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2. The prime contractor shall pay interest of 1-1/2 percent per month or any part of a month to the <br /> subcontractor on any undisputed amount not paid on time to the subcontractor. <br /> 3. The minimum monthly interest penalty payment for an unpaid balance of$100 or more is$10. <br /> For an unpaid balance of less than $100,the prime contractor shall pay the actual penalty due to <br /> the subcontractor. <br /> 4. A subcontractor who prevails in a civil action to collect interest penalties from a prime contractor <br /> must be awarded its costs and disbursements, including attorney's fees, incurred in bringing the <br /> action." <br /> 6.04 Final Payment <br /> A. Upon final completion and acceptance of the Work in accordance with Paragraph 15.06 of the General <br /> Conditions,Owner shall pay the remainder of the Contract Price as recommended by Engineer as <br /> provided in said Paragraph 15.06. <br /> ARTICLE 7—INTEREST <br /> 7.01 All amounts not paid when due shall bear interest at the rate of 1.5 percent per annum. <br /> ARTICLE 8—CONTRACTOR'S REPRESENTATIONS <br /> 8.01 In order to induce Owner to enter into this Contract,Contractor makes the following representations: <br /> A. Contractor has examined and carefully studied the Contract Documents,and any data and reference <br /> items identified in the Contract Documents. <br /> B. Contractor has visited the Site,conducted a thorough,alert visual examination of the Site and adjacent <br /> areas,and become familiar with and is satisfied as to the general, local,and Site conditions that may <br /> affect cost, progress,and performance of the Work. <br /> C. Contractor is familiar with and is satisfied as to all Laws and Regulations that may affect cost, progress, <br /> and performance of the Work. <br /> D. Contractor has carefully studied all: (1) reports of explorations and tests of subsurface conditions at or <br /> adjacent to the Site and all drawings of physical conditions relating to existing surface or subsurface <br /> structures at the Site that have been identified in the Supplementary Conditions, if any,especially with <br /> respect to Technical Data in such reports and drawings,and (2) reports and drawings relating to <br /> Hazardous Environmental Conditions, if any,at or adjacent to the Site that have been identified in the <br /> Supplementary Conditions,especially with respect to Technical Data in such reports and drawings. <br /> E. Contractor has considered the information known to Contractor itself; information commonly known to <br /> contractors doing business in the locality of the Site; information and observations obtained from visits to <br /> the Site;the Contract Documents; and the Site-related reports and drawings identified in the Contract <br /> Documents, if any,with respect to the effect of such information,observations,and documents on (1)the <br /> cost, progress,and performance of the Work; (2)the means, methods,techniques, sequences,and <br /> procedures of construction to be employed by Contractor; and (3)Contractor's safety precautions and <br /> programs. <br /> F. Based on the information and observations referred to in the preceding paragraph,Contractor agrees that <br /> no further examinations, investigations, explorations,tests,studies,or data are necessary for the <br /> performance of the Work at the Contract Price,within the Contract Times,and in accordance with the <br /> other terms and conditions of the Contract. <br /> G. Contractor is aware of the general nature of work to be performed by Owner and others at the Site that <br /> relates to the Work as indicated in the Contract Documents. <br /> City of Elk River-R13.119052 AGREEMENT <br /> August 2019 PAGE 00520-3 <br /> ©Bolton&Menk,Inc.2019,All Rights Reserved <br />