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City of Eugene /State of Oregon -Dept. of Transportation <br /> <br /> Agreement No. 25302, Amendment No. 1 <br /> 28.The Project will be financed at the maximum allowable federal participating amount <br /> for the HPP and Enhancement funds and 100 percent for the ARRA funds. City is <br /> responsible for the match for the federal HPP and Enhancement funds and all non- <br /> participating costs, including all costs in excess of the available federal funds. No <br /> ARRA funded invoices will be accepted and no ARRA funded payments will be made <br /> after September 30, 2015. <br /> 29. Because of the ARRA funding requirements, City must advance the Project for <br /> obligation of funds prior to March 1, 2010; and State must make a determination no <br /> later than December 31, 2009 whether this date will be met. Therefore, if City has not <br /> submitted the Project's "Plans, Specifications and Estimates" (PS&E) package to <br /> State's Region 2 office by December 31, 2009, the Project will be reviewed by State, <br /> in coordination with the Oregon Local Program Committee. If State determines that <br /> the ARRA funds will not be, or are unlikely to be obligated for construction prior to <br /> March 1, 2010, State may withdraw all of the ARRA funds effective upon delivery of <br /> written notice to City, allowing the funds to be distributed to another project at State's <br /> discretion; and State shall have no obligation to replace the ARRA funds with other <br /> state or federal funds. <br /> 30. City shall place signs that identify Project as "American Recovery and Reinvestment <br /> Act of 2009" (State approved design) as described in the ODOT Technical Bulletin <br /> TR09-02(B) (or most current version) titled Project Identification Sign for ODOT <br /> Economic Stimulus Projects. City may affix additional signage that identifies local <br /> funds used for the Project. <br /> 31. City shall report to State the data required by federal and state mandates for delivery <br /> of the ARRA program. State shall inform the local agencies of the reporting <br /> requirements once they have been received from FHWA and the Oregon Department <br /> of Administrative Services; and such requirements shall be made a part of this <br /> Agreement. City is also subject to other requirements for use of ARRA, including but <br /> not limited to the U.S. Comptroller and Inspector General, Local Roads and Rural <br /> Minor Collector Projects, and ARRA Sign Requirements provisions. City shall work <br /> with State to ensure all ARRA requirements are met; and will not enter into any <br /> contract until State agrees the ARRA requirements have been included. <br /> 32. City shall include the ARRA requirements in any contract it enters into, including <br /> consultant contracts, and subcontracts at any tier. City may modify language to match <br /> its own specifications, but such modifications shall be reviewed and approved by <br /> State prior to incorporation into any contract. <br /> 33. Final billings shall be submitted to State for processing within two (2) years from the <br /> end of each funding phase as follows: 1) award date of a construction contract for <br /> preliminary engineering (PE); and 2) third notification for construction. Partial billing <br /> (progress payment) shall be submitted to State within one (1) year from the date that <br /> ...............Page 3 of 5 <br /> <br />