DBIA 175 Exam Study Guide Questions with

DBIA 175 Exam Study Guide Questions with Complete Solutions DBIA Document 580 - Teaming Agreement - Correct Answers Between Design-Builder and teaming party Components of Teaming Agreement - Correct Answers qualifications, insurance, matrix of responsibilities, confidentiality and exclusivity, payment of stipend/honoarrium URS CORP v TRANSPO - does teaming agreement waiver survive if subcontract supersedes teaming agreement? - Correct Answers yes. subcontract was silent, waiver in prime flowed down.Common Procurement Challenges - Correct Answers - conducting proprietary meetings

• handling alternative technical concepts
• evaluating non-price factors
• consideration of all proposal information
• use of work product fo unsuccessful proposers

Standard form contracts - Correct Answers - reflect industry consensus on risk allocation

• predictable judicial interpretation
• convenient and cost effective

Current US Standard Form Contracts - Correct Answers - DBIA (2010/2016)

• Consensus Docs (2016)

- AIA (2014)

- EJDC (2016)

DBIA OWNER/DESIGN-BUILDER AGREEMENTS - Correct Answers - 520 Preliminary Agreement

• 525 Lump Sum
• 530 Cost Plus Fee with Option for GMP
• 535 General Conditions
• 545 Progressive Design-Build Contract for the Water/Wastewater Sector 1 / 3

Contracting Approaches - Correct Answers - Lump Sum

• Cost Plus
• GMP
• Unit Prices
• Target Pricing

LUMP SUM (DBIA 525) - Correct Answers - single price regardless of actual cost

• no meaningful opportunity for Owner to be involved in subcontractor procurement
• no transparency into lump sum price
• limited audit rights
• undisclosed contingencies

COST PLUS/GMP (DBIA 530) - Correct Answers - compensation based on actual cost plus fee up to GMP

• owner had broad audit rights
• owner has ability to be more involved ins subcontractor procurement
• most contingencies are transparent
• savings needs to be addressed
• administratively more complex

GMP PROCESS ISSUES - Correct Answers - Timing of the GMP

• Assumptions (schedule)
• Contingency
• Savings
• Line item guarantees; not contemplated, general conditions could be capped

Progressive Design-Build (PDB) - Correct Answers - Design-builder retained by Owner early in projects's life primarily, if not exclusively, on qualifications

• Final project cost and schedule commitment is not established as part of the selection process
• Two phases of work: preliminary services, & final design and construction, once the parties have

agreed on price and other commercial terms

• GMP contract is often used 2 / 3

PDB Process - Correct Answers - Design-builder collaborates with Owner during Phase 1 to create or confirm project's BOD

• Formal commercial proposal for Phase 2: "appropriate" level of definition often at 40-60% design;

dependent on amount of control Owner desires to maintain over design definition and contingency

• Phase 2 initiated upon acceptance of commercial proposal

PDB Two-contract approach - Correct Answers - parties first enter into a preliminary agreement, such as DBIA 520 (Preliminary Agreement)

• if commercial proposal is accepted, parties then enter into a full design-build contract such as DBIA

530 (Cost-plus with GMP) PDB Single contract approach - Correct Answers - parties enter into a full design-build contract (DBIA 530) or for water/wastewater, DBIA 545

• these contracts establish the GMP after contract award

Progressive Design-Build Issue - Correct Answers Deciding what happens if relationship ends and the

"off-ramp" is exercised:

• owner's right to use work product
• owner's ability to use the designer without the builder

OWNER'S REVIEW OF DESIGN SUBMISSIONS

(DBIA 535) - Correct Answers §2.4.1 On or about the time of the scheduled submissions, Design- Builder and Owner shall meet and confer about the submissions, withDesign-Builder identifying during the meeting, among other things, the evolution of the design and any significant changes or deviations that have taken place from previous design submissions.§2.4.3 Neither Owner's review nor approval of any interim design submissions, meeting minutes, and Construction Documents shall be deemed to transfer any design liability from Design-Builder to Owner.ADVANCETEC V WOHLSEN (2017) - Correct Answers "Though Plaintiff may have made clear that it 'intended that Wohlsen's rights to use the [IOS] would terminate if AdvanceTEC was not selected as the subcontractor' and that it desired to retain the rights to the IOS until construction was complete, the Court finds that there is nothing in the Executed LOI to demonstrate that those intentions were ever

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