Zoe 2019 (Oakland Mock) Flashcards
Contract forms and General Conditions are best provided by the:
A. Owner.
B. Architect/Engineer.
C. Building official.
D. Contractor.
- Contract forms and General Conditions are best provided by the:*
- A. Owner.*
- B. Architect/Engineer.*
- C. Building official.*
- D. Contractor.*
A. - PDPG Conditions of Contract, 12.3.1.2, (312), 12.3.3, (316), & 7.10.2, (127)
12.3.1.2 00 52 00 Agreement Forms
- 00 52 13 Agreement Form - Stipulated Sum (Single-Prime Contract)
- 00 52 16 Agreement Form - Stipulated Sum (Multiple-Prime Contract)
- 00 52 23 Agreement Form - Construction Management (Single-Prime Contract)
- 00 52 26 Agreement Form - Construction Management (Multiple-
- Prime Contract)
- 00 52 33 Agreement Form - Cost-Plus-Fee (Single-Prime Contract)
- 00 52 36 Agreement Form - Cost-Plus-Fee (Multiple-Prime Contract)
- 00 52 43 Agreement Form - Unit Price (Single-Prime Contract)
- 00 52 46 Agreement Form - Unit Price (Multiple-Prime Contract)
- 00 52 53 Agreement Form - Design/Build (Single-Prime Contract)
- 00 52 56 Agreement Form - Design/Build (Multiple-Prime Contract)
- 00 52 63 Agreement Form - Purchase Contract
The nature of an agreement, in general, has been previously discussed in Chapter 7. The essence of an agreement is the meeting of the minds of two parties about a specific scope of work in exchange for an amount of compensation, which is then put in written form. While an owner has a right to use whatever form of agreement desired, it is prudent to use standardized agreements.
Standardized agreement forms are listed in Section 7.10.
12.3.3 00 70 00 Conditions of the Contract
Conditions of the contract define basic rights, responsibilities, and relationships of the parties involved in the performance of the contract. These conditions are an inherent part of the owner-contractor agreement and are considered the general conditions of the agreement. Limited services or abbreviated agreements normally contain the general conditions within the agreement. However, the involvement of other participants (e.g., architect/engineer or construction manager) and the delegation of responsibilities to subcontractors lead to the relatively public nature of the conditions of the contract. The need for review by those not signatory to the agreement has led to the use of conditions of the contract separate from the agreement
Though not a signatory to the owner-contractor agreement, the architect/engineer commonly has duties and responsibilities described in the conditions of the contract and may assist in their preparation. Under AIA A201, architect/engineer duties and responsibilities under conditions of the contract generally include administration of the construction contract in the following ways:
- Acting as an owner’s representative for matters concerning the work.
- Visiting the construction site to become familiar with the work, confirming the work is in conformance with the contract documents, and evaluate progress.
- Validating the progress of the work to authorize progress payments.
- Preparing the following:
- Architect’s Supplemental Instructions or field orders.
- Construction change directives or work change directives.
- Change orders.
- Clarifying and interpreting the contract documents.
- Reviewing, approving, or taking other appropriate action on submittals such as shop drawings, mock-ups, and samples
- Rejecting defective work.
- Determining dates of substantial completion and final completion.
Conditions of the contract need to be closely coordinated with related documents such as the design and construction agreements and Division 01 - General Requirements. Changes in one document may necessitate changes in the other documents.
General and supplementary conditions are conditions of the contract and have legal consequences. The architect/engineer should not prepare general or supplementary conditions without explicit approval and guidance from the owner, the owner’s legal counsel, and the owner’s insurance adviser.
7.10.2 Standardized Agreements and Forms
Several professional associations have developed various standardized agreements and forms that are compatible with their respective general conditions and are tailored to specific types of project delivery and basis of compensation for design agreements and basis of payment for construction agreements.
This standardization of agreements and forms is desirable because it saves preparation time and offers reasonable assurance of a complete and accurate document. Through repeated use, standardized agreements and forms have become well understood by owners, architect/engineers, contractors, subcontractors, and suppliers and are less subject to misinterpretation. The agreements and forms to be used on a project should be reviewed carefully by the party’s legal counsel before modification and execution.
Standardized agreements and forms have a long history of legal precedence, have been interpreted and adjudicated by the legal profession and the courts, are under constant review, and are updated and reissued on a periodic basis. Because of this, modifications should be made with caution and not without review by an attorney.
Modifications to one document may require coordination with and modification to another. For example, modifications without proper coordination with the general conditions may create conflicts and problems within the contract documents.
With the assistance of the architect/engineer, the owner, in consultation with their legal counsel, should determine the appropriate contractual conditions and forms of agreements that should be used for a project. These general conditions and agreements should be coordinated and compatible with other project agreements to ensure that dudes, rights, and responsibilities are consistent among stakeholders and participants. These general conditions and agreements must be compatible for the architect/engineer and the contractor to ensure that liabilities and responsibilities are property assigned. In some types of project delivery methods, these responsibilities may be combined; however, the licensing requirements and liability issues need to be dearly delineated in the general conditions and agreements.
The proper conditions are significant issues to ensure proper execution of the work.
While either party has the right to use custom-drafted agreements for its projects, caution is advised because the project delivery of design and construction is a very complex process. Private projects tend to rely on standardized agreements and forms that have been developed, monitored, and maintained by professional associations. However, some corporations and public agencies have developed specific agreement forms that must be used on their projects. In today’s world, the use of standard agreements and forms, modified for the specific project, instead of using custom-drafted agreements is considered by many to be good professional practice.
Standardized agreements and forms provide many advantages for projects, including, but not limited to, the following:
- Language consistency and enforcement predictability.
- Legal preparation time, and therefore expense, is less than for custom-drafted documents.
- Reflect both industry practices and customs, or may be based on a consensus of those that use the forms.
- Risks and responsibilities are assigned to the party that is best able to control them or protect from unexpected costs.
- Developed with the understanding that they would be tailored by attorneys to fit the unique requirements of a specific project.
Users of any of the standardized agreements and forms should understand that each of the five professional associations have created standardized agreements and forms that are distinctly different and unique and are written from the standpoint of their respective professional association. While there are similarities in a document types, such as general conditions, there are also many differences. Also, users are discouraged from using a document from one professional association and another from a different professional association in combination for a single project.
Modifications to Contract Document are made during which phases of the project?
A. Planning and design.
B. Design and construction.
C. Design and bidding.
D. Bidding and construction.
- Modifications to Contract Document are made during which phases of the project?*
- A. Planning and design.*
- B. Design and construction.*
- C. Design and bidding.*
- D. Bidding and construction.*
D. - PDPG 13.4.2.8, (333) & 15.11.2, (403)
13.4.2.8 Addenda
Addenda are issued after the bidding period starts and before the bids or proposals are submitted to the owner. Examples of addenda modifications include, but are not limited to, the following:
- Provide answers to questions proposed by bidders.
- Documentation of new requirements.
- Make changes to the work.
- Correct errors or omissions in the procurement documents.
- Include additional qualified products or approved substitutions.
Administrative requirements for addenda, the method of issue, and other pertinent facts concerning addenda are included in the instructions to bidders. Also, addenda are acknowledged on the bid form. Addenda requirements applicable to the contract documents will be incorporated into the contract between the owner and contractor. An example of an addenda is shown in Figure 13.1.
15.11.2 Contract Modifications
As discussed above, changes to the contract documents are inevitable during construction. The method to formally document changes begins with determining which of the following classifications a change belongs to:
- Those that affect the contract time or contract cost.
- Those that do not affect the contract time or contract cost.
Well-prepared and coordinated general conditions, and the specifications in Division 01-General Requirements, details the methods under which changes to the contract documents can be formally made and documented. Several methods are provided to make contract document changes:
- Minor changes (that do not affect contract time or contract cost):
- Architect’s supplemental instructions (AIA).
- Owner’s written order (ConsensusDocs®).
- Minor variations in the work (CMAA).
- Minor change (DBIA).
- Field order (EJCDC).
- Written interpretation or clarification (EJCDC).
- Change directives (directs change to be made; contract time or contract time adjusted later in the form of a change order):
- Construction change directive (AIA).
- Interim directed change (ConsensusDocs®).
- Work change directive (DBIA).
- Work change directive (EJCDC).
- Change orders (directs change to be made with the stipulated contract sum and/or contract time adjustments).
Several additional considerations about contract modifications include, but are not limited to, the following:
- The architect/engineer should avoid relying on modifications to correct inadequately prepared drawings or specifications.
- A request for a contract modification can be initiated by the owner, the contractor, or the architect/engineer.
- Contract modifications are not required when a response to a request for information (RFI) does not require a change to the contract documents.
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The Procurement Requirements usually include:
A. Invitation to Bid, Instructions to Bidders, Information Available to Bidders, Bid Forms and Attachments, and Bid Security Forms.
B. Instructions to Bidders, Information Available to Bidders, Bid Forms and Attachments, and Bid Security Forms.
C. Instructions to Bidders, Information Available to Bidders, Bid Forms and Attachments, Bid Security Forms, Conditions of the Contract, Specifications, and Drawings.
D. All the documents necessary to bid the project.
- The Procurement Requirements usually include:*
- A. Invitation to Bid, Instructions to Bidders, Information Available to Bidders, Bid Forms and Attachments, and Bid Security Forms.*
- B. Instructions to Bidders, Information Available to Bidders, Bid Forms and Attachments, and Bid Security Forms.*
- C. Instructions to Bidders, Information Available to Bidders, Bid Forms and Attachments, Bid Security Forms, Conditions of the Contract, Specifications, and Drawings.*
- D. All the documents necessary to bid the project.*
A. - PDPG 12.2, (297 - 311)
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The document that guarantees the surety will either complete the Contract or provide sufficient funds to do so, if the contractor defaults, is called a:
A. Certificate of insurance.
B. Payment bond.
C. Performance bond.
D. Bid bond.
- The document that guarantees the surety will either complete the Contract or provide sufficient funds to do so, if the contractor defaults, is called a:*
- A. Certificate of insurance.*
- B. Payment bond.*
- C. Performance bond.*
- D. Bid bond.*
C. - PDPG 12.4.5, (320)
12.4.5 Performance Bond
A performance bond provides the most important protection for the owner by guaranteeing that if the contractor defaults, the surety will either complete the contract in accordance with its terms or provide sufficient funds, up to the penal amount of the bond, to fund such completion.
If there is a default and the owner makes a demand upon a surety to perform under the terms of the performance bond, the surety will investigate the owner’s claim against the contractor. This investigation will include examining both the owner’s and the contractor’s positions and making an independent analysis of the situation. Once the validity of the claim has been established, the surety has several options as to how it will fulfill the bond obligation that includes the following:
- If the contractor’s work is satisfactory and the problems are only financial, the surety may choose to finance the contractor to complete the project. Under this option, the surety provides funds to the contractor so that the contractor can pay subcontractors and suppliers, buy materials, make payroll, and take other steps necessary to complete the project.
- If the owner has terminated the contract, the surety can complete the project by taking over the work itself and hiring another contractor, or by arranging for a completion contractor to work directly for the owner.
- The surety may also leave it up to the owner to finish the project and pay the difference between the balance left in the original contract and the actual cost of completion.
Specifications are responsible for defining the:
A. Qualitative requirements for materials.
B. Level of workmanship required.
C. Administrative procedures and quantitative requirements for materials.
D. Administrative procedures, qualitative requirements for materials and level of workmanship required.
- Specifications are responsible for defining the:*
- A. Qualitative requirements for materials.*
- B. Level of workmanship required.*
- C. Administrative procedures and quantitative requirements for materials.*
- D. Administrative procedures, qualitative requirements for materials and level of workmanship required.*
D. - PDPG 11.3.2, (252); 11.3.5.4, (255) & 11.3.5.6, (257)
11.3.2 Nature of Specifying
A simple definition of the word specify is to describe or define an object, idea, or concept in such detail that it is easily understood by most people. It is not practical for construction drawing notes to include sufficient information to properly specify products and their installation. While construction drawings show products, materials, and equipment quantitatively, specifications detail their qualitative requirements.
Whether specifying buildings, civil structures, or bridges, specifications should describe each product, material, or piece of equipment in sufficient detail so each can be purchased, manufactured, or fabricated according to the contract requirements. It is not necessary for a specification to include every attribute, physical property, or characteristic of a product, only those that will facilitate its incorporation into the project.
11.3.5.4 Specifying Workmanship
Workmanship requirements have measurable properties and can be specified with a means to verify compliance. Workmanship can be controlled in several articles of a specification section. These articles specify qualifications, tolerances, and various other aspects of quality assurance and quality control. Workmanship can be divided into two main categories:
- Workmanship relating to the manufacturing and fabrication of products.
- Workmanship relating to the application, installation, or erection of products.
It is a combination of materials and workmanship that results in the final characteristics of the product. Workmanship requirements are specified to an appropriate level in accordance with the needs of the project. Project requirements should be specified without demanding conformance to unattainable standards or to standards exceeding those necessary for the requirements of the overall project.
- Workmanship requirements should be measurable. Avoid broad generalities such as “best possible workmanship.”
- Appropriate methods for achieving desired workmanship include:
- Referring to applicable standards and codes.
- Establishing qualifications of manufacturer, fabricator, and/or installer.
- Referring to workmanship requirements of trade associations.
- Requiring samples to establish an acceptable level of workmanship and a basis forjudging subsequent work.
- Specifying tolerances and performance or physical requirements.
- Establishing testing and inspection requirements.
- Mock-ups for critical design features or assemblies.
11.3.5.6 Specifying Quality Assurance and Quality Control
The agreed upon requirements, extent (scope), time (schedule), and cost (budget) establish the project quality. Specifications generally stipulate qualitative requirements and the drawings generally indicate quantitative requirements.
QUALITY ASSURANCE IN THE CONDITIONS OF THE CONTRACT. The basis for quality assurance (QA) is included in the conditions of the contract. Some assurances are based in the legalities of the contract. Most standardized general conditions published by professional associations include warranty provisions requiring the following:
- Contractor’s affirmation that materials and equipment will be new and of good quality, unless otherwise required or allowed.
- The Work will be free from defects not inherent in the quality required or allowed.
- The Work will conform to the requirements of the contract documents.
QUALITY CONTROL IN THE CONDITIONS OF THE CONTRACT. The quality control (QC) provisions in the conditions of the contract are to verify conformance with the contract requirements. For example, AIA A201™ include the following requirements of the contractor:
- To supervise the work using expertise, skill, and attention.
- To be solely responsible for controlling the means, methods, techniques, sequences, and procedures for construction and is therefore responsible for controlling the quality of the work.
Also, AIA A201™ include the following requirements of the architect:
- To visit the site to become generally familiar with the progress and quality of the completed work.
- Based on field observations, the architect reviews the contractor’s applications for payment and certifies payment of amounts due.
- To reject work that is defective or does not conform to the contract documents. This authority does not constitute control of the work, nor does this authority establish a responsibility for means, methods,
techniques, sequences, or procedures for construction. To require additional independent inspection and testing when necessary.
DIVISION 01-GENERAL REQUIREMENTS. The following are several Division 01 sections that often include provisions for quality assurance or establish quality controls over the work:
• Regulatory Requirements,
• Project Management and Coordination,
• Submittal Procedures,
• Quality Assurance,
• Quality Control,
• Substitution Procedures, and
• Commissioning.
SPECIFICATIONS. Divisions 02 through 49 are composed of individual sections, each addressing a distinct work results area. The issues and requirements concerning quality assurance and quality control specific to that section are addressed within the specification. The contract documents are so interrelated none of them can stand alone. An examination of Section Format™ will help clarify the interrelationships between the requirements of articles within individual sections in Divisions 02 through 49 and Division 01 specification sections. The requirements in Division 01 are dependent upon provisions in the conditions of the contract.
For example, the articles within a specification that specify various aspects of quality include the following:
PART 1 - GENERAL. Includes articles on administrative matters. The following articles that deal specifically with quality are:
• Administrative Requirements,
• Submittals, and
• Quality Assurance.
PART 2 - PRODUCTS. Includes articles related to the manufacture and fabrication of products. The following articles that deal specifically with quality are:
• Assembly or Fabrication Tolerances,
• Source Quality Control,
• Tests,
• Inspections, and
• Manufacturer Services.
PART 3 - EXECUTION. Covers work performed at the project site. The following articles that deal specifically with quality are:
• Tolerances,
• Field or Site Quality Control.
• Field or Site Tests.
• Field or Site Inspection.
• Manufacturer’s Services.
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The element of the construction documents that contains the Procurement Requirements, Contract, Forms, Contract Conditions, and Specifications is called the:
A. Procurement Documents
B. Contract Documents
C. Specifications Book
D. Project Manual
- The element of the construction documents that contains the Procurement Requirements, Contract, Forms, Contract Conditions, and Specifications is called the:*
- A. Procurement Documents*
- B. Contract Documents*
- C. Specifications Book*
- D. Project Manual*
D. - PDPG 11.3.5.1, (253)
11.3.5.1 Project Manual Concept
The documents commonly referred to as the specifications normally contains much more than that name implies. The procurement requirements, contracting forms, and conditions of the contract are usually included, but they are not specifications. In most cases, these are prepared by, or in coordination with, the owner and the owner’s legal counsel and insurance adviser. This information, along with the specifications, is, in fact, a collection of certain written construction documents and project requirements whose contents and functions are best implied by the title Project Manual. With different methods of construction procurement, some documents become unnecessary. For example, in the owner-build delivery method and with negotiated contracts, bidding requirements are not applicable.
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Which of the following is a purpose of GreenFormat:
A. Provide a uniform presentation of sustainability information.
B. Verify manufacturer’s sustainability claims.
C. Substantiate and verify sustainable content of materials.
D. “Green-wash” product information.
- Which of the following is a purpose of GreenFormat:*
- A. Provide a uniform presentation of sustainability information.*
- B. Verify manufacturer’s sustainability claims.*
- C. Substantiate and verify sustainable content of materials.*
- D. “Green-wash” product information.*
A. - GreenFormat web page
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In a standard single-prime construction contract project, the Owner has contractual relationships with the:
A. Contractor.
B. Contractor and subcontractors.
C. Contractor and Architect/Engineer.
D. Contractor, subcontractors, and suppliers.
- In a standard single-prime construction contract project, the Owner has contractual relationships with the:*
- A. Contractor.*
- B. Contractor and subcontractors.*
- C. Contractor and Architect/Engineer.*
- D. Contractor, subcontractors, and suppliers.*
C. - PDPG 4.4.1, (39)
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Which of the following would be found in a GreenFormat entry:
A. VOC content
B. Recycled material content
C. Product lifecycle assessment information
D. All of the above.
- Which of the following would be found in a GreenFormat entry:*
- A. VOC (Volatile Organic Compound) content*
- B. Recycled material content*
- C. Product lifecycle assessment information*
- D. All of the above.*
D. - GreenFormat web page
The contract method in which the Owner hires an agent to oversee design, evaluate bids, award contracts, and coordinate the work is called:
A. Construction Management as Contractor
B. Construction Manager as Advisor.
C. Design-Build.
D. Multiple-Contracting
- The contract method in which the Owner hires an agent to oversee design, evaluate bids, award contracts, and coordinate the work is called:*
- A. Construction Management as Contractor*
- B. Construction Manager as Advisor.*
- C. Design-Build.*
- D. Multiple-Contracting*
B. - PDPG 4.9.1 &4.9.2, (68 - 69)
4.9.1 Construction Manager as Agent
Construction Manager as Agent is management method, known as Construction Manager as Agent, abbreviated as CM-Agent, has the construction manager acting as the owner’s agent. An agency relationship is established by agreement and is when one party, in this case the owner, delegates the authority to act in the best interests of the owner to another party, the CM-Agent. This means that the CM-Agent can make and render binding decisions on behalf of the owner. The level of authority delegated to the CM-Agent is defined by the agreement with the owner.
In addition to acting as the owner’s agent, other characteristics of CM-Agent include, but are not limited, to the following:
- Does not enter into agreements with contractor, subcontractors, or suppliers; only with the owner
- Does not guarantee, and is not directly responsible for construction risks such as the following:
- Schedule delays
- Cost overruns
- Construction defects
- Is not at risk for the performance of the contractor
- Sufficient authority should be delegated so that the CM-Agent can make timely decisions and hold team members accountable for those decisions
- Provides project coordination, administration, and management
- Provides leadership
- Provides constructability reviews
- Coordinates, receives, and possibly negotiates trade bids and prepare them for review and execution by the owner
- Takes an active role in scheduling and project coordination meetings
- Provides financial oversight during construction, including monitoring payment requests and the overall construction budget
- Assists the owner with the review, evaluation, and documentation of claims
4.9.2 Construction Manager as Advisor
This management method, known as Construction Manager as Advisor, abbreviated as CM-Advisor, has the construction manager acting as the owner’s advisor. The CM-Advisor may not participate in the day-to-day project activities as the CM-Agent does, but may only advise the owner about project activities. While the CM-Advisor may offer the many of the same services offered by the CM-Agent, the CM-Advisor does not have the authority to act or make binding decisions on behalf of the owner. The CM-Advisor does not enter into any agreements except with the owner.
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The Contract Documents usually include the:
A. Instructions to Bidders, Bid Form, Agreement, General & Supplementary Conditions, Specifications, Drawings.
B. Bid Form, Agreement, General & Supplementary Conditions, Specifications, Drawings.
C. Agreement, General & Supplementary Conditions, Specifications, Drawings, Addenda.
D. Agreement, General & Supplementary Conditions, Specifications, Drawings.
- The Contract Documents usually include the:*
- A. Instructions to Bidders, Bid Form, Agreement, General & Supplementary Conditions, Specifications, Drawings.*
- B. Bid Form, Agreement, General & Supplementary Conditions, Specifications, Drawings.*
- C. Agreement, General & Supplementary Conditions, Specifications, Drawings, Addenda.*
- D. Agreement, General & Supplementary Conditions, Specifications, Drawings.*
C. - PDPG 14.3, (363)
14.3 Contract Documents
The owner-contractor agreement establishes the documents that are considered contract documents which are typically used in the construction of a project. Contract documents generally include the following:
- Owner-contractor agreement.
- General and supplementary .conditions.
- Specifications.
- Drawings.
- Bid form or proposal, when attached as an exhibit to the agreement (EJCDC; engineering projects generally have many unit prices).
- Precontract revisions, including post-bid addenda (AIA) with items relating to contract documents.
- Notice to proceed (as required by most EJCDC agreements, and as required by some public- and private-sector projects utilizing standard or modified AIA agreements).
- Contract modifications, including addenda before execution of the agreement change orders after execution of the agreement.
These documents are interrelated, and it is necessary that those responsible for construction contract administration and contractor project management have a working knowledge of each of the documents. While the agreements are not usually shared among the project participants, the rights, roles, and responsibilities of the participants are covered in the general conditions.
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The contract type most often associated with the term “turnkey” is called:
A. Construction Management.
B. Project Management.
C. Design-Build.
D. Owner-Builder.
- The contract type most often associated with the term “turnkey” is called:*
- A. Construction Management.*
- B. Project Management.*
- C. Design-Build.*
- D. Owner-Builder.*
C. - PDPG 4.6.2, (55)
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The simplest method of stating a project’s cost is by a:
A. Stipulated or Lump Sum.
B. Unit Price.
C. Cost-Plus-Fee.
D. Any of the above.
- The simplest method of stating a project’s cost is by a:*
- A. Stipulated or Lump Sum.*
- B. Unit Price.*
- C. Cost-Plus-Fee.*
- D. Any of the above.*
A. - PDPG 4.4.4.1, (43)
Lump Sum
The most common and simplest method of determining and stating the contract sum is the lump sum method, in which a single amount is quoted for all of the work. The contractor is paid the contract sum in one or more installments. With the lump sum method, the initial contract sum is determined during bidding, and may be required for budgetary reasons. Using this method, if the amount bid is within the budget, the project proceeds; if the amount bid is over budget, rebidding or other steps must be taken to either augment the budget or bring the bid amount within the budget. In competitive bidding and informal bidding, lump sums are quoted by the bidders; in negotiated contracting, a lump sum is negotiated between the owner and the contractor.
Cost-Plus-Fee
When the cost-plus-fee method is used to determine the contract sum, the contractor is reimbursed for the actual cost of labor and materials and is paid a fee for overhead and profit (the fee may be a percentage of the labor and materials costs or a fixed amount). With this method, the contract sum is not fully determined until the work is completed (the initial contract sum is the amount of the fixed fee or the percentage due to contractor which will be converted to a dollar amount after completion of the work). In some cases, the owner stipulates a guaranteed maximum sum that cannot be exceeded.
Unit Price
With some projects, the extent of work cannot be fully determined, or the actual quantities of required items cannot be accurately calculated in advance. In these cases, bidders are requested to submit bids based on unit prices.
Unit-price contracts subdivide the work or parts of the work into like items and state approximate quantities for each item. The bidders use these quantities in preparing their bids. A price per unit of measurement (unit price) is quoted for each item. Sums for the extended unit prices are not included in the initial contract sum. As the work is completed, actual quantities are measured, and the contractor is paid according to the contractor’s quoted unit prices. The owner pays only for the actual quantities of materials used.
Unit prices may or may not be used as a basis of award. Sometimes, unit prices are requested at bid time to add work to a project but are not used as a basis of award.
Which is usually NOT a factor in determining the length of the bidding period?
A. Time reasonably necessary for bidders to complete bids.
B. Time for settlement of questions and discrepancies.
C. Urgency dictated by the Owner’s requirements.
D. Time required for bidders to visit and examine the jobsite.
- Which is usually NOT a factor in determining the length of the bidding period?*
- A. Time reasonably necessary for bidders to complete bids.*
- B. Time for settlement of questions and discrepancies.*
- C. Urgency dictated by the Owner’s requirements.*
- D. Time required for bidders to visit and examine the jobsite.*
C. - PDPG 13.4.2.4, (332)
13.4.2.4 Establishing a Competitive Bidding Period
The extent (scope) of the project influences the length of time that is allowed for the preparation of bids or proposals. Although the length of the bidding period varies from project to project, all projects should allow sufficient time for bidders to:
- Study the procurement documents including available information.
- Attend a prebid meeting for an introduction to the project and existing conditions.
- Visit the site to verify existing conditions and correlate the information in the procurement documents with observations.
- Make inquiries regarding existing conditions and the procurement documents.
- Propose substitutions when permitted by the procurement documents.
- Receive addenda resulting from bidder inquiries and substitution proposals.
- Solicit, evaluate, and compile prices from subcontractors and suppliers.
- Obtain bid security when required by the procurement requirements.
- Prepare qualification statements when required by the procurement requirements.
The competitive bidding period should allow a reasonable amount of time to perform these procedures and activities. Bidding periods for public projects must be structured according to prescribed time periods to ensure the activities are performed according to prevailing laws. Although private projects are not subject to the same restrictions as public projects, the length of the competitive bidding stage might affect the accuracy and number of bids or proposals submitted. The architect/engineer should advise the owner about the activities of a well-structured bidding period.
All of the following are usually part of the Invitation or Advertisement for Bidders EXCEPT:
A. Time of Completion
B. Provisions for liquidated damages
C. Bid security reference
D. Types of bids required
- All of the following are usually part of the Invitation or Advertisement for Bidders EXCEPT:*
- A. Time of Completion*
- B. Provisions for liquidated damages*
- C. Bid security reference*
- D. Types of bids required*
B. - PDPG 12.2.1 & Fig. 12.1, (297 - 300)
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The main purpose of the Supplementary Conditions is:
A. As the replacement document for the outmoded “Special Conditions.”
B. For inclusion of transitional clauses between the General Conditions and the General Requirements of the Specifications.
C. To modify and expand on the General Conditions as needed to accommodate the unique requirements of a specific project.
D. To define the insurance requirements and Liquidated Damages provisions for the project.
- The main purpose of the Supplementary Conditions is:*
- A. As the replacement document for the outmoded “Special Conditions.”*
- B. For inclusion of transitional clauses between the General Conditions and the General Requirements of the Specifications.*
- C. To modify and expand on the General Conditions as needed to accommodate the unique requirements of a specific project.*
- D. To define the insurance requirements and Liquidated Damages provisions for the project.*
C. - PDPG 12.3.3.3, (318)
Project insurance requirements are located in the:
A. Agreement.
B. General Conditions.
C. General and Supplementary Conditions.
D. General Requirements.
- Project insurance requirements are located in the:*
- A. Agreement.*
- B. General Conditions.*
- C. General and Supplementary Conditions.*
- D. General Requirements.*
C. - PDPG 12.3.3.3, (319) & AIA A201
The extent of Work to be performed by any Subcontractor or trade is established by the:
A. Specifications
B. Drawings
C. Contractor/Subcontractor agreement
D. General Conditions
- The extent of Work to be performed by any Subcontractor or trade is established by the:*
- A. Specifications*
- B. Drawings*
- C. Contractor/Subcontractor agreement*
- D. General Conditions*
C. - A201/1.2.2;EJCDC 6.06 G
AIA 201 1.2.2 Organization of the Specifications into divisions, sections and articles, and arrangement of Drawings shall not control the Contractor in dividing the Work among Subcontractors or in establishing the extent of Work to be performed by any trade.
The entity responsible for furnishing surveys describing physical characteristics, legal limits, a legal description, and utility locations for the site is the:
A. Owner.
B. Contractor.
C. Architect/Engineer.
D. County Recorder’s office where the project is located.
- The entity responsible for furnishing surveys describing physical characteristics, legal limits, a legal description, and utility locations for the site is the:*
- A. Owner.*
- B. Contractor.*
- C. Architect/Engineer.*
- D. County Recorder’s office where the project is located.*
A. - A201/2.2.3; EJCDC 8.05, PDPG 5.2.3, (77)
2.2.4! The Owner shall furnish surveys describing physical characteristics, legal limitations and utility locations for the site of the Project, and a legal description of the site. The Contractor shall be entitled to rely on the accuracy of information furnished by the Owner but shall exercise proper precautions relating to the safe performance of the Work.
The right and responsibility to stop the work when the Contractor’s performance is defective lies with the:
A. Owner
B. Architect/Engineer
C. Both the Architect/Engineer and Owner
D. Neither
- The right and responsibility to stop the work when the Contractor’s performance is defective lies with the:*
- A. Owner*
- B. Architect/Engineer*
- C. Both the Architect/Engineer and Owner*
- D. Neither*
A. - A201/2.3.1; EJCDC 13.05, 15.02
2.4 Owner’s Right to Stop the Work!!!! Not 2.3.1
If the Contractor fails to correct Work that is not in accordance with the requirements of the Contract Documents as required by Section 12.2 or repeatedly fails to carry out Work in accordance with the Contract Documents, the Owner may issue a written order to the Contractor to stop the Work, or any portion thereof, until the cause for such order has been eliminated; however, the right of the Owner to stop the Work shall not give rise to a duty on the part of the Owner to exercise this right for the benefit of the Contractor or any other person or entity, except to the extent required by Section 6.1.3.
The responsibility for inspecting portions of the Work already completed to determine that they are acceptable to receive subsequent work lies with the:
A. Architect/Engineer
B. Contractor
C. Subcontractor who is performing the subsequent work.
D. Building Inspector
- The responsibility for inspecting portions of the Work already completed to determine that they are acceptable to receive subsequent work lies with the:*
- A. Architect/Engineer*
- B. Contractor*
- C. Subcontractor who is performing the subsequent work.*
- D. Building Inspector*
B. - A201/3.3.3; EJCDC 6.06 D
3.3.3 The Contractor shall be responsible for inspection of portions of Work already performed to determine that such portions are in proper condition to receive subsequent Work.
The primary responsibility to ascertain that the Contract Documents are in accordance with applicable laws, statutes, ordinances, building codes, and rules and regulations lies with the:
A. Architect/Engineer.
B. Contractor.
C. Owner.
D. Building official.
- The primary responsibility to ascertain that the Contract Documents are in accordance with applicable laws, statutes, ordinances, building codes, and rules and regulations lies with the:*
- A. Architect/Engineer.*
- B. Contractor.*
- C. Owner.*
- D. Building official.*
A. - A201/3.7.3; EJCDC 6.09 B
3.7.2 The Contractor shall comply with and give notices required by applicable laws, statutes, ordinances, codes, rules and regulations, and lawful orders of public authorities applicable to performance of the Work.
3.7.3 If the Contractor performs Work knowing it to be contrary to applicable laws, statutes, ordinances, codes, rules and regulations, or lawful orders of public authorities, the Contractor shall assume appropriate responsibility for such Work and shall bear the costs attributable to correction.
Unless otherwise stipulated, allowances cover:
A. Materials and equipment delivered.
B. Materials and equipment delivered, plus unloading and handling at the site.
C. Materials and equipment delivered, plus Contractor’s overhead and profit.
D. Materials and equipment delivered and installed
- Unless otherwise stipulated, allowances cover:*
- A. Materials and equipment delivered.*
- B. Materials and equipment delivered, plus unloading and handling at the site.*
- C. Materials and equipment delivered, plus Contractor’s overhead and profit.*
- D. Materials and equipment delivered and installed*
A. - A201/3.8.2; EJCDC 11.02 A, PDPG 13.8.1, (350-351)
§ 3.8.2 Unless otherwise provided in the Contract Documents, .1allowances shall cover the cost to the Contractor of materials and equipment delivered at the site and all required taxes, less applicable trade discounts; .2 Contractor’s costs for unloading and handling at the site, labor, installation costs, overhead, profit, and other expenses contemplated for stated allowance amounts shall be included in the Contract Sum but not in the allowances; and .3 whenever costs are more than or less than allowances, the Contract Sum shall be adjusted accordingly by Change Order. The amount of the Change Order shall reflect (1) the difference between actual costs and the allowances under Section 3.8.2.1 and (2) changes in Contractor’s costs under Section 3.8.2.2.
The purpose of shop drawings, product data, and samples is to:
A. Verify that the Contractor has read the Drawings and Specifications.
B. Provide an opportunity to propose more cost-efficient means of construction.
C. Demonstrate the way the Contractor proposes to conform to the information expressed in the Contract Documents.
D. All of the above.
- The purpose of shop drawings, product data, and samples is to:*
- A. Verify that the Contractor has read the Drawings and Specifications.*
- B. Provide an opportunity to propose more cost-efficient means of construction.*
- C. Demonstrate the way the Contractor proposes to conform to the information expressed in the Contract Documents.*
- D. All of the above.*
C. - A201/3.12.4; EJCDC 6.17 E.1, PDPG 15.8, (388)
3.12.4 Shop Drawings, Product Data, Samples, and similar submittals are not Contract Documents. Their purpose is to demonstrate how the Contractor proposes to conform to the information given and the design concept expressed in the Contract Documents for those portions of the Work for which the Contract Documents require submittals. Review by the Architect is subject to the limitations of Section 4.2.7. Informational submittals upon which the Architect is not expected to take responsive action may be so identified in the Contract Documents. Submittals that are not required by the Contract Documents may be returned by the Architect without action.
The responsibility to review and approve submittals lies with the:
A. Architect/Engineer.
B. Owner’s Representative.
C. Contractor.
D. Architect/Engineer and Contractor.
- The responsibility to review and approve submittals lies with the:*
- A. Architect/Engineer.*
- B. Owner’s Representative.*
- C. Contractor.*
- D. Architect/Engineer and Contractor.*
D. - A201/3.12.5, 4.2.7; EJCDC 6.17 D
3.12.5 The Contractor shall review for compliance with the Contract Documents, approve, and submit to the Architect, Shop Drawings, Product Data, Samples, and similar submittals required by the Contract Documents, in accordance with the submittal schedule approved by the Architect or, in the absence of an approved submittal schedule, with reasonable promptness and in such sequence as to cause no delay in the Work or in the activities of the Owner or of Separate Contractors.
If a shop drawing is submitted by the Contractor and stamped “approved” by the Architect, who is responsible for any deviations from the Contract Documents shown on the shop drawing?
A. Architect/Engineer.
B. Owner.
C. Contractor.
D. Architect/Engineer and Contractor
- If a shop drawing is submitted by the Contractor and stamped “approved” by the Architect, who is responsible for any deviations from the Contract Documents shown on the shop drawing?*
- A. Architect/Engineer.*
- B. Owner.*
- C. Contractor.*
- D. Architect/Engineer and Contractor*
C. - A201/3.12.8; EJCDC 6.17 E.3
A201 3.12.8 The Work shall be in accordance with approved submittals except that the Contractor shall not be relieved of responsibility for deviations from the requirements of the Contract Documents by the Architect’s approval of Shop Drawings, Product Data, Samples, or similar submittals, unless the Contractor has specifically notified the Architect of such deviation at the time of submittal and (1) the Architect has given written approval to the specific deviation as a minor change in the Work, or (2) a Change Order or Construction Change Directive has been issued authorizing the deviation. The Contractor shall not be relieved of responsibility for errors or omissions in Shop Drawings, Product Data, Samples, or similar submittals, by the Architect’s approval thereof.
The Contractor is entitled to an extension of time for:
A. Rainy days.
B. Abnormal weather conditions.
C. Rainy days which have an adverse effect on the schedule.
D. Abnormal weather conditions that could not have been anticipated and that affected the schedule.
- The Contractor is entitled to an extension of time for:*
- A. Rainy days.*
- B. Abnormal weather conditions.*
- C. Rainy days which have an adverse effect on the schedule.*
- D. Abnormal weather conditions that could not have been anticipated and that affected the schedule.*
D. - A201/4.3.7.2; EJCDC 12.03
- 3.1!!!!!
- 3.1 If the Contractor is delayed at any time in the commencement or progress of the Work by (1) an act or neglect of the Owner or Architect, of an employee of either, or of a Separate Contractor; (2) by changes ordered in the Work; (3) by labor disputes, fire, unusual delay in deliveries, unavoidable casualties, adverse weather conditions documented in accordance with Section 15.1.6.2, or other causes beyond the Contractor’s control; (4) by delay authorized by the Owner pending mediation and binding dispute resolution; or (5) by other causes that the Contractor asserts, and the Architect determines, justify delay, then the Contract Time shall be extended for such reasonable time as the Architect may determine.
Claims arising out of or related to the Contract are subject to:
A. Mediation
B. Arbitration
C. Mediation followed by arbitration
D. Arbitration followed by litigation if the parties cannot agree.
- Claims arising out of or related to the Contract are subject to:*
- A. Mediation*
- B. Arbitration*
- C. Mediation followed by arbitration*
- D. Arbitration followed by litigation if the parties cannot agree.*
C. - A201/4.5.1;EJCDC 16.01
§ 15.4.1 If the parties have selected arbitration as the method for binding dispute resolution in the Agreement, any Claim subject to, but not resolved by, mediation shall be subject to arbitration which, unless the parties mutually agree otherwise, shall be administered by the American Arbitration Association in accordance with its Construction Industry Arbitration Rules in effect on the date of the Agreement. The Arbitration shall be conducted in the place where the Project is located, unless another location is mutually agreed upon. A demand for arbitration shall be made in writing, delivered to the other party to the Contract, and filed with the person or entity administering the arbitration. The party filing a notice of demand for arbitration must assert in the demand all Claims then known to that party on which arbitration is permitted to be demanded.
All of the following are true of Change Orders EXCEPT:
A. May be initiated by either the Owner, Architect/Engineer, or Contractor.
B. Must be signed by all 3 parties to be valid.
C. May be ignored by the Contractor under legitimate objection to its terms.
D. Requires agreement on costs between the Owner and Contractor.
- All of the following are true of Change Orders EXCEPT:*
- A. May be initiated by either the Owner, Architect/Engineer, or Contractor.*
- B. Must be signed by all 3 parties to be valid.*
- C. May be ignored by the Contractor under legitimate objection to its terms.*
- D. Requires agreement on costs between the Owner and Contractor.*
C. - A201/7.2.1; EJCDC 12.01, PDPG 15.11.2.3, (406)
7.1.2 A Change Order shall be based upon agreement among the Owner, Contractor, and Architect. A Construction Change Directive requires agreement by the Owner and Architect and may or may not be agreed to by the Contractor. An order for a minor change in the Work may be issued by the Architect alone.
A Construction Change Directive (EJCDC = Work Change Directive) is best defined as:
A. A written order directing a change in the Work.
B. A directive for a change in the Work and an agreed upon change to the Contract Sum or Contract Time, or both.
C. A directive which requires Work to be performed by “Force Account”.
D. A directive to change the Work prior to agreement on the adjustment to the contract sum or time, if any.
- A Construction Change Directive (EJCDC = Work Change Directive) is best defined as:*
- A. A written order directing a change in the Work.*
- B. A directive for a change in the Work and an agreed upon change to the Contract Sum or Contract Time, or both.*
- C. A directive which requires Work to be performed by “Force Account”.*
- D. A directive to change the Work prior to agreement on the adjustment to the contract sum or time, if any.*
D. - A201/7.3.1; EJCDC 1.0149, PDPG 15.11.2.2, (405)
7.3.1 A Construction Change Directive is a written order prepared by the Architect and signed by the Owner and Architect, directing a change in the Work prior to agreement on adjustment, if any, in the Contract Sum or Contract Time, or both. The Owner may by Construction Change Directive, 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 and Contract Time being adjusted accordingly.
A Construction Change Directive must be signed by:
A. Owner.
B. Owner and Architect/Engineer.
C. Owner and Contractor.
D. Owner, Architect/Engineer and Contractor.
- A Construction Change Directive must be signed by:*
- A. Owner.*
- B. Owner and Architect/Engineer.*
- C. Owner and Contractor.*
- D. Owner, Architect/Engineer and Contractor.*
B. - A201/7.3.1; EJCDC 1.0149, PDPG 15.11.2.2, (405)
A Change Order is best defined as: A.
A written instrument prepared by the Architect/Engineer directing a change in the Work.
B. A document prepared by the Architect/Engineer to change the Work and an agreed upon change to the Contract Sum or Contract Time, or both.
C. A directive which requires Work to be performed by “Force Account”.
D. A directive to change the Work and a proposed basis for change to the Contract sum or time, if any.
- A Change Order is best defined as: A.*
- A written instrument prepared by the Architect/Engineer directing a change in the Work.*
- B. A document prepared by the Architect/Engineer to change the Work and an agreed upon change to the Contract Sum or Contract Time, or both.*
- C. A directive which requires Work to be performed by “Force Account”.*
- D. A directive to change the Work and a proposed basis for change to the Contract sum or time, if any.*
B. - A201/7.2.1; EJCDC 1.019, PDPG 15.11.2.3, (406)
A Change Order must be signed by:
A. Architect/Engineer.
B. Owner and Architect/Engineer.
C. Owner and Contractor.
D. Owner, Architect/Engineer and Contractor.
- A Change Order must be signed by:*
- A. Architect/Engineer.*
- B. Owner and Architect/Engineer.*
- C. Owner and Contractor.*
- D. Owner, Architect/Engineer and Contractor.*
D. - A201/7.2.1; EJCDC 1.019, PDPG 15.11.2.3, (406)
Minor changes in the Work for items not involving a change in cost or time to the Contract and consistent with the intent of the Contract Documents:
A. Require the consent of the Owner.
B. Can be ordered by the Architect/Engineer, and are binding on the Owner and Contractor.
C. Require the consent of the Owner and Contractor.
D. Require the Architect/Engineer to issue a Construction Change Directive.
- Minor changes in the Work for items not involving a change in cost or time to the Contract and consistent with the intent of the Contract Documents:*
- A. Require the consent of the Owner.*
- B. Can be ordered by the Architect/Engineer, and are binding on the Owner and Contractor.*
- C. Require the consent of the Owner and Contractor.*
- D. Require the Architect/Engineer to issue a Construction Change Directive.*
B. - A201/7.4.1; EJCDC 1.0149, PDPG 15.11.2.1, (405)
Contract time is the time allotted from date of commencement of Work until date of:
A. Final completion.
B. Substantial completion.
C. Certification of final payment by the A/E.
D. County issuance of an occupancy permit.
- Contract time is the time allotted from date of commencement of Work until date of:*
- A. Final completion.*
- B. Substantial completion.*
- C. Certification of final payment by the A/E.*
- D. County issuance of an occupancy permit.*
B. - A201/8.1.1; EJCDC 1.0143, PDPG 16.8, (434)
The term “day” is defined as a (an):
A. Working day.
B. Calendar day.
C. 8-hour day.
D. 24-hour day.
- The term “day” is defined as a (an):*
- A. Working day.*
- B. Calendar day.*
- C. 8-hour day.*
- D. 24-hour day.*
B. - A201/8.1.4; EJCDC 1.02 B, PDPG 15.6, (382)
The document prepared by the Contractor which allocates a dollar value to various portions of the Work is called the:
A. Progress and Completion List.
B. Schedule of Values.
C. Payment Schedule.
D. Cost Breakdown.
- The document prepared by the Contractor which allocates a dollar value to various portions of the Work is called the:*
- A. Progress and Completion List.*
- B. Schedule of Values.*
- C. Payment Schedule.*
- D. Cost Breakdown.*
B. - A201/9.2.1; EJCDC 2.05 B.3, PDPG 15.13.5, (417)
Where the Contract is based on a stipulated sum or Guaranteed Maximum Price, the Contractor shall submit a schedule of values to the Architect before the first Application for Payment, allocating the entire Contract Sum to the various portions of the Work. The schedule of values shall be prepared in the form, and supported by the data to substantiate its accuracy, required by the Architect. This schedule, unless objected to by the Architect, shall be used as a basis for reviewing the Contractor’s Applications for Payment. Any changes to the schedule of values shall be submitted to the Architect and supported by such data to substantiate its accuracy as the Architect may require, and unless objected to by the Architect, shall be used as a basis for reviewing the Contractor’s subsequent Applications for Payment.
Unless otherwise provided by the Contract Documents, the Contractor is entitled to payment by the Owner for all of the following EXCEPT:
A. Materials furnished and installed.
B. Materials stored at the site, even though the materials are not yet installed.
C. Materials stored off the site, at a location agreed upon in writing.
D. Materials for which the Contractor has pre-paid in order to lock-in a lower price.
- Unless otherwise provided by the Contract Documents, the Contractor is entitled to payment by the Owner for all of the following EXCEPT:*
- A. Materials furnished and installed.*
- B. Materials stored at the site, even though the materials are not yet installed.*
- C. Materials stored off the site, at a location agreed upon in writing.*
- D. Materials for which the Contractor has pre-paid in order to lock-in a lower price.*
D. - A201/9.3.2; EJCDC 14.02 A.1, PDPG 15.13.7, (418)
When may the Work be occupied and utilized for its intended use?
A. Date of Substantial Completion.
B. Date of Final Completion.
C. When the building official issues an occupancy permit.
D. When the owner’s insurance company issues a certificate of insurance.
- When may the Work be occupied and utilized for its intended use?*
- A. Date of Substantial Completion.*
- B. Date of Final Completion.*
- C. When the building official issues an occupancy permit.*
- D. When the owner’s insurance company issues a certificate of insurance.*
A. - A201/9.8.1; EJCDC 1.0143, PDPG 16.8, (434)