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11. The estimated total cost of PROJECT, the amount of federal funds obligated, and the required <br />matching funds may be adjusted by mutual consent of the PARTIES hereto with a finance letter, a <br />detailed estimate, if required, and approved E-76 (AMOD). Federal -aid funding may be increased <br />to cover PROJECT cost increases only if such funds are available and FHWA concurs with that <br />increase. <br />12. When additional federal -aid funds are not available, ADMINISTERING AGENCY agrees that <br />the payment of federal funds will be limited to the amounts authorized on the PROJECT specific <br />E-76 / E-76 (AMOD) and agrees that any increases in PROJECT costs must be defrayed with <br />ADMINISTERING AGENCY's own funds. <br />13. ADMINISTERING AGENCY shall use its own non-federal funds to finance the local share of <br />eligible costs and all expenditures or contract items ruled ineligible for financing with federal funds. <br />STATE shall make the determination of ADMINISTERING AGENCY's cost eligibility for federal <br />fund financing of PROJECT costs. <br />14. ADMINISTERING AGENCY will reimburse STATE for STATE's share of costs for work <br />performed by STATE at the request of ADMINISTERING AGENCY. STATE's costs shall include <br />overhead assessments in accordance with section 8755.1 of the State Administrative Manual. <br />15. Federal and state funds allocated from the State Transportation Improvement Program (STIP) <br />are subject to the timely use of funds provisions enacted by Senate Bill 45, approved in 1997, and <br />subsequent STIP Guidelines and State procedures approved by the CTC and STATE. <br />16. Federal funds encumbered for PROJECT are available for liquidation for a period of six (6) <br />years from the beginning of the State fiscal year the funds were appropriated in the State Budget. <br />State funds encumbered for PROJECT are available for liquidation only for six (6) years from the <br />beginning of the State fiscal year the funds were appropriated in the State Budget. Federal or <br />state funds not liquidated within these periods will be reverted unless a Cooperative Work <br />Agreement (CWA) is submitted by ADMINISTERING AGENCY and approved by the California <br />Department of Finance (per Government Code section 16304). The exact date of fund reversion <br />will be reflected in the STATE signed finance letter for PROJECT. <br />17. Payments to ADMINISTERING AGENCY for PROJECT -related travel and subsistence (per <br />diem) expenses of ADMINISTERING AGENCY forces and its contractors and subcontractors <br />claimed for reimbursement or as local match credit shall not exceed rates authorized to be paid <br />rank and file STATE employees under current State Department of Personnel Administration <br />(DPA) rules. If the rates invoiced by ADMINISTERING AGENCY are in excess of DPA rates, <br />ADMINISTERING AGENCY is responsible for the cost difference, and any overpayments <br />inadvertently paid by STATE shall be reimbursed to STATE by ADMINISTERING AGENCY on <br />demand within thirty (30) days of such invoice. <br />18. ADMINISTERING AGENCY agrees to comply with 2 CFR, Part 200, Uniform Administrative <br />Requirements, Cost Principles and Audit Requirement for Federal Awards. <br />19. ADMINISTERING AGENCY agrees, and will assure that its contractors and subcontractors will <br />be obligated to agree, that Contract Cost Principles and Procedures, 48 CFR, Federal Acquisition <br />Regulations System, Chapter 1, Part 31, et seq., shall be used to determine the allowability of <br />individual PROJECT cost items. <br />Page 9 of 26 <br />