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Project, delay to the Project or other impacts to the COUNTY resulting from not awarding the <br />Project contract. <br />3. CONSTRUCTION <br />3.1 The STATE will be the COUNTY's representative during construction and will act as <br />owner in the administration of the contract for the Project. The STATE will designate a STATE <br />Project Engineer as STATE's representative to provide all services and tools, including but not <br />limited to construction administration, inspection, materials testing, and representation, <br />necessary to administer and manage the contract to ensure that the Project is constructed in <br />accordance with the contract. <br />3.2 The COUNTY may at all times consult with and inquire of the STATE Project Engineer, <br />attend all meetings, and have access to all documentation concerning the Project. The <br />COUNTY shall not provide direction, directly or indirectly to the STATE's contractor. All <br />formal contacts between the COUNTY and the contractor shall be through the STATE's <br />representative. <br />3.3 Ifit becomes known that field changes or conditions will result in an increase in costs for <br />the Project exceeding the total amount available, the STATE shall within three (3) working days <br />consult with the COUNTY. Both Parties mutually agree to review all available options at that <br />time to move the Project forward, or implement the provisions of Section 4.9. <br />3.4 The COUNTY may inspect the Project at its sole cost and expense. All contact between <br />the COUNTY's inspector and the contractor shall be only through the STATE's inspector or the <br />STATE's representative identified above. <br />3.5 The STATE will prepare the final construction documentation in accordance with the <br />STATE's Construction Manual. The STATE will maintain one set of plans as the official "as- <br />built" set, then make notations in red ink of all plan revisions typically recorded per standard <br />STATE practices, as directed by the STATE's Construction Manual. Once the COUNTY has <br />accepted the Project per Section 5, the STATE will provide one reproducible set of as-built plans <br />to the COUNTY within thirty (30) working days following receipt of a request for a set from the <br />COUNTY. <br />4. CONTRACT CHANGES <br />4.1 Contract changes are subject to and contingent upon the availability of the state Regional <br />Mobility grants funding to pay for any changes to the Project. If increases in costs as a result of <br />required or elective changes exceed the available grant as provided herein, the STATE shall <br />initiate Project modifications or take such other steps to maintain Project contract costs within <br />the total available state Regional Mobility grant funding. <br />Agreement GCB 2170 1-90 Exit 78 Park & Ride Lot Page 3 of 11