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18. Regardless of who acquires or performs any of the right of way activities, a right of way <br />services agreement shall be created by State's Region Right of Way office setting forth the <br />responsibilities and activities to be accomplished by each party. State shall always be <br />responsible for requesting project funding, coordinating certification of the right of way, and <br />providing oversight and monitoring. Funding authorization requests for federal right of way <br />funds must be sent through the State's Region Right of Way offices on all projects. All <br />projects must have right of way certification coordinated through State's Region Right of <br />Way offices (even for projects where no federal funds were used for right of way, but <br />federal funds were used elsewhere on the Project). Agency should contact the State's <br />Region Right of Way office for additional information or clarification. <br />19. State shall review all right of way activities engaged in by Agency to assure compliance with <br />applicable laws and regulations. Agency agrees that right of way activities shall be in <br />accord with the Uniform Relocation Assistance. & Real Property Acquisition Policies Act of <br />1970, as amended, ORS Chapter 35, FHWA Federal-Aid Policy Guide, State's Right of <br />Way Manual and the Code of Federal Regulations, Title 23, Part 710 and Title 49, Part 24. <br />20. If any -real property purchased with federal-aid participation is no longer needed for the <br />originally authorized purpose, the disposition of such property shall be subject to applicable <br />rules and regulations, which are in effect at the time of disposition. Reimbursement to State <br />and FHWA of the required proportionate shares of the fair market value may be required. <br />21. Agency insures that all Project right of way monumentation will be conducted in <br />conformance with ORS 209.155. <br />22. State and Agency grants each other authority to enter onto the other's right of way for the <br />performance of the Project. <br />AGENCY OBLIGATIONS <br />FINANCE <br />23. Federal funds shall be applied toward Project costs at the current federal-aid matching ratio, <br />unless othenivise agreed and allowable by law. Agency shall be responsible for the entire <br />match amount, unless otherwise agreed to and specified in the intergovernmental <br />agreement. If federal funds are used, Agency will specify the Catalog of Federal Domestic <br />Assistance (CFDA) number in the Agreement. Agency will also determine and clearly state <br />in the Agreement if recipient is a subrecipient or vendor, using criteria in Circular A-133. <br />24. Agency's estimated share and advance deposit. <br />A. Agency;: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 <br />be made in the case of projects where Agency has written approval from State to use <br />in-kind contributions rather than cash to satisfy all or part of the matching funds <br />requirement. <br />B. Agency's construction phase deposit shall be 110 percent of Agency's share of the <br />engineer's estimate and shall be received prior to award of the construction contract. <br />STDPRO-2006.doc 4 <br />Rev. 7-3-2006 <br />