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in the case of projects where Agency has written approval from State to use in-kind contributions <br /> rather than cash to satisfy all or part of the matching funds requirement. <br /> B. Agency's construction phase deposit shall be 110 percent of Agency's share of the engineer's <br /> estimate and shall be received prior to award of the construction contract. Any additional balance <br /> of the deposit, based on the actual bid must be received within 45 days of receipt of written <br /> notification by State of the final amount due, unless the contract is canceled. Any unnecessary. <br /> balance of a cash deposit, based on the actual bid, will be refunded within 45 days of receipt by <br /> 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 the <br /> State Treasury (an option where a deposit is made, in the Local Government Investment Pool, and <br /> <br /> . an Irrevocable Limited Power of Attorney is sent to the Highway Finance Office), or 2) an <br /> Irrevocable Letter of Credit issued by a local bank 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. Ifthe estimated cost exceeds the total matched federal funds available, Agency shall deposit its share <br /> of the required matching funds, plus 100 percent of all costs in excess of the total matched federal <br /> funds. Agency shall also pay 100 percent of the cost of any item in .,which FHWA will not <br /> participate. If Agency has not repaid any non-participating cost, future allocations of federal funds, <br /> or allocations of State Highway Trust Funds, to that Agency may be withheld to pay the <br /> non-participating costs. If State approves processes, procedures, or contract administration outside <br /> the Local Agency Guidelines that result in items being declared non-participating, those items will <br /> not result in the withholding of Agency's future .allocations of federal funds or the future allocations <br /> of State Highway Trust Funds. <br /> 26. Costs incurred by State and Agency 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 Agency makes a written request for the cancellation of a federal-aid project; Agency 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 caused <br /> by third parties or circumstances beyond the control of State or, Agency, Agency shall bear all <br /> development costs, whether incurred by State or Agency, either directly or through contract services, <br /> and State shall bear any State administrative costs incurred.. After settlement of payments, State shall <br /> deliver surveys, maps, field notes, and all other data to Agency. <br /> 28. Agency shall follow requirements of the Single Audit- Act. The requirements stated in the Single <br /> Audit Act must be followed by those local governments and non-profit organizations receiving <br /> $500,000 or more in federal funds. The Single Audit Act of 1984, PL 98-502 as amended by PL <br /> 104-156, described in "OMB CIRCULAR NO. A-133", requires local governments and- non-profit <br /> organizations to obtain an audit that includes internal controls and compliance with federal laws and <br /> regulations of all federally-funded programs in which the local agency participates. The cost of this <br /> audit can be partially prorated to the federal program. <br /> STDPRO-2005.doc 5 <br /> Rev. 3-22-OS <br /> <br />