COSTA MESA, CITY OF (11) - Laserfiche WebLink

Home Browse Search

,r F (b) SANTA ANA shall hold harmless, indemnify and defend COSTA MESA and its officers, agents and employees from and against all claims and liabilities for injury to person or property arising out of any negligent or wrongful act, error or omission of SANTA ANA or its officers, agents, or employees in the performance of this Agreement. 5. The cost of Project shall be borne and paid for by the parties hereto in proportion to the areas actually renovated in each city respectively. The proportionate shares of the parties are pre- liminary estimated to be as follows: COSTA MESA 56% and SANTA ANA 44%. Such preliminary proportionate share shall be adjusted as necessary, with mutual approval of the City Engineers of both cities to reflect the actual costs of work done in each City. 6. COSTA MESA and SANTA ANA each agree to pay their pro- portionate share of design engineering, including deflection test analysis, survey and construction engineering costs, contract admin- istration and testings of Project. The amount that each party shall pay for said cost shall be allocated in the same proportion as used for distribution of the construction costs for Project. 7. Upon award of the construction contract to the suc- cessful bidder, COSTA MESA will forward a copy of the bid abstract to SANTA ANA together with an invoice for SANTA ANA'S estimated proportionate share of construction and design engineering costs. SANTA ANA will pay its share of funds to COSTA MESA within thirty (30) days of invoice. 8. Upon completion of Project, COSTA MESA will for- ward to SANTA ANA an itemized invoice setting forth the final con- tract costs for the construction within SANTA ANA. Said costs shall include the total amount paid to the contractor together with survey and inspection costs based upon actual charges. Appropriate funding adjustments will be made by both cities within thirty (30) days thereof. 9. Upon recordation of the Notice of Completion, each party shall maintain those improvements which remain .within its respective corporate limits. - 2 -