Discussion and Consideration to Approve a Professional Service Agreement with the Iowa DOT for the Highway 6 Improvements Project – Motion to Approve — K-2

November 2025 estate or rights in real estate, needed by the LPA for the LPA, and to acquire real estate or rights in real estate, needed by the DOT for the DOT. g. The LPA owns a parcel of land near the Park Road roundabout where a new water main is planned to be constructed. The LPA agrees to provide the DOT with temporary access to this parcel, at no cost (mutual benefit), to perform the work necessary to construct the new water main and associated appurtenances. See Exhibit C for details of the planned work to occur on LPA-owned property. 5. Construction and Maintenance a. Upon completion of the project, no changes in the physical features thereof shall be undertaken or permitted without the prior written approval and consent of the DOT. b. 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. c. New traffic signal construction for this project shall be provided under guidelines established in 761 Iowa Administrative Code Chapter 150. If constructed, the LPA shall accept ownership of, and responsibility for future energy and maintenance costs of, those traffic signal units which lie within the corporate boundaries. 6. General Provisions a. If the LPA has completed a Flood Insurance Study (FIS) for an area which is affected by the proposed Primary Highway project, and the FIS is modified, amended, or revised in an area affected by the project after the date of this Agreement, the LPA shall provide notice of the modification, amendment, or revision to the DOT within 14 calendar days of the LPA’s receipt of a subsequent FIS or modification. If the LPA does not have a detailed FIS for an area which is affected by the proposed Primary Highway project, and the LPA does adopt an FIS in an area affected by the project after the date of this Agreement, the LPA shall provide notice of the FIS to the DOT within 14 calendar days. The LPA agrees to defend, indemnify, and hold harmless the DOT from any and all claims, costs, and damages arising from, or related to, the LPA’s failure to timely provide an FIS, and/or FIS modification, to the DOT in accordance with this provision. b. The LPA shall comply with all provisions of the equal employment opportunity requirements prohibiting discrimination and requiring affirmative action to assure equal employment opportunity as required by Title VI of the Civil Rights Act of 1964 and Iowa Code Chapter 216. No person shall, on the grounds of age, race, creed, color, sex, sexual orientation, national origin, religion, pregnancy, or disability, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity for which State funds are used. c. It is the intent of both (all) parties that no third-party beneficiaries be created by this Agreement. d. If any section, provision, or part of this Agreement is found to be invalid or unconstitutional, such finding shall not affect the validity of the Agreement as a whole, or any section, provision, or part thereof not found to be invalid or unconstitutional, except to the extent that the original intent of the Agreement cannot be fulfilled. e. This Agreement, as well as the unaffected provisions of any previous agreement(s), addendum(s), and/or amendment(s), represents the entire Agreement between the LPA and DOT regarding this project. All previously executed agreements shall remain in effect except as amended herein. Any subsequent change or modification to the terms of this Agreement shall be in the form of a duly executed amendment to this document. 2026-4-131_Tiffin 4