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Exhibit A to Administrative Order No. 44-23-01-F
<br />City of Eugene Public Contracting Rules 2022 – Part 2 Page 116
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<br />value engineering options, analyze and propose energy efficiency measures or
<br />alternative energy options, coordinate multiple disciplines on the project, effectively
<br />utilize the time available to commence and complete the improvement, and related
<br />matters that could affect the cost or quality of the Work.
<br />c) In Design-Build contracting, in addition to (a) and (b) above, those factors may also
<br />include design professional qualifications, specialized experience, preliminary design
<br />submittals, technical merit, design-builder team experience and related matters that
<br />could affect the cost or quality of the Work.
<br />d) In ESPC contracting, in addition to the factors set forth in subsections (a), (b) and (c)
<br />above, those factors may also include sample Technical Energy Audits from similar
<br />projects, sample M & V reports, financial statements and related information of the
<br />ESCO for a time period established in the RFP, financial statements and related
<br />information of joint venturers comprising the ESCO, the ESCO's capabilities and
<br />experience in performing energy baseline studies for facilities (independently or in
<br />cooperation with an independent third-party energy baseline consultant), past
<br />performance of the ESCO in meeting energy guarantee Contract levels, the specific
<br />Person that will provide the Energy Savings Guarantee to be offered by the ESCO, the
<br />ESCO's management plan for the project, information on the specific methods,
<br />techniques and equipment that the ESCO will use in the performance of the Work under
<br />the ESPC, the ESCO's team members and consultants to be assigned to the project, the
<br />ESCO's experience in the Energy Savings Performance Contracting field, the ESCO's
<br />experience acting as the prime contractor on previous ESPC projects (as opposed to a
<br />sub-contractor or consultant to a prime ESCO), the ESCO's vendor and product
<br />neutrality related to the development of ECMs, the ESCO's project history related to
<br />removal from an ESPC project or the inability or unwillingness of the ESCO to complete
<br />an ESPC project, the ESCO's M & V capabilities and experience (independently or in
<br />cooperation with an independent third-party M & V consultant), the ESCO's ability to
<br />explain the unique risks associated with ESPC projects and the assignment of risk in the
<br />particular project between the Contracting Agency and the ESCO, the ESCO's
<br />equipment performance guarantee policies and procedures, the ESCO's energy savings
<br />and cost savings guarantee policies and procedures, the ESCO's project cost guarantee
<br />policies and procedures, the ESCO's pricing methodologies, the price that the ESCO will
<br />charge for the Technical Energy Audit phase of the Work, and the ESCO's fee structure
<br />for all phases of the ESPC.
<br />3) Contract Negotiations. Contract terms may be negotiated to the extent allowed by the RFP
<br />and OAR 137-049-0600 to 137-049-0690, provided that the general Work scope remains
<br />the same and that the field of competition does not change as a result of material changes
<br />to the requirements stated in the Solicitation Document. See 137-049-0650. Terms that may
<br />be negotiated consist of details of Contract performance, methods of construction, timing,
<br />assignment of risk in specified areas, fee, and other matters that could affect the cost or
<br />quality of the Work. For the CM/GC Method, terms that may be negotiated also include the
<br />specific scope of pre-construction services, the GC Work, any Early Work, and other
<br />construction Work to be performed by the CM/GC, and any other terms that the Contracting
<br />Agency has identified as being subject to negotiation, consistent with the requirements of
<br />Rule 137-049-0690. In ESPC contracting, terms that may be negotiated also include the
<br />scope of preliminary design of ECMs to be evaluated by the parties during the Technical
<br />Energy Audit phase of the Work, the scope of Personal Services and Work to be performed
<br />by the ESCO during the Project Development Plan phase of the Work, the detailed
<br />provisions of the Energy Savings Guarantee to be provided by the ESCO and scope of
<br />Work, methodologies and compensation terms and conditions during the design and
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