5.2.3.2 Project Architect Duties and Responsibilities

A. The level of professional services and required documentation are determined first by the program for which the application is made and then the Classes of Work as applicable. Required services and documentation are:

1. New Construction and Substantial Rehabilitation

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Chapter 5 Architectural and Construction Analysis 5.2 Consultant Due Diligence Responsibilities

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• The scope of services shall provide all architectural, structural, mechanical, electrical, civil, landscape, and interior design and consulting services (Design Services) necessary to prepare drawings, specifications and other documents setting forth in detail the requirements for construction of the project.

• When basic design services (e.g., civil, mechanical, electrical engineering services) are provided by professionals outside of the Project Architect’s firm, they should be contracted with the Project Architect as consultants to the Architect and not directly to the owner. In general, no additional Owner-Architect Agreement besides the one with the Project Architect is allowed for the design. A separate civil engineering services under a separate Owner-Architect Agreement (i.e., AIA B108) may be allowed on a case-by-case basis when warranted (e.g., when civil engineering is engaged much earlier in the predevelopment phase).

• The scope of services shall also provide for the administration of the construction contract (Construction Administration), including conducting the monthly job site meetings with meeting agendas and official recordings of the meeting minutes.

• There may be separate agreements for design and construction administration services if the same Project Architect is not employed for each (e.g., when the Project Architect has an identity of interest with the Borrower). When there is a separate agreement for the administration of the construction contract, it must be submitted for approval before initial endorsement. Where separate agreements are made, those sections not applicable shall be deleted.

• The Project Architect may have an identity of interest with the owner or General Contractor, but in that event, may not administer the construction contract. Identity of interest is defined in the HUD Amendment (form HUD-92408-M).

2. Section 223(f) Transactions with High Costs and/or Complex Alterations:

• When the services of a Project Architect are required because the Aggregate Cost of the work is equal to or greater than $15,000 per unit, or because Level 2 or Level 3 Alterations are proposed (See Section 5.3.3.1), the Project Architect must meet the same licensing and insurance requirements as for substantial rehabilitation, including the provision of a certificate of liability insurance that must substantially conform to the sample Certificate of Professional Liability Insurance. (See Appendix 5, Section A.5.8.3). The Project Architect’s responsibilities and liabilities apply to all alterations and repairs included in the scope of work.

3. Section 223(f) Transaction with Green MIP:

   • Refinance or acquisition applications for a green MIP rate require a Project Architect when the owner proposes to obtain a green certification to qualify for the green MIP. The Project Architect must fulfill additional responsibilities described in Chapter 6, Section 6.6.3.A.6 and Section 6.6.3.A.7.