City Council Meeting

City Council Meeting - Nov 25 2025 Agenda Tuesday, November 25, 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 35  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 11/12/25 Meeting. 4-5 Nov12.25 Regular Meeting Minutes.pdf B. Payroll and Monthly Bills. 6 - 18 Payroll Nov 21.2025.pdf Transmittal Register Monthly Oct 5th 25- Nov 15th 25.pdf Bills Page 11.25.2025.pdf C. Resolution No. 139-2025, a resolution approving a PSA for 19 - 30 MSA Professional Services for the Asbury West Trail Extension. PSA Asbury West Trail Res.pdf Asbury West Trail PSA.pdf D. Receive and file the Abstract of Votes from the November 31 2025 Election. Abstract of Votes.pdf E. Consent Vote Motion to approve Consent Agenda Items 3. New Business A. Rick Dickinson, President and CEO of Greater Dubuque Development Corporation. B. Appointments. The Building Code Commission recommends Jessica Anderschau to fill a term expiring on 8/27/2028. Kim Parcher reappointment to Board of Adjustment for 5 year term expiring on 04/14/2029. C. Resolution No. 140-2025, a resolution to set the date for 32 - 34 public hearing on the plans and specifications for the Asbury Road/Hales Mill Road Roundabout Project. Set Date Public Hearing Hales Mill Road Roundabout Project Res.pdf 4. Public Comment for New Items Not Previously Presented 5. Reports Page 2 of 35  A. Building Code Commission 35 BuildingCodeMinutes.October27.2025.pdf B. City Council Members C. Mayor 6. Any Other Business A. Oath of Office. 7. Adjournment Motion to Adjourn the meeting. 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 35 November 12, 2025 Council Proceedings The regular meeting of the Asbury City Council was called to order at 7:02 p.m. by Mayor Adams (virtual). Present: Councilmembers Domeyer, Kiessling, Klinkhammer, Miller and Reisch. This meeting was held in person and via zoom. Councilmember Reisch moved to approve the consent agenda without Item F. Seconded by Councilmember Kiessling. Roll Call Vote: Klinkhammer-aye, Miller-aye, Reisch-aye, Domeyer-aye and Kiessling-aye. Motion carried. (all ayes) A. City Council Minutes 10/28/25 Regular Meeting. B. Bills. C. Monthly Financial Reports. D. Resolution No. 134-2025, a resolution approving administrative transfers under provision of budget control ordinance FYE June 30, 2026. E. Resolution No. 135-2025, a resolution approving to vacate an utility easement on Lot 15 and 16 of North Point Estates. F. Resolution No. 136-2025, a resolution setting salaries for appointed officers and employees of the City of Asbury for the year beginning July 1, 2025 and ending June 30, 2026. Councilmember Kiessling moved to approve Resolution No. 136-2025, a resolution setting salaries for appointed officers and employees of the City of Asbury for the year beginning July 1, 2025 and ending June 30, 2026. Seconded by Councilmember Miller. Roll Call Vote: Klinkhammer-aye, Miller-aye, Reisch-aye, Domeyer-aye and Kiessling-aye. Motion carried. (all ayes) Councilmember Kiessling moved to not move forward with fixing the sanitary sewer lateral and explore early demolition of 5163 Asbury Road. Seconded by Councilmember Klinkhammer. Motion carried. (all ayes) Councilmember Domeyer moved to approve Resolution No. 137-2025, a resolution approving the FY 2025 Annual Urban Renewal Report. Seconded by Councilmember Miller. Roll Call Vote: Klinkhammer-aye, Miller-aye, Reisch-aye, Domeyer-aye and Kiessling-aye. Motion carried. (all ayes) Councilmember Klinkhammer moved to approve Resolution No. 138-2025, a resolution approving the FY 2027 TIF Certification. Seconded by Councilmember Miller. Roll Call Vote: Klinkhammer-aye, Miller-aye, Reisch-aye, Domeyer-aye and Kiessling-aye. Motion carried. (all ayes) Councilmember Reisch moved to enter into Closed Session per Iowa Code Section 21.5 (1) (C) of the Iowa Code at 7:28 p.m. Seconded by Councilmember Klinkhammer. Roll Call Vote: Klinkhammer-aye, Miller-aye, Reisch-aye, Domeyer-aye and Kiessling-aye. Motion carried. (all ayes) 1 Page 4 of 35 Councilmember Reisch moved to adjourn the Closed Session at 8:38 p.m. and return to regular session. Seconded by Councilmember Kiessling. Roll Call Vote: Klinkhammer-aye, Miller- aye, Reisch-aye, Domeyer-aye and Kiessling-aye. Motion carried. (all ayes) Councilmember Reisch moved to proceed with what was discussed in closed session. Seconded by Councilmember Klinkhammer. Motion carried. (all ayes) Councilmember Klinkhammer moved to approve the following reports: 1) Park Board; 2) Police Report and 3) General Manager’s Report. Seconded by Councilmember Domeyer. Motion carried. (all ayes) Councilmember Kiessling moved to adjourn the meeting at 8:42 p.m. Seconded by Councilmember Klinkhammer. Motion carried. (all ayes) Attest: Elizabeth Bonz City Administrator Date approved Mayor 2 Page 5 of 35 City of Asbury Check Register - Employee Checks by Check Number Page: 1 Pay Period Dates: 11/02/2025 - 11/15/2025 Nov 19, 2025 12:17PM Report Criteria: Includes the following check types: Manual, Payroll, Supplemental, Termination, Void Includes unprinted checks Pay Period Journal Check Check Payee Date Code Issue Date Number Payee ID Description GL Account Amount D 11/15/2025 PC 11/21/2025 7981 BURKE, SARA 101 999-000-1110 1,932.18- D 11/15/2025 PC 11/21/2025 7982 BONZ, ELIZABETH A 104 999-000-1110 3,319.61- D 11/15/2025 PC 11/21/2025 7983 HUMMEL, DOUGLAS R 105 999-000-1110 1,687.72- D 11/15/2025 PC 11/21/2025 7984 FRAZIER, JOYCE L 108 999-000-1110 430.03- D 11/15/2025 PC 11/21/2025 7985 FRAZIER, JOYCE L 108 999-000-1110 1,156.57- D 11/15/2025 PC 11/21/2025 7986 SCHERBRING, REBECCA L 109 999-000-1110 1,619.54- D 11/15/2025 PC 11/21/2025 7987 LIDDLE, ROBERT R 335 999-000-1110 2,145.63- D 11/15/2025 PC 11/21/2025 7988 BANNON, ANDREW M 342 999-000-1110 1,799.85- D 11/15/2025 PC 11/21/2025 7989 GODSEY, JAMES M 344 999-000-1110 2,328.52- D 11/15/2025 PC 11/21/2025 7990 DICKEY, DERIK A 345 999-000-1110 1,684.14- D 11/15/2025 PC 11/21/2025 7991 UHLENHOPP, KARTER L 346 999-000-1110 2,229.07- D 11/15/2025 PC 11/21/2025 7992 HAMES, STEVEN J 347 999-000-1110 1,573.42- D 11/15/2025 PC 11/21/2025 7993 HENNEBERRY, THOMAS W 503 999-000-1110 3,081.59- D 11/15/2025 PC 11/21/2025 7994 FOX, BRENT M 532 999-000-1110 2,604.50- D 11/15/2025 PC 11/21/2025 7995 SIEMIONKO, STEVEN E 538 999-000-1110 2,309.16- D 11/15/2025 PC 11/21/2025 7996 MORRIS, TERRENCE B 545 999-000-1110 522.53- D 11/15/2025 PC 11/21/2025 7997 MORRIS, TERRENCE B 545 999-000-1110 2,403.45- D 11/15/2025 PC 11/21/2025 7998 LAMEY, JOSHUA J 554 999-000-1110 2,266.65- D 11/15/2025 PC 11/21/2025 7999 BLAKEMORE, BRANDEN M 555 999-000-1110 2,266.65- D 11/15/2025 PC 11/21/2025 8000 TELFORD, BLAINE A 601 999-000-1110 3,075.76- D 11/15/2025 PC 11/21/2025 8001 HAWKINS, JEREMY 2001 999-000-1110 2,875.36- D 11/15/2025 PC 11/21/2025 8002 MURPHY, PATRICK J 2011 999-000-1110 134.26- D 11/15/2025 PC 11/21/2025 8003 LINK, ALEXANDER R 2041 999-000-1110 284.59- D 11/15/2025 PC 11/21/2025 8004 BURGMEIER, BO B 2044 999-000-1110 1,345.94- D 11/15/2025 PC 11/21/2025 8005 DEKOTER, JORDAN A 2061 999-000-1110 36.01- D 11/15/2025 PC 11/21/2025 8006 SCHIMBKE, WILLIAM T 2062 999-000-1110 41.52- D 11/15/2025 PC 11/21/2025 8007 EDDY, GAVIN P 2067 999-000-1110 78.65- D 11/15/2025 PC 11/21/2025 8008 LOOMIS, EMMETT J 2069 999-000-1110 13.25- D 11/15/2025 PC 11/21/2025 8009 MALONEY, HENRY H 2070 999-000-1110 68.66- D 11/15/2025 PC 11/21/2025 8010 ANDERSON, DANIEL R 2071 999-000-1110 209.76- D 11/15/2025 PC 11/21/2025 8011 DANIELSON, RYAN L 2073 999-000-1110 49.87- D 11/15/2025 PC 11/21/2025 8012 PORTER, COOPER D 2076 999-000-1110 19.40- D 11/15/2025 PC 11/21/2025 8013 PAULSON, CALEB M 2077 999-000-1110 13.85- D 11/15/2025 PC 11/21/2025 8014 HEIM, TWILA J 3001 999-000-1110 1,246.72- D 11/15/2025 PC 11/21/2025 8015 KLUESNER, KATIE E 3094 999-000-1110 270.67- D 11/15/2025 PC 11/21/2025 8016 BALSBAUGH, LEAH M 3102 999-000-1110 219.20- D 11/15/2025 PC 11/21/2025 8017 SCHUMACHER, MACKENZIE R 3104 999-000-1110 200.47- D 11/15/2025 PC 11/21/2025 8018 WILLE, GREG E 5001 999-000-1110 2,675.10- D 11/15/2025 PC 11/21/2025 8019 HANCOCK, MATTHEW M 5002 999-000-1110 1,951.23- D 11/15/2025 PC 11/21/2025 8020 KUTSCH, DUANE W 5057 999-000-1110 436.33- D 11/15/2025 PC 11/21/2025 8021 BIRKEL, DENNIS C 5059 999-000-1110 461.96- D 11/15/2025 PC 11/21/2025 8022 LINK, MARK E 5070 999-000-1110 638.34- D 11/15/2025 PC 11/21/2025 8023 STEWART, KYLE E 5077 999-000-1110 444.27- D 11/15/2025 PC 11/21/2025 8024 DENLINGER, ROGER R 5079 999-000-1110 361.68- D Grand Totals: 54,513.66- 44 D = Direct Deposit Page 6 of 35 City of Asbury Check Register - Employee Checks by Check Number Page: 2 Pay Period Dates: 11/02/2025 - 11/15/2025 Nov 19, 2025 12:17PM Signature Lines Dated: Mayor: City Council: City Recorder: Report Criteria: Includes the following check types: Manual, Payroll, Supplemental, Termination, Void Includes unprinted checks D = Direct Deposit Page 7 of 35 City of Asbury Transmittal Register - Current Payroll Period Page: 1 Pay Period Dates: 10/5/2025 to 11/15/2025 Nov 20, 2025 10:05AM Report Criteria: Paid transmittals included Unpaid transmittals included Transmittal Check Pay Per Pay GL Number Name Number Date Code Description Account Amount 1 1 EFTPS 1301912 10/18/2025 74-00 FED/FICA TAX SOCIAL SECURITY Pa 001-050-2121 4,704.37 1 EFTPS 1301912 10/18/2025 74-00 FED/FICA TAX SOCIAL SECURITY Pa 001-050-2121 4,704.37 1 EFTPS 1301912 10/18/2025 75-00 FED/FICA TAX MEDICARE Pay Period: 001-050-2121 1,100.21 1 EFTPS 1301912 10/18/2025 75-00 FED/FICA TAX MEDICARE Pay Period: 001-050-2121 1,100.21 1 EFTPS 1301912 10/18/2025 76-00 FED/FICA TAX FEDERAL WITHHOLDI 001-050-2120 6,100.71 1 EFTPS 1301917 11/01/2025 74-00 FED/FICA TAX SOCIAL SECURITY Pa 001-050-2121 4,821.94 1 EFTPS 1301917 11/01/2025 74-00 FED/FICA TAX SOCIAL SECURITY Pa 001-050-2121 4,821.94 1 EFTPS 1301917 11/01/2025 75-00 FED/FICA TAX MEDICARE Pay Period: 001-050-2121 1,127.68 1 EFTPS 1301917 11/01/2025 75-00 FED/FICA TAX MEDICARE Pay Period: 001-050-2121 1,127.68 1 EFTPS 1301917 11/01/2025 76-00 FED/FICA TAX FEDERAL WITHHOLDI 001-050-2120 6,128.44 1 EFTPS 1301918 11/15/2025 74-00 FED/FICA TAX SOCIAL SECURITY Pa 001-050-2121 4,535.74 1 EFTPS 1301918 11/15/2025 74-00 FED/FICA TAX SOCIAL SECURITY Pa 001-050-2121 4,535.74 1 EFTPS 1301918 11/15/2025 75-00 FED/FICA TAX MEDICARE Pay Period: 001-050-2121 1,060.76 1 EFTPS 1301918 11/15/2025 75-00 FED/FICA TAX MEDICARE Pay Period: 001-050-2121 1,060.76 1 EFTPS 1301918 11/15/2025 76-00 FED/FICA TAX FEDERAL WITHHOLDI 001-050-2120 5,971.47 Total 1: 52,902.02 2 2 TREASURER-STATE OF I 1301915 10/18/2025 77-02 STATE TAXES IL IL STATE WITHHOLDI 001-050-2122 160.95 2 TREASURER-STATE OF I 1301921 11/01/2025 77-02 STATE TAXES IL IL STATE WITHHOLDI 001-050-2122 159.49 2 TREASURER-STATE OF I 1301921 11/15/2025 77-02 STATE TAXES IL IL STATE WITHHOLDI 001-050-2122 154.16 Total 2: 474.60 3 3 SALES/USE TAX PROCES 1301914 10/18/2025 77-01 STATE TAXES IA IA STATE WITHHOLD 001-050-2122 1,759.73 3 SALES/USE TAX PROCES 1301920 11/01/2025 77-01 STATE TAXES IA IA STATE WITHHOLD 001-050-2122 1,780.24 3 SALES/USE TAX PROCES 1301920 11/15/2025 77-01 STATE TAXES IA IA STATE WITHHOLD 001-050-2122 1,731.34 Total 3: 5,271.31 4 4 IPERS 1301913 10/18/2025 50-01 IPERS IPERS GENERAL Pay Period: 1 001-050-2123 3,419.07 4 IPERS 1301913 10/18/2025 50-01 IPERS IPERS GENERAL Pay Period: 1 001-050-2123 5,180.90 4 IPERS 1301913 10/18/2025 50-01 IPERS IPERS GENERAL Pay Period: 1 001-620-6010 33.02 4 IPERS 1301913 10/18/2025 50-02 IPERS IPERS POLICE Pay Period: 10/ 001-050-2123 1,314.65 4 IPERS 1301913 10/18/2025 50-02 IPERS IPERS POLICE Pay Period: 10/ 001-050-2123 1,906.09 4 IPERS 1301916 10/18/2025 50-01 IPERS IPERS GENERAL Pay Period: 1 001-050-2123 1.93- 4 IPERS 1301916 10/18/2025 50-01 IPERS IPERS GENERAL Pay Period: 1 001-050-2123 2.89- 4 IPERS 1301919 11/01/2025 50-01 IPERS IPERS GENERAL Pay Period: 1 001-050-2123 3,442.62 4 IPERS 1301919 11/01/2025 50-01 IPERS IPERS GENERAL Pay Period: 1 001-050-2123 5,166.63 4 IPERS 1301919 11/01/2025 50-02 IPERS IPERS POLICE Pay Period: 11/ 001-050-2123 1,398.17 4 IPERS 1301919 11/01/2025 50-02 IPERS IPERS POLICE Pay Period: 11/ 001-050-2123 2,027.20 4 IPERS 1301919 11/15/2025 50-01 IPERS IPERS GENERAL Pay Period: 1 001-050-2123 3,348.31 4 IPERS 1301919 11/15/2025 50-01 IPERS IPERS GENERAL Pay Period: 1 001-050-2123 5,025.12 4 IPERS 1301919 11/15/2025 50-02 IPERS IPERS POLICE Pay Period: 11/ 001-050-2123 1,339.48 4 IPERS 1301919 11/15/2025 50-02 IPERS IPERS POLICE Pay Period: 11/ 001-050-2123 1,942.09 Total 4: 35,538.53 Page 8 of 35 City of Asbury Transmittal Register - Current Payroll Period Page: 2 Pay Period Dates: 10/5/2025 to 11/15/2025 Nov 20, 2025 10:05AM Transmittal Check Pay Per Pay GL Number Name Number Date Code Description Account Amount Grand Totals: 94,186.46 Report Criteria: Paid transmittals included Unpaid transmittals included Page 9 of 35 Page 10 of 35 Page 11 of 35 Page 12 of 35 Page 13 of 35 Page 14 of 35 Page 15 of 35 Page 16 of 35 Page 17 of 35 Page 18 of 35  RESOLUTION NO. -2025 CITY OF ASBURY, IOWA A RESOLUTION APPROVING A PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF ASBURY AND MSA PROFESSIONAL SERVICES FOR THE ASBURY WEST TRAIL EXTENSION PROJECT. Be It Resolved by the City Council of the City of Asbury, Iowa: The City Council approves a Professional Services Agreement between the City of Asbury and MSA Professional Services for the Asbury West Trail Extension Project. The Mayor is authorized to sign the Professional Services Agreement on behalf of the City of Asbury, Iowa. Passed and approved this 25th day of November, 2025. ______________________________ Mayor Attest: ___________________________________ City Administrator Page 19 of 35  MSA Project Number: 00465323 This AGREEMENT (Agreement) is made effective today, __________________________ by and between MSA PROFESSIONAL SERVICES, INC (MSA) Address: 400 Ice Harbor Drive Suite 110, Dubuque, IA 52001 Phone: (563) 582-3973 Representative: Nate Stevenson Email: nstevenson@msa-ps.com CITY OF ASBURY (OWNER) Address: 5290 Grand Meadow Drive Suite 1, Asbury, IA 52002 Phone: (563) 556-7106 Representative: Beth Bonz Email: ebonz@cityofasbury.com Project Name: Asbury West Trail Extension The scope of the work authorized is: See Attachment A: Scope of Services The schedule to perform the work is: Approximate Start Date: November 2025 Approximate Completion Date: December 2026 The estimated fee for the work is: $156,100.00 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: 11-20-2025 Page 1 of 11 G:\00\00465\00465323\Contract\00465323 - Asbury West Trail PSA.docx Page 20 of 35  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 11 (General Terms & Conditions - Public) G:\00\00465\00465323\Contract\00465323 - Asbury West Trail PSA.docx Page 21 of 35 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 11 (General Terms & Conditions - Public) G:\00\00465\00465323\Contract\00465323 - Asbury West Trail PSA.docx Page 22 of 35  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 11 (General Terms & Conditions - Public) G:\00\00465\00465323\Contract\00465323 - Asbury West Trail PSA.docx Page 23 of 35 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 Engineer’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 Engineer. 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 11 (General Terms & Conditions - Public) G:\00\00465\00465323\Contract\00465323 - Asbury West Trail PSA.docx Page 24 of 35  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 Engineer 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 11 (General Terms & Conditions - Public) G:\00\00465\00465323\Contract\00465323 - Asbury West Trail PSA.docx Page 25 of 35  ATTACHMENT A: SCOPE OF SERVICES PROJECT DESCRIPTION The project consists of the design of a shared use trail, potentially utilizing some existing sidewalks and roadways, to provide connectivity between the Wedgewood, Arrowhead, and Forest Hills Subdivisions. The City of Asbury has been awarded partial funding of this project through TAP funds, and MSA will work through the design in a manner as to satisfy the funding requirements to allow for all awarded funds to be implemented into a portion of the construction costs for the trail. As part of TAP funding requirements, DOT design standards will be followed and coordination with the DOT will be required. MSA has recently assisted Asbury with completing the Cloie Creek Trail within Asbury City limits utilizing TAP funding, and has the ability to facilitate another successful TAP funded project for the City. SCOPE OF SERVICES MSA will provide services as set forth below. 1. Preliminary Design • Project Administration o Manage and coordinate project team, budget and schedules. Maintain communication with Owner and stakeholders on project. • Quality Assurance/Quality Control o Employ documented quality-assurance/quality-control procedures throughout project. • Project Site Information o Review and submit concept statement to the Iowa DOT to initiate the environmental review process. Discuss with the Iowa DOT the project schedule and gather contact information. Obtain copy of Iowa DOT Federal-Aid Agreement for a Transportation Alternatives Program (TAP) Project signed by City and Iowa DOT. o Complete threatened and endangered species forms for Section 4(f). o Conduct topographic field survey and pick up physical features of the site o Conduct hydraulic survey to complete hydraulic modeling and culvert crossing design. o Collect boundary survey data and gather title search information to establish property lines and Right-of-Way limits. o Complete soil data collection of up to six (6) soil borings and begin soil analysis for trail design – To be completed by Third Party. o Complete wetland delineation to determine potential wetland impacts. • Utility Coordination o Complete one (1) Iowa One Call ticket for utility locate markings. o Survey Crew to collect utility locate marking data for basemap inclusion. o Prepare and submit utility notification letters with Concept Statement Plan Set. o Conduct one (1) utility meeting on site. o Submit utility impact exhibits to utility companies ahead of utility meeting. o Review and approve work plans from utility companies. Page 7 of 11 (Attachment A: Scope of Project and Services) G:\00\00465\00465323\Contract\00465323 - Asbury West Trail PSA.docx Page 26 of 35  • Design o Analyze drainage area for hydrology and hydraulics of existing site conditions to assist with setting design parameters for trail profile and stream culvert crossing. o Analyze hydrology and hydraulic conditions to set one (2) stream culvert crossings. o Submit preliminary plans and cost estimate documents to the City of Asbury and Iowa DOT as part of the preliminary plan submission. o Coordinate and assist the City with preparation and hosting of a public informational meeting to introduce the project concept to interested Asbury residents. MSA will provide a brief PowerPoint presentation and exhibits to convey relevant project information to assist with answering questions and gathering feedback from local residents. o MSA to coordinate and communicate with JCG and the Iowa DOT in regards to two (2) separate property acquisitions and keep the DOT informed about the process. o Prepare and submit anticipated Section 404 permit with the Army Corps of Engineers. o Complete online Flood Plain & Sovereign Lands Permit Application that will be submitted to the Iowa DNR Flood Plains and Iowa DNR Sovereign Lands. o Process NPDES notice of publication and submit NPDES general permit #2 application. o NEPA and SHPO clearances will be received prior to beginning work on Check Plans and Final Plans. 2. Final Design • Final Design o Prepare and submit Check Plans, specifications, and cost estimate to City of Asbury and Iowa DOT for review. o Complete Check Plan revisions following comments and markups from the Iowa DOT. o Fill out, assemble, and verify requirements of the Project Development Certification (PDC) o Submit final plans, specifications, and cost estimate to the City and Iowa DOT for bidding and letting in Winter of 2025 or Spring of 2026; unless project is delayed due to other project activities required for funding. o Answer questions from Iowa DOT and/or Contractors. o Prepare and submit formal project clarifications and addendums during bid process. o Provide Contractors electronic design files as requested. SUBCONSULTANTS (See Attached Proposals from Subconsultants) MSA will utilize subconsultants to complete the following tasks, which are included in our fee. • Geotechnical Investigation (Terracon) • Historical/Archeological clearance (Tallgrass Archaeology LLC) • Property Acquisition Coordination & Surveying (JCG) Page 8 of 11 (Attachment A: Scope of Project and Services) G:\00\00465\00465323\Contract\00465323 - Asbury West Trail PSA.docx Page 27 of 35 ADDITIONAL SERVICES Services that are not included in the above Scope of Services can be provided under separate contract or by amending the scope and fee listed in this Agreement. Examples of additional services that may be needed or desired for completion of the project include: 1. Utility system modeling 2. Additional meetings not specifically listed in the scope. 3. Accommodations for environmental hazards, endangered species, or historical or cultural issues at or near the project site. 4. Variance requests (if required for permit applications included in the scope). 5. Updates to Owner’s electronic Geographic Information System to reflect changes from project. PROJECT SCHEDULE MSA anticipates the following estimated project schedule: Date Milestone November 2025 Owner approves Professional Services Agreement November 2025 MSA begins work December 2025 Submit Concept Statement to Iowa DOT June 2026 Submit Preliminary Plans July/August 2026 Obtain NEPA/SHPO Clearances August/October 2026 Land Acquisition November 2026 Final Plans complete, Permit applications submitted January 2027 Bidding Letting February 2027 Owner awards construction contract May 2027 to September 2027 Construction (CRS Services under Separate Contract) Page 9 of 11 (Attachment A: Scope of Project and Services) G:\00\00465\00465323\Contract\00465323 - Asbury West Trail PSA.docx Page 28 of 35 OWNER’S RESPONSIBILITIES • Owner is responsible for accuracy and completeness of the information provided to MSA. • Owner will provide MSA with full information as to Owner’s requirements for the project. • Owner will operate Owner’s systems (hydrants, valves, manholes, etc.) as needed for MSA to obtain required information for the completing project. • Owner will provide timely response to questions and review of engineering submittals (preliminary and final plans). • Owner will authorize submittal of necessary permit applications and pay associated fees. • Owner will pay MSA as follows: FEE SUMMARY The Owner will compensate MSA for the Scope of Services listed above as follows: Preliminary Design $65,800 Geotechnical Investigation $12,150 (Includes Estimated Fees from Terracon) Historical/Archeological Clearance $12,900 (Includes Estimated Fees from Tallgrass) Environmental/NEPA Clearance $2,500 Utility Coordination $3,500 Property Acquisition Coordination $32,300 (Includes Estimated & Survey Fees from JCG) Final Design $26,950 Total $156,100 Page 10 of 11 (Attachment B: Rate Schedule) G:\00\00465\00465323\Contract\00465323 - Asbury West Trail PSA.docx Page 29 of 35  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 – $143/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. REIMBURSABLE EXPENSES Copies/Prints ...................................................................... Rate based on volume Specs/Reports ......................................................... $10 Copies ..................................................................... $0.14/page Plots ........................................................................ $0.01/sq.in. Flash Drive .............................................................. $10 GPS Equipment .................................................................. $20/hour - $10.75/hour for DOT GPS R2 Equipment ............................................................ $20/hour - $2/hour for DOT Dini Laser Level .................................................................. $85/per day Mailing/UPS ........................................................................ At cost Mileage – Reimbursement .................................................. IRS Rate – IRS Rate + $5/day Mileage – MSA Vehicle ....................................................... $0.70 mile standard/ ........................................................................................... $0.69 mile for DOT Nuclear Density Testing ...................................................... $30/day Organic Vapor Field Meter .................................................. $100/day PC/CADD Machine ............................................................. Included in labor rates Robotic Survey Equipment .................................................. $20/hour - $10/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 - $360/flight for DOT Labor rates represent an average or range for a particular job classification. These rates are in effect until December 31, 2025. Page 11 of 11 (Attachment B: Rate Schedule) G:\00\00465\00465323\Contract\00465323 - Asbury West Trail PSA.docx Page 30 of 35 Page 31 of 35  RESOLUTION NO. -2025 CITY OF ASBURY, IOWA A resolution to provide for a notice of hearing on proposed plans, specifications, form of contract and estimate of cost for the Hales Mill Road Roundabout Project, and to delegate the authority for the taking of bids therefor WHEREAS, the City Council of the City of Asbury, Iowa (the “City”), has determined that it is necessary and desirable that a public improvement be constructed as described in the proposed plans and specifications and form of contract prepared by MSA Professional Services, Inc., the Project Engineers for such public improvement, which may be hereafter referred to as the “Hales Mill Road Roundabout Project” (and is sometimes hereinafter referred to as the “Project”), which proposed plans, specifications notice of hearing and letting, and form of contract and estimate of cost (the “Contract Documents”) are on file with the City Clerk; and WHEREAS, pursuant to Chapter 28E and Section 384.76 of the Code of Iowa, the City has entered into a certain joint agreement (the “Joint Agreement”) with the Iowa Department of Transportation (the “IDOT”) with respect to the Project; and WHEREAS, under the terms of the Joint Agreement, the IDOT is responsible for advertising, receiving and opening and announcing bids for the construction of the Project; and WHEREAS, it is necessary to fix a time and place of public hearing on the proposed plans, specifications and form of contract and estimate of cost for the Project and WHEREAS, it is necessary to fix a time and place of a public hearing on the proposed Contract Documents and to delegate authority to the IDOT to advertise, receive, open and announce bids for the project; NOW, THEREFORE, Be It Resolved by the City Council of the City of Asbury, Iowa, as follows: Section 1. The Contract Documents referred to in the preamble hereof are hereby approved. Section 2. The Project is hereby determined to be necessary and desirable for the City, and it is in the best interests of the City to proceed toward the construction of the Project. Section 3. December 9, 2025, at 7 o’clock p.m. at Asbury City Hall, Asbury, Iowa, is hereby fixed as the time and place of hearing on the plans, specifications, estimate of cost and contract documents. Section 4. The City Clerk is hereby authorized and directed to publish notice (the “Notice of Hearing”) of the hearing on the Contract Documents for the Project in a newspaper of general circulation in the City, which publication shall be made at least once, not less than four (4) and nor more than twenty (20) days prior to the date of the said hearing. The Notice of Hearing shall be substantially in the following form: Page 32 of 35  (Form of Notice of Hearing) NOTICE OF PUBLIC HEARING ON PROPOSED PLANS AND SPECIFICATIONS, FORM OF CONTRACT AND ESTIMATE OF COST FOR THE HALES MILL ROAD ROUNDABOUT PROJECT Notice is Hereby Given: That at 7 o’clock p.m., at the Asbury City Hall, Asbury, Iowa, on December 9, 2025, the City Council of the City of Asbury, Iowa (the “City”) will hold a public hearing on the proposed plans and specifications, form of contract and estimate of cost (the “Contract Documents”) for the Hales Mill Road Roundbaout Project (the “Project”). The Project shall consist of the removal of existing pavement and the construction of a roundabout at the intersection of Hales Mill Road and Asbury Road. The Project shall also consist of curb and gutter improvements; minor sidewalk improvements; minor utility improvements; turf and driveway reconstruction; and necessary excavation, grading, subbase preparation, landscaping and other work incidental thereto at the following location in the City of Asbury, Iowa: The intersection of Hales Mill Road and Asbury Road extending approximately 300 feet along Asbury Road west of the intersection, and extending approximately 200 feet along Asbury Road east of the intersection, and extending approximately 200 feet along Hales Mill Road north of the intersection. A copy of the proposed Contract Documents is on file for public inspection in the office of the City Clerk. At said hearing any interested person may file written objections or comments and may be heard orally with respect to the subject matter of the hearing. Sara Burke City Clerk Page 33 of 35  Section 5. The City Council hereby delegates to the IDOT the duty of receiving, opening and announcing the results of all bids for the construction of the Project, in the attached notice to bidders (the “Notice to Bidders”), and the form and substance thereof is ratified and approved. Section 6. January 13, 2026, at 7 o’clock p.m., at Asbury City Hall, in the City, is hereby, fixed as the time and place the Council will consider the bids received by the IDOT in connection with the Project. Section 7 All provisions set out in the following form of notice are hereby recognized and prescribed by this City Council and all resolutions or orders or parts thereof, to the extent the same may be in conflict herewith, are hereby repealed. Passed and approved this 25th day of November 2025. Mayor Attest: City Administrator Page 34 of 35 Page 35 of 35