DBIA EXAM 1, 2 AND 3 NEWEST 2024 ACTUAL EXAM COMPLETE 500 QUESTIONS AND CORRECT, Exams of Engineering

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DBIA EXAM 1, 2 AND 3 NEWEST 2024 ACTUAL EXAM COMPLETE 500 QUESTIONS AND CORRECT DETAILED ANSWERS (VERIFIED ANSWERS) ALREADY GRADED A+ Purpose Statement: DBIA is the only organization that _____ , _____, and _____ best practices in design-build project delivery. - ANSWER >>>>- defines - teaches - promotes _____ _____ is the belief that there is a technique, method or process that is more effective at delivering a particular outcome than any other. - ANSWER >>>>Best practice With proper ____, ____, and ____ a desired outcome can be delivered with fewer problems and unforeseen complications. - ANSWER >>>>- process - checks - testing Implementing the best practices on any type of DB project _____ the probability of a _____ project that meets the expectations of all _____. - ANSWER >>>>- increases - successful - stakeholders If the best practices are NOT implemented, there is a(n) ____ probability that the project's _____ will be compromised and that some or all of the stakeholders will be disappointed. - ANSWER >>>>- increased - performance _____ _____ are high level principles. - ANSWER >>>>Best practices What 3 topics are the Best Practices organized into? - ANSWER >>>>- procurement - contracting - execution How many Best Practices are there? - ANSWER >>>>10 What are the discrete ways to implement the Best Practices? - ANSWER >>>>Implementing Techniques The Implementing Techniques are essentially "____" best practices - ANSWER >>>>mini How many Implementing Techniques are there? - ANSWER >>>>59 One key factor in project success is the Owner's choice of _____ _____ system and _____ approach. - ANSWER >>>>- project delivery In the Acquisition Strategy, one should select the best combination of what 3 components? - ANSWER >>>>- project delivery system - procurement method - contracting approach Each project is unique so make informed _____. - ANSWER >>>>choices What best describes: "How team members are organized?" - ANSWER >>>>Project Delivery Systems What best describes "How team members are selected?" - ANSWER >>>>Procurement Method What best describes "How team members are paid?" - ANSWER >>>>Contracting Approach List 4 examples of procurement methods. - ANSWER >>>>- QBS - Best Value - Low Price - Sole source List 5 examples of contracting approach. - ANSWER >>>>- fixed price - GMP - Cost reimbursement - Target price - unit price In developing acquisition strategies, what are 4 factors to consider? - Owner's _____. - Unique project _____. - Owner ____ & ____. - _____ considerations. - ANSWER >>>>- Owner's objectives - unique project considerations - owner profile and personality - marketplace considerations What are the 5 Owner's objectives? - ANSWER >>>>- Control - relationships - project budget - project schedule - risks IMPLEMENTING TECHNIQUE No. 1(G): Owners should understand all _____ constraints imposed or _____ afforded by their legislative, regulatory, or internal requirements. - ANSWER >>>>- procurement - flexibilities IMPLEMENTING TECHNIQUE No. 1(G): Owners should understand all procurement constraints imposed or flexibilities afforded by their _____, _____, or _____ requirements. - ANSWER >>>>- legislative - regulatory - internal IMPLEMENTING TECHNIQUE No. 1(C): Owners should _____ and _____ key project _____ at the early stages of project planning. - ANSWER >>>>- identify - involve - stakeholders When should owners identify and involve key project stakeholders in the stages of project planning? - ANSWER >>>>Early on Owners should carefully research and assess current market conditions as they plan their DB programs, as this will identify potential risks and opportunities. Among the issues to be researched and assessed include: _____ actions that could limit or expand competition; projected labor, material, and equipment _____; _____ learned from similar projects; and _____ of budget and schedule estimate. - ANSWER >>>>- procurement In DBB, design is fully completed _____ input from the GC. - ANSWER >>>>without In _____, the A/E is acting in the owner's interests. - ANSWER >>>>DBB Who controls the design team selection in DBB? - ANSWER >>>>The Owner The _____ project delivery method is well established and understood. - ANSWER >>>>DBB Which project delivery system is consistent with public sector procurement laws and the most prevalent delivery system through the 20th century? - ANSWER >>>>DBB In DBB the _____ _____ is incompatible with expediting project delivery. - ANSWER >>>>Linear sequence in _____, the contractor's input is absent during the design process. - ANSWER >>>>DBB In DBB, the Owner has a "_____ of _____ relationship" with the A/E. - ANSWER >>>>Standard of Care Relationship In DBB, the Owner has a "_____ relationship" with the Contractor. - ANSWER >>>>Spearing Relationship What 2 methods of selection (procurement methods) does CMAR use? - ANSWER >>>>- QBS - Best Value Who provides the pre-construction services for CMAR? - ANSWER >>>>Contractor What kind of contracting approach is usually used in CMAR? - ANSWER >>>>Negotiated GMP What is special about the estimating process in CMAR? - ANSWER >>>>it is an open-book Which delivery methods have the chance to fast track the schedule? - ANSWER >>>>- DB - CMAR In CMAR, the construction cost is determined _____ the design is completed. - ANSWER >>>>before In CMAR, the Owner procures and manages designers and contractors under (one / two separate) contracts? - ANSWER >>>>two separate In CMAR, the _____ negotiates the full commercial deal. - ANSWER >>>>Owner In CMAR, what is the direct contractual relationship between the contractor and designer? - ANSWER >>>>There is no direct contractual relationship In CMAR, there is _____ public sector authority for its use. - ANSWER >>>>limited In _____, the owner contracts with one single entity for both design and construction. - ANSWER >>>>DB In which project delivery method do the designer and contractor have a direct contractual relationship? - ANSWER >>>>DB Which project delivery method has multiple organizational structures? - ANSWER >>>>DB In DB, How is the Design-Builder generally selected? - ANSWER >>>>QBS or Best Value Which delivery methods generally uses the selection process of QBS and Best Value? - ANSWER >>>>- DB - CMAR Which delivery method has a wide spectrum of contracting approaches? - ANSWER >>>>DB What contract approach does IPD tend to use? - ANSWER >>>>Target Price What procurement method is typically used in IPD? - ANSWER >>>>QBS What is the key to IPD? - ANSWER >>>>Owner's ability to accept risk P3 is typically used in what delivery system? - ANSWER >>>>DB The 2 main responsibilities of the owner under ALL delivery systems: Executing ______; and Executing actual _____ _____. - ANSWER >>>>- procurement - project delivery Owner's often retain ___ _____ assistance. - ANSWER >>>>3rd party What is one characteristic of the scope in 3rd party assistance? - ANSWER >>>>The scope of services varies widely Using a 3rd party professional does NOT constitute a new _____ _____. - ANSWER >>>>delivery system Delivery systems alone, do not predict _____ - ANSWER >>>>success Owners drive project success by strategically selecting strategies that promote team _____ and group _____. - ANSWER >>>>- integration - cohesion What are 3 strategies to maximize integration and group cohesion? - ANSWER >>>>- open-book in cost - early involvement in design process - qualification based selection In DB, the majority of responsibility for completeness, accuracy, and integration of design and construction processes is transferred to the _____ - ANSWER >>>>Design-Builder. DB is a mindset defined by the _____ of everyone involved in the project. - ANSWER >>>>attitude Success in DB requires the team to think and act as a _____ _____. - ANSWER >>>>single entity _____ ______ was not a contractor, architect, or engineer; but the embodiment of all 3. - ANSWER >>>>Master-Builder The DB process is intended to be highly _____ and fully _____. - ANSWER >>>>- collaborative - integrated. The power of the _____ will deliver projects faster, better, and for optimum cost. - ANSWER >>>>team Intense efforts to establish the _____ early in the process can enable big decisions to be made early and affect project outcomes at lowest cost. - ANSWER >>>>scope Intense efforts to establish the scope earlier on in the process, drives early team ______ to include key trade _____. - ANSWER >>>>- formation - subcontractors Traditionally in _____, the price for entire contract is established at execution/award. - ANSWER >>>>DB In _____ DB, the Owner defines the project requirements and scope of prescriptive work. - ANSWER >>>>traditional In _____ DB, use of performance-based technical requirements with limited prescriptive specifications - ANSWER >>>>Traditional DBIA is _____ on how the DB entity should be organized. - ANSWER >>>>neutral IMPLEMENTING TECHNIQUE: Owners should involve _____ leadership that is committed to the _____ of the DB process, as this will foster a _____ and _____ relationship among the entire project team. - ANSWER >>>>- senior - success - healthy - trusting _____ documents prescribe how to achieve the end result. - ANSWER >>>>Bridging _____ documents describe the end result. - ANSWER >>>>Criteria DBB Paradigm: Prior to bidding, _____ undertakes a process to design the project, including all of its details, to ____ complete plans and specs. - ANSWER >>>>- Owner - 100% in DBB, the _____ is responsible for success or failure of details of the design and _____ the sufficiency of design to the _____. - ANSWER >>>>- Owner - warrants - Contractor Owner is liable to contractor for any _____ between plans and specs and Owner's requirements for project performance. - ANSWER >>>>gaps In DBB, what is the level of completion at the point of contract. - ANSWER >>>>100% Owner should define its performance requirements and award contract on basis of _____ ______. - ANSWER >>>>preliminary design Who is responsible for completing design in accordance with the Owner's performance requirements? - ANSWER >>>>Design-builder Who warrants the sufficiency of design to meet the Owner's criteria? - ANSWER >>>>Design-builder The purpose of the completed plans and specs is to enable the _____ to build the project. - ANSWER >>>>Design-builder in DB, what level of completion is the preliminary design at point of contract? - ANSWER >>>>less than 100% prescriptive specifications are provided by the _____. - ANSWER >>>>Design-builder (Uniformat / Masterformat) subdivides project by functional elements. - ANSWER >>>>Uniformat (Uniformat / Masterformat) subdivides by work results/trades - ANSWER >>>>Masterformat (Uniformat / Masterformat) focuses on systems and assemblies - ANSWER >>>>Uniformat (Uniformat / Masterformat) focuses on building materials, products, and activities. - ANSWER >>>>Masterformat (Uniformat / Masterformat) aligns BIM models and conceptual estimating. - ANSWER >>>>Uniformat (Uniformat / Masterformat) Useful for detailed information during final design and construction phases. - ANSWER >>>>Masterformat What are the 3 types of requirements? - ANSWER >>>>- Functional - Performance - Prescriptive _____ requirements are a specific business need or behavior as seen by an external user of the system. - ANSWER >>>>Functional ______ Requirements are developed by the Design-builder, but used by Owners in RFP/Bridging documents. - ANSWER >>>>Prescriptive _____ Requirements example "Install gypsum wallboard on 3- 5/8" metal studs at 16" O.C. with XX accoustical insulation per YY standards." - ANSWER >>>>Prescriptive One drawback of _____ Requirements is key concepts determined without involvement of the DB team. - ANSWER >>>>Prescriptive a drawback of _____ Requirements is bridging detracts from Owner's ability to obtain a variety of solutions during procurement. - ANSWER >>>>Prescriptive Bridging takes considerable ____ and ____. - ANSWER >>>>time and expense. Bridging documents can transfer risk back to the _____. - ANSWER >>>>Owner _____ negates many of DB's benefits. - ANSWER >>>>Bridging what are the 5 phases in identifying owner requirements? - ANSWER >>>>- PHASE 1: Essential Function - PHASE 2: Performance Requirements - PHASE 3: Performance Criteria - PHASE 4: Performance Specifications - PHASE 5: Prescriptive Specifications Establishing design excellence is in the ____ of its _____. - ANSWER >>>>eyes of its beholder. Defining design excellence is key in the _____. - ANSWER >>>>RFP _____ procurement can range from strict rules to no rules at all. - ANSWER >>>>Private _____ procurement has constraints diminishing as DB becomes more popular and better understood. - ANSWER >>>>Public One Public sector DB challenge are Owners who do not value benefits of ____ or ____ ____. - ANSWER >>>>- QBS - Best Value One Public sector DB challenge are Owners who are afraid of evaluating ______ factors. - ANSWER >>>>subjective Owners should use a procurement process that focuses heavily on the _____ of the Design-Builder and its key team members; _____ DB teams that have a demonstrated history of successfully _____ on DB projects. - ANSWER >>>>- qualifications - rewards - collaborating _____ takes the best of "qualified" teams and is a key to DB success. - ANSWER >>>>Shortlisting Shortlisting (is / is not) the same as prequalifying or pass/fail. - ANSWER >>>>is NOT Shortlists should be kept _____. - ANSWER >>>>small The DBIA's federal sector best practices calls for no more than _____ teams on the shortlist. - ANSWER >>>>3 _____ minimizes procurement costs for everyone, including the owner. - ANSWER >>>>Shortlisting IMPLEMENTING TECHNIQUE: Owners who require project- specific technical submittals for evaluating and selecting the Design-Builder should use a _____ _____ procurement process and limit the _____ for such submittals to the _____ phase, where the list of proposers has been reduce. - ANSWER >>>>- two-phase What does LPTA stand for? - ANSWER >>>>Lowest Price Technically Acceptable Which procurement method gets limited use and is essentially non-competitive? - ANSWER >>>>Sole Sourcing What are the 2 categories of contract incentives? - ANSWER >>>>- Cost Incentives - Award Fees The purpose of ____ is to get highly qualified teams. - ANSWER >>>>RFQ The purpose of ___ is to communicate needs for firm pricing. - ANSWER >>>>RFP Key _____ are central to winning and executing a project. - ANSWER >>>>personnel Everything discussed with the RFQ applies to the ____ - ANSWER >>>>RFP DB ___ provides opportunities to optimize all aspects of the solution. - ANSWER >>>>Naturally _____ is the single most important distinction between DB and other delivery systems. - ANSWER >>>>TEAMWORK Operating and performing effectively in an integrated team is NOT _____ - ANSWER >>>>automatic A fundamental change of ____ is required for DB. - ANSWER >>>>mindset Focus on solving problems rather than protecting your _____. - ANSWER >>>>position we rarely have meaningful discussions about _____. - ANSWER >>>>Trust MISSION: DBIA promotes the value of DB project ___ and teaches the effective integration of _____ and construction services to ensure success for ___ and ____ - ANSWER >>>>- delivery - design - Owners - Practitioners VISION: DBIA will be the industry's _____ resource for leadership, education, objective expertise and best practices for the successful integrated delivery of _____ projects. - ANSWER >>>>- preeminent - capital What statement is this? "DBIA is the only organization that defines, teaches, and promotes best practices in DB project delivery." - ANSWER >>>>Purpose statement _____ _____ is the belief that there is a technique, method or process that is more effective at delivering a particular outcome than any other - ANSWER >>>>Best Practice A Best Practice is the belief that there is a ______ , _____ or _____ that is more effective at delivering a particular outcome than any other. - ANSWER >>>>- technique - method - process How many best practices are there? - ANSWER >>>>10 What are the 3 areas that the implementing techniques are categorized into? - ANSWER >>>>1. Procurement 2. Contracting 3. Execution All DB members should be _____ and _____ in the DB process and be knowledgeable of the differences between DB and other delivery systems. - ANSWER >>>>- educated - trained _____ is the essence of Design-Build Done Right - ANSWER >>>>Teaming Post Award is the time from _____ __ _____ to the end of the _____ period. - ANSWER >>>>- Notice of Award - Warranty _____ Management typically focuses on building the project. - ANSWER >>>>Construction _____-_____ _____ involves managing people through the ENTIRE process. - ANSWER >>>>Design-Build Leadership What are the 5 main stages of DB Leadership? - ANSWER >>>>1. Project team formation and alignment. 2. Project pursuit and procurement. 3. Design integration and advancement. 4. Construction. 5. Closeout and Commissioning. _____ must manage the entire process - ANSWER >>>>Design-Builders What does IDWP stand for? - ANSWER >>>>Integrated Design Work Plan Which phase commitments sets the stage for Integrated Project Leadership and Design-Build Process Control? - ANSWER >>>>Proposal Phase Commitments The Construction process is _____ while the design process is ______. - ANSWER >>>>- sequential - iterative _____ problem solving is what creates the opportunity to optimize the project. - ANSWER >>>>Integrated Create and _____ a culture for success - ANSWER >>>>Sustain _____ _____ _______ create a shared vision of project success. - ANSWER >>>>Team Alignment Sessions Commitment to Project goals promotes team _____ and _____. - ANSWER >>>>- integration - cohesion Proximity leads to _____ -- the power of overhearing. - ANSWER >>>>communication Communication leads to __________ -- promotes common knowledge. - ANSWER >>>>understanding Understanding leads to _____ -- interdisciplinary fluency develops One Team. - ANSWER >>>>respect _____ fosters cohesion -- one team acts as one team - ANSWER >>>>Respect Joint execution planning drives early _____-_____. - ANSWER >>>>decision-making What are the 4 DB Team Integration roles? - ANSWER >>>>1. Integrated Project Leader (DB - PM). 2. Designer of Record (A/E). 3. Design Manager. 4. Estimator (A/E). Who leads the project team and manages team dynamics? a) Integrated Project Leader b) Designer of Record c) Design Manager d) Estimator - ANSWER >>>>a) Integrated Project Leader Who balances the Owner's needs plus design and construction? a) Integrated Project Leader b) Designer of Record c) Design Manager d) Estimator - ANSWER >>>>a) Integrated Project Leader Who is licensed to protect the health, safety and welfare of the public? a) Integrated Project Leader b) Designer of Record c) Design Manager d) Estimator - ANSWER >>>>b) Designer of Record Who leads the overall design effort or design and engineering of a specific discipline? a) Integrated Project Leader b) Designer of Record c) Design Manager d) Estimator - ANSWER >>>>b) Designer of Record Who facilitates "Marriage" between design professionals and cost estimators? d) Estimator - ANSWER >>>>c) Design Manager The contract "price" for an estimator is established BEFORE the design is complete. True or False? - ANSWER >>>>True "First build the _____ ... then build the _____" - ANSWER >>>>- Team - Project What are the 4 Steps To Execution? - ANSWER >>>>1. Celebrate. 2. Assess & Validate Proposal. 3. Integrated Design Work Plan. 4. Execute Agreements. The Executive Agreements are known as the _____ __ _____ documents. - ANSWER >>>>Basis of Design Owner focuses on differentiating team qualifications and proposals to make a _____ _____ Selection. - ANSWER >>>>Best Value Immediately after selection, re-focus the team on Project _____. - ANSWER >>>>execution. The _____ Documents Describes the end result. - ANSWER >>>>Criteria The _____ Documents Prescribes how to achieve the end result. - ANSWER >>>>Bridging Go slow in _____ ... to go fast in _____. - ANSWER >>>>- planning - execution The _____ ensures there are no gaps between RFP and final accepted proposal. - ANSWER >>>>Design-Builder Validation is NOT a design Charrette. True or False? - ANSWER >>>>True Find the _____ between the Owner's RFP and the Design- Builder's proposal. - ANSWER >>>>Gaps Changes directed after _____ _____ may result in Request for Equitable Adjustment. - ANSWER >>>>Design Commitment Changes directed after "Design Commitment" may result in ______ for _____ _____. - ANSWER >>>>Request for Equitable Adjustment The initial preliminary IDWP should have been included in the _____ stage -- refine and update. - ANSWER >>>>Proposal In IDWP, you should identify the level of _____ required for documentation of each element. - ANSWER >>>>detail In IDWP, one should determine how much _____ will be allocated to each _____ task. - ANSWER >>>>- time - design In IDWP, one should include _____ for periodic design reviews per contract. - ANSWER >>>>milestones Integrated pull planning should be done for both _____ and ______. - ANSWER >>>>- design - construction What are 4 documents included in the Executive Agreements? - ANSWER >>>>1. Owner's project criteria. 2. Design-Builder's proposal. 3. Enhancements list. 4. Agreement on price or GMP. What are the 4 primary phases of oversight? - ANSWER >>>>1. Pre-con. 2. Contract Oversight. 3. Closeout. 4. Performance Evaluation Formal partnering (or disputes review board) happens in which of the 4 primary phases of oversight? a) Pre-Con b) Contract Oversight c) Close-out d) Performance Evaluation - ANSWER >>>>a) Pre-Con It is key to be accessible and flexible in which phase of oversight? a) Pre-Con b) Contract Oversight c) Close-out _____ changes are considered outside the scope. - ANSWER >>>>Cardinal ______ _____ is commitment between 2 or more organizations for the purpose of achieving specific business objectives by maximizing the effectiveness of each participant's resources. - ANSWER >>>>Formal Partnering Formal partnering typically results in mutually developing a _____ , _____ Matrix, and an _____ _____ Ladder - ANSWER >>>>- Charter - Communications - Issue Resolution What are the 3 synergistic elements for Owner's strategy for DB done right? - ANSWER >>>>1. Source Selection 2. Requirements 3. Contract Incentives In DB, requirements are _____ based. - ANSWER >>>>performance Performance Evaluation, Audit, and Warranty Period involves _____ and _____ of project goals. - ANSWER >>>>- Incentives - Alignment What are the 2 different types of incentives used in contracts? - ANSWER >>>>1. Implicit 2. Explicit Which type of incentive do ALL contracts have? - ANSWER >>>>Implicit Incentives Cost Plus Fee, Lump Sum, and Target Price are all examples of _____ incentives. - ANSWER >>>>Implicit Shared Savings and Award Fees are examples of _____ incentives. - ANSWER >>>>Explicit _____ _____ offer the Owner opportunities to align the DB team's interests with their own interests. - ANSWER >>>>Contract Incentives What are the 2 GENERAL types of incentives? - ANSWER >>>>1. Cost Incentives 2. Award Fees One "Best Practice" is to include _____ incentives in DB contracts. - ANSWER >>>>Explicit In determining incentives, use _____ as a guide. - ANSWER >>>>risk In a performance-based environment, like DB, the Owner has direct control over the details in "how" the work is performed - without assuming additional risk. True or False? - ANSWER >>>>False The project team should establish ______ and ______ to support integrated project delivery. - ANSWER >>>>- logistics - infrastructure Owners traditionally "trust" _____ , and typically are skeptical of _____. - ANSWER >>>>- architects - contractors _____ design and _____ are significant project delivery objectives. - ANSWER >>>>- Value - architecture _____ lead most DB projects. - ANSWER >>>>Contractors Design value is a(n) "_____" deliverable - ANSWER >>>>Subjective It is difficult to measure, monitor, or manage something that is _____ - ANSWER >>>>Subjective Design Quality ______ is the hard stuff but easy to measure. - ANSWER >>>>Objective Design Quality _____ is the soft stuff but hard to measure. - ANSWER >>>>Subjective In DB, the cost and design parameters of the project, and therefore its value, are determined _____ the design process. - ANSWER >>>>through Value = What you ____ for what you _____. - ANSWER >>>>- get - give ______ is what you get for what you give. - ANSWER >>>>Value _____ ______ is the tool used to identify, evaluate, manage and resolve changes during design, procurement and construction. - ANSWER >>>>Trend Management _____ Management mitigates disputes before they become bigger problems. - ANSWER >>>>Trend An advantage of Trend Management is that it provides _____- _____ - ANSWER >>>>cross-checks What are the 4 Trend Management tools? - ANSWER >>>>1. Notice 2. Estimate 3. Register 4. Log Any changes to the Owner's project criteria, even if no cost or time is impacted, must be _____. - ANSWER >>>>documented _____ balances work and recognition. - ANSWER >>>>Teaming How can DB be expedited? - ANSWER >>>>with Incremental Design Packages Preliminary Architectural MEP Packages: Balance _____ - meetings during design phase are co-located. - ANSWER >>>>Time Final Architectural MEP Package: Balance _____ of _____ with activity on site. - ANSWER >>>>- completion - drawings DB can optimize _____ achievements by encouraging innovation. - ANSWER >>>>Sustainability Energy efficiency is commonly high valued by _____. - ANSWER >>>>Owners Guarantee of performance through warranty period improves _____. - ANSWER >>>>value The Owner and the Design-Builder should acknowledge the significant level of effort required to manage _____ and ____ of the design. - ANSWER >>>>- development - review _____ verifies that the design complies with performance requirements in the RFP. - ANSWER >>>>Substantiation All parties must be very clear about what constitutes "_____ _____" - ANSWER >>>>"Design Commitment" _____ _____ is the part of quality management focused on providing confidence that project quality requirements defined in the RFP will be fulfilled. - ANSWER >>>>Quality Assurance _____ _____ is the part of quality management focused on actually fulfilling the project quality requirements defined in the RFP. - ANSWER >>>>Quality Control _____ _____ assures quality will be provided satisfactorily. - ANSWER >>>>Quality Assurance _____ _____: Controls quality of production, be it design or construction. - ANSWER >>>>Quality Control The _____ establishes and communicates QA & QC objectives. - ANSWER >>>>Owner The Design-Builder provides _____ _____ as the "eyes and ears" of the Owner. - ANSWER >>>>Quality Assurance Quality _____ is usually done by another design professional. - ANSWER >>>>Control Quality _____ can be more problematic and many times never really addressed. - ANSWER >>>>Assurance Who is responsible for both QA and QC? - ANSWER >>>>The Design-Builder The project team should focus on the design management and commissioning/turnover processes and ensure that there is _____ among the team as to how to _____ these processes. - ANSWER >>>>- alignment - execute _____ ______ is the completion of the contract and related validation for Owner's acceptance of the work. - ANSWER >>>>Project Closeout ______ _____ is when the owner may use or occupy the project or designated portion thereof for the intended purpose. - ANSWER >>>>Substantial Completion - 18 Contracts used on DB projects should be _____, _____, and _____ and should promote the _____ aspects inherent in the DB process. - ANSWER >>>>- fair - balanced - clear - collaborative The contract between the _____ and the ______ _____ should address the _____ aspects of the DB process, including expected standards of care for design services. - ANSWER >>>>- Owner - Design-Builder - unique The contracts between the _____ _____ and _____ _____ should address the _____ aspects of the DB process. - ANSWER >>>>- Design-Builder - Team Members - unique Design-Build Done Right is the _____ of every DBIA certification course! - ANSWER >>>>core What are the 4 types of law? - ANSWER >>>>1. Contract Law 2. Tort Law 3. Statutes and regulations 4. Common Law _____ Law is based on the use of precedent. - ANSWER >>>>Common Arbitration and mediation results don't provide direct _____. - ANSWER >>>>precedent _____: a party offers to contract with one another. - ANSWER >>>>Offer _____: a party accepts the other party's offer. - ANSWER >>>>Acceptance _____: value exchanged for performance. - ANSWER >>>>Consideration _____: the party making the contract must be legally able to do so - ANSWER >>>>Capacity _____: the individual forming the contract must have authority to do so - ANSWER >>>>Authority What are the 5 requirements for a valid contract? - ANSWER >>>>1. Offer 2. Acceptance 3. Consideration 4. Capacity 5. Authority Offers must demonstrate an expression of _____ to contract on certain terms. - ANSWER >>>>willingness The response to an RFP is an example of a(n) _____. - ANSWER >>>>Offer What 2 things can nullify an offer? - ANSWER >>>>1. Varying/additional terms 2. Counteroffers Oral contracts can be valid. True or False? - ANSWER >>>>True Oral contracts can be valid on what 2 requirements? - ANSWER >>>>1. Material terms of contract are clearly established. 2. Parties demonstrate intention to be bound by those material terms _____ ______ contracting rule makes it very difficult to create an Oral contract. - ANSWER >>>>Public Sector _____ _____ _____ mandates that certain types of contracts be written. - ANSWER >>>>Statute of Frauds What is an example of a contract that the Statute of Frauds mandates to be written? - ANSWER >>>>contracts that are impossible to complete within one year "Where a contract does not fix a definite price, there must be a definite method for _____ it." - ANSWER >>>>ascertaining What case is this? - NAVFAC project. - Party's $5.2 million price used by other party in bid, but the project is awarded to other. - Waivers of consequential damages. These are all examples of Contractual _____. - ANSWER >>>>Limitations ______ Damages: Arise from the consequences of a breach. - ANSWER >>>>Consequential _____ Damages create substantial financial exposure if something goes wrong. - ANSWER >>>>Consequential Consequential Damages demonstrates the importance of Contractual ______. - ANSWER >>>>Waivers Consequential Damages are distinct from "_____" Damages. - ANSWER >>>>Direct Direct Damages or Consequential Damages? "Lost Profit on the project" - ANSWER >>>>Direct Damages Direct Damages or Consequential Damages? "Cost or repair the damage to the project." - ANSWER >>>>Direct Damages Direct Damages or Consequential Damages? "Rental of temporary generator to meet power needs on project" - ANSWER >>>>Direct Damages Direct Damages or Consequential Damages? "Lost profits on other projects" - ANSWER >>>>Consequential Damages Direct Damages or Consequential Damages? "Loss of rental income from tenants." - ANSWER >>>>Consequential Damages Direct Damages or Consequential Damages? "Damages to customers." - ANSWER >>>>Consequential Damages Direct Damages or Consequential Damages? "Rental of temporary generator to provide power for the Owner to meet its customer's needs." - ANSWER >>>>Consequential Damages _____ Application: Owner needs to pay once for items negligently omitted. - ANSWER >>>>Practical Limitations of liability can impact recovery. True or False? - ANSWER >>>>True Even if professional negligence is proven, damages recoverable are impacted by the _____ _____. - ANSWER >>>>Betterment Theory Ordinary _____ _____ _____: Exercise of that skill and judgement which can reasonably be expected from similarly situated professionals. - ANSWER >>>>Standard of Care Expert testimony is needed to prove the Standard of Care "_____" - ANSWER >>>>baseline What are 2 examples of privity of contract needed to sue a party for economic losses? - ANSWER >>>>1. delay damages 2. Cost to correct defects Application is determined on a state-by-state basis (not valid in all states) True or False? - ANSWER >>>>True The Economic Loss Doctrine is applicable to personal injury. True or False. - ANSWER >>>>False The _____ has a professional standard of care. - ANSWER >>>>Designer The _____ has the duty to build what is in the plans and specs. - ANSWER >>>>Builder The _____ assumes risk of non-negligent design defects when it has separate contracts with the builder and designer. - ANSWER >>>>Owner _____ _____: Provides the following implied warranties-- Plans and specs furnished are accurate and are suitable for intended purpose. - ANSWER >>>>Spearin Doctrine _____ _____ _____: what the parties do during the performance of other similar contracts. a.) Course of Performance b.) Course of Conduct c.) Terms of Art - ANSWER >>>>b.) Course of Conduct _____ _____ _____: the use of a word in a specific industry. a.) Course of Performance b.) Course of Conduct c.) Terms of Art - ANSWER >>>>c.) Terms of Art - Failing to manage multiple prime contractors. - Overzealous inspections. - Using undue leverage in a negotiation position. These are examples of breaches of _____ _____. - ANSWER >>>>Implied Duties _____ _____ risk is one of the major risks on projects. - ANSWER >>>>Site Condition Full knowledge of all site conditions is never known. True or False? - ANSWER >>>>True Owners generally bear this risk of unforeseen site conditions through a(n) _____ ______ _____ clause. - ANSWER >>>>Differing Site Conditions _____ _____ _____: Subsurface or physical conditions at the site that differ materially from those indicated in the CD - ANSWER >>>>Differing Site Conditions _____ _____ _____: Unknown physical conditions at the site, of an unusual nature that differ materially from those ordinarily encountered and generally recognized as inhering in the work of the character provided for in the contract. - ANSWER >>>>Differing Site Conditions _____ clauses frequently get in the way of efficient implementation of the DSC remedy. - ANSWER >>>>Exculpatory Element of Constructive Acceleration: Contractor is entitled to a(n) _____ delay. - ANSWER >>>>excusable Element of Constructive Acceleration: Contractor gives Owner _____ _____ of the delay and a proper request for a time extension. - ANSWER >>>>timely notice Element of Constructive Acceleration: Time extension _____ or _____. - ANSWER >>>>- postponed - refused Element of Constructive Acceleration: Order by _____ that the project be completed within its original performance period. - ANSWER >>>>Owner Element of Constructive Acceleration: _____ actually accelerates its performance, thereby incurring excess costs. - ANSWER >>>>Contractor _____ clauses often used to deal with the liability ramifications. - ANSWER >>>>Indemnity Issue with _____ _____ and partnerships: Claimant can pursue each party for _____% of the liability for acts of the joint venture, regardless of which party created the problem. - ANSWER >>>>- Joint Venture - 100% Issue with Joint Venture: Responsibility of _____ to sort out the respective proportions of liability. - ANSWER >>>>defendants In DB, the _____ is removed from the design and construction interface. - ANSWER >>>>Owner In DB, the _____ and _____ are in a direct contractual relationship. - ANSWER >>>>- Contractor - Designer The design-builder and its designer(s) should develop a(n) _____, at the outset of their relationship, of the key _____ aspects of their relationship. - ANSWER >>>>- understanding - commercial DBIA Document _____: Standard form of Teaming Agreement between Design-builder and Teaming Party. - ANSWER >>>>580 _____-_____: Prime contracting party with Owner. - ANSWER >>>>Design-Builder _____ _____: Any party entering into a lower tier or subcontracting agreement with Design- Builder. - ANSWER >>>>Teaming Party _____ Agreement: The subcontractor that the parties will enter into if Design-Builder wins the procurement. - ANSWER >>>>Subsequent ______ for Teaming Agreement: every party must ensure that they have the requisite qualifications and personnel to perform the Work. - ANSWER >>>>Qualifications _____ for Teaming Agreement: parties must have the insurance required for the Subsequent Agreement in place. - ANSWER >>>>Insurance _____ _____ _____: defines who is responsible for what portion of the deliverables for the RFQ/RFP. - ANSWER >>>>Matrix of Responsibilities Compensation for subsequent agreements can be any form of compensation including fixed sum, cost plus, hourly rates, etc. True or False? - ANSWER >>>>True What case is this? - Failure of sign structures to meet contract requirements. - deals with teaming agreement problem. - ANSWER >>>>URS Corporation V. Transpo (2015) The key concern with proprietary meetings is how to run the meetings ensuring _____. - ANSWER >>>>fairness _____ Meetings are recognized as a way for both parties to benefit from the DB process. - ANSWER >>>>Proprietary _____ _____ _____: Modifies a mandatory RFP requirement. - ANSWER >>>>Alternative Technical Concepts Agencies have great discretion in running their _____. - ANSWER >>>>procurements If there is nothing that confers rights on the Owner to use the work product, the Owner's use can be a(n) _____ violation. - ANSWER >>>>copyright Contracts used on DB projects should be _____, balanced and clear and should promote the _____ aspects inherent in the DB Process. - ANSWER >>>>- fair - collaborative Contracting parties should proactively and cooperatively identify significant project-specific _____ and clearly identify in the contract how such _____ will be handled. - ANSWER >>>>- risks - risks Contracts should reasonably allocate _____ to the party that is best capable of addressing and mitigating the _____. - ANSWER >>>>- risks - risk contractors want benefits of balanced contacts _____, but use of the "hammer" to shift substantial risk _____. - ANSWER >>>>- upstream - downstream Designers are by their nature _____ averse. - ANSWER >>>>risk Contracts should use language that is _____ to those personnel who are administering the project. - ANSWER >>>>understandable _____ _____ contracts satisfy many of the goals behind DB best practices. - ANSWER >>>>Standard Form What are the 4 current US Standard Form DB Contracts? - ANSWER >>>>1. DBIA 2. Consensus Docs 3. AIA 4. EJCDC In the PBD Process, Phase 2 is initiated up acceptance of the _____ _____. - ANSWER >>>>commercial proposal The "Appropriate" level of definition for Phase 2 in PDB is often ___% - ___% design completion. - ANSWER >>>>40% - 60% What are the 2 contract approaches in PDB? - ANSWER >>>>1. Single contract approach 2. Two-contract approach Deciding what happens if the relationship ends and the "off- ramp" is exercised is the most important issue in _____ contracts. - ANSWER >>>>PDB What case is this? - Design-Builder terminated for default when it could not obtain a bond. - Owner claims rebid and delay cost. - Used PDB two-contract approach. - ANSWER >>>>Wallkill Medical V. Sweet Constructors (2008) _____ _____ _____ Documents set forth the documents that, if changed, would allow for a change order. - ANSWER >>>>Basis of Design Injunction and Infringement action are two remedies for _____ _____ rights. - ANSWER >>>>Intellectual Property What case is this? - Owner terminates Architect - New Architect uses original work product - Owner and follow-on architect liable for copyright infringement. - ANSWER >>>>Johnson V. Jones (1996) Work Product is property of the _____ _____. - ANSWER >>>>Design-Builder Contracts should contain a _____ process that facilitates and expedites the review and resolution of potential changes to the contract and adjustments in the contract price and time. - ANSWER >>>>fair DB process does not preclude changes True or False? - ANSWER >>>>True an Implementing technique for Execution recommends the Design-Builder and its team to establish and maintain a _____ system. - ANSWER >>>>trend Disincentives are enforceable only if they meet _____ damage prerequisites. - ANSWER >>>>Liquidated Legal sufficiency for Liquidated Damages: must be a reasonable measure of damages in light of circumstances after the time of the contracting True or False? - ANSWER >>>>False AT the time of the contracting ______: The act of accepting claims on behalf of another entity. - ANSWER >>>>Indemnification The contract should reflect that Designer-of-Record is regularly and actively involved throughout the project's _____. - ANSWER >>>>execution What are the 2 methods in which trade subcontractors be procured? - ANSWER >>>>1. Best Value 2. Low Bid Who obtains professional liability insurance? - ANSWER >>>>A/E _____ Liability Insurance is also known as Errors and Omissions Insurance. - ANSWER >>>>Professional Builder's Risk Insurance can be obtained by which two parties? - ANSWER >>>>Owner or Design-Builder _____ _____ Insurance: First-party coverage against physical damage to project during construction. - ANSWER >>>>Builder's Risk _____ _____ Insurance: Risk of liability to Owner from employee injuries caused by occupational diseases. - ANSWER >>>>Employer's Liability