HomeMy WebLinkAbout18- Memorandum of Understanding - Montana State University (MSU) - Accessory Dwelling Unit Design Project MEMORANDUM OF UNDERSTANDING
between
MONTANA STATE UNIVERSITY and CITY OF BOZEMAN
for Accessory Dwelling Unit Design Project
This Memorandum of Understanding ("MOU") is by and between the City of Bozeman
("City"); Montana State University ("MSU"); each entity referred to as a"Party" to this MOU,
and together these entities are referred to as the "Parties."
WHEREAS the City and MSU have enjoyed a long history of collaboration and partnership
serving the community; and
WHEREAS the MSU School of Architecture (SOA) Community Design Center works with
local communities to provide quality design services; and
WHEREAS the Community Design Center and the students enrolled in MSU's ARCH 451
Design for the Community course wish to work with the City and the community to analyze the
feasibility of accessory dwelling unit("ADU") construction in the City, to design ADUs, and to
present their findings and designs to the community ("ADU design project"); and
WHEREAS the City desires to assist in the ADU design project by providing funding and
staff time for regulatory review and advice regarding site selection, affordable housing strategies,
planning, and permits; and
WHEREAS this MOU outlines roles, responsibilities and cost-share of the Parties, and is
intended to be flexible and may be amended from time to time as necessary and agreed to by the
Parties.
NOW THEREFORE THE PARTIES AGREE AS FOLLOWS:
1. MSU's roles and responsibilities.
a. The ARCH 451 students will conduct site visits, meet with property owners, develop
design proposals,prepare construction documents, develop public presentation materials
and give public presentations intended to reveal the possibilities, costs, and financing
strategies for construction of an ADU in the City. A City staff person must be present at
all time during site visits.
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b. The Community Design Center will employ construction and financial consultants to
determine the estimated costs of the ADU's, and potential financing strategies.
c. The SOA faculty and ARCH 451 students will meet with City of Bozeman Staff and
Property Owners to establish design objectives, guidelines and regulatory conditions.
d. The SOA faculty and ARCH 451 students, and the Community Design Center and its
consultants will perform the tasks and provide the deliverables identified on the Project
Schedule attached as Exhibit A, which the Parties may amend from time to time.
e. The SOA faculty and ARCH 451 students will provide the services contemplated under
this MOU expeditiously and with the skill and care required for the orderly progress of
the ADU design project.
f. MSU agrees the SOA and students will abide by all applicable laws, rules and regulations
in the performance of this MOU.
2. City's roles and responsibilities.
a. The City will provide resources in the form of staff time to include advice on site
selection, site plan review, site visit assistance, in-class mentoring, and scheduling and
preparing for public meetings.
b. The City will provide at least one staff member who must be present at all times during
every site visit.
c. The City will endeavor to provide full information and respond in a timely manner to
written requests regarding requirements for and limitations on the ADU design project.
d. The City will provide MSU's representative prompt written notice if the City becomes
aware of any fault or defect in the ADU design project, including any errors, omissions or
inconsistencies in any SOA documents or presentations.
e. The City will contribute a total of$8000.00 to the program. $5,000 from the City of
Bozeman's EpicN funding and $3,000 from the Community Development Department,
payable to MSU within thirty (30) days of the execution of this MOU, to be applied to the
cost of the ADU design project as follows:
® Printing: $1200.00
® Models: $800.00
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® Travel: $600.00
® Video production: $2000.00
® Design and Development of Outreach material: $400.00
® Construction&Lending Consultant Fees: $3,000.00
f. The City acknowledges and agrees that the MOU will be performed by enrolled students
under the supervision of faculty for academic credit. The students are not professional
architects/designers and MSU makes no representation that the services provided under
this MOU are professional services provided by independent contractors. The ADU
design project is undertaken to provide students practical experience as part of the
undergraduate educational experience.
g. The Parties agree MSU's faculty, students, agents, employees, and consultants
performing the tasks described in this MOU are not to be considered employees of the
City for workers compensation or any other purpose, and are not subject to the terms and
provisions of the City's employee handbook.
3. Term. This MOU will become effective beginning on the date last executed below and will
expire on February 8, 2019, unless modified or agreed to by the Parties.
4. Modification. Modifications to this MOU will be made by mutual consent of the Parties in
writing, signed and dated by each.
5. Termination. Either Parry may terminate this MOU at any time by providing written notice
to the other Party.
6. Ownership. MSU hereby assigns to the City all reports, information, designs, data, and
other deliverables produced by MSU pursuant to this MOU ("Deliverables"), except those
separately identified in this MOU or in other written agreement between the Parties. Any use
by the City of the Deliverables will be at the City's sole risk and without liability or legal
exposure to MSU. To the extent, if any, this Section 6 does not provide the City with full
ownership,rights and interest in the Deliverables, MSU hereby grants the City a perpetual,
irrevocable, fully paid, royalty-free, worldwide license to use the Deliverables. In addition to
the foregoing, MSU hereby assigns to the City any and all "moral rights" MSU may have in
the Deliverables.
7. No guarantees. The Parties understand and agree that ADU designs produced by MSU
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under this MOU would be subject to full regulatory review and may not be approved as-is by
the City should the design be submitted with a development application.
8. Advertising. Either Party may advertise or share information concerning the ADU design
project in any form and with any media without the consent of the other Parry.
9. Indemnification.
a. By NISU. To the fullest extent permitted by law, MSU agrees to indemnify and hold the
City harmless against claims, demands, suits, damages, losses, and expenses, including
reasonable defense attorney fees, to the extent caused by the negligence or willful
misconduct of MSU, its faculty, its students, its agents or its employees in performing
this MOU.
b. By City. To the fullest extent permitted by law, City agrees to indemnify and hold the
MSU harmless against claims, demands, suits, damages, losses, and expenses, including
reasonable defense attorney fees, to the extent caused by the negligence or willful
misconduct of the City, its agents or its employees in performing this MOU.
10. Insurance. At all times during the term of this MOU the Parties must maintain liability
insurance sufficient to cover the Parties' indemnification obligations in Section 9. The Parties
understand and agree that the State of Montana, MSU, its officials and employees are self-
insured under the provisions of Title 2, Ch. 9, Montana Codes Annotated. The statutory limits
of liability applicable to both MSU and the City are $750,000 for each claim and $1.5 million
for each occurrence.
11. Nondiscrimination. The Parties agree that all hiring of persons performing under this MOU
will be on the basis of merit and qualifications. The Parties will have a policy to provide
equal employment opportunity in accordance with all applicable state and federal anti-
discrimination laws,regulations, and contracts. The Parties will not refuse employment to a
person, bar a person from employment, or discriminate against a person in compensation or
in a term, condition, or privilege of employment because of race, color,religion, creed,
political ideas, sex, age, marital status, national origin, actual or perceived sexual orientation,
gender identity, physical or mental disability, except when the reasonable demands of the
position require an age, physical or mental disability, marital status or sex distinction. The
Parties will require these nondiscrimination terms of contractors providing services under
this MOU.
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12. No Joint Venture. Nothing contained in this MOU shall be construed to create any
partnership or agency relationship between the Parties for any purpose, action, or transaction,
including those related to this MOU. This MOU does not create a joint venture or any form
of separate legal entity
13. No 'Third Party Beneficiary. This Agreement is for the exclusive benefit of the Parties,
does not constitute a third-party beneficiary agreement, and may not be relied upon or
enforced by a third party.
14. Representatives. MSU and City contacts for purposes of this MOU are:
MSU
Name: Professor Ralph Johnson
Address: School of Architecture
160 Cheever Hall
Bozeman, MT 49717-3760
Email: ralphj@montana.edu
City
Name: Courtney Johnson
Address: 20 East Olive
Bozeman, MT 59771
Email: cejohnson@bozeman.net
IN WITNESS WHEREOF,this MOU has been executed by a duly authorized representative of
each Party as of the day and year written below.
MSU:
Dat
Print Name: 1. 14 2
Title: i
CITY OF BOZEMAN
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277 IS
Andrea Surratt Date
City Manager, City of Bozeman
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'
EXHIBIT A
&1ONT40A STATE UM|VERSOY SCHOOL OFARCHITECTURE
ARCM|TE{TURE450 COK8K8UN|TY DESIGN CENTER FALL2O1D
SCHEDULE
The following schedule is intended to guide the course of events throughout the semester but is subject tochange
based on the unfolding of events,coordination with the City of Bozeman Staff,Community Clients and at the
discretion of the Instructor.
Week 1
Aog.27 Course Introduction Class Meets From 1:10pmto5:00 pm K8'VV' F.
Meet City Staff—Accessory Dwelling Unit sites/clients assigned
City Staff reviews Planning Codes and Regulations
Establish student teams(2 students per site for research)
AuO.29 VisitSite—xAeetownprandbog}nsiteana|ysix
Aug.31 Initial Site Documentation Due
Reviewed by City Staff, Construction Consultants& Faculty
Minimum requirements:
= Neighborhood context drawn at1"=IO0'
o Identify what constitutes the neighborhood boundaries and explain your
rationale
o Search Bozeman G|5 documents and select an appropriate map to utilize for
this presentation
o Identify the potential pedestrian destination within and adjacent tothe
neighborhood
w Site context at I/8"=1'-0"
o include properties onall sides of your site
o Include properties across the street and alley
o Include major vegetation (trees and large shrubs)
" Site plan drawn at%" =l'-O"on24"x]6"gridded trace(provided byS0A)
o Include the owners name, address of the residence,graphic scale and north
arrow ina18"wide title block located&" in from the right hand side ofthe
trace.
n Show all required setbacks and any easements
o include footprint of all existing structures(identify dimensions from property
line)and photos of each building elevation
o Include all paving
o Include all landscape elements
o Include an indication of all overhead and underground utilities
o Photograph the site and include a small site plan key indicating where each
photo was taken
Week 2
3ep.3 Nodass—iobnrDayHo|iday
Sep.S Revisit site
* Meet with the owner to discuss site analysis
• Determine owner's program
w Correct and enriched initial site documentation
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® Conduct Microscale Audit of Pedestrian Streetscapes(MAPS)Survey
Sep. 7 Site presentation review—Determine orientation of boards,standard graphics,scales, media,
print schedule and any other issues related to final site analysis presentation boards
Week 3
Sep. 10 Final Site Presentation Due: Three(3)—24"x 36" Boards
Reviewed by City Staff,Construction Consultants, Property Owner& Faculty
® Board One
o Neighborhood context
o MAPS survey
® Board Two
o Site Context
o Site Context Photos
® Board Three
o Site Plan
o Site Photos
o Program
Sep. 12 Begin Design Phase—Each student works independently or if an existing team desires they can
work together to produce two unique design proposals
® City Bldg. Dept. Building Code Presentation
® Construction Consultants Comments/Suggestions
Sep. 14
Week 4
Sep. 17
Sep. 19 Design presentation review—Determine orientation of boards,standard graphics,scales, media,
print schedule and any other issues related to final design presentation boards
Sep. 21
Week 5
Sep. 24 Final Design Presentation Due: Three(3)—24"x 36" Boards
Reviewed by City Staff,Construction Consultants, Property Owner& Faculty
® Board One
o Site Plan from Site presentation with floor plan of ADU
o Major dimensions including overall perimeter building dimensions and set-
backs from buildings and property lines
o All landscape development
o Key identifying net room dimensions
® Board Two
o Four elevations with shade,shadow and entourage
o Cross section and Longitudinal section with vertical dimensions and entourage
® Board Three
o Site Context plan
o Two Site Context sections
Sep. 26 Begin Construction Documents phase
Presentation by Building Department regarding International Residential Code and E-Plan
submittal requirements
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Assign responsibilities for digital presentation to City Commission
Sep. 28 Construction consultants discuss building systems advantages and disadvantages with their
assigned designer/sites
Week 6
Oct. 1 7:00 PM City Commission Presentation—Attendance Required!
Oct.3
Oct.5 Construction consultants review of CD's
Week 7
Oct.8
Oct. 10
Oct. 12 Construction Documents Due: E-plan submittal required at conclusion of class(5:00 pm)
Week R
Oct. 15 Begin Presentation Phase
Oct. 17
Oct. 19
Week 9
Oct. 22
Oct. 24
Oct. 26
Week 10
Oct. 29
Oct.31
Nov. 2
Week 11
Nov. 5
Nov.7
Nov.9
Week 12
Nov. 12 No Class—Veterans' Day Holiday
Nov. 14
Nov. 16
Week 13
Nov. 19
Nov. 21 No Class—Thanksgiving Holiday
Nov. 23 No Class—Thanksgiving Holiday
Week 14
Nov. 26
Nov. 28
Nov. 30
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Week 15
Dec.3
Dec.5
Dec.7
Week 16 Finals Week
Dec. 10
Dec. 12
Dec. 14 Semester Ends
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