OWNER-ARCHITECT AGREEMENT FOR

DESIGN AND ADMINISTRATION SERVICES

MICHIGAN STATE HOUSING DEVELOPMENT AUTHORITY
735 East Michigan Avn!" Lansing" Michigan #$%&'
THIS AGREEMENT made on by and between

(the "Owner"), whose address is
and
(the "Architect"), a Michian , whose address is
!
R E C I T A L S:
A! The Owner intends to "nderta#e and com$%ete the desin and constr"ction or rehabi%itation
o& a ho"sin de'e%o$ment identi&ied as ,
MSH(A (e'e%o$ment No! , inc%"din a%% the "s"a%, a$$ro$riate and necessary im$ro'ements
re%ated thereto (the "(e'e%o$ment")!
)! The Owner intends to obtain &inancin &or the constr"ction or rehabi%itation o& the
(e'e%o$ment &rom the Michian State Ho"sin (e'e%o$ment A"thority (the "A"thority") and has a$$%ied
to the A"thority &or a mortae %oan (the "Mortae *oan") to &inance the constr"ction or rehabi%itation!
+! I& the A"thority a$$ro'es and ma#es the Mortae *oan the Owner may assin its interest
in this Areement to
*imited (i'idend Ho"sin Association *imited ,artnershi$, a Michian %imited $artnershi$, which sha%%
own and constr"ct the (e'e%o$ment and sha%% ass"me a%% rihts and res$onsibi%ities o& the Owner "nder this
areement and sha%% be re&erred to herein as the Owner!
(! The Architect is a d"%y -"a%i&ied and %icensed architect or architect"ra% &irm $ossessin the
necessary $ersonne%, s#i%%s, e.$erience and reso"rces to "nderta#e the desin o& the (e'e%o$ment, to
re'iew, re$ort on and administer the constr"ction thereo&, and to $er&orm a%% other ser'ices and other
ob%iations set &orth herein!
E! The Owner desires to retain the Architect/ and the Architect desires to $er&orm the ser'ices
set &orth in this Areement!
NO0, THERE1ORE, the Owner and the Architect aree as &o%%ows2
3! General Nature of Servie!" The Architect sha%% $er&orm or ca"se to be $er&ormed a%%
architect"ra% and re%ated $rorammin, desinin, dra&tin, re'iew, e'a%"ation, administration and other
ser'ices necessary to com$%ete the desin o& and administer the constr"ction contract &or the (e'e%o$ment
as described in this Areement, and s"ch other ser'ices as are "s"a% and c"stomary in a ho"sin
de'e%o$ment o& the nat"re o& that contem$%ated here"nder (the 4Architect"ra% Ser'ices5)! A%% ser'ices and
*ea% 678 (9:;9,<:;</ <:;;/ ;:63/ =:67/ >:6</ ;:6?/ 37:6;/ 9:33) 3
s"bmissions o& the Architect sha%% con&orm to the standards and $roced"res contained in the A"thority@s
"MSH(A Standards o& (esin," and any other standards and $roced"res as may be in e&&ect on the date o&
this Areement and s"bse-"ent amendments or s"$$%ements thereo&! I& the (e'e%o$ment is to recei'e
&edera% assistance, Section 96> o& the Rehabi%itation Act o& 3;?8 a$$%ies, and a%% ser'ice and s"bmissions
o& the Architect sha%% a%so com$%y with the Minim"m G"ide%ines and Re-"irements &or Accessib%e (esin
as contained in 8< +1R ,art 33;6, et seq, or any s"bse-"ent re$%acement re"%ations, as we%% as the HA(
Minim"m ,ro$erty Standards, and Man"a% o& Acce$tab%e ,ractices!
This Areement may be amended to inc%"de s"bse-"ent amendments or s"$$%ements to the
a&orementioned standards and $roced"res $ro'idin the Architect is com$ensated &or e.tra wor# o& a
s"bstantia% nat"re at a rate areed "$on by the Owner and the Architect &or s"ch ser'ices!
7! De!i#n Servie!" The Architect re$resents hereby that it is &ami%iar with a%% $rocessin
re-"irements o& the A"thority as set &orth in the $"b%ications desinated in Section 3! S"bBect to the
&o%%owin $arara$h, the Architect arees to $er&orm a%% ser'ices as re-"ired in s"ch $"b%ications at the
times and as re-"ired therein! I& (a) a con&%ict arises between any $ro'isions o& this Areement and s"ch
$"b%ications or other re-"irements and (b) the A"thority i'es the notice o& the con&%ict to the Architect,
then the $ro'isions o& this Areement sha%% contro%!
The Architect re$resents that it, or its aents and s"bcontractors wi%% $ro'ide a%% desin and
enineerin ser'ices described herein and as necessary to the constr"ction o& the (e'e%o$ment (the 4(esin
Ser'ices5) EC+E,T the &o%%owin2
Site Enineerin, to be $ro'ided by2
Mechanica% enineerin, to be $ro'ided by2
E%ectrica% enineerin, to be $ro'ided by2
*andsca$e desin, to be $ro'ided by2
Other (s$eci&y)

NO EC+E,TIONS2 !
In the e'ent that the Architect or its aents and s"bcontractors are not $ro'idin any o& the (esin
Ser'ices desinated abo'e, the Owner re$resents that s"ch ser'ices wi%% be $ro'ided by a $ro&essiona%
&irm, %icensed to $ro'ide the ser'ice s$eci&ied and the Architect certi&ies that any ser'ices $ro'ided wi%% be
incor$orated into the Architect"ra% (oc"ments (as de&ined be%ow)! The Architect &"rther re$resents that it
wi%% re'iew a%% Architect"ra% (oc"ments and that a%% s"ch Architect"ra% (oc"ments wi%% com$%y with
a$$%icab%e Donin %aws, b"i%din, ho"sin and other codes, ordinances and re"%ations, the MSH(A
Standards o& (esin, and a$$%icab%e &edera% re-"irements (i& any), and that it wi%% e.amine the Architect"ra%
(oc"ments $re$ared by other $arties to 'eri&y that the (e'e%o$ment can be constr"cted in accordance with
the Architect"ra% (oc"ments!
*ea% 678 (9:;9,<:;</ <:;;/ ;:63/ =:67/ >:6</ ;:6?/ 37:6;/ 9:33) 7
8! S$e%ule"
a! The Architect arees to meet with an A"thoriDed O&&icer o& the A"thority and the
Owner to estab%ish a de'e%o$ment desin $roress sched"%e! A%% $arties sha%% ta#e reasonab%e e&&orts to
adhere to this sched"%e!
b! The Architect sha%% cons"%t with the Owner and the A"thority $eriodica%%y in order
to ascertain the re-"irements &or $rocessin o& the (e'e%o$ment $ro$osa%, &or the constr"ction b"det &or
the (e'e%o$ment (the 4+onstr"ction )"det5) and &or the desin o& the (e'e%o$ment, and sha%% con&irm
s"ch re-"irements with the Owner!
c! The Architect sha%% s"bmit a%% a$$%icab%e co%or and materia% sam$%es to the Owner
and the A"thority &or a$$ro'a% at or be&ore the Owner@s second draw &or constr"ction costs!
d! The Architect sha%% $re$are and s"bmit to the a$$ro$riate o'ernmenta%
a"thorities a%% doc"ments re-"ired by a$$%icab%e %aws, ordinances and re"%ations &or which %oca%
o'ernmenta% a$$ro'a% is necessary!
>! Ar$itetural Dou&ent!
a! The Architect sha%% $re$are, &or a$$ro'a% by the Owner and the A"thority,
architect"ra% doc"ments (the "Architect"ra% (oc"ments") consistin o& drawins and s$eci&ications settin
&orth in detai% the re-"irements &or the constr"ction or rehabi%itation o& the entire (e'e%o$ment!
b! The Architect sha%% re'iew the $ro$osed Architect"ra% (oc"ments with the enera%
contractor se%ected by the Owner (the "+ontractor") in order to 'eri&y that the desin is within the a$$ro'ed
+onstr"ction )"det! The Architect sha%% $ro'ide the Owner with a written statement to the e&&ect that the
Architect has re'iewed the $ro$osed Architect"ra% (oc"ments, "sin reasonab%e care and di%ience, and
that to the best o& its #now%ede, in&ormation and be%ie&, the cost o& com$%etin the constr"ction or
rehabi%itation o& the (e'e%o$ment in accordance with the Architect"ra% (oc"ments is within the a$$ro'ed
+onstr"ction )"det!
c! I& re'isions are re-"ired to the Architect"ra% (oc"ments between the date that the
Architect"ra% (oc"ments recei'e &ina% a$$ro'a% by the A"thority and the initia% disb"rsement o& &"nds by
the A"thority (4Initia% +%osin5) d"e to chanes re-"ired by %oca% o'ernmenta% a"thorities or, beca"se o&
constr"ction cost increases, to stay within the a$$ro'ed +onstr"ction )"det, the Architect sha%% $er&orm
a%% s"ch re'isions at its so%e cost and e.$ense! I&, howe'er, a s"bstantia% %a$se o& time has occ"rred
between the date o& &ina% a$$ro'a% and Initia% +%osin, the Architect sha%% be additiona%%y com$ensated &or
any s"bstantia% re'isions re-"ired to accommodate s"bse-"ent increases in the Trade ,ayment )rea#down,
at a rate areed "$on by the Owner and the Architect! A%% s"ch re'isions m"st be a$$ro'ed by the
A"thority!
d! The Architect sha%% assist the Owner in s"bmittin and re'isin any Architect"ra%
(oc"ments re-"ired &or the a$$ro'a% o& o'ernmenta% a"thorities ha'in B"risdiction o'er the (e'e%o$ment!
The Architect sha%% be com$ensated &or this ser'ice on%y i& additiona% com$ensation is bein $aid &or
s"bstantia% re'isions as $ro'ided in Section >!c! abo'e!
9! Contrat Ne#otiation" I& re-"ested by the Owner, the Architect sha%% assist the Owner in
neotiatin a $ro$osa% &rom the +ontractor and $re$arin a contract &or the constr"ction or rehabi%itation o&
the (e'e%o$ment (the 4+ontract5)!
*ea% 678 (9:;9,<:;</ <:;;/ ;:63/ =:67/ >:6</ ;:6?/ 37:6;/ 9:33) 8
<! Di!tri'ution of Ar$itetural Dou&ent!" The Architect sha%%, a&ter &ina% $re$aration o&
the Architect"ra% (oc"ments, $rint and sea% si. (<) sets o& Architect"ra% (oc"ments &or sinat"re! A$on
re-"est or at the Initia% +%osin, whiche'er is ear%ier, two (7) sets o& sined, &ina% Architect"ra% (oc"ments
sha%% be de%i'ered to the A"thority, one set sha%% be de%i'ered to the Owner and one set sha%% be de%i'ered to
the +ontractor! The Architect sha%% $re$are and de%i'er to the +ontractor s"ch additiona% sets o&
Architect"ra% (oc"ments as the +ontractor sha%% re-"ire, at the +ontractor@s e.$ense!
?! A%&ini!tration of t$e Contrat( A%&ini!tration Servie!"
a! The Architect arees to $ro'ide a%% architect"ra%, enineerin and cons"%tin
ser'ices necessary to e'a%"ate the constr"ction or rehabi%itation o& the (e'e%o$ment (the 4Administration
Ser'ices5) e.ce$t that2
(3) e'a%"ation o& &ie%d enineerin ser'ices sha%% be "nderta#en and $aid &or
by the +ontractor,
(7) e'a%"ation o& soi% testin ser'ices sha%% be "nderta#en and $aid &or by the
Owner, and
(8) e'a%"ation o& the desin and enineerin ser'ices that, as identi&ied in
Section 7, are not bein $ro'ided by the Architect, its aents or s"bcontractors, sha%% be
$ro'ided by the &o%%owin $arties2



The Architect sha%% $er&orm a%% e'a%"ation and other ser'ices indicated to be $er&ormed by the Architect in
the Genera% +onditions o& the +onstr"ction +ontract (*ea% 1orm 63?) to be e.ec"ted in connection with
the (e'e%o$ment (the "Genera% +onditions"), as s"$$%emented by this Areement! The Genera% +onditions
are incor$orated into this Areement as i& set &orth in &"%% herein!
b! The Architect@s res$onsibi%ity to $ro'ide Administration Ser'ices wi%% commence
with Initia% +%osin o& the Mortae *oan and wi%% terminate <6 days a&ter the +ontractor has com$%eted its
ob%iations &or the +ontractorEs G"aranty ,eriod (the 4G"aranty ,eriod5) estab%ished by the doc"ments
re%atin to the constr"ction o& the (e'e%o$ment, as de&ined in Section 363 o& the +ontract (the 4+ontract
(oc"ments5), "n%ess e.tended $"rs"ant to the terms o& this Areement! The Architect sha%% reasonab%y
ad'ise and cons"%t with the Owner (3) d"rin constr"ction "nti% &ina% $ayment is made to the Architect and
+ontractor and (7) &or Additiona% Ser'ices at the Owner@s direction &rom time to time $er Section ;d!
c! The Administration Ser'ices to be $ro'ided by the Architect sha%% inc%"de the
&o%%owin (b"t are not %imited to)2
(3) The Architect, actin on beha%& o& the Owner, sha%% 'isit the (e'e%o$ment
site wee#%y to monitor and e'a%"ate the $roress and -"a%ity o& the wor# com$%eted and to
determine i& the (e'e%o$ment is bein constr"cted or rehabi%itated and the wor# is bein
$er&ormed in accordance with the +ontract (oc"ments, "n%ess the Owner and A"thority
aree that the s%ow $roress o& the wor# B"sti&ies some other sched"%e! On the basis o& onF
site obser'ations, the Architect sha%% #ee$ the Owner in&ormed o& the $roress and -"a%ity
o& the wor# and sha%% endea'or to "ard the Owner aainst de&ects and de&iciencies in the
wor#! The Architect sha%% "se reasonab%e care and di%ience and e.ercise its best e&&orts
to disco'er any breach o& the +ontract (oc"ments! A&ter becomin aware o& any breach
*ea% 678 (9:;9,<:;</ <:;;/ ;:63/ =:67/ >:6</ ;:6?/ 37:6;/ 9:33) >
the Architect sha%% immediate%y noti&y the Owner and the A"thority o& s"ch breach! In
addition, the Architect sha%% ma#e s"ch other obser'ations and re'iews and sha%% $er&orm
s"ch ser'ices as may be necessary and incidenta% to the re-"irements o& the Architect"ra%
(oc"ments and the other +ontract (oc"ments! The $er&ormance o& the constr"ction
obser'ation and re'iew by the Architect sha%% not im$ose "$on the Architect any
res$onsibi%ity &or the constr"ction means, method, se-"ences or $roced"res or &or the
sa&ety $reca"tions or $rorams em$%oyed by the +ontractor in connection with the
(e'e%o$ment or &or the +ontractorEs &ai%"re to com$%y with the +ontract (oc"ments! The
Architect sha%% not be res$onsib%e &or the +ontractor@s sched"%es or &ai%"re to carry o"t the
wor# in accordance with the +ontract, nor sha%% the Architect ha'e contro% o'er or chare
o& acts or omissions o& the +ontractor, s"bcontractors, or their aents or em$%oyees, or o&
any other $erson $er&ormin $ortions o& the wor#!
(7) The Architect wi%% be, in the &irst instance, the inter$reter o& the +ontract
(oc"ments and the B"de o& the $er&ormance there"nder by both the Owner and
+ontractor! In the e'ent o& a disareement between the Architect and the A"thority as to
inter$retation o& the +onstr"ction (oc"ments or as to $er&ormance o& the Owner and
+ontractor there"nder, then the inter$retation o& the A"thority sha%% contro%! The
Architect wi%% render $rom$t%y s"ch inter$retations as may be necessary &or the $ro$er
e.ec"tion or $roress o& the wor#!
(8) The Architect@s d"ties as +ontract Administrator inc%"de the re'iew o& the
+ontractorEs A$$%ications &or ,ayment and e.ec"tion o& +erti&icates &or ,ayment to the
Owner, obser'ation and re'iew o& the wor#, and the $re$aration o& chanes to
Architect"ra% (oc"ments! The Architect wi%% a%so iss"e written o$inions in connection
with chane orders occ"rrin d"rin constr"ction in accordance with the $ro'isions o& the
Genera% +onditions and the other +ontract (oc"ments, as may be re-"ired in the
com$%etion o& the (e'e%o$ment to the satis&action o& the A"thority!
(>) The Architect wi%% re'iew Sho$ (rawins and Sam$%es as $ro'ided in
Sections >!=!3 thro"h >!=!= o& the Genera% +onditions! The Architect wi%% $re$are
+hane Orders in accordance with Artic%e CII o& the Genera% +onditions, and wi%% ha'e
a"thority to order minor chanes in the wor# as $ro'ided in Section 37!8!3 o& the Genera%
+onditions! The Architect@s ser'ices sha%% a%so inc%"de reasonab%e re'isions to the
Architect"ra% (oc"ments necessary to incor$orate a$$ro'ed +hane Orders and re'iew o&
&ina% insta%%ation!
(9) In accordance with Artic%e IC o& the Genera% +onditions, i& the
+ontractor has made an A$$%ication &or ,ayment as $ro'ided in the +ontract, the
Architect wi%%, with reasonab%e $rom$tness b"t not more than se'en (?) days a&ter the
recei$t o& the A$$%ication, e.ec"te a +erti&icate &or ,ayment to the Owner, with co$ies to
the +ontractor and A"thority, &or s"ch amo"nt as it determines to be $ro$er%y d"e, or state
in writin its reasons &or withho%din a +erti&icate as $ro'ided in Section ;!7!3 o& the
Genera% +onditions! S"ch +erti&icate sha%% be in the &orm contained in MSH(A 1orm No!
+( 7<6, or s"ch other &orm as may be $rescribed or a$$ro'ed by the A"thority and sha%%
be based on $ersona% obser'ation and re'iew o& the wor# by the Architect or its a"thoriDed
aent! The name o& the aent sha%% be indicated i& the obser'ation and re'iew is not made
by the Architect!
(<) The Architect ac#now%edes that, $"rs"ant to the +ontract (oc"ments , i&
it &ai%s to e.ec"te any +erti&icate &or ,ayment within se'en (?) days a&ter recei$t o& s"ch
*ea% 678 (9:;9,<:;</ <:;;/ ;:63/ =:67/ >:6</ ;:6?/ 37:6;/ 9:33) 9
A$$%ication, and s"ch &ai%"re is not d"e to an act or omission which is the &a"%t o& the
+ontractor, the +ontractor may, "$on written notice to the Owner and the Architect, sto$
wor# "nti% it recei'es $ayment o& the amo"nt d"e!
d! The Architect and the Owner reconiDe the interest o& the A"thority as the
$ro$osed %ender "nder the $ro'isions o& Act No! 8>< o& the ,"b%ic Acts o& 3;<<, as amended! Any action,
inaction, or determination by either the Architect or the Owner in connection with the $roress o& the wor#
or chanes in the (e'e%o$ment which the A"thority determines may a&&ect its interest as the $ro$osed
%ender is s"bBect to acce$tance or reBection by the A"thority! The Architect arees to act and ser'e in a
$ro&essiona% ca$acity witho"t bias or $artia%ity! No $ortion o& the Architect@s wor# or res$onsibi%ity may
be de%eated to anyone not acce$tab%e to the Owner and the A"thority!
e! The Owner arees to $ay, in addition to the $ayment $ro'ided in accordance with
the $ro'isions o& Section ; hereo&, the cost o& any s"$$%ementary ser'ices re-"ired by reason o&
constr"ction chanes areed to by both $arties and a$$ro'ed by the A"thority! It is "nderstood that, "nder
the terms o& this Areement, the Architect wi%% re'iew and act in an ad'isory ca$acity in connection with
each constr"ction chane s"bmitted by the Owner, and wi%% i'e its written o$inion as to the acce$tabi%ity
and e&&ect o& each chane! In the e'ent o& chanes in the desin or constr"ction necessitated by emerency
conditions a&&ectin hea%th or sa&ety, the Architect may $roceed direct%y to desin and a"thoriDe s"ch
chanes witho"t $rior a$$ro'a% o& the Owner or the A"thority, The Architect sha%% be com$ensated &or s"ch
wor# at a rate areed "$on by the Owner and Architect &or s"ch ser'ices!
&! The Architect wi%% &"rnish co$ies o& $ro$osed chane orders to the Owner and the
A"thority &or a$$ro'a% $rior to their ta#in e&&ect! 1ie%d orders and c%ari&ications wi%% be &orwarded to the
A"thority immediate%y "$on e.ec"tion!
! A$on com$%etion o& constr"ction, the Architect wi%% certi&y to the Owner and the
A"thority that, to the best o& its #now%ede, in&ormation, and be%ie&, and on the basis o& its obser'ations and
re'iews cond"cted in a reasonab%e and di%ient manner and consistent with c"rrent architect"ra% standards
o& $ractice, the (e'e%o$ment has been constr"cted or rehabi%itated in accordance with the terms and
conditions o& the Architect"ra% (oc"ments, is in ood and tenantab%e condition, there are no de&ects or
de&iciencies, and the (e'e%o$ment has been constr"cted or rehabi%itated in accordance with a$$%icab%e
Donin, b"i%din, ho"sin and other codes, ordinances or re"%ations!
h! The Architect sha%% at a%% times ha'e access to a%% wor# where'er it is in
$re$aration or $roress!
=! Guarant) *erio%"
a! The Architect arees that it and its aents and s"bcontractors wi%% cond"ct an
obser'ation and re'iew o& the (e'e%o$ment in a reasonab%e and di%ient manner, at or abo"t the ninth
month a&ter the date o& s"bstantia% com$%etion as estab%ished by the A"thority on A"thority 1orm ,S(
372667 (the "S"bstantia% +om$%etion (ate"), &or $"r$oses o& disco'erin de&ecti'e materia%s incor$orated
into the (e'e%o$ment or de&iciencies in the wor# $er&ormed in contra'ention o& the +ontract (oc"ments!
The Architect sha%% noti&y the Owner and the A"thority o& a%% s"ch obser'ed de&ects or de&iciencies not %ess
than ten (36) months a&ter the S"bstantia% +om$%etion (ate!
*ea% 678 (9:;9,<:;</ <:;;/ ;:63/ =:67/ >:6</ ;:6?/ 37:6;/ 9:33) <
b! In addition to the obser'ation and re'iew re-"ired "nder Section =a! hereo&, the
Architect and its aents and s"bcontractors sha%% cond"ct an obser'ation and re'iew o& the (e'e%o$ment &or
any obser'ed de&ects or de&iciencies in the &o%%owin areas, at the s$eci&ied times2
(3) The heatin system d"rin No'ember, (ecember, or Gan"ary o& the &irst
winter &o%%owin the S"bstantia% +om$%etion (ate/
(7) The coo%in system d"rin G"%y or A""st o& the &irst s"mmer &o%%owin
the S"bstantia% +om$%etion (ate/ and
(8) A%% %andsca$in d"rin the &irst &"%% rowin season a&ter the S"bstantia%
+om$%etion (ate!
Howe'er, i& as identi&ied in Section 7, the Architect is not $ro'idin the desin ser'ices &or heatin, coo%in
or %andsca$in, then the $arty with whom the Owner has contracted &or the desin o& s"ch e%ement sha%%
cond"ct the re'iew described abo'e! The Architect sha%% immediate%y noti&y the Owner and the A"thority
o& any obser'ed de&ects or de&iciencies!
;! *a)&ent"
a! )asic Ser'ices! The Architect sha%% recei'e the tota% contract &ee o&

(o%%ars (H ) (the ")asic 1ee") as com$ensation
&or renderin the Architect"ra% Ser'ices described in this Areement! H (=6I o& the
)asic 1ee) wi%% be com$ensation &or (esin Ser'ices and H (76I o& the )asic 1ee) wi%%
be com$ensation &or Administration Ser'ices!
The Architect@s com$ensation &or the (esin Ser'ices s$eci&ied in Sections 7F< sha%% be $aid in
accordance with the &o%%owin (se%ect the a$$%icab%e $ayment $rocess)2
,ayment &or the (esin Ser'ices sha%% be d"e and $ayab%e "$on the Initia% +%osin
o& the Mortae *oan! The Architect wi%% $ro'ide $eriodic in'oices d"rin the $reFconstr"ction desin
$eriod/ howe'er, s"ch in'oices wi%% not be d"e and $ayab%e "nti% the Initia% +%osin o& the Mortae *oan!
,ayment &or the (esin Ser'ices sha%% be $aid in accordance with the sched"%e
areed "$on by the Owner and Architect attached hereto as E.hibit A!
The Architect@ s com$ensation &or Administration Ser'ices d"rin the co"rse o& the constr"ction or
rehabi%itation o& the (e'e%o$ment and d"rin the G"aranty ,eriod s$eci&ied in sections ? and = sha%% be
$aid d"rin the co"rse o& constr"ction in amo"nts $ro$ortionate to the $ortion o& the Tota% +ontract S"m
(as de&ined in the +ontract) $aid to the +ontractor by the Owner $"rs"ant to the +ontract!
b! A"thority Mortae *oan ! I& the A"thority sha%% ma#e the Mortae *oan, then,
at Initia% +%osin, it sha%% disb"rse &rom Mortae *oan $roceeds an amo"nt not e.ceedin =6I o& the
amo"nt s$eci&ied &or architect"ra% &ees in the A"thorityEs commitment &or the Mortae *oan, &or $ayment
o& (esin Ser'ices! The A"thority wi%% disb"rse &rom Mortae *oan $roceeds an amo"nt not e.ceedin
76I o& the amo"nt s$eci&ied &or architect"ra% &ees in the A"thorityEs commitment &or the Mortae *oan,
&or $ayment o& Administration Ser'ices as $ro'ided in s"b$arara$h ;!a abo'e!
c! Owner@s Res$onsibi%ity! Notwithstandin Section ;!b! abo'e, Owner arees that it
*ea% 678 (9:;9,<:;</ <:;;/ ;:63/ =:67/ >:6</ ;:6?/ 37:6;/ 9:33) ?
sha%% be !olel) %iab%e &or com$ensatin the Architect "nder this Areement! )oth Owner and Architect
aree that the A"thority sha%% ha'e no ob%iation to (a) com$ensate the Architect or (b) to ma#e the
Mortae *oan and disb"rse Mortae *oan $roceeds e.ce$t $"rs"ant to the terms and conditions to be set
&orth in the mortae %oan commitment and the doc"ments to be e.ec"ted in connection with the Mortae
*oan!
d! Additiona% Ser'ices! The &o%%owin ser'ices are not inc%"ded within the Architect@s
)asic 1ee2
(3) $ro'idin &inancia% &easibi%ity or other s$ecia% st"dies/
(7) $ro'idin $%annin s"r'eys, site e'a%"ations, or com$arati'e st"dies o&
$ros$ecti'e sites not contem$%ated in this areement/
(8) $ro'idin detai%ed estimates o& constr"ction costs/
(>) $ro'idin cons"%tation concernin re$%acement o& any wor# damaed by &ire
or other ca"se d"rin constr"ction, and &"rnishin $ro&essiona% ser'ices o& the ty$e set &orth in
Section ? hereo& as may be re-"ired in connection with the re$%acement o& s"ch wor#/
(9) $ro'idin $ro&essiona% ser'ices made necessary by the de&a"%t o& the
+ontractor in the $er&ormance o& the +ontract/
(<) $ro'idin contract administration and obser'ation o& constr"ction i&, thro"h
no &a"%t o& the Architect, the time re-"ired to com$%ete constr"ction or rehabi%itation o& the
(e'e%o$ment e.ceeds the constr"ction $eriod estab%ished in the +ontract by more than twenty
$ercent (76I)/
(?) &"rnishin the Owner a set o& re$rod"cib%e $rints or drawins corrected to
show sini&icant chanes made d"rin the constr"ction $rocess, based on mar#ed "$ $rints,
drawins and other data &"rnished by the +ontractor to the Architect/
(=) $ro'idin ser'ices a&ter 1ina% ,ayment to the +ontractor e.ce$t &or ser'ices to
be $ro'ided d"rin the G"aranty ,eriod here"nder/
(;) $ro'idin ser'ices as an e.$ert witness in connection with any $"b%ic hearin,
arbitration $roceedins, or the $roceedins o& a co"rt o& record/ or
(36) $ro'idin ser'ices &or $%annin occ"$ant or renta% s$aces!
(33) $ro'idin ser'ices re-"ired in connection with the se%ection o& &"rnit"re and
&"rnishins!
(37) $ro'idin desin and enineerin ser'ices in connection with the e.tension
and:or re%ocation o& $"b%ic "ti%ities (e.c%"din c"stomary connections to ser'e the (e'e%o$ment)!
I& the Owner re-"ests any o& the abo'e ser'ices &rom the Architect, it sha%% be com$ensated at the rate
areed "$on by the Owner and Architect! The Architect sha%% a%so be com$ensated &or s"bstantia% chanes
re-"ired in the Architect"ra% (oc"ments &or reasons other than errors or omissions by the Architect, at a
rate areed "$on by the Owner and Architect &or s"ch ser'ices! Mortae *oan $roceeds may not be "sed
to $ay &or any o& the additiona% ser'ices %isted abo'e witho"t the written a$$ro'a% o& the A"thority!
*ea% 678 (9:;9,<:;</ <:;;/ ;:63/ =:67/ >:6</ ;:6?/ 37:6;/ 9:33) =
e! Reimb"rsab%e E.$enses
(3) The Owner sha%% reimb"rse the Architect &or "n"s"a% e.$endit"res made by
the Architect in connection with the (e'e%o$ment to the e.tent the Owner has a"thoriDed s"ch
e.$endit"res in ad'ance!
(7) Trans$ortation and tra'e% e.$enses, te%e$hone, $ostae, and the costs o&
re$rod"ction and hand%in o& the Architect"ra% (oc"ments are inc%"ded within the Architect@s )asic
1ee and sha%% not be reimb"rsab%e e.$enses!
36! O+ner,! Re!-on!i'ilit)" The Owner sha%%2
a! ,ro'ide &"%% in&ormation to the Architect reardin its re-"irements &or the
(e'e%o$ment within a time &rame that is ade-"ate to meet the desin $roress sched"%e!
b! (esinate a re$resentati'e a"thoriDed to act in its beha%& with res$ect to the
(e'e%o$ment! The Owner or its re$resentati'e sha%% e.amine doc"ments s"bmitted by the Architect and
sha%% render decision $ertainin thereto $rom$t%y, to a'oid "nreasonab%e de%ay in the $roress o& the
Architect@s wor#!
c! 1"rnish a certi&ied "A*TA:A+SM *AN( TIT*E SARJEK" &or the (e'e%o$ment
site, $re$ared in accordance with the Minim"m Standard (etai% Re-"irements Boint%y ado$ted by the
American *and Tit%e Association and the Nationa% Society o& ,ro&essiona% S"r'eyors in 7633! The s"r'ey
sha%% a%so inc%"de Item Nos! 3 F >, <(b), ?(a) and (b), = F 36(a), 33(b), 38 and 3< F 76 o& Tab%e A, O$tiona%
S"r'ey Res$onsibi%ities and S$eci&ications, sha%% indicate the %ea% descri$tion o& the $ro$erty to be
s"r'eyed a%% recorded easements and rihtsFo&Fway shown on the Tit%e Ins"rance +ommitment &or the
$ro$erty! The s"r'ey sha%% a%so meet a%% 1ie%d Enineerin S"bmission Re-"irements &or )o"ndary and
To$ora$hic Site S"r'eys set &orth in section 6693 o& the MSH(A Standards o& (esin!
d! 1"rnish the ser'ices o& a soi%s enineer, when s"ch ser'ices are deemed necessary
by the Architect, inc%"din re$orts, test borins, test $its, soi% bearin 'a%"es and other necessary o$erations
&or determinin s"bsoi% conditions!
e! 1"rnish str"ct"ra%, mechanica% and chemica% tests, tests &or haDardo"s s"bstances
and other %aboratory and en'ironmenta% tests, ins$ections and re$orts as re-"ired by %aw or the +ontract
(oc"ments!
&! ,ro'ide written notice to the Architect i& the Owner obser'es or otherwise
becomes aware o& any &a"%t or de&ect in the (e'e%o$ment or nonFcon&ormance with the +ontract
(oc"ments!
! 1"rnish in&ormation re-"ired o& him as e.$editio"s%y as necessary &or the order%y
$roress o& the wor#!
The ser'ices, in&ormation, s"r'eys and re$orts re-"ired by ,arara$hs c! thro"h e! inc%"si'e o& this
Section 36 sha%% be &"rnished at the Owner@s e.$ense, and the Architect sha%% be entit%ed to re%y "$on the
acc"racy thereo&!
33! Ter&ination"
*ea% 678 (9:;9,<:;</ <:;;/ ;:63/ =:67/ >:6</ ;:6?/ 37:6;/ 9:33) ;
a! Either the Architect or the Owner may, "$on not %ess than se'en (?) daysE written
notice, terminate this Areement i& the other $arty &ai%s to $er&orm in accordance with the terms o& this
Areement! In addition, both $arties sha%% reconiDe as a 'a%id reason &or termination, any re-"est by the
A"thority &or termination beca"se o& inade-"ate $er&ormance, "nd"e de%ay or misre$resentation which may
ma#e the &"rther ser'ices o& the Architect "nacce$tab%e to the A"thority!
b! This Areement may be terminated by the Owner, "$on not %ess than se'en (?)
daysE written notice i& the (e'e%o$ment is $ermanent%y abandoned!
c! I& this Areement is terminated $rior to the ArchitectEs &"%% $er&ormance
here"nder, and s"ch termination is not d"e to the ArchitectEs &ai%"re to ade-"ate%y $er&orm or other de&a"%t
o& this Areement, the Architect sha%% be com$ensated &or ser'ices $er&ormed ade-"ate%y and in accordance
with the terms o& this Areement $rior to the termination date! S"ch $ayment sha%% be a $ro$ortiona%
amo"nt o& the )asic 1ee e-"a% to the $ro$ortion o& the ser'ices ade-"ate%y $er&ormed by the Architect to
the o'era%% Architect"ra% Ser'ices described herein!
d! Any new or re$%acement Architect m"st be a$$ro'ed by the A"thority!
37! Role an% In%e-en%ene of t$e Ar$itet" The Architect wi%% be the Owner@s
re$resentati'e d"rin constr"ction "nti% 1ina% ,ayment is made $"rs"ant to the +ontract, and &or $"r$oses
o& one or more obser'ations and re'iews d"rin the a$$%icab%e warranty $eriod! The Architect wi%% ha'e
a"thority to act on beha%& o& the Owner to the e.tent $ro'ided in the +ontract (oc"ments, "n%ess the sco$e
o& this a"thority is modi&ied in writin and written notice o& s"ch modi&ication is de%i'ered to the Architect,
the +ontractor and the A"thority! The Architect wi%% ad'ise and cons"%t with the Owner and the A"thority,
and a%% o& the Owner@s and the A"thorityEs instr"ctions to the +ontractor sha%% be iss"ed thro"h the
Architect! The Architect "nderstands that it has been retained &or ser'ices here"nder as an inde$endent
$ractitioner ha'in no identity o& interest with the Owner or the +ontractor, and ha'in no &inancia% interest
in the (e'e%o$ment or the rea% estate "$on which it is to be constr"cted other than the &ee $ro'ided herein!
The Architect certi&ies that no member, o&&icer or em$%oyee o& the A"thority, no member o& the o'ernin
body o& the %oca%ity in which the (e'e%o$ment is to be %ocated, and no other $"b%ic or e%ected o&&icia% o& the
State o& Michian or the %oca%ity who e.ercises any &"nctions or res$onsibi%ities with res$ect to the
(e'e%o$ment, has any interest, direct or indirect, in this +ontract or in any $roceeds or bene&its arisin
there&rom, nor sha%% ha'e any s"ch interest d"rin the term o& this Areement or &or the oneFyear $eriod
&o%%owin com$%etion o& the (e'e%o$ment! The Architect &"rther ac#now%edes that the e.istence o& an
identity o& interest between the Architect and either the Owner or the +ontractor, or the Architect@s
ownershi$ o& a &inancia% interest in the de'e%o$ment, wi%% be ro"nds &or termination o& this areement,
"n%ess a$$ro'ed in ad'ance by the A"thority!
38! Ar$itet,! Initial Clo!in# Certifiate!" The Architect arees to e.ec"te a certi&icate
(*ea% 1orm 67>) at or be&ore the Initia% +%osin to the e&&ect that it has 'isited the site and has determined
in a reasonab%e and di%ient manner that, to the best o& its #now%ede, in&ormation and be%ie&, the
(e'e%o$ment can be constr"cted on the site in accordance with the Architect"ra% (oc"ments as a$$ro'ed
by the A"thority! The Architect a%so arees to e.ec"te an Assinment o& Architect@s Areement (*ea%
1orm 678A) at or $rior to the Initia% +%osin!
3>! Ar$itet,! *rofe!!ional Lia'ilit) In!urane" The Architect certi&ies to the Owner and
the A"thority that it is co'ered by a $o%icy o& $ro&essiona% %iabi%ity ins"rance in the amo"nt that is the
reater o& One Mi%%ion (o%%ars (H3,666,666) or ten $ercent (36I) o& the +ontract s"m! The Architect
arees that at the Initia% +%osin, it sha%% de%i'er certi&icates con&irmin s"ch $ro&essiona% %iabi%ity ins"rance
co'erae, a%on with a co$y o& the ins"rance $o%icy, to the Owner and to the A"thority! The Architect
arees &"rther that it sha%% #ee$ s"ch $ro&essiona% %iabi%ity ins"rance, or com$arab%e ins"rance co'erae, in
*ea% 678 (9:;9,<:;</ <:;;/ ;:63/ =:67/ >:6</ ;:6?/ 37:6;/ 9:33) 36
&orce &or a $eriod o& at %east one (3) year &rom the +"tFO&& (ate estab%ished by the A"thority in accordance
with the +ost +erti&ication Man"a% &or Mortaors and +ontractors!
39! O+ner!$i- of Dou&ent!" The Architect"ra% (oc"ments are and sha%% remain the
$ro$erty o& the Architect reard%ess o& whether the (e'e%o$ment &or which they are made is constr"cted!
The Architect"ra% (oc"ments are not to be "sed by the Owner or any other $erson on other de'e%o$ments
or e.tensions to this (e'e%o$ment e.ce$t by areement in writin and with a$$ro$riate com$ensation to the
Architect/ $ro'ided, howe'er, that in the e'ent o& a de&a"%t "nder this Areement by the Architect, or a
de&a"%t "nder the )"i%din *oan Areement between the Owner and the A"thority, or a de&a"%t or
&orec%os"re "nder the A"thority@s Mortae *oan as to the (e'e%o$ment, the Owner or the A"thority may
"se s"ch Architect"ra% (oc"ments to "nderta#e the com$%etion o& the (e'e%o$ment witho"t com$ensation
to the Architect in addition to that which it is otherwise entit%ed to "nder this Areement! A%% Architect"ra%
(oc"ments, with the e.ce$tion o& one set &or each $arty to the +ontract and one set &or the A"thority, are
to be ret"rned to the Architect on re-"est at the com$%etion o& the wor#!
3<! Mi!ellaneou!
a! This Areement sha%% be o'erned by the %aw o& the State o& Michian!
b! Terms not identi&ied in this Areement sha%% ha'e the same meanin i'en to them
in the +ontract and Genera% +onditions!
c! E.ce$t as may be otherwise s$eci&ied in this Areement, the Architect sha%% ha'e
no res$onsibi%ity &or the $resence, hand%in, remo'a% or dis$osa% o& haDardo"s materia% in any &orm at the
(e'e%o$ment!
d! The recita%s to this Areement sha%% be incor$orated into this Areement as i& set
&orth &"%%y herein!
e! The in'a%idity o& any c%a"se, $art or $ro'ision o& this Areement sha%% not a&&ect
the 'a%idity o& the remainin $ortions o& this Areement!
&! Other than as contained in this Areement, the Architect wi%% not be re-"ired to
e.ec"te any doc"ment "aranteein the e.istence o& any condition!
3?! Ation! on .e$alf of Aut$orit)" E.ce$t as otherwise $ro'ided, the &o%%owin o&&icers o&
the A"thority are a"thoriDed to i'e any a$$ro'a% or notice or ta#e any action on beha%& o& the A"thority in
connection with the administration o& this +ontract2 the E.ec"ti'e (irector, the (e$"ty (irector:+hie&
Anderwriter, the (irector o& 1inance and the (irector o& *ea% A&&airs! The +ostin Manaer is a"thoriDed
to a$$ro'e the Trade ,ayment )rea#down! The A"thorityEs (esin Re'iew O&&icers are a"thoriDed to
a$$ro'e the Architect"ra% (oc"ments $re$ared by the Architect! The +hie& +onstr"ction Manaer is
a"thoriDed to a$$ro'e the wor# &or the $"r$ose o& %oan disb"rsements and to iss"e the A"thority@s
4,ermission to Occ"$y!5 The term 4A"thoriDed O&&icer o& the A"thority5 re&ers to the &oreoin
em$%oyees o& the A"thority when actin within the sco$e o& their a"thority! Any re&erence to any action,
consent or decision to be made by the A"thority sha%% mean the action, consent or decision o& an A"thoriDed
O&&icer o& the A"thority!
3=! Sue!!or! an% A!!i#n!" This Areement sha%% bind, and the bene&its hereo& sha%% in"re
to, the Owner and the Architect, and their %ea% re$resentati'es, s"ccessors and assins! This Areement
sha%% not be assinab%e by the Architect witho"t written consent o& the Owner and the A"thority!
*ea% 678 (9:;9,<:;</ <:;;/ ;:63/ =:67/ >:6</ ;:6?/ 37:6;/ 9:33) 33
3;! Mo%ifiation an% Inte#ration" This Areement may not be modi&ied, a%tered or chaned
e.ce$t in writin sined by the $arties hereto and a$$ro'ed by the A"thority! This Areement re$resents
the entire and interated areement between the Owner and Architect and s"$ersedes a%% $rior neotiations,
re$resentations or areements, either written or ora%!
IN 0ITNESS 0HEREO1, the $arties hereto ha'e sined this OwnerFArchitect Areement &or
(esin and Administration Ser'ices as o& the date shown abo'e!
AR+HITE+T2
)y2
Name2
Its2

(officers title)
O0NER2
*IMITE(
(IJI(EN( HOASING ASSO+IATION
*IMITE(
)y2
Its2 Genera% ,artner
)y2
Name2
Its2
(officers title)
)y2
Name2
Its2 Genera% ,artner
*ea% 678 (9:;9,<:;</ <:;;/ ;:63/ =:67/ >:6</ ;:6?/ 37:6;/ 9:33) 37