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40 [_J • roar mi=cro-. etxrf'nuenaet ace.rift rr.rrre such cost. (23 CFR 1.9 (a)) If FIMA or Lbe Department determines that any aniount claimed is not eligible, Federal participation may be approved in the amount determined to be adequately supported, the Departrrsent shall notify the local agency. in writing, citing the reasons why items and amowits are not eligible for federal participation. Where correctable non- compliance with provmc ss of law or FtIVJA requirenteras exists, federal funds may be widibeld until oomplisam is obtained, Where rtvrrcomplianoe is not correctable, F14WA or the Department may deny participation in parcel or project costs in part or in total.. For any amounzs determirad to be ineligible for federal reimbursement, for which die Department has advanced payment. the .Agency shall promptly reimburse the Department for all such amounts within 90 days of written notice. 3.07 Retairtage: Retainage 0 j) (is notl applicable. if applicable, 1'1Mpercem of the Department's total share of participation as shown in Exhibit "&' is to be hold to retainage to be disbursed, at the Department's discretion, on or before the comp[euon of the final project audit. 4.00 Project Estimate and Disbursement Schedule: Prior to tite execution of this Agreement, a project estimate, shall be prepared by the Agency and approved h} 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 wilt the Jams approved estimate for the project. The estimate may be revised by mueral written agmement between the Departmew and the Agency. If revised, a copy of the revision should be forwarded to tic Department's Comptroller and to tore Deparmm is Federal Aid program Office. Noestimate increase or decrease shall be effective unless it complies wide fund participation requirements established in Exhibit "13" of this Agreement and is approved by the Department Comptroller. 5.00 Rewds: SAI F-stablishnHnt and Maintenance of Accotrrtthtg Records: Records of costs inarrrcd under terms of this Agreement shall be maintained and trade available upon request to the Department at all times during the period of this Agreement and for five gears after final payment is made. Copies of these doc miens and records shall be furnished to the Department upon request. Mcnrds 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 projem and all outer records of the Agency and subcontractors considered necessary by the Department for a proper audit of costs. r02 Costs hicurr+ed for the Prgject. T1re Agency shall charge m the project account all eligible exists of the project. Costs in excess of the latest approved estimate or amibutable to actions which have not received ere required approval of the Department shall mit be considered eligible costs. 5.03 Doatawntation of project Costs: All ensu charged to the project, including anv approved services contributed by die Agency or others, shall be supported by properly executed payrolls, time records, invoices, contracts, or vouchers evidencing yr 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 90. I be A,ecncy slrall provide to the Department for each Of its fiscal years for which the project account remaims. 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 Dapartrment, the Agency, and those from any other source with respect om the project. Audits shall be performed in accordance with generally accepted government auditing standards contained in the Standar fn. pu,iit c.f CLnceutme�JS}rg 5}annns� �rn�r,mg. Actiyiricsand_EttncriCaas. issued by the U. S. General Accounting Office and OMB Circulars A-124 or A•133 where applicable. The Agency stall require its audiwt% On 1n( lat!Ie ins ski- r'p•"'i e �„ iv:lc of fro .-M 2:7�=mnc -Milch SFS irir'6c1 4 su;cuute of proper: assastxnee that will reflect the Depasunent's contract number, WN number, Job number, and the Federal Identification ntunber, where anplicahts, anal thr arnmrt of SnE-: fua�iir g. Exhibit EI -2-1 Lural Agency P ogr-Lirn, Agreeeien; 2-k-5