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Association of Licensed Architects

$6.00 Volume 15, No. 2 Summer 2011

LicensedArc hitect

• 2011 Chicago Conference and Product Show • Green and Sustainable Design • 5 Firms Feature Their Sustainable Projects • Continuing Education: An Introduction to Passive House Standard • ALA Events and News • Answers to Recent Code Questions


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LICENSED ARCHITECT • VOL 15 NO. 2 • SUMMER 2011

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LicensedArchitect

Vol. 15, No. 2, Summer 2011

COVER Valparaiso University Donald V. Fites Engineering Innovation Center Valparaiso, Indiana

Firm: DESIGN ORGANIZATION, INC. Photography: Jeff Jacobs Design Organization, Inc. The Donald V. Fites Engineering Innovation Center provides the first impression of Campus from the Southwest. The resulting facility will provide an integrated learning environment and reflect the innovative program, advanced technology and sustainability goals of the College of Engineering. At the same time, the design transforms the former service side of the building into a new front door, highlighted by a sunscreen tower that visually reinforces the entrance, and shades the light filled Collaboration Lounge that greets visitors upon entering.

ARTICLES 8 Duty of Design Professional Limited to Contract The Illinois Supreme Court’s reversal made clear that contractual duty is determined solely by examining the contract terms. Read in detail the court case and appeal as this issue worked its way through the system resulting in an Appellate Court decision. by Shawn E. Goodman, Sabo & Zahn, Attorneys at Law

11 Green and Sustainable Design With the stated goal of the LEED system to distinguish building projects that have demonstrated commitment to sustainability by meeting the “highest green building and performance measures”, read why Green and Sustainable Design has become such a popular design, legal and risk management topic. by Tom Harkins, Willis A&E

13 Accessible Ramps - Past Research and New Information In honor of the 50th anniversary of ICC A117.1, we are once again exploring both the original research and the newest information on compliance. In this article, we will focus on ramps. by Kim Paarlberg, RA, and Jay Woodward, RA, ICC Senior Staff Architects

35 Continuing Education: An Introduction to the Passive House Standard With a holistically integrated systems approach to designing the performance of a building to meet higher efficiency and comfort benchmarks, the U.S. building community has become aware of the Passive House Building Energy Standard. by Mark A. Miller, Principle of Mark A. Miller Architects/Builders Inc.

40 The Inherent Difficulties of Defense/Indemnity Requirements When reviewing professional service agreements for potential new projects, care must be taken to avoid assuming obligations that expose your firm to risks beyond your control and those that are not tied to your negligence. by Michael G. Welbel, M.G. Welbel & Associates

44 2011 Chicago Conference and Product Show

LICENSED ARCHITECT • VOL 15 NO. 2 • SUMMER 2011

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PUBLISHER’S INFO PUBLISHER

OUR REGULAR FEATURES 13

ADA Advice

46

ALA Chapters

44

Architecture Conference

42

Code Corner

35

Continuing Education Article

40

Contributed Article

ALA, Inc.

BOARD OF DIRECTORS Jeffrey N. Budgell, FALA - President James K. Zahn, Esq., FALA, Vice President Mark Van Spann, FALA - Secretary Patrick C. Harris, FALA - Treasurer Joanne Sullivan, Executive Director Steven H. Pate, FALA Past President

DIRECTORS: James J. Belli, FALA Doug Gallus, FALA (Chapter Delegate) Rick Gilmore, FALA Tom Harkins (Affiliate) David Roth, ALA Jeff Whyte, ALA Horatiu Wolff, FALA (Illinois Delegate)

EDITORS Lisa Brooks Robert Davidson, FALA Patrick C. Harris, FALA Steven H. Pate, FALA

ADVERTISING SALES

6 11

Design Award Program Insurance Info

8

Legal Issues

9

Membership

Peg McLean

GRAPHIC DESIGN/MAGAZINE

45

New Members

Midwest Type and Imaging ALA, Inc. serves the architectural profession. No part of this publication may be reproduced or transmitted, in any form without the express written consent of the publisher. Published in the U.S.A.,© 2011 by ALA, Inc. All rights reserved. Opinions expressed in articles are not necessarily those of ALA, Inc. Any reference to a product or service is not to be construed as an endorsement of same. Advertising published in Licensed Architect does not constitute nor imply an endorsement or recommendation of the advertiser’s products by ALA, Inc., or any of its members. ALA reserves the right to review all advertising for acceptability. For advertising, or membership information, call or write Joanne Sullivan at: ALA, 22159 N. Pepper Road, Suite 2N, Barrington, IL 60010 Phone: (847) 382-0630; Fax: (847) 382-8380; E-mail: ALA@alatoday.org

- Advertisers Thank you to our Advertisers - they make this magazine possible A & E Group of Willis HRH . . . . . . . . . . .31 Berg Engineering Consultants, Ltd. . . . . .12 CertainTeed . . . . . . . . . . . . . . . . . . . . . .23 Chicago Plastering Institute . . . . . . . . . . . .2 Chicagoland Roofing Council . . . . . . . . .19 Coleman, Hull & van Vliet, PLLP . . . . . . .41 CPI Daylighting . . . . . . . . . . . . . . . . . . . .43 Crivello, Carlson, S.C. . . . . . . . . . . . . . . .41

If you have an address correction, wish to submit news items, press releases, or an article, write to:

Web Site: www.alatoday.org

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Kelly P. Reynolds & Associates, Inc. . . . . .11 Master Graphics . . . . . . . . . . . . . . . . . . .27 Moshe Calamaro & Associates . . . . . . . .45 Northfield Block Company . . Back Cover SABO & ZAHN . . . . . . . . . . . . . . . . . . . .41 Tee Jay Service Company . . . . . . . . . . . .14 The Hill Group . . . . . . . . . . . . . . . . . . . . .7

LICENSED ARCHITECT • VOL 15 NO. 2 • SUMMER 2011

Joanne Sullivan at ALA 22159 N. Pepper Road, Suite 2N, Barrington, IL 60010 Phone: (847) 382-0630 • Fax: (847) 382-8380 E-mail: ALA@alatoday.org


ALATHEPRESIDENT’SLETTER

ere’s the good news, the incredibly long and cold winter is finally behind us . . . we hope! The first quarter is history and we are fast closing in on the halfway point of 2011. The economy is showing faint signs of life and now the good news……. we have a new issue of "Licensed Architect". Did you know that 8,500 copies of Licensed Architect are printed and distributed of every issue? That’s amazing and that is good news for our affiliate members and our advertisers who look to "Licensed Architect" to get their products and services in front of our members and our industry. Even with a sputtering economy, our ALA has managed to hold its own in terms of membership. Our renewal rate is on par with previous years and we continue to attract new members. ALA, like any other organization, must continue to grow its membership in order to remain a viable, vibrant and economically healthy organization capable of fulfilling its mission. I encourage and implore all of our members to reach out and pursue interns, associates, suppliers or other architects and professionals in allied fields to become members so that they too can enjoy the many benefits ALA offers. Not the least of which is their own subscription of "Licensed Architect". This issue again contains many interesting and informative articles on Legal issues, Code and Accessibility matters as well as featured

Become an ALA Education Provider! ALA can offer you: ➣ Affordable provider rates ➣ Targeted market ➣ Increased visibility ➣ Added credibility ➣ Quality assurance

...Plus it’s easy and hassle free! Register now on our website at www.alatoday.org or call ALA Headquarters at 847-382-0630

Architects and their Sustainable Projects. The featured Architects are from five different firms in four different states. I would like to thank the advertisers in this issue for supporting "Licensed Architect" and our association and encourage everyone to review the many products and services of our advertisers in this issue. Also watch for information on upcoming educational seminars, the very successful and popular annual Conference and Products Show, the ALA Golf Outing, and the Design Awards Program. Our Annual Conference and Product show is shaping up to be our best yet! We have some new and exciting presenters and topics and we are on pace to have as many, if not more, products showcased as well. Speaking of the Design Awards, it is not too early to be preparing you submission! You can submit multiple projects and if your prior submission did not win, I recommend you resubmit it since the Design Awards Jury is different every year and you very well may win this year! Have a great summer!

Jeffrey Budgell Jeffrey N. Budgell, FALA, LEED AP President

Our Continuing Education Providers A listing of all the approved programs is available on our website at www.alatoday.org Please contact ALA Providers to present seminars at your office.

• American Groundwater Trust • American Hardwood Council • Brick Industry Association • CalStar Products, Inc. • Chicago Roofing Contractors • IMAGINiT Technologies • Kelly P. Reynolds & Associates, Inc. • Passive House Midwest • Professional Products of Kansas • Schuyler, Roche & Crisham, P.C. • The Wood Products Council • Vectorworks LICENSED ARCHITECT • VOL 15 NO. 2 • SUMMER 2011

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2011 ALA Design Awards Program SUBMITTALS

PURPOSE To give professional recognition, to excellence in Design by selecting award recipients whose work exhibits the creative and aesthetic characteristics deemed relevant by their peers and associates and to foster adoption of this quality by the general public.

ELIGIBILITY All submittals must be completed works designed by ALA members. Design awards are to be in the name of the firm, if a member of the firm is a member of ALA and a Principal of the firm. Otherwise, the award shall be given in the name of the Architect responsible for the design with the name of the members firm also shown. No entry may be submitted which has previously won an ALA or ICARA Design Award.

AWARDS Entries will be judged on their own merits based on: • Program Solution • Site and Space Planning • Overall Design Solution • Construction System and Details Certificates will be presented in order that the Firm, Owner, Contractor and Developer may be recipients. The following awards will be issued: Presidential Award (1) Gold Medal Award Silver Medal Award Award of Merit

CATEGORIES Entries 1. 2. 3. 4. 5. 6. 7. 8.

shall be labeled in one of the following categories: Residential I - Single Family Homes Residential II - Multi Family Homes, Apts Commercial/Industrial Renovation Institutional Religious Unbuilt Design Interior Architecture

JURY/JUDGING The jury panel of five jurors will be composed of architects and other design professionals such as college professors, journalists, interior designers, etc. It will meet shortly after the submission deadline to evaluate and select the building projects to receive awards.

Each entry must be submitted in the following manner. 1. Submit no less than one (1) or more than two (2) 20” X 20” boards, the composition of which shall be at the discretion of the entrant. 2. After Declaration of Intent, each participant will receive a detailed description of entry requirements by August 12, 2011 to guide in the preparation of the boards. Minimum requirements will be enumerated along with accompanying information. 3. Boards and accompanying material must be received at ALA Headquarters by close of business on September 9th, 2011.

AWARD WINNING ENTRIES Award recipients will be requested to furnish additional photos or electronic versions for press releases and to display their boards at the Awards Banquet.

PRESENTATION OF AWARDS Certificates will be presented to applicants at the 2011 Awards Presentation Dinner on Friday, November 11, 2011 at the Medinah Country Club in Medinah, Illinois. Clients are invited to attend along with entrants and guests. Additional certificates will be made available at the applicant’s request, for a nominal fee of $35.00 each.

RELEASE, RETURN OF ENTRY, AND PUBLICITY All entries are accepted with the explicit free right of publication, reproduction, and use by ALA and its sponsors without need for further approval. ALA shall not be responsible for protection of submission. Submissions may be picked up at the awards dinner or will be returned COD in their original containers.

SUBMISSION OF INTENT The attached Declaration of Intent must be completed and returned with payment post-marked no later than August 12, 2011 to: ALA Headquarters 22159 N. Pepper Road, Ste 2N • Barrington, IL 60010 Entry fees must accompany each entry as described below: ALA Members: $125.00 for first entry; each additional entry: $100.00 Non-ALA Members: $225.00 for the first entry (includes a one year ALA Membership) each additional entry: $100.00 Direct questions to ALA Headquarters (847-382-0630) or E-mail: Joanne@ALAtoday.org

DEADLINES

Decisions of the jury shall be final. None of the jury members may submit entries for judging or be associated with a firm submitting entries. Association of Licensed Architects

August 12, 2011: Declaration of Intent Sept. 9, 2011: Submission of Entries

Declaration of Intent • 2011 ALA Design Awards Program I plan to submit an entry (entries) in ALA’s 2011 Design Award Program and will submit all materials by Sept. 9th, 2011 to: ALA Headquarters, 22159 North Pepper Road, Suite 2N • Barrington, IL 60010 Please mail my registration number(s), carrier sheets and official data sheets to:

Name

Company

Phone No.

Fax No.

Address

City

E-Mail State

Zip

PROJECT ID BY NAME(S) Number of entries Number of entries

@ $125.00 initial entry (ALA members) $ $100.00 each additional entry @ $225.00 initial entry (non-ALA members) $ $100.00 each additional entry

2010 Presidential Award Winner: DLR Group Project: Matea Valley High School, Aurora, IL

Make checks payable to ALA (include check with form)


LEGALISSUES

DUTY OF DESIGN PROFESSIONAL LIMITED TO CONTRACT by Shawn E. Goodman, Sabo & Zahn, Attorneys at Law ecently, the Illinois Supreme Court made clear that when a design professional is accused of violating its standard of care in performing some act required under its contract, that design professional’s duty is limited to the terms of its contract, and will not be expanded beyond those terms, whether by expert opinion or otherwise.1 The defendants involved in the appeal were two engineering firms. These firms contracted with a general contractor to design a roadway interchange and replacement bridge deck surface, respectively, as part of a larger project. The contract provided in pertinent part: A. Roadway Design - Final design and contract plan preparation for the Phase 1, Stage A I-94/Grand Avenue Interchange improvements will be provided. The proposed roadway improvements are as described below: - Redesign Ramp B to two lanes, but maintain one lane at merge to southbound I-94. - Provide lane drop recovery area on eastbound Grand Avenue east of Ramp B diverge. - Improve Ramp E alignment. Proposed improvements are to tie to the widening of Grand Avenue, which is to be done by others. B. Structural Design - Final structural design plans will be provided for deck replacement of the existing Grand Avenue bridge over I-94.

A number of years later, a vehicle traveling eastbound on the bridge lost control, careened onto the median, was lifted up in the air, and crashed on top of the plaintiff’s family’s vehicle which was traveling west. The accident resulted in the death of the family members; and the plaintiff sued multiple parties, including the two engineer defendants, alleging that designing a safer barrier on the road would have prevented the accident. The defendants moved for summary judgment on the grounds that the contract called only for them to "replace," not engage in extensive design analysis, or "improve" the median. The plaintiff objected to summary judgment and filed an expert affidavit which asserted that the defendants failed to meet the standard of care. Specifically, the expert testified that the contract called for the defendants to design a barrier sufficient to prevent the accident. The trial court allowed summary judgment to the defendants, despite the expert affidavit, on the basis that the duties were as set forth by the contract, the contract required the engineers only to "replace" the median, not redesign or modify it, and the contract also did not include the kinds of studies and improvements claimed by the expert. The case went up on appeal. In a divided opinion, the appellate court reversed the trial court. The majority concluded that the word "replacement," when reading the contract as a whole, was unambiguous. Because the preceding paragraph used the word "improvements" with reference to the roadway interchange, the use of the word "replacement" in the following sections signified that the median and bridge deck was to be designed and rebuilt as it formerly existed. Nevertheless, the appellate court found that the standard of care clause in the contract, along with the expert affidavit, created a question of fact as to whether the engineers should have proposed "improvements" in the bridge deck. The dissent strongly disagreed, arguing that the duty was defined by the contract as being merely to "replace" the existing bridge deck. The standard of care provision served only to require the defendants to design the

“The Illinois Supreme Court’s reversal made clear that contractual duty is determined solely by examining the contract terms. If those terms are not ambiguous, then the court will not go beyond the four corners of the contract in determining the design professional’s duties.”

The contract further included a standard of care clause: "[t]he standard of care applicable to [the engineers’] services will be the degree of skill and diligence normally employed by professional engineers or consultants performing the same or similar services." The existing bridge median was four feet wide and about six inches high. Per the contract, the engineers designed the bridge deck replacement, including a four feet wide, about seven inches tall, median.

(Continued on page 31) 1

Thompson v. Gordon, No. 110066, 2011 WL 190290 (Ill. Jan. 21, 2011).

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LICENSED ARCHITECT • VOL 15 NO. 2 • SUMMER 2011


MEMBERSHIP

Association of Licensed Architects

Join now and become a member of a dynamic growing organization of architects ALA (The Association of Licensed Architects) is an organization open to all architects and professions related to architecture. It represents architects registered or licensed in any state, territory or possession of the United States, and foreign countries. ALA was founded in 1999 by a group of architects who formerly served as Board Members of other Architects’ Associations. Later that year, ALA was joined by ISA (Illinois Society of Architects), the oldest independent state organization in the country, which brought valued expertise and historic significance to the Association. ALA has experienced rapid growth, continues to maintain affordable dues and publishes a professional magazine for its members. ALA’s mission is to advance the Architectural Profession through education and by supporting and improving the profession’s role in the built environment. ALA’s vision is to positively impact the Architectural Profession through the power of organization. Its purpose is to unite, educate, promote, and advance the Architectural Profession and address critical issues confronting it. ALA will support the efforts of other Associations, when combined efforts will produce benefits for all. ALA will work and speak for members of the Architectural Profession and improve communication with the community through programs offering information, education and cooperation. It proposes to advance and contribute to the health, safety and welfare of the general public and believes in stimulating and encouraging continuing education plus the advancement of the art and science of architecture. ALA’s motto is:

“Architects united to advance the Profession of Architecture”

SEE

What ALA can do for YOU!

BENEFITS FOR MEMBERS: Professional, Senior & Emeritus Members. Associate, Student and Honorary Members Same as professional members with the exception of voting privileges and professional designation. • • • • • • • • • • • • • • • • • • •

Professional Designation Project Referral Legislative Monitoring Continuing Education Programs at Reduced Rates Quarterly Magazine – “Licensed Architect” Hot Lines: Legal, Code, Insurance, and ADA Short Form Electronic Legal Contracts Membership Wall Certificate Job Posting Mediation Annual Design Awards Program Student Merit Awards IDP Assistance Networking with Affiliate and Professional Members Online Member and Resource Directory Annual Conference and Product Show Logging of ALA Program Hours Volunteer Opportunities Voting Privileges

Affiliate Members • Same as professional members with the exception of voting privileges and professional designation plus . . . • Networking with Professionals • Special Member Rates at Annual Conference and Product Show • Sponsorship Opportunities

Involvement is an Investment in your Future! Share Experiences, Write an Article, Publish Design Work, Serve on a Task Force

THE NEXT PAGE FOR MEMBERSHIP APPLICATION

HELP INFLUENCE

THE

FUTURE

OF

ARCHITECTURE

Collective strength provides a wellspring of knowledge

LICENSED ARCHITECT • VOL 15 NO. 2 • SUMMER 2011

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What the Association of Licensed Architects can do for YOU! ALA will provide you with:

JOIN NOW

• Information • Education • Research • Networking • Referral Service • Professional Practice Techniques

Reap the Benefits! SUPPORT your PROFESSION!

Please complete the application below and mail with your tax deductible check made out to ALA, 22159 N. Pepper Road, Suite 2N, Barrington, IL 60010 For information call 847-382-0630 or E-mail: ALA@alatoday.org Registration is now available on-line at alatoday.org

ALA Membership Application 22159 N. Pepper Road, Suite 2N, Barrington, IL 60010 (1) Full Name

(Please print)

Last

First

(2) Current Professional Status: ■ Partner/Principal

■ Firm Architect

M.I. ■ Academic ■ Other

(3) Information for Association records (Please check ONE box for desired mailing address): ■ Office ■ Residence Firm name

Address

Address

City / State / Zip

City / State / Zip

Phone

E-mail Address

E-mail Address

Phone: (

)

Fax: (

)

(4) States of Licensure

FAX No.

License No.

(5) Project types: (6) Number of employees in firm/corporation: (7) Current Membership in other Professional Organizations: (8) Referred by: Make Check payable to ALA (9) ALA Membership Category Applying For: ■ PROFESSIONAL - Licensed architects = $100.00 ■ SENIOR - Licensed retired architect 65 or over = $65.00 ■ AFFILIATE - Industry or related professionals = $150.00 ■ ASSOCIATE - Architecture degree/non-licensed = $65.00 ■ STUDENT - Full time/Architecture Schools = $25.00 ■ International Members (add for postage) ■ Europe = $35.00 ■ Far East = $40.00

(10) ■ Optional: ALA Member and Resource Directory available on website: Printed Directory = $20.00

Signature of Applicant

Date All dues may be deducted as a business expense but not as a charitable contribution.

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LICENSED ARCHITECT • VOL 15 NO. 2 • SUMMER 2011


INSURANCEINFO

Green and Sustainable Design by Tom Harkins, Willis A&E

reen and sustainable design is not a new concept. This practice goes back to ancient Romans practicing green and sustainable design by facing their doorways and windows to the south and using mica and glass around them to form a solar heat. So why has this become such a popular design, legal and risk management topic? One reason is that many federal agencies as well as state and municipal governments now require that public buildings meet green standards. According to the latest statistics from USGBC, various LEED initiatives including legislation, executive orders, resolutions, ordinances, policies, and incentives are found in 45 states, including 442 localities (384 cities/towns and 58 counties), 35 state governments (including the Commonwealth of Puerto Rico), 14 federal agencies or departments, and numerous public school jurisdictions and institutions of higher education across the United States. Another reason is that lawsuits related to green and sustainable design have recently made headlines across the country. In New York City, Leonardo DiCaprio, Tyra Banks and other celebrity homeowners are suing their condo tower builder over claims that their units are not as efficient as expected. In Maryland, a developer sued (and settled with) a builder who failed to attain LEED certification. While many risks of green and sustainable design are the same as conventional construction, from an insurance and risk management point of view, when you add green design/sustainability in addition to efficiency targets to the mix, as well as being required to attain third-party levels of certifications, the design professional is elevating their risk for these projects. In addition, because design professionals are utilizing cutting edge, and often unproven, technology, green and sustainable design lends itself to legal risk that conventional construction does not.

sustainable design may soon find that they will be held to the standard expected of a LEED Accredited Professional or some similarly green-credentialed design professional. In addition, many professional associations have added sustainability to their ethical guidelines. In December 2007, the AIA Board of Directors added sustainability to the AIA Code of Ethics governing members’ conduct. Added was "Canon VI, Obligations to the Environment," which contains a requirement that AIA members promote sustainable design.

The stated goal of the LEED system is to distinguish building projects that have demonstrated commitment to sustainability by meeting the “highest green building and performance measures.”

Standard of Care While the standard of care for design professionals will continue to evolve as a result of LEED, Architects and engineers who decide to enter the world of green and

Systems / Components Manufacturers are putting new products on the market with limited time allocated for research and virtually no product history of performance. Design professionals could become targets for claims if these products do not perform as advertised. To mitigate this liability, the design professional should disclose the use of any untested or unproven products and if possible the risks associated with the client. Warranties The stated goal of the LEED system is to distinguish building projects that have demonstrated commitment to sustainability by meeting the "highest green building and performance measures." Design professionals should know (Continued on page 12)

KELLY P. REYNOLDS & ASSOCIATES, INC. BUILDING CODE CONSULTANTS

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16182 W. Magnolia Street Goodyear, AZ 85338-5518

LICENSED ARCHITECT • VOL 15 NO. 2 • SUMMER 2011

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INSURANCEINFO (Continued from page 11)

that this language could be construed as a warranty standard on the design and on the performance of the design as constructed. Other warranties could be claimed for anything ranging from the failure to meet the certification level planned to "excessive" energy, water, or maintenance costs. Even the failure of the design to decrease employee sick leave and increase productivity could be claimed.

certification standards. There is no "appeal" of a USGBC/GBCI decision to an independent authority. Claims Frank Musica, Senior Risk Management Attorney for Victor O. Schinnerer & Company states "we are still awaiting our first major green claim against design professionals or contractors we insure but there is no doubt they will come. As more benefits or penalties are tied to either certification by a third party (which has no obligation to perform competently or in a timely manner) or actual energy or water usage, the stakes are raised. A performance at a less than expected or contractually obligated level will cause a significant claim.”

“It is surprisingly easy for a design firm involved in sustainable design to inadvertently give clients a false representation, commonly the result of overselling the firm and its capabilities.”

Fraud It is surprisingly easy for a design firm involved in sustainable design to inadvertently give clients a false representation, commonly the result of overselling the firm and its capabilities. An overstatement of qualifications may lead to claims of deliberate misrepresentation in order to secure the project – or fraud in the inducement of a contract – exposing the design firm to risks excluded from insurance coverage.

Third Party Interpretation Because the LEED rating system is not law and is administered by a private organization, challenges to certifications or ratings are not subject to traditional legal procedures or venues. The USGBC/GBCI controls the challenge process and essentially sits as judge and jury on whether projects meet or do not meet

For example, here in DC starting in 2012 a developer will have to "post a bond" that a project will meet a certain LEED certification standard. Somehow the government never figured out who will write such a bond and what will happen if the certification standard is not met for any reason. I am sure developers will simply pass the high risk to designers and constructors. That is why we recommend the use of the ConsensusDOCS Green Building Addendum to allocate responsibilities and risks (and to identify lost benefits as consequential damages that could be waived by contract.) And the AIA will soon issue its D530-2011 Guide to Sustainability that includes model language for design and construction contracts that also parses out the goals and obligations for a "green" project." Contract Language The most important factor in preventing claims based on the underperformance of a sustainable design is that all parties involved understand, and acknowledge in writing, the inherent risks with such a project, the factors that make the outcome unpredictable and the limits and responsibilities of each party to manage risks. Sample Contract Clause: The LEED Green Building Rating System and other similar environmental guidelines (collectively "LEED") utilize certain design and usability recommendations on a project in order to promote an environmental friendly and energy efficient facility. In addressing ….. The Architect does not warrant or represent that the project will actually achieve LEED certification. Architect shall use reasonable care consistent with the foregoing standard in interpreting and designing in accordance with LEED. Architect shall not ….. of the completed project. If you have an interest in obtaining the above contract clause or additional language / information on this subject, please email Tom Harkins of Willis A&E at tom.harkins@willis.com.■

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ADAADVICE

Accessible Ramps – Past Research and New Information by Kim Paarlberg, RA, and Jay Woodward, RA, ICC Senior Staff Architects

Photo Courtesy of University of Illinois archives on Dr. Nugent

amps are an extremely common alternative for steps that are utilized both as part of the general and accessible routes into buildings or for changes in elevation with buildings. It was important for the development of criteria to test

Participant in the research study on ramp access.

how ramps work for persons using wheelchairs, as well as other mobility devices such as walkers, canes or crutches. Ramps were one of the basic research projects taken on at the University of Illinois under the direction of Dr. Tim Nugent in the 1960s, whose goal it was to develop criteria so that buildings would be equally usable by persons who are able-bodied and persons who had physical disabilities. Parameters of the Early Research With a grant from the National Society for Crippled Children and Adults, a ramp was constructed that could be adjusted to 32 different positions, including a variety of combinations of length and pitch. The ramp also had handrails that could be installed on one side or both sides and allowed the handrail heights to be adjusted. The ramp was constructed outside so that varying weather conditions could also be studied. Experiments were made with surfaces that varied in regard to coefficient of friction for safety in both wheeling and walking, and in regard to wearability. For the first tests, 73 individuals volunteered to help with the experiments. These volunteers used wheelchairs for daily mobility and had a variety of abilities. Each volunteer wheeled up and down the ramp several times at every pitch, length and design and combination thereof. Each individual was timed on how long it took to ascend and descend to the tenth of a second. The researchers made observations on the degree of difficulty the participants had during each test. The participants also rated the

“In honor of the 50th anniversary of ICC A117.1, we are once again exploring both the original research and the newest information on compliance. In this article, we will focus on ramps. Changes in elevation are architectural barriers that can be overcome by ramps.”

degree of difficulty they felt they had experienced. The researchers and volunteers rated the degree of difficulty as very easy, easy, moderate, hard and very hard. Impossible ascents and descents were also determined. The researchers created a thesis report on the findings. Another study utilized 104 volunteers who were current or former students of the University of Illinois Student Rehabilitation Center. The archives for the study indicate that there were 104 volunteers, with a breakout of 73 persons who used wheelchairs, 16 semiambulatory subjects and 17 ambulatory subjects. No explanation was given for why the totals don’t match, but some of the volunteers may have used multiple ways to maneuver. The subjects were tested on an adjustable ramp, as well as three sections of sidewalk that were at different pitches. All had comparable surfaces. The subjects were not allowed to use the edge protection or handrails to negotiate the ramp. If the subject touched one of these elements, the trial was concluded and the subject was later retested on a lesser gradient. The four types of elevation changes tested were: • A ramp with edge protection and handrails, 1.4inches/12-inches pitch with a length of 34 feet. • A sidewalk with 1.4-inches/12-inches pitch and a length of 34 feet. • A sidewalk with 0.7-inch/12-inches pitch and a length of 34 feet. • A sidewalk with 0.4-inch/12-inches pitch and a length of 34 feet. (continued on page 14)

LICENSED ARCHITECT • VOL 15 NO. 2 • SUMMER 2011

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ADAADVICE 12 min 305

(continued from page 13)

All the semi-ambulatory and ambulatory subjects were able to use the steepest ramp. Sixty-four of the persons using wheelchairs could negotiate the steepest ramp; 12.3 percent of the persons tested who used wheelchairs could not negotiate the full length of the ramp without using the handrails. All participants could negotiate the 0.7-inch/12-inches pitch ramp. Conclusions from the first studies recommended a steeper slope for short ramps and a lesser slope for longer ramps: Ramp Run

Maximum Rise

Slope

2 feet

3 inches

1:8

8 feet

9 inches

1:10

30 feet

30 inches

1:12

40 feet

30 inches

1:16

The 1961 and 1971 A117.1 standard required a 1:12 slope maximum with landings at 30-foot intervals. Handrails were required on at least one side, with handrails on both sides preferred. Handrails were 32-inches high and were to have extensions a foot past the ramp run at the top and bottom. Landings at the top of the ramp were five feet by five feet. If a door swung onto the landing, at least one foot was required on each side of the door. Ramps had to have a six-foot straight clearance at the bottom. The 1961 A117.1 was utilized to help develop the Uniform Federal Accessibility Standards. Updates Based on New Information Over the years, ramp requirements in the International Building Code® (IBC) and ICC A117.1 have been expanded and coordinated. In addition, the IBC adds safety provisions for guards along drop-offs. The current IBC and A117.1 requirements dealing with ramps still use many of these basic features from the early research, but also have additional items to help improve their use and accessibility. One connection with the past is the fact that existing buildings and facilities may have steeper ramp slopes than generally permitted, but they are very limited. Where space limitations exist, A117.1 Table 405.2 will allow a slope of up to 1:8 or 1:10, but restrict the maximum rise of these steeper ramps to three inches or six inches, respectively. Some of the newer ramp provisions within the standard define a

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12 min 305

ramp as having a slope steeper than 1:20, the Extended Floor Surface imposition of cross-slope Figure 405.9.1 from A117.1-2009 limitations, differences in ramp width, a requirement for handrails, edge protection and separately address specific types of ramps (such as ramps 4 min serving assembly seating 100 areas). Both the IBC and the Curb (a) A117.1 impose a maximum cross-slope Barrier prevents passage of 4 inch limitation of 1:48 (100 mm) sphere (two percent). The with any portion within 4 inch cross-slope is the (100 mm) of floor. slope measured 4 100 perpendicular to the ramp’s main Barrier (b) direction of travel. Figure 405.9.2 from A117.1-2009 Where the crossslope is too great, it can make moving on the ramp in a straight direction very difficult for wheelchair users who must work to overcome the tendency of the chair to turn. If severe enough, it may create situations where a wheelchair or a person’s walker cannot get all of the support points firmly on the floor surface or affect pedestrians by causing their feet or ankles to tip to uncomfortable levels. The width requirements for ramps vary slightly from the original standard because the 36-inch width of the ramp is measured as a clear width between the handrails. And, since handrails are required for any ramp with a rise over six inches, they will typically be the measuring point to determine the ramp’s width. This 36-inch-minimum width matches the general width requirements of an accessible route that is over 24 inches in depth. It is fascinating to see that the 1961 edition of the standard specified that the typical requirements were based on a wheelchair that was 25-inches wide and that people using crutches needed up to 32.5 inches measured between crutch tips. One item not addressed in the original standard that has been in recent editions and was further revised in the A117.1-2009 is the issue of edge protection for a ramp. Edge protection requirements serve to prevent the wheels of wheelchairs from dropping off the edge of a ramp and stranding or injuring the user. They also serve a similar purpose to ensure the tips of crutches or walkers remain on the ramp surface and don’t slip over the edge. The requirements for edge protection provide three basic means for compliance: an extended floor surface, a curb or a barrier. These options can be seen in the figures from the standard (pictured above). Although both the code and the standard require edge protection and handrails, it is important to remember that the building code will also impose a requirement

HORTON AUTOMATICS AUTHORIZED DISTRIBUTOR (Northern Illinois and Northwestern Indiana) (continued on page 41)

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Introduction to

Featured Architects

pages 16-18, 20-22, 24-26, 28-30, 32-34


Featured Architect

At Christner, sustainability is imbedded in our corporate DNA. A sustainable design meets today's needs without compromising future generations' ability to meet theirs. Our work has always been guided by this core principal. It means our buildings are designed to conserve natural resources, provide healthy and productive environments, and enhance organizational and human performance. We apply sustainable design principles from a project's inception through final construction. In our site analyses, we look for ways to improve and regenerate a site’s natural ecosystem. Our architectural analyses identify passive heating, cooling and lighting solutions. We use energy and daylight modeling software to further improve energy performance. Our life-cycle cost analyses allow us to recommend solutions that forecast the lowest ownership cost, while meeting our clients’ sustainability, quality and functional goals. Christner is a 50-person St. Louis design firm offering strategic facility and campus planning, architecture, interior and graphic design, landscape architecture and urban design. With nearly 50 years in business, Christner is recognized for design excellence and for expertise on technically challenging assignments for healthcare, educational and corporate clients. With 18 LEED-accredited professionals on staff, we incorporate sustainable design into every aspect of our practice. We have five LEED certified projects to our credit and seven projects pending certification.

Enterprise Fleet Services – Operations Center, St. Louis, MO LEED Silver Certified, Commercial Interiors, 2004 As the first car rental company to utilize LEED, Enterprise is standing behind a commitment to improve environmental outcomes of their business. Christner designed the facility to achieve LEED Silver certification, incorporating modular components floors and ceilings to create a flexible workplace. The modular components also helped to dramatically reduce air contamination during construction – installation involved no cutting and no dust. We incorporated an under-floor distribution system to give employees individual control over their workplace environment.

Photography: Alise O’Brien

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Featured Architect

Express Scripts Headquarters, St. Louis, MO LEED Certified, New Construction,2007 Christner’s design for this 320,000 sf office building for a staff of 1,500 breaks the building into three wings, configured around a central atrium. Open-plan offices and flexible office furnishings allow staffers to quickly set up temporary workspace for special projects. The project achieved LEED-NC Certification through the coordinated effort of architecture, interiors and site development. The entire building has 10’ high ceilings, which allows the use of energy efficient direct/ indirect fluorescent lighting in open offices. Furniture panels with glass tiles enhance daylight penetration into interior spaces. Lighting in all enclosed spaces (offices, conference rooms, storage rooms, etc.) is on motion sensors. Sustainable materials such as linoleum, bamboo and cork are used throughout.

Photography: Sam Fentress

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Featured Architect

The Sisters of Mercy Convent, St. Louis, MO LEED Certified, New Construction, 2006 The project creates a unified community for retired and infirm nuns and preserves the 1950’s-era core campus building, while creating new residential areas. A 48-unit, 46,000 sf addition provides residential and support space, including, therapy rooms, a community room, chapel, and bedrooms. Enclosed courtyards provide safe outdoor areas for older residents, some of whom have Alzheimer’s. The project complies with LEED guidelines for sustainable design, resulting in an energy-efficient, healthy, and earth-friendly building.

Photography: Christner Inc.

Tarlton Corporate Headquarters, St. Louis, MO LEED Silver Certified, New Construction, 2004 As a fast-growing general contractor and construction manager, Tarlton looked to Christner to create a new, environmentally responsible headquarters for its 50-person staff, adjacent to its service yard. With 40% of the firm’s construction projects self-performed, many employees are routinely out in the field. So, the idea of a headquarters responsive to a ‘muddy boots’ workforce was critically important. The headquarters is designed to be approachable, sustainable, and comfortable for workers from the field, and a showpiece of construction craftsmanship.

Photography: Alise O’Brien

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Featured Architect

IBEW Local No. 697 and JATC Apprenticeship Training Center Merrillville, Indiana

DESIGN ORGANIZATION FIRM OVERVIEW Design Organization is a sustainable planning, architecture and interiors firm with a regional healthcare, learning, and civic environments practice and a national workplace practice. We are focused on defining and meeting our clients’ goals, needs and aspirations. We believe our absolute commitment to unparalleled service has given us the opportunity to practice our passion for creativity and design, which is reflected in our foundation of long term repeat clients. We are collaborative and assemble the best team for each project, expecting each member to use their unique knowledge and experience to advocate respectfully for the owner’s best interest.

IBEW is conscientious, forward thinking, and committed to sustainability and alternative energy. The facility was designed as a living education/training center for the JATC apprenticeship program. An innovative first, built with the sun. Once the steel frame was up, the apprentices installed the PV arrays which provided power for construction. We worked with an Arborist to preserve and enhance wooded areas. Hardwood trees which needed to be removed were milled locally and used as paneling and furniture throughout the facility. A brand focused design feature is the glass enclosed Electrical Service and Information Technology Rooms in the main lobby. IBEW 8.5 Million Construction Cost

We are committed to staff retention, development and opportunity. We invest in the most advanced technology and systems available for communication, design/visualization, documentation (Revit BIM) and project management. Our Leadership Team of Principles, Associate Principles, and Associates are all owners. We believe direct principal involvement from programming to punchlist on all projects, provides our clients with the highest level of experience, knowledge and communication. A principal has never left (only retired), and we have little to no staff turn-over, providing our clients with continuity of communication and retention of intellectual capital.

Photography: Jeff Jacobs Design Organization, Inc.

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Leed Gold Construction/Submitting Completion Date: January 2011 Area: 40,000 sf


Featured Architect

Photography: Barry Rustin Photography

BP Cantera 3 Warrenville, Illinois As part of their western suburban strategy, BP wanted to consolidate the remaining staff located in Chicago into the Cantera Complex in Warrenville. The design reflects BP brand values (progressive, performance, innovative and green). The design expressed a work environment maximizing collaborative areas and connectivity throughout for 600 staff. DO developed new work environment guidelines for workstations, offices, focus booths, touchdown stations, team and conference rooms, corner stores, service stations and digital diners. The first floor included designing a new cafeteria and conference and training center. Branding was included throughout the building, beginning with the lobby renovation and carried through to each functional unit. LEED Certified Completion Date: Spring 2003 Area: 173,000 sf Construction Cost: $25,000,000 Awards: AIA NI Honor Award 2007

Indiana University Health La Porte Hospital Cardiology LaPorte, Indiana DO worked with Indiana University Health – La Porte Hospital to renovate an existing Hospital Cancer Center into needed Cardiology Services. This complex renovation project included, renovation of the existing Linac Vault as a new Heart Cath Lab. The new Electrophysiology Lab, one of the most technically advanced in the country has the only integrated GE bi-plane fluoroscopy, a Cardiolab XT EP and Ultrasound monitoring, Biosense 3D Mapping, and Sensei Robotics in the Midwest.

Photography: Dana Leek Mirage Studios

Completion Date: Phase I: February 2011 Phase II: April 2011 Area: 7,325 SF

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Featured Architect

Photography: Jeff Jacobs Design Organization, Inc.

University of Illinois at Chicago - Lincoln Hall Chicago, Illinois DO’s project team, working in concert with UIC, exceeded UIC’s original goal of LEED Silver certification and achieved LEED Gold, making Lincoln Hall the first LEED certified project for UIC. The project scope consisted of replacing the deteriorating exterior and the entire infrastructure. The design creates "transparency" with a high efficiency glass curtainwall and conserves energy with daylight harvesting. Renewable and recycled materials and products were used wherever possible, such as flooring made from cork, linseed oil and limestone dust. LEED Gold Certified The geothermal mechanical system exceeded expectations for cooling and heating. The addition of 240 photovoltaic modules on the roof which are projected to generate up to 15% of the building’s electrical requirements, which equals approximately 50% of the heat pumps electrical usage. UIC has reported that energy savings had reached more than 30%.

Valparaiso University Donald V. Fites Engineering Innovation Center: Valparaiso, Indiana Area: 18,000 sf The Donald V. Fites Engineering Innovation Center provides the first impression of Campus from the Southwest. The resulting facility will provide an integrated learning environment and reflect the innovative program, advanced technology and sustainability goals of the College of Engineering. At the same time, the design transforms the former service side of the building into a new front door, highlighted by a sunscreen tower that visually reinforces the entrance, and shades the light filled Collaboration Lounge that greets visitors upon entering.

Photography: Jeff Jacobs Design Organization, Inc.

LEED Gold Submittal Completion Date - August 2011

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Featured Architect

Children’s Discovery Museum Normal, Illinois LEED Silver Certified

Francois Associates Architects LLC Bloomington, Illinois Profile Francois Associates Architects LLC was established in 1990 as a general practice of architecture. The firm's experience encompasses not only a wide range of architectural building types - including educational, ecclesiastical, educational, commercial, financial, institutional and residential projects - but also projects ranging significantly in size. Additionally, over fifty percent of the firm's architectural work experience has resulted from the complex delivery of services for building renovations and additions.

The Children’s Discovery Museum was established as an anchor in the urban revitalization plan for historic Uptown Normal. As a certified LEED Silver building, the museum takes advantage of natural daylighting, accessible modes of transportation, efficient mechanical systems, and a myriad of environmentallyfriendly interior materials. The building creates a delightful blend of the contemporary with sensitivity to its historical context. Inside, the building is all about children. Bright colors, exaggerated shapes, and multi-leveled circular clouds activate the multi-purpose spaces as numerous exhibits provide youth with refreshingly new opportunities to discover. A commissioned climbing structure by Luckey LLC of East Haven, CT, held together with wires, netting, and undulating wood platforms, hovers above patrons as they enter the museum. All of these elements combine to create an interactive environment filled with learning opportunities for children.

FAA believes that a general practice of architecture insures a continuing palette of interesting and diverse design opportunities. Each new project provides another learning experience with its own unique demand for an enthusiastic, creative designer. In the long term, the design experience developed in addressing the special needs associated with a variety of project types, enables FAA to approach each new project from a broadbased learning and creative perspective. Clients have noted that in addition to a distinguished portfolio strength, an important firm asset has been FAA's ability to integrate quickly and comprehensively into their client’s existing organizational structures, serving as efficiently and successfully as if they were their own inhouse facilities planning department.

Photography: Ken Kashian

Today's successful practice of architecture isn't only about design nor is it only about service. Instead, it is a combination of the two - talented architects enthusiastically and efficiently delivering services in an everchallenging environment - that insures the success of today's architectural firms.

Photography: Joyce Sauder

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Featured Architect

DESTIHL Restaurant & Brew Works Normal, Illinois DESTIHL calls itself a gastrobreweryTM which creatively combines and reinvents craft beer and full-flavored dishes from America's heartland using many local ingredients and both modern and traditional techniques. Situated adjacent to a successful commercial redevelopment of an outdoor mall, the restaurant is divided into four primary areas, each closely linked to the theme of a brew works. At the entrance guests encounter a large, stylized brewing vat screening the brew masters’ table beyond - a very popular seating location for patrons. This spot orients the organization of the major dining room radiating outward to the adjacent spaces. Beyond the dining area is the bar, sited near a large glazed wall to the brew works, the interior space’s visual anchor where DESTIHL brews dozens of craft beers seasonally throughout the year.

Photography: Bruce Clark

Mirus Research Normal, Illinois When Mirus Research was looking to find a new home for its offices, they found a partially renovated building - a former coal-fired power plant for a 19th century Soldiers’ and Sailors’ Children’s School campus in the Town of Normal. Half of the building had previously been renovated as a residential condominium. In an effort to preserve an opportunity for employees to enjoy the integrity of the original building’s interior envelope, FAA inserted a sleek twostorey office within the space, leaving a breezeway surround to conceptually create a building-within-abuilding. The interior material palette juxtopositions the light and contemporary - defined by light-colored beech, natural aluminum and painted drywall - against the brutality of the concrete and brick of the building shell. The composition is a delightful blend of technologically modern within a historical and industrial shell. The result is a stylish office providing employees with a window seat in a building respectful of its past and conscientiously making the best use of energy to condition and light the space.

Photography: Bruce Clark

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Featured Architect

Private Residence Illinois Mackinaw River Valley Siting of this prairie-style home was of particular concern to the Owners. A strong commitment to retain their privacy as well as the character of the site resulted in creating staged access via a long drive cresting over a low hill through a small grove of native trees overlooking the river. From the site entrance the residence visually suggests a modest single-storey home. Its articulated volumes create a delightful interplay of forms that provide ample opportunity for daylight to naturally stream through the interior spaces and light the rich palette of indigenous materials. The view from the river below provides a sharp contrast to the one provided from the entrance drive. From this perspective it is evident that the residence was designed to take full advantage of both the earth and sky. In addition to embedding a significant portion of the structure into the river bluff, the use of passive heating of stone floors, geothermal conditioning and daylighting work symbiotically to provide an energy-efficient, comfortable interior space from which to enjoy life in a most spectacular Midwestern manner.

Photography: Joyce Sauder

Photography: Bruce Clark

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Featured Architect

JGMA is a progressive design firm backed by a broad range of expertise and more than two decades of experience among its founding members. Our entire team represents a diverse collaboration of experienced architectural professionals with a vast portfolio of public and private work. We have successfully executed large and complex planning and design projects in North America, Latin America, and internationally.

JUAN G. MORENO President

At JGMA we pride ourselves on our consistent attention to social responsibility, environmental stewardship, contextual interaction, artistic expression, and technical detail. With this in mind we are committed to formulate consistently unique solutions to every design opportunity we encounter. Our core values are essential to our designs. We believe that everyone can benefit from, and deserves well designed architecture. Regardless of budget constraints, we believe that quality architecture should be available to everyone. In addition to our social agenda, we also consider the role we play as architects and the effects our actions have on the environment. In every project we take on, we strive for solutions with the least impact with regards to resource and energy consumption. At JGMA our approach to ecologically sensitive design is holistic and fully integrated into every aspect of our practice. We see sustainability as an integral part of the design thought process, present in every action and decision from the very incipient stages of a project to the post occupancy feedback.

SMITH ELECTRIC VEHICLES NEW HEADQUARTERS Kansas City, MO Client Smith Electric Vehicles JGMA is currently designing Smith Electric Vehicles (SEV) new headquarters in Kansas City, Missouri. The new facility will be used to develop and assemble the United States first zero-energy commercial electric truck. The 100,000 sq.ft. program includes research and development areas, administrative areas, and an assembly area. SEV challenged JGMA to design a facility that would educate and inspire visitors and employees on a daily basis. JGMA’s response was to design a facility as a living laboratory where all aspects of sustainability could be tangibly experienced and used to develop improved efficiency over the life of the building.

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Featured Architect

UNO Elementary School Chicago, IL CLIENT United Neighborhood Organization [UNO] (Under Construction) United Neighborhood Organization (UNO) is embarking upon a master plan that will embrace soccer and the notion of soccer as a link between community, family, education, health, and nutrition as the catalyst for this master plan. The first project in this master plan will be the 65,000 sf UNO New Elementary School. The plan has been organized such that students will always experience a connection between the interior learning environments and the exterior (community). All corridors are placed along exterior walls and no interior corridors exist. The project is currently under construction, scheduled to be completed by September 2011, and is pursuing LEED Silver Certification.

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Featured Architect

INSTITUTO HEALTH SCIENCES CAREER ACADEMY HIGH SCHOOL Chicago, IL Client Instituto del Progresso Latino (Under Construction) Instituto Health Sciences Career Academy High School (IHSCA) is a new charter high school founded by Instituto del Progreso Latino (IPL). It will serve 600 youth from Chicago communities and be the first dedicated career academy dedicated to the health sciences in the state of Illinois. The project represents the complete transformation and repurposing of an existing 3-storey, 77,000 sq. ft. brick and heavy timber building. Existing exterior brick walls will be clad in a new, high performance skin, or "rain screen" technology, that will dramatically improve the thermal performance of the building envelope and the "health" of the facility. The program components are arranged to promote learning and casual interaction between the students and faculty.

Existing Building

Copper Rain Screen

Metal Rain Screen

Curtain Wall

Green Roof BUILDING COMPONENT DIAGRAM

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LEGALISSUES (Continued from page 8)

"replacement" within a professional standard, and did not expand the scope of their duties. Unanimously, the Illinois Supreme Court reversed the appellate court. The court held that the word "replace" was unambiguous in the contract, and further held that the contract limited the duty to replacement of the bridge deck, not improvement of it. The standard of care language applied only to the scope of work in the contract: "replacing," not "improving," the bridge deck. Because the contract established the scope of duty, it was error for the appellate court to look outside of the contract, i.e., utilize the expert affidavit. The Illinois Supreme Court’s reversal made clear that contractual duty is determined solely by examining the contract terms. If those terms are not ambiguous, then the court will not go beyond the four corners of the contract in determining the design professional’s duties. Had the intermediate appellate court opinion stood as law, then regardless of whether a defendant complied with all of its contract obligations, it could still potentially be subject to liability by way of expert testimony swearing that the design professional should have gone above and beyond the contract. Obviously, had that ruling been upheld, this would have represented a tremendous expansion of exposure for architects and engineers. Finally, the case also reiterated some useful, well-settled guidelines to be followed in the interpretation of contracts: 1. "A court will first look to the language of the contract itself to determine the parties’ intent."

2. "A contract must be construed as a whole, viewing each provision in light of the other provisions." 3. "The parties’ intent is not determined by viewing a clause or provision in isolation, or in looking at detached portions of the contract." 4. "If the words in the contract are clear and unambiguous, they must be given their plain, ordinary and popular meaning." 5. "If the language of the contract is susceptible to more than one meaning, it is ambiguous." 6. "If the contract language is ambiguous, a court can consider extrinsic evidence to determine the parties’ intent." 7. "A contract is not rendered ambiguous merely because the parties disagree on its meaning." Of course, contract law differs from state to state. Thompson is binding law only in Illinois. However, regardless, it again serves to emphasize the importance of careful attorney review of any contract, before signing. As in Thompson, a party can be protected from liability solely due to the language in its contract.■

Shawn E. Goodman SABO & ZAHN, LLC 401 North Michigan Ave., Suite 2050, Chicago, Illinois 60611 (312) 655-8620 • Fax: (312) 655-8622 Website: www.sabozahn.com Email: sgoodman@sabozahn.com

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Featured Architect

The Kubala Washatko Architects, Inc. (TKWA) is a full service architectural, planning, and interior design firm providing award winning expertise for a wide range of project types, including: Nature and interpretive centers, museums and cultural centers, libraries and universities, mixeduse commercial and retail, office buildings, urban farm facilities, performing arts centers, religious institutions, multi and single family residential, cultural creative communities, urban design, sustainable design, and master planning. Active TKWA projects are located throughout the United States and in Costa Rica. The firm was founded in 1980 by principals Tom Kubala and Allen Washatko. We are registered as a corporation in the state of Wisconsin, and our firm currently employs 30 professional and support staff members. In 2006, TKWA received the AIA Firm Award, which is the highest honor given by the state’s professional service organization. TKWA embraces a design philosophy of Wholeness, where the built environment supports and enhances both human activity and natural living systems. The idea of sustainability is a natural extension of wholeness-based thinking and is integrated into every studio project. Design services include: Community and master planning, Architecture, Interior Design, Historic Preservation, Interpretive Planning, and LEED® Certification. Throughout the firm's nearly 30-year history, TKWA has received over 80 state and national awards for design. TKWA has also received two national AIA Committee on the Environment (COTE) Top Ten Green Projects Awards. TKWA projects have been published in five languages and in over a dozen countries.

First Unitarian Society Meeting House Madison, WI In 2008, the First Unitarian Society of Madison completed a major new addition to its Frank Lloyd Wright-designed National Historic Landmark Meeting House. The 20,000sf addition includes a 500seat auditorium, plus office, meeting, kitchen, fellowship, and music rehearsal space. This project integrates sustainable thinking in a forward-looking, historically sensitive, and beautifully crafted building that is a contemporary expression of Wright's Organic Architecture. Together, the new and the old create a whole that is in harmony with its surroundings and the environment. Recipient of the 2011 AIA COTE Top Ten Green Projects Award.

©The Kubala Washatko Architects, Inc. / Zane Williams

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Featured Architect

Leopold Legacy Center Baraboo, WI The 12,000sf Aldo Leopold Foundation headquarters includes office and meeting spaces, interpretive exhibit hall, archive, workshop, and threeseason hall. The Center was envisioned as a small complex of structures organized around a central courtyard. Built where Aldo Leopold died fighting a brush fire in 1948, the Center provides a trailhead to the original Leopold Shack for visitors from around the world. The Center is a LEED Platinum, ‘zero net energy’ building that is the first to be recognized by USGBC as carbon neutral in operation. Recipient of the 2008 AIA COTE Top Ten Green Projects Award.

©The Kubala Washatko Architects, Inc. / Mark Heffron

Milwaukee Public Market Milwaukee, WI The Milwaukee Public Market provides a new year-round venue for local farmers and specialty food vendors. It also offers a catalytic new public gathering place and visitor destination. For the building design TKWA took a traditional idea - that of an old European-style public market - and expressed it in contemporary form. The use of steel, glass, and brick honors the Third Ward’s historic industrial warehouse roots while allowing for a transparent, airy interior that incorporates significant sustainable design features. 2006 AIA Wisconsin Honor Award recipient.

©The Kubala Washatko Architects, Inc. / Mark Heffron

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Featured Architect

Iron Horse Hotel Milwaukee, WI Originally built in 1907, this historic 100,000 square foot brick and heavy timber structure is an outstanding example of early twentieth century factory/warehouse design. The client’s objective was to create an upscale boutique hotel catering to both motorcycle enthusiasts and business travelers, an industry first. Completed in 2008, the Iron Horse Hotel is designed to accommodate 100 loft style rooms on five floors, blending the authentic, rough character of an historic industrial building with the amenities found in a modern boutique hotel. Named a 'Top Destination' by Conde Nast Traveler and 'Boutique Hotel of the Year' by BLLA.

©The Kubala Washatko Architects, Inc. / Mark Heffron

Growing Power Vertical Farm Milwaukee, WI Growing Power, Inc. is a non-profit organization and land trust supporting people from diverse backgrounds and the environment in which they live by helping to provide equal access to healthy, highquality, safe and affordable food. TKWA was hired to develop the master plan and concept design for a five-story vertical farm and warehouse facility that supports production, classroom training, conferences, meal preparation, and offices, while serving as a model of ecological sustainability. Currently in active fund raising, the project will be one of the first vertical farm facilities in the world. ©The Kubala Washatko Architects, Inc.

Urban Ecology Center Milwaukee, WI The Urban Ecology Center is an accessible role model for other institutions seeking to incorporate sustainable principles in their own construction projects. The facility was completed on a scale and within a budget that can be achieved by using practical, repeatable design ideas and techniques. Located on a tight city lot, the TKWA design team was challenged with incorporating the required 19,000 square feet of program space on site. The most significant issue was to design the building solar orientation for maximum benefit while creating pedestrian-scaled connections to the street entrance, to the adjacent park, and to the city bike path. ©The Kubala Washatko Architects, Inc. / Mark Heffron

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Association of Licensed Architects Continuing Education

An Introduction to the Passive House Standard by Mark A. Miller, Principle of Mark A. Miller Architects/Builders Inc.

Learning Objective: After taking the course the reader will understand: 1. Today’s Context and the growing "Green Movement. 2. History of how the super-insulated building shell developed in the United States and Canada and evolved into the Passive House movement. 3. Passive House building techniques and their benefits. 4. The architectural process integrating the Passive House Building Energy Standard Certification. Today’s Context: Why We are Turning Towards "Green" The earth finds itself in a precarious position these days. It took 150,000 years to create the first billion human inhabitants on earth. Today it only takes an average of 12 years to make 1 billion inhabitants, and this is why we are approaching a world population skyrocketing past 7 billion humans. The problem becomes feeding, housing, educating, transporting and healing this many people—all against the backdrop of shrinking productive agricultural acreage, ever-increasing pollution, and depletion of finite natural resources. The "world clock" at - http://www.poodwaddle.com/clocks/worldclock provides staggering numbers and great perspective. This is why there is an increasing concern on the health of our life supporting system--what Buckminster Fuller used to call our "space ship Earth." He also proclaimed, "There are enough materials on the earth that if used efficiently and distributed equitably, all of human kind could live a very comfortable life". The earth simply cannot sustain life on the trajectory we’ve been on. Reduction and stabilization of population, consumption, pollution, and waste are critical to moving us into the next era of sustainability and balance. Because the building sector is responsible for at least 40% of harmful CO2/greenhouse gas emissions, the building community is striving to reduce the impact of our creations on mother earth. When I finished my architectural degree at the University of Arizona back in the late 80s, where I specialized in passive solar design, I was disappointed to find very few clients interested in a more sustainable building approach. Today I am pleased to see numerous articles daily on green design; many organizations and websites championing the cause such as LEED, Energy Star, Green Globes, the energy rating community, green conventions and green committees in our architectural community. One especially noteworthy effort is the Architecture2030 challenge (www.architecture2030.org). Ed Mazria—one of the heroes in the passive solar design community—led the Architecture 2030 Challenge. It asks the global architecture and building community to adopt the following targets: • All new buildings, developments and major renovations shall be designed to meet a fossil fuel, GHG-emitting, energy consumption performance standard of 50% of the regional (or country) average for that building type.

• At a minimum, an equal amount of existing building area shall be renovated annually to meet a fossil fuel, GHGemitting, energy consumption performance standard of 50% of the regional (or country) average for that building type. • The fossil fuel reduction standard for all new buildings and major renovations shall be increased to: - 60% in 2010 - 70% in 2015 - 80% in 2020 - 90% in 2025 Carbon-neutral in 2030 (using no fossil fuel xGHG emitting energy to operate). What is Passive House? Over the past decade, the U.S. building community has become aware of the Passive House (Passivhaus as it’s known in Germany) Building Energy Standard. The Passive House standard meets the Architecture2030 challenge— right now. The term "Passive House" refers to— • Specific, stringent, measurable energy performance standard. • A design approach to meet that standard in residential and commercial new construction and retrofits. It’s critical to note: The standard can be met using a variety of fundamental approaches and existing technologies, designs and materials. It does not rely on any magic-bullet technologies. It does not dictate what a building looks like, and it can be applied to all types of buildings—not only residences. I like to summarize it as an envelope-focused, holistically integrated systems approach to designing the performance of a building to meet higher and higher efficiency and comfort benchmarks. Passive Houses achieve a comfortable indoor environment in summer and in winter, without needing a conventionally sized heating system. This is achieved by dramatically reducing a building’s annual demand for space heating/cooling: The standard mandates that it cannot exceed 4.75 kBtu/sf/yr. The minimal space heating requirement can usually be (depending on specific climate) supplied by heating the supply air in the ventilation system. Similarly, small "split" units can supply any necessary cooling requirements in cooling climates. It’s important to clarify that Passive House does not mean passive solar. The standard has been named Passive House because the passive heat inputs – delivered externally by solar radiation through the windows and provided internally by the heat emissions of appliances and (Continued on page 36)

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Association of Licensed Architects Continuing Education (Continued from page 35)

occupants – are precisely balanced according to climate to keep the building at comfortable indoor temperatures throughout heating and cooling seasons. Goals of The Passive House Approach Compared to conventional, comparable existing buildings, the Passive House Standard reduces the space conditioning energy load for new buildings by 90%. The Passive House Design standard is a performance based and verifiable Building energy metric that has been established based on global carbon reduction needed to avert the climate crisis as well as future costs of fossil fuels (peak oil) and therefore the economic feasibility to society. Energy supply/demand is projected to keep increasing to 2030. The Passive House design philosophy is that by dramatically reducing demand, we will be able to meet the reduced demand with renewables (whose efficiencies are continuing to increase over time), thus obtaining a sustainable and pollution-free supply/demand balance. This is imperative for the well being of future generations. To achieve these goals, Passive House design approach builds upon two basic principles:

Key features: - Walls: Double Stud, R-30 - Vapor Barrier - Triple-glazed windows

- Roof: R-40 - Air Tight Construction

1974-76: At the University of Illinois, Wayne Schick and team develop the "Lo-Cal" house. Wayne Schick coins the term "super-insulation".

One: Optimize What is Already Essential What makes the approach cost-efficient is that, following the principle of simplicity, it relies on optimizing all the fundamental, conventional components of a building: the building envelope, the windows, and the mechanical ventilation system. By optimizing the efficiency and performance of these components, the need for conventional heating and cooling systems is eliminated. The savings from dramatically shrinking heating/ cooling equipment largely pay for the envelope upgrades. Two: Minimize Losses Before Maximizing Gains Passive Houses are rigorously designed to prevent available heat from escaping in heating climates, and keeping heat out in cooling climates. Both the computations carried out with theoretical models and the practical experience gathered with numerous projects show that, in a variety of North American climates, such a strategy is fundamentally more efficient than strategies relying primarily upon passive or active solar energy use. Evolution of Super-Insulation and Passive House Oddly enough, even though the Passive House Standard was developed in Germany, it has its roots in the concept of the "super-insulated" house; that concept was developed in the United States and Canada. The North American lineage of Passive House goes like this:

Key Features: - Ventilation system with air-to-air Heat Exchanger - Wall: 12" Thick, R-44 - Peak load @ -10F: 3000W (10,640 Btu/Hr) - Roof: R-60 - Insulated shutters increased window U-Values at night

1978: Saskatchewan House was built in Regina, Saskatchewan by Harold Orr to publicly demonstrate the value of superinsulation and air-tight construction. It was equipped with a ventilation system with an air-to-air heat exchanger. Experimental evacuated-tube solar panels were included but were not needed and later removed. 1979: Leger House by Eugene Leger in East Pepperell, Mass., looked like a traditional American home. The house was heated by its own water heater.

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Association of Licensed Architects Continuing Education

1980s: The Saskatchewan House and the Leger House inspired many builders to pursue super-insulation during the early 80s. A conservative estimate of total super-insulated homes in 1985 in the United States and Canada is 10,000. The development of super-insulated houses slowed with the return of super low energy prices. The exception: the Rocky Mountain Institute led by Amory Lovins continued to champion sustainable dwellings through the 80s and 90s in the United States. (www.rml.org) While interest in energy efficiency largely waned in the United States, Europe faced a different energy reality. And two European physicists—Dr. Bo Adamson and Dr. Wolfgang Feist—refined super-insulation design, complemented with other design approaches to develop the Passive House standard and design process. 1990: The Darmstadt Passive House: Dr. Wolfgang Feist builds the first prototype Passive House based on optimization of these early super-insulation work in North America and Canada.

Bringing Passive House Back Home In recent years, Passive House has migrated back to North America. One of Dr. Feist’s early followers and students— architect Katrin Klingenberg—built the first Passive House in the United States in Urbana, IL. She led efforts to build affordable housing units to the Passive House standard in partnership with the city of Urbana. She and building partner Mike Kernagis founded Passive House Institute US in 2008. Since then, they have trained and certified nearly 200 Certified Passive House Consultants in the United States and Canada. Passive House Alliance—a chapter-based alliance of architects, designers, builders, students and manufacturers—was founded in 2010. Applications: It’s important to note that despite the implications of the term Passive House, the standard and design approach is applicable to all types of buildings. Over the past 20 years, it’s been successfully executed on multiple building types: • Residential Single Family • Commercial & Schools • Retrofit Commercial

• Residential Multi Family • Retrofit Residential

The Tenets of Passive House Design: Technique This article has limited space to go into detail, but I would like to touch on some of the techniques encouraged in the Passive House approach.

Goals: • 60-70% reduction in overall energy consumption compared to code base line • 90-95% reduction of heating and cooling energy consumption 1996: Passivhaus Institut (PHI) founded by Dr Wolfgang Feist in Darmstadt, Germany. Performance Criteria for Passive House Envelope set: • Specific heating demand of =<15 kWh/(m2yr) [4756 Btu/ft2/yr] • Specific cooling demand of =<15 kWh/(m2yr) [4756 Btu/ft2/yr] • Specific primary energy demand of =<120 kWh/(m2yr) [38 kBtu/ft2/yr or 11.1kWh/ft2/yr] • Air tightness of 0.6 ACH at 50 Pascal Note: The area of the building is the conditioned interior floor area (TFA) not the typical U.S. floor area calculated based on the exterior building dimension.

Strategic Design & Planning The main tool used in designing and building to the Passive House Building Energy Standard is the Passive House Planning Package (PHPP) software. It is an elaborate, very detailed 30page spreadsheet that models and analyzes the performance of all building elements of the project design. The summary verification page is constantly updated as the designer changes elements in "what-if" scenarios. The verification pages tells the designer how much above or below the project design is relative to the three main goals of Passive House: • Specific heating demand of =<15 kWh/(m2yr) [4756 Btu/ft2/yr] • Specific cooling demand of =<15 kWh/(m2yr) [4756 Btu/ft2/yr] • Specific primary energy demand of =<120 kWh/(m2yr) [38 kBtu/ft2/yr or 11.1kWh/ft2/yr] The beauty of this tool is that the user can add an inch of extra insulation to an area, and instantly see its impact to the annual efficiency goals. The designer can try adding, deleting or moving a window and immediately see how it affects performance. It’s a very powerful decision making tool that accounts for the synergy of all components, evaluated as a whole. Fuller would be proud. Specific Climate, Siting and Sizing Passive House Planning Package (PHPP) Software uses (Continued on page 38)

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Association of Licensed Architects Continuing Education (Continued from page 37)

detailed annual weather data as close to the project site as possible. Because climate varies widely in North America (and from Central Europe where Passive House was originally developed), Passive House Institute US often generates custom climate datasets at the request of architects and designers. This ensures that heat gains and losses are calculated based on a site’s actual weather history. PHPP also takes into account the effects of the building location on the site; orientation and size of windows/ shading are fine-tuned. Passive House theory favors a surface area to volume ratio close to 1 (the more square the more efficient). Super-Insulated Envelope The Passive House mantra is, "Keep your conditioned air "IN" then you won’t spend money on replenishing it. UValues for roof, walls, and floor shrink or grow according to climate to hit the standard. Continuous un-interrupted insulation is required: Floor to wall to roof. No gaps! (They exponentially increase water movement into an assembly.) Likewise, no typical pipe penetrations or pipe routing in outer walls; overall design requires some creative CONSCIOUS detailing at all intersections. Advanced Windows & Doors Windows have always been the weak link for transmittance and air-tightness (ACH). Therefore Passive House pays special attention to these elements. In some climates, high performance windows, certified by the PassiveHaus Institute, need to be specified. Passive House design accounts for U-values of components and overall U-Values. Insulated spacers and frames; multi-point locking hardware; multiple air tight gaskets are typically required. U values ≤ 0.14 btu/hr-ft2-Fº and solar heat gain coefficient > 50%. Thermal Bridge Free Detailing It is critical to minimize energy losses. Thermal bridges greatly reduce energy performance. Ideally details are designed to avoid thermal bridges entirely. Where unavoidable, special Therm calculating software is used to assess the effects on annual performance, maximizing the accuracy of the energy analysis. Most issues occur where horizontal planes intersect vertical planes; at the top of the foundation and through structural elements. Freestanding balconies are favored over the typical cantilevered balconies, which stop this common thermal bridge. Air-Tight Envelope Air Infiltration brings in more moisture than transmittance. By preventing air "leaks" in and out of the building, drafts are eliminated, temperature is carefully regulated and moisture is kept out of the wall assembly. A rigorous blower door specification of ≤ 0.6 ACH at 50 pascals is part of the requirements for a project to make certification. Blower door

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tests are usually done after insulation to allow the contractors to "tighten-up" any air leaks prior to drywalling, when it’s too late. Energy Recovery Ventilation Passive House looks at a building in a one comfort zone theory. Combining efficient heat recovery with supplementary supply air heating, structures built to Passive House standard have a continuous supply of fresh air, optimized to ensure occupant comfort. The flow is regulated to deliver precisely the quantity required for excellent indoor air quality. A high performance heat exchanger is used to transfer the heat contained in the vented (exhaust) indoor air to the incoming fresh air. The two air flows are not mixed, and a minimum of 80% of the energy is conserved. Space Conditioning Options By seriously reducing the energy demands of a project, it becomes much easier to create the additional heating or cooling required for comfort in a given climatic zone. Smaller mechanical systems are the result. Since Passive House is concerned with overall performance, how one supplies the needed conditioning is open to the designer. Where conventional homes require large renewable energy systems to meet their large and wasteful demands, the Passive House approach is the most frugal way to get to a net zero project. Project Certification Process Passive House Institute US is authorized by Passivhaus Institut (PHI) in Germany to certify Passive House projects in the United States. Typically, a Certified Passive House Consultant— who has been trained extensively in Passive House principles and in PHPP—is part of the design team. If you would like to receive a PDF summarizing the Passive House integration into the traditional Architectural Process, please email me at mark@zenplusarchitecture.com. For the design architect, the Passive House Standard, it’s approach and experience is a great new tool for scientifically designing high performing-energy efficient buildings.■ Mark A. Miller is a Passive House trained architect in Chicago and principle of Mark A. Miller Architects/Builders Inc. He is also CoFounder/CoPresident of the Passive House Alliance Chicago, a local chapter of the national non-profit organization created to support the Passive House building energy standard through public outreach, education, support of industry professionals and advocacy. For more information:

www.passivehouse.us www.PHAlliance.com www.zenplusarchitecture.com


Association of Licensed Architects Continuing Education

ALA Continuing Education Questionnaire -

An Introduction to the Passive House Standard Learning Objectives: After taking the course the reader will understand: 1. Today’s Context and the growing "Green Movement. 2. History of how the super-insulated building shell developed in the United States and Canada and evolved into the Passive House movement. 3. Passive House building techniques and their benefits. 4. The architectural process integrating the Passive House Building Energy Standard Certification. Program Title:

An Introduction to the Passive House Standard ALA/CEP Credit: This article qualifies for 1.0 HSW LU of State Required Learning Units and may qualify for other LU requirements. (Valid through June 2013.) Instructions: • Read the article using the learning objectives provided. • Answer the questions. • Fill in your contact information. • Sign the certification. • Submit questions with answers, contact information and payment to ALA by mail or fax to receive credit. QUIZ QUESTIONS 1. Why is there an increase in attention to "Green Design"? a. Peak Oil b. Overpopulation c. Dangerous levels of pollution d. All of the above

3. Which of these is not a definition of Passive House? a. A verifiable building metric b. A design approach c. 1970’s Passive Solar w/thermal mass Design d. An envelope-focused, holistically integrated systems approach 4. Which are main tenants of Passive House Philosophy? a. Simplicity b. Maximize Gains c. Minimize Losses d. Focus the budget on renewable technologies 5. The history of "Super-Insulated" houses evolving into Passive House includes: a. The "Low Cal" House b. The Saskatchewan House c. The Darmstadt Passive House d. All of the above 6. Performance Goals needed to reach PH certification include: a. Specific heating demand of 4.75 kBtu/ft2/yr b. Specific cooling demand of 4.75 kBtu/ft2/yr c. Primary energy demand of 38 kBtu/ft2/yr or 11.1kWh/ft2/yr d. Blower door test of 0.6 ACH50 e. All of the above

2. The building sector is responsible for what percentage of green house gas emissions to global warming? a. 10% b. 20% c. 30% d. 40%

Contact Information:

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10. The first Passive House in the United States was built in Urbana, Illinois by Katrin Klingenberg. a. True b. False

■ Please send me a certificate of completion (required by certain states & organizations) that I may submit.

Fax: 847-382-8380 Address: Association of Licensed Architects, 22159 N. Pepper Road, Ste. 2N, Barrington, IL 60010 Attn: ALA/CEP Credit

Address: City:

Expiration Date:

9. To ensure an air-tight envelope, blower door tests are usually done: a. Before insulation b. After insulation

Your test will be scored. Those scoring 80% or higher will receive 1 LU HSW Credit.

Firm Name:

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8. Which of the following are benefits of a very air tight envelope? a. Reduces drafts b. Temperature easier to control c. Keeps moisture out of assemblies d. Reduces loss of conditioned air e. All of the above

PAYMENT: ALA/CEP Credit or Certificate of Completion: Cost: $15 (ALA Members) $20 (non-members) ■ Check or ■ Credit Card

Last Name:

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7. Based on the performance needs for high performing windows in a Passive House Project, which window type inherently is the better choice? a. Double Hungs b. Sliders c. Casements

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Certification: (Read and sign below) I hereby certify that the above information is true and accurate to the best of my knowledge and that I have complied with the ALA Continuing Education Guidelines for the reported period. Signature:

Date: LICENSED ARCHITECT • VOL 15 NO. 2 • SUMMER 2011

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CONTRIBUTEDARTICLE

The Inherent Difficulties of Defense/Indemnity Requirements by Michael G. Welbel, M.G. Welbel & Associates

“Consultant agrees to defend and indemnify owner against any lawsuits, claims damages, liabilities losses, expenses including attorneys fees that may arise, or allege to have arisen, out of or in connection with Consultant’s performance of the services or any part thereof whether or not due or claimed to be due in whole or in part to the fault of the Consultant.” ound familiar? The above language and similar versions are commonly found in owner drafted professional service agreements. This short sixty one word "indemnification" paragraph might, at first blush seem reasonable if not innocuous but the obligations imposed on the unsuspecting design professional can be devastating. Provisions such as these usually fall under the title of Indemnification. Indemnification is a legal concept where one party is obligated to cover the losses of others. This might be by operation of law or by contract. A liability insurance policy is one example where the obligation is voluntarily assumed by contract. However the above language requires more than indemnification, it also requires the consultant to defend its client. Therefore the above is a defense and indemnity provision with two distinct obligations. Each of these obligations is triggered by different events. The obligation to indemnity is triggered by a finding of negligence, presumably by a court of competent jurisdiction. However the obligation to defend is triggered by the service of summons and complaint. Anyone who has dealt with professional liability claims knows that complaints contain multiple allegations; some might be true and others might be false. The obligation to defend by its very nature precedes any finding of liability on the part of the consultant because it is based on what some unknown third party might allege regardless of the veracity of the statements contained in the complaint. Two California court decisions have sharpened the focus on the problem faced by design firms when forced to agree to defend and indemnify a client. In June of 2008, the California Supreme Court handed down its decision in Crawford v. Weathershield Manufacturing. In this case, the court ruled that because of the language of the contract and other statutes, the subcontractor was required to pay the defense costs of the developer even though the finding at the trial was that the subcontractor was not negligent. In January 2010 another court relied on the Crawford decision to extend the defense obligations to an engineer. In this case, UDC v. CH2MHill the court ruled that under a statute regarding contractual indemnity clauses, the engineer was obligated to pay the defense costs of the developer even though a unanimous jury found that the engineer had no liability.

Due to a legislative campaign mounted by the ACEC-CA a California law was recently enacted that applies to contracts between design professionals and local public agencies. The law now requires both defense and indemnity obligations be tied to the negligence, recklessness or willful misconduct of the design professional. The new California law offers no protection to design professionals practicing in Illinois however it is helpful because it shines a light on the problem. The cost to defend professional liability cases can be very large. In the CH2MHill case defense costs are reported to be over 400,000. In addition, the cost to defend a third party under these circumstances is most likely uninsured. The desire of owners to shift the risk of construction claims to a third party is on one hand understandable if the owner is not at fault. However, a defense/indemnity provision like the one above creates an unfair result and likely impractical solution. Crawford and CH2MHill vividly demonstrate why separate defense obligations are unfair. In addition, if the consultant is uninsured for this obligation there are likely insufficient resources to pay for the owner’s defense. When reviewing agreements for potential new projects, care must be taken to avoid assuming obligations that expose your firm to risks beyond your control and those that are not tied to your negligence. You must also question whether or not a contractual undertaking exceeds the scope of your insurance coverage. Therefore when faced with an indemnification provision that imposes a separate defense obligation it is important to consult your legal and insurance consultants to understand the potential coverage issues as well as possible solutions.■

“The cost to defend professional liability cases can be very large. In the CH2MHill case defense costs are reported to be over 400,000.”

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©Michael G. Welbel M. G. Welbel & Associates 650 Dundee Rd. #170 • Northbrook, IL 60062 www.mgwelbel.com


ADAADVICE (continued from page 14)

for guards where the drop-off at the edge of a ramp or landing is more than 30 inches above the adjacent ground level. Overall, these requirements have not changed much in recent years, but the A117.1-2009 does provide more detailed provisions for the curb or barrier options. The biggest change is that the standard provides a separate section for each option and specifies the minimum height of the curb as being four inches. The previous edition of the standard did not specify the curb height, but used more performance-based wording that ultimately should have provided the same requirement. The difference can still be seen by looking at the requirements for the barriers in A117.1 Section 405.9.2.2 and Figure 405.9.2(b). While a four-inch curb will ensure that a four-inch-diameter sphere cannot have “any portion” pass within four inches of the floor, the barrier figure illustrates that, if a bar or curb was only provided at a two-inch height, the sphere passing above that height would still have had a “portion” of the sphere within four inches of the floor. Another change in the ramp provisions users should be aware of is that an exception was added into Section 405.1 of the A117.1-2009 standard. This “new” exception is really just clarifying the application of the provisions and pointing out that when a ramp is not being used for an accessible route, the provisions of the standard do not apply. By specifically stating that aisle ramps adjacent to seating in assembly areas are not regulated by Section 405, this exception will help clarify ramped aisles in assembly areas may have a maximum slope of 1:8 when it is not an accessible route. Although this has been the intent, it was not clearly stated. The building code will allow ramps in assembly seating areas that are not used for access to and from the accessible wheelchair spaces to have a maximum slope of 1:8 instead of being limited to the 1:12 slope that is required for a ramp on an accessible route. Hopefully, this added text within the standard will help to clarify and reinforce that the ramp requirements of the standard only apply where the ramp is serving as an accessible route. Ramps will continue to provide one of the main ways to make level changes accessible both within and from a building. Although the details may have changed over the years, the work that the original A117 committee did can still be seen in the standard and continues to make buildings accessible even 50 years after they were first developed. It is hoped that the recent changes will continue to improve access well into the future.■

Legal Services for Architects (Referred by ALA Chapter Boards)

Illinois

Minnesota

Helping design professionals find creative, common sense solutions to their legal problems.

Wisconsin

This article originally appeared in the April 2011 issue of the Building Safety Journal Online®, copyright International Code Council, and is reprinted with permission.

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CODECORNER

by Kelly P. Reynolds ALA Code Consultant

ANSWERS TO RECENT CODE QUESTIONS Here is a compilation of code questions I have answered from ALA members. I hope you find this information useful. ■ QUESTION: "When is rooftop access required for mechanical equipment access?" Answer: IBC Section 1009.11 requires a stairway to the roof where the building is located 4 or more stories above grade. Where the building is less than 4 stories the IBC does not require access to the roof. IMC Section 306.5 requires access to a roof that exceeds 16 feet in height from grade where mechanical equipment and appliances are installed on the roof. This section also has the minimum design criteria for permanent ladders. IN A BUILDING that is less than 4 stories but greater than 16 feet in height with mechanical equipment installed on the roof, a permanent approved means of access must be provided to the roof. That access can be via a ladder that meets the requirements of IMC Section 306.5. If the building is 4 or more stories in height a stairway is required by the IBC. ■ QUESTION: "When is a unisex bathroom permitted? Must it be handicapped accessible?" Answer: The International Plumbing Code permits a unisex (single) bathroom for an occupancy of 15 or less people. This occupant load of 15 includes the aggregate total of both employees and customers. If only one restroom is permitted, then it must meet the handicapped requirements and be accessible. ■ QUESTION: "Can a gymnasium install a unisex bathroom to save on having to provide a male and female shower?" Answer: NO. The code limits the occupancy load to 15 persons or less for unisex. (Although a co-ed shower room does sound like fun!) ■ QUESTION: "We have a series for fire doors that require signage. What method of securing the signs onto the doors is permitted? Can we use screws to attach the signs directly to the fire doors?" Answer: NO! The only approved method of attaching signs to fire doors can be found in NFPA No. 80 (Fire Door Standard) - Section 4.1.4. That standard allows only adhesives be used to attach signs. Also, the size of the signs cannot exceed 5% of the door area. ■ QUESTION: "What is the permissible undercut of a wood or composite fire door?" Answer: Again, referring to NFPA No. 80 - Section 4.1.3.2, you are permitted to have an undercut up to 3/4 of an inch. All hardware installations must be according to the manufacturer’s listed or approved specification.

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■ QUESTION: "Can duct smoke detectors be used as a substitute for open area detectors, or as an early warning system or replace the building’s regular fire detection system?" Answer: Definitely not. Duct smoke detectors are UL-listed for that purpose only and are not a substitute for other required fire alarm detection systems. ■ QUESTION: "Are the fire-resistance ratings of floor-ceiling assemblies affected by glass fiber thermal insulation?" Answer: IN ASSEMBLIES with wood joists and a single layer of gypsum board, adding glass fiber insulation to the joist negatively impacts the ability of the gypsum board to transfer heat from the back of the board to the cavity. The addition of the insulation causes the rising heat created by a fire that occurs below a floorceiling system to become trapped between the back of the board and the face of the insulation. This condition then increases the temperature on the back of the gypsum board more rapidly than in a non-insulated system and causes premature calcination - the process where heating drives off the chemically combined water in the gypsum crystal and failure of the board earlier would occur in a comparable noninsulated system. The addition of glass fiber insulation also does not compensate for the premature failure of the gypsum board because under a fire condition, the insulation typically melts with a few minutes after the board membrane has been compromised. ■ QUESTION: "Is the remediation of mold addressed in the International Building Code?” Answer: No, it is not. The approach in the Code is prevention through code compliance to prevent the presence of the water required for the growth of mold. ■ QUESTION: "We have two buildings on the same lot line. Each building has a different use group. How do we determine which use group to use for construction type, height and area limitations?" Answer: The exception in Section 705.3 of the 2009 International Building Code states that when such differences occur.. "the area shall be that allowed for the most restrictive occupancy or construction". ■ QUESTION: "When does a carport become a garage?" Answer: Carports must be open on at least two sides. If not, then they are a garage (Section 406.1.3).


■ QUESTION: "Can an office space exit through a warehouse? Our client says NO, because the warehouse is a higher hazard". Answer: Another use group cannot exit through a High Hazard (H use group), not a higher hazard. The condition you presented is acceptable (Section 1014.2.1). The code now permits H uses groups to exit into other H use groups. ■ QUESTION: "Are the requirements for luminous egress path marking for buildings in the 2009 International Fire Code more than 75 ft. in height (Section F-1024) also apply to existing buildings ?" Answer: No, it only applies to new construction in the 2009 International Building Code. ■ QUESTION: "ANSI A117.1 (2003), the ADA code, requires handrail extensions at the bottom and top of the ramp. Can the extension of the handrail encroach into the 5ft. landing clearance?" Reference in the 2009 International Fire Code is for maintenance purposes. Answer: Yes, that arrangement is permitted when the handrail is secured to the wall.

■ QUESTION: "If you install a NFPA No.13R fire sprinkler system, can you consider the building as fully sprinklered and therefore take all the area increases? The reason we ask this question is because the 2007 edition of NFPA No.13R has a new section (4.1) that states that a building with this system, including the omissions, shall be considered a fully sprinklered building." Answer: THE NFPA No.13R system is not considered as a full sprinkler system in the I-Codes. In certain residential uses you get a height increase only. First, the I-Codes do not reference the 2007 edition of the NFPA standard. Second, when there is a conflict between the code and the standard, the I-Code prevails (102.4) ■ QUESTION: "Explain what the F-rating and T-rating means in the building code and when is it applied." Answer: The F-rating is the time it takes for the flame to penetrate a wall. The T-rating is the temperature at which materials on the other side of the wall will ignite. These ratings are applied when determining firestopping requirements through a rated assembly.■ REMEMBER - As a member of ALA you can call Kelly Reynolds with your code question free of charge. My number is 1-800-950-2633 or e-mail me at: codexperts@aol.com

■ QUESTION: "Is a U.S. Post Office under construction exempt from building permits, fees and building code compliance?" Answer: Public Buildings Act 100-678 requires government buildings to comply with the local codes. However, most government buildings are owned privately through a long-term use. If that is the case, then the building IS NOT exempt from any codes, fees or inspections. ■ QUESTION: "Do the walking surface requirements for means of egress in Section 1003.4 of the IBC also apply to the exit discharge?" Answer: There are three parts to the means of egress: 1) exit, 2) exit access and 3) exit discharge. Therefore the code requirements for walking surfaces do apply to the exit discharge. ■ QUESTION: "We have a multi-plex movie theater under construction. They want to classify the "projector room" as a mechanical room so they can use the space for a return air plenum. Is this permitted?" Answer: Let’s examine a projector room in a theater. By code definition it is not "habitable" and does not have any "fuel-fired equipment". The projector uses Xenon lamps and the lamp house must be ventilated according to code. Based on the fact that this space is not habitable nor contains any fuel-fired equipment, it could be designated as a mechanical room and therefore used for a return air plenum.

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The 13th Annual Chicago Architecture Conference and Product Show Tuesday, October 18th Drury Lane Conference Center Oakbrook Terrace, Illinois ■ ■

Earn 6.0 continuing education credits from experts on a variety of topics Learn about the latest building products and services

Online Registration Begins In August Mark your calendars now for this outstanding all day event for architects, designers, specifiers, engineers, and other building October professionals. The conference offers accredited education, 18th networking and an exhibit hall featuring the latest products, technologies, and services.

Featuring educational sessions taught by some of the most respected professionals in the industry including… ■

Working Toward Seamless - ADA/IBC Accessibility Guidelines Kimberly Paarlberg, International Code Council

Getting to Net-Zero Energy with Masonry Brian Trimble, Brick Industry Association

What We Need to do to Save our Profession Karen Pitsley, Transforming Architecture

Court Decisions on Liability and Building Codes Kelly Reynolds, Kelly P. Reynolds and Associates

Building Distress…Recognize the Indicators Timothy Bennett, Construction Process Solutions, Ltd.

Curved Surfaces: Modeling and Design Chuck Mears, Radius Track Corporation

Nation's 1st LEED Silver Certified Combination Dormitory and Recreation Center Brian Bock, DuKane Precast, Inc. and Mike Hudson, North Central College

Avoiding Big Problems on Small Projects Melissa Roberts, Euclid Insurance and Eric Singer, Ice Miller, LLP

Civil Site Design for Sustainability John Witte, Wills Burke Kelsey Associates and Stacy Snapp, Williams Architects

Taking the Pulse...Insights into Claims Trends Dan Buelow, Tom Harkins and Bob Stanton, Willis A&E

Keys to a Successful BIM Adoption David Webster and Dwane Lindsey, MasterGraphics

Interested in Exhibiting at the Conference? On-line booth registration and exhibit floor plan available at www.alatoday.org. Click the Education tab for show information or call ALA at 847-382-0630.


ALANEWS ALA Welcomes New Members - Summer 2011 Professional Members Mr. Tim Einwalter, ALA Mr. Brian Keaton, ALA Mr. Timothy Berneche, ALA Mr. Gilbert Levis, ALA Mr. Demeke Berhanu-Haile, ALA Mr. Juan Tellez, ALA Ms. Judith Kleine, ALA Mr. Chris Gazso, ALA Mr. Charles Ytzen, ALA Mr. Alan Itzkowitz, ALA Ms. Patricia Green, ALA Mr. Ben Mammina, ALA

Save the Date!!!!

Hartland WI Hartland WI Glen Ellyn IL Chicago IL Elgin IL Chicago IL Crawfordsville IN Chicago IL Schaumburg IL Buffalo Grove IL Libertyville IL Lemont IL

Friday, August 26, 2011 Golf Club of Illinois Algonquin, IL

Times: 11:00 12:00 1:00 6:00 7:00

AM PM PM PM PM

– – – – –

Check in Lunch Shotgun start Cocktails and reception Dinner & award ceremony

Ms. Siamak Mostoufi, ALA Mr. Paul Krutulis, ALA Ms. Melina Boukis, ALA Mr. Zbigniew Baran, ALA Mr. Larry Beaumont, ALA Mr. Robert Little, ALA

Evanston IL Chicago IL Cleveland OH Orchard Lake MI Plainfield IL St. Louis MO

Affiliate Members Mr. Patrick Duffy Jr.

Advanced Building Products, Inc.

Associate Members Mr. Raymond Matulionis

Madison WI

ALA Annual Golf Outing

Great Prizes including the $10,000 Hole – In – One! Raffle! Get your reservations in early! Call 847-382-0630 for more information.

Association of LicensedArchitects

Why Choose ALA?

It’s Your Best Value. ➣ Affordable dues ➣ Short form contracts ➣ Industry Information ➣ Public referral service ➣ Continuing education ➣ Professional recognition for license renewal ➣ Free Consultant Hot Lines ➣ ...plus many more benefits Give us a call at 847.382.0630 or visit www.alatoday.org

MOSHE CALAMARO & ASSOCIATES, INC. structural engineers 930 Pitner Ave., Suite #7, Evanston, IL 60202

847-733-0015 www.moshecal.com • Design of New or existing Buildings’ Modifications • Resolutions of Building Code Violations • Façade, Iron & Porch Inspections • Evaluation of buildings’ Distresses & Accidents • Consultants to Building, Fire & Police Dept’s. • Peer & plan Reviews

Contact us for our feedback on your next project LICENSED ARCHITECT • VOL 15 NO. 2 • SUMMER 2011

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ALAILLINOIS

2011 Illinois Student Award he Illinois Chapter is pleased to announce the winners of the 2011 Illinois Student Award. This financial award was established in 2008 by the Illinois Board of Directors to honor students from each of the state accredited architecture programs. Each student is chosen by the faculty of their school for their outstanding achievements and commitment to the architectural community. We send our congratulations to this year’s recipients and look forward to following their promising careers. Jared Macken is finishing up his final year of his M. Arch at University of Illinois - Chicago where he was the recipient of the Pella Fellowship Prize in the Spring of 2010. Jared has held Teaching Assistant positions for history and theory of architecture while studying at UIC. He spent the summer of 2009 interning with Paul Preissner Architects and the Summer of 2010 conducting urban design research with Associate Director David Brown. Prior to studying architecture, he received a B.F.A (Hons) in Graphic Design.

Michelle Ryland received her Master of Architecture (Structures Option) and her B.S. of Architectural Studies from the University of Illinois, Urbana-Champaign. During graduate school she was involved in student organizations serving as the president of the Ecological Design Consortium (EDC), a student organization established to promote the use and integration of ecological, economical, and equitable design solutions for the built environment; and secretary of the Architecture Student Advisory Council. Michelle was a T.A. for an undergraduate structures course, as well as the Convocation Committee Chair for both her undergraduate and graduate convocation ceremonies. After graduation, she will be working with Klein and Hoffman – an A&E firm focused on restoration and rehabilitation – in Chicago and plan on pursuing licensure in both architecture and structural engineering.

Mike Moceri, a suburban Chicago native, chose to study architecture at the Illinois Institute of Technology where he could experience Chicago’s great architecture on a daily basis. During his time at IIT, Mike received several awards and honors including the Sherwin Small and Horowitz Scholarships. He will be returning to IIT in the fall to complete their Master of Integrated Building Delivery program. Mike is currently working for the design/build firm of Thomas Roszak Architecture in Chicago.

Matthew Shields was born in Indianapolis and raised in Wheaton, IL. From a young age Matthew has been interested in conservation and restoration of the earth’s resources. As he enters the architecture field with his Master of Architecture from Judson University, he plans to use his passion and knowledge of green technologies and practices to contribute towards a making healthier, more sustainable planet.

Brandon Vieth grew up in Edwardsville, Illinois and recently received his Bachelor of Science in Architectural Studies with summa cum laude honors from Southern Illinois University-Carbondale. In the fall he will begin studying at the University of Michigan's Taubman College of Architecture and Urban Planning, pursuing a Master of Architecture. Brandon is interested in the role of digital technology in architecture, primarily how it is changing the way we interpret, conceptualize, design, and construct space. He is excited about taking part in a rapidly changing discipline, one whose possibility remains to be seen.

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ALAWISCONSIN February Meeting On Wednesday, February 16, 2011, ALA WI held a dinner meeting on Green Building Basics. We covered the basic principles of the U.S. Green Building Council’s professional credentials (LEED Green Associate and LEED AP+), the basic principals of green building (the different LEED rating systems), and what is driving the demand for green buildings. Details of the five areas of green building, what green building resources are available in Wisconsin as well as some case studies of projects in Wisconsin were discussed. Elizabeth Hittman, Executive Director and Jenny Heyden, Director of Marketing and Development for the Wisconsin Green Building Alliance presented this program.

April Meeting - Sweet Water Organics Tour The Sweet Water Organics facility is a "one of a kind" urban aquaponic farm in Bay View, Wisconsin. On Wednesday, April 20th, twenty-three ALA Wisconsin members and guests were guided through the transformed warehouse amidst rushing waters, lush plant life and learned how it all works. This massive manufacturing building once produced cranes and heavy

machinery and now has been converted to an experimental commercial urban fish and vegetable farm. Attendees saw commercial scale aquaponic systems, peered into tanks to see thousands of fish, and heard the story of Sweet Water’s journey. We learned how a beneficial form of bacteria converts the fish waste to nutrients used by the plants growing in the same water. When they consume these nutrients, the plants purify the water, keeping the Jesse Blom, Education Coordinator of Sweet Water water healthy Foundation explains the process to attendees. enough for the fish to live in. In this mini-ecosystem, both the fish and plants thrive. What makes aquaponics perfect for empty industrial buildings littering America’s old manufacturing cities is that soil is not required. Sweet Water urban farm.

ALAMISSOURI Our "No Architect Left Behind" Continuing Education Seminars are offered every two months to Missouri and Southern Illinois members. We continue to have a good turnout and hope it’s due to our interesting speakers and topics - but it could be because Architects love a free lunch! Also in the planning is a Fall social gathering where we will encourage new and prospective members to participate in our programs.

and was not completed until 1988. The Cathedral was elevated to Basilica status by Pope John Paul II prior to his visit to St. Louis in 1997. This is truly a magnificent example of Byzantine Architecture in the United States.

May Meeting On Tuesday, May 10, ALA Missouri members toured the Basilica in St. Louis. The Cathedral was breathtaking. If you were unable to make the seminar, we highly recommend taking the tour on your own time. Construction began in 1907 and was completed enough in 1914 for the dedication. Not until 1926 was construction complete enough for the building to be consecrated. Exterior design follows the Romanesque while the interior is Byzantine. The interior has more than 83,000 square feet of mosaic tile - the largest collection available to public view in the United States. Mosaic application began in 1912

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ALA 22159 N. Pepper Rd., Suite 2N Barrington, IL 60010

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Profile for Lisa Brooks

Licensed Architect Summer 2011  

quarterly magazine published by the association of licensed architects

Licensed Architect Summer 2011  

quarterly magazine published by the association of licensed architects

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