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MASTER AGREEMENT # TSM/FCR 5041 Page 3 of 6 (c) Ineligible costs were not claimed as reimbursable on PROJECT. (d) Preliminary and Construction Engineering do not exceed the prescribed limits. 8. The Final Project Expenditure Report must be completed within 120 days of project completion and should be in the format described in Volume I, Section 19, Exhibit 19- la, of the Local Programs Manual. The Final Audit must be completed by December 30 following the fiscal year of project completion. Project completion is defined as "when all work identified in the approved Project Application and Program Supplement Agreement has been completed and final costs are known." The report documents (Final Project Expenditure Report and Final Audit Report) will be sent to the appropriate STATE District Office. Failure to comply with these reporting requirements may result in the withholding of future allocations. 9. The STATE reserves the right to conduct technical and financial audits if it is determined necessary. After the financial audit, LOCAL ENTITY shall refund any excess STATE funds reimbursed. 10. Should LOCAL ENTITY fail to pay STATE claims within thirty (30) days of demand, the STATE, acting through State Controller, may withhold an equal amount from future apportionments due the LOCAL ENTITY from the Highway Users Tax Fund. STATE may, at its option, apply any monies due the LOCAL ENTITY by the STATE to pay these claims. 11. When PROJECT includes work to be performed by a railroad, the contract for such work shall be entered into by LOCAL ENTITY. LOCAL ENTITY shall enter into an agreement with the railroad providing for maintenance of the protective devices or other facilities installed under the service contract. ARTICLE III - Engineering 1. 'Project Development Costs" includes all preliminary work up to contract award related to PROJECT, including, but not limited to, environmental studies; preliminary surveys and reports; laboratory work; soil investigation; preparation of plans, specifications and estimates; advertising for bids; and awarding contract, as well as Project Development Oversight, Project Development Contract Administration and Right of Way staff support costs. STATE funds for Project Development Costs are limited to 20 percent of the value of PROJECT, including construction and right of way acquisition cost. 2. "Construction Engineering" eligible costs include actual inspection and supervision of construction work, construction staking, laboratory and field testing, preparation and processing of field reports and records, estimates, final reports, and allowable expenses of employees/consultants engaged in such activities. STATE FUNDS for Construction Engineering (CE) are limited to 15 percent of the construction cost of PROJECT.