Construction Law

Everything You Need to Know About the City of Jacksonville Sustainable Building Program Ordinance

The City of Jacksonville Sustainable Building Program Ordinance was established by Chapter 327 of the Jacksonville Ordinance Code. Under this mandate, all public buildings must possess one of the following forms of Sustainable Development Certification:

LEED
Green Building Initiative’s Green Globes
Florida Green Building Coalition

Contractors bidding on public projects in Jacksonville must always factor in the cost of meeting these standards. If you aren’t certain that your construction business has the ability to do so, you should probably stick to private projects. The Sustainable Building Program Ordinance isn’t mandatory for private construction projects; however, contractors who choose to embrace sustainability voluntarily can benefit in other ways. In this article, a Jacksonville construction lawyer from Cotney Attorneys & Consultants will review the three forms of Sustainable Development Certification and the three incentives for contractors overseeing private projects that voluntarily satisfy one of the aforementioned Sustainable Development Certifications.

Sustainable Development Certifications

As we mentioned above, contractors working on public projects are required to follow the standards established by LEED, Green Building Initiative’s Green Globes, or the Florida Green Building Coalition. Before you submit your next bid, consult a Jacksonville construction attorney to ensure that your bid package contains all the necessary information, including a provision stating that you will abide by one of the three accepted Sustainable Development Certifications. If you believe that a bid was awarded unfairly to another contractor, our Jacksonville construction attorneys can also submit a bid protest on your behalf challenging the award.

LEED

There are several LEED certifications based on the type of construction being performed. BD+C (Building Design and Construction) is used for new construction and major renovations. It can also be used for schools, retail, hospitality, healthcare, and more. ID+C (Interior Design and Construction) covers commercial interiors. O+M (Building Operations and Maintenance) applies to existing buildings undergoing minor repairs. There are separate standards for neighborhood development, homes, and even cities and communities, too. Satisfying the rigorous LEED standards is no simple task, but it’s certainly worth it if you are looking to take on potentially lucrative public projects.

Keep in mind, the project checklist utilizes a scoring system with varying point values for all of the factors mentioned below. They are not weighted equally, and a building can be LEED certified without meeting all credits; however, all prerequisites are required (and labeled accordingly below). Buildings can obtain a maximum of 110 points. Earning 40-49 points results in a LEED certification. A building can also earn a Silver (50-59 points), Gold (60-79 points), or Platinum (80-110) LEED certification. To access a list of LEED v4 scorecards featuring point values, click here. Let’s take a look at the official “LEED v4 for BD+C: New Construction and Major Renovation” project checklist:

Location and Transportation (16 Points)

LEED for Neighborhood Development Location
Sensitive Land Protection
High Priority Site
Surrounding Density and Diverse Uses
Access to Quality Transit
Bicycle Facilities
Reduced Parking Footprint
Green Vehicles

Sustainable Sites (10 Points)

Construction Activity Pollution Prevention (Required)
Site Assessment
Site Development – Protect or Restore Habitat
Open Space
Rainwater Management
Heat Island Reduction
Light Pollution Reduction

Water Efficiency (11 Points)

Outdoor Water Use Reduction (Required)
Indoor Water Use Reduction (Required)
Building-Level Water Metering (Required)
Outdoor Water Use Reduction
Indoor Water Use Reduction
Cooling Tower Water Use
Water Metering

Energy and Atmosphere (33 Points)

Fundamental Commissioning and Verification (Required)
Minimum Energy Performance (Required)
Building-Level Energy Metering (Required)
Fundamental Refrigerant Management (Required)
Enhanced Commissioning
Optimize Energy Performance
Advanced Energy Metering
Demand Response
Renewable Energy Production
Enhanced Refrigerant Management
Green Power and Carbon Offsets

Materials and Resources (13 Points)

Storage and Collection of Recyclables (Required)
Construction and Demolition Waste Management Planning (Required)
Building Life-Cycle Impact Reduction
Building Product Disclosure and Optimization – Environmental Product Declarations
Building Product Disclosure and Optimization – Sourcing of Raw Materials
Building Product Disclosure and Optimization – Material Ingredients
Construction and Demolition Waste Management

Indoor Environmental Quality (16 Points)

Minimum Indoor Air Quality Performance (Required)
Environmental Tobacco Smoke Control (Required)
Enhanced Indoor Air Quality Strategies
Low-Emitting Materials
Construction Indoor Air Quality Management Plan
Indoor Air Quality Assessment
Thermal Comfort
Interior Lighting
Daylight
Quality Views
Acoustic Performance

Innovation (6 Points)

Innovation
LEED Accredited Professional

Regional Priority (4 Points)

Regional Priority: Specific Credit (x4)

Unlabeled (1 Point)

Integrative Process

Remember, this is only a summary of one particular LEED certification dealing with new construction and major renovation. Core and shell, schools, retail, data centers, warehouse and distribution centers, hospitality, and healthcare all feature unique project checklists that must be considered everytime you bid on a public project in Jacksonville. Although each checklist is unique, the total number of possible points is always set at 110.

Green Building Initiative’s Green Globes

Green Globes is a “nationally recognized green rating assessment, guidance and certification program” that is focused on reducing operational costs, offering tax incentives and utility rebates, meeting government regulations, attracting new employees, retaining existing employees, and increasing the long-term marketability of property. Similar to LEED, Green Globes features unique certification criteria for an array of building applications, including new construction, multifamily, core and shell, existing buildings, and more.

Using a 1000-point scale, Green Globes judges buildings on a broad range of factors, each weighted differently. Green Globes ratings are expressed in the form of one to four “Green Globes,” which are based on the percentage of points accumulated during grading. Our Jacksonville construction lawyers have included the official Green Globes ratings system and definitions below to help you better understand the nuances of this certification:

One Green Globe (35-54%): “Demonstrates a commitment to environmental efficiency practices.”
Two Green Globes (55-69%): “Demonstrates excellent progress in achieving reduction of environmental impacts and use of environmental efficiency practices.”
Three Green Globes (70-84%): “Demonstrates leadership in applying the best practices regarding energy, water, and environmental efficiency.”
Four Green Globes (85-100%): “Demonstrates national leadership and excellence in the practice of water, energy, and environmental efficiency to reduce environmental impacts.”

Now that you understand the rationale behind the grading scale, let’s take a look at the actual checklist contractors must reference when attempting to satisfy Green Globes’ standards:

Project Management (50 Points)

Integrated Design Process
Meetings
Performance Goals
Environmental Management
Commissioning

Site (115 Points)

Development Area
Ecological Impacts
Stormwater Management
Landscaping
Exterior Light Pollution

Energy (390 Points)

Performance
Demand
Metering
Measurement and Verification
Building Opaque Envelope
Lighting
HVAC Systems and Controls
Efficient Equipment
Renewable Energy
Energy-Efficient Transportation

Water (110 Points)

Consumption
Cooling Towers
Boilers & Water Heaters
Water-Intensive Applications
Treatment
Alternate Sources
Metering
Irrigation

Materials and Resources (125 Points)

Building Assembly
Interior Fit-outs
Re-use
Waste
Building Service Life Plan
Resource Conservation
Building Envelope

Emissions (50 Points)

Heating
Ozone-Depleting Potential
Global Warming Potential

Indoor Environment (160 Points)

Ventilation
Source Control and Measurement
Lighting Design and Systems
Thermal Comfort
Acoustic Comfort

Florida Green Building Coalition

Florida Green Building Coalition certification programs are designed to help contractors better understand and work within “the unique environmental and climatic characteristics of Florida.” They offer several certifications, including the Green Home Certification Standard, Hi-Rise Residential Standard, Commercial Building Standard, Green Development Standard, and Green Local Government Standard. This certification features especially robust standards. You can find the most recent project checklist here.

How Contractors Can Benefit by Participating Voluntarily on Private Projects

As our Jacksonville construction attorneys mentioned at the beginning of this editorial, contractors working on private projects are not required to satisfy the City of Jacksonville Sustainable Building Program Ordinance. That said, many contractors choose to integrate sustainable building practices into their repertoire to increase the value of their services and help initiate change in an industry that suffers from excessive material waste. Furthermore, contractors can benefit from several incentives, including:

Expedited development review
Special designation and recognition
Refund of certification fees

To learn more about your legal obligations when taking on public construction projects, consult a Jacksonville construction attorney from Cotney Attorneys & Consultants. Our dedicated team of experienced legal professionals exclusively serves contractors and other construction industry professionals. Whether you have become the target of a lawsuit or simply have a contract-related question, our team is standing by.

If you would like to speak with a Jacksonville construction litigation attorney, please contact us today.

Disclaimer: The information contained in this article is for general educational information only. This information does not constitute legal advice, is not intended to constitute legal advice, nor should it be relied upon as legal advice for your specific factual pattern or situation.