HomeMy WebLinkAbout236-22 RESOLUTION113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
Resolution: 236-22
File Number: 2022-0814
MILLER BOSKUS LACK ARCHITECTS, P.A., DB/A MBL PLANNING:
A RESOLUTION TO APPROVE A PROFESSIONAL ARCHITECTURAL SERVICES
AGREEMENT WITH MILLER BOSKUS LACK ARCHITECTS, P.A., DB/A MBL PLANNING
PURSUANT TO RFQ #21-09, IN THE AMOUNT OF $212,257.00 FOR THE DEVELOPMENT
OF A PRE -APPROVED BUILDING DESIGN PROGRAM, TO APPROVE A PROJECT
CONTINGENCY IN THE AMOUNT OF $10,613.00, AND TO APPROVE A BUDGET
ADJUSTMENT
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE,
ARKANSAS:
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby approves a professional
architectural services agreement with Miller Boskus Lack Architects, P.A. d/b/a MBL Planning
pursuant to RFQ #21-09, in the amount of $212,257.00 for the development of a pre -approved
building design program, and further approves a project contingency in the amount of $10,613.00.
Section 2: That the City Council of the City of Fayetteville, Arkansas hereby approves a budget
adjustment, a copy of which is attached to this Resolution.
PASSED and APPROVED on 10/4/2022
Page 1 Printed on 1015122
Resolution: 236-22
File Number: 2022-0814
Attest:
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Kara Paxton. City Clerk Treasurer
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FAYETTEVILLE ;
Page 2 Printed an 1015122
City of Fayetteville, Arkansas 113 West Mountain Street
Fayetteville, AR 72701
(479)575-8323
Text File
File Number: 2022-0814
Agenda Date: 10/4/2022 Version: 1 Status: Passed
In Control: City Council Meetinq File Type: Resolution
Agenda Number: B.3
MILLER BOSKUS LACK ARCHITECTS, P.A., D/B/A MBL PLANNING:
A RESOLUTION TO APPROVE A PROFESSIONAL ARCHITECTURAL SERVICES AGREEMENT
WITH MILLER BOSKUS LACK ARCHITECTS, P.A., DB/A MBL PLANNING PURSUANT TO RFQ
#21-09, IN THE AMOUNT OF $212,257.00 FOR THE DEVELOPMENT OF A PRE -APPROVED
BUILDING DESIGN PROGRAM, TO APPROVE A PROJECT CONTINGENCY IN THE AMOUNT
OF $10,613.00, AND TO APPROVE A BUDGET ADJUSTMENT
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS:
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby approves a professional
architectural services agreement with Miller Boskus Lack Architects, P.A. d/b/a MBL Planning pursuant to
RFQ #21-09, in the amount of $212,257.00 for the development of a pre -approved building design program,
and further approves a project contingency in the amount of $10,613.00.
Section 2: That the City Council of the City of Fayetteville, Arkansas hereby approves a budget adjustment, a
copy of which is attached to this Resolution.
City of Fayetteville, Arkansas Page 1 Printed on 101512022
City of Fayetteville Staff Review Form
2022-0814
Legistar File ID
9/20/2022
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
Jonathan Curth 9/2/2022 DEVELOPMENT SERVICES (620)
Submitted By Submitted Date Division / Department
Action Recommendation:
Approval of a professional services agreement with Miller Boskus Lack Architects, P. A. dba MBL Planning in the
amount of $212,257, pursuant to RFQ#21-09, for the development of a pre -approved building design program, with
a project contingency in the amount of $10,613, and approval of a budget adjustment.
4470.620.8900-5315.00
Account Number
21003.1
Project Number
Budgeted Item? Yes
Does item have a cost? Yes
Budget Adjustment Attached? Yes
Purchase Order Number:
Change Order Number:
Original Contract Number:
Comments:
Budget Impact:
Sales Tax Capital
Fund
Pre -Approved Building Designs
Current Budget
Funds Obligated
Current Balance
Item Cost
Budget Adjustment
Remaining Budget
Project Title
$ 200,000.00
200,000.00
$ 212,257.00
$ 22,870.00
10,613.00
V20210527
Previous Ordinance or Resolution #
Approval Date:
CITY OF
FAYETTEVILLE
ARKANSAS
MEETING OF SEPTEMBER 20, 2022
TO: Mayor; Fayetteville City Council
THRU: Susan Norton, Chief of Staff
CITY COUNCIL MEMO
FROM: Jonathan Curth, Development Services Director
Britin Bostick, Long Range Planning/Special Projects Manager
DATE: September 2, 2022
SUBJECT: Approval of a professional services agreement with Miller Boskus Lack
Architects, P. A. dba MBL Planning in the amount of $212,257, pursuant to
RFQ#21-09, for the development of a pre -approved building design program,
with a project contingency in the amount of $10,613, and approval of a
budget adjustment.
RECOMMENDATION:
City staff recommend approval of a professional services agreement with Miller Boskus Lack
Architects, P. A. dba MBL Planning in the amount of $212,257, pursuant to RFQ#21-09, for the
development of a pre -approved building design program, with a project contingency in the
amount of $10,613, and approval of a budget adjustment.
BACKGROUND:
While many civic leaders and professionals in the land development field are familiar with zoning,
the regulatory framework to establish land use and building form regulations, the emerging
"pattern zoning" may be a new concept. A pattern zone is a reference standard that makes
developing neighborhood -oriented residential and commercial projects the most convenient
entitlement pathway. Pattern zoning is facilitated by a set of pre -approved building designs for
infill construction and site redevelopment — building designs that have been designed for a specific
context and to meet a specific need. These designs are often developed for specific
neighborhoods through a public engagement process and are meant to fit the context of the
existing building scale, styles and materials in the neighborhood.
Part of the design process is to then meet the city's zoning, development and building code
standards, producing plan sets that have been vetted through city staff before they are finalized
— earning the title of "pre -approved building designs". The designs can also be tailored to fit
housing needs for neighborhoods, and remove or reduce design costs for infill projects, thereby
lowing the overall project costs and permit review timelines. This cost and time reduction provides
an incentive to use the neighborhood -sensitive designs and can potentially provide more
attractive solutions for housing density, whether the need is for accessory dwellings to existing
homes or for a triplex that more closely resembles a single-family home.
Mailing Address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
City Plan 2040, which was adopted in 2020, laid out six primary goals, four of which are directly
related to the project presented with this professional services agreement:
1. We will make appropriate infill and revitalization our highest priorities: encouraging the
development or redevelopment of vacant, mostly vacant, and underdeveloped property.
2. We will discourage suburban sprawl.
3. We will make traditional town form the standard: with neighborhoods that include not just
houses, but a mix of uses that can adapt over time and allow residents to live, work, and
play without relying on vehicles.
6. We will create opportunities for attainable housing.
Near the top of the list for City Plan 2040's next steps is the creation of pre -approved building
types for identified neighborhoods. Funding for this step was included in the City of Fayetteville's
capital improvement budget, and an request for proposals (RFP) was issued on September 26,
2021 for the purpose of developing and implementing a Pre -approved Building Design Guide for
Downtown and South Fayetteville. Per the RFP, "The City of Fayetteville would like to develop a
plan library of four to six Pre -approved Building Designs, of varying types, prepared by a
professional architect. The plans would be permitted by the City and eventually become open
source allowing long-term residents agency over their property and opportunities to create
attainable housing. The Pre -approved Building Design Guide should promote orderly growth,
development and redevelopment of Downtown and South Fayetteville. The guide should
complement and be consistent with the vision, values, goals and objectives established by the
City Plan 2040."
Only one firm, Miller Boskus Lack Architects, responded to the RFP, and city staff have been
working with the firm's proposed project team to refine the project scope of work and budget that
are now being presented to the Council.
DISCUSSION:
The pre -approved building designs as implementation of City Plan 2040, and four of its six primary
goals in particular:
We will make appropriate infill and revitalization our highest priorities: encouraging the
development or redevelopment of vacant, mostly vacant, and underdeveloped property.
The project area for the pre -approved building designs is the area included within both the
Downtown Master Plan and Walker Park Neighborhood Plan and covers the area between
and around Downtown Fayetteville and Walker Park. As this area includes established
neighborhoods, the pre -approved building designs would be for infill construction and
potentially for residential revitalization, and could be used for presently vacant or
underdeveloped residential properties.
2. We will discourage suburban sprawl. By providing design options and plan sets for infill
projects, which is meant to reduce overall project costs and approval timelines, this project
is meant to incentive infill construction and provide a competitive alternative to suburban
housing developments on the edge of the city — a primary component of a sprawling city
footprint that can strain resources and lead to service, utility and transportation
inefficiencies. The cities of Bryan, Texas and Claremore, Oklahoma have undertaken this
type of project to provide for attractive housing options in their central city areas.
3. We will make traditional town form the standard: with neighborhoods that include not just
houses, but a mix of uses that can adapt over time and allow residents to live, work, and
play without relying on vehicles. One of the key components of this project is context -
sensitive infill design that can provide adaptive living situations to maintain neighborhood
character while providing additional housing options and density. Increasing housing
density in a neighborhood increases the economic support for neighborhood -scale
commercial uses within a walkable distance — usually considered to be half a mile or less.
This can be done in many neighborhoods, particularly central -city neighborhoods, with
buildings that match the scale or slightly increase in scale over the existing structures,
rather than requiring large-scale development that consumes multiple lots. As an added
benefit, the program proposes to begin with a set of 4-6 designs that can later be
exchanged for new designs as needs evolve and the program adoption shows opportunity
for growth and development of new options for property owners.
4. We will create opportunities for attainable housing. Attainable housing is defined by the
Urban Land Institute as "unsubsidized, profitable housing developments that meet the
needs of those with incomes between 80% and 120% of the Area Median Income." Based
on current housing demand, low housing vacancy rates, land acquisition costs,
construction materials and labor costs, and inflation, housing prices have risen sharply in
Fayetteville and continue to rise today. According to The Skyline Report issued for the
second half of 2021 by the University of Arkansas Sam M. Walton College of Business
Center for Business and Economic Research, the average sales price for a house in
Washington County in the second half of 2021 was $311,517, however, the report stated
"584 houses were listed for sale in the MLS database as of December 31, 2021. The
average list price was $579,089. This is the smallest number of listed houses since 2009."
The U.S. Census lists the 2016-2020 Median Household Income for Fayetteville, Arkansas
as $47,350, well below the income level needed to attain housing with a sales price above
$300,000 without being severely cost burdened. By providing building designs for a variety
of housing types paired with a streamlined permitting process, this project aims to reduce
overall project costs for additional housing while also providing additional housing types
in a range between typical single-family and large-scale apartment construction. This
could include accessory dwelling units for current property owners seeking to provide
housing solutions for family members or rental options to supplement incomes and assist
with mortgage payments. It could also provide options for residents who can subdivide
their current property and construct additional units on the new lot, either to sell or rent.
One of the anticipated deliverables for the project is a fiscal analysis model to demonstrate
the financial feasibility and affordability of the proposed designs as well as tax yield
scenarios for the increase in property values attendant with the added development value.
This will not only build a clear picture of current construction and development costs for
the various housing types proposed, it can be paired with demographics information for
Fayetteville residents to better assess housing solutions that may result from this project.
The tax yield projections will demonstrate the point at which the City of Fayetteville would
see a return on the investment in this pre -approved building design program, thus
providing an important set of metrics for ongoing evaluation of the program's success.
In terms of evaluating program success, one metric could be the utilization rate of the program. If
the City of Fayetteville can offer housing designs to customers that save the customer both time
and cost, and that helps achieve construction of additional infill housing units, both the number of
projects and number of housing units can be measured against program cost for either a cost -
benefit evaluation or a cost to serve evaluation. In the event the program has a low utilization rate,
i.e. few owners or builders use the designs that have been developed through the public
engagement and staff review process, the program could be viewed as unsuccessful. Focusing
on the utilization rate alone would then result in perceived program failure, or at the least a high
cost/low benefit outcome.
Another method of evaluating program success is based within the larger context of housing
supply and demand in Fayetteville. Two key points of discussion continue to be prominent in
housing discussions: housing costs and housing choice. Housing costs are derived from a
complex set of variables including land acquisition costs, regulatory costs, design and engineering
costs, materials and labor costs, and interest rates — many of which are determined by
supply/demand curves in the local economy as well as the national economy. Within that set of
variables, municipal government can explore interventions in regulatory costs and design and
engineering costs. These interventions might include reducing regulations or permitting
requirements, but they might also include subsidizing desired development types. In this case
subsidizing design costs and reducing permit review timelines to achieve desired housing types
can address both housing costs and housing choice. Program success would then be evaluated
based on the success of the intervention and the quality of the information gained through project
implementation. With the current and future housing market in mind, is intervention by the City
desirable or feasible, and at what scale? This initial foray into a housing intervention program at
a lower scaled approach can help guide future decisions on housing incentives and programs.
In summary, the program is anticipated to:
• Provide a fiscal analysis for housing in Fayetteville to demonstrate financial costs and
benefits for different housing types.
• Provide building plans for a set of residential structures that have been designed for the
project area's specific context and in collaboration with neighborhood residents.
• Reduce overall development costs for new housing by providing pre -approved designs
that have been vetted through the review process for building permits.
• Lastly, but importantly, this will provide options for current residents who may be seeking
to add housing units or develop compact new units to meet family and/or financial
considerations.
4
BUDGET/STAFF IMPACT:
This project is funded out of a 2022 budget allocation from the Capital Improvement Project
fund.
Attachments:
Professional Services Agreement
City of Fayetteville, Arkansas
CITY O F Professional Services Contract: Architectural Services For
AR F Pre -Approved Building Designs
K FAYETTEVILLE T EANSAS L L Y 1
Vendors: Miller Boskus Lack Architects, P.A. d/b/a MBL Planning AND
Pattern Zones Company, a Delaware Corporation
Term: 18 months from Notice to Proceed
RFP 21-09, ARCHITECTURAL SERVICES CONTRACT
Project: Pre -Approved Building Designs
THIS CONTRACT is made this � day of Globb /Y"` . 2022 by and between City of
Fayetteville, Arkansas, acting by and through Mayor Lioneld Jordan (hereinafter called CITY OF FAYETTEVILLE OR
CITY), Miller Boskus Lack Architects, P.A. d/b/a MBL Planning ("MBL"), an Arkansas Professional Association, with
its principal office located in Fayetteville, Arkansas (hereinafter called MBL), and Pattern Zones Company, a
Delaware corporation (hereinafter called PATTERN ZONES CO.) with its principal office located in Fayetteville,
Arkansas.
CITY OF FAYETTEVILLE issued RFP 21-09 seeking professional architectural services in connection with the
development of pre -approved building designs. MBL contemplates that the designs will become part of a larger
library of designs available for licensing through a third party, PATTERN ZONES CO. Therefore, the City, MBL, and
PATTERN ZONES CO., in consideration of their mutual covenants, agree as follows:
MBL shall serve as CITY OF FAYETTEVILLE's professional architectural consultant in those assignments to which
this Contract applies and shall give consultation and advice to CITY OF FAYETTEVILLE during the performance of
MBL's services. All services shall be performed under the direction of a professional architect registered in the
State of Arkansas and qualified in the particular field.
PATTERN ZONES CO. is a corporation that has been established to hold and license building designs and will be a
party to a future licensing agreement with CITY OF FAYETTEVILLE. PATTERN ZONES CO. is made a party to this
Contract for purposes of ensuring the City will have access to the MBL design library upon completion of MBL's
services.
City of Fayetteville, Arkansas — RFQ 21-09
Vendor: MBL Architecture, Inc. — Project: Pre -Approved Building Designs
Page 1 of 17
SECTION 1- AUTHORIZATION OF ARCHITECTURAL DESIGN SERVICES
1.1 Services on any assignment shall be undertaken only upon written Authorization of CITY OF
FAYETTEVILLE and Contract of MBL.
1.2 Assignments from CITY OF FAYETTEVILLE to MBL may include services described hereafter as Basic
Services or as Additional Services of MBL.
1.3 Changes, modifications or amendments in scope, price or fees to this contract shall not be allowed
without a formal contract amendment approved by the City in accordance with City Policy IC-02,
Contract Responsibilities, in advance of the change in scope, costs, fees, or delivery schedule.
SECTION 2 - BASIC SERVICES OF ARCHITECT
2.1 Perform professional design services in connection with the Project as hereinafter stated.
2.1.1 The Scope of Services to be furnished by MBL during this project is included in Appendix A attached
hereto and made part of this Contract.
2.2 MBL shall coordinate their activities and services with the CITY OF FAYETTEVILLE. MBL and CITY OF
FAYETTEVILLE agree that MBL has full responsibility for the architectural services.
2.2.1 MBL shall fully disclose any sub -consultants in Appendix A.
2.2.2 Any contractor or third party involved in cost estimates shall be excluded from submitting a bid on
the project.
2.3 At the conclusion of its services, the final designs shall be delivered to PATTERN ZONES CO. to be
included in a design library that shall be accessible by FAYETTEVILLE for a minimum of three years
upon execution of a licensing Contract with PATTERN ZONES CO. MBL warrants and guarantees that
FAYETTEVILLE shall have access to the design library for a three year period; however, in the event
FAYETTEVILLE is unable to access the design library for any reason, MBL shall grant to FAYETTEVILLE
a perpetual unrestricted license for use of the four to six designs customized for FAYETTEVILLE as
City of Fayetteville, Arkansas — RFP 21-09
Vendor: Miller Boskus Lack Architects, P.A. and Pattern Zones Co. — Project: Pre -Approved Building Designs
Page 2 of 17
described in Appendix A. In the event unrestricted architectural licenses are required under this
provision, any payments that would have been made to PATTERN ZONES CO. shall be made to MBL.
SECTION 3 - RESPONSIBILITIES OF PATTERN ZONES CO.
3.1 PATTERN ZONES CO shall provide a licensing agreement to the CITY OF FAYETTEVILLE for review
within twelve (12) from issuance of the CITY'S notice to proceed to MBL.
3.1.1 The licensing agreement shall provide for access by CITY OF FAYETTEVILLE to the design library
platform for a period of three (3) years with automatic renewals for up to two additional one year
terms. The agreement shall also provide that the CITY OF FAYETTEVILLE will give six (6) months
notice of non -renewal in the event the CITY does not wish to renew the agreement.
3.1.2 The licensing agreement shall provide for access by the CITY OF FAYETTEVILLE and its authorized
users for a period of three years. The total cost for three years of access to the design library is
$61,200.00 with annual installments of $20,400.00 to be paid within thirty days of the effective date
of the licensing agreement and within thirty days of the anniversary date thereafter. Renewal terms
shall be priced at the rate of $20,400.00 per year to be paid within thirty days of the effective date
of the renewal term.
3.1.3 The licensing agreement shall not include any of the following provisions or requirements:
indemnification, hold harmless, or other provisions that threaten the CITY'S sovereign immunity or
that might cause the CITY to pay for the mistakes of others; late fees or interest charges; arbitration
or mediation requirements; or nonrefundable retainers.
3.2 A list of all persons or entities with an ownership interest or managerial role with PATTERN ZONES
CO. is included in Appendix B attached to this Contract. In the event of changes in ownership or
managerial roles, PATTERN ZONES CO. shall provide an amended list to the CITY OF FAYETTEVILLE
within thirty (30) days of any change.
SECTION 4 - RESPONSIBILITIES OF CITY OF FAYETTEVILLE
4.1 CITY OF FAYETTEVILLE shall, within a reasonable time, so as not to delay the services of MBL:
4.1.1 Provide full information as to CITY OF FAYETTEVILLE's requirements for the Project.
City of Fayetteville, Arkansas — RFP 21-09
Vendor: Miller Boskus Lack Architects, P.A. and Pattern Zones Co. — Project: Pre -Approved Building Designs
Page 3 of 17
4.1.2 Assist MBL by placing at MBL's disposal all available information pertinent to the assignment
including previous reports and any other data relative thereto.
4.1.3 Obtain for MBL access to property reasonably necessary for MBL to perform its services under this
Contract.
4.1.4 Examine all studies, reports, cost opinions, Bid Documents, Drawings, proposals, and other
documents presented by MBL and render in writing decisions pertaining thereto.
4.1.5 The Long Range Planning & Special Projects Manager is the CITY OF FAYETTEVILLE's project
representative with respect to the services to be performed under this Contract. Such person shall
have complete authority to transmit instructions, receive information, interpret and define CITY OF
FAYETTEVILLE's policies and decisions with respect to materials, equipment, elements and systems
to be used in the Project, and other matters pertinent to the services covered by this Contract. CITY
OF FAYETTEVILLE will provide written notification to MBL and PATTERN ZONES CO. in the event the
project representative changes during the term of this Contract.
4.1.6 CITY OF FAYETTEVILLE will review all documents and provide written comments to MBL in a timely
manner.
SECTION 5 - PERIOD OF SERVICE
5.1 This Contract will become effective upon the first written notice by CITY OF FAYETTEVILLE
authorizing services hereunder and the services under MBL's scope of service shall be completed
within 18 months of receiving the notice to proceed from CITY OF FAYETTEVILLE. A copy of the
notice to proceed shall also be provided to PATTERN ZONES CO.
5.2 The provisions of this Contract have been agreed to in anticipation of the orderly progress of the
Project through completion of the services stated in the Contract. MBL will proceed with providing
the authorized services within thirty (30) days of receipt of the notice to proceed from CITY OF
FAYETTEVILLE. Said authorization shall include the scope of the services authorized and the time in
which the services are to be completed.
5.3 MBL shall provide a schedule of its services and include such schedule with the scope in Appendix A.
City of Fayetteville, Arkansas — RFP 21-09
Vendor: Miller Boskus Lack Architects, P.A. and Pattern Zones Co. — Project: Pre -Approved Building Designs
Page 4 of 17
5.4 PATTERN ZONES CO. shall provide a draft licensing Contract within twelve (12) months of the notice
to proceed being issued by the CITY OF FAYETTEVILLE to MBL.
SECTION 6 - PAYMENTS TO ARCHITECT
6.1 The maximum not -to -exceed amount authorized for this Contract is $212,257.00 US DOLLARS.
6.2 The CITY OF FAYETTEVILLE shall compensate MBL based upon progress payments as described in
Appendix A.
6.2.1 The maximum not -to -exceed amount authorized for this Contract is based upon the estimated fee
scope, hours, costs and expenses per phase. The estimated fee spreadsheets shall be included in
Appendix A. The amount for any phase may be more or less than the estimate, however the
maximum not -to -exceed amount shall not be exceeded without a formal contract amendment.
6.3 Statements
6.3.1 Monthly statements for each calendar month shall be submitted to CITY OF FAYETTEVILLE consistent
with MBL's normal billing schedule. Once established, the billing schedule shall be maintained
throughout the duration of the Project. Applications for payment shall be made in accordance with
a format to be developed by MBL and approved by CITY OF FAYETTEVILLE. Applications for payment
shall be accompanied each month by the updated project schedule. Final payment for professional
services shall be made upon CITY OF FAYETTEVILLE's approval and acceptance with the satisfactory
completion of the professional architectural services.
6.4 Payments
6.4.1 All accepted invoices are payable upon receipt and generally due within thirty (30) days. If a portion
of MBL's statement is disputed by CITY OF FAYETTEVILLE, the undisputed portion shall be paid by
CITY OF FAYETTEVILLE by the due date. CITY OF FAYETTEVILLE shall advise MBL in writing of the basis
for any disputed portion of any statement. CITY OF FAYETTEVILLE will make reasonable effort to pay
invoices within 30 days of date the invoice is approved; however, payment within 30 days is not
guaranteed.
City of Fayetteville, Arkansas — RFP 21-09
Vendor: Miller Boskus Lack Architects, P.A. and Pattern Zones Co. — Project: Pre -Approved Building Designs
Page 5 of 17
6.5 Final Payment
6.5.1 Upon satisfactory completion of the work performed under this Contract, as a condition before final
payment under this Contract, or as a termination settlement under this Contract, MBL shall execute
and deliver to CITY OF FAYETTEVILLE a release of all claims against CITY OF FAYETTEVILLE arising
under or by virtue of this Contract, except claims which are specifically exempted by MBL to be set
forth therein. Unless otherwise provided in this Contract or by State law or otherwise expressly
agreed to by the parties to this Contract, final payment under this Contract or settlement upon
termination of this Contract shall not constitute a waiver of CITY OF FAYETTEVILLE's claims against
MBL.
SECTION 7 - GENERAL CONSIDERATIONS
7.1 Insurance
7.1.1 In the course of performance of these services, MBL will maintain (in United States Dollars) the
following insurance coverages:
Type of Coverage
Workers' Compensation
Employers' Liability
Commercial General Liability
Bodily Injury and
Property Damage
Automobile Liability:
Bodily Injury and
Property Damage
Professional Liability Insurance
Limits of Liability
Statutory
$500,000 Each Accident
$1,000,000 Combined Single Limit
Per Occurrence and in the Aggregate
$1,000,000 Combined Single Limit
Per Accident
$1,000,000 Each Claim and in the Aggregate
MBL will provide to CITY OF FAYETTEVILLE certificates as evidence of the specified insurance within
ten calendar days of the date of this Contract and upon each renewal of coverage.
7.1.2 CITY OF FAYETTEVILLE and MBL waive all rights of subrogation against each other and their officers,
directors, agents, or employees for damage covered by property insurance during and after the
completion of MBL'S services. A similar provision shall be incorporated into all construction
City of Fayetteville, Arkansas — RFP 21-09
Vendor: Miller Boskus Lack Architects, P.A. and Pattern Zones Co. — Project: Pre -Approved Building Designs
Page 6 of 17
contracts entered into by the CITY OF FAYETTEVILLE, and all construction contractors shall be
required to provide waivers of subrogation in favor of CITY OF FAYETTEVILLE and MBL for damage
covered by any construction contractor's property insurance.
7.2 Professional Responsibility
7.2.1 MBL will exercise reasonable skill, care, and diligence in the performance of MBL's services and will
carry out its responsibilities in accordance with customarily accepted professional architectural
practices, CITY OF FAYETTEVILLE Standards, Arkansas State Law and the Rules and regulations of the
Arkansas State Board of Licensure For Architects, Landscape Architects and Interior Designers. CITY
OF FAYETTEVILLE will promptly report to MBL any defects or suspected defects in MBL's services of
which CITY OF FAYETTEVILLE becomes aware, so that MBL can take measures to minimize the
consequent of such defect. MBL agrees not to seek or accept any compensation or reimbursements
from the CITY OF FAYETTEVILLE for architectural work it performs to correct any errors, omissions or
other deficiencies caused by MBL's failure to meet customarily accepted professional architectural
practices. CITY OF FAYETTEVILLE retains all other remedies to recover for its damages caused by any
negligence of MBL.
7.2.2 In addition, MBL will be responsible to CITY OF FAYETTEVILLE for bodily injury or property damage
caused by its negligent or intentional conduct during its activities at the Project Site to the extent
covered by MBL's Commercial General Liability and Automobile Liability Insurance policies. This
limitation provision shall not apply to MBL's professional responsibility in the performance of its
professional services as set forth in Paragraph 6.2.2.
7.3 Cost Opinions and Projections
7.3.1 Cost opinions and projections prepared by MBL relating to construction costs and schedules,
operation and maintenance costs, equipment characteristics and performance, and operating
results are based on MBL's experience, qualifications, and judgment as a design professional. Since
MBL has no control over weather, cost and availability of labor, material and equipment, labor
productivity, construction Contractors' procedures and methods, unavoidable delays, construction
Contractors' methods of determining prices, economic conditions, competitive bidding or market
City of Fayetteville, Arkansas — RFP 21-09
Vendor: Miller Boskus Lack Architects, P.A. and Pattern Zones Co. — Project: Pre -Approved Building Designs
Page 7 of 17
conditions, and other factors affecting such cost opinions or projections, MBL does not guarantee
that actual rates, costs, performance, schedules, and related items will not vary from cost opinions
and projections prepared by MBL.
7.4 Changes
7.4.1 CITY OF FAYETTEVILLE shall have the right to make changes within the general scope of MBL's
services, with an appropriate change in compensation and schedule only after Fayetteville City
Council approval of such proposed changes if required by City Policy IC-02, Contract Responsibilities,
and upon execution of a mutually acceptable amendment or change order signed by the Mayor of
the CITY OF FAYETTEVILLE and the duly authorized officer of MBL.
7.5 Termination
7.5.1 This Contract may be terminated in whole or in part in writing by either the CITY or MBL in the event
of substantial failure by the other party to fulfill its obligations under this Contract through no fault
of the terminating party, provided that no termination may be effected unless the other party is
given:
7.5.1.1 Not less than ten (10) calendar days written notice (delivered by certified mail, return receipt
requested) of intent to terminate,
7.5.1.2 An opportunity for consultation with the terminating party prior to termination.
7.5.2 This Contract may be terminated in whole or in part in writing by CITY OF FAYETTEVILLE for its
convenience, provided that MBL is given:
7.5.2.1 Not less than ten (10) calendar days written notice (delivered by certified mail, return receipt
requested) of intent to terminate,
7.5.2.2 An opportunity for consultation with the terminating party prior to termination.
7.5.3 If termination for default is effected by CITY OF FAYETTEVILLE, an equitable adjustment in the price
provided for in this Contract shall be made, but
7.5.3.1 No amount shall be allowed for anticipated profit on unperformed services or other work,
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7.5.3.2 Any payment due to MBL at the time of termination may be adjusted to cover any additional
costs to CITY OF FAYETTEVILLE because of MBL's default.
7.5.4 If termination for default is effected by MBL, or if termination for convenience is effected by CITY OF
FAYETTEVILLE, the equitable adjustment shall include a reasonable profit for services or other work
performed. The equitable adjustment for any termination shall provide for payment to MBL for
services rendered and expenses incurred prior to the termination, in addition to termination
settlement costs reasonably incurred by MBL relating to commitments which had become firm prior
to the termination.
7.5.5 Upon receipt of a termination action under Paragraphs 6.5.1 or 6.5.2 above, MBL shall:
7.5.5.1 Promptly discontinue all affected work (unless the notice directs otherwise),
7.5.5.2 Deliver or otherwise make available to CITY OF FAYETTEVILLE all data, drawings, specifications,
reports, estimates, summaries and such other information and materials as may have been
accumulated by MBL in performing this Contract, whether completed or in process.
7.5.6 Upon termination under Paragraphs 6.5.1 or 6.5.2 above CITY OF FAYETTEVILLE may take over the
work and may award another party a Contract to complete the work under this Contract.
7.5.7 If, after termination for failure of MBL to fulfill contractual obligations, it is determined that MBL had
not failed to fulfill contractual obligations, the termination shall be deemed to have been for the
convenience of CITY OF FAYETTEVILLE. In such event, adjustments of the Contract price shall be
made as provided in Paragraph 6.5.4 of this clause.
7.6 Delays
7.6.1 In the event the services of MBL are suspended or delayed by CITY OF FAYETTEVILLE or by other
events beyond MBL's reasonable control, MBL shall be entitled to additional compensation and time
for reasonable costs incurred by MBL in temporarily closing down or delaying the Project.
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7.7 Rights and Benefits
7.7.1 MBL's services will be performed solely for the benefit of CITY OF FAYETTEVILLE and not for the
benefit of any other persons or entities.
7.8 Dispute Resolution
7.8.1 Scope of Paragraph: The procedures of this Paragraph shall apply to any and all disputes between
CITY OF FAYETTEVILLE and MBL which arise from, or in any way are related to, this Contract,
including, but not limited to the interpretation of this Contract, the enforcement of its terms, any
acts, errors, or omissions of CITY OF FAYETTEVILLE or MBL in the performance of this Contract, and
disputes concerning payment.
7.8.2 Exhaustion of Remedies Required: No action may be filed unless the parties first negotiate. If timely
Notice is given under Paragraph 6.8.3, but an action is initiated prior to exhaustion of these
procedures, such action shall be stayed, upon application by either party to a court of proper
jurisdiction, until the procedures in Paragraphs 6.8.3 and 6.8.4 have been complied with.
7.8.3 Notice of Dispute
7.8.3.1 For disputes arising prior to the making of final payment promptly after the occurrence of any
incident, action, or failure to act upon which a claim is based, the party seeking relief shall serve
the other party with a written Notice;
7.8.3.2 For disputes arising within one year after the making of final payment, CITY OF FAYETTEVILLE
shall give MBL written Notice at the address listed in Paragraph 6.13 within thirty (30) days after
occurrence of any incident, accident, or first observance of defect or damage. In both instances,
the Notice shall specify the nature and amount of relief sought, the reason relief should be
granted, and the appropriate portions of this Contract that authorize the relief requested.
7.8.4 Negotiation: Within seven days of receipt of the Notice, the Project Managers for CITY OF
FAYETTEVILLE and MBL shall confer in an effort to resolve the dispute. If the dispute cannot be
resolved at that level, then, upon written request of either side, the matter shall be referred to the
President of MBL and the Mayor of CITY OF FAYETTEVILLE or his designee. These officers shall meet
City of Fayetteville, Arkansas — RFP 21-09
Vendor: Miller Boskus Lack Architects, P.A. and Pattern Zones Co. — Project: Pre -Approved Building Designs
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at the Project Site or such other location as is agreed upon within 30 days of the written request to
resolve the dispute.
7.9 CITY OF FAYETTEVILLE represents that it has sufficient funds or the means of obtaining funds to
remit payment to MBL for services rendered by MBL.
7.10 Publications
7.10.1 Recognizing the importance of professional development on the part of MBL's employees and the
importance of MBL's public relations, MBL may prepare publications, such as technical papers,
articles for periodicals, and press releases, pertaining to MBL's services for the Project. Such
publications will be provided to CITY OF FAYETTEVILLE in draft form for CITY OF FAYETTEVILLE's
advance review. CITY OF FAYETTEVILLE shall review such drafts promptly and provide CITY OF
FAYETTEVILLE's comments to MBL. CITY OF FAYETTEVILLE may require deletion of proprietary data
or confidential information from such publications, but otherwise CITY OF FAYETTEVILLE will not
unreasonably withhold approval. The cost of MBL's activities pertaining to any such publication shall
be at MBL's sole cost and responsibility.
7.11 Removed
7.12 Ownership of Documents
7.12.1 All documents provided by CITY OF FAYETTEVILLE including original drawings, disks of CADD
drawings and cross sections, estimates, specifications, field notes, and data are and remain the
property of THE CITY OF FAYETTEVILLE.
7.12.2 All documents provided by MBL including original drawings, disks of CADD drawings and cross
sections, estimates, specification field notes, and data are and remain the property of MBL. MBL
warrants and agrees that the CITY OF FAYETTEVILLE shall be provided access to the designs resulting
from this Contract through the PATTERN ZONES CO. design library for a period of three years with an
option to renew for up to two additional one year terms. MBL shall grant a perpetual unrestricted
license to CITY OF FAYETTEVILLE for access to and use of any study or assessment produced as a
result of this project. Such license shall permit the CITY to publish the studies or assessments online,
in trade publications, or any other format that may be shared with the public.
City of Fayetteville, Arkansas — RFP 21-09
Vendor: Miller Boskus Lack Architects, P.A. and Pattern Zones Co. — Project: Pre -Approved Building Designs
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7.12.3 If PATTERN ZONES CO. fails or refuses to provide access for any reason, then MBL shall convey a
perpetual license to the CITY OF FAYETTEVILLE and any person or entity authorized by the CITY OF
FAYETTEVILLE for the unrestricted use of all original drawings, disks of CADD drawings and cross
sections, estimates, specification field notes, and data acquired during or resulting from this
Contract.
7.12.4 Any files delivered in electronic medium may not work on systems and software different than those
with which they were originally produced. Neither MBL nor the CITY OF FAYETTEVILLE warrant as to
the compatibility of these files with any other system or software. Because of the potential
degradation of electronic medium over time, in the event of a conflict between the sealed original
drawings/hard copies and the electronic files, the sealed drawings/hard copies will govern.
7.13 Notices
7.13.1 Any Notice required under this Contract will be in writing, addressed to the appropriate party at the
following addresses:
CITY OF FAYETTEVILLE's address:
ATTN: Mayor's Office
113 West Mountain
Fayetteville, AR 72701
MILLER BOSKUS LACK ARCHITECTS, P.A. d/b/a MBL PLANNING address:
ATTN: Audy Lack
2397 N. Green Acres Road
Fayetteville, AR 72703
PATTERN ZONES CO.'S address:
ATTN: Matthew Petty
875 N Fritz Dr
Fayetteville, AR 72701
City of Fayetteville, Arkansas — RFP 21-09
Vendor: Miller Boskus Lack Architects, P.A. and Pattern Zones Co. — Project: Pre -Approved Building Designs
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7.14 Successor and Assigns
7.14.1 CITY OF FAYETTEVILLE, MBL, and PATTERN ZONES CO. each binds itself and its successors, executors,
administrators, and assigns to the other party of this Contract and to the successors, executors,
administrators, and assigns of such other party, in respect to all covenants of this Contract; except as
above, the CITY OF FAYETTEVILLE, MBL and PATTERN ZONES CO. shall NOT assign, sublet, or transfer
its interest in the Contract without the written consent of the other parties.
7.15 Controlling Law
7.15.1 This Contract shall be subject to, interpreted and enforced according to the laws of the State of
Arkansas, in the County of Washington, without regard to any conflicts of law provisions.
7.16 Entire Contract
7.16.1 This Contract represents the entire Contract between MBL, PATTERN ZONES CO., and CITY OF
FAYETTEVILLE relative to the Scope of Services herein. Since terms contained in purchase orders do
not generally apply to professional services, in the event CITY OF FAYETTEVILLE issues to MBL a
purchase order, no preprinted terms thereon shall become a part of this Contract. Said purchase
order document, whether or not signed by MBL, shall be considered as a document for CITY OF
FAYETTEVILLE's internal management of its operations.
SECTION 8 - SPECIAL CONDITIONS
8.1 Additional Responsibilities of MBL:
8.1.1 CITY OF FAYETTEVILLE's or any Federal or State Agency's review, approval, or acceptance of design
drawings, specifications, reports and other services furnished hereunder shall not in any way relieve
MBL of responsibility to its standard of care set forth in Section 6.2.1. Except as set forth in this
Contract, neither CITY OF FAYETTEVILLE's nor any Federal or State Agency's review, approval or
acceptance of, nor payment for any of the services shall be construed as a waiver of any rights under
this Contract or of any cause of action arising out of the performance of this Contract.
City of Fayetteville, Arkansas — RFP 21-09
Vendor: Miller Boskus Lack Architects, P.A. and Pattern Zones Co. — Project: Pre -Approved Building Designs
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8.1.2 MBL shall be and shall remain liable, in accordance with applicable law, for direct property and
personal injury damages to CITY OF FAYETTEVILLE to the extent caused by MBL's negligent
performance of the Services furnished under this Contract; MBL shall not be liable for errors,
omissions or other deficiencies to the extent attributable to CITY OF FAYETTEVILLE or CITY OF
FAYETTEVILLE-furnished data.
8.1.3 In no event will MBL be liable for any special, indirect, or consequential damages including, without
limitation, damages or losses in the nature of increased Project costs, loss of revenue or profit, lost
production, claims by customers of OWNER, or governmental fines or penalties.
8.1.4 To the fullest extent permissible by law, and notwithstanding any other provision of this Contract,
the total liability, in the aggregate, of MBL, its officers, directors, shareholders, employees, agents,
and consultants, and any of them, to CITY OF FAYETTEVILLE and anyone claiming by, through or
under CITY OF FAYETTEVILLE, for any and all claims, losses, liabilities, costs or damages whatsoever
arising out of, resulting from or in any way related to the Project or this Contract from any form of
negligence, professional errors or omissions (including breach of contract or warranty) of MBL, its
officers, directors, employees, agents or consultants, or any of them, SHALL NOT EXCEED One
Million Dollars ($1,000,000). The parties agree that specific consideration has been given by the
MBL for this limitation and that it is deemed adequate.
8.2 Remedies
8.2.1 Except as may be otherwise provided in this Contract, all claims, counter -claims, disputes and other
matters in question between CITY OF FAYETTEVILLE and MBL arising out of or relating to this
Contract or the breach thereof will be decided in a court of competent jurisdiction within Arkansas.
8.3 Audit: Access to Records
8.3.1 MBL shall maintain books, records, documents and other evidence directly pertinent to performance
on work under this Contract and for three (3) years from the date of final payment under this
Contract, in accordance with generally accepted accounting principles and practices consistently
applied in effect on the date of execution of this Contract. MBL shall also maintain the financial
information and data used by MBL in the preparation of support of the cost submission required for
City of Fayetteville, Arkansas — RFP 21-09
Vendor: Miller Boskus Lack Architects, P.A. and Pattern Zones Co. — Project: Pre -Approved Building Designs
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any negotiated Contract or change order and send to CITY OF FAYETTEVILLE a copy of the cost
summary submitted. CITY OF FAYETTEVILLE, the State or any of their authorized representatives
shall have access to all such books, records, documents and other evidence for the purpose of
inspection, audit and copying during normal business hours. MBL will provide proper facilities for
such access and inspection.
8.3.2 Records under Paragraph 7.3.1 above, shall be maintained and made available during performance
on assisted work under this Contract and until three years from the date of final payment for the
project. In addition, those records which relate to any controversy arising out of such performance,
or to costs or items to which an audit exception has been taken, shall be maintained and made
available until three years after the date of resolution of such appeal, litigation, claim or exception.
8.3.3 This right of access clause (with respect to financial records) applies to:
8.3.3.1 Negotiated prime Contracts;
8.3.3.2 Negotiated change orders or Contract amendments in excess of $10,000 affecting the price of
any formally advertised, competitively awarded, fixed price Contract; and
8.3.3.3 Contracts or purchase orders under any Contract other than a formally advertised, competitively
awarded, fixed price Contract. However, this right of access does not apply to a prime Contract,
lower tier subcontract or purchase order awarded after effective price competition, except:
8.3.3.3.1 With respect to record pertaining directly to subcontract performance, excluding
any financial records of MBL;
8.3.3.3.2 If there is any indication that fraud, gross abuse or corrupt practices may be
involved;
8.3.3.3.3 If the subcontract is terminated for default or for convenience.
8.4 Covenant Against Contingent Fees
8.4.1 MBL represents that no person or selling agency has been employed or retained to solicit or secure
this Contract upon a Contract of understanding for a commission, percentage, brokerage or
City of Fayetteville, Arkansas — RFP 21-09
Vendor: Miller Boskus Lack Architects, P.A. and Pattern Zones Co. — Project: Pre -Approved Building Designs
Page 15 of 17
continent fee, excepting bona fide employees or bona fide established commercial or selling
agencies maintained by MBL for the purpose of securing business. For breach or violation of this
representation, CITY OF FAYETTEVILLE shall have the right to terminate this Contract without liability
or at its discretion, to deduct from the contract price or consideration, or otherwise recover, the full
amount of such commission, percentage, brokerage, or contingent fee.
8.5 Gratuities
8.5.1 If CITY OF FAYETTEVILLE finds after a notice and hearing that MBL or any of MBL's agents or
representatives, offered or gave gratuities (in the form of entertainment, gifts or otherwise) to any
official, employee or agent of CITY OF FAYETTEVILLE, in an attempt to secure a Contract or favorable
treatment in awarding, amending or making any determinations related to the performance of this
Contract, CITY OF FAYETTEVILLE may, by written notice to MBL terminate this Contract. CITY OF
FAYETTEVILLE may also pursue other rights and remedies that the law or this Contract provides.
However, the existence of the facts on which CITY OF FAYETTEVILLE bases such finding shall be in
issue and may be reviewed in proceedings under the Remedies clause of this Contract.
8.5.2 In the event this Contract is terminated as provided in Paragraph 7.5.1, CITY OF FAYETTEVILLE may
pursue the same remedies against MBL as it could pursue in the event of a breach of the Contract by
MBL.
8.6 Arkansas Freedom of Information Act
8.6.1 City contracts and documents, including internal documents and documents of subcontractors and
sub -consultants, prepared while performing City contractual work are subject to the Arkansas
Freedom of Information Act (FOIA). If a Freedom of Information Act request is presented to the CITY
OF FAYETTEVILLE for records kept solely and only in the possession of MBL, to the extent required by
law, MBL will provide the documents in a prompt and timely manner as prescribed in the Arkansas
Freedom of Information Act (A.C.A. §25-19-101 et seq.). Only legally authorized photocopying costs
pursuant to the FOIA may be assessed for this compliance.
City of Fayetteville, Arkansas — RFP 21-09
Vendor: Miller Boskus Lack Architects, P.A. and Pattern Zones Co. — Project: Pre -Approved Building Designs
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IN WITNESS WHEREOF, CITY OF FAYETTEVILLE, ARKANSAS by and through its Mayor, and MBL and PATTERNS
ZONES CO., by their authorized officers have made and executed this Contract as of the day and year first above
written.
DATE: to- (r `Z'
ATTEST:
rFptl'
By:
Kara PaxtoU, City Clerk Treasurer
FAYE-iTEvILLE ;
MILLER BOSKUS LACK ARCHITECTS, P.A. '.,y.RkA��'�.•,•`
I•� �i 6ii+►'.C'
32
Audy G. Lack, Principal
PATTERN ZONES CO.
By: 0 (
Matt ew Petty, CEO
DATE: eg I L 9' -Z [) L—L
END OF CONTRACT FOR PROFESSIONAL ARCHITECTURAL SERVICES
City of Fayetteville, Arkansas — RFP 21-09
Vendor: Miller Boskus Lack Architects, P.A. and Pattern Zones Co. — Project: Pre -Approved Building Designs
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PLANNING
NEGOTIATED SCOPE OF WORK
RFP 21-09, Pre -approved building design
Ve r. 1.1. 8/17/2022
PLANNING
May 11, 2022
City of Fayetteville
Development Services
To the City of Fayetteville,
We are eager to submit a negotiated scope of work to design and implement a pre -approved building program
in our hometown. Our team is uniquely qualified for this project, both in subject matter expertise and knowledge
of local conditions. Candidly, there is not another team in this country with more experience designing and
implementing pre -approved building programs. Together with our partners, MBL Planning brings almost a half -
century of combined experience working within municipal government; dozens of award -winning architecture,
urban design, and policy projects; and a team comprised primarily of current and former Fayetteville residents.
While MBL Planning has become known nationally for implementing the first comprehensive pre -approved building
program, our drive to find new solutions hasn't ebbed.
• Instead of merely 4-6 pre -approved buildings, we propose to pre -approve dozens of buildings, and provide
access to end -users via an internet platform that will make requesting a building permit as easy as picking a
movie on a streaming service.
• We're prepared to license 4-6 custom architectural designs along with a much larger set of complementary
designs that can be swapped in and out of the program on an annual basis as Fayetteville's consumer
preferences and planning goals change.
We're excited to partner with our neighbors, our colleagues, and the city we call home to bring changes that will
improve access to housing in an area that desperately needs it. We stand for diverse, complicated public realms,
where interventions are only as strong as they are nuanced. To that end, we're committed to the highest form of
engagement —a program that gives people the tools they need to participate in the positive evolution of their own
neighborhoods.
Thank you for giving this proposal your consideration. We stand ready to answer any questions you may have and
get to work.
Sincerely,
Matthew*Hoffffman,
Director of Urban Design
MBL Planning
FAYETTEVILLE PRE -APPROVALS I MBL PLANNING Negotiated Scope of Work — Page 1 of 21
EXECUTIVE SUMMARY
Proposal for Pre -approved building design
This proposal describes a facilitated planning
process paired with an architectural subscription
program with the intent of guiding private sector
development toward more appropriate and higher
quality infill. This proposal has been developed
in coordination with client staffers in series of
negotiated conversations following the issuance of
an RFP for program and policy design related to a
new pre -approved building program.
TEAM OVERVIEW
Our team is uniquely qualified in both subject
matter expertise and knowledge of local conditions.
• More than half of our proposed team has
participated in the implementation of multiple
pre -approved building programs.
• Our proposed project manager served as
planner and project manager for the City of
Bryan, TX when that city implemented a pre -
approved building program.
• More than three-quarters of our team lives or
has lived in Fayetteville.
• Almost every team member has work history in
Northwest Arkansas.
HIGHLIGHTED EXPERIENCE
Pre -approval programs in Bryan, Texas
Claremore, Oklahoma, and Bentonville.
Form based codes in more than two dozen
cities, including Rogers, Fort Smith, Russellville,
and Conway.
Walmart Home Office site concept and
associated zoning revisions.
• Infill development experience in Fayetteville,
broader NWA, and national markets including
Atlanta, DFW, and Portland.
• Facilitated launch and development of
downtown organizations in Fayetteville,
Springdale, Rogers, Bentonville, North Little
Rock, and many more.
Multiple options. The scope includes licensing to dozens of
buildings. Applicants will be able to cross-reference regulatory
details and explore their options on an easy to use platform.
11
MA
Three steps to project approval. We envision a rapid turn-
around for pre -approved permit applications. It happens in three
steps. 1) Identify a qualifying parcel. 2) Browse the pre -approved
buildings and companion guidelines. 3) Make a selection and
send an inquiry to city hall packaged with all the relevant details.
FAYETTEVILLE PRE -APPROVALS I MBL PLANNING Negotiated Scope of Work — Page 2 of 21
OUTLINE
SCHEDULE SUMMARY
• Concept project area: generally defined by the
boundaries of the Downtown Master Plan and
Walker Park Neighborhood Master Plan, with
specific boundaries to be determined.
• Primary task: a facilitated process of
shortlisting, scoping, and selecting buildings to
be included in a pre -approval system.
• Up to 24 buildings total, with four to six of
those buildings being designed specifically for
Fayetteville. (Number of buildings dependent
on building selection.)
• Companion components include feasibility
models for building types, site development
criteria and diagrams, tax yield scenarios, and
affordability analysis.
• The team does not anticipate a ground -up
rewrite of existing zoning, but is prepared to
conduct a code audit and make data -based,
recommendations for housing policies.
• Architectural assets are licensed through a
subscription that applicants can access through
an online portal.
PROGRAM FEATURES
Right -sized catalog. The size of the catalog can
grow or shrink to match the variety of buildings
desired from the program.
Swappable buildings. The city can add buildings or
building types as consumer preferences or planning
goals change.
IBC -Ready. Even buildings that require a stamped
set of plans can be pre -approve with the integration
of specialized program components.
Applicable codes. All buildings meet applicable
codes, such as FHA.
The team is ready to warrant its capacity to complete
the project on the prescribed timeline.
October 2022. Kickoff with core workgroup.
Q4 2022 - Q1 2023. Define applicable area and
short list building types. Framework memo.
Redevelopment scenario concepts. Building type
models. Cross -departmental kickoffs and interviews.
Community focus groups and interviews.
Q1-Q2 2022. Supplemental site and development
criteria. Short list and select specific buildings.
Infill site diagrams drafted. Building safety reviews.
Community webinar. Scenario yield projections.
Affordability gap and bonus analysis.
Q3 2023. Software demonstration. Affirmative
marketing resources. Data onboarding and sandbox
testing. Community webinar and exhibit. Legislative
actions.
Q4 2023. Offical program deployment.
ENGAGEMENT OVERVIEW
The team believes a steering committee
essential to the success of the project. The
team's goal is to make sure steering committee
members act as project champions in the
community -at -large. To that end, the team
follows a production pipeline wherein technical
drafts originate with a core workgroup, are then
vetted through by the steering committee, and
are then presented more publicly.
• The team takes an all -hands approach to
engagement and is committed to working
with the city to engage the public on the city's
existing media channels.
• The primary mechanism for public engagement
are face-to-face and hybrid focus groups and
interviews.
Two community webinars are also included.
These are envisioned as live webinars co -
produced by the team and the city and hosted
by the city. One webinar to discuss housing
policy analysis and the other to launch and
demo the program.
A multi -day exhibit, including a face-to-face
community presentation, is also included in the
scope.
• City responsibilities: direct engagement costs
such as venue and equipment rentals, printing,
and event -based staff time.
FAYETTEVILLE PRE -APPROVALS I MBL PLANNING Negotiated Scope of Work — Page 3 of 21
FEE
Total as proposed: $212,257. Including:
• $85,738 in analysis and production.
• $61,200 in platform licensing.
• $66,519 in coordination and direct engagement.
ANALYSIS AND PRODUCTION
$85,738 includes:
• $2,703 in project orientation
• $5,640 for a code audit for internal use
• $1,082 in applicable area definition
• $6,487 in redevelopment scenario concepts
• $1,489 in short listing building types
• $2,030 in consensus framework and memo
• $9,619 for feasibility models
• $2,305 in supplemental criteria documentation
• $1,489 in selecting specific buildings
• $5,569 for corresponding site diagrams
• $6,762 for sensitivity testing of candidate codes
• $6,568 in building safety review coordination
• $1,764 for process outlines
• $10,027 in redevelopment yield scenarios
• $7,783 in affordability gap and bonus analysis
• $1,153 in legislative action inventory
• $949 in software demonstrations
• $6,018 in launch and marketing resources
• $5,100 in data onboarding and sandbox testing
PLATFORM LICENSING
$61,200 covers:
• 3 years of platform and catalog access
• Licensing agreement development and
execution (note this agreement will be with a
subsidiary entity)
COORDINATION AND ENGAGEMENT
$66,519 includes:
• biweekly coordination calls for the duration
• 2 webinars co -produced with the city
• 1 exhibit co -produced with the city
• 2 site visits by the project manager
• 5 meetings with relevant committees
• 8 focus groups
• 20 interviews
PAYMENT SCHEDULE
Mobilization. Ten percent of the total fee upon
contract execution.
Progress payments. Monthly invoices with billing
according to the proportion of the work that has
been completed at the time of invoicing.
ADDITIONAL SERVICES AS NEEDED
• $15,000 Custom building design (additional).
• $12,500 Printable pattern book.
• $13,000 Branded outreach video.
• $40,000 New ground -up form -based code.
• $30,000 Regional market analysis.
FAYETTEVILLE PRE -APPROVALS I MBL PLANNING Negotiated Scope of Work — Page 4 of 21
CORE COMPONENT
Pre -approved building program
A program for pre -approved buildings is a novel
technique that combines zoning and development
mechanisms with an economic incentive. It is
designed from the ground up to guide a market
response to desired planning outcomes.
Cities can tailor such a program to any number
of goals to address the shortcomings of modern
codification structures directly. It is specifically
intended to encourage small- and middle -scaled
urban development, and it is flexible enough to
address Main Street conditions or single-family
neighborhoods, even in the same coding regime
CORE FEATURES
The core of the program is the architecture itself.
This program is voluntary for applicants and
that makes it powerful, because cities can require
participating applicants construct the pre -approved
standard. Supplemental criteria can be imposed
due to the voluntary nature of the program.
This armature provides flexibility with respect to
codification, allowing a pre -approval program to
be implemented with either conventional or form -
based codes.
Pre -approving buildings provides inherent cost
savings. In Bryan, Texas and Fayetteville, Arkansas,
historical development data shows pre -approval
could save up to $8,000 per unit on a fourplex or
$13,000 per unit on a 12-plex (in 2017 dollars).
Those savings come from saved (but not entirely
eliminated) professional fees, not to mention time
saved in permitting. All that adds up to a much
shorter time -to -market and meaningful value.
The city can leverage that value to a number of
uses, such as cost recovery for the city, affordability
provisions, or simply meeting latent demand. A
pre -approval program can even be designed to
meet very particular types of demand. For instance,
if demand is comparatively high for 1-bedroom
units, the pre -approved buildings in the program
could preference that unit type. When demand
characteristics change, the portfolio of pre -approved
buildings could be changed in response.
The way a pre -approval program works means that
it can be tailored for particular starting densities
and adjusted for future densities. It operates on the
theory that developers make decisions across three
dimensions: what is marketable, what is allowed, and
what is convenient. A pre -approval program works
by changing what is convenient in addition to what
is allowed. It works by entitling infill via increments that
are calibrated to the desired development pattern and
existing contexts. It is especially useful for cities who
have adopted modern best practices but still see the
market under -utilizing properties.
Quick -Start Option: It may be possible to start
quickly with a smaller preliminary pre -approval
system if the building types adhere to strict
architectural criteria with respect to building codes.
We are eager to discuss this option in more detail if
given the opportunity. The team in Claremore, OK
used this option to support a pilot project.
ARCHITECTURAL LICENSING
The team proposes a licensing model model that
provides the city with access to dozens of buildings.
Instead of licensing only a handful of buildings in
perpetuity, the city can license a far greater number
of buildings and adjust the subscription over time.
The team proposes a multi -year subscription with
subscription modifications allowed annually.
Besides providing the city with a larger portfolio,
this model also allows the team to present the city
with many options. The city can mix -and -match their
subscription by pulling from the larger catalog which
already contains more than 50 buildings. The team
is adding to the catalog all the time and expects the
catalog to contain hundreds of buildings by the end
of 2022.
The license can also include custom buildings.
FAYETTEVILLE PRE -APPROVALS I MBL PLANNING Negotiated Scope of Work — Page 5 of 21
FRAMEWORK AND APPROACH
Variations on a theme
The most common question about pre -approval
programs concerns sameness and variability.
Great care must be taken to design a system
where variations on a theme are supported and
encouraged while maintaining the expedited nature
of the pre -approval.
PROCESS
Beginning with existing plans, surveys, and aligning
principles, a prospective list of building types
is generated for feedback from the city and its
partners. A pre -approval program can include all
manner of modest residential and commercial
buildings, but wise cities will shortlist, scope, and
select buildings according to the most pressing
needs in the study area.
This family tree of pre -approved building variations for Midtown
Bryan is based on four fundamental building types. Each of the types
is licensed and pre -approved for use by Bryan applicants, including a
builder's set of architectural drawings and guidelines for site design.
REPLICABLE TO OTHER DISTRICTS
A small, focused program for a single district can be
expanded to other neighborhoods. A smart pre -
approval program is designed to be a living program,
with buildings occasionally being decommissioned
or new buildings developed and included. When
the next district for a program is chosen, the same
process used for the original district can be used
anew. Once new buildings are commissioned, every
district can benefit from the work.
Top Row: Four fundamental types.
2nd Row: Prototypical variations.
3rd Row: Pre -approved buildings with builder's sets.
4th Row: Minor modifications can be approved by staff.
Other: Major modifications are ineligible for
expedited review.
Cottage: 1 or 2 units
(multiple formats)
Flexhouse: 1 or 2 units
(convertible by design)
Apartment House: 3 units
(fits w/ single-family)
46 Walkup: 4-12 units
(multiple formats)
FAYETTEVILLE PRE -APPROVALS I MBL PLANNING Negotiated Scope of Work — Page 6 of 21
FRAMEWORK AND APPROACH
Incremental development
Starting with the existing urban fabric and resources
from the city, these maps show how a pre -approval
program could be used to infill the suburban fabric in �..r.
Bryan, Texas. In comparison to the project area, the
City of Bryan is less dense, but the concept remains the
same.
We believe incremental development is a better
approach for cities because it preserves most
properties, including the associated tax revenues,
and produces a result that is more familiar to the
community. Incremental development of the kind called
for in City Plan 2040 can achieve transit -supportive
densities while utilizing existing infrastructure. ►.. Incremental infill in the
first five years.
6 du/acre.
r Ten years of incremental
a development.
iio fro 12 du/acre.
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Neighborhoods built incrementally displace fewer
people because the projects are smaller. Smaller
projects, aggregated together, can produce the same
tax revenues as larger scale projects and they don't
disrupt daily routines in a radical way, even when an
individual project fails.
We envision producing similar diagrams to show how
the project area may respond to the recommendations
when implemented.
Images excerpted from Midtown Pattern Book
produced for Bryan, Texas.
4�.
Familiarity at six times the original density (18
du/acre). With a carefully designed pre -approval
program, Midtown neighborhoods will still feel
familiar even after 15 years of development. In urban
development and design, familiarity can be rote
and boring or it can be charming and comforting. A
pattern zone enables the second kind of familiarity
that arises from variations -on -a -theme.
4
Typical Midtown Bryan
neighborhood today.
3 du/acre.
FAYETTEVILLE PRE -APPROVALS I MBL PLANNING Negotiated Scope of Work — Page 7 of 21
EXAMPLE DELIVERABLE
Site diagrams and supplemental criteria
Pre -approving buildings themselves provides
significant value, and that value can be amplified
with other programmatic elements.
Two additional components are critical. The first are
lot diagrams by building type and site format.
While not prescriptive, these diagrams are essential
for informing applicants about the additional
standards required for pre -approved buildings.
Because using a pre -approved building is voluntary
for applicants, the city has the freedom to enact
standards that may not otherwise be statutorily
possible to require of projects more generally.
For instance, parking can be forced to a particular
location on the site and alleys can be retrofit into
historic plats that never had them. Site diagrams
are annotated with plain language so everyone
understands the intent.
The design intent of the site diagrams, and other
features, are codified as supplemental criteria
in a document that stands apart from other
development standards. This document contains
ample annotations to assist staff —especially future
staff —in understanding the intent of the program as
they consider new interpretations and revisions.
Supplemental criteria control other aspects of the
pattern zone, too. Variability can be enforced on
projects that combine pre -approved buildings,
for example. Or, affordability provisions could be
required in certain situations. The opt -in feature of
the pattern zone allows wide latitude.
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Supplemental criteria. Codification best practice is to include
ample annotations describing the intent of any provisions subject
to interpretation. Adopted by reference, this excerpt is of a
standalone document for applicants and staff to use. It's used in
the Midtown Bryan Pattern Book to describe the pattern zone and
help applicants design their sites.
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Site diagrams for typical lots. In addition to multiple building formats for each type, a pattern zone might also pre -approve a building to be
constructed in multiple site formats. Here, development standards include new prescriptions for parking, trees, and walkability not otherwise
required by the city.
FAYETTEVILLE PRE -APPROVALS I MBL PLANNING Negotiated Scope of Work — Page 8 of 21
TEAM -LEAD
MBL Planning
MBL Planning offers a full range of planning and
urban design services. Our cross -disciplinary team
includes architects, urban designers, former city
officials, interior designers, mixed -use development
experts, and LEED accredited professionals, as well
as a suite of partners with experience in zoning
and ordinance writing, civil engineering, economic
development, grant writing, public engagement, and
plan implementation. We are committed to working
with clients to prepare plans that are tailor-made to
any budget or level of complexity. We understand
land -use planning from policy to pavement and
our team of designers is ready to lead the next
generation of development, which overwhelmingly
prefers walkable communities.
HOW WE WORK
We strive to ask the right questions. Our expertise
in complete neighborhood design and our
pioneering work developing pre -approval programs
makes our team stand out from other design firms.
We tailor each team, set of deliverables, and
workplan to the context of the project. MBL Planning
operates as a collaborative between designers,
planners, policy generalists, and public
engagement enthusiasts. While the core team
remains consistent, we right -size the team from
project to project to match client expectations
and budget.
We specialize in replicable solutions. Nearly every
design professional is familiar with the empty
feeling of seeing beautifully drawn plans languish
on shelves or become buried in files for years.
Unfortunately, this is perhaps the most common
outcome for municipal -scale planning projects.
We started MBL Planning because we think towns
and cities deserve the same level of service our
architectural clients have enjoyed for decades - the
reasonable expectation that completed projects will
result in actual progress.
We offer alternative polices and programs based
on municipal math. Our proposals are designed
to build community wealth through incremental
development of small- and medium -scale projects
in aggregate. When it comes to urban development,
we believe large scale projects should punctuate the
main urban pattern which is usually composed of
lot -by -lot projects. We help communities
become more resilient over time by increasing
their own capacity for traditional, proven
development patterns.
Good buildings deliver value to their owner; great
buildings also deliver it to their community. As
architects and planners, we are driven by human
ecologies. We believe neighborhoods and towns
aren't assets to be leveraged; they are delicate
environments for civil discourse, a forum for
conversation in design where genuine respect must
be extended both to people and place. Much like
surgery, development can be a violent, disruptive
process. It can also be absolutely essential. We
stand for diverse, complicated public realms,
where interventions are only as strong as they
are nuanced.
EE[I PLANNING
FAYETTEVILLE PRE -APPROVALS I MBL PLANNING Negotiated Scope of Work — Page 9 of 21
TEAM
Structure, and Responsibility
Steering Committee
Stakeholder Groups
Planning/
Analysis
Neighborhood Workshop
Neil Heller
Market Analysis
Mayor
City Council
Planning Commission
City of Fayetteville
Project Manager
Lead Consultant:
MBL Planning
Audy Lack AIA LEED AP
Principal -in -charge
Matt Hoffman AIA
Team Director
Lindsay Hackett AICP
Project Manager
Architecture /
Design
MBL Planning
Matt Hoffman AIA
Director of Urban Design
Place Strategies Flintlock
Brad Lonberger AIA AICP CNU-A Alli Quinlan AIA RLA LEED AP
Planning Director Building and Landscape Architect
Ivan Gonzalez AICP
Project Planner
MBL Planning
Matthew Petty CNU-A
Special Projects Planner
KUA
Eric Kronberg AIA LEED AP
Infill Architect
Citizenry
Placemaking /
Engagement
Velocity Group
Daniel Hintz
Engagement Director
FAYETTEVILLE PRE -APPROVALS I MBL PLANNING Negotiated Scope of Work — Page 10 of 21
BRYAN PRE -APPROVALS
MBL Planning
PRE -APPROVED BUILDINGS
FOR BRYAN, TX
MBL led a cross -disciplinary planning team in the
development of a comprehensive vision for over
two square miles, covering several distinct districts
between downtown and Texas A&M University.
The plan, which won a national award from
the Congress for the New Urbanism in 2020, is
both vast in scope and incredibly detailed in its
recommendations. Deliverables included definition
of and detailed policy direction for five different
experience districts along with preliminary designs
for catalytic projects and capital improvements
within each district. As a preliminary step, the
team completed a thorough market economics and
demographics study. Following four large public
meetings, and months of works sessions with
stakeholders, the team proposed a host of new
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zoning and development ordinances for the area,
which were officially adopted in May of 2020.
Among several innovative ideas, the Midtown
Pattern Zone stands out. This first -in -the -nation
zoning and economic development tool dramatically
lowers barriers to missing middle housing by pre -
approving complete building designs on a parcel -
by -parcel basis within the study area. The process
will encourage a new class of would-be developers
to actively engage in the improvement of their own
neighborhoods by completely eliminating some of
the most time-consuming, costly, and confusing
parts of the design and entitlement process.
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FAYETTEVILLE PRE -APPROVALS I MBL PLANNING Negotiated Scope of Work — Page 11 of 21
CLAREMORE PRE -APPROVALS
MBL Planning
PRE -APPROVED BUILDINGS FOR
CLAREMORE, OK
Together with Place Strategies, MBL Planning
provided a program of pre -approved buildings
for transitioning neighborhoods in and around
downtown. just the second major pre -approval
program behind Bryan Texas, MBL continued to
refine the process and provide innovative solutions.
For Claremore, a "Quick Start" program was
introduced that provided pre -approved buildings
to meet the current code. These fast -response
buildings were meant to provide a by -right set of
options outlining best practices within the current
code. Concurrently, a comprehensive engagement
strategy was implemented in order to provide a
larger set of pre -approved buildings to better suit
long-term plans.
Both the city and the planning team proved highly
adaptable —modifying their engagement strategy on
the fly to safely cope with the emerging COVID-19
pandemic while ensuring the success of the project.
Claremore is located northeast of Tulsa near the
heart of Rogers County in Oklahoma. The City
has been experiencing exponential growth and
has had issues expanding their built environment
to capture a larger share of the residential and
commercial market. Administration of their existing
code had been experiencing issues with conflicting
regulations.
FAYETTEVILLE PRE -APPROVALS I MBL PLANNING Negotiated Scope of Work — Page 12 of 21
WALMART HOME OFFICE
MBL Planning
MBL was proud to be the only local design firm
engaged in what is likely to be a major legacy project
for Northwest Arkansas: the new Walmart corporate
campus in Bentonville AR. In partnership with Sasaki
and Gensler, MBL was instrumental in creating a
50-year vision for the home office. MBL developed
key concepts such as incorporating the Razorback
Greenway through the heart of campus, and
locating the campus on both sides of an urbanized
8th street. Managing Principal Roger Boskus was
instrumental in seeing these critical concepts
become a permanent part of the overall vision.
MBL's focus on high quality public spaces in and
around 8th Street led in part to our selection as
the architect for the campus' amenity buildings -
which are heavily focused on this public way. In
the coming years, MBL's partnership with Walmart
will add a central campus auditorium, food hall,
welcome center, and other planned projects to the
8th Street corridor's already significant investments.
Collectively, MBL's focus on community connected
design will help make 8th Street a signature corridor
for all of Northwest Arkansas.
MBL's expertise in zoning and development codes
also led to a significant role in the development of a
Planned Unit Development (PUD) submission for the
entire campus. This critical document will provide
entitlement for all current and future phases of the
project, giving city leaders a sense of what to expect
while providing Walmart with the flexibility it needs
to adapt the campus to changing work climates.
Committed to strengthening public life. MBL's concept of
running the Razorback Greenway through the heart of campus
became a fundamental organizing principle for the overall
master plan.
FAYETTEVILLE PRE -APPROVALS I MBL PLANNING Negotiated Scope of Work — Page 13 of 21
AFFORDABLE HOUSING
MBL Planning
Cobblestone Farms is an upcoming community
designed to bring high quality, walkable, affordable
housing to West Fayetteville. Currently in the Large
Scale Development process, the development team
hopes to begin construction within the year.
Working in collaboration with Anthology Real Estate,
Strategic Realty, New Heights Church, The Potter's
House, Excellerate Foundation, and community
stakeholders, MBL Planning's cross diciplinaryteam
has created a series of project -specific housing
types, and assisted with the community masterplan
to make this project a reality. Current plans call for
over fifty rent -subsidized units ranging from one
to four bedrooms. Visually identical market -rate
housing will also be mixed in to the community,
along with non-residential functions such as a
community building, a working farm, green space,
and future space for retail and office.
4 .
FAYETTEVILLE PRE -APPROVALS I MBL PLANNING
Negotiated Scope of Work — Page 14 of 21
BRIARTOWN PRE -APPROVALS
Flintlock
288 SF
STUDI
UNIT
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i
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IKE
RAGE
1PT
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Boomerang Cottage
f In partnership with Robert Sharp Architect and Massengale Architecture, Flintlock
developed six pre -approved building designs for the city of Bentonville, Arkansas. These
k■ �� "permit ready" auxiliary dwelling unit plans will contribute to more affordable housing
options in the walkable downtown area, with designs that compliment the fabric of existing
neighborhoods.
Funded by a Walton Family Foundation grant to the Community Development Corporation
of Bentonville/Bella Vista, the design specifications and construction documents will be
shared free of charge with the general public and commercial developers. All materials will
be housed on a public online portal, with the goal of encouraging additional affordable
housing development in Bentonville and downtown markets.
Raleigh House
Grant Cottage Ridgeway Cabin Berkeley Cottage
FAYETTEVILLE PRE -APPROVALS I MBL PLANNING Negotiated Scope of Work — Page 15 of 21
CULTURAL ARTS CORRIDOR
Flintlock
The City of Fayetteville, Arkansas, envisions a transformative 50-acre Cultural Arts Corridor that will link existing cultural attractions —
including the Walton Arts Center, TheatreSquared, Nadine Baum Studios, Fayetteville Public Library, and the Fay Jones Woods— into a
cohesive, dynamic district. The project will incorporate playful recreation elements, public art, streetscaping, enhanced pedestrian paths,
and open-air gathering spaces, while restoring the former native woodland stream ecology of the Tanglewood Stream. The plan for this
transformative project is made possible by a grant from the Walton Family Foundation's Design Excellence Program. Award -winning landscape
architects Nelson Byrd Woltz (NBW) were selected to design the corridor, with Flintlock Ltd Co serving as local Landscape Architect. When
complete, the district will serve as a vibrant and memorable civic space for entertainment, community, and expression that also showcases the
unique character and culture of Fayetteville.
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FAYETTEVILLE PRE -APPROVALS I MBL PLANNING
Negotiated Scope of Work — Page 16 of 21
FAYETTEVILLE INFILL
MBL Planning, Flintlock
MBL and Flintlock have deep roots in Fayetteville.
Matt Hoffman (MBL) and Alli Quinlan (Flintlock)
both spent time working as Project Designers at the
University of Arkansas Community Design Center
before becoming Planning Commissioners for the
city, and representing Fayetteville's community of
architects nationally through multiple presentations
at the Congress For the New Urbanism.
All the while, their work within their hometown has
been informed by a devotion to making lovable
places - infill projects that anyone would be proud to
call home.
FAYETTEVILLE PRE -APPROVALS I MBL PLANNING Negotiated Scope of Work — Page 17 of 21
DOWNTOWN ROGERS PLAN
Place Strategies with Velocity Group
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PREPARING FOR A QUALITY FUTURE
Derrell Smith
Fmr City Planner
Brad Lonberger, as lead urban designer for Gateway Planning supported the effort to craft
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derrel.smith@Jonesboro.
a bold, creative, systematic and executable revitalization Ian that builds on Downtown
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org
Rogers' rich history and capitalizes on the City's momentum to maximize its future potential.
As the gateway to Lake Atalanta and one of the most substantial historic downtowns in the
Site Details
region, Rogers benefits from regional growth in a quality way by attracting investment into
60 Block Downtown Core
Its downtown.
Scope/Services
Feasibility Analysis
The team framed a multifaceted opportunity through a detailed market stud and
pp Y g Y
Form -Based Codes
uncovered a very strong community vision through extensive early interviews and focus
Master Plan
groups. The work has unfolded in strong partnership with the Northwest Arkansas Council,
Market Analysis
Main Street Rogers, the Rogers -Lowell Chamber of Commerce along with key business
Public Engagement
owners, residents, and City officials.
Services
$400,00o
Brad worked direct) on the urban design and implementation Ian elements, as well as
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writing the zoning ordinance for Downtown Rogers in order to guide revitalization as a
Potential Value
bold and aggressive roadmap to achieve transformational results in Downtown. The tools
$100 Million
developed focus on the regional Northwest Arkansas trends; Downtown strengths, and
Start/Completion Date
opportunities. The final Master Plan and Development Code was adopted by the City in
2014-2015
July 2015.This plan created the idea of the Frisco Front Park which was a funded landscape
design project through the Northwest Arkansas Design Excellence Program.
FAYETTEVILLE PRE -APPROVALS I MBL PLANNING Negotiated Scope of Work — Page 18 of 21
INFILL HOUSING STUDY
Neighborhood Workshop
CLIENT NAME
City of St. Paul, Minnesota (Public Agency)
YEAR COMPLETED
Current
CONTACT
Luis Pereira , Director of Planning
(651)-266-6556 / Luis.Pereira@ci.stpaul.mn.us
BUDGET
$40,500
DESCRIPTION
In response to Comprehensive Plan Goals and City
Council Resolution 18-204, the 1-4 Unit Infill Housing
Zoning Study is a two-part study that evaluates
potential zoning code amendments to allow a greater
diversity of single-family developments, small-
scale multi -family including duplexes, triplexes, and
fourplexes in existing residential zoning code districts
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R4 nonconforming lots based on current minimum standards
This analysis intends to better connect proposed
standards with the physical realities on the ground
using dimensional realities of the desired range unit
types with current market realities and financial
feasibility.
MUNICIPAL REVENUE ANALYSIS
Neighborhood Workshop
CLIENT
Hometowne Development
YEAR COMPLETED
November January 2021
CONTACT
Mike Keen, President
(574) 514-2096 / mfkeen1 @gmail.com
DESCRIPTION
To generate build -out results, prototypes of each
existing and proposed unit types were built in the
ROI Modeler, a scenario modeling software that uses
physical and financial inputs to closely simulate a real
development project.
One of the key outputs for this exercise is municipal
revenue, or property taxes liability, that when
aggregated, can provide a complete picture of the
impact of small-scale development in a
specified geography.
Development types were modeled in phases
accounting for a 15-year full build -out horizon,
Once aggregated, municipal revenue projections
demonstrate over $300k per annum, a positive 2,334%
of change from 2021 (current year) to 2029, at full
build -out.
FAYETTEVILLE PRE -APPROVALS I MBL PLANNING Negotiated Scope of Work — Page 19 of 21
ATLANTA INFILL DEVELOPMENT
KUA
La France Walk is a pocket community located in the
Edgewood neighborhood of Atlanta. Self -developed
by KUA and informed by fifteen years of research
and market observation, the project was designed
in accordance with core principles of walkability,
inclusivity, and resilience. In response to the growing
demand for car -optional, in -town residential options
and in anticipation of a surging in -town population,
La France Walk takes advantage of the nearby rail
station by minimizing car parking, allowing for
maximum use of the tight footprint. Homes were
designed with either a garage or an attached guest
suite equipped with a kitchenette and full bathroom,
providing buyers with the option of extra space
for a home office, a guest suite for aging parents,
or the opportunity to offset the cost of mortgage
payments through rent. A mix of single-family
homes, duplexes, and attached accessory dwelling
units provide a range of housing choices and price
points. The forward -thinking project was recognized
with a Charter Award from the Congress for the New
Urbanism in 2018 and a Design of Excellence Award
from ULI in 2019.
CLIENT
Self -performed development
LOCATION
Edgewood, Atlanta, Georgia
SIZE
25 units on 2.5 acres
AWARDS
2018 CNU Charter Award
2018 ARC Development of Excellence
2019 ULI Design of Excellence
lA "ANCE STKET
WCn
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oco
FAYETTEVILLE PRE -APPROVALS I MBL PLANNING Negotiated Scope of Work — Page 20 of 21
MOUNT SEQUOYAH CAMPUS
MBL Planning with Velocity Group and Archetype
COI►/ 4 ATA I VITA
Founded in 1922 by the Methodist Church,
Mount Sequoyah Retreat and Conference
Center desired an updated vision, mission,
and development plan around its unique
37-acre campus on top of Mount Sequoyah
in Fayetteville, Arkansas. Working with MBL
Planning and branding firm Archetype, the
Velocity Group led the project, developing a
comprehensive plan with an updated brand
and story. A multi -phased development and
rehabilitation plan identified both costs and
new revenue opportunities, as well as activation
and experience design recommendations to
reposition the campus, deepen value, and
build organizational structures for long-term
sustainability.
PROJECT CONTACT
Jess L. Schload
Executive Director
jess@mountsequoyah.org
(479) 443-4531
FAYETTEVILLE PRE -APPROVALS I MBL PLANNING Negotiated Scope of Work — Page 21 of 21
City of Fayetteville, Arkansas - Budget Adjustment Form (Legistar)
Budget Year Division Adjustment Number
/Org2 DEVELOPMENT SERVICES (620)
2022
Requestor: Jonathan Curth
BUDGET ADJUSTMENT DESCRIPTION / JUSTIFICATION:
$22,870 is requested in the Pre -Approved Building Designs project, funded in Sales Tax Capital to cover the awarded
contract of $212,257 plus an additional $10,613 for project contigency (5%).
COUNCIL DATE
LEGISTAR FILE ID#
9/20/2022
2022-0814
}f oil y 31ac1�
9/1/2022 1:21 PM
Budget Director Date
TYPE: D - (City Council)
JOURNAL #:
RESOLUTION/ORDINANCE
I GLDATE:
CHKD/POSTED:
9/20/2022
TOTAL
Account Number
22,870 22,870
Increase / (Decrease)
Expense Revenue
Proiect.Sub#
Project Sub.Detl AT
v.20220818
Account Name
4470.620.8900-5315.00
12,257 -
21003 1 EX
Contract Services
4470.620.8900-5315.00
4470.001.9470-4999.99
10,613 -
- 22,870
21003 1 EX
RE
Contract Services
Use Fund Balance - Current
H:\Budget Adjustments\2022_Budget\CITY COUNCIL\09-20-22\2022-0814 BA MBL pre -approved bldg designs 1 of 1
Pattern Zones Co. Service Agreement
City of Fayetteville Staff Review Form
2024-0249
Item ID
N/A
City Council Meeting Date-Agenda Item Only
N/A for Non-Agenda Item
Britin Bostick 4/8/2024 LONG RANGE PLANNING (634)
Submitted By Submitted Date Division/ Department
Action Recommendation:
Staff recommends approval in accordance with Resolution 236-22 passed by the City Council on October 4,
2022.
Budget Impact:
4470.620.8900-5315.00 Sales Tax Capital
Account Number Fund
21003.1 Pre-Approved Building Designs
Project Number Project Title
Budgeted Item? Yes Total Amended Budget $ 222,870.00
Expenses (Actual+Encum) $ 212,257.00
Available Budget 10,613.00
Does item have a direct cost? No Item Cost $Is a Budget Adjustment attached? No Budget Adjustment $ -
Remaining Budget 10,613.00
V20221130
Purchase Order Number: 2022-00000705 Previous Ordinance or Resolution# 236-22
Change Order Number: Approval Date: 04/29/2024
Original Contract Number: 2022-00000054
Comments:
CITY OF
FAYETTEVILLE STAFF MEMO
ARKANSAS
TO: Lioneld Jordan, Mayor
THRU: Susan Norton. Chief of Staff
Jonathan Curth, Development Services Director
FROM: Britin Bostick. Long Range Planning/Special Projects Manager
DATE: April 19. 2024
SUBJECT: Service Agreement with Pattern Zones Co. for access to the online platform
for use with the city's Permit-Ready Building Design Program
RECOMMENDATION:
Staff recommends approval in accordance with Resolution 236-22.
BACKGROUND:
On October 4. 2022 the City Council approved a contract with Miller Boskus Lack Architects.
P.A.. D/B/A MBL Planning and Pattern Zones Co. pursuant to RFQ #21-09 in the amount of
$212,257.00 for the development of a Pre-Approved Building Design Program. Included in the
contract amount was three years of access to a design library via a licensing contract with
Pattern Zones Co. for a total of$61.200. The design library will hold the 30 building designs
selected for use by the City of Fayetteville to make available to its customers as part of the
Permit-Ready Building Design Program (renamed from the original project name).
DISCUSSION:
The attached service agreement provides the terms under which the City of Fayetteville will
have access to the design library and the use of the building designs and plan sets, as well as
set annual fees for the initial three year term plus the first two years of renewal. Staff are
presently engaged in web platform testing and review and the review of building plan sets that
will be made available to the city's customers. The program is expected to be available to
customers in early summer 2024.
BUDGET/STAFF IMPACT:
N/A
Attachments:
SRF, Exhibit A - Program Area Map
Mailing Address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
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A Permit-Ready Building
Design Program Area Master Plan Area = PRB Area
0 0.05 0.1 0.2 Miles Complete Neighborhood PRB Area Parcels
liiiliiiJ 03.19.2024 = Plan
SERVICE AGREEMENT
This Service Agreement ("Agreement") is made and entered into as of the Effective
Date, by and between Pattern Zones, Co., a Delaware public benefit corporation
located at 875 N. Fritz Drive, Fayetteville, Arkansas 72701 ("PZC") and City of
Fayetteville, a municipality formed under the laws of the State of Arkansas
("City").
WHEREAS, PZC is in the business of providing access to an online
platform to municipalities, architects, and urban designers for use with pre-
approved building plans (the "Platform") and City desires to use PZC's Platform;
NOW THEREFORE, in consideration of the mutual promises and
commitments set forth herein, and other good and valuable consideration, the
receipt and sufficiency of which are hereby acknowledged, the parties agree as
follows:
1 DEFINITIONS
"Authorized User" shall mean the City and its employees, representatives,
consultants or agents who are authorized by PZC to use the Platform and
any contractors and sub-licensees of City granted access to use the
Platform in connection with the City's Permit-Ready Building Design
Program, who have been supplied user identifications and/or credentials
by City or on City's behalf.
"Platform" means PZC proprietary software applications and user
interfaces as defined in Schedule A and made available to the City as part
of this Agreement.
"Program Area" means a geographically limited area within which the
portfolio buildings made available via the Platform may be licensed or sub-
licensed for use by the City.
"Term" means any Initial Term and/or Renewal Term as defined in Section
3 of this Agreement.
2 PROVISION OF SERVICES
2.1 In consideration of the fees paid by City set out in Schedule A and subject
to the terms and conditions of this Agreement, PZC grants to City during
the Term of this Agreement the nontransferable, nonexclusive license to
Page 1 of 11
permit Authorized Users to (a) use the Platform and (b) view the Platform
Content on any single device or on multiple devices, all solely for City's own
operation of its Permit-Ready Building Design Program, a pre-reviewed and
pre-approved building plans program. This nonexclusive license shall be
limited to the approved Program Area as shown on Exhibit A as it may be
amended by the City from time to time. If the City amends the Program
Area, PZC will be notified of the change within 30 days.
2.2 City acknowledges and agrees that (i) the City shall not license, sell, rent,
lease, transfer, assign, distribute, display, host, outsource, disclose or
otherwise commercially exploit or make the Platform available to any third
party other than an Authorized User; (ii) the City shall not modify, make
derivative works of, disassemble, reverse compile, or reverse engineer any
part of the Platform or access the Platform in order to build a similar or
competitive product or service; (iii) except as expressly stated herein, no
part of the Platform may be copied, reproduced, distributed, republished,
downloaded, displayed, posted or transmitted in any form or by any means,
including but not limited to electronic, mechanical, photocopying,
recording, or other means; (iv) City acknowledges and agrees that PZC or
its third party vendors shall own all right, title and interest in and to all
intellectual property rights in the Platform and any suggestions,
enhancement requests, feedback, or recommendations provided by City or
its Authorized Users relating to the Platform, including all unpatented
inventions, patent applications, patents, design rights, copyrights, and all
other intellectual property rights, derivatives or improvements thereof; (v)
unauthorized use, resale or commercial exploitation of any part of the
Platform in any way is expressly prohibited; (vi) City does not acquire any
rights in the Platform, express or implied, other than those expressly
granted in this Agreement and all rights not expressly granted to City are
reserved by PZC and its third party vendors; and (viii) this Agreement is not
a sale and does not convey any rights of ownership in or related to the
Platform to City.
2.3 Subject to the terms and conditions of this Agreement, City grants to PZC
the non-exclusive, nontransferable worldwide right to copy, store, record,
transmit, display, view, print or otherwise use (a) City data solely to the
extent necessary to provide the Platform and (b) City data to the extent it is
required by any state or federal law.
Page 2 of 11
3 TERM
3.1 This Agreement shall commence on the date of the last signature hereto (the
"Effective Date") and shall continue throughout the Initial Term and any
Renewal Terms. The Initial Term of the Licensed Platform shall be three (3)
years commencing on the first date for which members of the public are
authorized access to the Platform (the "Deployment Date"). The Platform
License may be extended by the City for two (2) successive one-year terms
on the same terms and conditions by written notice to PZC (each a"Renewal
Term"). The Initial Term and all Renewal Terms shall be referred to
collectively as the "Term."
3.2 The City shall provide six (6) months' notice of non-renewal in the event the
City does not wish to renew the agreement at any point after the three year
Initial Term.
4 TERMS OF SERVICE
4.1 City's Obligations. City shall be solely responsible for its actions and the
actions of its Authorized Users while using the Platform. City agrees to
comply with all applicable local, state and federal laws, treaties, regulations
and conventions in connection with its use of the Platform, including
without limitation those related to data privacy, international
communications, and the exportation of technical or personal data. City
agrees to notify PZC immediately of any unauthorized use of any password
or account or any other known or suspected breach of security or any
known or suspected distribution of content from the Platform.
5 CONFIDENTIAL INFORMATION
5.1 Each party may have access to information that is confidential to the other
party ("Confidential Information"). For purposes of this Agreement,
Confidential Information shall include any information that is clearly
identified in writing at the time of disclosure as confidential as well as any
information that, based on the circumstances under which it was disclosed,
a reasonable person would believe to be confidential. City's Confidential
Information shall include, but not be limited to, City Data.
Page 3 of 11
5.2 A party's Confidential Information shall not include information that (i) is
or becomes a part of the public domain through no act or omission of the
other party; (ii) was in the other party's lawful possession prior to the
disclosure without any obligation of confidentiality and had not been
obtained by the other party either directly or indirectly from the disclosing
party; (iii) is lawfully disclosed to the other party by a third party without
restriction on disclosure; (iv) is independently developed by the other party
without use of or reference to the other party's Confidential Information, as
established by written records; or (v) is a "public record" subject to
inspection and copying pursuant to the Arkansas Freedom of Information
Act.
5.3 The parties agree to use commercially reasonable efforts not to make each
other's Confidential Information available in any form to any third party.
Notwithstanding the foregoing, City acknowledges and agrees that PZC may
disclose City's Confidential Information to its third party vendors solely to
the extent necessary to provide products or services under this Agreement.
5.4 This Section will not be construed to prohibit disclosure of Confidential
Information to the extent that such disclosure is required by law or valid
order of a court or other governmental authority; provided, however, that a
party who has been subpoenaed or otherwise compelled by a valid law or
court order to disclose Confidential Information (the "Responding Party")
shall first have given sufficient and prompt written notice to the other party
of the receipt of any subpoena or other request for such disclosure, so as
to permit such party an opportunity to obtain a protective order or take
other appropriate action. The Responding Party will cooperate in the other
party's efforts to obtain a protective order or other reasonable assurance
that confidential treatment will be afforded the Confidential Information. If
the Responding Party is compelled as a matter of law to disclose the
Confidential Information, it may disclose to the party compelling the
disclosure only that part of the Confidential Information as is required by
law to be disclosed.
6 INSURANCE
6.1 PZC shall hold and maintain at its own cost and expense from a qualified
insurance company standard cybersecurity insurance covering privacy
breaches and loss or disclosure of confidential information no matter how
it occurs, system breach, denial or loss of service, introduction,
Page 4 of 1 1
implantation, or spread of malicious platform code, communications and
media liability, and unauthorized access to, or use of, computer systems.
PZC agrees to furnish City a certificate of insurance evidencing same within
thirty (30) days after execution of this Agreement.
7 INDEMNIFICATION
7.1 PZC will indemnify, defend and hold harmless City for losses City incurs as
a direct result of any unaffiliated third party claim based on any claim that
the Platform infringes any U.S. patent or U.S. copyright except to the extent
resulting from (i) City's modification of the Platform or combination by City
of the Platform with other products or services if the Platform would not
have been infringing but for such combination or modification, (ii) City's
use of the Platform in a manner not authorized herein or for which it was
not designed, (iii) City's failure to use an updated non-infringing version of
the applicable intellectual property to the extent City was notified that the
update cured an infringement, or (iv) changes to the Platform made by PZC
at the direction of the City. If any item for which PZC has an indemnification
obligation under this Section becomes, or in PZC's reasonable opinion is
likely to become, the subject of an infringement or misappropriation claim
or proceeding, PZC will, in addition to indemnifying City as provided in this
Section, promptly take the following actions, at no additional charge to City,
in the listed order of priority: (a) secure the right to continue using the item
or (b) replace or modify the item to make it non-infringing.
8 NOTICES
8.1 Any notice or other communication required or permitted to be given
hereunder shall be deemed sufficiently given only if sent in writing with a
copy transmitted electronically via email to the respective address shown
below unless a written change of address and/or email is contained in a
subsequent amendment to this Agreement. Notice shall be deemed validly
sent upon deposit via registered mail, express courier service or any
overnight service, and shall be deemed received five (5) days after the date
of such deposit
IF TO CITY: City of Fayetteville
Attn: Mayor Lioneld Jordan
113 W. Mountain Street
Fayetteville, Arkansas 72701
E-MAIL: mayor(d)fayetteville-ar.gov
Page 5 of 11
IF TO PZC: Meredith Lowry
WRIGHT, LINDSEY &JENNINGS LLP
3333 Pinnacle Hills Parkway, Suite 510
Rogers, Arkansas 72758-8960
E-MAIL: mlowrv(awlj.com
9 GENERAL PROVISIONS
9.1 Paragraph Headings: Paragraph headings are for convenience only and shall
not be considered a part of the terms and conditions of this Agreement.
9.2 Modification: No modification, waiver or amendment of any term or condition
of this Agreement shall be effective unless and until it shall be reduced to
writing and signed by both parties.
9.3 Waiver: Failure by either party at any time to require performance by the other
party or to claim a breach of any term of this Agreement will not:
9.3.1 Be construed as a waiver of any right under this Agreement;
9.3.2 Affect any subsequent breach;
9.3.3 Affect the effectiveness of this Agreement or any part thereof; and,
9.3.4 Will not prejudice either party as regards any subsequent action.
9.4 Severability: If any term or provision of this Agreement should be declared
invalid by a court of competent jurisdiction, the remaining terms and
provisions of this Agreement shall be unimpaired.
9.5 Choice of Law and Forum: This Agreement shall be construed and interpreted
according to the internal laws of the State of Arkansas without giving effect to
its principles of conflict of law. The parties agree that any action for the
enforcement or breach hereof or otherwise arising hereunder shall be brought
and tried solely in the state or federal courts for the County of Washington,
State of Arkansas, to which jurisdiction and venue the parties hereby consent
and submit and declare to be the sole and exclusive jurisdiction and venue for
such purposes. Neither party shall raise in connection therewith, and the
parties hereby waive, any defense or objection based upon venue,
inconvenience of forum, lack of personal jurisdiction or the like in any such
action or suit.
Page 6 of 11
9.6 Complete Agreement: This Agreement constitutes the entire Agreement
between the parties with respect to the subject matter hereof and
supersedes in all respects all prior proposals, negotiations, conversations,
discussions and agreements between the parties concerning the subject
matter hereof.
9.7 Assignment: This Agreement and the services contemplated hereunder
are personal to City, and neither City nor the PZC shall have the right or
ability to assign, transfer, or subcontract any obligations under this
Agreement without the written consent of the other, which consent may
be granted or withheld in the sole discretion of the other. Any attempt to
do so shall be void. Except as otherwise provided, this Agreement shall be
binding upon and inure to the benefit of the parties' successors and
permitted assigns.
9.8 Force Majeure: Neither party shall be liable to the other under this
Agreement for loss or damage caused by the occurrence of any
contingency beyond the control of the parties including, but not limited
to, work stoppages, epidemics, pandemics, fires, civil disobedience, riots,
rebellions, accidents, explosions, floods, storms, Acts of God and similar
occurrences, provided the party affected shall give notice thereof to the
other party. The party giving such notice shall be excused from its
obligations under this Agreement for so long as it continues to be affected
by the event(s) causing the failure or delay in performance or the direct
results from such event(s).
9.9 Counterparts and Copies: This Agreement may be executed in
counterparts each of which shall be deemed an original, but all of which
together shall constitute one and the same.
9.10 Execution; Electronic Signatures: Each Party agrees that this
Agreement may be executed by electronic signature. "Electronic signature"
means any electronic symbol or process executed and adopted by a Party
with the intent to sign the Agreement, within the meaning of the Uniform
Electronic Transactions Act ("UETA") and the United States Electronic
Signatures in Global and National Commerce Act ("ESIGN"). Electronic
execution of this Agreement by a Party is intended to authenticate this
writing and have the same force and effect as a manual signature. Neither
Party may challenge the authenticity or validity of this Agreement on the
basis that it was signed electronically.
Page 7 of 11
9.11 Authority. Each party represents that it has taken all necessary authority
to authorize the execution and consummation of this Agreement and will
furnish the other party with satisfactory evidence of this upon request.
Each party agrees to negotiate in good faith the execution of such other
documents or agreements as may be necessary or desirable for the
implementation of this Agreement and the effective execution of the
transactions contemplated hereby.
9.12 No Joint Venture or Partnership. This agreement shall not be
considered to create any type of joint venture, partnership, or other legal
relationship between the Parties where either party shall share or be
responsible for the debts or liabilities of the other party. In addition, this
agreement shall not be construed as making either party an agent of the
other party beyond the extent expressly provided in and limited by this
agreement, or as giving the right of one party to legally bind the other in
any manner so as to permit the incurrence of debts and liabilities on
behalf of the other party.
IN WITNESS WHEREOF, the Parties hereto, through their duly authorized
officer, have executed this Agreement as of the day and year first set forth
below.
Pattern Zones Co. r7 CIT F FA TTEV LE, AR
C :J
By: 1 ..�.�
Printed Name: Matthew Petty Printed e: Li flt d Tjordvi
Title: CEO Title: MQ O1
Date Signed: March 15, 2024 Date Signed: OLI 1261 /26214
Page 8 of 11
Schedule A: PZC Platform Information & Fee Schedule
1. PRODUCTS:
Licensed Platform Initial Term
Permit-Ready Building Design Program portal Three years from
Fixed Fee Portfolio buildings: up to 32 Portfolio Points a Deployment
Date in Q2 2024
PZC grants City the number of Portfolio Points listed above for application by City
as it chooses. Each building available for licensing is associated with a point value
and these points may be allocated by City in any manner it chooses. A typical
house is worth 1 point. Larger or more complicated buildings are more points. A
program with 24 portfolio points could pre-approve 24 individual houses or could
mix it up with other building types.
2. FEES:
• Fixed Fee: $61,200.00 for the Initial Term of three years with annual
installments of$20,400.00. Option to renew for two additional one-year
terms at a cost of$20,400.00 per year.
Fees as reflected in this Schedule are exclusive of any federal, state, or local excise,
sales, use, and similar taxes assessed or imposed with respect to the computer
services and products. City shall pay any such amounts upon request of PZC
accompanied by evidence of imposition of such taxes.
PZC reserves the right to suspend City's access and/or use of the Platform for non-
payment. City agrees that PZC shall not be liable to City, or to any third party, for
any suspension of the Service resulting from City's non-payment of any fees or
sums owed.
Page 9 of 11
3. INVOICING & PAYMENTS
Invoicing Date Payments
Effective Date Fixed Fee Total: $20,400
12 months after Deployment Date
Total: $20,400
24 months after Deployment Date
Total: $20,400
PZC shall invoice City as reflected above. City shall make full payment of all
invoices within sixty (60) days of receipt. Should PZC have to initiate collection
efforts against City to collect any sums owed hereunder, the City shall pay all
costs of collection, including without limitation, reasonable attorney fees.
4. FEE INCREASES
Fees are set at $20,400.00 per year for the initial term of three years and the first
two years of any renewal terms beyond the initial term.
5. MODIFICATION
PZC agrees to annually facilitate a content review for City to provide updated or
new content for the Platform. City may, at its discretion, swap one or more pieces
of content for others so long as the total authorized portfolio points are not
exceeded.
6. ARCHITECTURAL SUBLICENSES
PZC will sublicense architectural plan sets for single-use construction directly to
qualified applicants and transmit the plan sets. Qualified applicants shall include
all property owners within the Program Area and their agents or contractors.
Page 10 of 11
7. PROGRAM AREA
The use of the sublicensed architectural plan sets shall be limited to the approved
Program Area as shown on Exhibit A as it may be amended by the City from
time to time.
Page 11 of 11