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Porter's Class > Porter's Flashcards 2012 > Flashcards

Porter's Flashcards 2012

1
Q

Bidding documents are considered contract documents.

True or False

A

False

Procurement requirements are addressed to prospective bidders or proposers interested in the project. Although not necessarily part of a contract, the procurement requirements are usually bound with other written construction documents into a project manual.

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2
Q

Codes governing commercial construction and residential construction are different.

True or False

A

True

Commercial building codes and residential codes are not the same.

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3
Q

The A/E usually hires a construction manager.

True or False

A

False

The owner usually engages the services of a construction manager, an entity that typically contracts with the owner to provide construction management services.

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4
Q

The owner, contractor, and A/E are parties to the construction agreements.

True or False

A

False

The tripartite relationship is among the owner, contractor, and A/E. This relationship is created by obligations to third parties to the contract. For example, the owner-A/E agreement may require certain duties of the A/E acting on behalf of the owner. The contractor has a right to rely on the proper performance of these duties. The A/E, similarly, relies on the contractor to perform certain duties identified in the owner-contractor agreement, even though the A/E is not a party to that contract. The A/E relationship to the contractor in the owner-contractor agreement is a third-party relationship. These third-party relationships create the third side of the triangle in the construction process.

A construction agreement might be executed with a contractor, a construction manager as a contractor, or a design-builder.

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5
Q

There are no differences between the AIA and EJCDC general conditions.

True or False

A

False

While similar, the AIA and EJCDC have some differences. For example, the AIA documents do not have a specific time frame for substitutions. The EJCDC documents permit substitutions within a limited time frame of executing the agreement. Each document deals with these concerns in a similar manner but with language determined to be in accord with the needs of each organization. In general, the DBIA general conditions provide fewer details and requirements than do the EJCDC and AIA documents because the designer and the builder are acting as a single entity.

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6
Q

The drawings take precedence over the specifications.

True or False

A

False

The drawings and specification are complementary documents in the AIA and EJCDC general conditions.

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7
Q

The role of a subcontractor is the same as a material supplier.

True or False

A

False

A subcontractor generally provides labor at the site. A material supplier furnishes the materials for others to install.

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8
Q

The supplementary conditions should be coordinated with the owner/contractor agreement.

True or False

A

True

The construction agreement is based on provisions of the conditions of the contract (general and supplementary), which becomes part of the contract. The agreement defines relationships and obligations between the signers and incorporates, by reference, all of the other documents that make up the contract documents: contracting forms; project forms; conditions of the contract (general and supplementary conditions); specifications; contract drawings; and revisions (addenda), clarifications, and modifications. The clauses and provisions of the general conditions for a construction contract are generally fixed and usually require only supplements to be adapted to a specific project. The agreement contains contractual elements that are subject to variation in each contract.

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9
Q

Preliminary Project Descriptions are legal and binding construction documents.

True or False

A

False

Preliminary project descriptions and outline specifications are informational documents issued to the project team prior to construction documents.

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10
Q

The contractor and the A/E review submittals for the same reasons and from the same point of view point.

True or False

A

False

The contractor reviews submittals for constructability and compliance to the contract documents. The A/E reviews submittals for compliance with design intent and to the contact documents. Each reviews submittals based on their agreements (A/E from the design point of view; contractor from the constructability point of view.) Submittals are reviewed and approved by the contractor to ensure contract requirements have been met, to check dimensions, and to coordinate with subcontractors. The A/E’s review is limited to determining whether the submittal is consistent with the design intent and the contract documents.

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11
Q

Division 01 sections expand and cross reference the conditions of the contract in all cases.

True or False

A

True

Division 01 sections expand on certain of the administrative and procedural provisions in the conditions of the contract and apply broadly to the execution of the work of all the other sections of the specifications.

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12
Q

Repetition of information on both drawings and specifications is a good way to emphasize its importance.

True or False

A

False

Another important principle governing the production of construction documents is that each document, written or graphic, has a specific purpose and should be used for that purpose. Each requirement should be stated only once and in the correct location

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13
Q

Performance bonds as part of construction submittals are part of the procurement requirements.

True or False

A

False

Typically, procurement requirements include the following documents: solicitation; instructions for procurement; available information, including resource drawings; procurement forms and supplements; addenda (as applicable to procurement).

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14
Q

The invitation to bid is designed to attract qualified bidders.

True or False

A

True

The invitation to bid is intended to attract qualified bidders and to help prospective bidders decide whether to obtain the procurement documents.

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15
Q

The volume containing the specifications, conditions of the contract, information to bidders, instructions to bidders, and the bid form is called:

A. Spec book.

B. Table leveler.

C. Project manual.

D. Door stop.

E. None of the above.

F. All of the above.

A

C. Project manual.

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16
Q

The documents developed to attract and assist qualified bidders in properly submitting bids are called contract documents.

True or False

A

False

Procurement requirements instruct the bidders or proposers about the established procedures or preparing and submitting their bids or proposals.

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17
Q

The Agreement:

A. Defines the relationship of the owner, A/E, and contractor.

B. Is the one instrument of the contract documents that binds the signing parties to the work.

C. Constitutes the legal portion of the specifications.

D. None of the above.

E. All of the above.

A

B. Is the one instrument of the contract documents that binds the signing parties to the work.

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18
Q

An alternate:

A. Is the same as an option in the specifications.

B. Is used for the same purpose as unit prices.

C. Should be described in Division 01 and specified in the appropriate specification sections.

D. Should be described in detail on the bid form.

E. None of the above.

A

C. Should be described in Division 01 and specified in the appropriate specification sections.

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19
Q

Contract Documents consist of:

A. Agreement between owner and contractor, conditions of the contract, drawings, and specifications, addenda and modifications, other documents listed in the agreement.

B. Agreement between owner and contractor, conditions of the contract, drawings and specifications, project manual, shop drawings.

C. Agreement between owner and contractor, conditions of the contract, drawings and specifications, instructions to bidders, bid form, addenda, modifications, other documents listed in the agreement.

A

A. Agreement between owner and contractor, conditions of the contract, drawings, and specifications, addenda and modifications, other documents listed in the agreement.

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20
Q

Contract documents include:

A. Written portions of the contract only.

B. Graphic portions of the contract only.

C. Both written and graphic portions of the contract.

D. Agreement and general and supplementary conditions.

A

C. Both written and graphic portions of the contract.

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21
Q

Addenda are used to:

A. Modify the procurement documents before award of the contract.

B. Modify the contract documents after award of the contract.

C. Modify drawings and specifications only.

D. Formalize verbal instruction given on the job.

A

A. Modify the procurement documents before award of the contract.

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22
Q

The agreement is part of the:

A. Bidding requirements.

B. General conditions.

C. Specifications.

D. Contract forms.

A

D. Contract forms.

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23
Q

Division 01 should be used to:

A. Provide a location for general and supplementary conditions.

B. Provide a means to modify standard sections of the specifications.

C. Provide a logical arrangement for specifying administrative, procedural, and temporary facilities.

D. Provide a location for specifying special construction and materials the bidders might overlook.

A

C. Provide a logical arrangement for specifying administrative, procedural, and temporary facilities.

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24
Q

Division 01 sections relate to:

A. Bidding requirements, the agreement, general and supplementary conditions, and specifications.

B. Bidding requirements, the agreement, general and supplementary conditions, the specifications, and the drawings.

C. The agreement, general and supplementary conditions, and specification only.

D. The agreement, general conditions, specifications, and drawings.

A

B. Bidding requirements, the agreement, general and supplementary conditions, the specifications, and the drawings.

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25
Q

Division 01 sections should coordinate with bidding requirements, the agreement, general and supplementary conditions, specifications, and drawings.

True or False

A

True

Particular attention should be given to coordinating Division 01 sections with the conditions of the contract. The level of specification detail should complement the level of drawing detail. Early coordination with sufficient time devoted to the task will help achieve design intent and promote elimination of problems during the construction stage. (5.6.2.5) Specification sections are subject to the administrative and procedural requirements of the conditions of the contract and of Division 01.

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26
Q

Administrative and procedural requirements and temporary facilities are specified in:

A. General conditions.

B. Supplementary conditions.

C. Division 01.

D. Bidding requirements.

A

C. Division 01.

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27
Q

Division 01 administrative, procedural matters, and temporary facilities are cost items, the same as products and work in the technical specifications

True or False

A

True

Division 01 administrative and procedural requirements and temporary facilities and controls involve both direct and indirect costs. Over-specifying in Division 01 may increase construction costs unnecessarily and may create excessive obligations for the entity administering the construction contract.

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28
Q

All of the following are true about the use of standardized general conditions, such as the AIA A201 and EJCDC C-700, except:

A. A/Es and contractors involved generally are familiar with the contents.

B. Having been reviewed initially by legal counsel, an attorney need not be consulted for the project.

C. The language has stood the test on time.

D. They establish a baseline from which exception, modifications, and additions can be identified and evaluated. project.

A

B. Having been reviewed initially by legal counsel, an attorney need not be consulted for the project.

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29
Q

If a contractor recognizes or has knowledge of errors, inconsistencies, or omissions in the contract documents, the contractor is responsible for reporting those errors, omissions, or inconsistencies to the A/E and may be held liable if he does not.

True or False

A

True

Typically, the conditions of the contract require the contractor to report errors, inconsistencies, or omissions to the A/E.

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30
Q

Shop drawings, product data, and samples are considered part of the contract documents and are legal documents.

True or False

A

False

During the construction of a project, the contractor is usually required by the contract documents to submit product data, shop drawings, and samples to the A/E for review. These submittals are typically not contract documents and are not to be used by the contractor or the A/E to modify the contract.

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31
Q

Which of the following is not normally found in an agreement:

A. Contract time.

B. Contract sum.

C. Reference to contract documents.

D. Submittal requirements

A

D. Submittal requirements

32
Q

Procurement Documents include:

A. Procurement requirements, which include solicitation, instructions for procurement, available information, procurement forms and supplements.

B. Contracting requirements, which include the agreement, performance bond, payment bond, and certificates.

C. Conditions of the contract, which include the general and supplementary conditions.

D. Specifications.

E. All of the above.

A

E. All of the above.

33
Q

What is the relationship between the owner, A/E, and contractor in a in a design-bid-build project?

A
  1. The owner has a legal agreement with the A/E for design services.
  2. The owner has a legal agreement with the contractor to construct the work described in the contract documents.
  3. The A/E and the contractor have no binding relationship, but are required under their respective agreements to work together in fulfilling their responsibilities.
34
Q

Summarize the difference between design-build and construction management.

A

Design-Build: The owner develops a program and the owner has one contract with a single entity to design and construct the project.

Construction Management: The CM is a 3rd party, who is the owner’s agent to oversee design and construction process, either as an independent advisor (CMa) or as a contractor (CMc) who guarantees the cost of the project to the owner. The owner also may maintain a separate agreement with an A/E and also with single or multiple prime contractors.

35
Q

Construction by separate contractors provides:

A. Similar General Conditions are used for the separate contract;

B. Additional expense and time may be due the Contractor;

C. Proper and safe access to the site for separate contractors;

D. All of the above.

A

D. All of the above.

36
Q

The Contractor shall maintain record documents at the site for the Owner.

True or False

A

True

Record documents are kept in the field office and are used to record actual construction. The contractor is required by both AIA and EJCDC standard general conditions to maintain record documents. (7.9.2.6) The contractor is responsible for maintaining record documents at the project site.

37
Q

Tests required by laws and regulations shall be arranged and paid by the:

A. Owner.

B. Contractor.

C. Public authority requiring the test.

D. Subcontractor, when it is the Subcontractor’s work being tested.

A

B. Contractor.

38
Q

The Contractor is required to have a program to protect:

A. Workmen.

B. Material stored away from the site.

C. Materials stored at the site.

D. All of the above.

A

D. All of the above

39
Q

The Contractor’s duties with regard to job safety includes designating a responsible individual whose duties at the site include accident prevention.

True or False

A

True

The contractor typically has a project manager on staff to handle contractor project management responsibilities. These responsibilities may include: Preparing and implementing safety programs. (7.1.6) A contractor’s project manager should: Have a working knowledge of applicable safety regulations and understand the importance of maintaining the contractor’s safety program.

40
Q

The A/E will:

A. Endeavor to guard the Owner against defects and deficiencies in the Work.

B. Be responsible for safety precautions and programs in connection with the Work.

C. Be responsible for the Contractor’s failure to carry out the Work in accordance with the Contract Documents.

A

A. Endeavor to guard the Owner against defects and deficiencies in the Work.

41
Q

The Contractor shall not be required to contract with any one to whom he has made reasonable objection.

True or False

A

True

Items must be furnished by persons designated by the owner; however, the contractor may refuse to contract with them if the contractor provides a reasonable objection. (7.3.4.4) The standard AIA and EJCDC general conditions state that the contractor will not be forced to use subcontractors to which the contractor has an objection.

42
Q

The Contractor shall not contract with nor be required to contract with any Subcontractor against whom reasonable objection has been made by:

A. Owner

B. A/E

C. Contractor

D. All of the above

A

D. All of the above.

43
Q

The A/E’s approval of Shop Drawings is for conformance with _______________

A

The information given and design concept.

44
Q

In the event the A/E fails to approve a Shop Drawing covering a major portion of the Work in sufficient time, the Contractor shall:

Proceed with the installation in accordance with the Contract Documents.

A. Write the Owner protesting the delay.

B. Write the A/E requesting promptness in reviewing Shop Drawings.

C. Stop the Work on the project until the A/E acts on the Shop Drawings.

D. None of the above.

A

C. Write the A/E requesting promptness in reviewing Shop Drawings.

45
Q

The method for computing credits for change orders should be described in:

A. The instructions to bidders.

B. The agreement.

C. The general and supplementary conditions.

D. The invitation to bid.

A

C. The general and supplementary conditions.

46
Q

The owner must sign:

A. Supplemental instructions.

B. Change orders.

C. Addenda.

D. Proposal requests.

A

B. Change orders.

47
Q

If the owner accepts defective work, a change order may be issued to reflect an appropriate adjustment in the contract sum.

True or False

A

True

Work not conforming to the contract documents may be considered defective or nonconforming. The owner, however, has certain rights and remedies with respect to defective or nonconforming work and may elect to accept such work along with an adjustment in the contract sum. (7.6.9.1) In some instances, the owner may choose to accept nonconforming or defective work. When the owner chooses to exercise this right, the owner is usually entitled to an appropriate decrease in the contract amount.

48
Q

Claims alleging an error or omission by the A/E should initially be referred for action to the:

A. Owner

B. A/E’s error and omissions insurer

C. A/E

D. Arbitrator

A

C. A/E

49
Q

The owner may order additions or deletion in the work without invalidating the contract.

True or False

A

True

With a construction change directive, the owner may, without invalidating the contract, order changes in the work within the general scope of the contract consisting of additions, deletions, or other revisions, the contract sum or contract time being adjusted accordingly.

50
Q

The contractor is not obligated to execute a change in the work authorized by the owner until an agreement on an adjustment of the contract sum has been reached.

True or False

A

False

A construction change directive is a means of ordering changes in the work when the owner and contractor have not agreed upon the proposed changes in contract sum or time. Upon receipt of a construction change directive, the contractor is required to perform the changes and advise the owner and architect of agreement or disagreement with the proposed method for adjusting contract sum or time.

51
Q

Under SectionFormat, the Parts are entitled:

A. General, Materials, Installation.

B. Scope, Products, Execution.

C. General, Products, Execution.

D. Scope, Materials, and Installation.

E. General, Materials, and Workmanship.

A

C. General, Products, Execution

52
Q

Under SectionFormat, schedules such as painting or hardware belong in:

A. Part 1.

B. Part 2.

C. Part 3.

D. Division 01.

E. On the drawings.

A

C. Part 3.

53
Q

In specification writing, the indicative mood causes unnecessary wordiness and monotony.

True or False

A

True

The indicative mood, passive voice requires the use of shall in nearly every statement. This sentence structure can cause unnecessary wordiness and monotony.

54
Q

The A/E observes construction:

A. Once a week.

B. To guard the owner against defects and deficiencies.

C. To take tests and samples of the work.

D. To supervise work of the contractor.

A

B. To guard the owner against defects and deficiencies

55
Q

The contractor is not required to:

A. Pay taxes associated with the work.

B. Prepare and monitor construction progress schedules.

C. Pay assessments determined by authorities having jurisdiction.

D. Pay royalties and license fees

A

C. Pay assessments determined by authorities having jurisdiction.

56
Q

Which method of specifying should be used to specify the end results to be achieved rather than the means for achieving the desired results?

A. Descriptive.

B. Performance.

C. Proprietary.

D. Reference standard.

A

B. Performance.

57
Q

Which of the following are best designated on the drawings (Choose all that apply):

A. Specific requirements.

B. Location.

C. Quality of materials.

D. Dimension and size.

E. Shape and form.

A

(B) Location (D) Dimension and size. (E) Shape and form.

58
Q

Which of the following are best designated in the specifications (Choose all that apply):

A. Specific requirements.

B. Location.

C. Quality of materials.

D. Dimension and size.

E. Shape and form.

A

(A) Specific requirements (C) Quality of materials

59
Q

Quality control activities occur before or while accomplishing the work or service.

True or False

A

False

To further verify compliance with the requirements, the product may be tested by a qualified testing and inspection agency after it is fabricated or installed, and the results are reported to the owner or A/E. This is known as quality control testing. Quality control (QC) refers to the procedures for evaluating completed activities and elements of the design for conformance with the requirements.

60
Q

Quality assurance activities occur before or while accomplishing the work or service.

True or False

A

True

Quality assurance (QA) refers to the procedures for guarding against defects and deficiencies before and during the execution of the work. During design, QA may include procedures such as obtaining data indicating performance, properties, and other attributes, which meet the requirements. This may include lists of certified products.

61
Q

Marked up or corrected contract drawings that indicate changes incorporated into the work during construction are called:

A. As built drawings.

B. Record drawings.

C. Shop drawings.

D. Contractor certified drawings.

E. Addendum drawings.

A

B. Record drawings.

62
Q

A particular material may be indicated several times on the drawings but is specified in how many locations:

A. One.

B. Two.

C. According to the number of trades involved.

D. As determined by Division 01.

A

A. One.

63
Q

To avoid confusion, who should take responsibility for enforcing consistent terminology:

A. Owner.

B. Specifier.

C. Product rep.

D. Contractor.

A

B. Specifier

64
Q

Resource drawings serve what purpose:

A. Show existing work that is to be modified.

B. Show construction related to the work, but which is not indicated in the contract.

C. Provide the Owner with a set of documents that will facilitate operation.

A

B. Show construction related to the work, but which is not indicated in the contract.

65
Q

An Allowance is a set amount included in the base bid.

True or False

A

True

An allowance is a specified monetary sum, specified quantity or time not otherwise defined by the specifications and drawings, but which the contractor is required to include in the bid or price. The cash allowance is a monetary sum specified by the A/E and included in the price of the project to pay for products that are unspecified at the time of pricing.

66
Q

Unit Price: Amount determined by number of units at the agreed upon unit cost.

True or False

A

True

Unit price: A price can be stipulated or quoted by a bidder or proposer for a single, specified unit of work. Unit prices are useful where the type of work is defined, but the extent of the work is not known or is likely to change. Unit prices are also utilized when quantity allowances are specified, providing a means of adjusting the contract sum once the full extent of the work becomes known.

67
Q

Alternate: A defined portion of the work that is priced separately, which the contractor may choose to add to the project.

True or False

A

False

Alternate: A defined portion of the work that is priced separately and thus provides an option for the owner in determining the final scope of the project. The alternate provides the owner with a choice between different products or it can define the addition or deletion of a portion of the work.

68
Q

Section drawings are cut vertically through and perpendicular to project materials to:

A. Show watertight construction.

B. Show detailed arrangement.

C. Show which surfaces are to be finished.

A

B. Show detailed arrangement.

69
Q

Defective tile work has appeared on a bonded job before final payment. If the contractor, after having been properly notified in writing by the owner, fails to begin correcting the defective work within the time specified in the general conditions, the owner may:

A. Require the tile subcontractor to perform the work and bear the full cost including compensation for the A/E’s additional services, if any.

B. Correct deficiencies and issue an appropriate change order reflecting deduction for the cost of correcting the deficiencies, including compensation for the A/E’s additional services and expenses from payments then or thereafter due the contractor.

C. Require the surety to hire a tile contractor to correct the work and to pay the tile contractor’s bill plus compensation.

D. Require the A/E to supervise the hiring of a tile contractor and bill the surety.

A

B. Correct deficiencies and issue an appropriate change order reflecting deduction for the cost of correcting the deficiencies, including compensation for the A/E’s additional services and expenses from payments then or thereafter due the contractor.

70
Q

The contractor shall promptly correct defective work rejected by the A/E:

A. If observed before substantial completion.

B. If observed after substantial completion.

C. All of the above.

A

C. All of the above.

71
Q

Substitution procedures:

A. Are defined by law.

B. Are specified in Division 01.

C. Only allow requests during the procurement phase.

D. Provide for requests by telephone.

A

B. Are specified in Division 01.

72
Q

Substitutions may do all of the following except:

A. Limit competition.

B. Increase the specifier’s work load.

C. Be conducive to permitting products of lower quality.

A

A. Limit competition.

73
Q

If the contractor installs an item of work in accordance with the contract documents, knowing it is in violation of the governing building codes without first informing the A/E, he is responsible for the cost of the replacement.

True or False

A

True

The contractor is not required to ascertain that the contract documents comply with applicable regulations and code. If the rejected work conforms to the contract documents, the contractor may be entitled to a change order to correct the defective work. However, the contractor may be responsible for correcting, at no additional cost, work the contractor knew to be contrary to applicable regulations and codes.

74
Q

The warranty period begins:

A. Upon final payment.

B. On the date of substantial completion.

C. One year from occupancy of the project.

A

B. On the date of substantial completion.

75
Q

The contractor, during foundation excavations, uncovers a large telephone trunk line. The line is not located on the construction documents. The contractor should:

A. Continue footing excavation and call the telephone company.

B. Stop all work and call the site representative.

C. Notify the owner and continue with excavation in areas unaffected by the trunk line.

D. None of the above.

A

C. Notify the owner and continue with excavation in areas unaffected by the trunk line.

Porter's Class (19 decks)

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