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undisputed amount not paid on time to the Subcontractor. The minimum monthly interest penalty
<br />payment for an unpaid balance of $100.00 or more is $10.00 for an unpaid balance of less than $100.00,
<br />the Prime Contractor shall pay the actual penalty due to the subcontractor. A Subcontractor who prevails
<br />in a civil action to collect interest penalties from a Prime Contractor must be awarded its costs and
<br />disbursements, including attorney's fees, incurred in bringing the action.
<br />SC-8.02 COORDINATION
<br />Delete Paragraph 8.02.A and 8.02.B in its entirety and replace with the following:
<br />8.02.A. Owner does not intend to contract with others for the performance of other work on the Project at the
<br />Site.
<br />SC-8.04 CLAIMS BETWEEN CONTRACTORS
<br />Add the following new paragraphs immediately after paragraph 8.03:
<br />8.04 Claims Between Contractors
<br />8.04.A. Should Contractor cause damage to the work or property of any other contractor at the Site, or should
<br />any claim arising out of Contractor's performance of the Work at the Site be made by any other contractor against
<br />Contractor, Owner, Engineer, or the construction coordinator, then Contractor (without involving Owner,
<br />Engineer, or construction coordinator) shall either (1) remedy the damage, (2) agree to compensate the other
<br />contractor for remedy of the damage, or (3) remedy the damage and attempt to settle with such other contractor
<br />by agreement, or otherwise resolve the dispute by arbitration or at law.
<br />8.04.B. Contractor shall, to the fullest extent permitted by Laws and Regulations, indemnify and hold harmless
<br />Owner, Engineer, the construction coordinator and the officers, directors, partners, employees, agents and other
<br />consultants and subcontractors of each and any of them from and against all claims, costs, losses and damages
<br />(including, but not limited to, fees and charges of engineers, architects, attorneys, and other professionals and
<br />court and arbitration costs) arising directly, indirectly or consequentially out of any action, legal or equitable,
<br />brought by any other contractor against Owner, Engineer, consultants, or the construction coordinator to the
<br />extent said claim is based on or arises out of Contractor's performance of the Work. Should another contractor
<br />cause damage to the Work or property of Contractor or should the performance of work by any other contractor
<br />at the Site give rise to any other Claim, Contractor shall not institute any action, legal or equitable, against Owner,
<br />Engineer, or the construction coordinator or permit any action against any of them to be maintained and
<br />continued in its name or for its benefit in any court or before any arbiter which seeks to impose liability on or to
<br />recover damages from Owner, Engineer, or the construction coordinator on account of any such damage or Claim.
<br />8.04.C. If Contractor is delayed at any time in performing or furnishing the Work by any act or neglect of another
<br />contractor, and Owner and Contractor are unable to agree as to the extent of any adjustment in Contract Times
<br />attributable thereto, Contractor may make a Claim for an extension of times in accordance with Article 12. An
<br />extension of the Contract Times shall be Contractor's exclusive remedy with respect to Owner, Engineer, and
<br />construction coordinator for any delay, disruption, interference, or hindrance caused by any other contractor. This
<br />paragraph does not prevent recovery from Owner, Engineer, or construction coordinator for activities that are
<br />their respective responsibilities.
<br />SC-10.03 PROJECT REPRESENTATIVE
<br />Add the following new paragraphs immediately after Paragraph 10.03.A:
<br />10.03.B. The Resident Project Representative (RPR) will be Engineer's representative at the Site, will act as directed
<br />by and under the supervision of Engineer, and will confer with Engineer regarding RPR's actions.
<br />City of Ramsey - R16.111092 SUPPLEMENTARY CONDITIONS
<br />April 5, 2017 PAGE 00800-4
<br />© Bolton & Menk, Inc. 2016, All Rights Reserved
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