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4. Allows city to take advantage of private funding and development <br /> activities to enhance public infrastructure. <br /> <br /> Effect on Competition. None. The contract is awarded by private business owner who <br /> has personal motivation to minimize cost of improvements. <br /> <br /> No Favoritism. City does not select general contractor. General contractor is selected <br /> by developer. <br /> <br /> Other Factors. Initiated by private entities rather than city. City responds to <br /> opportunity. <br /> <br />EC 2.1430(4)(a) Hybrid Contracts - Design/build and CM/GC contracts. <br /> <br /> Alternate Award Process. Requires the use of formal, advertised request for proposals. <br /> <br /> Cost Savings and Other Benefits. Award of Design/Build or CM/GC contract to the <br /> lowest bidder under an invitation to bid would dramatically increase the risk of <br /> unsuccessful projects, waste and improper expenditure of public funds. Use of the RFP <br /> process is necessary to allow staff to evaluate the unique qualifications of the <br /> Design/Build team which will include personal service providers as well as construction <br /> experts. In the case of CM/GC contracts, the construction manager must provide design <br /> advice and the experience, management skills and efficiency of the construction manager <br /> are essential qualities than cannot be evaluated on a price basis. <br /> <br /> Effect on Competition. Requires complete and open competition to the same pool of <br /> potential contractors that would be qualified to respond to an invitation to bid. <br /> <br /> No Favoritism. Requires complete and open competition to the same pool of potential <br /> contractors that would be qualified to respond to an invitation to bid. <br /> <br /> Other Factors. The city has never awarded a design/build or CM/GC contract under an <br /> invitation to bid. The city is not aware of any other state or federal agency that awards <br /> design/build or CM/GC contracts under an invitation to bid. <br /> <br />EC 2.1430(4)(b)- Hybrid Contracts- Energy savings performance contracts. <br /> <br /> Alternate Award Process. Requires the use of formal, advertised request for proposals. <br /> <br /> Cost Savings and Other Benefits. Energy savings performance contracts will include <br /> scientific analysis, engineering and design services, cost-benefit analysis, construction <br /> services and subsequent scientific testing and monitoring services. ESP projects may be <br /> phased in over several years. Award of ESPCs to the lowest bidder under an invitation to <br /> bid would impair the city's ability to evaluate the skill, experience and educational <br /> qualifications of the contractor's team and dramatically increase the risk of unsuccessful <br /> projects, waste and improper expenditure of public funds. <br /> <br />Exhibit A Findings - 3 <br />L:\CMO\2005 Council AgendasLM050214\S0502144-attAx.doc <br /> <br /> <br />