COSTA MESA, CITY OF (12) - Laserfiche WebLink

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4. Mutual Indemnity Provision: a.) 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. b.) Costa Mesa shall hold harmless , indemnify and defend Santa Ana 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 Costa Mesa or its officers, agents, or employees in the performance of this Agreement. S. Each City's share of the cost of THE PROJECT, including design engineering, survey and construction engineering shall be borne and paid for by the parties hereto in proportion to the amount of resurfacing and reconstruction actually performed in each City. The proportionate shares have been preliminarily apportioned as follow: A - Harbor Rehabilitation: to Costa Mesa in the amount of ninety-nine percent (99%) and to Santa Ana in the amount of one percent (1%); and B- Harbor Storm Drain Improvements and Intersection Improvements at Harbor Blvd. And Sunflower Ave.: to Costa Mesa in the amount of twenty-nine percent (29%) and to Santa Ana in the amount of seventy-one (71%). Such preliminary proportionate shares may be adjusted, as necessary, with the mutual approval of the City Engineers of Costa Mesa and Santa Ana and shall reflect the actual quantity of work performed in each city. b. Upon award of a construction contract to the successful 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, construction engineering, survey, and design engineering costs. 7. Any change orders deemed necessary or advisable by Costa Mesa may be executed by Costa Mesa, except that any change orders which may affect the construction within Santa Ana shall first be approved, in writing, by Santa Ana. Any changes requested by Santa Ana may likewise be processed and included. Santa Ana shall be responsible for payment of Santa Ana's share of all change orders affecting Santa Ana's portion of THE PROJECT. 9. Upon completion of THE PROJECT, Costa Mesa will forward to Santa Ana an itemized invoice setting forth the final contract costs for construction within Santa Ana. Said costs shall include the total amount paid to the contractor together with design engineering, survey, construction engineeering costs and change orders (if any) based upon actual charges. Santa Ana shall pay its share of funds to Costa Mesa within thirty (30) days of invoice. Harbor Rehab Agreement 2 of 3