Cities Index.
Agenda, regular meeting

Moreno Valley City Council
December 16, 2025

Document
Agenda, regular meeting
Meeting
December 16, 2025
Body
Moreno Valley City Council
Pages
11
Original file
138.0 MB
Text extracted from the city's file for reading and search. Open the original on pub-morenovalley.escribemeetings.com. That file is the official record.

3.4 % Applies to all BESS modules
imported from China.

Reciprocal
IEEPA Tariff
Additional duty imposed under
International Emergency
Economic Powers Act
10 % Effective as of 2025 on covered
Chinese energy storage
products.
“Fentanyl”
Tariff
Supplemental duty targeting
strategic goods
20 % Applies to covered lithium-ion
and related energy products.

Section 301
Tariff
Trade-remedy duty under USTR
Section 301 list
25 % Currently 7.5 %; scheduled to
increase to 25 % effective
January 1, 2026.

Active Anode
Material (AD)
Antidumping duty on AAM portion
of BESS module value
102.72 % Applies only to AAM content
(~15 % of module cost).

Active Anode
Material (CVD)
Countervailing duty on AAM
portion of BESS module value

11.58 % Applies only to AAM content
(~15 % of module cost).

798

EXHIBIT C

SOFTWARE LICENSE, CLOUD SERVICES, CONFIDENTIALITY & NON-DISCLOSURE

1. Definitions
“Agreement” means the Purchase Agreement to which this Exhibit C is attached. “Confidential Information” has the meaning set forth in Section 7 below. “FieldSight Cloud Services” means Seller’s hosted monitoring and management platform used in connection with the Goods.
“Goods” means the energy storage equipment and related hardware described in Exhibit B. “Software” means Seller’s proprietary software (including embedded firmware), documentation, configurations, scripts, test plans, interface/Points Lists, and any updates, patches, enhancements, and derivatives thereof used with the Goods or Seller’s FieldSight Cloud Services.

2. Intellectual Property Rights / Software License
a. Seller retains all right, title, and interest in and to its intellectual property, including its Software, Confidential Information, Goods, documentation, algorithms, interfaces/Points Lists, test scripts, tooling, updates, patches, enhancements, configurations, and derivatives, whether created before or during the term of this Agreement. The Software is licensed, not sold. b. Subject to timely payment and compliance with the Agreement, Seller grants Buyer a non-exclusive, non-transferable, limited license to install and use the Software supplied with the Goods solely to:
i. operate the purchased Goods at the project site(s) identified in the Purchase Order; and ii. access the FieldSight Cloud Services for the warranty period or subscription term stated in the Purchase Order or until termination of the Agreement, . c. Buyer shall not (and shall not permit any third party to) copy (except for reasonable backup), translate, adapt, create derivative works of, decompile, disassemble, reverse engineer, or otherwise attempt to derive source code or underlying ideas from Seller’s Software or Confidential Information; remove or alter proprietary notices or license keys; provide the Software or access to it to third parties (including service bureaus, hosting, or “as-a-service” offerings); or sublicense, rent, lease, loan, assign, or otherwise transfer the Software except as expressly permitted. d. The license to access FieldSight Cloud Services terminates upon expiration of the warranty or subscription term in the Agreement or upon Buyer’s uncured material breach (including nonpayment). The license for all other Software automatically terminates upon termination for any reason and or Buyer’s material breach (including non-payment) that remains uncured per the Agreement. Upon termination or expiry, Buyer must cease all use, remove or disable non-embedded Software, and certify destruction of non-embedded copies. Accrued fees and Seller’s remedies survive.
e. Buyer grants Seller [AB1] a worldwide, royalty-free license to collect, host, process, operational data generated by the Goods and site (e.g., time-series SCADA points, alarms, performance logs) and use such data solely (i) to provide support and services under the Agreement and (ii) in aggregated or 799
de-identified form that does not identify Buyer, the site, or any information specific to Buyer's operations, to improve Seller’s Software, products, and services. Seller[AB2] retains ownership of all improvements derived from such de-identified use.
f. Any scripts, interface definitions, mappings, configurations, test plans, reports, or other materials created by Seller under a Purchase Order (collectively, “Work Product”) are and remain Seller’s property, even if customized for Buyer. Buyer receives a non-exclusive right to use such Work Product solely with the Goods at the applicable site(s) subject to the terms of this Agreement.

3. Cloud Service Levels and Support (SLA)
 Availability: Seller will use commercially reasonable efforts to maintain ≥ 99.5 % annual uptime for FieldSight Cloud Services, excluding scheduled maintenance and excused downtime.  Scheduled Maintenance: Seller will give at least 48 hours’ notice for planned maintenance; emergency maintenance may occur on shorter notice.
 Support Targets (business hours):
o P1 – critical system down / safety risk – acknowledge 1 hour; action plan 4 hours; continuous effort until mitigated.
o P2 – major impairment – acknowledge 4 hours; action plan same business day; mitigation within 2 business days.
o P3 – minor issue / question – acknowledge 1 business day; resolution path within 5 business days.
 Exclusions: SLA targets exclude issues caused by Buyer’s network or third-party carriers/ISPs, Buyer-initiated changes or misuse, force majeure, or non-Seller integrations.  Remedies: For repeated, material SLA misses directly caused by Seller, Seller will extend the Cloud term proportionally or provide reasonable support credits; these are Buyer’s sole and exclusive SLA remedies.

4. Confidentiality and Non-Disclosure
a. Purpose. In connection with the performance of the Agreement, each Party may disclose certain non-public or proprietary information relating to its operations and business. b. Definition. “Confidential Information” means all information furnished by or on behalf of a Party, whether oral, written, or electronic, including technical data, business or financial information, product plans, pricing, software, and discussions regarding the Agreement. 800
c. Exclusions. Confidential Information does not include information that: (i) becomes public without breach; (ii) was lawfully in the Receiving Party’s possession; (iii) is lawfully obtained from a third party without duty of confidentiality; (iv) is independently developed without use of the Confidential Information; (v) is disclosed under written authorization; or (vi) must be disclosed under legal compulsion after giving prompt notice (if lawful) and reasonable cooperation to seek protective relief.
d. Obligations. The Receiving Party shall use at least the same degree of care (not less than reasonable care) as it uses for its own information, limit disclosure to personnel or contractors with a need-toknow under similar obligations, and use Confidential Information only to perform under the Agreement.
e. Retention and Return. Upon request or termination/expiration of the Agreement, the Receiving Party shall return or destroy Confidential Information (archival backups may be retained subject to ongoing confidentiality).
f. Term. Confidentiality obligations survive for five (5) years from termination/expiration of the Agreement; trade-secret information remains protected so long as it qualifies as a trade secret. g. Remedies. Unauthorized use or disclosure may cause irreparable harm; the Disclosing Party is entitled to injunctive relief in addition to other available remedies. h. Ownership. All Confidential Information remains the Disclosing Party’s property; no license or other right is granted except as expressly stated herein.

5. Term and Termination (Exhibit C)
This Exhibit remains in effect for the term of the Agreement and, for confidentiality, for the period specified in Section 4(f) in this Exhibit. Sections concerning confidentiality, data, IP, restrictions, and remedies survive termination or expiration of the Agreement.

6. Order of Precedence
If any inconsistency arises between this Exhibit and another document incorporated into the Agreement, this Exhibit controls for matters concerning Software, Cloud Services, and Confidential Information, followed by the main Agreement, then other Exhibits, then any Purchase Order, unless otherwise expressly agreed in writing.

Execution of the Agreement constitutes the parties’ agreement to be bound by each of the terms contained herein.
801
Report to City Council
ID: 25-0487 Page 1
TO: Mayor and City Council
FROM: Melissa Walker, Public Works Director/City Engineer AGENDA DATE: December 16, 2025
TITLE: PURCHASE OF UTILITY SWITCHGEAR (REPORT OF:

PUBLIC WORKS) (ALL DISTRICTS)
TITLE SUMMARY: Authorize A Purchase Agreement With G&W Electric Company For The Purchase Of Utility Switchgear
DISTRICT: All Districts
Recommendation(s)
That the City Council:

1. Authorize the City Manager to enter into a Purchase Agreement with G&W Electric Company for the purchase of utility switchgear for the amount of $677,843.10; and

2. Authorize the issuance of a purchase order to G&W Electric Company in the amount of $677,843.10, when the contract has been signed by all parties; and

2. Authorize the City Manager to execute any subsequent Amendments to the Agreement with G&W Electric Company within the City Council approved annual budgeted amounts, including the authority to authorize the associated purchase orders in accordance with the terms of the agreement, subject to the approval of the City Attorney.

SUMMARY
This report recommends authorizing a purchase agreement with G&W Electric Company for the purchase of utility switchgear for Moreno Valley Electric Utility (MVU). The switchgear is used for emergency response, stock for new utility projects, and for the replacement of switchgears.
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ID: 25-0487 Page 2

DISCUSSION
As the City continues to maintain its electric grid, several existing utility switchgear assets will need to be replaced during either emergency scenarios or during routine maintenance cycles. A switchgear is a combination of switches, fuses, circuit breakers, and other control/protective devices housed in an enclosure, used to control, protect, and isolate electrical equipment, ensuring safe power distribution in commercial, industrial, and utility settings by quickly interrupting fault currents, reconfiguring circuits and allowing maintenance. At the same time, Moreno Valley Electric Utility (MVU) has extensive planned developments for both developer-driven and utility-driven projects, which will require a variety of different switchgear in order to serve the needs of the utility. Finally, orders for utility switchgear tend to have longer lead times, sometimes over 52 weeks to receive equipment after order, which poses a risk if proper stock is not maintained by MVU.

In order to properly prepare for both planned/unplanned switchgear replacements and for planned capital improvement projects, MVU must maintain stock switchgear at the City’s corporate yard to ensure project success and emergency response success. This agreement will allow MVU to purchase six (6) units of switchgear from G&W Electric Company that are needed to maintain proper stock levels for switchgear used by MVU.

Due to the extensive lead times, authorization to purchase these items will allow MVU to replace infrastructure as needed in a timely manner during normal operation, emergency responses, and provide stock for future projects that will improve overall reliability of the system.

A Request for Quotes (RFQ) for common configurations of switchgear was posted publicly by MVU on the procurement platform OpenGov. The RFQ for the project was advertised in OpenGov on February 14, 2025, and 3 bids were received. Each vendor provided per unit pricing for eight different switchgear configurations. MVU will be purchasing a total of six (6) units of configuration type 4. Below is the summary of the per unit pricing for switch configuration type 4 bid by each of the vendors:

Vendors Verified Bid Amounts

1. G&W Electric Company $ 103,884.00

2. Anixter Inc. $ 135,143.75

3. One Source Supply Solutions $ 123,000.00
G&W Electric Company was the lowest responsible bidder.

The total agreement amount of $677,843.10 reflects the order of six (6) total switches priced at $103,884.00 each, plus the associated sales tax of $54,539.10.

ALTERNATIVES

1. Approve and authorize the recommended action as presented in this staff report.

This alternative will provide for the purchase of utility switchgear in order to maintain proper stock levels and ensure quick outage response and smoother project timelines for planned replacements and new installations. Staff 803
ID: 25-0487 Page 3
recommends this alternative.

2. Do not approve and authorize the recommended actions as presented in this staff report. This alternative will result in delayed outage response in the event of switchgear failures, as well as longer project timelines for planned equipment replacements and new installations. Staff does not recommend this alternative.

FISCAL IMPACT
Funding for this purchase was approved in the Fiscal Year 2025/2026 & 2026/2027 Adopted Operating Budget. MVU will be using the GL Account for Emergency Outage Response, 6010-70-80-45510-710134. There is no impact to the General Fund.

NOTIFICATION
Posting of the agenda

PREPARATION OF STAFF REPORT
Prepared By: Department Head Approval:

Ariel Dunning, P.E. Melissa Walker, P.E.

Senior Electrical Engineer Public Works Director/City Engineer Concurred By:

Jason Niccoli, P.E.

Electric Utility Division Manager

CITY COUNCIL GOALS
Positive Environment: Create a positive environment for the development of Moreno Valley's future.

Public Facilities and Capital Projects: Ensure that needed public facilities, roadway improvements, and other infrastructure improvements are constructed and maintained.

Public Safety: Provide a safe and secure environment for people and property in the community, control the number and severity of fire and hazardous material incidents, and provide protection for citizens who live, work and visit the City of Moreno Valley.

CITY COUNCIL STRATEGIC PRIORITIES

1. Economic Development

2. Public Safety

3. Library

4. Infrastructure

5. Beautification, Community Engagement, and Quality of Life

6. Youth Programs
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ID: 25
-0487 Page 4
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ID: 25-0487 Page 5
Report Approval Details
Document Title: STAFFREPORT_PW_MVU_SWITCHGEAR.docx
Attachments: - Purchase_Agreement_G_W_10.28.25.pdf
Final Approval
Date:

Dec 9, 2025
This report and all of its attachments were approved and signed as outlined below:

Melissa Walker
Sean Kelleher
Natalia Lopez
No Signature - Task assigned to Dena Heald was completed by workflow administrator Patty Rodriguez
Dena Heald_Deleted
Launa Jimenez
Brian Mohan
Patty Rodriguez
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City of Moreno Valley

PURCHASE AGREEMENT
THIS PURCHASE AGREEMENT (“Agreement”) is made and entered into this day of , 2025 (“Effective Date”), by and between the City of Moreno Valley, a municipal corporation, with its principal place of business at 14177 Frederick Street, Moreno Valley, CA 92552, hereinafter referred to as the “City” (“Buyer”), and G&W Electric Company, an Illinois Corporation, (“Seller”), with Buyer and Seller together sometimes hereinafter referred to as the “Parties.”
RECITALS:

WHERAS, Seller manufactures and supplies pad-mounted switchgear equipment (“Goods”), as described in Exhibit “A,” attached hereto and incorporated herein by this reference; and
WHEREAS, Buyer is in need of Goods for use in electrical switching and protection functions to support the City’s utility operations, within the City of Moreno Valley, California; and
WHEREAS, Seller desires to sell, and Buyer desires to purchase, the Goods, upon the terms and conditions set forth in this Agreement.

NOW, THEREFORE, in consideration of the covenants, conditions and promises contained herein and for such other good and valuable consideration, the receipt of which is hereby acknowledged, the Parties hereby agree as follows:

Section 1. Recitals
The Recitals set forth above are true and correct and are hereby incorporated into this Agreement by this reference, as though set forth in full herein.

Section 2. Purchase, Sale, Delivery of Goods
Seller shall sell and deliver to Buyer at the address indicated herein for receipt of notices, and Buyer shall purchase from Seller, six (6) units of the Item 4 switch, as described in Seller’s quote dated February 28, 2025, included under Exhibit 'A', totaling the price of Six Hundred Seventy Seven Thousand Eight Hundred Fourty Three Dollars and Ten Cents ($677,843.10) (“Purchase Price”) for the units and delivery.

Section 3. Invoice; Inspection; Payment
a. Sellershall invoice the Buyerforthe Goodsin an amount not to exceed the Purchase Price within seven (7) days of delivery of the Goods to Buyer. 807
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b. After delivery, Buyer shall inspect the Goods within a reasonable time not to exceed ten (10) days and provide written notice to the Seller specifying any defects or other objection, unless Buyer intends to accept the Goods in whole, in which case no notice will be necessary. Acceptance of the Goods, whether in whole or in part, shall not be deemed a waiver of any defects identified by the Buyer, nor any defects later discovered by the Buyer, and specified to the Seller in writing.
c. After Buyer has inspected the Goods, Buyer shall pay Seller the Purchase Price, in whole or in part as appropriate, for those Goods accepted under this Agreement. d. Title to Goods or any portion thereof and risk of loss or damage during shipment passfrom Seller to Buyer upon delivery to Buyer’s address listed in Section 9 of this Agreement and acceptance thereof by Buyer.

Section 4. Remedy for Defective Goods
a. Seller agrees that if there is any defect in the Goods, as determined in Buyer’s sole and absolute discretion, and upon written notice thereof given to Seller, Seller shall replace the defective Goods without delay or cost to the Buyer. In the event of Seller’s failure to replace the Goods within the time as reasonably agreed between the Parties, Buyer is hereby authorized to contract with another party for the purchase of replacement goods, and Seller shall reimburse Buyer for all such costs immediately upon demand. b. This section does not in any way limit Buyer’s remedies pursuant to Code of Civil Procedure Section 337, or the guarantee on any items for which a longer guarantee is specified or on any items for which a manufacturer or supplier gives a longer guarantee period. No manufacturer's guarantee period shall in any way limit the liability of Seller under the indemnity provisions of this Agreement.

Section 5. Seller’s Representations and Warranties
Seller hereby makes the following representations, warranties, and acknowledgments, and agrees that such representations, warranties and acknowledgments shall be true as of the Effective Date:
a. Seller, and the person executing this Agreement on behalf of Seller, has the full right, power and authority to enter into this Agreement and to take all actionsrequired of Seller by the terms of this Agreement.
b. The Goods provided to Buyer shall be free from all defects, liens, encumbrances or adverse claims and are of good quality and fit for the purpose and use intended herein. c. All documents executed by Seller pursuant to this Agreement will be duly authorized, executed and promptly delivered to Buyer, and will be legal, valid and binding obligations 808
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enforceable against Seller and will not violate any provisions of any agreement to which Seller is a party or to which it is subject.

Section 6. Buyer’s Representations and Warranties
Buyer hereby makes the following representations, warranties, and acknowledgments, and agrees that such representations, warranties and acknowledgments shall be true as of the Effective Date:
a. Buyer, and the person executing this Agreement on behalf of Buyer, has the full right, power and authority to enter into this Agreement and to take all actionsrequired of Buyer by the terms of this Agreement.
b. All the documents executed by Buyer pursuant to this Agreement will be duly authorized, executed and promptly delivered by Buyer, and will be legal, valid and binding obligations of Buyer enforceable against Buyer in accordance with their respective terms, and will not violate any provisions of any agreement to which Buyer is a party or to which it is subject.

Section 7. Indemnification Obligations of Seller
Seller indemnifies Buyer against, and holds Buyer harmless from, any and all third party losses, claims, expenses, costs, causes of action or obligations (including reasonable attorneys fees) to the extent arising from (i) Seller’s negligent acts, omissions or willful misconduct, (ii) Seller’s replacement of the Goods or any part thereof pursuant to this Agreement, and (iii) Seller's breach of any of its representations, warranties or covenants under this Agreement.

Section 8. Civil Code Section 1542 Waiver
Vendor expressly waives any and all rights and benefits conferred upon it by the provisions of Section 1542 of the California Civil Code which reads as follows:
“A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”
This waiver shall be effective as a bar to any and all actions, fees, damages, losses, claims, liabilities and demands of whatsoever character, nature and kind that are known or unknown, or suspected or unsuspected, including, without limitation, claims of entitlements under the California Public Employees’ Retirement System (CalPERS) that are only afforded to employees and not independent contractors. Seller further represents and warrants that it understands this waiver and that if it does not understand this waiver, it shallseek the advice of a qualified attorney before executing this Agreement.

Section 9. General Provisions
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a. Entire Agreement. This Agreement constitutes the entire agreement and understanding between the Parties with respect to the subject matter contained herein, and supersedes any prior agreement and understanding, either written or oral, about the subject matter hereof. No agreement, statement, or promise not contained in this Agreement shall be valid or binding. This Agreement may only be modified or amended by a written instrument executed by the Parties.
b. Time is of the Essence. Time is of the essence of this Agreement. c. Headings. The subject headings of the sections and paragraphs of this Agreement are included for purposes of convenience only and shall not affect the construction or interpretation of any of its provisions.
d. Termination. Buyer may terminate this Agreement for any reason whatsoever, prior to delivery of the Goods. The purchase of the Goods for orders in process shall be subject to Seller’s standard cancellation policy as shown below:

1. Orders in engineering process – 25% of order value plus any vendor charges levied against G&W for advanced ordered materials.

2. Approval drawingsfurnished and materials advanced ordered – 35% of order value plus cost of materials ordered.

3. Order released for production – up to 100% of order value. e. Modifications and Amendments. This Agreement may be modified or amended only by a written document executed by both Buyer and Seller and approved as to form by Buyer’s City Attorney.
f. Notices.

1. 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.

Seller:

G&W Electric Company
305 West Crossroads Parkway
Bolingbook, IL 60440
Attn: Sara Ponto
City:
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City of Moreno Valley
14177 Frederick Street
P.O. Box 88005
Moreno Valley, CA 92552
Attn: Electric Utility Division Manager

2. Notices, payments and other documents shall be deemed delivered upon receipt by personal service or as of the second (2nd) day after deposit in the United States mail.
g. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. Electronic signatures shall be deemed to constitute evidence of the Agreement having been executed.
h. Successors and Assigns. Each covenant and condition contained in this Agreement shall inure to the benefit of and be binding on the parties to this Agreement and their respective heirs, executors, administrators, personal representatives, successors and assigns. This Agreement shall be non-assignable without the express written consent of Buyer.
i. Further Assurances. The Parties agree to cooperate with each other and to execute, deliver and record such other agreements and documents and to take such other actions as are reasonably necessary or helpful to more effectively consummate the transaction(s) contemplated under this Agreement and to carry out its purpose and intent. Upon reasonable notice, Seller shall provide Buyer with reasonable access to, and allow it to copy, any books and records concerning the Goods as are in Seller’s possession or control. j. Attorneys’ Fees; Costs of Litigation. If any legal action or any other proceeding is brought for the enforcement of this Agreement, or because of an alleged dispute, breach, default, or misrepresentation in connection with any of the provisions of this Agreement, the successful or prevailing party shall be entitled to recover reasonable attorneys' fees and other costs incurred in that action or proceeding, in addition to any other relief to which it may be entitled, including the fees and costs incurred in enforcing any judgment which may be obtained in said action.
k. Default. Failure by a party to perform any term, condition or covenant required of the party under this Agreement, shall constitute a “default” of the offending party under this Agreement. In the event that a default remains uncured for more than ten (10) days following receipt of written notice of default from the other party, a "breach" shall be 811
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deemed to have occurred. Seller’s breach any of its warranties, or the discovery that any of Seller’s representations are not true in every respect, shall also be deemed a breach of this Agreement by Seller. Any failure or delay by a party in asserting any of its rights and remedies as to any default shall not operate as a waiver of any default or of any rights or remedies associated with a default.
l. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California.
m. Non-Liability of Officials and Employees of Buyer. No member, official or employee of Buyer shall be personally liable to Seller, either individually or jointly, or any of Seller’s successors-in-interest, in the event of any default or breach by Buyer for any amount which may become due to Seller or any of Seller’ssuccessors, or on any obligations under the terms of this Agreement.
n. Interpretation. As used in this Agreement, masculine, feminine or neutral gender and the singular or plural number shall each be deemed to include the others where and when the context so dictates. The word “including” shall be construed as if followed by the words “without limitation,” where it is contextually appropriate. This Agreement shall be interpreted as though prepared jointly by the Parties.
o. Legal Advice. The Parties represent and warrant to the other party the following: they have carefully read this Agreement, and in signing this Agreement, they do so with full knowledge of any right which they may have; they have received independent legal advice from their respective legal counsel, as to the mattersset forth in this Agreement, or, have knowingly chosen not to consult legal counsel as to the matters set forth in this Agreement; and, they have freely signed this Agreement without any reliance upon any agreement, promise, statement or representation by or on behalf of the other party, or their respective agents, employees or attorneys, except as specifically set forth in this Agreement, and without duress or coercion, whether economic or otherwise. p. Venue. All proceedings involving disputes over the terms, provisions, covenants or conditions contained in this Agreement and all proceedings involving any enforcement action related to this Agreement shall be initiated and conducted in the applicable court or forum in Riverside County, California.
q. Force Majeure. Neither Buyer nor Seller will be held liable for failure to fulfill its obligations hereunder ifsuch failure is due to a Force Majeure Event. A “Force Majeure Event” means, but is not limited to, an act of war; domestic and/or international terrorism; civil riots or rebellions; quarantines, pandemics or epidemics; embargoes, state or national states of emergencies, and other similar unusual governmental actions; or extraordinary elements of nature or acts of God; provided that such Force Majeure Event is beyond the excused Party’s reasonable control, occurs without the excused Party’s fault or negligence, is not 812
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caused directly or indirectly by the excused Party and could not have been prevented or avoided by the excused Party’s reasonable diligence.

SIGNATURE PAGE TO FOLLOW
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IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first written above.

City of Moreno Valley G&W Electric Company
BY: BY:

Brian Mohan, City Manager
TITLE: _
(President or Vice President)
Date :

BY:

TITLE:
(Corporate Secretary)
City Attorney
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EXHIBIT A
815
City of Moreno Valley - Page 1
City of Moreno Valley
Request for Quote
15 kV, THREE PHASE SOLID DIELECTRIC
VACUUM SWITCHGEAR FOR PADMOUNTED APPLICATIONS

FOR MORENO VALLEY UTILITY
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City of Moreno Valley - Page 2

NOTICE TO BIDDERS
Electronic quotes will be received to purchase 15kV, three-phase solid dielectric vacuum switchgear for pad-mounted applications as described in the Scope of Work depending on quoted price and available budget for the City of Moreno Valley (City).

This RFQ includes two categories of switchgear:

1. Non-SCADA Connected Protected Switches Manual operation with varying protection configurations (1-way, 2-way, 3-way, and 4-way).

2. SCADA Connectable and Controllable Switches Equipped with motor operators for remote supervisory control with varying protection configurations (1-way, 2-way, 3-way, and 4-way).
connection
Switches must be designed to fit existing PME-10 switch pads, ensuring seamless replacement without modification of the existing structure.

Once the proposer downloads any documents relative to a appear on the Prospective Bidders List.

QUOTATIONS:

1. All prices shall be F.O.B. All delivery and/or all freight charges are to be listed separately from the actual price(s) of the item(s).

2. Do not include sales tax to the item price. The City will add appropriate sales tax amount to the item price of the winning quote to obtain the total price used for awarding the quote.

3. Do not include any additional charges to the item price. The item price shall include everything except delivery cost, or sales tax as specified above. Sample of additional charges that will not be allowed include, but are not limited to, restocking or returned items charges, minimum orders charges, disposal charges, environmental fees, fuel surcharges, et.

4. Firm quotes are required unless specifically designated otherwise. Any quote which is subject to an open or unlimited escalator clause may be rejected.

5. Fixed price applies to all items for orders placed within ninety (90) calendar days after quote opening through final delivery. If the respondent cannot commit to 90 days of fixed pricing, Moreno Valley Utility will consider alternate terms with justification.

6. 817
City of Moreno Valley - Page 3

7. Quotes shall be awarded to the lowest responsive and responsible bidder taking into consideration reliability, productivity, and cost of maintenance, quality, performance, product availability, and time of delivery.

8. The City reserves the right to award the quote on a line item basis or lump sum basis whichever is in the best interest of the City.

INQUIRIES AND SPECIFICATIONS CHANGES

1. All inquiries are to be made online via OpenGov portal within the Q & A section only.

2. All changes in specifications shall be in writing in the form of an addendum and furnished to all bidders via OpenGov. Verbal information obtained otherwise will not be considered in awarding of quotes. No changes to specifications will be permitted within five (5) days prior to the quote opening.

DELIVERY

1. Shipping Method and Handling Precautions: Each switchgear will be bolted to a wood pallet to prevent hidden damage from the forks of a forklift truck. The equipment will be completely assembled before shipment, well braced, completely protected against weather with all openings sealed against entrance of moisture and foreign materials.

2. Notification of Shipment: In all cases, the Successful Bidder will advise the City immediately when equipment has been shipped from the factory.

3. Delivery Location:

Moreno Valley Corporate Yard - 25180 Santiago Dr. Moreno Valley, CA 92551.

Notification: Call 951-413-3500 at least 24 hours prior to deliveries.

Delivery hours: Monday Thursday 8:00am to 2:30pm.

4. Rejection and Pickups: Note that City reserves the right to reject items that fail to comply with Specifications, are damaged, or are in excess of ordered quantities. Pick up items to be returned to vendor within five business days of notification and process credit for returned items within ten business days of receipt.

5. 15kV, three-phase solid dielectric vacuum switchgear are to be delivered as described under Scope of Work. 15kV, three-phase solid dielectric vacuum switchgear are to be in perfect physical and mechanical operating condition.

6. 15kV, three-phase solid dielectric vacuum switchgear will be accepted only after the delivery requirements have been met. The seller shall assume full responsibility for the material until accepted.

RIGHT OF REJECTION
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City of Moreno Valley - Page 4
The City reserves the right to reject any one or all quotes, or any part of any quote, to waive any informality in any quote, and to award the purchase in the best interest of the City. Furthermore, the City reserves the right to hold the quote of the three (3) lowest bidders for a period of ninety (90) calendar days from and after the time of the quote opening.

QUANTITIES
The City anticipates purchasing the quantities as specified on the electronic Line Item List in OpenGov.

There is no obligation on the part of the City to purchase more or less than the quantity listed.

The City reserves the right to purchase more or less than the quantity listed, depending upon actual requirements and budget restraints, at the unit costs as set forth in the Successful Bidder's quote/contract(s) for up to ninety (90) calendar days after initial award based The Vendor will guarantee the RFQ item equipment and component parts thereof to: (1) fulfill all City RFQ requirements; (2) be clear in title in the City; and (3) be free from damage, defective materials, improper workmanship and faulty design or construction for a period extending from date of shipment until one year past receipt of complete item in good condition at City designated delivery point. Should equipment arrive in incomplete, incorrect or damaged condition, the oneyear limit will begin on the date that all necessary missing or repaired components for RFQ item have been finally received in acceptable condition at City's designated delivery point.

Equipment arriving at City's designated delivery point in damaged condition and not accepted from the shipper by the City will be the entire responsibility of Vendor to expedite, re-ship and repair as necessary without any involvement by the City in as much as shipment is F.O.B. Moreno Valley.

Equipment accepted by City from shipper which later develops trouble, shows defects, or fails during test, energizing or otherwise during warranty period through no fault of the City will be promptly repaired or replaced at Vendor's expense including any and all necessary removal, freight and reinstallation costs.

SCOPE OF WORK AND SPECIFICATIONS

GENERAL EQUIPMENT SPECIFICATIONS
Each Bidder shall furnish as part of pre-qualifying package, a detailed outline, schematic drawing and descriptive bulletin of proposing switch. The drawing shall indicate overall dimensions, switch electrical ratings, total weight and relative location of bushings, operating handles and parking stands. The descriptive bulletin shall describe basic switch construction, type of insulation and interrupting medium, switch operating mechanism, contact system, manufacturing and quality control procedures employed, electrical and mechanical ratings, sealing systems, ambient temperature range, corrosion resistance, mechanical endurance, mechanical life expectancy, and 819
City of Moreno Valley - Page 5
accordance with applicable ANSI Standards is required. The outline drawing shall be attached to the bid proposal. Recommended installation method should be provided upon request. One set of manufacturer's specifications containing detailed descriptions, drawings and plans complete in general outline, dimensions and weights of the equipment proposed to be furnished. Bids not accompanied by the specifications may be rejected.

INSTRUCTIONS FURNISHED
Switch and Vacuum fault Interrupters
Each bidder shall furnish the following information for the switches:

Withstand Impulse Voltage KV
AC Withstand Voltage, 60 Hertz, 1 minute, KV DC Withstand Voltage, 15 minutes, KV Continuous and Interrupting Current Rating Momentary and Fault Close (Symmetrical Current) One second Current (Symmetrical Current) Interrupting Time, Maximum, Cycle Standard Tests report, technical packages and bulletin on one material unit: The Standard Tests must demonstrate 100% compliance with the production and design test requirements as outlined in the national standards including IEEE/ANSI. The costs of tests and certified test reports shall be borne by the manufacturer.

Data Required with Proposal
The following information/drawing is required to be submitted with switch proposal:

Outline drawing showing dimensions
Bill of material of all components
Nameplate Drawing
Schematic Drawings
Wiring Drawings
Detail drawing of different components including the connectors City reserves the right to request any other drawings/information for clarification and verification to ensure the specification requirements are met.

Approval Drawings
Manufacturer is required to submit the outline, one-line diagram, detailed components, schematic, and other drawings to the email addresses listed below.

The production should not be started until all drawings are approved by MVU Please send information to:

Ariel Dunning, P.E.

Senior Electrical Engineer
Email: [email protected]
Telephone: (951) 413 - 3533
Kamran Aladross, P.E.

Electric Utility Assistant Manager
Email: [email protected]
Telephone: (951) 413 - 3513
820
City of Moreno Valley - Page 6

MATERIALS, WORKMANSHIP AND DESIGN
All equipment and materials added will be new, of the highest quality, clean and properly assembled, finished or aligned and design will be in accordance with latest applicable industry standards and City specifications. All work will be performed and completed in a thorough, professional manner by persons skilled in their various trades. All materials furnished and all work done must be satisfactory to the City, and in accordance with this RFQ. Any defects or failures to so comply will be corrected at Vendor's expense.

Similar unit components will be made to the same exactness, uniformity, and tolerances to permit interchange of units of the same design and to provide complete utility in replacement and maintenance.

STANDARDS AND REGULATIONS
The switches manufactured in accordance with this RFQ shall meet or exceed the applicable requirements of the latest revision of:

IEEE C37.74 2014 Three-Phase, Manually Operated Load Interrupting Switchgear and Fused Load Interrupting Switchgear for Alternating Current Systems.

IEEE C37.04 Standard for Rating Structure for AC High Voltage Circuit Breakers ANSI/IEEE 386 Separable Insulated Connectors and Bushings The switch manufacturer shall be ISO 9001 and ISO 14001 certified.

The switch shall be MVU approved.

City Specifications
American National Standards Institute, Inc./IEEE 592
National Electrical Manufacturers Association
California Electrical Safety Order
National Electrical Safety Code
Environmental Protection Agency
Where conflict is discovered between Vendor's design/assembly/test methods and above standards priority or City specifications, Vendor will immediately so inform City in writing for resolution.

Any failure to comply with standards without City waiver in writing will be corrected in the field at Vendor's expense.

TECHNICAL REQUIREMENTS
This RFQ provides electrical and mechanical requirements for a 15kV, three phase, solid dielectric vacuum switchgear for pad-mounted applications. The switchgear system will be installed on underground main line feeders of a 12,000 volt, four-wire (3/C cable with a concentric neutral), grounded wye distribution system for sectionalizing three-phase, main line, 600 ampere rated feeders.

The number of vacuum switch positions will be stated in the bid document and are shown on the attachments to this RFQ.
821
City of Moreno Valley - Page 7
The switches must be designed to fit on the existing switch pads without requiring structural modifications. The intent is to replace the existing PME switches directly with the new units.

Proposers shall ensure that the switch dimensions and mounting configurations match MVU Standards and are compatible with the current pad layout. (Refer to Fig 2 and 3)

CONFORMANCE
Only switches which have been approved by MVU are acceptable.

Manufacturers requesting approval of switches shall submit a written request for approval to MVU.

The request shall include a description of the switches for which approval is requested, in Appendix A of the Specification.

Deviation and Non-Conformance
MVU shall be notified in writing of any proposed or actual deviation from the requirements of this RFQ before switches are shipped to MVU.

Any deviations from this RFQ must be approved in writing by MVU prior to acceptance of the switches.

Rejection
Non-conformance to any of the requirements of this RFQ shall be reason for rejection, nonpayment and/or liquidated damages.

Certification of Ratings
Manufacturer of the switchgear shall be completely and solely responsible for the performance of the basic switchgear components as well as the complete integrated switchgear assembly as rated.

The manufacturer shall furnish, upon request, certification of ratings of the basic switchgear components and/or the integrated switchgear assembly with the enclosure.

PRODUCTS
Switch Configuration
The switch shall have 3-phase ganged operated load break switched positions as required.

The switch shall be designed for double-sided, pad-mounted applications.

Switch Construction
The switch shall be a dead-front design. The operating mechanism housing shall be stainless steel SAE 304 grade with a viewing window for verification of contact position. Operating handles 822
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shall be padlock able and adaptable to key lock schemes and shall be rope-rig capable. The operating shaft shall be stainless steel providing maximum corrosion resistance. A double O ring shaft seal shall be used for a leak resistant, long-life seal.

The solid dielectric module must be coated with a semi-conductive layer of epoxy, providing a completely dead front device. The semi-conductive layer must be tested to IEEE 592 to ensure it can carry fault current to ground to ensure operator safety.

The switch shall be designed for long-term operation in the harshest environments. The switch shall provide a visible break that is tested to 95kVBIL Specific switch positions shall be equipped with protection and an integral blade type disconnect switch incorporated within the solid dielectric module to provide a true visible break. The Visible Break switch shall provide a clear three-phase visible break of the circuit. The visible break must be easily seen through a viewing window molded as an integral part of each solid dielectric module. The switch shall feature resettable positions, allowing it to be restored to operational status after fault interruption without requiring replacement or extensive manual intervention.

The switch shall interrupt all load currents within the vacuum bottle.

The switch mechanism shall consist of three vacuum bottle assemblies mechanically linked to a single spring-assisted operating mechanism. Manual opening and closing of the switch shall be via an operating handle.
823
City of Moreno Valley - Page 9

DESIGN RATINGS
Switch Electrical Ratings
Load Break Switches shall be rated:

SELECTION OF RATINGS
Maximum Design Voltage, kV 15.5
Impulse Level (BIL) Voltage, kV 95
Continuous Current, Amperes 630
Load break Current, Amperes 630
One Minute Withstand (dry), AC kV 35
Production Test Rating, kV 34
15 Minute Withstand, DC kV 53
Momentary Current, kA, ASYM 20
Fault-Close Current, kA, ASYM 20
One Second Current, kA, SYM 12.5
Interrupter Mechanical Endurance, Operations 2000

LOAD INTERRUPTER SECTIONALIZING SWITCHES
The three-phase, gang-operated vacuum load interrupter switch shall have the specified 20kA fault closing rating which defines the ability to close the switch against a three-phase fault with symmetrical, asymmetrical, and peak current in at least one phase equal to the rated value, with the switch remaining operable and able to carry and interrupt rated current.

The vacuum load interrupter switch shall be provided with visible open isolation point device operating that is in series with the vacuum load interrupter contacts and readily visible through the viewing window to eliminate the need for cable handling and exposure to high voltage to establish a visible gap.

The open gaps of the switch shall be sized to allow cable testing through a feed-thru bushing or the back of the elbow.

OPERATING MECHANISM
Load-interrupter switches shall be operated by means of a quick-make, quick-break mechanism.

The manual handle shall charge the operating mechanism for opening, closing, of the switches.

The manual handle shall be able to operate a switch position. The handle should also have a ring 824
City of Moreno Valley - Page 10
welded at the end to make its operation possible from outside the vault by hot stick or by rope operation. Handle drawing shall be submitted to MVU for review and approval.

Operating handles shall be pad-lockable in any position to prevent operation.

The operating mechanism shall indicate the vacuum contacts position, which shall be clearly visible from the normal operating position. Flag in viewing window shall be visible for verification of mechanical position.

No fluids or gases other than air should be used in the visible gap chamber.

All 600A positions/ways shall be load interrupter.

SCADA-CONTROLLED CONFIGURATIONS WITH MOTOR OPERATORS
The following requirements apply to configurations with motor operators and SCADA connected positions.
-way
communication, which shall provide remote indication of the open or closed switch positions, voltage magnitudes, faulted circuit indicators status, major alarm and minor alarm as specified herein.

Motorized operators for remote-supervisory control shall be provided to operate the switches shown in Figure 1.

Motorized operators shall charge and trip the associated switch in response to a remote-control signal.

Motorized operators shall be operated either remotely or locally.

The switch status Open-Close shall be locally and remotely indicated when manually or electrically operated.

Motorized operators shall be provided with a decoupling feature to allow operation of the motor operator without affecting the position of the switch.
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City of Moreno Valley - Page 11
The switch shall be supplied with three 15 kV class line voltage sensors on each remote operable position which shall provide individual phase voltages for each switch position.

If available, include potential transformers necessary to power the relaying and communication components for the switch in the switch unit. If switch requires external 120/240V power, please make a note of that in your proposal.

BUSHING
Switchgear electrical entrances shall be 600-Ampere apparatus bushing for the load interrupter switch positions.Bushings and bushing wells shall include semi-conductive coating and shall be mounted on such a way the coating is solidly grounded to the tank.

All bushings shall be x-rayed to insure there are no voids that could result in leaks over the life of the switchgear.

Bushings and bushing wells shall be equipped with protective shipping caps.

Bushing and bushing wells shall be installed with minimum 5 inch spacing.

SWITCHGEAR ACCESSORIES
The switchgear shall be equipped with the following accessories:

Means for lifting tank/enclosure shall be provided for each switch

NAMEPLATE
The following information shall be clearly shown on engraved stainless-steel equipment nameplate visible from the top of the tank.
o Manufacturer s catalog number and serial number
o Date of manufacture
o Continuous ampere rating
o Load break ampere rating (symmetrical)
o Momentary ampere rating (symmetrical)
o Voltage rating
o BIL rating
o Total weight
o Tank Material Type
o Three Line Diagram
o An engraved stainless steel bushing nameplate shall be welded next to each bushing, showing bushing designation.
826
City of Moreno Valley - Page 12
A separate enclosure for electronic equipment, installed next to the motor operator enclosure, is acceptable.

For fiber optic connectivity option use the following Corning parts:
o Corning Single-Panel Wallnumber: SPH-01P
o Corning closet connector housing pigtail panel (single mode fiber UPC), part number: CCH-CP12-3CP03RH
o Corning closet connector housing pigtail panel (multimode fiber 62.5 µm), part number: CCH-CP12-56P03RH
TESTS
Manufacturer shall perform production tests required by ANSI/IEEE to check the quality and uniformity of the workmanship and materials used in the manufacture of switches. The switchgear shall meet the requirements of the following ANSI production tests:
o Circuit Resistance Test
o 60 HZ Withstand Test
o Leak Test
o Operating Assurance Test

TRAINING
As a separate item, Switchgear Manufacturer shall include two days of on-hand personnel training as part of their proposal. These two days of training shall be scheduled as follows. The first training shall be for eight hours at the City of Moreno Valley Corporate Yard, 15670 Perris Blvd, Moreno Valley, CA, 92551 for line crew, troubleshooters and test technicians. The second day of training will be at the site and the manufacturer engineer will train the operation, setting and testing of the switch at the final, job site location of the switch.

The two-day training will be a one-time training per switchgear design, as required by the City of Moreno Valley.

MANUFACTURE DATA
Each Bidder shall submit the following data along with the electronic quote.

1. shall be included in the quote package.

2. Warranty shall be stated in years, months, or operation hours.

Bidder must submit with their quote, manufacturer specifications on the proposed materials. The manufacturer specifications/brochures must identify the items quote and other required data as outlined herein.
827
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3. When applicable, all operating specifications are based on current OSHA standards and shall be the basis for determining compliance with specific requirements. All dimensions shall be in accordance with Occupational Safety and Health Administration standards and the American with Disabilities Act (ADA).

LAWS
Bidders shall comply with all applicable Federal, State, City and City laws, ordinances and regulations applicable to the bidding and performance of the contract(s).

PAYMENT POLICY
The City shall not pay for any services, supplies, materials, or equipment in advance of receipt of such services, supplies, materials, or equipment. No orders shall be placed by the City, or invoices received by a vendor, prior to a purchase order being issued; an invoice cannot be dated prior to the purchase order date.
828
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APPENDIX A
15kV, THREE PHASE SOLID DIELECTRIC VACCUUM SWITCHGEAR FOR PAD-MOUNTED

APPLICATIONS MANUFACTURER S QUESTIONNAIRE

QUESTIONS RESPONSES
Number of consecutive years manufacturing
15kV Three-phase solid dielectric vacuum
switchgears for padmounted installation by
electric utilities operating in the United States
of America.
24 Years
Number of 15kV Three-phase distribution
solid dielectric switchgears sold in the past
five (5) consecutive years to electric
utilities operating in the United States of
America.
3000 units over the past 5 years
Do you take any exceptions to this RFQ? If
Yes, list all the exceptions (use separate
sheet)
Exceptions listed in the quote
Are the parts used on the switches
manufactured by your organization or by
other companies? List any parts made by
other companies with their names.
provided upon completion of Bill of Material,
which will be formalized once the Engineering
design is completed after receipt of award.

Manufacturing plant:
- its location
- how long has it been in operation?
- are there plans for upgrading the
equipment?
**G&W Electric Company - Headquarters
305 West Crossroads Parkway
Bolingbrook, IL 60440
**120 years
**not necessary at this time
Name of the contact person, name of the
company and telephone number of three (3)
electric utilities customers that are members
of the Western Underground Committee and
that have purchased 15kV Three-phase padmounted solid- dielectric switchgears from your organization in the last five (5) years.

Contact person Jose R. Solano
name: Company City of Riverside
name: Telephone: 951-826-5421
Contact person David Bratzler
name: Company City of Pasadena
name: Telephone: 626-744-7460
Contact person
name: Company The City of Moreno Vally
name: Telephone:

Name of the contact person, name of the
company, and telephone number of other
electric utilities operating in the United States
of America that have purchased 15kV Threephase pad-mounted solid dielectric switchgears from your organization in the last
five (5) years.

Contact person Marty O'Baker
name: Company 804-819-2284
name: Telephone: Dominion Energy
Contact person Robert Smallwood
name: Company Orcas Power and Light Cooperative
name: Telephone: 360-376-3523
829
City of Moreno Valley - Page 15
Contact person
name: Company
name: Telephone:
830
City of Moreno Valley - Page 16

APPENDIX B

BID QUANTITIES AND

PRICESPAD-MOUNTED

SWITCH CONFIGURATION

PROTECTION
TYPE
Bid
Quantity
Unit Price
($)
Shipping/Freig
ht Price ($) Total
Price ($)
Lead Time
(Weeks)
15kV Pad-Mounted
Switchgear with 4 LoadBreak Positions (Without
Motor Controllers/SCADA
Connectivity)
1-way Protection 1
$96,206 Included $96,206 See Quote
15kV Pad-Mounted
Switchgear with 4 LoadBreak Positions (Without
Motor Controllers/SCADA
Connectivity)
2-way protection 1
$98,765 Included $98,765 See Quote
15kV Pad-Mounted
Switchgear with 4 LoadBreak Positions (Without
Motor Controllers/SCADA
Connectivity)
3-way protection 1
$101,325 Included $101,325 See Quote
15kV Pad-Mounted
Switchgear with 4 LoadBreak Positions (Without
Motor Controllers/SCADA
Connectivity)
4-way protection 1
$103,884 Included $103,884 See Quote
15kV Pad-Mounted
Switchgear with 4 LoadBreak Positions (With Motor
Controllers/SCADA
Connectivity)
1-way Protection 1
$179,774 Included $179,774 See Quote
15kV Pad-Mounted
Switchgear with 4 LoadBreak Positions (With Motor
Controllers/SCADA
Connectivity)
2-way protection 1
$180,863 Included $180,863 See Quote
831
City of Moreno Valley - Page 17
15kV Pad-Mounted
Switchgear with 4 LoadBreak Positions (With Motor
Controllers/SCADA
Connectivity)
3-way protection 1
$181,953 Included $181,953 See Quote
15kV Pad-Mounted
Switchgear with 4 LoadBreak Positions (With Motor
Controllers/SCADA
Connectivity)
4-way protection 1
$183,043 Included $183,043 See Quote
BID TOTAL COST WITHOUT TAX $ $1,122,813
832
City of Moreno Valley - Page 18
Fig. 1: Switchgear Protection Configurations
Fig. 2: Moreno Valley Vault
Standard
833
City of Moreno Valley - Page 19
Fig. 3: Standard Vault Layout and Dimensions for MVU Pad-Mounted Switchgear 834
City of Moreno Valley
- Page1
835
This quote is currently based on the following system information furnished to us and is subject to change as more information becomes available:

Item 1: 15kV, 95 kV BIL Solid Dielectric Insulated Padmount Switch, Catalog No. PLS43-376-12-11FBVU
Quantity: 1
Way 1, 2 and 3:
• Three Phase epoxy encapsulated load break switch with integral visible break switch • 630 Amps continuous and loadbreak.
• 20 kA asym. momentary, and close-into-fault rating.
• 600A Deadbreak Apparatus Bushings per IEEE 386 interface 11 Way 4:
• Three Phase epoxy encapsulated fault interrupter switch with integral visible break switch • 630 Amps continuous and loadbreak.
• 12.5kA sym. maximum interrupting rating
• 1000:1 internally mounted current transformers to provide field selectable trip levels from 30- 600A
• Type 2 Vacuum Interrupter Control housed in a NEMA 4X enclosure • 600A Deadbreak Apparatus Bushings per IEEE 386 interface 11 Standard Features:
• Front and Back Access to switch operators and bushings • Welded stainless steel mechanism cover painted light gray (ANSI 70) • Mild stainless steel frame
• Parking stands for all bushings
• 12 gauge galvanized steel padmount enclosure with 24” cable compartment. Meets ANSI C37.72 & C37.75 standards
• Enclosure painted Padmount Guardian Green, Munsell #7.0GY3.29/1.5 • 24” minimum bushing height
• ½”-13 NC grounding provisions
• Padlockable operating mechanism – padlocks are not included • 3” diameter circular viewing windows to verify OPEN/ CLOSED indicator position. • Green/ OPEN – Red/ CLOSED labeling
Customer: CITY OF MORENO VALLEY
Date: 2/28/2025
Validity: 90 Days
Quotation Number: SQ-98092
Customer Reference: Moreno Valley
836
Applicable Industry Standards:

Load Break Switch Ratings: IEEE C37.74
Fault Interrupter Ratings: IEEE C37.60
Bushings: IEEE 386
Padmount Enclosure: IEEE C37.72 IEEE C37.75
Price: $96,206
Item 2: 15kV, 95 kV BIL Solid Dielectric Insulated Padmount Switch, Catalog No. PLS42-376-12-9FBVU
Quantity: 1
Ways 1 and 2
• Three Phase epoxy encapsulated load break switch with integral visible break switch • 630 Amps continuous and loadbreak.
• 20 kA asym. momentary, and close-into-fault rating.
• 600A Deadbreak Apparatus Bushings per IEEE 386 interface 11 Ways 3 and 4:
• Three Phase epoxy encapsulated fault interrupter switch with integral visible break switch • 630 Amps continuous and loadbreak.
• 12.5kA sym. maximum interrupting rating
• 1000:1 internally mounted current transformers to provide field selectable trip levels from 30- 600A
• Type 2 Vacuum Interrupter Control housed in a NEMA 4X enclosure • 600A Deadbreak Apparatus Bushings per IEEE 386 interface 11 Standard Features:
• Front and Back Access to switch operators and bushings • Welded stainless steel mechanism cover painted light gray (ANSI 70) • Mild stainless steel frame
• Parking stands for all bushings
• 12 gauge galvanized steel padmount enclosure with 24” cable compartment. Meets ANSI C37.72 & C37.75 standards
• Enclosure painted Padmount Guardian Green, Munsell #7.0GY3.29/1.5 • 24” minimum bushing height
• ½”-13 NC grounding provisions
• Padlockable operating mechanism – padlocks are not included • 3” diameter circular viewing windows to verify OPEN/ CLOSED indicator position. • Green/ OPEN – Red/ CLOSED labeling
Applicable Industry Standards:

Load Break Switch Ratings: IEEE C37.74
Fault Interrupter Ratings: IEEE C37.60
Bushings: IEEE 386
Padmount Enclosure: IEEE C37.72 IEEE C37.75
Price: $98,765
837
Item 3: 15kV, 95 kV BIL Solid Dielectric Insulated Padmount Switch, Catalog No. PLS41-376-12-12FBVU
Quantity: 1
Way 1:
• Three Phase epoxy encapsulated load break switch with integral visible break switch • 630 Amps continuous and loadbreak.
• 20 kA asym. momentary, and close-into-fault rating.
• 600A Deadbreak Apparatus Bushings per IEEE 386 interface 11 Ways 2, 3 and 4:
• Three Phase epoxy encapsulated fault interrupter switch with integral visible break switch • 630 Amps continuous and loadbreak.
• 12.5kA sym. maximum interrupting rating
• 1000:1 internally mounted current transformers to provide field selectable trip levels from 30- 600A
• Type 2 Vacuum Interrupter Control housed in a NEMA 4X enclosure • 600A Deadbreak Apparatus Bushings per IEEE 386 interface 11 Standard Features:
• Front and Back Access to switch operators and bushings • Welded stainless steel mechanism cover painted light gray (ANSI 70) • Mild stainless steel frame
• Parking stands for all bushings
• 12 gauge galvanized steel padmount enclosure with 24” cable compartment. Meets ANSI C37.72 & C37.75 standards
• Enclosure painted Padmount Guardian Green, Munsell #7.0GY3.29/1.5 • 24” minimum bushing height
• ½”-13 NC grounding provisions
• Padlockable operating mechanism – padlocks are not included • 3” diameter circular viewing windows to verify OPEN/ CLOSED indicator position. • Green/ OPEN – Red/ CLOSED labeling
Applicable Industry Standards:

Load Break Switch Ratings: IEEE C37.74
Fault Interrupter Ratings: IEEE C37.60
Bushings: IEEE 386
Padmount Enclosure: IEEE C37.72 IEEE C37.75
Price: $101,325
838
Item 4: 15kV, 95 kV BIL Solid Dielectric Insulated Padmount Switch, Catalog No. PS40-376-12-40FBVU
Quantity: 1
Ways 1, 2,3 and 4:
• Three Phase epoxy encapsulated fault interrupter switch with integral visible break switch • 630 Amps continuous and loadbreak.
• 12.5kA sym. maximum interrupting rating
• 1000:1 internally mounted current transformers to provide field selectable trip levels from 30- 600A
• Type 2 Vacuum Interrupter Control housed in a NEMA 4X enclosure • 600A Deadbreak Apparatus Bushings per IEEE 386 interface 11 Standard Features:
• Front and Back Access to switch operators and bushings • Welded stainless steel mechanism cover painted light gray (ANSI 70) • Mild stainless steel frame
• Parking stands for all bushings
• 12 gauge galvanized steel padmount enclosure with 24” cable compartment. Meets ANSI C37.72 & C37.75 standards
• Enclosure painted Padmount Guardian Green, Munsell #7.0GY3.29/1.5 • 24” minimum bushing height
• ½”-13 NC grounding provisions
• Padlockable operating mechanism – padlocks are not included • 3” diameter circular viewing windows to verify OPEN/ CLOSED indicator position. • Green/ OPEN – Red/ CLOSED labeling
Applicable Industry Standards:

Load Break Switch Ratings: IEEE C37.74
Bushings: IEEE 386
Padmount Enclosure: IEEE C37.72 IEEE C37.75
Price: $103,884
Item 5: 15kV, 95 kV BIL Solid Dielectric Insulated Padmount Switch, Catalog No. PLS43-376-12-11FBVU-A
Quantity: 1
Way 1, 2 and 3:
• Three Phase epoxy encapsulated load break switch with integral visible break switch • 630 Amps continuous and loadbreak.
• 20 kA asym. momentary, and close-into-fault rating.
• 600A Deadbreak Apparatus Bushings per IEEE 386 interface 11 Way 4:
• Three Phase epoxy encapsulated fault interrupter switch with integral visible break switch • 630 Amps continuous and loadbreak.
• 12.5kA sym. maximum interrupting rating
839
• 1000:1 internally mounted current transformers
• 600A Deadbreak Apparatus Bushings per IEEE 386 interface 11 Standard Features:
• Front and Back Access to switch operators and bushings • Welded stainless steel mechanism cover painted light gray (ANSI 70) • Mild stainless steel frame
• Parking stands for all bushings
• 12 gauge galvanized steel padmount enclosure with 24” cable compartment. Meets ANSI C37.72 & C37.75 standards
• Enclosure painted Padmount Guardian Green, Munsell #7.0GY3.29/1.5 • 24” minimum bushing height
• ½”-13 NC grounding provisions
• Padlockable operating mechanism – padlocks are not included • 3” diameter circular viewing windows to verify OPEN/ CLOSED indicator position. • Green/ OPEN – Red/ CLOSED labeling
Additional Features:
• Base reducer SST to fit customer pad dimensions.
o 66” ½” x 66” ½”
o Customer to verify base reducer dimensions
• 12-gauge mild steel low voltage enclosure
• All ways are equipped with quantity two auxiliary Form C contacts wired to control cabinet for use by the control
• Motor operators installed on all ways
• Capacitively coupled voltage sensors included on All ways bushings. LEA output wired to control cabinet for use by the control.
• Two (2), solid dielectric deadfront potential transformers for control power suitable for phase to ground connection on a 12,000 V phase to phase system included and factory installed.

Primary cables, elbows, and accessories for connection of PT primary required but not included.
• Mild Steel control cabinet, including:
• Four (4), SEL 751 (MOT: 751002B1B1B0XL11420) relaysto provide:
• Three phase voltage monitoring for all ways
• Local & Remote motor operator control for all ways
• Three phase overcurrent protection for way 4
• One (1) Corning PN: SPH-01P
• One (1) Corning PN: CCH-CP12-CP03RH
• One (1) Corning PN: CCH-CP12-56P03RH
• Customer to verify qty needed at time of order
• Customer to provide number of feed throughs at time of order • Power supply
• Battery backup
• 120 VAC convenience outlet
• Document holder
• Padlocking handle
Applicable Industry Standards:

Load Break Switch Ratings: IEEE C37.74
Fault Interrupter Ratings: IEEE C37.60
840
Bushings: IEEE 386
Padmount Enclosure: IEEE C37.72 IEEE C37.75
Price: $179,774
Item 6: 15kV, 95 kV BIL Solid Dielectric Insulated Padmount Switch, Catalog No. PLS42-376-12-9FBVU-A
Quantity: 1
Ways 1 and 2
• Three Phase epoxy encapsulated load break switch with integral visible break switch • 630 Amps continuous and loadbreak.
• 20 kA asym. momentary, and close-into-fault rating.
• 600A Deadbreak Apparatus Bushings per IEEE 386 interface 11 Ways 3 and 4:
• Three Phase epoxy encapsulated fault interrupter switch with integral visible break switch • 630 Amps continuous and loadbreak.
• 12.5kA sym. maximum interrupting rating
• 1000:1 internally mounted current transformers
• 600A Deadbreak Apparatus Bushings per IEEE 386 interface 11 Standard Features:
• Front and Back Access to switch operators and bushings • Welded stainless steel mechanism cover painted light gray (ANSI 70) • Mild stainless steel frame
• Parking stands for all bushings
• 12 gauge galvanized steel padmount enclosure with 24” cable compartment. Meets ANSI C37.72 & C37.75 standards
• Enclosure painted Padmount Guardian Green, Munsell #7.0GY3.29/1.5 • 24” minimum bushing height
• ½”-13 NC grounding provisions
• Padlockable operating mechanism – padlocks are not included • 3” diameter circular viewing windows to verify OPEN/ CLOSED indicator position. • Green/ OPEN – Red/ CLOSED labeling
Additional Features:
• Base reducer SST to fit customer pad dimensions.
o 66” ½” x 66” ½”
o Customer to verify base reducer dimensions
• 12-gauge mild steel low voltage enclosure
• All ways are equipped with quantity two auxiliary Form C contacts wired to control cabinet for use by the control
• Motor operators installed on all ways
• Capacitively coupled voltage sensors included on All ways bushings. LEA output wired to control cabinet for use by the control.
• Two (2), solid dielectric deadfront potential transformers for control power suitable for phase to ground connection on a 12,000 V phase to phase system included and factory installed. 841
Primary cables, elbows, and accessories for connection of PT primary required but not included.
• Mild Steel control cabinet, including:
• Four (4), SEL 751 (MOT: 751002B1B1B0XL11420) relaysto provide:
• Three phase voltage monitoring for all ways
• Local & Remote motor operator control for all ways
• Three phase overcurrent protection for way 4
• One (1) Corning PN: SPH-01P
• One (1) Corning PN: CCH-CP12-CP03RH
• One (1) Corning PN: CCH-CP12-56P03RH
• Customer to verify qty needed at time of order
• Customer to provide number of feed throughs at time of order • Power supply
• Battery backup
• 120 VAC convenience outlet
• Document holder
• Padlocking handle
Applicable Industry Standards:

Load Break Switch Ratings: IEEE C37.74
Fault Interrupter Ratings: IEEE C37.60
Bushings: IEEE 386
Padmount Enclosure: IEEE C37.72 IEEE C37.75
Price: $180,863
Item 7: 15kV, 95 kV BIL Solid Dielectric Insulated Padmount Switch, Catalog No. PLS41-376-12-12FBVU-A
Quantity: 1
Way 1:
• Three Phase epoxy encapsulated load break switch with integral visible break switch • 630 Amps continuous and loadbreak.
• 20 kA asym. momentary, and close-into-fault rating.
• 600A Deadbreak Apparatus Bushings per IEEE 386 interface 11 Ways 2, 3 and 4:
• Three Phase epoxy encapsulated fault interrupter switch with integral visible break switch • 630 Amps continuous and loadbreak.
• 12.5kA sym. maximum interrupting rating
• 1000:1 internally mounted current transformers
• 600A Deadbreak Apparatus Bushings per IEEE 386 interface 11 Standard Features:
• Front and Back Access to switch operators and bushings • Welded stainless steel mechanism cover painted light gray (ANSI 70) • Mild stainless steel frame
• Parking stands for all bushings
842
• 12 gauge galvanized steel padmount enclosure with 24” cable compartment. Meets ANSI C37.72 & C37.75 standards
• Enclosure painted Padmount Guardian Green, Munsell #7.0GY3.29/1.5 • 24” minimum bushing height
• ½”-13 NC grounding provisions
• Padlockable operating mechanism – padlocks are not included • 3” diameter circular viewing windows to verify OPEN/ CLOSED indicator position. • Green/ OPEN – Red/ CLOSED labeling
Additional Features:
• Base reducer SST to fit customer pad dimensions.
o 66” ½” x 66” ½”
o Customer to verify base reducer dimensions
• 12-gauge mild steel low voltage enclosure
• All ways are equipped with quantity two auxiliary Form C contacts wired to control cabinet for use by the control
• Motor operators installed on all ways
• Capacitively coupled voltage sensors included on All ways bushings. LEA output wired to control cabinet for use by the control.
• Two (2), solid dielectric deadfront potential transformers for control power suitable for phase to ground connection on a 12,000 V phase to phase system included and factory installed.

Primary cables, elbows, and accessories for connection of PT primary required but not included.
• Mild Steel control cabinet, including:
• Four (4), SEL 751 (MOT: 751002B1B1B0XL11420) relaysto provide:
• Three phase voltage monitoring for all ways
• Local & Remote motor operator control for all ways
• Three phase overcurrent protection for way 4
• One (1) Corning PN: SPH-01P
• One (1) Corning PN: CCH-CP12-CP03RH
• One (1) Corning PN: CCH-CP12-56P03RH
• Customer to verify qty needed at time of order
• Customer to provide number of feed throughs at time of order • Power supply
• Battery backup
• 120 VAC convenience outlet
• Document holder
• Padlocking handle
Applicable Industry Standards:

Load Break Switch Ratings: IEEE C37.74
Fault Interrupter Ratings: IEEE C37.60
Bushings: IEEE 386
Padmount Enclosure: IEEE C37.72 IEEE C37.75
Price: $181,953
Item 8: 15kV, 95 kV BIL Solid Dielectric Insulated Padmount Switch, Catalog No. PS40-376-12-40FBVU-A
843
Quantity: 1
• Three Phase epoxy encapsulated load break switch with integral visible break switch • 630 Amps continuous and loadbreak.
• 20 kA asym. momentary, and close-into-fault rating.
• 600A Deadbreak Apparatus Bushings per IEEE 386 interface 11 Standard Features:
• Front and Back Access to switch operators and bushings • Welded stainless steel mechanism cover painted light gray (ANSI 70) • Mild stainless steel frame
• Parking stands for all bushings
• 12 gauge galvanized steel padmount enclosure with 24” cable compartment. Meets ANSI C37.72 & C37.75 standards
• Enclosure painted Padmount Guardian Green, Munsell #7.0GY3.29/1.5 • 24” minimum bushing height
• ½”-13 NC grounding provisions
• Padlockable operating mechanism – padlocks are not included • 3” diameter circular viewing windows to verify OPEN/ CLOSED indicator position. • Green/ OPEN – Red/ CLOSED labeling
Additional Features:
• Base reducer SST to fit customer pad dimensions.
o 66” ½” x 66” ½”
o Customer to verify base reducer dimensions
• 12-gauge mild steel low voltage enclosure
• All ways are equipped with quantity two auxiliary Form C contacts wired to control cabinet for use by the control
• Motor operators installed on all ways
• Capacitively coupled voltage sensors included on All ways bushings. LEA output wired to control cabinet for use by the control.
• Two (2), solid dielectric deadfront potential transformers for control power suitable for phase to ground connection on a 12,000 V phase to phase system included and factory installed.

Primary cables, elbows, and accessories for connection of PT primary required but not included.
• Mild Steel control cabinet, including:
• Four (4), SEL 751 (MOT: 751002B1B1B0XL11420) relaysto provide:
• Three phase voltage monitoring for all ways
• Local & Remote motor operator control for all ways
• Three phase overcurrent protection for way 4
• One (1) Corning PN: SPH-01P
• One (1) Corning PN: CCH-CP12-CP03RH
• One (1) Corning PN: CCH-CP12-56P03RH
• Customer to verify qty needed at time of order
• Customer to provide number of feed throughs at time of order • Power supply
• Battery backup
• 120 VAC convenience outlet
• Document holder
844
• Padlocking handle
Applicable Industry Standards:

Load Break Switch Ratings: IEEE C37.74
Bushings: IEEE 386
Padmount Enclosure: IEEE C37.72 IEEE C37.75
Price: $183,043
Exceptions/Clarifications:
• Rubber goods and elbows supplied by others
845
Commercial Terms and Conditions
Submittal and shipment lead time is subject to change at the time of order receipt due to dynamic component lead time and factory loading conditions.
8 Weeks 66 Weeks
8 Weeks
66 Weeks
Shipping Terms: FOB-Destination
Freight: Prepaid and Add
Manufacturing Location: G&W reserves the right to manufacture the product(s) on this quotation in either the Bolingbrook, IL (USA) or Brampton, ON (Canada) or San Luis Potosí, S.L.P (Mexico) facility based on best available capacity.

Payment: Payment terms are subject to G&W Finance Department approval Purchase Order Submission: Purchase order should be addressed to:

G&W Electric Co.
305 W. Crossroads Parkway
Bolingbrook, IL 60440-4938
Terms & Conditions:

Warranty and all other terms and conditions are as per SM-F-1 Rev 11 below. 846
G&W Electric Company, Terms and Conditions

TERMS OF PAYMENT
Domestic accounts – Standard term are Net 30 days, however, at all times, credit payment terms are subject to the judgement and approval of Seller’s Finance Department. Seller, in its sole discretion, may modify the payment terms to its satisfaction. Buyer must maintain an annual amount of product purchases of at least $10,000 to qualify for credit payment terms. If Buyer’s total purchases within any consecutive 12-month period falls below this threshold, Seller reserves the right to revoke credit terms and require payment in advance. Seller may review and adjust credit terms at its sole discretion based on purchasing history, payment performance, and financial standing.

International accounts- Standard terms are an irrevocable letter of credit, confirmed by a Prime U.S. bank, for the full amount of the contract, valid for at least 60 days beyond the latest quoted shipping date. Other terms may be granted upon receipt of satisfactory credit references and approval by our Finance Department. Letter of credit must be received prior to release of the order to manufacturing.

Seller reserves the right to require Buyer to make full or partial payment in advance for any goods outlined in this agreement. For orders requiring advance payment, manufacturing will not commence until the required payment has been received in full by Seller. Any delays in payment will result in corresponding delays in the production and delivery schedule, for which Seller shall bear no responsibility.

Late payment charge of 11
/2% per month on all past due invoices and unpaid balances. Shipments and deliveries hereunder shall at all times be subject to the judgment of Seller that the financial condition of Buyer at all times justifies continuance of shipments and deliveries hereunder. If Buyer shall fail to make any payments in accordance with the terms and provisions hereof, Seller, in addition to its rights and remedies, but not in limitation thereof, may at its option, defer shipments or deliveries hereunder, or under any other contract with the Buyer, except upon receipt of satisfactory security or of cash before shipment.

PRICE POLICY
It is G&W’s policy to publish for sole use of our domestic representatives Confidential price lists of our Standard Products. Quoted prices are firm for 30 days (60 days international). All allowable price adjustments shall be governed exclusively by Section 2 of the Purchase Agreement, which provides for adjustments based on Producer Price Index (PPI) data published by the U.S. Bureau of Labor Statistics. No other post-order price increases shall apply, including increases based on general cost changes or vendor discretion, unless expressly authorized in writing by the City.

TAXES
Any taxes which the Seller may be required to pay or collect, under any existing or future law, upon or with respect to the sale, purchase, delivery, storage, processing, use or consumption of any of the material covered hereby, including taxes upon or measured by the receipts from the sale thereof, shall be for the account of the Buyer, who shall promptly pay the amount thereof to the Seller upon demand.

FREIGHT TERMS
Terms as stated in the attached quotation.

MINIMUM ORDER CHARGE
Domestic destination - $250 Net
International destination - $500 Net

EXPORT PACKING
Export order for all material or devices (except compound alone) - add 5% to net price of order. Export orders for compound alone -- add 50¢ per gallon.

TITLE AND INSURANCE
Seller assumes no responsibility for insuring shipments unless specifically requested by Buyer and then only at Buyer’s expense and valuation.

Regardless of freight terms, all risk of loss shall pass to Buyer upon delivery by Seller to carrier at F.O.B. point. In the event delivery crates contain tamper evident seals, Buyer must inspect such seals upon delivery. If a tamper evident seal is broken in transit, Buyer must notify Seller within seven (7) calendar days of receipt of the shipment.

WARRANTY
847
In addition to any express warranties stated herein, Seller warrants that all goods shall be merchantable, fit for their intended purpose, and comply with all applicable specifications, standards, and requirements set forth in the Purchase Agreement.

1. For G&W LaZer Distribution Automation (“DA”) orders and conversion of existing non-automated G&W switches to a DA system:

A. Seller warrants DA solution will perform substantially in accordance with the then current release of specifications for a period of three (3) years from shipment. Such warranty includes the repairing or replacement of any defective parts.

B. Seller’s Warranty related to DA does not (i) include labor and other costs associated with the removal of equipment from service and reinstallation or similar charges, including in and out charges or (ii) apply to issues caused by poor radio reception.

2. For Cable Accessories Python line products (“Kits”):

A. Seller warrants Kits sold hereunder to be free from defects in material and workmanship under normal use and service for a period of one (1) year from date of installation of the Kit if: (i) the Kit is installed within one (1) year of the date of its shipment; (ii) the installation of the Kit is performed solely by Seller or by a Seller approved third-party (“Certified Installer”), and; (iii) the appropriately completed warranty datasheet is returned by Buyer to Seller within 15 days of the date of installation of such Kit.

B. For Kits (i) not installed within one (1) year of the date of shipment or (ii) Kits installed within one (1) year of the date of shipment by a Certified Installer but Buyer has not complied with the requirements of A(iii) above, Seller warrants that such Kits shall be free from defects in material and workmanship under normal use and service for a period of one (1) year from date of shipment.

C. NOTWITHSTANDING ANYTHING HEREIN TO THE CONTRARY, SELLER EXPRESSLY DISCLAIMS ANY AND ALL

WARRANTIES AND WARRANTY OBLIGATIONS WITH RESPECT TO ANY KITS THAT HAVE BEEN INSTALLED BY A PERSON OR ENTITY THAT IS NOT A CERTIFIED INSTALLER.

3. For all other goods sold hereunder:

A. Seller warrants all goodssold hereunder to be free from defectsin material and workmanship under normal use and service for a period of eighteen (18) months from the date of shipment by Seller, or twelve (12) monthsfrom date of commissioning by End-User, whichever comes first.

Seller’s obligation under these warranties is limited to repair or replacing, at its option, any goods, which upon inspection by Seller shall disclose to Seller’s satisfaction to have been defective in material or workmanship. Buyer must return the goods to Seller’s factory, shipping chargesprepaid, with complete information asto alleged defects and the installation, operation and service ofthe goods.

LIMITS OF LIABILITY
Each party shall be responsible for its own negligence and wrongful acts. Neither party shall be required to indemnify the other for claims arising from that party's own negligence or wrongful acts. The liability of Seller arising out of the supplying of any goods, or their use, whether on warranties or otherwise, shall not in any case exceed the cost of correcting defects in the goods as herein provided. Seller shall not in any event be liable for any labor expended by Buyer on any defective goods or for any special direct, indirect or consequential damages arising out of or in connection with the use or performance of the goods. Seller assumes no responsibility with respect to the capacity of Seller’s goods to function as components in other products. Buyer assumes full responsibility for specifications and design of any product in which Seller’s goods may become components and shall indemnify Seller against any liability attributed to any inadequacy in such specifications or design.

Seller shall not be liable for mis-operation or misapplication of goods sold or supplied due to unusual or abnormal electrical system disturbances.

Important Notice:

User shall determine the suitability of the products for intended use and assume all risk and liability in connection therewith.

DELAY
Shipping dates are approximate and are based upon prompt receipt of all necessary information. Seller's delivery obligations may be excused only for unforeseeable causes beyond its reasonable control that occur without its fault or negligence, provided Seller gives prompt written notice of the delay and takes all reasonable steps to minimize the impact. Any delay exceeding 60 daysshall give Buyer the right to terminate the affected portion of the order without liability. In the event of any such delay, the date of delivery shall be extended for a period equal to the time lost by reason of the delay.
848

PATENTS
Seller will defend at its own expense any action brought against Buyer, to the extent that it is based on a claim that the goods furnished by Seller infringe a U.S. patent, and Seller will pay those costs and damagesfinally awarded against Buyer in any such action which are attributable to any such claim, but such defense and payments are conditioned on the following: (a) that Seller shall be notified promptly in writing by Buyer of any notice of such claim; and (b) that Seller shall have sole control of the defense of any action on such claim and all negotiations for its settlement or compromise; and (c) should the goods become or in Seller’s opinion be likely to become the subject of a claim of infringement of a U.S. patent, that Buyer shall permit Seller at its option and expense either to procure for Buyer the right to continue using the goods or to replace or modify the same so that it becomes non-infringing. The foregoing states the entire liability of Seller with respect to infringement of patents by the goods or any part thereof. Buyer shall hold Seller harmless against any expense, judgment or loss on account of any actual or alleged infringement of any patents, copyrights or trademarks which result from Seller’s compliance with Buyer’s designs, specifications or instructions.

PATTERNS AND TOOLS
Any patterns and tools heretofore or hereafter acquired specially to produce goods for Buyer shall become the property of the Seller. If Buyer does not order goods produced with such property for a period of two years, Seller may dispose of such property.

ORDER CANCELLATION
Non-Engineered Products
A. Standard catalogued items not yet through complete order entry, no charge.

B. Standard catalogued items through order entry but not yet in production - $250.00 domestic; $500 international.

Engineered Products
A. Orders through order entry but not yet in engineering process - $250.00 domestic; $500 international.

B. Orders in engineering process - 25% of order value plus any vendor charges levied against G&W for advanced ordered materials.

C. Approval drawings furnished and materials advanced ordered - 35% of order value plus cost of materials ordered.

D. Order released for production - up to 100% of order value.

STORAGE
Equipment on which manufacture or delivery is delayed, due to any cause within the Buyer’s control, may be placed in storage by Seller, for Buyer’s account and risk, and regular charges therefore and expenses in connection therewith shall be paid by Buyer, but if, in Seller’s opinion, it is unable to obtain, or continue with such storage, Buyer will, on request, provide or arrange for suitable storage facilities and assume all costs and risks in connection therewith.

RETURN OF MATERIAL
No material shall be returned without first having secured approval and terms for return, along with necessary returned goods forms, from G&W Electric Co. Final acceptance of authorized returns will be made when the material is received at the factory.

COMPLIANCE WITH LAWS
Seller certifiesthat the goods sold hereunder were produced in compliance with all applicable requirements of sections 6, 7 and 12 of the Fair Labor Standards Act of 1938 amended and of regulations and orders of the United States Department of Labor issued under section 14 thereof.

GENERAL
A valid agreement binding upon Seller will only come into being as of the time a formal written acknowledgement of a purchase order is sent to Buyer by Seller. Such agreement is not assignable by Buyer without written approval of Seller. This agreement shall be governed by and construed in accordance with the laws of the State of California. The parties agree to submit to the exclusive jurisdiction of the courts located in Riverside County, California for resolution of any disputes arising under this agreement. Waiver by Seller of a breach of any of the Terms and Conditions of this or any other agreement with Buyer shall not be construed as a waiver of any other breach.

ENTIRE AGREEMENT
These Terms and Conditions constitute the entire agreement between Seller and Buyer, and such agreement may not be modified or amended except by a writing executed after the date hereof by an authorized officer of Seller. These Terms and Conditions are subject to and 849
incorporated into the Purchase Agreement between the parties. In the event of any conflict between these Terms and Conditions and the Purchase Agreement, the Purchase Agreement shall control. Seller’s failure to object to the provisions contained in any of Buyer’s forms shall not be deemed a waiver of the provisions of these Terms and Conditions which shall constitute the entire agreement between the parties.

INSTALLATION, SERVICING OR ERECTION
Installation, erection or servicing of Cable Accessories Python line (“kits”) and servicing of other goodssold hereunder or supervision thereof by Seller, if specified or requested by Buyer, is available. Contact Seller for terms and conditions. 850
Purchase Agreement – Rev 4-18-2024

Page 10 ends

EXHIBIT B

TERMS OF PAYMENT

1. The Seller's compensation shall be Six Hundred Seventy Seven Thousand Eight Hundred Fourty Three Dollars and Ten Cents ($677,843.10).

2. The Seller will obtain, and keep current during the term of this Agreement, the required City of Moreno Valley business license. Proof of a current City of Moreno Valley business license will be required prior to any payments by the City. Any invoice not paid because the proof of a current City of Moreno Valley businesslicense has not been provided will not incur any fees, late charges, or other penalties. Complete instructions for obtaining a City of Moreno Valley business license are located at: https://moval.gov/departments/financial-mgmt-svcs/svc-bizlicense.html

3. The Seller will electronically submit invoices to the City along with support documentation to Accounts Payable staff at [email protected]
a. Accounts Payable questions can be directed to (951) 413-3500. b. Copies of invoices may be submitted to the Accounts Payable Division at [email protected] .

4. The Seller agrees that City payments will be received via Automated Clearing House (ACH) Direct Deposit and that the required ACH Authorization form will be completed prior to any payments by the City. Any invoice not paid because the completed ACH Authorization Form has not been provided will not incur any fees, late charges, or other penalties. The ACH Authorization Form is located at: http://www.moval.org/city_hall/forms.html

5. The minimum information required on all invoices is:
a. Seller Name, Mailing Address, and Phone Number
b. Invoice Date
c. Seller Quote Number
d. City-provided Reference Number, if applicable (e.g. Project, Activity) e. Detailed billing information that issufficient to justify the quote amount;single, lump amounts without detail are not acceptable.

6. The City shall pay the Seller for all invoiced, authorized professionalservices within thirty (30) days of receipt of the invoice for same.
851
Purchase Agreement – Rev 4-18-2024

Page 11 ends

7. Reimbursement for Expenses. Seller shall not be reimbursed for any expenses unless authorized in writing by City.
852
Report to City Council
ID: 25-0515 Page 1
TO: City Council
FROM: Angelica Frausto-Lupo, Community Development
Director
Steven B. Quintanilla, City Attorney
AGENDA DATE: December 16, 2025
TITLE: CONTINUANCE OF 2024 GENERAL PLAN UPDATE,

ASSOCIATED ZONING TEXT AND ZONING ATLAS
AMENDMENT AND 2024 CLIMATE ACTION PLAN
(REPORT OF: COMMUNITY DEVELOPMENT)
(DISTRICT: ALL DISTRICTS)
TITLE SUMMARY: Continuance Of 2024 General Plan Update, Associated Zoning Text And Zoning Atlas Amendment And 2024
Climate Action Plan
DISTRICT: All Districts
Recommendation(s)
That the City Council:

1. Continue the Public Hearing to a date uncertain per City Attorney’s recommendation to allow further negotiations with the California Attorney General’s Office.

SUMMARY
This report recommends that the City Council continue the Public Hearing to a date uncertain.

DISCUSSION
853
ID: 25-0515 Page 2
The City Attorney’s Office has been engaged in discussions with the California Attorney General’s Office regarding issues related to the Writ and Assembly Bill 98 with respect to truck routes and sensitive receptors, and mitigation measures related to logistic facilities and their proximity to sensitive receptors. The concerns presented by the Attorney General’s Office do not relate to issues of residential zoning outside the context of their proximity to truck routes and logistic facilities.

Although Assembly Bill 98 requires the City to adopt an amendment to the General Plan’s Circulation Element to avoid sensitive receptors prior to January 1, 2026, the City Attorney has informed the Attorney General’s Office that the Engineering Division is prepared to engage the community on updating the current Truck Routes including potential elimination of various designated Truck Routes for purposes of avoiding sensitive receptors and residential areas to the greatest extent feasible and practicable, which is one of the ultimate objectives of Assembly Bill 98. However, since the City has an affirmative duty under Assembly Bill 98 to engage in effective public outreach to certain interested parties and all economic segments of the public for purposes of soliciting their meaningful input in the process prior to the City Council taking final action on amending the General Plan’s Circulation Element, the City will need additional time to not only conduct the necessary public outreach, but also to perform the necessary CEQA analysis and schedule and conduct the appropriate public hearings.

In light of the foregoing, the City Council is strongly encouraged to continue the public hearing on the General Plan Update to a date uncertain to provide staff with sufficient time to make the necessary modifications to the General Plan Update’s mitigation measures and the Circulation Element in light of its further review and negotiations with the Attorney General’s Office.

Moreover, continuing the public hearing will provide the Attorney General’s Office with time to review various mitigation measures the City has proposed in response to the Attorney General’s recommendations related to the General Plan Update.

ALTERNATIVES

1. Approve and authorize the recommended action as presented in this staff report.

Staff recommend this alternative.

2. Do not approve and authorize the recommended action as presented in this staff report. Staff does not recommend this alternative.

FISCAL IMPACT
Continuing the public hearing to a date uncertain poses no fiscal impact to the City.

NOTIFICATION
The public hearing notice for the 2024 General Plan Update, associated Zoning Text and Zoning Atlas Amendment and 2024 Climate Action Plan was published in the PressEnterprise newspaper on December 5, 2025. On December 12, 2025, Community 854
ID: 25-0515 Page 3
Development staff informed interested parties that the Public Hearing is being recommended to be continued to a date uncertain via email. Publication of the Agenda also provided notification to the general public.

PREPARATION OF STAFF REPORT
Prepared By: Department Head Approval:

Steven B. Quintanilla Angelica Frausto-Lupo
City Attorney Director of Community Development

CITY COUNCIL GOALS
Positive Environment. Create a positive environment for the future development of Moreno Valley's future.

Community Image, Neighborhood Pride and Cleanliness. Promote a sense of community pride and foster an excellent image about our City by developing and executing programs which will result in quality development, enhanced neighborhood preservation efforts, including home rehabilitation and neighborhood restoration.

CITY COUNCIL STRATEGIC PRIORITIES

1. Economic Development

2. Public Safety

3. Library

4. Infrastructure

5. Beautification, Community Engagement, and Quality of Life

6. Youth Programs
855
ID: 25-0515 Page 4
Report Approval Details
Document Title: STAFFREPORT_CDD_CONTINUANCE_GPU PH.docx Attachments:

Final Approval
Date:

Dec 10, 2025
This report and all of its attachments were approved and signed as outlined below:

Angelica Frausto-Lupo
Sean Kelleher
Natalia Lopez
Launa Jimenez
Brian Mohan
Patty Rodriguez
856
Report to City Council
ID: [Report Number] Page 1
TO: Mayor and City Council
FROM: Patty Rodriguez, Manager of the Office of Mayor and City Council/City Clerk
AGENDA DATE: December 16, 2025
TITLE: CITY COUNCIL REORGANIZATION – SELECTION OF
MAYOR PRO TEM (REPORT OF: CITY CLERK)
(DISTRICT: NOT APPLICABLE)
TITLE SUMMARY: Selection of Mayor Pro Tem
DISTRICT: Not Applicable
Recommendation(s)
That the City Council:

1. Conduct the reorganization of the City Council by selecting one Councilmember to serve a one-year term as Mayor Pro Tem.

SUMMARY
The City Council shall meet annually in December to choose one of its members as Mayor Pro Tem. The new Mayor Pro Tem shall be installed, sworn, and shall assume the office at the Council Meeting.

DISCUSSION
Section 4.1.3 of the Rules of Procedure provides that nominations for the office of Mayor Pro Tem may be made by any member of the City Council and need not be seconded in order to be effective. Appointment shall be made by three or more affirmative votes on a motion to appoint. In the event that no person receives three or more votes in the selection process, the selection process shall be repeated 857
ID: [Report Number] Page 2
immediately; provided, however, that the two persons receiving the highest number of votes in the preceding selection process shall be the only nominees. If, upon repeating the selection process of Mayor Pro Tem, no person has yet received three affirmative votes for such office, the City Council may either repeat the selection process until the officer has been duly selected or may continue the selection to the next regular meeting of the City Council.

The new Mayor Pro Tem shall serve until the next meeting scheduled for selection of the Mayor Pro Tem in December 2026.

ALTERNATIVES

1. Conduct the reorganization of the City Council by selecting a Mayor Pro Tem.

2. Continue the selection to the next regular meeting of the City Council if upon repeating the selection process, no person receives three affirmative votes for Mayor Pro Tem.

FISCAL IMPACT
There is no fiscal impact associated with the recommended action.

NOTIFICATION
Publication of the agenda.

PREPARATION OF STAFF REPORT
Prepared By: Department Head Approval:

Patty Rodriguez, CMC Patty Rodriguez, CMC
Manager of the Office of Mayor and City Council/City Clerk Manager of the Office of Mayor and City Council/City Clerk

CITY COUNCIL GOALS
Positive Environment: Create a positive environment for the development of Moreno Valley's future.

CITY COUNCIL STRATEGIC PRIORITIES

1. Economic Development

2. Public Safety

3. Library

4. Infrastructure

5. Beautification, Community Engagement, and Quality of Life

6. Youth Programs
858
ID: [Report Number] Page 3
Report Approval Details
Document
Title:

STAFFREPORT_CC_REORGANIZATION_DECEMBER162025_PR.doc
x
Attachments
:

Final
Approval
Date:

Dec 9, 2025
This report and all of its attachments were approved and signed as outlined below:

Patty Rodriguez
Natalia Lopez
No Signature - Task assigned to Dena Heald_Deleted was completed by workflow administrator Patty Rodriguez
Dena Heald_Deleted
Launa Jimenez
Brian Mohan
Patty Rodriguez
859
Report to City Council
ID: 25-0514 Page 1
TO: Mayor and City Council
FROM: Brian Mohan, City Manager
AGENDA DATE: December 16, 2025
TITLE: BACKGROUND INFORMATION REGARDING POLICY

1.01 RULES OF PROCEDURES FOR CITY COUNCIL
MEETINGS SECTION 1.1.2.1 AGENDA-ORDER OF
BUSINESS (REPORT OF: CITY MANAGER) (DISTRICT:

NOT APPLICABLE)
TITLE SUMMARY: Background information regarding Policy 1.01 Rules of Procedures for City Council Meetings Section 1.1.2.1
Agenda-Order of Business
DISTRICT: Not Applicable
Recommendation(s)
That the City Council:

1. Review background information regarding policy 1.01 Rules of Procedures for City Council Meetings Section 1.1.2.1 Agenda-Order of Business and provide any necessary direction.

SUMMARY
At the December 2, 2025 Council meeting, the Mayor Pro Tem motioned for Council to “review the policy to reorder the agenda”, so the “report out of the closed session meeting is made public the same night as the meeting”, instead of waiting for the meeting minutes, which are not made public until the next regular meeting, which was seconded by Councilwoman Barnard and approved with a vote of 3-0 as the Mayor and Councilman Delgado were away for the vote.
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DISCUSSION
At the December 2, 2025 Council meeting, the Mayor Pro Tem motioned for Council to “review the policy to reorder the agenda”, so the “report out of the closed session meeting is made public the same night as the meeting”, instead of waiting for the meeting minutes, which are not made public until the next regular meeting, which was seconded by Councilwoman Barnard and approved with a vote of 3-0 as the Mayor and Councilman Delgado were away for the vote.

Below is an excerpt of the policy referenced:

1.1.2. AGENDA.

1.1.2.1. ORDER OF BUSINESS.

The order of business of each regular meeting of the City Council shall be as set forth in the agenda prepared by the City Clerk. The agenda shall be a listing by topic of the subjects, numbered as designated by the City Clerk and taken up for consideration in substantially the following order:

Closed Session (4:00 p.m., if scheduled)
A. Call to Order
B. Roll Call
C. Public Comments on Matters on the Agenda Only
D. Closed Session
E. Report of Action from Closed Session, if any, by City Attorney Special Recognition/Presentations (5:30 p.m., if scheduled) Regular Meeting (6:00 p.m.)
A. Call to Order
B. Pledge of Allegiance
C. Invocation
D. Roll Call
E. Motion to Excuse Absences
F. Staff Introductions
G. Approval of Order of Agenda
H. Public Comments on Matters Not on the Agenda
I. Joint Consent Calendar
J. Public Hearings
K. General Business
L. Regional Commission/Committee/Board Reports
M. Employee Association Reports
N. City Manager’s Report
O. City Council Closing Comments
P. Future Agenda Items
Q. Adjournment
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ALTERNATIVES

1. Approve and authorize the recommended actions as presented in this staff report.

Staff recommend this alternative.

2. Do not approve and authorize the recommended actions as presented in this staff report. Staff does not recommend this alternative.

FISCAL IMPACT
None.

NOTIFICATION
Publication of the Agenda.

PREPARATION OF STAFF REPORT
Prepared By: Department Head Approval:

Brian Mohan Brian Mohan
City Manager City Manager

CITY COUNCIL GOALS
None

CITY COUNCIL STRATEGIC PRIORITIES

1. Economic Development

2. Public Safety

3. Library

4. Infrastructure

5. Beautification, Community Engagement, and Quality of Life

6. Youth Programs
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Report Approval Details
Document Title: STAFFREPORT_CM_POLICY101.docx
Attachments:

Final Approval Date: Dec 9, 2025
This report and all of its attachments were approved and signed as outlined below:

Patty Rodriguez
Natalia Lopez
Launa Jimenez
Patty Rodriguez
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