SOQ Professional Services for Energy Savings Performance Contracting.pdf

City of Pendleton | October 14, 2026 Page 1 of 19

REQUEST FOR QUALIFICATIONS

Professional Services for Energy Savings Performance Contracting

One-Step Qualifications-Based Selection

City of Pendleton, Oregon

Issue Date October 14, 2026

Questions Due November 2, 2026, at 4:00 p.m. Pacific Time

Statement of Qualifications Due

November 10, 2026, at 2:00 p.m. Pacific Time

RFQ Contact

Kyle Willman, Assistant Public Works Director ATTN: Pendleton Energy Savings Performance Contracting Services 500 SW Dorion Avenue Pendleton, OR 97801 kyle.willman@pendletonor.gov | 541-276-3372

Submission Method Hard copy; see Section 13

Selection / Response Limits

Three (3) highest-ranked qualified ESCOs Maximum of three agreements; fewer only as stated in Sections 14 and 15 30 printed sides or fewer per complete response

Revision date: October 14, 2026. All deadlines are Pacific Time.

City of Pendleton | ESPC Request for Qualifications

City of Pendleton | October 14, 2026 Page 2 of 19

Contents

1. Introduction and Background

2. Project Objectives

3. Scope of Services

4. Minimum Qualifications

5. Statement of Qualifications Requirements

6. Project Experience and References

7. Project Team and Staffing

8. Savings Guarantee and Measurement & Verification

9. Project Development and Delivery Approach

10. Financing, Grants, Incentives, and Funding Support

11. Renewable Energy, Resiliency, and Infrastructure Modernization

12. Oregon-Specific Qualifications

13. Procurement Schedule and Submission Instructions

14. Evaluation Criteria

15. Contract Negotiation and Reserved Rights

16. Standard Procurement Conditions

17. Anticipated Agreement Structure

18. Insurance, Bonding, Licensing, and Compliance

19. Response Format and Page Limit

Attachment A: Facility Profile

Attachment B: Required Forms, Submittal Checklist and Evaluation Score Sheet

City of Pendleton | October 14, 2026 Page 3 of 19

1. Introduction and Background

The City of Pendleton (City) is soliciting Statements of Qualifications (SOQs) from qualified Energy Service Companies (ESCOs) through a one-step, qualifications-based process to select professional service providers for the City's energy, water, operational, and infrastructure improvement program. The City seeks firms experienced in Energy Savings Performance Contracting (ESPC, also called EPC) to provide the professional and related consultant services described in Section 3.

Selection and Program Term. The City intends to select the three (3) highest-ranked responsive and qualified ESCOs and negotiate a separate professional services agreement with each. No more than three agreements will be awarded. Fewer may be awarded only as provided in Sections 14 and 15, with the basis documented. Each agreement is anticipated to have an initial four (4) year term and up to three (3) two-year extensions, for a maximum ten (10) year period for assigning new work. Extensions require written City approval and are subject to satisfactory performance, funding, and the agreement terms.

Effect of RFQ Selection. This is a one-step, qualifications-based selection of professional service providers, not a preliminary screening or shortlist for a later provider-selection solicitation. The City intends to negotiate and execute professional services agreements with the three highest-ranked responsive and qualified ESCOs, subject to Section 15 and required approvals. Compensation will be negotiated after qualifications-based selection. Once agreements are executed, paid professional services within the scope of this RFQ, including Technical Energy Analyses (TEAs), Project Development Plans (PDPs), engineering, commissioning, and measurement and verification (M&V), may be authorized by written task orders under Section 17 without a second provider-selection RFQ or RFP. Selection does not guarantee work or exclusivity, and no services may begin until an agreement and written task authorization are in place. This selection does not award an integrated ESPC or construction contract.

Oregon Statutory Compliance

The City and respondents shall comply with applicable Oregon Revised Statutes (ORS), Oregon Administrative Rules (OAR), City of Pendleton Ordinance No. 3715, and applicable funding requirements. The professional-services selection and resulting agreements shall comply with Section V.E of Ordinance No. 3715, ORS 279C.110 as applicable, and the governing consultant-selection and multiple-agreement procedures. The actual scope of each assignment controls its procurement classification. Integrated ESPC design-build or construction work is outside these professional services agreements and requires the applicable public-improvement procurement and approvals. This RFQ does not establish a procurement exemption.

Respondents may identify exceptions to solicitation or proposed contract terms. Any claimed statutory or regulatory exemption must state its legal basis; a requested exception does not authorize noncompliance with applicable law. ODOE qualification is an eligibility requirement of this RFQ, not a replacement for the City's procurement obligations.

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2. Project Objectives

Reduce annual utility consumption and operating costs through guaranteed savings.

Address deferred maintenance through eligible capital improvements and modernize critical municipal infrastructure.

Improve occupant comfort, indoor environmental quality, reliability, and resiliency.

Evaluate renewable energy, energy storage, backup power, EV infrastructure, and related improvements where practical.

Leverage grants, utility rebates, tax-exempt financing, incentives, and other funding sources.

Establish a transparent, auditable program with annual reporting and long-term accountability.

Establish professional services agreements with the three highest-ranked qualified ESCOs through this one-step selection, with assignments authorized by written task orders.

3. Scope of Services

The following professional and related consultant services may be assigned under the resulting agreements. Paid TEAs, PDPs, design, commissioning, and M&V services within this scope require an executed agreement and written task order, not a second public provider-selection solicitation. References to construction delivery and savings guarantees in the qualifications requirements assess relevant experience and advisory capabilities; they do not authorize construction. A TEA intended for use as an EPC audit must meet applicable investment-grade audit requirements.

Phase Professional Services Expected Deliverables

Technical Energy Analysis (TEA) / Investment Grade Audit

Facility assessment, utility analysis, baseline development, identification of energy conservation measures (ECMs), preliminary engineering, cost and life-cycle analysis.

Investment-grade TEA report, baseline, screened ECMs, savings assumptions, and feasibility findings.

Project Development Plan (PDP)

Engineering and design development, proposed project scope, funding analysis, and development of savings assumptions, guarantee terms, and M&V plans.

PDP, scope, savings and financial analyses, M&V plan, schedule, and proposed contract exhibits.

ECM Design and Implementation Support

Engineering design, procurement-document support, owner-side construction management and observation, commissioning, testing oversight, and operator training; no construction or equipment installation.

Design and bid documents, review and observation reports, commissioning reports, training materials, and record-document review.

Performance / M&V Services

Annual M&V, savings reconciliation, performance analysis, and technical support; review of guarantee performance and recommendations within the authorized professional scope.

M&V reports, savings reconciliation, performance findings, and corrective-action recommendations.

Potential improvement categories may include HVAC, controls, lighting, water conservation, building envelope improvements, solar, battery energy storage, microgrids, backup power, EV charging, utility infrastructure, metering, energy management systems, street lighting, and other energy, water, utility, or operational improvements authorized by applicable law.

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Construction Boundary. Design-build delivery, direct equipment purchasing or installation, and physical construction are not task-order services under this RFQ. Any later integrated ESPC or construction award requires its own lawful procurement and City approvals. Where the EPC exception is used, the scope must satisfy OAR 137-049-0680, including its existing-facility and eligible-measure limits. Professional-services selection neither guarantees nor prohibits participation in a later construction procurement; applicable conflict-of-interest, oversight, and solicitation requirements control.

4. Minimum Qualifications

ODOE Qualification - Respondents must be currently qualified under the Oregon Department of Energy (ODOE) ESCO Qualification Program as of the SOQ deadline. Include evidence of qualification and its expiration date. Any required qualification must remain current through the applicable agreement term;

disclose pending renewal or any change in status promptly.

Oregon Registration, Licensing, and Credentials - The selected ESCO and its consultants and subcontractors shall maintain all Oregon registrations and professional licenses required for their assigned work. Key personnel should hold relevant professional certifications, such as Certified Energy Manager (CEM), where appropriate. Engineering services requiring professional licensure shall be performed by an Oregon-licensed Professional Engineer.

Firm Experience - A minimum of ten years of demonstrated ESPC or comparable turnkey energy services experience by the responding firm or a documented legal predecessor. Identify predecessor experience separately. Staff experience at another employer may support the team qualifications but does not by itself establish the responding firm's ten-year history.

Demonstrated experience delivering ESPC projects for Oregon public entities.

Demonstrated experience with water and wastewater treatment, pumping, distribution, collection, or related utility facilities.

Demonstrated ability to identify, pursue, and coordinate grants, utility incentives, rebates, and other co-funding sources.

Demonstrated ability to develop annual savings guarantees and M&V plans, including baseline development, annual reconciliation, and corrective action or payment for shortfalls.

Professional engineering capability and ability to comply with applicable licensing requirements.

Ability to furnish evidence of insurance required for professional services and to demonstrate bonding capability associated with ESPC experience. Construction bonds are required only when applicable to separately procured implementation work.

Financial strength sufficient to support project development and guaranteed savings obligations.

Compliance with all applicable federal, state, and local laws, codes, procurement requirements, and labor requirements.

Demonstrated construction delivery capability and a support plan sufficient for responsive project management, field supervision, subcontractor coordination, commissioning, and long-term support in Oregon.

An existing office in Pendleton is not required.

5. Statement of Qualifications Requirements

Responses shall be concise, complete, and organized into the eight sections below, matching Section 19. Cross-references may be used to avoid duplication. Required forms, resumes, samples, and supporting documentation are included in the overall maximum of 30 printed sides. Failure to provide material required information may make a response nonresponsive.

1. Cover Letter and Executive Summary: Provide a signed statement of interest, understanding of the City's objectives, and a summary of qualifications.

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2. Firm Profile and Minimum Qualifications: Provide legal name, address, principal contacts, year established, type of firm, ownership, relevant offices and former names, and bankruptcy disclosures, if applicable. Address each minimum qualification, including ODOE status, licenses, guarantee history, financial strength, and bonding and insurance capability.

3. Comparable Project Experience: Provide the five project summaries and historical performance information required by Section 6, identifying the respondent's actual role on each project.

4. Project Team and Staffing: Provide an organization chart, concise resumes, roles, responsibilities, qualifications, Oregon licenses or licensing plan, availability, and relevant assignments for key personnel.

5. Technical Approach and Delivery Methodology: Address assessment, engineering, ECM development, professional implementation support, commissioning, training, coordination with City staff and other consultants, local support, permitting, and the topics in Sections 9, 11, 12, and 18. Distinguish professional services from construction outside this RFQ's scope.

6. Savings Guarantee and M&V: Address Section 8, including baseline adjustment, annual reporting, reconciliation, and shortfall remedies. Include concise sample excerpts rather than complete agreements.

7. Financing, Grants, Incentives, and Funding Support: Describe experience, capabilities, and approach under Section 10. Do not submit a proposed financing offer or a fee proposal for this RFQ.

8. References and Required Forms: Provide three Oregon public-entity references under Section 6, the signed certification and disclosures in Attachment B, addenda acknowledgments, and the insurance/bonding capability documentation described in Section 18. Identify exceptions and conflicts, or state that there are none.

No Proposed Prices. Do not include proposed fees, hourly rates, markups, audit prices, proposed hours of effort, construction prices, or other compensation offers. Historical project costs, historical savings, and evidence of financial capacity may be provided solely to demonstrate experience and capability. They are not price offers for this procurement and will not be scored as such.

6. Project Experience and References

Provide five comparable projects that achieved substantial construction completion within the five years preceding the SOQ deadline. At least three must be for Oregon public entities and include client references. An ongoing savings-guarantee or M&V period does not make a substantially completed project ineligible. Emphasize municipal ESPCs, water/wastewater facilities, and other public-sector work. Identify the responding firm's prime-contractor or other role and distinguish the experience of predecessor firms or proposed personnel.

The same three Oregon references may satisfy Sections 5, 6, and 19; separate duplicate references are not required. Respondents may use their own format while providing the information below.

Information Required Content

Client and facility Client/project name, location, facility type, scope, and substantial completion date.

Role and delivery Respondent's actual role, key personnel involved, measures installed, and construction/operational constraints.

Historical cost and results

Completed project cost, guaranteed savings, measured results to date, and any shortfall or corrective action. These are past-performance data, not proposed prices.

Reference Client contact name, title, telephone, and email. Identify at least three Oregon public-entity references among the five projects.

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7. Project Team and Staffing

Identify each individual assigned primary responsibility for technical analysis, engineering design, construction management, commissioning, training, financing support, and post-construction M&V. The City of Pendleton will evaluate both firm credentials and the qualifications of the proposed team assigned to this program.

Project executive and project manager experience with public-sector ESPC programs.

Lead engineering personnel, licensing, energy modeling capabilities, and technical certifications.

Construction management and site supervision experience in occupied municipal facilities.

Commissioning, M&V, and post-construction support capabilities.

Continuity plan if key personnel change during the program.

8. Savings Guarantee and Measurement & Verification

Respondents shall describe their approach to developing, managing, and reconciling annual guaranteed savings.

The City prefers a transparent M&V approach consistent with the International Performance Measurement and Verification Protocol (IPMVP), supported by annual reporting and clear reconciliation procedures.

Baseline development and utility normalization, including adjustment for weather, operating hours, facility use, treatment flow and load, and changes in permit requirements where relevant.

Separate recurring energy, water, and operating savings from avoided capital costs, grants, rebates, and incentives. Explain assumptions, verification, exclusions, and safeguards against double counting; identify which savings may be included in a future guarantee.

Annual M&V report content, City review and data-access rights, reconciliation timing, and treatment of baseline changes and any carryforward or offset of excess savings.

Contractual shortfall remedies, corrective action, payment responsibility and timing, and proposed exceptions.

No exclusions or offsets will apply unless expressly accepted in the future agreement.

Concise sample guarantee and M&V excerpts from completed public-sector projects, counted within the 30-printed-side limit.

Any future project agreement will state the guarantee term, measurement methods, approved adjustments, annual review schedule, remedies, and any security required for post-construction obligations. RFQ narratives do not establish or authorize a project-specific guarantee.

9. Project Development and Delivery Approach

Respondents shall describe how they would provide professional services from initial technical analysis and project development through design, owner-side implementation support, commissioning, and long-term M&V.

The response should demonstrate a practical approach to facility assessment, ECM development, life-cycle analysis, coordination with separately procured construction, training, and performance management.

Required Topic Response Should Address

Audit Methodology Site investigations, utility analysis, baseline development, ECM screening, modeling tools, and validation process.

Life-Cycle Cost Evaluation

Total cost of ownership, maintenance impact, equipment service life, avoided capital costs, and cash-flow analysis.

Implementation Support Procurement-document support, owner-side coordination, construction observation, schedule review, quality assurance, and work in operating facilities.

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Required Topic Response Should Address

Commissioning & Training

Functional testing, seasonal commissioning, training manuals, operator training, and warranty transition.

Long-Term Support Monitoring, optimization, annual reporting, issue resolution, and owner communication procedures.

Coordination with City Staff and Other Consultants

Respondents shall describe their approach to working with the City's in-house engineering, Public Works, facility operations, and other designated staff, as well as other selected ESCOs and City-retained consultants. Address the project manager's role, communication and meeting practices, coordination of schedules and site access, sharing of project information, integration of technical work, and resolution of overlapping responsibilities.

Explain how the team will avoid duplicated effort, maintain consistent project documentation, and minimize disruption to City operations. Provide examples from comparable projects demonstrating successful coordination with public-agency staff and multiple consultant teams. During this solicitation, the communication restrictions in Section 13 remain in effect.

10. Financing, Grants, Incentives, and Funding Support

Describe experience supporting municipal financing and funding strategies, including tax-exempt financing, municipal lease-purchase agreements, bonds, grants, rebates, utility incentives, and other funding sources.

Under authorized professional-services task orders, a selected ESCO may assist with financing analysis, cash-flow schedules, incentive identification, and grant or rebate documentation. Any borrowing, financing commitment, or equipment acquisition requires separate City approval and is not awarded by this RFQ.

Examples of grants, rebates, or incentives secured for public-sector clients during the last three years.

Approach to identifying and applying for utility rebates and external funding opportunities.

Experience coordinating with municipal finance teams, lenders, bond counsel, and third-party reviewers.

Process for presenting transparent assumptions, financing mechanics, equipment ownership, security interests, and responsibilities.

11. Renewable Energy, Resiliency, and Infrastructure Modernization

The City is interested in evaluating energy conservation measures and infrastructure improvements that may include renewable energy, energy storage, microgrids, backup power, EV infrastructure, controls modernization, metering, and resilience planning where feasible and cost-effective. Respondents should describe relevant experience, utility coordination, interconnection support, controls integration, and long-term performance monitoring capabilities.

12. Oregon-Specific Qualifications

Prevailing Wage Compliance

Any later construction shall comply with applicable Oregon public works and prevailing wage requirements.

Professional-services assignments shall include applicable labor and reporting obligations and any owner-side compliance support expressly assigned in the task order.

Demonstrate experience administering prevailing wage projects and monitoring subcontractor compliance.

Identify experience with additional labor or reporting requirements attached to outside funding.

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Oregon Construction Delivery and Local Presence

Describe the Oregon service and professional implementation-support plan, including project management, construction observation, coordination with the City and its contractors, schedule review, commissioning, and post-construction support. Construction-delivery experience may demonstrate qualifications but does not expand the awarded professional scope. Demonstrated ability to serve Pendleton will be evaluated; no separate preference is awarded solely because a firm maintains a local office.

Oregon Permitting

Each task order will assign professional assistance with permits, approvals, and environmental clearances. The ESCO shall maintain licenses and permits required for its own professional services and coordinate with the City on owner approvals. Construction-contractor permits remain with the separately contracted constructor unless lawfully assigned otherwise. Demonstrate familiarity with Oregon permitting and environmental requirements.

Oregon Municipal and Infrastructure Experience

The City of Pendleton will evaluate the respondent's demonstrated experience with Oregon municipal ESPCs, water and wastewater facilities, public infrastructure, utility coordination, grant and co-funding strategies, controls integration, and long-term performance support.

Relevant experience will be evaluated only through the criteria and weights published in Section 14. No additional unscored preference applies.

13. Procurement Schedule and Submission Instructions

Milestone Date / Time - Pacific Time

RFQ issued October 14, 2026

Pre-submittal meeting / site visit None scheduled

Questions due Monday, November 2, 2026, at 4:00 p.m.

Scheduled responses / addendum Friday, November 6, 2026, at 4:00 p.m.

SOQs due Tuesday, November 10, 2026, at 2:00 p.m.

Interviews Not included in this RFQ evaluation

Provider selection / notice of intent Tuesday, November 17, 2026 - anticipated

City Council consideration Tuesday, November 24, 2026, at 7:00 p.m. - tentative; subject to protest resolution and required approvals

Submit one signed original hard-copy SOQ in a sealed envelope or package to Kyle Willman, Assistant Public Works Director, City of Pendleton, 500 SW Dorion Avenue, Pendleton, OR 97801. Label the package "Pendleton ESPC Statement of Qualifications - Due November 10, 2026, 2:00 p.m." The complete response must contain 30 printed sides or fewer. Electronic or fax submissions are not accepted. Delivery, including delivery by a carrier, is the respondent's responsibility. The City's recorded receipt time controls; a postmark is not proof of timely receipt. Late responses will not be considered, except as required by controlling law.

Communications and Addenda. Direct all RFQ questions and requests for information to the RFQ Contact.

Unauthorized contact with other City personnel, elected officials, consultants, or evaluators concerning this selection may result in disqualification. Register a contact email with the RFQ Contact to receive written addenda. The City will distribute addenda to all registered respondents and make them available through the

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RFQ Contact. Only a written addendum changes the RFQ; oral statements do not. Respondents are responsible for acknowledging all issued addenda.

The City may extend the deadline by written addendum when additional preparation time is needed. Material changes to requirements, evaluation, or interviews must be announced before the SOQ deadline with sufficient response time. The listed notice and Council dates are estimates, not authority to act before required protest periods expire and timely protests are resolved.

14. Evaluation Criteria

The City will first review timely responses for responsiveness and the minimum qualifications in Section 4. A committee of at least three individuals, including a City employee designated as chair, will evaluate qualified responses using only the criteria and maximum points below. No respondent or its principals, partners, or associates may serve on the committee; evaluator conflicts must be disclosed and resolved. Evaluators will record reasons and total scores. Final scores are the arithmetic average of evaluator totals, without rounding for ranking. This is the final qualifications evaluation for provider selection; proposed compensation is not requested, scored, or used to break ties. No interviews will occur unless a pre-deadline addendum states their process and effect on scoring.

Evaluation Criterion Points Key Considerations

Oregon Municipal ESPC Experience 20 Oregon municipal ESPCs, prime-contractor experience, comparable scope, and verified historical results.

Water/Wastewater Facility Experience 15 Treatment, pumping, distribution, collection, controls, and continuously operating facilities.

Project Team Qualifications 15 Assigned personnel, Oregon licensing, engineering depth, construction management, commissioning, M&V, availability, and continuity.

Savings Guarantee & M&V Approach 15 Guarantee development, baseline methodology, annual reporting, reconciliation, and shortfall remedies.

Construction Delivery & Local Presence 15

Relevant delivery experience; ability to provide professional project management, coordination with City staff and other consultants, commissioning, and responsive support in Pendleton.

Grants, Incentives & Co-Funding 10 Demonstrated ability to identify and support grants, utility incentives, rebates, and other co-funding sources.

Financial Strength & Bonding Capacity 5 Financial capacity, bonding and insurance capability, and ability to support guarantee obligations; not proposed price.

References from Oregon Public Entities 5 Relevant references, client satisfaction, delivery performance, and long-term support.

Total 100

Ranking and Selection. Unless the City rejects all responses, it will select the three highest-ranked responsive and qualified ESCOs for agreement negotiations. If fewer than three qualified firms are available, the City may select fewer only after documenting why three agreements are not feasible; it will not select an unqualified firm to fill a position. Ties affecting ranking will be resolved by higher average scores, in order, for Oregon Municipal ESPC Experience, Water/Wastewater Facility Experience, and Project Team Qualifications. If still tied, a publicly

City of Pendleton | October 14, 2026 Page 11 of 19 observed drawing will be held after notice to the tied firms. This ranking is the provider selection for this solicitation, not a shortlist for a follow-on RFP. Final agreements are subject to Section 15.

15. Contract Negotiation and Reserved Rights

Following notice, resolution of timely protests, and required City approvals, the City will negotiate separate professional services agreements in ranking order with the three highest-ranked qualified ESCOs. Negotiations will address scope, responsibilities, schedule, insurance, terms, and fair and reasonable compensation. Fees will be negotiated after qualifications-based selection and will not be used to re-rank firms. No second provider-selection RFQ or RFP is contemplated for these agreements.

If the City and a selected firm cannot reach an acceptable agreement within a reasonable time, the City will terminate those negotiations in writing and may proceed to the next highest-ranked qualified firm not already awarded an agreement. The City will not compare competing fee offers to select a replacement. It may continue in ranking order until three agreements are executed, or document why fewer are feasible, subject to applicable notice, protest, and approval requirements.

The City may reject any or all responses, waive only minor informalities that do not affect fair competition, request written clarifications, amend the schedule by written notice, or cancel the solicitation in the City's best interest. Material changes require a written addendum and, where necessary, an extended deadline or new solicitation.

The City is not liable for costs incurred by respondents in preparing or submitting responses, participating in interviews, or negotiating agreements.

All materials submitted become the property of the City and may be subject to public records requirements.

Respondents shall clearly mark any information claimed as confidential or proprietary, subject to applicable law.

Each resulting agreement is subject to successful negotiations, required City approvals, applicable law, and availability of funds for authorized assignments. Award of an agreement does not guarantee a task order, minimum workload, or renewal.

16. Standard Procurement Conditions

This RFQ evaluates qualifications using the stated criteria and procedures. A clarification must be written and signed and becomes part of the SOQ. Clarifications may explain information submitted on time but may not cure a material failure to meet qualifications or materially change the response after closing. Any legally permitted revised-response process must be expressly authorized and offered fairly; this RFQ does not establish such a process.

Condition Requirement

Addenda Acknowledge all written addenda on the Attachment B certification. Oral statements do not amend the RFQ.

Exceptions Identify exceptions to the RFQ or stated future agreement requirements in Attachment B, or state "None." No City sample agreement is incorporated unless actually furnished by written addendum.

Public Records Submitted materials may be subject to disclosure. Identify specific information claimed confidential and its legal basis. The City will determine disclosure under applicable law;

merely labeling a response confidential does not establish an exemption.

Conflict of Interest Disclose actual, potential, or perceived conflicts involving the City, its representatives, this selection, or proposed owner-oversight services; state "None" when appropriate.

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Condition Requirement

Non-Collusion Sign the Attachment B certification confirming an independent response without collusion or improper coordination.

Response Costs Respondents bear all costs of preparing and submitting an SOQ and participating in the selection. No audit, development, or other paid work is authorized by responding.

Reserved Rights Reserved rights do not permit undisclosed criteria, unequal treatment, waiver of material requirements, or an award contrary to governing procurement law.

Protests and Appeals

Submit a signed written protest to the City Manager, City of Pendleton, 500 SW Dorion Avenue, Pendleton, OR 97801, with a copy to the RFQ Contact. Identify the solicitation, the challenged act or requirement, each factual and legal ground, the specific provision allegedly violated, supporting evidence, resulting harm, and requested relief. Any applicable protest fee is governed by the City's duly adopted fee schedule, available from the City Manager; this RFQ does not create or waive a fee.

Protests of solicitation terms or the procurement method must be received before the SOQ closing deadline, which is the solicitation-specific deadline. A protest directed to a later addendum must be received by the deadline stated in that addendum, allowing any review period required by law. The City will send all respondents the selection notices issued to the selected firms. A selection protest must be received within seven (7) calendar days after issuance of those notices; the notices will state the exact deadline. A protest must explain how the alleged error would place the protesting firm among the firms entitled to selection, consistent with the governing protest rules.

The City will issue a written decision on timely protests and will not finalize the challenged selection before the applicable protest period has expired and timely protests are resolved. Separate statutory or rule-based appeals, including appeals of prequalification denial or debarment, retain their own filing deadlines and procedures. The selection-protest period does not replace those rights. Changes resulting from a protest will be issued and, when required, re-advertised under the controlling rules.

17. Anticipated Agreement Structure

The City intends to execute three separate professional services agreements through this one-step solicitation.

These agreements will establish terms for paid professional services within Section 3 and incorporate the task-assignment procedures below. Each assignment requires a written task order or project agreement and City funding approval. Task orders do not require a second public provider-selection RFQ or RFP when within the lawfully established agreement scope, term, and governing assignment procedure. No new assignment may be issued after the maximum agreement term in Section 1; existing task orders may continue for their expressly stated performance and continuing-obligation periods.

Task-Order Assignment Procedure

For each assignment, the City will document the required services and compare agreement holders on task-specific experience; expertise and licensing of the proposed personnel; available capacity and ability to meet the schedule; relevant past performance; and continuity with related work when material to the assignment. The City may obtain updated qualifications and availability, but not competing fee proposals, before selecting the best-qualified provider. These reviews administer the awarded agreements; they are not a second public provider-selection solicitation.

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The City will record its qualifications-based reason for the assignment. If firms remain equally qualified, it will give preference first to the firm with the least current City-assigned workload affecting availability and then to the higher original RFQ ranking. Neither equal distribution nor rotation is guaranteed. Initial program ranking alone does not entitle a firm to every assignment.

After selecting the provider for a task, the City will negotiate scope, deliverables, schedule, and fair and reasonable compensation, including any rates, hours, reimbursable expenses, and maximum amount payable. If agreement cannot be reached, the City will terminate that task negotiation in writing and proceed to the next best-qualified agreement holder using the same criteria. Work outside these agreements' scope or term requires a separately authorized procurement.

Each task order shall identify its professional scope, deliverables, performance obligations, schedule, payment method, negotiated rates or fee, maximum payable amount, and incorporated agreement terms. For TEAs and PDPs, also address payment milestones, termination, file and data delivery requirements consistent with this section, and what is payable if implementation does not proceed. Any proposed implementation credit requires express agreement and creates no right to a construction award.

A later integrated ESPC or construction contract is not awarded by these professional services agreements.

Any such contract must follow the applicable procurement and separately define scope, construction price, financing assumptions, savings guarantee, risk allocation, commissioning, training, closeout, and reporting. A professional task order must not be used to bypass those requirements.

Each task order shall assign professional responsibilities for permitting assistance, design, coordination with City staff and other consultants, commissioning, training, and deliverables, as applicable. Any expressly continuing M&V, payment, records, professional-liability, warranty, or other obligations remain effective for their stated terms despite expiration or nonrenewal of the master agreement. Construction-contractor duties remain with the separately contracted constructor. Each task order shall identify the City's project representative and the ESCO project manager and establish communication, meeting, and information-sharing responsibilities consistent with Section 9.

Any final agreement shall be subject to review by the City of Pendleton’s legal counsel, procurement officer, finance team, governing body, and any required third-party reviewers.

Ownership of Files and Data

Each professional services agreement shall incorporate the following requirements for all authorized task orders.

All project-specific files, data, and work products prepared or collected by the ESCO and its subconsultants shall become the property of the City upon completion of the applicable task order or its earlier termination. These materials include reports, TEAs, PDPs, drawings, specifications, calculations, models, baseline and utility data, commissioning records, and M&V files. The City may use, reproduce, modify, and share these materials with City staff, other selected ESCOs, and other City-retained consultants for City purposes. City-provided files and data remain City property.

The ESCO shall deliver the project materials in PDF and native editable formats, as applicable, with specific formats and delivery milestones identified in each task order. Upon earlier termination, deliver the materials in their then-current state and identify incomplete work. Preexisting software, standard tools, and third-party proprietary materials are not transferred by this provision. The ESCO shall identify these materials and any use restrictions before incorporating them, and the agreement shall secure the rights needed for the City's and its authorized consultants' use of the deliverables. Project-specific data shall remain available to the City in a usable, exportable format.

Independent Owner Review. The City will retain the oversight and approval responsibilities required by law and will obtain independent owner-side review where required. The ESCO's design quality control or its own M&V reporting is not a substitute for independent City oversight of that ESCO. Consultant participation must comply with applicable conflict and construction-oversight restrictions, including ORS 279C.307.

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18. Insurance, Bonding, Licensing, and Compliance

With the SOQ, provide a current insurer/broker letter or coverage summary and evidence of bonding capability associated with ESPC work; do not purchase project-specific bonds for this RFQ. Before professional services begin, the selected ESCO shall furnish the certificates, endorsements, and licenses required by the executed agreement. The City will establish applicable coverage limits and endorsements before agreement execution. Any material solicitation requirement must be furnished uniformly by addendum. Construction bonding applies only to a separately procured implementation contract.

Area Minimum City of Pendleton Expectation

Insurance Commercial general liability, automobile liability, workers' compensation as applicable, professional liability, and pollution or cyber coverage where required by the professional scope. The executed agreement will state coverage limits and endorsements.

Bonding

No construction bond is required for a professional-services-only task order. A separately procured EPC implementation contract must satisfy its applicable performance/payment bond requirements, including OAR 137-049-0680 where used. Any additional security for performance or M&V must be expressly required by the applicable agreement.

Professional Licensing Use properly licensed professionals for services requiring Oregon licensure. If the ESCO is not an Oregon-licensed design professional, disclose that status and identify the licensed professionals who will perform the design services.

Labor Compliance Comply with applicable prevailing wage, public works bond, payroll, labor, apprenticeship, workforce, participation, and reporting requirements, including conditions attached to project funding.

Permits and Codes Assign professional permitting assistance and owner approvals in writing; comply with codes and licensing requirements applicable to the authorized services.

Cyber and Data Security

For controls, cloud services, metering, or remote monitoring, explain safeguards, access and incident controls, data ownership and export, and coordination with City IT and operational staff.

City of Pendleton | October 14, 2026 Page 15 of 19

19. Response Format and Page Limit

Each complete SOQ shall contain no more than 30 printed sides. A side of a sheet containing response content counts as one printed side, whether the response is printed single-sided, double-sided, or a combination. Covers, cover letters, tables of contents, printed dividers, resumes, project sheets, references, required forms, addenda acknowledgments, sample excerpts, and all supporting material count toward the limit. Blank reverse sides do not count. The limit applies to each complete copy, not to the aggregate number of copies delivered. Responses exceeding 30 printed sides are nonresponsive.

Use the section order below. The section allocations are suggested planning amounts, not additional mandatory limits; respondents may redistribute pages among sections while keeping the entire response at 30 printed sides or fewer. Do not use external links or unrequested supplements to provide material that is required within the response. Use legible type and an 8.5-by-11-inch page format.

Section Requested Content Suggested Sides

1 Cover letter and executive summary 2

2 Firm profile and minimum qualifications 2

3 Comparable project experience 5

4 Project team and staffing 4

5 Technical approach and delivery methodology 6

6 Savings guarantee and M&V 3

7 Financing, grants, incentives, and funding support 3

8 References and required forms 5

Total Maximum complete response 30

City of Pendleton | October 14, 2026 Page 16 of 19

Attachment A: Facility Profile

The following City facilities may be considered for future evaluation. Listing a facility does not authorize work or establish its eligibility for any particular EPC measure. Department representatives are listed for information only;

all RFQ communications, questions, and requests for site access must go through the RFQ Contact.

Facility Department Representative Includes:

Water Department Scott Roe Wells, booster stations, reservoirs, and water treatment facility.

Wastewater Department Kyle Willman Lift stations and wastewater treatment facility.

PW Admin Casey Currin Remaining Public Works facilities.

Parks Department Liam Hughes Parks, shop, cemetery, and pool.

Facilities Department Rocky House City Hall, airport, police, fire, and remaining City assets.

City of Pendleton | October 14, 2026 Page 17 of 19

Attachment B: Required Forms, Submittal Checklist and Evaluation Score Sheet

B-1. Submittal Checklist

Use this checklist to prepare the SOQ. The signed certification on the next page is required. The City evaluation score sheet is for City use and should not be included in the response. Any checklist or form submitted counts within the 30-printed-side maximum.

Check Submittal Item

☐ Signed cover letter and executive summary.

☐ Firm profile and evidence addressing all minimum qualifications.

☐ Current ODOE qualification and expiration date.

☐ Five comparable project summaries and historical results.

☐ Three Oregon public-entity references (may be among the five projects).

☐ Proposed team, organization chart, concise resumes, and availability.

Technical approach, City staff/consultant coordination, delivery, permitting, local support, and cybersecurity.

☐ Savings guarantee and M&V narrative with concise sample excerpts.

☐ Financing, grant, rebate, incentive, and co-funding capabilities.

☐ Insurance/broker coverage summary and surety/bonding capability evidence.

☐ Signed B-2 certification, all addenda acknowledged, conflicts and exceptions addressed.

☐ Complete response contains 30 printed sides or fewer and no proposed compensation.

City of Pendleton | October 14, 2026 Page 18 of 19

B-2. Respondent Certification and Disclosures

Legal firm name: ______________________________________________________________

Authorized representative / title: __________________________________________________

Mailing address: ______________________________________________________________

Telephone / email: ______________________________________________________________

Certification

The undersigned is authorized to submit this SOQ and certifies that the information is accurate to the best of the undersigned's knowledge; the response was prepared independently without collusion or improper coordination;

the firm meets the stated minimum qualifications; and the undersigned has reviewed the RFQ and identified all exceptions and conflicts below or on clearly identified continuation pages.

The respondent acknowledges that this one-step, qualifications-based solicitation is intended to select three professional service providers, subject to Sections 14 and 15, and may lead directly to negotiated agreements.

The 30-printed-side limit applies. No work may begin without an executed agreement and written task authorization. Selection guarantees no minimum workload or exclusivity and does not award an integrated ESPC or construction contract.

Addenda Acknowledgment

Acknowledge each addendum by number and date, or write "None issued."

Conflicts of Interest and Exceptions

Identify all actual, potential, or perceived conflicts and all requested exceptions to this RFQ; identify the applicable section and proposed alternative. Write "None" when there are none. Any claimed legal exemption must identify its legal basis. Continuation pages count within the overall limit.

Authorized signature: ____________________________________ Date: ________________

City of Pendleton | October 14, 2026 Page 19 of 19

B-3. Evaluation Score Sheet - City Use Only

Respondent: __________________________________________________________________ Evaluator: __________________________________________ Date: ____________________

Responsiveness / minimum qualifications: Meets ☐ Does not meet ☐ If not met, identify the requirement and supporting record; do not score as a qualified response.

Score only the published criteria. Record supporting reasons and SOQ page references. Do not award a separate local-office preference or consider proposed compensation. Apply the averaging and tie procedures in Section

14. Select the three highest-ranked qualified ESCOs for agreement negotiations, or document why fewer are feasible; this is not a preliminary shortlist.

Criterion Max.

Points Score Basis / SOQ Reference

Oregon Municipal ESPC Experience 20

Water/Wastewater Facility Experience 15

Project Team Qualifications 15

Savings Guarantee & M&V Approach 15

Construction Delivery & Local Presence 15

Grants, Incentives & Co-Funding 10

Financial Strength & Bonding Capacity 5

References from Oregon Public Entities 5

Total 100

Evaluator notes: ______________________________________________________________