Legal 023
(5/95; 12/09; 5/11; 03/14; 1/16; 5/20; 3/21/ 7/24) 6
(6) The Architect acknowledges that, pursuant to the Contract Documents, if
it fails to execute any Certificate for Payment within seven (7) days after receipt of such
Application, and such failure is not due to an act or omission which is the fault of the
Contractor, the Contractor may, upon written notice to the Owner and the Architect, stop
work until it receives payment of the amount due.
d. The Architect and the Owner recognize the interest of the Authority as the
proposed lender under the provisions of Act No. 346 of the Public Acts of 1966, as amended. Any action,
inaction, or determination by either the Architect or the Owner in connection with the progress of the work
or changes in the Development which the Authority determines may affect its interest as the proposed lender
is subject to acceptance or rejection by the Authority. The Architect agrees to act and serve in a professional
capacity without bias or partiality. No portion of the Architect's work or responsibility may be delegated
to anyone not acceptable to the Owner and the Authority.
e. The Owner agrees to pay, in addition to the payment provided in accordance with
the provisions of Section 9 hereof, the cost of any supplementary services required by reason of construction
changes agreed to by both parties and approved by the Authority. It is understood that, under the terms of
this Agreement, the Architect will review and act in an advisory capacity in connection with each
construction change submitted by the Owner, and will give its written opinion as to the acceptability and
effect of each change. In the event of changes in the design or construction necessitated by emergency
conditions affecting health or safety, the Architect may proceed directly to design and authorize such
changes without prior approval of the Owner or the Authority, The Architect shall be compensated for such
work at a rate agreed upon by the Owner and Architect for such services.
f. The Architect will furnish copies of proposed change orders to the Owner and the
Authority for approval prior to their taking effect. Field orders and clarifications will be forwarded to the
Authority immediately upon execution.
g. Upon completion of construction, the Architect will certify to the Owner and the
Authority that, to the best of its knowledge, information, and belief, and on the basis of its observations and
reviews conducted in a reasonable and diligent manner and consistent with current architectural standards
of practice, the Development has been constructed or rehabilitated in accordance with the terms and
conditions of the Architectural Documents, is in good and tenantable condition, there are no defects or
deficiencies, and the Development has been constructed or rehabilitated in accordance with applicable
zoning, building, housing and other codes, ordinances or regulations including, specifically, the Uniform
Physical Condition Standards described in 24 CFR 5.703, the property standards set forth in 24 CFR 92.251
including policies developed by the Authority and/or HUD thereunder and the lead-based paint
requirements of 24 CFR Part 35 if the Development received any funding under the HOME Program.
h. The Architect shall at all times have access to all work wherever it is in preparation
or progress.
8. Guaranty Period.
a. The Architect agrees that it and its agents and subcontractors will conduct an
observation and review of the Development in a reasonable and diligent manner, at or about the ninth month
after the date of substantial completion as established by the Authority on Authority Form PSD 12:002 (the
"Substantial Completion Date"), for purposes of discovering defective materials incorporated into the
Development or deficiencies in the work performed in contravention of the Contract Documents. The
Architect shall notify the Owner and the Authority of all such observed defects or deficiencies not less than
ten (10) months after the Substantial Completion Date.