Any additional .balance of the deposit, based on the actual bid must be received within <br />45 days of receipt of written notification by State of the ..final amount due, unless the <br />contract is canceled. Any unnecessary balance of a-cash deposit, based on the actual <br />bid, will be refunded within 45 days of receipt by State of the. Project sponsor's written <br />request. . <br />C. Pursuant to ORS.:. 366.425, the advance deposit may be in the form of 1) money <br />.deposited . in he State. Treasury (an, option where a deposit, is made in the Local <br />Government Investment 'Pool, and an Irrevocable Limited. Power of ,Attorney is serif ,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. Agency 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, Agency shall <br />deposit its share of the required matching funds, plus 100 percent of .all costs in excess of <br />the total matched federal funds. Agency shall also pay 100 percent of the cost of any item <br />in which FHWA will not participate. If Agency has not repaid any non-participating cost, <br />future allocations of federal funds, or allocations of State Highway Trust Funds, to that <br />Agency may be withheld to pay the non-participating costs. If State approves processes, <br />procedures, or contract administration outside the Local. Agency Guidelines that result in <br />items being declared non-participating, those items will not result in the withholding of <br />Agency's future allocations of federal funds or the future allocations of State Highway Trust <br />Funds. <br />26. Costs incurred by State and Agency for services performed in connection with any phase of <br />the Project shall be charged to the Project, unless otherwise mutually agreed upon. <br />27. If Agency makes a written request for the cancellation of a federal-aid project; Agency shall <br />bear 100 percent of all costs as of the date of cancellation. If State was the sole cause of <br />the cancellation, State shall bear 100 percent of all costs incurred. If it is determined that <br />the cancellation was caused by third parties or circumstances beyond the control of State or <br />Agency, Agency shall bear all development costs, whether incurred by State or Agency, <br />either directly or through contract services, and State shall bear any State administrative <br />costs incurred. After settlement of payments, State shall .deliver surveys, maps, field notes, <br />and all other data to.Agency. <br />28. Agency shall follow requirements of the Single Audit Act. The requirements stated in the <br />Single 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 />29. Agency shall make additional deposits, as needed, upon request from State. Requests for <br />additional deposits shall be accompanied by an itemized statement of expenditures and an <br />estimated cost to complete the Project.. <br />STDPRO-2006.doc <br />Rev. 7-3-2006 <br />