Green Buildings and Sustainability - RLI Corp....Green Buildings and Sustainability DPLE 119 January...
Transcript of Green Buildings and Sustainability - RLI Corp....Green Buildings and Sustainability DPLE 119 January...
Green Buildings and Sustainability
DPLE 119
January 4, 2017
RLI Design Professionals is a Registered Provider with
The American Institute of Architects Continuing Education Systems.
Credit earned on completion of this program will be reported to
CES Records for AIA members. Certificates of Completion
for non-AIA members are available on request.
This program is registered with the AIA/CES for continuing professional education.
As such, it does not include content that may be deemed or
construed to be an approval or endorsement by the AIA of any material
of construction or any method or manner of handling, using,
distributing, or dealing in any material or product. Questions
related to specific materials, methods, and services will be
addressed at the conclusion of this presentation.
Copyright Materials
This presentation is protected by US and International
Copyright laws. Reproduction, distribution, display and
use of the presentation without written permission
of the speakers is prohibited.
© RLI Design Professionals
Course Description
This course underscores the importance of evaluating and mitigating the risks involved in
projects where energy efficiency and sustainability are emphasized by
owners, through sound risk management practice and
careful review of contract language.
Learning Objectives
Increase awareness of the unique risks involved when owners and design firms participate in projects where energy efficiency and sustainability are emphasized.
Identify how to meet the challenges that these sustainable projects, and the expectations of their owners, bring.
Recognize the contractual provisions that could lead to claims and review the important characteristics of contracts specific for handling sustainable/green projects.
Review the changes, both current and anticipated, that could impact future sustainability-focused projects.
Risks Involved in Sustainable Projects
Today we’ll focus on:
Clarifying Definitions of “Sustainable”
Measuring Sustainability
Managing Unreasonable
Owner Expectations
Meeting Contractual Obligations
Evaluating and
Incorporating New
Technology
Defining “Sustainability”
Managing
Risk #1
Sustainability envisions the enduring prosperity of all living things.
Sustainable design seeks to create communities, buildings, and products
that contribute to this vision.
AIA Committee on the Environment
Sustainable Design Intent and Innovation
Regional/Community Design and Connectivity
Land Use and Site Ecology
Bioclimatic Design
Light and Air
Water Cycle
Energy Flows and Energy Future
Materials, Building Envelope, and Construction
Long Life, Loose Fit
Collective Wisdom and Feedback Loops
AIA/COTE 10 Measures of Sustainable Design
Sustainable Design Intent and Innovation
Regional/Community Design and Connectivity
Land Use and Site Ecology
Bioclimatic Design
Light and Air
Water Cycle
Energy Flows and Energy Future
Materials, Building Envelope, and Construction
Long Life, Loose Fit
Collective Wisdom and Feedback Loops
AIA/COTE 10 Measures of Sustainable Design
Sustainable Design Intent and Innovation
Regional/Community Design and Connectivity
Land Use and Site Ecology
Bioclimatic Design
Light and Air
Water Cycle
Energy Flows and Energy Future
Materials, Building Envelope, and Construction
Long Life, Loose Fit
Collective Wisdom and Feedback Loops
AIA/COTE 10 Measures of Sustainable Design
Sustainable Design Intent and Innovation
Regional/Community Design and Connectivity
Land Use and Site Ecology
Bioclimatic Design
Light and Air
Water Cycle
Energy Flows and Energy Future
Materials, Building Envelope, and Construction
Long Life, Loose Fit
Collective Wisdom and Feedback Loops
AIA/COTE 10 Measures of Sustainable Design
Sustainable Design Intent and Innovation
Regional/Community Design and Connectivity
Land Use and Site Ecology
Bioclimatic Design
Light and Air
Water Cycle
Energy Flows and Energy Future
Materials, Building Envelope, and Construction
Long Life, Loose Fit
Collective Wisdom and Feedback Loops
AIA/COTE 10 Measures of Sustainable Design
Environmental
EconomicSocial
Institute for Sustainable Infrastructure (ISI)
Conditions in which all of society has the capacity and opportunity
to maintain and improve its quality of life indefinitely without degrading the quantity, quality or
the availability of natural resources and ecosystems
"Sustainable development" is the challenge of meeting human needs for:
while conserving and protecting environmental quality and the natural resource base essential for future development.
NSPE Code of Ethics for Engineers
Natural resources
Industrial products
Energy
Food
Transportation
Shelter
Effective waste management
…but are there disconnects?
Themes
Society
Economy
Environment
Principles
Scope
Measurement
If your project is set up to deliver the wrong thing it may be considered a failure
even if everything is delivered on time, within budget, and to the required quality.
This seems harsh. But if your project doesn't deliver what the organization really
needs, this will inevitably negatively affect how it's perceived.
Risk Management Guidance
Measuring Sustainability
Managing
Risk #2
LEED Recognizes Performance in:
Sustainable Sites
Water Efficiency
Energy & Atmosphere
Materials & Resources
Innovation in Design
Indoor Environmental Quality
Regional Priority
Location & Transport
7 Criteria Categories:
Green Globes/Green Building Initiative
Project Management Policies and Practices
Site
Energy
Water
Resources, Building Materials and Solid Waste
Emissions, Effluents and Other Impacts
Indoor Environment
International Green Construction Code
The first model code to include sustainability measures for the entire
construction project and its site — from design through construction, certificate of occupancy and beyond. The code is
expected to make buildings more efficient, reduce waste, and have a
positive impact on health, safety and community welfare.
Prerequisites and Credits:
The Sustainable Sites Initiative
Site Selection
Pre-Design Assessment and Planning
Site Design—Water
Site Design—Soil and Vegetation
Site Design—Materials Selection
Site Design—Human Health and Well-Being
Construction
Operations and Maintenance
Monitoring and Innovation
Rating Tool Criteria:
EnvisionTM Sustainability Rating System
7 Criteria Categories:
Greenroads
Basic Project Requirements (Plans)
Environment & Water
Access & Livability
Construction Activities
Materials and Resources
Utilities & Controls
Custom Credits
Sustainable Transportation Analysis & Rating System
5 Criteria Categories:
Integrated Process
Access
Climate and Energy
Ecological Function
CostEffectiveness
AnalysisInnovation
Examples:
Client Specific Guidelines and Local Laws
Incorporates regional climate and environmental issues
• Focuses on K-12 education
• Gives a Pass/Fail score
Massachusetts Collaborative for
High Performance Schools
(MA CHPS)
Self-evaluation tool
• Focuses on highways and transportation
• Free
FHWA Infrastructure
Voluntary Evaluation
Sustainability Tool (INVEST)
Internal self-certification
• Focuses on transportation projects
• 4 levels of certification
NYSDoT(GreenLITES)
Number and Weighting of
CategoriesCost
Value of Third Party
Certification
Applicability Across Project Types
Differences
Managing Owner Expectations
Managing
Risk #3
Do we have the potential here for a “clash?”
Owners may want to achieve…
A Designated Project Rating (e.g., LEED Silver)
• Decreased energy use
• Decreased water use
• Increased health of occupants
• Increased comfort of occupants
• Increased use of sustainable materials
Building Design or Performance Standards:
• CAL Green
• GSA LEED Gold Standards
Legal or Internal Guidelines
Owner ResponsibilitiesD
esi
gn • Retaining
special consultants
• Making budget decisions
Co
nst
ruct
ion • Evaluating
rating/cost/ tradeoffs
Po
st-c
om
ple
tio
n • Operation and maintenance requirements
• Tenant usage
Substantial Completion
Certification
Project Milestones
Sustainable Objective
Bonding
Schedule
B101–2007 SP § 11.11.1.1
Allows the Architect to collect an initial paymentfrom the Owner to cover the costs of registering the Project with the Certifying Authority and for paying other fees charged by the Certifying Authority related to the Project
Costs
Considering Key Contract Issues
Managing
Risk #4
AIA Sustainable Projects Documents
•Builds on Model Language developed in AIA D503-2011, Guide for Sustainable Projects
•Includes a process to help project participants meet Owner’s sustainability goals
•Use “sustainable” to describe projects that:
•Offer benefits to the environment;
•Enhance the well-being of occupants; or
•Increase energy efficiency
Special Definitions
“Sustainable Objective”
“Sustainable Measure”
“Sustainability Plan”
“Sustainability Certification”
“Documentation for Certification”
“Certifying Authority”
Allocation of Risks and Responsibilities
The Architect shall perform those Sustainable Measures
identified as the responsibility of the Architect in the
approved Sustainability Plan and any approved changes to
the Sustainability Plan. If the Sustainability Plan requires the
Architect to provide services beyond those based on the
Initial Information, those services shall be provided pursuant
to Section 4.3.1.1.
• AIA B101–2007 SP § 3.3.4.2
Allocation of Risks and Responsibilities
Based on the Owner’s approval of the Sustainability
Plan and any approved changes to the Sustainability
Plan, the Owner shall perform those Sustainable
Measures identified as the responsibility of the
Owner in the Sustainability Plan, or as otherwise
required by the Contract Documents. The Owner
shall require that each of its contractors and
consultants performs the contractor’s or consultant’s
services in accordance with the Sustainability Plan.
• AIA B101–2007 SP § 5.13
AIA B101-2007 SP, § 8.1.3.1
The mutual waiver in this Section 8.1.3 expressly includes those consequential damages resulting from failure of the Project to achieve the Sustainable Objective, or one or more Sustainable Measures, including unachieved energy savings, unintended operational expenses, lost financial or tax incentives, or unachieved gains in worker productivity.
Consequential Damages
AIA B101-2007 SP, § 10.9
The Owner and Architect acknowledge that achieving the Sustainable Objective is dependent on many
factors beyond the Architect’s control, such as the Owner’s use and operation of the Project; the Work provided by the Contractor or the work or services
provided by the Owner’s other contractors or consultants; or interpretation of credit requirements
by a Certifying Authority. Accordingly, the Architect does not warrant or guarantee that
the Project will achieve the Sustainable Objective.
Warranties and Guarantees
Define Scope of Services
Sustainability Services might include:
Filing with the Certifying Authority
Collecting Documentation for Certification
Incorporating Sustainability Requirements into Construction Documents
Preparing a Sustainability Plan
Conducting a Sustainability Workshop/Kickoff
Other Contract Resources
AIA B214-2012, Standard Form of
Architect’s Services:
LEED Certification
AIA D503-2011, Guide for
Sustainable Projects
AIA A101, A201, A401, B101, C401—
2007 SP
ConsensusDOCS 310, Green Building
Addendum
ConsensusDOCS240, Owner-Design
Professional
Agreement
DBIA, Sustainable
Project Goals
Exhibit
Incorporating New Technology
Managing
Risk #5
Incorporating New Technology
Reducing our carbon
footprint
Using less energy
Using less water
Making buildings and infrastructure more people
and earth-friendly
The connection between sustainability and technology is critical.
LESSON LEARNED
Design intent does not always
translate into real world
performance. In order to meet its
executive and legislative mandates
by delivering buildings that are
truly sustainable, GSA must take
into account the way its buildings
perform on the ground, using all
the methods and tools at its
disposal.
--Green Building Performance,
A Post Occupancy Evaluation of
22 GSA Buildings
We are increasingly dependent on technology.
Incorporating New Technology
New Construction
Materials
Engineering Analysis
Building Information
Modeling (BIM)
Automated Controls
Geographic Information
Systems
Consumption Monitoring
“New technology” is a broad category that might
include:
Incorporating New Technology
Who pays when…?
Product manufacturer’s data is inaccurate?
Permeable paving doesn’t hold up after freezing?
Green roof must be torn up for leaking membrane?
Grey water system spreads a virus?
New product specified emits noxious gases?
Solution to Address Technology Risk
Recognize that the Project may require use of
materials and equipment that have had
limited testing or verification of performance.
• Discuss with Owner the potential effects on the Sustainable Objective if such materials or equipment fail to perform in accordance with manufacturer’s representation.
• Owner decides whether or not to use.
• If Owner approves use, Architect not responsible for failure to achieve Sustainable Objective as result.
Untested Materials (B101–2007 SP § 3.3.5.2)
Predicting Future Risks
Managing
Risk #6
Changes in the Metrics for LEED – V4
http://www.usgbc.org/sites/default/files/LEED%20v4%20Impact%20Category%20and%20Point%20Allocation%20Process_Overview_0.pdf
What should a LEED project
accomplish?
Reverse contribution to climate change
Enhance human health and wellbeing
Protect and restore water
resources
Protect biodiversity and
ecosystem services
Promote sustainable and
regenerative resource cycles
Build a greener economy
Enhance community,
social equality, environmental
justice, and quality of life
Evolving Owner Expectations
Attainment of Financing/Tax Credits:
Taxes and Fees
Financial Incentive Strategies
Tax Credits/Abatements
Fee Reductions/Waivers
Grants Other Incentives
Innovative Financing Mechanisms
Newer Risks in the Design and Construction of Green Buildings
Risk Categories
Occurrence/
Likelihood
Correlated
to Litigation
Financial
Impact
Responsible
Parties
Higher than anticipated operating expenses—
excessive energy use, water use, and maintenanceHigh High High
Owner/Designer
Contractor
Establishing conflicting standards and potentially
unachievable project requirementsHigh Mid Mid Owner
Construction cost and schedule impacts associated
with delivering a sustainable buildingMid High High
Owner/
Contractor
Failure to meet Green Code or Green Certification
requirements—during the original design phase,
due to end user design changes, or during
construction
Mid Mid Mid Owner/Designer
Employing materials and equipment with reduced
lifecycles or immediate failure (aesthetic or
performance)
Mid High Mid/High Owner/Designer
Damage to environmental and professional
reputationLow Low Mid Owner
Source:
American Bar Association, Section of Litigation
Construction Litigation
By Christopher Nutter -- April 11, 2012
This concludes The American Institute of Architects
Continuing Education Systems Program
Alayne McDonald, Professional Development Coordinator
Abbey Brown, Client Solutions Manager