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CITY OF OAK RIDGE, TENNESSEE REQUEST FOR PROPOSALS SYSTEM-WIDE LEAK DETECTION SURVEY August 2017 PROPOSALS DUE SEPTEMBER 7, 2017

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CITY OF OAK RIDGE, TENNESSEE

REQUEST FOR PROPOSALS

SYSTEM-WIDE LEAK DETECTION SURVEY

August 2017

PROPOSALS DUE

SEPTEMBER 7, 2017

CITY OF OAK RIDGE, TENNESSEE System-Wide Leak Detection Survey

REQUEST FOR PROPOSALS

TABLE OF CONTENTS

I. INSTRUCTIONS TO PROPOSERS • Overview ....................................................................................................3 • Requirements of Proposal ..........................................................................5 • Qualifications ..............................................................................................8 • Proposal Submission Requirements ......................................................... 10 • Evaluation of Proposals ............................................................................ 10

II. REQUIRED PROPOSAL SUBMISSION DOCUMENTS

• Proposal Summary Sheet ......................................................................... 13 • Business Organization .............................................................................. 14 • References ............................................................................................... 15

III. EXHIBITS/ADDITIONAL INFORMATION

• Sample Agreement ................................................................................... 16

CITY OF OAK RIDGE, TENNESSEE System-Wide Leak Detection Survey

REQUEST FOR PROPOSALS

3 System-Wide Leak Detection Survey RFP

I. INSTRUCTIONS TO PROPOSERS

OVERVIEW

The City of Oak Ridge, Tennessee (City) is requesting proposals from reputable and experienced firms capable of locating and identifying subsurface water system leaks within the City’s water distribution system. Proposals must include a list of services, equipment and goods to be provided and used in the completion of this project. The City will furnish all maps and records necessary to properly conduct the leak detection survey. The goals of this program will be to locate leaks in the system that will be repaired by the City. The leak survey shall be designed to enable the City to lower water distribution system leakage and to lower our overall water loss. Staff will be available to answer questions that will assist the firm in their assessment. The City has approximately 305 miles of water main and has an average daily water usage rate of four (4) million gallons per day (MGD). Water system pressures range from approximately 30psi to 150psi. The City will furnish documents necessary to complete any assessment.

Water Mains

Material Size Length Age Cast Iron 65%, Ductile Iron 30%, C900 PVC 5%, AC Pipe > 1%

4” – 36 “ 305 Miles 1,597,736 Feet

1940s to 2017

Valves Type Size Manufacturer Amount

Butterfly / Gate / Air Release

4” – 36” Various 8,000

Hydrants Type Size Manufacturer Amount

Dry-barrel 5 ¼” Mueller 3,000 Service Connections

Type Size Manufacturer Amount Direct, Saddle, Tee ¾” – 12” Various 15,000

(All listed amounts should be considered as approximated amounts.)

Proposals must be submitted no later than 4:00P.M. local time on Thursday, September 7, 2017. No consideration will be given to proposals received after the above stated date and time. Proposers must submit one (1) original of the proposal, and one (1) electronic copy of the proposal. Proposals shall be submitted as follows:

MAILING ADDRESS: DELIVERY ADDRESS: City of Oak Ridge City of Oak Ridge

Public Works Department Public Works Department P.O. Box 1 100 Woodbury Lane

Oak Ridge, TN 37831-0001 Oak Ridge, TN 37830

CITY OF OAK RIDGE, TENNESSEE System-Wide Leak Detection Survey

REQUEST FOR PROPOSALS

4 System-Wide Leak Detection Survey RFP

QUESTIONS REGARDING THIS REQUEST FOR PROPOSAL SHOULD BE IN WRITING AND DIRECTED TO THE FOLLOWING INDIVIDUAL BY THE END OF BUSINESS ON THURSDAY, AUGUST 31, 2017:

Tasha Pitsenbarger City of Oak Ridge P.O. Box 1 Oak Ridge, TN 37831-0001 E-mail: [email protected] Fax: (865) 425-1843

Information (other than in the form of a written Addendum issued by the City) from any officer, agent, or employee of the City, or any other person, shall not affect the risks or obligations assumed by the Proposer or relieve him/her from fulfilling any of the conditions and obligations set forth in the proposal and other contract documents. Before the proposals are opened, all modification or additions to the proposal documents will be made in the form of a written Addendum issued by the City. The City will post any Addenda on the City’s website under Online Bid Requests at www.OakRidgeTN.gov.

CITY OF OAK RIDGE, TENNESSEE System-Wide Leak Detection Survey

REQUEST FOR PROPOSALS

5 System-Wide Leak Detection Survey RFP

REQUIREMENTS OF PROPOSAL

Scope of Services

The City of Oak Ridge, Tennessee is requesting proposals from reputable and experienced firms capable of locating and identifying subsurface water system leaks within the City’s water distribution system.

Services Provided by Contractor

The Proposer will furnish all labor, material, transportation, tools, and equipment necessary to survey the water distribution system. The work will consist of the following:

a) Listen to all fire hydrants and all accessible main line valves in the entire distribution

system with an electronic listening device by making physical contact with the valve, hydrant, pipe, or service connection. (Listening points that are not accessible will be given to the City and once corrected, they will be listened to). This will be done on the City’s entire distribution system starting with the oldest areas and areas with a history of leak repairs.

b) Listening distances should not exceed 400' between points, i.e., hydrants, valves,

service connections.

c) Listening distances for all PVC water mains should not exceed 200’ between points, i.e., hydrants, valves, service connections.

d) When leak noise has been detected and or suspected, Proposer will verify the

suspected area a second time to confirm the noise. The Proposer will notify the City and the City will line locate the water main and service lines in the immediate area as a part of the leak location process.

e) A Correlator shall be used to determine if a leak is present and use the same

equipment to pinpoint the leak. For PVC water mains, the Correlator used must have a frequency response capable of correlating leaks on plastic or PVC pipe.

f) The leak location will be marked in the field (on the surface) using environmentally formulated precautionary blue paint.

g) The Proposer will document all leak locations with a diagram and GPS coordinates

indicating the location of the leak. These field sheets will be copied and turned into the assigned City personnel so the leak can be dug and repaired as deemed appropriate. They will be classified as to the potential severity of water loss.

CITY OF OAK RIDGE, TENNESSEE System-Wide Leak Detection Survey

REQUEST FOR PROPOSALS

6 System-Wide Leak Detection Survey RFP

h) The Proposer shall submit daily reports to the City indicating the location, severity,

and estimated water loss of each leak. The Proposer will update the City of the schedule for the current day, as well as what will be surveyed the following day.

i) It may be necessary to conduct parts of the leak survey during “off hours” such as

during the night. This may be required in areas of high traffic volume where traffic noise may affect the ability to detect leak noise and traffic volume may affect the ability of the Project Team to be able to safely access main line valves in the middle of the street. The Proposer will give 24-hour notice of intent to survey a particular area that may require after hours surveying or nighttime surveying. This is so the City can plan for the area to be surveyed, give notification to the Police Department, as well as other Departments as to the activity that will take place.

j) A progression map shall be maintained indicating leak locations as well as the

coverage of the leak survey. This will be especially helpful in quickly determining leak locations that correspond to the field leak diagrams turned into the City and will also need to be turned into the City as a part of the final report.

Equipment to be Used

The latest water leak technology shall be used. The Proposer will indicate all equipment and methodology that will be used during the leak survey project, including, but not limited to the following:

Correlator must be available to pinpoint leaks. They must have a frequency range capable of detecting leaks on all types of pipe material including PVC and other types of plastic pipe.

The following Correlator may be used:

• FCS DiggiCall, AccuCall Leak Correlator (the only acceptable device for PVC or plastic type water main), Tri-Corr 2001 or Metrotech Correlator

The following electronically enhanced listening devices may be used:

• FCS S30 or L-MIC electronically enhanced listening device or equal

The following line locating equipment and magnetic valve box locators may be used: • RADIODETECTION RD 400, 432,433 Line Locator or equal • SCHONSTEDT Magnetic Locator, CHICAGO TAPE Magnetic Locator or equal

CITY OF OAK RIDGE, TENNESSEE System-Wide Leak Detection Survey

REQUEST FOR PROPOSALS

7 System-Wide Leak Detection Survey RFP

Proposed Schedule

The Proposer shall submit, as part of the proposal, a work schedule detailing the work plan. This will include a time and date estimate for each task session of the project. A calendar or timeline would be helpful for detailing the work proposed. This schedule shall include time and dates from the kick-off meeting to the submission of the final report.

Documentation and Communication

The Proposer is expected to perform the following:

a) Provide 48-hours advance notice to businesses and establishments that may be impacted by work along the project route.

b) Meet daily with assigned City personnel to go over areas of survey for prior

workday and plan current day and area to survey.

c) Diagram all leak locations and include GPS locations, classify according to severity, and provide an estimate of loss. These will be transmitted daily to the appropriate City personnel via electronic format, preferably email.

d) Maintain a progression map to be included with the final report of the project

indicating leak locations with symbols, and indicating type and severity corresponding to the individual leak diagrams.

e) Develop a leak survey log of activity to be included with the final report that will

include the following:

Type of monitored appurtenances Location of leaks discovered, including GPS coordinates Total estimated loss Mechanical deficiencies discovered Mapping errors

f) Prepare the final written report at the completion of the project, which will include all

leak reports, total of estimated water loss, and other problems found in the system during the course of the survey that need the attention of the City.

This final report shall be made available for submission to the City within thirty (30) working days of the completion of the fieldwork.

CITY OF OAK RIDGE, TENNESSEE System-Wide Leak Detection Survey

REQUEST FOR PROPOSALS

8 System-Wide Leak Detection Survey RFP

Services Provided by the City

The City of Oak Ridge shall provide the following services:

a) The City will furnish all maps and records necessary to properly conduct the survey.

b) The City will assist as necessary to clean out valve-boxes needed for listening. The

Proposer will give written notice of any valve-boxes in need of cleaning for listening.

c) The City will also make available, on a reasonable but periodic basis, certain personnel with a working knowledge of the water system who may be helpful in attempting to locate particularly hard-to-find water valves for listening and for general information about the water system. This person will not need to assist the project team on a full-time basis, but only on an “as needed” basis.

d) The City will assist to locate, if needed, all nonmetallic pipes within the service area.

This would include all Asbestos Cement Pipe and PVC/Plastic Pipe.

Leak Survey Proposed Pricing

The “Per Mile Fee” price will include all costs associated with the Leak Survey Services for the selected areas of the distribution system. The cost of the initial survey, as well as the cost of pinpointing the leaks, will be included with this “Per Mile Fee”. The City of Oak Ridge will review the proposals based on qualifications of the firms. Once a qualified firm is chosen, the City will negotiate a price for these services based on a “Per Mile Fee.”

QUALIFICATIONS

Firm Experience & References

The Proposer shall provide a company overview covering all the services provided. This should include the primary line of business, how long the company has been in business, and how long the company has been providing water distribution system services with regard to this proposal.

The Proposer will submit at least six (6) projects where the Proposer has completed similar work in size and scope in the last five (5) years. This submittal will include the following: A brief description of the work completed Contracted amount

CITY OF OAK RIDGE, TENNESSEE System-Wide Leak Detection Survey

REQUEST FOR PROPOSALS

9 System-Wide Leak Detection Survey RFP

Time required to complete the project Findings of the project Contact names, phone numbers, addresses, and e-mail addresses of the City

authorizing the project

Experience of Key Personnel

The City is desirous of a quality professional services firm that can provide the City with the services listed below in a safe, efficient, and professional manner. As a condition of this request, the firm must provide experienced, courteous, professional, trained, and qualified personnel. The project team shall be composed of the following personnel:

A Project Manager with five (5) years of managing water distribution system leak

surveys. A Field Project Leader with three (3) years of water distribution system leak survey

experience. The Field Technician/Laborer for this project has no minimum requirements.

The following qualifications required by the personnel performing the work on this project shall be outlined in brief resumes with project experience; limited to one (1) page. At a minimum, project personnel shall be trained (certified where applicable) in leak detection, leak correlation, traffic control – technician & flagging, and confined space entry. Current Workload and Commitments

Proposer will need to submit a statement of commitment to the project and indicate other current commitments that may affect the ability to complete the scheduled work within the specified time outlined in both the proposal requirements and the Proposer’s work schedule.

Special Conditions

Proposers must completely familiarize themselves with the specifications in this RFP. The contractor shall furnish all equipment and manpower necessary to handle the leak detection survey services in a timely and safe manner, and at the submitted proposal price.

Work Hours The contractor shall work the same hours as the Public Works Department unless other necessary abbreviated times are agreed upon ahead of time by the Director or designee. The Department's current hours are 7:30A.M. to 4:00P.M., Monday through Friday.

Right to Change Scope of Work Due to budget constraints, the City reserves the right to add or delete from the contract as required. The quantities listed are estimates only and may be altered.

CITY OF OAK RIDGE, TENNESSEE System-Wide Leak Detection Survey

REQUEST FOR PROPOSALS

10 System-Wide Leak Detection Survey RFP

Safety The contractor shall exercise every precaution at all times for the protection of persons and properties. The safety provisions of all applicable laws and ordinances shall be strictly observed. The contractor shall abide by all EPA and OSHA safety standards and regulations; the City is not responsible for site safety. The contractor is solely and exclusively responsible for construction means, methods, technologies, and site safety. Traffic Control and Protection The Contractor shall provide adequate traffic control for work area protection in compliance with the most current edition of the Federal Highway Administration Manual on Uniform Traffic Control Devices for Streets and Highways (MUTCD), the State of Tennessee Vehicle Code, Department of Transportation Highway Standards, and the Tennessee Department of Transportation Handbook of Traffic Engineering Practice for Small Cities. All personnel, signs, barricades, and any other items or devices necessary, shall be provided by the Contractor. The City shall make no separate payment for this work. Traffic control shall include, but not be limited to, the following:

Whenever possible, work vehicles shall be parked on the same side of the street as

the worksite. Whenever possible, the work site on a two (2) lane street or highway shall be

confined to one (1) traffic lane, leaving the opposite lane open to traffic.

PROPOSAL SUBMISSION REQUIREMENTS

Proposer must submit one (1) complete, original proposal, and one (1) complete, identical, electronic copy of the proposal and shall have provided all requested information, and submitted all appropriate forms.

EVALUATION OF PROPOSALS

Proposals will be opened and evaluated utilizing the following point system/scale to evaluate each submission.

Scope of Work: 25 points Similar & Successful Project Management History: 25 points Firm Experience: 25 points Experience of Key Personnel: 25 points

CITY OF OAK RIDGE, TENNESSEE System-Wide Leak Detection Survey

REQUEST FOR PROPOSALS

11 System-Wide Leak Detection Survey RFP

The City reserves the right to reject any or all proposals received. Consideration for award of the contract will go to the firm which demonstrates that it possesses the skill, judgment, experience, availability of appropriate manpower, ability and track record of providing the required service. All judgments as to skill, experience, availability of appropriate staff, and record of on-time delivery will be made in the sole judgment of the City. The City shall appoint a review committee to work in an effort to select an appropriate Professional Services Firm to perform all phases of this project. The City may request to interview any and all respondents.

Negotiations

The City of Oak Ridge reserves the right to negotiate specifications, terms, and conditions which may be necessary or appropriate to the accomplishment of the purpose of this RFP.

The means of compensation and a formal contract/agreement may be negotiated after the Contractor evaluation and selection process. If the City and Contractor are unable to agree on compensation, the City retains the right to negotiate with other qualified Contractor(s).

12 System-Wide Leak Detection Survey RFP

II - REQUIRED PROPOSAL SUBMISSION DOCUMENTS

13 System-Wide Leak Detection Survey RFP

PROPOSAL SUMMARY SHEET

System-Wide Leak Detection Survey

IN WITNESS WHEREOF, the parties hereto have executed this proposal as of the date shown below.

Organization Name:

Street Address:

City, State, Zip:

Contact Name:

Phone: Fax:

E-Mail address:

FEIN#:

Signature of Authorized Signee:

Title:

Date:

ACCEPTANCE: This proposal is valid for ______ calendar days from the date of submittal. (Note: At least 60 days should be allowed for evaluation and approval)

14 System-Wide Leak Detection Survey RFP

BUSINESS ORGANIZATION:

Sole Proprietor: An individual whose signature is affixed to this proposal.

Partnership: Attach sheet and state full names, titles, and address of all responsible principals and/or partners. Provide percentage of ownership and a copy of partnership agreement.

Corporation: Provide a disclosure of all officers and principals by name and business address, date of incorporation, and indicate if the corporation is authorized to do business in Tennessee. State of incorporation: ____________________.

In submitting this proposal, it is understood that the City of Oak Ridge reserves the right to reject any or all proposals, to accept an alternate proposal, and to waive any informalities in any proposal.

In compliance with your Request for Proposals, and subject to all conditions thereof, the undersigned offers and agrees to furnish the services as outlined if this proposal is accepted.

(Corporate Seal) Business Name

Signature Print or type name

Title Date

15 System-Wide Leak Detection Survey RFP

(Please Print or Type)

REFERENCES

ORGANIZATION

ADDRESS

CITY, STATE, ZIP

PHONE NUMBER

CONTACT PERSON

DATE OF PROJECT

ORGANIZATION

ADDRESS

CITY, STATE, ZIP

PHONE NUMBER

CONTACT PERSON

DATE OF PROJECT

ORGANIZATION

ADDRESS

CITY, STATE, ZIP

PHONE NUMBER

CONTACT PERSON

DATE OF PROJECT

Proposer’s Name & Title:

Signature and Date:

16 System-Wide Leak Detection Survey RFP

III – SAMPLE AGREEMENT

FY2015-ffi

AGREEMENT(Water System Leak Detection Study)

This Agreement entered into this day of 2017, betweenthe City of Oak Ridge, Tennessee, P.O. Box 1, Oak Ridge, Tennessee 37831, hereinafter referred to asthe..City,',and,hereinafterreferredtoasthe..Consultant.,,

WITNESSETH

WHEREAS, the City has a need for professional services to perform a water system leakdetection study; and

WHEREAS, the Consultant has submitted a proposal detailing their qualifications and has agreedto a negotiate fee.

lT lS THEREFORE AGREED that the Consultant will provide the following services:

1. SCOPE OF SERVICES

The Consultant shall provide the necessary services to perform a water system leak detectionstudy in accordance with the City's specifications and the attached proposal of the Consultantattached hereto and incorporated herein by reference.

2. TERM / COMMENCEMENT OF SERVICES

This Agreement shall commence on the date first written above and shall terminate on June 30,20'18. The services shall commence upon receipt of a Notice to Proceed and shall be completedwithin days of the written Notice to Proceed. The City's contact for this project is -

who maY be reached at (865) 425-ffi#.

3. COMPENSATION

For the provision of such services, the City shall pay the Consultant an amount based upon a

()

negotiated per mile fee of $- in the total estimated amount ofConsultant may submit invoices to the City for services completed and such invoices shall

Thebe

paid within thirty (30) days of receipt by the City provided the services are completed to the City'ssatisfaction. The compensation provided for herein is the entire compensation to be provided.Any work or fees beyond the scope of services shall be by written authorization by the City.

4. REUSE OF DOCUMENTS

All documents prepared by the Consultant pursuant to this Agreement are works for hirefor the benefit of the City and the results of all services performed under this Agreementare the property of the City. The Consultant shall provide to the City an electronic copy ofall such work products, including reports, papers, memos, and correspondence asrequested under specific task orders. Upon the City's request, the Consultant shallpromptly supply the City with all notes, writings, lists, files, reports, correspondence,technical data, electronic files, or any other tangible product or document which theConsultant produced or received while performing work under this Agreement.

Water System Leak Detect¡on StudyPage 1 of4

5. ACCESS TO JOB SITE / JOBSITE SAFETY

Unless otherwise stated, the Consultant will have access to the project site for activitiesnecessary for the performance of the services of this Agreement. The City understands that theConsultant is not responsible for ensuring jobsite safety beyond ensuring the safety of theConsultant's employees and agents while on the project site. Further, the Consultant has noresponsibilities for securing the project site and will not be responsible for any losses or injuriesthat occur at the project site except those losses or injuries caused by the Consultant.

6. INSURANCE

The Consultant shall secure and maintain, at its own expense, during the course ofperformance of the services under this Agreement, adequate liability insurance as willprotect the Consultant from claims of negligence, bodily injury, death or property damagewhich may arise from the performance of services under this Agreement; comprehensiveautomobile insurance at all times will working on City property; and worker'scompensation insurance in an amount, at minimum, in accordance with statutoryrequirements. At a minimum, the Consultant must maintain insurance in the followingamounts:

1. ComprehensiveGeneralLiability:

A.

Bodily lnjury $300,000$700,000

Property Damage $100,000

Or Combined Single Limit of $1,000,000

$300,000$700,000

$100,000

$1,000,000

each occurrenceaggregate

each occurrence

each personeach occurrence

each occurrence

2

3.

Workers'Compensation and Employer's Liability as provided for in applicablestatutes.

Comprehensive Automobile Liability (lncluding all owned, non-owned and hiredvehicles)

Bodily lnjury

Property Damage

Or Combined Single Limit of

B.

c

The Consultant shall submit a certificate or certificates evidencing such insurance at thetime of entering into this Agreement. The Consultant shall provide at least thirty (30)days prior written notice of cancellation, expirations, terminations and alterations of theinsurance policies.

The requirements contained herein as to types and limits, as well as the City's approvalof insurance coverage to be maintained by CONSULTANT are not intended to and shallnot in any manner limit or qualify the liabilities and obligations of CONSULTANT underthis Agreement.

Water System Leak Detection StudyPage 2 oÍ 4

7

D. The City shall be listed as an additional insured with respect to this project

NO DISCRIMINATION

To the fullest extent permitted by all applicable laws and regulations, the Consultant herebyagrees to indemnify and hold harmless the City and their consultants, agents and employeesfrom and against any and all claims, loss, expense, damage, charges and costs direct, indirect orconsequential (including but not limited to fees and charges of engineers, architects, attorneysand other professional and court costs), collectively referred to as "claims," for injury to or deathof persons and injury to or destruction of property suffered or alleged to have been suffered as aresult of any negligent act or omission on the part of the Consultant, any of the Consultant'ssubcontractors, anyone for whose acts any of them may be liable, or others whose services areengaged by the Consultant or anyone directly or indirectly employed or controlled by either ofthem in the course of the performance of the work provided for in this Agreement.

The indemnification obligation described herein shall not be limited in any way by any limitation

on the amount or type of damages, compensation or benefits payable by or for the Consultant orany subcontractor under workers' compensation acts, disability benefit acts or other employeebenefit acts. The limits of insurance required in this Agreement shall not limit the Consultant'sobligations under this section. The terms of this section shall survive the termination orsuspension of this Agreement.

8. LICENSING AND PERMITS

The Consultant is responsible for obtaining any and all required permits, licenses or otherdocumentation, which are needed to perform the work or service provided for in this Agreement.

9. INDEMNIFICATION

The Consultant hereby agrees to protect, indemnify and hold harmless the City and theirconsultants, agents and employees from and against any and allclaims, loss, expense, damage,charges and costs direct, indirect or consequential (including but not limited to fees and chargesof the Consultant's, architects, attorneys and other professional and court costs), collectivelyreferred to as "claims," for injury to or death of persons and injury to or destruction of property

suffered or alleged to have been suffered as a result of any act or omission on the part of theConsultant any of the Consultant's subcontractors, anyone for whose acts any of them may beliable, or others whose services are engaged by the Consultant, or anyone directly or indirectlyemployed or controlled by either of them in the course of the performance of the work provided

for in this Agreement, except such injury, destruction or death as may be caused by thenegligence or fault of the City.

The limits of insurance required in this Agreement shall not limit the Consultant's obligationsunder this section.

10. ASSIGNMENT

The service provided for hereunder may not be assigned in whole or in part without the priorwritten of the City.

Water System Leak Detection StudYPage 3 of 4

11. INDEPENDENTCONTRACTORS

The parties acknowledge that the relationship created under this Agreement is that ofindependent contracting parties and this agreement does not create a general agency, jointventure, partnership, employment relationship or franchise between the parties. Neither partyshall represent itself to be an agent of the other, nor shall it execute any documents or make anycommitments to any contractual or other obligations with third parties.

12. TERMINATION

All terms and conditions of this Agreement are considered material, and failure to perform any ofsaid terms and conditions on the part of the Consultant shall be considered a breach of thisAgreement. Should the Consultant refuse or fail to comply with its obligations, or in the event theConsultant shall violate any of the provisions of this Agreement, or the quality or quantity of thework performed is in the opinion of the City, below standard and therefore unsatisfactory, the Cityshall have the right to cancel this Agreement upon five (5) days written notice to the Consultant.The City also has the right to terminate this Agreement for convenience upon written notice to theConsultant.

ln the event of termination, the Consultant shall be entitled to payment for all servicessatisfactorily performed to the date of termination. The Consultant shall not be relieved of liabilityto the City for damages sustained by the City by virtue of any breach of the Agreement by theConsultant.

13. GOVERNING LAW

This Agreement is governed by the laws of the State of Tennessee

APPROVED AS TO FORM AND LEGALITY CITY OF OAK RIDGE, TENNESSEE

City Attorney City Manager

NAME OF CONSULTANT

Signature

Printed Name and Title

Tax lD Number

Attachment: Proposal dated

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