or acquisition can take a year or more to work through and complete. Mergers and acquisitions are not always successful. They require a considerable investment of management time. Regardless, merger and acquisition should always be considered as a means of expansion in the new geographic area. A firm wishing to acquire another firm for market expansion ought to engage the services of business brokerage offices, tax specialists, accountants, management consultants, and attorneys. In today’s world, it is almost impossible to execute an acquisition or merger without the help of specialized outside consultants. There are many steps to a successful merger or acquisition including, but certainly not limited to, the following:

One way to speed up the expansion process and the local learning curve is by hiring away a locally successful principal or key staff person from another firm or a key public agency employee to serve as the principal in charge of the expansion office. The main downside is training the principal in the policies, practices, and corporate culture of the landscape architecture firm. One other problem that can occasionally occur is that the new principal can use the opportunity to establish a private practice and then jump ship after the office is established. In most cases, the new principal in charge of the expansion office will excel if empowered to develop the local market drawing on the expertise and marketing capability of the parent firm. The landscape architecture office looking to hire away a professional from another firm would do well to consider using a professional recruiter, or head hunter. When looking to hire away the talent for the new expansion office, the landscape architecture firm should look not only toward the private sector but also at public employees who may be looking to move into the private market. Hiring an employee of the local parks department, for example, can provide opportunities to obtain park work through the knowledge and contacts of the new hire.

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Locating a possible merger partner or firm to acquire Preparing the landscape architecture firm and the target for the merger or acquisition Participating in the first meeting Developing a confidentiality agreement Coming up with a value of the target firm Identifying the tax aspects and ownership transition of the merger or acquisition Identifying the funding aspects of the merger or acquisition Preparing a letter of intent to purchase or a merger approach Carrying out due diligence Developing the purchase or merger documents and structuring the deal Closing the merger or acquisition Integration planning and culture merging Postclosing management of the process, including human resource aspects, management structure, communications, profit sharing procedures, retirement program, marketing efforts, combining promotional materials (ZweigWhite 2007)

Relocating a Principal or Key Staff Person

Developing an expansion office may be a timely opportunity for professional development and personal growth for one of the principals in the landscape architecture office or an ambitious associate or project manager. Starting a new office anywhere is a challenge that may provide a career opportunity for someone from the parent office. This is a good way to challenge and retain valuable staff if there is nowhere for them to move upward in the parent office. This can be a valuable professional development opportunity for junior staff keen on upward career mobility. Shuttling to the Expansion Location

Many firms have successfully used the approach of shuttling a principal to the expansion office to reduce some of the overhead costs associated with expanding in a new location. This approach can work well when the expansion office is located within a

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reasonable driving distance of the parent office. A Boston office with Worcester expansion, an Omaha office with Lincoln expansion, a Phoenix office with Tucson expansion, a San Diego office with Los Angeles expansion are examples of locations where shuttling for expansion could make sense. A principal would be assigned the job of shuttling back and forth between the main office and the expansion office, staying perhaps two or three days a week in the expansion location to carry out joband client-development tasks. Firms often use an executive suite type of office with a secretarial pool and an answering service in the expansion location, reducing the overhead costs until enough jobs have been developed to allow a fully staffed, permanent office location. This method of geographic expansion is economical and allows the landscape architecture firm to cut its losses and exit from the expansion attempt if it does not appear to be a profitable venture. Associating with a Local Firm

Another way that some firms have initiated expansion into a new geographic area is by associating with a local firm to obtain one or more large contracts. This method usually works well when the landscape architecture firm has expertise or resources that can be instrumental for a smaller local firm to secure the large project. If there is to be a steady stream of similar projects, the landscape architecture firm can use the first project as a steppingstone to obtaining further work and ultimately to establishing the expansion office. This method can often result in an opportunity for a merger or acquisition opportunity with the smaller local firm. Having developed work in the expansion location will also expedite expansion by the other means discussed such as shuttling a principal back and forth.

The Marketing Staff The size and makeup of the landscape architecture firm’s marketing staff depends on the size of the firm, its financial resources and the marketing attitude of the principals and owners of the firm, or how accepting they are of the need for a proactive marketing program. In one sense, the marketing staff is the entire firm, all of the staff, no mat-

ter how large or small the firm, are marketers in one way or another. Making all of the firm’s staff sensitive to marketing and market opportunities is goal number one of the firm’s lead marketing personnel. Notwithstanding the fact that all of the firm’s staff play a role in marketing the firm’s services, job development, and client maintenance, the greater the number of the firm’s staff that are able to take on sole and specific functions of marketing, the more effective and successful the firm’s marketing endeavors are likely to be. Most small firms cannot afford to delegate full-time staff responsibility or hire full-time marketing staff until the firm has reached a considerable size and revenues are large enough to support the overhead of full-time marketing efforts. Typically, a firm needs to have 15 to 20 employees and have annual revenue of approximately $2–3 million before it can begin to think about full-time marketing staff. Until a full-time marketing staff person is hired, marketing functions are typically handled by one or more principals working with assistance from the firm’s planning and design staff and its secretarial staff. The principals are responsible for contacts; following up on leads; responding to RFIs, RFQs, and RFPs; and leading the firm in its interviews. Secretarial staff, aided by computer resources and page layout software, are indispensable in the production of proposals. The downside is taking principals away from revenue production. If the economy (the external economic environment) is expanding or is particularly conducive to landscape architecture work, the firm will most likely be on a growth path and will eventually need full-time marketing staff. Often the first marketing staff person who is hired has capabilities in preparing and producing proposals, digital slide programs, project cut sheets, re´ sume´ s, and other information that goes into the RFI, RFQ, and RFP process—a marketing production coordinator. This administrative person also would develop good relations with other firms for teaming options. The marketer would search Web sites for RFI, RFQ, and RFP opportunities. The marketer also would work with other administrative staff, the firm’s principals, and project managers in developing approaches to RFIs, RFQs, and RFPs. The marketer would develop trade show exhibits and work on all sorts of publicity for the firm.

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I. General Description: The Marketing and Proposal Production Coordinator serves an important role for ACE Landscape Architects by developing and producing proposals. The coordinator will identify, track and process RFPs and RFQs. The coordinator will be a supporter of the firm’s principals and lead staff as they pursue clients and projects. II. Education, experience and job requirements: A. College degree B. Excellent writing skills C. Computer software, minimum requirements: Microsoft Word, Excel, Outlook; Adobe Acrobat, illustrator, InDesign, Flash, Photoshop, and Dreamweaver; Filemaker D. Photography skills E. Ability to establish and maintain relationships with staff and the firm’s clients F. Prior experience in marketing, public relations and proposal preparation for and AE firm G. Exceptional customer service, communication, organization and time management skills III. Occupational Classification: Marketing and Proposal Production Coordinator IV. Organizational relationships: A. Reports to Principal in Charge of Marketing B. Supervises: None C. Coordinated with: 1. Principals of the firm 2. Project managers 3. Design and productions staff 4. Secretarial and administrative staff 5. IT administrator V. Primary Duties: Produces marketing materials, advertizing materials, statements of qualifications and proposals. Implements the firm’s public relations program. Updates the firm’s web site content and works with the firm’s IT administrator and outside consultants to present the best possible web presence for Ace Landscape Architects. Manages digital photo archives and arranges for completed projects to be photographed. Regularly updates the firm’s marketing materials, project cut sheets. Manages the marketing data base and client contact information. Publishes an on-line newsletter and emails to the firm’s staff, the firm’s marketing and client-maintenance data base. VI. Specific Job Tasks: A. Collaborate with principals, project managers and staff to produce proposals and SOQs 1. Design and produce the proposals and SOQs 2. Assist technical staff in gathering data needed for proposals and SOQs 3. Meet schedules for proposal and SOQ due dates B. Update existing marketing materials and develop new marketing materials such as project cut sheets, resumes, and lists of the firm’s experience C. Develop and carry out a public relations program that includes 1. Design and produce an annual calendar that serves as a marketing tool and is mailed to the firm’s clients and agency staff that the firm’s landscape architects regularly coordinate with 2. Update the firm’s brochure every two years 3. Identify national, regional and local awards programs and submit at least one national, 3 regional and 3 local awards annually 4. Write news releases about the firm’s successes and arrange publishing in various media outlets D. Manage the content of the firm’s web site and weekly review the site to determine if any part of the site needs updating E. Manage the firm’s participation in 4 trade shows annually including tracking the registration and dates of each show, developing the booth exhibit, transporting all materials to the tradeshow and being present at the show. VII. Measurement of performance: A. Timely and accurate submittal of proposals and SOQs B. Exceptional graphic design and communication of the firm’s marketing materials and web site C. Expanding the firm’s public relations, marketing and advertizing program D. Harmony and corporation with co-workers Figure 8-8. Job description for a marketing and proposal production coordinator.

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Hiring a full-time marketing coordinator may also coincide with one of the firm’s principals devoting full time or nearly full time to marketing. When this point is reached, the landscape architecture firm must be able to set an overhead rate high and also generate overhead revenue large enough to cover salaries for the dedicated marketing staff. If the firm continues to grow, it might add a proposal production assistant; a second and third principal might devote more time solely to marketing, job development, and client maintenance. At some point, the firm might consider a full-time marketing person at the principal level. Marketing support staff may be hired to manage digital photo archives and the production of marketing materials. Another option is hiring outside consulting firms to carry out some of the marketing functions, such as producing marketing materials. The largest landscape architecture firms, which have multiple offices in several states and foreign countries, will not only have marketing staff in each individual office but also have a corporate marketing department working out of the headquarters office. They will develop the corporate image. The corporate marketing staff will study market trends and develop marketing strategies to tap the trends. They will meet with the top management of the firm and see that the firm’s marketing direction is in line with firm’s corporate goals. They will assist local offices with different marketing problems and in developing important clients. They will also develop cross-office marketing tools and make each office aware of the human resources available in the other offices. They may develop the firm’s most high-profile marketing materials, such as a corporate brochure, video, or book describing the history and achievements of the firm.

REFERENCES American Society of Landscape Architects (ASLA). 2008. 2008 ASLA National Salary and Business Indicators Surveys (available online and in a printed version). ASLA online bookstore available at www.asla.org. Birnberg & Associates/The Profit Center. 1985. Small Design Firm Marketing Manual. Chicago: Charles Grant Pederson.

Koder, Philip. 1988. Marketing Management: Analysis, Planning, Implementation, and Control. 6th ed. Englewood Cliffs, NJ: Prentice Hall. Wikipedia, s.v. “Social Network Services,” http://en. wikipedia.org/wiki/Social network service (accessed January 10, 2010). ZweigWhite. A/E Mergers & Acquisitions Cookbook. 2007. Available at www.zweigwhite.com.

Web Sites In addition to the Web sites cited in the text, the following sites contain additional information about the material discussed in this chapter: ■ ■

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Adobe, Inc., www.adobe.com American Institute of Architects (AIA), www.aia.org, including “History of Federal Design Procurement,” “How the Federal Government Selects A/E Firms,” “The QBS Process,” “Getting Started: Vendor Registration,” and “Searching for Job Opportunities” Coffeecup Software Inc., www.coffeecup .com www.FedBizOpps.gov (accessed August 30, 2009). U.S. General Services Administration forms library, www.gsa.gov/forms Microsoft, www.microsoft.com

STUDY QUESTIONS AND ASSIGNMENTS 1. Interview principals of landscape architecture firms in your area to find out how they obtain clients and contracts. Do they have a marketing plan? Do they follow it? What methods does the firm use to differentiate itself from other firms? What role does quality of services and completed design projects play in the marketing of the firm’s professional services? Identify what the principals believe are the keys to marketing and obtaining clients and contracts. Discuss your findings in a paper. 2. Using this chapter and other references, write a paper that illustrates your understanding of the keys to successful marketing for a landscape architecture firm.

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Marketing

3. Divide your class into three- to five-person teams. Each team is to function as a design office. Develop a strategic plan for your office. 4. Divide your class into three- to five-person teams. Each team is to function as a design office. Develop a marketing plan for your office. 5. Divide your class into three- to five-person teams. Each team is to function as a design office. Using projects you have completed in design studios or elsewhere, develop a series of project cut sheets for your work. 6. Develop an outline and techniques that you would use to make cold calls to prospective clients. Practice making cold calls to your classmates or to actual prospective clients so that you can fine-tune the outline and techniques. 7. Each member of the class should find a publicspeaking opportunity in your community and carry out the speaking engagement. Hold a feedback session when all members of the class have completed the speaking engagement. 8. Design a trade-show or conference booth for presenting the work of a landscape architecture firm. Present your design graphically. Build a computer model of the booth for a 10 feet by 20 feet space. As part of the process, research booth design and exhibit products on the Internet. 9. Develop a digital photo and video archive system for the work you have completed in school

409 or in your practice of landscape architecture design.

10. Find an RFP advertising the need for professional landscape architecture service in your community. Obtain the RFP. Divide your class into three- to five-person teams. Each team is to function as a design office. Each team is to develop a proposal in response to the specific guidelines of the RFP. Take the process to the point where each of the teams in the class is hypothetically shortlisted and prepare for an interview. Hold a mock interview. Use a digital slide show for the presentation. 11. Using this chapter and other references, such as the ASLA National Salary and Business Indicators Surveys, try to determine the dollar size of the landscape architecture market in your city or region. 12. Go to www.FedBizOpps.gov and work through finding leads for a landscape architecture office. 13. Write a mission statement for a landscape architecture firm that you would like to start. Express your philosophy of landscape architecture and the role you would like the firm to play in terms of sustainability and “green” development. 14. Develop a Web site for your landscape architecture college work. Tailor the Web site to future prospective employers so you can refer future employers to your Web site.

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9

Contracts

riting a contract for professional services is one of the most important business skills a landscape architect must acquire. A contract is the foundation for providing professional services to a client. It is the legal document that sets forth the obligations of each party to the contract. It specifies the duties and responsibilities of the entities that sign the contract and should leave as little as possible open to interpretation. Landscape architects enter into contractual agreements with at least four entities: clients, allied professionals, credit agencies, and employees. The contract formats are different for each entity. The landscape architect also has a different type of contractual relationship with the owner of a project that will be constructed or implemented based on the professional’s instruments of service. The landscape architect has an agency relationship and serves as the owner’s agent. When the landscape architect enters into an agreement with a client, the professional should be cautious about entering into a professional services agreement without a written contract. Although landscape architects use oral agreements, the precise terms of an oral agreement are difficult to prove in the event of a contract dispute. Both written and oral contracts are binding, but written contracts that are explicit and thorough are far superior to oral contracts. The landscape architect also enters into contracts with allied professionals, such as an architect

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or engineer, where the landscape architect serves as a prime consultant and the allied professional serves as a subconsultant, or where the landscape architect serves as a subconsultant. Again, a written contract is preferable. The agreement between the landscape architect and the subconsultant is frequently tied to the agreement between the landscape architect and the client. The terms that bind the landscape architect to the client are typically incorporated into the agreement between the landscape architect and the subconsultant. The landscape architect enters into contracts with creditors, including vendors such as Internet service providers, long-distance phone service providers, office-cleaning services, computer technicians, and others that carry out business transactions with the landscape architect under specified payment terms. Banks or lending institutions also use contracts to bind the terms by which they will provide financing to the landscape architect. These lenders use tightly written contracts that tie security interests to accounts receivable, real property, real estate, or another form of collateral. When it comes to vendor or lender contracts, the landscape architect’s ability to negotiate and understand the terms is an acquired skill. This chapter will discuss some of the elements of negotiating a contract that is favorable to both parties. The landscape architect should always seek legal assistance, however, if the terms of a contract with a vendor or a lender are

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difficult to understand or negotiate in a successful manner. The last type of contract that will be discussed is the landscape architecture firm’s agreement with its employees. Most firms today use an employment agreement that spells out the terms of employment and gives the firm the right to discharge the employee with or without cause. Most of this chapter will focus on the development of the contract for professional services, covering the key terminology and the main elements of a contract, as well as the proposal process, the cornerstone of forming a contract for professional services. A section of this chapter also covers the important elements, or clauses, of a contract that are favorable to the professional, and another section covers the skills and attitudes helpful in negotiating a contract.

Contract Basics Contracts can be extensively worded, often mindboggling documents of legalese language that can take a great deal of time to boil down to the essence of what is being contracted. Real estate purchase contracts, for example, tend to be extremely long tomes of legal gibberish. For most contracts, however, legalese is neither essential nor is it useful for the parties to the contract to get off on the right foot. The best agreements are best expressed in everyday English. In the simplest format, contracts need to contain only two elements to be legally valid: 1. After an offer is made by one party and accepted by another, the parties must be in agreement, which is signified by both parties signing the agreement. 2. Something of value must be exchanged. In the case of the landscape architecture office, this involves the exchange of professional services for a fee paid by the client. (NOLO 2009) That said, it is highly recommended that all standard contracts for professional services devel-

oped by the firm’s principals be reviewed by the firm’s attorney.

Contract Terminology For contracts written by professional service firms, usually the following terms make up the written contract: Enforceable Contract. For a contract to be enforceable, where the parties have the legal obligation to perform the duties specified by the contract, it must have the elements required to bind the parties. The elements of an enforceable contract include 1. 2. 3. 4. 5.

Voluntary agreement Consideration Lawfulness Legally competent parties Enforceable form

Voluntary Agreement. When the landscape architect makes an offer to provide specific professional services, the contract contains half of the first enforceable element. When the client accepts the offer for professional services, the second half of the first enforceable element occurs. Agreement exists when an offer is voluntarily made and accepted. The description of the scope of professional services to be provided by the landscape architect, including all of the qualifying clauses of the agreement, spells out the terms of the agreement that will be executed for consideration. Consideration. When the landscape architect promises to prepare construction documents and the owner promises to pay the landscape architect, consideration is consummated in the agreement. Consideration is the pledge to exchange something of value in order to bind the contract. Lawfulness. A contract between a landscape architect and a client should be for a lawful purpose. One should not enter into a contract for illegal activities because the contract would not be enforceable in a court of law. The lawfulness of contracts is more important than one would think due to professional licensure laws. An unlicensed professional, for

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example, must be careful not to break the law by offering landscape architecture services if the licensure law in his or her state is a practice law requiring that only a registered landscape architect may legally provide landscape architecture services. Legally Competent Parties. A contract must be signed by legally competent parties. If the landscape architect and the client are representing business entities, such as corporations, each person that signs the contract must have the authority to make legal commitments for his or her company. When in doubt about the authority of a client’s representative, the landscape architect can request that the contract be signed by a corporate officer or suggest to the client’s representative that the corporate seal be affixed to the contract and signed by an officer. Another way to handle this issue of competency is to suggest that the client include a written clause in the contract indicating that the person who signs the contract has the legal authority to act on behalf of the corporation. Legally competent parties are needed to sign contracts not only for private-sector work but also for public-sector projects. Enforceable Form. The landscape architect must ensure that the contract will remain in force in the event that some part of the contract violates the law. The entire contract may be judged unenforceable or void if only one of its clauses is found to be unlawful. Contracts should include a severability and survival clause in order to avoid nullifying the entire contract if a small part of it is found to be invalid and to ensure that some of the contract’s provisions, such as a limit-of-liability clause and terms covering dispute resolution, will continue in force after the landscape architect has completed the scope of services and has been paid. The following is an example of a severability and survival clause:

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In the event that any term or terms of this contract are found to be unlawful, all other provisions of this contract shall remain in full force and effect. The following Articles of the contract shall survive the termination of the scope of services and shall continue to be enforceable

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between the parties to the maximum legal extent (Dixon and Crowell 1993).

Both the landscape architect and the client may wish to have contract provisions providing for the severability and survivability of certain elements of the contract. Unenforceable Contract. A clause, a provision, or some element of the execution of the contract that is illegal may cause the contract to become impossible to enforce. For example, a contract with a public-sector client for a project that was approved, but for which no funding was authorized, is likely to be an unenforceable contract. A contract may also be unenforceable because it has become invalid under the provisions of the statute of limitations. Void Contract. When one of the elements required to bind a contract (agreement, consideration, lawfulness, legally competent parties, enforceable form) is missing, the contract may be considered void. When a contract is voidable, either the landscape architect or the client has the legal right to terminate the contract. An example of when a landscape architect would consider voiding a contract is if the client used fraud as an enticement for the professional to sign a contract (Dixon and Crowell 1993). Arbitration. The legal method of settling contract disputes by agreeing in advance in the contract to accept the decision of an impartial person (an arbiter) based on evidence and argument presented by the parties to the contract is the process of arbitration (Wehringer 1969). Mediation. Settling a contract dispute by facilitated negotiation is the process of mediation (Kovach 1994). Litigation. The process of settling a contract dispute through legal proceedings and a lawsuit is called litigation. In litigation, one or both of the parties feel the other is 100 percent responsible for the contract dispute, and neither is willing to assume any responsibility. An adversarial situation usually exists. Breach of Contract. A contract is said to have been breached if one of the parties to the contract reneges on performing the terms of the contract. The injured party may seek relief and damages from the party that breached the contract.

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Contracts with Clients—Professional Services Contract Formats There are three formats most often used by landscape architects for the professional services contract: 1. Professional association standard contracts 2. Landscape architect-developed contracts 3. Client-developed contracts

Professional Association Standard Contracts—AIA Sometimes landscape architects use a standard contract developed by professional associations. One association standard contract often used is published by the American Institute of Architects (AIA). The document is covered by copyright laws, which protect unauthorized use and photocopying of the document. The landscape architect can find out more about using AIA standard contracts and contract forms from the local AIA chapter or from the American Institute of Architects, 1735 New York Avenue, NW, Washington, DC 20006 and online at www.aia.org. The AIA publishes more than 100 contracts and administrative forms that are recognized throughout the design and construction industry as the benchmark documents for managing transactions and relationships involved in construction projects. The AIA’s prominence in the field is based on over a century of experience creating and updating its documents. The history of AIA Contract Documents dates to 1888 when the AIA first published the Uniform Contract for use between an owner and a contractor. In 1911, the AIA published its first standardized general conditions for construction. In 2007, the AIA updated many of its standard contract documents. The 2007 edition of AIA Family of Documents A201TM is the sixteenth edition of the general conditions (AIA 2009b). The association standard contracts provide blank areas to fill in the elements specific to the firm, the client, and the project. The contracts also include general-purpose articles, terms, and con-

ditions that have been developed to cover the work that typifies a design and construction contract. The user should review the general articles, terms, and conditions and adapt or strengthen them to suit the needs of each specific project. The 2007 edition of the AIA standard ownerarchitect agreement divides the text into two parts: The agreement section and the services section. The 2007 AIA documents are designed around a family of related contract documents. The B101-2007 document, Standard Agreement Between Owner and Architect, is the central document for the family of related documents. The B101 contract is the basis for coupling three other 2007 agreements: B103TM -2007 B104TM -2007 B105TM -2007

Standard Form of Agreement Between Owner and Architect for a Large or Complex Project Standard Form of Agreement Between Owner and Architect for a Project of Limited Scope Standard Form of Agreement Between Owner and Architect for a Residential or Small Commercial Project

The A201 family of AIA standard contracts also includes documents for creating agreements between the owner and the contractor as well as a wide range of forms and documents to use during bidding, construction and close out. The 2007 edition of the AIA Standard Agreement between Owner and Architect includes the following table of articles: ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■

ARTICLE 1—INITIAL INFORMATION This part of the contract document sets out the initial information such as site conditions, owner’s development program, other consultants used by the owner or the architect, owner’s budget and authorized representatives. ARTICLE 2—ARCHITECT’S RESPONSIBILITIES This section refers to the standard of care for the performance of the professional

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services. The section also contains information on the types of insurance that will be provided by the architect. ARTICLE 3—SCOPE OF ARCHITECT’S BASIC SERVICES Article 3 lays out a standard scope of services for a construction type project. The scope includes schematic design, design development, construction documents, bidding or negotiation, and construction phases of a construction type project. ARTICLE 4—ADDITIONAL SERVICES This section spells out the types of additional services that may be required, who is responsible for them, and how they will be compensated. ARTICLE 5—OWNER’S RESPONSIBILITIES This part of the agreement spells out what the architect expects from the owner, including a written program, a budget, a site survey, geotechnical engineering, and the names of people authorized to act on behalf of the owner. The section also deals with communication and notification. ARTICLE 6—COST OF THE WORK Article 6 deals with the owner’s budget, the architect’s estimates of probable construction costs, and how to deal with discrepancies between them. ARTICLE 7—COPYRIGHTS AND LICENSES This section establishes that copyright ownership of the instruments of services (the plans, specifications and other related contract documents) lies with the architect. It also sets down the rights of the owner to use the instruments of services only for the specific project governed by the agreement.

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ARTICLE 8—CLAIMS AND DISPUTES Article 8 spells out the methods of dispute resolution and identifies mediation as the first method used to resolve problems. If mediation doesn’t work, the standard agreement identifies other legal options for resolving the conflict, including arbitration, litigation, and other methods. ARTICLE 9—TERMINATION OR SUSPENSION This section identifies that the architect can suspend work if the owner doesn’t make payments for services rendered. Termination of the project and termination expenses are covered. ARTICLE 10—MISCELLANEOUS PROVISIONS Article 10 defines the location for legal action and spells out such rights as the architect’s privilege to use photographic and graphic representations of the project. ARTICLE 11—COMPENSATION This section of the standard agreement spells out the compensation and payment schedule. It also covers compensation for reimbursable expenses. ARTICLE 12—SPECIAL TERMS AND CONDITIONS If there are any modifications to the standard AIA document, they are spelled out here. ARTICLE 13—SCOPE OF THE AGREEMENT The last section says that the agreement is the “entire and integrated” agreement between the owner and the architect. It also identifies any attachments to the agreement. Lastly, it includes the signature lines for the parties to the agreement. (AIA 2009a)

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AIA standard contract documents and forms are available at www.aia.org. Software and standards for licenses can be purchased for using the contracts and forms digitally. The forms are also available in paper format from about 75 local distributors. The list of local outlets can also be found easily online.

Professional Association Standard Contracts—ASLA In the year 2000, the American Society of Landscape Architects (ASLA) introduced an online standard contract for landscape architecture professionals. In 2009, the ASLA offers a standard contracts package that contains: ■ ■

Two standard contract forms Brief guidelines describing the contracts’ basic provisions and the attendant risks of particular clauses.

The contracts are tailored for landscape architecture professionals and the clients they serve. The two contracts and corresponding guidelines are sold as an electronic package and licensed annually on a graduated fee scale, based on the size of the firm. The electronic package is available from www.asla.org.

Landscape Architect-Developed Contracts All landscape architecture firms, in one way or another, develop their own form of agreement to be used as a professional services contract with a client. The most common format is probably a letter agreement accompanied by a list of standard terms and conditions. The tedium of customizing a standard letter contract format to meet the needs of each individual project has been made easy and quick by using word-processing and spreadsheet software. Figure 9-1 is an example of a letter agreement format. Figure 9-2 is an example of a scope of services, hours projection and derivation of fee written as an attachment to the letter agreement. The letter agreement package that is sent to the prospective client will also include as another attachment the firm’s standard terms and conditions that deal with the business and legal

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aspects of the contract. In the letter agreement illustrated in Figure 9-1, notice that both Attachment “A” and General Terms and Conditions are mentioned as attachments. See page 429 for an example of general terms and conditions. The landscape architect-developed contract format usually evolves over a number of years. As the professionals in the design firm come across different contract forms received from other professionals, for example, or that are generated by their clients, the landscape architects amend their own standard contract form with new or improved clauses. The firm’s professional liability insurance company will be very helpful, providing a wide range of standard clauses aimed at risk reduction. A landscape architecture firm should have an attorney review the firm’s standard contract form both when the contract form is initially created and periodically throughout the firm’s life. Keeping the firm’s standard contract form legally current and ensuring that it contains adequate language to protect the interests of the firm’s landscape architects is an important business practice.

Client-Developed Contracts When a landscape architecture firm is asked to sign a contract developed by a client, the need for careful review is even more important and the firm’s attorney should review any parts of the contract unclear to the landscape architect. Client-developed contracts, particularly contracts used by public-sector and large corporate clients, are usually written to favor the client. The most disagreeable provision found in client-developed contracts is the hold-harmless clause, where often the intent is to transfer to the landscape architect all of the exposure and liability for any and all claims related to the project. The landscape architect is asked to indemnify the client and assume the client’s legal liability in the event of a claim or a lawsuit. The validity of hold-harmless language in contracts varies from state to state, but some states vigorously support and uphold the indemnification clauses used by governmental jurisdictions. Local and state governments rely upon indemnification as a form of legal defense in the event of a lawsuit related to a landscape architecture project.

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Figure 9-1. Example of a letter agreement.

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Figure 9-2. The scope of services, hours estimate, and derivation of fee (Attachment A to the letter agreement, Figure 9-1).

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Cities and other government bodies may ask the landscape architect to accept unlimited liability in the contract for professional services. The holdharmless clause could even ask the landscape architect to defend the city, too, covering all of the legal costs for defense before there is proof that the firm even has liability for negligence. Cities may insist that the landscape architect sign a contract with the hold-harmless clause or the city will not award the contract to the firm. The best approach for countering the holdharmless provision in a client-developed contract is to request firmly that the client delete the clause from the contract. The landscape architect can explain that he or she is already obligated by law to perform professional services with the standard of care practiced by other landscape architects, and that both professional licensure and tort law also require the landscape architect to practice in a nonnegligent manner. If persuasion is not effective in having the holdharmless clause removed, the landscape architect can attempt to change the wording of the clause so that both the landscape architect and the client indemnify each other for their own negligent acts. The approach here is to make the client responsible for the client’s negligence and the landscape architect responsible for the landscape architect’s negligence. The following paragraphs are a model for the equitable sharing of liability between the landscape architect and the client: ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■

The Design Professional agrees, to the fullest extent permitted by law, to indemnify and hold harmless from any damage, liability or cost (including reasonable attorneys’ fees and costs of defense) to the extent caused by the Design Professional’s negligent acts, errors or omissions in the performance of professional services under this agreement and those of his or her subconsultants or anyone for whom the Design Professional is legally liable. The Client agrees, to the fullest extent permitted by law, to indemnify and hold the Design Professional harmless from any damage, liability or cost (including reasonable attorneys’ fees and costs of defense) to the extent caused by the Client’s negligent acts, errors or omissions in

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the performance of professional services under this agreement and those of his or her contractors, subcontractors or consultants or anyone for whom the Client is legally liable, and arising from the project that is the subject of this Agreement. The Design Professional is not obligated to indemnify the Client in any manner whatsoever for the Client’s own negligence (Dixon and Crowell 1993, 161).

Proposals—The Process of Forming a Contract The contract for professional services is a direct evolution of the proposal, usually in response to a request for proposals. In most cases, the client develops the general scope of the project as a statement of the client’s needs. The client is just as likely to also develop the proposal format. In other cases, the scope of the project is mutually developed by the landscape architect and the client. When the landscape architect develops the scope, he or she first meets with the client to discuss the client’s aims at length, then attempts to translate the client’s goals and objectives into a precise description of the needs and a scope of services. Most public-sector clients, such as city or state agencies, have well-developed proposal formats that the landscape architect must follow explicitly as a requirement of pursuing the design commission. Public-sector clients often establish the fee, too, which may or may not be commensurate with the client’s aims. The scope of work, the scope of services, and the fee are spelled out generally in the client’s request for proposals (RFP) and the landscape architect is asked to elaborate on them. The landscape architect’s elaboration of the scope and the fee proposal is the beginning of the contracting process regardless of which contract format is used. A specific and well-thought-out proposal is necessary for engaging the contract process. The proposal is the first element that is negotiated with the client, and the landscape architect and the client must first agree that the scope of work and scope of services are appropriate for the project and can be adequately completed for the client’s proposed fee.

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Upon agreement, the remainder of the terms and conditions of the contract for professional services will be negotiated. A specific and well-thought-out proposal is the cornerstone of the agreement. The client’s aim may be to keep the scope to a minimum—hoping, of course, to keep the fee to the lowest possible amount commensurate with the proposed scope of services. The landscape architect, on the other hand, has a professional obligation to identify and call to the attention of the client the full gamut of professional services and scope of work that he or she deems appropriate for the project. The landscape architect should not hesitate to be thorough in the proposal process identifying all of the costs necessary to complete a project. If the client’s proposed fee is inadequate, the landscape architect must have the courage and assertiveness to inform the client. In cases where the funding is not commensurate with the scope of the project, the landscape architect should be very cautious. If the client wants the full range of services proposed by the professional but is not able or willing to pay for them, the landscape architect must be careful to negotiate a realistic scope if additional funding is not available. If the scope does not match the perceived needs and budget of the client, the landscape architect may find that the project cannot be properly completed with the standard of care practiced by landscape architecture professionals. In cases where the scope and budget cannot be effectively matched, the landscape architect may wish to forgo working on the project because the work may compromise the professional’s standard of care or the professional may end up providing more services than the client is willing to pay for and losing money on the project. Proposals can be presented in a letter format or booklet. The proposals can be hand delivered, mailed, or emailed. The proposal often doubles as the main elements of the agreement. The scope of work and scope of services that are written in the proposal are frequently appended to the final contract format, so great care and attention must be paid to the proposal-forming process. One last benefit of the proposal-forming process is the opportunity to glean how open the client is to negotiating the contract. If the client is stub-

born or not willing to make compromises on the scope of work and the scope of services in order to bring project expectations in line with available fees, the client may be equally unwilling to negotiate terms and conditions of the contract that put extreme risk, responsibility, and liability on the professional.

Elements of a Successful Written Proposal The quality of the landscape architect’s proposal is a key determinant in whether the client becomes interested and wants to engage the professional office. There are a number of elements of a written proposal that enhance its success:

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Accuracy. Are the facts, figures, and grammar accurate? What is a client to think of the landscape architect’s professional and technical capability if the proposal includes spelling errors, errors of fact, or you’ve spelled the client’s name wrong? Completeness. A complete proposal is essential, but it should not include a lot of extraneous material. Eliminate fluff. Deciding on the right degree of completeness is often one of the more difficult aspects of preparing a proposal, particularly for large, complex, and big-fee projects. Win or lose, one of the best compliments a landscape architect can receive about a proposal is that it is concise and to the point. Proposals written in response to an RFP must pay careful attention to presenting in the proposal the answers to the specific questions asked. Be persuasive. The landscape architect’s proposal must convince the client that he or she can do what the client asks. The proposal must be persuasive. It should come across as confident. Be enthusiastic. If quite a number of proposals are received, a client will usually be able to ascertain which of the consultants is more enthusiastic about working on the project.

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Address the problems. If there are serious problems to be overcome in the project, do not ignore them. Address the problems and suggest possible ways to resolve them. How you intend to handle problems associated with a project is one element of a proposal that makes for good discussion during an interview (if you make it to that stage of a selection process). Solve the “right” problem. Avoid presenting a proposal that includes everything but the kitchen sink. Avoid thinking that you can cover the problem if you tell the prospective client that you know everything about anything related to even the most remote or potential aspects of the client’s project. Be creative. Successful proposals stand out from the others by their presentation, their graphic quality, and their creative response to the project. Be selective. You don’t have to go after every RFP that comes across your desk. Evaluate each project and how it fits your expertise, experience, and office goals. Develop a “go/nogo” method of evaluating RFPs. Don’t waste your efforts. Make the proposal readable. Delegate proposal writing to people in the office who can write. The readers of your proposal may not understand highly technical terms, so avoid jargon unless it is appropriate for the expected evaluator (Fuller 1991).

The Elements of a Professional Services Contract with a Client Regardless of the format used, the professional services contract normally includes the following elements: ■ ■ ■ ■ ■ ■

Agreement Project description Scope of work Scope of services Responsibilities of the parties to the contract Fees

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Terms and conditions Signature lines

Agreement A professional services contract should start by stating that it is an agreement by and between the owner and the landscape architect. The correct name and address of each should be used to precisely set forth the parties to the contract.

Project Description The professional services contract should identify the name of the project and its location. The legal description of the property is the best way to describe the location, but an address will also work.

Scope of Work The scope of work is different from the scope of services. The scope of work describes what the project is or is not about; the scope of services describes the actions that the landscape architect will carry out. The scope of work describes what elements the owner wants the landscape architect to plan or design. It is a short version of the client’s program and should include a statement of the client’s budget, if known. The scope of work can be used to describe the components of the project and any specific construction materials or elements that define the level of quality the client desires in the design of the project and in the types of materials to be used. If the project is an ordinary commercial project, the scope of work can specify that the design professional will use construction materials such as standard concrete walks and asphalt paving. If the project is upscale, the scope of work can identify the types of materials, such as unit pavers, integratedcolor concrete, or marble finishes, that will be used to achieve the high design quality the client desires. The scope of work is a good place to spell out what codes are applicable. The scope of work is the section of the contract where the landscape architect spells out any of the qualifying elements of the planning or design project that the client has indicated are desired.

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If the project is a site-planning project for a mixed-use housing development, for example, the scope of work might be stated as follows: ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■

The landscape architect will develop a plan that will locate on the 925-acre site approximately 500 single-family lots of 1 acre each, four apartment blocks of 15 acres each, two 30-acre blocks for patio homes, and one 10-acre commercial parcel with six 10,000 square foot pads. The site plan will locate the major streets and the common open space, which will comprise approximately 200 acres of land. The common open space will include the high-quality riparian habitat that exists on the site. Recreational elements will be planned in the open space and a 20-acre active park site will be located.

If the project is a small commercial landscape design project for a branch bank or office building, the scope of work might be stated as follows: ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■

The landscape architect will prepare design plans and construction documents for the 2-acre site, including parking areas, sidewalks, an entry plaza, and site amenities, including outdoor furniture, lighting, landscaping, and irrigation. The client has indicated that high-quality construction materials, such as granite and marble stone, should be used in the entry plaza. A fountain is also desired as a focal point of the entry plaza. The client desires large plant materials to be used in order to create an “instant” landscape effect. The client’s construction budget for the site improvements and landscaping is $300,000.

Scope of Services The items included in the scope of services are the specific actions or activities the landscape architect will carry out in order to accomplish the scope of work. The estimate of the hours needed to complete the project, as well as the fee, is based on the scope of services. Thus, thoroughness is an important ingredient of developing the scope of services to ensure that all of the activities are identified in detail. The landscape architect may be embarrassed if he or she has to go back to the client to ask for

additional fees because one or more important or time-consuming tasks were omitted from the scope of services. The professional also runs the risk of having a client that is unwilling to pay additional fees for services that must be carried out but were forgotten by the landscape architect when the design services contract was signed. The scope of services may be divided into a number of headings as needed for clarity. In many standard contract formats, the scope of services is typically divided into basic services, which include the specific activities the landscape architect will carry out for the fees indicated, and additional services, which include any services not provided in the basic services. Typical categories of standard basic services itemized for project design work include: ■ ■ ■ ■ ■

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Predesign and programming Site planning Schematic design Construction documents Bidding and construction contract negotiation Services during construction and construction observation Project administration, management, and coordination

A number of recommended services may be listed under the category of additional or excluded services so that it is clear to the client that certain services are not provided under the terms of the contract for basic services. The following two items are catchall phrases that are typically listed as standard additional services in a landscape architecture contract: 1. Changes by the owner or client to approved concepts or plans necessitating redoing the design, plans or specifications 2. Any services not included in or in excess of the basic scope of services that are provided by the landscape architect at the client’s request or concurrence See Figure 9-3 for an example of a scope of services for a single-family residential project.

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Figure 9-3. Example of scope of services for a single-family residential project.

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Responsibilities of the Parties to the Contract The landscape architect and the client have responsibilities pertaining to the successful completion of a project, over and above the landscape architect’s duty to complete the scope of services. Many of these responsibilities are related to providing information or access to information or resources. The client, for example, is responsible for providing a site boundary and topographic survey, soil tests and reports, geotechnical engineering, a design program, a construction budget, and access to other information that is germane to successful completion of the project. The landscape architect is responsible for identifying the applicable codes and generally recognized planning and design principles necessary for completing the work. The landscape architect is responsible for conforming to applicable codes. The professional is responsible for satisfying the requirements necessary for the project to be approved by public agencies and for obtaining necessary permits. The landscape architect is also responsible for carrying out the professional services in a manner that is reasonable, prudent, and consistent with the standard of care ordinarily practiced by other landscape architects. Fees

The fee for professional services may be calculated and stated in many ways. The following are the most commonly used ways to present a professional fee: ■ ■ ■ ■

Hourly Fixed fee Multiplier of direct pay rates Percentage of construction

Of all the ways to present a fee in a contract, the fixed fee is used most often. The fixed fee allows the landscape architect to budget the work on the project in such a way as to cover costs and make a profit. It also allows the landscape architect to make more money if the scope of services can be completed in less time than was estimated, realizing a windfall profit. Clients prefer fixed fees because they know exactly how much to budget

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for the professional services and what to expect for the fee. Clients often add a contingency in their budgets to cover the possibility of additional services materializing during the course of the project. When the landscape architect cannot clearly estimate the amount of work in order to develop a fixed fee, an hourly fee may be the best way to propose the fee to a client. In fact, an hourly fee may be the only way that can be agreed upon by the client and the landscape architect. An upset maximum amount may be specified so that the client has a ballpark idea of the fees that will be required and can budget for the fees. Using a multiplier fee, the landscape architect estimates the number of hours required for the services and multiplies by the hourly pay rates of the employees who will carry out the services to arrive at a total of direct personnel costs. The total direct cost is then multiplied by a multiplier that covers the costs of overhead. Profit and the costs of reimbursable expenses are added to arrive at a total fee, usually expressed as a fixed fee. A fee based on a percentage of construction is arrived at by multiplying the construction budget by a percentage rate, usually 6 percent to 12 percent. In this method of calculating the fee, the landscape architect may add a clause that sets the final fee based on the actual construction cost, using the budget estimate as the basis for setting the initial fee parameter. Whatever approach is used, the contract should include the method for establishing fees for additional services. Typically, the landscape architect carries out additional services on an hourly basis at billing rates specified in the contract. The fee section of the contract may also specify other related information, such as when invoices will be sent to the client and on what basis the landscape architect will submit invoices for partial payments. The fee section of the contract can also specify those expenses that are to be considered reimbursable in addition to the professional fees. If a reimbursable multiplier is used, it should be specified. Professional design consultants typically specify a multiplier of 10 percent to 35 percent for handling reimbursable expenses and engaging the services of subconsultants.

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Terms and Conditions The elements of the professional services contract that deal with the business and legal understandings are called the terms and conditions. Most professional consulting firms have developed a separate contract attachment itemizing the terms and conditions. Professional association standard contracts, as well as contracts developed by clients, devote entire sections to terms and conditions. Some of the contract elements typically covered by the terms and conditions include who has ownership of documents and how they may be used, liability limitations, timeliness and schedule, cancellation and termination, warranties, liability limitations, insurance coverage, legal jurisdiction and court costs, assignment, dispute resolution, authority to enter into the agreement, covenants and conditions, publicity, and payment terms including cost of living adjustments. Figure 9-4 is an example of the terms and conditions contract attachment.

Signature Lines Every contract should include signature lines for the parties signing the contract. As mentioned earlier, the person or persons signing for an entity must have the authority to bind the contract and commit the resources of each party to carrying out the terms of the contract.

Agency Landscape architects serve as agents to their clients as part of the contract for professional services. In the agency relationship, the client authorizes the landscape architect to represent the client and make binding decisions in the client’s business with a third party, usually the contractor. The authority is granted by the client under the terms of the contract. The agent is given the power to act with discretion on behalf of the client. There are normally three partners in the agency relationship: the client, the landscape architect, and the third party. The landscape architect serves an agency role throughout the contract for professional services,

but the role is more prominent when the landscape architect is carrying out construction administration and construction observation services. While serving as the client’s agent, the landscape architect is empowered to do anything the client can do, and the landscape architect’s agency actions should be guided by a few important guidelines: ■ ■

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Act only in the client’s best interest. Keep the client informed and seek concurrence for all agency decisions. Act only within the agency powers provided for under the terms of the contract. Do not act illegally or immorally. Do not act to further personal gains. Remember that any and all actions on behalf of the client will bind the client to the actions taken. Avoid actions that might bind the client to detrimental consequences.

During construction administration and observation, the landscape architect must take care to act judiciously and perform services that fall within his or her expertise. For example, do not provide construction observation services for a building that was designed by an architectural subconsultant under the design phase of the contract. Engage the architect, as part of the construction services, to perform the necessary building construction observation and make reports to the client through you. Misrepresentation of professional ability, such as the capability to inspect building construction, may cause the landscape architect to be accused of breaching the contract or even fraudulent representation of his or her professional capability. If the landscape architect attempts to perform construction services outside his or her expertise, and if damages occur, the landscape architect may be held liable for negligent acts (Hinze 1993). In practicing the agency relationship, the landscape architect must always be concerned about whether his or her acts require impartiality or fidelity to the client. Many times on the job site of a project under construction, the landscape architect is faced with making decisions that require impartiality, such as approving pay requests, evaluating the percent complete of the project, or evaluating claims made by the contractor, client, or both. Other times the landscape architect must be faithful

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Figure 9-4. Standard terms and conditions used as an attachment to the letter agreement, contract, or proposal.

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to the client’s interests to see that the construction is carried out expressly in terms of the construction documents. For example, if the landscape architect observes the contractor taking a shortcut or compromising construction activities in any way, the landscape architect must be faithful to the client’s interests and require the contractor to carry out the construction activities properly in accordance with the specifications and plans. The landscape architect must maintain a high degree of integrity and the courage to insist that the construction is carried out properly so that no questions can be raised about negligence or improper activities. Agency relationships may be most tested by change orders during construction activities. Changes to the scope during construction can be caused by a number of reasons. The client may voluntarily want some aspect of the construction changed, enhanced, or reduced. Unexpected conditions may arise, typically unknown subsurface conditions that require changes from the plans. Government agents may require changes because of their interpretation of codes. Design errors may have occurred. In the case of design errors, the cause of the change usually determines who is responsible for paying for the change. If the client requests a design change, he or she will be responsible for the additional costs. The client is responsible for changes caused by hidden or unknown conditions, particularly if the landscape architect and the subconsultants acted within the standard of care during the design process to identify all conditions, such as existing subsurface conditions, that should be relevant to the construction project. The client also usually pays for code issues that occur during construction. When the landscape architect has followed the codes to the best of his or her ability, but a government inspector sees things differently during construction, the landscape architect would not normally be considered negligent for not anticipating the government agent’s on-site interpretation (Samuels 1996). Design errors, if they occur, must be dealt with by the landscape architect in an honest way with the client. With some clients, such as a municipality or a developer that are construction savvy, a contingency of 5 percent to 10 percent of the construction budget is set aside in the construction budget to cover change orders that may occur as a result of design

omissions or errors. The client with construction experience will expect that some changes during construction will be necessary and will benefit the project. The owner is entitled to recover from the landscape architect extra costs caused by apparent design error. In practice, however, if the costs are within the acceptable contingency range, the client may not attempt to recover them, especially considering the high cost of legal action. Where a contingency is not available, the landscape architect must rely on the relationship of trust established with the client and try to reach a conciliatory position for any extras that may arise from design error. A good approach is to have a candid discussion with the client before the construction starts. State that the landscape architect has done his or her best to consider all of the necessary design elements during the design phase, but the landscape architect hopes the client will understand that changes may be necessary during construction and will be open minded to paying for any necessary changes. Another approach is to let the client know that regardless of the design omission, the client would have paid for the construction anyway. In most instances, properly presented, the client may be willing to pay for design changes that result from design errors or omissions. If the landscape architect has clearly made a design error and the client refuses to pay for the change, the landscape architect must be willing to do what is necessary to correct the situation, including paying for the change or submitting a claim on the firm’s E & O insurance. Last, while working as the client’s agent, the landscape architect needs to take each issue of possible design error as part of a continuum of many changes that are likely to occur during the course of construction. Don’t get upset, angry, or afraid of monetary impact if one change appears to be caused by design error. There are likely to be changes caused by each of the three parties to the agency relationship. Keep tabs on the changes like a running balance sheet. They all may offset each other over the course of construction. Trade-offs and compromises can be structured and summed up at the end of construction such that no one feels he or she has been treated unfairly regarding extra costs. Each party will be satisfied that fair decisions have been made and the project ends up being successful for all of the participants.

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Contracts with Allied Professionals Similar to contracts with the client for professional services, the landscape architect uses three formats for contracts with allied professionals: 1. Professional association standard contracts 2. Landscape architect-developed contracts 3. Allied professional-developed contracts

Professional Association Standard Contracts As with the contract for professional services with the client, many landscape architecture firms use an association-developed standard contract for the agreement with subconsultants working under the direction of the landscape architect acting as the prime consultant. Firms frequently use the AIA standard contract. The AIA contract form, C401TM –2007 Standard Form of Agreement Between Architect and Consultant, is part of the AIA’s family of related contract documents. It is suitable for use with all types of consultants, including consulting architects and includes a variety of compensation options. If the landscape architect is using the AIA standard contract form B101TM –2007 for the relationship with the client, C401–2007 incorporates by reference the preexisting owner/architect agreement known as the “prime agreement.” C401–2007 was modified in 2007 to be shorter and more flexible by “flowing down” the provisions of the prime agreement, except as specifically stated in C401–2007 (AIA 2009). The standard contract covers elements germane to the relationship between the prime consultant and the subconsultant, including the subconsultant’s scope of services, compensation, terms and conditions of the contract. Provisions for clarifying additional services are an important part of the agreement with a subconsultant. Without tight control over additional services, a subconsultant may provide services that are known to be needed but not a part of the agreed-upon scope of services. After the services are complete, the subconsultant may feel the prime consultant is obligated to pay for the unanticipated services. Additional-services

terminology in the standard association contracts usually includes the specific services that may be considered to be “additional.” The additional services are itemized so there is no question that if they are deemed necessary by the subconsultant, they will be authorized in advance by the landscape architect. The standard contract requires that the landscape architect authorize additional services in writing before they are executed by the subconsultant. The standard contract specifies the responsibilities of the prime consultant, including providing all available information to the subconsultant, such as a survey and a soil report. The prime consultant also agrees to designate an authorized contact to act on behalf of the prime. The standard agreement includes language regarding construction costs, particularly related to a fee that is based on a percentage of construction, and defines reimbursable expenses and the terms of payment to the subconsultant. The standard agreement also covers ownership of the documents, provisions for terminating the contract, insurance requirements, assignment provisions, governing law, dispute resolution provisions, and signature lines. When using an association-developed contract, keep in mind that it should be adjusted as necessary to accommodate specific requirements of the project.

Landscape-Architect-Developed Contracts When landscape architects develop their own contracts for use with a subconsultant, the contract should include the elements necessary for proper formation of the agreement so that it is enforceable. It must represent a voluntary agreement for consideration. It should be for a lawful purpose, be signed by legally competent parties, and must have an enforceable form. There are a number of elements that ought to be considered in the landscape architect’s favor when developing a contract for an agreement with a subconsultant: ■

Reference the landscape architect’s contract with the client so that the subconsultant is

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bound by the same terms and conditions that bind the landscape architect contractually to the client. Include a clause specifying that the subconsultant will receive payment when and if the prime consultant receives payment. As a matter of money management, the clause might specify that the subconsultant will be paid within 15 or 30 days after the prime consultant is paid by the client. The contract should also cover the acceptable method of billing if the landscape architect requires specific billing procedures and receipt of the subconsultant’s invoices at specific times of the month. Require that the subconsultant furnish proof of insurance coverage, including professional liability insurance. Request copies of insurance certificates for the landscape architect’s file. Clarify ownership of the drawings and other instruments of service, including copyright protection. Include a provision covering changes to the documents prepared by the subconsultant and prohibiting changes made by the prime consultant, the owner, or the contractor without the consent of the subconsultant. Include a mutual indemnification provision by which the landscape architect and the subconsultant agree to hold each other harmless for any liability for damages except liability arising from their own individual negligence.

The landscape-architect-developed contract used with subconsultants is often created by referring to other subconsultant contracts (such as association-developed contracts and contracts received from other prime consultants when the landscape architect serves as the subconsultant) as models. These sometimes cover elements beyond what may be necessary with less verbiage. They are useful references, however, to serve as a starting point. The contract created by the landscape architect should be reviewed by the firm’s attorney. Figure 9-5 is an example of a subconsultant agreement format that can be used as a starting point.

Allied-Professional-Developed Contracts There is no good reason for a landscape architect to sign a subconsultant agreement developed by the subconsultant. If the landscape architect is too lazy to take charge of the subconsultant’s contract, the landscape architect’s role as prime consultant should be questioned. As the prime consultant, the landscape architect has the opportunity to directly manage and control the language of the agreement and should exercise this opportunity. When the landscape architect serves as a subconsultant on a project, the landscape architect will be obligated to sign a contract developed by the prime consultant. The landscape architect should review the contract in detail, looking for fairness and equitable treatment in the provisions of the agreement. The list of elements discussed above can be used to identify if the proposed agreement is fair.

Contracts with Credit Agencies Generally speaking, contracts with credit agencies are based on either unsecured credit or secured credit. Credit, which involves the quality or state of being trustworthy, is used in businesses where goods are sold, services are rendered, or money is lent in exchange for the promise to pay for them in the future. In some business transactions, usually with vendors that supply goods or services that have a small relative economic value, the vendor is willing to rely on the debtor’s word that payment will be forthcoming. These business transactions are based on unsecured credit. The business, firm, or person extending the unsecured credit has a high degree of risk. If the debtor does not pay for the goods or services, the creditor has more limited options than if the debt were secured by something of tangible value. Landscape architects are on both sides of unsecured credit transactions. They obtain trade credit from their suppliers, and they give trade credit to most, if not all, of the clients and allied professionals for whom they work.

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Figure 9-5. Ace Landscape Architects subconsultant agreement.

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Unsecured Credit When unsecured credit is given and the debtor does not meet the obligation to pay for the goods, services, or money lent, the creditor can rely on a few measures to seek repayment by the debtor. First is persuasion and persistence. There is an old business proverb, “the squeaky wheel gets the grease.” There have been many times during the life of my landscape architecture business practice when I have been late on payments to unsecured creditors because of cash-flow problems, slow business, or pressing financial needs that must be met before money can be directed to unsecured credit obligations. I can tell you from experience that I have been more likely to pay those unsecured creditors who have persistently called me and asked for payment, sometimes in a nicely persuasive way, other times in anger. I can also attest to the benefits of persistent persuasion when my firm has been owed money by a slow-paying client and it has seemed like the only way to ensure payment was to hound the client until a check was received. Another good old saying to remember is “the best clients are the ones that are the paying clients.” The second course of action is to bring a lawsuit against the debtor and obtain a legal judgment. Lawsuits should not, however, be entered into lightly. Even if the creditor wins the suit, the debtor may be broke, near or in bankruptcy, or have no property that can be used to pay the debt. Lawsuits are expensive and the courts may not rule in favor of the creditor. I have always avoided lawsuits if at all possible and have been guided by another old proverb—“no lawsuit is a good lawsuit.” In many cases, I’ve weighed the cost of attorney’s fees and court costs against what is owed the firm and concluded that writing off the debt was more costeffective than bringing a lawsuit against the debtor. If the debt is a small one, a creditor has another option, seeking relief in small-claims court. There are debt ceilings on the amount that can be sought under small-claims court criteria and the process varies on a state-by-state basis. For example, the maximum amount of a claim in Arizona is $2,500. I have used this process to make several demands for payment for small amounts owed to my firm. Because the decisions made by small claims court justices are binding on both parties, even the threat

of a small-claims court claim is often enough to nudge the debtor into paying the debt. Small claims court procedures and amounts vary by states and can be researched easily on the Internet. The main elements of small claims court in Arizona for the plaintiff (the person or organization bringing the suit), for example, include: THE ARIZONA SMALL CLAIMS COURT ■

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Every justice of the peace court in Arizona has a small claims division, created by law to provide an inexpensive and speedy method for resolving most civil disputes that do not exceed $2,500. Small claims cases are handled in a less formal manner than other court cases. Procedures are intended to be simple enough for a person to file a complaint or to answer a claim without a lawyer. All cases are heard by either a judge or hearing officer, who then makes a decision. The decision is final and binding on both parties. There is no right to a jury trial or an appeal in small claims cases. There are only three specific requests allowed by law in a small claims action. These are Request for Change of Venue (location), Request to Vacate a Judgment, and Request for Debtor’s Examination.

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The small claims court can be used by any individual, partnership, association, or corporation for civil claims. Because proceedings in small claims cases are simplified, lawyers are generally not necessary. They are allowed to participate, however, if all parties agree. A form, Stipulation for Use of Attorneys, may be obtained from the court for this purpose. If all parties do not agree, attorneys are prohibited from representing any party in the case unless it is transferred out of the small claims division. Either of the parties may object to the proceedings being held in the small claims

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division and, as long as such objection is made in writing at least 10 days prior to the time set for the hearing, the case will be transferred out of the small claims division. Once a case is transferred from the small claims division to the justice court, the rules of procedure governing justice courts apply to the case, permitting claims in excess of $2,500, attorney representation, jury trial, and appeal.

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The filing fee, service by mail and answer fees are set by state law. The specific fee amounts are available from the small claims clerk in each individual justice court. The judge or hearing officer may order costs incurred by the prevailing party to be paid by the party who loses the case.

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If a reasonable agreement cannot be reached out of court, a small claims complaint may be filed. The types of claims that can be filed in the Arizona small claims division include: ■ Money debts ■ Personal injury ■ Property damage ■ Cancellation of a contract The clerk of the small claims division is available to answer questions relating to jurisdiction, venue, pleadings, or procedures, but the clerk cannot engage in the practice of law and cannot give legal advice.

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A plaintiff (the person or organization bringing the suit) begins a small claims case by filing a complaint with the clerk of the small claims division in justice courts. The plaintiff must file the complaint in the justice court in which the defendant (the person or organization being sued) resides or operates a business, or where the act giving rise to the claim took place. The information required on the complaint form is the name and address of the defendant, the reason for filing

the complaint, and the amount of money being disputed. The complaint forms are available from the justice court. At the time the complaint is filed, the clerk will issue a summons ordering the defendant to appear in court. The summons and complaint must be served on the defendant. The summons and complaint may be served by registered or certified mail, return receipt requested. If the court provides this service, there is an additional fee. The complaint also may be served by a process server. After receiving the summons and complaint, the defendant has 20 days to file a written response (called an answer) with the court. If the defendant fails to file an answer within 20 days, the court may rule in favor of the plaintiff. A counterclaim may be made by the defendant, not necessarily opposing the plaintiff’s claim, but alleging other facts to establish a claim by the defendant against the plaintiff. The defendant’s counterclaim may also demand money from the plaintiff. This demand may not exceed $2,500 unless the case is transferred out of the small claims division.

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The trial will be scheduled within 60 days from the date the defendant files an answer with the court. The clerk will notify both parties of the time and place of the trial. If either party wishes to postpone the trial to a later date, a Request for Continuance form must be filed with the court by that party. Only the most serious reasons will be considered by the court in ruling on this request. Prior to trial, the plaintiff should write down the facts and details of the case in the order in which events occurred. The plaintiff should bring all necessary papers (for example, invoices, aged account reports, contracts) for the trial. If the plaintiff and defendant settle the case prior to the trial, the plaintiff should notify the court, in writing, to dismiss the action. A form may be obtained from the court for this purpose.

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On the day of the trial, both parties must appear on time before the judge or hearing officer and testify. The court will also hear the defendant’s counterclaim, if one has been filed. After both parties have presented their witnesses, testimony, and evidence, the judge or hearing officer will make a decision, called a judgment, and record that decision in the court’s records. If the defendant fails to appear at the trial, the judge or hearing officer may hear testimony from the plaintiff, examine the plaintiff’s evidence, and enter a judgment against the defendant. If the plaintiff fails to appear at trial, the court will normally dismiss the case. Neither party can appeal the decision of the judge or hearing officer in a small claims case.

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At the time of judgment, and at the request of the prevailing (winning) party, or on the judge’s initiative, the judge orders the debtor (the losing party) to participate in a debtor’s examination hearing to determine ability to pay. The hearing, usually held immediately after judgment, may be conducted by the judge, hearing officer, a person authorized to administer oaths, or a court employee designated by the judge. The losing party will be required to provide the court with information on his or her debts and liabilities. The amount determined by the judgment is due and payable immediately after the judgment is rendered. If the losing party does not make full payment, the winning party may request the court to issue a Writ of Execution or Writ of Garnishment. If these writs are not effective in collecting the judgment, obtaining an attorney may be necessary. The Arizona Small Claims Court does not enforce or collect the judgment on behalf of the parties (Arizona 2009.)

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Secured Credit Contracts with credit agencies that are based on secured credit carry significant obligations to repay the debt. Creditors use a security interest or a lien on the debtor’s property as a means of mitigating the credit risk. When a landscape architect purchases a vehicle and obtains a loan from a leasing company or a bank, a contract for repayment of the loan is executed between the lender and the landscape architect. The vehicle is used as the security for the loan. When a landscape architect negotiates an operating line of credit from a bank, the lender will require the landscape architect to pledge the firm’s accounts receivable or other assets as the collateral or security for the loan. The lender often requires additional security such as a personal guarantee. The loan document, contract, or promissory note clearly spells out the security interest. If the landscape architect defaults on the loan, the creditor has the contractual right to go after the security. If the security is a vehicle, for example, the creditor has the right to repossess the vehicle and sell it to recover the monetary interest. If the security is the accounts receivable, the creditor can collect the money tied up in the accounts receivable. The landscape architect must be familiar with and understand the ramifications of performance of a contract for an operating line of credit or a business loan used for capital equipment. This type of contract will typically include a loan agreement and a promissory note:

LOAN AGREEMENT 1. The names and addresses of the parties to the agreement. 2. The term of the loan (e.g., 1 year). 3. The definitions of terms used in the agreement. 4. A definition of the type of loan (e.g., a line of credit) and the conditions related to advances or borrowing amounts on the loan. When the loan is tied to a specific formula establishing a borrowing base on the accounts receivable, the definitions will require mandatory repayment of any amounts that exceed the borrowing base.

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5. The collateral and the terms of the collateral. If receivables are used as the primary form of collateral, the lender will require that the borrower make financial reports available to the lender on demand. Records such as financial statements and aged accounts receivable reports will be required documentation. As the borrower, the landscape architect will be required to warrant or guarantee that the accounts are eligible for use as collateral and will always remain eligible under the terms of the loan agreement. 6. The loan agreement will contain a clause of representations and warrantees in which the borrower warrants that the firm is a duly organized and lawful business and that the loan document has been signed by an authorized representative of the firm. For a sole proprietorship, authorization will be by the individual owner. For a partnership, authorization will be by a partner or all of the partners. For a corporation, the loan agreement will be signed by a corporate officer, and the lender will likely ask for a corporate resolution authorizing the loan. The borrower will also be asked to warrant other elements, such as clear title to real property that may be used as security for the loan and that no hazardous substances have been used, generated, manufactured, stored, or released related to the real property. The borrower will warrant that there are no liens on any property used as security for the loan. The borrower will also guarantee survivability of the loan until it is repaid in full. 7. The borrower will agree to a number of covenants and other terms. The borrower may be required to notify the lender if the borrower’s financial condition changes as a result of litigation or other legal claims against the borrower. The borrower will promise to furnish financial statements and other information deemed important to the lender. The lender is likely to require evidence that the borrower has complied with financial ratios and maintained acceptable levels of working cash and liquid assets.

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(See Chapter 6 for a discussion of financial ratios.) The loan agreement will include insurance obligations and requirements to submit insurance certificates to the lender. The borrower may be required to maintain its present operation, including owners, executives, and other management personnel. The borrower will also be required to maintain operation as it is at the time the loan is granted; for example, the borrower may not be allowed to engage in any business activity that is different from landscape architecture without the agreement of the lender. The lender will request inspection rights at any time to review the status of any property or accounts receivable, as well as all records and books. The covenants will also include a personal guarantee naming those persons responsible for the debt. The terms for cessation of advances will be spelled out if the loan is for an operating line of credit. The terms will normally include conditions such as the borrower defaulting on any terms of the loan agreement, insolvency, bankruptcy, or voluntary admission by the borrower that the business is in jeopardy for one reason or another. The loan agreement will include a right-ofsetoff clause in which the borrower grants to the lender the right to offset any amounts owed under the loan by using other accounts, such as checking, savings, IRA, Keogh, and trust accounts, to the extent permissible by law. The loan agreement will define the events of default. They will include failure to make payments when due, making false statements, defects in the collateral, insolvency, foreclosure on real property, and change in ownership of at least 25 percent. The loan agreement will also include a number of miscellaneous provisions. These provisions include defining the applicable law, such as the state law where the loan is executed; the right for the lender to sell the loan to another; payment terms for any costs associated with the preparation, execution,

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enforcement, and collection of the loan; terms for official notices; a severability clause; and a clause binding all successors and assigns. PROMISSORY NOTE 1. The promissory note will identify the parties to the contract. 2. The promissory note includes the borrower’s pledge or promise to pay any amount of the loan outstanding, including interest on or before the due date of the loan. Payments are always applied first to the accrued interest and then to the unpaid balance. 3. The promissory note will define the interest rate and the index, such as the prime rate, used by the bank. If the interest rate is 2 percent, for instance, and the prime rate is 7.5 percent, the total interest charge will be 9.5 percent. When the interest rate is indexed, it provides for the 2 percent interest rate always to be added to the selected index rate. Therefore, if the prime rate goes down to 7 percent during the term of the loan, the total interest payment will go down to 9 percent. Usually a minimum total interest also will be specified, 8.75 percent, for example. If the prime rate were to drop to 6 percent, resulting in a total interest of 8 percent, the loan’s minimum interest of 8.75 percent would be effective. 4. If the lender requests a late charge, it will be identified in the promissory note. 5. The promissory note will spell out in detail the provisions for defaulting on the loan. They may be repeated from the loan agreement. 6. Lender’s rights to collect on a defaulted loan will be spelled out in detail. Sometimes the lender will have a provision that allows the lender to increase the interest to the maximum allowed under law if the loan is in default. 7. The note may repeat the setoff rights. 8. The note will clearly set out the name of the person or persons who are eligible to make requests for advances on the line of credit.

9. The note will specify the total amount or upset maximum amount of money that can be borrowed under the loan or line of credit. The most important point to remember when entering into a credit contract where security interest is sought by the lender is to review the contract in great detail and question any points not understood or agreed to. The following are some of the key points to look for and negotiate in the written agreement: ■

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Personal guarantee. Try to eliminate the personal guarantee if the landscape architecture firm is a corporation. Interest rate. Try to obtain the lowest interest rate above the index rate. Firms that have good credit should be able to obtain a rate of .5 percent to 1 percent above the prime rate. Firms with poor credit may be lucky to obtain 3 percent to 4 percent above the prime rate. Late charge. Try to negotiate a late charge out of the agreement. If not possible, negotiate the longest length of time possible before the charge is applied and the lowest charge possible. Loan amount. Carefully determine the maximum amount of the loan so that it is adequate to cover the expected borrowing needs but not so high that it might tempt the landscape architect to borrow more than needed. Collateral. Try to limit the collateral to only accounts receivable or a specific interest in some other real property. Try to eliminate the lender’s rights to “any and all” security owned by the corporation or personally by the borrower. Hidden fees. Ask the lender to identify up front all of the fees associated with the loan. There may be a document preparation fee, an annual renewal fee, a late payment fee, an account maintenance fee, a fee for payments made when the borrower’s account has insufficient funds, and a whole host of other fees that are now charged by banks and lending institutions. Remember that everything is negotiable, and if the bank wants to give you credit, especially if your firm has established

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excellent credit, the bank may be willing to waive some of the fees.

of the sale are distributed first to cover the expenses of repossessing and selling the collateral, second to cover attorney’s fees, third to cover the debt, and fourth to pay any creditors that may not be in first position. Last, any remaining amounts go to the debtor. The creditor is allowed to sue for any deficiency that is not covered by the sale of the collateral.

Default on a Secured Loan When the landscape architect enters into a loan agreement to purchase business equipment, vehicles, or real property, the creditor will obtain a security interest in the property. The creditor wants to ensure that the security interest is superior to others that may have an interest in the property, usually referred to as being in first position. Establishing a security interest is covered by Article 9 of the Uniform Commercial Code, and the code must be followed explicitly for the security interest to be secure and not revert to a general interest in the event that a firm becomes bankrupt. The security agreement must describe the collateral, require the debtor to pay certain amounts on a regular basis, and specify the events that constitute default. If the borrower (the landscape architecture firm) defaults, the secured creditor has two main options: ■

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Forget about the collateral and sue the landscape architecture firm based on the terms of the loan agreement and the promissory note. If the collateral can be obtained peacefully, the creditor will attempt to do so. If not, the creditor must take legal action to repossess the security. If the collateral is intangible, such as the landscape architecture firm’s accounts receivable, the creditor will seek to have performance on the loan carried out through the courts. Repossess the collateral, foreclose on the loan agreement, and keep the collateral in payment for the remaining debt. If the collateral is not valuable enough to cover the remaining debt, the creditor may also sue the debtor for amounts outstanding. Many lenders do not want to take back the collateral, and this becomes a negotiating point for the borrower to renegotiate the terms of the loan. If the security is sold, the lender must act in good faith and the sale must be for fair market value. The proceeds

Employment Agreements When a landscape architect hires his or her first employee, or when a landscape architecture firm adds new hires, an employment agreement is the best way to consummate the new employer-employee relationship. An employment agreement is a contract with the employee spelling out the terms of employment. At least three areas are addressed in most employment agreements, including the duties of the employee, the terms of employment extended by the employer, and the initial compensation for the services rendered by the employee. Figure 9-6 outlines a sample employment agreement in its simplest form. There are also a wide variety of sample employment agreements that are available on the Internet. They can serve as a starting point for a landscape architecture office that is hiring professional staff. Employment agreements also may be quite lengthy, dealing with a wide range of employeremployee relationship topics. An in-depth employee agreement can deal with some or all of the following topics:

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The employment agreement should define the “entire” legal agreement between the employer and the employee. The employment agreement spells out the duties of the landscape architect. The agreement should cite the initial salary or hourly wage rate and may also define how or when future wage increases will take place. The agreement should spell out how many years the agreement covers.

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Figure 9-6. Ace Landscape Architects employment agreement.

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The agreement can identify the company benefits available to the employee such as group insurance and retirement benefits. Expenses that may be incurred by the employee are spelled out and how the expenses are reimbursed. The agreement should state that the employer may, at its sole discretion, terminate the employee’s employment at any time with or without cause. Specific actions that will trigger automatic termination may be itemized. These include death of the employee, if the employee is physically unable to work, termination of the business by the owner(s), if the employee does harm to the interests of the employer, commission of a crime, habitual use of drugs or alcohol, incompetence, negligence, and failure to perform duties. The employer can retain all rights to intellectual property, including concepts, ideas, innovations, and all creations developed by the employee. The employer can put conditions on employee’s use of company information and trade secrets requiring that the information remain confidential. The employee may be restricted from disclosing company information to anyone outside the firm. The agreement can spell out stock options that may be available to the employee. The agreement may point out that the firm adheres to all federal employment laws, including nondiscrimination as described in Title VII of the Civil Rights Act of 1964, the Occupational Safety and Health Act of 1970, the Employee Retirement Security Act of 1974, the Equal Pay Act of 1963, and others as desired. The agreement should include a statement that the new employee has read the agreement and has read the firm’s employee manual and understands both. The agreement should include an address for notices and communications. The location governing the agreement should be spelled out. The employee contract should have signature lines for the employee and an authorized representative of the firm.

Negotiating a Contract There’s an old saying: There are only two sure things in life—death and taxes. If there is another sure thing in life, both in professional business life and in personal life, it is negotiation. To be sure, the art and skill of negotiating is a landscape architecture business fact of life. Successful negotiating is paramount to the development of agreements and contracts for professional services. More and more in the daily practice of landscape architecture, negotiating with clients and special-interest groups has become a necessary skill for completing a project. Reaching consensus with public-interest groups for the design of a park, a highway, or any other public improvement project is a common component of almost every public project today. Reaching consensus with a client on how to bring an overbudget design solution into conformance with the client’s budget happens all too frequently. Negotiating a fee, a schedule, and contract terms that are acceptable to both the professional landscape architect and the client is a regular occurrence. When the negotiations are acceptable, and both parties to the professional services contract are comfortable with the agreement, the relationship is likely to get off to a good start. This section emphasizes negotiating a professional services contract, but the principles discussed carry over into other negotiating circumstances, such as negotiating with an employee for a raise during an annual work review or negotiating with a lender for an operating line of credit. Indeed, many professional landscape architects spend a substantial part of their professional time negotiating in one way or another. A professional landscape architecture practice is built around the cornerstone of trust. Successful landscape architects build long-term and meaningful relationships with their clients. Negotiating within a well-developed long-term business relationship may require more flexibility than negotiating in a business relationship that is perceived to be a probable short-term business relationship. If the landscape architect perceives a potential client as a one-project client, the landscape architect may be inclined to present a proposal and negotiate firmly without budging on the price and terms of

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the agreement. The professional is willing to take the project or forget about it. A word of caution: if the probable one-project client acquiesces to contract terms that favor the landscape architect, the landscape architect should carry out the project with the highest professional standards aimed at creating a highly satisfied client. The project deserves the same care, attention to detail, and development of trust and mutual respect as a project for a long-term, well-established client. The landscape architect should develop trust and provide meaningful professional services in every project regardless of the client relationship. By always practicing with the highest standards of ethics, honesty, and quality of services, the landscape architect will never compromise his or her reputation. One never knows how many friends—other potential clients—the one-time client has, and word-ofmouth references from a one-time client can pay off just as handsomely as the follow-up projects received from a trusting long-term client.

The Fundamentals of Negotiating Preparation

The first step in negotiating is being prepared. This starts with a well-thought-out and thorough initial proposal for professional services. Some of the negotiating often occurs in conversations with the client before the proposal is written and delivered. Asking as many questions of the prospective client as you possibly can is the way to start fleshing out the client’s position on a wide range of elements related to the project. Another key element of preparation is doing your homework. Before writing the proposal, research as much about the client’s background, the site, the locale, the laws, the design process, the design principles, and the preliminary costs of the project as you can. Research the client and the client’s company on the Internet. If the client is a public agency, research the previous types of projects it has completed. Find out what the client’s administrative procedures are. Talk to other members of your firm who have worked with the client before. If no one in your firm has worked with the client, call up a friendly allied professional who might have done work for

the client and query your friend about the prospective client. Is the client easy to work with? Is the client fee sensitive? Does the client have pet prejudices? Does the client pay in a timely fashion? What is the quality level of the client’s previous projects? Which of your competitors has the client used in the past? Any and all information that you can assemble about the prospective client will help you properly slant your proposal for professional services, negotiate a contract that you are comfortable with, and be prepared. Being prepared with the greatest amount of information possible about the prospective client will help alleviate one of the greatest detriments to successful negotiation—uncertainty. Being prepared will enable the landscape architect to write the most responsive proposal possible. Create Room to Maneuver

There are several aspects of creating room to maneuver during your negotiations with a client: 1. Ask for more than you’re willing to settle for. 2. Have alternatives in mind and be flexible. 3. Decide what you can concede to and what your bottom line is. The main elements of a professional services contract where there is room to maneuver and negotiate include: ■ ■ ■ ■ ■ ■

The scope of work The scope of services The fee Reimbursable expenses The terms and conditions of the contract The schedule

For each of these elements, the landscape architect can develop a position more than might ultimately be settled for. The scope of work can be written to include everything that the landscape architect wants to be involved with in the project. The scope of services can include the maximum range of services that would be possible. The fee can be based on the greatest number of hours deemed necessary. The terms and conditions can be written in favor of

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the professional. The schedule can be made extra comfortable. The professional should assume that the client will want to reduce, eliminate, and scale down all aspects of the proposed contract. If the landscape architect has built in room to maneuver, the professional can give on all of the items or will able to negotiate by give and take so that some of the elements of the contract provide a good comfort level for completing the work with a favorable conclusion. If the initial proposal includes the scope, fee, and terms that the landscape architect expects to end up with, the landscape architect will have no room to negotiate and will, in effect, have to assume a take-it-or-leave-it attitude. Furthermore, if the landscape architect does make concessions on a proposal that represents his or her bottom line, then he or she may feel cheated and the professional relationship will get off to a bad start. The client will perceive the landscape architect as presenting a take-it-or-leave-it position. The client will get no satisfaction out of obtaining some negotiating achievements. The client may present his or her alternatives to the landscape architect’s proposal and assume the same take-it-or-leave-it attitude. Negotiations may break down, and the client and the project may be lost. Having alternatives in mind during the negotiating process is a way to enhance the landscape architect’s room to maneuver. By developing alternatives to the scope of work or the scope of services, for example, the landscape architect can present the alternatives and be willing to give away the original position if the alternative is acceptable. Here’s an example: On a residential site planning and landscape architecture project, you require that the client provide a boundary and topographic survey by a registered surveyor. The client gets quotes from three surveyors of $2,500, $2,400, and $2,600 for the work. The client is reluctant to engage the service at the cost. Here are some alternatives that you may have at hand:

that can float reasonably well inside the lot lines, and the topography is not severe, you can indicate that you are willing to develop the base plan for a fee of $1,000 and reserve the right to revisit the need for an accurate boundary and topographic survey if the need presents itself after the preliminary plan is completed. 2. You call the local aerial photographic company and establish that a very recent blanket flight has been made of the area and the aerial company’s photos include topography superimposed on the photo. You obtain a boundary plan from a recent appraisal of the property and find that you can match the aerial and the boundary to create a reasonably accurate base plan for a fee of $900. Again, you reserve the right to revisit the need for an accurate boundary and topographic survey if the need presents itself after the preliminary plan is completed. 3. You find that city road improvements have been recently completed adjacent to the site, and a site plan with accurate boundaries and topography are available from the roadway improvement project. You ask the city engineer if you can use the survey information and agree to compensate the original surveyor with a fee of $500 for using the work for your project. 4. You research the site on Google Earth and the municipal GIS mapping site. You find that topographic information is available for the site. You offer to assemble a site plan that can be used for preliminary planning and note that surveying can be put off when more is known about what needs to be surveyed for the project and what doesn’t. Again, you reserve the right to revisit the need for an accurate boundary and topographic survey after the preliminary plan is completed.

1. You research the city engineer’s files and find that a plat plan of the subdivision is available with topography at a 1-foot contour interval. You indicate that you can enlarge the plat plan to be used as an acceptable basis of existing conditions. If the design is one

The client is likely to be impressed that you have done your homework and have these creative and less expensive alternatives at hand. This alone may create a trusting relationship that will make easier going of the rest of the negotiation on the proposed contract.

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Before you start negotiating any contract, establish your bottom line on everything that is negotiable. The final agreed-upon scope, fee, and terms must be something you can live with. If you go below your bottom line, you’ll resent it, you may be tempted to cut corners, the project may suffer, and the relationship may deteriorate. When you establish your bottom line, or what you are willing to concede in the negotiating process, you also will want to prioritize the concessions you are willing to make. By initially presenting your maximum position, such as the maximum scope of work you would like to carry out, and by establishing a minimum scope you are willing to settle for, you will have the upper and lower limits of your negotiating position. You then allow yourself a great deal of flexibility to agree on a scope that is somewhere between the maximum and the minimum, and one that you have predetermined you can live with.

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Be Willing to Say No and Mean It

Knowing when to use the word no and being able to say it with meaning is one of the most difficult but important skills in the negotiating process. If the landscape architect really believes that he or she cannot make a concession, such as reducing the fee below a certain level, the landscape architect must be willing to say no and live with the consequences. The key to saying no in the negotiating process depends upon the landscape architect’s beliefs. If the landscape architect is asked to make an ethical compromise, for example, that would definitely be a time to say no and mean it. If the landscape architect really believes that saying no to a client’s request is important, the landscape architect should have the courage to say no and have the hard facts and the infallible rationale to defend the position. No is a powerful word in the landscape architect’s negotiating arsenal. When used in the right circumstances, it can provide a great deal of negotiating leverage.

Don’t Give Up Too Much Too Soon

In negotiating, concessions are the key points of the give-and-take process. Concessions give each side leverage. If one side gives up one thing, that side is likely to want the other party to give up something. Never give up something without getting something. The best approach is to exchange negotiating points with your client, rather than forcing points from the client. One of the downfalls of being willing to give up too much too soon is that the landscape architect’s client may feel that the proposal is altogether overwritten. The client may become leery that the scope is overwritten, the fee is too much, and the terms and conditions are too heavily in favor of the landscape architect. If the client senses this, he or she may feel that the landscape architect is not trustworthy and is not presenting a fair deal from the start. Time is one of the elements that works in the landscape architect’s favor when making concessions. Let the client think about some element of the proposal or contract that the landscape architect is not willing to give up. The client is often willing to acquiesce to the landscape architect’s point of view if the client has time to consider it.

Don’t Renege on What You Agree To

The easiest way to lose face and a client’s trust is to renege on an agreement. If the landscape architect makes an honest mistake in the proposal or the contract, or agrees to something in the client’s interest that he or she is not sure of, only to find out after further study that the agreement is deleterious to the landscape architect, the first thing to do is assess the seriousness of the mistake. If the mistake is not too serious, decide if you can live with it and continue negotiations in a positive manner. If the mistake is honest, and the landscape architect can’t live with it, try to retract the error. If the client is reasonable, there may be no problem. If the client insists that the landscape architect hold to the agreement, the landscape architect will have to decide if it is a deal breaker. If you make a mistake and decide to honor it, let the client know you are aware of the mistake and are willing to live with it. Doing so will retain as much goodwill in the negotiating process as possible, and your client will respect you for it. The client may even soften and ultimately restructure the element of the agreement to be favorable to both parties as long as the landscape architect is honest and credible. Besides, there may come a time when

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you are working with the same client and the client makes a mistake and wants to renege. You can get in the very gracious position of returning the favor. Getting the Fee You Want

One of the toughest negotiating points for landscape architects in the contract for professional services is the fee. Getting the fee you want can be exasperating at times, especially if the prospective client views professional services as a commodity. Regardless of everything one hears about not negotiating on fees, it is done on a regular basis. Competition on a fee basis historically has been an issue among professional landscape architecture firms, as well as among allied professionals. Clients are for the most part fee sensitive and want to know that they are getting the best services for the lowest price. The landscape architect can incorporate some helpful measures into his or her approach to contracting professional services and negotiating contracts to get the desired fee. To start with, the landscape architect should be very aware of the scope of work and the scope of services that the fee is based on. It is difficult to defend a proposed fee if the landscape architect is not clear about the scope of services and the hours estimate that the fee is based on. This is one of the reasons I am a strong advocate of including a thorough, accurate, and step-by-step scope of services, as well as the actual hours expected to be used on each item of the scope, in the proposal and agreement with the client. This type of scope is illustrated in Figure 9-2. Writing a general paragraph that says the landscape architect will carry out the services necessary to produce a site plan leaves a great deal to the imagination of both the professional and the would-be client. Because landscape architects are selling intangible services, they need to make the services seem as real and definable to the client as possible. In the client’s eyes, the landscape architect’s price is too high unless proven otherwise. Another approach is to sell the value of the services. What helps here is differentiating the services provided by the landscape architecture firm from those if its competitors. The more that the firm’s track record is a match to the needs of the client, the greater is the differentiation of the firm. The more the firm can identify problems that need to

be solved and suggest solution options, the greater the differentiation from its competitors. In order to get the fee the firm wants and get hired to do the work, the client has to feel there is a value to the professional services. Absent the differentiation and creation of value, the client will view low cost as the deciding factor when viewing proposals between several firms. Remember some of the following points when presenting and negotiating a fee: ■

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Sell experience. A good way to sell experience is to recapitulate your experience with the same or similar projects. This establishes a confidence level in your client. Sell benefits. Similar to experience, you can tell your client the benefits of engaging your services. You may have an excellent track record of successful rezoning projects and a good rapport with the local planning and zoning staff. The benefit to a client with a rezoning project is that you are more likely to get his or her project rezoned without a hitch. Sell value of services. One of the best arguments for selling value of services is that your client can use the construction documents to receive competitive bids. You can point out the success other clients have had with bidding your plans. You can illustrate how detailed your plans are, which allows contractors to bid your plans more competitively. Sell the quality of your completed projects. A good way to convince your client of the quality of your completed projects is by mentioning the awards you have won. Another way is to obtain and use letters of reference from satisfied clients. Sell pride. Let the client know how proud of your work you are. Present your proposal with enthusiasm and gusto. Tell the client how your design work and the completed project will enhance his or her pride in ownership. Sell uniqueness. Every project for a landscape architect is different. Each has unique design criteria and design responses. Tell your client that he or she will have a one-of-a-kind project—a project that no other client has. Sell service. Let the client know that you will stand by your work and will make right any

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problems that may occur. Always remember that service is what the landscape architect sells, and attention to serving the client is a primary motivation (Fuller 1991). Because you know that most clients are fee sensitive, you should invariably propose a fee that is the maximum amount you would like to receive for the project within reason and based on general prevailing professional services rates. At the same time, have a bottom-line fee in mind that you are not willing to go below. If you have this range in mind, then somewhere between the high and the low fee will work for you. One way to counter the issue that your client feels your fee is too high is to advance the notion that your fee, if anything, is too low. People love bargains, and if you can convince your client that he or she is getting a bargain, your fee may stay intact as quoted. One approach is to let the client know that your firm is contemplating a raise in hourly billing rates. By signing the agreement for professional services now, the client can avoid the increase in fees that would occur with the increase in hourly billing rates. You might also indicate that your competitors have raised their fees. You might be able to base your argument on the fact that inflation is driving up fees and costs; therefore, the client is getting a good deal at the fee you have quoted (Fuller 1991). Another important element to remember in negotiating with a client who has received more than one proposal for the same project is to remind the client to compare apples with apples. Make sure that the client carefully matches your scope of services, hours estimate, and fee with your competitors’. Also, make sure even before submitting a proposal that you are competing against firms that are relatively similar to yours. If you find out that a prospective client with a residential community planning project has invited two local firms, one of which is yours, and a third firm that is headquartered out of the state and has a multistate practice, this might be a case of comparing apples with oranges. You also can brainstorm the client’s project, trying to identify ways to save the client money in construction costs while not reducing the quality level of the project. This approach is called value engineering and is frequently carried out after a project

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has been bid and the contract for construction has been let or is imminent. The process also is valuable in the fee-negotiating process because the landscape architect shows an interest in the client’s costs, and everyone wants to save money. If you can come up with several ways to save money without compromising quality or safety, the client may be happy to hire your firm and pay the fee you have requested. Recognize the importance of negotiating to the business aspects of landscape architecture. Read books on negotiating and obtaining consensus. Identify Web sites that can be helpful. Attend negotiating seminars and workshops. Develop standard responses to negotiating tactics and have them at hand for use in negotiating situations.

Negotiating Strategies When negotiating with a client, an employee, a lender, or any other person in the course of professional practice, being aware of tactics that may be used in negotiating with you and how to counter them can be very useful to the landscape architect. The following sections discuss some of the more common tactics. Winner Takes All

Some negotiators take the position of giving as little as possible and taking as much as they can get. They establish points that they want at all costs and are not willing to budge an inch. They stick to their position. If any alternatives are presented, the alternatives are merely the same points they initially presented, repackaged in a different way to achieve the same end result. If you are negotiating a renewal of your operating line of credit and the lender wants to increase your interest rate from 1.5 percent over prime to 2.5 percent over prime, the lender may say that the bank wants your business, but the proposed rate increase says otherwise. The lender may have a number of reasons why the bank wants to raise the rate. You counter that times are good for the banking industry and record profits are being made because the interest rates banks are paying are low and the interest rates they are charging are high. The bank counters with an alternative proposal that you pay

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the rate of 2.5 percent over prime on a balance of $50,000 or below, and the rate will drop to your present rate of 1.5 percent over prime on balances over $50,000. The alternative is their final offer. If you agree, the bank will have successfully negotiated a .5 percent average increase in your lending rate in spite of the claims you have made. You may have to recognize, however, that this is the best deal you can negotiate. Knowing when you’ve reached the best point in the negotiating process is a skill, somewhat like a sixth sense, that the landscape architect must cultivate. In this case, you must be aware of your alternatives. You would probably shop around and obtain quotes from other banks to develop ammunition for further negotiation to try to retain your present terms with the bank. If all else fails and the bank continues maintaining its winner-take-all attitude, you can elect to move your account to another lending agency that is willing to match your present interest-rate charges. Under the winnertake-all approach to negotiating, the landscape architect must know when to walk away, but be sure to cover his or her bases and have a reasonable alternative to move on to (Economy 1994). Win/Win

Almost everyone has heard of the win/win strategy to negotiating. This approach is used by two parties intent on working together. They want to resolve any issues that need to be negotiated so that each leaves the negotiating table feeling good. Win/win tactics in negotiating involve creating mutual gain in the negotiating process, or at least giving minimal or no cost concessions. Establishing a win/win philosophy up front with your negotiating partner is the initial posture that must be agreed to by both parties. Problems occur if negotiations break down or one of the negotiators perceives that the other has abandoned the win/win strategy during negotiations and becomes stubborn on one or more points resulting in a winner-takeall or a take-it-or-leave-it attitude. A key to win/win negotiating is honest and open communication. If the landscape architect lays all of his or her cards on the table in negotiating a contract for professional services and the prospective client deals only half of his or her deck, the landscape architect will be playing with half a deck in

negotiating with the prospective client. Both parties in a win/win approach to negotiating must work together with mutual trust. There is no real counter to a win/win approach to negotiating because both parties endeavor to end negotiations satisfied that they have won everything they wanted or made low-cost or no-cost concessions in exchange for obtaining all they wanted (Fuller 1991). Good Guy/Bad Guy

This negotiating method involves teamwork. The scenario starts with the opposing negotiator’s bad guy suddenly going ballistic, slamming the table, and saying that the proposal being offered by the landscape architect is totally unrealistic and that the fee is way out of line. The bad guy raises his voice and rants and raves about every aspect of the proposal or the terms of the contract. He storms out of the room, saying there is no way that his side will sign the agreement. After the bad guy has carried on and made the landscape architect feel like he or she should have stayed home, the good guy on the opposing negotiating team enters and is sympathetic to the landscape architect’s position. The good guy apologizes for the actions of the bad guy. The good guy informs the landscape architect that he feels an agreement can be reached. He suggests a number of compromises that usually benefit the opposing negotiating team and suggests that if the landscape architect can agree, they will be able to wrap up negotiations and get on with the project. The landscape architect may have been intimidated by the explosive actions of the bad guy and acquiesce to the points offered by the good guy. There are two ways to counter the good guy/bad guy approach. The first is to adopt the good guy/bad guy posture yourself. Counter the bad guy with your own brow beater so that the good guy’s entrance is tactically blunted. You may then be able to bring on your own good guy and obtain the negotiating points you want from your opponent because you have outmaneuvered him. The second way to defuse the good guy/bad guy approach is to listen to the bad guy, announce that it is clear the opposition is not willing to negotiate in a calm and nonadversarial approach, and insist on negotiating with another representative of the

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opponent. If the opponent refuses, the landscape architect must be willing to break off negotiations until a reasonable negotiator is found to represent the opponent. Team Approach

The team approach is used in an effort to overwhelm the opposition. I have actually seen landscape architects use this tactic effectively when arguing for a major development project that has a great deal of controversy associated with it. The firm will bring in a team of specialists, each with a string of credentials a mile long. Each will tell of the benefits of the project and how the plan will benefit the city or neighborhood. Team tactics are also used when the landscape architect is on the other side of the line. Negotiating a big contract with a large corporate client is a typical situation when team tactics can be used against a landscape architect. The landscape architect may first run the gamut of lower middle managers, each with a small vested interest in the project. During the interviews, the landscape architect may feel he or she is being tested and scrutinized to see if he or she fits the corporate mold and if the landscape architect’s prior experience and completed projects meet the image the corporation is seeking. If the landscape architect makes it past the middle managers, he or she will go higher up the corporate ladder to vice presidents, and ultimately up to the CEO and possibly the board of directors. This team tactic is spread out over time, but one can be sure the interviewers are talking together and constantly evaluating the personalities representing the landscape architecture firm and how the landscape architects handle themselves. Confronted with team tactics in the negotiating process can be overwhelming to the landscape architect. There are two ways to effectively counter the team-tactic approach. One way is to prepare your own team of experts and use them wisely. Match your team and its specialties carefully to counter the opponent’s team of experts. The second approach is to take the heroic approach, facing the team alone. In this approach, the landscape architect must be well prepared and exude a considerable degree of confidence. If the landscape architect can keep winning the confidence and approval of the opponent’s specialized

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team, negotiating victory will be sweet, if it occurs. In this approach, try to space out the negotiations, taking on only one or a small group of the opponent’s specialists at a time. By spacing out the negotiations, you will have time to prepare between each negotiating session (Economy 1994). Use Time as a Weapon

Using time as a negotiating tactic is a very old and often-used approach. Time can be used in a number of ways, but the most common ways are to limit time, creating a short deadline to the negotiating process, or to use the technique of stalling or delaying a decision. Salespeople often use the time limit as an effective tactic. In this approach, the salesperson says that an offer is good only for a certain length of time and lets you know that at the end of the time period the offer will no longer be good. A classic example is the phone call by a salesperson who wants to let you know that a product that you may use in bulk or volume, such as plotting paper, is available for a limited time at a deep discount—but, of course, you will probably be required to purchase a supply large enough to keep your firm in plotting paper through the next century. Your best bet for countering the time-limit tactic is to call the salesperson’s bluff. The time limit may be real or may not be real. It may apply to the volumes the salesperson has said must be purchased, or you may be able to negotiate a substantially smaller volume for the same or a slightly higher price. A factor that enters your consideration is cash flow and your own projections of how much of the product you will need in the near future or how important the purchase is to the operations of your firm at the time. The other technique for using time as an advantage is to stall, obstruct, delay, or ignore. The landscape architect may encounter this technique after presenting a proposal for professional services. It is one way to gauge how serious a client is about the proposal. It can also be used by the prospective client to get concessions or additional work for the proposed fee because the landscape architect gets nervous and believes that by making concessions he or she will ultimately secure the contract. Stalling should alert the landscape architect that the prospective client may be fishing

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for concessions, obtaining competitive proposals from other landscape architects, is unsure of the project or its funding, or, if the person negotiating is the client’s representative, he or she may not have the authority to make decisions on behalf of the client (e.g., if it is a corporation or a government agency). The stalling technique works best when the person using it has leverage. If the project a landscape architect is seeking is a real plum, an exceptional design project, and if the prospective client knows it, the client has leverage. On the other hand, if the landscape architect has an excellent reputation for a particular type of project and is busy at the time, the landscape architect can use stalling as leverage if he or she perceives the client really wants the firm to do the project. To counter the stalling technique, the leverage must be removed as a negotiating weapon. The landscape architect prepares as many alternatives and options as possible to counter the delay tactics. If the client says there is an interest in using the firm, but the contract can’t be let for 6 months, the landscape architecture firm may counter with the fact that it needs to start the work immediately because it has another large project coming online in 6 months. If the client wants to delay because funds won’t be available for 6 months, the landscape architect may suggest that a small initial phase of the project for a low fee can be initiated immediately and the bulk of the work can take place later when the client’s funding comes online. The more counters to the delay tactics, the better. If the landscape architect’s counter tactics don’t seem to be working, the landscape architect also needs to know when to cut the losses and move on to other job-development opportunities (Economy 1994). Take It or Leave It

One of the most unpalatable negotiating approaches is the ultimatum—take it or leave it. No one likes a gun held to his or her head. “It’s my way or the highway” has made the hair on more than one person’s back bristle with resentment. In the takeit-or-leave-it approach, one party presents a proposal or an offer and indicates that the offer must be accepted exactly as it has been presented or the deal is off. This approach is used by a winner-take-all

negotiator. Even if the loser accepts the take-it-orleave-it deal, resentment and even anger is likely to color the relationship throughout the duration of the contract. There are ways to counter the take-it-or-leaveit offer. First and foremost you must be willing to walk away from the potential contract in a clear and decisive manner. You may want to evaluate the takeit-or-leave-it offer in several ways before you walk away. For example, your firm may need the work, and the reality of staying alive may be an incentive to take the offer. Another approach is to call the bluff to see how inflexible the prospective client really is. You may ask yourself if your competitors would be willing to engage the take-it-or-leave-it offer (Economy 1994). Another approach is to talk through the ultimatum and ignore it. If the client stays in the game, you may realize that the client is not as hard and fast as implied in the take-it-or-leave-it offer. Real negotiating might ensue, and you may be able to negotiate a win/win approach to the contract. You must be in a position to walk away from an ultimatum. If you take the position to walk away, your prospective client may often engage in realistic negotiations. One of the rewards of walking away from the my-way-or-the-high-way negotiator is the self-respect gained by knowing that you won’t be bullied into a lopsided agreement. You may even gain a reputation of being a hard-nosed and honest negotiator with a high degree of integrity in your landscape architecture business community (Fuller 1991).

Forming an Agreement The best part of negotiating a contract is coming to the realization that an agreement is imminent. Knowing when you’ve reached the point where both sides feel comfortable with the outcome of the negotiating process can be very exhilarating. It has brought a big smile to many a face and given rise to many high fives and fist bumps. When you know you’ve reached an agreement, especially a win/win agreement, the project can get off to an auspicious start on a firm foundation of mutual respect and trust.

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Defining Areas of Mutual Agreement

Identifying Areas of Disagreement

One of the first things you can do when negotiating a contract for professional services (or any other contract, for that matter) is to identify the areas of mutual agreement that you share with your negotiating partner. When the going gets tough in the process of negotiating those points that you don’t agree on, you can come back to those areas where you agree. The points you agree on are a foundation upon which to build the rest of the agreement point by point until you concur on all of the points that need to be negotiated in the proposal or contract. Establishing the areas of agreement and building on them is a great way to build the trust and appreciation of the other party as you negotiate a contract. By adding to the points you agree on and by reiterating these points, you will be able to build momentum that will help to carry you and your negotiating partner through the process. In addition to building the points you agree on, you should keep track of concessions made by each of you, because the act of making a concession is in effect agreeing with the other person. Another important point to agree on is that you both have a goal of forming an agreement that is mutually beneficial to each party. You might also have a common goal of establishing and fostering a long-term professional relationship. Longterm relationships with clients are highly valuable to a landscape architect because the majority of work a landscape architect obtains is from callbacks and referrals by satisfied clients with whom the landscape architect has nurtured a successful and trusting long-term relationship. The professionalclient relationships that have the greatest value and pay off with a steady stream of projects are the longterm relationships. A cornerstone to successful negotiation is agreeing to agree. After you identify those points that you agree on and those points you or your negotiating partner are willing to concede to, you may want to consent to and affirm your desire to reach an agreement by agreeing to agree on the remaining points. Avoid focusing on any conflict or fears that you may have by orienting your focus on agreement and mutually beneficial negotiation (Economy 1994).

When you and your client or negotiating partner have identified all the areas where you agree, you may find that you have evolved into a mutually agreeable posture. You may also find that you have some points that you disagree on. Turning these points of disagreement into agreement is always the most demanding part of the negotiation process. To resolve disagreement, the first step is identifying the areas where you disagree with your negotiating partner. You carry out this step of the process alone and independent of your negotiating partner. Consolidate the areas of disagreement. Write them down. Rank them and prepare an arsenal of options to offer that you are willing to live with. This process of brainstorming alternatives to the areas of disagreement can be facilitated by discussing them with your partners and managers if you work in a large office. If you are a one-person office, you may want to ask a trusted friend, your spouse, or another professional, such a your attorney or insurance broker, to allow you to bounce your ideas off of him or her. Outside input can be extremely beneficial. By ranking the areas of disagreement, you may determine that there are one or more points that you cannot compromise on or concede to. You may feel, for example, that the fee you are asking for the proposed services represents the true value of the services and you are not willing to reduce the fee unless reductions in the scope of work or scope of services are negotiated. Armed with your ranking of the areas you disagree on, your alternatives, and your resolve to hold firm on those areas in which you cannot compromise, you reinitiate the negotiation process with a give-and-take frame of mind. You use your alternatives and approach the areas of disagreement with proposals aimed at achieving agreement so that both you and your prospective client are willing to accept the negotiated alternative and be able to live with it. During this process, you must remain alert to the concessions that your opponent is willing to make. You may find that he or she wants a concession that is palatable to you, and by giving the concession, you are setting up a frame of mind for your negotiating partner to give you concessions that you want.

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One thing that can always get in the way at this point in the negotiating process is your ego. At all costs, avoid ego battles. You must keep your focus on the goal of obtaining a mutually acceptable agreement. If your ego gets in the way, it can lead to a serious breakdown in communication and threaten the trust you have built up in the negotiating process.

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After you have established areas of agreement and both sides have made concessions, if one or more points remain in deadlock, there are several approaches that you can take to deal with the stalemate. If you cannot break the deadlock, all the hard work at negotiating, all the anticipation of reaching agreement, and the potential reward of working on a new project or achieving a loan you very much need may be in vain. You may use some or all of the following tactics to resolve the deadlock: ■

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but propose significant concessions in other areas. Revisit the points that you have agreed on. Summarize all the points you’ve successfully negotiated. This process will hopefully reinvigorate the negotiations and allow the negotiating partners to come to terms on the deadlocked point or points. Offer a new point that may make the deadlocked agreement more attractive to your negotiating partner without making any further concessions. Attempt to engage your negotiating partner in a discussion that brings a different or new perspective to the deadlock. Use logic, intellect, objectivity, analysis, meeting of the minds, and other techniques designed to deal with the deadlock in a mature and intelligent way. Use some of the negotiating techniques mentioned earlier. Bring in a surprise specialist who is prepared for the deadlock with a compromise backed up by hard facts and extensive experience in dealing with the deadlocked topic. A neutral third party can often save the day and obtain a successful conclusion to the negotiations. This approach is similar to using a professional mediator for dispute resolution. When all else fails, withdraw. Break off negotiations. You can break off negotiations by giving your negotiating partner a deadline. This technique is a gamble. It can test the resolve of your negotiating opponent and may bring him or her back to the table determined to succeed and reach agreement by the deadline you have set. It also can result in negotiations breaking off entirely, the loss of the contract, and the loss of a great deal of time and money involved in the negotiating process. Bring in your partner, if you have one. When negotiations deteriorate, the interpersonal relations between you and the person you’re negotiating with also tend to fall apart. Substituting new negotiators on one or both sides of the table can sometimes breathe new life into the process and result in an agreement (Economy 1994, Fuller 1991).

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Knowing When You Have Reached an Agreement

Once the agreement has been finalized, the first thing to do is shake hands if you’ve concluded the negotiations in person. Regardless of how legal implications and formal, written contracts have become the cornerstones of today’s contracts, there is something about the good old-fashioned handshake that says a lot about the mutual respect, trust, and goodwill that has been created through the negotiating process. To most people, the handshake still signifies a personal bond that the agreement will be executed according to the terms hammered out. Whether the meeting is in person, on the telephone, or through email communications, the last step in the process is to confirm any and all concessions or points that are different from the items made in you or your negotiating partner’s proposal. You can handle this with a verbal recap and concurrence. Thank your prospective client or the representative of the party you’ve been negotiating with. The last step is to confirm the negotiated agreement by drawing up a contract for your client to sign, or to review carefully a contract written and presented by a banker, an employee, or a prospective partner if the negotiations involve something other than a contract for professional services. If the negotiations are for a professional services contract, I recommend that the landscape architect always offer to be the one who writes the final agreement—the contract. Taking charge of writing the final document allows you to put the items agreed to in your own terms. You can use contract language that is in your favor with the exception that you would never renege on any of the points you have negotiated. Be careful to write any of the negotiated terms so that they truly reflect what you have agreed to. Submit your contract to your client and let him or her know that you will commence work when you have received a signed contract for your files. If the client has objections to any specific wording, you will find yourself back in a negotiating posture. Usually, the negotiating at this point will be over minor wording, but you still have to remain wary that any proposed changes by your client may alter the meaning of the way you have written the contract. When wording issues occur, they can be

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focused on intently because they are concrete at this point. You should keep a very detailed file of the negotiation process as it has occurred, which can help you in resolving issues with your client over wording. This is easy to do if you are communicating by email. If your negotiating file is detailed and thorough, you may be able to go back into your negotiating records and remind your client of exactly what he or she agreed to as you have interpreted it in the written contract. Being able to refer to your prior emails or handwritten notes may not only resolve the problem but also prevent the possibility of losing the contract at the last minute because your client has a problem with details in the wording (Fuller 1991).

Learning from Your Mistakes No matter how hard you try, no matter how clearly you negotiate, no matter how much you want a project, there are times when it just wasn’t meant to be. When you don’t get the project, the most important thing to do is accept the fact and go on with your professional life. There will be other opportunities, other clients, and a wide range of proposal, negotiation, and contract possibilities. You will learn from proposals that go nowhere, from negotiations that end with no project in hand. I remember a time that I wanted to design a particular entry feature, open-space areas, and a common recreation center for a high-end, upscale townhouse project. I was asked to submit a proposal and found out that I was competing against only one other landscape architect for this plum of a project. Fifty percent odds seemed good to me. I worked very hard on the proposal. I thought my presentation went well, and the client was receptive. There seemed to be little about my proposal, fee, scope of services, and terms that the prospective client had any problem with whatsoever. I was disappointed and resentful when I didn’t get the project. After digging a little deeper into the background of my competitor, I found out that he was married to the client’s niece. From that proposal process, I learned to always find out as much about my competition as

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possible. That project just wasn’t to be for me. The very next day, I was on to another lead that turned out to be one of the most successful design projects my firm has ever completed. I also learned for the first time not to dwell on the negative, but to always try to live in the solution instead of the problem. A business colleague of mine would sum it up in one word: “Onward!” One of the worst things you can do is feel sorry for yourself and dwell on the fact that you negotiated poorly or didn’t hit it off with the prospective client. Indeed, one of the main reasons why many agreements are not consummated is because there is a personality difference between the landscape architect and the prospective client. Whereas you will undoubtedly have many successes in the business practice of landscape architecture, you will have failures, too. Take the time to learn from the process you pursued. Learn from your mistakes and learn from your successes. Make adjustments in your process of becoming aware of a prospective client or a project, submitting a proposal, negotiating an agreement, and writing and consummating a contract. Another good way to learn more about what you did right and what you may have done wrong in many proposal processes is to get a debriefing from the prospective client. If you ask a private client how the decision was made and why your firm wasn’t selected, nine times out of ten, the client will let you know where you fell short and where a competitor was better suited to his project. Most public procurement processes make a debriefing available after the contract has been awarded. The landscape architect should take advantage of a debriefing in the public procurement process. Usually, the other SOQs or proposals can also be viewed at the debriefing. Looking at what your competition did can be eye opening and provide many ideas for improving future submittals. In summary, here are some of the best rules of thumb gleaned from years of private practice and from several excellent references on negotiating:

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Always plan your proposal, negotiating, and contracting process. Always assess your opponent’s strengths and weaknesses, as well as your own. Anticipate your client’s position to your proposals. Always negotiate with the right person. Identify all the points where you agree in the proposal, negotiating, and contracting process so that the negotiating process is focused ultimately on resolving areas where you don’t agree. Always treat the other party with respect. Make your word your bond. Develop trust with a client. When you are developing a client and negotiating for a project, always keep your emotions in control. Be confident. Prospective clients have confidence in confident professionals. Be enthusiastic. Show interest in your client and the project. When negotiating a specific point, always have an alternative or a plan B. No matter what your asking price, you can ultimately obtain only the fee that the client is willing to pay. To counter a client’s negotiation tactics, you first have to be able to recognize them. Always eliminate services when a client wants you to reduce your fee. Avoid agreeing to a contract that holds your client harmless for any and all damages that may occur with the project. Always do your homework. Always research information about your client, your client’s company and the project on the Internet. You also can check social and business networking sites. Get all the issues on the table before making any compromises. Always write the contract if the option is open. One of the best ways to handle a take-it-orleave-it ultimatum is to ignore it. Use time wisely in the negotiating and contracting process. Always strive to create and nurture trust, cooperation, and honesty in the proposal and contracting process.

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Remember that almost everything is negotiable. Be aware of general market and economic conditions and how these might affect your proposal, the negotiations, and the development of the contract. Successful negotiators neither avoid conflict nor encourage it. They manage conflict. Always write a thorough, detailed and complete scope of services. Be up front about the estimate of hours you make in the proposal. For every concession you make during the negotiating process, always get something in return. Don’t make concessions easily. Don’t let your ego get in the way of negotiating a successful deal. Always expect to make concessions, even if you end up making none. Make it easy for your prospective client to say yes. Have a flexible attitude when negotiating. If you are confused about a contract point or a negotiating position, take time to study it and seek knowledgeable counsel. Never commit to something you do not understand. Anticipate your prospective client’s objections to your proposal or contract. Always have alternatives and options ready when negotiating a proposal or a contract. Read and study negotiating literature. Make yourself a negotiating expert. Always think of the negotiating process as developing a relationship. Nonverbal communication, both yours and your negotiating opponent’s, is important. Timing can be everything in the proposal, negotiating, and contracting process. Negotiating is a listening process. Use technology. For example, email is a terrific aid to the proposal, negotiating, and contracting process. Win/win negotiating means finding ways to create mutual gain or give low-cost or nocost concessions. Bargaining is the process of exchanging one element of the proposal or agreement for another.

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Never be afraid to say you don’t know how you feel about a negotiator’s proposal and that you need time to think about it. Don’t underestimate the power of team tactics in negotiating. Bring your partner if you have one. Keep good notes throughout the proposal, negotiating, and contracting process. Put everything in writing. Save all your emails. Agreements are the result of both sides realizing it is in their best interest to agree rather than not to reach an agreement. Smile. It can be contagious. (Economy 1994, Fuller 1991, Schoenfield 1991, Greenwood 2006)

Important Elements and Useful Contract Clauses You’ve made your proposal. You’ve negotiated the agreement. Now you must write the contract. There is a wide range of contract elements and clauses that the landscape architect can use to prevent or mitigate problems that may and do occur in carrying out professional services. There are a number of excellent guides that are useful and meaningful to the landscape architect in preparing a contract for professional services. The standard association contracts, such as the AIA contracts and their accompanying instruction sheets, are very helpful. As mentioned earlier, these standard contracts and other contract reference sources are available on line at www.aia.org. Another helpful guide is published by the XL Insurance Company, which took over the DPIC Companies in 2004 and is available for firms that secure professional liability from XL. The XL guide is Lessons in professional Liability—A Loss Prevention Handbook for Design Professionals edited by Sheila A. Dixon. The Design Professional group of the XL Insurance companies offers innovative professional liability insurance programs for architects and engineers. The XL Insurance company offers courses exclusively to policyholders that are designed to make the professional aware of where the risks lie and to provide tools and tactics to address those risks. Policy holders can earn 10 percent discount

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per year on premiums. Most professional liability insurance companies (such as the professional liability insurance program geared specifically to landscape architecture practice available from Leatzow & Associates) also offer guidance in developing contract language and business practices to avoid or limit risk. In the remainder of this chapter, I have attempted to concentrate on those contract elements and clauses that I feel are of paramount importance to the successful development of landscape architecture contracts for professional services.

Dispute Resolution The longer a landscape architect stays in practice, the greater the chances he or she will inevitably be involved in a dispute related to execution of the contract for professional services, errors, and omissions on plans, a construction incident, or a third-party lawsuit after a construction project has been completed. No matter how careful the practitioner is in carrying out professional landscape architecture services, the law of averages favors a dispute occurring sooner or later. There are a number of methods for resolving disputes, and the specific method that is to be used can be written into the contract for professional services. The principal methods of dispute resolution are (1) legal, adversarial methods (these include litigation and arbitration) and (2) paralegal, nonadversarial methods (these include voluntary discussions to reach mutual conciliation and binding or nonbinding mediation). Legal, Adversarial Methods

Litigation is the legal process of suing another party. Litigation is frequently chosen when the parties are in a seriously adversarial dispute that may involve significant loss in millions of dollars, or bodily injury, or where significant legal matters may be an issue. In adversarial cases, a judge may be the only person capable of handling the case with the binding authority to bring forth a reasonable and fair decision. Litigation also may result in a jury trial. Litigation should be elected as the method of dispute resolution only if other less adversarial options cannot be engaged or have been engaged

and failed. The landscape architect may not have a choice in the matter. If a lawsuit is brought against the landscape architect, he or she will be obligated to make a defense. Litigation is said to be the most costly method of dispute resolution. It also tends to be a long and time-consuming process, often involving years of interrogation, depositions, legal maneuvering, and legal costs that may be beyond the financial capability of the landscape architect. The legal fees ultimately may become a moot point if the landscape architect wins a judgment and recovers legal fees as part of the judgment. The capability to assess the likelihood of winning a case and recovering attorney’s fees is a decision that needs to be made in the pre-litigation process. In most cases, lawsuits are settled out of court before the case is ever heard by a judge. Decisions in lawsuits are often economic in nature, made to minimize legal fees and other costs, especially if the case appears to be one that will be settled out of court by all parties to the lawsuit, each having some culpability and responsibility for contributing to the loss. Another fact of life in a lawsuit is deep pockets. All too frequently, the participant with the deepest pockets—with the most assets available in economic resources or insurance protection is the one that contributes the most to an award resulting from litigation. Typically, all parties in a law suit contribute to the award based on the amount of insurance coverage carried by the parties. The best rule of thumb: Avoid lawsuits if at all possible. Arbitration is the method of settling a contract dispute by agreeing in advance in the contract to accept the decision of an impartial person (an arbiter) to resolve the issue after hearing the facts of the parties to the dispute. Arbitration is a method of settling disputes outside of the courts. Arbitration is usually stipulated as binding by both parties in an attempt to avoid litigation. Arbitration was at one time the favored way of settling contractual and technical disputes, but since the mid-1990s mediation has become the preferred first method. If the mediation is unsuccessful, the parties can move on to arbitration or litigation. The AIA standard form of agreement, for instance, now includes a mediation clause that specifies that the mediation be carried out by the American Arbitration Association unless otherwise agreed.

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The complexity of disputes and contractual or technical issues, as well as the cost and length of time associated with arbitration, have increased over time; however, arbitration continues to be an effective method of dispute resolution. One of the main reasons arbitration is effective is because the precise methods and rules are set down in writing in the contract in advance. Paralegal, Nonadversarial Methods

Increasingly, what are now called alternative dispute resolution methods are being advocated by professional liability insurance companies, construction industry representatives, and professional practitioners. There are two basic approaches. The first approach is conciliation where disputing parties agree to talk through the problem, coming to mutually acceptable conciliatory terms. You may be surprised to learn that many disputes, large and small, can be resolved in a reasonable way if you first agree to talk and approach the problem with the notion of agreeing to agree. Thus, the first position to take when a problem occurs, such as a wall or sidewalk or bench that you feel is improperly constructed, is to use your powers of clear thinking and persuasion to come to terms in an amicable way. The second approach, mediation, uses a mediator or facilitator, who is usually a member of the legal or business professions, to focus and direct the dispute negotiations toward an agreeable resolution. Formal mediation is not binding unless and until the parties involved agree to the outcome and sign a formal, binding letter of agreement. The most important point for the landscape architect to remember in approaching alternative dispute resolution is to be constructive and take a nonadversarial, positive attitude into the discussions. One of the biggest rewards of alternative dispute resolution is lower cost. Another is the self-esteem that accompanies successfully working through a tough situation, even when you know it is likely to cost you or your firm a monetary loss. I can personally attest to the effectiveness of successfully mediating a construction contract dispute in 1994. My firm was sued by a city because 500 feet of a sanitary sewer line was installed in such a way as not to drain properly. My firm clearly had some of the responsibility for the mishap. We believed,

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nevertheless, that the city, our civil-engineering subconsultant, the contractor, and the contractor’s on-site layout surveyor had also contributed to the errors resulting in the sewer line being installed incorrectly. Because my firm was the prime consultant, the city sued us to collect the costs of reinstalling the sewer line properly. With a great deal of help from the firm’s professional liability insurance company and after a year and a half of negotiating with the parties involved, I was able to obtain agreement by all parties to engage in nonbinding mediation, hoping to avoid litigation. The monetary stakes were large. Although the actual costs to replace the sewer line correctly were about $50,000, the contractor countersued the city for various other costs associated with the work, primarily downtime for construction equipment. The contractor was asking for approximately $350,000 in damages. Through my personal perseverance, the agreement to mediate meant huge potential savings for the city and my firm. Furthermore, a clause in my professional liability insurance contract provided for cutting my deductible amount in half if successful mediation was used to resolve the dispute. Because the deductible amount that my firm would be responsible for was $25,000, saving $12,500 was in itself an incentive for me to negotiate with the parties involved to mediate a resolution. A considerable amount of time and effort went into finding and organizing documents for the disclosure process that was part of the nonbinding mediation, because each of the three main parties, our firm, the contractor, and the city, was represented by legal counsel. The disclosure and posturing took another one and one-half years. When the big day came, the mediation process was facilitated by an attorney, and it was concluded in one long day. What could have been a $350,000 award under litigation procedures—not to mention another $100,000 in attorney’s fees—ended up being resolved so that my firm was responsible for $18,000 and the city was responsible for $37,000 in mediated awards to the contractor. The intangible results were significantly more important to my firm than the impact of the $18,000 loss, half of which was paid for by the firm’s insurance company. None of the parties to the dispute, including the city and its legal department, had ever worked through a dispute using

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mediation as the preferred approach. As a result of my personal efforts and my positive attitude throughout the process, my firm actually gained in stature with the city. I was viewed as a catalyst working toward a nonadversarial decision and willing to accept my firm’s part in the payout without pointing fingers or harboring negative feelings toward either of the other parties involved. Later that year, when I thought that we would never get another contract with the city department under which the construction problem had occurred, our firm was awarded one of the largest contracts we ever received from the very city department that we had successfully led through the mediation process. The point is that there can be both financial and other intangible rewards of successfully using alternative dispute resolution methods. Mediation is a less adversarial way to resolve disputes, and as attested by my lesson with the city agency, if you ever have a significant contractual dispute, you too may emerge with your client intact and continue to have a healthy landscape architectural business relationship with that client.

Billing and Terms of Payment A landscape architecture contract for professional services should include billing and payment terms. The more precisely the terms are spelled out in the contract, the greater the likelihood of being paid within a reasonable period of time and without disputes related to the fee. One of the business facts of life related to providing landscape architecture professional services—services that are intangible in nature—is that one must trust that the client will be satisfied and will pay the fees. This is not always the case, however, and collecting the fees owed to the landscape architect can be arduous at times. Separating the professional-client relationship from the business practice of getting paid for the services is one of those touchy areas where ethical, business, and interpersonal relationships cross over and can sometimes become muddled. In order to have a greater sense of security about being paid, the landscape architect’s contract must take advantage of legal contractual options available. By including specific billing and payment terms in the contract, the landscape architect can remain as

impartial a businessperson as possible while trying to nurture the interpersonal relationship with his or her client. The key elements that should be included in the contract include the precise fee itself, the frequency of billings, retainer, costs of collection, interest charges on overdue accounts, suspension of work for nonpayment, payment of reimbursable expenses, and any rights available to the firm (such as lien rights) if they are available to professionals in the state where the contract is executed. By defining the terms of payment and billing, the landscape architect’s contract will have the necessary elements to enforce payment from an unwilling client. The contract should include a clause specifying how and when statements will be sent to the client and when amounts owed are overdue. A payment clause, for example, will spell out the frequency of invoices. They may be issued every 3-1/2 weeks (15 times per year), every 4 weeks (13 times per year), or monthly (12 times per year). The terms should state that invoices are payable upon receipt. Amounts owed are typically deemed delinquent after 30 days. The clause can indicate that interest is due and payable on amounts outstanding after 30 days, and that payment received will be credited first to the payment of delinquent interest and then to principal amounts owed. Sometimes the landscape architect needs or wants a retainer, a part of the fees that is asked for up front and is due and payable prior to initiating work on a project. Retainers are typically used for the following circumstances: ■

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The client shall make an initial payment of $ as a retainer upon executing this contract. The retainer will be applied against the first (or final) invoice for services rendered.

The contract can include a clause regarding collection costs or court costs if the landscape architect finds it necessary to enforce the payment provisions of the agreement or any other terms of the contract. The clause normally includes language that entitles the landscape architect to collect from the client any sums due, reasonable attorney’s fees, court costs and expenses in connection with collection activities. The clause should also spell out that the laws of the state in which the agreement is executed shall govern the validity, performance, and enforcement of the agreement. The landscape architecture firm ought to try collecting reimbursable expenses on every contract over and above ordinary overhead expenses. The clause can state that the client will pay the cost of all reimbursable items such as fees, permits, delivery charges, postage, long-distance phone calls, reproductions, photocopies, photographic work, mileage, and other costs directly related to performing the professional services. The clause states that a percentage, usually 10 percent to 35 percent, will be charged as a handling fee for all reimbursable items, including the cost of managing subconsultants. The clause can also specify that the client will pay for all out-of-town travel required to perform the professional services. Another good clause to include is that services may be suspended if the client fails to make payments for the professional services or otherwise breaches any terms of the agreement. The clause should state that the client will be notified in writing if the landscape architect intends to suspend services. The clause should also state that the landscape architect will have no liability to the client for any costs or damages that may result from the suspension of professional services as a result of nonpayment or a breach of the agreement by the client. A cost-of-living adjustment may be included in the contract to cover restarting work in the event that work is stopped by the client for a specific length of time such as six months or more. The landscape

architecture firm would state in the agreement that the firm reserves the right to enforce a cost-ofliving adjustment to the fee to restart the project and to cover such costs as increases in salaries of staff assigned to the project. Another way to handle work stoppages is to add a sentence that says the landscape architecture firm will charge a restart fee of 35 percent of the contract amount if the project is put on hold for more than 12 months. Last, the standard contract terms should call for prompt payment by the client. Ask that the client review invoices and notify the firm of any objection within 10 days, of receiving the invoice. If the client has no objection within the grace period, the invoice is deemed to be accepted by the client. Another measure similar to the prompt payment clause is a statement dealing with the client’s satisfaction with the services rendered. The agreement can state that payment of the firm’s invoices by the client will be deemed as an indication that the client is satisfied with the services performed by the landscape architect and is not aware of any deficiencies in the services.

The Client’s Obligations The landscape architect’s contract must clearly point out any and all responsibilities or obligations of the owner in connection with the requirements of the project. Some of the typical responsibilities of the client often set forth in the agreement are as follows:

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The client shall provide the landscape architect with a program that sets forth the client’s objectives, schedule, and other criteria necessary for the landscape architect to perform the professional services. The client shall provide a budget for the project. The client shall designate a representative to act on behalf of the client. The client shall provide the landscape architect with site surveys, legal descriptions of the property, and information regarding utilities.

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The client shall engage the services of a geotechnical engineer if the services are requested by the landscape architect. The client shall engage the services of other consultants, such as structural, mechanical, and electrical engineers, deemed necessary by the landscape architect or that may be required by state professional registration laws. The client shall provide for testing and evidence that the site has been tested and cleared for hazardous material.

Compliance with Codes and Standards The landscape architect’s contract may state that the professional will provide the customary care associated with landscape architecture services to comply with codes, regulations, and laws related to the execution of the contract. The professional should avoid stating that he or she will comply with all codes, regulations, and laws. By agreeing to comply with all codes, regulations, and laws, the landscape architect is putting himself or herself in a difficult situation. It may be virtually impossible for the landscape architect to know all of the codes laws and regulations that exist. A professional is bound to design to the codes and standards set by local building and zoning codes, as well as to practice the profession with the standard of care practiced by other reasonably competent landscape architects. These are the reasonable assurances a landscape architect can provide the client regarding codes, regulations, and laws.

Excluded Services or Additional Services The landscape architect works with his or her clients to develop a scope of services that is, to the best of his or her ability, directly related to the client’s needs. If the landscape architect determines the need for specialty or engineering consultants is appropriate to the scope of work, he or she requests these services be included as a part of the contract. The landscape architect attempts to develop a thorough scope of work, and the proposal to the client includes all of the services that believed to be necessary and

helpful, culminating in the best possible planning or design process and completed project. After the client reviews the first proposal, and if the client decides to reject some of the services that have been recommended, the landscape architect will revise the proposal and may insert the services the client has decided not to engage or to engage with another party in a paragraph titled “Excluded or Additional Services.” In doing so, the landscape architect ensures that the client cannot accuse the firm of being negligent because it has not informed the client of services deemed to be needed. Some clients may try to reject services during construction and construction administration. When a client refuses construction services, it is customary to include these in the standard paragraph that specifies those services that are additional or excluded from the contract. Here are two example contract clauses for excluded services: 1. The following professional services have been discussed with the client and are excluded from the scope of services. They are considered additional services and will be carried out at the concurrence of the client for additional fees under the terms for additional services covered by this contract. 2. Other services available from the Landscape Architect and applicable to the project have been made known and explained to the client. Where the Landscape Architect has deemed a service needed or advisable, the Landscape Architect has made this opinion known to the client and the client has confirmed his or her opinion that such services are not requested of the Landscape Architect or that the Client has made or shall make arrangements to obtain those services from a source other than the Landscape Architect. These excluded services included: The landscape architect may also consider coupling a hold-harmless clause with either of the above paragraphs to relieve the landscape architect from liability associated with the services the client has rejected.

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Ownership of Documents Landscape architects prepare construction documents that the client specifically uses to construct the landscape architect’s design for that specific project. The landscape architect usually wants to retain the ownership and rights to the construction documents so the client does not use the landscape architect’s instruments of service to build another identical or similar project using the documents prepared for the first project, at least not without justly compensating the landscape architect for reusing some or all of the design plans. The landscape architect has some protection under U.S. copyright laws, which were amended in 1990 by the Architectural Works Copyright Protection Act. The act not only enforces ownership of copyrighted drawings but also protects the actual construction. In addition to the landscape architect’s rights to the design for a specific project, the rights to use spin-offs of the design in future projects need to be protected. If the landscape architect gives away his or her rights to the plans to a client, the landscape architect is not only giving up the rights to use the plan itself but also may be giving up rights to using derivations of the plan at a later date. The landscape architect’s contract should contain a clause specifying that the plans, specifications, and other documents, which are the instruments of service, are to be used solely for the specific project. The instruments of service will remain the property of the landscape architect and the landscape architect will retain all legal rights to the use of the plans and full protection under the U.S. copyright law. The landscape architect should also mark the plans with a copyright symbol. The simple act of marking the plans and other documents with a copyright symbol will protect the landscape architect under U.S. copyright law. Registering the documents with the United States Copyright Office, however, will provide the maximum protection under the law. For small offices, registering the copyright for every project may be too much of an administrative task. Many projects are ordinary in nature, and the basic protection under copyright law may be all that is warranted. A unique design may be worth the administrative chore of filing

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copyright registration. Larger offices with greater resources and those offices that focus their practice on unique and upscale design may decide to register almost all of the firm’s plans with the Copyright Office. Further information about registering copyrights can be obtained from the U.S. Library of Congress, Washington, DC.

Indemnities Landscape architects usually face indemnity clauses in contracts that have been prepared by their clients. In the case when a sewer line designed by a subconsultant to my firm was installed improperly, the city’s contract with my firm included an indemnity clause. The clause effectively indemnified the city and held them harmless for any and all damages, liability, or costs associated with my firm’s performance under the terms of the contract. When the problem was discovered, this clause provided the city’s main line of defense, and my state allows cities to broadly apply and rely upon mutually agreed-upon indemnity clauses as a form of defense. (Some states, on the other hand, do not allow indemnity clauses as a form of defense.) What should you do when you are faced with an indemnity clause in a contract presented by your client? The best approach is to negotiate the provision out of the contract. If you cannot, then try to make the indemnity clause as fair as possible. The approach here is to adopt a mutual indemnity where both the landscape architect and the client agree to indemnify each other for their own negligent acts. The landscape architect should not indemnify the client for the client’s negligence. In the landscape architect’s contracts generated in house, references to indemnification should generally be avoided except in situations where the project has a high risk potential, such as hazardous environmental conditions. There are projects that a landscape architect may face where the environmental risks, especially from third-party lawsuits, are so high that indemnity by the client has to be considered very carefully, and without receiving indemnity, the landscape architect may elect to forgo working on the project (Dixon and Crowell 1993).

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Insurance The landscape architect should include in the contract a paragraph that indicates both the firm and the client will maintain appropriate insurance coverage, including coverage required by law, with reasonable limits of insured protection, and list the coverage and the limits of liability in the paragraph. If the client wants additional coverage, the terms may be dealt with while negotiating the agreement. The landscape architect must learn to rely on the various insurance agents for all assistance with insurance matters. If the landscape architect is using subconsultants on the project, the contracts with the subconsultants should include insurance requirements similar to those identified in the contract with the client. The main types of insurance that the landscape architecture firm will be concerned with in contracts for professional services include the following: ■ ■ ■ ■

Commercial general liability insurance Worker’s compensation insurance Vehicle liability insurance Professional liability insurance

Commercial general liability insurance insures the firm for damages and liabilities that may result from the landscape architect’s general business activities. The insurance covers liabilities that may arise if a person is injured on the firm’s business property or if office equipment is stolen. Many firms carry a commercial umbrella policy that provides additional coverage over and above the limitations set in the general liability insurance policy. Frequently the client will request that the landscape architect have the firm’s general liability insurance company name the client as an additional insured under the terms of the agreement. This is a typical request of insurance companies, and is normally provided by requesting an additional insured form be completed and sent to the client for their files. Workers compensation insurance is required by law and protects the landscape architecture employer and the firm’s employees against injuries that may occur on the job. Worker’s compensation insurance primarily covers medical benefits and wages

lost because of the job-related injury. Most clients may require proof that you have met the legal requirement to provide worker’s compensation insurance. Vehicle liability insurance covers damages and liability arising from accidents that occur while office vehicles are in use. Most clients may only want to have certificates of vehicle insurance coverage in their files as part of the agreement. Again, these are easy to obtain from the firm’s vehicle insurance agent. Professional liability insurance protects the landscape architect from claims based on negligent acts, errors, or omissions that may arise from the performance of professional services. Clients usually want to know that the landscape architecture firm has professional liability insurance coverage and that it is adequate to cover the potential loss that could result from work on the specific project. The client will request a certificate of insurance. A problem can arise if the landscape architect’s professional liability coverage does not seem adequate to the client. The adequacy of coverage may become a negotiating point during contract deliberations. The landscape architect can attempt to persuade the client that the coverage is adequate or may decide to increase the coverage if the contract is important and the client is reluctant to accept a lower level of coverage (Dixon and Crowell 1993). The main insurance considerations to be dealt with in contract negotiation include the following: ■ ■

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The dollar amounts of coverage Any exclusions that may limit or otherwise affect coverage related to the professional services contract Applying coverage requirements to the client, as well as the landscape architect, and the landscape architect’s subconsultants Providing for the transmittal of certificates of insurance from the landscape architect to the client and from the client to the landscape architect

Limit of Liability The landscape architect’s contract should include a limit-of-liability clause, which is intended to put

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a cap on the dollar extent of the liability arising from a construction problem that occurs on the project. The clause attempts to allocate the appropriate amount of risk associated with the landscape architect’s performance of services on the project. A limit-of-liability clause that is often used, limits the firm’s liability to a maximum of $50,000, or to the total of the firm’s fee, whichever is greater. Here’s an example of a standard clause: ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■

PROFESSIONAL SERVICES LIABILITY The firm’s responsibilities in performing the professional services hereunder shall be limited to the Scope of Work and the Scope of Services to be performed as set forth in the agreement. The firm, its agents and/or employees, shall have no liability of any kind to the Client, its agents or any persons having contractual relationships with Client for any acts, errors and omissions of the firm, its agents and employees, which does not fall within the Scope of Work and the Scope of Services to be performed. Client further agrees to limit the firm’s liability to the Client due to the firms negligent acts, errors or omissions, such that the total aggregate liability of the firm to all those named shall not exceed $50,000 or the firm’s total fee for services rendered on this project, whichever is greater.

There may be times when the firm is not successful at negotiating the limit-of-liability clause in the contract. In those cases the firm could offer to increase the limit from $50,000 to $100,000 or more, depending on the construction cost. However, it’s a good idea to always present the limitof-liability clause as a starting point. Many professional liability insurance companies award points and provide decreases in premiums for contracts that include the limit-of-liability clause.

Opinion of Probable Construction Costs For reasons that are not clear, landscape architects are regularly asked to include estimates of construction costs as a normal element of the scope of services to their clients. This is not to say that architects and engineers are not asked to provide

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the same service; they frequently are. In the case of landscape architects, however, the request is either made by the client or even volunteered by the landscape architect. When clients ask the landscape architect to provide an estimate of probable construction costs, they may be implying that the landscape architect must guarantee that the project will not exceed the cost projection. In some public works contracts, the public agency insists on language that requires the firm to redesign and adjust construction documents if the bids are more than 10 percent over the established construction budget and keep making revisions at the firm’s cost until the project is successfully brought in line with the construction budget. Such provisions ultimately may lead to repressed and uncreative design solutions as the landscape architect tries to develop a plan that will not jeopardize the budget, and cost the firm losses in time and money redesigning the project. With a contract clause that limits the liability for the landscape architect’s construction cost projection, the professional can have some assurance that the client will view the cost projection as the best-informed opinion of probable costs that the professional is able to prepare. The landscape architect wants to avoid a client’s claim that critical financing and schedule decisions were made based on the landscape architect’s design approach and construction cost projection, resulting in a dispute. With a properly worded contract clause, the landscape architect is on somewhat safer ground that a dispute will not end up in litigation initiated by the client. One way to approach the requirement of providing an estimate of probable construction costs is not to provide the service as an in-house service, but to recommend to the client that the construction cost projection be carried out by a professional estimating firm. If your client rejects this idea, you may decide to list the cost projection as one of the excluded or additional services rejected by the client. Another approach is to put the project out for bid estimates carried out by contractors when the construction documents have been assembled at the conclusion of the design development stage of the project or at about 75 percent complete. This set of 75 percent complete documents is often referred to as a pricing package. The contractors may be willing

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to execute the preliminary pricing estimates for the privilege of getting a head start on the ultimate bidding documents. There is also the option to pay the construction companies a fee for providing the service and charge it as a reimbursable expense. The contractors can be very helpful in coming up with ways to bring the costs down if it appears that the documents will result in an over budget project. If the client prefers that the landscape architect provide the construction cost estimate as part of the scope of services, a contract clause should be used to achieve two purposes. First, the clause should use the terminology that the landscape architect is providing an opinion of probable construction costs and not an estimate. The clause might further explain that the landscape architect has no control over the pricing methods and the costs associated with a contractor constructing the project. The clause can also state that the landscape architect is not willing to guarantee that the opinion of probable costs will accurately reflect the actual bids for construction (Dixon and Crowell 1993).

Termination Last, the landscape architect’s contract should include a clause that provides for both the professional and the client to terminate the contract. Typically such a clause can be handled very simply by saying that either party may terminate the contract with or without cause. The clause should provide that notification of termination should be in writing with a reasonable time period such as five or ten days notice. As the professional, you want to have the option to terminate the contract for a variety of reasons including breach of contract, fraud, nonpayment of professional fees, extreme changes in the scope, discovery of hazardous site conditions that the client is unwilling to rectify, or a client who is unwilling to pay for recommended special consulting services or additional services not covered under the terms of the contract for professional services. The termination clause should also contain language that requires the client to pay for the landscape architect’s services provided up and to the notice of termination, including the actual costs of terminating work and archiving the project. The

clause would indicate that the client would receive a complete set of all documents and other design products that have resulted from the landscape architect’s involvement on the project.

REFERENCES American Institute of Architects (AIA). 2009a. Document Commentary, B101TM -2007, Standard Form of Agreement between Owner and Architect, Washington, DC: American Institute of Architects. Available on line at www.aia.org. . 2009b. “History of AIA Contract Documents.” Available at www.aia.org/contractdocs/ AIAS076671 (accessed September 12, 2009). American Society of Landscape Architects (ASLA). 2009. “2009 Standard Form Contracts for Professional Services.” Web site www.asla.org/ ContentDetail (accessed September 12, 2009). Arizona Small Claims Division of the State Supreme Court. 2009. Web site www.supreme. state.az.us/info/brochures/smclaims.htm (accessed 9-19-2009). Dixon, Sheila A., and Richard D. Crowell. 1993. The Contract Guide: DPIC’s Risk Management Handbook for Architects and Engineers. Monterey, CA: DPIC Companies. Dixon, Sheila, Ed. 2004. Lessons in Professional Liability: A Loss Prevention Handbook for Design Professionals. Monterey, CA: XL Insurance Company. Economy, Peter. 1994. Business Negotiating Basics. Burr Ridge, IL: Richard D. Irwin. Fuller, George. 1991. The Negotiator’s Handbook. Englewood Cliffs, NJ: Prentice Hall. Greenwood, Mary. 2006. How to Negotiate Like a Pro: 41 Rules for Resolving Disputes. Lincoln, NE: iUniverse. Hauf, Harold D. 1968. Building Contracts far Design and Construction. New York: John Wiley & Sons. Henry, James K., and Jethro K. Lieberman. 1985. The Manager’s Guide to Resolving Legal Disputes. New York: Harper & Row. Hinze, Jimmie. 1993. Construction Contracts. New York: McGraw-Hill. Karner, Gary A. 1989. Contracting Design Services. Washington, DC: American Society of Landscape Architects. Kovach, Kimberlee K. 1994. Mediation: Principles and Practice. St. Paul, MN: West Publishing.

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Metsger, Michael B., Jane P. Mallor, A. James Barnes, Thomas Bowers, and Michael J. Phillips. 1989. Business Law and the Regulatory Environment. Homewood, IL: Richard D. Irwin. NOLO Online Legal Encyclopedia. 2007. www. nolo.com/legal-encyclopedia/article-30247. html, “Contracts 101: make a Legally Valid Contract.” (Accessed 9-6-2009). Poage, Wallace. 1987. Plans, Specs and Contracts for Building Professionals. Kingston, MA: R. S. Means Company. Samuels, Brian M. 1996. ConstructionLaw. Englewood Cliffs, NJ: Prentice Hall. Sharkey, Bruce G. 1994. Ready, Set, Practice: Elements of Landscape Architecture Professional Practice. New York: John Wiley & Sons. Schoenfield, Mark K. and Rick M. Schoenfield. 1991. The McGraw-Hill 36-Hour Negotiating Course. New York: McGraw-Hill. Timpson, John. 1994. The Architect in Dispute Resolution. London: RIBA Publications. Tirella, O. C. “Russ,” and Gary D. Bates. 1993. Win-Win Negotiating: A Professional’s Playback. New York: American Society of Civil Engineers. Wehringer, Cameron K. 1969. Arbitration: Precepts and Principles. Dobbs Ferry, NY: Oceana Publications.

STUDY QUESTIONS AND ASSIGNMENTS 1. Using this chapter and other references, write a paper that illustrates your understanding of the elements that make up an enforceable contract for professional services. 2. Obtain a copy of the current AIA B1012007 document, Standard Agreement Between Owner and Architect. Complete the fill-in portions of the standard form contract using a design project from your studio courses. Review the AIA family of contracts so that you understand what they cover and how to use them. 3. Obtain a copy of the standard contract for professional services developed by the American Society of Landscape Architects at www.asla.org. Complete the contract using a design project from your studio courses.

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4. Having obtained copies of both the AIA and the ASLA standard contract documents, determine when you would use either for a professional contract and for what types of clients. Make a PowerPoint presentation on your findings. 5. Based on your experience completing the AIA standard form contract in question 2 and ASLA’s in question 3, and using the same project as a base, create a self-developed contract for professional services using this chapter and other references. Include specific terms and conditions as part of the contract terminology or as a separate attachment. 6. Using this chapter, Chapter 10, other references, and a design project from your studio courses, develop a proposal for professional services, including a specific and thorough scope of services. 7. Using this chapter and other references, write a paper that illustrates your understanding of the agency relationship between a landscape architect and a client. 8. Obtain a copy of the current AIA C401TM 2007 Standard Form of Agreement between Architect and Consultant. Complete the fillin portions of the standard form contract using a design project from your studio courses that would require a consultant’s services. 9. Based on your experience completing the AIA standard form contract for engaging the services of a consultant, and using the same project as a base, create a self-developed contract for the services of a subconsultant, using this chapter and other references for the landscape architect-developed contracts. 10. Research the difference between limit of liability clauses and indemnification clauses in professional services contracts and write a paper about how they should be included in contracts. 11. Using this chapter and other references, write a paper that illustrates your understanding of the differences between unsecured credit and secured credit.

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12. Obtain a copy of the information necessary to submit a small-claims court claim in your legal jurisdiction. Complete the forms and go through a mock process of submitting a smallclaims court claim. 13. Interview a bank representative about how a landscape architect would apply for an operating line of credit. Obtain copies of the bank’s loan agreement, promissory note, and any other terms of borrowing funds. Develop a proposal for an operating line of credit. Ask the bank representative you interviewed to evaluate your proposal for a loan. 14. Using this chapter and other references, write a thorough and in-depth paper that illustrates your understanding of how to negotiate a contract. Address the fundamentals and techniques of negotiating. 15. Research win/win negotiating and write a paper on how to negotiate using the win/win ap-

proach. Develop a checklist of how to carry out a win/win negotiating process. 16. Using the paper you wrote about your understanding of how to negotiate a contract, and the contract you wrote for question 5, carry out a mock contract negotiation. Pair off in twos. One person should play the role of landscape architect. The other should play the role of the owner. Each role player should negotiate a contract representing the two parties. You may also wish to involve other classmates to role-play the “good guy/bad guy” and the “team” approaches to negotiating. 17. Contact three providers of professional liability insurance. Obtain the information that describes the coverage and limitations of coverage provided by the insurance companies for private practice of landscape architects. Write a paper that illustrates your understanding of professional liability insurance coverage and limitations.

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10

Project Management

he most popular way to organize a landscape architecture office for the delivery of professional services is the project-manager approach, in which the firm designates a project manager (PM) for each project the firm engages. The PM is given full responsibility for managing the project to its successful completion. The project manager occupies a pivotal position in the landscape architecture office and functions for the most part as a jackof-all-trades. To be successful, the PM must be technically competent and have good interpersonal skills. The PM may be a good designer. Indeed, many owners and principals of landscape architecture firms spend a great deal of their time developing their own project-management abilities and nurturing their key project-management staff. The project manager also may be the lead design staff or the project landscape architect. In smaller offices, the project manager is often a principal or senior level employee. In the smaller office, the PM frequently serves as the lead designer and seals the plans. In large offices, the project manager may serve primarily the role of keeping the project on schedule, managing the design staff dedicated to the project, interfacing with the client and agency representatives, and managing tasks so that the project turns a profit. The project manager also would typically handle issues of complaints.

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Planning, organizing, and scoping the elements of a project so they can be managed and controlled. Setting up tracking systems to monitor and control the flow of work, the hours utilized, the money spent, and other resources used to complete a project. Tracking and monitoring a project and developing strategies when a project is over budget. Managing the work flow, the hours utilized, and the costs to maximize profit, or minimize losses, for the firm on every project. Selecting and organizing staff, including subconsultants, for successful completion of projects. Directing and motivating staff for successful completion of projects. Coordinating subconsultants, answering subconsultant’s questions, and providing

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timely access to project information so that subconsultants can do their work. Serving the client and developing a friendly relationship that results in a satisfied client. Providing technical supervision for the project staff. Inspiring the professional staff. Nurturing the staff and promoting professional development opportunities. Coordinating with the firm’s top management, clients, client representatives, and representatives of public and private agencies. Attaining high quality in the planning and design output of the office, including constructed projects, advocating quality in all phases of project work. Marketing the firm by doing a good job with existing clients and selling additional services when opportunities arise. Managing the planning or design effort so that it meets the client’s implementation and construction cost expectations. Taking part in performance reviews of technical staff and peers. Assisting in writing and preparing proposals. Providing technical assistance and input to proposal production staff when submitting SOQs and proposals. Closing out projects. Managing construction observation services.

Chapter 10 describes each of these elements in greater detail.

Planning, Scoping, and Organizing the Project Scope of Services and Work Plan A project cannot be easily managed unless it is organized into manageable parts. The first step in managing all landscape architecture projects is defining all of the tasks in the scope of services and preparing a detailed work plan so that the number of hours

needed to complete each task can be estimated and the execution of each task can be monitored and managed. Establishing the scope of work and the scope of services starts with writing the proposal. Many legal experts and business managers prefer the scope of work and scope of services to be as detailed as possible in the proposal and in the contract. A detailed scope provides not only a good understanding of exactly what services the client is to receive but also a good starting point for the project manager to understand the tasks necessary for organizing the work and completing the project. The scope of work included in the proposal is a written explanation or a description of the actual project in terms of its elements and its budget. The scope of services is a list of the actual tasks and specific services that will be carried out by the landscape architecture firm. The scope of services will include all tasks requiring time utilization so that an estimate of hours can be made for each in order to establish the fee. When the work plan is developed, the PM may need to break the scope of services down into smaller tasks for effective in-house management and control of the project. The work plan is usually developed after the scope of services and the proposal have been accepted by the client and the firm is under contract, because developing the work plan requires time that should be accounted for under the scope of services tasks, under a heading of project management, for example. The work plan also may be developed before the scope of services is written and the proposal is presented to ensure that all of the tasks and subtasks have been identified and that enough hours are estimated for completing the work. For examples of the scope of work, scope of services, and work plan, see Figures 10-1 and 10-2. Once the scope of services and work plan have been fleshed out, the project manager estimates the hours required for each worker category needed on the project, including principal, project manager, project landscape architect, designer, CADD technician, draftsperson, clerical, secretarial, and others who actually will work on the project. The estimate of hours is multiplied by the billing rate for each category of worker to arrive at the fees

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Scope of Work

The landscape architecture firm will provide professional services for the Stoneybrook Apartment Complex, which includes 120 units on 8 acres. The firm will be responsible for designing the site amenities, hardscape, landscape, and irrigation system. The landscape architecture firm will coordinate its work with the Owner’s architect and engineering consultants. We anticipate a probable construction cost of $2,000 per unit for the exterior site improvements, landscaping, and irrigation for a total budget of $240,000. Scope of Services Start-up and Preliminary Design (30% Complete) 1. The landscape architect (LA) will meet with the Owner to establish general design direction and assist the Owner in defining the budget for site amenities, hardscape, landscape and irrigation. The Owner and LA will discuss materials and plants and identify design objectives. 2. The LA will visit the site and carry out a visual reconnaissance to serve as a basis for design. 3. The LA will prepare a base plan and set up computer files for carrying out the work and scope of services. 4. The LA will develop a preliminary landscape plan that meets city codes and ordinances. The LA will submit the preliminary plan to the Client for review and comment. 5. The LA will meet with the Owner to review the preliminary plan and discuss any revisions or changes that the Owner may wish. The LA will coordinate with the Owner’s architect and civil engineer so that the landscape architect’s plans mesh with the building plans and civil engineering. Construction Bid Documents (90% Complete) 1. The LA will develop and refine the site improvement, hardscape, landscape and irrigation plans based on the Owner’s review of the 30% plans and based on coordinating with the Owner’s architect and civil engineer. 2. Construction bid documents prepared by the LA at a 90% complete level will include: A. Site improvements, hardscape design and layout plans. The LA will coordinate with the civil engineer so that hardscape layout will mesh with vertical control. B. Landscape and planting plans C. Irrigation system design and plans D. Landscape and Irrigation installation details E. Hardscape construction details F. Written specifications covering the LA’s work will de prepared at a 90% complete level. 3. The LA will coordinate with the Owner’s architect and civil engineer in order to submit a 90% complete set of plans for review and comment. 4. The LA will meet with the Owner to review the 90% complete site improvement, landscape, and irrigation plans. Construction Bid Documents (100% Complete) 1. Based on the Owner’s review comments and on coordination with the architect and civil engineer, the LA will prepare 100% complete construction documents for site amenities, hardscape, landscape and irrigation. 2. The LA will coordinate the Owner’s architect and civil engineer so that building plans and site engineering will mesh with the LA’s plans. 3. The LA will check and seal the site improvements, hardscape, landscape and irrigation plans as well as the specifications. 4. The LA will transmit 100% sealed and signed plans to the Owner. Services During Bidding and Construction 1. The LA will answer questions during bidding and provide clarification memos or drawings as they may be needed. 2. The LA will assist the Owner in selecting a contractor and awarding a construction contract. 3. The LA will provide in-the-field review and observation of hardscape construction, planting and irrigation installation, and observe the contractor’s workmanship for compliance with the construction documents and the design intent. 4. The LA will prepare field reports regarding the acceptance or rejection of materials or workmanship. 5. The LA will review for approval or rejection field changes in the construction documents. 6. The LA will review all submittals, shop drawings and tests for compliance with the construction documents. 7. The LA will carry out a walk-through for final acceptance and prepare a punch list for the Client. 8. The LA will carry out a review to see if the punch list items are complete and submit a final memo with recommendations for acceptance of the contactor’s work or additional action if necessary. Additional Services Additional services, including but not limited to the following, are not provided under the terms of this agreement but will be provided at your request or concurrence. 1. Presentation renderings, perspective sketches 2. Work that results from the Owner’s changes to approved drawings at 30%, 90% or 100% complete 3. Soil or other materials testing, engineering services, including structural engineering, lighting, and electrical engineering 4. Permitting services 5. Presentations to agencies, boards, neighborhood associations, or city government 6. Any services not included in or in excess of the scope of services above that are provided by the LA at the Owner’s request or concurrence

Figure 10-1. Example scope of work and scope of services for an apartment project.

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Draft Work Plan 1 Project mobilization: A. B. C. D. E. F.

Hold an initial meeting with the Project Task Force. Develop a project mailing list using data base and mail-assist software for the public involvement element of the project. Initialize in-house administrative and project management systems. Assemble and catalog all available project-related data and resources. Identify all project related web sites. Generate the project area base maps using GIS and AutoCAD software.

2 Site Analysis: A. Carry out an in-depth analysis of the historic site and its urban context including but not limited to the following elements. Document the site analysis in written, graphic and GIS formats. B. Identify and map the layout of cultural features on the site and in the vicinity, including written descriptions of the following historic periods: 1. Late Archaic Era: 2,500 to 3,000 years ago 2. Late Hohokam Era: 500 to 1,000 years ago 3. Initial contact: 300 years ago 4. Mission period: 180 to 300 years ago 5. Mexican period: 135 to 180 years ago 6. Early American period: 110 to 135 years ago 7. Late nineteenth century: 90 to 110 years ago 8. Early twentieth century: 50 to 90 years ago C. The cultural resource inventory also will include activities: 1. Locate on the site base map all known historical and archaeological features. 2. Describe and locate all known historical routes through the site. 3. Describe and locate of all known irrigation canals serving the site. 4. Locate historic photographs, maps, and documents. 5. Identify the linkages to other nearby historic sites and resources. 6. Identify and describe the potential for excavation of the site’s historic resources, stabilization, or reconstruction to contribute to interpretation of the site’s history. D. Identify land use, zoning and ownership of adjacent and nearby strategic parcels. E. Identify the issues related to the solid waste landfill over part of the site’s historic resources, including 1. Mapped extent of the landfill in relation to known archaeological resources 2. Depth of landfill 3. Soil conditions 4. Constraints F. Analyze and document circulation and access to the site G. Identify utilities and easements H. Identify and document DEQ and EPA requirements related to the landfill and the historic resources I. Identify and map hydrology and drainage issues J. Identify and map vegetation and habitat resources K. Study visual resources and visual quality 3 Draft Concept Plan A. Prepare a preliminary draft report and concept plan for review. B. Prepare a final draft report and concept plan for public review and comment. The final draft shall be developed based on review comments from the project task force and city staff. The draft concept plan shall illustrate phasing with the ultimate goal of reconstructing the site’s significant historic resources. The plan shall include locations of reconstructed buildings and gardens, park facilities, recreation facilities, management and maintenance facilities, access control, circulation, and parking. C. Develop a projection of probable costs by phase.

Figure 10-2. Work plan submitted with a proposal for a schematic plan for a Southwest United States Mission Cultural Park. This draft work plan would be further refined by the project manager if the firm is awarded the contract. (Continued)

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4 Public Participation and Public Relations: A. Monthly meetings will be held with the project task force for the duration of the project. B. Hold three public meetings. 1. Initial meeting, during site analysis phase, to review the scope of the project and receive public input. 2. Second meeting to present the draft concept plan and receive public comments using a feedback questionnaire. 3. Third meeting to present the final plan. C. Prepare and distribute monthly news releases to proactively articulate the progress of the planning effort. D. Questionnaire mailing: The draft concept plan feedback questionnaire will be mailed to the public and to all contact groups identified on the project mailing list. Analysis of the questionnaire and effected changes on the plan will be documented and included as part of the final plan report. E. Develop a project website for displaying the data and planning information; the concept plans; and an on-line feedback questionnaire that will use an internet-based survey and data analysis site such as SurveyMonkey.com; and other information as deemed appropriate. F. Prepare a public information video presentation about the planning process and the final concept plan. 5 Final Plan A. Based on the task force, staff, and public review, a final plan and report will be developed. The final plan will be executed in presentation-quality graphics suitable for public presentation. The final report shall include B. A summary report of sixteen pages C. A working document report of the entire project D. The consultant will submit camera-ready copy for both the summary report and the working document report.


required. Other elements are included in the actual fee quote to cover reimbursable expenses and the costs of subconsultants. The project manager must also track these costs. The final work plan and hours estimate by worker category is one of the project manager’s main tools for setting up tracking systems and managing the flow of work. For example, if a specific task such as preparing a base plan of existing conditions and setting up xrefs (the common shortened term for “external references”) is budgeted at two hours of the project manager’s time and 16 hours of a draftsperson’s time, the project manager must see that only the budgeted time or less than the budgeted time is actually spent on the task. A note of practicality, however, should govern the preparation of the scope of services and the work plan. Most project managers do not have time to track too many minor tasks or activities. On a regular basis, the PM needs the overall big-picture information about the utilization of time and materials for a project. Detailed information, on the other hand, is most useful when a specific problem occurs, such as spending too much time on a task versus the time budgeted.

Developing a Budget When the scope of services and work plan are complete, the next step is to set the project budget so that the PM can track actual versus budgeted costs in addition to the time and materials spent versus time and materials budgeted. Commonly used methods for developing a budget include the following: ■

■

■

Hours budgeted for each task multiplied by the standard office billing rates charged for each category of worker assigned to the tasks Number of sheets of drawings times an office cost to produce a sheet Percent of time required for each task related to the entire project

In the first method, the PM estimates the dollar costs for each task and then monitors the actual costs required to complete the task. In the second, the PM determines how many sheets will be needed and multiplies by the cost per sheet to determine the total cost. The PM then monitors the actual cost spent in relation to the percentage of sheets

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completed for the entire project. In the third method, the PM determines the cost as a percentage of the total costs based on the percentage that each task is of the total project. The PM then monitors expenses versus budget based on the percentage completed for each task. The hours budgeted times the office billing rate is the best method for tracking the budget because it can be coordinated easily with the time spent on each project.

Setting Up Tracking Systems Monitoring Time and Materials Starting with the final work plan, hours budget, and cost budget, the project manager develops the required tracking systems to monitor the actual time and expenses on a project versus the time and costs budgeted. This can be done by hand for a small project but normally requires the aid of computer spreadsheets or job-costing software for complex projects. The PM constantly monitors the actual time spent, as measured by project time cards or project summary printouts by task, and compares it to the amount of time budgeted. Project summary printouts prepared on a weekly basis either by office administrative staff or by the project manager are vital sources of information for larger projects. A large, complex project may have a fee of $250,000 or more, several thousand hours of time in various categories of labor, a half-dozen subconsultants, and a schedule of 18 months. Without a fairly sophisticated tracking method, a project manager would not be able to effectively manage time and materials spent versus time and materials budgeted. The project manager must be computer literate and comfortable with spreadsheet software to be effective at monitoring time spent versus time budgeted. There is a variety of project-costing and tracking software systems available and a number of spreadsheet programs that are very adaptable for project tracking. One of the simplest methods is to use a spreadsheet to develop a work plan that has

columns for hours estimated by worker category and a set of parallel columns for the actual time spent on each task. By adding columns for subtotals and percentages, as well as using the graphing function of most spreadsheet programs, the project manager can develop very useful tools for monitoring any project. In larger offices, a standard system will be in place and available for each project manager to use. Many offices have software that integrates timekeeping, job-costing, and monitoring systems with financial operations so that the project manager has available a wide variety of printouts of job costs versus job estimates. Some integrated financial and project-management systems provide so many variations of printouts in such detail that the project manager may be overwhelmed with unnecessary information. The bottom line, however, is the need for some type of spreadsheet monitoring method. For an example of a project progress report that is set up for billing periods every four weeks, or 13 times per year, see Figure 10-3.

Controlling and Monitoring the Flow of Work Besides monitoring the time and materials spent versus the time and materials budgeted, the project manager must also control the flow of work and the project schedule. The PM typically uses several good schedule-tracking tools depending on the complexity of the project. In order to track the schedule of a simple project, the PM may need only a list of key dates, such as due dates. To track the schedule of a complex project, the PM may need to use a sophisticated system. Four commonly used schedule-tracking tools are a list of milestone dates, a bar chart, a wall chart, and the critical path method. Project-management software such as Microsoft Project or Primavera is also used. One of the deterrents to using projectmanagement software is the time that is needed to set up the system and to manage the software itself. If the landscape architecture firm has a large enough project where fees can actually be secured for using project-management software, it makes sense to use a more sophisticated method. Also, the more complicated a project is, the greater sense it

477

January 1 to January 26 January 27 to February 22 February 23 to March 22 March 23 to April 19 April 20 to May 17 May 18 to June 14 June 15 to July 19 July 20 to August 16 August 17 to September 13 September 14 to October 11 October 12 to November 8 November 9 to December 6 December 7 to December 31

1 2 3 4 5 6 7 8 9 10 11 12 13

3.7% 10.4% 22.7% 37.8% 53.3% 73.3% 81.6% 82.9% 84.1% 91.8% 98.0% 99.2% 100.0%

3.7% 10.9% 24.6% 40.6% 55.7% 75.3% 82.0% 83.6% 84.8% 92.9% 98.2% 99.3% 100.0%

Figure 10-3. Sample project progress summary report.

Totals:

Project Billing Period

No.

Estimated % Actual % Complete Complete

$122,500.00

$ $ $ $ $ $ $ $ $ $

4,500.00 8,300.00 15,000.00 18,500.00 19,000.00 24,500.00 10,200.00 1,500.00 1,500.00 9,500.00 7,500.00 1,500.00 1,000.00

4,500.00 7,900.00 15,500.00 18,100.00 17,200.00 22,200.00 7,600.00 1,800.00 1,400.00 9,200.00 6,000.00 1,200.00 800.00

$113,400.00

$ $ $ $ $ $ $ $ $ $ $ $ $

225.00 400.00 650.00 750.00 200.00 675.00 75.00 550.00 100.00 100.00 100.00

$3,825.00

$ $ $ $ $ $ $ $ $ $ $ $ $

225.00 400.00 650.00 750.00 200.00 400.00 75.00 550.00 100.00 100.00 100.00

$3,550.00

$ $ $ $ $ $ $ $ $ $ $ $ $

Reimb Spent ($)

$ 60,500.00

$ 2,500.00 $ 5,000.00 $ 5,000.00 $ 7,500.00 $ 10,000.00 $ 18,000.00 $ 3,000.00 $ 500.00 $ 500.00 $ 6,000.00 $ 2,500.00 $ $ $60,500.00

$ 2,500.00 $ 4,000.00 $ 6,000.00 $ 8,000.00 $ 12,000.00 $ 16,500.00 $ 3,000.00 $ $ 1,000.00 $ 4,500.00 $ 3,000.00 $ $ -

Sub Consultant Fees Spent ($) 7,225.00 13,700.00 20,650.00 26,750.00 29,200.00 43,175.00 13,275.00 2,000.00 2,000.00 16,050.00 10,100.00 1,600.00 1,100.00 $186,825.00

$ $ $ $ $ $ $ $ $ $ $ $ $

Total Budgeted ($)

$177,450.00

$ 7,225.00 $ 12,300.00 $ 22,150.00 $ 26,850.00 $ 29,400.00 $ 39,100.00 $ 10,675.00 $ 1,800.00 $ 2,400.00 $ 14,250.00 $ 9,100.00 $ 1,300.00 $ 900.00

Total Spent ($)

95.0%

3.9% 6.6% 22.3% 36.7% 52.4% 73.3% 79.1% 80.0% 81.3% 88.9% 93.8% 94.5% 95.0%

% Of Budget

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makes to use project-management software. One of the benefits of project-management software is the ability to analyze “what if” scenarios if a project schedule gets off track. Often, one of the tricks for successful project management is to simplify the management method so that it is easy to use and covers the critical elements. Don’t make it any harder or more complicated than it has to be. For these reasons, methods discussed here can be just as useful as complicated computer software that can produce endless varieties of often mind-numbing reports. Milestone lists are the simplest method of tracking the project schedule. They are easy to prepare, easy to use, and useful for any size project. They consist simply of a list of project tasks and the targeted due date for each task. The PM must ensure that the milestone list includes key dates for subconsultants’ submittals, as well as time for the client’s review of the project work at its various stages of completion. The list of activities should also be arranged in a more-or-less ordered sequence from the start of the project to its completion. Milestone lists are most useful on small projects, but they can be very helpful for larger projects that have a number of participants and complex interrelationships of tasks because milestone lists help the PM simplify and summarize the key project requirements. They can produce a snapshot of a complicated project, making it easier for the project manager to get his or her arms around it. For the larger, more complex projects, milestone lists can include less detail and stick to the major project the dates, or they can include multiple subtasks under the major headings. The PM also can create separate milestone lists to manage the subtasks. Adding the starting dates to the list of targeted due dates for each task in the milestone chart provides the PM with even greater control over the flow of work. By coordinating a calendar that can be marked up with colorful symbols for start and due dates, the PM will have another simple and useful tool for controlling the flow of work. See Figure 10-4 for an example of a milestone chart. Bar charts are commonly used to manage the flow of work for both simple and complex projects. A bar chart consists of the tasks listed on the left side of the chart and weeks or months listed across the top

of the chart. Lines indicate the starting and stopping points of each activity for the duration of the project. The same list of activities that is developed for the milestone chart can also be used for the bar chart. Organizing the list of activities by sequence from the start of the project to its completion is even more important than on the milestone chart to help the PM visualize the relationship between activities and the flow of the tasks. See Figure 10-5 for a bar chart that uses the same list of activities as the milestone list illustrated in Figure 10-4. Using Microsoft Excel is a very easy way to create a bar chart for a project. List the major tasks in the first column and the months across the top. Then use the fill function to create the bars. Clever spacing and the use of colors and grid lines can make the bar chart look very well designed. The bar chart is easy to update using the Excel software, too. The automatic graphing functions of Microsoft Excel also can be used to create bar charts. Wall charts are a project-scheduling technique that involves participation of the project staff. If the chart is displayed on the wall of the landscape architecture office, the chart provides a highly visible daily reminder of the flow of work for the project team. Wall charts are commonly made up of 3-by5-inch index cards pinned to a prominent wall in the office. The weeks or months for the duration of the project are listed across the top of the chart. The left side of the chart is normally organized in one of two ways. The left side consists of either the sequence of tasks in the project or a list of the participants on the design team. The project manager will normally create the wall chart by having a participatory meeting with the team, including subconsultants, at the start of the project. If the chart is organized by task, one 3-by-5-inch card bearing the name of the responsible participant is tacked to the wall at the task’s starting date and another card at the completion date. If the chart is organized by participants, each card will bear the description of a task, and one card will be tacked to the task’s starting date and the other card to the completion date. The participatory nature of the wall chart method is one of its main values. During the initial charting meeting, the PM can obtain the concurrence of each participant that he or she will be able

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Project Management

Task No.

Task

Start Date

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20

Initial start-up meeting Research the literature and state historic office files Set up statewide GIS map base Meet with resource people from state departments Identify all known trails and set up GIS data base Develop a typology of trails Meet with state historic preservation project staff for review Map the location of trails and input GIS data Identify National Historic Register eligibility Meet with state historic preservation project staff for project status review Prepare preliminary report outline Submit report outline for review by state historic preservation project staff Meet with state historic preservation project staff for review Prepare draft report Submit draft report for review by state historic preservation project staff Meet with state historic preservation project staff for review Prepare final report Design final report and create digital page files Produce and transmit 100 copies of the report Provide project administration and coordination

Dec. 15 Dec. 16 Dec. 27 Jan. 6 Jan. 6 Mar. 15 Mar. 25 Mar. 22 Mar. 22 Apr. 16 Apr.16 Apr. 23 May 7 May 7 June 1 June 15 June 15 July 1 July 12 Weekly

End Date Jan. 15 Jan. 5 Jan. 20 Mar. 15 Mar. 22 Apr.10 Apr.10 Apr. 23

May 30

July 1 July 12 Aug.1

Figure 10-4. Milestone chart for a project to identify and develop a statewide inventory and typology of historic trails.

to meet or exceed the schedule. The meeting also provides a good forum for discussing coordination and interrelationships of the project tasks. All participants in the project can work out conflicts and develop satisfactory resolutions. The initial meeting establishes a team spirit, camaraderie, buy-in, and ownership of the project schedule by the participants. It is valuable to leave the wall chart on the wall for the duration of the project. If the project gets off schedule, or if there are problems with coordination of participants or interfacing of tasks, the PM can call a meeting and the participants can rework the wall chart so that everyone is part of the problem’s solution. If the wall chart must be removed, it can be duplicated at a smaller scale in a written format so that the schedule of tasks, participants, and start and due dates remain available to the project team. A more complicated method of controlling the project schedule is the critical path method (CPM). The critical path method is used for more complex projects, where it is important to be able to see and manage the interrelationships among tasks. CPM charts illustrate the sequence of inter-dependent tasks that come together to determine the minimum

duration of the project. A delay in any task on the critical path, for example, can have an impact on the project deadline. Gantt charting is another graphic approach for scheduling and tracking the progress of the tasks in a complicated project. A Gantt chart illustrates the duration of tasks in relation to the overall project time frame. It usually highlights the milestones, dependencies and resources associated with particular tasks. A Gantt chart is a sophisticated bar chart. Figures 10-6 to 10-9 illustrate a simple example of how the critical path method is used. In using the CPM scheduling method, there are three main relationships and methods of showing these relationships graphically (Figure 10-6): ■

■

■

The task must be completed before the next task can begin. The task must be partially completed before the next task can begin. The task must be completed before the next task can be completed.

The first step in developing a CPM schedule is to identify all of the project tasks

480

Provide ongoing project administration and coordination

19

20

Mar

A pr

Figure 10-5. Bar chart using the same task items for the same project to identify and create a statewide typology of historic trails.

Design final report and create digital page files

Produce and transmit 100 copies of the report

18

Meet with state historic preservation project staff for review

Prepare final report

15

17

Submit draft report for review by state historic preservation project staff

14

16


Prepare draft report

13

Submit report outline for review by state historic preservation project staff

12

9

Meet with state historic preservation project staff for project status review

Map the location of trails and input GIS data

Identify National Historic Register eligibility

8

Prepare preliminary report outline


7

11

Develop a typology of trails

6

10

Meet with resource people from state departments

Identify all known trails and set up GIS data base

5

Feb

May

Jun

Jul

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4

Research the literature and state historic office files

Set up statewide GIS map base

3

Jan

August 5, 2010

2

Initial start-up meeting

1

Dec

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Task Task No.


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Figure 10-6. Three task relationship diagrams are used in CPM.

Task No. 1 2 3 4 5 6 A B C D 7 8

Task

Time Required in days

Have an initial meeting with the client. Visit the site. Develop a preliminary landscape design plan. Review the preliminary plan with the client. Prepare a base plan to be used for construction documents. Prepare construction documents. Planting plan Irrigation plan Construction details Specifications Prepare a construction cost projection. Check and seal the construction documents. Total Number of Days Required:

1 1 4 1 2 3 3 2 3 2 3 25

Figure 10-7. The first step in developing a CPM schedule is identifying all of the project tasks chronologically and the time required for each task.

chronologically and their time requirements in days, weeks, or months (Figure 10-7). The second step is to diagram the relationships between the tasks (Figure 10-8). The third step in the CPM scheduling system is to reconfigure the tasks in a project schedule based on steps one and two (Figure 10-9). Last, those tasks that are critical to meeting the schedule are identified and graphically differentiated in the critical path diagram. Critical tasks are

defined as those tasks that will affect the completion date of the project. Critical path method of project scheduling is somewhat difficult to understand and apply and might make an already difficult project even more difficult for all but the experienced users of CPM scheduling. This is where computer software comes in handy. Computers have made the process of developing CPM scheduling much easier. Most of the popular project-management software such as

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Figure 10-8. The second step in developing a CPM schedule is diagramming the relationships between the tasks. See Figure 10-6.

Figure 10-9. The third step in developing a CPM schedule is casting the tasks in a time/task duration diagram.

Microsoft Project, Tenrox Project Management Software, Mindview, Fast Track Schedule, and others all have critical path components as well as Gantt charting tools. Unless the project manager in the landscape architecture firm has the time

available on a project and the experience with CPM, or is a user of project-management software, simpler schedule-control techniques such as milestone lists and bar charts may be just as effective.

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Tracking a Project and Developing Strategies When a Project Is Over Budget or Off Schedule To track and monitor a project, the project manager uses the tools discussed in the previous section, referring to them frequently. The PM must review and inspect the work carried out by the project staff on a daily, weekly, and monthly basis, estimating the percentages complete of each task. Here’s a scenario: If a task appears to be 50 percent complete, for example, and the technical staff also agrees that the task is 50 percent complete, the PM then refers to the time-management tools developed for monitoring the project. If the task being monitored has a total of 200 hours budgeted for its completion, and the project summary printout indicates that only 80 hours, or 40 percent of the time budgeted, have been spent on the task to date, the task is ahead of schedule. The project manager must constantly check and update the schedule-monitoring tools. Using the same example, the PM checks the list of milestone dates and observes that the 200-hour task began on the first day of the month and is to be completed on the 14th day of the month. The PM knows that only four people are working on the task, and the PM sees that it is already the 12th day of the month. Although the task is ahead of budgeted time and materials costs, it is behind schedule and needs to be completed in two days to be on schedule. The PM knows that 50 percent of the project remains to be completed, requiring 100 hours, but that only eight person-days, or 64 hours, are available in order to remain on schedule. The project manager notes that the 14th day of the project schedule is a Friday and all four of the project staff are willing to work a full day on Saturday, or 32 hours of time, in order to get the project back on schedule. The project manager receives the approval of the principal in charge of the project to authorize the overtime because the PM was under budget for the first half of the time budgeted for the task. The project is completed on time and under budget

483

because of the PM’s effective schedule and budget management. This scenario is typical of the balancing routine used by project managers throughout the duration of a project. However, the result is not always a positive conclusion. More often than not, a project that gets into schedule or budget problems remains in schedule or budget problems despite the most clever project management.

What to Do When a Project Is Over Budget If the project manager notices that a project is beginning to be over budget (either hours or fee budgeted), he or she should first analyze why the project is over budget, so the right corrective actions may be taken. Here are some examples of the reasons why a project may be over budget: ■

■

■

■

■

■

■

The initial budget of time and expenses was set too low because the firm had not had a great deal of experience with the type of work. Some of the project staff had filled out time cards incorrectly and had charged time to a current phase of work that should have been charged to a later phase. A clerical mistake was made, charging time to the PM’s project that should have been charged to another project. The staff selected to work on the project were not experienced with the specific tasks required. The client increased the scope of work without the firm adjusting the fee to cover the additional work. The design solution created by the firm’s designers requires extensive research and design development of construction details, far more time and costs than were envisioned when the fee was set based on a standard approach to design and production of documents. Because of a heavy office workload, computer-drafting production staff was used on other projects in the office, causing the PM’s project to be worked on by senior

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■

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staff with higher billing rates than originally intended. The project just plain took longer than anyone had expected. There was a considerable amount of “scope creep” on the project. (Scope creep is the expansion of a project beyond its original, contracted scope of work or services. It is caused when clients who don’t realize the ramifications make changes and modifications to projects, which can lead to fee pressure and time delays. Scope creep also can be caused internally when a project manager, for example, wants to make more of a project than was originally intended but doesn’t go back to the client to ask for more fees.)

There are many other reasons why projects can be over budget, so it is important to analyze the situation first. The problem may be a clerical error that will be resolved easily and quickly. If the problem is serious, however, and requires corrective action, here are some approaches to consider: 1. Study the figures carefully. Examine in detail computer time-keeping records, project progress reports and expense records to determine whether the project is in fact over budget. 2. If the project is over budget, discuss the situation with the principal in charge and other managers in the firm to see if they can recommend any solutions. 3. Reconfigure the remaining hours and adjust the staffing so that as much as possible of the future work will be carried out by staff with lower billing rates. 4. Ask staff to contribute unpaid time, such as working on one or more Saturdays, to get the project done if time is the problem or back on track financially if fee pressure is the problem. 5. Reevaluate the remaining scope of work, scope of services, and work plan to look for alternative ways to complete the project by adjusting the services, being careful not to diminish the quality of services as perceived by the client.

6. If work is being completed that is not in the initial scope of work (scope creep), discuss the need for the work with the client and request a fee adjustment. Also, a policy of zero tolerance can be implemented for all future scope creep. 7. Renegotiate the subconsultants’ contracts. Ask for concessions. 8. Eliminate subconsultants’ tasks, if possible, where the tasks could be completed in-house at less cost without negatively impacting the project or causing issues with technical registration. 9. Conversely, evaluate the remaining scope items to determine if one or more tasks could be outsourced to a consultant that may be able to complete the work at less cost to the firm. 10. Regularly send memos to your client identifying the work performed by the firm that was not considered during the scoping process but has been provided by the firm at no cost (NC). If the PM needs to go back to the client for a fee adjustment on a project that is over budget, the NC memos that have been sent to the client may help negotiations for additional fees.

What to Do When a Project Is Off Schedule Budget problems go hand in hand with schedule problems. If the PM begins to have a schedule problem on a project, and the PM projects that the project can’t be completed on schedule if things continue the way they are, he or she should first analyze why the project is off schedule. The schedule may have been thrown off because the client has taken longer than anticipated to review the plans and documents. The staff selected to work on the project may be inexperienced and have taken longer to complete the work. The project may have been targeted by the firm as an important key to future job-development efforts for similar projects. The project may have been targeted as an award opportunity. If so, the firm’s leaders may be willing to contribute extra time to a project that will have

P1: OTA/XYZ c10

P2: ABC

JWBT351-Rogers

August 5, 2010

20:7


Project Management

future marketing potential. Here are some corrective actions for schedule problems: 1. Make staff changes so that more experienced people are working on the project and can get the job done quicker. For example, using principals or senior design staff combines production of the drawings with checking the drawings at the same time. 2. Meet with the principal in charge and other project managers in the firm to see if they have any suggestions for overcoming the schedule problem. 3. Get a commitment from the project staff to help in resolving the schedule problem. When staff is made aware that a schedule problem exists, they feel more involved with the solution. The project staff may be willing to help in many ways to resolve the problem, including putting in overtime or even contributing time without pay to the project. 4. Work overtime, paid or not. 5. Reevaluate the significance of the project to the firm’s track record and future jobdevelopment and marketing potential. For an ordinary project, shortcuts for completing the scope of services may be more palatable than if the project is a highly visible project for the firm. If the project has been targeted as a high-impact project, the firm’s principals and owners and even the firm’s client may be willing to accept that the project will take more time than originally estimated. 6. Pull out a part of the scope of services and hire a subconsultant to complete the tasks concurrently with the firm’s remaining tasks. 7. Ask the client for help. Ask the client if there is any flex on the schedule. See if the client can provide greater input or even help complete the remaining tasks. The client is often very willing to help if the project is behind schedule. 8. Implement a zero tolerance policy with staff for any further schedule slippage.

485

Project Managers’ Performance Project managers’ performance records over time are important yardsticks of the overall health of a landscape architecture office. Every project manager should keep records and statistics of how they performed on previous projects, tracking key numbers such as profitability on each project, so that the PM’s performance can be evaluated. If the statistical trends indicate that the PM is having difficulty with profitability, the firm’s owners and other project managers may be able to analyze the statistics and the PM’s methods to find corrective actions. For an example of a project manager’s profit report, see Figure 10-10. Effective long-term project management is a valuable asset for every landscape architecture firm. Project managers ought to continue to monitor their efforts and improve their capability because good project management usually means profits for the firm. Looking at Figure 10-10, this project manager was responsible for $1,650,100.00 in fees over a period of about 11/2 years and made 5.8 percent profit for the firm. The project manager had the most success managing the projects with larger fees, making 13.1 percent profit on the Aviation Parkway Landscape & Irrigation design project. The project manager seemed to have the most difficulty bringing the smaller projects in on budget, losing 13.3 percent on the Grace Chapel Meditation Garden, for example.

Managing the Work Flow and the Costs to Maximize Profit on Every Project The key word in the heading above is every. Whereas the project manager needs to be effective in all components of managing projects, making a profit on every project is the most important part of the PM’s job. Without profits, resources such as computers, software, and other technological advances will not be available to develop the professional capacity of the firm. Profits also will not be available for distribution to owners and employees. The weekly project manager’s meeting is a method used by almost all firms large enough to

10186-19

486

19,000.00 $

500.00 $

750.00 $ - $

- $ 19,500.00 $

29,250.00 $

56,200.00 $ 28,650.00 $

18,980.00 $

27,450.00 $

29,676.00 $ 32,400.00 $

2,500.00 $

456.00 $

345.00 $ - $

- $

976.00 $ 24,500.00 $ 650.00 $ - $

131,250.00 $ 110,398.00 $ 2,450.00 $

Actual Sub Consultant Cost

Profit or Loss

19,436.00 $

27,795.00 $

64.00

1,455.00

55,152.00 $ 1,048.00 33,050.00 $ (4,400.00)

115,348.00 $ 15,902.00

Total Costs

7,500.00 $ 316,500.00 $ 278,300.00 $ 9,000.00 $

7,500.00 $ 294,800.00 $ 21,700.00

975.00 $

4,500.00 $

38,125.00 $

62,540.00 $(10,040.00)

58,390.00 $ (1,390.00)

-16.1%

-2.4%

5.8%

32,650.00 $

- $

895.00 $ 22,000.00 $

59,760.00 $ 2,780.00 $

35,495.00 $

$1,306,500.00 $46,350.00 $297,250.00 $1,650,100.00 $1,216,249.00 $42,217.00 $300,500.00 $1,558,966.00 $ 91,134.00

46,200.00 $

52,500.00 $

57,000.00 $

21.2%

- $

40,000.00 $ 1,200.00 $ 5,000.00 $

50,000.00 $ 2,500.00 $

36,000.00 $ 1,000.00 $ 20,000.00 $

1.4% -1.6% 13.1%

7.4%

7.1%

0.3%

5.2%

1.9% -13.3%

13.8%

Cost % of Total Fees

8,075.00

$

$

$

$ 12,000.00 $ 300.00 $ - $ 12,300.00 $ 11,890.00 $ 245.00 $ - $ 12,135.00 $ 165.00 $ 145,000.00 $ 6,000.00 $ 35,000.00 $ 186,000.00 $ 146,220.00 $ 5,335.00 $ 37,500.00 $ 189,055.00 $ (3,055.00) $ 268,000.00 $ 9,000.00 $ 6,000.00 $ 283,000.00 $ 235,230.00 $ 8,910.00 $ 6,000.00 $ 250,140.00 $ 32,860.00

$ 300,000.00 $ 9,000.00 $

$ 225,000.00 $10,500.00 $ 196,250.00 $ 431,750.00 $ 197,800.00 $ 9,200.00 $ 196,000.00 $ 403,000.00 $ 28,750.00

$

28,500.00 $

30,000.00 $ 1,200.00 $ 25,000.00 $ 28,000.00 $ 650.00 $ - $

Figure 10-10. Project manager’s profit report.

08197-19

09122-12

09160-19

10107-17 09178-18 09166-15

10108-15

10111-11

10128-10

$

$ $

2,500.00 $

Actual Reimb. Cost

20:7

10135-17

Fee $ 125,000.00 $ 3,750.00 $

Actual Fee Cost

August 5, 2010

10185-10 10168-14

Project Name

Washington Street and 4th Avenue Apartments Big Sky Park Master Plan Grace Chapel Meditation Garden Home Depot Landscape Code Compliance First National Bank Landscape & Irrigation Riverside Linear Park Design & Construction Documents Davis Road Parkway Landscape & Irrigation Stop and Shop Center Hyatt Hotel Aviation Parkway Landscape & Irrigation Seaside Condominiums Site Planning and CDs City Water Dept. Water Harvesting Manual Paradise Valley Patio Homes Landscape & Irrigation Totals:

Project No.

Total Fees

JWBT351-Rogers

Sub Consultant Fees

c10

Reimb. Expenses Fee


P1: OTA/XYZ c10

P2: ABC

JWBT351-Rogers

August 5, 2010

20:7


Project Management

have several principals and project managers. The project manager’s meeting is often held on Monday mornings and is attended by all of the firm’s principals and project managers. A firm will set an agenda every week for the meeting. A typical agenda might cover the following tasks and issues: 1. Project Progress Reports. Each project is reviewed and discussed regarding its schedule, profitability, and other issues related to the successful conclusion of the work. 2. MarketingandJobDevelopment. The status of marketing and job-development efforts are discussed. New leads are discussed and staff assigned to develop the new project or client opportunities. 3. Administrative Issues. Insurance coverage, professional-development opportunities for members of the firm, financial items, and other issues may be discussed. 4. Staffing Needs and Issues. Demands on the firm’s staff pool are discussed and the staffing needs of each project are resolved. Staff assignments are made. The status of each project should be discussed at each meeting, and project managers should make project progress reports. The PM will use computer printouts and other methods to detail the progress of projects.

The Workload Forecast The workload forecast, prepared by the office management and administrative staff, is indispensable for managing the flow of work in the office. The purpose of the workload forecast is to illustrate the amount of work in progress (WIP) as well as the work in job development that is likely to become an actual project in the future. The work in progress and job development can be compared to the firm’s revenue generating capacity to determine whether the firm has enough WIP and an adequate future workload, if the firm needs to lay off or hire staff. Landscape architecture firms have different ways of illustrating workload forecasts. The ways used most often are either by fee capacity or by hours assigned to staff. Because there is much emphasis

487

on billable time and profitability in the competitive landscape architecture office, the fee capacity method is a popular choice. In the fee capacity method, all of the firm’s work in progress and its very high job-development opportunities are listed with the fee remaining on each project assigned to present and future billing periods. The forecast is illustrated for at least six billing periods, 6 months or longer. The remaining fee associated with the WIP for each project is broken down into the likely amounts of fee that will be billable in each of the projected periods. The fees for all projects are totaled up by billing period and evaluated in relation to the firm’s fee-generating capacity for a billing period. See the workload projection by fee capacity, Figure 10-11. The firm’s fee capacity is established by assigning a percentage of billable time to each member of the firm and multiplying by the number of staff in each billing category and by the number of hours available per staff category in each billing period. The numbers are then converted to the fees that will be generated in each billing period by multiplying hours times billing rates. Table 10-1 shows an example of setting the fee capacity for a firm that bills for time spent on a 4-week billing period. The fee capacity is the amount of revenue that the firm’s managers think the staff can produce by working at estimated realistic capacities. The fee capacity, or percent billable, for each category must be reevaluated regularly. Many factors have an influence on capacity. The firm may be in an expansion mode where the capacity will probably increase. Or the firm may be downsizing because of a work shortfall. There might be a lot of vacation time planned, for example, over an upcoming 3-month period, including a maternity leave of 3 months by one of the firm’s staff. Two last points: First, the capacity should not be confused with the amount of revenue needed to keep the firm operating per billing period. These are two different amounts. Second, by multiplying the capacity per billing period by the number of billing periods per year, 13 in this case, the firm can determine its annual revenue generating capacity, $1,717,872.00 in this example. This gives the firm’s managers an annual revenue target to shoot for. What can be determined by looking at the workload projection in Figure 10-11? First, the firm is in

488 -

-

$ 21,006.00

$ 13,806.00

$ 132,144.00

$132,144.00

Capacity:

-

-

-

Surplus or Shortfall:

$ $ $-

$

$

$145,950.00

$ $

$

$145,950.00

$1,145,550.00

Total WIP and VHJD:

-

-

$ $ $ $-

-

$

9,250.00 3,200.00 2,500.00 5,000.00 10,000.00

$ 5,000.00 $ $ 6,500.00 $ -

$ $ $ $ $

$ 153,150.00

$ 90,000.00 $ 150,000.00 $ 539,500.00

$ 22,500.00 $ 28,500.00 $ 248,500.00

Very High Job St. Josephs Catholic Church Downtown Pocket Park Arcadia Urban Greenway–Speedway Blvd. to Kolb Road University Heights Student Housing Park Avenue Bike Boulevard Sub Total:

$153,150.00

-

$ 606,050.00

$ $ 3,600.00 $ -

2,500.00

$ 7,000.00 $ 3,400.00 $ 6,500.00 $ -

9,250.00 5,200.00 6,000.00 6,000.00 8,000.00

3,600.00 2,000.00

$ $

$

$ 27,000.00 $ 3,400.00 $ 17,600.00 $ 18,000.00

$ $ $ $ $

$ 10,000.00

$ 40,000.00 $ 22,000.00 $ 15,000.00 $ 10,000.00 $ 2,500.00 $ 5,000.00

7/19-8/15

Figure 10-11. Workload projection by fee capacity for work in progress and very high job development.

10289-00 10295-00

10261-00 10283-00 10286-00

09122-12 08197-19

09160-19

10108-15 10107-17 09178-18 09166-15

$ 18,500.00 $ 15,600.00 $ 8,500.00 $ 19,000.00 $ 27,100.00

$ 8,200.00

$ 6,000.00 $ 5,000.00

$50,000.00 $ 22,000.00 $ 7,000.00

6/21-7/18

1,200.00 3,500.00 9,100.00

5,100.00

40,000.00 22,000.00 10,000.00 8,000.00 2,500.00

-

2,500.00

$

356.00

$ 132,144.00

$ 132,500.00

$ $ $ 26,000.00

$ 5,000.00 $ 6,000.00 $ 15,000.00

$106,500.00

$ $

$

$ $ $ 2,600.00 $ -

$ $ $ $ $

$

$ $ $ $ $ $

8/16-9/12

-

-

30,000.00 20,000.00 10,000.00 6,600.00 -

-

-

$(17,544.00)

$ 132,144.00

$ 114,600.00

$ 15,000.00 $ $ 46,000.00

$ 5,000.00 $ 6,000.00 $ 20,000.00

$ 68,600.00

$ $

$

$ $ $ 2,000.00 $ -

$ $ $ $ $

$

$ $ $ $ $ $

9/13-10/10

10

-

-

1,000.00

-

$(37,144.00)

$ 132,144.00

$ 95,000.00

$ 15,000.00 $ 5,000.00 $ 66,000.00

$ 5,000.00 $ 6,000.00 $ 35,000.00

$ 29,000.00

$ $

$

$ $ $ $ 3,000.00

$ $ $ $ $

$

$ 10,000.00 $ 15,000.00 $ $ $ $ -

10/11-11/07

11

1,000.00

-

3,000.00 3,000.00

-

-

$(32,644.00)

$ 132,144.00

$ 99,500.00

$ 15,000.00 $ 15,000.00 $ 64,500.00

$ 5,000.00 $ 4,500.00 $ 25,000.00

$ 35,000.00

$ $

$

$ $ $ $

$ $ $ $ $

$

$ 6,000.00 $ 20,000.00 $ $ $ $ 2,000.00

11/07-12/04

12

-

-

-

$ 272,706.00

$ 132,144.00

$404,850.00

$ 45,000.00 $130,000.00 $337,000.00

$ 2,500.00 $ 6,000.00 $ 153,500.00

$ 67,850.00

$ $

$

$ 12,000.00 $ $ $ 12,000.00

$ $ 6,000.00 $ $ 4,500.00 $ -

$

$ $ 11,100.00 $ $ 8,000.00 $ 4,250.00 $ 10,000.00

Future

20:7

10185-10 10168-14 10135-17 10128-10 10111-11

176,000.00 132,100.00 42,000.00 32,600.00 12,750.00 24,500.00

$ 23,300.00

$ $ $ $ $ $

Remaining Fee

9

August 5, 2010

10186-19

10257-11 10248-17 10241-10 10236-14 10218-11 10203-15

Project Name Work in Progress Arroyo Chico Urban Greenway Biggs AFB Dormitory Complex Kennedy Park Soccer Complex Southside Community College parking study University Chiller Plant Screening Project Interstate-19, Kearney Road to Thomas Avenue Washington Street and 4th Avenue Apartments Big Sky Park Master Plan Grace Chapel Meditation Garden Home Depot Landscape Code Compliance First National Bank Landscape & Irrigation Riverside Linear Park Design & Construction Documents Davis Road Parkway Landscape & Irrigation Stop and Shop Center Hyatt Hotel Aviation Parkway Landscape & Irrigation Constr. Services Seaside Condominiums Site Planning and CDs City Water Dept. Water Harvesting Manual Paradise Valley Patio Homes Landscape & Irrigation Sub Total:

8

JWBT351-Rogers

Project No.

7

c10

BILLING PERIODS


P1: OTA/XYZ c10

P2: ABC

JWBT351-Rogers

August 5, 2010

20:7


489

Project Management

Table 10-1. Percent Billable and Revenue Capacity per Month Staff Category and Number of Staff 1 Principal 1 Principal(Project Manager) 1 Project manager 4 Project designers 2 Draftspersons 1 Office Manager

Total Hours % Billable Billable 40 90 95 100 100 20

Total Capacity:

a reasonably good position regarding its workload. It has a 3-month backlog where revenue matches capacity. Over billing periods 7 and 8, the firm has an excess of capacity by a total of $34,812.00. There are at least two ways to handle the excess capacity. The first is to manage staff and consider using overtime to complete the available excess revenue capacity, thereby creating a nice profit windfall. The second way of handling the excess capacity is to push the work out into future billing periods if that is possible without impacting project schedules and due dates, thus leveling out the firm’s future workload. By looking at the workload projection, it can be determined that the firm doesn’t have to either hire or lay off personnel. The third thing that can be seen is that the firm needs to be in a job-development mode because it has a shortfall of WIP and VHJD beginning 4 months out, and that shortfall must be covered by new work. The second method of forecasting workload is to organize it by hours of billable time projected for each of the firm’s staff in billing periods. Using the same percent billable and hours billable in Table 10-1, the firm has a capacity of billing 1,352 hours per revenue period. By projecting the amount of time needed on each current project and the very high job-development opportunities, the firm can determine if it is meeting, exceeding, or less than its capacity. See Figure 10-12 for a workload projection by hours. This method is basically the same as the revenue method. The method that is used is a matter of choice, often based on the project-management software a firm uses.

64 144 152 640 320 32

Billing Rate per Hour $180/Hr $180/Hr $130/Hr $80/Hr $68/Hr $62/Hr

Revenue Capacity $ $ $ $ $

11,520.00 25,920.00 19,760.00 51,200.00 21,760.00 1,984.00

$132,144.00

Selecting and Organizing Staff The selection of staff to work on each project is based on availability and matching experience with the expertise needed to carry out the scope of services. In many cases, key staffing assignments have already been worked out in the proposal and contract negotiation process. Principals and project managers usually work out staffing assignments at the weekly projectmanagement meeting. Staffing patterns, workload projection reports, and project progress reports are some of the key management reports reviewed by principals and project managers in order to select staff for each new project and to plan for staff assignments on very high job-development projects. A management report illustrating the long-term projection of billable time assigned to staff is useful for visualizing long-range staffing patterns. For an example of projecting billable time by staff person, see Figure 10-13. This type of projection provides a snapshot of whether or not the firm is meeting weekly billable capacity as well as when some staff are programmed for working extra time because of due dates. The projection also shows when staff has scheduled leave time. By looking at Figure 10-13, one can see that during the last two weeks of billing period 8 there is much more time programmed than capacity. This is because of a project due date and more time needed to complete the work. It also shows the effect of vacation and holiday time in billing period 12 and in the first week of billing period 9. The latter column alerts the firm’s managers

490 209

Figure 10-12. Workload projection by hours capacity for work in progress and very high job development.

1,320

1,320

Capacity: Surplus or Shortfall:

138

1,458

11,436

Total WIP and VHJD:

0

0 0 0

0 0 0 0

0

0

400 220 150 100 25 50 100 90 32 26 50 100 50 0 65 0 0 0 0 1,458

1,529

5,400

225 285 2,490 900 1,500

Very High Job Development St. Josephs Catholic Church Downtown Pocket Park Arcadia Urban Greenway–Speedway Blvd. to Kolb Road University Heights Student Housing Park Avenue Bike Boulevard

60 50 82 90 52 60 60 80 70 34 65 0 0 36 0 1,529

500 220 70

7/19-8/15

(20)

1,320

1,300

260

50 60 150 0 0

400 220 100 80 0 25 20 0 12 0 35 92 0 0 26 0 30 0 0 1,040

8/16-9/12

(174)

1,320

1,146

460

50 60 200 150 0

300 200 100 66 0 0 0 0 0 0 0 0 0 0 20 0 0 0 0 686

9/13-10/10

10

(370)

1,320

950

660

50 60 350 150 50

100 150 0 0 0 0 0 0 0 0 0 0 0 0 0 30 0 0 10 290

10/11-11/07

11

(325)

1,320

995

645

50 45 250 150 150

60 200 0 0 0 20 0 0 0 0 0 0 30 0 0 30 0 0 10 350

11/07-12/04

12

2,738

1,320

4,058

3,375

25 60 1,540 450 1,300

0 90 0 80 40 100 28 0 60 0 45 0 120 0 0 120 0 0 0 683

Future

20:7

Sub Total:

1,760 1,300 420 326 125 245 230 180 156 86 190 272 270 34 176 180 30 36 20 6,036

Work in Progress Arroyo Chico Urban Greenway Biggs AFB Dormitory Complex Kennedy Park Soccer Complex Southside Community College parking study University Chiller Plant Screening Project Interstate-19, Kearney Road to Thomas Avenue Washington Street and 4th Avenue Apartments Big Sky Park Master Plan Grace Chapel Meditation Garden Home Depot Landscape Code Compliance First National Bank Landscape & Irrigation Riverside Linear Park Design & Construction Documents Davis Road Parkway Landscape & Irrigation Stop and Shop Center Hyatt Hotel Aviation Parkway Landscape & Irrigation Constr. Services Seaside Condominiums Site Planning and CDs City Water Dept. Water Harvesting Manual Paradise Valley Patio Homes Landscape & Irrigation Sub Total:

10257-11 10248-17 10241-10 10236-14 10218-11 10203-15 10186-19 10185-10 10168-14 10135-17 10128-10 10111-11 10108-15 10107-17 09178-18 09166-15 09160-19 09122-12 08197-19

6/21-7/18

9

August 5, 2010

10261-00 10283-00 10286-00 10289-00 10295-00

Remaining Hours

Project Name

Project No.

8

JWBT351-Rogers

7

c10

BILLING PERIODS


491

04JH 05JK 26AW 39CR 42KN 76DL 91JJ 98JC

Project Managers

Project Designers

Draftspersons

Office Manager 8

40 40

40 40 40 40

38

16 36

1

8

40 40

40 40 40 40

38

16 0

2

8

40 40

40 0 40 40

38

32 40

3

8

36 36

40 40 40 40

38

32 40

4

8

40 40

40 40 40 40

40

16 36

1

8

40 40

40 40 40 40

40

16 36

2

16

48 48

48 48 40 40

46

32 44

3

16

48 48

48 48 40 48

48

32 44

4

0

24 0

48 48 0 32

38

16 36

1

8

40 40

40 40 40 40

38

24 40

2

8

40 40

40 40 40 40

38

16 36

3

8

40 40

40 40 40 40

38

0 36

4

0

40 40

40 40 0 40

38

16 16

1

8

40 40

40 40 40 40

38

16 36

2

Weeks

8

40 40

40 40 40 40

38

16 36

3

8

0 40

40 0 40 40

38

16 36

4

8

40 40

40 40 40 40

38

0 36

1

8

40 40

40 40 40 40

38

16 36

2

Weeks

8

40 40

40 40 40 40

38

16 0

3

8

40 40

40 40 40 40

38

16 36

4

Billing Period 11

0

40 40

40 40 40 40

38

16 36

1

8

40 40

40 40 40 40

38

16 36

2

Weeks

8

32 16

0 32 40 40

32

16 24

3

8

40 40

40 40 40 40

38

16 36

4

Billing Period 12

Figure 10-13. Projection of billable time by staff person.

Total Billable: 338 302 318 350 340 340 410 420 242 350 338 322 270 338 338 258 322 338 302 338 330 338 240 338 Billable Capacity: 338 338 338 338 338 338 338 338 338 338 338 338 338 338 338 338 338 338 338 338 338 338 338 338 2 72 82 −96 12 0 −16 −68 0 0 −80 −16 0 −36 0 −8 0 −98 0 Difference: 0 −36 −20 12 2

01WR 02GW

Principals

Staff Number

Weeks

Billing Period 10

20:7

Staff Category

Weeks

Weeks

Billing Period 9

August 5, 2010

Billing Period 8

JWBT351-Rogers

Billing Period 7

c10

BILLING PERIODS


P1: OTA/XYZ c10

P2: ABC

JWBT351-Rogers

492

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to a problem because it is showing a lot of leave time being taken during a week that has a big due date. The staff billable time projection gives the manager’s enough advance notice to take corrective actions for the potential staffing problem that appears during the first week of billing period 9. A project start-up meeting is important for organizing staff. At the time of project start-up, the project manager assembles the project staff and the PM discusses the scope of work, the scope of services, schedule, budget, and other salient points related to successfully completing the project. Every task in the scope of services should be reviewed in detail. Each staff person, including principals, should be clear on his or her role in the project and on his or her billable time budget. The project manager should review the project work plan, hours, and fee budget with each staff person working on the project team. At the initial meeting, the PM should discuss other project goals such as the following examples. Is the project an ordinary project where the goal is high profitability? Is the project a high-profile project that will require extra effort? Is the project one that the firm will submit for an award? Is the project on a fast-track schedule? Is the client a new client or a continuing client? Additional staff meetings will be needed during the course of work for the PM to keep the project on schedule and to communicate with the project staff, keeping them informed of progress. The tentative schedule of follow-up meetings ought to be reviewed at the start-up meeting.

ule, and complete the tasks at hand with sensitivity to the personal problems, desires, and needs of each staff person. Motivational skills, although complex, can be learned and can be enhanced by the following suggestions: ■

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Directing and Motivating Project Staff ■

Selecting the staff to work on the firm’s projects as they come into the office is an easier projectmanagement task than directing and motivating the staff. Directing and motivating the staff take constant attention to detail, and the project manager needs good people skills. Motivational skills are one of the intangible qualities of an effective project manager. Project managers need natural, people-oriented abilities. They should be friendly and caring, and should be respected by the office staff. The PM combines abilities to manage, sched-

The project manager should be interested in each staff person assigned to the project. Each member of the project team is an important resource to the PM. The staff assigned to the project will be like a family for the duration of the project. If the PM takes the time to learn about the interests of each person assigned to the project team, each person will feel like the PM cares about him or her as a person. The project manager must be personally sensitive to each member of the project team. People have up days and down days. The up days coincide with positive happenings in the person’s life; down days indicate personal problems such as family emergencies, personal health concerns, or sleepless nights. There are many times when the PM may be able to lend a helpful ear to the person resulting in a more effective worker. Sometimes just being a good listener is all that is necessary. Honesty and sincerity are desirable qualities of every project manager. People appreciate both. Honesty and sincerity help the project manager gain the respect of each member of the project team. Smile a lot and be friendly. Most people respond favorably to a positive outlook. I have always remembered a great line I once got in a Chinese fortune cookie: “A frown pushes people away, so smile today!” Be concerned about the professional interests of each person assigned to the project. For example, friction may occur if a staff person is assigned to production and drafting but is more interested in the design work. The PM may need to point out the learning opportunities on all phases of the project in order to motivate staff. The PM ought to be sensitive to the professional growth opportunities for everyone working on the project. The PM may need to find ways to challenge each member of the team with the

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work at hand. There may be construction details, for example, that require research and design development and can provide a project challenge for inexperienced design staff. There may be client-contact opportunities to challenge one of the staff designers. Junior staff can be asked to attend high-level meetings. There may be graphics or computer challenges. There may be presentations that provide unique professional-growth opportunities. The project manager needs to be sensitive to each team member and create professional-development opportunities for all members of the project team. The project manager also needs to be sensitive to limitations of staff if the project’s demands seem to be beyond the expertise level of an individual team member. Productivity may decline if a staff person is unsure about how to proceed with a task. When limitations are detected, the PM may need to coach team members through the work.

In the final analysis, the project manager must see that project staff are motivated, schedules are met, products are delivered, and work is completed. One of the all-time best sources of motivational and people skills, How to Win Friends and Influence People, was written by Dale Carnegie in 1930. This book is recommended reading for all project managers, but you don’t have to start and stop with Dale Carnegie. My search for motivational books on Amazon.com revealed 20,395 references, so there is no shortage of help for the would-be project manager in motivating and directing people.

Serving the Client and Developing a Friendly Relationship There’s an old saying in the retail business: “The customer is always right.” Why should it be different in a service business? Well, for the most part, it isn’t. The project manager should accept the fact that the client has needs, desires, and ideas. Reinforc-

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ing the client’s needs is central to the success of the project. There are times when the client’s needs, desires, or ideas may clash with the PM’s professional experience. When a clash occurs, the PM could query the client about the request and express an opinion or alternative to the client’s request. Issues must be worked out. Most people are pleased when their needs are met, and pleasing the client is an important part of the PM’s job. The only time the PM should seriously question a client’s wishes is when the client makes an unethical or illegal request. If a client requests a service that appears to be unethical or illegal, the PM should immediately discuss the request with the firm’s owners or principals in order to develop a strategy for dealing with the request and to consider terminating the relationship with the client if the request involves serious ethical compromises or illegal activities. In most cases, however, the relationship between the PM and the client is guided by the notion that the client is always right. The PM must be responsive to the scope of services agreed to with the client and sensitive to the client’s needs that arise during the course of the project. Client needs that surface during the process of carrying out the services on a project often lead to opportunities for an expanded scope of work and additional fees. The PM needs to establish a business relationship with the client from the start of the project. Then, if the client makes significant requests for additional services, the PM will be in a position to request additional fees. If the client truly desires the services, there will be no problem with approving the PM’s request for additional fees. If the PM establishes a good business relationship, the client will be less likely to seek work outside of the scope of services without paying for it. If the PM allows the client to secure free work, reversing the situation will be difficult. In addition to maintaining a professional and business relationship with the client, developing a social relationship often enhances the consultant/client relationship. Getting to know a client and developing a friendship is one of the most rewarding opportunities available to a project manager. As illustrated in Figure 10-14, the best client/project manager relationships combine business, ethical, and social elements.

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Figure 10-14. The client/project manager relationship.

Providing Technical Supervision for the Project Staff Above all, the project manager must be technically competent. Technical expertise is important when discussing the project and alternatives with the client and for monitoring the progress of the staff’s work on each project. The PM must know the technical requirements of each project task. He or she needs to know what work must be completed, when and how. In most cases, the project staff will be experienced with the work at hand. With experienced staff, the PM’s role focuses more on monitoring the costs and schedule while observing that technical requirements are completed. In cases where the project staff are less experienced or have no experience, the PM may be required to closely direct the technical work. The PM may even recommend that project staff put in extra time to research other similar projects and develop the skills lacking to complete the work. If adequate research time is not provided in the contract, outside library research and networking usually turn up useful examples of similar projects that can be used as a starting point for the firm’s current project. The project designers and drafting staff can be very helpful in carrying out research in an effort to make the project as

successful as possible. Every aspect of project landscape architecture can benefit from research, and the research process will provide the education and experience needed by inexperienced staff. In many offices, the project manager is responsible for sealing construction documents and other professional documents, which provides incentives for the PM to direct the project staff to complete a technically competent project. Checking and back checking at each stage of a project is the main vehicle the PM uses to provide quality control on each project. Submittals should be thoroughly checked throughout the schematic, design development, and construction document phases. After corrections have been made by project staff, the PM should back check the corrections to verify that they have been made correctly. Every landscape architecture firm has developed checking systems for internal quality control and technical supervision. Commonly used techniques include some of the following: ■

■

Dual Principal Review. A project principal is assigned to oversee the project, and a second reviewing principal is assigned to serve only to check the work. Ladder Approach. Checking starts at the lowest level of the project team and proceeds up the project ladder of command to the

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project manager and finally to the principal in charge. Outside Peer Review. Once in a while, the perspective and objective viewpoint of an outside expert is the best way to enhance the quality level of a project. Outside peer review often works well for research and planning projects. Designated Reviewing Principal. Some firms designate a certain principal to be the bottom-line reviewer on every project that leaves the office. By specializing in reviewing work produced by the office, the principal develops better and better skills over time at finding errors or omissions before they actually become a problem. Client Review. Most clients are very interested in reviewing the plans, reports, and other project output. The project manager needs to be sure that the client is providing the office with thorough review comments at each stage of the project. The client’s review is very important and assures the PM that the client understands what he or she is getting in the way of a design or planning product. Virtually all public-sector clients use at least one agent to represent the client, and the agent is expected to review the plans prepared by the consultant.

many options available for individual professional development opportunities: ■

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Inspiring, Nurturing, and Promoting Professional Development Opportunities for Staff Every employee wants to succeed. Sometimes coaching is one of the project manager’s most useful talents. The PM should want each staff person to get as much professional development as possible out of each and every project. The personal professional growth of each individual in the office creates a synergistic effect on the firm as a whole. Some staff will let the PM know in no uncertain terms where they would like to go with their personal professional development and their careers. Other staff will be less vocal but equally appreciative of professional-development opportunities made available to them. The project manager has

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Speaking opportunities for principals, project managers, marketing staff, or design staff Submitting projects for awards Training sessions for staff on topics of interest to the individual’s and the firm’s needs (e.g., computer software training, timemanagement seminars, irrigation equipment show-and-tells) Supporting membership in professional organizations Firm-sponsored classes at universities and colleges. Opportunities for client contact, especially for junior staff Opportunities to represent the firm at public meetings or project interviews Publication opportunities for articles about the firm’s projects On-site reconnaissance, especially out-oftown travel Representation on commissions, boards, committees, and other community service opportunities Trips to national conventions of professional societies Office planning retreats Using company-owned vehicles

General Coordination with the Firm’s Top Management and Clients Coordination is a constant activity of a project manager. A complex project will require coordination with the firm’s principals, owners, and top management, as well as a web of public agency representatives when dealing with codes, code compliance issues, and other regulatory requirements. Client representatives, whether public or private, will require ongoing coordination. Even small projects may require a great deal of coordination with public and private agencies. The PM needs to develop a list of the key players for each project, their roles, phone numbers,

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addresses, and other important information. Developing a written list of who needs to be coordinated with on each project, when and with what information or deliverables, will help the PM’s coordination process go smoothly. Meeting with key individuals early in the project is a useful way to establish a relationship and define the necessary coordination requirements. Many cities and counties have ordinances that require initial, as well as follow-up, meetings with agency representatives. The weekly project-management meeting is one of the best ways for the project manager to coordinate with the firm’s top management. Informal methods work, too. Lunch meetings, after-work get-togethers, office social events and sporting activities are other good ways for the PM to coordinate with the firm’s other management staff and principals. Weekly project staff meetings can be used to coordinate the project team, and desktop crits can be used in between the weekly staff meetings.

Attaining High Quality in Planning and Design Output Quality should be a goal of every project—quality in the planning and design process, quality in the service to the client, quality in the drawings or reports, quality of construction administration, quality of the finished project, attention to stewardship and environmental ethics, and quality of planning and research documents (contents and presentation). Nothing advances the reputation of a landscape architecture office more than a constructed project that achieves acclaim and high visibility in the community, or a planning effort that breaks new ground and is praised by professional peers. A successful project keeps the client happy and satisfied and retains the client. The project manager is a central force for positioning each project to attain the highest quality possible. The effort can sometimes be a challenge. Many projects are lackluster, everyday projects. Trying to find ways to strive for quality when working on an ordinary project can be tedious. Bumping up the quality level of an ordinary project, however, may give the project manager a rewarding sense of professional achievement. The PM always needs to

be looking for something to keep him or her interested in the project and motivated to bring the project in on budget and on schedule. PMs assigned to projects that start out with the potential to be submitted for design or planning awards have to manage the project for success right from the start. The selection of the staff that will work on the project is important in order to get the firm’s best planning and design talent assigned. Knowing when to spend extra time on the design phase, even though it might cost the firm money, is important. Assuring visual quality in the look of the exhibits is a must. Building awareness of the “awardability” of the project is important. And, putting in extra time, if called for, is all part of the PM’s role on potentially award-winning projects.

Marketing the Firm Every professional practitioner will tell you that repeat work from the firm’s existing client base is the best source of new projects. The project manager plays a central role in maintaining existing clients, keeping them satisfied, and obtaining additional work from them. The project manager’s first goal is satisfying the client, ensuring that the scope of services is carried out in a timely fashion, and producing a competent professional product with the highest quality possible. A satisfied and pleased client is the first step to an ongoing professional relationship and securing future work from the client. The importance of developing a social relationship with the firm’s clients cannot be stressed enough. The project manager is usually the firm’s lead contact with the client on a day-to-day basis and may have the best opportunities to develop a social relationship with the client. The firm’s principals also play a strategic role in client maintenance. Looking for both new job opportunities and additional services that a current client may need is a high-priority goal for each project manager. The PM starts by memorizing the contractual scope of services agreed to with the client and then observing when or if the direction of the project changes, if scope creep occurs and if a change of scope becomes necessary. There are also times when a project changes in such a way that the scope is

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actually reduced. When a reduction in scope occurs causing a reduction in fees, the long-term outcome may have a positive effect on the client. Generally, a client would be pleased with the savings and develop respect for the project manager. A client that has benefited from competent, high-quality services at lower costs will keep the savings in mind when thinking about hiring a consultant for a future project. In most cases, a change that adds work to the scope of a project usually means the firm can renegotiate the fee to cover the additional work. The PM should meet with the firm’s principals and top managers, review the change in scope, and determine what adjustments in scope and fee will be necessary to complete the project and how to make break the news to the client. When changes in scope occur after a project has been partially completed, there is often a corresponding reduction in the original scope of services. Presenting the additional scope and fees, as well as the scope that has been eliminated and fees that have been deducted, is a practical way to make the presentation to the client. The project manager also needs to be aware of upcoming planning, design, or environmental services the client may be considering. The PM can offer to help the client clarify new project consulting needs and even draft a scope of services for the client. Helping a client scope a potential project is a good way for the PM to get a foot in the door for securing the new work. The PM also needs to be aware if the client is considering using the firm’s competitors for future work. By knowing that the client may have another firm in mind for a future project, the PM can help develop a competitive strategy aimed at retaining the client.

Managing the Planning or Design Effort to Meet Construction Cost Expectations Holding a project’s construction cost to the client’s budget is one of the best ways to satisfy a client. The PM must make a focused effort throughout the duration of the project to keep the output in line with the client’s implementation budget. If a need arises for a change in scope that will likely impact

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the client’s construction budget, the PM should notify the client and discuss the situation as soon as possible. Making construction or implementation cost projections for each key phase of the project is the way to effectively monitor the design effort to keep it in line with the client’s budget. If the project is a typical design project, the PM should make construction cost projections at each of the following phases: 1. Contract Negotiation. Assess whether the construction budget established by the client is realistic in terms of the client’s expectations and the firm’s prior experience with similar projects. If the budget is not realistic, the budget needs to be discussed with the client before a contract for professional services is agreed on. Starting work on a project that a client has significantly underbudgeted will inevitably result in problems further along in the design process. Initial budgetary cost projections are normally made on a unit-cost basis for broad-brush areas of the site plan or the client’s design program. Initial projections are completed only to the level of detail to satisfy the design firm that the construction budget is adequate. 2. Schematic Design. The next construction cost projection should be made after the first phase of the design process, usually the schematic design phase, has been completed, normally when the project is no more than 35 percent complete. This is the point at which the PM is concerned with verifying that the firm’s design effort is in line with the agreed-upon construction budget. This is the point at which the PM must scale back the firm’s design effort or reduce the design complexity of the detail design work if necessary to get the project on budget. If the PM does not get the project on budget at the schematic phase, budget problems will continue to plague the project as it progresses through the design development and construction documentation process and budget adjustments will be more difficult to make. Figure 10-15 is an example of a

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Mendoza Memorial Park Construction Cost Projection Based on Schematic Plan Item

Unit

Quantity

Unit Cost

Cost

PROJECT ELEMENTS

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38

General Mobilization Construction staking and surveying Site prep, grading, shaping of water harvesting basins Paving & Headers Concrete sidewalk Replace existing curb cut with new vertical curb Curb ramp Concrete header for walkway (4"x 6"deep) Concrete header at sitting areas (12" x 6" deep) Concrete paving under game table Concrete paving at existing memorial area Pervious concrete in water harvesting basin Steps into basin area Railings for steps Walls 18" height masonry wall 7-foot masonry wall w/ stucco finish Steel papel picados, plasma cut and powder coated Specialty concrete work at base of existing memorial 12" height rock rip rap set in mortar Masonry seat walls 2-foot square Poured concrete seat wall at memorial Site Furniture Steel benches w/ backs, powder coated Steel benches w/o backs, powder coated Steel trash receptacles, powder coated Steel bike loops, powder coated Concrete checkerboard table Exhibit panel (design and panel fabrication w/ install) Landscaping & Irrigation Trees 36" box Trees 24" box Shrubs & cacti @ 5 Gal Shrubs & ground covers @ 1 Gal Rose bushes 2mm-minus granite walks 1 1/2 " granite in water harvesting basins 3/4"-minus decomposed granite in site areas 8"-12" fractured rock at ends of wall 1" water meter Irrigation w/ two battery-operated valves Other City power company dusk-to-dawn light on existing pole

LS LS LS

1 1 1

$7,000.00 $3,000.00 $5,000.00

$ 7,000.00 $ 3,000.00 $ 5,000.00

SF LF EA LF LF SF SF SF SF EA

880 22 1 430 32 64 304 204 36 4

$ 5.00 $ 20.00 $ 1,200.00 $ 10.00 $ 18.00 $ 8.50 $ 6.00 $ 15.00 $ 15.00 $ 250.00

$ $ $ $ $ $ $ $ $ $

4,400.00 440.00 1,200.00 4,300.00 576.00 544.00 1,824.00 3,060.00 540.00 1,000.00

LF LF EA LS LF EA EA

120 78 5 1 108 4 1

$ 45.00 $ 110.00 $ 1,500.00 $ 2,500.00 $ 18.00 $ 600.00 $ 1,800.00

$ $ $ $ $ $ $

5,400.00 8,580.00 7,500.00 2,500.00 1,944.00 2,400.00 1,800.00

EA EA EA EA EA LS

5 5 2 2 1 3

$ 975.00 $ 800.00 $ 500.00 $ 160.00 $ 1,600.00 $2,800.00

$ $ $ $ $ $

4,875.00 4,000.00 1,000.00 320.00 1,600.00 8,400.00

EA EA EA EA EA SF CY CY CY EA LS

7 8 177 104 8 2,370 21 36 5 1 1

$ 450.00 $ 225.00 $ 30.00 $ 18.00 $ 50.00 $ 0.90 $ 75.00 $ 65.00 $ 60.00 $ 2,243.00 $8,000.00

$ $ $ $ $ $ $ $ $ $ $

3,150.00 1,800.00 5,310.00 1,872.00 400.00 2,133.00 1,575.00 2,340.00 300.00 2,243.00 8,000.00

EA

1

$ 1,500.00

$ 1,500.00

Sub-Total 5% Design Contingency

$113,826.00 $ 5,691.30

Sub Total 5% Construction Contingency

$ 119,517.30 $ 5,975.87

Sub Total 23% Overhead, General Conditions, Taxes and Profit

$ 125,493.17 $ 28,863.43

Grand Total:

$154,356.59

Figure 10-15. Example of a construction cost projection prepared at the schematic design phase of a small, 1/4-acre neighborhood park, Mendoza Memorial Park.

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Figure 10-16. Computer model of schematic design for Mendoza Memorial Park.

unit-cost based construction cost projection for a small park project, Mendoza Memorial Park. Figure 10-16 is a sketch of Mendoza Memorial Park. A sketch at the schematic phase is very helpful for showing a client what is included in the construction cost projection. If the construction cost projection is over-budget, a sketch can sometimes lead to the client authorizing additional funds for building the project if the client likes what he or she sees in the sketch. Once in a while, the project is over budget at the schematic design phase, but the landscape architecture firm is convinced that its design plans are in the client’s best interest. In this case, the project manager and the principal in charge of the project may wish to meet with the client and present the plans that the firm knows are over budget, letting the client decide whether the firm’s recommendations should be implemented at the higher budget projection. If the client needs to hold the line on the budget, the firm will get a clear indication of it and can reduce its design effort accordingly. If the client is okay with the higher level of project development, the landscape architecture firm will end up with a better project in its portfolio. 3. Design Development. The cost projection at the design development (DD) phase, usually 75

percent complete, may be the most important of all. The DD cost projection takes place when the design has been fairly well cast in stone in the eyes of the client and the design firm. Making changes in the project to reduce construction cost in order to hold the line on the budget is harder to do as the design process proceeds. For example, changes can be made at the DD phase in materials to lower the projected costs, but major changes in the site plan are normally not made unless the project is radically over budget. At the DD phase, the project plan is set and the details are for the most part worked out. At this point, a fairly accurate cost projection can be carried out. Most firms complete the DD construction cost projection in house using quantity take-offs multiplied by a unit cost. Another approach, used on complex projects, is to have one or more general contractors prepare a preliminary, or pricing, bid on the DD package of drawings. This serves two good purposes: First, the general contractor is more likely to cover all of the costs, some of which might not be picked up by the landscape architecture firm, because the general contractor is viewing the project impartially. Second, if the project appears to be over

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budget, the general contractor may have some very good ideas to help the landscape architecture firm reduce costs by using alternative methods, materials, or quantities. An outside construction estimating consultant can also be used. The estimating firm may be brought into the loop at each phase of the work, including initial budget verification and schematic design. Frequently, however, outside estimating firms are not engaged until the design development phase has been completed when enough of the design project is set in place for accurate estimates of materials and identification of construction methods to be made. 4. Construction Documents. The final construction cost projection is made using a quantity takeoff on the construction documents (CDs) at 90 percent or 100 percent complete. The client will use this final cost projection for comparing bids or negotiated construction contract amounts. The final cost projection must be as accurate as possible. If a general contractor was used to provide construction quotes at the DD phase, the same contractor ought to be asked to provide the final construction estimate at the 100 percent CDs phase. Managing a project so that it meets a client’s implementation cost expectations requires different approaches for planning projects, environmental assessments, and environmental research. These types of nonconstruction projects normally end with implementation estimates that the client will use for budgeting purposes. If a landscape architecture firm carries out a visual impact assessment, for example, and reports to the client that mitigation efforts should be budgeted at $1.5 million, the budget needs to hold up when the project goes into the design and construction documents phases. The landscape architecture firm has another incentive to make accurate estimates for planning and environmental projects: In many cases, the firm will continue with design and construction documentation. Therefore, the firm wants to make the most realistic and healthy budget projection it can make in order to make the later phases of the project go more smoothly.

Taking Part in Performance Reviews of Technical Staff The project manager may be the most qualified person in the office to assess the performance of the firm’s technical staff. The PM works with all of the staff and is normally well aware of successful and unsuccessful performance. Peer review is important for each employee of the firm to establish professional development goals. Salary increases are normally tied to work reviews. Most firms have a set approach and frequency for carrying out performance reviews. In most cases, the approach involves a meeting with the staff person attended by the project manager with whom the staff person has had the most contact in the office. A principal and the human resources manager, if the firm is large enough to have one, will also attend the peer review meeting. The frequency of peer reviews varies from firm to firm. Six-month reviews are common, but up to a year may also be satisfactory to provide proper direction for technical staff. Peer review meetings should be kept upbeat and informal, making the staff person feel as comfortable as possible. Most firms use a personnel review form that is normally filled out in advance of the peer review meeting. For an example of a work review form, see Figure 10-17. The project manager should take time between peer review dates to make notes on the performance of each staff person he or she works with. Notes to the staff person’s personnel file are very helpful to remind the project manager of the successful performance of the staff person since the previous review or areas that may need improvement. Written reports of projects that the staff person has contributed to big profits or losses can be very helpful. Scanned copies of staff achievements such as design awards, journal articles, and participation in professional organizations also are helpful additions to personnel files.

Assisting in Writing and Preparing Proposals The responsibility for writing and preparing proposals differs among professional landscape

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To Be Completed by Project Manager or Supervisor Employee’s name: Reviewer’s name(s): Date of work review: Employee’s anniversary date: Date of last review: Actions to be taken:

NOTE: Work review forms must be completed within 5 days of the meeting with the employee. To Be Completed by the Employee 1. Describe and evaluate your professional development and achievement since your last work review. Consider the following: ■ ■ ■ ■ ■ ■

What have you done to develop your skills? What have you done to enhance your productivity? Has your professional attitude changed? How have you helped the firm develop? How has the firm helped you develop your skills, productivity, and professional attitude? How have you contributed to making profits?

Employee comments: Reviewer comments: 2. Describe your work relationships within the firm. Consider the following: ■

■ ■ ■

■

Do you find your supervisor and co-worker friendly and easy to work with? Have you had any problems relating to your supervisors or co-workers? Describe your reliability since your last work review. Has the firm given you opportunities for independent action, initiative, and self-improvement? Have you been encouraged to succeed, to learn by developing experience? To extend yourself? To contribute to the firm? Describe instances of leadership you have taken since last review.

Employee comments: Reviewer comments: 3. What are your professional development goals for the next year? For the next five years? Describe how you intend to achieve the goals. How can the firm help you achieve your goals? Consider the following: ■ ■ ■ ■

What can be done to improve your professional development? What are your ideas for advancement in the firm? What is expected of you and how will you be evaluated? What is your wildest dream and how can the firm can help you achieve it?

Employee comments: Reviewer comments: 4. Provide a brief summary of your self evaluation and conclude with your requests for action, promotion, and change in compensation. 5. What topics would you like to discuss in your work review? 6. Is this evaluation form helpful?

Yes

No

What would you change, add or delete on the form? Signatures Employee Reviewer

Figure 10-17. Work review form.

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architecture firms, based on the number of employees and firm’s operational structure. If the firm is large enough to employ a marketing manager or marketing coordinator, he or she will prepare proposals with only technical input from the project manager. In many landscape architecture firms, the principals are the lead marketing points of contact, and they manage the proposal process. In some firms, the project manager may be asked to spearhead the proposal process, or the very least, to develop the scope of work, the scope of service, hours estimate, and fee estimate. The PM also may be asked to review and check these after they have been developed by a principal who has had direct contact with the prospective client. The PM may also help by defining the technical requirements of the proposal. If the PM does not have direct responsibility, the principal or proposal coordinator should ask the PM to review the scope of services, hours projection, and fee. Being the firm’s lead point of contact for carrying out the work, the PM needs to feel comfortable that the work can be done for the fee that will be quoted to the prospective client. What could be worse than not involving the PM, then handing over a project to be completed that has been underestimated? The PM will start out in a hole and may never have the opportunity to complete the project on or under budget. The project will be a money loser from the start. If too many underestimated projects are given to the PM, sooner or later friction will develop between the PM and the proposal writers. Another excellent way to involve the PM in the proposal process is during the interview stage. Because the project manager will have day-to-day contact with the client, the PM normally participates in interviews for projects. The PM’s experience with the technical requirements of the prospective client’s project will be helpful in the event that questions of a technical nature come up in an interview. In addition, interview panels usually like to meet the project manager because of the central role that he or she will play. A project manager who is a good speaker and is able to contribute technical input in an interview can help the firm get selected for the project. Involving the project manager in preparing proposals is important, and the minimum involvement should include (1) reviewing the scope of

work, scope of services, hours estimate, and fee, and (2) attending interviews.

Closing Out a Project Every landscape architecture office has some type of project close-out system. Hard-copy files and drawings must be archived, which often involves scanning and electronic archiving. Computer files must be backed up and archived. Project materials must be sorted through and organized so that only one copy of all information is being archived and so that information can be easily retrieved from the archived materials if the need arises. New construction details developed for the project need to be added to the general computer files so they are available for future reference and reuse. Photographs or videos of the completed project need to be taken and archived. In most cases, the job of closing out and archiving a project is the responsibility of the project manager. The PM may delegate much of the actual close-out work, but the PM will manage the process. Some offices use online digital storage and backup of project files and that process must be managed at close-out. Online backup and storage systems have become more popular and are affordable. If you’ve ever lost a disk or jump drive, or had your computer crash and files vaporized, you know the benefit of having a backup of your files. Online storage services allow the landscape architecture office to back up its project files on the Internet where they are safe and easily accessible. Files are protected from natural disaster, fires, or theft. The files can be accessed anytime and anywhere from laptops or other mobile devices that have an Internet connection. Backup services can offer both private and public access, if that is desired for certain project information. Data transfer can be encrypted and password protected. Backup can be scheduled in any way and at any time the landscape architecture office desires. Closing out a project is an important part of keeping an office environment organized. Administrative time should be estimated in the scope of services and fees provided for project close-out so that the cost of archiving the project information is covered. Many clients are willing to pay for

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archiving because they also want copies of plans and documents in their files too. Many public clients require digital copies of project plans and specifications to be delivered to them at the end of the project. Attention to proper archiving of materials will pay off in time savings when there is a need to refer to the project information in the future. Most landscape architects are surprised at the amount of back referencing of completed projects that actually occurs in the regular operations of a typical landscape architecture office. PROJECT CLOSE-OUT LIST 1. Review the material in all of the project files, digital and hard copy. Delete material that is a duplicate or is not necessary to keep for future reference. Organize the files. Pay attention to proper archiving of AutoCAD and other digital files so that all xrefs, for example, are properly configured for accessing drawings. 2. Send a letter notifying the client that the project is complete and ask if the client wants copies of any project materials in addition to the deliverables provided for under the terms of the contract. 3. Physically move all of the hard-copy files and drawings into the office archive storage area. Scan all hard-copy files that are not available as digital files, if that is the office protocol. 4. Clean up all computer files and store project electronic data in the office digital archives. 5. Update the office standard details files, both hard copy and electronic, with any new or revised and updated construction details developed for the project. 6. Update the office construction estimating files with new information received during the estimating and bidding of the project. 7. Update the office specifications files if new specifications have been written for the project or old specifications have been revised. 8. Make recommendations to the firm’s lead marketing staff for photo opportunities and other opportunities to develop marketing materials such as a new cut sheet on the project.

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9. Prepare a memorandum for general office distribution regarding any problems that occurred on the project and solutions developed by the project team to resolve the problems. This memo will help other PMs and office personnel avoid making a similar mistake in the future. If there are positive outcomes of the project, share them with office personnel. 10. Review the project financial records, progress reports, profitability reports, and summary reports that will help the PM in future project management.

Managing Construction Observation Services When a project enters the construction stage, the project manager may remain involved or turn the project over to office staff that specialize in services during construction. In smaller offices, the PM may actually be the lead staff person who carries out the services during construction, including construction observation. Larger offices may have full-time staff that specialize in construction services. While either approach works, there are many variations of staffing used by landscape architecture offices for carrying out services during construction. Every project will have its own specific scope of services that has been developed for the firm’s services during construction. The following list provides an overview of the services typically provided during construction.

EXAMPLE OF SERVICES PROVIDED DURING CONSTRUCTION 1. Printing, preparing, and disseminating construction bid documents. 2. Contacting potential bidders. 3. Providing clarification of construction documents during the bidding process. 4. Attending a pre-bid meeting. 5. Evaluating bids and recommending the selection of a contractor.

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6. Assisting the client in developing a contract for construction and awarding the contract. 7. Developing a filing system, both hard copy and digital, to use for keeping accurate records and filing information received during construction. 8. Attending a preconstruction meeting. 9. Attending regular weekly construction meetings. 10. Reviewing the product and materials submittals for construction of the project. 11. Reviewing the shop drawings for construction of the project. 12. Preparing construction observation reports. 13. Following up on all construction-related problems until each is resolved. 14. Reviewing all requests for information (RFIs) submitted by the contractor and making recommendations to the owner. Requests for information often lead to change orders, so paying attention to them is important. 15. Reviewing requests for construction change orders. 16. Reviewing the contractor’s pay requests. 17. Developing and preparing a punch list at completion of the construction. 18. Checking that all items on the punch list have been completed by the contractor before recommending final acceptance to the owner. 19. Establishing a date for final acceptance, a date when the landscape establishment period begins, and the date when guarantees end. 20. Notifying the owner that the firm’s services during construction have been completed. 21. Carrying out a post-occupancy review of the project. A post-occupancy review is sometimes covered under the scope of services. If it is not, the landscape architecture firm should evaluate the project after completion for its own benefit to identify if any problems exist with actually using the facility. A postoccupancy analysis is usually very helpful for improving the design ability of the office staff who worked on the project. If the evaluation is done by the firm at its own cost, the process can be made into a fun event, such

as having a bag lunch meeting at the project site, shared by many members of the office. Sometimes carrying out a postconstruction evaluation can also lead to additional work on the project. Most landscape architecture firms have prepared a construction services manual used by office staff as an aid in carrying out services during construction. The manual includes the duties and responsibilities of the staff person carrying out the construction services, ways to achieve quality compliance, requirements for proper and thorough documentation, and copies of forms used by the office during construction services, such as field report forms and forms used to review submittals and shop drawings. The forms are all available on the office computer system. Professional organizations such as ASLA and AIA have a wide variety of preprinted forms that many landscape architecture offices use during construction. These forms may also be included by reference in the office’s construction services manual. A complete copy of a typical office manual for services during construction is included in the online appendix to this book, available at www.wiley.com/go/rogers2e.

Summary In summary, the project-management approach to organizing the landscape architecture office is the most frequently used way of structuring the firm’s technical operations. The project manager (PM) is the hub of the office wheel. The project manager must be able to handle all phases of a project and all aspects of project management. The PM must be technically competent and capable of using the computer software associated with carrying out the services on a typical project. Supervising office CAD production is a requirement for every project manager. The PM should be friendly, sociable, and inspirational. The PM must be willing to manage and not meddle. The PM must be a good coordinator, a good listener, and have good time-management skills. For an example of a typical job description for a project manager, see Figure 10-18.

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JOB DESCRIPTION I. Occupational classification: Project Manager II. Organizational relationships A. Reports to: Principal in charge of production B. Supervises: Design and production staff C. Coordinates with: 1. Design and production staff 2. Project managers 3. Director of human resources 4. Business and finance director 5. Principal in charge of corporate planning and marketing 6. Principal in charge of production 7. Director of landscape architecture 8. Director of planning 9. Director of information systems 10. Public relations director III. Primary duties: Responsible for profitability. Responsible for managing projects. Responsible for writing technical aspects of proposals, establishing the scope of services, and deriving fees. Coordinates with principals during contract negotiation. Responsible for job scheduling, project staffing, project design, production and client maintenance from initial contact through project close-out. Keeps abreast of job development and new client development opportunities while maintaining good relations with existing clients. IV. Work performed A. Principal duties 1. Initiates client contact. Maintains clients. Develops new clients and job leads while fostering sound relationships with existing clients by frequent client contact and regularly reporting to the client on the progress of the project. 2. Develops proposal content, scope of work, and scope of services. Derives fees based on the project scope. Analyzes fee alternatives and assists with fee negotiation. Establishes project hours and fee budgets. Establishes project-management tools using spreadsheet and office business management software. Uses office job costing reports and other financial reports to manage projects for profitability. 3. Coordinates and supervises the design and production staff for timely and accurate completion of projects. 4. Coordinates with the principal in charge of production to develop short- and long-term staffing schedules and specific staffing needs. 5. Sets the planning and design direction of projects in coordination with the director of landscape architecture, the director of planning, and project planning and design staff. Monitors completion of the project in line with planning and design intent. 6. Reviews design, design development, and planning output and is responsible for quality control. 7. Reviews construction documents, specifications, and other documents for technical competence. Responsible for quality control of project documents, construction documents, correspondence, reports, field notes, phone notes, construction cost projections, and any other project-related documents. 8. Tracks the project hours and fee budget on at least a weekly basis. Reviews and approves invoice to the client for each billing period. 9. Works with the director of landscape architecture and the director of planning to ensure that the high standards of the firm and the needs of the client are met for every project.

Figure 10-18. Job description for a project manager. (Continued)

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10. Responsible for managing all projects for a goal of 15 percent profit. 11. Develops and nurtures high morale among the planning and design technical staff by being responsive to needs, concerns, and professional goals. 12. Strives to utilize all professional staff in the most efficient and productive capacity. Provides opportunities for personnel to acquire new skills and broaden responsibilities. Encourages staff in professional development opportunities. 13. Keeps current on trends in landscape architecture and planning professions by reading books and journals, attending seminars and workshops, and participating in continuing education. 14. Attends weekly project-management meetings. 15. Reviews staff time cards for accuracy. 16. Participates in staff work reviews. 17. Monitors and organizes project hard-copy and computer files for thorough and proper documentation of all job-related activities. 18. Maintains a photographic record of projects for archive and marketing purposes. 19. Sharpens management skills through reading books and journals, attending seminars and workshops, and participating in continuing education. 20. Performs other duties as required. B. Coordinating duties 1. Coordinates with the director of human resources for reviewing the work of planning, design, and technical staff, and for carrying out work staff reviews. 2. Coordinates with the public relations director to identify opportunities for publicity in print, video, and multimedia outlets. 3. Remains in close contact with principals for business development and marketing opportunities. 4. Coordinates with the director of corporate planning and marketing and with other project managers to develop incentive programs to challenge and reward technical staff. 5. Coordinates with the directors of business and finance and information systems to determine time-management reporting needs, billing methods, and billing dates. Coordinates with the director of business and finance for timely and accurate invoicing of clients. V. Education and experience A. Landscape architecture degree B. Professional registration C. A minimum of three years experience in landscape architecture D. Strong skills in management, planning, assigning, supervising, and coordinating work activities E. Sensitivity to interpersonal relations F. Able to express information and ideas clearly and precisely both verbally and in writing G. Ability to establish and maintain effective working relationships with staff, clients, contractors, and the general public H. Technically competent and current with technology and techniques applied to the design and construction of landscape architecture projects VI. Personal qualities Motivates people. Is well organized, creative, and a problem solver. Communicates well. Is sensitive to people. Is innovative and open to new ideas. Is a self-starter. Figure 10-18.

(Continued)

REFERENCES Burstein, David, and Frank Stasiowski. 1991. Project Management for the Design Professional. Rev. ed. New York: Whitney Library of Design.

Stasiowski, Frank. 1985. Negotiating Higher Design Fees. New York: Whitney Library of Design. . 1991. StayingSmallSuccessfully:AGuideforArchitects, Engineers, and Design Professionals. New York: John Wiley & Sons.

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Drucker, Paul E 1974. Management:Tasks,Responsibilities, Practices. New York: Harper & Row.

7. Using spreadsheet software, develop a project progress report format as a tool for project management.

STUDY QUESTIONS AND ASSIGNMENTS

8. Using this chapter and other references, write a thorough and in-depth paper that illustrates your understanding of quality control in the landscape architecture office. Include methods such as dual principal review, the ladder approach to checking documents, outside peer review, designated principal review, and client review. Identify and discuss other methods based on your research.

1. Using this chapter and other references, write a thorough and in-depth paper that illustrates your understanding of project management in the landscape architecture office. Interview at least one project manager working in a landscape architecture office near you. 2. Using a design project from your studio courses and this chapter, Chapter 9, and other references, develop a proposal for professional services, including a specific and thorough scope of work and scope of services. Develop an hours projection and a project budget. Develop a work plan for the scope of services that would be used as the project-management guideline for the project. Include a list of milestone events and a bar chart as part of the work plan. 3. Using the proposal developed in question 2, develop a critical path diagram for completing the professional services. Use this chapter and other reference sources to obtain a thorough understanding of the critical path method of organizing the flow of work in a professional design project.

9. Using a design project from your studio courses and this chapter as a reference, develop a construction cost projection using spreadsheet software. Make phone calls and carry out Internet research to verify costs. 10. Using this chapter and other references, develop a personnel work review form. Pair off in twos and carry out a mock work review using the form you created. After completing the mock work review, combine the separate work review forms you and your partner created into a single form that includes the best part of each form. 11. Using this chapter and other references, develop a project close-out checklist.

5. Obtain Microsoft Project software and identify how it can be used in the landscape architecture office. Use the software to develop a critical path for a design project.

12. Using this chapter and other references, write a paper that illustrates your understanding of the services provided by landscape architects during construction. Develop your own version of the key forms that are useful during construction observation activities. Interview at least one landscape construction company owner to identify what is expected of the landscape architect during construction.

6. Using this chapter and other references, write a thorough and in-depth paper that illustrates your understanding of tracking, monitoring, and managing a project. Your paper should cover what you will do, in a descending order of priorities, if the project were to become over budget and off schedule.

13. Research Internet data storage and backup software options and develop an analysis of the options for applicability to the types of data storage typically needed by a landscape architecture firm. Make a recommendation for your top three Internet data storage options.

4. On the Internet, research CPM software available and develop a rating of the software that is most useful for typical landscape architecture design projects.

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11

Business and Personnel Law

The Legal Environment of Professional Practice Landscape architects use legal rules and laws on a daily basis. They rely on, react to, make plans in accordance with—and at times may violate—laws. The legal environment of professional practice can be a harsh reality for landscape architects, and the more knowledge each landscape architect has about laws, regulations, and the legal system affecting professional practice, the more likely he or she will be to avoid legal hassles and practice in a legally acceptable fashion. In its broadest sense, law refers to the general code of conduct set down by the controlling authority with binding legal consequences. Law is the collection of rules and regulations intended to control business and social behavior. The enforcement of laws creates a level of predictability and uniformity in our society. Laws are used by members of society to resolve disputes, whether through informal dispute resolution or through formal methods that apply laws through the legal and justice system. Law creates structure for society and the world of professional practice. The landscape architect can use law to counteract dishonest, unethical, or fraudulent business practices. Law can also be used to encourage practices that further the opportunities of landscape architects.

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To be effective, law must be enforceable. It must have teeth. Deviation from generally acceptable legal behavior, whether defined by formal laws and regulations or by ethical considerations, will inevitably result in reactions to the practice of landscape architecture. Law enforcement can take many forms related to the practice of landscape architecture. Illegal actions related to professional regulation may result in restrictions, fines, or the loss of a landscape architect’s license to practice. A landscape architect’s client may be polluting a river, causing ethical or legal actions to be taken against the client or even the landscape architect. An employee who believes he or she has been discriminated against or harassed can allege discrimination or sexual harassment, and the landscape architect will face legal defense costs and a possible judgment against the landscape architect, resulting in financial loss. Enforcement of laws can become a stark reality to the landscape architecture firm engaged in illegal or unethical practice. Law enforcement is the incentive for the landscape architecture firm to carry out its practice in conformance with behavior that is lawful and acceptable to society. Every landscape architect and landscape architecture firm must monitor its practice of the profession to maintain its reputation and goodwill in the community and avoid the impact of law enforcement. Fines, insurance losses, and other consequences of violating the law are seriously detrimental impacts to professional practice.

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No single chapter in a book can begin to provide in-depth coverage of all the laws and rules that can and will impact a landscape architecture firm. The goal of this chapter is to provide an overview of the laws and regulations that are likely to apply to the business practice of landscape architecture. An overview of the origin of law is discussed first. The remainder of this chapter, however, will cover areas pertinent to the lawful practice of the profession: 1. 2. 3. 4. 5. 6.

Licensure law Government regulatory law and agencies Tort law Labor relations Discrimination law Protection of the general public and the consumer

Last, let this be said to every landscape architect who is in, or wants to be in, private practice: Find a good attorney and develop a relationship with him or her. At some time, probably when you least expect it, you will need legal advice. Having an established relationship with an attorney will make easier going of any legal complications you find yourself in.

The Origin of Law The source of law in the United States is called common law and is made and applied by judges as they resolve disputes between entities. Under common law, change is very slow and methodical as the resolution to each dispute is carefully made consistent with previous cases brought before judges and that together build up the legal tradition surrounding decisions by judges in the resolution of similar disputes. The historical roots of our legal system in the United States have their origin in English common law. After William the Conqueror and the Normans conquered England in 1066, they began the task of unifying the country under their rule. With the establishment of the King’s Courts, uniform rules and laws were set out for the country, marking the beginning of English common law. Under the practice of English common law, important cases were recorded, and judges began using recorded cases as the basis for decisions on situa-

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tions that were similar to past disputes, developing in the process precedent for settling future similar cases. This practice of deciding legal problems by referring to prior case decisions is the foundation of both the English and the American legal process. This process forms the doctrine called stare decisis, which means to stand on decided cases—to use precedent. The importance of using precedent in dispute resolution is that it creates consistency in the legal system and provides stability for businesses as long as they act within the established boundaries of preceding cases. The ethics of business practice is an important corollary today to the legal environment in the United States and in the international business community. Americans have seen the public image of business slide in the last half of the twentieth century continuing well into the twenty-first century. Confidence in business leaders, particularly with regard to honesty and ethical practices, continues to be a problem. While the notorious executive leaders of Enron and WorldCom are remembered as exceptionally egregious cases of low ethical business practice, American business is plagued by unethical practices across the board. The demise of the financial and banking industry that occurred late in the first decade of this century brought even more concern about the low levels that American business practices had sunk to. The legal community as well as federal and state governments began reacting to the low level of business ethics by 2009. At the same time, some businesses began responding by developing codes of ethics. Unless businesses also develop a corresponding compliance program, however, codes of ethics may do little to cure the problem of unethical behavior. Indeed the U.S. Department of Justice looks at whether a company has a compliance program in effect as a key factor in the agency’s decision whether to prosecute a company or to recommend leniency to a court when a legal problem arises related to unethical and unlawful business behavior. An effective ethics compliance program can also lead to lower fines for a guilty company, and it could lead to a civil legal action rather than a criminal prosecution (Meiners, Ringleb, and Edwards 1988, 2009). For landscape architecture firms, developing and adopting a code of ethics and a compliance

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program is a good thing to do in today’s business environment. Not only does a code of ethics position a landscape architecture firm in a positive, proactive light, but it also makes sense to specifically identify for clients and employees what is appropriate behavior and what is not. Here are eight guidelines that can be used to develop a landscape architecture company code of ethics: 1. Focus on the business aspects and specific issues. Consider addressing, for example, conflicts of interest, financial responsibilities of the company, agency relationships with clients, discriminatory practices, workplace safety, environmental ethics, honesty in all relationships. 2. Tailor the code of ethics to the practice of landscape architecture. Using Web research and other company’s codes as a starting point is useful, but make sure the code you fashion is truly representative of your landscape architecture company. 3. Include employees in the development of the code. Nothing may be more ineffective than a code of ethics that comes down as a mandate from the firm’s principals. When considering those issues that should be part of your code of ethics, ask others throughout your company what they think is important. Not only will that strengthen the overall scope of the code of ethics, but employees will also be more accepting of ethical guidelines into which they had input. 4. Train company staff to be ethical. The staff members of the firm need training on the company’s code of ethics. Arrange for meetings and seminars that spell out the specifics of the program and what it means to staff in their daily professional lives. Include reallife vignettes and stories of company ethical dilemmas that make the training program real for the staff. 5. Post the code of ethics on the company’s Web site. Make a hard copy available to staff. Set up a reporting system. While you don’t want to encourage a network of snitches and informants, employees will need a way to let someone know about any ethics breaches that

may occur. Maintain an open door policy. Accept anonymous tips. 6. Appoint a compliance person. While a landscape architecture firm’s ethics are of concern to everyone in the firm, it is important to appoint a compliance officer who will investigate ethics problems. Having a compliance officer also makes it easier for staff to pass along complaints or identify issues. 7. Follow up on ethics complaints and violations. A code that is not enforced is virtually meaningless. Failing to act on violations of the company code will basically render the code useless. Don’t forget to identify the penalties for violations when developing the written code of ethics. 8. Live it from the top down. The principals in the landscape architecture firm cannot appear to be above the code. If principals say one thing but do another, it will appear as a license for staff members of the firm to follow the lead of the principals. The code of ethics applies equally to everyone (Wuorio 2009).

American Law Today Case law, or judge-made law, is not the only source of law in the United States today. The executive, legislative, and judicial branches of federal and state government all have the authority to make laws. In addition, Congress at the federal level and legislatures at the state level of government use powers granted to them to establish wide-ranging laws and regulations, called statutory laws, which have wide bearing on the daily lives of citizens and the business practice of landscape architecture. The legislative process of forming laws originates with the over 10,000 items of legislation brought up for consideration in each session of Congress and hundreds of thousands of items brought before state legislatures every year. The legislative branches of government create administrative agencies and give them the authority to implement statutory law. Agencies that we are all familiar with include federal and state departments of agriculture, commerce, defense,

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education, energy, housing, labor, transportation, environmental protection, homeland security, and health and human services. The regulations and administrative orders issued by government administrative agencies have daily impacts on the business practice of landscape architecture. The impacts of statutory law enforced by government agencies will be discussed later in this chapter. The legal environment of the professional practice of landscape architecture is, therefore, defined as the collection of laws that guide and influence the behavior and conduct of the practitioner’s activities. These laws include the legal rights, duties, and responsibilities associated with professional practice, establishing the boundaries of lawful relationships between the landscape architecture firm and its clients, personnel, and business contacts. The legal environment, if not adhered to by the landscape architect, will result in the law being enforced under a wide variety of legal sanctions, including fines, liability for damages, and even imprisonment (Meiners, Ringleb, and Edwards 1988, 2009).

Licensure Laws Professional registration, or licensure of landscape architects, is regulated at the state level of government. Forty-nine states have adopted licensure laws. Generally, there are two types of landscape architecture licensure laws: ■

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Practice law, which allows only qualified individuals to practice landscape architecture. Title law, which prevents individuals from using the title or calling themselves a landscape architect without being licensed. Title laws normally allow unlicensed individuals to carry out landscape architecture work using a different title or designation, such as landscape designer.

Of the 49 states that licensed landscape architects in 2009, four of the states (Wisconsin, Illinois, Massachusetts, and Maine) have Title Laws. Vermont is the only state as of 2009 that has not licensed landscape architects. The remaining

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45 states have Practice Acts (see the ASLA Web site for state licensure information and data, www.asla.org). The premise of licensure laws is the protection of public health, safety, and welfare. Work properly performed by the landscape architect under the standard of care practiced by reasonably competent professionals can have a definite impact on the public’s physical health and safety. The following is a cross section of situations where public health, safety, and welfare are at risk: ■

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Relationships between water supply and water drainage facilities might result in the contamination of a water supply system. Improperly designed outdoor lighting systems could result in fire or injury from electric shock. Improperly designed outdoor structures, such as park shelters or stadium bleachers, could result in significant injury to people due to structural collapse. Failure and collapse of a retaining wall could lead to serious property damage. Unsafe playground design might result in the lifelong impairment or even death of a child. Improperly designed walks, steps, ramps, and railings can expose the public to hazardous injury. Roads, streets, and driveways designed too steeply can result in accidents, particularly in mountainous terrain subject to severe winter weather conditions. Poorly designed storm drainage may result in flooding or damage to building foundations. Lack of care in designing irrigation systems adjacent to building foundations can cause undermining of the footings and structural damage. Standing water caused by overspray on sidewalks can lead to slipping and falling accidents. Misunderstanding the functional characteristics of plant materials can result in some of the following hazards to human health: ■

Improper irrigation of the root systems of trees can cause instability and the possibility of blow-down and injury to property or people.

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Root systems can cause upheaval of foundations and walkways, resulting in structural failure and tripping hazards. Being unaware of the toxicity of some plant materials can cause health injury if plant parts are ingested by children, adults, or pets. Improper placement of trees and shrubs can obstruct roadway visibility. Placing thorny plants where pedestrians may come into contact with them can result in dangerous conditions.

Improper planning of open space and inattention to the selection of plant materials can lead to fire hazards or unstable slope conditions. Poorly designed cut-and-fill grading can lead to soil instability, slides, and erosion, causing property damage and possible loss of life. Unsafe pool deck conditions and lack of adequate deck space can cause safety hazards, slippery conditions, and even the possibility of drowning. Lack of construction knowledge can jeopardize the safety of the built environment and the welfare of the general public, who are dependent on professionals such as landscape architects to be aware of how the built environment is safely constructed.

Licensure benefits the general public by ensuring a minimum level of qualifications, minimum education requirements, and demonstrated competency through examination and continuing education. Licensure, through a technical board of registration, also provides the general public with an avenue of consumer protection for inadequate or incompetent professional services that cause injury or impacts to the public health, safety, and welfare. Censure, fines, or even removal of the landscape architect’s license to practice can result from grievances brought before a state board of technical registration. There are a number of other considerations related to licensure that would impact landscape architects and their profession if professional registration were jeopardized. Loss of licensure would decrease the consumer’s options for design services.

Three professions—landscape architecture, engineering, and architecture—often compete for the opportunity to provide similar services such as site planning. The loss of licensure would impact landscape architects’ capabilities to compete with engineers and architects, decreasing choices for the general public and possibly causing fees to increase among the other professions. Landscape architects also have an important interdisciplinary relationship with architects and engineers, bringing their specific educational and training background into a synergistic role with the other professions for project planning and design. Loss of landscape architecture licensure would limit consumer opportunities and possibly increase consumer costs. Licensure of landscape architects puts them on an equal basis with other professionals licensed to perform activities that landscape architects also perform. Licensure is important to clients when it is specified as one of the criteria required for working on a project. When public agencies request licensed landscape architects as the professional of choice for a specific type of design project, a park project, for example, they are making an informed decision to target the professional expertise they believe to be most suitable for the project’s requirements. Licensure also provides economic opportunity for landscape architects. Lack of professional registration may prohibit landscape architects from forming business alliances with other licensed professionals. Without professional registration, landscape architects might not be allowed to form professional corporations (PCs). Landscape architects would be limited to forming business organizations only on a full-corporation basis. They might also be denied or not be able to obtain professional liability insurance coverage. Other opportunities, such as licensure reciprocity with other states, could be jeopardized. Last, loss of licensure would severely restrict opportunities for landscape architects to perform public services for municipalities, counties, and states. To sum up, licensure may be the best form of regulation to protect public health, safety, and welfare by ensuring a level of competency and qualifying the standard of care practiced by landscape architects. Licensure is important to the profession of landscape architecture, providing a degree of

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equality with other allied design professionals and a validation of the relevancy of the profession.

Table 11-1. Early Formation of National Professional Organizations

Historical Precedent of Landscape Architecture Licensure Organization

According to Dr. Samuel C. Miller (1978), a decline in the quality of medical services resulting from the practice of more apprentice-trained than university-trained doctors led to the first American professional regulatory statute in 1639, designed to control medical profession fees. It was not until 1772, however, that New Jersey became the first state to implement a comprehensive medical practice act, regulating the practice of physicians. By the end of the 1700s, 13 states had medical licensing laws. By the mid-nineteenth century, most regulatory statutes had been repealed because of the prevailing sentiment in the United States. In the nineteenth century, the spirit of the free marketplace flourished in America, and the distant and wild frontier of the West made enforcing regulations very difficult. The fragmented regulations implemented by states needed the development and evolution of binding national organizations of professional interests to adopt professional practice guidelines and singleness of purpose. Not until a number of national professional organizations were in place by the mid-nineteenth century was there an overall organization and commitment of purpose for professional organizations such as the American Medical Association (established in 1847) to form an ethical code for professionals and address criteria such as educational requirements, training, and competency. After national associations were established to guide their respective professions, the impetus and implementation of state licensure picked up momentum again (see Table 11-1). The growth in licensure of professionals increased further after World War II, when the issuance of credentials and the need to define various areas of professional specialization picked up momentum with the emergence of new forms of technology. The information and knowledge growth that has occurred since the middle of the twentieth century brought with it a realization that we could no longer rely on simplistic or undefined measures of professional and occupational compe-

American Medical Association American Pharmacists Association American Institute of Architects American Dental Association National Society of Professional Engineers

Year Formed

Years during Which 80% of States Adopted Professional Licensure

1847

1871–1915

1852

1871–1910

1857

1897–1939

1859

1881–1930

1934

1921–1950

Source: Miller 1978

tency. Nevertheless, the significance of national associations to bring uniformity and purpose to their professionals remained a powerful force behind the willingness of states to pass legislation regulating various professions. Since about 1975, professions have experienced another move toward less government intervention in regulation of professionals. States have increasingly supported sunset review of professional licensure with the aim of reducing costs to administer professional licensure and reducing restriction on fair market competition. Arguments have been advanced that licensure is restrictive and discriminatory and may even be monopolistic in nature. The new emphasis on sunset regulation, if looked at positively, will provide landscape architects with opportunities to strengthen licensure regulation in their own states (Miller 1978).

Legal Considerations of Licensure Licensure laws have a bipolar nature. They prohibit practice for those who do not qualify for licensure and at the same time provide the basis for making legitimate professional practice available for those who are capable of meeting the licensure requirements.

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Licensure boards have the responsibility for policing the professional activities of licensees. Boards have an adjudicatory function as a part of their policing activities. They serve to provide judicial inquiry and legal resolution to allegations of professional wrongdoing or malpractice. They serve as judge and jury in applying adjudicatory power by using peers to evaluate peer activity to determine if wrongdoing has indeed occurred. Licensure boards are obligated to function within constitutional limits in exercising enforcement and police power over the profession. Boards must function within the Fourteenth Amendment rights of individuals for due process. Due process allows a landscape architect accused of professional malpractice the right to be present before peer evaluators and provide evidence on his or her own behalf in defense against the allegations. The establishment and policing of professional licensure resides legally with states, and the precedent of state sovereignty has been preserved under the Ninth and Tenth Amendments of the U.S. Constitution. The licensing and police power maintained at the state level reinforces the direct relationship between the activities of professions such as landscape architecture and the health, safety, and welfare of the public. One of the most important legal cases that reinforced the applicability of licensure for landscape architects is Patterson v. The State of New York. In this case, the court ruled that the “regulation and practice of landscape architecture is clearly related to the public health and welfare, and, as such, constitutes a valid exercise of the police power” (Miller 1978, 18). One of the issues dealt with by licensure is the concept of relative ignorance, or the capability of a consumer, a landscape architect’s client, to make an informed decision about the quality and performance of the professional’s services. The landscape architect provides intangible professional services, for which it is difficult to establish standards and objectively measure the quality of the services. The general public is vulnerable to professional practice by landscape architects because the general public may not be able to make an informed decision about the quality of the performance of the services. The client may not become aware of the consequences of poor professional services until some time after the services have been delivered. Licensing provides a

level of protection for the consumer—the client—by setting competency levels, removing incompetent practitioners, and providing a body—the technical registration board—to bring grievances to if and when they occur.

State Boards of Technical Registration Typically, members of state licensure boards consist of professionals, usually appointed by the governor of the state, of the same profession as is licensed by the board. If the board functions only for landscape architecture registration, the board will comprise landscape architects. If the board governs the professional activities of several professions, such as the state board of technical registration in Arizona, which administers professional registration for architects, assayers, engineers, geologists, land surveyors, and landscape architects, the board will include representatives of each of the professions governed. It is also common to have members of the general public appointed to state registration boards to provide balance and refute arguments that a board might have a conflict of interest if it is made up solely of landscape architects or other professionals trying to govern themselves. The powers and duties of a state licensure board normally include some or all of the following: ■

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Adopt rules of conduct of its meetings and performance of the duties spelled out in the enabling legislation. Elect a chairperson and other officers of the board. Employ staff for board administration as necessary and provided for within authorized funding. The staff may rent office space as needed to carry out the board’s mission. Maintain a Web site for easy access to the board’s information. Adopt an official seal for registered individuals to use on their plans and other documents. Set competency, education, and training requirements for professional registration. Conduct registration examinations. Consider and pass candidates for registration.

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■

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Provide a process for hearing complaints and charges that a professional has not practiced in accordance with the state registration law. Hear and rule on complaints or charges that a professional has not practiced in accordance with the state registration law. Keep records of proceedings and other statistics and information about professional registration in the state. Administer the regular renewal of individual professional registration. Adopt rules and regulations for professional conduct. Require evidence of continuing competency of registrants, such as setting provisions for continuing education. State boards set the regulatory provisions for professional practice. They may require that all public works projects executed in the state, for example, be stamped by the various registrants required to provide the full range of professional expertise needed on the project. The boards will set the limitations, if any, on professional practice, and they will establish classifications of violations. Violations may include some or all of the following, which by law are usually considered misdemeanors: ■ Practicing, or offering to practice, landscape architecture without being registered ■ Advertising, displaying a business card or other device, such as a web site, that indicates to the public that one is a landscape architect when not duly registered ■ Assuming or using the title landscape architect without being registered ■ Using an expired or revoked landscape architecture license ■ Presenting false evidence to the technical board of registration with the intent to obtain a license to practice landscape architecture

Each state board will have a review process regarding complaints. In Arizona, the state board of technical registration appoints standing enforcement advisory committees made up of at least four registrants and public members. These committees are used by the board’s staff to provide technical assistance in evaluating the disposition of complaints.

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Members are selected from lists of volunteers and letters of interest and re´ sume´ s. During the preliminary informal investigation of a complaint, registrants named as respondents are offered an opportunity to appear before an advisory committee for an informal conference related to the complaint. Respondents may elect to appear with or without counsel. The committee attempts to assess the complaint and discuss the complaint with the respondent and others, if deemed necessary, and prepares a recommendation for disposition of the complaint. Respondents can elect not to participate in the informal conference, and no inference will be drawn from a respondent’s decision not to attend. The respondent will be advised of the committee’s recommendation and will be offered the opportunity to attend an informal compliance conference as part of the informal investigation. After the informal investigation has been completed and the committee recommendation supports a determination that the complaint is unfounded, the committee forwards the recommendation to the board for review and final disposition. In cases where the advisory committee finds probable cause to believe that disciplinary action is warranted, the staff will attempt to obtain a signed consent order for review by the board. The board will be presented with a report of the committee’s recommendation, a staff recommendation, and a counterproposal from the defendant. When the state board receives a report concerning a possible violation, the board will conduct its own investigation. The investigation reports, the advisory committee’s recommendations, and any other documents and materials relating to the investigation remain confidential until the matter is closed, a hearing notice is made, or the matter is settled by consent of the registrant. The registrant will be notified, and the public is allowed to obtain information that an investigation is being conducted and about the general nature of the investigation. After notification, subpoenas may be issued to possible witnesses regarding the complaint. Thereafter, a hearing before the board will be scheduled according to the adjudicative rules of the state’s Administrative Procedures Act. At any time, either before or after formal disciplinary proceedings have been instituted against a registrant, the registrant may submit to the board an offer of

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settlement whereby, in lieu of formal disciplinary action by the board, the registrant agrees to accept certain sanctions such as suspension, civil penalties, enrolling in continuing education courses, limiting the scope of his or her practice, submitting his or her work product to professional peer review, or other, self-recommended sanctions. If the board determines that the proposed action will adequately protect the public welfare, the board can accept the offer and enter a decision for the record incorporating the proposed settlement. During the formal hearing process, the board may grant a rehearing by specifying the grounds on which the rehearing is to be granted. The rehearing will deal only with the particular elements specified. If the board determines that a rehearing is impracticable, unnecessary, or contrary to the public interest, the board may issue its decision as final without the opportunity for a rehearing. The registrant may seek judicial review of the decision as a last resort. Boards also initiate inquiries into malpractice’ claims. In Arizona, the attorney who files a malpractice claim must file a copy of the complaint with the state board, containing the following information: ■

■ ■

■

The name and address of the defendant (e.g., the landscape architect) The name and address of the plaintiff The name and address of each registrant providing services to the plaintiff A statement specifying the nature of the occurrence resulting in the malpractice action

The report is not discoverable and not admissible as evidence. Upon receipt of the report, the board initiates an investigation into the matter to determine if the registrant against whom the complaint is filed is in violation of any provision or rule promulgated by the board.

Government Regulatory Laws and Agencies Government regulatory laws are enforced by federal and state agencies, which have the power granted by

legislative authority to take actions affecting individuals and the practice of landscape architecture. Agencies are created through enabling legislation that spells out the makeup and powers of the agency. Legislative bodies create agencies when a societal problem becomes important enough for legislative leaders to believe that supervisory processes and expert leadership are necessary to regulate and control the problem. In the 1930s, for example, there was a need to bring the country’s workforce out of the underemployment and substandard wages caused by the Great Depression. The United States Congress, at the urging of President Franklin Delano Roosevelt, enacted the Fair Labor Standards Act (FLSA), establishing a minimum wage for employees. Congress established regulatory powers for the FLSA under the Department of Labor. The act has been amended many times since then to the point where virtually every employee in the private sector is covered and receives at least the minimum wage, as well as rights involving working hours, overtime pay, and work breaks. In 1946 Congress enacted the Administrative Procedures Act (APA), which defined and systematized the basic procedural rules for all federal agencies. The APA is the cornerstone of administrative law for federal agencies. The act sets forth the requirements for agencies to publicize their rules in the Federal Register and make documents available to the general public upon request. The APA established rule-making procedures and procedures for review of agency decisions made by each agency. The act also established the scope of judicial review of agency decisions. The first federal regulatory agency to be established was the Interstate Commerce Commission, which was authorized by Congress in 1887 primarily to regulate railroads. Shortly thereafter, the Food and Drug Administration (1907) and the Federal Trade Commission (1914) were established. A significant number of federal agencies were introduced in the 1930s as part of President Roosevelt’s New Deal. The Securities and Exchange Commission (SEC), the Civil Aeronautics Board (CAB), and the Federal Deposit Insurance Corporation (FDIC) are a few of the federal agencies established in the 1930s. The New Deal agencies tended to target controls needed on specific industries.

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The next boom of federal agencies came in the 1960s and 1970s. The agencies established at this time targeted the broader need for social reform and the environmental and health protection of the general public. The Environmental Protection Agency (EPA) was established to control pollution of the environment. The Occupational Safety and Health Administration (OSHA) was established to provide a safe and healthy workplace for the general public. Other federal agencies established in the 1960s and 1970s included the following: ■ ■

■ ■ ■ ■ ■

■ ■ ■ ■ ■

Consumer Product Safety Commission Department of Housing and Urban Development Council of Environmental Quality Council of Consumer Affairs Department of Energy Department of Transportation Equal Employment Opportunity Commission Federal Maritime Commission Federal Energy Regulatory Commission National Railroad Passenger Corporation Nuclear Regulatory Commission United States Postal Service (Meinen, Ringleb, and Edwards 1988)

There are two basic types of administrative agencies: executive agencies that fall under the Executive Office of the President and independent agencies. The executive agencies fall under 15 executive departments, including: ■ ■ ■ ■ ■ ■ ■ ■

■ ■ ■ ■ ■ ■ ■

Department of Agriculture Department of Commerce Department of Defense Department of Education Department of Energy Department of Health and Human Services Department of Homeland Security Department of Housing and Urban Development Department of Justice Department of labor Department of State Department of the Interior Department of the Treasury Department of Transportation Department of Veterans Affairs

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Executive agencies under the 15 departments include the Forest Service, Fish & Wildlife Service, National Park Service, Federal Highway Administration, the Internal Revenue Service, and the Occupational Safety and Health Administration, as well as many other agencies that may play some role in the professional practice of landscape architecture. The heads of executive agencies are appointed by the president. Independent agencies have been created by Congress to act in a more politically impartial fashion. Membership and leadership are controlled by the enabling legislation to spread out the makeup of the agency among the political parties. The independent agencies are normally headed by a board or commission that allows only a slight majority to be of the same political party. The independent agencies are very active, and a great deal of federal regulations originate with them. The Environmental Protection Agency, for example, is one independent agency that landscape architects may have dealings with. The powers of regulatory agencies generally fall into three categories: investigative power, rulemaking power, and adjudicatory power. Each regulatory agency needs information to control and regulate the agency’s administrative area of responsibility. The agencies need information about the industries and activities they are charged with regulating so that violators can be identified, and areas where the regulations need to be modified or strengthened can also be identified. Much of the information needed by regulatory agencies must come from the industries, businesses, and individuals the agencies regulate. One can imagine that industries, businesses, and individuals may be reluctant to provide information, especially if an infraction of the regulations may be in question. Industries, businesses, and individuals normally desire to protect their privacy and avoid costs associated with providing information to regulatory agencies. If a regulatory agency requests information, and the information supplied is inadequate or suspicious, the agencies have the powers of subpoena and search and seizure as means to obtain information from industries, businesses, and individuals unwilling to provide information. These powers give the agencies the teeth they need to enforce their areas of responsibility. All

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investigations of industries, businesses, and individuals must be for a relevant and lawful purpose based on a suspicion of some infraction of the regulations governed by the regulatory agency. Requests for information must be specific and not unreasonably burdensome. The requests must also not violate the Fifth Amendment rights of the industry, business, or individual (Metzger et al. 1989). The rule-making power of agencies is governed by the enabling legislation that established the agency. Rules generally take three forms: substantive, interpretive, or procedural. Substantive rules have the same effect as legislation enacted by Congress. When an agency issues a substantive rule or regulation under powers granted by Congress, the rule becomes federal law. In establishing a substantive rule, the agency must follow the rules set down by the Federal Administrative Procedures Act (APA) of 1946. The agency is required to conduct a hearing where interested parties and experts have the opportunity to present background information and arguments either in favor of the proposed rule or against it. The APA does have a provision for allowing an agency to develop a rule without going through the public hearing process if there is good cause that the rule is necessary and the public hearing process would be impractical or unnecessary. Reasons for an agency to develop a rule without going through the public hearing process include expediency and urgency of the need for the rule where the time needed for the public hearing process may not be in the public interest. Interpretiverules are set out by the agencies to guide and interpret the responsibilities of the agencies. The rules may be general policy statements or strict regulations that have binding effects on industries, businesses, and individuals. The agency is not required to follow the public hearing process established by APA when setting interpretive rules. The rules are usually based on the expert opinions of the staff and consultants working for the agency. However, laws allow industries, businesses, and individuals that would be adversely affected by the interpretive rules to legally challenge the rule. If the rule is successfully challenged, the agency is usually required to go through a public hearing process regarding the proposed rule. Procedural rules are developed by agencies to make the industries, businesses, and individuals aware of

the operations and practices of each agency. Procedural rules describe an agency’s methods of operation and its internal practices. The authority to set procedural rules is governed by the enabling legislation that establishes each agency. A challenge to an agency’s rules, for instance, is typically upheld if it can be shown that the agency did not follow its own rules. (Meiners, Ringleb, and Edwards 1988, 2009).

Agency Processes and Procedures The main job of most agencies, such as the Occupational and Safety Health Administration, for example, is to enforce federal laws written by Congress or developed as rules and regulations by each agency. Information about compliance with federal laws is obtained in three ways: 1. Business self reporting 2. Direct observation, such as OSHA inspections 3. Agency subpoena powers used to obtain business records Agency enforcement processes and procedures fall under two general categories: day-to-day, informal procedures and formal procedures including investigations and adjudicatory hearings. Informal, discretionary procedures are developed by each agency to cover day-to-day operations, including activities such as processing regulatory applications and permits; advising industry, business, and individuals; negotiating resolution to regulatory issues; and providing for the ongoing supervision of industry, business, and individuals as related to the agency’s regulatory responsibility. Publicity and information campaigns are two of the informal procedures used by agencies to pressure industry, business, and individuals to conform with regulatory procedures. If an industrial plant is polluting the groundwater by discharging harmful chemicals, the EPA may use publicity in the local media as part of the corrective measures, in addition to using the agency’s full regulatory powers. The publicity is coercive in nature and also designed to build public support for the EPA’s regulatory

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actions, which could include the plant paying fines and the costs of remedying the pollution. The agencies’ formal procedures include investigations and adjudicatory hearings. Investigations are carried out through the public hearing process, following rules established under the APA. The hearing results in rules or regulations that will be used by the agency in exercising its authority over industry, business, and individuals. The APA requires the agency to publish a proposed rule that results from an investigation and hearing in the Federal Register. Under the APAs informal policies for developing rules, interested parties may comment on the proposed rule. A full hearing involving testimony and expert witnesses is not usually carried out. Under formal APA procedures, on the other hand, the agency is obligated to engage a formal investigative hearing with proceedings on the record. Public-interest groups and other concerned individuals may bring forth expert witnesses to testify regarding the proposed rule. The witnesses will be cross-examined. The process also allows for appeals if the affected industry, business, or individuals are unhappy with the outcome of the hearing and the rule. The industry, business, and individuals also have the opportunity to seek review through the federal courts. Adjudicatory hearings also follow APA procedures. Such hearings are used to initiate a ruling against an entity or individual as opposed to an industry-wide or broader audience. To initiate an adjudicatory hearing, the agency files a complaint against a specific business believed to be violating an agency rule or regulation. The decision reached in the adjudicatory hearing is applicable only to the specific business and not to the industry as a whole. If a complaint is filed, the business must respond to the allegations. The agency will research the alleged rule infractions and develop a case against the specific business. The business, of course, will develop its defensive posture. The hearing will be presided over by a judge who is a civil servant of the agency holding the hearing. The hearing is carried out very much like a trial, including the presentation of evidence and the examination and cross-examination of witnesses. Upon completion of the hearing, the agency law judge will render an opinion. If the decision is acceptable to the specific business, the decision is implemented by the

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agency. If the business is not satisfied with the decision, the business may appeal to the commissioners of the agency and then the federal court system (Meiners, Ringleb, and Edwards 1988, 2009).

Legal and Legislative Restrictions The checks and balances on the powers of agencies are provided by both the federal courts and the legislature. Industries, businesses, and individuals affected by agency rules may appeal decisions and rules in federal courts. The process is called judicial review and is intended to see that agencies follow appropriate legal procedures and uphold the constitutional and legal rights of industry, business, and individuals. In order to challenge an agency decision in federal court, the industry, business, or individual must have standing—a ruling that is entitled to protection under the law. Without standing, the industry, business, or individual is not entitled to seek judicial review. The criteria for determining if an industry, business, or individual has standing is whether the agency’s action or rule has caused legitimate injury to the industry, business, or individual seeking judicial review. The judicial review will look at three areas of the agency’s regulatory power. First, the court will examine the agency’s approach with regard to its substantive determinants. Have the facts been thoroughly explained? Do the facts have some basis in the agency’s record? Do the facts present a logical explanation such that a reasonable person would reach a similar conclusion? Second, the court will examine the agency’s statutory interpretation. The court will look at the agency’s implementation of the congressional statutes that authorize the power of the agency. Third, the courts will examine the agency’s procedures to see if the agency has acted fairly and has not violated its own established procedures. Congress also serves as a watchdog on agency actions. Congress can revoke agency power and use its funding authority to cut or support agency programs. In order to keep abreast of agency activities, Congress requires agencies to make reports on their activities. Congress also holds veto power over any agency regulation and uses the veto power

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if it finds the regulatory agency’s actions inconsistent with the power and objectives of the agency (Meiners, Ringleb, and Edwards 1988, 2009). Last, Congress has used sunset laws as a control over agencies. Sunset laws require the agency’s need, effectiveness, value, and procedures to be reviewed on a periodic basis, such as every 10 years. If the agency is found to serve no further public value, it is abolished, or the sun is allowed to set on it. Landscape architects are particularly familiar with sunset laws related to professional licensure. Many states have adopted sunset laws that require review of landscape architecture professional registration and its value to serving the public needs. Many groups of landscape architects throughout the country have been involved in defending the value of technical registration of landscape architects to their state legislatures to avoid sun setting on professional registration.

Tort Law and Negligence Tort law frequently has the greatest impact on the professional practice of landscape architecture. This does not mean that other branches of law, such as contract, administrative, or regulatory law, do not affect professional practice. They do. Tort law, however, involves a civil wrongdoing against another entity or person where there is a breach of a legal obligation to the entity or person resulting in a legally defined harm to the entity or the person. The courts will provide a remedy for the wrongdoing in the form of payment of actual or compensatory damages, and in cases of particularly repulsive wrongdoing, the courts may also award punitive damages. Tort law is important to the professional landscape architect because claims of negligence, strict liability, and intentional tort fall under this section of the law. Under tort law, landscape architects have a duty, simply put, not to injure or damage another person by negligent acts.

Negligence Michael B. Metzger et al. give the following definition in their text Business Law and the Regulatory

Environment: “Negligence essentially involves an unintentional breach of a legal duty owed to another that results in some legally recognizable injury to the other’s person or property” (Metzger et al. 1988, 95). The injured party that sues a landscape architect for negligence must prove that the landscape architect had a duty not to injure the party, that the landscape architect actually breached the duty, and that the landscape architect’s breach was the actual and legal cause of the injury to the party. If the professional conduct of a landscape architect is carried on below the expected standards established to protect the public, a lawsuit for negligence may inevitably be brought against the landscape architect. In addition to the elements of proof discussed in the previous section, the courts apply the concept of the standard of care in assessing whether a landscape architect has carried out professional practice negligently. The standard of care is the obligation of the landscape architect to provide professional services with the ordinary degree of skill that would be expected of other reasonably competent landscape architects under the same set of conditions. Duty Not to Injure the Party

In proving that a landscape architect has been negligent, the courts will rely on the standard of care and attempt to prove that the landscape architect has not acted with reasonable care. The initial question facing the courts is whether the landscape architect has a duty to protect his or her client from the harm that has occurred. The legal duty can be established by the contract between the landscape architect and the client. Professional licensure provides another basis for determining the duty of the landscape architect to his or her client. Statutes and codes provide other reasons for determining that the landscape architect has a specified duty to be aware of the statutes and codes and not act negligently in relation to the areas of service covered by the statutes or codes. If a landscape architect violates a statute or a code, he or she may be guilty of negligence if the statute has been designed to protect the client or the general public. The courts usually find that violating a statute is conclusive evidence that a landscape architect has acted negligently. The bottom line applied by the courts is the consideration of whether

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the risk caused to the injured person is unreasonable. In reaching a conclusion, the courts will assess whether the risk caused to the injured party could have been easily avoided by the landscape architect against the possibility that injury might have occurred and how serious the injury is. As the risk of injury to the general public increases, the duty of the landscape architect to act without negligence also increases (Metzger et al. 1989). Did the Landscape Architect Actually Breach the Duty?

In determining if the landscape architect has breached his or her duty, the courts must find that the landscape architect’s actions were, in fact, the actual cause of the injury or damage to the person. Courts apply the concept that the landscape architect’s actions are the actual cause and the injury would not have occurred but for the landscape architect’s breach of duty. The landscape architect’s responsibility will be for the actual results of the harmful act. One of the courts’ interpretations of actual cause is also one of the main defenses to claims of negligence. The courts may determine that if the landscape architect could not have reasonably foreseen an injury to a party, the landscape architect may not owe a duty or remedy to the injured party. In other words, if the landscape architect has followed all of the statutes and codes by designing a safety railing, and a person sues the landscape architect because he or she fell over the railing and was injured, the courts may find that the landscape architect acted with the proper standard of care and may drop the charge of negligence. On the other hand, courts will not side with the landscape architect if the injured party can prove that he or she was truly seeking to avoid an injury that was caused by the landscape architect’s negligence. Another way that a landscape architect can be relieved of negligence is by superseding or intervening causes. In certain situations, an intervening cause occurs in addition to or after the fact of an allegation of a landscape architect’s negligent act. If a tree branch above a bench in a courtyard falls on a person and seriously injures the person, a suit may be brought against the landscape architect for negligence. If the landscape architect can prove that the cause of the tree branch falling off

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was improper maintenance, pruning, and watering of the tree, the court may decide that this intervening cause is the real reason the tree branch fell off, and the landscape architect would be absolved of the responsibility for negligence. If the intervening actions are the primary cause to the injury, courts are very likely to agree and the landscape architect would be exonerated (Meager et al. 1989). Another situation is contributory negligence. In this case, if the landscape architect proves that the injured party caused or contributed to the harm done, the landscape architect may not be liable even though his or her negligence was a contributing factor. The concept of contributory negligence means that the injured person also has a responsibility for acting within his or her own standard of care to avoid injury. Attempting to prove contributory negligence is a proactive defense against negligence that must be initiated by the landscape architect (Schoumacher 1986). In today’s litigious world, the notion of contributory negligence is one of the other defenses against accusations of negligence. If a landscape architect is part of a design team and a lawsuit is brought because of an injury on the project site, the courts may find that several of the consultants contributed to the cause and distribute the damages among the design consultants. A landscape architect’s attorney often uses this type of defense position to spread out the financial responsibility in cases of alleged negligence where a design team of a number of consultants worked on the project (Schoumacher 1986). The Landscape Architect’s Negligence Is the Actual and Legal Cause of the Injury

The third element of a negligence case brought against a landscape architect is the burden of proving that the landscape architect actually broke a law. Unfortunately, this is normally the easiest part of the alleged negligence to prove. If an injury occurs, it is relatively easy to prove. Shades of gray occur when the injuries are claimed to be emotional in nature. The courts are much more reluctant to award claims based on emotional injury. To be successful, the injured party must prove the emotional injury was the result of a landscape architect’s negligence. Although this may be difficult, the courts have evolved into a slightly more lenient

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stance regarding emotional injury if the plaintiff can prove that the emotional injury was a foreseeable consequence of the landscape architect’s negligence (Metzger et al. 1989).

Strict Liability “Strict liability means that defendants who participate in certain harm-producing activities may be held strictly liable for any harm that results to others, even though they did not intend to cause the harm and did everything in their power to prevent it” (Metzger et al. 1989, 113). Strict liability is less likely to be a legal problem for the landscape architect, but it may enter into unique situations such as zoo design. If a wild animal escapes and causes injury to a party, regardless of how careful the zookeeper may have been in keeping the animal confined or how carefully the landscape architect designed the enclosure to prevent the wild animal from escaping, both the zoo and the landscape architect may be sued and held strictly liable for the injury (Schoumacher 1986).

Intentional Torts The last type of tort violation that a landscape architect could be involved in is a case where the injured party contends that the landscape architect intended to cause harm. Examples of intentional torts are trespassing, libel, slander, defamation, invasion of privacy, battery, and assault. Although these activities are less likely to result from the day-to-day practice of professional landscape architecture, people, being people, can and do get themselves into situations where they are accused of intentionally harming another person. Trespassing is a good example of an intentional tort that a landscape architect may be accused of while carrying out a site analysis. The landscape architect may plead that he or she was not aware of straying onto property clearly posted with Do Not Trespass signs, but if a particularly angry or litigious landowner doesn’t agree that the trespassing was unintentional and wants to press charges, he or she is well within legal rights to do so.

Libel and slander are two other intentional torts that may enter into a landscape architect’s realm, if anger over a client or another professional occurs. Defamation is the tortious act of injuring a person’s reputation thorough false and defamatory statements. Libel is written or printed defamation. Slander is verbal defamation. There may be times in the professional practice history of a landscape architect where he or she feels deeply wronged by a client or another allied professional. If the landscape architect says or writes something defamatory about the client or the allied professional, the landscape architect may be opening up himself or herself to a lawsuit based on defamation. The best word for the wise here is to control your temper, because if you can’t, you may have to face the rather ugly allegation of defamation. Most landscape architects who carry out their professional practice honestly and with a high degree of respect for the personal rights of their fellow citizens should be able to avoid intentional torts.

Labor Relations This section covers many of the key laws affecting employer/employee relations. Because almost all landscape architecture firms become employers, the laws and issues concerning the rights and responsibilities of the employees play an important role in the legal environment of business. A number of federal laws have affected labor and management relationships in the twentieth and twenty-first centuries. These laws include the Norris-La Guardia Act, the Wagner Act, the Taft-Hartley Act, the Landrum-Griffin Act, and the National Labor Relations Act. These laws generally relate to employees’ rights to organize in unions and how unions must legally carry out their business of organizing and collective bargaining. Federal laws also cover labor considerations such as right-to-work, minimum wage, and worker’s compensation laws. Federal laws cover workers’ safety, health, retirement rights, and whistleblower protection. In general, these laws do not significantly impact landscape architecture firms and relations with their employees. The National Labor Relations Board (NLRB) is the governing board with the responsibility to

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administer the National Labor Relations Act. Five board members and a general counsel are appointed by the president and confirmed by the U.S. Senate. The NLRB has statutory jurisdiction over all employers where interstate commerce is carried on. The NLRB generally does not get involved with jurisdiction over small employers with a local business orientation. As such, the NLRB would be unlikely to exercise authority over the practice of most landscape architecture firms. The remainder of this section covers those federal and state laws that have more of a bearing on landscape architecture private practice.

Employment-at-Will Under common law, employees serve employers at will. Employers may discharge employees for any cause or reason at their will and discretion, and employees may leave their employment at any time for any reason. Specific terms of an employment contract can alter employment-at-will law by containing employment terms, such as a specific length of time the employee will be employed or the specific tasks that the employment contract covers. Most states have laws that prevent discharging an employee for refusing to carry out acts that are illegal, unethical, or against public policy. In most states, employees cannot be fired at will for the following reasons: ■ ■ ■

Refusing to carry out an illegal act Serving a public duty such as jury duty Seeking a right governed by law, such as filing a worker’s compensation claim

Some states also include what has become known as whistleblower protection. Whistleblowing occurs if an employee is aware of an illegal act and tells authorities about it. The whistleblower may not be terminated by the employer for his or her actions. While the employment-at-will doctrine is now affected by many statutes that control some aspects of the employment relationship, the employment-at-will doctrine remains very strong in the American workplace (Meiners, Ringleb, and Edwards 1988, 2009).

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One area of federal legislation that might affect a landscape architect employer/employee relationship and the at-will nature of American employment laws is the Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA). This legislation requires employers to provide employees with up to 5 years of leave to serve in the military. When an employee returns from military service, their employer must make available their old position at the same rate of pay without any loss of seniority or benefits, such as health insurance and vacation pay. The protections apply even if the employee has been replaced. If the employee’s position no longer exists, the employer usually must give them an equivalent position. Additionally, an employee who returns from military leave cannot be terminated without cause for 180 days following their return (www.dol.gov).

Minimum Wage The Fair Labor Standards Act (FLSA) passed by Congress in 1938 set the first federal minimum wage standards. The first minimum wage was set in 1938 at $.25 per hour. In 2009, the minimum wage and overtime pay affecting employees in the private sector and in federal, state, and local governments, was set at not less than $7.25 per hour. Overtime pay at a rate not less than one and one-half times the regular rate of pay is required after 40 hours of work in a workweek. As a general rule, employees must be paid for all of the time they are at work when that time is not used for personal reasons. An employee must be paid at least the minimum wage for each hour worked in the work week. If the average hourly earnings, not including overtime, in each work week equal the minimum wage rate per hour, the minimum wage requirement is considered to be met. Hourly employees must be paid at least the current minimum wage rate per hour. Salaried employees’ pay must also meet the minimum wage rate for the hours worked. The salary, divided by the hours worked in the work week, must meet minimum wage requirements. The FLSA allows employers, such as landscape architecture offices, to use the services of interns on

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an unpaid basis but six criteria must be met. If all of the following criteria are met, the intern is not considered to be an employee and, therefore, required to be paid minimum wage. The requirements that must be met: ■

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The training, even though it includes actual operation of the facilities of the employer, is similar to that which would be given in a vocational school; The training is for the benefit of the trainees or students; The trainees or students do not displace regular employees, but work under close supervision; The employer that provides the training receives no immediate advantage from the activities of the trainees or students and, on occasion, his operations may even be impeded; The trainees or students are not necessarily entitled to a job at the conclusion of the training period; and The employer and the trainees or students understand that the trainees or students are not entitled to wages for the time spent in training (www.dol.gov).

A good rule of thumb for a landscape architecture firm that is considering using interns is to pay them, even if the pay is minimum wage. The paid intern will be a happier intern and will likely perform better than an unpaid intern. Also, there will be no issues related to meeting the minimum requirements for meeting the test of an unpaid intern.

Worker’s Compensation Laws Under workers compensation laws enacted by state governments, employers are required to pay a benefit to an employee or an employee’s heirs for injuries or death that occur on the job. Individual states set the level of benefits. The premiums are paid by all employers and relieve the employer from damage suits related to job injuries. In exchange for paying premiums, landscape architecture firms are insulated by state laws from

most employee damage suits arising out of on-thejob injuries. The objectives of worker’s compensation laws are to: ■

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There are five typical benefits paid under workers compensation laws: death, total disability, permanent partial disability, temporary partial disability, and medical expenses. Worker’s compensation insurance rates are set by category of employee and the degree to which the category of employment may be hazardous. In a landscape architecture firm, a person who goes out to sites for construction observation activities will have a higher insurance rate than a draftsperson or secretary. Rates are also lower overall if a firm has a good safety record and low or no claims. Claims made against worker’s compensation insurance are generally cut and dried. The worker must be injured from an accident that occurred in the course of employment. As employers, landscape architecture firms must be sensitive to any and all worker’s compensation claims. The firm must inform employees of their workers compensation insurance rights. If an injury occurs, the welfare of the employee must be of immediate concern to the employer (Meiners, Ringleb, and Edwards 1988, 2009).

OSHA and Workers’ Personal Job Safety All landscape architecture firms have an obligation to provide a safe and healthful work environment. Workers’ rights to a safe workplace were legalized when Congress passed legislation establishing the

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Occupational Safety and Health Administration in 1970. That year, the National Safety Council published the startling facts that over 14,000 workers die on the job each year and over 2 million workers suffer disabling injuries (Meiners, Ringleb, and Edwards 1988, 207). In 2005, there were 4.2 million occupational injuries and illnesses among U.S. employees. Approximately 4.6 of every 100 employees experienced a job-related injury or illness, and in 2006, 5,703 employees lost their lives on the job (www.dol.gov). Statistically, injuries and deaths per capita have declined since the inception of OSHA. The act establishing OSHA requires employers to comply with workplace safety standards and to keep records of work-related injuries, illnesses, and death resulting from job-related accidents. Employers are obligated to provide a work environment free from recognized hazards that may cause death, injury, or hardship. OSHA’s regulations also encourage employers to implement safety and health education programs. OSHA compliance is required of every employer, and the law encompasses virtually all employers, including landscape architecture firms. Self-employed individuals are exempt. OSHA’s standards are developed by the National Institute of Occupational Safety and Health (NIOSH). One of NIOSH’s main purposes is carrying out research related to work-environment safety in occupations prone to job-related injury. An advisory committee consisting of a representative from industry and public members establishes and amends standards governing workplace safety. Proposed OSHA standards are published in the Federal Register, at which time the public and interested parties have the opportunity to comment on the proposed regulations. A public meeting may be held. After receiving public and industry input, the secretary of labor approves the standard and it becomes law (Meiners, Ringleb, and Edwards 1988). OSHA has the authority not only to set workplace safety standards but also to make inspections to see that the standards are being met. OSHA inspectors may issue citations and fines for conditions believed to violate OSHA regulations. Because OSHAs staff of inspectors cannot possibly inspect all of the five million businesses in the United States, OSHA has prioritized the categories of busi-

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nesses to inspect. The first priority is workplace environments that present imminent danger situations. There are workplaces where it is reasonably certain that dangerous working conditions may prevail. The steel industry is an example. The second priority focuses on fatalities and catastrophes resulting in five or more workers being hospitalized. Again, in an attempt to avoid similar accidents in the future, OSHA staff will make inspections to determine if OSHA regulations have been violated. An OSHA inspection will begin with the inspector’s meeting a representative of the employer and a representative of the employees. The inspector will review the workplace conditions and the employer’s records of health problems, noise, ventilation, and use of hazardous materials. The workplace inspection will include looking for signs of possible health safety risks such as odors, dust, fumes, excessive noise, chemicals, and other dangerous substances. After reviewing possible hazards, the inspector will take samples, make measurements, and use equipment designed to determine levels of noise, dust, and other hazards. These measurements will be used as evidence if a citation is made. The OSHA inspector will also determine if the employer has implemented engineering or administrative measures to control workplace injury and if personal protective devices are provided by the employer and properly used by employees. The inspector will ascertain if the employer monitors health hazards, provides regular medical exams to identify possible health problems, and if the employer conducts safety training programs. At the end of the inspection, the OSHA inspector will meet with both the employer and employee representatives. If a citation is issued, employees have the right to refuse work assignments that may present hazardous working conditions. Employees also have the right to oversee the employer’s correction of hazards within the schedule set by the OSHA inspector. Another of OSHA’s important activities is issuing Hazard Communication Standards, with which all employers must comply. Hazard Communication Standards deal primarily with the hazards of chemicals produced or imported by chemical manufacturers. The standards require all employers to inform their employees about the hazardous

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materials they might be exposed to. Employers must develop and implement a written hazard communication program describing procedures for using the materials safely and providing information about safety precautions and what to do if accidents occur. Restricting smoking in the workplace is another consideration, although not expressly covered by OSHA regulations, employers such as landscape architecture firms must be sensitive to. Most firms develop a nonsmoking policy that limits smoking to certain areas in the workplace. The main consideration in developing a nonsmoking policy is that it must withstand legal challenge based upon discrimination (London 1991). Video display terminals (VDTs) are another work-related concern that has become significant since 1980 with the use of computers in the workplace. In 1997, OSHA published guidelines on computer workstations that are applicable in today’s landscape architecture office environment.

haps brought on by anger or frustration at a perceived lack of proper performance. Most authorities on this matter agree that a paper trail is important documentation should an employee need to be terminated. The documentation should be specific and filed in the employee’s personnel file. It should describe specific cases of improper performance, such as insubordination, tardiness, lack of qualifications to carry out duties, or harassment of other employees. The reason may also be because of a decline in business or the termination of a major contract, requiring a reduction in office staff. Each written incidence with regard to the employee’s performance should also be accompanied by a sit-down talk with the employee to discuss the improper behavior and to inform the employee that a report will be filed in his or her employee file. The following considerations should be used as a guide in handling the actual termination of an employee: ■

Firing an Employee One of the most traumatic events that can occur in a landscape architecture firm is the firing of an employee. It is not easy for either the employer or the employee. For the employer, there is the ever-present possibility that firing an employee may lead to a lawsuit for unjust termination or wrongful discharge. The concept of employment-at-will, discussed earlier, generally prevails in workplace law. Wrongful termination is a recent legal development that generally works in favor of employees and provides a legal basis whereby employees may be dismissed only for just cause because they have a right to their job. Wrongful discharge is big news nowadays. There is hardly a newspaper printed that doesn’t sooner or later carry stories of cases where employees have been legally exonerated for wrongful termination and have been awarded large sums of money for back pay and punitive damages. The employer also may be required to reinstate the employee who has been wrongfully terminated. How do the managers of a landscape architecture firm go about firing an employee if the need arises? First, the termination should be planned. Avoid spur-of-the-moment actions per-

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The landscape architecture firm’s managers or owners should review the need to fire an employee and obtain concurrence. Clearly understand the reasons for terminating the employee. Be clear that the reasons are not discriminatory. Check out the situation and reasons for firing the employee with the firm’s attorney. Make sure that the firm has an established policy for firing employees and that it is followed for each dismissal. When the decision is final, set a private, personal meeting with the employee being terminated. During the meeting, state the reasons for the termination. Be brief, because the termination will be traumatic for both employer and employee. Stick to the facts. Allow the employee to respond, but keep in control of the meeting and do not hesitate or waver in the decision to let the employee go. Let the employee know that the decision is final and irrevocable. Keep the decision discreet and keep the reasons for firing the employee to, yourself and the managers who have made the decision. Prepare in advance and have ready to give to the employee all final paychecks, vacation pay,

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other benefits, and severance pay if it is firm policy and possible financially. If severance pay is provided, the firm may request the employee to sign an agreement not to file a lawsuit for wrongful termination. Request that the employee remove all personal property from the office and leave by a set time. Notify the employee during the termination meeting of his or her rights to legal employment benefits such as health protection under COBRA laws. Let the employee know that you will assist him or her in any way possible with the transition and seeking new employment. After the meeting, the manager may wish to take a brief period of time alone, away from the office setting, to regroup emotionally. During this time, review the facts leading to the dismissal and accept the facts as they are. Avoid remorse.

The legal basis for firing an employee is strengthened by having well-planned company policies, including employment agreements, employee handbooks, performance evaluation forms, and a standard letter format for termination. The importance of the paper trail cannot be emphasized enough. The firm should practice a progressive disciplinary policy that includes a sequence of warnings about the employee’s performance. At each step, let the employee know that if the employee does not make corrective measures, he or she will face dismissal. Refer to Chapter 3 to see how some of the firms’ employment policies set up the progressive sequence of reprimands (London 1991).

Employee Retirement Income Security Act (ERISA) In 1974 the federal government enacted the Employee Retirement Income Security Act (ERISA) to regulate private employee retirement plans. The legislation was enacted as a countermeasure to growing concerns over employers who set up employee retirement benefits programs only to go out of business and leave employees without the retirement benefits they had planned on.

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The Employee Retirement Income Security Act of 1974 (ERISA) is a federal law that sets minimum standards for retirement and health benefit plans in private industry. ERISA does not require any employer to establish a plan, but it does require those who establish plans to meet certain minimum standards. ERISA covers retirement, health, and other welfare benefit plans such as disability and apprenticeship plans. Among other things, ERISA provides that those individuals who manage plans, such as landscape architecture office managers, must meet certain standards of conduct. The law also contains detailed provisions for reporting to the government and disclosure to participants. There also are provisions aimed at assuring that plan funds are protected and that participants who qualify receive their benefits. ERISA has been expanded to include new health laws. The Consolidated Omnibus Budget Reconciliation Act of 1985 (COBRA) amended ERISA to provide for the continuation of health care coverage for employees and their beneficiaries (for a limited period of time) if certain events would otherwise result in a reduction in benefits. The Health Insurance Portability and Accountability Act of 1996 (HIPAA) amended ERISA to make health care coverage more portable and secure for employees. The Pension Protection Act of 2006 requires that a plan must stay fully funded. Its assets must equal or exceed its liabilities. Employee retirement plans and other benefits plans are voluntarily set up and maintained by landscape architecture firms for the benefit of the owners and employees. The plans must adhere to the requirements of ERISA, COBRA, and HIPPA, the Health Insurance Portability and Accountability Act of 1996. Two of the main requirements are annual reporting and disclosure of information to employees. The Employee Benefits Security Administration (EBSA) in conjunction with the Internal Revenue Service (IRS) publishes Form 5500 that is used by plan administrators to satisfy annual federal reporting requirements. Beginning in 2009, Form 5500 filing and processing will be a wholly electronic process. Filers will be able to complete Form 5500 online using a Web-based interface. Information on filing can be found at www.efast.dol.gov (U.S. Dept. of Labor, 2008).

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The bottom line is for landscape architecture firms, which provide pension and health benefits as well as a wide variety of other benefit programs, is that federal laws and reporting and disclosure requirements must be adhered to. The administrator of an employee benefit plan must furnish participants and beneficiaries with a summary plan description, describing in understandable terms their rights, benefits, and responsibilities under the plan. Plan administrators are also required to furnish participants with a summary of any material changes to the plan or to the information contained in the summary plan description. Plan administrators are required to furnish participants and beneficiaries with a summary of the information contained in the annual report Form 5500. Fiduciaries in the landscape architecture office are required to discharge their duties solely in the interest of the plan’s participants and beneficiaries and for the exclusive purpose of providing benefits and defraying reasonable expenses of administering the plan. In discharging their duties, fiduciaries must act prudently and in accordance with documents governing the plan, to the extent such documents are consistent with ERISA. ERISA gives substantial law-enforcement authority to the Department of Labor. The law gives the Department of Labor investigatory powers and the authority to bring a civil action to correct violations of the law. Criminal penalties will be imposed on any person who violates the law. ERISA guarantees that some retirement benefits will be received by participants in a pension plan, largely by overseeing that plans are adequately funded to meet the pension payout requirements. The U.S. Department of Labor EBSA has a wide range of general publications designed to assist employers and employees in understanding their obligations and rights under ERISA.

is in a transition between jobs, death, divorce, and other life events, COBRA provides an employee the opportunity to continue his or her health coverage under the landscape architecture firm’s health insurance program at the employee’s own expense at a cost comparable to what it would be if the employee were still a member of the group plan. In 1989 COBRA was amended to require employers to provide coverage for former employees who may have a medical condition that precludes them from getting coverage under a new plan. Spouses and dependent children of employees are covered in the event of the death of the employee, divorce, or legal separation. Coverage must be provided for at least 18 months. The employer may stop coverage if the employee does not pay the premium or if the individual becomes covered under another health plan. COBRA requires employers and health plan administrators to determine specific rights of beneficiaries with respect to election, notification, and type of health plan coverage. Plans must give individuals an initial general notice informing them of their rights under COBRA and describing the law. The Department of Labor and the Internal Revenue Service have regulatory and interpretive responsibility for COBRA. If a landscape architecture firm qualifies for meeting COBRA requirements and fails to comply with the law, the following penalties may be assessed: ■

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Loss of federal income-tax deduction for the health plan. Cost of coverage for highly compensated individuals would become taxable. The plan fiduciary and the administrator are liable for $100 per day personal damages for failure to give notice of the plan if requested by an employee. Attorney’s fees and court costs may be awarded for mishandling fiduciary responsibility.

One last note about COBRA: Although the law applies to firms that employ twenty or more people, the concept of providing continuing health insurance coverage to employees who may leave the smaller landscape architecture firm is a good idea. If the employee is willing to pay for the coverage, many

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firms might consider adopting the terms of COBRA as a goodwill gesture to persons leaving the firm.

Family and Medical Leave Act (FMLA) The Family and Medical Leave Act (FMLA) became public law in 1993. The act is intended to provide a means for employees to balance their work and family life by taking reasonable unpaid leave for certain reasons. The act is intended to promote the stability and economic security of the family unit and the national interests in preserving the integrity of family life. The FMLA is applicable to any employer that has 50 or more employees for each working day during at least 20 calendar weeks or more in the current or preceding calendar year. All public agencies of state and local governments, some federal agencies, and local education agencies (schools) are covered by the law. In order to be eligible for FMLA leave, an employee must be employed by a covered employer and work at a site where at least 50 employees are employed, must have worked at least 12 months for the employer, and must have worked at least 1,250 hours during the 12 months immediately preceding the FMLA leave. The FMLA provides an entitlement of up to 12 weeks of unpaid leave during any 12 months for the following reasons: ■

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Employers must maintain group health benefits that an employee was receiving at the time family leave begins. An employee may elect or the employer may require the use of any accrued paid leave time (vacation, sick, or personal) for periods of unpaid family leave. Employees may also take family leave in blocks of time less than the full 12 weeks on an intermittent or reduced leave basis.

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When family leave is foreseeable, such as for birthing or child care after the time of birth, an employee must provide the employer with at least 30 days notice of the need for the leave. If the leave is not foreseeable, the employee must give notice as soon as is practicable. An employer is allowed to require medical certification of a serious health problem with the employee. Periodic reports on the status of the health condition may also be required in relation to the employee’s status and intent to return to work, as well as fitness for duty upon return to work. When the employee returns from family leave, the employee is entitled to be restored to the same job that he or she left when the family leave time commenced. In the event that the same job is not available, the employer must place the employee in an equivalent job with equivalent pay, responsibilities, and benefits. The employee is not entitled to accrue benefits during periods of unpaid family leave. Employers are required to publish and post a notice for employees outlining the basic provisions of FMLA and are subject to a civil penalty and fine for willfully failing to post the notice. Employers are prohibited from discriminating against or interfering with employees who take family leave. FMLA is administered by the U.S. Department of Labor, Employment Standards Administrations Wage and Hour Division. Employees may file complaints with this division, usually through the nearest office of the Wage and Hour, Division. Locations of local offices can be found online at www.dol.gov/esa/whd/contact us.htm. Employees also have private legal rights of action under the law without involving the federal department. The secretary of the Department of Labor, however, may file suit to ensure compliance with FMLA and recover damages if a complaint cannot be resolved administratively. A number of states have family leave statutes. Nothing in the FMLA, however, supersedes a provision of state law that is more beneficial to the employee, and employers must comply with the more beneficial provision. Under some circumstances, an employee with a disability may have rights for similar leave time under the Americans with Disabilities Act.

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In January 2009, the FMLA regulations were updated to implement new military family leave entitlements enacted under the National Defense Act for the federal fiscal year of 2008. The FMLA was amended to permit a spouse, son, daughter, parent, or next of kin of a member of the Armed Forces to take up to 26 work weeks of leave to care for the member of the Armed Forces, including a member of the National Guard or Reserves, who is undergoing medical treatment, recuperation, or therapy; is otherwise in outpatient status; or is otherwise on the temporary disability retired list, for a serious injury or illness. The NDA also permits an employee to take FMLA leave for “any qualifying emergency arising out of the fact that the spouse, or a son, daughter, or parent of the employee is on active duty (or has been notified of an impending call or order to active duty) in the Armed Forces in support of a contingency operation.

The Americans with Disabilities Act (ADA) On the morning of July 26, 1990, on the south lawn of the White House, with 3,000 disability rights advocates, members of Congress and the Administration looking on, President George Bush signed the Americans with Disabilities Act into law. President Bush described the historic occasion in the following way:*

as reasonable accommodation. The term is not precise, and it will be left to the courts over a long period of time to decide by case law what facility adjustments indeed provide reasonable access. The legislation itself provides some guidance on what Congress intended as reasonable accommodation. The main intent is to remove any physical barriers that might jeopardize a person’s right to employment. Since becoming law, the ADA has had a significant positive impact on the environment and has played a major role in landscape architecture project design. Compliance with barrier-free design criteria is carried out on all landscape architecture design and construction projects. The ADA provides that no employer may discriminate against a qualified individual with a disability with regard to job application, hiring, advancement, compensation, training, and any other conditions of employment. If the qualified individual with a disability can perform the necessary work duties with reasonable accommodation, he or she cannot be discriminated against. The ADA describes discrimination as follows: ■

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Today we’re here to rejoice in and celebrate another “independence day,” one that is long overdue. With today’s signing of the landmark Americans for Disabilities Act, every man, woman, and child with a disability can now pass through onceclosed doors into a bright new era of equality, independence, and freedom. (www.eeoc.gov)

There has been some controversy about the law, however, and the huge sums of money needed over time to retrofit existing facilities and plan new facilities for accessibility. Another concern has been the term used in the legislation to describe accessibility

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Limiting, segregating, or defining job requirements to adversely affect employment opportunities of disabled persons Participating in a contract or other business arrangement that would affect an employee with a disability and discriminate against the employee with the disability Using administrative standards or methods that cause discrimination Not making reasonable accommodations for known disabilities of an otherwise qualified employee unless the business can demonstrate that the accommodation is an undue hardship Denying employment to an otherwise qualified person who has a disability Using qualifications or job testing that would screen out individuals with a disability Failing to develop job screening tests that are fair to the otherwise qualified person who has a disability

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A full transcription of the speech may be found on the EEOC Web site at www.eeoc.gov/eeoc/history/35th/videos/ada signing text.html (accessed June 2010).

An employer is not required to accommodate a disabled person in the work environment if doing

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so poses an undue hardship that is significantly difficult or very costly to implement. In determining if the accommodations would cause undue hardship, the factors to be considered include: ■ ■ ■

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In short, businesses that are more able to finance accommodations will be required to fund more significant handicap accommodations than small businesses. The ADA prohibits employers from inquiring about the existence and extent of an individual’s disability prior to making a job offer. Pre-offer medical exams are prohibited by the law. One may query the handicapped individual about his or her ability to perform the tasks associated with the job, but one may not ask questions regarding the disability. The law does allow employers to have the handicapped prospective employee complete a physical examination after a conditional job offer has been presented, as long as the exam is given to all employees, handicapped or not, applying in the same work category. The results of the exams cannot be used in a discriminatory way. The exam indicates that the disabled person is either qualified or not. The doctor’s report will spell out whether the handicapped person can safely perform the functions of the job with reasonable accommodation. The ADA allows an employer to dismiss a handicapped employee who uses illegal drugs. Rehabilitated persons and those in treatment for the use of illegal drugs are included in the category of a person with a disability. They may not be discriminated against. Employers have the right to conduct drug testing to determine whether or not an employee is using illegal drugs. A prospective handicapped employee who is not hired because of a positive drug test or an employee who tests positively for the use of drugs may be dismissed and will not be able to take action against the employer under the provisions of the ADA. An employer may prohibit drugs to be used in the place of employment and can require that employees not be under the influence of drugs or alcohol while working.

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The ADA is enforced by the Equal Employment Opportunity Commission for workplace issues but many other federal agencies also enforce aspects of the ADA including the Department of Justice and the Department of Transportation. Also most cities have offices that administer local compliance with ADA.

Discrimination Discrimination is one of the major considerations when dealing with labor relationships. Discrimination is dealt with here as a separate topic because of its pervasiveness in American culture and because of the impact of discrimination on the workplace and working conditions among coworkers. What are the federal laws that prohibit job discrimination? ■

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Title VII of the Civil Rights Act of 1964 (Title VII), which prohibits employment discrimination based on race, color, religion, sex, or national origin The Equal Pay Act of 1963 (EPA), which protects men and women who perform substantially equal work in the same establishment from sex-based wage discrimination The Age Discrimination in Employment Act of 1967 (ADEA), which protects individuals who are 40 years of age or older Title I and Title V of the Americans with Disabilities Act of 1990 (ADA), which prohibit employment discrimination against qualified individuals with disabilities in the private sector, and in state and local governments Sections 501 and 505 of the Rehabilitation Act of 1973, which prohibit discrimination against qualified individuals with disabilities who work in the federal government The Civil Rights Act of 1991, which, among other things, provides monetary damages in cases of intentional employment discrimination (EEOC, www.eeoc.gov/facts/qanda. html)

The laws that provide for equal employment opportunity and prevent discrimination in the workplace represent an area of business law that

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landscape architecture firms must pay a great deal of attention to. Because landscape architecture private practice is a people-oriented business in relation to a firm’s clients and staff, nondiscriminatory relationships with clients and staff must prevail in all landscape architecture firms. There are many ways to get into discrimination difficulty today because of a plethora of federal laws covering every possible aspect of discrimination. For example, one may not discriminate against another by law for any of the following reasons: race, color, sex, religion, national origin, age, pregnancy, handicaps, physical disabilities, mental disabilities, drug dependency, alcohol addiction, or carrying a contagious disease such as AIDS. In the United States and in most other countries and cultures, employment problems caused by discriminatory practices are real considerations of daily business operations. Differences between male and female employment characteristics and between white male versus black male or Native American employment characteristics are well documented. Statistics indicate that the earnings of men are about 20 percent to 40 percent higher than the earnings of women. White males dominate higher-paying managerial and professional jobs in professions such as medicine, law, and landscape architecture, whereas women have historically been cast into lower-paying jobs such as secretarial, clerical, nursing, and elementary-level teaching positions. White male workers have generally earned more than black males for comparable positions. White males typically have half the unemployment rate that black males do at any given time. Those who fight for antidiscrimination point out that without legislation making discrimination illegal, workplace discrimination including stereotyped assumptions about worker productivity, capability, and preferences for associating in the workplace with persons of similar race, sex, or age would continue unchecked. The social forces at work to counteract discrimination in America picked up momentum with the civil rights movements in the 1950s and 1960s. The Equal Pay Act of 1963 was one of the first federal laws to address discrimination by prohibiting discrimination in pay based on sex. The law prohibits paying women less than men for a job that requires the same level of effort, skill, and responsibility.

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Using a seniority or merit system. Here, men or women may be paid more than other men or women because they have a greater amount of seniority. Using a work system where compensation is based on the quantity or quality of worker output. A pay differential based on any other criteria other than sex.

The law is enforced by the Equal Employment Opportunity Commission (EEOC). Employers are required to keep records of wages, job classifications, and whether the job classifications are filled by male or female employees. Employers found to be in violation of the Equal Pay Act by government agents will be required to compensate employees who have been discriminated against with an award equal to the amount of wages they should have received. Punitive awards may also be granted to the employees discriminated against. Attorney’s fees are recoverable if employees need to rely on legal counsel and bring a lawsuit against the employer to obtain just compensation if discrimination is proved (Meiners, Ringleb, and Edwards 1988). Another aspect of discrimination covered under EEOC regulations is retaliation. Managers of a landscape architecture office may not fire, demote, harass or otherwise retaliate against an employee for filing a charge of discrimination, participating in a discrimination proceeding, or otherwise opposing discrimination. The same laws that prohibit discrimination based on race, color, sex, religion, national origin, age, and disability, as well as wage differences between men and women performing substantially equal work, also prohibit retaliation against individuals who oppose unlawful discrimination or participate in an employment discrimination proceeding. In addition to the protections against retaliation that are included in all of the laws enforced by EEOC, the Americans with Disabilities Act (ADA) also protects individuals from coercion, intimidation, threat, harassment, or interference in their exercise of their own rights or their encouragement of someone else’s exercise of rights granted by the ADA.

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There are three main terms that are used to describe retaliation. Retaliation occurs if the managers of a landscape architecture office take an adverse action against an employee because he or she engaged in a protected activity. An adverse action is an action taken to try to keep someone from opposing a discriminatory practice, or from participating in an employment discrimination proceeding. Examples of adverse actions include: ■

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Employment actions such as termination, refusal to hire, and denial of promotion, demotion, suspension, denial of job benefits, and discharge Other actions affecting employment such as threats, unjustified negative evaluations, unjustified negative references, or increased surveillance Any other action, such as an assault or unfounded civil or criminal charges, that are likely to deter reasonable people from pursuing their rights

Employees covered by the retaliation regulations are people who have opposed unlawful practices, participated in proceedings, or requested accommodations related to employment discrimination based on race, color, sex, religion, national origin, age, or disability. Individuals who have a close association with someone who has engaged in such protected activity also are covered individuals. For example, it is illegal to terminate an employee because his spouse participated in employment discrimination litigation. Individuals who have brought attention to violations of law other than employment discrimination are not covered individuals for purposes of anti-discrimination retaliation laws. For example, whistleblowers that raise ethical, financial, or other concerns unrelated to employment discrimination are not protected by the EEOC enforced laws (www.eeoc.gov).

Title VII of the Civil Rights Act of 1964 No other legislation has set as much precedent and as many statutory provisions for counteracting discrimination in employment as Title VII of the Civil

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Rights Act of 1964, which was amended in 1972 by the Equal Employment Opportunity Act. The civil rights act specifically prohibits discrimination based on race, color, religion, sex, or national origin. Congress sought through the civil rights act to protect classes of people, such as blacks, Hispanics, and women that have had a history of discriminatory treatment regarding employment. The EEOC, which was established under the Equal Employment Opportunity Act, has the authority and responsibility for enforcing Title VII. The EEOC is made up of five members and a general counsel appointed by the president and confirmed by the Senate. The EEOC attempts to solve cases of discrimination that are brought to it or that it becomes aware of through its investigatory powers by administrative means and persuasion before taking action to file a lawsuit in federal court regarding discriminatory allegations. To fall under the provisions of Title VII, an employer must employ 15 or more persons. It has been relatively easy for the EEOC and the courts to identify discriminatory behavior against race and color as a protected Title VII class. In addition to whites, there are four other racial groups in the United States: blacks, Native Americans, Hispanics, and Asians. These are the protected classes under the civil rights act. Whites are not protected under the act. Regarding religion, an employer is required under the civil rights act to make reasonable accommodations for the religious practices of all employees. The employer has the right to reduce the degree of religious accommodation if the accommodations would impose an undue hardship on carrying out the business operations. In relation to sex discrimination, Congress did not provide very clear guidance on how sex discrimination is defined. As a result, the courts have taken more of a role through case law to define the limits of sex discrimination under the civil rights act. Over the years, the courts have upheld cases of discrimination based on whether a person was male or female. On the other hand, the courts have held that discrimination based upon sexual preference is not protected under the civil rights act. National origin refers to the country where a person is born or from which the person’s ancestors came. The civil rights act prohibits discrimination

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against U.S. citizens based on national origin. The law does not protect aliens or noncitizens. Another protected class was added in 1978 when Congress amended Title VII by passing the Pregnancy Discrimination Act. This amendment extends sex discrimination to include pregnancy and childbirth. Women who are pregnant are protected and may not be discriminated against. Sexual harassment is also covered under Title VII. If an employee is asked for sexual favors by a supervisor with a promise of career advancement as a reward or that the employee’s job or career will be jeopardized if sexual requests made by a supervisor are not met by the employee, sexual harassment can be claimed. Repeated, unsolicited verbal comments or sexually explicit actions are also considered sexual harassment under the law. Although the discrimination is not explicitly defined in the Title VII legislation, the U.S. Supreme Court has identified a number of areas of discrimination in case law since the passage of the civil rights act. One area of the Court’s rulings is differential standards. If an employer sets standards for employees, the standards must be applied equally to all employees of both sexes. If an employer decides to hire only married people because the employer feels they are more stable, then the standard must be applied to all employees hired by the employer. For example, the employer cannot hire married women and hire single men. This would be a differential standard and the courts would define this as discrimination. The courts have also upheld cases of discrimination where differences in pay are based on sex or other personal characteristics. Another area of case-law support for Title VII has revolved around segregation. The courts have indicated that discrimination occurs if an employer segregates workers into specific jobs based on race, sex, or national origin. Any separation of treatment of workers, such as assigning a Hispanic employee to a Hispanic client, could be considered segregation. Another area of case law has dealt with what has become known as harassment with constructive dismissal, that is, a person in a protected class may be hired and then harassed to the point where the employee quits because the work environment is intolerable. Employers have four main defenses against allegations of discrimination.

The first is to prove that the challenged business practice that appears to be discriminatory is justified as a business necessity related to the required job tasks. Experience and skill requirements may be accepted as a defense. In the case of landscape architects, for instance, requiring that an employee must be a registered landscape architect will not be considered discriminatory due to the education and skill necessary to become licensed and subsequently seal plans as required under state registration laws. The second is to use ability tests to determine if job applicants have the knowledge, training, skills, and other attributes necessary to carry out the job. The tests should be developed by a professional testing company to hold more credibility with the courts and ensure impartiality in the event the tests are challenged. The third defense against allegations of discrimination is to implement a seniority system. The courts have upheld seniority systems as long as the intention is not to discriminate based on race, color, religion, sex, or national origin. The fourth defense involves bona fide occupational qualifications where discrimination is necessary for the particular job or business operation. Race is excluded from this defense, but hiring based on sex, religion, or national origin is permitted if it passes the test as a bona fide occupational qualification (Meiners, Ringleb, and Edwards 1988, 2009).

Affirmative Action The EEOC also has responsibility for encouraging affirmative action programs and assisting employers in developing voluntary affirmative action programs. An affirmative action program is a goodfaith effort by an employer to reverse any real or apparent discriminatory practices in hiring and promoting employees in a protected class. Affirmative action programs may be implemented voluntarily by an employer, or the employer may be required to implement an affirmative action program as a result of a court ruling against the employer or as a direct result of Executive Order 11246 issued by President Lyndon Johnson in 1965 and subsequent revisions and EEOC directives. Executive Order 11246 requires that companies doing business with the federal government include

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affirmative action hiring in their business practice as related to the government contract. State and local governments also enforce affirmative action hiring guidelines for companies doing business with state and local governments. The executive order requires large companies to analyze their workforce and set affirmative action workforce goals by type of job classification for utilizing protected classes in the job categories. Executive Order 11246 applies to all federal government contractors, and an affirmative action goal is frequently applied to government contracts and directly affects the private practice of landscape architects who carry out professional services for federal, state, and local governments.

Age Discrimination Milestone legislation was passed by Congress in 1967 when the Age Discrimination in Employment Act (ADEA) was enacted, prohibiting employment discrimination based on age. The point of this legislation is to uphold the civil rights of workers based on their ability to perform their job at any age. The EEOC enforces the ADEA, which focused on persons aged 40 to 65 under legislation passed in 1967. In 1978 Congress amended the ADEA and raised the upper age limit to 70 years old. Congress also included language in this amendment to prevent forced retirement of persons below the age of 70. A further amendment in 1986 removed the mandatory retirement age of 70. The ADEA applies to all employers with twenty or more employees, to all government employers, employment agencies serving the public sector, and labor unions or organizations with at least 24 members. The law defines the following discriminatory practices as illegal: ■

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Practicing any type of employment discrimination based on age Segregating or classifying workers based on age Paying someone less than others based on age Practicing age discrimination related to employee benefits

Help-wanted ads cannot contain descriptions of desirable employee characteristics that would discriminate by age. Advertisements should not refer to specific age ranges (e.g., 20- to 35 years old desirable). They cannot use phrases such as “college student desired” or “young woman/jackof-all-trades desired.” Likewise they cannot use phrases that discriminate against younger employees, such as “this job is perfect for retirees,” or “persons over 40 years old should apply.” Application forms should not include requests for date of birth or request the age of the applicant. All job application forms should include the following sentence: “The Age Discrimination in Employment Act prohibits discrimination on the basis of age with respect to individuals who are over forty years old.” An employee may allege a violation of the ADEA and submit a charge of wrongdoing to the EEOC. The charge would include ■

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The name, address, and telephone number of the person filing the complaint The name and address of the employer A concise statement of the facts and dates of the alleged age discrimination violations

The complaint must be filed within 180 days of the alleged discrimination. The EEOC notifies the employer upon receiving a complaint and will first attempt to resolve the issue through administrative procedures. If the conciliatory efforts are unsuccessful, the employee is entitled to file a lawsuit against the employer. The EEOC is also likely to investigate the employer if an age discrimination charge is brought forth by an employee. The EEOC requires employers to keep employee records to comply with the ADEA. The following information is required to be kept in personnel files for all employees for at least 3 years: ■ ■ ■ ■

Two areas watched by the EEOC are helpwanted advertisements and job application forms.

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Other information should be kept for one year, including: Job application, re´ sume´ , and letters submitted by an employee in response to a job opening or advertisement Records of promotions, demotions, transfers, layoffs, or firing of employees Job announcements submitted to employment agencies, labor unions, or organizations Results of ability tests Results of physical exams Copies of ads relating to job opportunities (London 1991).

environmental legislation is administered largely by the U.S. Environmental Protection Agency. A number of laws serve as EPA’s foundation for protecting the environment and public health. However, most laws do not have enough detail to be put into practice right away. EPA is called a regulatory agency because Congress authorizes the EPA to write regulations that explain the critical details necessary to implement environmental laws. In addition, a number of Presidential Executive Orders (EOs) play a central role in the EPA’s activities (EPA 2009).

The National Environmental Policy Act

Protecting the General Public, the Environment, and the Consumer The landscape architect is in a unique situation regarding a wide range of federal, state, and local legislation designed to protect our air, water, and land for the general public. Legislation such as the National Environmental Policy Act of 1969 requires that landscape architects comply with the laws in carrying out their business and the business of their clients. The laws also provide a source of clients and job opportunities for landscape architects. Landscape architects are a broad group of professionals whose code of conduct includes efforts to preserve and protect our nation’s natural resources. As a group, landscape architects have adopted a general social and environmental responsibility aimed at reconciling the needs of the general public with minimal disruption to social and natural systems. Landscape architects are imbued with a strong environmental ethic. A hallmark of landscape architecture private practice is an awareness of and sensitivity to the intent, scope, and requirements of the environmental legislation passed by federal, state, and local governments and designed to protect the environment for the present and future generations. This section is a brief overview of the significant federal environmental legislation that is germane to the practice of landscape architecture. The federal

In 1970, the Environmental Protection Agency (EPA) was created when Congress passed the National Environmental Policy Act (NEPA) to centralize and coordinate the government’s environmental responsibilities. The legislation was passed in response to the growing awareness that environmental problems such as air pollution, water pollution, and overuse of pesticides and other chemicals are interrelated and would be more appropriately addressed by an integrated approach. The EPA’s initial emphasis was on pollution problems that are directly discernible to people, such as the visual degradation of the environment caused by smog. As time has passed, the EPA has placed additional emphasis on scientific research and dealing with environmental problems caused by chemical pollution and other types of pollution that cannot be seen, tasted, or smelled. Environmental assessments (EAs) and environmental impact statements (EISs), which are assessments of the likelihood of impacts from alternative courses of action, are required for all federal action that significantly affects the environment. The gist of the environmental impact statement is akin to a landscape architect’s site analysis process. The requirements for an environmental impact statement include: 1. A description of the environmental impact of the proposed action 2. Description of unavoidable impacts 3. A discussion of alternatives to the proposed action

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4. Identification of short- and long-term environmental impacts 5. Identification of any irreversible impacts on environmental resources Whereas some landscape architects prepare environmental impact statements under professional contracts, all landscape architects can practice the aims of environmental protection by directly responding to a personal and professional environmental ethic.

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First federal air pollution legislation Funded research for scope and sources of air pollution

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Authorized the development of a national program to address air pollution related environmental problems Authorized research into techniques to minimize air pollution

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Authorized enforcement procedures for air pollution problems involving interstate transport of pollutants Authorized expanded research activities

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Authorized the establishment of National Ambient Air Quality Standards Established requirements for State Implementation Plans to achieve the National Ambient Air Quality Standards

Authorized provisions related to the Prevention of Significant Deterioration Authorized provisions relating to areas which are non-attainment with respect to the National Ambient Air Quality Standards

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Authorized the establishment of New Source Performance Standards for new and modified stationary sources Authorized the establishment of National Emission Standards for Hazardous Air Pollutants Increased enforcement authority Authorized requirements for control of motor vehicle emissions

1977 AMENDMENTS TO THE CLEAN AIR ACT OF 1970

The Clean Air Act Enacted in 1963, the Clean Air Act was originally intended to help states deal with interstate air pollution, and includes subsequent amendments that deal with controlling automobile emissions. The act was amended in 1970, 1977, and 1990 to develop a comprehensive approach to air pollution that is enforced by the EPA. The principal milestones in the evolution of the Clean Air Act are:

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Authorized programs for Acid Deposition Control Authorized a program to control 189 toxic pollutants, including those previously regulated by the National Emission Standards for Hazardous Air Pollutants Established permit program requirements Expanded and modified provisions concerning the attainment of National Ambient Air Quality Standards Expanded and modified enforcement authority

The Clean Air Act requires the EPA to develop and set ambient air-quality standards that are applied nationally for the major air-polluting elements. The standards are set at two levels: (1) primary standards that protect human health and (2) secondary standards designed to protect the general environment, including forest resources, and visible air quality. EPA regions throughout the country must develop plans that meet the ambient air-quality standards set and adjusted for each region. The law covers stationary sources such as factories, automobile and vehicle air pollution, and indoor air pollution such as that from household chemical use and from the use of stoves and

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fireplaces. The law also sets standards for radioactive emissions from nuclear power plants. Landscape architects are sensitive to the issues of air pollution in their everyday practice through a wide variety of planting applications, preservation of natural vegetation resources, revegetation efforts, preservation, and management of open space, and other uses of plant materials for air purification (EPA 2009).

Clean Water Act The Federal Water Pollution Control Act (FWPCA) passed by Congress in 1948 was amended several times through 1970 to provide greater federal control over water pollution. In 1972, Congress again amended the FWPCA. “Clean Water Act” became the Act’s common name with amendments in 1977 and the amendments are parallel in intent and enforcement characteristics to the Clean Air Act. The Clean Water Act sought to achieve nonpolluted water throughout the country for human recreational activities such as swimming and boating, for productive fisheries resources, and to eliminate polluting discharge into the nation’s rivers. Similar to the ambient air-quality standards of the Clean Air Act, the EPA sets water-quality standards under the Clean Water Act. The act requires all city and industrial dischargers to obtain permits for discharging into the nation’s waterways. As authorized by the Clean Water Act, the National Pollutant Discharge Elimination System (NPDES) permit program controls water pollution by regulating point sources that discharge pollutants into waters of the United States. Point sources are discrete conveyances such as pipes or man-made ditches. Individual homes that are connected to a municipal system, use a septic system, or do not have a surface discharge do not need an NPDES permit; however, industrial, municipal, and other facilities must obtain permits if their discharges go directly to surface waters. Since its introduction in 1972, the NPDES permit program is responsible for significant improvements to our Nation’s water quality. An element of the Clean Water Act that many landscape architects are familiar with is the 404

provisions requiring permits for filling or dredging wetlands or other waterways. Section 404 establishes a program to regulate the discharge of dredged and fill material into waters of the United States, including wetlands. Responsibility for administering and enforcing Section 404 is shared by the U.S. Army Corps of Engineers (USACE) and the EPA. USACE administers the day-to-day program, including individual permit decisions and jurisdictional determinations, develops policy and guidance, and enforces Section 404 provisions. EPA develops and interprets environmental criteria used in evaluating permit applications, identifies activities that are exempt from permitting, reviews or comments on individual permit applications, enforces Section 404 provisions, and has authority to veto USACE permit decisions. Any landscape architect working on projects such as urban greenways along rivers, streams or washes will need to be familiar with 404 permitting processes. The environmental ethic and educational training of the landscape architect is developed to be in tune with the legal provisions of the Clean Water Act. Landscape architects are sensitive to storm water runoff issues, wetlands protection, and careful development and appropriate use of shorelines, and scientific analysis and management plans for aquifers. The provisions of the Clean Water Act enhance an already sensitive landscape architecture profession in carrying out protective planning and design applications related to our nations water resources.

Endangered Species Act (ESA) The Endangered Species Act (ESA) of 1973 is intended to protect and promote the recovery of animals and plants that are in danger of becoming extinct. Threats to a species from habitat destruction, pollution, overharvesting, disease, predation, and other natural or man-made factors must be reviewed and evaluated before an animal or plant can be placed on the federal endangered or threatened species list. The U.S. Fish and Wildlife Service (FWS) and the National Oceanic and Atmospheric Association’s (NOAA’s) National

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Marine Fisheries Service (collectively, the Services) administer the ESA. The EPA established the Endangered Species Protection Program (ESPP) in 1988 to meet its obligations under the ESA. At that time, it was a voluntary program that provided geographically specific pesticide use limitations in areas of concern based on Biological Opinions issued from the Services. The original ESPP was not an enforceable program but relied on cooperation between the Fish and Wildlife Service (FWS), the Environmental Protection Agency (EPA), states, tribes, and pesticide users. In December, 2002, EPA published for public comment its proposed approach to field implementation of the ESPP and received comments from many sources, including industry, the grower community, government entities, and public interest groups. After reviewing and considering these comments, the EPA published its final approach to field implementation of the ESPP on November 2, 2005, making it an enforceable program under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA). However, all federal agencies must ensure that their actions will not jeopardize the existence of listed species or adversely modify designated critical habitat. Therefore, the EPA must ensure that use of pesticides it registers will not result in harm to listed species or their critical habitat. The Endangered Species Act (ESA) provides a program for the conservation of threatened and endangered plants and animals and the habitats in which they are found. The U.S. Fish and Wildlife Service (FWS) of the Department of the Interior maintains a worldwide list, which as of Feb. 20, 2008, included 1574 endangered species (599 are plants) and 351 threatened species (148 are plants). Species include birds, insects, fish, reptiles, mammals, crustaceans, flowers, grasses, and trees. Anyone can petition FWS to include a species on this list (EPA 2009). There is hardly a landscape architect in practice today who has not had a project affected in some way by the Endangered Species Act. Some firms that offer environmental services in addition to planning and design services are leaders in performing biological assessments, evaluations, and reviews in conformance with the ESA.

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Resource Conservation and Recovery Act (RCRA) Waste management in the United States was fundamentally changed on October 21, 1976 when Congress passed the Resource Conservation and Recovery Act (RCRA). It actually amended the Solid Waste Disposal Act of 1965 and provided sweeping new directions for managing solid waste and hazardous waste. Congress established RCRA’s goals, which are to: ■

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Ensure that wastes are managed in a manner that protects human health and the environment Reduce or eliminate, as expeditiously as possible, the amount of waste generated, including hazardous waste Conserve energy and natural resources through waste recycling and recovery

Through further amendments in 1984 and 1986, regulations were beefed up regarding the generation, treatment, storage, and disposal of hazardous waste and waste minimization. Generators of hazardous waste are required to obtain permits and meet stringent requirements for handling hazardous waste. The law focuses on operators of sanitary landfill operations. They are required to monitor the impacts of landfill operations on groundwater resources and protect underground water resources, including taking responsibility for any costs that may be associated with protecting groundwater. Individual states are required to enforce standards set by the EPA regarding resource conservation and recovery. Noncompliance can bring about civil and criminal penalties. State and local governments are generally responsible for proper siting and operation of sanitary landfill operations. The RCRA has encouraged a shift in dealing with waste toward recycling waste, a practice that became more prominent in the last two decades of the twentieth century and has continued in the twenty-first century. Other emphases such as focusing on changes in packaging and type of waste materials, as well as adoption of deposits on recyclable materials, have grown out of the RCRA.

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Another result of the RCRA is the Comprehensive Environmental Response Compensation and Liability Act (CERCLA or Superfund), which expanded the RCRA to deal with wildcat dumping of hazardous waste and with abandoned hazardous waste sites. Hazardous waste sites throughout the country have been identified and prioritized to receive federal spending for cleanup. CERCLA also provides the funding for quick federal and state response to cleanup of hazardous waste emergencies such as oil spills or probable contamination of water resources. The entity responsible for the hazardous waste emergency also bears the responsibility for the cost of the cleanup. The EPA has the authority to legally recover costs from financially viable polluters if federal money is needed to respond to the emergency. Further amendments to CERCLA in 1986 requires public notification of accidental spills of chemicals and other hazardous waste emergencies. The federal government has also passed a wide range of other regulations covering protection of the public’s drinking water supplies (Safe Drinking Water Act, 1974), protection of marine resources (Marine Protection, Research, and Sanctuaries Act, 1972), regulation of the use of agricultural chemicals and pesticides (Federal Insecticide, Fungicide, and Rodenticide Act), and prevention of chemical pollution directly affecting public health (Toxic Substances Control Act, 1976) (Metzger et al. 1989, EPA 2009). Landscape architects, serving in their selfproclaimed ethic of stewards of the environment, continue to orient their private-practice goals to comply with the wide range of federal laws designed to protect our nation’s natural resources. As a profession, landscape architects provide leadership across the country in advancing the values of open-space protection and management for the public good. Landscape architects advance the concepts of reclaiming landscape that has been mined or quarried. They urge the protection of drinking water resources and advocate water conservation in their landscape architecture design practice. They are involved with the careful planning of coastal zones and coastal zone ecosystem management. They support the critical function of wetlands in protecting wildlife habitats and human quality of life. They seek to be of service to the general public

by thoughtful planning and design efforts related to wetlands protection and use. The role of the landscape architect will inevitably complement the federal, state, and local laws designed to protect our nation’s natural resources.

Environmental Commitment There are many professions that have a commitment to protecting our nation’s natural resources. Landscape architecture is preeminent among these professions. Caring for the land and its people is a hallmark of the education and practice of the profession and is central to the environmental ethic practiced by individual landscape architects and the profession as a whole. As each landscape architect matures in the practice of this sensitive and much-needed profession, the country will benefit from the well-being bestowed on the landscape by those individuals who have selected this inspired, profession. Landscape architecture offers its practitioners a professional framework to prosper and be of great service to the people of this country by creating useful, safe, aesthetic, and enjoyable environments for the good of all. As you go forward in this profession, practice with honesty, integrity, and happiness. Good luck. You have chosen a wonderful way to work and live that encompasses a concern for our land and the people who use it.

REFERENCES Arizona Department of Economic Security, Unemployment Insurance Administration. Unemployment Insurance, What You Should Know About Unemployment Insurance in Arizona. Phoenix, AZ: Arizona Department of Economic Security. Cihon, Patrick J. and James O. Castagnera. 1988. LaborandEmploymentLaw. 2d ed. Boston, MA: PWSKent Publishing Company. Greenstreet, Bob and Karen Greenstreet. 1984. The Architect’s Guide to Law and Practice. New York: Van Nostrand Reinhold. London, Sheldon I. 1991. How to Comply with Federal EmployeeLaws. Washington, DC: London Publishing Company.

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Meiners, Roger E., Al H. Ringleb, and Frances L. Edwards. 1988. The Legal Environment of Business (3rd ed.). Saint Paul, MN: West Publishing Company. . 2009. The Legal Environment of Business (10th ed.). Mason, OH: South-Western Cengage Learning. Metzger, Michael B., Jane P. Mallor, A. James Barnes, Thomas Bowers, and Michael J. Phillips. 1989. Business Law and the Regulatory Environment. 7th ed. Home-wood, IL: Richard D. Irwin. Miller, Samuel C. Professional Licensure of Landscape Architects: An Assessment of Public Needs and Private Responsibilities. 1978. Washington, DC: American Society of Landscape Architects. Schoumacher, Bruce. 1986. Engineers and the Law: An Overview. New York: Van Nostrand Reinhold. State of Arizona. Code and Rules of the State Board of Technical Registration for Architects, Assayers, Engineers, Geologists, Landscape Architects and Land Surveyors. 1991. Phoenix, AZ: State Board of Technical Registration. U.S. Department of Labor. 1993. SmallBusinessHandbook: Laws, Regulations and Technical Assistance Services. Washington, DC: Government Printing Office. U.S. Department of Labor, Employee Benefits Security Administration. 2008. Reporting and Disclosure Guide for Employee Benefit Plans, 2008. Washington, DC: U.S. Department of Labor Wuorio, Jeff. 2009. “Put It in Writing: Your Business Has Ethics.” Microsoft Small Business Center, Business Leadership Training, Article 21, www.microsoft.com/smallbusiness/resources/ management/leadership-training/ (accessed October 25, 2009).

Web Sites In addition to the Web sites cited in the text, the following sites contain additional information about the material discussed in this chapter:

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The official Web portal of the U.S. government, www.usa.gov U.S. Department of Labor (DOL): Job Rights for Veterans and Reserve Component Members (www.dol.gov/vets/programs/ userra/userra fs.htm); Compliance Assistance

—Fair Labor Standards Act (FLSA) (www.dol. gov/whd/Flsa/index.htm); Fair Labor Standards Act Advisor (www.dol.gov/elaws/esa/ flsa/scope/er15.asp); U.S. Department of Labor Occupational Safety and Health Administration (OSHA) www.osha.gov U.S. Environmental Protection Agency (EPA), www.epa.gov U.S. Equal Employment Opportunity Commission (EEOC): Facts About Retaliation (www.eeoc.gov/laws/types/facts-retal.cfm) Virginia Commonwealth University, Historical Context of the Americans with Disabilities Act, www.adata.org/whatsada-history.aspx

STUDY QUESTIONS AND ASSIGNMENTS 1. Using this chapter and other references, write a thorough and in-depth paper that illustrates your understanding of the origin of law in the United States. 2. Using this chapter and other references, write a thorough and in-depth paper that illustrates your understanding of professional licensure laws for landscape architects. Obtain a copy of the code and rules of regulations governing the practice of landscape architecture in your state as part of your research. 3. Using this chapter and other references, write a thorough and in-depth paper that illustrates your understanding of the powers of regulatory agencies. Discuss processes and procedures, legal restrictions, and legislative restrictions on the powers of regulatory agencies. 4. Using this chapter and other references, write a thorough and in-depth paper that illustrates your understanding of tort law and negligence. Discuss the three main elements of proof of negligence: ■

■

541

■

■

Proof that the landscape architect has a duty not to injure a party Proof that the landscape architect actually breached the duty not to injure the party Proof that the landscape architect’s breach is the actual and legal cause of the injury to the party

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5. Using this chapter and other references, write a thorough and in-depth paper that illustrates your understanding of the concept of employment-at-will. 6. Obtain a copy of the Occupational Safety and Health Act (OSHA) from the Internet. Using the act, this chapter, and other references, write a paper that illustrates your understanding of OSHA and its effect on the practice of landscape architecture. Discuss both the effect on the landscape architecture office environment and the obligations of the professional on construction sites. 7. Using this chapter and other references, write a thorough and in-depth paper that illustrates your understanding of how to fire an employee. Develop a procedure for the disciplinary action and the actual process of terminating an employee. 8. Using this chapter and other references, write a thorough and in-depth paper that illustrates your understanding of the Employee Retirement Income Security Act (ERISA). As part of your research, obtain a copy of the act from the Internet. Read the act. 9. Using this chapter and other references, write a thorough and in-depth paper that illustrates your understanding of the Consolidated Omnibus Budget Reconciliation Act (COBRA). As part of your research, obtain a copy of the act from the Internet. Read the act. 10. Using this chapter and other references, write a thorough and in-depth paper that illustrates your understanding of the Family and Medical

Leave Act (FMLA). As part of your research, obtain a copy of the act from the Internet. Read the act. 11. Using this chapter and other references, write a thorough and in-depth paper that illustrates your understanding of the Americans with Disabilities Act (ADA). Obtain a copy of the act from the Internet. Read the act. 12. Using this chapter and other references, write a thorough and in-depth paper that illustrates your understanding of Title VII of the Civil Rights Act of 1964 and later amendments. Obtain a copy of the act and amendments from the Internet. Read the act. 13. Using this chapter and other references, write a thorough and in-depth paper that illustrates your understanding of Executive Order 11246. Obtain a copy of the executive order from the Internet. Read the act. 14. Using this chapter and other references, write a thorough and in-depth paper that illustrates your understanding of the landscape architect’s obligation to protect the general public, the environment, and the consumer. 15. Research a number of landscape architecture firms that provide environmental services such as biological assessments, threatened and endangered species surveys, and 404 permits. Develop a PowerPoint presentation about the services provided and the types of projects carried out. Make the case that these environmental services ought to be a prominent part of the range of services provided by landscape architecture

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Index Canadian Society of Landscape Architects (CSLA), 22 Capital lease, 278–279 Career choices, 169 Cash amount, requirement, 302 collateral status, 282–283 Cash flow, 287, 302 Cash receipts, 322 Cash report, 293, 306 Category-of-work code, 326–327 Centennial Reservoir and Park (Maryland), 129–131 Christian Science Center project, 109 Church, Thomas, 9 Church of Jesus Christ of Latter-Day Saints (LDS) Conference Center, 62 City Beautiful Movement, 6–7 City planning, 6–7 Civil engineers, 149–150, 257 Civil Rights Act (1964), Title VII, 531, 533–534 Civil Rights Act of 1991, 531 Claims-made policies, 349 Clarke, Gilmore D., 8 Clean Air Act (1963/1970), 537–538 Clean Water Act (1972), 538 ClientChecker, Business Credit Reports, 281 Client-developed contrast, 415, 421 Client mix, determination, 55 Clients, 53–55, 148–150 contracts, 413–423, 423–444 development strategy, 379 management, coordination, 495–496 negotiation, 447 project obligations, 463–464 relationship, development, 493 Client sources, 53–54, 148–156, 160–164 Coastal Maine Botanical Gardens (CMGB), 125, 127, 128f Code compliance, 464 Code information, 362–364 Codes, covenants, and restrictions (CC&Rs), 77, 244 Cold calls, 388–389 Coldwater Ridge Visitor Center, location, 154, 155f, 156f Collateral, 282–283 College of Architecture and Landscape Architecture (CALA), 65–66, 67f Columbus Circle, Olin Partnership redesign, 80–81 Commercial development, 92–97 Commercial general liability insurance, 466 Community development, 75–80 Community Development Block Group Back Bay Fens (Boston), 127, 129 (CDGB), 161 Balance sheet, 293, 296–298, 344 Competitive interview, 399–402 Barrel Warehouse Park project, 69–70 Complaint, filing, 519 Battle Road Trail, 138–139, 140f, 141f Comprehensive Environmental Response Benchmark ratio, 310 Compensation and Liability Act Big Dig (Boston), 134 (CERCLA) (Superfund), 539 Biltmore estate, 6, 7f Computer-aided drafting (CAD), 46, 48 Black Granite Garden, 119, 121f Conservation projects, 127–135 Blue Ridge Parkway, 8–9 BoOI (international housing exposition), 73–74 Consolidated Omnibus Budget Reconciliation Act (COBRA), 195, 356, 527–529, 355 Bookkeeping, 317–318 Construction Budget, 403, 475–476, 483–489 contract, administration, 259–260 Buffalo Bayou and Beyond project, 105–106 cost, 497–500 Burnham, Daniel, 3–4 detail files, 363 Business plan, elements, 288 probable costs, opinion, 467–468 Bye, A.E., 117–118 services, 503–504 Construction documents (CDs), 500 Cable television, 391 Construction manager at risk (CM@R), 258 California, growth, 9–12 Consumer protection, 509, 536–540 California Academy of Sciences, 62–63 Continuation financing, 267–268 Camino Campestre Street, 65 Acacia Group, Inc., 191–202 Academic practice, 18 Accountants, selection, 319 Accounts, accounting, 287, 299, 299–306, 314–317, 319–322 Accreditation process, , 28 Action/adjustment activity, 287, 289 Add-alternates, addition, 241–242 Adjudicatory hearings, 519 Administrative Procedures Act (APA), 516, 519 AECOM, 181–184, 265 Affirmative action, 534–535 Age discrimination, 535–536 Age Discrimination in Employment Act (ADEA), 535 Agency (agencies), 34–35, 428, 432, 518–520 Agreement conclusion, knowledge, 457 contract element, 423 formation, 454–457 Air Pollution Control Act of 1955, 537 Air Quality Act (1967), 537 Alexandria 2020, 102, 103f Allied professionals, contracts, 433, 434 Alternative Work Schedule (AWS), 218 American Institute of Architects (AIA), standard contracts, 413–414 American Recovery and Reinvestment Act (Public Law III-5), 368 American Society of Landscape Architects (ASLA), 28 awards, 58–59, 98–100, 117 Code of Environmental Ethics, 38, 41–43 Code of Professional Ethics, 39–41 green roof design, 60–61 member-practice demographic, 19f National Salary and Business Indicators Surveys, 402 professional association standard contracts, 415 sustainable land development/land management, 60 Sustainable Sites Initiative, 60 Americans with Disabilities Act (ADA), 161–162, 530–531 Arbitration, 412 Artist/Designer Advisory Planning Team (ADAPT), 131 Assets, 296, 317–318 liabilities, contrast, 296 AutoCAD software, 15, 46, 47f Automatic enrollment safe harbor 401(k) plans, 360–361 Average age of receivables, 303, 312

Contracts, 410–412, 415, 433–434 clauses/elements, 459–468 formation process, 421–422 loopholes, 246 negotiation, 446–459, 466, 497 parties, responsibilities, 427 risk, limitation, 245 termination, 468 Contractual relationships, 236 Contributory negligence, 521 Corporate development, 92–97 Corporate headquarters, design, 94–95 Corporate investor, return on investment, 269–270 Corporate practice, 18–19, 223–234 Cosmo Park, 89–90, 91f, 92f Council of Educators in Landscape Architecture (CELA), 28–29, 30t–32t Council of Landscape Architecture Registration Boards (CLARB), 21–23 County agencies, public-sector client, 151, 162–164 Credit, 439–444 establishment, 256–266 problems, 282 Credit lines, 274, 276–278 Credit reporting agencies, 281 Critical path method (CPM), 479, 481–482 Current assets, 296 Current ratio, 312 Cut sheets, 382 Debt, 264, 268–269, 273–280 Debt-to-equity ratio, 283 Denver Service Center (DSC), 152, 212–223 Department of Defense, 152, 160–161 Department of Housing and Urban Development (HUD), 152, 161 Desert Highlands project, 76–77, 78f Design, 432, 496–500 Design-bid-build, 258 Design development (DD), 499–500 Design + Planning, 181–184 Design Workshop, 190–191 Digital photo files/archives, 394–395 Disability insurance, 348–349 Discrimination, 531–536 Dispute/disagreement resolution, 455–456, 460–462 Documents, ownership, 465 Downtown Durham Master Plan, 183 Dual principal review, 494 Dye Design, 83–84 Earned income tax credit (EITC), 368 Earth sculpture, 142–148 Eckbo, Garrett, 9–10, 11f Economic conditions, impact, 57–58 Electronic Federal Tax Payment System (EFTPS), 368 Electronic records, off-site storage, 334 Employee termination, 523, 526–527 private legal rights, 529 records, 366 Employee Benefits Security Administration (EBSA), 527 Employee Retirement Income Security Act of 1974 (ERISA), 356, 527–528 Employee stock ownership plans (ESOPs), 358–359 Employer EEOC requirement, 535–536 employee relations, 522–523 tax obligations, administration, 365

543

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544 Employers’ tax administration, 365–369 Employment actions, 533 agreements, 444–446 discriminatory practices, 532 Employment-at-will, 523 Endangered Species Act (ESA), 538–539 Endangered Species Protection Program (ESPP), 540 Enforceable form, 412 Environment, protection, 536–540 Environmental assessments (EAs), 536 Environmental impact statements (EIS), 160, 536–537 Equal Employment Opportunity Commission (EEOC), 532, 533 Equal Pay Act of 1963, 531 Equity, 268–273 ratios, 312–313 Errors and omissions (E&O) insurance, 245–246, 349–350 Estate design, 5–6 Ethics, ethical issues, 29, 32–34, 36–38, 509, 510 Excluded services, 464 Executive Order 11246, 535 Expansion location, 405–406 External environment, 375–376, 377


Index

W-2, 369 W-4, 366–367 W-5, 368 401(k) plans, 356–361. See also Freeway Park project, 81–82 Friendly model, 34–35 Fund raising, 264–266

Gainesway Farm project, 118–119, 120f Gannett Company/USA Today corporate headquarters, 97 Gantt charting, 479 Garden cemetery, 114 Garden design projects, 117–127 Garden State Parkway (Clarke & Rapuano), 8 General design files, 341 General partners/partnerships, 270, 272 General public licensure, benefits, 512 protection, 509, 536–540 Geographic information system (GIS), 46, 48, 217 Geographic market, presence, 404 Ghiradelli Square (Halprin), 11 Goldsworthy, Andy, 142 Googleplex, 95–96 Government regulatory law/agencies, 509, 516–518 Green Book, The, 79–80 Green Lane Residence, 121–122, 124f Fair Credit Reporting Act (1970), 281 Fair Labor Standards Act (FLSA), 516, 523–524 Green solutions, projects, 59–68 Family and Medical Leave Act (FMLA), 529–530 Group health insurance, 194–195 GSA Form SF 330, 382 Faulkner Farm (Platt), 5, 6f Guadalupe Gardens (San Jose), 144–145 FDR Memorial (Halprin), 11–12 Guadalupe River Park, 145, 146f Federal Acquisition Regulation (FAR) rule, publication, 384 Halprin, Lawrence, 8–10 Federal Clean Water Act (1972), 247 Harbor Island National Park Area, 134–135, 136f Federal Employee Retirement System (FERS), Hazardous materials, 248 218 Health insurance, 351–355, 528 Federal Employees Group Life Insurance, 219 Health Insurance Portability and Accountability Federal government, 151–162 Act (HIPAA), 356, 527 Federal Highway Administration (FHWA), 152, Heritage Rose Garden, 145 156–160 Federal Insecticide, Fungicide, and Rodenticide Hiawatha Light rail system, 83 High Line project, 90–92, 93f Act (FIFRA), 539, 540 Historic American Landscapes Survey (HALS), Federal Insurance Contribution Act (FICA), 135–136 367–368 Historic preservation, 135–142 Federal Lands Highway Program, 157 Hither Lane Estate, 121 Federal Unemployment Tax Act (FUTA), 350, HNTB Corporation (case study), 171–180 369 Federal Water Pollution Control Act (FWPCA), Holidays, 345–362 House by the Creek, The, 120–121, 122f 538 Housing construction statistics, 403–404 Fees Howard Stein residence, 117–118, 119f capacity, establishment, 487 Hywet, Stan, 136–137 negotiation, 450–451 FFC Report Number 130, 382 Imperial Landing project, 79 Fiduciary model, 35 Income statement, 294–296 Filing management, 329–342 Income tax withholding records, 366 Financial manager, 292–293 Indemnities, 465 Financial ratios, 293, 310–313 Industrial development, 92–97 Financial records, 343–344 Injury, 520–522 Financial statements, ratio/direct analysis Institutional projects, 108–117 (usage), 282 Insurance, 347–349, 466 Financing, 264–269 Intangible assets, 296 “Five Cs,” loan request evaluation method, Integrated accounting programs, 320 280–283 Intentional torts, 522 Flexible spending accounts (FSAs), 218, 353 Intermodal Surface Transportation Efficiency Flight 77 memorial, 113–114 Act (ISTEA), 159–160 Flight 93 National Memorial, 115–117, 118f Internal Revenue Service (IRS), Tax Guide Floriade Expo, 71–72 (Publication Guide 15-T), 367 Foothill College project, 110–111 International Federation of Landscape Ford Dearborn Truck Assembly Plant, 62, 64f Architecture (IFLA), 13–14 Forms, 334–339 International parks, 145–148 Form 5500, 527 International projects, 68–75 Form 941, 368 Internet, 15, 391 types, 334

Interstate 90 project, 157 Interview, 396, 399–402 Ira’s Fountain, 11, 12f IT Park (Bangalore, India), 73 James Monroe birthplace, 139, 141 Javacheff, Christo, 142 Jinji Lake open space, 70–71 Job description, examples, 407f, 505f–506f Job development, 487, 283 Job numbering systems, 325–327 Job order contracting (JOC), 258, 259 Judicial review, 519 Key-person insurance, 350–351 Kubu River Hippo Marsh Exhibit, 74 Labor relations, 509, 522–523 Ladder approach, 494–495 Land Bridge project (Vancouver), 82, 83f Landfill sites, 133–134 Land projects, 127–135 Landrum-Griffin Act, 522 Landscape architect allied professional, 255, 256 architect, 257–258 budgets, 256–257 civil engineer, interaction, 257 design sensitivity, 256–257 expectations, 255 Landscape architect/owner relationship236, 238–255 Landscape architects agent role, 428, 432 clients, 53–58 employer, equity, 270, 272 financial manager role, 292–293 negligence, 521–522 third-party issues, 36 title, usage, 22 Landscape Architect Task Analysis Survey, 23 Landscape Architectural Accreditation Board (LAAB), 38 Landscape architecture career tracks, 17–21 firm, principals (involvement), 58 historical roots, 117–118 international practice, 13–14 licensure, precedent, 513 material, filing, 324 profession, 1, 2–17, 43–50 projects, 58 salaries, multiplier, 402–403 services, federal procurement (Standard Form 330), 382–386 Landscape Architecture Registration Examination (LARE), 22–25 Landscape art, 142–148 Landscape restoration projects, 135–142 Large landscape architecture firms, 180–191 Law, 508–511 Lawfulness (term), 411–412 Lawsuits, 439, 460 Leases/leasing, 274, 278–279 LEED certification projects, 59–68, 373 Liabilities, 296, 466–467 Libel, 522 Licensure, 512–514 Licensure laws, 21, 509, 511–513 Life insurance, 350–351 Light Benches memorial, 113–114 Light rail systems, 82–83 Limited partners/partnerships, 270, 272 Limit-of-liability clause, inclusion, 246 Linn Cove Viaduct, 8, 9f Liquidity ratios, 312

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545

Index

Lite-on Electronics Headquarters, 73 Litigation, 412 Loan(s), 273–280 agreement, 441–443 proposal, 284–285 request, 280–285 Local governments, 164, 151 Long-term notes, records, 344 Long-term solvency ratios, 312–313 Louisa, The, 62, 64f Louisville Waterfront, 84–86, 87f Lurie Garden, 61–62, 63f Magazine coverage, 390–391 Maintenance financing, 267 Malmo, Sweden (international housing exposition), 73–74 Marine Protection, Research, and Sanctuaries Act (1972), 539 Market size/expansion, 402–406 Marketing, 373 development, 487 direct mail/direct call, 386–388 effectiveness/productivity, 374 environment, 379 information, 344–345 payoff, 395–402 plan, 378–380 staff, 406–408 tools, 380–395 Materials filing, 324–325 monitoring, 476 uniformity/organization, 333 Mediation, 412 Medicare, 353–354 Memorial expression, design concepts, 116 Mercer Island, 157–158, 157f–159f Merger/acquisition, usage, 405 MESA, 187–188 METRO light rail system (Phoenix), 83–84 MicroStation, 46 Minimum wage, 523–524 Minute Man National Historical Park, 138–139, 140f, 141f Mission statement and goals, 374–375, 376 Moerenuma Park, 146 Monroe, James (birthplace) project, 139, 141 Monthly expenses, monitoring, 294 Mortgage, 273, 275 Mount Saint Helens visitor facilities, 154 Multifamily housing, 75–80 Multiple direct consulting, 236, 237–238 National Environmental Policy Act (NEPA), 13, 536–537 National Forest Service, 152, 153–156 National Institute of Occupational Safety and Health (NIOSH), 525 National Labor Relations Act, 522 National Labor Relations Board (NLRB), 522–523 National origin, reference, 533–534 National Park Service, 136, 152–153, 212–223 National Pollutant Discharge Elimination System (NPDES), 247, 538 National professional organizations, formation, 513t National Salary and Business Indicators Surveys (ASLA), 402 National Semiconductor Employee’s Recreational Park, 86, 88f Negligence, 520–522 Negotiation, 497 concessions, 449 deadlock, resolution, 456

fees, 450–451 fundamentals, 447–451 mistakes, 457–459 preparation, 447 reneging, problems, 449–450 strategies, 451–454 NE Siskyou Green Street project, 64–65 New markets, 402–406 Newspaper coverage, 390–391 Niche markets, 403–404 Noncontractual relationships, 236 Nonwage employee payments, tax status, 369–370 Norris-La Guardia Act, 522 Northala Fields, 146–147, 148f Occupational Safety and Health Administration (OSHA), 517–518, 524–526 Office management computer hardware and software, 44–50 files/records, 339–345 physical environment, 395 technology, 43–44 Office of Americans Disabilities, federal client, 152, 161–162 Office of Federal Lands Highway (FLH), 156, 157 Olmsted, Frederick Law, 2–4, 127 Operating lease, 278 Operating line of credit, 276–277 renewal, negotiation, 451–452 Oregon Burn Center, 123–125, 126f Outdoor recreation facilities, 84–92 Outside payroll service, 364 Outside peer review, 495 Overhead rate, 313–314 Owners equity, 296 expectations, 239–240 Paid time off (PTO), 175–176, 345–362 Park planning era, 2–4 Parks, 84–92 Parkway movement, 8 Parque Celestial, 147–148 Partners, equity, 270, 271–272 Party injury, avoidance (duty), 520–521 Passage to the Lake project, 119–120 Paternal model, 34–35 Payables records, 343 PAYDEX, 281 Payment billing/terms, 462–463 security, 462 Payroll, 321, 364–365 Peck Farm Park, master plan/biomes, 133, 134f Pennsylvania Veteran’s Memorial, 114–115 Pension benefits, provision, 528 Pentagon Memorial, Light Benches project, 113–114 Personal contacts, client base, 56–57 Personal guarantees, 283–284 Personal savings, equity, 270, 271 Personnel records, 342–343 Phoenix Tower Roof Garden, 123, 125f Plaintiff, money collection process, 441 Planning, 287–289, 496, 497–500 Planning and analysis projects, 98–100 Platt, Charles, 5 Plaza Park project (San Jose), 143–144, 144f, 145f Point-of-service (POS) plan, 352 Practice law, 21, 511 Practice specialty, development, 57 Prime consultant, 236–237 Principal, hiring/relocation, 405

Print advertising, 393–394 Prior-acts coverage, 349–350 Private practice, 169–170 Private-sector clients, 53–54 Product information files, 362–364 Production projects, 241 Profession, obligations, 37–38 Professional association standard contracts, 433 AIA, 413–415 ASLA, 415 Professional development, 25–27 Professionalism, 20–21 Professional liability insurance, 349–350, 466 Professional licensure, 21–23, 56 Professional practice legal environment, 508–531 relationships, 236 Professionals/clients, obligations, 34–36 Professionals/employers, obligations, 37 Professional services contract, 413–423, 423–444 fees, 427 liability, 467 marketing, 373 terms/conditions, 428 Professional societies, 27–38 Profitability, financial goal, 293 Profit-and-loss (P&L) statement, 293, 344 Profit management, 298–299 Profit sharing, 358, 359 Pro forma financial statement, 306, 310 Pro forma statement, 293 Project files, 331–333, 339–342 Project manager (PM), 476, 485, 496, 502, 505f–506f Projects client obligation, 463–464 close-out list, 503 conclusion, 483–489, 502–503 corrective actions, 484 cost, 322, 485–487 cut sheets, filing, 345, 381–382 data, 339–345 description, 423 goal, quality, 496 information files, 326, 339–345 management, 471–472, 500 planning/ organizing, 472–476 profit maximization, 485–487 progress reports, 487 schedule problems, 483–489 scheduling, CPM (usage), 481–482 staff direction and supervision, 494–500 start-up meeting, 492 tracking, 483–489 Project-specific technical information, 364 Promissory note, 443–444 Promotion, 380–395 Property insurance, 347–348 Proposals, 396, 421–423 preparation, 397–399 writing assistance, 500, 502 Public health, risk, 511–512 Publicity, 518–519 Public memorials, 113 Public records, 403 Public-sector clients, 54, 150–164 proposal formats, 421 Public speaking, 391–392 Public works projects, 163 Punta Pite (Santiago, Chile), 74 Purchase-and-leaseback arrangement, 279 Quality assurance/quality control (QA/QC) programs, 249 Radio, 390–391, 393–394

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546 Rain Bird, 223–234 Rainwater runoff projects, 63–65 Rapuano, Michael, 8 Receivables, 303, 312, 321 Records management, 329–345 Regional planning, 97–108 Rehabilitation Act of 1973, 531 Request for information (RFI), 397–399 Request for proposal (RFP), 150–151, 374, 421 response, 382, 387, 396 Request for qualification (RFQ), 151, 374, 397 Resource Conservation and Recovery Act (RCRA), 539–540 Retainers, usage, 462 Retaliation, 531 Retention, 331 Retirement benefits/plans, 355–362 401(k) plans, 356–361 Individual Retirement Account (IRA), 361–362 Return on investment (ROI), 269–270 Revenue records, 343 Reviewing principal, designation, 495 Road beautification projects, 80–84 Robinson, Charles Mulford, 6–7 Root, John, 3–4 Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETTEA-LU), 160 Safe Drinking Water Act (1974), 538 Safety risk, 511–512 San Diego Zoo, 109–110 Sasaki Associates, 188–189 Savings loan, 277 Savings plan, 358, 359 Schematic design, 497, 499 Scope of services, 423–424, 472–475 Seawatch project, 75–76 Security policies, 345, 347 Services addition/exclusion, 464 availability, 33–34 competition, 512 contractual scope, PM memorization, 496–497 scope, 424, 472–475 SF 330 form, 382, 385f, 386 Shadow Pergola, 124 Short-term commercial loans, 273, 274–275 Sick leave, 345–362 Single-family residential projects, 117–127 SketchUp, 3-D model (examples), 16f, 48f, 49f Slander, 522 Small Business Administration (SBA) loans, 279–280 Small claims, 439–440 Small firms, 191–202 Social considerations, 377 Social Internet networks, 389–390 Social Security, 208 tax, 367–368 Software, 15, 44–50, 319–321 Sole proprietorships, 299 Solid Waste Disposal Act (1965), 538–539 Solid waste landfills, reclamation, 133 Source, The, 102–103, 104f South Cove Waterfront Park, 84, 86f Specialization, 57 Specialty practice, 19 Spectacle Island, 134–135, 136f Springside National Historic Landscape, 137–138 Squaw Peak Parkway, 158–160 Staff direction/motivation, 492–493 hiring/relocation, 405


Index

professional development opportunities, promotion, 495 selection/organization, 489–492 technical supervision, provision, 494–500 Staffing needs/issues, 487 Standard Form 330, 382–386 Standards, compliance, 464 Stan Hywet Hall, 136–137 Stapleton Development Plan (The Green Book), 79–80 Start-up financing, 265–267 State board, violation examination, 515–516 State governments, 151, 162–164 State licensure board, powers/duties, 514–515 Statement of interest (SOI), 396–397 Statement of qualifications (SOQ), 382, 396–397 State procurement offices, 164 State public works projects, 163 Steens Mountain Cooperative Management and Protection Act, 106–107 Stein, Howard (residence), 117–118, 119f Stockholders, equity, 296 Storm Water Pollution Prevention Plan (SWPPP), 247 Strategic plan, 374–377 Street Edge Alternative (SEA) Street project, 66–67, 68f, 69f Streetscape beautification, 80–84 Strict liability, 522 Sub-chapter S corporations, setup, 299 Subconsultants, 236 agreement, 433–434, 435f–438f allied professional expectations, 256 files, 343–344 Subconsulting, 238, 378 Subject filing, usage, 333 Substantive rules, 518 Subsurface hazardous materials, 248 Summary reports, production, 320–321 Superfund, 539 Supplemental wages, 365 Surface Transportation Assistance Act, 157 Sustainable concepts, projects, 59–68 SWA Group, 189–190 Taft-Hartley Act, 522 Taylor Street Rock Garden, 145 Technical registration, state boards, 514–516 Technical resources, 362–364 Technical staff, performance reviews, 500–503 Technological change, external force, 377 Technology, impact, 43–50 Telephone answering manner, 395 Telephone solicitations, 38 Television advertising/coverage, 390–391, 393–394 Terminal 5 building (Heathrow), 147 Termination, 468 Tickle files, usage, 390 Timberline Lodge, 141–142, 143f Time keeping, 327–329, 330f monitoring, 476 records, usage, 321 negotiating tool, 453–454 Times interest earned ratio, 313 Title law, 21, 511 Title VII (Civil Rights Act of 1964), 531, 533–534 Tort law, 509, 520 Total quality management (TQM), 374 Toxic Substances Control Act (1976), 539 Tracking systems, 476–482 Trade credit, 264, 285–287 Trade shows/conferences, 392, 393f

Transfer of development rights (TDR) method, 90 Transit projects, 80–84 Transportation Equity Act for the Twentieth-first Century (TEA-21), 160 Travel expense report, 334, 337f Trend ratios, 312 Trespassing, international tort, 522 Trust, importance, 446–447 Type-of-work task codes, 327–328 Underwood Family Sonoran Landscape Laboratory (CALA), 65–66, 67f Unemployment insurance, 208, 350–351, 369 Unenforceable contract, 412 Unified National Examination (UNE), 23 Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA), 523 United States Access Board, 162 University of Houston, Cullen Entry, 111–112 Univ. of MN Duluth (UMD) Swenson Science Building, 112–113 Urban growth era, 7–9 Urban planning, 97–108 U.S. Army Corps of Engineers (USACE), 161, 538 U.S. Forest Service, 153–156 U.S. Green Building Council (USGBC), 59–60 U.S. law, status, 510–511 Vacations, 345–362 ValleyCrest Landscape Development, 203–212 Vaux, Calvert, 2 Vehicle liability insurance, 347–348, 466 Vendor files, 343 Ventana Canyon Planned Community/Golf and Racquet Club, 86–89 Venture capital investors, 270, 272 Veteran’s Memorial (Indiantown Gap National Cemetery), 114–115 Vital records, 333–334 Wagner Act, 522 Wallace, Roberts & Todd (WRT), 184–187 Wall charts, 478–479 Washington Mutual Bank roof garden project, 96–97 WaterColor project, 77–79 Water harvesting, 65–66 Water reclamation projects, 127–135 Web site, usage, 386 Welfare, risk, 511–512 Wembley Stadium, redevelopment, 147 What You See Is What You Get (WYSIWYG) approach, 386 Wildhorse Ranch project, 106–107 Wilds, The (project), 131–133 Williams Square project, 94, 95f Withholding taxes, 365, 366–369 Work plan, 472–475 review form, example, 501f scope, 423–424, 472 tracking, 327 Workflow, controlling/monitoring, 476–487 Worker’s compensation insurance, 194, 208, 348, 466 Worker’s compensation laws, 524 Work in progress (WIP), 293, 310, 487 Workload forecast, 487–489 projections, 283, 293, 310 World’s Columbian Exposition (1893), 3–4, 5f XL Insurance Contract Guide for Design Professionals, 245–247, 250, 459

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Indispensible information for practicing landscape architects, including professional ethics, finances, office administration, marketing and promotion, and project management

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A Complete Guide to Starting and Running Your Own Firm

WALTER ROGERS served as president and CFO of The Acacia Group, a landscape firm in Tucson, Arizona, until 2007 when his firm was acquired by Olsson Associates, a multidisciplinary engineering and design firm. He currently serves as a senior landscape architect in Olsson’s Tucson office. He has thirty-five years’ experience working as a landscape architect and holds an MLA from the University of Massachusetts and an MBA from the University of Phoenix. He served on the landscape architecture faculties of the University of Arizona, the State University of New York at Syracuse, and the Gloucestershire College of Art and Design, Cheltenham, England.

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The Professional Practice of Landscape Architecture, Second Edition is completely revised to keep up with the latest developments driving the day-to-day operation of a successful private-practice landscape architecture office. Whether helping a landscape architecture student identify a career track, providing direction on starting a new office, guiding an owner seeking to jumpstart a stagnant or fledgling business, or assisting a landscape architect-in-training study for the national Landscape Architecture Registration Exam (LARE), this single-source blueprint is the key to prospering in this dynamic field. This new edition features:

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Rogers

SECOND EDITION

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