City Council
Regular MeetingIdaho Falls, ID · December 7, 2020
Minutes
December 7, 2020 Work Session
The City Council of the City of Idaho Falls met in Council Work Session, Monday, December 7, 2020, in the Council
Chambers in the City Annex Building located at 680 Park Avenue in Idaho Falls, Idaho at 3:00 p.m.
Call to Order and Roll Call:
There were present:
Mayor Rebecca L. Noah Casper
Council President Michelle Ziel-Dingman (via WebEx until 6:40 p.m.)
Councilor Jim Freeman (via WebEx)
Councilor Jim Francis
Councilor Shelly Smede (via WebEx)
Councilor John Radford (via WebEx at 3:14 p.m.)
Absent:
Councilor Thomas Hally
Also present:
Brad Cramer, Community Development Services Director
Lisa Farris, Grants Administrator
Reggie Fuller, Building Official
Duane Nelson, Fire Chief
Eric Day, Deputy Division Chief/Paramedic
Bryce Johnson, Police Chief
Bill Squires, Police Captain
Jeremy Galbreaith, Police Captain (via WebEx)
Chris Fredericksen, Public Works Director
Chris Canfield, Assistant Public Works Director
PJ Holm, Parks and Recreation Director
Chris Horsley, Recreation Superintendent
Roberto Abreo, Recreation Supervisor
Pamela Alexander, Municipal Services Director
Michael Kirkham, Assistant City Attorney
Kathy Hampton, City Clerk
Mayor Casper called the meeting to order at 3:09 p.m. with the following items:
Calendars, Announcements and Reports:
Mayor Casper noted this is the final Council Work Session of 2020.
December 10, City Council Meeting
December 11, Strategic Planning
December 16, Utah Associated Municipal Power Systems (UAMPS) Virtual Events; and City holiday employee gift
drawing
December 17, Special City Council Meeting
December 25 and January 1, City offices closed
January 11, State of the State; and Council Work Session
January 14, City Council Meeting
December 8, President Donald Trump operation warp-speed vaccine summit
Mayor Casper noted the December 10 Idaho Falls Power Board and the December 16 Bonneville Metropolitan
Planning Organization (BMPO) meetings have been cancelled.
Acceptance and/or Receipt of Minutes:
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December 7, 2020 Work Session
It was moved by Councilor Francis, seconded by Councilor Smede, that Council receive the recommendations from
the Planning and Zoning Commission Meeting of December 1, 2020, pursuant to the Local Land Use Planning Act
(LLUPA). Roll call as follows: Aye – Councilors Smede, Dingman, Freeman, Francis. Nay – none. Motion carried.
Coronavirus (COVID-19) Update:
Mayor Casper explained the mask protocol during meetings with the Council. She stated the State is currently waiting
for information regarding distribution and costs for the vaccine, including information regarding first responders. She
also stated predictions made and discussed months ago are only increasing, the number of cases is not letting up.
There are approximately 200,000 cases nation-wide on a daily basis and additional measures are being taken in some
parts of some states. Mayor Casper stated Idaho is looking at a capacity issue for pandemic-portion care. She noted
the National Guard has been deployed in Boise to assist with triage care in parking lots. She also stated performance
levels of learning studies have been released regarding school kids (this can be difficult for several students) and the
majority of businesses have not been called upon to close (although small businesses have taken the brunt of the
pandemic economically). Mayor Casper believes there needs to be voluntary compliance. She confirmed the City has
not passed a mask mandate, only discussions have occurred. She stated, per the recently approved Resolution 2020-
29, the City has instituted a special event phone line. She also stated some event issues have been solved following
dialogue with Mason Handke, Special Event Coordinator.
Liaison Reports and Council Concerns:
Council President Dingman had no department items to report. She noted, as she was recently in brief quarantine
pending COVID test results, doctors have indicated only half of patients present a fever as a COVID symptom,
individuals need to be aware of other symptoms as the other symptoms are more common.
Councilor Smede had no department items to report. She stated, per Mayor Casper’s student comments, students will
wear masks when asked to in the classroom but are a little more relaxed elsewhere. She noted a small number of
students at Compass Academy have tested positive for COVID although she is not aware of students contracting
COVID at school. She stated the hybrid schedule is challenging as students are more attentive in person. She also
stated the COVID spread among students is not as problematic as anticipated. Mayor Casper indicated there have
been approximately 40 COVID cases district-wide.
Councilor Freeman noted patients in the hospitals can be very labor intensive as some patients are in the hospital for
months.
Councilor Radford had no items to report.
Councilor Francis reminded all individuals there is a COVID hotline on the City’s website for receiving information
and support. He also stated the Idaho Falls Police Department (IFPD) recently presented elements of policing at
Friends for Learning; the Police Chaplaincy Program is being modified for future Council approval; and the IFPD
has and is continuing to perform outreach with the Latino community.
Brief comments followed regarding Legislative discussion.
Overview – Community Development Block Grant (CDBG) Coronavirus Aid, Relief, and Economic Security
(CARES) Act (CV-1) Funding Request Overview:
Director Cramer stated two (2) public hearings will occur at the December 10 Council Meeting for CDBG regarding
CARES Act funding. He commended Ms. Farris’ effort with this project. Ms. Farris stated there was leftover funding
from the first round of COVID CV-1, 10% of this funding can be used without a substantial amendment. This amount
totals $25,007.20. She briefly reviewed recommended funding and activities/projects for this balance: Community
Food Basket in the amount of $4,500.00; Behavioral Health Center in the amount of $12,905.99; and Idaho Legal
Aid in the amount of $7,601.21. Ms. Farris noted funds were separated to meet the needs to distribute this funding
immediately. A resolution for this funding will be included on the December 17 Council Meeting agenda. Per Mayor
Casper, Ms. Farris clarified CV-1 was the first round of funding, CV-2 was reserved to the States, and CV-3 (in the
amount of $257,585) will be reviewed at the December 10 public hearing.
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December 7, 2020 Work Session
Update - Building Code:
Director Cramer stated updates to the Building Code only occurs once every three (3) years by the State. These
updates are required for all jurisdictions within the State, although local jurisdictions can make some amendments.
Mr. Fuller reiterated State adoptions from IDAPA (Idaho Administrative Code) are required by the Idaho Building
Code Board with geography and design criteria localized for snow load, frost depth, etc. He stated, per the Building
Code Board, all Residential, Building, and Energy codes will now be on the 2018 level with exceptions of
amendments on the State level. He noted cities cannot be less restrictive than the State. Per Councilor Francis, Mr.
Fuller explained the Board of Appeals versus the Board of Adjustment. He indicated a memo will be forthcoming for
Board of Appeal members and appointees. Also per Councilor Francis, Mr. Fuller stated and explained a variety of
permits and exemptions. Mayor Casper stated dialogue occurs on a quarterly basis with the City of Idaho Falls, the
City of Ammon, and local homebuilders. She does not believe the local homebuilders are upset with these codes. She
believes the codes are well-balanced with the industry need and regulation. Mr. Fuller concurred. This item will be
included on the December 10 Council Meeting agenda.
Update – Multi-unit Attached Housing Code:
Director Cramer reminded the Council a code change addressing single-family attached dwellings and residential
parking issues was presented in August, 2020. However, these changes were tabled due to a simultaneous submission
of a report regarding single-housing from Opticos Design. Director Cramer stated staff continues to work on housing
changes and standards. He also stated the same code issue that defined single-family attached specified that it’s only
two (2) units. This created a problem with all four-plex townhomes that are on individual lots as they would
technically not be legal. Director Cramer indicated this change is required immediately, although it is a stop-
gap/temporary measure. He stated this change only affects those zones that allow multi-family. This will be defined
as multi-family attached units on their own individual lots that can be sold. Director Cramer stated the land use table
will also be adjusted. He noted this is only in high-density zones. This item will be included on the December 10
Council Meeting agenda.
Discussion – Purchase and Funding of Cardiac Monitor/Defibrillators:
Chief Nelson presented a cardiac monitor/defibrillator machine. He stated there are currently nine (9) monitors that
are reaching end of life. He also stated discussion with the Emergency Medical Services (EMS) District and the
County Commissioners began last spring regarding the $450,000 for replacement of the monitors, realizing this would
become a capital expense over the course of several years. Chief Nelson stated they were then approached by Striker
for trade-in of the newest version with a reduction of cost to $216,000. Discussion then occurred with the County
Commissions regarding contingency funding. The County would cost share $116,825. The City cost of $100,000 will
be cost-neutral for the Ambulance Fund from reimbursement from the Wildland revenue. Chief Nelson stated this
item was not budgeted, therefore the Fire Department is requesting a contingency purchase approval. Mayor Casper
noted this item is not using CARES Act money. Councilor Freeman noted these devices are replaced on a regular
basis. Mayor Casper noted these devices will be included in the Municipal Equipment Replacement Fund (MERF).
Chief Day explained the multiple uses of the machine. He noted there is significant training required for this machine.
Mayor Casper stated this item will be included on the December 10 Council Meeting agenda.
Background Briefing – Armored Police Vehicles:
Chief Johnson stated the IFPD is looking for Council direction as opportunities become available for surplused
armored vehicles. He reviewed the history of the militarization of the police including ‘the riot act’ (an act of
parliament to restore/maintain order) and the 15 principles/foundations of police (one (1) of these foundations
addresses ‘blue’, which distinguishes policing from the ‘red’ military). Chief Johnson stated police armored vehicles
would protect officers as responding to scenes, while they negotiate, and during interaction with violent suspects.
Police armored vehicles are also used to evacuate and rescue officers and civilians who are in harm’s way, prevent
the need for deadly force; and protect suspects. Chief Johnson stated this is very much a Police tool and is very
defense in nature. Captain Squires stated the IFPD currently shares a Bearcat with the Bonneville County Sheriff’s
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December 7, 2020 Work Session
Office (BCSO). He noted this armored protection may be needed for multiple simultaneous incidents. He also noted
the IFPD obtained a Humvee from the Department of Defense several years ago although the maximum occupancy
of the Humvee is four (4) individuals and it is not very effective for a quick exit of officers. Captain Squires stated
the IFPD is looking at two (2) different options. He then presented the following:
Mine Resistant Ambush Protection (MRAP), a military surplus vehicle –
Designed for Improvised Explosive Device (IED) protection – v-hull; around 30,000 were made by six (6) different
manufacturers; both 4X4 and 6X6 configurations (Caiman); equipped for at least 15 different military missions; 12’
high and 9’ side with 46.5” tall tires; and Gross Vehicle Weight (GVW) of 36,000 to 48,000 pounds.
Bearcat (Humvee) - Lenco Manufacturing, most common civilian-manufactured armored vehicle –
Used by hundreds of Police and Sheriff’s departments nationwide; based on a Ford F-550 chassis and drivetrain; 8’
tall and 92” wide; GVW is 16,000; and options that wouldn’t be available on the MRAP (gas, breaching, etc).
Captain Squires presented several photos of the MRAP and the Bearcat.
MRAP Pros – free, heavily armored, very capable; and Cons – very large, expensive to uplift, maintenance, and built
for a different purpose.
Bearcat Pros – easy to maintain, warranty and manufacturer support, size and maneuverability, built to suit with lots
of options, trained operators already; and Cons – purchase cost.
Chief Johnson stated an MRAP, although not designed for civilian law enforcement, could be obtained from surplus
and would most likely already be upfitted. The MRAP would not fit all IFPD needs and it would not fit in all City
streets, although it would be adapted as necessary. Chief Johnson stated the Bearcat, designed for civilian law
enforcement, would fit on City streets, it is more useful, and it would be designed for the IFPD needs although
upfitting would be required. He also stated there are options for grants, he would not anticipate utilizing General Fund
money. Per Mayor Casper, Chief Johnson stated neither vehicle would be equipped with weapons. Captain Squires
indicated specific radios would need to be equipped, he believes all other equipment is included. Per Councilor
Francis, Captain Squires stated the Bearcat would have the ability to carry injured individuals. Councilor Francis
indicated he is leaning toward a Bearcat as the practical vehicle. He expressed his concern about militarization and
believes image is important for response. He also believes it’s better to wait for the right equipment than to rush.
Councilor Freeman agrees, he believes the Bearcat is the practical tool for the job. Chief Johnson stated a Bearcat
would cost approximately $300,000-$400,000, including upfit. He also stated the IFPD would apply for a current
grant. He noted the IFPD is currently on the list for an MRAP, although the IFPD preference is for a Bearcat. Chief
Johnson reiterated he does not intend to request/anticipate General Fund money. He noted this would be a City asset
although the IFPD would work collaboratively with the BSCO. Mayor Casper believes the IFPD should pursue the
grant funding.
Briefing – Design Contract - Law Enforcement Complex:
Mayor Casper stated the City is using City expertise for the Law Enforcement Complex (LEC) process. Director
Fredericksen reiterated several departments have been working on this item and coordination with these departments
will continue. He stated Mr. Canfield will be the project manager with assistance from Captain Galbreaith and Mr.
Fuller. Director Fredericksen briefly reviewed the contract stating the design period would be 11-12 months, followed
by 2-3 months of releasing/receiving bids, estimated construction of approximately 14 months, and post inspection
of 11 months. He also stated there is generally a one-year warranty cycle, and the architect will review the building
after 11 months prior to expiration of the warranty for any follow-up work. The maximum cost is approximately
$2.5M with potential add-on items. Per a previous question received, Director Fredericksen stated a Leadership in
Energy and Environmental Design (LEED) certification was not anticipated. There would be an additional cost of
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December 7, 2020 Work Session
approximately $26,000 if the City chose to pursue this certification. The LEED costs would increase the project 4-
10% as there are different levels of LEEDs (an additional $1.2M would be added for a 4% LEED). Director
Fredericksen briefly reviewed building commission work. General discussion followed regarding the Required
Additional Services (these are services provided by sub-contractors and are already included in the cost), Optional
Additional Services (will be explored at a later date pending funding), and the Architects Design Group (Director
Fredericksen stated this contractor was unanimously chosen by the committee). This item will be included on the
December 10 Council Meeting agenda.
Introduction - John Wagner, Idaho National Laboratory (INL) Director:
Mayor Casper expressed her congratulations to Dr. Wagner. She stated the City takes its responsibility seriously to
the employers of the business community and those citizens who are employed by these employers. She believes the
INL falls into this category. Mayor Casper indicated the City has approximately 680 full-time employees (FTEs) and
numerous part-time employees within the 11 departments. She believes the City of Idaho Falls is unique and is the
most complex City in the State. She also believes the City works very hard to function as a team. Brief introductions
then followed from Council President Dingman, Councilor Freeman, Councilor Smede, Councilor Francis, Airport
Director Rick Cloutier, Director Cramer, Chief Nelson, City Attorney Randy Fife, Director Alexander, Director
Holm, Chief Johnson, Idaho Falls Power Director Bear Prairie, Director Fredericksen, Public Information Officer
Bud Cranor, Economic Development Coordinator Dana Briggs, and Councilor Radford. Mayor Casper noted the
absence of Human Resources Director Ryan Tew and Library Director Robert Wright.
Mayor Casper stated the INL has helped lead the effort of a quarterly nuclear consortium which includes several INL
entities, utility entities, City leaders, legislators, and elected officials. She believes this communication is invaluable
and will be important for future needs. Dr. Wagner shared a personal experience of visiting Idaho prior to his
employment. He expressed his gratitude for the area. He also expressed his appreciation for the relationship of the
INL and the region. He believes this relationship is essential for shared resources, growth, and stability in the
community. He expects continued significant growth although he believes this may cause some challenges. He also
requested open communication when needed. Dr. Wagner stated he is excited for the future. Brief general discussion
followed including work force (technical jobs, communication specialists, etc.), Dr. Wagner believes there will be a
broad spectrum of jobs needed.
Discussion - City Sports and Recreation Facilities:
Mayor Casper believes, due to COVID, the Parks and Recreation (P&R) Department has been the most flexible,
creative, and challenged department, including a reduction in force. Director Holm reiterated a tough and challenging
year for P&R that typically brings individuals together. He commended Mr. Horsley and Mr. Abreo. He stated he is
requesting Council feedback for the safety and protocol in the P&R Department to proceed forward. Mr. Horsley
presented an overview of facilities and programs for the months of June through November. He noted public skate
sessions were cancelled in November as a 10-person maximum was not sufficient for cost recovery, and the Aquatic
Center was closed on Sundays with 10-lap or public times only available with reserved times. Director Holm stated
P&R staff was treated very poorly when trying to stand up to the protocols. He again expressed his appreciation to
the staff. Mr. Horsley reviewed P&R dilemma regarding mandates and orders. He also reviewed extra-curricular
activity provisions for swim teams and the Ice Arena. He stated the confusion included adults versus kids, public
skate, and public swim. He also stated discussion occurred with EIPH regarding operations and social distancing as
the greatest concerns. Per the EIPH December 3, 2020 meeting, it was noted kids are the carriers that carry the disease
back to more vulnerable populations. Director Holm stated staff questioned if P&R is part of the problem or part of
the solution. Per Mayor Casper, Mr. Horsley reviewed the basketball schedule, activities at the Ice Arena, and the
outdoor trails. Director Holm noted the Rec Fund is currently running in the deficit, he anticipates more of a
significant deficit from approximately $140,000 to $300,000. He also noted discussion is occurring how to right-size
this fund although he requested Council direction for the continued deficit. Director Holm stated all these programs
described (by Mr. Horsley) contribute to the Rec Fund. Councilor Smede believes it seems odd to pass expectations
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December 7, 2020 Work Session
to enforce the 10-person limit while continuing to run the recreation activities. Councilor Francis believes the City
will have to accept the financial problem and do what’s necessary for the community health. Discussion followed
regarding hockey activities and tournaments, the outdoor rinks, the Joint Use Agreement with School Districts 91
and 93, and the basketball program. Councilor Freeman stated due to the recent surges of COVID cases, he believes
it’s hypocritical to limit other entities from events and allow the City activities to continue. He emphasized this is
temporary, although he believes the City needs to set the bar, be the example, and limit activities. Councilor Radford
believes, per previous statements, the spread is not happening with children. He also believes the activities should
continue although adults should be limited, there should not be crowds, only essential individuals allowed, and more
decisions can be made following the soon-to-be-released vaccine. Director Holm clarified the City is complying with
the extra-curricular guidelines, he stated the issue is the larger than ten (10) group size and what is considered an
exempt activity. Mayor Casper reviewed the recent number of COVID cases. Additional discussion followed
regarding leagues and closures in other surrounding cities. Mayor Casper emphasized the need for strong leadership.
She stated additional discussion for this item will occur at the December 10 Council Meeting.
There being no further business, the meeting adjourned at 6:45 p.m.
s/ Kathy Hampton s/ Rebecca L. Noah Casper
Kathy Hampton, City Clerk Rebecca L. Noah Casper, Mayor
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Agenda
NOTICE OF PUBLIC MEETING
Monday, December 7, 2020
City Council Chambers
City Clerk’s Office 680 Park Avenue
Idaho Falls, ID 83402
3:00 p.m.
The public is invited to observe City Council Work Sessions. However, to observe appropriate social distancing guidelines, as
recommended by the Centers for Disease Control and Prevention (CDC), the public is encouraged to view this meeting via livestream on
the City’s website at https://www.idahofallsidaho.gov/429/Live-Stream. The agenda does not include an opportunity for public
interaction.
This meeting may be cancelled or recessed to a later time in accordance with law. If you need communication aids or services or other
physical accommodations to participate or access this meeting or program of the City of Idaho Falls, you may contact City Clerk Kathy
Hampton at 612-8414 or the ADA Coordinator Lisa Farris at 612-8323 as soon as possible and they will accommodate your needs.
CITY COUNCIL WORK SESSION
Times listed in parentheses are only estimates.
Call to Order and Roll Call
Mayor: -Acceptance and/or Receipt of Minutes
Action Desired: To receive recommendations from the
Planning and Zoning Commission
-Calendars, Announcements and Reports (10)
-Coronavirus (COVID-19) Update (5)
Council: -Liaison Reports and Councilmember Concerns (10)
Community Development Services: -Overview - Community Development Block Grant (CDBG)
Coronavirus Aid, Relief, and Economic Security (CARES) Act
(CV-1) Funding Request Overview (15)
-Update - Building Code (10)
-Update - Multi-unit Attached Housing Code (10)
Fire Department: -Discussion - Purchase and Funding of Cardiac Monitor/
Defibrillators (15)
Police Department: -Background Briefing - Armored Police Vehicles (35)
Public Works: -Briefing - Design Contract – Law Enforcement Complex (15)
Mayor: -Introduction - John Wagner, Idaho National Laboratory (INL)
Director (20)
Parks and Recreation: -Discussion - City Sports and Recreation Facilities (20)
Announcements and Adjournment
DATED this 4th day of December, 2020
____________________________________
Kathy Hampton
City Clerk
P. O. Box 50220 - 308 Constitution Way - Idaho Falls, Idaho 83405 - (208) 612-8415 - Internet Homepage Address: www.idahofallsidaho.gov
Honorable Mayor and Council
Brad Cramer, Community Development Services Director
December 2, 2020
December 1, 2020, Planning Commission Action
Planning Commission took the following action during the December 1, 2020 meeting.
1. RZON20-019: REZONE. Rezone from R1, Single Dwelling Residential with a PT,
Planned Transition Overlay to TN, Traditional Neighborhood for 0.86 acres, Lots 37-
47, and lot 48 less 85.84 square feet, Block 11, Highland Park Addition. Near Freeman
Park, generally south of Science Center Dr., west of Elmore Ave., north of Presto St., east of
Fremont Ave. On December 1, 2020 the Planning and Zoning Commission recommended to
the Mayor and City Council approval of the rezone as presented.
2. RZON20-021: REZONE. Rezone from PB, Professional Business to R2, Mixed
Residential for 0.56 acres, Lots18-23, and lot 24 less NE 85.84 square feet, Block 22,
Highland Park Addition and the adjacent alley along the west side of the property.
Near Freeman Park, generally south of Presto St., west of Latah Ave., north of Higham St.,
east of the Snake River. On December 1, 2020 the Planning and Zoning Commission
recommended to the Mayor and City Council approval of the rezone as presented.
3. RZON20-020: REZONE. Rezone from HC, Highway Commercial to CC, Central
Commercial for approximately 3.3 acres in the SE 1/4 of the SW 1/4 of Section 24,
Township 2N, Range 37E. Above the Porter Canal, south of S Utah Ave., east of Pancheri
Dr., north of Pier View Dr., west of Snake River Parkway. On December 1, 2020 the
Planning and Zoning Commission recommended to the Mayor and City Council approval of
the rezone as presented.
RECOMMENDED COUNCIL ACTION: To receive recommendation(s) from the Planning and Zoning
Commission pursuant to the Local Land Use Planning Act (LLUPA).
Community Development Services -
CDBG CARES Act (CV-1) Funding
Request Overview
Request for Approval of Recommended CV1 CDBG Activities
$250,072 Original CV1 CDBG allocation
$130,296.0 Amount Allocated to date
$94,768.8 *Balance subject to substantial amendment process
$25,007.2 Balance not subject to substantial amendment process
$153,303.2 New total amount allocated to date (upon Council/Mayor approval)
*Substantial Amendment triggered when changes in funding are 10% or more than annual block
grant allocation to any City Council approved activity.
CV1-CDBG block grant allocation (10% of $250,072 = $25,007.2)
Change of $25,007.2. or less does not trigger a substantial amendment or a public hearing.
$25,007.2 Request for CV1 CDBG Activities
Fund allowable activities that address an increase in need and do not trigger a substantial
amendment or a public hearing:
1. Community Food Basket Idaho Falls - Additional $4500.00 to cover equipment cost
increase from original bid/estimate.
2. Behavioral Health Crisis Center of Eastern Idaho - $12,905.99 to assist with
equipment, PPE, and air purifiers for facility to maintain safe practices/social distancing.
3. Idaho Legal Aid - $7601.21 allocate a portion to legal assistance for victims of domestic
violence due to COVID 19. Annual 2020 CDBG allocation covered April-Aug and cases
have increased. Allows for some assistance until CV3-CDBG funds may be considered.
Process to approve above activities:
12-7-20 Council Work Session - Provide recommended list of activities to approve;
Allow 5-day public comment and publish Council approved activities;
12-17-20 Council Meeting for Resolution;
12-18-20 Notify HUD of Council/Mayor approved activities.
CV CDBG Criteria and Selection
Activity/Project has to assist, address, or prevent COVID 19 and infectious diseases.
Reimbursement allowed back to March 2020 if costs were due to COVID 19.
Does not lift requirement applicable to Fair Housing, Non-Discriminations, Labor, and Environment.
City has till Sept 30, 2022 to address COVID 19 needs.
Guidance and webinar training provided by HUD to assist Grantees with new funding and criteria.
One that stood out was presented by Nan Roman, President and CEO of National Alliance to End
Homelessness, Wash D.C. Webinar was about using COVID 19 funds to end homelessness
“Because business as usual” doesn’t work in a COVID 19 environment, Roman suggests the following:
Unsheltered doesn’t work with COVID 19 because they can’t shelter in place or have the means
for resources to use safe practices (handwashing, hand sanitizers, masks)
Spend funds where needed the most
Spend wisely and address the most vulnerable first (aging, homeless, and disabled)
Establish strong partnerships with non-housing orgs and agencies.
Plan for Post Pandemic Period: Unemployment, housing needs increase due to not being able to make
rent or house payments. Address the need not the entity
CV1-CDBG Projects/Activities-Portion of Balance Recommended for Funding
Applicant Activity/Project Beneficiaries Amount Meets CV CDBG Covered with other funding
Low and Moderate Requested Criteria Y/N source?
Income (LMI)
Census Tracts:
9707, 9711, 9712
Community Increase in cost of bid/estimate. Nonprofit agency $4500.00 Yes, agency assists the Agency depends on
Food Basket Original $16,000 allocation for providing monthly community with meals and fundraising and donations
Idaho commercial gas stove, standing meals to over 1200 food distribution. Demand has with some access to grants.
Falls/Idaho Falls commercial dishwasher, (6) 8 ft. families and seen a significant increase due Sudden increase of needs and
Soup Kitchen plastic sorting tables, and a 17 ft. individuals with food to COVID 19 epidemic during capacity to continue serving
Ariel Jackson, utility dump trailer. insecurities. the stay home order. the community requires
ED financial assistance.
Behavioral Assist with cost to maintain a Non-profit agency $12,905.99 Yes, agency assists the Agency depends on
Health Center sanitized facility with PPE, providing temporary community with specific fundraising and donations
of Eastern equipment, and air purifiers. facility and health crisis needs at their with some access to grants.
Idaho Assistance will help facility assessments for facility. Facility has assisted Needs increased suddenly and
Elizabeth Yanez, maintain safe practices and social homeless individuals over 800 clients between April capacity to continue serving
BHCC Director distancing due to an increase in caused by drug or and July of this year during the community requires
facility needs as a result of the alcohol addiction or a COVID 19 pandemic and stay financial assistance with
COVID 19 pandemic. mental health crisis. home order. needed equipment.
Idaho Legal Aid Legal assistance to victims of Nonprofit agency $7601.21 Yes, agency assists LMI Agency depends on
Jake Workman, domestic violence experiencing providing legal community with legal fundraising and limited access
ED an increase in services due to the assistance to LMI assistance such as protection to grants. Financial assistance
COVID 19 pandemic. Amount is a individuals. orders and custody cases due is needed to meet an increase
portion of request. Balance to the COVID 19 Pandemic in legal assistance for the LMI
request to be considered with and stay home order. community.
CV3 CDBG applications.
Total Request $25,072
Community Development Services -
Building Code Update
ORDINANCE NO._______
AN ORDINANCE OF THE CITY OF IDAHO FALLS, IDAHO, AMENDING
TITLE 7 TO ADOPT AND AMEND THE 2018 EDITIONS OF THE
INTERNATIONAL BUILDING CODE, INTERNATIONAL PROPERTY
MAINTENANCE CODE, INTERNATIONAL FUEL GAS CODE,
INTERNATIONAL RESIDENTIAL CODE, INTERNATIONAL MECHANICAL
CODE, INTERNATIONAL ENERGY CONSERVATION CODE; AND TO
ADOPT AND AMEND THE 2015 EDITION OF THE INTERNATIONAL
EXISTING BUILDING CODE; PROVIDING SEVERABILITY,
CODIFICATION, PUBLICATION BY SUMMARY, AND ESTABLISHING
EFFECTIVE DATE
WHEREAS, various uniform international codes have been adopted by the State that regulate
structures and structural components; and
WHEREAS, such codes are adopted to promote safety by requiring that certain building and
maintenance standards be applied to habitable structures; and
WHEREAS, the State allows municipalities to make certain limited amendments to such codes in
order to accommodate local conditions and concerns as long as such local amendments are
equivalent to or at least as stringent as State Code provisions; and
WHEREAS, City staff has reviewed the currently adopted uniform international State Codes, along
with the State’s amendments to such Codes and recommends, by the Ordinance, certain further, local
amendments; and
WHEREAS, City Code amendments contained herein are necessary, are based upon local needs and
desires, conform with the purposes and aims of the relevant State Codes, as amended, and are
equivalent or at least as stringent as their companion State Codes; and
WHEREAS, the adoption of these local amendments is in the best interest of the community served
by the City Codes referenced herein.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF
IDAHO FALLS, IDAHO, THAT:
SECTION 1. Title 7, Chapter 1, of the City Code of the City of Idaho Falls, Idaho is hereby
amended as follows:
7-1-1: INTERNATIONAL BUILDING CODE ADOPTED:
(A) International Building Code Adopted: The International Building Code, 20185 Edition,
published by the International Code Council, Inc., is hereby adopted as an official code of
the City, except the portions deleted, modified or amended by the provisions of this Chapter.
(B) Code on File: One (1) copy of the International Building Code, 20185 Edition, shall be retained
by the City Clerk for use and examination by the public.
BUILDING CODE UPDATE Page 1 of 18
SECTION 2. Title 7, Chapter 1, Section 2 of the City Code of the City of Idaho Falls, Idaho is
hereby repealed in its entirety and immediately replaced with the following:
7-1-2: AMENDMENTS TO THE INTERNATIONAL BUILDING CODE:
(A) Delete Section 305.2.3 and replace with the following: 305.2.3 Twelve (12) or fewer children
in a dwelling unit. A facility such as the above within a dwelling unit and having twelve (12) or
fewer children receiving such day care shall be classified as a group R-3 occupancy or shall
comply with the International Residential Code
(B) Delete Section 308.2.4 and replace with the following: 308.2.4 Five (5) or fewer persons
receiving custodial care. A facility with five (5) or fewer persons receiving custodial care shall be
classified as a group R03 occupancy or shall comply with the International Residential Code.
(C) Delete Section 308.3.2 and replace with the following: 308.3.2 Five (5) or fewer persons
receiving medical care. A facility with five (5) or fewer persons receiving medical care shall be
classified as a Group R-3 occupancy.
(D) Delete Section 308.5.4 and replace with the following: 308.5.4 Persons receiving care in a
dwelling unit. A facility such as the above within a dwelling unit and having twelve (12) or fewer
children receiving day care or having five (5) or fewer persons receiving custodial care shall be
classified as a Group R-3 occupancy or shall comply with the International Residential Code.
(E) Delete Section 310.4 and replace with the following: 310.4 and replace with the following:
310.4 Residential Group R-3, Residential Group R-3 Occupancies where the occupants are
primarily permanent in nature and not classified as Group R-1, R-2, R-4, E or I, including
1. Buildings that do not contain more than two (2) dwellings units.
2. Care facilities that provide accommodations for five (5) or fewer persons receiving
personal care, custodial care or medical care.
3. Congregate living facilities (nontransient) with sixteen (16) or fewer occupants, including
boarding houses (nontransient) convents, dormitories, fraternities and sororities, and monasteries.
4. Congregate living facilities (transient) with ten (10) or fewer occupants, including
boarding houses (transient).
5. Dwelling units providing day care for twelve (12) or fewer children.
6. Lodging houses (transient) with five (5) or fewer guest rooms and ten (10) or fewer
occupants.
(F) Delete Section 210.4.1 and replace with the following: 310.4.1 Care facilities within a dwelling.
Care facilities for twelve (12) or fewer children receiving day care for five (5) or fewer persons
receiving personal care or custodial care that are within a one- or two-family dwelling are
permitted to comply with the International Residential Code.
(G) Delete footnote e under Table 2902.1 Minimum Number of Requuired Plumbing Fixtures and
replace with the following: e For business occupancies excluding restaraunts and mercantile
occupancies with an occupant load of thirty (30) or fewer, service sinks shall not be required.
BUILDING CODE UPDATE Page 2 of 18
(H) Delete footnote “f” from Table 2902.1 Minimum Number of Required Plumbing Fixtures, add
footnote “f” in header row of the column in Table 2902.1 labeled “Drinking Fountains,” and delete
footnote “f” under Table 2902.1 and replace with the following: “f” Drinking fountains are not
required for an occupant load of thirty (30) or fewer.
(I) Delete Section 3113.1 and replace with the following: 3113.1 General. The provisions of this
Section shall apply to relocatable buildings. Relocatable buildings manufactured after the effective
date of this code shall comply with the applicable provisions of this code; title 39, chapter 43,
Idaho Code; and IDAPA 24.39.31. Exception: This section shall not apply to manufactured
housing used as dwellings.
SECTION 3. Title 7, Chapter 2, of the City Code of the City of Idaho Falls, Idaho is hereby
amended as follows:
7-2-1 INTERNATIONAL PROPERTY MAINTENANCE CODE ADOPTED
A. International Property Maintenance Code Adopted: The International Property Maintenance
Code, 20185 Edition, published by the International Code Council, Inc., is hereby adopted as an
official code of the city, except the portions deleted, modified or amended by the provisions of
this Chapter.
B. Code on File: One (1) copy of the International Property Maintenance Code, 20185 Edition,
duly certified by the Clerk, shall be retained by the City Clerk for use and examination by the
public.
SECTION 4. Title 7, Chapter 4, of the City Code of the City of Idaho Falls, Idaho is hereby
amended as follows:
7-4-1 INTERNATIONAL FUEL GAS CODE ADOPTED
A. International Fuel Gas Code Adopted: The International Fuel Code, 20185 Edition, published
by the International Code Council, Inc., is hereby adopted as an official code of the city, except
the portions deleted, modified or amended by the provisions of this Chapter.
B. Code on File: One (1) copy of the International Fuel Gas Code, 20185 Edition, shall be retained
by the City Clerk for use and examination by the public.
7-4-2: AMENDMENTS TO THE INTERNATIONAL FUEL GAS CODE:
(A) Section 103.2 of the International Fuel Gas Code, 20185 Edition, shall be amended to read as
follows:
103.2Appointment. The code official shall be appointed by the chief appointing authority of the
jurisdiction.
(B) Section 109.1 of the International Fuel Gas Code, 20185 Edition, shall be amended to read as
follows:
BUILDING CODE UPDATE Page 3 of 18
109.1 Application for appeal. A person shall have the right to appeal a decision of the code
official to the board of appeals. An application for appeal shall be based on a claim that the true
intent of this code or the rules legally adopted thereunder, have been incorrectly interpreted. The
application shall be filed on a form obtained from the code official within twenty (20) days after
the notice was served.
SECTION 5. Title 7, Chapter 5, of the City Code of the City of Idaho Falls, Idaho is hereby
amended as follows:
7-5-1 IDAHO STATE PLUMBING CODE ADOPTED:
(A). Plumbing Code Adopted: The Idaho State Plumbing Code, adopted in 201713 pursuant to
Idaho Code Title 54, Chapter 26, is hereby adopted as the official Plumbing Code of the City,
except for those portions that are deleted, modified or amended by the provisions of this Chapter.
7-5-2: AMENDMENTS TO THE IDAHO STATE PLUMBING CODE: The following
amendments shall be made to the Idaho State Plumbing Code:
(A) Chapter 1, Administration. Chapter 1 of the Idaho State Plumbing Code is hereby deleted and
replaced with Chapter 1 of the International Building Code, (2012 2018 Edition).
(B) Chapter 3, General Regulations. 313.12.4 Shall be deleted.
(C) . Chapter 4, Plumbing Fixtures and Fixture Fittings.
402.4 “Metered Faucets,” shall be amended to read as follows: “Self-closing or self-closing
metering faucets may be installed on lavatories intended to serve the transient public, such as
those in, but not limited to, service stations, train stations, airports, restaurants, and
convention halls. Metered faucets shall deliver a maximum of 0.26 gallons (1.0 liter) of water
per use.”
411.4 shall be deleted.
412.1 shall be amended to read as follows: “Plumbing fixtures shall be provided for the type
of building occupancy and in the minimum number shown in Chapter 29 of the City’s
currently adopted International Building Code, (20185 Edition).”
(D). Chapter 56, Water Heaters Water Supply and Distribution.
508.5 608.5(7) shall be amended to read as follows: “Discharge from a relief valve into a water
heater pan shall be allowed, provided that the pan connection and its drain piping are sized at
least one (1) pipe size larger than the outlet of the relief valve.”
(E). Chapter 6, Water Supply and Distribution. 604.8 Exception shall be amended by the
retention
of the first sentence only and the deletion of all other sentences in such Exception to
604.8
BUILDING CODE UPDATE Page 4 of 18
(F) Chapter 7, Sanitary Drainage. 710.9 shall have a sentence added to it as follows: “A single
pump is permitted for public use occupancies when the sump basin receives the discharge of
not more than one (10 toilet and ten (10) other drainage fixture units.”
(G) (E) Chapter 10, Traps and Interceptors. Table 10-1 shall be amended to change the footnote
that
is indicated by an asterisk to read as follows: “The trap arm lengths of water closets or
similar
fixtures which depend upon self-siphoning and re-filling of their traps for proper operation
operation shall be unlimited.”
(H) (F) IDAPA Rule 07.02.06.011.16 shall be deleted and replaced with the following language:
Pot sinks, scullery sinks, and dishwashing sinks, silverware sinks, commercial dishwashing
machines, silverware-washing machines, and other similar fixtures shall be connected directly
to the drainage system. A floor drain shall be provided adjacent to the fixture, and the fixture
shall be connected on the sewer side of the floor drain trap, provided that no other drainage
line is connected between the floor drain waste connection and the fixture drain. The fixture
and floor drain shall be trapped and vented as required by this Code.
(I) (G) IDAPA Rule 07.02.06.011.20 shall be deleted and replaced with the following language:
Food preparation sinks, pot sinks, scullery sinks, dishwashing sinks, silverware sinks,
commercial dishwashing machines, silverware-washing machines, steam kettles, potato
peelers, ice cream dipper wells, and other similar equipment and fixtures must be indirectly
connected to the drainage system by means of an air gap. The piping from the equipment to
the receptor must not be smaller than the drain on the unit, but it must not be smaller than one
(1) inch (twenty-five and four tenths (25.4) mm).
SECTION 6. Title 7, Chapter 6, Section 1, of the City Code of the City of Idaho Falls, Idaho
is hereby amended as follows:
7-6-1: INTERNATIONAL RESIDENTIAL CODE ADOPTED:
(A) International Residential Code Adopted: The International Residential Code for One and
Two Family Dwellings, 20185 Edition, published by the International Code Council, Inc.,
including Appendix M, is hereby adopted as an official code of the City, except the portions
deleted, modified or amended by the provisions of this Chapter.
(B) Code on File: One (1) copy of the International Residential Code for One and Two Family
Dwellings, 20185 Edition, shall be retained by the City Clerk for use and examination by the
public.
SECTION 7. Title 7, Chapter 6, Section 2 of the City Code of the City of Idaho Falls, Idaho is
hereby repealed in its entirety and immediately replaced with the following:
7-6-2: AMENDMENTS TO THE INTERNATIONAL RESIDENTIAL CODE:
BUILDING CODE UPDATE Page 5 of 18
(A) Delete the exception under Section R101.2 Scope, and replace with the following:
Exception: The following shall also be permitted to be constructed in accordance with this
code:
1. Owner-occupied lodging houses with five (5) or fewer guestrooms and ten (10 or
fewer total occupants.
2. A care facility with five () or fewer persons receiving custodial care within a
dwelling unit or single-family dwelling.
3. A care facility for five (5) or fewer persons receiving personal care that are within a
dwelling unit or single-family dwelling
4. A care facility with twelve (12) or fewer children receiving day care within a
dwelling unit or single-family dwelling.
(B) Delete Section R104.10.1 Flood Hazard Areas
(C) Delete item number 7 under the “Building” subheading of Section R105.2 Work exempt
from permit, and replace with the following: 7. Prefabricated swimming pools that are not
greater than four (4) feet (one thousand, two hundred nineteen (1219) mm) deep.
(D) Add the following as item number 11 under the “Building” subheading Section R105.2
Work exempt from permit: 11. Flag poles.
(E) Delete Section R109.1.3 and replace with the following: R109.1.3 Floodplain inspections.
For construction in areas prone to flooding as established by Table R301.2(1), upon
placement of the lowest floor, including basement, the building official is authorized to
require submission of documentation of the elevation of the lowest floor, including
basement, required in Section R322.
(F) Delete Section R301.2.1.2 Protection of Openings.
(G) Table R301.2(1) of the International Residential Code, 2018 Edition, shall be amended to
read as follows:
TABLE R301.2 (1)
CLIMATIC AND GEOGRAPHIC DESIGN CRITERIA
(H) Delete Table R302.1(1) and replace with the following:
BUILDING CODE UPDATE Page 6 of 18
(I) Delete Section R302.13 Fire protection of floors.
(J) Delete Section R303.4 and replace with the following: R303.4 Mechanical Ventilation.
Dwelling units shall be provided with whole-house mechanical ventilation in accordance
with Section M1505.4
(K) Delete the exception under Section R313.1 Townhouse automatic fire sprinkler systems,
and replace with the following: Exception Automatic residential fire sprinkler systems shall
not be required in townhouses where either two (2) one (1)-hour fire-resistance-rated walls
or a common two (2)-hour fire-resistance rated wall as specified in item number 2 of
Section R302.2.2 is installed between dwelling units or when additions or alterations are
made to existing townhouses that do not have an automatic residential fire sprinkler system
installed.
(L) Delete Section R313.2 One-and two-family dwellings automatic fire sprinkler systems.
(M) Delete the exceptions under Section R314.2.2 Alterations, repairs, and additions,
and replace with the following: Exceptions:
1. Work involving the exterior surfaces of dwellings, such as, but not limited to,
replacement of roofing or siding, or the addition or replacement of windows or
BUILDING CODE UPDATE Page 7 of 18
doors, or the addition of a porch or deck or electrical permits, are exempt from the
requirements of this section.
2. Installation, alteration or repairs of plumbing or mechanical systems are exempt
from the requirements of this section.
(N) Delete the exceptions under Section R315.2.2 Alterations repairs and additions, and replace
with the following: Exceptions:
1. Work involving the exterior surfaces of dwellings, such as, but not limited to,
replacement of roofing or siding, or the addition or replacement of windows or
doors, or the addition of a porch or deck or electrical permits, are exempt from the
requirements of this section.
2. Installation, alteration or repairs of noncombustion plumbing or mechanical systems
are exempt from the requirements of this section.
(O) Delete Section R322.1.10 As-built elevation documentation.
(P) Delete Section 322.2.1 and replace with the following: R322.2.1 Elevation requirements.
1. Buildings and structures in flood hazard areas, including flood hazard areas
designated as Coastal A Zones, shall have the lowest floors elevated to or above the
base flood elevations.
2. In areas of shallow flooding (AO Zones), buildings and structures shall have the
lowest floors (including basement) elevated to a height above the highest adjacent
grade of not less than the depth number specified in feet (mm) on the FIRM, or not
less than two (2) feet (610 mm) if a depth number is not specified.
3. Basement floors that are below grade on all sides shall be elevated to or above base
flood elevation. Exception: Enclosed areas below the design flood elevation,
including basements with floors that are not below grade on all sides, shall meet the
requirements of Section R322.2.2
(Q) Delete subparagraph 2.1 of Section R322.2.2 Enclosed area below design flood elevation
and replace with the following: 2.1 The total net area of all openings shall be at least one (1)
square inch (645 mm2) for each square foot (0.093 m2) of enclosed area, or the opening
shall be designed and the construction documents shall include a statement that the design
and installation of the openings will provide for equalization of hydrostatic flood forces on
exterior walls by allowing the automatic entry and exit of floodwaters.
(R) Delete Tables R403 minimum Depth (D) and Width (W) of Crushed Stone Footings
(inches), R403.1(1) Minimum Width and Thickness for Concrete Footings for Light-Frame
Construction (inches), R403.1(2) Minimum Width and Thickness for Concrete Footings for
Light-Frame Construction and Brick Veneer (inches), and R403.1(3) Minimum Width and
BUILDING CODE UPDATE Page 8 of 18
Thickness for Concrete Footings with Cast-In-Place or Fully Grouted Masonry Wall
Construction (inches).
(S) Add the following as Table R403.1:
(T) Delete Section R403.1.1 and replace with the following: R403.1.1 Minimum size.
Minimum sizes for concrete and masonry footings shall be as set forth in Table R403.1 and
Figure R403.1(1). The footing width (W) shall be based on the load bearing value of the
soil in accordance with Table R401.4.1. Spread footings shall be at least six (6) inches in
thickness (T). Footing projections (P) shall be at least two (2) inches and shall not exceed
the thickness of the footing. The size of footings supporting piers and columns shall be
based on the tributary load and allowable soil pressure in accordance with Table R401.4.1
Footings for wood foundations shall be in accordance with the details set forth in Section
R403.2 and Figures R403.1(2) and R403.1(3).
(U) The exception to Section R405.1 of the International Residential Code, 2018 Edition, is
hereby amended to read as follows:
Exception: A drainage system is not required when the foundation is installed on well-
drained ground or sand-gravel mixture soils according to the Unified Soil Classification
System, Group I and Group II Soils, as detailed in Table R405.1.
(V) Delete Section R602.10 and replace with the following: R602.1 Wall bracing. Buildings
shall be braced in accordance with this Section or, when applicable Section R602.12, or the
most current edition of APA System Report SR-102 as an alternate method. Where a
BUILDING CODE UPDATE Page 9 of 18
building or portion thereof, does not comply with one (1) or more of the bracing
requirements in this Section, those portions shall be designed and constructed in accordance
with Section R301.1.
SECTION 8. Title 7, Chapter 7, of the City Code of the City of Idaho Falls, Idaho is hereby
amended as follows:
7-7-1: INTERNATIONAL MECHANICAL CODE ADOPTED:
(A) International Mechanical Code Adopted: The International Mechanical Code, 20185
Edition, published by the International Code Council, Inc., is hereby adopted as an official
code of the City, except the portions deleted, modified or amended by the provisions of this
Chapter.
(B) Code on File: One (1) copy of the International Mechanical Code, 20185 Edition, shall be
retained by the City Clerk for use and examination by the public.
7-7-2: AMENDMENTS TO THE INTERNATIONAL MECHANICAL CODE:
(A) Section 103.2 of the International Mechanical Code 2015 2018 Edition, shall be amended to
read as follows:
103.2 Appointment. The Code Official shall be appointed by the chief appointing authority of
the jurisdiction.
(B) Section 109.1 of the International Mechanical Code, 2015 2018 Edition, shall be amended to
read as follows:
109.1 Application for appeal. A person shall have the right to appeal a decision of the code
official to the board of appeals. An application for appeal shall be based on a claim that the true
intent of this code or the rules legally adopted thereunder have been incorrectly interpreted. The
application shall be filed on a form obtained from the code official within twenty (20) days after
the notice was served.
SECTION 9. Title 7, Chapter 11, of the City Code of the City of Idaho Falls, Idaho is hereby
amended as follows:
7-11-1: INTERNATIONAL ENERGY CONSERVATION CODE ADOPTED:
(A) International Energy Conservation Code Adopted: The International Energy
Conservation Code, 20185 Edition, published by the International Code Council, Inc., is
hereby adopted as an official code of the City, except the portions deleted, modified or
amended by the provisions of this Chapter.
(B) Code on File: One (1) copy of the International Energy Conservation Code, 20185 Edition,
shall be retained by the City Clerk for use and examination by the public.
BUILDING CODE UPDATE Page 10 of 18
SECTION 10. Title 7, Chapter 11, Section 2 of the City Code of the City of Idaho Falls, Idaho is
hereby repealed in its entirety and immediately replaced with the following:
7-11-2: AMENDMENTS TO THE INTERNATIONAL ENERGY CONSERVATION CODE:
(A) Add the following as Section C101.5.2: C101.5.2 Industrial, electronic, and manufacturing
equipment. Buildings or portions thereof that are heated or cooled exclusively to maintain
the required operating temperature of industrial, electronic, or manufacturing equipment
shall be exempt from the provisions of this code. Such buildings or portions thereof shall
be separated from connected conditioned space by building thermal envelope assemblies
complying with this code.
(B) Add the following as an exception under Section C402.5 Air leakage—thermal envelope
(Mandatory): Exception: For buildings having over fifty thousand (50,000) square feet of
conditioned floor area, air leakage testing shall be permitted to be conducted on less than
the whole building, provided the following portions of the building are tested and their
measured air leakage is area-weighted by the surface areas of the building envelope:
1. The entire floor area of all stories that have any spaces directly under a roof.
2. The entire floor area of all stories that have a building entrance or loading dock.
3. Representative above-grade wall sections of the building totaling at least twenty-
five percent (25%) of the above-grade wall area enclosing the remaining
conditioned space. Floor area tested under subparagraphs 1. or 2. of this exception
shall not be included in the twenty-five percent (25%) of above-grade wall sections
tested under this subparagraph.
(C) Add the following as exception number 7 under Section C403.5 Economizers
(Prescriptive): 7. Unusual outdoor air contaminate conditions—Systems where special
outside air filtration and treatment for the reduction and treatment of unusual outdoor
contaminants, makes an air economizer infeasible.
BUILDING CODE UPDATE Page 11 of 18
(D) Delete Table C404.5.1 and replace with the following:
BUILDING CODE UPDATE Page 12 of 18
(E) Delete the rows in Table R402.1.2 for climate zones “5 and Marine 4” and “6” and replace
with the following:
(F) Add the following as footnote “k” to the title of Table R402.1.2—Insulation and
Fenestration Requirements by Component: “k” for residential log home building thermal
envelope construction requirements see Section 402.6.
(G) Delete the rows in Table R402.1.4 for climate zones “5 and Marine 4” and “6” and replace
with the following:
(H) Delete Section R402.1 and replace with the following: R402.4.1 Building thermal envelope.
1. Until June 30, 2021, the building thermal envelope shall comply with Sections
R402.1.1 (Installation) and either Section R402.1.2 (Testing) or Section R402.4.1.3
(Visual inspection).
2. Effective July 1, 2021, the building thermal envelope of a minimum of twenty
percent (20%) of all new single-family homes constructed by each builder shall
comply with Section R402.1.1 (Installation) and Section R402.4.1.2 (Testing). The
authority having jurisdiction may:
a. Determine how to enforce this requirement, starting with the fifth house and
continuing with each subsequent fifth house.
b. Waive this requirement if significant testing indicates the five (5) air changes
per hour (ACH) requirement is consistently being met or exceeded (resulting
in a lower ACH).
BUILDING CODE UPDATE Page 13 of 18
c. Grant exceptions to this requirement in rural areas where testing equipment
is not available or cost effective.
3. Effective July 1, 2021, the building thermal envelope of eighty percent (80%) of all
new single-family homes constructed by each builder shall comply with Section
R402.1.1 (Installation) and either Section R402.1.2 (Testing) or Section R402.4.1.3
(Visual inspection).
4. The sealing methods between dissimilar materials shall allow for differential
expansion and contraction.
(I) Delete Section 402.4.1.1 and replace with the following: R402.1.1 Installation. The
components of the building thermal envelope as listed in Table R402.4.1.1 shall be installed
in accordance with the manufacturer’s instructions and the criteria listed in Table
R402.4.1.1, as applicable to the method of construction.
(J) Delete Section 402.1.2 and replace with the following: R402.4.1.2 Testing. Testing
building envelope tightness and insulation installation shall be considered acceptable when
tested air leakage is less than five (5) Aire changes per hour (ACH) when tested with a
blower door at a pressure of 33.5 psf (50 Pa). Testing shall occur after rough in and after
installation of penetrations of the building envelope, including penetrations for utilities,
plumbing, electrical, ventilation and combustion appliances. Testing shall be conducted in
accordance with RESNET/ICC 380, ASTM E 779 or ASTM E 1827 and reported at a
pressure of 0.2-inch w.g. (50 Pascals). During Testing:
1. Exterior windows and doors, fireplace and stove doors shall be closed, but not
sealed.
2. Dampers shall be closed, but not sealed, including exhaust, intake, makeup air,
backdraft and flue dampers.
3. Interior doors shall be open.
4. Exterior openings for continuous ventilation systems and heat recovery ventilators
shall be closed and sealed.
5. Heating and cooling system(s) shall be turned off.
6. HVAC ducts shall not be sealed.
7. Supply and return registers shall not be sealed.
(K) Add the following as Section R402.4.1.3: R402.4.1.3 Visual inspection. Building envelope
tightness and insulation installation shall be considered acceptable when the items listed in
Table R402.4.1.1, applicable to the method of construction, are field verified. Where
required by code official an approved party independent from the installer of the insulation
shall inspect the air barrier and insulation.
(L) Add the following as Section R402.6 Residential log home thermal envelope. Residential
log home construction shall comply with Section R401 (general), Section R402 (Air
leakage), Section R402.5 (Maximum fenestration U-factor and SHGC), Section R402.1
BUILDING CODE UPDATE Page 14 of 18
(Controls), the mandatory sections of Sections R403.3 through R403.9, Section R404
(Electrical Power and Lighting Systems), and either 1., 2., or 3. as follows:
1. Sections R402.2 through R402.3, Section R303.3.1 (Insulation), Section R404.1
(Lightning equipment), and Table R402.6 (Log Home Prescriptive Thermal Envelope
Requirements by Component).
2. Section R405 (Simulated Performance Alternative).
3. REScheck (U.S. Department of Energy Building Codes Programs).
(M) Add the following as Table R402.6:
(N) An exception to Section R403.3.5 shall be added as follows: Exception: Building-framing
cavities used as ducts or plenums shall comply with Section M1601.1.1 (IRC).
(O) Delete Section R403.5.3 and replace with the following: R403.5.3 Hot water pipe insulation
(Prescriptive). Insulation for hot water piping with a thermal resistance, R-value, of not less
than R-3 shall be applied to the following:
1. Piping serving more than one (1) dwelling unit.
2. Piping located outside the conditioned space.
3. Piping located under a floor slab.
4. Buried piping.
BUILDING CODE UPDATE Page 15 of 18
5. Supply and return piping in recirculation systems other than demand recirculation
systems.
(P) Delete Section R404.1 and replace with the following: R404.1 Lighting equipment
(Mandatory). A minimum of seventy-five percent (75%) of the lamps in permanently
installed lighting fixtures shall be high-efficacy lamps or a minimum of seventy-five
percent (75%) of the permanently installed lighting fixtures shall contain only high efficacy
lamps.
(Q) Delete Section R406.3 and replace with the following: R406.3 Energy Rating Index. The
Energy Rating Index (ERI) shall be determined in accordance with RESNET/ICC 301.
Energy used to recharge or refuel a vehicle used for transportation on roads that are not on
the building site shall not be included in the ERI reference design or the rated design.
(R) Delete Tabel R406.4 and replace with the following:
SECTION 11. Savings and Severability Clause. The provisions and parts of this Ordinance are
intended to be severable. If any section, sentence, clause, or phrase of this Ordinance should be
held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or
unconstitutionality shall not affect the validity or constitutionality of any other section, sentence,
clause, or phrase of this Ordinance.
SECTION 12. Codification Clause. The City Clerk is instructed to immediately forward this
Ordinance to the codifier of the official municipal code for proper revision of the Code.
SECTION 13. Publication. This Ordinance, or a summary thereof in compliance with Idaho Code,
shall be published once in the official newspaper of the City, and shall take effect immediately
upon its passage, approval, and publication.
SECTION 14. Effective Date. This Ordinance shall be in full force and effect from and after its
passage, approval, and publication.
BUILDING CODE UPDATE Page 16 of 18
PASSED by the City Council and APPROVED by the Mayor of the City of Idaho Falls, Idaho,
this day of , 2020.
CITY OF IDAHO FALLS, IDAHO
REBECCA L. NOAH CASPER, MAYOR
ATTEST:
KATHY HAMPTON, CITY CLERK
(SEAL)
BUILDING CODE UPDATE Page 17 of 18
STATE OF IDAHO )
) ss:
County of Bonneville )
I, KATHY HAMPTON, CITY CLERK OF THE CITY OF IDAHO FALLS, IDAHO,
DO HEREBY CERTIFY:
That the above and foregoing is a full, true and correct copy of the Ordinance
entitled, “AN ORDINANCE OF THE CITY OF IDAHO FALLS, IDAHO,
AMENDING TITLE 7 TO ADOPT AND AMEND THE 2018 EDITIONS OF
THE INTERNATIONAL BUILDING CODE, INTERNATIONAL PROPERTY
MAINTENANCE CODE, INTERNATIONAL FUEL GAS CODE,
INTERNATIONAL RESIDENTIAL CODE, INTERNATIONAL
MECHANICAL CODE, INTERNATIONAL ENERGY CONSERVATION
CODE; AND TO ADOPT AND AMEND THE 2015 EDITION OF THE
INTERNATIONAL EXISTING BUILDING CODE; PROVIDING
SEVERABILITY, CODIFICATION, PUBLICATION BY SUMMARY, AND
ESTABLISHING EFFECTIVE DATE.”
(SEAL) KATHY HAMPTON, CITY CLERK
Public Works -
Design Contract, LEC
AGREEMENT FOR PROFESSIONAL SERVICES RELATED TO PHASE II
CONSTRUCTION OF THE IDAHO FALLS POLICE COMPLEX
THIS AGREEMENT FOR PROFESSIONAL SERVICES RELATED TO
CONSTRUCTION OF THE IDAHO FALLS POLICE COMPLEX (hereinafter
*AGREEMENT"),
is made and entered into this day of 2020, by
and between the city ofldaho Falls, Idaho, a municipal corporation ofthe State ofldaho, p.o.
Box 50220, Idaho Falls, Idaho 83405 (hereinafter "cITy"), and Architects Design Group /
ADG, Inc, (insert address). (hereinafter "ARCHITECT").
WITNES SETH
WHEREAS, CITY desires to build the Idaho Falls police Complex (the ,.project,,); and
WHEREAS, CITY has selected ARCHITECT to design the facility; and
WHEREAS, the parties have completed phase I of the project by conducting a needs
assessment, site analysis, conceptual building design, preliminary cost estimates, and
presenting a master plan to the City Council; and
WHEREAS, the parties desire to enter in a new agreement for ARCHITECT's work to
complete the Phase II of the Project, the Design Development, contract Documents,
Construction, Closeout, and One Year Warranty phases ofthe project; and
WHEREAS, the parties anticipate that a substantive agreement will be entered into by the
parties prior beginning the Design Development, contract Documents, construction,
Closeout, and One Year Wananty Phases ofthe Project.
NOW, THEREFORE, be it agreed, for and in consideration of the mutual covenants and
promises between the parties hereto, as follows:
SECTION I: PHASE II SCOPE OF WORK
General Descriotion:
The Project is the construction of a new police station complex. Phase II of the project is
generally described as a Detailed Spatial Needs Assessment Update, Site Analysis, Master
Planning, Conceptual Building Design, Preliminary Cost Estimate. City Council presentation,
and Design / Engineering and Construction Administration for the City of Idaho Falls Police
Department facility.
A. ARCHITECT Phase II Responsibilities:
PROFESSIONAL SERVICES AGREEMENT PAGE I OF 17
Phase II: Basic Architectural and Engineering Services:
ARCHITECT's Phase II Basic Services consist of those described in this Agreement and
include structural, mechanical, and electrical engineering services.
1. Schematic Design Phase (4 months):
a. ARCHITECT shall prepare a preliminary evaluation of CITY's program,
schedule, budget for the Cost of the Work, Project site, the proposed
procurement and delivery method, and other Initial Information, each in terms
of the other, to ascertain the requirements of the Project. ARCHITECT shall
notifu CITY of (l) any inconsistencies discovered in the information, and (2)
other information or consulting services that may be needed for the Project.
b. ARCHITECT shall present its preliminary evaluation to CITY and shall discuss
with CITY altemative approaches to design and construction of the project.
ARCHITECT shall reach an understanding with CITY regarding the
requirements of the Project.
c Based on the Project requirements agreed upon with CITY, ARCHITECT shall
prepare and present, for CITY's approval, a preliminary design illustrating the
scale and relationship of the Project components.
d. Based on CITY's approval of the preliminary design, ARCHITECT shall
prepare Schematic Design Documents for CITY's approval. The Schematic
Design Documents shall consist of drawings and other documents including a
site plan, ifappropriate, and preliminary building plans, sections and elevations;
and some combination of study models, perspective sketches, or digital
representations. Preliminary selections of major building systems and
construction materials shall be noted on the drawings or described in writing.
e. ARCHITECT shall consider sustainable design altematives, such as material
choices and building orientation, together with other considerations based on
program and aesthetics, in developing a design that is consistent with CITy,s
progmm, schedule and budget for the Cost of the Work. CITY may obtain more
advanced sustainable design services as a Supplemental Service.
f. ARCHITECT shall consider the value of altemative materials, building systems
and equipment, together with other considerations based on program and
aesthetics, in developing a design for the Project that is consistent with CITY's
program, schedule, and budget for the Cost of the Work.
PROFESSIONAL SERVICES AGREEMENT PAGE 2 OF t7
ARCHITECT shall submit to CITY an estimate of probable development costs
for the Project.
h. ARCHITECT shall submit the Schematic Design Documents to CITY, and
request CITY's review and approval.
2. Design Development Phase (3 months):
a. Based on CITY's approval of the Schematic Desiga Documents, and following
CITY's authorization of any adjustments in the Project requirements and the
budget for the Cost of the Work, ARCHITECT shall prepare Design
Development Documents for CITY's approval. The Design Development
Documents shall illustrate and describe the development of the approved
Schematic Design Documents and shall consist of drawings and other documents
including plans, sections, elevations, typical construction details, and
diagrammatic layouts of building systems to fix and describe the size and
character of the Project as to architectural, structural, mechanical and electrical
systems, and other appropriate elements. The Design Development Documents
shall also include outline specifications that identifr major materials and systems
and establish, in general, their quality levels.
b. ARCHITECT shall update the estimate of probable development costs.
c ARCHITECT shall submit the Design Development Documents to CITy, advise
CITY of any adjustments to the estimate of the Cost of the Work, and request
CITY's approval.
3. Construction Documents Phase (4-5 months):
a Based on CITY's approval of the Design Development Documents, and on
CITY's authorization of any adjustments in the Project requirements and the
budget for the cost of the Work, ARCHITECT shall prepare Construction
Documents for CITY's approval. The term "Work" in this Agreement shall mean
all necessary action for the development, construction, renovation, and
implementation of the Project. The Construction Documents shall illustrate and
describe the further development of the approved Design Development
Documents and shall consist of Drawings and Specifications setting forth in
detail the quality levels and performance criteria of materials and systems and
other requirements for the construction ofthe Project. CITY and ARCHITECT
acknowledge that, in order to perform the Work, the general contractor will
PROFESSIONAI SERVICES AGREEMENT PAGE 3 OF 17
provide additional information, including Shop Drawings, Product Data,
Samples and other similar submittals, which ARCHITECT shall review.
b. ARCHITECT shall incorporate the design requirements of all govemmental
authorities havingjurisdiction over the Project into the Construction Documents.
c, During the development of the Construction Documents, ARCHITECT shall
assist CITY in the development and preparation of (1) procurement information
that describes the time, place, and conditions of bidding, including bidding or
proposal forms; (2) the form of agreement between CITY and the general
contractor; and (3) the Conditions of the Contract for Construction (General,
Supplementary and other Conditions). ARCHITECT shall also compile a project
manual that includes the Conditions of the Contract for Construction and
Specifications, and may include bidding requirements and sample forms.
d. ARCHITECT shall update the estimate for the Cost of the Work. ARCHITECT
shall submit the Construction Documents to CITY, advise CITY of any
adjustments to the estimate of the Cost of the Work, and request CITY's
approval.
4. Bidding or GMP Coordination (2-3 months)
ARCHITECT shall assist CITY in establishing a list of prospective general
contractors. Following CITY's approval of the Construction Documents,
ARCHITECT shall assist CITY in (1) obtaining competitive bids; (2) confirming
responsiveness of bids; and, (3) assist with preparing and awarding contracts for
construction.
5. Construction Administration Services (14 months)
a. ARCHITECT shall assist CITY with the coordination of the construction
process, working closely with CITY's selected builder entity. Services shall
include reviews of the proposed construction schedule, providing responses to
submitted RII's (requests for information), reviewing submittals for compliance
with the contract documents, reviewing pay applications, and providing a
complete facility review to develop a punch list of items to be addressed prior to
the issuance of a substantial completion certificate, followed by a final facility
review and final completions report.
PROFESSIONAL SERVICES AGREEMENT PAGE 4 OF 17
b. ARCHITECT shall also assemble the appropriate ciose-out documents for
issuance to CITY's selected builder entity with copies provided to CITY
including operations and maintenance manuals, manufacturer contact lists, etc.
6. Post OccupancyA arranty Inspection (11 months):
Eleven (11) months after first occupancy of the building by CITY, the appropriate
ARCHITECT design team members shall conduct a warranty inspection of the
building and shall document all systems and elements that need corrective action, on
the part of the general contractor. ARCHITECT shall subsequently re-inspect the
facility(ies) to establish that noted items have been satisfactorily resolved or if
additional work is required on the part ofthe general contractor.
B. CITY's Phase II Responsibilities:
1. CITY shall submit to ARCHITECT, any existing documentation relative to the
proposed site that has been previously identified and investigated; including, but not
limited to:
a. Aerial maps
b. Floodplain maps
c. Topographic maps
d. Benchmark data
2- CITY shall provide ARCHITECT any existing land development regulations that
the Design Team will need to comply with. ARCHITECT shall also research / determine
/ confirm these regulations as well.
3. CITY shall provide ARCHITECT a list of the existing Permitring Agencies that will
be involved in reviewing and./or permitting the Project. ARCHITECT shall also research
/ determine / confirm these agencies as well.
4. CITY shall provide ARCHITECT with CITY's project management tearn
composition, contact information, and chain of communications command.
C. Additional Services Upon CITY's Request:
ARCHITECT, or ARCHITECT's consultants, shall provide the following additional services
if requested by CITY:
1. Interior Designl
PROFESSIONAI SERVICES AGREEMENT PAGE 5 OF 17
Interior design services related to the programming, conceptual design, bidding and
supervision of installation of fumishings. Services related to the inventory of existing
fumishings and equipment shall be provided billable on an hourly basis. Said services
are to be provided only when specifically requested by CITY in writing.
2, Off-Site Civil Ensineerinq:
Upon acceptance of the Conceptual Site Plan, if off-site civil engineering services
are required, a scope of work shall be established. Work typically identified as the Scope
of Services for Civil Engineering is construction falling outside the property lines or within
on- site easements and/or the relocation of existing utilities. The professional fee for such
wo* shall be a$eed upon by CITY, ARCHITECT and Civil Engineer based upon a defined
Scope ofServices.
3, LandscaoeArchitecturalServices:
Landscape Architectural Services shall be provided by a registered Landscape Architect,
selected by ARCHITECT, to provide the Scope of Services to be defined by the accepted
Master Site Plan.
L Site and Buildins ldentification / Granhic Desisn:
Provide graphic design services associated with the design and construction
administration of building identification, graphics and signage.
5. PermittineCoordinationServices:
ARCHITECT shall provide permitting coordination services as follows:
a. Define all permits and/or review agency requirements and provide a graphic
chronological assessment.
b. Prepare and/or coordinate the permitting applications and make the submittals
in a timely manner and in accordance with the schedule to be submitted bv
ARCHITECT upon execution of this A$eement by CITY.
c. Monitor the permitting process and provide written progress reports to CITy.
6- Facilitv Enerw Analysis:
PROFESSIONAL SERVICES AGREEMENT PAGE 6 OF 17
ARCHITECT shall so prepare Supplementary Design Documents as to permit the
accomplishment of a detailed energy analysis, to be conducted by an appropriate entity
with expertise in providing this service. The purpose of the analysis shall be to maximize
energy efficient systems, including insulation, fenestration and similar passive energy
applications, to the extent allowable by the project construction budget. This is a required
service to meet the updated Energy Code Permitting Requirements. This service will also
be required ifCITY elects to pursue LEED certification for the Project.
7. Facility or Site Model Computer Renderings:
ARCHITECT shall develop up to three (3) computer-generated rendering(s) of the
facilities or of the overall Master Plan, illustrating site utilization, building massing,
access and egress roadways. parking areas, pedestrian walkways and stormwater
retention areas.
8. SpecialEnqineerinq:
Special Structural Engineering services will be provided by ARCHITECT/Engineer, for
site elements outside of the police station complex buildings.
Additional Special Structural Engineering services may also be needed, when authorized
by CITY, ifunusual site soil or geographic conditions are found to exist. In the event that
that an unusual site soil or geographic conditions is found to exit, the parties shall enter
into a separate agreement to correct said conditions.
9. Extended ConstructionObservation:
ARCHITECT shall provide standard construction observation services during the
construction phase. As also noted in this Agreement, these services constitute twenty
percent (20%) ofthe value ofBasic Services. The construction Documents shall stipulate
the period general contractor for construction, which is anticipated to be fourteen (14)
months.
ARCHITECT shall be entitled to Additional Fees if the general contractor exceeds this
stipulated period which shall be negotiated with the input of clry, said fees being a pro-
rata monthly fee ofthe fee allocated for construction observation ofphase II. These fees
shall be documented in the contract specifications as the responsibility of the general
contractor and shall be payable to CITY to reimburse clry for payments to
ARCHITECT.
10. Post Occunancv/Warrantv Insoection:
PROFESSIONAL SERVICES AGREEMENT
PAGE 7 OF 17
Eteven (11) months after first occupancy ofthe building by clTY, the appropriate design
team members shall conduct a warranty inspection of the building and shall document
all systems and elements that are in need of conective action. ARCHITECT shall
subsequently re-inspect the facility(ies) to establish that noted items have been
satisfactorily resolved or ifadditional work is required'
11. Communitv Outreech Proqram:
ARCHITECT and its team shatl participate in up to three (3) public presentations in
a collective effort of engaging the local community at large, if requested by CITY'
ARCHITECT will assist with the development of the necessary presentation matedals
and format and will provide one (l) copy, i n both a digital and a hard copy version,
to clTY for its records. A minimum of two (2) representatives of the ARCHITECT',s
team shall participate in each of the requested presentations.
This service, ifrequested by CITY, shall be included as a part ofthe Optional Additional
Phase II seryices.
12. Site Survev ins Allowance:
ARCHITECT shatl obtain the services of a Registered Land Surveyor, acceptable to
CITY, for a site boundary and topographic survey for the subject property. This service is
provided to CITY with the understanding and agreement that ARCHITECT shall have no
liability for said services. The professional fee for this service was included in the Phase I
Agreement between CITY and ARCHITECH of this project.
13. Geotechnical EnqineerinsAllowance:
ARCHITECT obtain the services of a Professional Geotechnical Engineering firm for
purposes of sub-surface soils investigation, percolation testing, and foundation
recommendations. This service is provided to CITY with the understanding and
agreement that ARCHITECT shall have no liability for said services. The professional fee
will be established based upon a defined Scope of Services. These services will be
completed upon final determination / acceptance ofthe site by CITY.
14. BuildineCommissionine:
ARCHITECT and its Engineers, if requested by CITY, shall provide complete building
commissioning services of the Mechanical, Electrical, and low-voltage systems facility
wide including creating a commissioning plan, integrating the commission requirements
into project specifications, creating functional test procedures, perform a test and balance
verification, and create a training plan. This service shall be provided, upon CITY's
PROFESSIONAL SERVICES AGREEMENT PAGE 8 OF 17
request, at the conclusion of the construction period, and shall include integration testing
of building information & communications (ICT) systems with external systems (e.g.
commercial telecom services andior agency owned services).
15. GrantsCoordinationAssistance:
ARCHITECT and its subconsultants shall work directly with CITY's designated Grant
Coordinator to assist with the documentation needed to process any grant awarded to
CITY to assist with the cost ofthe Project.
16. Grants Ap nlication:
ARCHITECT, if requested by CITY, shall provide gant preparation services. The
professional fee(s) for any grant preparation work shall be established in a separate
agreement after identification of a potential grant and/or grants.
17. AdditionalConstruction Observation Services:
CITY may elect to have ARCHITECT provide additional on-site construction
observation services in addition to the bi-weeklv standard services noted in this
AGREEMENT.
18. Audio-VisualConsultant:
ARCHITECT shall obtain the services of an individual/Firm with expertise in audio-
visual systems and, based upon a defined scope of work for the Proiect's audio-visual
system's needs, shall provide CITY with a proposed professional fee for the audio-visual
system work.
19. Comnuter Cable Svstem Des isn Coordination:
ARCHITECT shall meet with CITY's Project Manager and CITY's Information
Technology staff and establish the basic guidelines for a computer cable system for the
Project and shall subsequently prepare a cable plan with appropriate distribution spaces
in the Projecl
20. s urt Consultant:
ARCHITECT shall obtain the services of a qualified Security consultant for services
related to site and building security systems, including c.c.T.v., access/egress controls,
locking devices, and site security systems.
21. Acoustical Ensineering:
PROFESSIONAL SERVICES AGREEMENT PAGE 9 OF 17
ARCHITECT shall obtain the services of a qualified Acoustical Engineer for enhancing
performance in acoustically demanding environments related to the primary large-scale
operational spaces and/or exterior conditions such as the adjacent railroad tracks' These
services include controlling, isotating, and mitigating structure-bome, equipment-
generated, and environmental noise and vibration, ifrequired.
SECTION II: COMPENSATION
A. No Employee RelationshiP
The contracting parties wanant by their signature thal no employer/employee relationship is
established between ARCHITECT and CITY by the terms of this Agreement' It is understood by
the parties hereto that ARCHITECT is an independent agency and as such neither it nor its
members and employees, if any, are employees of CITY for purposes of tax, retirement system,
or social security (FICA) withholding.
B. Fees and Conditions for Professional Services
Payment for all Phase II services described in this Agreement is provided in
accordance with the following anticipated Phase II fee:
Phase II Fee Summarv:
Phase II: Basic Architectural/Engineering Services Fee: ...................$ 1,913,804.00
Phase II: Required Services ..........................$ 448 965.00
Phase II Subtotal .S 2362,769.00
Phase II: Reimbursable Expenses ....$ 43.000.00
....$ 2,405,769,00
Phase II : Optional Additional Services:......... $ l 17,663.00
(Subject to change based on Optional Additional Services requested)
Rasic Architectural and Enqineerinq Services Fee:
The above Architectural and Engineering Services Fee is calculated upon a total project
budget and an estimated construction budget that shall be finalized during the Phase I
Preliminary Cost Estimate. The total project budget value shall be established when the
Phase I Preliminary Cost Estimate is submitted to CITY for approval. The above
Architectural/Engineering Services Fee shall be modified in the event that the Phase I
Preliminary Cost Estimate, approved by CITY, differs from the amounts listed in this
Agreement. The Architectural and Engineering Services Fee shall be calculated in the
following manner:
PROFESSIONAL SERVICES AGREEMENT PAGE IO OF 17
Building Construction - PD: S 16,979,360.00
Building Construction - Rolling Asset Storage: ....... $ I,516,930.00
Site Development Allowance: $ 4,227,335.00
Central Utility Plant Allowance::...................'. $ 474.000.00
Total Projected Project "Hard Costs" .... $ 23,197,625.00
Professional Architectural/Engineering "Basic Services" Fees:
$23,r97,62s@ 8.2s% ............ $ 1,913,804.00
PlaleIliAdditiarslSigicesr
Additional Services, consisting of a variety of tasks, are itemized and described in
Section I, Paragraph C "Additional Services" of this Agreement. The following is a
summary of those additionat services and their related professional fee allocation'
These additional services fall outside of the "standard Architectural/Engineering
services" above.
TASK: TOTAL FEE:
Reouired Additional Services:
On-Site Civil Engineering.. $ I17,120.00
Landscape Architectural Services (1.3).. .........'... $ 39,380.00
Site Survey Allowance ( I . l3) (completed as part of Phase I) .$ 0.00
Geotechnical Engineering Allowance ( 1. 1 4)... ........... $ 7,000.00
Site and Building Identifications (1.4) .. ............ .....'.. $ 10,200.00
Professional Liability Insurance ($ 2,281 ,989 @ 4%) (1.5) $ 91,280.00
Audio-Visual Consultant ( 1.2 I ).... $ 39,200.00
Cable System Coordination (l .22)............... $ 20,100.00
Security Consultant (1.23) .. .$ 45,400.00
Speciat Engineering, (sitework structual engineering) ( I .9) .$ 26,785.00
Facility or Site Model / Renderings (1.8) ....... 7,500.00
o Reimbursable Expenses (printing costs) $ 600.00
Post Occupancy/Warranty Inspection (l .l 1) $ r2,800.00
o Reimbursable Expenses........ $ 3,000.00
Estimates of Probable Development Costs:
Schematic Design Phase ..................$ 8,600.00
75% Completion....... $
10 00.00
Subtotal: (Subject to change based on Additional Services required) $ 448,965.00
PROFESSIONAL SERVICES AGREEMENT PACE II OF 17
ODtiaulAtlditiaulSsaiselt
Inierior Design Services (FF&E Coordination): (1.1)
Est. 45,975 SF @ $25lSF : gt'149,375 @ 6% .$ 68,963.00
Off-Site Civil EngineerinC (1.2) ...... .. ...........$ TBD
Extended Construction Observation, if needed (1.10)."... .$ TBD
Community Outreach Program ($2,900/event), ifrequired (1' 12) ' .$ TBD
Additional Construction Observation Services (see below) """""' .$ TBD
Record/Conformance As-Designed Drawings (I.19) ..... " ' .$ TBD
Facility Energy AnalYsis ( 1.7) ............$ 26,500.00
Permitting Coordination Services (1.6) .................... $ 22,200.00
Acoustical Engineering, if required (1.24) .... $ TBD
Subtotal: (Subject to change based on Additional Services). . . $ 1 I 7,663.00
Additional Construction Observation Services:
As outlined in Section I, Paragraph C "Additional Services" if CITY desires additional
construction observations Services beyond what is included in the Base Services (bi-
weekly attendance at site meetings for a period of 12-14 months), the additional site visits
will be calculated as follows:
20 hrs. @ $102.00nr. per add. visit.......... $ 2,040.00*
Reimbursab le Expenses .. $ 800.00
Total Cost per additional site visit ........$ 2,840.00
* I These are hours in addition to those included under " Basic Services "
SECTION III: MODIFICATION OF AGREEMENT
A. Termination of Agreement.
This Agreement may be terminated by ARCHITECT upon thirty (30) days written notice to
CITY, should CITY fail to substantially perform in accordance with its terms through no fault of
ARCHITECT. CITY may terminate this Agreement with thkty (30) days' notice to ARCHITECT
without cause and without further liability to ARCHITECT.
B. Prorated Payment at Termination.
Ifany portion ofthe services covered by this Agreement shall be suspended, abated, abandoned,
or terminated, CITY shall pay ARCHITECT for the services rendered to the date of such
suspended, abated, abandoned, or terminated work; the payment to be based, insofar as possible,
on the amounts established in this Agreement or, where the Agreement cannot be applied, the
payment shall be based upon a reasonable estimate as mutually agreed upon between the two (2)
parties as to the percentage ofthe work completed.
PROFESSIONAL SERVICES AGREEMENT PAGE 12 OF 17
C. Extent of Agreement.
This Agreement may be amended only by written instrument signed by both parties hereto'
D. Indemnification.
ARCHITECT agrees, to the fullest extent permitted by law, to indemniff and hold harmless
CITY
or any one
against damages, liabilities and costs arising fiom the negligent acts ofARCHITECT,
to or for whom ARCHITECT is legally liable, in the performance of professional services under
this AGREEMENT, to the extent that ARCHITECT is responsible for such damages, liabilities
and costs on a comparative basis of fault and responsibility between ARCHITECT and CITY.
ARCHITECT shall not be obligated to indemnifr clTY for clTY's sole negligence.
E, Insurance.
ARCHITECT shall maintain, during the term of this Agreement, Professional Liability Insurance
providing coverage for errors and omissions in the amount of $2,000,000.00. The Architect shall
provide CITY with a certificate showing such coverage and providing that the insurance will not
lapse or be canceled except upon thirty (30) days written notice to CITY. As compensation for
the cost ol such insurance, CITY will pay ARCHITECT a value equating to four (4) percent of
the total Architectural and Engineering fee, excluding fees for the Building Program Verification,
Master Planning, Preliminary Site Analysis, and Reimbursable Expense Allowance'
F. ARCIIITECT'SAdditionallnsurance.
ARCHITECT shall maintain automobile insurance and statutory Workmen's Compensation
insurance coverage, employer's liability, and comprehensive general liability insurance coverage.
The comprehensive general liability insurance shall have a minimum limit of Five Hundred
Thousand Dollars ($500,000) per claim and One Million Dollars ($1,000,000) aggregate, and
ARCHITECT shall cause CITY to be named as an additional insured under said policy.
G. Costs and Attorney Fees.
In the event either party incurs legal expenses to enforce the terms and conditions of this
Agreement, the prevailing party is entitled to recover reasonable attomey's fees and other costs
and expenses, whether the same are incurred with or without suit.
H. Jurisdiction and Venue.
It is agreed that this Agreement shall be construed under and govemed by the laws ofthe State of
Idaho. In the event of litigation conceming it, it is agreed that proper venue shall be the District
Court ofthe Seventh Judicial District ofthe State ofldaho, in and for the County ofBonneville.
PROFESSIONAL SERVICES AGREEMENT PAGE 13 OF 17
L Binding of Successors.
CITY and ARCHITECT each bind themselves, their partners, successors, assigns, and legal
representatives to the other parties to this Agreement and to the partner, successors, assigns, and
legal representatives of such other parties with respect to all covenants of this Agreement.
J. Modification and Assignability of Agreement.
This Agreement contains the entire transaction between the parties concerning the professional
services detailed herein, and no statements, promises, or inducements made by either party, or
agents of either party, are valid or binding unless contained herein. This Agreement may not be
enlarged, modified, or altered except upon written agreement signed by the parties hereto.
ARCHITECT may not subcontract or assign its rights (including the right to compensation) or
duties arising hereunder without the prior written consent and express authorization of CITY.
Any such subcontractor or assignee shall be bound by all of the terms and conditions of this
Agreement as if named specifically herein.
K. Ownership and Publication of Materials.
clTY and ARCHITECT agfee that clTY, with this Agreement, acquires the right to use all
reports, information, data, and other materials prepared by ARCHITECT pursuant to this
Agreement and shall have the authority to release, publish, or otherwise use them, in whole or in
part. Nothing in this Section shall constrain ARCHITECT from using materials for other trainings
or projects with other entities.
L. Non-discrimination.
ARCHITECT shall not discriminate against any employee or applicant for employment on the
basis of race, color, religion, creed, political ideals, sex, age, marital status, physical, or mental
handicap, gender identity/expression, sexual orientation, or national origin.
M. Qualified Estimates of Cost.
The estimates of cost for the Project herein are to be prepared by ARCHITECT through the
exercise of its experience and judgment in applying presently available cost data; but it is
recognized that ARCHITECT has no control over the cost of labor and materials, or other
competitive bidding procedures and market conditions so that they cannot warant that the
Project's actual construction costs will not vary from ARCHITECT's cost estimates as a result of
these described factors. Nothing in this section shall serve to release ARCHITECT from
exercising the skill, care, and professional judgment exercised by similarly situated professional
architects or engineers.
N. Services requiring Supplemental Authorization.
PROFESSIONAL SERVICES AGREEMENT PACE 14 OF 17
The services outlined hereinafter shall only be provided by ARCHITECT when requested and
authorized in writing by CITY. Such authorization shall also state the negotiated amount and
method of compensation by CITY. When authorized to proceed, ARCHITECT shall:
1. Re-design any or all the facilities or re-design any component previously approved
by CITY.
2. Assist CITY in resolving disputes over claims, bankruptcy, court proceedings, or
default of the contactor.
3. Assist CITY as a result of fire, flood, acts of God, and similar causes through no
fault of ARCHITECT.
4. Assist or extend services as a result of strikes, walkouts, and other labor disputes;
and including acts relating to the settlement of minority group problems.
5. Provide all other specialty consulting or other miscellaneous services not
enumerated in this Agreement and as may be required by CITY.
6. Work with an archaeologist as may be required to avoid problems associated with
archaeological findings within the Project site.
7. Meet with representatives of the various agencies involved in the Project in excess
of meetings stipulated elsewhere in this Agreement when requested to do so by CITY.
8. Assist CITY in the acquisition of rights of way and easements for the Project, and
including property surveys and descriptions for desigrr surveying work.
9. Prepare documents for and appear before courts and boards on matters of litigation
related to the Project.
10. Provide additional services as may be required in the event of delinquency or
ilsolvency ofthe contractor, suspension ofwork, damages to the construction site by fire,
flood, or other natural disasters. Provide assistance .rs may be required in the event of
strikes, walkouts, or other acts of trade or labor unions.
I 1. Provide or assist with boundary and topography survey services.
12. Provide or assist with Geotechnical services.
13. Identiff or remove hazardous waste if encountered during the Project.
14. Changes in the Project program requirements, design, scope, schedule, or budget.
15. Rendering or models of the Project, if requested by CITY.
16. Work associated with producing, bidding, and managing separate bid packages.
17. Work associated with traffic studies, counts, and/or lights ifrequired.
PROFI]SSIONAI, SF,RVICF-S AGRET]MENT PAGE 15 OF 17
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed
as of the date indicated above.
..CITY"
ATTEST:
City of Idaho Falls, Idaho
By B
Kathy Hampton, City Clerk Rebecca L. Noah Casper, Mayor
..ARCHITECT''
By
McManus, VP of Operations
tects Design Group, Inc.
STAIE OF IDAHO )
) SS
Countv of Bonneville )
On this _day of 2020, before me, the
undersigned, a notary public for Idaho, personally appeared Rebecca L. Noah Caspel known to
me to be the Mayor of the City of ldaho Falls, Idaho, a municipal corporation that executed the
foregoing document, and acknowledged to me that she is authorized to execute the same for
and on behalf of said City.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the
day and year first above written.
Notary Public of Idaho
Residing at:
(Seal) My Commission Expires:
PROFESSIONAL SERVICES AGREEMENT PAGE 16 OF 17
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notary public for Idaho, personally appeared Rodney McManus. Vice President ofOperations
for Architects Desim Group, known or identified to me and whose name is subscribed to the
instrument herein and acknowledged to me that they are authorized to execute the same for
and on behalf of ADG, Inc.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day
and vear first above written.
Notary Publ ic of Flori
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PROFESSIONAL SERVICES AGREEMENT PAGE 17 OF 17
Mayor -
John Wagner, INL Director
Biography
John C. Wagner, Ph.D.
Associate Laboratory Director, Nuclear Science and Technology Directorate
Dr. Wagner will assume the role of Director at INL
on Dec. 11, 2020
Dr. John C. Wagner is the associate laboratory director of INL’s
Nuclear Science & Technology (NS&T) directorate. His previous roles
included director of Domestic Programs in NS&T as well as director of
the Technical Integration Office for the DOE-NE Light Water Reactor
Sustainability Program at INL. Wagner initially joined INL as the chief
scientist at the Materials and Fuels Complex in 2016. He has more than
20 years of experience performing research, and managing and leading
research and development projects, programs and organizations.
Wagner received a B.S. in nuclear engineering from the Missouri University
of Science and Technology in 1992, and M.S. and Ph.D. degrees from the
Pennsylvania State University in 1994 and 1997, respectively. Following
graduate school, Wagner joined Holtec International as a principal engineer,
performing criticality safety analyses and licensing activities for spent fuel
storage pools and storage and transportation casks. Wagner joined the
Oak Ridge National Laboratory (ORNL) as an R&D staff member in 1999,
performing research in the areas of hybrid (Monte Carlo/deterministic)
radiation transport methods, burnup credit criticality safety, and spent
nuclear fuel characterization and safety.
While at ORNL, Wagner held various technical leadership positions,
including technical lead for postclosure criticality in support of DOE
OCRWM’s Lead Laboratory for Repository Systems, Radiation Transport
Methods Deputy Focus Area lead for the Consortium for Advanced
Simulation of Light Water Reactors (CASL), and national technical
director of the DOE Office of Nuclear Energy’s Nuclear Fuels Storage and
continued on back...
20-GA50518
Transportation Planning Project. Wagner also held various management
positions, including group leader for the Criticality and Shielding Methods
and Applications, Radiation Transport, and Used Fuel Systems groups.
In 2014, Wagner became director of the Reactor and Nuclear Systems
Division (RNSD), with responsibility for management direction and
leadership to focus and integrate the seven RNSD R&D groups
(Advanced Reactor Systems and Safety, Nuclear Data and Criticality
Safety, Nuclear Security Modeling, Radiation Transport, Reactor Physics,
Thermal Hydraulics and Irradiation Engineering, and Used Fuel Systems)
and the Radiation Safety Information Computational Center.
Wagner is a Fellow of the American Nuclear Society and recipient of
the 2013 E.O. Lawrence Award. He has authored or co-authored more
than 170 refereed journal and conference articles, technical reports, and
conference summaries. He was the original developer of the A3MCNP
and ADVANTG codes and led the development of the CADIS and
Forward-Weighted CADIS hybrid transport methods.
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