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Portland's "G/Rated Tenant Improvement" Guide: Creating a High Performance Workspace

Jeff Bennett The City of Portland's Office of Sustainable Development (the "OSD") has a staff of approximately 40 and is involved in programs related to energy efficiency, renewable resources, waste reduction and recycling, global warming, green building, and sustainable food systems.

In 2004, four years after its inception, the OSD published the "G/Rated Tenant Improvement Guide," a 166-page document described on the OSD website as an "...all-in-one resource to help a first timer or savvy project manager implement a high performance commercial tenant improvement project from start-to-finish." The guide was a result of the combined efforts of people from the OSD, local developers, real estate professionals, consultants, material suppliers, designers, architects, contractors, property managers, PGE, technology developers, and city and county officials.

This user-friendly guide is an excellent tool for a building owner or construction team that is seeking an introduction to sustainable building. It introduces the benefits of implementing sustainable building concepts, such as employee productivity, potential tax credits, energy savings, community relations, and benefit to the environment. Each suggestion is introduced along with an explanation of why an owner would want to use it, where an owner could purchase the material or system, and an estimated cost and schedule impact that is relative to standard construction materials.

At first glance, the guide has a format similar to that of the LEED® Green Building Rating system. It provides suggestions for integrating material and system selections to meet "green" criteria for several different categories. Each suggestion is identified as related to thermal comfort, visual quality, acoustic quality, health and indoor air, materials efficiency, or resource conservation.

It is not clear from the OSD's website who has achieved certification for a G/Rated Tenant Improvement, with the exception of Quantec LLC, recognized as the first company to receive a recognition plaque. It is also not clear why many developers and construction professionals are not aware of the certification, although it has been available since 2004.

In some ways, the guide may be an oversimplification of the commitment that is required to design, build, and commission a "green" building. But it provides information about the products and systems available in today's market that would meet "green" standards and provides a framework by which a team can establish priorities and design its own green workspace.

The guide allows an owner to gain recognition for its efforts to "go green" without having to expend the registration fees for LEED®, which can range from $2,000 to $22,000. Additionally, the administrative costs incurred in the process of obtaining LEED® certification are not required to obtain the City of Portland's certificate of completion. The certificate recognizes a renovation as sustainably designed and constructed to meet G/Rated guidelines.

The G/Rated guide certification is based on an honor system and the completion of a four-page checklist. No lengthy submittals, reports, or tracking documents are required. If the project team wishes to go for LEED or Earth Advantage certification, many of the same criteria are measured.

The guide discusses implementation of sustainable building concepts from project design all the way through employee training on building functions and building maintenance. The guide does not provide specific cost or lead time information for any of the suggested materials. Neither does it discuss durability or maintenance requirements for the selections, which may become an important factor over the extended life of a workspace. It does identify whether a selection will result in a "moderate" or "minimal" impact, but it is up to the project team to identify the specific schedule and cost impact that a particular material will have on the project.

The OSD's website for the G/Rated program advertises free technical assistance for projects in Portland. The site offers project-specific initial consultation and resources. The site also says that the OSD is "accelerating the adoption of cost effective green building practices as the standard of development in Portland." It is possible that the G/Rated guide could become not just a tool with suggestions for environmentally friendly building methods but also a mandate for any private development in Portland to meet a certain green-building standard. Portland already has a city ordinance mandating that every project costing over $50,000 recycle at least 50 percent of its construction waste.

The guide should be integrated into the very first discussions of a potential renovation project. Many of the suggested action strategies involve early decisions by individuals who would not normally be involved in the design and construction process. Employee input regarding facilities that encourage alternative transportation, individual workspace, or other elements of a sustainable workplace can be a critical first step in prioritizing the commitment to "greening your TI."

This article is intended to inform the reader of general legal principles applicable to the subject area. It is not intended to provide legal advice regarding specific problems or circumstances. Readers should consult with competent counsel with regard to specific situations.

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