Lake Elsinore City Council
December 9, 2025

REPORT TO CITY COUNCIL
To:Honorable Mayor and Members of the City Council
From:Jason Simpson, City Manager
Prepared by:Shannon Buckley, Assistant City Manager
Date:December 9, 2025
Subject:Donation of 2014 Quint No. 97 Fire Truck to the Riverside County Fire Department
Recommendation
Approve the donation of the 2014 Quint No. 97 Fire Truck to the Riverside County Fire Department.

Background
The City has received a request from CalFire Chief Bill Weiser to donate the 2014 Quint to the Riverside County Fire Department. The truck would be parked at Rosetta Canyon Fire Station as a backup and as a condition of the donation.

The 2014 Quint Fire Truck was purchased on March 26, 2013, for the Rosetta Canyon Fire Station No. 97. Quint No. 97 was placed into service in 2014. The fire truck has been fully depreciated.

Currently, Quint No. 97 is being used as a reserve in the event a frontline Truck/Engine is out of service.

On April 11, 2023, the City Council approved the purchase of a new Quint fire apparatus, funded by Measure Z funds. The new 75’ Aerial Fire Truck was purchased in July of 2025 and has been assigned to the Rosetta Canyon Fire Station #97 and is currently in service.

Fiscal Impact
By donating the 2014 Quint, the city will be released of all associated maintenance costs, use costs, liability, and insurance.

Attachments
Attachment 1- Offer of Donation Letter
Donation of 2014 Quint No. 97 Fire Truck

Administrative Services

October 28, 2025

Bill Weiser
Fire Chief
CAL FIRE/Riverside County Fire
210 W. San Jacinto Avenue
Perris, CA 92570

Subject: City Surplus Vehicle Donation

Dear Chief Weiser:

The City of Lake Elsinore is in receipt of your donation request for the 2014 Smeal 75' Aerial Ladder Fire Truck (ALFT), VIN: 4S7AV2E96EC077548. Through the City's Surplus Equipment process and according to established policy, the ALFT has been identified and declared surplus. This letter will serve as the City's offer of donation and as its intent to release interest in ownership and transferring legal interest and ownership to the Riverside County Fire Department.

This transfer also recognizes the value derived to the City of Lake Elsinore through equipment repairs provided by Riverside County Fire that will keep this unit in Lake Elsinore as a Reserve Truck pending receipt of replacement equipment as described below.

All equipment and/or property donated/transferred is in AS IS condition with no warranty. The donation/transfer is final. By accepting the legal interest/ownership of the property, your agency is accepting responsibility for all associated maintenance cost s, use costs, liability, insurance, registration, taxation, and any other costs possibly associated with ownership.

The following equipment is offered for donation:

2014 Smeal 75' Aerial Ladder Fire Truck, VIN: 4S7AV2E96EC077548., license# 1371228.

The City of Lake Elsinore has recently purchased a new 75' Aerial Fire Truck. Riverside County Fire Department Officials have committed to making the 2014 Smeal 75' Aerial Ladder Fire Truck available to the City of Lake Elsinore and Unincorporated County areas.

Docusign Envelope ID: 4BE5C60B-C285-46FF-A28F-08717A963737 Ultimately, this 2014 Aerial Ladder Truck will be assigned to the Ben Clark Training Center for use with specialized training programs. We also recognize that donation of this surplus equipment retains it for use in our area through the Cooperative Agreement that has served Lake Elsinore exceedingly well over many years.

After approval and acceptance by the County Board of Supervisors, the City will arrange for transfer of the vehicle and title. Should you have any questions, please contact Shannon Buckley, Assistant City Manager, at (951) 395-1966, or [email protected]

Respectfully,

Shannon Buckley

__________________
Assistant City Manager
City of Lake Elsinore
Docusign Envelope ID: 4BE5C60B-C285-46FF-A28F-08717A963737

12)
Public Works Agreement with Monet Construction, Inc for Bid Set ‘A’ Concrete, Framing, Roofing, Exterior Doors, Windows, and Cement Plaster/brick, Bid Set ‘A’, on the City Library Project (CIP Project No. Z20003)
Approve and authorize the City Manager to execute a Public Works Construction Agreement with Monet Construction in an amount not to exceed $3,792,541.00 for the concrete, framing, roofing, exterior doors, widows and cement plaster/brick, Bid Set ‘A’, on the new City Library Project in such final form as approved by the City Attorney; authorize the City Manager to execute change orders not to exceed the 10% contingency amount of $379,254.00; and authorize the City Clerk to record the Notice of Completion once work is completed.

REPORT TO CITY COUNCIL
To:Honorable Mayor and Members of the City Council
From:Jason Simpson, City Manager
Prepared by:Shannon Buckley, Assistant City Manager
Date:December 9, 2025
Subject:Public Works Agreement with Monet Construction, Inc for Bid Set ‘A’ Concrete, Framing, Roofing, Exterior Doors, Windows, and Cement Plaster/brick, Bid Set ‘A’, on the City Library Project (CIP Project No.

Z20003)
Recommendation
Approve and authorize the City Manager to execute a Public Works Construction Agreement with Monet Construction in an amount not to exceed $3,792,541.00 for the concrete, framing, roofing, exterior doors, widows and cement plaster/brick, Bid Set ‘A’, on the new City Library Project in such final form as approved by the City Attorney; authorize the City Manager to execute change orders not to exceed the 10% contingency amount of $379,254.00; and authorize the City Clerk to record the Notice of Completion once work is completed.

Background
The City has secured construction funding and has designed a new City Library ready for construction at the corner of Sumner Avenue and Main Street. Construction bid documents were prepared and Bid Set ‘A’ was advertised for bid in accordance with the requirements set forth in the California Public Contract Code. The City reposted on PlanetBids the notice inviting bids for the library project, Bid Set ‘A’, concrete, framing, roofing, exterior doors, windows, and cement plaster/brick.

Six bids were received on or before the deadline of 2:00 p.m. on Wednesday, November 5, 2025.

The bids were reviewed in Planetbids, examined, and declared in City Hall. The bid result was posted in Planetbids shortly after the staff’s review. Following the examination of the bids, the lowest responsive bidder, Monet Construction, was reviewed and interviewed by staff and determined to be complete.

Discussion
Monet Construction Agreement Bid Set ‘A’ City Library Project

The companies listed below submitted a bid response. Staff have verified the references and work product of the lowest responsive bidder, and the contractor was briefed on the entire scope of work and is familiar with the project and work requirements. Listed below are the submitted proposals, and Monet Construction is the lowest responsible at $3,792,541.00.

Company Amount Comments
Monet Construction $3,792,541.00 80.09% self-performing SPEC Construction Inc. $4,088,000.00 85.86% self-performing SAS Construction $4,147,000.00 100% self-performing
MLC Construction $4,275,960.00 100% self-performing
CSI Services $4,495,000.00 100% self-performing
Caliba Inc. $4,923,700.00 83.73% self-performing
The cost range for this scope of work was estimated to be between $4 and $5 million. This work will essentially construct a completely weather-tight building with exterior finishes. Once the bid set ‘A’ scope of work is completed, the remaining work will include the interior finishes and final electrical, mechanical, and plumbing.

The concrete, framing, roofing, exterior doors, windows, and cement plaster/brick, Bid Set ‘A’, work will begin immediately following the execution of the public works construction agreement and completion of the site development (excavation and grading) currently underway. In this agreement, the key elements will include the following items:

Mobilization & Demobilization Including Construction Schedules (Not To Exceed 3% of Total Bid)
Labor, Material Bond, and Performance Bond
Concrete, Footing & Slab
Spoils Removal
Backfill and Compact
Steel Rebar
Framing with Structural Elements
Roof Decking
Roof Safety Netting / Railing
Roof TPO System
Exterior Window
Exterior Doors
Cement Plaster
Masonry Brick
Fiscal Impact
Monet Construction Agreement Bid Set ‘A’ City Library Project

Funding costs are included in the Fiscal Year 25/26 – 29/30 Capital Improvement Plan (CIP) budget, CIP# Z20003.

Attachments
Attachment 1- Agreement
Exhibit A- Bid Results Summary
City Manager’s Office
1 Agreement No. __________

AGREEMENT FOR PUBLIC WORKS CONSTRUCTION
Monet Construction, Inc.

For the
City Library
CIP PROJECT NO. Z20003
This Agreement for Public Works Construction (“Agreement”) is made and entered into as of December 9, 2025 by and between the City of Lake Elsinore, a municipal corporation (“City”) and Monet Construction, Inc. (“Contractor”).

The City and Contractor, in consideration of the mutual promises and covenants set forth herein, agree as follows:

1. The Project and Project Documents. Contractor agrees to construct the following public improvements (“work”) identified as:

Bid Set ‘A’ concrete, framing, roofing, exterior doors, window and cement plaster/brick (the “Project”)
The City-approved plans for the construction of the Project, which are incorporated herein by reference and prepared by Bid Set ‘A’ Architectural Plans, are identified as:

Concrete, framing, roofing, exterior doors, windows and cement plaster/brick The Project Documents include this Agreement and all of the following: (1) the Notice Inviting Bids, Instructions to Bidders, Bid Documents including Bidder’s Proposal as submitted by the Contractor, Contract Documents, General Specifications, Special Provisions, and all attachments and appendices; (2) everything referenced in such documents, such as specifications, details, standard plans or drawings and appendices, including all applicable State and Federal requirements; (3) all required bonds, insurance certificates, permits, notices, and affidavits; and (4) any and all addenda or supplemental agreements clarifying, amending or extending the work contemplated as may be required to insure completion in an acceptable manner. All of the provisions of the above-listed documents are made a part of this Agreement as though fully set forth herein.

2. Compensation.
a. For and in consideration of the payments and agreements to be made and performed by City, Contractor agrees to construct the Project, including furnishing all materials and performing all work required for the Project, and to fulfill all other obligations as set forth in the Bidder’s Proposal, such contract price being three million seven hundred ninety- two thousand five hundred forty-one dollars ($3,792,541.00). 2 b. City hereby promises and agrees to employ, and does hereby employ, Contractor to provide the materials, do the work, and fulfill the obligations according to the terms and conditions herein contained and referred to, for the prices set forth, and hereby contracts to pay the same at the time, in the manner, and upon the conditions set forth in the Project Documents.
c. Contractor agrees to receive and accept the prices set forth in the Bidder’s Proposal as full compensation for furnishing all materials, performing all work, and fulfilling all obligations hereunder. Such compensation shall cover all expenses, losses, damages, and consequences arising out of the nature of work during its progress or prior to its acceptance including those for well and faithfully completing the work and the whole thereof in the manner and time specified in the Project Documents; and also including those arising from actions of the elements, unforeseen difficulties or obstructions encountered in the prosecution of the work, suspension or discontinuance of the work, and all other unknowns or risks of any description connected with the work.

3. Completion of Work.
a. Contractor shall perform and complete all work within 145 working days from the date of commencement specified in the Notice to Proceed, and shall provide, furnish and pay for all the labor, materials, necessary tools, expendable equipment, and all taxes, utility and transportation services required for construction of the Project. b. All work shall be performed and completed in a good workmanlike manner in strict accordance with the drawings, specifications and all provisions of this Agreement as hereinabove defined and in accordance with applicable laws, codes, regulations, ordinances and any other legal requirements governing the Project.
c. Contractor shall not be excused with respect to the failure to so comply by any act or omission of the City, the City Engineer, a City inspector, or a representative of any of them, unless such act or omission actually prevents the Contractor from fully complying with the requirements of the Project Documents, and unless the Contractor protests at the time of such alleged prevention that the act or omission is preventing the Contractor from fully complying with the Project Documents. Such protest shall not be effective unless reduced to writing and filed with the City within three (3) working days of the date of occurrence of the act or omission preventing the Contractor from fully complying with the Project Documents. d. City and Contractor recognize that time is of the essence in the performance of this Agreement and further agree that if the work called for under the Agreement is not completed within the time hereinabove specified, damages will be sustained by the City and that, it is and will be impracticable or extremely difficult to ascertain and determine the actual amount of damages the City will sustain in the event of, and by reason of, such delay. It is, therefore, agreed that such damages shall be presumed to be in the amount of $1,000.00 per calendar day, and that the Contractor will pay to the City, or City may retain from amounts otherwise payable to Contractor, such amount for each calendar day by which the Contractor fails to complete the work, including corrective items of work, under this Agreement within the time hereinabove specified and as adjusted by any changes to the work. 2 3

4. Changes to Work. City and Contractor agree that the City may make changes to the work, or suspend the work, and no matter how many changes, such changes or suspensions are within the contemplation of the Contractor and City and will not be a basis for a compensable delay claim against the City nor be the basis for a liquidated damage claim against the Contractor.

Any change to the work shall be by way of a written instrument (“change order”) signed by the City and the Contractor, stating their agreement to the following:
a. The scope of the change in the work;
b. The amount of the adjustment to the contract price; and c. The extent of the adjustment to the Schedule of Performance.

The City Engineer is authorized to sign any change order provided that sufficient contingency funds are available in the City’s approved budget for the Project. All change in the work authorized by the change order shall be performed under the applicable conditions of the Project Documents. City and Contractor shall negotiate in good faith and as expeditiously as possible the appropriate adjustments for such changes.

5. Bonds. Contractor shall provide, before commencing work, a Faithful Performance Bond and a Labor and Material Bond, each for one-hundred percent (100%) of the contract price in the form that complies with the Project Documents and is satisfactory to the City Attorney.

6. Non-Assignability. Neither this Agreement nor any rights, title, interest, duties or obligations under this Agreement may be assigned, transferred, conveyed or otherwise disposed of by Contractor without the prior written consent of City.

7. Licenses. Contractor represents and warrants to City that it holds the contractor’s license or licenses set forth in the Project Documents, is registered with the Department of Industrial Relations pursuant to Labor Code Section 1725.5, and holds such other licenses, permits, qualifications, insurance and approvals of whatsoever nature which are legally required of Contractor. Contractor represents and warrants to City that Contractor shall, at its sole cost and expense, keep in effect or obtain at all times during the term of this Agreement, any licenses, permits, insurance and approvals which are legally required of Contractor to practice its profession. Contractor shall maintain a City of Lake Elsinore business license.

8. Indemnity. Contractor shall indemnify, defend, and hold harmless the City and its officials, officers, employees, agents, the County and Board Supervisors, and volunteers from and against any and all losses, liability, claims, suits, actions, damages, and causes of action arising out of any personal injury, bodily injury, loss of life, or damage to property, or any violation of any federal, state, or municipal law or ordinance, to the extent caused, in whole or in part, by the willful misconduct or negligent acts or omissions of Contractor or its employees, subcontractors, or agents, by acts for which they could be held strictly liable, or by the quality or character of their work. The foregoing obligation of Contractor shall not apply when (1) the injury, loss of life, damage to property, or violation of law arises from the sole negligence or willful misconduct of the City or its officers, employees, agents, or volunteers and (2) the actions of Contractor or its employees, subcontractor, or agents have contributed in no part to the injury, loss of life, damage to
3 4
property, or violation of law. It is understood that the duty of Contractor to indemnify and hold harmless includes the duty to defend as set forth in Section 2778 of the California Civil Code.

Acceptance by City of insurance certificates and endorsements required under this Agreement does not relieve Contractor from liability under this indemnification and hold harmless clause.

This indemnification and hold harmless clause shall apply to any damages or claims for damages whether or not such insurance policies shall have been determined to apply. By execution of this Agreement, Contractor acknowledges and agrees to the provisions of this Section and that it is a material element of consideration.

9. Insurance Requirements.
a. Insurance. Contractor, at Contractor’s own cost and expense, shall procure and maintain, for the duration of the Agreement, unless modified by the City’s Risk Manager, the following insurance policies.
i. Workers’ Compensation Coverage. Contractor shall maintain Workers’ Compensation Insurance and Employer’s Liability Insurance for his/her employees in accordance with the laws of the State of California. In addition, Contractor shall require each subcontractor to similarly maintain Workers’ Compensation Insurance and Employer’s Liability Insurance in accordance with the laws of the State of California for all of the subcontractor’s employees. Any notice of cancellation or non-renewal of all Workers’ Compensation policies must be received by the City at least thirty (30) days prior to such change. The insurer shall agree to waive all rights of subrogation against City, its officers, agents, employees and volunteers for losses arising from work performed by Contractor for City. In the event that Contractor is exempt from Worker’s Compensation Insurance and Employer’s Liability Insurance for his/her employees in accordance with the laws of the State of California, Contractor shall submit to the City a Certificate of Exemption from Workers Compensation Insurance in a form approved by the City Attorney.
ii. Commercial General Liability Coverage. Contractor shall maintain commercial general liability insurance in an amount not less than one million dollars ($1,000,000) per occurrence for bodily injury, personal injury and property damage. If a commercial general liability insurance form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit. Required commercial general liability coverage shall be at least as broad as Insurance Services Office Commercial General Liability occurrence form CG 0001 (ed. 11/88) or Insurance Services Office form number GL 0002 (ed. 1/73) covering comprehensive General Liability and Insurance Services Office form number GL 0404 covering Broad Form Comprehensive General Liability. No endorsement may be attached limiting the coverage.
iii. Automobile Liability Coverage. Contractor shall maintain automobile liability insurance covering bodily injury and property damage for all activities of the Contractor arising out of or in connection with the work to be performed under this Agreement, including coverage for owned, hired and non-owned vehicles, in an amount of not less than one million dollars ($1,000,000) combined single limit for each occurrence. Automobile liability coverage must be at least as broad as Insurance Services Office Automobile Liability form CA 0001 (ed. 12/90) Code 1 (“any auto”). No endorsement may be attached limiting the coverage.
4 5
iv. Builder’s Risk Coverage. Prior to the commencement of any construction of the Project, Design-Builder shall obtain (or cause to be obtained) and keep in force during the term of any construction, builder’s risk insurance insuring for all risks of physical loss of or damage (excluding the perils of earthquake and flood). v. Professional Liability Coverage. Contractor shall maintain professional errors and omissions liability insurance appropriate for Contractor’s profession for protection against claims alleging negligent acts, errors or omissions which may arise from Contractor’s services under this Agreement, whether such services are provided by the Contractor or by its employees, subcontractors, or sub consultants.

The amount of this insurance shall not be less than one million dollars ($1,000,000) on a claims-made annual aggregate basis, or a combined single limit per occurrence basis.
b. Endorsements. Each general commercial liability and automobile liability insurance policy shall be with insurers possessing a Best’s rating of no less than A:VII and shall be endorsed with the following specific language:
i. The City, its elected or appointed officers, officials, employees, agents and volunteers are to be covered as additional insured with respect to liability arising out of work performed by or on behalf of the Contractor, including materials, parts or equipment furnished in connection with such work or operations. ii. This policy shall be considered primary insurance as respects the City, its elected or appointed officers, officials, employees, agents and volunteers. Any insurance maintained by the City, including any self-insured retention the City may have, shall be considered excess insurance only and shall not contribute with it. iii. This insurance shall act for each insured and additional insured as though a separate policy had been written for each, except with respect to the limits of liability of the insuring company.
iv. The insurer waives all rights of subrogation against the City, its elected or appointed officers, officials, employees or agents. v. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its elected or appointed officers, officials, employees, agents or volunteers.
vi. The insurance provided by this Policy shall not be suspended, voided, canceled, or reduced in coverage or in limits except after thirty (30) days written notice has been received by the City.
c. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City. At the City’s option, Contractor shall demonstrate financial capability for payment of such deductibles or self-insured retentions. d. Certificates of Insurance. Contractor shall provide certificates of insurance with original endorsements to City as evidence of the insurance coverage required herein.

Certificates of such insurance shall be filed with the City on or before commencement of performance of this Agreement. Current certification of insurance shall be kept on file with the City at all times during the term of this Agreement.
6 10. Notices. Any notice required to be given under this Agreement shall be in writing and either served personally or sent prepaid, first class mail. Any such notice shall be addressed to the other party at the address set forth below. Notice shall be deemed communicated within 48 hours from the time of mailing if mailed as provided in this section.

If to City: City of Lake Elsinore
Attn: City Manager
130 South Main Street
Lake Elsinore, CA 92530
With a copy to: City of Lake Elsinore
Attn: City Clerk
130 South Main Street
Lake Elsinore, CA 92530
If to Contractor: Monet Construction, Inc.

Attn: Richard Boctor
7610 Day St.

Tujuna, CA 91042

11. Entire Agreement. This Agreement constitutes the complete and exclusive statement of agreement between the City and Contractor. All prior written and oral communications, including correspondence, drafts, memoranda, and representations, are superseded in total by this Agreement.

12. Amendments. This Agreement may be modified or amended only by a written document executed by both Contractor and City and approved as to form by the City Attorney.

13. Assignment and Subcontracting. Contractor shall be fully responsible to City for all acts or omissions of any subcontractors. Assignments of any or all rights, duties for obligations of the Contractor under this Agreement will be permitted only with the express consent of the City. Nothing in this Agreement shall create any contractual relationship between City and any subcontractor nor shall it create any obligation on the part of the City to pay or to see to the payment of any monies due to any such subcontractor other than as otherwise is required by law.

14. Waiver. Waiver of a breach or default under this Agreement shall not constitute a continuing waiver of a subsequent breach of the same or any other provision under this Agreement.

15. Severability. If any term or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect.

16. Controlling Law Venue. This Agreement and all matters relating to it shall be governed by the laws of the State of California and any action brought relating to this Agreement shall be held exclusively in a state court in the County of Riverside. 6 7

17. Litigation Expenses and Attorneys’ Fees. If either party to this Agreement commences any legal action against the other party arising out of this Agreement, the prevailing party shall be entitled to recover its reasonable litigation expenses, including court costs, expert witness fees, discovery expenses, and attorneys’ fees.

18. Mediation. The parties agree to make a good faith attempt to resolve any disputes arising out of this Agreement through mediation prior to commencing litigation. The parties shall mutually agree upon the mediator and share the costs of mediation equally. If the parties are unable to agree upon a mediator, the dispute shall be submitted to JAMS or its successor in interest. JAMS shall provide the parties with the names of five qualified mediators. Each party shall have the option to strike two of the five mediators selected by JAMS and thereafter the mediator remaining shall hear the dispute. If the dispute remains unresolved after mediation, either party may commence litigation.

19. Authority to Enter Agreement and Administration. Contractor has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and to bind each respective party. The City Manager is authorized to enter into an amendment or otherwise take action on behalf of the City to make the following modifications to the Agreement: (a) a name change; (b) grant extensions of time; (c) non-monetary changes in the scope of services; and/or (d) suspend or terminate the Agreement. The City Engineer shall act as the Project administrator on behalf of the City.

20. Prohibited Interests. Contractor maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Contractor, to solicit or secure this Agreement. Further, Contractor warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Contractor, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.

21. Equal Opportunity Employment. Contractor represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination.

22. Prevailing Wages.
a. Contractor and all subcontractors shall adhere to the general prevailing rate of per diem wages as determined and as published by the State Director of the Department of Industrial Relations pursuant to Labor Code Sections 1770, 1773, and 1773.2. Copies of these rates and the latest revisions thereto are on file in the office of the City Clerk of the City of Lake Elsinore and are available for review upon request. 7 8
b. Contractor's attention is directed to the provisions of Labor Code Sections 1774, 1775, 1776, 1777.5 and 1777.6. Contractor shall comply with the provisions of these Sections. The statutory provisions for penalties for failure to comply with the State's wage and the hours laws will be enforced.
c. Labor Code Sections 1774 and 1775 require the Contractor and all subcontractors to pay not less than the prevailing wage rates to all workmen employed in the execution of the contract and specify forfeitures and penalties for failure to do so. The minimum wages to be paid are those determined by the State Director of the Department of Industrial Relations. Labor Code Section 1776 requires the Contractor and all subcontractors to keep accurate payroll records, specifies the contents thereof, their inspection and duplication procedures and certain notices required of the Contractor pertaining to their location. The statutory penalties for failure to pay prevailing wages will be enforced. If the Project has been awarded to Contractor on or after April 1, 2015, Contractor and its subcontractors must furnish electronic certified payroll records to the Labor Commissioner. Beginning January 1, 2016, Contractor and its subcontractors must furnish electronic certified payroll records to the Labor Commissioner without regard to when the Project was awarded to Contractor. d. Labor Code Section 1777.5 requires Contractor or subcontractor employing tradesmen in any apprenticeable occupation to apply to the Joint Apprenticeship Committee nearest the site of the public works project, which administers the apprenticeship program in that trade for a certificate of approval. The certificate will also fix the ratio of apprentices to journeymen to be used in the performance of the Agreement. The Contractor is required to make contributions to funds established for the administration of apprenticeship programs if the Contractor employs registered apprentices or journeymen in any apprenticeable trade and if other contractors on the public works site are making such contributions.

Information relative to apprenticeship standards, contributions, wage schedules and other requirements may be obtained from the State Director of Industrial Relations or from the Division of Apprenticeship Standards. Labor Code Section 1777.6 provides that it shall be unlawful to refuse to accept otherwise qualified employees as registered apprentices solely on the grounds of race, religious creed, color, national origin, ancestry, sex, or age. e. Eight hours labor constitutes a legal day's work, as set forth in Labor Code Section 1810.

23. Execution. This Agreement may be executed in several counterparts, each of which shall constitute one and the same instrument and shall become binding upon the parties when at least one copy hereof shall have been signed by both parties hereto. In approving this Agreement, it shall not be necessary to produce or account for more than one such counterpart. [Signatures on next page]
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IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the date first written above.
“CITY”
CITY OF LAKE ELSINORE, a municipal
corporation
“CONTRACTOR”
Monet Construction, Inc. a corporation
City Manager
ATTEST:

By: Richard Boctor
Its: President
City Clerk
APPROVED AS TO FORM:

By:Click or tap here to enter text.

Its: Click or tap here to enter text.

City Attorney
Assistant City Manager
10 EXHIBIT A
CONTRACTOR’S PROPOSAL
[ATTACHED]

EXHIBIT B

LIST OF SUBCONTRACTORS
[ATTACHED]

13)
Amendment No. 3 to the Professional Services Agreement with Engineering Resources of Southern California Inc. (ERSC) for Civil Engineering Services for the New City Hall Project (CIP Project No. Z20006)
Approve and authorize the City Manager to execute Amendment No. 3 with Engineering Resources of Southern California, Inc. (ERSC) for a total not to exceed amount of $33,405 in such final form as approved by the City Attorney.

REPORT TO CITY COUNCIL
To:Honorable Mayor and Members of the City Council
From:Jason Simpson, City Manager
Prepared by:Shannon Buckley, Assistant City Manager
Date:December 9, 2025
Subject:Amendment No. 3 to the Professional Services Agreement with Engineering Resources of Southern California Inc. (ERSC) for Civil Engineering Services for the New City Hall Project (CIP Project No.

Z20006)
Recommendation
Approve and authorize the City Manager to execute Amendment No. 3 with Engineering Resources of Southern California, Inc. (ERSC) for a total not to exceed amount of $33,405 in such final form as approved by the City Attorney.

Background
Staff have engaged the services of Engineering Resources of Southern California Inc. (ERSC) to provide civil engineering design services with valued engineering concepts. These services are needed to create an engineered building pad for the new corporate facility. ERSC and the City’s architect, STK Architectural, will work together with the help of Dennis Janda Surveying to establish an engineered build site complete with utility connections.

Discussion
These services are in addition to the original civil engineering services for the site development of the project and will include the needed civil engineering construction documentation to affect the utility connection and modified original site development plans. Key tasks are included in the following:

Grading, Drainage, and Street Design – Modify the current plan set to account for the relocation of the existing access to the alley to the easterly edge of the city hall property. oModification of the street design along the south side of Graham Street includes curb and gutter, sidewalk, and a new commercial driveway approach, including an accessible path of travel. Confirm the design of the proposed grind and overlay on Graham Street.

ERS Amendment No. 3

oRedesign grading in the alley to provide access to the existing traveled way in the alley, including grading and paving south of Graham Avenue, and revised grading along the alley at the rear of the new building.
oModify drainage design at the northeast corner of the proposed building and along the alley reconstruction to accommodate the modular wetland and ensure adequate treatment of site runoff.

Fire Department Connection – Design related to the relocation of the fire department connection to Graham Street, east of the proposed driveway. Move the fire department connection from its current location on Main Street to the new location on Graham Avenue. Provide design of the proposed waterline connection, piping, DCDA, post indicator valve, fire department connection, various check valves, and a new fire hydrant. Route piping from the fire department connection to the point of connection at the building. Prepare fire flow calculations for multiple scenarios based on the new design and previously acquired fire flow data from EVMWD.

Potholing – Coordinate potholing activities with USI, review and interpret pothole reports, and add tabulated pothole data to the plans for EVMWD. Potholing will occur on Main Street and Graham Avenue to identify points of connection on existing water lines, gas line crossings, and portions of the waterline being replaced.

Sewer Video – Provide coordination, video review, and data interpretation for video footage of the existing sewers in Main Street and Graham Avenue, necessary to locate three sewer laterals serving the three buildings that previously occupied the city hall site. Add sewer lateral locations to the EVMWD plans and coordinate abandonment thereof with District staff.

Water Rights Grant Deed – Relocating the DCDA/FDC to the Graham Avenue will result in the need for a Water Rights Grant Deed (WRGD) in favor of the Elsinore Valley Municipal Water District (EVMWD). ERSC will coordinate the preparation and response to any plan check comments with the City’s survey consultant, Dennis Janda, Inc. ERSC will process the WRGD through EVMWD to approval. When approved, ERSC will acquire a wet-signed copy of the WRGD and provide the same to EVMWD for signature and recording.

Deliverables
Modified Grading, Drainage, and Street Plans.
Modified Water and Sewer Plans with Fire Flow Calculations (EVMWD). Additions to EVWMD plans showing tabulated pothole data. Sewer video and addition of sewer laterals to EVMWD plans. Approved Water Rights Grant Deed.

Fiscal Impact
The new corporate facility project (CIP Project Z20006) is included in the Fiscal Year 25/26 – 29/30 Capital Improvement Plan (CIP) budget.

Attachments
ERS Amendment No. 3

Attachment 1 – Amendment No. 3
Exhibit A – ERSC Proposal Dated November 7, 2025
Attachment 2 – Amendment No. 2
Attachment 3 – Amendment No. 1
Attachment 4 – Original Agreement
Administrative Services
3 9
8 8
3 AMENDMENT NO. 3

TO AGREEMENT FOR PROFESSIONAL SERVICES
Engineering Resources of Southern California, Inc.

Design Professional
This Amendment No. 3 to Agreement for Professional Services is made and entered into as of 12/9/2025, by and between the City of Lake Elsinore, a municipal corporation (“City), and Engineering Resources of Southern California, Inc., a corporation (“Consultant”).

RECITALS
A. The City and Consultant have entered into that certain Agreement for Professional Services dated as of 7/12/2022, (the “Original Agreement”). The Original Agreement provided for compensation to Consultant in an amount of sixty-five thousand seven hundred dollars ($65,700.00).

Amendment No. 1 was approved on November 14, 2023, to amend the Scope of Services and increase compensation in an amount not to exceed one hundred nine thousand seven hundred thirty- two dollars ($109,732.00). Amendment No. 2 was approved on May 27, 2025, to amend the Scope of Services and increase compensation in an amount not to exceed one hundred forty-four thousand six hundred forty-two dollars ($144,642.00). The Original Agreement, as amended by Amendment Nos. 1 and 2, is hereinafter referred to as the “Amended Agreement.” B. Except as otherwise defined herein, all capitalized terms used herein shall have the meanings set forth for such terms in the Amended Agreement.

C. The parties now desire to amend the scope of services and increase the payment for such services as set forth in this Amendment No 3.

NOW, THEREFORE, in consideration of the mutual covenants and conditions set forth herein, City and Consultant agree as follows:

1. Section 1, Scope of Services, of the Amended Agreement is hereby amended to add the following:

Consultant shall also perform the services described in Consultant’s Proposal Dated November 7, 2025 (attached to this Amendment No. 3 as Exhibit A-1).

Consultant shall provide such services at the time, place, and in the manner specified in Exhibit A-1, subject to the direction of the City through its staff that it may provide from time to time

2. Section 3, Compensation, of the Amended Agreement is hereby amended and restated to read in its entirety as follows:

Compensation to be paid to Consultant shall be in accordance with the fees set forth in Consultant’s Proposals (Attachment A to the Original Agreement and Exhibit A-1 to Amendment No. 3) which are incorporated herein by reference. In no event shall Consultant's compensation for services under the Original Agreement as amended by Amendments Nos. 1, 2 and 3 exceed one hundred seven five thousand four hundred thirty-two dollars ($175,432) without additional written authorization from the City Council. Notwithstanding any provision of Consultant's Proposals to the contrary, out of pocket expenses shall be reimbursed 3 9
8 8
3 at cost without an inflator or administrative charge. Payment by City under this Agreement shall not be deemed a waiver of defects, even if such defects were known to the City at the time of payment.

3. Except for the changes specifically set forth herein, all other terms and conditions of the Amended Agreement shall remain in full force and effect.

IN WITNESS WHEREOF, the parties have caused this Amendment No. 3 to be executed on the respective dates set forth below.
“CITY” “CONSULTANT”
CITY OF LAKE ELSINORE, a municipal Engineering Resources of Southern California, Inc. corporation

. .

City Manager Matt Burdin, P.E.

Its: Principal
Date: . Date: .

ATTEST:
.

City Clerk
APPROVED AS TO FORM:
.

City Attorney
.

Assistant City Manager
Attachments: Exhibit A-1 – Consultant’s Proposal.

Page | 1
REDLANDS | TEMECULA | PALM DESERT
1861 W. Redlands Blvd., Redlands, CA 92373
T: (909) 890-1255 | F: (909) 890-0995 | erscinc.com
16007009
November 7, 2025
Mr. Gus Papagolos, Project Manager
City of Lake Elsinore
130 S Main Street
Lake Elsinore, CA 92530
CITY OF LAKE ELSINORE CITY HALL - REQUEST FOR ADDITIONAL AUTHORIZATION NO. 7

GRADING, DRAINAGE AND UTILITY PLAN MODIFICATIONS
Dear Gus,
Per recent conversations, we have revised grading, drainage and utility plans for the new City Hall to reflect the relocation of the existing alley access (driveway) and relocate the fire department connection from Main Street to Graham Avenue. Further, we have provided coordination and plan revisions related to potholing activities and upcoming video of the sewer lines in Main Street and Graham Avenue required by the Elsinore Valley Municipal Water District. And, finally, we have coordinated the preparation and provided processing of a Water Rights Grant Deed (WRGD) for parcel (APN 373-151- 024) supporting the alley.

As part of the work, the following services are necessary to modify plans for the City and Elsinore Valley Municipal Water District (EVMWD) and provide supporting calculations and documentation.

1. Revise grading, drainage and street design and associated plans

2. Revise EVMWD plans to reflect new location of the fire department connection.

3. Coordinate potholing activities and add pothole data to plans.

4. Coordinate video survey of existing sewers on Main Street and Graham Avenue.

5. Coordinate preparation and approval of a WRGD for APN 373-151-024.

The Scope of Work outlined below provides further information into the plan modifications/additions result from the proposed work. Required revisions include the design of the following plan modifications:

Scope of Work
Grading, Drainage and Street Design – Modify the current plan set to account for the relocation of the existing access to the alley to the easterly edge of the city hall property. oModification of the street design along the south side of Graham Street including curb and gutter, sidewalk, and a new commercial driveway approach including an accessible path of travel.

Confirm the design of the proposed grind and overlay on Graham Street. oRedesign grading in the alley to provide access to the existing traveled way in the alley including grading and paving south of Graham Avenue and revised grading along the alley at the rear of the new building.
oModify drainage design at the northeast corner of the proposed building and along the alley reconstruction to accommodate the modular wetland and ensure adequate treatment of site runoff.

Page | 21861 W. Redlands Blvd., Redlands, CA 92373
T: (909) 890-1255 | F: (909) 890-0995 | erscinc.com
Fire Department Connection – Design related to the relocation of the fire department connection to Graham Street east of the proposed driveway. Move the fire department connection from its current location on Main Street to the new location Graham Avenue. Provide design of the proposed waterline connection, piping, DCDA, post indicator valve, fire department connection, various check valves, and a new fire hydrant. Route piping from the fire department connection to the point of connection at the building. Prepare fire flow calculations for multiple scenarios based on the new design and previously acquired fire flow data from EVMWD.

Potholing – Coordinate potholing activities with USI, review and interpret pothole reports, and add tabulated pothole data the plans for EVMWD. Potholing will occur on Main Street and Graham Avnenu to identify points of connection on existing water lines, gas line crossings, and portions of the waterline being replaced.

Sewer Video – Provide coordination, video review, and data interpretation for video footage of the existing sewers in Main Street and Graham Avenue necessary to locate three sewer laterals serving the three buildings that previously occupied the city hall site. Add sewer lateral locations to the EVMWD plans and coordinate abandonment thereof with District staff.

Water Rights Grant Deed – Relocating the DCDA/FDC to the Graham Avenue will result in the need for a Water Rights Grant Deed (WRGD) in favor of the Elsinore Valley Municipal Water District (EVMWD).

ERSC will coordinate the preparation and response to any plan check comments with the City’s survey consultant, Dennis Janda, Inc. ERSC will process the WRGD through EVMWD to approval. When approved, ERSC will acquire a wet signed copy of the WRGD and provide the same to EVMWD for signature and recording.

Reimbursable Expenses – ERSC will pay plan check fees for the review of the WRGD on behalf of the city.

Deliverables
Modified Grading, Drainage and Street Plans.
Modified Water and Sewer Plans with Fire Flow Calculations (EVMWD). Additions to EVWMD plans showing tabulated pothole data. Sewer video and addition of sewer laterals to EVMWD plans. Approved Water Rights Grant Deed.

Fee Estimate
Fees and charges associated with the design services outlined above are provided below.

Grading, Drainage, and Street Plans $ 3,655
Fire Department Connection $ 14,175
Potholing $ 4,200
Sewer Video $ 2,520
Water Rights Grant Deed $ 4,630
Reimbursable Expenses $ 4,225
Total $ 33,405
If you have any questions regarding this request, please give me a call at (909) 890-1255, x103.

Page | 41861 W. Redlands Blvd., Redlands, CA 92373
T: (909) 890-1255 | F: (909) 890-0995 | erscinc.com
Respectfully,
Matt Brudin
Signed electronically 11.07.2025.

Matt Brudin, P.E.

Principal

14)
Purchase Order for Core Technology Infrastructure for the New City Hall (CIP Project No. Z20006)
Approve and authorize the City Manager to execute a purchase order with Nth Generation in an amount not to exceed $429,176.99 for Core Technology Infrastructure for the New City Hall (CIP Project No. Z20006).

REPORT TO CITY COUNCIL
To:Honorable Mayor and Members of the City Council
From:Jason Simpson, City Manager
Prepared by:Shannon Buckley, Assistant City Manager
Date:December 9, 2025
Subject:Purchase Order for Core Technology Infrastructure for the New City Hall (CIP Project No. Z20006)
Recommendation
Approve and authorize the City Manager to execute a purchase order with Nth Generation in an amount not to exceed $429,176.99 for Core Technology Infrastructure for the New City Hall (CIP Project No. Z20006).

Background
Much of the City’s information technology that the public and staff rely on for the day-to-day operations of the City is facilitated via “private cloud” infrastructure located at City Hall and managed by the City’s IT staff. The physical hardware that this “private cloud” is currently hosted on has reached end of life and needs to be replaced. The construction and subsequent move to the new City Hall provide a unique opportunity to migrate the City’s software and data to a new, more modern hardware stack.

Furthermore, trends related to cybersecurity and the need to secure the City’s data against emerging threats necessitate that the City assume a more proactive posture when it comes to protecting the City’s information against attack by malicious actors. To this end, and to ensure that the City can continue to provide the level of service that its residents and partners deserve, City staff have proposed that new information technology hardware be procured and installed at the new City Hall.

Discussion
The expected scope of work includes the procurement of new servers and supporting equipment, along with services needed to install the hardware and migrate the City’s data from its current “private cloud” to a new one. The proposed solution consists of the following components:

Core Technology Infrastructure for the New City Hall

1. Servers – Configured in a node-based “hyperconverged” infrastructure that allows for scalability and redundancy that can rapidly respond to changing business and operating conditions.

2. Data Security – Utilizing technology to maintain “air gapped” back-ups of all City data to prevent it from being compromised by a malicious actor.

3. Connectivity – Supporting infrastructure to connect the hardware within the City’s IT facilities.

4. Support Services – Third-party provided services to stand up the environment and migrate the data from the City’s current infrastructure to the new one, along with ongoing technical support and maintenance.

Contractor Selection & Qualifications
Nth Generation is recommended as a single-source provider due to their long-standing role as the City’s primary data-center integrator and their in-depth knowledge of the City’s existing private-cloud environment. They designed and currently support the infrastructure being replaced, giving them an unmatched understanding of system configurations, dependencies, and security requirements.

Their direct familiarity enables a seamless, low-risk migration to the new hyperconverged MDF environment without the extensive discovery or re-engineering another vendor would require. Nth Generation also brings strong qualifications, including decades of data-center experience, certified engineering staff, and proven performance in secure, enterprise-level deployments.

For these reasons—system familiarity, reduced risk, and specialized expertise—Nth Generation is the only practical and responsible choice as a single-source provider for this project.

Timeline & Implementation
The project is expected to be completed within two to four weeks of City approvals and coordinated with the opening of the new City Hall.
Work Schedule: All activities will be performed during standard operating hours, as the environment is being deployed in a new facility and will not impact current City operations. Implementation Phases:
oHardware Delivery & Staging – Servers, storage, and supporting equipment are received, inventoried, and pre-staged.
oRack Installation & Power/Connectivity Setup – Equipment is mounted, cabled, and connected to the new MDF infrastructure.
oSystem Build & Configuration – Hyperconverged environment is deployed, virtual infrastructure configured, and security policies applied. oData Migration & Validation – Workloads are moved from the existing private-cloud environment, followed by integrity checks and performance testing. oCutover & Final Optimization – Systems are brought online, failover processes verified, and final adjustments completed.

Core Technology Infrastructure for the New City Hall

City IT staff will oversee project progress and assume responsibility for ongoing monitoring and maintenance to ensure long-term performance and reliability. The production cutover will be aligned with the operational opening of the new City Hall.

Fiscal Impact
The project is budgeted in the City’s Fiscal Year 25-26 Capital Improvement Plan (CIP# Z20006).

Attachments
Attachment 1 - Nth Generation Sales Quote
Attachment 2 - Nth Generation Terms and Conditions of Sale Administrative Services
New City Hall Nutanix 3 node 5 years with Professional Services Account Manager:
[email protected]
[email protected]
James Gonzalez
Lisa Byers
[email protected]
Inside Sales:

Email Orders To:

Email:

Email:

Phone:

Jim Jensen
City of Lake Elsinore
130 S. Main St
Lake Elsinore, CA 92530
Quoted to: Ship to:

UNIT PRICEQTY DESCRIPTIONPART# EXT PRICE TAX
Project #: 12/12/2025Proposal Expiration:11/12/2025Proposal Date:116014 - 3 New City Hall Nutanix 3 node 5 years
3 LA HPE ProLiant Compute DL360 Gen12
10SFF/20EDSFF Hybrid NC Configure-to-
order Server, Rear: 1 VGA Front: 1 USB 3.2
Gen1 + iLO service port in USB Type C
Rear: 2 USB 3.2 Gen1 Internal: 2 USB 3.2
Gen1 (HPE Share option kit is not
available), 3-year parts, 3-year labor, 3-year
onsite support with next business day
response.

P72176-B21 Y$2,380.00 $7,140.00
3 INT Xeon 6517P CPU for HPEP74507-B21 Y$1,569.00 $4,707.00 36 HPE 64GB (1x64GB) Dual Rank x4 DDR5
-6400 CAS-46-45-45 EC8 Registered Smart
Memory Kit
P69728-B21 Y$803.00 $28,908.00
15 HPE ProLiant Compute DL3XX Gen12 1U
2SFF x4 Tri-Mode U.3 Stacking Backplane
Kit
P72223-B21 Y$106.00 $1,590.00
30 HPE DX 7.68TB NVMe RI SFF BC MV FIO
SSD
P57759-B21 Y$1,291.00 $38,730.00
3 MLX MCX631102 10/25GBE 2P SFP28
ADPTR
P42044-B21 Y$252.00 $756.00
3 MLX MCX631432AS 10/25G 2p SFP28
OCP3 Adp
P42041-B21 Y$244.00 $732.00
3 HPE DL3X0 GEN11 1U HIGH PERF FAN
KIT
P48908-B21 Y$348.00 $1,044.00
6 HPE 800W Flex Slot Platinum Hot Plug Low
Halogen Power Supply Kit, Input
voltage:100- 240V AC, Dimensions: 6.80 x

4.04 x 22.53 cm (2.68 x 1.59 x 8.87 in)
P38995-B21 Y$170.00 $1,020.00

New City Hall Nutanix 3 node 5 years with Professional Services Account Manager:
[email protected]
[email protected]
James Gonzalez
Lisa Byers
[email protected]
Inside Sales:

Email Orders To:

Email:

Email:

Phone:

Jim Jensen
City of Lake Elsinore
130 S. Main St
Lake Elsinore, CA 92530
Quoted to: Ship to:

UNIT PRICEQTY DESCRIPTIONPART# EXT PRICE TAX
Project #: 12/12/2025Proposal Expiration:11/12/2025Proposal Date:116014 - 3 6 HPE C13 C14 250V 10Amp 2m FIO Power
Cord
P78145-B21 Y$8.00 $48.00
6 HPE DL360 G12 2SFF P2 B1/P1 B1/2 Cbl
Kit
P72211-B21 Y$40.00 $240.00
3 HPE DL360 G12 2SFF P2 B1/P1 B4 Cbl KitP72213-B21 Y$38.00 $114.00 3 HPE PROLIANT COMPUTE DL360 GEN12
2SFF STACKING X4 CPU2 BOX2/CPU1
BOX3/5 SIGNAL DA CABLE KIT
P72601-B21 Y$43.00 $129.00
3 HPE DL360 Gen12 2SFF x4 P1 B4/5 Cbl KitP72605-B21 Y$46.00 $138.00 3 HPE Bezel Lock Kit875519-B21 Y$57.00 $171.00
3 HPE DL3XX Gen11 1U Bezel KitP50450-B21 Y$58.00 $174.00 3 HPE P07818-B21 - DDR4 DIMM Blank Kit -
Weight1.59 kg (3.501 lb) - Dimensions

3.17cm x 27.94cm x 17.78 cm (1.25inch x
11inch x 7 inch)
P07818-B21 Y$31.00 $93.00
3 HPE CE Mark Removal FIO Enable KitP35876-B21 Y$1.00 $3.00 3 HPE GEN 11 EI RAIL KIT 5P52343-B21 Y$101.00 $303.00
3 HPE ProLiant Compute DL360 Gen12
10SFF/20EDSFF Hybrid Backplane Power
Cable Kit
P72209-B21 Y$35.00 $105.00
3 HPE DL360 G12 NS204i-u Int Enable KitP72595-B21 Y$31.00 $93.00 3 HPE Localization FIO KitP73325-B21 Y$4.00 $12.00
3 HPE DL3XX Gen12 High Perf Heat Sink KitP74787-B21 Y$151.00 $453.00 3 HPE NS204iu v2 480GB NVMe Hot Plug
Boot Optimized Storage Device- P78279-
P78279-B21 Y$642.00 $1,926.00

New City Hall Nutanix 3 node 5 years with Professional Services Account Manager:
[email protected]
[email protected]
James Gonzalez
Lisa Byers
[email protected]
Inside Sales:

Email Orders To:

Email:

Email:

Phone:

Jim Jensen
City of Lake Elsinore
130 S. Main St
Lake Elsinore, CA 92530
Quoted to: Ship to:

UNIT PRICEQTY DESCRIPTIONPART# EXT PRICE TAX
Project #: 12/12/2025Proposal Expiration:11/12/2025Proposal Date:116014 - 3 B21 - RAID levelsPreconfigured hardware
RAID 1 - Form factorPCIe half-height, half-
length (HHHL) card
3 HPE 25C Sys Inlet Op Temp Config TrkP79558-B21 Y$1.00 $3.00 3 HPE DAC ACC Op Config TrkP79633-B21 Y$1.00 $3.00
3 HPE ProLiant Compute DL360 Gen12
10SFF NVMe FIO Configuration for Nutanix
P80634-B21 Y$562.00 $1,686.00
$90,321.00
Software
3 HPE iLO Advanced 1-server License with
3yr Support on iLO Licensed Features
BD505A Y$2.00 $6.00
3 Nutanix AOS LTS FIO SW for HPER6T15A
$6.00
Support
3 HPE 5Y TC Bas DL360 Gen12 HW NTX
SVC
H53QHE N$4,378.00 $13,134.00
$13,134.00
Subscription
48 SUBSCRIPTION, NUTANIX CLOUDSW-NCI-PRO-PR N$1,916.00 $91,968.00

New City Hall Nutanix 3 node 5 years with Professional Services Account Manager:
[email protected]
[email protected]
James Gonzalez
Lisa Byers
[email protected]
Inside Sales:

Email Orders To:

Email:

Email:

Phone:

Jim Jensen
City of Lake Elsinore
130 S. Main St
Lake Elsinore, CA 92530
Quoted to: Ship to:

UNIT PRICEQTY DESCRIPTIONPART# EXT PRICE TAX
Project #: 12/12/2025Proposal Expiration:11/12/2025Proposal Date:116014 - 3

INFRASTRUCTURE (NCI) PRO

SOFTWARE LICENSE & PRODUCTION
SOFTWARE SUPPORT SERVICE FOR 1
CPU CORE Duration 60
60 NUTANIX TERM IN MONTHS Duration 60TERM-MONTHS
$91,968.00
Below are some relevant policies pulled from the end user license agreement that will affect your subscription renewal; however, we strongly encourage you to read through the end user license agreement and/or terms and conditions which are provided in the link below for a complete view of all policies. Auto Renewal Policy: subscription for the Software, Support Services and Cloud Services will automatically renew for a term equal to the previous Subscription Term, or such other term agreed by the parties in writing.

You may cancel the automatic renewal by providing Us with ninety (90) days written notice prior to the end of Your Subscription Term. Order Policy: All orders are non-cancelable and non-refundable. End User Agreement: All orders are subject to the end user agreement found here:
https://www.nutanix.com/legal/eula Lapse in Coverage Policy: Unless You have provided notice of cancellation, You agree to raise a valid purchase order prior to the commencement of the renewal Subscription Term and We or Our Partner will be entitled to invoice You for the applicable fees. If You fail to renew Your subscription for the Software, Support Services and Cloud Services in a timely manner, backdated fees will be due for the continued use of the same, calculated from the end of preceding Subscription Term in addition to any fees due for future periods.

In the event that You wish to reinstate Support Services for Life of Device Licenses after a lapse period following expiration or termination of the original Support Services term, the applicable support fee for reinstated Support Services will be calculated as follows: (i) the pro rata Support Services fees that would have been payable at Nutanix’s then applicable annual rate of Support Services for the lapsed Support Services period; and (ii) the Support Services fees for the future period commencing upon the reinstatement of Support Services.

NUTANIX POLICY
2x 8325H Switch for Nutanix SAN
1 HPE Storage DCN 18p SFP28 25GbE 4p
QSFP28 100GbE Power to Connector Half
Width Sw H-series SN8325H
S4Q65A Y$18,463.00 $18,463.00

New City Hall Nutanix 3 node 5 years with Professional Services Account Manager:
[email protected]
[email protected]
James Gonzalez
Lisa Byers
[email protected]
Inside Sales:

Email Orders To:

Email:

Email:

Phone:

Jim Jensen
City of Lake Elsinore
130 S. Main St
Lake Elsinore, CA 92530
Quoted to: Ship to:

UNIT PRICEQTY DESCRIPTIONPART# EXT PRICE TAX
Project #: 12/12/2025Proposal Expiration:11/12/2025Proposal Date:116014 - 3 1 HPE 100Gb QSFP28 to QSFP28 3m Direct
Attach Copper Cable
845406-B21 Y$146.00 $146.00
1 HPE Storage DCN 18p SFP28 25GbE 4p
QSFP28 100GbE Power to Connector Half
Width Sw H-series SN8325H
S4Q65A Y$18,463.00 $18,463.00
2 HPE 25Gb SFP28 SR 30m TransceiverR0R42A Y$390.00 $780.00 14 HPE 25Gb SFP28 to SFP28 3m Direct
Attach Copper Cable
844477-B21 Y$75.00 $1,050.00
1 HPE 100Gb QSFP28 to QSFP28 3m Direct
Attach Copper Cable
845406-B21 Y$146.00 $146.00
2 HPE Premier Flex LC/LC Multi-mode OM4 2
Fiber 1m Cable
QK732A Y$70.00 $140.00
1 HPE Storage DCN H-series USB-A to RJ45

2.5m PC-to-Switch Cable
S4Q70A Y$173.00 $173.00
$39,361.00
Support
1 HPE 5Y Tech Care Essential ServiceHU4A6A5
2 HPE ANW SN8325H SupportHU4A6A50C1J N$11,935.00 $23,870.00 1 HPE Storage DCN H-series SN8325H 4-
post Rack Mount Kit
S4Q69A Y$1,046.00 $1,046.00
1 HPE Aruba Networking 1U Universal 4-post
Rack Mount Kit
R9F57A Y$221.00 $221.00

New City Hall Nutanix 3 node 5 years with Professional Services Account Manager:
[email protected]
[email protected]
James Gonzalez
Lisa Byers
[email protected]
Inside Sales:

Email Orders To:

Email:

Email:

Phone:

Jim Jensen
City of Lake Elsinore
130 S. Main St
Lake Elsinore, CA 92530
Quoted to: Ship to:

UNIT PRICEQTY DESCRIPTIONPART# EXT PRICE TAX
Project #: 12/12/2025Proposal Expiration:11/12/2025Proposal Date:116014 - 3 $25,137.00
New City Hall Exagrid Backup w 25GB
SFPs 5YR Support
1 Disk Capacity: Raw: 162 TB, Useable: 108
TB. 54 TB Full Backup. Includes 1 10
Gigabit Add on Card Disks are encrypted
EX54-SEC Y$70,542.00 $70,542.00
1 25 Gigabit Ethernet Dual Port SFP28 Optical
Option for all ExaGrid models. Includes two
qualified SFP28 short-range Modules.

EX-25GBE-OPTICAL
$70,542.00
Support
1 Five year 7 x 24 Customer Support and
product Maintenance
EX-5YR-MS-P N$48,517.00 $48,517.00
$48,517.00
Services
100 System Engineer Hourly per attached SOWN-SERVICES-STD N$300.00 $30,000.00 16 Project Manager HourlyN-PM-STD N$160.00 $2,560.00

New City Hall Nutanix 3 node 5 years with Professional Services Account Manager:
[email protected]
[email protected]
James Gonzalez
Lisa Byers
[email protected]
Inside Sales:

Email Orders To:

Email:

Email:

Phone:

Jim Jensen
City of Lake Elsinore
130 S. Main St
Lake Elsinore, CA 92530
Quoted to: Ship to:

UNIT PRICEQTY DESCRIPTIONPART# EXT PRICE TAX
Project #: 12/12/2025Proposal Expiration:11/12/2025Proposal Date:116014 - 3 $32,560.00
Quote Subtotal
$0.00Est. Shipping *

TOTAL DUE
Net 30 days
Tax Rate
Payment Terms
$429,176.99

8.750%
$411,546.00
$17,630.99
* Thank you for allowing Nth Generation to provide you with the above quotation. Charges for Shipping will be additional. If you require an estimated shipping cost prior to issuing a purchase order, please contact your sales or inside sales rep. This quotation is the sole property of Nth Generation Computing, Inc. and is intended as an offer to sell goods and services to the client named in this quote. This document may not be reproduced, or provided to parties outside this organization, without written consent of Nth Generation Computing, Inc.

Remit to: Same Address
DUNS #: 78-1123211
Federal ID #: 33-0451285
CAGE Code: 0YVL1
FOB: Destination
Ship Via: Fedex Ground/UPS / Your designated carrier
Terms: Net 30 (On Approved Credit)

Nth Confidential nth appendix - tcs - v4.1 - master 06 04 20 Dated: 06/01/20 Page 1 of 5

Nth GENERATION COMPUTING, INC.

STANDARD TERMS AND CONDITIONS OF SALE

THE TERMS AND CONDITIONS SET FORTH BELOW CONSTITUTE THE ENTIRE AGREEMENT BETWEEN NTH GENERATION COMPUTING, INC. (“Nth”or “Vendor”) AND CLIENT WITH RESPECT TO THE PURCHASE OF THIRD PARTY PRODUCTS OR SOFTWARE (“PRODUCTS”), THIRD-PARTY MAINTENANCE SERVICES (“MAINTENANCE”) , AND/OR NTH INSTALLATION AND/OR PACKAGED AND/OR NTH CONSULTING SERVICES (“SERVICES”) IDENTIFIED IN THE ATTACHED Nth QUOTE UNLESS A SIGNED WRITTEN AG REEMENT FOR THE PURCHASE OF SUCH PRODUCTS, MAINTENANCE AND/OR SERVICES IS IN EFFECT BETWEEN CLIENT AND NTH. IN THE EVENT OF A

CONFLICT BETWEEN SUCH AN AGREEMENT AND THESE STANDARD TERMS AND CONDITIONS OF SALE, SUCH AGREEMENT SHALL CONTROL.

1. DEFINITIONS FOR Nth TERMS & CONDITIONS
“Change Order” means the document executed by the Parties identifying a modification to a SOW on a Project. “Client” or “Customer” means those persons or entities that have entered into this Agreement with Nth whereby Nth will provide onsite or remote technical services as described herein.
“Confidential Information” means any confidential or proprietary information of a Party, whether of a technical, business or other nature (including, but not necessarily limited to, trade secrets, knowhow and information relating to the technology, Clients, business plans, promotional and marketing activities, finances and other business affairs of such Party). “Effective Date” means the date on which the SOW is signed and dated by a duly authorized representative of both Parties. “Project” is the term used for general reference, to describe a SOW being performed by Vendor for the Client, either remotely or at the site of the Client.
“Service(s)” shall mean the providing of qualified, and as required, certified engineering and security consultant skills of Nth to conduct on-site or remote technical services for a Project.
“SOW” shall mean any Statement of Work outlining the details for each individual Service(s) with respect to a Project. “Term” means the period described in the paragraph “Term and Termination” of the SOW.

2. CUSTOMER ORDER. Client may accept the attached Nth offer to sell (“Quote”) by issuing a purchase order in response to such Quote or signing such Quote (each accepted Quote constitutes a Customer Order). Client shall be deemed to unconditionally accept these terms and conditions by issuing such purchase order or signing such Quote. If the Quote includes Services, the Statement of Work must also be signed. No terms and conditions specified or preprinted on any Client purchase order or other form of acceptance shall add to or modify these terms and conditions.

3. PRICES AND TAXES. All Quotes are valid for thirty (30) days unless otherwise specified. All invoice prices are those specified in the Quote accepted by Client. Prices do not include applicable taxes, impositions and other charges, including: sales, use, excise, value added and similar taxes or charges imposed by any governmental authority and import duties unless expressly identified and itemized. Prices do not include freight, handling or insurance unless expressly identified and itemized. Products, Maintenance or Services purchased for delivery outside of the United States may be subject to required and non-recoverable Value Added Tax or similar indirect sales related taxes (collectively, “VAT”), and Client hereby agrees to reimburse Nth for the total amount of such VAT incurred, which will be invoiced as an international logistics fee.

4. TRADE-INS. If a Customer Order includes a trade-in allowance, then Client shall comply with the return requirements of the manufacturer’s trade-in agreement. Any such trade-in goods must be received by the manufacturer on or before the date specified in the trade-in agreement or, if no such agreement exists, by the sooner of the date specified in a Quote or sixty (60) days from delivery of the replacement goods. If Client fails to return trade-in goods as required, the trade-in allowance shall be forfeited and Client will pay Nth for the trade in allowance amount.

5. PAYMENT AND INVOICING TERMS. Payment in full of all invoices is due thirty (30) days from date of invoice. Client agrees to pay the entire net amount of each invoice without offset or deduction. Payment terms are subject to Client maintaining a credit status acceptable to Nth. If Nth believes in good faith that Client’s ability to make payments may be impaired or if Client fails to pay any invoice when due, Nth may suspend delivery of any order or any remaining balance thereof until such payment is made or cancel any order or any remaining balance thereof, and Client shall remain liable to pay for any Products already shipped and services performed. Invoices for Products are issued upon shipment of Products from the manufacturer. Invoices for Services are invoiced prior to the scheduled start of any Service for Nth packaged services and third-party services, or at the time of equipment shipment if Services will be performed in connection with a Product order, or at milestones specified in the Quote for Nth Time and Materials type of services. Nth will assess a late payment fee of one and one half percent (1.5%) of the outstanding balance per month for each month, or partial month, on any undisputed invoice that remains unpaid beyond its due date. Client will pay any and all collection costs and reasonable attorney fees incurred by Nth to effect settlement of any undisputed past due invoice. However, should collection efforts and/or litigation be necessary to collect on any outstanding accounts that cannot be settled, all attorney fees and costs of collection expended by the prevailing party, shall be borne by the losing party. Payment by Visa, MasterCard and American Express are accepted only on orders under $5,000. Invoices paid by credit card are subject to a 2.9% convenience fee surcharge. Products shipped to an Nth facility for Services will be invoiced upon shipment from the Nth facility. Upon written request by Client prior to acceptance of Quote, Nth will cooperate with Client’s third party leasing company to facilitate payment of the Customer Order by the leasing company. Notwithstanding the foregoing, Client remains primarily responsible and liable for complete and timely payment of all invoices issued hereunder. Any Products delivered to an Nth facility for Services will be shipped to Client no later than ten (10) days after completion of such Service and Client shall accept delivery of all such Products. If Client requests a delay in the delivery date for Products, and Products are ready for shipment, Nth reserves the right to invoice Client for such products on the date they are ready for shipment and Client agrees to pay such invoices within thirty (30) days.

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6. SHIPPING AND DELIVERY. All shipments by Nth are F.O.B. shipping point, subject to Nth right of stoppage in transit, title and risk of loss to Products shall pass to Client upon delivery to the carrier or when loaded on an Nth vehicle for delivery to Client. Client is responsible for all freight, handling and insurance charges which shall be in addition to the price of the Products in the Quote. The carrier is not an agent of Nth and in no event shall Nth have any liability for loss or damage during shipment. Nth shall endeavor to initiate shipment and schedule delivery as close as possible to Client’s requested delivery dates and Client acknowledges that any delivery dates provided by Nth are estimates only. Nth shall not be liable for any delay in delivery or for failure to give notice of such delay. Client shall accept and pay for partial shipments of Products in accordance with the payment provisions in Section 4.

7. CANCELLATION OF ORDERS. No Customer Order for Products or Maintenance may be cancelled or modified without Nth’s written consent. If Nth consents to a Client cancellation or modification request, Client agrees to pay all actual resulting costs, expenses and fees incurred by Nth from the manufacturer, the supplier and/or its shippers. Customer Orders for Services may be cancelled with ten (10) business days prior written notice.

Client will pay for all Services delivered through the date of cancellation.

8. RETURN POLICY. All sales are final other than for Products that do not meet manufacturer specifications or that are not included in the Customer Order. Client must immediately notify Nth, in writing, of any damaged or defective Products or discrepancy in shipment quantity or type and request a Return Material Authorization (“RMA”) consistent with the manufacturer’s return policies. All RMAs issued are valid for the period of time allowed by the manufacturer after which time the RMA will be cancelled. No return of Products will be accepted without an RMA. A non- refundable credit for properly returned items, less any restocking or other related charges imposed by the applicable third party manufacturer or supplier, will be entered against Client’s account for the returned items. Products returned due to a shipping error or in accordance with warranty terms are not subject to restocking fees and any resulting credit is refundable to Client, at Client’s option. Client must ship returned Products prepaid to the specified warehouse location. Nth will reimburse Client’s shipping costs for Products returned due to a shipping error.

Returned Products must be in the original shipping cartons, undamaged, unused and unaltered. Opened software is not returnable. Nth shall have the right to reject return of items and/or impose additional charges, which Client agrees to pay, for any equipment received without an RMA and/or in a condition other than described. Returns for used or refurbished equipment are not accepted.

9. MAINTENANCE. Any Maintenance resold by Nth hereunder is subject to the terms and conditions for such services identified by the manufacturer or third party provider. Nth is not a party to any such manufacturer or third-party terms and conditions.

10. SOFTWARE. Any software delivered under this Agreement is subject to the license terms provided with it. All software license terms are established directly between the Client and the owner or licensor of the software. Nth is not a party to any such software license and makes no warranties or representations related to the ownership, use or operation of the software.

11. SERVICES. Client may purchase Nth Services identified in a Quote and any associated Statement of Work (“SOW”). The SOW may contain terms and conditions, business hours, service pre-requisites and Client responsibilities that apply in addition to these, standard, Terms and Conditions.

Security arrangements and access for Nth at the Client’s location is the responsibility of Client. Service prices for installations assume Client provides a complete list of the installation sites at least two (2) weeks prior to the Services commencement. Client will notify Nth in writing of cancellations of scheduled site visits no less than five (5) business days prior to such scheduled site visit. Client changes to the number of devices/office locations to be implemented may result in changes to prices and delivery requirements. Other than Client Content, Nth retains ownership rights to all intellectual property, including but not limited to all methodologies, tools, techniques or software, used or developed by Nth during and as a result of Services provided hereunder. Client Content means the specific data that results from the delivery of the Service and that is unique to the Client, including Client’s systems design and configuration specifications and related reports.

11.1. Relationship of Parties.

11.1.1. Relationship. The SOW shall control the relationship between Nth and Client but only to the extent so far as Nth is providing Services for a Project pursuant to the SOW as more fully defined therein. To the extent of a conflict between the SOW and any other agreement between Nth and Client, the SOW is limited to the application as set forth above and shall control in the applicable context. In connection with other agreements between the Parties, the other agreements shall control in their applicable context.

11.1.2. Nth Subcontractors. Client desires Nth to perform the Services set forth in the SOW. In its sole discretion, Nth may use subcontractors to perform the Services.

11.1.3. Agreement Modification. The only means by which the Parties may modify the SOW is by mutual agreement as evidenced by a written Change Order or other mutually acceptable change form that has been executed by both Parties and attached to and made part of the SOW. The written Change Order shall detail the impact to deliverables, cost and schedule.

Client shall not be obligated to pay for any modification to the Services and Nth shall not be obligated to perform any modification to the Services in the absence of a duly executed Change Order signed by the Parties hereto.

11.1.4. Independent Contractor. Neither Nth nor its employees is an employee of Client for any purpose whatsoever, but is an independent contractor. Nth and its employees will have sole control over the manner and means of performing Services under the SOW. Client will not have the right to require that Nth or its employees to do anything that would jeopardize the relationship of independent contractor between Client and Nth or its employees. Nth and its employees do not and will not hold themselves out as having any right, power or authority to create any contract or obligation, either express or implied, on behalf of, or binding upon Client unless Client will consent with prior written authorization. Nth will have the right to appoint and will be solely responsible for Nth employees and subcontractors. All Nth employees, agents, and representatives will work at Nth’s expense and supervision, and will not have any claim against Client for compensation or reimbursement.

11.2. Waiver, Amendment, Modification. No waiver, amendment or modification of the SOW will be effective unless in writing and signed by an authorized representative of both parties. No waiver by any Party of any default in performance by the other Party under the SOW or of any breach or series of breaches by the other Party of any of the terms or conditions of the SOW will constitute a waiver of any subsequent default in performance under the SOW or any subsequent breach of any terms or conditions of that SOW. Performance

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of any obligation required of a party under the SOW may be waived only by a written waiver signed by a duly authorized officer of both parties, that waiver will be effective only with respect to the specific obligation described in that waiver.

11.3. Cancellation Fee. Should Client terminate the SOW without cause with notice of less than 30 days prior to the scheduled beginning of the project, Nth reserves the right to charge and Client agrees to pay a cancellation fee of 50% of the total quoted fees set forth in the SOW plus all incurred non-refundable travel expenses. If cancelled less than five (5) business days prior to the scheduled beginning of the project, a cancellation charge of 100% of the total fees plus all incurred non-refundable travel expenses will be invoiced. SHOULD CLIENT POSTPONE SCHEDULED SERVICES WITH LESS NOTICE THAN TWO (2) BUSINESS DAYS, IN WRITING, CLIENT AGREES TO PAY THE MINIMUM RATE (FOUR HOURS ON-SITE, ONE HOUR REMOTE) TO COMPENSATE NTH FOR THE LOSS OF BILLABLE ACTIVITY. THIS MINIMUM CHARGE IS OVER AND ABOVE THE AGREED ESTIMATE FOR THE SERVICE DELIVERABLES.

11.4. Scheduling and Scope. Nth will schedule the onsite delivery of the service at a time mutually agreed upon with the Client, but which shall be during Nth standard business hours and excluding Nth holidays unless otherwise agreed, in writing in advance, by Nth. Any services provided outside the scope of this document or outside of Nth standard business hours may be subject to additional charges.

Nth standard business hours are 08:00 to 17:00 local. NTH holidays are under U.S. Code 5.III.E.61.1§6103

11.4.1. Hours. For Time and Materials engagements, Nth will charge actual hours worked on-site for each day. However, each day will be subject to a minimum of four (4) hours plus travel time if less than eight (8) hours. For Remote work, Nth will charge a minimum of one hour. Where Nth is on “standby” for any service deliverable or client support, Nth will charge 50% of the agreed, hourly rate for the standby period in addition to actual time whilst engaged with the Client. Actual time will be a minimum of one hour, and whole hours rounded up.

11.4.2. Change Control. If during the planning and/or provisioning of Services, it is found that the Scope of Work does not align with the Client’s expectation of service or if the Client’s environment differs from that understood by Nth, Nth reserves the right to either withdraw from providing Services or adjust price and scope of Services accordingly. Changes required to the Services, including tasks, deliverables, fees, durations, and assumptions, shall be addressed via the change control process.

When either Client or Nth determines a change is required, Nth shall complete a change order (“Change Order”) and provide to the Client designated contact for review and signature of acceptance. Client shall not be obligated to pay for any modification to the Services and Nth shall not be obligated to perform any modification to the Services in the absence of a duly executed Change Order signed by the Parties hereto.

11.4.3. Travel Costs. Travel within Southern California which includes Los Angeles, San Diego, Orange, Riverside, Ventura, Kern, and San Bernardino counties is included in Nth’s pricing. All work outside of the Southern California region shall be subject to travel fees at pass-through cost. The fees include, but are not limited to airfare, mileage, hotel, and meals. If the service is a time and materials engagement, the Client may be billed for travel time at the applicable rate.

11.5. Intellectual Property. Client is the owner (or licensee as the case may be) of certain designs, drawings, software, or other intellectual property furnished to Nth in connection with the work performed under the SOW. Client grants to Nth a license under any copyright, patent, trade secret or other proprietary right as may be necessary for performance of the Services hereunder based in whole or part on such intellectual property. Client represents and warrants that intellectual property furnished by Client does not infringe the proprietary rights of any third party. Client agrees to indemnify Nth and hold Nth harmless from any cost, loss, or damage (including reasonable attorneys’ fees and court costs) that result from a breach or alleged breach of any of these representations and warranties or other obligations contained in the SOW.

Nth is the owner of designs, drawings, derivative works, software, or other intellectual property that will be used in connection with the Services performed under the SOW. Nth grants to Client a license to use such intellectual property to the extent necessary for Client to use Deliverables provided by Nth hereunder. Nth represents and warrants that such intellectual property does not infringe the proprietary rights of any third party. Nth agrees to indemnify Client and hold Client harmless from any cost, loss, or damage (including reasonable attorneys’ fees and court costs) that results from a breach or alleged breach of any of these representations and warranties or other obligations contained in the SOW.

11.6. Term and Termination

11.6.1. Term. The term of the SOW begins on the Effective Date and shall continue in full force and effect thereafter unless and until terminated in accordance with the provisions of this section.

11.6.2. Termination without Cause. Either Party may terminate the SOW, without cause, at any time upon thirty (30) days prior written notice to the other Party. Upon receipt of such notice from Client, Nth will cease the performance of Services. Should Client terminate the SOW without cause, any such termination will be subject to the cancellation charges, if any, set forth above and in the SOW. Should no cancellation charges apply, Client shall pay Nth for the Services provided prior to the date of termination and any non-refundable travel expenses.

11.6.3. Termination for Cause. Either Party may terminate the SOW for a material breach by the other party of the terms herein if such breach is not cured within thirty (30) days after the breaching Party’s receipt of written notice thereof.

11.6.4. Effect of Termination. Any Termination will be without prejudice to any other right or remedy afforded to the Parties and will not affect any rights or obligations, which have occurred prior to such termination.

11.7. Employee Solicitation. The Parties agree that they will not directly solicit for employment nor hire each other’s employees nor Nth subcontractors during the term of the SOW where such employee contact was initiated pursuant to the SOW for a period of one year after the completion of the Services. The foregoing shall specifically exclude any general solicitations for employment by either Party through indirect means, such as solicitations through on-line job posting, print media, or other forms of publication.

11.8. Confidential Information. In the performance of, or otherwise in connection with the SOW, either Party (“Disclosing Party”) may disclose to the other party (“Receiving Party”) certain Confidential Information as confidential and proprietary of the Disclosing Party and will use such Confidential Information solely for the purposes for which it is provided by the Disclosing Party. Without limiting the

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generality of the foregoing, the Receiving Party will take reasonable precautions to prevent any unauthorized use or disclosure of such Confidential Information. The obligations under this Section will not apply to any:
• Use or disclosure of any information necessary to the exercise of the Disclosing Party’s rights under the SOW. • Information that is now or later becomes part of the public domain through no fault of the Receiving Party. • Information that is obtained by the Receiving Party from a Third Party (other than in connection with the SOW) who was not under any obligation of secrecy or confidentiality with respect to such information. • Information that is independently developed by the Receiving Party (e.g., without reference to any Confidential Information). • Disclosure required by applicable law (e.g. pursuant to applicable securities laws or legal process), provided that the Receiving party will use commercially reasonable efforts to give advance notice to and cooperate with the Disclosing Party in connection with any such disclosure.
• Disclosure with the written consent of the Disclosing Party.

Both parties agree that the provisions of this section shall survive the termination, for any reason, of the SOW.

12. FORCE MAJEURE. Nth shall not be liable for failure to fulfill its obligations herein or for delays in delivery due to causes beyond its reasonable control, including, but not limited to, acts of God, natural disasters, acts or omissions of other parties, acts or omissions of civil or military authority, Governmental priorities, changes in law, material shortages, fire, strikes, floods, epidemics, quarantine restrictions, riots, war, acts of terrorism, delays in transportation or inability to obtain labor or materials through its regular sources. Nth’s time for performance of any such obligations shall be extended for the time period of such delay or Nth may, at its option, cancel any order or remaining part thereof without liability by giving notice of such cancellation to Client.

13. WARRANTY. All Products and Maintenance purchased hereunder are subject to the warranties provided by the Manufacturer. Nth hereby transfers to Client such transferable warranties Nth receives from the applicable manufacturer as legally permissible. Nth warrants that its Services will be performed by qualified individuals in a professional and workmanlike manner conforming to generally accepted industry standards and practices and to the requirements specified in the SOW. Nth’s personnel shall be competent and qualified to perform the tasks to which they are assigned. Services are supported against defects in workmanship for thirty (30) days after delivery. Nth MAKES NO WARRANTY AS TO THE RESULTS OF ANY SERVICES PROVIDED. EXCEPT AS SET FORTH IN THIS PARAGRAPH, ALL PRODUCTS AND MAINTENANCE ARE PROVIDED “AS IS” AND Nth

DISCLAIMS ANY AND ALL WARRANTIES AND REMEDIES, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, SUITABILITY AND FITNESS FOR A PARTICULAR PURPOSE OR USE, TITLE AND NON-INFRINGEMENT.

14. LIMITATION OF LIABILITY AND INDEMNIFICATION. IN NO EVENT SHALL NTH BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, OR SPECIAL

DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST REVENUES, LOST PROFITS, LOSS OF USE, OR LOST DATA, OR ANY OTHER INDIRECT DAMAGES, INCLUDING ANY DAMAGES OR SUMS PAID BY CLIENT TO THIRD PARTIES, EVEN IF Nth HAS BEEN INFORMED OF THE POSSIBILITY THEREOF. THE

FOREGOING LIMITATION OF LIABILITY SHALL APPLY WHETHER ANY CLAIM IS BASED UPON PRINCIPLES OF CONTRACT, WARRANTY, STRICT

LIABILITY, NEGLIGENCE OR OTHER TORT, BREACH OF ANY STATUTORY DUTY, PRINCIPLES OF INDEMNITY OR CONTRIBUTION, THE FAILURE OF ANY LIMITED OR EXCLUSIVE REMEDY TO ACHIEVE ITS ESSENTAIL PURPOSE, OR OTHERWISE. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, CLIENT AGREES TO INDEMNIFY, HOLD HARMLESS AND DEFEND Nth AND IT SUBCONSULTANTS, OFFICERS, AGENTS, CONTRACTORS, AND

EMPLOYEES, FROM AND AGAINST ANY AND ALL CLAIMS, DEMANDS, DAMAGES, LOSSES, COSTS, EXPENSES, OR OTHER LIABILITIES OF ANY KIND, ARISING OUT OF OR RELATING TO THE PERFORMANCE OF SERVICES IN CONNECTION WITH THE SOW OR THE DELIVERABLES. THE DUTY TO DEFEND IS A SEPARATE OBLIGATION AND SHALL BE IMMEDIATE UPON TENDER OF DEFENSE TO CLIENT. THE DUTY TO DEFEND IS NOT CONTINGENT ON THE OUTCOME OF ANY LITIGTION OR ARBITRATION OR OTHER PROCEEDING. THE ONLY EXCEPTION TO THE DUTIES TO INDEMNIFY AND HOLD

HARMLESS SHALL BE CLAIMS WHICH ARE FOUND BY A COURT, FACT-FINDER, OR OTHER TRIBUNAL OF APPROPRIATE JURISDICTION TO BE CAUSED BY THE GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF Nth. THE INDEMNITIES HEREIN SHALL SURVIVE ANY TERMINATION OF THIS AGREEMENT. NO ACTION, SUIT OR OTHER PROCEEDING, REGARDLESS OF FORM, ARISING OUT OF OR RELATED TO THE TRANSACTIONS COVERED BY A CUSTOMER ORDER OR BY A SOW MAY BE BROUGHT BY EITHER PARTY AGAINST THE OTHER PARTY MORE THAN TWELVE (12) MONTHS AFTER THE CAUSE OF ACTION AROSE. NTH’S SOLE LIABILITY FOR ANY DELIVERABLE FAILURE SHALL BE TO REPAIR OR REPLACE, AT NTH’S DISCRETION, ANY NONCONFORMING DELIVERABLES, RE-PERFORM THE SERVICES, OR REFUND THE FEES PAID.

15. GENERAL. As used herein, terms appearing in the singular shall include the plural and terms appearing in the plural shall include the singular.

No rights, duties, agreements or obligations hereunder may be assigned or transferred by either party, by operation of law, merger or otherwise, without the prior written consent of the other. Any attempted or purported assignment shall be void.

Notwithstanding the foregoing, Nth’s obligations under these Terms and Conditions may be performed by divisions, subsidiaries or affiliates of Nth.

The obligations, rights, terms and conditions hereof shall be binding on the parties hereto and their respective successors and assigns. If any provision of this Agreement, in whole or in part, should be found to be void, unenforceable, or illegal, the remaining provisions shall remain valid and fully enforceable. These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of California excluding any law or principle which would apply the law of any other jurisdiction. Any rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in the interpretation of this Agreement.

16. GOVERNING LAW. All transactions made under this Agreement will be governed by the applicable state laws for the state of California, excluding any conflict of laws rules that may apply in such state. Any dispute regarding this Agreement shall be subject to the exclusive jurisdiction of the applicable court in the County of San Diego. The United Nations Convention on Contracts for the International Sale of Goods shall not apply.

Each Party agrees to comply with the U.S. Foreign Corrupt Practices Act (15 U.S.C. 78(dd)(i) et seq., as the same may be amended) and with the anti-bribery laws and regulations of any other country having jurisdiction over the transactions contemplated hereby. Client acknowledges and agrees that it has the ability to access each URL referenced in any Quote. Client waives any claims or defenses to the validity or enforceability of this Agreement arising from any electronic submission of it to Client.

17. DISPUTE RESOLUTION. Both parties will attempt to settle any claim or controversy arising out of this Agreement through consultation and negotiation in good faith and a spirit of mutual cooperation. If those attempts fail, then the dispute will be mediated by a mutually acceptable

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mediator to be chosen by both parties within forty-five (45) days after written notice by one of the parties demanding mediation, such notice shall be by overnight mail delivery service which includes evidence of receipt as part of its normal practices, or transmitted by facsimile if confirmed by such mailing, to the addresses indicated in this Agreement (or to a new address about which the other party has been properly notified). Neither Party may unreasonably withhold its consent to the selection of a mediator and both parties will share the costs of the mediation equally. By mutual agreement, however, both parties may postpone mediation until each has completed some specified but limited discovery about the dispute. The parties may also agree to replace mediation with some other form of non-binding alternative dispute resolution (ADR), such as neutral fact-finding or a mini-trial. Any dispute which the parties cannot resolve between them through negotiation, mediation, or some other form of non-binding ADR within six (6) months from the date of the initial demand for it by one of them may then bring a lawsuit at a court in the State of California. The use of any ADR procedures will not be construed under doctrines of laches, waiver or estoppel to affect adversely the rights of either party. Further, nothing in this section will prevent either party from resorting to judicial proceedings if (1) good faith efforts to resolve the dispute under these procedures have been unsuccessful, or (2) interim relief from a court is necessary to prevent serious and irreparable injury to one party or to others.

18. EXPORT ADMINISTRATION. Each Party shall comply with all relevant export and sanctions laws and regulations of the United States to assure that neither any software deliverable, nor any direct product thereof is (a) exported or re-exported, directly or indirectly, in violation of any export laws, or (b) intended to be used for any purposes prohibited by any export laws, including without limitation, nuclear, chemical, or biological weapons proliferation, or (c) made available to any prohibited person or entity, as such terms are defined under applicable laws and regulations administered by the U.S. Office of Foreign Assets Control.

19. ACKNOWLEDGEMENT. Client acknowledges that it has read and understands these Standard Terms and Conditions of Sale.

15)
Public Works Agreement with Siepker Electric for the Electrical Bid Set “D”, on the New City Senior Housing Project (CIP Project No. Z20026) Approve and authorize the City Manager to execute a Public Works Construction Agreement with Siepker Electric in an amount not to exceed $589,926.00 for the Electrical Bid Set “D”, on the new City Senior Housing Project in such final form as approved by the City Attorney; authorize the City Manager to execute change orders not to exceed the 10% contingency amount of $58,992.60; and authorize the City Clerk to record the Notice of Completion once work is completed.

REPORT TO CITY COUNCIL
To:Honorable Mayor and Members of the City Council
From:Jason Simpson, City Manager
Prepared by:Shannon Buckley, Assistant City Manager
Date:December 9, 2025
Subject:Public Works Agreement with Siepker Electric for the Electrical Bid Set “D”, on the New City Senior Housing Project (CIP Project No. Z20026) Recommendation
Approve and authorize the City Manager to execute a Public Works Construction Agreement with Siepker Electric in an amount not to exceed $589,926.00 for the Electrical Bid Set “D”, on the new City Senior Housing Project in such final form as approved by the City Attorney; authorize the City Manager to execute change orders not to exceed the 10% contingency amount of $58,992.60; and authorize the City Clerk to record the Notice of Completion once work is completed.

Background
The City has secured construction funding ($5,000,000) from the Permanent Local Housing Allocation Program. The Permanent Local Housing Allocation (PLHA) Program offers several significant benefits aimed at addressing housing challenges and supporting local communities.

These benefits include the following:
Increase the supply of housing for households at or below 60% of the area median income Increase assistance to affordable owner-occupied workforce housing Assist people experiencing or at risk of homelessness
Facilitate housing affordability, particularly for lower- and moderate-income households Promote projects and programs to meet the local government’s unmet share of regional housing needs allocation
Ensure geographic equity in the distribution of the funds Moving forward, the City staff prepared construction-ready housing documents in anticipation of special funding opportunities. This proactive approach ensured that the City would be well- positioned to quickly take advantage of any financial support available for housing projects, Siepker Electric Agreement Bid Set D

thereby accelerating the development process and addressing the critical need for affordable housing within the community.

Therefore, once the funding was secured, construction bid documents were immediately ready for project advertisement and bidding in accordance with the requirements outlined in the California Public Contract Code. On October 23, 2025, the City posted on PlanetBids the notice inviting bids for the City Senior Housing project, electrical (CIP# Z20026). On Wednesday, November 19, 2025, a site visit and job walk were conducted at the project site. All questions and responses to the notice inviting bids were posted in PlanetBids.

Three bids were received on or before the deadline of 2:00 p.m. on Wednesday, November 19, 2025. The bids were reviewed in Planetbids, examined, and declared in City Senior Housing.

The bid results were posted in Planetbids shortly after the staff’s review. Following the examination of the bids, the low bidder, Siepker Electric, was reviewed and interviewed by staff and determined to be complete.

Discussion
The companies listed below submitted a bid response and also attended the mandatory job site visit. Staff has verified the references and work product of the low bidder, and the contractor was briefed on the entire scope of work and performed a thorough site visit to better assess the work requirements. Listed below are the submitted proposals for the City Senior Housing electrical scope of work, bid set ‘B’:

Company Address Amount
Siepker Electric
22755 Gray Fox Drive
Canyon Lake, CA 92587 $589,926.00
SAS Construction 301 West Dyer Road, Unit D
Santa Ana, CA $845,000.00
Amtek Construction 946 N Lemon Street
Orange, CA 92867 $983,333.00
The electrical work will begin immediately following the execution of the public works construction agreement. In this construction agreement, the key elements will include the following items:
o Mobilization & Demobilization Including Construction Schedules o (Not To Exceed 3% of Total Bid)
o Labor Material Bond and Performance Bond
o Underground Electrical Into the Buildings
o Excavation, Backfill, and Compact
o Spoils Removal
o Rough Electrical
o Finish Electrical
Siepker Electric Agreement Bid Set D

During the construction of the electrical work, the additional construction elements will be completed simultaneously. The time frame for the electrical work is 90 working days in total.

Fiscal Impact
Funding costs are included in the Fiscal Year 25/26 – 29/30 Capital Improvement Plan (CIP) budget, CIP# Z20026. The County of Riverside is providing $5,000,000 from the Permanent Local Housing Allocation (PLHA) Program.

Attachments
Attachment 1- Agreement
Exhibit A- Proposal
Administrative Services
1 Agreement No. __________

AGREEMENT FOR PUBLIC WORKS CONSTRUCTION
Siepker Electric
For the
City Senior Housing, Bid
Set ‘D’
CIP PROJECT NO. Z20026
This Agreement for Public Works Construction (“Agreement”) is made and entered into as of Decemebr 9, 2025 by and between the City of Lake Elsinore, a municipal corporation (“City”) and Siepker Electric (“Contractor”).

The City and Contractor, in consideration of the mutual promises and covenants set forth herein, agree as follows:

1. The Project and Project Documents. Contractor agrees to construct the following public improvements (“work”) identified as:

Senior Housing Electrical, Bid Set ‘D’ (the “Project”)
The City-approved plans for the construction of the Project, which are incorporated herein by reference and prepared by Staff, are identified as:

Bid Set ‘D’, Electrical
The Project Documents include this Agreement and all of the following: (1) the Notice Inviting Bids, Instructions to Bidders, Bid Documents including Bidder’s Proposal as submitted by the Contractor, Contract Documents, General Specifications, Special Provisions, and all attachments and appendices; (2) everything referenced in such documents, such as specifications, details, standard plans or drawings and appendices, including all applicable State and Federal requirements; (3) all required bonds, insurance certificates, permits, notices, and affidavits; and (4) any and all addenda or supplemental agreements clarifying, amending or extending the work contemplated as may be required to insure completion in an acceptable manner. All of the provisions of the above-listed documents are made a part of this Agreement as though fully set forth herein.

2. Compensation.
a. For and in consideration of the payments and agreements to be made and performed by City, Contractor agrees to construct the Project, including furnishing all materials and performing all work required for the Project, and to fulfill all other obligations as set forth in the Bidder’s Proposal, such contract price being five hundred eighty nine thousand nine hundred and twenty six dollars ($589,926.00).
2 b. City hereby promises and agrees to employ, and does hereby employ, Contractor to provide the materials, do the work, and fulfill the obligations according to the terms and conditions herein contained and referred to, for the prices set forth, and hereby contracts to pay the same at the time, in the manner, and upon the conditions set forth in the Project Documents.
c. Contractor agrees to receive and accept the prices set forth in the Bidder’s Proposal as full compensation for furnishing all materials, performing all work, and fulfilling all obligations hereunder. Such compensation shall cover all expenses, losses, damages, and consequences arising out of the nature of work during its progress or prior to its acceptance including those for well and faithfully completing the work and the whole thereof in the manner and time specified in the Project Documents; and also including those arising from actions of the elements, unforeseen difficulties or obstructions encountered in the prosecution of the work, suspension or discontinuance of the work, and all other unknowns or risks of any description connected with the work.

3. Completion of Work.
a. Contractor shall perform and complete all work within 90 total working days from the date of commencement specified in the Notice to Proceed, and shall provide, furnish and pay for all the labor, materials, necessary tools, expendable equipment, and all taxes, utility and transportation services required for construction of the Project. b. All work shall be performed and completed in a good workmanlike manner in strict accordance with the drawings, specifications and all provisions of this Agreement as hereinabove defined and in accordance with applicable laws, codes, regulations, ordinances and any other legal requirements governing the Project.
c. Contractor shall not be excused with respect to the failure to so comply by any act or omission of the City, the City Engineer, a City inspector, or a representative of any of them, unless such act or omission actually prevents the Contractor from fully complying with the requirements of the Project Documents, and unless the Contractor protests at the time of such alleged prevention that the act or omission is preventing the Contractor from fully complying with the Project Documents. Such protest shall not be effective unless reduced to writing and filed with the City within three (3) working days of the date of occurrence of the act or omission preventing the Contractor from fully complying with the Project Documents. d. City and Contractor recognize that time is of the essence in the performance of this Agreement and further agree that if the work called for under the Agreement is not completed within the time hereinabove specified, damages will be sustained by the City and that, it is and will be impracticable or extremely difficult to ascertain and determine the actual amount of damages the City will sustain in the event of, and by reason of, such delay. It is, therefore, agreed that such damages shall be presumed to be in the amount of $1,000 per calendar day, and that the Contractor will pay to the City, or City may retain from amounts otherwise payable to Contractor, such amount for each calendar day by which the Contractor fails to complete the work, including corrective items of work, under this Agreement within the time hereinabove specified and as adjusted by any changes to the work. 2 3

4. Changes to Work. City and Contractor agree that the City may make changes to the work, or suspend the work, and no matter how many changes, such changes or suspensions are within the contemplation of the Contractor and City and will not be a basis for a compensable delay claim against the City nor be the basis for a liquidated damage claim against the Contractor.

Any change to the work shall be by way of a written instrument (“change order”) signed by the City and the Contractor, stating their agreement to the following:
a. The scope of the change in the work;
b. The amount of the adjustment to the contract price; and c. The extent of the adjustment to the Schedule of Performance.

The City Engineer is authorized to sign any change order provided that sufficient contingency funds are available in the City’s approved budget for the Project. All change in the work authorized by the change order shall be performed under the applicable conditions of the Project Documents. City and Contractor shall negotiate in good faith and as expeditiously as possible the appropriate adjustments for such changes.

5. Bonds. Contractor shall provide, before commencing work, a Faithful Performance Bond and a Labor and Material Bond, each for one-hundred percent (100%) of the contract price in the form that complies with the Project Documents and is satisfactory to the City Attorney.

6. Non-Assignability. Neither this Agreement nor any rights, title, interest, duties or obligations under this Agreement may be assigned, transferred, conveyed or otherwise disposed of by Contractor without the prior written consent of City.

7. Licenses. Contractor represents and warrants to City that it holds the contractor’s license or licenses set forth in the Project Documents, is registered with the Department of Industrial Relations pursuant to Labor Code Section 1725.5, and holds such other licenses, permits, qualifications, insurance and approvals of whatsoever nature which are legally required of Contractor. Contractor represents and warrants to City that Contractor shall, at its sole cost and expense, keep in effect or obtain at all times during the term of this Agreement, any licenses, permits, insurance and approvals which are legally required of Contractor to practice its profession. Contractor shall maintain a City of Lake Elsinore business license.

8. Indemnity. Contractor shall indemnify, defend, and hold harmless the City and its officials, officers, employees, agents, the County and Board Supervisors, and volunteers from and against any and all losses, liability, claims, suits, actions, damages, and causes of action arising out of any personal injury, bodily injury, loss of life, or damage to property, or any violation of any federal, state, or municipal law or ordinance, to the extent caused, in whole or in part, by the willful misconduct or negligent acts or omissions of Contractor or its employees, subcontractors, or agents, by acts for which they could be held strictly liable, or by the quality or character of their work. The foregoing obligation of Contractor shall not apply when (1) the injury, loss of life, damage to property, or violation of law arises from the sole negligence or willful misconduct of the City or its officers, employees, agents, or volunteers and (2) the actions of Contractor or its employees, subcontractor, or agents have contributed in no part to the injury, loss of life, damage to
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property, or violation of law. It is understood that the duty of Contractor to indemnify and hold harmless includes the duty to defend as set forth in Section 2778 of the California Civil Code.

Acceptance by City of insurance certificates and endorsements required under this Agreement does not relieve Contractor from liability under this indemnification and hold harmless clause.

This indemnification and hold harmless clause shall apply to any damages or claims for damages whether or not such insurance policies shall have been determined to apply. By execution of this Agreement, Contractor acknowledges and agrees to the provisions of this Section and that it is a material element of consideration.

9. Insurance Requirements.
a. Insurance. Contractor, at Contractor’s own cost and expense, shall procure and maintain, for the duration of the Agreement, unless modified by the City’s Risk Manager, the following insurance policies.
i. Workers’ Compensation Coverage. Contractor shall maintain Workers’ Compensation Insurance and Employer’s Liability Insurance for his/her employees in accordance with the laws of the State of California. In addition, Contractor shall require each subcontractor to similarly maintain Workers’ Compensation Insurance and Employer’s Liability Insurance in accordance with the laws of the State of California for all of the subcontractor’s employees. Any notice of cancellation or non-renewal of all Workers’ Compensation policies must be received by the City at least thirty (30) days prior to such change. The insurer shall agree to waive all rights of subrogation against City, its officers, agents, employees and volunteers for losses arising from work performed by Contractor for City. In the event that Contractor is exempt from Worker’s Compensation Insurance and Employer’s Liability Insurance for his/her employees in accordance with the laws of the State of California, Contractor shall submit to the City a Certificate of Exemption from Workers Compensation Insurance in a form approved by the City Attorney.
ii. Commercial General Liability Coverage. Contractor shall maintain commercial general liability insurance in an amount not less than one million dollars ($1,000,000) per occurrence for bodily injury, personal injury and property damage. If a commercial general liability insurance form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit. Required commercial general liability coverage shall be at least as broad as Insurance Services Office Commercial General Liability occurrence form CG 0001 (ed. 11/88) or Insurance Services Office form number GL 0002 (ed. 1/73) covering comprehensive General Liability and Insurance Services Office form number GL 0404 covering Broad Form Comprehensive General Liability. No endorsement may be attached limiting the coverage.
iii. Automobile Liability Coverage. Contractor shall maintain automobile liability insurance covering bodily injury and property damage for all activities of the Contractor arising out of or in connection with the work to be performed under this Agreement, including coverage for owned, hired and non-owned vehicles, in an amount of not less than one million dollars ($1,000,000) combined single limit for each occurrence. Automobile liability coverage must be at least as broad as Insurance Services Office Automobile Liability form CA 0001 (ed. 12/90) Code 1 (“any auto”). No endorsement may be attached limiting the coverage.
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iv. Builder’s Risk Coverage. Prior to the commencement of any construction of the Project, Design-Builder shall obtain (or cause to be obtained) and keep in force during the term of any construction, builder’s risk insurance insuring for all risks of physical loss of or damage (excluding the perils of earthquake and flood). v. Professional Liability Coverage. Contractor shall maintain professional errors and omissions liability insurance appropriate for Contractor’s profession for protection against claims alleging negligent acts, errors or omissions which may arise from Contractor’s services under this Agreement, whether such services are provided by the Contractor or by its employees, subcontractors, or sub consultants.

The amount of this insurance shall not be less than one million dollars ($1,000,000) on a claims-made annual aggregate basis, or a combined single limit per occurrence basis.
b. Endorsements. Each general commercial liability and automobile liability insurance policy shall be with insurers possessing a Best’s rating of no less than A:VII and shall be endorsed with the following specific language:
i. The City, its elected or appointed officers, officials, employees, agents and volunteers are to be covered as additional insured with respect to liability arising out of work performed by or on behalf of the Contractor, including materials, parts or equipment furnished in connection with such work or operations. ii. This policy shall be considered primary insurance as respects the City, its elected or appointed officers, officials, employees, agents and volunteers. Any insurance maintained by the City, including any self-insured retention the City may have, shall be considered excess insurance only and shall not contribute with it. iii. This insurance shall act for each insured and additional insured as though a separate policy had been written for each, except with respect to the limits of liability of the insuring company.
iv. The insurer waives all rights of subrogation against the City, its elected or appointed officers, officials, employees or agents. v. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its elected or appointed officers, officials, employees, agents or volunteers.
vi. The insurance provided by this Policy shall not be suspended, voided, canceled, or reduced in coverage or in limits except after thirty (30) days written notice has been received by the City.
c. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City. At the City’s option, Contractor shall demonstrate financial capability for payment of such deductibles or self-insured retentions. d. Certificates of Insurance. Contractor shall provide certificates of insurance with original endorsements to City as evidence of the insurance coverage required herein.

Certificates of such insurance shall be filed with the City on or before commencement of 5 6
performance of this Agreement. Current certification of insurance shall be kept on file with the City at all times during the term of this Agreement.

10. Notices. Any notice required to be given under this Agreement shall be in writing and either served personally or sent prepaid, first class mail. Any such notice shall be addressed to the other party at the address set forth below. Notice shall be deemed communicated within 48 hours from the time of mailing if mailed as provided in this section.

If to City: City of Lake Elsinore
Attn: City Manager
130 South Main Street
Lake Elsinore, CA 92530
With a copy to: City of Lake Elsinore
Attn: City Clerk
130 South Main Street
Lake Elsinore, CA 92530
If to Contractor: Siepker Electric
Attn: Shawn Siepker
22755 Gray Fox Drive
Canyon Lake Ca 92587

11. Entire Agreement. This Agreement constitutes the complete and exclusive statement of agreement between the City and Contractor. All prior written and oral communications, including correspondence, drafts, memoranda, and representations, are superseded in total by this Agreement.

12. Amendments. This Agreement may be modified or amended only by a written document executed by both Contractor and City and approved as to form by the City Attorney.

13. Assignment and Subcontracting. Contractor shall be fully responsible to City for all acts or omissions of any subcontractors. Assignments of any or all rights, duties for obligations of the Contractor under this Agreement will be permitted only with the express consent of the City. Nothing in this Agreement shall create any contractual relationship between City and any subcontractor nor shall it create any obligation on the part of the City to pay or to see to the payment of any monies due to any such subcontractor other than as otherwise is required by law.

14. Waiver. Waiver of a breach or default under this Agreement shall not constitute a continuing waiver of a subsequent breach of the same or any other provision under this Agreement.

15. Severability. If any term or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect.

16. Controlling Law Venue. This Agreement and all matters relating to it shall be governed by the laws of the State of California and any action brought relating to this Agreement shall be held exclusively in a state court in the County of Riverside. 7 7

17. Litigation Expenses and Attorneys’ Fees. If either party to this Agreement commences any legal action against the other party arising out of this Agreement, the prevailing party shall be entitled to recover its reasonable litigation expenses, including court costs, expert witness fees, discovery expenses, and attorneys’ fees.

18. Mediation. The parties agree to make a good faith attempt to resolve any disputes arising out of this Agreement through mediation prior to commencing litigation. The parties shall mutually agree upon the mediator and share the costs of mediation equally. If the parties are unable to agree upon a mediator, the dispute shall be submitted to JAMS or its successor in interest. JAMS shall provide the parties with the names of five qualified mediators. Each party shall have the option to strike two of the five mediators selected by JAMS and thereafter the mediator remaining shall hear the dispute. If the dispute remains unresolved after mediation, either party may commence litigation.

19. Authority to Enter Agreement and Administration. Contractor has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and to bind each respective party. The City Manager is authorized to enter into an amendment or otherwise take action on behalf of the City to make the following modifications to the Agreement: (a) a name change; (b) grant extensions of time; (c) non-monetary changes in the scope of services; and/or (d) suspend or terminate the Agreement. The City Engineer shall act as the Project administrator on behalf of the City.

20. Prohibited Interests. Contractor maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Contractor, to solicit or secure this Agreement. Further, Contractor warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Contractor, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.

21. Equal Opportunity Employment. Contractor represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination.

22. Prevailing Wages.
a. Contractor and all subcontractors shall adhere to the general prevailing rate of per diem wages as determined and as published by the State Director of the Department of Industrial Relations pursuant to Labor Code Sections 1770, 1773, and 1773.2. Copies of these rates and the latest revisions thereto are on file in the office of the City Clerk of the City of Lake Elsinore and are available for review upon request. 7 8
b. Contractor's attention is directed to the provisions of Labor Code Sections 1774, 1775, 1776, 1777.5 and 1777.6. Contractor shall comply with the provisions of these Sections. The statutory provisions for penalties for failure to comply with the State's wage and the hours laws will be enforced.
c. Labor Code Sections 1774 and 1775 require the Contractor and all subcontractors to pay not less than the prevailing wage rates to all workmen employed in the execution of the contract and specify forfeitures and penalties for failure to do so. The minimum wages to be paid are those determined by the State Director of the Department of Industrial Relations. Labor Code Section 1776 requires the Contractor and all subcontractors to keep accurate payroll records, specifies the contents thereof, their inspection and duplication procedures and certain notices required of the Contractor pertaining to their location. The statutory penalties for failure to pay prevailing wages will be enforced. If the Project has been awarded to Contractor on or after April 1, 2015, Contractor and its subcontractors must furnish electronic certified payroll records to the Labor Commissioner. Beginning January 1, 2016, Contractor and its subcontractors must furnish electronic certified payroll records to the Labor Commissioner without regard to when the Project was awarded to Contractor. d. Labor Code Section 1777.5 requires Contractor or subcontractor employing tradesmen in any apprenticeable occupation to apply to the Joint Apprenticeship Committee nearest the site of the public works project, which administers the apprenticeship program in that trade for a certificate of approval. The certificate will also fix the ratio of apprentices to journeymen to be used in the performance of the Agreement. The Contractor is required to make contributions to funds established for the administration of apprenticeship programs if the Contractor employs registered apprentices or journeymen in any apprenticeable trade and if other contractors on the public works site are making such contributions.

Information relative to apprenticeship standards, contributions, wage schedules and other requirements may be obtained from the State Director of Industrial Relations or from the Division of Apprenticeship Standards. Labor Code Section 1777.6 provides that it shall be unlawful to refuse to accept otherwise qualified employees as registered apprentices solely on the grounds of race, religious creed, color, national origin, ancestry, sex, or age. e. Eight hours labor constitutes a legal day's work, as set forth in Labor Code Section 1810.

23. Execution. This Agreement may be executed in several counterparts, each of which shall constitute one and the same instrument and shall become binding upon the parties when at least one copy hereof shall have been signed by both parties hereto. In approving this Agreement, it shall not be necessary to produce or account for more than one such counterpart. [Signatures on next page]
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IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the date first written above.
“CITY”
CITY OF LAKE ELSINORE, a municipal
corporation
“CONTRACTOR”
Siepker Electric
City Manager
ATTEST:

By: Shawn Siepker
Its: Owner
City Clerk
APPROVED AS TO FORM:

By:Click or tap here to enter text.

Its: Click or tap here to enter text.

City Attorney
Assistant City Manager
10 EXHIBIT A
CONTRACTOR’S PROPOSAL
[ATTACHED]

EXHIBIT B

LIST OF SUBCONTRACTORS
[ATTACHED]

22755 Gray Fox Drive. | Canyon Lake, CA 92587 | Tel (951) 615-7865 | Lic. # C10-899603 | www.siepkerelectric.com

November 19 th , 2025

CITY OF LAKE ELSINORE
130 South Main Street
Lake Elsinore, CA 92530

SUBJECT: CITY OF LAKE ELSINORE – SENIOR HOUSING

LAKE ELSINORE, CA
BID PROPOSAL (CIP PROJECT NO. Z20026)

Dear City of Lake Elsinore,

We are pleased to submit our bid for the electrical work on the above-mentioned project. Our scope of work is as follows:

1. Electrical Drawings:
- Electrical:
o E0.1, E0.2, E0.3, E0.4, E1.1, E1.2, E2.1, E2.2, E2.3, E3.1, E4.1 (04.20.2022 )

2. Addendum: 1

BID ITEM
.................................................................................................. $ SEE BIDDERS’ PROPOSAL

Please note the following clarifications:

1. This bid is based on Davis Bacon Wage Determination

2. This bid is based on a 15-month construction schedu le

3. This bid assumes that City of Lake Elsinore will fu rnish the ceiling fan and decorative light fixtures.

4. This bid includes 1ph electrical load centers for Panel A11, 12, 13, 21, 22, 23, B11, 12, 21, 22, 23, 24, 31, 32 & 33

5. This bid includes 1hr fire rated domes for downligh ts (as noted on general sheet note 2 – E2.2)

6. This bid includes the use of Metal-Clad cabling for Feeders and Branch Circuits.

We are excluding the following:

1. Temporary lighting / power and /or Generator (if re quired)

2. Premium time labor

3. Special inspection fees

4. Work required to bring existing conditions into cur rent code compliance

5. Cutting, Patching and Repair of Drywall

6. Landscaping Repair

HAUN BUILDING T.I – MISC EM ELECTRICAL WORK
29844 HAUN ROAD, MENIFEE CA 92586
BID PROPOSAL – R1

22755 Gray Fox Drive. | Canyon Lake, CA 92587 | Tel (951) 615-7865 | Lic. # C10-899603 | www.siepkerelectric.com

7. Spoil removal off-site including any dump fees and haul away charges (to be distributed to location on-site)

8. Permitting and utility connection fees

9. 3rd Party Testing & Verification

10. Design & Engineering Fees

11. Repair and replacement of existing conduits and/or utilities

We thank you for the opportunity to present this proposal and hope that it meets with your approval.

This proposal will remain valid for a period of sixty (60) days from the date of submission.

Should you have any questions regarding this project, please contact me.

Respectfully,

SIEPKER ELECTRIC

Shawn Siepker
Owner

16)
Lake Water Quality Update and Maintenance Agreement with Moleaer for Nanobubble Barges
Approve and authorize the City Manager to execute the Contractor Services Agreement with Moleaer in an amount not to exceed $275,004 for Nanobubble Barge Maintenance in such final form as approved by the City Attorney and authorize the City Manager to execute change orders not exceeding a 10% contingency of $27,500 for uncertainties and adjustments.

REPORT TO CITY COUNCIL
To:Honorable Mayor and Members of the City Council
From:Jason Simpson, City Manager
Prepared by:Adam Gufarotti, Assistant Director of Lake & Community Operations Date:December 9, 2025
Subject:Lake Water Quality Update and Maintenance Agreement with Moleaer for Nanobubble Barges
Recommendation
Approve and authorize the City Manager to execute the Contractor Services Agreement with Moleaer in an amount not to exceed $275,004 for Nanobubble Barge Maintenance in such final form as approved by the City Attorney and authorize the City Manager to execute change orders not exceeding a 10% contingency of $27,500 for uncertainties and adjustments.

Background
In August 2023, the City Council approved the first comprehensive Lake Management Plan. This plan outlined several science-based strategies to improve water quality and reduce harmful algal blooms.

As part of the plan, the City installed three nanobubble barges. Nanobubbles are extremely small gas bubbles, typically less than 200 nanometers in diameter. Because of their size, they remain suspended in the water column for long periods of time and gradually transfer oxygen into the surrounding water. This increases dissolved oxygen levels, supports healthier aquatic conditions, and helps limit the growth of algae by reducing low-oxygen zones that favor algal dominance.

The plan also included targeted algaecide treatments and applications of Phoslock. Phoslock is a lanthanum-modified clay that binds with phosphorus in the water and sediment. Once bound, the phosphorus becomes unavailable for algal uptake, which reduces the nutrient supply that drives harmful algal blooms.

Moleaer Maintenance Agreement

In addition to the permanent barges, the City purchased a fourth mobile nanobubble trailer. This portable system provides flexibility to treat specific hot spot areas around the lake where water quality conditions may change rapidly or where localized algal activity may occur.

Discussion
Since the City installed the second and third nanobubble barges in October 2024, Lake Elsinore has undergone a marked transformation in water quality. Multiple independent monitoring datasets now show sustained increases in dissolved oxygen (DO) at depths where the lake has historically experienced chronic low or no oxygen. These improvements represent the most stable and oxygen-rich conditions documented in more than two decades. As part of the City’s state grant requirements, a third-party scientific evaluation of the nanobubble barges was completed by GEI Consultants. The City has received the draft report, which is attached for your review.

GEI’s technical analysis demonstrates quantifiable and consistent improvements in DO concentrations following installation and operation of the Moleaer nanobubble oxygenation systems. All five independently collected datasets exhibit similar patterns of DO enhancement, particularly in the near-bottom and mid-water column environments that are most sensitive to oxygen depletion. Localized monitoring near the pilot barge showed DO concentrations increasing from 2–6 mg/L in 2024 to consistently above 6 mg/L in early 2025 at both the barge and 250-foot northwest monitoring site. Monthly average DO values at 5–6 meters depth recorded by EVMWD equipment rose to 8–10 mg/L by late 2024 and remained above the hypoxic threshold during winter and spring 2025; statistically significant increases were also detected during the stratified summer period of 2025, when DO is typically at its annual minimum.

Lake Elsinore is a highly dynamic and complex aquatic system, and its water quality can shift rapidly in response to external environmental factors such as temperature, wind, nutrient inputs, and hydrologic changes. Because of this natural variability, additional scientific work and long- term monitoring are essential to ensure the continued success of the lake’s restoration efforts.

The City remains committed to comprehensive monitoring and adaptive management to better understand how the lake responds to ongoing interventions, including the nanobubble oxygenation systems.

GEI recommends continued lake-wide mapping of near-bottom dissolved oxygen and the installation of a deep-water in-situ sonde located in the coldest and most nutrient-sensitive zone of the lake. These instrumentation enhancements would provide high-resolution, continuous data that capture both spatial and temporal variations in oxygen conditions. Such information will significantly improve the City’s ability to evaluate the long-term performance of the nanobubble technology under varying seasonal and hydrodynamic conditions and will support more precise, evidence-based management decisions for the lake moving forward.

When the nanobubble barges were originally purchased from Moleaer, the capital acquisition cost included both initial installation and maintenance. The current maintenance agreement is set to expire at the end of 2025. Due to the demonstrated success of the nanobubble oxygenation program and the substantial improvements in lake water quality, staff is recommending that the City Council authorize a new maintenance contract with Moleaer. The new agreement would Moleaer Maintenance Agreement

provide ongoing service for all three floating barges as well as the mobile nanobubble trailer unit.

The annual cost of the Maintenance agreement is $275,004.

The most significant maintenance requirement for the barges is the regular cleaning and calibration of the onboard gas generation and delivery systems. Each barge produces its own oxygen supply by compressing ambient air and separating it into concentrated oxygen. Routine maintenance ensures that these systems continue operating efficiently, delivering precise oxygen concentrations and maintaining consistent nanobubble production.

City staff is actively pursuing grant funding to offset operational costs associated with the lake management program. As part of these efforts, the City is positioned to receive $8 million in federal funding to support ongoing lake restoration, pending approval of the federal budget and final signature by the President. This funding would significantly strengthen the City’s ability to sustain long-term water quality improvements and continue advancing the Lake Management Plan.

Fiscal Impact
Funding costs will come from the Measure Z Budget
Attachments
Attachment 1- Moleaer Maintenance Agreement
Exhibit A - Moleaer Maintenance Quote
Attachment 2 – GEI Draft Report
City Manager's Office

1.docxPage 1

AGREEMENT FOR CONTRACTOR SERVICES
Moleaer, Inc.

Maintenance of Nanobubble Barges & Trailer
This Agreement for Contractor Services (the “Agreement”) is made and entered into as of December 10, 2025, by and between the City of Lake Elsinore, a municipal corporation (‘‘City") and Moleaer, a Delaware Corporation ("Contractor").

RECITALS
A. The City has determined that it requires the following Contractor services:

Maintance of Nanobubble Barges and Trailer
B. Contractor has submitted to City a proposal, dated July 21, 2025, attached hereto as Exhibit A (“Contractor’s Proposal”) and incorporated herein, to provide contractor services to City pursuant to the terms of this Agreement.

C. Contractor possesses the skill, experience, ability, background, certification and knowledge to perform the services described in this Agreement on the terms and conditions described herein.

D. City desires to retain Contractor to perform the services as provided herein and Contractor desires to provide such contractor services as set forth in this Agreement.

AGREEMENT

1. Scope of Services. Contractor shall perform the services described in Contractor’s Proposal (Exhibit A). Contractor shall provide such services at the time, place, and in the manner specified in Contractor’s Proposal, subject to the direction of the City through its staff that it may provide from time to time.

2. Time of Performance.
a. Time of Essence. Time is of the essence in the performance of this Agreement. The time for completion of the contractor services to be performed by Contractor is an essential condition of this Agreement. Contractor shall prosecute regularly and diligently the contractor services contemplated pursuant to this Agreement according to the agreed upon performance schedule in Contractor’s Proposal (Exhibit A). b. Performance Schedule. Contractor shall commence the services pursuant to this Agreement upon receipt of a written notice to proceed and shall perform all services within the time period(s) established in the Contractor’s Proposal (Exhibit A). When requested by Contractor, extensions to the time period(s) specified may be approved in writing by the City Manager.
c. Term and Compliance with Task/Work Order System. Unless earlier terminated as provided elsewhere in this Agreement, this Agreement shall continue in full force

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0 and effect for a period commencing on December 10, 2025 and ending October 31, 2026. The City may, at its sole discretion, extend the term of this Agreement on a 12-month basis not to exceed 2 additional twelve (12) month renewal terms by giving written notice thereof to Contractor not less than thirty (30) days before the end of the contract term, such notice to be exercised by the City Manager.

Contractor hereby agrees and acknowledges that any and all work or services performed pursuant to this Agreement shall be based upon the issuance of a Task/Work Order by the City. Contractor acknowledges that it is not guaranteed any minimum or specific amount of work or services as all work or services shall be authorized through a Task/Work Order issued by the City.

3. Compensation. Compensation to be paid to Contractor shall be in accordance with the fees set forth in Contractor's Proposal (Exhibit A), which is attached hereto and incorporated herein by reference. In no event shall Contractor's annual compensation exceed Two hundred seventy-five thousand and four dollars ($275,004) without additional written authorization from the City. Notwithstanding any provision of Contractor's Proposal to the contrary, out of pocket expenses set forth in Exhibit A shall be reimbursed at cost without an inflator or administrative charge. Payment by City under this Agreement shall not be deemed a waiver of defects, even if such defects were known to the City at the time of payment.

4. Method of Payment. Contractor shall promptly submit billings to the City describing the services and related work performed during the preceding month to the extent that such services and related work were performed. Contractor’s bills shall be segregated by project task, if applicable, such that the City receives a separate accounting for work done on each individual task for which Contractor provides services. Contractor’s bills shall include a brief description of the services performed, the date the services were performed, the number of hours spent and by whom, and a description of any reimbursable expenditures. City shall pay Contractor no later than forty-five (45) days after receipt of the monthly invoice by City staff.

5. Background Checks. At any time during the term of this Agreement, the City reserves the right to make an independent investigation into the background of Contractor’s personnel who perform work required by this Agreement, including but not limited to their references, character, address history, past employment, education, social security number validation, and criminal or police records, for the purpose of confirming that such personnel are lawfully employed, qualified to provide the subject service or pose a risk to the safety of persons or property in and around the vicinity of where the services will be rendered or City Hall. If the City makes a reasonable determination that any of Contractor’s prospective or then current personnel is deemed objectionable, then the City may notify Contractor of the same. Contractor shall not use that personnel to perform work required by this Agreement, and if necessary, shall replace him or her with a suitable worker.

6. Suspension or Termination.
a. The City may at any time, for any reason, with or without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon the Contractor at least ten (10) days prior written notice. Upon receipt of such notice, the Contractor shall immediately cease all work under this Agreement, unless the notice provides otherwise. If the City suspends or terminates a portion of this Agreement such suspension or termination shall not make void or invalidate the remainder of this Agreement.

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0 b. In the event this Agreement is terminated pursuant to this Section, the City shall pay to Contractor the actual value of the work performed up to the time of termination, provided that the work performed is of value to the City. Upon termination of the Agreement pursuant to this Section, the Contractor will submit an invoice to the City, pursuant to Section entitled “Method of Payment” herein.

7. Plans, Studies, Documents.
a. Ownership of Documents. All plans, studies, documents and other writings prepared by and for Contractor, its officers, employees and agents and subcontractors in the course of implementing this Agreement, except working notepad internal documents, shall become the property of the City upon payment to Contractor for such work, and the City shall have the sole right to use such materials in its discretion without further compensation to Contractor or to any other party. Contractor shall, at Contractor’s expense, provide such reports, plans, studies, documents and other writings to City upon written request. City shall have sole determination of the public’s rights to documents under the Public Records Act, and any third- party requests of Contractor shall be immediately referred to City, without any other actions by Contractor.
b. Licensing of Intellectual Property. This Agreement creates a nonexclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Contractor under this Agreement ("Documents & Data"). Contractor shall require that all subcontractors agree in writing that City is granted a nonexclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Contractor represents and warrants that Contractor has the legal right to license any and all Documents & Data. Contractor makes no such representation and warranty in regard to Documents & Data which were prepared by design professionals other than Contractor or provided to Contractor by the City. City shall not be limited in any way in its use of the Documents & Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City’s sole risk. c. Confidentiality. All ideas, memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written information, and other Documents & Data either created by or provided to Contractor in connection with the performance of this Agreement shall be held confidential by Contractor. Such materials shall not, without the prior written consent of City, be used by Contractor for any purposes other than the performance of the services under this Agreement. Nor shall such materials be disclosed to any person or entity not connected with the performance of the services under this Agreement. Nothing furnished to Contractor which is otherwise known to Contractor or is generally known, or has become known, to the related industry shall be deemed confidential. Contractor shall not use City’s name or insignia, photographs relating to project for which Contractor’s services are rendered, or any publicity pertaining to the Contractor’s services under this Agreement in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of City.

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0 8. Contractor’s Books and Records.
a. Contractor shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for services, or expenditures and disbursements charged to City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Contractor to this Agreement.
b. Contractor shall maintain all documents and records which demonstrate performance under this Agreement for a minimum period of three (3) years, or for any longer period required by law, from the date of termination or completion of this Agreement. c. Any records or documents required to be maintained pursuant to this Agreement shall be made available for inspection or audit, at any time during regular business hours, upon written request by the City Manager, City Attorney, City Auditor or a designated representative of these officers. Copies of such documents shall be provided to the City for inspection at City Hall when it is practical to do so. Otherwise, unless an alternative is mutually agreed upon, the records shall be available at Contractor’s address indicated for receipt of notices in this Agreement.
d. Where City has reason to believe that such records or documents may be lost or discarded due to dissolution, disbandment or termination of Contractor’s business, City may, by written request by any of the above-named officers, require that custody of the records be given to the City and that the records and documents be maintained in City Hall. Access to such records and documents shall be granted to any party authorized by Contractor, Contractor’s representatives, or Contractor’s successor-in-interest.

9. Independent Contractor.
a. Contractor is and shall at all times remain as to the City a wholly independent contractor pursuant to California Labor Code Section 3353. The personnel performing the services under this Agreement on behalf of Contractor shall at all times be under Contractor’s exclusive direction and control. Neither City nor any of its officers, employees, or agents shall have control over the conduct of Contractor or any of Contractor’s officers, employees, or agents, except as set forth in this Agreement. Contractor shall not at any time or in any manner represent that it or any of its officers, employees, or agents are in any manner officers, employees, or agents of the City. Contractor shall not incur or have the power to incur any debt, obligation, or liability whatsoever against City, or bind City in any manner. b. Notwithstanding any other federal, state and local laws, codes, ordinances and regulations to the contrary and except for the fees paid to Contractor as provided in the Agreement, Contractor and any of its employees, agents, and subcontractors providing service under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any claims to, any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in PERS as an employee of City and entitlement to any contribution to be paid by City for employer contribution and/or employee contributions for PERS benefits.

10. PERS Eligibility Indemnification. In the event that Contractor or any employee, agent, or subcontractor of Contractor providing services under this Agreement claims or is determined by a court of competent jurisdiction or the California Public Employees Retirement System (PERS) to be eligible for enrollment in PERS as an employee of the City, Contractor shall

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0 indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for PERS benefits on behalf of Contractor or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City.

11. Interests of Contractor. Contractor (including principals, associates and professional employees) covenants and represents that it does not now have any investment or interest in real property and shall not acquire any interest, direct or indirect, in the area covered by this Agreement or any other source of income, interest in real property or investment which would be affected in any manner or degree by the performance of Contractor’s services hereunder. Contractor further covenants and represents that in the performance of its duties hereunder no person having any such interest shall perform any services under this Agreement.

Contractor is not a designated employee within the meaning of the Political Reform Act because Contractor:
a. will conduct research and arrive at conclusions with respect to his/her rendition of information, advice, recommendation or counsel independent of the control and direction of the City or of any City official, other than normal agreement monitoring; and b. possesses no authority with respect to any City decision beyond rendition of information, advice, recommendation or counsel. (FPPC Reg. 18700(a)(2).)

12. Professional Ability of Contractor. City has relied upon the professional training and ability of Contractor to perform the services hereunder as a material inducement to enter into this Agreement. Contractor shall therefore provide properly skilled professional and technical personnel to perform all services under this Agreement. All work performed by Contractor under this Agreement shall be in accordance with applicable legal requirements and shall meet the standard of quality ordinarily to be expected of competent professionals in Contractor’s field of expertise.

13. Compliance with Laws.
a. Contractor shall comply with all local, state and federal laws and regulations applicable to the services required hereunder, including any rule, regulation or bylaw governing the conduct or performance of Contractor and/or its employees, officers, or board members.
b. Contractor represents that it has obtained and will maintain at all times during the term of this Agreement all professional and/or business licenses, certifications and/or permits necessary for performing the services described in this Agreement, including a City business license.

14. Licenses. Contractor represents and warrants to City that it has the licenses, permits, qualifications, insurance and approvals of whatsoever nature which are legally required of Contractor to practice its profession. Contractor represents and warrants to City that Contractor shall, at its sole cost and expense, keep in effect or obtain at all times during the term of this Agreement, any licenses, permits, insurance and approvals which are legally required of Contractor to practice its profession. Contractor shall maintain a City of Lake Elsinore business license.

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0 15. Indemnity. Contractor shall indemnify, defend, and hold harmless the City and its officials, officers, employees, agents, and volunteers from and against any and all losses, liability, claims, suits, actions, damages, and causes of action arising out of any personal injury, bodily injury, loss of life, or damage to property, or any violation of any federal, state, or municipal law or ordinance, to the extent caused, in whole or in part, by the willful misconduct or negligent acts or omissions of Contractor or its employees, subcontractors, or agents, by acts for which they could be held strictly liable, or by the quality or character of their work. The foregoing obligation of Contractor shall not apply when (1) the injury, loss of life, damage to property, or violation of law arises from the sole negligence or willful misconduct of the City or its officers, employees, agents, or volunteers and (2) the actions of Contractor or its employees, subcontractor, or agents have contributed in no part to the injury, loss of life, damage to property, or violation of law. It is understood that the duty of Contractor to indemnify and hold harmless includes the duty to defend as set forth in Section 2778 of the California Civil Code. Acceptance by City of insurance certificates and endorsements required under this Agreement does not relieve Contractor from liability under this indemnification and hold harmless clause. This indemnification and hold harmless clause shall apply to any damages or claims for damages whether or not such insurance policies shall have been determined to apply. By execution of this Agreement, Contractor acknowledges and agrees to the provisions of this Section and that it is a material element of consideration.

16. Insurance Requirements.
a. Insurance. Contractor, at Contractor’s own cost and expense, shall procure and maintain, for the duration of the contract, unless modified by the City’s Risk Manager, the following insurance policies.
i. Workers’ Compensation Coverage. Contractor shall maintain Workers’ Compensation Insurance and Employer’s Liability Insurance for his/her employees in accordance with the laws of the State of California. In addition, Contractor shall require each subcontractor to similarly maintain Workers’ Compensation Insurance and Employer’s Liability Insurance in accordance with the laws of the State of California for all of the subcontractor’s employees. Any notice of cancellation or non-renewal of all Workers’ Compensation policies must be received by the City at least thirty (30) days prior to such change. The insurer shall agree to waive all rights of subrogation against City, its officers, agents, employees and volunteers for losses arising from work performed by Contractor for City. In the event that Contractor is exempt from Worker’s Compensation Insurance and Employer’s Liability Insurance for his/her employees in accordance with the laws of the State of California, Contractor shall submit to the City a Certificate of Exemption from Workers Compensation Insurance in a form approved by the City Attorney.
ii. General Liability Coverage. Contractor shall maintain commercial general liability insurance in an amount not less than one million dollars ($1,000,000) per occurrence for bodily injury, personal injury and property damage. If a commercial general liability insurance form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit. Required commercial general liability coverage shall be at least as broad as Insurance Services Office Commercial General Liability occurrence form CG 0001 (ed. 11/88) or Insurance Services Office form number GL 0002 (ed. 1/73) covering comprehensive General Liability and Insurance Services Office form number GL 0404

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0 covering Broad Form Comprehensive General Liability. No endorsement may be attached limiting the coverage.
iii. Automobile Liability Coverage. Contractor shall maintain automobile liability insurance covering bodily injury and property damage for all activities of the Contractor arising out of or in connection with the work to be performed under this Agreement, including coverage for owned, hired and non-owned vehicles, in an amount of not less than one million dollars ($1,000,000) combined single limit for each occurrence.

Automobile liability coverage must be at least as broad as Insurance Services Office Automobile Liability form CA 0001 (ed. 12/90) Code 1 (“any auto”). No endorsement may be attached limiting the coverage.
iv. Professional Liability Coverage. Contractor shall maintain professional errors and omissions liability insurance appropriate for Contractor’s profession for protection against claims alleging negligent acts, errors or omissions which may arise from Contractor’s services under this Agreement, whether such services are provided by the Contractor or by its employees, subcontractors, or sub Contractors. The amount of this insurance shall not be less than one million dollars ($1,000,000) on a claims-made annual aggregate basis, or a combined single limit per occurrence basis. b. Endorsements. Each general liability and automobile liability insurance policy shall be with insurers possessing a Best’s rating of no less than A:VII and shall be endorsed with the following specific language:
i. Notwithstanding any inconsistent statement in any required insurance policies or any subsequent endorsements attached thereto, the protection offered by all policies, except for Workers’ Compensation, shall bear an endorsement whereby it is provided that, the City and its officers, employees, servants, volunteers and agents and independent contractors, including without limitation, the City Manager and City Attorney, are named as additional insureds. Additional insureds shall be entitled to the full benefit of all insurance policies in the same manner and to the same extent as any other insureds and there shall be no limitation to the benefits conferred upon them other than policy limits to coverages.
ii. This policy shall be considered primary insurance as respects the City, its elected or appointed officers, officials, employees, agents and volunteers. Any insurance maintained by the City, including any self-insured retention the City may have, shall be considered excess insurance only and shall not contribute with it. iii. This insurance shall act for each insured and additional insured as though a separate policy had been written for each, except with respect to the limits of liability of the insuring company.
iv. The insurer waives all rights of subrogation against the City, its elected or appointed officers, officials, employees or agents. v. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its elected or appointed officers, officials, employees, agents or volunteers.

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0 vi. The insurance provided by this Policy shall not be suspended, voided, canceled, or reduced in coverage or in limits except after thirty (30) days written notice has been received by the City.
c. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City. At the City’s option, Contractor shall demonstrate financial capability for payment of such deductibles or self-insured retentions. d. Certificates of Insurance. Contractor shall provide certificates of insurance with original endorsements to City as evidence of the insurance coverage required herein.

Certificates of such insurance shall be filed with the City on or before commencement of performance of this Agreement. Current certification of insurance shall be kept on file with the City at all times during the term of this Agreement.

17. Notices. Any notice required to be given under this Agreement shall be in writing and either served personally or sent prepaid, first class mail. Any such notice shall be addressed to the other party at the address set forth below. Notice shall be deemed communicated within 48 hours from the time of mailing if mailed as provided in this section.

If to City: City of Lake Elsinore
Attn: City Manager
130 South Main Street
Lake Elsinore, CA 92530
With a copy to: City of Lake Elsinore
Attn: City Clerk
130 South Main Street
Lake Elsinore, CA 92530
If to Contractor:Moleaer Inc
Attn: Chris Stephan
3232 W El Segundo Blvd
Hawthorne, CA 90250

18. Assignment and Subcontracting. The parties recognize that a substantial inducement to City for entering into this Agreement is the professional reputation, experience and competence of Contractor and the subcontractors listed in Exhibit B. Contractor shall be fully responsible to City for all acts or omissions of any subcontractors. Assignments of any or all rights, duties or obligations of the Contractor under this Agreement will be permitted only with the express consent of the City. Contractor shall not subcontract any portion of the work to be performed under this Agreement except as provided in Exhibit B without the written authorization of the City. If City consents to such subcontract, Contractor shall be fully responsible to City for all acts or omissions of those subcontractors. Nothing in this Agreement shall create any contractual relationship between City and any subcontractor nor shall it create any obligation on the part of the City to pay or to see to the payment of any monies due to any such subcontractor other than as otherwise is required by law.

19. Waiver. Waiver of a breach or default under this Agreement shall not constitute a continuing waiver of a subsequent breach of the same or any other provision under this Agreement.

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0 20. Litigation Expenses and Attorneys’ Fees. If either party to this Agreement commences any legal action against the other party arising out of this Agreement, the prevailing party shall be entitled to recover its reasonable litigation expenses, including court costs, expert witness fees, discovery expenses, and attorneys’ fees.

21. Mediation. The parties agree to make a good faith attempt to resolve any disputes arising out of this Agreement through mediation prior to commencing litigation. The parties shall mutually agree upon the mediator and share the costs of mediation equally. If the parties are unable to agree upon a mediator, the dispute shall be submitted to JAMS or its successor in interest. JAMS shall provide the parties with the names of five qualified mediators. Each party shall have the option to strike two of the five mediators selected by JAMS and thereafter the mediator remaining shall hear the dispute. If the dispute remains unresolved after mediation, either party may commence litigation.

22. Prohibited Interests. Contractor maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Contractor, to solicit or secure this Agreement. Further, Contractor warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Contractor, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.

23. Equal Opportunity Employment. Contractor represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination.

24. Prevailing Wages. Contractor is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects.

Contractor agrees to fully comply with all applicable federal and state labor laws (including, without limitation, if applicable, the Prevailing Wage Laws). It is agreed by the parties that, in connection with the Work or Services provided pursuant to this Agreement, Contractor shall bear all risks of payment or non-payment of prevailing wages under California law, and Contractor hereby agrees to defend, indemnify, and hold the City, and its officials, officers, employees, agents, and volunteers, free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. The foregoing indemnity shall survive termination of this Agreement.

25. Severability. If any term or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect.

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0 26. Controlling Law Venue. This Agreement and all matters relating to it shall be governed by the laws of the State of California and any action brought relating to this Agreement shall be held exclusively in a state court in the County of Riverside.

27. Authority to Enter Agreement. Contractor has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and to bind each respective party. The City Manager is authorized to enter into an amendment or otherwise take action on behalf of the City to make the following modifications to the Agreement: (a) a name change; (b) grant extensions of time; (c) non- monetary changes in the scope of services; and/or (d) suspend or terminate the Agreement.

28. Counterparts. This Agreement may be executed in several counterparts, each of which shall constitute one and the same instrument and shall become binding upon the parties when at least one copy hereof shall have been signed by both parties hereto. In approving this Agreement, it shall not be necessary to produce or account for more than one such counterpart.

29. Entire Agreement; Incorporation; Conflict. This Agreement contains the entire understanding between the parties relating to the obligations described herein. All prior or contemporaneous understandings, agreements, representations and statements, oral or written, are superseded in total by this Agreement and shall be of no further force or effect. Contractor’s Proposal is incorporated only for the description of the scope of services and/or the schedule of performance and no other terms and conditions from such proposal shall apply to this Agreement unless specifically agreed to in writing. In the event of conflict, this Agreement shall take precedence over those contained in the Contractor’s Proposal.

30. Amendments. This Agreement may be modified or amended only by a written document executed by both Contractor and City and approved as to form by the City Attorney. [Signatures on next page]

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0 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the date first written above.
“CITY”
CITY OF LAKE ELSINORE, a municipal
corporation
City Manager
ATTEST:

City Clerk
APPROVED AS TO FORM:

City Attorney
Assistant City Manager
“CONTRACTOR”
Moleaer Inc., a Click or tap here to enter text.

By:Click or tap here to enter text.

Its:Click or tap here to enter text.

Attachments: Exhibit A – Contractor’s Proposal
Exhibit B – List of Subcontractors

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0 EXHIBIT A

EXHIBIT A
CONTRACTOR’S PROPOSAL
[ATTACHED]

EXHIBIT A

EXHIBIT B

EXHIBIT B

LIST OF SUBCONTRACTORS
[ATTACHED]

CITY OF LAKE ELSINORE-

ANNUAL SERVICE PLAN

FOR CONTAINERIZED
SYSTEMS AND O2 O3

NBTRAILER
#20250721-210134784
Issued
July 21, 2025
Expires
December 31, 2025
About Moleaer
Moleaer is the category creator and global leader in Nanobubble Technology, a rapidly emerging class of science that offers sustainable, cost-effective alternatives to conventional chemicals for treating water and wastewater, cleaning surfaces, increasing food production, improving natural resource recovery and producing advanced materials. With over 3,000 nanobubble systems deployed globally – in greenhouses, open-field farms, aquaculture facilities, large lakes and reservoirs, wastewater treatment plants, and consumer applications like home spas – Moleaer is helping customers maximize every drop of water, enabling them to do more, using less. Industries worldwide are leveraging Moleaer's solutions, which enhance the value of water, to boost productivity and efficiency while minimizing their water, chemical and energy footprint – contributing to a more resilient and sustainable future.

Moleaer Inc
3232 W El Segundo Blvd
Hawthorne, California 90250
United States
Chris Stephan
[email protected]
Prepared for
City of Lake Elsinore
130 South Main Street
Lake Elsinore, CA 92530
United States
Adam Gufarotti
Community Support Manager
[email protected]
19516743124
Project Application
Moleaer is pleased to offer this proposal for a 12 month service agreement for the 4 Moleaer Nanobubble Systems owned by The City of Lake Elsinore and that are deployed at Lake Elsinore.

Purchase Terms
Payment Terms:

Bi-Annually: 2 x $137,502
Payments due Nov 1 and May 1 each year during contract period Contract Term:
1 yr initial term, Nov 1, 2025-Oct 31, 2026
Annual renewal for up to 3 yrs at same rate plus 3% per year Assets and Scope of Work Included:

Phase 1 System: 2 Containers, NBG6 O2 O3 System
Weekly Inspection of complete system
All preventative maintenance parts and labor (fluid and filters) on air compressor, O2 concentrator and pump
Annual Service visit/inspection for O3 generator
Annual nanobubble pump inspection
Any parts not apart above preventative maintenance at additional cost (labor and materials)
Phase 2 Systems: 4 containers, 2 x NBG8 O2 Systems
Weekly Inspection of complete system
All preventative maintenance parts and labor (fluid and filters) on air compressor, O2 concentrators and pumps
Annual nanobubble pump inspection
Any parts not apart of above preventative maintenance at additional cost (labor and materials)
Trailer System: NBG4 O2 O3 System
All preventative maintenance parts and labor (fluid and filters) on air compressor O2 concentrator and pump
Annual inspection for O3 generator
Annual pump inspection
Any parts not apart of above preventative maintenance at additional cost (labor and materials)
In situ monitoring buoys
Weekly inspection and probe cleaning
Any parts not apart of inspection and cleaning at additional costs (labor and materials)
Moleaer Scope of Work
Perform service and supply needed maintenance parts as identified above Utilize Moleaer watercraft for service provided
Provide invoice at least 30 days in advance of due date City of Lake Elsinore
Provide access to Launch Pointe Park
Provide secure location at Launch Pointe Park for storage of Moleaer watercraft Payment per terms above
Contact:

Adam Gufarotti
Products & Services
Products &
Services
Product
ID
Billing
Frequency Quantity
Unit
price Price
Moleaer
Service Plan:
3 x Moleaer
Container
Systems and
1 x Trailer
System
Weekly
Service, in‐
spection and
maintenance
of 4 systems.

Maintenance
parts in‐
cluded, but
not repairs
outside of
preventative
maintenance
Monthly 1 $22,917.00
/ month
$22,917.00
/ month
for 1 year
Monthly subtotal $22,917.00
Total $22,917.00
Total contract value $275,004.00

EQUIPMENT LEASE AGREEMENT

1 . CONDITIONS. These Standard Terms and Conditions of Lease (these “Conditions”) govern the lease of products (the “Equipment”) by Moleaer, Inc. (“Moleaer”) to the entity (“Leesee” and, with Moleaer, the “Parties”) named in Moleaer’s Equipment Lease Proposal (the “Lease Proposal” or “Proposal” and, together with these Conditions, this “Contract”). Unless specified in another agreement between the Parties, this Contract constitutes the entire agreement between the Parties, supersedes all prior written or oral communications or understandings concerning the Equipment and takes precedence over and cancels any other, different or conflicting terms or conditions of Lessee’s order or acceptance. No waiver or amendment of any of the provisions of this Contract shall be effective unless in writing and executed by both Parties. Unless otherwise stated herein, Lessee's receipt of any portion of the Equipment shall constitute acceptance of these Conditions.

The Parties agree as follows:

2. EQUIPMENT: Moleaer hereby leases to Lessee the Equipment on the terms and conditions set forth in the Equipment Lease Proposal outlined above.

3. LEASE TERM: The Lease will begin on the “Start Date” as defined in the Equipment Lease Proposal and shall continue for the duration specified in the Proposal’s Lease Term. Unless the Lease is terminated, the Lease shall automatically renew for one-month periods on the first day of each month at the conclusion of the Lease Term. Either party may terminate this Lease prior to the end of the Lease Term by providing written notice to the other party of the date the Lease shall terminate, which shall be at least thirty (30) days after the date of such notice; provided that Moleaer may terminate the Lease immediately if Lessee is in default as provided under Section 10 hereof. The date of the termination of the Lease (whether pursuant to such termination notice or pursuant to an event of default under Section 10 hereof) shall be the “Termination Date” and the period between the Start Date and the Termination Date shall be the “Lease Term”. For the avoidance of doubt, Lessee shall be obligated to pay the Lease Payment at least through the Termination Date.

4. LEASE PAYMENTS: Lessee agrees to pay to Moleaer for the Equipment the amount specified in the Equipment Lease Proposal the (“Lease Payment”) each month in advance of the one- month anniversary of the Start Date. The first month’s payment shall include first-month’s Lease Payment, shipping charges and Security Deposit pursuant to Section 7 below, must be made prior to shipment of the Equipment. Payment instructions will be provided on the initial invoice and all subsequently monthly invoices.

If the Start Date is not on the first day of the month or if the Termination Date is not on the last day of a month, the Lease Payment will be prorated accordingly. First and last payment will be due at the commencement of the lease. Lessee may, with a thirty (30) days written notice to Moleaer, terminate the Lease. Lessee acknowledges and agrees that its obligation to pay the Lease Payment under this Agreement is absolute and unconditional under all circumstances and shall not be reduced by or made subject to any set off, counterclaim or deduction that Lessee has or may have in the future.

5. LATE CHARGES: If any amount under this Agreement is more than five (5) days late, Lessee agrees to pay a late fee equal to the greater of A) $75 for every day the payment is late or B) 1% of the monthly Lease Payment if less than 30 days late, 2% of the monthly Lease Payment if between 31 and 60 days late, 3% of the monthly Lease Payment if 61 to 90 days late and 5% of the monthly Lease Payment if greater than 91 days late.

6. INSTALLATION & RESPONSIBILITY OF THE LESSEE: Lessee understands that Moleaer is only responsible to deliver to Lessee the Equipment as defined in Section 2. Moleaer shall provide to the Lessee an installation manual or if not available for whatever reason, instruction on how to install the Equipment properly. Lessee takes complete and total responsibility for the unpacking, installation and operation of the Equipment which may include, but not limited to, the following:

Obtaining any and all required permits, right-of-ways, licenses, and any other regulatory, practical or governmental requirements for the successful installation and operation of the Equipment.

All civil works (foundations, pads, structures, floor drainage systems and any other infrastructure required) to properly and safely support and shelter the Equipment to ensure its proper operation and protection.

Design and install a properly sized feed water / fluid intake and pumping system to include filtration equipment, unless such filtration equipment is included with the Equipment, as required to avoid fouling the nanobubble core technology and to feed the Equipment with a reliable source of water / fluid that meets the minimum specification for volume and pressure.

Design and install a properly sized discharge water / fluid discharge system from the Equipment that meets the minimum specification for volume and pressure and is suitable for successfully carrying out the application’s purpose.

Design and install any required air or gas system, unless such air or gas system is included with the Equipment, that is properly sized and to enable the Equipment to reliably and sustainably perform as intended.

Design and install secondary containment systems if required.

Design and install any other infrastructure or system required to enable and facilitate the Equipment to reliably and sustainably perform as intended.

Installation and operation of the Equipment in a manner that complies with industry standards for protecting the Environment, and the health and safety of those people working directly with or nearby the Equipment

7. SECURITY DEPOSIT: Prior to taking possession of the Equipment, Lessee shall deposit with Moleaer, in trust, a security deposit as outlined in the Equipment Lease Proposal as security for the performance by Lessee of the terms under this Agreement and for any damages caused by Lessee or Lessee’s agents to the Equipment during the Lease Term (the “Security Deposit”). Moleaer may use part or all of the Security Deposit to repair any damage to Equipment caused by Lessee or Lessee’s agents. However, Lessee’s liability hereunder is not limited to the Security Deposit and Lessee shall be liable for any damage to the Equipment and the repair thereof or any additional losses to Moleaer arising out of such damage.

Lessee shall not be permitted to use or apply the security deposit at any time in lieu of payment of Rent or to deduct any portion of the Security Deposit from any month’s Rent. If Lessee breaches any of the terms or conditions of this Agreement, Lessee shall forfeit the Security Deposit, as permitted by law.

8. SHIPPING EXPENSES: Lessee shall be responsible for all expenses and costs for shipping at both the beginning and end of the Lease Term, to and from Moleaer’s premises. Such shipping fees will be paid at the time of the initial invoice.

9. DELIVERY AND ACCEPTANCE OF EQUIPMENT. The receipt and acceptance by the Lessee (as may be evidenced by, but not necessarily limited to, the signature of the Lessee representative on the bill of lading) of the Equipment shall obligate Lessee to continue to pay the Lease Payment and the other sums due hereunder and constitute acknowledgment that the Equipment has been received in good, safe, and serviceable condition and fit for use, unless the Lessee makes a claim to the contrary to Moleaer, via certified mail addressed to the Moleaer’s address shown on the first page of this Agreement within 48 hours of receipt of the Equipment, and the Lessee has noted any defects on the bill of lading at the time of delivery of the Equipment. All delivery and installation arrangements and costs are the sole responsibility to Lessee (unless expressly included in the cost of the Equipment to Moleaer and upon which the Lease payments were computed). Lessee shall specify carriers. Lessee agrees to accept the Equipment when delivered and sign an equipment acceptance and purchase authorization (the “Equipment Acceptance and Purchase Authorization”), if supplied by Moleaer, when all the Equipment has been delivered. Should the Lessee cancel this Lease before the Equipment is delivered or if the Lessee refuses to sign the Equipment Acceptance and Purchase Authorization within seven (7) days after the Equipment is delivered, Moleaer may cancel the Lease. In the event the Equipment, its condition, or its delivery is such as would reasonably justify rejection of the Equipment by any purchaser, Lessee may reject the Equipment. If Lessee elects to reject the Equipment, Lessee agrees that, at its sole cost and expense, Lessee shall immediately notify Moleaer in writing of such rejection and shall comply with all instructions of Moleaer, as well as with all applicable laws dealing with the obligations incurred on rejection of Equipment.

1 0. DEFAULTS: If Lessee fails to perform or fulfill any obligation under this Agreement, Lessee shall be in default of this Agreement. Subject to any statute, ordinance or law to the contrary, Lessee shall have seven (7) days from the date of notice of default by Moleaer to cure the default. In the event Lessee does not cure a default, Moleaer may, at Moleaer’s option, (a) take actions necessary to cure such default, and Lessee shall be obligated to pay to Lessee the cost of taking such actions; or (b) declare Lessee in default of the Agreement. If Lessee shall become insolvent, cease to do business as a going concern or if a petition has been filed by or against Lessee under the any federal or state bankruptcy laws, Moleaer may immediately declare Lessee in default of this Agreement. In the event of default, Moleaer may, as permitted by law, re-take possession of the Equipment. In the event of default, Lessee shall be liable to Moleaer for the full amount of Lease Payments and any other amounts due under this Agreement had the Lease continued; provided, however, that at Lessor’s sole and exclusive option, if the Equipment is re-let, Lessee may be liable only for the difference between the Lease Payment that would have been payable under this Agreement during the balance of the unexpired Lease Term and the actual Lease Payment paid by any successive lessee minus the cost and expenses of such reletting.

1 1 . POSSESSION AND SURRENDER OF EQUIPMENT: Lessee shall be entitled to possession of the Equipment on the first day of the Lease Term. At the expiration of the Lease Term, Lessee shall surrender the Equipment to Moleaer by delivering the Equipment to Moleaer or Moleaer’s agent in good condition and working order, ordinary wear and tear excepted, as it was at the commencement of the Agreement. It shall be Lessee’s responsibility to A) furnish packing boxes or crates for the return of the Equipment to Moleaer sufficient to protect the Equipment from damage during shipment or B) if the equipment is contained within a trailer, Moleaer shall arrange for transportation. In either case A or B in the preceding sentence, Lessee shall be responsible to pay for return costs in accordance with section 8. Lessee agrees to pay the expense of repairing the damage, if any, which may be done to the Equipment during shipment.

1 2. USE OF EQUIPMENT: Lessee shall only use the Equipment in a careful and proper manner and only for the application that the Equipment was provided, and will comply with all laws, rules, ordinances, statutes and orders regarding the use, maintenance and storage of the Equipment.

1 3. CONDITION OF EQUIPMENT AND REPAIR: Lessee or Lessee’s agent has inspected the Equipment and acknowledges that the Equipment is in good and acceptable condition.

1 4. WARRANTIES: Moleaer makes no warranties, express or implied, with respect to this Agreement or the leased Equipment. Without limiting the generality of the foregoing, THE EQUIPMENT IS LEASED “AS IS” AND MOLEAER SPECIFICALLY MAKES NO WARRANTIES, AND EXPRESSLY:

(I)          DISCLAIMS THAT ANY EQUIPMENT IS FREE OF ANY RIGHTFUL CLAIM OF ANY THIRD PERSON BY WAY OF INFRINGEMENT OR THE LIKE;
(II)          DISCLAIMS THAT THE EQUIPMENT IS MERCHANTABLE; AND (III)        DISCLAIMS THAT THE EQUIPMENT IS FIT FOR A PARTICULAR USE.

1 5. INTENDED USE: Lessee shall use the Equipment only in the manner for which it was intended, solely for Lessee’s business purpose as defined on the quote above and in accordance with all applicable manuals and instructions and in compliance with all applicable laws and regulations.

1 6. MAINTENANCE, ALTERATION, DAMAGE AND LOSS: Lessee will, at Lessee’s expense, keep and maintain the Equipment clean and in good working order during the Lease Term, and shall promptly advise Moleaer of any problems with the Equipment. In the event of a problem or a performance related issue with the Equipment, Moleaer will attempt to support the Lessee via telephone to resolve it. If the issue cannot be resolved over the phone and a Moleaer service technician or representative must be dispatched, the equipment will be repaired at no charge to the Lessee. However, if it is determined by the service technician or representative that the equipment is not functioning due to the Lessee’s failure to perform in accordance with this agreement, or some issue outside the control of Moleaer, then the Lessee will be charged $1500 per day for said service technician’s time plus travel and other related applicable expenses for the deployment and services of the Moleaer service technician. All replacement parts and repairs made to or placed upon the Equipment shall become the property of Moleaer. Lessee shall not tamper with, remove or alter any component of the Equipment without prior authorization from Moleaer. Lessee shall be responsible for the full replacement cost of the Equipment if any of the following apply:

Equipment is lost or stolen
Equipment becomes inoperable due to misuse
Equipment is tampered with or modified in any way
Equipment warranty seals are broken

In addition, the obligations of this Agreement shall continue in full force and effect through the Lease Term.

1 7. INSURANCE: Lessee shall be responsible to maintain insurance that covers the Equipment with losses payable to Moleaer against fire, theft, collision, and other such risks as are appropriate and specified by Moleaer. Upon request by Moleaer, Lessee shall provide proof of such insurance.

1 8. ENCUMBRANCES, TAXES AND OTHER LAWS: Lessee shall keep the Equipment free and clear of any liens or other encumbrances, and shall not permit any act where Moleaer’s title or rights may be negatively affected. Lessee shall be responsible for complying with and conforming to all laws and regulations relating to the possession, use or maintenance of the Equipment. Furthermore, Lessee shall promptly pay all assessments, taxes, fees, licenses and governmental charges, together with any penalties or interest thereon, relating to the possession, use or maintenance of the Equipment, now or hereafter imposed by any state, federal, or local government on any item of the Equipment, or the Rent payable thereon, whether the same be payable by or assessed to Moleaer or Lessee. If by law, any registration or license fee or tax is billed to Moleaer, Lessee, at its expense, will do any and all things required to be done by Moleaer in connection with the licensing or registration procedure and the levy or assessment of any tax, including its billing or payment. On request, Lessee shall provide Moleaer with proof of payment and an executed sales tax exemption certificate for the lease of the Equipment.

1 9. MOLEAER’S REPRESENTATIONS: Moleaer represents and warrants that he/she has the right to lease the Equipment as provided in this Agreement and that Lessee shall be entitled to quietly hold and possess the Equipment, and Moleaer will not interfere with that right as long as Lessee pays the Lease Payments in a timely manner and performs all other obligations under this Agreement.

20. LESSEE’S REPRESENTATION: Lessee agrees to run and maintain the Moleaer equipment in accordance with all instructions and specifications as outlined in Section 6.

21 . OWNERSHIP: The Equipment is and shall remain the sole exclusive property of Moleaer.

Lessee has the right only to possess the Equipment until the Termination Date provided the Lessee is not in default. Moleaer shall have the right to enter, with two (2) days’ prior notice, upon the premises where the Equipment is located for the purpose of confirming the existence, condition, and proper maintenance of the Equipment. Lessee shall not affix or attach the leased Equipment to any real property without Moleaer’s prior written consent. The Equipment shall remain personal property regardless of whether it becomes affixed or attached to, or permanently rests on real property or any improvement on real property, unless the Equipment is purchased by Lessee.

22. INTELLECTUAL PROPERTY; CONFIDENTIALITY: Nothing in this Contract conveys any license, right, title or interest in or to the intellectual property of Moleaer to Lessee or any third party.

Without limiting the foregoing, Lessee shall not, and shall not permit or assist any third party to, reverse engineer or otherwise attempt to extract, learn or derive proprietary elements of, the Equipment, in whole or in part, or otherwise attempt to use the Equipment to unfairly compete directly or indirectly with Moleaer. To the extent Lessee obtains the Confidential Information (defined below) of Moleaer (including, for example, pricing information or trade secrets), Lessee shall not use such Confidential Information for any unauthorized purpose or to disclose such Confidential Information to any third party. These restrictions shall not apply to information that Lessee can demonstrate (1) is in the public domain through no fault of Lessee or persons to whom it disclosed such information, (2) was independently developed by or for Lessee prior to receipt from Moleaer or (3) was disclosed to Lessee by a third party with the legal right to do so, free of any restrictions on subsequent disclosure. Lessee also may disclose such Confidential Information to the extent compelled by court order or applicable law, provided that it shall use its best efforts to provide Moleaer with prior written notice thereof and shall cooperate with Moleaer to obtain confidential treatment or a protective order therefor. For purposes of this Agreement, “Confidential Information” means all nonpublic information disclosed by Moleaer or its agents, or otherwise obtained by Lessee, and that is designated as confidential or that, given the nature of the information or the circumstances surrounding its disclosure, reasonably should be considered as confidential.

Lessee agrees that any and all inventions (whether or not patented or patentable), works of authorship, copyrights, trade secrets, know-how, mask works, discoveries, research data, manufacturing methods, industrial designs, formulae, processes, technical information, and any other information that is or may be protectable or claimed as proprietary under the laws of any jurisdiction that it may develop regarding the installation or use of the Equipment through the lease or rental of such Equipment in any application shall be solely owned by Moleaer. Lessee shall assign (and hereby does assign) and shall cause its respective employees, agents and contractors to assign, without further consideration, the ownership of any such intellectual property to Moleaer. Lessee shall perform, upon the reasonable request of Moleaer, such further acts as may be necessary or desirable to transfer ownership of, and to perfect and defend, such intellectual property in order to give effect to Moleaer’s ownership thereof, including full assertion and litigation support.

23. LIMITATION ON MOLEAER LIABILITY: To the fullest extent permitted by law, the total liability, in the aggregate, of Moleaer to Lessee, and anyone claiming by, through, or under Lessee for any claims, losses, costs, or damages whatsoever arising out of, resulting from or in any way related to the Equipment or this Agreement from any cause or causes, including but not limited to negligence, professional errors and omissions, strict liability, breach of contract, or breach of warranty, shall not exceed the amount of Lease Payment actually paid by Lessee to Moleaer in connection with this Agreement. Lessee expressly disclaims, and acknowledges that Moleaer shall not be liable for, consequential, incidental, punitive, exemplary, special or indirect damages under any claim arising under this Agreement or the Equipment, whether in tort, contract, under statute or otherwise.

24. SEVERABILITY: If any part or parts of this Agreement shall be held unenforceable for any reason, the remainder of this Agreement shall continue in full force and effect. If any provision of this Agreement is deemed invalid or unenforceable by any court of competent jurisdiction, and if limiting such provision would make the provision valid, then such provision shall be deemed to be construed as so limited.

25. ASSIGNMENT: Without the prior written consent of Moleaer, Lessee shall not sublet, lend, pledge, or assign this Agreement, the Lease, the Equipment or any interest thereon, or permit any, lien, charge, or encumbrance thereon. Lessee will not relinquish nor abandon possession of the Equipment to any party other than to the Moleaer. Moleaer may at any time assign to any bank, or other financial institution, or any person, firm, or corporation, all or part of its right, title and interest in and to this Agreement, the Lease, the Equipment and any monies to become due to the Moleaer hereunder, and Moleaer may grant security interests in the Equipment, subject to the Lessee’s right therein as set forth in this Lease, and in such events, all the provisions of this Lease for the benefit of Moleaer shall inure to the benefit of and be exercised by or on behalf of such assignee. All Lease Payments and any other payments due and to become due under this Lease and assigned by Moleaer shall be paid directly to assignee, upon notice of such assignment to Lessee.

26. BINDING EFFECT: The covenants and conditions contained in the Agreement shall apply to and bind the Parties and the heirs, legal representatives, successors and permitted assigns of the Parties.

27. GOVERNING LAW: This Agreement shall be governed by and construed in accordance with the laws of the State of California.

28. NOTICE: Any notice required or otherwise given pursuant to this Agreement shall be in writing and mailed certified return receipt requested, postage prepaid, or delivered by overnight delivery service to:

Lessee:

See Lessee contact information on the quote above

Moleaer:

Moleaer Inc.

Attn: Nick Dyner
20800 Belshaw Ave
Carson, CA 90746

Either party may change such addresses from time to time by providing notice as set forth above.

29. ENTIRE AGREEMENT: This Agreement constitutes the entire agreement between the Parties and supersedes any prior understanding or representation of any kind preceding the date of this Agreement. There are no other promises, conditions, understandings or other agreements, whether oral or written, relating to the subject matter of this Agreement. This Agreement may be modified in writing and must be signed by both Moleaer and Lessee.

30. CUMULATIVE RIGHTS: Moleaer’s and Lessee’s rights under this Agreement are cumulative, and shall not be construed as exclusive of each other unless otherwise required by law.

31 . WAIVER: The failure of either party to enforce any provisions of this Agreement shall not be deemed a waiver of limitation of that party’s right to subsequently enforce and compel strict compliance with every provision of this Agreement. The acceptance of Lease Payments by Moleaer does not waive Moleaer’s right to enforce any provisions of this Agreement.

32. INDEMNIFICATION: Except for damages, claims or losses due to Moleaer’s acts or negligence, Lessee, to the extent permitted by law, will indemnify and hold Moleaer and Moleaer’s property, free and harmless from any liability for losses, claims, injury to or death of any person or for damage to property arising from Lessee using and possessing the Equipment or from the acts or omissions of any person or persons, including Lessee, using or possessing the Equipment with Lessee’s express or implied consent.

IN WITNESS WHEREOF, the parties have caused this Agreement to be executed the day and year first above written.

PROPOSITION 1 - ROUND 2 INTEGRATED

REGIONAL WATER MANAGEMENT

IMPLEMENTATION GRANT
Technical Report
Lake Elsinore, California
Submitted to:

City of Lake Elsinore
130 South Main Street
Lake Elsinore, CA 92530
Submitted by:

GEI Consultants, Inc.
5901 Priestly Drive, Suite 301
Carlsbad, CA 92008
November 19, 2025
Project No. 2502831

________________________________________
John Rudolph
Senior Aquatic Ecologist
________________________________________
Chris Stransky
Senior Aquatic Scientist

GEI Consultants, Inc. 1 Table of Contents
Acronyms and Abbreviations .................................................................................... 3

1. Introduction ......................................................................................................... 4

1.1. Background 4

2. Methodology ........................................................................................................ 6

2.1. Monitoring Methods – Data Sources 6

2.1.1. Moleaer In-Situ Sondes 6

2.1.2. EVMWD In-Situ Sondes 8

2.1.3. TMDL DO Measurements at EVMWD In-Situ Sonde Locations 9

2.1.4. LEAMS Effectiveness Water Quality Profiles 9

2.1.5. Synoptic Lake Wide DO Measurements 9

3. Results ................................................................................................................. 13

3.1. Moleaer In-Situ Sondes 13

3.2. EVMWD In-Situ Sondes 14

3.3. TMDL DO Measurements at EVMWD In-Situ Sonde Locations 19

3.4. LEAMS Effectiveness Water Quality Profiles 20

3.5. Synoptic Lake Wide Bottom DO Measurements 25

4. Conclusion ......................................................................................................... 28

5. References ......................................................................................................... 30

List of Tables
Table 2-1. Monitoring Methods ...................................................................................................... 6 Table 2-2. Moleaer In-situ Sonde Locations .................................................................................... 7 Table 2-3. EVMWD In-Lake Monitoring Buoys ................................................................................ 9 Table 2-4. TMDL Station Location ................................................................................................... 9 Table 2-5. Synoptic Lake Wide DO Monitoring Sites .................................................................... 11 Table 3-1. In-Situ TMDL Bottom DO Measurements Pre- and Post-Moleaer Unit Installation at EVMWD Sonde Locations ............................................................................................. 19

List of Figures
Figure 2-1. Moleaer Nanobubble Barge and Sonde Locations, and EVMWD Buoy Locations ....... 8 Figure 2-2. Synoptic Lake-wide DO Locations ............................................................................... 12 Figure 3-1. Pilot Barge Sonde Monthly Average Bottom DO – 2024/2025................................... 13

GEI Consultants, Inc. 2 Figure 3-2. Pilot Barge 250’ NW Sonde Monthly Average Bottom DO – 2024/2025 .................... 14 Figure 3-3. Monthly DO (5-6m depth) Averages Reported by the EVMWD In Situ Sondes - July 2023 to August 2025 .................................................................................................... 15 Figure 3-4. Monthly (5-6m depth) DO Ranges Reported by the EVMWD In Situ Sondes - July 2023 to August 2025 .................................................................................................... 16 Figure 3-5. Annual Combined Bottom (5-6m depth) DO Measurements Reported by the EVMWD In Situ Sondes - July 2023, 2024, and 2025 .................................................................. 17 Figure 3-6. Annual Combined DO Measurements (5-6m depth) Reported by the EVMWD In Situ Sondes - August 2023, 2024, and 2025 ........................................................................ 18 Figure 3-7. TMDL In-Situ DO Measurements at EVMWD Sonde Locations 0.5-m from the Bottom - July 2019 to October 2025 ......................................................................................... 20 Figure 3-8. LEAMS Effectiveness Vertical Water Quality Profiles - 2021 to 2025 ......................... 22 Figure 3-9. LEAMS Effectiveness Vertical Water Quality Profiles - 2021 to 2025 ......................... 24 Figure 3-10. LEAMS Effectiveness Vertical Water Quality Profiles – Mean Dissolved Oxygen Pre and Post Nanobubble Installation at Each Meter Depth Across Stratified and Destratified Periods ...................................................................................................... 25 Figure 3-11. Lake-wide Synoptic DO Measurements Near the Sediment Surface - June 2025 .... 26 Figure 3-12. Lake-wide Synoptic DO Measurements Near the Sediment Surface - September 2025 .............................................................................................................................. 27

GEI Consultants, Inc. 3 Acronyms and Abbreviations
DO Dissolved Oxygen
EVMWD Elsinore Valley Municipal Water District
HABs Harmful Algal Blooms
LESJWA Lake Elsinore & San Jacinto Watersheds Project Authority mg/L Milligram per liter
ORP Oxidation Reduction Potential
TMDL Total Maximum Daily Load

GEI Consultants, Inc. 4

1. Introduction
The purpose of this document is to evaluate the effectiveness of the Moleaer nanobubble units deployed at Lake Elsinore as part of Proposition 1, Round 2 (Prop 1, Round 2) Integrated Regional Water Management Implementation (IRWM) Grant funding. The data collection and subsequent analysis was performed according to Lake Elsinore Prop 1, Round 2 Project Monitoring Plan (PMP).

1.1. Background
Lake Elsinore (Lake) is the largest natural freshwater lake in Southern California and supports a range of beneficial uses, including water contact and non-contact recreation, commercial and sportfishing, and aquatic and terrestrial habitat for a wide range of species. Despite its natural origin, the Lake has undergone significant hydrological and structural modifications over time including the construction of a levee at its southern end and the ongoing supplementation of up to 6.0 million gallons per day of treated recycled water by the Elsinore Valley Municipal Water District (EVMWD) to support recreational uses and maintain water levels. However, the Lake continues to experience significant water quality challenges due to its unique physical characteristics.

Lake Elsinore is a shallow, terminal, water body that lacks a recurrent natural outflow. These characteristics allow nutrients to accumulate over time leading to eutrophication, including an overgrowth of algae, low levels of dissolved oxygen (DO), and occasional fish kills. Historically, the Lake has suffered from persistently low DO levels, particularly in the deeper areas and during warmer months as the lake stratifies. These hypoxic and anoxic conditions have promoted the internal release of nutrients, such as phosphorus, from the lakebed sediment further fueling harmful algal blooms (HABs).

The 2004 Total Maximum Daily Load (TMDL) established a numeric target for DO in Lake Elsinore of no less than 5.0 mg/L within the bottom one meter of the water column. Despite targeted management actions, including reducing the lake’s surface area and implementing a lake-wide aeration system, achieving this DO target has remained challenging. The most recent 2024-2025 Lake Elsinore and Canyon Lake Watersheds Nutrient TMDL Annual Monitoring Report records a lake-wide average DO of

3.1 mg/L in the bottom 1-meter of the water column, with the previous five years reporting lake wide averages in the bottom 1-meter ranging from 2.9 - 4.8 mg/L. To address this deficiency, the City of Lake Elsinore, in coordination with the Lake Elsinore and San Jacinto Watersheds Authority (LESJWA), has implemented multiple in-lake water quality improvement projects. Most notably, the City of Lake Elsinore purchased and deployed three Moleaer nanobubble units in 2024, with one in February and two in October of that year.

A pilot study was conducted in 2022 with funding from the State of California Prop 1, Round 1 IRWM Implementation Grant, to explore new algal bloom mitigation strategies for Lake Elsinore. The study evaluated several in-situ technologies for their ability to reduce algal biomass and improve water quality within mesocosms under real-world conditions during a historic peak bloom. These included the Moleaer nanobubble unit, biological treatments, chemical algaecides, and algal biomass harvesting technologies. All of the treatments evaluated, though showing limited success during this pilot study, showed some level of effectiveness as being part of an ultimate solution for Lake Elsinore based on a

GEI Consultants, Inc. 5 history of use and documented success stories in other water bodies. A companion stand-alone report was recommended to further assess the feasibility and costs for each of the treatment alternatives for larger-scale application in Lake Elsinore. The Moleaer treatments in this study did provide some benefit in the form of stabilizing the DO concentration throughout the water column, preventing stratification of DO and also preventing substantial drops in DO. Based on promising results from small-scale nanobubble technology, Moleaer’s nanobubble units were scaled up for a Phase 2 lake-wide implementation to evaluate its overall effectiveness and feasibility in increasing DO and improving water quality.

The implementation of Moleaer nanobubble systems aims to increase DO levels throughout the lake and reduce internal release of phosphorus. The system operates by generating pure oxygen from air, dissolving into pumped lake water, and returning supersaturated DO water to the lake. Nanometer-sized bubbles are formed in the dissolution process that are neutrally buoyant and remain suspended throughout the water column due to random Brownian motion. The underlying principle is that these nanobubbles, with their high surface area and extended residence time, facilitate more efficient DO transfer compared to traditional aeration systems. By increasing DO levels lake-wide, particularly at the sediment-water interface, the system helps suppress internal nutrient loading from sediments, which has been identified as contributing up to 75% of the Lake’s annual nutrient input, while at the same time reducing the likelihood of fish kills and contributing to overall improvements in lake water quality and ecosystem health.

GEI Consultants, Inc. 6

2. Methodology

2.1. Monitoring Methods – Data Sources
Five data types were selected to quantify the effectiveness of the Moleaer nanobubble units as it relates to improvements in DO throughout the Lake. A summary of the data types is listed in Table 2-1.

1. Continuous in-situ DO sondes installed by Moleaer

2. Continuous DO data in-situ DO sondes installed by EVMWD

3. TMDL DO measurements recorded at the EVMWD in-situ sonde locations during routine monitoring events (8 per year)

4. Full-depth water quality profiles at Station LE02 (mid-lake) record during monthly monitoring events to evaluate the effectiveness of the existing Lake Elsinore Aeration and Mixing System (LEAMS).

5. Synoptic lake wide bottom water DO measurements recorded during two monitoring events performed by GEI Consultants in June and September 2025 Table 2-1. Monitoring Methods
Data Type Depth Measurement Frequency Responsible Party Moleaer In-Situ Data Sondes Surface, Mid, and Near
Bottom Every 2 hours City of Lake Elsinore
EVMWD In-Situ Data Sondes 1-m increments surface
to 6-m Hourly EVMWD
TMDL Monitoring Water Quality
Profiles
1-m increments from
Surface to 0.5-m from
bottom
Eight monitoring events annually:

Monthly during the summer period (June-
September), bi-monthly during the
remainder of the year (October-May)
LESJWA
LEAMS Effectiveness Water Quality
Profiles
1-m increments from
Surface to 0.5-m from
bottom
Monthly monitoring events EVMWD
Lake-wide Synoptic DO Monitoring 0.5 meters from bottom Two monitoring events: June and September 2025 at 29 lake wide stations City of Lake Elsinore

2.1.1. Moleaer In-Situ Sondes
Three Moleaer nanobubble units have been installed in Lake Elsinore. The first unit, known as the Pilot Barge, was installed on the Lake’s eastern shore in January 2024 and began full operation as a pilot program in February 2024. The Pilot Barge delivers approximately 500 pounds of oxygen per day to the lake in the form of nanobubbles. In October 2024, two additional barges of identical size were installed:

Launch Point Barge and Elm Grove Beach Barge. Each of these newer units injects 2,500 pounds of oxygen per day into the lake. Thus, a total of 5500 pounds of oxygen is delivered by the three nanobubble barges since October 2024. This amount of oxygen delivery amounts to about one third of

GEI Consultants, Inc. 7 the estimated lake wide summertime oxygen demand (~15,000 lbs/day) from lake bottom sediment (EVMWD, 2025a).

Multi-parameter in-situ sondes were installed 1-m above the sediment at eight locations, both adjacent to and more distant from the barges, to continuously monitor water quality. Measurements are recorded every two hours, providing high-frequency data to assess spatial and temporal variations in lake water quality conditions. Of the eight sondes deployed, only two have continuously collected data without requiring maintenance or repairs since installation including, 1) Pilot Barge sonde and 2) Pilot Barge 250’ NW sonde (see Table 2-2 and Figure 2-1). The Pilot Barge sonde was mounted near the output of the nanobubble unit, while the Pilot Barge 250’ NW sonde was mounted 250 feet to the northwest of the Pilot Barge. DO data from these two sondes spanning January 2024-May 2025 were accessed from the Moleaer HydroVu dashboard. Raw datasets from these near-bottom sondes were selected and exported in CSV format with parameters including date, time, and DO (mg/L). The CSV files were then imported into a central master workbook and organized by Site ID, Date, Time, and DO. All timestamps were standardized to Pacific Time and checked for consistency. DO data from January 2024-May 2024 and January 2025-May 2025 were selected for analysis as these overlapping seasonal periods enable direct comparison of conditions before and after the installation of all Moleaer units. Values outside the expected range for bottom DO in Lake Elsinore (i.e., outlier data) based on typical historic records (GEI Consultants, Inc., 2025b) were flagged and removed. Cleaned and validated DO records for bottom water were compiled into a summary table for each sonde location, with monthly averages calculated to support trend analysis and comparison to other data sources.

Table 2-2. Moleaer In-situ Sonde Locations
Sonde ID Latitude Longitude
Pilot Barge 250’ NW* 33.671617 -117.343892
Pilot Barge 250’ SE 33.670794 -117.342567
Pilot Barge 1000’ NW 33.672811 -117.346256
Pilot Barge* 33.671622 -117.343433
Site 2 33.665226 -117.344854
Site 3 33.652374 -117.346370
Launch Point 33.673208 -117.364331
Elm Grove Beach 33.664428 -117.335111
*Indicates data sondes used for this evaluation

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Figure 2-1. Moleaer Nanobubble Barge and Sonde Locations, and EVMWD Buoy Locations

2.1.2. EVMWD In-Situ Sondes
EVMWD maintains two long-term, fixed-location in-situ sondes in Lake Elsinore: the Lakeshore Sonde and the Grand Avenue Sonde (Table 2-3, Figure 2-1), located approximately 3,462 feet and 4,698 feet, respectively, from the nearest nanobubble unit. These instruments collect hourly measurements of multiple water quality parameters, including dissolved oxygen (DO), at 1-meter depth intervals beginning 1 meter below the surface. During the evaluation period, the sondes recorded data to depths of 5 or 6 meters, depending on the lake’s water elevation. However, they did not capture bottom, near-sediment DO measurements during this period, with the deepest measurements remaining approximately 2-3 meters above the true lakebed at each sonde location. EVMWD staff provided pre-cleaned and annotated data for July 2023 to August 2025 in Excel spreadsheet format with notes regarding calibration events, inspection and maintenance activities, instrument downtime, and known data gaps or flags. Each dataset included date/time, depth, temperature, specific conductivity, total dissolved solids, pH, turbidity, DO (mg/L and sat %), and oxidation-reduction potential (ORP). For this evaluation, the following fields were extracted and retained: 1) date/time, 2) depth, and 3) dissolved oxygen (mg/L).

Additional screening steps included removing clearly erroneous values, if any, and extracting DO data for both sonde’s deepest depth measurements (5 to 6 meters). Monthly averages of the deepest depth measurements were calculated for comparative analysis pre- and post-installation of the Moleaer nanobubble units.

GEI Consultants, Inc. 9 Table 2-3. EVMWD In-Lake Monitoring Buoys
Buoy Latitude Longitude
Lakeshore Buoy 33.665714 -117.352880
Grand Avenue Buoy 33.660523 -117.352397

2.1.3. TMDL DO Measurements at EVMWD In-Situ Sonde Locations Depth profile readings for temperature, specific conductivity, DO, pH, turbidity, and ORP are recorded at 1-meter increments from the surface to 0.5-meter from the bottom at the Lakeshore and Grand Avenue Sonde locations during routine TMDL monitoring events. A handheld YSI ProDSS is used to take measurements to verify that the EVMWD sonde sensors are functioning correctly and providing accurate data. DO data recorded 1-meter from the bottom were compiled from field sampling logs included in previous TMDL annual monitoring report appendices spanning July 2019 to June 2025, as well as field sampling logs from Summer 2025 monitoring events. Although the EVMWD in-situ sondes collect DO measurements from the surface to a depth of 5-6 meters, these sondes do not provide a true bottom, near-sediment measurement. The depth profile readings taken during routine TMDL monitoring events provide near-sediment measurements (within 1-meter from the bottom) and were therefore used to compare bottom DO levels from Moleaer sondes and lake-wide surveys pre and post-Moleaer nanobubble unit installation.

2.1.4. LEAMS Effectiveness Water Quality Profiles
Depth profile readings for temperature, specific conductivity, DO, pH, turbidity, and ORP using a handheld YSI ProDSS are recorded at 1-meter increments from the surface to 0.5-meter from the bottom at the mid-lake TMDL monitoring location LE02 (Table 2-4). DO data recorded 1-meter increments top- to-bottom were compiled from field sampling logs spanning January 2021 to November 2025.

Table 2-4. TMDL Station Location
TMDL Station Latitude Longitude
LE02 33.663341 -117.354213

2.1.5. Synoptic Lake Wide DO Measurements
DO measurements were collected during two lake-wide synoptic sampling events in June and September 2025. Each lake-wide survey was conducted over two mornings within a 2-hour window to ensure complete spatial coverage while minimizing diel variability. During each event, DO was measured using a handheld YSI ProDSS within 0.5-meters of the bottom at 29 locations around the Lake (Table 2-5, Figure 2-3). Measurements were collected between 8:00 a.m. and 10:00 a.m. to capture early morning DO prior to daytime thermal stratification, algal photosynthetic activity, and potential wind-related mixing.

All measurements were recorded in field sampling logs and subsequently digitized into structured Excel

GEI Consultants, Inc. 10 spreadsheets for analysis. As part of the QA/QC process, all digitized entries were independently verified against original field logs to ensure transcription accuracy. Any questionable values were resolved using field notes and instrument calibration records. After QC validation, DO data were used to assess spatial variation in DO concentration within 1-meter from the bottom across the lake, as well as compare seasonal DO conditions during two key periods of the year when historical measures have shown DO concentration to be low.

GEI Consultants, Inc. 11 Table 2-5. Synoptic Lake Wide DO Monitoring Sites
Site ID Latitude Longitude
LE-DO-1 33.6678 -117.3774
LE-DO-2 33.6640 -117.3716
LE-DO-3 33.6601 -117.3657
LE-DO-4 33.6563 -117.3599
LE-DO-5 33.6525 -117.3541
LE-DO-6 33.6486 -117.3483
LE-DO-7 33.6448 -117.3425
LE-DO-8 33.6410 -117.3366
LE-DO-9 33.6372 -117.3308
LE-DO-10 33.6711 -117.3717
LE-DO-11 33.6684 -117.3675
LE-DO-12 33.6647 -117.3617
LE-DO-13 33.6609 -117.3558
LE-DO-14 33.6571 -117.3499
LE-DO-15 33.6534 -117.3440
LE-DO-16 33.6496 -117.3381
LE-DO-17 33.6458 -117.3323
LE-DO-18 33.6729 -117.3635
LE-DO-19 33.6692 -117.3576
LE-DO-20 33.6655 -117.3517
LE-DO-21 33.6617 -117.3458
LE-DO-22 33.6580 -117.3399
LE-DO-23 33.6543 -117.3339
LE-DO-24 33.6784 -117.3585
LE-DO-25 33.6747 -117.3527
LE-DO-26 33.6709 -117.3468
LE-DO-27 33.6671 -117.3409
LE-DO-28 33.6633 -117.3351
LE-DO-29 33.6596 -117.3292

GEI Consultants, Inc. 12 Figure 2-2. Synoptic Lake-wide DO Locations

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3. Results

3.1. Moleaer In-Situ Sondes
Following the installation of the second two Moleaer nanobubble units on Lake Elsinore in October 2024, average monthly bottom dissolved oxygen levels increased in 2025 compared to the same period in 2024. From January to May 2024, the bottom DO levels measured at the Pilot Barge Buoy sonde exhibited a declining trend from January (6.1 mg/L) through May (4.8 mg/L). Conversely, in 2025 bottom DO levels remained relatively stable and elevated relative to 2024, ranging between 6.0 and 7.5 mg/L across all five months (Figure 3-1). The Pilot Barge 250’ NW sonde exhibited a similar trend, with 2025 DO levels consistently exceeding those in 2024 from January to May (Figure 3-2). While these sondes sit near-bottom, they are located in the littoral zone in only 4-6 meters of water along the perimeter of the Lake, an area where wind mixing can bring higher oxygen water to the bottom. Despite the shallow depth of these sondes, interannual comparisons of dissolved oxygen pre and post-installation of Moleaer nanobubble units would provide valuable information on their effectiveness.

Figure 3-1. Pilot Barge Sonde Monthly Average Bottom DO – 2024/2025

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Figure 3-2. Pilot Barge 250’ NW Sonde Monthly Average Bottom DO – 2024/2025

3.2. EVMWD In-Situ Sondes
Both the Lakeshore and Grand sondes recorded increases in dissolved oxygen concentrations following the installation of the three Moleaer nanobubble units in October 2024 (Figure 3-3, Figure 3-4). At the Lakeshore sonde, mean DO levels at 6-meters depth increased from 2.6 mg/L in October 2024 to 8.5 mg/L in November 2024. Similarly, mean DO levels recorded at 6 meters at Grand sonde increased from

1.2 mg/L to 7.8 mg/L during the same time period. Across the period of interest, DO levels for both sondes remained above hypoxic levels throughout the winter and early spring months, with seasonal declines in the late spring as the lake began to stratify. Despite seasonal declines, monthly DO averages and ranges remained consistently higher in 2025 relative to those across the same period in 2024, with any seasonal declines somewhat muted after installation of the nanobubble units. Beginning in February 2025, the Grand Avenue sonde recorded consistently lower DO values compared to the Lakeshore Sonde. This trend could be influenced by Grand Avenue sonde location being further from the nearest nanobubble unit, and as the lake began to stratify in mid-Spring lower DO at this location became apparent. The Grand Avenue sonde is located between Synoptic Study locations 13 and 14 where the lowest lake wide DO levels were observed in the synoptic survey (see Section 3.4). Although these sondes do not collect true bottom DO measurements, they have been recording DO measurements

GEI Consultants, Inc. 15 consistently at 5 to 6 meters below the surface pre- and post-nanobubble unit installation, which allows for yearly comparisons at similar depth.

Mean DO levels at the Lakeshore and Grand Avenue sonde locations were consistently low in both July 2023 and July 2024 (<1.5 mg/L). Statistically significant increases in DO levels were observed in July 2025 relative to July 2024 at both Lakeshore (n=1468, p < 0.0001) and Grand (n=848, p < 0.0001) sondes after all three units were in operation (Figure 3-5). Dissolved oxygen concentrations at both the Lakeshore and Grand Avenue sondes remained consistently low during August 2023 and August 2024, with mean values below 2.5 mg/L. A statistically significant increase in DO was observed in August 2025 at the Lakeshore sonde (n = 1,328; p < 0.001), where the mean concentration rose to 6.5 mg/L, well above hypoxic thresholds (Figure 3-6). For most of Summer 2025, Grand Avenue sonde (further from barges) experienced malfunction and required various parts to be replaced. Staff were able to order and install replacement parts, and calibrate the sonde, which allowed for some data to be collected in July 2025, but the sonde continued to experience communication issues which kept the sonde inoperable through August 2025.

*No Grand Sonde data for May, June, and August 2025 due to sonde maintenance/repairs Figure 3-3. Monthly DO (5-6m depth) Averages Reported by the EVMWD In Situ Sondes - July 2023 to August 2025

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Figure 3-4. Monthly (5-6m depth) DO Ranges Reported by the EVMWD In Situ Sondes - July 2023 to August 2025 (boxes represent 25th and 75th percentiles, bar represents the mean, whiskers represent max/min values) * - No Lakeshore or Grand Sonde data for these months due to sonde maintenance and/or repairs

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Figure 3-5. Annual Combined Bottom (5-6m depth) DO Measurements Reported by the EVMWD In Situ Sondes - July 2023, 2024, and 2025
(boxes represent 25th and 75th percentiles, bar represents the mean, whiskers represent max/min values)

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Figure 3-6. Annual Combined DO Measurements (5-6m depth) Reported by the EVMWD In Situ Sondes - August 2023, 2024, and 2025
(boxes represent 25th and 75th percentiles, bar represents the mean, whiskers represent max/min values)

GEI Consultants, Inc. 19

3.3. TMDL DO Measurements at EVMWD In-Situ Sonde Locations In early 2024, bottom DO concentrations measured next to the Lakeshore and Grand sondes as part of the routine TMDL monitoring were well below historical averages. DO concentrations recorded in February 2024 in support of the TMDL monitoring were 0.27 mg/L at Lakeshore and 0.33 mg/L at Grand sonde locations, 2 weeks after the first nanobubble unit Pilot Barge became operable (Table 3-1).

Moderate increases were observed in April 2024 (3.15 and 3.71 mg/L) and June 2024 (1.74 and 2.72 mg/L). Following installation of the additional two nanobubble units in October 2024, DO concentrations exhibited an increase. Dissolved oxygen levels near the sediment surface in October 2024 increased to

3.32 mg/L at Lakeshore and 2.63 mg/L at Grand, exceeding the 2019 to 2023 historical average for that month. By December 2024, bottom DO concentrations reached the highest observed levels that year at

8.91 mg/L at Lakeshore and 10.22 mg/L at Grand.

While somewhat variable, improvements in bottom DO levels were observed in 2025. In February 2025, concentrations reached 3.65 mg/L at the Lakeshore site and 3.03 mg/L at Grand Avenue. While these values are below the historical mean, both were higher than levels recorded in February 2024. Bottom DO in April 2025 was notably lower than historical values likely due to seasonal variability, falling below both the historical mean and 2024 values in these months, however notable increases were observed in mid to late summer when the lake typically stratifies and bottom DO is very low. July, September, and October 2025 were the only summer and early fall months since 2015 (aside from a single occurrence in October 2018) during which DO concentrations at a mid-lake monitoring location met the TMDL target of greater than 5 mg/L at 1-meter above the lake bottom.

Table 3-1. In-Situ TMDL Bottom DO Measurements Pre- and Post-Moleaer Unit Installation at EVMWD Sonde Locations
Month
Historical Average DO 1m-
from bottom
(2019-2023)
2024 DO 1m-from bottom 2025 DO 1m-from bottom
Lakeshore Grand Lakeshore Grand Lakeshore Grand
February 8.22 8.58 0.27 0.33 3.65 3.03
April 6.25 6.45 3.15 3.71 0.35 0.36
June 0.48 0.79 1.74 2.72 0.19 0.32
July 0.61 0.15 0.18 0.22 5.20 3.10
August 0.66 1.27 1.28 3.25 1.21 0.79
September 2.31 2.83 1.91 2.32 6.71 7.45
October 0.34 0.25 3.32 2.63 5.08 5.83
December 4.75 3.85 8.91 10.22 --- ---
- Greyed cells indicate monitoring dates when all three nanobubble units were online.

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Figure 3-7. TMDL In-Situ DO Measurements at EVMWD Sonde Locations 0.5-m from the Bottom - July 2019 to October 2025

3.4. LEAMS Effectiveness Water Quality Profiles
Vertical dissolved oxygen (DO) profiles (Figures 3-8 and 3-9) were derived from monthly LEAMS effectiveness water column measurements collected at TMDL Station LE02, located near the lake’s central basin. While interannual variability in DO distributions is evident, likely influenced by weather- related factors such as precipitation and ambient air temperature, consistent seasonal and depth-related patterns in DO concentration are apparent. There appears to be a sustained increase in summer hypolimnetic DO beginning in mid-2024, then another step up in late 2024 that persists into 2025.

Analysis of summer hypolimnetic DO concentrations (≥4 m depth) from June through September reveals that during the 2021–2023 period, mean DO levels remained near 1.0 mg/L. Hypoxic conditions (DO ≤2 mg/L) were prevalent, affecting 77% of deep-water observations during these months. Bottom, near- sediment (with 1-meter of bottom) DO during peak stratification (July–August) was frequently anoxic, averaging approximately 0.4 mg/L.

Following the installation of the first nanobubble oxygenation system in February 2024, hypolimnetic DO during the summer of 2024 increased to a mean of 3.4 mg/L, with hypoxia frequency declining to 42%.

After two additional systems were installed in October 2024, an increase in DO was observed in November 2024, with a +6.45 mg/L rise relative to November 2023. However, a similar increase was

GEI Consultants, Inc. 21 observed between November 2021-2022 prior to any system installation, suggesting that seasonal destratification and cooling may also contribute to reoxygenation of the water column. Despite this confounding factor, the sustained improvement into summer 2025, where mean hypolimnetic DO reached 5.1 mg/L and hypoxia frequency dropped further to 26%, indicates a cumulative effect of oxygenation. This transition marks a shift from persistent summer hypoxia to improved oxygen conditions at depth, and while this shift was evident during cooler months when the lake was destratified, it was more pronounced during summer months (June-September) when the lake was stratified (Figure 3-10).

In addition to improvements in the hypolimnion, increases in DO were also observed in the mid-column and surface layers. Surface and near-surface waters (0–2 m), which were already the most oxygenated portion of the water column, showed further increases beginning in early 2024 and continuing into 2025.

While increases in these upper layers were largely restricted to stratification periods during summer months, mean summer DO in this layer ranged from 3.7 to 5.9 mg/L during 2021–2023, rising to 6.6 mg/L in 2024 and 7.4 mg/L in 2025. These gains were most pronounced during peak stratification months (July–August), when oxygen stress typically intensifies.

The upper mid-column (3–4 m depth), representing the shallow metalimnion, also exhibited improvement, again most pronounced during summer months. During July and August of 2021 and 2022, DO concentrations ranged from 1.8 to 3.9 mg/L. In 2023, this layer became nearly anoxic, with DO values of 0.18 and 0.13 mg/L, respectively for these two months. Following installation of the Moleaer nanobubble units, the DO in July and August 2024 increased to 6.7 and 5.2 mg/L, and further to 7.3 and

8.7 mg/L in 2025, respectively.

These results show that while a decreasing DO gradient with depth is still evident, collectively the data demonstrate a water column improvement in oxygen conditions following installation of nanobubble units, with the most pronounced and ecologically relevant changes occurring in the hypolimnion and upper metalimnion during the summer stratification period.

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Figure 3-8. LEAMS Effectiveness Vertical Water Quality Profiles - 2021 to 2025

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Figure 3-9. LEAMS Effectiveness Vertical Water Quality Profiles - 2021 to 2025

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Figure 3-10. LEAMS Effectiveness Vertical Water Quality Profiles – Mean Dissolved Oxygen Pre and Post Nanobubble Installation at Each Meter Depth Across Stratified and Destratified Periods
(Pre-Installation = Jan 2021 to Sept 2024, Post-Installation = Oct 2024 to Nov 2025)

3.5. Synoptic Lake Wide Bottom DO Measurements
A synoptic study was conducted in June and September 2025 in which bottom DO was measured at 29 locations across Lake Elsinore. In June 2025, lake-wide bottom DO concentrations for this effort ranged from 0.24 to 7.4 mg/L, with a lake wide bottom mean of 3.0 mg/L (Figure 3-11). Elevated DO concentrations were measured near the southwestern shoreline and in areas adjacent to the nanobubble units, while lower DO concentrations were found in the central and southern portions of the Lake, which are located farther from the nanobubble systems. During the June 2025 synoptic survey, a low value of 0.24 mg/L mid-lake corresponds with similar low near-sediment DO values in June measured as part of the TMDL monitoring program at the mid-lake LE02 location (0.22 mg/L) and the two EVMWD sondes (0.19 and 0.32 mg/L). An exception to the generally lower DO values in the extreme southern region of the lake were two measurements showing elevated concentrations (6.4 and

7.4 mg/L), likely attributable to the shallow depth (2.7 and 3.2 meters, respectively) in that area.

Reduced stratification and enhanced surface interaction in these shallow zones promote greater oxygen transfer, explaining the localized increase in DO. By September 2025, lake-wide bottom DO increased substantially, ranging from 3.5 to 8.8 mg/L, with a lake wide mean of 6.8 mg/L and most of the lake meeting the TMDL target of >5 mg/L measured 1-meter above the lakebed (Figure 3-12).

GEI Consultants, Inc. 26 As a separate evaluation, Dr. Michael Anderson (UC Riverside, retired) conducted an AEM3D model simulation for the dates of the September 2025 synoptic survey, which excluded oxygen inputs from the nanobubble systems. The model simulation produced a DO concentration pattern consistent with those observed during the September 2025 synoptic study. Notably, the model predicted elevated bottom DO concentrations mid-lake, closely matching field measurements from the synoptic survey. Air temperatures during the week of the synoptic study were substantially lower than the preceding and following weeks, potentially enhancing vertical mixing and facilitating oxygen transport to deeper layers.

These results suggest it is possible that natural convective mixing and short-term cooling could have contributed to the observed increases in bottom DO in September 2025.

Figure 3-11. Lake-wide Synoptic DO Measurements Near the Sediment Surface - June 2025

GEI Consultants, Inc. 27 Figure 3-12. Lake-wide Synoptic DO Measurements Near the Sediment Surface - September 2025
Across both synoptic surveys, the dissolved oxygen at the lake bottom was generally elevated relative to historical lake-wide mean values from 2019 to 2023. The spatial distribution of the increased DO influence appeared to exhibit a counterclockwise patt ern, with higher concentrations occurring “downstream” of the Moleaer nanobubble units along the eastern and northwestern shorelines and progressively lower concentrations toward the southwest and southeast section. This gradient suggests that currents in Lake Elsinore are transporting the oxygenated bottom water counterclockwise around the lake perimeter.

GEI Consultants, Inc. 28

4. Conclusion
Dissolved oxygen data collected across multiple monitoring programs in Lake Elsinore exhibited quantifiable improvements in near-bottom and mid-column oxygen conditions following the installation and operation of multiple Moleaer nanobubble oxygenation units. The five datasets used to evaluate the effectiveness of the nanobubble units showed similar patterns of increased DO after installation.

1. Localized monitoring near the Pilot barge showed DO concentrations near the barge and at the 250’ NW site increasing from 2-6 mg/L in 2024, to consistently exceeding 6 mg/L across all months in early 2025.

2. Monthly average DO values at 5-6 meters depth from the EVMWD in-situ Lakeshore and Grand sondes (the deepest data available from this source) increased, reaching 8-10 mg/L by late 2024 and maintaining DO concentrations above the hypoxic threshold through winter and early spring 2025. Additionally, statistically significant increases in DO in July and August 2025 compared to those same months in 2023 and 2024 show sustained oxygen enhancement under stratified summer conditions which historically exhibit severe oxygen depletion.

3. Bottom DO concentrations collected during TMDL monitoring events at Lakeshore and Grand sonde sites increased in summer 2025 compared to 2024 and historical averages. Notable increases in DO were observed in mid to late summer when these concentrations are typically very low. July and September 2025 marked the only instances since 2015 during summer TMDL monitoring (June to September) where bottom DO concentrations met the TMDL target of >5 mg/L measured 1-meter above the lakebed.

4. Full-depth water column profile DO measurements from the TMDL monitoring location LE02 showed increased DO throughout the water column, particularly during months when the lake would be stratified (June – September). The frequency of summer observations with hypoxic conditions (DO <2.0 mg/L) in the hypolimnion declined following the nanobubble system installations, from as high as 77% prior to implementation, to 42% after deployment of the initial pilot unit in February 2024, and declined further to 26% following installation of the two additional units in October 2024. Although the post-installation record includes only two summer seasons, both have demonstrated substantial improvement in deep-water oxygen availability.

5. Findings from the June and September 2025 synoptic study show lake-wide improvements in lake bottom DO. By September 2025 (typically a highly stratified period with anoxic bottom conditions), 24 of the 29 monitoring locations exceeded the TMDL target of >5 mg/L measured 1-meter above the sediment, with a mean lake-wide DO of 6.8 mg/L, and all monitoring locations exceeded the 2 mg/L threshold used in assessing the benefits of reduced internal nutrient releases.

Overall, monitoring results collectively demonstrate that installation of the three nanobubble units in Lake Elsinore (delivering an estimate of approximately 1/3 of estimated lake-wide sediment oxygen demand) corresponded with sustained increases in near-bottom DO. Prior to the installation and operation of the three nanobubble units, bottom DO concentrations routinely fell below the 2020 TMDL target of greater than 5 mg/L within 1-m of the bottom, with widespread hypoxia or anoxia observed during summer and early fall stratification periods. Improvements in bottom DO concentration were

GEI Consultants, Inc. 29 most pronounced in winter and early spring and extended into the typically anoxic summer period.

While some seasonal stratification and spatial variation remain, the data suggests that the units appear to be effectively mitigating some of the worst anoxia periods, improving oxygen levels near the sediment-water interface and within the water column, progressing the lake toward achieving the 2020 TMDL DO target.

While interannual weather variability may influence DO levels in the lake, statistical analysis indicates that observed increases in DO at the Lakeshore (r = –0.16, p = 0.59) and Grand Avenue (r = –0.13, p =

0.66) sondes during TMDL monitoring events in 2024 and 2025 were not significantly correlated with average monthly air temperature. Notably, summer 2024 experienced warmer conditions than both 2023 and 2025, yet this did not correspond with reductions in DO relative to historical levels. Increased precipitation is also unlikely to explain the improvements observed. Although the winter and spring of the 2023–2024 wet season, and in particular the early spring of 2024, were wetter than previous years and coincided with elevated DO in spring and summer 2024, the 2024–2025 wet season recorded the lowest rainfall of the three-year period yet DO concentrations in 2025 exceeded those of 2024. These findings suggest that external weather factors alone do not account for the observed DO improvements, and that a combination of natural variability and targeted in-lake interventions likely contributed to enhanced oxygen conditions.

Additionally, while modelling by Dr. Michael Anderson showed that the DO values observed in the September synoptic event could have been explained by natural convective mixing and short-term cooling, this evaluation was based on a single date in September 2025. Given the extended period evaluated herein with multiple lines of evidence, the collective results do suggest that deployment of the nanobubble oxygenation units appear to be playing a role in stabilizing DO throughout the water column, complementing natural processes. The current configuration of the nanobubble barges involves pumping of lake water from the middle of the water column for oxygen dissolution and delivery to the middle of water column. Because the temperature of the delivered oxygenated water is higher than that of the lake bottom, it may reduce the likelihood of dissolved oxygen reaching the sediment–water interface without sufficient mixing energy. Previous studies have found that vertical and lateral currents in Lake Elsinore are significantly impacted by wind, which could help to mix oxygenated water into the lake bottom (see Appendix B in GEI Consultants Inc., 2025a). To increase confidence in the preliminary findings presented in this summary report, GEI recommends the following:

1. Continued lake-wide mapping for dissolved oxygen concentrations near the lake bottom

2. The installation of an in-situ sonde at the bottom of the deepest, coldest zone of the lake where internal nutrient releases are the most prevalent
These efforts would help validate the observed improvements and help refine the ongoing assessment of the nanobubble unit’s effectiveness. Additionally, these recommendations would provide critical insight into the spatial and temporal variability of bottom water oxygenation, particularly in the areas most susceptible to hypoxia.

30 5. References
GEI Consultants, Inc. (2025a). “Study to Evaluate Future Alternatives for the Lake Elsinore Aeration and Mixing System,” reported prepared for Elsinore Valley Municipal Water District, July 2025.

GEI Consultants, Inc. (2025b). “Lake Elsinore and Canyon Lake Watersheds Nutrient TMDL Monitoring 2024-2025 Annual Report,” prepared for Lake Elsinore & San Jacinto Watersheds Project Authority., October 9.
17)
Professional Services Agreement with T&B Planning, Inc. for Environmental Documentation for the West Nichols Logistics Center Project Approve and authorize the City Manager to execute an Agreement for Professional Services with T&B Planning, Inc. to prepare California Environmental Quality Act (CEQA) compliance documents in the amount not to exceed $256,365.00, in such final form as approved by the City Attorney.

REPORT TO CITY COUNCIL
To:Honorable Mayor and Members of the City Council
From:Jason Simpson, City Manager
Prepared by:Damaris Abraham, Community Development Director Date:December 9, 2025
Subject:Professional Services Agreement with T&B Planning, Inc. for Environmental Documentation for the West Nichols Logistics Center Project
Recommendation
Approve and authorize the City Manager to execute an Agreement for Professional Services with T&B Planning, Inc. to prepare California Environmental Quality Act (CEQA) compliance documents in the amount not to exceed $256,365.00, in such final form as approved by the City Attorney.

Background
The City of Lake Elsinore serves as the lead agency to evaluate the environmental impacts of development projects proposed within the City. The Community Development Department is responsible for the preparation of the necessary information and, depending on the scope and size of the project, will either prepare the environmental documents in-house or have a consultant prepare the documents and studies. The project applicant (Alberhill Development, LLC), through the application fee process, pays for the cost of preparing the environmental analysis.

Discussion
The applicant has submitted an entitlement application for a General Plan Amendment, the Third Amendment to the Murdock Alberhill Ranch Specific Plan (MARSP), Zone Change, Industrial Design Review, and Tentative Tract Map primarily affecting an approximately 60.6-acre property located southeast of the intersection of Nichols Road at Terra Cotta Road (APNs: 389-110-011, 389-100-030, -032, -034, 389-080-036, -037, 038, -039, -057, 390-130-006, -016, -038, -039, -040, and 043).

The project proposes the development of a 1,054,794 sq. ft. logistics center and associated site improvements. In addition, previously planned residential units are proposed to be transferred to other planning areas in conformance with the Housing Crisis Act of 2019 (SB 330).

T&B Planning – West Nichols Logistics Center Project

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It is anticipated that the proposed application will require the preparation of an Environmental Impact Report (EIR). The project will require several technical studies to be prepared including Air Quality, Biological Resources Assessment, Energy, Greenhouse Gas, Health Risk Assessment, Noise and Vibration Assessment, Cultural Resources Assessment, Paleontological Resources Assessment, Phase I Environmental Site Assessment, Geotechnical/Soils Evaluation, Utility/Services System Study, Vehicle Miles Traveled (VMT) Analysis, and Wildfire Protection Plan and Report. LSA will utilize the above technical studies to prepare a detailed analysis for the project as required by CEQA.

Fiscal Impact
The cost of preparing the environmental review will be paid by fees collected from the developer through the City’s cost recovery program. All staff administrative time and consultant costs are paid from the applicant’s fees. No General Fund budgets will be allocated or used for the completion of the CEQA documents for the project.

Attachments
Attachment 1 – Agreement
Exhibit A – Proposal
Community Development

1.docxPage 1

AGREEMENT FOR PROFESSIONAL SERVICES
T&B PLANNING, INC.

ENVIRONMENTAL REVIEW SERVICES
This Agreement for Professional Services (the “Agreement”) is made and entered into as of December 9, 2025, by and between the City of Lake Elsinore, a municipal corporation (‘‘City") and T&B Planning, Inc., a California Corporation ("Consultant").

RECITALS
A. The City has determined that it requires the following professional services:

CEQA consulting services for the West Nichols Logistics Center Project.

B. Consultant has submitted to City a proposal, dated July 21, 2025, attached hereto as Exhibit A (“Consultant’s Proposal”) and incorporated herein, to provide professional services to City pursuant to the terms of this Agreement.

C. Consultant possesses the skill, experience, ability, background, certification and knowledge to perform the services described in this Agreement on the terms and conditions described herein.

D. City desires to retain Consultant to perform the services as provided herein and Consultant desires to provide such professional services as set forth in this Agreement.

AGREEMENT

1. Scope of Services. Consultant shall perform the services described in Consultant’s Proposal (Exhibit A). Consultant shall provide such services at the time, place, and in the manner specified in Consultant’s Proposal, subject to the direction of the City through its staff that it may provide from time to time.

2. Time of Performance.
a. Time of Essence. Time is of the essence in the performance of this Agreement. The time for completion of the professional services to be performed by Consultant is an essential condition of this Agreement. Consultant shall prosecute regularly and diligently the professional services contemplated pursuant to this Agreement according to the agreed upon performance schedule in Consultant’s Proposal (Exhibit A). b. Performance Schedule. Consultant shall commence the services pursuant to this Agreement upon receipt of a written notice to proceed and shall perform all services within the time period(s) established in the Consultant’s Proposal (Exhibit A). When requested by Consultant, extensions to the time period(s) specified may be approved in writing by the City Manager.

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3 c. Term. The term of this Agreement shall commence upon execution of this Agreement and shall continue until the services and related work are completed in accordance with the Consultant’s Proposal (Exhibit A).

3. Compensation. Compensation to be paid to Consultant shall be in accordance with the fees set forth in Consultants’ Proposal (Exhibit A), which is attached hereto and incorporated herein by reference. In no event shall Consultant’s compensation exceed two hundred fifty-six thousand, three hundred sixty-five dollars ($256,365.00) without additional written authorization from the City. Notwithstanding any provision of Consultant’s Proposal to the contrary, out of pocket expenses set forth in Exhibit A shall be reimbursed at cost without an inflator or administrative charge. Payment by City under this Agreement shall not be deemed a waiver of defects, even if such defects were known to the City at the time of payment.

4. Method of Payment. Consultant shall promptly submit billings to the City describing the services and related work performed during the preceding month to the extent that such services and related work were performed. Consultant’s bills shall be segregated by project task, if applicable, such that the City receives a separate accounting for work done on each individual task for which Consultant provides services. Consultant’s bills shall include a brief description of the services performed, the date the services were performed, the number of hours spent and by whom, and a description of any reimbursable expenditures. City shall pay Consultant no later than forty-five (45) days after receipt of the monthly invoice by City staff.

5. Background Checks. At any time during the term of this Agreement, the City reserves the right to make an independent investigation into the background of Consultant’s personnel who perform work required by this Agreement, including but not limited to their references, character, address history, past employment, education, social security number validation, and criminal or police records, for the purpose of confirming that such personnel are lawfully employed, qualified to provide the subject service or pose a risk to the safety of persons or property in and around the vicinity of where the services will be rendered or City Hall. If the City makes a reasonable determination that any of Consultant’s prospective or then current personnel is deemed objectionable, then the City may notify Consultant of the same. Consultant shall not use that personnel to perform work required by this Agreement, and if necessary, shall replace him or her with a suitable worker.

6. Suspension or Termination.
a. The City may at any time, for any reason, with or without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon the Consultant at least ten (10) days prior written notice. Upon receipt of such notice, the Consultant shall immediately cease all work under this Agreement, unless the notice provides otherwise. If the City suspends or terminates a portion of this Agreement such suspension or termination shall not make void or invalidate the remainder of this Agreement.
b. In the event this Agreement is terminated pursuant to this Section, the City shall pay to Consultant the actual value of the work performed up to the time of termination, provided that the work performed is of value to the City. Upon termination of the Agreement pursuant to this Section, the Consultant will submit an invoice to the City, pursuant to Section entitled “Method of Payment” herein.

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3 7. Plans, Studies, Documents.
a. Ownership of Documents. All plans, studies, documents and other writings prepared by and for Consultant, its officers, employees and agents and subcontractors in the course of implementing this Agreement, except working notepad internal documents, shall become the property of the City upon payment to Consultant for such work, and the City shall have the sole right to use such materials in its discretion without further compensation to Consultant or to any other party. Consultant shall, at Consultant’s expense, provide such reports, plans, studies, documents and other writings to City upon written request. City shall have sole determination of the public’s rights to documents under the Public Records Act, and any third- party requests of Consultant shall be immediately referred to City, without any other actions by Consultant.
b. Licensing of Intellectual Property. This Agreement creates a nonexclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement ("Documents & Data"). Consultant shall require that all subcontractors agree in writing that City is granted a nonexclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were prepared by design professionals other than Consultant or provided to Consultant by the City. City shall not be limited in any way in its use of the Documents & Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City’s sole risk. c. Confidentiality. All ideas, memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written information, and other Documents & Data either created by or provided to Consultant in connection with the performance of this Agreement shall be held confidential by Consultant. Such materials shall not, without the prior written consent of City, be used by Consultant for any purposes other than the performance of the services under this Agreement. Nor shall such materials be disclosed to any person or entity not connected with the performance of the services under this Agreement. Nothing furnished to Consultant which is otherwise known to Consultant or is generally known, or has become known, to the related industry shall be deemed confidential. Consultant shall not use City’s name or insignia, photographs relating to project for which Consultant’s services are rendered, or any publicity pertaining to the Consultant’s services under this Agreement in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of City.

8. Consultant’s Books and Records.
a. Consultant shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for services, or expenditures and disbursements charged to City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant to this Agreement.

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3 b. Consultant shall maintain all documents and records which demonstrate performance under this Agreement for a minimum period of three (3) years, or for any longer period required by law, from the date of termination or completion of this Agreement. c. Any records or documents required to be maintained pursuant to this Agreement shall be made available for inspection or audit, at any time during regular business hours, upon written request by the City Manager, City Attorney, City Auditor or a designated representative of these officers. Copies of such documents shall be provided to the City for inspection at City Hall when it is practical to do so. Otherwise, unless an alternative is mutually agreed upon, the records shall be available at Consultant’s address indicated for receipt of notices in this Agreement.
d. Where City has reason to believe that such records or documents may be lost or discarded due to dissolution, disbandment or termination of Consultant’s business, City may, by written request by any of the above-named officers, require that custody of the records be given to the City and that the records and documents be maintained in City Hall. Access to such records and documents shall be granted to any party authorized by Consultant, Consultant’s representatives, or Consultant’s successor-in-interest.

9. Independent Contractor.
a. Consultant is and shall at all times remain as to the City a wholly independent contractor pursuant to California Labor Code Section 3353. The personnel performing the services under this Agreement on behalf of Consultant shall at all times be under Consultant’s exclusive direction and control. Neither City nor any of its officers, employees, or agents shall have control over the conduct of Consultant or any of Consultant’s officers, employees, or agents, except as set forth in this Agreement. Consultant shall not at any time or in any manner represent that it or any of its officers, employees, or agents are in any manner officers, employees, or agents of the City. Consultant shall not incur or have the power to incur any debt, obligation, or liability whatsoever against City, or bind City in any manner. b. Notwithstanding any other federal, state and local laws, codes, ordinances and regulations to the contrary and except for the fees paid to Consultant as provided in the Agreement, Consultant and any of its employees, agents, and subcontractors providing service under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any claims to, any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in PERS as an employee of City and entitlement to any contribution to be paid by City for employer contribution and/or employee contributions for PERS benefits.

10. PERS Eligibility Indemnification. In the event that Consultant or any employee, agent, or subcontractor of Consultant providing services under this Agreement claims or is determined by a court of competent jurisdiction or the California Public Employees Retirement System (PERS) to be eligible for enrollment in PERS as an employee of the City, Consultant shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for PERS benefits on behalf of Consultant or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City.

11. Interests of Consultant. Consultant (including principals, associates and professional employees) covenants and represents that it does not now have any investment or interest in real property and shall not acquire any interest, direct or indirect, in the area covered

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3 by this Agreement or any other source of income, interest in real property or investment which would be affected in any manner or degree by the performance of Consultant’s services hereunder. Consultant further covenants and represents that in the performance of its duties hereunder no person having any such interest shall perform any services under this Agreement.

Consultant is not a designated employee within the meaning of the Political Reform Act because Consultant:
a. will conduct research and arrive at conclusions with respect to his/her rendition of information, advice, recommendation or counsel independent of the control and direction of the City or of any City official, other than normal agreement monitoring; and b. possesses no authority with respect to any City decision beyond rendition of information, advice, recommendation or counsel. (FPPC Reg. 18700(a)(2).)

12. Professional Ability of Consultant. City has relied upon the professional training and ability of Consultant to perform the services hereunder as a material inducement to enter into this Agreement. Consultant shall therefore provide properly skilled professional and technical personnel to perform all services under this Agreement. All work performed by Consultant under this Agreement shall be in accordance with applicable legal requirements and shall meet the standard of quality ordinarily to be expected of competent professionals in Consultant’s field of expertise.

13. Compliance with Laws.
a. Consultant shall comply with all local, state and federal laws and regulations applicable to the services required hereunder, including any rule, regulation or bylaw governing the conduct or performance of Consultant and/or its employees, officers, or board members.
b. Consultant represents that it has obtained and will maintain at all times during the term of this Agreement all professional and/or business licenses, certifications and/or permits necessary for performing the services described in this Agreement, including a City business license.

14. Licenses. Consultant represents and warrants to City that it has the licenses, permits, qualifications, insurance and approvals of whatsoever nature which are legally required of Consultant to practice its profession. Consultant represents and warrants to City that Consultant shall, at its sole cost and expense, keep in effect or obtain at all times during the term of this Agreement, any licenses, permits, insurance and approvals which are legally required of Consultant to practice its profession. Consultant shall maintain a City of Lake Elsinore business license.

15. Indemnity. Consultant shall indemnify, defend, and hold harmless the City and its officials, officers, employees, agents, and volunteers from and against any and all losses, liability, claims, suits, actions, damages, and causes of action arising out of any personal injury, bodily injury, loss of life, or damage to property, or any violation of any federal, state, or municipal law or ordinance, to the extent caused, in whole or in part, by the willful misconduct or negligent acts or omissions of Consultant or its employees, subcontractors, or agents, by acts for which they could be held strictly liable, or by the quality or character of their work. The foregoing obligation of Consultant shall not apply when (1) the injury, loss of life, damage to property, or violation of

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3 law arises from the sole negligence or willful misconduct of the City or its officers, employees, agents, or volunteers and (2) the actions of Consultant or its employees, subcontractor, or agents have contributed in no part to the injury, loss of life, damage to property, or violation of law. It is understood that the duty of Consultant to indemnify and hold harmless includes the duty to defend as set forth in Section 2778 of the California Civil Code. Acceptance by City of insurance certificates and endorsements required under this Agreement does not relieve Consultant from liability under this indemnification and hold harmless clause. This indemnification and hold harmless clause shall apply to any damages or claims for damages whether or not such insurance policies shall have been determined to apply. By execution of this Agreement, Consultant acknowledges and agrees to the provisions of this Section and that it is a material element of consideration.

16. Insurance Requirements.
a. Insurance. Consultant, at Consultant’s own cost and expense, shall procure and maintain, for the duration of the contract, unless modified by the City’s Risk Manager, the following insurance policies.
i. Workers’ Compensation Coverage. Consultant shall maintain Workers’ Compensation Insurance and Employer’s Liability Insurance for his/her employees in accordance with the laws of the State of California. In addition, Consultant shall require each subcontractor to similarly maintain Workers’ Compensation Insurance and Employer’s Liability Insurance in accordance with the laws of the State of California for all of the subcontractor’s employees. Any notice of cancellation or non-renewal of all Workers’ Compensation policies must be received by the City at least thirty (30) days prior to such change. The insurer shall agree to waive all rights of subrogation against City, its officers, agents, employees and volunteers for losses arising from work performed by Consultant for City. In the event that Consultant is exempt from Worker’s Compensation Insurance and Employer’s Liability Insurance for his/her employees in accordance with the laws of the State of California, Consultant shall submit to the City a Certificate of Exemption from Workers Compensation Insurance in a form approved by the City Attorney.
ii. General Liability Coverage. Consultant shall maintain commercial general liability insurance in an amount not less than one million dollars ($1,000,000) per occurrence for bodily injury, personal injury and property damage. If a commercial general liability insurance form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit. Required commercial general liability coverage shall be at least as broad as Insurance Services Office Commercial General Liability occurrence form CG 0001 (ed. 11/88) or Insurance Services Office form number GL 0002 (ed. 1/73) covering comprehensive General Liability and Insurance Services Office form number GL 0404 covering Broad Form Comprehensive General Liability. No endorsement may be attached limiting the coverage.

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3 iii. Automobile Liability Coverage. Consultant shall maintain automobile liability insurance covering bodily injury and property damage for all activities of the Consultant arising out of or in connection with the work to be performed under this Agreement, including coverage for owned, hired and non-owned vehicles, in an amount of not less than one million dollars ($1,000,000) combined single limit for each occurrence.

Automobile liability coverage must be at least as broad as Insurance Services Office Automobile Liability form CA 0001 (ed. 12/90) Code 1 (“any auto”). No endorsement may be attached limiting the coverage.
iv. Professional Liability Coverage. Consultant shall maintain professional errors and omissions liability insurance appropriate for Consultant’s profession for protection against claims alleging negligent acts, errors or omissions which may arise from Consultant’s services under this Agreement, whether such services are provided by the Consultant or by its employees, subcontractors, or sub consultants. The amount of this insurance shall not be less than one million dollars ($1,000,000) on a claims-made annual aggregate basis, or a combined single limit per occurrence basis. b. Endorsements. Each general liability and automobile liability insurance policy shall be with insurers possessing a Best’s rating of no less than A:VII and shall be endorsed with the following specific language:
i. Notwithstanding any inconsistent statement in any required insurance policies or any subsequent endorsements attached thereto, the protection offered by all policies, except for Workers’ Compensation, shall bear an endorsement whereby it is provided that, the City and its officers, employees, servants, volunteers and agents and independent contractors, including without limitation, the City Manager and City Attorney, are named as additional insureds. Additional insureds shall be entitled to the full benefit of all insurance policies in the same manner and to the same extent as any other insureds and there shall be no limitation to the benefits conferred upon them other than policy limits to coverages.
ii. This policy shall be considered primary insurance as respects the City, its elected or appointed officers, officials, employees, agents and volunteers.

Any insurance maintained by the City, including any self-insured retention the City may have, shall be considered excess insurance only and shall not contribute with it. iii. This insurance shall act for each insured and additional insured as though a separate policy had been written for each, except with respect to the limits of liability of the insuring company.
iv. The insurer waives all rights of subrogation against the City, its elected or appointed officers, officials, employees or agents. v. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its elected or appointed officers, officials, employees, agents or volunteers.
vi. The insurance provided by this Policy shall not be suspended, voided, canceled, or reduced in coverage or in limits except after thirty (30) days written notice has been received by the City.

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3 c. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City. At the City’s option, Consultant shall demonstrate financial capability for payment of such deductibles or self-insured retentions. d. Certificates of Insurance. Consultant shall provide certificates of insurance with original endorsements to City as evidence of the insurance coverage required herein.

Certificates of such insurance shall be filed with the City on or before commencement of performance of this Agreement. Current certification of insurance shall be kept on file with the City at all times during the term of this Agreement.

17. Notices. Any notice required to be given under this Agreement shall be in writing and either served personally or sent prepaid, first class mail. Any such notice shall be addressed to the other party at the address set forth below. Notice shall be deemed communicated within 48 hours from the time of mailing if mailed as provided in this section.

If to City: City of Lake Elsinore
Attn: City Manager
130 South Main Street
Lake Elsinore, CA 92530
With a copy to: City of Lake Elsinore
Attn: City Clerk
130 South Main Street
Lake Elsinore, CA 92530
If to Consultant: T&B Planning, Inc.

Attn: Tracy Zinn, AICP
3200 El Camino Real, Suite 100
Irvine, CA 92602

18. Assignment and Subcontracting. The parties recognize that a substantial inducement to City for entering into this Agreement is the professional reputation, experience and competence of Consultant and the subcontractors listed in Exhibit B. Consultant shall be fully responsible to City for all acts or omissions of any subcontractors. Assignments of any or all rights, duties or obligations of the Consultant under this Agreement will be permitted only with the express consent of the City. Consultant shall not subcontract any portion of the work to be performed under this Agreement except as provided in Exhibit B without the written authorization of the City. If City consents to such subcontract, Consultant shall be fully responsible to City for all acts or omissions of those subcontractors. Nothing in this Agreement shall create any contractual relationship between City and any subcontractor nor shall it create any obligation on the part of the City to pay or to see to the payment of any monies due to any such subcontractor other than as otherwise is required by law.

19. Waiver. Waiver of a breach or default under this Agreement shall not constitute a continuing waiver of a subsequent breach of the same or any other provision under this Agreement.

20. Litigation Expenses and Attorneys’ Fees. If either party to this Agreement commences any legal action against the other party arising out of this Agreement, the prevailing party shall be entitled to recover its reasonable litigation expenses, including court costs, expert witness fees, discovery expenses, and attorneys’ fees.

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3 21. Mediation. The parties agree to make a good faith attempt to resolve any disputes arising out of this Agreement through mediation prior to commencing litigation. The parties shall mutually agree upon the mediator and share the costs of mediation equally. If the parties are unable to agree upon a mediator, the dispute shall be submitted to JAMS or its successor in interest. JAMS shall provide the parties with the names of five qualified mediators. Each party shall have the option to strike two of the five mediators selected by JAMS and thereafter the mediator remaining shall hear the dispute. If the dispute remains unresolved after mediation, either party may commence litigation.

22. Prohibited Interests. Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.

23. Equal Opportunity Employment. Consultant represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination.

24. Prevailing Wages. Consultant is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects.

Consultant agrees to fully comply with all applicable federal and state labor laws (including, without limitation, if applicable, the Prevailing Wage Laws). It is agreed by the parties that, in connection with the Work or Services provided pursuant to this Agreement, Consultant shall bear all risks of payment or non-payment of prevailing wages under California law, and Consultant hereby agrees to defend, indemnify, and hold the City, and its officials, officers, employees, agents, and volunteers, free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. The foregoing indemnity shall survive termination of this Agreement.

25. Severability. If any term or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect.

26. Controlling Law Venue. This Agreement and all matters relating to it shall be governed by the laws of the State of California and any action brought relating to this Agreement shall be held exclusively in a state court in the County of Riverside.

27. Authority to Enter Agreement. Consultant has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to

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3 make this Agreement and to bind each respective party. The City Manager is authorized to enter into an amendment or otherwise take action on behalf of the City to make the following modifications to the Agreement: (a) a name change; (b) grant extensions of time; (c) non- monetary changes in the scope of services; and/or (d) suspend or terminate the Agreement.

28. Counterparts. This Agreement may be executed in several counterparts, each of which shall constitute one and the same instrument and shall become binding upon the parties when at least one copy hereof shall have been signed by both parties hereto. In approving this Agreement, it shall not be necessary to produce or account for more than one such counterpart.

29. Entire Agreement; Incorporation; Conflict. This Agreement contains the entire understanding between the parties relating to the obligations described herein. All prior or contemporaneous understandings, agreements, representations and statements, oral or written, are superseded in total by this Agreement and shall be of no further force or effect. Consultant’s Proposal is incorporated only for the description of the scope of services and/or the schedule of performance and no other terms and conditions from such proposal shall apply to this Agreement unless specifically agreed to in writing. In the event of conflict, this Agreement shall take precedence over those contained in the Consultant’s Proposal.

30. Amendments. This Agreement may be modified or amended only by a written document executed by both Consultant and City and approved as to form by the City Attorney. [Signatures on next page]

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3

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3 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the date first written above.
“CITY”
CITY OF LAKE ELSINORE, a municipal
corporation
City Manager
ATTEST:

City Clerk
APPROVED AS TO FORM:

City Attorney
Assistant City Manager
“CONSULTANT”
T&B Planning, Inc., a California Corporation
By: Tracy Zinn, AICP
Its: President
Attachments: Exhibit A – Consultant’s Proposal
Exhibit B – List of Subcontractors

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3 EXHIBIT A

EXHIBIT A
CONSULTANT’S PROPOSAL
[ATTACHED]

EXHIBIT A

EXHIBIT B

EXHIBIT B

LIST OF SUBCONTRACTORS
[ATTACHED]

JN 996-007

July 21, 2025

City of Lake Elsinore Planning Division
Attn: Nancy Huynh, Principal Planner
130 S. Main Street
Lake Elsinore, CA 92530
[email protected]

RE: PROPOSAL TO PROVIDE CEQA CONSULTING SERVICES FOR THE WEST NICHOLS LOGISTICS CENTER PROJECT,

LOCATED IN THE CITY OF LAKE ELSINORE, CALIFORNIA

Ms. Huynh:

T&B Planning, Inc. is pleased to present this proposal to provide CEQA Consulting services for the West Nichols Logistics Center Project, located in City of Lake Elsinore, California.

Based on the materials provided to us, it is our understanding that the City of Lake Elsinore has received discretionary land use applications for a General Plan Amendment, the Third Amendment to the Murdock Alberhill Ranch Specific Plan (MARSP), Zone Change, Industrial Design Review, and Tentative Tract Map primarily affecting an approximately 60.6 -acre property located southeast of the intersection of Nichols Road at Terra Cotta Road. Collectively, approval of these applications would allow for developme nt of the site with a 1,054,794 square -foot (s.f.) logistics center and associated site improvements. In addition, previously planned residential units are proposed to be transferred to other planning areas in conformance with the Housing Crisis Act of 2019 (SB 330). This proposal contains a scope of work and budget for our firm to prepare and process an Environmental Impact Report (EIR) as the California Environmental Quality Act (CEQA) compliance document, along with all CEQA-required notices and findings.

T&B Planning has been in business since 1974 and has proudly served many public and private sector clients over our 51-year history. We have extensive experience preparing CEQA documents that are comprehensive and legally defensible , including for projects in the City of Lake Elsinore and for warehouse projects in Riverside County and across t he Inland Empire . The enclosed proposal consists of the following exhibits, which concisely set forth our qualifications and professional methodology for completing services in a timely and efficient manner.

• QUALIFICATIONS - EXHIBIT A • PROJECT BUDGET – EXHIBIT D • SCOPE OF WORK - EXHIBIT B • HOURLY RATES AND BILLING POLICY - EXHIBIT E • ESTIMATED PROJECT SCHEDULE - EXHIBIT C

West Nichols Logistics Center CEQA Consulting Proposal
July 21, 2025

At T&B Planning, our Principals and Senior Associates are directly involved in project management. For this Project, Jerrica Harding will serve as Senior Associate and Tracy Zinn will be Principal-in-Charge. We will be supported by our project managers, environmental analysts, planners, project coordinators, technical writers, GIS/graphics specialists, and administrative staff.

Thank you for the opportunity to serve the City of Lake Elsinore as the CEQA Compliance Consultant for this project. If you have any questions or require any clarification pertaining to this proposal, please contact either Jerrica Harding at (760) 484-6784 or by e-mail at [email protected], or Tracy Zinn at (714) 505- 6360 Ext. 350 or by e-mail at [email protected].

Sincerely,

T&B Planning, Inc.

Tracy Zinn, AICP
President

West Nichols Logistics Center CEQA Consulting Proposal
Exhibit A: Qualifications

EXHIBIT A: QUALIFICATIONS

FIRM PROFILE
Background and Capabilities
T&B Planning, Inc. is a privately held consulting firm that was founded in 1974 as “Turrini and Brink.” We began providing CEQA consulting services in 1991 and have since built 34 years of specialized experience in environmental compliance. T&B Planning, Inc. reorganized in 2009 and is a California “S” Corporation and is a nationally certified Women’s Business Enterprise (WBE). In-house services provided by T&B Planning include all aspects of CEQA compliance and CEQA document preparation.

Backed by over five decades of land use planning and entitlement expertise, we offer deep knowledge of regional geography, environmental resources, and local constraints and opportunities. This foundation, combined with our thorough understanding of the ev olving CEQA compliance process, uniquely positions our firm to support projects in the City of Lake Elsinore and throughout Riverside County. Our extensive, first- hand experience navigating projects in regulatory and contextual environments similar to the City of Lake Elsinore will allow us to anticipate challenges early and deliver practical, effective solutions to keep the project moving forward efficiently.

51+
Years in Business
30 Staff Members
100%
Woman-Owned
16 CEQA Practitioners
52 Lead Agencies Served
14 Planners and Implementers

T&B Planning has extensive experience providing CEQA- compliance services for a diverse array of projects across various sizes and land use types. While our work spans a broad range, our primary focus is on land development and redevelopment projects, including residential, business park, commercial, industri al, logistics/warehousing, mixed-use, and institutional projects.

For example, over the past 15 years, we have prepared CEQA documents for supply chain projects on behalf of more than 20 lead agencies and numerous private developers. These efforts encompass more than 200 buildings totaling over 70 million square feet of built space, with an additional 80 million square feet

West Nichols Logistics Center CEQA Consulting Proposal
Exhibit A: Qualifications

currently undergoing entitlement. T&B Planning is widely recognized for its expertise in CEQA compliance for infill development, redevelopment, and goods movement -related projects – such as warehouses, manufacturing facilities, e -commerce hubs, last -mile distribution centers, and storage lots. We also prepare CEQA documents for a broad spectrum of other project types, including General Plan Elements, Specific Plans and their amendments, annexations, residential subdivisions and infill, mixed- use developments, commercial centers, town centers, gas stations, business parks, sand and gravel mines, religious institutions, and medical facilities.

Unique Capabilities
Cross-Trained Professionals. T&B Planning delivers premier consulting services that set a high standard in the CEQA -compliance industry. Our clients benefit from the expertise of seasoned professionals with hands-on experience guiding projects from initial concept through construction readiness. Unlike firms with compartmentalized teams, our project leads are cross -trained in planning, entitlements, CEQA/NEPA compliance, and real-world implementation. This integrated approach ensures added value at every stage of the project lifecycle.

Mitigation by Design®. Long before “sustainable” and “green” became industry buzzwords, T&B Planning pioneered a context-sensitive approach known as Mitigation by Design®. This federally trademarked method integrates environmental considerations into project design from the outs et - transforming potential environmental challenges into opportunities and project enhancements. By guiding design decisions early in the process, Mitigation by Design® often results in more environmentally sensitive, context -appropriate project features that reduce both adverse impacts and the need for mitigation. We apply this strategy throughout CEQA document preparation, working proactively with applicants and lead agencies to achieve regulatory compliance through thoughtful design whenever feasible.

Locally-Based WBE. T&B Planning is a Southern California based business and nationally -certified Women’s Business Enterprise (WBE). We excel on projects where participation by a local company with strong attention to detail matters.

Current and Previous Contracts
A map showing the locations where we are have recently or are currently working on CEQA compliance projects is provided below.

West Nichols Logistics Center CEQA Consulting Proposal
Exhibit A: Qualifications

PROJECT APPROACH AND WORK PLAN
Understanding of City’s Development Process
Assisting public agencies and private applicants with CEQA compliance is a core focus of T&B Planning’s consulting practice. We understand that our role for the City of Lake Elsinore on the West Nichols Logistics Center Project would involve the preparation and distribution of all CEQA-required notices, preparation and processing of a Project EIR, and coordination of and peer review of technical studies in support of the CEQA- compliance process. As part of this process, we ensure that all technical studies are conducted using appropriate methodologies and address the full range of environmental topics required under CEQA, in a manner consistent with legal standards and current best practices.

Beyond preparing CEQA documents, T&B Planning regularly serves as an extension of City staff. We represent Lead Agencies at public meetings and hearings, coordinate with City staff and consultants, attend Project team meetings, and ensure all CEQA administrative procedures are properly implemented. Our team remains current on updates to the CEQA Statute and Guidelines, emerging Senate and Assembly bills, and relevant case law to ensure our work aligns with the most recent legal requirements and regulatory expectations.

We are widely recognized for our strategic approach to CEQA compliance. We work proactively with Lead Agencies and applicants to identify potential environmental constraints early in the process and develop

West Nichols Logistics Center CEQA Consulting Proposal
Exhibit A: Qualifications

practical solutions with legal defensibility in mind. Our ability to balance big- picture goals with close attention to detail supports efficient project reviews and helps minimize delays.

Methodology for Communication and Responsive Service
T&B Planning prioritizes responsive, respectful, and professional communication. Collaboration is central to our management approach, and our team has a strong track record of working effectively with City staff members, applicants, and project teams. We routinely lead team meetings to keep all parties informed on project status, next steps, information gaps, and action items. Meeting minutes and follow -up communications help ensure accountability and progress toward key milestones. When data gaps or competing interests threaten the ability to meet schedule milestones , we promptly notify City staff to facilitate resolution or reprioritize as necessary.

We are also very experienced in engaging with the public and responding to community concerns. Our forward-thinking approach and professionalism have earned us a strong reputation for navigating sensitive issues with care and success. Additionally, w ith multilingual staff fluent in five languages, we are well - equipped to serve diverse communities. Whether engaging with agencies, stakeholders, or the public, our communication style is clear, respectful, and tailored to the needs and understanding of each audience.

Approach to Peer Review
T&B Planning’s peer review style is not to nit -pick documents but rather to attend to critical and important details such as: CEQA Statute and Guidelines compliance; sound analysis methodologies; stability of the project description; consistency of informa tion within and across documents, plans, and drawings; proportional nexus, feasibility and enforcement ability for mitigation measures; and conclusions and findings supported by ample and reliable evidence. We prefer to peer review technical studies in advance of their use in writing the CEQA-compliance document to avoid need for iterative and duplicative revisions.

If a technical peer review of analysis modeling or highly technical subject matter is needed, we use sub - consulted technical experts to suppl ement our CEQA compliance peer review process. Upon receipt of revised documents, we ensure that our comments were appropriately addressed.

Methodology for Addressing Potential Opposition and Legal Challenges Because of the type, scale, complexity and nature of many of our clients’ projects, CEQA documents prepared by T&B Planning are frequently subject to threat of third -party litigation. The threat of litigation is not unusual in our business, as opponents have learned to use the CEQA compliance process as an effective means to delay or stop a project from moving forward. T&B Planning is recommended to many government agencies and project applicants by their legal counsels due to our reputation and ability to prepare thorough and sound CEQA documents that are supported by defensible analysis methodologies. Regardless of whether we suspect that opposition will arise during a CEQA compliance process, we prepare all of our CEQA documents to be as defensible as pos sible to ensure defensibility in the event a threat of litigation arise. We work closely with the Lead Agency and technical report authors on strategy and analysis methodologies before preparation of the reports begin. We are conservative in analysis metho ds, the

West Nichols Logistics Center CEQA Consulting Proposal
Exhibit A: Qualifications

application of significance thresholds, and the formulation of conclusions. T&B Planning also compiles information for the Lead Agency’s administrative record as we proceed with the document preparation.

Methodology for Quality Control and Project Management
T&B Planning’s quality assurance and control processes add significant value to every project. Our commitment to quality, supported by extensive experience and expertise, helps optimize budgets and schedules by prioritizing substantive reviews of methodologies before addressing finer details. Each project is overseen by a senior staff member who ensures adherence to proper procedures and analytical standards. Our project managers and environmental analysts rigorously follow established protocols for citing and organizing reference materials and for assessing environmental impacts in accordance with the CEQA Statute, Guidelines, and relevant case law. Additionally, all T&B Planning documents undergo thorough internal proofreading and a final quality -control r eview prior to release for public review. These comprehensive methods ensure that our deliverables consistently meet or exceed industry standards.

Methodology for Keeping Projects on Schedule and on Budget Staying on schedule and within budget is a fundamental goal for every assignment and project we undertake.

Managing multiple projects with competing priorities is a common challenge, which we address through a well-structured staffing model, strong internal and external collaboration, and a culture of personal accountability within our CEQA compliance team. This approach enables us to effectively balance workloads while maintaining consistently high- quality deliverables. We believe the best defense against schedule delays is proactive, transparent communication from project initiation through completion, allowing us to promptly identify and resolve potential obstacles before they affect timelines. We are able to maneuver quickly as priorities shift throughout the life of the project.

Tribal Consultation Process
T&B Planning regularly assists City staff with conducting Native American consultations pursuant to AB 52 and SB 18. At the start of the process, we will submit the Local Government Tribal Consultation List Request to Native American Heritage Commission on behalf of the City to obtain the current contact information for the appropriate Native American tribes. We also routinely draft consultation request letters and di stribute the letters on City letterhead, as requested. As part of the distribution process, we track, process, and report regularly to the City to ensure all associated Native Americans tribes are adequately notified.

Although tribal consultation is a government to government consultation and preferred by some tribes; T&B Planning has participated in consultation meetings with the tribes and lead agency. During these meetings, our role is to meticulously document the meeting minutes, its outcome, and rational for findings/determinations on impacts and mitigation measures, pursuant to the most recent case law and legal requirements. We are highly trusted for our professional and objective approach to Native American consultations.

West Nichols Logistics Center CEQA Consulting Proposal
Exhibit A: Qualifications

RELEVANT EXPERIENCE AND PROJECT EXAMPLES
Provided below are a few representative project examples to demonstrate our experience working in Lake Elsinore and on warehousing buildings of a similar size to the proposed building.

Nichols South Specific Plan EIR
Project Type: Residential Specific Plan (Private Development) Type of Document: Project EIR
Location: South of Nichols Road and East of I-15
Lead Agency: City of Lake Elsinore
Applicant: Nichols Road Partners, LLC
Contact: Damaris Abraham, Community Development Director Email: [email protected]

Nichols Ranch is a 72.5-acre master-planned mixed-use community located south of Nichols Road and east of I-15 in the City of Lake Elsinore. T&B Planning was contracted with the City of Lake Elsinore to prepare an Environmental Impact Report (EIR). Key issues evaluated in the EIR included air quality emissions, biological resources (including jurisdictional drainages), and traffic. T&B Planning also prepared the Nichols Ranch Specific Plan, which entitled the property for 168 single -family homes on 31.1 acres; 14.5 acres of commercial uses, accommodating a 130 -room hotel, 11,500 s.f. of fast- food restaurant uses, 9,400 s.f. of restaurant space, a health and fitness club, a gas station, and 43,000 s.f. of office uses; 8.3 acres of recreational uses; and open space/detention basins on 13.3 acres. The project was unanimously approved by the Lake Elsinore City Council on June 11, 2019.

Majestic Freeway Business Center Phase II
Project Type: Industrial (Private Development)
Type of Document: Environmental Impact Report
Location: Mead Valley; unincorporated Riverside County
Lead Agency: County of Riverside
Applicant: Majestic Freeway Business Center LLC
Contact: Russell Brady, Principal Planner
Email: [email protected]

T&B Planning prepared an EIR for the Majestic Freeway Business Center Phase II Project. The Project involved the approval of Plot Plans PPT220003, PPT220008, PPT220009, and PPT220015 to allow for the development of five warehouse buildings with up to 1,219 ,222 square feet (s.f.) of building area on four separate sites comprising a total of 70.37 acres. T&B Planning prepared the EIR, ensured CEQA administrative procedure compliance, distributed CEQA notices, responded to public comments and concerns, and supported County staff during the Planning Commission hearings. The project was approved by the Planning Commission in May 2024.

West Nichols Logistics Center CEQA Consulting Proposal
Exhibit A: Qualifications

The Landing by San Manuel
Project Type: Industrial (Private Development)
Type of Document: EIR
Location: City of San Bernardino
Lead Agency: City of San Bernardino
Applicant: Yuhaaviatam of San Manuel Nation
Contact: Peter Mateo, Director of Tribal Planning & Development Email: [email protected]

T&B Planning prepared an EIR and assisted with entitlement applications for The Landing by San Manuel, a distribution warehouse of up to 1,153,644 square feet. The project is located on a 52.97 -acre property located immediately north of the San Bernardino International Airport (SBIA) . Environmental impacts were mitigated by design® through the provision of an on -site truck staging area, accommodation of a new bus stop and bike trail segment to reduce vehicle miles traveled, and pre -planning for rooftop solar and on-site electric charging for both passenger vehicles and trucks to reduce fossil fuel usage and air pollutant emissions. The perimeter screen wall facing 3rd Street is designed with murals, tiles, and other public art elements. A green space is positioned at the intersect ion of 3rd Street and Victoria Avenue where drought tolerant landscaping, benches, and a water tower that formerly served Norton Air Force Base, is placed as a community amenity. T&B Planning addressed these mitigations by design® fe atures in the EIR and guided the project through its CEQA compliance process by avoiding, reducing, and mitigating impacts through an intricate combination of regulatory requirements, project design features, and added mitigation measures that were feasible for the applicant to implement and for the City to enforce. The project was approved by the City of San Bernardino City Council in April 2021.

Majestic Thousand Palms EIR
Project Type: Industrial (Private Development)
Type of Document: Environmental Impact Report
Location: Thousand Palms; unincorporated Riverside County Lead Agency: County of Riverside
Applicant: Majestic Realty Co.

Contact: Russell Brady, Principal Planner
Email: [email protected]

T&B Planning prepared an EIR for the Majestic Thousand Palms pr oject, which involved the approval of a General Plan Amendment, Change of Zone, and Industrial Plot Plan for an 83.0 -acre property located east of Rio del Sol and north of the future extension of 30
th Avenue within the Thousand Palms community of
unincorporated Riverside County. The project consisted of a proposed 1,238,992 square foot (s.f.) warehouse building and an Imperial Irrigation District (IID) 50 megawatt (MW) joint electric substation. The EIR also studied off-site road improvements and the construction of power poles supporting overhead lines between the proposed IID substation and existing IID facilities. T&B Planning prepared the EIR, ensured CEQA administrative procedure compliance, distributed CEQA notices, responded to public comments and

West Nichols Logistics Center CEQA Consulting Proposal
Exhibit A: Qualifications

concerns, and supported County staff during the Planning Commission hearings. The project was approved by the Riverside County Board of Supervisors in May 2025.

KEY PERSONNEL
Project Leads, Staffing, and Organizational Structure
T&B Planning offers an expert team of Principal and senior -level CEQA practitioners. Our three CEQA Principals - Tracy Zinn, AICP; Nicole Morse, Esq.; and Tina Andersen - each bring 25 to 35 years of experience in CEQA consulting. Additionally, our Senior Associates and Senior Project Managers possess between 18 and 25 years of CEQA- compliance expertise. The Principal or Senior Associate or Senior Project Manager coordinates with our in-house team, which includes project managers, assistant project managers, project coordinators, environmental analysts, GIS and graphics technicians, and administrative staff. Staffing levels allocated to a project are determined by project scope and complexity - small projects are assigned a leaner team, while large projects are supported by a structured, dedicated team. When technical experts are subcontracted to conduct specialized studies, they report directly to the T&B Planning Principal or Senior Associate rather than to junior staff. T&B Planning performs the majority of services in -house, with subconsultants providing technical reports as necessary and appropriate for the project.

Team Capacity and Organizational Chart
T&B Planning has staff immediately available to support the City of Lake Elsinore in preparing and processing the CEQA -compliance documentation for the West Nichols Logistics Center P roject. While we remain in high demand, we carefully allocate managers and support staff based on project schedule, type, and complexity – ensuring each assignment receives the attention it deserves. We only accept projects when we have the capacity to fully commit from initiation through completion, which ensures that the City will receive timely, responsive service, and a consistently high level of quality throughout the life of the project.

T&B Planning is committed to complete services and deliverables prepared in compliance with regulatory requirements, by professionals that hold a high degree of personal and professional integrity. CEQA consulting services for the West Nichols Logistics Center Project will be led by Jerrica Harding, Senior Associate, and will be overseen by Tracy Zinn, who will serve as Principal- in-Charge. The Senior Associate and Principal- in-Charge will be supported by our in -house environmental analysts, planners, tech nical writers, and GIS/graphics specialists.

Short bios are provided below for the CEQA Principal and Senior Associate that would be assigned to the West Nichols Logistics Center P roject, followed by an organizational chart and resumes for key staff at the Principal and Manager levels. These resumes highlight representative projects, with further project details available upon request.

West Nichols Logistics Center CEQA Consulting Proposal
Exhibit A: Qualifications

Tracy Zinn, AICP, Principal/President
Tracy Zinn, AICP, is the President and Chief Executive Officer of T&B Planning, bringing more than 32 years of experience in land use planning, entitlements, and environmental compliance. Renowned for her expertise in navigating complex projects through th e CEQA compliance process, she serves as the primary point of contact for applicants and lead agencies and ensures practical, legally defensible outcomes. From 2010 to 202 4, she personally managed entitlements and CEQA compliance for over 125 projects, including a countless number of residential homes and over 150 million square feet of industrial, warehouse, and business park space. In addition, Tracy actively leads public engagement efforts, including workshops, stakeholder meetings, and public hearing presentations, helping to build consensus and community informed outcomes.

Jerrica Harding, AICP, Senior Associate
Jerrica Harding, AICP, joined T&B Planning in 2002 and provides supervision, oversight, and management of environmental consulting services for projects in Southern California. Jerrica is primarily focused on ensuring project compliance with the California Environmental Quality Act (CEQA), and she serves as project manager for complex planning and environmental compliance projects. As a project manager, she is responsible for managing the production and review of technical studies and leading project teams in the preparation of Environmental Impact Reports (EIRs).

Jerrica is a results -oriented manager with a record of successful team coordination and leadership. Her problem-solving skills and technical accuracy often exceed the expectations of clients, agencies, and project applicants and she is relied on for CEQA expertise. Jerrica has prepared over 100 CEQA documents, including Mitigated Negative Declarations (MNDs), Initial Studies/Environmental Assessments (IS/EA), EIRs, Mitigation, Monitoring, and Reporting Programs (MMRPs), EIR/MND Addendums, and other environm ental documents for residential, commercial, industrial, mining, and public facility projects for both public and private clients.

West Nichols Logistics Center CEQA Consulting Proposal
Exhibit A: Qualifications

T&B Planning’s CEQA Compliance Team Organization Chart

Nicole Morse, Esq.

Principal/Vice President
Cristina Andersen
Principal
Tracy Zinn
Principal/President
Tracy Chu
Project Manager

CEQA PRINCIPALS MANAGERS ANALYSTS Connie
Anderson
Director/Senior
Project Manager
Jerrica Harding
Senior Associate
Amy Flores
Senior Project
Manager
Emilie Colwell
Project Manager
David Ornelas
Senior Associate
Tracy Zinn, AICP, is the President and Chief Executive Officer of T&B Planning, bringing more than 32 years of experience in land use planning, entitlements, and environmental compliance. Renowned for her expertise in navigating complex projects through the California Environmental Quality Act (CEQA) compliance process, she serves as the primary point of contact for applicants and lead agencies and ensures practical, legally defensible outcomes. From 2010 to 2024, she personally managed entitlements and CEQA compliance for over 200 projects, including a countless number of residential homes and over 150 million square feet of industrial, warehouse, and business park space.

Tracy is known for her ability to simplify complex planning processes, manage multi-disciplinary teams, and provide clear, solution-focused leadership. She is highly regarded by public agencies for producing CEQA documents that are clear, technically robust, and legally sound. In addition, Tracy actively leads public engagement efforts, including workshops, stakeholder meetings, and public hearing presentations, helping to build consensus and community- informed outcomes.

SUMMARY OF EXPERIENCE
Environmental Compliance Documents (CEQA and Technical Reports) Tracy has led preparation and peer review of hundreds of CEQA compliance documents spanning diverse project types, including logistics and supply chain facilities, business parks, commercial centers, residential and mixed-use developments, and infrastructure projects. She also oversees the preparation of supporting technical studies to ensure regulatory alignment and accuracy. Her consistent use of objective methodologies strengthens the legal defensibility and technical integrity of CEQA documents.

Project Management and Public Meeting Facilitation
Tracy is a skilled communicator and public-facing representative for project applicants and lead agencies. She regularly leads scoping meetings and delivers technically sound, persuasive presentations at public hearings and community workshops. Tracy is adept at responding to public comments with clarity and professionalism, fostering trust and transparency. In addition, she manages complex coordination among public agencies and multi-disciplinary teams, ensuring alignment across stakeholders and overseeing the work of technical analysts to maintain quality and consistency.

Master Planning/Land Entitlement Permits
Tracy brings deep, practical expertise in local and regional planning issues, zoning regulations, design standards, and public policy—an asset to any land use planning or entitlement effort. She has authored numerous high-profile planning studies, specific plans, and design guidelines, and guides projects through complex permitting and entitlement processes. Leveraging her dual background in planning and environmental compliance, Tracy excels at recommending design solutions that are contextually appropriate and optimize both time and budget while supporting project success.

Tracy Zinn, AICP
President/Principal/CEO
714.505.6360 Ext. 350
[email protected]
T&B Planning, Inc.
3200 El Camino Real, Suite 100
Irvine, CA 92602
www.tbplanning.com
Education
Bachelor of Science in
Urban and Regional Planning
(Indiana University
of Pennsylvania, 1992)
Certifications
American Institute of
Certified Planners (AICP)
Affiliations
California Association
of Environmental
Professionals (AEP)
American Planning
Association (APA)
Commercial Real Estate
Development Association
(NAIOP)

REPRESENTATIVE LIST OF ENVIRONMENTAL COMPLIANCE DOCUMENTS Industrial, Warehousing, and Business Park
● 2929 East Imperial Highway MND; Brea
● Antelope Valley Commerce Center EIR; Palmdale
● American Jerky Co. Section 15183 Compliance Findings; Victorville ● Arcadia Logistics Center EIR; Arcadia
● Brodiaea Commerce Center EIR; Moreno Valley
● Chino Parcel Delivery Project (FedEx Parcel Hub) EIR; Chino ● Corona Magnolia MND; Corona
● First Inland Logistics Center II EIR; Moreno Valley
● Goodman Logistics Center EIR Addendum; El Monte
● Goodman Logistics Center III EIR; Fontana
● Green River Ranch EIR (Peer Review); Corona
● Majestic Chino Heritage EIR; Chino
● Majestic Freeway Business Center Phase II EIR; Riverside County ● Majestic Gateway EIR; Bakersfield
● Majestic Thousand Palms (Warehouse); Riverside County ● Platform Tustin MND; Tustin
● Proficiency Renaissance EIR Addendum; Rialto
● Rider and Harvill MND (Warehouse); Riverside County
● Rider and Patterson EIR; Riverside County
● San Manuel Landing EIR; San Bernardino
● San Michelle Business Center MND; Moreno Valley
● Seaton Tech Center MND; Riverside County
● Serrano Commerce Center EIR; Riverside County
● Sierra Business Center EIR; Fontana
● Slover Avenue Distribution Center EIR; Fontana
● The HUB EIR; Palmdale
● The Park @ Live Oak Specific Plan EIR; Irwindale
● Watson Industrial Park EIR; Chino
● Whittier Boulevard Business Park Focused EIR; Whittier Infill, Residential, Institutional, and Mixed-Use
● Avanti North Specific Plan EIR; Lancaster
● Balboa Marina West MND; Newport Beach
● Central Village Specific Plan EIR Addendum; San Diego ● Church of the Woods EIR; San Bernardino County
● Indio Gateway MND; Indio
● Mountain View Apartment Homes MND; La Habra
● Residences at Newport Center; Newport Beach
● Santa Fe Springs Self Storage MND; Santa Fe Springs
● Terramor Specific Plan EIR Addenda #1, #2, #3 and #4; Riverside County ● VA Outpatient Clinic; Bakersfield
● Vernola Marketplace Apartments MND; Jurupa Valley
WWW.TBPLANNING.COM
Tracy Zinn, AICP

Jerrica Harding, AICP, joined T&B Planning in 2002 and provides supervision, oversight, and management of environmental consulting services for projects in Southern California. Jerrica is primarily focused on ensuring project compliance with the California Environmental Quality Act (CEQA), and she serves as project manager for complex planning and environmental compliance projects. As a project manager, she is responsible for managing the production and review of technical studies and leading project teams in the preparation of Environmental Impact Reports (EIRs).

Jerrica is a results-oriented manager with a record of successful team coordination and leadership. Her problem-solving skills and technical accuracy often exceed the expectations of clients, agencies, and project applicants and she is relied on for CEQA expertise.

SUMMARY OF EXPERIENCE
Project Management
Jerrica effectively and efficiently manages teams of technical experts. She also represents clients at public hearings and workshops and manages coordination efforts among public agencies. Jerrica is highly skilled in reviewing technical reports for adequacy and directs teams of technical consultants to ensure projects are completed on-time and on-budget.

Environmental Compliance Documentation
Jerrica has prepared over 100 CEQA documents, including Mitigated Negative Declarations (MNDs), Initial Studies/Environmental Assessments (IS/EA), EIRs, Mitigation, Monitoring, and Reporting Programs (MMRPs), EIR/MND Addendums, and other environmental documents for residential, commercial, industrial, mining, and public facility projects for both public and private clients.

Planning/Entitlement Documentation
In addition to environmental compliance documentation, Jerrica is well-versed in preparing and processing planning/entitlement documentation. She has prepared Change of Zone, Specific Plan, Development Plan, Master Plan, Precise Plan, and General Plan Amendment applications; Specific Plans; Zoning Ordinances; and public notices, including Notices of Preparation (NOP) and Notices of Completion (NOC).

Visual Quality and Community Character Analyses
Jerrica is a recognized expert for preparing visual quality and community character analyses for projects throughout Southern California. These analyses are often utilized in CEQA documents, such as EIRs, to analyze a proposed project’s potential impacts to aesthetics and community character. Reports and illustrations address topics such as visual quality, viewsheds, lighting, and aesthetic and community character impacts as viewed from surrounding public viewing areas.

Jerrica Harding, AICP
Senior Associate
714.505.6360 ext. 101
[email protected]
T&B Planning, Inc.
8690 Aero Drive,
Suite 115 PBM 383
San Diego, CA 92123
www.tbplanning.com
Education
Master of Urban and Regional
Planning
(Eastern Washington University,
2001)
Bachelor of Science,
Natural Resources Planning
(Humboldt State University, 1999)
Certifications
American Institute of
Certified Planners
(AICP)
Affiliations
American Planning
Association (APA)
Building Industry
Association (BIA)
Member, San Diego BIA City/
County Legislative Committee
California Association of
Environmental Professional
(AEP)

REPRESENTATIVE LIST OF ENVIRONMENTAL COMPLIANCE DOCUMENTS Specific Plans, Residential Subdivisions, Infill Residential ● Borba EIR Addendum; City of Chino
● Brewart Residential EIR Addendum; City of Chino
● Central and Francis EIR Addendum; City of Chino
● Central Village Specific Plan EIR Addendum; City of San Diego ● Fern and Riverside EIR Addendum; City of Chino
● Fleming Ranch EIR; City of Menifee
● Keller Crossing EIR; County of Riverside
● Heritage Lake EIR Addendum; City of Menifee
● Lido Villas Residential MND; City of Newport Beach
● Lumina EIR Addendum; City of San Diego
● Nichols Ranch Specific Plan EIR; City of Lake Elsinore ● North Ranch MND Addendum; County of Riverside
● Melrose + Oceanside EIR; City of Oceanside
● Sycamore Creek Specific Plan EIR Addendum; County of Riverside Industrial, Warehousing, Business Park, and Commercial Retail ● The Landing by San Manuel; City of San Bernardino
● El Monte Logistics Center EIR Addendum; City of El Monte ● Hawano Supplemental EIR; County of San Diego
● Majestic Freeway Business Center Specific Plan EIR Addenda; County of Riverside ● Stoneridge Commerce Center Specific Plan EIR; County of Riverside ● Renaissance Ranch Specific Plan EIR; County of Riverside Resource Extraction and Infrastructure
● Gilman Springs Mine Expansion EIR; County of Riverside ● Nichols Mine Expansion EIR; City of Lake Elsinore
● Otay Business Park Supplemental EIR; County of San Diego ● Riverside and Cypress EIR Addendum; City of Chino
● San Lorenzo Lift Station EIR; City of Santa Ana
● Second Revision to Surface Mining Permit No. 143 EIR Addendum; County of Riverside ● Surface Mining Permit 139, Revision No. 1 MND; County of Riverside ● Surface Mining Permit 159, Revision No. 2 EIR; Riverside County ● Walnut Pump Station MND; City of Santa Ana
Representative List of Visual Quality Studies
● Chollas Creek Visual Quality Report; County of San Diego ● Highlands Ranch Visual Quality Report; County of San Diego ● Luther Drive Visual Quality Report; County of San Diego ● Santa Fe Chinese Church Visual Simulation Analysis; County of San Diego ● Spring Valley Vistas Visual Quality Report; County of San Diego ● Wildwood Canyon Radio Tower Visual Quality Report; County of San Bernardino ● WIS Broadcast Tower Visual Quality Report; County of San Diego Representative List of Technical Studies
● Agricultural Resources Report for The Grove Project; County of San Diego ● Candlelight Villas East Land Use Consistency Analysis; City of San Diego ● Correia Middle School Lighting Impact Analysis; City of San Diego ● The Grove Community Character Study; County of San Diego ● Hoover High School Lighting Impact Analysis; City of San Diego WWW.TBPLANNING.COM
Jerrica Harding, AICP

West Nichols Logistics Center CEQA Consulting Proposal
Exhibit B: Scope of Work

EXHIBIT B: SCOPE OF WORK

Project Understanding
Based on a preliminary project description provided by the Project Applicant’s team and a preliminary site plan, it is our understanding that the City of Lake Elsinore has received discretionary land use applications for a General Plan Amendment, the Third Amendment to the Murdock Alberhill Ranch Specific Plan (MARSP), Zone Change, Industrial Design Review, and Tentative Tract Map primarily affecting an approximately 60.6- acre property located southeast of the intersection of Nichols Road at Terra Cotta Road. Collectively, approval of these applications would allow for development of the site with a 1,054,794 square -foot (s.f.) logistics center and associated site improvements, and would increase the number of residential dwelling units allocated to the MARSP by 640 dwelling units, from 1,819 dwelling units to 2,459 dwelling units. A brief description of the project’s applications is provided below.

• The proposed Amendment No. 3 to the MARSP would revise the land area of Planning Area 1 by increasing Subarea I from 13.9 acres to 60.6 acres, with the expanded Planning Area 1 encompassing lands east of Terra Cotta Road, south of Nichols Road, west of Pierce Street, and north of an existing Southern California Edison (SCE) transmission corridor. The Land Use Designation of the original

13.9 acres within the expanded Subarea I would be changed from Neighborhood Commercial (“C- 1/R-3”) to Commercial - Specific Plan (“C-SP”). The Land Use Designation of the additional 46.7 acres of the expanded Subarea I would be revised from Residential Mixed Use (“ RMU”) and Low - Medium Residential (“LMR”) to Murdock Alberhill Ranch Specific Plan , which would designate the site as “Commercial – Specific Plan (“C- SP”). In addition, and in order to ensure compliance with State Senate Bill 330 (SB 330), Amendment No. 3 would convert Subarea J in Planning Area 2 from Single-Family Residential (“RSF”) to Medium-High Residential (“RMH”) and Multi-Family Residential (“R3”). A total of 2,459 dwelling units would be allocated to overall MARSP area as part of proposed Amendment No. 3, increasing the number of residential dwelling units allowed within the MARSP by 640 dwelling units.

• The proposed General Plan Amendment would change the land use designation for the 46.7 acres proposed to be added to the MARSP from “Residential Mixed Use (RMU)” to “Specific Plan (SP),” indicating that the land use designations for the additional 46.7 acres would be as established by proposed Amendment No. 3 to the MARSP, as described above.

• The proposed Zone Change would change the zoning classification for the 46.7 acres proposed to be added to the MARSP from “Residential Mixed Use (RMU)” to “Specific Plan (SP),” would revise the zoning requirements and development standards for the expanded MARSP Planning Area 1, and would apply revised zoning requirements and development standards applicable to the higher density residential uses proposed within MARSP Planning Area 2.

West Nichols Logistics Center CEQA Consulting Proposal
Exhibit B: Scope of Work

• The proposed Industrial Design Review is required pursuant to Sections 17.415.050 and 17.415.060 of the City of Lake Elsinore Municipal Code (LEMC) for the proposed C- SP land uses within the expanded Planning Area 1. The Industrial Design Review would entitle the 60.6- acre expanded Planning Area 1 for development with a 1,054,794 s.f. building that would include 1,034,794 s.f. of warehouse space and 20,000 s.f. of two-story office space. Access to the site would be provided at four locations along the perimeter of the site. These access locations would include a 26 -foot-wide driveway at the site’s western edge along Terra Cotta Road (vehicular traffic only), and one 26 -foot- wide (vehicular traffic only) and two 40 -foot-wide driveways (truck traffic) along the site’s eastern edge along Pierce Street. Internal site circulation would be provided by a 40 -foot-wide internal road that would encircle the perimeter of the proposed warehouse building. The proposed internal circulation road would provide for efficient traffic circulation throughout the site and will provide for connections to the site access points on the eastern and western entrances to the site. Landscaping and screening walls required pursuant to Council Policy No. 400 -16 Good Neighbor Policy (GNP) also are proposed as part of the Industrial Design Review. The Industrial Design Review also would establish elevation plans that reflect detailed articulation and design accents to comply with the City’s GNP design guidelines.

Scope of Work
This proposal includes the a scope of work for preparation and processing of an Environmental Impact Report (EIR) to demonstrate compliance with the California Environmental Quality Act (CEQA). Please note that the S
COPE OF WORK described below likely will not be undertaken chronologically as presented. To expedite the schedule, there may be overlap on the timing of each task.

PHASE 1 PROJECT DESCRIPTION AND ENVIRONMENTAL SCOPING
Task 1.1 Initiation and Project Description
T&B Planning will initiate work by setting up files, reviewing background data, and requesting files from the City of Lake Elsinore pertaining to entitlement applications filed with the City. As part of this task, T&B Planning will prepare a formal Project Description that will be used throughout the CEQA -compliance process. The Project Description will include both text and exhibits that describe the proposed Project and its associated applications. We expect that a majority of the exhibits will be taken from the Project’s application materials. Because the Project Description will form the basis for analysis within the EIR, it is critical that an accurate description of all project elements be prepared, including construction, phasing, and operational characteristics associated with the proposed Project. Any revisions required to the Project Description after its initial preparation and City approval will be billed under Task 4.1 . It should be noted that the budget for this task anticipates that the Project Applicant’s civil engineer and/or architect will provide to T&B Planning the appropriately georeferenced and projected technical files and plans (State Plane coordinate system, NAD 83, US survey ft) in Autodesk (.dwg) and/or ESRI shapefile (.shp) formats, along with a Portable Document Fo rmat (.pdf) exhibit depicting the data. Provided data must include all pertinent AutoCAD External Reference (XREF) data, relevant layer descriptions, shapefile -related dataset files, and any other connected or referenced information.

West Nichols Logistics Center CEQA Consulting Proposal
Exhibit B: Scope of Work

Task 1.2 Prepare Initial Study
Section 15063 of the State CEQA Guidelines allows for the preparation of an Initial Study (IS) in order to define the scope of an EIR. The IS typically is used to exclude from detailed evaluation environmental topics where it can clearly be concluded that the project would have no impacts or less -than-significant impacts, and is intended to focus the EIR on a project’s potential significant environmental effects. Preparation of an IS is not required under CEQA when it is clear than an EIR will be prepared. For purposes of this proposal, it is anticipated that an IS will be prepared for the project, as described below. However, in the event that the City of Lake Elsinore elects not to have an IS prepared for the project, then the budget identified for this task shall instead be shifted to Task 2.1 to allow for preparation of the EIR subsections that otherwise would have been excluded from detailed analysis by the IS.

T&B Planning will prepare the IS based on the completion of the project description prepared pursuant to Task 1.1. The IS Checklist and Responses to Initial Study Checklist also will be completed and each of the environmental issue areas contained within the Checklist will be evaluated and assigned a significance rating of “No Impact,” “Less than Significant Impact, ” “Less than Significant Impact with Mitigation,” or “Potentially Significant Impact.” If substantive evidence cannot be provided in the Initial Study to support a conclusion of “No Impact” or “Less than Significant Impact” for a particular environmental topic, that topic will be further evaluated in the EIR.

Once complete, T&B Planning will submit the IS to the City of Lake Elsinore for review. Subsequent to review by the City, T&B Planning will revise the IS to address comments and submit a revised version for City approval. This proposal anticipates that there will be one round of City review and that requested revisions, if any, would be minor in nature.

Task 1.3 Prepare and Distribute Notice of Preparation (NOP) and Coordinate Scoping Meeting T&B Planning will prepare the Notice of Preparation (NOP) forms as required by Section 15082 of the CEQA Guidelines. The NOP will include a brief description of the project, a description of the project location, and a summary of the probable environmental effects of the project. The NOP form will be provided to the City of Lake Elsinore for review and approval.

The NOP must be distributed for a 30 -day public review period to Responsible Agencies, Trustee Agencies, and other interested parties. We expect that the City of Lake Elsinore or the Project Applicant will provide mailing labels for surrounding property owners within the City’s required notification radius, and that City staff will provide their standard public agency notification list. For public agencies, T&B Planning will conduct the NOP distribution by certified mail, e-mail, and/or other means that provide proof of distribution.

T&B Planning also will distribute a copy of the NOP to surrounding property owners via first class mail.

Printing and mailing expenses (postage and envelopes) are not included in the budget for this task, and will be billed as r eimbursable expenses in accordance with our H

OURLY RATES AND BILLING POLICY (EXHIBIT E)
against our budget for Reimbursable Expense Allowance. During the 30-day public review period of the NOP, T&B Planning will periodically contact City staff and request that they forward copies of the public comment

West Nichols Logistics Center CEQA Consulting Proposal
Exhibit B: Scope of Work

letters to T&B Planning as they are received. We will review the comment letters to ensure that relevant comments are addressed in the EIR. If any comments necessitate an expanded scope of analysis in the EIR, we will reevaluate our scope of work and notify the City.

Pursuant to CEQA Guidelines Section 15206(b)(2)(E), projects that include more than 650,000 s.f. of industrial building area are considered projects that are of “statewide, regional, or area wide significance.” Accordingly, a public scoping meeting will be required pursuant to CEQA Guidelines § 15082(c)(1). In consultation with City of Lake Elsinore staff, T&B Planning will facilitate one (1) public scoping meeting to present the various aspects of the proposed project and to solicit comments regarding th e scope and content of the EIR. It is anticipated that City staff will secure a location for the meeting, advertise the meeting, and prepare all visuals and handouts.

PHASE 2 PREPARE DRAFT ENVIRONMENTAL IMPACT REPORT
Task 2.1 Prepare Administrative Draft EIR
T&B Planning will commence with preparation of the Administrative Draft EIR immediately following completion of the Project Description (Task 1.1) and distribution of the NOP for public review (Task 1.3). We will focus first on preparing the EIR sections that are not reliant on technical studies, as it is anticipated that some of the studies will still be under preparation. Following completion of the technical studies, T&B Planning will complete the A dministrative Draft EIR in accordance with State and City of Lake Elsinore guidelines. The EIR will generally include the following sections:

Executive Summary. This introductory section will provide a synopsis of each P roject component; a summary of the P roject alternatives, including an identification of the “Environmentally Superior Alternative”; and a brief discussion of areas of controversy and issues to be resolved by the decision- making body. The Executive Summary also will include a Mitigation Moni toring and Reporting Program (MMRP) to be prepared as part of Task 2.3 . In the interest of efficiency, the MMRP will be prepared after the City’s review of the First Administrative Draft EIR.

Introduction. The Introduction will explain the purpose of the EIR, the legal authority for preparation of the EIR, and the EIR process. Relationship to the City’s General Plan also will be disclosed.

Additionally, this section will identify other applicable planning documents that apply to the P roject area. In addition, the Introduction will identify the Lead Agency (City of Lake Elsinore ), Responsible Agencies, and Trustee Agencies. The relationship of each component of the Project to future Project approvals and environmental permits also will be described.

Environmental Setting. The Environmental Setting will describe the Project’s location, geographic and physical setting, surrounding land uses, and the physical environmental conditions of the property as they existed on the date of the EIR’s NOP issuance. A brief overview of the environmental conditions of the Project area also will be provided. This section will emphasize unique or rare resources within the Project vicinity that could be impacted by the Project. In addition, a summary of the existing planning and policy context will be presented, including the property’s relationship to

West Nichols Logistics Center CEQA Consulting Proposal
Exhibit B: Scope of Work

the General Plan, the adopted MARSP, zoning, and other applicable regional plans and policy documents.

Project Description. The Project Description, which will be based on the Project Description prepared as part of Task 1.1 , will be used as the basis for the impact analysis throughout the EIR.

This section will include a brief description of the Project’s location and setting. This section also will identify the Project’s objectives, which will form the basis for subsequent analysis of Project alternatives. It is anticipated that a modest amount of coordination effort with City staff and the Project Applicant will be required to identify appropriate objectives for the proposed Project. A detailed description of the Project also will be included, which will consist of a summary of actions that may be associated with Project implementation. Any areas anticipated to be impacted by off - site improvements also will be described in this section. Finally, the Project Description w ill document any and all anticipated subsequent approvals, including approvals that may be required from federal, State, and/or local agencies. Exhibits will be included in this section as necessary to describe the Project proposal.

Environmental Analysis. The Environmental Analysis section will address each environmental issue in the following general manner. The existing conditions/environmental setting as it relates specifically to the environmental topic under evaluation will be described to establish a baseline for conducting the environmental analysis. As necessary and appropriate, a description of key terminology and concepts associated with the environmental issue area will be presented, followed by a discussion of any regulatory requirements that may apply. Next, the significance criteria will be listed and will be accompanied by a justification as to the appropriateness of the criteria selected for evaluation. An analysis will then be presented for each significance criteria, and the analysis will provide a clear description and conclusion as to the level of significance of Project impacts, prior to mitigation.

The analysis will include a discussion of potential direct, indirect, and cumulative impacts of the Project, as well as a discussion of potential growth inducing impacts. T&B Planning will rely on City staff and the P roject’s traffic consultant to identify surrounding p rojects to be included in the cumulative impact analysis . For each significant impact identified, feasible and enforceable mitigation measures will be presented. Finally, each chapter in this section will provide a conclusion as to the level of significance following implementation of recommended mitigation measures.

As described under Task 1.2 , in the event that an Initial Study is prepared for the project, then the scope of analysis in this section will be limited to those topics identified as “potentially significant” by the Initial Study document. In the event that an Initial Study is not prepared for the project, then this section will include an analysis of all 20 environmental topics included in Appendix G to the State CEQA Guidelines, which includes the following subject areas:

• Aesthetics • Land Use and Planning

West Nichols Logistics Center CEQA Consulting Proposal
Exhibit B: Scope of Work

• Agriculture and Forestry Resources
• Air Quality
• Biological Resources
• Cultural Resources
• Energy
• Geology and Soils
• Greenhouse Gas Emissions
• Hazards and Hazardous Materials
• Hydrology and Water Quality
• Mineral Resources
• Noise
• Population/Housing
• Public Services
• Recreation
• Transportation
• Tribal Cultural Resources
• Utilities and Service Systems
• Wildfire

Mandatory CEQA Topics. The EIR will summarize unavoidable impacts of the Project and will identify whether or not the impacts will be mitigated to below a level of significance. The EIR also will disclose significant irreversible environmental changes which would be involved in the proposed action should it be implemented. A discussion of Growth Inducement will focus on elements of the proposed Project which could remove obstacles to growth in the area such as expanded water and sewer service capabilities and the provision of improved roadway connections.

Project Alternatives. The Project Alternatives section will be based on a description of reasonable Project alternatives defined in consultation with City staff and the Project Applicant . Each alternative identified in this section will be intended to meet the Project’s primary objectives while minimizing or eliminating significant environmental effects associated with the proposed Project.

For purposes of budgeting for this task, it is anticipated that no more than three (3) alternatives will be presented in the EIR, including the CEQA- required No Project Alternative. If exhibits illustrating the alternatives are required, we expect that the exhibits will be provided by the Project Applicant’s architect or engineer at a level of detail that facilitates their analysis as required under CEQA. T&B Planning also can prepare the illustrations, although not budgeted at this time.

References. This required section will identify all persons contacted in order to prepare the EIR as well as all reference sources used in order to prepare the EIR.

Upon completion of the Administrative Draft EIR, the Administrative Draft EIR and its supporting technical reports will be submitted to the City of Lake Elsinore for review and comment.

Task 2.2 Revise Administrative Draft EIR
Based on comments received on the First Administrative Draft EIR document, T&B Planning will revise the EIR document to respond to comments, questions, and requests for clarification. This proposal anticipates that comments will be moderate in scope and c omplexity. All document revisions will be indicated in strikeout/underline format based on comments provided. For the purpose of creating a budget for this task, we expect that the City or Project Applicant will not require substantial changes to the Pro ject Description or to any of the technical reports prepared in support of the EIR. Up to 90 hours of staff work is budgeted for

West Nichols Logistics Center CEQA Consulting Proposal
Exhibit B: Scope of Work

two revision cycles ( 180 hours total maximum for all revisions), but we will only invoice for time actually spent.

Task 2.3 Mitigation Monitoring and Reporting Program
T&B Planning will prepare a Mitigation Monitoring and Reporting Program (MMRP) to ensure implementation of mitigation measures, standard conditions, and Project design features assumed in the EIR’s analysis of impacts. The table will identify the conclusions drawn by the EIR, identify the level of impact significance for each significance threshold, and list every project requirement and mitigation measure listed in the body of the EIR, with the implementation timing and responsible parties noted. The MMRP will be provided as part of the Second Administrative Draft EIR. T&B Planning staff is experienced in preparing practical, easily - implemented mitigation monitoring plans for a wide range of mitigation requirements. This proposal includes one round of m oderate revisions to the MMRP in strikeout/underline format based on comments provided by City staff.

Task 2.4 Notice of Completion (NOC) and Public Review Draft EIR Upon receiving City authorization to publish the Draft EIR, T&B Planning will prepare and print for public distribution the Draft EIR and its Technical Appendices per City direction and State requirements. The budget for this task includes distribution of the Draft EIR and Technical Appendices primarily in PDF format.

A small number of hard copies may be required for the City’s internal needs and for distribution to agencies that require paper copies. Expenses associated with printing the Public Review Draft EIR in hard copy format or on USBs are not included in the budget for Task 2.4, and instead will be billed as reimbursable expenses in accordance with our H
OURLY RATES AND BILLING POLICY (EXHIBIT E) against our budget for Reimbursable Expense Allowance.

T&B Planning also will prepare the Notice of Completion (NOC) required for the Draft EIR’s 45- day public review period. As part of this task, it is anticipated that the City of Lake Elsinore or the Project Applicant’s Title Company will provide an updated mailing list for surrounding property owners. In addition, T&B Planning will make any necessary updates to the contact information for Responsible/Trustee Agencies. The distribution list for the Draft EIR will be based on the distribution list prepared for the project’s NOP ( Task

1.3), and supplemented if necessary to add persons and organizations that request notification and any individuals and agencies that commented on the project’s NOP. Prior to public distribution, T&B Planning will submit the draft mailing list to the City for review and approval. As part of this task, T&B Planning also will work with City staff to ensure that an advertisement is prepared for publication in the local newspaper as required by CEQA.

T&B Planning will conduct the Draft EIR distribution by first-class mail. Mailing expenses are not included in the budget for this Task, and will be billed as reimbursable expenses in accordance with our H

OURLY RATES
AND BILLING POLICY (EXHIBIT E) against our budget for Reimbursable Expense Allowance. Written public comment will be directed to the City. If any public comments necessitate an expanded scope of analysis in the Final EIR, we will immediately evaluate our scope-of-work and notify the City.

West Nichols Logistics Center CEQA Consulting Proposal
Exhibit B: Scope of Work

PHASE 3 FINAL ENVIRONMENTAL IMPACT REPORT
Task 3.1 Responses to Public Comments and Administrative Final EIR Upon completion of a 45 -day public review period, T&B Planning will prepare written responses to all comment letters received. All comments received in response to the Draft EIR will be discussed with City staff, the technical consultants, and/or the Project Applicant as necessary.

Concurrently, T&B Planning also will incorporate revisions into the EIR document necessary to clarify or correct information in support of the draft Response to Comments. Any such revisions will be shown in strikeout/underline format in an errata table. A new section in the EIR (“Final EIR”) will be drafted to document the public review process for the EIR, summarize the comment letters received, and identify the nature, location, and reason for any and all revisions incorporated into the final document. This new section also will provide a discussion and rationale for why recirculation of the Draft EIR for an additional 45 -day public review period is not required pursuant to CEQA Guidelines Section 15088.5.

The Responses to Comments and Final EIR will be submitted to the City of Lake Elsinore for review and comment. In the interest of minimizing budget for this task, the budget includes submittal of only the Final EIR section with an errata table showing changes to the Draft EIR for the initial review by the City, along with copies of the draft Response to Comments. Following receipt of comments from the City, T&B Planning will incorporate revisions to the Response to Comments and draft Final EIR and re -submit the documents for a second iteration of City review, which may include a review by the City Attorney.

Following the City’s second review of the Response to Comments and draft Final EIR, it is expected that the document will either be approved by City staff for consideration by the Planning Commission and City Council, or that only minor revisions will be n ecessary. Major revisions are not expected, nor budgeted.

Once approved by City staff, T&B Planning will publish electronic copies of the draft Final EIR for use by decision-makers and City staff during the public hearing process. Additionally, and as required pursuant to CEQA Guidelines Section 15088(b), T&B Planning will distribute copies of the Response to Comments via certified mail to all public agencies and individuals that commented on the Draft EIR at least 10 days prior to certification of the Final EIR. The budget for this task assumes that staff time to prepare and distribute the Final EIR, including responses to comments, will not exceed 105 hours. Certified mailing expenses and printing expenses are not included in the budget for this task, and will be billed as reimbursable expenses in accordance with our H
OURLY RATES AND BILLING POLICY (EXHIBIT E) against our budget for Reimbursable Expense Allowance.

Task 3.2 Prepare Findings of Fact and Statement of Overriding Considerations T&B Planning will prepare the CEQA documents required for the Final EIR public hearings, including the Statement of Overriding Considerations and the Section 15091 CEQA Findings of Fact (requiring a summary of each effect, identification of one or more of the required CEQA findings, listing of the associated mitigation measures, and the rationale for implementing the measures). This document will be submitted to the City of Lake Elsinore Planning Division for review, editing, and approval. The budget for this task includes one

West Nichols Logistics Center CEQA Consulting Proposal
Exhibit B: Scope of Work

round of revisions to the Findings of Fact/Statement of Overriding Considerations, following which the final document will be submitted to the City for final review and approval.

Task 3.3 Notice of Determination (NOD) Posting
After certification of the Final EIR by the City of Lake Elsinore City Council , the City will prepare a Notice of Determination (NOD) form pursuant to Section 15094 of the state CEQA Guidelines. If not done by the City, T&B Planning will electronically post the Notice of Determination (NOD) with the County Clerk and the State Clearinghouse. Timely filing (within five (5) working days of final decision) of the NOD reduces the statute of limitations on court challenges to the approval under CEQA from 180 days to 30 days. Note that the County Clerk filing fee as well as the CEQA review fee required by the California Department of Fish and Wildlife (CDFW) are not included in the budget for this task, and must be paid by the Project Applicant prior to filing of the NOD with the County Clerk.

PHASE 4 MEETINGS, PROJECT MANAGEMENT, AND QUALITY CONTROL It is our intent to anticipate the meetings, hearings, coordination, and correspondence which might be required as part of this task. However, because working on entitlement projects is so often “reactive,” it is difficult to know exactly what work will b e needed. Therefore, while we have provided budgets for each of the Tasks below, all work performed under this Phase of work by T&B Planning will be on a Time and Materials basis in accordance with our H
OURLY RATES AND BILLING POLICY, which is included herein as EXHIBIT E.

Task 4.1 Meetings, Management, Public Hearings
All time spent by T&B Planning in attending meetings, preparing/updating P roject schedules, preparing for and attending public hearings or in coordinating/communicating via phone, e-mail, letter and/or web-based conferencing with City staff, public agencies, the Project Applicant, and the Project Applicant’s consultant team (as needed) to support the CEQA compliance process will be billed on a Time and Materials basis against the budget for this Task. For budgeting purposes, 1 10 staff hours are budgeted (average of 5 hours a month for 14 months, and 30 hours for public hearing preparation and attendance).

Task 4.2 Peer Review of Technical Reports
It is our understanding that all technical studies required in support of the West Nichols Logistics Center EIR will be commissioned directly by the Project Applicant. We also understand that the City of Lake Elsinore will be responsible for conducting a review of the Project’s Geotechnical/Soils Evaluation, Hydrology Study, Water Quality Management Plan (WQMP), Parking Study, Traffic Impact Study, Vehicle Miles Traveled (VMT) Analysis, and Wildfire Protection Plan and Report , and that T&B Planning will be responsible for reviewing the Project’s remaining technical studies, which are listed below. A ccordingly, a s part of this Task, T&B Planning will review the draft technical studies listed below to ensure that all are using the correct project description and to verify that technical reports address all required environmental issues in a manner consistent with CEQA and City of Lake Elsinore requirements. T&B Planning also will review each technical report for accuracy and suitability for use in support of the CEQA analysis. Each technical report must include a description of existing conditions, an impact analysis, identification of appropriate mitigation

West Nichols Logistics Center CEQA Consulting Proposal
Exhibit B: Scope of Work

measures, and a monitoring program, as necessary. As necessary and appropriate, T&B Planning will prepare comment letters memorializing our comments and concerns with each technical study. In addition, the budget for this Task anticipates that all of the Project’s technical consultants will provide their technical reports in an accessible format that meets Americans with Disabilities Act (ADA) requirements as required for uploading of the technical reports to the Office of Planning and Research (OPR) CEQA Submit portal ; additional budget may be needed in the event T&B Planning needs to convert any technical studies to an accessible format in order to meet applicable ADA requirements. Accordingly, the scope of work and budget for this task assumes a maximum of four (4) staff hours of review and coordination time for each technical study, and that only the following technical studies will require review and comment by T&B Planning:

• Air Quality Impact Analysis
• Health Risk Assessment (HRA)
• Biological Resources Assessment
• Determination of Biologically Equivalent or
Superior Mitigation (DBESP), if required
• Cultural Resources Assessment
• Energy Analysis
• Greenhouse Gas Analysis
• Phase I Environmental Site Assessment
(ESA)
• Noise Impact Analysis
• Water Supply Assessment (WSA)

If any technical study requires substantial revision as a result of this review, we will immediately share our findings with the City and discuss what revisions may be required to address any identified concerns.

Task 4.3 Document Publishing and Coordination
Work conducted under this task includes compilation of the NOP, Administrative Draft EIRs, Draft EIR, and Final EIR for printing and distribution. These documents are required to be distributed in both PDF and hard copy formats. Work efforts include creating master PDFs and coordinating hard copy printing as necessary.

It should be noted that the budget for this task accommodates only staff time spent in preparing, compiling, and coordinating printing of required documents and/or preparing PDFs for elect ronic distribution. Costs associated with hard copy printing and/or USB creation will be billed as reimbursable expenses in accordance with our H
OURLY RATES AND BILLING POLICY (EXHIBIT E) against our budget for Reimbursable Expense Allowance.

Task 4.4 Administrative Record Files & Project Close Out Prior to the first public hearing, T&B Planning will prepare a comprehensive electronic record of all relevant documentation in our possession for transfer to the City as part of the Administrative Record. Relevant documentation will include final versions of the Initial Study (if prepared), NOP, EIR, supporting technical reports, all information sources cited in the EIR’s references section, and pertinent written correspondence related to the EIR analysis methodologies and findings. T&B Planning will pro vide the City with a link to our files for inclusion in the City’s Administrative Record. This Task also includes closing out the project, which includes delivery of any and all requested documents and files to the City, transferring of substantive email to permanent records, and archiving project files for a minimum of 5 years.

West Nichols Logistics Center CEQA Consulting Proposal
Exhibit C: Estimated Project Schedule

EXHIBIT C: ESTIMATED PROJECT SCHEDULE

Tasks Duration Start Finish
City Issues Contract 1 day Fri 8/8/25 Fri 8/8/25
Project Kick Off Meeting 1 day Mon 8/18/25 Mon 8/18/25
All Applicant-Prepared Technical Studies Provided to T&B Planning 1 day Mon 10/6/25 Mon 10/6/25 Environmental Scoping 62 days Tue 8/19/25 Wed 11/12/25
Prepare Preliminary Project Description 1 wk Tue 8/19/25 Mon 8/25/25 Prepare NOP Forms & Initial Study (If Required) 3 wks Tue 8/19/25 Mon 9/8/25 City Review of Preliminary Project Description, NOP Forms, & Initial Study 2 wks Tue 9/9/25 Mon 9/22/25 Revise and Finalize Preliminary Project Description, NOP Forms, & Initial Study 1 wk Tue 9/23/25 Mon 9/29/25 City Review of Revised Scoping Documents 1 wk Tue 9/30/25 Mon 10/6/25 Coordination and Distribution of NOP Materials for Public Review 1 wk Tue 10/7/25 Mon 10/13/25 Public Review Period for NOP 30 edays Mon 10/13/25 Wed 11/12/25 Scoping Meeting (Approximate) 1 day Tue 10/28/25 Tue 10/28/25 Draft Environmental Impact Report 179 days Tue 10/7/25 Sun 6/14/26 Prepare Detailed Project Description 2 wks Tue 10/7/25 Mon 10/20/25 City/Applicant Review of Detailed Project Description 2 wks Tue 10/21/25 Mon 11/3/25 Revise/Finalize Project Description per Comments Received 1 wk Tue 11/4/25 Mon 11/10/25 Prepare 1st Administrative Draft EIR 10 wks Tue 10/7/25 Mon 12/15/25 City Review of 1st Administrative Draft EIR 6 wks Tue 12/16/25 Mon 1/26/26 Revise and Prepare 2nd Administrative Draft EIR 4 wks Tue 1/27/26 Mon 2/23/26 City Review of 2nd Administrative Draft EIR 4 wks Tue 2/24/26 Mon 3/23/26 Revise and Prepare Administrative Public Review Draft EIR 2 wks Tue 3/24/26 Mon 4/6/26 City final review of Draft EIR; Clearance for Public Review 2 wks Tue 4/7/26 Mon 4/20/26 Coordination with City on NOC/NOA Forms and Distribution List 1 wk Tue 4/21/26 Mon 4/27/26 Distribution of Public Review Draft EIR for 45-day Public Review Period 3 days Tue 4/28/26 Thu 4/30/26 45-Day Public Review Period for Draft EIR 45 edays Thu 4/30/26 Sun 6/14/26 Final Environmental Impact Report 80 days Mon 6/15/26 Fri 10/2/26 Review of Comment Letters 1 wk Mon 6/15/26 Fri 6/19/26
Call with Applicant Team to Discuss Comments and Information Needed for Responses 1 day Mon 6/22/26 Mon 6/22/26 Prepare Responses to Comments and Draft Final EIR 4 wks Mon 6/22/26 Fri 7/17/26 Prepare Findings of Fact and Statement of Overriding Considerations (SOC) 4 wks Mon 6/22/26 Fri 7/17/26 City Review of 1st Draft Final EIR, Findings, and SOC 4 wks Mon 7/20/26 Fri 8/14/26 Revise Draft Final EIR, Findings, and SOC per City Comment 2 wks Mon 8/17/26 Fri 8/28/26 City Review of Revised Final EIR, Findings, and SOC 4 wks Mon 8/31/26 Fri 9/25/26 Finalize Final EIR, Findings, and SOC per Final City Comments 1 wk Mon 9/28/26 Fri 10/2/26 Clearance of EIR, Findings, and SOC for Public Hearing 0 days Fri 10/2/26 Fri 10/2/26 Public Hearings 52 days Thu 10/22/26 Fri 1/1/27
Distribute Final EIR Responses to Comments to Commenting Parties 1 day Thu 10/22/26 Thu 10/22/26 Planning Commission Hearing (Estimated) 1 day Mon 11/2/26 Mon 11/2/26 City Council Hearing (Estimated) 1 day Tue 12/1/26 Tue 12/1/26 File Notice of Determination (NOD) with County Clerk and State Clearinghouse 1 day Wed 12/2/26 Wed 12/2/26 CEQA 30-day Statute of Limitations 30 edays Wed 12/2/26 Fri 1/1/27 City Council Hearing (2nd Reading of Zone Change Ordinance) 1 day Wed 12/16/26 Wed 12/16/26

West Nichols Logistics Center CEQA Consulting Proposal
Exhibit D: Project Budget

EXHIBIT D: PROJECT BUDGET

The services set forth in EXHIBIT B, Scope of Work, shall be provided pursuant to the following cost estimate.

Fixed Fee tasks will be billed based on percentage complete. Time and Materials tasks are estimated not- to-exceed budgets and will be billed based on staff time spent on the task, rounded up to the one -quarter hour. The Reimbursable Expense Allowance is estimated to cover out-of- pocket expense such as printing, plotting, mileage, file storage, materials, and data acquisition. Refer to our HOURLY RATES AND BILLING POLICY (EXHIBIT E).

Phase/Tas
k Description Fee Type Budget
Phase 1 Project Description and Environmental Scoping
Task 1.1 Initiation and Project Description Fixed Fee $8,010.00 Task 1.2 Prepare Initial Study Fixed Fee $14,190.00
Task 1.3 Prepare and Distribute Notice of Preparation (NOP) and Coordinate Scoping Meeting Fixed Fee $5,570.00
Sub-Total - Phase 1: $27,770.00
Phase 2 Prepare Draft Environmental Impact Report
Task 2.1 Prepare Administrative Draft EIR Fixed Fee $91,410.00 Task 2.2 Revise Administrative Draft EIR T&M Estimate $37,700.00 Task 2.3 Mitigation Monitoring and Reporting Program Fixed Fee $2,170.00 Task 2.4 Notice of Completion (NOC) and Public Review Draft EIR Fixed Fee $8,825.00 Sub-Total - Phase 2: $140,105.00
Phase 3 Final Environmental Impact Report
Task 3.1 Responses to Public Comments and Administrative Final EIR T&M Estimate $22,335.00 Task 3.2 Prepare Findings of Fact and Statement of Overriding Considerations Fixed Fee $10,775.00 Task 3.3 Notice of Determination (NOD) Posting Fixed Fee $1,230.00 Sub-Total - Phase 3: $34,340.00
Phase 4 Meetings, Project Management, and Quality Control Task 4.1 Meetings, Management, Public Hearings T&M Estimate $23,850.00 Task 4.2 Peer Review of Technical Reports T&M Estimate $8,200.00 Task 4.3 Document Publishing and Coordination T&M Estimate $12,080.00 Task 4.4 Administrative Record Files & Project Close Out T&M Estimate $3,520.00 Sub-Total - Phase 4: $47,650.00
Total Project Budget: $249,865.00
Reimbursable Expense Allowance (printing, deliveries, etc.): $6,500.00 Total Project Budget (Including Reimbursables): $256,365.00

West Nichols Logistics Center CEQA Consulting Proposal
Exhibit E: Hourly Rates and Billing Policy

EXHIBIT E: HOURLY RATES AND BILLING POLICY

If T&B Planning, Inc. is authorized to provide services on a Time and Materials basis, we will invoice for such work in accordance with the hourly rates provided below. For multi -year contracts, rates are subject to annual escalation not to exceed the annual U.S. rate of inflation or no more than 8%. Change orders are subject to annual billing rate increases and staff promotions to positions with different billing rates. • Principal............................................................................ $245.00 - $280.00/Hour • Director ............................................................................. $205.00 - $245.00/Hour • Senior Associate/Technical Specialist ................................ $195.00 - $235.00/Hour • Senior Project Manager/Development Manager .................. $175.00 - $205.00/Hour • Graphics Manager/GIS Specialist ....................................... $175.00 - $195.00/Hour • Project Manager ................................................................ $165.00 - $185.00/Hour • Senior Planner ................................................................... $135.00 - $165.00/Hour • Assistant Project Manager .................................................. $130.00 - $155.00/Hour • Project Coordinator ........................................................... $110.00 - $140.00/Hour • Accounting Manager .......................................................... $110.00 - $140.00/Hour • Technician-Graphics & GIS ................................................... $95.00 - $140.00/Hour • Development Associate/Environmental Analyst/Planner ........ $95.00 - $140.00/Hour • Technical Editor ................................................................... $95.00 - $125.00/Hour • Office Manager/Executive Assistant ...................................... $90.00 - $115.00/Hour • Administrative Assistant ....................................................... $70.00 - $85.00/Hour Expert testimony and litigation support services will be billed at double the above rates. Overtime and expedite services at Client request will be billed at 1.5 times the above rates.

T&B Planning's hourly rates do not include out -of-pocket expenses (including, but not limited to, printing and reproduction, scanning, plotting, GIS data acquisition fees, aerial photography, project set up fees and insurance certificate issuance, postage, and delivery services). Provided below are the 2025 costs of typical incurred expenses, which are subject to adjustment if our vendors adjust costs beyond the control of T&B Planning.
• Project Initiation/Insurance Certificate Fee ........................................ $495.00/each • Aerial Photographs .......................................................................... $265.00/each • Black/White 8.5 x 11 Copy/Print ............................................................ $0.12/page • Black/White 11 x 17 Copy/Print ............................................................. $0.24/page • Color 8.5 x 11 Copy/Print. ..................................................................... $1.20/page • Color 11 x 17 Copy/Print ....................................................................... $1.45/page • 11 X 17 Folding .................................................................................... $0.30/page • Photo Grade Color Prints.................................................................... $7.20/ sq. ft. • Color Bond Plot ................................................................................ $12.00/sq. ft. • Plan Folding ....................................................................................... $0.48/sq. ft. • USB .................................................................................................. $17.00/each

West Nichols Logistics Center CEQA Consulting Proposal
Exhibit E: Hourly Rates and Billing Policy

• CD w/Sleave and Label ...................................................................... $26.00/each • DVD s/Sleave and Label .................................................................... $36.00/each • Three-Ring Binder (2” to 4”) .................................................... $14.00 - $30.00/each • Custom Binding Materials ......................................................................... At Cost • Mileage ....................................................................................... Current IRS Rate • Parking, Toll Road, Lodging Fees ................................................................. At Cost • U.S Mail ............................................................... Current U.S. Postal Rate at Cost • Certified Mail ...................................................... At Cost based on Size and Weight • Overnight Deliveries .....................................................Current Carrier Rate at Cost • Same-Day Deliveries ................................... Current Messenger Service Rate a Cost

Project Initiation: T&B Planning will commence work upon receipt of a signed contract. A Project Initiation fee of $495.00 will be billed on the first invoice to defray the administrative cost of insurance and file storage. Insurance certificates requested of T&B Planning are included in the $ 495.00 initiation fee. If the Client does not require or request an insurance certificate, The Client agrees that to the fullest extent permitted by law, the total liability, in the aggregate, of T&B Planning, T&B Planning’s officers, directors, partners, employees, agents, and subconsultants, to Client, and anyone claiming by, through, or under Client for any claims, losses, costs, or damages whatsoever arising out of, resulting from or in any way related to this Project or Agreement from any cause or causes, including but not limited to negligence, professional errors and omissions, strict liability, breach of contract, or breach of warranty, shall not exceed 50% of the total compensation received by T&B Planning or $50,000 whichever is greater.

Invoicing/Payments Due: T&B Planning invoices on a monthly basis in proportion to the time spent on the project to date. Time and materials labor is rounded to the one-quarter hour. Fixed fee labor is invoiced based on the percentage of work complete for the Task. Unless pre-arranged, all billing statements are due and payable within thirty (30) days of the submittal date. A finance charge of 1.5% per month will be charged on all invoices not paid within sixty (60) days of invoice submittal and a finan ce charge of 5% per month will be charged on all invoices not paid within ninety (90) days of invoice submittal. T&B Planning’s procedure for prioritizing work is strongly influenced by timely payment of invoices by the Client. T&B Planning reserves the right to reallocate contracted budget amounts from one Task or Subtask to another Task or Subtask to account for efficiencies and/or unexpected work efforts that may require additional budget.

Sub-Consulted Work: Outside professional services performed by other individuals/firms that are sub -contracted through T&B Planning will be performed only foll owing authorization from the Client . Billing for any services that are sub-contracted will be billed at our actual cost plus 5% for administrative handling.

No Guarantee of Public Agency Actions: The Client acknowledges that despite our best efforts, certain aspects of the work to be performed involve processing and discretionary approvals by politically influenced agencies and elected officials for which we can provide no guarantee of success. The compensa tion for T&B Planning, its sub - consultants and vendors is not dependent on agency concurrence or approvals.

File Storage: All substantive work products, including but not limited to substantive correspondence, reports, maps, and GIS files generated by T&B Planning for the project will be retained by T&B Planning in its files for a period of two (2) years after the close of the contract. After two (2) years, T&B Planning will archive the project’s files and the files will be subject to archive retrieval fees should the Client or other party request the files. T&B Planning does not guarantee storage of archived files beyond a period of five (5) years and files will be discarded unless T&B Planning is
advised in writing by the Client to retain such files for a longer period. 18)
Memorandum of Understanding with Riverside County Transportation Commission for the Construction of the Interstate 15 Express Lane Project Southern Extension Approve and authorize the Mayor to execute a Memorandum of Understanding with Riverside County Transportation Commission for the Construction of the Interstate 15 Express Lane Project Southern Extension.