Green Buildings and Sustainability - RLI Corp....Green Buildings and Sustainability DPLE 119 January 4, 2017. RLI Design Professionals is a Registered Provider with The American Institute

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




Bioclimatic Design

Light and Air

Water Cycle









Bioclimatic Design

Light and Air

Water Cycle









Bioclimatic Design

Light and Air

Water Cycle









Bioclimatic Design

Light and Air

Water Cycle






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


Greenroads

Basic Project Requirements (Plans)

Environment & Water

Access & Livability

Construction Activities

Materials and Resources

Utilities & Controls

Custom Credits

Sustainable Transportation Analysis & Rating System


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


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.


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:


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

[email protected]

Abbey Brown, Client Solutions Manager

[email protected]