city of wheaton materials testing 26-174-Notice-to-Bidders_RFP.pdf

REQUEST FOR PROPOSAL #26-174

MATERIALS TESTING

Notice to Bidders

Issue Date: July 31, 2026

Last Date for Questions: No later than August 14, 2026, at 11:00 am (CST)

Due Date: No later than August 21, 2026, at 11:00 am (CST)

Prevailing Wages: Prevailing Wage Act (820 ILCS 130/1-12)

☒DOES APPLY

☐DOES NOT APPLY

To be considered responsive, the following documents shall be included with your submittal:

Bid Bond 10% (Original) Cost Proposal Form (Exhibit D) Notice of Deviations Form (Exhibit E) Listing of Subcontractors, Consultants and Agents Form (Exhibit F) Vendor Certification Form (Exhibit G) Vendor Information Reporting Form (Exhibit H)

The successful Vendor will be required to submit the following additional documents:

Certificate of Insurance with signed endorsements Signed Agreement Vendor Information Form

Scope of Work

EXHIBIT A

INTRODUCTION

The City of Wheaton is seeking proposals from qualified material testing firms to perform HMA and PCC materials testing for Motor Fuel Tax and locally funded projects. Interested firms shall have a minimum of five (5) years of testing experience and be qualified by the Illinois Department of Transportation to perform field and laboratory analysis. Material testing will be performed on an as-needed basis and ranges between $50,000 to $100,000 in aggregate annually.

CONTRACT TERM:

The initial contract will be effective for one year, with the option to renew for three (3) additional one-year terms.

SCOPE OF WORK

The range of testing will include, but not limited to, the following tasks:

Field Inspection Services

• PCC and HMA Quality Assurance Testing

• Soil and Pavement Compaction Analysis

• Plant Inspection for PCC and HMA materials

• Mix Design Verification and Selection Recommendations

• Sr. Engineering Technician in the Field

• Nuclear Density Gauge

• Create and Deliver Cylinder Sets for Laboratory Analysis

Traffic Control

• Equipment Mobilization

• Arrow Board

• Flaggers (2 Person Crew)

Geotechnical Contract Drilling

• Drill Rig Daily Minimum

• Drill Rig Mobilization

• Soil Boring 5- feet deep

• Contract Drilling (sampling included)

• Contract Drilling (no sampling)

• Drill Crew Standby

• Coring Crew

• Coring Machine and Generator

• Coring-Per Core

• Hand Auger Crew

• Monitor Well Installation

Laboratory Testing

• Gradation, Unit weights and moisture of aggregate

• Asphalt content by ignition oven

• Extraction analysis of asphalt samples (no gradation)

• Extraction analysis of asphalt samples (with gradation)

• Gyratory compaction of asphalt samples

• Core density determination

• T.S.R. stripping test- tensile strength ratio

• Moisture of soil samples

• Atterberg limit (liquid and plastic limit)

• Unconfined compressive strength of selected soil samples

• Standard proctor test

• Modified proctor test

• Illinois bearing ratio (IBR)

• Visual Classification of soils (USCS)

• Combined hydrometer and sieve analysis (ASTM D 422)

• Fine Aggregate Sieve Analysis

• Course Aggregate Sieve Analysis

• Organic Content LOI (ASTM 2974)

• Organic Content- Wet Combustion (AASHTO T 194)

Ph Determination

• Combined Hydrometer and Sieve Analysis (ASTM D 422)

• Concrete Compressive Strength Testing

Administrative

• Word Processing

• Project Engineer

• Senior Project Engineer

• Principal Engineer

Testing Format All projects will be tracked and invoiced separately along with associated test results.

Submitted reports shall follow the format for testing for the Illinois Department of Transportation (IDOT). Material testing shall be in accordance with the IDOT, American Society of Testing and Materials (ASTM), American Association of State Highway and Transportation Officials (AASHTO) and City policy and procedures.

The City may designate the successful material testing firm to act as the Quality Assurance manager hence the firm shall act as the QA manager, schedule appropriate QA/QC testing and submit QA/QC reports to the Illinois Department of Transportation meeting project requirements and project approval.

All reports shall be submitted in duplicate with original copies being sent to IDOT on MFT projects and the City on local funded projects. All reports shall be collated and submitted to the City at the completion of each project.

HOURS OF OPERATIONS

In general, all testing will occur during the hours of 6:00 AM (Plant) till 5:00 PM Monday thru Friday, unless approved by the City or mandated hours per industry standards or manufacturers’ recommendation.

TENTATIVE SCHEDULE

• RFP Issued: July 31, 2026

• Last date for questions: August 14, 2026, at 11:00 am local time

• Proposals Due: August 21, 2026, prior to 11:00 am (CST) local time

SUBMITTAL REQUIREMENTS

The City of Wheaton asks that your response include the following information, in tabbed sections, for evaluation. Do not submit perforated pages, nor bind your proposal in anything other than paper clips or binder clips.

1. Statement of Experience A title page that includes the following information: name of firm, local address, telephone number, email address, name of contact person, and location of branch offices.

Provide a current IDOT letter of approval in QA, lab and equipment.

All firms shall provide a certificate of proficiency in QC/QA test procedures and documentation, as well as a plan to work with the contractor’s QC representative to obtain results and documentation, verify the contractor’s results, and submit the entire package to the City and IDOT.

2. Staff Capability/Resumes Firms shall submit all resumes and statements of qualifications of key personnel performing work for the City, which includes any State license or professional certifications. Firms shall confirm if the same field personnel will respond to the City’s request for inspection services and QA needs or if personnel will differ on a day-to-day basis.

3. Past Work Experience Provide a list of clients, during the last five (5) years, for whom your firm has completed similar projects. Include contact information, scope of services provided, and laboratory and equipment used.

4. Written Statements to the following:

• Firms shall submit criteria for scheduling services, field personnel/inspector services, and cancelation policy of a requested service.

• Firms shall submit a statement on how to handle possible conflict of interest situations with developers, contractors or other groups working within the City’s jurisdiction or nearby areas.

• Provide a general timeframe for submitting hard copy reports and documentation.

Firms shall provide a statement of the primary mode of communication between the City, IDOT and the QA consultant.

5. Pricing:

Complete the Fee Proposal and Scenario Worksheet and insert in this section.

6. Procurement Forms

Proposals shall include all required Procurement forms completed, signed and notarized.

EVALUATION OF PROPOSALS

Proposals will be evaluated by a selection team consisting of the Project Manager, Engineering staff, and Subject Matter Experts. After proposals are reviewed, a recommendation of award based on the proposal most closely meeting the needs outlined in this Scope of Work and providing the best value for the City based on, but not limited to, the criteria below will be submitted to City Council.

• Approach to planning, organizing, and managing the project.

• Recognition of items related to the project and understanding of the scope.

• Capability and experience on comparable projects through reference checks.

• Responsiveness to requirements, terms, and conditions for performance of the project.

• Identification of items recommended by the Contractor although not thoroughly outlined in this Request for Proposal.

• While cost is not the determining factor for the selection of the Contractor, the City staff must evaluate costs and value of services for successful selection of a Contractor.

WHERE TO SUBMIT PROPOSALS

Submit one (1) original copy, one (1) electronic copy in PDF format on a flash drive, and four (4) copies to:

City of Wheaton ATTN: Procurement Officer

303 W. Wesley Street Wheaton, IL 60187

Your proposal must be received by August 21, 2026, at 11:00 am.

QUESTIONS

All questions concerning this RFP shall be submitted in writing, via email, to the Procurement Officer at asperkowski@wheaton.il.us. The last day for questions is August 14, 2026, at 11:00 am local time.

CITY’S AGREEMENT (EXHIBIT B)

The attached ‘Draft’ Consulting Services Agreement is the City’s standard agreement which specifically outlines the contractual liabilities and shall be used for this project. In submitting a bid, the Vendor agrees to enter into an agreement with the City of Wheaton utilizing the City’s standard Construction Services Agreement.

INSURANCE REQUIREMENTS (EXHIBIT C)

The Vendor must carry and maintain adequate insurance consistent with the requirements listed in Exhibit C-Insurance Requirements. Provide a current Certificate of Insurance with bid as proof of insurance.

PREVAILING WAGE

• Illinois Prevailing Wage Act 820 ILCS does apply.

METHOD OF PAYMENT

Partial payment based on progress

Invoices:

(a) A schedule of dates when pay requests must be submitted will be determined at the kickoff meeting.

(b) All invoices must reflect the following applicable information: Agreement number, name of the Project, Name of the Contractor, and the services/deliverables with the price depicted in the same format as the offer.

(c) Lien waivers must be submitted with each invoice (if applicable).

(d) Retainage in the amount of ten percent (10%) of a payment request will be deducted from the amount determined for the first fifty percent (50%) of the Project. Retainage will be held until: i) all defective work has been remedied;

ii) all work is one hundred percent (100%) final and the City’s project manager has formally accepted the work; and iii) all waivers, liens, certified payrolls, warranty documents and other required documentation are provided. If the work is fifty percent (50%) completed, satisfactory and on schedule, upon the discretion of the Project Manager, the City will continue to retain no less than five percent (5%) of the total adjusted Agreement price.

All Invoices shall be emailed to Accounts Payable at AP@wheaton.il.us.

Project Close Out:

(a) Verification of quality and completion of service.

(b) Completion of Punch List and all areas of non-compliance or incomplete tasks.

(c) Review Liquidated Damages.

(d) Review Retainage.

(e) Final Payment: Prior to authorization of Final Payment, the following documents must be submitted:

(i) Completed Waivers and Liens.

(ii) All Certified Payrolls (if applicable).

(iii) Documented completion of the Punch List.

(iv) Statements of Warranty.

(v) Written approval of the City’s Project Engineer.

RFP #26-174 MATERIALS TESTING

GENERAL INSTRUCTIONS REGARDING SOLICITATIONS FOR PROFESSIONAL SERVICES

General Instructions Regarding Solicitations for Professional Services

Solicitations are open to all qualified firms actively engaged in providing the services specified and inferred.

Active engagement will be verified via references.

1) SOLICITATION PROCESS:

a) Request for Proposal: The City of Wheaton solicits qualified firms for Professional Services. Firms are qualified based on:

• A public formal Request for Qualifications (RFQ) or Request for Proposal (RFP).

• Prior experience with the City’s facilities, equipment, infrastructure, or issue at hand.

b) A formal RFQ or RFP is submitted to qualified firms.

c) It is the responsibility of the Proposer to seek clarification of any requirement that may not be clear.

Questions concerning this request shall be submitted via e-mail to the attention of the Procurement Officer by the last date for questions as reflected in the Notice to Bidders. A written response in the form of an addendum will be posted on the City’s website for all Proposers to download. It is the responsibility of the Proposer to review all addendums.

d) Proposers shall acknowledge receipt of any addendum on their proposal.

2) THE CONE OF SILENCE:

a) The Cone of Silence is designed to protect the integrity of the procurement process by shielding it from undue influences.

b) During the period beginning with the issuance of the RFQ or RFP through the execution of the award document, Proposers are prohibited from all communications regarding this request with City staff, City consultants, City legal counsel, City agents, or elected officials.

c) Any attempt by a Proposer to influence a member or members of the aforementioned may be grounds to disqualify the Proposer from participation in this solicitation.

d) Exceptions to the Cone of Silence:

• Written communications directed to the Procurement Officer.

• All communications occurring at pre-bid meetings.

• Oral presentations during finalist interviews, negotiation proceedings, or site visits.

• Oral presentations before publicly noticed committee meetings.

• Firms already on contract with the City to perform services for the City are allowed discussions necessary for the completion of an existing contract.

• Procurement of goods or services for emergency situations.

3) INVESTIGATION:

a) It shall be the responsibility of the Proposer to make any and all investigations necessary to become thoroughly informed of what is required and specified.

b) If the site of the work is an area restricted from the general public, an opportunity will be provided for Proposers to perform this inspection.

c) If the site of the work is an area open to the general public, the Proposer may perform their inspection at a time of their choosing.

GENERAL INSTRUCTIONS REGARDING SOLICITATIONS FOR PROFESSIONAL SERVICES

4) PROPOSALS:

a) Proposals must reference the project name and date of the RFQ or RFP. Documents should not utilize binders, folders, or papers larger than 8.5 x 11.

b) Delivery of a proposal is acceptance of the City’s Agreement. Proposals containing terms and conditions contrary to those specified may be considered non-responsive.

5) SIGNATURES AS OFFER:

a) Under the conditions of the Uniform Commercial Code, the signing of the proposal by the Proposer constitutes an offer. If accepted by the City, the offer becomes part of the Agreement.

b) Offers by:

• Individuals or sole proprietorships shall be signed by a person with the authority to enter into legal binding contracts. Said individual shall use his/her usual signature.

• Partnerships shall be signed with the partnership name by one of the members of the partnership, or an authorized representative, followed by the signature and title of the person signing.

• Corporations shall be signed with the name of the corporation, followed by the signature and title of the person authorized to bind it in the matter.

6) WITHDRAWAL OF OFFERS:

a) Offers may be withdrawn at any time prior to the due date. Requests to withdraw an offer shall be in writing, properly signed, and received by the Procurement Officer prior to the due date.

b) Offers may not be withdrawn after the due date without the approval of the Procurement Officer.

c) Negligence in preparing an offer confers no right of withdrawal after opening / due date.

7) TIMEFRAME AND CONSEQUENCES:

a) Offers must be received before the designated time.

b) Offers received after the designated time will be returned to the sender without review. Offers received late that may be attributed to delays by overnight delivery services, or by delivery services trying to deliver when offices are closed, will be considered late, and returned to the sender.

c) Unless otherwise specified in the solicitation, offers shall be binding for ninety (90) calendar days following the due date.

8) RECEIPT OF FORMAL OFFERS:

a) Formal offers by sealed envelope will be opened at the time and location stated.

9) TAXES:

a) The City is exempt by law from paying sales tax on goods, equipment, and products permanently incorporated into the project, from State and City Retailer's Occupation Tax, State Service Occupation Tax, State Use Tax and Federal Excise Tax.

b) The City's Sales Tax Exemption Number is E99974312.

GENERAL INSTRUCTIONS REGARDING SOLICITATIONS FOR PROFESSIONAL SERVICES

10) EVALUATION OF OFFERS:

a) Rejection of Offers: The City reserves the right to reject any and all offers in whole or in part according to the best interests of the City.

b) Receipt of One (or too few) offers: If the City receives one or too few proposals, as defined by the City, the City may reschedule the due date. The offers received will either be:

• returned unopened to the Proposer for re-submittal at the new due date and time, or

• if there are no changes in requirements, and pending Agreement with the Proposer, held until the new due date and time.

c) If the request was publicly broadcast, and the City did not receive any proposals, the City may negotiate with any interested parties.

11) DETERMINING RESPONSIVENESS OF THE PROPOSAL:

a) Responsive proposals are inclusive of, but not restricted to received prior to the due date and time, completed as stated in the solicitation request, inclusive of all requirements, able to meet delivery requirements, accepting of all Agreement terms and conditions.

b) The degree to which a proposal meets the requirements is determined solely on the judgment of the proposal evaluation team.

12) CLARIFICATION OF OFFERS:

a) The City may conduct discussions with Proposers to further clarify the offer as may be necessary.

Clarifications shall be documented by the Proposer and submitted (email or fax) within three (3) business days.

13) CONFIDENTIAL INFORMATION:

a) Proposals are subject to Illinois State FOIA requirements including the following exemptions:

• (5 ILCS 140/7) (From Ch. 116, par. 207) Sec. 7.

• Exemptions. (1) The following shall be exempt from inspection and copying: (g) Trade secrets and commercial or financial information obtained from a person or business where the trade secrets or commercial or financial information are furnished under a claim that they are proprietary, privileged or confidential, and that disclosure of the trade secrets or commercial or financial information would cause competitive harm to the person or business and only insofar as the claim directly applies to the records requested.

b) Proposers considering requests to be proprietary and confidential should submit an additional redacted offer. Failure to do so may result in information becoming available to the public.

14) SELECTION PROCESS:

a) City staff will review proposals based on, but not limited to, the criteria specified in the Request for Qualifications (RFQ) or Request for Proposal (RFP).

GENERAL INSTRUCTIONS REGARDING SOLICITATIONS FOR PROFESSIONAL SERVICES

b) Interviews may be conducted with Proposers. Said Proposers may be required to submit additional data during the interview process. Revisions to proposals may be permitted after initial submission and interview, but before award, for the purpose of obtaining best and final offers.

c) Proposers may be required to provide references. The City reserves the right to contact said references or other references that may be familiar with the Proposer. The City reserves the right to eliminate a Proposer who has not demonstrated the required years of service within the required specialty.

d) The City reserves the right to negotiate the price and any other term with the Proposer offering the best and final offer. Any oral negotiations must be confirmed in writing prior to award.

e) If a negotiated Agreement cannot be reached with the front runner, the City may proceed to negotiate with the second best and final offer.

15) AWARD:

a) Award is based on the best overall value to the City; and deemed most advantageous to the City, based on the totality of lawful considerations, price and other factors considered.

b) While numeric evaluations may be used in some aspects of the process the final decision will be a business decision by the City and will not be based on a numerical score. A recommendation to award will document the basis for the award decision.

c) The City shall make every effort to award within ninety (90) days from the opening date.

d) The City reserves the right to award by phase, part or portion of a phase, any line item or option regardless of order listed.

16) REQUIREMENTS IF AWARDED THE WORK:

a) Insurance:

• The successful Proposer, if awarded by Agreement, will be required to carry insurance acceptable to the City.

• Certificates of Insurance, Endorsements, and a Waiver of Subrogation must be submitted with the execution of the order.

• The Proposers obligation to purchase stated insurance cannot be waived by the City’s action or inaction.

17) SECURITY CLEARANCE:

a) Background checks inclusive of finger printing may be required for service providers working in secured areas. Service providers will submit a list of employees’ names to the Project Manager who will coordinate the background checks with the police department.

b) Anyone with a background history showing a conviction for a felony; theft history of any kind, sex offense history, or any crime involving moral turpitude, illegal drug or narcotics use, sale or possession, or anyone showing a felony charge pending, or who has any outstanding warrants of any type, including misdemeanor traffic or felony warrants, may be subject to arrest, and will not be allowed to work under this Agreement.

18) AUDIT:

GENERAL INSTRUCTIONS REGARDING SOLICITATIONS FOR PROFESSIONAL SERVICES

a) The successful Proposer may be audited by the City or an agent of the City. Audits may be at the request of federal or state regulatory agencies, other governmental agencies, courts of law, consultants hired by the City or other parties which in the City’s opinion requires information. Data, information, and documentation will include, but not be limited to, original estimate files, change order estimate files, detailed worksheets, subcontractor proposals, supplier quotes and rebates, and all project related correspondence, and subcontractor and supplier change order files.

19) PROTESTS:

a) Right to Protest. Any actual or prospective, bidder, proposer, offeror, or vendor (“protesting party”) who believes they have been adversely affected in connection with a City-issued solicitation, evaluation of a bid or proposal, or award of a contract may initiate a pre-bid, pre-award, or post-award protest. A protesting party has no right to protest the cancellation of ITBs or RFPs and protests relating to the rejection of all bids or proposals.

• A pre-bid protest shall be submitted in writing to the Procurement Officer no later than five (5) business days before the due date for bids or proposals.

• A pre-award protest shall be submitted in writing to the Procurement Officer no later than five (5) business days after the due date for bids or proposals or notification that the protesting party’s status as a bidder or proposer has changed.

• A post-award protest shall be submitted in writing no later than three (3) business days after the date the bid award is posted on the City’s website or online forum.

b) Contents of Protest. Protests must include: the name, address, phone number, e-mail address of the protesting party; appropriate identification of the solicitation; if an award has been initiated, the award document number (if available); justification or grounds for the protest, with specificity of the local, state, and federal law, regulation or procedure that is alleged to be violated; precise statement(s) of the relevant facts; identification of the issue to be resolved; the protesting party’s argument and supporting documentation; information establishing the timeliness of the protest; and the signature of the protesting party. Issues not raised by the protesting party in the protest are deemed waived and may not be raised after a final determination has been made. Protests that do not meet the time or content requirements may be rejected by the Procurement Officer. The Procurement Officer is not obligated to postpone contract awards to allow a protesting party time to correct a deficient protest unless otherwise required by federal law or regulation.

c) Protest Bond. The protesting party shall, at the time of submitting any protest to the City, furnish at its sole expense a protest bond in the form of a cashier’s check payable to the City of Wheaton, in an amount equal to five percent (5%) of the City’s estimate of the total contract award amount, or, if the amount of the contract award cannot be reasonably determined at that time, then in the amount of one thousand two hundred and fifty dollars ($1,250.00). In those circumstances when the contract award cannot be reasonably determined, the City, by the determination of its City Attorney, may require a protest bond in an amount not to exceed ten thousand dollars ($10,000.00) if one thousand two hundred and fifty dollars ($1,250.00) is inadequate under the facts presented. If the City increases the required protest bond amount, the protesting party shall have five (5) business days in which to

GENERAL INSTRUCTIONS REGARDING SOLICITATIONS FOR PROFESSIONAL SERVICES

pay the City, in the form of a cashier’s check, the difference between the one thousand two hundred and fifty dollars ($1,250.00) and the new amount of protest bond. The protest bond shall serve as a guarantee of the validity and accuracy of the protest.

• If the protest is upheld, the bond shall be returned to the protesting party.

• If the protest is denied, the bond shall be used by the City to recover any administrative costs and damages incurred as a result of the protest and/or resulting delay in the contracting for goods and services which were the subject of the solicitation.

• Failure to submit a compliant protest bond with the written protest shall be deemed a waiver of the protest and jurisdictional deficiency in the protest that forfeits the right to protest.

• Failure to pay any additional amount of protest bond required shall be deemed a waiver of the right to maintain a protest.

d) Respondent party response.

• A respondent party is a person who has the right to respond to a protesting party’s protest and shall be an actual bidder, proposer, prospective bidder or prospective proposer in the procurement involved whose direct economic interest would be affected by the award of the contract or by the failure to award the contract; and who demonstrates compliance with the bid protest procedures, the terms on the invitation for bids, and the contract documents (if bid) or request for proposals (RFP), as applicable (hereinafter “respondent party”).

• After receiving notice of the protest from the City, the respondent party shall have five business

(5) days to respond in writing to a protest to provide the Procurement Officer with supplemental information. A respondent party may request, and the Procurement Officer may allow an additional period of time to respond if the protest is complicated and/or the documentation is voluminous. In no event will the additional time exceed 5 business days.

• The failure of a respondent party to respond to a protest, or to any portion of it, shall not be deemed to be an admission of any allegation in the protest, but shall be deemed to constitute a waiver of the opportunity to respond to such allegation(s), if any, at this stage in the process.

e) Stay of Procurement.

• Upon timely receipt of a protest and after examination of the issues surrounding the protest, the

Procurement Officer, in consultation with the City Attorney, will determine whether the protest has merit and if the solicitation, evaluation, or award shall be stayed, or if other further action is necessary to protect the interests of the City.

• If the contract performance has already begun, the Procurement Officer, in consultation with the City Attorney, will determine whether the performance of the contract should be suspended. A contract may not be suspended if the work or supplies are necessary to protect the interests of the City.

f) Final Determination. The Procurement Officer, in consultation with the City Attorney, will provide a written decision to the protesting party as expeditiously as possible, but no later than thirty (30) business days after receiving all relevant information. The Procurement Officer’s decision shall become final on

GENERAL INSTRUCTIONS REGARDING SOLICITATIONS FOR PROFESSIONAL SERVICES

the third business day after the date of the Procurement Officer’s written decision, unless a timely request for reconsideration is filed with the Procurement Officer as noted below.

g) Reconsideration of Protest Decision. A protesting party or respondent party may request the Procurement Officer’s reconsideration if:

• Information becomes available that was not previously known, or could have reasonably become known; or

• The Procurement Officer’s decision contains an error of law or regulation.

The request shall be submitted in writing to the Procurement Officer within three (3) business days of the date of issuance of the initial decision. The request shall include a detailed explanation of the basis for reconsideration and state the course of action the protesting party or respondent party desires that the Procurement Officer take. For purposes of this section, deposit in the mail, postage prepaid does not constitute filing or receipt. A request is considered filed when physically received by the Procurement Officer or duly appointed designee.

The Procurement Officer shall refer the request for reconsideration of the protest decision to the City Manager. The City Manager, or his or her designee, may conduct an evidentiary hearing at his or her sole option. The City Manager or designee will conduct a review of the request for reconsideration of the protest decision and will attempt to issue a decision within ten (10) business days after the City’s receipt of the request for reconsideration or the date of the hearing, whichever is later. The City Manager or designee’s decision shall be final.

After a written decision is issued by the City Manager or his designee, the appropriate actions will take place. If the protest is upheld, the Procurement Officer’s actions may include, but are not limited to, any appropriate steps to correct the procurement process, such as: re-solicitation of bids or proposals, revising evaluation of bids or proposals, or termination of the contract. If the protest is denied, the Procurement Officer will lift any imposed suspension and proceed with the procurement process or the contract.

RFP # 26-174 MATERIALS TESTING

GENERAL TERMS AND CONDITIONS FOR PROFESSIONAL SERVICE PROVIDERS

General Terms and Conditions for Professional Service Providers

1) AGREEMENT ADMINISTRATION:

a) A “Notice to Proceed” order will be issued by Procurement upon confirmation of a properly executed

Agreement.

b) Once the “Notice to Proceed” order is issued, the Firm's primary contact with the City will become the

Project Manager.

c) The Project Manager’s primary responsibility is to assure the City receives the professional services in accordance with the terms and conditions and requirements of the Agreement. The Project Manager will but is not limited to oversee the entire project from kick-off activities through close out and payment of final invoice; monitor project progress; address any quality issues and change orders; review and approve deliverables.

2) COMMUNICATIONS PLAN:

a) The service provider is required to provide the City’s Project Manager with updates of the project: work completed, assumptions, problems encountered.

b) The updates can be in person or over the phone, at the discretion of the City.

3) CHANGE ORDER PROCEDURE:

a) The City reserves the right to make changes to the Scope of Work by altering, adding to, or deducting from the work, without invalidating the Agreement. All such changes shall be executed under the conditions of the original Agreement.

4) BULLETINS:

a) Should the Firm consider that a change in the Scope of Work, the Agreement sum, or delivery date is required; he/she shall initiate a change order and submit to the Project Manager for documented approval before proceeding with the work.

5) CHANGE ORDERS:

a) Issuance of a statement, or verbal approval, is not to be considered a Change Order and is not authorization to proceed.

b) Change orders will be numbered in sequence and dated.

c) Approved Change Orders are required with any/all changes in, the Scope of Work, the Agreement sum, the time for completion, or any combination thereof.

d) Change orders will describe the change or changes, will refer to the proposal(s) involved, and will be signed by the City and the Firm prior to implementing the change.

e) All Change Orders shall clearly identify the impact of cost and the effect on time required to perform the work associated with the proposal.

i) If the proposal is found to be satisfactory and in proper order, and both parties agree upon cost or credit for the change, the City will authorize the documented Change Order which will be confirmed as an Agreement amendment.

6) PAYMENT:

RFP # 26-174 MATERIALS TESTING

GENERAL TERMS AND CONDITIONS FOR PROFESSIONAL SERVICE PROVIDERS

General Terms and Conditions for Professional Service Providers

a) Authorization of payment requires receipt of service providers invoice, acceptance of services and receipt of other required paperwork.

b) Payment will be:

i) Made to the company awarded this order. Under no circumstances will a third party be reimbursed.

ii) Via the City’s Purchasing Card Program, MasterCard, in which payment will occur at time-of-service delivery (preferred); or

iii) Via supplier generated invoice.

c) The City complies with the Illinois Local Government Prompt Payment Act which states that any bill approved for payment shall be paid within 30 days after date of approval.

i) Invoices must be submitted to the City within six months of order completion. Any invoices submitted in excess of six months from order completion will not be paid.

7) SERVICE ISSUES:

a) The service provider shall not be reimbursed until services are compliant.

b) If services continue to remain non-compliant, Procurement will prepare a formal Letter of Warning addressing the Firm’s Failure to Comply. Agreement language states “The City may terminate this Agreement upon seven (7) days written notice to the Firm.”

c) If Firm fails to achieve required results within stated timeframe, Procurement will terminate the Agreement.

d) The City shall have the right to terminate this Agreement, without cause, upon fifteen (15) days written notice to the Firm. The Firm shall be paid for all work performed in conformance with the Agreement through the effective date of the not for cause termination.

EXHIBIT B

RFP #26-174

MATERIALS TESTING

Consulting Services Agreement

Revised July 2026

Agreement No. ___

CITY OF WHEATON, ILLINOIS

CONSULTING SERVICES AGREEMENT FOR

THIS AGREEMENT is made and entered into this day of , 2026 by and between the CITY OF WHEATON, an Illinois municipal corporation ("City"), located at 303 W. Wesley Street, Wheaton, Illinois, 60187 and _____________, ("Consultant"), located at ________________. City and Consultant are at times collectively referred to hereinafter as the “Parties.”

WHEREAS, the City has determined that it is reasonable and necessary to engage a Consultant to provide Materials Testing (“Services”), consistent with the City’s Materials Testing Request for Proposal package which is attached hereto and incorporated herein as if fully set forth as Group Exhibit A; and

WHEREAS, the Consultant has submitted a cost proposal to provide consulting services for the Project (“Proposal”), which is attached hereto and incorporated herein as if fully set forth as Group Exhibit B and represents that is has the necessary expertise and experience to furnish such consulting services upon the terms and conditions set forth herein below; and

WHEREAS, the City finds that the Consultant’s Proposal meets the City’s requirements for the services.

NOW, THEREFORE, in consideration of the recitals and the mutual covenants, agreements, and conditions set forth in the Agreement, the Parties agree as follows:

SECTION 1. CONTRACT DOCUMENTS.

1.1 Incorporated Documents. The Contract Documents consist of this Agreement and the following attached exhibits which are incorporated into this Agreement:

a. The City’s RFQ and all related documents is attached as Group Exhibit A;

b. The Consultant’s Quote and all related documents is attached as Group Exhibit B;

c. Insurance Coverage for Professional Services is attached as Exhibit C;

d. Legal certifications and compliance with laws documentation is attached as Group Exhibit

D; and

e. Change Order Form, is attached as Exhibit E.

These attachments along with this Agreement represent the entire integrated Contract between the Parties and supersede any and all prior negotiations, representations, or agreements, written or oral.

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Consulting Services Agreement

The Contract Documents also shall include any subsequent Change Orders or Written Amendments to any documents listed above or included within the incorporated exhibits, and other documents amending, modifying, or supplementing the Contract Documents, which may be delivered or issued after the effective date of the Agreement and are not attached hereto.

It shall be understood that words “Agreement” and “Contract” are synonymous in this document and its incorporated exhibits.

1.2 Controlling Document. In the event of a conflict between this Agreement and any attachment or exhibit, the provisions of this Agreement shall control.

SECTION 2. SCOPE OF SERVICES.

2.1 Retention and Services. The City retains the Consultant to perform consulting services for Materials Testing. For and in consideration of the Agreement Amount indicated in Section 4.1 herein, the Consultant promises and agrees that it shall, at its own cost and expense, provide all of the professional Consulting Services (“Services”), in accordance with the Project Scope of Services set forth in the City’s RFP (Group Exhibit A). All Services shall be subject to and performed in accordance with this Agreement and its attached and incorporated exhibits, unless specifically stated otherwise in writing.

2.2 Access to Facilities and Property. The City shall make its system facilities and properties available and accessible for inspection by Engineer and arrange for access to make all provisions for the Engineer to enter upon public property as required by the Engineer to perform his or her Services.

2.3 Agreement Administration. A “Notice to Proceed” order will be issued by the

City upon confirmation of a properly executed Agreement. Once the “Notice to Proceed” order is issued, the Engineer’s primary contact with the City will become the Project Manager. The Project Manager’s primary responsibility is to assure that the City receives the professional services in accordance with the terms and conditions of this Agreement. The Project Manager or his or her designee shall oversee the entire Project from kick-off activities through close out and payment of final invoice, monitor Project progress; address any quality issues and change orders, and review and approve service deliverables.

2.4 Reporting. The Engineer shall regularly report to the City's Project Manager, or his designee, regarding the progress of the Services, assumptions, and problems encountered during the term of this Agreement. Such reports may be provided in person or over the telephone at the discretion of the City.

MATERIALS TESTING

Consulting Services Agreement

Revised July 2026

2.5 Project Manager. The City’s Project Manager for the Project is Sarang Lagvankar.

The Project Manager’s contact information is as follows: (630)260-2067 or via email at slagvankar@wheaton.il.us.

2.6 Time of Performance. The Consultant shall perform the Services within the Term of this Agreement as set forth in Section 8.1 of this Agreement, in accordance with the schedule of services as indicated in the attached quote (Group Exhibit B) and Exhibit A, and in accordance with any other completion schedule or milestones which may be separately agreed upon in writing by the parties. Consultant represents that it has the professional and technical personnel required to perform the Services in conformance with such conditions. Upon request of City, Consultant shall provide a more detailed schedule of anticipated performance to meet the schedule of services.

2.7 Additional Services. The Consultant shall provide only the Services specified in this Agreement, and the attached Group Exhibit A. The Consultant acknowledges and agrees that the City shall not be liable for any costs incurred by the Consultant in connection with any services provided by the Consultant that are outside the scope of this Agreement (“Additional Services”), regardless of whether such Additional Services are requested or directed by the City, except upon the prior written consent of the City through an approved Change Order. Upon recognizing the need to perform Additional Services, the Consultant shall notify the City with reasonable promptness and explain the facts and circumstances giving rise to the need and submit to the City a Change Order Form for amendment to this Agreement for the City’s review and approval setting forth the details of the requested Additional Services. Additional Services that have been authorized in writing by the City shall be subject to the terms and conditions of this Agreement and shall be compensated at the hourly rates included in the Consultant’s cost proposal included in Group Exhibit B and in the absence of such hourly rates, then payment for Additional Services shall be mutually agreed upon by both the City and Consultant before the commencement of any Additional Services.

2.8 Changes and Alterations. Any changes or alterations to this Project affecting, inclusive of, but not limited to, scope, cost, milestones, deadlines, or other significant factors shall be integrated in writing on a City of Wheaton Change Order Form (Exhibit E); verbal approval is not considered a Change Order and is not authorization to proceed. All Change Orders shall clearly identify the impact of cost and the effect on time required to perform the Services.

Any proposed change to the Project that increases the Agreement price or the costs to be expended by the Consultant in an amount of $35,000 or more shall require the approval of the City of Wheaton City Council before such changes may be made. Any services that are performed beyond the approved Agreement scope or Agreement price shall not be paid without the City’s prior written consent through an approved Change Order.

2.9 Independent Contractor Status. The Consultant shall act as an independent contractor in providing and performing the Services. Nothing in, nor done pursuant to, this Agreement shall be construed (i) to create the relationship of principal and agent, employer and

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employee, partners, or joint-venturers between the City and Consultant; or (ii) to create any relationship between the City and any subcontractor of the Consultant. Consultant is not in any way authorized to make any contract, agreement, or promise on behalf of the City, or to create any implied obligation on behalf of the City and Consultant specifically agrees that it shall not do

so. The City shall not have the authority to control the method or manner by which Consultant complies with the terms of this Agreement.

SECTION 3. PERSONNEL; SUBCONTRACTORS.

3.1 Key Project Personnel. The Key Project Personnel identified in the attached

Group Exhibit B shall be primarily responsible for carrying out the Services on behalf of the Consultant. The Key Project Personnel shall not be changed without the City’s prior written approval.

3.2 Availability of Personnel. The Consultant shall provide all personnel necessary to complete the Services including, without limitation, any Key Project Personnel identified in this Agreement. The Consultant shall notify the City as soon as practicable prior to terminating the employment of, reassigning, or receiving notice of the resignation of, any Key Project Personnel. The Consultant shall have no claim for damages and shall not bill the City for additional time and materials charges as the result of any portion of the Services which must be duplicated or redone due to such termination or for any delay or extension of the Time of Performance as a result of any such termination, reassignment, or resignation.

3.3 Use of Subcontractors. The Consultant shall perform the Services with its own personnel and under the management, supervision, and control of its own organization unless otherwise approved in advance by the City in writing. All subcontractors and subcontracts used by the Consultant shall be acceptable to, and approved in advance by, the City. The City’s approval of any subcontractor or subcontract shall not relieve the Consultant of full responsibility and liability for the provision, performance, and completion of Services as required by this Agreement. All Services performed under any subcontract shall be subject to all of the provisions of this Agreement in the same manner as if performed by employees of the Consultant. For purposes of this Agreement, the term “Consultant” shall be deemed also to refer to all subcontractors of the Consultant, and every subcontract shall include a provision binding the subcontractor to all provisions of this Agreement.

3.3 Removal of Personnel and Subcontractors. If any personnel or subcontractor fails to perform the Services in a manner satisfactory to the City and consistent with commonly accepted professional consulting practices, the Consultant shall immediately upon notice from the City remove and replace such personnel or subcontractor. The Consultant shall have no claim for damages, for compensation in excess of the amount contained in this Agreement, or for a delay or extension of the Time of Performance as a result of any such removal or replacement.

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3.4 No Additional Obligation. The Parties acknowledge and agree that the City is under no obligation under this Agreement or otherwise to negotiate or enter into any other or additional contracts or agreements with the Consultant or with any vendor solicited or recommended by the Consultant.

3.5 Corporate Authorities of the City. Notwithstanding any provision of this Agreement, any negotiations, or agreements with, or representations by the Consultant to, vendors shall be subject to the approval of the City Manager or Corporate Authorities of the City.

For the purposes of this Section, “vendors” shall mean entities engaged in subcontracts for the provision of additional services directly to the City. The City shall not be liable to any vendor or third party for any agreements made by the Consultant without the knowledge and approval of the City Manager or of the City’s Corporate Authorities.

SECTION 4. COMPENSATON AND METHOD OF PAYMENT.

4.1 Agreement Amount. The total amount billed by the Consultant for the Services performed under this Agreement shall not exceed $_________ including reimbursable expenses, without the prior express written authorization of the City.

4.2 Invoices and Payments. The Consultant shall be paid in accordance with the amounts set forth in the Proposal (Group Exhibit B). The Consultant shall submit an itemized invoice(s) containing sufficient detail of the Services performed to enable the City to properly evaluate the payout request along with all supporting documentation as required by the City.

The City shall pay Consultant in accordance with the Illinois Local Government Prompt Payment Act. The City shall make all payments on the basis of approved invoices and supporting documents. The City shall use its best efforts to make payments within thirty (30) days after review and approval of the invoice. Each payment requires the City Council’s approval of the expenditure which occurs at publicly scheduled meetings. Invoices shall be submitted to the City within six (6) months of completion of the Services. Any invoices submitted in excess of six (6) months from the date that Services were completed, will not be paid. Under no circumstances will a third party be reimbursed for Services performed under this Agreement.

4.3 Unappropriated Funds. The obligation of the City for payment to the Consultant is limited to the availability of funds appropriated in a current fiscal period, and continuation of this Agreement into a subsequent fiscal period is subject to the appropriation of funds, unless otherwise authorized by law.

4.4 Taxes, Benefits, and Royalties. The Agreement Amount includes all applicable federal, state and City taxes of every kind and nature applicable to the Services as well as all taxes, contributions, and premiums for unemployment insurance, old age or retirement benefits, pensions, annuities, or similar benefits and all costs, royalties, and fees arising from the use of, or the incorporation into, the Services, of patented or copyrighted equipment, materials, MATERIALS TESTING supplies, tools, appliances, devices, processes, or inventions. All claims or right to claim additional compensation by reason of the payment of any such tax, contribution, premium, costs, royalties, or fees is hereby waived and released by Consultant.

4.5 Interest Waiver. Consultant hereby waives any and all claims or rights to interest on money claimed to be due pursuant to this Agreement, and all such rights to interest to which it may otherwise be entitled pursuant to law, including, but not limited to, pursuant to the Local Government Prompt Payment Act (50 ILCS 505/1 et seq.) as amended or the Illinois Interest Act (815 ILCS 205/1, et seq.) as amended.

4.6 Account Records. The Consultant shall maintain records showing actual time devoted and costs incurred in connection with the Services performed under this Agreement and shall permit the authorized representative of the City to inspect, audit and make copies of all data and records of the Consultant for the Services done under this Agreement. All such records shall be clearly identifiable.