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City Council Meeting

Regular Meeting

Asbury, IA · October 28, 2025

AgendaPacket

Agenda

City Council Meeting - Oct 28 2025 Agenda Tuesday, October 28, 2025 at 7:00 PM Asbury City Hall, 5290 Grand Meadow Drive, Suite 1, Asbury, Iowa 52002 Page 1. Meeting Opening A. Call to Order B. Roll Call C. Citizen Input This is the time for persons to provide comment during the meeting. a. To make a public comment please use the “Chat” function for those joining via Zoom or dial star 9 (*9) from your phone. The moderator will open the lines one at a time and announce your name or phone number. b. If attending the meeting in person, please state your name and address before making your comments. c. The Mayor may limit each speaker to three minutes. The public comment agenda item is not intended as a question and answer forum. If a person has a question(s) for the Mayor or City Council, the question(s) may be submitted prior to or after the meeting in writing, or email info@cityofasbury.com or call City Hall 563-556-7106. All questions will be answered during or after the meeting in a timely fashion. 2. Consent Agenda Our adopted rules of Parliamentary Procedure, Robert’s Rules, provide for a consent agenda listing several items for approval of the Board by a single motion. Most of the items listed under the consent agenda have gone through Board subcommittee review and recommendation. Documentation concerning these items has been provided to all board members and the public in advance to assure Page 1 of 27 an extensive and thorough review. Items may be removed from the consent agenda at the request of any board member. A. City Council Minutes of 10/14/2025 Meeting 4 Oct14.25 Regular Meeting Minutes.pdf B. Bills. C. Utility lien for property. D. Resolution No. -2025, a resolution approving Professional 5 - 13 Services Agreement with MSA Professional Services for the 2026 Asphalt Roadway and Watermain Improvement Project. PSA for Council Consideration.pdf E. Resolution No. -2025, a resolution approving a proposal from 14 - 19 Central Iowa Televising to perform critical rehab services on the sanitary sewer main. Sewer Rehab Recs - PWD Memo.pdf Asbury Rehab - 2020-2022 Rehab - 100K.pdf Televising Resolution.pdf F. Consent Vote Motion to approve Consent Agenda Items 3. Public Hearing A. TBD 4. Old Business A. TBD 5. New Business A. Library Report. 20 - 26 Dubuque County Library FY 25 Annual Report.pdf B. Resolution No. -2025, a resolution approving Change Order No. FINAL for the 2025 Asphalt Overlay Project. Page 2 of 27 C. Resolution No. -2025, a resolution approving Pay Application No. FINAL for the 2025 Asphalt Overlay Project. D. Resolution No. -2025, a resolution approving the Certificate of Substantial Completion, Statement of Final Completion, Release of Claims and Owner's Acceptance of Work for the 2025 Asphalt Overlay Project. 6. Public Comment for New Items Not Previously Presented 7. Reports A. Stormwater Committee 27 Stormwater October 14 2025 Min.pdf B. City Council Members C. Mayor 8. Any Other Business A. TBD 9. Adjournment A. Adjourn Meeting Motion to adjourn Title VI Statement - The City of Asbury receives federal funding and may not discriminate against anyone on the basis of race, color, or national origin, according to Title VI of the Civil Rights Act of 1964. For more information or to obtain a Title VI Complaint form, call 563-556- 7106. Page 3 of 27 October 14, 2025 Council Proceedings The regular meeting of the Asbury City Council was called to order at 7:00 p.m. by Mayor Adams. Present: Councilmembers Domeyer, Kiessling, Klinkhammer, Miller and Reisch. This meeting was held in person and via zoom. Councilmember Miller moved to approve the consent agenda. Seconded by Councilmember Klinkhammer. Roll Call Vote: Kiessling-aye, Klinkhammer-aye, Miller-aye Reisch-aye and Domeyer-aye. Motion carried. (all ayes) A. City Council Minutes 9/23/25 Regular Meeting. B. Bills. C. Monthly Financial Reports. D. Resolution No. 123-2025, a resolution approving administrative transfers under provision of budget control ordinance FYE June 30, 2026. E. Resolution No. 124-2025, a resolution approving Stormwater Management Agreement with Swift Home Builders, Inc., for 2282 Helle Drive. F. Resolution No. 125-2025, a resolution approving Stormwater Management Agreement with Nadermann Development, Inc., for 2255 Eldie Drive. G. Resolution No. 126-2025, a resolution approving the purchase of a 2025 Chevrolet Tahoe for the Police Department. Councilmember Kiessling moved to receive and file the first quarter financial report. Seconded by Councilmember Miller. Motion carried. (all ayes) Councilmember Domeyer moved to approve Resolution No. 127-2025, a resolution adopting the FY 2027 Capital Improvement Plan. Seconded by Councilmember Kiessling. Roll Call Vote: Kiessling-aye, Klinkhammer-aye, Miller-aye Reisch-aye and Domeyer-aye. Motion carried. (all ayes) Councilmember Reisch moved to approve the following reports: 1) Police Report and 2) General Manager’s Report. Seconded by Councilmember Klinkhammer. Motion carried. (all ayes) Councilmember Reisch moved to adjourn the meeting at 7:49 p.m. Seconded by Councilmember Kiessling. Motion carried. (all ayes) Attest: Elizabeth Bonz City Administrator Date approved Mayor 1 Page 4 of 27 MSA Project Number: 00465339 This AGREEMENT (Agreement) is made effective _________________, 2025 by and between MSA PROFESSIONAL SERVICES, INC (MSA) Address: 400 Ice Harbor Drive, Dubuque, IA 52001 Phone: (563) 582-3973 Representative: Jake Huck Email: jhuck@msa-ps.com CITY OF ASBURY (OWNER) Address: 5290 Grand Meadow Drive, Asbury, IA 52002 Phone: 563-556-7106 Representative: James Adams Email: mayor@cityofasbury.com Project Name: 2026 Asphalt Roadway & Water Main Improvements The scope of the work authorized is: See Attachment A: Scope of Services The schedule to perform the work is: Approximate Start Date: October 2025 Approximate Completion Date: April 2026 The estimated fee for the work is: $79,600 All services shall be performed in accordance with the General Terms and Conditions of MSA, which is attached and made part of this Agreement. Any attachments or exhibits referenced in this Agreement are made part of this Agreement. Payment for these services will be on a time and expense basis. Attachment B: Rate Schedule is attached and made part of this Agreement Approval: Authorization to proceed is acknowledged by signatures of the parties to this Agreement. CITY OF ASBURY MSA PROFESSIONAL SERVICES, INC. James Adams Jake Huck Mayor Operations Leader Date: Date: 10/9/2025 Page 1 of 9 G:\00\00465\00465339\Contract\PSA.docx Page 5 of 27 MSA PROFESSIONAL SERVICES, INC. (MSA) GENERAL TERMS AND CONDITIONS OF SERVICES (PUBLIC) 1. Scope and Fee. The scope of Owner’s Project (the “Project”), scope of MSA’s services (the “Work”), for those services are defined in Attachment A. The scope and fee constitute a good faith estimate of the tasks and associated fees required to perform the services defined in Attachment A. This agreement upon execution by both parties hereto, can be amended only by written instrument signed by both parties. For those projects involving conceptual or process development service or involve renovation of an existing building or structure, activities often cannot be fully defined during initial planning. As the Project progresses, facts uncovered may reveal a change in direction which may alter the Work. MSA will promptly inform the OWNER in writing of such situations so that changes in this agreement can be made as required. 2. Owner’s Responsibilities. (a) Project Scope and Budget The OWNER shall define the scope and budget of the Project and, when applicable, periodically update the Project budget, including that portion allocated for the cost of the Work. The Project budget shall include contingencies for design, development, and, when required by the scope of the Project, construction of the Project. The OWNER shall not significantly increase or decrease the overall Project scope or schedule, the portion of the budget allocated for the cost of the Work, or contingencies included in the overall budget or a portion of the budget, without the agreement of MSA to a corresponding change in the Project scope, quality, schedule, and compensation of MSA. (b) Designated Owner Representative The OWNER shall identify a Designated Representative who shall be authorized to act on behalf of the OWNER with respect to the Project. OWNER’s Designated Representative shall render related decisions in a timely manner so as to avoid unreasonable delay in the orderly and sequential progress of MSA’s services. MSA shall not be liable for any error or omission made by OWNER, OWNER’s Designated Representative, or OWNER’s consultant. (c) Tests, Inspections, and Reports When required by the scope of the Project, the OWNER shall furnish tests, inspections, and reports required by law or the Contract Documents, such as planning studies; preliminary designs; structural, mechanical, or chemical tests; tests for air, water, or soil pollution; and tests for hazardous materials. (d) Additional Consultants MSA’s consultants shall be identified in Attachment A. The OWNER shall furnish the services of other consultants other than those designated in Attachment A, including such legal, financial, accounting, and insurance counseling services as may be required for the Project. (e) OWNER Provided Services and Information MSA shall be entitled to rely on the accuracy and completeness of services and information furnished by the OWNER, Designated OWNER Representative, or Consultant. MSA shall use reasonable efforts to provide prompt written notice to the OWNER if MSA becomes aware of any errors, omissions, or inconsistencies in such services or information. 3. Billing. MSA will bill the OWNER monthly with net payment due upon receipt. Balances due past thirty (30) days shall be subject to an interest charge at a rate of 18% per year from said thirtieth day. In addition, MSA may, after giving seven days written notice, suspend service under any agreement until the OWNER has paid in full all amounts due for services rendered and expenses incurred, including the interest charge on past due invoices. 4. Costs and Schedules. Costs (including MSA’s fees and reimbursable expenses) and schedule commitments shall be subject to change for delays caused by the OWNER's failure to provide specified facilities or information or for delays caused by unpredictable occurrences including, without limitation, fires, floods, riots, strikes, unavailability of labor or materials, delays or defaults, by suppliers of materials or services, process shutdowns, pandemics, acts of God or the public enemy, or acts of regulations of any governmental agency. Temporary delays of services caused by any of the above which result in additional costs beyond those outlined may require renegotiation of this agreement. 5. Access to Site. Owner shall furnish right-of-entry on the Project site for MSA and, if the site is not owned by Owner, warrants that permission has been granted to make planned explorations pursuant to the scope of Page 2 of 9 (General Terms & Conditions - Public) G:\00\00465\00465339\Contract\PSA.docx Page 6 of 27 services. MSA will take reasonable precautions to minimize damage to the site from use of equipment, but has not included costs for restoration of damage that may result and shall not be responsible for such costs. 6. Location of Utilities. Owner shall supply MSA with the location of all pre-existent utilities and MSA has the right to reasonably rely on all Owner supplied information. In those instances where the scope of services require MSA to locate any buried utilities, MSA shall use reasonable means to identify the location of buried utilities in the areas of subsurface exploration and shall take reasonable precautions to avoid any damage to the utilities noted. However, Owner agrees to indemnify and defend MSA in the event of damage or injury arising from damage to or interference with subsurface structures or utilities which result from inaccuracies in information of instructions which have been furnished to MSA by others. 7. Professional Representative. MSA intends to serve as the OWNER’s professional representative for those services as defined in this agreement, and to provide advice and consultation to the OWNER as a professional. Any opinions of probable project costs, reviews and observations, and other recommendations made by MSA for the OWNER are rendered on the basis of experience and qualifications and represents the professional judgment of MSA. However, MSA cannot and does not warrant or represent that proposals, bid or actual project or construction costs will not vary from the opinion of probable cost prepared by it. 8. Construction. When applicable to the scope of the Project, the OWNER shall contract with a licensed and qualified Contractor for implementation of construction work utilizing a construction contract based on an EJCDC construction contract and general conditions appropriate for the scope of the Project and for the delivery method. In the construction contract, the OWNER shall use reasonable commercial efforts to require the Contractor to (1) obtain Commercial General Liability Insurance with contractual liability coverage insuring the obligation of the Contractor, and name the OWNER, MSA and its employees and consultants as additionally insureds of that policy; (2) indemnify and hold harmless the OWNER, MSA and its employees and consultants from and against any and all claims, damages, losses, and expenses (“Claims”), including but not limited to reasonable attorney’s fees and economic or consequential damages arising in whole or in part out of the negligent act or omission of the contractor, and Subcontractor or anyone directly or indirectly employed by any of them. This agreement shall not be construed as giving MSA, the responsibility or authority to direct or supervise construction means, methods, techniques, sequence, or procedures of construction selected by the contractors or subcontractors or the safety precautions and programs incident to the work, the same being the sole and exclusive responsibility of the contractors or subcontractors. 9. Standard of Care. In conducting the services, MSA will apply present professional, engineering and/or scientific judgment, which is known as the “standard of care”. The standard of care is defined as that level of skill and care ordinarily exercised by members of the same profession practicing at the same point in time and in the same or similar locality under similar circumstances in performing the Services. The OWNER acknowledges that "current professional standards" shall mean the standard for professional services, measured as of the time those services are rendered, and not according to later standards, if such later standards purport to impose a higher degree of care upon MSA. MSA does not make any warranty or guarantee, expressed or implied, nor have any agreement or contract for services subject to the provisions of any uniform commercial code. Similarly, MSA will not accept those terms and conditions offered by the OWNER in its purchase order, requisition, or notice of authorization to proceed, except as set forth herein or expressly agreed to in writing. Written acknowledgement of receipt, or the actual performance of services subsequent to receipt of such purchase order, requisition, or notice of authorization to proceed is specifically deemed not to constitute acceptance of any terms or conditions contrary to those set forth herein. 10. Municipal Advisor. MSA Professional Services, Inc. is not acting as a ‘Municipal Advisor’ to the owner pursuant to Section 15B of the Exchange Act. For financial advice related to the corresponding project, the client is encouraged to discuss their finances with internal and/or external advisors and experts before making decisions incurring debt and/or supporting those obligations. MSA desires to serve each client well by providing the best information publicly available and is providing information as part of its engineering responsibilities to inform client options. The information is not intended to provide financial advice or recommendations and is not bound by the formal Municipal Advisor fiduciary duty. 11. Conduct Expectations. Owner and MSA understand their respective obligations to provide a safe, respectful work environment for their employees. Both parties agree that harassment on the job (unwelcome verbal, physical or other behavior that is related to sex, race, age, or protected class status) will not be tolerated and will be addressed timely and in compliance with anti-harassment laws. Page 3 of 9 (General Terms & Conditions - Public) G:\00\00465\00465339\Contract\PSA.docx Page 7 of 27 12. Electronic Documents and Transmittals. Owner and MSA agree to transmit and accept project related correspondence, documents, text, data, drawings and the like in digital format in accordance with MSA’s Electronic Data Transmittal policy. Each party is responsible for its own cybersecurity, and both parties waive the right to pursue liability against the other for any damages that occur as a direct result of electronic data sharing. 13. Building Information Modelling (BIM). For any projects, and not limited to building projects, utilizing BIM, OWNER and MSA shall agree on the appropriate level of modelling required by the project, as well as the degree to which the BIM files may be made available to any party using the Electronic Document Transmittal provisions of section 12 of this Agreement. 14. Construction Site Visits. If the scope of services includes services during the Construction Phase, MSA shall make visits to the site as specified in Attachment A– Scope of Services. MSA shall not, during such visits or as a result of such observations of Contractor's work in progress, supervise, direct or have control over Contractor's work nor shall MSA have authority over or responsibility for the means, methods, techniques, sequences or procedures of construction selected by Contractor, for safety precautions and programs incident to the work of Contractor or for any failure of Contractor to comply with laws, rules, regulations, ordinances, codes or orders applicable to Contractor's furnishing and performing the work. Accordingly, MSA neither guarantees the performance of any Contractor nor assumes responsibility for any Contractor's failure to furnish and perform its work in accordance with the Contract Documents. 15. Termination. This Agreement shall commence upon execution and shall remain in effect until terminated by either party, at such party's discretion, on not less than thirty (30) days' advance written notice. The effective date of the termination is the thirtieth day after the non-terminating party's receipt of the notice of termination. If MSA terminates the Agreement, the OWNER may, at its option, extend the terms of this Agreement to the extent necessary for MSA to complete any services that were ordered prior to the effective date of termination. If OWNER terminates this Agreement, OWNER shall pay MSA for all services performed prior to MSA's receipt of the notice of termination and for all work performed and/or expenses incurred by MSA in terminating Services begun after MSA's receipt of the termination notice. Termination hereunder shall operate to discharge only those obligations which are executory by either party on and after the effective date of termination. These General Terms and Conditions shall survive the completion of the services performed hereunder or the Termination of this Agreement for any cause. This agreement cannot be changed or terminated orally. No waiver of compliance with any provision or condition hereof should be effective unless agreed in writing and duly executed by the parties hereto. 16. Betterment. If, due to MSA’s error, any required or necessary item or component of the Project is omitted from the construction documents, MSA’s liability shall be limited to the reasonable costs of correction of the construction, less what OWNER’S cost of including the omitted item or component in the original construction would have been had the item or component not been omitted. It is intended by this provision that MSA will not be responsible for any cost or expense that provides betterment, upgrade, or enhancement of the Project. 17. Hazardous Substances. OWNER acknowledges and agrees that MSA has had no role in identifying, generating, treating, storing, or disposing of hazardous substances or materials which may be present at the Project site, and MSA has not benefited from the processes that produced such hazardous substances or materials. Any hazardous substances or materials encountered by or associated with Services provided by MSA on the Project shall at no time be or become the property of MSA. MSA shall not be deemed to possess or control any hazardous substance or material at any time; arrangements for the treatment, storage, transport, or disposal of any hazardous substances or materials, which shall be made by MSA, are made solely and exclusively on OWNER's behalf for OWNER's benefit and at OWNER's direction. Nothing contained within this Agreement shall be construed or interpreted as requiring MSA to assume the status of a generator, storer, treater, or disposal facility as defined in any federal, state, or local statute, regulation, or rule governing treatment, storage, transport, and/or disposal of hazardous substances or materials. All samples of hazardous substances, materials or contaminants are the property and responsibility of OWNER and shall be returned to OWNER at the end of a project for proper disposal. Alternate arrangements to ship such samples directly to a licensed disposal facility may be made at OWNER's request and expense and subject to this subparagraph. 18. Insurance. MSA will maintain insurance coverage for: Worker's Compensation, General Liability, and Professional Liability. MSA will provide information as to specific limits upon written request. If the OWNER requires coverages or limits in addition to those in effect as of the date of the agreement, premiums for additional Page 4 of 9 (General Terms & Conditions - Public) G:\00\00465\00465339\Contract\PSA.docx Page 8 of 27 insurance shall be paid by the OWNER. The liability of MSA to the OWNER for any indemnity commitments, or for any damages arising in any way out of performance of this contract is limited to such insurance coverages and amount which MSA has in effect. 19. Reuse of Documents. Reuse of any documents and/or services pertaining to this Project by the OWNER or extensions of this Project or on any other project shall be at the OWNER’s sole risk. The OWNER agrees to defend, indemnify, and hold harmless MSA for all claims, damages, and expenses including attorneys’ fees and costs arising out of such reuse of the documents and/or services by the OWNER or by others acting through the OWNER. 20. Indemnification. To the fullest extent permitted by law, MSA shall indemnify and hold harmless, OWNER, and OWNER’s officers, directors, members, partners, consultants, and employees (hereinafter “OWNER”) from reasonable claims, costs, losses, and damages arising out of or relating to the PROJECT, provided that any such claim, cost, loss, or damage is attributable to bodily injury, sickness, disease, or death, or to injury to or destruction of tangible property (other than the Work itself) including the loss of use resulting therefrom but only to the extent caused by any negligent act or omission of MSA or MSA’s officers, directors, members, partners, employees, or Consultants (hereinafter “MSA”). In no event shall this indemnity agreement apply to claims between the OWNER and MSA. This indemnity agreement applies solely to claims of third parties. Furthermore, in no event shall this indemnity agreement apply to claims that MSA is responsible for attorneys’ fees. This agreement does not give rise to any duty on the part of MSA to defend the OWNER on any claim arising under this agreement. To the fullest extent permitted by law, OWNER shall indemnify and hold harmless, MSA, and MSA’s officers, directors, members, partners, consultants, and employees (hereinafter “MSA”) from reasonable claims, costs, losses, and damages arising out of or relating to the PROJECT, provided that any such claim, cost, loss, or damage is attributable to bodily injury, sickness, disease, or death, or to injury to or destruction of tangible property (other than the Work itself) including the loss of use resulting therefrom but only to the extent caused by any negligent act or omission of the OWNER or the OWNER’s officers, directors, members, partners, employees, or Consultants (hereinafter “OWNER”). In no event shall this indemnity agreement apply to claims between MSA and the OWNER. This indemnity agreement applies solely to claims of third parties. Furthermore, in no event shall this indemnity agreement apply to claims that the OWNER is responsible for attorneys’ fees. This agreement does not give rise to any duty on the part of the OWNER to defend MSA on any claim arising under this agreement. To the fullest extent permitted by law, MSA’s total liability to OWNER and anyone claiming by, through, or under OWNER for any cost, loss or damages caused in part or by the negligence of MSA and in part by the negligence of OWNER or any other negligent entity or individual, shall not exceed the percentage share that MSA’s negligence bears to the total negligence of OWNER, MSA, and all other negligent entities and individuals. 21. Accrual of Claims. To the fullest extent permitted by Laws and Regulations, all causes of action arising under this Agreement will be deemed to have accrued, and all statutory periods of limitation will commence, no later than the date of Substantial Completion; or, if MSA’s services do not include Construction Phase services, or the Project is not completed, then no later than the date of Owner’s last payment to MSA. 22. Dispute Resolution. OWNER and MSA desire to resolve any disputes or areas of disagreement involving the subject matter of this Agreement by a mechanism that facilitates resolution of disputes by negotiation rather than by litigation. OWNER and MSA also acknowledge that issues and problems may arise after execution of this Agreement which were not anticipated or are not resolved by specific provisions in this Agreement. Accordingly, both OWNER and MSA will endeavor to settle all controversies, claims, counterclaims, disputes, and other matters thru mediation with a mutually agreed upon mediator. Demand for mediation shall be filed in writing with the other party to this Agreement. A demand for mediation shall be made within a reasonable time after the claim, dispute or other matter in question has arisen. In no event shall the demand for mediation be made after the date when institution of legal or equitable proceedings based on such claim, dispute or other matter in question would be barred by the applicable statute of limitations. Neither demand for mediation nor any term of this Dispute Resolution clause shall prevent the filing of a legal action where failing to do so may bar the action because of the applicable statute of limitations. If despite the good faith efforts of OWNER and MSA any controversy, claim, counterclaim, dispute, or other matter is not resolved through negotiation or mediation, OWNER and MSA agree and consent that such matter may be resolved through legal action in the court having jurisdiction as specified in this Agreement. Page 5 of 9 (General Terms & Conditions - Public) G:\00\00465\00465339\Contract\PSA.docx Page 9 of 27 23. Exclusion of Special, Indirect, Consequential and Liquidated Damages. MSA shall not be liable, in contract or tort or otherwise, for any special, indirect, consequential, or liquidated damages including specifically, but without limitation, loss of profit or revenue, loss of capital, delay damages, loss of goodwill, claim of third parties, or similar damages arising out of or connected in any way to the Project or this contract. 24. Limitation of Liability. Neither MSA, its Consultants (if any), nor their employees shall be jointly, severally, or individually liable to the OWNER in excess of the amount of the insurance proceeds available. 25. Successors and Assigns. The successors, executors, administrators, and legal representatives of Owner and MSA are hereby bound to the other party to this Agreement and to the successors, executors, administrators and legal representatives (and said assigns) of such other party, in respect of all covenants, agreements, and obligations of this Agreement. Neither party may assign, sublet, or transfer any rights under or interest (including, but without limitation, claims arising out of this Agreement or money that is due or may become due) in this Agreement without the written consent of the other party, which shall not be unreasonable withheld, except to the extent that any assignment, subletting, or transfer is mandated by law. 26. Notices. Any notice required under this Agreement will be in writing, and delivered: in person (by commercial courier or otherwise); by registered or certified mail; or by e-mail to the recipient, with the words “Formal Notice” or similar in the e-mail’s subject line. All such notices are effective upon the date of receipt. 27. Survival. Subject to applicable Laws and Regulations, all express representations, waivers, indemnifications, and limitations of liability included in this Agreement will survive its completion or termination for any reason. 28. Severability. Any provision or part of the Agreement held to be void or unenforceable under any Laws or Regulations will be deemed stricken, and all remaining provisions will continue to be valid and binding upon Owner and MSA. 29. No Waiver. A party’s non-enforcement of any provision will not constitute a waiver of that provision, nor will it affect the enforceability of that provision or of the remainder of this Agreement. 30. State Law. This agreement shall be construed and interpreted in accordance with the laws of the State of Wisconsin. 31. Jurisdiction. OWNER hereby irrevocably submits to the jurisdiction of the state courts of the State of Wisconsin for the purpose of any suit, action or other proceeding arising out of or based upon this Agreement. OWNER further consents that the venue for any legal proceedings related to this Agreement shall be Sauk County, Wisconsin. 32. Understanding. This agreement contains the entire understanding between the parties on the subject matter hereof and no representations. Inducements, promises or agreements not embodied herein (unless agreed in writing duly executed) shall be of any force or effect, and this agreement supersedes any other prior understanding entered into between the parties on the subject matter hereto. Page 6 of 9 (General Terms & Conditions - Public) G:\00\00465\00465339\Contract\PSA.docx Page 10 of 27 ATTACHMENT A: SCOPE OF SERVICES City of Asbury, Iowa 2026 Asphalt Roadway & Water Main Improvements PROJECT UNDERSTANDING The City Council’s adopted Capital Improvement Plan (CIP) lists several streets and portions of water main for maintenance and repair from year to year. As part of this project, the mentioned streets and sections of water main listed below will be improved upon. For next year (2026), the CIP calls for asphalt maintenance of streets including Green Crest Court, Deerborn Drive, Wintergreen Drive, Asbury Circle, Legacy Heights, and a portion of Middle Road west of Seippel Road. Along with roadway maintenance, the CIP accounts for water main improvements in 2026 along Green Crest Court, Wintergreen Drive, Parkside Drive, and Meadow Court. DATA COLLECTION PHASE TASKS • Conduct parcel research to identify existing right-of-way for project corridors. • Site visits to perform reconnaissance required to verify the presence of property pins and to identify existing site cover and conditions. • Coordinate with existing private utility companies to discuss project requirements and limits. • Conduct survey fieldwork to gather existing boundary data and topographic information and existing public and private utility locations. • Prepare a base map indicating locations of above ground contours, underground utilities, parcel data, property lines, and contours at 1-foot intervals to document site conditions for corridor. Detail shall be limited to roadway widths, intersection elevations and other relevant information for mill and overlay type road rehabilitation work. EXCLUSIONS These services are not included in the Scope of Services but may be provided for an additional fee if requested or as required during the design and construction process. • Topographic Survey, Design or Analysis outside of the defined Project Corridors. • Preparation of Easement or Property Acquisition Exhibits, as none are anticipated. PROJECT DESIGN PHASE TASKS • Review existing information for the site as provided by the City and private utility Page 7 of 9 (Attachment A: Scope of Services) G:\00\00465\00465339\Contract\PSA.docx Page 11 of 27 providers obtained during the project Data Collection Phase. • Attend meetings with City Staff to finalize the civil design elements of the overall project. Issues to be discussed include, but are not limited to, utility locations, functionality and conflicts or challenges. • Design rehabilitation of respective roadways. • Design water main improvements. • Prepare Assessment Plat and Schedule for water service line replacements. • Attend informational meetings with affected property owners in addition to City representatives to discuss project impact on the respective properties. • Prepare final plan and profile documents. • Provide internal Quality Assurance and Quality Review of all design calculations and construction documents. • Provide Engineer’s Estimate of Cost for improvements. • Complete Iowa DNR water construction and NPDES permit process. EXCLUSIONS These services are not included in either the Scope but may be provided for an additional fee if requested or if required during the design or construction process. • Environmental, Geotechnical, Wetland or Archeological Investigations and Analysis. • Construction Related Engineering Services, Inspection and Construction Staking. • Design of any improvements beyond the project site boundary. • Permitting (unless otherwise noted) and legal fees. • ADA design. BIDDING PHASE As required by State of Iowa Code for all public infrastructure projects with significant capital costs, project specifications, bid documents and contracts will be prepared on behalf of the City of Asbury. MSA will facilitate the bidding process and attempt to foster as competitive environment as the market and local interest allows. TASKS 1. Develop respective Project Specifications, Manual, Bid Tabulation and Advertisement. 2. Prepare hard-copy Plans and Specifications for distribution to Suppliers, Bidders, and interested parties. 3. Answer Bidder’s questions and address relevant modification with addenda if necessary. 4. Attend and facilitate Bid Opening, Prepare Tabulation of responsive Bidders, Evaluate Bids for inconsistencies, provide recommendation to City Council. Page 8 of 9 (Attachment A: Scope of Services) G:\00\00465\00465339\Contract\PSA.docx Page 12 of 27 ATTACHMENT B: RATE SCHEDULE CLASSIFICATION LABOR RATE Administrative ............................................................................................ $ 85 – $154/hr. Architects ................................................................................................... $ 85 – $198/hr. Community Development Specialists ......................................................... $137 – $198/hr. Digital Design ............................................................................................. $115 – $151/hr. Environmental Scientists/Hydrogeologists.................................................. $110 – $193/hr. Geographic Information Systems (GIS) ...................................................... $100 – $193/hr. Housing Administration .............................................................................. $ 97 – $198/hr. Inspectors/Zoning Administrators ............................................................... $110 – $160/hr. IT Support .................................................................................................. $175 – $193/hr. Land Surveying .......................................................................................... $ 85 – $198/hr. Landscape Designers & Architects............................................................. $ 85 – $220/hr. Planners..................................................................................................... $ 85 – $215/hr. Principals ................................................................................................... $225 – $314/hr. Professional Engineers/Designers of Engineering Systems ....................... $155 – $204/hr. Project Managers ....................................................................................... $120 – $248/hr. Real Estate Professionals .......................................................................... $140 – $193/hr. Staff Engineers .......................................................................................... $ 85 – $149/hr. Technicians ................................................................................................ $100 – $151/hr. Wastewater Treatment Plant Operator ....................................................... $ 92 – $118/hr. Labor rates represent an average or range for a particular job classification. These rates are in effect until December 31, 2025. REIMBURSABLE EXPENSES Copies/Prints ............................................................................. Rate based on volume Specs/Reports ................................................................ $10 Copies ............................................................................ $0.14/ page ....................................................................................... $0.16/page for DOT Plots ............................................................................... $0.01/sq.in. Flash Drive ..................................................................... $10 GPS Equipment ......................................................................... $20/hour - $11.25/hour for DOT GPS R2 Equipment ................................................................... $20/hour - $2/hour for DOT Dini Laser Level ......................................................................... $85/per day - $86/day for DOT Mailing/UPS ............................................................................... At cost Mileage – Reimbursement ......................................................... IRS Rate – IRS Rate + $5/day Mileage – MSA Vehicle .............................................................. $0.70/mile standard/ .................................................................................................. $0.74/mile for DOT Nuclear Density Testing ............................................................. $30/day - $35/day for DOT Organic Vapor Field Meter ......................................................... $100/day PC/CADD Machine .................................................................... Included in labor rates Robotic Survey Equipment ......................................................... $20/hour - $11/hour for DOT Stakes/Lath/Rods....................................................................... At cost Travel Expenses, Lodging, & Meals ........................................... At cost Traffic Counting Equipment & Data Processing.......................... At cost Geodimeter ................................................................................ $30/hour Drone Flight ............................................................................... $375/flight - $330/flight for DOT Expense rates represent an average or range for a particular category. These rates are in effect until December 31, 2025. Page 9 of 9 (Attachment B: Rate Schedule) G:\00\00465\00465339\Contract\PSA.docx Page 13 of 27 To: Honorable Mayor and Asbury City Council From: Blaine A. Telford, PWD Re: 2025 Sewer Rehab Recommendations Honorable Mayor and City Council, Please see the attached proposal and rehab recommendations sheet from Central Iowa Televising in the amount of $98,301.64 to perform critical rehab services on multiple sections of sanitary sewer main. This is carry-over work that was found during the last several years of sewer cleaning and televising. The items on the rehab recs sheet highlighted in blue are what’s proposed for repair. The completion of these maintenance items aligns with our efforts to decrease the amount of infiltration and inflow and will increase the overall performance of the sanitary sewer collection system. We currently have $100,000.00 budgeted for the 2026 fiscal year for sanitary sewer collection system maintenance and rehab. It is my recommendation to use those funds to complete the work proposed by CIT. Please take some time to review the attached documents and contact me with any questions or concerns you may have regarding the proposal. Thanks so much! Respectfully, Blaine A. Telford, PWD Page 14 of 27  Central Iowa Televising LLC Phone 515­434­2248 530 Dubois Avenue Email coltin@citsewer.com McCallsburg, IA 50154 Web citsewer.com Estimate #EST 3017 CIT Sewer Solutions Service Address City of Asbury 5290 Grand Meadow Dr Asbury, IA 52002 Phone: 563­556­7106 Ext. 205 Summary Asbury Rehab Proposal ­ 2020­2022 Rehab ­ 100K Item Description Price Qty Amount Mobilization Mobilization ­ Per Truck $2,138.56 4.00 $8,554.24 Lateral Launch Lateral Launch ­ Per Service $440.00 13.00 $5,720.00 Hydro Root Cutting Hydro Root Cutting 8"­10" ­ Estimated $1.73 380.00 $657.40 Footage CIPP Point Repair 8" x 4' CIPP Point Repair $3,500.00 17.00 $59,500.00 Robotic Cutting ­ Hourly Robotic Cutting ­ Estimated Time $550.00 8.00 $4,400.00 Hourly CCTV / FT CCTV Inspection ­ Estimated Footage $1.20 1,100.00 $1,320.00 CIPP Point Repair 10" x 15' CIPP Point Repair $13,000.00 1.00 $13,000.00 CIPP Point Repair 10" x 4' CIPP Point Repair $3,500.00 1.00 $3,500.00 Grouting ­ Per Gallon Grouting ­ 3 Gallon Minimum $550.00 3.00 $1,650.00 Subtotal $98,301.64 Tax $0.00 Total $98,301.64 Notes: 1 of 4 This document is not an invoice. Page 15 of 27 All estimates are valid for thirty (30) days. If acceptance is received after this period has lapsed, the job may require a new estimate. ▢ Customer acknowledges that all equipment mobilized for work will be invoiced according to the above quote. If customer decides not to complete the work after mobilization, customer will be invoiced for the quoted amount. ▢ Check box if customer would like to be notified prior to exceeding hourly estimated time. If box is not checked, customer will be invoiced for the time needed to complete the work. TERMS & CONDITIONS: A confined space has limited or restricted means for entry or exit and is not designed for continuous occupancy. Confined spaces include, but are not limited to, tanks, vessels, silos, storage bins, hoppers, vaults, pits, manholes, tunnels, ductwork, pipelines, etc. In the event that a confined space entry is needed a daily service fee of $150 will be added to your end bill. IDLE TIME: $385/Hour/Truck ­ Time exceeding 30 min for water fill, debris disposal, customer representative authorization, or other factors not related to CIT's responsibilities while performing the agreed job scope will be considered Idle Time and shall be charged at a prorated rate once that limit is exceeded. CHANGE ORDER: Request for any additional work not included in the provisions of these specifications will be negotiated between Customer and CIT via Change Order. Must be signed and dated by all parties before additional work can begin. PAYMENT: CIT Sewer Solutions (CIT) standard payment terms are 30 days, unless agreed upon in writing prior to the start of the project. All past due accounts will be charged a rate of 4% per month. PLANS: Customer will provide maps or prints of sewer lines to be cleaned and inspected. The lines that are scheduled for inclusion in the project will be clearly marked/highlighted. Customer will provide reference numbers for all manholes. CIT will use the city’s reference numbers on the written and video reports. SCHEDULING AND EXECUTION OF WORK: Customer will give CIT a notice to proceed after all contracts have been executed and all necessary forms or insurance certificates have been collected by either CIT or the Customer. Customer and CIT will establish a schedule that identifies a project itinerary that is mutually beneficial to both parties within the performance period. WORK AND MATERIALS PROVIDED BY CUSTOMER: Customer will provide the following at no cost to CIT: 1) Community awareness that sewer maintenance is scheduled with CIT. 2) Instructions for CIT on how to respond to residents that approach CIT during the project. 3) Inform CIT of history of sewers with known sewer system failures. 4) Legal and physical access to manholes on portion of sewer included in the project 5) Exposure of buried manholes and seized manhole lids loosened prior to CIT mobilizing. 6) Any excavation, opening, back filling and/or repair of sewers and/or streets required to remove CIT’s equipment caught in the sewer pipe due to sewer defects. 7) A person to act as a liaison between Customer and CIT for the duration of the project that will also be able to familiarize CIT with locations of sewers and manholes. 8) Water for cleaning sewer and access to nearest fire hydrant. 9) A secure storage area to accommodate CIT’s equipment, vehicles, and materials. 10) A location near worksite where debris removed from sewer cleaning can be deposited. 2 of 4 This document is not an invoice. Page 16 of 27 WORK AND MATERIALS PRIVDED BY CIT: Sewer Cleaning: 1) Sewers will be cleaned by removing grit, loose solids, and grease. 2) There will be no more than 5% of the pipe diameter of these types of debris left in the lines prior to televising. This does not include the removal of hard deposits. 3) The cleaning equipment with truck mounted combination water jet/vac unit. Prior to the sewer cleaning operation, Customer and CIT will agree upon a sewer cleaning sequence. In general the sewer cleaning process will proceed from the upper ends of each sewer basin to the lower ends. 4) Debris will be removed by vacuum to prevent workers from entering manholes. CIT will collect and transport all debris removed during the sewer cleaning operations to the facility of Customer choice. CIPP Point Repair: 1) Comply with ASTM F1216 and Sudas 2020 Section 4050 – Pipe Rehabilitation. Robotic Cutting: 1) There will be a 95% opening of the obstruction when the work is completed. 2) CIT will not be responsible for any damages to the pipe/liner that could be caused from removing the obstruction. This would also include any infiltration that could be caused from removing the obstruction. Sewer Inspection: 1) Video Inspection will be performed by a NASSCO certified PACP operator. 2) CIT will perform closed circuit video inspections of the sewer using current state of the art technology and trained employees. 3) CCTV camera will be high resolution color with adjustable iris focus. 4) CCTV camera will have pan and tilt capabilities that allow up close and right­angle inspections of defects and other significant observations. 5) Video camera will be equipped with 1,000’ of video cable. 6) Video camera, television monitor, and other components of the video system will produce a high­quality video image. 7) Footage distance measured by the video system will be accurate within 1% and will be used to determine footages for reporting and billing purposes. The center line between manholes will be the reference points used to determine footage measurements. Sewer Inspection Reporting: 1) Video inspection and reporting software will be NASSCO approved software. 2) All observations will be chosen from a standard table of descriptions incorporated in the video reporting software. 3) CIT will make a color recording on a flash drive of all sewers inspected and will provide a corresponding paper report generated by the video inspection software. The video recording will include on­screen observation identifications that label continuous footages, defects, pipe diameter, direction of flow, direction of viewing, manhole and street reference locations. Video inspections recorded on a flash drive allow indexing of video files for faster viewing by Customer. INSURANCE: CIT will maintain General Liability and Auto Liability Insurance throughout the duration of the contract with limits not less than $1,000,000 General Liability, $1,000,000 Auto and $500,000 Workers Compensation Employers Liability. Proof of insurance in the form of an insurance certificate will be issued to the Customer prior to the start of the project. 3 of 4 This document is not an invoice. Page 17 of 27 Customer Signature I agree to pay the cost of services as specified above. Date 7/28/2025 4 of 4 This document is not an invoice. Page 18 of 27 RESOLUTION NO. -2025 CITY OF ASBURY, IOWA A RESOLUTION APPROVING A PROPOSAL FROM CENTRAL IOWA TELEVISING TO PERFORM CRITICAL REHAB SERVICES ON THE SANITARY SEWER MAIN. Be It Resolved by the City Council of the City of Asbury, Iowa: The City Council approves a Proposal from Central Iowa Televising to perform critical rehab services on the sanitary sewer main. Passed and approved this 28th day of October, 2025. ______________________________ Mayor Attest: ___________________________________ City Administrator Page 19 of 27 Page 20 of 27 Page 21 of 27 Page 22 of 27 Page 23 of 27 Page 24 of 27 Page 25 of 27 Page 26 of 27 Storm Water Utility Committee Minutes October 14, 2025 The meeting was called to order at 5:31 p.m. Present: Karen Klinkhammer, Bob Reisch, Kathy Bahl, Jessica Anderschau, Steve Thompson and Adam Mueller. Also present were: Beth Bonz and Eric Schmechel. Mueller moved to approve the minutes from the 4/8/25 Meeting. Seconded by Thompson. Motion carried. (all ayes) The committee reviewed the Capital Improvement Plan Stormwater Projects and proposed FY 27 Budget. Eric Schmechel will review and update the cost share plan, funding maximum and prepare examples of eligible projects. The committee reviewed the City’s mowing plan and will have it reviewed by a team of UNI students for potential natural areas and reduction in mowing costs. Also discussed were future community awareness ideas. Beth Bonz Page 27 of 27

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