INTERLOCAL CONTRACT FOR BLUE DIAMOND WASH WIGWAM, UNION PACIFIC RAILROAD TO JONES BOULEVARD

INTERLOCAL CONTRACT FOR BLUE DIAMOND WASH WIGWAM, UNION PACIFIC RAILROAD TO JONES BOULEVARD 44 THIS INTERLOCAL CONTRACT, made and entered into this // day of 2005, by and between the Clark County Regional Flood Control District, hereinafter DISTRICT, and the 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 described in the 2002 Master Plan Update, Structures No. BDWl 0000, 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 Ten Year Construction Program; and, WHEREAS, it is desirable to proceed with the design 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; and, NOW, THEREFORE, in consideration of the covenants, conditions, contracts, and promises of the parties hereto, the DISTRICT and the COUNTY agree to the following: SECTION I - SCOPE OF PROJECT This Interlocal Contract applies to engineering and environmental mitigation of improvements associated with the Blue Diamond Wash Wigwam, Union Pacific Railroad to Jones Boulevard. The basic improvements shall consist of flood water facilities including pipes, channels, dikes, energy dissipators, channel structures, channel access, and other appurtenances as may be necessary to control floodwaters. The improvements shall be funded through DISTRICT f h d s as herein described. The Project is further identified and shown on the attached Exhibit A. SECTION I1 - PROJECT COSTS The DISTRICT agrees to fund Project costs within the limits specified below: Blue Diamond Wash Wigwam, UPRR - Jones, F050811 Page 1 of 4 CLA16G05

1. Design in an amount not to exceed $104,000.00. 2. Right-of-way acquisition including appraisals, title and escrow, negotiations, legal fees, recording fees, etc. in an amount not to exceed $500.00. 3. Environmental mitigation in an amount not to exceed $500.00. 4. The total cost of this Interlocal Contract shall not exceed $105,000.00, which includes all the items described in the paragraphs above. 5. 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. 6. 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 I11 - GENERAL 1. The Clark County Regional Flood Control District shall be shown on the title sheet of both the plans and the specifications as the funding agency. 2. The COUNTY will comply with the Local Purchasing Act, Chapter 332, and Public Works Projects, Chapter 338 of the Nevada Revised Statutes. 3. 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. 4. The COUNTY will require appropriate financial security for the construction of the Project. 5. 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. 6. 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. 7. 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 - Blue Diamond Wash Wigwam, UPRR Jones, F050811 Page 2 of 4 CLAl6G05

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. 8. Administrative settlements and acceptance of counter offers involving right-of-way may only be made following a review and approval by the DISTRICT. 9. 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 I1 - PROJECT COSTS. Invoices must identify and allocate all costs to the categories noted below: A. Right-of-way acquisition including appraisals, title and escrow, negotiations, legal fees, recording fees, etc. B. Predesign engineering (all work prior to design, excluding right-of-way). C. Design engineering. D. Construction engineering. E. Construction (all work after award of construction contract). F. 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 (e.g. EIS or EA). G. Other including landscaping, flood insurance rate map amendments or revisions, etc. 10. 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, in microfildfiche media, or an electronic format. 1 1. The DISTRICT reserves the right to review and/or audit all records pertaining to all projects both during and after Project completion. 12. Up to the limits set forth in NRS Chapter 41, the COUNTY will indemnify and defend the DISTRICT against and from any and all claims and demands of whatsoever nature which arises out of allegations of negligence or misconduct of County officers, employees or agents, related to or under this Contract which results from injury to or death of any persons whomsoever, or against and from damage to or loss or destruction of property. Blue Diamond Wash Wigwam, UPRR - Jones, F05081 I Page 3 of 4 CLAI 6G05 -.. " _.

13. Any costs found to be improperly allocated to the Project will be refunded by the COUNTY to the DISTRICT. 14. The items covered in SECTION I1 - PROJECT COSTS must be completed to the satisfaction of the DISTRICT prior to June 30, 2010. The DISTRICT may, at any time thereafter, grant extensions or terminate this Interlocal Contract after thirty (30) days notice. Date of Commission Action: 7 :' CLARK CO t By: / RORY REID Chairman Attest: Date of District Action: 4, amj- REGIONAL FLOOD CONTROL DISTRICT By: R O W, 111, Chairman Attest: Secretary to the Board Approved as to Form: \ Chief Deputy District Attorney Blue Diamond Wash Wigwam, UPRR - Jones, F05081 I Page 4 of 4 CLAI 6G05

Exhibit A BLUE DIAMOND WASH WIGWAM, UPRR TO JONES BOULEVARD Project Number: CLA16G05 CLAl6G05

SUPPLEMENTAL NO. 1 TO THE INTERLOCAL CONTRACT FOR BLUE DIAMOND WASH WIGWAM, UNION PACIFIC RAILROAD TO JONES BOULEVARD as COUNTY. INTERLOCAL CONTRACT, made and entered into this, 2006, by and between the Clark County Regional Flood Control to as DISTRICT, and the County of Clark, hereinafter referred to 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 described in the 2002 Master Plan Update, Structures No. BDWl 0000, 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 Ten Year Construction Program; 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 11,2005; 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 in an amount not to exceed $179,000.00. 2. Right-of-way acquisition including appraisals, title and escrow, negotiations, legal fees, Blue Diamond Wash Wlgwam, WRR - Jones, F050811 Page 1 of 3 CLAl6G05

recording fees, etc. in an amount not to exceed $500.00. 3. Environmental mitigation in an amount not to exceed $500.00. 4. The total cost of this Interlocal Contract shall not exceed $1 80,000.00, which includes all the items described in the paragraphs above. 5. 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. 6. 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. Blue Diamond Wash Wigwam, UPRR - Jones, F050811 Page 2 of 3 CLAI 6G05

d The remainder of the original Interlocal Contract remains unchanged. Date of Commission Action: /4&kA J /6, CLARK C By: MISSIONERS Chairman Date of District Action: L L u, LJ, <;2ilL Il REGIONAL FLOOD CONTROL DISTRICT. " By: JLc--. / LAWRENCE L. BROWN, 111, Chairman Attest: Secretary to the Board Approved as to Form: C~RISTOPHER Chief Deputy Dis Blue Diamond Wash Wigwam, UPRR -Jones, F050811 Page 3 of 3 CLA16G05

Exhibit A BLUE DIAMOND WASH WIGWAM, UPRR TO JONES BOULEVARD Project Number: CLA16G05

Jones, SUPPLEMENTAL NO. 2 TO THE INTERLOCAL CONTRACT FOR BLUE DIAMOND WASH WIGWAM, UNION PACIFIC RAILROAD TO JONES BOULEVARD as COUNTY. L INTERLOCAL CONTRACT, made and entered into this 07, by and between the Clark County Regional Flood Control as DISTRICT, and the County of Clark, hereinafter referred to 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 described in the 2002 Master Plan Update, Structures No. BDWl 0000, 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 Ten Year Construction Program; 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 and environmental mitigation 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 1 1, 2005 and supplemental interlocal contract approved April 13, 2006, 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 in an amount not to exceed $374,000.00. Blue Diamond Wash Wigwam, UF RR ~ F050811 Page 1 of 3 CLAl6G05

2. Right-of-way acquisition including appraisals, title and escrow, negotiations, legal fees, recording fees, etc. in an amount not to exceed $500.00. 3. Environmental mitigation in an amount not to exceed $5,500.00. 4. The total cost of this Interlocal Contract shall not exceed $380,000.00, which includes all the items described in the paragraphs above. 5. 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. 6. 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 I11 - GENERAL, paragraph 9 shall be changed to read as follows: 9. The~DISTRICT will pay the COUNTY, or make payment directly to its contractor or its consultant, each month for Project costs as outlined in SECTION I1 - PROJECT COSTS. Invoices must identify and allocate all costs to the categories noted below: a. Right-of-way acquisition including appraisals, title and escrow, negotiations, legal fees, recording fees, etc. b. Predesign engineering (all work prior to design excluding right-of-way). c. Design engineering. d. Construction engineering. e. Construction (all work after award of construction contract). f. Environmental: costs incurred by the Lead 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 (e.g. EIS or EA). g. Other including landscaping, flood insurance rate map amendments or revisions, etc. Blue Diamond Wash Wibwain, UF'RR - Jones, F050811 Page 2 of 3 C LA1 6G05

The remainder of the original Interlocal Contract and supplemental Interlocal Contract remains unchanged. IN WITNESS WHEREOF, this Supplemental No. 2 to the Interlocal Contract is hereby executed as of the date first set forth above. Date of Commission Action: claq+;q&zymis sionms / By: Attest: RORY REID Chairman SHIRLEY B. P Date of District Action: REGIONAL FLOOD CONTROL DISTRICT 323-207 B y : S LLWRENCE L. BROWN, 111, Chairman Attest: Secretary to the Board Approved as to Form: CHRISTOPHE Chief Deputy District Attorney Blue Diamond Wash Wigwam, UPRR - Jones, F050811 Page 3 of 3 CLA16G05

Exhibit A BLUE DIAMOND WASH WIGWAM, UPRR TO JONES BOULEVARD Project Number: CLA16G05 CLA16G05

SUPPLEMENTAL NO. 3 TO THE INTERLOCAL CONTRACT FOR BLUE DIAMOND WASH WIGWAM, UNION PACIFIC RAILROAD TO JONES BOULEVARD District, hereinafler 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 may approve a project to design and construct flood control improvements; and, WHEREAS, the flood control improvements proposed herein are generally described in the 2002 Master Plan Update, Structures No. BDW1 0000, 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 Ten Year Construction Program; 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 1 1, 2005 and supplemental interlocal contracts approved April 13, 2006 and September 13, 2007, 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 in an amount not to exceed $434,000.00. Pngr I ut 3 CLA16G05

2. Right-of-way acquisition including appraisals, title and escrow, negotiations, legal fees, recording fees, etc. in an amount not to exceed $500.00. 3. Environmental mitigation in an amount not to exceed $5,500.00. 4. The total cost of this Interlocal Contract shall not exceed $440,000.00, which includes all the items described in the paragraphs above. 5. 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. 6. 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. Page 2 of 3 CLAl6G05

The remainder of the original Interlocal Contract and supplemental Interlocal Contracts remain unchanged. IN WITNESS WHEREOF, this Supplemental No. 3 to the Interlocal Contract is hereby executed as of the date first set forth above. Date of Commission Action: CLARK P OUN C R T S I O N E R S By: Attest: RORY REID Chairman SHIRLEY B. P County Clerk... Date of District Action:... REGIONAL FLOOD CONTROL DISTRICT Attest: W LAWRENCE L. BROWN, 111, Chairman Approved as to gal,\ Form: @---i--\ CHRISTOPHER F Chief Deputy Distgct Attorney Page 3 of 3 CLA16G05

Exhibit A BLUE DIAMOND WASH WIGWAM, UPRR TO JONES BOULEVARD Project Number: CLA16G05 CLA16G05

SUPPLEMENTAL NO. 4 TO THE INTERLOCAL CONTRACT FOR BLUE DIAMOND WASH WIGWAM, UNION PACIFIC RAILROAD TO JONES BOULEVARD as COUNTY. INTERLOCAL CONTRACT, made and entered into this, 2009, by and between the Clark County Regional Flood Control to as DISTRICT, and the County of Clark, hereinafter referred to 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 described in the 2008 Master Plan Update Structures No. BDWl 0000, 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 Ten Year Construction Program; 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 funding for design and right-of-way acquisition, and to extend the term of the contract 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 1 1, 2005 and supplemental interlocal contracts approved April 13,2006, September 13,2007, and November 13,2008 as follows: Blue Diamond Wash Wigwam, UPRR -Jones, F050811 Page 1 of 3 CLAl6G05

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 in an amount not to exceed $484,000.00. 2. Right-of-way acquisition including appraisals, title and escrow, negotiations, legal fees, recording fees, etc. in an amount not to exceed $5,500.00. 3. Environmental mitigation in an amount not to exceed $5,500.00. 4. The total cost of this Interlocal Contract shall not exceed $495,000.00, which includes all the items described in the paragraphs above. 5. 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. 6. 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 111- GENERAL, paragraph 14 shall be changed to read as follows: 14. The items covered in SECTION I1 - PROJECT COSTS must be completed to the satisfaction of the DISTRICT prior to June 30, 2014. The DISTRICT may, at any time thereafter, grant extensions or terminate this Interlocal Contract after thirty (30) days notice. Blue Diamond Wash Wigwam, UPRR -Jones, F050811 Page 2 of 3 Cm16G05

The remainder of the original Interlocal Contract and supplemental Interlocal Contracts remain unchanged. IN WITNESS WHEREOF, this Supplemental No. 4 to the Interlocal Contract is hereby executed as of the date first set forth above. Date of Commission Action: I By: Attest: RORY REID Chairman RLEY B. PARRAGUIRRE...... Date of District Action: REGIONAL FLOOD CONTROL DISTRICT Attest: / // CAROLYN ~RAZIER * Secretary to the Board Approved as to Form: Blue Diamond Wash Wigwam, UPRR - Jones, F050811 Page 3 of3 Cu16G05

Exhibit A BLUE DIAMOND WASH WIGWAM, UPRR TO JONES BOULEVARD Project Number: CLA16G05 CLA16G05

SUPPLEMENTAL NO. 5 TO THE INTERLOCAL CONTRACT FOR BLUE DIAMOND WASH WIGWAM, UNION PACIFIC RAILROAD TO JONES BOULEVARD THIS SUPPLEMENTAL INTERLOCAL CONTRACT, made and entered into this,$& day of $k$&%l, 2010, by and between the Clark County Regional Flood Control District, hereina er 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 may approve a project to design and construct flood control improvements; and, WHEREAS, the flood control improvements proposed herein are generally described in the 2008 Master Plan Update Structures No. BDWl 0000, 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 Ten Year Construction Pro gram; 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 funding for design for the Project; and WHEREAS, the Project has regional flood control significance and is located in the same hydrographic I. 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 1 1, 2005 and supplemental interlocal contracts approved April 13,2006, September 13,2007, November 13,2008, and August 13,2009 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 in an amount not to exceed $524,000.00. Blue Diamond Wash Wigwam, UPRR - Jones, F050811 Page 1 of 3 CLA16G05

2. Right-of-way acquisition including appraisals, title and escrow, negotiations, legal fees, recording fees, etc. in an amount not to exceed $5,500.00. 3. Environmental mitigation in an amount not to exceed $5,500.00. 4. The total cost of this Interlocal Contract shall not exceed $535,000.00, which includes all the items described in the paragraphs above. 5. 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. 6. 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. Blue Diamond Wash Wigwam, UPRR - Jones, F050811 Page 2 of 3 CLA16G05

The remainder of the original Interlocal Contract and supplemental Interlocal Contracts remain unchanged. IN WITNESS WHEREOF, this Supplemental No. 5 to the Interlocal Contract is hereby executed as of the date first set forth above. Date of Commission Action: COUNTY BOARD OF COMMISSIONERS i I Chairman Attesh DNA ALBA u -. County Clerk... Date of District Action:... REGIONAL FLOOD CONTROL DISTRICT By: Attest: LAWRENCE L. BROWN, 111, Chairman &w&&mm. CAROL~FRAZIER Secretary to the Board Approved as to Form: c/ CHRISTOPHER Chief Deputy District Attorney Blue Diamond Wash Wigwam, UPRR - Jones, F050811 Page 3 of 3 CLA16G05