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C> v • FORMS25010.40 C04STRUCIION DGc - 12 M W Pope 30110 such cost. (23 CFR 19 (a)) if FI-IWA or the Department determines that any 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 Fl1WA 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 part 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 ail such amounts within 90 days of written notice. 3.07 Retainage: Retain age (is) (is not) applicable. if appliicable,t�k percent of the Department's total share of participation as shown in Exhibit "B" is to be held in retain age to be disbursed, at the Department's discretion, on or before the completion of the 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 Departinetst's Federal Aid Program Office. No estimate increase or decrease shall he effective unless it complies with fund participation requirements established in Exhibit "'a" 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 its 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 [he Agency and subcontractors considered necessary by the Department for a proper audit of costs. 5,02 Costs incurred for (be 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 considerable eligible costs. 5,03 Documentation of Project Costs: All costs charged to the project, including any approved services contributed by lite Agency or others, shall be supported by properly executed payrolls, time records, invoices, contracts, or vouchers evidencing in proper detail the nature 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. The Agency shall provide to the Department for each of its fiscal years 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 Audition , of Governmental Dr anixafions Pro rams Activities and Functions issued by the US General Accounting Office and DMI3 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, WPC number, Job number, and the Federal Identification number, where applicable, and the amount of state funding. Exhibit 1:1-2-1 Local Agency program Agreement 7.2-5