0008_ATT_D_RER_Sustainable_Building_Program_Language.pdf

Sustainable Buildings Program Requirements

Professional Planning, Design, and Engineering Services for DTPW Infrastructure Project Management

1.11 APPLICABLE LEGISLATION

The Developer will be required to abide by all applicable federal, state, and local laws, as amended.

The following are among the applicable laws:

Miami-Dade County Code Chapter 2, Article I, Section 2-1, BCC Rule 5.09: Sea Level Rise Chapter 2, Article I, Section 2-1, BCC Rule 5.10 and Section 9-71 through 9-75:

Sustainable Buildings Program

Ordinance(s) 07-65: Sustainable Building Program codified as Sections 9-71, 9-72, County Code) 22-107: Sustainable Buildings Program codified as Section 2-1, County Code, BCC Rule

5.10 08-14: Water Use Efficiency Standards 14-79: Sea-Level Rise Ordinance, codified as Sec. 2-1, County Code, BCC Rule 5.09 19-17: Electric Vehicle Infrastructure Requirements

Implementing Order(s) 8-8 Sustainable Buildings Program

Administrative Order(s) 11-3: Life Cycle Costing Procedure

Resolution(s) R-1431-08: Participation in “Cool Counties” Goals and Objectives R-228-09: Government Electric Energy Consumption R-1053-09: Green Procurement Preference R-1103-10: Requirement for Energy-Efficient Reflective Roofs or Green Roofs R-795-12: United States Department of Energy’s Better Building Challenge R-918-12: Electricity Master Plan R-451-14: Infrastructure Projects to Consider Sea Level Rise R-614-15: Pledge to Cut Greenhouse Gas Emissions R-1164-15: Reducing Greenhouse Gases and the Effects of Climate Change R-303-17: Solar Energy Feasibility Study R-617-17: Envision Sustainable Infrastructure R-54-18: Requiring “Cool Roofs” on all New, Roofing Maintenance and Re-Roofing

Work R-918-12 and Resolution R-795-12: Benchmarking Energy and Water Use and use of

Energy Star Certified products R784-23: Florida Friendly Landscaping R-14-79: Install Electric Vehicle Charging Stations

Copies of the aforementioned legislation may be obtained at the COB.

1.18 SUSTAINABLE BUILDING / INFRASTRUCTURE PROGRAM (AS

APPLICABLE)

All activity conducted as a result of this Agreement shall comply with Chapter 2, Article I, Sec. 2- 1, BCC Rule 5.10, and Chapter 9, Article III, Sec. 9-71 through 9-75, of the Code of Miami-Dade County along with Implementing Order 8-8 (I.O. 8-8), which established a County policy to incorporate, wherever practical, Green Building Practices into the planning, budgeting, design, construction, operations, management, renovation, maintenance and decommissioning of infrastructure or buildings owned, financed, or operated by the County (Public Projects). These sections of the code, together with the I.O. 8-8, are referred to as the “Sustainable Buildings Program.”

The primary mechanisms for determining compliance with the Sustainable Buildings Program, shall be determined by completing a formal certification process with the U.S. Green Building Council’s Leadership in Energy and Environmental Design (LEED) Rating System (for buildings), the U.S. Institute for Sustainable Infrastructure (ISI), Envisions Rating System (for infrastructure), and the Section VII Prescriptive Path elements in I.O. 8-8, except as noted elsewhere in I.O. 8-8, or as otherwise directed by the Office of Resilience Sustainability Manager. Where certification shall be required to attain, at minimum, a “Silver” rating or higher in the version most recently adopted by USGBC/ISI.

The participation of an experienced LEED Accredited Professional (LEED AP) or Envision Sustainability Professional (ENV SP), as applicable, is required to assist the Developer in various aspects of the LEED or ENVISION registration, application, and certification process. Their responsibilities include coordinating with all disciplines, collaborating with the project Architect (or other lead design professionals), and providing guidance to the Developer in designing the application projects to attain the necessary LEED or ENVISION certification points. Additionally, they are responsible for monitoring the Developer’s documentation to ensure compliance with the Developer’s obligations in achieving the targeted certification level.

During the planning phase, prior to budgeting, advertising, soliciting, or issuing any work, staff from the Developer shall submit the Office of Resilience – “Initial Project Questionnaire for Buildings and Infrastructure” with sufficient details for review and approval by the Office of Resilience Sustainability Manager. The Office of Resilience Sustainability Manager will provide specific input regarding compliance with the Sustainable Buildings Program through the feedback process. Additionally, the Developer shall collaborate with the Office of Resilience to incorporate the necessary specific project requirements and contract language for the project, ensuring alignment with the Sustainable Buildings Program policy. The finalized specifications and language shall be incorporated into the Service Order or/and the corresponding contract prior to work issuance.

For Building and/or LEED-equivalent Infrastructure projects (e.g. LEED Transit Rating System, Parksmart, LEED Campus/Volume certification, etc.):

A. The Developer is required, at its sole cost and expense, to construct the Project, to at least a Silver certification rating from the U.S. Green Building Council’s Leadership in Energy and Environmental Design (LEED), and the construction of the building(s) is also in compliance with any and all of the “green building standards” required by the County for new construction projects, in addition to any and all Florida building code restrictions and/or requirements. The Developer acknowledges and agrees that the LEED Silver certification or designation means that the Project shall be constructed to meet certain specifications as outlined by the U.S. Green Building Council, which will include various “green” or environmentally responsible features including, but not limited to, the preparation of the Premises, as well as the design and construction of the building, infrastructure and/or other improvements; and all shall be reviewed, examined, approved, and certified by a neutral and independent third-party who is certified or approved by the U.S. Green Building Council, and who also regularly certifies such structures as meeting certain LEED standards and/or requirements. The Developer agrees to regularly provide the County with copies of any and all records and/or reports (including but not limited to any approvals, rejections and/or comments) from the neutral and independent third-party reviewing the construction of the Project, to establish that the Developer is, in fact, proceeding with the construction in a manner to ensure that the LEED Silver designation can be secured from the U.S. Green Building Council. The Developer also hereby acknowledges and agrees that it must incorporate high performance building concepts and technologies in order to enhance the overall design and construction of the building(s), while simultaneously making any and all other improvements and the remaining public spaces environmentally responsible in order to comply with the above-mentioned requirement.

B. The Developer hereby acknowledges and agrees that the LEED Silver certification or designation is a description or label designed to establish the level of energy efficiency and sustainability for the Project along with any and all other improvements that will be constructed on the Premises, and such energy efficiency should substantially improve the “normal” or “regular” energy efficiency and indoor air quality for the entire Project, including, but not limited to, each individual residential unit. Beyond these environmentally responsible steps, the Developer specifically agrees to consider additional areas or means to improve and/or protect the environment with regard to the construction project, and inform the County of any and all such additional methods or ways that the Developer will utilize “green building standards” in the design and construction of the mixed-use development, in an effort to achieve the important goals of creating a healthy place to live and work as well as an environmentally responsible development in the community.

C. Substitution of Standard: The Developer acknowledges and agrees that the requirement to secure the LEED Silver certification or designation may be exempted or modified due to special circumstances of the construction project. For example, the Florida Green Building Coalition has a standard for multi-family residential developments that might be equally acceptable to the County. Such exemption or modification shall be for the express purpose of ensuring the use of the most appropriate or relevant rating standard or system, and shall not, in any way, exempt the requirement to apply green building practices at the Silver certification, or similar designation as administered by a different organization and obtain certification of the project. This substitution process shall be administered by and through the Miami-Dade County Office of Resilience, prior to start of the design phase and must be initiated with a formal written request.

Standard for a Building that is a Public Project

a. For all New Construction Public Projects, the minimum rating shall be LEED Silver in the version most recently adopted by USGBC for all project phases, and the Section VII Prescriptive Path elements shall be required. Except as provided in I.O. 8-8 Section

VI(A)(3).

b. For Public Projects that are not New Construction but meet LEED prerequisites, the minimum rating shall be LEED Silver in the version most recently adopted by USGBC for all project phases, and the Section VII Prescriptive Path elements shall be required. Except as provided in I.O. 8-8 Section VI(A)(3).

c. For Public Projects that are not New Construction and do not meet LEED prerequisites as determined by the Office of Resilience Sustainability Manager, the Public Project shall adhere to Maximum Measures, and the I.O. 8-8 Section VII Prescriptive Path elements shall be required. Except as provided in I.O. 8-8 Section VI(A)(3).

Standard for Infrastructure that is a Public Project For Infrastructure Public Projects that are subject to I.O. 8-8 with project costs greater than two million dollars ($2,000,000), the minimum rating shall be Envision Silver, per the version most recently adopted by the Institute for Sustainable Infrastructure, and the required Section VII Prescriptive Path elements in I.O. 8-8.

Standard for Infrastructure that is a Public Project For Infrastructure Public Projects with project costs less than two million dollars ($2,000,000), the following requirements shall be met per I.O. 8-8:

i. Maximum Measures

ii. Section VII Prescriptive Path elements

Additional County Requirements and Best Practices The completed Sustainability Rating certification checklist (i.e., LEED Credit checklist, Envision scorecard) is due upon completion of the project's planning stage or before the 30% design phase is completed, at the latest, and shall be submitted to the Office of Resilience Sustainability Manager. Successive submittals shall show the progress level of each step, incorporate the Office of Resilience Sustainability Manager’s feedback, and shall also directly correspond to the design decisions of each Phase.

The Developer shall be responsible for providing regular updates to the Office of Resilience Sustainability Manager throughout the duration of the project, during the design and construction phases, with a minimum frequency of at least once a year, and shall continue to actively engage with the Office of Resilience.

Additionally, Public Projects shall complete the “Additional County Policy Requirements and Best

Practice Recommendations” checklist and submit it to the Office of Resilience Sustainability Manager. This checklist is available from the Office of Resilience Sustainability Manager and is due upon completion of a Public Project’s planning stage or before the 30% design phase is completed, at the latest.

Compliance Requirements Please note that lack of funding, lack of knowledge about following I.O. 8-8, tight deadlines, being unaware of Sustainable Buildings Program requirements, forgetting to put the requirements in bid documents, being unable to go back and change bid documents without incurring significant change order costs, contractors being unaware of the requirements, belief that the policies do not apply due to the wording of the policies, or any other similar justifications are not accepted in lieu of compliance with Sustainable Buildings Program. The unique characteristics of a project shall not, in any way, exempt it from applying sustainable Green Building Practices to the maximum extent possible.

Sea Level Rise:

(Ordinance 14-79)

Pursuant to Miami-Dade County Ordinance 14-79, all activity as a result of this Agreement, including building elevation, installation of mechanical and electrical systems, and building and infrastructure design plans shall consider sea level rise projections and potential impacts as best estimated at the time of the project, using the regionally consistent Southeast Florida Regional Climate Change Compact Unified Sea Level Rise Projections, during all project phases including but not limited to planning, design, and construction, in order to ensure that infrastructure projects will function properly for fifty (50) years or the design life of the project, whichever is greater.

Compliance with the Sustainable Buildings Program:

For any design and construction work required as a result (or as part) of this Agreement, the Developer shall submit the “Initial Project Questionnaire for Buildings and Infrastructure” to the Office of Resilience before issuing work for any design and/or construction of public projects.

This submission must include sufficient details of the specific scope of work for review and approval. The Office of Resilience Sustainability Manager will provide specific input regarding compliance with the Sustainable Buildings Program (SBP) requirements. Additionally, the Developer should collaborate with the leading Miami-Dade County department and the Office of Resilience to integrate the necessary project requirements and contract language, ensuring alignment with SBP policies. Finally, all finalized specifications and language must be incorporated into the Service Order or corresponding contract prior to any design and construction work begins.