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City of Eugene /State of Oregon -Dept, of Transportation <br /> Agreement No. 23750 <br /> <br /> i <br /> Manual and have obtained prior approval from State's Region Right of Way office to do <br /> such work. <br /> 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). City should contact the State's Region <br /> Right of Way office for additional information or clarification. <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 <br /> with the Uniform Relocation Assistance & Real Property Acquisition Policies Act of 1970, as <br /> amended, ORS Chapter 35, FHWA Federal-Aid Policy Guide, State's Right of Way Manual <br /> 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 /> r' i l t t li <br /> o i na I authorized ur ose the dis osition of such roe shall be sub'ec o a cable <br /> 9 Y p P p p p rtY 1 pP <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. City insures that all Project right of way monumentation will be conducted in conformance <br /> with 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 <br /> match amount, unless otherwise agreed to and specified in the intergovernmental <br /> agreement. If federal funds are used, City will specify .the Catalog of Federal Domestic <br /> Assistance (CFDA) number in the Agreement. City will also determine and clearly state in <br /> the Agreement if recipient is a 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 <br /> be made in the case of projects where City 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 /> 10 <br /> <br />