09.03.2026 City Council Packet
AMMON CITY COUNCIL MEETING
September 03, 2026 - 6:00 pm
Ammon City Hall
2135 S Ammon Road, Ammon, ID 83406
PUBLIC COMMENT AGENDA
CALL TO ORDER:
- Mayor Brian Powell at 6:00 p.m.
- Pledge of Allegiance – Council Member Oswald
- Prayer – Council Member Wessel
CONSENT AGENDA:
1. Accounts Payable Report: Exhibit A
2. Minutes: August 20, 2026 – Regular Meetings - Page 2
PROCLAMATIONS:
1. Dominic Nuñez Day - February 28, 2027 - Page 7
PUBLIC COMMENT REGARDING ITEMS NOT ON AGENDA (3-minute limit)
ACTION ITEMS:
1. Consideration of Resolution 2026-018-Social Media Publishing Policy -
(Micah Austin, City Administrator) - Page 8
2. Consideration of J-U-B Capital Improvement Plan Contract - (Morgan
Stewart, City Engineer) - Page 13
DISCUSSION ITEMS:
1. Annual Fall Fee Resolution Updates - (Micah Austin, City Administrator)
2. Miscellaneous
ADJOURN
The following guidelines for public
comment have been adopted:
1. Before an individual may be
heard, the Mayor, Council
President, or Commission Chair
must recognize them.
2. Individuals recognized for
comment shall provide their name
and address for the record.
Individuals must utilize the podium
at the front of the room and not
speak from their seat.
3. Individuals must direct comments
to the Commission or Council, not
other individuals within the room.
Individuals must limit comments to
three (3) minutes or less.
4. Individuals must avoid repetitious
comments or ideas that have
already been presented.
5. All comments shall be made
courteously, respectfully, and civilly.
Inflammatory, disrespectful,
degrading statements, heckling,
applause, or obscene or indecent
language will not be tolerated.
Individuals that violate these
guidelines may be asked to leave
the meeting.
UPCOMING
- September 10, 2026 Work Session
- September 17, 2026, City Council
- October 01, 2026, City Council
ACCESS TO MEETINGS
MEETINGS WILL BE AVAILABLE VIA
ZOOM:
AVAILABLE UPON REQUEST-
EMAIL THE CITY CLERK 24 HOURS
PRIOR TO THE MEETING AT
CLERK@CITYOFAMMON.US
INDIVIDUALS NEEDING ACCOMMODATION DUE TO DISABILITY MUST CONTACT CITY HALL
NO LATER THAN 1:00 P.M. THE DAY BEFORE THE SCHEDULED MEETING TO ARRANGE ASSISTANCE
Next Resolution Number: 2026-019; Next Ordinance Number: 751
Ammon City Council September 03, 2026 Page 1 of 27
AMMON CITY COUNCIL MINUTES
THURSDAY, AUGUST 20, 2026 – 6:00 P.M.
2135 SOUTH AMMON ROAD
AGENDA
CALL TO ORDER:
- Mayor Brian Powell at 6:00 p.m.
- Pledge of Allegiance – Council Member Wheeler
- Prayer – Council Member Oswald
CONSENT AGENDA:
1. Accounts Payable Report: Exhibit A
2. Minutes: August 06 & 13, 2026 – Regular Meetings
PUBLIC COMMENT REGARDING ITEMS NOT ON AGENDA (3-minute limit)
AMMON LIGHTING DISTRICTS
1. Ordinance 749LD Annual Appropriation Bill for Fiscal Year 2027 Lighting District Budget -
(Micah Austin, City Administrator)
ACTION ITEMS:
1. Ordinance 750 Annual Appropriation Bill for Fiscal Year 2027 City of Ammon Budget - (Micah
Austin, City Administrator)
2. Award Bid and Contracts for Cured in Place Piping (CIPP) Contracts - Projects 1, 2, and 3 - (Rick
Gehrke, Public Works Director and Nathan Riblett, Water/Wastewater Division Director)
3. Appointment of Weston Davis as City Attorney- (Micah Austin, City Administrator)
DISCUSSION ITEMS:
1. Review Council Chambers Remodel - (Mayor Powell and Micah Austin, City Administrator)
2. Miscellaneous
ADJOURN
MINUTES
City Officials Present:
Mayor Brian Powell
Council President Scott Wessel
Councilmember Nolan Wheeler
Councilmember Kris Oswald
Councilmember Heidi Boyle
Councilmember Jeff Fullmer
City Staff Present:
City Attorney Scott Hall
City Administrator Micah Austin
City Clerk Joanna Dahm
City Planner Cindy Donovan
City Engineer Morgan Stewart
Finance Director Jennifer Belfield
Public Works Director Rick Gehrke
City Officials Absent:
Councilmember Sid Hamberlin
Ammon City Council Regular Meeting 08.20.2026 Page 1 of 5
Ammon City Council September 03, 2026 Page 2 of 27
CALL TO ORDER:
Mayor Brian Powell called the meeting to order at 6:09 p.m. Council Wheeler led the pledge of
allegiance and Council Member Oswald gave a prayer.
Mayor Powell presented City Attorney Scott Hall with the Key to the City of Ammon.
CONSENT AGENDA:
Accounts Payable Report: Exhibit A
Minutes: August 06 & 13, 2026 – Regular Meetings
It was moved by Council Member Oswald and seconded by Council Member Boyle to approve the
Consent Agenda
Wheeler, yes; Oswald, yes; Wessel, yes; Boyle, yes; Fullmer, absent; Hamberlin, absent. Motion passes
unanimously with vote by roll call.
PUBLIC COMMENT REGARDING ITEMS NOT ON AGENDA (3-minute limit)
It was moved by Council Member Boyle and seconded by Council Member Fullmer to move out of the
Ammon City Council meeting and into the Ammon Lighting District Board
Wheeler, yes; Oswald, yes; Wessel, yes; Boyle, yes; Fullmer, yes; Hamberlin, absent. Motion passes
unanimously with vote by roll call.
AMMON LIGHTING DISTRICTS
1. Ordinance 749LD Annual Appropriation Bill for Fiscal Year 2027 Lighting District Budget -
(Micah Austin, City Administrator)
It was moved by Council Member Boyle and seconded by Council President Wessel to dispense with
the rule requiring the reading of the ordinance on three different days and that the three readings be
waived.
Wheeler, yes; Oswald, yes; Wessel, yes; Boyle, yes; Fullmer, yes; Hamberlin, absent. Motion passes
unanimously with vote by roll call.
It was moved by Council Member Boyle and seconded by Council President Wessel to approve the
Ordinance 749LD Annual Appropriation Bill for Fiscal Year 2027 Lighting District Budget
Wheeler, yes; Oswald, yes; Wessel, yes; Boyle, yes; Fullmer, yes; Hamberlin, absent. Motion passes
unanimously with vote by roll call.
It was moved by Council Member Fullmer and seconded by Council Member Oswald to exit the
Lighting District Board and move back into the Regular City Council Meeting
Wheeler, yes; Oswald, yes; Wessel, yes; Boyle, yes; Fullmer, yes; Hamberlin, absent. Motion passes
unanimously with vote by roll call.
ACTION ITEMS:
1. Ordinance 750 Annual Appropriation Bill for Fiscal Year 2027 City of Ammon Budget - (Micah
Ammon City Council Regular Meeting 08.06.2026 Page 2 of 5
Ammon City Council September 03, 2026 Page 3 of 27
Austin, City Administrator)
It was moved by Council Member Fullmer and seconded by Council Member Wheeler to dispense with
the rule requiring the reading of the ordinance on three different days and that the three readings be
waived.
Wheeler, yes; Oswald, yes; Wessel, yes; Boyle, yes; Fullmer, yes; Hamberlin, absent. Motion passes
unanimously with vote by roll call.
It was moved by Council Member Fullmer and seconded by Council Member Wheeler to approve the
Ordinance 750 Annual Appropriation Bill for Fiscal Year 2027 City of Ammon Budget
Wheeler, yes; Oswald, yes; Wessel, yes; Boyle, yes; Fullmer, yes; Hamberlin, absent. Motion passes
unanimously with vote by roll call.
Mayor Powell stated in the budget is the funding for G.I.F.T and asks City Administrator Micah Austin to
set up a meeting with Kade to affirm the map and the drop zones and assign a Council Member to be on
the board.
2. Award Bid and Contracts for Cured in Place Piping (CIPP) Contracts - Projects 1, 2, and 3 - (Rick
Gehrke, Public Works Director and Nathan Riblett, Water/Wastewater Division Director)
Public Works Director Rick Gehrke addressed the council to explain the CIPP projects and how they will
work. He explained that during routine maintenance it was discovered that the sewer lines had cracks
and root infiltration.
Past Mayor Sean Coletti stopped by the Council Meeting to thank Scott Hall for everything he has done, it
was a privilege to work with Scott and his contribution to the City of Ammon is greatly appreciated. He
wishes Scott Hall the best of luck in his next adventure.
Public Works Director Gehrke went on to explain the cost difference between replacing the lines
compared to using the Cured-in-Place Piping. He explained the material and how it is used. City Attorney
Scott Hall asked about the warranty, Gehrke explained that the warranty is typically one year but they
can request an extended warranty.
It was moved by Council Member Boyle and seconded by Council President Wessel CIPP Project 1 to
Vortex and authorize the Mayor to sign the contract as presented
Wheeler, yes; Oswald, yes; Wessel, yes; Boyle, yes; Fullmer, yes; Hamberlin, absent. Motion passes
unanimously with vote by roll call.
It was moved by Council Member Boyle and seconded by Council President Wessel to CIPP Project 2 to
Iron Horse and authorize the Mayor to sign the contract as presented
Wheeler, yes; Oswald, yes; Wessel, yes; Boyle, yes; Fullmer, yes; Hamberlin, absent. Motion passes
unanimously with vote by roll call.
It was moved by Council Member Boyle and seconded by Council President Wessel to CIPP Project 3 to
Iron Horse and authorize the Mayor to sign the contract as presented
Ammon City Council Regular Meeting 08.06.2026 Page 3 of 5
Ammon City Council September 03, 2026 Page 4 of 27
Wheeler, yes; Oswald, yes; Wessel, yes; Boyle, yes; Fullmer, yes; Hamberlin, absent. Motion passes
unanimously with vote by roll call.
3. Appointment of Weston Davis as City Attorney- (Micah Austin, City Administrator)
City Administrator Austin reviewed the process of hiring Weston Davis as City Attorney, he explained that
it was a competitive process. The panel felt that Weston Davis was the most qualified for the position.
Mayor Powell explained the process was very detailed and everyone who applied was vetted the same.
He can definitely say that Weston Davis was the top pick.
It was moved by Council Member Oswald and seconded by Council Member Boyle to appoint Weston
Davis as the new City of Ammon City Attorney effective August 23, 2026
Wheeler, yes; Oswald, yes; Wessel, yes; Boyle, yes; Fullmer, yes; Hamberlin, absent. Motion passes
unanimously with vote by roll call.
DISCUSSION ITEMS:
1. Review Council Chambers Remodel - (Mayor Powell and Micah Austin, City Administrator)
Mayor Powell stated the remodel is to clean up the Council Chambers and update the esthetics.
We will remove the wall displays, recess the lighting, painting, carpet, remove the chair rails,
remove the white board, remove the projector and sound system, we are going to adjust the
sound so the audience can hear, the painting in the hallway is being moved into the Council
Chambers, and the door behind the dias will become a hidden door.
2. Miscellaneous
Council Member Jeff Fullmer- Went to BMPO yesterday, big cuts, not a lot of transportation
funds. Good news, Ammon & 1st intersection sounds like there is a little bit of money.
Council Member Boyle - Stated there is a committee for Idaho Falls concerning the Starter Home
Subdivisions that Heather and her are part of, we are trying to align with the City of Idaho Falls.
City Attorney Scott Hall - Thanked everyone, stated it has been one of the joys of his life to serve
the City of Ammon.
City Administrator Austin - We put Target Park on the auction twice, the top bid was $45,000
which did not meet reserve requirements. We have no obligation to sell for that price. Reached
out to Target, they got back to us and said they are not purchasing real estate right now.
Reached out to Woodbury, still waiting to hear back if they are interested. If they are not
interested it will be brought back to counsel.
City Engineer Stewart- We have been working with J-U-B on a transportation plan. We have
never had one. They will be coming to the next meeting to answer questions and go over that
with the counsel.
City Planner Donovan - APA Conference September 9-11, 2026 in Dillion, MT, there will be a City
roundtable, they expect the Starter Home Subdivision to be a big topic. Mayor Powell asked
about the speed bumps in McCowin Park, did the traffic commission come up with solutions. As
well as Eagle Drive. City Planner Donovan stated it hasn’t come back before the Traffic
Ammon City Council Regular Meeting 08.06.2026 Page 4 of 5
Ammon City Council September 03, 2026 Page 5 of 27
Commission yet. We are still working on it. Tony Black is working on solar lights for Southwick
and Midway because it does get really dark there.
City Clerk Dahm - Updated the Council that the HVAC RFP closed today at 4 p.m., we only
received two proposals.
City Attorney Weston Davis - Excited to work with the City of Ammon
Council President Wessel motion to adjourn
ADJOURN at 7:25 pm
______________________________
Brian Powell, Mayor
______________________________
Joanna Dahm, City Clerk
Ammon City Council Regular Meeting 08.06.2026 Page 5 of 5
Ammon City Council September 03, 2026 Page 6 of 27
PROCLAMATION
CITY OF AMMON, IDAHO
DESIGNATING FEBRUARY 28, 2027
DOMINIC NUÑEZ DAY
WHEREAS, the City of Ammon and its surrounding communities are united in honoring the extraordinary life,
courageous spirit, and enduring memory of Dominic Nuñez; and
WHEREAS, Dominic, a proud student and graduate of Thunder Ridge High School, faced his battle with stage
four Rhabdomyosarcoma with unwavering courage, resilient humor, and a profound determination embodied in
his personal mantra, "I’m not done living"; and
WHEREAS, throughout his journey, Dominic inspired our entire region—from his teammates on the football field
to thousands of neighbors—demonstrating what it means to live life to the fullest through his adventurous spirit,
strength, and love for his family and friends; and
WHEREAS, our local community rallied around Dominic through the #DOMinatingCancer movement, filling our
streets, neighborhoods, and homes with green lights, Dominic’s favorite color, as a visible beacon of love, hope,
and solidarity; and
WHEREAS, Dominic’s fight brought out the very best in our community, reminding us of the power of
compassion, the value of every single day, and the strength found in standing together; and
WHEREAS, the Mayor and City Council, on behalf of all residents of the City of Ammon, wish to extend their
deepest condolences to the Nuñez family and formally commemorate Dominic’s profound impact on our city.
NOW, THEREFORE, BE IT RESOLVED that I, Brian Powell, Mayor of the City of Ammon, together with the
Ammon City Council, do hereby proclaim February 28, 2027, as:
DOMINIC NUÑEZ DAY
in the City of Ammon, Idaho.
BE IT FURTHER RESOLVED that all citizens of Ammon are encouraged to remember Dominic’s indomitable
spirit, live boldly and intentionally, and shine a green light on this day in honor of his life and legacy.
IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City of Ammon to be affixed
this 3rd day of September, 2026.
_______________________________
Mayor Brian Powell, City of Ammon
_____________________________
ATTEST: Joanna Dahm, City Clerk
Ammon City Council September 03, 2026 Page 7 of 27
Date: September 3, 2026
To: Mayor Powell and City Council
Presenting: Micah Austin, City Administrator
Subject: Staff Report Regarding Adoption of the City of Ammon Social Media Publishing Policy
RESOLUTION 2026-018
ADOPTION OF THE CITY OF AMMON SOCIAL MEDIA PUBLISHING POLICY
Staff Recommendation
- Adopt Resolution 2026-018
Summary of Analysis
1. This policy would be new for the City of Ammon. Among other things, the policy establishes
guidelines for preferred, and encouraged, content and for restricted content and how to
determine each of those categories.
2. Under the proposed policy, specific operational, administrative, and financial topics, including
internal operating procedures, neighborhood/localized projects, and fee or utility rate
increases—are restricted from standalone social media posts to prevent public confusion and
miscommunication.
3. Designated alternative communication channels (e.g., city website, utility bill inserts, direct
messaging, official public notices, electronic sign boards, door hangers, and direct
person-to-person communication) are established for conveying restricted operational
information effectively.
4. A mandatory pre-publishing review and approval workflow by the Mayor or City Administrator is
established for any proposed post touching on restricted topics to perform risk assessments
before public release.
5. The policy outlines explicit standards for comment moderation and comment disabling to
address off-topic discussion, misleading operational information, or violations of the City’s Social
Media Terms of Use.
6. Resolution 2026-018 officially adopts the City of Ammon Social Media Publishing Policy and
authorizes the Mayor, City Administrator, City Clerk, and administrative staff to implement its
provisions.
Financial Impact
- There is no direct financial impact associated with adopting Resolution 2026-018. Policy
administration and content workflow management will be performed by existing city
administrative staff using current operational resources.
Motion
"I move to approve Resolution 2026-018."
Attachments:
1. Resolution 2026-018
2. City of Ammon Social Media Publishing Policy (Updated: September 1, 2026)
2135 South Ammon Rd., Ammon, Idaho 83406 City Hall: (208) 612-4000
www.cityofammon.us Page | 1 Ammon City Council September 03, 2026 Page 8 of 27
RESOLUTION NO. 2026-018
A RESOLUTION OF THE CITY OF AMMON, IDAHO,
ADOPTING THE CITY OF AMMON SOCIAL MEDIA
PUBLISHING POLICY; ESTABLISHING GUIDELINES FOR
APPROVED AND RESTRICTED CONTENT; SETTING
WORKFLOW AND APPROVAL PROCEDURES; SPECIFYING
ALTERNATIVE COMMUNICATION CHANNELS; PROVIDING
FOR COMMENT MODERATION AND DISABLING
PROCEDURES; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Council of the City of Ammon, Idaho, is empowered pursuant to Idaho
Code § 50-301 to exercise all powers and perform all functions of local self-government in city
affairs not specifically prohibited by law; and
WHEREAS, Idaho Code § 50-302 authorizes the City Council to pass all ordinances, rules, and
regulations necessary to carry into effect the powers granted to municipal corporations, and to
preserve the good order, peace, and health of the municipality; and
WHEREAS, the City Council desires to establish clear guidelines for the use of social media
channels to serve as a positive bridge to the community, highlight achievements, and
communicate public safety and service alerts; and
WHEREAS, the City Council finds it necessary to establish designated communication channels
for specific administrative, operational, and financial topics to ensure accurate, clear, and
context-appropriate public communication; and
WHEREAS, the implementation of a structured screening process, context requirements, and
comment moderation guidelines serves the public interest by maintaining constructive,
informative, and secure digital communication platforms;
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE
CITY OF AMMON, IDAHO:
Section 1: Adoption of Policy. The City of Ammon Social Media Publishing Policy, dated
September 1, 2026, attached hereto as Exhibit A and incorporated herein by reference, is hereby
approved and adopted.
Ammon City Council September 03, 2026 Page 9 of 27
Section 2: Authorization. The Mayor, City Administrator, City Clerk, and designated
administrative staff are hereby authorized to take all necessary steps to implement and enforce
the provisions of the adopted policy.
Section 3: Effective Date. This Resolution shall be in full force and effect immediately upon its
passage and approval.
Passed by the City Council and approved by the Mayor this 3rd day of September, 2026.
________________________________
Brian Powell, Mayor
________________________________
ATTEST: Joanna Dahm, City Clerk
Ammon City Council September 03, 2026 Page 10 of 27
City of Ammon – Social Media Publishing Policy
Updated: September 1, 2026
1. Approved and Encouraged Content. Social media channels (e.g., Facebook) should primarily
serve as a positive bridge to the community. Posts should focus on:
a. Community Events & Celebrations. City events, seasonal activities, community events,
and city-hosted gatherings.
b. Fundraising & Donations. Charitable drives, community initiatives, city enhancement
projects, and local support programs.
c. Community Highlights. Spotlighting local achievements, citizen achievements, staff
appreciation, and local history.
d. Public Safety & Service Alerts. Time-sensitive safety notices, snow removal operations,
road closures, weather updates, and emergency alerts.
2. Restricted Topics and Alternative Channels. To maintain a positive engagement space, certain
topics are prohibited as standalone social media posts:
a. Restricted Topics. Restricted topics include, but are not limited to, the following:
1. Internal operating procedures, administrative policies, changes, or updates.
2. Projects, including construction and maintenance projects, that impact localized
areas with disruptions limited to neighborhoods.
3. Fee increases, including utility rate increases.
b. Designated Channels for Restricted Topics. The following designated channels may be
used for restricted topics:
1. City website
2. Official public notices
3. Utility bill inserts
4. Direct messaging to the impacted residents or businesses
5. Temporary signage, including electronic sign boards
6. Door hangers and community flyers
7. Any person-to-person communication
3. Mandatory Screening and Approval Workflow.
a. Pre-Publishing Review. Any proposed post touching on Restricted Topics must receive
prior approval from the Mayor or City Administrator.
b. Risk Assessment. Content with the potential to cause public confusion or negative
sentiment must be flagged during review and may be prohibited by the Mayor or City
Administrator.
2135 South Ammon Rd., Ammon, Idaho 83406 City Hall: (208) 612-4000
www.cityofammon.us Page | 1 Ammon City Council September 03, 2026 Page 11 of 27
c. Approved and Encouraged Content not Subject to Screening. Content listed in Section 1
is not subject to advance screening and approval.
4. Context Requirements for Approved Restricted Topics.
a. Provide the "Why". In the rare event Restricted Topics are approved for social media,
the post must clearly explain the context and underlying reasons (e.g., scheduling,
seasonal conditions, cost increases, state requirements, fiscal sustainability) before
announcing the change.
5. Comments and Engagement.
a. General Rule. Public comments and engagement are permitted on content listed in
Section 1. Comments are not approved for Restricted Topics or posts where
commenting has been pre-emptively disabled.
b. Disabling Comments. Commenting on a post may be turned off or disabled by the
Mayor, City Administrator, or City Clerk when:
1. The post is purely informational and not intended as a public discussion forum.
2. The comment thread is fostering widespread false or inaccurate operational
information.
3. Comments repeatedly violate the City's Social Media Terms of Use through
threats, profanity, personal attacks, harassment, or defamatory language
directed at specific individuals.
c. Enforcement. All comment moderation and user restrictions will be enforced strictly in
accordance with the City of Ammon Social Media Terms of Use.
2135 South Ammon Rd., Ammon, Idaho 83406 City Hall: (208) 612-4000
www.cityofammon.us Page | 2 Ammon City Council September 03, 2026 Page 12 of 27
Date: September 3, 2026
To: Mayor Powell and City Council
Presenting: Morgan Stewart, City Engineer
Subject: Staff Report regarding J-U-B Contract for Transportation Plan
Approval of the J-U-B contract to complete a Transportation Plan
Staff Recommendation
- Staff Recommends to approval of the contract
Summary of Analysis
1. The City selected J-U-B from our On-Call Engineering Roster to prepare a scope to complete a
Transportation Plan
2. This plan will help the city plan for future street improvements. Determine when to apply for
grants, guide developer contributions, and street levy needs.
3. Would incorporate our strategic plan and land use map to make sure the plan aligns with the
City’s vision and goals.
Financial Impact
● The total cost for this plan is $298,831. If approved funds would come from this year's remaining
street levy funds
Motion
I move to approve the J-U-B contract to complete a Transportation Plan and authorize the Mayor
to sign the contract
Attachments:
1. Contract
2135 South Ammon Rd., Ammon, Idaho 83406 City Hall: (208) 612-4000
www.cityofammon.us Page | 1 Ammon City Council September 03, 2026 Page 13 of 27
Page 1 of 4
J-U-B ENGINEERS, Inc.
AGREEMENT FOR PROFESSIONAL SERVICES
J-U-B Project No.: RP-26-01159
J-U-B Project Manager: ASG
This Agreement entered into and effective this __________ day of __________________ 2026, between City of Ammon, hereinafter referred
to as the “CLIENT” and J-U-B ENGINEERS, Inc., an Idaho corporation, hereinafter referred to as “J-U-B”.
WITNESSETH:
WHEREAS the CLIENT intends to: obtain professional services to develop a capital improvement plan (CIP) hereinafter referred to as the
“Project”. The Services to be performed by J-U-B are hereinafter referred to as the “Services.”
NOW, THEREFORE, the CLIENT and J-U-B, in consideration of their mutual covenants herein, agree as set forth below:
CLIENT INFORMATION AND RESPONSIBILITIES
The CLIENT will provide to J-U-B all criteria and full information as to CLIENT’s requirements for the Project, including design objectives and
constraints, space, capacity and performance requirements, flexibility and expandability, and any budgetary limitations; and furnish copies of all
design and construction standards, rules and laws which CLIENT or others will require to be included in the drawings and specifications, and
upon which J-U-B can rely for completeness and accuracy.
The CLIENT will furnish to J-U-B all data, documents, and other items in CLIENT’s possession, or reasonably obtainable by CLIENT, including,
without limitation: 1) borings, probings and subsurface explorations, hydrographic surveys, laboratory tests and inspections of samples, materials
and equipment; 2) appropriate professional interpretations of all of the foregoing; 3) environmental assessment and impact statements; 4) surveys
of record, property descriptions, zoning, deeds and other land use restrictions, rules and laws; and 5) other special data or consultations, all of
which J-U-B may use and rely upon in performing Services under this Agreement.
The CLIENT will obtain, arrange and pay for all advertisements for bids, permits and licenses, and similar fees and charges required by
authorities, and provide all land, easements, rights-of-ways and access necessary for J-U-B’s Services and the Project.
In addition, the CLIENT will furnish to J-U-B those items described in Attachment 1.
PROJECT REPRESENTATIVES
The CLIENT and J-U-B hereby designate their authorized representatives to act on their behalf with respect to the Services and responsibilities
under this Agreement. The following designated representatives are authorized to receive notices, transmit information, and make decisions
regarding the Project and Services on behalf of their respective parties, except as expressly limited herein. These representatives are not
authorized to alter or modify the TERMS AND CONDITIONS of this Agreement.
For the CLIENT:
1. Name Micah Austin, ICMA-CM Work telephone 208-612-4051
Address 2135 South Ammon Road Home/cell phone 208-360-1280
Ammon, ID 83406 FAX telephone
E-mail address maustin@cityofammon.us
For J-U-B:
1. Name Alan Giesbrecht, P.E. Work telephone 208-932-4486
Address 400 Memorial Drive Cell phone 208-221-6764
Idaho Falls, ID 83402 FAX telephone
E-mail address asg@jub.com
In the event any changes are made to the authorized representatives or other information listed above, the CLIENT and J-U-B agree to furnish
each other timely, written notice of such changes.
Ammon City Council September 03, 2026 Page 14 of 27
Page 2 of 4
SERVICES TO BE PERFORMED BY J-U-B (“Services”)
J-U-B will perform the Services described in Attachment 1 in a manner consistent with the applicable standard of care. J-U-B’s services shall
be limited to those expressly set forth therein, and J-U-B shall have no other obligations, duties, or responsibilities for the Project except as
provided in this Agreement.
SCHEDULE OF SERVICES TO BE PERFORMED
J-U-B will perform said Services in accordance with the schedule described in Attachment 1 in a manner consistent with the applicable standard
of care. This schedule shall be equitably adjusted as the Project progresses, allowing for changes in scope, character or size of the Project
requested by the CLIENT or for delays or other causes beyond J-U-B’s control.
BASIS OF FEE
The CLIENT will pay J-U-B for their Services and reimbursable expenses as described in Attachment 1. A ten percent administrative fee will
be applied to sub-consultant invoices.
Other work that J-U-B performs in relation to the Project at the written request or acquiescence of the CLIENT, which are not defined as Services,
shall be considered “Additional Services” and subject to the express terms and conditions of this Agreement. Unless otherwise agreed, the
CLIENT will pay J-U-B for Additional Services on a time and materials basis. Resetting of survey and/or construction stakes shall constitute Additional Services.
File Folder Title: Ammon 2027 CIP
Remarks:
The Notice to Proceed, by the CLIENT, verbal or written, or execution of the Agreement shall constitute acceptance
of the terms of this Agreement. THE TERMS AND CONDITIONS ON PAGES 3 AND 4, INCLUDING RISK
ALLOCATION, ARE PART OF THIS AGREEMENT. THE CLIENT AGREES TO SAID TERMS AND CONDITIONS FOR
ALL SERVICES AND ADDITIONAL SERVICES. Special Provisions that modify these TERMS AND CONDITIONS, if
any, are included in Attachment 2. All other modifications to these terms and conditions must be in writing and
signed by both parties.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first above written.
These parties represent and acknowledge that they have authority to execute this Agreement.
CLIENT:
City of Ammon
NAME
2135 South Ammon Road
STREET
Ammon, ID 83406
CITY / STATE / ZIP CODE
BY (Signature)
Brian Powell, Mayor
NAME / TITLE
BY (Signature)
ADDITIONAL NAME / TITLE
J-U-B ENGINEERS, Inc.:
400 Memorial Drive
STREET
Idaho Falls, ID 83402
CITY / STATE / ZIP CODE
BY (Signature)
Angela Comstock, PE, TSG Lead
NAME / TITLE
Applicable
Attachments or
Exhibits to this
Agreement are
indicated as
marked.
Attachment 1 – Scope of Services,
Schedule, and Basis of Fee
Attachment 2 – Special Provisions
Standard Exhibit A – Construction
Phase Services
REV: 4/23
DISTRIBUTION: Accounting; Project File; CLIENT
Ammon City Council September 03, 2026 Page 15 of 27
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J-U-B ENGINEERS, Inc. TERMS AND CONDITIONS
GENERAL
All J-U-B Services shall be covered by this Agreement. The Services will be performed in accordance with the care and skill ordinarily used by
members of the subject profession practicing under like circumstances at the same time and in the same locality. J-U-B MAKES NO WARRANTY
EITHER EXPRESS OR IMPLIED ON BEHALF OF IT OR OTHERS. Nothing herein shall create a fiduciary duty between the parties.
The CLIENT acknowledges and agrees that requirements governing the Project may be ambiguous and otherwise subject to various and
possibly contradictory interpretations and J-U-B is, therefore, only responsible to use its reasonable professional efforts and judgment to
interpret such requirements. Accordingly, CLIENT should prepare and plan for clarifications or modifications which may impact both the cost and
schedule of the Project. J-U-B shall not be responsible for acts or omissions of any other party
involved in the Project, including but not limited to the following: the failure of CLIENT or a third party to follow J-U-B’s recommendations; the means,
methods, techniques, sequences or procedures of construction; safety programs and precautions selected by third parties; compliance by
CLIENT or third parties with laws, rules, regulations, ordinances, codes, orders or authority; and delays caused by CLIENT or third parties;.
CLIENT, therefore, releases and shall indemnify, defend and hold J-U-B harmless from the acts, errors, or omissions of CLIENT or third parties
involved in the Project. J-U-B shall not be required to execute any documents, no matter by
whom requested, that would result in J-U-B’s having to certify, guarantee or warrant the existence of conditions. CLIENT acknowledges that
subsurface conditions can vary widely between adjacent samples and test points, and therefore J-U-B makes no warranty or other representation
regarding soil investigations and characterization of subsurface conditions for the Project.
Any sales tax or other tax on the Services rendered under this Agreement, additional costs due to changes in regulation, and fees for
credit card payment transactions shall be paid by the CLIENT.
CLIENT grants J-U-B and its subsidiaries the unrestricted right to take,
use, and publish images, or edited images, of the project site and workers for
J-U-B’s purposes including, but not limited to, website, intranet, and
marketing. This right shall survive the termination of this Agreement.
REUSE OF DOCUMENTS
Documents that may be relied upon by CLIENT as instruments of service under this Agreement are limited to the printed copies (also known
as hard copies) that are signed or sealed by J-U-B (including non-vector PDF facsimiles thereof). All printed materials or other communication or
information (“Documents”) that may be prepared or furnished by J-U-B pursuant to this Agreement are instruments of service with respect to the
Project. J-U-B grants CLIENT a limited license to use the Documents on the Project subject to receipt by J-U-B of full payment for all Services
related to preparation of the Documents. Although CLIENT may make and retain copies of Documents for
reference, J-U-B shall retain all common law, statutory and other reserved rights, including the copyright thereto, and the same shall not be reused
on this Project or any other Project without J-U-B’s prior written consent. Submission or distribution of Documents to meet regulatory or permitting
requirements, or for similar purposes, in connection with the Project, including but not limited to distribution to contractors or subcontractors for
the performance of their work, is not to be construed as publication adversely affecting the reserved rights of J-U-B.
Any reuse without written consent by J-U-B, or without verification or adoption by J-U-B for the specific purpose intended by the reuse, will be
at CLIENT’s sole risk and without liability or legal exposure to J-U-B. The CLIENT shall release, defend, indemnify, and hold J-U-B harmless from
any claims, damages, actions or causes of action, losses, and expenses, including reasonable attorneys’ and expert fees, arising out of or resulting
from such reuse.
CONSTRUCTION PHASE SERVICES
It is understood and agreed that J-U-B does not have control over, and neither the professional activities of J-U-B nor the presence of J-U-B
at the Project Site shall give, J-U-B control over contractor(s) work nor shall J-U-B have authority over or responsibility for the means, methods,
techniques, sequences or procedures of construction selected by
contractor(s), for safety precautions and programs incident to the work of
the contractor(s) or for any failure of contractor(s) to comply with laws, rules, regulations, ordinances, codes or orders applicable to contractor(s)
furnishing and performing their work or providing any health and safety
precautions required by any regulatory agencies. Accordingly, J-U-B does not guarantee or warrant the performance of the construction contracts by
contractor(s), nor assume responsibility of contractor(s)’ failure to furnish and perform their work in accordance with the Contract Documents.
The CLIENT agrees that the general contractor shall be solely responsible for jobsite safety, and CLIENT agrees that this intent shall be
set forth in the CLIENT’s contract with the general contractor. The CLIENT also agrees that the CLIENT, J-U-B, and J-U-B’s subconsultants shall be
indemnified by the general contractor in the event of general contractor’s failure to assure jobsite safety and shall be made additional insureds under
the general contractor’s policies of general liability insurance. If Standard Exhibit A – Construction Phase Services is attached, the
additional terms contained therein apply to this Agreement.
OPINIONS OF COST AND PROJECT FINANCIAL INFORMATION
CLIENT understands that J-U-B has no control over the cost of labor, materials, equipment or services furnished by others, the contractor(s)’
methods of determining prices, nor bidding or market conditions. J-U-B’s opinions of probable Project costs and construction, if any, are to be made
on the basis of J-U-B’s experience, and represent J-U-B’s best judgment as a professional engineer, familiar with the construction industry.
CLIENT understands and acknowledges that J-U-B cannot and does not guarantee that proposals, bids or actual Project or construction costs
will not vary from opinions of probable cost prepared by J-U-B. J-U-B’s Services to modify the Project to bring the construction costs within any
limitation established by the CLIENT will be considered Additional Services and paid for as such by the CLIENT in accordance with the terms
herein. CLIENT agrees that J-U-B is not acting as a financial advisor to the
CLIENT and does not owe CLIENT or any third party a fiduciary duty pursuant to Section 15B of the Exchange Act with respect to J-U-B’s
professional Services. J-U-B will not give advice or make specific recommendations regarding municipal securities or investments and is
therefore exempt from registration with the SEC under the municipal advisors rule. CLIENT agrees to retain a registered financial municipal
advisor as appropriate for Project financing and implementation.
TIMES OF PAYMENTS
J-U-B shall submit monthly statements for Services rendered and for expenses incurred, which statements are due on presentation. CLIENT
shall make prompt monthly payments. If CLIENT fails to make any payment in full within thirty (30) days after receipt of J-U-B’s statement,
the amounts due J-U-B will accrue interest at the rate of 1% per month from said thirtieth day or at the maximum interest rate allowed by law,
whichever is less. If the CLIENT fails to make payments when due or otherwise is in
breach of this Agreement, J-U-B may suspend performance of Services upon five (5) days’ notice to the CLIENT. J-U-B shall have no liability
whatsoever to the CLIENT for any costs or damages as a result of such suspension caused by any breach of the Agreement by the CLIENT. Upon
cure of breach or payment in full by the CLIENT within thirty (30) days of the date breach occurred or payment is due, J-U-B shall resume Services
under the Agreement, and the time schedule and compensation shall be equitably adjusted to compensate for the period of suspension, plus any
other reasonable time and expense necessary for J-U-B to resume performance. If the CLIENT fails to make payment as provided herein and
cure any other breach of this Agreement within thirty (30) days after suspension of Services, such failure shall constitute a material breach of
this Agreement and shall be cause for termination of this Agreement by J-U-B.
CLIENT shall promptly review J-U-B’s invoices and shall notify J-U-B in writing of any dispute with said invoice, or portion thereof, within thirty
(30) days of receipt. Failure to provide notice to J-U-B of any dispute as required herein shall constitute a waiver of any such dispute. CLIENT shall
pay all undisputed portions of such invoice as required by this Agreement. Client shall not withhold any payment or portion thereof as an offset to any
current or prospective claim.
TERMINATION
The obligation to provide further Services under the Agreement may be terminated by either party upon thirty (30) days’ written notice. If this
Agreement is terminated by either party, J-U-B will be paid for Services
and Additional Services rendered and for expenses incurred. In addition
to any other remedies at law or equity, if the Agreement is terminated by
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Page 4 of 4
the CLIENT for reasons other than J-U-B’s material breach of this
Agreement, or is terminated by J-U-B for CLIENT’s material breach of this
Agreement, J-U-B shall be paid a termination fee which shall include: the
cost and expense J-U-B incurs in withdrawing its labor and resources from
the Project, the costs and expense incurred by J-U-B to obtain and engage
in a new Project with the labor and resources withdrawn from the Project,
and the lost profit on the remainder of the work.
RISK ALLOCATION
In recognition and equitable allocation of relative risks and benefits of
the Project, CLIENT limits the total aggregate liability of J-U-B and its
employees and consultants, whether in tort or in contract, for any cause of
action, as follows: 1) for insured liabilities, to the amount of insurance then
available to fund any settlement , award, or verdict, or 2) if no such
insurance coverage is held or available with respect to the cause of action,
twenty five thousand dollars ($25,000.00) or one hundred percent (100%)
of the fee paid to J-U-B under this Agreement, whichever is less. J-U-B
carries professional liability insurance and will provide a certificate of
insurance at the request of the CLIENT. For purposes of this section,
attorney fees, expert fees and other costs incurred by J-U-B, its
employees, consultants, insurance carriers in the defense of such claim
shall be included in calculating the total aggregate liability.
The CLIENT agrees that J-U-B is not responsible for damages arising
directly or indirectly from any delays for causes beyond J-U-B’s control. For purposes of this Agreement, such causes include, but are not limited
to, strikes or other labor disputes; emergencies or acts of God; failure of
any government agency or other third party to act in a timely manner;
failure of performance by the CLIENT or the CLIENT’s contractors or
consultants; or discovery of any hazardous substance or differing site
conditions. In addition, if the delays resulting from any such causes increase the cost or time required by J-U-B to perform its Services in an
orderly and efficient manner, J-U-B shall be entitled to an equitable
adjustment in schedule and compensation.
Notwithstanding any other provision contained within this Agreement,
nothing shall be construed so as to void, vitiate, or adversely affect any
insurance coverage held by either party to this Agreement. The CLIENT further agrees that, to the fullest extent permitted by law, no shareholder,
officer, director, or employee of J-U-B shall have personal liability under
this Agreement, or for any matter in connection with the professional
services provided in connection with the Project.
Neither CLIENT nor J-U-B shall be responsible for incidental, indirect,
or consequential damages.
HAZARDOUS WASTE, ASBESTOS, AND TOXIC MATERIALS
The CLIENT agrees, notwithstanding any other provision of this
Agreement, to the fullest extent permitted by law, to indemnify and hold
harmless J-U-B, its officers, employees, successors, partners, heirs and
assigns (collectively, J-U-B) from and against any and all claims, suits,
demands, liabilities, losses, damages or costs, including reasonable attorneys’ fees and defense costs arising out of or in any way connected
with the detection, presence, handling, removal, abatement, or disposal of
any asbestos or hazardous or toxic substances, products or materials that
exist on, about or adjacent to the Project location, whether liability arises
under breach of contract or warranty, tort, including negligence, strict
liability or statutory liability or any other cause of action, except for the sole negligence or willful misconduct of J-U-B.
RIGHT OF ENTRY
The CLIENT shall provide J-U-B adequate and timely access to all
property reasonably necessary to the performance of J-U-B and its
subconsultant’s services. The CLIENT understands that use of testing or
other equipment may unavoidably cause some damage, the correction of which, or compensation for, is expressly disclaimed by J-U-B. Any such
costs incurred are CLIENT’s sole responsibility.
MEDIATION BEFORE LITIGATION
Any and all disputes arising out of or related to the Agreement, except
for the payment of J-U-B’s fees, shall be submitted to nonbinding
mediation before a mutually-acceptable mediator as a condition precedent to litigation or other binding adjudicative procedure unless the parties
mutually agree otherwise. The CLIENT further agrees to include a similar mediation provision in all agreements with independent contractors,
consultants, subcontractors, subconsultants, suppliers and fabricators on
the Project, thereby providing for mediation as the primary method for
dispute resolution among all the parties involved in the Project. In the event the parties are unable to agree on a mediator, said mediator shall
be appointed by a court of competent jurisdiction or, if not possible, the American Arbitration Association. If a dispute relates to, or is the subject
of a lien arising out of J-U-B’s Services, J-U-B or its subconsultants may
proceed in accordance with applicable law to comply with the lien notice
and filing deadlines prior to submission of the matter by mediation.
LIMITATION PERIODS
For statutes of limitation or repose purposes, any and all CLIENT
claims shall be deemed to have accrued no later than the date of
substantial completion of J-U-B’s Services.
LEGAL FEES
For any action arising out of or relating to this Agreement, the
Services, or the Project, each party shall bear its own attorneys fees and
costs.
SURVIVAL
All express representations, waivers, indemnifications, and limitations
of liability included in this Agreement will survive its completion or
termination for any reason.
EXTENT OF AGREEMENT
In entering into this Agreement, neither party has relied upon any
statement, estimate, forecast, projection, representation, warranty, action,
or agreement of the other party except for those expressly contained in
this Agreement. CLIENT shall include a similar provision in its contracts
with any contractor, subcontractor, or consultant stating that any such
contractor, subcontractor, or consultant is not relying upon any statement,
estimate, forecast, projection, representation, warranty, action, or agreement of J-U-B when entering into its agreement with CLIENT.
This Agreement represents the entire and integrated agreement
between the CLIENT and J-U-B and supersedes all prior negotiations,
representations or agreements, either written or oral. The Agreement may
be amended only by written instrument signed by both CLIENT and J-U-B.
In the event any provision herein or portion thereof is invalid or unenforceable, the remaining provisions shall remain valid and
enforceable. Waiver or a breach of any provision is not a waiver of a
subsequent breach of the same of any other provision.
SUCCESSORS AND ASSIGNS
Neither party shall assign, sublet, or transfer any rights or interest
(including, without limitation, moneys that are due or may become due) or claims under this Agreement without the prior, express, written consent of
the other, except to the extent that any assignment, subletting, or transfer
is mandated or restricted by law. Unless specifically stated in any written
consent to an assignment, no assignment will release the assignor from
any obligations under this Agreement.
No third party beneficiary rights are intended or created under this Agreement, nor does this Agreement create any cause of action in favor
of any third party hereto. J-U-B’s Services under this Agreement are being
performed solely for the CLIENT’s benefit, and no other party or entity shall
have any claim against J-U-B because of this Agreement or the
performance or nonperformance of Services hereunder. In the event of
such third party claim, CLIENT agrees to indemnify and hold J-U-B harmless from the same. The CLIENT agrees to require a similar provision
in all contracts with contractors, subcontractors, consultants, vendors and
other entities involved in the Project to carry out the intent of this provision
to make express to third parties that they are not third party beneficiaries.
CONTROLLING LAW, JURISDICTION, AND VENUE
This Agreement shall be interpreted and enforced in and according to the laws of the state in which the Project is primarily located. Venue of
any dispute resolution process arising out of or related to this Agreement shall be in the state in which the Project is primarily located and subject to
the exclusive jurisdiction of said state.
CYBER INSURANCE CLIENT shall maintain and submit proof of Cyber-Liability insurance
coverage with limits no less than $2M to cover claims, damages, or costs resulting from or related to a cybersecurity incident involving CLIENT’s
systems that affects J-U-B including, but not limited to, costs incurred by
J-U-B resulting from said incident. Whether or not covered by CLIENT’s
insurance, CLIENT shall indemnify, defend, and hold J-U-B harmless from any claims, damages, or costs related to any cybersecurity incident.
Ammon City Council September 03, 2026 Page 17 of 27
J-U-B Agreement for Professional Services Attachment 1 – Scope of Services, Schedule, and Basis of Fee (Rev 8/23) Page 1
J-U-B ENGINEERS, Inc.
AGREEMENT FOR PROFESSIONAL SERVICES
Attachment 1 – Scope of Services, Basis of Fee, and Schedule
PROJECT NAME: Capital Improvement Plan (CIP)
CLIENT: City of Ammon
J-U-B PROJECT NUMBER: RP-26-01159
CLIENT PROJECT NUMBER: Click or tap here to enter text.
ATTACHMENT TO:
☒ AGREEMENT DATED: _____________________; or
☐ AUTHORIZATION FOR CONTRACT AMENDMENT #X; DATED: Click or tap to enter a date.
The referenced Agreement for Professional Services executed between J-U-B ENGINEERS, Inc. (J-U-B)
and the CLIENT is amended and supplemented to include the following provisions regarding the Scope of
Services, Basis of Fee, and/or Schedule:
PROJECT UNDERSTANDING
J-U-B’s understanding of this project’s history and CLIENT’s general intent and scope of the project are
described as follows:
The City of Ammon (CLIENT) seeks J-U-B’s professional services to develop a Capital Improvement
Plan (CIP) that integrates CIP’s for the following City infrastructure and services into an overall CIP for
the City to use as planning, budgeting, and public information tool:
• Transportation (current scope includes development of a Transportation Master Plan including
a CIP)
• Scope may be added via contract amendment at a later date to integrate other utilities into the
CIP:
o Potable Water
o Sewer Collection (may be added later when the Facility Plan update is available, which is
being completed by others)
o Pressurized Irrigation (may be added later when a Master Plan with a CIP is available; not
included in this current contract)
SCOPE OF SERVICES BY J-U-B
J-U-B’s Services under this Agreement are limited to the following tasks. Any other items necessary to plan
and implement the project, including but not limited to those specifically listed in PART 3, are the
responsibility of CLIENT.
Task 000: Project Admin
Set up project into J-U-B’s financial and record keeping systems for document retention and
project controls.
Conduct project planning and risk assessment.
Coordinate quality assurance / quality control (QA/QC) processes.
Communicate and coordinate J-U-B team activities with kickoff and progress meetings as
required.
Communicate and coordinate subconsultant activities under J-U-B, if necessary.
Regularly monitor project status, budget and schedule.
During periods of project activity, provide a regular report to CLIENT on project status, budget
and schedule.
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J-U-B Agreement for Professional Services Attachment 1 – Scope of Services, Schedule, and Basis of Fee (Rev 8/23) Page 2
Provide a monthly invoice including budget status.
Provide ongoing document handling and filing.
Task 010: Internal Meetings
Meet with internal J-U-B team members and staff to coordinate on work activities.
Task 020: CLIENT Meetings
Prepare for and lead the following CLIENT meetings:
Assumptions:
Deliverables:
Task 030: Project Closeout
Archive paper and electronic files and records and provide file copies for CLIENT records.
Communicate the project completion to CLIENT and other affected agencies and stakeholders,
as required.
Close financial billing and accounting records in J-U-B’s financial and record-keeping systems.
Task 130: Stakeholder Engagement
Subtask 001: Public Involvement Plan (PIP)
Subtask 002: On-Line Public Input GIS Webmap
Subtask 003: Stakeholder Workshop
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J-U-B Agreement for Professional Services Attachment 1 – Scope of Services, Schedule, and Basis of Fee (Rev 8/23) Page 3
Subtask 004: Stakeholder Engagement Report
Assumptions:
Deliverables:
Task 200: Transportation Plan Development
This task develops a transportation plan that evaluates existing and future transportation needs,
prioritizes improvement projects, and establishes an implementation strategy for future transportation
investments.
Subtask 001: Transportation Foundations
Subtask 002: Transportation Inventory
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J-U-B Agreement for Professional Services Attachment 1 – Scope of Services, Schedule, and Basis of Fee (Rev 8/23) Page 4
(a) Existing and future land use
(b) Existing transportation network
(c) Jurisdictional boundaries
(d) Traffic control devices
(e) Existing and concept transit services
(f) Existing freight routes and all-weather roads
Subtask 003: Transportation Evaluation
Subtask 004: Transportation Planning
(a) Using SYNCHRO traffic capacity analysis, develop conceptual transportation
improvements to address vehicular capacity needs and operational deficiencies
identified through traffic analysis while considering corresponding system
performance criteria.
(b) Coordinate with City staff to identify known transportation improvement needs not
identified in the capacity analysis.
(c) Coordinate with City staff to align or identify improvement concepts with adjacent
jurisdictions
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J-U-B Agreement for Professional Services Attachment 1 – Scope of Services, Schedule, and Basis of Fee (Rev 8/23) Page 5
Subtask 005: Transportation Capital Improvements
Subtask 006: Transportation Implementation and Financing Plan
(a) Transportation Impact Fees
(b) Developer frontage improvements and partnerships
(c) Adjacent community partnerships
(d) City capital funding
(e) LHTAC urban grants and other funding programs
(f) BMPO calls for projects
(g) Federal grants and funding opportunities (SS4A, BUILD, schools, earmarks, etc)
Subtask 007: GIS Web Application Deliverable
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J-U-B Agreement for Professional Services Attachment 1 – Scope of Services, Schedule, and Basis of Fee (Rev 8/23) Page 6
Subtask 008: Transportation Plan Deliverables
(a) Planning acknowledgements, background, setting
(b) Goals, policies, performance and evaluation criteria
(c) Public and stakeholder involvement summary
(d) Transportation inventory
(e) Transportation evaluation
(f) Transportation planning
(g) Transportation capital improvements
(h) Transportation implementation and financing plan
Subtask 009: Perspective Planning Involvement
Assumptions:
Deliverables:
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J-U-B Agreement for Professional Services Attachment 1 – Scope of Services, Schedule, and Basis of Fee (Rev 8/23) Page 7
Future tasks may be added via contract amendment at a later date for CIP integration of water,
sewer collection, pressurized irrigation, and sanitation infrastructure.
Task 900: Management Reserve Fund
The Management Reserve Fund establishes a pre-authorized budget for additional tasks that
may be requested by the CLIENT’s Authorized Representative and performed by J-U-B upon
mutual agreement of scope, budget, and schedule.
J-U-B will not exceed the pre-authorized amount without CLIENT approval.
CLIENT-PROVIDED WORK AND ADDITIONAL SERVICES
CLIENT-Provided Work - CLIENT is responsible for completing, or authorizing others to complete,
all tasks not specifically included above in PART 2 that may be required for the project including, but
not limited to:
Provide access to existing data and documents as required
Assign a project manager/point of contact
Facilitate coordination with departments and City leadership
Review deliverables in a timely manner
Provide input on CIP needs and priorities
Financial advisory services. CLIENT agrees that J-U-B is not acting as a financial advisor to the
CLIENT and does not owe CLIENT or any third party a fiduciary duty pursuant to Section 15B of
the Exchange Act with respect to J-U-B’s professional Services. J-U-B will not give advice or
make specific recommendations regarding municipal securities or investments and is therefore
exempt from registration with the SEC under the municipal advisors rule. CLIENT agrees to retain
a registered financial municipal advisor as appropriate for Project financing and implementation.
Additional Services - CLIENT reserves the right to add future tasks for subsequent phases or
related work to the scope of services upon mutual agreement of scope, additional fees, and schedule.
These future tasks, to be added by amendment at a later date as Additional Services, may include:
Additional CIP integrations
Asset management software integration
Engineering and professional services for project implementation
Environmental assessments
Funding applications
BASIS OF FEE AND SCHEDULE OF SERVICES
BASIS OF FEES: CLIENT shall pay J-U-B for the identified Services in PART 2 as follows:
For Lump Sum fees:
The portion of the Lump Sum amount billed for J-U-B’s services will be based upon J-U-B’s
estimate of the percentage of the total services actually completed during the billing period.
For Time and Materials fees:
For all services performed on the project, Client shall pay J-U-B an amount equal to the
cumulative hours charged to the Project by each class of J-U-B’s personnel times J-U-B's
standard billing rates.
Client shall pay J-U-B for J-U-B’s Consultants’ charges times a multiplier of 1.1.
J-U-B may alter the distribution of compensation between individual tasks to be consistent with
services actually rendered while not exceeding the total project amount.
The following table summarizes the fees for the services identified in PART 2. The fees will be
billed on a lump sum basis.
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J-U-B Agreement for Professional Services Attachment 1 – Scope of Services, Schedule, and Basis of Fee (Rev 8/23) Page 8
SCHEDULE OF SERVICES:
The anticipated schedule of services for key milestones is as follows:
If the planned period of service for the Tasks identified above extend more than one year, J-U-B’s
billing rates and/or fees for remaining Tasks may be increased to account for direct labor cost,
rate table adjustments, or other inflationary increases. If that occurs, an adjustment to the billing
rates and/or Fee will be computed based on remaining scope amount times the specific rate
increase.
If the Project has stop/start iterations, the compensation amount for J-U-B's services may be
appropriately adjusted to account for salary adjustments, extended duration of project
management and administrative services, and/or costs related to stop/start cycles including
necessary monitoring and communication efforts during inactive periods.
CLIENT acknowledges that J-U-B’s schedule commitments outlined in Part 4 are subject to the
standard of care and J-U-B will not be responsible for delays beyond our direct control.
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J-U-B Agreement for Professional Services Attachment 1 – Scope of Services, Schedule, and Basis of Fee (Rev 8/23) Page 9
Electronic deliverables provided to the CLIENT as part of the work described within this Attachment
are subject to the provisions of J-U-B's “electronic document/data limited license” found at
edocs.jub.com.
Certification Concerning Boycott of Israel. Pursuant to Idaho Code section 67-2346, J-U-B certifies that it is not currently
engaged in, and will not for the duration of the Agreement engage in, a boycott of goods or services from Israel or territories
under its control.
Certification Concerning Government Ownership or Operation. Pursuant to Idaho Code section 67-2359, J-U-B certifies that is
not owned or operated by the government of China and will not for the duration of this contract.
Exhibit(s):
• n/a
For internal J-U-B use only:
PROJECT LOCATION (STATE): Idaho
TYPE OF WORK: City
R&D: Yes
GROUP: Planning
PROJECT DESCRIPTION(S):
1. Traffic/Transportation (T03)
2. Planning (P05)
Ammon City Council September 03, 2026 Page 26 of 27
J-U-B Agreement for Professional Services Attachment 2 – Special Provisions (REV 1/09) Page 2-1
J-U-B ENGINEERS, Inc.
AGREEMENT FOR PROFESSIONAL SERVICES
Attachment 2 – Special Provisions
The TERMS AND CONDITIONS of the Agreement for Professional Services are amended to include the following Special
Provisions:
For the purposes of this attachment, ‘Agreement for Professional Services’ and ‘the Agreement’ shall refer to the document
entitled ‘Agreement for Professional Services,’ executed between J-U-B and CLIENT to which this exhibit and any other exhibits
have been attached.
SPECIAL PROVISIONS
TIMES OF PAYMENTS
Replace the last sentence of the first paragraph in this section with the following:
"All invoices shall be paid by the City within sixty (60) days of receipt of proper invoice. Uncontested invoices paid after
sixty days may be subject to a 1.5% per month late charge applied to the outstanding balance, including late charges."
TERM OF AGREEMENT
Add this section and the following paragraph:
"This Agreement shall commence as of the effective date specified in this Agreement and shall remain in effect for one
(1) year unless terminated by either party as set forth in this Agreement. This agreement will automatically be extended
under the same terms and conditions herein provided, for an additional period of one (1) year, unless terminated by
either party as set forth in this Agreement."
RISK ALLOCATION
Add the following sentence at the beginning of this section:
"J-U-B agrees to indemnify and hold harmless the City and its officers, agents, employees and City Council from and
against all claims, losses, actions, or judgments for damages or injury to persons or property to the extent arising out of
or resulting from the negligent performances or activities of J-U-B, J-U-B's agents, employees, or representatives under
this Agreement. J-U-B shall reimburse City for the costs of defending such a claim in proportion to J-U-B's proven
negligence."
Replace the sentence following "2)" and the next sentence in this section with the following:
"J-U-B agrees to obtain and keep in force during its acts under this Agreement a professional liability insurance policy
with coverage limits equal to a minimum of $1,000,000.00 per occurrence. Certificate of proof of insurance will be
provided to the City. J-U-B shall provide proof of coverage as set forth above to the City before commencing its
performance as herein provided and shall require insured to notify the City ten (10) days prior to cancellation of said
policy."
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