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City of Eugene/ODOT ' <br /> Agreement No. 22,213 <br /> 26. If Agency makes a written request for the cancellation of a federal-aid project; Agency shall <br /> bear 100 percent of all casts as of the date of cancellation. If the State was the sole cause <br /> of the cancellation, the State shall bear 100 percent of all costs incurred. If it is determined <br /> that the cancellation was caused by third parties or circumstances beyond the .control of <br /> State or Agency, Agency shall bear all development costs, whether incurred by the State or <br /> Agency, either directly or through contract services, and the State shall bear any State <br /> administrative costs incurred. After settlement of payments, State shall deliver surveys, <br /> maps, field notes, and all other data to Agency. <br /> 27. The requirements stated in the Single Audit' Act must be followed by those local <br /> governments receiving $500,000 or more in federal funds. The Single Audit Act of 1984, PL <br /> 98-502 as amended by PL 104-156, described in "Office of Management and Budget . <br /> Circular A-133", requires local governments 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 /> 28. Additional deposits, if any, shall be made as needed upon request from the State. <br /> Requests for additional deposits shall be accompanied by an itemized statement of <br /> expenditures and an estimated cost to complete the project. <br /> 29. Agency hall present invoices for 100 percent of actual costs incurred by Agency on behalf <br /> of the project directly to State's Liaison Person for review and approval. Such invoices shall <br /> identify the project and agreement number, and shall itemize and explain all expenses for <br /> which reimbursement is claimed. Billings shall be presented for periods of not less than <br /> one-month duration, based on actual expenses to date}, All billings received from Agency <br /> must be approved by State's Liaison Person prior to payment. Agency's actual costs <br /> eligible for federal-aid or State participation shall be those allowable: under the provisions of <br /> FAPG, 23CFR 1.11, 710,' and 140. Final billings shall be submitted. to State for processing <br /> within three months from the end of each funding phase as follows: 1) award. date of a <br /> construction contract for preliminary engineering 2) last payment for right-of--way acquisition <br /> and 3) third notification for construction. Partial billing (progress payment) shall be <br /> submitted to State within three months from date that costs are incurred. Final billings <br /> submitted after the three months may not be eligible for reimbursement. <br /> 30. The cost records and accounts pertaining to work covered by this Agreement are to be kept <br /> available for inspection by representatives of State and the FHWA for, a period of three (3) <br /> years following the date of final voucher to FHWA. Copies. of such records and accounts <br /> shall be made available upon request. For real property and equipment, the retention <br /> period starts from the date of disposition (49 CFR 18.42). <br /> <br /> 31. State shall request reimbursement, and Agency agrees to reimburse State, for federal-aid <br /> funds distributed to Agency if any of the following events occur: <br /> a) That right-of-way acquisition or actual construction of the facility for which <br /> preliminary engineering is undertaken is not started by the close of the tenth <br /> fiscal year following the fiscal year in which the federal-aid funds were <br /> authorized; <br /> . 12 <br /> <br />