Agenda packet — Lancaster City Council, December 12, 2023 (part 3 of 5)

CHECK RUN:231201 TO FISCAL 2024/05 07/01/2023 TO 06/30/2024

VENDOR NAME

INV DATE PO CHECK NO T CHK DATE GL ACCOUNT GL ACCOUNT DESCRIPTION 09/12/23 7443099 P 12/01/23 10114000 5710 PROFESSIONAL/TECHNICAL SE 5,748.35 INVOICE: 53922
11/08/23 7443099 P 12/01/23 10114000 5710 PROFESSIONAL/TECHNICAL SE 5,748.50 INVOICE: 54361
VENDOR TOTALS 11,496.85 YTD INVOICED 11,496.85 YTD PAID 11,496.85 10960 P P G ARCHITECTURAL FINISHES
11/02/23 7443100 P 12/01/23 10165030 5312 SPECIAL ACTIVITY SUPPLIES 101.80 INVOICE: 97210000943
VENDOR TOTALS 944.45 YTD INVOICED 944.45 YTD PAID 101.80 11152 PATRIOT PLUMBING
10/04/23 7443101 P 12/01/23 10163002 5790 REPAIR & MAINTENANCE SERV 1,250.00 INVOICE: 39480
11/09/23 7443101 P 12/01/23 10163004 5790 REPAIR & MAINTENANCE SERV 247.50 INVOICE: 39337
11/13/23 7443101 P 12/01/23 10163006 5790 REPAIR & MAINTENANCE SERV 202.50 INVOICE: 39765
VENDOR TOTALS 6,601.50 YTD INVOICED 6,601.50 YTD PAID 1,700.00 10803 PATTON'S METAL WORKING
10/26/23 24000529 7443102 P 12/01/23 11144000 5312 SPECIAL ACTIVITY SUPPLIES 332.07 INVOICE: 4708238
VENDOR TOTALS 332.07 YTD INVOICED 332.07 YTD PAID 332.07 11386 PAVEMENT ENGINEERING INC
09/11/23 24000640 7443103 P 12/01/23 22049900 8000 CAPITAL IMPROVEMENT 2,755.00 INVOICE: 2307-081REV1
10/09/23 24000640 7443103 P 12/01/23 22049900 8000 CAPITAL IMPROVEMENT 1,765.00 INVOICE: 2309-058
VENDOR TOTALS 4,520.00 YTD INVOICED 4,520.00 YTD PAID 4,520.00 10213 PEI
11/12/23 7443104 P 12/01/23 11218000 5360 COMPUTERS HARDWARE 600.00 INVOICE: 103085
VENDOR TOTALS 7,680.43 YTD INVOICED 7,680.43 YTD PAID 600.00 12148 PETES ROAD SERVICE, INC
11/14/23 7443105 P 12/01/23 11144000 5321 VEHICLE OPERATIONS 49.72 INVOICE: 23-0716505-00
VENDOR TOTALS 7,231.83 YTD INVOICED 5,838.97 YTD PAID 49.72 11282 PINNACLE PETROLEUM, INC
11/17/23 7443106 P 12/01/23 11144000 5314 FUEL 4,471.12 City of Lancaster ~CA 53201~

PAID INVOICES REPORT
Report generated: 12/05/2023 16:29
User: spreston
Program ID: appdwarr

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CHECK RUN:231201 TO FISCAL 2024/05 07/01/2023 TO 06/30/2024

VENDOR NAME

INV DATE PO CHECK NO T CHK DATE GL ACCOUNT GL ACCOUNT DESCRIPTION INVOICE: 0323151
VENDOR TOTALS 55,495.52 YTD INVOICED 55,495.52 YTD PAID 4,471.12 11011 PRIME TIME PARTY RENTALS
10/24/23 24000570 7443107 P 12/01/23 10165031 5312 SPECIAL ACTIVITY SUPPLIES 6,955.00 INVOICE: 30
10/07/23 7443107 P 12/01/23 19940060 5725 SPONSORSHIP EXPENSE 1,676.00 INVOICE: 28
11/07/23 7443107 P 12/01/23 10110000 5312 SPECIAL ACTIVITY SUPPLIES 800.00 INVOICE: #1
VENDOR TOTALS 41,995.00 YTD INVOICED 41,995.00 YTD PAID 9,431.00 11767 PRO ACTIVE WORK HEALTH SERVCES
09/12/23 7443108 P 12/01/23 10114000 5412 RECRUITMENT EXPENSE 30.00 INVOICE: 1366-84691
09/12/23 7443108 P 12/01/23 10114000 5412 RECRUITMENT EXPENSE 69.00 INVOICE: 1366-84692
09/12/23 7443108 P 12/01/23 10114000 5412 RECRUITMENT EXPENSE 70.00 INVOICE: 1366-84692
09/12/23 7443108 P 12/01/23 10114000 5412 RECRUITMENT EXPENSE 30.00 INVOICE: 1366-84692
09/12/23 7443108 P 12/01/23 10114000 5412 RECRUITMENT EXPENSE 30.00 INVOICE: 1366-84693
09/12/23 7443108 P 12/01/23 10114000 5412 RECRUITMENT EXPENSE 30.00 INVOICE: 1366-84694
09/12/23 7443108 P 12/01/23 10114000 5412 RECRUITMENT EXPENSE 30.00 INVOICE: 1366-84695
09/12/23 7443108 P 12/01/23 10114000 5412 RECRUITMENT EXPENSE 30.00 INVOICE: 1366-84696
09/12/23 7443108 P 12/01/23 10114000 5412 RECRUITMENT EXPENSE 30.00 INVOICE: 1366-84697
09/12/23 7443108 P 12/01/23 10114000 5412 RECRUITMENT EXPENSE 30.00 INVOICE: 1366-84698
09/12/23 7443108 P 12/01/23 10114000 5412 RECRUITMENT EXPENSE 30.00 INVOICE: 1366-84699
09/12/23 7443108 P 12/01/23 10114000 5412 RECRUITMENT EXPENSE 30.00 INVOICE: 1366-84700
09/12/23 7443108 P 12/01/23 10114000 5412 RECRUITMENT EXPENSE 30.00 INVOICE: 1366-84701
09/12/23 7443108 P 12/01/23 10114000 5412 RECRUITMENT EXPENSE 30.00 INVOICE: 1366-84702
09/12/23 7443108 P 12/01/23 10114000 5710 PROFESSIONAL/TECHNICAL SE 70.00 INVOICE: 1366-84703
09/12/23 7443108 P 12/01/23 10114000 5412 RECRUITMENT EXPENSE 30.00 INVOICE: 1366-84704
09/12/23 7443108 P 12/01/23 10114000 5412 RECRUITMENT EXPENSE 30.00 INVOICE: 1366-84705
City of Lancaster ~CA 53201~

PAID INVOICES REPORT
Report generated: 12/05/2023 16:29
User: spreston
Program ID: appdwarr

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CHECK RUN:231201 TO FISCAL 2024/05 07/01/2023 TO 06/30/2024

VENDOR NAME

INV DATE PO CHECK NO T CHK DATE GL ACCOUNT GL ACCOUNT DESCRIPTION VENDOR TOTALS 3,186.00 YTD INVOICED 3,186.00 YTD PAID 629.00 12011 PURPLE XPERIENCE, LLC
11/17/23 7443109 P 12/01/23 10100000 2254 NON-RESIDENT PERFORMER W/ 525.00 INVOICE: TXREIMBURS231118
VENDOR TOTALS 6,975.00 YTD INVOICED 6,975.00 YTD PAID 525.00 12423 REFISNACKS ™
11/08/23 7443110 P 12/01/23 10165030 5312 SPECIAL ACTIVITY SUPPLIES 539.39 INVOICE: 1093
VENDOR TOTALS 2,129.39 YTD INVOICED 2,129.39 YTD PAID 539.39 10538 RESIDENCE INN LANCASTER
11/09/23 7443111 P 12/01/23 10166020 5700 SERVICES 349.80 INVOICE: 56B8500001763
11/15/23 7443112 P 12/01/23 10167021 5700 SERVICES 524.70 INVOICE: 56B8500001767
11/09/23 7443113 P 12/01/23 10167021 5700 SERVICES 1,224.30 INVOICE: 56B8500001762
VENDOR TOTALS 6,044.52 YTD INVOICED 6,044.52 YTD PAID 2,098.80 11734 SANTOS, RENALDO
11/24/23 7443114 P 12/01/23 10164141 5710 PROFESSIONAL/TECHNICAL SE 368.00 INVOICE: 231127
VENDOR TOTALS 3,404.00 YTD INVOICED 3,404.00 YTD PAID 368.00 10513 SCA OF CA, LLC
10/30/23 24000597 7443115 P 12/01/23 21426000 5797 STREET SWEEPING 97,713.80 INVOICE: 107301CS
10/30/23 24000597 7443115 P 12/01/23 42326000 5797 STREET SWEEPING 39,355.27 INVOICE: 107301CS
VENDOR TOTALS 548,276.28 YTD INVOICED 548,276.28 YTD PAID 137,069.07 11597 SELBERT PERKINS DESIGN (CA)
11/20/23 24000284 7443116 P 12/01/23 10110000 5710 PROFESSIONAL/TECHNICAL SE 1,852.50 INVOICE: 20231113
VENDOR TOTALS 3,452.50 YTD INVOICED 3,452.50 YTD PAID 1,852.50 12327 THE SHERWIN-WILLIAMS COMPANY
10/23/23 7443117 P 12/01/23 10163007 5790 REPAIR & MAINTENANCE SERV 1,465.22 INVOICE: 9131-3
10/12/23 7443117 P 12/01/23 10163007 5790 REPAIR & MAINTENANCE SERV 1,465.22 INVOICE: 8987-9
City of Lancaster ~CA 53201~

PAID INVOICES REPORT
Report generated: 12/05/2023 16:29
User: spreston
Program ID: appdwarr

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CHECK RUN:231201 TO FISCAL 2024/05 07/01/2023 TO 06/30/2024

VENDOR NAME

INV DATE PO CHECK NO T CHK DATE GL ACCOUNT GL ACCOUNT DESCRIPTION VENDOR TOTALS 4,670.46 YTD INVOICED 4,670.46 YTD PAID 2,930.44 10980 SHI INTERNATIONAL CORP
08/30/23 24000093 7443118 P 12/01/23 11218000 5360 COMPUTERS HARDWARE 1,192.11 INVOICE: B17310938
11/14/23 24000457 7443118 P 12/01/23 11218000 5360 COMPUTERS HARDWARE 2,518.50 INVOICE: B17611620
VENDOR TOTALS 415,444.71 YTD INVOICED 415,444.71 YTD PAID 3,710.61 10927 SLATER PIANO SERVICE
11/16/23 7443119 P 12/01/23 10167021 5710 PROFESSIONAL/TECHNICAL SE 250.00 INVOICE: 107363
VENDOR TOTALS 250.00 YTD INVOICED 250.00 YTD PAID 250.00 10776 SMITH PIPE & SUPPLY INC
10/19/23 7443120 P 12/01/23 10163099 5790 REPAIR & MAINTENANCE SERV 212.32 INVOICE: 4080202
10/10/23 7443120 P 12/01/23 10163007 5790 REPAIR & MAINTENANCE SERV 808.44 INVOICE: 4076683
11/07/23 7443121 P 12/01/23 10163007 5790 REPAIR & MAINTENANCE SERV 189.38 INVOICE: 4086968
11/13/23 7443121 P 12/01/23 10163012 5790 REPAIR & MAINTENANCE SERV 173.34 INVOICE: 4089173
11/13/23 7443121 P 12/01/23 10163007 5790 REPAIR & MAINTENANCE SERV 307.05 INVOICE: 4089170
10/10/23 7443120 P 12/01/23 10163007 5790 REPAIR & MAINTENANCE SERV 150.08 INVOICE: 4076678
10/10/23 7443120 P 12/01/23 10163007 5790 REPAIR & MAINTENANCE SERV 62.92 INVOICE: 4076681
VENDOR TOTALS 25,862.07 YTD INVOICED 25,716.84 YTD PAID 1,903.53 10936 SNAP-ON INDUSTRIAL
10/27/23 24000535 7443122 P 12/01/23 11144000 5600 MISC. EXPENSES 34.50 INVOICE: ARV/59256517
10/25/23 24000535 7443122 P 12/01/23 11144000 5600 MISC. EXPENSES 126.69 INVOICE: ARV/56225738
10/26/23 24000535 7443122 P 12/01/23 11144000 5600 MISC. EXPENSES 50.86 INVOICE: ARV/59243502
10/25/23 24000535 7443122 P 12/01/23 11144000 5600 MISC. EXPENSES 3,592.73 INVOICE: ARV/59229437
VENDOR TOTALS 4,170.58 YTD INVOICED 4,170.58 YTD PAID 3,804.78 10087 SPIRAL COMMERCIAL SVCS INC
09/26/23 7443123 P 12/01/23 10130000 5710 PROFESSIONAL/TECHNICAL SE 686.69 INVOICE: RTL08.2023
09/26/23 7443123 P 12/01/23 10130000 5710 PROFESSIONAL/TECHNICAL SE 400.00 City of Lancaster ~CA 53201~

PAID INVOICES REPORT
Report generated: 12/05/2023 16:29
User: spreston
Program ID: appdwarr

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CHECK RUN:231201 TO FISCAL 2024/05 07/01/2023 TO 06/30/2024

VENDOR NAME

INV DATE PO CHECK NO T CHK DATE GL ACCOUNT GL ACCOUNT DESCRIPTION INVOICE: RTL08.2023
09/26/23 7443123 P 12/01/23 10130000 5710 PROFESSIONAL/TECHNICAL SE 39.64 INVOICE: RTL08.2023
09/26/23 7443123 P 12/01/23 10130000 5710 PROFESSIONAL/TECHNICAL SE 25.00 INVOICE: RTL08.2023
09/26/23 7443123 P 12/01/23 10130000 5710 PROFESSIONAL/TECHNICAL SE 1,086.24 INVOICE: RTL08.2023
09/26/23 7443123 P 12/01/23 10130000 5710 PROFESSIONAL/TECHNICAL SE 129.98 INVOICE: RTL08.2023
09/26/23 7443123 P 12/01/23 10130000 5710 PROFESSIONAL/TECHNICAL SE 313.48 INVOICE: RTL08.2023
09/26/23 7443123 P 12/01/23 10130000 5710 PROFESSIONAL/TECHNICAL SE 74.60 INVOICE: RTL08.2023
VENDOR TOTALS 13,841.69 YTD INVOICED 6,769.21 YTD PAID 2,755.63 10647 SRK CONSULTING LLC
11/01/23 24000136 7443124 P 12/01/23 31422000 5710 PROFESSIONAL/TECHNICAL SE 1,822.33 INVOICE: 016-01
11/01/23 24000352 7443124 P 12/01/23 31422000 5710 PROFESSIONAL/TECHNICAL SE 10,515.17 INVOICE: 016-02
VENDOR TOTALS 34,437.50 YTD INVOICED 34,437.50 YTD PAID 12,337.50 11045 STANTEC CONSULTING SRVCS INC
09/12/23 24000620 7443125 P 12/01/23 10147000 5710 PROFESSIONAL/TECHNICAL SE 1,651.10 INVOICE: 2129100
09/12/23 24000621 7443125 P 12/01/23 21147000 5710 PROFESSIONAL/TECHNICAL SE 1,410.75 INVOICE: 2129100
09/18/23 24000620 7443125 P 12/01/23 10147000 5710 PROFESSIONAL/TECHNICAL SE 365.75 INVOICE: 2131746
09/18/23 24000621 7443125 P 12/01/23 21147000 5710 PROFESSIONAL/TECHNICAL SE 365.75 INVOICE: 2131746
VENDOR TOTALS 3,793.35 YTD INVOICED 3,793.35 YTD PAID 3,793.35 11555 STEPHEN HEMMERT WINES
11/05/23 7443126 P 12/01/23 10165030 5312 SPECIAL ACTIVITY SUPPLIES 1,632.47 INVOICE: 40
VENDOR TOTALS 1,632.47 YTD INVOICED 1,632.47 YTD PAID 1,632.47 11726 SUPERIOR COURT OF CA-CO OF L A
11/03/23 7443127 P 12/01/23 10130000 4301 PARKING VIOLATION FINES 1,318.00 INVOICE: 231031
11/03/23 7443127 P 12/01/23 10130000 4301 PARKING VIOLATION FINES 988.50 INVOICE: 231031
11/03/23 7443127 P 12/01/23 10130000 4301 PARKING VIOLATION FINES 1,977.00 INVOICE: 231031
11/03/23 7443127 P 12/01/23 10130000 4301 PARKING VIOLATION FINES 988.50 INVOICE: 231031
City of Lancaster ~CA 53201~

PAID INVOICES REPORT
Report generated: 12/05/2023 16:29
User: spreston
Program ID: appdwarr

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CHECK RUN:231201 TO FISCAL 2024/05 07/01/2023 TO 06/30/2024

VENDOR NAME

INV DATE PO CHECK NO T CHK DATE GL ACCOUNT GL ACCOUNT DESCRIPTION 11/03/23 7443127 P 12/01/23 10130000 4301 PARKING VIOLATION FINES 1,977.00 INVOICE: 231031
11/03/23 7443127 P 12/01/23 10130000 4301 PARKING VIOLATION FINES 551.00 INVOICE: 231031
11/03/23 7443127 P 12/01/23 10130000 4301 PARKING VIOLATION FINES 1,484.50 INVOICE: 231031
11/03/23 7443127 P 12/01/23 10130000 4301 PARKING VIOLATION FINES 988.50 INVOICE: 231031
VENDOR TOTALS 35,813.00 YTD INVOICED 35,813.00 YTD PAID 10,273.00 11994 SWARCO MCCAIN, INC.
09/08/23 24000016 7443128 P 12/01/23 42242000 5793 DAMAGE REPAIRS 4,599.42 INVOICE: INV0275193
VENDOR TOTALS 4,803.38 YTD INVOICED 4,803.38 YTD PAID 4,599.42 10851 TAYLOR COMMUNICATIONS INC
10/30/23 24000715 7443129 P 12/01/23 10117000 5730 PRINTING/BINDING 2,235.50 INVOICE: 4247392
VENDOR TOTALS 3,901.25 YTD INVOICED 3,901.25 YTD PAID 2,235.50 11640 TEAMSTERS LOCAL 911
11/16/23 7443130 P 12/01/23 10100000 2170 UNION DUES PAYABLE 3,420.00 INVOICE: 231116
VENDOR TOTALS 17,271.00 YTD INVOICED 17,271.00 YTD PAID 3,420.00 11304 TEKWERKS
11/15/23 24000086 7443131 P 12/01/23 11218000 5801 TELEPHONE 1,995.00 INVOICE: 20323
VENDOR TOTALS 17,317.74 YTD INVOICED 17,317.74 YTD PAID 1,995.00 11451 TEKWERKS INTERNET
09/01/23 24000033 7443132 P 12/01/23 11218000 5801 TELEPHONE 4,279.00 INVOICE: 18056
VENDOR TOTALS 17,246.00 YTD INVOICED 17,246.00 YTD PAID 4,279.00 11528 TERRACARE ASSOCIATES, LLC
08/10/23 24000611 7443133 P 12/01/23 10163001 5790 REPAIR & MAINTENANCE SERV 1,433.15 INVOICE: CD50328299
08/10/23 24000611 7443133 P 12/01/23 10163002 5790 REPAIR & MAINTENANCE SERV 2,230.75 INVOICE: CD50328299
08/10/23 24000611 7443133 P 12/01/23 10163003 5790 REPAIR & MAINTENANCE SERV 1,603.31 INVOICE: CD50328299
08/10/23 24000611 7443133 P 12/01/23 10163004 5790 REPAIR & MAINTENANCE SERV 1,949.44 INVOICE: CD50328299
08/10/23 24000611 7443133 P 12/01/23 10163005 5790 REPAIR & MAINTENANCE SERV 1,049.97 City of Lancaster ~CA 53201~

PAID INVOICES REPORT
Report generated: 12/05/2023 16:29
User: spreston
Program ID: appdwarr

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CHECK RUN:231201 TO FISCAL 2024/05 07/01/2023 TO 06/30/2024

VENDOR NAME

INV DATE PO CHECK NO T CHK DATE GL ACCOUNT GL ACCOUNT DESCRIPTION INVOICE: CD50328299
08/10/23 24000611 7443133 P 12/01/23 10163006 5790 REPAIR & MAINTENANCE SERV 7,290.24 INVOICE: CD50328299
08/10/23 24000611 7443133 P 12/01/23 10163007 5790 REPAIR & MAINTENANCE SERV 11,719.80 INVOICE: CD50328299
08/10/23 24000611 7443133 P 12/01/23 10163008 5790 REPAIR & MAINTENANCE SERV 1,930.92 INVOICE: CD50328299
08/10/23 24000611 7443133 P 12/01/23 10163010 5790 REPAIR & MAINTENANCE SERV 2,061.73 INVOICE: CD50328299
08/10/23 24000611 7443133 P 12/01/23 10163011 5790 REPAIR & MAINTENANCE SERV 2,617.39 INVOICE: CD50328299
08/10/23 24000611 7443133 P 12/01/23 10163012 5790 REPAIR & MAINTENANCE SERV 4,608.50 INVOICE: CD50328299
08/10/23 24000611 7443133 P 12/01/23 10163013 5790 REPAIR & MAINTENANCE SERV 2,518.99 INVOICE: CD50328299
08/10/23 24000611 7443133 P 12/01/23 10163014 5790 REPAIR & MAINTENANCE SERV 1,106.69 INVOICE: CD50328299
08/10/23 24000611 7443133 P 12/01/23 10163026 5790 REPAIR & MAINTENANCE SERV 118.07 INVOICE: CD50328299
08/10/23 24000611 7443133 P 12/01/23 10163099 5790 REPAIR & MAINTENANCE SERV 5,250.06 INVOICE: CD50328299
09/11/23 24000611 7443133 P 12/01/23 10163001 5790 REPAIR & MAINTENANCE SERV 1,504.81 INVOICE: CD50337145
09/11/23 24000611 7443133 P 12/01/23 10163002 5790 REPAIR & MAINTENANCE SERV 2,342.29 INVOICE: CD50337145
09/11/23 24000611 7443133 P 12/01/23 10163003 5790 REPAIR & MAINTENANCE SERV 1,683.48 INVOICE: CD50337145
09/11/23 24000611 7443133 P 12/01/23 10163004 5790 REPAIR & MAINTENANCE SERV 2,046.91 INVOICE: CD50337145
09/11/23 24000611 7443133 P 12/01/23 10163005 5790 REPAIR & MAINTENANCE SERV 1,102.47 INVOICE: CD50337145
09/11/23 24000611 7443133 P 12/01/23 10163006 5790 REPAIR & MAINTENANCE SERV 7,654.75 INVOICE: CD50337145
09/11/23 24000611 7443133 P 12/01/23 10163007 5790 REPAIR & MAINTENANCE SERV 12,288.53 INVOICE: CD50337145
09/11/23 24000611 7443133 P 12/01/23 10163008 5790 REPAIR & MAINTENANCE SERV 2,027.47 INVOICE: CD50337145
09/11/23 24000611 7443133 P 12/01/23 10163010 5790 REPAIR & MAINTENANCE SERV 2,164.82 INVOICE: CD50337145
09/11/23 24000611 7443133 P 12/01/23 10163011 5790 REPAIR & MAINTENANCE SERV 2,748.26 INVOICE: CD50337145
09/11/23 24000611 7443133 P 12/01/23 10163012 5790 REPAIR & MAINTENANCE SERV 4,838.93 INVOICE: CD50337145
09/11/23 24000611 7443133 P 12/01/23 10163013 5790 REPAIR & MAINTENANCE SERV 2,644.94 INVOICE: CD50337145
09/11/23 24000611 7443133 P 12/01/23 10163014 5790 REPAIR & MAINTENANCE SERV 1,162.02 INVOICE: CD50337145
09/11/23 24000611 7443133 P 12/01/23 10163026 5790 REPAIR & MAINTENANCE SERV 123.97 INVOICE: CD50337145
09/11/23 24000611 7443133 P 12/01/23 10163097 5790 REPAIR & MAINTENANCE SERV 352.80 INVOICE: CD50337145
City of Lancaster ~CA 53201~

PAID INVOICES REPORT
Report generated: 12/05/2023 16:29
User: spreston
Program ID: appdwarr

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CHECK RUN:231201 TO FISCAL 2024/05 07/01/2023 TO 06/30/2024

VENDOR NAME

INV DATE PO CHECK NO T CHK DATE GL ACCOUNT GL ACCOUNT DESCRIPTION 09/11/23 24000611 7443133 P 12/01/23 10163099 5790 REPAIR & MAINTENANCE SERV 5,512.55 INVOICE: CD50337145
10/06/23 24000611 7443133 P 12/01/23 10163001 5790 REPAIR & MAINTENANCE SERV 1,504.81 INVOICE: CD50346206
10/06/23 24000611 7443133 P 12/01/23 10163002 5790 REPAIR & MAINTENANCE SERV 2,342.29 INVOICE: CD50346206
10/06/23 24000611 7443133 P 12/01/23 10163003 5790 REPAIR & MAINTENANCE SERV 1,683.48 INVOICE: CD50346206
10/06/23 24000611 7443133 P 12/01/23 10163004 5790 REPAIR & MAINTENANCE SERV 2,046.91 INVOICE: CD50346206
10/06/23 24000611 7443133 P 12/01/23 10163005 5790 REPAIR & MAINTENANCE SERV 1,102.47 INVOICE: CD50346206
10/06/23 24000611 7443133 P 12/01/23 10163006 5790 REPAIR & MAINTENANCE SERV 7,654.75 INVOICE: CD50346206
10/06/23 24000611 7443133 P 12/01/23 10163007 5790 REPAIR & MAINTENANCE SERV 12,288.53 INVOICE: CD50346206
10/06/23 24000611 7443133 P 12/01/23 10163008 5790 REPAIR & MAINTENANCE SERV 2,027.47 INVOICE: CD50346206
10/06/23 24000611 7443133 P 12/01/23 10163010 5790 REPAIR & MAINTENANCE SERV 2,164.82 INVOICE: CD50346206
10/06/23 24000611 7443133 P 12/01/23 10163011 5790 REPAIR & MAINTENANCE SERV 2,748.26 INVOICE: CD50346206
10/06/23 24000611 7443133 P 12/01/23 10163012 5790 REPAIR & MAINTENANCE SERV 4,838.93 INVOICE: CD50346206
10/06/23 24000611 7443133 P 12/01/23 10163013 5790 REPAIR & MAINTENANCE SERV 2,644.94 INVOICE: CD50346206
10/06/23 24000611 7443133 P 12/01/23 10163014 5790 REPAIR & MAINTENANCE SERV 1,162.02 INVOICE: CD50346206
10/06/23 24000611 7443133 P 12/01/23 10163026 5790 REPAIR & MAINTENANCE SERV 123.97 INVOICE: CD50346206
10/06/23 24000611 7443133 P 12/01/23 10163097 5790 REPAIR & MAINTENANCE SERV 352.80 INVOICE: CD50346206
10/06/23 24000611 7443133 P 12/01/23 10163099 5790 REPAIR & MAINTENANCE SERV 5,512.55 INVOICE: CD50346206
11/02/23 24000611 7443133 P 12/01/23 10163001 5790 REPAIR & MAINTENANCE SERV 1,504.81 INVOICE: CD50354385
11/02/23 24000611 7443133 P 12/01/23 10163002 5790 REPAIR & MAINTENANCE SERV 2,342.29 INVOICE: CD50354385
11/02/23 24000611 7443133 P 12/01/23 10163003 5790 REPAIR & MAINTENANCE SERV 1,683.48 INVOICE: CD50354385
11/02/23 24000611 7443133 P 12/01/23 10163004 5790 REPAIR & MAINTENANCE SERV 2,046.91 INVOICE: CD50354385
11/02/23 24000611 7443133 P 12/01/23 10163005 5790 REPAIR & MAINTENANCE SERV 1,102.47 INVOICE: CD50354385
11/02/23 24000611 7443133 P 12/01/23 10163006 5790 REPAIR & MAINTENANCE SERV 7,654.75 INVOICE: CD50354385
11/02/23 24000611 7443133 P 12/01/23 10163007 5790 REPAIR & MAINTENANCE SERV 12,288.53 INVOICE: CD50354385
11/02/23 24000611 7443133 P 12/01/23 10163008 5790 REPAIR & MAINTENANCE SERV 2,027.47 INVOICE: CD50354385
11/02/23 24000611 7443133 P 12/01/23 10163010 5790 REPAIR & MAINTENANCE SERV 2,164.82 City of Lancaster ~CA 53201~

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VENDOR NAME

INV DATE PO CHECK NO T CHK DATE GL ACCOUNT GL ACCOUNT DESCRIPTION INVOICE: CD50354385
11/02/23 24000611 7443133 P 12/01/23 10163011 5790 REPAIR & MAINTENANCE SERV 2,748.26 INVOICE: CD50354385
11/02/23 24000611 7443133 P 12/01/23 10163012 5790 REPAIR & MAINTENANCE SERV 4,838.93 INVOICE: CD50354385
11/02/23 24000611 7443133 P 12/01/23 10163013 5790 REPAIR & MAINTENANCE SERV 2,644.94 INVOICE: CD50354385
11/02/23 24000611 7443133 P 12/01/23 10163014 5790 REPAIR & MAINTENANCE SERV 1,162.02 INVOICE: CD50354385
11/02/23 24000611 7443133 P 12/01/23 10163026 5790 REPAIR & MAINTENANCE SERV 123.97 INVOICE: CD50354385
11/02/23 24000611 7443133 P 12/01/23 10163097 5790 REPAIR & MAINTENANCE SERV 352.80 INVOICE: CD50354385
11/02/23 24000611 7443133 P 12/01/23 10163099 5790 REPAIR & MAINTENANCE SERV 5,512.55 INVOICE: CD50354385
10/16/23 24000297 7443133 P 12/01/23 10162100 5790 REPAIR & MAINTENANCE SERV 2,409.00 INVOICE: CD50346998
VENDOR TOTALS 250,324.02 YTD INVOICED 250,324.02 YTD PAID 200,495.01 11900 TESLA, INC
11/02/23 7443134 P 12/01/23 10163000 5804 ELECTRIC 2,588.80 INVOICE: 30632132
11/02/23 7443134 P 12/01/23 10163000 5804 ELECTRIC 1,820.34 INVOICE: 30631860
11/02/23 7443134 P 12/01/23 10163000 5804 ELECTRIC 3,717.02 INVOICE: 30632163
VENDOR TOTALS 70,547.94 YTD INVOICED 70,547.94 YTD PAID 8,126.16 11425 THIEF & BARREL
11/07/23 7443135 P 12/01/23 10165030 5312 SPECIAL ACTIVITY SUPPLIES 1,917.16 INVOICE: FOD/231104
VENDOR TOTALS 1,917.16 YTD INVOICED 1,917.16 YTD PAID 1,917.16 11771 THOMSON REUTERS-WEST PMT CENTR
11/01/23 7443136 P 12/01/23 10130000 5710 PROFESSIONAL/TECHNICAL SE 598.37 INVOICE: 849217820
VENDOR TOTALS 6,927.56 YTD INVOICED 6,927.56 YTD PAID 598.37 12496 TORTUGO BREWING COMPANY, LLC
11/04/23 7443137 P 12/01/23 10165030 5312 SPECIAL ACTIVITY SUPPLIES 425.00 INVOICE: 2767
VENDOR TOTALS 425.00 YTD INVOICED 425.00 YTD PAID 425.00 11916 TPX COMMUNICATIONS
10/31/23 24000116 7443138 P 12/01/23 11218000 5801 TELEPHONE 12,226.51 INVOICE: 175489661-0
City of Lancaster ~CA 53201~

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VENDOR NAME

INV DATE PO CHECK NO T CHK DATE GL ACCOUNT GL ACCOUNT DESCRIPTION VENDOR TOTALS 59,689.14 YTD INVOICED 59,689.14 YTD PAID 12,226.51 10523 TRES ES INC
11/13/23 24000264 7443139 P 12/01/23 10111000 5710 PROFESSIONAL/TECHNICAL SE 10,000.00 INVOICE: OCT2023
VENDOR TOTALS 40,000.00 YTD INVOICED 40,000.00 YTD PAID 10,000.00 12377 TREVINO, ASHLEY
10/11/23 7443140 P 12/01/23 10130000 5910 TRAVEL/MILEAGE REIMBURSEM 138.20 INVOICE: 231002
VENDOR TOTALS 138.20 YTD INVOICED 138.20 YTD PAID 138.20 10459 U S ARMOR CORP
07/21/23 7443141 P 12/01/23 10130000 5315 UNIFORMS 1,595.82 INVOICE: 43729
07/21/23 7443141 P 12/01/23 10130000 5315 UNIFORMS 1,521.45 INVOICE: 43731
07/21/23 7443141 P 12/01/23 10130000 5315 UNIFORMS 1,521.45 INVOICE: 43732
07/21/23 7443141 P 12/01/23 10130000 5315 UNIFORMS 1,635.01 INVOICE: 43733
07/21/23 7443141 P 12/01/23 10130000 5315 UNIFORMS 1,830.81 INVOICE: 43737
07/21/23 7443141 P 12/01/23 10130000 5315 UNIFORMS 1,830.81 INVOICE: 43739
07/21/23 7443141 P 12/01/23 10130000 5315 UNIFORMS 1,830.81 INVOICE: 43740
VENDOR TOTALS 14,373.77 YTD INVOICED 14,373.77 YTD PAID 11,766.16 11926 ULINE
09/13/23 7443142 P 12/01/23 10164024 5312 SPECIAL ACTIVITY SUPPLIES 1,652.89 INVOICE: 168405661
VENDOR TOTALS 10,063.26 YTD INVOICED 10,063.26 YTD PAID 1,652.89 11645 UNDERGROUND SERVICE ALERT/SC
11/01/23 24000010 7443143 P 12/01/23 42343000 5600 MISC. EXPENSES 213.58 INVOICE: 23-241433
11/01/23 24000282 7443143 P 12/01/23 42343000 5710 PROFESSIONAL/TECHNICAL SE 731.00 INVOICE: 1020230387
VENDOR TOTALS 3,640.07 YTD INVOICED 3,640.07 YTD PAID 944.58 11366 UNIFIRST CORPORATION
10/27/23 7443144 P 12/01/23 11144000 5315 UNIFORMS 46.16 INVOICE: 2210042585
10/27/23 7443144 P 12/01/23 10127000 5310 OPERATING MATERIALS & SUP 46.17 City of Lancaster ~CA 53201~

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VENDOR NAME

INV DATE PO CHECK NO T CHK DATE GL ACCOUNT GL ACCOUNT DESCRIPTION INVOICE: 2210042585
11/03/23 7443144 P 12/01/23 11144000 5315 UNIFORMS 46.17 INVOICE: 2210044650
11/03/23 7443144 P 12/01/23 10127000 5310 OPERATING MATERIALS & SUP 46.16 INVOICE: 2210044650
11/03/23 24000043 7443144 P 12/01/23 42043000 5315 UNIFORMS 104.32 INVOICE: 2210044649
10/20/23 24000043 7443144 P 12/01/23 42043000 5315 UNIFORMS 106.03 INVOICE: 2210040575
10/27/23 24000043 7443144 P 12/01/23 42043000 5315 UNIFORMS 104.32 INVOICE: 2210042584
VENDOR TOTALS 3,542.30 YTD INVOICED 3,542.30 YTD PAID 499.33 10828 UNIVERSAL ELECTRONIC ALARMS
10/01/23 7443145 P 12/01/23 10163099 5710 PROFESSIONAL/TECHNICAL SE 120.00 INVOICE: 47319
10/01/23 7443145 P 12/01/23 10163099 5710 PROFESSIONAL/TECHNICAL SE 164.85 INVOICE: 47315
10/01/23 7443145 P 12/01/23 10163006 5710 PROFESSIONAL/TECHNICAL SE 81.00 INVOICE: 47326
10/01/23 7443145 P 12/01/23 10163007 5710 PROFESSIONAL/TECHNICAL SE 111.00 INVOICE: 47320
10/01/23 7443145 P 12/01/23 10163001 5710 PROFESSIONAL/TECHNICAL SE 111.00 INVOICE: 47318
10/01/23 7443145 P 12/01/23 10163006 5710 PROFESSIONAL/TECHNICAL SE 111.00 INVOICE: 47321
10/01/23 7443145 P 12/01/23 10163011 5710 PROFESSIONAL/TECHNICAL SE 120.00 INVOICE: 47317
10/01/23 7443145 P 12/01/23 10163012 5710 PROFESSIONAL/TECHNICAL SE 81.00 INVOICE: 47324
10/01/23 7443145 P 12/01/23 10163099 5710 PROFESSIONAL/TECHNICAL SE 81.00 INVOICE: 47327
10/01/23 7443145 P 12/01/23 10163099 5710 PROFESSIONAL/TECHNICAL SE 81.00 INVOICE: 47323
10/01/23 7443145 P 12/01/23 10163007 5710 PROFESSIONAL/TECHNICAL SE 81.00 INVOICE: 47325
10/01/23 7443145 P 12/01/23 10163020 5710 PROFESSIONAL/TECHNICAL SE 81.00 INVOICE: 47314
10/01/23 7443145 P 12/01/23 10163007 5710 PROFESSIONAL/TECHNICAL SE 168.00 INVOICE: 47316
10/01/23 7443145 P 12/01/23 10163099 5710 PROFESSIONAL/TECHNICAL SE 111.00 INVOICE: 47312
07/01/23 7443145 P 12/01/23 10163006 5710 PROFESSIONAL/TECHNICAL SE 111.00 INVOICE: 46466
07/01/23 7443145 P 12/01/23 10163007 5710 PROFESSIONAL/TECHNICAL SE 111.00 INVOICE: 46465
10/13/23 7443145 P 12/01/23 10163020 5790 REPAIR & MAINTENANCE SERV 270.00 INVOICE: 47059
07/01/23 7443145 P 12/01/23 10163011 5710 PROFESSIONAL/TECHNICAL SE 120.00 INVOICE: 46461
City of Lancaster ~CA 53201~

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VENDOR NAME

INV DATE PO CHECK NO T CHK DATE GL ACCOUNT GL ACCOUNT DESCRIPTION 10/13/23 7443145 P 12/01/23 10163099 5790 REPAIR & MAINTENANCE SERV 405.00 INVOICE: 47058
VENDOR TOTALS 7,256.10 YTD INVOICED 7,202.10 YTD PAID 2,519.85 12293 VANNATTER, MELISSA
10/08/23 7443146 P 12/01/23 10166023 5312 SPECIAL ACTIVITY SUPPLIES 100.00 INVOICE: 2
VENDOR TOTALS 200.00 YTD INVOICED 200.00 YTD PAID 100.00 10715 VANTAGE MEDLEGAL LLC
11/09/23 7443147 P 12/01/23 11313200 5740 LEGAL SERVICES 13,600.00 INVOICE: 111560
VENDOR TOTALS 18,600.00 YTD INVOICED 18,600.00 YTD PAID 13,600.00 11933 VERIZON WIRELESS
11/01/23 7443148 P 12/01/23 11218000 5805 WIRELESS 11,040.45 INVOICE: 9948182541
11/01/23 7443148 P 12/01/23 11218000 5805 WIRELESS 5,679.61 INVOICE: 9948131976
11/01/23 7443148 P 12/01/23 11218000 5801 TELEPHONE 596.58 INVOICE: 9948131977
VENDOR TOTALS 62,676.34 YTD INVOICED 62,676.34 YTD PAID 17,316.64 11899 VERSEY, DEREK
11/24/23 7443149 P 12/01/23 10164141 5710 PROFESSIONAL/TECHNICAL SE 46.00 INVOICE: 231127
VENDOR TOTALS 1,748.00 YTD INVOICED 1,748.00 YTD PAID 46.00 12387 VIVIANO, SANDY
11/08/23 7443150 P 12/01/23 10130000 5910 TRAVEL/MILEAGE REIMBURSEM 149.86 INVOICE: 231024MLGE
11/08/23 7443150 P 12/01/23 10130000 5910 TRAVEL/MILEAGE REIMBURSEM 149.86 INVOICE: 102423
VENDOR TOTALS 965.72 YTD INVOICED 965.72 YTD PAID 299.72 11768 VOLTZ COMMERCIAL REALTY ADVSRS
09/18/23 24000453 7443151 P 12/01/23 10124000 5710 PROFESSIONAL/TECHNICAL SE 3,000.00 INVOICE: 230918A
VENDOR TOTALS 6,000.00 YTD INVOICED 6,000.00 YTD PAID 3,000.00 11086 W R E G I S
11/10/23 7443152 P 12/01/23 50191000 5806 POWER PURCHASE EXPENSE 1.80 INVOICE: WR41348
City of Lancaster ~CA 53201~

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VENDOR NAME

INV DATE PO CHECK NO T CHK DATE GL ACCOUNT GL ACCOUNT DESCRIPTION VENDOR TOTALS 1,554.09 YTD INVOICED 1,554.09 YTD PAID 1.80 12310 WALD, RONNIE JR. BUDDY
11/13/23 24000378 7443153 P 12/01/23 10115100 5341 PEG EXPENSE 2,000.00 INVOICE: 231113
VENDOR TOTALS 10,100.00 YTD INVOICED 10,100.00 YTD PAID 2,000.00 10117 WE THE CREATIVE
08/31/23 24000355 7443154 P 12/01/23 10115000 5710 PROFESSIONAL/TECHNICAL SE 1,105.60 INVOICE: 23-7082
09/29/23 24000355 7443154 P 12/01/23 10115000 5710 PROFESSIONAL/TECHNICAL SE 275.40 INVOICE: 23-7091
VENDOR TOTALS 23,905.80 YTD INVOICED 23,905.80 YTD PAID 1,381.00 12414 WENCESLAO, ALEX
09/21/23 7443155 P 12/01/23 10166023 5312 SPECIAL ACTIVITY SUPPLIES 300.00 INVOICE: ON0001
VENDOR TOTALS 300.00 YTD INVOICED 300.00 YTD PAID 300.00 12507 WESTLANE BREWING
11/11/23 7443156 P 12/01/23 10165030 5312 SPECIAL ACTIVITY SUPPLIES 442.00 INVOICE: 000272
VENDOR TOTALS 442.00 YTD INVOICED 442.00 YTD PAID 442.00 12147 WITTE, ADAM NICHOLAS
11/24/23 7443157 P 12/01/23 10164141 5710 PROFESSIONAL/TECHNICAL SE 69.00 INVOICE: 231127
VENDOR TOTALS 1,173.00 YTD INVOICED 1,173.00 YTD PAID 69.00 10891 Z A P MANUFACTURING INC
10/30/23 24000166 7443158 P 12/01/23 21442000 5795 TRAFFIC SIGNAGE 2,028.60 INVOICE: 8154
10/30/23 24000166 7443158 P 12/01/23 21442000 5795 TRAFFIC SIGNAGE 1,559.91 INVOICE: 8153
VENDOR TOTALS 12,192.58 YTD INVOICED 12,192.58 YTD PAID 3,588.51 11924 ZIMMER, DANIEL
11/24/23 7443159 P 12/01/23 10164141 5710 PROFESSIONAL/TECHNICAL SE 184.00 INVOICE: 231127
VENDOR TOTALS 1,771.00 YTD INVOICED 1,771.00 YTD PAID 184.00 10813 ZUMAR INDUSTRIES, INC
10/18/23 24000164 7443160 P 12/01/23 21442000 5795 TRAFFIC SIGNAGE 1,795.97 City of Lancaster ~CA 53201~

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VENDOR NAME

INV DATE PO CHECK NO T CHK DATE GL ACCOUNT GL ACCOUNT DESCRIPTION INVOICE: 8387
10/03/23 24000164 7443160 P 12/01/23 21442000 5793 DAMAGE REPAIRS 7,972.02 INVOICE: 8315
VENDOR TOTALS 9,767.99 YTD INVOICED 9,767.99 YTD PAID 9,767.99 REPORT TOTALS 1,646,540.99

COUNT AMOUNT
TOTAL PRINTED CHECKS 169 1,646,540.99
** END OF REPORT - Generated by Stephanie Preston **

STAFF REPORT
City of Lancaster
CC 4
12/12/2023
JC
Date:December 12, 2023
To: Mayor Parris and City Council Members
From:George N. Harris II, Director of Finance
Subject:Monthly Reports of Investments – October 2023.

Recommendation:

Accept and approve the October 2023 Monthly Report of Investments as submitted.

Fiscal Impact:

None.

Background:

Each month, the Finance Department prepares a report listing the investments for all separate entities under the jurisdiction of the City as identified in the City’s Comprehensive Annual Financial Report.

Portfolio Recap
Yield:

October 2023 September 2023
Total Portfolio 3.44% 3.37%
Cal CLASS 5.51% 5.48%
Local Agency Investment Fund 3.59% 3.59%
Total Pooled Portfolio Balance: $130,528,341 $132,451,278 The portfolio balance decreased from September to October by $1,922,937 or 1.45%. Significant Revenues for October include $2,391,697 Sales & Use Tax, and $1,456,954 in Measure LC Sales Tax. Expenses include $4,691,889 for Miscellaneous, $272,566 Debt Service, $3,858,725 for Payroll & Benefits.

The City’s temporary idle cash, those funds not immediately needed to pay current bills and not governed by bond indentures or bond resolutions, is invested by the City’s adopted Investment 1 4
7 7
Policy. The City Council reviewed this policy regularly, with the latest policy adopted on February 13, 2018, by Resolution No. 18-06.

The City's cash management system is designed to accurately monitor and forecast expenditures and revenues, thus enabling the City to invest funds to the fullest extent possible within the guidelines of this Investment Policy. The City attempts to achieve the highest yield obtainable through a diversified portfolio only after meeting the criteria established for safety and liquidity in that order. The principal investment objectives of the City are:

1. Preservation of capital and protection of investment principal;

2. Maintenance of sufficient liquidity to meet anticipated cash flows;

3. Attainment of a market rate of return;

4. Diversification to avoid incurring unreasonable market risks, and;

5. Compliance with the City’s Municipal Code and with all applicable City resolutions, California statutes, and Federal regulations.

The City’s portfolio is a short-term and intermediate-term fixed-income portfolio. The maximum maturity of any investment is 5 years, with consideration of anticipated cash flow requirements and known future liabilities. The City contracts with an investment advisory service (Insight Investment) to assist in the effort to maximize the returns of the City portfolio. The City’s investments include publicly traded Treasury notes, Treasury Bills, Federal Agency Investments, Time Deposits, and Local Agency Investment Fund (LAIF) under the auspices of the State Treasurer for investment. Funds invested in LAIF are available within 24 hours, and other investments are available upon maturity at full face value. These investments enable the City to meet its expenditure requirements for the next six months, as required by state law.

The City’s investment procedures are governed by Sections 53600 et. seq. of the California Government Code. Additional requirements have been placed on the City’s authorized investments by the Investment Policy (a copy is available in the Finance Department or from the City Clerk), and all investments listed on the attached report adhere to these requirements.

Attachment:

A. October Treasurer’s Report
B. October Investment Report
Interest Rate Amount Total
Pooled Cash/Investments
City of Lancaster
Wells Fargo Bank $21,276,500
City of Lancaster Account 0.00% $21,276,500
U S Bank - Safekeeping $43,039,228
US Treasury Notes 3.02% $18,105,930
Federal Government Agencies 2.17% $10,872,956
Corporate Securities 3.07% $10,004,080
Short Term Bills and Notes 0.00% $0
Municipal/Provincial Bonds 0.46% $2,701,452
Cash & Equivalents 0.00% $1,354,809
Chase Bank $153,369
Certificate of Deposit 0.01% $153,369
California Class $31,984,641
City of Lancaster 5.51% $31,984,641
Local Agency Investment Fund (L.A.I.F.) 3.59% $13,067,034 $13,067,034 Total City of Lancaster $109,520,772
Successor Agency for the Lancaster Redevelopment Agency California CLASS 5.51% $20,559,531 $20,559,531
Local Agency Investment Fund (L.A.I.F.) 3.59% $448,038 $448,038 Total Successor Agency for the Lancaster Redevelopment Agency $21,007,569 Total Pooled Portfolio $130,528,341
Weighted Average 3.435%
Restricted Cash/Investments Held in Trust
River City Bank $12,994,978
City of Lancaster ICS Sweep Account 3.49% 8,930,461
Lancaster Choice Energy LockBox Account 0.00% $4,064,517 The Bank of New York Mellon Trust Company, N.A. $13,040,000 LRA & LA County Escrow Account - Government Bonds 0.00% $13,040,000 US Bank $39,787,225
LRA Combined 2004 Fire Protection Facilities Project Bonds 4.33% $1, 641,682 LRA Combined 2004 Sheriff Facilities Project Refunding Bonds 4.33% $1,862,604 LPA Solar Renewable Energy Issue of 2021 1.32% $2,906,518 SA Combined Project Areas Refunding Bonds 2015A & B 0.04% $1,344,484 SA Combined Project Areas Refunding Bonds 2016 A-1 & A-2 0.01% $4,697,324 SA Combined Project Areas Refunding Bonds 2016B 4.33% $1,252,148 LFA 2016 Assessment Revenue Bonds (Streetlights Acquisition) 0.01% $987,161 SA 2017 Tax Allocation Revenue Bonds (TARB) 0.00% $5,523,676 LFA LRB 2018 Construction and Improvements 3.32% $3,644,632 LFA LRB 2019 Street Improvements 3.46% $15,926,996
Total Restricted Cash/Investments Held in Trust (note 4) $65,822,203 Cal Choice Energy Authority (CCEA)
Interest Rate Amount Total
JP Morgan/Chase $1,521,623
CCEA 1.65% $1,521,623
River City Bank $4,552,635
CCEA Cash Collateral Account 3.53% $2,089,033
CCEA Operating Account 0.00% $2,463,602
All investments are authorized pursuant to and consistent with the investment policy of the City of Lancaster. Policy adopted 02/13/18 under resolution number 18-06.

George N. Harris II
Finance Director

ATTACHMENT A

CITY OF LANCASTER

MONTHLY REPORT OF INVESTMENTS
October 2023
Historical Cost Amortized Cost Fair Value
Unrealized Gain
(Loss)
Average Effective
Maturity (Days)
% Portfolio/
Segment
Average Market
Duration (Years)
Cash and Equivalents $88,843,922 $88,843,922 $88,843,922 $0 1 68.06% 0.00 Corporate Bonds $10,004,080 $9,734,441 $9,456,530 ($277,911) 431 7.66% 1.11 Government Agencies $10,872,956 $10,768,408 $10,422,872 ($345,536) 597 8.33% 1.29 Government Bonds $18,105,930 $18,075,925 $17,574,595 ($501,330) 963 13.87% 2.42 Short Term Bills and Notes $0 $0 $0 $0 0 0.00% 0.00
Municipal/Provincial Bonds $2,701,452 $2,700,232 $2,609,925 ($90,307) 248 2.07% 0.66 $130,528,341 $130,122,928 $128,907,844 ($1,215,084) 672 100.00% 1.64 Recap of Securities Held
October 2023
City of Lancaster

68.06%7.66%

8.33%

13.87%

0.00%

2.07%
Portfolio Diversification
Cash and Equivalents
Corporate Bonds
Government Agencies
Government Bonds
Short Term Bills and Notes
Municipal/Provincial Bonds
City of Lancaster
Maturity Distribution
October 2023
Maturity Historical Cost Percent
Under 90 Days $92,037,844 70.51%
90 to 179 Days 90 180 $3,097,257 2.37%
180 Days to 1 Year 180 365 $6,882,296 5.27%
1 to 2 Years 365 730 $10,850,733 8.31%
2 to 3 Years 730 1095 $7,718,736 5.91%
3 to 4 Years 1095 1460 $5,941,626 4.55%
4 to 5 Years 1460 1825 $3,999,850 3.06%
Over 5 Years $0 0.00%
$130,528,341 100.00%
$0
$10
$20
$30
$40
$50
$60
$70
$80
$90
$100
Under 90
Days
90 to 179
Days
180 Days to 1
Year
1 to 2 Years 2 to 3 Years 3 to 4 Years 4 to 5 Years Over 5 Years Historical Cost
(Millions) Maturity Distribution

ATTACHMENT B

CITY OF LANCASTER

MONTHLY REPORT OF INVESTMENTS
October 2023
(1) This is the actual City bank account balance as of 10/31/2023. It only reflects checks that have been presented for payment and deposits received by the bank.

The balance on deposit per the City books would reflect reductions for all checks and warrants issued and all deposits transmitted.

(2) This is the safekeeping account utilized for investing City funds pursuant to and consistent with the investment policy adopted on 02/13/2018. The current portfolio consists of treasury notes, government agencies, corporates, and CDs.

(3) Pooled Portfolio:

% of Po rtfolio Policy Limit
Cash 17.35% None
CDs 0.12% 25% of total portfolio
Commercial Pape
r 0.00% 25% of total portfolio
US Treasury 13.87% None
Federal Securities 8.33% None
Corporate Securities 7.66% 30% of total portfolio
Municipal/Provincial 2.07% None
California CLASS 40.25% None
LAIF 10.35% None

(4) These are restricted cash and investments are held in trust by the banks indicated.

These amounts cannot be pooled for other investments.

STAFF REPORT
City of Lancaster
CC 5
12/12/2023
JC
Date: December 12, 2023
To: Mayor Parris and City Council Members
From: Larissa De La Cruz, Director – Community Development Nicole Jones, Sr. Analyst – Community Development
Subject: Tax Sharing Resolution for Proposed Annexation No. 40-159 (04-215) into Los Angeles County Waterworks District No. 40, Antelope Valley Recommendation:

Adopt the Tax Sharing Resolution for proposed Annexation No. 40-159 (04-215) into Los Angeles County Waterworks District No. 40, Antelope Valley. Direct the City Clerk to route three copies of the tax sharing resolution to the City Attorney and the Mayor for wet signatures.

Fiscal Impact:

None.

Background:

The property owners within Annexation No. 40-159 (04-215) are requesting water service for their properties. Before water service can be provided, the properties must first be annexed into Los Angeles County Waterworks District No. 40. Additionally, before annexation may be approved, the agencies already providing services to the sites must negotiate reallocation of the ad valorem taxes within the District.

Los Angeles County Waterworks District No. 40, Antelope Valley submitted a written request that the City of Lancaster consider a joint resolution which will reallocate the ad valorem tax revenues generated by the properties within the proposed annexation. These tax sharing resolutions will provide Los Angeles County Waterworks District No. 40 with property tax revenues, from the properties proposed for annexation into the District, for the benefit of bringing a new service into the annexed territory.

NJ/hb
Attachment:
1 4
3 9
Tax Sharing Resolution for Proposed Annexation No. 40-159 (4-215) into Los Angeles County Waterworks District No. 40

STAFF REPORT
City of Lancaster
CC 6
12/12/2023
JC
Date: December 12, 2023
To: Mayor Parris and City Council Members
From: Larissa De La Cruz, Director – Community Development Nicole Jones, Sr. Analyst – Community Development
Subject: Tax Sharing Resolution for Proposed Annexation No. 40-160 (04-216) into Los Angeles County Waterworks District No. 40, Antelope Valley Recommendation:

Adopt the Tax Sharing Resolution for proposed Annexation No. 40-160 (04-216) into Los Angeles County Waterworks District No. 40, Antelope Valley. Direct the City Clerk to route three copies of the tax sharing resolution to the City Attorney and the Mayor for wet signatures.

Fiscal Impact:

None.

Background:

The property owners within Annexation No. 40-160 (04-216) are requesting water service for their properties. Before water service can be provided, the properties must first be annexed into Los Angeles County Waterworks District No. 40. Additionally, before annexation may be approved, the agencies already providing services to the sites must negotiate reallocation of the ad valorem taxes within the District.

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Attachment:

Tax Sharing Resolution for Proposed Annexation No. 40-160 (4-216) into Los Angeles County Waterworks District No. 40

STAFF REPORT
City of Lancaster
CC 7
12/12/2023
JC
Date: December 12, 2023
To: Mayor Parris and City Council Members
From: Rodrick Armalin, Chief of Police
Subject:Designating City Officials Authorized to File Application(s) to the Department of Justice to Obtain Financial Assistance
Recommendation:

Adopt Resolution No. 23-XX, designating those officials authorized to file the application (s) to the U.S. Department of Justice (DOJ) to obtain certain federal financial assistance.

Fiscal Impact:

None.

Background:

The U.S. Department of Justice (DOJ) program furthers the DOJ’s mission by assisting state, local, and tribal jurisdictions’ efforts to prevent or reduce crime and violence and improve the justice system's fair administration.

Moreover, the Edward Byrne Memorial Justice Assistance Grant Program (JAG) allows states and local governments to support a broad range of activities to prevent and control crime and to improve the criminal justice system, some of which could have environmental impacts.

The DOJ is committed to advancing bold, effective justice reform solutions that deliver safety, equity, and justice for all. Justice system reform includes but is not limited to, a wide range of investments in community safety and justice such as accountability of law enforcement to build community trust, alternatives to incarceration, community supervision reforms, support for mental health and substance use treatment services, community-driven programs and partnerships, and enhancing pretrial processes, efforts to continue to address the backlog of court cases created during the pandemic would fall in this category.

The City of Lancaster has been awarded the grant, the division of the Public Safety Department will receive total funds of $103,241.00.

The City officials designated by title include the City Manager or his designee to be authorized 1 4
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and empowered to execute the Department of Justice grant agreement. ra:rc
Attachments:

Resolution No.

BJA FY 23 Edward Byrne Memorial Justice Assistance Grant (JAG) Program - Local Solicitation
RESOLUTION NO. ________

RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF LANCASTER, CALIFORNIA, AUTHORIZING

SUBMITTAL OF THE APPLICATION(S) FOR ALL

DEPARTMENT OF JUSTICE GRANTS FOR WHICH

THE CITY OF LANCASTER IS ELIGIBLE
WHEREAS, in furtherance of this authority DOJ is required to establish procedures governing the application, award, and management of the grants; and WHEREAS, DOJ grant application procedures require, among other things, the applicant's governing body to declare by resolution certain authorizations related to the administration of DOJ grants; and
WHEREAS, the City of Lancaster desires to secure grant funding for programs to raise awareness about the various factors contributing to violent offenses in the community; educate and empower the community members about effective strategies and techniques to prevent and mitigate violent crimes; and foster community engagement

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LANCASTER AS FOLLOWS:

Section 1. The City Council of the City of Lancaster authorizes the submittal of application(s) to the Department of Justice for all grants for which the City of Lancaster is eligible; and
Section 2. The City Manager or his designee is hereby authorized and empowered to execute in the name of the City of Lancaster a grant agreement with the Department of Justice in the amount of $103,241.00.

PASSED, APPROVED, and ADOPTED this ____day of __________, 2023, by the following vote:

AYES:

Resolution No. ____

Page 2 ends

NOES:

ABTAIN:

ABSENT:

ATTEST: APPROVED:
_______________________________ ______________________________ ANDREA ALEXANDER R. REX PARRIS
City Clerk Mayor
City of Lancaster City of Lancaster

STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss

CITY OF LANCASTER )

CERTIFICATION OF RESOLUTION

CITY OF LANCASTER
I, ________________________, ________________________ City of Lancaster, California, do hereby, certify that this is a true and correct copy of the original Resolution No. _____, for which the original is on file in my office.

WITNESS MY HAND AND THE SEAL OF THE CITY OF LANCASTER, on this ____________ day of _______________, 20____.
(seal)
________________________________________

STAFF REPORT
City of Lancaster
CC 8
12/12/2022
JC
Date: December 12, 2023
To: Mayor Parris and City Council Members
From: Marissa Diaz, Director – Public Works
Michael Harne, Assistant Director – Maintenance Services Subject:New Caterpillar Inc. Model: 930 Wheel Loader
Recommendation:

Approve the purchase of one (1) new Caterpillar Inc. Model: 930 Wheel Loader, utilizing the Sourcewell Cooperative Purchasing Contract awarded to Quinn Cat.

Fiscal Impact:

Funds are available in the fiscal year 2023-2024 in expenditure account 101-44000-6201.

Accordingly, approve a purchase amount of $313,262.95, with a contingency of $31,326.30 for a total not to exceed the amount of $344,589.25.

Background:

Quinn Cat was awarded contract number 020223-Cat by Sourcewell Cooperative. Purchasing Bid documents meet all State and City requirements for competitive procurement. Via the cooperative, the City is making this purchase through the local Lancaster Quinn Cat dealer.

The shortage of microchips and the constantly changing price of materials means the final sales price of a vehicle could adjust daily. Therefore, we respectfully request a 10% contingency authority to allow flexibility when processing the final order.

This purchase will replace an existing 2001 John Deer 444H Loader (EQ 3355) used for drainage maintenance, storm drain, illegal dumping, and debris in roadways. The existing vehicle has reached the end of its useful operating life and will be auctioned via an approved City program.

The revenues from this auction will fund future fleet replacements.

HA:sm
Attachment:

Quinn Cat Quote and Specifications
Quote 171152-01

Page 1 of 5 ends

171152-01

Oct 18, 2023

CITY OF LANCASTER
ATTN: ACCOUNTS PAYABLE
44933 FERN AVE
LANCASTER, California 93534-2461

Dear Sir,

We would like to thank you for your interest in our company and our products, and are pleased to quote the following for your consideration.

One (1) New Caterpillar Inc. Model: 930 Wheel Loader

YEAR: 2024

We wish to thank you for the opportunity of quoting on your equipment needs. This quotation is valid for 30 days, after which time we reserve the right to re-quote. If there are any questions, please do not hesitate to contact me.

Sincerely,

Daniel Eckels
Machine Sales Representative

Quote 171152-01

Page 2 of 5 ends

One (1) New Caterpillar Inc. Model: 930 Wheel Loader

Standard Equipment

POWERTRAIN

Cat C7.1 ACERT engine Parking brake, electric
-Auto Idle shut down feature Lubed for life driveshafts -Auto Engine RPM Hydrostatic transmission with electronic -Power modes (Standard and Performance) control
-Power by range (High power in range 4) -Operator modes(TC, Hystat, Single Pedal -Tier 4 final/Stage V compliant and Ice)
-Turbocharged and aftercooled -Directional shift aggressiveness (Fast, -Filtered crankcase breather Medium, Slow)
-Diesel particulate filter -Auto Rimpull control, adjust wheel -Selective catalyst reduction torque
Dry type air cleaner -Creeper control, adjust ground speed Coolant protection to -34C (-29F) Single plane cooling package wide 6 fins Fuel priming pump, automatic per inch density
Fuel Water separator Hydraulically driven demand cooling fan Differential lock in front axle S-O-S port,engine,coolant,transmission Axle seal guards oil
Enclosed wet disc full hydraulic brakes

HYDRAULICS

Automatic lift and bucket kickouts, medium, slow)
adjustable in-cab Hydraulic diagnostic connectors and
Bucket and fork modes, adjustable in-cab S-O-S ports
Cylinder damping at kickout and Hydraulic sight gauge, visible mechanical end stops Load sensing hydraulics and steering Fine mode control (fast, medium, slow) Seat mounted hydraulic joystick controls in Fork Mode Cat Payload 250 hours of Demo
Hydraulic response setting (fast,

ELECTRICAL

Alternator, 115-amp, heavy duty Heavy duty gear reduction starter 12V power supply in cab (2) Product Link
Batteries, 1,000 CCA (2) 24 volt system, Remote jump start post disconnect switch Resettable main and critical function Back up alarm breakers
Emergency shutdown switch Roading lights front and rear LED rear stop and turn lights

OPERATOR ENVIRONMENT

75 mm (3 in) retractable seatbelt Sliding glass on the side windows Automatic temperature control Column mounted multi function control Cab, enclosed ROPS/FOPS pressurized -lights, wipers, turn signal and sound suppressed Suspension seat, fabric
Push to Start Tilt steering wheel
Quote 171152-01

Page 3 of 5 ends

8 Inch Touch Screen Tinted front glass
Jog Dial with Screen Control Wet arm wiper/washer, 2-speed and Programmable Joystick intermittent, front
Cup holders Wet arm wiper washer, rear
External mirrors with lower Mounting Provision
parabolic Gauges
Ground level cab door release -Digital hour meter, odometer and Hydraulic control lockout tachometer
Interior cab lighting, door -Digital ground speedometer and Lunch box storage direction indicator
Operator warning system indicators -Engine coolant temperature gauge Radio ready speakers -Fuel and diesel exhaust fluid level Rear window defrost, electric indicator
Seat mounted electronic implement -Hydraulic oil temperature gauge controls, adjustable

OTHER STANDARD EQUIPMENT

Large-access enclosure doors with Vandalism protection- adjustable close/open force lockable compartments
Parallel lift loader linkage 1000 hour Service Intervals Recovery hitch with pin (after initial 500)
Remote mounted lubrication points

Quote 171152-01

Page 4 of 5 ends

MACHINE SPECIFICATIONS
930 14A WHEEL LOADER 579-7701
LANE 3 ORDER 0P-9003
PREP PACK, UNITED STATES 593-8900
STD LIFT, CPLR READY 593-8921
HYDRAULICS, 3V 593-8923
HYDRAULICS, STANDARD 536-5283
STEERING WHEEL, STANDARD 579-7717
JOYSTICK ,3V ,WHEEL STR 593-8916
DIFFERENTIAL, OPEN REAR 333-6529
ENVIRONMENT, MEDIUM DEBRIS 579-7722
WEATHER, STANDARD 579-7725
CAB, STANDARD 578-1363
CONDITIONER, AIR, R134 579-7735
ENGINE 593-8993
PUSH START, PASSCODE SECURITY 579-7738
CAMERA, REAR VIEW 579-7761
MIRROR, ELEC HEAT 578-1409
SEAT, DELUXE 593-8962
LIGHTS, STD, LED 590-8869
LIGHTS, ROADING, LED, RH 633-0598
STANDARD RADIO DAB+ (12V) 590-8874
PRODUCT LINK, CELLULAR PLE641 573-8455
FILM GP, WARNING, PL, ANSI 638-5475
WINDSHIELD ACCESS STEPS 598-2802
TIRES,20.5R25 MX XHA2 * L3 366-6880
FENDERS, EXTENDED COVER 593-8952
CTWT, HEAVY, 2668LBS, 5PCS 552-4465
TOOLBOX AUX, NONE 519-8081
HYDRAULIC OIL, STANDARD 619-8443
SERIALIZED TECHNICAL MEDIA KIT 421-8926
LINES, AUX 3RD, STD LIFT 530-1623
RIDE CONTROL 579-7697
DECAL,HI VIS STEP,HANDRAIL,DLX 615-9210
BEACON,WARN STROBE, LED AMBER 600-3781
LIGHTS,WARNING,REVERSE STROBE 616-0040
MIRRORS, INTERNAL 1X REAR VIEW 596-5866
VISOR GP-CAB 342-0215
GUARD, POWERTRAIN, LOWER 349-8165
GUARD, CRANKCASE 349-8163
GUARD, DRIVESHAFT 349-7940
PACK, DOMESTIC TRUCK 0P-0210
QUICK COUPLER, FUSION 536-5313
JUMPER LINES, AUX 3RD, FUSION 445-4725

Quote 171152-01

Page 5 of 5 ends

Sell Price $341,246.17
CSA Included
Sourcewell Contract #020223-CAT ($81,394.56)
Paladin MP 2.75yd QC FUS Bucket $28,079.27
Additional Discount ($3,798.50)
Net Balance Due $284,132.38
Sales Tax (10.25%) $29,123.57
California State Tire Fee $7.00
After Tax Balance $313,262.95

WARRANTY & COVERAGE
Standard Warranty: 12 Months Full Machine
CSA 36 Month/1,500 Hour Parts Only (Includes SOS)

F.O.B/TERMS:

Quinn Lancaster/NET 30

Accepted by___________________________________ on ____________________

______________________________
Signature

STAFF REPORT
City of Lancaster
CC 9
12/12/2023
JC
Date:December 12, 2023
To: Mayor Parris and City Council Members
From:Marissa Diaz, Director - Public Works
Michael Harne, Assistant Director – Maintenance Services Subject:On-Call Automotive Fuel Delivery for Transportation Services Recommendations:

1. Approve a not-to-exceed $316,459.00 combined expenditure authority with Mansfield Energy Corp., TACenergy (Truman Arnold Company), LLC, and Pinnacle Petroleum, Inc., utilizing OMNIA Partners Cooperative Purchasing Contracts.

2. Authorize the City Manager, or his designee, to sign all documents.

Fiscal Impact:
$316,459.00. The adopted budget for the current fiscal year 2023-2024 in account 111-41000- 5314 is $316,459.00.

Background:

OMNIA Partners is one of the largest public and private sector procurement purchasing organizations. The City of Lancaster has access to competitively solicited and publicly awarded cooperative agreements through the economies of scale created by OMNIA Partners public sector subsidiaries, National IPA, and U.S. Communities.

In 2019, OMNIA Partners partnered with the City of Fort Worth, Texas, to solicit and award multiple contracts related to motor and aviation fuels and related services for nationwide use. From those awarded contracts, the City of Lancaster will be entering into agreements with:
• Mansfield Energy Corp., Contract Number: 53315
• TACenergy, LLC, Contract Number: 53317
• Pinnacle Petroleum, Inc., Contract Number: 53314
City staff will utilize this expenditure authority via these agreements to get real-time fuel pricing for delivery. These current contracts are valid through December 31, 2024.

With fuel use and prices so difficult to estimate, we respectfully request an expenditure authority encompassing our existing base budget. This will provide the flexibility needed when ordering fuel for City use.

HA:sm

STAFF REPORT
City of Lancaster
CC 10
12/12/2023
JC
Date: December 12, 2023
To: Mayor Parris and City Council Members
From: Marissa Diaz, Director – Public Works
Michael Livingston, Manager – PW City Engineering
Subject: Acceptance of Public Works Construction Project No. 22-010 – Lancaster Performing Arts Center (LPAC) Improvements
Recommendation:

Accept the work constructed by Blessedco Electric, Inc., for Public Works Construction Project No. 22-010, Lancaster Performing Arts Center (LPAC) Improvements and direct the City Clerk to file the Notice of Completion for the project. Retention on this project shall be disbursed in accordance with the California Contract Code Section 22038(c).

Fiscal Impact:
$254,300.00, (including 25% contingency) was awarded based on original contract. There were two (2) Contract Change Orders totaling $30,378.72 which brought the total contract cost from $203,440.00 to $233,818.72 with these actions, sufficient funds were available in Capital Improvements Budget Account numbers CP11BS022-CONST, GL Account 10169900-8000, CP11BS022-CONST, GL Account 20369900-8000, and CP11BS022-CONST, GL Account 41369900-8000.

Background:

On March 8, 2022, Council approved the award of RFP 752-22, Lancaster Performing Arts Center (LPAC) Lighting Improvements, to purchase the materials necessary to upgrade LPAC to LED lighting. Due to long lead times on the equipment, it was necessary to split the materials purchase and installation services into two separate contracts. This contract completed the installation of the previously purchased materials, as well as network and power upgrades in order to complete the conversion to LED Lighting. The new LED lighting is more efficient and cost effective than the existing incandescent lighting, it allows LPAC to advance and remain competitive and convenient for touring artists.

Per Section 2.2 of the Existing Community Workforce Agreement (CWA), this project was subject to the CWA by and between the City of Lancaster and Los Angeles/Orange Counties Building and Construction Trades Council, and the Signatory Craft Councils and Unions (CWA). The PWCP 1 4
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22-010 contract documents were prepared, and the project was advertised accordingly. Per Section

2.6(b) of the CWA, Letters of Assent were submitted by the Contractor and each of its subcontractors, of whatever tier, forty-eight (48) hours prior to commencement of work, or within forty-eight (48) hours after the award of Project Work to that Contractor (or subcontractor), whichever occurred later.

Construction of the project has been completed to the satisfaction of the Director – Public Works.

The project was substantially completed on August 11, 2023, which was within the time permitted by the contract. The construction quantities and the amount of payment have been approved.

The total contract cost is $233,818.72.

ML/km
Attachment:

Notice of Completion

RECORDING REQUESTED BY:

CITY OF LANCASTER

WHEN RECORDED MAIL TO:

CITY OF LANCASTER

CITY CLERK DEPARTMENT
44933 N. FERN AVENUE
LANCASTER, CA 93534

SPACE ABOVE THIS LINE FOR RECORDER'S USE
This document is exempt from payment of a recording fee pursuant to government Code Section 6103 and 27383.

NOTICE OF COMPLETION OF

PUBLIC IMPROVEMENT AND WORK

NOTICE IS HEREBY GIVEN:

1. The City of Lancaster, Los Angeles County, State of California, is the owner on file of a certain public improvement known as:

Public Works Construction Project No. 22-010 Lancaster Performing Arts Center (LPAC) Improvements

2. The address of said owner is 44933 North Fern Avenue, Lancaster, California 93534.

3. The location of said public improvement is as follows: PWCP 22-010 – Lancaster Performing Arts Center (LPAC) Improvements. See Exhibit ‘A’ attached hereto and made a part hereof.

4. On June 13, 2022 , a contract was entered into with Blessedco Electric, Inc. , for the construction, installation, and completion of the above described public improvement and work, and filed for record in the office of the City Clerk of the City of Lancaster.

5. The work was completed on August 11, 2023, by said company according to the plans and specifications and to the satisfaction of the Director of Public Works , and was accepted by the City on December 12, 2023. That upon said contract Western Surety Company was surety for the bond given by the said company as required by law.

ATTEST:

ANDREA ALEXANDER
City Clerk
City of Lancaster
DATED this _____ day of _____________, 20__

CITY OF LANCASTER

BY:

MARISSA DIAZ
Director – Public Works
I certify (or declare) under penalty of perjury that the foregoing is true and correct.

DATE SIGNATURE

PLACE OF EXECUTION

STAFF REPORT
City of Lancaster
CC 11
12/12/2023
JC
Date: December 12, 2023
To: Mayor Parris and City Council Members
From: Marissa Diaz, Director – Public Works
Stephen Carrillo, Senior Engineer – PW City Engineering Subject: Antelope Valley College: Campus Infrastructure Phase 1, Avenue J-12 and 30th Street West Intersection Bid #AVC2019/2020-20 – Acceptance of Improvements (Streets)
Recommendation:

Approve the developer-constructed streets on the following project. In addition, accept the streets for maintenance by the City and for public use.

Project Location/Owner Campus Infrastructure Phase 1, Avenue J-12 and 30th Street West Avenue J-12 and 30th Street West Owner: Antelope Valley Community College District Intersection Bid #AVC2019/2020-20
Fiscal Impact:

Estimated value of Capital assets accepted is $846,867.36.

Background:

The streets have been constructed and completed by the developer according to the approved plans and specifications. The work has been inspected and found to be satisfactory to the Director – Public Works.

SC:TL/km
Attachment:

Vicinity Map
Antelope Valley College: Campus Infrastructure Phase 1 Avenue J-12 and 30th Street West Intersection Bid
#AVC2019-2020-20
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WEST
WEST
WEST
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WEST

STAFF REPORT
City of Lancaster
CC 12
12/12/2023
JC
Date: December 12, 2023
To: Mayor Parris and City Council Members
From: Marissa Diaz, Director – Public Works
Sheila Niebla, Senior Engineer – PW City Engineering
Subject: Award of Bid – PWCP 23-027 – Public Safety Building Improvements Phase 1 Recommendations:

1. Award PWCP 23-027, Public Safety Building Improvements Phase I, to Toneman Development Corporation, in the amount of $447,796.68, plus a 20% contingency, to remove existing landscaping, installation of security fencing with pedestrian gate and vehicular drive gates, and installation of a fiber extension at the Public Safety Building. Authorize the City Manager, or his designee, to sign all documents. This contract was negotiated and is awarded in accordance with California Public Contract Code Section 22038(c).

2. Find that the City has complied with the California Environmental Quality Act. A Notice of Exemption was filed on September 15, 2023.

Fiscal Impact:
$537,356.02 (including 20% contingency); sufficient funds are available in Capital Improvement Budget project string CP14BS001-CONST, GL Account 10149900-8000 for Public Safety Building Improvements Phase I.

Background:

The Public Safety Building is located at 44811 Sierra Highway, Lancaster CA 93534, within a densely populated area, and is surrounded by established residential neighborhoods, and industrial businesses. The Public Safety Building Improvements Phase I project focuses on removing existing landscaping, installation of security fencing with pedestrian gates and vehicular drive gates, and installation of a fiber extension from the roadway to the building.

Proposed improvements include:
1 4
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•Clearing, grubbing, and removals including tree removals •Construction/installation of security fencing, pedestrian access gate, and vehicular drive gates including conduit, gate motor operator and access control system •Installation of conduit and fiber extension from intersection of Milling Street and Sierra Highway to the existing box within the building including conduit Per Section 2.2 of the Existing Community Workforce Agreement (“CWA”), this project is subject to the CWA by and between the City of Lancaster and Los Angeles/Orange Counties Building and Construction Trades Council, and the Signatory Craft Councils and Unions (“CWA”). The PWCP 23-027 contract documents were prepared, and the project was advertised accordingly. Per Section

2.6(b) of the CWA, Letters of Assent shall be submitted by the Contractor and each of its subcontractors, of whatever tier, forty-eight (48) hours prior to commencement of work, or within forty-eight (48) hours after the award of Project Work to that Contractor (or subcontractor), whichever occurs later.

On November 14, 2023, at 11:00 a.m., the City conducted an electronic bid opening for PWCP 23-027, Public Safety Building Improvements Phase I, via PlanetBids. No responsive bids were received. In accordance with California Public Contract Code Section 22038(c), this contract may be awarded to a contractor by negotiation.

On November 15, 2023, Toneman Development Construction submitted a complete bid package and negotiated in good faith to deliver the proposed Public Safety Building Improvements Phase I scope within budget and within the timeline needed.

SN:AK/km
Attachment:

Vicinity Map

STAFF REPORT
City of Lancaster
CC 13
12/12/2023
JC
Date: December 12, 2023
To: Mayor Parris and City Council Members
From: Marissa Diaz, Director – Public Works
Michael Livingston, Manager – PW City Engineering
Subject: Acceptance of Public Works Construction Project No. 22-009 - MOAH HVAC Improvements
Recommendation:

Accept the work constructed by Circulating Air, Inc., for Public Works Construction Project No. 22-009, MOAH HVAC Improvements, and direct the City Clerk to file the Notice of Completion for the project. Retention on this project shall be disbursed in accordance with California Public Contract Code Section 22038(c).

Fiscal Impact:
$2,241,003.60 (including 20% contingency) was awarded based on original contract. There were fourteen (14) Contract Change Orders totaling $205,562.84, which brought the total contract cost from $1,775,859.00 to $1,981,421.84, with these actions, sufficient funds were available in Capital Improvements Budget Account numbers CP11BS042-CONST, GL Account 10149900-8000 and CP11BS042-CONST, GL Account 530-49900-8000.

Background:

This project was required to restore proper climate control systems, allowing MOAH to maintain stable temperatures, increase humidity, and establish a controlled environment within the museum.

Such systems were essential in allowing the safe housing and care of objects on display and in storage, and facilitated the continuation of ongoing projects and developing partnerships with outside entities, such as the Los Angeles County Museum (LACMA) and other potential touring exhibitions. Additional benefits included the increased quality of care for onsite objects in long- term custody of the museum, specifically those of a sensitive nature, and to increase the likelihood of achieving American Alliance of Museums (AAM) Accreditation by adhering to industry operational standards.

Per Section 2.2 of the Existing Community Workforce Agreement (CWA), this project was subject to the CWA by and between the City of Lancaster and Los Angeles/Orange Counties Building and Construction Trades Council, and the Signatory Craft Councils and Unions (CWA). The PWCP 1 4
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22-009 contract documents were prepared, and the project was advertised accordingly. Per Section

On Tuesday, February 8, 2022, at 11:00 a.m., the City conducted an electronic bid opening for PWCP 22-009 via PlanetBids. No responsive bids were received. A Notice of Cancellation was issued by the City’s Purchasing Agent, and staff proceeded to solicit a bid by negotiation per California Public Contract Code Section 22038(c).

Construction of the project has been completed to the satisfaction of the Director – Public Works.

The project was substantially completed on February 21, 2023, which was within the time permitted by the contract. The construction quantities and the amount of payment have been approved.

The total contract cost is $1,981,421.84.

ML:AK/km
Attachment:

Notice of Completion
RECORDING REQUESTED BY:

C ITY OF LANCASTER
WHEN RECORDED MAIL TO:

C ITY OF LANCASTER

C ITY CLERK DEPARTMENT
44933 N. FERN AVENUE
LA NCASTER, CA 93534

SPACE ABOVE THIS LINE FOR RECORDER'S USE
This document is exempt from payment of a recording fee pursuant to government Code Section 6103 and 27383.

OTICE OF COMPLETION OF

PUBLIC IMPROVEMENT AND WORK
NOTICE IS HEREBY GIVEN:

1. The City of Lancaster, Los Angeles County, State of California, is the owner on file of a certain public improvement known as:

Public Works Construction Project No. 22 -009 - MOAH HVAC Improvements

2. The address of said owner is 44933 North Fern Avenue, Lancaster, California 93534.

3. The location of said public improvement is as follows: PWCP 22-009 – MOAH HVAC Improvements. See Exhibit ‘A’ attached hereto and made a part hereof.

4. On March 29, 2022, a contract was entered into with Circulating Air, Inc., for the construction, installation, and completion of the above described public improvement and work, and filed for record in the office of the City Clerk of the City of Lancaster.

5. The work was completed on February 21, 2023, by said company according to the plans and specifications and to the satisfaction of the Director of Public Works, and was accepted by the City on December 12, 2023. That upon said contract Hartford Fire Insurance Company was surety for the bond given by the said company as required by law.

ATTEST:

ANDREA ALEXANDER
City Clerk
City of Lancaster
DATED this _____ day of _____________, 20__

CITY OF LANCASTER
BY:

M ARISSA DIAZ
Director – Public Works
I certify (or declare) under penalty of perjury that the foregoing is true and correct.

DATE SIGNATURE

PLACE OF EXECUTION

STAFF REPORT
City of Lancaster
CC 14
12/12/2023
JC
Date: December 12, 2023
To: Mayor Parris and City Council Members
From: Marissa Diaz, Director – Public Works
Michael Livingston, Manager – PW City Engineering
Subject: Acceptance of Public Works Construction Project No. 21-023 – 2021 Landscape Restoration Program
Recommendation:

Accept the work constructed by Marina Landscape, Inc., for Public Works Construction Project No. 21-023, 2021 Landscape Restoration Program, and direct the City Clerk to file the Notice of Completion for the project. Retention on this project shall be disbursed in accordance with California Public Contract Code Section 22038(b).

Fiscal Impact:
$3,293,378.00, (including 10% contingency) was awarded based on the original contract. There were six (6) Contract Change Orders for this project totaling ($19,361.82), which brought the contract cost from $2,993,980.00 to $2,974,618.18. Sufficient funds were available in Capital Improvements Budget project string CP11ZZ005-CONST, GL Accounts 10149900-8000, 212- 49900-8000 and 53049900-8000.

Background:

The proposed project replaced landscaping and irrigation systems in twenty-two (22) locations throughout the City. Proposed locations included medians in front of the Hangar, medians along Business Center Parkway, and landscaping areas along the Sierra Highway Bike Path, amongst others. This project was the first in the Landscape Restoration Program. The Landscape Restoration Program was initiated by the Parks, Arts, Recreation & Community Services (PARCS) Department and the City Manager’s Office, and aimed to create a cohesive look for landscaping throughout the City.

Per Section 2.2 of the Existing Community Workforce Agreement (“CWA”), this project was subject to the CWA by and between the City of Lancaster and Los Angeles/Orange Counties Building and Construction Trades Council, and the Signatory Craft Councils and Unions. The 1 4
5 1
PWCP 21-023 contract documents were prepared, and the project was advertised accordingly. Per Section 2.6(b) of the CWA, Letters of Assent were submitted by the Contractor and each of its subcontractors, of whatever tier, forty-eight (48) hours prior to commencement of work, or within forty-eight (48) hours after the award of Project Work to that Contractor (or subcontractor), whichever occurred later.

Construction of the project has been completed to the satisfaction of the Director – Public Works.

The project was substantially completed on May 17, 2023, which was within the time permitted by the contract. The construction quantities and the amount of payment have been approved by the Contractor and the Director of Public Works.

The total contract cost is $2,974,618.18.

ML:AK/km
Attachment:

Notice of Completion
RECORDING REQUESTED BY:

CITY OF LANCASTER
WHEN RECORDED MAIL TO:

CITY OF LANCASTER

CITY CLERK DEPARTMENT
44933 N. FERN AVENUE
LANCASTER, CA 93534

SPACE ABOVE THIS LINE FOR RECORDER'S USE
This document is exempt from payment of a recording fee pursuant to government Code Section 6103 and 27383.

NOT

ICE OF COMPLETION OF

PUBLIC IMPROVEMENT AND WORK
NOTICE IS HEREBY GIVEN:

1. The City of Lancaster, Los Angeles County, State of California, is the owner on file of a certain public improvement known as:

Public Works Construction No. 21-023 – 2021 Landscape Restoration Program

2. The address of said owner is 44933 North Fern Avenue, Lancaster, California 93534.

3. The location of said public improvement is as follo ws: PWCP 21-023 - 2021 Landscape Restoration Program. See Exhibit ‘A’ attached hereto and made a part hereof.

4. On November 30, 2021, a co ntract was entered into with Marina Landscape, Inc., for the construction, installation, and completion of the above described public improvement and work, and filed for record in the office of the City Clerk of the City of Lancaster.

5. The work was completed on May 17, 2 023, by said company accordin g to the plans and specifications and to the satisfaction of the Director – Public Work s, and was accepted by the City on December 12, 2023. That upon said contract Berkley Insurance Company was surety for the bond given by the said company as required by law.

ATTEST:

ANDREA ALEXANDER
City Clerk
City of Lancaster
DATED this _____ day of _____________, 20__

CITY OF LANCASTER
BY:

MARISSA DIAZ
Director – Public Works
I certify (or declare) under penalty of perjury that the foregoing is true and correct.

DATE SIGNATURE

PLACE OF EXECUTION

PWCP 21-023
2021 Landscape Restoration Program
Vicinity Map

STAFF REPORT
City of Lancaster
CC 15
12/12/2023
JC
Date: December 12, 2023
To: Mayor Parris and City Council Members
From: Larissa De La Cruz, Director – Community Development Sydney Yeseta, Assistant Manager – Economic Development Subject: Rental Agreement with Clean Water Ventures, Inc.

Recommendations:

1. Approve the Rental Agreement with Clean Water Ventures, Inc. for three industrial parcels near Avenue I and Division Street.

2. Authorize the City Manager, or his designee, to execute the Rental Agreement in substantially the form presented, subject to non-substantive changes approved by the City Manager and City Attorney.

Fiscal Impact:

The rental agreement will generate monthly revenue of $2,841.66, or $34,099.92 annually, for the first year beginning on the Commencement Date of March 1, 2024. The base price will increase by 3% every year over the term of the agreement.

Background:

Clean Water Ventures, Inc. (CWV) developed technology that utilizes recycled wastewater to generate green hydrogen, clean water, and a range of eco-friendly coproducts.

On March 28, 2023, the City Council approved the Master Agreement between the City and CWV. Through this agreement, the City will keep five percent (5%) of the Renewable Identification Number (RIN) credits created through the process of creating green hydrogen starting six (6) months from the date in which the facility begins its operations and coproduct production commences.

Staff has been working with CWV since to identify a project site within Lancaster. The City owns a roughly 5.15-acre industrial site comprised of three parcels (APNs: 3137-015-900, -901, and -902) that is currently vacant and undeveloped. The City has no other prospective interest or use for the property.
1 4
5 6
The subject parcels were declared surplus by Resolution 20-49 on September 8, 2020.

Subsequently, a Notice of Availability was sent to all required entities as mandated by the Surplus Land Act (SLA), and no entity was prepared to purchase the site. On October 7, 2022, the City received a letter from the California Department of Housing and Community Development (HCD), which determined the all the requirements under the SLA were met and the City could proceed with the sale or lease of the properties.

This facility will mark CWV’s first-ever Clean Water-Green Energy plant and is a mark of the continuing partnership between CWV and the City in the pursuit of clean energy and sustainable practices.

SY/js

Attachment:

Rental Agreement with Clean Water Ventures, Inc.

RENTAL AGREEMENT
By and Between

CITY OF LANCASTER,
a California municipal corporation and charter city
and
CLEAN WATER VENTURES, INC.,
a Nevada corporation
i

TABLE OF CONTENTS

1. SUBJECT OF RENTAL AGREEMENT; DEFINITIONS......................................................1

1.1 Definitions ...................................................................................................................1

2. RENTAL AGREEMENT ........................................................................................................3

3. RENTAL AGREEMENT TERM ............................................................................................3

4. USE OF PARCEL ...................................................................................................................3

4.1 Use of Parcel................................................................................................................3

4.2 Management. ...............................................................................................................3

4.3 Compliance with Law..................................................................................................4

4.4 Affordable Housing Covenant.....................................................................................4

5. RENT.......................................................................................................................................4

5.1 Net Lease.....................................................................................................................4

5.2 Rent. ............................................................................................................................4

5.3 Payment of Rent. .........................................................................................................5

6. UTILITIES AND TAXES .......................................................................................................5

6.1 Utilities. .......................................................................................................................5

6.2 Real Estate Taxes ........................................................................................................5

6.3 Personal Property.........................................................................................................5

6.4 Possessory Interest.......................................................................................................5

7. OWNERSHIP OF IMPROVEMENTS, FIXTURES AND FURNISHINGS ..........................6

7.1 Ownership During Term..............................................................................................6

7.2 Ownership at Termination. ..........................................................................................6

8. MECHANICS LIENS; FAITHFUL PERFORMANCE ..........................................................6

9. MAINTENANCE AND REPAIR............................................................................................6

9.1 Maintenance and Repair Responsibility. .....................................................................6

9.2 Maintenance Standards................................................................................................7

10. ENVIRONMENTAL MATTERS ...........................................................................................7

10.1 Assumption of Responsibility and Liabilities..............................................................7

10.2 Indemnification; Tenant’s Indemnity. .........................................................................8

10.3 Duty to Prevent Hazardous Material Contamination...................................................8

10.4 Obligation of Tenant to Remediate Premises. .............................................................8

10.5 Storage or Handling of Hazardous Materials. .............................................................8

10.6 Environmental Inquiries. .............................................................................................9

10.7 Release of Hazardous Materials. .................................................................................9

11. ALTERATION OF PARCEL IMPROVEMENTS..................................................................9

12. DAMAGE OR DESTRUCTION...........................................................................................10 ii

12.1 Obligation to Repair and Restore Damage Due to
Casualty Covered by Insurance. ................................................................................10

12.2 Continued Operations. ...............................................................................................10

12.3 Damage or Destruction Due to Cause Not Required to be Covered by Insurance. ..........................................................................................10

13. SALE, ASSIGNMENT, SUBLEASE OR OTHER TRANSFER..........................................11

14. INDEMNITY.........................................................................................................................11

15. INSURANCE.........................................................................................................................12

15.1 Insurance to be Provided by Tenant. .........................................................................12

15.2 Definition of “Full Insurable Value”. ........................................................................12

15.3 General Insurance Provisions. ...................................................................................13

15.4 Tenant’s Insurance Primary.......................................................................................13

15.5 Failure to Maintain Insurance....................................................................................13

15.6 Insurance Proceeds Resulting from Loss or Damage to Improvements. ...................13

16. EMINENT DOMAIN ............................................................................................................14

17. NONDISCRIMINATION......................................................................................................15

18. NONDISCRIMINATION IN EMPLOYMENT ....................................................................15

19. NO RELOCATION BENEFITS; NO PAYMENT FOR LOSS OF GOODWILL ................15

20. COMPLIANCE WITH LAW; PREVAILING WAGES .......................................................15

21. ENTRY AND INSPECTION ................................................................................................16

22. RIGHT TO MAINTAIN........................................................................................................17

23. DEFAULT AND REMEDIES...............................................................................................17

23.1 Events of Default by Tenant......................................................................................17

23.2 Remedies of City. ......................................................................................................18

23.3 Right of City in the Event of Termination of Rental Agreement...............................18

23.4 Rights and Remedies are Cumulative........................................................................19

24. MISCELLANEOUS ..............................................................................................................19

24.1 Governing Law; Interpretation. .................................................................................19

24.2 Legal Actions.............................................................................................................19

24.3 Acceptance of Service of Process..............................................................................19

24.4 Intentionally Omitted.................................................................................................19

24.5 Interest. ......................................................................................................................19

24.6 Notices.......................................................................................................................19

24.7 Time is of the Essence. ..............................................................................................20

24.8 Non-Merger of Fee and Leasehold Estates................................................................20

24.9 Holding Over. ............................................................................................................20

24.10 Conflict of Interest.....................................................................................................20

24.11 Non-Liability of City Officials and Employees.........................................................21

24.12 Relationship...............................................................................................................21 iii

24.13 Waivers and Amendments.........................................................................................21

24.14 Entire Agreement; Duplicate Originals; Counterparts...............................................21

24.15 Severability................................................................................................................21

24.16 Terminology. .............................................................................................................21

24.17 Binding Effect. ..........................................................................................................22

24.18 Force Majeure............................................................................................................22

24.19 Quiet Enjoyment........................................................................................................22

24.20 City Approvals and Actions. .....................................................................................22

24.21 No Third Parties Benefited. .......................................................................................22 EXHIBIT A – PARCEL MAP
EXHIBIT B – PARCEL LEGAL DESCRIPTION
1 RENTAL AGREEMENT
THIS RENTAL AGREEMENT (this “Rental Agreement”) is made as of ___________ ____, 2023 (the “Date of Agreement”), by and between the CITY OF LANCASTER, a California municipal corporation and charter city (the “City” or “Landlord”), and CLEAN WATER VENTURES, INC., a Nevada corporation (the “Tenant”).

1. SUBJECT OF RENTAL AGREEMENT; DEFINITIONS
City presently holds record title (but not beneficial title) as to that certain property described in Exhibit “B” hereto (the “Parcel”). City is endeavoring to acquire beneficial title as to the Parcel.

For a limited, interim period, City desires to rent the Parcel to Tenant on the terms and conditions set forth in this Rental Agreement. The rental of the Parcel for a limited period of time pursuant to this Rental Agreement will benefit “Taxing Agencies” (as defined below) by generating a rental income with respect to the Parcel, by providing for the maintenance of the Parcel by a private party without cost to the City and any attendant burden upon tax revenues that would otherwise be available for the benefit of such Taxing Agencies. The availability of the Parcel to the Tenant hereunder is also beneficial to the Tenant.

1.1 Definitions:
“City” means the City of Lancaster, a California charter city and municipal corporation. “City Manager” means the City Manager of the City or his or her designee. “Commencement Date” means March 1, 2024.
“Conforming Business Activities” means a project to install, operate, and maintain a Clean Water Ventures, Inc. Clean Water-Green Energy system.
“County” shall mean the County of Los Angeles, California. “Default” means the failure of a party to perform any action or covenant required by this Rental Agreement within the time periods provided herein following any applicable notice and opportunity to cure period, as may be set forth herein. “Governmental Requirements” means all laws, ordinances, statutes, codes, rules, regulations, orders, and decrees of the United States, the state, the County, the City, or any other political subdivision in which the Parcel is located, and of any other political subdivision, agency, or instrumentality exercising jurisdiction over the Tenant or the Parcel. “Hazardous Material” or “Hazardous Materials” means and include any substance, material, or waste which is or becomes regulated by any local governmental authority, including the County, the Regional Water Quality Control Board, the State of California, or the United States Government, including, but not limited to, any material or substance which is: (i) defined as a “hazardous waste,” “acutely hazardous waste,” “restricted hazardous waste,” or “extremely hazardous waste” under Sections 25115, 25117 or 25122.7, or listed pursuant to Section 25140, of the California Health and 2 Safety Code, Division 20, Chapter 6.5 (Hazardous Waste Control Law); (ii) defined as a “hazardous substance” under Section 25316 of the California Health and Safety Code, Division 20, Chapter 6.8 (Carpenter Presley Tanner Hazardous Substance Account Act); (iii) defined as a “hazardous material,” “hazardous substance,” or “hazardous waste” under Section 25501 of the California Health and Safety Code, Division 20, Chapter 6.95 (Hazardous Materials Release Response Plans and Inventory); (iv) defined as a “hazardous substance” under Section 25281 of the California Health and Safety Code, Division 20, Chapter 6.7 (Underground Storage of Hazardous Substances); (v) petroleum; (vi) asbestos and/or asbestos containing materials; (vii) lead based paint or any lead based or lead products; (viii) polychlorinated biphenyls, (ix) designated as a “hazardous substance” pursuant to Section 311 of the Clean Water Act (33 U.S.C. Section 1317); (x) defined as a “hazardous waste” pursuant to Section 1004 of the Resource Conservation and Recovery Act, 42 U.S.C. Section 6901, et seq. (42 U.S.C. Section 6903); (xi) Methyl tertiary Butyl Ether; (xii) defined as “hazardous substances” pursuant to Section 101 of the Comprehensive Environmental Response, Compensation, and Liability Act, 42 U.S.C. Section 9601, et seq. (42 U.S.C. Section 9601); (xiii) any other substance, whether in the form of a solid, liquid, gas or any other form whatsoever, which by any Governmental Requirements either requires special handling in its use, transportation, generation, collection, storage, handling, treatment or disposal, or is defined as “hazardous” or harmful to the environment; and/or (xiv) lead based paint pursuant to and defined in the Lead Based Paint Poisoning Prevention Act, Title X of the 1992 Housing and Community Development Act, 42 U.S.C. § 4800, et seq., specifically §§ 4821-4846, and the implementing regulations thereto. Notwithstanding the foregoing, “Hazardous Materials” shall not include such products in quantities below attainment levels identified in one or more of the enactments identified above as Governmental Requirements, including those products and amounts as are customarily used in the construction, maintenance, rehabilitation, management, operation and residence of residential developments or associated buildings and grounds, or typically used in residential activities in a manner typical of other comparable residential developments, or substances commonly ingested by a significant population living within the Development, including without limitation alcohol, aspirin, tobacco and saccharine. “Hazardous Materials Contamination” means the contamination (whether presently existing or hereafter occurring) of the improvements, facilities, soil, groundwater, air or other elements on, in, or under the Site by Hazardous Materials, or the contamination of the buildings, facilities, soil, groundwater, air or other elements on, in or of any other property as a result of Hazardous Materials at any time (whether before or after the Date of Agreement) emanating from the Parcel. “Improvements” means Parcel Improvements.
“Notice” means a notice in the form prescribed by Section 24.6. “Parcel” means that certain real property that is visually depicted on the Parcel Map and legally described in the Parcel Legal Description.
“Parcel Improvements” means any and all improvements currently situated or hereinafter constructed on the Parcel.
“Parcel Legal Description” means the legal description of the Parcel which is attached hereto as Exhibit “B” and incorporated herein.
3 “Parcel Map” means the map of the Parcel which is attached hereto as Exhibit “A” and incorporated herein.
“Rental Agreement” means this Rental Agreement.
“Taxing Agencies” means governmental agencies which receive property tax revenues from that area which includes the Parcel.
“Term” or “Term of the Rental Agreement” means the period commencing as of the Commencement Date of this Rental Agreement and ending June 18, 2043, or upon earlier termination by either Party as provided herein.

2. RENTAL AGREEMENT
City, for and in consideration of the rents, covenants, and agreements hereinafter reserved and contained on the part of Tenant to be paid, kept, performed, and observed by Tenant, hereby rents to Tenant, and Tenant hereby rents from City, the Parcel. Except as expressly provided to the contrary in this Rental Agreement, reference to the Parcel is to the described land, exclusive of any Improvements now or hereafter located on the land, notwithstanding that any such Improvements may or shall be construed as affixed to and as constituting part of the Parcel.

3. RENTAL AGREEMENT TERM
Tenant rents the Parcel from City and City rents the Parcel to Tenant for the Term.

4. USE OF PARCEL

4.1 Use of Parcel. Tenant covenants and agrees for itself, its successors and assigns, that during the Term, Tenant shall operate and use the Parcel solely for the operation of Clean Water Ventures, Inc. Clean Water – Green Energy Systems and the production of clean water and green hydrogen and other clean coproducts. Tenant’s use of the Parcel shall conform to and comply with all applicable laws. In the event Tenant proposes to construct any improvement(s) upon the Parcel, Tenant shall apply for and obtain all necessary permits and shall pay all fees associated therewith and shall thereafter complete such improvement(s). Prior and as a condition to constructing any improvement(s) upon the Parcel, Tenant shall seek and obtain Landlord’s written consent, which consent may be granted, conditionally granted, or refused at the sole discretion of the City Manager.

4.2 Management. Tenant shall manage or cause the Parcel and Improvements to be managed in a prudent and business-like manner, consistent with other Clean Water Ventures, Inc. or similar facilities in Southern California. For purposes of this Rental Agreement, the term “Mismanagement” shall mean management of the Improvements in a manner which violates any provision of this Rental Agreement and includes, but is not limited to, the following:
•Failing to timely maintain the Improvements in accordance with this Rental Agreement;
4 •Failing to cooperate with the Los Angeles County Sheriff’s Department to the extent necessary in order to maintain a crime-free environment on the Parcel.

Tenant shall use its best efforts to correct any Mismanagement at the earliest feasible time.

The provisions of this Section 4.2 are in addition to, and do not limit, the City’s other rights and remedies provided in this Rental Agreement.

4.3 Compliance with Law. Tenant shall not use the Parcel or the Improvements for any purpose that is in violation of any law, ordinance, or regulation of any federal, state, county or local governmental agency, body, or entity or for any use other than Conforming Business Activities. Tenant shall not maintain or commit any nuisance or unlawful conduct on the Parcel or the Improvements.

4.4 Affordable Housing Covenant. If ten (10) or more residential units are developed on the Parcel, not less than fifteen percent (15%) of the total number of residential units developed on the Parcel shall be sold or rented at affordable housing cost, as defined in Section 50052.5 of the California Health and Safety Code, or affordable rent, as defined in Section 50053 of the California Health and Safety Code, to lower income households, as defined in Section 50079.5 of the California Health and Safety Code. Rental units shall remain affordable to and occupied by lower income households for a period of fifty-five (55) years for rental housing and forty-five (45) years for ownership housing. The initial occupants of all ownership units shall be lower income households, and the units shall be subject to an equity sharing agreement consistent with the provisions of paragraph (2) of subdivision (c) of 65915 of the California Government Code. These requirements shall be covenants or restrictions running with the land and shall be enforceable against any owner and/or lessee who violates a covenant or restriction and each successor-in-interest who continues the violation by any of the entities described in subdivisions (a) to (f), inclusive, of Section 54222.5 of the California Government Code.

5. RENT

5.1 Net Lease. It is the intent of the parties hereto that the rent provided herein shall be absolutely net to City and that Tenant shall pay all costs, taxes, real estate taxes, charges, and expenses of every kind and nature against the Parcel and the Improvements which may arise or become due during the Term, and which, except for execution hereof, would or could have been payable by City.

5.2 Rent. As of the first day of each month during the Term, Tenant agrees to and shall pay monthly base rent as set forth in this Section 5.2 (the “Base Rent”), which shall be payable on the first day of each month that this Rental Agreement remains in effect. During the first year of the Term, the Base Rent amount shall be $2,841.66. The Base Rent shall be increased by three percent (3%) beginning on the first anniversary of the Commencement Date, and on each anniversary thereafter for the duration of the Term. The annual Base Rent increase provided in this Section 5.2 is compounded and cumulative.
5 5.3 Payment of Rent. All Base Rent that becomes due and payable pursuant to this Rental Agreement shall be paid to City at the address of City listed in Section 24.6 or such other place as City may from time to time designate by written notice to the Tenant without notice or demand, and without setoff, counterclaim, abatement, deferment, suspension, or deduction.

6. UTILITIES AND TAXES

6.1 Utilities. Tenant shall pay or cause to be paid all common area charges for gas, electricity, water, sewer, garbage collection, cable television, and other utilities furnished to the Parcel and the Parcel Improvements and all sewer use charges, hookup or similar charges or assessments for utilities levied against the Parcel and the Parcel Improvements for any period included within the Term. Utilities shall be gang metered and Tenant shall pay City’s utility user taxes.

6.2 Real Estate Taxes

6.2.1 As used herein, the term “real estate taxes” shall mean all real estate taxes, municipal or county water and sewer rates and charges, or any other assessments or taxes, which shall be levied against the Parcel or the Parcel Improvements, or any interest therein, and which become a lien thereon and accrue during the Term.

6.2.2 Any real estate taxes which are payable by Tenant hereunder shall be prorated between City and Tenant as of the Commencement Date and then again at the expiration or earlier termination of the Term.

6.2.3 Tenant shall have the right to contest the amount or validity of any real estate taxes, in whole or in part, by appropriate administrative and legal proceedings, without any costs or expense to City, and Tenant may postpone payment of any such contested real estate taxes pending the prosecution of such proceedings and any appeals so long as such proceedings shall not operate to prevent the collection of such real estate taxes and the sale of the Parcel and any Parcel Improvements to satisfy any lien arising out of the nonpayment of the same.

6.2.4 Tenant shall have the right to apply for and may obtain any exemption(s) as may be applicable as to real estate taxes.

6.3 Personal Property. Tenant covenants and agrees to pay before delinquency all personal property taxes, assessments and liens of every kind and nature upon all personality as may be owned by Tenant and from time to time situated within the Parcel and any Parcel Improvements.

6.4 Possessory Interest. The parties acknowledge that the Los Angeles County Assessor may determine that real estate taxes may be assessed as a result of this Rental Agreement.

If any such assessment of real estate taxes is made as to the leasehold interest of Tenant or otherwise as a result of this Rental Agreement, any resulting fees, real estate taxes, and/or other assessments shall be paid by Tenant promptly and prior to delinquency. 6 7. OWNERSHIP OF IMPROVEMENTS, FIXTURES AND FURNISHINGS

7.1 Ownership During Term. All improvements constructed on the Parcel by Tenant as permitted by this Rental Agreement shall, during the Term, shall, as a between Tenant and Landlord, be and remain the property of Landlord. Tenant shall have no right to waste the Parcel Improvements, or to destroy, demolish or remove the Parcel Improvements; further, Tenant’s rights and powers with respect to the Parcel Improvements are subject to the terms and limitations of this Rental Agreement. City and Tenant covenant for themselves and all persons claiming under or through them that the Parcel Improvements are real property.

7.2 Ownership at Termination. Upon termination of this Rental Agreement, whether by expiration of the Term or otherwise, all Parcel Improvements, fixtures and furnishings shall, without compensation to Tenant, as a matter between Landlord and Tenant, remain City’s property, free and clear of all liens, encumbrances, and claims to or against them by Tenant or any third person, firm or entity, including but not limited to any mortgagee or lender, unless otherwise approved by City in writing at its discretion. At the option of the City, the City may require the Tenant to demolish and remove any Parcel Improvements constructed without the City’s consent or approval.

8. MECHANICS LIENS; FAITHFUL PERFORMANCE
Tenant shall not suffer or permit any mechanics’ or materialmen’s liens to be enforced against the fee simple estate as to the Parcel and Parcel Improvements, nor against Tenant’s leasehold interest therein by reason of work, labor, services or materials supplied or claimed to have been supplied to Tenant or anyone holding the Parcel and the Improvements, or any part thereof, through or under Tenant, and Tenant agrees to defend, indemnify, and hold each of City, officials, employees, agents, and representatives, harmless against such liens. If any such lien shall at any time be filed against the Parcel or any Parcel Improvements, Tenant shall, within thirty (30) days after notice to Tenant of the filing thereof, cause the same to be discharged of record; provided, however, that Tenant shall have the right to contest the amount or validity, in whole or in part, of any such lien by appropriate proceedings but in such event, Tenant shall notify City and promptly bond such lien in the manner authorized by law with a responsible surety company qualified to do business in the State of California or provide other security acceptable to City. Tenant shall prosecute such proceedings with due diligence. Nothing in this Rental Agreement shall be deemed to be, nor shall be construed in any way to constitute, the consent or request of City, express or implied, by inference or otherwise, to any person, firm or limited partnership for the performance of any labor or the furnishing of any materials for any construction, rebuilding, alteration or repair of or to the Parcel, the Parcel Improvements, or any part thereof. Prior to commencement of construction of the Improvements on the Parcel, or any repair or alteration thereto having a cost in excess of Five Thousand Dollars ($5,000.00), Tenant shall give City not less than thirty (30) days advance notice in writing of intention to begin said activity in order that nonresponsibility notices may be posted and recorded as provided by State and local laws.

9. MAINTENANCE AND REPAIR.

9.1 Maintenance and Repair Responsibility. Tenant agrees to assume full responsibility for the management, operation and maintenance of the Parcel Improvements and the Parcel throughout the Term without expense to City, and to perform all repairs and replacements 7 necessary to maintain and preserve the Parcel Improvements and the Parcel in good repair, in a neat, clean, safe and orderly condition reasonably satisfactory to City and in compliance with all applicable laws. Tenant agrees that the City shall not be required to perform any maintenance, repairs or services or to assume any expense in connection with the Parcel Improvements and the Parcel. Tenant hereby waives all rights to make repairs or to cause any work to be performed at the expense of City as provided in Sections 1941 and 1942 of the California Civil Code.

9.2 Maintenance Standards. The following standards shall be satisfied by Tenant and its maintenance staff, contractors, and/or subcontractors:

9.2.1 Tenant shall maintain the Parcel Improvements, in a safe fashion suitable for a process manufacturing facility. The Tenant agrees to provide utility services, administrative services, supplies, contract services, maintenance, and management.

9.2.2 Landscape maintenance (to the extent there is landscaping) shall include, but not be limited to: watering/irrigation; fertilization; mowing, edging, and trimming of grass; tree and shrub pruning; trimming and shaping of trees and shrubs to maintain a healthy, natural appearance and safe road conditions and visibility, and optimum irrigation coverage; replacement, as needed, of all plant materials; control of weeds in all planters, shrubs, lawns, ground covers, or other planted areas; and staking for support of trees.

9.2.3 Clean-up maintenance shall include, but not be limited to:
maintenance of all private paths, parking areas, driveways and other paved areas in clean and weed- free condition; maintenance of all such areas clear of dirt, mud, trash, debris or other matter which is unsafe or unsightly; removal of all trash, litter and other debris from improvements and landscaping prior to mowing; clearance and cleaning of all areas maintained prior to the end of the day on which the maintenance operations are performed to ensure that all cuttings, weeds, leaves and other debris are properly disposed of by maintenance workers.

9.2.4 The Parcel Improvements shall be maintained according to the approved construction and architectural plans and design scheme, as the same may be amended from time; provided, however, that the City has approved such amendment.

9.2.5 All maintenance work shall conform to all applicable federal and state Occupation Safety and Health Act standards and regulations for the performance of maintenance.

9.2.6 Any and all chemicals, unhealthy substances, and pesticides used in and during maintenance shall be applied only by persons in strict accordance with all governing regulations.

9.2.7 Parking lots, lighting fixtures, trash enclosures, and all areas shall be kept free from any accumulation of debris or waste materials by regularly scheduled maintenance.

10. ENVIRONMENTAL MATTERS

10.1 Assumption of Responsibility and Liabilities. Tenant assumes any and all responsibility and Liabilities (as defined in Section 10.2 of this Rental Agreement) for all Hazardous 8 Materials Contamination of the Parcel which occurs during the Term of this Rental Agreement or extension thereof.

10.2 Indemnification; Tenant’s Indemnity. Tenant shall save, protect, defend, indemnify and hold harmless the City and their respective officers, officials, employees, members, and agents from and against any and all liabilities, suits, actions, claims, demands, penalties, damages (including, without limitation, penalties, fines and monetary sanctions), losses, costs or expenses (including, without limitation, consultants’ fees, investigation and laboratory fees, reasonable attorneys’ fees and remedial and response costs) (the foregoing are hereinafter collectively referred to as “Liabilities”) which may now or in the future be incurred or suffered by the City and its respective officers, officials, employees, members, or agents by reason of, resulting from, in connection with, or arising in any manner whatsoever as a direct or indirect result of the presence on or under, or escape, seepage, leakage, spillage, discharge, emission or release from the Parcel of any Hazardous Materials or Hazardous Materials Contamination first arising or occurring after the Commencement Date, including any Liabilities incurred under any Governmental Requirements relating to such Hazardous Materials or Hazardous Materials Contamination. Tenant’s obligations under this Section 10.2 shall survive the expiration of this Rental Agreement and shall not merge with any grant deed, special warranty deed or quitclaim deed.

10.3 Duty to Prevent Hazardous Material Contamination. Tenant shall take all necessary precautions to prevent the release of any Hazardous Materials into the environment. Such precautions shall include compliance with all Governmental Requirements with respect to Hazardous Materials. In addition, Tenant shall install and utilize such equipment and implement and adhere to such procedures as are consistent with the standards generally applied by apartment complexes in Los Angeles County, California as respects the disclosure, storage, use, removal, and disposal of Hazardous Materials.

10.4 Obligation of Tenant to Remediate Premises. Notwithstanding the obligation of Tenant to indemnify the City pursuant to Section 10.2 of this Rental Agreement, Tenant shall, at its sole cost and expense, promptly take (i) all actions required by any federal, state, regional, or local governmental agency or political subdivision or any Governmental Requirements and (ii) all actions necessary to make full economic use of the Parcel for the purposes described in this Rental Agreement, which requirements or necessity arise from the presence upon, about or beneath the Parcel of any Hazardous Materials or Hazardous Materials Contamination first arising or occurring after the Commencement Date. Such actions shall include, but not be limited to, the investigation of the environmental condition of the Parcel, the preparation of any feasibility studies or reports and the performance of any cleanup, remedial, removal or restoration work. Tenant shall take all actions necessary to promptly restore the Parcel to an environmentally sound condition necessitated as a result of the presence upon, about or beneath the Parcel first arising after the Commencement Date for the uses contemplated by this Rental Agreement notwithstanding any lesser standard of remediation allowable under applicable Governmental Requirements.

10.5 Storage or Handling of Hazardous Materials. Tenant, at its sole cost and expense, shall comply with all Governmental Requirements for the storage, use, transportation, handling and disposal of Hazardous Materials on or about the Parcel. In the event Tenant does store, use, transport, handle or dispose of any Hazardous Materials, Tenant shall notify City in writing at 9 least ten (10) days prior to their first appearance on the Parcel and Tenant’s failure to do so shall constitute a material default under this Rental Agreement. Tenant shall conduct all monitoring activities required or prescribed by applicable Governmental Requirements, and shall, at its sole cost and expense, comply with all posting requirements of Proposition 65 or any other similarly enacted Governmental Requirements. In addition, in the event of any complaint or governmental inquiry, or if otherwise deemed necessary by City in its reasonable judgment, City may require Tenant, at Tenant’s sole cost and expense, to conduct specific monitoring or testing activities with respect to Hazardous Materials on the Parcel. Tenant’s monitoring programs shall be in compliance with applicable Governmental Requirements, and any program related to the specific monitoring of or testing for Hazardous Materials on the Parcel, shall be satisfactory to City, in City’s reasonable discretion. Tenant shall further be solely responsible and shall reimburse City for all costs and expenses incurred by City arising out of or connected with the removal, clean-up and/or restoration work and materials necessary to return the Parcel and any property adjacent to the Parcel affected by Hazardous Materials emanating from the Parcel to their condition existing at the time of the commencement of the Term. Tenant’s obligations hereunder shall survive the termination of this Rental Agreement and shall not merge with any grant deed.

10.6 Environmental Inquiries. Tenant shall notify City, and provide to City·a copy or copies, of the following environmental permits, disclosures, applications, entitlements or inquiries relating to the Parcel: notices of violation, notices to comply, citations, inquiries, clean-up or abatement orders, cease and desist orders, reports filed pursuant to self-reporting requirements, and reports filed or applications made pursuant to any Governmental Requirement relating to Hazardous Materials and underground tanks, and Tenant shall report to City, as soon as possible after each incident, any unusual, potentially important incidents.

10.7 Release of Hazardous Materials. In the event of a release of any Hazardous Materials into the environment, Tenant shall, as soon as possible after the release, furnish to City a copy of any and all reports relating thereto and copies of all correspondence with governmental agencies relating to the release. Upon request of City, Tenant shall furnish to City a copy or copies of any and all other environmental entitlements or inquiries relating to or affecting the Parcel including, but not limited to, all permit applications, permits and reports including, without limitation, those reports and other matters which may be characterized as confidential.

11. ALTERATION OF PARCEL IMPROVEMENTS
Tenant shall not make or permit to be made any material structural alteration of, structural addition to or change to any Parcel Improvements within the public right of way, or change to any of the Improvements (which shall be deemed to be material if the cost or value of such structural alteration(s) or structural addition(s) without the prior written approval of the City Manager, nor demolish all or any material part of the Improvements without the prior written consent of the City Manager; provided, however, that the foregoing shall not prohibit or restrict the repair and/or replacement of the Parcel Improvements by Tenant in accordance with Section 10 hereof. In requesting such consent Tenant shall submit to City detailed plans and specifications of the proposed work and an explanation of the need and reasons therefor. This provision shall not limit or set aside any obligation of Tenant under this Rental Agreement to maintain the Parcel Improvements and the Parcel in a clean and safe condition, including structural repair and restoration of damaged 10 Improvements. City shall not be obligated by this Rental Agreement to make any improvements to the Parcel or to assume any expense therefor. Tenant shall not commit or suffer to be committed any waste or impairment of the Parcel or the Parcel Improvements, or any part thereof, except as otherwise permitted pursuant to this Rental Agreement. Tenant agrees to keep the Parcel and the Parcel Improvements clean and clear of refuse and obstructions, and to dispose of all garbage, trash and rubbish in a manner satisfactory to City.

12. DAMAGE OR DESTRUCTION

12.1 Obligation to Repair and Restore Damage Due to Casualty Covered by Insurance. Subject to Section 13.3 below, if the Parcel Improvements shall be totally or partially destroyed or rendered wholly or partly uninhabitable by fire or other casualty required to be insured against by Tenant, Tenant shall promptly proceed to obtain insurance proceeds and take all steps necessary to begin reconstruction and, immediately upon receipt of insurance proceeds, to promptly and diligently commence the repair or replacement of the Improvements to substantially the same condition as the Improvements are required to be maintained in pursuant to this Rental Agreement, whether or not the insurance proceeds are sufficient to cover the actual cost of repair, replacement, or restoration, and Tenant shall complete the same as soon as possible thereafter so that the Improvements can continue to be operated and occupied in accordance with the Rental Agreement.

Subject to Section 24.19, in no event shall the repair, replacement, or restoration period exceed the lesser of (i) ninety (90) days from the date Tenant obtains insurance proceeds or (ii) the remainder of the Term unless the City Manager, in his or her sole and absolute discretion, approves a longer period of time. City shall cooperate with Tenant, at no expense to City, in obtaining any governmental permits required for the repair, replacement, or restoration. If, however, the then-existing laws of any other governmental agencies with jurisdiction over the Parcel do not permit the repair, replacement, or restoration, Tenant may elect not to repair, replace, or restore the Improvements by giving notice to City (in which event Tenant will be entitled to all insurance proceeds but Tenant shall be required to remove all debris from the Parcel) or Tenant may reconstruct such other improvements on the Parcel as are consistent with applicable land use regulations and approved by the City, the City, and the other governmental agency or agencies with jurisdiction. In the event Tenant elects not to repair, replace, or restore and give City notice of such election as provided herein, this Rental Agreement shall terminate.

12.2 Continued Operations. During any period of repair, Tenant may continue, or cause the continuation of, the operation of the Parcel Improvements to the extent reasonably practicable from the standpoint of prudent business management.

12.3 Damage or Destruction Due to Cause Not Required to be Covered by Insurance. If the Parcel Improvements are completely destroyed or substantially damaged by a casualty for which Tenant is not required to (and has not) insured against, then Tenant shall not be required to repair, replace, or restore such improvements and may elect not to do so by providing City with written notice of election not to repair, replace, or restore within ninety (90) days after such substantial damage or destruction. In such event, Tenant shall remove all debris from the Parcel. As used in this Section 12.3, “substantial damage” caused by a casualty not required to be (and not) covered by insurance shall mean damage or destruction which is twenty-five percent (25%) or more of the replacement cost of the improvements comprising the Parcel Improvements. In the event Tenant 11 does not timely elect not to repair, replace, or restore the Parcel Improvements as set forth in the first sentence of this Section 12.3, Tenant shall be conclusively deemed to have waived its right not to repair, replace, or restore the Parcel Improvements and thereafter Tenant shall promptly commence and complete the repair, replacement, or restoration of the damaged or destroyed Improvements in accordance with Section 12.1 above and continue operation of the Parcel Improvements during the period of repair (if practicable) in accordance with Section 12.2 above. In the event Tenant elects not to repair, replace, or restore, and gives City notice of such election as provided herein, this Rental Agreement shall terminate.

13. SALE, ASSIGNMENT, SUBLEASE OR OTHER TRANSFER
Except for the grant of an easement or license to the City, Tenant shall not sell, assign, sublease, or otherwise transfer this Rental Agreement or any right therein, nor make any total or partial sale, assignment, sublease, or transfer in any other mode or form of the whole or any part of the Parcel or the Parcel Improvements (each of which events is referred to in this Rental Agreement as an “Assignment”), without prior written approval of City to be given, withheld or denied at the sole and absolute discretion of City. The term “Assignment” shall be deemed to include (without limitation) all refinancing thereof and any other loans approved by City. Any purported assignment without the prior written consent of City shall be made null and void and shall confer no rights whatsoever upon any purported assignee or transferee. Notwithstanding any provision in this Section 13 to the contrary, in no event shall Tenant make any assignment which would or could be effective beyond the Term without the prior consent of the City Manager, which approval may be granted, conditionally granted, or refused at the sole and absolute discretion of the City Manager.

14. INDEMNITY
During the Term, Tenant agrees that the City and its respective their agents, officers, representatives, members and employees, shall not be liable for any claims, liabilities, penalties, fines or for any damage to the goods, properties or effects of Tenant, its sublessees or representatives, agents, employees, guests, licensees, invitees, patrons or clientele or of any other person whomsoever, nor for personal injuries to, or deaths of any persons, whether caused by or resulting from any act or omission of Tenant or its sublessees or any other person on or about the Parcel caused or contributed to by Tenant or as a result of the Improvements, or in connection with the operation thereof, or from any defect in the Parcel or the Improvements, or from any displacement of tenants or liability for relocation assistance pursuant to Government Code Section 7260, et seq., due to the acts of Tenant hereunder. Tenant agrees to indemnify and save free and harmless each of City and its respective authorized agents, ·officers, representatives, members and employees against any and all claims, actions, damages, liability (including reasonable expenses and attorneys’ fees) concerning loss of life, personal injury and/or damage to property arising from or out of any occurrence in, upon or at the Parcel and/or the Improvements or the occupancy or use by Tenant of the Parcel and/or the Improvements or any part thereof, or arising from or out of Tenant’s failure to comply with any provision of this Rental Agreement or otherwise occasioned wholly or in part by any act or omission of Tenant, its agents, representatives, contractors, employees, servants, customers or licensees. Tenant shall not be responsible for (and such indemnity shall not apply to) any acts, errors or omissions of City or its agents, officers, representatives, members, or employees. 12 15. INSURANCE

15.1 Insurance to be Provided by Tenant. During the Term, Tenant, at its sole cost and expense, shall:

15.1.1 Maintain or cause to be maintained a policy or policies of insurance against loss or damage to the Improvements of all property of an insurable nature located upon the Parcel, resulting from fire, lightning, vandalism, malicious mischief, and such other perils ordinarily included in extended coverage fire insurance and casualty loss policies.

15.1.2 Maintain or cause to be maintained, comprehensive general liability insurance with respect to the Parcel and the Improvements and the operations of the Tenant in, on or about the Parcel and the Improvements, including, but not limited to, owned and hired motor vehicle liability, cross liability and severability of interests, personal injury, XC&U, blanket contractual, owners protective broad form property damage, and product/completed operations liability coverage in an amount not less than Two Million Dollars ($2,000,000), combined single limit, public liability insurance to protect against loss from liability for damages on account of personal injury, including death therefrom, suffered or alleged to be suffered by any person or persons whomsoever on or about the Parcel and the Improvements, or in connection with the operation thereof, resulting directly or indirectly from any acts or activities of Tenant or its sublessees, or any person acting for Tenant, or under their respective control or direction, and also to protect against loss from liability imposed by law for damages to any property of any person occurring on or about the Parcel and the Improvements, or in connection with the operation thereof, caused directly or indirectly by or from acts or activities of Tenant of its sublessees, or any person acting for Tenant, or under their respective control or direction. Such property damage and personal injury insurance shall also provide for and protect against incurring any legal cost in defending claims for alleged loss. Tenant agrees that provisions of this paragraph as to maintenance of insurance shall not be construed as limiting in any way the extent to which Tenant may be held responsible for the payment of damages to persons or property resulting from Tenant’s activities, activities of its sublessees or the activities of any other person or persons for which Tenant is otherwise responsible.

15.1.3 Maintain or cause to be maintained worker’s compensation insurance issued by a responsible carrier authorized under the laws of the State of California to insure employers against liability for compensation under the workers’ compensation laws now in force in California, or any laws hereafter enacted as an amendment or supplement thereto or in lieu thereof. Such workers’ compensation insurance shall cover all persons employed by Tenant in connection with the Parcel and the Improvements and shall cover full liability for compensation under any such act aforesaid, based upon death or bodily injury claims made by, for on behalf of any person incurring or suffering injury or death in connection with the Parcel or the Improvements or the operation thereof by Tenant.

15.2 Definition of “Full Insurable Value”. The term “Full Insurable Value” as used in this Section 15 shall mean the actual replacement cost (excluding the cost of excavation, foundation and footings below the lowest floor and without deduction for depreciation) of the Improvements, including the cost of construction of the Improvements, architectural and engineering fees, and inspection and supervision. To ascertain the amount of coverage required, Tenant shall cause the Full Insurable Value to be determined (i) by mutual agreement of Tenant and Landlord or, if no 13 such agreement is reached, then (ii) from time to time by appraisal by the insurer or, if no such appraisal is available, by an appraiser mutually acceptable to City and Tenant.

15.3 General Insurance Provisions. All policies of insurance provided for in this Section 15, except for the workers’ compensation insurance, shall name Tenant as the insured and loss payee and City and the City and their respective officers, employees, agents, and representatives, as additional insureds, as their respective interests may appear. Tenant agrees to timely pay all premiums for such insurance and, at its sole cost and expense, to comply and secure compliance with all insurance requirements necessary for the maintenance of such insurance. Tenant agrees to submit policies of all insurance required by this Section 15 of this Rental Agreement, or certificates evidencing the existence thereof, to City on or before the effective date of this Rental Agreement, indicating full coverage of the contractual liability imposed by this Rental Agreement. At least thirty (30) days prior to expiration of any such policy, copies of renewal policies, or certificates evidencing the existence thereof, shall be submitted to City. All policies of insurance required of Tenant herein shall be issued by insurance companies with a general policy holder’s rating of not less than A and a financial rating of not less that Class X, as rated in the most current available “Best’s Key Rating Guide”, and which are qualified to do business in the State of California. All policies or certificates of insurance shall also: (i) provide that such policies shall not be canceled or limited in any manner without at least thirty (30) days prior written notice to City; and (ii) provide that such coverage is primary and not contributing with any insurance as may be obtained by City and shall contain a waiver of subrogation for the benefit of City.

15.4 Tenant’s Insurance Primary. Coverage provided hereunder by Tenant shall be primary insurance and not be contributing with any insurance maintained by City, and the policy shall contain such an endorsement. The insurance policy or the endorsement shall contain a waiver of subrogation for the benefit of City. None of the above-described policies shall require Tenant to meet a deductible or self-insured retention amount of more than Ten Thousand Dollars ($10,000.00) unless first approved in writing by the City Manager. All policies shall be written by good and solvent insurers qualified to do business in California and shall have a policyholder’s rating of A or better in the most recent edition of “Best’s Key Rating Guide -- Property and Casualty.” The required certificate shall be furnished by Tenant at the time set forth herein.

15.5 Failure to Maintain Insurance. If Tenant fails or refuses to procure or maintain insurance as required by this Rental Agreement, City shall have the right, at City’s election, and upon ten (10) days prior notice to Tenant, to procure and maintain such insurance. The premiums paid by City shall be treated as added rent due from Tenant, to be paid on the first day of the month following the date on which the premiums were paid. City shall give prompt notice of the payment of such premiums, stating the amounts paid and the name of the insured(s).

15.6 Insurance Proceeds Resulting from Loss or Damage to Improvements. All proceeds of insurance with respect to loss or damage to the Parcel Improvements during the term of this Rental Agreement shall be payable, under the provisions of the policy of insurance, to Tenant, and said proceeds shall constitute a trust fund to be used for the restoration, repair and rebuilding of the Parcel Improvements in accordance with plans and specifications approved in writing by City. To the extent that such proceeds exceed the cost of such restoration, repair or rebuilding, then such proceeds shall be retained by the party that purchased the insurance. In the event this Rental 14 Agreement is terminated by mutual agreement of City and Tenant and said Parcel Improvements are not restored, repaired or rebuilt, the insurance proceeds shall be retained by the City.

16. EMINENT DOMAIN
In the event that the Parcel and/or the Parcel Improvements or any part thereof shall be taken for public purposes by any public agency other than the City by condemnation as a result of any action or proceeding in eminent domain, then, as between City and Tenant (or mortgagee, if a mortgage is then in effect), the interests of City and Tenant (or mortgagee) in the award and the effect of the taking upon this Rental Agreement shall be as follows:
•In the event of such taking of only a part of the Parcel, leaving the remainder of the Parcel in such location and in such form, shape and size as to be used effectively and practicably for the conduct thereon of the uses permitted hereunder, this Rental Agreement shall terminate and end as to the portion of the Parcel so taken as of the date title to such portion vests in the condemning authority, but shall continue in full force and effect as to the portion of the Parcel not so taken and from and after such date the rental required by this Rental Agreement to be paid by Tenant to City shall be reduced in the proportion which the number of square feet so taken bears to the total number of square feet in the Parcel.
•In the event of taking of only a part of the Parcel, leaving the remainder of the Parcel in such location, or in such form, shape or reduced size as to render the same not effectively and practicably usable, for the conduct thereon of. the uses permitted hereunder, this Rental Agreement and all right, title and interest thereunder shall cease on the date title to the Parcel or the portion thereof so taken vests in the condemning authority.
•In the event the entire Parcel is taken, this Rental Agreement and all of the right, title and interest thereunder, shall cease on the date title to the Parcel so taken vests in the condemning authority.
•In the event of any taking under subparagraphs (a), (b) or (c) hereinabove, any award, in its entirety, shall belong to City and Tenant shall have no interest therein. •Notwithstanding the foregoing provisions of this Section 16, City may, in its discretion and without affecting the validity and existence of this Rental Agreement, transfer City’s interests in the Parcel in lieu of condemnation to any authority entitled to exercise the power of eminent domain. • All valuations to be made pursuant to this Section 16, to the extent necessary or convenient, shall be made by the City Manager.
15 •The City agrees that during the Term, provided that this Rental Agreement shall remain in effect, the City shall not exercise eminent domain powers as to the Parcel or the Parcel Improvements.

17. NONDISCRIMINATION
There shall be no discrimination against or segregation of any person or group of persons, on account of sex, marital status, race, color, creed, religion, national origin or ancestry in the leasing, subleasing, transferring, use, occupancy, tenure or enjoyment of the Parcel and the Improvements, and Tenant itself or any person claiming under or through it shall not establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy of tenants, lessees, subtenants, sublessees, or vendees thereof or any portion thereof, or in the providing of goods, services, facilities, privileges, advantages and accommodation.

18. NONDISCRIMINATION IN EMPLOYMENT
Tenant, for itself and its successors and assigns, agrees that during the operation of the Parcel Improvements provided for in this Rental Agreement, and during any work of repair or replacement, Tenant shall not discriminate against any employee or applicant for employment because of race, color, creed, religion, sex, marital status, physical or mental disability, sexual orientation, ancestry or national origin, or on the basis of any other category or status not permitted by law.

19. NO RELOCATION BENEFITS; NO PAYMENT FOR LOSS OF GOODWILL Tenant agrees and acknowledges that, without regard to the time or circumstances associated with the cessation of the Term or the use of the Parcel by Tenant, Tenant shall have no right to relocation assistance or benefits arising from the dispossession of the Tenant or such person or persons regardless of the circumstances thereof (including without limitation with respect to any improvements made to the Parcel). Tenant waives any rights to relocation benefits and/or relocation advisory assistance in connection with the use of the Parcel or the cessation of use of the Parcel. The provisions of this paragraph shall be in addition to and shall not limit the rights and remedies of Landlord as otherwise set forth in this Rental Agreement. The provisions of this Section 19 are a material part of this Lease and, but for such provisions, Landlord would not have entered into this Rental Agreement. Tenant further agrees that, without regard to whether the possession of the Tenant under this Rental Agreement is terminated at any time under Section 23.3, Tenant shall not be entitled to receive any compensation for loss of goodwill; Tenant waives any rights to such remuneration.

20. COMPLIANCE WITH LAW; PREVAILING WAGES
Tenant agrees, at its sole cost and expense, to comply and secure compliance by all contractors and tenants of the Parcel and in connection with the Parcel Improvements, with all the requirements now in force, or which may hereafter be in force, of all municipal, county, state and federal authorities, pertaining to the Parcel and the Parcel Improvements, as well as operations conducted thereon, and to faithfully observe and secure compliance by all contractors and tenants of the Parcel and the Parcel Improvements, with, in the use of the Parcel and the Parcel Improvements all applicable county and 16 municipal ordinances and state and federal statutes now in force or which may hereafter be in force, and to pay before delinquency all taxes, assessments, and fees, if any, assessor levied upon Tenant or the Parcel or the Parcel Improvements, including the land and any buildings, structures, machines, appliances or other improvements of any nature whatsoever, erected, installed or maintained by Tenant or by reason of the business or other activities of Tenant upon or in connection with the Parcel and the Parcel Improvements. Tenant shall use good faith efforts to prevent tenants from maintaining any nuisance or other unlawful conduct on or about the Parcel and shall take such actions as are reasonably required to abate any such violations by tenants of the Parcel and the Parcel Improvements.

The judgment of any court of competent jurisdiction, or the admission of Tenant or any sublessee or permittee in any action or proceeding against them, or any of them, whether City be a party thereto or not, that Tenant, sublessee or permittee has violated any such ordinance or statute in the use of the Parcel or the Parcel Improvements shall be conclusive of that fact as between City and Tenant, or such sublessee or permittee. Tenant shall comply with all applicable laws, regulations, and any applicable labor standards, all of which laws and regulations shall be deemed to be incorporated herein by reference. If Tenant makes improvements to the Parcel, Tenant shall carry out the design, construction and operation of the Improvements in conformity with all applicable laws, including all applicable state labor standards and federal prevailing wage laws (including without limitation provisions for payment of prevailing wages in connection with all construction of the Improvements to the extent applicable), City zoning and development standards, building, plumbing, mechanical and electrical codes, and all other provisions of the City Code, the Americans With Disabilities Act, 42 U.S.C. Section 12101, et seq., Government Code Section 4450, et seq., Government Code Section 11135, et seq., and the California Building Standards Code, Health and Safety Code Section 18900, et seq. Tenant, including but not limited to its contractors and subcontractors, shall comply with Labor Code Section 1720, et seq., and its implementing regulations, regarding the payment of prevailing wages (the “State Prevailing Wage Law”) if applicable and, if applicable, federal prevailing wage law (“Federal Prevailing Wage Law” and, together with State Prevailing Wage Law, “Prevailing Wage Laws”) with regard to the construction of improvements (if any) undertaken by Tenant on the Parcel, but only if and to the extent such sections are applicable to the construction of such improvements.

Tenant shall be solely responsible for determining and effectuating compliance with any applicable Prevailing Wage Laws, and neither the City makes any representation as to the applicability or non- applicability of the Prevailing Wage Laws to improvements (if any) made to the Parcel or any part thereof. To the extent Tenant makes public improvements in the public right of way, Tenant shall effect payment with the Prevailing Wage Laws. Tenant hereby releases from liability, and agrees to indemnify, defend, assume all responsibility for and hold the City, and its respective officers, employees, agents, members and representatives, harmless from any and all claims, demands, actions, suits, proceedings, fines, penalties, damages, expenses resulting from, arising out of, or based upon Tenant’s acts or omissions pertaining to the compliance with the Prevailing Wage Laws as to any improvements to the Parcel.

21. ENTRY AND INSPECTION
In addition to and without limitation to such rights as the City may have as a matter of law, the City reserves and shall have the right between the hours of 8:00 a.m. and 8:00 p.m., upon twenty- four (24) hours prior notice (except in cases of emergency in which case entry may be made at any time and without notice) to Tenant by the City Manager, to enter the Parcel and the Parcel 17 Improvements for the purpose of viewing and ascertaining the condition of the same, or to protect its interests in the Parcel and the Parcel Improvements or to inspect the operations conducted thereon.

This Section 21 shall be within limitation as to the rights of City acting under its police power.

22. RIGHT TO MAINTAIN
In the event that the entry or inspection by City pursuant to Section 21 hereof discloses that the Parcel or the Parcel Improvements are not in a decent, safe, and sanitary condition, City shall have the right, after thirty (30) days written notice to Tenant (except in case of emergency, in which event no notice shall be necessary), to have any necessary maintenance work done for and at the expense of Tenant and Tenant hereby agrees to pay promptly any and all costs incurred by City in having such necessary maintenance work done in order to keep the Parcel and the Parcel Improvements in a decent, safe and sanitary condition. The rights reserved in this Section 22 shall not create any obligations on City or increase obligations elsewhere in this Rental Agreement imposed on City.

23. DEFAULT AND REMEDIES

23.1 Events of Default by Tenant.The occurrence of any one (1) or more of the following shall constitute an event of default hereunder:

23.1.1 Tenant shall fail to continuously operate Conforming Business Activities on the Parcel; or

23.1.2 Tenant shall abandon or surrender the Parcel, or the Parcel Improvements; or

23.1.3 Tenant shall fail or refuse to pay, within ten (10) days of notice from City that the same is due, any installment of rent or any other sum required by this Rental Agreement to be paid by Tenant; or

23.1.4 Tenant shall fail to perform any covenant or condition of this Rental Agreement other than as set forth in subparagraphs (a) or (b) above or paragraphs (e), (h) or (i) below, and any such failure shall not be cured within thirty (30) days following the service on Tenant of a written notice from City specifying the failure complained of, or if it is not practicable to cure or remedy such failure within such thirty (30) day period, then Tenant shall not be deemed to be in default if Tenant shall commence such cure within such thirty (30) day period and thereafter diligently prosecute such cure to completion; or

23.1.5 Subject to any restrictions or limitations placed on City by applicable laws governing bankruptcy, Tenant’s (i) application for, consent to or suffering of the appointment of a receiver, trustee or liquidator for all or for a substantial portion of its assets; (ii) making a general assignment for the benefit of creditors; (iii) admitting in writing its inability to pay its debts or its willingness to be adjudged a bankrupt; (iv) becoming unable to or failing to pay its debts as they mature; (v) being adjudged a bankrupt; (vi) filing a voluntary petition or suffering an involuntary petition under any bankruptcy, arrangement, reorganization or insolvency law (unless in the case of an involuntary petition, the same is dismissed within ninety (90) days of such filing); (vii) convening 18 a meeting of its creditors or any class thereof for purposes of effecting a moratorium, extension or composition of its debts; or (viii) suffering or permitting to continue unstayed and in effect for sixty (60) consecutive days any attachment, levy, execution or seizure of all or a portion of Tenant’s assets or of Tenant’s interest in this Rental Agreement; or

23.1.6 Tenant shall conduct uses on the Parcel which are not Conforming Business Activities; in the event one or more of the foregoing shall occur, then, upon notice having been given by City and the failure to cure within thirty (30) days of such notice, such event shall constitute an event of default under this Rental Agreement.

23.2 Remedies of City.

In the event of any such default as described in Section 23.1, which default has not been timely cured, City may, at its option:

23.2.1 Correct or cause to be corrected said default and charge the costs thereof (including costs incurred by City in enforcing this provision) to the account of Tenant, which charge shall be due and payable within thirty (30) days after presentation by City of a statement of all or part of said costs;

23.2.2 Correct or cause to be corrected said default and pay the costs thereof (including costs incurred by City in enforcing this provision) from the proceeds of any insurance;

23.2.3 Exercise its right to maintain any and all actions at law or suits in equity to compel Tenant to correct or cause to be corrected said default;

23.2.4 Have a receiver appointed to take possession of Tenant’s interest in the Parcel and the Parcel Improvements, with power in said receiver to administer Tenant’s interest in the Parcel and the Parcel Improvements, to collect all funds available to Tenant in connection with its operation and maintenance of the Parcel and the Parcel Improvements; and to perform all other acts consistent with Tenant’s obligation under this Rental Agreement as the court deems proper;

23.2.5 Maintain and operate the Parcel and the Parcel Improvements, without terminating this Rental Agreement; or

23.2.6 Terminate this Rental Agreement by written notice to Tenant of its intention to do so.

23.3 Right of City in the Event of Termination of Rental Agreement. Upon termination of this Rental Agreement pursuant to Section 23.2, it shall be lawful for City to re-enter and repossess the Parcel and the Parcel Improvements and Tenant, in such event, does hereby waive any demand for possession thereof, and agrees to surrender and deliver the Parcel and the Parcel Improvements peaceably to City immediately upon such termination in good order, condition and repair, except for reasonable wear and tear. Tenant agrees that upon such termination, title to all the Parcel Improvements on the Parcel shall vest in City (or remain with City) pursuant to Section 7.2.

Even though Tenant has breached the Rental Agreement and abandoned the Parcel, this Rental Agreement shall continue in effect for so long as City does not terminate Tenant’s right to possession, 19 and City may enforce all of its right and remedies under this Rental Agreement, including, but not limited to, the right to recover the rent as it becomes due under this Rental Agreement. No ejectment, re-entry or other act by or on behalf of City shall constitute a termination unless City gives Tenant notice of termination in writing. Termination of this Rental Agreement shall not relieve or release Tenant from any obligation incurred pursuant to this Rental Agreement prior to the date of such termination. Termination of this Rental Agreement shall not relieve Tenant from the obligation to pay any sum due to City or from any claim for damages against Tenant.

23.4 Rights and Remedies are Cumulative. The remedies provided by this Section 23 are not exclusive and shall be cumulative to all other rights and remedies possessed by City. The exercise by City of one or more such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by Tenant.

24. MISCELLANEOUS

24.1 Governing Law; Interpretation. The laws of the State of California shall govern the interpretation and enforcement of this Rental Agreement. This Rental Agreement shall be reasonably interpreted in light of its purpose to provide for the operation of Conforming Business Activities on the Parcel, all as provided for herein. This Rental Agreement shall be interpreted as if jointly prepared by both parties.

24.2 Legal Actions. In addition to any other rights or remedies, either party may institute legal action to cure, correct or remedy any default, to recover damages for any default, or to obtain any other remedy consistent with the purpose of this Rental Agreement.

24.3 Acceptance of Service of Process. In the event that any legal action is commenced by Tenant against City, service of process on City shall be made by personal service upon the City Manager, or in such other manner as may be provided by law. In the event that any legal action is commenced by City against Tenant, service of process on Tenant shall be made by personal service upon Tenant or in such other manner as may be provided by law, and shall be effective whether made within or without the State of California.

24.4 Intentionally Omitted.

24.5 Interest. Any amount due City that is not paid when due shall bear interest from the date such amount becomes due until it is paid. Interest shall be at a rate equal to the lesser of (i) seven percent (7%) per annum, compounded annually, on the first day of the month such amount becomes due, and (ii) the maximum rate permitted by applicable law.

24.6 Notices. All notices, statements, demands, requests, consents, approvals, authorizations, offers, agreements, appointments or designations hereunder by either party to the other shall be in writing and shall be given either by (i) personal service, (ii) delivery by reputable document delivery service such as Federal Express that provides a receipt showing date and time of delivery, or (iii) mailing in the United States mail, certified or registered mail, return receipt requested, postage prepaid, and addressed as follows:
20 To City: City of Lancaster
44933 Fern Avenue
Lancaster, California 93534
Attention: City Manager
Copy to: Stradling Yocca Carlson & Rauth
660 Newport Center Drive, Suite 1600
Newport Beach, California 92660
Attention: Allison E. Burns
To Tenant: Clean Water Ventures, Inc.
81 Ocean State Drive
North Kingstown, Rhode Island 02852
Attention: Roy DiBenerdini
or to such other address as either party shall later designate for such purposes by written notice to the other party. Notices shall be deemed effective upon receipt provided that the party to whom notice is being given has notified the other party of its current address, and otherwise upon the earlier of personal receipt or within seven (7) days after delivery thereof to the address(es) as provided above; provided, how.ever that refusal to accept delivery after reasonable attempts thereto shall constitute receipt. Notice to either Mike Sullivan or Tenant shall be deemed to constitute notice to each of Mike Sullivan and the Tenant. Any notices attempted to be delivered to an address from which the receiving party has moved without notice to the delivering party shall be effective on the third day after the attempted delivery or deposit in the United States mail.

24.7 Time is of the Essence. Time is of the essence in the performance of the terms and conditions of this Rental Agreement.

24.8 Non-Merger of Fee and Leasehold Estates. If both City’s and Tenant’s estates in the Parcel or·the Parcel Improvements or both become vested in the same owner, this Rental Agreement shall nevertheless not be destroyed by application of the doctrine of merger except at the express election of City. The voluntary or other surrender of this Rental Agreement by Tenant, or a mutual cancellation thereof, shall not work as a merger and shall, at the option of City, terminate all or any existing sublease or subtenancies or may, at the option of City, operate as an assignment to City of any or all such existing subleases or subtenancies.

24.9 Holding Over. The occupancy of the Parcel after the expiration of the Term of this Rental Agreement shall be construed to be a tenancy from month to month at a fair market rent to be established by the City Manager at his discretion upon consultation with the Tenant (and which shall be not less than $300 per day), and all other terms and conditions of this Rental Agreement shall continue in full force and effect.

24.10 Conflict of Interest. No member, official or employee of City shall have any personal interest, direct or indirect, in this Rental Agreement nor shall any such member, official or 21 employee participate in any decision relating to the Rental Agreement which affects his personal interests or the interests of any limited partnership, partnership or association in which he is directly or indirectly interested. Tenant warrants that it has not paid or given, and will not pay or give, any third party any money or other consideration for obtaining this Rental Agreement.

24.11 Non-Liability of City Officials and Employees. No member, official, officer, employee, agent, member, or representative of City shall be personally liable to Tenant, or any successor in interest, in the event of any default or breach by City or for any amount which may become due to Tenant or successor or on any obligations under the terms of this Rental Agreement.

24.12 Relationship. The relationship between the parties hereto shall at all times be deemed to be that of landlord and tenant. The parties do not intend, nor shall this Rental Agreement be deemed, to create a partnership or joint venture.

24.13 Waivers and Amendments. All waivers of the provisions of this Rental Agreement must be in writing and signed by the appropriate authorities of City or Tenant. The waiver by City of any breach of any term, covenant, or condition herein contained shall not be deemed to be a waiver of such term, covenant or condition, or any subsequent breach of the same or any other term, covenant or condition herein contained. The subsequent acceptance of rent hereunder by City shall not be deemed to be a waiver of any preceding breach of Tenant of any term, covenant or condition of this Rental Agreement, regardless of City’s knowledge of such preceding breach at the time of acceptance of such rent. Failure on the part of City to require or exact full and complete compliance with any of the covenants or conditions of this Rental Agreement shall not be construed as in any manner changing the terms hereof and shall not prevent City from enforcing any provision hereof.

All amendments or modifications hereto must be in writing and signed by the appropriate authorities of City and Tenant.

24.14 Entire Agreement; Duplicate Originals; Counterparts. This Rental Agreement sets forth the entire understanding of the parties with respect to Tenant’s ground lease of the Parcel. This Rental Agreement is executed in three (3) duplicate originals and counterparts, each of which is deemed to be an original. Exhibits to this Rental Agreement are incorporated by reference herein. Neither this Rental Agreement nor any memorandum with respect thereto shall be recorded among the official records of the County Recorder of the County.

24.15 Severability. If any provision of this Rental Agreement or the application thereof to any person or circumstances shall be invalid or unenforceable to any extent, the remainder of this Rental Agreement and the application of such provisions to other persons or circumstances shall not be affected thereby and shall be enforceable to the greatest extent permitted by law.

24.16 Terminology. All personal pronouns used in this Rental Agreement, whether used in the masculine, feminine, or neuter gender, shall include all other genders; the singular shall include the plural, and vice versa. Titles of sections are for convenience only and neither limit nor amplify the provisions of the Rental Agreement.
22 24.17 Binding Effect. This Rental Agreement, and the terms, provisions, promises, covenants and conditions hereof, shall be binding upon and shall inure to the benefit of the parties hereto and their respective heirs, legal representatives, successors and assigns.

24.18 Force Majeure. The time within which City or Tenant is obligated herein to perform any obligation hereunder, other than an obligation that may be performed by the payment of money, shall be extended and the performance excused when the delay is caused by fire, earthquake or other acts of God, strike, lockout, acts of public enemy, acts of terrorism, riot, insurrection or other cause beyond the control of the applicable party; provided that in no event shall the receipt of Official Disapproval, or any activity associated therewith or arising therefrom, constitute grounds to excuse delay under this Section 24.19. This Section 24.19 shall not, under any circumstances, extend the Term.

24.19 Quiet Enjoyment. City does hereby covenant, promise and agree to and with Tenant that Tenant, for so long as Tenant is not in default hereof, shall and may at all times peaceably and quietly have, hold, use, occupy and possess the Parcel throughout the Term.

24.20 City Approvals and Actions. Whenever a reference is made herein to an action or approval to be undertaken by City, the City Manager or his or her designee is authorized to act on behalf of City unless specifically provided otherwise or the law otherwise requires.

24.21 No Third Parties Benefited. This Rental Agreement is made for the purpose of setting forth rights and obligations of Tenant and City; no other person shall have any rights hereunder or by reason hereof.
[Signatures begin on next page.]
23 IN WITNESS WHEREOF, the parties hereto have caused this Rental Agreement to be executed by their lawfully authorized officers.

CITY:

CITY OF LANCASTER,
a California municipal corporation and charter city
By: _____________________________
Name: _____________________________
Its: _____________________________
ATTEST:
______________________________
City Clerk
APPROVED AS TO FORM:
______________________________
City Attorney
TENANT:

CLEAN WATER VENTURES, INC.,
a Nevada corporation
By: _____________________________
Name: _____________________________
Its: _____________________________

EXHIBIT A

SITE MAP
Assessor’s Parcel Numbers: 3137-015-900, -901, and -902 totaling 5.15 ± acres in size.

EXHIBIT B

PARCEL LEGAL DESCRIPTION
Parcel 1: 3137-015-900
The following described real property in the County of Los Angeles, State of California:

The northeast quarter of the southeast quarter of the southeast quarter of the southeast quarter, Section 10, Township 7 North, Range 12 West, San Bernardino Meridian, according to the plat of the survey of said land on file in the office of the Bureau of Land Management, filed June 19, 1856.

Except the southerly 100 feet.

Parcel 2: 3173-015-902
The following described real property in the County of Los Angeles, State of California:

The south 65 feet the southeast quarter of the northeast quarter of the southeast quarter of the southeast quarter of Section 10, Township 7 North, Range 12 West, San Bernardino Meridian, in the City of Lancaster, County of Los Angeles, State of California, according to the official plat of the survey of said land on file in the Bureau of Land Management.

Except the east 20 feet of said land.

Parcel 3: 3137-015-901
The following described real property in the County of Los Angeles, State of California:

The southwest quarter of the northeast quarter of the southeast quarter of the southeast quarter of Section 10, Township 7 North, Range 12 West, San Bernardino Meridian, in the City of Lancaster, County of Los Angeles, State of California, according to the official plat of said land.

Also including the North 50 feet of the South 115 feet of the southeast quarter of the northeast quarter of the southeast quarter of the southeast quarter of Section 10, Township 7 North, Range 12 West, San Bernardino Meridian, in the City of Lancaster, County of Los Angeles, State of California, according to the official plat of said land.

Except the east 20 feet thereof.

Also including the northerly 50 feet of the southerly 165 feet of the southeast quarter of the northeast quarter of the southeast quarter of the southeast quarter of Section 10, Township 7 North, Range 12 West, San Bernardino Meridian, in the City of Lancaster, County of Los Angeles, State of California, according to the official plat of said land.

STAFF REPORT
City of Lancaster
CC 16
12/12/2023
JC
Date: December 12, 2023
To: Mayor Parris and City Council Members
From:Marissa Diaz, Director - Public Works
Michael Harne, Assistant Director – Maintenance Services Subject: Award of Project: 2023 Roofing Improvements – City of Lancaster AT Building Recommendations:

1. Award 2023 Roofing Improvements – City of Lancaster AT Building to Best Contracting Services, Inc., of the City of Gardena, California, in the amount of $199,101.41, base quote, plus a 15% contingency, to remove and replace the roof of the AT Building at the City of Lancaster Public Works Maintenance Yard.

2. Authorize the City Manager, or his designee, to sign all documents.

Fiscal Impact:
$228,966.62 (including 15% contingency) to be awarded; sufficient funds are available in Account Number CP11BS041.CONST.41349900.

Background:

City staff identified the critical need for immediate attention and subsequent repair of the roofing system of the AT Crew Building at the City of Lancaster maintenance yard. The roof's current state presents a significant risk of moisture ingress, resulting in mold proliferation within the structure. Furthermore, this persistent issue threatens the building's integrity, potentially leading to severe structural damage if left unattended.

Omnia/National IPA Contract awarded Tremco Roofing & Building Maintenance contract number R180903. Through this contract, the City could utilize Omnia's National Cooperative Contractor Network Program to select Best Contracting Services, Inc., to procure and install Tremco Roofing materials. The Cooperative Contractor Network Program is designed to streamline construction projects while ensuring transparency and quality. In-network contractors are prequalified and follow the competitive pricing offered through the Tremco Roofing contract. All procurement documents and procedures meet all State and City requirements for competitive procurement.

Therefore, we request that the Council approve this contract award. 1 4
5 9
HA:sm
Attachment:

Agreement
- 1 -
Maintenance Services Agreement; December 2018

AGREEMENT FOR MAINTENANCE SERVICES

THIS AGREEMENT FOR MAINTENAN CE SERVICES is made and entered into this 14th day of December, 2023 by and between the CITY OF LANCASTER, a municipal corporation and charter city, (“City”), and BEST CONTRACTI NG SERVICES, INC., a California Corporation (“Contractor”) ( collectively, sometimes referred to hereinafter as the “Parties”).

RECITALS

WHEREAS, the City desires to engage Contract or to perform certain services, as provided herein, identified as:

2023 Roofing Improvements – City Of Lancaster AT Building (THE “SERVICES”)

WHEREAS, the principal members of Contractor are qualified and duly registered/licensed under the laws of the State of California, and Contractor desires to accept such engagement;

NOW, THEREFORE, the parties agree as follows:

1. Parties to the Agreement.

The parties to this Agreement are:

A. CITY: CITY OF LANCASTER

B. CONTRACTOR: BEST CONTRACTING SERVICES, INC.

2. Notices. All written notices required by or related to this Agreement shall be sent by Certified Mail, Return Receipt Requested, postage prepaid and addressed as listed below. Neither party to this Agreement shall refuse to accept such mail; parties to this Agreement shall promptly inform the other party of any changes of address. All notices required by this Agreement are effective on the day of receipt, unless otherwise indicated herein.

CITY City of Lancaster
Attn: Jason Caudle, City Manager
44933 North Fern Avenue
Lancaster, California 93534

CONTRACTOR BEST CONTRACTING SERVICES, INC.

Attn: Kayhan Fatemi, Executive Vice President
19027 S. Hamilton Avenue
Gardena, CA 90248

3. Successors and Assigns. The terms hereof shall be binding upon and inure to the benefit of the successors and assigns of the parties hereto; provi ded, however, that no pa rty hereto shall assign any of the benefits and burdens hereunder, whether voluntarily or by operation of law, without prior written consent of the other party, and any such assignments without said consent shall be void. - 2 -
Maintenance Services Agreement; December 2018

4. Description of Work. The City hereby engages Contractor, and Contractor accepts such engagement, to perform the technical and professional services set forth in the “Scope Of Work", attached hereto as Exhibit “A” and incorporated herein by reference. Contractor shall perform and complete, in a manner satisfactory to the City, all work and servic es set forth in Exhibit “A.” The City Manager or his designee shall have the right to review and inspect the work during the course of its performance at such times as may be specified by the City Manager, or his designee.

5. Obligations of the City.

A. The City shall pay Contractor an amount not to exceed $228,966.62 for all work necessary to complete the Services, as described in the Payment Schedule. Payments shall be due within thirty (30) days following submittal of an invoice detailing the services performed, as set forth in Exhibit “B”.

B. No payment made hereunder by the City to Contractor, other than the final payment, shall be construed as an acceptance by the City of any work or materials, nor as evidence of satisfactory performance by Contractor of its obligations under this Agreement.

6. Obligations of the Contractor.

A. Contractor shall perform as required by th is Agreement and in accordance with the Scope Of Work set forth in Exhibit A.

B. Contractor shall be responsible for payment of all employees’ wages and benefits, and shall comply with all require ments pertaining to employer’s lia bility, workers’ compensation, unemployment insurance, and Social Security.

C. Contractor shall not subcontract any of the work required to perform the Services without the express prior written approval of the City.

7. Hold Harmless and Indemnification. Contractor agrees to indemnify and hold harmless the City, its elected officials, officers and employ ees, from and against any a nd all third party claims, losses, obligations, or liabilities whatsoever, including reasonable attorney’s fees, incurred to the extent arising out of or related to Contractor’s negligent or willful wrongful acts, errors or omissions, or those of its employees or agents. Contractor agrees to defend the City, its officers and employees, using counsel of the City’s choosing, from and against any and all cl aims covered by the inde mnity in the preceding sentence.

8. Amendments. Any amendment, modifi cation, or variation fro m the terms of this Agreement shall be in writing and sh all be effective only upon mutual written a pproval by the City and Contractor.

9. Non-Discrimination and Equal Employment Opportunity.

A. In the performance of this Agreement, Contractor shall not discriminate against any employee, subcontractor, or applicant for employment because of race, color, religi on, ancestry, sex, national origin, physical or mental disability or age. Contractor will take affirmativ e action to ensure - 3 -
Maintenance Services Agreement; December 2018

that subcontractors and applicants are employed, and that employees are treated during employment without regard to their race, color, religion, ancestry, sex, national origin, physical or mental disability or age. Affirmative action relating to employment shal l include, but not be limited to the following:
employment, upgrading, demotion or tr ansfer; recruitment; layoff or ter mination; rates of pay or other forms of compensation; and selection for training including apprenticeship.

B. The provisions of subsection A above sha ll be included in all solicitations or advertisements placed by or on behalf of Contractor for personnel to perform any services under this Agreement. The City shall have access to all docum ents, data and records of Contractor and its subcontractors for purposes of determining compliance with the equal employment opportunity and non- discrimination provisions of this Section.

10. Term; Effective Date. This Agreement shall become effective and shall be in full force and effect upon the execution of the Agreement by the City and the Contractor. This Agreement shall continue in full force and effect for Twelve (12) months, unless the Agreement is sooner terminated in accordance with this Agreement; provided, however, that the City and the Contractor may mutually agree in writing to extend the Term of this Agreement.

11. Termination.

A. For Convenience. The City may terminate this Agreement at any time without cause by giving thirty (30) days written notice to the other party of such termination and specifying the effective date thereof. In the event of termination of this Ag reement, Contractor will be paid for work completed through the date of termination within thirty (30) days following submittal of a final invoice.

B. For Cause. If Contractor fails to perform the services called for by this Agreement or so fails to make progress as to endanger perform ance of this Agreement in accordance with its terms, Contractor shall correct such failure within ten (10) days (or such longer period that the City may authorize in writing) after receipt of notice from the City specifying such failure. Should the failure not be corrected within this time period, the C ity may immediately terminate the Agreement by written notice to Contractor.

C. In the event of termination, whether for convenience or cause , reports, plans, studies and other documents (collect ively, “documents”) related to the Services shall become the City’s property. Contractor shall provide all documents to the City that have not yet been within ten (10) calendar days after termination of the Agreement.

12. Independent Contractor. Contractor is an independent Contractor and shall have no power or authority to incur any debt, obligation or liability on behalf of the City. It is expressly understood between the Parties to this Agreement that no employee/employer relationship is intended.

13. Insurance.

A. The Contractor, at its expense, shall mainta in in effect at all times during the term of this Agreement the following coverage and limits of insurance, which shall be maintained with insurers listed “A-, VIII” or better in the Best’s Key Rating Guide:
- 4 -
Maintenance Services Agreement; December 2018

Commercial General Liability
Each Occurrence $5,000,000
Per Project General Aggregate $10,000,000
Including Products/Completed Operations; Contractual Liability/Independent Contractors; Property Damage
(Coverage shall be at le ast as broad as ISO form CG2010 11/85 or CG2010 07/04 and CG2037 07/04 combined, or an equivalent providing ongoing and completed operations)

Commercial Automobile Liability
Combined Single Limit per Accident for

Bodily Injury and Property Damage $10,000,000
(Coverage shall be at least as broad as ISO form CA00 01) Workers Compensation
As Required by the State of California

Statutory Limits
Employers’ Liability
Each Accident

$1,000,000
Bodily Injury by Disease $1,000,000
Each Employee $1,000,000
(A Waiver of Subrogation must be provided on behalf of the Certificate Holder for the Workers Compensation & Employers’ Liability policies)

B. The Contractor’s insurance shall apply se parately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insured’s liability.

C. Any deductibles or self-insurance retentions must be declared and approved by the City. At the City’s option, either the insurer sh all reduce or eliminate such deductibles or self-insured retentions as respects the City insured entitie s or the insurer shall proc ure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses.

D. All insurance shall be primary and non-cont ributory as respects the City insured entities. Any insurance or self-insurance maintained by the City insured entities shall be in excess of the Contractor’s insurance and shall not contribute with it.

E. Contractor shall furnish the City with Cer tificates of Insurance and with original endorsements effecting coverage requi red by this Agreement. Certificates of Insurance shall meet the following requirements:

(1) Show that the insurance policy has been endorsed to state that coverage shall not be suspended, voided, cancelle d, reduced in coverage or in limits except after 30 days’ prior written notice (10 days’ written notice for non-payment) to the City of Lancaster.

(2) List in the “Descriptions of Operations/Locations/Vehicles” section:
“2023 Roofing Improvements – City Of Lancaster AT Building” - 5 -
Maintenance Services Agreement; December 2018

The City of Lancaster, its elected official s, officers, employees and volunteers are included as additional covered parties, but only insofar as the operations under this contract are concerned.”

(3) List in the “Certificate Holder” section:

The City of Lancaster, 44933 Fern Avenue, Lancaster, California 93534.

14. Ownership of Documents . All plans, specifications, re ports, studies, maps and other documents prepared or obtained by C ontractor in the course of performing the work and are required by this Agreement to be delivered to the City shall be the property of the City. Basic sketches, charts, computations and similar data prepared or obtai ned by Contractor under this Agreement shall, upon request, be made available to City without restriction or limitation on their use.

15. Data Provided to Contractor. City shall provide to Contractor, without charge, all data, including reports, records, maps and other information, now in the City’s possession which may facilitate the timely performance of the work described in Exhibit A.

16. Contractor’s Warranties and Representations.

Contractor warrants and represents to City as follows:

A. Contractor has not employed or retained any person or entity, other than a bona fide employee working exclusively for Contractor, to solicit or obtain this Agreement.

B. Contractor has not paid or agreed to pay any person or entity, other than a bona fide employee working exclusively for Contractor, any fee, commission, percentage, gift, or any other consideration contingent upon or re sulting from the execution of this Agreement. Upon any breach or violation of this warranty, City shall have the right, in its sole discretion, to terminate this Agreement without further liability, or, in the alternative, to deduct from any sums payable hereunder the full amount or value of any such fee, commission, percentage or gift.

C. Contractor has no knowledge that any officer or employee of the City has any interest, whether contractual, noncontractual, financial, proprietary, or otherwise, in this transaction or in the business of the Contractor, and that if any such interest comes to the knowledge of Contractor at any time, a complete written disclosure of such interest wi ll be made to City, even if such interest would not be deemed a prohibited “conflict of interest” under applicable laws.

D. Upon the execution of this Agreement, Contractor has no interest, direct or indirect, in any transaction or business entity which would conflict with or in any manner hinder the performance of services and work required by this Agreement, nor shall any such interest be acquired during the term of this Agreement.

- 6 -
Maintenance Services Agreement; December 2018

17. Resolution of Disputes.

A. Disputes regarding the interpretation or application of any provisions of this Agreement shall, to the extent r easonably feasible, be resolved through good faith negotiations between the parties.

B. If the parties cannot resolve the dispute through good faith negotiations, either party may give Notice of Dispute to the other party. The Noti ce of Dispute shall state the nature of the dispute and the corrective action necessary to remedy the dispute.

After Notice of Dispute, the parties sha ll first attempt to resolve any disputes by mediation. The parties sha ll agree on a single mediator . Mediation shall be conducted in Lancaster, California. Each party shall pay its own attorneys’ fees an d the costs of mediation shall be split equally between the parties.

If the dispute has not been resolved by me diation within 45 days after Notice of Dispute, or the parties are unable to agree to a mediator, within 15 days after Notice of Dispute, then, the dispute may, upon agreement of the parties be resolved by binding arbitration.

C. If any action at law or in equity is brought to enforce or interpret any provisions of this Agreement, the prevailing party in such action shall be entitled to reasonable attorney’s fees, cost and necessary disbursements, in addition to such other relief as may be sought and awarded.

18. Exhibits.

The following exhibits to which reference is made in this Agreement are deemed incorporated herein in their entirety:

Exhibit “A” Scope Of Work

19. Governing Law.

This Agreement shall be governed by the laws of the State of California.

[Signatures begin on following page]
- 7 -
Maintenance Services Agreement; December 2018

IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed and attested by their respective officers thereunto duly authorized.

CITY OF LANCASTER

LANCASTER, CALIFORNIA

By:

Jason Caudle, City Manager

Contractor: BEST CONTRACTING SERVICES, INC.

By:

Kayhan Fatemi, Executive Vice President

ATTEST:

Andrea Alexander, City Clerk

APPROVED AS TO FORM:

Allison E. Burns Esq., City Attorney

CONTRACT SUBMISSION APPROVAL:

__________________________________________
Marissa Diaz, Director – Public Works
Insurance Approved
City of Lancaster Date of Issue (10/2023)
AT Building
075416 - Page 1 of 24

KETONE ETHYLENE ESTER (KEE) ROOFING
SECTION 075416 - KETONE ETHYLENE ESTER (KEE) ROOFING
PART 1 - GENERAL

1.1 SUMMARY
A. Section Includes:

1. Removal of existing roof and wall systems down to decking.

2. Mechanically-fastened thermoplastic KEE roofing system on wood deck, including:

3. Roof insulation.

4. Roof insulation cover board.

5. New Coping & New Wood Nailer

6. Walkway material.

B. Unit Prices: Wood deck repair; per 4x8 sheet of plywood installed .

1.2 DEFINITIONS
A. Roofing Terminology: Refer to ASTM D1079 "Standard Terminology Relating to Roofing and Waterproofing" and glossary in applicable edition of NRCA's "The NRCA Roofing Manual:

Membrane Roof Systems" for definition of terms related to roofing work in this Section.

1.3 PREINSTALLATION MEETINGS
A. Preinstallation Roofing Conference: Conduct conference at Project site.

1. Meet with Owner, Owner's Consultant, Owner's insurer if applicable, testing and inspecting agency representative, roofing Installer, roofing system manufacturer' s representative, and installers whose work interfaces with or affects roofing, including in
stallers of roof accessories and roof-mounted equipment.

2. Review drawings and specifications.

3. Review methods and procedures related to roofing installation, including manufacturer's written instructions.

4. Review and finalize construction schedule and verify availability of materials, Installer's personnel, equipment, and facilities needed to make progress and avoid delays.

5. Examine substrate conditions and finishes for compliance with requirements, including flatness and fastening.

Exhibit A
City of Lancaster Date of Issue (10/2023) AT Building
075416 - Page 2 of 24 KETONE ETHYLENE ESTER (KEE) ROOFING

6. Review structural loading limitations of roof deck during and after roofing. 7. Review base flashings, special roofing details, roof drainage, roof penetrations, equipment curbs, and condition of other construction that will affect roofing system. 8. Review governing regulations and requirements for insurance and certificates if applicable. 9. Review temporary protection requirements for roofing system during and after installation. 10. Review roof observation and repair procedures after roofing installation. 1.4 ACTION SUBMITTALS A. Product Data: For each type of product indicated. B. Wind Uplift Resistance Submittal: For roofing system, indicating compliance with wind uplift performance requirements. 1.5 INFORMATIONAL SUBMITTALS A. Contractor's Product Certificate: Submit certificate, indicating products intended for Work of this Section, including product names and numbers and manufacturers' names, with statement indicating that products to be provided meet the requirements of the Contract Documents. B. Manufacturer Certificates: Signed by roofing manufacturer certifying that roofing system complies with requirements specified in "Performance Requirements" Article. 1. Submit evidence of compliance with performance requirements. a. Include: UL listing certificate. 2. Product Compatibility: Indicate manufacturer has verified compatibility of roofing system components, including but not limited to: Roofing membrane, flashing sheets, adhesives, and sealants. C. Warranties: Unexecuted sample copies of special warranties. 1.6 CLOSEOUT SUBMITTALS A. Executed copies of warranties. B. Maintenance Data: To include in maintenance manuals. 1.7 QUALITY ASSURANCE A. Installer Qualifications: An employer of workers trained and certified by manufacturer, including a full-time on-site supervisor with a minimum of five years' experience installing products comparable to those specified, able to communicate verbally with Contractor, Owner's City of Lancaster Date of Issue (10/2023) AT Building
075416 - Page 3 of 24 KETONE ETHYLENE ESTER (KEE) ROOFING Consultant, and employees, and qualified by the manufacturer to install manufacturer's product and furnish warranty of type specified. B. Manufacturer Qualifications: Approved manufacturer listed in this Section, UL listed for roofing systems comparable to that specified for this Project, with minimum five years' experience in manufacture of thermoplastic roof membrane products in successful use in similar applications. C. Roofing Inspector Qualifications: A technical representative of manufacturer and experienced in the installation and maintenance of the specified roofing system, qualified to perform roofing observation and inspection specified in Field Quality Control Article, to determine Installer's compliance with the requirements of this Project, and approved by the manufacturer to issue warranty certification. The Roofing Inspector shall be one of the following: 1. An authorized full-time technical employee of the manufacturer. D. Manufacturer's Installation Instructions: Obtain and maintain on-site access to manufacturer's written recommendations and instructions for installation of products. 1.8 DELIVERY, STORAGE, AND HANDLING A. Deliver roofing materials to Project site in original containers with seals unbroken and labeled with manufacturer's name, product brand name and type, date of manufacture, approval or listing agency markings, and directions for storing and mixing with other components. B. Store liquid materials in their original undamaged containers in a clean, dry, protected location and within the temperature range required by roofing system manufacturer. Protect stored liquid material from direct sunlight. 1. Discard and legally dispose of liquid material that cannot be applied within its stated shelf life. C. Protect roof insulation materials from physical damage and from deterioration by sunlight, moisture, soiling, and other sources. Store in a dry location. Comply with insulation manufacturer's written instructions for handling, storing, and protecting during installation. D. Handle and store roofing materials and place equipment in a manner to avoid permanent deflection of deck. 1.9 PROJECT / FIELD CONDITIONS A. Weather Limitations: Proceed with installation only when existing and forecasted weather conditions permit roofing system to be installed according to manufacturer's written instructions and warranty requirements. B. Daily Protection: Coordinate installation of roofing so insulation and other components of roofing system not permanently exposed are not subjected to precipitation or left uncovered at the end of the workday or when rain is forecast.

City of Lancaster Date of Issue (10/2023) AT Building
075416 - Page 4 of 24 KETONE ETHYLENE ESTER (KEE) ROOFING

1. Provide tie-offs at end of each day's work to cover exposed roofing and insulation with a course of roofing sheet securely in place with joints and edges sealed. 2. Complete terminations and base flashings and provide temporary seals to prevent water from entering completed sections of roofing. 3. Remove temporary plugs from roof drains at end of each day. 4. Remove and discard temporary seals before beginning work on adjoining roofing. 1.10 WARRANTY A. Manufacturer's Warranty: Roof System Manufacturer's standard form in which Manufacturer agrees to repair or replace components of roofing system that fail in materials or workmanship within warranty period, as follows. 1. Form of Warranty: Manufacturer's standard warranty form. 2. Scope of Warranty: Work of this Section and including sheet metal details and termination details installed by the roof system Installer and approved by the Roof System Manufacturer. 3. Warranty Period: 20 years from date of completion. B. Manufacturer Inspection Services: By manufacturer's technical representative, to report maintenance responsibilities to Owner necessary for preservation of Owner's warranty rights. The cost of manufacturer's inspections is included in the Contract Sum. 1. Inspections to occur in following years: 2, 5, 10, 15 following completion. C. Installer Warranty: Installer's warranty signed by Installer, as follows. 1. Form of Warranty: Form acceptable to Roofing Manufacturer and Owner. 2. Scope of Warranty: Work of this Section. 3. Warranty Period: 2 years from date of completion. PART 2 - PRODUCTS 2.1 MANUFACTURERS A. Basis of Design: The roof system specified in this Section is based upon products of Tremco CPG Inc, Beachwood, OH, (800) 562-2728, www.tremcoroofing.com that are named in other Part 2 articles. Provide specified products. 2.2 PERFORMANCE REQUIREMENTS A. General Performance: Installed membrane roofing and base flashings shall withstand specified uplift pressures, thermally induced movement, and exposure to weather without failure due to City of Lancaster Date of Issue (10/2023) AT Building
075416 - Page 5 of 24 KETONE ETHYLENE ESTER (KEE) ROOFING defective manufacture, fabrication, installation, or other defects in construction. Membrane roofing and base flashings shall remain watertight. 1. Accelerated Weathering: Roofing system shall withstand 10,000 hours of exposure when tested according to ASTM G152, ASTM G154, or ASTM G155. B. Flashings and Fastening: Provide base flashings, perimeter flashings, detail flashings and component materials and installation techniques that comply with requirements and recommendations of the following: 1. FM Global 1-49: Loss Prevention Data Sheet for Perimeter Flashings. 2. FM Global 1-29: Loss Prevention Data Sheet for Above Deck Roof Components. 3. NRCA Roofing Manual (Sixth Edition) for construction details and recommendations. 4. SMACNA Architectural Sheet Metal Manual (Seventh Edition) for construction details. C. Exterior Fire-Test Exposure: ASTM E108, Class A; for application and roof slopes indicated, as determined by testing identical membrane roofing materials by a qualified testing agency. Materials shall be identified with appropriate markings of applicable testing agency. 2.3 MATERIALS, GENERAL A. Material Compatibility: Roofing materials shall be compatible with one another and adjacent materials under conditions of service and application required, as demonstrated by roof membrane manufacturer based on testing and field experience. 2.4 THERMOPLASTIC MEMBRANE MATERIALS A. KEE Roof Membrane: 1. Thermoplastic Ketone Ethylene Ester (KEE) coated polyester fabric-reinforced sheet, ASTM D6754. a. Basis of design product: Tremco, TremPly KEE Single Ply Roof Membrane. b. Breaking Strength, minimum, ASTM D751: Machine direction, 500 lbf (87 kN/m); Cross machine direction, 400 lbf (70 kN/m). c. Tear Strength, minimum, ASTM D751: Machine direction,125 lbf (21 kN/m); Cross machine direction, 145 lbf (25 kN/m). d. Elongation at Break, ASTM D751: 20 percent. e. Dynamic Impact/Puncture Resistance, ASTM D5635: Pass. f. Minimum Membrane Thickness, nominal, less backing, ASTM D751: 45 mils g. Thickness over fiber, optical method: 0.014 inches.

City of Lancaster Date of Issue (10/2023) AT Building
075416 - Page 6 of 24 KETONE ETHYLENE ESTER (KEE) ROOFING h. Accelerated Weathering, ASTM G155 and ASTM G154: Not greater than 5,000 hr., no cracking or crazing. i. Abrasion Resistance, ASTM D3389: Not greater than 2,000 cycles, H-18 wheel, 1,000 g load. j. Color: White. k. Solar Reflectance Index (SRI), ASTM E1980: 110 (White, initial), 86 (White, 3-yr aged). B. Sheet Flashing: Manufacturer's standard, smooth-backed, sheet flashing of same material, type, reinforcement, thickness and color as KEE roof membrane. 2.5 AUXILIARY ROOFING MATERIALS A. General: Auxiliary membrane roofing materials recommended by roofing system manufacturer for intended use, and compatible with membrane roofing. 1. Liquid-type auxiliary materials shall comply with VOC limits of authorities having jurisdiction. 2. Adhesives and sealants that are not on the exterior side of weather barrier shall comply with the testing and product requirements of the California Department of Public Health's (formerly, the California Department of Health Services') "Standard Method for the Testing and Evaluation of Volatile Organic Chemical Emissions from Indoor Sources Using Environmental Chambers." B. Flashing Membrane Adhesive: 1. Bonding adhesive, solvent based fast drying, VOC-compliant, for bonding KEE smooth-backed single ply membranes and flashings to substrates. a. Basis of design product: Tremco, TremPly KEE LV Bonding Adhesive. b. VOC, maximum, ASTM D 3960: 200 g/L. C. Metal Termination Bars: Manufacturer's standard, predrilled stainless-steel or aluminum bars, approximately 1 by 1/8 inch (25 mm by 3 mm) thick; with anchors. D. Fasteners: Factory-coated steel fasteners and metal or plastic plates complying with corrosion-resistance provisions in FM Approvals 4470, designed for fastening components to substrate, and acceptable to membrane roofing system manufacturer. E. Prefabricated Pipe Flashings: As recommended by roof membrane manufacturer. F. Gutters & Downspouts: 1. Use 24ga Galvanized; soldiered joints or equitant Extruded Aluminum. 2. Color and style to be selected by Owner from standard color charts City of Lancaster Date of Issue (10/2023) AT Building
075416 - Page 7 of 24 KETONE ETHYLENE ESTER (KEE) ROOFING A. Edge metal: TPA Coated Clad Metal for edge metal and other flashing connections where the membrane is attached directly to the metal. 1. 24 gauge (min) galvanized G90 and pre-coated with TPA membrane attached at the fac-tory. 2. Minimum Face 3” B. Miscellaneous Accessories: Provide pourable sealers, preformed cone and vent sheet flashings, preformed inside and outside corner sheet flashings, T-joint covers, lap sealants, termination reglets, and other accessories. 2.6 ROOF INSULATION MATERIALS A. General: Preformed roof insulation boards manufactured or approved by roofing manufacturer, selected from insulation manufacturer's standard sizes, suitable for application, and of thicknesses indicated. 1. Provide preformed saddles, crickets, tapered edge strips, and other insulation shapes where indicated for sloping to drain. Fabricate to slopes indicated, not less than two times the roof slope. B. Roof Insulation: Provide roof insulation product in thicknesses indicated in Part 3 as follows: 1. Board Insulation, Polyisocyanurate: CFC- and HCFC- free, with recycled content glass-fiber mat facer on both major surfaces, ASTM C1289 Type II Class 1. a. Basis of design product: Tremco, Trisotech Insulation. b. Compressive Strength, ASTM D1621: Grade 2: 20 psi (138 kPa). c. Conditioned Thermal Resistance at 75 deg. F (24 deg. C): 14.4 at 2.5 inches (50.8 mm) thick. d. Thickness: R10 2.7 ROOF INSULATION ACCESSORIES A. Cover Board: 1. Gypsum panel, glass-mat-faced, primed, ASTM C1177/C1177M. a. Basis of design product: Tremco/GP Gypsum DensDeck b. Thickness: 1/4 inch B. Insulation Cant Strips: ASTM C 208, Type II, Grade 1, cellulosic-fiber insulation board. C. Tapered Edge Strips: ASTM C 208, Type II, Grade 1, cellulosic-fiber insulation board.

City of Lancaster Date of Issue (10/2023) AT Building
075416 - Page 8 of 24 KETONE ETHYLENE ESTER (KEE) ROOFING D. Insulation Fasteners: Factory-coated steel fasteners and metal or plastic plates complying with corrosion-resistance provisions in FM Approvals 4470, designed for fastening roof insulation and cover boards to substrate, and acceptable to roofing system manufacturer. 2.8 METAL COPINGS A. Metal Coping, Basis of design product: Tremco Flat Stock 1. Coping system, 24 gauge Kynar 500 (70% minimum) finished. Continuous cleats on outside, fasteners with EPDM washers, fasten on inside face. Provide tight fitting cover plates at all joints. No fastener shall penetrate the top of the coping cap. COPING MUST SLOPE INWARD TO ROOF, unless otherwise directed by owner. 2. Coping system must be included in warranty coverage and meet all F.M. wind uplift requirements. 2.9 WALKWAY MATERIALS A. Walkway / Protection Mat Material: 1. Walkway roll, reinforced PVC/TPA membrane roll with serrated slip-resistant surface, fabricated for heat welding to compatible PVC/TPA membrane surface. a. Basis of design product: Tremco, TPA Walkway Roll. b. Roll Size: 36 inches by 60 foot (914 mm by 18.3 m). c. Thickness / Color: Gray, 0.072 inch (2 mm). d. Tensile, Grab ASTM D751: 200 lbf (890 N). e. Tear Strength, Tongue : 45 lbf (200N). f. Low Temp Flex: -40 deg F. (-40 deg C.). PART 3 - EXECUTION 3.1 EXAMINATION A. Examine substrates, areas, and conditions, with Installer present, for compliance with the following requirements and other conditions affecting performance of roofing system: 1. Verify that roof openings and penetrations are in place and curbs are set and braced and that roof drain bodies are securely clamped in place. 2. Existing Prepared Roof Substrate: Verify that existing insulation and substrate is sound and dry. Refer to requirements of Division 07 Section "Preparation for Re-Roofing." City of Lancaster Date of Issue (10/2023) AT Building
075416 - Page 9 of 24 KETONE ETHYLENE ESTER (KEE) ROOFING

3. Wood Roof Deck: Verify that deck is sound and dry and securely fastened with no projecting fasteners and with no adjacent units in excess of 1/16 inch (1.6 mm) out of plane relative to adjoining deck. B. Proceed with installation only after unsatisfactory conditions have been corrected. 3.2 PREPARATION A. Clean substrate of dust, debris, moisture, and other substances detrimental to roofing installation according to roofing system manufacturer's written instructions. Remove sharp projections. B. Prevent materials from entering and clogging roof drains and conductors and from spilling or migrating onto surfaces of other construction. Remove roof-drain plugs when no work is taking place or when rain is forecast. C. Complete terminations and base flashings and provide temporary seals to prevent water from entering completed sections of roofing system at the end of the workday or when rain is forecast. Remove and discard temporary seals before beginning work on adjoining roofing. 3.3 INSTALLATION, GENERAL A. Install roofing system in accordance with manufacturer’s written instructions and approved details. B. Install wood cants, blocking, curbs, and nailers in accordance with requirements of Division 06 Section "Miscellaneous Rough Carpentry." C. NRCA Installation Details: Install roofing system in accordance with applicable NRCA Manual Plates and NRCA recommendations; modify as required to comply with manufacturer's approved details and perimeter fastening requirements of FM Global references if applicable. 3.4 INSULATION INSTALLATION A. Comply with membrane roofing system and insulation manufacturer's written instructions for installing roof insulation. B. Tapered Insulation and Crickets: Install tapered insulation under area of roofing to conform to slopes indicated. 1. Where crickets are indicated or required to provide positive slope to drain, make slope of crickets minimum of two times the roof slope, not less than 1/4 inch in 12 inches C. Install insulation under area of roofing to achieve required thickness. Where overall insulation thickness is 2.7 inches (70 mm) or greater, install two or more layers with joints of each succeeding layer staggered from joints of previous layer a minimum of 6 inches (150 mm) in each direction. 1. Flat Insulation System on Sloped Roof Deck: Install insulation at minimum thickness as follows:

City of Lancaster Date of Issue (10/2023) AT Building
075416 - Page 10 of 24 KETONE ETHYLENE ESTER (KEE) ROOFING a. Minimum total thickness of Continuous Insulation: 1) Minimum thickness of base layer: 1.75 or 2 inches (due to market availability) b. Minimum Continuous Insulation R-value: R-10 2. Insulation Drain Sumps: Tapered insulation sumps, not less than 2 by 2 ft. (600 by 600 mm), sloped to roof drain; sump to maximum depth of not more than 1 inch (25 mm) less than the Project-stipulated continuous insulation thickness based upon code requirements. D. Trim surface of insulation where necessary at roof drains so completed surface is flush and does not restrict flow of water. E. Install insulation with long joints of insulation in a continuous straight line with end joints staggered between rows, abutting edges and ends between boards. Fill gaps exceeding 1/4 inch (6 mm) with insulation. 1. Cut and fit insulation within 1/4 inch of nailers, projections, and penetrations. F. Mechanically Fastened: Install each layer of insulation and secure first layer of insulation to deck using mechanical fasteners specifically designed and sized for fastening specified board-type roof insulation to deck type. 1. Fasten all layers of insulation to resist uplift pressure at corners, perimeter, and field of roof. G. Cover Boards: Install cover boards over insulation with long joints in continuous straight lines with end joints staggered between rows. Offset joints of insulation below a minimum of 6 inches (150 mm) in each direction. Loosely butt cover boards together. 1. Secure cover boards to resist uplift pressure at corners, perimeter, and field of roof. 2. Mechanically fasten cover boards. 3.5 MECHANICALLY FASTENED MEMBRANE ROOFING INSTALLATION A. Mechanically fasten membrane roofing over area to receive roofing and install according to roofing system manufacturer's written instructions. B. Start installation of membrane roofing in presence of roofing system manufacturer's technical personnel. C. Accurately align membrane roofing and maintain uniform side and end laps of minimum dimensions required by manufacturer. Stagger end laps. D. Mechanically fasten or adhere membrane roofing securely at terminations, penetrations, and perimeter of roofing. E. Apply membrane roofing with side laps shingled with slope of roof deck where possible.

City of Lancaster Date of Issue (10/2023) AT Building
075416 - Page 11 of 24 KETONE ETHYLENE ESTER (KEE) ROOFING F. Two perimeter half sheets are required. G. Welded Seams: Clean seam areas, overlap membrane roofing, and hot-air weld side and end laps of membrane roofing and sheet flashings according to manufacturer's written instructions to ensure a watertight seam installation. 1. Test lap edges with probe to verify seam weld continuity. Apply lap sealant to seal cut edges of sheet membrane. 2. Verify field strength of seams a minimum of twice daily and repair seam sample areas. 3. Repair tears, voids, and lapped seams in roofing that does not comply with requirements. 3.6 BASE FLASHING INSTALLATION A. Install sheet flashings and preformed flashing accessories and adhere to substrates according to membrane roofing system manufacturer's written instructions. B. Apply bonding adhesive to substrate and underside of sheet flashing at required rate and allow to partially dry. Do not apply to seam area of flashing. C. Flash penetrations and field-formed inside and outside corners with cured or uncured sheet flashing. D. Clean seam areas, overlap, and firmly roll sheet flashings into the adhesive. Hot-air weld side and end laps to ensure a watertight seam installation. E. Seal top termination of base flashing with a metal termination bar and a continuous bead of joint sealant. F. Perimeter wall flashings: 1. Remove existing sprayed foam. 2. Install ¼ dens deck prime into block wall. 3. Fully adhere KEE membrane to secured dens deck. 4. Install a 1 turn bar at top of 8” high base flashing. 5. Install a second turn bar 36” above first turn bar. 3.7 METAL COPING A. Install metal copings per manufacture warrantable guidelines and local wind zone requirements. B. Use typical cover plate detail. C. Coping must slope inward to roof.

City of Lancaster Date of Issue (10/2023) AT Building
075416 - Page 12 of 24 KETONE ETHYLENE ESTER (KEE) ROOFING

3.8 WALKWAY INSTALLATION A. Flexible Walkways: Install walkway products in locations indicated. Heat weld to substrate or adhere walkway products to substrate with compatible adhesive according to roofing system manufacturer's written instructions. 1. Install a min of 60’ of walkway in recommended layout attached 3.9 FIELD QUALITY CONTROL A. Final Roof Inspection: Arrange for roofing system manufacturer's technical personnel to inspect roofing installation on completion. B. Repair or remove and replace components of membrane roofing system where inspections indicate that they do not comply with specified requirements. C. Additional inspections, at Contractor's expense, will be performed to determine compliance of replaced or additional work with specified requirements. 3.10 PROTECTING AND CLEANING A. Protect membrane roofing system from damage and wear during remainder of construction period. When remaining construction will not affect or endanger roofing, inspect roofing for deterioration and damage, describing its nature and extent in a written report, with copies to Owner's Consultant and Owner. B. Correct deficiencies in or remove membrane roofing system that does not comply with requirements; repair substrates; and repair or reinstall membrane roofing system to a condition free of damage and deterioration at time of Substantial Completion and according to warranty requirements. C. Clean overspray and spillage from adjacent construction using cleaning agents and procedures recommended by manufacturer of affected construction. END OF SECTION 075416 City of Lancaster Date of Issue (10/2023) AT Building
075416 - Page 13 of 24 KETONE ETHYLENE ESTER (KEE) ROOFING Typical-Details:

DWG NO. 01N.T.S.TREMPLY KEE LV BONDINGADHESIVEGALVANIZED ANNULARRING SHANK NAILS(6" O.C.)ADHERED PER SPECIFICATIONINSULATION ATTACHED OR ROOF TOP UNITOR SKYLIGHTEPDM WASHERED FASTENERAS REQUIREDTREMPLY KEE MEMBRANE FLASHING(3" O.C.)GALVANIZED ANNULAR RING SHANK NAILS ATTACHED @ 250 LBF/FTWOOD BLOCKING/CURB CONSTRUCTION
ROOF TOP UNITOR SKYLIGHTEPDM WASHERED FASTENERAS REQUIREDFASTENERS (12" O.C.)METAL COUNTERFLASHING,FASTEN WITH EPDM WASHEREDTREMPLY KEE FLASHING (FULLY ADHERED)NON-LIFTABLEAPPROVED SEALANTBEHIND TOP OF FLASHING

TREMPLY KEETYPICAL WOOD CURB OR SKYLIGHT
City of Lancaster Date of Issue (10/2023) AT Building
075416 - Page 14 of 24 KETONE ETHYLENE ESTER (KEE) ROOFING DWG NO. 03N.T.S.

INSULATION ATTACHED PERSPECIFICATION REQUIREMENTSTREMPLY KEE MEMBRANEHOT AIR WELDTREMPLY KEE MEMBRANE FLASHING STRIPGALVANIZED ANNULAR RINGSHANK NAILS (6" O.C.)TREMCO METALHOT AIR WELD METAL GUTTER (BY OTHERS)WOOD BLOCKINGATTACHED @ 250 LBF/FTFASTEN WITH GALVANIZED ANNULARRING SHANK NAILS (3" O.C.)CONTINUOUS GALVANIZED METAL CLEATJOINT TREATMENT AT EDGE METAL4" MIN.1/4"2"4"TREMCO METAL2" WIDEOVER JOINT1/4" GAPALUMINUM TAPE4" WIDE FLASHING STRIP,HEAT WELDED IN PLACETREMPLY KEE MEMBRANE EDGE FLASHING STRIP

TREMPLY KEEGUTTER FLASHING
City of Lancaster Date of Issue (10/2023) AT Building
075416 - Page 15 of 24 KETONE ETHYLENE ESTER (KEE) ROOFING DWG NO. 07N.T.S.

INSULATED CURB OR HATCH ASSEMBLYTREMPLY KEE METAL FLASHINGHOT AIR WELDGALVANIZED ANNULAR RINGSHANK NAILS (6" O.C.)WOOD BLOCKING ATTACHED@ 250 LBF/FTINSULATION ATTACHED PERSPECIFICATION REQUIREMENTSHOT AIR WELDTREMPLY KEE MEMBRANETREMPLY KEE MEMBRANE FLASHING STRIPAS REQUIREDEPDM WASHERED FASTENER

TREMPLY KEEINSULATED CURB OR FIRE HATCH
City of Lancaster Date of Issue (10/2023) AT Building
075416 - Page 16 of 24 KETONE ETHYLENE ESTER (KEE) ROOFING DWG NO. 10N.T.S.

PIPE PENETRATION
SPECIFICATION REQUIREMENTSINSULATION ATTACHED PERTREMPLY KEE MEMBRANEWORM GEAR CLAMPSTAINLESS STEELAPPROVED SEALANT8" MIN.TREMPLY PLUS FASTENER& STRESS PLATE(MIN. 4 FASTENERS)HOT AIR WELDNON-REINFORCED TREMPLY PLUS FIELDFORMED FLASHING MEMBRANETREMPLY KEE LV BONDING ADHESIVENON-REINFORCED FTR FIELDFORMED FLASHING MEMBRANEHOT AIR WELD

TREMPLY KEEFIELD FABRICATED PIPE FLASHING
City of Lancaster Date of Issue (10/2023) AT Building
075416 - Page 17 of 24 KETONE ETHYLENE ESTER (KEE) ROOFING DWG NO. 16N.T.S.

METAL RAIN COLLARMETAL SLEEVEMECHANICALLY ATTACHEDTO STRUCTURAL SUBSTRATEAPPROVED SEALANTWORM GEAR CLAMPSTAINLESS STEEL8" MIN.STAINLESS STEELWORM GEAR CLAMPHEATED STACK OR PIPE ADHERE FLASHING TO METAL SLEEVEWITH APPROVED ADHESIVE(MIN. 4 FASTENERS)& STRESS PLATETREMPLY PLUS FASTENER

TEMPERATURE APPROPRIATE SEALANTHOT AIR WELDINSULATION ATTACHED PERSPECIFICATION REQUIREMENTS

NON-REINFORCED TREMPLY KEE FIELDFORMED FLASHING MEMBRANE

TREMPLY KEEHEATED STACK FLASHING WITH METAL COLLAR
City of Lancaster Date of Issue (10/2023) AT Building
075416 - Page 18 of 24 KETONE ETHYLENE ESTER (KEE) ROOFING DWG NO. 1N.T.S.TREMPLY KEEPROTECTION PAD &WALK WAY MATERIALS 50'28"
24"48"6"6" 6" X 6" TREMPLY KEE MEMBRANE WELDED TO BACKOF PROTECTION PAD, ANDTO TEREMPLY KEE FIELD MEMBRANE (Typical 4 Corners) HOT AIR WELD (Typical)30" GRAY PROTECTION PAD2 FT. X 4 FT. X 1/4 IN. PVCOSHA YELLOW W/ DIAMONDPROTECTION PAD28 IN. X 50 FT. X 90-MIL KEE WALK WAY PAD30 IN. X 50 FT. X 5/32 INMELLOW YELLOW W/ DEEPHERRING BONE TREAD PATTERNPLATE TREAD PATTERNHOT AIR WELD (Typical)LEAVE 6" MIN. UN-WELDED ATDRAINAGE SIDE OF WALKWAY City of Lancaster Date of Issue (10/2023) AT Building
075416 - Page 19 of 24 KETONE ETHYLENE ESTER (KEE) ROOFING DWG NO. 06N.T.S.ADHERED IN TREMPLY KEE LVBONDING ADHESIVETREMPLY KEE MEMBRANE FLASHING8" MIN.OR SKYLIGHTROOF TOP UNITHOT AIR WELDTREMPLY KEESPECIFICATION REQUIREMENTSINSULATION ATTACHED PERATTACHED @ 250 LBF/FTWOOD BLOCKING/CURB CONSTRUCTIONMEMBRANERING SHANK NAILSGALVANIZED ANNULAR(6" O.C.) (3" O.C.)GALVANIZED ANNULAR RING SHANK NAILSEPDM WASHERED FASTENERAS REQUIREDPREMOLDED CORNERTREMPLY KEE FLASHING (FULLY ADHERED)EPDM WASHERED FASTENERS (12" O.C.)METAL COUNTERFLASHING, FASTEN W/NON-LIFTABLEMECHANICAL UNITAPPROVED SEALANTBEHIND TOP OF FLASHING

TREMPLY KEETYPICAL WOOD OR SKYLIGHT CURB FLASHING
City of Lancaster Date of Issue (10/2023) AT Building
075416 - Page 20 of 24 KETONE ETHYLENE ESTER (KEE) ROOFING DWG NO. 01N.T.S.

TREMCO METALTREMPLY KEE MEMBRANE FLASHING STRIPTREMPLY KEE MEMBRANEGALVANIZED ANNULAR RINGSHANK NAILS (6" O.C.)HOT AIR WELDINSULATION ATTACHED PERSPECIFICATION REQUIREMENTSWOOD BLOCKINGATTACHED @ 250 LBF/FTCONTINUOUS GALVANIZED METAL CLEATBUTYL SEALING TAPE (OPTIONAL)RING SHANK NAILS (3" O.C.)FASTEN WITH GALVANIZED ANNULAR JOINT TREATMENT AT EDGE METAL4" MIN.1/4"2"4"TREMCO METAL2" WIDEOVER JOINT1/4" GAPALUMINUM TAPE4" WIDE FLASHING STRIP,HEAT WELDED IN PLACETREMPLY KEE MEMBRANE EDGE FLASHING STRIP

TREMPLY KEETYPICAL EDGE FLASHING
City of Lancaster Date of Issue (10/2023) AT Building
075416 - Page 21 of 24 KETONE ETHYLENE ESTER (KEE) ROOFING DWG NO. 06N.T.S.ADHERED IN TREMPLY KEE LVBONDING ADHESIVETREMPLY KEE MEMBRANE FLASHING8" MIN.OR SKYLIGHTROOF TOP UNITHOT AIR WELDTREMPLY KEESPECIFICATION REQUIREMENTSINSULATION ATTACHED PERATTACHED @ 250 LBF/FTWOOD BLOCKING/CURB CONSTRUCTIONMEMBRANERING SHANK NAILSGALVANIZED ANNULAR(6" O.C.) (3" O.C.)GALVANIZED ANNULAR RING SHANK NAILSEPDM WASHERED FASTENERAS REQUIREDPREMOLDED CORNERTREMPLY KEE FLASHING (FULLY ADHERED)EPDM WASHERED FASTENERS (12" O.C.)METAL COUNTERFLASHING, FASTEN W/NON-LIFTABLEMECHANICAL UNITAPPROVED SEALANTBEHIND TOP OF FLASHING

TREMPLY KEETYPICAL WOOD OR SKYLIGHT CURB FLASHING
City of Lancaster Date of Issue (10/2023) AT Building
075416 - Page 22 of 24 KETONE ETHYLENE ESTER (KEE) ROOFING DWG NO. 11N.T.S.

TREMPLY KEE LV BONDINGBUTYL SEALING TAPE (BY OTHERS)TREMPLY KEE MEMBRANE FLASHINGTREMPLY KEE MEMBRANE FLASHINGTREMPLY KEE MEMBRANE FLASHINGTREMPLY KEE MEMBRANE FLASHING STRIP APPROVED 1/8" X 1" ALUMINUM BARATTACHED (8" O.C.)HOT AIR WELDTREMPLY KEE FASTENER & S/P(18" O.C.)TREMPLY KEE FASTENER & S/P(18" O.C.)HOT AIR WELDTREMPLY FASTENER (18" O.C.)4" CLAD METAL STRIPTREMPLY KEEWALL FLASHING / INTERMEDIATE ATTACHMENT

ADHESIVETREMPLY KEE LV BONDINGADHESIVE
City of Lancaster Date of Issue (10/2023) AT Building
075416 - Page 23 of 24 KETONE ETHYLENE ESTER (KEE) ROOFING DWG NO. 08N.T.S.

METAL COPING CAPEPDM WASHERED FASTENERS(12" O.C.)WOOD BLOCKINGATTACHED @ 250 LBF/FTTREMPLY KEE LV BONDING ADHESIVETREMPLY KEE MEMBRANE FLASHINGGALVANIZED ANNULAR RINGSHANK NAILS (6" O.C.)WOOD BLOCKINGATTACHED @ 250 LBF/FTHOT AIR WELDTREMPLY KEE MEMBRANEINSULATION ATTACHED PERSPECIFICATION REQUIREMENTS CONTINUOUS GALVANIZED METAL CLEATRING SHANK NAILS (3" O.C.)FASTEN WITH GALVANIZED ANNULARBUTYL SEALING TAPE (BY OTHERS)

TREMPLY KEEWALL FLASHINGWITH METAL CAP FLASHING
City of Lancaster Date of Issue (10/2023) AT Building
075416 - Page 24 of 24 KETONE ETHYLENE ESTER (KEE) ROOFING DWG NO. 07N.T.S.EXISTING METAL COUNTER FLASHINGEPDM WASHERED FASTENERS (12" O.C.)METAL COUNTER FLASHINGTREMPLY KEE LV BONDING ADHESIVETREMPLY KEE MEMBRANE FLASHING APPROVED SEALANT (TOOLED)EPDM WASHERED FASTENERS (12" O.C.)(8" O.C.)APPROVED ALUMINUM TERMINATION BAR,FASTEN WITH APPROVED FASTENERSTREMPLY KEE MEMBRANE FLASHINGTREMPLY KEE LV BONDING ADHESIVEMETAL COUNTER FLASHINGAPPROVED SEALANT (TOOLED)

TREMPLY KEEWALL FLASHINGALTERNATE TERMINATION'S
City of Lancaster Date of Issue (10/2023) AT Building

Exhibit B

STAFF REPORT
City of Lancaster
CC 17
12/12/2023
JC
Date: December 12, 2023
To: Mayor Parris and City Council Members
From: Larissa De La Cruz, Director – Community Development Nicole Jones, Sr. Analyst – Community Development
Subject: Tax Sharing Resolution for Proposed Annexation No. 14-439 into Los Angeles County Sanitation District No. 14

Recommendations:

1. Adopt the Tax Sharing Resolution for proposed Annexation No. 14-439 into Los Angeles County Sanitation District No. 14.

2. Direct the City Clerk to route three copies of the tax sharing resolution to the City Attorney and the Mayor for wet signatures.

Fiscal Impact:

None.

Background:

The property owners have requested, in writing, annexation of property (Annexation No. 14-439) into the County Sanitation District No. 14 (District) in order to receive off-site disposal of sewage. The annexation process requires that a resolution for property tax revenue exchange be adopted by all the affected local agencies before an annexation may be approved. For any jurisdictional change which will result in a special district providing new service not previously provided to an area, the law requires the governing bodies of all local agencies that receive an apportionment of the property tax from the area to determine by resolution the amount of the annual tax increment to be transferred to the special district (Revenue and Taxation Code Section 99.01).

NJ/hb
Attachment:
1 4
6 0
12-12-23 Tax Sharing Resolution for Proposed Annexation No. 14-439 into Los Angeles County Sanitation District No. 14

STAFF REPORT
City of Lancaster
CC 18
12/12/2023
JC
Date: December 12, 2023
To: Mayor Parris and City Council Members
From: Larissa De La Cruz, Director – Community Development Nicole Jones, Sr. Analyst – Community Development
Subject: Tax Sharing Resolution for Proposed Annexation No. 14-442 into Los Angeles County Sanitation District No. 14
Recommendations:

1. Adopt the Tax Sharing Resolution for proposed Annexation No. 14-442 into Los Angeles County Sanitation District No. 14

2. Direct the City Clerk to route three copies of the tax sharing resolution to the City Attorney and the Mayor for wet signatures.

Fiscal Impact:

None.

Background:

The property owners have requested, in writing, annexation of property (Annexation No. 14-442) into the County Sanitation District No. 14 (District) in order to receive off-site disposal of sewage. The annexation process requires that a resolution for property tax revenue exchange be adopted by all the affected local agencies before an annexation may be approved. For any jurisdictional change which will result in a special district providing new service not previously provided to an area, the law requires the governing bodies of all local agencies that receive an apportionment of the property tax from the area to determine by resolution the amount of the annual tax increment to be transferred to the special district (Revenue and Taxation Code Section 99.01).

NJ/hb
Attachment:
1 4
6 1
12-12-23 Tax Sharing Resolution for Proposed Annexation No. 14-442 into Los Angeles County Sanitation District No. 14

STAFF REPORT
City of Lancaster
CC 19
12/12/2023
JC
Date:December 12, 2023
To: Mayor Parris and City Council Members
From:Larissa De La Cruz, Director – Community Development Nicole Jones, Sr. Analyst – Community Development
Subject:Tax Sharing Resolution for Proposed Annexation No. 14-443 into Los Angeles County Sanitation District No. 14
Recommendations:

1. Adopt the Tax Sharing Resolution for proposed Annexation No. 14-443 into Los Angeles County Sanitation District No. 14

2. Direct the City Clerk to route three copies of the tax sharing resolution to the City Attorney and the Mayor for wet signatures.

Fiscal Impact:

None.

Background:

The property owners have requested, in writing, annexation of property (Annexation No. 14-443) into the County Sanitation District No. 14 (District) in order to receive off-site disposal of sewage. The annexation process requires that a resolution for property tax revenue exchange be adopted by all the affected local agencies before an annexation may be approved. For any jurisdictional change which will result in a special district providing new service not previously provided to an area, the law requires the governing bodies of all local agencies that receive an apportionment of the property tax from the area to determine by resolution the amount of the annual tax increment to be transferred to the special district (Revenue and Taxation Code Section 99.01).

NJ/hb
Attachment:
1 4
6 2
12-12-23 Tax Sharing Resolution for Proposed Annexation No. 14-443 into Los Angeles County Sanitation District No. 14

STAFF REPORT
City of Lancaster
CC 20
12/12/2023
JC
Date: December 12, 2023
To: Mayor Parris and City Council Members
From: Larissa De La Cruz, Director – Community Development Nicole Jones, Sr. Analyst – Community Development
Subject: Tax Sharing Resolution for Proposed Annexation No. 14-444 into Los Angeles County Sanitation District No. 14
Recommendations:

1. Adopt the Tax Sharing Resolution for proposed Annexation No. 14-444 into Los Angeles County Sanitation District No. 14

2. Direct the City Clerk to route three copies of the tax sharing resolution to the City Attorney and the Mayor for wet signatures.

Fiscal Impact:

None.

Background:

The property owners have requested, in writing, annexation of property (Annexation No. 14-444) into the County Sanitation District No. 14 (District) in order to receive off-site disposal of sewage. The annexation process requires that a resolution for property tax revenue exchange be adopted by all the affected local agencies before an annexation may be approved. For any jurisdictional change which will result in a special district providing new service not previously provided to an area, the law requires the governing bodies of all local agencies that receive an apportionment of the property tax from the area to determine by resolution the amount of the annual tax increment to be transferred to the special district (Revenue and Taxation Code Section 99.01).

NJ/hb
Attachment:
1 4
6 3
12-12-23 Tax Sharing Resolution for Proposed Annexation No. 14-444 into Los Angeles County Sanitation District No. 14

1 4
6 7

STAFF REPORT
City of Lancaster
CC 21
12/12/23
JC
Date: December 12, 2023
To: Mayor Parris and City Council Members
From: Sonya Patterson, Director of Parks, Arts, Recreation and Community Services Subject: Resolution to Authorize Submittal of Application for California Natural Resources Agency Urban Greening Program – El Dorado Park Recommendation:

Adopt Resolution No. 23-___, approving the application for the California Natural Resources Agency Urban Greening Program.

Fiscal Impact:

None at this time.

Summary:

The California Natural Resources Agency Urban Greening Grant is a competitive program that funds projects that reduce greenhouse gas emissions and provide multiple benefits, such as improving air and water quality, reducing energy consumption, and creating more walkable and bikeable trails. The grant has approximately $23.7 million available for projects this cycle with no maximum or minimum funding requests for applicants.

Staff has reviewed the grant guidelines and determined that the El Dorado Park Renovation Project is a viable and competitive grant project. The application will request funds to support the renovation of the walking trail and fitness equipment within the Northern boundary of El Dorado Park, which will offer residents increased opportunities for active and healthy recreation, and community engagement. The El Dorado Park project will use low water use plants that are suited to the local climate. These plants will help support local biodiversity and create a cooler microclimate through the process of evapotranspiration. The park will also maintain its existing tree canopy, which will provide shade to help mitigate the negative heat-related health impacts in the area. The project seeks to provide improved pedestrian access to recreational and health and fitness opportunities for the surrounding residents.

The grant procedures require the applicant to certify by resolution the approval of the application before final submission to the California Department of Parks and Recreation. The resolution will approve the submittal of the grant application for the proposed park improvements. 1 4
6 7
The project has an estimated cost of $3,806,506.00. There is no matching fund requirement, therefore there is no fiscal implication associated with the grant resolution and submission. If awarded, the project’s scope will align with the planned improvements to multiple park amenities that already have secured funding.

SP:AC
Attachment:

Resolution – California Natural Resources Agency Urban Greening Program El Dorado Park

RESOLUTION NO. 23-__

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

LANCASTER, CALIFORNIA, TO AUTHORIZE THE SUBMITTAL

OF APPLICATIONS FOR THE CALIFORNIA NATURAL
RESOURCES AGENGY URBAN GREENING PROGRAM.

WHEREAS, the Legislature and Governor of the State of California have provided funds for the program shown above; and
WHEREAS, the California Natural Resources Agency has been delegated the responsibility for the administration of this grant program, establishing necessary procedures; and WHEREAS, said procedures established by the California Natural Resources Agency require a resolution certifying the approval of application(s) by the Applicants governing board before submission of said application(s) to the State; and WHEREAS, the applicant, if selected, will enter into an agreement with the State of California to carry out the Project

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LANCASTER AS FOLLOWS:

Section 1. Approves the filing of an application for the El Dorado Park Project; and Section 2. Certifies that applicant understands the assurances and certification in the application; and.

Section 3. Certifies that applicant or title holder will have sufficient funds to operate and maintain the project consistent with the land tenure requirements; or will secure the resources to do so; and
Section 4. Certifies that it will comply with the provisions of Section 1771.5 of the State Labor Code; and
Section 5. If applicable, certifies that the project will comply with any laws and regulations including, but not limited to, legal requirements for building codes, health and safety codes, disabled access laws, environmental laws and, that prior to commencement of construction, all applicable permits will have been obtained; and
Section 6. Certifies that applicant will work towards the Governor’s State Planning Priorities intended to promote equity, strengthen the economy, protect the environment, and promote public health and safety as included in Government Code Section 65041.1; and Section 7. Appoints the City Manager, or designee, as agent to conduct all negotiations, execute and submit all documents including, but not limited to applications, Resolution No. 23-__
December 12, 2023

Page 2 ends

agreements, payment requests and so on, which may be necessary for the completion of the aforementioned project(s).

PASSED, APPROVED and ADOPTED this ___ day of ________ 2023, by the following vote:

AYES:

NOES:

ABSTAIN:

RECUSED:

ABSENT: APPROVED:

____________________________ ______________________________ ANDREA ALEXANDER R. REX PARRIS
City Clerk Mayor
City of Lancaster City of Lancaster

STATE OF CALIFORNIA }
COUNTY OF LOS ANGELES }ss
CITY OF LANCASTER }

Resolution No. 23-__
December 12, 2023

Page 3 ends

CERTIFICATION OF RESOLUTION

CITY OF LANCASTER

I, __________________________, ___________________________ City of Lancaster, CA, do hereby certify that this is a true and correct copy of the original Resolution No. 23-__, for which the original is on file in my office.

WITNESS MY HAND AND THE SEAL OF THE CITY OF LANCASTER, on this _________ day of ________________, ________.

(seal)

___________________________________
1 4
6 8

STAFF REPORT
City of Lancaster
CC 22
12/12/23
JC
Date: December 12, 2023
To: Mayor Parris and City Council Members
From: Sonya Patterson, Director of Parks, Arts, Recreation and Community Services Subject: Resolution to Authorize Submittal of Application for California Natural Resources Agency Urban Greening Program – Avenue J Neighborhood Park Recommendation:

Adopt Resolution No. 23- , approving the application for the California Natural Resources Agency Urban Greening Program.

Fiscal Impact:

None at this time.

Summary:

The California Natural Resources Agency Urban Greening Grant is a competitive program that funds projects that reduce greenhouse gas emissions and provide multiple benefits, such as improving air and water quality, reducing energy consumption, and creating more walkable and bikeable trails. The grant has approximately $23.7 million available for projects this cycle and there are no maximum or minimum grant amounts for applicants.

Staff has reviewed the grant guidelines and determined that the proposed neighborhood park at Avenue J and 22nd Street West is a viable and competitive grant project. The Urban Greening application will request funds to support the development of a neighborhood park, including exercise equipment, a picnic area, lighting, a playground, and a low water use demonstration garden, which will offer residents increased opportunities for active and healthy recreation, and community engagement. The project seeks to provide improved access to recreational, health, and fitness opportunities for the surrounding residents. The development will use low water use plants that are suited to the local climate. These plants will help support local biodiversity and create a cooler microclimate through the process of evapotranspiration and help mitigate the negative heat-related health impacts in the area. The project seeks to provide improved pedestrian access to recreational and health and fitness opportunities for the surrounding residents. 1 4
6 8
The grant procedures require the applicant to certify by resolution the approval of the application before final submission to the California Department of Parks and Recreation. The resolution will approve the submittal of the grant application for the proposed neighborhood park.

The total project has an estimated cost of $4,807,841.00. There is no matching fund requirement, therefore, there are no fiscal implications associated with the grant resolution and submission.

SP:AC
Attachment:

Resolution – California Natural Resources Agency Urban Greening Program Avenue J Neighborhood Park

RESOLUTION NO. 23-__

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

LANCASTER, CALIFORNIA, TO AUTHORIZE THE SUBMITTAL

OF APPLICATIONS FOR THE CALIFORNIA NATURAL
RESOURCES AGENGY URBAN GREENING PROGRAM.

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LANCASTER AS FOLLOWS:

Section 1. Approves the filing of an application for the Avenue J Neighborhood Park Project; and
Section 2. Certifies that applicant understands the assurances and certification in the application; and.

Page 2 ends

agreements, payment requests and so on, which may be necessary for the completion of the aforementioned project(s).

PASSED, APPROVED and ADOPTED this ___ day of ________ 2023, by the following vote:

AYES:

NOES:

ABSTAIN:

RECUSED:

ABSENT: APPROVED:

____________________________ ______________________________ ANDREA ALEXANDER R. REX PARRIS
City Clerk Mayor
City of Lancaster City of Lancaster

STATE OF CALIFORNIA }
COUNTY OF LOS ANGELES }ss
CITY OF LANCASTER }

Resolution No. 23-__
December 12, 2023

Page 3 ends

CERTIFICATION OF RESOLUTION

CITY OF LANCASTER

WITNESS MY HAND AND THE SEAL OF THE CITY OF LANCASTER, on this _________ day of ________________, ________.

(seal)

___________________________________

STAFF REPORT
City of Lancaster
CC 23
12/12/2023
JC
Date:December 12, 2023
To: Mayor Parris and City Council Members
From:Rosa Cardenas, Senior Administrative Assistant
Subject:Approval of Multi-Year Professional Service Agreement Recommendation:

Approve Multi-Year Professional Service Agreement with Turbo Data Systems, Inc. and authorize the City Manager, or his designee, to execute all task orders.

Fiscal Impact:

There are sufficient funds available in the City Council appropriated Public Safety Operating Budget in the amount of $126,000 for Fiscal Year 2023-2024.

Background:

Turbo Data Systems, Inc. has processed parking citations, notices, and handled collections of payments for the City of Lancaster since 1993. The contract term of three (3) years with two one (1)- year extensions. This is an amendment to the initial contract term.

Attachment:

Amended Contract
Original 1993 Approved Contract
STATE
FUND
g(trMPENSATIQN
INSTJtrANCE

HOME OFFICE

SAN FBANCISCO

ENDORSEMENT AGREEMENT

WAIVER OF SUBROGATION
BI.ANKET BASIS
EFFECTT\ZE JULY L, 2023
AND EXPIRING .'ULY
AT L2.OL A.M.
t, 2026 AT 12.01 A.M.

AIiIY PERSON OR ORGA}TIZATION
FOR WHOM THE NA!{ED INSURED
IIAS AGREED BY $IRITTEN

CONTRACT TO FURNISH THIS

T'IAIVER
BI,ANKET I{AIVER OF

SI'BROGATION
9LO3640-23

RENEVIAL
SP
PAGE 1 OF 1
2572

ALTEFFECTIVE DATESARE
AT 12:01 AM PACIFIC

STANDARD TIME OR THE

TIME INDICATED AT

PACIFIC STANDARD TIME

TURBO DATA SYSTEMS INC
18302 IRVINE BLVD STE 2OO
TUSTTN, CA 92780
!^IE ITAVE TTTE RIGHT TO RECOVER OUR PAYMENTS FROM A}IYONE ATABLE FOR A}I INJURY COVERED BY THIS POTTCY. WE WII,L

NOT ENFORCE OUR RIGHT AGAINST THE PERSON OR
ORGA}IIZATION NAS{ED IN THE SCHEDULE.

THIS AGREEMENT APPLIES ONLY TO THE EXTENT TTIAT YOU
PERFORM WORK ITNDER A WRITTEN CONTRACT THAT REQUTRES yOU TO OBTAIN THIS AGREEMENT ER.OM US -

THE ADDITIONAL PREMIUM FOR THIS ENDORSEMENT STIAIL BE

2.008 OF TITE TOTAI POIICY PREMTUM.

SCHEDULE
PERSON OR ORGAI{IZATION .fOB DESCRIPTION

NOTHING IN THIS ENDORSEMENT SHALL BE HELD TO VARY, ALTEB, WAIVE OR EXTEND

ANY OF THE TERMS, CONDITIONS, AGBEEMENTS, OR LIMITATIONS OF THIS POLICY OTHER THAN AS ABOVE STATED. NOTHING ELSEWHERE IN THIS POLICY SHALL BE

HELD TO VARY, ALTER, WAIVE OR LIMIT THE TERMS, CONDITIONS, AGREEMENTS OR LIMITATIONS IN THIS ENDORSEMENT.

COUNTERSIGNED AND ISSUED AT SAN FRANCISCO:
*dq

AUTHORIZED REPRESENTMIVE
scrF FoRM 10217 lREV.4-20181
/ ,, -
/1-,,- J/_,-.,_-_
2020JUNE 23,

PRESIDENT AND CEO
OLD DP 2-17
AGREEMENT AMENDMENT NUMBER 3

FOR PROCESSING OF PARKING CITATIONS
("Amendment")
The Agreement for Processing of Parking Citations ("Agreement") dated September 9,2074, between the City of Lancaster ("City") and Turbo Data Systems, lnc. ("TDS") (collectively, the "Parties") is hereby amended, to be effective upon execution of this Amendment. Specifically, the Parties desire to renew the Agreement, as contemplated in and pursuant to Section 3 of the Agreement.

Accordingly, the Agreement is hereby amended by deleting Section 3 in its entirely and adding a new Section 3 to read, as follows:

3. TERM.

This Agreement shall be renewed upon execution of Amendment Number 3 by the Parties, and shall continue in full force and effect through June 30,2026, unless the Agreement is sooner terminated in accordance with this Agreement; provided, however, that the City and the Consultant may mutually agree in writing to extend the Term of this Agreement.

The Parties acknowledge and agree that all other provisions set forth in the Agreement remain in full force and effect.
lN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed and attested by their respective officers thereunto duly authorized.

Executed on this 21st day ofAugust, 2023.

TURBO DATA SYSTEMS, INC.

Roberta J. Rosen, President

CITY OF LANCASTER, CALIFORNIA
By:

Jason Caudle, City Manager
ATTEST:

Andrea Alexander, City Clerk

APPROVED AS TO FORM
City Attorney
AGREEMENT AMENDMENT NUMBER 2

FOR PROCESSING OF PARKING CITATIONS
(“Amendment”)

The Agreement for Processing of Parking Citations (“Agreement”) dated September 9, 2014, between the City of Lancaster (”City”) and Turbo Data Systems, Inc. (“TDS”) (collectively, the “Parties”) is hereby amended, to be effective upon execution of this Amendment. Specifically, the Parties desire to renew the Agreement, as contemplated in and pursuant to Section 3 of the Agreement.

Accordingly, the Agreement is hereby amended by deleting Section 3 in its entirely and adding a new Section 3 to read, as follows:

3. TERM.

This Agreement shall be renewed upon execution of Amendment Number 2 by the Parties, and shall continue in full force and effect through June 30, 2023, unless the Agreement is sooner terminated in accordance with this Agreement; provided, howe ver, that the City and the Consultant may mutually agree in writing to extend the Term of this Agreement.

The Parties acknowledge and agree that all other provisions set forth in the Agreement remain in full force and effect.

IN WITNESS WHEREOF, the part ies hereto have caused this Agreement to be executed and attested by their respective officers thereunto duly authorized.

Executed on this 8th day of September, 2020.

TURBO DATA SYSTEMS, INC.

By: ________________________________
Roberta J. Rosen, President

CITY OF LANCASTER, CALIFORNIA
By: ________________________________
Jason Caudle, City Manager
ATTEST:
________________________________________
Andrea Alexander, City Clerk

APPROVED AS TO FORM:
________________________________________
Jocelyn Corbett, Assistant City Attorney
DocuSign Envelope ID: D15DB930-AFC8-42E8-9A3F-E52B98234FDA

1 4
7 2

STAFF REPORT
City of Lancaster
CC 24
12/12/23
JC
Date: December 12, 2023
To: Mayor Parris and City Council Members
From: Sonya Patterson, Director of Parks, Arts, Recreation and Community Services Subject: Measure A Maintenance and Servicing (M&S) FY23/24 Budget Amendment Recommendation:

1. Amend the FY23/24 budget to appropriate Measure A, Maintenance and Servicing (M&S) funds, in the amount of $300,000 to the expenditure account MSRAMS.MISCGRANT/ GL21060000.5656.

2. Establish revenue account MSRAMS.MEASUREA/ GL21062200.4998 in the amount of $300,000.

Fiscal Impact:

No impact on the General Fund. Expenditures will be reimbursed through Regional Park and Open Space District Measure A M&S funds.

Summary:

Measure A is a Los Angeles County voter-approved special tax that authorizes dedicated local funding for parks, recreation, and open space projects. A portion of this money, referred to as maintenance and servicing (M&S) funds, may be used to offset increased maintenance costs resulting from Regional Park and Open Space District-funded projects.

The City of Lancaster receives an annual M&S allocation that may only be used on projects that previously received RPOSD’s Proposition A or Measure A program funding. Per guidelines, the funds shall be used to supplement or enhance existing service levels.

Measure A M&S projects at Jane Reynolds Park, Prime Desert Woodland Preserve, and various park sites have been prioritized this year, including fence and trail repairs. The City of Lancaster will request reimbursement for these expenses which are estimated to cost $300,000.

If approved, the budget will support improved aesthetics and features of several parks, open spaces, and facilities that are cherished by the public and contribute to their health, well-being, and overall quality of life.

SP:AC
1 4
7 2

STAFF REPORT
City of Lancaster
CC 25
12/12/2023
JC
Date: December 12, 2023
To: Mayor Parris and City Council Members
From: Marissa Diaz, Director – Public Works
Sheila Niebla, Senior Engineer - PW City Engineering
Subject: Approval of Professional Services Agreement for Architectural and Engineering Design Services for Lancaster Municipal Stadium Renovations (Reference PWCP 24-014)
Recommendations:

1. Approve a Professional Services Agreement with NBBJ, LP, to provide Architectural and Engineering (A&E) Design Services for Lancaster Municipal Stadium Renovations in the amount of $1,630,180.00 plus a 10% contingency; and authorize the City Manager, or his designee, to sign all documents.

2. Approve an appropriation of $1,793,198.00 from Fund Balance into project string CP11BS046.CONST, GL Account 10149900.8000, for the Lancaster Municipal Stadium Renovations.

Fiscal Impact:
$1,793,198.00 (including 10% contingency); sufficient funds are available in Capital Improvement Budget project string CP11BS046-CONST, GL Account 10149900.8000.

Background:

The City will be renovating and converting the 4,600-seat baseball stadium into a 5,300-seat soccer stadium for a new United Soccer League (USL) team. Phase 1 will include the following:
•Demolition of batting cages, dugouts, and portions of existing stadium seating; 1 4
7 8
•Installation of modular standing bleachers and loge seats on the west and south wings of the stadium;
•Installation of modular standing bleachers for the east side of the soccer field; •New Supporters Section standing terraces and canopy for the north side of the soccer field; •Conversion of baseball infield to artificial turf soccer pitch; •Access around the field (pedestrian and vehicle);
•LED light upgrades;
•Food truck area, berms, and access;
•Upgrade to landscaping and irrigation.

Under the Agreement for Professional Services, Consultant shall provide Project Management, Research, Construction Documents, and Bidding and Construction Engineering Support for Phase I of this project.

On November 9, 2023, the City issued RFQ&P 811-24 for A&E Design Services. The RFQ&P was listed on the City’s online bidding service (Planet Bids and Public Purchase). On December 5, 2023, the City received a proposal from NBBJ, LP. A selection committee consisting of seven (7) members reviewed and assessed the Statement of Qualifications (SOQ). On December 7, 2023, the City received and accepted a proposal from NBBJ, LP.

SN:EF/jr
Attachment:

Professional Services Agreement
- 1 -

AGREEMENT FOR PROFESSIONAL CONSULTANT SERVICES

THIS AGREEMENT FOR CONSULTING SERVICES (this “AGREEMENT”) is made and entered into this day of , 20 , by and between the CITY OF LANCASTER, a municipal corporation and charter city (the “OWNER”), and NBBJ, LP, a limited partnership , (the “CONSULTANT”).

RECITALS

WHEREAS, OWNER desires to engage CONSULTANT to perform certain technical and professional services, as provided herein, identified as:

RFQ 811-24 ARCHITECTURAL / ENGINEERING (A/E) SERVICES FOR LANCASTER MUNICIPAL STADIUM RENOVATIONS (REFERENCE: PWCP 24-014)

WHEREAS, the principal members of CONSULTANT are qualified and duly registered/licensed under the laws of the State of California, and CONSULTANT desires to accept such engagement;

NOW, THEREFORE, the parties agree as follows:

1. Parties to the AGREEMENT.

The parties to this AGREEMENT are:

A. OWNER: City of Lancaster

B. CONSULTANT: NBBJ, LP

2. Notices. All written notices required by or related to this AGREEMENT shall be sent by Certified Mail, Return Receipt Requested, postage prepaid and addressed as listed below. Neither party to this AGREEMENT shall refuse to accept such mail; parties to this AGREEMENT shall promptly inform the other party of any changes of address. All notices required by this AGREEMENT are effective on the day of receipt, unless otherwise indicated herein.

OWNER Public Works Director
City of Lancaster
44933 North Fern Avenue
Lancaster, California 93534

CONSULTANT Andrzej Czech

NBBJ, LP
523 W. 6th Street, Suite 300
Los Angeles, CA 90013

3. Successors and Assigns. The terms hereof shall be binding upon and inure to the benefit of the successors and assigns of the parties hereto; provided, however, that no party hereto shall - 2 -
assign any of the benefits and burdens hereunder, whether voluntarily or by operation of law, without prior written consent of the other party, and any such assignments without said consent shall be void.

4. Incorporation by Reference . The Request for Qualifications – RFQ 811 -24 Architectural / Engineering (A/E) Services for Lancaster Municipal Stadium Renovations (Reference:

PWCP 24-014) and CONSULTANT’S Proposal is hereby incorporated in and made a part of this AGREEMENT. CONSULTANT agrees to comply with all of the requirements set forth therein.

5. Precedence of AGREEMENT Documents . If there is a conflict between AGREEMENT documents, the document highest in precedence shall control. The precedence shall be:

First: This AGREEMENT consisting of 50 pages
Second: Request for Qualifications – RFQ 811-24 - Architectural / Engineering (A/E) Services for Lancaster Municipal Stadium Renovations (Reference: PWCP 24-014)
Third:

Fourth:

The CONSULTANT’S Statement of Qualifications
The CONSULTANT’S Proposal

6. Description of Work. OWNER hereby engages CONSULTANT, and CONSULTANT accepts such engagement, to perform the technical and professional services set forth in the “Scope of Services” attached hereto as Exhibit “A”. CONSULTANT shall perform and complete, in a manner satisfactory to OWNER, all work and services set forth in Exhibit “A”. The Public Works Director or their designee shall have the right to review and inspect the work during the cour se of its performance at such times as may be specified by the Public Works Director, or their designee.

7. Obligations of the OWNER.

A. The total compensation to be paid by OWNER to CONSULTANT for all work and services described in Exhibit “A” is not to exceed $1,630,180.00. CONSULTANT’S fees and charges for the work and services performed shall in no event exceed those set forth in Exhibit “B” attached hereto and made a part hereof.

B. No payment made hereunder by OWNER to CONSULTANT, other than the final payment, shall be construed as an acceptance by OWNER of any work or materials, nor as evidence of satisfactory performance by CONSULTANT of its obligations under this AGREEMENT.

8. Obligations of the CONSULTANT.

A. CONSULTANT shall perform as required by this AGREEMENT. CONSULTANT also warrants on behalf of itself and all subcontractors engaged for the performance of this AGREEMENT.

B. CONSULTANT shall be responsible for payment of all employees' and subcontractor's wages and benefits, and shall comply with all r equirements pertaining to employer's liability, workers' compensation, unemployment insurance, and Social Security. - 3 -

9. Senate Bill 854.

SB 854 bill signed into law on June 20, 2014, established a new public works contractor registration program to replace prior Compliance Monitoring Unit (CMU) and Labor Compliance Program (LCP) requirements for bond -funded and other specified public works projects. The Department of Industrial Relations (DIR) requires all contractors and subcontractors who bid or perform work on a public works project (as defined under the Labor Code) be subject to a registration and annual renewal fee.

Contractors must apply online and meet minimum qualifications to be registered as eligible to bid and work on public works projects. The requirement to list only registered contractors and subcontractors on bids becomes effective on March 1, 2015. The requirement to only use registered contractors and subcontractors on public works projects applies to all projects awarded on or aft er April 1, 2015. This project shall comply with the requirement of SB 854.

Coverage is not limited only to work performed at the construction site by the traditional construction trades, but extends broadly to workers employed “in the execution of” the public works contract.

Survey and Geotechnical Services will only need to register if the scope of services provided would require the payment of prevailing wage and be considered to be covered under the California Labor Code. Even though survey and geotec hnical services typically are viewed as consultants and generally do not necessarily fit the term “contractor,” compliance with section SB 854 will be required by the Department of Industrial Relations ("DIR"). Essentially, if the services provided by a survey or geotechnical services firm would be considered to be covered under the applicable California Labor Code sections, then they should register. It should be noted that only the firm needs to register and not individual licensed design professional(s).

Attention is directed to the revisions to Labor Code Section 4. 1725.5 and Section 5. 1771.1:

A. SECTION 4 1725.5
“A contractor (consultant) must be registered pursuant to this section in order to be qualified to bid on, be listed in a bid proposal pursuant to Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work that is subject to requirements of this chapter. (a) To qualify for registration under this section, a contractor must do all of the following:
(1) Beginning July 1, 2014, register with the Department of Industrial Relations in the manner prescribed by the department and pay an initial non -refundable application fee of $300 to qualify for registration under this section and an annual renewal fee on or before July 1st each year thereafter. The annual renewal fee shall be in a uniform amount set by the Director of Industrial Relations, and the initial registration and renewal fees may be adjusted no more than annually by the director to support the costs specified in Section 1771.3. (2) Provide such evidence, disclosures, or releases as are necessary to establish all of the following:
(A) Worker’s Compensation coverage that meets the requirements of Division 4 (commencing with Section 3200) and includes sufficient coverage for any worker who the contractor will employ to perform work that is subject to prevailing wage requirements other than a contractor who, is separately registered under this section. Coverage may be evidenced by a current and valid Certificate of Workers’ Compensation - 4 -
Insurance or Certification of Self-Insurance required under Section 7125 of the Business and Professions Code.
(B) Where applicable, the contractor is licensed in accordance with Chapter 9 (commencing with Section 7000) of the Business and Professions Code. (C) The contractor does not have any delinquent liability to an employee or the state for any assessment of back wages, or related damages, interest, fines, or penalties pursuant to any final judgment, order, or det ermination by a court or any federal, state, or local administrative agency, including a confirmed arbitration award. However, for any judgment, order, or determination that is under appeal, provided that the contractor has secured the payment of any amoun t eventually found due through a bond or other appropriate means.
(D) The contractor is not currently debarred under Section 1777.1 or under any other federal or state law providing for the debarment of contractors from public works. (E) The contractor has not bid on a public works contract, been listed in a bid proposal, or engaged in the performance of a contract for public works without being lawfully registered in accordance with this section, within the preceding 12 months, or since the effective date of the requirements set forth in subdivision (f), whichever is shorter. For a contractor found to be in violation of the requirements of this paragraph only, the period of disqualification shall be waived if: (i) the contractor has not previously been found to be in violation of the requirements of this paragraph within the preceding 12 months; and (ii) the contractor pays an additional non-refundable penalty registration fee of $2,000. (b) Fees received pursuant to this section shall be deposited in the State Public Works Enforcement Fund established pursuant to Section 1771.3 and shall be used only for the purposes specified in subdivision (b) of Section 1771.3
(c) The term “contractor,” as used in this section, shall include any subcontractor or “consultant”, as defined in Section 1722.1.
(d) A contractor who fails to pay the renewal fee required under paragraph (1) of subdivision (a) on or before the expiration of any prior period of registration shall be prohibited from bidding on or engaging in the performance of any contract for public work until once again registered pursuant to this section. A contractor who inadvertently fails to pay the renewal fee may retroactively renew its registration by paying an additional non-refundable penalty renewal fee equal to the amount of the renewal fee within 90 days of the date of the renewal fee. (e) The requirements of this section shall not apply with respect to any contract, which as a result of a determination by the Director of Industrial Relations pursuant to Section 1773.5 or decision by a court that classifies, after the time at which the body awarding the contract accepts the contractor’s bid or awards the contractor a contract, the work covered by the bid or contract as a “public work,” as defined in this chapter, to which Section 1771 applies, provided that:
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(1) The body awarding the contract failed to identify as a public work, in the bid specification or in the contract documents that portion of the work that the determination or decision classifies as a “public work.”
(2) Within twenty (20) days following service of notice on the awarding body of a determination by the Director of Industrial Relations pursuant to Section 1773.5 or a decision by a court that the contract was for public work as defined in this ch apter, the contractor and any subcontractors are registered under this section or are replaced by a contractor or subcontractors who are registered under this section. (3) The requirements of this section shall apply prospectively only to any bid, bid proposal, contract, or work performed after the awarding body is served with notice of the determination or decision referred to in paragraph (2) of this subdivision. (f) The requirements of this section shall apply to any bid proposal submitted on or after M arch 1, 2015, and any contract for public work, as defined in this chapter, entered into on or after April 1, 2015.”
B. SECTION 5 1771.1
(a) No contractor or subcontractor shall be qualified to bid on, be listed in a bid proposal pursuant to Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work, as defined in this chapter, unless currently registered to perform public work pursuant to Section 1725.5 It shall not be a violation of this section for an unregistered contractor to submit a bid that is authorized by Section 7029.1 of the Business and Professions Code or by Sections 10164 or 20103.5 of the public work pursuant to Section 1725.5 at the time the contract is awarded.
(b) Notice of this requirement shall be incl uded in all bid invitations and public works contracts, and no bid shall be accepted nor any contract or subcontract entered into without proof of the contractor or subcontractor’s current eligibility to perform public work pursuant to Section 1725.5.
(c) An inadvertent error in listing a subcontractor who is not registered pursuant to Section 1725.5 in a bid proposal shall not be grounds for filing a bid protest or grounds for considering the bid nonresponsive, provided that any of the following requirements are met:
(1) the subcontractor is registered prior to the bid opening; (2) within 24 hours after the bid opening the subcontractor is registered and has paid the penalty registration fee specified in paragraph (E) of subdivision (2) of Section 1725.5; or ( 3) the subcontractor is replaced by another registered subcontractor pursuant to Section 4107 of the Public Contract Code. (d) Failure by a subcontractor to be registered to perform public work as required by subdivision (a) of this Section shall be grounds under Section 4107 of the Public Contract Code for the contractor, with the consent of the awarding authority, to substitute a subcontractor who is registered to perform public work pursuant to Section 1725.5 in place of the unregistered subcontractor.
(e) The DIR shall maintain on its website a list of contractors who are currently registered to perform public work pursuant to Section 1725.5.
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(f) A contract entered into with any contractor or subcontractor in violation of subdivision (a) shall be subject to cancellation. However, no contract for public work shall be unlawful, void, or voidable solely due to the failure of the awarding body, contractor, or any subcontractor to comply with the requirements of Section 1725.5 or this section.

A. This section shall apply to any bid proposal submitted on or after March 1, 2015, and any contract for public work entered into on or after April 1, 2015. This project shall comply with the requirements of SB 854.

10. Payment of Prevailing Wage.

A. The State of California, Department of Industrial Relations, has ascertained the general prevailing rate of wages and employer payments for health and welfare, vacation, pension, and similar purposes applicable to the field work to be done. These rates shall be the minimum wage rates for this project. These rates are on file with the City of Lancaster and copies will be made available to any interested party upon request.

Attention is directed to the provisions of Section 1777.5 (Chapter 1411, Statutes of 1968) and Section 1777.6 of the Labor Code concerning the employment of apprentices by the CONSULTANT or any subcontractor under him.

Section 1777.5, as amended, requires the CONSULTANT or subcontractor employing tradesmen in any apprenticeable occupation to apply to the joint apprenticeship committee nearest the site of the public works project and which administers the apprenticeship program in that trade for a certificate of approval.

The certificate will also fix the ratio of apprentices to journeymen that will be used in the performance of the contract. The ratio of apprentices to journeymen in such cases shall not be less than one to five except:
(A) When unemployment in the area of coverage by the joint apprenticeship committee has exceeded an average of 15% in the 90 days prior to the request for certificate; or (B) When the number of apprentices in training in the area exceeds a ratio of one to five; or (C) When the trade can show that it is replacing at least 1/30 of its membership through apprenticeship training on an annual basis statewide or locally; or (D) When the CONSULTANT provides evidence that he employs registered apprentices on all of his contracts on an annual average of not less than one apprentice to eight journeymen.

The CONSULTANT is required to make contributions to funds established for the administration of apprenticeship programs if he employs registered apprentices or journeymen in any apprenticeable trade on such contracts and if other Contractors on the public works site are making such contributions.

The CONSULTANT and any subcontractor under them shall comply with the requirements of Section 1777.5 and Section 1777.6 in the employment of apprentices.

Information relative to apprenticeship standards, wage schedules, and other requirements may be obtained from the Director of Industrial Relations, ex officio the Administrator of Apprenticeship, San Francisco, California, or from the Division of Apprenticeship Standards and its branch offices. - 7 -
B. The provisions of subsection A above shall be included in all solicitations or advertisements placed by or on behalf of CONSULTANT for personnel to perform any services under this AGREEMENT. OWNER shall have access to all documents, data and records of CONSULT ANT and its subcontractors for purposes of determining compliance with the Prevailing Wage provisions of this Section.

11. Audit. OWNER shall have the option of inspecting and/or auditing all records and other written materials used by CONSULTANT in preparing its statements to OWNER as a condition precedent to any payment to CONSULTANT.

12. Hold Harmless and Indemnification . CONSULTANT agrees to indemnify and hold harmless the OWNER, its officers and employees, from and against any and all claims, losses, obligations, or liabilities whatsoever, including reasonable Attorney’s fees, incurred in or in any manner arising out of or related to CONSULTANT’S negligent or willful wrongful acts, errors or omissions, or those of its employees or agents. CONSULTANT agrees to defend OWNER, it officers and employees, from and against any and all claims arising from any alleged negligent or wrongful acts, errors or omissions on the part of CONSULTANT or on the part of its employees.

13. Amendments. Any amendment, modification, or variation from the terms of this AGREEMENT shall be in writing and shall be effective only upon mutual written approval by the Public Works Director and CONSULTANT.

14. Non-Discrimination and Equal Employment Opportunity.

A. In the performance of this AGREEMENT, CONSULTANT shall not discriminate against any employee, subcontractor, or applicant for employment because of race, color, religion, ancestry, sex, national origin, physical or mental disability or age. CONSULTANT will take affirmative action to ensure that subcontractors and applicants are employed, and that employees are treated during employment without regard to their race, color, religion, ancestry, sex, national origin, physical or mental disability or age. Affirmative action relating to em ployment shall include, but not be limited to the following: employment, upgrading, demotion or transfer; recruitment; layoff or termination; rates of pay or other forms of compensation; and selection for training including apprenticeship.

B. The provisions of subsection A above shall be included in all solicitations or advertisements placed by or on behalf of CONSULTANT for personnel to perform any services under this AGREEMENT. OWNER shall have access to all documents, data and records of CONSULTANT and its subcontractors for purposes of determining compliance with the equal employment opportunity and non-discrimination provisions of this Section.

15. Termination for Convenience. The governing board of the OWNER may terminate this AGREEMENT at any time without cause by giving fifteen (15) days written notice to CONSULTANT of such termination and specifying the effective date thereof. In that event, all finished or unfinished documents and other materials shall, at the option of OWNER, become the OWNER's property . If this AGREEMENT is terminated by OWNER as provided herein, CONSULTANT will be paid a total amount equal to its costs as of the termination date, plus ten percent (10%) of that amount for profit. In no event shall the amount payable upon termination exc eed the total maximum compensation provided for in this AGREEMENT.
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16. Termination for Cause.

A. The governing board of the OWNER may, by written notice to CONSULTANT, terminate the whole or any part of this AGREEMENT in any of the following circumstances:
(1) If CONSULTANT fails to perform the services required by this AGREEMENT within the time specified herein or any authorized extension thereof; or (2) If CONSULTANT fails to perform the services called for by this AGREEMENT or so fails to make pr ogress as to endanger performance of this AGREEMENT in accordance with its terms, and in either of these circumstances does not correct such failure within a period of ten (10) days (or such longer period that OWNER may authorize in writing) after receipt of notice from OWNER specifying such failure.

B. In the event OWNER terminates this AGREEMENT in whole or in part as provided above in paragraph A of this Section, OWNER may procure, upon such terms and in such manner as it may deem appropriate, services similar to those terminated.

C. If this AGREEMENT is terminated as provided above in paragraph A, OWNER may require CONSULTANT to provide all finished or unfinished documents, data, studies, drawings, maps, photographs, reports, etc., prepared by CONSULTANT. Upon such termination, CONSULTANT shall be paid an amount equal to the contract amount, less the cost of hiring another CONSULTANT to complete CONSULTANT's services. In the event no new CONSULTANT is employed, CONSULTANT shall be paid an amount equal to the value of the work performed. In ascertaining the value of the work performed up to the date of termination, consideration shall be given to completed work and work in progress, complete and incomplete drawings, and other documents whether delivered to OWNE R or in possession of CONSULTANT, and authorized reimbursement expenses.

D. If, after notice of termination of the AGREEMENT under the provisions of this Section, it is determined, for any reason, that CONSULTANT was not in default, or that the default was excusable, then the rights and obligations of the parties shall be the same as if the notice of termination had been issued pursuant to Section 15.

17. Independent Contractor. CONSULTANT is an independent contractor and shall have no power or authority to inc ur any debt, obligation or liability on behalf of the OWNER. It is expressly understood between the parties to this AGREEMENT that no employee/employer relationship is intended; CONSULTANT is an independent contractor.

18. Insurance.

A. The CONSULTANT, at its expense, shall maintain in effect at all times during the term of this AGREEMENT the following coverage and limits of insurance, which shall be maintained with insurers listed "A-, VIII" or better in the Best's Key Rating Guide:

Commercial General Liability
Each Occurrence $2,000,000
Per Project General Aggregate $5,000,000
Including Products/Completed Operations; Contractual Liability/Independent Contractors; Property Damage
(Coverage shall be at least as broad as ISO form CG2010 11/85 or CG2010 07/04 - 9 -
and CG2037 07/04 combined, or an equivalent providing ongoing and completed operations)
Commercial Automobile Liability
Combined Single Limit per Accident for
Bodily Injury and Property Damage $5,000,000
(Coverage shall be at least as broad as ISO form CA00 01) Workers Compensation
As Required by the State of California Statutory Limits Employer’s Liability
Each Accident $1,000,000
Bodily Injury by Disease $1,000,000
Each Employee $1,000,000
(A Waiver of Subrogation must be provided on behalf of the Certificate Holder for the Workers Compensation & Employers’ Liability policies) Professional Liability
Each Occurrence $5,000,000
General Aggregate $5,000,000
B. The Consultant’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insured’s liability.

C. Professional liability insurance written on a “claims made” basis must be renewed for a period of three (3) years afte r this contract expires or is terminated. Such insurance must have the same coverage and limits as the policy that was in effect during the term of this contract and will cover Consultant for all claims made by the City insured entities arising out of any acts or omissions of Consultant or its officers, employees, or agents during the time this Agreement was in effect.

D. Any deductibles or self-insurance retentions must be declared and approved by the City. At the City’s option, either the insurer shall reduce or eliminate such deductibles or self- insured retentions as respects the City insured entities or the insurer shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses.

E. All insurance shall be primary and non-contributory as respects the City insured entities. Any insurance or self-insurance maintained by the City insured entities shall be in excess of the Consultant’s insurance and shall not contribute with it.

F. Consultant shall furnish the City with Certificates of Insurance and with original endorsements effecting coverage required by this Agreement. Certificates of Insurance shall meet the following requirements:
(1) Show that the insurance policy has been endorsed to state that coverage shall not be suspended, voided, cancelled, reduced in coverage or in limits except after 30 days prior written notice (10 days written notice for non- payment) to the City of Lancaster.
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(2) List in the “Descriptions of Operations/Locations/Vehicles” section:
“RFQ 811-24 ARCHITECTURAL / ENGINEERING (A/E) SERVICES
FOR – LANCASTER MUNICPAL STADIUM RENOVATIONS
(REFERENCE: PWCP 24-014)”
The City of Lancaster, its elected officials, officers, employees, and volunteers are included as additional covered parties, but only insofar as the operations under this contract are concerned.”
(3) List in the “Certificate Holder” section:

The City of Lancaster
44933 Fern Avenue
Lancaster, California 93534
G. Consultant shall include all subcontractors as an insured under its policies or shall furnish separate certificates and endorsements for each subcontractor. Subcontractors are subject to the same insurance requirements as the Consultant.

19. Commencement and Completion of Work . The execution of this AGREEMENT by the parties does not constitute an authorization to proceed. The services of CONSULTANT shall commence when the OWNER, acting by and through its Public Works Director or their designee, has issued the Notice to Proceed.

CONSULTANT shall have no claim for compensation for any services or work which has not been authorized by the OWNER's Notice to Proceed.

20. Extension of Time for Completion of Work.

A. If, at any time, the work is delayed due to suspension order by OWNER, or due to any other cause which, in the reasonable opinion of the OWNER, is unforeseeable and beyond the control and not attributable to the fault or negligence of CONSULTANT, then CONSULTANT shall be entitled to an extension of time equal to said delay, subject to the OWNER's right to terminate this AGREEMENT pursuant to Section 15.

B. CONSULTANT shall submit to OWNER a written request for an extension of time within ten (10) days after commencement of such delay, and failure to do so shall constitute a waiver thereof. OWNER shall, in its sole discretion, determine whether and to what extent any extensions of time shall be permitted.

C. No extension of time requested or granted hereunder shall entitle CONSULTANT to additional compensation unless, as a consequence of such extension, addi tional work must be performed. In such event, OWNER shall in good faith consider any request for additional compensation submitted by CONSULTANT.

21. Ownership of Documents. All plans, specifications, reports, studies, tracings, maps and other documents prepared or obtained by CONSULTANT in the course of performing the work required by this AGREEMENT shall be the property of the OWNER. Basic survey notes, sketches, - 11 -
charts, computations and similar data prepared or obtained by CONSULTANT under this AGREEMENT shall, upon request, be made available to OWNER without restriction or limitation on their use.

22. Data Provided to CONSULTANT. OWNER shall provide to CONSULTANT, without charge, all data, including reports, records, maps and other information, now in the OWNER's possession which may facilitate the timely performance of the work described in Exhibit “A”.

23. CONSULTANT's Warranties and Representations . CONSULTANT warrants and represents to OWNER as follows:

A. CONSULTANT has not employed or retained any person or entity, other than a bona fide employee working exclusively for CONSULTANT, to solicit or obtain this AGREEMENT.

B. CONSULTANT has not paid or agreed to pay any person or entity, other than a bona fide employee working exclusively for CONSULTANT, any fee, commission, percentage, gift, or any other consideration contingent upon or resulting from the execution of this AGREEMENT. Upon any breach or violation of this warranty, OWNER shall have the right, in its sole discretion, to terminate this AGREEMENT without further liability, or, in the alternative, to deduct from any sums payable hereunder the full amount or value of any such fee, commission, percentage or gift.

C. CONSULTANT has no knowledge that any officer or employee of the OWNER has any interest, whether contractual, noncontractual, financial, proprietary, or otherwise, in this transaction or in the business of the CONSULTANT, and that if any such interest comes to the knowledge of CONSULTANT at any time, a complete written disclosure of such interest will be made to OWNER, even if such interest would not be deemed a prohibited "conflict of interest" under applicable laws.

D. Upon the execution of this AGREEMENT, CONSULTANT has no interest, direct or indirect, in any transaction or busi ness entity which would conflict with or in any manner hinder the performance of services and work required by this AGREEMENT, nor shall any such interest be acquired during the term of this AGREEMENT.

24. Resolution of Disputes.

A. Disputes regarding the interpretation or application of any provisions of this AGREEMENT shall, to the extent reasonably feasible, be resolved through good faith negotiations between the parties.

B. If the parties cannot resolve the dispute through good faith negotiations, either party may give Notice of Dispute to the other party. The Notice of Dispute shall state the nature of the dispute and the corrective action necessary to remedy the dispute.

After Notice of Dispute, the parties shall first attempt to resolve any disputes by mediation. The parties shall agree on a single mediator. Mediation shall be conducted in Lancaster, California. Each party shall pay its own attorneys’ fees and the costs of mediation shall be split equally between the parties.

If the dispute has not been resolved by mediation within 45 days after Notice of Dispute, or the parties are unable to agree to a mediator, within 15 days after Notice of Dispute, then, the dispute may, upon agreement of the parties be resolved by binding arbitration. - 12 -

25. Exhibits.

The following exhibits to which reference is made in this AGREEMENT are deemed incorporated herein in their entirety:

Exhibit "A" Scope of Services

Exhibit “B” Term, Payment and Time for Commencement and Completion Clause

26. Governing Law.

This AGREEMENT shall be governed by the laws of the State of California.

27. Effective Date.

This AGREEMENT shall become effective as of the date set forth below on which the last of the parties, whether OWNER or CONSULTANT, executes said AGREEMENT. - 13 -
IN WITNESS WHEREOF, the parties hereto have caused this AGREEMENT to be executed and attested by their respective officers thereunto duly authorized.

“OWNER”

CITY OF LANCASTER

LANCASTER, CALIFORNIA

Approved By Department Head:

By:

Marissa Diaz, Public Works Director

Dated:

By:

Jason Caudle, City Manager

Dated:

"CONSULTANT"

NBBJ, LP

By:

Andrzej Czech, Principal

Dated:

ATTEST:

Andrea Alexander
City Clerk

APPROVED AS TO FORM:

Allison E. Burns, Esq.

City Attorney
PW-123 (1/14)
EXHIBIT "A"

SCOPE OF SERVICES
The Consultant shall maintain separate costs for each project and shall identify the costs specific to each project.

The work to be performed under this contract shall include:

SEE ATTACHED
1 EXHIBIT “A”

SCOPE OF SERVICES

PROJECT BACKGROUND, DESCRIPTION, AND LOCATION
The City of Lancaster (City) intends to convert the Lancaster Municipal Stadium (formerly known as The Hanger) from a Baseball Stadium to a Soccer Stadium.

The City is requesting proposal s to provide Architectural and Engineering (A /E) services to prepare Construction Documents for the Lancaster Municipal Stadium Renovations.

With the departure of the Lancaster Jethawks, the City has been searching for a new use for the Lancaster Municipal Stadium (Stadium) . In partnership with Antelope Valley Soccer, Inc., the City will once again offer an opportunity for the community to unite , this time, in support of professional soccer. The City will be converting the 4,600- seat baseball stadium to a 5,300- seat soccer stadium for a new USL team. Phase 1 will include the following:

• Demolition of batting cages, dugouts, and portions of existing stadium seating • Installation of modular standing bleachers and loge seats on the west and south wings of stadium
• Installation of modular standing bleachers for the east side of the soccer field • New Supporters Section standing terraces and canopy for the north side of the soccer field
• Conversion of baseball infield to artificial turf soccer pitch • Access around the field (pedestrian and vehicle)
• LED light upgrades
• Food truck area, berms, and access
• Upgrade to Landscaping and Irrigation

It is anticipated that Phase 2 and later phases will include:
• New Stadium Facility Name Signage
• Upgrade of Suites and Support Areas
• Pitch Village
• Beer Garden
• Family Zone
• Replacement Scoreboard
• Batter’s Screen Conversion to new Marquee
• North Restrooms and Concessions
• East Restrooms and Concessions

This work shall include all research, studies, surveying, utility coordination/mapping, etc. required to prepare Construction Documents for demolition and construction plans, conduit and fiber extension plans , grading plans, building plans (architectural, structural, mechanical, electrical, 2 plumbing, fire safety, etc.), construction details, diagrams, exhibits, special provisions, and construction cost estimates. This work shall also include all other work necessary to coordinate, verify and supplement utility services for Phase 1 of the project and provide for occupancy , including but not limited to plan check and permitting with Lancaster Building & Safety, Antelope Valley Air Quality Management District, Los Angeles County Waterworks Districts, LA County Fire Department, Southern California Edison, LA County Health Department, etc.

GENERAL SCOPE OF SERVICES
Consultant shall provide Construction Documents for the scope of work outlined herein and within the City’s available budget. As budget allows, Consultant shall future proof Phase 1 for Phase 2.

Basic services may include, but are not limited to, the following:

• Site survey services;
• Architectural services;
• Landscape architectural services including minor grading and drainage design to accommodate conversion, food truck area, berms, and access; • Structural engineering services;
• Mechanical and plumbing engineering services;
• Electrical / fire alarm engineering services;
• Low voltage / technology engineering services;
• Fire sprinkler / public water mainline engineering services including easement (as necessary);
• Lighting design services including photometric LED light study; • Civil engineering services including site improvements, grading and accessibility; • Code and accessibility compliance;
• Energy Management;
• Interior design (e.g. fixed finishes, furnishings, furniture, and equipment); • Cost estimating services;
• Design of new Supporters Section standing terraces and canopy for the north side of the soccer field;
• Consult with USL preferred modular stadium designer;
• Integrate recommendations for wind study to be prepared by others; • Future proofing, as budget allows, for Phase 2
• Other design and engineering services as normally and reasonably required for a project of this size and scope;
• Support services during Bidding and Construction

Renovation and conversion include, but are not limited to:

• Demolition of the existing structures to accommodate for new improvements. a. Seating
i. Demolish partial west and south grandstands
ii. Demolish both dugouts

3 • Construction of the new improvements including but not limited to:
a. Seating
i. New west seating on-grade (CIP concrete risers, armchair seats) ii. New west seating at existing dugout
iii. New south endzone seating on- grade (CIP concrete risers, armchair seats)
iv. New south seating at existing dugout
v. New north end Supporters' standing terraces (Aluminum grandstand terraces & foundations)
vi. New east grandstands (Aluminum grandstands w/ individual seats & fdns.)

b. Field level
i. New supporters' section restrooms (Services for portable) ii. Supporters' Section - TIFO rigging, bars, canopies, branding iii. East grandstand restrooms (Services for portable)
iv. Field level concourses accessibility / sidewalks on east, north, and south v. Field level concourse lighting
vi. Landscape and Irrigation upgrades
vii. Grass berms & lawns

c. Concourse level
i. Concourse structure extension down west side
ii. Camera platforms on west side
iii. Wind break fence or wall on west side

d. Site Work
i. General Site Demolition & Clearing
ii. Site Utility Alterations/Extensions
iii. Excavation & Grading
iv. Site Landscaping
v. Replace Turf with new Synthetic Turf (cool top)
vi. Field Lighting Alterations
vii. Demolish Batting Cages
viii. Address Storm Drainage with existing sump pump systems

e. Other Improvements
i. Static field ad boards on 50% of perimeter
ii. New Wayfinding Signage & vinyl graphic scrims at new expansions

It is anticipated that Phase 2 (not included in this contract) will include:
a. Seating
i. New west loge seats
ii. New south endzone loge seating
iii. Field Seats
iv. Optional roof canopy over all east stand seating
4 b. Field level
i. New supporters' section restrooms
ii. East grandstand restrooms
iii. East concourse / outdoor Biergarten
iv. East concession stands for general seating w/ FS equipment v. Corner kick club (northeast corner)

c. Concourse level
i. Food plaza on west side
ii. 9 retrofitted shipping containers for concessions / food plaza iii. West side club / tent structure
iv. West concourse and food plaza lighting

d. Site Work
i. Roads & Walkways

e. Other Improvements
i. New Video Scoreboard
ii. New LED Sideline Runners - 1 @ 3'x342', 2 @ 3'x200' iii. Other Low-Voltage Systems Upgrades (WiFi, Audio, Broadcast, etc.) iv. Portable food carts for new north and east stands
v. Convert Batters' Screen to new marquee
vi. Paint exterior of existing stadium structure

Phase 2 design and later phases will be awarded and completed under separate contract.

The Principal Architect shall assemble and lead the architectural and engineering design team needed to perform all tasks detailed herein and shall include , as a minimum, the following team members licensed in the State of California: A rchitect, Civil Engineer, Structural Engineer, Electrical Engineer, Mechanical Engineer, Landscape Architect, and any other specialty discipline designer required.

The Principal Architect will need to consider future work in the design of Phase 1 and shall include accommodations for Phase 2 that minimize disruption, redundancy, and waste required in Phase 2 with the Phase 1 design. The Principal Architect will also need to consider constraints such as existing service capacity (sewer, water, electricity, etc.) right of way, existing physical improvements, utilities, circulation, parking, park operations, and adjacent properties.

The Principal Architect shall be responsible for final design of all elements of the project. The Principal Architect shall also be responsible to identify all utilities and utility easements that may interfere with the project and coordinate the design of any required utility relocations, new and/or supplemental services.
5 The scope of work for this project is to provide Phase 1 Construction Documents. Limited Schematic Design, and abbreviated Design Development (DD) services shall only be provided to the extent needed to produce Construction Documents from Conceptual plans prepared by ODELL Architects (attached herein for reference). The scope of work for this project shall also include City and other Agency approvals for plan check, permitting, construction and Occupancy ; Phase 1 Bidding Services and Phase 1 C onstruction Support. The Consultant shall perform all studies, surveys, assessments, clearances, and calculations needed for Phase 1 construction.

A detailed outline of the scope of work by Task is included below.

Milestone tasks and Schedule are included herein (Schedule). Payment terms and Fees by tasks and sub-tasks are included in Exhibit “B” (Term, Payment and Time for Commencement and completion Clause).

ITEMS TO BE PROVIDED BY THE CITY

The following items shall be provided by the City and are attached herein for reference:
• Copies of all stadium record drawings within the City archives • Conceptual Plan by ODELL Architects
• Infrastructure record drawings for City infrastructure in Avenue I, Valley Central Way, and Double Play Way, within the City archives.

DESIGN STANDARDS AND CONSULTANT EXPECTATIONS
This project is a local funded project and shall comply with all applicable City, County, State and Federal regulations.

The proposed improvements shall, at a minimum, follow the City of Lancaster Municipal Code , adopted Building Codes, Engineering Design Guidelines Policies and Procedures Manual , and City Policies.

Wherever the City guidelines are absent of the latest industry updates, standards or details, Consultant shall utilize the latest Building Codes, Standard Specifications and Plans for Public Works Construction (“Green Book”), and the Los Angeles County Department of Public Works Design Standards. Wherever there is a conflict in design standards, Consultant shall submit a clarification in writing to the City Project Manager (PM) for direction and approval. In most cases, the more stringent design standards shall apply.

The Consultant shall provide to the City deliverables in hardcopy and electronic format as detailed in the City’s Standards for CAD Deliverables. All drawings shall be prepared in AutoCAD. 6 All plans and exhibits generated shall be for the renovation, however, all existing conditions to remain, to be modified, to be relocated, and/or to be replaced shall be dually noted with the intent that, upon project completion, the Consultant will provide the City with a complete as -built plan for the entire property and all facilities.

In addition, the Consultant shall coordinate and work with the following City Divisions and Departments during design: City Engineering Division (primary), Community Development Division ( Planning Section and Traffic Engineering Section), Real Estate and Economic Development Division ( Building and Safety Section ), Parks, Arts, Recreation & Community Services (PARCS) Department, Public Safety Department , and Information Technology (IT) Department. The City’s Project Manager shall be the main point of contact. Any correspondence between Consultant and City employees, other than the PM, shall be copied same day to the PM as well as in the final deliverables.

PROJECT PERSONNEL

The Principal Architect shall assemble and lead the architectural and engineering design team needed to perform all tasks detailed herein and shall include, as a minimum, the following team members licensed in the State of California: Architect, Civil Engineer, Structural Engine er, Electrical Engineer, Mechanical Engineer, Landscape Architect, and any other specialty discipline designer required.

ADDITIONAL INFORMATION
The Consultant shall establish and apply internal accounting methods and procedures acceptable to the City for documenting and monitoring contract costs. The Consultant shall submit a consolidated monthly invoice in a format acceptable to the City and broken down in a manner consistent with Exhibit “B”.

The Consultant shall include with the monthly invoice a progress report that reflects the work completed within the invoice period. Payments to the Consultant are to be in arrears. The Consultant must have actually incurred and paid expenses prior to invoicing the City.

The City shall make progress payments per the completed tasks detailed in Exhibit “B,” Form B, submitted by the Consultant. The Consultant shall generate an invoice that details the specific 7 units completed with a cost breakdown with hourly rates for each field function, shall provide sufficient back up to verify expenditures claimed and c onsistency with fee grids by task , with progress report describing work completed during the invoicing per iod, delay details if schedule is slipping, how the Consultant will recover the schedule to meet the contract completion date, and work to be completed in the next invoicing period.

The invoice must include a summary table that details the total contract price, previously paid, current invoice amount, and remaining balance.

Consultant shall not start work prior to receiving Notice to Proceed. The Notice to Proceed shall be issued in writing once the insurance documents are submitted and approved and a Professional Services Agreement has been executed.

Consultant shall not perform additional work without written authorization from the City of Lancaster PM. Written Authorization shall come in the form of an Additional Authorization.

DETAILED SCOPE OF WORK
Listed below are tasks and requirements that the Consultant is expected to perform and meet on this project. It is not intended that the tasks listed are the only tasks required. Each consultant should, based on their expertise, consider other tasks that are required to deliver and achieve the purpose and goals of the project complete.

TASK 1 PROJECT MANAGEMENT
Perform all project management, scheduling, quality control, and quality assurance tasks necessary to maintain the project schedule, budget, and a high-quality set of deliverables to the City.

The Consultant shall schedule bi -weekly meetings (in person, web, or conference call) with the City and design team to provide feedback during the project; maintain schedule; provide a single PM/PE to coordinate with City Capital Engineering PM, other City Departments/Divisions, each task lead/designer, utilities, etc. to deliver a complete consolidated plan set and specification sections that are consistent and do not conflict between improvements; and imple ment QA/QC measures. Consultant must provide quality assurance and control of documents prior to each submittal.

The Consultant shall prepare and distribute the agenda and associated materials minimum 24 hrs in advance of each meeting, and prepare action item minutes following each meeting.

The Consultant shall prepare and review all necessary legal documents, insurance certificates, correspondence, invoices, and associated materials necessary for the successful execution of the contract.
8 1.1 Meetings
o KICK-OFF MEETING
Kick-off meeting shall be held shortly after the issuance of the Notice to Proceed, via Zoom or Teams meeting. The City PM and stakeholders shall provide information, guidance, and answer questions. This meeting shall serve to establish project requireme nts and to document input in developing the final design and construction documents. The meeting shall also be used to clarify the lines of communication and other administrative details.

O PROGRESS MEETINGS
For the basis of Proposal, the Consultant shall assume bi -weekly progress meetings for each design phase, via Zoom or Teams meeting with City PM to review progress and obtain direction, assume 2 progress meetings per month. The Consultant shall maintain a list of action items with projected completion dates and shall include progress updates at meetings and with invoice. The Consultant shall send current action item list via email to the City PM no later than two (2) working days following each progress meeting.

O ADDITIONAL MEETINGS

The Consultant shall organize additional meetings, as required, to complete the project.

Additional meetings include, but are not necessarily limited to, meeting with other agencies such as government agencies and utility companies. Cost for additional meetings shall be included in the not to exceed contract amount. No separate payment shall be made.

1.2 Project Management
Consultant shall prepare and maintain a detailed critical path project baseline schedule with subtasks for all deliverables submitted to the City prior to the first invoice and submit with monthly written project status update reports throughout the duration of the project. In addition to the monthly schedule update, Consultant shall provide a report with measurement of project performance by the use of Earned Value Method. The monthly reports are critical to forecast resource needs and ensure the appropriate staff and support services are available, when needed, to deliver the project on schedule and within budget . Consultant shall notify the PM of any scope, schedule or budget issues that may arise.

The Consultant shall provide all applicable documentation, mapping, plans, forms, and specifications to the City that facilitate successful submittal and approval of primary stakeholders: the Antelope Valley Soccer, Inc. and City of Lancaster PARCS Department. 9 1.3 Quality Assurance & Quality Control
Consultant must provide quality assurance and control of survey, design plans, and estimates prior to each submittal. This task is required to verify that no unsafe design changes have been made or proposed, layout has not been critically altered, improvement goals are being met, economy of project is maintained, plans are consistent across improvements, there are no conflicts between trades, and construction integrity of the design is ensured.

1.4 Permits
The Consultant shall be responsible for determining which permits and agency approvals are required for construction and occupancy. Consultant shall prepare for the City's signature any required permits from Local, State or Federal agencies and other entities. The Consultant shall coordinate; obtain government agency and/or utility permits, agreements, and/or approvals , and incorporate permitting/agency requirements into final Contract Documents.

Consultant shall prepare all supporting calculations, studies, reports and/or forms required for City of Lancaster building plan check and permitting and any other agency plan check and permitting required for construction and occupancy . Consultant shall submit plan check packages to the City Building & Safety Section and any other agencies , revise packages and resubmit, as required, to obtain approval for permit issuance, plan approval, and/or occupancy.

City of Lancaster plan check and permitting fees shall be “no fee.” Outside agency fees shall be the responsibility of the A/E firm and shall be included in the Exhibit “B,” Form B, Cost Proposal; no separate payment shall be made.

1.5 Deliverables
a. Meeting Minutes and Action Items Lists
b. Monthly Reports (Project Baseline schedule & Monthly Updates) c. Record of Coordination Calls
d. Emails
e. Correspondence
TASK 2 RESEARCH AND UTILITIES

2.1 Research
Consultant will research the project in order to prepare construction documents. The investigation will be comprised of readily available record plan and utility research and field investigation.
10 2.2 Utilities
The Consultant shall identify and positively locate all utilities in accordance with underground utilities to determine the depth for clearance and connection points or conflicts for any underground improvements, such as gas lines, sewer lines, storm drains, water lines , etc.

Research all existing utilities (including dry utilities) on the Lancaster Stadium property by submitting Utility Notification Letters with vicinity map exhibits that provides the location for this project. Consultant shall field verify the utility locations represented on these maps and obtain all updated maps from all utility companies including any other utilities not provided by City or mentioned.

The City will not print Utility Notification Letters on City letterhead for the Consultant nor will the City intercede on the Consultant’s behalf to reduce/eliminate costs associated with utility research/coordination. The Consultant shall include all costs for Utility research/coordination in the not to exceed cost proposal, complete. The City will provide Word document template Utility Notification Letters to be used with Consultant letterhead upon request.

The Consultant shall identify on-site services and contact utility companies, as well as identify off-site utilities, including, but not limited to, the following:
• AT&T service
• Charter Communications (Spectrum) service
• Conterra Networks service
• Frontier Telecommunications service
• City of Lancaster Storm Water collection and disposal • City of Lancaster Local Sewer collection and disposal • LA County Sanitation District service and distribution • LA County Waterworks Districts service and distribution • Southern California Edison (Transmission, Distribution, and Telecommunications) service and distribution
• Southern California Gas service and distribution
• Sprint services
• Site Drainage
• Fire Systems
• Site illumination
• Any Central-plant mechanical systems
• Other services and utilities
Consultant shall confirm location, size and adequacy of utilities serving the site, determine requirements for connection to utilities, plan for off-site utility extensions and facilities, and design off-site utility extensions and facilities.
11 2.3 Incidental Research
The Consultant shall perform minor incidental research that may be necessary for the project and design.

2.4 Deliverables
1) Research and Utilities
a) Utility Letter Notifications sent to Utility agencies and Copies of Utility record maps/plans (not provided by City) from Utility agencies (Word doc and PDF) b) Utility Base Map, Digital and Physical Copies
c) Report of existing utility services and availability d) Copies of all incidental research documents (not provided by City) TASK 3 CONSTRCUTION DOCUMENTS
Limited Schematic Design, and abbreviated Design Development (DD) services shall only be provided by the Consultant to the extent needed to produce Construction Documents referencing Conceptual plans.

3.1 Design Development (DD)

3.1.1 Meeting

Conduct an interdepartmental design development meeting to begin the construction documentation process.

3.1.2 Topographical Mapping and Surveying

Provide a completed site survey for the entire stadium site.

3.1.3 Submittal Book Supplement

Based on this scope of work and the conceptual plans by ODELL Architects , prepare a submittal book supplement for the Project showing at minimum: preliminary cost estimate, references/catalog cut sheets for materials and equipment, proposed construction method for structures and facilities (stick built or prefabricated), and cost benefit analysis for three (3) design concepts.

3.1.4 Preliminary Cost Estimate

Prepare the preliminary cost estimate to include the proposed improvements and present a plan for the preferred design concept. Include a list of prioritized additive alternates, additional services, allowances for change orders and City administration, and other items as reviewed by City staff.

12 3.1.5 35% Construction Documents

Based on the comments received and preferred design concept selected, prepare the preliminary 35% construction documents including plans, outline specifications (in CSI format) , and refined cost estimate.

Deliver one (1) PDF of plans and outline specifications with cost estimates to the City. The City staff will require a minimum of two (2) weeks for review of the 35% construction documents.

3.2 Construction Documents (CD)

3.2.1 Geotechnical Investigation

A geotechnical engineer shall conduct a site visit to verify existing site conditions and limitations.

The project may require a full geotechnical report substantiated by a drilling program, the geotechnical engineer shall research available literature for geomorphic, seismological and geotechnical data available in the area, complete a drilling program, perform laboratory testing and soil analysis and prepare a feasibility foundation report to support design as needed.

Provide geotechnical evaluation of existing soils as warranted for playground, grading, foundation design, etc. Submit reports to City staff and inc orporate recommendations into the 75% construction documents.

3.2.2 Utilities Investigation and Coordination

Coordinate with the utility companies and generate a preliminary utility relocation plan.

3.2.3 Design Intent

Prepare cross‐section(s), rendering(s) and an enlarged plan of the stadium improvements as necessary to demonstrate the final design intent. Provide image boards of the proposed improvements included in Phase 1. Provide electronic images of the plans on compact disk and/or thumb flash drive to the City, which can be printed by the City in various sizes for public distribution and display.

3.2.4 75% Construction Documents

Based on comments received, prepare 75% construction documents including plans, specifications, and refined cost estimate.

Deliver one (1) PDF of plans and draft specifications (in CSI format ) to City. Prepare detailed cost estimates for all improvements as per City recommendations. City staff will require a minimum of four (4) weeks for review of 75% construction documents.

13 3.2.5 Meeting (75% Review Comments)

Conduct interdepartmental review sessions to review City comments , assess probable cost of construction vs available budget, and refine scope and cost estimate to get project back within available budget (as needed).

Any revisions to 75% cost estimates and/or re-design required to bring project back within available budget and within scope shall be at no additional cost to the City.

3.2.6 100% Construction Documents

Based on comments received, prepare 100% construction documents including plans, specifications, and detailed estimate. Plans will be prepared to allow for deductive and additive alternates, as necessary.

Deliver one (1) PDF of plans and final specifications (in CSI format) to City. City staff may require a minimum of four (4) weeks for review of 100% construction documents.

3.3 Specifications
The City shall prepare the main body of the specifications (boiler plate); specifications expected from the Consultant shall be limited to Special Provisions beyond the City’s boiler plate sections, technical details, cut sheets and written specifications beyond those provided. Draft specifications shall be provided with plan submittals in CSI format as noted in Tasks 3.1 and 3.2.

3.4 Cost Estimates
The Consultant shall compile and prepare the Cost Estimate s based on all biddable construction items identified in the design package and consistent with the latest City bid forms. The estimated quantities shall be arranged and grouped as agreed with the City PM.

Computations showing estimated quantities and costs for each location of work, as well as the sum totals, shall be submitted to the City. Cost Estimates shall be provided with plan submittals as noted in Tasks 3.1 and 3.2. Quantities and costs shall be updated and in agreement with each plan submittal.

3.5 Deliverables
See items in Sections 3.1 through 3.4 herein.

14 TASK 4 BIDDING AND CONSTRUCTION ENGINEERING SUPPORT SERVICES

4.1 Bid Support
Assist City staff in bidding process as required, including answering questions from bidders and assisting in the preparation of Addenda.

4.2 Submittals
Review and process all shop drawings and submittals required by technical specifications.

4.3 Site Reviews
Provide site reviews and prepare reports on construction progress and quality with recommendations for correction of any deficiencies (approximately four (4) field meetings).

4.4 Change Orders
Assist in preparing technical portions of change orders and sign off on Technical portion of Change Order memoranda.

ADDITIONAL SERVICES NOT INCLUDED
Services other than those set forth in this exhibit shall constitute extra services. Extra services including, but are not limited to, attendance at meetings other than those included in the Scope of Services, additional plans, topographic survey, etc. shall be considered additional services and will be performed only with written authorization from the City and for additional fees to be negotiated prior to authorization.

SCHEDULE

In order to preserve meet building occupancy schedules, time is of the essence. The City intends to contract with the consultant by January, 2024, or soon thereafter. The consultant shall begin the design phase as soon as the contract with the City is executed.

Milestone schedule shall be as listed below:

MILESTONES DATES*
Submittal Book Supplement February 2024***
35% Submittal February 2024***
75% Submittal March 2024***
100% Submittal April 2024
Stamped and Signed Construction Documents April 2024**
15 Permits Issued May 2024
Bid Advertisement May 2024
Award Construction June 2024
Start Construction July 2024
End Construction January 2025
FFE Install February 2025
Occupancy March 2025

* City and Stakeholder’s review periods shall be as noted per Task; no additional time will be awarded for allowable time with City.
** Minimum 2 weeks prior to advertisement.
*** Anticipated dates included, Consultant to provide baseline schedule dates to be approved by the City.

Detailed Gantt chart provided by Consultant and included herein shall be updated every two weeks.

Any delays in critical path items that cannot be absorbed shall be brought to the City Project Managers attention immediately. Milestone schedule and Gantt chart shall be amended at the sole discretion of the City.
©2022 ODELL Associates, Inc., All Rights Reserved.

USL Lancaster: Existing Demo

USL Lancaster: Aerial Southwest
Seating Legend
Existing Seats:

Lower Bowl: 2,761
Upper Bowl: 1,578
Suites: 156
Existing Total Seat Count: 4,495
Demo:

West: -835
South: -995
New Seats:

West Extension: 758
South Extension: 632
East Stands: 936
North (Supporter) Stands: 300
New Total Seat Count: 5,291
Legend
1 Multipurpose Field
2 West Stands Expansion
3 South Stands Expansion
4 Pitch Village
5 Beer Garden
6 East Grandstands
7 Supporters Section
8 Family Zone
9 South Berm
10 North Restrooms/Concessions
1 2
3 4 56
7 8
9 12
11 11
East Restrooms/Concessions
West Berm
12 10
N
©2022 ODELL Associates, Inc., All Rights Reserved.

USL Lancaster: Aerial Southwest

USL Lancaster: Aerial Southeast

USL Lancaster: Aerial Northwest

USL Lancaster: Aerial East Beer Garden

USL Lancaster: Aerial South Family Zone and Cornerkick Berm

USL Lancaster: Perspective South Family Zone and Cornerkick Berm

USL Lancaster: Perspective New West Stands

USL Lancaster: Perspective Sky Box

USL Lancaster: Aerial Supporters Section

USL Lancaster: Field Level Plan Diagram
Numerical Legend
1 Restrooms
2 Concessions
3 Existing Locker Rooms/Utilities
4 Aluminum Grandstands
5 Concrete Grandstand Extensions
6 Soccer Pitch
7 Loge Boxes
8 Food Truck Parking
9 Outdoor Light Grid
10 Grass11
Beer Garden
Berm
12 1
1 2
3 3
3 4
4 5
5 6
7 7
8 8
8 9
10 10
11 11
11 11
11 12
Tent Canopy13 13
3 Concourse Legend
No Change
New Construction
Existing Concourse
New Concourse
Existing Scoreboard14
Graphic/Advertising Marquee15
14 15
Existing Stadium Light Poles16
16 16
2 ©2022 ODELL Associates, Inc., All Rights Reserved.

USL Lancaster: Concourse Plan Diagram
Numerical Legend
1 2
3 4
5 6
7 8
9 10
11 12
3 3
3 4
4 5
5 6
7 7
8 8
8 9
10 10
11 11
11 11
11 12
13 13
3 Concourse Legend
No Change
New Construction
Existing Concourse
New Concourse
14 15
14 15
16 16
16 Restrooms
Concessions
Existing Locker Rooms/Utilities
Aluminum Grandstands
Concrete Grandstand Extensions
Soccer Pitch
Loge Boxes
Food Truck Parking
Outdoor Light Grid
Grass
Beer Garden
Berm
Tent Canopy
Existing Scoreboard
Graphic/Advertising Marquee
Existing Stadium Light Poles

LANCASTER MUNICIPAL

STADIUM RENOVATION
7 Kimley Horn
Civil Engineer, Surveying
Field and Turf

SUBCONSULTANT TEAM
Englekirk / WSP
Structural Engineer
Earth Mechanics
Geotechnical Engineering
TK1SC / WSP
Mechanical Engineering
Electrical Engineering
Andrzej Czech
PIC / Project Manager Margot Jacobs
Landscape
Design Lead
B
ill Glauch
Project Architect /
PermittingAlvin Cheung
Project Designer

NBBJ TEAM

3. Qualifications and Experience of
Management Team and Key Personnel
ECG
Surveying
NBBJ
Landscape Design

LANCASTER MUNICIPAL

STADIUM RENOVATION
14 35% SubmittalSubmittal Book Supplement
• Equivilant o f Construction
Documents
• Begin De
velopment of
Final Selected Concept
from previous phase
• Spec
fication outline
• Cost estimate update
• Geotechnical and
surv
ey review
• R
eview with City
• Coor
dination with site
utilities and company that
supply the site
•
Dr
awings to be included
(but not limited to) -
plans, sections elevations
•
R
enderings included as
internal conceptual
• Pr oject Kick-off and Process
Design Workshop
• Pr
oject Visioning and principals
• Bi-
Weekly workshops (owner/NBBJ)
• Establish schedule o
f permitting
• Full team cr
oss coordination
quality control
• R
eview concept design
(owner provided)
• De
velope 3 concepts, based on the
project scope of services - varring
differences from previous concept
•
Scope, space pr
ogram,
infrastructure / building
systems criteria (MEP)
•
R
eview current infastructure
and select engineering systems
• pr
eliminary cost estimate
• initial material selections
• structur
al recommendations
for construction
• geotechnical and surv
ey initiated
• scan o
f existing facility and BIM
model initiated
The proposal schedule outlined in the project RFQ
description, is the most challenging aspect of this project.

It will take clear concise communication and a structured kick-off meeting that aligns all stakeholders in a schedule consensus. The Design team understand the need for
occupancy in March of 2025, and is tasked with success.

This project will take a bit of an unconventional approach to the document set, due of the schedule. Rather than a standard design phases outlined by the AIA, the team is proposing a single BID Document / Permit Phase (after a concept option at the end of January 2024 is selected), with appropriated phases – 35% / 75% / 100%. During
the Submittal Book Supplement, geotechnical and survey
services will be performed. At the conclusion of 100%
Permit / Bid Documents, an overlapped process of permitting with the City of Lancaster (design team) and the Bid
Advertisement, Bidding, and Contract Award (owner, assist from the design team) will occur – rather than sequentially phase those steps. The design will provide Construction Administrative and Project Close-out, which would consist in Certificate of Occupancy, Record Drawings, and turn-over.

NBBJ’s track record on managing schedules, is the
differentiator. Internally, we call it “appropriate haste” – as we want to make the right decisions while moving at pace.

This process goes back to our clear concise communication and stakeholder transparency. T ools, like our decision matrix, process design, and structured meeting organization, are all utlized on many of our successful phase projects with challenging construction requirements.

Executive T eam
Design T eam
GC OnboardBid Ad. GC Bidding Any Design-Assist
Trade Partners Onboard
Feasibility Study
Program Verifi-
cation
Notice to Proceed
Final Concept Selected Milestone
Milestone
Milestone
Final Permit Package
Pre-Reviews w/ City
Submittal Book
Supplement
35% Submittal -
Permit Set / Bid
Documents
75% Submittal -
Permit Set / Bid
Documents
100% Submittal -
Permit Set / Bid
Documents
Permitting / Bid
Advertisement /
Contract Awarded
Construction
Administration
Project Close-out
Meeting Cadence
35% Submittal -
Permit Set / Bid
Doc.
75% Submittal -
Permit Set / Bid
Doc.
100% Submittal -
Permit Set / Bid
Doc.

Permitting
Bid Ad. / Contract Award
Construction
Submittal Book
Supplement
Survey / Geotechnical

JAN FEB MAR APR MAY JUN JUL
2024
75% Submittal 100% Submittal Permitting / Bid Ad. /
Award Construction
• Equivilant o f Construction
Documents
• Spec
fication draft
• Cost estimate update
• R
eview with City
• Continue
coordination with
site utilities and company
that supply the site
• R
efine floor plan, site plan,
sections, elevation
• Begin to
work on details
• An
y prefabrication systems
selection process
• Finaliz
e exterior finishes
• Interior
finishes (if any)
• Q
A/QC Process
• Final alignment o f scope,
budget, and performance-
based strategies
•
P
eer review, QA/QC Process
• P
ermit packages initiated
• Site mak
e-ready (if req.)
• Site Gr
ading / Site Utilities
• Under
ground Utilities
• Foundation
• Super
structure
• De
velop details with trade
partners
• R
efine Specifications with
owner, consultants, &
GC/trade partners
•
Final code compliance ener
gy
modeling
• BIM Clash Detection
• Final specif
cations
• R
eview with City
• Final cost estimate
• Pr
ogram and quanties
summarized in breakout
• Begin the pr ocess of
permitting with the City of
Lancaster
•
Plan check, permitting,
construction and
occupancy
•
City Building and S
afety
• Support the o
wnership in
the bidding advertisement
• Ans
wer pre-bid
qualification questions
• Support the o
wnership in
any final criteria selection
of the GC
•
C A process workshop
• Establish pr
otocol to
streamline RFI’s
• O
AC meetings
• Field
site visits
• Change or
ders
• Quarterly pr
ocess
assessment workshops
• R
egular updates to
executive team
• Shop dr
awings &
submittals review
• Determine timing o
f
phased punch-list
• R
ecord drawings
Any Design-Assist
Trade Partners Onboard
FEE Preperation
Building
OccupancyFE&EConstruction
Project Close-out

AUG SEP OCT NOV DEC JAN FEB MAR
2025
PW-125 (1/14)
EXHIBIT "B"

TERM, PAYMENT AND TIME FOR COMMENCEMENT AND COMPLETION CLAUSE Term
This Agreement shall become effective and shall be in full force and effect upon the execu tion of the Agreement by the City and the CONSULTANT. This Agreement shall continue in full force and effect for a period of two (2) year from the effective date of the Agreement (the “Term), unless the Agreement is sooner terminated in accordance with the Te rms and Condition s in the Agreement; p rovided, however, that the City and the CONSULTANT may mutually agree in writing to extend the Term of this Agreement.

Payment
The City of Lancaster shall reimburse the CONSULTANT for actual costs, including labor costs and employee benefits incurred by th e CONSULTANT in performance of the work, in an amount not to exceed $1,630,180.00. Actual costs shall not exceed the estimated wage rates an d other costs as set forth in the CONSULTANT’S proposal. Source documentation supporting billed costs must be submitted with invoice. CONSULTANT shall provide a cost breakdown with hourly r ates for each office and field function in th e event th at additional work is required beyond th e not to exceed amount specified above. Any additio nal work will require a separate Author ization for C onsultant Services signed by both parties.

CONSULTANT will be reimbursed, as promptly as fiscal procedures will permit, u pon receipt b y the City of itemized inv oices. In voices shall be submitted no later than forty -five (45) calendar days after the performance of work for which CONSULTANT is billing. Invoices shall d etail the work performed on each milestone, on each p roject, as applicable. In voices shall follow the format stipulated for the Cost Proposal and shall reference this contract number an d project title. Final invoice must contain the final cost and all credits due City. The final invoice should be submitted within sixty (60) calendar days after completion of CONSULTANT’s work.

Consultant shall not be reimbursed for actual travel expenses incurred in the performance of the work.

Time for Commencement and Completion
CONSULTANT shall commence p erformance of the work no later than three (3) calendar days following issuance of Notice to Proceed. I t is anticipated th at perform ance of the work will be completed within fifteen ( 15) months from com mencement. In no event shall perf ormance of the work be completed later than fifteen (15) months from commencement without the prior written authorization of the City. If Consultant fails to complete the work in this time period, City may avail itself of any and all remedies provided for in this Agreement.

Andrzej Czech, Principal

NBBJ, LP

LANCASTER MUNICIPAL

STADIUM RENOVATION

Fee Worksheet February 1, 2022

Fee Total Submittal Book
Supplement 35% Submittal 75% Submittal 100%
Submittal Bid/Award Construction
Administration
Record
Documents Proposal
Basic Services Consultant
Architect NBBJ 1,010,820 62.0% 160,100 137,440 137,440 137,440 72,800 322,400 43,200 $ 1,010,820.00 Structural Englekirk 86,000 5.3% 12,000 18,000 42,000 2,000 12,000 $ 86,000.00 MEP TK1SC 142,000 8.7% 14,300 26,000 26,000 26,000 14,200 35,500 $ 142,000.00 Civil Kimley-Horn 300,000 18.4% 57,000 71,500 71,500 71,500 10,000 18,500 - $ 300,000.00 Geotechnical Earth Mechanics 52,860 3.2% 52,860 - - - - - - $ 52,860.00 Survey ECG 38,500 10,000 18,500 10,000 $ 38,500.00 Subtotal 1,630,180 294,260 265,440 252,940 276,940 99,000 388,400 53,200 1,630,180 Fees by Phase

ASHE CENTER SEISMIC IMPROVEMENTS
University of California, Los Angeles Project No. 908734.01

REV-0 EDPA-STD 09/02/08 Exhibit B
Design Professional Rate Schedule for Additional Services - 1

EXHIBIT B
TO THE

EXECUTIVE DESIGN PROFESSIONAL AGREEMENT

DESIGN PROFESSIONAL RATE SCHEDULE FOR ADDITIONAL SERVICES

TITLE RATE
Partner $425 / Hour
Principal $325 / Hour
Project Manager $280 / Hour
Project Architect $230 / Hour
Architect $180 / Hour
Job Captain $170 / Hour
Intern $120 / Hour

DocuSign Envelope ID: 9352FB30-9F03-47DA-933B-2CA9F3BE5F80

STAFF REPORT
City of Lancaster
CC 26
12/12/2023
JC
Date:December 12, 2023
To: Mayor Parris and City Council Members
From: Marissa Diaz, Director of Public Works
George N. Harris, Director of Finance
Subject:Amendment to the Adopted Budget and Capital Improvement Program for Fiscal Year 2023-2024.

Recommendation:

Adopt Resolution No 23-XX, authorizing an amendment to the adopted Budget and Capital Improvement Program for Fiscal Year 2023-2024.

Fiscal Impact:

Approval of the amendment to the adopted Budget and Capital Improvement Program for Fiscal Year 2023-2024 would result in an increase in appropriated Capital Improvement Program expenditures totaling $37,486,632.

Background:

Since adoption of the Budget and Capital Improvement Program for the Fiscal Year 2023-2024 in June 2023, staff has identified some recommended adjustments to Capital Improvement Program (CIP) expenditures. The recommended amendments include appropriating new expenditures, as provided in the attachment. The recommended adjustments are in accordance with proper governmental accounting and financial practices, Council approved objectives, and restricted revenue objectives.

The proposed adjustments in Attachment A are detailed by fund, project, and phase. The total adjustments recommended result in an overall increase in appropriated Capital Improvement Program expenditures totaling $37,486,632.

Attachment:

Resolution No. 24-XX
Amendment to the Adopted Budget and Capital Improvement Program for Fiscal Year 2023- 2024, including Attachment A
RESOLUTION NO. 24-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

LANCASTER, CALIFORNIA, AUTHORIZING AN

AMENDMENT TO THE BUDGET AND CAPITAL
IMPROVEMENT PROGRAM FOR THE FISCAL YEAR 2023-
2024.

WHEREAS, the budget for the fiscal year 2023-2024 was adopted by Resolution 23-49 on June 27, 2023; and
WHEREAS, it is appropriate to amend the adopted Budget and Capital Improvement Program, in accordance with proper governmental accounting and financial reporting practices; and
WHEREAS, funds are available, as designated in the request action.

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LANCASTER AS FOLLOWS:

Section 1. The fiscal year 2023-2024 adopted Budget and Capital Improvement Program is amended as detailed in Attachment A.

PASSED, APPROVED, and ADOPTED this day of , , by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

ATTEST: APPROVED:
____________________________ ______________________________ Andrea Alexander R. REX PARRIS
City Clerk Mayor
City of Lancaster City of Lancaster
Resolution No. 24-XX

Page 2 ends

Lancaster City CouncilDecember 12, 2023

Lancaster City Council
December 12, 2023