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The Rules and the Design/Build Project Delivery Process:

On August 10, 1998, Section 1150.85 of the Rules pertaining to Design/Build was amended. The revised Design/Build Rules are as follows:

Section 1150.85 Acts Constituting the Practice of Architecture Pursuant to Section 5 of the Act

a) Design/Build

1) The Design-Build project delivery process is a method whereby an entity signs a single contract to provide a combination of architectural and construction services.

2) The Design-Build entity will not be required to register as a professional design firm pursuant to Section 21 of the Act only if the services in the Design/Build project delivery process are provided by the entity in accordance with the following:

A) A licensed Architect or a professional design firm registered in Illinois independently contracts with the entity and participates substantially in all material aspects of the offering and providing of architectural services relating to any bid process, contract negotiations, design, consultation, development, preparation, and coordination of construction documents, and verification of adherence to construction documents and completion.

B) At the time of offering services, a written disclosure shall be given to the client by the entity identifying the Architect who will be engaged by and is contractually responsible to the entity offering Design/Build project services.

C) The entity agrees that the Architect will have direct supervision of the architectural work, and the Architects services will not be terminated on the project without the immediate replacement by another Architect mutually agreed by the client and the entity.

3) A Design-Build entity shall not provide or offer to provide architectural services, unless the Design-Build entity is an Illinois licensed Architect or professional design firm. Offering to provide architectural services shall include, but shall not necessarily be limited to, any tender of architectural services either independently or in combination with construction services by any sign, card, advertisement or other device which might indicate to the public that the entity is entitled to provide architectural services.

(Source: Amended at 22 III. Reg. 15324, effective August 10, 1998)

In typical Design / Build practices the Architects role has been diminished to the following:

• The Architect has no direct contact with the Owner.
• The Architect works directly under the General Contractor and not the Owner.
• The Architect works in the best interest of the General Contractor.
• The Architect is not responsible in the coordination of Electrical, Mechanical and Plumbing Systems.
• The Architect is not responsible for materials and methods chosen.
• The Architect does not verify nor review construction site methods and quality.

In the above scenario, both the Owners and the Lenders need to be re-educated of the Architects Role.

Agreement Between Owner and Architect Where the Architect Provides CONSTRUCTION MANAGEMENT Services to the Owner: SCOPE OF SERVICES DURING PRECONSTRUCTION PHASES

• The Architect provides organization, personnel and management to carry out the requirements of the project in an expeditious and economical manner consistent with the interests of the Owner.

• The Architect, as a part of the Architect’s review of the program furnished by the Owner, shall provide a preliminary evaluation of the feasibility of the Owner’s program, schedule and construction budget requirements, each in terms of the other.

• The Architect prepares, in addition to preliminary estimates of Construction Cost for program requirements based on early schematic designs and other design criteria, comparative estimates for the cost evaluations of alternative materials and systems.

• As the Architect progresses with the preparation of the Schematic Design, Design Development and Construction Documents, The Architect prepares and updates preliminary Construction Cost estimates with increasing detail and refinement. Such estimates shall be provided for the Owner’s review and approval prior to the commencement of performance by the Architect of services for each succeeding Preconstruction Phase. If separate contracts are to be awarded, the estimated cost of the scope of Work for each contract shall be indicated with supporting detail. The Architect shall advise the Owner if it appears that preliminary Construction Cost estimate may exceed the latest approved Project budget and make recommendations for corrective action.

• Following the Owner’s approval of the Construction Documents. The Architect shall update and submit the latest estimate of Construction Cost for the Owner’s approval in accordance with the Agreement.

• The Architect shall submit recommendations on the relative feasibility of construction methods, methods of Project delivery, availability of materials and labor, time requirements for procurement, installation and construction, and appropriate utilization of the site for mobilization of construction forces and materials.

• The Architect shall prepare and update a Project schedule to show the timing of anticipated services and construction Work for the Owner’s review and approval prior to commencement of the Architect’s services for each succeeding Pre-construction Phase.

• In developing the Project schedule, the Architect shall identify critical and long-lead-time items for the coordination and integration of the Architect’s services with the Owner’s responsibilities, including the services of the Owner’s other consultants and contractors.

• The Architect shall assist the Owner in selecting, retaining and coordination the professional services of surveyors, special consultants and testing laboratories required for the Project.

• The Architect shall submit a list of prospective bidders and a bidding schedule for the Owner’s review and approval.

• The Architect shall solicit bidders’ interest in the Project. The Architect shall assist the Owner in issuing bidding documents to bidders and conduct pre-bid conferences with prospective bidders. The Architect shall assist the Owner with the receipt of questions from bidders and the issuance of addenda.

• The Architect shall receive bids, prepare bid analyses and make recommendations to the Owner for the Owner’s award of Contracts.

• The Architect shall conduct pre-award conferences with successful bidders. The Architect shall advise the Owner of any reasonable objections to the proposed list of Subcontractors and material suppliers.

• The Architect shall make recommendations to the Owner regarding the assignment of responsibilities for providing temporary Project facilities and services for common use of the Contractors. The Architect shall verify that the requirements and assignment of responsibilities are included in the proposed Contract Documents.

• The Architect shall advise the Owner on the division of the Project into separate contracts for various categories of work including method to be used for selecting Contractors and awarding contracts.

• The Architect shall make recommendations to the Owner regarding the allocation of responsibilities for Project conditions among the Contractors.

• The Architect shall assist the Owner in obtaining applicable building permits and special permits for permanent improvements, excluding permits required to be obtained directly by the various Contractors.

SCOPE OF SERVICES DURING THE CONSTRUCTION PHASE

• The Architect shall prepare a Project construction schedule providing for each scope of Work, including phasing of construction, times for commencement and completion required of each separate Contractor, ordering and delivery of materials requiring long-lead time and the occupancy requirements of the Owner.

• The Architect shall provide the Project construction schedule for each set of Contract Documents.

• The Architect shall provide administrative, management and related services to endeavor to coordinate the activities of the Contractors with each other and with those of the Owner and the Architect to complete the Project in accordance with the latest approved estimate of Construction Cost, the Project construction schedule and the Contract Documents.

• The Architect shall schedule and conduct pre-construction, construction and progress meetings with the Owner and the Contractors to discuss such matters as procedures, progress and scheduling.

• Utilizing the Construction Schedules provided by the Contractors, the Architect shall update the Project construction schedule incorporating the activities of the Contractors on the Project, including activity sequences and durations, allocation of labor and materials, processing of Shop Drawings, Product Data and Samples, and delivery of products requiring long-lead time and procurement. The Project construction schedule shall include the Owner’s occupancy requirements showing portions of the Project having occupancy priority. The Architect shall update and reissue the Project construction schedule as required to show current conditions. If an update indicates the previously approved Project construction schedule may not be met, the Architect shall recommend corrective action to the Owner.

• Consistent with the Bidding Documents, and utilizing information from the Contractors, the Architect shall endeavor to coordinate the sequence of construction and assignment of space in areas where multiple Contractors are performing Work.

• The Architect shall monitor the approved estimate of Construction Cost. The Architect shall show actual costs for activities in progress and estimates for uncompleted tasks.

• The Architect shall develop cash flow reports and forecasts for the Project and advise the Owner as to variances between actual and budgeted or estimated costs.

• The Architect shall maintain cost accounting records on authorized Work performed under unit costs, additional Work performed on the basis of actual costs of labor and materials, or other Work requiring accounting records.

• The Architect shall record the progress of the Project with written progress reports to the Owner including information of each Contractor’s Work, as well as the entire Project, showing percentages of completion.

• The Architect shall maintain at the Project site, on a current basis: one record copy of all Contracts, Drawings, Specifications, addenda, Change Orders and other Modifications, in good order and marked to record all changes made during construction; Shop Drawings, Product Data, Samples, submittals, purchases, other related documents and revisions that arise out of the Contracts of Work. The Architect shall maintain records, in duplicate of principal building layout lines, elevations of the bottom of footings, floor levels, and key site elevations certified by a qualified surveyor or professional engineer. The Architect shall make all such records available to the owner and, upon completion of the Project, shall deliver them to the Owner. THE OWNER’S RESPONSIBILITIES

• The Owner reserves the right to perform Work related to the Project with the Owner’s own forces, and to award contracts in connection with the Project that are not part of the Architect’s responsibilities under the Amendment. The Architect shall notify the Owner if any such independent action will in any way interfere with the Architect’s ability to perform under the Amendment.

• The Owner shall furnish the required information and services and shall render approvals and decisions expeditiously for the orderly progress of the Architect’s services.