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40 FORM 5210 1040 CONSTRUCTION OGC•7"M P.W. 10 10 such cost. (23 CFR 1.9 (a)) If FHWA or the Department determines that anv amount claimed is not eligible, federal participation may be approved in the amount determined to be adequately supported, the Department shall notify the local agency, in writing, citing the reasons why items and amounts are not eligible for federal participation. Where correctable non- compliance with provisions of law or FHWA requirements exists, federal funds may be withheld until compliance is obtained. Where non-compliance is not correctable, FHWA or the Department may deny participation in parcel or project costs in pan or in total. For any amounts determined to be ineligible for federal reimbursement, for which the Department has advanced payment, the Agency shall promptly reimburse the Department for all such amounts within 90 days of written notice. 3,07 R iairage: Retainage 6* (is not) applicable. If applicable, N/Apercent of the Department's total share of participation as shown in Exhibit "B" is to be held in retainage to be disbursed, at the Department's discretion, on or before the completion of die final project audit. 4.00 Project Estimate and Disbursement Schedule.: Prior to the execution of this Agreement, a project estimate, shall be prepared by the Agency and approved by the Department. The Agency shall maintain said estimate, carry out the project and shall incur obligations against and make disbursements of project funds only in conformity with the latest approved estimate for the project. The estimate may be revised by mutual written agreement between the Department and the Agency. If revised, a copy of the revision should be forwarded to the Department's Comptroller and to the Department's Federal Aid Program Office. No estimame increase or decrease shall be effective unless it complies with fund participation requirements established in Exhibit "B" of this Agreement and is approved by the Department Comptroller, 5.00 Records: 5.01 Establishment and Maintenance of Accounting Records: Records of costs incurred under terms of this Agreement shall be maintained and made available upon request to the Department at all times during the period of this Agreement and for five years after final payment is made. Copies of these documents and records shall be furnished to the Department upon request. Records of costs incurred includes the Agency's general accounting records and the project records, together with supporting documents and records, of the Agency and all subcontractors performing work on the project, and all other records of the Agency and subcontractors considered necessary by the Department for a proper audit of costs. 5.02 Costs Intvrred for the Project: The Agency shall charge to the project account all eligible costs of the project. Costs in excess of the latest approved estimate or attributable to actions which have not received the required approval of the Department shall not be considered eligible costs. 5.03 Documentation of Project Costs: All costs charged to the project, including any approved services contributed by th. Agency or oth;rs, shall M _T� r. -w by prvNcuy executed payroiis, time records, invoices, contracts, or vouchers evidencing in proper detail the nature and propriety of the charges. 5.04 Audit Reports: State highway agencies and local government agencies which receive Federal -aid highway funds shall comply with the latest audit requirements as established in 49 CFR Part 941. The Agency shall provide to the Department for each of its fiscal vears for which the project account remains open, an audit report prepared either by its official auditor or audit agency or an independent certified public accountant, reflecting the use of the funds of the Department, the Agency, and those from any other source with respect to the project. Audits shall be performed in accordance with generally accepted government auditing standards contained in the Standards for Aw it of C,nvernmental Orvani7atinissued by the U. S. General Accounting Office and OMB Circulars A-128 or A-133 where applicable. The Agency shall require its auditors to include in their report a schedule of project assistance which shall include a schedule of project assistance that will reflect the Department's contract number, WPI number, Job number, and the Federal Identification number, where applicable, and the amount of state funding. Exhibit 11-2-1 meal Agency Program Agreement 2-2-5