2023 09 19 City Council Packet

Unverified text extraction. Check the original page for numbers, names, and layout.

AGREEMENT BETWEEN OWNER AND ENGINEER 
FOR PROFESSIONAL SERVICES 
THIS AGREEMENT is effective as of  January 3, 20 23 (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 Ath ens N. Jackson Rd Repair   (Project) located at N. Jackson Street  (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. Furnish 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.
84