Common use of Condo Conversion Clause in Contracts

Condo Conversion. If the Project is converted from an apartment project, as presently contemplated by the parties, to a project involving condominium or co-op ownership, then the other provisions of this Agreement notwithstanding, Architect/Prime Consultant shall to the fullest extent permitted by law, and even in situations involving actual or alleged “design defects” or “active negligence” by one or more indemnitees, release, indemnify and hold harmless Subconsultant and its affiliated entities and individuals, and each of them, from and against whatever claims, costs, losses and/or liability may arise concerning the services performed or undertaken pursuant to this Agreement or concerning the Project; provided, however, that no indemnification obligation shall apply to any indemnitee concerning that indemnitee’s sole negligence or willful misconduct. These provisions shall survive the termination of this Agreement; and in the event that any portion of these provisions shall be prohibited by law, then these provisions shall not be void, but rather shall be interpreted as applying only to the fullest extent allowed by law. Project Name: Hermosa View School New Construction and Modernization Address: ▇▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇ / ▇▇▇▇▇: ▇▇▇▇▇▇▇ ▇▇▇▇▇, ▇▇ Project Type: Education – K-12 Project Description: Demolition of some of the existing classroom buildings, administration building, and site work. Construction of new 2-story admin classroom building, two new kindergarten classroom buildings, and kitchen addition to existing MPR building. Construction of a new parking lot, playfields, and site improvements including retaining walls. New Buildings - Building B (Admin & Classrooms) (15,693 SF), Building F.1 (Kindergarten) (6,425 SF), Building F.2 (Kindergarten) (9,708 SF). Existing Buildings A, C, D and E (mechanical and lighting scope included) A. Compensation for the scope of services in accordance with the attached exhibit(s) shall be based upon the following fixed fee(s): Pre-Construction Phase $ 4,600.00 Construction Phase $ 5,900.00 Functional Phase $ 21,700.00 Post Construction Phase $ 5,300.00 B. Reimbursable expenses are in addition to the compensation listed above and shall include transportation (auto rental, taxi, bus, airfare), meals, and lodging, plus other expenses incurred in connection with out of town travel (must be approved by Client), costs for reproductions (copies, binding, blueprints, CADD plotting), mileage, parking costs, postage and messenger delivery charges. Also, they may include costs associated with photographic production techniques, renderings, models, mockups, etc. (with client approval), plus any additional insurance coverage or limits, including professional liability insurance that is requested by Client in excess of that normally carried. Billing for allowed reimbursable expenses will be as follows: Cost plus 15%. C. For additional services, such as changes to the scope of work after commencement of Contract Documents or preparation of record drawings of existing conditions, the Client shall pay the Engineer on an hourly basis as follows: Designer $105 Project Assistant $95 Systems Designer $105 Analyst $105 Engineer I $125 Project Coordinator I $110 Systems Engineer I $125 Consultant I $125 Engineer II $140 Project Coordinator II $130 Systems Engineer II $140 Consultant II $140 Senior Engineer $160 Project Sr. Coordinator $145 Sr. Systems Engineer $160 Senior Consultant $160 Associate $175 Associate $175 Associate $175 Senior Associate $195 Senior Associate $195 Senior Associate $195 Director $210 Director $210 Director $210 Senior Director $230 Senior Director $230 Senior Director $230 Principal $245 Principal $245 Principal $245 Partner $265 Partner $265 Partner $265 Assistant Ltg. Designer $100 Cx Assistant $100 FP Technician $110 BIM Generalist $100 Lighting Designer I $115 Cx Technician $115 FP Consultant I $130 BIM Specialist I $120 Lighting Designer II $130 Cx Authority $135 FP Consultant II $150 BIM Specialist II $135 Senior Ltg. Designer $145 Senior Cx Authority $150 Senior FP Consultant $165 BIM Sr. Specialist $150 Associate $160 Associate $165 Associate $185 Senior Associate $180 Senior Associate $185 Senior Associate $205 Director $195 Director $200 Director $225 Senior Director $210 Senior Director $215 Senior Director $240 Principal $225 Principal $235 Principal $260 Partner $240 Partner $250 Partner $280 The above hourly rate schedules are firm for twelve months from date of execution of contract with an annual escalation of 5% thereafter. We will serve as the Commissioning Agent providing commissioning services in accordance with BCA standards / guidelines and pursuant to its standard protocols and procedures, which tk1sc understands includes the following significant services and features: Commissioning Services Included Description of Commissioning Services ☒ Commissioning Services (Includes CALGreen / Title 24 part 6) ☐ Commissioning Services (Includes LEED NC/CS/CI Fundamental Commissioning) ☐ Commissioning Services (Includes LEED NC/CS/CI Enhanced Commissioning) ☐ Option 1 – Enhanced Systems Commissioning ☐ Path 1 – Enhanced Commissioning ☐ Path 2 – Enhanced Commissioning & Monitoring Based Commissioning ☐ Option 2 – Envelope Commissioning ☐ Commissioning Services (Non-LEED or CALGreen) System Descriptions for Commissioning Services Systems Included Systems to be Commissioned ☒ HVAC Systems. ☒ Domestic Hot Water Systems. ☒ Energy Management Systems. ☒ Lighting Controls – Occupancy Sensors ☒ Lighting Controls – Daylighting ☒ Lighting Controls – Exterior Lighting. ☐ Electrical – Service and Distribution. ☒ Landscape Irrigation Systems (As they relate to CalGreen) ☐ Water Re-use Systems (As they relate to CalGreen) ☐ Photovoltaic System ☐ Wind Turbine System ☐ Fuel Cell / Micro-Turbine System ☐ Emergency / Legally Required Standby Power Systems (Generators / Inverters) ☐ Medical Gases ☐ Fire Alarm ☐ Smoke Control Systems

Condo Conversion. If In the event that Owner or Owner’s successor in interest or assigns converts or allows the conversion of the Project is converted from an apartment project, as presently contemplated by the parties, to a project involving condominium or co-op ownership, then the other provisions of this Agreement notwithstanding, Architect/Prime Consultant Owner shall to the fullest extent permitted by law, and even in situations involving actual or alleged “design defects” or “active negligence” by one or more indemnitees, release, indemnify and hold harmless Subconsultant Engineer and its affiliated entities and individuals, and each of them, from and against whatever claims, costs, losses and/or liability may arise concerning the services performed or undertaken pursuant to this Agreement or concerning the Project; provided, however, that no indemnification obligation shall apply to any indemnitee concerning that indemnitee’s sole negligence or willful misconduct. These provisions shall survive the termination of this Agreement; and in the event that any portion of these provisions shall be prohibited by law, then these provisions shall not be void, but rather shall be interpreted as applying only to the fullest extent allowed by law. -----END----- Project Name: Hermosa View Beach City School New Construction and Modernization District – Hermosa North School Address: ▇▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇ / ▇▇▇▇▇: ▇▇▇▇▇▇▇ ▇▇▇▇▇City / State: Hermosa Beach, ▇▇ California Project Type: Education – K-12 Project Description: Demolition of some The project consists of the existing classroom buildings, administration building, and site work. Construction construction of a new 2-story admin classroom building, two new kindergarten classroom buildings, building of approximately 30,000 square feet and kitchen addition to existing MPR building. Construction of a new parking lot, playfields, and site improvements including retaining wallsone-story multi-purpose building of approximately 4,000 square feet. New Buildings - Building B (Admin & Classrooms) (15,693 SF), Building F.1 (Kindergarten) (6,425 SF), Building F.2 (Kindergarten) (9,708 SF). Existing Buildings A, C, D and E (mechanical and lighting scope included)Basis of Fee: Per Schematic Design drawings dated 04/23/2017. A. Compensation for the scope of services in accordance with the attached exhibit(s) shall be based upon the following fixed fee(s): Pre-Construction Phase $ 4,600.00 4,500.00 Construction Phase $ 5,900.00 9,000.00 Functional Phase $ 21,700.00 17,950.00 Post Construction Phase $ 5,300.00 4,500.00 B. For additional services, such as changes to the scope of work after commencement of Contract Documents or preparation of record drawings of existing conditions, the Client shall pay the Engineer on an hourly basis as follows: This hourly rate schedule is firm for twelve months from date of execution of contract with an annual escalation of 5% thereafter. C. Reimbursable expenses are in addition to the compensation listed above and shall include transportation (auto rental, taxi, bus, airfare), meals, and lodging, plus other expenses incurred in connection with out of town travel (must be approved by Client), costs for reproductions (copies, binding, blueprints, CADD plotting), mileage, parking costs, postage and messenger delivery charges. Also, they may include costs associated with photographic production techniques, renderings, models, mockups, etc. (with client approval), plus any additional insurance coverage or limits, including professional liability insurance that is requested by Client in excess of that normally carried. Billing for allowed reimbursable expenses will be as follows: Cost plus 15%. C. For additional services, such as changes to the scope of work after commencement of Contract Documents or preparation of record drawings of existing conditions, the Client shall pay the Engineer on an hourly basis as follows: Designer $105 Project Assistant $95 Systems Designer $105 Analyst $105 Engineer I $125 Project Coordinator I $110 Systems Engineer I $125 Consultant I $125 Engineer II $140 Project Coordinator II $130 Systems Engineer II $140 Consultant II $140 Senior Engineer $160 Project Sr. Coordinator $145 Sr. Systems Engineer $160 Senior Consultant $160 Associate $175 Associate $175 Associate $175 Senior Associate $195 Senior Associate $195 Senior Associate $195 Director $210 Director $210 Director $210 Senior Director $230 Senior Director $230 Senior Director $230 Principal $245 Principal $245 Principal $245 Partner $265 Partner $265 Partner $265 Assistant Ltg. Designer $100 Cx Assistant $100 FP Technician $110 BIM Generalist $100 Lighting Designer I $115 Cx Technician $115 FP Consultant I $130 BIM Specialist I $120 Lighting Designer II $130 Cx Authority $135 FP Consultant II $150 BIM Specialist II $135 Senior Ltg. Designer $145 Senior Cx Authority $150 Senior FP Consultant $165 BIM Sr. Specialist $150 Associate $160 Associate $165 Associate $185 Senior Associate $180 Senior Associate $185 Senior Associate $205 Director $195 Director $200 Director $225 Senior Director $210 Senior Director $215 Senior Director $240 Principal $225 Principal $235 Principal $260 Partner $240 Partner $250 Partner $280 The above hourly rate schedules are firm for twelve months from date of execution of contract with an annual escalation of 5% thereafter. -----END----- We will serve as the Commissioning Agent providing commissioning services in accordance with BCA ACG standards / guidelines and pursuant to its standard protocols and procedures, which tk1sc understands includes the following significant services and features: Commissioning Services Included Description of Commissioning Services ☒ Commissioning Services (Includes CALGreen / Title 24 part 6) ☐ Commissioning Services (Includes LEED NC/CS/CI Fundamental Commissioning) ☐ Commissioning Services (Includes LEED NC/CS/CI Enhanced Commissioning) ☐ Option 1 – Enhanced Systems Commissioning ☐ Path 1 – Enhanced Commissioning ☐ Path 2 – Enhanced Commissioning & Monitoring Based Commissioning ☐ Option 2 – Envelope Commissioning ☐ Commissioning Services (Non-LEED or CALGreen) System Descriptions for Commissioning Services Systems Included Systems to be Commissioned ☒ HVAC Systems. ☒ Domestic Hot Water Systems. ☒ Energy Management Systems. ☒ Lighting Controls – Occupancy Sensors ☒ Lighting Controls – Daylighting ☒ Lighting Controls – Exterior Lighting. ☐ Electrical – Service and Distribution. ☒ Landscape Irrigation Systems (As they relate to CalGreen) ☐ Water Re-use Systems (As they relate to CalGreen) ☐ ☒ Photovoltaic System ☐ Wind Turbine System ☐ Fuel Cell / Micro-Turbine System ☐ Emergency / Legally Required Standby Power Systems (Generators / Inverters) ☐ Medical Gases ☐ Fire Alarm ☐ Smoke Control Systems A. Pre-Construction Phase: 1. Develop Commissioning Plan: a. Prepare Commissioning Plan document. b. Issue to Owner and Design Team for review / comment. c. Update Plan throughout project. 2. Design Phase Commissioning Kick-Off Meeting: a. Facilitate kick-off meeting, via conference call, to confirm commissioning scope, review the Commissioning Plan and clarify roles and responsibilities. b. Confirm commissioning schedule. c. Prepare meeting notes from meeting and distribute.