INTERLOCAL CONTRACT FOR DUCK CREEK, HOLLYWOOD BOULEVARD TO STEPHANIE STREET

Transcription

1 INTERLOCAL CONTRACT FOR DUCK CREEK, HOLLYWOOD BOULEVARD TO STEPHANIE STREET IS INTERLOCAL CONTRACT, made and entered into this /g f-49 day of,1999, by and between the Clark County Regional Flood Control District, l&inafter referred to as DISTRICT, and the County of Clark, hereinafter referred to as COUNTY. WITNESSETH WHEREAS, pursuant to Chapter 543 of the Nevada Revised Statutes, the DISTRICT approve a project to design and construct flood control improvements; and, may WHEREAS, the flood control improvements proposed herein are generally identified in the 1999 Master Plan Update for Duck Creek, Hollywood Boulevard to Stephanie Street, and Pittman Wash, Boulder Highway to Russell Road, structure numbers DCWA 0000 through 0337, and PTDC 0000 and 0013, hereinafter referred to as Project ; and, WHEREAS, the Project is identified and shown on the attached Exhibit A ; and, WHEREAS, it is desirable to proceed with the design of the Project; and, WHEREAS, the Project has been approved by the DISTRICT on its annual project priority list; and, WHEREAS, the Project has regional flood control significance and is located in the same hydrographic area as the Las Vegas Valley. NOW, THEREFORE, in consideration of the covenants, conditions, agreements, and promises hereto, the DISTRICT and the COUNTY agree to the following: SECTION I - SCOPE OF PROJECT The Project shall consist of the design engineering for the Duck Creek flood control facilities between Hollywood Boulevard and Stephanie Street, and Pittman Wash between Boulder Highway and Russell Road. Such facilities include reinforced concrete pipe, concrete lined channel, and/or reinforced concrete boxes, inlet, outlet, and other appurtenances as may be necessary to control flood waters. The improvements shall be funded through DISTRICT funds as herein described. The Project is further identified and shown on the attached Exhibit A. Duck cre& Hollywood to stcph8nie MJM:CB:ma: F Page 1 of4

2 SECTION II - PROJECT COSTS The DISTRICT agrees to provide finding for Project costs within the limits specified below: Design engineering in an amount not to exceed $900, The total cost of this Contract shall not exceed $900,000.00, which includes all the items described in paragraph 1 above. A written request must be made to the DISTRICT, and a supplemental inter-local contract approved to increase the total amount noted in paragraph 2 above, prior to payment of any additional fimds. SECTION III - GENERAL The title sheet of both the plans and the specifications shall show the Regional Flood Control District of Clark County as a funding agency. The COUNTY will comply with the Local Purchasing Act, Chapter 332, and Public Works Projects, Chapter 388 of the Nevada Revised Statutes. The COUNTY, its employees, and representatives shall at all times comply with all applicable laws, ordinances, statutes, rules, and regulations in effect at the time work is performed on the Project. The COUNTY will require appropriate financial security for the construction of the Project. The COUNTY shall provide all impacted entities and the DISTRICT with the opportunity to provide the COUNTY with input relative to the following processes: scope of services development; consultant selection; design; construction and maintenance review; and monitoring of the effectiveness and impacts of facilities on flood flows. Applicable portions of the current editions of the Policies and Procedures, the Hydrologic Criteria and Drainage Design Manual, and Uniform Regulations for Control of Drainage adopted by the DISTRICT will apply in developing this Project unless specifically superseded by this Contract. Purchases of right-of-way in excess of that actually needed for construction will not be allowed unless a comparison between the cost of excess acquisition and needed acquisition, including damages, indicates that benefits from such a transaction would result. Title to residual property will be vested in the name of the COUNTY. Revenues derived from the sale of these properties, less the cost of the sale of these properties, will be forwarded to the DISTRICT. Duck Creek Hollywml to Stephmie F MIM:CB:mCe Page 2 of 4

3 8. 9. Administrative settlements and acceptance of counter offers involving right-of-way may only be made following a review and approval by the DISTRICT. The DISTRICT will reimburse the COUNTY, or make payment directly to its contractor or its consultant, each month for Project costs as outlined in SECTION II - PROJECT COSTS. Invoices must identify and allocate all costs to the categories noted below: A. B. C. D. E. F. G. Right-of-way acquisition including appraisals, title and escrow, negotiations, legal fees, recording fees, etc. Predesign engineering (all work prior to design, excluding right-of-way). Design engineering. Construction engineering. Construction (all work after award of construction contract). Environmental: costs incurred by the entity for the preparation of environmental documentation applicable to the Project and costs incurred for the implementation of mitigation measures provided in an environmental document. Other including landscaping, flood insurance rate map amendments or revisions, etc Accurate documentation of all work done and payments made will be maintained by the COUNTY for a period of three (3) years in hard copy form after final Project approval and payment. Following the three (3) year period, the COUNTY shall keep records for permanent storage in original form or in microfilm/fiche media. The DISTRICT reserves the right to review and/or audit all records pertaining to all projects both during and after Project completion. The COUNTY will be responsible for any loss, damage, liability, cost or expense caused by the actions or inactions of its employees, consultants, contractors or agents arising under this Contract and hereby holds the DISTRICT harmless therefrom. Any costs found to be improperly allocated to the Project will be refunded by the COUNTY to the DISTRICT. Duck CT& Hollywood to Stephanie Fs71008 MJM:cB:mcc Page 3 of 4

4 14. The items covered in SECTIONII -PROJECT COSTS must be completed to the satisfaction of the DISTRICT prior to July 1,2002. The DISTRICT may, at any time thereafter, grant extensions or terminate this Contract after thirty (30) day notice. Date of Commission Action: CLARK COUNTYBOARD OF COMMISSIONERS ATTEST: BY: & - BRUCE L. WOODBURY, kh airman SHIRLEY B. P Date of District Action: REGIONAL FLOOD CONTROL DISTRICT ATTEST: APPROVED AS TO FORM: Secretary to the Board Deputy ni strict Attorney Duok Crook Hollywood to Stephanie Mlh4:cB:mcc F Page 4 of4

5 Exhibit A Duck Creek Hollywood Boulevard to Stephanie Street TROPICANA - F / LL /f - /- (

6 SUPPLEMENTAL NO. 1 TO THE INTERLOCAL CONTRACT FOR DUCK CREEK, HOLLYWOOD BOULEVARD TO STEPHANIE STREET referred to as COUNTY. OCAL CONTRACT, made and entered into as of the,2000, by and between the Clark County Regional as DISTRICT, and County of Clark, hereinafter WITNESSETH WHEREAS, pursuant to Chapter 543 of the Nevada Revised Statues, the DISTRICT may approve a project to design and construct flood control improvements; and, WHEREAS, the flood control improvements proposed herein are generally identified in the 1997 Master Plan Update, Structures No. DCWA 0203 through 0340 and PTDC 0000 through 0013, hereinafter referred to as Project ; and, WHEREAS, WHEREAS, the Project is identified and shown on the attached Exhibit A ; and, the DISTRICT approved an Interlocal Contract for design engineering; and, WHEREAS, additional funding is necessary for design and environmental mitigation of the Project, and it is necessary to extend the Project completion date; and, WHEREAS, the Project has regional flood control significance and is located in the same hydrographic area as the Las Vegas Valley. NOW, THEREFORE, in consideration ofthe covenants, conditions, contracts and promises of the parties, hereto, it is mutually understood and agreed to supplement the Interlocal Contract approved August 12, 1999, as follows: SECTION II - PROJECT COSTS shall be changed to read as follows: The DISTRICT agrees to fund Project costs within the limits specified below: 1. Design engineering shall not exceed $1,050,000.00, 2. Environmental mitigation shall not exceed $40, The total cost of this Contract shall not exceed $1,090,500.00, which includes all the items described in paragraphs 1 and 2 above. 4. A written request must be made to the DISTRICT and approved by the Board to reallocate funds between phases of the Project. No other approval by the Lead Entity is required. Duck Creek, Hollywood to Stephanie, Supp No.1 Page 1 of 2

7 5. A written request must be made to the DISTRICT and a supplemental interlocal contract approved by the Board to increase the total cost of the contract noted above prior to payment of any additional funds. SECTION III - GENERAL, paragraph 14 shall be changed to read as follows: The items covered in SECTION II -PROJECT COSTS must be completed to the satisfaction of the DISTRICT prior to July 1,2003. The DISTRICT may, at any time thereafter, grant extensions or terminate this CONTRACT after thirty (30) days notice. The remainder of the Interlocal Contract remains unchanged. Date of Commission Action: CLARKCOUNTY BOARD OF COh4MISSIONERS /o-/ 7- DO By: Attest: BRUCE L. WOODBURY - Chairman Date of District Action: REGIONAL FLOOD CONTROL DISTRICT Attest: I CAROLYN FRAZIER Secretary to the Board u Deputy D<strict Attorney Duck Creek, Hollywood to Stephanie, Supp No.1 Page 2 of 2

8

9 SUPPLEMENTAL NO. 2 TO THE INTERLOCAL CONTRACT DUCK CREEK, HOLLYWOOD BOULEVARD TO STEPHANIE STREET THIS S PPLEMENTAL TO THE INTERLOCAL CONTRACT, made and entered into day of d&fl,&,d.,2001,byandbetweenthe Clark County Regional Flood Control District, here after referred to as DISTRICT, and County of Clark, hereinafter referred to as COUNTY. asofthe /@I % WITNESSETH WHEREAS, pursuant to Chapter 543 of the Nevada Revised Statutes, the DISTRICT may approve a project to design and construct flood control improvements; and, WHEREAS, thefloodcontrolimprovementsproposedherein are the same asthose identified in the 1997 Master Plan Update, Structures No. DCWA 0203 through 0340, and PTDC 0000 through 0013, hereinafter referred to as Project ; and, WHEREAS, the Project is identified and shown on the attached Exhibit A ; and, WHEREAS, the DISTRICT approved an Interlocal Contract for design and environmental mitigation funding of the Project; and, WHEREAS, it is necessary to increase design and environmental mitigation funding of the Project; and, - NOW, THEREFORE, in consideration of the covenants, conditions, contracts and promises of the parties hereto, the DISTRICT and the COUNTY agree to supplement the Interlocal Contract approved August 12,1999, and supplemental Interlocal Contract approved September 14,2#0, as follows: m;j.,--? r,. L G. SECTION I1 - PROJECT COSTS, paragraphs 1 and 2 shall be changed to read as fohws2; i n c f ; The DISTRICT agrees to fund Project costs within the limits specified below: 1. Design engineering inanamountnottoexceed $1,220, Environmental mitigation amount an in not to exceed $70, c 3. ;.= -t d -. Ill ** e? r+. 6. *..% 5,:ib 3. The total cost of this Interlocal Contract shall not exceed $1,290,500.00, which includes all the items described in paragraphs above. 21 and A written request must be made to the DISTRICT and approved by the Board to reallocate funds between phases of the Project. No other approval by the Lead Entity is required..:.- 40 )., I I Duck Creek, Hollywood to Stephanie, No 2, F Page 1 of 2

10 5. A written request must be made to the DISTRICT and a supplemental interlocal contract approved by the Board to increase the total cost of the Interlocal Contract noted above prior to payment of any additional funds. The remainder of the Interlocal Contract remains unchanged. Date of Commission Action: CLARKCOUNTY BOARD /L/cly Is, 1 I By: DARIO HERRERA Chairman Attest: OF COMMISSIONERS Y Date of District Action: u Clerk County V REGIONAL FLOOD CONTROL Drsmc-r By: Attest: LAWRENCE L. BROWN, 111, Chairman " L"-) CAROL~FRAZIER U Secretary to the Board Approved as to Form: *': - Duck Creek, Hollywood to Stephanie, No 2, F Page 2 of 2

11 Exhibit A Duck Creek Hollywood Boulevard to Stephanie Street

12 T SUPPLEMENTAL NO. 3 TO THE INTERLOCAL CONTRACT DUCK CREEK, HOLLYWOOD BOULEVARD TO STEPHANIE STREET THIS SUPPLEMENTAL TO THE INTERLOCAL CONTRACT, made and entered into as ofthe /d!f8 day of &&SJ&,~,2002, by and between the Clark County Regional Flood Control District, herdnafter referred to as DISTRICT, and County of Clark, hereinafter referred to as COUNTY. WITNESSETH WHEREAS, pursuant to Chapter 543 of the Nevada Revised Statutes, the DISTRICT may approve a project to design and construct flood control improvements; and, WHEREAS, the flood control improvements proposed herein are the same as those identified in the 1997 Master Plan Update, Structures No. DCWA 0203 through 0340, and PTDC 0000 through 00 13, hereinafter referred to as Project ; and, WHEREAS, the Project is identified and shown on the attached Exhibit A ; and, WHEREAS, the Project has been approved by the DISTRICT on its annual project priority list; and, WHEREAS, the DISTRICT approved an Interlocal Contract to provide funds for design and environmental mitigation funding of the Project; and, WHEREAS, it is necessary to increase design funding for the Project; and, WHEREAS, the Project has regional flood control significance and is located in the same hydrographic area as the Las Vegas Valley. NOW, THEREFORE, in consideration of the covenants, conditions, contracts and promises of the parties hereto, the DISTRICT and the COUNTY agree to supplement the Interlocal Contract approved August 12,1999, the Supplemental Interlocal Contract approved September 14,2000, and the Supplemental Interlocal Contract approved April 12,200 1, as follows: SECTION I1 - PROJECT COSTS, paragraphs 1 and 2 shall be changed to read as follows: The DISTRICT agrees to fund Project costs within the limits specified below: 1. Design in an amount not to exceed $1,265, Environmental mitigation in an amount not to exceed $75, Duck Creek, Hollywood to Stephanie, No 3, F Page 1 of 2

13 3. The total cost of this Interlocal Contract shall not exceed $1,340,500.00, which includes all the items described in the paragraphs above. 4. A written request must be made to the DISTRICT and approved by the Board to reallocate funds between phases of the Project. No other approval by the Lead Entity is required. 5. A written request must be made to the DISTRICT and a supplemental interlocal contract approved by the Board to increase the total cost of the Interlocal Contract noted above prior to payment of any additional funds. The remainder of the Interlocal Contract remains unchanged. Date of Commission Action: ockb6l-t / 2m-2.. CLARKCOUNTY BOARD OF COMMISSIONERS By: DARIO HERRERA Chairman Attest: Date of District Action: /d, i2@aa, County Clerk v V REGIONAL FLOOD CONTROL DISTRICT By: Attest: CAROLYN ~RAZIER Secretary to the Board Approved as to Form: Chief Deputy District Attorney Duck Creek, Hollywood to Stephanie, No 3, F Page 2 of 2

14 Exhibit "A" Duck Creek Hollywood Blvd to Stephanie St F / /DRA6EK/DlSPLAYs/CINDY~/DC~~AC~~l CdG T

15 SUPPLEMENTAL NO. 4 TO THE INTERLOCAL CONTRACT FOR DUCK CREEK, HOLLYWOOD BOULEVARD -- TO STEPHANIE STREET THIS SUPPLEM AL TO THE INTERLOCAL CONTRACT, made and entered into as of the day of,2003, by and between the Clark County Regional Flood Control District, hereinafter referrd to as DISTRICT, and County of Clark, hereinafter referred to as COUNTY. WITNESSETH WHEREAS, pursuant to Chapter 543 of the Nevada Revised Statutes, the DISTRICT may approve a project to design and construct flood control improvements; and, WHEREAS, the flood control improvements proposed herein are generally identified in the 2002 Master Plan Update, Structures No. DCWA 0203 through 0340, and PTDC 0000 through 00 13, hereinafter referred to as Project ; and, WHEREAS, the Project is identified and shown on the attached Exhibit A ; and, WHEREAS, the project has been approved by the DISTRICT on its annual project priority list; and, WHEREAS, the DISTRICT approved an Interlocal Contract to provide funds for design, right-of-way acquisition, and environmental mitigation of the Project; and, WHEREAS, it is necessary to increase design funding for the Project; and, WHEREAS, the Project has regional flood control significance and is located in the same hydrographic area as the Las Vegas Valley. NOW, THEREFORE, in consideration of the covenants, conditions, contracts and promises of the parties hereto, the DISTRICT and the COUNTY agree to supplement the Interlocal Contract approved August 12, 1999, supplemental Interlocal Contract approved September 14, 2000, supplemental Interlocal Contract approved April 12, 200 1, and supplemental Interlocal Contract approved September 12,2002, as follows: SECTION I1 - PROJECT COSTS, shall be changed to read as follows: The DISTRICT agrees to fund Project costs within the limits specified below: 1. Design engineering in an amount not to exceed $1,615, Environmental mitigation in an amount not to exceed $75, Duck Creek, Hollywood to Stephanie 4, No. F Page I of2

16 3. The total cost of this Interlocal Contract shall not exceed $1,690,500.00, which includes all the items described in the paragraphs above. 4. A written request must be made to the DISTRICT and approved by the Board to reallocate funds between phases of the Project. No other approval by the Lead Entity is required. 5. A written request must be made to the DISTRICT and a supplemental interlocal contract approved by the Board to increase the total cost of the Interlocal Contract noted above prior to payment of any additional funds. The remainder of the Interlocal Contract remains unchanged. Date of Commission Action: 3//8/83 I CLARK COUNTY BOARD OF COMMISSIONERS By: Attest: n Date of District Action: &3/*@3 County Clerk I/ REGIONAL FLOOD CONTROL DISTRICT By: Attest: Secretary to the Board 1 Chief Deputy District Atto& / Duck Creek, Hollywood to Stephanie 4, No. F Page 2 of 2..

17 Exhibit "A" Duck Creek Hollywood Boulevard To Stephanie Street RUSSELL

18 SUPPLEMENTAL NO. 5 TO THE INTERLOCAL CONTRACT FOR DUCK CREEK, HOLLYWOOD BOULEVARD TO STEPHANIE STREET THIS SUPPLEMENTAL TO THE INTERLOCAL CONTRACT, made and entered into as ofthe /g 4 day of,2003, by and between the Clark County Regional Flood Control District, DISTRICT, and County of Clark, hereinafter referred to as COUNTY. WITNESSETH WHEREAS, pursuant to Chapter 543 of the Nevada Revised Statutes, the DISTRICT may approve a project to design and construct flood control improvements; and, WHEREAS, the flood control improvements proposed herein are the same as those identified in the 2002 Master Plan Update, Structures No. DCWA , and PTDC , hereinafter referred to as Project ; and, WHEREAS, the Project is identified and shown on the attached Exhibit A ; and, and, WHEREAS, the Project has been approved by the District on its annual project priority list; WHEREAS, the DISTRICT approved an interlocal contract to provide funds for design and environmental mitigation of the Project; and, WHEREAS, it is necessary to extend the completion date of the Project; and, WHEREAS, the Project has regional flood control significance and is located in the same hydrographic area as the Las Vegas Valley. NOW, THEREFORE, in consideration of the covenants, conditions, contracts and promises of the parties hereto, the DISTRICT and the COUNTY agree to supplement the Interlocal Contract approved August 12, 1999, supplemental Interlocal Contract approved September 14, 2000, supplemental Interlocal Contract approved April 12, 200 1, supplemental Interlocal Contract approved September 12,2002, and supplemental interlocal contract approved February 13,2003, as follows: SECTION GENERAL, paragraph 14 shall be changed to read as follows: 14. The items covered in SECTION IT - PROJECT COSTS must be completed to the satisfaction of the DISTRICT prior to July 1,2008. The DISTRICT may, at any time thereafter, grant extensions or terminate this Interlocal Contract after thirty (30) days notice. Duck Creek, Hollywood to Stephanie, No. 5, F Page I of2

19 The remainder of the Interlocal Contract remains unchanged. Date of Commission Action: CLARKCOUNTY BOARD OF COMMISSIONERS / By: Date of District Action: (,>L,m / ; /Z,dL/33 REGIONAL FLOOD CONTROL DIST.WCT By: Attest: \&@J7 I / CAROLYNdWIER Secretary to the Board Approved as to Form:, Chief Deputy District Attorney Duck Creek, Hollywood to Stephanie, No. 5, F Page 2 of 2

20 Exhibit "A" Duck Creek Hollywood Boulevard To Stephanie Street