K-5 - Professional Services Predesign Agreement with DOT - Highway 6 Improvements

January 2023 limits) all encroachments or obstructions in the existing primary highway right of way. The LPA shall also prevent the erection and/or placement of any structure or obstruction on said right of way or any additional right of way which is acquired for this project, including but not limited to private signs, buildings, pumps, and parking areas. b. The LPA shall be responsible for obtaining any necessary permits from the DOT, such as the Work Within the Right of Way Permit, Access Connection/Entrance Permit, Utility Accommodation Permit, Application for Approval of a Traffic Control Device, or other construction permits required for the project prior to the start of construction. Neither the approval of funding nor the signing of this Agreement shall be construed as approval of any required permit from the DOT. c. If the project requires utility relocations, subject to the approval of and without expense to the DOT, the LPA agrees to perform or cause to be performed all relocations, alterations, adjustments or removals of existing utility facilities, including but not limited to power, telephone lines, fiber optics lines, natural gas pipelines, water mains and hydrants, curb boxes, utility accesses, storm water intakes, sanitary sewers, and related poles, installations and appurtenances, whether privately or publicly owned, and all parking meters, traffic signals and other facilities or obstructions which are located within the limits of an established street or alley and which shall interfere with construction of the project and the clear zone. All utility relocations shall be accomplished in accordance with the DOT’s Utility Accommodation Policy, as set forth in 761 Iowa Administrative Code, Chapter 115. d. With the exception of service connections, no new or future utility occupancy of project right of way, nor any future relocations of or alterations to existing utilities within said right of way will be permitted or undertaken by the LPA without the prior written approval of the DOT. All work shall be performed in accordance with the Utility Accommodation Policy and other applicable requirements of the DOT. 5. Traffic Control a. The impacts to U.S. 6 through-traffic will be addressed in a future Preconstruction Agreement. b. It shall be necessary to temporarily close LPA side roads Grant Street, Main Street, Summerhays Street, South Brown Street, Stephans Street, Croell Avenue, and Kimberlite Street during construction. The DOT shall furnish and install the required barricades and signing for the closure at project cost and shall remove same upon completion of the project. The DOT shall work in close cooperation with the LPA and the contractor to accommodate emergency services and local access across the project during construction. Any detours which may be necessary for project related LPA road closures shall be the responsibility of the LPA all at no expense or obligation to the DOT. c. In the event this project causes the temporary closure of a road during construction, the DOT shall meet with the LPA to determine whether said closure(s) will cause increased traffic on other LPA roads. The DOT and the LPA shall determine a plan, and the costs thereof, for the LPA to perform dust control on said LPA roads with increased traffic, should dust control become necessary. In that event, the LPA shall inform the DOT prior to performing said dust control. The DOT shall reimburse the LPA for the cost of said dust control measures following the receipt of a bill for the agreed upon costs (see Iowa Code section 313.4 subsection 1.b.). 6. Construction & Maintenance a. A future Preconstruction Agreement shall be negotiated between the DOT and LPA to further define project responsibilities and cost sharing. b. Upon completion of the project, no changes in the physical features thereof shall be undertaken or permitted without the prior written approval of the DOT. c. Future maintenance of the primary highway within the project area shall be carried out in accordance with the terms and conditions contained in 761 Iowa Administrative Code Chapter 150. 2025-P-001_Tiffin 3