February 22, 2024
Page I

6784

McDONALD LOCAL SCHOOL DISTRICT BOARD OF EDUCATION REGULAR MEETING
THURSDAY, FEBRUARY 22, 2024 -6:00 P.M.
M.H.S. LIBRARY MCDONALD, OHIO 44437
The McDonald Local School District Board of Education held a Regular Meeting on Thursday, February 22, 2024, at 6:00 p.m., in the high school library and via McDonald Schools Facebook Live, 600 Iowa Avenue, McDonald, OH 44437.
The Regular Meeting was called to order at 6:01 p.m. by President Jody Klase. Treasurer Megan Titus called the roll:
Roll Call:		Nicholas Gallo, Jessica Krumpak, Kristina Merola Donna Shields, Jody Klase
"Notice of this meeting was given in accordance with the provisions of Section 1.450 of the O.R.C. and the Ohio Administrative Procedures Act."

Res. 24-27

Res. 24-28

Pledge of Allegiance
Approve agenda for Regular Meeting of February 22. 2024

:rvlrs. Shields moved and Mrs. Merola seconded Yeas: Shields, Merola, Gallo, Krumpak, Klase
Nays: None
The president declared motion carried Approval of Board Minutes:
Organizational Meeting -January 9, 2024
Mrs. Shields moved and Mrs. Merola seconded Yeas: Shields, Merola, Gallo, Krumpak, Klase
Nays:  None
The president declared motion carried

I

February 22, 2024 Page2

6785

Res. 24-29	Approval of Board Minutes:

Regular Meeting- January 9, 2024

Mrs. Shields moved and Mrs. Merola seconded Yeas: Shields, Merola, Gallo, Krumpak, Klase
Nays: None
The president declared motion carried
Recognition of Visitors/ Audience Participation - None

Old Business: any Old Business to bring before the Board - None
New Business:

Program/Policy Committee - Kristina Merola. Chairperson

Res. 24-30	RESOLUTION TO AUTHORIZE OSBA TO REVIEW POLICIES IN LIGHT OF HB 33 LEGISLATIVE CHANGES IMPACTING ODE AND STATE BOARD OF EDUCATION

WHEREAS, the Ohio General Assembly passed the state's biennial Operating Budget for FY 24-25 ("Amended Substitute House Bill 33" or "HB 33") which Governor DeWine signed into law on July 3, 2023 and

WHEREAS, 1-IB 33 made significant legislative changes impacting the Ohio Department of Education ("ODE") and State Board of Education ("SBOE"), including renaming ODE the Department of Education and Workforce, creating the position of Director of Education and Workforce, establishing within the Department of Education and Workforce a Division of Primary and Secondary Education and a Division of Career-Technical Education, creating the Department of Children and Youth, creating the position of Director of Children and Youth, and reallocating powers and duties between the State Board of Education, Department of Education and Workforce, and Department of Children and Youth; and
WHEREAS, the Board of Education recognizes the need to assess each of its board policies to determine necessary updates to ensure alignment with the new HB 33 legislative requirements impacting ODE and SBOE;

2

February 22, 2024
Page3

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NOW, THEREFORE, BE IT RESOLVED that the Board of Education authorizes the Ohio School Boards Association to commence a thorough review of its individual board policies to identify those requiring updates due to the new HB 33 legislative requirements impacting ODE and SBOE;

FURTHER RESOLVED that the Board of Education requests that the Ohio School Boards Association create a chart for the Board outlining the specific policy sections requiring updates and provide a brief summary of the proposed modifications for each affected policy to facilitate a clear understanding of the recommended updates.
This resolution shall take effect immediately upon approval.

Upon the recommendation of the district superintendent, I call for a motion to approve the above resolution.

Mrs. Merola moved and Mrs. Krumpak seconded Yeas: Merola, Krumpak, Gallo, Shields. Klase
Nays:  None
President declared motion carried
Res. 24-31	POLICIES - FIRST READING

Resolution to approve the first reading of the following policies to revise, add, remove, rescind, or other:

IGD	 COCURRICULAR AND EXTRACURRICULAR ACTIVITIES IGDJ	INTERSCHOLASTIC ATHLETICS
KGB	PUBLIC CONDUCT ON DISTRJCT PROPERTY

Upon the recommendation of the district superintendent, I call for a motion to approve the above resolution.

Mrs. Merola moved and Mrs. Krumpak seconded Yeas: Merola, Krumpak, Gallo, Shields. Klase
Nays:  None
President declared motion carried
3

Feb.-uary 22, 2024 Page4

6787

Res. 24-32	SCHOOL CALENDAR- 2024/2025

Resolution to approve the school calendar for the 2024/2025 school year. (See Exhibit A)

Upon the recommendation of the district superintendent, I call for a motion to approve the above resolution.

Mrs. Merola moved and Mrs. Krumpak seconded Yeas: Merola, Krumpak, Gallo, Shields. Klase
Nays: None
President declared motion carried

Res. 24-33

Res. 24-34

OHSAA MEMBERSHIP

Resolution to renew the Ohio High School Athletic Association (OHSAA) membership for the 2024/2025 school year.

Upon the recommendation of the district superintendent, I call for a motion to approve the above resolution.

Mrs. Merola moved and Mrs. Krumpak seconded Yeas: Merola, Krumpak, Gallo, Shields. Klase
Nays:  None
President declared motion carried

MCDONALD HIGH SCHOOL WASHINGTON D.C. FIELDTRIP

Resolution to approve the McDonald High School Washington D.C. fieldtrip from April 28, 2024 through April 30, 2024.

Upon the recommendation of the district superintendent, l call for a motion to approve the above resolution.

Mrs. Merola moved and Mrs. Krumpak. seconded Yeas: Merola, Krumpak, Gallo, Shields. Klase
Nays: None
President declared motion carried

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6788

Res. 24-35

Res. 24-36

SCHOOL YEAR 2024-2025 THIRD-GRADE STATE ASSESSMENTS: PAPER TEST ADMINISTRATION

Resolution to select the option of paper test administration for the third-grade state assessments for the English/Language Arts in Fall 2024 and the English/Language Arts and Math in Spring 2025. Ohio Revised Code Section 3301.0711(0)(4) allows districts the option of paper or online test administration for the third-grade state assessments.

Upon the recommendation of the district superintendent, I call for a motion to approve the above resolution.

Mrs. Merola moved and Mrs. Krumpak seconded Yeas: Merola, Krumpak, Gallo, Shields, Klase
Nays: None
President declared motion carried

Finance Committee-Donna Shields. Chairperson TREASURER'S FINANCIAL REPORT
Treasurer's Financial Report: January, 2024

Check Register
Financial Summary
Bank Reconciliation

Upon the recommendation of the district treasurer, I call for a motion to approve the above resolution.

Mrs. Shields moved and Mr. Gallo seconded Yeas: Shields, Gallo, Merola, Krumpak, Klase Nays: None
President declared motion carried

5

February 22, 2024 Page6

6789

Res. 24-37	DONATIONS

Resolution to accept the following donations:

DONOR	AMOUNT	FUND	PURPOSE	
Levy Committee	$43.59	001-0000	Donation of remaining cash balance from the Levy Committee Bank Account.	
Randy Riccitelli	$100	007-9014	McDonald Athletics Foundation Scholarship donation.	
Our Lady of Perpetual Help Church	$500	018-9 l l 5	Donation to the Student Outreach Program.	
Anonymous	$600	200-9088	Donation to the Golf Team.	
Dan Williams	$50	200-9500	Drone Racing Club Donation.	
Fast Trac	$100	200-9500	Drone Racing Club Donation.	
Bull & Bear Grille and Tavern	$100	200-9500	Drone Racing Club Donation.	
The Leaming Tree Preschool	$200	200-9967	Donation for the 2024 Washington D.C. Trip	
Atlas Environmental Management	$200	200-9967	Donation for the 2024 Washington D.C. Trip	
Gold'Has LLC	$6,000	200-9967	Donation for the 2024 Washington D.C. Trip	
K2 Cutz Lawn Care	$200	200-9967	Donation for the 2024 Washington D.C. Trio	
Anonymous	$500	300-9003	Donation to the Softball Team.	

Upon the recommendation of the district treasurer, I call for a motion to approve the above resolution.

Mrs. Shields moved and Mr. Gallo seconded Yeas: Shields, Gallo, Merola, Krumpak, Klase Nays: None
President declared motion carried

Res. 24-38	TRUMBULL COUNTY EDUCATIONAL SERVICE CENTER REVISED FOUNDATION CONTRACT FOR 2023-20?4

Resolution to approve a revised contract for services for fiscal year 2024 between the Trumbull County Educational Service Center and McDonald Local School District in the annual amount of
$606,821.00. (See Exhibit B)
Upon the recommendation of the district treasurer, r call for a motion to approve the above resolution.
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February 22, 2024
Page 7

6790

Mrs. Shields moved and Mr. Gallo seconded Yeas: Shields, Gallo, Merola, Krumpak, Klase Nays: None
President declared motion carried

Personnel Committee	Jessica Krumpak, Chairperson

Res. 24-39

Res. 24-40

CLASSIFIED RESIGNATION
Resolution to accept the resignation of Cindy R. Stitt, as part-time domestic at Roosevelt Elementary School, effective February 23, 2024.
Upon the recommendation of the district superintendent, I call for a motion to approve the above resolution.
Mrs. Krumpak moved and Mrs. Merola seconded Yeas: Krumpak, Merola, Gallo, Shields, Klase
Nays: None
President declared motion carried

ELEMENTARY SCHOOL CAFETERIA MONITOR 2023/2024
Resolution to approve the hiring of Renee Porter, on a one (1) year limited contract, as elementary Cafeteria Monitor, effective February 23, 2024, pending BCII and FBI background checks. This is an OAPSE position, which consists of 68 days, three (3) hours per day, at the hourly rate of $10.45 (minimum wage). Contract is for $2,131.80.
Upon the recommendation of the district superintendent, I call for a motion to approve the above resolution.
Mrs. Krump,ak moved and Mrs. Merola seconded Yeas: Krumpak, Merola, Gallo, Shields, Klase
Nays:  None
President declared motion carried

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February 22, 2024
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6791

Res. 24-41

Res. 24-42

SUPPLEMENTAL CONTRACT 20?3-2024

Resolution to approve the following personnel on a one (1) year supplemental contract for the school year 2023/2024, pending BCII and FBI background checks:

Violet Keene-James - Volunteer Drama Club Advisor	$-0-

Upon the recommendation of the district superintendent, I call for a motion to approve the above resolution.

Mrs. Krumpak moved and Mrs. Merola seconded Yeas: Krumpak, Merola, Gallo, Shields, Klase
Nays: None
President declared motion carried ELEMENTARY AFTER-SCHOOL PROGRAM
Resolution to approve the following personnel as tutors for students in grades 3-6 in reading and math from February to April 2024. Compensation will be for 1 ½ hours per session at $23.00 per hour, per MEA contract:

Kristie Grewell Matt Vukovic

Andrea Mason Patricia Vilk-Worrell

Elaine Rupe Ryan Witkoski

Upon the recommendation of the district superintendent, l call for a motion to approve the above resolution.

Mrs. Krumpak moved and Mrs. Merola seconded Yeas: Krumpak, Merola, Gallo, Shields, Klase
Nays: None
President declared motion carried

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February 22, 2024
Page 9

6792

Buildings and Grounds Committee	Nicholas Gallo. Chairperson

Res. 24-43

Res. 24-44

REVISED STROLLO ARCHITECTS AGREEMENT
Resolution to approve the revision of the Standard Form of Agreement between the McDonald Local School District Board of Education and Strollo Architects, dated January 17, 2024. (See Exhibit C)
Upon the recommendation of the district superintendent, I call for a motion to approve the above resolution.
Mr. Gallo moved and rvfrs. Shields seconded Yeas: Gallo, Shields, Merola, Krumpak, Klase Nays: None
President declared motion carried

EXECUTIVE SESSION  O.R.C. 121.22
WHEREAS, as a public Board of Education may hold an executive session only after a majority of the quorum of this board determines by a roll call vote to hold such a session and only at a regular or special meeting for the sole purpose of the consideration of any of the following matters:
To consider one or more, as applicable, of the check marked items with respect to a public employee or official:

1.	 		Appointment	
2.	 		Employment	
].	 		Dismissal	
4.	 		Discipline	
5.	   	Promotion	
6.	 		Demotion	
7.	   	Compensation	
8.	   	Investigation of charges/complaints (unless public hearing requested)	
To consider the purchase of property for public purposes or for the sale of property at competitive bidding.
Conferences with an attorney for the public body concerning disputes involving the public body that are the subject of pending or imminent court action.
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February 22, 2024
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	Preparing for, conducting, or reviewing negotiations or bargaining sessions with public employees concerning their compensation or other terms and conditions of their employment.

Matters required to be kept confidential by federal law or rules or state statutes.

	Specialized details of security arrangements where disclosure of the matters discussed might reveal information that could be used for the purpose of committing or avoiding prosecution for a violation of the law.
NOW, THEREFORE, BE IT RESOLVED, that the McDonald Local School District Board of Education, by a majority of the quorum present at this meeting, does hereby declare its intention to hold an executive session on item(s) D, as listed above.

Mrs. Shields moved and Mr. Gallo seconded to go into Executive Session at 6:43 p.m.
Yeas: Shields, Gallo, Merola, Krumpa.k:, Klase Nays: None
President declared motion carried

_K	There will be no action taken by the Board of Education after Executive Session

Action will be taken by the Board of Education after Executive Session

Res. 24-45

Adjourn Executive Session

Mrs. Shields moved and Mrs. Krumpak seconded to adjourn Executive Session at 8:04 p.m.
Yeas: Shields, Krumpak, Gallo, Merola, Klase Nays: None
President declared motion carried

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February 22, 2024
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6794

Res. 24-46	ADJOURNMENT

Mrs. Shields moved and Mr. Gallo seconded to adjourn the Regular Meeting at 8:04 p.m.
Yeas: Shields, Gallo, Merola, Krumpak, Klase Nays: None
President declared motion carried

ATTEST:

TREARER

)_17V -i!M'

11

Board Policy: BDDH (Also KD) Public Participation at Board Meeti11gl·

All meetings of the Board and Board-appointed committees are open to the public.

In order for the Board to fulfill its obligation to complete the planned agenda in an effective and efficient fashion, a maximum of 30 minutes of public participation may be permitted at each meeting.

Each person addressing the Board shall give his/her name and address. If several people wish to speak, each person is allotted three minutes until the total time of 30 minutes is used. During that period, no person may speak twice until all who desire to speak have had the opportunity to do so. Persons desiring more time should follow the procedure of the Board to be placed on the regular agenda. The period of public participation may be extended by a vote of the majority of the Board, present and voting.

McDonald Local School District Board Meeting Scltedule

The regular meetings of the McDonald Local School District Board of Education are held on the third Wednesday of every month at 6:00 p.m. in the MHS. library. Exceptions may be: legal holidays or scheduled dates when a majority of the membership may be out of town or otherwise not available. Below are the 2024 regular Board meeting dates.

January 9, 2024**
April 24, 2024**
July 17, 2024
October 16, 2024

February 22, 2024**
May 15, 2024
August 21, 2024
November 20, 2024

March 20, 2024
June 26, 2024**
September 18, 2024
December 18, 2024

**exception (alternate date other than the third Wednesday of the month)

12

MCDONALD LOCAL SCHOOL DISTRICT BOARD OF EDUCATION REGULAR MEETING
THURSDAY, FEBRUARY 22, 2024-6:00 P.M.
M.H.S. LIBRARY MCDONALD, OHIO 44437

Visitors, please register.
. L.," c	Q•Y ,,. .J ,ir--

::L J.,	I r"· ""'t'J,!I, "<.
i•{ttrvJV T'li	r-t:.i:. ,vG t<

5.
6.
7.
8.
9.
10.
11.
12.
13.
14.
15.
16.
17.
18.
19.
20.

DECEMBER '24

F
6
13
20
27

M

W	TH

Important Dales

August 19-20	Teacher In-service August 21	 First Day of School
August 30	No School
September 2		 Labor Day - No School October 11	 NEOEA Day - No School 1Nov 27-Dec 2		Thanksgiving Vacation Dec 23-Jan 3	Christmas Vacation Jarwary 20	 Martin Luther King Day
February 14	No School
February 17	President's Day
April 18-22	Easter Break
May24	Graduation Day
May 26	Memorial Day
May29	Last Day Students
May 30	Teacher In-service

Gradine Period:
I st nine weeks	 8/21 - l 0/25/24 2nd nine weeks	 10/28- 1/17/25 3rd nine weeks		l/2 I - 3/25/25 4th nine weeks	3/26 - 5/29/25

*Early Release on 1/17/2025

Parent/Teacher Conferences
October 10. 2024
February 13, 2025

APRIL '25	
M	T	w	TH	F	
	I	2	3	4	
7	8	9	10	11	
14	15	16	17	18	
ll	22	23	24	25	
28	29	30			

c:=JFirst and Last Day for Teachers

C]First and Last Day
for Students
[=1 Vacation Day

c=JEnd ofNine-Week Grading Period

c=]NEOEA Day

EXHIBIT A

AUGUST '24	
M	T	w	TH	F	
			I	2	
5	6	7	8	9	
12	13	14	15	16	
19	20	21	22	23	
26	27	28	29	30	

McDonald Local Schools 2024-2025 School Calendar

SEPTEMBER '24	
M	T	w	TH	F	
'1	3	4	5	6	
9	10	11	12	13	
16	17	18	19	20	
23	24	25	26	27	
30					

OCTOBER '24	
M	T	w	TH	F	
	I	2	3	4	
7	8	9	10	II	
14	15	16	17	18	
21	22	23	24	25	
28	29	30	31		

NOVEMBER '24	
M	T	w	TH	F	
				I	
4	5	6	7	8	
l l	12	13	14	15	
18	19	20	21	22	
25	26	2't	.a	.J9	

JANUARY '25	
M	T	w	TH	F	
		I	...2.	'3	
6	7	8	9	IO	
13	14	15	16	17	
JO	21	22	23	24	
27	28	29	30	31	

FEBRUARY '25	
M	T	w	TH	F	
3	4	5	6	7	
10	11	12	13	14	
17	18	19	20	21	
24	25	26	27	28	

MARCH'25	
M	T	w	TH	F	
3	4	5	6	7	
10	11	12	13	14	
17	18	19	20	21	
24	25	26	27	28	
31					

MAY'25	
M	T	w	TH	F	
			I	2	
5	6	7	8	9	
12	13	14	15	16	
19	20	21	22	- 23	
26	27	28			
			29 -30	

JUNE '25	
M	T	w	TH	F	
2	3	4	5	6	
9	10	11	12	13	
16	17	18	19	20	
23	24	25	26	27	
30					

EXB.Il3IT  B

STATE OF OHIO DEPARTMENT OF EDUCATION
OFFICE OF QUALITY SCHOOL CHOICE & FUNDING
Contract Amount for FY2024 Pursuant to O.R.C 3313.845

ESC Name:	Trumbull County	ESC IR.N:	 050088	

District: McDonald Local	County:	 Trumbull	

District IRN:	050=229

---

The above named parties have entered into a contract for services for fiscal year 2024 in the annual amount of	$606,821 00
We, the undersigned, understand that the above annual amount will be deducted from state foundation payments to the school district and paid to the county educational service center on semi-monthly basis

throughout the fiscal year.

KeJ:o		RO	t'9n  \
Print District Superintendent Name

rn Q(\	Q. \\ '-l5'
Print District Treasurer Name

urer Signature

Date

Date

Michael W. Hanshaw
Print ESC Superintendent Name

	
ESC Superintendent Signature	Date

Stacy M. Foster
Print ESC Treasurer Name	ESC Treasurer Signature	Date

EXHIBIT C

9AJA Document B1Of - 2017
Standard Form of Agreement Between Owner and Architect

AGREEMENT madt: as of the Sevnteenth day of January in the year Two Thousand Twenty
Four
(In words, indicate day, month and year)

BETWEEN the Architect's client identified as the Owner:
(Name. legal stalus. address and other information)

McDonald Local School District Board of Education 600 Iowa Ave.
McD:mald, Ohio 44437

and the Architect:
(Name. legal slatus, address and orher informalion)

Strollo Architects
20! W. Federal Street Yollngstown, Ohio 44503

for the following Project:
(r\'ame, location and detailed descripti'an)

ADDITIONS AND DELETIONS:
The author of this document has added information needed for its completion The author may also have revised the text of the original AIA stand<1rd form. An Additions and Deletions Report thal notes added information as well as revisioris to the standard form text is available from the author a11d should be reviewed A vertical line in tlle left margin of this document indicates where the author has added necessary inform<1tion and where the author has added to or deleted from the original AIA text
This document has important legal consequences. Cansu1tation with an attorney is encouraged with respect to its completion or modification.

f\.,fcOonald Scbool District Sports Complex - Phase 5
50 l W. Second Street
McDonald, Ohio 44437
See Attachment "A" dated March 20, 2019

The Owner and Architec, agree as follows.

AIA r:Jocurnent B101 - 2017 Copyright© 1974, 197a, 1967. 1997 2007 and 201? A,I rights reserved "The American Institute of Architects,· 'Arr.ericar, Institute of Architects," "AIA," tt,e AIA Logo, and A/A Can:r.ct Documents· are trademar1<.s of The American Institute :,f Architects This document was produced al 15:37:05	1 ET on 01/15I2D24 under Order No 4104247527 which expires on ·.2/1212024 1s notlorresale, is licensed for one-time use only, and may ooly be 'Jscd in

lnit.

accor<lanc,, with the AIA Contrad Documer Is" Terms of Service To report copynght •.,;olanons. e-rnaiI docinlo@a iaeontracts com
User Notes:	(B6057B163)

TABLE OF ARTICLES
INITIAL INFORMATION

ARCHITECT'S RESPONSIBILITIES
SCOPE OF ARCHITECrs BASIC SERVICES
SUPPLEMENTAL AND ADDITIONAL SERVICES
OWNER'S RESPONSIBILITIES

COST OF THE WORK

COPYRIGHTS ANO LICENSES
CLAIMS AND DISPUTES

TERMINATION OR SUSPENSION
MISCELLANEOUS PROVISIONS

COMPENSATION
SPECIAL TERMS AND CONDITIONS
SCOPE OF THE AGREEMENT

ARTICLE 1	INITIAL INFORMATION
§ 1.1 This Agreement is based on the Inicial Information set forth in this .Section t l
!For each item in this 5ection. 'nser/ the inf':irmolion or a s/alemeni .;-,1ch as "no! applicable" or "unknown at lime of
execi,/ion "j

§ 1.1.1 The 0wn •r s program for the Project:
( /11.s,:rt !he Ln• ner 's progmn/. idemify documentalion !ho.1 es!ublishes !he Owners progro.m  ors/cue rhe mcmner in
1Fhich che pr,,gram will be deve/1Jped,1

Tw·J restroom buildings. concession buildin5 ; l:h storage, ticket booth. fenced storage under exterior bleachers, new concret.:- pads anJ 5idewalk.s. rewur(,. exterior fonc . tie in <1.II utilities ( water, sanitary, storm and electric I.
§ 1.1.2 The Project· physical characcerist1.-:s:
(/der11rf.- nr de.,cn/;e pe•·!ine,11 i11fr;rmotion about tire Pra,,ecr ; plr:•s1,;,1/ _·hura,;/eristics. )'llch as si:::e. !rxarion. d11mms1ons g'11Jlec:hmcul reports. 11101 boundaries ti,p,Jgr:,ph! .mn:ns 1r,1f{k and wi/11_1· w,dies, mai/a.bifity of p1,i:>!ic arid priva1e urililles and ser"rces, legal descrip1io11 t>,f rhc silc. elc_,

The Owner will provide an; updates to the ;;urve> and provide Gevtechnical reports fot any requirtd boring5. The n::moom will be appro:,.irnarely 500 SF each The -:()ncession, storage building approximatety 1,050 SI', and ticket boo!h appro imatel) -l-0 SF. The uiilitie, on site will be extended lO the buildings for tie into exterior systems.

§ 1.1.3 The Owner's buJget for the Cost of 1h::: \Jv ork. as defined ir1 Section 6. l:
(Provide !oral and if known, a line ilem b1·eakd,'J'>n)

The final budget for the provided .::ope wil I be deterrn ined for the purpose of advancing the prnIect rn the point that th.: J1strlcl an prioritiLe a final scope. The preliminary consiruction budget asswnptwn is $900,000 10 $1,000.000.
§ 1.1.4 The Owner·s anricipated design and constr·.1ction milestone dates:

---·---- ----·---

lnit

AIA Docu me.st B101 - 2017 Copyng/1I © 1974. 137B. 1987, 1997, 2007 and 2017 AU rignts ceserved • The Amer;"ar. :nslilul\'! oi A<cn,tects: 'American Institute nf Arctutecis•. "AJA• the AIA Logo an<! "t\lA Contract Doc"ments' are trademar1<s or The American Institute of A,cnileC!s This 1ocum.,rt was produced at 16 37 OS  2
ET on O1/1512024 under Order No 4; 04247527 w/lich expires on 1211212024. is natfor resale, is licensed for one-time use ooly ar,d may only be used a,
ac:i;;.r,r"janee with [he A!A Contra ct Documenrn<tJT -;rrns o Sarv1ce To report copynght viola tior,s e.•rna11 doc:iflfo@aJac□n tracts C;:Jm
IJs"r Notes;	{860578163)

Design phase milestone dates, if any:

Bidding milestone for Phase 5 Wednesday, March 27, 20'.l.4.

.2	Construction commencement date:

Construi;tion start dates(s} - award contract by Friday, April 26, 2024 and notice to proceed by !\'lay I,
2024

,3	Substantial Completion date or dates· Thursday, August 15, 2024.
.4		Other milestone dates:

None noted.

§ 1.i.5 The Owner intends the following procurement and delivery method for ,he Project:
(Identify melhod such as competitive bid or neg01iated ·onlrac1, as •i-.t!I as any requirements for accelerated or fasl-lrack design and construe/ion, 11111/lipfe bid packages, or phased cons/rue/ion)
It is anticipated that the project will be ompetiti vely bid, following the design. bid, build process.

§ 1.1.6 The O¼ner's anticipated Sustainable Objective for the Project:
(Identify and describe the Owner's Susrainabie 0bjecli-ve /01 the Projecl, iJ an;,)

§ 1.1.6.1 If the Owner identifies a Sustainable Objective, the Owner a11d Architect shall complete and incorporate A[.'\ Document E204TM_20 I 7. Sustainable f'ro1ccts Exhibit, into this .'\greemenl to define the terms. conditions and services related to the Owner's Sustainable Objective. ! f E::204-201 7 is incorporated into this agreement, the Owner and Architect shalt incorporate the completed £204-2017 into the agreements with the consultants and contractors performing services or Work in any way associated with the Sustainable Objective.

§ 1.1.7 The Owner identifies the following representative in accordance with Section 5 3:
(list name, address. and orher contacr informal ion)

Kevin O'Connell, Superir,tendem
/\i1cDonald Local School District Board of Education 600 Iowa Ave.
McDonald, Ohio 44437

§ 1.1.8 The persons or entities, in addition to the Owner's representative, who are required to review the Architect's submitta[s to the Owner are as follows:
(list name. address and other contact information)

McDonald Local Board Member heading the facility improvement committee_

§ 1.1.9 The Owner ,hall retain the following consultants and con,ractors:
(Lisi name legal slot us. address. and other cuntacl informal ion)

Geotechn ical Engineer:

Intertek PS I
1280 Trumbull Ave. #G

AIA Document 8101 - 2017 Copyri9ht© 1974 197B, 1987. 1997, 2007 and 20:7 All rights r9served "The American Institute of Architects.' "Amer'can Institute oi Architects," 'AIA," the AIA Logo, and 'AIA Contract Docume ts' are trademarks of The American lnstituleof Architects This docucnentwas produced at 16 37:0S	3 ET on O111512024 undar Order No 104247527 which expires or 12/12/2024. 1s not for resale, is licensed for one-time use only. and may only be used 111
accordance wrth the A/A Contract Documents., Terms of Service To rapo,t copyright violations. &-rn il docinfu@aiacontracts earn
User Notes:	(360578163)

Girard, Ohio 44420

Civil Engineer:

Suggested:
Advanced Land Measurement, Inc
7097 Warren - Sharon Rd.Brookfield Center, Ohio 44403

Other, if any:
(Lisi any other consuilants and contruc/ors re1ained by the Owner)

§ 1.1.10 The Architec1 identifies the fol lowing representative in accordance with Section 2.3:
(Lisz name, addres.;, and other contact injormatio,1 J

David Roose, Project Manager Strollo Architects
201 W. Federal Street Youngstown, Ohio 44503 droose@stro lloardiitects.com 330- 743-11 77 ext. l 730

§ 1.1.11 The Architect shalt retain the consultants identified in Sections l.1.11 .I and l. l. 11 2.
{Lisr name. legal sratus, address. and other contact informal ion)

§ 1.1.11.1 Consul tants retained under Basic Services:
,1	Structural Engineer:

Seid/er Engineering
1920 Churchill Rd., Suite #202
Girard, Oh.[o 44420

Mechanical Engineer:

CJL Engineering
l 044 N,\,feridian Rd t! B Youngstown. OH 44509

,3	Electrical Engineer:

EDB Consulting, Ltd.
6293 Stoney ridge Dr.
Youngstown, Ohio 445 I 5

Civil Engineer·

Buckeye Civil Design LLC 11369 Market St.
North Litna. Ohio 44452
§ 1,1.11.2 Consultants retained under Supplemental Services:

NIA

AIA clocument 8101 - 207 / Copyright ii:) 1974, 1975 1981_ 7997, 2G07 and 2017 All nghts ,e,eNed. "The Am<encan lnS Me of Atc;h,!ects, "Americar, 1<Istitute of Arctutects," "AIA,' tile AIA logo, and "AIA Contract OoC<Jments" are trademarks of The A.tne,i<:a Instituts of Atch,1e-cts.. Thos -:loc ment was or-oducsd a: '6::J /:05  4 ET on 01/75/2024 under Order Na 4104247527 wl71ch exp"es on 12I1mo24, is nDl fur cesale is licensed for one-time use only, and may only be used ,r,
acoordanee with the A.IA Contra.ct a ocument l!l Terms of Serv1 ce To report :o pyrigh t ,,iclation s, E!-maii docinfo@aiac:ont  els com
Us r Notes;	(86057fl16 )

§ 1.1.12 Other Init[a I [n formation on which the Agreement is based:

§ 1.2Thc Owner and Architect ma;, rely on the [nitia! lnfomrntion. Both parties, however, recognize that the Initial lnfom1ation may materially change and, in tha! event, the Owner and the Architect shall appropriately adjust th.: Architect's serv ice3. schedule for the Architect's services, and the Ard1itei.:!'s compen atton. The Owner shall adjust the Owner's budget for the Cost ofrhe Work and the Owner'; anticipated design and construction milestones. as necessary, to accommodate material changes in !he Initial Information.

§ 1.3 The part ks shat! agree upon protocots governing the transmission and use of lflstrurnents of Service or any other information or documentation in digita[ form.
(Paragraph delereJ/
ARTICLE 2	ARCHITECT'S RESPONSIBILITIES
§ 2.1 The Architect shall provide profe ional services as set forth in this Agreement. The Architect represents that it is properly licensed in the jurisdiction where the Project is located to provide the services required by this Agreement.

§ 2.2 The Architect shail perfonn its sen-ices consistent with 1he professional ski II and care ordinarily provided by architects practicing in the same or similar !oca!i!) under the same or similar circumstances The Architect shall
perform its Sl!n ices as expedit1ous!1 as 1s .::onsistent with such professional skill and care and 1he orderly progress of the Project.

§ 2.J The Architect shall ide[lti fy a represc[l tative authorized to act un behalf of [he Architect w[th respect to the Projecl.

§ 2.4 Except with the Owner's kno\ ledge .ind CO[]Sent, the Ar hitect shall not engage in any activit). or accept any employme[lt interest or contribution that would reasonably appear to compromise the Architect's professional judgmenr with respecr ro rhis Project.

§ 2.5 The Architect shall maintain the following insurance until termination of this Agreement.

§ 2.5.1 Commercial General Liability with policy limit;; ofnot less than Q[]e Million Dollars (S l,000.000.00 ) for each occurrence and Two Million Dollars ($ 2,000,000.00 ) in the aggregate for bodily injury and proper':) damage. See Exhibit "B''
§ 2,5.2 Automobile Liability covering vehicles O\lned, and non-o, ned vehicles used, by the Architect with policy limits of out less than One lv!iJlion Dollars($ 1,000.000.00 J per accident for bodilj, injur:-, death ol'any person, and propeny damage arising out of the ownership, maimenance Md u5e of those momr vehicles, along with any other statutorily required automobile coverage.
§ 2.5.3 The Architect may achieve th required limits and coverage for Commercial General Liabilil) and Automobile Liability through a combination ofprima[)· and e.,cess or umbrella liability insurance, provided such primary and excess or umbrella liability insurance policies result ln the same or greater coverage as the coverages required under Sections 2.5.1 and 2.5.2, and in []0 eve[lt shall any excess or umbrella liability insurance provide narrower coverage than the primary policy. The excess policy shall not require the exhaustion of the underl)·ing limits onl) through lhe actua! payment by the underlying insurers.

§ 2.5.4 Workers' Compensation at starutory limits. See Exhibit C
§ 2.5.5 Employers· Liability with policy limits not less thao One Million Dollars($ l ,000,000.00 ) each accident, One \ilillion Dollars (l, 1.000.000.00 ) each employee, and One Million Dollars($ 1,000,000.00 ) policy limit

AIA Oocument B101-2017 Copynght© 1974, 1976. 7987, ·.997, 2007 and 2017 All rlghl3 reserved ·'The American lnsututeo/Architects.""Am5rican ,nslltute of Architects.' "AIA," the AIA Logo, and "AIA Contract Documents" ar trademarks of The Amefic.ar lr,stitute or Architects Ttlis docc.ment was produced al 16 37 O'i	5

lnit.

E- on 01/' 512024 under Order No 4104247527 which sxpires on 1:Z/,2/2024, is net for resale, is 'icense<J for one-lime use only. and may o ly be used ir, acoordanc2 with the A A Contract Documents81 Term.3 of Service To report ccp)'right violations. e-mail docinfo@aia.contracts c□m
User Notes:	(56C5i"8163)

§ 2.5.6 Professional Liability covering negligent acts, errors and omis;ion in the perfonnance of professional services with policy limits of not less than) Two Million Dollars($ 2,000,000 00) per claim and Two Million Dollars($ 2,000,000 00) in the aggregate_

§ 2.5.7 Additional Insured Obligations. To the fullest extent permitted by law, the Architect shall cause the primary and ex ess or urnbrt-lla polices for Commercial General Liability and Automobile Liability to include the Owner as an additional insured for claims caused in whole or in part by the Architect's negligent acts or omissions. The additional insured coverage shal I be primary and non-comributory to any of the Owner's insurance policies and shall apply to both ongoing and completed operations.

§ 2.5,8 The Architect ,hall provide certificates of i[lsurance to the Owner that evidence compliance with the requirem en ts in th is Section 2.5.

§ 2 6	Represeritati ons.
§2.6 I	Tile Architect represents and warrants that ir is not subject to an llnresolved finding for recovery under O.R.C.
§9.24. l fthis representation and warranty is found ro be false, the Agreement is void, and the Architect ,hall immediately repay to the Owner any funds paid under this Agreement.
§2.6.:2 The Architect hereby certifies that neither the Archltect rior any of the Architect's partners. officers, directors, shareholders nor rhe spouses of any such person have made contributions in excess of the limitations specified in
O.R.C. §3 17.1]
The Architect, by signature on this Agreement, certifks that it is currently in complia11ce with, and wil I concinue lo adhere to. ihe requirements of Ohio ethics laws and conflict of interest laws and will take no action inconsistent with those laws.

ARTICLE 3	SCOPE OF ARCHITECT'S BASIC SERVICES
§ 3.1 The Architect's Basic Services consist of those described m this Artlcle 3 and the Prnposat (.Exhibit AJ, and include usual and Cl1Swmol) structural, mechani.::al. and elecmcal engineering services. Services not set forth in this Article 3 and the Proposal are Supplemental or Additional Services.

§ 3,1.1 The \rchi1ec1 shall manage the ·\rchitect's services, research app!icable design crireria, consult with the Owner or the Owner·s d1Higna1ed representative. attend Project meetings, communicate with members of the Project team. and report progress to the Owne1.
§ 3.1.2 The Architect shall coordinate ir, services with tho.;e services provided by che Owner and the Owner's con;;ultams. The Architect shall t,c entitled iO rely on. and ,hail not be responsible for, the accuracy. completeness, and timeliness of. services and mformauon famished by th.: Own.::r and th.: Owner's consultants. The Ar.:hitect shall provide prompt written notice to the Owner ifrhe Architect becomes aware of any error. omission. or inconsistency in such services or in formalion.

§ J.1.3 As soon as rracticable after the date ofthi, Agreement, the .Architect shall submit for the Owner"s approval a schedule for the perfom1ance of the Architect's service;. The schedule initially shall include anticipated dates for the commencemenr of construction and for Substantial Comple!ion of the Work as set forth in the Initial lnfonnation. !'he schedule sha/ I include al I0\1 anccs for periods of ti me req ui r.:d for the Owner·s review, for the performance of the O,t ner's consul tants, and for approval of submission$ by au,hori ties having jurisdiction over the Project. On.:e appro,·ed b:r the Ov,ncr, time Iimits established by the s hedule s alt not. cxce;:n for reasonable ause, be exceeded by
:he <\rchitect or Owner With rhe Ov.n.:r's approval. the . rchitect shall ad.J usl the scheduk, if necessary, as the Project prnceeds until the commencement of cormructior,..

§ 3.1.4 The Architect shall not be responsible for ari Owner's directive or substitution, or for the Owner- s acceptance ofnon-cunforming \Vork. maue or glven withouc the Architect's written approval.

§ 3.1.5 The Architect shall contact go\emrnentat authorities required to approve the Consrruction Documents and entities pro,,iding utility services lo tlie Project. The Architect shall respond to appli.;able d<!s.ign req1.Jiremen1s imposed by those authorities and entities.

,1.,1 '.loc"ment 3 'G' -2017 Cooync,111  t974 1979 1987 1997 2007 Md 2ll17 A.II '1glu; re ,ed •.,.he /\r--,et1ca" lnsurute of Arc.,,tecl,s.." 'Amenca Institute or
Arc.,itec:ts AIA.♦ il-ie ArA Logo anf1 ·AIA Contract Cocumeni!i· are tr.ademar:k.s or lhc A.m rrc:an lnslrnJ: of Arch,,ect5 Th•S doc l'T1eil was proauce-d a! !6 y:- 05	6
ET en 01,· S/2024 under Orde: !\lo -1·04241527 which e,cp,res or. T2112i7.024. 1s :,oi for 1-esale, ;, Ucen.se,d for one--1,me use, onjy, ..-,.no may only oe used •n
c:-::crdarice •,4,11iU, ire  AIA Co !t3.ci Jcc-1.,1 ,s• Te,....-,.:; of S-erva:e to r":l'oort r.cayr:gtit "ic;lations e-.tT'lail doonlo@a1;1conrracts cofl'
User Notes:	{8605 7a1\iJ)

§ 3.1.6 The Architect shall assist the Owner in connection with the Owner's responsibility for filing documents required for the approval of governmental authorities having jurisdiction over the Project.

§ 3.2 Schematic Design Phase Services
§ 3.2.1 The Architect shall review the program and orher information furnished by the Owner, and shall review laws. codes, and regulations applicable to the Architect's services.
§ 3.2.2 The Architect shall prepare a preliminary evaluation of the Owner's program, schedlilc. budget for the Cost of the Work, Project site. the proposed procurement and delivery m<!thod, and other Initial Information. each in terms of the other, to ascertain !he r,:quiremcncs of the Project. The Architect shall notify the Owner of( I Jany inconsistencies discovered in the information. and (2) other information (Jr consti!ting services that may be reasonably needed for the Project.

§ 3.2.3 The Architect shall present its preliminary evaluation to the Owner and shall discuss with the Owner alternative approaches 10 design and construction of the Project. The Architect sha![ reach an understanding with the Owner regarding Lhe requirements of the Project.

§ 3.2.4 Based on the Project requirements agreed upon with tne Owner, the Architect shall prepare and present, for the Owner's approval. a preliminary design illustrating the scale and relationship of the Project components.
§ 3.2.5 Based on the Ov..ner';, approval or the preliminary design. the Architect sh al! prepare Schematic Design Documencs for the Owner's approval. The Schema1ic Design Documents shall consist of drawings and ocher documents including a si1e plan. if appropriate. and prelimin3ry building plans. sections and elevations; and may include some combination of stud model;;. perspective sketches. or digital representations. Preliminary selections of major building systems and constn.ictivn materials shall be noted on the drawings or described in writrng.
§ 3.2.5.1 The Architect shall consider sustainable de ign alternative. . such as material choice5 and building orientation. together with other considerations based on program and aesthelics. in developing a design that is consistent with the Ov,ner's program. schedule and budget for the Cost of the Work. The Owner ma obtain more advanced sustainable design services a; a Supplemental Service under Section 4.1 I.
§ 3.2.5.2 The Architect shal I con ider the value of alternative materials, building systems and equipment, rogether with other considerations based on program and aesthetics, in developing a design for the Proje,:t that is consistent with the Owner's program. s<.:hedu le, ,md budge: for che Cost of the Work.
§ 3.2.6 The Architect shall submit to the 0\vner an estimate of the Cost of the Work. prepared in accordance witn Section 63.

§ 3.2,7 The Architect shall submit the Schematic Design Documents to 11Je Owner, and request the Owner's approval.

§ 3.3 Design Development Phase Services
§ 3.3.1 Based on the Owner's approval of rhe Schematic Design Documents, and on the Owner's authorit.ation of any adjustments ;;i the Project requirements and the budget for the Cost of the Work. the Architect shal I prepare Design Developmenr Documents for th Owner·s approval. The Design Development Documents sha!! illu5trate and describe the development of the approved Schematic Design Documents and shall consist of drawings and other documents including plans. sections. elevations. typical .:onstruction details, and diagrammatic layouts of budding systems to fix and describe the size and characrer of the Project as to architectural, .itructura!. mechanical and electrical sy..tems. and other appropriate elements. The Design Development Documents shall also include outline speci ficarions that idenlif;, major materials and systems and establish, in general, their quality levels.

§ 3.3.2 The Arcnitect sha[l update tne estimate of the Cost of the Vork prepared in accordance with Section 6.J.

§ 3.3,3 The Architect shall submit the Design Development Documents to the Owner. advise the Owner of any adjustments to the estimate of the Cost of the Work, and request the Owner's approval.

AIA Oocument810! - 2017 Copyr.g111© 1974, 1978, 19B7 1997. 2007 ar.d 2017 All rights reserved "The Americar lnstllute of Architec:s '"American Institute of Architects." "AIA," tne AIA Logo, and "AIA Contract Documents· are trademarks of The America.-. lns\1tule of Arch1U,cts his document was produced at 16::Jl 05  7 ET on O 1 /1 512024 under Order No 4104247527 which expires on 12/12/207.4, ·,s ,ot For resale, is licensed for one-time use only. and may only be usen ,n

lnit

accordance wilh the AIA Contract Dacuments•-errns of Service ':o report copyright violations, e-m 1I docinfo@aiaca11tracts cam
User Notes:	(B6C578163)

§ 3.4 Construction Documents Ptiase Services
§ 3.4.1 Ba-ed on the Owner's approval of the Design Development Doc umen ts, and on the Owner's authorization of any adjustments in the Project requirements and the budget for the Cost 0f the Work, the Architect shall prepare Construction Oo.::uments for the Ov.ner's approval The Construction Documents shall illustrate and describe the further developmenl of the approved Design Development Documents and shall consist of Drawings and Specifications setting for1!1 in derail the qua/icy levels and performance criteria of materials and systems and other requirements for the construction of the Work. The Owner and Archirect acknowledge that, in mder 10 perform the Work, the Contractor will provide additional information. including Shop Drawings, Product Data, Samples and other similar submittals, which the Architect shall review in accordance wirh Section 3.6..:i.

§ 3.4.2 The Architect shalt incorporate the design requirements of governmental authorities having jurisdiction over the Project into the Construction Documents.

§ 3.4.3 During 1he developmr:nt of the Construction Documents, the Architec1 shal I, after consultation w irh the Owner, develop and prepare ( 1) procurement information that de,cribes the time, place. and conditions of bidding, including bidding or proposal form : ('.:!J the form of agreemem between the Owner and Contractor; and (3) the Conditions of the Contract for Construction (General, Supplementary and ,ither Conditions). The Architect shall also compik a project manual rhat includes the Conditions of the Contract for Construction and Specifications, and may include bidding requirements and sample forms.
§ 3.4.4 The Architect sha!I update the estirn ate For the Cost of the Work prepared in accordance with Section 6.J
§ 3.4.5 The Architect shall submit the Construction Documenrs to the Owner, advise the Owner of any adjustments to the estimate of the Cost of the Work, take any uc11on required under Section 6 5, and request the Owner's approval.

§ J.5 Procurement Phase Services
§ 3,5,1 General
The Architect shall assist the Owner in esrnbli,hing a Iist <:>f prospective contractors Following the Owner's approval of the Construction Documents. the Architect shall assist the Owner m (I) obtaining either compeiitive bids or negotiated proposals: t2> conlirrnmg responsivene5s of bids or proposals; ()J determinmg rhe successful bid or proposal. if any: and. l'+\awarding and preparing COllintC:iS for construction
§ 3.5,2 Competitive Bidding
§ 3.5,2.1 Bidding Documents shall consist of bidding requirements and proposed Con tract Docurn ents.

§ 3.5.2.2 The Architect shall as:;is: the Owner in biddin the Project by:
facilitating the distribution of Bidding Documents to prospective bidders;
organizing and onducring a pre-bid •:Dnference for prospective bidders:
preparing responses to questivns rrom prospective bidders and providing clarifications and int!!rprecations of the Bidding Document5 to the prospective bidders in the form of addenda: and,
organizing and conducring the opening of the bids, and subsequently documenting and distributing che bidding results. as direc1ed by the Owner.
§ 3.5,2.3 If che Bidding Documenrs permit subs titut tons, upon the Owner's wrirren authorization, the Architect sh.alL as an ,-3,dditional Service. consider requests for substitutions and prepare and distribute addenda identify mg approved substitutions to al I prosp<:ctive bidders
§ 3.5.3 Negotiated Proposals
§ 3.5.3.1 Proposal Documents shalt consist of proposal reqLmements and proposed Contract Documents.

§ 3.5.3,2 The Architect shall assist the Owner in obtaining proposals by:
facilitating the distribution of Proposal Documents for distribution to prospecttve contractors and reques!mg the1r retu m upon comp lei ion of the negotiation process;
organizing and participaiing in se!ec1ion interviews with prospective contracrors;
preparing responses to question; from pmspecn ve con tractors and pro,·id ing clari fieal ions and interpreta11on:; or the Proposal Documents to the prospecllv,;: contracwr, in the fom1 of addenda: and,

!'<IA Docum n: B101 -201' Copycgot© '974, 1976, 1987, 1997, 2007 and 2017 All lignts reserved 'The Amelica ins lule oi ArGiitects," Amer,car, 1nst1tute ot An::::h1 ects, "AIA," th,e AIA Logo. ard ''AIA Contract DaCJJrnerts" are trademarks af Tile. Amer.can nst1tute of Afch1tects Tn1s. document was prod1...ced al l 6:3/ 05	8

lnit.

ET en O117 512024 under Order No 4104247527 which expires on 12112/2024. 1s not for resale 1s licensed 'or ore-time use only and may only be used 1n aCC0f'1arca with :he AlA Contract :Joc.urnenc T rms of SeMce To repor. copyr.ght 'lliolatior 3, e-mail :::lDcinfo@oiaco11tracts aJm
IJser Notes:	(850573 1631

	participating in negotiations with prospective contractors, and subsequently preparing a summary report of the nego riati on resu Its. as directed by the Owner.

§ 3,5.3.3 If the Proposal Documents permit substitutions, upon the Owner's written authorizatlon, the Architect shall, as an Additional Service. consider requests for substitutions and prepare and distribute addenda identi I')ing approved substitt1tions to ail prospective contractors.

§ 3.6 Construction Phase Services
§ 3.6.1 General	•
§ 3.6.1.1 The Architect shall provide administration of the Contracc between the O\\TJer and the Contractor as set forth below and in AIA Documeni r\20 I ni-20 l 7, General Conditions of the Contract for Construciion. If the Owner and Contractor modify AJA Document A20 !-20 t 7, those modi fica,ions shall not affect the Architect's services under this Agreement unless the Owner and the Architect amend this Agreement.

§ 3.6.1.2 The Architect shall advise and consult with the Owner during the Construction Phase Services. The Architect shall have authority to act on behalf of the Owner onl)' to the eJ<tenr provided in this Agreement. The Architect shall not have control over, charge of. or responsibility for the cormruct1on means. methods. techniques. sequences or procedures, or for safety precautions and programs in connection with the Work, nor shall the Architect be responsible for the Contractor·s failure to perform the Work in accordance with the requJremenLS of the Contract Documents.. The Architect shall be responsible for the Architect's neg!igen! acts or omissions, but shal I not have control over or charge
of. and shall not be responsible for. acts or omissions or the Contractor or of any other persons or entities perfonn ing pon:ions of the Work, unless failure is due to the Architect's acts or []missions.

§ 3.6.4.3 Subject to Section 4.2 and except as provided in Section 3.6.6.3, the Archi tecrs responsibi liry to provide Construction Phase Services commences with the award of the Contract for Construction and terminat::s on the date the Architect issues the fina, Certificate for Payment.

§ 3.6.2 Evaluations of the Work
§ 3.6.2.1 The .-\rchitecl shall v1s1t the ,ite at intervals appropriate to the m1ge of onstruct1on. or as otherwise required in this Agreement. to become general!;- t'am1liar \ ith, and ke p Owner informed about, the progress and quality of the portion of the ¼ ork completed. and 10 detem, inc, in general, 1f the Work observed i:; being perfonned tn a manner indicating rhar the Work, when ful I completed, wi II be in accordance with the Contract Documents However, the Architect shall noc be required to make exhaustive or comirwous on-site inspections lo check the qua.lit:,, or quantil) of the Work. On the basis of the ,ite visits, the Archirecc shall keep the Owner reasonably infonned about the progres and qualify of the ponion of the Work completed. and promptl1 report 10 the Owner ( I J known deviations from the
Contract Documents, (2) kno"n deviations from the most recent cons1ruction schedule submitted by the Contractor,
and (3) defects and deficiencies observed m the Work.

§ 3.6,2.2 The Architect shall reject Work that to their knowledge does not conform to the Contract Document;, unless otherwise authorized by the Owner Whenever the Architect considers it necessary or advisable. th  Architect shall have the authority to require inspection or testing vf the Work in accordance with the provisions of the Contract Documents, whether or not the Work is fabricated, instalkd or compkted. Ho1\ever, neither this authority of the
,.\rchirc:ct nor a decision made in good faith either to exercise or not to exercise such authority shall give rise to a dut)­ or responsibility of the Architect to the Contrat:tor, Subcomract,m. suppliers, their agents or emplo)ee5. or other persons or emities performing portions of the Work. 1'.othing in this section will relieve the Architect of its duty to use reasonable care to protect the Owner from defective and non-conforming work in accordance with its standard of care

§ 3.6.2.3 The Architect shall interpret and decide maners concerning performance under; and requirements of, the Contract Documents on written request ofeirher the Owner or Contractor. The Architect's response to su-:h requests shall be made in writing within an time limits agreed upon or otherwise with reasonable promptness.

§ 3.6.2,4 Interpretations and decisions of the Architect shall be consistent with the intent of, and reasonably inferabk from, the Contract Documents and shall be in writing or in the form of drawings. When making such lnterpretations and decisions, the Architect shall endeavor to secure faithful performance by the Contractor, shall not show partiality to the contractor, and shall not be liable for results of interpretations or decisions rendered in good faith and without negligence. The Architect's decisions on macters relating to aesthetic effect shall, after consultation with the Owner. be final if consistent with the intent expressed in the Contract Documents.

.AIA Document B1O"· - 2017 Copyright© 197 4. I g•is, 1987, 1997. 2007 and 2017 All 1gats reserved "The American lnst:tute ol Arcllitects,•  "American Institute of

lnit

.'\rchiiects,'' "AIA," the AIA Logo, and "AIA Contracl uocuments" arre trademarks of The American instiNte of Architects fh1s □ocumenl was produced al 16 37 OS	9
ET on 0111512024 under Order No 4104247527 wh,ch expires on 12112/2024. is not for resale, is licensed for one-time use only, and may only be used ,n cccrdance with ihe- AIA Contract Oocurrents8 rsm,s of Service. Ta report copyr:ght violations, e-mail doc1nfo@a1c:1contracts corn
User Notes:	(860578 '.63)

§ 3.6.2.5 Unless the Owner and Contraccor de,ignate another person to serve as an Initial Decision 1-.fak.er, as that term is defined in A IA Document A201-2017, lhe Ard1itect shall render initial decisions on Claims between the Owner and Contractor as provided in the Contract Documenrs.
§ 3.6.J Certificates for Payment to Contractor
§ l.6.3.1 The Architect shall review and certify the .imounls due the Contractor and shall issue certificates in such amount . The Architect's certification for payment ,hall constitute a representation to the Owner, based on the Architect's evaluation of the Work as provided in Section 3.6.2 and on the data comprising the Contractor's Application for ?ay m ent, that. to the be,t of lhe Architect's know Iedge, information and be!ief, the Work has progressed to the point indicated. the qualiry of the Work is in accordance with the Contract Documents, and that the Contractor is entitled to payment in the amount certified. The foregoing representations are subject to ( l Jan evaluation of the Work for conformance w11h the Contract Documents upon Substantial Completion. (2) results of subsequent tests and inspections. ( 3 l correction of minor deviations from the Contract Documents prior to completion, and !.4) specific qualifications expressed by the Architect The Architect will not certify any payment application to the extent the contractor has not submitted appropriate waivers of claim or other d01:uments required by the contra<:t documents_
§ 3.6.3.2 The issuance of a Cenificate for Payment shall not be a representation that the Architect has (!)made exhaustive or continuous on-site inspections to check: the quality or quantity of the Work, (2) reviewed construction means, methods. cechn iq ues. sequences or proced urt!s. (}) reviewed copies of requ1sit ion5 received from Subconrractors and suppliers and other data requested by the Owner to substantiate the Contractor's right to payment, or (4 l ascertained how or for what purpose the Contractor has u;ed money previously paid on account of the Contract Sum.

3,6.3.3 The Architect shall maintain a rernrd of the Applications and Certificates for Payment.

§ 3.6.4 Submittals
§ 3.6.4.1 The ./\.rchitect shat I review the Contracwr's submittal schedule and shall not unreasonably delay or withhold approval of the schedute. The '\rchitect's action in reviewing subminals shall be taken in accordance with the approved submittal schedule or, io the abs.ens:e uf an approvitd submittal schedule. with reasonable promntness while alluwing :;ufficient time. in the /1.rchitect's professional judgment, to permit adequate review.
§ 3.6.4.2 The Architect shall review and approve, or take ;:ither appropriate action upon, the Contractor's submittals sllch as Shop Drav. ings. Product Data and Samples. but only for the limited purpose of checking for conformance wich information giwm and the design concept expressed in the Contract 11ocumcnts. Review of such subm ittals is not for the purpose of detenTI ining rhe accurac)' and completeness of other information sue h as di mens ions, quamitics, and installation or perl'ormance of equipment ur systerr.s. 1 hi1:h are rhe Contractor's responsibility. The Architect' revit:w
,hal I nut onsli tu te approval of safety precaution, or ,;or.struct1on means, methods. rech n iq ues, ,eq uences or procedures, however. if the Architect is aware of such a safety concern. the Architects shall bring 1t to the Owners anention. fhe Architect 1s heILi to the professional srandard of care with respect to applicable laws. rules. and regulations. The Architect·s approval ofa specilic item shall not indicate approval ofan assembly of which the item is a component. lf a submittal does r.ot comply with Cuntract Document requirements. the A rchitcct shall cause the Contractcr to come into compliance, and shall promptly notify the Owner, in writing.

§ 3.6.4.3 !f the Contract Documents specifically require the Contractor to provide professional design services or certifications by a design professional related 10 systems. materials, or equipment. th;: Architect shall specify the appropriate performance and design criieria 1ha1 ,uch ser'.·ices must satisfy The Architect shatl re i-.:w and take appropriate action on Sh<.Jp Drawings and other submittals related m the Work designed or certified by the Contractor's design professional, pnwided the submittal:; bear such profes;;ional 's seal and signature when submitted to the Architect. The .'\rchirecr's revie" shal I be for  the limited purpose of checking for conformance with infom1ation given and the design concep1 expressed 1n th.: Contract Documents. The Architect shall be entitled to rely upon, and shall not be responsible for. the adcquac · and accuraq of the c;ervices, certifications, and approvals performed or provided by such design professior1al$.

§ 3.6.4.4 Subject to Section 4 2. tlie Architect shall review and respond to requests for information about the Contract Documents. The Architect shalt set forth, in the Contract Documents. the requiremems for requests fur information_ Requests for information shall include, at a minimum, a detailed wrinen statement that indicates the specific Drawtngs

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U&i!r Notes:	(660578 1 63)

or Specifications in n d of clarification and the nature of the clarification requested. The Architect's response to such requests shat! be made m writing within a.ny t[me limits agreed upon, or orhcn¥ise with reasonable promptness. If appropriate, the Architect ,hall prepare and issue supplemental Drawings and Specifications in response to the requests for information.

§ 3.6.4.5 The Architect shall maintain a record of subrnittals and copies of submittals supplied by the Contractor 1n accordance with the requirements of the Contract Documents.
§ 3.6.5 Changes in the Work

§ 3.6.5.1 The Architect may, after consultation with the Owner or Owner's designated representative, order minor changes in the Work that are ons1sten1 with the intent of the Contract Documents and do not involve an adjustment in the Contract Sum or an e tension of the Contract Time. Subject to Section 4.2, the Architect shall prepare Change Orders and Construction Change Directives for the Owner's approval and execution in accordance with the Contract Documents.

§ 3.6.5.2 The Architect shall maintain records relative to changes in the Work.

§ 3.6.6 Project Completion
§ 3.6.6.1 The Architect shall:
	conduct inspections to deterrn ine the date or dates of Substantial Completion and the date of final completion:
issue Certificates of Substantial Completion;
.J		forward to the Owner, for the Owner's rev1e" and records. written warranties and related documents required by the Contract Documents and received from the Contractor; and,
.4		issue a final Certificate for Payment based upon a final inspection indicating I.hat to the best ofrhe Architect's knowledge. information, and belief, the Work complies w[th the requirements of the Contrac,; Documents.
§ 3.6.6.2 The A rchltect' s inspections shal I be conducted with the Owner to check conformance of the Work with the requirements of the Contract Documents and to verify the aceuracy and comp Ieteness of the Iist submitted by the Conrrac:tor of Work to be completed or correqed.

§ 3.6.6.3 When Substantial Completion has been achieved, the Architect shall inform the Owner about the balance of the Contract Sum remaining to be paid the Contractor. including the amount lo be retained from the Contract Sum. if any, for final completion or correction of the Work.

§ 3.6.6.4 The Architect shall forward to the Owner the following information received from tile Contractor: ( l) consent of surety or sureties, if any. to reduction in or panial release of retainage or the making of final payment; (2) affidavits, receipts, releases and waivers of liolns, or bond indemnifying the Owner against liens; and (3) any other documentation required of the Contractor under the Contract Documents.

§ 3.6.6.5 Upon request of the Owner. and prior to the expiration of one year from the date of SubstaJ1tial Completion. the Architect shall, without additional compensation, conduct a meeting with the Owner to review the facility operations and performance.

ARTICLE 4  SUPPLEMENTAL AND ADDITIONAL SERVICES
§ 4.1 Supplemental Services
§ 4.1.1 unless provided on the Proposal, the services listed below are not in:;luded in Basic Services but may be required for the Project. The Architect shall provide the listed Supplemental Services only ifspecificall)' desiguated in the Proposal or table below as the Architect"s responsibility. and 1he Owner shall compensate Lhe Architect as provided in Section 11.'.2 or the Proposal. L:nless otherwise specifically addressed in this Agreement, if neither the Owner nor 1he Architect is designated, the parties agree that the listed Supplemental Service is not being provided for the Project.
(Designate the Architect's Supplemental Services and the Owner's Supplemental Services required for the Proje ·r by 111di.:ating wherher the Arch11ee1 or Owner shat! be responsible for providing the identified Supp/ementu/ Service

A!A Document a101 - 2017 Copyright 197 4 ·, 976, 1987, 1997 2D07 and 2017 Al: rights reserved "Ttle Arnenc:an lnsiitut;e of Architects,·• Amer.can lnsl •,te of Af'diirects.·· "AIA," the AIA Lago, and "AIA Contract Oocurnenls" a"' trademark, of fhe ,.._merican lnstirnte of Archi ec1s This document was µrocluc a at 16.37:05  11 ET on 01.115/202" under Order No.4104247527 which expires on 12112/2024. is notior resale, is !icers;sd for one-time use :,nJy, and may oniy be used in

lnit.

accordance wilh the AIA Canlract Dacum.,nt:s® Terms of Service To report copyright violalions e-mail docinfo@aiacantracis co,r,
User Noras:	(S6057B15J)

lnserl a descripllon oj the Supplemenlal Services in Secrion .:/ I 2 be/aw or attach the description of services as an exhibi110 this Agreemelll)

Supplemental Services

Responsibility

§ 4.1.1.1
§ 4.1.1.2

Programmi(!g
Multi ole oreIim inarv des isms

I

I

Not provided
Architect if requested by Own er Architect if requested by Owner Owner if requested by Architect Architect if requested by Owner
Not provided

I
i

i

§ 4.1.1.6

Building lnfonnatiofl Model managemem
resoons ibilities

'

§ 4.1.1.7

Civil engineering

Development of Building [nformation Models for I
l1ost construe ti on use
I

Not provided

I
[ § 4,1.1.8
§ 4.1.1.9

Landscape design

I
I

§ 4.t1.10 /\ rchitecrnra! interior desi an

Architect if requested by Owner Architect if requested by Owner
Architect if requested by Owner

§ 4.1.1.5  Site evaluation and planning

§ 4.1.1.4	Existing facilities surveys

§ 4.1.1.3	rvleasured drawings

I -1rd,iti',·/_ O,v ner. or no/ ('nJVidedJ	J

.--------------------------'-- ;..,	cc.	=_._.

_;, 

-·1

§ -4.1.1.11 Value analysis	Not provided

§ 4.1.1.12 Detailed cost estimating beyond that

 4.1.1,13 On-site roiect re resentatio[l	 	

	re uired in Section 6.3		_t

Not provided

Architect if requested by Owner

4.1.1.14 Conformed documents for construction	Architect if requested by Owner

;  § 4.1.1.15 A;-designed record drawings	
§ 4,1.1.16 As-constructed record drawi[l· -­

Architect if :eque:;ted by Owner Not provided

---!

l § 41 '117 post-occu anci' eva uat1on

-	1

' ..

A..rchitect if requpsted by Owner

§ 4.1.1,18 Facilit,. , ue ort services
I § 4.1.1,19 Tenant-related services
;§ 4.1.1.20 Architect's coordination of the Owner's consultants
§ 4.1.1.21 Telecommunications/data desien
§4.1.1.22 Securi!;t: evaluation and 1:11.:1nninfai
§ 4.1.1.23 Commissionine

r.
I
---I

'

Not provided

--

Not provided

Arch itc t if requested by Owner

·----- -

'§ 4.1.1.2.4 Sustainable Project Services pursuant to Section

Not provided Not provided Not provided
Not provided

----

I	4.1.3	

I§ 4.1.i.25 Fast-track desiim services
.§4.1.1,26 M1Jlti2le bid i:,ackages

--

'

Not provided
Not provided Not provided

I § 4.1.1.2s Furniture, furnishings. and eQuipment desi n
§4.1.1.29 Other services orov ided b) soec ial ty Consul tants
'._.§ 4.1.1.30 Other SUQEJlemental Services

! § 4.1.1.27 Historic oresorvation

!

--- 	\lot provided	

---

Not provided

-

Not provided

§ 4.1.2 Description of Supplemerital Services
§ 4,1.2.1 A des.:ription of each Supplemental Service identified in s c1ion 4.!. l as the An.:hitec:t's re,ponsibility is provided below_
tDeK•·ibe in deluil 1h11 .-lrchEiec1 ·s S1tppleme,11af Sen•1ce, ulen:r_tied in Seaum 4 I I or. if wfji,rth inan e_,hibi1. 1de11/lfy the exhibit The .--J /.'/ p11b/1 hes a n1'mber :.,{Swndard form o/.4ffl11reL·1·s Services d,Kumenis thw cun be 111<:luded as an exhib11 Ir.> deo·uibe rhe Ar.:h11ec1 o S11pplemen/a/ Ser:ices; Refer r_o the standard forms.

A:A Document 610' - 2017 Copynght© 19H 1978 1987 1997 2007 3f10 2017 Ail nght reserJed "The Arnencan lns tute of Architects." 'Arner•can Inst.lute of

lnit.

.'lrco,rects • "AIA," the AIA Logo and "AIA Cantr ct clocuments" are trademarks oi The American ,ns\L\ute of Ar h,tects Th.s docurneot was produced at 16 37 05  12
ET on 01/1512024 under Qr(1er No 4104247527 which expires on 12/12/2024, ts riot tor resale rs licensed for one-timi;:!'. use only, and may only b used in accordance w1tt1 the Ai'A Contract -Joc.urnents 7".arm.s ::if Service -:-o re ort coprnghr v,aiarjons. -mait dodnfo@aiaco:,trac s cam
Us ,- Notes:	( 860573 53)

§ 4.1.2.2 A description of each Supplemental Service identified in Section 4.1. l as the Owner's responsibility is pro·,ided below.
(Describe in derail the Oirner 'J Supplemen1al Services identified in Section 4 I I or. ifsetjorlh in an exhibil, identify
!he exhibit.)

Standard surveys, test borings (geotechnical), special inspections, and any state purchasing programs are under the Owners responsibilities, telecornmunicacions and security services.

§ 4.1,3 If the Owner identi lied a Su ,taina ble Objective in .A, nicl e l, the Architect shalf provide, as a Supplemen tat Ser\< ice. the Sustainability Services required in All\ Document E204T"-201 7, Sustainable Projects Exhibit. attached to this Agreement. The Owner shall compensalc the Architect as provided in Section l l .2.

§ 4.2 Architect's Additional Services
The Architect may provide Additional Services aft.::r execulion of this Agreement without invalidating the Agreement. Except for services required due to rhc fault of1he Arcl1itec1 or includt:d in the Proposal. any Additional Services provided in accordance with this Section 4.2 shall entitle the Architect to compensation pursuant to Section l U and an appropriate adjustment in the J,.rchitcct ·s schedule, subject to the Owner's prior written approval.

§ 4.2.1 Upon recognizing the need to perfonn the following Additional Services, the .-\rchi1ei:t shall notif1 the Owner wid1 reasonable promptness and e p!ain the fact$ and circumstances giving rise to the need. The Architect shall not proceeJ to provide the following Additional Services until rhc Architl!ct receives the Owncr·s written auihori.:ation:
	Servi.::es m:ce$sitated by a hange in the Initial lnfomiaricn, previou5 instrucrions 0r approvals given by the Owner. or a materiai change in the Prujecr including size, quality, complexity. the Owner', schedule or budger for Cost of the Work., or pro.::uremcni or delivery method:
Services necessitated by the enactmenr or revision of codes, laws, or regu(ations. indL1ding .-::hanging or editing prevtousty prepared fnstrum.:nts of Service;
	Changing or ed it1ng pre"1ously prepared l nstruments of Service necessitated by official interpretations of applicable cod"',., laws or regulations that are eithl!r (al contra!) to specific interpretations by the applicable authonties having jurisdiction made prior to the issuance oi the building permit. or ibl contrary lo requ1remenrs of the rnstrumen1s of Service when those lnstrumenr; uf Service were prepared in accurdance with the apptica ble standard of care;
Services necessitated by decisions of the Owner not rendered in a timely manner or any other failure of perfomil1!ce on the part of the Owner or the- Owner's consultants or contractors;
Preparing digital models or other design documentation for transmission to the Owner's consultants
and contractors. or to oih-:::r Owner-auchorlzed re.:ipients;
Preparation of design and documentation for alternate bid or proposal requests proposed by the Owner:
Preparation for. and attendance at, a public presentation, meeting or hearing;
.S		Preparation for, and attt":ndance at, a dispute resotu1io11 proce.:ding or ! gal proceeding, except where the Architect is party thereto;
E alua,ion of the qualifications of entities providing bids or proposals;
Consultation concerning replacement oI' Work resulting from fire or other cause during construction; or,
Assistance to the [nitial Decision Maker. if other than the Architect
Reviewing a Contractor's submittal out of ,equence from the submittal schedule approved by 1he Architect;
	Responding to the Contractor's requests for information that are not prepared in accordance with the Contract Documents or where 5uch information is available to the Contractor from a care fol study and comparison of the Contract Documents. field conditions. other Ov.ner-provide<l information.
Contractor*prepared coordination drawings, or prior Project correspondence or documentation,
Preparing Change Orders and Construction Change Directives that require evaluation of Contractor·;; proposals and supporting data, or the preparation or revision of Instruments of Ser.-·ice:
Evaluating an extensive number of Claims as the Initial Decision !\--!ak<Jr; or.
	Evaluaung substitutions propo:ied b)' the Owner or Contractor and making subsequent revision; to Instruments of Service re5ulting therefrom .
For any coordination of required ar.:hitecture orengrneering necessary 10 integrate goods or services

A!A Docu,r,ert a 101 - 2017 Ccpyngnl  1974_ 9711. • 901 1997 2007 ud 2017 All ngh:t. reserv,l(j 'Thor Amencan 1r·s 1ute of Arc ite,;tc.: ·Ame,·can ,nst,tu:c ol Arcn,tecLs•. -AJA: l'1e AIA Loge an:l ·AJA Cc trac1 OoctJments· -;ore trademarks or Tne ",merocan lns u,:e or ArcnlleCt5 TllJS do;:umer.t wu roduced at \S 37 CS 13

lnft.

ET or O1/151202-< under Order No 410424 '527 wh<d' e><prres on 121121202.i ,s not for resale ,s 1;cen ed tor one--ume u6" only. aM may on, beuseo r.
.tccar::1ance 'N1tn toe AIA Con:ract uocum:>""'" Teems :if S.ervrce To repor1 copyn1,1N voolallons e-mail dcc,n!o@-a,acortrac1s com
User Not s:	(S6057i!15J·

purchased or provided ''out of contract" by the District (i.e. stadium lighting I the Arcllitect wit! be reimbursed at hourly rates as noted in l I .J The cost of such goods and service.; obtained "out of contract" shal I not be included in the total construction budget upon which the percerttage fee is based as set forth in Section I I. 1.2

(Paragraphs de!ered)
§ 4.2.3 The Architect shall provide the following Construction Phase Services.
	Up to iwo (2) reviews of ead1 Shop Drawing, Product Data item, sample and similar submittals of the Contractor
Bi Weekly visits to the ;;ii<'! by the Architect during cor1>1ru-:t1on
Bi Week! visual review for an)' portion of the Work to determine whether such portion of the Work is
substantially complete in accordance with the requirements of the Contract Documents
Up 10 two (2) visL1al reviews for any portion of the Work to determine final completion.

§ 4.2.4 Except for services required under Section 3.6.6 5 and those services that do not exceed the limits set forth in Section 4.2..\ Constn.iction Phase Seri,,ices provided more than 60 days after ( l) the date of Substantial Completion of the Work or (2) the initial date of Suos1antial Completion identified in the agreement between the Owner and ConEractor. whichever is earlier. shalt be compensated as Additional Services to the e:i:tent the Architect incurs additional cost in providing thl'se Construction Phase Services as approved by the Owner.

§ 4.2.S If the services covered b:y thi:; Agre..,mem have not been completed within nine ( 9 ) months of !he date of this Agreement. throug!i no faul1 of the Architect, exrension of the Architect's services beyond that time shall be compensated as AdditiQnal Services as approved b) the Owner.

ARTICLE 5	OWNER'S RESPONSIBILITIES
§ 5  Owner to provide latest updated CA.DD (d, g) and PDF files of Owner provided consultants.

§ 5.1 Unless otherwise provided for under this Agreement, the Owner shall prov1de infom,ation in a time!} manner regarding requirements for and lirn1tat1ons on the ?roJect, including a written program. which shall set r0rth the Owr1cr·s ob1 ctives; schedule: cor. traint, and criteria lnciuding space requirements and relationships: flc.xibility:
:!Xpilndat,itiry: special equipment: sy$lcms: and site requirements.
§ 5.2 The Owner hall r.s1abl1,h the Owner's budget for the Projec!. after the comp tenon of Phase 5, schemc1t1c design phase. including i I I lh<! allo-:ated blldgct for the C0s1 of the \Vork The Owner shalI update the Owner"s budgt'l for the Project a,; necessary throut1out the duration of the Project uncil final cr,mpletion. If the Owner significantly increases or decreases the Owner's budget for the Cost of the Work, the Owner shall noul) the Architect
§ 5.3 The O, ner shall identify a represt!n!J.til'e authorized to act on the Ow:1er·s behalf with respect to rhe Project. The Owner shall render decisions and approve the Architect"; submir:als in a timely manner in order,(, avoid unreasonable delay in the orderly and sequential progress of the Architect', services.

§ 5.4 Th.: Owner _;hall furnish surveys to describe phr;ical characteristic,. legal limitation and utilit;v locations for the 5itc of the Project. and a written legal de cription of the site. The surveys and legal information shall include, JS applicable. grades and lines of ;ire.:t5. alle-ys. pa,t:ments and adjoining property and structures. designated 1,etlands; 3dja::ent drainage: righ1s-of-wa>. restriction$, easements. encroacnments. zoning. deed restrictions. boundarie and contours of the si1e: locatil,ns. dimensions. and other necessary data with respect to existing buildings, oth.:r
impmve ments and trees; and information concerning available uii Iity services anct I ines, oo th pub!ic and pri vace.
above and below grade, irtcluding in erts and depths. A 11 rhe information on the surve:, shall be referenced to a Project ben.;hmark.

§ 5.5 The Owner shall furnish services of geotechnical engini:-ers, 1-1-hich may include test borings. test pits, determinations of soiI bearing lialues. perco lat ion tests. evaluations of hazardous materials. sei sm 1c valuation. ground corrosion tests and resisti 1ty tests. including neces$al) nperations for anucipating ;ubsoi I condi!ion,. with wrinen reports and appropriate recommendations.

§ 5.6 The Owner shall provide the Supplemental Services designated as the Owner's re5ponsibility in Section 4 l

AIA Document B101 - 2017 Copyright :s> 1974 1978 1'187, ''.l97, ZG07 and 2017 All rights ,eserved 'The A,-r,encan lnst;tu1e or Architects· ·American lnstm,1e of Architects,·· ''AIA." the ArA Logo and• AIA Contract Documents" are trademarks of The A.mencan lnstltute of Arcnitects Th;& docJment wa produced .at 16 7:0S  14

lnit.

ET on o r1512024 under Order No 4104247527 which xpires on 12/1212024, is ·iot for resa.'e. ,s tce sE!d for o,,e. ne useonly. a d ma\· or.ly be ussd n accordance witt- the AfA Cont;--; ct Documents I erms of Service To report c:□py right •1!01 at ions. -niai I :iocu fo@a I aeonlra els.com
User Notes;	i 660579 16 3)

§ 5.7 I fthe Owner identified a Sltslainable Objective in Article 1, the Owner shal I fulfill its responsibilities as required in AIA Document E204n1-2017, Susrainable Proj.:cts Exhibit, attached to this Agreement. J\i/A
§ 5.8 The Owner shall coordinate the services of its own consultants wirh those services provided by the Architect. Upon the ,\ rchitecc's request, the Owner shall furnish copies of the scope of services in the conrracts betv,een the Owner and the Owner·, consultants. The Owner shall furnish the service.:; of consultants other than those designated as the responsibility of the Architect in this Agreement, or authorize the Architecl to furnish them as an Additional Service. when the Architect requests such services and demonstrate;; that they are reasooabl)' required by the scope of the Project.

§ 5.9 The Owner shall furnish tests. inspections and reports required by law or the Coritracl Documents. such as structural, mechan1cal, and ch mical tests. tests for air and water pollution, and tests for hazardous materials.

§ 5.10 The Owner ihal] furnish all legal, insurance and accounting services. including auditing services, that may be reasonabl> necessary at any time for the Pro.1ect to meet tlw Owner's needs and interests.

§ 5.11 The Owner shall provide prompt written notice 10 the Architect if the Owner becomes aware of any fault or defect in the Project, including errors. omissions or inconsistencies in the Architect's lnstrumerus of Service.

§ 5.12 The Owner shalt include the Architect in all communications with the Contractor that relate to or affect the Architect's services or professional respons ibi Iities. The Owner shall promptly notify the ,.\ rchlled of the substance of any direct communica1io11s between rhe Owner and the Contractor otherwise relating t0 1he Project. Cumrnunicat,ons by ,md with the .\rchi tect's consultants shal I be rhrough the Architect.
§ 5.13 The Owner shall provide the Arch.itect a copy of the executed agreement between ,he Owner and Contractor, including the General Conditions of the Contract for Construction.

§ 5.14 The O\\ITJer shall provide the Architect access to the Pro1ect site prior to commencement of the Work and shall obligate the Comractor to provide the Architect access to the Work wherever it is in preparation or progress.

§ 5.15 \Vithin 15 days after receipt of a written request from che Architect, the Owner shall furnjsl, the requested information as necessary and relevant for the Architect to evaluate, give notice of, or enforce lien rights.
ARTICLE 6	COST OF THE WORK
§ 6.1 For purposes of this Agreement, the Cost of the Work shall be the iotal cost to the Owner co constru.::t all elements of the Proje.::t designed or specified by the Architec! and shall include conrractors' general conditions costs. uverhead and profit. The Cost of the Work also includes th reasonable value of labor. marerials. and equipment, donated to, or otherwise furnished by, the Owner. The Cost of the Work does not indude lh.: .::ompensarion of the
A rchitecr; the costs of the land, righrs-o f. way. financing. or contingencies for hanges in the Work. or other costs that are the responsibility of the Owner.

§ 6.2 The Owner's budget for the Cos, •J rthe Work 1s pr,J, tded 1t1 Initial lnforrnarion. and shall be adJusted throughout the Project as required under Section5 5.2, 6.4 and 6.5 Evaluations ofrhe Owner·3 budget for the Cost of the Work. and the preliminary estimate of the Cost of the Work and updated estimates of the Cost of the Work. prepared by !he Architect, represent the Architect's judgment as a design proressiona.L It is recogmzed. however. that neither the Architect nor the Owner has control over the cost of labor, ma,erials. or equipment; the Contractor· s methods of determining b(d prices: or competitive bidding, market, or nego(iaring conditions. Accordingly. the Architect cannot and does not warrant or represent that bids or negotiated prices will not vary from the Owner's budget for the Cost of the Work, or from any estimate of the Cost of the Work, or evaluation, prepared or agreed to by the Architect.

§ 6.3 ln preparing estimates of the Cost of Work, the Architect shall be permitted to include contingencies for design, bidding, and price escalation; to determine what materials. equipment, component systems, and types of construction are to be included in the Contract Documents; to recommend rea:;onable adjustments in the program and scope of the Project; and to include design alternates as may be necessary to adjust the estimated Cost of the Work to meet the Owner's budget. The Architect's estimate of the Cost of the Work shall be based on current area, volume or similar conceptual estimating techniques. rfthe Owner requires a detailed estimate of the Cost of the Work, the Architect shall provide such an estimate, if identified as the Architect's responsibility in Section 4.1.I, as a Supplemental Service.

lnit.		AIA Document 8",01 - 2017 Copyright© 1974, f gnJ, 1987, 1997 200? and 2017 All Hghts res.,,ved "The Arrerica11 Institute of Architects,"' American lrs,iMe of Architects." "AtA• the AIA Logo and "AIA Contract Documents' are trade'Tlarks of The American Institute of ArcMects This document was produced at '6 37:05

15

ET o,o 0 1/15/2024 under Order No 4104247527 which expires o,, 12/1212024. is not for resale, is licensed for one-time use only and may or1ly be used ;n accordance with the AIA C::1r.tract Oocumems61 Terns of Se:vice To report copyr:"ght v1olat:ions. e-mail docinfo@ai.ac0n1r;:1cts corr
Usu Notes:	(850578'.<i:li

§ 6.4 If. through no fault of the Architect. the Procurement Phase ha;; not commenced within 90 days after thl! Architect submirs the Construction Documents lo the Owner. the Owner's budget for the Cost of the Work shall be adjusted to reflect changes in the gem:ra/ level or prices in the applicable construction market, upon the written approval of the Owner

§ 6.5 lf at an> time the Architect's estimate or the Cost of the Work exceeds the Owner's budget for the Cost of the Work, the Architect shall make appropriate recommendations to the Owner to adjust the Project's size, quality, or budget for the Cost orth.: Work.

§ 6.6 lf the Owner's budget for the Cost of the Work at the conclusion of the Construction Documents Phase Services is exceeded by the lowest bona fide bid or negotiated proposal, the Owner may. in its sole discretion engage in one or more of the following:
give wrinen approval of an increase 111 the budget for the Cost of the Work;
authorize rebidding or renegotiating oft he Pruject within a reasonable time;
terminate in accordance wi£h Section 9.5·.
-4	in consultation wi!h the Architect. revise the Project program, scope, or quality as required to reduce the Cost of the Work: or.
.5	implement any other rnurua!ly acceptable alternative.

§ 6,7 ff the Owner chooses to proceed under Section 6.6.4. the Archi ect shall modify the Constructron Documents as necessary to comply with the Owner's budget for 1he Cost of the Work at the conclusion of the Construcrior1 Document5 Phase Ser,ices, or the budget a$ adjusted under Section 6.6. l. If the Owner requires the Archicect to modify the Construction D,1cum er. rs beca;i e the Iowes t bona fide bid or n egoti ated proposal exec eds the Owner's budget for the Cost of the Work due lo market conditions the Architect could not reasonably anticipate, the Owner shall compensate the Architect for the modificach.ms as an Additional Service pursuant to Section 11.3; other..vise the Architect·:, ;:erv ices for modifying rhe (\instruction D,1c umcnts sh al I be with out add i tiona I compensation Jn any event. the Architect"5 modification of lhe Construction Documents shall be the lim tr of the Ar,hitect's respons,bili t) under this ...\rttcl':! 6,

ARTICLE 7  COPYRIGHTS AND LICENSES
§ 7.1 The Architect and the Owner warrant that in transmitti11g, lnstrumen1s ofServ1-:e, or any other inlorrna1ion, the transmining party is the copyright owner of such information or has permission from the copyrlght awrier to transmit such in formation for its use on the Project

§ 7.2 The Architect and !he Archnect's consulrnnt,; shall be d.:erm:d the authors and owners of their respecti e
! nstrumems orService. including the Draw1ngs and Spec i rications, and shail retain all comm on law. sraturory and other reserved rights. 1ncl ud ing copyngh1s Subm 1ss ion or d istri bL!!Wn of lnstnimems of Sen ice to meet official regulatory requirements or for similar purposes in connecuon wict: the Project 1s not tv be ;;on trued as publication in
derogimon of the reserved rights or the .·\ rch I rect and the A r,h i1ec•! s consu Itams. The Owner shall be per mi reed to retain copies, including reprndu.:ible copies, of all instruments of 5erv1c.:: and informarion and rderence in connection with tile Owner's use and occupancy of the Project

§ 7.3 The Architect grants to the Ownt:r a Mnexclusive license to use the An;hitect's ln,truments of Service olely and exclusively for purposes of constructing, usirig. maintaining, altering and adding to the Project, provided that the Owner 5Ubst.antiall:,, performs ,ts obligations under ,hi:; Agreement, including prompt payment of all sums due pursuant to Article 9 and r\rtrcle 11. The Arch1tec1 ,hall obtain similar nonexclusive licenses from the Architect'z cnnsultants consisienr wah this Agreement. The license granted under this section permit, the Owner to authorize the Contractor. Subcontractor,, Sub-subconlraclOrs. and suppliers. as well as the Owner's consultant;; and ;;eparate contractors. to reproduce applicable poni.:ms of th.: Jnslrurnents of Service, subject to any protocols established pursuant lo Section 1.3, solely and e,cclusively for use in performing sen-ices or constructlon for the Project. !f the Architect rightfully terminates this Agreement for cause as provided in Section 9.4, the llcense granted in this Section i .3 shall terminate.
§ 7.3.1 ln the event the Owner uses the ! ns cruments or Service wlth out retaining tile authors of the l nstrumen ts of

/nit.

Service, the Owner releases the Architect and Archiiect's consultam(sJ from all claims and causes at-action arising from such uses. Th.e Owner, to the extent permitted by law, further agrees to indemnify and hold harmless the A.rchitect and its co11suHants from all costs and expenses. including the cost of defense, related to claims and causes of

AIA Oocc·rnenl B101- 2017 Coo rignt © 7974 1978, 1987, : S97, 2001 and 20:7 Al, ngrts reserveo 'The l\mencan Institute of Architects,· 'Ame.-icar lns:,tute of Architects,· AIA •• tl]e AIA Logo, and·AJA Contract Oocurnenr.s are :rademark.s of ,he American /ns(11ute of Archil cls P11s document was produceo .at l 6:37:05 16 E' on 01/15/2024 under Order No 4 i 042475'27 whic!"I expi s 011 1ll1212021. ,s. :iot for resaie. is licensed for one 6me use orly, and may only be used 1n
a.c-cordan ce with the AIA Coritract Doc1...ments® Terms of Service To !";port c.opyr.ght ,.,·aIatlons. e-rr,aII docInfa@siIacomr,3 ccs .:or.i
User Notes;	(860578153 I

action asserted by ariy third person or entity to the exreni such costs and expenses arise from the Owner's use of the
!nstruments of Service under this St:ction 7.3. I. The tenns of this Section 7.3. l shall not apply if the Owner rightfully terminates this Agreement for cause under Section 9.4.
§ 7.4 Except for the licenses granted iri this Article 7. no other license or right shall be deemed granted or implied under this Agreement. The Owner shall not assign. delegate, sub!icense. pledge or otherwise transfer any license granted herein to another party without the prior written agreement of the Architect. Any unauthorized use of the lnsrruments of Service shall be at the Owner's sole risk and without liability co the Architect and the Architect's consu Itants.

§ 7.5 Except as otherwise stated in Section 7.3, the provisions of this Article 7 shall survive the terminatiori of this Agreement.

ARTICLE B	CLAIMS AND DISPUTES
§ 8.1 General
§ 8.1.1 The Owner and Architect shall commence all claims and causes of action against the other and arising out o t·or related to this Agreemen!, whether in contrnct, tort, or otherwise, in accordance with the requiremen!s of the binding dispute resolution method selected in this Agreement and within the period specified by applicable law, but in any case not more than IO years after the date of Substantial Completion of the Work. The Owner and Architect waive all claims and causes of action not commenced in accordance with this Section 8.1. l.
§ 8.1.2 To the extent damages are covered by property insurance. the Owner and Architect waive all rights against each other and against the contractors, consultanrs. agents, and employees of the other for damages. e11cept such right5 as they may have to the proceeds of such insurance as set forth in AIA Documern A201-10 ! 7, General Condi1io11s of the Contract for Construction. The Owner or the Architect, as appropriate, shall require of the contractors, consultants, agents, and employees of any of them. similar waivers in favor of the other parties enumerated herein.
§ 8.1.3 The Architect and Owner waive consequential damages for claims, di pules. or other matters in qm: tion, arising out ofor relating to this Agreement. This mutual waiver is applicable, withoul !irnitJtion, lo all consequ ntial damages due to either pany'5 termination of this Agreement, except as specifically provided in Section 9.7.

§ 8.2 Mediation

§ 8.2 .1 The Owner and the Architect may, by writterJ agreement, submit any claims. disputes, or matters w mediation upon. such terms as shall be murually agreed upon.

(Paragr<1ph deleredl
§ 8.2.3 The parties shal I share the mediator's fee and any filing fees equally_The mediation shall be held in the place where the Project 1s located. unless another loca1i0n is mu,ually agreed upon. Agreements reached in mediation ,-hall be enforceable as settlement agr<'!ements in any court having jurisdiction thereof.
§ 8.2.4 If the parties do not resolve a dispute through mediation pursuant to this Section 8.2. the method of binding dispute resolutiori shalJ be the following.-
(Check the appropriale box)

[ X]		Arbitration pursuant to Section 8 3 of this Agreement Litigation ln a court of competent jurisdiction
Other: (Specify)

[fthe Owner and Architect do not se[ect a merhod of binding dispute resolution, or do riot subsequently agree in writing to a binding dispute resolution method other than litigation, the disputt: will be resolved ln a court of competem j uri sd icti on.

AIA ;Jocumenl a·o· - 2C17 Copyngti! ,i;) •97.1_ 1978. \967 1997. 2007 and 2017 A:I nghts reser.,ad ·r e AM ncan lnst,tute ol An:Mec:s• 'Amar1ca11 nsl1lutc ol Art:h,Lects: ·A:A.· l e AIA Looo and "A.A c nlr.act :Jocumcnts· are tracterna,Jc:s o! The American Jns!iluJe ol ¾c ,tects This doc.umenl was proouced at 16 J7·05 17 i; on ;)1/1,/20.N under0fderNo4104247527wn1ch exp·ros " 12/1212024. ,s O!for-esale isl1censa,d lorone.time ""'' only, and may only te use ,n

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accordance w1T tl>e AIA CMtract .Jocume ts" Terms of Ser,,ce ro re;o copyrg : v101a1,ons. e-ma I doc;;n/o@a1acon1racls ccm
User Notes:	(36057S 163)

§ 8.3 Arbitration
§ 8.3.1 l f the panies have selected arbitration as che method for binding dispute resolution in this Agreement, any claim, dispute or other mauer in question arising out of or related to this Agreement SL1hjecl to, bl1t not resolved by, mediation shall be subje.::t to arbitration. which, unless the parties mutual I agree otherwise. shal I be administered b the American A.rhitrati0n Assol·iaiior. in accordance with its Construction [ndu5try Arbitration Rules in effect on the date of this Agreement. A demand for arbitration shall be made in writing, delivered to the other party to this Agreement, and filed with the person or entity administering the arbitration.
§ 6.3.1.1 A demand for arb1tration shall be made no earlier than concurrerJtly with the filing of a request for mediation, but in no event ,hall it be made after the date when the in;titution of legal or equitable proceedings based on the claim, dispute or other matter in question would be barred by the applicable statut of limitations. for statL1le of !imitations purposes. n:ceipt of a written demand for arbitration b the person or entity administering the arbitration shall consti!ute the institution of legal or eq111tahle proceedings based on the claim. dispute or other maner in question
§ 8.3.2 The foregoing agr.:emem to arbitrate, and other agn::ements to arbitrate with an additional person or entity duly consented ro by parties to this Agreement. shalt be specificall:, enforceable in accordance with applicable law in any ourt having jurisdiction thereof.

§ 8.3.3 The award n:ndered by rhe arb(crator(sJ sl1all be final, and judgment may be entered upon it in accordance with applicable law in any court havingjurisdic1ion thereof

§ 8.3.4 Consofidalion or Joinder
§ 8.3.4.1 Either party, at its sole di,crerio11. may consolidate an arbitratmn conducred under this '\greemwt with any other arhi rrati on to which it 1s a parry provided that ( I ) the arbitration agreement governing the other arbitration permits consolidation; (2) the arbitrations to be consol idatecl substanlidlly invoh,e common questions oi law or fact: and 1 3l the arbitrations employ materially im ilar procedural mies and methods for electing <1rbi tratorr s).

§ 8.3.4.2 Either party. at its sole discretion. may include by joinder persons or enmies subsrantially involved in a common question of law or fact who:;e prt$ence is required if complete rellef is to be accorded in arbitration, provided that the party sought to be joined consents in writing to such joinder Consent to arbitration invohing an addnlonal person or en tit) shal I nlll const,wte consent to arbitrati,,n c.,f an::, .:!aim, dispute or other matter in que:m,m nol descrihed in the "ritten consent.

§ 8.l.4.3 The Owner and .A.rch11ect grant to an:, person or entity made a party to an arbitration conducted under this Semon 8..3, whether b)' jomder or consolidauon, the same rights ofjoinder and consolidation as.the Ow11er and
..\rchitect under this ,\gret!ment

§ 8.4 The provisions of this Article 8 shall survive the termination of this Agreement.
A.RTICLE 9  TERMINAT10N OR SUSPENSION
§ 9."\ If the Owner fails 10 make payment, to the Architect m accordance wnh this Agreement, such failure shall be considered substantial nonperformance and cause for termination or, a1 the Archite1:t';, option. cause for suspension of perfonnance o( servi<.:es L1ndc::r this Agrt:ern1:n1. tfrhe Ar::h1tect elects to suspend services, the Architect shall give seven day,' written notice to the Owner before ,uspending ,ervices, l n the event of a suspensi,)n of ser, ices, the Architect shall have no liability w rhc O\,ner for de\a) 0r damage caused ,he Ov.ner becau:;e ot such suspension of services. Before resuming ,ervi..:es. the Owner shall pay the t\rchlt<!CI all sums due prior to suspension and any expenses incurred in the interruption am! resumption of the Architect"s servites. The Architect's foe for the remaining s.::rvices and the time schedLlles shall be equitably adJusted. The notice provided to Owner by Architect regard mg suspension or «:nm, nation of this A greemem must ;pee i fy the rcason1s) for the i mended termination or 5uspension and State with specilicil) the means b) which the Owner may cure the assened reason(s).
§ 9.2 If the Owner su5pends the Pro;ect, U1e Architect sh>1II be compensared for service-5 performed prior to notice of such suspension. v,,:hen tbe Proje t is resumed. the A n:h Itee t 5 ha!I be com pensa1ed for expe n5es incurred in the inturuption and resumplion of the Architect's services. The Architect's fees for the remaining services and the time schedules shalt be equitably adjusted.

A,'A Oocurn t a 101 -2017 Cooynant© 1974 19/8, 1987, 1997, 2007 and 2017 All ngh!, reserved ""'."he American ,nst1tu:e of Architects." "American lostituta of Architects,· 'AIA," the AIA logo and "A1A Contract Documents" are trademarks of rne Arnencan lns!J(ule of Architects -:'his docurneot was prcduced at 16 37: 05 1 B ET on 01/1512024 under Order No 4104247527 whicn xpires on 12/12/2024 is .,ot for resale, 1s l1cen:,.ea foe one--time use only. and may ol'ly be used"'

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c.:cordance w1tr the AIA Coritracr D0CtJmentsl!I Terms i:, f S.aNice ro .r-eport copyngnt viorat1ori:s. e-ma;' doc1r1fo@a1acor.trac.ts com
User Notes·	(860573163)

§ 9.3 ff the Owner suspends the Project for more than 90 cumulative days for reasons other than the fault of the Architect, the Architect may terminate this Agreement by giving not less than seven days' written notice,

§ 9.4 Either party may term inate th is Agreement upon not kss than seven days' written notice shou Id the other party fail substanlially to perfonn in accordance with th.: tenns of this Agreement through no fault of the party initiating the termination.

§ 9.5 The Owner may terminate this Agreement upon not less than seven days' written notice to the Architect for the Owner's convenience and without cause.

§ 9.6 If the Owner 1erminates this Agreement for its convenience pursuant to Section 9.5, or the Architect tenninates this Agreement pursuant to Secrion 9.J, 1he Owner shall compensate the Archi1cct for services performed prior to 1ennination, and Reimbursable Expenses incurred, and costs attriburable to termination, including the costs attributable to the Architect's termination of consultant agreements,

§ 9.7 In addition to any amounts paid under Section 9.6, if lhe Owner terminates this Agreement for its convenience pursuant to Section 9.5, or the Architect termin<1tes this Agreement pursuant ro Section 9.J. the Owner shall pay to the
<\rchitect the following fees:
iSer forth below ihe amoim/ of imy termination or licensing Jee. or the me!hodfor de!ermining any lermination or
/icensingfee)

,1	Termination fee:

(Paragraphs deleted)
0

rPw,igrarh deleied;
§ 9.9 The Owner's rights to use the Architect's [nstruments of Service in the event of a termination of this Agreement are s;:t forth in Article 7 and Section 9.7.

ARTICLE 10	MISCELLANEOUS PROVISIONS
§ 10.1 This Agreement shall be governed by 1he law of the Stat of Ohio

§ 10.2 Terms in this Agreement shall have the same meaning as rho5e in AJA Document A20 J -20  I 7, General Cond itiorJs of the Contract for Construction.

§ 10.3 The Owner and Archirt!ct. rcspecti\d1. bind them clves, their ag,mLs. successors. ;t%1gns. and lega! representat1ve3 co this Agreement Neither the Owner nor the rchi1ect shall ;i.,;sigr. this Agreement wnhout the \,riacr.
conseni of the other. e.,;,cept that the Owner may assign this -1.gn: rnent to a !ender providing financing for th<! ?rojcct if the !ender agrees to assume the Owner"s righ1, and Jbligations under this Agreement. including any p;i::,ment5 due 1,, the Architect by the o\ TJer prior to the a;signms:nt.

§ 10.4 If ,he Owner requests the .Architect to execute certificates. the proposed language of such certificalt 5 shal I be submined ro rhe Architect for revie\\ at least I days prior to ihe requesred dates of e:1;ecution. If the Owner reques;s the Architect to execute consents reasonably required to facilitate assignment to a !ender. the Architect .ihall execute all su.:h consents that are consistent with this Agreement, provided the proposed consent is submitted to the Architect for revie¼ at leasr 14 days prior to execution. The Archite,;t ;ha II not be required co e;'(ecute certificates or consents that would require knowledge. services. or responsibilities beyond the scope of this Agreement.
§ 10.5 Nothing contained in 1hi Agreement shall create a contractual relationship with, or a cause of action irr favor of, a third party against either the Owner or Architect.

§ 10.6 Unless other.vise required in this Agreement. the Archi'.ect shall have no respomibility for the discovery, presence, handling. removal or disposal of, or exposure of persons to, hazardous materials or toxic substances in any form at the Project site.

AIA Dccument!!t01 -2017 C:opyngnt<P 197 . 1978. 1;87 1397. ,007 and 2017 All Mghts reserved ·foe Ame can n tjtu!e of.D,1cMecls. ·Amencan ln5(iluleof Arrli,te<:IS• 'AIA•. the A..A Logo and·AIA Contra<:! Oe<: men1s· are trauema,1<.s or 7ne American lnsl11ute -:,/ Ar.:Mec:s This docuine:il was procuced at 1,; 7 05 19

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F.l on 111512024 unde• Crder No 4104.:4 ?SU wh1cn expires on 1211212024 ,t ,•of ror resale. rs licensed tor or1e-11rnc use omy. an<l may  rrly t,;, use<, ,i
;.ic::otdance w1t1i ?tie Arf\ Contract Oa-c:umen,s3 T rrns ol Se"\1'1ce To ,eoor· copyng,t v,ot3t,ons g.maiJ do-:1nr::::i@a.1acc:ntracts cotT>
User Not..s·	(a60S76 loJ]

§10.7 The ,A.rchitect shall have the right to include photographic or anistic representations of the design of the Project among the .'\rchircct's pmmotional and professional materials. The Architect shall be given reasonable access 10 rhe completed Project to make SL!Ch representarions. However, the Archite· t's materials shall not include the Owner's confidential or proprietary infonnation if the Owner has previously advised the Architect in writing of the specific infonnation considered IJ:i, the Owner tc, be confidential or propr(etary. This Sec,ior; I 0.7 shall survive the termination of this A.greernent unless the Owner terminates 1h1s Agreement for cause pursuant to Section ':1.4.

§ 10.B If the Archi1ect or Owner receives information specifically designated a5 "confidential" or "business proprietary," the re.:eiving party ,hall keep such loforrnanon strictly contidenrial and shall not disclose ii to any other person except as set forth in Section I 0,8_ I. This Section 10.8 shall survive 1he termination .:,f this Agreement.
§ 10.8.1 The r ceiving party may disclQse "confidential'' or "business propdetary•· information after 7 days· notice to the olher party. when reqL1ired by law, arbitrator's order. or court order, including a subpoena. public records request, Qr other form of compulsor; legal pro.;;ess issu d by a court or governmental entity. or to the extent such information is reasonably necessary for the receiving party to defend itself in an)' di;pute The receiving party may al5o disclose such inforrna.tion to its :::mployees. consul1ams, contractors. or third parties in accordance with a lawful public record, request in order to perform $ervices or work solel)' and exclusively for the Project. provided 1huse employees. consultants and cuntractors are subject to lhe restrictions on the disclosure and u5e of such informati,rn as sel forth in this Section l 0.8 ! .

§ 10.9 The invillidity ofaily prnv1s1on oflhe Agreemem shall not invalidace the /\greement .:ir its remaining provisions. If it is determined that any pro.,,ision ,r the .\greement violares any law, or i otherwise invalid or
unenforceable. then that provision shall be reYised to the extent nece5sary to make that provision legal and enforceable In such case the Agreen1en1 shall be construt:J. to the fullest extent permitted by law, w give effect to the parties· intt:ntions and purposes in xe.:uung the o\greement.

ARTICLE 11	COMPENSATION
§ i1.1 For the Architect's Basic Services described 1.rndi::r Article 3, the 01-vner shall compensate the Architect as follows:

Stipu!ated Sum
(fnserr amoum!

Percentage Basis
{fr,sert percentage value)

Seven and one half ( 7 5) % of the Owner's budget for the Cost of the Work, as calculated in
accordance with Section 11 6

.J	Other
(Describe the method of compensmirm)

At our hourly rates (enclosed) for Phase L with a not to exceed limit of 522,500. This total will be credited to the final fixed fee

§ 11.2 For th"' .-\ r ·hitect's Su pplemerHal Services designated in Section .:1. I . I and for any Susrn.inabi Ii ty Services r.:quir d pursuant lv Sec-.: •r. -+ I.3. the Qv,ner shal I corn pensate t.he Arch 1tec1 as fo11ows:
{/nserr amount aj or h,Hisfo1· c,impen.wlion ff necessm'} !isl rpeci(ic 5er•;,kes ro whrch parrirnlar me1hods of
cvrnpensativn appl:,.

At ho r\y rates, enc Iosed as Exhlbil "A".
§ 11.3 For -\dd1:ional 5en tees that may arise during the course of the Project. lncluding thos under Section 4.2, the
Owner shall compensat the Archi, ct as follows

lnit.

lfrls1?r! amaun1 ,;{ or basis /or ,·,,mpensatro_n i

A,A Document 6101 - 2017 Copyright© 1974. 1978. 1987 1957 2007 ard 2C 7 All right, neserved 'The Amencan Institute of Arch!Jecls.'• Americao lnslrtute o< Architects.· "AIA •• the AIA Logo, ,ir.d "AJA Contrad Oocumerts" are trademark, of The American :nslitule of Archrtects T'11s oocument was proouced at 16 37 05  20 ET on J1115/2024 under Or er No 4104247527 which sxp,,es on 1211212024, is not for resBle. ,s •icensed for one-lime use only, and may only be ·.sed in
accordance N-tr ri--e .A.IA Cont. :!lct Documeni3@re-rms. of Service To report c:ipyn'gh •1ialations, e-mail doc.1nfo@aiacoritracts, corn
User l'totes:	i860578163)

At hourly rates, see Exhibit "A".

§ 11.4 Compensation fur Supplemental and Additional Services of the Architect's consulcanrs when nOL included in Section l I.2 or I 1.3, shat I be the amount invoiced to the Architect plus !wency percent ( 20%). or as follows: (lnserr amoun! of, or basis for ,·ompwi11g. Architect ·s cons1dt,.m1s' co111pen.wr1,mfor Supplemenial or Addiuonal Services)

Per the attach d hourly fee schedule, see Exhibit "A".

§ 11.5 When compensation for Basic Services is based on a stipulated sum or a percentage basis, the proportion of compensation for each phase of services shall be as follows:

Schematic Design Phase	Ten	perc.int (	10	%)	
Design Development Phase	Twenty	percent (	20	%)	
Construction Documents
Phase	Forty Five	percent (	45	%)	
Procurement Phase	Five	percent (	5	%)	
Construction Phase	Twenty	percent (	20	%)	
Total Basic Compen5ation	one hundred	percent	100	%)	

§ 11.5 When compensation identified in Section l l. l is on a percentage basis, progress payments for each phase of Basic Services sh.:111 be calculated by multiplying the oercernages identified in this Article by the Owner's most recent budget for the Cost of the Work. Compensation paid in pr.?vio1is progn:ss payments shall not be adjusted based on subsequent updates to the Owner·s budget for the Cost of the Work.
§ 11.5.1 Whtm compensation is on a percentage basis and any portions or the Project are ddeted or otherwise not constructed. compensation for those ponions of the Project shal I be pa) able to the extent services are performed on those portions_ The Architect shall be entitled to compensation iri accordance with this Agreecnffit for all services performed wt-tether or not the Construction Phase is commenced.

§ 11.7The hour[y billing rates for services of the Architect and the Architect's consultams are sc:t forth below. The rates shall be adjusted in accordance with the Archirect's and Architect's consultarrts • normal review practice,.
(ff applicable. artach o.n exhibit of hourly billing rales or insert them below)

(fobfa deleted)
See attached hourly ratt:s, Exhibit "A".
§ 11.8 Compensation for Reimbursable Expenses
§ 11.8.i Reimbursable: Expenses are in addition to compensation for Basic, Supplemental, and Additional Services and include ex.penses incurred by the Archirect and the Architect's consultants dire1:ll related to the Project. as follows:
Transportation and authorized out-of. town travel and subsistence;
Long distance services, dedicated data and communication serv[ces, teleconferences, Project web ,ites,
and extranets;
Permitting and other fees required by author11ies having jurisdiction over the Project;
Printing, reproductions, plots, and standard form documents;
Postage, handling, and delivery:
Expense of overtime work requiring higher than regular rates, if authorized in advance by the Owner;
	Renderings, physical models, mock-ups, professional photography, and presentation materials requested by the Owner or required for the Project;
If required by the Owner, and with the Ownei ·s prior wrinen approval, the Architect's consultants'
expenses of professional liabilil)- insL1rance dedicated exclusively to this Project. or the e.xpense of additional insurance coverage or limits in excess of that normatly maintained by the Architect"s consul tants;
All taxes levied on professional servlces and 011 reimbursable expenses;
Site office expenses;

AIA Document B101 - 2017 Copyright© 1974, 197B. 1987, 1997, 2007 and 2017 All tights re erved 'The Amencan Institute of Arch11ects-, "Amer,car, Institute of Architects: "AIA," the AIA Logo, and "AIA Contract Documenls' are trademarks of Tne ;,.mertcan ln$(ilute of Arcnitects This document was produced al 16 37 05  21 ET on 01/15I:Z024 under Order Na 4104247527 which expires on 12/121202"-, i,s not tor resale. is licensed for one-lime 'JSe only, and may o ly be used :n

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ccordance with lhe AJA Contract OocumentstO Terms or Service T:, raport :::opyright violations. e-mail dccinro@aiacori.tract.s com
User Notes:	(aG057816J)

Registration fees and any od1er fees charged by the Certifying Autkority or by other entities as
necessary to achieve the Sustainable Objective; and,
Other similar Project-related expenditures

§ 11.8.2 For Reimbursable Expenses the compensati011 shall b the e.-:penses incL1rred by the Architect and the Architect's consultants plus zero percent ( 0 %'1 of the expenses incL1rmd.

(Paragraphs de/ered)
§ 11.10 Payments to the Architect
§ 11.10.1 Initial Payments
§ 11.10.1.1 An initial payment of zero{$ 0 ) shall be made upon execution of this Agreement and is the minimum
payment under this Agreement. !t shall be credited to the Owner's account in the final invoice.

§ 11.10.1.2 [fa Su:;tainabil,ty Cen,fication is pan of the Sustainable Objective, an initial payment to the Architect of ($ ) hall be made upon execution of this Agreement for regi5tralion foes :md other fees payable to the Certifying Authority and necessary to achieve the Sustainabiltty Certification fhe Architect's payments to the Certifying Authority shall be crcdite-d to the: Owner's ac<:ount at the time the expense ts tncurred.

§ 11.10.2 Progress Payments
§ 11.10.2.1 Unless otherwise agreed, pa mencs for serv,ces shall be made monthly in proportion to services performed. Payments are due and payable upon presentatic>n of the Architect's in voice. Amounts unpaid Thirty
I JO I da) s after the irivoi cc dace shalI bear interesi at thi: rat!! entered belo\ , or in the absence lhereo fat the Iegal rate
preva;ling from rime to time a1 che prin.:ipal place of business of the Architect.
(fnsert r-,1/i! oj momh/y or an1111a/ ,n/er.?11 ,1greed 11po11 J

l.5 % monthly

§ 11.10.2.2 The O""ner shall not w 11hhold amounts rrom lhe Architect's compensatio!"l ro 1mpo e a penalty or
liquidated damages on the Architect, or 10 offset sums requesccd b:,, or paid :o cornrac1ors for the cost uf changes 1n the
\\- ork. unless the Architect agree; or ha$ heen found liable for the arnnunts in a binding dispute resolution proceeding.
§ fU0.2.3 Records QfReimbursable Expense,. e,penses pertaining w Supplemental and ·\dd;tiorrnl Services. and services performed on the basts of hourly rates shall be available to the Owner at mutua!l:" convenient times.

ARTICLE 12	SPECIAL TERMS AND CONDITIONS
Special tams an<l conditions that mudi f:y ihi, Agreemeni are as follows.
flm:luJe r,•Lher term.1 and cond11ions applicable 10 /his ·iz, menr)

§ 12.l The Archile t he reb} ag ces to indemnify and ho!d the Owner. Owner·s respective go, erning bodIes. o m-:ers and employees (collecth,ely, the "!ndemn itees"') harm less from l0sses. damages and e:,;pcnses, including reasonable attorneys' fees, that the lndernnitees may incur by reason o t·inj ur;. or damage susiained 10 a per.or: or property
I including, but not limited It>. any one or more of the Ind.'>mnitees i to the ex,.:nt arising out of or occurring in connection wi1h ArchJtect·s fleg!igenl errors. N:1issi<1ns or acts. To the fulles1 extent permitted b) law, the ,\rchite..:t sh11II afld does agre<: to indemnify and hold hann le;;; the Indern nitees from and agam.,1 al I damages, I0sse$. Judgmi;rm and expenses\ including reasonable att.:,meys· fees and other .:0s1s of deFense), to che e ient resulting rrom infringement of any ,:;op>right. pacenl or other intangible prope righr cause by the Architect, anyone ernpto:,ed b) the Architect or an onc for who,e acts th? Architect is legal!:; liable The Architect shall not be required to indemnif;. and hold ham1less such persons for such matters ,vhen the claimed infringement occurs in materials provided by the lndemnitees. This paragraph shall in no wa) limit the !ndemnic.:es' common la.,., indemn1t) rights.

ARTICLE 13	SCOPE OF THE AGREEMENT
§ 13.1 fh is Agreement repNsen ts the entire and integrated agreement berv.eeo the Owner and the Arch: teer and supersedes alI prior negotiations, representations or agreement,. either wri nen or oral This Agreement rnay be amended only b written instrument signed b" both the Owner and Architect.

AIA C:ocument B101 -20'7 Cooyngllt © 1974 1975, I 9a7, : 997. 2007 ario 2017 All rights reservea 'The American lnstitule or Archrtecls.• "Ar°'lerican lnstItLJte of ArcMects." ''AIA.·' the AIA logo and"AIA Contra \ lJoc.Jmen(s" are trademar<s af :he Amencan Institute or Arc:nIt cts This document was produc d a, 16 37 05 22

!nit.

i:T on o 111512024 under ·Jr<;/er No 4104247527 which xpires on 1211212024. is .10, far resale ,s licensed !or one-l)me use only and me.y only be used "'
c.ordance ·,,rtn the AIA C•:;mtract Documents Terms of 5erv1c.e ::-o reoar-: :.aoyng ht v,olations, :si mad doc1nf.::i@a1acontracts com
U>ser Notes:	(86 5781::i.3

§ 13.2 This Agreement is comprised oithe following documents identified below:
A IA Docum ent BIO I rM-20 l 7, Standard Fo nn Agreement Between Owner and Architect
AIA Document E20J™-2013, Building Information Modeling and Digital Data Exhibit, dated as indicated below:
(Insert the date o(the £203-20/3 incorporated inlo this agree men/)

NIA

,3	Exhibits:
(Check rhe appropriale box for any e.thibits incorporated inlo this Agreemenc)

AIA Document E2(.)4T>l-2017, Sustainable Projects Exhibit, dated as i[ldicated below:
(insert the date of the E204-2{) I 7 incwpora1ed into this agreement)

NIA
[X)	Other Exhibits incorporated inro this Agreemrnt:
(Clear{_-,,1denllfy any oilier i!:rhibits incorporaled into 1his .-1.greement. including any exh1oi1s and scopes o/';!!n-1us iden11(1ed a, exhibi1s in Section 4 I J J
Exhibit A - Fee Schedule
Exhibit B - Proof of !nst1ro.nce Certificate Exhibit C - Worke,. Compensa1ion Certijlcate
Other documents:
(LiM other dornmenls. if any, forming par! of !he Agreemen1)

nto as of the day and year first Y..Titten above.

NER (Signmure)	ARCHITECT fSignatureJ
d-  e L); {\  '2.·0	U)I\'<'-C- \		
(Printed name and title)	(Primed name. tide. and {icens" number if req11ired)

A,A Document 8101 - 20'7 Copynght © ·, 914. 1970, l9B7, 1997, 2007 and 2017 All nghls reservea 'The American Institute of Archilects.• Americar. lnstilu!e or Architects,· ·AIA•, the AIA Logo, and "AIA Contract Documents" are trademarks of The America" lnstiti.te of Architects This document was roduced al l 6 37 05 23 E'" on 01i15/2(}24 unde, Order No 4104247527 which expires on 12i12/2024, 1s not for resale. 1s licensed for one--time use only, 3n0 maynly be used 10

init.

accordance with the AIA Contract Documents" Terms <>I Ser11c• To repo copyright v;a1at1ons e•mait aocmfo@aiacontracts corn
User Noto.s:	(B60578163)

EXHIBIT "A"

STROLLO
.ARCHITECTS

vouNGsrnwN0Fr1cE	2024 HOURLY RATES -	Retail/ Commercial	
	Principal	$	170.00	
	Project Architect	$	135.00	
	Project Manager	$	120.00	
	Intern	$	110.00	
	Technical Staff

Consulting Engineer Invoice	$	100 00

1 2 X Invoice Amount	

"'Rates are subJect to periodic adjustments

ARCHITECTURE ENGINEERING INHRIOR DESIGN
PLANNING

:,,:•: .. ::;»..;	WWW.STROLLOARCHITECTS COM

EXHIBIT ·'B''	STROLLO

RCHITECT_

TOE CL CINNATI	INSURANCE	CO IPANY

COMMERCIAL GENERAL LJABILITY COVERAGE
PART DECLARATIONS

	 In.sawed ,s the- ,;.amc ,)S it a iacJ'S 111 ,ne Cammor: PoJicy D cJ.;.ir<1ric.ri

UMfl'S OF JNSUR.ANCE

EAGfl ocetJRRENCE uM1 r
GeNERAL AC.GREG,\ TE UMIT

$1,0!)◊,0iJO
],Qi){)_()()()

AAODUCf5-COMPL£TED OP-Ei-lA-10'-JS .o.GGR.EG/, 11.:: l_l",1,T i;; ,/JGC,(),:)!)
PeRSD'JAL & ADVtRTISl!\IG ;t,lJUl".Y l l/T	$ 1, iJOil, o,:)o

OAMAGE TO PREMiSCS HE=N-:EO ro i'OV !_1,1,liT

\;,.iv O ,E PEPSON OF:
OP (j/\N161\ T1t \,
,.\t''i( {J/".Jt.

$100.000 limrt llnles c-li1 rw1s!! 1r.-:;1e3ted ,,e,l'/n:
MEDICAL EXPE/\ISE LIMIT
$5,000 mnrt unf s<; r.-therw,s?. ,;•.rJKJ! d hsefn.

S 1,0J0,1.JOO

$ 3ER GCP 01

;:,REMSC:S

 	

CODE

PREMIUM

AATi'.	.AD-VANCE l'f\E:M!UM

	nJO.	BASE			 	

=---:rl11,:; :.; ,l
CC,71f''"' ,,
.)L:' tl.:1·::;

,1,1d.1d:i:
,:"u•u(:..•i-:..:1
·.:,p"- ,·r-,·-:

	

- l-08:

OJi'!'IC'.s HOC
IJ!ICL !'xOD A.J:ITl/C·R .:xJW? '.::F

.!..l'.:j. J92

!Uill.f'!'l'..1WI.L !.N'SlTI'.E:'.lS	29'.lH					.,;
r!.e C.:,erier,:1, Ua,':oiliry C□-,-erau,l ?;v-t :s 3ub-.ect ID <111
- nr.1Jal m1111rnur,, prern1Urr. -	•
FORMS ANO I 00  ENL.>00..."'JEt\lltN"'S .A.P?LICABLE TO COMMERCIAL GENERAf- U4BIUTY COVtRAGE f>AAT·
G-A.101	12 /0-!	C RCI-,i.:. GENJmAL LIABIL1TY CDVW..AGR F?Rl'I	
GA•1-i96	09/:17	l!fOTIC& TO PGL C"!HOL.DI:RS AD'DI'TIC1WU. IlllS!TRR:' B'IWO<'!l>1' Wl.'E !illIT'!:'.:N	
		1)9 l7	
'.);.44,'l ';;	Q /J.7	WJ'.!"1C  t'.O  i?OI.:r.!?.OU>IUS  COblMaRC'!!\L	LI.Af!D,J:l"Y COVER.l\.GJ5	

Xl?401	
<]9/17	PllOYioS5:COUA.L W:....;..B-:;:l,.C'I"!  JI.CLOS IONS 'EDITiwX OS 1.7
NOTJ;Clt •ro ?<)L.IC'raO!.OrcRS - cnrCIP.U: ™	c- CL:U  •::;KN1lR.i\I,	
		LIABIL.l'TY s:{-OAOENED 2:ll00'1.B!CKIOlTS ED! TION  19  ;_ 7	
GCl?lO]	!l 9 /17	c:UCIPaKv O:OMMER-CI.Af..	l',LiU:tLl'l'Y 3'5Ui'.DE?IEl'l	RS	
CG20l;;:	04/1.3	;._t)D!TIOIA!. INSURED • :3-:'.ltTZ ◊R  G07T:m ·u1.. Aru:r.-cY OR SlTB:DlVYSI.Jli	
		Cl! POLrnca.:. S03.DIVI:5. IC-1' • ?!:Ut."d:!TS OR .",l]"\'IIOIUU'l'!OMS	
CG'.6025	U-l,/ lJ	A;)l:11'.'TlOll>f, [l'ISCr..a.c • DES!GR .n:o  i' !U.Sml OR ORGJ\NIZ..P,.'t:toll	
CG21--E	tH/lJ	-axcI,!)6101,f - .:li'GINE'SRS, AltCH'.L T8CTS C•R S::TR. !O'&'.S l?ROPEfH! !O'Cl!Af.	
		C.f.A.l'!IJ:-ITI	
".>iUll5uE	01/!D	,:;,a-::o LL-".lHL:;'. TT CC,V!!:f:.AGE E?n!AWC!ofo'Da '!'	

Criteria Arch Proposal For Equestrian Facili,y61	61

EXHIBIT "C"

Ohio

Bureau of Workers' Compensation

30 W. Spring St. Columbus, OH 43215

Certificate of Ohio Workers' Compensation
Tnis certifies that the employer listed belo participates in the Ohio State Insurance Fund as required by law. Therefore, the employer is entitled lo the rights and benefits of the fund for !he period specified. This certificate 1s only valid 1f premiums and assessments. including installments, are paid by the applicable due date To verity coverage, visit www.bwc.ohio.gov or call 1-800-644-6292
This certificate rnust be conspicuously posted.

Policy number and employer 00340476
STROLLO ARCHITECTS INC 201 WEST FEDERAL STREET YOUNGSTOWN OH 44503

Period Specified Below 07/01/2023 to 07/0112024

www.bwc.ohio.gov
Issued by: BWC

/, L	-:t
I
Administrator/CEO

Y::,u :.1--: ·?.produce l 1s cerl!f:::ata 3S ,,i;eded

Ohio Bureau of Workers' Compensation

Required Posting
Section 4123. 54 of the Ohio Revised Code requires notice of rebuttable presumption. Rebuttable presumption means an employee may dispute or prove untrue the presumption (or belief) that alcohol, marihuana or a controlled substance not prescrfbed by the employee's physician is the proximate cause (main reason) of the work-related injury.

The burden of proof is on the employee to prove the presence of alcohol, marihuana or a controlled substance was not the proximate cause of the worl<-related injury. An employee who tests positive or refuses to submit to chemical testing may be disqualified for compensation and benefits under the Workers' Compensation Act.

Ohio

Bureau of Workers'

Compensation

You mus\ ,>DSt ;hjs language wi:h lhe Cer1ificate of Ohio Workers' Comµensetio..,

DP-29 BWC-1629 (Rev Jan 10, 2019)