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<br /> <br />1.3. Construction. Promptly after approval of the design and plans and <br />specification for the Transit Hub Improvements, Equitable shall cause the Transit Hub <br />Improvements to be constructed. The parties anticipate that construction shall occur as <br />part of other construction activities at Rosedale, .and specifically agree that construction <br />of the Transit Hub Improvements sha 11 commence not later than Apri 11, 1992, and shall <br />be substantially completed according 10 the material provisions of the approved plans and <br />specifications, as changed by written change orders, by not later than June 1, 1992. The <br />above commencement and substantial completion dales are subject, however, to the <br />provisions of paragraph 6.9(a) hereof. <br /> <br />1.4: Pavment to Equitable. <br /> <br />(a) It is understood and agreed that the design of, preparation of the plans and <br />specifications for, and construction of the Transit Hub Improvements shall be managed <br />and done by Equitable. The City agrees to pay to Equitable (i) 50% of all costs incurred <br />by Equitable in connection with the design of and preparation of the plans and <br />specifications for, and the preparation of bidding documents for, and the bidding itself <br />for, the Transit Hub Improvements, and (Ii) 100% of all costs incurred by Equitable in <br />connection with the construction ofthe Transit Hub Improvements. However, the total <br />amount to be paid by the City for such costs at to and (ii) above shall not exceed the sum <br />of four hundred thousand dollars ($400,000). Equitable shall give to City each month a <br />statement for all such costs incurred during the then prior month, and City shall pay such <br />statement within thirty (30) days after it is given to City; provided, however, that the first <br />statement given by Equitable after signing this Agreement may be for all costs incurred, <br />by Equitable up through the month prior to the month in which such statement is given. If <br />any statement is not paid in full within said thirty (30) day period, then the unpaid portion <br />of the statement shall bear interest at 12% per annum from the date of the statement until <br />paid, and any partial payment of a statement shall be applied first to accrued interest and <br />then to principal The costs to be paid by City shall include all costs and fees paid or <br />incurred by Equitable to architects, attorneys, engineers, contractors, subcontractors, <br />material suppliers, laborers, and its own employees, agents and representatives. due to or <br />arising in connection with the design of, the preparation of plans and specifications and <br />bidding documents for, the taking of bids for, and the construction of, the Transit Hub <br />Improvements, including, without limitation. additional Insurance premiums due to <br />construction of the Transit Hub Improvement, and overtime costs of employees of <br />Equitable or its agents due to such construction. <br /> <br />(b) Equitable, once the plans and specifications for the Transit Hub Improvement <br />have been approved or deemed approved, by RTB as above provided, shall obtain bids <br />for the construction ofthe Transit Hub Improvements. If the bid of the lowest responsible <br />bidder, as determined by Equitable, is in excess of the maximum amount to be paid by <br />City for construction costs, as set out in paragraph 1.4{a}(ii) hereof, then Equitable shall <br />