2022 04 19 City Council

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Owner-Engineer Agreement  OE 125T v. SP 04.01.22 Page 1 of 8 
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AGREEMENT BETWEEN OWNER AND ENGINEER 
FOR PROFESSIONAL SERVICES 
THIS AGREEMENT is effective as of  March 25, 20 22 (Effective Date) between City of Athens  
(OWNER) and GRESHAM SMITH (ENGINEER).  OWNER’s Project (OWNER may or may not be the 
property owner), of which ENGINEER’s services under this Agreement are a part, is generally identified 
as follows:  City of Athens Resurfacing Roadway (Project) located at various locations in Athens, 
Tennessee (Site).  ENGINEER’s services for this Project are described as follows:  See attached Exhibit A 
– Scope of Work.    OWNER and ENGINEER further agree as follows:  
ARTICLE 1 – ENGINEER’S SERVICES  
ENGINEER shall provide the Basic and Additional 
Services set forth herein and in Exhibit A .  Upon this 
Agreement becoming effective, ENGINEER is authorized 
to begin Basic Services as set forth in Exhibit A. 
ARTICLE 2 – OWNER’S RESPONSIBILITIES 
2.01 Owner shall: 
A. Provide ENGINEER with OWNER’s requirements, 
criteria and information for the Project; furnish copies of all 
design and construction standards which OWNER will 
require to be included in the drawings and specifications; 
and furnish copies of OWNER’s standard forms, 
conditions, and related documents for ENGINEER to 
include in the Bidding Documents, when applicable; and 
furnish any other available information pertinent to the 
Project including reports and data relative to previous 
designs or investigation at or adjacent to the site.. 
B. F urnish or otherwise make available such additional 
Project related information and data as is reasonably 
required to enable ENGINEER to complete its Basic and 
Additional Services.  Depending on the scope of the Project, 
such additional information or data may or may not 
generally include the following:  (1) property descriptions; 
(2) z oning, deed, and other land use restrictions ; ( 3) 
property, boundary, easement, right -of-way, and other 
special surveys or data, including establishing relevant 
reference points; (4) e xplorations and tests of subsurface 
conditions at or contiguous to the Site, drawings of physical 
conditions in or relating to existing surface or subsurface 
structures at or contiguous to the Site, or hydrographic 
surveys, with appropriate profes sional interpretation 
thereof; (5) environmental assessments, audits, 
investigations and impact statements, and other relevant 
environmental or cultural studies as to the Project, the Site, 
and adjacent areas; (6) data or consultations as required for 
the Project but not otherwise identified in the Agreement or 
the Exhibits thereto; (7) any surveys will be provided in 
hard copy in addition to digital format. 
C. Give prompt written notice to ENGINEER 
whenever OWNER observes or otherwise becomes aware 
of any Constituent of Concern or of any other development 
that affects the scope or time of performance of 
ENGINEER’s services, or any defect or nonconformance in 
ENGINEER’s services or in the work of any Contractor. 
D. Authorize ENGINEER to provide Additional 
Services as set forth in Exhibit A  of the Agreement as 
required. 
E. Arrange for safe access to and make all provisions 
for ENGINEER to enter upon public and private property 
as required for ENGINEER to perform services under the 
Agreement. 
F. Examine all alternate solutions, studies, reports, 
sketches, drawings, s pecifications, proposals, and other 
documents presented by ENGINEER and render in writing 
timely decisions pertaining thereto. 
G. To the extent not provided by OWNER , p rovide 
reviews, approvals, and permits from all governmental 
authorities having jurisdiction to approve all phases of the 
Project designed or specified by ENGINEER  and such 
reviews, approvals, and consents from others as may be 
necessary for completion of each phase of the Project. 
H. Provide all legal, insurance and accounting 
services, including auditing services, which  may be 
reasonably necessary at any time for the Project to meet 
the OWNER’s needs and interests.  
I. Advise ENGINEER of the identity and scope of 
services of independent consultants employed by OWNER 
and coordinate the services of such consultants with those 
services provided by ENGINEER. 
J. Furnish to ENGINEER data as to OWNER’s 
anticipated costs for services to be provided by others for 
OWNER so that ENGINEER may assist OWNER  in 
collating the various cost categories which comprise Total 
Project Costs. 
K. If OWNER designates a construction manager or an 
individual or entity other than, or in addition to, 
ENGINEER to represent OWNER at the Site, define and 
set forth the duties, responsibilities, and limitations of 
authority of such other party and the relation thereof to the 
duties, responsibilities, and authority of ENGINEER. 
L. If more than one prime contract is to be awarded for 
the Work designed or specified by ENGINEER, designate 
a person or entity to have authority and responsibility for 
coordinating the activities among the various prime 
Contractors, and define and set forth the duties, 
responsibilities, and limitations of authority of such 
individual or entity and the relation thereof to the duties, 
responsibilities, and authority of ENGINEER as an Exhibit 
hereto that is to be mutually agreed upon and made a part of 
this Agreement before such services begin. 
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