NOTICE TO BIDDERS

REQUEST FOR PROPOSAL #26-200

PROFESSIONAL ENGINEERING SERVICES FOR

232 WESLEY STREET AND 220 SOUTH CROSS STREET PARKING STRUCTURES

Notice to Bidders

Issue Date:

Non-Mandatory Site Visit:

September 8, 2026

September 16, 2026, at 9:00 am

(CST) Vendors shall meet in the Conley Room (lower level) at Wheaton City Hall located at 303 W. Wesley Street., Wheaton, IL 60187. Parking is available at City Hall. Attendees will walk across the street to the Wesley Street parking garage, walk back to City Hall and then drive to the Cross Street parking garage. Vendors shall provide their own transportation.

Last Date for Questions: September 23, 2026, at 11:00 am (CST)

Due Date: September 30, 2026, no later than 11:00 am (CST)

Return submittal to:

City of Wheaton 303 W. Wesley Street - 1st Floor Finance Counter

Wheaton, IL 60187-0727 Attn: Tony Sperkowski, Procurement Officer

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

Fee Proposal Form (Exhibit D) Notice of Deviations Form (Exhibit E) Listing of Subcontractors, Consultants and Agents Form (Exhibit F) References Form (Exhibit G) Vendor Certification Form (Exhibit H) Vendor Information Reporting Form (Exhibit I) W-9 Form

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

• Certificate of Insurance with signed endorsements

• Professional Services Agreement (Exhibit B)

EXHIBIT A

PROFESSIONAL ENGINEERING SERVICES FOR

232 WESLEY STREET AND 220 SOUTH CROSS STREET PARKING STRUCTURES

Scope of Services

INTRODUCTION

The City of Wheaton is seeking proposals for professional engineering services required to perform a condition assessment, prepare construction documents to implement the repairs. Designing repair details and/or work item descriptions as well as preparing Construction Specifications for the following repair items, Bidding, and Engineering Services During Construction of the 220 North Cross and 232 Wesley Street Parking Structures located in Wheaton, Illinois.

TENTATIVE SOLICITATION SCHEDULE

Non-Mandatory Site Visit: September 16, 2026, at 9:00 am (CST) Due Date for Written Questions: September 23, 2026, at 11:00 am (CST) Submittals due: September 30, 2026, at 11:00 am (CST) Intended date for contract award: October 6, 2026

This schedule is an estimate only. Dates and events may be revised or eliminated if in the best interest of the City of Wheaton.

NON-MANDATORY SITE VISIT

There will be non-mandatory site visits to both parking garages held on September 16, 2026, at 9:00 am (CST).

Vendors shall meet in the Conley Room (lower level) at Wheaton City Hall located at 303 W. Wesley St., Wheaton, IL 60187. Parking is available at City Hall. Vendors shall provide their own transportation.

SCOPE OF SERVICES

The following scope of services is included as a guide for the proposer. It is intended to identify the minimum service level expected from the successful firm and as such should be modified and augmented, based upon the experience of the firm, as necessary to complete the project.

BACKGROUND

Wesley Street (Appendix 1) The 232 Wesley Street Parking Structure is a 3-supported level, 3-bay wide parking structure. The structure was completed in 2008 and consists of a precast concrete structural system.

Cross Street (Appendix 2) The 220 South Cross Street Parking Structure is a 3-supported level, 3-bay wide parking structure. The structure was originally constructed in the late 1990’s and consists of a cast-in-place, post-tensioned concrete structural system.

CONDITION ASSESSMENT SERVICES

The Phase I deliverables will include a PDF report that will focus on the current condition of the structures, a program to implement needed conceptual repairs, and your professional opinion of probable costs for the recommended repairs.

PROFESSIONAL ENGINEERING SERVICES FOR

232 WESLEY STREET AND 220 SOUTH CROSS STREET PARKING STRUCTURES

Scope of Services

CONDITION ASSESSMENT

A comprehensive and cost-effective restoration program will be built around a sound condition assessment for the two structures. The condition assessment will seek to identify the existence, nature, and general extent of distress in various representative elements of each structure. The condition assessment will consist of a visual review and representative sounding of representative concrete elements in readily accessible areas. Our conceptual restoration program will identify and prioritize required conceptual repairs. The work will specifically include the following:

1. Review existing drawings and specifications. We intend to use the existing drawings as our background drawings for your field survey.

2. Perform an assessment of the two parking structures to document the physical condition of representative structural elements within each structure. This will consist of visual observation in readily accessible exterior areas with selective non-destructive hammer sounding of the following representative elements:

A. Floors, columns, beams, walls, ceilings, and other exterior structural elements. The visual review will document representative noticeable distress such as cracks, leaks, spalls, scaling, joint deterioration, and other similar adverse conditions. In addition to documenting the nature of noticeable adverse conditions, this review will be utilized to quantify the conditions for formulating our opinion of cost.

B. Chain drag representative, available supported floor surfaces to attempt to detect concrete delamination.

C. Visual review of representative exterior façade elements and stairs.

D. Visual review of exposed floor drains and exposed floor drain piping.

E. Visual review of the slab-on-grade level parking area.

REPORTING

1. Compile and analyze field review materials to generate conceptual repair recommendations and your opinion of probable cost of recommended repairs. You will provide a separate opinion of probable cost for each structure.

2. You will notify the City immediately if our observations should happen to identify items that require immediate attention to allow continued use of the parking structures. You will also recommend any additional evaluation, if required, based on observed deterioration.

3. Provide our report in PDF format to summarize our observations, findings, and conceptual repair recommendations for the structure. Your report will:

A. Identify immediate conceptual repairs/conceptual shoring areas for structural elements to maintain serviceability.

B. Recommend conceptual repair solutions for the identified problems and provide an opinion of probable cost.

PROFESSIONAL ENGINEERING SERVICES FOR

232 WESLEY STREET AND 220 SOUTH CROSS STREET PARKING STRUCTURES

Scope of Services

C. Identify the need (if any) for other structural evaluation, field investigations, shoring design, and/or studies that may be required to develop or implement the restoration program.

4. Have a conference call with you to review our report, recommendations, and opinion on probable construction costs, if requested.

Following the Phase I Condition Assessment and Reporting services you will provide the following additional services to design and help implement the recommended conceptual repairs once the type and scope of those repairs are known.

CONSTRUCTION DOCUMENTS

Phase II services consist of finalizing the scope of the repair work and preparing plans, details, specifications, and phasing to design and help implement the repairs. The plans, details, and specifications you will develop will allow the city to obtain proper competitive bidding for the repairs from qualified restoration contractors while specifying the latest technology in durable concrete repair.

A review of the facility for Building Code compliance and compliance with the Americans with Disabilities Act (ADA) requirements is part of the scope of work. However, it should be noted that whenever significant repair, rehabilitation, or restoration is undertaken in an existing structure, ADA design requirements may become applicable if there are currently unmet ADA requirements.

PHASE II – CONSTRUCTION DOCUMENT PREPARATION AND BIDDING

1. Prepare Construction Documents to implement the repairs. Designing repair details and/or work item descriptions as well as preparing Construction Specifications for the following repair items that were listed and budgeted in your Condition Assessment.

A. Repair items for Concrete Repairs: Floors, lifting loops, columns, and walls.

B. Repair items for Waterproofing Repairs: Replacement of sealants for construction joints, cove joints, vertical joints, window perimeter joints, and tee-to-tee joints, rout, and seal slab cracks, recoating traffic toppings, and application of a concrete sealer.

C. Repair items for the Miscellaneous Maintenance Repairs: Painting of traffic markings, doors and frames, metal pans/steel channels/hand railings, epoxy floor coating, exterior/ interior painting, floor coating and ceiling, walls painting at Wesley garage, installation of supplemental shear transfer devices for the tee-to-tee joints, rewelding existing broken tee to tee shear connectors, limited replacement of directional signage, and installation of door sweeps.

2. The Construction Documents will consist of drawings, details, and technical specifications. This set of drawings will contain a General Notes sheet that will list the required material specifications, plan view sheets, section cuts, and restoration detail sheets, as required, for the repairs listed above. The technical specifications will

PROFESSIONAL ENGINEERING SERVICES FOR

232 WESLEY STREET AND 220 SOUTH CROSS STREET PARKING STRUCTURES

Scope of Services provide detailed information on each of the work items and materials to be used in the repairs. The Construction Specifications will be in CSI format, modified to meet the project needs. Drawings will be in AutoCAD format

3. Prepare Instructions to Bidders and a set of General Conditions that include site-specific instructions and special requirements with respect to minimizing disruption to the parking area.

4. Progress drawing sets will be submitted to the city for review at 95% completion of the work.

5. Incorporate your comments into the construction documents.

6. Provide a list of qualified repair contractors to bid on the repairs.

7. Conduct a pre-bid conference to answer questions by the contractors and review the limitations and extent of work required by the repair documents. Issue addendum to the construction documents, as needed.

PHASE III – ENGINEERING SERVICES DURING CONSTRUCTION (UP TO 10 PART-TIME SITE

VISITS)

1. Conduct a preconstruction conference at the construction site to review with the contractor each work item, quality control, and phasing of the repair work to be performed. (1 site visit)

2. Review shop drawings, submittals, test results, and material sample submittals for general conformance with the intent of the design documents.

3. Review and approve (if appropriate) pay requests, change orders, and materials testing reports submitted by the Contractor and testing agency.

4. Perform part-time on-site construction observation (site visits) to review construction for general conformance with the design intent of the construction documents. You will furnish a field report to the Owner for each site visit performed documenting the work observed and any clarifications to the construction documents. You shall include up to eight (8) site visits to observe the repairs.

5. Participate in bi-weekly or monthly project progress meetings via conference call or in person when coordinated with a site visit.

6. Coordinate with the Owner and Contractor during repair work to help resolve technical or design issues that may arise during the construction as it related to the scope of the project.

7. Perform a punch-list walkthrough and prepare a document outlining visible items requiring correction at Substantial Completion of the project. (1 site visit)

PROFESSIONAL ENGINEERING SERVICES FOR

232 WESLEY STREET AND 220 SOUTH CROSS STREET PARKING STRUCTURES

Scope of Services

8. Review contractor-submitted as-builts, warranties, submittals, etc. and compile into a project close-out package.

9. Perform a detail list of repairs just before the end of the warranty to have repaired.

SUBMITTAL REQUIREMENTS

Firms shall include the following information in their submittal.

1. Brief introductory of your firm.

2 – RECOMMENDATIONS

Immediate Repairs Recommended Base Repairs

Opinion of Probable Costs Implementation

3 – DISCUSSION

Recommended Base Repairs – 232 Wesley Street

Recommended Immediate Repairs – 232 Wesley Street Recommended Immediate Repairs – 220 South Cross Street Recommended Base Repairs – 220 South Cross Street

4 – INVESTIGATIVE SUMMARY

Observations

Concrete Slab Concrete Frame Waterproofing Stair/Stair Elevator Towers Epoxy floor coating Architectural/Miscellaneous

5- Proposed Fee: Fees for engineering services shall be based on a on a lump sum not to exceed using an hourly rate times direct staff cost. Direct costs shall be charged at the actual rate incurred with no markup. Please complete and return the attached Fee Proposal. Include a summary of anticipated hours, classifications, hourly rates for each classification, and number of hours per classification.

2. Procurement Forms

• Certification Form

• Fee Proposal

PROFESSIONAL ENGINEERING SERVICES FOR

232 WESLEY STREET AND 220 SOUTH CROSS STREET PARKING STRUCTURES

Scope of Services

EVALUATION OF PROPOSALS

City staff will evaluate submittals based on the requirements listed above. During or after the evaluation of submittals, City staff may submit written questions and requests for clarification to the Firms. The Firm to be recommended for award will be those whose proposal is determined to be the most advantageous to the City.

DUE DATE FOR WRITTEN QUESTIONS

All questions, either administrative or technical, shall be submitted via email to Tony Sperkowski at asperkowski@wheaton.il.us no later than September 23, 2026, at 11:00 am (CST).

ADDENDA

All questions, clarifications or revisions regarding this proposal shall be issued via a written addendum sent to all Vendors. Each Vendor shall acknowledge receipt of any addenda on the Fee Proposal form. Each Vendor, by acknowledging receipt of any addenda, is responsible for the content of the addenda and any changes to the proposal. Failure to acknowledge issued addenda may cause the proposal submittal to be rejected.

RFP SUBMITTAL

Submittals shall be received no later than September 30, 2026, at 11:00 am. Late submissions will not be accepted.

Submit one (1) hard copy to:

City of Wheaton 303 W. Wesley Street - 1st Floor Finance Counter

Wheaton, IL 60187-0727 Attn: Tony Sperkowski, Procurement Officer

All hard copy proposals shall be submitted in a sealed package marked with the following information:

• Proposal Name & Number

• Proposal Closing Date

• Proposal Closing Time

• Vendor Name and address

It is the sole responsibility of the Vendor to ensure that their proposal is delivered by the stated due date/time.

The City is not responsible for misdirected proposal packages.

CONFIDENTIAL INFORMATION

Vendors claiming any portion of their proposal as proprietary or confidential must specifically identify what documents or portions of documents they consider confidential. Failure to do so may result in information becoming public record.

COSTS INCURRED IN RESPONDING

All costs incurred by the Vendor for proposal preparation and participation in this procurement shall be the sole responsibility of the Vendor. The City shall not reimburse any Vendors for such costs.

PROFESSIONAL ENGINEERING SERVICES FOR

232 WESLEY STREET AND 220 SOUTH CROSS STREET PARKING STRUCTURES

Scope of Services

CITY’S PROFESSIONAL SERVICES AGREEMENT (EXHIBIT B)

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

INSURANCE (EXHIBIT C)

Insurance is required as listed in this RFP package. Reference Exhibit C-Insurance Requirements.

Cross Street Parking G arage 220 South Cross Street (Appendix 1)

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:

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

ii) 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 on 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 the 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.

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 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 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 due date.

8) RECEIPT OF FORMAL OFFERS:

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

Officer shall publish a list of all Proposers on the City’s website within three (3) business days.

9) TAXES:

a) The City is exempt by law from paying sales tax on goods, equipment, and products permanently incorporated to 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 E9997-4312-07.

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) An evaluation team will review all proposals based on weighted requirements. The evaluation team is composed of the Department Head, Project Manager, Procurement Officer, and others as required.

b) Interviews may be conducted with Proposers on the short list. 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.

f) The City’s determination of award for best overall value will consider the following non-exclusive list:

available project management resources, soft costs of Agreement management; and training costs.

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 to identify strengths and weaknesses of proposals, and to establish a ranking, 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) Except as otherwise stated, Proposers will be awarded 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:

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) Any Proposer who claims to be aggrieved in connection with the selection process, a pending award, or other reasonable issue may initiate a protest.

• Protests involving the solicitation process must be presented in writing via e-mail to the Procurement Officer no later than the last date for questions as reflected on the Notice to Bidders.

• Protests involving the evaluation of offers, staff recommendations, or the award process must be submitted in writing to the Procurement Officer no later than three (3) business days after bid results are publicly posted.

b) Protests must include: the name and address of the protestor; appropriate identification of the solicitation; if an award has been initiated, the award document number (if available), identification of the procedure that is alleged to have been violated; precise statement(s) of the relevant facts;

identification of the issue to be resolved; protestor’s argument and supporting documentation (Exhibits, evidence, or documents to substantiate any claims).

c) A person filing a notice of protest will be required, at the time the notice of protest is filed, to post a bond in the form of a cashier’s check in an amount equal to twenty-five percent of the City’s estimate of the total volume of the award, or $1,000, whichever is less.

• If the decision of the protest does not uphold the action taken by the City, then the City shall return the amount, without deduction, to the Proposer filing the protest.

• If the decision of the protest upholds the action taken by the City, then the City shall retain the amount of the cashier’s check in payment for a portion of the cost and expense for time spent by City staff in responding to the protest and in conducting the evaluation of the protest.

d) Upon receipt of the notice of protest, the Procurement Officer shall stop the award process.

• The Procurement Officer will rule on the protest in writing within two (2) business days from receipt of protest.

• Appeals of the Procurement Officer’s decision must be made in writing within two (2) business days after receipt thereof and submitted to the City Manager for final resolution. Appellant shall have the opportunity to be heard and an opportunity to present evidence in support of the appeal.

• The City Manager’s decision is final.

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 to 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

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

GENERAL TERMS AND CONDITIONS FOR PROFESSIONAL SERVICE PROVIDERS

General Terms and Conditions for Professional Service Providers

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

REQUEST FOR PROPOSAL #26-200 PROFESSIONAL ENGINEERING SERVICES FOR 232 WESLEY

STREET AND 220 SOUTH CROSS STREET PARKING STRUCTURES

Professional Engineering Services Agreement

Revised September 2026

Agreement No. ___

CITY OF WHEATON, ILLINOIS

PROFESSIONAL ENGINEERING SERVICES AGREEMENT FOR

232 WESLEY STREET AND 220 SOUTH CROSS STREET PARKING STRUCTURES

THIS AGREEMENT is made and entered into this ___ day of October 2026, by and between the CITY OF WHEATON, an Illinois municipal corporation ("City"), located at 303 W.

Wesley Street, Wheaton, Illinois, 60187 and __________, ("Engineer"), located at 550 West Main Street, Anytown, IL 60661 City and Engineer are at times collectively referred to hereinafter as the "Parties."

WHEREAS, the City has determined that it is reasonable and necessary to engage a professional engineering firm to provide Professional Engineering Services for 232 Wesley Street and 220 South Cross Street Parking Structures (“Project”) consistent with the City’s Professional Engineering Services for 232 Wesley Street and 220 South Cross Street Parking Structures Project Request for Proposal which is attached hereto and incorporated herein as if fully set forth as Group Exhibit A; and

WHEREAS, the Engineer has submitted a cost proposal to provide Professional Engineering Services for 232 Wesley Street and 220 South Cross Street Parking Structures (“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 professional engineering services upon the terms and conditions set forth herein below; and

WHEREAS, the City finds that the Engineer’s Proposal meets the City’s requirements for professional engineering 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 recitals set forth above are incorporated herein as substantive terms and conditions of this Agreement and represent the intent of the Parties.

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

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

b. The Engineer’s Proposal and all related documents is attached as Group Exhibit B

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

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

Group Exhibit D; and

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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.

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 Engineer to perform Professional Engineering Services for 232 Wesley Street and 220 South Cross Street Parking Structures for the completion of this Project. For and in consideration of the Agreement Amount indicated in Section 4.1 herein, the Engineer promises and agrees that it shall, at its own cost and expense, perform all the work and furnish all the labor, materials, and equipment necessary to provide the professional engineering services necessary for the Project (“Services”), in accordance with the Project Scope of Services set forth in the City’s RFQ (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

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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.

2.5 Project Manager. The City’s Project Manager for the Project is Al Schefske. The Project Manager’s contact information is as follows: (630) 260-2867 or aschefske@wheaton.il.us.

2.6 Time of Performance. The Engineer shall perform the Services within the Term of this Agreement as set forth in Section 9.1 of this Agreement, in accordance with the schedule of services as indicated in the attached Proposal (Group Exhibit B), and in accordance with any other completion schedule or milestones which may be separately agreed upon in writing by the Parties. Engineer represents that it has the professional and technical personnel required to perform the Services in conformance with such conditions. Upon request of City, Engineer shall provide a more detailed schedule of anticipated performance to meet the schedule of services.

2.7 Additional Services. The Engineer shall provide only the Services specified in this Agreement, and the attached Group Exhibit A. The Engineer acknowledges and agrees that the City shall not be liable for any costs incurred by the Engineer in connection with any services provided by the Engineer 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 Engineer 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 Engineer’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 Engineer 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 Engineer 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 Engineer shall act as an independent

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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 employee, partners, or joint venturers between the City and Engineer; or (ii) to create any relationship between the City and any subcontractor of the Engineer. Engineer 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 Engineer specifically agrees that it shall not do

so. The City shall not have the authority to control the method or manner by which Engineer 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 Engineer. The Key Project Personnel shall not be changed without the City’s prior written approval.

3.2 Availability of Personnel. The Engineer shall provide all personnel necessary to complete the Services including, without limitation, any Key Project Personnel identified in this Agreement. The Engineer 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 Engineer 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 Engineer 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 Engineer shall be acceptable to, and approved in advance by, the City. The City’s approval of any subcontractor or subcontract shall not relieve the Engineer 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 Engineer.

For purposes of this Agreement, the term “Engineer” shall be deemed also to refer to all subcontractors of the Engineer, and every subcontract shall include a provision binding the subcontractor to all provisions of this Agreement. Upon the City's request Engineer shall furnish the City with a copy of its agreement with any subcontractor performing Services required under this Agreement.

3.4 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 engineering practices, the Engineer shall immediately upon notice from the City remove and replace such personnel or subcontractor. The Engineer shall have no claim

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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.

3.5 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 Engineer or with any vendor solicited or recommended by the Engineer.

3.6 Corporate Authorities of the City. Notwithstanding any provision of this

Agreement, any negotiations, or agreements with, or representations by the Engineer 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 Engineer without the knowledge and approval of the City Manager or of the City's Corporate Authorities.

SECTION 4. COMPENSATION AND METHOD OF PAYMENT.

4.1 Agreement Amount. The total amount billed by the Engineer 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 Engineer shall be paid in accordance with the amounts set forth in the Proposal (Group Exhibit B). The Engineer shall submit an itemized invoice(s) containing sufficient detail of the Services performed to enable the City to properly evaluate the payout request. The City shall pay Engineer 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

4.3 Unappropriated Funds. The obligation of the City for payment to the Engineer is limited to the availability of funds appropriated in the 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

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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, 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 Engineer.

4.5 Interest Waiver. Engineer 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.