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Agreement. All monies previously programmed for this project shall be surrendered by the City at this time. (15) PROGRESS PAYMENTS: The City may request that progress payments be made during the constn.~ction of the herein improvements. The City shall submit to the Commission any invoice for progress payments no less than on a monthly basis. The City shall repay any progress payments which involve ineligible costs. (16) PERMITS: The City shall secure any necessary approvals or permits from any federal or state agency as required for the completion of the herein improvements. If this improvement is on the right of way of the Commission, the City must secure a permit from the Commission prior to the start of any work on the right of way. The permits which may be required include, but are not limited to, environmental, architectural, historical or cultural requirements of federal or state law or regulation. (17) INSPECTION OF IMPROVEMENTS AND RECORDS: The City shall assure that representatives of the Commission and FHWA shall have the privilege of inspecting and reviewing the work being done by the City's contractor and subcontractor on the herein project. '['he City shall also assure that its contractor, and all subcontractors, if any, maintain all books, documents, papers and other evidence pertaining to costs incurred in connection with the Transportation Enhancement Program Agreement, and make such materials available at such contractor's office at all reasonable times at no charge during this Agreement period, and for three (3) years from the date of final payment under this Agreement, for inspection by the Commission, FHWA or any authoriZed representatives of the Federal Government and the State of Missouri, and copies shall be furnished, upon request, to authorized representatives of the Commission, State, FHWA, or other Federal agencies. (18) CREDIT FOR DONATIONS OF FUNDS, MATERIALS, OR SERVICES: A person may offer to donate funds, materials or services in connection with this project. Any donated funds, or the fair market value of any donated materials or services that are accepted and incorporated into this project shall be credited according to 23 U.S.C. §323. (19) DISADVANTAGED BUSINESS ENTERPRISES: The Commission will advise the City of any required goals for participation by disadvantaged business enterprises to be included in the City's proposal for the work to be performed. The City shall submit for Commission approval a disadvantaged business enterprise goal or plan. The City shall comply with the plan or goal that is approved by the Commission and all requirements of 49 C.F.R. Part 26, as amended. (2O) other judicial breach, shall VENUE: It is agreed by the parties that any action at law, suit in equity, or proceeding to enforce or construe this Agreement, or regarding its alleged be instituted only in the Circuit Court of Cole County, Missouri. (21) NOTICE TO BIr)DERS: The City shall notify the prospective bidders that