LASlOQOl

LAS.lO.Q.01
PARTICIPATION CONTRACT
GOWAN/LONE MOUNTAIN SYSTEM - GILMORE CHANNEL
THIS PARTICIPATION CONTRACT is made and entered into
f??t!%l,h{ 2001
by
'
8,
as of the
day of
andbetweentheClarkCountyRegionalFloodControl
District (hereinafter referredto as the "DISTRICT" ) , the City of Las Vegas,
a municipal corporation within the state
of Nevada
the "CITY") and
"PERMA-BILT"
)
(hereinafter
referred
to as
PERMA-BILT a Nevada Corporation, (hereinafter referred to as
.
WITNESSETH
WHEREAS, pursuant to Chapter 543.360
of the Nevada Revised
Statutes, the
DISTR1,CT may approve the PROJECT to construct flood control improvements set
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fortlj'herein; and
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WHEREAS, the Gilmore Channel Flood Control Improvements from the Lone Mountain
Detention Basin to the Western Beltway as shown on the VTN plans dated March
14, 2 0 0 0 (hereinafter referred to
as ' 'PROJECT"); and
WHEREAS, this PROJECT is the same as identified in the Master Plan Update of
the Las Vegas Valley, February 1997, Structure Number GOLM 0166; and
the same hydrologic area as Clark County, City of Henderson, the City of Las
Vegas and the City of
North Las Vegas;
and
WHEREASpursuanttothisPARTICIPATIONCONTRACT,
PERMA-BILT agrees to be
solelyresponsibleatitssolecostandexpense
for
construction of the
PROJECT subject to the right
the DISTRICT
portion
of the
for
a
construction
thedesignand
to seek reimbursement from
cost
of the PROJECT.
WHEREAS, all drainage easements and permanent
rights-of-way or rights-of-entry
for construction of the PROJECT have been obtained to allow the construction
of the PROJECT to commence; and
WHEREAS, the CITY, as the sponsoringagency, with participationby PERMA-BILT,
agrees to provide the DISTRICT with the information required
in NRS 543.580.
NOW, THEREFORE, in consideration of the covenants, conditions, contracts and
promises of the partieshereto, the DISTRICT, CITY and
PERMA-BILT agree to the
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SECTION I
- SCOPE
OF PROJECT
This 'PARTICIPATION CONTRACT applies to the construction of the PROJECT shown
on the attached "Exhibit A". The improvements to be designed and constructed
shall consist of including, but not be limited
to, excavation and back fill,
cast
in
place
and
precast
structures,
concrete
lined
open
chan%ls,
".
appurtenances--M
transitions,stormdrainlaterals,dropinletsandrelated
(hereinafter the "IMPROVEMENTS")
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PERMA-BILT will be responsible for;,,,Fhe;.
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design and construction of the PROJECT with the participationof the DISTRICT'
and the CITY as herein described.
SECTION I1
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PROJECT FUNDING
2
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The DISTRICT agrees to fund a portion
1.
limits
specified
of the PROJECT COSTS within the
below:
a) The DISTRICT shall reimburse
PERMA-BILT for thirty-five percent (35%)
of
thecost
of
construction(hereinafterdefined)or
$1,384,778
whichever is the lesser amount (hereinafter the "District Costs").
The "cost of construction' ' shall be defined as the bid submittedby
the lowest responsible and responsive bidder
for the PROJECTof three
( 3 ) Class
A License contractors described
in Subsection 11 of SECTION
111, of this PARTICIPATION CONTRACT.
b) The DISTRICT shall not participate in any other costs of the PROJECT
including, butnot limited to, right-of-way acquisitions, thosecosts
specified in SECTION I1 2(b), surveys or engineering servicesfor the
PROJECT.
c) Within thirty
(30) days after receipt of written notification from
the CITY, the DISTRICT agrees to pay PERMA-BILT a partial payment on
a portion of the
. -
PROJECT for the construction costs, not to exceed
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50%
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facilities from the Lone Mountain Detention Basin
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of the DISTRICT'S
Costs, once construction is completed for the
to Hualapai Way,
provided: 1.) PERMA-BILT has satisfactorily completed constructionr,gf
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the portion
of the
PROJECT from Lone Mountain Detention BasinA,
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to.:
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Hualapai Way; 2.) The CITY and theDISTRICT have accepted thep
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of the PROJECT
from Lone Mountain Detention Basin to
Hualapai,xayJ.
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3.)
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PERMA-BILT has transferred to the CITY, at no cost or expense to
the CITY, the EASEMENTS described in Exhibit B attached hereto
by and
this reference incorporated herein for that portion
3
of the
PROJECT
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from Lone Mountain Detention Basin
to Hualapai Way; 4.) PERMA-BILT
has transferred to the CITY, at no cost or expense to the CITY, the
IMPROVEMENTS and the title thereto for the
from
Lone
Mountain
Detention
Basin
portion of the PROJECT
to
Hualapai
Way.
d) The DISTRICT agrees
to pay the remaining District Costs PERMA-BILT
to
within 30 days of receipt of written notification
that portion of the PROJECT between Hualapai
by the CITY for
Way and the Beltway
subject to the following conditions:
1. PERMA-BILT has
satisfactorily completed construction
of the
PROJECT.
2. The CITY
and DISTRICT have accepted the PROJECT
3. PERMA-BILT has transferred to the CITY, at no cost or expense to
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the CITY, the EASEMENTS described in Exhibit
B attached heretoand
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by this reference incorporated
herein.
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4. PERMA-BILT has transferred to the CITY, at no cost or expense to
the CITY, the IMPROVEMENTS and the title
thereto.
2.
PERMA-BILT agrees to fund the PROJECT as specified below:
a)
PERMA-BILT shallberesponsible
for payingtheactualcostof
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.-a construction of the PROJECT subject to the right of reimburssment::*
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from the DISTRICT as specified
in the Regional
Co&roi'-:
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Section',.aE-,'.&,'
Flood
"'%
'
DistrictPoliciesandProcedures
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Chapter
VI
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Developer Participation (Amended November
.
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2000) unless othe2wise
specificallymodifiedbythisPARTICIPATIONCONTRACTand
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in
accordance with SectionI1 (PROJECT FUNDING) of this PARTICIPATION
CONTRACT.
4
b)
PERMA-BILT shall be solely responsible for the design costs of the
PROJECT and the cost
of, any reviews, plans checking, construction
supervision, permits, environmental permits, materials testing,
compactiontesting,
fees, inspectionsbondsand/orperformance
bonds.
C)
PERMA-BILT shallconstructthe
"Clark
PROJECT, inconformancewiththe
County Area Nevada Uniform Standard Specifications (and
Drawings Volume
1 and 2) for Public Works Construction
Improvements."Alltestingresultsshallbesubmitted
CITYforreviewandapproval
€or
compaction testing and Type
Off-site
to the
concretecylinder
2 material testing.
Any
retesting shall be performed
by the CITY at P E W - B I L T ' s
testing,
costs for
expense.
Except for rebar shop drawings, PERMA-BILT shall submit, or cause
to be submitted, shop drawing and submittals to
the CITY
approval. Rebar shop drawings shall be submitted
Any costs
associated
with
the
review
for rebar
for
to VTN Nevada
willbe paid for by
PEW-BILT.
PERMA-BILT
shall
be
solely
responsible
for
all
syr$*iys,
,
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*~,
enginee?ring.'
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environmental
studies,
environmental
permits
and
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services
associated
with
this
PROJECT
including limite+,,$o
but not 'c'*''L
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the
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designof the PROJECT.
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Prior to the start of
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any construction, PERMA-BILT shall co&ly,*'*'
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or requireitscontractor
to comply,
withtheinsuranceand
bonding requirements set forth in this PARTICIPATION CONTRACT and
must warrant the PROJECT
to the CITY and the
DISTRICT for oneyear
5
.
after its completion and acceptance by the DISTRICT and theCITY,
against any and all defects including, but not limited to, design
and
f)
constructiondefects and/or
negligent
construction.
PERMA-BILT shall be
solely responsible for all other costs and
expenses associated
with the PROJECT subject to the DISTRICT'S
reimbursement
obligation
set
forth
in
Section
I1
(PROJECT
FUNDING),
and
the
CITY'S
obligation
as
set
PARTICIPATION
9)
forth
in
this
CONTRACT.
Upon completion of the construction of the PROJECT and acceptance
by the CITY and
PROJECT
will
DISTRICT, all maintenance responsibility
be
that
of the
for the
CITY.
SECTION I11 - GENERAL
in inspecting and accepting thePROJECT and
The CITY will be diligent
1.
agree to use its best efforts
to perform
reinspections
2.
within10 days
after
the
written
necessary
notice
inspections
or
from
PERMA-BILT.
The CITY, with the participation of PERMA-BILT, will provide the
QISTRICT
I
with
a
schedule
indicating
the
anticipated for
dates
completion
.
,.~ffinal plans, specifications and estimates
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title sheet of both the plans and the specifications shallsHO~Wt.he'z
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Clark County Regional Flood Control District as a funding agency.
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4.
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The award
of the contract
for this PROJECT shall occur
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no late??: than,'
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January 1, 2002. The CITY and PERMA-BILT will take all reasonables'teps
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possible to avoid delays
in the construction
of the PROJECT.
If the
award of the contract for the PROJECT does not occur by April 31, 2002,
a formal review
will occur by both the DISTRICT'S
6
Technical Advisory
Committee and the DISTRICT'S Board of Directors. At that
CITY and
PERMA-BILT will have
an opportunity to present information
relative to the delays, measures taken
likelihood
of
those
determination, in
delays
to avoid the delays
and the
continuing.
The
Board
will
make
a
view of the delays and limited available
whetherPROJECTfundingshouldcontinue.
discontinue
review, the
funding,
funding,
If theBoardchoosesto
the
Board
may
cancel
any
Interlocal
or
PARTICIPATION CONTRACT(s) associated with the PROJECT and discontinue
fundingfortheremainderofthePROJECT.Fundingalready
spent,
incurred or appropriated by the CITY or PERMA-BILT will not be required
to be returned to the
DISTRICT.
If the DISTRICT discontinues funding,
PERMA-BILT shall also have the right to discontinue funding the PROJECT
and to cause all work upon the PROJECT to cease.
be reconsidered at
PROJECT funding will
any time when PERMA-BILT can demonstrate that
PROJECT can proceed on an acceptableschedule.Notwithstanding
the
the
above, if PERMA-BILT discontinues the PROJECT it will, at its sole costs
'and expense, be responsible for any and all work necessary
to insure
i
'that the water flows are retained in the same manner
as p r b r
to
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Tommencement of the PROJECT and PERMA-BILT will be responsible for flood. *
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motection of their
development
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prior
to building.
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5.
The CITYand
PERMA-BILT, theiremployeesandrepresentativesshaal
all times comply with all applicable
laws, ordinances, statutes, p l e s
and regulations in effect at the time work is performed
on the
6.
The CITY will require and
at;''
PROJECT.
PERMA-BILT shall obtain an appropriate surety
bond in an amount equal to or greater than the cost of construction of
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the PROJECT.
PERMA-BILT may satisfy this obligation by requiring its
CONTRACTOR to obtain such financial security so long as the security is
acceptable to the CITY and
DISTRICT and is
BILT, the CITY and DISTRICT. CITY and
severally liable for
security
7.
for
TheCITYand
for the benefit
of PERMA-
PERMA-BILT shall be jointly and
the failure to obtain the appropriate financial
construction
of the PROJECT.
PERMA-BILT shallprovideallimpactedentitiesandthe
DISTRICT with the opportunity
inputrelative
to provide the CITY and PERMA-BILT with
to thefollowingprocesses:design;constructionand
maintenance review; and monitoring of the effectiveness and impacts of
facilities on flood flows.
8.
of
Applicable
portions
the
current
editions
Procedures Manual, the Hydrologic Criteria and Drainage Design
Manual,
and Uniform Regulations for the Control
by the
DISTRICT will
apply
superseded
this
by
of Drainage adopted
indevelopingthisPROJECTunlessspecifically
PARTICIPATION
CONTRACT, or
DISTRICT and the CITY during the
design review
9.
of
the
Policies
and
Prior to the construction of the
specifically
waived
by the
process.
PROJECT, PERMA-BILT will submit p!hans
and specificationsto the DISTRICT and the CITY
for review andappro&. z
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The PROJECT plans and specifications must be prepared and
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sealed.
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erofessional engineer registered
in the State
of Nevada.
The PRQBEC’P.
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will
then be constructed in accordance with the approved
specifications.
TheCITYandthe
plans,zand
DISTRICT willexercisetheirbest
efforts to review plans and specifications within
30 days of receipt.
Any modifications or change orders to the PERMA-BILT proposed plans and
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specifications shall be subject to the CITY'S and the DISTRICT'S review
and approval. Failure
resubmittal to the
of the parties to agree upon an approved set of
DISTRICT, will result
of
in automatic termination
this PARTICIPATION CONTRACT and the DISTRICT and CITY will be relieved
of all obligations set forth in this PARTICIPATION CONTRACT
have no payment obligation whatsoever
and will
or liability for damages of any
kind.
PERMA-BILT is responsible for the design
10.
of the PROJECT and will ensure
thatallworkisaccomplishedinaccordancewithprofessionally
recognized standards.
The PROJECT is jointly funded with a combination of public and private
11.
monies and
is excluded pursuant
to NRS 543.545 from the provisions of
NRS 332, 338 and 339 except that the requirements of NRS 338.010 to
338.090 inclusive, apply to any construction work performed pursuant to
thisPARTICIPATIONCONTRACT.
PERMA-BILT agrees
to
complywith
all
-provisions of the Nevada Revised Statutes applicable
to the PROJECT.
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12. Subject
to
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the terms and conditions stated herein, the
DISTRICT will
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*reimburse
PERMA-BILT for the costof construction as outlined in SECTION
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"I1 1 (a) (PROJECT FUNDING)
of thisPARTICIPATIONCONTRACT.
Prioq to,
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commencement of construction of the PROJECT,
PERMA-BILT shall obtain.'
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sealed bids from a minimum
of three
(3) class A License
contrac-.tfors
.
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selected by PERMA-BILT to perform the work based on approved plans and
specifications. The sealed bids shall
representatives of the DISTRICT, the
9
be opened
in the presence
CITY, and PERMA-BILT.
of
The lowest
I
responsible and responsive bid shall be used
to establish the cost of
construction. No compensation will be provided by the DISTRICT
or the
PERMA-BILT in soliciting or reviewing the
CITY for costs incurred by
bids.
13.
PERMA-BILT shall award the construction contract to one
ofthe
three
responsible and responsive bidders of its choice.
14.
The DISTRICT and the CITY reserve the right
during normal business hours all
to reviewand/oraudit
the records pertaining to this
of
PROJECT
both
during
and
after
the
completion
thereof.
Accurate
documentation of the work done and payments made for the PROJECT will be
maintained by
PERMA-BILT and the CITY for a period of three
(3) years
after final PROJECT approval and
payment.
15.
Without waiving the liability limits of chapter
41 of NRS, the CITY will
loss, damage, liability, cost or expense caused
be responsible for any
by the negligent actions or inactions of its employees, consultants,
contractors
PARTICIPATION
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or
agents,
excluding
CONTRACT
The CITY further agrees
and
PERMA-BILT,
hereby
that if
arising
under
this
holds DISTRICT
the
harmless
any litigation against
DISTRJCT
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therefrom.
the
sw
egises out of this PARTICIPATION CONTRACT including, but not limited
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the
actions
consultants,contractors
or
or
inactions
of
its
employees,
agentsarisingunderthisPARTICIPATION
CONTRACT. PERMA-BILT further agrees
10
to hold the DISTRICT and the CITY
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by
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related to the contractors construction of the PROJECT, it w g l
?,._3.indemnify, defend and hold harmless DISTRICT.
the
.PERMA-BILT will be responsible for any loss, damage, liability, cost&
$$tters
expense
caused
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harmless therefrom.
17.
Following
completion
of
warranted by SECTION
construction
11, paragraph
responsibility for maintenance
of
this
PROJECT,
except
2. (f) above, the CITY will
as
assume
and/or repairs that are necessary
to
protect the PROJECT and
to provide a safe and functionalfacility.
18.
In the event the PROJECT is not completed to the satisfaction
of the
DISTRICT prior to January
1, 2004, plus extensionsfor delays outsideof
the control of PERMA-BILT and its agents, employees and contractors (but
no extensions shall be granted based
delays caused by the fault of
on financial inability or for any
PERMA-BILT, or its agents, employees or
contractors),whichextensionsareacceptabletothe
DISTRICTmay,
at
anytime
DISTRICT, the
thereafter, terminatethisPARTICIPATION
CONTRACT and PERMA-BILT agrees to reimburse the DISTRICT for all funds
previously paid under
19.
this
PARTICIPATION
CONTRACT.
Any costs found to be improperly allocated to this PROJECT will be
refunded to the DISTRICT
20
Any notice or submittal required to be given herein shall be deemed to
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have been given when received
personal
service,
hand
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by the party to whom it is directed r-by
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delivery,
or
U.S.
mail
at
the
follov&g
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&dresses
:
TO DISTRICT:
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Clark County RegionalFlood Control District
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Attn: Gale Wm. Fraser,11, P.E.
600 S. Grand Central Parkway, Suite
300
Las Vegas, Nevada 89106
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TO CITY:
Assistant
City
Engineer
Randy Fultz, P.E.
731 S. 4 t h
Street
Las Vegas, Nevada 89101
TO PERMA-BILT:
Attn: Daniel Schwartz
7150 Pollock Drive, Suite 104
Las Vegas, NV 89119
21.
Nevada
law
shall
govern
the
interpretation
of
this
PARTICIPATION
own expense, shallobtainandmaintain,
for the
CONTRACT.
22.
PERMA-BILT, atits
duration of the construction
of the PROJECT, insurance against claims
for injuries to persons
or damages to property
or
other
losses
which
may
arise from or in connection with
PERMA-BILT or its contractors, the CITY
and DISTRICT'S
negligenceorfaultintheperformance
ofthework
hereunder by PERMA-BILT or its contractors, its
agents, representatives,
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employees, or subcontractors of any tier.
PERMA-BILT will provide
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DiSTRICT
and the CITY with certificates
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of insurance for coverage 25s
lTsted below and endorsements, establishing coverage required by &is
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PARTICIPATION CONTRACT
prior
to commencement of construction of &e
....,
PROJECT. The certificate
of endorsements for each insurance policy '.is
to be signed by a person authorized by the insurer and licensed
by the
State of Nevada
23.
PERMA-BILT willobtainandmaintain,orcause
12
to
beobtainedand
maintained, in full force and effect
for the PROJECT, the following
insurance coverages:
a)Contractor'sCourseofConstructionInsurance
loss and damage from all
insuring the PROJECT against physical
perils
(including
flooding)
in
(All-Risk Coverage)
the
amount
of
per
$2,000,000
occurrence and$5,000,000 in the aggregate.
b) Comprehensive
or Commercial General
operations, contractual, explosion,
hazards
with
minimumlimits
of
$10,000,000 in the aggregate. The
Liability, including premises,
collapse, and underground (XCU)
$5,000,000
peroccurrenceand
DISTRICT and the CITY and their
officers, employees and volunteers shall be named
insured
C)
parties
as additional
thereunder.
Comprehensive
Automobile
Liability
covering
nonowned vehicles, with minimum limits
owned,
hired
and
of $1,000,000 per person,
$5,000,000 per accident for bodily injury, and $10,000,000 property
damage.
d)'
Workers'CompensationInsurance
as
required
by
law,
including
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Employer's
Liability
with
minimum
limits
of
per
.
$3,000,000
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occurrence.
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until the PROJECT has been accepted by the CITY and the DISTRICT.
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In
addition,
Comprehensive
Commercial
or
General
LiabiLi.ty
insurance shall
be maintained continuously until
completionandacceptance
ofthe
six years from
PROJECTbytheCITYand
DISTRICT pursuant to this PARTICIPATION CONTRACT,
the
so long as said
;
a
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;
,:
,
policies are commercially available. PERMA-BILT shall give the CITY
and the
DISTRICT at least
material change
30
days written
notice prior to
or cancellation of said coverage,
or in part, and the failure
any
either in whole
of PERMA-BILT to give said notice as
required shall be a default by PERMA-BILT under this PARTICIPATION
CONTRACT.
f)
All deductibles and
self-insured retention shall be fully disclosed
in thecertificateofinsurance.Nodeductible
retention
may
exceed
disclosed and the amount entered
noticegivento
exhaustion
of
All
$60,000.
or self-insured
aggregates
must
be
fully
PERMA-BILT oritsCONTRACTOR
limits
of
insuranceshall
DISTRICT andtheCITY.Adequacy
with
also
ofthe
health of each insurance company providing
and
be
respect
sent
to
to
the
insurancesuppliedby
PERMA-BILT or its CONTRACTOR, including the
g):
Any
on the required certificate.
rating and financial
coverage, is subject to
the approvalof the
DISTRICT
CITY.
PERMA-BILT or it's
contractor's insurance shall
be primary with
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.-., respect to the DISTRICT and the CITY, their officers and employees.
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insurance
and
bonding
requirements
specified
in
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PARTICIPATION CONTRACT do not relieve
or limit the liability
,
:'of
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PERMA-BILT or its contractor to the DISTRICT, CITY or other persons
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and PERMA-BILT or its contractor is encouraged
to purchase such
additional insurance asit deems necessary.
h)
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If
PERMA-BILT or
itscontractorfailtomaintain
any
ofthe
insurance coverage required herein, the DISTRICT and the CITY will
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have the option after giving
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PERMA-BILT inbreachthereof,
days written notice to
and to either
declare
(i) terminate
this
or
PARTICIPATIONCONTRACT,(ii)purchasereplacementinsurance;
(iii) pay the premiums that are due
on existing policies in
that
the
required
coverage
may
be
maintained.
order
PERMA-BILT
is
responsible for any expenses paid by the DISTRICT to maintain such
insurance and the DISTRICT may collect the same from PERMA-BILT or
deduct the amount paid from
PARTICIPATION
24.
Notwithstanding any
21,
any sums due PERMA-BILT under this
CONTRACT.
of the insurance requirements set forth in
and not in lieu thereof,
Section
PERMA-BILT shall protect, indemnify
and
hold the DISTRICT and the CITY, their officers and employees, harmless
fromanyandallclaims,damages,
losses, expenses, suits, actions,
decrees, judgments, attorney fees and court costs (collectively herein
the"Claims")whichtheDISTRICTandthe
of, the negligent acts
CITY, theirofficersor
or omissions of PERMA-BILT, its contractors,
,I
agents or anyone employed by PERMA-BILT, its contractors or agents,.?n
p+:
.
&.&
-.-- performance of this PARTICIPATION CONTRACT.
I@'
part
of
itsobligationhereunder,
PERMA-BILT shall, atits
-2
.w,
1
lr
own
..
-.
b ,
expense, defend the DISTRICT and the
CITY, their officers and
employees,;,:
I
I_..
against the Claims which may
be brought againstthem, or any of them, as
a result of, by reason of, or as a consequence of, any negligent act or
omission of PERMA-BILT, its contractors oragents, for and against which
PERMA-BILT is obligated to indemnify the DISTRICT and the CITY. If
15
PERMA-BILT shall fail to do so, the DISTRICT and/or the CITY shall have
the right, but not the
obligation, to defend the same and
charge all
direct and incidental costs
of such defense (including attorneyfees and
court costs) against PERMA-BILT.
PERMA-BILT shall
25.
necessary
bonds
furnish, or
covering
the
causeitscontractorto
faithful
furnish
performance
of the
the
constructionof
the PROJECT, ensuring payment of all obligations arising thereunder and
guaranteeing the workmanship
of the
construction thereof.
Such bonds
shall be in a form and amount acceptable
to the CITY.
Prior to the start of any construction on the PROJECT, andno later than
26.
ten
(10)
calendardays
after
theexecutionby
PERMA-BILT
of
the
constructioncontract
for the PROJECT, PERMA-BILT shall furnish the
following
CITY:
bondsto the
a)LaborandMaterialsPaymentBond
in theamountof
onehundred
percent ( 1 0 0 % ) of the construction contract price.
'
b)PerformanceBondintheamountofonehundredpercent
(100%)-of
!
,'
, *' J.
the construction contract price.
..
<;
1
.
-.-
.,_ ,
-.e
COnStrUCtiOncontractprice.
The Guaranty Bondwill
go ifikb
..
effect when the PROJECT is accepted by the DISTRICT and the c1.t~
.
..
I
' 7
. ,,
and remain in effect
for a period of 1 year after completion ;qf
~
.
the PROJECT.
27.
The aforementioned bonds shall be written on the bond forms provided by
the CITY. PERMA-BILT shall require the attorney-in-fact who executes the
16
>
'
required bonds on behalf of the surety to affix thereto a certified and
current copy of his power of attorney. If any of the aforementioned
bonds are prepared by a licensed non-resident agent, such bonds must be
countersigned by a resident agent in accordance with
NRS680A.300.Theaforementionedbonds
authorized and licensedto do
mustbe
businessin the
the provisions of
issuedbya
Stateof Nevada
surety
and
listed
in the Department of Treasury, Fiscal Service, (Department Circular5 7 0 ,
Current Revision) as acceptable sureties
on Federal projects. Individual
surety
28. Title
bonds
are
not
acceptable
to
the
CITY.
to the PROJECT, including EASEMENTS and the
transferred to the CITY
at no cost or
IMPROVEMENTS, must be
expense, free of any and all
liens,
restrictions,
obligations,
covenants,
EASEMENTS
and/or
encumbrancesunless
such liens,restrictions,
obligations, covenants,
EASEMENTS and/or encumbrances have been approved by the CITY in writing
which approval shall not be unreasonably withheld.
PERMA-BILT agrees
that any and all liens, restrictions, obligations, covenants, EASEMENTS
and/or encumbrances which arise after the transfer of the EASEMENTS and
.. .
the IMPROVEMENTS and are based in whole or in part on PERMA-BILT and&
--.
. I
'
i:ts
_. . .
,.
contractor actions, PERMA-BILT agrees to indemnify, defend and h66d
haGmless the DISTRICT and CITY free of any defects from the PROJECT &d
'
I
remove any liens, restrictions, obligations, covenants, EASEMENTS
and/op
encumbrances from the PROJECT including the EASEMENTS
and IMPROVEMENTS
at PERMA-BILT's expense.
29.
Itisnotintended
by
thisPARTICIPATIONCONTRACT
contained in this PARTICIPATION CONTRACT shall create
17
to,
andnothing
any partnership,
.
.
jointventureorotherarrangement
between
the
DISTRICT, CITY,
and
PERMA-BILT except as specifically provided herein. No term or provision
of
thisPARTICIPATIONCONTRACTisintended
partnership, corporation or other entity
to
benefit
not a Party hereto
any
person,
(including,
without limitation, any broker), and no such other person, partnership,
corporation or entity
shallhave any
rightor cause of action
hereunder.
..............................................................................
....
....
....
....
....
....
...
...............................................................................
. .
CLARK
COUNTY
REGIONAL
FLOOD
CONTROL
DISTRICT
DATE OF DISTRICT ACTION:
REGIONAL
FLOOD
CONTROL
DISTRICT
ATTEST
B
L
I
._.?
CAROLYN FMZIER,
APPROVED
ASTO
SECRFARY
LEGALITY
ANDFORM:
CHRISTOP
FIGGINS
DEPUTY DISTRICT ATTOR&Y
..............................................................................
CITY OF LAS
VEGAS
DATE OF COUNCIL
ACTION:
CITY
OF LAS VEGAS
BY :
OSCAR
8.
-
GOODMAN, MAYOR
Approved As To Form:
s,.
..............................................................................
PERMA-BILT, A NEVADA
CORPORATION
I
-
"-
-'f:'\depotldocs\ccrfcd\interloc\constructio~\gil~orechannel
part
agreement
.doc
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I .
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19
. .
EXHIBIT A
GILMORE CHANNEL
- GOWAN/LONE MTN SYSTEM (GOLM 0166)
+3-=
NOllVIlNllNO3 IO3 L M31A 338
-r--
I
NO11VllNllNO3 YO4 I M W 338