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Cify of Eugene /State of Oregon -Dept, of Transportation <br />Agreement No. 23750 <br />B. City's construction phase deposit shall be 110 percent of City's share of the engineer's <br />estimate and shall be received prior to award of the construction contract. Any additional <br />balance of the deposit, based on the actual bid must be received within 45 days of <br />receipt of written notification by State of the final amount due, unless the contract is <br />canceled. Any unnecessary balance of a cash deposit, based on the actual bid, will be <br />refunded within 45 days of receipt by State of the Project sponsor's written request. <br />C. Pursuant to ORS 366.425, the advance deposit may be in the form of: 1) money <br />deposited in the State Treasury (an option where a deposit is made in the Local <br />Government Investment Pool, and an Irrevocable Limited Power of Attorney is sent to <br />the Highway Finance Office); or 2) an Irrevocable Letter of Credit issued by a local bank <br />in the name of State; or 3) cash. <br />D. City may satisfy all or part of any matching funds requirements by use of in-kind <br />contributions rather than cash when prior written approval has been given by State. <br />25. If the estimated cost exceeds the total matched federal funds available, City shall deposit its <br />share of the required matching funds, plus 100 percent of all costs in excess of the total <br />matched federal funds. City shall also pay 100 percent of the cost of any item in which <br />FHWA will not participate. If City has not repaid any non-participating cost, future allocations <br />of federal funds, or allocations of State Highway Trust Funds to City may be withheld to pay <br />the non-participating costs. If State approves processes, procedures, or contract <br />administration outside the Local Agency Guidelines that result in items being declared <br />non-participating, those items will not result in the withholding of City's future allocations of <br />federal funds or the future allocations of State Highway Trust Funds. <br />26. Costs incurred by State and City for services performed in connection with any phase of the <br />Project shall be charged to the Project, unless otherwise mutually agreed upon. <br />27. If City makes a written request for the cancellation of a federal-aid project, City shall bear <br />100 percent of all costs as of the date of cancellation. If State was the sole cause of the <br />cancellation, State shall bear 100 percent of all costs incurred. If it is determined that the <br />cancellation was caused by third parties or circumstances beyond the control of State or <br />City, City shall bear all development costs, whether incurred by State or City, either directly <br />or through contract services, and State shall bear any State administrative costs incurred. <br />After settlement of payments, State shall deliver surveys, maps, field notes, and all other <br />data to City. <br />28. City shall follow requirements of the Single Audit Act. The requirements stated in the Single <br />Audit Act must be followed by those local governments and non-profit organizations <br />receiving $500,000 or more in federal funds. The Single Audit Act of 1984, PL 98-502 as <br />amended by PL 104-156, described in "OMB CIRCULAR NO. A-133", requires local <br />governments and non-profit organizations to obtain an audit that includes internal controls <br />and compliance with federal laws and regulations of all federally-funded programs in which <br />the local agency participates. The cost of this audit can be partially prorated to the federal <br />program. <br />11 <br />