Lecture 10 - Achieving Sustainability Through Business Practices
Sustainable Transportation Curriculum for Universities
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LECTURE 10: Achieving Sustainability through Business Practices
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Contracting and Sustainability
Contracting is the process of establishing a legally enforceable agreement expressing the expectations, responsibilities, and protections of each party for services and materials.
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Contracting and Sustainability
Contracts are a risk allocation instrument that identifies how the risk associated with sustainability goals and requirements is shared between the contract parties
Specifically, contracts can:
- Allow, mandate, and incentivize sustainability
- Explain how sustainability is priced
- Describe how the risks associated with sustainability are allocated
Source: S. Muench, G. Migliaccio, J. Kaminsky, M. Ashtiani, A. Mukherjee, C. Bhat, and J. Anderson. NCHRP Research Report 916: Sustainable Highway Construction Guidebook. 2019. https://doi.org/10.17226/25698
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Allowing Sustainability
The passive contractual approach to sustainability is to allow certain sustainable construction practices (SCPs) but to require none
- It is the least effective method to address sustainability because there is no guarantee that any SCP will occur
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Typically, a contractor will only implement an allowed but not required SCP if it represents a business opportunity
- If the SCP can increase revenue or market share, reduce expenses, increase employee productivity, or reduce risk
- Contractor wishes to implement an SCP for reasons of goodwill (done for the greater good of society)
Source: S. Muench, G. Migliaccio, J. Kaminsky, M. Ashtiani, A. Mukherjee, C. Bhat, and J. Anderson. NCHRP Research Report 916: Sustainable Highway Construction Guidebook. 2019. https://doi.org/10.17226/25698
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Requiring Sustainability
The aggressive contractual approach to sustainability is to require specific SCPs within the contract
- One way to require SCPs in a contract is to specifically call out each one in the contract and/or specifications as any other construction practice would be
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Alternatively, a performance-based metric can be identified in the contract, allowing the contractor to meet it by choosing from a list of SCPs
- This provides contractors with the flexibility to meet sustainability requirement in the most cost-effective and efficient manner
- For example, including a requirement in the contract to use a particular accelerated bridge construction technique deemed most feasible for a particular project
Source: S. Muench, G. Migliaccio, J. Kaminsky, M. Ashtiani, A. Mukherjee, C. Bhat, and J. Anderson. NCHRP Research Report 916: Sustainable Highway Construction Guidebook. 2019. https://doi.org/10.17226/25698
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Incentivizing Sustainability
The positive contractual approach to sustainability is to incentivize inclusion of SCPs in a project
To incentivize inclusion
- Contractors must spend money to achieve an incentive, so incentives should not be viewed as entirely supplemental income/profit
- There are associated expenses, which can be substantial
- Incentivizing SCPs adds to the allowing sustainability approach by providing money to influence when the contractor might view accomplishing an SCP as a good business opportunity
- There is no guarantee that any identified SCP will be accomplished since it is at the contractor's discretion
- An example of incentivizing SCPs is a payment offered by an owner to a contractor if the contractor's project team has one or more personnel credentialed in the sustainability rating system being used on the project
Source: S. Muench, G. Migliaccio, J. Kaminsky, M. Ashtiani, A. Mukherjee, C. Bhat, and J. Anderson. NCHRP Research Report 916: Sustainable Highway Construction Guidebook. 2019. https://doi.org/10.17226/25698
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Pricing Sustainability
- SCPs can be priced separately on a unit bid schedule
- When done, it is often because the owner wants to identify how much SCPs cost upfront (since sustainable practices, such as using materials with a lower carbon footprint based on an LCA, may be more expensive)
Source: S. Muench, G. Migliaccio, J. Kaminsky, M. Ashtiani, A. Mukherjee, C. Bhat, and J. Anderson. NCHRP Research Report 916: Sustainable Highway Construction Guidebook. 2019. https://doi.org/10.17226/25698
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Pricing Sustainability (continued)
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If understanding the cost of sustainable practices is a goal, it can best be done by listing them separately as an alternate bid — a defined portion of the work that is priced separately, which provides the owner an option to include that scope of work
- A baseline bid can be compared with a sustainable alternate bid
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Cost of sustainability is difficult to determine from a bid because:
- Bids indicate price, not cost
- Many SCPs have short or nonexistent histories, which may make an accurate estimate difficult
Source: S. Muench, G. Migliaccio, J. Kaminsky, M. Ashtiani, A. Mukherjee, C. Bhat, and J. Anderson. NCHRP Research Report 916: Sustainable Highway Construction Guidebook. 2019. https://doi.org/10.17226/25698
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Sustainability Risks
Contracts determine risk allocation between parties
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Risks involved with SCPs may be less understood and quantifiable than more traditional risks:
- Which party assumes the risk if it does not function properly?
- What if it costs more than anticipated?
- What if it gets removed from the contract by change order but is needed to meet a rating certification required by the contract?
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Project delivery methods that make communication among parties easier, such as design-build (DB), are generally better suited to sustainable procurement and contracting
- Focusing on sustainability is relatively new, and more communication is needed to agree on processes and details that are newly developed
- Project delivery systems that emphasize sharing of project risks in a non-adversarial manner, such as systems based on DB, show an improved performance on project sustainability metrics
Source: S. Muench, G. Migliaccio, J. Kaminsky, M. Ashtiani, A. Mukherjee, C. Bhat, and J. Anderson. NCHRP Research Report 916: Sustainable Highway Construction Guidebook. 2019. https://doi.org/10.17226/25698
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Business Benefits of Sustainability
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Drives internal innovation
Sustainable practices provide the opportunity for new, innovative ideas to grow -
Improves environmental and supply risk
Renewable resources provide greater security over energy sources -
Attracts and retains employees
Commitment to sustainability may impact employees' career decisions -
Expands audience reach and builds brand loyalty
Focus on sustainability may help build a broader, more loyal customer base -
Reduces production costs
Using fewer resources, or more sustainable ones, can decrease production costs
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Business Benefits of Sustainability (continued)
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Garners positive publicity
Sustainability draws attention in the form of press releases and announcements -
Helps you stand out in a competitive market
Differentiation from competitors has market value -
Sets the industry trend
Organizations that are the first in their field to adopt sustainable practices become a trend-setting leader and prompt other organizations to follow
https://online.hbs.edu/blog/post/business-case-for-sustainability
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LECTURE 10: Achieving Sustainability through Business Practices