(a) Definitions. In this section, the following words have the meanings indicated.
(1) "High performance building" means a building that meets or exceeds the current version of the U.S. Green Building Council's Leadership in Energy and Environmental Design ("LEED") Green Building Rating System Silver rating.
(2) "Major renovation" means the renovation of a building in which, at the time of the initial planning of a capital improvement project, it is anticipated that:
(i) the building shell will be reused;
(ii) the electrical, plumbing, and heating, ventilating, and air conditioning (HVAC) systems will be replaced; and
(iii) the scope of the renovation will be 10,000 square feet or greater.
(b) Generally. Whenever a capital improvement project is to be undertaken by the County, the Director of Public Works shall cause plans, specifications, and estimates to be prepared. The Chief Administrative Officer shall determine whether the capital improvement project is to be constructed by contract or by the County's force account labor.
(c) High performance buildings. Except as provided in subsections (d) and (e), a capital improvement project for construction of a County-owned building of 10,000 square feet or more or for a major renovation of a County-owned building shall be constructed or renovated to be a high performance building.
(d) Exempted buildings. The following buildings are exempt from the requirements of subsection (c):
(1) warehouses and storage facilities;
(2) garages;
(3) maintenance facilities;
(4) transmitter buildings;
(5) pumping stations;
(6) water and wastewater treatment facilities; and
(7) other similar types of buildings, as determined by the Director of Public Works.
(e) Waiver.
(1) The Chief Administrative Officer may waive the requirements of subsection (c) if the Director of Public Works recommends doing so because achieving a high performance building in a proposed capital improvement project is not practicable.
(2) Any waiver granted under this subsection shall be in writing, state the reasons for the waiver, and be included with the records for the capital improvement project.
(f) Cost exceeds $100,000. If the capital improvement project is to be constructed by contract and the estimated cost exceeds $100,000, competitive bids or proposals shall be secured and the contract shall be awarded in accordance with the provisions of § 8-2-104 or § 8-2-105, as applicable, except that an award of any capital improvement contract may not be made without the written approval of the Department of Public Works, the Controller, and one of the following: the County Executive, the Chief Administrative Officer, or the County Executive's designee. All contracts for capital improvements shall be approved by the County Attorney as to form and legal sufficiency and, following approval, shall be executed on behalf of the County by the County Executive, the Chief Administrative Officer, or the County Executive's designee.
(g) Appropriation. If bidding results in, or subsequent changes to the contract require, additional expenditure in excess of the appropriation, the additional amount is subject to approval by the County Council by supplementary or emergency appropriation ordinance as provided for in § 712 of the Charter.
(1985 Code, Art. 10, § 2-113) (Bill No. 59-85; Bill No. 13-89; Bill No. 23-04; Bill No. 14-05; Bill No. 58-08; Bill No. 53-09; Bill No. 85-13; Bill No. 8-17; Bill No. 80-18
; Bill No. 19-19
; Bill No. 1-21
)