NOTICE TO BIDDERS

REQUEST FOR PROPOSAL #26-221

CITY OF WHEATON WELLS AND STORAGE STUDY RE-BID

Notice to Bidders

Issue Date: September 24, 2026

Last Date for Questions: October 12, 2026, at 11:00 am (CST)

Due Date: October 15, 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

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

• Certificate of Insurance with signed endorsements

• Signed Agreement (Exhibit B)

• Vendor Information Form

EXHIBIT A

CITY OF WHEATON WELLS AND STORAGE STUDY RE-BID

Scope of Services

INTRODUCTION

The City of Wheaton is seeking proposals from qualified engineering firms to conduct a comprehensive Emergency Well and Storage Expansion Study. The study follows a 2026 Risk- Based Water System Analysis which identified a critical vulnerability in the City's reliance on the DuPage Water Commission (DWC) without active countermeasures.

At the conclusion of this Study, the City will be able to evaluate the relative risks and associated costs of alternative for relying on wells and/or additional storage in the event of a total supplier loss.

It is the intent of the City to hire a single highly qualified firm that can provide the following services:

• Project Management and Scheduling: Coordinating all aspects of the study within the 2026–2028 capital planning cycle.

• Emergency Well Evaluation: Performing Level 2 constant-rate pump tests and detailed water quality/blending analysis for two of the City’s six wells to determine the costs for rehabilitation versus full replacement.

• Storage Capacity Cost Analysis: Providing financial modeling for expanding storage capacity to address current deficits.

• Operations & Maintenance (O&M) Projections: Determining the annual maintenance costs required to maintain both groundwater wells and additional storage assets in a state of permanent operational readiness.

• Reporting and Decision Support: Delivering a final roadmap and financial study to guide the City’s critical 2028 capital investment decision point.

BACKGROUND

The City of Wheaton’s water distribution system serves over 52,000 residents and currently relies on treated Lake Michigan water purchased from the DWC as its sole active source. A recent 2026 strategic risk analysis conducted by Arcadis U.S., Inc. identified a critical vulnerability: the system possesses no active countermeasures to mitigate a total supply loss from the DWC. While the City maintains six emergency groundwater wells, these assets have been tested monthly but have not been in continuous use since 1992 and require evaluation to determine their operational viability and compliance with modern Illinois Environmental Protection Agency (IEPA) standards.

Furthermore, the strategic risk analysis identified that the City’s current storage capacity (7.27 MG) is insufficient for its 4.57 MGD average day demand, resulting in a storage deficit of 1.87 million gallons (MG) relative to DWC’s 48-hour minimum storage mandate.

OBJECTIVES

The primary goals of this study, framed as a Water Quality in Emergency Preparedness project, include, but are not limited to:

CITY OF WHEATON WELLS AND STORAGE STUDY RE-BID

• Emergency Well Evaluation: Determine the feasibility, cost, and water quality impacts of utilizing all six Wheaton wells as primary emergency supply sources for up to 30 days without full treatment (excluding chlorination).

• Emergency Daily Water Use: Determine the minimum amount of water needed to support fire suppression, residential, and commercial needs during a key supplier outage.

• Storage Expansion Analysis: Develop a cost-effective roadmap to reach the DWC required volume of storage (providing a full 48-hour supply).

• Long-Term O&M Planning: Project annual maintenance costs for both operational wells and storage assets to ensure permanent operational readiness.

SCOPE OF SERVICES TO INCLUDE, BUT NOT LIMITED TO:

Task 1: Technical Assessment of Wheaton Wells

• Level 2 Pump Testing: Conduct a constant-rate pump test for each of the six wells to evaluate drawdown, production capacity, aquifer health, and equipment stress.

• Water Quality Desktop Study: Perform a desktop analysis comparing well water samples against the well supply. This must evaluate disinfection and corrosion control needs, as well as secondary standards such as Iron, Manganese, and Zinc.

• Blending & Lead Analysis: Analyze the impacts of shifting from surface water to groundwater, specifically regarding Lead Service Lines (LSLs) and potential water quality issues impacting public health.

• Rehab vs. Replacement Costing: Provide estimates to rehabilitate legacy equipment versus full replacement to meet modern IEPA standards.

• Redundant System (Optional): At a very high level, review the conceptual feasibility and costs of using wells as a redundant (treated) supply source.

Task 2: Storage Expansion & Financial Analysis

• Infrastructure Alternatives: Provide high-level options to increase total system storage to meet requirements.

• Siting Study: Evaluate land acquisition needs or the use of existing municipal sites (e.g., Fire Station adjacent to President site).

Task 3: Operations & Maintenance (O&M) Costing

• Upfront Cost: Provide construction costs for additional storage and pumping stations.

• Groundwater O&M: Estimate annual costs for routine monthly testing, sampling, and chemical (chlorine) system maintenance.

• Storage O&M: Provide a maintenance budget for storage assets, including mixers, cathodic protection, and recoating.

CITY OF WHEATON WELLS AND STORAGE STUDY RE-BID

DELIVERABLES

• Technical Memorandum: Results of the constant-rate pump tests and comprehensive water quality findings for all six City wells.

• Capital Improvement Planning Framework: Provide a menu of elective projects, budgetary estimates, and recommended scheduling for 2028 and beyond. Specifically, provide itemized standalone cost models and life cycle cost estimates for individual improvement options allowing the City to create a multi-year capital plan.

PROPOSAL REQUIREMENTS

Proposals must include the following components:

• Company Qualifications: Description of relevant experience in municipal hydrogeological studies, Level 2 constant-rate well pump testing, and water storage infrastructure financial modeling.

• Staffing Plan: Proposed staffing levels and technical expertise, specifically including licensed hydrogeologists and professional engineers experienced in Illinois water system regulations.

• Pricing: A total project cost and a per-well rate (broken down by Level 2 pump testing, water quality analysis, and storage infrastructure costing).

• Timeline: A proposed project schedule to complete all technical evaluations and the final resiliency roadmap within the 2026–2028 capital planning window.

• Licensing/Insurance: Proof of required professional licenses and insurance certificates as outlined in the City’s standard professional service requirements.

• Procurement Forms

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)

COMPENSATION

Fees for services will be based on a cost plus not to exceed basis using a unit price per well tested or an hourly rate for engineering analysis. Direct costs, such as laboratory water quality testing, will be charged at the actual rate incurred with no markup

PROJECT TIMELINE

• RFP Issue Date: September 24, 2026

• Proposal Due Date: October 15, 2026

CITY OF WHEATON WELLS AND STORAGE STUDY RE-BID

• Contract Award: November 2, 2026

• Work Commencement: Fall 2026

• Project Completion: Fall 2027

This is a tentative schedule only. Dates and events may be revised if in the best interest of the City.

EVALUATION OF PROPOSALS

City staff shall evaluate submittals based on the criteria listed below. During or after the evaluation of proposals, City staff may submit written questions and requests for clarification to the Firms.

Firm Qualifications & Staff Availability 30% Project Team Technical Expertise 30% Technical and Management Approach 20% Fees 10%

AWARD

The award shall be made to the Firm(s) whose Proposal, in the City’s sole discretion, furthers the City’s best interests. The City reserves the right to make a primary and secondary award. If the primary Firm cannot respond to a service request within the time stipulated in their proposal response, the secondary Firm will be contacted to perform the required work.

DUE DATE FOR QUESTIONS

All questions or requests for clarification, either administrative or technical, shall be submitted via email to Tony Sperkowski at asperkowski@wheaton.il.us prior to October 7, 2026, at 11:00 am CST. Questions/clarifications will be responded to in the form of a written addenda and published on the City’s website.

RFP SUBMITTAL

Submittals must be received by October 14, 2026, at 11:00 am CST. Late submissions will not be accepted.

Submit one (1) original hard copy to:

City of Wheaton

303 W. Wesley Street - 1st Floor Finance Counter

Attn: Ton Sperkowski, Procurement Officer

All submittals shall be in a sealed envelope marked with the RFP Name & Number, Closing Date/Time, and Vendor Name and address. It is the sole responsibility of the Vendor to ensure

CITY OF WHEATON WELLS AND STORAGE STUDY RE-BID

that their submittal is delivered by the stated date/time. The City is not responsible for misdirected packages.

PLEASE DO NOT SUBMIT PERFORATED PAGES, NOR BIND YOUR PROPOSAL IN ANYTHING

OTHER THAN PAPER CLIPS OR BINDER CLIPS.

ADDENDA

All questions, clarifications or revisions regarding this proposal will be issued via a written addendum and published on the City’s website. Each Vendor shall acknowledge receipt of any addenda on the attached Fee Proposal form (Exhibit D). 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.

CONFIDENTIAL INFORMATION

Any proposal material that is to be considered proprietary or confidential in nature must be clearly marked as such by the propose. Failure to do so may result in information becoming a public record.

COSTS INCURRED IN RESPONDING

The City will not be responsible for any expenses incurred in preparing and submitting a proposal.

CITY’S PROFESSIONAL SERVICES AGREEMENT (EXHIBIT B)

In submitting a proposal, the Firm agrees to enter into an agreement with the City utilizing the City’s Professional Service Agreement. Enclosed is a draft of the City's Professional Service Agreement, which shall be used for this contract.

INSURANCE (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 submittal as proof of insurance.

INVOICES

All invoices shall reflect the following applicable information: Agreement number, name of the Project, name of the Firm, and the services/deliverables with the price depicted in the same format as the offer.

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

CITY OF WHEATON WELLS AND STORAGE STUDY RE-BID

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.

CITY OF WHEATON WELLS AND STORAGE STUDY RE-BID

GENERAL INSTRUCTIONS REGARDING SOLICITATIONS FOR PROFESSIONAL SERVICES

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.

9) TAXES:

CITY OF WHEATON WELLS AND STORAGE STUDY RE-BID

GENERAL INSTRUCTIONS REGARDING SOLICITATIONS FOR PROFESSIONAL SERVICES

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 E99974312.

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.

CITY OF WHEATON WELLS AND STORAGE STUDY RE-BID

GENERAL INSTRUCTIONS REGARDING SOLICITATIONS FOR PROFESSIONAL SERVICES

14) SELECTION PROCESS:

a) An evaluation team will review all proposals based on weighted requirements. The evaluation team shall be composed of City staff and other Subject Matter Experts 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) 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.

CITY OF WHEATON WELLS AND STORAGE STUDY RE-BID

GENERAL INSTRUCTIONS REGARDING SOLICITATIONS FOR PROFESSIONAL SERVICES

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) 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.

CITY OF WHEATON WELLS AND STORAGE STUDY RE-BID

GENERAL INSTRUCTIONS REGARDING SOLICITATIONS FOR PROFESSIONAL SERVICES

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 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.

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

ii) 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.

iii) 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.

iv) 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.

i) 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

CITY OF WHEATON WELLS AND STORAGE STUDY RE-BID

GENERAL INSTRUCTIONS REGARDING SOLICITATIONS FOR PROFESSIONAL SERVICES

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.

ii) 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 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.

REQUEST FOR PROPOSAL #26-221 CITY OF WHEATON WELLS AND STORAGE STUDY RE-BID

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.

GENERAL TERMS AND CONDITIONS FOR PROFESSIONAL SERVICE PROVIDERS

General Terms and Conditions for Professional Service Providers

6) PAYMENT:

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

CITY OF WHEATON WELLS AND STORAGE STUDY RE-BID

Consulting Services Agreement

Revised September 2026

Agreement No. ___

CITY OF WHEATON, ILLINOIS

CONSULTING SERVICES AGREEMENT FOR A

WELLS AND STORAGE STUDY

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 _________, ("Consultant"), located at 123 Main Street, Anytown, IL 60184. 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 a Wells and Storage Study (“Service”), consistent with the City’s Wells and Storage Study 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 a Wells and Storage Study (“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 RFP and all related documents is attached as Group Exhibit A;

b. The Consultant’s Proposal and all related documents are 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.

CITY OF WHEATON WELLS AND STORAGE STUDY RE-BID

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 a Wells and Storage Study. 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 Wells and Storage Study 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 Consultant and arrange for access to make all provisions for the Consultant to enter upon public property as required by the Consultant 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 Consultant’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 Consultant 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.

2.5 Project Manager. The City’s Project Manager for the Project is Sean Wlash. The

Project Manager’s contact information is as follows: (630)260-2107 or swalsh@wheaton.il.us.

CITY OF WHEATON WELLS AND STORAGE STUDY RE-BID

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 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

CITY OF WHEATON WELLS AND STORAGE STUDY RE-BID

Consulting Services Agreement

Revised September 2026 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.

3.4 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 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.

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 Consultant or with any vendor solicited or recommended by the Consultant.

CITY OF WHEATON WELLS AND STORAGE STUDY RE-BID

3.6 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. COMPENSATION 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…