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City of Eugene / Sfate of Oregon -Dept. of Transportation <br /> Agreement No. 24516 <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 Polic Guide, State's Ri ht of Wa Manual and the Cade of <br /> Y 9 Y <br /> 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 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 /> <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 an 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 /> r <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 /> _ _ <br /> <br />