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City of Eugene /State of Oregon -Dept. of Transportation <br />Agreement No. 24596 <br />19. State shall review all right of way activities engaged in by City 'to assure compliance with <br />applicable laws and regulations. City agrees that right of way activities shall be in accord with the <br />Uniform Relocation Assistance & Real Property Acquisition Policies Act of 1970, as amended, <br />ORS Chapter 35, FHWA Federal-Aid Policy Guide, State's Right of Way Manual and the Code of <br />Federal Regulations, Title 23, Part 710 and Title 49, Part 24. <br />20. If any real properly purchased with federal-aid participation is no longer needed for the originally <br />authorized purpose; the disposition of such property shall be subject to applicable rules and <br />regulations, which are in effect at the time of disposition. Reimbursement to State and FHWA of <br />the required proportionate shares of the fair market value may be required. <br />21. City insures that all Project right of way monumentation will be conducted in conformance with <br />ORS 209.155. <br />22. State and City grants each other authority to enter onto the other's right of way for the <br />performance of the Project. <br />CITY OBLIGATIONS <br />FINANCE <br />23. Federal funds shall be applied toward Project costs at the current federal-aid matching ratio, <br />unless otherwise agreed and allowable by law. City shall be responsible for the entire match <br />amount, unless otherwise agreed to and specified in the intergovernmental agreement. If federal <br />funds are used, City will specify the Catalog of Federal Domestic Assistance (CFDA) number in <br />the Agreement. City will also determine and clearly state in the Agreement if recipient is a <br />subrecipient or vendor, using criteria in Circular A-133. <br />24. City's estimated share and advance deposit. <br />A. `City shall, prior to commencement of the preliminary engineering and/or right of way <br />acquisition phases, deposit with State its estimated share of each phase. Exception may be <br />made in the case of projects where City has written approval, from State to use in-kind <br />contributions rather than cash to satisfy all or part of the matching funds requirement. <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 forty-five (45) days of <br />receipt of written notification by State of the final amount due, unless the contract is canceled. <br />Any unnecessary balance of a cash deposit, based on the actual bid, will be refunded within <br />forty-five (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 deposited in <br />the State Treasury (an option where a deposit is made in the Local Government Investment <br />Pool, and an Irrevocable Limited Power of Attorney is sent to the Highway Finance Office), or <br />2) an Irrevocable Letter of Credit issued by a local bank 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 contributions <br />rather than cash when prior written approval has been given by State. <br />10 <br />