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...MO ....r.o A R C H I T E C T S November 29,2023 Mr.Jeff Owens Director Batesville Parks&Recreation Batesville, Arkansas parksdirector@cityofbatesville.com Re: Riverside Park&Event Center—Memorandum of Understanding Jeff, We submit this letter to serve as a memorandum of understanding to clarify some of the contract language. Percentage Fee The proposed percent fee of 7.00%is based upon the Arkansas Division of Building Service's Design Services Fee Schedule(2-211).We have calculated the base fee as 6.00%with the presumption that the construction budget is between$22.5 and$25 million dollars.The proposed fee includes a modifier of 1.00%to the complexity of project (2-211-B-3)and the increased level of site observation required for complicated elements like the water play systems and complex integration with the adjacent water treatment project,roadway improvements,and requisite utility work(2-211-B-5). Supplemental Services Section 1.1.11.2 lists a series of potential specialty consultants that may be engaged for portions of the project. These consultants are currently listed as TBD while project programming is ongoing.Based upon our understanding of the intended park and building programs,we believe this is a full and accurate list,but we feel it is premature to select and request bids from these consultants until their scope is better defined. When necessary,Taggart Architects and the City of Batesville will discuss the need for supplemental services and both parties will agree on the need for the service and which firm will be selected to fulfill the determined need for that selected service.The associated consultant fees will be pass-through costs to the owner with no additional mark-up. Revisions Clause I am not aware of a specific contract clause referring to a maximum number of changes.Any such clause included is part of the industry-standard AIA contract.We see design as a fluid process filled with back and forth conversations and with on-going minor adjustments and improvements. Once we reach the Construction Documents phase we need to start minimizing scope changes. For example,if we are 90%done with Construction Documents and are asked to make the Event Center half the size and on the opposite side of the site.In that case,we are being directed to throw out most of our work and completely redesign a building at lower construction value. In that scenario,we would make a request for a contract amendment for redesign. Respectfully submitted, U James Meyer,AIA TAGGART Architects