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City of Eugene / Sfate of Oregon -Dept. of Transportation <br />Agreement No. 24596 <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 matched <br />federal funds. City shall also pay 100 percent of the cost of any item in which FHWA will not <br />participate. If City has not repaid any non-participating cost, future allocations of federal funds, or <br />allocations of State Highway Trust Funds, to that City may be withheld to pay the non-participating <br />costs. If State approves processes, procedures, or contract administration outside the Local <br />Agency Guidelines that result in items being declared non-participating, those items will not result <br />in the withholding of City's future allocations of federal funds or the future allocations of State <br />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 100 <br />percent of all costs as of the date of cancellation. If State was the sole cause of the cancellation, <br />State shall bear 100 percent of all costs incurred. If it is determined that the cancellation was <br />caused by third parties or circumstances beyond the control of State or City, City shall bear all <br />development costs, whether incurred by State or City, either directly or through contract services, <br />and State shall bear any State administrative costs incurred. After settlement of payments, State <br />shall deliver surveys, maps, field notes, and all other data to City. <br />28. City shall follow requirements of the Single Audit Act. The requirements stated in the Single Audit <br />Act must be followed by those local governments and non-profit organizations receiving $500,000 <br />or more in federal funds. The Single Audit Act. of 1984, PL 98-502 as amended by PL 104-156, <br />described in "OMB CIRCULAR NO. A-133", requires ~locai governments and non-profit <br />organizations to obtain an audit that includes internal controls and compliance with federal laws <br />and regulations of all federally-funded programs in which the local agency participates. The cost <br />of this audit can be partially prorated to the federal program. <br />29. City shall make additional deposits, as needed, upon request from State. Requests for additional <br />deposits shall be accompanied by an itemized statement of expenditures and an estimated cost to <br />complete the Project. <br />30. City shall present invoices for 100 percent of actual costs incurred by City on behalf of the Project <br />directly to State's Liaison Person for review and approval. Such invoices shall identify the Project <br />and Agreement number, and shall itemize and explain all expenses for which reimbursement is <br />claimed. Billings sha(I be presented for periods of not less than one-month duration, based on <br />actual expenses to date. All billings received from City must be approved by State's Liaison <br />Person prior to payment. City's actual costs, eligible for federal-aid or State participation shall be <br />those allowable under the provisions of Title 23 CFR Parts 1.11, 140 and 710, Final billings shall <br />be submitted to State for processing within three months from the end of each funding phase as <br />follows: 1) award date of a construction contract for preliminary engineering; 2) last payment for <br />right of way acquisition; and' 3) third notification for construction. Partial billing (progress <br />payment) shall be submitted to State within three months from date that costs are incurred. Final <br />billings submitted after the three months shall not be eligible for reimbursement. <br />31. The cost records and accounts pertaining to work covered by this Agreement are to be kept <br />available for inspection by representatives of State and FHWA for a period of six (6) years <br />following the date of final voucher to FHWA. Copies of such records and accounts shall be made <br />11 <br />