Lancaster City Council
August 25, 2026

Tuesday, August 25, 2026
Regular Meeting –
1:30 PM
The City Clerk/Agency/Authority Secretary hereby declares the agenda was posted by 5:00 p.m. on
August 21, 2026
at the entrance to Lancaster City Hall
44933 Fern Avenue, Lancaster, CA 93534

LEGISLATIVE BODY
City Council/Successor Agency/Financing/Power Authority Mayor/Chair R. Rex Parris
Vice Mayor/Vice Chair Lauren Hughes-Leslie
Council Member/Agency Director/Authority Member Rocio Castellanos Council Member/Agency Director/Authority Member Ken Mann Council Member/Agency Director/Authority Member Cedric White To join by telephone:

Dial 661-749-2425 +input
Meeting Code:
4393

FURTHER INFORMATION ON HOW TO PARTICIPATE IN THIS MEETING

IS FOUND ON THE NEXT PAGE OF THE AGENDA

CITY OF LANCASTER, CALIFORNIA
CITY COUNCIL/SUCCESSOR AGENCY/FINANCING/POWER AUTHORITY

REGULAR MEETING AGENDA – TUESDAY , 08/25/2026
~ 1 ~

AGENDA ITEMS TO BE REMOVED
Sometimes

it

is

necessary

to

remove

items

from

the

agenda.

We

apologize

for

any

inconvenience

this
may cause you.

PUBLIC BUSINESS FROM THE FLOOR - AGENDIZED
ITEMS
Any

person

who

would

like

to

address

the

Legislative

Bodies

on

any

agendized

item

is

requested
to

complete

speaker

registration

either

before

the

meeting

or

at

the

meeting

by

using

this
link:

https://publicinput.com/E63400

.

Completing

the

speaker

registration

will

allow

for

the

City
Clerk/Agency/Authority

Secretary

and

Council

to

identify

the

agenda

item

you

would

like

to
discuss.

Each

person

will

be

given

an

opportunity

to

address

the

Legislative

Body

at

the

time

such
item

is

discussed.

Kiosks

are

available

at

the

rear

of

the

Council

Chambers

and

registration

must

be
filled

out

and

turned

in

prior

to

the

agenda

item

being

called.

We

respectfully

request

that

you

fill

out
the

registration

completely.

Following

this

procedure

will

allow

for

a

smooth

and

timely

process

for
the

meeting

and

we

appreciate

your

cooperation.

Individual

speakers

are

limited

to

three

(3)
minutes

each

unless

a

different

time

limit

is

announced.

Each

speaker’s

time

will

begin

once

their
name is called.

Consent

Calendar

items

under

the

Legislative

Body

may

be

acted

upon

with

one

motion,

a

second

and
the

vote.

If

you

desire

to

speak

on

an

item

or

items

on

the

Consent

Calendar,

you

may

fill

out

one
speaker

card

for

the

Consent

Calendar.

You

will

be

given

three

minutes,

unless

a

different

time

limit

is
announced,

to

address

your

concerns

before

the

Legislative

Body

takes

action

on

the

Consent
Calendar.

LEVINE ACT/GOVERNMENT CODE SECTION 84308
Parties

to

any

proceeding

involving

a

license,

permit,

or

other

entitlement

for

use

pending

before

the
City

Council

must

disclose

any

campaign

contribution

over

$500

(aggregated)

within

the

preceding
12 months

made

by

the

party,

their

agent,

and

those

required

to

be

aggregated

with

their

contributions
under

Gov.

Code

Section

82015.5.

The

disclosure

must

include

the

amount

contributed

and

the
name(s)

of

the

contributor(s).

“G.C.

Section

84308:

Yes”

on

this

agenda

indicates

that

the

item

is
subject to these regulations.

VIRTUAL/CALL-IN MEETING PARTICIPATION INSTRUCTIONS

CITY OF LANCASTER, CALIFORNIA
CITY COUNCIL/SUCCESSOR AGENCY/FINANCING/POWER AUTHORITY

REGULAR MEETING AGENDA – TUESDAY , 08/25/2026
~ 2 ~

Meeting Code: 4393
Phone Call-In: 661-795-2425
Members

of

the

public

may

also

participate

in

City

Council

meetings

by

calling

into

the

meeting
using

the

meeting

ID

and

number

listed

above.

Please

mute

any

background

noise

before

you

are
prompted to speak.

How to Request to Speak

1. Click

the

Register

button

for

the

upcoming

City

Council

on

our

City’s

website
at
https://publicinput.com/E63400
.

2. Complete the Speaker Registration Form.

3. Select the agenda item you wish to speak on, or choose Non-Agenda Public Comment
.

4. Submit your registration.

5. Using

the

phone

number

and

Meeting

Code

provided,

call

into

the

meeting

and

join

the

speaker
queue.

Once you have joined the call, you will be placed on the speaker waitlist for your selected item.

Important Information
•
If

you

provide

an

email

address

during

registration,

a

confirmation

email

containing

the
meeting phone number and Meeting Code will be sent to you. •
The

phone

number

you

enter

on

the

registration

form

must

match

the

phone

number

you

use

to
call into the meeting. If the numbers do not match, you may not appear in the speaker queue. •
If

you

wish

to

speak

on

multiple

agenda

items,

you

may

remain

connected

to

the

meeting.

There is no need to hang up and dial back in.
•
Speakers

attending

in

person

will

be

called

first.

After

all

in-person

speakers

have

spoken,
phone participants will be unmuted and invited to speak in the order they registered.

CALL TO ORDER
City Council/Successor Agency/Financing/Power Authority

ROLL CALL
City Council Members /Agency Directors /Authority Members: Castellanos, Mann, White; Vice Mayor/ Vice Chair Hughes-Leslie, Mayor/Chair Parris Consideration and action to excuse Mayor/Councilmember absence(s).

INVOCATION
James Gibson, Grace Chapel

PLEDGE OF ALLEGIANCE

CITY OF LANCASTER, CALIFORNIA
CITY COUNCIL/SUCCESSOR AGENCY/FINANCING/POWER AUTHORITY

REGULAR MEETING AGENDA – TUESDAY , 08/25/2026
~ 3 ~

COUNCIL ACTIONS

NEW BUSINESS

PRESENTATIONS

1. Officer Pinning Ceremony
Presenter: Rodrick Armalin, Chief of Police

2. Lancaster Loop
Presenters: Trolis Niebla, City Manager & Marissa Diaz, Director-Public Works

NB 1.

Memorandum

of

Understanding

with

the

Antelope

Valley

Union

High

School

District

and
Award

of

Design-Build

Services

–

Public

Works

Construction

Project

No.

25-008,

Marvin

E.

Crist Aquatics Facility

Recommendation(s)
:

1. Approve

a

Memorandum

of

Understanding

(MOU)

with

the

Antelope

Valley

Union

High
School

District

(A VUHSD)

establishing

the

general

framework

for

shared

use,

operational
responsibilities,

and

a

proposed

50/50

cost

sharing

arrangement

for

the

design

and
construction

of

the

Marvin

E.

Crist

Aquatics

Facility,

and

authorize

the

City

Manager,

or

his
designee, to execute the agreement and related documents.

2. Appropriate

$8,000,000.00

into

Capital

Improvement

project

string

CP11BS050.CONST
GL

84649900.8000

for

initial

project

design

services

associated

with

the

Marvin

E.

Crist
Aquatics Facility, and recognize $8,000,000.00 in revenue in GL 84649900.4900.

3. Award

a

Design-Build

professional

services

agreement

to

Bernards

Bros

Inc.,

of

San
Fernando,

CA,

in

the

amount

of

$84,786,165.00

plus

a

10%

contingency,

for

Public

Works
Construction

Project

No.

25-008

-

Marvin

E.

Crist

Aquatics

Facility

to

design

and

construct
an

aquatic

facility

and

associated

site

improvements.

Authorize

the

City

Manager,

or

his
designee,

to

sign

all

documents.

The

design-build

entity

selection

process

was

made

in
accordance

with

Chapter

4 of

the

Public

Contract

Code,

as

applicable,

and

negotiated

in
accordance with California Public Contract Code Section 6106.

4. Find that the City has complied with the California Environmental Quality Act (CEQA).

The

proposed

facility

is

anticipated

to

include

a

range

of

aquatic

amenities,

which

may
consist

of

competition

and

diving

pools,

instructional

and

therapy

pools,

and

interactive

water
features,

subject

to

final

design,

programming,

and

funding

determinations.

In

addition

to
aquatic

components,

the

project

is

expected

to

provide

supporting

administrative

offices,
instructional

classrooms,

meeting

spaces,

and

multi-purpose

rooms.

Upon

completion,

the
facility

is

intended

to

expand

recreational

opportunities,

support

aquatic

programming,

and
enhance overall quality of life for residents of the City.

CITY OF LANCASTER, CALIFORNIA
CITY COUNCIL/SUCCESSOR AGENCY/FINANCING/POWER AUTHORITY

REGULAR MEETING AGENDA – TUESDAY , 08/25/2026
~ 4 ~

PUBLIC HEARINGS
NB 2.

Grant

Agreement

with

the

U.S.

Department

of

Transportation

for

Fiscal

Year

2023

Safe
Streets and Roads for All Grant Program

Recommendation(s)
:

1. Approve

a

Grant

Agreement

with

the

U.S.

Department

of

Transportation

for

Fiscal

Year
2023

Safe

Streets

and

Roads

for

All

(SS4A)

Grant

Program

for

the

Equitable

Complete
Streets

for

Challenger

Way

Corridor

project

(Public

Works

Construction

Project

27-002)
;

and
authorize the City Manager, or his designee, to sign all documents.

2. Recognize

revenues

and

approve

the

appropriation

of

$19,652,736.00

in

SS4A

grant

funds
from the U.S. Department of Transportation for the
project.

The

planning

effort

identified

Challenger

Way

between

Avenue

I

and

Avenue

K-12

as

a
priority

corridor

for

Complete

Streets

improvements.

Recommended

improvements

include
bicycle

lanes,

wider

sidewalks,

additional

crosswalks,

and

other

active

transportation
infrastructure

to

improve

safety

and

mobility

for

all

roadway

users.

Based

on

these
recommendations,

City

staff

developed

the

project

scope,

submitted

an

application

to

the
U.S.

Department

of

Transportation's

Safe

Streets

and

Roads

for

All

(SS4A)

Grant

Program,
and was awarded funding in 2023.

NB 3.

An

Ordinance

Amending

Section

2.04.030

of

the

Lancaster

Municipal

Code

to

Establish

the
Salaries

of

the

Mayor

and

City

Council

Members

at

the

Amount

Authorized

for

General

Law
Cities By California Government Code Section 36516

Recommendation(s)
:

Introduce,

and

conduct

the

first

reading

of

Ordinance

No.

____
,

an

ordinance

of

the

City
Council

of

the

City

of

Lancaster,

California,

Amending

Section

2.04.030

of

the

Lancaster
Municipal

Code

to

Establish

the

Salaries

of

the

Mayor

and

City

Council

Members

at

the
Amount Authorized for General Law Cities By California Government Code Section 36516.

Section

203

of

the

City

Charter

provides

that

compensation

for

the

Mayor

and

each

City
Council

Member

“may

be

set,

and

from

time

to

time

may

be

changed

by

ordinance,

which
ordinance

shall

be

adopted

by

a

four-fifths

vote

of

the

Mayor

and

City

Council.”

Section

203
sets

no

dollar

ceiling,

and

the

population-based

schedule

of

Government

Code

section

36516
governs

general

law

cities

rather

than

charter

cities.

The

amount

is

therefore

committed

to

the
City

Council’s

discretion,

bounded

by

the

public

purpose

and

gift

of

public

funds

doctrine.
(Cal. Const., art. XVI, § 6.)

PH 1.

Approval

of

the

issuance

of

bonds

related

to

TEFRA

financing

for

the

Maison’s

Sierra

Phase
2 Apartments Project

Recommendation(s)
:

1. Conduct

the

public

hearing

under

the

requirements

of

the

Tax

Equity

and

Fiscal
Responsibility Act (TEFRA) and the Internal Revenue Code of 1986, as amended.

2. Adopt

Resolution

No.

____

approving

the

issuance

of

the

bonds

by

the

California
Municipal

Finance

Authority

(CMFA)

for

the

benefit

of

Maison’s

Sierra

Phase

2B,

LP

(the

CITY OF LANCASTER, CALIFORNIA
CITY COUNCIL/SUCCESSOR AGENCY/FINANCING/POWER AUTHORITY

REGULAR MEETING AGENDA – TUESDAY , 08/25/2026
~ 5 ~

CONSENT CALENDAR
“Borrower”),

to

provide

for

the

financing

of

a

multifamily

affordable

rental

housing
development

to

be

located

at

the

intersection

of

West

Avenue

H-2

and

Schamise

Street
;

such
adoption

is

solely

for

the

purposes

of

satisfying

the

requirements

of

TEFRA,

the

Code

and
the California Government Code Section 6500 (and following).

The

proposed

financing

will

support

the

development

of

additional

affordable

housing
opportunities

within

the

City,

helping

to

address

the

growing

demand

for

quality,

affordable
residential units while advancing the City's housing goals.

PH 2.

Sierra

Gateway

Neighborhood

Plan:

General

Plan

Amendment

No.

26-001,

Zone

Change

No.
26-001, Zone Text Amendment No. 26-001, Specific Plan No. 26-001

Recommendation(s)
:

1. Adopt
Resolution No. _____
, containing the following actions:
a.

Approval

of

General

Plan

Amendment

No.

26-001

changing

the

land

use

designation

of

the
plan area to Specific Plan (SP);
b. Approval of the Sierra Gateway Neighborhood Plan under Specific Plan No. 26-001; and c.

Finding

that

the

project

is

statutorily

exempt

under

the

California

Environmental

Quality
Act (CEQA).

2. Introduce

Ordinance

No.

_____
,

changing

the

zoning

designation

to

be

zoned

Specific
Plan

(SP),

known

as

Zone

Change

No.

26-001,

and

making

associated

updates

to

Title

17 of
the City of Lancaster Municipal Code, known as Zone Text Amendment No. 26-001.

The

Specific

Plan

is

intended

to

replace

the

existing

Transit-Oriented

Development

(TOD)
Zones

plan,

which

was

a

form-based

plan

interpreting

the

previous

Mixed-Use

zoning
designation,

and

to

adopt

a

new

Specific

Plan

to

allow

for

more

flexible

land

uses,

simplified
zoning,

streamlined

development

standards,

design

guidelines,

public

realm

improvements,
and implementation strategies.

CC 1.

Waive further reading of any proposed ordinance. (This permits reading the title only in lieu of reciting the entire text.)

CC 2.

Approve

the

City

Council/Successor

Agency/Financing/Housing/Power

Authority

Regular
Meeting Minutes of August 11, 2026.

CC 3.

Check Registers
–
July 26, through August 08, 2026

Recommendation(s)
:

Approve

the

Check

and

Wire

Registers

for

payments

made

July

26,

2026,

through

August

08,
2026, in the amount of $3,684,376.22 as presented.

CITY OF LANCASTER, CALIFORNIA
CITY COUNCIL/SUCCESSOR AGENCY/FINANCING/POWER AUTHORITY

REGULAR MEETING AGENDA – TUESDAY , 08/25/2026
~ 6 ~

At

each

regular

City

Council

Meeting,

the

City

Council

is

presented

with

a

check

and
ACH/wire

registers

listing

the

financial

claims

(invoices)

against

and

paid

by

the

City

for

the
purchase

of

materials,

supplies,

services,

and

capital

projects

during

the

prior

three

to

four
weeks.

This

process

provides

the

City

Council

with

the

opportunity

to

review

the

City’s
expenditures.

CC 4.

Monthly Reports of Investments
–
July 2026

Recommendation(s)
:

Accept and approve the July 2026 Monthly Report of Investments as submitted.

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.

CC 5.

Construction

Award

of

Bid

–

Public

Works

Construction

Project

No.

25-014

–

Lancaster
Health District Phase 3

Recommendation(s)
:

1. Appropriate

$500,000.00

to

the

Lancaster

Health

District

expense

account
CP15ST058.CONST., GL 220.49900.8000.

2. Award

Public

Works

Construction

Project

(PWCP)

25-014,

Lancaster

Health

District
Phase

3,

to

R.C.

Becker,

Inc.

of

Santa

Clarita,

CA,

in

the

amount

of

$5,235,515.59

plus

a
20%

contingency,

for

the

improvements

on

Avenue

J-4

between

18th

Street

West

and

20th
Street

West,

and

authorize

City

Manager,

or

his

designee,

to

sign

all

documents

in

accordance
with California Public Contract Code Section 22038(b).

3. Find

that

the

City

has

complied

with

the

California

Environmental

Quality

Act.

An
Environmental

Impact

Report

was

prepared,

mitigation

measures

were

made

a

condition

of
approval of the project, and a Notice of Determination was filed on June 8, 2021.

4. Authorize

Revised

Task

Order

7 expenditure

amount

of

$55,274.00,

(overall

contract
amount

of

$333,478.00),

plus

a

10%

contingency

for

Professional

Design

Services

to
Kimley-Horn and Associates, Inc.

5. Authorize

Task

Order

4 expenditure

estimated

amount

of

$11,475.00,

plus

a

5%
contingency

for

labor

compliance

services

to

the

successful

firm

in

Multi-Year

Professional
Services Agreement, Service Group Category (SGC) 16 – Labor Compliance.

6. Authorize

Task

Order

7 expenditure

estimated

amount

of

$16,128.00,

plus

a

5%
contingency

for

materials

and

laboratory

testing

services

to

the

successful

firm

in

Multi-Year
Professional

Services

Agreement,

Service

Group

Category

(SGC)

09 –

Materials

and
Laboratory Testing.

Lancaster

Health

District

Phase

3 will

include

roadway

and

utility

improvements

along
Avenue

J‑4

between

20th

Street

West

and

18th

Street

West.

The

project

will

also

include
median

improvements

on

20th

Street

West,

along

with

sidewalk

repairs

and

Americans

with
Disabilities

Act

(ADA)

accessibility

upgrades.

In

addition,

Phase

3 will

construct

a

new
roundabout

along

18th

Street

West

to

enhance

traffic

flow

and

safety.

The

majority

of

the

CITY OF LANCASTER, CALIFORNIA
CITY COUNCIL/SUCCESSOR AGENCY/FINANCING/POWER AUTHORITY

REGULAR MEETING AGENDA – TUESDAY , 08/25/2026
~ 7 ~

improvements

will

be

concentrated

along

the

quarter-mile

stretch

of

Avenue

J-4

between

20th
Street West and 18th Street West.

CC 6.

Approve

Amendment

No.

3 to

Professional

Services

Agreement

with

Best,

Best

and

Krieger
Attorneys at Law

Recommendation(s)
:

1. Approve

Amendment

No.

3 to

Professional

Services

Agreement

with

Best,

Best

and
Krieger

Attorneys

at

Law

to

extend

the

term

of

the

agreement

to

October

31,

2026,

and
increase

agreement

by

$70,000

and

the

total

not-to-exceed

contract

amount

from

$750,000

to
$820,000.

2. Authorize

the

City

Manager,

or

his

designee,

to

finalize

and

execute

all

documents

related
to the agreement.

The

City

has

been

utilizing

Best,

Best,

&

Krieger

LLP

(BB&K)

for

legal

services

in

the
Housing

division

since

May

2020.

BB&K

also

provide

as-needed

legal

services

including

but
not

limited

to

planning,

land

use,

CEQA

work,

hydrogen

and

other

misc.

legal

tasks

needed
to

assist

City

staff.

BB&K

will

also

provide

regular

ongoing

services

to

the

City's

Planning
Commission.

Because

of

their

extensive

expertise

in

these

areas,

as

well

as

their

familiarity
with

several

key

projects

currently

underway

in

the

Community

Development

Department,
staff propose to approve this amendment for these services.

CC 7.
2026 Zone Text Amendment to Title 17 of the Lancaster Municipal Code (ZTA26-002)

Recommendation(s)
:

Adopt

Ordinance

1153
,

for

Zone

Text

Amendment

No.

26-002

(ZTA26-002)

for

the

2026
Zone

Text

Amendment

to

Title

17 of

the

Lancaster

Municipal

Code

to

provide

clarification,
consistency, and compliance with City policies and best practices.

The

project

only

consists

of

text

amendments.

No

changes

to

the

City’s

zoning

map

or
development

densities

are

proposed.

No

construction

or

development

is

proposed

as

part

of
the

project.

The

proposed

amendments

would

require

the

approval

of

the

City

Council.

The
project

is

necessary

because

it

aims

to

address

current

state

legislation

and

regulations,
implement

new

and

current

city

policies

and

procedures,

and

address

necessary

regulations

to
tobacco uses and other similar businesses.

CC 8.

Amendment

to

Fair

Labor

Standards

Act

(FLSA)

Section

7(k)

Work

Period

for

Lancaster
Police Officers Association Employees.

Recommendation(s)
:

Approve

the

amendment

establishing

a

fourteen

(14)

day

FLSA

Section

7(k)

work

period
for

overtime

calculation

purposes

for

employees

represented

by

the

Lancaster

Police

Officers
Association

and

authorize

the

City

Manager

to

execute

any

documents

necessary

to
implement the amendment.

On

June

12,

2026,

the

City

Council

approved

the

Memorandum

of

Understanding

(MOU)
between

the

City

of

Lancaster

and

the

Lancaster

Police

Officers

Association

(LPOA).

As
presented

in

the

prior

staff

report,

the

MOU

included

a

modification

to

the

Fair

Labor

CITY OF LANCASTER, CALIFORNIA
CITY COUNCIL/SUCCESSOR AGENCY/FINANCING/POWER AUTHORITY

REGULAR MEETING AGENDA – TUESDAY , 08/25/2026
~ 8 ~

COUNCIL AGENDA

COUNCIL REPORTS
Standards

Act

(FLSA)

Section

7(k)

work

period

for

overtime

calculation

purposes.

The

prior
staff

report

proposed

transitioning

from

a

twenty-eight

(28)

day

work

period

to

a

seven

(7)
day work period.

CC 9.

Declaration of Surplus Land

Recommendation(s)
:

Adopt

Resolution

No.

______
,

declaring

pursuant

to

Section

54221

of

the

Government

Code
that

certain

parcels

of

land

owned

by

the

City

of

Lancaster

are

surplus

and

not

necessary

for
the City’s use.

The

proposed

Declaration

of

Surplus

Land

does

not

authorize

the

lease

or

sale

of

the

affected
properties.

After

the

Surplus

Land

Act

process

is

complete,

each

proposed

property
transaction will be presented to the City Council separately for consideration and approval.

CA 1.

Mayor’s action regarding commission appointments
Presenter: Mayor R. Rex Parris

CA 2.

Discussion

and

possible

action

regarding

a

contract

amendment

for

the

Chief

Executive/City
Manager

and

the

authorization

to

execute

Chief

Executive/City

Manager

contract
amendment.

Presenter: Mayor R. Rex Parris

CR 1.

Council Reports

LANCASTER HOUSING AUTHORITY

No action is required at this time.

LANCASTER FINANCING AUTHORITY

No action is required at this time.

CITY OF LANCASTER, CALIFORNIA
CITY COUNCIL/SUCCESSOR AGENCY/FINANCING/POWER AUTHORITY

REGULAR MEETING AGENDA – TUESDAY , 08/25/2026
~ 9 ~

LANCASTER POWER AUTHORITY

No action is required at this time.

LANCASTER SUCCESSOR AGENCY

No action is required at this time.

CITY MANAGER / EXECUTIVE DIRECTOR ANNOUNCEMENTS

CITY CLERK/AGENCY/AUTHORITY SECRETARY ANNOUNCEMENT

PUBLIC BUSINESS FROM THE FLOOR - NON-AGENDIZED ITEMS

This

portion

of

the

agenda

allows

an

individual

the

opportunity

to

address

the

Legislative

Bodies

on
any

item

NOT

ON

THE

AGENDA

regarding

City/Agency/Authority

business

and

speaker

cards
must

be

submitted

prior

to

the

beginning

of

this

portion

of

the

Agenda.

Please

complete

a

speaker
card

for

the

City

Clerk/Agency/Authority

Secretary

and

identify

the

subject

you

would

like

to
address.

We

respectfully

request

that

you

fill

the

cards

out

completely

and

print

as

clearly

as
possible.

Following

this

procedure

will

allow

for

a

smooth

and

timely

process

for

the

meeting

and

we
appreciate

your

cooperation.

State

law

prohibits

the

Legislative

Body

from

taking

action

on

items

not
on

the

agenda

and

your

matter

may

be

referred

to

the

City

Manager/Executive

Director.

Individual
Speakers

are

limited

to

three

(3)

minutes

each

unless

a

different

time

limit

is

announced.

Each
speaker’s time will begin once their name is called.

CITY COUNCIL / AGENCY/ AUTHORITY COMMENTS

CLOSED SESSION

1. Conference with Legal Counsel - Anticipated Litigation: significant exposure to litigation pursuant to Government Code
Section 54956.9(d) (2) - four potential cases.

2. Conference with Legal Counsel - Anticipated Litigation: consideration of initiation of litigation pursuant to Government Code Section 54956.9(d) (4) – four potential cases.

3. Conference Involving a Joint Powers Agency: Antelope Valley Air Quality Management District Pursuant to Government Code Section 54956.96 Discussion will concern: Antelope Valley Air Quality Management

CITY OF LANCASTER, CALIFORNIA
CITY COUNCIL/SUCCESSOR AGENCY/FINANCING/POWER AUTHORITY

REGULAR MEETING AGENDA – TUESDAY , 08/25/2026
~ 10 ~

District v. United States Environmental Protection
Agency, et al. 9
Cir. Case No. 23-1614 Name of local agency representative on joint powers agency board: Marvin Crist, Ken Mann

4. Antelope Valley Groundwater Cases Included Action:

Los Angeles County Waterworks District No. 40 v. Diamond Farming Co.

Superior Court of California, County of Los Angeles, Case No. BC325201; Los Angeles County Waterworks District No. 40 v. Diamond Farming Co.

Superior Court of California, County of Kern, Case No. S-1500-CV-254-348; Wm. Bolthouse Farms, Inc. v. City of Lancaster, Diamond Farming Co. v.

City of Lancaster, Diamond Farming Co. v. Palmdale Water District Superior Court of California County of Riverside, consolidated actions; Case Nos. RIC 353 840, RIC 344 436, RIC 344 668

5. Galant v. Lancaster School District, LASC Case No. 25A VCV00196

6. Abaied v. City of Lancaster, LASC Case No. 25STCV14733

7. Perez v. Lancaster, LASC Case No. 23A VCV00577

8. City of Whittier v. Superior Court, LASC Case No. 23 STCP03579

9. Lindo v. Lancaster, LASC Case No. 23A VCV00950.

10. Nazari v. City of Lancaster, LASC Case No. 25A VCV00192

11. Mahfound v. County of Los Angeles, City of Lancaster, LASC Case No. 25A VCV00586

12. Morgan v. Antelope Valley Transit Authority,
City of Lancaster, LASC Case No. 25A VCV00061

13. Lea v. City of Lancaster, LASC Case No.: 25STCV09046

14. City of Lancaster v. Coronado, LASC Case No. 26A VRO01310

15. Zimmerman v. City of Lancaster, LASC Case No. 24A VCV00848

16. Cordova v. City of Lancaster, Case No. 24A VCV00221

17. Darnell Wayne Thomas 25STCV17622

ADJOURNMENT
Next Regular Meeting:

September 08, 2026 at 1:30 PM

MEETING ASSISTANCE INFORMATION
In

compliance

with

the

Americans

with

Disabilities

Act,

this

meeting

will

be

held

at

a

location
accessible

to

persons

with

disabilities;

if

you

need

special

assistance

to

participate

in

this

meeting,
please

contact

the

City

Clerk

at

(661)723-6020.

Services

such

as

American

Sign

Language
interpreters,

a

reader

during

the

meeting,

and/or

large

print

copies

of

the

agenda

are

available.

To
ensure

availability,

you

are

advised

to

make

your

request

at

least

72 hours

prior

to

the

meeting/event
you

wish

to

attend.

Due

to

difficulties

in

securing

sign

language

interpreters,

five

or

more

business
days

notice

is

strongly

recommended.

For

additional

information,

please

contact

the

City

Clerk

at
th

CITY OF LANCASTER, CALIFORNIA
CITY COUNCIL/SUCCESSOR AGENCY/FINANCING/POWER AUTHORITY

REGULAR MEETING AGENDA – TUESDAY , 08/25/2026
~ 11 ~

(661)723-6020.

AGENDA ADDENDUM INFORMATION
On

occasion

items

may

be

added

after

the

agenda

has

been

mailed

to

subscribers.

Copies

of

the
agenda

addendum

item

will

be

available

at

the

City

Clerk

Department

and

are

posted

with

the

agenda
on

the

windows

of

the

City

Council

Chambers.

For

more

information,

please

call

the

City

Clerk
Department at (661) 723-6020.

All documents available for public review are on file with the City Clerk Department.

CITY OF LANCASTER, CALIFORNIA
CITY COUNCIL/SUCCESSOR AGENCY/FINANCING/POWER AUTHORITY

REGULAR MEETING AGENDA – TUESDAY , 08/25/2026
~ 12 ~

STAFF REPORT
City of Lancaster
NB 1
8/25/2026
TN
Date:August 25, 2026
To: Mayor Parris and City Council Members
From:Marissa Diaz, Director - Public Works
George Harris, Deputy City Manager/Treasurer
Sonya Patterson, Director - Parks, Arts, Recreation & Community Services Nicholas Godin, Assistant Director - PW City Engineering Subject:Memorandum of Understanding with the Antelope Valley Union High School District and Award of Design-Build Services – Public Works Construction Project No. 25-008, Marvin E. Crist Aquatics Facility
Recommendations:

1. Approve a Memorandum of Understanding (MOU) with the Antelope Valley Union High School District (AVUHSD) establishing the general framework for shared use, operational responsibilities, and a proposed 50/50 cost sharing arrangement for the design and construction of the Marvin E. Crist Aquatics Facility, and authorize the City Manager, or his designee, to execute the agreement and related documents.

2. Appropriate $8,000,000.00 into Capital Improvement project string CP11BS050.CONST GL 84649900.8000 for initial project design services associated with the Marvin E. Crist Aquatics Facility, and recognize $8,000,000.00 in revenue in GL 84649900.4900.

3. Award a Design-Build professional services agreement to Bernards Bros Inc., of San Fernando, CA, in the amount of $84,786,165.00 plus a 10% contingency, for Public Works Construction Project No. 25-008 - Marvin E. Crist Aquatics Facility to design and construct an aquatic facility and associated site improvements. Authorize the City Manager, or his designee, to sign all documents. The design-build entity selection process was made in accordance with Chapter 4 of the Public Contract Code, as applicable, and negotiated in accordance with California Public Contract Code Section 6106.

4. Find that the City has complied with the California Environmental Quality Act (CEQA) through certification of the Environmental Impact Report (EIR) prepared for the Parkway 2 5
0 2
Village Specific Plan Area, adoption of mitigation measures as part of the approval process, and a Notice of Determination filed with the State Clearing House (No. 2024020979) on February 17, 2026.

G.C. Section 84308: No
Fiscal Impact:
$93,264,781.50 (including 10% contingency). Approval of this action includes an initial appropriation of $8,000,000.000 for project design services. Additional project funding and appropriations for future phases will be presented to the City Council at a later date.

Background:

The Marvin E. Crist Aquatics Facility project proposes the development of a state-of-the-art aquatic facility within the City of Lancaster. The project site is located along 10th Street West between Avenue K-8 and Avenue K-15, east of Sgt. Steve Owen Memorial Park, within the Parkway Village Specific Plan area, and consists of three parcels (APNs 3128-004-013, 3128-004- 903, and 3128-004-902), including two vacant parcels and one parcel currently developed with an auto repair shop. The proposed facility is anticipated to include a range of aquatic amenities, which may consist of competition and diving pools, instructional and therapy pools, and interactive water features, subject to final design, programming, and funding determinations. In addition to aquatic components, the project is expected to provide supporting administrative offices, instructional classrooms, meeting spaces, and multi-purpose rooms. Upon completion, the facility is intended to expand recreational opportunities, support aquatic programming, and enhance overall quality of life for residents of the City.

The project site is located within the Parkway Village Specific Plan area, which was previously evaluated pursuant to CEQA. An Environmental Impact Report (EIR) for the Specific Plan area was prepared, mitigation measures were adopted as part of the approval process, and a Notice of Determination was filed with the State Clearinghouse on February 17, 2026. The proposed project is consistent with the approved land use and development framework established for the area, and all applicable mitigation measures and environmental requirements will be implemented, as necessary.

As part of this action, the City Council will also consider approval of a Memorandum of Understanding (MOU) with the Antelope Valley Union High School District (AVUHSD). The MOU establishes the general framework for shared use, operational responsibilities, and a proposed 50/50 cost-sharing arrangement for the design and construction of the Marvine E. Crist Aquatics Facility. The MOU is intended to serve as a predecessor to a future Joint Use Agreement (JUA), which will be developed at a later date. The project is anticipated to be funded through the issuance of municipal bonds.

On July 19, 2025, the Public Works Department, City Engineering Division, solicited qualifications and proposals from design-build entities, via Request for Qualifications & Proposals (RFQ&P) #863-25 for Design-Build Services. In alignment with the cooperative framework of the AVUHSD MOU, a representative from AVUHSD actively participated in the process by reviewing the RFQ&P prior to its release. The RFQ&P included a description of design-build services requested, Statement of Qualifications (SOQ), Qualification Questionnaire and submittal requirements, Technical Proposal and submittal requirements, local preference criteria, design- build entity selection process, and other additional information. Furthermore, the structure of both 2 5
0 2
the RFQ&P and the resulting Design-Build Contract strictly conform to the cost-sharing operational terms establish in the AVUHSD MOU.

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. The PWCP 25-008 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 August 27, 2025, seventeen companies attended the pre-qualification conference held at the City Hall Council Chambers. PlanetBids recorded 36 prospective bidders.

On October 1, 2025, four responsive bids were received. Based on the evaluation criteria, the top three highest-scoring Design-Build teams were shortlisted and invited to participate in interviews.

To ensure the interests of AVUHSD and the City were represented, the selection committee included the designated representative from AVUHSD.

On December 18, 2025, the City selected Bernards Bros Inc., as the preferred Design-Build entity after an extensive interview process. The results of the interview scores are shown below:

Design-Build Entity City Score

1. Bernards Bros Inc. San Fernando, CA 447.5

2. Suffolk Construction Los Angeles, CA 408.33

3. Pinner Construction Co. Inc. Anaheim, CA -1365.7

4. KPRS Construction Services, Inc. Brea, CA N/A*
*Not selected for Interview

The selected Design-Build team submitted a complete SOQ, and has negotiated in good faith with the City and AVUHSD to deliver the proposed Marvin E. Crist Aquatics Facility project. The team has demonstrated the ability to complete the construction scope within the established budget.

NG/RE/ef
Attachments:

Professional Services Agreement for Design-Build Services Memorandum of Understanding (AVUHSD)
Vicinity Map

- 1 -

AGREEMENT FOR DESIGN-BUILD SERVICES

THIS AGREEMENT FOR DESIGN-BUILD 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 Bernards Bros., Inc., (the “CONTRACTOR”).

RECITALS

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

DESIGN-BUILD SERVICES FOR THE
PWCP 25-008 – MARVIN E. CRIST AQUATICS FACILITY

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. OWNER: City of Lancaster

B. CONTRACTOR: Bernards Bros., 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.

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

CONTRACTOR Sam Laham
Bernards Bros., Inc.
555 First Street
San Fernando, CA 91340

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 assign any of the benefits and burdens hereunder, whether voluntarily or by operation of l aw, without prior written consent of the other party, and any such assignments without said consent shall be void.

- 2 -

4. Incorporation by Reference. The Request for Qualifications and Proposal (RFQ&P) – #863-25, PWCP 25-008 – Marvin E. Crist Aquatics Facility and CONTRACTOR’S Proposal are hereby incorporated in and made a part of this AGREEMENT. The AGREEMENT consists of this Agreement, the Notice to Interested Design -Build Entities, the Request for Qualifications and Proposal, and all Exhibits attached thereto and incorporated by reference therein, all Addenda, the Statement of Qualifications ( SOQ, Qualifications Questionnaire) and all Exhibits and supporting documentation attached thereto and incorporated by reference therein, accepted Technical Proposal and all Exhibits and supporting documentation and attached thereto and incor porated by reference therein , the Performance Bond, and the Payment (Labor and Materials) Bond, all of which are referred to as the AGREEMENT DOCUMENTS. All of the provisions of the AGREEMENT DOCUMENTS are hereby incorporated in and made a part of this AGREEMENT as if fully set forth therein. CONTRACTOR agrees to comply with all of the requirements set forth of the AGREEMENT DOCUMENTS.

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 48 pages
Second: Request for Qualifications and Proposal (RFQ&P) – #863-25

6. Description of Work . OWNER hereby engages CONTRACTOR , and CONCTRACTOR accepts such engagement, to perform the technical and professional services set forth in the “Scope of Services” attached hereto as Exhibit “A”. CONTRACTOR 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 course of its performance at such times as may be specified by the Public Works Director, or their designee.

Substitution of securities for any monies withheld by the City of Lancaster to ensure performance under this AGREEMENT will be permitted in accordance with Section 22300 of the State of California Public Contract Code.

7. Obligations of the OWNER.

A. The total compensation to be paid by OWNER to CONTRACTOR for all work and services described in Exhibit “A” is not to exceed $84,786,165.00. CONTRACTOR’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.

8. Obligations of the CONTRACTOR.

A. CONTRACTOR shall perform as required by this AGREEMENT.

CONTRACTOR also warrants on behalf of itself and all subcontractors engaged for the performance of this AGREEMENT.

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

C. CONTRACTOR agrees and shall (1) award construction subcontracts, if any; and (2) ensure that CONTRACTOR and any subcontractors will use a skilled and trained workforce to perform

- 3 -

all Services under this AGREEMENT, in accordance with the provisions in the California Public Contract Code concerning local agency design-build projects (Public Contract Code 22160-22169).

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 after 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 geotechnical services typically are viewed as CONTRACTOR s 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 (CONTRACTOR) 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 1 st
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 S ection 1771.3.

(2) Provide such evidence, disclosures, or releases as are necessary to establish all of the following:

- 4 -

(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 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 determination 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 amount 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 “CONTRACTOR”, 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

- 5 -

contract as a “public work,” as defined in this chapter, to which Section 1771 applies, provided that:

(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 chapter, 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 March 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 regist ered 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 included 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 publ ic 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.

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(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.

(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 CONTRACTOR or any subcontractor under him.

Section 1777.5, as amended, requires the CONTRACTOR 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 CONTRACTOR 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 CONTRACTOR 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 CONTRACTOR and any subcontractor under them shall comply with the requirements of Section 1777.5 and Section 1777.6 in the employment of apprentices.

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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.

B. The provisions of subsection A above shall be included in all solicitations or advertisements placed by or on behalf of CONTRACTOR for personnel to perform any services under this AGREEMENT. OWNER shall have access to all documents, data and records of CONTRACTOR 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 CONTRACTOR in preparing its statements to OWNER as a condition precedent to any payment to CONTRACTOR.

12. Hold Harmless and Indemnification . CONTRACTOR 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 CONTRACTOR ’S negligent or willful wrongful acts, errors or omissions, or those of its employees or agents. CONTRACTOR agrees to defend OWNER, it s 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 the CONTRACTOR 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 CONTRACTOR.

14. 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, religion, ancestry, sex, national origin, physical or mental disability or age. CONTRACTOR 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 employment 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 CONTRACTOR for personnel to perform any services under this AGREEMENT. OWNER shall have access to all documents, 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.

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 CONTRACTOR 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 herei n, CONTRACTOR will be paid a total amount equal to its costs as of the termination date, plus ten percent (10%) of that amount for

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profit. In no event shall the amount payable upon termination exceed the total maximum compensation provided for in this AGREEMENT.

16. Termination for Cause.

A. The governing board of the OWNER may, by written notice to CONTRACTOR , terminate the whole or any part of this AGREEMENT in any of the following circumstances:

(1) If CONTRACTOR fails to perform the services required by this AGREEMENT within the time specified herein or any authorized extension thereof; or

(2) If CONTRACTOR fails to perform the services called for by this AGREEMENT or so fails to make progress 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 CONTRACTOR to provide all finished or unfinished documents, data, studies, drawings, maps, photographs, reports, etc., prepared by CONTRACTOR. Upon such termination, CONTRACTOR shall be paid an amount equal to the contract amount, less the cost of hiring another CONTRACTOR to complete CONTRACTOR's services. In the event no new CONTRACTOR is employed, CONTRACTOR 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 ot her documents whether delivered to OWNER or in possession of CONTRACTOR, 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 CONTRACTOR 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. CONTRACTOR is an independent contractor and shall have no power or authority to incur 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; CONTRACTOR is an independent contractor.

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18. Insurance.

A. The CONTRACTOR, 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 $5,000,000
Per Project General Aggregate $10,000,000
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 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

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 $10,000,000
General Aggregate $10,000,000

B. The CONTRACTOR’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 after 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 CONTRACTOR for all claims made by the City insured entities arising out of any acts or omissions of CONTRACTOR 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

- 10 -

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.

F. CONTRACTOR 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.

(2) List in the “Descriptions of Operations/Locations/Vehicles” section:

PWCP 25-008 – Marvin E. Crist Aquatics Facility
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. CONTRACTOR 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 CONTRACTOR.

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

CONTRACTOR 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 CONTRACTOR, then CONTRACTOR 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. CONTRACTOR 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.

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

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

22. Data Provided to CONTRACTOR. OWNER shall provide to CONTRACTOR , 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. CONTRACTOR's Warranties and Representations.

CONTRACTOR warrants and represents to OWNER 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 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. CONTRACTOR 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 CONTRACTOR, and that if any such interest comes to the knowledge of CONTRACTOR 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, 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.

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.

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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.

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 shall be entitled to reasonable attorney’s fees, cost, and necessary disbursements, in addition to such other relief as may be sought and awarded.

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 “A-1” – Main Level Agreed-Upon Scope Plan

• Exhibit “A-2” – Bleacher Level Agreed-Upon Scope Plan

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

Exhibit “C” Construction General Provisions

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 CONTRACTOR, executes said AGREEMENT.

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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:

Trolis Niebla, City Manager

Dated:

"CONTRACTOR"
Bernards Bros., Inc.

By:

Sam Laham, Vice President

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 Agreement shall include all services described in Section 3, “Services to Be Provided,” of Request for Qualifications and Proposal (RFQ&P) #863- 25 for Design- Build Team Services for the Marvin E. Crist Aquatics Facility, advertised July 19, 2025, including all addenda issued thereto.

In addition, the Scope of Services sha ll include the negotiated project scope, design criteria, program requirements, and other requirements reflected in the following documents developed and agreed upon by the OWNER and CONTRACTOR during negotiations:

• Exhibit A-1 – Main Level Agreed-Upon Scope Plan
• Exhibit A-2 – Bleacher Level Agreed-Upon Scope Plan

Exhibits A-1 and A-2 are attached hereto and incorporated into this Exhibit “A” by reference.

To the extent Exhibits A-1 and A-2 clarify, supplement, or modify the scope contained in the RFQ&P or CONTRACTOR’S Proposal, Exhibits A-1 and A-2 shall govern with respect to the Scope of Services.

PW-123 (1/14)

EXHIBIT "A-1"

MAIN LEVEL AGREED-UPON SCOPE PLAN

PW-123 (1/14)

EXHIBIT "A-2"

BLEACHER LEVEL AGREED-UP SCOPE PLAN

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 execution of the Agreement by the City and the CONTRACTOR . This Agreement shall continue in full force and effect for a period of four (4) year s from the effective date of the Agreement (the “Term), unless the Agreement is sooner terminated in accordance with the Terms and Conditions in the Agreement; provided, however, that the City and the CONTRACTOR may mutually agree in writing to extend the Term of this Agreement.

Payment
The City of Lancaster shall reimburse the CONTRACTOR for actual costs, including labor costs and employee benefits incurred by the CONTRACTOR in performance of the work, in an amount not to exceed $84,786,165.00.

Design Phase

Actual costs shall not exceed the estimated wage rates and other costs as set forth in the CONTRACTOR proposal. Source documentation supporting billed costs must be submitted with invoice. CONTRACTOR shall provide a cost breakdown with hourly rates for each office and field function in the event that additional work is required beyond the not to exceed amount specified above. Any additional work will require a separate Authorization for Contractor Services signed by both parties.

CONTRACTOR will be reimbursed, as promptly as fiscal procedures will permit, upon receipt by the City of itemized invoices. Invoices shal l be submitted no later than forty- five (45) calendar days after the performance of work for which contractor is billing. Invoices shall detail the work performed on each milestone, on each project , as applicable. Invoices shall follow the format stipulated for the Cost Proposal and shall reference this contract number and 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 CONTRACTOR’s work.

Contractor shall not be reimbursed for actual travel expenses incur red in the performance of the work.

Construction Phase

Payment during Construction phase shall be in accordance with Section 7 of the Construction General Provisions included in Exhibit “C” of this Agreement.

Time for Commencement and Completion
Contractor shall commence performance of the Design Phase work no later than three (3) calendar days following issuance of written Notice to Proceed. Construction Phase work shall not commence without written Notice to Proceed from the City. The N otice to Proceed for the Construction Phase shall not be issued until final construction cost estimate and pay request format/itemization/schedule of values has PW-125 (1/14)

been approved by the City. Construction phase time for commencement and time of completion shall be in accordance with the Construction General Provisions included in Exhibit “C” of this Agreement.

Performance of all work shall be completed within three (3) years from the execution of this Design- Build Agreement. In no event shall performance of the work be completed later than three (3) years from the execution of this Design- Build Agreement without the prior written authorization of the City.

If Contractor fails to complete the work in this time period, City may avail itself of any and all remedies provided for in this Agreement.

Sam Laham, Vice President
Bernards Bros., Inc.

FORM 1.2 COST BREAKDOWN

Project Team shall enter the estimated cost of the major project elements as listed below. The total of all cost elements below shall equal the Design-Build Proposed Bid.

1. $ On-Site Improvements

2. $ Off-site Improvements

3. $ Pedestrian Bridge

4. $ Retractable Roof

5. $ Olympic Competition Pool & Olympic Dive Pool

6. $ Splash Pad

7. $ Therapy Pool & Fitness, Recreation, Exercise Poole

8. $ Interior Design and FF&E

9. $ First Aid Room

10. $ Staff Lounges

11. $ Restrooms, including Family and Unisex

12. $ Meeting, “Private” Office, and Multi-purpose Room

13. $ Seating

14. $ Lockers and showers

15. $ Elevators and access stairs

16. $ Pump/Mechanical rooms

17. $ Exterior and Interior Security Cameras

18. $ Burglar and Fire Alarms

19. $ Universal Waste

20. $ Changes, deviations and/or additions identified

21. $ Total of the above (Must Equal Design-Build Proposed Bid)

S I G N H E R E :

Signature of Proposer

D a t e :

Day/Month/Year Title of Proposer
9,437,704
1,508,855
N/A
N/A
48,989,805
N/A
1,200,000
335,755
835,848
1,040,534
5,506,575
930,780
6,509,640
181,527
7,117,063
242,013
642,266
N/A
84,786,165
307,800
- OPTION 2 (1,500 Seats)
N/A
* Please note, FF&E allowance has been reduced per conversations with city's team to $1.2M allowance. No costs included for owner-carried contingency.
*

FORM F-2 ACKNOWLEDGEMENT AND CONTRACT
AMOUNT

Stipulated Sum: Two-Million Dollars
($72,000,000.00)
(Amount established by City of Lancaster)

1. Deduction from Stipulated Sum: (Fill in the deducted dollar amount)

Deduct from Stipulated Sum:

0% _______________________________

5% _______________________________

10% _______________________________

Or

____% ______________________________
(% established by Design-Build entity)

Or

Fixed amount of deduction:

$_____________________________

2. Dollar amount of work performed by the General
Contractor, Subconsultants and Designated
Subcontractors:

$___ __________________
(Amount entered by Design-Build entity)

3. Dollar amount of work to be performed by Non -
Designated Subcontractors (to be bid in accordance
with the requirements of the Design -Build
Agreement.)

$_________________________________
(Amount entered by Design-Build entity)

4. Total Design-Buil Proposed Bid

$_________________________________
(Amount to be entered by Design-Build entity must
equal lines 2 + 3 above)

SIGN HERE: ________________________________________________________________ Signature of the Proposer

DATE ____________________________ _______________________ Day/Month/Year Title of Proposer
22,791,399
84,786,165
- OPTION 2 (1,500 Seats)
61,994,766
______________
mount entered by

VER. 020723 C-1 PWCP 25-008
EXHIBIT "C"

CONSTRUCTION

GENERAL PROVISIONS

SECTION 1 – GENERAL

1-1 GENERAL

Where these Exhibit “C” Construction General Provisions conflict with the Construction Specifications Institute (CSI) Masterformat (Latest Edition) Construction General Provisions, Exhibit “C” Construction General Provisions shall govern; any exceptions shall be at the sole discretion of the Engineer.

Subsection 1-1 of the Standard Specifications is supplemented by the following:

The Contractor shall comply with the provisions of the Standard Specifications for Public Works Construction (SSPWC), latest edition, including all subsequent addenda and supplements, hereinafter referred to as "Standard Specifications", as published by BNI Publications, Inc., 990 Park Center Drive, Suite E, Vista , California 92081, phone (760) 734-1113, and including the additions and amendments contained in these documents.

The SSPWC, latest edition, including all subsequent addenda and supplements, are incorporated herein by reference and are intended to govern the relationship of the parties, except as are modified herein or are inconsistent with the provisions hereof.

The Contractor shall additionally comply with the provisions of the California Building Codes (CBC), latest edition, as published by International Conference of Building Officials, along with all other codes, Standards and Specifications utilized by the City of Lancaster during the course of construction.

To the fullest extent permitted by law, the Contractor will indemnify and hold harmless the City, the City Enginer, their agents, consultants, and employees from and against all claims, damages, losses, and expenses, including but not limited to attorney's fees, arising out of or resulting from the performance of the work, provided that any such liability, claim, dama ge, loss or expense (1) is attributable to bodily injury, sickness, disease or death (including that sustained by Contractor's or subcontractor's employees), or to injury to or destruction of tangible property (other than the work itself) inc luding the loss of use thereof; and (2) is caused in whole or in part by any act or omission of the Contractor, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, regardless of whether or not it is caused in part by any negligent act or omissions, whether active or passive, by a party indemnified hereunder. Such obligation shall not be construed to negate, abridge, or otherwise reduce any other right or obligation of indemnity which would otherwise exist.

The obligations of the Contract under this indemnity and hold harmless agreement shall not apply to (a) liability for damages arising from the sole negligence or willful misconduct of the City, the Capital Construction Manager, their agents, consultants, or independent contractors (other than the Contractor) who are directly responsible to the C apital Program Manager, nor the (b) the liability of the City, the Capital Program Manager, their agents, or employees, or consultants, arising out of (1) the preparation or approval of maps, drawings, opinions, reports, surveys, change orders, designs or specifications, or (2) VER. 020723 C-2 PWCP 25-008
the giving of or the failure to give directions or instructions by the City, the Capital Program Manager, their agents or employees, provided such giving or failure to give is the sole cause of the injury or damage.

1-2 TERMS AND DEFINITIONS

Subsection 1-2 of the Standard Specifications is supplemented by the following:

Whenever the terms listed below appear in the Contract Documents, they shall be defined as follows:

Bid Price - The unit or lump sum amount shown in the Bid Schedule for the work item.

Building Code - California Building Code, latest edition, including all subsequent addenda and supplements (where specifically called out) and Lancaster Municipal Code Amendments, thereto.

Caltrans Standard Specifications - Standard Specifications of the State of California Department of Transportation latest edition, including all subsequent addenda and supplements (where specifically called out).

Contracting Agency - City of Lancaster - City

City Council - City Council of City of Lancaster

Council – Los Angeles/Orange Counties Building & Construction Trades Council

Community Work Force Coordinator – delete all references.

Claim – A written demand or written assertion by one of the contracting parties seeking, as a matter of right, the payment of money in a sum certain, the adjustment or interpretation of contract terms, or other relief arising under or relating this contract . However, a written demand or written assertion by the Contractor seeking the payment of money exceeding $100,000 is not a claim under the Act until certified. A voucher, invoice, or other routing request for payment that is not in dispute when submitted is not a claim under the Act. The submission may be converted to a claim under the Act, by complying with the submission and cert ification requirements of this clause, if it is disputed either as to liability or amount or is not acted upon in a reasonable time.

Days – Calendar Days, unless otherwise noted

Electrical Code - California Electrical Code, latest edition, including all subsequent addenda and supplements (where specifically called out) and Lancaster Municipal Code Amendments, thereto

Engineer – City Engineer, or authorized representative of the City Engineer.

Execution of the Contract by the City - Execution of the Contract by the City will be complete when the City issues a Notice to Proceed.

VER. 020723 C-3 PWCP 25-008
Handbill - A small printed notice personally distributed by hand to individuals identified by the Engineer as specified in PART D. In no event shall handbills be placed in or on any portion of an owner’s mailbox.

Mechanical Code - California Mechanical Code, latest edition, including all subsequent addenda and supplements (where specifically called out) and Lancaster Municipal Code Amendments, thereto.

Notice of Completion - Notice executed by the City and Recorded with the County of Los Angeles Recorder giving formal notice of the completion of the work.

Plumbing Code - California Plumbing Code, latest edition, including all subsequent addenda and supplements (where specifically called out) and Lancaster Municipal Code Amendments, thereto.

Prime Specialty Contract – is a contract which the city enters into directly with a specialty contractor, as defined in Section 7058 of the Cal. Business & Professions Code, rather than contracting with a general contractor.

Standard Specifications - The Standard Specifications for Public Works Construction, latest edition, including all subsequent addenda and supplements, and the Standard Plans for Public Works Construction, latest edition, including all subsequent addenda and supplements, prepared by the American Public Works Association.

1-6 BIDDING AND SUBMISSION OF THE BID.

1-6.2 Subcontractor Listing.

Subsection 1-6.2 of the Standard Specifications is supplemented by the following:

Pursuant to the provisions in Section 1777.1 of the Labor Code, the Labor Commissioner publishes and distributes a list of contractors ineligible to perform work as a subcontractor on a public works project. This list of debarred contractors is available from the Department of Industrial Relations web site at http://www.dir.ca.gov/dir/Labor_law/DLSE/Debar.html.

Non-Collusion Declaration of Subcontractor

The Contractor shall, upon request, obtain and produce the Non- Collusion Declaration of Subcontractors to the effect that the bid is genuine, and that neither the Subcontractor, nor any person or entity associated with the Subcontractor, has directly or indirectly colluded with any person or entity in regard to the bid. Should these forms be requested they must be completed and notarized by each subcontractor listed.

1-7 AWARD AND EXECUTION OF THE CONTRACT.

1-7.1 General.

Subsection 1-7.1 of the Standard Specifications is supplemented by the following:

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Award

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 contractors and subcontractors who intend to bid or perform work on public works projects (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 after April 1, 2015.

The award of the contract, if it is awarded, will be to the lowest responsible bidder whose proposal complies with all the requirements prescribed. The award, if made, will be made within 60 calendar days after the opening of the bids. The City reserves the right to reject any or all bids; to waive any informality in any bid; or to award the contract to any bidder other than the lowest bidder should it deem in its best interest to do so. The City reserves the right to award a contract on the work and any alternates listed in the bid form in sum total, individually, or in any combination. The City reserves the right to award the contract for part or all of the items on the Bid Schedule.

Disqualification of Bidders

More than one bid from any person under the same or different names will not be considered.

Reasonable grounds for believing that any person is interested in more than one bid for the work contemplated will cause the rejection of all bids in which such pe rson is interested. If there is reason for believing that collusion exists among any bidders, none of the participants in such collusion will be considered in future bids. Bids in which the price of any item grossly differs from the current market price may be rejected. Bids from Contractors who do not possess the specified license may be rejected. Bids that do not include proof of certification of an individual trained in providing traffic control in construction zones may be rejected.

Execution of Contract

The contract, in form and contents satisfactory to the City Attorney, shall be executed and submitted by the successful bidder, together with the bonds and insurance within 14 calendar days after such bidder has received the written contract. No bid shall be considered binding upon the City until the execution of the contract by the City. Failure to execute the contract and file acceptable bonds, insurance policies or certific ates, as provided herein, within 14 calendar days, shall be just cause for the annulment of the award, and forfeit of bid guaranty to the City, as liquidated damages. The City may request a complete, notarized financial statement from the Contractor prior to the award of the contract, and w ill notify the Contractor if said statement is required.

1-7.2 Contract Bonds.

Subsection 1-7.2 of the Standard Specifications is supplemented by the following:

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All bonds shall be in the form acceptable to the City Attorney. At execution of the contract, the successful bidders shall furnish two (2) contract bonds as follows:

a) A Faithful Performance Bond in the amount of 100% of the contract price

b) A Labor and Material Bond in the amount of 100% of the contract price

The Faithful Performance and Labor and Material bonds shall be submitted on forms furnished by the City. Said bonds shall be secured by an "admitted surety insurer" (as defined in the California Code of Civil Procedure Section 995.120, or success or statute) who can either: (i) meet the minimum rating of A-: VII in the latest edition of the Best's Key Rating Guide Property-Casualty; or (ii) provide the following documentation as mandated by the California Code of Civil Procedure Section 995.660, or successor statute:

(1) The original, or a certified copy, of the unrevoked appointment, power of attorney, bylaws, or other instrument entitling or authorizing the person who executed the bond to do so.

(2) A certified copy of the certificate of authority of the insurer issued by the Insurance Commissioner.

(3) Evidence that the certificate of authority of the insurer has not been surrendered, revoked, canceled, annulled, or suspended or, in the event that it has, that renewed authority has been granted.

(4) Copies of the insurer's most recent annual statement and quarterly statement filed with the Department of Insurance pursuant to Article 10 (commencing with Section 900) of Chapter 1 of Part 2 of Division 1 of the Insurance Code.

Should any Surety at any time be unsatisfactory to the City, notice will be given the Contractor to that effect. No further payments shall be deemed due or will be made under the contract until a new Surety shall qualify and be accepted by the City.

SECTION 2 – SCOPE OF THE WORK

2-2 PERMITS.

Subsection 2-2 of the Standard Specifications is supplemented by the following:

Permits, Applications, Notices and Inspections

No work shall be started within the street right- of-way or on City property until the Contractor has obtained the necessary permits.

All permits, applications, notices and inspections required by the duly authorized governmental agency and servicing utility companies shall be obtained by the Contractor. No fee permits shall be obtained from the City of Lancaster. All inspections by t he governmental agency and/or the servicing utility shall be arranged and applied for by the Contractor and he shall deliver all inspection VER. 020723 C-6 PWCP 25-008
certificates to the Engineer prior to final acceptance of the work. All fees, including but not limited to permit issuance, inspection, plan check, and charges connected with any permits and/or applications shall be included in the original bid price and shall not be the cause for additional charges or claims by the Contractor.

Business License

The Contractor shall have a business license to perform work in the City of Lancaster.

2-5 THE CONTRACTOR’S EQUIPMENT AND FACILITIES.

2-5.2 Temporary Utility Services.

Subsection 2-5.2 of the Standard Specifications is supplemented by the following:

Recycled Water

When project limits are located, in whole or in part, between 50th Street West and 50th Street East, Contractor shall not draw water from any potable water fire hydrant (except to extinguish a fire); Contractor shall draw water from recycled water hydrants. With each public contract, the Contractor shall make application for recycled water use to the City of Lancaster Development Services Department Utilities Services Division. If recycled water is unavailable, the Contractor shall obtain a waiver for each contract , in writing, from the City of Lancaster Development Services Department Utilities Services Division allowing the Contractor to obtain permission to draw potable water from the potable water utility owner.

2-9 CHANGED CONDITIONS.

Subsection 2-9 of the Standard Specifications is supplemented by the following:

When the Engineer and the Contractor fail to agree as to whether an alteration ordered by the Engineer constitutes a material change or difference in the character of work as therein contemplated, or fail to agree on the compensation to be allowed for such altered work, the Contractor shall forthwith proceed with the altered work upon written order from the Engineer. Pending a settlement of the dispute, the Contractor shall file with the Engineer within 48 hours after receiving such written notice to proceed, a claim setting forth in detail in what particulars the character of the work was changed and by what amount the unit cost was increased.

The failure of the Engineer to recognize a change in the character of the work when ordering alterations shall in no way be construed as relieving the Contractor of his duty and responsibility for filing a claim as above provided. The Contractor shall receive no additional compensation for such altered work unless he files such a claim within 48 hours after receiving notice from the Engineer to proceed and full settlement shall be made on the basis of the contract unit prices.

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SECTION 3 – CONTROL OF THE WORK

3-3 SUBCONTRACTORS.

Subsection 3-3 of the Standard Specifications is supplemented by the following:

No subcontract releases the Contractor from the contract nor relieves the Contractor of their responsibility for a subcontractor's work.

Your attention is directed to revisions by the Department of Industrial Relations (DIR) to Labor Code Section 4. 1725.5 and Section 5. 1771.1, whereby each subcontractor must be registered and pay an annual renewal fee per SB 854 in order to engage in the performance of any contract for public works which is subject to requirements of this chapter. This language must be included in all subcontracts.

Each subcontractor must have an active and valid State contractor's license with a classification appropriate for the work to be performed (Bus & Prof Code, § 7000 et seq.).

Before subcontracted work starts, submit a Subcontracting Request form.

Upon request by the Engineer, immediately remove and not again use a subcontractor who fails to prosecute the work satisfactorily.

CWA

This project shall comply with the requirements of the COMMUNITY WORKFORCE

AGREEMENT 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”) for all Project Work agreements executed after July 1, 2 025 and all Amendments . The Contractor, and each of its subcontractors, of whatever tier, shall be required to submit LETTER(S) OF ASSENT in accordance with the CWA.

No Contractor or subcontractor shall commence Project Work without having first provided a copy of the LETTER OF ASCENT as executed by it to the Community Workforce Coordinator and to the Council forty -eight (48) hours before the commencement of Project Work, or within forty- eight (48) hours after the award of Project Work to that Contractor (or subcontractor), whichever occurs later.

It shall be the responsibility of the prime Contractor to have each of its subcontractors sign the documents described in the CWA, with the appropriate Craft Union prior to the subcontractor beginning work on covered Projects.

3-4 AUTHORITY OF THE BOARD AND ENGINEER.

Subsection 3-4 of the Standard Specifications is supplemented by the following:

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Neither the City of Lancaster, the City Mayor, the Engineer, nor any other officer or authorized representative of the Agency shall be personally responsible for any liability arising under this Contract.

Any order given by the Engineer, not otherwise required by the Agreement to be in writing, will, upon request by the Contractor, be given or confirmed by the Engineer in writing.

3-5 INSPECTION.

Subsection 3-5 of the Standard Specifications is supplemented by the following:

Inspection of the work shall not relieve the Contractor of any of his obligations to fulfill the Contract. Defective work shall be made good and unsuitable materials may be rejected, notwithstanding that such defective work and materials have been previously approved by the Engineer or included in the quantities for progress payments.

3-6 THE CONTRACTOR'S REPRESENTATIVE.

Subsection 3-6 of the Standard Specifications is supplemented by the following:

The Contractor shall designate in writing before starting work, an authorized representative who shall have the authority to represent and act for the Contractor.

Said authorized representative shall be present at the site of the work at all times while work is actually in progress on the contract. No work by subcontractors will be allowed in the absence of said authorized representative, unless previous arrangements are agreed to by the Engineer. In the event a subcontractor attempts to perform work in the absence of the authorized representative , a STOP NOTICE may be issued to the subcontractor.

When work is not in progress and during periods when work is suspended, arrangements acceptable to the Engineer shall be made for any emergency work which may be required.

3-7 CONTRACT DOCUMENTS.

Subsection 3-7 of the Standard Specifications is supplemented by the following:

The approved project plans shall be supplemented by such working drawings that may be necessary to adequately control the work. All authorized alterations affecting the requirements and information given on the approved Project Plans shall be in writing. No changes shall be made on any plan or drawing after the same has been reviewed by the City, except by its direction. Any shop or working drawings furnished by the Contractor shall be at his own expense and are subject to review, unless review is waived by the Engineer. All such plans shall be in conformity with the approved Project Plans. Although they were reviewed by the Engineer, the Contractor shall be responsible for accuracy of dimensions or details.

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3-10 SURVEYING.

3-10.1 General.

Subsection 3-10.1 of the Standard Specifications is supplemented by the following:

The Engineer shall provide all construction survey staking at no cost to the Contractor. The Contractor shall be responsible for preserving construction survey stakes and marks for the duration of their usefulness.

If construction survey stakes are lost or disturbed and need to be replaced, such replacement shall be by the Engineer at the expense of the Contractor. The Contractor shall notify the Engineer at least 2 working days before he will require survey service s in connection with the laying out of any portion of the work.

The cost of delays, errors and overtime payments to the Engineer due to improper or incomplete scheduling or notification of survey work by the Contractor shall be borne by the Contractor.

3-12 WORK SITE MAINTENANCE.

Subsection 3-12 of the Standard Specifications is supplemented by the following:

Refuse Collection and Disposal

The Contractor shall comply with Section 13.16 of the Lancaster Municipal Code with regard to waste disposal. Should the Contractor choose to procure the services of a commercial waste hauler, he shall use the City's franchise waste hauler for the removal and disposal of waste.

Dust Control

Dust resulting from the Contractor's performance of the work, either inside or outside of the right-of-way, shall be controlled by the Contractor in accordance with Section 3-12 of the Standard Specifications and AQMD Rule 403, as amended, or any subsequent corresponding rule adopted by the Antelope Valley Air Quality Management District (AVAQMD) on or after July 1, 1997.

Dust control shall be in effect at all times during earth work operations, earth hauling operations, while heavy equipment is operating, and at all other times when dust could be generated.

Stockpiled earthen materials shall also be treated for dust control as needed.

The Contractor shall be liable for any and all fines which may be imposed by AQMD or AVAQMD. In addition, the City of Lancaster may impose a $500 per day penalty for each calendar day the Contractor is not in compliance with the provisions of this specification.

No separate payment will be made for furnishing all labor, materials, tools, equipment, and incidentals and for doing all the work involved in providing dust contr ol in accordance with Section 3-12 of the Standard Specifications and AQMD Rule 403, as amended, or any subsequent corresponding rule adopted by AVAQMD on or after July 1, 1997. Full compensation for dust control shall be included in the various items of work involved.

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Flow and Acceptance of Water

It is anticipated that storm, surface or other waters may be encountered at various times and locations during work herein contemplated. The Contractor, by submitting a bid, acknowledges that he has investigated the risk rising from such waters and has prepared his bid accordingly, and Contractor, by submitting his bid, assumes all risk.

3-12.5 Sanitary Sewers.

3-12.5.1 General.

Subsection 3-12.5.1 of the Standard Specifications is supplemented by the following:

Sewer System O&M Program Requirements

O&M Program requirements are applicable to all Contractors working on City sanitary sewer systems facilities. Contractors shall be appropriately trained as indicated below.

The Contractor shall certify that its employees have been trained in operations and maintenance of sanitary sewer systems.

The Contractor shall demonstrate that their employees have been trained through:

a. Training records
b. Class content materials
c. Providing certification, of no less than 1 of the Contractor’s employees on the project hold a valid/current CWEA Grade I Certificate in Collection System Maintenance Technology. Depending on the size of the sewer project more than one employee may be req uired to be certified. The requirements for CWEA certification process for Grade I require:
i. No education or experience
ii. Successful completion of an examination to obtain the certificate iii. 12 training hours every 2 years to maintain the certificate iv. Payment of membership and testing fees

3-12.5.3 Sewer Spill Prevention and Emergency Response Plan.

Subsection 3-12.5.3 of the Standard Specifications is supplemented by the following:

Spill Emergency Response Plan (SERP)

An SERP shall be prepared by Contractors working on City Sanitary Sewer Systems facilities.

The Contractor is required to develop project -specific SERP subject to agency approval and to train their employees regarding its content and implementation. The Contractor is required to conduct a drill witnessed by the City to demonstrate that they have appropriate equipment and training.

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3-13 COMPLETION, ACCEPTANCE AND WARRANTY.

3-13.1 Completion.

Subsection 3-13.1 of the Standard Specifications is supplemented by the following:

Until the formal acceptance of the work by the Agency, the Contractor shall have the charge and care thereof and shall bear risk of injury or damage to any part thereof by the action of the elements or from any other cause, whether arising from the execution of from the non-execution of the work.

The Contractor shall rebuild, repair, restore, and make good all injuries or damages to any portion of the work occasioned by any of the above causes before its completion and acceptance and shall bear the expense thereof. The determination to rebuild, repair, or restore shall be made by the Engineer and his decision shall be final. In case of suspension of the work for any cause whatsoever, the Contractor shall be responsible for all materials and shall properly store them if necessary and shall erect temporary protective structures where necessary.

3-13.3 Warranty.

Paragraph 1 of Subsection 3-13.3 shall be amended to read as follows:

The Work shall be warranted by the Contractor against defective materials and workmanship for a period of 90 days for Landscaping and Irrigation Improvements and for a period of 1 year for all other improvements. The warranty period for Landscaping and Irrigation Improvements shall start on the date the Work was completed as determined by the Engineer. The warranty period for all other improvements shall start on the date the Work was formally accepted by the Agency.

Subsection 3-13.3 of the Standard Specifications is supplemented by the following:

Corrective work shall be performed within 2 working days after receiving notice from the Engineer or within that time as may be allowed by the City. Notice may be by phone or letter to the Contractor. The Contractor will be responsible for defective materials and must replace defective material at his cost.

SECTION 4 – CONTROL OF MATERIALS

4-1 GENERAL.

Subsection 4-1 of the Standard Specifications is supplemented by the following:

Materials and workmanship, unless indicated or specified otherwise, shall be in strict conformity with the Standard Specifications for Public Works Construction, latest edition, and all addenda thereto; nothing in these Specifications is to be construed to permit work below the standards of these ordinances and those of the Occupational and Safety Health Act. Any work found after acceptance of the Contract which does not comply with applicable codes shall be made to conform to the codes.

All materials and equipment shall be new and bear the label of, or be listed by, the Underwriter's Laboratories or the National Fire Protection Association, where applicable. All materials shall be VER. 020723 C-12 PWCP 25-008
the standard products of manufacturers regularly engaged in the production of such material and shall be the latest approved design.

All materials of the same type shall be supplied by the same manufacturer.

All materials and equipment shall be installed in a secure, neat, and workmanlike manner by competent workmen, and any item not so installed shall be corrected to meet the complete approval of the Engineer. If at any time, the Contractor believes that he cannot secure proper results through the use of materials and the procedure specified, it shall be his obligation to immediately notify the Engineer in writing, setting forth his decision.

Materials Furnished

The Contractor shall furnish all materials required to complete the work except such materials as may be designated in the Special Provisions to be furnished by the City.

Cleaning Equipment and Materials

The Contractor shall thoroughly clean all fixtures, apparatus, and equipment installed under his contract. Any dirt, rubbish or grease on walls, poles, walks, equipment or fixtures, for which the Contractor is responsible, must be removed by him and the premises left in first class condition in every respect. All rubbish resulting from the work shall be removed from the site by the Contractor, from time to time during construction, and/or when so directed by the Engineer.

Removal of Defective or Unauthorized Work

All work that has been rejected shall be remedied or removed and replaced by the Contractor in an acceptable manner and no additional compensation will be allowed him for such removal or replacement. Any work done beyond the lines and grades shown on the plans or established by the Engineer, or any extra work done without written authority, will be considered as unauthorized and will not be paid for. Work so done may be ordered removed at the Contractor's expense. Upon failure on the part of the Contract or to comply with any order of the Engineer made under the provisions of this article, the Engineer shall have authority to cause defective work to be remedied or removed and replaced and unauthorized work to be removed and to deduct cost of same from any monies due, or to become due, the Contractor.

Graffiti Abatement

All construction equipment, traffic control devices, and the general job site shall be maintained in an essentially graffiti-free state. The General Contractor will be solely responsible for all labor and materials required to maintain this condition. The General Contractor shall have 24 hours in which to rectify any graffiti condition brought to his/her attention in writing by the Engineer representing the City. Should the graffiti not be removed in the allotted time, a fee of $500.00 for each 24 hour period will be assessed by the City to the General Contractor until resolution of the situation. If the City determines that the graffiti cleanup is taking an inordinate amount of time, the City shall, at its own discretion, have the right to clean up the graffiti. The Contractor shall pay all costs associated with graffiti cleanup work performed by the City plus accrued penalt ies.

If the Contractor fails to pay for the cleanup, such payment shall be deducted from monthly progress payment due the Contractor.

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Quality Assurance

The City may retain various specialists such as material and soils testing laboratories to observe performance of work such as earthwork in connection with excavation, filling, and grading. Work performed that does not meet technical or design requirements shall be corrected by the Contractor at no additional expense to the City. No deviations from the Contract Documents without specific and written acceptance of the City shall be accepted.

4-2 PROTECTION.

Subsection 4-2 of the Standard Specifications is supplemented by the following:

Protection of Work and Materials

The Contractor assumes all responsibility for materials, storage, damage to equipment, and safety to all personnel and public, until final acceptance by the Agency. The Contractor will be held responsible for defective material, and if at any time there i s defective material obtained, the defective material shall be removed from the worksite and new material(s) shall be obtained.

4-3 INSPECTION.

4-3.1 General.

Subsection 4-3.1 of the Standard Specifications is supplemented by the following:

Concealment of Work

In order to allow for inspection, and in addition to any inspection required, the Contractor shall notify the Engineer sufficiently in advance of the permanent concealment of any materials or work.

If any work is concealed or performed without the prior notice specified above, then the work shall be subject to such tests or exposure as may be necessary to prove to the Engineer that the materials used and the work done are in conformity with the plans and specifications. All labor and equipment necessary for exposing and testing shall be furnished by the Contractor at its expense.

The Contractor shall replace, at its own expense, any materials or work damaged by exposure or testing.

4-4 TESTING.

Subsection 4-4 of the Standard Specifications is supplemented by the following:

Except as elsewhere specified, the Agency will bear the cost of testing material and/or workmanship which meet or exceed the requirements indicated in the Standard Specifications and the Special Provisions. The cost of all other tests, including the retes ting of material or workmanship that fails to pass the first test, shall be borne by the Contractor.

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If, after testing, it is found that sources of supply which have been approved do not furnish a uniform product, or if the product from any source proves unacceptable at any time, the Contractor shall furnish approved material from other approved sources. After approval, any material which becomes unfit for use due to improper storage, handling, or any other reason, shall be rejected.

4-6 TRADE NAMES.

Subsection 4-6 of the Standard Specifications is supplemented by the following:

The designation of a brand name or catalogue number in these specifications is not intended to restrict bidding. It shall be, as approved in writing, at the absolute discretion of the City, however, to determine whether or not any substitute product is in fact equal. Where the Contractor elects to use a substitute item to that named in the specifications or on the plans he shall first submit a written request to the Engineer and receive the Engineer's written approval to do so before incorporating the item in the project. Any substitute item not receiving such approval shall be removed.

SECTION 5 – LEGAL RELATIONS AND RESPONIBILITIES

5-3 LABOR.

5-3.1 General.

Subsection 5-3.1 of the Standard Specifications is supplemented by the following:

Employment of Apprentices

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

Information on award of contracts is reported to the California Department of Industrial Relations - Division of Apprenticeship Standards in accordance with Section 3098, Chapter 4, Division 3, of the California Labor Code. Information relative to apprent iceship 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 Branch offices.

5-3.3 Payroll Records.

Subsection 5-3.3 of the Standard Specifications is supplemented by the following:

All Contractors and subcontractors must furnish electronic certified payroll records directly to the Labor Commissioner (aka Division of Labor Standards Enforcement).

The Contractor is required to report payroll activities to ensure compliance with Section 5-3.2 of the Standard Specifications. The City may require the Contractor to also submit certified Payroll VER. 020723 C-15 PWCP 25-008
Summary Forms upon request, listing each person who is employed on their project by the Contractor and by Subcontractors, their classification and hourly rate.

When requested, certified payroll summaries, shall be submitted to the City. Pay requests will be processed after the City has reviewed the applicable payrolls and found them to be in compliance with California Labor Code.

5-4 INSURANCE.

5-4.2 General Liability Insurance.

Subsection 5-4.2 of the Standard Specifications is supplemented by the following:

Insurance Requirements for Contractors

Bidder's attention is directed to the insurance requirements below. It is highly recommended that bidders confer with their respective insurance carriers or brokers to determine in advance of bid submission the availability of insurance certificates and e ndorsements as prescribed and provided herein. If an apparent low bidder fails to comply strictly with the insurance requirements, that bidder may be disqualified from execution of contract until acceptable insurance is provided.

Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from, or in connection with, the performance of the work hereunder by the Contractor, his agents, representatives, employees or subcontractors. The cost of such insurance shall be included in the Contractor's bid.

Once the apparent low bidder has been identified, the apparent low bidder shall present evidence in writing to the City of Lancaster of the following limits of insurance coverage:

Commercial General Liability
Each Occurrence $5,000,000
Per Project General Aggregate $10,000,000
Including Products/Completed Operations
Including Contractual Liability/Independent Contractors Including Property Damage
XCU Coverage Must Not Be Excluded
(Coverage shall be at least as broad as ISO form CG2010 11/85 OR CG2010 07/04 AND CG2037 07/04, 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

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

A. The Contractor’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.

B. 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 sha ll procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses.

C. 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 Contractor’s insurance and shall not contribute with it.

D. Contractor shall furnish the City with Certificates of Insurance and 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.

2. List in the “Descriptions of Operations/Locations/Vehicles/Special Items” section:

PWCP 25-008 Marvin E. Crist Aquatics Facility
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

E. Contractor 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 Contractor.

F. The coverage provided under this contract shall not contain any special limitations on the scope of protection afforded to the City insured entities.

Verification of Coverage

Contractor shall furnish the Agency with certificates of insurance and with original endorsements effecting coverage required by this clause. All certificates and endorsements are to be received and approved by the Agency before work commences. The Agenc y reserves the right to require complete, certified copies of all required insurance policies, at any time.

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Subcontractors

Contractor shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein.

SECTION 6 – PROSECUTION AND PROGRESS OF THE WORK

6-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF THE WORK.

Subsection 6-1 of the Standard Specifications is supplemented by the following:

The Contractor shall submit an electronic Project Schedule to the Engineer for approval at least 48 hours prior to the preconstruction conference. The schedule shall be in the form of a progress chart of suitable scale to indicate appropriately the percentage of work scheduled for completion by any given date during the period. If the Contractor fails to submit a schedule within the time prescribed, the Engineer may withhold approval of progress payments until the Contractor submits the required schedule.

The Contractor shall update the schedule every two (2) weeks and provide the updated schedule to the Engineer and the Inspector. If, in the opinion of the Engineer , the Contractor falls behind the approved schedule, the Contractor shall take steps necessary to improve its progress, including those that may be required by the Engineer , without additional cost to the Agency. In this circumstance, the Engineer may require the Contractor to increase the number of shifts , overtime operations, days of work, and/or the amount of construction plant , and to submit for approval any supplementary schedule or schedules in chart form as the Engineer deems necessary to demonstrate how the approved rate of progress will be regained.

Failure of the Contractor to comply with the requirements of the Engineer under this clause shall be grounds for a determination
by the Engineer that the Contractor is not prosecuting the work with sufficient diligence to ensure completion within the time specified in the contract. Upon making this determination, the Engineer may terminate the Contractor 's right to proceed with the work, or any separable part of it, in accordance with the default terms of this contract.

In the event the Contractor must modify the Project Work Schedule, a written request to modify the Schedule shall be submitted to the Engineer for approval at least 48 hours prior to the intended change prior to commencing on the changed portion of the work. Performing work out of sequence with the approved schedule may result in issuance of a Stop Notice. Contract Working Days will continue to count until the schedule is revised and work sequence is compliant.

Preconstruction Conference

A Preconstruction Conference will be held for the Contractor, the subcontractors and affected agencies and utilities. The date, time and location of said conference shall be scheduled by the Engineer. The Contractor shall submit the following forms and/or information 48 hours prior to the preconstruction conference: Emergency Contact Information, Project Construction Schedule, Schedule of Values for all Lump Sum items, designation of Project Superintendent and designation of Certified Traffic Control Person assigned to the project.

VER. 020723 C-18 PWCP 25-008

Emergency Information

The names, addresses, and telephone numbers of the Contractor and subcontractors, or their representatives, shall be filed with the Engineer and the Los Angeles County Sheriff's Department prior to beginning the work.

6-2 PROSECUTION OF THE WORK.

Subsection 6-2 of the Standard Specifications is supplemented by the following:

The Contractor shall conduct his operations so as to have under construction no greater length or amount of work than he can prosecute properly. Prior to starting any phase of the work, the Contractor shall be prepared and shall have sufficient materials and labor on hand to prosecute the work to completion.

6-3 TIME OF COMPLETION.

6-3.1 General.

Subsection 6-3.1 of the Standard Specifications is supplemented by the following:

Holiday Moratorium

This project shall comply with the City of Lancaster Moratorium Policy. No excavation or work shall occur within the public right-of-way on Primary Arterials, Secondary Arterials, and Collector Streets between November 15
th to January 2 nd, except public safety emergency work or with written permission from the Engineer. Work commenced prior to the Holiday Moratorium shall be in such a condition that it will be resurfaced prior to November 15 th.

Night, Weekend and Holiday Work

No work shall be performed at night, on Saturdays, Sundays, or on holidays observed by the City of Lancaster, except work pertaining to the public safety, or with the permission of the Engineer and in accordance with such regulations as he shall furnish in writing.

Before performing any work at said times, except work pertaining to the public safety, the Contractor shall submit a written request to the Engineer 48 hours in advance of the intended nighttime, weekend, or holiday work so that proper inspection may be provided. "Night" as used in this paragraph shall be deemed to include the hours from 5 p.m. to 7 a.m. of the succeeding day.

The Contractor will reimburse the City for the inspector's time at the most current rate determined by the City's Finance Departme nt. At the time of this printing the rate for inspection is $ 166.00 per hour straight time, and $249.00 per hour overtime.

VER. 020723 C-19 PWCP 25-008

Listed below are the Holidays that will be observed by the City of Lancaster during 2026:

New Year’s Day Thursday, January 1
Martin Luther King, Jr. Day Monday, January 19
President's Day Monday, February 16
Memorial Day Monday, May 25
Juneteenth Friday, June 19
Independence Day Friday, July 3
Labor Day Monday, September 7
Columbus Day Monday, October 12
Veterans Day Wednesday, November 11
Thanksgiving Day Thursday, November 26
Day after Thanksgiving Friday, November 27
Christmas Eve Day Thursday, December 24
Christmas Day Friday, December 25
New Year’s Eve Day Thursday, December 31

Listed below are the Holidays that will be observed by the City of Lancaster during 2027:

New Year’s Day Friday, January 1
Martin Luther King, Jr. Day Monday, January 18
President's Day Monday, February 15
Memorial Day Monday, May 31
Juneteenth Friday, June 18
Independence Day Monday, July 5
Labor Day Monday, September 6
Columbus Day Monday, October 11
Veterans Day Thursday, November 11
Thanksgiving Day Thursday, November 25
Day after Thanksgiving Friday, November 26
Christmas Eve Day Thursday, December 23
Christmas Day Friday, December 24
New Year’s Eve Day Thursday, December 30

6-4 DELAYS AND EXTENSION OF TIME.

6-4.1 General.

The first paragraph of Subsection 6-4.1 of the Standard Specifications is supplemented by the following:

If delays are caused by unforeseen events beyond control of both the Contractor and the Agency, such delay will entitle the Contractor to an extension of time as provided herein, but the Contractor shall not be entitled to damages or additional payment due to such delays.

War, government regulations, labor disputes, strikes, floods, adverse weather necessitating cessation of labor, required "extra work", proper installation of required utilities in street right-of-way prior to paving, or other specific reasons as may be further described in the specifications may constitute such delay.

VER. 020723 C-20 PWCP 25-008

No extension of time will be granted for a delay caused by the Contractor's inability to obtain materials unless the Contractor furnishes to the Engineer documentary proof of the inability to obtain such materials in a timely manner in accordance with the sequence of the Contractor's operations and the approved construction schedule.

The Contractor will not be assessed liquidated damages for delay in completion of the project, when such delay is caused by failure of the Agency or the owner of the utility to provide for removal or relocation of existing utility facilities. Notwithstanding any of the provisions in Subsection 402-5 and Subsection 6-4.3 of the Standard Specifications relative to payment to the Contractor for actual loss due to utility delay; the Contractor will be entitled to an extension of time as provided in Subsection 6-4 but will not be entitled to any other compensation for such delay.

6-5 USE OF IMPROVEMENT DURING CONSTRUCTION.

Subsection 6-5 of the Standard Specifications is supplemented by the following:

Before taking possession of or using any work, the Engineer shall furnish the Contractor a list of items of work remaining to be performed or corrected on those portions of the work that the Agency intends to take possession of or use. However, failure of the Engineer to list any item of work shall not relieve the Contractor of responsibility for complying with the terms of the contract.

The Agency's possession or use shall not be deemed an acceptance of any work under the contract.

6-6 SUSPENSION OF THE WORK.

6-6.2 Archaeological and Paleontological Discoveries

Subsection 6-6.2 of the Standard Specifications is supplemented by the following:

During construction, if subsurface archaeological resources are encountered, they shall be left in place and a qualified archaeologist called to examine the findings. Work shall not resume until the archaeologist has reviewed the findings, made recommenda tions for their removal or preservation, and has a reasonable opportunity to carry out the necessary mitigation procedures.

If the Contractor shows that there is no reasonable way to proceed with other work items, the counting of working period will stop. There will be no compensation for this type of delay.

6-9 LIQUIDATED DAMAGES.

Subsection 6-9 of the Standard Specifications is supplemented by the following:

The amount of liquidated damages is hereby revised to $500 per calendar day.

In addition to the liquidated damages specified above, if the Contractor fails to complete the work within the time specified for completion, plus any authorized time extensions, the Agency shall have the right to charge the Contractor all or any part, as it may deem proper, of the actual costs of inspection, supervision and other overhead expenses that are directly chargeable to the project and that accrue after the expiration of such specified time for completion plus authorized extensions.

This charge will be in addition to the payment of liquidated damages.

VER. 020723 C-21 PWCP 25-008

SECTION 7 – MEASUREMENT AND PAYMENT

7-3 PAYMENT.

Subsection 7-3 of the Standard Specifications is supplemented by the following:

Drawing of Record

Contractor shall maintain a set of drawings on the job site to show all changes in work, dimensions of underground runs, locations, etc. Drawings shall be updated daily. Upon completion of the work, these drawings of record shall be delivered to the Engi neer. The project shall not be submitted for City Council acceptance prior to approval of Drawings of Record ("As Built Drawings"), and retention cannot be paid until 35 days after a "Notice of Completion" has been recorded by the County Recorder's office except such amounts as are required by law.

Taxes

Bidders shall include any and all taxes in their bids.

It shall be the sole responsibility of the bidder to determine the applicability of any and all taxes which may or may not be due under the provisions of these specifications.

7-3.2 Partial and Final Payment.

Subsection 7-3.2 of the Standard Specifications is supplemented by the following:

Regardless of Section 7-3.2 of the General Provisions of the Standard Specifications, 5% will be deducted and retained by the City from each progress payment, and the remainder less the amount of all previous payments, liquidated damages and penalties will be paid to the Contractor.

As between the City and any other party, whether it be the Contractor, his surety, subcontractor or any other party, the City shall have the first priority right to satisfy any and all of its claims, costs, losses, and damages, to the full amount of the re tention, which may have been caused by the Contractor in the execution, breach, or omission of his duties hereunder.

Prior to the commencement of the Work, the City shall provide a schedule of deadlines by which the Contractor must submit pay requests. Any pay requests submitted after the deadline has passed will be reviewed for the following payment period and no exceptions to the deadline will be considered. Request for payments are to only be submitted in the format for payment requests designated by the City.

Retention of Funds to Ensure Performance

Pursuant to Public Contract Code Section 22300 and upon Contractor's request, the City will make payment of funds retained from progress payments for performance security if the Contractor deposits in escrow with the City Treasurer or with a state or feder al-chartered bank acceptable to the City, funds under Government Code Section 16430 or bank or savings and loan certificates of deposit, upon the following terms and conditions:

VER. 020723 C-22 PWCP 25-008

A. The Contractor shall bear the expense of the City and the escrow agent, either the City Treasurer or the bank, in connection with the escrow deposit made.

B. Securities or certificates of deposit shall be of a value of at least 100% of the amounts of retention to be paid to the Contractor pursuant to this Section.

C. The Contractor shall enter into an escrow agreement satisfactory to the City which agreement shall include provisions governing inter alia:

1. The amount of securities to be deposited.

2. The Contractor shall be the beneficial owner of any securities substituted and shall receive any interest of dividends thereon.

3. The providing of powers of attorney or other documents necessary for the transfer of the securities to be deposited.

4. Conversion to cash to provide funds to meet defaults by the Contractor.

5. The decrease in value of securities on deposit.

6. The termination of the escrow upon completion of the Contract.

D. The Contractor shall obtain the written consent of the surety to the escrow agreement.

Final Payment of Retention; Presentment of All Claims; Release of Any Claims Not Presented

Contractor shall, at the time he requests the retention amount or return of the retention securities, present in writing all claims which he may have against the City. Any claims which have not been presented in writing to the City at or prior to such time shall be deemed waived, and in regard thereto, the City is thereby released and forever discharged of any responsibility as to such unpresented claims. For the purposes of this paragraph, an oral presentment shall not be deemed sufficient to constitute a presentment.

Release of Retained Funds

The funds retained by the City will be paid to the Contractor 35 days after a "Notice of Completion" has been recorded by the County Recorder's office, except such amounts as are required by law to be withheld by properly executed and filed notices to stop payment, or as may be authorized by the contract to be further retained.

Partial Payments

All pay requests shall be for work completed by the end of the month of each month and shall be submitted on or by the 5
th day of the following month. Payment shall be in the amount of the total value of work approved by the Engineer, less retention. Said estimate and payment will not be made when, in the judgment of the Engineer, the total value of the work done since the last estimate VER. 020723 C-23 PWCP 25-008
amounts to less than $300. Once pay requests are approved by City staff, they will be forwarded to the Finance Department to be included in the next available payment cycle.

Delayed Payments

All monies due the Contractor under the Contract will be paid as required by law, and it is understood that any delay in the preparation, approval and payment of these demands will not constitute a breach of Contract on the part of the Agency.

7-5 PAYMENT FOR CHANGES REQUESTED BY THE CONTRACTOR.

Subsection 7-5 of the Standard Specifications is supplemented by the following:

Value Engineering

The State of California Department of Transportation Standard Specifications, latest edition, Subsection 5-1.14, Cost Reduction Incentive, is included in these Specifications by reference herein.

Proprietary Names and Substitutions

a. Whenever any equipment, material, or process is indicated or specified by patent of proprietary name, or by name of manufacturer, such reference is used to establish the type, function, and quality required. Such references shall be deemed to be preceded by the words “equal and similar to.” The Contractor may offer any equipment, material, or process for which the Contractor submits data supporting that such are substantially equal to that indicated or specified. Final determination of the acceptability of such substitute items shall rest with the Engineer. Engineer may consider the strength, appearance, durability, reliability, dimension, finish, efficiency, maintainability, service history, life cycle cost, and other characteristics of the proposed substitute in making that determination.

b. A substitute item shall be a standard, catalogued product of a company regularly engaged in the manufacture of such items. No custom or prototype substitutes will be accepted. The Contractor shall certify that a substitute item will perform adequately th e functions and achieve the results called for by the general design, be similar and of equal substance, and be suited to the same use as the specified item. Contractor shall identify all differences between the proposed substitute and the specified, and state whether or not acceptance of the proposed substitute will require a change in the Contract Documents to adapt the design to the proposed substitute. Any redesign or changes in the Work resulting from acceptance of a substitute will be at the sole ex pense of the Contractor. The Contractor shall furnish such data concerning and perform such testing of the proposed substitute item and determine if it is substantially equal. Additional information requested by the Engineer shall be furnished by the Contractor within 7 calendar days of such request.

c. For purposes of approving substitutions prior to bid opening the Contractor shall submit the necessary paperwork 10 calendar days prior to bid opening. The project shall be bid based on the approved Plans and Specifications. If, and only if, a substitution is approved prior to bid opening, it shall thereby be considered part of the approved Plans and Specifications.

VER. 020723 C-24 PWCP 25-008
d. For purposes of approving substitutions as value engineering after bid opening, offers of substitute items shall be made within 25 percent of the total Contract Time after the Notice to Proceed. The Contractor shall allow the Engineer 28 calendar days rev iew time to evaluate substitute items unless otherwise stated in the Specifications. No extension of the Contract Time will be authorized for any circumstance developing from the provisions of this Subsection. Failure to comply with the provisions of thi s Subsection will be sufficient cause for rejection of a proposed substitute.

SECTION 400 – PROTECTION AND RESTORATION

400-1 GENERAL.

Section 400-1 of the Standard Specifications is supplemented by the following:

Clean-up and Restoration

(a) Clean-up: The Contractor shall properly clean the work as it progresses and prevent his operations from producing dust in amounts damaging to property or annoying persons living in the vicinity.
(b) Restoration: Any landscaping, fences, and walls disturbed during construction shall be replaced in a professional manner and as nearly as possible to their original condition.

(c) Payment: Payment for clean-up and restoration shall be included with other items of work.

Protection of Property

All facilities such as utilities, drainage structures, fences, walls, and other structures encountered shall be protected in place and any damage to such facilities shall be repaired or replaced immediately to the satisfaction of the Engineer. Fences and other structures may be removed only with the permission of the Engineer.

The Engineer has attempted to show all pertinent existing underground utilities or substructures; however, it is the Contractor's responsibility to use due caution and to protect all utilities or substructure discovered, whether shown on the Plans or not.

The Contractor shall be responsible for any and all damage resulting from his construction activities. The damage shall be repaired or replaced to the satisfaction of the Engineer prior to final approval of this project.

Use of Private Property

The Contractor shall not place construction materials, soil, debris or other materials and items such as vehicles and equipment on privately owned property in the vicinity of the project without first having obtained in writing the approval of the owner(s) of those properties. A copy of each such approval form shall be provided to the inspector before the property is used. Any such property shall be restored to the satisfaction of the owner and the City before the project will be accepted.

A written sign -off letter from the property owner shall be filed with the City prior to the final project acceptance by the City Council.

VER. 020723 C-25 PWCP 25-008

400-2 PERMANENT SURVEY MARKERS.

Section 400-2 of the Standard Specifications is supplemented by the following:

Existing land subdivision monuments and stakes shall be fully protected from damage or displacement and they shall not be disturbed unless directed by the Engineer. Full compensation for conforming to the requirements of this article shall be considered as included in the prices paid for the various items of work and no additional compensation will be made thereof.

All costs incurred for replacing existing survey monuments as a result of willful or careless destruction by the Contractor shall be borne by the Contractor.

SECTION 402 – UTILITIES

Section 402 of the Standard Specifications is supplemented by the following:

Location and Protection of Underground Hazardous Utilities

The Contractor is hereby notified that, as called out in the Special Provisions, there are underground utilities within the construction area which may be potentially hazardous if damaged.

A hazardous substance shall be defined as one having the potential for an immediate disaster, such as, but not limited to gasoline, electricity, fuel oil, butane, propane, chemicals, natural gas, or chlorine. Abandoned or inoperative utilities designed to carry hazardous substances shall be declared hazardous until determined otherwise.

During all excavation and trenching operations the Contractor will be required to exercise extreme precaution and protect these utilities from damage. Forty-eight (48) hours prior to any excavation in the proximity of the lines, the Contractor shall request the owners of these utilities, at the owner's cost, to accurately determine the locations and depths of their potentially hazardous lines as follows:

1. The Contractor shall not trench or excavate within the area where a utility known to carry a hazardous substance exists until the owner is present and its location has been determined by potholing or other proven methods acceptable to the Engineer at inter vals sufficient to determine its exact location. In no case shall the intervals between potholes or the location by other proven methods approved by the Engineer, exceed the distance set forth as follows:

a. Excavation for highway or street construction:

The utility shall be located at intervals not greater than 25' for lines up to 8" in diameter, 50' for lines greater than 8" to 24" in diameter, and 100' for lines greater than 24" in diameter.

b. Trench excavation:

VER. 020723 C-26 PWCP 25-008

(1) Longitudinal utilities:

Longitudinal utilities in the street shall be located at intervals not greater than 500'. If determined to be within 6' of the excavation, it shall be further located at intervals not greater than 100'.

If the longitudinal location is less than 3' from any excavation, the utility shall be located at intervals not greater than 25' for lines up to 8" in diameter, 50' for lines greater than 8" to 24" in diameter, and 100' for lines greater than 24" in diameter.

(2) Transverse utilities:

If the location of the utility is above the contract facility being installed it shall be carefully exposed by the owner and protected by the Contractor in a manner satisfactory to the owner prior to trenching or other excavation. If the clearance exceeds the minimums specified below, it need only be located.

c. After it is determined that the horizontal or vertical clearance between the utility known to carry hazardous substances and the construction limits is less than 12" (18" if scarifying), the Contractor shall confer with the owner. Unless the owner elects to relocate the line or take it out of service, the Contractor shall not excavate until the line has been completely exposed by the owner within the limits of construction.

2. Once the physical location of the utility known to carry hazardous substances has been determined, the Contractor, in cooperation with and with the concurrence of the utility owner, shall determine how to protect and/or support utility from damage before proceeding with this work. The owner of the utility has the right, however, to support and/or protect its utility at the sole expense of the Contractor.

3. The Contractor shall notify the contracting agency, the public agency maintaining records for that jurisdiction and the owner, if known, whenever previously unidentified or unknown underground utilities are encountered so that the location can be accurately established and made a part of the permanent substructure records.

Full compensation for complying with the above requirements shall be considered to be included in the applicable bid item(s) of work and no additional payments will be made therefore.

402-1 LOCATION.

402-1.1 General.

Subsection 402-1.1 of the Standard Specifications is supplemented by the following:

The Contractor shall obtain a City "no-fee" permit and notify Dig Alert (811) before commencing any excavations in areas where utilities would normally be located. All potholing of gas lines shall be per the Southern California Gas Company Potholing Policy provided in the Appendix.

VER. 020723 C-27 PWCP 25-008

Underground utilities known to the City are identified in the Special Provisions or on the Plans.

By the Contractor calling USA, such and other utilities should be marked on the project site.

Should there appear to be discrepancies between the utilities shown on the Plans and those marked by the Utilities, the Contractor should not proceed until verifying the correctness thereof. Where the project is on City property, the operating City Department will mark the substructures following a request by the Contractor.

The Contractor will not be assessed liquidated damages for delay in completion of the project when such delay is caused by failure of the Agency or the owner of the utility to provide for removal or relocation of existing conflicting utility facilities where such removal/relocation is not part of the Contractor's responsibility. Notwithstanding any of the provisions in Subsection 402-5 and Subsection 6-4.3 of the Standard Specifications relative to payment to the Contractor for actual loss due to utility delay; the Contractor will be entitled to an extension of time as provided in Subsection 6-4, but will not be entitled to any other compensation for such delay.

Some existing utility facilities may remain in place and the Contractor will be required to work around and pave up to said facilities. During paving operations, the Contractor shall cooperate with the owners of sleeve type valve covers and raise such covers to grade.

SECTION 600 – ACCESS

600-1 GENERAL.

Section 600-1 of the Standard Specifications is supplemented by the following:

Protection of the Public

The following minimum restrictions shall be maintained by the Contractor in the conduct of his work:

The Contractor shall make all provisions necessary to protect the public. The Contractor shall use foresight and shall take such steps and precautions as his operations warrant to protect the public.

Whenever, in the opinion of the Engineer, an emergency exists for which the Contractor has not taken sufficient precautions for the public safety, the Engineer will order the Contractor to provide a remedy for the unsafe condition. If the Contractor fails to act on the situation within a reasonable time period, the Engineer may direct such work to be done and material to be furnished as reasonable and necessary. The cost and expense of said labor and material together with the cost and expense of such repairs as are deemed necessary shall be borne by the Contractor. All expenses incurred by the Agency for emergency repairs will be deducted from the progress payments and the final payment due to the Contractor. The minimum cost to the Contractor for the A gency to provide such remedial measures shall be $500.00 per calendar day. However, whether or not the Agency does take such remedial measures, the Contractor is not relieved of the full responsibility for public safety.

VER. 020723 C-28 PWCP 25-008
Traffic Control and Public Convenience

The Contractor shall comply with Section 600 of the Standard Specifications and provide safe and continuous passage for pedestrian and vehicular traffic at all times. The Contractor shall provide and maintain all necessary flagmen, barricades, delineators, signs, flashers, and any other safety equipment as set forth in the latest version of the California Manual of Uniform Traffic Control Devices or as required by the Engineer to insure safe and continuous passage of traffic.

The Contractor shall provide one or more individuals certified by the Institute of Transportation Studies (ITS) (510) 231-9590, American Traffic Safety Services Association (ATSSA) (540) 368-1711, Global Environmental Network, Inc. (GENI) (714) 963-3961, the International Municipal Signal Association (IMSA) (800) 723-IMSA (4672), or other organizations as approved by the Engineer as having been trained in providing traffic control in a construction zone. The number of certified individuals required will be based on the size and complexity of the project and shall be determined by the Engineer. By submitting his bid, the Contractor acknowledges his awareness of this requirement and thereby warrants that said requirement will be met.

The certified individual shall be responsible for maintenance of all traffic control on the job site.

This individual shall review the traffic control on the job site periodically throughout the day. If at any time the Inspector and/or Engineer determine that the traffic control is inadequate, he shall immediately issue a stop notice to the Contractor. Work shall not recommence until adequate traffic control is in place.

In no case shall traffic be diverted off of the existing roadway without prior approval of the Engineer. When the Contractor has been given approval to divert traffic from the existing roadway, a paved detour shall be provided. Unless specifically approved in writing, all detours shall be constructed of A.C. pavement. Paved detours shall be provided at the Contractor's sole expense.

When work on a primary or secondary arterial street will divert traffic from normal patterns, a Changeable Message Board shall be placed to notify motorist of upcoming construction at least 72 hours prior to construction. The precise placement of the Changeable Message Board shall be coordinated with the Engineer. Placement of the Changeable Message Board does not preclude the Contractor from any other notifications or posting required on the plans or in the specifications.

A detailed Temporary Traffic Control Plan that is signed and stamped by a Registered Traffic Engineer or Registered Civil Engineer shall be required when any of the following items are true:

Temporary traffic control will be implemented for more than 5 calendar days, traffic will be moved over the street's centerline, more than one lane will be closed, or the work being performed is within 250' of an existing traffic signal. If required, the Temporary Traffic Control Plan shall be submitted by the Contractor to the Engineer for approval 7 calendar days prior to commencement of construction. Should the submitted Temporary Traffic Control Plans not meet the requirements of the Engineer, the Contractor shall have the plans revised as necessary until the plans a re approved by the Engineer. The failure of the Contractor to obtain an approved Temporary Traffic Control Plan shall not prevent the City from issuing a Notice to Proceed and/or counting contract days. A sample of anticipated Traffic Control Notes and General Notes is included in the Appendix to assist the Contractor in preparing the bid

In no case will the blackening-out of conflicting traffic striping, whether temporary or permanent, be allowed. All conflicting traffic striping and markings shall be removed by wet sand blasting or VER. 020723 C-29 PWCP 25-008
grinding, as determined by the Engineer. Pavement markings such as arrows and legends shall be removed in a squared- off or rounded- off pattern to adequately eliminate any evidence of the original configuration of the marking. All conflicting raised pavement markers shall be pried off and any remaining residue shall be removed by wet sandblasting. Any remaining residue or resultant material from utilizing stick-down delineators shall be removed in its entirety by grinding or wet sandblasting.

In order to facilitate the flow of the traffic during the contractual period, the Agency reserves the right to extend the limits of the project to include any areas where signing and delineating is deemed necessary by the Engineer. Lighted arrow boards shall be used whenever traffic diverted from the normal path of travel. Lighted arrow boards shall be solar powered unless otherwise authorized by the Engineer. Flag personnel shall be able to understand and give verbal directions in English to motorists a s to alternate routes or provide a map of the alternate routes. The Contractor shall provide and install signs indicating alternate routes. Said signs shall be posted in advance of work area. The number of lighted arrow boards used shall be one per dive rted traffic lane.

It shall be the Contractor's responsibility to maintain sufficient barricades adjacent to the project at all times during the construction to adequately protect the traveling public.

The Contractor shall be responsible for providing and maintaining an adequate number and layout of barricades and traffic cones around the work site. The Contractor shall not begin work until the Engineer has approved the placement and the number of barricades and delineators.

When entering or leaving roadways carrying public traffic, the Contractor's equipment, whether empty or loaded, shall in all cases yield to public traffic.

Contractor shall not close both sides of street at the same time. Any concrete sidewalk and driveway removals shall be replaced before a weekend, unless otherwise approved by the Engineer. Work on curb ramps shall be phased to two ramps at a time, and pedestrian accessibility must be maintained at all times. Concrete for Curb Ramp locations shall be placed back by week’s end (nothing left open over weekend).

Wearing of Reflective Clothing and Hard Hats

All persons working within the City right -of-way shall wear bright orange or lime green safety shirts, vests, or jackets (identifying to motorists that such personnel are part of an organized construction crew). All shirts, vests or jackets worn at night must be reflective. All persons working within City right-of-way or on City property shall wear hard hats. Should Contractor or subcontractor personnel be found working without required reflective clothing and hard hats, the General Contractor will be assessed $100 for each individual occurrence.

600-2 VEHICULAR ACCESS.

Section 600-2 of the Standard Specifications is supplemented by the following:

Temporary Access to Private Property

The Contractor shall make such necessary arrangements and provide temporary access during the construction period as may be required by the owners. Should any owner or tenant contact the VER. 020723 C-30 PWCP 25-008
City to register a complaint about inadequate access, the Engineer will immediately notify the Contractor to contact the offended owner or tenant to remedy the situation to the satisfaction of the owner or tenant. If the Engineer determines that the Contractor has not satisfactorily remedied the access problem within four (4) hours of notification by the Engineer, the Contractor shall be subject to a $250.00 fine. The Contractor shall be subject to an additional $250.00 fine for every four (4) working hour period following the first four (4) hour period, until the Contractor has remedied the access problem to the satisfaction of the owner or tenant, or until the Engineer has determined that the Contractor has made a reasonable effort.

SECTION 601 – TEMPORARY TRAFFIC CONTROL FOR CONSTRUCTION AND

MAINTENANCE WORK ZONES

601-1 GENERAL.

Section 601-1 of the Standard Specifications is supplemented by the following:

Parking Control

The Contractor shall inform the residents and businesses of the intended work and the scheduled dates and locations of the "TEMPORARY NO PARKING" areas within 72 hours of commencing work. Notification shall be in form of door hangers delivered to each individual address. The "TEMPORARY NO PARKING" notices will be placed at least 24 hours, but not more than 48 hours, in advance of the work. The notices shall be placed no more than 100' apart (unless otherwise specified by the Engineer) on each side of the street. All notices shall be removed upon completion of work. Notice shall not be placed on power or telephone poles at any time during construction.

- 1 -
COL and AVUHSD: MOU - Marvin E. Crist Aquatics Center; August 2026

MEMORANDUM OF UNDERSTANDING

This MEMORANDUM OF UNDERSTANDING (“MOU” or “Agreement”) is entered into and effective as of August 21, 2026 by and between the CI TY OF LANCASTER, a municipal corporation and charter city (“Lancaster”), and ANTELOPE VALLEY UNION HIGH SC HOOL DISTRICT a California Public School District “AVUHSD” (collectively, the “Parties”).

RECITALS

A. The purpose of this MOU is to establish a c ooperative and mutually beneficial working relationship between the parties wi th the goal of designing, building and operating the Marvin. E. Crist Aquatics Facility (“Facility”).

B. The parties desire to provide f unds to design, construct, maintain and operate the Facility. Both City and AVUHSD desire to memorialize the respective parties’ intended rights and obligations with respect to financing, construction and operation of the Facility.

C. The Parties intend to operate the Facility pu rsuant to Joint Use Agreement (“Joint Use Agreement”) to be mutually entered into and negotiated at a late date.

D. The Parties agree that shared and equitable access to the Facility will be defined in the Joint Use Agreement and that each Party will have unrestricted access to the Facility during the times and dates agreed upon in the Joint Use Agreement.

NOW, THEREFORE, the Parties agree as follows:

1. Additional Documents. The Parties may execute any and all other documents, including but not limited to contractor agreements, as are necessary to effectuate the performance of the Parties’ responsibilities as set forth in this MOU.

2. Capital Contributions. The parties agree to a 50/50 cost -sharing arrangement to contribute capital for the design and construction of the Facility not to exceed $100,000,000.00 (“Project Budget”). Any costs exceeding the Project Budget shall be split 50/ 50 between the Parties; provided, however, that AVUHSD’s 50% share of any cost overrun shall be expressly contingent upon prior formal written approval by the AVUHSD Board of Trustees. If the AVUHSD Boar d does not approve the additional funding, the City shall be solely responsible for any costs in excess of the Project Budget.

3. Disbursement Schedule.
a. The parties agree to the disbursement schedule as follows:
i. AVUHSD capital contribution of $50,000,000.00 will be applied and expended to the project first (“Total AVUHSD Contribution”). ii. City will invoice AVUHSD as needed for actual Design-Build costs up to Total AVUHSD Contribution.
iii. The City shall collaborate with AVUH SD on the design of the Facility, including without limitation:
a. Providing advanced notice to AVUHSD of all meetings between City and the design professional, wh ich AVUHSD may attend in its discretion.
b. AVUHSD shall be provided with all preliminary Facility design plans for review and input by AVUHSD.
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COL and AVUHSD: MOU - Marvin E. Crist Aquatics Center; August 2026

c. AVUHSD shall have the right to re view and approve the final design plans for the Facility, which ap proval shall not be unreasonably conditioned, delayed or denied.
iv. AVUHSD will remit payment within 30 days.
v. In the event the Project is abandoned, permanently halted, or fails to reach Substantial Completion within forty-tw o (42) months from the execution of the Design-Build contract (subject to ex tension solely for documented Force Majeure events or mutual written agreement of the Parties):
a. The City shall, within sixty (60) calendar days, refund to AVUHSD all unexpended and uncommitted AVUHSD funds then remaining. b. For any AVUHSD funds expended or legally committed toward the Facility prior to termination, the City shall use all diligent, good-faith efforts to recover such funds from contractors, insurance, or surety bonds, and shall promptly remit to AVUHSD its proportionate share of any recovered funds.
c. If the Project is permanently halted after AVUHSD funds have been expended and are not fully recovered under subsection (b), the Parties shall negotiate in good faith for a period not to exceed sixty (60) calendar days to provide AVUHSD a proportional real property interest, long-term leasehold, or secu red credit toward future facility use equivalent to AVUHSD’s unrecovered financial contribution.

4. Responsibilities of Lancaster.
a. Will award Design-Build Services through a competitively bid process. b. Will project manage the Design-Build of the Facility c. Will host project meetings to provide updates and communica te all design changes to the AVUHSD for discussion.
d. Will process, administer, and remit payments to the Design-Build contractor on behalf of AVUHSD for authorized project-related expenses pursuant to the terms of this MOU. e. Will invoice AVUHSD for the design build co sts as invoices are received from the contractor. Not to exceed the Total AVUHSD Contribution. f. Will provide AVUHSD with qua rterly expenditure reports to memorialize the City’s capital contribution.
g. The City shall require the Design-Build c ontractor to post Perfo rmance and Payment Bonds in an amount equal to 100% of the total contract value, naming both the City and AVUHSD as dual obligees, in a form mutually approved by the City and AVUHSD. In the event of a default by the Design-Build contractor, the City shall actively, diligently, and in commercial good faith enforce the Performance and Payment Bonds, as well as pursue all available legal remedies against the defaulting contractor and surety. The City shall exercise such enforcement with the express objective of completing the Facility without requiring capital contributi ons from AVUHSD beyond the Total AVUHSD Contribution. While the City shall not be deemed a guarantor or insurer of completion, the City shall not enter into any settlement or release with the co ntractor or surety regarding AVUHSD-funded work without AVUHSD's prior written consent. If the City fails to initiate or commercially pursue enforcement of the Performance and Payment Bonds in good faith within th irty (30) days of a contr actor default, AVUHSD, as a named dual obligee, shall have the independent right to directly pursue and enforce all - 3 -
COL and AVUHSD: MOU - Marvin E. Crist Aquatics Center; August 2026

rights and remedies under the Performance a nd Payment Bonds agai nst the contractor and surety.

5. Responsibilities of AVUHSD.

a. Will reimburse the Design-Build of the Facility not to exceed the Total AVUHSD Contribution.
b. Will participate in project meetings to ensure educational and athletic requirements are met.
c. Will timely review and provide feedback on design documents, project milestones, and proposed changes affecting educational or athletic programming. d. Will continue to work with the City in the development of a long-term Joint Use and Maintenance agreement.

6. Assurances. The parties each provide th e following assurances, representations, and warranties to the other party:
a. Each party possesses the legal authority to finance, acquire, develop, manage, operate and maintain the res ponsibilities pursuant to their respect ive obligations hereunder; that a resolution, motion or similar action has been duly adopted, passed, or approved as an official act of each Party’s governing body authorizing all understandings and assurances contained herein, and directi ng and authorizing the person id entified as the authorized representative of each Party to perform the duties imposed herein and to provide such additional information as may be required.
b. Parties will comply with all applicable requir ements of all local, state, and federal laws, regulations, and policies governing this MOU and performance by each party. c. Each party (the “Indemnifying Party”) agre es to defend, indemnify and hold the other party, its affiliates and each of their respec tive elected officials, officers, directors, employees, volunteers, contractor s and/or agents (collectivel y, an “Indemnified Party”) harmless from and against any action, claim, suit, investigation or other proceeding brought by a third party (a “C laim”) to the extent such Claim is caused by that Indemnifying Party’s operation of one or more of said events, or the negligent or willful misconduct of the Indemnifying Party or it s elected officials, officers, directors, employees, volunteers, contractors and/or agents arising out of or in connection with this agreement. The Indemnifying Party will indemnify and hold harmless the Indemnified Party from any liabilities, losses, damages, judgments, awards, fines, penalties, costs and expenses (including reasonable attorneys’ f ees, expert witness fees and/or costs of defense) incurred by or levied against such Indemnified Part y as a result of any such Claim. If the Indemnified Party seeks inde mnification with respect to a Claim, the Indemnifying Party’s obligations are c onditioned upon the Indemnified Party: (a) providing written notice to the Indemnifying Part y of any Claim within thirty (30) days after the Indemnified Party has knowledge of such Claim (except that failure to timely provide such notice will relieve the party of its obligations only to the extent the Indemnifying Party is materially prejudiced as a direct result of such delay); and (b) cooperating and, at the Indemnifying Party’s request and expense, assisting in such defense. Notwithstanding the foregoing, the Indemnified Party may participate at its own expense in the defense and any settlement discussions, and will have the right to approve any settlement agreement that involves an admission of fault by the Indemnified Party or - 4 -
COL and AVUHSD: MOU - Marvin E. Crist Aquatics Center; August 2026

imposes non-monetary obligations on the Indemnified Party; provided, however, that such approval will not be unreasonably withheld.

7. Insurance.
a. AVUHSD, at its own 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 $1,000,000
Per Project General Aggregate $2,000,000
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 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 $1,000,000
(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)

i. The AVUHSD’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.

ii. 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 loss es and related investigations, claim administration and defense expenses.

iii. 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.

iv. AVUHSD shall name the City, its elected officials, officers, employees, and - 5 -
COL and AVUHSD: MOU - Marvin E. Crist Aquatics Center; August 2026

volunteers as additional insu red, and shall furnish the City with Certificates of Insurance and with original endorsement s 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.

(2) List in the “Descriptions of Operations/Locations/Vehicles” section:

-Marvin E. Crist Aquatics Center Design-Build Project

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 “Certi ficate Holder” section:

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

b. The City, at its own 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 $1,000,000
Per Project General Aggregate $2,000,000
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 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 $1,000,000
(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)
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COL and AVUHSD: MOU - Marvin E. Crist Aquatics Center; August 2026

v. The City’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.

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

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

viii. The City shall name AVUHSD, its elected officials, officers, employees, and volunteers as additional insured, and shal l furnish AVUHSD with Certificates of Insurance and with original endorsement s 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 AVUHSD.

(2) List in the “Certificate Holder” section:
i. Antelope Valley Union High School District, 176 Holston Drive, Lancaster, CA 93535

8. Notices. Any notice, demand, request, consent, approval, or communication either party desires or is required to give to the other pa rty or any person shall be in email to the contacts set forth below, with “delivered” receipt requests, and/or in writing and either served personally or sent by prepaid, first-class mail to the address set forth below. Notice shall be deemed communicated twenty-four (24) hours from receipt of confirmation of email delivery or fort y-eight (48) hours from the time of mailing if mailed as provided in this section.

To: City of Lancaster
Attn: Trolis Niebla, City Manager
44933 North Fern Avenue
Lancaster, California 93534
[email protected]

To: Antelope Valley Union High School District
Attn: Greg Nehen, Superintendent
176 Holston Drive
Lancaster, California 93535
[email protected]
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COL and AVUHSD: MOU - Marvin E. Crist Aquatics Center; August 2026

9. Term. The term of this MOU shall commence on August 21, 2026 and shall remain in full force and effect until the MOU is terminated by the Parties in accordance with the terms set forth herein, or until the parties execute a Joint Use Agreement governing the facility, whichever is earlier. a. Joint Use Agreement Negotiation & Timeline: Within one hundred fifty (150) days of the effective date of this MOU, the Parties shall collaboratively draft a Joint Use Agreement (“Joint Use Agreement Period”). The Joint Use Agreement shall establish baseline operational terms, including guaranteed sche duling priority, facil ity access for AVUHSD athletic and educational pr ograms, and cost-sharing ratio s for ongoing maintenance and operations.
b. Execution Deadline and Suspension of F unding: The Parties shall finalize and fully execute the Joint Use Agreement no later th an one hundred fifty (150) days from the effective date of this MOU. In the event the Parties fail to execute the Joint Use Agreement within the Joint Use Agreement Period:
i. Funding Freeze: AVUHSD’s obligation to remit any future portion of the Total AVUHSD Contribution shall be suspended until execution of the Joint Use Agreement, and such suspension shall not be deemed a default or breach of this MOU by AVUHSD. Such suspension shall apply prospectively, provided that AVUHSD shall remain responsible only for its share of the Total AVUHSD Contribution for design or construction work authorized and performed prior to the effective date of the suspension. Throughout any such suspension, AVUHSD shall continue to negotiate and opera te in good faith with the City toward the mutual execution of the Joint Use Agreement. ii. Resumption of Payments: Capital di sbursements shall resume upon the mutual, full execution of the Joint Use Agreement. Subject to the full execution of said Agreement, AVUHSD shall rema in responsible for its proportionate share of costs for work formally approved by AVUHSD and performed prior to the suspension. During any suspension period, both Parties agree to continue good-faith negotiations to finalize the Joint Use Agreement, and neither Party shall be required to unilaterally fund the other Party's fi nancial obligations under this MOU.
iii. Contractor Invoicing: The City shall notify the Design-Build contractor of the potential payment pause if negotiations extend past day 120. AVUHSD shall not be held liable for pr oject delays caused by the unexecuted Joint Use Agreement.

10. Assignment of Agreement. The Parties hereto may not assign their obligations hereunder to any assignee without the knowledge and prior written consent of the other party.

11. General Provisions.
a. Except as otherwise provided herein, the terms, conditions, covenants and agreements set forth herein shall apply to and bind the he irs, executors, administrators, assigns and successors of the Parties hereto.
b. This MOU constitutes the entire agreement among the Parties hereto and supersedes all prior discussions, understandings , and agreements among Partie s hereto relating to the subject matter hereof.
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COL and AVUHSD: MOU - Marvin E. Crist Aquatics Center; August 2026

c. Time is expressly made of the essence with respect to the performance by the Parties of each and every obligation and condition of this MOU.
d. Each Party agrees to cooperate with the other in this transaction and, in that regard, to sign any and all documents which may be reasonably necessary, helpful, or appropriate to carry out the purposes and intent of this MOU not to supersede the rules and provisions set within this MOU.
e. Each Party represents and warrants to the other that: (i) they have carefully read this MOU, and in signing this MOU, they do so with full knowledge of any rights which they may have; (ii) they have received independent legal advice from their respective legal counsel as to the matters set forth in this MOU, or have knowingly chosen not to consult legal counsel as to the matters set forth in this MOU; and, (iii) they have freely signed this MOU without any reliance upon any agreement, promise, statemen t or representation by or on behalf of the other party, or their respective agents, employees, or attorneys, except as specifically set forth in this MOU, and without duress or coercion, whether economic or otherwise.

12. Termination.
a. Termination for Convenience: Either Party may terminate this MOU without cause prior to the expenditure or commitment of any funds by AVUHSD upon sixty (60) days’ written notice to the other Party.
b. Termination After Capital Disbursement: In the event the City terminates this MOU after AVUHSD has disbursed any funds pursuant to Section 3 or if the City otherwise determines to cease the construction and completion of the Facility:
i. The City shall immediately cease invoicing AVUHSD;
ii. The City shall, within thirty (30) da ys of the termination notice, reimburse AVUHSD for all unexpended and uncom mitted capital funds disbursed by AVUHSD; and
iii. For any funds already expended or lega lly committed toward the design or construction of the Facility, the Parties shall mutually agree, within sixty (60) calendar days of termination, to one of the following remedies:

1. Monetary Reimbursement: The City shall refund the total expended amount to AVUHSD within one hundred eighty (180) calendar days of termination; or

2. Property Rights / Secured Interest : The City shall grant AVUHSD a proportional, recorded real property interest, long-term leasehold, or perpetual, unencumbered joint-use ri ght in the Facil ity or underlying real property equivalent to AVUHSD’s total financial contribution, in a form reasonably acceptable to AVUHSD legal counsel.

If the Parties are unable to reach mutual agreement on a property interest or use right under subclause (iii)(2) within the sixty (60) day negotiation period, the City’s obligation to refund AVUHSD under subclause (iii)(1) shall become immediately binding.

13. Amendments. Any amendment, modification, or vari ation from the terms of this Agreement shall be effective only upon the mutual written approval of the Parties.

14. Severability. In the event that any provision or provisions of this Agreement are held unenforceable, all provisions not so held shall remain in full force and effect.

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COL and AVUHSD: MOU - Marvin E. Crist Aquatics Center; August 2026

15. Authority of Signatories. The persons executing this Agreement on behalf of the Parties hereto warrant that they are duly authorized to execute this agreement on behalf of said Parties and that by so executing this Agreement, the Parties are formally bound to the provisions of this Agreement.

[Signatures begin on following page]

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COL and AVUHSD: MOU - Marvin E. Crist Aquatics Center; August 2026

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

City of Lancaster Antelope Valley Union High School District

___________________________ ___________________________

By: Trolis Niebla By: Greg Nehen
Its: City Manager Its: Superintendent

___________________________ ___________________________

By: Allison Burns By: Trevin Sims
Its: City Attorney Its: Attorney (Lozano Smith)

___________________________ ___________________________

By: Andrea Alexander By: L. Rosemary Mann
Its: City Clerk Its: Clerk, Board of Trustees

MOU SUBMISSION APPROVAL:

___________________________

By: Sonya Patterson
Its: PARCS Director
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COL and AVUHSD: MOU - Marvin E. Crist Aquatics Center; August 2026

MEMORANDUM OF UNDERSTANDING

This MEMORANDUM OF UNDERSTANDING (“MOU” or “Agreement”) is entered into and effective as of August 21, 2026 by and between the CI TY OF LANCASTER, a municipal corporation and charter city (“Lancaster”), and ANTELOPE VALLEY UNION HIGH SC HOOL DISTRICT a California Public School District “AVUHSD” (collectively, the “Parties”).

RECITALS

A. The purpose of this MOU is to establish a c ooperative and mutually beneficial working relationship between the parties wi th the goal of designing, building and operating the Marvin. E. Crist Aquatics Facility (“Facility”).

B. The parties desire to provide f unds to design, construct, maintain and operate the Facility. Both City and AVUHSD desire to memorialize the respective parties’ intended rights and obligations with respect to financing, construction and operation of the Facility.

C. The Parties intend to operate the Facility pu rsuant to Joint Use Agreement (“Joint Use Agreement”) to be mutually entered into and negotiated at a late date.

D. The Parties agree that shared and equitable access to the Facility will be defined in the Joint Use Agreement and that each Party will have unrestricted access to the Facility during the times and dates agreed upon in the Joint Use Agreement.

NOW, THEREFORE, the Parties agree as follows:

1. Additional Documents. The Parties may execute any and all other documents, including but not limited to contractor agreements, as are necessary to effectuate the performance of the Parties’ responsibilities as set forth in this MOU.

2. Capital Contributions. The parties agree to a 50/50 cost -sharing arrangement to contribute capital for the design and construction of the Facility not to exceed $100,000,000.00 (“Project Budget”). Any costs exceeding the Project Budget shall be split 50/ 50 between the Parties; provided, however, that AVUHSD’s 50% share of any cost overrun shall be expressly contingent upon prior formal written approval by the AVUHSD Board of Trustees. If the AVUHSD Boar d does not approve the additional funding, the City shall be solely responsible for any costs in excess of the Project Budget.

3. Disbursement Schedule.
a. The parties agree to the disbursement schedule as follows:
i. AVUHSD capital contribution of $50,000,000.00 will be applied and expended to the project first (“Total AVUHSD Contribution”). ii. City will invoice AVUHSD as needed for actual Design-Build costs up to Total AVUHSD Contribution.
iii. The City shall collaborate with AVUH SD on the design of the Facility, including without limitation:
a. Providing advanced notice to AVUHSD of all meetings between City and the design professional, wh ich AVUHSD may attend in its discretion.
b. AVUHSD shall be provided with all preliminary Facility design plans for review and input by AVUHSD.
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COL and AVUHSD: MOU - Marvin E. Crist Aquatics Center; August 2026

c. AVUHSD shall have the right to re view and approve the final design plans for the Facility, which ap proval shall not be unreasonably conditioned, delayed or denied.
iv. AVUHSD will remit payment within 30 days.
v. In the event the Project is abandoned, permanently halted, or fails to reach Substantial Completion within forty-tw o (42) months from the execution of the Design-Build contract (subject to ex tension solely for documented Force Majeure events or mutual written agreement of the Parties):
a. The City shall, within sixty (60) calendar days, refund to AVUHSD all unexpended and uncommitted AVUHSD funds then remaining. b. For any AVUHSD funds expended or legally committed toward the Facility prior to termination, the City shall use all diligent, good-faith efforts to recover such funds from contractors, insurance, or surety bonds, and shall promptly remit to AVUHSD its proportionate share of any recovered funds.
c. If the Project is permanently halted after AVUHSD funds have been expended and are not fully recovered under subsection (b), the Parties shall negotiate in good faith for a period not to exceed sixty (60) calendar days to provide AVUHSD a proportional real property interest, long-term leasehold, or secu red credit toward future facility use equivalent to AVUHSD’s unrecovered financial contribution.

4. Responsibilities of Lancaster.
a. Will award Design-Build Services through a competitively bid process. b. Will project manage the Design-Build of the Facility c. Will host project meetings to provide updates and communica te all design changes to the AVUHSD for discussion.
d. Will process, administer, and remit payments to the Design-Build contractor on behalf of AVUHSD for authorized project-related expenses pursuant to the terms of this MOU. e. Will invoice AVUHSD for the design build co sts as invoices are received from the contractor. Not to exceed the Total AVUHSD Contribution. f. Will provide AVUHSD with qua rterly expenditure reports to memorialize the City’s capital contribution.
g. The City shall require the Design-Build c ontractor to post Perfo rmance and Payment Bonds in an amount equal to 100% of the total contract value, naming both the City and AVUHSD as dual obligees, in a form mutually approved by the City and AVUHSD. In the event of a default by the Design-Build contractor, the City shall actively, diligently, and in commercial good faith enforce the Performance and Payment Bonds, as well as pursue all available legal remedies against the defaulting contractor and surety. The City shall exercise such enforcement with the express objective of completing the Facility without requiring capital contributi ons from AVUHSD beyond the Total AVUHSD Contribution. While the City shall not be deemed a guarantor or insurer of completion, the City shall not enter into any settlement or release with the co ntractor or surety regarding AVUHSD-funded work without AVUHSD's prior written consent. If the City fails to initiate or commercially pursue enforcement of the Performance and Payment Bonds in good faith within th irty (30) days of a contr actor default, AVUHSD, as a named dual obligee, shall have the independent right to directly pursue and enforce all - 3 -
COL and AVUHSD: MOU - Marvin E. Crist Aquatics Center; August 2026

rights and remedies under the Performance a nd Payment Bonds agai nst the contractor and surety.

5. Responsibilities of AVUHSD.

a. Will reimburse the Design-Build of the Facility not to exceed the Total AVUHSD Contribution.
b. Will participate in project meetings to ensure educational and athletic requirements are met.
c. Will timely review and provide feedback on design documents, project milestones, and proposed changes affecting educational or athletic programming. d. Will continue to work with the City in the development of a long-term Joint Use and Maintenance agreement.

6. Assurances. The parties each provide th e following assurances, representations, and warranties to the other party:
a. Each party possesses the legal authority to finance, acquire, develop, manage, operate and maintain the res ponsibilities pursuant to their respect ive obligations hereunder; that a resolution, motion or similar action has been duly adopted, passed, or approved as an official act of each Party’s governing body authorizing all understandings and assurances contained herein, and directi ng and authorizing the person id entified as the authorized representative of each Party to perform the duties imposed herein and to provide such additional information as may be required.
b. Parties will comply with all applicable requir ements of all local, state, and federal laws, regulations, and policies governing this MOU and performance by each party. c. Each party (the “Indemnifying Party”) agre es to defend, indemnify and hold the other party, its affiliates and each of their respec tive elected officials, officers, directors, employees, volunteers, contractor s and/or agents (collectivel y, an “Indemnified Party”) harmless from and against any action, claim, suit, investigation or other proceeding brought by a third party (a “C laim”) to the extent such Claim is caused by that Indemnifying Party’s operation of one or more of said events, or the negligent or willful misconduct of the Indemnifying Party or it s elected officials, officers, directors, employees, volunteers, contractors and/or agents arising out of or in connection with this agreement. The Indemnifying Party will indemnify and hold harmless the Indemnified Party from any liabilities, losses, damages, judgments, awards, fines, penalties, costs and expenses (including reasonable attorneys’ f ees, expert witness fees and/or costs of defense) incurred by or levied against such Indemnified Part y as a result of any such Claim. If the Indemnified Party seeks inde mnification with respect to a Claim, the Indemnifying Party’s obligations are c onditioned upon the Indemnified Party: (a) providing written notice to the Indemnifying Part y of any Claim within thirty (30) days after the Indemnified Party has knowledge of such Claim (except that failure to timely provide such notice will relieve the party of its obligations only to the extent the Indemnifying Party is materially prejudiced as a direct result of such delay); and (b) cooperating and, at the Indemnifying Party’s request and expense, assisting in such defense. Notwithstanding the foregoing, the Indemnified Party may participate at its own expense in the defense and any settlement discussions, and will have the right to approve any settlement agreement that involves an admission of fault by the Indemnified Party or - 4 -
COL and AVUHSD: MOU - Marvin E. Crist Aquatics Center; August 2026

imposes non-monetary obligations on the Indemnified Party; provided, however, that such approval will not be unreasonably withheld.

7. Insurance.
a. AVUHSD, at its own 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 $1,000,000
Per Project General Aggregate $2,000,000
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 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 $1,000,000
(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)

i. The AVUHSD’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.

ii. 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 loss es and related investigations, claim administration and defense expenses.

iii. 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.

iv. AVUHSD shall name the City, its elected officials, officers, employees, and - 5 -
COL and AVUHSD: MOU - Marvin E. Crist Aquatics Center; August 2026

volunteers as additional insu red, and shall furnish the City with Certificates of Insurance and with original endorsement s 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.

(2) List in the “Descriptions of Operations/Locations/Vehicles” section:

-Marvin E. Crist Aquatics Center Design-Build Project

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 “Certi ficate Holder” section:

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

b. The City, at its own 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 $1,000,000
Per Project General Aggregate $2,000,000
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 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 $1,000,000
(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)
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COL and AVUHSD: MOU - Marvin E. Crist Aquatics Center; August 2026

v. The City’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.

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

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

viii. The City shall name AVUHSD, its elected officials, officers, employees, and volunteers as additional insured, and shal l furnish AVUHSD with Certificates of Insurance and with original endorsement s 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 AVUHSD.

(2) List in the “Certificate Holder” section:
i. Antelope Valley Union High School District, 176 Holston Drive, Lancaster, CA 93535

8. Notices. Any notice, demand, request, consent, approval, or communication either party desires or is required to give to the other pa rty or any person shall be in email to the contacts set forth below, with “delivered” receipt requests, and/or in writing and either served personally or sent by prepaid, first-class mail to the address set forth below. Notice shall be deemed communicated twenty-four (24) hours from receipt of confirmation of email delivery or fort y-eight (48) hours from the time of mailing if mailed as provided in this section.

To: City of Lancaster
Attn: Trolis Niebla, City Manager
44933 North Fern Avenue
Lancaster, California 93534
[email protected]

To: Antelope Valley Union High School District
Attn: Greg Nehen, Superintendent
176 Holston Drive
Lancaster, California 93535
[email protected]
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COL and AVUHSD: MOU - Marvin E. Crist Aquatics Center; August 2026

9. Term. The term of this MOU shall commence on August 21, 2026 and shall remain in full force and effect until the MOU is terminated by the Parties in accordance with the terms set forth herein, or until the parties execute a Joint Use Agreement governing the facility, whichever is earlier. a. Joint Use Agreement Negotiation & Timeline: Within one hundred fifty (150) days of the effective date of this MOU, the Parties shall collaboratively draft a Joint Use Agreement (“Joint Use Agreement Period”). The Joint Use Agreement shall establish baseline operational terms, including guaranteed sche duling priority, facil ity access for AVUHSD athletic and educational pr ograms, and cost-sharing ratio s for ongoing maintenance and operations.
b. Execution Deadline and Suspension of F unding: The Parties shall finalize and fully execute the Joint Use Agreement no later th an one hundred fifty (150) days from the effective date of this MOU. In the event the Parties fail to execute the Joint Use Agreement within the Joint Use Agreement Period:
i. Funding Freeze: AVUHSD’s obligation to remit any future portion of the Total AVUHSD Contribution shall be suspended until execution of the Joint Use Agreement, and such suspension shall not be deemed a default or breach of this MOU by AVUHSD. Such suspension shall apply prospectively, provided that AVUHSD shall remain responsible only for its share of the Total AVUHSD Contribution for design or construction work authorized and performed prior to the effective date of the suspension. Throughout any such suspension, AVUHSD shall continue to negotiate and opera te in good faith with the City toward the mutual execution of the Joint Use Agreement. ii. Resumption of Payments: Capital di sbursements shall resume upon the mutual, full execution of the Joint Use Agreement. Subject to the full execution of said Agreement, AVUHSD shall rema in responsible for its proportionate share of costs for work formally approved by AVUHSD and performed prior to the suspension. During any suspension period, both Parties agree to continue good-faith negotiations to finalize the Joint Use Agreement, and neither Party shall be required to unilaterally fund the other Party's fi nancial obligations under this MOU.
iii. Contractor Invoicing: The City shall notify the Design-Build contractor of the potential payment pause if negotiations extend past day 120. AVUHSD shall not be held liable for pr oject delays caused by the unexecuted Joint Use Agreement.

10. Assignment of Agreement. The Parties hereto may not assign their obligations hereunder to any assignee without the knowledge and prior written consent of the other party.

11. General Provisions.
a. Except as otherwise provided herein, the terms, conditions, covenants and agreements set forth herein shall apply to and bind the he irs, executors, administrators, assigns and successors of the Parties hereto.
b. This MOU constitutes the entire agreement among the Parties hereto and supersedes all prior discussions, understandings , and agreements among Partie s hereto relating to the subject matter hereof.
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COL and AVUHSD: MOU - Marvin E. Crist Aquatics Center; August 2026

c. Time is expressly made of the essence with respect to the performance by the Parties of each and every obligation and condition of this MOU.
d. Each Party agrees to cooperate with the other in this transaction and, in that regard, to sign any and all documents which may be reasonably necessary, helpful, or appropriate to carry out the purposes and intent of this MOU not to supersede the rules and provisions set within this MOU.
e. Each Party represents and warrants to the other that: (i) they have carefully read this MOU, and in signing this MOU, they do so with full knowledge of any rights which they may have; (ii) they have received independent legal advice from their respective legal counsel as to the matters set forth in this MOU, or have knowingly chosen not to consult legal counsel as to the matters set forth in this MOU; and, (iii) they have freely signed this MOU without any reliance upon any agreement, promise, statemen t or representation by or on behalf of the other party, or their respective agents, employees, or attorneys, except as specifically set forth in this MOU, and without duress or coercion, whether economic or otherwise.

12. Termination.
a. Termination for Convenience: Either Party may terminate this MOU without cause prior to the expenditure or commitment of any funds by AVUHSD upon sixty (60) days’ written notice to the other Party.
b. Termination After Capital Disbursement: In the event the City terminates this MOU after AVUHSD has disbursed any funds pursuant to Section 3 or if the City otherwise determines to cease the construction and completion of the Facility:
i. The City shall immediately cease invoicing AVUHSD;
ii. The City shall, within thirty (30) da ys of the termination notice, reimburse AVUHSD for all unexpended and uncom mitted capital funds disbursed by AVUHSD; and
iii. For any funds already expended or lega lly committed toward the design or construction of the Facility, the Parties shall mutually agree, within sixty (60) calendar days of termination, to one of the following remedies:

1. Monetary Reimbursement: The City shall refund the total expended amount to AVUHSD within one hundred eighty (180) calendar days of termination; or

2. Property Rights / Secured Interest : The City shall grant AVUHSD a proportional, recorded real property interest, long-term leasehold, or perpetual, unencumbered joint-use ri ght in the Facil ity or underlying real property equivalent to AVUHSD’s total financial contribution, in a form reasonably acceptable to AVUHSD legal counsel.

If the Parties are unable to reach mutual agreement on a property interest or use right under subclause (iii)(2) within the sixty (60) day negotiation period, the City’s obligation to refund AVUHSD under subclause (iii)(1) shall become immediately binding.

13. Amendments. Any amendment, modification, or vari ation from the terms of this Agreement shall be effective only upon the mutual written approval of the Parties.

14. Severability. In the event that any provision or provisions of this Agreement are held unenforceable, all provisions not so held shall remain in full force and effect.

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COL and AVUHSD: MOU - Marvin E. Crist Aquatics Center; August 2026

15. Authority of Signatories. The persons executing this Agreement on behalf of the Parties hereto warrant that they are duly authorized to execute this agreement on behalf of said Parties and that by so executing this Agreement, the Parties are formally bound to the provisions of this Agreement.

[Signatures begin on following page]

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COL and AVUHSD: MOU - Marvin E. Crist Aquatics Center; August 2026

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

City of Lancaster Antelope Valley Union High School District

___________________________ ___________________________

By: Trolis Niebla By: Greg Nehen
Its: City Manager Its: Superintendent

___________________________ ___________________________

By: Allison Burns By: Trevin Sims
Its: City Attorney Its: Attorney (Lozano Smith)

___________________________ ___________________________

By: Andrea Alexander By: L. Rosemary Mann
Its: City Clerk Its: Clerk, Board of Trustees

MOU SUBMISSION APPROVAL:

___________________________

By: Sonya Patterson
Its: PARCS Director
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STAFF REPORT
City of Lancaster
NB 2
8/25/2026
TN
Date: August 25, 2026
To: Mayor Parris and City Council Members
From: Marissa Diaz, Director – Public Works
Nicholas Godin, Assistant Director – PW City Engineering Subject: Grant Agreement with the U.S. Department of Transportation for Fiscal Year 2023 Safe Streets and Roads for All Grant Program
Recommendations:

1. Approve a Grant Agreement with the U.S. Department of Transportation for Fiscal Year 2023 Safe Streets and Roads for All (SS4A) Grant Program for the Equitable Complete Streets for Challenger Way Corridor project (Public Works Construction Project 27-002); and authorize the City Manager, or his designee, to sign all documents.

2. Recognize revenues and approve the appropriation of $19,652,736.00 in SS4A grant funds from the U.S. Department of Transportation for the project.

G.C. Section 84308: No
Fiscal Impact:
$19,652,736.00 in SS4A grant funding. With this appropriation, sufficient funds will be available in the Capital Improvement Budget in project string CP16ST038, GL Account 30049900.8000.

Background:

In 2021, the City secured a grant from the California Department of Transportation (Caltrans) to prepare a Local Road Safety Plan (LRSP) and establish a Vision Zero program. The LRSP was intended to identify priority safety emphasis areas and guide future evaluation and investment in the City's transportation network.

The LRSP analyzed citywide crash data from 2015 through 2019, and identified infrastructure and programmatic strategies to improve roadway safety. Recommended engineering countermeasures included roadway and intersection improvements. Non-engineering strategies focused on 2 4
9 3
education, coordination with law enforcement and emergency response agencies, and the use of emerging transportation safety technologies. In 2022, the City Council adopted the LRSP, the Vision Zero Resolution, and the City's High-Injury and Fatality Networks.

The planning effort identified Challenger Way between Avenue I and Avenue K-12 as a priority corridor for Complete Streets improvements. Recommended improvements include bicycle lanes, wider sidewalks, additional crosswalks, and other active transportation infrastructure to improve safety and mobility for all roadway users. Based on these recommendations, City staff developed the project scope, submitted an application to the U.S. Department of Transportation's Safe Streets and Roads for All (SS4A) Grant Program, and was awarded funding in 2023.

Since receiving the award, City staff have worked to secure the required local matching funds and negotiate the grant agreement in coordination with the City Attorney's Office and the Federal Highway Administration (FHWA). The U.S. Department of Transportation approved a tapered match agreement, allowing the City to utilize 100 percent Federal funding during the Base Phase (Supplemental Planning, Preliminary Engineering, and National Environmental Policy Act [NEPA] Clearance) and Phase 1 (Final Design, Right-of-Way, and Utility Relocation). When the Fiscal Year 2028-2029 Measure M MSP funds become available, the City will execute a funding agreement for the local match and return to City Council through a future staff report to appropriate the required funds. The programmed Measure M MSP funds will provide the local match during Phase 2 (Construction), resulting in the required overall 80/20 Federal-Local funding split for the project.

NG/cvh
Attachment:

SS4A Grant Agreement
1 of 17

1. Federal Award No.
693JJ32640686

2. Effective Date
See No. 16 Below

3. Assistance Listings No.

20.939

4. Award To
City of Lancaster
44933 Fern Avenue
Lancaster, CA 93534

Unique Entity Id.: PLPTTCNAL6E1
TIN No.: 95-3213004

5. Sponsoring Office
U.S. Department of Transportation
Federal Highway Administration
Office of Safety
1200 New Jersey Avenue, SE
HSSA-1, Mail Drop W56-485
Washington, DC 20590

6. Period of Performance
Effective Date of Award – 60
months

7. Total Amount
Federal Share:

Recipient Share:

Other Federal Funds:

Other Funds:

Total:

$19,652,736
$4,913,184
$0
$0
$24,565,920

8. Type of Agreement
Grant

9. Authority
Section 24112 of the Infrastructure Investment and Jobs Act (IIJA; Pub. L. 117–58, November 15, 2021)

10. Procurement Request No.

HSA240239PR

11. Federal Funds Obligated
Base Phase Pre-NEPA (includes Preliminary Design and NEPA):
$1,318,978

12. Submit Payment Requests To
See Article 5.

13. Accounting and Appropriations Data
15X0174E50.0000.055SR30500.5592000000.41010.61006600

14. Description of the Project
Improve multi-modal safety along the Challenger Way corridor, from Avenue I to Avenue L. This is a phased agreement.

RECIPIENT

15. Signature of Person Authorized to Sign

___________________________________
Signature Date Name: Trolis Niebla
Title: City Manager

FEDERAL HIGHWAY ADMINISTRATION

16. Signature of Agreement Officer

______________________________________
Signature Date Name: Ryan Buck
Title: Agreement Officer
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U.S. DEPARTMENT OF TRANSPORTATION

GRANT AGREEMENT UNDER THE
FISCAL YEAR 2023 SAFE STREETS AND ROADS FOR ALL GRANT PROGRAM

This agreement is between the United States Department of Transportation’s (the “USDOT”) Federal Highway Administration (the “FHWA”) and the City of Lancaster, California (the “Recipient”).

This agreement reflects the selection of the Recipient to receive a Safe Streets and Roads for All (“SS4A”) Grant for the Equitable Complete Streets for Challenger Way Corridor.

The parties therefore agree to the following:

ARTICLE 1

GENERAL TERMS AND CONDITIONS

1.1 General Terms and Conditions.
(a) In this agreement, “General Terms and Conditions” means the content of the document titled “General Terms and Conditions Under the Fiscal Year 2023 Safe Streets and Roads for All (“SS4A”) Grant Program,” dated November 4, 2025 which is available at https://www.transportation.gov/grants/ss4a/grant-agreements under “Fiscal Year 2023.” Articles 7– 30 are in the General Terms and Conditions. The General Terms and Conditions are part of this agreement.
(b) The Recipient acknowledges that it has knowledge of the General Terms and Conditions. Recipient also states that it is required to comply with all applicable Federal laws and regulations including, but not limited to, the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (2 CFR part 200); National Environmental Policy Act (NEPA) (42 U.S.C. § 4321 et seq.); and Build America, Buy America Act (IIJA, div. G §§ 70901-27). (c) The Recipient acknowledges that the General Terms and Conditions impose obligations on the Recipient and that the Recipient’s non-compliance with the General Terms and Conditions may result in remedial action, termination of the SS4A Grant, disallowing costs incurred for the Project, requiring the Recipient to refund to the FHWA the SS4A Grant, and reporting the non-compliance in the Federal-government-wide integrity and performance system.

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ARTICLE 2

APPLICATION, PROJECT, AND AWARD

2.1 Application.

Application Title: Equitable Complete Streets for Challenger Way Corridor Application Date: 07/10/2023

2.2 Award Amount.

SS4A Grant Amount: $19,652,736

2.3 Federal Obligation Information.

Federal Obligation Type: Multiple
Obligation Condition Table
Phase of the
Project
Allocation of the
SS4A Grant
Obligation Condition
Base Phase:

Supplemental
Planning,
Preliminary
engineering &
NEPA
$1,318,978
Option Phase 1:

Final Design,
Right-of-Way,
and Utility
Relocation
$1,677,614 The Recipient shall not expend any funds
(Federal or non-Federal) for, seek
reimbursement of eligible costs, or otherwise
begin any part of the final design and
construction of an Implementation Project unless
and until:
(1)The requirements of the National
Environmental Policy Act (42 U.S.C. § 4321
et seq.) (“NEPA”), Section 106 of the
National Historic Preservation Act (16
U.S.C. § 470f) (“NHPA”), and any other
applicable environmental laws and
regulations have been met; and
(2)FHWA, or a State with applicable NEPA
Assignment authority, has approved the
NEPA document for the Project and
provided the Recipient with a written notice
that the environmental review process is
complete; and
(3) FHWA has obligated additional funds for
this phase and notified the Recipient in
writing that the Recipient may proceed to the
next activity after NEPA approval, and the
Recipient has acknowledged receipt in
writing of FHWA’s notification. Recipient
shall not proceed with any such activities
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until (2) and (3) as described in this section
are met. Costs that are incurred before (2)
and (3) as described in this section are met
are not allowable costs under this agreement.

Extent of activities that are permissible before
NEPA is complete are those activities
constituting “preliminary design” as specified in
FHWA Order 6640.1A.

Option Phase 2:

Construction
$16,656,144 The Recipient shall not expend any funds
(Federal or non-Federal) for, seek
reimbursement of eligible costs, or otherwise
begin any part of the construction or final design
and construction of a Project unless and until:
(1)The requirements of the National
Environmental Policy Act (42 U.S.C. § 4321 et
seq.) (“NEPA”), Section 106 of the National
Historic Preservation Act (16 U.S.C. § 470f)
(“NHPA”), and any other applicable
environmental laws and regulations have been
met; and
(2)FHWA, or a State with applicable NEPA
Assignment authority, has approved the
NEPA document for the Project and
provided the Recipient with a written notice
that the environmental review process is
complete; and
(3) FHWA has obligated additional funds for
this phase and notified the Recipient in
writing that the Recipient may proceed to the
next activity after NEPA approval, and the
Recipient has acknowledged receipt in
writing of FHWA’s notification. Recipient
shall not proceed with any such activities
until (2) and (3) as described in this section
are met. Costs that are incurred before (2)
and (3) as described in this section are met
are not allowable costs under this agreement.

Extent of activities that are permissible before
NEPA is complete are those activities
constituting “preliminary design” as
specified in FHWA Order 6640.1A.

2.4 Budget Period.

Base Phase Budget Period: Effective Date of Award – June 30, 2031 Option Phase 1 Budget Period: Reserved
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Option Phase 2 Budget Period: Reserved

2.5 Grant Designation.

Designation: Implementation
ARTICLE 3

SUMMARY PROJECT INFORMATION

3.1 Summary of Project’s Statement of Work.

The grant will transform Challenger Way from Avenue I to Avenue L. The improvements will add wider protected bikeways and a raised median with native plantings with left-turn access along the entire length of the corridor. There will also be restricted left turns from some local streets onto Challenger Way. The bikeways will be protected with striped buffers and vertical bollards where appropriate. Additional street lighting will be installed along the corridor, where required, and the existing pavement along the corridor will be rehabilitated. At stop-controlled intersections, crosswalk bulb-outs and high-visibility continental crosswalks will be installed, along with additional visibility improvements.

Supplemental Planning Narrative:

In addition to the Equitable Complete Streets for Challenger Way Corridor project, the grant will fund supplemental planning efforts to expand upon the progress made by the Local Roadway Safety Plan (LRSP) and the Safe Routes to School Master Plan. These supplemental planning efforts will identify specific roadway safety projects for development of low-cost, high-impact countermeasures that will reduce roadway fatalities and serious injuries. This effort will prepare a suite of projects that will be developed on the conceptual level to facilitate implementation. This supplemental planning effort will also develop an implementation plan for these improvements, identifying funding sources, timelines, and other necessary considerations for the projects to be built. This grant will not change the number of vehicle travel lanes.

The project will be completed in three phases.

Base Phase: Supplemental Planning, Preliminary engineering & NEPA: Complete supplemental planning activities, and preliminary engineering and NEPA for the Implementation grant. This phase will also complete the Final Report and incorporate the supplemental planning activities into the Local Road Safety Plan.

Option Phase 1: Final Design, Right-of-Way, and Utility Relocation: Complete design, right of way and utility coordination for Challenger Way from Avenue I to Avenue L.

Option Phase 2: Construction: Construct improvements on Challenger Way.

3.2 Project’s Estimated Schedule.

Supplemental Planning Schedule
6 of 17

Milestone Schedule Date
Planned Final Plan Publicly Available
Date:

January 30, 2028
Planned SS4A Final Report Date: July 30, 2031

Implementation Schedule (Construction)
Milestone Schedule Date
Planned NEPA Completion Date: March 20, 2028
Planned Construction Start Date: July 31, 2029
Planned Construction Substantial
Completion and Open to Public Use Date:

October 31, 2030
Planned SS4A Final Report Date: July 30, 2031

3.3 Project’s Estimated Costs.
(a) Eligible Project Costs
Eligible Project Costs
SS4A Grant Amount: $19,652,736
Other Federal Funds: $0
State Funds: $0
Local Funds: $4,913,184
In-Kind Match: $0
Other Funds: $0
Total Eligible Project Cost: $24,565,920

(b) Cost Classification Table

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Cost Classification Total Costs
Non-SS4A
Previously
Incurred
Costs Eligible Costs
Architectural and engineering fees $2,796,592 $0 2,796,592 Project inspection fees $1,597,728 $0 $1,597,728
Construction $16,643,000 $0 $16,643,000
Miscellaneous* $200,000 $0 $200,000
Contingency $3,328,600 $0 $3,328,600
Project Total $24,565,920 $0.00 $24,565,920
* Miscellaneous Costs: Includes the contract cost to complete supplemental planning activities.

(c) Indirect Costs

Indirect costs are allowable under this Agreement in accordance with 2 CFR part 200 and the Recipient’s approved Budget Application. In the event the Recipient’s indirect cost rate changes, the Recipient will notify FHWA of the planned adjustment and provide supporting documentation for such adjustment. This Indirect Cost provision does not operate to waive the limitations on Federal funding provided in this document. The Recipient’s indirect costs are allowable only insofar as they do not cause the Recipient to exceed the total obligated funding.

ARTICLE 4

RECIPIENT INFORMATION

4.1 Recipient Contact(s).

Rosa Elias
Senior Engineer - Capital
City of Lancaster
44933 Fern Avenue, Lancaster, CA 93534
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(661) 723-5805
[email protected]

4.2 Recipient Key Personnel.

Name Title or Position
Nick Godin City Engineer
Rosa Elias Project Manager
Erika Figueroa Analyst

4.3 USDOT Project Contact(s).

Safe Streets and Roads for All Program Manager
Federal Highway Administration
Office of Safety
HSSA-1, Mail Stop: W56-485
1200 New Jersey Avenue, S.E.

Washington, DC 20590
[email protected]

and

Agreement Officer (AO)
Federal Highway Administration
Office of Competitive Grants and Workforce Programs
HACG-30, Mail Stop W51-232
1200 New Jersey Avenue, S.E.

Washington, DC 20590
[email protected]

and

Division Administrator - California
Agreement Officer’s Representative (AOR)
650 Capitol Mall, Suite 4-100
Sacramento, CA 95814
(916) 498-5001
[email protected]

and

Zylkia Martín-Yambó
California Division Office Lead Point of Contact
Project Delivery Team Leader, South
888 S. Figueroa St, Ste. 440,
Los Angeles, CA 90017
(213) 894-6663
[email protected]
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ARTICLE 5

USDOT ADMINISTRATIVE INFORMATION

5.1 Office for Subaward and Contract Authorization.

USDOT Office for Subaward and Contract Authorization: FHWA Office of Competitive Grants and Workforce Programs

SUBAWARDS AND CONTRACTS APPROVAL
Note: See 2 CFR § 200.331, Subrecipient and contractor determinations, for definitions of subrecipient (who is awarded a subaward) versus contractor (who is awarded a contract).

Note: Recipients with a procurement system deemed approved and accepted by the Government or by the Agreement Officer (the “AO”) are exempt from the requirements of this clause. See 2 CFR 200.317 through 200.327.

In accordance with 2 CFR 200.308( f)(6), the recipient or subrecipient shall obtain prior written approval from the USDOT agreement officer for the subaward, if the subaward activities were not proposed in the application or approved in the Federal award. This provision is in accordance with 2 CFR 200.308 (f) (6) and does not apply to procurement transactions for goods and services. Approval will be issued through written notification from the AO or a formal amendment to the Agreement.

The following subawards and contracts are currently approved under the Agreement by the AO. This list does not include supplies, material, equipment, or general support services which are exempt from the pre-approval requirements of this clause.

5.2 Reimbursement Requests
(a) The Recipient may request reimbursement of costs incurred within the budget period of this agreement if those costs do not exceed the amount of funds obligated and are allowable under the applicable cost provisions of 2 C.F.R. Part 200, Subpart E. The Recipient shall not request reimbursement more frequently than monthly.
(b) The Recipient shall use the DELPHI iSupplier System to submit requests for reimbursement to the payment office. When requesting reimbursement of costs incurred or credit for cost share incurred, the Recipient shall electronically submit supporting cost detail with the SF -270 (Request for Advance or Reimbursement) or SF-271 (Outlay Report and Request for Reimbursement for Construction Programs) to clearly document all costs incurred. (c) The Recipient’s supporting cost detail shall include a detailed breakout of all costs incurred, including direct labor, indirect costs, other direct costs, travel, etc., and the Recipient shall identify the Federal share and the Recipient’s share of costs. If the Recipient does not provide suff icient detail in a request for reimbursement, the Agreement Officer’s Representative (the “AO R”) may withhold processing that request until the Recipient provides sufficient detail. (d) The USDOT shall not reimburse costs unless the AOR reviews and approves the costs to ensure that progress on this agreement is sufficient to substantiate payment. (e) In the rare instance the Recipient is unable to receive electronic funds transfers (EFT), payment by EFT would impose a hardship on the Recipient because of their inability to manage an account at a financial institution, and/or the Recipient is unable to use the DELPHI iSupplier System to submit their requests for disbursement, the FHWA may waive the requirement that the Recipient use the DELPHI iSupplier System. The Recipient shall contact the Division Office Lead Point of Contact for instructions on and requirements related to pursuing a waiver. 10 of 17
(f) The requirements set forth in these terms and conditions supersede previous financial invoicing requirements for Recipients.

ARTICLE 6

SPECIAL GRANT TERMS

6.1 SS4A funds must be expended within five years after the grant agreement is executed and DOT obligates the funds, which is the budget period end date in section 10.3 of the Terms and Conditions and section 2.4 in this agreement.

6.2. The Recipient demonstrates compliance with civil rights obligations and nondiscrimination laws,
including Titles VI of the Civil Rights Act of 1964, the Americans with Disabilities Act (ADA), and Section 504 of the Rehabilitation Act, and accompanying regulations. Recipients of Federal transportation funding will also be required to comply fully with regulations and guidance for the ADA, Title VI of the Civil Rights Act of 1964, Section 504 of the Rehabilitation Act of 1973, and all other civil rights requirements.

6.3 SS4A Funds will be allocated to the Recipient and made available to the Recipient in accordance with FHWA procedures.

6.4 The Recipient of a Planning and Demonstration Grant acknowledges that the Supplemental Plan will be made publicly available and agrees that it will publish the final Supplemental Plan on a publicly available website.

6.5 The Recipient of an Implementation Grant agrees to update its Action Plan within two years of the date of this agreement to: align with all Comprehensive Safety Action Plan components in Table 1 of the SS4A FY 2023 NOFO corresponding with any “no” responses in the Self - Certification Eligibility Worksheet; ensure that the Action Plan’s safety focus includes all road users, including pedestrians, bicyclists, and motor vehicle safety; and ensure that the Action Plan was last updated not more than three years prior.

6.6 The Recipient acknowledges that it is required to conduct certain environmental analyses and to prepare and submit to FHWA, or State with applicable NEPA Assignment authority, documents required under NEPA, and other applicable environmental statutes and regulations before the Government will obligate funds for Option Phase 1 under this agreement and provide the Recipient with a written notice to proceed with Option Phase 1.

6.7 The Government’s execution of this agreement does not in any way constitute pre-approval or waiver of any of the regulations imposed upon Recipient under the applicable Federal rules, regulations and laws regarding SS4A projects undertaken in accordance wi th the terms and conditions of this agreement. The Recipient shall comply with all applicable Federal requirements before incurring any costs under this agreement.

6.8 There are no other special grant requirements.

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ATTACHMENT A

PERFORMANCE MEASUREMENT INFORMATION
Study Area: Challenger Way, from Avenue I to Avenue K12 Baseline Measurement Date: July 31, 2029
Baseline Report Date: September 31, 2029
Table 1: Performance Measure Table
Measure Category and Description
Measurement
Frequency and
Reporting
Deadline
Safety Performance

Fatalities: Total annual fatalities in the
project location(s)

Annually and
within 120 days
after the end of the
period of
performance
Safety Performance

Serious Injuries: Total annual serious
injuries in the project location(s) [if
available].

Annually and
within 120 days
after the end of the
period of
performance.

Safety Performance

Crashes by Road User Category: Total
annual crashes in the project location(s)
broken out by types of roadway users
involved (e.g., pedestrians, bicyclists,
motorcyclist, passenger vehicle occupant,
commercial vehicle occupant)
Annually and
within 120 days
after the end of the
period of
performance
Costs

Project Costs: Quantification of the cost
of each eligible project carried out using
the grant
Within 120 days
after the end of the
period of
performance
Outcomes and Benefits

Quantitative Project Benefits:

Quantification of evidence-based projects
or strategies implemented (e.g., miles of
sidewalks installed, number of pedestrian
crossings upgraded, etc.)
Within 120 days
after the end of the
period of
performance
Outcomes and Benefits

Qualitative Project Benefits: Qualitative
description of evidence-based projects or
strategies implemented (e.g., narrative
Within 120 days
after the end of the
period of
performance
12 of 17
Measure Category and Description
Measurement
Frequency and
Reporting
Deadline
descriptions, testimonials, high-quality
before and after photos, etc.)
Outcomes and Benefits

Project Location(s): GIS/geo coordinate
information identifying specific project
location(s)
Within 120 days
after the end of the
period of
performance
Lessons Learned and
Recommendations

Lessons Learned and Recommendations:

Description of lessons learned and any
recommendations relating to future
projects or strategies to prevent death and
serious injury on roads and streets.

Within 120 days
after the end of the
period of
performance
13 of 17

ATTACHMENT B

CHANGES FROM APPLICATION

Scope:

None

Schedule: The application anticipated a 57-month project duration from 04/01/2024 to 12/31/2028. The schedule has been extended by 3 months to allow time for consultant procurement. The grant was delayed from an anticipated Spring 2024 start date to a Fall 2026 start date. This schedule has been realigned to ensure the project delivery timeline is consistent with the availability and programming of the required local matching funds.

Budget: The total project cost remains the same. There were updates to the cost categories on the SF424C to align with the supplemental budget submitted with the application and correct errors in the application SF424C, as follows: Administrative and legal costs of $1,597,728 were moved to Project Inspection fees with the $200,00 balance moved to miscellaneous for the supplemental planning activities and Architectural and engineering fees was increased by $400,000 to include the costs to complete NEPA and the traffic study (originally shown under “Other Architectural and Engineering fees”); and, $3,328,600 was moved from “Construction” to “Contingency”.

14 of 17

ATTACHMENT C

[RESERVED]

15 of 17

ATTACHMENT D

[RESERVED]
16 of 17

ATTACHMENT E

LABOR AND WORK

1. Efforts to Support Good-Paying Jobs and Strong Labor Standards The Recipient states that rows marked with “X” in the following table are accurate:

X
The Recipient or a project partner promotes robust job creation by supporting good- paying jobs directly related to the project with free and fair choice to join a union. (Describe robust job creation and identify the good-paying jobs in the supporting narrative below.)

The Recipient or a project partner will invest in high-quality workforce training programs such as registered apprenticeship programs to recruit, train, and retain skilled workers, and implement policies such as targeted hiring preferences. (Describe the training programs in the supporting narrative below.)

The Recipient or a project partner will partner with high-quality workforce development programs with supportive services to help train, place, and retain workers in good- paying jobs or registered apprenticeships including through the use of local and economic hiring preferences, linkage agreements with workforce programs, and proactive plans to prevent harassment. (Describe the supportive services provided to trainees and employees, preferences, and policies in the supporting narrative below.)

The Recipient or a project partner will partner and engage with local unions or other worker-based organizations in the development and lifecycle of the project, including through evidence of project labor agreements and/or community benefit agreements. (Describe the partnership or engagement with unions and/or other worker-based organizations and agreements in the supporting narrative below.)

The Recipient or a project partner will partner with communities or community groups to develop workforce strategies. (Describe the partnership and workforce strategies in the supporting narrative below.)

The Recipient or a project partner has taken other actions related to the Project to create good-paying jobs with the free and fair choice to join a union and incorporate strong labor standards. (Describe those actions in the supporting narrative below.)

The Recipient or a project partner has not yet taken actions related to the Project to create good-paying jobs with the free and fair choice to join a union and incorporate strong labor standards but, before beginning construction of the Project, will take relevant actions described in Attachment B. (Identify the relevant actions from Attachment B in the supporting narrative below.)

The Recipient or a project partner has not taken actions related to the Project to improve good-paying jobs and strong labor standards and will not take those actions under this award.

2. Supporting Narrative.

The City of Lancaster has a Community Workforce Agreement that is intended to promote strong labor standards and expand access to good-paying jobs by establishing consistent requirements for wages, benefits, apprenticeship opportunities, and local workforce participation. The agreement helps ensure that eligible publicly-funded construction projects are delivered by a skilled workforce while supporting economic opportunity and high-quality employment for residents and workers throughout the region.

17 of 17

ATTACHMENT F

CRITICAL INFRASTRUCTURE SECURITY AND RESILIENCE

1. Efforts to strengthen the Security and Resilience of Critical Infrastructure against both Physical and Cyber Threats.

The Recipient states that rows marked with “X” in the following table are accurate:

X The Recipient demonstrates, prior to the signing of this agreement, effort to consider and address physical and cyber security risks relevant to the transportation mode and type and scale of the activities.

X The Recipient appropriately considered and addressed physical and cyber security and resilience in the planning, design and oversight of the project, as determined by the Department and the Department of Homeland Security.

X The Recipient complies with 2 CFR 200.216 and the prohibition on certain telecommunications and video surveillance services or equipment.

2. Supporting Narrative.

The City of Lancaster does comply with 2 CFR 200.216. The City of Lancaster does not procure use of any Chinese telecommunications or surveillance products from such companies as: Huawei, Hytera, Hangzhou, etc.

STAFF REPORT
City of Lancaster
NB 3
8/25/2026
TN
Date:August 25, 2026
To: Mayor Parris and City Council Members
From:Allison Burns, City Attorney
Subject:An Ordinance Amending Section 2.04.030 of the Lancaster Municipal Code to Establish the Salaries of the Mayor and City Council Members at the Amount Authorized for General Law Cities By California Government Code Section 36516 Recommendation:

Introduce, and conduct the first reading of Ordinance No. ____, an ordinance of the City Council of the City of Lancaster, California, Amending Section 2.04.030 of the Lancaster Municipal Code to Establish the Salaries of the Mayor and City Council Members at the Amount Authorized for General Law Cities By California Government Code Section 36516.

G.C. Section 84308: No
Fiscal Impact:

The proposed ordinance would align the City with the general law and establish $2,550.00 per month as the salary for each member and for the Mayor. Across the five members of the City Council, annual salary cost would increase from approximately $36,000 to approximately $153,000.

Background:

The City of Lancaster is a charter city organized under a charter adopted by the voters and filed with the Secretary of State, designated Charter Chapter No. 5, Statutes of 2010. The compensation of a charter city’s own officers is a municipal affair. (Cal. Const., art. XI, § 5(a), (b)(4)).

Section 203 of the City Charter provides that compensation for the Mayor and each City Council Member “may be set, and from time to time may be changed by ordinance, which ordinance shall be adopted by a four-fifths vote of the Mayor and City Council.” Section 203 sets no dollar ceiling, and the population-based schedule of Government Code section 36516 governs general law cities 2 4
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rather than charter cities. The amount is therefore committed to the City Council’s discretion, bounded by the public purpose and gift of public funds doctrine. (Cal. Const., art. XVI, § 6.) A city council necessarily acts on its own compensation, and the City Charter commits that decision to the City Council by supermajority ordinance. No member is disqualified from participating and no member is required to recuse. Because Section 203 does not require that an increase be deferred to a new term, the City Council’s election on the deferral question should be stated on the record.

Attachment:

Ordinance No. ____ Amending Section 2.04.030 of the Lancaster Municipal Code to Establish the Salaries of the Mayor and City Council Members at the Amount Authorized for General Law Cities By California Government Code Section 36516
4903-9900-5381v1/022283-0548
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ORDINANCE NO. ______

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
LANCASTER, CALIFORNIA, AMENDING SECTION 2.04.030 OF

THE LANCASTER MUNICIPAL CODE TO ESTABLISH THE

SALARIES OF THE MAYOR AND CITY COUNCIL MEMBERS

AT THE AMOUNT AUTHORIZED FOR GENERAL LAW CITIES
BY CALIFORNIA GOVERNMENT CODE SECTION 36516
WHEREAS, the City of Lancaster (the “City”) is a California municipal corporation and charter city organized and existing under the Constitution and laws of the State of California and the Lancaster City Charter (the “Charter”), ratified by the voters on April 27, 2010, and pursuant to Article XI, Section 5 of the California Constitution and Sections 100 and 101 of the Charter has the power to make and enforce all ordinances and regulations with respect to municipal affairs; and
WHEREAS, Section 203 of the Charter provides that the compensation of the Mayor and the Members of the City Council may be set or changed only by an ordinance adopted by a four- fifths vote of the City Council; and
WHEREAS, Section 2.04.030 of Chapter 2.04 of Title 2 of the Lancaster Municipal Code establishes the salary of each Member of the City Council at six hundred dollars ($600.00) per month pursuant to California Government Code section 36516, and the salary of the Mayor at six hundred dollars ($600.00) per month, inclusive of the amount received as a Member of the City Council, pursuant to California Government Code section 36516.1; and WHEREAS, the monthly salaries of the Mayor and the Members of the City Council have remained unchanged since 1995, a period of more than thirty years, notwithstanding the substantial growth of the City’s population, the increased scope and complexity of the City’s operations, and the corresponding increase in the time and effort required of the City’s elected officials; and WHEREAS, California Government Code section 36516, as amended by Senate Bill 329 (Stats. 2023, ch. 27, § 2), effective January 1, 2024, authorizes the city council of a general law city with a population over 150,000 and up to and including 250,000 to enact an ordinance providing that each member of the city council shall receive a salary of up to and including two thousand five hundred fifty dollars ($2,550.00) per month (Cal. Gov’t Code § 36516(a)(1), (a)(2)(E)); and
WHEREAS, the population of the City, as determined by the last preceding federal census and subsequent estimates validated by the California Department of Finance, exceeds 150,000 and does not exceed 250,000, placing the City within the population bracket described in California Government Code section 36516(a)(2)(E); and
WHEREAS, California Government Code section 36516.1 authorizes additional compensation for a directly elected mayor; consistent with the City’s longstanding practice, this Ordinance establishes the salary of the Mayor at the same amount as that of the Members of the 4903-9900-5381v1/022283-0548
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City Council, inclusive of the amount received as a Member of the City Council, and does not provide the Mayor any additional compensation; and
WHEREAS, as a charter city, the City is not bound by the compensation limitations applicable to general law cities with respect to municipal affairs, and the compensation of the City’s elected officials is a municipal affair governed by Section 203 of the Charter; the City Council nevertheless elects, as a matter of policy, to align the salaries of the Mayor and the Members of the City Council with the maximum amount that a general law city of the City’s population may adopt by ordinance under California Government Code section 36516, and to observe the procedural safeguards of California Government Code section 36516(g); and WHEREAS, in accordance with California Government Code section 36516(g), this Ordinance was presented, together with the findings set forth in these recitals demonstrating the need for the increased compensation, in open session at a regular meeting of the City Council held on __________, 2026, at which meeting the Ordinance was not adopted, and was considered for adoption in open session at a regular meeting of the City Council held on __________, 2026, at least seven days after the first meeting; and
WHEREAS, the City Council finds that the increased compensation established by this Ordinance is needed to: (1) reflect the growth of the City’s population and the corresponding increase in the scope, complexity, and time demands of service as Mayor or as a Member of the City Council, including service on regional boards, authorities, and committees; (2) account for more than three decades of inflation since the salaries were last adjusted in 1995; (3) ensure that service in the City’s elected offices remains reasonably accessible to residents of all economic circumstances and is not limited to persons of independent means, thereby broadening the pool of candidates for elective office; and (4) maintain parity with the compensation the Legislature has determined to be reasonable for the elected officials of comparably sized general law cities.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LANCASTER DOES ORDAIN AS FOLLOWS:

SECTION 1. Recitals. The City Council finds that the foregoing recitals are true and correct and are incorporated herein by this reference as findings of the City Council, including the findings demonstrating the need for the increased compensation required by California Government Code section 36516(g)(2).

SECTION 2. Code Amendment. Section 2.04.030 of Chapter 2.04 of Title 2 of the Lancaster Municipal Code is hereby amended and restated to read in full as follows:
“2.04.030 – City council salaries.

According to the provisions of Government Code Section 36516, and consistent with the maximum salary authorized by Government Code Section 36516(a)(2)(E) for general law cities with a population over 150,000 up to and including 250,000, the city council salary is established at two thousand five hundred fifty dollars ($2,550.00) per month, and in accordance with the provisions of Government Code Section 36516.1, the salary of the mayor is established at two thousand five hundred fifty dollars ($2,550.00) per month inclusive of the amount received as member of the city council. 4903-9900-5381v1/022283-0548
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The mayor and each city council member shall be eligible to participate in any continuing education and/or tuition reimbursement program the city offers to city employees in the same manner and pursuant to the same rules as city employees, except that the mayor and each city council member shall be eligible for a maximum of five thousand dollars ($5,000.00) per fiscal year in reimbursements. Any amount reimbursed to or for the benefit of the mayor or a city council member pursuant to the city’s tuition reimbursement program shall be in addition to the salary provided in the preceding paragraph and shall be considered compensation as authorized by Section 203 of the city’s Charter.” SECTION 3. Applicability of Salary Adjustment. The compensation of the City’s elected officials is a municipal affair governed by Sections 101 and 203 of the Charter, and California Government Code section 36516.5 does not constrain the City’s exercise of its charter authority.

The salaries established by Section 2 of this Ordinance shall apply to the Mayor and all Members of the City Council commencing on the first day of the first full calendar month following the effective date of this Ordinance.

SECTION 4. Environmental Determination. The City Council finds that the adoption of this Ordinance is not a “project” subject to the California Environmental Quality Act (“CEQA,” California Public Resources Code section 21000 et seq.) because it is an organizational, administrative, and fiscal activity of government that does not involve any commitment to any specific project which may result in a potentially significant physical impact on the environment, and because it has no potential for resulting in either a direct physical change in the environment or a reasonably foreseeable indirect physical change in the environment (CEQA Guidelines, California Code of Regulations, title 14, section 15378(b)). In the alternative, the Ordinance is exempt under the “common sense” exemption (California Code of Regulations, title 14, section 15061(b)(3)) because it can be seen with certainty that there is no possibility that the Ordinance may have a significant effect on the environment.

SECTION 5. Severability. If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council declares that it would have adopted this Ordinance, and each section, subsection, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions thereof be declared invalid or unconstitutional.

SECTION 6. Publication. The City Clerk shall certify to the adoption of this Ordinance and shall cause this Ordinance, or a summary thereof, to be published and/or posted in the manner required by California Government Code section 36933.

SECTION 7. Effective Date. This Ordinance shall take effect on the thirtieth (30th) day following its adoption, in accordance with California Government Code section 36937. 4903-9900-5381v1/022283-0548
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4903-9900-5381v1/022283-0548
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I, Andrea Alexander, of the City of Lancaster, do hereby certify that the foregoing ordinance was regularly introduced and placed upon its first reading on the __________ day of ________________, 2026, and placed upon its second reading and adoption at a regular meeting of the City Council on the ____ day of ________________, 2026, by the following vote:

AYES:

NOES:

ABSTAIN:

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 ORDINANCE

CITY COUNCIL
I, ________________________________, ___________________________________ City of Lancaster, California, do hereby certify that this is a true and correct copy of the original Ordinance 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 ________________, ________.
(seal)
2 4
9 0
Date: August 25, 2026

STAFF REPORT
City of Lancaster
PH 1
8/25/2026
TN
To: Mayor Parris and City Council Members
From: Patti Garibay, Director – Community Development
Becky Bartlett, Manager – Housing
Subject: Approval of the issuance of bonds related to TEFRA financing for the Maison’s Sierra Phase 2B Affordable Rental Housing
Recommendations:

1. Conduct the public hearing under the requirements of the Tax Equity and Fiscal Responsibility Act (TEFRA) and the Internal Revenue Code of 1986, as amended.

2. Adopt Resolution No. ____ approving the issuance of the bonds by the California Municipal Finance Authority (CMFA) for the benefit of Maison’s Sierra Phase 2B, LP (the “Borrower”), to provide for the financing of a multifamily affordable rental housing development to be located at the intersection of West Avenue H-2 and Schamise Street; such adoption is solely for the purposes of satisfying the requirements of TEFRA, the Code and the California Government Code Section 6500 (and following).

G.C. Section 84308: No
Fiscal Impact:

None. The bonds to be issued by the CMFA for the Project will be the sole responsibility of the Borrower.

Background:

The CMFA was established on January 1, 2004, pursuant to a Joint Exercise of Powers Agreement to promote economic, cultural, and community development throughout California by facilitating the financing of public benefit projects. CMFA assists local governments, nonprofit organizations, and private entities with the issuance of taxable and tax-exempt bonds for projects that improve the quality of life in California communities. With more than 350 member municipalities, CMFA has extensive experience serving as a conduit issuer for a wide range of public benefit financing programs. 2 4
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The Borrower has requested that CMFA serve as the municipal issuer of tax-exempt revenue bonds in an amount not to exceed $40,000,000 to finance or refinance the acquisition, construction, improvement, and equipping of a multifamily affordable rental housing development, called Maison’s Sierra Phase 2B Affordable Rental Housing Project (Project), to be located near the intersection of West Avenue H-2 and Schamise Street in the City of Lancaster (see Exhibit A for the Project site map).

The Project consists of a 132-unit, 100% affordable community that is comprised of 2- and 3-bedroom one-story full duplexes and single-unit homes (half duplexes) for individuals between 30-70 % of the area median income (AMI). The Project is intended to expand the City's supply of affordable housing and provide quality residential opportunities for low- and moderate-income households.

Pursuant to Section 147(f) of the Internal Revenue Code of 1986, as amended, tax-exempt private activity bonds may not be issued unless the governmental jurisdiction in which the Project is located conducts a public hearing, commonly referred to as a TEFRA hearing. The TEFRA hearing provides members of the public an opportunity to comment on the proposed issuance of the bonds and the Project. Following the public hearing, the City Council must approve the issuance of the bonds in order for the bonds to qualify as tax-exempt.

The Bonds to be issued by the CMFA for the Project will be the sole responsibility of the Borrower, and the City will have no financial, legal, or moral obligation, liability, or responsibility for the Project or the repayment of the Bonds for the financing of the Project. All financing documents with respect to the issuance of the Bonds will contain clear disclaimers that the Bonds are not obligations of the City or the State of California but are to be paid for solely from funds provided by the Borrower.

As part of its conduit financing program, CMFA shares a portion of the issuance fees it receives with its member communities and donates a portion of these issuance fees to the Foundation for the support of local charities. With respect to the City of Lancaster, it is expected that a portion of the issuance fee attributable to the City will be granted by the CMFA to the general fund of the City. Such grant may be used for any lawful purpose of the City.

The proposed financing will support the development of additional affordable housing opportunities within the City, helping to address the growing demand for quality, affordable residential units while advancing the City's housing goals.

BB/ ah
Attachments:

Resolution No. 26-___
Exhibit A- Sierra 2B Site Map
RESOLUTION NO. 26-

CITY OF LANCASTER

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LANCASTER,

CALIFORNIA, APPROVING THE ISSUANCE OF THE CALIFORNIA

MUNICIPAL FINANCE AUTHORITY EXEMPT FACILITY BONDS FOR A

QUALIFIED RESIDENTIAL RENTAL PROJECT IN AN AGGREGATE
PRINCIPAL AMOUNT NOT TO EXCEED $40,000,000 FOR THE PURPOSE

OF FINANCING OR REFINANCING THE ACQUISITION, CONSTRUCTION, IMPROVEMENT AND EQUIPPING OF MAISON’S SIERRA PHASE 2B AND

CERTAIN OTHER MATTERS RELATING THERETO
A necessary quorum and majority of the City Council Members of the City of Lancaster hereby consents to, adopts, and ratifies the following resolution:

WHEREAS, Maison's Sierra Phase 2B, LP or a partnership of which Ravello Holdings, Inc. (the “Developer”) or a related person to the Developer is the general partner, has requested that the California Municipal Finance Authority (the “Authority”) adopt a plan of financing providing for the issuance of exempt facility bonds for a qualified residential rental project pursuant to Section 142(a)(7) of the Internal Revenue Code of 1986 (the “Code”) in one or more series issued from time to time, including bonds issued to refund such exempt facility bonds in one or more series from time to time, and at no time to exceed $40,000,000 in aggregate principal amount (the “Bonds”), to finance or refinance the acquisition, construction, improvement and equipping of a multifamily rental housing project to be located at West Avenue H-2 and Schamise Street, Lancaster, California (the “Project”); and
WHEREAS, pursuant to Section 147(f) of the Code, the issuance of the Bonds by the Authority must be approved by the City of Lancaster (the “City”) because the Project is to be located within the territorial limits of the City; and
WHEREAS, the City Council of the City (the “City Council”) is the elected legislative body of the City and is one of the “applicable elected representatives” required to approve the issuance of the Bonds under Section 147(f) of the Code; and WHEREAS, the Authority has requested that the City Council approve the issuance of the Bonds by the Authority in order to satisfy the public approval requirement of Section 147(f) of the Code and the requirements of Section 4 of the Joint Exercise of Powers Agreement Relating to the California Municipal Finance Authority, dated as of January 1, 2004 (the “Agreement”), among certain local agencies, including the City; and
WHEREAS, pursuant to Section 147(f) of the Code, the City Council has, following notice duly given, held a public hearing regarding the issuance of the Bonds, and now desires to approve the issuance of the Bonds by the Authority;
City Council Resolution No. 26-

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

Section 1. On information and belief, the foregoing resolutions are true and correct.

Section 2. The City Council hereby approves the issuance of the Bonds by the Authority. It is the purpose and intent of the City Council that this resolution constitute approval of the issuance of the Bonds by the Authority, for the purposes of (a) Section 147(f) of the Code by the applicable elected representative of the governmental unit having jurisdiction over the area in which the Project is to be located, in accordance with said Section 147(f) and (b) Section 4 of the Agreement.

Section 3. The issuance of the Bonds shall be subject to the approval of the Authority of all financing documents relating thereto to which the Authority is a party. The City shall have no responsibility or liability whatsoever with respect to the Bonds.

Section 4. The adoption of this Resolution shall not obligate the City or any department thereof to (i) provide any financing to acquire or construct the Project or any refinancing of the Project; (ii) approve any application or request for or take any other action in connection with any planning approval, permit or other action necessary for the acquisition, construction, rehabilitation, installation or operation of the Project; (iii) make any contribution or advance any funds whatsoever to the Authority; or (iv) take any further action with respect to the Authority or its membership therein.

Section 5. The officers of the City are hereby authorized and directed, jointly and severally, to do any and all things and to execute and deliver any and all documents which they deem necessary or advisable in order to carry out, give effect to and comply with the terms and intent of this resolution and the financing transaction approved hereby.

Section 6. This Resolution shall take effect from and after its adoption.

City Council Resolution No. 26-

PASSED, APPROVED, and ADOPTED this 25th day of August 2026, by the following vote:

AYES:

NOES:

ABSTAIN:

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 COUNCIL
I,__________________, __________________City of Lancaster, California, do hereby certify that this is a true and correct copy of the original Resolution No. 26-__, 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)
_________________________

MAISON'S SIERRA PHASE 2B - LANCASTER, CALIFORNIA

SITE MAP
Source: Google Maps, January 2026
Subject Site
Phase I
Phase 2A

STAFF REPORT
City of Lancaster
PH 2
8/25/2026
TN
Date: August 25, 2026
To: Mayor Parris and City Council Members
From: Patti Garibay, Director – Community Development
Shannon Edwin, AICP, Associate Planner – Community Development Subject: Sierra Gateway Neighborhood Plan: General Plan Amendment No. 26-001, Zone Change No. 26-001, Zone Text Amendment No. 26-001, Specific Plan No. 26-001 Recommendations:

1. Adopt Resolution No. _____, containing the following actions:
a. Approval of General Plan Amendment No. 26-001 changing the land use designation of the plan area to Specific Plan (SP);
b. Approval of the Sierra Gateway Neighborhood Plan under Specific Plan No. 26-001; and c. Finding that the project is statutorily exempt under the California Environmental Quality Act (CEQA).

2. Introduce Ordinance No. _____, changing the zoning designation to be zoned Specific Plan (SP), known as Zone Change No. 26-001, and making associated updates to Title 17 of the City of Lancaster Municipal Code, known as Zone Text Amendment No. 26-001.

G.C. Section 84308:

No.

Fiscal Impact:

None.

Background:

The Sierra Gateway Neighborhood Plan is a Specific Plan that would provide direction for future development within the plan area. The Specific Plan is intended to replace the existing Transit- Oriented Development (TOD) Zones plan, which was a form-based plan interpreting the previous Mixed-Use zoning designation, and to adopt a new Specific Plan to allow for more flexible land uses, simplified zoning, streamlined development standards, design guidelines, public realm 2 4
9 2
improvements, and implementation strategies. The intent of this plan is to support walkable, mixed-use, development patterns that will create new opportunities for housing development near the Lancaster Metrolink Station and promote additional opportunities for jobs and a mix of commercial uses. There is no construction associated with the proposed specific plan, and future development would be subject to separate approval. Existing legal non-conforming uses within the plan area would not be removed as part of this proposal.

Public Noticing:

Public noticing was published in compliance with the Government Code on August 15, 2026.

SE/vm
Attachments:

A. Resolution No.

B. Ordinance No.

C. Notice of Exemption
D. PC Staff Report, July 20, 2026
(https://cityoflancasterca.primegov.com/Portal/Meeting?meetingTemplateId=7780) RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

LANCASTER, CALIFORNIA, APPROVING GENERAL PLAN
AMENDMENT NO. 26 -001 TO CHANGE THE LAND USE
DESIGNATION OF APPROXIMATELY 323 ACRES

GENERALLY BOUNDED BY AVENUE I, DIVISION STREET,

AVENUE J, AND FERN AVENUE, AND BISECTED BY

SIERRA HIGHWAY, TO SPECIFIC PLAN , AND APPROVING
SPECIFIC PLAN NO 26 -001 TO ADOPT THE SIERRA

GATEWAY NEIGHBORHOOD PLAN, AND FINDING THE

PROJECT STATUTORILY EXEMPT UNDER THE

CALIFORNIA ENVIRONMENTAL QUALITY ACT

WHEREAS, the City of Lancaster (“Applicant”) proposes to establish the Sierra Gateway Neighborhood Plan (SGNP), to provide direction for future development within the plan area over on approximately +323 acres generally bounded by Avenue I, Division Street, Avenue J, Fern Avenue, and bisected by Sierra Highway; and

WHEREAS, pursuant to Section 3.c. of City Council Resolution No. 93-07, the Applicant initiated an application for General Plan Amendment (GPA) No. 26-001 to change the General Plan land use designation for the subject property to Specific Plan (SP); and

WHEREAS, pursuant to Section 17.24.040 of the Lancaster Municipal Code (“LMC”), the Applicant has initiated an application for Zone Change (ZC) No. 26-001 to change the zoning designation of the subject property to Specific Plan (SP); and

WHEREAS, the City of Lancaster has prepared the Sierra Gateway Neighborhood Plan under SP No. 26-001 for the subject properties in order to implement the SP zoning and provide design guidelines and development standards; and

WHEREAS, upon adoption of the Sierra Gateway Neighborhood Plan, the Transit-Oriented Development Zones plan will no longer be in effect; and

WHEREAS, the City Council has considered the proposed Zone Text Amendment (ZTA) No. 26-001 to remove references to the MU-TOD zoning and TOD Zones Plan within Title 17 of the Lancaster Municipal Code (LMC); and

WHEREAS, staff has performed necessary investigations, prepared a written report, and recommended approval of GPA No. 26-001, ZC No. 26-001, ZTA No. 26-001, and SP No. 26-001; and
WHEREAS, on July 20, 2026, the City’s Planning Commission held a public hearing on this item, notice of which was published and provided as required by law, and adopted Resolution No. 26- 08 (the “Planning Commission Recommendation”), recommending to the City Council approval of GPA No. 26-001, ZC No. 26-001, ZTA No. 26-001, and SP No. 26-001; and

WHEREAS, pursuant to the California Environmental Quality Act (Public Resources Code §21000 et seq.) and the State CEQA Guidelines (California Code of Regulations, Title 14, §15000 eq CC Resolution No.

seq.) (“CEQA”), staff determined that the project is statutorily exempt from further environmental review under Public Resources Code Section 21080.085; and

WHEREAS, public notice was published and given as required by law, and a public hearing was held on August 25, 2026, before the City Council; and

WHEREAS, the City Council desires to approve and adopt GPA No. 26-001, ZC No. 26-001, ZTA No. 26-001, and SP No. 26-001;

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LANCASTER, DOES HEREBY RESOLVE, DETERMINE AND ORDER, AS FOLLOWS:

Section 1. That foregoing Recitals are true, correct and a substantive part of this Ordinance.

Section 2. That the Community Development Department staff are hereby authorized and directed to execute and file a Notice of Exemption pursuant to CEQA.

Section 3. That the City Council hereby adopts the following General Plan Amendment findings, pursuant to Section 17.24.140 of the LMC, in support of approval of this application:

a. Information presented at public hearing shows that such amendment is necessary to implement the general plan and/or that the public convenience, the general welfare or good zoning practice justifies such action.

The proposed SGNP and anticipated subsequent development are compatible with the intent of the General Plan and consistent with the specific objectives and policies identified in the Analysis section of the staff report. In order to accommodate the development associated with the SGNP, the General Plan designation for all parcels within the plan area must be changed to Specific Plan. This change would allow for the development of the uses identified in the SGNP resulting in the vision the General Plan has for the core of the City.

Section 4. The City Council hereby approves GPA No. 25- 006 to redesignate the subject properties to SP.

Section 5. The City Council hereby approves SP No. 26- 001 for the Sierra Gateway Neighborhood Plan.

Section 6. The City Clerk shall certify to the adoption of this resolution and hereafter the same shall be in full force and effect.

CC Resolution No.

PASSED, APPROVED, and ADOPTED this 25
th day of August 2026, by the following vote:

AYES:

NOES:

ABSTAIN:

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 COUNCIL

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 _____________________, _________.

(seal)

ORDINANCE NO.

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF

LANCASTER, CALIFORNIA, APPROVING ZONE CHANGE
NO. 26-001 TO CHANGE THE ZONING TO SPECIFIC PLAN
(SP) OF APPROXIMATELY 323 ACRES GENERALLY

BOUNDED BY AVENUE I, DIVISION STREET, AVENUE J,

AND FERN AVENUE, AND BISECTED BY SIERRA

HIGHWAY, AND APPROVING ZONE TEXT AMENDMENT
NO. 26 -001 TO REMOVE REFERENCES TO THE MU -TOD
ZONING AND TOD ZONES PLAN WITHIN TITLE 17 OF THE

LANCASTER MUNICIPAL CODE

WHEREAS, the City of Lancaster (“Applicant”) proposes to establish the Sierra Gateway Neighborhood Plan (SGNP), to provide direction for future development within the plan area over on approximately +323 acres generally bounded by Avenue I, Division Street, Avenue J, Fern Avenue, and bisected by Sierra Highway; and

WHEREAS, pursuant to Section 3.c. of City Council Resolution No. 93-07, the Applicant initiated an application for General Plan Amendment (GPA) No. 26-001 to change the General Plan land use designation for the subject property to Specific Plan (SP); and

WHEREAS, pursuant to Section 17.24.040 of the Lancaster Municipal Code (“LMC”), the Applicant has initiated an application for Zone Change (ZC) No. 26-001 to change the zoning designation of the subject property to Specific Plan (SP); and

WHEREAS, the City of Lancaster has prepared the Sierra Gateway Neighborhood Plan under SP No. 26-001 for the subject properties in order to implement the SP zoning and provide design guidelines and development standards; and

WHEREAS, upon adoption of the Sierra Gateway Neighborhood Plan, the Transit-Oriented Development Zones plan will no longer be in effect; and

WHEREAS, the City Council has considered the proposed Zone Text Amendment (ZTA) No. 26-001 to remove references to the MU-TOD zoning and TOD Zones Plan within Title 17 of the Lancaster Municipal Code (LMC); and

WHEREAS, staff has performed necessary investigations, prepared a written report, and recommended approval of GPA No. 26-001, ZC No. 26-001, ZTA No. 26-001, and SP No. 26-001; and
WHEREAS, on July 20, 2026, the City’s Planning Commission held a public hearing on this item, notice of which was published and provided as required by law, and adopted Resolution No. 26- 08 (the “Planning Commission Recommendation”), recommending to the City Council approval of GPA No. 26-001, ZC No. 26-001, ZTA No. 26-001, and SP No. 26-001; and

WHEREAS, pursuant to the California Environmental Quality Act (Public Resources Code §21000 et seq.) and the State CEQA Guidelines (California Code of Regulations, Title 14, §15000 eq Ordinance No.

seq.) (“CEQA”), staff determined that the project is statutorily exempt from further environmental review under Public Resources Code Section 21080.085; and

WHEREAS, public notice was published and given as required by law, and a public hearing was held on August 25, 2026, before the City Council; and

WHEREAS, the City Council desires to approve and adopt GPA No. 26-001, ZC No. 26-001, ZTA No. 26-001, and SP No. 26-001;

THE CITY COUNCIL OF THE CITY OF LANCASTER, CALIFORNIA, DOES HEREBY ORDAIN, AS FOLLOWS:

Section 1. That foregoing Recitals are true, correct and a substantive part of this Ordinance.

Section 2. That the City Council hereby adopts the following Zone Change findings, pursuant to Section 17.24.120 of the LMC, in support of approval of this application:

a. That modified conditions warrant a revision in the zoning plan as it pertains to the area or district under consideration.

b. That a need for the proposed zone classification exists within such area or district.

c. That the particular property under consideration is a proper location for said zone classification within such area or district.

d. That placement of the proposed zone at such location will be in the interest of public health, safety and welfare and in conformity with good zoning practice.

Section 3. The City Council hereby approves ZC No. 26 -001 to rezone the subject properties to SP.

Section 4. The City Council hereby approves ZTA No. 26-001 to remove references to the MU-TOD zoning and TOD Zones Plan within Title 17 of the LMC.

Section 5. Any ordinance previously adopted by the City Council shall be and hereby is repealed if and to the extent inconsistent with this Ordinance , provided, however, that each such ordinance shall otherwise remain in full force and effect.

Section 6. If any section, subsection, sentence, clause, phrase or portion of this Ordinance is held for any reason to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance.

The City Council hereby declares that it would have adopted this Ordinance , and each section, subsection, sentence, clause, phrase or portion thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases or portions be declared invalid or unconstitutional.

Ordinance No.

Section 7. The Mayor shall sign and the City Clerk shall certify to the passage and adoption of this Ordinance , and shall cause the same to be published and posted pursuant to the provisions of law in that regard, and this Ordinance shall take effect 30 days after adoption.

Ordinance No.

I, Andrea Alexander, City Clerk of the City of Lancaster, do hereby certify that the foregoing ordinance was regularly introduced and placed upon its first reading on the ________ day of ____________, ______, and placed upon its second reading and adoption at a regular meeting of the City Council on the _______ 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

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

CERTIFICATION OF ORDINANCE

CITY COUNCIL

I, ________________________________, ___________________________________ City of Lancaster, California, do hereby certify that this is a true and correct copy of the original Ordinance 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 ________________, ________.

(seal)

___________________________________

Statutory Exemptions. State code number:

_______________________________________________
Print Form
Notice of Exemption Appendix E
From: (Public Agency): ____________________________
To: Office of Planning and Research
P.O. Box 3044, Room 113 _______________________________________________Sacramento, CA 95812-3044 County Clerk
(Address)
___________________________
___________________________
County of: __________________
Project Title: ____________________________________________________________________________ Project Applicant: ________________________________________________________________________ Project Location - Specific:

Project Location - City: ______________________ Project Location - County:

Description of Nature, Purpose and Beneficiaries of Project:
_____________________
Name of Public Agency Approving Project: _____________________________________________________ Name of Person or Agency Carrying Out Proj ect: ________________________________________________ Exempt Status: (check one):

Ministerial (Sec. 21080(b)(1); 15268);
Declared Emergency (Sec. 21080(b)(3); 15269(a));
Emergency Project (Sec. 21080(b)(4); 15269(b)(c));
Reasons why project is exempt:

Lead Agency
Contact Person: ____________________________
Area Code/Telephone/Extension: _______________
If filed by applicant:

1. Attach certified document of exemption finding.

2. Has a Notice of Exemption been filed by the public agency approving the project? Yes No
Signature: ____________________________ Date:

Signed by Lead Agency
Signed by Applicant
Authority cited: Sections 21083 and 21110, Public Resources Code. Date Received for filing at OPR:

Reference: Sections 21108, 21152, and 21152.1, Public Resources Code. _______________
Categorical Exemption. State type and section number: ____________________________________ ______________________________________________
______________ Title: _______________________
Revised 2011
City of Lancaster
44933 Fern Avenue
Lancaster, CA 93534
Los Angeles
2400 Imperial Hwy
Norwalk, CA 90650
Sierra Gateway Neighborhood Specific Plan
City of Lancaster
Bound by 10th St (west), Avenue I (north), Division Street (east), Avenue J (south) Lancaster
Los Angeles
See attached.

City of Lancaster
City of Lancaster
X
Public Resources Code section 21080.085(a)
See attached.
■

SIERRA GATEWAY NEIGHBORHOOD PLAN
NOTICE OF EXEMPTION – ATTACHMENT
AUGUST 2026 1
Description of Nature, Purpose and Beneficiaries of Project:

The Sierra Gateway Neighborhood Plan (also referred to as the “Specific Plan”) implements Program H-5.2 of the City’s Housing Element . Program H -5.2 involves an to update the Lancaster Transit -Oriented Development Zones (adopted in 2015) to promote high-quality, walkable, mixed-use, and transit-oriented neighborhoods surrounding the Lancaster Boulevard core and the Metrolink station, as further detailed in Section 1.5, Relationship to the Lancaster Municipal Code, of the Specific Plan. The Housing Element also identifies several vacant parcels within the Specific Plan Area (“ Plan Area ”) as additional residential capacity for 193 very-low and low-income units, as defined by the Department of Housing and Community Development (Table H-5.22 and H-5.25).

The Plan Area includes several sites identified in the Housing Element as Regional Housing Needs Assessment (RHNA) sites. This includes 89 parcels totaling 7.56 acres that comprise the drainage basin located at the southwest corner of Division Street and Milli ng Street. As part of the Specific Plan preparation, it was determined that while these are designated RHNA sites, future development of these sites is unlikely given the high cost and engineering that would be required to accommodate and re -route the drainage that the basin currently supports for the area. Therefore, given that these sites would be highly unlikely to be developed as housing, as part of the Specific Plan , these sites would be rezoned from Neighborhood Medium (NM) to Public (P) with a future vision to utilize the area as open space. To ensure there is no net loss of Housing Element sites, the Housing Element includes a surplus sites inventory. There are several surplus sites in the Plan Area on vacant lots that would be suitable and feasible for future development. Per the Housing Element, the surplus sites in the Plan Area could accommodate 193 units.

The rezone of the basin sites would remove an estimated potential of 129 units. This would represent a net of 64 units. Therefore, there would be no net loss of Housing Element sites designated for the Plan Area.

Reasons why project is exempt:

On June 14, 2022, the Lancaster City Council adopted Resolution No. 22 -30, adopting the 2021 -2029 Housing Element. The Housing Element identified implementation programs necessary for compliance, including but not limited to Program H-5.2 (Affirmatively Furthering Fair Housing). The action to adopt the Sierra Gateway Neighborhood Specific Plan falls within the City’s efforts to affirmatively further fair housing in Lancaster. Pursuant to SB 131, a new statutory California Environmental Quality Act (CEQA) exemption went into effect providing an exemption for actions needed to implement Housing Elements. The City’s proposed Specific Plan implement s Program H -5.2 of the approved Housing Element pursuant to Government Code section 65583, and does not allow the construction of a distribution center, or oil and gas infrastructure. Therefore, the proposed Specific Plan is statutorily exempt from CEQA pursuant to Public Resources Code section 21080.085(a).

While the Specific Plan has been found to be exempt under Public Resources Code Section 21080.085, Government Code 65352.3 requires that prior to the adoption of any amendment of a general plan, the City must conduct tribal consultations. Letters were sent to 10 tribal representa tives as identified by the Native American Heritage Commission on March 9, 2026. Two responses were received from local tribal representatives within the 90-day comment period. These entities provided standard comments requesting that all future development and/or individual ground -disturbing activities that occur within the Plan Area comply with all tribal consultation requirements under CEQA. There is no development proposed with the adoption of the Specific Plan and all future development projects will be subject to tribal consultation requirements under CEQA.

CC 2

08/25/26
TN
Tuesday, August 11, 2026

CALL TO ORDER
Mayor Parris called the meeting of the Lancaster City Council / Successor Agency/ Financing/ Housing/ Power Authority to order at 1:36 p.m.

ROLL CALL
PRESENT: City Council Members /Agency Directors/Authority (Housing) Members:

Castellanos, Mann, White, Vice Mayor/Vice Chair Hughes-Leslie, Mayor/Chairman Parris STAFF MEMBERS:

City Manager/ Executive Director; Assistant City Manager/Deputy Executive Director; Deputy City Manager; City Attorney/Agency/Authority Counsel; City Clerk/Agency/Authority Secretary; Director-Community Development; Director-Public Works; Director-Parks, Recreation, Arts, & Community Services; Chief of Police.

INVOCATION
Eddie Barragan, World Harvest Christian Outreach 224

PLEDGE OF ALLEGIANCE
Council Member White

PRESENTATIONS

1. Lancaster Loop
Presented by: Trolis Niebla, City Manager; Rodrick Armalin, Chief of Police; Paul Bartlett, Captain-LASD; Christine Malta, Manager-LPD; Heather Varden, LAHSA Representative

2. Recognition of Antelope Valley Youth Football Coaches Presented by: Trolis Niebla, City Manager

CC/SA/FA/HA/PA Minutes-08/11/26
2 3. Recognition of Juakin Arciniega for Extraordinary Community Service & Lifesaving Action
Presented by: Trolis Niebla, City Manager

RECESSED
Mayor Parris recessed the meeting at approximately 3:00 p.m.

RECONVENED
Mayor Parris reconvened the meeting at approximately 3:14 p.m.

NB 1. SHOP. DRIVE. FUEL. EARN. REBATE PROGRAM

Michael Flores, Coordinator II-Economic Development, presented the staff report item.

Discussion among Council included the allocation and costs of the rebate program.

Addressing the Council on this item:

Dr. Miguel Cornonado- spoke in opposition of this item citing cost of program and assisting seniors with how to sign up for the program.

Cheryl Boswell-spoke in favor of the open rewards program.

Discussion among Council included staff educating the community members on how to register for the application.

On a motion by Vice Mayor Hughes-Leslie and seconded by Council Member Castellanos, the City Council (1) Adopted Resolution No. 26-58 approving the Shop. Drive. Fuel. Earn. rebate program as an expansion of the City’s existing Shop.Drive.Earn. program; (2) Authorized the City Manager, or his designee, to implement the program, establish program guidelines, and administer rebate distribution through the City’s existing Open Rewards platform, by the following vote: 5-0-0-0; AYES: Castellanos, Mann, White, Hughes-Leslie, Parris; NOES: None; ABSTAIN: None; ABSENT: None.

NB 2. AN ORDINANCE AMENDING SECTION 2.04.030 OF THE LANCASTER

MUNICIPAL CODE TO ESTABLISH THE SALARIES OF THE MAYOR AND CITY

COUNCIL MEMBERS AT THE AMOUNT AUTHORIZED FOR GENERAL LAW CITIES BY CALIFORNIA GOVERNMENT CODE SECTION 36516 (TABLED)

Allison Burns, City Attorney presented the staff report on this item.

Addressing the Council at this time:

Michelley-inquired about the meaning of the salary increase.

CC/SA/FA/HA/PA Minutes-08/11/26
3 Dr. Miguel Coronado-opposed the proposed compensation increase.

Cheryl Boswell- spoke in opposition of this item.

Phillip Brown- spoke in favor of this item.

Discussion among Council included the evaluation of other agencies compared to current compensation, time and cost to represent as a councilmember.

On a motion by Vice Mayor Hughes-Leslie and seconded by Council Member Mann, the City Council TABLED this item, by the following vote: 5-0-0-0; AYES: Castellanos, Mann, White, Hughes-Leslie, Parris; NOES: None; ABSTAIN: None; ABSENT: None.

PH 1. ADOPTION OF A MINOR USE PERMIT FEE

Mayor Parris opened the public hearing.

Kendall Brekke, Planning Manager presented the staff report on this item.

Mayor Parris closed the public hearing.

On a motion by Vice Mayor Hughes-Leslie and seconded by Council Member Mann, the City Council adopted Resolution No. 26-59, establishing a Minor Use Permit entitlement application fee, by the following vote: 5-0-0-0; AYES: Castellanos, Mann, White, Hughes-Leslie, Parris; NOES: None; ABSTAIN: None; ABSENT: None.

PH 2. SUBSTANTIAL AMENDMENT TO THE CITY’S 2026-2027 ANNUAL ACTION

PLAN (AAP)

Mayor Parris opened the public hearing.

Cindy Valdivia, Analyst-Lancaster Energy & CDGG Programs presented the staff report on this item.

Discussion among Council included the grouping of the proposed regulations.

Mayor Parris closed the public hearing.

On a motion by Vice Mayor Hughes-Leslie and seconded by Council Member White, the City Council approved PH 2 as comprised by the following vote: 5-0-0-0; AYES:

Castellanos, Mann, White, Hughes-Leslie, Parris; NOES: None; ABSTAIN: None; ABSENT: None.

Approved Recommendations:
a. Conducted the public hearing and accepted public testimony; CC/SA/FA/HA/PA Minutes-08/11/26
4 b. Approved the Substantial Amendment to the 2026-2027 Annual Action Plan (AAP) to allow for the repurposing of $896,419 in Community Development Block Grant (CDBG) funds from the Sergeant Steve Owen Memorial Park Stanley Kleiner Building Re-Roof Improvement Project to the City-Wide Facilities Re-Roof and HVAC Improvement Project; and
c. Authorized the City Manager, or designee, to execute and transmit all necessary documents to the U.S. Department of Housing and Urban Development (HUD), including the Substantial Amendment to the AAP to ensure the City’s timely expenditure of HUD funds.

Mayor Parris addressed the code of conduct for the City Council meeting.

CPH 1. LANCASTER SEWER SYSTEM SERVICE CHARGES FOR FISCAL YEAR 2026/27 AND PROPOSED SEWER SERVICE CHARGE INCREASES Mayor Parris announced that both public hearings remain open.

Nicole Jones, Manager-Community Development presented the staff report on this item.

Discussion among Council included the possibility of tabling the item, the limits on the rates, and creating a commission to come back later.

Allison Burns, City Attorney advised Council that time is of the essence for filing on the tax roll.

Discussion among Council included the possibility of charging less; working with senior citizens, and flexibility of the rates.

Allison Burns, City Attorney advised that special programs may be drawn on the general fund only, but action is needed today to levy the sewer service charges on the tax roll.

Discussion among Council included the timing and consequences of not filing or levying fees on the sewer service.

Addressing the Council at this time:

Anne Thart-spoke in opposition to this item.

Heather Benson- spoke in opposition to this item.

Allison Burns, City Attorney announced that any written protests need to be submitted before the close of the public hearing.

Carla Johnson- spoke in opposition to this item.

Allison Burns, City Attorney explained the differences in procedure for Proposition 218.

Dr. Miguel Coronado -spoke in opposition to this item.

CC/SA/FA/HA/PA Minutes-08/11/26
5 Rich G- spoke in opposition to this item.

Arthur Calloway- discussed alternative ways and possibly delaying implementation.

Diane- spoke in opposition to this item.

Michelley- spoke in opposition to this item.

Cheryl Boswell-spoke in opposition to this item.

Greg Bashum- discussed the cost of living and the possibility of implementing the fees over a five-year plan.

Allison Burns, City Attorney announced the last opportunity to submit a written protest.

Mayor Parris closed the public hearing.

Allison Burns, City Attorney provided alternatives which included the ability to implement the fees in increments.

Discussion among Council included whether it could be implemented and not assess charges for at least sixty (60) days.

Allison Burns, City Attorney stated that the approval would not allow for assessment to happen later and levying has to be voted on today.

Discussion among Council included implementing the fees and using the reserve fund.

Andrea Alexander, City Clerk announced that a total of 8,370 written protests were received, counted one per parcel, against 40, 213 identified parcels; the majority threshold is 20, 508. No majority protest.

RECESSED
Mayor Parris recessed the meeting at approximately 4:46 p.m.

RECONVENED
Mayor Parris reconvened the meeting at approximately 5:07 p.m.

George Harris, II, Deputy City Manager recommended moving forward with the adoption but develop an immediate rebate program for those who can show an immediate need.

Discussion among Council included defining the parameters and placing parameters on the criteria for rebates. Council also discussed ensuring information is provided to the public.

CC/SA/FA/HA/PA Minutes-08/11/26
6 Allison Burns, City Attorney advised using Housing and Urban Development (HUD) guidelines for measuring those that qualify and coming back later if more authority is needed.

Discussion among Council included implementing a rebate program for businesses.

Allison Burns, City Attorney advised that Council may take action act later regarding the creation of rebate programs for businesses.

Discussion among Council included programs that other organizations utilize to implement rebates for businesses. Council also discussed the need for churches to obtain relief.

Trolis Niebla, City Manager discussed the need to address replacements for some sewer lines.

Discussion among Council included the possibility of waiting one year to implement the fees.

Allison Burns, City Attorney advised the City Council regarding various options to implement the fees.

On a motion by Council Member White and seconded by Council Member Castellanos, the City Council denied the motion to hold the Lancaster sewer system service charges for fiscal year 2026/2027 and proposed sewer service charge increases in abeyance, by the following vote: 2-3-0-0; AYES: Castellanos, White; NOES: Castellanos, Hughes- Leslie, Parris; ABSTAIN: None; ABSENT: None.

RECESSED
Mayor Parris recessed the meeting at approximately 5:27 p.m.

RECONVENED
Mayor Parris reconvened the meeting at approximately 5:28 p.m.

Discussion among Council was regarding the timing of the rebates.

Allison Burns, City Attorney recommended that property taxes show paid prior to issuing the rebate.

On a motion by Mayor Parris and seconded by Council Member Mann, the City Council (i) adopted Resolution 26-60 approving the proposed maximum sewer service charge increases and directing their placement on the County tax roll; (ii) directed staff to immediately implement a rebate program for those households that (a) meet the California Department of Housing and Community Development definition for extremely low-, very low-, low- or moderate-income households fixed income, (b) are senior households and (c) meet duress criteria (to be determined by the Council at a future meeting), who pay their taxes, for a maximum rebate amount of $86.70 and if the number of applications submitted for such rebate program exceeds 1,000, to return to the CC/SA/FA/HA/PA Minutes-08/11/26
7 Council for additional authority; and (iii) directed staff to prepare and present to the Council at an upcoming meeting a commercial rebate program consistent with the Los Angeles County Sanitation District’s rebate program, by the following vote: 4-1-0-0; AYES: Mann, White, Hughes-Leslie, Parris; NOES: Castellanos; ABSTAIN: None; ABSENT: None.

CPH 2. LANCASTER LIGHTING MAINTENANCE DISTRICT ANNUAL ASSESSMENT FOR FISCAL YEAR 2026/27
Mayor Parris announced that the public hearing remains open.

Allison Burns, City Attorney presented the staff report on this item.

Addressing the Council at this time:

Michelley – sought clarification on levying the assessments, and spoke in opposition to this item.

Patrick Saatzer- spoke in opposition to this item and suggested using the profits from Clear Choice Energy to cover the assessment.

Dr. Miguel Coronado – spoke in opposition to this item and discussed the costs associated with the assessment.

Rich G- spoke in opposition to this item.

Cheryl Boswell- sought clarification of what the levy is and spoke in opposition to this item.

Mayor Parris closed the public hearing.

On a motion by Council Member Hughes-Leslie and seconded by Council Member Mann, the City Council adopted Resolution No. 26-62, confirming the diagram and assessments, and ordering the levy of an assessment in the Lancaster Lighting Maintenance District for Fiscal Year 2026-2027, by the following vote: by the following vote: 3-2-0-0; AYES: Mann, Hughes-Leslie, Parris; NOES: Castellanos, White; ABSTAIN: None; ABSENT: None.

CPH 3. LANCASTER LANDSCAPE MAINTENANCE DISTRICT NO. 1 ANNUAL ASSESSMENT FOR FISCAL YEAR 2026/27
Mayor Parris announced that the public hearing remains open.

Allison Burns, City Attorney presented the staff report on this item.

Addressing the Council at this time:

CC/SA/FA/HA/PA Minutes-08/11/26
8 Anne Thart -sought clarification of the assessments.

Michelley- sought clarification of the costs and spoke in opposition to this item.

Rich G- spoke in opposition to this item.

Dr. Miguel Coronado- spoke in opposition to this item.

Cheryl Boswell- spoke in opposition to this item.

Mayor Parris closed the public hearing.

On a motion by Council Member Hughes-Leslie and seconded by Council Member Mann, the City Council adopted Resolution No. 26-63, confirming the diagram and assessments, and ordering the levying of an assessment in the Lancaster Landscape Maintenance District No. 1 for Fiscal Year 2026-2027, by the following vote: 3-2-0-0; AYES: Mann, Hughes-Leslie, Parris; NOES: Castellanos, White; ABSTAIN: None; ABSENT: None.

CPH 4. LANCASTER DRAINAGE BENEFIT ASSESSMENT DISTRICT ANNUAL ASSESSMENT FOR FISCAL YEAR 2026/27
Mayor Parris announced that the public hearing remains open.

Allison Burns, City Attorney presented the staff report on this item.

Anne Thart- discussed issues with the accuracy of the cost adjustments.

Discussion among Council was regarding the cost of living index.

Michelley- discussed assessment increases.

Allison Burns, City Attorney provided the proposed increase amounts.

Rich G.- spoke in opposition to this item.

George Harris, Deputy City Manager provided clarification regarding the fees listed on the documentation provided.

Discussion among Council included clarifying the current item as opposed to the previous proposed Proposition 218 changes.

Cheryl Boswell- inquired about the various drainage zones.

Discussion among Council included the usage of reserve funds, and quality of life.

Mayor Parris closed the public hearing.

CC/SA/FA/HA/PA Minutes-08/11/26
9 On a motion by Council Member Hughes-Leslie and seconded by Council Member Mann, the City Council adopted Resolution No. 26-64, confirming the diagram and assessments, and ordering the levy of an assessment in the Lancaster Drainage Benefit Assessment District for Fiscal Year 2026-2027, by the following vote: 4-1-0-0; AYES:

Mann, White, Hughes-Leslie, Parris; NOES: Castellanos; ABSTAIN: None; ABSENT:

None.

CONSENT CALENDAR
On a motion by Vice Mayor Hughes-Leslie and seconded by Council Member Mann, the City Council approved the Consent Calendar as comprised, by the following vote: 5-0-0- 0; AYES: Castellanos, Mann, White, Hughes-Leslie, Parris; NOES: None; ABSTAIN:

None; ABSENT: None.

CC 1. ORDINANCE WAIVER
Waive further reading of any proposed ordinance. (This permits reading the title only in lieu of reciting the entire text.)

CC 2. MINUTES
Approved the City Council/Successor Agency/Financing/Power Authority Regular Meeting Minutes of July 14, 2026.

CC 3. CHECK REGISTERS – JUNE 28, THROUGH JULY 25, 2026
Approved the Check and Wire Registers for payments made June 28, 2026, through July 25, 2026, in the amount of $33,171,185.47 as presented.

CC 4. AWARD OF PROFESSIONAL SERVICES AGREEMENT WITH FRYDMAN COUNSEL, INC. – EXECUTIVE LEADERSHIP ACADEMY & EXECUTIVE

STRATEGY PROGRAMS

1. Approved a Professional Services Agreement with Frydman Counsel, Inc., for Exectutive Leadership Academy and Executive Strategy Programs, in an amount not to exceed $325,000.00, and authorized the City Manager, or his designee, to execute all related documents;

2. Authorized the City Manager, or his designee, to execute any necessary amendments to the Agreement, in a form approved by the City Attorney, provided the total contract amount does not exceed the approved not-to-exceed amount; and

3. Determined that this action is not a project pursuant to the California Environmental Quality Act (CEQA).

CC/SA/FA/HA/PA Minutes-08/11/26
10 CC 5. AWARD OF PROFESSIONAL SERVICES AGREEMENT WITH FRYDMAN COUNSEL, INC. – REGIONAL ENERGY STRATEGY, FPH2 COORDINATION &

PROJECT IMPLEMENTATION

1. Approved a Professional Services Agreement with Frydman Counsel, Inc., for Regional Energy Strategy, FPH2 Coordination & Project Implementation, in an amount not to exceed $185,000.00, and authorized the City Manager, or his designee, to execute all related documents;

2. Authorized the City Manager, or his designee, to execute any necessary amendments to the Agreement, in a form approved by the City Attorney, provided the total contract amount does not exceed the approved not-to-exceed amount; and

3. Determined that this action is not a project pursuant to the California Environmental Quality Act (CEQA).

CC 6. ACCEPTANCE OF CALIFORNIA BOARD OF STATE AND COMMUNITY CORRECTIONS – PROPOSITION 64 PUBLIC HEALTH & SAFETY GRANT AWARD

1. Accepted California Board of State and Community Corrections – Proposition 64 Cohort 4 Public Health & Safety Grant Program award in the amount of $4,149,655.00, appropriating funds to revenue account LPDPROP64.STATEOTHER.23030000.4998.

2. Appropriated funds to the following project expense strings for implementation of the Proposition 64 Cohort 4 Public Health & Safety Grant program:
$ 1,058,352.00 to LPDPROP64.SAL 23030000.5101
$ 3,001,303.00 to LPDPROP64.MISCGRANTS 23030000.5656
$ 90,000.00 to LPDPROP64.EQUIPFURN 23030000.8100

3. Authorized the City Manager, or his designee, to execute the grant agreement including all necessary documents and provisions, subject to City Attorney approval.

CC 7. INCREASE TO THE CONSTRUCTION CONTRACT WITH MARINA LANDSCAPE, INC. FOR PUBLIC WORKS CONSTRUCTION PROJECT NO. 21-023 – PH2 LANDSCAPE RESTORATION PROGRAM
Authorized an increase in the construction contract with Marina Landscape, Inc., of Orange, California, for Public Works Construction Project (PWCP) No. 21-023, Phase 2 Landscape Restoration Program, in the amount of $36,518.20, plus a 10% contingency, and authorized the City Manager, or his designee, to execute all related documents.

CC/SA/FA/HA/PA Minutes-08/11/26
11 CC 8. REQUEST FOR EXPENDITURE AUTHORITY FOR ON-CALL AUTOMOTIVE

FUEL DELIVERY FOR FLEET SERVICES

1. Approved a not-to-exceed combined expenditure authority of $717,596.82 with Mansfield Oil Company of Gainesville, Inc. and TACenergy, LLC, for the purchase and delivery of automotive fuel utilizing competitively awarded cooperative purchasing contracts through OMNIA Partners and Sourcewell.

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

CC 9. ACCEPTANCE OF TECH CY PRES FUND GRANT AWARD

1. Accepted grant revenue from the Tech Cy Pres Fund in the amount of $158,808 to revenue account 11218000.4998.

2. Appropriated funds in the amount of $158,808 to the expenditure account 11218000.5360.

3. Authorized the City Manager, or his designee, to execute the grant agreement and any related documents.

CC 10.LICENSE AGREEMENT WITH ANTELOPE VALLEY SOCCER, LLC FOR

OFF-SITE EVENT PARKING

1. Authorized the City Manager, or his designee, in concurrence with the City Attorney, to finalize, negotiate, and execute a License Agreement with Antelope Valley Soccer, LLC, for the temporary use of City-owned property located near the Lancaster Municipal Stadium for event parking during the 2026 soccer season.

HOUSING AUTHORITY - CONSENT CALENDAR
On a motion by Vice Chair Hughes-Leslie and seconded by Housing Authority Member White, the Lancaster Housing Authority approved the Housing Authority Consent Calendar as comprised, by the following vote: 5-0-0-0; AYES: Castellanos, Mann, White, Hughes-Leslie, Parris; NOES: None; ABSTAIN: None; ABSENT: None.

HA CC 1. APPROVE EXTENSION TO EXCLUSIVE NEGOTIATING
AGREEMENT WITH GRUPE INVESTMENT COMPANY, INC.

1. Authorized the Executive Director or his designee to negotiate, finalize, and execute an Extension to the original Exclusive Negotiating Agreement (ENA) with Grupe Investment Company, Inc. for an additional 180-day period for the potential disposition of property owned by the Lancaster Housing Authority. No deposit will be required.

CC/SA/FA/HA/PA Minutes-08/11/26
12 2. Authorized the Executive Director or his designee to negotiate, finalize, and execute all related documents in a form approved by the City Attorney.

HA CC 2. EXCLUSIVE NEGOTIATING AGREEMENT WITH VISIONARY HOME

BUILDERS OF CALIFORNIA

1. Authorized the Executive Director or his designee to negotiate, finalize, and execute an Exclusive Negotiating Agreement (ENA) with Visionary Home Builders of California to enter into negotiations for a 180-day period for the potential disposition of property owned by the Lancaster Housing Authority. No deposit will be required.

2. Authorized the Executive Director or his designee to negotiate, finalize, and execute all related documents in a form approved by the City Attorney

LANCASTER FINANCING AUTHORITY
No action is required at this time.

LANCASTER POWER AUTHORITY
No action is required at this time.

LANCASTER SUCESSOR AGENCY
No action is required at this time.

CITY CLERK /AGENCY/AUTHORITY SECRETARY ANNOUNCEMENT
The City Clerk provided the public with the procedure to address the City Council/Successor Agency/Authority regarding non-agendized items.

PUBLIC BUSINESS FROM THE FLOOR - NON-AGENDIZED ITEMS
Patricia Garcia - discussed safety issues with nearby drug treatment facility.

David Paul- discussed the upcoming anniversary of the Antelope Valley VA clinic and discounts for seniors.

Phillip Brown- discussed various topics such as the importance of assistance for foster kids who graduate out of the system.

Greg Bashem- discussed various topics such as the pavement of Lancaster Boulevard.

Michelley- discussed various topics such as using reserves for road pavement.

Aruthur Calloway -discussed the Council considering an accountability report and considering a rebate for those that are not low income.

CITY COUNCIL/AGENCY/AUTHORITY COMMENTS
No comments at this time.

CC/SA/FA/HA/PA Minutes-08/11/26
13 ADJOURNMENT
Mayor Parris adjourned the meeting at 6:45 p.m. and stated the next City Council/Successor Agency/Financing/Power Authority meeting will be held on Tuesday, August 25, 2026, at 1:30 p.m.

PASSED, APPROVED and ADOPTED this 25th day of August 2026, by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

ATTEST: APPROVED:
__________________________ _____________________________ ANDREA ALEXANDER, CMC R. REX PARRIS

CITY CLERK MAYOR/CHAIRMAN
STATE OF CALIFORNIA }
COUNTY OF LOS ANGELES } ss
CITY OF LANCASTER }
CC/SA/FA/HA/PA Minutes-08/11/26
14 CERTIFICATION OF MINUTES

CITY COUNCIL/SUCCESSOR AGENCY/FINANCING/ HOUSING/POWER AUTHORITY I, ___________________________, ___________________________ of the City of Lancaster, CA, do hereby certify that this is a true and correct copy of the original City Council/Successor Agency/ Financing/ Housing/ Power Authority Minutes, for which the original is on file in my office.

WITNESS MY HAND AND THE SEAL OF THE CITY OF LANCASTER, CA on this _______________ day of ______________________, ____________. (seal)
_________________________________

STAFF REPORT
City of Lancaster
CC 3
8/25/2026
TN
Date:August 25, 2026
To: Mayor Parris and City Council Members
From:George N. Harris II, Deputy City Manager / Treasurer Subject:Check Registers – July 26, through August 08, 2026 Recommendation:

Approve the Check and Wire Registers for payments made July 26, 2026, through August 08, 2026, in the amount of $3,684,376.22 as presented.

G.C. Section 84308: No
Fiscal Impact:
$3,684,376.22 as detailed in the Check Registers.

Background:

At each regular City Council Meeting, the City Council is presented with a check and ACH/wire registers listing the financial claims (invoices) against and paid by the City for the purchase of materials, supplies, services, and capital projects during the prior three to four weeks.

This process provides the City Council with the opportunity to review the City’s expenditures.

Claims have been paid via checks, Electronic Funds Transfer EFT), Automated Clearing House (ACH) payments, or federal wires. The justifying backup information for each expenditure is available in the Finance Department.

Check Nos.: 7471796-7472074 $ 2,060,885.37
EFT Check Nos.: 2001765-2001824 $ 1,213,650.40
ACH/Wire Check Nos.: 101012223-101012226 $ 409,840.45
$ 3,684,376.22
Voided Check No.: N/A
Voided ACH/Wire No.: N/A
Voided EFT No.: N/A
2 4
9 5
Attachment:

Check Register
ACH/Wire Register
EFT Register
&LW\RI/DQFDVWHUa&$a
3$,',192,&(65(3257
Report generated: 08/10/2026 07:41
User: mpugmire
Program ID: appdwarr