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` Misc. Contracts & Agreements <br />Aggreement No. 24651 <br />City of Eugene Contract #2008-00225 <br />Oregon Department of Transportation <br />LOCAL AGENCY CERTIFICATION PROGRAM AGREEMENT <br />THIS AGREEMENT is made and entered into by .and between THE STATE OF <br />OREGON, acting by and through its Department of Transportation, hereinafter referred to <br />as "State"; and the City of Eugene, acting by .and through its City Manager, hereinafter <br />referred to as "City," collectively referred to as "Parties". <br />RECITALS <br />1. By the authority granted in ORS 190.110 and 283.110, state agencies may enter into <br />agreements with units of local government or other state agencies for the <br />.performance of -any or all: functions and- activities that a party to the agreement,. its <br />officers or agents, have the authority to perform. <br />2. Under the authority of. Section 106 of Title. 23 USC, and as explained in the 1.999 <br />Stewardship Plan between State -and the Federal. Higfiway Administration (FHWA), <br />State, in a letter dated November 17, 1992, notified FHWA of its decision to request <br />State's exemption from required FHWA review and approval: of Plans, Specifications <br />and Estimates (PS&E) for all non-National Highway System (NHS). projects, <br />regardless,. of size. By the ,authority granted in the Stewardship Plan, State can <br />delegate authority .for approvals on PS&E on local agency projects, but cannot <br />delegate its responsibility. .State remains responsible for ensuring that all federal <br />requirements are met. <br />3. State, pursuant to authority under Section 106 of Title 23 USC and in accordance with <br />the 1999 Stewardship Plan, in a letter to FHWA dated- December 27, 2004, requested <br />FHWA to allow State to continue developing, defining and implementing the Local <br />Agency Certification Program (Certification Program). .FHWA, in a Letter to : State <br />.dated December 29, 2004, .concurred with State's request to proceed- with <br />Certification. <br />-4. The Local Agency Certification Program (Certificatio.n Program:) allows State to certify <br />a local agency's procedures and delegates authority to the certified local agency to <br />administer federal-aid .projects that are not on the NHS. . <br />NOW THEREFORE, th.e premises being in general as stated in the foregoing recitals, it is <br />agreed by and between the parties hereto as follows: <br />