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ARTICLE IV - FISCAL PROVISIONS <br />1. All contractual obligations of STATE are subject to the appropriation of resources by the <br />Legislature and the allocation of resources by the California Transportation Commission (CTC). <br />2. STATE'S financial commitment of federal funds will occur only upon the execution of this <br />AGREEMENT, the authorization of the project -specific E-76 or E-76 (AMOD), the execution of <br />each project -specific PROGRAM SUPPLEMENT, and STATE's approved finance letter. <br />3. ADMINISTERING AGENCY may submit signed invoices in arrears for reimbursement of <br />participating PROJECT costs on a regular basis once the project -specific PROGRAM <br />SUPPLEMENT has been executed by STATE. <br />4. ADMINISTERING AGENCY agrees, as a minimum, to submit invoices at least once every six <br />(6) months commencing after the funds are encumbered on either the project -specific PROGRAM <br />SUPPLEMENT or through a project -specific finance letter approved by STATE. STATE reserves <br />the right to suspend future authorizations/obligations, and invoice payments for any on-going or <br />future federal -aid project by ADMINISTERING AGENCY if PROJECT costs have not been <br />invoiced by ADMINISTERING AGENCY for a six (6) month period. <br />5. Invoices shall be submitted on ADMINISTERING AGENCY letterhead that includes the address <br />of ADMINISTERING AGENCY and shall be formatted in accordance with LOCAL ASSISTANCE <br />PROCEDURES. <br />6. ADMINISTERING AGENCY must have at least one copy of supporting backup documentation <br />for costs incurred and claimed for reimbursement by ADMINISTERING AGENCY. <br />ADMINISTERING AGENCY agrees to submit supporting backup documentation with invoices if <br />requested by State. Acceptable backup documentation includes, but is not limited to, agency's <br />progress payment to the contractors, copies of cancelled checks showing amounts made payable <br />to vendors and contractors, and/or a computerized summary of PROJECT costs. <br />7. Payments to ADMINISTERING AGENCY can only be released by STATE as reimbursement of <br />actual allowable PROJECT costs already incurred and paid for by ADMINISTERING AGENCY. <br />8. Indirect Cost Allocation Plans/Indirect Cost Rate Proposals (ICAP/ICRP), Central Service Cost <br />Allocation Plans and related documentation are to be prepared and provided to STATE (Caltrans <br />Audits & Investigations) for review and approval prior to ADMINISTERING AGENCY seeking <br />reimbursement of indirect costs incurred within each fiscal year being claimed for State and <br />federal reimbursement. ICAPs/ICRPs must be prepared in accordance with the requirements set <br />forth in 2 CFR, Part 200, Chapter 5 of the Local Assistance Procedural Manual, and the <br />ICAP/ICRP approval procedures established by STATE. <br />9. Once PROJECT has been awarded, STATE reserves the right to de -obligate any excess <br />federal funds from the construction phase of PROJECT if the contract award amount is less than <br />the obligated amount, as shown on the PROJECT E-76 or E-76 (AMOD). <br />10. STATE will withhold the greater of either two (2) percent of the total of all federal funds <br />encumbered for each PROGRAM SUPPLEMENT or $40,000 until ADMINISTERING AGENCY <br />submits the Final Report of Expenditures for each completed PROGRAM SUPPLEMENT <br />PROJECT. <br />Page 8 of 26 <br />