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committed by any subcontractor or other person <br />employed by or under the supervision of the City for any purpose under this Agreement, <br />and to indemnify the Commission, including its agents, employees and assigns, from <br />every expense, liability or payment arising out of such wrongful or negligent act or <br />omission. It is the intent of the parties that the Commission is to assume no liability for <br />the completion of the contemplated improvement and, if the Commission should expend <br />any funds in connection with this improvement for which it is not reimbursed by the <br />United States Government, the City will reimburse the Commission for those funds. <br /> <br /> (9) CONSTRUCTION SPECIFICATIONS: Parties agree that all construction <br />under the Surface Transportation Program for the City will be constructed in accordance <br />with current Missouri Department of Transportation (MoDOT) design <br />criteria/specifications for urban construction unless separate standards for the surface <br />transportation system have been established by the City and the Commission subject to <br />the approval of the Federal Highway Administration. <br /> <br />(10) ADDITIONAL RIGHT OF WAY: <br /> <br />The City shall acquire any additional right of way required for Project STP-5500(645) <br />and in so doing shall comply with all applicable federal laws, rules and regulations <br />including but not limited to 42 U.S.C. §4601, et seq., the Uniform Relocation Assistance <br />and Real Property Acquisition Policies Act of 1970. <br /> <br /> (11) REIMBURSEMENT: The cost of the contemplated improvements will be <br />borne by the United States Government and by the City as follows: <br /> <br /> (A) The United States Government is presently participating in eighty <br />percent (80%) of the eligible costs, up to a maximum of two hundred and ninety two <br />thousand dollars ($292,000), of STP-Urban Projects. Any costs for these improvements <br />which exceed federal reimbursement shall be the sole responsibility of the City. The <br />Commission shall not be responsible for any costs associated with these improvements <br />unless specifically identified in this Agreement or subsequent amendments. <br /> <br /> (B) The total reimbursement otherwise payable to the City under this <br />Agreement is subject to reduction, offset, levy, judgment, collection or withholding, if <br />there is a reduction in the available federal funding, or to satisfy other obligations of the <br />City to the Commission, the State of Missouri, the United States, or another entity acting <br />pursuant to a lawful court order, which City obligations or liability are created by law, <br />judicial action, or by pledge, contract or other enforceable instrument. <br /> <br /> (12) PERMITS: The City shall secure any necessary approvals or permits from <br />the Federal Government and the State of Missouri as required to permit the construction <br />and maintenance of the contemplated improvements. <br /> <br /> (13) TRAFFIC CONTROL: The plans shall provide for handling traffic with <br />signs, signal and marking in accordance with the Manual of Uniform Traffic Control <br /> <br />-3- <br /> <br /> <br />