THIRD PARTY REVIEWS REQUIRED FOR PERFORMANCE CONTRACTS

1. THIRD PARTY REVIEWS REQUIRED FOR PERFORMANCE CONTRACTS Purpose To provide an independent review of a pending performance contract with its related documents in order to protect the Agency in the technical aspects of the procurement. Review must be provided by a Professional Engineer, licensed in the state of Texas, who is qualified by meeting all requirements as specified by the State Energy Conservation Office for this activity.

2. Responsibilities The third party reviewer must make an assessment of the overall program scope of work and conduct a technical review of the consumption savings methodology, program investment, and economic justification. This review must include the following documents: The Contract The UAR The M&V Plan A Sample Periodic Utility Savings Report To accomplish this the third party reviewer must perform an on-site investigation of the facilities involved. The reviewer also must determine that the savings calculations and cost reduction estimates presented are factual, accurate, reasonable and in accordance with generally accepted engineering practices to the best of the reviewer�s knowledge.

3. Qualifications The third party reviewer must have extensive knowledge of energy and water-using systems found in institutional and commercial buildings, a working knowledge of energy efficiency retrofits utilizing state-of-the-art technologies, and a specific understanding of building operation and maintenance procedures. The third party reviewer must be experienced in conducting energy and water analyses that identify energy and water efficiency retrofit projects in institutional or commercial buildings. The third party reviewer must be knowledgeable in Measurement and Verification (M&V) techniques and protocols.

4. Documentation Two documents must be prepared and delivered by third party reviewer: A Summary of Findings Report delivered to the Agency A Third Party Reviewer Certification delivered to SECO

5. Directions to the third party reviewer for preparation of the Summary Findings Report are as follows: Project descriptions are complete, accurate, and represent on-site conditions observed by the reviewer. Projects are appropriate solution to existing conditions. The methods of calculating savings are reasonable and accurate according to generally accepted engineering standards. Project M&V Plans are appropriate for each UCRM and meet IPMVP Protocol requirements. Budget estimates are reasonable. The technical interest of the Owner is protected in the Contract. (A technical, not legal review, considering construction and environmental codes and regulations, energy efficiency standards, equipment quality, equipment pricing, projects savings calculations, proposed M&V Plan, etc.). 7. Cost/benefits are in balance.

6. Third Party Reviewer Certification The undersigned certifies that this these contract documents (Contract, Utility Assessment Report, Measurement and Verification Plan, and the Sample Periodic Utility Savings Report) meet all minimum requirements of the Texas Performance Contracting Requirements as administered by the State Energy Conservation Office. The undersigned also certifies that the savings calculations and the cost reduction estimates presented are factual, accurate, reasonable, and in accordance with generally accepted engineering practices to the best of the reviewer's knowledge. The reviewer further certifies and that he/she has performed an on-site investigation of the facilities involved, has reviewed all documentation presented by the energy service company, and has submitted a Summary of Findings Report to the Agency. This review has verified that (check off items below): ? The guaranteed annual savings will be equal to or greater than the total annual cost of the project, for each year during the life of the Contract. ? To the best of my knowledge, all contract documents comply with all applicable federal, state, and local construction and environmental codes and regulations. ? The contract contains a Utility Assessment Report, an M&V Plan, and a Sample Periodic Savings Report that document current energy consumption and will document further energy and water savings that occur as a direct result of this project. ? Payment and performance bonds are required by contract. ? All costs for verification of savings, provision of bonds, financing, administration, guarantees, etc. are included in the overall project cost.