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09.19.2024 City Council Packet AMMONCITYCOUNCIL P UBLICCOMMENT Upcoming: Ammon City Council 09.19.2024Page 1 of 128 1. 2. i. 1. 2. 3. 1. 2. 111 Ammon City Council 09.19.2024Page 2 of 128 1. 2. i. 1. 211 Ammon City Council 09.19.2024Page 3 of 128 Lighting District # 1 will receive $222.80, Lighting District # 2 will receive $0.12, Lighting District # 3 will receive $5,500, Lighting District # 5 will receive $4,230, Lighting District # 7 will receive $4,650, Lighting District # 8 will receive $0.16, and Lighting District # 9 will refund $67.38, for a combined total of $14,535.70. Actual revenues in these Lighting Districts will be more than the FY 2025 budget. 311 Ammon City Council 09.19.2024Page 4 of 128 411 Ammon City Council 09.19.2024Page 5 of 128 511 Ammon City Council 09.19.2024Page 6 of 128 611 Ammon City Council 09.19.2024Page 7 of 128 711 Ammon City Council 09.19.2024Page 8 of 128 811 Ammon City Council 09.19.2024Page 9 of 128 911 Ammon City Council 09.19.2024Page 10 of 128 1. 2. 3. 1011 Ammon City Council 09.19.2024Page 11 of 128 1. 2. 1111 Ammon City Council 09.19.2024Page 12 of 128 AMMON CITY COUNCIL MEETING THURSDAY, SEPTEMBER 12, 2024 4:30 P.M. 2135 SOUTH AMMON ROAD AGENDA CALL TO ORDER: Mayor Sean Coletti at 4:30 p.m. DISCUSSION ITEMS: 1.Street Levy 2.Density Calculation 3.Private Roads 4.APA Quasi-Judicial Training Video 5.Miscellaneous ADJOURN MINUTES City Officials Present: City Officials Absent: Mayor Sean Coletti City Administrator Micah Austin Councilmember Sid Hamberlin Council President Russell Slack City Engineer Tracy Bono Councilmember Heidi Boyle City Planner Cindy Donovan Councilmember Kris Oswald Assistant Planner Heather McBride Councilmember Jeff Fullmer City Clerk Kristina Buchan Councilmember Scott Wessel City Attorney Scott Hall CALL TO ORDER: Mayor Sean Coletti called the meeting to order at 4:30 p.m. DISCUSSION ITEMS: 1.Street Levy Council discussed plans to get out information to residents regarding the Street Levy on the November ballot. Discussion of sending council door to door to discuss with neighbors and friends. Mayor Coletti reminded Council of the limitations that exist. 2.Density Calculation Assistant Planner Heather McBride reviewed the discussions had at Planning and Zoning regarding density as well as charts detailing differences between the two calculation methods. Council led a discussion of better ways to help promote thoughtful development including parks, green space, and infrastructure. Staff was directed to notice a code amendment and move forward with the net calculation numbers. Ammon City Council Regular Meeting 09.12.2024 Page 1 of 2 Ammon City Council 09.19.2024Page 13 of 128 3.Private Roads Along with the density conversation, Council discussed the implications of privatizing roads throughout the City. Staff and Council noted that it can become difficult to fund future repairs if roads are ever transferred back to the City. Staff noted that there are currently no standards in City code for private roads and was asked to establish standards to bring back to Council. 4.APA Quasi-Judicial Training Video A training video was presented to Council reviewing quasi-judicial discussions and Council limitations. 5.Miscellaneous Sergeant Fielding reported that the after recent issues and improvements are being seen. Councilmember Wessel asked for an updated on Sagepoint Apartments. Mayor Coletti stated he will follow-up. Staff added clubhouse is next to be permitted. ADJOURN The meeting was adjourned at 6:33pm ______________________________ Sean Coletti, Mayor _____________________________ Kristina Buchan, City Clerk Ammon City Council Regular Meeting 09.12.2024 Page 2 of 2 Ammon City Council 09.19.2024Page 14 of 128 Ammon City Council 09.19.2024Page 15 of 128 Ammon City Council 09.19.2024Page 16 of 128 Ammon City Council 09.19.2024Page 17 of 128 Ammon City Council 09.19.2024Page 18 of 128 Ammon City Council 09.19.2024Page 19 of 128 Ammon City Council 09.19.2024Page 20 of 128 Ammon City Council 09.19.2024Page 21 of 128 Ammon City Council 09.19.2024Page 22 of 128 Ammon City Council 09.19.2024Page 23 of 128 Ammon City Council 09.19.2024Page 24 of 128 Ammon City Council 09.19.2024Page 25 of 128 Ammon City Council 09.19.2024Page 26 of 128 Ammon City Council 09.19.2024Page 27 of 128 Ammon City Council 09.19.2024Page 28 of 128 Ammon City Council 09.19.2024Page 29 of 128 Ammon City Council 09.19.2024Page 30 of 128 Ammon City Council 09.19.2024Page 31 of 128 Ammon City Council 09.19.2024Page 32 of 128 Ammon City Council 09.19.2024Page 33 of 128 Ammon City Council 09.19.2024Page 34 of 128 Ammon City Council 09.19.2024Page 35 of 128 Ammon City Council 09.19.2024Page 36 of 128 Ammon City Council 09.19.2024Page 37 of 128 Ammon City Council 09.19.2024Page 38 of 128 Ammon City Council 09.19.2024Page 39 of 128 Ammon City Council 09.19.2024Page 40 of 128 Ammon City Council 09.19.2024Page 41 of 128 Ammon City Council 09.19.2024Page 42 of 128 Ammon City Council 09.19.2024Page 43 of 128 Ammon City Council 09.19.2024Page 44 of 128 Ammon City Council 09.19.2024Page 45 of 128 Ammon City Council 09.19.2024Page 46 of 128 Ammon City Council 09.19.2024Page 47 of 128 Ammon City Council Meeting September 19, 2024 Mayor Coletti and City Councilmembers: Stosich Property Rezone and Master Plan Staff Presenting: Cindy Donovan Planning Director Recommendation: -Staff recommends approval based on the following conditions and staff report: Conditional Rezone Agreement and new Standard Development Agreement Townhome street is privately maintained Construction of commercial property is tied to phasing of the residential units Maximum of 40 residential units Compliance: -This application is in compliance with the Comprehensive Plan and City Ordinance. Criteria for Decision: -Title 10 Chapter 35 Multi-Use Zone -10-4-1: ORDINANCE AND MAP MAY BE AMENDED: This zoning ordinance, including the map, may be amended, supplemented, changed or modified from time to time, consistent with Idaho Code Title 67, Chapter 65. Summary of Analysis: 1.The property is currently zoned HC-1 2.The Future Land Use Map shows the property as Heavy Commercial 3.MU is an applicable zone in the Heavy Commercial land use designation 4.Proposed Master Plan: 63% commercial and 37% residential 8.878 acres of commercial property 5.00 acres of multi-family townhomes requesting 40 townhome units (8 units/acre) 5.-Use zone is to provide for a variety and mixture of uses, such as professional offices, small scale retail, restaurants, recreational, personal services including public facilities, and residential both single family and multi-fam ΛЊЉΏЌЎΏЊΜ 6.Allowed uses in the Multi-Use Zone are shown in the table located in 10-35-2 7.Single family and multi-family residential are allowed uses in MU. The setbacks for residential structures are based on a related residential zone in City Code ΛЊЉΏЌЎΏЌΜ 8.The master plan may be submitted for approval as part of a public hearing for a multi-use rezone request. Master plans are not required to show the exact locations of commercial and residential areas, rather it will be required to provide general locations of these areas within the master plan. ΛЊЉΏЌЎΏЏΜ 9.Surrounding property is zoned R2-A to the north, MU to the northeast, Bonneville County Residential Agricultural/Industrial and Manufacturing to the east, HC-1 to the south, and R-2 to the west 2135 South Ammon Rd., Ammon, Idaho 83406 City Hall: (208) 612-4000 www.cityofammon.us Page | 1 Ammon City Council 09.19.2024Page 48 of 128 10.The Barry South preliminary plat was approved on September 19, 2019 and included this property, Blue Mountain Storage, and the Deer Valley Subdivision Blue Mountain Storage is a storage unit facility and the Deer Valley Subdivision has 32 residential townhome units 11.The Stosich Commercial Properties plat was approved on December 15, 2022 The plat was approved with 3 commercial lots and a public road to continue Judy Street out to Ammon Road Average lot size: 3.77 acres 12.The South Commercial Park Development Agreement for the current plat was approved on May 7, 2020 13.South Commercial Park Development Agreement conditions: SC-1, SC-2, SC-3: The subdivision will be fiber ready SC-4: Street markings and signage to match city standards and BMPO directives SC-5: Developer will improve the entirety of their half of Ammon Road within twelve months of receiving a certificate of occupancy SC-6: Public utility easement for access to a fiber hut Parcel Characteristics: -General Location: north of 49th South, east of Hazen Drive, south of Sunnyside Road, west of 35th East (Ammon Road) -Acres: 13.878 acres -Current Zoning: HC-1 -Proposed Zoning: MU -Proposed Residential Density: 8 units per acre -Proposed Residential Units: 40 townhome units -Approval of the rezone request from HC-1 to MU and the master plan -Presented by Eagle Rock Engineering, Ryan Webster, Kade Clinger, and Ryan Stosich Planning and Zoning Commission: -Public Hearing 2024-014 was held before the Commission on September 4, 2024 -Public Testimony: 1 resident testified as neutral -Commission recommended approval of the rezone and the Master Plan -Reasoned Statement: Compliance with Comprehensive Plan and City Ordinance Good buffer from townhomes to Commercial Change to MU and requires commercial use Recommend a certain percentage of residential be built and then commercial must be started Planning and Zoning Commission Notice of Hearing: -Notice was published in the Post Register on Friday, August 16, 2024 -Notice was mailed to 25 property owners and 20 public entities on Friday, August 16, 2024 -Property was posted on Friday, August 23, 2024 -Public comment: No public comment was received. 2135 South Ammon Rd., Ammon, Idaho 83406 City Hall: (208) 612-4000 www.cityofammon.us Page | 2 Ammon City Council 09.19.2024Page 49 of 128 Financial Impacts: -Loss of 5 commercial acres -Residential unit contribution to parks - $1,086.00/attached dwelling unit (current fee resolution) -Residential unit contribution to law enforcement - $370.00/attached dwelling unit (current fee resolution) -Commercial contribution to law enforcement not required in the current Standard Development Agreement Rezone Motion: Approve I move to approve the Stosich Property Rezone of approximately 13.878 acres to MU, finding it is in compliance with the Comprehensive Plan and City Ordinance subject to technical review based upon/with conditions (if applicable). Deny I move to deny the Stosich Property Rezone finding it is not in compliance with the Comprehensive Plan and City Ordinance subject to technical review based upon (state the reasons for recommending denial). Continue I move to continue Stosich Property Rezone until additional information can be obtained (list specific information required). Master Plan Motion: Approve I move to approve the Stosich Property Master Plan, finding it is in compliance with the Comprehensive Plan and City Ordinance subject to technical review based upon/with conditions (if applicable). Deny I move to deny the Stosich Property Master Plan finding it is not in compliance with the Comprehensive Plan and City Ordinance subject to technical review based upon (state the reasons for recommending denial). Continue I move to continue Stosich Property Master Plan until additional information can be obtained (list specific information required). Attachments: 1.Vicinity Map 2.Stosich Property Master Plan 3.Stosich Commercial Property Final Plat 4.Barry South Property Preliminary Plat 5.Public Hearing #2024-014 Reasoned Statement 6.Planning and Zoning Commission DRAFT minutes 7.Title 10 Chapter 21 HC-1 Highway Commercial Zone 8.Title 10 Chapter 35 Multi-Use Zone 2135 South Ammon Rd., Ammon, Idaho 83406 City Hall: (208) 612-4000 www.cityofammon.us Page | 3 Ammon City Council 09.19.2024Page 50 of 128 Ammon City Council 09.19.2024Page 51 of 128 Ammon City Council 09.19.2024Page 52 of 128 Ammon City Council 09.19.2024Page 53 of 128 Ammon City Council 09.19.2024Page 54 of 128 Ammon City Council 09.19.2024Page 55 of 128 Ammon City Council 09.19.2024Page 56 of 128 PUBLIC HEARINGS: CALL TO ORDER: Chairman Eslinger called the meeting to order at 7:00 p.m. Commissioner Roth led the Pledge of Allegiance. PUBLIC HEARINGS: Ammon City Council 09.19.2024Page 57 of 128 Ammon City Council 09.19.2024Page 58 of 128 Ammon City Council 09.19.2024Page 59 of 128 Ammon City Council 09.19.2024Page 60 of 128 Staff Presenting: Cindy Donovan Planning Director Heather McBride Assistant Planner Ammon City Council 09.19.2024Page 61 of 128 Ammon City Council 09.19.2024Page 62 of 128 Ammon City Council 09.19.2024Page 63 of 128 CALL FOR ADJOURNMENT: The meeting adjourned at 8:39 p.m. _______________________________ ____________________________ Bond Eslinger, Chairman Kristina Buchan, City Clerk Ammon City Council 09.19.2024Page 64 of 128 Ammon City Council 09.19.2024Page 65 of 128 Ammon City Council 09.19.2024Page 66 of 128 CHAPTER 35 MULTI-USE ZONE 10-35-1:GENERAL OBJECTIVES AND CHARACTERISTICS:The purpose of the Multi-Usezone is to provide for a variety and mixture of uses, such as professional offices, small scale retail, restaurants, recreational, personal services including public facilities, and residential both single family and multi-family. Large scale commercial development may be allowed pursuant to the master plan allowances and, in most cases,should be allowed only along arterial roadways or on major collector streets. This zone is intended to ensure compatibility of new development with existing and future development. It is also intended to ensure development of properties into a plan with coordinated and harmonious development. The zone is intended to integrate both existing and new land uses within close proximity to one another, providing for the daily shopping needs and often the recreational needs of the residents. Connection within the development to the different uses should be of prime consideration as well as connections to pedestrian friendly sidewalks and/or trails from outside of the development.The general area of service for easy travel and access would generally be within a one to two (1-2) mile traveling distance from any residential property. 10-35-2:ALLOWED USES: Pursuant to 10-35-6only the uses designated as permitted uses or those shown as permitted with master plan approval on the zoning use table located below shallbe allowed within the Multi-Use zone.Those uses shown as allowed by master plan approval are not an assumed right within the Multi-Use zone and shall be considered on a case by case basis and allowed in the sole discretion of the City Council with a recommendation by the Planning & Zoning Commission. USE Adult Business -(Sexually oriented businesses)NA Amateur Radio Operator Antennas(70' or under in height)A Amateur radio towers and antennas that do not meet all the requirements M (such as maximum height) of City code 1032Communications Towers and Antennas Ambulance services M Amusement enterprises, such as merry-go-rounds, penny arcades, etc (by A conditional use permit). (Indoor only) Amusement enterprises, such as penny arcades, carousels, swimming pools M and dancehalls (Outdoor) Amusement Park, such as water parks, merry-go-rounds, etc. (Outdoor)M Animal shows -Inside, Small Animal (By event permit)A Arts and crafts shows (By event permit)A Arts, entertainment or recreation facility, indoors (maximum of 5000 square A feet) Arts, entertainment or recreation facility, indoors (over 5000 square feet)M Arts, entertainment or recreation facility, outdoor stage or music venueM Athletic Clubs (maximum of 5000 square feet)A Athletic Clubs (over5000 square feet)M Automotive -Fuel/Charging (service) stations (excluding super service A stations) (maximum of 5000 square feet) Page 1of 10 MULTI-USE ZONE REVISED 05-18-2023 Ammon City Council 09.19.2024Page 67 of 128 USE Automotive -Service stations-SuperM Automotive body shopNA Automotive gas station/service and/or repair shopNA Automotive repairNA Automotive storageNA Automotive washing facility (Car/Pickup and Commercial Trucks)M Automotive washing facility (Car/Pickup only)M Automotive, mobile home, travel trailer, and/or farm implement salesNA Bakeries (commercial)NA Bakery plant (wholesale)NA Banks/financial institutions (with or without drive-up service) (maximum of 5000 A square feet) Beauty/barber shop (maximum of 5000 square feet)A Beauty/barber shop (over 5000 square feet)M Bed and breakfast facilityM Billboards (by conditional use permit) (refer to Chapter 34 for regulations)NA Boarding or lodging house or dormitoryM Boat sales and repair (By Conditional Use Permit)NA Building material, garden equipment and suppliesNA Building materials including storage yardsNA Building supply stores, except material sales yards and accessory storage NA buildings Buildings accessory to and incidental to uses permitted in the zoneNA Bus DepotsNA Businesses and establishments with vehicular drive-in and drive-through A pickup facilities Cabinet shopNA Canvas products sales and fabrication (on site, retail only)NA Car lots-NewNA Car lots-UsedNA Catering serviceA Cellular and wireless phone dealerships (maximum of 5000 square feet)A Cellular and wireless phone dealerships (over 5000 square feet)M Cement, lime, gypsum, rock wool or plaster of paris manufacturingNA CemeteryM Childcare Center 13+ (within commercial area)A Childcare Family 1-5A Childcare Group 6-12A Christmas tree sales (maximum of 5000 square feet)A ChurchM Circuses and carnivals (By event permit)A Civic, social or fraternal organizationsM Clinic (Medical) (maximum of 5000 square feet)A Clinic (Medical) (over 5000 square feet)M Coffee roasting facility (maximum of 5000 sq ft)M Coffee roasting facility (over 5000 sq ft)NA Commercial Condominium Projects pursuant to Idaho State Code Title 55, A Chapter 15 Page 2of 10 MULTI-USE ZONE REVISED 05-18-2023 Ammon City Council 09.19.2024Page 68 of 128 USE Commercial garages, but not including the storage of wrecked or dismantled NA automobiles Commercial HVAC service establishmentsNA Community GardenM Computer sales, service, and maintenance (maximum of 5000 square feet)A Computer sales, service, andmaintenance (over 5000 square feet)M Construction sand and gravel miningNA Contractor's yard and/or shopNA Convenience Store with no fuel/charging service (service station) (maximum of A 5000 square feet) Convenience Stores (excluding super service stations) (maximum of 5000 A square feet) Convenience Stores (including super service stations) (Over 5000 square feet)M Copy/Print/Blueprint retail centers (maximum of 5000 square feet)A Copy/Print/Blueprint retail centers (over 5000 square feet)M Craft Shops -no commercial sanding or cutting allowed (maximum of 5000 A square feet) Dairy farmNA Dancing and Music Schools/Studios (maximum of 5000 square feet)A Day/Massage spa (maximum of 5000 square feet)A Day/Massage spa (over 5000 square feet)M Delicatessens (maximum of 5000 square feet)A Delicatessens (over 5000 square feet)M Distillation of bones and organic fertilizer manufacturingNA Drive-in theaterNA Drugstore and Pharmacies (maximum of 5000 square feet)A Drugstore and Pharmacies (over 5000 square feet)M Dry Cleaner & Laundry PlantsA Dry Cleaners & Laundry w/Pick up service (maximum of 5000 square feet)M Emergency healthcare (maximum of 5000 square feet)A Emergency healthcare (over 5000 square feet)M Emergency services-Private for profitM Engraving, printshops (excluding those print presses that are half size or NA larger) Equipment rental and sales yardNA Explosive manufacture and storageNA FarmNA Farmers' markets (outdoor) (By event permit)A Fat renderingNA Feedlot and stockyardNA Flex space (Indoor open space for lease -Weddings, Conventions, etc.) A (maximum of 5000 square feet Flex space (Indoor open space for lease -Weddings, Conventions, etc.) (over M 5000 square feet) Food preparation plants, the operation of which is not obnoxious by reason of NA emission of odors, smoke, or noise Furniture repair shopsNA Garages (commercial, but not including the storage of more than ten (10) NA wrecked or dismantled automobiles) Page 3of 10 MULTI-USE ZONE REVISED 05-18-2023 Ammon City Council 09.19.2024Page 69 of 128 USE Garbage dumps or dead animal reductionNA Glass cutting and installationNA Glue manufacturingNA Golf course and related servicesM Government building, officesA Greenhouse(s)M Health/Athletic clubs, spas, weight reduction salons (maximum of 5000 square A feet) Health/Athletic clubs, spas, weight reduction salons (over 5000 square feet)M Healthcare or social services (maximum of 5000 square feet)A Heliport and passenger railroad stations. (By Conditional Use Permit)NA HeliportsNA Home occupationA Horticulture (general) Horticulture is the branch of agriculture that deals with M the art, science, technology, and business of vegetable garden plant growing HospitalM Hotel and motelM Hotels and hospitals for human careNA Industry LimitedNA Kennel (Commercial)M LaboratoriesM Laundries (commercial)NA Laundromat (maximum of 5000 square feet)A Laundromat (over 5000 square feet)M LibraryM Livestock auctions and activities related to the handling, transporting and NA selling of livestock Machinery sales establishmentsNA Manufacturing, processing and fabricating establishments except those in NA which explosives or other dangerous materials are used MicrobreweryM Milk distribution stations, creameries, bottling works and similar businessesNA Milling or smelting of oresNA Mobile officeM Mortuaries and funeral parlorsM MuseumM Music studios and other music related businessesM Night ClubsNA Non-flashing signs advertising the services performed within the structure as A permitted by Title 10, Chapter 34 Nonprofit Rehabilitation centerNA Nursery, plant materialsM Nursing or residential care facilityM Offices; Business, professional and medical (maximum of 5000 square feet)A Offices; Business, professional and medical offices (Over 5000 square feet)M Parking lots and publicgarages for payM Parking lots and structuresNA Parking lots Off-street in conjunction with permitted usesA Parks, public and privateA Page 4of 10 MULTI-USE ZONE REVISED 05-18-2023 Ammon City Council 09.19.2024Page 70 of 128 USES Pawn shopsNA Petroleum refining and refining of crank case oilNA Petting Zoo Area -(pursuant to Title 5, Chapter 3)M Plumbing and carpenter shops and similarNA Portable classroomM Private EV Charging StationA Public EV Charging StationA Public garages and public parking lots for payNA Public or quasi-public usefacilitiesA Public service facilitiesA Public, infrastructureA Radio and TV broadcast studios, but excluding antenna towers greater than NA thirty (30) feet in height above the average terrain Radio and TV studios, with antenna towers greater than thirty (30) feet in NA height above the average terrain permitted Research and developmentM Research laboratories, excluding activities hazardous to explosion or fireNA Residential -Dwelling, Accessory UnitA Residential -Dwelling, multi-family, two-family duplexA Residential -Dwelling, single-family attached (up to 8 units)A Residential -Dwelling, single-family detachedA Residential -Manufactured home parkM Residential -Mobile home (single unit) (temporary living quarters)M Residential -Multi-family dwelling(up to 8 attached)M Residential -Multi-family dwelling (9 or more attached)M Residential Condominium Projects pursuant to Idaho State Code Title 55, A Chapter 15 Restaurant (maximum of 5000 square feet) Beer/Wine allowed by use-Liquor A allowed pursuant to HC-1 Requirements Restaurant(including those with a drive-through) (Over 5000 square feet)M Restaurants (over 5000 square feet) (alcohol allowed pursuant to HC-1M Requirements when approved on the master plan) Retail sales -(over 5000 square feet)M Retail store -Small scale (maximum of 5000 square feet)A Retail Wine/Beer Shop -Products available for both on and off premise A consumption (maximum of 5000 square feet) Riding academies/stablesNA Roadside stand (temporary structure)A Rubber manufactureNA School, public or privateM Semi-public swimming pools, including water parksM Service establishments, such as dyeing, cleaning or laundry plants, printing NA plants, machine shops, blacksmith shops Shooting range-Indoor (with conditional use permit approval)NA Shooting ranges -CUP-That outdoor shooting ranges shall be first approved NA as a conditional use by the Board of Adjustment Shopping centerM Shopping mallNA Sidewalk Sales (within commercial area)A Page 5of 10 MULTI-USE ZONE REVISED 05-18-2023 Ammon City Council 09.19.2024Page 71 of 128 USES Sign shop, including paintingNA Small engine repair (mower, chain saws, etc.)M Sporting goods stores (maximum of 5000 square feet)A Sporting goods stores (Over 5000 square feet)NA Stock yards, feed yards or slaughter of animalsNA Storage (enclosed building)M Storage (solid obscure fenced area)M Storage UnitsNA Street fair (Closures of Street by permit only)A Subdivision sales officeA Taxi stands and Bus StopsA Theater IndoorM Tire shop, including recappingNA Trade fair (within Flex space) (Require Event Permit)A Truck stopNA Turf and/or tree farmNA Upholstery shopM Upholstery stores and repair shopsNA Vehicle repair, minorNA Vertically integrated Commercial and/or Residential project (Including a M combination of commercial and residential) Veterinary Hospitals -Large or small animal (Over 5000 squarefeet)NA Veterinary Hospitals -Small animal (maximum of 5000 square feet)A VineyardNA Welding, tool shopNA Wholesale distributing houses and warehousesNA Wholesale establishments with stock on premises, but excluding NA establishments, the principal activity of which is a storage warehouse Wireless/Communication facilities (enclosed building, tower height -60' or less)A Wireless/Communication facilities (enclosed building, tower height -over 60'M Woodworking shopNA KEY ALLOWED IN DESIGNATED ZONEA NOT ALLOWED IN DESIGNATED ZONENA ALLOWED WHEN APPROVED ON MASTER PLAN IN MULTI-USE ZONE M (ORIGINAL OR AMENDED) 10-35-3:RESIDENTIAL PROPERTY REQUIREMENTS:All properties used for residential purposes within the zone shall require platting for each residential structure or grouping of residential structures within the zone. Setbacks for all residential structures shall be applied based on the size of the lot and the related residential zone within the City Code that would allow the same size parcel and type of structure. For those residential structures that are platted and developed in a group setting where the property and/or structure may not be fronting on a public street, the setback from the side of the building containing the main doorway shall be a minimum of twenty (20) feet from any adjacent property line and/or required setback of any adjacent building (A minimum of forty (40) feet between facing residential structures shall be required). When the main entrance of one building faces the side of another building the minimum distance shall be determined by using the required setback for the front of one building and the required side yard requirement of the second building(s). The resulting open Page 6of 10 MULTI-USE ZONE REVISED 05-18-2023 Ammon City Council 09.19.2024Page 72 of 128 space shall be landscaped as greenspace, necessary sidewalks/trails shall be allowed within the greenspace area. 10-35-4:SHARED COMPONENT PROPERTY REQUIREMENTS:All development activities within the zone are permitted only on platted lots. All adjoining lots used for commercial and/or residential purposes that have shared access to a public street, and any single lot containing more than one commercial entity and/or residence must comply as follows: (A)All structures and grounds must 1.Be under a single ownership OR 2.Meet the requirements of a condominium property pursuant to Title 55, Chapter 15, Idaho State Code, or 3.Have an agreement which shall be recorded at the time of plat recording for maintenance and maintenance costs which specifies the responsible party/parties for any and all costs not associated to a specific building lot or unit in the development (B)All properties sharing parking with adjacent commercial and/or residential development shall provide a recorded cross access agreement for all parking facilities within the shared parking area. Said agreement shall be recorded with the final plat or if recorded prior to the final plat a copy shall be submitted with the final plat request for recording. (C)Landscaping and sprinkler systems shall be incorporatedwithin individual properties or shall comply with the ownership requirements as described within this section or by any other ordinance within the City. All required landscaping within an area designated for commercial and/or shared residential development on an approved master plan shall be cohesive in nature and shall be uniform throughout the areas within the master plan. All landscaping requirements shall comply with all policies and codes as adopted by the City of Ammon (D)Remodeled and converted structures and properties shall comply with all requirements of this section. 10-35-5:STANDARD DEVELOPMENT OR ANNEXATION AGREEMENT REQUIRED: (A)Multi-Use zoning that is approved based on a request for re-zone shall be subject to any existing development agreement and any additional requirements that may be included as a condition for approval of the rezone. (B)Multi-Use zoning which is incorporated as part of an initial annexation and zoning shall be subject to both an annexation agreement and future standard development agreements as property is platted. 10-35-6:MULTI-USEMASTER PLANS:A master plan incorporating the entirety of a property in a Multi-Use zone, shall be submitted to the Planning and Zoning Commission for recommendation and action of approval or denial by the City Council. Page 7of 10 MULTI-USE ZONE REVISED 05-18-2023 Ammon City Council 09.19.2024Page 73 of 128 All master plans shall require a public hearing prior to approval. The master plan may be submitted for approval as part of a public hearing for an annexation with the multi-use zone requested as the designated zone, or for a re-zone request hearing. As part of a master plan approval, those uses listed as allowed by master plan approval shall be included as part of the master plan request documentation. The public hearing requirement for any master plan approval shall meet the requirements of Idaho Code 67-6509 and any additional requirements for hearings adopted by the City of Ammon. An application for a master plan shall be submitted onthe Plan Review Application form and shall include all documentation required on the application form prior to assignment of a hearingdate. Master plans are not required to show the exact locations of commercial and residential areas, rather it will be required to provide general locations of these areas within the master plan. It is the intent of the City to allow flexibility for placement and boundaries between other uses within the property designated as multi-use. Amendments to a master plan shall be approved through the same requirements as an original approval for said master plan. Any approval of an amended master plan may be subject to the revision of the special conditions within an existing annexation/standard development agreement. 10-35-7:QUALIFICATIONS RELATED TO USE OF THIS ZONE: The following shall be guidelines for the approval of a property to be zoned multi-use: (A)Prior to platting of property in a multi-use zone, a master plan approval showing the general areas of the different types of uses within the zone shall be received by the Planning and Zoning Commission with final approval of the City Council. (B)If it is determined that the development will service an existing area or development adjacent to the zone and meet the intent of the multi-use zone designation, use of the multi-use zone may be allowed to be entirely one type of use designation (commercial orresidential). Access to adjacent zoning uses and development shall be a consideration in granting this type of multi-use zoning request. (C)If it is determined that the development will not service an existing area or development adjacent to the zone, it shall be required that the development contain asimple majority of commercial propertybased uponacreageThose areas that include vertical integration of commercial and residential property will require a simple majority of commercial area based on square footage. 10-35-8:USE OF PLANNED UNIT DEVELOPMENT OVERLAY (PUD):In some cases,the developer within the Multi-Use zone may wish to apply a PUD Overlay to a Multi-Use zone. In those cases,the developer shall be required to follow and adhere to all requirements of the PUD Overlay approval process as outlined within the City Code. 10-35-9:LIGHTING: Exterior lighting within the multi-use zone shall be required to meet the following standards: (A)Light overlap or trespass onto adjacent properties shall be taken into consideration as part of the review of all master plans. While lighting is not required to be provided on a master plan both the Planning and Zoning Commission and City staff may provide input in areas where such light overlap or trespass may be a concern. Lighting types to be considered include, but are not limited to, street lighting, parking Page 8of 10 MULTI-USE ZONE REVISED 05-18-2023 Ammon City Council 09.19.2024Page 74 of 128 lot lighting, building exterior lighting, landscape lighting, plaza, walkway and trail lighting. (B)Any lights used to illuminate a site shall be arranged to reflect light away from the adjoining property. (C)Lighting design shall promote dark sky principles which seek to minimize light pollution and degradation of the nighttime skies by incorporating lighting practices that minimize the amount and area of illumination. Such practices include: 1. Providing lighting fixtures with lamp wattages designed for the minimum level required by the use. 2. Providing energy efficient light sources. 3. Minimizing light trespass and glare by aiming fixtures downward and shining light only where it is needed and providing appropriate shielding as necessary to ensure that little or no unwanted light falls directly onto adjacent property. 4. Minimizing the duration of illumination of certain light sources by having lights out as long as practical. Owners and tenants will be encouraged to limit the times of lighting within a development whenever practical. 5. Special attention shall be given by the developer regarding mixed use buildings that may provide both commercial and residential uses within the same building. At site plan review time, City Staff may make recommendations to the developer regarding possible lighting conflicts within the site accommodations when lighting may conflict between uses. (D)The developer shall install streetlights at locations required by the City Engineer and shall meet any standards or policies adopted by the City for street lighting. All street lighting shall continue to follow the requirements set forth in this ordinance regarding light overlap or trespass. (E)All street and public open space lighting required as part of a multi-use development shall be included into a lighting district prior to the final approval of any roadways or acceptance of any park/streets within the development. Said lighting district shall assess the cost of maintenance and power to all properties within the development on an equalper lot basis, unless at the time of formation of a lighting district the Board of Directors of the lighting district agrees and orders an assessment considered to be more equitable to the property owners within said district. 10-35-10:SIGNAGE: Signagethat is within a multi-use development should be a major consideration of the Commission and the developer at the time of a master plan application. The following items shall be considered for any signage other than the required streets and traffic control signage which shall be as required by the City Engineer. (A)Poles signs above twenty (20) feet in height from grade level shall be reviewed for placement and encouraged to be within the development on the exterior boundaries of the multi-use development or as approved on the master plan along arterial roadways. (B)Poles signs within the interior of a multi-use developmentare discouraged and the developer encouraged to plan for a standardized interior signage requirement. Page 9of 10 MULTI-USE ZONE REVISED 05-18-2023 Ammon City Council 09.19.2024Page 75 of 128 (C)Consideration on interior signage should be given where commercial and residential buildings areadjacent to or part of the same building. (D)All signage is encouraged to be energy efficient. (E)All signage lighting should be designed to keep lighting overlap into adjacent properties at a minimum, especially residential use properties. (F)All signage requested on buildings within the multi-use zone where both a commercial and residential use is contained shall follow the dark sky principals and should be designed to alleviate up lighting and lighting into residential portions of the building. The developer shall be required to provide a lighting analysis showing the dark sky principals have been followed in the design of any on-building signs used for commercial business location or for building identification signage. 10-35-11:SPECIAL PROVISIONS: (A)No dust, odor, smoke, vibration or intermittent light, glare, or noise shall be emitted which is discernible beyond the premises, except for normal residential activities and movement of automobile traffic. (B)Landscaping shall be as set forth in section 10-5-24. (C)All merchandise, equipment, and other materials, except vehicles in running order and seasonal merchandise such as nursery stock, fruits and vegetables within a commercial area, within a commercial/residential area or any multi-use residential area with more than four (4) attached living units, shall be stored within a fenced site which shall be a sight obscuring enclosure constructed of block fencing or similar as approved by the City Engineer. (D)All commercial sanitation dumpsters shall be required to be stored within a fenced site which shall be a sight obscuring enclosure constructed of block fencing or similar as approved by the City Engineer. (E)Off street parking shall be provided, as required in this ordinance, and shall be hard surfaced. Page 10of 10 MULTI-USE ZONE REVISED 05-18-2023 Ammon City Council 09.19.2024Page 76 of 128 n April1, 20 Ammon City Council 09.19.2024Page 77 of 128 Ammon City Council 09.19.2024Page 78 of 128 Ammon City Council 09.19.2024Page 79 of 128 19Bvhvtu 3135 Ammon City Council 09.19.2024Page 80 of 128 Spbexbz!Eftjho!Fohjoffs!Q/F/Spbexbz!Eftjho!Fohjoffs!Q/F/ Ammon City Council 09.19.2024Page 81 of 128 ATTACHMENT NO. 1L CONSULTANT AGREEMENT SPECIFICATIONS These specifications supplement Local Professional Services Agreements and shall be attached to said Agreements. A.DEFINITIONS 1.Administrator: Person directly responsible for administering the Professional Services Agreement (Agreement) on behalf of the Local Public Agency. 2.Combined Overhead: The sum of the payroll additives and general administrative overhead expressed as a percent of the direct labor cost. 3.Cost: Cost is the sum of the hourly charge out rate and other direct costs. 4.Cost Plus Fixed Fee: Cost Plus Fixed Fee is the sum of the payroll costs, combined overhead, and other direct costs, plus the fixed fee. 5.CPM: Critical Path Scheduling. The CPM will list work tasks, their durations, milestones and their dates, and State/Local review periods. 6.Fixed Fee: A dollar amount established to cover the Consultant's profit and business expenses not allocable to overhead. The fixed fee is based on a negotiated percent of direct labor cost and combined overhead and shall take into account the size, complexity, duration, and degree of risk d, an additional fixed fee can be negotiated, if appropriate. 7.General Administrative Overhead (Indirect Expenses): The allowable overhead (indirect expenses) expressed as a percent of the direct labor cost. 8.Hourly Charge Out Rate: The negotiated hourly rate to be paid to the Consultant which includes all overhead for time worked directly on the project. 9.Incentive/Disincentive Clause: Allows for the increase or decrease of total Agreement amount paid based on factors established in the Agreement. Normally, these factors will be completion time and completion under budget. 10.Lump Sum: An agreed upon total amount, that will constitute full payment for all work described in the Agreement. 11.Milestones: Negotiated portions of projects to be completed within the negotiated time frame. /Sponsorbelieve necessary for the satisfactory completion of the Agreement will be negotiated. 12.Not-To-Exceed Amount: The Agreement amount is considered to be a Not-to-Exceed amount, which amount shall be the maximum amount payable and shall not be exceeded unless adjusted by a Supplemental Agreement. 13.Other Direct Costs: The out-of-pocket costs and expenses directly related to the project that are not a part of the normal company overhead expense. 14.Payroll Additives:All payroll additives allocable to payroll costs such as FICA, State Compensation, Holiday, Vacation, and Sick Leave. The payroll additive is expressed as a percent of the direct labor cost. Revised June 2019Page 1of 12 Ammon City Council 09.19.2024Page 82 of 128 15.Payroll Costs (Direct Labor Cost): The actual salaries paid to personnel for the time worked directly on the project. Payroll costs are referred to as direct labor cost. 16.Per Diem Rates:Per Diem will be reimbursed at actual cost. However, reimbursements shall not exceed the current approved rates. The current rates are listed on the following Web site: http://itd.idaho.gov/business/?target=consultant-agreements. 17.Standard of Care:Thelevel or quality of service ordinarily providedby normally competent practitioners of good standing in that field, contemporaneously providing similar services in the same locality and under the same circumstances. 18.State 19.Sponsor: 20.Unit Prices: The allowable charge out rate for units or items directly related to the project that are not a part of the normal overhead expense. NOTE:All cost accounting procedures, definitions of terms, payroll cost, payroll additives, general administrative overhead, direct cost, and fixed fee shall comply with Federal Acquisition Regulations, 48CFR, Part 31, and be supported by audit accepted by the State. B.STANDARDSOF PERFORMANCE Except as otherwise specifically provided for in the Consultants Scope of Work, the Consultant agrees that all work performed under the Agreement will be performed inaccordance with Idaho Transportation Department Standards and other appropriate standardswith generally acceptable standard of care.When the work is of a nature that requires checking, the checking shall be performed by a qualified person other than the one who performed the work. C.AGREEMENT ADMINISTRATOR The Agreement Administrator will administer the Agreement for performanceand payment, and will decide all questions which may arise as to quality and acceptability of the work, rate of progress, definition of work to be performed,completion of milestones, and acceptable fulfillment of the Agreement. The Consultant shall address all correspondence, make all requests, and deliver all documents to the Administrator. The Administrator shall be responsible for the timely coordination of all reviews performed by the State or their representatives. D.PERSONNEL The Consultant shall provide adequate staff of experienced personnel or Subconsultants capable of and devoted to the successful accomplishment of work to be performed under the Agreement. The specific individuals or Subconsultants listed in thisAgreement, including Project Manager, shall be subject to approval by the State and shall not be removed or replaced without the prior written approval of ITD. Replacement personnel submitted for approval must have qualifications, experience and expertise at least equal to those listed in the proposal. E.SUBCONSULTANTS The Consultant shall have sole responsibility for the management, direction, and control of each Subconsultant and shall be responsible and liable to the Sponsor for the satisfactory performance and quality of work performed by Subconsultants under the terms and conditions of this Agreement. The Consultant shall include all the applicable terms and conditions of this Agreement in each Subconsultant Agreement between the Consultant and Subconsultant, and provide the State with a copy of each Subconsultant Agreement prior to the Subconsultant beginning work. No other Subconsultant shall be used by the Consultant without prior written consent by the State. Revised June 2019Page 2of 12 Ammon City Council 09.19.2024Page 83 of 128 F.PROFESSIONAL SERVICES AUTHORIZATION 1.A written PROFESSIONAL SERVICES AUTHORIZATION (PSA) will be issued by the State to authorize the Consultant to proceed with a specific portion of the work under this Agreement. The number of PSAs required to accomplish all the work under this Agreement isone to several. Each PSA will authorize a maximum dollar amount and specify the milestone(s) for which the PSA represents. The Sponsorassumes no obligation of any kind for expenses incurred by the Consultant prior to the issuance of the PSA; for any expenses incurred by the Consultant for services performed outside the work authorized by the PSA; and for any dollar amount greater than authorized by the PSA. 2. separate PSA. It is not necessary for a PSA to be completed prior to the issuance of the next PSA. The Consultant shall not perform work which has not been authorized by a PSA. When the money authorized by a PSA is nearly exhausted, the Consultant shall inform the Administrator and shall identify the need for additional authorizationvia issuance of the next PSA. The Administrator must concur with the Consultant prior to the issuance of the next PSA. 3.The Agreement is lump sum, unit cost, or cost plus fixed fee amount as indicated in this Agreement and may include an Additional Services amount for possible extra work not contemplated in the original scope of work. For the Consultant to receive paymentfor any work under the Additional Services Amount of this Agreement, said work must be authorized and performed under a PSA issued by the State specifically for the extra work. Should the Sponsorrequest that the Consultant perform additional services, the scope of work and method of payment will be negotiated. The basis of payment for additional work will be set up either as a Lump Sum or Cost Plus Fixed Fee. G.PROJECT SCHEDULING All negotiated agreements shall be accompanied by a critical path methodschedule (CPM Schedule). The CPM Schedule will list the work tasks for the Agreement, their duration, negotiated milestones and their completion dates, including State/Local review periods. The format of this schedule shall be agreed on prior to signingthe Agreement. Along with the monthly progress report, the Consultant shall provide monthly CPM Schedule updates to the Agreement Administrator for approval.The CPM schedule shall show project percent completed on each task. H.MONTHLY PROGRESS REPORT The Consultant shall submit to the State a monthly progress report on Form ITD-771, as furnished by the State. When no work will be performed for a period of time, this requirement can be waived by written notice from the Agreement Administrator. However, at such time as work re-commences, the monthly progress reports shall resume. The Consultant shall provide monthly progress schedule (CPM) updates to the Agreement Administrator. The monthly progress report and schedule update will be submitted by the tenth of each month following the month being reported or as otherwise agreed to in the approved scope of work. The Agreement Administrator will review the progress report and submit approved invoices for payment within twoweeks of receiving the invoice,the associated monthly report and the schedule update. Each progress report shall list invoices by PSA number and reference milestones. I.PROGRESS AND FINAL PAYMENTS 1.Progress payments will be made once a month for services performed which qualify for payment under the terms and conditions of the Agreement. Such payment will be made based on invoices submitted by the Consultant in the format required by the State. The monthly invoice shall be submitted no later than the tenth of each month following the month being invoiced. Revised June 2019Page 3of 12 Ammon City Council 09.19.2024Page 84 of 128 Lump Sum Progress payments will be made based on a percentage of the work or milestones satisfactorily completed. Cost Plus Fixed Fee The Consultant shall submit a breakdown of costs by each item of work on the monthly invoice, and shall show the percent complete of each item of work, each milestone and percent complete of the entire Agreement. Progress payments will be made based on the invoicecost less the fixed fee for the work satisfactorily completed for each invoicing period. Said payment shall not exceed the percent complete of the entire Agreement. Upon satisfactory completion of each milestone, full payment for all approved work performed for that milestone will be made, including Fixed Fee. Cost The Consultant shall submit a breakdown of costs by each item of work on the monthly invoice, and shall show the percent complete of each item of work and percent complete of the entire Agreement. Progress payments will be made based on the invoiced cost for the work satisfactorily completed for each item of work. Said payment shall not exceed the percent complete of the entire Agreement. Direct expenses will be reimbursed at actual cost, not to exceed the current approved rates as identified at http://itd.idaho.gov/business/?target=consultant-agreements. must include backup documentation to support expenditures as appropriate, and as requested by the Agreement Administrator. Such support may consist of copies of time sheets or cost accounting system print-out of employee time, and receipts for direct expenses. 2.The Sponsor will make full payment for the value of the services performed which qualify for payment. This full payment will apply until 95 percent of the work under each ProjectAgreementPSA or Supplemental Agreementhas been completed. No further progress payments will be made until all work under the Agreement has been satisfactorily accomplished and accepted by the Sponsor. If at any time, the Sponsor determines that the work is not progressing in a satisfactory manner, further payments may be suspended orwithheld for sums that are deemed appropriate for unsatisfactory services. 3.Final payment of all amounts retained shall be due 60 days after all work under the Agreement has been completed by the Consultant and accepted by the Sponsor. Such final payment will not be made until satisfactory evidence by affidavit is submitted to the State that all indebtedness incurred by the Consultant on this project has been fully satisfied. 4.Agreements which include an incentive/disincentive clause will normally have the clause applied only to the completion of the BID OPENING milestone. If the project is deemed by the Sponsor to be ready for advertisement, but advertisement is postponed at no fault of the Consultant, any incentive earned will be paid. 5.Payments to Subconsultants The Consultant shall pay each subconsultant for satisfactory performance of its contract items no later than twenty (20) calendar days from receipt of each payment the Consultant receives from the Stateunder thisAgreement,in accordance with 49 CFR, Part 26. The Consultant shall return retainage payments to each subconsultant within twenty (20) calendar days after the s work is satisfactorily completed. The Consultantwill verify that payment or retainage has been released to the subconsultantor suppliers within the specified time for each partial payment or partial during the corresponding monthly audits. Prompt payment will be monitored and enforced through the Consultant payments to its subconsultantsand suppliers in the online diversity tracking system. Subconsultants, including lower tier subconsultants, suppliers, or both, will confirm the timeliness and the payment Revised June 2019Page 4of 12 Ammon City Council 09.19.2024Page 85 of 128 amounts received utilizing the online diversity tracking system. Discrepancies will be investigated by the Contract Compliance Officer and the Contract Administrator. Payments to the subconsultants, including lower tier subconsultants, and including retainage release after the subconsultant or lower tier subconsultantbe reported monthly by the Consultantor the subconsultant. The Consultantwill ensure its subconsultants, including lower tier subconsultants, and suppliers meet these requirements. J.MISCELLANEOUS PROVISIONS 1.COVENANT AGAINST CONTINGENT FEES a.The Consultant warrants that they have not: Employed or retained for a commission, percentage, brokerage, contingent fee, or other consideration, any firm or person to solicit or secure thisAgreement, other than a bona fide employee of the firm; agreed, as an expressed or implied condition for obtaining thisAgreement, to employ or retain the services of any firm or person in connection with carrying out thisAgreement, or; paid, or agreedto pay, to any firm, organization or person (other than a bona fide employee of the firm) any fee, contribution, donation, or consideration of any kind for, or in connection with, procuring or carrying out the Agreement. b.The Sponsor warrants that the above Consultant or its representative has not been required, directly or indirectly as an expressed or implied condition in connection with obtaining or carrying out thisAgreement. Employ or retain, or agree to employ or retain, any firm or person, or; pay, or agree to pay to any firm, person or organization, any fee, contribution, donation or consideration of any kind. 2.PROHIBITION AGAINST HIRING PERSONNEL AND WORKING FOR CONTRACTOR In compliance with the Code of Federal Regulations, (23 CFR, Section 1.33, Conflict of Interest), the Consultant agrees that no one in their employ will work on a part time basis under this Agreement while also in the full-time employ of any Federal Agency,the State, or the Sponsor, without the written consent of the public employer of such person. The Consultant agrees that no one in their employ under any circumstances shall perform any services for the contractor on the construction of this project. 3.CHANGES IN WORK All changes in work shall conform to one or more of the following conditions and in no instance shall such change in work be undertaken without written order or written approval of the Sponsor. a.Increase in the work required by the Sponsor due to unforeseen circumstances. b.Revision in the work required by the Sponsor subsequent to acceptance of such work at the appropriate conference or after revision of such work as outlined at said conference. c. Items of work which are beyond the scope of intent of this Agreement and pre-approved by theSponsor. d.Reduction in the work required by the Sponsordue to unforeseen circumstances. An increase in compensation will be considered when Department Design Standards or expectations have changed from the time of negotiation. Adjustment in compensation for either an increase or reduction in work shall be on a negotiated basis arrived at by mutual agreement between the Sponsor and the Consultant. During such Revised June 2019Page 5of 12 Ammon City Council 09.19.2024Page 86 of 128 negotiations the Sponsor may examine the documented payrolls,transportation and subsistence costs paid employees actively engaged in the performance of a similar item or items of work on the project, and by estimated overhead and profit from such similar items or items of work. Said mutual agreement for a negotiated increase or reduction in compensation shall be determined prior to commencement of operations for an increase in a specific item or items of work. In the case of Sponsor order for nonperformance, a reduction in the specific item or items of work will be made as soon as circumstances permit. In the event that a mutual agreement is not reached in negotiations for an increase in work, the Sponsor will use other methods to perform such item or items of work. The mutually agreed amount shall be covered by a Supplemental Agreement andshall be added to or subtracted from the total amount of the original Agreement. Adjustment of time to complete the work as may pertain to an increase or a reduction in the work shall be arrived at by mutual agreement oftheSponsor and the Consultant after study of the change in scope of the work. 4.DELAYS AND EXTENSIONS Time adjustment may occur when the negotiated scope of work is increased or reduced through mutual agreement of the State and the Consultant. Extensions of time may be granted for the following reasons: a)Delays in major portions of the work caused by excessive time used in processing of submittals, delays caused by the State, or other similar items which are beyond the control of the Consultant. b)Additional work ordered in writing by the Sponsor. c)Department Design Standards have changed or expectations have changed from the time of negotiation. 5.TERMINATION The Sponsor may terminate or abandon this Agreement at any time, without further obligation, upon giving notice of termination as hereinafter provided, for any of the following reasons: a.Evidence that progress is being delayed consistently below the progress required in the current approved CPM Schedule. b.Continued submission of sub-standard work. c.Violation of any of the terms or conditions set forth in the Agreement, other than for the reasons set forth in a. and b. above. d.At the convenience of the Sponsor. Prior to giving notice of termination for the reasons set forth in a through c above, the Sponsor shall notify the Consultant in writing of any deficiencies or default in performance of the terms of this Agreement, and Consultant shall have ten (10) days thereafter in which to correct or remedy such default or deficiency. Upon their failure to do so within said ten (10) days, or for the reasons set forth in c above, such notice of termination in writing shall be given by the Sponsor. Upon receipt of said notice the Consultant shall immediately discontinue all work andservice unless directed otherwise, and shall transfer all documents pertaining to the work and services covered under this Agreement, to the Sponsor. Upon receipt by the Sponsor of said documents, payment shall be made to Consultant as provided herein for all acceptable work and services. 6.DISPUTES Should any dispute arise as to performance or abnormal conditions affecting the work, such dispute shall be referred to the Sponsor and the Director of the Idaho Transportation Department or his duly authorized representative(s) for determination. Revised June 2019Page 6of 12 Ammon City Council 09.19.2024Page 87 of 128 Such determination shall be final and conclusive unless, within thirty (30) days of receipt of the decision Consultant files for mediation or arbitration. Consultant agrees that any mediation or arbitration hearing shall be conducted in Boise, Idaho. Consultant and Sponsor agree to be bound by the mediation agreement or the decision of the arbitration. Expenses incurred due to the mediation or arbitration will be shared equally by the Consultant and the Sponsor. 7.ACCEPTANCE OF WORK a.The Consultant represents that all work submitted shall be in accordance with generally accepted professional practices and shall meet tolerances of accuracy required by State practices and procedures. b.Acceptance of work will occur at phases appropriate to the terms of the Agreement and level of detail required by the State in its project development procedures. c.It is understood by the Consultant that theSponsoris relying upon the professional expertise and ability of the Consultant in performance of the Agreement. Any examination of the /Sponsorwill not be considered acceptance or approval of the work product which would relieve the Consultant for any liability or expense. Consultant is solely responsible for the propriety and integrity of its work product. Sponsor for payment, partial or final, shall not constitute a waiver of any rights the Sponsormay have against the Consultant. If due to errors, omissions and negligent acts by the Consultant, or its Subconsultants, agents or employees,in its work product, the Consultant shall make corrections to its work product at no expense to the Sponsor. The Consultant shall respond to the Sponsortwenty-four hours of receipt, and give immediate attention to any corrections to minimize any delay to the construction contract. This may include, if directed by the Sponsor, visits to the site of the work. If the Consultant discovers errors or omissions in its work product, it shall notify the State within seven days of discovery. Failure of the Consultant to notify the State shall be grounds for termination of the Agreement. Sponsor due to negligent acts, errors or omissionsby the Consultant in its work product shall be borne by the Consultant. on costs were the result of gross negligence of the Consultant. 8.OWNERSHIP OF DOCUMENTS All material acquired or produced by the Consultant in conjunction with the preparation of the plans, study, or report, shall become the property of, and be delivered to, the Sponsorwithout restrictions or limitations of their further use.Any use of these materials by the Sponsor for purposes other than intended under this agreement shall be at the risk of the Sponsor. The Consultant has the right to make and retain copies of all data and documents for project files. Documents provided to the State may be public records under the Public Records Act 74-101 through 74-126 and Idaho Code §§ 9- 338et seq, and thus subject to public disclosure unless excepted bythe laws of the state of Idaho, otherwise ordered by the courts of the state of Idaho, and/or otherwise protected by relevant state and/or federal law. 9.AERIAL PHOTOGRAPHY After aerial photography has been flown, processed and checked for coverage, the negatives shall be sent to the State at the address indicated on the Agreement for evaluation, labeling, and prints or diapositives as needed by the District and the Consultant. The negatives shall become the property of the State. Along with the negatives, the Consultant shall also deliver the Report of Calibration for the aerial camera used for the aerial photography, the flight maps, and the flight log. Once complete, a copy of the mapping shall be placed on a CD-ROM and sent to the address specified in the Agreement. Revised June 2019Page 7of 12 Ammon City Council 09.19.2024Page 88 of 128 10.CADD SPECIFICATIONS Twocopies of all drawings shall be furnished to the Department upon completion of the contract. One copy shall be a durable reproduction of the drawing stamped and signed by the Engineer. An electronic stamp is acceptable, provided it is registered and approved with the Board of Professional Engineers ans shall .DGN file format. Electronic files shall be delivered inone of the following: a.ataSource (See CADD Manual for proper locations for file storage b.Standard CD/DVD-ROM Format Files shall be developed with MicroStation software, SS4 Version 8.11Xor higher; or converted to the MicroStation .DGN file format with all conversion errors corrected prior to delivery. If the consultant elects to convert files from other CADD software to the .DGN format, the consultant may be required at various times during the contract period to provide proof that all conversion errors can be corrected. Refer to the CADD Manual for a complete set of CADD Standards. The manual is available at the following website: http://apps.itd.idaho.gov/apps/manuals/manualsonline.html. 11.GEOTECHNICAL AND MATERIALS WORK If geotechnical and materials work is required under this Agreement, the Consultant must ensure that any Subconsultant performing geotechnical and materials work be involved in the final design review. This does not mean that the geotechnical and materials Subconsultant must attend the actual final design review meeting, but does mean that the Subconsultant, will at a minimum, participate in the final design plans and proposal review to assure that all geotechnical and materials recommendations/issues it raised concerning the project have been addressed, or notify the Consultant of any outstanding issues. 12.HIGHWAY CONSTRUCTION ESTIMATING PROGRAM TM The Idaho Transportation Department has adopted the Trns.Port EstimatorHighway Construction Cost Estimation software package as the standard for developing all highway construction cost estimates. Consultants who prepare PS&E (Plans, Specifications and Estimate) packages for submittal to ITD are required to use Estimator. Further information is available at the following Web Site: http://itd.idaho.gov/business/?target=consultant-agreements. 13.INDEMNITY a.Concerning claims of third parties, the Consultant shallindemnify, and hold harmless and defend the Sponsor from any and all damages of and against any and all suits, actions, claims or losses of every kind, nature and description, including costs, expenses and reasonable attorney fees that may be incurred by reason of any negligent act, error or omission of the Consultant in the prosecution of the work which is the subject of this Agreement. b.Concerning claims of theSponsor, the Consultant shall assume the liability and responsibility for negligent acts, errors or omissions caused by the Consultant or a Subconsultant or their agents or employees to the design, preparation of plans and/or specifications, or other assignments completed under this Agreement, to the standards accepted at the time of the Final Design Review, other established review periods. c.Notwithstanding any other provision of this Agreement, the Consultant shall not be responsible for claims arising from the willful misconduct or negligent acts, errors, or omissions of the Sponsor for contamination of the project site which pre-exist the date of this Agreement or subsequent Task Authorizations. Pre-existing contamination shall include but not be limited to any contamination or the potential for contamination, or any risk to impairment of health related to the presence of hazardous materials or substances. Revised June 2019Page 8of 12 Ammon City Council 09.19.2024Page 89 of 128 14.INSURANCE The Consultant, certifying it is an independent contractor licensed in the State of Idaho, shall acquire and maintain commercial general liability insurance in the amount of $1,000,000.00 per occurrence, professional liability insurance in the amount of $1,000,000.00, and worker compensation insurance in accordance with Idaho Law. The professional liability insurance coverage shall remain in force and effect for a minimum of one (1) year after acceptance of the construction project by the State (if applicable), otherwise for one (1) year after acceptance of the work by the State. an insurance company licensed to write compensation insurance in the State of Idaho as evidence that the Consultant has a current Idaho Idaho Industrial Commission from a state that has a current reciprocity agreement with the Idaho Industrial Commission. The Consultant shall provide the State with certificates of insurance within ten (10) days of the Notice to Proceed. 15.ENDORSEMENT BY ENGINEER, ARCHITECT, LAND SURVEYOR, AND GEOLOGIST Where applicable, the Professional Engineer, Architect, Land Surveyor, or Geologist in direct charge of the work or portion of work shall endorse the same. All plans, specifications, cost summaries, and reports shall be endorsed with the registration seal, signature, and date of the Idaho professional in direct charge of the work. In addition, the firm's legal name and address shall be clearly stamped or lettered on the tracing of each sheet of the plans. This endorsement certifies design responsi acceptance of responsibility for all necessary revisions and correction of any errors or omissions in the project plans, specifications and reports relative to the project at no additional cost to the State based on a reasonable understanding of the project at the time of negotiation. 16.LEGAL COMPLIANCE The Consultant at all times shall ,as a professional, observe and comply with all Federal, State and local laws, by-laws, safety laws, and any and all codes, ordinances and regulations affecting the work in any mannerandin accordance with the general standard of care. The Consultant agrees that any recourse to legal action pursuant to this agreement shall be brought in the District Court of the State of Idaho, situated in Ada County, Idaho. 17.SUBLETTING The services to be performed under this Agreement shall not be assigned, sublet, or transferred except by written consent of the Sponsor. Written consent to sublet, transfer or assign any portions of the work shall not be construed to relieve the Consultant of any responsibility for the fulfillment of this Agreement or any portion thereof. 18.PERMITS AND LICENSES The Consultant shall procure all permits and licenses, pay all charges, fees, and taxes and give all notices necessary and incidental to the due and lawful prosecution of the work. 19.PATENTS AND COPYRIGHTS The Consultant shall hold and save the Sponsor and its agents harmless from any and all claims for infringement by reason of the use of any patented design, device, material process, trademark, and copyright. Revised June 2019Page 9of 12 Ammon City Council 09.19.2024Page 90 of 128 20.NONDISCRIMINATION ASSURANCES 1050.20 Appendix A: During the performance of work covered by this Agreement, the Consultant for themselves, their assignees and successors in interest agree as follows: 1.Compliance With Regulations. The Consultant shall comply with all regulations of the United States Department of Transportation relative to Civil Rights, with specific reference to Title 49 CFR Part21, Title VI of the Civil Rights Act of 1964 as amended, and Title 23 CFR Part 230 as stated in the ITD EEO Special Provisions and Title 49 CFR Part 26 as stated in the appropriate ITD DBE Special Provisions. http://apps.itd.idaho.gov/apps/ocr/index.aspx 2.Nondiscrimination. The Consultant, with regard tothe work performed by them during the term of this Agreement, shall not in any way discriminate against any employee or applicant for employment; subcontractor or solicitations for subcontract including procurement of materials and equipment; or any otherindividual or firm providing or proposing services based on race, color, sex, national origin, age, disability, limited English proficiency or economic status. 3.Solicitations for Subcontracts, Including Procurement of Materials and Equipment. In all solicitations, either by bidding or negotiation, made by the Consultant for work or services performed under subcontract, including procurement of materials and equipment, each potential subcontractor or supplier shall be made aware by the Consultant of theobligations of this Agreement and to the Civil Rights requirements based on race, color, sex, national origin, age, disability, limited English proficiency or economic status. 4.Information and Reports.The Consultant shall provide all information andreports required by regulations and/or directives and sources of information, and their facilities as may be determined by the State or the appropriate Federal Agency. The Consultant will be required to retain all records for a period of three (3) years after the final payment is made under the Agreement. 5.Sanctions for Noncompliance. In the event the Consultant or a Subconsultant is in noncompliance with the EEO Special Provisions, the State shall impose such sanctions as it or the appropriate FederalAgency may determine to be appropriate, including, but not limited to: Withholding of payments to the Consultant until they have achieved compliance; Suspension of the agreement, in whole or in part, until the Consultant or Subconsultant is found to be in compliance, with no progress payment being made during this time and no time extension made; Cancellation, termination or suspension of the Agreement, in whole or in part; payments on current or future Idaho Federal-aid Projects an administrative remedy by reducing the final payment or future progress payments in an amount equal to 10% of this agreement or $7,700, whichever is less. 6.Incorporation of Provisions. The Consultant will include the provisions ofparagraphs 1 through5above in every subcontract of $10,000 or more, to include procurement of materials and leases of equipment unless exempt by the Acts, the Regulations, and directives pursuant thereto. The Consultant willtake such action with respect to any subcontract or procurement as the State or the appropriate Federal Agency may direct as a means of enforcing such provisions, including sanctions for noncompliance. Provided, that if the Consultant becomesinvolved in, or is threatened with, litigation with a subcontractor or supplier as a result of such direction, the Consultant may request the State to enter into any litigation to protect the interest of the State.In addition, the Consultant may requestthe United States to enter into the litigation to protect the interests of the United States. Revised June 2019Page 10of 12 Ammon City Council 09.19.2024Page 91 of 128 1050.20 Appendix E Duringtheperformanceofthiscontract,theConsultant,foritself,itsassignees,andsuccessors ininterest(hereinafterreferredtoasthe"contractor")agreestocomplywithall non- discriminationstatutesandauthorities;includingbutnotlimitedto: PertinentNon-Discrimination Authorities: TitleVIoftheCivilRightsActof1964(42U.S.C.§2000detseq.,78stat.252),(prohibits discriminationonthebasisofrace,color,nationalorigin);and49CFRPart21. TheUniformRelocationAssistanceandRealPropertyAcquisitionPoliciesActof1970,(42 U.S.C.§4601),(prohibitsunfairtreatmentofpersonsdisplacedorwhosepropertyhasbeen acquiredbecauseofFederalorFederal-aidprogramsandprojects); Federal-AidHighwayActof1973,(23U.S.C.§324etseq.),(prohibitsdiscriminationonthebasis ofsex); Section504oftheRehabilitationActof1973,(29U.S.C.§794etseq.),asamended,(prohibits discriminationonthebasisofdisability);and49CFRPart27; TheAgeDiscriminationActof1975,asamended,(42U.S.C.§6101etseq.),(prohibits discriminationonthebasisofage); AirportandAirwayImprovementActof1982,(49USC§471,Section47123),asamended, (prohibitsdiscriminationbasedonrace,creed,color,nationalorigin,orsex); TheCivilRightsRestorationActof1987,(PL100-209),(Broadenedthescope,coverageand applicabilityofTitleVIoftheCivilRightsActof1964,TheAgeDiscriminationActof1975and Section504oftheRehabilitationActof1973,byexpandingthedefinitionoftheterms"programs oractivities"toincludealloftheprogramsoractivitiesoftheFederal-aidrecipients,sub-recipients andcontractors,whethersuchprogramsoractivitiesareFederallyfundedornot); TitlesIIandIIIoftheAmericanswithDisabilitiesAct,whichprohibitdiscriminationonthebasisof disabilityintheoperationofpublicentities,publicandprivatetransportationsystems,placesof publicaccommodation,andcertaintestingentities(42U.S.C.§§12131-12189)asimplemented byDepartmentofTransportationregulationsat49C.F.R.parts37and38; TheFederalAviationAdministration'sNon-discrimination statute(49U.S.C.§47123)(prohibits discriminationonthebasisofrace,color,nationalorigin,andsex); ExecutiveOrder12898,FederalActionstoAddressEnvironmentalJusticeinMinorityPopulations andLow-IncomePopulations,whichensuresdiscriminationagainstminoritypopulationsby discouragingprograms,policies,andactivitieswithdisproportionatelyhighandadversehuman healthorenvironmentaleffectsonminorityandlow-incomepopulations; ExecutiveOrder13166,ImprovingAccesstoServicesforPersonswithLimitedEnglish Proficiency,andresultingagencyguidance,nationalorigindiscriminationincludesdiscrimination becauseoflimitedEnglishproficiency(LEP).ToensurecompliancewithTitleVI,youmusttake reasonablestepstoensurethatLEPpersonshavemeaningfulaccesstoyourprograms(70Fed. Reg.at74087to74100); TitleIXoftheEducationAmendmentsof1972,asamended,whichprohibitsyoufrom discriminatingbecauseofsexineducationprogramsoractivities(20U.S.C.1681etseq). 21.INSPECTION OF COST RECORDS The Consultant shall maintain all books, documents, papers, accounting records and other evidence pertaining to costs incurred on the project. They shall make such data available for inspection, and audit, by duly authorized personnel, at reasonable timesduring the life of this Agreement, and for a period of three (3) years subsequent to date of final payment under this Agreement, unless an audit has been announced or is underway; in that instance, records must be maintained until the audit is completed and any findings have been resolved. Failure to provide access to records may affect payment and may constitute a breach of contract. Revised June 2019Page 11of 12 Ammon City Council 09.19.2024Page 92 of 128 22.CERTIFICATION REGARDING DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITY MATTERS By signing this document the Consultant certifies to the best of his knowledge and belief that except as noted on an attached Exception, the company or its subcontractors, material suppliers, vendors or other lower tier participants on this project: a.Are not presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from covered transactions by any Federal department or agency; b.have not within a three-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain or performing a public (Federal, State or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes orcommission of embezzlement, theft, forgery, bribery, falsification or destruction of records making false statements, or receiving stolen property; c.are not presently indicted for or otherwise criminally or civilly charged by a government entity (Federal, State or local) with commission of any of the offenses enumerated in paragraph (b) of this certification; and d.have not within a three-year period preceding this application/proposal had one or more public transactions (Federal, State or local) terminated for cause or default. Where the prospective primary participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. NOTE:Exceptions will not necessarilyresult in denial of award, but will be considered in determining Consultant responsibility. For any exception noted, indicate to whom it applies, initiating agency and dates of action. Providing false information may result in criminal prosecution or administrative sanctions. 23.CERTIFICATION CONCERNING LOBBYING ACTIVITIES By signing this document, the Consultant certifies to the best of their knowledge and belief that: a.No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment or modification of any Federal contract, grant, loan or cooperative agreement. b.If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress or an employee of a Member of Congress in connection with this Federal contract, grant, loan or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying", in accordance with its instructions. The Consultant also agrees that he or she shall require that the language of this certification shall be included in all lower tier subcontracts, which exceed $100,000, and that all such sub-recipients shall certify and disclose accordingly. 24.EMPLOYEE ELIGIBILITY The Consultant warrants and takes the steps to verify that it does not knowingly hire or engage persons not authorized to work in the United States; and that any misrepresentation in this regard or any employment of person not authorized to work in the United States constitutes a material breach and shall be cause for the imposition of monetary penalties up to five percent (5%) of the contract price, per violation, and/or termination of its contract. Revised June 2019Page 12of 12 Ammon City Council 09.19.2024Page 93 of 128 Ammon City Council 09.19.2024Page 94 of 128 Ammon City Council 09.19.2024Page 95 of 128 Ammon City Council 09.19.2024Page 96 of 128 Ammon City Council 09.19.2024Page 97 of 128 Ammon City Council 09.19.2024Page 98 of 128 Ammon City Council 09.19.2024Page 99 of 128 Ammon City Council 09.19.2024Page 100 of 128 Ammon City Council 09.19.2024Page 101 of 128 Ammon City Council 09.19.2024Page 102 of 128 Ammon City Council 09.19.2024Page 103 of 128 Ammon City Council 09.19.2024Page 104 of 128 Ammon City Council 09.19.2024Page 105 of 128 Ammon City Council 09.19.2024Page 106 of 128 Ammon City Council 09.19.2024Page 107 of 128 Ammon City Council 09.19.2024Page 108 of 128 Ammon City Council 09.19.2024Page 109 of 128 Ammon City Council 09.19.2024Page 110 of 128 Ammon City Council 09.19.2024Page 111 of 128 Ammon City Council 09.19.2024Page 112 of 128 Ammon City Council 09.19.2024Page 113 of 128 Ammon City Council 09.19.2024Page 114 of 128 Ammon City Council 09.19.2024Page 115 of 128 Ammon City Council 09.19.2024Page 116 of 128 PROJECTED LABOR HOURS AND COSTS Engineering Services SMA-7406; 17th Street Hitt Road to Avocet, Ammon and INT 17th & Curlew, Ammon Project Number: A023(303) Key Number: 23303 Horrocks Engineers Survey Principle-in-Quality Control Roadway/SignEngineering Design Env. Planner Land Surveyor Land Surveyor TechnicianGIS Analyst Historian Accounting LHTAC/City Overhead Description Charge Engineer al Engineer in Training Technician Samantha Labor and Task Brian LishAustin IshinoRhen Eric VernerBen PearsonSara Barker Total HoursLabor Cost HoursHorrocks Kelly HoopesMike MckeeBen BurkeJayce AllenPeter RemusPatterson Overhead Parmenter Salary Rate$108.17$78.36$76.92$35.56$46.89$55.52$45.43$32.10$50.19$41.08$38.86$37.18 169.96% 100: Project Management Administration81018$1,634.56$2,778.10$4,412.66 1.10 Monthly Progress Meetings1218690045$3,395.64$5,771.23$9,166.87 1.20 Project Schedule012618$1,224.18$2,080.62$3,304.80 1.30 Progress Reports and Invoicing18826$1,682.00$2,858.73$4,540.73 1.40 54 2: Survey Project Reconnaissance122229$528.11$897.58$1,425.69 2.10 Admin of Survey Crew14117$376.53$639.95$1,016.48 2.20 Topographical Survey and Data Processing2482438$1,509.76$2,565.99$4,075.75 2.30 3: Materials 12 General Reconnaissance and Advance Preperations0$0.00$0.00$0.00 Laboratory Testing0$0.00$0.00$0.00 Data Developemnt and Analysis0$0.00$0.00$0.00 Reporting145$415.85$706.78$1,122.63 Administation1427$490.21$833.16$1,323.37 Key Understandings 20 4: Public Involvement 4.10 Adjacent Property Owner Outreach88$865.36$1,470.77$2,336.13 City Council Meetings4812$717.16$1,218.89$1,936.05 4.20 150 5: Environmental General 5.10 5.20 Cultural Resources22884060$2,654.74$4,512.00$7,166.74 Hazardous Materials114410$550.17$935.07$1,485.24 5.30 5.40 ITD Form 654:Categorical Exclusion448323280$3,699.96$6,288.45$9,988.41 6: Traffic 7: Preliminary Design Preliminary Project Plans Sheets416828$1,251.76$2,127.49$3,379.25 7.10 Preliminary Hydraulics0$0.00$0.00$0.00 7.20 Preliminary Drainage and Irrigation Plans0$0.00$0.00$0.00 7.30 Preliminary Pavement Marking Design and Layout 2406$296.08$503.22$799.30 7.40 Preliminary Traffic Signal / Illumination124420$1,252.84$2,129.33$3,382.17 7.50 7.60 Prelim Staging/Temp Traffic Control Plans2406$296.08$503.22$799.30 Preliminary Utility Plans8816$659.60$1,121.06$1,780.66 7.70 7.80 Preliminary Bid Quantities416424$1,064.20$1,808.71$2,872.91 Engineers Estimate24814$808.50$1,374.13$2,182.63 7.90 QC Review and Preliminary Design Submittal142411$717.69$1,219.79$1,937.48 7.10 Preliminary Design Review234413$901.34$1,531.92$2,433.26 7.11 Design Study Report20.58414.5$1,013.12$1,721.90$2,735.02 8: Utilities Utility Coordination0$0.00$0.00$0.00 8.10 Obtain Utility Maps/As-Builts246$524.02$890.62$1,414.64 8.20 8.30 Waiver of Hearing Letter18413$924.29$1,570.92$2,495.21 Final Utility Coordination1449$558.09$948.53$1,506.62 8.40 9: Final Design Final Roadway Plans Sheets218819$952.86$1,619.48$2,572.34 9.10 Erosion and Sediment Control Plan448$620.24$1,054.16$1,674.40 9.20 9.30 Final Signing and Pvmt Marking Plans246$341.40$580.24$921.64 Final Signal Improvement Plans1616$1,230.72$2,091.73$3,322.45 9.40 Final Traffic Control Plans122216$1,087.94$1,849.06$2,937.00 9.50 9.60 Final Cost Estimate, Special Provisions and Time Det1449$558.09$948.53$1,506.62 QC Review and Final Design Submittal142411$717.69$1,219.79$1,937.48 9.70 Final Design Review234413$901.34$1,531.92$2,433.26 9.80 Final Design Review Revisions28414$625.88$1,063.75$1,689.63 9.90 10: Plans, Specifications & Estimate (PS&E) PS&E Plans284418$1,293.14$2,197.82$3,490.96 10.10 PS&E Estimate, Special Provisions, and Time Det112812$624.85$1,062.00$1,686.85 10.20 QC Review and PS&E Submittal11248$482.61$820.24$1,302.85 10.30 Resident Engineer File44$142.24$241.75$383.99 10.40 Contract Bidding & Letting Supports224$370.18$629.16$999.34 10.50 Project Closeout28818$1,116.18$1,897.06$3,013.24 10.60 7124.51971484619112730447210699.5$41,077.20$66,360.38$73,117.91 SUBTOTAL Ammon City Council 09.19.2024Page 117 of 128 Mileage Calculation: Ben PearsonTo Ammon250Miles Return to PG250Miles Staff Trips to SiteTotal Trips (10 miles each)= and City of Ammon30300Miles 800Miles Ammon City Council 09.19.2024Page 118 of 128 Ammon City Council 09.19.2024Page 119 of 128 Ammon City Council 09.19.2024Page 120 of 128 17th St; Hitt Rd to Curlew Dr Cost Summary File No.11178223303/233048 January 2024Transmittal4 A. DIRECT LABOR (day time) HoursRateLabor Cost 1Principal0@$0.00=$0.00 2Project Manager14@$36.59=$512.26 3QC8@$79.72=$637.76 4Engineer46@$52.82=$2,429.72 5Geologist0@$0.00=$0.00 6CADD2@$52.82=$105.64 7Tech48@$41.63=$1,998.24 8Admin6@$36.52=$219.12 90@$0.00=$0.00 .124 SUBTOTAL DIRECT LABOR =$5,902.74 B. DIRECT LABOR (night time with 10% surcharge) HoursRateLabor Cost 1Principal0@$0.00=$0.00 2Project Manager0@$40.25=$0.00 3QC0@$87.69=$0.00 4Engineer0@$58.10=$0.00 5Geologist0@$0.00=$0.00 6CADD0@$58.10=$0.00 7Tech0@$45.79=$0.00 8Admin0@$40.17=$0.00 90@$0.00=$0.00 =$0.00 SUBTOTAL DIRECT LABOR C. OVERHEAD COST Total Direct Labor CostOverhead Multiple $5,902.74X170.58%1.7058=$10,068.89 D. NET FEE Total Raw Labor & OverheadNet Fee $15,971.6312.0%X0.12=$1,916.60 E. DIRECT EXPENSE SUMMARY Escalation: Anticipated Agreement date:January 1, 2023 Contract Duration:4.0(months) Escalation Period:0.0(work beginning in 2024) Total Labor & OverheadPeriod (years)Annual Escalation $15,971.63X0X4.00%=$0.00 Facilities Capital Cost of Money (FCCM):0.24%X$5,902.74=$14.17 Field Directs:$9,410.98 Lab Directs:$0.00 NOT-TO-EXCEED AMOUNT=$27,313.37 Ammon City Council 09.19.2024Page 121 of 128 17th St; Hitt Rd to Curlew Dr Work Break-Down and Day Labor Hours File No.1117828 January 2024Transmittal4 Project PrincipalQCEngineerGeologistCADDTechAdmin TOTAL Deliverable/Activity Manager 100 General0.09.00.00.00.00.00.06.00.015.0 Note: 4-month level-of-effort Prepare agreements, project start-up, ITD forms (771, 60, 2759), invoicing, B2G compliance, and close-out369.0 Perform general project management66.0 500GEOTECHNICAL STUDY 0.05.08.046.00.02.048.00.00.0109.0 500.1 Reconnaissance & Advance Preparations0.00.00.00.00.00.040.00.00.040.0 § Initial site visit including (1) Photograph and document general site conditions, (2) Perform a pavement condition survey, (3) Pick-up pavement cores from the City, and perform falling weight deflectometer (FWD) testing after later March when temperature conditions exceed 42 deg F average. 4040.0 500.4 Data Development & Analyses0.02.04.016.00.00.08.00.00.030.0 § Recommend a presumptive traffic index TI (ESAL level) assumption for confirmation by Horrock.22.0 § Photograph the cores and create a core log of condition including delamination. Select a mill and inlay thickness base on the core conditions.88.0 § Analyze a three-layer model consisting of new HMA inlay over existing AC over a combination base/subgrade using the AASHTOWare Pavement ME Analysis method and ITD performance criteria. Estimate the years of service for the mill and inlay strategy.41620.0 500.5 Reporting0.03.04.030.00.02.00.00.00.039.0 Roadway Materials Report Prepare calculation summaries and the supporting data appendices. 12214.0 Draft the report and appropriate special provisions and notes to contractor1212.0 Complete Shannon & Wilson QC review 1427.0 Issue for Horrocks team review and address comments123.0 Issue for LTHAC agency review and address comments123.0 TOTAL (all tasks)0.014.08.046.00.02.048.06.00.0124.0 Ammon City Council 09.19.2024Page 122 of 128 17th St; Hitt Rd to Curlew Dr File No.111782 2023 Field Directs 8 January 2024Transmittal4 Unit Cost (FY DescriptionQuantityUnit 2017)Extended Cost Project Coordination and Administration Lodging (FY21 per diem + estimated 15% taxes and fees)Night M&IE Day Rental Car (Including insur & taxes)Day Gasoline for Rental Car Day Light Duty Vehicles - Mileage Mile Heavy Duty Vehicle - Mileage Mile Towing Surcharge - Mileage Mile Airfare (one way)EA Airport Parking Day Subtotal$0.00 Site Reconnaissance Lodging (FY21 per diem + estimated 15% taxes and fees)2 Night110.40$220.80 M&IE 4 Day59.00$236.00 Rental Car (Including insur & taxes)Days Gasoline for Rental Car Day Light Duty Vehicles - Mileage Mile Heavy Duty Vehicle - Mileage 595 Mile0.815$484.93 Towing Surcharge - Mileage 595 Mile0.350$208.25 Airfare (one way)Mile Airport Parking Day Subtotal$1,149.98 Subsurface Explorations Lodging (FY21 per diem + estimated 15% taxes and fees)Night M&IE Day Rental Car (Including insur & taxes)Day Gasoline for Rental Car Day Light Duty Vehicles - Mileage Mile Heavy Duty Vehicle - Mileage Mile Towing Surcharge - Mileage Mile Airfare (one way)Day Airport Parking EA Drilling & Field Testing by Shannon & Wilson (See estimate)1 LS6,911.00$6,911.00 Subtotal$6,911.00 SubcontractorServices Drilling LS Excavation LS Traffic Control 1 LS1,350.00$1,350.00 LS LS LS Mylar Foundation Investigation Plat - Repro LS160.00 Subtotal$1,350.00 Ammon City Council 09.19.2024Page 123 of 128 Page 1 of 2 17th St; Hitt Rd to Curlew Dr File No.111782 2023 Field Directs 8 January 2024Transmittal4 Unit Cost (FY DescriptionQuantityUnit 2017)Extended Cost TOTAL FIELD DIRECTS$9,410.98 Note: Subcontractors may be changed for the convenience of American Geotechnics in executing the project objectives. Actual field expenses often differ from the estimated costs. Pricing Updates: Pricing is updated at least annually, as appropriately determined by Shannon & Williams. Services and supplies will be billed at current standard rates, which may be different than the unit prices listed. Expedited fees may apply. Ammon City Council 09.19.2024Page 124 of 128 Page 2 of 2 Ammon City Council 09.19.2024Page 125 of 128 17th St; Hitt Rd to Curlew Dr 2023 Field Testing Schedule - Confidential 8 January 2024 File No.111782Transmittal4 Billing DescriptionQuantityUnitUnit Cost Extended Cost Code Support Vehicle 71-F1000 Mile Light Duty Vehicle - General - Mileage 71-F1005Heavy Duty Vehicle - General - Mileage Mile 71-F1006Ford 1-ton - Mileage Mile 71-F1007Chevy 1-ton - Mileage Mile 71-F1008Heavy Duty Vehicle - Rental - Mileage Mile 71-F1010Towing Surcharge - Mileage Mile 71-F1015Company Vehicle - Commercial (miles)Mile 71-F1020Stationary Vehicle Use (Generator)Hour 71-F1025Support Vehicle w/ Amber Lights Day Subtotal$0.00 Non-Destructive Testing 71-F3506FWD Mobilization (Lump Sum)1 LS540.00$540.00 71-F3520FWD Mobilization (Per Mile)Mile 1 71-F3600Dynatest 8002 FWD (9 Sensors) - Project Reference Calibration LS1,220.00$1,220.00 1 71-F3610Dynatest 8002 FWD (9 Sensors) - Collection (Day)Day3,881.00$3,881.00 71-F3620Dynatest 8002 FWD (9 Sensors) - Collection (Mile)Lane Mile 71-F3635Load Transfer Efficiency (LTE) testing - 10 tests/mob EA 71-F3650TimeMark Traffic Counter w/Set Up & Supplies EA/Week Subtotal$5,641.00 Drilling and Sampling 71-F4006S&W Drill Rig Mobilization (Lump Sum)LS 71-F4008S&W Drill Rig Mobilization (Per Mile)Mile 71-F4010Nighttime Mobilization Fee (Lump Sum)LS 71-F4012Hazardous Duty project surcharge (Lump Sum)LS 71-F4020S&W Drill Rig Stand-by HR 71-F4022S&W Drill Rig Auger Drilling and Sampling (hourly)HR 71-F4024S&W Drill Rig Auger Drilling and Sampling (footage)FT 71-F4028Difficult Drilling Surcharge FT (CA) 71-F4030Replacement Auger Cutter Head EA 71-F4032Replacement Hollow Stem Auger 3-1/4", 3 key, 4 ft.EA 71-F4034Replacement Auger Cutter Head EA 71-F4036Replacement Carbide Teeth EA 71-F4038Replacement Center Carbide Bit EA 71-F40552" Sampler Shoe EA 71-F4070Asphalt Coring (4-inch Dia)Inch Subtotal$0.00 Drilling Supplies 71-F5133Disposable Data Collection Tablet EA 71-F5140Plastic buckets with lids EA 71-F51504.0 O.D. Thin-Walled sampling tube with end caps EA 71-F51554. O.D. Tube Disposable O-Ring Packer Seal EA 71-F529060 lb 1/2" Minus Gravel EA 71-F5295Asphalt Patch EA Page 1 of 2 Ammon City Council 09.19.2024Page 126 of 128 17th St; Hitt Rd to Curlew Dr 2023 Field Testing Schedule - Confidential 8 January 2024 File No.111782Transmittal4 Billing DescriptionQuantityUnitUnit Cost Extended Cost Code 71-F538055-Gallon Steel Drum EA Subtotal$0.00 Equipment Rental 71-F7520Topcon GRS-1 GPS with pole1 LS/WK350.00$350.00 71-F7530Sub-Meter GPS Survey System Day 71-F7540Sub-Meter GPS Survey System WK Subtotal$350.00 Specialized Software 71-S9110AASHTOWare PME & BCT LS800.00$800.00 1 71-S9113ProjectWise - Use on-demand LS 71-S9115GEOSTUDIO LS 71-S9120gINT LS 71-S9130RADAN LS 1 71-S9160ELMOD 6 LS120.00$120.00 71-S9165ShoringSuite LS 71-S9167TabLog LS 71-S9174Seisimager LS Subtotal$920.00 TOTAL S&W Drilling and Field Testing$6,911.00 SubcontractorChanges: 3´¡¢®³± ¢³®±² ¬ ¸ ¡¤ ¢§ ¦¤£ ¥®± ³§¤ ¢®µ¤¨¤¢¤ ®¥ 3§ ® ǉ 7¨«²® ¨ ¤·¤¢´³¨¦ ³§¤ ¯±®©¤¢³ ®¡©¤¢³¨µ¤²ȁ Changeofquantities:%¦¨¤¤± ¶¨«« ²¯¤¢¨¥¸ ¤·¯«®± ³¨® £ ³¤²³¨¦ ±¤°´¨±¤¬¤³² ¡ ²¤£ ® £¨²¢®µ¤±¸ ®¥ £ ³ ¤¤£²ȁ 1´ ³¨³¨¤² ¤²³¨¬ ³¤£ §¤±¤¨ ¬ ¸ «¨ª¤«¸ ¢§ ¦¤ ³® ¢¢®¬¬®£ ³¤ £¨²¢®µ¤±¤£ ¯±®©¤¢³ ±¤°´¨±¤¬¤³²ȁ PricingUpdates: 0±¨¢¨¦ ¨² ´¯£ ³¤£ ³ «¤ ²³ ´ ««¸Ǿ ² ¯¯±®¯±¨ ³¤«¸ £¤³¤±¬¨¤£ ¡¸ 3§ ® ǉ 7¨«²®ȁ 3¤±µ¨¢¤² £ ²´¯¯«¨¤² ¶¨«« ¡¤ ¡¨««¤£ ³ ¢´±±¤³ ²³ £ ±£ ± ³¤²Ǿ ¶§¨¢§ ¬ ¸ ¡¤ £¨¥¥¤±¤³ ³§ ³§¤ ´¨³ ¯±¨¢¤² «¨²³¤£ ® ³§¤ ¯±®©¤¢³ ¤²³¨¬ ³¤ȁ %·¯¤£¨³¤£ ¥¤¤² ¬ ¸ ¯¯«¸ ¶§¤ ²¢®¯¤ ®¥ ²¤±µ¨¢¤ ¨£¨¢ ³¤² ¤·¯¤£¨³¤£ ®± ¢®¬¯±¤²²¤£ ²¢§¤£´«¤ȁ Page 2 of 2 Ammon City Council 09.19.2024Page 127 of 128 17th St; Hitt Rd to Curlew Dr OutsideTraffic Control Estimate File No.1117828 January 2024Transmittal 4 Extended QuantityUnitUnit Cost Task Cost Submit a certificate of insurance referencing the above project name and naming American Geotechnics as additional insured.0.00 0.00 Prepare a traffic control plan in accordance with ITDand MUTCD Standards. The plan must be prepared to meet the approval of the permitting agency. Cooridinate approval. Provie a copy of the Plan to American Geotechnics. 1LS150.00 150.00 0.00 Mob/Demob 1LS400.00 400.00 0.00 Traffic Control Supervisor with pick-up truck to monitor and direct the traffic control team and including travel, hotel and perdiem 14-HR-Day800.00 800.00 Traffic Control Supervisor - OT after 10 hours 0.00 Provide a >> person traffic control team including all necessary vehicles, signs and, barriers, delineators and appurtenant signage or equipment necessary to conduct a safe traffic control operation, and including travel, hotel and perdiem0.00 Traffic control team - OT after 10 hours 0.00 Tribal labor agreement (two persons)0.00 0.00 0.00 Prices shall include all taxes and the following Subcontractor insurances: Workers Compensation at Statutory Limits General Liability at minimum $2,000,000 Automobile Liability at minimum $1,000,000 DIRECT COST$1,350.00 Ammon City Council 09.19.2024Page 128 of 128