1 Supplier:
STOMMEL INC
dba LEHR
631 N MARKET BLVD STE N
SACRAMENTO, CA 95834
This Supplier Contract shall be governed by the attached terms and conditions.
Please reference the Supplier Contract number above on all invoices and correspondence related to this order.
Summary:
Emergency Response Vehicle Supplies/Equipment and Installation Services Vendor Contact: Steve Adair, Ph. #No. 916-267-5547, Email: [email protected] County Contacts:
Probation Dept. Contact: Jeff Thompson, Ph. #530-889-7912, Email: [email protected] Placer County Sheriff Contact: Matt Burgans, Ph. #530-889-7865 Sheriff Accounting: [email protected]
Placer County Fire: Sarah Poindexter, Ph. #530-889-4037 Placer County Fire Accounting: [email protected] District Attorney's Office: Mary Green, Ph. #916-543-8079, [email protected] Renewal of SCN1063120
Payment Terms Total Contract Amount
500,000.00
Service Lines
Line Number Description Start Date End Date Amount
1 Emergency response vehicle equipment and supplies as well as equipment installation services in accordance with the vendor's agreement to renew SCN106312 - see attached for pricing, terms, and conditions, and discounts.
Approved by the Placer County Board of Supervisors on July 9, 2024.
10/01/2024 09/30/2025 500,000.00
ATTACHMENT 1
364
631 North Market Street Suite N, Sacramento Ca 95834
Labor Price Increase Notice
Due to wage pressure for technicians our labor rate has increased to $140 per hour Effective:
October 1, 2024
October 1, 2024
To Our Valued Customers,
Due to the State of California increasing wage pressure and industry changes our new Labor Rate will need to increase from $125.00 per hour to $140.00 per hour for work performed at a LEHR facility. Labor performed outside of a LEHR facility will be billed at $200.00 per ho ur. Technicians travel will be billed at $140.00 per hour.
Lehr provides specialized labor for the fabrication of first responder vehicles.
Historically we have only taken four labor increases in 15 years. Wages have increased annually to allow Lehr to continue to employ certified and qualified technicians. To ensure that Lehr provides the be st emergency equipment installations in the industry this increase was implemented.
If you have any questions regarding the labor increase, please reach out to:
Steve Adair
Lehr
Regional Sales Manager
631 North Market St. Suite N
Sacramento, CA 95834
Cell 916.267.5547
Fax: 916.646.6656
[email protected]
ATTACHMENT 1
365
Additional Emergency Equipment Manufatures Discounts
Manufacture Discount of List Price
AFS 40%
Ace K‐9 2%
AEDEC 2%
American Aluminum 25%
Airgain 15%
BackRack 15%
Big Sky 10%
Boss 20%
Brooking 20%
CHEETAH 13.33%
Copeland 15%
D&R 10%
ECCO 40%
GORhino 25%
Grote 20%
Hint 15%
Hybrid Power Solutions 2%
I‐Key 23%
Intermotive 10%
Jotto Desk 12%
Kussmaul 5%
LEHR Vehicle Solutions 30%
Lind 2%
Lund 5%
MnStar 10%
Newmar 5%
Panorama 5%
Patrol Power 20%
Pico 35%
PMT 5%
Power Products 15%
Pro‐Gard 20%
Ram Mounts 15%
Ray Allen 2%
Rockland Boxes 2%
Stico 2%
Stopstick 5%
Streamlight 30%
Secure‐Idle 5%
TigerTough 5%
Tomar 23%
Trucklite 67%
Tuffy 20%
Unity 38%
Weatherguard 10%
Weldex 15%
Westin 20%
Xantrex 20%
Panasonic Toughbooks 12%
Panasonic ICV 12%
Vigilant ALPR 12%
CradlePoint 5%
Sierra Wirless 5%
Ubiquity 2%
Fixed PODS 10%
Watch Guard MSI 2%
ATTACHMENT 1
366
Procurement Services Division
2964 Richardson Drive ▪ Auburn, CA 95603
(530) 886-2122
20000 - Emergency Response Vehicle Equipment and Installation Services Opening Date: July 30, 2019 4:45 PM
Closing Date: August 13, 2019 3:00 PM
To ensure a complete and timely response, it is strongly recommended that you submit your bid response via our Online Bidding System.
However, if you have difficult submitting your bid online or prefer to submit your bid manually (hard-copy) for any reason, print and complete this bid package along with any required bid documents, and mail or deliver in a sealed envelope to:
Placer County Procurement Services Division
2964 Richardson Drive
Auburn, CA 95603
All bids must be submitted on original documents (no fax bids) prior to the Closing Date and Time specified above and as prescribed in this bid's General Terms and Conditions. All bids must be signed by an authorized representative of the firm. UNSIGNED OR LATE BIDS WILL BE REJECTED.
Vendors shall complete the area below for hard copy submissions:
CO
MPANY NAME: Stommel Inc. DBA LEHR
Mailing Address:
City/State/Zip:
Contact Person:
Telephone:
Email:
631 N. Market Street Suite N
Sacramento CA 95834
Steve Adair
916-267-5547 Cell -- 916-646-6646 Office
[email protected]
SIGNATURE:
DATE:
Title:
____________________________________________________
_____8/22/2024___________________________
____________________________________________________
By signature above, bidder hereby agrees to and accepts the terms, conditions and requirements specified in this bid, including the following bid documents and all related addenda (if any).
Vendor Details
Regional Sales Manager
ATTACHMENT 1
367
Company Name: Stommel Inc
Does your company conduct business
under any other name? If yes, please
state:
Lehr Auto Electric
Address:
4707 Northgate Blvd
Sacramento, CA 95834-1120
Contact: Steve Adair
Email: [email protected]
Phone: 916-267-5547
Fax: 916-646-6656
HST#: 61-1499917
Submission Details
Created On: Thursday August 08, 2019 16:23:20
Submitted On: Tuesday August 13, 2019 11:55:35
Submitted By: Steve Adair
Email: [email protected]
Transaction #: bf9e4edd-1317-482f-9d85-05e42711727e
Submitter's IP Address: 207.242.136.194
ATTACHMENT 1
368
Schedule of Prices
BID PRICING WORKSHEET - Category 1
ITEM NO. DESCRIPTION UOM EST. ANNUAL
USAGE
MANUFACTURE
R
MANUFACTURERS
PART NUMBER UNIT PRICE * EXT PRICE
PRODUCT
WARRANTY
INFORMATION
(state number
of months and
any special
terms or
provisions that
may apply)
COMMENTS
1.1 Lightbar with the following
options/modifications: Add (2) LR11
Flashing Alley Lights, LED
(SRALF1); Add (2) 500 Series
inboard LED, one red and one blue
(SLDBR); Add (2) 500 Series
inboard LED, one red and one blue
(SLDBR); Add (2) TIR high output
LED take downs, flashing or steady
(SXTDLED); and Add (2) 500
Series inboard LED, amber/amber
(SLDAA).
EA 15 Whelen LFL
Liberty SW
WeCan Series
Super-LED 54"
Lightbar
SW2RRBB $1,750.0000 $ 26,250.00 60 Whelen Master
Distributor
*
1.2 Strap Kit for LFL Liberty SW
WeCan Series Super-LED 54"
Lightbar. Strap Kit shall be
compatible with Chevrolet Tahoe
Police SUVs.
EA 15 Whelen
Engineering
STPKT71 $57.0000 $ 855.00 60 Whelen Master
Distributor
*
1.3 CenCom Sapphire Siren with
amplifier control module with pigtails,
traffic advisor module, and
microphone with CCMICX20 included
(20' microphone cable).
EA 15 Whelen
Engineering
CCSRN3
$749.00 $ 60 Whelen Master
Distributor
*
1.4 PB400 Full Aluminum Push
Bumpers. Push bumpers shall be
compatible with 2015 to current
model year Chevrolet Tahoe Police
SUVs.
EA 15 Setina
Manufacturing
Bodyguard
PB400
BK0534TAH15 $319.2000 $ 4,788.00 60 Setina Master
Distributor
*
1.5 Patrol Car Seat, black, with Laguna
Seat Belts and Rear Cargo Cage.
Patrol car seat shall be compatible
with 2011 to current model year
Chevrolet Tahoe Police SUVs.
EA 15 Laguna 3P
Products
CT5502 $1,084.0000 $ 16,260.00 60 Laguna
distributor
*
1.6 Stationary Vinyl Coated Partition
with Full Lower Extension Panel.
The partition shall be compatible
with 2015 to current model year
Chevrolet Tahoe Police SUVs.
EA 15 Setina
Manufacturing 8-
VS Series
PK0369TAH10SCA $599.2500 $ 8,988.75 60 correct Part
Number
PK0369TAH15S
CA
*
1.7 Shotgun Gun Lock EA 15 Santa Cruz SC-1H $77.0400 $ 1,155.60 12 #2 Key *
1.8 Ratchet Lock Gen. 2 EA 15 Santa Cruz SC-6H
$131.64 12 #2 Key *
1.9 Muzzle Up Partition Mount EA 30 Santa Cruz SC-915P $69.9900 $ 2,099.70 12 Authorized Distributor *
1.10 Siren Speaker EA 15 Whelen SA315P $199.99 24 Authorized Distributor *
1.11 Speaker Bracket Kit for Whelen
SA315P Speaker
EA 15 Whelen SAK1
$29.40 $ 60 Authorized
Distributor *
1.12 Plug In Headlight Flasher for 2015
to current model year Chevrolet
Tahoe Police SUVs
EA 15 SoundOff ETHTAHO-07 $65.7200 $ 985.80 60 Authorized Distributor *
1.13 Vertex Super-LED Light, Single Self-
Contained Hemispheric Light,
Color: BLUE
EA 45 Whelen VTX609B
$84.99 $ 60 Authorized
Distributor *
1.14 Vertex Super-LED Light, Single Self-
Contained Hemispheric Light,
Color: RED
EA 45 Whelen VTX609R
$84.99 $ 60 Authorized
Distributor *
1.15 Vertex Super-LED Light, Single Self-
Contained Hemispheric Light,
Color: CLEAR
EA 45 Whelen VTX609J
$$84.99 $ 60 Authorized
Distributor *
1.16 LIN3 Series Super-LED Lighthead,
Horizontal Mounting, Color: BLUE
EA 15 Whelen RSB02ZCR
$$66.60 $ 60 Authorized
Distributor *
1.17 LIN3 Series Super-LED Lighthead,
Horizontal Mounting, Color: RED
EA 15 Whelen RSR02ZCR
$66.60 $ 60 Authorized
Distributor *
1.18 Mounting Bracket for LIN3 Series
Super-LED Lighthead (Horizontal
Mounting)
EA 30 Whelen RBKT1
$10.80 $ 60 Authorized
Distributor *
Change
40% OFF
CHANGE
25% OFF
30% OFF
30% OFF
30% OFF
40% OFF
40% OFF
40% OFF
40% OFF
40%
25%
40% OFF
11%
40% off
10 year warranty
ATTACHMENT 1
369
1.19 PAR46 LED Flood - Spotlight EA 25 Whelen
Engineering
P46FLC $154.99 $ 60 Authorized
Distributor *
1.20 PAR46 LED Spot - Spotlight EA 25 Whelen
Engineering
P46SLC
$154.99 $ 60 Authorized
Distributor *
1.21 Magnetic Mic Kit EA 25 Whelen
Engineering
MMSU-1 $34.9500 $ 873.75 12 Authorized
Distributor *
1.22 Blac-Rac Weapon Mount EA 20 Blac-Rac 1082E
$861.75 $ 12 Authorized
Distributor *
1.23 Chargeguard-Select Auto Shut-Off
Timer
EA 15 Havis Inc. CG-X $71.3800 $ 1,070.70 36 Authorized Distributor *
1.24 Littlite 12" Gooseneck Lamp with
Rehostat Control, Gooseneck
Extends From End of Chassis, Lead
Extends From Bottom of Chassis.
EA 15 Federal Signal LF12ERB $57.7500 $ 866.25 60 Authorized Distributor *
1.25 Patrol Vehicle "Placer" Console,
consisting of the following
components:Arm Rest w/2"
Extension - Lehr Auto Electric
Model# PARM002Tall, Arm Rest
Pad - Lehr Auto Electric Model#
PARP, XTL2500 3" Faceplate -
Troy Products Model#FP-MXTL5000,
Cencom 4" Faceplate - Troy
Products Model#FP-WC10285909,
1" Blank - Troy Products Model# FP-
BLNK1, 2" Blank - Troy Products
Model# FP-BLNK2, 4" Beverage
Holder - Troy Products Model#
EA 12 Lehr Auto
Electric
PCC001 $1,142.0000 $ 13,704.00 60 Authorized
Distributor
*
1.26 Mount Kit EA
1 Troy Products AC-EXP03 $117.1800 $ 117.18 60 limited Lifetime *
1.27 Speaker EA 1 Code 3 C3100ENO7 $178.3800 $ 178.38 24 Authorized Distributor *
1.28 12" Litlite Console Light EA 1 Feederal Signal LF12TRB $66.95 60 Authorized Distributor *
1.29 3 Accessory Outlet EA 2 Able2 Shoe-Me 14.0553 $21.9500 $ 43.90 24 Authorized Distributor *
1.30 Dual Stacked LED X Light EA 2 Code 3 LXEX2F-RR $411.10 $ 60 Authorized Distributor *
1.31 Wig-Wag EA 1 Sound Off LAROOBK $42.6000 $ 42.60 60 Authorized Distributor *
1.32 Double Beam Halogen Work Lamp
12V
EA
2 Hella 006991663 AS 115 $41.8200 $ 83.64 12 Authorized Distributor *
1.33 LED Strip Light EA 1 Whelen PSC0CDCR $ 112.20 $ 60 Authorized Distributor *
1.34 2007-2010 Ford Expedition Base EA 1 Gamber Johnson 7160-446- $113.4000 $ 113.40 60 Part Number 7160-0046 *
1.35 Mongoose 9" Locking Slide Arm w/o
Standard Attachment
EA
1 Gamber Johnson 7160-0219 $247.8000 $ 247.80 60 Part has been discontinued
replacement
quoted 7160-
0220
*
1.36 Tlt Swivel Attachment EA
1 Gamber Johnson DS-CLEVIS $56.0000 $ 56.00 60 Discontinued part -
replacement
quoted 7110-
1008
*
1.37 Radio Ray Wireless Spot Light EA
1 GoLight 7900 $244.1100 $ 244.11 36 Limited 3yr
warranty *
1.38 18" Console EA 1 Troy Products CC-MC18 384.48 $ 60 Authorized Distributor *
Subtotal: $ 124,020.15
40% OFF
40% OFF
25% OFF
35% OFF
30% OFF
40%
40%
30%
30%
30%
20%
28%
EOL
35%
28%
ATTACHMENT 1
370
$140
$140
ATTACHMENT 1
371
Bid Questions
Delivery Time: Bidders shall indicate their delivery time (after an order is received) for items specified in this bid without installation services in the space provided. Indicate your Delivery Time in Days
Delivery time 2-21 days. (In stock items 1-2 days, Items needed to be ordered up to 3 weeks however we stock many of your every day items.)
Turnaround Time: Bidders shall indicate their normal
turnaround time for a fully installed emergency vehicle in the space provided. Indicate your Turnaround Time in
Days
3-5 business days
**Note: If installation service is needed on behalf of Placer County Fire Department, the County intends to deliver and pick up the vehicles at the successful firm's location. As an option, Placer County Fire may require the successful firm to pick up and/or deliver a vehicle. Bidder shall provide rates for pick up and delivery service to be charged one- way, from vendor's shop to Placer County Fire facility
only.**
$65 per hour based on Map Quest travel time 35 minutes travel time Travel Rate: Bidders shall provide rates for pick up and delivery service to be charges one-way, from the vendor's shop to the Placer County Fire Department address:
13760 Lincoln Way Auburn, CA 95603. Indicate your travel rate
$65 per hour based on Map Quest travel time 35 minutes travel time Travel Time: Bidders shall provide rates for pick up and delivery service to be charges one-way, from the vendor's shop to the Placer County Fire Department address:
13760 Lincoln Way Auburn, CA 95603. Indicate your
Travel Time
$65 per hour based on Map Quest travel time 35 minutes travel time Documents
Upload additional information here - optional, unless otherwise denoted as mandatory (with asterisk):
Additional Document - Additional Discounts.xlsx - Tuesday August 13, 2019 11:36:56 Travel $140.00 per hour
Onsite work $200.00 Per hour
ATTACHMENT 1
372
Attachment A
Bid No. 20000
COUNTY OF PLACER
EMERGENCY RESPONSE VEHICLE EQUIPMENT AND INSTALLATION SERVICES
SUPPLEMENTAL TERMS AND CONDITIONS
1. DOCUMENTS
Below are the documents associated with this bid.
Attachment A – Supplemental Terms and Conditions
Attachment B – Scope of Work
Attachment C – Insurance Requirements
Attachment D – Lightbar Configuration (Patrol Vehicle)
2. OVERVIEW
Placer County is soliciting bids for the purchase and installation of emergency response vehicle equipment & related supplies for the Placer County sheriff’s Office and Placer County Fire Department. Placer County intends to award a supplier contract for the purchase emergency response vehicle equipment and installation services on an as-needed basis. The items, quantities, sample jobs, services, and occurrences listed in this bid represent the County’s estimated annual requirements and will be utilized for evaluation purposes only. The County does not guarantee any minimum or maximum quantities that will be purchased or minimum or maximum dollar amounts to be spent throughout the term of the resulting agreement(s). Please note that the County requires NEW PRODUCT ONLY – No refurbished, demo, or restored products will be accepted unless specifically authorized by County staff.
3. PRICING
Responding bidders shall indicate their hourly shop rate for the services described herein as well as provide firm, fixed prices and discounts off list prices for the emergency response vehicle equipment and supplies listed in this bid for the initial contract period of approximately one year from the date this bid is awarded. Pricing offered in the bid line items herein shall be for services provided during the successful firm’s normal business hours. Overtime will not be required. The bidder’s shop labor rate per hour offered herein shall apply to all vehicle and equipment makes, models, and types.
The prices offered by bidders shall be exclusive of sales tax (applicable sales tax shall be added to the County’s invoices). The discounts offered by bidders for the brands listed in this solicitation shall be calculated and billed in addition to any invoice terms that are offered.
All rates shall be billed in accordance with the bidders offered pricing. The County will not accept or pay any premiums, administrative surcharge costs, or any other surcharges that are not identified in the bidder’s response. Charges imposed by the State of California or Federal Government after the bid has been awarded will be honored.
ATTACHMENT 1
373
Attachment A
Bid No. 20000
4. AWARD
4.1. This bid shall be evaluated and awarded by an all-or-none basis. The bid evaluation will consider the total cost to install the Sheriff’s Office patrol vehicle equipment into a typical Chevrolet Tahoe 4x2 and 4x4 for items 1.1 through 1.25 and a Ford Expedition for the Placer County Fire Department for items 1.26 through 1.38 for evaluation purposes. This cost will be determined by multiplying the firm’s shop labor rate by the total estimated time to install the equipment, as determined by the County. The estimated installation time will be 18 hours of labor for evaluation purposes only. Local Vendor Preference (if applicable), prompt payment discounts, optional pick up/delivery rates, travel time, travel time rate, turnaround time, and adherence to all conditions and requirements of this bid will also be considered.
Bidders are not required to bid on all categories to be considered for award however Placer County reserves the right to award the bid based on pricing offered for the most categories.
4.2. An example of a typical Chevrolet Tahoe patrol vehicle installation includes the following equipment (manufacturer or supplier is shown in parenthesis – no substitutions):
Light Bar System (Whelen/Cencom)
Headlight Flasher (Soundoff)
Siren Speaker and Bracket (Whelen)
Maplight (Little Lite)
Radio Mounting Console (Lehr)
Cage (Setina)
Gun Locks – 2 per vehicle (Santa Cruz)
Push Bumper (Setina)
All emergency equipment, dome light, and spotlight are required to be wired to an auxiliary power source in the rear of the vehicle. All power should be timed and disconnected as to protect the vehicle from a dead battery.
4.3. Other public agencies may elect to “piggyback” on the County’s resulting agreement(s). It will be the responsibility of the other agencies to execute separate contracts with the successful bidder(s) at the same bid pricing (refer to this Bid’s General Terms and Conditions, Section 22) through the end of the initial contract period. Any subsequent renewal pricing and terms successfully negotiated between Placer County and the successful bidder(s) would be made available to those other agencies.
5. DELIVERY REQUIREMENTS
5.1. Bidder’s pricing for equipment and supplies shall be FOB Destination, freight prepaid and assumed by the successful bidder, inside delivery to the following address:
Placer County Sheriff’s Office
2929 Richardson Drive, Ste. A
Auburn, CA 95603
Placer County Fire Department
13760 Lincoln Way
Auburn, CA 95603
ATTACHMENT 1
374
Attachment A
Bid No. 20000
5.2. The successful bidder shall deliver regular orders within five (5) business days of order placement for the complete order (no partial deliveries will be allowed unless specifically approved by County staff at the time the order is placed). There will also be occasions where the County will need to place an emergency order, which shall be defined as items which are so urgently needed that they must be delivered within forty-eight (48) hours of placing the order or items that are not available from the vendor’s normal inventory. In these instances actual freight charges will be allowed with written approval from the County employee placing the order. All freight charges shall be prepaid by the vendor and added to the resulting invoice. Freight collect charges will not be allowed. The vendor shall clearly advise County personnel of such emergency order circumstances for authorization at the time the order is placed with the vendor.
5.3. If the County’s orders are not delivered within the delivery times specified herein, the County reserves the right to cancel the order and obtain the products from another source. In the event that the County must make such open market purchases, the County reserves the right to exercise the provisions of Section 17 of this bid’s General Terms and Conditions.
Continued non-compliance with the stated delivery times may be cause for cancellation of the resulting agreement.
6. PRICE LISTS
Placer County requests that the successful bidder provide pric e lists upon award of the resulting agreement for each of the manufacturer discounts offered in the successful bidder’s completed Bid Pricing Worksheet. The County will accept electronic versions of the price lists if hard copies are not available (e.g. CD’s, flash drives, etc.). These lists will be used to verify the discount pricing on the resulting invoices. All price lists shall be provided free of charge to the County. The County also prefers that the successful bidder(s) state the manufacturer’s list price, the bidder’s offered discount off list price, and the net price for each part purchased on the resulting invoices. The successful bidder shall be responsible for notifying the Placer County Sheriff’s Office primary contact as well as the Procurement Services Division of any changes or updates to the bidder’s/manufacturer’s published catalog/list prices that occur during the contract period.
7. INSURANCE REQUIREMENTS
The successful bidder shall be required to furnish a certificate of insurance within ten (10) calendar days following receipt of a Notice of Award demonstrating proof of coverage in the amounts specified in Attachment C, Insurance Requirements.
8. SUBCONTRACTING
The successful bidder shall not subcontract any portion of the work to be performed under the resulting agreement.
9. EQUIVALENT/ALTERNATE OFFERS
Due to the standardization of the County’s emergency response vehicle equipment including the County’s inventory of repair/replacement parts as well as staff training issues, bids will only be accepted for the brand and model emergency response vehicle equipment and supplies specified in the Bid Worksheet.
ATTACHMENT 1
375
Attachment A
Bid No. 20000
10. SERVICE STANDARDS
The successful bidder shall provide all necessary personnel, tools, parts, materials, and equipment to perform the services described herein. The successful bidder shall perform all work in such a manner as to meet all accepted standards for safe practices for emergency response vehicle equipment installation services and to safely maintain stored equipment or other hazards consequential or related to the work. The successful bidder agrees to accept the sole responsibility for complying with all local, County, State or other legal requirements at all times including, but not limited to, O.S.H.A. and CAL. O.S.H.A. Safety Orders. The successful bidder must meet all EPA standards as well as all Federal, State, and Local laws, standards, and regulatory and permitting requirements while performing services on behalf of Placer County.
11. WORKMANSHIP
All services shall be performed in accordance with the highest standards prevailing in the trades. All of the successful bidder’s employees shall be especially skilled and appropriately trained and certified for the kind of work for which they are employed. Should the successful bidder’s Manager and/or Placer County staff deem anyone employed by the successful bidder incapable of completing the work required, the successful bidder shall immediately dismiss the employee from performing services on behalf of the County. Such removal shall not be considered a basis for employee’s claim for compensation or damages against the County, or any of its officers or agents.
ATTACHMENT 1
376
Attachment B
Bid No. 20000
COUNTY OF PLACER
EMERGENCY RESPONSE VEHICLE EQUIPMENT AND INSTALLATION SERVICES
SCOPE OF WORK
1.0 The successful bidder shall be regularly established in the business of routine emergency vehicle lighting and equipment installation services on a variety of patrol vehicles, light trucks, and fire trucks. Responding firms shall have staff experienced in the installation of law enforcement and fire department radios, “Code 3” emergency equipment, prisoner partitions, mounting consoles, trunk racks, cages and gun locks at a minimum.
2.0 The successful bidder shall be qualified and capable of performing equipment installation services on various types of emergency response vehicles and equipment including, but not limited to, law enforcement sedans, sport utility vehicles, trucks, undercover vehicles, trailers, off-highway vehicles, and boats, including Type I and Type II engines.
3.0 Time is of the essence in returning County vehicles to service. The successful bidder agrees that work performed under the resulting agreement shall receive top priority over other work in the successful bidder’s shop. If the County determines that the workload of the successful bidder is such that timeliness is not possible in a given situation, the County reserves the right to assign the job to another vendor.
4.0 In the event that the successful bidder is unable to respond or complete the requested services within the bidder’s stated turnaround time, the successful bidder shall notify the County designated contact person immediately prior to commencing work. The County at its sole discretion may elect to utilize the services of another vendor in such instances and will notify the successful bidder if such intention is to be exercised.
5.0 The successful bidder agrees that the County has the right to view any work performed on a County vehicle at the successful bidder’s facility at any time, whether or not services have been completed. The successful bidder agrees that the County has the right to audit any work performed by the successful bidder.
6.0 The successful bidder warrants the goods furnished to be of the highest quality, complying with the specifications and free from all defects whatsoever in workmanship and materials, for a minimum period of one year from the date of delivery. Replacements and repairs under this warranty are to be made by the successful bidder at no cost and to the satisfaction of the County. Equipment installations shall be guaranteed for as long as the County owns/possesses the vehicle.
7.0 The successful bidder agrees that the County has the right to make the final determination as to whether services have been satisfactorily completed. The successful bidder shall include County staff on a walk-through of the vehicle to confirm that all equipment is installed and functioning correctly and testing the equipment prior to the County's acceptance of the work as being completed. Should any portion of the work to be done whic h, due to any cause, is not in
accordance with the specifications or is not satisfactorily completed, it will be rejected and the successful bidder shall immediately make a satisfactory arrangement with the County before proceeding with other work. The successful bidder shall promptly correct all work rejected by the County as faulty, defective, or failing to conform to the product specifications or scope of ATTACHMENT 1
377
Attachment B
Bid No. 20000
work defined herein, whether observed before or after substantial completion of the work and whether or not inspected, tested, repaired, fabricated, installed, or completed. The successful bidder shall bear all costs of correcting such rejected work. This provision applies during the contract term and any resulting renewal periods.
8.0 The successful bidder shall be held responsible for any breakage or loss of the County’s vehicles or equipment while performing service on the County’s vehicles. The successful bidder shall be responsible for restoring or replacing any equipment, vehicle, etc. so damaged to the satisfaction of the County and at the sole expense of the successful bidder. The successful bidder shall immediately report to the County any damages to the vehicle or equipment resulting from services performed under the resulting agreement.
9.0 The successful bidder, at the County’s request, shall provide a field representative to meet with County personnel at least once a month to review the department's inventory levels, discuss the department's emergency lighting and equipment requirements and introduce additional products to address any County needs. The successful bidder shall also have technical staff available to conduct scheduled on-site meetings at the County’s request. The successful bidder shall provide inside sales support capable of providing product specification sheets, quotations, order placement and expediting, via fax and telephone at the County’s request.
ATTACHMENT 1
378
Attachment C
Bid No. 20000
PLACER COUNTY INSURANCE REQUIREMENTS
1. HOLD HARMLESS AND INDEMNIFICATION AGREEMENT
The CONTRACTOR shall save, keep, hold harmless, defend, and in demnify PLACER COUNTY from all damages, costs, or expenses in law or equity that may at any time arise or be set up because of damages to property or personal injury received by reason of or in the course of performing work which may be occasioned by any willful or negligent act or omissions of the CONTRACTOR, any of the CONTRACTOR'S employees, o r a n y subcontractors.
The CONTRACTOR shall be responsible for any liability imposed by law and for death, injury, or damage to property of any person including, but not limited to, workmen, subcontractors, and the public, resulting from any cause whatsoever during the progress of the work or at any time before its completion and final acceptance.
If any judgment is rendered against PLACER COUNTY for any inju ry, death, or damage caused by CONTRACTOR as a result of work performed or completed , pursuant to this agreement, CONTRACTOR shall, at its own expense, satisfy and discharge any judgment.
As used above, the term PLACER COUNTY means PLACER COUNTY, its o f f i c e r s , agents, employees, and volunteers.
2. INSURANCE:
CONTRACTOR shall file with the COUNTY concurrently herewith a Certificate of Insurance, in companies acceptable to COUNTY, with a Best's Rat ing of no less than A- :VII showing.
3. WORKER'S COMPENSATION AND E MPLOYERS LIABILITY INSURANCE:
Worker's Compensation Insurance shall be provided as required by a ny ap p lica b le law o r regulation. Employer's liability insurance shall be provided i n amounts not less than one million dollars ($1,000,000) each accident for bodily injury by accident, one million dollars ($1,000,000) policy limit for bodily injury by disease, and one million dollars ($1,000,000) each employee for bodily injury by disease.
If there is an exposure of injury to PROVIDER'S employees unde r the U.S. Longshoremen's and Harbor Worker's Compensation A c t , t h e J o n e s A c t , o r u n d e r laws, regulations, or ATTACHMENT 1
379
Attachment C
Bid No. 20000
statutes applicable to maritime employees, coverage shall be in cluded for such injuries or claims.
Each Worker's Compensation po licy shall be endorsed with the following specific language:
Cancellation Notice - “This polic y shall not be changed without first giving thirty (30) days prior written notice and ten (10) days prior written notice of cancellation for non-payment of premium to the County of Placer.”
Waiver of Subrogation - The workers’ compensation policy shall be endorsed to state that the workers’ compensation carrier waives its right of subrogati on against the County, its officers, directors, officials, employees, agents or volunteers, which might arise by reason of payment under such policy in connection with performance under this agreement by the CONSULTANT.
CONTRACTOR shall require all SU BCONTRACTORS to maintain adequa te Workers' Compensation insurance. Certificates of Workers' Compensation shall be filed forthwith with the County upon demand.
4. GENERAL LIABILITY INSURANCE:
A. Comprehensive General Liability or Commercial General Liabi lity insurance covering all operations by or on behalf of CONTRACTOR, providing insurance for bodily injury liability and prop erty damage liability for the l imits of liability indicated below and including coverage for:
(1) Products and completed operations;
(2) Contractual liability insuring the obligations assumed by CONTRACTOR in this Agreement; and
(3) Broad form property damage (including completed operations)
Except with respect to bodily injury and property damage incl uded within the products and completed operations hazards, the aggregate limits, where applicable, shall apply separately to CONTRACTOR'S work under the Contract.
B. One of the following forms is required:
(1) Comprehensive General Liability;
(2) Commercial General Liability (Occurrence); or
(3) Commercial General Liability (Claims Made).
C. If CONTRACTOR carries a Com prehensive General Liability policy, the limits of liability shall not be less than a Combined Single Limit for bodily injury, property damage, and Personal Injury Liability of:
One million dollars ($1,000,000) each occurrence
ATTACHMENT 1
380
Attachment C
Bid No. 20000
Two million dollars ($2,000,000) aggregate
D. If CONTRACTOR carries a Com mercial General Liability (Occurrence) policy:
(1) The limits of liability shall not be less than:
One million dollars ($1,000,000) each occurrence (combined single limit for bodily injury and property damage)
One million dollars ($1,000,000) for Products Completed Operations Two million dollars ($2,000,000) General Aggregate
(2) If the policy does not have an endorsement providing that t h e G e n e r a l Aggregate Limit applies separately, or if defense costs are inc luded in the aggregate limits, then the required aggregate limits shall be t wo million dollars ($2,000,000).
E. Special Claims Made Policy Form Provisions:
CONTRACTOR shall not provide a Commercial General Liability (Claims Made) policy without the express prio r written consent of COUNTY, whi ch consent, if given, shall be subject to the following conditions:
(1) The limits of liability shall not be less than:
One million dollars ($1,000,000) each occurrence (combined single limit for bodily injury and property damage)
One million dollars ($1 ,000,000) aggregate for Products Complet ed Operations
Two million dollars ($2,000,000) General Aggregate
(2) The insurance coverage provided by CONTRACTOR shall contain language providing coverage up to one (1) year following the completion of the contract in order to provide insurance coverage for the hold ha rmless provisions herein if the policy is a claims-made policy.
Conformity of Coverages - If more than one policy is used to meet the required coverages, such as a separate umbrella policy, such policies shall be consistent with all other applicable policies used to meet these minimum requirements. For example, all policies shall be Occurrence Liability policies or all shall be Claims Made Liability policies, if approved by the County as noted above. In no cases shall the types of polices be different.
5. ENDORSEMENTS:
Each Comprehensive or Commerc ial General Liability policy shal l be endorsed with the following specific language:
ATTACHMENT 1
381
Attachment C
Bid No. 20000
A. "The County of Placer, its officers, agents, employees, and volunteers are to be covered as an additional insured for all liability arising out of the operations by or on behalf of the named insured in the performance of this Agreement."
B. "The insurance provided by the Contractor, including any ex cess liability or umbrella form coverage, is primary coverage to the County of Placer with respect to any insurance or self-insurance programs maintained by the County of Placer and no insurance held or owned by the County of Placer shall be called upon to contribute to a loss."
C. “This policy shall not be cha nged without first giving thirty (30) days prior written notice and ten (10) days prior written notice of cancellation f or non-payment of premium to the County of Placer.”
6. AUTOMOBILE LIAB ILITY INSURANCE:
Automobile Liability insurance co vering bodily injury and property damage in an amount no less than one million dollars ($1,000,000) combined single limit for each occurrence.
Covered vehicles shall include owned, non-owned, and hired aut omobiles/trucks.
7. ADDITIONAL REQUIREMENTS:
Premium Payments - The insurance companies shall have no recourse against the COUNTY and funding agencies, its officers and employees or any of them for payment of any premiums or assessments under any policy issued by a mutual insurance company.
Policy Deductibles - The CONTRACTOR shall be responsible for all deductibles in all of the CONSULTANT’s insurance policies. The maximum amount of allowable deductible for insurance coverage required herein shall be $25,000.
CONTRACTOR’s Obligations - CONTRACTOR’s indemnity and other obligations shall not be limited by the foregoing insurance requirements and shall survive the expiration of this agreement.
Verification of Coverage - CONTRACTOR shall furnish the County with original certificates and amendatory endorsements or copies of the applicable policy language effecting coverage required by this clause. All certificates and endorsements are to be received and approved by the County before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the CONTRACTOR’s obligation to provide them. The County reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time.
ATTACHMENT 1
382
Attachment C
Bid No. 20000
Material Breach - Failure of the CONTRACTOR to maintain the insurance required by this agreement, or to comply with any of the requirements of this section, shall constitute a material breach of the entire agreement.
Certificate Holder –Placer County subscribes to a service that monitors insurance certificates for compliance with the above requirements. The C ertificate Holder on insurance certificates and related documents should read as follows:
County of Placer
c/o EXIGIS LLC
PO Box 4668 ECM #35050
New York, NY 10168-4668
Fax: 888-355-3599
Email: [email protected]
Upon initial award of a contract to your firm, Exigis will cont act you with further instructions for providing insur ance certificates which meet th e terms of the contract.
Certificates which amend or alter the coverage during the term of the contract, including updated certificates due to policy renewal, should be sent dire ctly to Exigis via fax or email as indicated above.
***SOLE PROPRIETER LANGUAGE:
Workers’ Compensation
CONTRACTOR represents they have no employees and, therefore, not required to have Workers’ Compensation coverage.
CONTRACTOR agrees they have no rights, entitlements or claim against COUNTY for any type of employment benefits or workers’ compensation or other programs afforded to COUNTY employees.
ATTACHMENT 1
383
ATTACHMENT 1
384
Terms & Conditions
INVITATION FOR BIDS
GENERAL TERMS AND CONDITIONS
The following provisions are hereby made a part of this Invitation for Bids ("bid") by reference and attachment to the Invitation for Bids document. Any contract award made as the result of this bid shall be governed by these General Terms and Conditions. By submission of a bid, bidder does agree if the bid is accepted within 90 calendar days from the date of opening, to furnish to furnish the product(s) and/or service(s) pursuant to these conditions. In the event of a contract award pursuant to this bid, performance by the successful bidder of any or all of the services, or delivery of any or all of the products defined herein, shall constitute acceptance of all terms, conditions and requirements of the resulting agreement.
WARNING: It is the bidder’s responsibility to monitor the County’s website for possible addenda to this bid to inform him/herself of the most current specifications, terms, and conditions (see also Section 4 below), and to submit his/her bid in accordance with the original bid requirements and all addenda. All available bids and related addenda can be found at: https://placer.bidsandtenders.net
. Failure of bidder to obtain this information shall not relieve him/her of the requirements contained therein. Additionally, failure of bidder to respond to any addenda, when required, may be cause for rejection of his/her bid.
1. GENERAL. These provisions are standard for all County contracts. The County may delete or modify any of these standard provisions for a particular contract by indicating a change in the special instructions to bidders or in the bid. Any bidder accepting a contract award as the result of this bid agrees that the provisions included within this Invitation for Bid shall prevail over any conflicting provision within any standard form contract of the bidder.
2. SUBMISSION OF BIDS. Bids shall be submitted to the Procurement Services Division either online, by using the Placer County EBid System, or in hard-copy form (see below for instructions). All bids must be submitted prior to the date and time specified in this solicitation. Bids shall be submitted by an employee who is authorized to commit his/her firm or organization to the provisions of the bid. Any exceptions to the specifications, terms, or conditions of this solicitation shall be clearly indicated by bidder.
SUBMISSION OF HARD-COPY BIDS. Bidders who wish to submit bids in hard-copy form in lieu of using the Placer County EBid System shall submit their bids to the Procurement Services Division, 2964 Richardson Drive, Auburn, California, 95603, between the hours of 8:00 am and 5:00 PM (Pacific), Monday through Friday (excluding County holidays). Hard-copy bids shall be submitted in a sealed envelope which clearly identifies the bid number, commodity, and closing date and time. Bids shall be submitted on the bid forms provided by the County, which may be downloaded from the EBid System or obtained from Procurement Services. Hard-copy bids must be signed by an authorized employee of the firm. The County shall not be responsible for bids delivered to a person/location other than that specified herein. Bids shall be in ink or typewritten and all changes and/or erasures shall be initialed and dated in ink. Any exceptions to the specifications, terms, or conditions of this solicitation shall be clearly indicated by bidder, without obliterating the original text or images contained herein.
WARNING: Late bids or unsigned bids shall not be accepted under any circumstances. Facsimile or telephone bids shall not be accepted.
3. AMENDMENTS TO THE BID. Any amendment to this bid is valid only if in writing and issued by the Placer County Procurement Services Division.
REQUESTS FOR CLARIFICATION/INFORMATION. Bidders are instructed to contact the Placer County Buyer/Contact Person(s) specifically identified in this bid for further clarification or information related to the specifications, terms, conditions, or evaluation of this bid. Information provided by other than the named contact person may be invalid, and responses which are submitted in accordance with such information may be declared non-responsive. Additionally, contacts made with other County staff in an attempt to circumvent or interfere with the County’s standard bidding and evaluation practices may be grounds for disqualification of the bidder. Questions should be submitted using the Question tool on the Bids&Tenders site. Questions submitted within four (4) County working days of the bid opening date may not be answered.
4. NON-COLLUSION. The bidder certifies that his bid is made without any previous understanding, agreement or connection with any person, firm or corporation making a bid for the same project and is in all respects fair, without outside control, collusion, fraud or otherwise illegal action.
5. CONFLICT OF INTEREST. Bidder states that no County officer or employee, nor any business entity in which they have an interest, has an interest in the bid awarded or has been employed or retained to solicit or aid in the procuring of the resulting contract, nor will any such person be employed in the performance of such contract.
6. AWARD. The contract may be awarded to the lowest responsible and responsive bidder complying with the provisions of the Invitation for Bid. In determining whether a bid is lowest and responsive, and the bidder responsible, the following may be considered by the County: a) Ability to perform the service required within the specified time; b) Reputation, judgment and experience; c) The quality of performance in previous contracts; d) Previous compliance with laws, as well as employment practices; e) Financial ability to perform the contract; f) The quality, availability and adaptability of the supplies or the contractual services to the particular use required; g) Ability to provide maintenance and service; h) Whether the bidder is in arrears to the County, in debt on contract, is a defaulter on surety to the County or whether the bidder’s taxes or assessments are delinquent; i) The resale value and life cycle costs of the items; j) Such other information as identified in the Purchasing Policy Manual having bearing on the decision to make the award. The award analysis will also include consideration for Local Vendor Preference (per Section 18 below) and any prompt pay discounts offered by the bidder (per Section 19 below). The County reserves the right to reject any and all bids and to waive any informality in bids received whenever such rejection or waiver is in the interest of the County. The County also reserves the right to reject the bid of a bidder who has previously failed to perform properly. The County may award bids by line item, category, or on an all-or-none basis.
7. MERCHANTABILITY. There shall be an implied warranty of merchantability and fitness for an intended use. Any bid submittals taking exception to this requirement may, at the County’s option, be considered non-responsive.
8. SAMPLES. Samples of items, when required, must be furnished free of expense to Placer County and if not destroyed by tests will, upon request, be returned at bidder’s expense. Samples of selected items may be retained for comparison.
9. MANUFACTURER’S NAME AND APPROVED EQUIVALENTS. Unless otherwise specified, manufacturer’s names, trade names, brand names, information and/or catalog numbers listed in a specification are intended only to identify the quality level desired. They are not intended to limit competition. The bidder may offer any equivalent product, which meets or exceeds the specifications. If bids are based on equivalent products, the bids must: 1) Indicate on the bid form the alternate manufacturer’s name and catalog number; 2) Include complete descriptive literature and/or specifications; 3) Include proof that the proposed equivalent shall meet the specifications. The County reserves the right to be the sole judge of what is equal and acceptable. If bidder fails to name a substitute, goods identical to the bid standard must be furnished.
10. INSURANCE AND INDEMNIFICATION. The awarded bidder may be required to provide proof of liability, automobile, and/or workers compensation insurance. If required, the minimum coverage requirements will be identified in the bidding documents. All costs of complying with the insurance requirements shall be included in your pricing. The selected firm shall provide complete and valid insurance certificates within ten (10) days of the County’s written request. Failure to provide the documents within the time stated may result in the rejection of the bid response and/or cancellation of the resulting contract or purchase order.
Unless indemnification requirements are stated otherwise in this solicitation, said requirements shall be as follows: The awarded bidder ("Contractor") hereby agrees to protect, defend, indemnify, and hold Placer County free and harmless from any and all losses, claims, liens, demands, and causes of action of every kind and character including, but not limited to the amounts of judgments, penalties, interest, court costs, legal fees, and all other expenses incurred by Placer County arising in favor of any party, including claims, liens, debts, personal injuries, death, or damages to property (including employees or property of the County) and without limitation by enumeration, all other claims or demands of every character occurring or any way incident to, in connection with or arising directly or indirectly out of, the contract or agreement. The Contractor agrees to investigate, handle, respond to, provide defense for, and defend any such claims, demand, or suit at the sole expense of the Contractor. Contractor also agrees to bear all other costs and expenses related thereto, even if the claim or claims alleged are groundless, false, or fraudulent. This provision is not intended to create any cause of action in favor of any third party against Contractor or the County or to enlarge in any way the Contractor’s liability but is intended solely to provide for indemnification of Placer County from liability for ATTACHMENT 1
385
damages or injuries to third persons or property arising from Contractor’s performance pursuant to the resulting contract or agreement.
11. FORCE MAJEURE. If an emergency or natural disaster causes delay or interferes with the use or delivery of the products/services described in this bid, deliveries may be suspended as long as needed to remove the cause or repair the damage. An emergency or natural disaster includes fire, flood, blizzard, strike, accident, consequences of foreign or domestic war, or any other cause beyond the control of the parties. The County reserves the right to acquire from other sources any products/services during any suspension of delivery.
12. TAXES. Placer County is exempt from Federal Excise Tax; an exemption certificate will be furnished upon request. Placer County is not exempt from California State
sales/use taxes. All applicable State sales/use taxes will be added to the purchase order.
13. DELIVERY. All prices bid must be FOB Destination, unloaded inside and assembled unless otherwise indicated.
14. FIXED CONTRACT QUANTITIES. Purchase order(s) for full quantities will be issued to successful bidder(s) after notification of award and receipt of all required documents.
15. OPEN-END CONTRACT. No guarantee is expressed or implied as to the total quantity of commodities/services to be purchased under any open-end contract. Estimated quantities/bid ratio or discounts from manufacturer’s list price may be used for bid comparison. The County reserves the right to: issue purchase orders as and when required; or issue a contract for individual agencies or multiple County agencies; or any combination of the preceding. No delivery shall be made without a written order by the County, unless otherwise specifically provided for in the contract. If in a subsequent year the vendor offers to supply his goods and service for the same bid price, or in the event the supplier is willing to negotiate to the satisfaction of Placer County any justifiable price increase prior to the succeeding year’s contract renewal and if the service provided by the supplier was to the satisfaction of the County, the County of Placer reserves the right to extend the period of the resulting contract on a year-to-year basis. Alternatively, the bid solicitation may set forth specific renewal terms. Bidder certifies that prices charged to the County for non-listed commodities or no-fixed price items are equal to or less than those charged the bidder’s most favored customer for comparable quantities under similar terms and conditions.
16. TERMINATION OF CONTRACT. In the event of a material breach of the contractual obligations by the Contractor, the County may terminate the contract. At its sole discretion, the County may give the contractor an opportunity to cure the breach or to explain how the breach will be cured. The actual cure must be completed within no more than 10 working days from notification, or at minimum the contractor must provide the county within 10 working days from notification a written plan detailing how the contractor intends to cure the breach. If the contractor fails to cure the breach or if circumstances demand immediate action, the County will issue a notice of immediate termination.
Supplier Contracts may be terminated by the County without cause upon 30 calendar days’ written notice.
17. NON-APPROPRIATION. In the event that sufficient funds are not appropriated and budgeted for the payment of goods or services described herein, the agreement shall immediately terminate on the last day of the fiscal period for which appropriations were received or other amounts were available to pay the amounts due under the agreement, without penalty or expense to the County of any kind whatsoever, except that the County will be liable for payment of any unpaid invoices for goods or services which were delivered prior to the end of the last fiscal period for which appropriations were made.
18. RIGHTS AND REMEDIES OF COUNTY FOR DEFAULT. If any item or service furnished by the vendor fails to conform to bid specifications, or to the sample submitted by the vendor with his bid (if any), or if the vendor fails to deliver the items or perform any services required by the contract in the time and manner prescribed, the County may reject the products and/or services provided. Upon rejection, the vendor must promptly reclaim and remove any rejected items without expense to the County, and shall immediately replace all such rejected items with others conforming to such specifications or samples, and/or correct the service deficiency. If the vendor fails to do so, the County has the right to purchase in the open market a corresponding quantity of the rejected items, or have another firm provide the required service, and to deduct from any monies due the vendor the difference between the price named in the contract or purchase order and the actual cost to the County. If the vendor breaches the contract or purchase order, any loss or damage sustained by the County in procuring items which the vendor therein agreed to supply shall be borne and paid for by the vendor. The rights and remedies of the County identified above are in addition to any other rights and remedies provided by law or under the contract. In any legal proceeding brought to enforce the terms of the herein agreement, the prevailing party shall be entitled to an award of reasonable attorney’s fees and costs incurred as a result of enforcing the terms of this agreement.
19. LOCAL VENDOR PREFERENCE. A local preference credit of 5.0% for Placer County businesses will be permitted when evaluating bids for supplies, equipment, materials and services that are not part of a public project. Bidders claiming local vendor preference must submit an Affidavit of Eligibility with their bid, unless an authorized affidavit is already on file with Placer County Procurement. Preference criteria and affidavit forms are available on our website at: https://www.placer.ca.gov/1408/Local- Vendor-Preference
20. INVOICES AND PAYMENT TERMS. Invoices are to be mailed to the County department specified on the resulting purchase order or contract. All invoices must include the purchase order or contract number. Failure to comply will result in delayed payments. The County will make payment on a Net 30-day basis unless a cash discount is allowed for payment within the time period specified by vendor. The payment term shall begin on the date the merchandise is inspected, delivered and accepted by the County, or on the date a correct invoice is received in the office specified in the order, whichever is later. Prompt payment discounts shall be considered earned if payment is postmarked or personally delivered within the prescribed term. For the purposes of this section, the beginning date described above shall be considered day zero for the purposes of counting days in the prescribed term. For the purposes of bid evaluation, the County will only consider discount periods of ten (10) days or more. LATE FEES: In accordance with Section 926.10 of the California Government Code, Placer County may pay interest at not more than the rate of 6% per annum on invoices which are unpaid 61 or more days beyond the “beginning date” or “day zero” as defined above. In cases where this policy may conflict with other terms provided by the supplier, this provision shall prevail.
21. LEGAL REQUIREMENTS. Federal, State, County and local ordinances, rules and regulations, and policies shall govern development, submittal and evaluation of bids and disputes about bids. Lack of knowledge by any bidder about applicable law is not a defense.
22. ASSIGNMENT. Any contract awarded shall not be assignable by the vendor without the express written approval of the County, and shall not become an asset in any bankruptcy, receivership or guardianship proceedings.
23. OTHER AGENCIES. The successful vendor shall agree to extend Placer County contract prices and terms to other governmental agencies. Any contract resulting from this requirement shall be executed by the successful vendor and the other agency. Placer County will not be a party to “other agency” contracts.
24. PROTEST AND APPEAL PROCESS. Any actual or prospective bidder or contractor who is aggrieved in connection with the solicitation or award of a contract may protest to the Director of Administrative Services in the manner prescribed by Section 10.0 of the Placer County Purchasing Policy. The protest shall be submitted in writing to the Director of Administrative Services within seven (7) County business days after such aggrieved person or company knows or should have known of the facts giving rise thereto.
25. RECYCLED PRODUCT PREFERENCE. A preference of 10% will be given to bids for products meeting the definition of recycled product cited in Public Contract Code Sections 22150 - 22154. In order to be granted this preference bidder shall provide statements and/or documentation as supporting evidence that the product(s) meets the definition.
26. PATENT INFRINGEMENT. Supplier shall indemnify and hold harmless County, its agents and employees, against and from any and all actions, suits, liabilities, prosecutions, penalties, settlements, losses, damages, costs, charges, attorney’s fees, and all other expenses which may arise directly or indirectly from any claim that any of the products supplied by supplier infringes any patent, copyright, trade secret, or other property right.
27. VENDOR FINANCIAL STABILITY. If a vendor is currently involved in an ongoing bankruptcy as a debtor, or in a reorganization, liquidation, or dissolution proceeding, or if a trustee or receiver has been appointed over all or a substantial portion of the property of the vendor under federal bankruptcy law or any state insolvency law, the vendor must provide the County with that information as part of its bid/proposal. In accordance with Section 3.12(g) of the Placer County Purchasing Policy Manual and paragraph 8.e. of this document, the County may use information regarding a bidder’s financial responsibility when making an award determination.
The County reserves the right to take any action available if it discovers a failure to provide such information to the County, including but not limited to, a determination that the vendor should be declared non-responsible and/or non-responsive, and suspension or debarment of the vendor, in accordance with the processes defined in the Placer County Purchasing Policy Manual.
ATTACHMENT 1
386
By submitting a bid/proposal in response to this solicitation, the vendor agrees that if, during the term of any contract it has with the County, it becomes involved as a debtor in a bankruptcy proceeding, or becomes involved in a reorganization, liquidation, or dissolution proceeding, or if a trustee or receiver has been appointed over all or a substantial portion of the property of the vendor under federal bankruptcy law or any state insolvency law, the vendor will immediately provide the County with a written notice to that effect and that it will provide the County any relevant information requested in order for the County to determine whether the vendor has the financial ability to meet its obligations to the County.
- - End of General Terms and Conditions - -
07/25/2019
I acknowledge that I have the authority to bind the Company and submit this bid on behalf of the Company. - Steve Adair, Regional Sales Manager The Applicant declares that there is an actual or potential Conflict of Interest relating to the preparation of its submission, and/or the Applicant foresees an actual or potential Conflict of Interest in performing the contractual obligations contemplated in the bid. Yes No The Bidder acknowledges and agrees that the addendum/addenda below form part of the Bid Document Please check the box in the column "I have reviewed this addendum" below to acknowledge each of the addenda.
File Name
I have reviewed the
below addendum and
attachments (if
applicable)
Pages
There have not been any addenda issued for this bid.
ATTACHMENT 1
387
1 RESOLUTION NO. ________
IN THE CITY COUNCIL OF THE CITY OF LIVERMORE, CALIFORNIA
A RESOLUTION AUTHORIZING THE EXECUTION OF A GENERAL
SERVICES AGREEMENT WITH LEHR UPFITTERS OPCO, LLC DBA
LEHR FOR ON-CALL OUTFITTING AND REPAIR SERVICES ON CITY FLEET AND EQUIPMENT IN AN AMOUNT NOT-TO-EXCEED $900,000
FOR A FIVE-YEAR TERM
The City of Livermore routinely purchases vehicles that require the installation and repair of specialized equipment to fulfill various functions. The City requires services to ensure vehicles are maintained and properly outfitted for use by City staff, including first responders in the Livermore Police Department and the Livermore Pleasanton Fire Department.
Livermore Municipal Code section 2.68.360 permits the purchase of certain goods and services through qualifying cooperative purchasing programs. Livermore Municipal Code section 2.68.370 permits the City to participate in cooperative purchasing programs if the underlying purchase was made using a quotation or bid procedure at least as restrictive as the City’s.
LEHR Upfitters OpCo, LLC d/b/a LEHR (formerly known as Stommel, Inc.) (“Contractor”) holds a contract with the County of Placer for emergency response vehicle supplies/equipment and installation services. The contract was procured through the County of Placer’s formal solicitation procedures and permits other public agencies to “piggyback” on the County’s agreement, which requires the Contractor to extend the same prices and terms to these other public agencies. The contract commenced on October 1, 2024 and terminates on September 30, 2025. This cooperative purchasing program meets the requirements of the Livermore Municipal Code.
The proposed agreement with the Contractor provides for emergency response vehicle supplies/equipment and installation services in an amount not-to-exceed $900,000. The term of the agreement will commence on May 1, 2025 and terminate on April 30, 2030. The proposed agreement includes substantively the same services and rates as those provided by the Contractor to the County of Placer.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Livermore that it:
1. Authorizes the City Manager, or her designee, to execute a general services agreement with LEHR Upfitters OpCo, LLC d/b/a LEHR, attached hereto as Exhibit A, for emergency response vehicle supplies/equipment and installation services, in an amount not-to-exceed $900,000 for a five-year term.
2. Authorizes the City Manager, or her designee, to take whatever actions are necessary and appropriate to carry out the purpose and intent of this resolution. 388
2 RESOLUTION NO. ________
On motion of Council Member ______________________, seconded by Council Member ______________________, the foregoing resolution was passed and adopted on April 14, 2025, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST: APPROVED AS TO FORM:
____________________________ /s/ Molly A. O’Toole________________ Deborah L. Elam Molly A. O’Toole
City Clerk Assistant City Attorney
Exhibit A – General Services Agreement with LEHR Upfitters OpCo, LLC d/b/a LEHR 389
AGREE
MENT FOR SERVICES
THIS AG
REEMENT is made and entered into this _______ day of _________, 2025, by and between the City of Livermore (“City”), a municipal corporation, and LEHR Upfitters OpCo, LLC d/b/a LEHR (“Contractor”), a Delaware limited liability company with the California Secretary of State entity number 2855852.
RECITAL
S
City
requires services to provide and install equipment on City vehicles , and troubleshoot and repair vehicles, parts, and related software.
Contrac
tor warrants it possesses the distinct skills, qualifications, experience, and resources necessary to timely perform the services described in this Agreement.
Contractor acknowledges City has relied upon these warranties to retain Contractor.
AGREEM
ENT
NOW, T
HEREFORE, City and Contractor hereby agree that the aforementioned recitals are true and correct and further agree as follows:
1. Retention as Contractor. City hereby retains Contractor, and Contractor hereby accepts such engagement, to perform the services described in Section 3 below subject to the terms and conditions in this Agreement.
2. Relationship of Parties – Independent Contractors . The relationship of the parties shall be that of independent contractors. Contractor and its employees are not City office rs or employees. Contractor is responsible for the supervision and management of its employees, including any workers compensation insurance, withholding taxes, unemployment insurance, and any other employer obligations associated with the delivery of the services contemplated by this Agreement.
3. Description of Services. Contractor shall provide services to provide and install equipment on City vehicles, and troubleshoot and repair vehicles, parts, and related software as more particularly set forth in Exhibit "A" (collectively “the Services”).
4. Contractor’s Responsibilities. Contractor shall:
(a) Diligen
tly perform the Services in a manner commensurate with industry, professional, and community standards;
(b) Provi
de the resources necessary to complete the Services in a timely manner;
(c) Obtai
n a business license from the City of Livermore, and keep it in effect for the term of this Agreement;
Docusign Envelope ID: 17D5F697-CDC7-412B-85D0-567EDC94FA7E
EXHIBIT A
390
(d) Obtain and keep in ef
fect all necessary licenses , permits, qualifications,
insurance, and approvals legally and professionally required for Contractor to practice its profession and to provide the Services;
(e) Co
mply with all laws in effect that are related to Contractor and the Services; (f
) Coordinate the Services with Scott Kooreman- Public Works Supervisor - Fleet (“Project Manager”), or such other person designated as the Project Manager by City;
(
g) Be available to the Project Manager, and other parties referred to Contractor by the Project Manager, to answer questions or inquiries related to the Services; (
h) Only invoice City for the Services rendered. Contractor’s invoice shall be in writing and describe the Services performed for the payment requested. Contractor shall not submit an invoice to City more frequently than once a calendar month; (i) Keep
and maintain invoices and records related to the Services in an organized manner. At a minimum, the records must be kept for at least 3 years from the date of final payment to Contractor and must include time sheets, work progress reports, and other documentation to adequately explain all the Services invoiced for payment.
Contractor shall make the i nvoices and records immediately available to City upon delivery of a written request to examine, audit, or copy them at City’s place of business during normal business hours. Contractor shall give City 30 calendar-days’ written notice prior to destroying the invoices and records and allow City an opportunity to take possession. If City wants them, Contractor and City shall coordinate their delivery to City in the most efficient manner possible;
(j) P
repare and submit a written report to the Project Manager, within 3 business-days of the Project Manager’s written request, that identifies the Services completed and in progress, the charges incurred to date, and the anticipated cost to complete the remaining Services;
(
k) Contractor shall correct, at its own expense, all errors in the S ervices.
Should Contractor fail to make such correction in a timely manner, City may make the correction and charge the cost thereof to Contractor;
(l
) If applicable, Contractor shall ensure that all work for compensation is taken in compliance with the requirements of the California Labor Code including but not limited to hours of labor, nondiscrimination, payroll records, apprentices, worker’s compensation and prevailing wages. If applicable, Contractor shall comply with all prevailing wage laws, such as sections 1773, 1773.8, 1775, 1776, 1777.5, 1777.6, and 1813 of the California Labor Code and any other applicable wage and hour law. If any violation of prevailing wage law associated with this Agreement is deemed to have occurred by any court or administrative authority, Contractor shall forfeit to the City, as a penalty, the sum of fifty dollars ($50.00) for each calendar day, or portion thereof, for each laborer, worker, or mechanic employed, paid less than the applicable prevailing rates for any work done to accomplish the purposes of this Agreement; and,
Docusign Envelope ID: 17D5F697-CDC7-412B-85D0-567EDC94FA7E
EXHIBIT A
391
(m ) Contractor’s ser
vices provided pursuant to this Agreement shall comply with the Americans with Disabilities Act (ADA) of 1990, and all amendments thereto, as well as applicable regulations and guidelines issued pursuant to the ADA.
5. Compensation and Payment.
(a) T
he total compensation payable by City to Contractor for the Services SHALL NOT EXCEED the sum of $ 900,000 ( "not-to-exceed amount"). City shall compensate Contractor for the Services rendered at the hourly rates or task amounts set forth in Exhibit “A” up to the not-to-exceed amount. Except as provided in the body of this Agreement, the hourly rates or task amounts are intended to be Contractor ’s only compensation for the Services and is inclusive of all costs of labor, licensing, permitting, travel expenses, overhead and administrative costs, and any -and-all other costs, expenses, and charges incurred by Contractor, its agents, and employees to provide the Services.
(b
) City shall pay Contractor no later than 30 days after City receives a written invoice from Contractor and verifies the Services were performed for the payment requested.
6. Term. The term of this Agreement commences on May 1, 2025, and terminates upon the completion of the Services or April 1, 2030, whichever occurs first.
7. Termination by City . City may terminate any portion or all of the Services by giving Contractor at least 30 calendar-days written notice. Upon receipt of a termination notice, Contractor shall immediately stop all work in progress on the S ervices except where necessary to preserve the benefit of the work, and assemble the work on the Services for delivery to City on the termination date. All compensation for Services performed prior to the termination date shall be payable to Contractor in accordance with Section 5.
8. Ownership of Documents. All drawings, designs, data, photographs, reports and other items prepared or obtained by Contractor in the performance of the Services are City’s property and Contractor shall deliver them to City upon demand.
9. Copyright and Right of Use. All items created by Contractor for City under this Agreement are works made for hire, and Contractor shall give City the copyright and all intellectual property rights to all items developed, prepared, and delivered as part of the Services. Contractor agrees that all aspects of the Services and items created thereby will be original works of creation and will not use, in whole or in part, any work created by any other party, except when expressly disc losed by Contractor to City and Contractor obtains a license to such items for the benefit of City. All licenses must be perpetual, world-wide, non-exclusive, and royalty free sufficient in scope to permit City’s full use and enjoyment of its ownership rights in the items created by the Services.
10. Confidentiality. Contractor shall not disclose any confidential or proprietary information received from City to anyone except Contractor ’s employees who require access to the information to perform the S ervices. This obligation shall survive Docusign Envelope ID: 17D5F697-CDC7-412B-85D0-567EDC94FA7E
EXHIBIT A
392
termination and rem
ain in full force and effect until the information, and any copies thereof, are destroyed or returned to City.
11. Defense, Indemnity, and Hold Harmless. To the fullest extent permitted by law, Contractor shall hold harmless, indemnify, and defend with counsel selected by the City or otherwise acceptable to the City, the City and its elected and appointed officials, officers, directors, employees, agents and designated volunteers from and against any and all liability, loss, damage, claims, expenses, and costs (including without limitation, attorney’s fees and costs and fees of litigation) (collectively, “Liability”) of every nature arising out of or in connection with Contractor’s performance of the services contemplated by this Agreement, or in connection with Contractor ’s failure to comply with any of its obligations contained in this Agreement, except for such Liability caused by the sole active negligence or willful misconduct of City. Contractor’s obligations to hold harmless, indemnify, and defend shall not be excused because of Contractor’s inability to evaluate Liability or because Contractor evaluates Liability and determines that Contrac tor is not liable to the claimant. These obligations are independent of, and shall not in any way be limited by, the minimum insurance obligations contained in this Agreement. These obligations shall survive the completion or termination of this Agreement. Contractor must respond within 30 days to the tender of any claim for defense and indemnity by the City. (a
) Modification for Construction Contracts. To the extent this Agreement is a “construction contract” covered by California Civil Code section 2782, then Contractor’s duty to indemnify shall not apply in a manner prohibited by California Civil Code section 2782.
(b
) Modification for Design Professional Services. To the extent this Agreement is for “design professional services” defined in California Civil Code section 2782.8, then Contractor’s duties to defend and indemnify shall only apply to the extent provided for in California Civil Code section 2782.8(a), unless section 2782.8(a) is not applicable for one of the reasons set forth in 2782.8(e).
12. Insurance. Contractor shall procure and maintain insurance during the term of this Agreement in the amounts and under the terms set forth in Exhibit “B” against claims that may arise from or in connection with this Agreement and performance of the Services.
Upon reasonable written notice, Contractor shall comply with any changes in the amounts and terms of insurance as may be required from time-to-time by City’s Risk Manager.
13. Acceptance of Final Payment . Contractor ’s acceptance of final pay ment will release City from any and all claims and liabilities for compensation under this Agreement.
14. Acceptance of Work. City’s acceptance of, or payment to Contractor for, the Services does not release Contractor from its responsibility for the accuracy , completeness, or competency of the Services, nor do the actions constitute an assumption of Contractor’s responsibility or liability by City for any defect or error in the Services.
15. Conflict of Interest. Contractor represents that no City employee or official has a financial interest in Contractor . Contractor shall not offer, encourage, or accept any Docusign Envelope ID: 17D5F697-CDC7-412B-85D0-567EDC94FA7E
EXHIBIT A
393
financial interest
in any part of Contractor's business by or from a City employee or official during the term of this Agreement or as a result of being awarded this Agreement. If any of the Services are paid by reimbursement from an agreement between City and a private party, Contractor represents that it has not performed any work for that private party during the 12-month period prior to the execution of this Agreement , and that it shall not negotiate, offer or accept any contract for services from that party during the term of this Agreement.
16. Economic Disclosure. Contractor shall comply with City’s local conflict of interest code and the Political Reform Act, and prepare and file an economic disclosure statement if the S ervices involve making, or participation in making, decisions which may have a material effect on the Contractors’ financial interest. While it is Contractor ’s sole responsibility to evaluate its conflicts of interest, the Contractor nevertheless agrees to prepare and file an economic disclosure statement if requested by City.
17. Non-Exclusive Agreement. This is a non- exclusive agreement. City reserves the right to provide, and to retain other Contractors to provide, services that are the same or similar to the Services described in this Agreement.
18. No Assignment. Contractor shall not assign or subcontract any of the Services without City’s prior written consent. For the purposes of this section, a change of fifty percent or more in the ownership or control of Contractor constitutes an assignment.
19. Remedies. All remedies permitted or available under this Agreement, or at law or in equity, are cumulative and alternative, and the invocation of a right or remedy will not be construed to waive or elect a remedy with respect to any other available right or remedy. As a condition precedent to commencing legal action involving a claim or dispute against City arising from this Agreement, the Contractor must present a written claim to City in accordance with Chapter 3.42 of the Livermore Municipal Code.
20. Construction of Language . T he terms and conditions in this Agreement have been arrived at through negotiation and each party had a full and fair opportunity to review and revise this Agreement with legal counsel. Any ambiguity in this Agreement will not be resolved against either party as the drafting party. In the event of an inconsistency or conflict between the language in the body of the Agreement and an attachment hereto, the language in the body of the Agreement controls.
21. Entire Agreement; Modification . T his Agreement supersedes all other agreements, whether oral or written, between the parties with respect to the Services.
Any modification to this Agreement must be in writing and signed by both parties. In the event the original of this Agreement is lost or destroyed, an archi val copy maintained by City can be used in place of the original for all purposes with the same effect as if it was the original.
22. Notice. Notices under this Agreement must be delivered to the addresses below by deposit in the United States mail or by overnight delivery service, with postage prepaid and delivery confirmation:
Docusign Envelope ID: 17D5F697-CDC7-412B-85D0-567EDC94FA7E
EXHIBIT A
394
TO CITY: Attentio
n: Scott Kooreman-Public Works Supervisor-Fleet
City of Livermore
3500 Robertson Park Road
Livermore, California 94550
TO CONTRACTOR: Attention: Forrest Fleming
Stommel, Inc., DBA Lehr
661 Garcia Avenue
Pittsburg, CA 94565
23. Waiver. Failure to insist upon the strict performance of any term or conditions in this Agreement, no matter how long the failure continues, is not a waiver of the term or condition and does not bar the right to subsequently demand strict performance. To be effective, a waiver must be in writing and signed by the non-breaching party.
24. Severability. If a court of competent jurisdiction determines a provision in this Agreement is invalid, void, or unenforceable, the remaining provisions will nevertheless continue in full force and effect without being impaired in any way.
25. Survival. The terms, conditions, and obligations in Sections 8, 9, 10, and 11 shall survive the completion or termination of this Agreement.
26. Electronic Signatures. By signing this document, you are agreeing that you have reviewed this disclosure information and consent to transact business using electronic communications, to receive notices and disclosures electronically, and to utilize electronic signatures in lieu of using paper documents. You are not required to receive notices and disclosures or sign documents electronically. If you prefer not to do so, you may request to receive paper copies and withdraw your consent at any time.
27. Counterparts. This Agreement may be executed and delivered in one or more counterparts, each of which will be deemed to be an original copy of this Agreement, and all of which, when taken together, will be deemed to constitute one and the same agreement. The facsimile, email, or other electronically delivered signatures of the Parties shall be deemed to constitute original signatures, and facsimile or electronic copies hereof shall be deemed to constitute duplicate originals and shall be valid and effective for all purposes.
****************************************************************************************************
Signatures and Attachment List on the Next Page
Docusign Envelope ID: 17D5F697-CDC7-412B-85D0-567EDC94FA7E
EXHIBIT A
395
In concurrence and wit
ness whereof, and in recognition of the mutual consideration provided therefore, the parties have executed this Agreement, effective on the date first written above.
CONTRACTOR: Dated:
____________________________ ___________________________ By: Jim Stommel
Title: President
CITY OF LIVERMORE: Dated:
____________________________ ____________________________ Marianna A. Burch
City Manager
APPROVED AS TO FORM:
___________________________
Deputy/Assistant/Senior Assistant/City Attorney
APPROVED AS TO INSURANCE:
_______________________
Risk Manager/Analyst
Attachments:
Exhibit A – Scope of Work
Exhibit B – Insurance Requirements
Docusign Envelope ID: 17D5F697-CDC7-412B-85D0-567EDC94FA7E 3/26/2025 | 9:55 PM EDT
EXHIBIT A
396
Exhibit A
Scope of Work/Pricing Sheet
Services
LEHR Upfitters OpCo, LLC d/b/a LEHR (“Contractor”) shall provide all necessary labor, materials, supplies, and equipment to complete the following work tasks:
1. Provide on-call installation services of after-market emergency equipment and accessory installations on public safety vehicles.
2. Provide on-call troubleshooting and repairs to vehicles, parts, and applicable software that is malfunctioning.
Equipment and repair services that will be typically requested, but not limited to, will be:
• Emergency lighting
• Siren and light control devices
• External communications antennas
• Vehicle hardware (push bumper)
• Investigative data platforms (automatic license plate readers) • Storage systems
• Weapon control systems
• Cages
• Computer docking hardware
• Electrical systems
• Automatic door releases
• Communication systems
Terms
This agreement does not obligate City to any particular amount of work to be completed by Contractor.
All vehicle outfitting must comply with Department of Transportation, National Highway Traffic Safety Administration, California Vehicle Code, California Code of Regulations Title 13 and Code of Federal Regulations Title 49.
City reserves the right to halt work at any time for noncompliance with this agreement, or unsafe work conditions or practices.
Contractor shall keep worksites reasonably clear of debris and protect the safety of the public and City employees at all times. Contractor shall promptly remove all materials and spoils from each job site upon completion of the work.
Docusign Envelope ID: 17D5F697-CDC7-412B-85D0-567EDC94FA7E
EXHIBIT A
397
Contractor shall warranty all work for a minimum of ninety-days after the completion of the work. Any work required to remedy problems with installation or materials shall be at the sole cost of the Contractor within this ninety-day period.
Install all designated items identified in scope into vehicles as directed by the Project Manager.
Project Manager will inspect all transferred/installed equipment and accessories for functionality and proper operations.
AII installations shall be completed within five (5) business days, unless delays are previously made known and approved in writing by the Project Manager
Conditions of Work
1. This agreement does not obligate City to any particular amount of work to be completed by Contractor.
2. All employees of Contractor shall wear uniforms clearly identifying them as employees of the Contractor at all times while on City premises for the purpose of completing work.
3. City reserves the right to halt work at any time for noncompliance with this agreement, or unsafe work conditions or practices.
4. Contractor shall respond to work requests by City within 24 hours.
5. Work may be required at any City-owned or operated facility within the City of Livermore.
6. Contractor shall warranty all work for a minimum of ninety days after the completion of the work. Any work required to remedy problems with installation or materials shall be at the sole cost of Contractor within this ninety-day period.
7. Standard working hours are defined as Monday through Friday from 7:00 AM to 4:00 PM. All other hours are considered overtime.
Compensation
1. Labor rates and equipment/parts pricing is listed on the following pages.
2. Starting on May 1, 2026, the hourly rates specified above may be increased once every twelve months, provided that the monthly rates are not increased by more than the percentage increase in the Consumer Price Index for all Urban Consumers (“CPI-U”) in the San Francisco-Oakland-Hayward, California area from the prior calendar year’s CPI-U rate in December.
3. City shall only compensate Contractor for labor during overtime hours when overtime is approved in writing in advance by the Project Manager.
4. Pricing includes all labor costs, taxes, and other charges except for the parts/equipment list. The equipment/parts list includes the pre-tax costs.
5. Contractor shall notify the Project Manager of any changes or updates to the manufacturer’s published catalog/list prices that occur during the term of the agreement in writing.
6. City shall not compensate Contractor for parts procurement time.
Docusign Envelope ID: 17D5F697-CDC7-412B-85D0-567EDC94FA7E
EXHIBIT A
398
7. City will not compensate Contractor for work done in advance of Project Manager approval.
8. City shall not compensate Contractor for any purchase of equipment or parts unless approved in advance by the Project Manager. City shall not compensate Contractor for purchase of any tools or tasks not identified in the scope of work.
9. Contractor must provide receipts or invoices for all parts/materials used in the services to verify parts/materials pricing only upon request by City.
10. Contractor shall deliver all invoices via email to maintenance- [email protected].
Labor Rates (Hourly)
Position Description: Hourly Rate at LEHR
Facility
Hourly Rate outside a
LEHR Facility
Laborer: $140.00 $200.00
Travel time to be billed at $140.00 per hour.
Equipment/Parts List
Pricing for equipment and parts are based on manufacturer’s discounts on material listed on the following page.
Docusign Envelope ID: 17D5F697-CDC7-412B-85D0-567EDC94FA7E
EXHIBIT A
399
Additional Emergency Equipment Manufacturer's Discounts Manufacture Discount of List Price
AFS 40%
Ace K‐9 2%
AEDEC 2%
American Aluminum 25%
Airgain 15%
BackRack 15%
Big Sky 10%
Boss 20%
Brooking 20%
CHEETAH 13.33%
Copeland 15%
D&R 10%
ECCO 40%
GORhino 25%
Grote 20%
Hint 15%
Hybrid Power Solutions 2%
I‐Key 23%
Intermotive 10%
Jotto Desk 12%
Kussmaul 5%
LEHR Vehicle Solutions 30%
Lind 2%
Lund 5%
MnStar 10%
Newmar 5%
Panorama 5%
Patrol Power 20%
Pico 35%
PMT 5%
Power Products 15%
Pro‐Gard 20%
Ram Mounts 15%
Ray Allen 2%
Rockland Boxes 2%
Stico 2%
Stopstick 5%
Streamlight 30%
Secure‐Idle 5%
TigerTough 5%
Tomar 23%
Trucklite 67%
Tuffy 20%
Unity 38%
Weatherguard 10%
Weldex 15%
Westin 20%
Xantrex 20%
Panasonic Toughbooks 12%
Panasonic ICV 12%
Vigilant ALPR 12%
CradlePoint 5%
Sierra Wirless 5%
Ubiquity 2%
Fixed PODS 10%
Watch Guard MSI 2%
Docusign Envelope ID: 17D5F697-CDC7-412B-85D0-567EDC94FA7E
EXHIBIT A
400
Schedule of Prices
BID PRICING WORKSHEET - Category 1
ITEM NO. DESCRIPTION UOM EST. ANNUAL
USAGE
MANUFACTURE
R
MANUFACTURERS
PART NUMBER UNIT PRICE * EXT PRICE
PRODUCT
WARRANTY
INFORMATION
(state number
of months and
any special
terms or
provisions that
may apply)
COMMENTS
1.1 Lightbar with the following
options/modifications: Add (2) LR11
Flashing Alley Lights, LED
(SRALF1); Add (2) 500 Series
inboard LED, one red and one blue
(SLDBR); Add (2) 500 Series
inboard LED, one red and one blue
(SLDBR); Add (2) TIR high output
LED take downs, flashing or steady
(SXTDLED); and Add (2) 500
Series inboard LED, amber/amber
(SLDAA).
EA 15 Whelen LFL
Liberty SW
WeCan Series
Super-LED 54"
Lightbar
SW2RRBB $1,750.0000 $ 26,250.00 60 Whelen Master
Distributor
*
1.2 Strap Kit for LFL Liberty SW
WeCan Series Super-LED 54"
Lightbar. Strap Kit shall be
compatible with Chevrolet Tahoe
Police SUVs.
EA 15 Whelen
Engineering
STPKT71 $57.0000 $ 855.00 60 Whelen Master
Distributor
*
1.3 CenCom Sapphire Siren with
amplifier control module with pigtails,
traffic advisor module, and
microphone with CCMICX20 included
(20' microphone cable).
EA 15 Whelen
Engineering
CCSRN3
$749.00 $ 60 Whelen Master
Distributor
*
1.4 PB400 Full Aluminum Push
Bumpers. Push bumpers shall be
compatible with 2015 to current
model year Chevrolet Tahoe Police
SUVs.
EA 15 Setina
Manufacturing
Bodyguard
PB400
BK0534TAH15 $319.2000 $ 4,788.00 60 Setina Master
Distributor
*
1.5 Patrol Car Seat, black, with Laguna
Seat Belts and Rear Cargo Cage.
Patrol car seat shall be compatible
with 2011 to current model year
Chevrolet Tahoe Police SUVs.
EA 15 Laguna 3P
Products
CT5502 $1,084.0000 $ 16,260.00 60 Laguna
distributor
*
1.6 Stationary Vinyl Coated Partition
with Full Lower Extension Panel.
The partition shall be compatible
with 2015 to current model year
Chevrolet Tahoe Police SUVs.
EA 15 Setina
Manufacturing 8-
VS Series
PK0369TAH10SCA $599.2500 $ 8,988.75 60 correct Part
Number
PK0369TAH15S
CA
*
1.7 Shotgun Gun Lock EA 15 Santa Cruz SC-1H $77.0400 $ 1,155.60 12 #2 Key *
1.8 Ratchet Lock Gen. 2 EA 15 Santa Cruz SC-6H
$131.64 12 #2 Key *
1.9 Muzzle Up Partition Mount EA 30 Santa Cruz SC-915P $69.9900 $ 2,099.70 12 Authorized Distributor *
1.10 Siren Speaker EA 15 Whelen SA315P $199.99 24 Authorized Distributor *
1.11 Speaker Bracket Kit for Whelen
SA315P Speaker
EA 15 Whelen SAK1
$29.40 $ 60 Authorized
Distributor *
1.12 Plug In Headlight Flasher for 2015
to current model year Chevrolet
Tahoe Police SUVs
EA 15 SoundOff ETHTAHO-07 $65.7200 $ 985.80 60 Authorized Distributor *
1.13 Vertex Super-LED Light, Single Self-
Contained Hemispheric Light,
Color: BLUE
EA 45 Whelen VTX609B
$84.99 $ 60 Authorized
Distributor *
1.14 Vertex Super-LED Light, Single Self-
Contained Hemispheric Light,
Color: RED
EA 45 Whelen VTX609R
$84.99 $ 60 Authorized
Distributor *
1.15 Vertex Super-LED Light, Single Self-
Contained Hemispheric Light,
Color: CLEAR
EA 45 Whelen VTX609J
$$84.99 $ 60 Authorized
Distributor *
1.16 LIN3 Series Super-LED Lighthead,
Horizontal Mounting, Color: BLUE
EA 15 Whelen RSB02ZCR
$$66.60 $ 60 Authorized
Distributor *
1.17 LIN3 Series Super-LED Lighthead,
Horizontal Mounting, Color: RED
EA 15 Whelen RSR02ZCR
$66.60 $ 60 Authorized
Distributor *
1.18 Mounting Bracket for LIN3 Series
Super-LED Lighthead (Horizontal
Mounting)
EA 30 Whelen RBKT1
$10.80 $ 60 Authorized
Distributor *
Change
40% OFF
CHANGE
25% OFF
30% OFF
30% OFF
30% OFF
40% OFF
40% OFF
40% OFF
40% OFF
40%
25%
40% OFF
11%
40% off
10 year warranty
Exhibit A
Docusign Envelope ID: 17D5F697-CDC7-412B-85D0-567EDC94FA7E 401
1.19 PAR46 LED Flood - Spotlight EA 25 Whelen
Engineering
P46FLC $154.99 $ 60 Authorized
Distributor *
1.20 PAR46 LED Spot - Spotlight EA 25 Whelen
Engineering
P46SLC
$154.99 $ 60 Authorized
Distributor *
1.21 Magnetic Mic Kit EA 25 Whelen
Engineering
MMSU-1 $34.9500 $ 873.75 12 Authorized
Distributor *
1.22 Blac-Rac Weapon Mount EA 20 Blac-Rac 1082E
$861.75 $ 12 Authorized
Distributor *
1.23 Chargeguard-Select Auto Shut-Off
Timer
EA 15 Havis Inc. CG-X $71.3800 $ 1,070.70 36 Authorized Distributor *
1.24 Littlite 12" Gooseneck Lamp with
Rehostat Control, Gooseneck
Extends From End of Chassis, Lead
Extends From Bottom of Chassis.
EA 15 Federal Signal LF12ERB $57.7500 $ 866.25 60 Authorized Distributor *
1.25 Patrol Vehicle "Placer" Console,
consisting of the following
components:Arm Rest w/2"
Extension - Lehr Auto Electric
Model# PARM002Tall, Arm Rest
Pad - Lehr Auto Electric Model#
PARP, XTL2500 3" Faceplate -
Troy Products Model#FP-MXTL5000,
Cencom 4" Faceplate - Troy
Products Model#FP-WC10285909,
1" Blank - Troy Products Model# FP-
BLNK1, 2" Blank - Troy Products
Model# FP-BLNK2, 4" Beverage
Holder - Troy Products Model#
EA 12 Lehr Auto
Electric
PCC001 $1,142.0000 $ 13,704.00 60 Authorized
Distributor
*
1.26 Mount Kit EA
1 Troy Products AC-EXP03 $117.1800 $ 117.18 60 limited Lifetime *
1.27 Speaker EA 1 Code 3 C3100ENO7 $178.3800 $ 178.38 24 Authorized Distributor *
1.28 12" Litlite Console Light EA 1 Feederal Signal LF12TRB $66.95 60 Authorized Distributor *
1.29 3 Accessory Outlet EA 2 Able2 Shoe-Me 14.0553 $21.9500 $ 43.90 24 Authorized Distributor *
1.30 Dual Stacked LED X Light EA 2 Code 3 LXEX2F-RR $411.10 $ 60 Authorized Distributor *
1.31 Wig-Wag EA 1 Sound Off LAROOBK $42.6000 $ 42.60 60 Authorized Distributor *
1.32 Double Beam Halogen Work Lamp
12V
EA
2 Hella 006991663 AS 115 $41.8200 $ 83.64 12 Authorized Distributor *
1.33 LED Strip Light EA 1 Whelen PSC0CDCR $ 112.20 $ 60 Authorized Distributor *
1.34 2007-2010 Ford Expedition Base EA 1 Gamber Johnson 7160-446- $113.4000 $ 113.40 60 Part Number 7160-0046 *
1.35 Mongoose 9" Locking Slide Arm w/o
Standard Attachment
EA
1 Gamber Johnson 7160-0219 $247.8000 $ 247.80 60 Part has been discontinued
replacement
quoted 7160-
0220
*
1.36 Tlt Swivel Attachment EA
1 Gamber Johnson DS-CLEVIS $56.0000 $ 56.00 60 Discontinued part -
replacement
quoted 7110-
1008
*
1.37 Radio Ray Wireless Spot Light EA
1 GoLight 7900 $244.1100 $ 244.11 36 Limited 3yr
warranty *
1.38 18" Console EA 1 Troy Products CC-MC18 384.48 $ 60 Authorized Distributor *
Subtotal: $ 124,020.15
40% OFF
40% OFF
25% OFF
35% OFF
30% OFF
40%
40%
30%
30%
30%
20%
28%
EOL
35%
28%
Docusign Envelope ID: 17D5F697-CDC7-412B-85D0-567EDC94FA7E
EXHIBIT A
402
$140
$140
Docusign Envelope ID: 17D5F697-CDC7-412B-85D0-567EDC94FA7E
EXHIBIT A
403
EXHIBIT B
INSURANCE REQUIREMENTS
Minimum Scope and Limits of Insurance
Consultant/Contractor shall maintain limits no less than:
1. Commercial General Liability, including operations, products, and completed operations, as applicable:
$2,000,000 per occurrence/$4,000,000 aggregate for bodily injury, personal injury, and property damage. If Commercial General Liability or other form of insurance with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit.
2. Automobile Liability:
$1 ,000,000 per accident for bodily injury and property damage.
3. Workers’ Compensation and Employer's Liability:
Statutory limits as required by the State of California including $1,000,000 Employers’ Liability per accident, per employee for bodily injury or disease. A waiver of subrogation is required for Workers’ Compensation insurance. If Consultant/Contractor is a sole proprietor, then they must sign “Contractor Release of Liability”.
4. Garage Keepers:
$500,000 per occurrence.
Deductibles and Self-Insured Retention
All self-insured retentions (SIR) must be disclosed to Risk Management for approval and shall not reduce the limits of liability. Policies containing any self-insured retention (SIR) provision shall provide, or be endorsed to provide, that the SIR may be satisfied by either the named insured or the City of Livermore. The City of Livermore reserves the right to obtain a full certified copy of any insurance policy and endorsements. Failure to exercise this right shall not constitute a waiver of right to exercise later.
Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best rating of no less than A:
VII and accepted to do business in the State of California, unless otherwise acceptable to the City of Livermore.
Other Insurance Provisions
The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions:
1. The City of Livermore, its officers, officials, employees, and designated volunteers are to be covered as additional insureds as respects: liability arising out of activities performed by or on behalf of the Consultant/Contractor; or automobiles owned, leased, hired or borrowed by the Consultant/Contractor. The coverage shall contain no special limitations on the scope of protection afforded to the City of Livermore, its officers, officials, employees, or volunteers.
Docusign Envelope ID: 17D5F697-CDC7-412B-85D0-567EDC94FA7E
EXHIBIT A
404
2. The limits of insurance required in this agreement may be satisfied by a combination of primary and umbrella or excess insurance. The additional insured coverage under the Consultant’s/Contractor’s policy shall be primary and non-contributory and will not seek contribution from the City’s insurance or self-insurance and shall be at least as broad as ISO Form CG 20 10 04 13. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of the City of Livermore before the City’s own insurance or self-insurance shall be called upon to protect it as a named insured.
3. Any failure to comply with reporting or other provisions of the policy, including breaches of warranties, shall not affect coverage provided to the City of Livermore, its officers, officials, employees, or volunteers.
4. The Consultant’s/Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability.
5. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be canceled by either party before expiration of the policy unless notice is delivered in accordance with policy provisions.
6. It shall be a requirement under this agreement that any available insurance proceeds broader than, or in excess of, the specified minimum insurance coverage requirements and/or limits shall be available to the additional insured. Furthermore, the requirements for coverage and limits shall be (1) the minimum coverage and limits specified in this agreement; or (2) the broader coverage and maximum limits of coverage of any insurance policy or proceeds available to the named Insured; whichever is greater.
7. Certificate Holder section of the insurance certificate should read: City of Livermore, 1052 S. Livermore Avenue, Livermore, CA 94550
Verification of Coverage
Consultant/Contractor shall furnish certificates of insurance and endorsement(s) effecting coverage to the City of Livermore for approval. The endorsements shall be on forms acceptable to the City of Livermore. All certificates and endorsements are to be received and approved by the City of Livermore before work commences. The City of Livermore reserves the right to require complete and certified copies of all insurance policies required by this Agreement.
Docusign Envelope ID: 17D5F697-CDC7-412B-85D0-567EDC94FA7E
EXHIBIT A
405
CITY COUNCIL STAFF REPORT
ITEM NO. 5.10
DATE:
April 14, 2025
TO:
Honorable Mayor and City Council
FROM:
Joe Testa, Fire Chief
SUBJECT:
Resolution authorizing the City Manager to execute an agreement with the Alameda County Fire Department for equipment and installation of Phoenix G2 alerting system at City fire stations 6, 7, 8, 9, and 10 in a total amount not-to-exceed $689,432.
RECOMMENDED ACTION
Staff recommends the City Council adopt a resolution authorizing the City Manager to execute an agreement with the Alameda County Fire Department for equipment and installat ion of
Phoenix G2
Alerting System at City
fire stati
ons 6, 7, 8, 9, and 10 in
a total amount not-to- exceed $689,432.
SUMMARY
The Livermore-Pleasanton Fire Department (LPFD) seeks City Council approval to execute an agreement between the City and Alameda County Fire Department for $689,432 for the purchase and installation of a new Phoenix G2 Alerting Station System, which will replace the current station alerting system at
fire stations 6, 7, 8, 9, and 10
and will enable the Fire Department to continue to receive calls dispatched from Alameda County Regional Emergency Communications Center (ACRECC).
DISCUSSION
The LPFD has contracted with ACRECC for dispatch services since 2008, with the current contract expiring on June 30, 2027. All fire agencies dispatched by ACRECC utilize a common station alerting platform. ACRECC and LPFD currently utilize a Locution-based station alerting system that has exceeded its lifespan and is no longer supported. The Alameda County Fire Department (ACFD) has worked with the ACRECC consortium operations committee to determine the most appropriate station alerting system to replace the existing outdated system. The committee recommended moving forward with Phoenix G2 Station Alerting, which the ACRECC Advisory Board approved at its November 16, 2022, meeting. The LPFD has been collaborating with ACRECC on this project with members of the Advisory Board.
The new system includes improvements to dispatched alerting times and will enable the LPFD to maintain National Fire Protection Association standards. LPFD will partner with the Information 406
Technology Services Department and Maintenance Operations Department staff to install the Phoenix G2 System in the City’s five fire stations. The system includes a mobile app, communications dashboard, displays, audible alerting, scrolling messaging, LED indicator lighting, software, and hardware.
Installation and maintenance are included in the recommended agreement.
Alameda County Fire Department followed the procurement process below:
DATE
ACTION
OUTCOME
2/28/23
Components and Testing
Honeywell/USDD awarded
contract for components and
testing
3/7/24
RFP 24-01 release date
4/24/24
RFP 24-01 bids received
1 bidder (high)
6/18/24
RFP 24-01 bid rejected
Bid rejected by Board of Directors
6/26/24
RFP 24-01.1 released
8/7/24
RFP 24-01.1 bids received
1 bidder (high)
9/17/24
RFP 24-01.1 bid rejected
Bid rejected by Board of Directors
12/17/24
1st amendment, competitive
waiver and resolution
Approved by Board of Directors
FISCAL AND ADMINISTRATIVE IMPACTS
This project's funding is included in the LPFD JPA Equipment Replacement Fund adopted for FY2024-
25. The total cost includes a 10% contingency for unanticipated costs.
COMMUNITY PILLARS
1: A Safe Community That Thrives
5: A City That Works
GOALS
5: Ensure effective fire suppression, prevention, emergency medical and disaster services to meet the evolving needs of our communities and other changing conditions 14: Develop and maintain the City's infrastructure, facilities, and property
ATTACHMENTS
1. Resolution
2. Exhibit A - Agreement
Prepared by: Gina Eleccion
Business Manager
407
Approved by:
____________________________________
Marianna A. Burch
City Manager
Fiscal Review by:
____________________________________
Tina Olson
Administrative Services Director
408
RESOLUTION NO. ________
IN THE CITY COUNCIL OF THE CITY OF LIVERMORE, CALIFORNIA
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN
AGREEMENT WITH ALAMEDA COUNTY FIRE DEPARTMENT FOR EQUIPMENT AND INSTALLATION OF PHOENIX G2 ALERTING SYSTEM AT CITY FIRE STATIONS 6, 7, 8, 9, AND 10 IN A TOTAL AMOUNT NOT TO EXCEED $689,432 The Livermore-Pleasanton Fire Department (LPFD) has contracted with the Alameda County Regional Emergency Communications Center (ACRECC) for dispatch services since 2008 and recently renewed that agreement through June 30, 2027.
ACRECC provides administration and operation of the ACRECC dispatch center.
ACRECC currently dispatches fire emergency calls using a software program called Locution, which was installed approximately twenty years ago. This software and the alerting system have surpassed their useful life expectancy.
The replacement Locution system is budgeted in the LPFD JPA Equipment Replacement Fund.
The Alameda County Fire Department has procured equipment and installation services through Honeywell International, Inc.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Livermore, that it authorizes the City Manager to execute an agreement with Alameda County Fire Department, attached hereto as Exhibit A, for equipment and installation of Phoenix G2 Alerting System at City fire stations 6, 7, 8, 9, and 10 in an amount not to exceed 689,432.
On motion of Council Member ______________________, seconded by Council Member ______________________, the foregoing resolution was passed and adopted on April 14, 2025, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST: APPROVED AS TO FORM:
_____________________________ /s/ Daniel Gonzales_________________ Deborah L. Elam Daniel Gonzales
City Clerk Deputy City Attorney
Exhibit A –Agreement between City of Livermore and Alameda County Fire Department 409
Alerting System Agreement Page 1 of 9
COOPERATIVE AGREEMENT
BETWEEN
THE CITY OF LIVERMORE
AND
ALAMEDA COUNTY FIRE DEPARTMENT
__________________________________
Fire Station Alerting System
EXHIBIT A
410
Alerting System Agreement Page 2 of 9
This Cooperative Agreement (Agreement) is entered into this _____ day of ____________________, 2025, by and between the Alameda County Fire Department (“ACFD”), a dependent fire protection district governed by the Alameda County Board of Supervisors as its Board of Directors and the City of Livermore, hereinafter referred to as “City,” collectively hereinafter referred to as “Parties,” for the Installation of the Phoenix G2 Station Alerting System by Honeywell (Alerting System) at the City’s fire stations, hereinafter referred to as “Project.”
RECITALS
This Agreement is made with reference to the following facts and objectives:
A. WHEREAS, the Parties have entered into an agreement for the provision of Regional Emergency Communications Center and Fire Dispatch Services (Services Contract) dated June 30, 2022, pursuant to which ACFD provides emergency fire and medical dispatch services within the incorporated limits of the City, at City cost; and
B. WHEREAS, under the Servic es Contract, ACFD shall operate and maintain a Computer-Aided Dispatch system that is capable of alerting City fire stations of new incidents by voice and radio announcement; and
C. WHEREAS, the Parties wish to enter into this Agreement for the Project; and D. WHEREAS, the Project consists of all aspects of the procurement and installation of the Alerting System at each City fire station location (see attached list of components broken out by station in Attachment A) including receiving manufacturer certification of the Alerting System; and
E. WHEREAS, the Project involves pulling ethernet cables (with labels) within each of the City’s fire stations (see attached floor plan layout for each station in Attachment B ), accompanying electrical work as required by the system manufacturer, installation of the alerting system speakers and lights, wall/ceiling patchwork, and other associated work as needed; and F. WHEREAS, the Project, including the Project budget, has been reviewed and approved by the City’s representative under the Services Contract; and G. WHEREAS, ACFD has entered into a contract for the Project with Honeywell International Inc. (“Honeywell”) dated October 4, 2023, as amended, for station alerting systems, design, installation, and training (“Honeywell Contract”) and will provide an ACFD Project Manager to oversee and coordinate the work with the City; and
EXHIBIT A
411
Alerting System Agreement Page 3 of 9
H. WHEREAS, Livermore Pleasanton Fire Department Joint Powers Authority (“LPFD”) provided ACFD with recommendations and direction for the Project; and I. WHEREAS, LPFD and ACFD have identified efficiencies to be gained from using ACFD’s contractor to complete the Project; and
J. WHEREAS, the Parties agree that SIX HUNDRED TWENTY -SIX THOUSAND SEVEN HUNDRED FIFTY -SIX DOLLARS AND FIFTY -FOUR CENTS ($626,756.54) represents the Project cost without contingency, as detailed in Attachment A. The Project covers installation work to be performed at the following City fire stations:
Fire Station 6 – 4550 East Ave, Livermore, CA 94550
Fire Station 7 – 951 Rincon Ave., Livermore, CA 94550
Fire Station 8 – 5750 Scenic Ave., Livermore, CA 94550
Fire Station 9 – 1919 Cordoba St., Livermore, CA 94550
Fire Station 10 – 330 Airway Blvd., Livermore, CA 94556 The wiring diagrams for the Project are detailed in Attachment B; and K. WHEREAS, the Parties agree that a ten percent (10%) contingency of SIXTY-TWO
THOUSAND SIX HUNDRED SEVENTY -FIVE DOLLARS AND SIXTY -FIVE CENTS ($62,675.65) is reasonable and appropriate, bringing the total Project cost covered by this Agreement to SIX HUNDRED EIGHTY-NINE THOUSAND FOUR HUNDRED THIRTY-TWO DOLLARS AND NINETEEN CENTS ($689,432.19) (the “Not-to-Exceed Amount”); and, L. WHEREAS, City will reimburse ACFD up to the Not-to-Exceed Amount specified in this Agreement; and
M. WHEREAS, City will seek any needed approval for allocation of additional funding if ACFD’s actual costs incurred for the Project are anticipated to exceed the Not -to-Exceed Amount; and
N. WHEREAS, the City acknowledges that successful completion of the Project will require City cooperation, including timely responses; and O. WHEREAS, the City Council of the City of Livermore can authorize the City Manager or their designee to enter into Agreements with governmental entities.
NOW THEREFORE, THE PARTIES TO THIS AGREEMENT COVENANT AND AGREE AS FOLLOWS:
EXHIBIT A
412
Alerting System Agreement Page 4 of 9
TERMS
ACFD shall:
1. Enter into and maintain a contract for completion of the Project.
2. Carry out the Project in accordance with the recommendations and direction provided by LPFD.
3. Track costs incurred due to the Project (“Costs”).
a. Send itemized invoices to the City in a timely manner for the Costs incurred. b. If Costs are anticipated to exceed the Not-to-Exceed Amount, ACFD will inform the City, and ACFD shall place the Project on hold until additional funding is approved by the City Council. Any costs that result from placing the Project on hold shall be born e by the City, however, ACFD shall take reasonable steps to mitigate such costs.
City shall:
1. Identify a Project Manager who will coordinate the Project who has sufficient authority to act on behalf of the City with respect to the Project.
2. Provide timely support to ACFD in implementing the recommendations and directions provided by LPFD for the Project. Such support shall include, but not be limited to:
a. Providing and facilitating unobstructed access to each City fire station; b. Coordinating the participation of any needed City or LPFD staff as required to respond to Project needs;
c. Providing review and responses to any requests for information, change orders, or notices within 2 business days or on a mutually-agreeable timeline; d. Participating in meetings, including any walk-throughs, and identifying items needed for project closeout, including any punch list items; e. Securing any required City approvals needed to complete the Project , including, but not limited to, approvals by planning staff, environmental staff, building official, public works director, construction manager, City Council, or City Manager.
EXHIBIT A
413
Alerting System Agreement Page 5 of 9
3. Reimburse ACFD within forty-five (45) calendar days of receipt of ACFD’s written invoice for Costs incurred, in an amount not-to-exceed the Not-to-Exceed Amount.
4. If Costs are anticipated to exceed the Not-to-Exceed Amount , seek any needed approval for allocation of additional funding in a timely manner to avoid additional costs and timely complete the Project . If additional funding is not available to complete the Project, ACFD shall put the Project on hold. City shall be responsible for any costs that result from placing the Project on hold, however, ACFD shall take reasonable steps to mitigate such costs.
5. Upon completion of the Project, assume ownership and responsibility for the components of the Alerting System, including maintenance, provided, however, that the Parties may separately agree that ACFD will maintain the Alerting System, such as through the Services Contract.
LEGAL STATUS OF THIS AGREEMENT
Nothing in this Agreement shall be considered to establish a partnership or any other joint venture between the Parties, or a joint powers agreement under the California Government Code.
NO PLEDGING OF CREDIT
Under no circumstances shall ACFD have the authority or power to pledge the credit of the City or the LPFD or incur obligation(s) in the name of the City or the LPFD.
NO THIRD-PARTY BENEFICIARY
Except with respect to the LPFD, this Agreement shall not be construed or deemed to be an agreement for the benefit of any third party or parties, and no third party or parties shall have any claim or right of action hereunder for any causes whatsoever.
NOTICES
Notices under this Agreement, including, without limitation, notices regarding proposed changes to this Agreement, are to be sent via U.S. Mail to the addresses below:
TO CITY:
City of Livermore, Public Works
1052 South Livermore Ave.
Livermore, CA 94550
Attn: Jason Calkins, Maintenance Works Supervisor
EXHIBIT A
414
Alerting System Agreement Page 6 of 9
TO LPFD:
Livermore-Pleasanton Fire Department
3560 Nevada St
Pleasanton, CA 94566
Attn: Aaron Lacey, Deputy Chief
TO ACFD:
Alameda County Fire Department
6363 Clark Ave
Dublin, CA 94568
Attn: Eric Moore, Deputy Chief
WAIVER
The Parties’ waiver of any term, condition or covenant, or breach of any term, condition or covenant shall not be construed as a waiver of any subsequent breach or violation of the same or any other term, condition or covenant. To be effective, a waiver must be in writing and signed by the non-breaching party. Failure to insist upon the strict performance of any term or condition in this Agreement, no matter how long the failure continues, is not a waiver of the term or condition.
AMENDMENTS
No alterations or changes to the terms of this Agreement shall be valid unless made in writing and signed by all parties hereto.
SEVERABILITY CLAUSE
In any case one or more of the provisions contained herein shall, for any reason, be held invalid, illegal, or unenforceable in any respect, it shall not affect the validity of the other provisions, which shall remain in full force and effect.
INDEMNIFICATION
To the fullest extent permitted by law, ACFD agrees to indemnify, defend, and hold harmless the City , the LPFD , and each of their councils, boards, commissions, elected and appointed officials, officers, directors, representatives, predecessors, successors, assignees, departments, employees, agents, volunteers, and all persons acting by, through, under, or in concert with any of them, and each of them (“Indemnitees”) from and against loss, damages, liability, claims,
EXHIBIT A
415
Alerting System Agreement Page 7 of 9
suits, costs and expenses , arising from or in any manner connected to A CFD’s negligent or willful misconduct regarding performance of services or work conducted or performed pursuant to this Agreement.
To the fullest extent permitted by law, the City agrees to defend, indemnify, and hold harmless the Alameda County Fire Department , the County of Alameda, their governing bodies, their predecessors, successors, assignees, agents, departments, officials, representatives, employees and all persons acting by, through, under or in concert with any of them, and each of them (collectively “ACFD Indemnitees”) from and against loss, damages, liability, claims, suits, costs and expenses, arising from or in any manne r connected to the City ’s negligent or willful misconduct regarding performance of services or work conducted or performed pursuant to this Agreement.
The indemnity obligations in this section shall survive the expiration or earlier termination of this Agreement.
INSURANCE
The Parties shall procure and maintain insurance during the term of this Agreement in the amounts and under the terms set forth in Attachment “C” against claims that may arise from or in connection with this Agreement and the performance of the services contemplated thereby.
ACFD shall also ensure that the City and the LPFD are listed as additional insureds on policies of insurance obtained by Honeywell and its subcontractors pursuant to the Honeywell Contract.
TERM
The term of this Agreement shall be effective when this Agreement is fully executed by all parties, and this Agreement shall terminate when all the obligations for each party ha ve been fulfilled.
ENTIRE AGREEMENT
This Agreement constitutes the entire Agreement, supersedes all prior written or oral understandings, and may only be changed by a written amendment executed by both parties.
COUNTERPARTS
This Agreement may be executed in multiple counterparts, each of which shall be deemed an original and all of which together shall constitute one instrument.
EXHIBIT A
416
Alerting System Agreement Page 8 of 9
CAPTIONS
The captions of the various sections, paragraphs, and subparagraphs of this Agreement are for convenience only and shall neither be considered nor referred to for resolving questions of interpretation.
SIGNATURE PAGE FOLLOWS
EXHIBIT A
417
Alerting System Agreement Page 9 of 9
IN WITNESS WHEREOF, the Parties hereto have executed this agreement as of the effective date, which is the date first written above.
ALAMEDA COUNTY FIRE
DEPARTMENT
By:
__________________________
CITY OF LIVERMORE
By:
__________________________________
David Haubert
President, Board of Directors
Date: __________________________
Approved as to form:
Donna R. Ziegler, County Counsel
By: __________________________
Kathy Lee
Deputy County Counsel
Marianna A. Burch
City Manager
Date:_________________________________
Approved as to form:
By: __________________________________
Daniel Gonzales
Deputy City Attorney
Attest:
By: __________________________________
By signing above, the signatories warrant and
represent that they executed this Agreement in
their authorized capacity and that by their
signature on this Agreement, they or the entity
upon behalf of which they acted, executed this
Agreement
EXHIBIT A
418
US DIGITAL DESIGNS QUOTE
1835 E. Sixth St. Suite #27
Tempe, Arizona 85281
877-551-8733 tel 480-290-7892 fax DATE: 11/15/2024
Expires: 2/13/2025
Quote SUBMITTED TO:
ALAMEDA COUNTY, CA
Alameda County Fire Departments
REF PROPOSAL
Item Unit Mfr Qty Description Part No. US List Unit QUOTE UNIT QUOTE EXT SL1 Ea USDD 1 G2 VOICEALERT - Single Station License. VA $ 1,102.50 $ 992.25 $ 992.25 SL2 Ea/Yr USDD 24 G2 MOBILE FSAS APP - Single Device License. Up to 24 Licenses-Per-ATX G2-APP-DLI $ 124.50 $ 112.05 No Charge Item Unit Mfr Qty Description Part No. US List Unit QUOTE UNIT QUOTE EXT SC1 Kit USDD 1
G2 ATX STATION CONTROLLER -
Power/Signal/Control up to 8 peripheral Remote
Options. 4 Unique Amps/Zones available.
ATX $ 23,272.50 $ 20,945.25 $ 20,945.25
SC4a Ea TBD 1 ATX UPS, Standard UPS-STD $ 988.00 $ 889.20 $ 889.20 SC4b Ea TBD 1 Shelf/Bracket, Wall-Mount for UPS UPS-WMB $ 75.00 $ 67.50 $ 67.50 Item Unit Mfr Qty Description Part No. US List Unit QUOTE UNIT QUOTE EXT SP2 Ea USDD 1 G2 COLOR INDICATOR REMOTE Module - Up to
8 unique colors CIR $ 949.00 $ 854.10 $ 854.10 SP3a Ea USDD 2 G2 HDTV REMOTE Module TVR $ 1,121.50 $ 1,009.35 $ 2,018.70 SP6 Ea USDD 2 Push Button, Emergency (Red) PB-R $ 126.50 $ 113.85 $ 227.70 SP7 Ea USDD 1 G2 MESSAGE REMOTE 2 Module MR2 $ 1,525.00 $ 1,372.50 $ 1,372.50 SP10a Ea USDD 7 G2 ROOM REMOTE 2 Module RR2 $ 2,167.00 $ 1,950.30 $ 13,652.10 SP11a Ea USDD 20 G2 SPEAKER - LED Illuminated - FLUSH Mount, 70v SPK-LED-FM $ 374.00 $ 336.60 $ 6,732.00 SP12a Ea USDD 1 G2 SPEAKER - OmniAlertStrobe SPK-OAS $ 1,050.00 $ 945.00 $ 945.00 SP14 Ea USDD 2 SPEAKER - APP BAY/OUTDOOR - Weatherized, Surface Mount, 70v SPK-W-SM $ 373.75 $ 336.38 $ 672.75 SP15 Ea USDD 1 G2 Strobe Light / Red LED STR $ 661.50 $ 595.35 $ 595.35 CA_ALCO002 v2 STATION-LEVEL
LIVERMORE FS06
Based from USDD G2 Fire Station Alerting System Design Drawing #USDD.CA_LVMR.ALL_STATIONS.2024.2.20pdf
STATION SYSTEM LICENSES
STATION SYSTEM CONTROLLER
STATION SYSTEM PERIPHERAL COMPONENTS
PROPRIETARY and CONFIDENTIAL LIVERMORE 06 SYSTEM Page 76 of 98
ATTACHMENT A
List of Components at each Station
EXHIBIT A
419
SP17 Ea USDD 2
VIDEO DOOR STATION - Doorbell & Camera that
ties into G2 FSAS (HDTV Remote) - Includes
Power Injector
VDS $ 2,040.00 $ 1,836.00 $ 3,672.00 Item Unit Mfr Qty Description Part No. US List Unit QUOTE UNIT QUOTE EXT SS1 Ea USDD 1 Station Installation by: Tech Electric, Bob McCabe; [email protected] ST-INST $ 56,616.20 $ 50,954.58 $ 50,954.58 SS3 Ea USDD 1 Station Configuration & Start-Up ST-SU $ 1,666.67 $ 1,500.00 $ 1,500.00 SS4 Ea USDD 1 Station Project Management ST-PM $ 14,899.00 $ 13,409.10 $ 13,409.10 SS5 Ea USDD 1 Station Engineering / Design Services ST-ES $ 333.33 $ 300.00 $ 300.00 SS6 Ea USDD 1 Station Documentation ST-DM $ 44.44 $ 40.00 $ 40.00 Item Unit Mfr Qty Description Part No. US List Unit QUOTE UNIT QUOTE EXT SW1 YR USDD 1.0
[STANDARD] 1st YEAR WARRANTY &
SUPPORT FOR THIS STATION SYSTEM (or
component): Telephone / Remote Access Support
(8:00 AM - 5:00 PM MST)
RS-1YR-STD $ 5,959.60 $ 5,363.64 No Charge SW2 YR USDD 1.0
[STANDARD] EACH ADDITIONAL YEAR (12-
Months) WARRANTY & SUPPORT FOR THIS
STATION SYSTEM (or Component): Telephone /
Remote Access Support (8:00 AM - 5:00 PM MST)
IF QUANTITY '0' THEN NO ADDITIONAL
SUPPORT IS ASSUMED OR AUTHORIZED
BEYOND INITIAL WARRANTY PERIOD
RS-AYR-STD $ 5,959.60 $ 5,363.64 $ 5,363.64 119,840.08$
1,000.00$
5,363.64$
5,497.73$
131,701.45$
Shipping:
Warranty & Support:
Estimated Taxes:
STATION SUBTOTAL:
STATION SYSTEM WARRANTY & OPTIONAL RECURRING ANNUAL SUPPORT LIVERMORE FS06 System:
STATION SYSTEM SERVICES
PROPRIETARY and CONFIDENTIAL LIVERMORE 06 SYSTEM Page 77 of 98
EXHIBIT A
420
US DIGITAL DESIGNS QUOTE
1835 E. Sixth St. Suite #27
Tempe, Arizona 85281
877-551-8733 tel 480-290-7892 fax DATE: 11/15/2024
Expires: 2/13/2025
Quote SUBMITTED TO:
ALAMEDA COUNTY, CA
Alameda County Fire Departments
REF PROPOSAL
Item Unit Mfr Qty Description Part No. US List Unit QUOTE UNIT QUOTE EXT SL1 Ea USDD 1 G2 VOICEALERT - Single Station License. VA $ 1,102.50 $ 992.25 $ 992.25 SL2 Ea/Yr USDD 24 G2 MOBILE FSAS APP - Single Device License. Up to 24 Licenses-Per-ATX G2-APP-DLI $ 124.50 $ 112.05 No Charge Item Unit Mfr Qty Description Part No. US List Unit QUOTE UNIT QUOTE EXT SC1 Kit USDD 1
G2 ATX STATION CONTROLLER -
Power/Signal/Control up to 8 peripheral Remote
Options. 4 Unique Amps/Zones available.
ATX $ 23,272.50 $ 20,945.25 $ 20,945.25 SC4a Ea TBD 1 ATX UPS, Standard UPS-STD $ 988.00 $ 889.20 $ 889.20 SC4b Ea TBD 1 Shelf/Bracket, Wall-Mount for UPS UPS-WMB $ 75.00 $ 67.50 $ 67.50 Item Unit Mfr Qty Description Part No. US List Unit QUOTE UNIT QUOTE EXT SP2 Ea USDD 1 G2 COLOR INDICATOR REMOTE Module - Up to
8 unique colors CIR $ 949.00 $ 854.10 $ 854.10 SP3a Ea USDD 2 G2 HDTV REMOTE Module TVR $ 1,121.50 $ 1,009.35 $ 2,018.70 SP6 Ea USDD 3 Push Button, Emergency (Red) PB-R $ 126.50 $ 113.85 $ 341.55 SP7 Ea USDD 1 G2 MESSAGE REMOTE 2 Module MR2 $ 1,525.00 $ 1,372.50 $ 1,372.50 SP8b Ea USDD 2 G2 MESSAGE SIGN (Digital LED) STANDARD
GammaSign / 24" Active Screen Width MS-G-S $ 1,260.00 $ 1,134.00 $ 2,268.00 SP9b Ea USDD 1
MS-G Adapter Plate, DOUBLE, VESA 100, joins (2) MS-
G -S(or-E) to any standard mount with VESA 100 hole patterns (mount not included)
MS-AP-D $ 75.00 $ 67.50 $ 67.50 SP9d Ea TBD 1 MS Mount - Articulating, Long reach MS-MNT-ART-L $ 390.00 $ 351.00 $ 351.00 SP10a Ea USDD 8 G2 ROOM REMOTE 2 Module RR2 $ 2,167.00 $ 1,950.30 $ 15,602.40 SP11a Ea USDD 20 G2 SPEAKER - LED Illuminated - FLUSH Mount, 70v SPK-LED-FM $ 374.00 $ 336.60 $ 6,732.00 CA_ALCO002 v2 STATION-LEVEL
LIVERMORE FS07
Based from USDD G2 Fire Station Alerting System Design Drawing #USDD.CA_LVMR.ALL_STATIONS.2024.2.20pdf
STATION SYSTEM LICENSES
STATION SYSTEM CONTROLLER
STATION SYSTEM PERIPHERAL COMPONENTS
PROPRIETARY and CONFIDENTIAL LIVERMORE 07 SYSTEM Page 78 of 98
EXHIBIT A
421
SP12a Ea USDD 1 G2 SPEAKER - OmniAlertStrobe SPK-OAS $ 1,050.00 $ 945.00 $ 945.00 SP15 Ea USDD 1 G2 Strobe Light / Red LED STR $ 661.50 $ 595.35 $ 595.35 Item Unit Mfr Qty Description Part No. US List Unit QUOTE UNIT QUOTE EXT SS1 Ea USDD 1 Station Installation by: Tech Electric, Bob McCabe; [email protected] ST-INST $ 57,044.65 $ 51,340.19 $ 51,340.19 SS3 Ea USDD 1 Station Configuration & Start-Up ST-SU $ 1,666.67 $ 1,500.00 $ 1,500.00 SS4 Ea USDD 1 Station Project Management ST-PM $ 15,011.75 $ 13,510.58 $ 13,510.58 SS5 Ea USDD 1 Station Engineering / Design Services ST-ES $ 333.33 $ 300.00 $ 300.00 SS6 Ea USDD 1 Station Documentation ST-DM $ 44.44 $ 40.00 $ 40.00 Item Unit Mfr Qty Description Part No. US List Unit QUOTE UNIT QUOTE EXT SW1 YR USDD 1.0
[STANDARD] 1st YEAR WARRANTY &
SUPPORT FOR THIS STATION SYSTEM (or
component): Telephone / Remote Access Support
(8:00 AM - 5:00 PM MST)
RS-1YR-STD $ 6,004.70 $ 5,404.23 No Charge SW2 YR USDD 1.0
[STANDARD] EACH ADDITIONAL YEAR (12-
Months) WARRANTY & SUPPORT FOR THIS
STATION SYSTEM (or Component): Telephone /
Remote Access Support (8:00 AM - 5:00 PM MST)
IF QUANTITY '0' THEN NO ADDITIONAL
SUPPORT IS ASSUMED OR AUTHORIZED
BEYOND INITIAL WARRANTY PERIOD
RS-AYR-STD $ 6,004.70 $ 5,404.23 $ 5,404.23 120,733.06$
1,045.00$
5,404.23$
5,539.34$
132,721.63$
Shipping:
Warranty & Support:
Estimated Taxes:
STATION SUBTOTAL:
STATION SYSTEM WARRANTY & OPTIONAL RECURRING ANNUAL SUPPORT LIVERMORE FS07 System:
STATION SYSTEM SERVICES
PROPRIETARY and CONFIDENTIAL LIVERMORE 07 SYSTEM Page 79 of 98
EXHIBIT A
422
US DIGITAL DESIGNS QUOTE
1835 E. Sixth St. Suite #27
Tempe, Arizona 85281
877-551-8733 tel 480-290-7892 fax DATE: 11/15/2024
Expires: 2/13/2025
Quote SUBMITTED TO:
ALAMEDA COUNTY, CA
Alameda County Fire Departments
REF PROPOSAL
Item Unit Mfr Qty Description Part No. US List Unit QUOTE UNIT QUOTE EXT SL1 Ea USDD 1 G2 VOICEALERT - Single Station License. VA $ 1,102.50 $ 992.25 $ 992.25 SL2 Ea/Yr USDD 24 G2 MOBILE FSAS APP - Single Device License. Up to 24 Licenses-Per-ATX G2-APP-DLI $ 124.50 $ 112.05 No Charge Item Unit Mfr Qty Description Part No. US List Unit QUOTE UNIT QUOTE EXT SC1 Kit USDD 1
G2 ATX STATION CONTROLLER -
Power/Signal/Control up to 8 peripheral Remote
Options. 4 Unique Amps/Zones available.
ATX $ 23,272.50 $ 20,945.25 $ 20,945.25 SC4a Ea TBD 1 ATX UPS, Standard UPS-STD $ 988.00 $ 889.20 $ 889.20 SC4b Ea TBD 1 Shelf/Bracket, Wall-Mount for UPS UPS-WMB $ 75.00 $ 67.50 $ 67.50 Item Unit Mfr Qty Description Part No. US List Unit QUOTE UNIT QUOTE EXT SP2 Ea USDD 1 G2 COLOR INDICATOR REMOTE Module - Up to
8 unique colors CIR $ 949.00 $ 854.10 $ 854.10 SP3a Ea USDD 2 G2 HDTV REMOTE Module TVR $ 1,121.50 $ 1,009.35 $ 2,018.70 SP6 Ea USDD 2 Push Button, Emergency (Red) PB-R $ 126.50 $ 113.85 $ 227.70 SP7 Ea USDD 1 G2 MESSAGE REMOTE 2 Module MR2 $ 1,525.00 $ 1,372.50 $ 1,372.50 SP8b Ea USDD 2 G2 MESSAGE SIGN (Digital LED) STANDARD
GammaSign / 24" Active Screen Width MS-G-S $ 1,260.00 $ 1,134.00 $ 2,268.00 SP9b Ea USDD 1
MS-G Adapter Plate, DOUBLE, VESA 100, joins (2) MS-
G -S(or-E) to any standard mount with VESA 100 hole patterns (mount not included)
MS-AP-D $ 75.00 $ 67.50 $ 67.50 SP9d Ea TBD 1 MS Mount - Articulating, Long reach MS-MNT-ART-L $ 390.00 $ 351.00 $ 351.00 SP10a Ea USDD 5 G2 ROOM REMOTE 2 Module RR2 $ 2,167.00 $ 1,950.30 $ 9,751.50 SP11a Ea USDD 16 G2 SPEAKER - LED Illuminated - FLUSH Mount, 70v SPK-LED-FM $ 374.00 $ 336.60 $ 5,385.60 CA_ALCO002 v2 STATION-LEVEL
LIVERMORE FS08
Based from USDD G2 Fire Station Alerting System Design Drawing #USDD.CA_LVMR.ALL_STATIONS.2024.2.20pdf
STATION SYSTEM LICENSES
STATION SYSTEM CONTROLLER
STATION SYSTEM PERIPHERAL COMPONENTS
PROPRIETARY and CONFIDENTIAL LIVERMORE 08 SYSTEM Page 80 of 98
EXHIBIT A
423
SP12a Ea USDD 1 G2 SPEAKER - OmniAlertStrobe SPK-OAS $ 1,050.00 $ 945.00 $ 945.00 SP14 Ea USDD 2 SPEAKER - APP BAY/OUTDOOR - Weatherized, Surface Mount, 70v SPK-W-SM $ 373.75 $ 336.38 $ 672.75 SP15 Ea USDD 1 G2 Strobe Light / Red LED STR $ 661.50 $ 595.35 $ 595.35 SP17 Ea USDD 2
VIDEO DOOR STATION - Doorbell & Camera that
ties into G2 FSAS (HDTV Remote) - Includes
Power Injector
VDS $ 2,040.00 $ 1,836.00 $ 3,672.00 Item Unit Mfr Qty Description Part No. US List Unit QUOTE UNIT QUOTE EXT SS1 Ea USDD 1 Station Installation by: Tech Electric, Bob McCabe; [email protected] ST-INST $ 53,913.45 $ 48,522.11 $ 48,522.11 SS3 Ea USDD 1 Station Configuration & Start-Up ST-SU $ 1,666.67 $ 1,500.00 $ 1,500.00 SS4 Ea USDD 1 Station Project Management ST-PM $ 14,187.75 $ 12,768.98 $ 12,768.98 SS5 Ea USDD 1 Station Engineering / Design Services ST-ES $ 333.33 $ 300.00 $ 300.00 SS6 Ea USDD 1 Station Documentation ST-DM $ 44.44 $ 40.00 $ 40.00 Item Unit Mfr Qty Description Part No. US List Unit QUOTE UNIT QUOTE EXT SW1 YR USDD 1.0
[STANDARD] 1st YEAR WARRANTY &
SUPPORT FOR THIS STATION SYSTEM (or
component): Telephone / Remote Access Support
(8:00 AM - 5:00 PM MST)
RS-1YR-STD $ 5,675.10 $ 5,107.59 No Charge SW2 YR USDD 1.0
[STANDARD] EACH ADDITIONAL YEAR (12-
Months) WARRANTY & SUPPORT FOR THIS
STATION SYSTEM (or Component): Telephone /
Remote Access Support (8:00 AM - 5:00 PM MST)
IF QUANTITY '0' THEN NO ADDITIONAL
SUPPORT IS ASSUMED OR AUTHORIZED
BEYOND INITIAL WARRANTY PERIOD
RS-AYR-STD $ 5,675.10 $ 5,107.59 $ 5,107.59 114,206.98$
977.00$
5,107.59$
5,235.28$
125,526.85$
Shipping:
Warranty & Support:
Estimated Taxes:
STATION SUBTOTAL:
STATION SYSTEM WARRANTY & OPTIONAL RECURRING ANNUAL SUPPORT LIVERMORE FS08 System:
STATION SYSTEM SERVICES
PROPRIETARY and CONFIDENTIAL LIVERMORE 08 SYSTEM Page 81 of 98
EXHIBIT A
424
US DIGITAL DESIGNS QUOTE
1835 E. Sixth St. Suite #27
Tempe, Arizona 85281
877-551-8733 tel 480-290-7892 fax DATE: 11/15/2024
Expires: 2/13/2025
Quote SUBMITTED TO:
ALAMEDA COUNTY, CA
Alameda County Fire Departments
REF PROPOSAL
Item Unit Mfr Qty Description Part No. US List Unit QUOTE UNIT QUOTE EXT SL1 Ea USDD 1 G2 VOICEALERT - Single Station License. VA $ 1,102.50 $ 992.25 $ 992.25 SL2 Ea/Yr USDD 24 G2 MOBILE FSAS APP - Single Device License. Up to 24 Licenses-Per-ATX G2-APP-DLI $ 124.50 $ 112.05 No Charge Item Unit Mfr Qty Description Part No. US List Unit QUOTE UNIT QUOTE EXT SC1 Kit USDD 1
G2 ATX STATION CONTROLLER -
Power/Signal/Control up to 8 peripheral Remote
Options. 4 Unique Amps/Zones available.
ATX $ 23,272.50 $ 20,945.25 $ 20,945.25 SC4a Ea TBD 1 ATX UPS, Standard UPS-STD $ 988.00 $ 889.20 $ 889.20 SC4b Ea TBD 1 Shelf/Bracket, Wall-Mount for UPS UPS-WMB $ 75.00 $ 67.50 $ 67.50 Item Unit Mfr Qty Description Part No. US List Unit QUOTE UNIT QUOTE EXT SP2 Ea USDD 1 G2 COLOR INDICATOR REMOTE Module - Up to
8 unique colors CIR $ 949.00 $ 854.10 $ 854.10 SP3a Ea USDD 2 G2 HDTV REMOTE Module TVR $ 1,121.50 $ 1,009.35 $ 2,018.70 SP6 Ea USDD 3 Push Button, Emergency (Red) PB-R $ 126.50 $ 113.85 $ 341.55 SP7 Ea USDD 1 G2 MESSAGE REMOTE 2 Module MR2 $ 1,525.00 $ 1,372.50 $ 1,372.50 SP8b Ea USDD 2 G2 MESSAGE SIGN (Digital LED) STANDARD
GammaSign / 24" Active Screen Width MS-G-S $ 1,260.00 $ 1,134.00 $ 2,268.00 SP9b Ea USDD 1
MS-G Adapter Plate, DOUBLE, VESA 100, joins (2) MS-
G -S(or-E) to any standard mount with VESA 100 hole patterns (mount not included)
MS-AP-D $ 75.00 $ 67.50 $ 67.50 SP9d Ea TBD 1 MS Mount - Articulating, Long reach MS-MNT-ART-L $ 390.00 $ 351.00 $ 351.00 SP10a Ea USDD 5 G2 ROOM REMOTE 2 Module RR2 $ 2,167.00 $ 1,950.30 $ 9,751.50 SP11a Ea USDD 19 G2 SPEAKER - LED Illuminated - FLUSH Mount, 70v SPK-LED-FM $ 374.00 $ 336.60 $ 6,395.40 CA_ALCO002 v2 STATION-LEVEL
LIVERMORE FS09
Based from USDD G2 Fire Station Alerting System Design Drawing #USDD.CA_LVMR.ALL_STATIONS.2024.2.20pdf
STATION SYSTEM LICENSES
STATION SYSTEM CONTROLLER
STATION SYSTEM PERIPHERAL COMPONENTS
PROPRIETARY and CONFIDENTIAL LIVERMORE 09 SYSTEM Page 83 of 98
EXHIBIT A
425
SP12a Ea USDD 1 G2 SPEAKER - OmniAlertStrobe SPK-OAS $ 1,050.00 $ 945.00 $ 945.00 SP14 Ea USDD 2 SPEAKER - APP BAY/OUTDOOR - Weatherized, Surface Mount, 70v SPK-W-SM $ 373.75 $ 336.38 $ 672.75 SP15 Ea USDD 1 G2 Strobe Light / Red LED STR $ 661.50 $ 595.35 $ 595.35 SP17 Ea USDD 1
VIDEO DOOR STATION - Doorbell & Camera that
ties into G2 FSAS (HDTV Remote) - Includes
Power Injector
VDS $ 2,040.00 $ 1,836.00 $ 1,836.00 Item Unit Mfr Qty Description Part No. US List Unit QUOTE UNIT QUOTE EXT SS1 Ea USDD 1 Station Installation by: Tech Electric, Bob McCabe; [email protected] ST-INST $ 53,161.53 $ 47,845.37 $ 47,845.37 SS3 Ea USDD 1 Station Configuration & Start-Up ST-SU $ 1,666.67 $ 1,500.00 $ 1,500.00 SS4 Ea USDD 1 Station Project Management ST-PM $ 13,989.88 $ 12,590.89 $ 12,590.89 SS5 Ea USDD 1 Station Engineering / Design Services ST-ES $ 333.33 $ 300.00 $ 300.00 SS6 Ea USDD 1 Station Documentation ST-DM $ 44.44 $ 40.00 $ 40.00 Item Unit Mfr Qty Description Part No. US List Unit QUOTE UNIT QUOTE EXT SW1 YR USDD 1.0
[STANDARD] 1st YEAR WARRANTY &
SUPPORT FOR THIS STATION SYSTEM (or
component): Telephone / Remote Access Support
(8:00 AM - 5:00 PM MST)
RS-1YR-STD $ 5,595.95 $ 5,036.36 No Charge SW2 YR USDD 1.0
[STANDARD] EACH ADDITIONAL YEAR (12-
Months) WARRANTY & SUPPORT FOR THIS
STATION SYSTEM (or Component): Telephone /
Remote Access Support (8:00 AM - 5:00 PM MST)
IF QUANTITY '0' THEN NO ADDITIONAL
SUPPORT IS ASSUMED OR AUTHORIZED
BEYOND INITIAL WARRANTY PERIOD
RS-AYR-STD $ 5,595.95 $ 5,036.36 $ 5,036.36 112,639.81$
1,022.00$
5,036.36$
5,162.26$
123,860.43$
Shipping:
Warranty & Support:
Estimated Taxes:
STATION SUBTOTAL:
STATION SYSTEM WARRANTY & OPTIONAL RECURRING ANNUAL SUPPORT LIVERMORE FS09 System:
STATION SYSTEM SERVICES
PROPRIETARY and CONFIDENTIAL LIVERMORE 09 SYSTEM Page 84 of 98
EXHIBIT A
426
US DIGITAL DESIGNS QUOTE
1835 E. Sixth St. Suite #27
Tempe, Arizona 85281
877-551-8733 tel 480-290-7892 fax DATE: 11/15/2024
Expires: 2/13/2025
Quote SUBMITTED TO:
ALAMEDA COUNTY, CA
Alameda County Fire Departments
REF PROPOSAL
Item Unit Mfr Qty Description Part No. US List Unit QUOTE UNIT QUOTE EXT SL1 Ea USDD 1 G2 VOICEALERT - Single Station License. VA $ 1,102.50 $ 992.25 $ 992.25 SL2 Ea/Yr USDD 24 G2 MOBILE FSAS APP - Single Device License. Up to 24 Licenses-Per-ATX G2-APP-DLI $ 124.50 $ 112.05 No Charge Item Unit Mfr Qty Description Part No. US List Unit QUOTE UNIT QUOTE EXT SC1 Kit USDD 1
G2 ATX STATION CONTROLLER -
Power/Signal/Control up to 8 peripheral Remote
Options. 4 Unique Amps/Zones available.
ATX $ 23,272.50 $ 20,945.25 $ 20,945.25 SC4a Ea TBD 1 ATX UPS, Standard UPS-STD $ 988.00 $ 889.20 $ 889.20 SC4b Ea TBD 1 Shelf/Bracket, Wall-Mount for UPS UPS-WMB $ 75.00 $ 67.50 $ 67.50 Item Unit Mfr Qty Description Part No. US List Unit QUOTE UNIT QUOTE EXT SP2 Ea USDD 1 G2 COLOR INDICATOR REMOTE Module - Up to
8 unique colors CIR $ 949.00 $ 854.10 $ 854.10 SP3a Ea USDD 2 G2 HDTV REMOTE Module TVR $ 1,121.50 $ 1,009.35 $ 2,018.70 SP6 Ea USDD 2 Push Button, Emergency (Red) PB-R $ 126.50 $ 113.85 $ 227.70 SP7 Ea USDD 1 G2 MESSAGE REMOTE 2 Module MR2 $ 1,525.00 $ 1,372.50 $ 1,372.50 SP8b Ea USDD 2 G2 MESSAGE SIGN (Digital LED) STANDARD
GammaSign / 24" Active Screen Width MS-G-S $ 1,260.00 $ 1,134.00 $ 2,268.00 SP9b Ea USDD 1
MS-G Adapter Plate, DOUBLE, VESA 100, joins (2) MS-
G -S(or-E) to any standard mount with VESA 100 hole patterns (mount not included)
MS-AP-D $ 75.00 $ 67.50 $ 67.50 SP9d Ea TBD 1 MS Mount - Articulating, Long reach MS-MNT-ART-L $ 390.00 $ 351.00 $ 351.00 SP10a Ea USDD 4 G2 ROOM REMOTE 2 Module RR2 $ 2,167.00 $ 1,950.30 $ 7,801.20 SP11a Ea USDD 12 G2 SPEAKER - LED Illuminated - FLUSH Mount, 70v SPK-LED-FM $ 374.00 $ 336.60 $ 4,039.20 CA_ALCO002 v2 STATION-LEVEL
LIVERMORE FS10
Based from USDD G2 Fire Station Alerting System Design Drawing #USDD.CA_LVMR.ALL_STATIONS.2024.2.20pdf
STATION SYSTEM LICENSES
STATION SYSTEM CONTROLLER
STATION SYSTEM PERIPHERAL COMPONENTS
PROPRIETARY and CONFIDENTIAL LIVERMORE 10 SYSTEM Page 85 of 98
EXHIBIT A
427
SP12a Ea USDD 1 G2 SPEAKER - OmniAlertStrobe SPK-OAS $ 1,050.00 $ 945.00 $ 945.00 SP14 Ea USDD 1 SPEAKER - APP BAY/OUTDOOR - Weatherized, Surface Mount, 70v SPK-W-SM $ 373.75 $ 336.38 $ 336.38 SP15 Ea USDD 1 G2 Strobe Light / Red LED STR $ 661.50 $ 595.35 $ 595.35 SP17 Ea USDD 1
VIDEO DOOR STATION - Doorbell & Camera that
ties into G2 FSAS (HDTV Remote) - Includes
Power Injector
VDS $ 2,040.00 $ 1,836.00 $ 1,836.00 Item Unit Mfr Qty Description Part No. US List Unit QUOTE UNIT QUOTE EXT SS1 Ea USDD 1 Station Installation by: Tech Electric, Bob McCabe; [email protected] ST-INST $ 48,140.54 $ 43,326.48 $ 43,326.48 SS3 Ea USDD 1 Station Configuration & Start-Up ST-SU $ 1,666.67 $ 1,500.00 $ 1,500.00 SS4 Ea USDD 1 Station Project Management ST-PM $ 12,668.56 $ 11,401.71 $ 11,401.71 SS5 Ea USDD 1 Station Engineering / Design Services ST-ES $ 333.33 $ 300.00 $ 300.00 SS6 Ea USDD 1 Station Documentation ST-DM $ 44.44 $ 40.00 $ 40.00 Item Unit Mfr Qty Description Part No. US List Unit QUOTE UNIT QUOTE EXT SW1 YR USDD 1.0
[STANDARD] 1st YEAR WARRANTY &
SUPPORT FOR THIS STATION SYSTEM (or
component): Telephone / Remote Access Support
(8:00 AM - 5:00 PM MST)
RS-1YR-STD $ 5,067.43 $ 4,560.68 No Charge SW2 YR USDD 1.0
[STANDARD] EACH ADDITIONAL YEAR (12-
Months) WARRANTY & SUPPORT FOR THIS
STATION SYSTEM (or Component): Telephone /
Remote Access Support (8:00 AM - 5:00 PM MST)
IF QUANTITY '0' THEN NO ADDITIONAL
SUPPORT IS ASSUMED OR AUTHORIZED
BEYOND INITIAL WARRANTY PERIOD
RS-AYR-STD $ 5,067.43 $ 4,560.68 $ 4,560.68 102,175.02$
858.00$
4,560.68$
4,674.70$
112,268.40$
Shipping:
Warranty & Support:
Estimated Taxes:
STATION SUBTOTAL:
STATION SYSTEM WARRANTY & OPTIONAL RECURRING ANNUAL SUPPORT LIVERMORE FS10 System:
STATION SYSTEM SERVICES
PROPRIETARY and CONFIDENTIAL LIVERMORE 10 SYSTEM Page 86 of 98
EXHIBIT A
428
ATTACHMENT B
Station Layouts
EXHIBIT A
429
USDD.CA_LVMR.FS06.FSA-AZ17LTG5L30J3.DWG
design by
A B C D
4 3
2 1
4 2
1 A B C D
3 project
building
filename
date
T H I S D O C U M E N T
CONTAINS CONFIDENTIAL
A N D P R O P R I E T A R Y
INFORMATION WHICH IS
THE EXCLUSIVE PROPERTY
OF US DIGITAL DESIGNS,
I N C . R E P R O D U C T I O N ,
DISTRIBUTION OR USE BY
OTHERS, IN WHOLE OR IN
PART, IS NOT PERMITTED
WITHOUT THE WRITTEN
AUTHORIZATION FROM US
DIGITAL DESIGNS, INC.
PoE = G2 ATX Power-over-Ethernet (PoE) ports 1...8 and G2 Expansion Module ports 1...12 A.n = G2 ATX Amplifier 1...4 EA.n = G2 External Amplifier 1...n CH.n = G2 Message Remote 2 Channel 1 or 2 2/20/2024 - 12:48PM
SYMBOL DESCRIPTION
G2 I/O REMOTE
PUSH BUTTON - RED
G2 STROBE LIGHT
SPEAKER,
WEATHER-PROOF
SPEAKER, FLUSH
MOUNT
SPEAKER, METAL
BOX
G2 LED SPEAKER,
FLUSH MOUNT
G2 LED SPEAKER,
METAL BOX
OEM TRANSFORMER
G2 HDTV REMOTE
G2 COLOR
INDICATOR REMOTE
OEM FLAT PANEL
MONITOR, XX", WITH
MOUNT
G2 MESSAGE SIGN
(STANDARD 24")
VOLUME CONTROL
(CUSTOMER SUPPLIED)
G2 ROOM REMOTE 2
ARTICULATING ARM
MOUNT - LONG
ADAPTER PLATE
DOUBLE
PUSH BUTTON - BLACK
G2 OMNIALERT
STROBE SPEAKER
G2 MESSAGE SIGN
(MINI 12")
G2 MESSAGE SIGN
(EXTENDED 36")
ADAPTER PLATE
SINGLE
G2 MESSAGE
REMOTE 2
G2 ATX
STATION CONTROLLER
G2 EXPANSION
MODULE
G2-UNINTERRUPTIBLE
POWER SUPPLY
OEM AMPLIFIER
SYMBOL DESCRIPTION
TVR
PB
BLACK
PB
RED
CIR
STR
ATX
I/O
T
UPS
AMP
MR2
EXP
RR2
S
S
S
ADS
MSE
MSML
MSS
MSM
VC
S
S
ADP
MSML
S
LAR G2 LOCAL AREA
REMOTE
FPD MOUNT
FPM - XX"
address
END-USER APPROVES STATION
DESIGN FOR PURPOSES OF
OBTAINING QUOTE.
INSTALLER CONFIRMS DESIGN
ALIGNS WITH SITE CONDITIONS.
(SPEAKER MOUNTING TYPE, ATX
LOCATION ETC.)
SIGNATURE REQUIRED
G2 VIDEO DOOR
STATION
VDS
LIVERMORE-PLEASANTON FIRE DEPT, CA (ALAMEDA COUNTY)
LAPFS06
4550 EAST AVE LIVERMORE, CA
DWK
NOTES:
1. SEE ARCHITECTURAL SPECIFICATIONS FOR ALL ROUGH-IN AND INSTALLATION DETAILS.
2. US DIGITAL DESIGNS DOES NOT SUPPLY BACK BOXES, CONDUITS, OR MOUNTING FASTENERS.
3. PHOENIX G2 SYSTEM IS ABLE TO SIGNAL OWNER-FURBISHED SYSTEMS, (EXHAUST, LIGHT, GAS SHUT OFF, ETC.) BUT USDD DOES NOT SUPPLY THESE SYSTEMS AND CANNOT WARRANT OR SUPPORT ANY OF THEIR PERFORMANCE BEYOND THE TRANSMISSION OF RELAY SIGNAL TO THEM.
4. US DIGITAL DESIGNS FIRE STATION ALERTING PLANS ARE DIAGRAMMATIC AND FOR QUOTING PURPOSES ONLY. DRAWING MAY NOT BE TO SCALE.
INSTALLER NOTES:
1. INSTALLER TO VERIFY WALL AND CEILING TYPE TO DETERMINE NEED FOR FLUSH OR SURFACE MOUNT INSTALLATION OF EQUIPMENT SPECIFIED.
2. INSTALLER TO COORDINATE CONNECTION BETWEEN ATX STATION CONTROLLER’S LINE-LEVEL AUDIO OUTPUT AND (EXISTING) OWNER-FURBISHED HOUSE AUDIO SYSTEM (AMP). (IF APPLICABLE)
3. INSTALLER TO PROVIDE CAT6 & 18/4 CABLES FROM ATX CONTROLLER TO CUSTOMER'S STATION RADIO FOR BACKUP.
4. INSTALLER TO PROVIDE CAT6 CABLE FROM ATX CONTROLLER WAN OUTPUT TO CUSTOMER'S IN-STATION NETWORK.
5. INSTALLER TO COORDINATE CONNECTION BETWEEN EXISTING STATION LIGHTING CONTROL SYSTEM AND RELAY OUTPUT FROM ATX STATION CONTROLLER OR I/O REMOTE WITH OWNER. (IF APPLICABLE)
6. VOLUME CONTROL TO BE PROVIDED BY OWNER OR INSTALLER IF SHOWN ON DRAWING.
7. INSTALLER TO VERIFY AND CONSIDER LOCATION(S) OF NETWORK AND RADIO CONNECTIONS.
S
TO MR2 BY ATX
VDSS
TVR
TO ATX SWITCH ONLY
TVR
TO ATX SWITCH ONLY
CIR
PoE
VDS
VIDEO DOORBELL
VIDEO DOORBELLA.4
S
A.4
RR2
PoE
RR2
RR2
RR2
RR2RR2
RR2
PoE
PoE
ATX
UPS
MR2
MR2-A PoE
S
S
S
S
S
S
S
S S
S S
S
SS
S
S
S
S
STR
S
S
A.2
A.3
A.1
A.1
PB
RED
EMERGENCY ALERT
EMERGENCY ALERT
PB
RED
Count Name
1 G2 ATX STATION CONTROLLER
1 G2 COLOR INDICATOR REMOTE
2 G2 HDTV REMOTE
20 G2 LED SPEAKER (G2-LVL-HC-70)
1 G2 MESSAGE REMOTE 2
1 G2 OMNISTROBE SPEAKER
1 G2 STROBE LIGHT
1 G2 UPS (G2-UPS)
2 PUSH BUTTON (RED)
7 ROOM REMOTE 2 (RR-2)
2 SPEAKER WEATHER-PROOF
2 VIDEO DOOR STATION
Count Name
5 G2 PoE PORT REQUIRED
EXHIBIT A
430
USDD.CA_LVMR.FS07.FSA-AZ17LTG5L30J3.DWG
design by
A B C D
4 3
2 1
4 2
1 A B C D
3 project
building
filename
date
T H I S D O C U M E N T
CONTAINS CONFIDENTIAL
A N D P R O P R I E T A R Y
INFORMATION WHICH IS
THE EXCLUSIVE PROPERTY
OF US DIGITAL DESIGNS,
I N C . R E P R O D U C T I O N ,
DISTRIBUTION OR USE BY
OTHERS, IN WHOLE OR IN
PART, IS NOT PERMITTED
WITHOUT THE WRITTEN
AUTHORIZATION FROM US
DIGITAL DESIGNS, INC.
PoE = G2 ATX Power-over-Ethernet (PoE) ports 1...8 and G2 Expansion Module ports 1...12 A.n = G2 ATX Amplifier 1...4 EA.n = G2 External Amplifier 1...n CH.n = G2 Message Remote 2 Channel 1 or 2 2/20/2024 - 12:48PM
SYMBOL DESCRIPTION
G2 I/O REMOTE
PUSH BUTTON - RED
G2 STROBE LIGHT
SPEAKER,
WEATHER-PROOF
SPEAKER, FLUSH
MOUNT
SPEAKER, METAL
BOX
G2 LED SPEAKER,
FLUSH MOUNT
G2 LED SPEAKER,
METAL BOX
OEM TRANSFORMER
G2 HDTV REMOTE
G2 COLOR
INDICATOR REMOTE
OEM FLAT PANEL
MONITOR, XX", WITH
MOUNT
G2 MESSAGE SIGN
(STANDARD 24")
VOLUME CONTROL
(CUSTOMER SUPPLIED)
G2 ROOM REMOTE 2
ARTICULATING ARM
MOUNT - LONG
ADAPTER PLATE
DOUBLE
PUSH BUTTON - BLACK
G2 OMNIALERT
STROBE SPEAKER
G2 MESSAGE SIGN
(MINI 12")
G2 MESSAGE SIGN
(EXTENDED 36")
ADAPTER PLATE
SINGLE
G2 MESSAGE
REMOTE 2
G2 ATX
STATION CONTROLLER
G2 EXPANSION
MODULE
G2-UNINTERRUPTIBLE
POWER SUPPLY
OEM AMPLIFIER
SYMBOL DESCRIPTION
TVR
PB
BLACK
PB
RED
CIR
STR
ATX
I/O
T
UPS
AMP
MR2
EXP
RR2
S
S
S
ADS
MSE
MSML
MSS
MSM
VC
S
S
ADP
MSML
S
LAR G2 LOCAL AREA
REMOTE
FPD MOUNT
FPM - XX"
address
END-USER APPROVES STATION
DESIGN FOR PURPOSES OF
OBTAINING QUOTE.
INSTALLER CONFIRMS DESIGN
ALIGNS WITH SITE CONDITIONS.
(SPEAKER MOUNTING TYPE, ATX
LOCATION ETC.)
SIGNATURE REQUIRED
G2 VIDEO DOOR
STATION
VDS
LIVEMORE-PLEASANTON FIRE DEPT, CA (ALAMEDA COUNTY)
LAPFS07
951 RINCON AVE, LIVEMORE CA
DWK
NOTES:
1. SEE ARCHITECTURAL SPECIFICATIONS FOR ALL ROUGH-IN AND INSTALLATION DETAILS.
2. US DIGITAL DESIGNS DOES NOT SUPPLY BACK BOXES, CONDUITS, OR MOUNTING FASTENERS.
3. PHOENIX G2 SYSTEM IS ABLE TO SIGNAL OWNER-FURBISHED SYSTEMS, (EXHAUST, LIGHT, GAS SHUT OFF, ETC.) BUT USDD DOES NOT SUPPLY THESE SYSTEMS AND CANNOT WARRANT OR SUPPORT ANY OF THEIR PERFORMANCE BEYOND THE TRANSMISSION OF RELAY SIGNAL TO THEM.
4. US DIGITAL DESIGNS FIRE STATION ALERTING PLANS ARE DIAGRAMMATIC AND FOR QUOTING PURPOSES ONLY. DRAWING MAY NOT BE TO SCALE.
INSTALLER NOTES:
1. INSTALLER TO VERIFY WALL AND CEILING TYPE TO DETERMINE NEED FOR FLUSH OR SURFACE MOUNT INSTALLATION OF EQUIPMENT SPECIFIED.
2. INSTALLER TO COORDINATE CONNECTION BETWEEN ATX STATION CONTROLLER’S LINE-LEVEL AUDIO OUTPUT AND (EXISTING) OWNER-FURBISHED HOUSE AUDIO SYSTEM (AMP). (IF APPLICABLE)
3. INSTALLER TO PROVIDE CAT6 & 18/4 CABLES FROM ATX CONTROLLER TO CUSTOMER'S STATION RADIO FOR BACKUP.
4. INSTALLER TO PROVIDE CAT6 CABLE FROM ATX CONTROLLER WAN OUTPUT TO CUSTOMER'S IN-STATION NETWORK.
5. INSTALLER TO COORDINATE CONNECTION BETWEEN EXISTING STATION LIGHTING CONTROL SYSTEM AND RELAY OUTPUT FROM ATX STATION CONTROLLER OR I/O REMOTE WITH OWNER. (IF APPLICABLE)
6. VOLUME CONTROL TO BE PROVIDED BY OWNER OR INSTALLER IF SHOWN ON DRAWING.
7. INSTALLER TO VERIFY AND CONSIDER LOCATION(S) OF NETWORK AND RADIO CONNECTIONS.
S
TO MR2 BY ATX
PoE
PoEPoE
PoE
PoE
TVR
TO ATX SWITCH ONLY
S S
S
S
S
S
S
SSS
S
S
S S S S S
RR2
RR2RR2RR2
RR2
RR2
RR2
RR2
STR
A.2
S
S
S
A.1
PB
RED
EMERGENCY ALERT
PB
RED
PB
RED
ATX
UPS
MR2
MR2-A PoE
ADP
MSML
MSS
MSS
PoE
TVR
TO ATX SWITCH ONLY
CIR
PoE
Count Name
1 G2 ATX STATION CONTROLLER
1 G2 COLOR INDICATOR REMOTE
2 G2 HDTV REMOTE
20 G2 LED SPEAKER (G2-LVL-HC-70)
1 G2 MESSAGE REMOTE 2
2 G2 MESSAGE SIGN STANDARD (MS-G2-S)
1 G2 MS ADAPTOR PLATE DOUBLE (AP-D)
1 G2 OMNISTROBE SPEAKER
1 G2 STROBE LIGHT
1 G2 UPS (G2-UPS)
1 MS-MNT-ART-L
3 PUSH BUTTON (RED)
8 ROOM REMOTE 2 (RR-2)
Count Name
8 G2 PoE PORT REQUIRED
EXHIBIT A
431
USDD.CA_LVMR.FS08.FSA.DWG
design by
A B C D
4 3
2 1
4 2
1 A B C D
3 project
building
filename
date
T H I S D O C U M E N T
CONTAINS CONFIDENTIAL
A N D P R O P R I E T A R Y
INFORMATION WHICH IS
THE EXCLUSIVE PROPERTY
OF US DIGITAL DESIGNS,
I N C . R E P R O D U C T I O N ,
DISTRIBUTION OR USE BY
OTHERS, IN WHOLE OR IN
PART, IS NOT PERMITTED
WITHOUT THE WRITTEN
AUTHORIZATION FROM US
DIGITAL DESIGNS, INC.
PoE = G2 ATX Power-over-Ethernet (PoE) ports 1...8 and G2 Expansion Module ports 1...12 A.n = G2 ATX Amplifier 1...4 EA.n = G2 External Amplifier 1...n CH.n = G2 Message Remote 2 Channel 1 or 2 2/20/2024 - 12:49PM
SYMBOL DESCRIPTION
G2 I/O REMOTE
PUSH BUTTON - RED
G2 STROBE LIGHT
SPEAKER,
WEATHER-PROOF
SPEAKER, FLUSH
MOUNT
SPEAKER, METAL
BOX
G2 LED SPEAKER,
FLUSH MOUNT
G2 LED SPEAKER,
METAL BOX
OEM TRANSFORMER
G2 HDTV REMOTE
G2 COLOR
INDICATOR REMOTE
OEM FLAT PANEL
MONITOR, XX", WITH
MOUNT
G2 MESSAGE SIGN
(STANDARD 24")
VOLUME CONTROL
(CUSTOMER SUPPLIED)
G2 ROOM REMOTE 2
ARTICULATING ARM
MOUNT - LONG
ADAPTER PLATE
DOUBLE
PUSH BUTTON - BLACK
G2 OMNIALERT
STROBE SPEAKER
G2 MESSAGE SIGN
(MINI 12")
G2 MESSAGE SIGN
(EXTENDED 36")
ADAPTER PLATE
SINGLE
G2 MESSAGE
REMOTE 2
G2 ATX
STATION CONTROLLER
G2 EXPANSION
MODULE
G2-UNINTERRUPTIBLE
POWER SUPPLY
OEM AMPLIFIER
SYMBOL DESCRIPTION
TVR
PB
BLACK
PB
RED
CIR
STR
ATX
I/O
T
UPS
AMP
MR2
EXP
RR2
S
S
S
ADS
MSE
MSML
MSS
MSM
VC
S
S
ADP
MSML
S
LAR G2 LOCAL AREA
REMOTE
FPD MOUNT
FPM - XX"
address
END-USER APPROVES STATION
DESIGN FOR PURPOSES OF
OBTAINING QUOTE.
INSTALLER CONFIRMS DESIGN
ALIGNS WITH SITE CONDITIONS.
(SPEAKER MOUNTING TYPE, ATX
LOCATION ETC.)
SIGNATURE REQUIRED
G2 VIDEO DOOR
STATION
VDS
LIVERMORE-PLEASANTON FIRE DEPT, CA (ALAMEDA COUNTY)
LAPFS08
5750 SCENIC DR. LIVERMORE, CA
DWK
NOTES:
1. SEE ARCHITECTURAL SPECIFICATIONS FOR ALL ROUGH-IN AND INSTALLATION DETAILS.
2. US DIGITAL DESIGNS DOES NOT SUPPLY BACK BOXES, CONDUITS, OR MOUNTING FASTENERS.
3. PHOENIX G2 SYSTEM IS ABLE TO SIGNAL OWNER-FURBISHED SYSTEMS, (EXHAUST, LIGHT, GAS SHUT OFF, ETC.) BUT USDD DOES NOT SUPPLY THESE SYSTEMS AND CANNOT WARRANT OR SUPPORT ANY OF THEIR PERFORMANCE BEYOND THE TRANSMISSION OF RELAY SIGNAL TO THEM.
4. US DIGITAL DESIGNS FIRE STATION ALERTING PLANS ARE DIAGRAMMATIC AND FOR QUOTING PURPOSES ONLY. DRAWING MAY NOT BE TO SCALE.
INSTALLER NOTES:
1. INSTALLER TO VERIFY WALL AND CEILING TYPE TO DETERMINE NEED FOR FLUSH OR SURFACE MOUNT INSTALLATION OF EQUIPMENT SPECIFIED.
2. INSTALLER TO COORDINATE CONNECTION BETWEEN ATX STATION CONTROLLER’S LINE-LEVEL AUDIO OUTPUT AND (EXISTING) OWNER-FURBISHED HOUSE AUDIO SYSTEM (AMP). (IF APPLICABLE)
3. INSTALLER TO PROVIDE CAT6 & 18/4 CABLES FROM ATX CONTROLLER TO CUSTOMER'S STATION RADIO FOR BACKUP.
4. INSTALLER TO PROVIDE CAT6 CABLE FROM ATX CONTROLLER WAN OUTPUT TO CUSTOMER'S IN-STATION NETWORK.
5. INSTALLER TO COORDINATE CONNECTION BETWEEN EXISTING STATION LIGHTING CONTROL SYSTEM AND RELAY OUTPUT FROM ATX STATION CONTROLLER OR I/O REMOTE WITH OWNER. (IF APPLICABLE)
6. VOLUME CONTROL TO BE PROVIDED BY OWNER OR INSTALLER IF SHOWN ON DRAWING.
7. INSTALLER TO VERIFY AND CONSIDER LOCATION(S) OF NETWORK AND RADIO CONNECTIONS.
S
TO MR2 BY ATX
TVR
TO ATX SWITCH ONLY
TVR
TO ATX SWITCH ONLY PoE
CIR
ADP
MSML
MSS
MSS
PoE
VDS
PB
RED
EMERGENCY ALERT
ATX
UPS
MR2
MR2-A PoE
PoE
PoE
PoE
A.1
A.2
A.1
S
VDS
S
A.4
A.4
VIDEO DOORBELL
VIDEO DOORBELL
S
S
S
S S
S
S
S
SS
S
S
S
S
S
S
STR
RR2
RR2
RR2
RR2
RR2
PB
RED
EMERGENCY ALERT
Count Name
1 G2 ATX STATION CONTROLLER
1 G2 COLOR INDICATOR REMOTE
2 G2 HDTV REMOTE
16 G2 LED SPEAKER (G2-LVL-HC-70)
1 G2 MESSAGE REMOTE 2
2 G2 MESSAGE SIGN STANDARD (MS-G2-S)
1 G2 MS ADAPTOR PLATE DOUBLE (AP-D)
1 G2 OMNISTROBE SPEAKER
1 G2 STROBE LIGHT
1 G2 UPS (G2-UPS)
1 MS-MNT-ART-L
2 PUSH BUTTON (RED)
5 ROOM REMOTE 2 (RR-2)
2 SPEAKER WEATHER-PROOF
2 VIDEO DOOR STATION
Count Name
6 G2 PoE PORT REQUIRED
EXHIBIT A
432
USDD.CA_LVMR.FS09.FSA.DWG
design by
A B C D
4 3
2 1
4 2
1 A B C D
3 project
building
filename
date
T H I S D O C U M E N T
CONTAINS CONFIDENTIAL
A N D P R O P R I E T A R Y
INFORMATION WHICH IS
THE EXCLUSIVE PROPERTY
OF US DIGITAL DESIGNS,
I N C . R E P R O D U C T I O N ,
DISTRIBUTION OR USE BY
OTHERS, IN WHOLE OR IN
PART, IS NOT PERMITTED
WITHOUT THE WRITTEN
AUTHORIZATION FROM US
DIGITAL DESIGNS, INC.
PoE = G2 ATX Power-over-Ethernet (PoE) ports 1...8 and G2 Expansion Module ports 1...12 A.n = G2 ATX Amplifier 1...4 EA.n = G2 External Amplifier 1...n CH.n = G2 Message Remote 2 Channel 1 or 2 2/20/2024 - 12:49PM
SYMBOL DESCRIPTION
G2 I/O REMOTE
PUSH BUTTON - RED
G2 STROBE LIGHT
SPEAKER,
WEATHER-PROOF
SPEAKER, FLUSH
MOUNT
SPEAKER, METAL
BOX
G2 LED SPEAKER,
FLUSH MOUNT
G2 LED SPEAKER,
METAL BOX
OEM TRANSFORMER
G2 HDTV REMOTE
G2 COLOR
INDICATOR REMOTE
OEM FLAT PANEL
MONITOR, XX", WITH
MOUNT
G2 MESSAGE SIGN
(STANDARD 24")
VOLUME CONTROL
(CUSTOMER SUPPLIED)
G2 ROOM REMOTE 2
ARTICULATING ARM
MOUNT - LONG
ADAPTER PLATE
DOUBLE
PUSH BUTTON - BLACK
G2 OMNIALERT
STROBE SPEAKER
G2 MESSAGE SIGN
(MINI 12")
G2 MESSAGE SIGN
(EXTENDED 36")
ADAPTER PLATE
SINGLE
G2 MESSAGE
REMOTE 2
G2 ATX
STATION CONTROLLER
G2 EXPANSION
MODULE
G2-UNINTERRUPTIBLE
POWER SUPPLY
OEM AMPLIFIER
SYMBOL DESCRIPTION
TVR
PB
BLACK
PB
RED
CIR
STR
ATX
I/O
T
UPS
AMP
MR2
EXP
RR2
S
S
S
ADS
MSE
MSML
MSS
MSM
VC
S
S
ADP
MSML
S
LAR G2 LOCAL AREA
REMOTE
FPD MOUNT
FPM - XX"
address
END-USER APPROVES STATION
DESIGN FOR PURPOSES OF
OBTAINING QUOTE.
INSTALLER CONFIRMS DESIGN
ALIGNS WITH SITE CONDITIONS.
(SPEAKER MOUNTING TYPE, ATX
LOCATION ETC.)
SIGNATURE REQUIRED
G2 VIDEO DOOR
STATION
VDS
LIVERMORE-PLEASANTON FIRE DEPT, CA (ALAMEDA COUNTY)
LAPFS09
1919 CORDOBA ST, LIVERMORE
DWK
NOTES:
1. SEE ARCHITECTURAL SPECIFICATIONS FOR ALL ROUGH-IN AND INSTALLATION DETAILS.
2. US DIGITAL DESIGNS DOES NOT SUPPLY BACK BOXES, CONDUITS, OR MOUNTING FASTENERS.
3. PHOENIX G2 SYSTEM IS ABLE TO SIGNAL OWNER-FURBISHED SYSTEMS, (EXHAUST, LIGHT, GAS SHUT OFF, ETC.) BUT USDD DOES NOT SUPPLY THESE SYSTEMS AND CANNOT WARRANT OR SUPPORT ANY OF THEIR PERFORMANCE BEYOND THE TRANSMISSION OF RELAY SIGNAL TO THEM.
4. US DIGITAL DESIGNS FIRE STATION ALERTING PLANS ARE DIAGRAMMATIC AND FOR QUOTING PURPOSES ONLY. DRAWING MAY NOT BE TO SCALE.
INSTALLER NOTES:
1. INSTALLER TO VERIFY WALL AND CEILING TYPE TO DETERMINE NEED FOR FLUSH OR SURFACE MOUNT INSTALLATION OF EQUIPMENT SPECIFIED.
2. INSTALLER TO COORDINATE CONNECTION BETWEEN ATX STATION CONTROLLER’S LINE-LEVEL AUDIO OUTPUT AND (EXISTING) OWNER-FURBISHED HOUSE AUDIO SYSTEM (AMP). (IF APPLICABLE)
3. INSTALLER TO PROVIDE CAT6 & 18/4 CABLES FROM ATX CONTROLLER TO CUSTOMER'S STATION RADIO FOR BACKUP.
4. INSTALLER TO PROVIDE CAT6 CABLE FROM ATX CONTROLLER WAN OUTPUT TO CUSTOMER'S IN-STATION NETWORK.
5. INSTALLER TO COORDINATE CONNECTION BETWEEN EXISTING STATION LIGHTING CONTROL SYSTEM AND RELAY OUTPUT FROM ATX STATION CONTROLLER OR I/O REMOTE WITH OWNER. (IF APPLICABLE)
6. VOLUME CONTROL TO BE PROVIDED BY OWNER OR INSTALLER IF SHOWN ON DRAWING.
7. INSTALLER TO VERIFY AND CONSIDER LOCATION(S) OF NETWORK AND RADIO CONNECTIONS.
ATX
UPS
MR2
MR2-A PoE
RR2
RR2
PoE
RR2
RR2
PoE
VDS
PB
RED
PB
RED
PB
RED
S
TO MR2 BY ATX
EMERGENCY ALERT
EMERGENCY ALERTEMERGENCY ALERT
ADP
MSML
MSS
MSS
PoE
TVR
TO ATX SWITCH ONLY
TVR
TO ATX SWITCH ONLY
STR
PoE
CIR
A.2
A.1
A.1
S
S
S S S
S
S
S
S
S
S
S
S
S
S
S
S
S
S
RR2
PoE
VIDEO DOORBELL
A.3
S
A.4
S
A.4
Count Name
1 G2 ATX STATION CONTROLLER
1 G2 COLOR INDICATOR REMOTE
2 G2 HDTV REMOTE
19 G2 LED SPEAKER (G2-LVL-HC-70)
1 G2 MESSAGE REMOTE 2
2 G2 MESSAGE SIGN STANDARD (MS-G2-S)
1 G2 MS ADAPTOR PLATE DOUBLE (AP-D)
1 G2 OMNISTROBE SPEAKER
1 G2 STROBE LIGHT
1 G2 UPS (G2-UPS)
1 MS-MNT-ART-L
3 PUSH BUTTON (RED)
5 ROOM REMOTE 2 (RR-2)
2 SPEAKER WEATHER-PROOF
1 VIDEO DOOR STATION
Count Name
6 G2 PoE PORT REQUIRED
EXHIBIT A
433
USDD.CA_LVMR.FS10.FSA.DWG
design by
A B C D
4 3
2 1
4 2
1 A B C D
3 project
building
filename
date
T H I S D O C U M E N T
CONTAINS CONFIDENTIAL
A N D P R O P R I E T A R Y
INFORMATION WHICH IS
THE EXCLUSIVE PROPERTY
OF US DIGITAL DESIGNS,
I N C . R E P R O D U C T I O N ,
DISTRIBUTION OR USE BY
OTHERS, IN WHOLE OR IN
PART, IS NOT PERMITTED
WITHOUT THE WRITTEN
AUTHORIZATION FROM US
DIGITAL DESIGNS, INC.
PoE = G2 ATX Power-over-Ethernet (PoE) ports 1...8 and G2 Expansion Module ports 1...12 A.n = G2 ATX Amplifier 1...4 EA.n = G2 External Amplifier 1...n CH.n = G2 Message Remote 2 Channel 1 or 2 2/20/2024 - 12:49PM
SYMBOL DESCRIPTION
G2 I/O REMOTE
PUSH BUTTON - RED
G2 STROBE LIGHT
SPEAKER,
WEATHER-PROOF
SPEAKER, FLUSH
MOUNT
SPEAKER, METAL
BOX
G2 LED SPEAKER,
FLUSH MOUNT
G2 LED SPEAKER,
METAL BOX
OEM TRANSFORMER
G2 HDTV REMOTE
G2 COLOR
INDICATOR REMOTE
OEM FLAT PANEL
MONITOR, XX", WITH
MOUNT
G2 MESSAGE SIGN
(STANDARD 24")
VOLUME CONTROL
(CUSTOMER SUPPLIED)
G2 ROOM REMOTE 2
ARTICULATING ARM
MOUNT - LONG
ADAPTER PLATE
DOUBLE
PUSH BUTTON - BLACK
G2 OMNIALERT
STROBE SPEAKER
G2 MESSAGE SIGN
(MINI 12")
G2 MESSAGE SIGN
(EXTENDED 36")
ADAPTER PLATE
SINGLE
G2 MESSAGE
REMOTE 2
G2 ATX
STATION CONTROLLER
G2 EXPANSION
MODULE
G2-UNINTERRUPTIBLE
POWER SUPPLY
OEM AMPLIFIER
SYMBOL DESCRIPTION
TVR
PB
BLACK
PB
RED
CIR
STR
ATX
I/O
T
UPS
AMP
MR2
EXP
RR2
S
S
S
ADS
MSE
MSML
MSS
MSM
VC
S
S
ADP
MSML
S
LAR G2 LOCAL AREA
REMOTE
FPD MOUNT
FPM - XX"
address
END-USER APPROVES STATION
DESIGN FOR PURPOSES OF
OBTAINING QUOTE.
INSTALLER CONFIRMS DESIGN
ALIGNS WITH SITE CONDITIONS.
(SPEAKER MOUNTING TYPE, ATX
LOCATION ETC.)
SIGNATURE REQUIRED
G2 VIDEO DOOR
STATION
VDS
LIVERMORE-PLEASANTON FIRE DEPT, CA (ALAMEDA COUNTY)
LAPFS10
AIRWAY BLVD LIVERMORE CA
DWK
NOTES:
1. SEE ARCHITECTURAL SPECIFICATIONS FOR ALL ROUGH-IN AND INSTALLATION DETAILS.
2. US DIGITAL DESIGNS DOES NOT SUPPLY BACK BOXES, CONDUITS, OR MOUNTING FASTENERS.
3. PHOENIX G2 SYSTEM IS ABLE TO SIGNAL OWNER-FURBISHED SYSTEMS, (EXHAUST, LIGHT, GAS SHUT OFF, ETC.) BUT USDD DOES NOT SUPPLY THESE SYSTEMS AND CANNOT WARRANT OR SUPPORT ANY OF THEIR PERFORMANCE BEYOND THE TRANSMISSION OF RELAY SIGNAL TO THEM.
4. US DIGITAL DESIGNS FIRE STATION ALERTING PLANS ARE DIAGRAMMATIC AND FOR QUOTING PURPOSES ONLY. DRAWING MAY NOT BE TO SCALE.
INSTALLER NOTES:
1. INSTALLER TO VERIFY WALL AND CEILING TYPE TO DETERMINE NEED FOR FLUSH OR SURFACE MOUNT INSTALLATION OF EQUIPMENT SPECIFIED.
2. INSTALLER TO COORDINATE CONNECTION BETWEEN ATX STATION CONTROLLER’S LINE-LEVEL AUDIO OUTPUT AND (EXISTING) OWNER-FURBISHED HOUSE AUDIO SYSTEM (AMP). (IF APPLICABLE)
3. INSTALLER TO PROVIDE CAT6 & 18/4 CABLES FROM ATX CONTROLLER TO CUSTOMER'S STATION RADIO FOR BACKUP.
4. INSTALLER TO PROVIDE CAT6 CABLE FROM ATX CONTROLLER WAN OUTPUT TO CUSTOMER'S IN-STATION NETWORK.
5. INSTALLER TO COORDINATE CONNECTION BETWEEN EXISTING STATION LIGHTING CONTROL SYSTEM AND RELAY OUTPUT FROM ATX STATION CONTROLLER OR I/O REMOTE WITH OWNER. (IF APPLICABLE)
6. VOLUME CONTROL TO BE PROVIDED BY OWNER OR INSTALLER IF SHOWN ON DRAWING.
7. INSTALLER TO VERIFY AND CONSIDER LOCATION(S) OF NETWORK AND RADIO CONNECTIONS.
S
TO MR2 BY ATX
ADP
MSML
MSS
MSS
PoE
PB
RED
EMERGENCY ALERT
PB
RED
EMERGENCY ALERT
TVR
TO ATX SWITCH ONLY PoE
CIR
TVR
TO ATX SWITCH ONLY
ATX
UPS
MR2
MR2-A PoE
PoE
PoEPoE
MSM
PoE
A.1
A.1
A.2
VDS
VIDEO DOORBELL
SS
SS
S S S S
S
S
S
RR2
RR2RR2RR2
S
STR
S
A.4
Count Name
1 G2 ATX STATION CONTROLLER
1 G2 COLOR INDICATOR REMOTE
2 G2 HDTV REMOTE
12 G2 LED SPEAKER (G2-LVL-HC-70)
1 G2 MESSAGE REMOTE 2
1 G2 MESSAGE SIGN MINI (MS-G-M)
2 G2 MESSAGE SIGN STANDARD (MS-G2-S)
1 G2 MS ADAPTOR PLATE DOUBLE (AP-D)
1 G2 OMNISTROBE SPEAKER
1 G2 STROBE LIGHT
1 G2 UPS (G2-UPS)
1 MS-MNT-ART-L
2 PUSH BUTTON (RED)
4 ROOM REMOTE 2 (RR-2)
1 SPEAKER WEATHER-PROOF
1 VIDEO DOOR STATION
Count Name
7 G2 PoE PORT REQUIRED
EXHIBIT A
434
ATTACHMENT C
INSURANCE REQUIREMENTS
Minimum Scope and Limits of Insurance
ACFD and City shall maintain insurance limits of no less than:
1. Commercial General Liability, including operations, products, and completed operations, as applicable:
$3,000,000 per occurrence/$6,000,000 aggregate for bodily injury, personal injury, and property damage. If Commercial General Liability or other form of insurance with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit.
2. Automobile Liability:
$1,000,000 per accident for bodily injury and property damage.
3. Workers’ Compensation and Employer's Liability:
Statutory limits as required by the State of California including $1,000,000 Employers’ Liability per accident, per employee for bodily injury or disease. A waiver of subrogation is required for Workers’ Compensation insurance.
4. Professional Liability/Errors and Omissions:
$1,000,000 per claim. Each Party warrants that any retroactive date under this policy shall precede the effective date of this contract and, either continuous coverage will be maintained, or an extended discovery period will be exercised for a period of two years beginning at the time work under this contract is completed.
Deductibles and Self-Insured Retention
All self-insured retentions (SIR) must be disclosed to the other Party for approval and shall not reduce the limits of liability. Policies containing any self-insured retention (SIR) provision shall provide, or be endorsed to provide, that the SIR may be satisfied by either the named insured or the other Party. Each Party reserves the right to obtain a full certified copy of any insurance policy and endorsements. Failure to exercise this right shall not constitute a waiver of right to exercise later.
Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best rating of no less than A:
VII and accepted to do business in the State of California, unless otherwise acceptable to each Party. The Parties recognize that the other Party may be self-insured.
Other Insurance Provisions
The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions:
1. The other Party (ACFD or City of Livermore), its officers, officials, employees, and designated volunteers are to be covered as additional
EXHIBIT A
435
insureds as respects: liability arising out of activities performed by or on behalf of each Party (City of Livermore or ACFD); or automobiles owned, leased, hired or borrowed by each Party. The coverage shall contain no special limitations on the scope of protection afforded to the other Party, its officers, officials, employees, or volunteers.
2. The limits of insurance required in this agreement may be satisfied by a combination of primary and umbrella or excess insurance. The additional insured coverage under each Party’s policy shall be primary and non- contributory and will not seek contribution from the other Party’s insurance or self-insurance and shall be at least as broad as ISO Form CG 20 10 04 13. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of the other Party before a Party’s own insurance or self-insurance shall be called upon to protect it as a named insured.
3. Any failure to comply with reporting or other provisions of the policy, including breaches of warranties, shall not affect coverage provided to the the other Party, its officers, officials, employees, or volunteers.
4. Each Party’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability.
5. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be canceled by either party before expiration of the policy unless notice is delivered in accordance with policy provisions.
6. It shall be a requirement under this agreement that any available insurance proceeds broader than, or in excess of, the specified minimum insurance coverage requirements and/or limits shall be available to the additional insured. Furthermore, the requirements for coverage and limits shall be (1) the minimum coverage and limits specified in this agreement; or (2) the broader coverage and maximum limits of coverage of any insurance policy or proceeds available to the named Insured; whichever is greater.
7. As to ACFD, the Certificate Holder section of the insurance certificate should read: City of Livermore, 1052 S. Livermore Avenue, Livermore, CA 94550.
8. As to the City of Livermore, the Certificate Holder section of the insurance certificate should read: Alameda County Fire Department, 6363 Clark Ave Dublin, CA 94568.
Verification of Coverage
Each Party shall furnish certificates of insurance and endorsement(s) effecting coverage to the other Party for approval. The endorsements shall be on forms acceptable to the other Party. All certificates and endorsements are to be received and approved by the other Party before work commences. Each Party reserves the right to require complete and certified copies of all insurance policies required by this Agreement.
EXHIBIT A
436
CITY COUNCIL STAFF REPORT
ITEM NO. 5.11
DATE:
April 14, 2025
TO:
Honorable Mayor and City Council
FROM:
Tina Olson, Administrative Services Director
SUBJECT:
Resolution accepting the Single Audit Report related to federal grants for the Fiscal Year Ending June 30, 2024.
RECOMMENDED ACTION
Staff recommends the City Council adopt a resolution accepting the Single Audit Report for Fiscal Year 2023-24 as completed.
SUMMARY
The Single Audit Report which contains the Auditor’s Opinion, for the fiscal year ending June 30, 2024, is complete and ready for City Council acceptance. The Single Audit Report is required of each local government expending $750,000 or more in Federal awards.
DISCUSSION
The audited Annual Comprehensive Financial Report (ACFR) and other required audit compliance reports were presented to the City Council on February 10, 2025, in accordance with the Livermore Municipal Code §2.28.020 and Government Code §37208. The Single Audit was not presented at that time as it was still being completed. The Single Audit is required to be completed nine months after fiscal year end, which makes its deadline March 31, 2025. The Single Audit report was completed on March 28, 2025, and is now ready for review and acceptance by City Council.
The Single Audit report is required of each local government entity expending $750,000 or more in Federal awards. The Single Audit Act of 1984, as amended by the Office of Management and Budget (OMB) Guidance for Grants and Agreements in 2013, requires having an audit conducted in accordance with the 2 CFR (Code of Federal Regulations) Part 200. The City expended $1,513,903 in federal grant funds during the fiscal year that ended on June 30, 2024, and was therefore required to undergo a Single Audit. The total amount expended by each funding category is as follows:
Department of Energy - $144,230
Department of Housing and Urban Development - $1,004,346 437
Department of Homeland Security - $131,684
Department of Transportation - $198,701
U.S. Department of Justice - $34,942
The City’s auditors tested the following federal program for this year’s audit:
CDBG - Entitlement Grants Cluster
HOME Investment Partnership (HOME) program
A Single Audit Report includes two reports: (1) a Report on Internal Control over Financial Reporting and on Compliance and Other Matters based on an audit of financial statements performed in accordance with Government Auditing Standards; and (2) Report on Compliance for Each Major Federal Program; Report on Internal Control over Compliance in accordance with OMB Guidance 2 CFR Part 200; Report on Schedule of Expenditures of Federal Awards (SEFA). The auditors have issued an unqualified opinion with no findings on the Single Audit, however the report includes a summary of the Auditor's findings from the City's FY 2023-24 audited Annual Comprehensive Financial Report (ACFR), which had a finding regarding a restatement of the housing loans beginning balances. That finding did not change the Auditor's unmodified or clean opinion of the City's ACFR.
FISCAL AND ADMINISTRATIVE IMPACTS
There is no direct fiscal impact in accepting the FY 2023-24 audit reports. Total audit and report preparation costs of approximately $155,341 are within budget and are allocated to the General Fund, enterprise funds, Measure B funds, Measure BB funds and transportation funds as the audits and reports are completed. The total fee also includes preparation costs of certain reports not requiring City Council acceptance that are transmitted directly to the California State Controller, including the Special Districts Financial Transactions Report for the Livermore Capital Projects Financing Authority (LCPFA), the Cities Financial Transactions Report for the City of Livermore, and the Livermore Annual Streets and Roads Report.
COMMUNITY PILLAR
5: A City That Works
GOAL
17: Ensure effective use of public resources
ATTACHMENTS
1. Resolution
2. Exhibit A - Federal Awards Report in Accordance with Uniform Guidance
Prepared by: Erik Peterson
Finance Manager
438
Approved by:
____________________________________
Marianna A. Burch
City Manager
Fiscal Review by:
____________________________________
Tina Olson
Administrative Services Director
439
RESOLUTION NO. ________
IN THE CITY COUNCIL OF THE CITY OF LIVERMORE, CALIFORNIA
A RESOLUTION ACCEPTING THE SINGLE AUDIT REPORT RELATED
TO FEDERAL GRANTS FOR FISCAL YEAR 2023-24
At its meeting on April 14, 2025, the Single Audit Report for the fiscal year ended June 30, 2024, was presented to the City Council in accordance with Livermore Municipal Code section 2.28.020.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Livermore that it hereby:
1. Accepts the Single Audit Report for Fiscal Year 2023-24, attached hereto as Exhibit A.
On motion of Council Member _________________________, seconded by Council Member ________________________, the foregoing resolution was passed and adopted on April 14, 2025, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST: APPROVED AS TO FORM:
_____________________________ _______________________________ Deborah L. Elam Jason R. Alcala
City Clerk City Attorney
Exhibit A – (Single Audit Report) Federal Awards Report in Accordance with the Uniform Guidance
440
CITY OF LIVERMORE, CALIFORNIA
FEDERAL AWARDS REPORT
IN ACCORDANCE WITH THE
UNIFORM GUIDANCE
FOR THE YEAR ENDED
JUNE 30, 2024
EXHIBIT A
441
CITY OF LIVERMORE, CALIFORNIA
FEDERAL AWARDS REPORT IN ACCORDANCE WITH THE UNIFORM GUIDANCE
FOR THE YEAR ENDED
JUNE 30, 2024
TABLE OF CONTENTS
Page
Independent Auditor’s Report on Internal Control Over Financial Reporting and on Compliance and Other Matters Based on an Audit of Financial Statements Performed in Accordance with Government Auditing Standards ............................................................................................................................. 1
Independent Auditor’s Report on Compliance for Each Major Federal Program; Report on Internal Control Over Compliance; and Report on the Schedule of Expenditures of Federal Awards Required By Uniform Guidance .................................................................................................................................................... 3
Schedule of Expenditures of Federal Awards ............................................................................................................ 7
Notes to Schedule of Expenditures of Federal Awards ............................................................................................. 8
Schedule of Findings and Questioned Costs:
i. Summary of Auditor’s Results .............................................................................................................................. 9
ii. Financial Statement Findings ............................................................................................................................. 10
iii. Federal Award Findings and Questioned Costs ................................................................................................ 11
Schedule of Prior Audit Findings ............................................................................................................................. 12
EXHIBIT A
442
1 Independent Auditor’s Report on Internal Control over Financial Reporting and on Compliance and Other Matters Based on an Audit of Financial Statements Performed in Accordance with Government Auditing Standards
To Honorable Mayor and Members
of the City Council of the City of Livermore
Livermore, California
We have audited, in accordance with auditing standards generally accepted in the United States of America and the standards applicable to financial audits contained in Government Auditing Standards, issued by the Comptroller General of the United States (Government Auditing Standards), the financial statements of the governmental activities, the business-type activities, each major fund, and the aggregate remaining fund information of the City of Livermore (City), California, as of and for the year ended June 30, 2024, and the related notes to the financial statements, which collectively comprise City’s basic financial statements and have issued our report thereon date January 14, 2025.
Report on Internal Control over Financial Reporting
In planning and performing our audit of the financial statements, we considered the City's internal control over financial reporting (internal control) as a basis for designing audit procedures that are appropriate in the circumstances for the purpose of expressing our opinions on the financial statements, but not for the purpose of expressing an opinion on the effectiveness of the City’s internal control.
Accordingly, we do not express an opinion on the effectiveness of the City’s internal control.
A deficiency in internal control exists when the design or operation of a control does not allow management or employees, in the normal course of performing their assigned functions, to prevent, or detect and correct, misstatements on a timely basis. A material weakness is a deficiency, or a combination of deficiencies, in internal control, such that there is a reasonable possibility that a material misstatement of the entity’s financial statements will not be prevented, or detected and corrected on a timely basis. A significant deficiency is a deficiency, or a combination of deficiencies, in internal control that is less severe than a material weakness, yet important enough to merit attention by those charged with governance.
Our consideration of internal control was for the limited purpose described in the first paragraph of this section and was not designed to identify all deficiencies in internal control that might be material weaknesses or significant deficiencies and therefore, material weaknesses or significant deficiencies may exist that have not been identified. We identified a deficiency in internal control, described in the accompanying Schedule of Findings and Responses as items 2024-001 that we consider to be material weakness.
What inspires you, inspires us. | eidebailly.com
4040 Campbell Ave., Ste. 200 | Menlo Park, CA 94025-1053 | T 650.522.3400 | F 650.645.7393 | EOE
EXHIBIT A
443
2 Report on Compliance and Other Matters
As part of obtaining reasonable assurance about whether the City’s financial statements are free from material misstatement, we performed tests of its compliance with certain provisions of laws, regulations, contracts, and grant agreements, noncompliance with which could have a direct and material effect on the financial statements. However, providing an opinion on compliance with those provisions was not an objective of our audit, and accordingly, we do not express such an opinion. The results of our tests disclosed no instances of noncompliance or other matters that are required to be reported under Government Auditing Standards.
City’s Response to Findings
Government Auditing Standards requires the auditor to perform limited procedures on the City’s response to the finding identified in our audit and described in the accompanying Schedule of Findings and Responses. The City’s response was not subjected to the other auditing procedures applied in the audit of the financial statements and, accordingly, we express no opinion on the response.
Purpose of this Report
The purpose of this report is solely to describe the scope of our testing of internal control and compliance and the results of that testing, and not to provide an opinion on the effectiveness of the City’s internal control or on compliance. This report is an integral part of an audit performed in accordance with Government Auditing Standards in considering the City’s internal control and compliance. Accordingly, this communication is not suitable for any other purpose.
Menlo Park, California
January 14, 2025
EXHIBIT A
444
3 Independent Auditor’s Report on Compliance for Each Major Federal Program; Report on Internal Control Over Compliance; and Report on the Schedule of Expenditures of Federal Awards Required by the Uniform Guidance
To Honorable Mayor and Members
of the City Council of the City of Livermore
Livermore, California
Report on Compliance for Each Major Federal Program
Opinion on Each Major Federal Program
We have audited City of Livermore, California’s (City) compliance with the types of compliance requirements identified as subject to audit in the OMB Compliance Supplement that could have a direct and material effect on each of the City’s major federal programs for the year ended June 30, 2024. The City’s major federal programs are identified in the summary of auditor’s results section of the accompanying schedule of findings and questioned costs.
In our opinion, the City complied, in all material respects, with the compliance requirements referred to above that could have a direct and material effect on each of its major federal programs for the year ended June 30, 2024.
Basis for Opinion on Each Major Federal Program
We conducted our audit of compliance in accordance with auditing standards generally accepted in the United States of America (GAAS); the standards applicable to financial audits contained in Government Auditing Standards issued by the Comptroller General of the United States (Government Auditing Standards); and the audit requirements of Title 2 U.S. Code of Federal Regulations Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (Uniform Guidance). Our responsibilities under those standards and the Uniform Guidance are further described in the Auditor’s Responsibilities for the Audit of Compliance section of our report.
We are required to be independent of the City and to meet our other ethical responsibilities, in accordance with relevant ethical requirements relating to our audit. We believe that the audit evidence we have obtained is sufficient and appropriate to provide a basis for our opinion on compliance for each major federal program. Our audit does not provide a legal determination of the City’s compliance with the compliance requirements referred to above.
What inspires you, inspires us. | eidebailly.com
4040 Campbell Ave., Ste. 200 | Menlo Park, CA 94025-1053 | T 650.522.3400 | F 650.645.7393 | EOE
EXHIBIT A
445
4 Responsibilities of Management for Compliance
Management is responsible for compliance with the requirements referred to above and for the design, implementation, and maintenance of effective internal control over compliance with the requirements of laws, statutes, regulations, rules and provisions of contracts or grant agreements applicable to the City’s federal programs.
Auditor’s Responsibilities for the Audit of Compliance
Our objectives are to obtain reasonable assurance about whether material noncompliance with the compliance requirements referred to above occurred, whether due to fraud or error, and express an opinion on the City’s compliance based on our audit. Reasonable assurance is a high level of assurance but is not absolute assurance and therefore is not a guarantee that an audit conducted in accordance with GAAS, Government Auditing Standards, and the Uniform Guidance will always detect material noncompliance when it exists. The risk of not detecting material noncompliance resulting from fraud is higher than for that resulting from error, as fraud may involve collusion, forgery, intentional omissions, misrepresentations, or the override of internal control. Noncompliance with the compliance requirements referred to above is considered material, if there is a substantial likelihood that, individually or in the aggregate, it would influence the judgment made by a reasonable user of the report on compliance about the City’s compliance with the requirements of each major federal program as a whole.
In performing an audit in accordance with GAAS, Government Auditing Standards, and the Uniform Guidance, we:
• Exercise professional judgment and maintain professional skepticism throughout the audit. • Identify and assess the risks of material noncompliance, whether due to fraud or error, and design and perform audit procedures responsive to those risks. Such procedures include examining, on a test basis, evidence regarding the City’s compliance with the compliance requirements referred to above and performing such other procedures as we considered necessary in the circumstances.
• Obtain an understanding of the City’s internal control over compliance relevant to the audit in order to design audit procedures that are appropriate in the circumstances and to test and report on internal control over compliance in accordance with the Uniform Guidance, but not for the purpose of expressing an opinion on the effectiveness of the City’s internal control over compliance. Accordingly, no such opinion is expressed.
EXHIBIT A
446
5 We are required to communicate with those charged with governance regarding, among other matters, the planned scope and timing of the audit and any significant deficiencies and material weaknesses in internal control over compliance that we identified during the audit.
Report on Internal Control over Compliance
A deficiency in internal control over compliance exists when the design or operation of a control over compliance does not allow management or employees, in the normal course of performing their assigned functions, to prevent, or detect and correct, noncompliance with a type of compliance requirement of a federal program on a timely basis. A material weakness in internal control over compliance is a deficiency, or a combination of deficiencies, in internal control over compliance, such that there is a reasonable possibility that material noncompliance with a type of compliance requirement of a federal program will not be prevented, or detected and corrected, on a timely basis. A significant deficiency in internal control over compliance is a deficiency, or a combination of deficiencies, in internal control over compliance with a type of compliance requirement of a federal program that is less severe than a material weakness in internal control over compliance, yet important enough to merit attention by those charged with governance.
Our consideration of internal control over compliance was for the limited purpose described in the Auditor’s Responsibilities for the Audit of Compliance section above and was not designed to identify all deficiencies in internal control over compliance that might be material weaknesses or significant deficiencies in internal control over compliance. Given these limitations, during our audit we did not identify any deficiencies in internal control over compliance that we consider to be material weaknesses, as defined above. However, material weaknesses or significant deficiencies in internal control over compliance may exist that were not identified.
Our audit was not designed for the purpose of expressing an opinion on the effectiveness of internal control over compliance. Accordingly, no such opinion is expressed.
The purpose of this report on internal control over compliance is solely to describe the scope of our testing of internal control over compliance and the results of that testing based on the requirements of the Uniform Guidance. Accordingly, this report is not suitable for any other purpose.
EXHIBIT A
447
6 Report on Schedule of Expenditures of Federal Awards Required by the Uniform Guidance We have audited the financial statements of the governmental activities, the business-type activities, each major fund, and the aggregate remaining fund information of the City as of and for the year ended June 30, 2024, and the related notes to the financial statements, which collectively comprise the City’s basic financial statements. We issued our report thereon dated January 14, 2025, which contained unmodified opinions on those financial statements. Our audit was conducted for the purpose of forming opinions on the financial statements that collectively comprise the basic financial statements. The accompanying schedule of expenditures of federal awards is presented for purposes of additional analysis as required by the Uniform Guidance and is not a required part of the basic financial statements. Such information is the responsibility of management and was derived from and relates directly to the underlying accounting and other records used to prepare the basic financial statements.
The information has been subjected to the auditing procedures applied in the audit of the basic financial statements and certain additional procedures, including comparing and reconciling such information directly to the underlying accounting and other records used to prepare the basic financial statements or to the basic financial statements themselves, and other additional procedures in accordance with auditing standards generally accepted in the United States of America. In our opinion, the schedule of expenditures of federal awards is fairly stated in all material respects in relation to the basic financial statements as a whole.
Menlo Park, California
March 28, 2025
EXHIBIT A
448
CITY OF LIVERMORE, CALIFORNIA
SCHEDULE OF EXPENDITURES OF FEDERAL AWARDS
FOR THE YEAR ENDED JUNE 30, 2024
See accompanying notes to schedule of expenditures of federal awards. 7 Federal Pass-through Amount
Financial Entity Passed -
Federal Grantor/Pass-Through Grantor Assistance Identifying Federal Through to Program Title Listing Number Expenditures Subrecipients Department of Housing and Urban Development
CDBG-Entitlement Grants Cluster
Direct Grants
Community Development Block Grants/Entitlement Grants 14.218 596,836$ 151,321$ Total CDBG-Entitlement Grants Cluster 596,836 151,321 Passed through Alameda County Housing and Community Development Home Investment Partnerships Program 14.239 M20-DC060201 407,510 398,578 Total Department of Housing and Urban Development 1,004,346 549,899 U.S. Department of Justice
Direct Grants
Bulletproof Vest Partnership Program 16.607 19,810 - Passed through Alameda County Housing and Community Development Edward Byrne Memorial Justice Assistance Grant Program 16.738 3,256 - Edward Byrne Memorial Justice Assistance Grant Program 16.738 11,876 - Total Department of Justice Pass-Through Programs 15,132 - Total U.S. Department of Justice 34,942 -
Department of Transportation Programs
Direct Grants
Airport Improvement Program 20.106 59,000 - Airport Improvement Program 20.106 69,000 - Airport Improvement Program 20.106 23,000 - Total Department of Transportation Direct Programs 151,000 - Highway Safety Cluster
Passed through California Office of Traffic Safety - Selective Traffic Enforcement Program State and Community Highway Safety 20.600 PT23120 8,790 - State and Community Highway Safety 20.600 PT24102 11,992 - Total Highway Safety Cluster 20,782 -
Passed through California Office of Traffic Safety
Minimum Penalties for Repeat Offenders for Driving While Intoxicated 20.608 PT23120 6,550 - Minimum Penalties for Repeat Offenders for Driving While Intoxicated 20.608 PT24102 20,369 - Total Minimum Penalties for Repeat Offenders for Driving While Intoxicated 26,919 - Total Department of Transportation Programs 198,701 - Department of Homeland Security
Passed through California Governor's Office of Emergency Services Disaster Grants- Public Assistance 97.036 FEMA-4344-DR-CA 86,435 - Disaster Grants- Public Assistance 97.036 FEMA-4683-DR-CA 45,249 - Total Department of Homeland Security 131,684 - Department of Energy Programs
Direct Grants
Energy Efficiency and Conservation Block Grant Program 81.128 144,230 - Total Department of Energy Programs 144,230 -
Total Federal Financial Assistance 1,513,903$ 549,899$
EXHIBIT A
449
CITY OF LIVERMORE, CALIFORNIA
NOTES TO SCHEDULE OF EXPENDITURES OF FEDERAL AWARDS
FOR THE YEAR ENDED JUNE 30, 2024
8 A. Basis of Presentation
The accompanying schedule of expenditures of federal awards (the schedule) includes the federal award activity of the City of Livermore, California (City) under programs of the federal government for the year ended June 30, 2024. Federal awards received directly from federal agencies and received through other governmental agencies are included on the schedule of expenditures of federal awards. The grant period may be different from City's fiscal year, which is from July 1 through June 30. The information is presented in accordance with the requirements of Title 2 U.S.
Code of Federal Regulations, Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (Uniform Guidance). Because the schedule presents only a selected portion of the operations of the City, it is not intended to and does not present the financial position, changes in net position, fund balances, or cash flows of the City.
B. Summary of Significant Accounting Policies
Expenditures reported in the schedule are reported on the modified and full accrual basis of accounting, depending on which fund the federal expenditures were incurred, except for subrecipient expenditures, which are recorded on the cash basis. When applicable, such expenditures are recognized following the cost principles contained in the Uniform Guidance, wherein certain types of expenditures are not allowable or are limited as to reimbursement.
C. Indirect Cost Rate
The City has not elected to use the 10-percent de minimis indirect cost rate as allowed under the Uniform Guidance.
D. Loan Programs
The City participates in Revolving Loan Funds program sponsored by the Department of Housing and Urban Development- HOME Investment Partnerships Program. Under this program, the City issues loans to program participants which may be forgiven over time or are repaid into the program for the issuance of new loans. Only current year loan drawdowns (new loans issued) are reported on the SEFA; there are no contingencies noted. At June 30, 2024, the City awarded a loan for $300,000.
EXHIBIT A
450
CITY OF LIVERMORE, CALIFORNIA
SUMMARY OF AUDITOR’S RESULTS
FOR THE YEAR ENDED JUNE 30, 2024
9 Financial Statements
Unmodified
Yes
None Reported
No
Federal Awards
No
None Reported
Unmodified
No
Federal Financial Assistance Number Name of Federal Program or Cluster
14.218 CDBG-Entitlement Grants Cluster
14.239 HOME Investment Partnerships (HOME) program
750,000$
Auditee qualified as low-risk auditee? No
Significant deficiencies identified not considered to be material weaknesses? Type of auditor's report issued on whether the financial statements audited were prepared in accordance with GAAP:
Internal control over financial reporting:
Material weaknesses identified?
Identification of major federal programs:
Dollar threshold used to distinguish between Type A and Type B programs:
Noncompliance material to financial statements noted?
Internal control over major federal programs:
Material weaknesses identified?
Significant deficiencies identified not considered to be material weaknesses? Type of auditor's report issued on compliance for major federal programs:
Any audit findings disclosed that are required to be reported in accordance with 2 CFR 200.516
EXHIBIT A
451
CITY OF LIVERMORE, CALIFORNIA
FINANCIAL STATEMENT FINDINGS
FOR THE YEAR ENDED JUNE 30, 2024
10 The following finding represents a material weakness related to the financial statements that are required to be reported in accordance with Government Auditing Standards. 2024-001 Restatement of the beginning net position of the governmental activities, the fund balance of the Low Income Housing-Special Revenue Fund and the fund balance of the Nonmajor Governmental Funds Criteria
Management is responsible for the design, implementation, and maintenance of internal controls to ensure the financial statements are free from material misstatement, whether due to error or fraud. Such internal controls should ensure that all notes receivables are reported on the City’s financial statements.
Condition
The prior year financial statements contained an error that was discovered during the current year. The net position of the governmental activities, the fund balance of the Low Income Housing-Special Revenue Fund and the fund balance of the Nonmajor Governmental Funds did not report loans receivables correctly.
Effect
The City restated its financial statements in accordance with Generally Accepted Accounting Principles (GAAP).
Cause
Many of these loans were incorrectly tracked and were not included in the financial statements.
Recommendation
We recommend that management performs an evaluation of the outstanding loans and work with the City’s contractor to ensure all activities presented in the financial statements are in accordance with GAAP.
Repeat Finding
Yes.
Views of Responsible Officials
The City agrees with the finding and has restated its beginning net position and fund balance. The Finance and the Housing and Human Services divisions collaborated over the last two years to complete an entire inventory of loans outstanding and believe all loans are now accounted for and recorded correctly. The two divisions are also developing a Housing Loans Policy to ensure that all future loans are recorded and reported correctly on the financial statements.
EXHIBIT A
452
CITY OF LIVERMORE, CALIFORNIA
FEDERAL AWARD FINDINGS AND QUESTIONED COSTS
FOR THE YEAR ENDED JUNE 30, 2024
11 None reported.
EXHIBIT A
453
CITY OF LIVERMORE, CALIFORNIA
SCHEDULE OF PRIOR AUDIT FINDINGS
FOR THE YEAR ENDED JUNE 30, 2024
12 Financial Statement Findings
2023-01 - Material Weakness in Financial Reporting of an Error and a Restatement of the Financial Statements Condition: The prior year financial statements contained an error that was discovered during the current year.
The net position of the governmental activities, the fund balance of the Low Income Housing-Special Revenue Fund and the fund balance of the Nonmajor Governmental Funds underreported housing loans receivables that were tracked by a contractor of the City.
Recommendation: We recommended that management performs an evaluation of the outstanding loans and work with the City’s contractor to ensure all activities presented in the financial statements are in accordance with GAAP.
Current Year’s Status: Not implemented. See current year’s 2024-001 finding.
EXHIBIT A
454
CITY COUNCIL STAFF REPORT
ITEM NO. 6.1
DATE:
April 14, 2025
TO:
Honorable Mayor and City Council
FROM:
Joe Testa, Fire Chief
SUBJECT:
Hearing to receive and consider protests and direct staff to proceed with fieldwork on the abatement of weeds, rubbish, dirt, or refuse on specific described properties under the 2025 Weed Abatement Program.
RECOMMENDED ACTION
Staff recommends City Council consider all protests, and if the City Council finds it appropriate, adopt a resolution overruling protests, and direct staff to proceed with necessary weed abatement on all parcels requiring abatement.
SUMMARY
On March 10, 2025, Council approved Resolution 2025-032, the 2025 Fire Hazard Abatement Program.
Following that meeting, staff mailed a public hearing notice to all parcel owners named in Exhibit A to the Resolution. As outlined, parcel owners have been advised of the need to abate the weeds and debris which constitute fire hazards. In cases where there was an insufficient mailing address, the notice was posted conspicuously on the property. To avoid the City Contractor abating the fire hazards, a property owner must complete the abatement in a manner that meets abatement guidelines by the required deadline. Additionally, parcel owners can protest the need to abate hazards at this public hearing which was provided in the notice.
DISCUSSION
After considering any objections to the proposed abatement at this hearing, it is recommended that the City Council overrule the objections to the proposed abatement and/or amend the list of properties to be abated. The City Council should then adopt the attached resolution, as amended (if at all), that orders a contractor to abate the weeds on the properties attached in Exhibit A.
Fire Inspectors will survey each parcel listed for compliance. If abatement has not occurred by May 31, 2025, the City Contractor will abate the weeds. At a public hearing this summer, staff will recommend that the City Council order that the abatement cost be a special assessment and a lien imposed on the properties requiring abatement for any outstanding invoices. 455
FISCAL AND ADMINISTRATIVE IMPACTS
The abatement costs are fully recoverable. A contractor will be retained by the City, or by the Livermore- Pleasanton Fire Department on behalf of the City, to perform the abatement. Invoices will be sent to property owners for all work the City Contractor performs. Last year, the total cost of work was $2637, which included administrative costs incurred by the City in accordance with Section 39577 of the Government Code. Owners can pay the City directly; all unpaid invoices are filed with the Alameda County Tax Collector as a special assessment to the tax roll.
COMMUNITY PILLAR
1: A Safe Community that Thrives
GOAL
5: Ensure effective fire suppression, prevention, emergency medical and disaster services to meet the evolving needs of our communities and other changing conditions.
ATTACHMENTS
1. Resolution
2. Exhibit A - 2025 List of Parcels and Property Owners
Prepared by: Shiffon Smith
Administrative Assistant
Approved by:
____________________________________
Marianna A. Burch
City Manager
Fiscal Review by:
____________________________________
Tina Olson
Administrative Services Director
456
1 RESOLUTION NO. ________
IN THE CITY COUNCIL OF THE CITY OF LIVERMORE, CALIFORNIA
A RESOLUTION OVERRULING PROTESTS AND ORDERING THE
ABATEMENT OF WEEDS, RUBBISH, DIRT, OR REFUSE ON
CERTAIN DESCRIBED PROPERTIES UNDER THE
2024 WEED ABATEMENT PROGRAM
On March 10, 2025, the City Council passed and adopted Resolution No. 2025- 032 declaring that conditions existed, or that seasonal and recurrent conditions exist, of growing weeds, accumulated refuse, rubbish or dirt, on private property and/or on the streets, parkways or sidewalks, adjacent to each parcel of real property the resolution described. The City Council also found such conditions to be public nuisances requiring abatement.
The date, time, and place for hearing and considering all objections to the proposed abatement of the public nuisances described in Resolution No. 2025-032 was April 14, 2025, at 7 p.m. in Livermore, California.
The Livermore-Pleasanton Fire Department gave written notice of the proposed abatement to all persons owning the property described in Resolution No. 2025-032 at least five days prior to the date set for the hearing of objections to the abatement.
The Council has heard and considered all objections to the abatement of the public nuisance described in Resolution No. 2025-032.
The actual costs incurred for the nuisance abatements will be confirmed by the City Council at a future meeting to levy as an assessment against the respective properties.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Livermore that any and all protests to the abatement of the public nuisances on the properties described in Exhibit A, attached hereto, are overruled.
BE IT FURTHER RESOLVEDby the City Council of the City of Livermore that staff is ordered to proceed immediately to abate the public nuisances on the properties identified in Exhibit A, attached hereto. The abatement will consist of having the weeds, rubbish, refuse or dirt removed on all parcels that property owners have not abated by the May 31, 2025, deadline. Abatement will be performed by a service provider retained by the City of Livermore and the costs will be based on the actual work performed for each parcel. In accordance with Section 39577 of the Government Code, administrative costs incurred by the City of Livermore will be added to the cost of the nuisance abatement.
457
2 RESOLUTION NO. ________
On motion of Council Member _________________, seconded by Council Member ________________ the foregoing resolution was passed and adopted on April 14, 2025, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST: APPROVED AS TO FORM:
_____________________________ /s/ Daniel R. Gonzales______________ Deborah L. Elam Daniel R. Gonzales
City Clerk Deputy City Attorney
Exhibit A – 2025 List of Parcels & Property Owners
458
Parcel Number Situs Address Owner(s)
1 099B510000500 1080 CENTRAL AVE 1080 CENTRAL LLC
2 099 004000805 5281 SOUTHFRONT RD 300 VERNAL DR LLC
3 099B575300300 HAWTHORNE AVE 7770 HAWTHORNE LLC
4 099 1356 005 00 355 E Vineyard Ave ABBOUD FAYEZ E & RIMA F TRS 5 099 001502304 1309 HILLIKER ADAMS SHELLY TR
6 902 000800100 3658 LAS COLINAS RD ADVENTUS
7 099 010003100 PORTOLA AVE (PASEO LAGUNA SECO) ALAMEDA COUNTY FLOOD CONTROL 8 099B535101811 VASCO RD ALAMEDA COUNTY FLOOD CONTROL
9 099B-5404-003-00 6800 Altamont Creek Dr Alameda County Flood Control 10 099B-8101-009-00 Pasatiempo ST Alameda County Flood Control 11 099B-5303-002-00 Altamont Creek Dr Alameda County Flood Control & Water Conserv Dist 12 099B-5302-005-00 Vasco Rd Alameda County Flood Control & Water Conserv Dist 13 099B-5302-004-00 Vasco Rd Alameda County Flood Control & Water Conserv Dist 14 099B-5300-010-00 Vasco Rd ALBRIGHT SHARON L & ELK KAREN J TRS & ELK KAR 15 099 -0024-001-05 Bluebell Dr ALBRIGHT SHARON L TR & ELK KAREN J TR 16 902 000801106 US HWY 50 E ANDERSON CALVIN B Tr
17 904 001200900 625 W JACK LONDON BLVD (DISCOVERY ARKAY LAND LLC 18 904 001201000 450 DISCOVERY DR ARKAY PROPERTIES LLC
19 904 001201100 DISCOVERY DR ARKAY PROPERTIES LLC
20 099 132501200 4715 BENNETT DR ARROYO/LIVERMORE BUSINESS PARK LP 21 099 132508500 BENNETT DR ARROYO/LIVERMORE BUSINESS PARK LP 22 099 010000500 1240 N LIVERMORE AVE ART MONUMENT CO INC 23 099 115000406 4743 EAST AVE ASBURY METHODIST CHURCH
24 099 072521200 2301 BESS AVE ATWAL DEEPAKPAL & HARPARTAP 25 099 010003002 1700 PASEO LAGUNA SECO AUTUMN SPRINGS RE INVESTORS LP 26 099 132504300 5002 PRESTON BAY AREA LLC
27 099A290201000 5054 ERICA WAY BENNETT LEON R
28 098A061000400 EAST AVE BIG RED BUDDY LP & ERLICH STEVEN J & LINDA R TRS 29 099B812005300 DRY CREEK CT BLUFFS IN LIVERMORE OWNERS ASSOCIATION 30 099B812005400 LAKE CT BLUFFS IN LIVERMORE OWNERS ASSOCIATION 31 099B575202400 6877 Brisa St BOARD OF TRUSTEE OF Lsj UNIVERSITY TR 32 099 -1365-008-00 Holmes St BOSSI ROBERT D & DEBORAH D TRS & ROSENBERG DA ETAL
33 099 131603300 212 RICKENBACKER CIR BPC ENTERPRISES LLC 34 099 0751 012 08 2111 Pleasant View Ln BURY DOUGLAS W & SHARI G TRS 35 099B811007900 N GREENVILLE RD CABRE TECH SOLUTIONS INC 36 099 136800100 3401 HANSEN RD CALIFORNIA WATER SERVICE COMPANY 37 904 001201200 DISCOVERY DR CH DISCOVERY DRIVE LLC
38 904 001201300 DISCOVERY DR CH DISCOVERY DRIVE LLC
39 903 001000204 COLLIER CANYON RD CHABOT LAS POSITAS COMMUNITY COLLEGE DISTRICT 40 905 001500800 2768 COLLIER CANYON RD CHU YUETMING & MIRIAM L TRS 41 905 001901800 TRIAD DR CIVIC NORTH CANYONS PARKWAY LLC 42 905 001000403 TRIAD DR (OLD GLORY DR) CIVIC TRIAD EAST LLC 43 099 001502203 LAS POSITAS COOK DEVIN C & AUDRA M
44 905 001502600 2620 COLLIER CANYON RD CORNERSTONE FELLOWSHIP OF LIVERMORE 45 905 001502700 2620 COLLIER CANYON RD CORNERSTONE FELLOWSHIP OF LIVERMORE 46 905 001502800 2620 COLLIER CANYON RD CORNERSTONE FELLOWSHIP OF LIVERMORE 47 905 001502900 2620 COLLIER CANYON RD CORNERSTONE FELLOWSHIP OF LIVERMORE Livermore-Pleasanton Fire Department
2025 List of Parcels
EXHIBIT A
459
48 099 131103507 2395 Lennox Ln CORNERSTONE REALTY FINANCE & INVESTMENTS CORP 49 099B507500610 VASCO RD COUNTY ALAMEDA FLOOD CONTROL & WATER
CONSERVATION
50 904 000500330 200 E AIRWAY BLVD COUNTYALAMEDA FLOOD CONTROL & WATER
CONSERVATION
51 099 132604200 305 S VASCO RD D BRUZZONE LLC
52 099B575201000 LONGFELLOW CT D J SMITH FAMILY PARTNERSHIP 53 099 1343 035 02 342 Kalthoff Cmn DANGTRAN JOSEPH V & PHUONGUYEN N TRS 54 099 012600700 CALLE DEL SUENO DAVIDON HOMES
55 098 -0346-021-00 909 N L St DERONG INVESTMENT 1 LLC
56 098 -0346-022-00 909 N L St DERONG INVESTMENT 1 LLC
57 098 028100900 NORTH K ST DESOUSA GIZELA P & GISELLE M TRS 58 098 028101000 NORTH K ST DESOUSA GIZELA P & GISELLE M TRS 59 099B575304500 NATIONAL DR DGSG PROPERTIES LLC
60 099B811007800 200 N GREENVILLE RD DIAMOND LODGING INC 61 099A150004800 2171 RESEARCH DR DPR REAL ESTATE INVESTMENTS LLC 62 099B545000200 LAUGHLIN RD EAST BAY REGIONAL PARK DISTRICT 63 099B545000300 1467 LAUGHLIN RD EAST BAY REGIONAL PARK DISTRICT 64 099 007500704 EDINBURGH DR EDINBURGH FORTUNES LLC
65 099 133610900 HIGHLAND ST EDINBURGH FORTUNES LLC
66 099B575303900 750-758 ENTERPRISE CT Enterprise Court LLC 67 099B575304000 704-748 ENTERPRISE CT ENTERPRISE COURT LLC 68 099B575300700 7589 NATIONAL DR EVANS DAN L & KATHLEEN M TRS 69 099B575303800 751-799 ENTERPRISE CT EVANS DAN L & KATHLEEN M TRS 70 099 010003008 PASEO LAGUNA SECO FALLON ENTERPRISES INC 71 099 001502606 1365 HILLIKER FEDERICO JOHN & GINNY D
72 902 000800202 US HWY 50 E FERRARI FAM LTD PTP & SCHMIDIG FRANK JR TR ETAL 73 099B811006200 LAWRENCE DR FORMFACTOR INC
74 099B811006400 LAWRENCE DR FORMFACTOR INC
75 099A293900200 2453 COWAN WAY FRYDENDAL SUE TR
76 099 001502400 1301 HILLIKER FUKUSHIMA HIROSHI & DIANNE TRS 77 904 000500407 US HWY 50 E GANDOLFO CATHERINE ETAL
78 099B540101000 LAUGHLIN RD GARCIA TIMOTEO R & ELIZABETH N 79 098 021300305 Elm St GHAG MAKHAN & JOHAL AMRIK
80 099 001503000 1300 HILLIKER GREENE WILLIAM J & LIEN L 81 099B-5500-002-07 7313 Northfront RD Greenvill Star Center LLC 82 099B-5404-001-00 Altamont CRK Greystone Homes Inc
83 099 1361 006 00 567 E Vineyard Ave HLW LLC
84 099B812600600 631 PINNACLE HOLLAND NINE LLC
85 099B811702403 LAUGHLIN RD HOM WING Y & LAI C TRS
86 099A290201400 360 ERICA CT HOWARD NICHOLAS L & JUNKO 87 099-0024-009-30 Hartford Ave Huffman Broadway Group Inc 88 099-0024-009-16 Hartford Ave Huffman Broadway Group Inc. 89 903 001004600 PORTOLA AVE ISABEL PORTOLA OWNER LLC
90 903 001004700 PORTOLA AVE ISABEL PORTOLA OWNER LLC
91 903 001004800 PORTOLA AVE ISABEL PORTOLA OWNER LLC
92 903 001005200 PORTOLA AVE ISABEL PORTOLA OWNER LLC
93 903 001005300 PORTOLA AVE ISABEL PORTOLA OWNER LLC
94 903 001005400 PORTOLA AVE ISABEL PORTOLA OWNER LLC
Livermore-Pleasanton Fire Department
2025 List of Parcels
EXHIBIT A
460
95 903 001004900 PORTOLA ISABEL PORTOLA OWNER LLC
96 099B570000207 151 GREENVILLE JDB PROPERTIES LLC
97 099A292600300 S VASCO RD Jiang Licheng
98 098 021300303 732 N K ST (ELM ST) JOHAL AMRIK S & GHAG MAKHAN S 99 099B810301303 LAS POSITAS RD KAISER FOUNDATION HOSPITALS 100 099B810301402 LAS POSITAS RD KAISER FOUNDATION HOSPITALS 101 099 001503900 1300 HILLIKER KAUR HARPREET & BHULLAR RAJINDER B 102 099 010001830 1202 PORTOLA KENT E G & BEVERLY C TRS 103 099 -1343-012-00 E VALLECITOS RD KKB BRO LLC
104 905 001501800 CONSTITUTION DR KMTJ INVESTMENTS LP
105 905 001501900 CONSTITUTION DR KMTJ INVESTMENTS LP
106 098 035005400 MARYLIN AVE KREMER KENNETH A TR
107 099 1343 033 00 353 Kalthoff Cmn La Phong & Sai Etal 108 099 1366 004 00 Cellars Drive LAGISS TERESA A & SAUER CHRYSANNE TRS 109 099 1367 004 00 Lagiss Drive LAGISS TERESA A & SAUER CHRYSANNE TRS 110 099 1367 005 00 Lagiss Drive LAGISS TERESA A & SAUER CHRYSANNE TRS 111 099B540100900 LAUGHLIN RD LAUGHLIN KATHRYN M TR & LAUGHLIN STEVE W TR 112 099B540101100 788 LAUGHLIN RD LAUGHLIN KATHRYN M TR & LAUGHLIN STEVE W TR 113 099 080100500 2301 CONCANNON BLVD LAUNCH PAD VENTURES LLC 114 099 002300800 LASSEN RD LD FUND III LIVERMORE LAND LLC 115 099 068200600 ARROYO LEE SHIUH K & WEI SHUYIN J TRS 116 098 0356 139 00 10 N Murrieta Blvd Lexington Associates 117 099 1343 019 00 763 Kalthoff Cmn LIN ALAN Z & XING SUSAN S TRS 118 099 001500314 2251 LAS POSITAS RD LINDEN SUMMIT INVESTMENT CO Castle Management 119 904 000406400 NISSEN DR LIVERMORE AIRWAY BUSINESS PARK 120 904- 0004-072-00 ARMSTRONG ST LIVERMORE AIRWAY BUSINESS PARK 121 904 -0004-073-00 ARMSTRONG ST LIVERMORE AIRWAY BUSINESS PARK 122 904 001201803 875 Atlantis Ct LIVERMORE AMADOR VALLEY TRANSIT AUTHORITY 123 099 134301100 e vALLECITOS rD LIVERMORE AREA RECREATION & PARKS DISTRICT 124 099B-5302-002-00 Vasco Rd Livermore Area Recreation & Parks District 125 099 1343 030 00 320 Kalthoff Cmn Livermore Crest LLC 126 099B-5302-001-00 Vasco Rd Livermore Homebuilders LP 127 098A041402806 600 MAPLE ST/SCHOOL ST LIVERMORE VALLEY JOINT UNIFIED SCHOOL DISTRICT 128 905 001401500 N CANYONS PKWY LIVERMORE VALLEY JOINT UNIFIED SCHOOL DISTRICT 129 099 025700100 400 WALL ST LIVERMORE VALLEY JOINT UNIFIED SCHOOL DISTRICT 130 099 -0024-001-13 Bluebell Dr Livermore Valley Preserve LLC 131 098 022700300 Walnut St LONG JACK B & VOLKMAN SHERYL I 132 099A150007401 2176 RESEARCH DR LREH CALIFORNIA LLC
133 099 136200400 HANSEN RD MALAKOFF NATHAN
134 099 136800200 HANSEN RD MALAKOFF NATHAN G & JENNIFER M TRS 135 098 025602700 JUNCTION AVE MALLONI JAMES TR
136 099 137000300 1670 PORTOLA AVE MANCINI KAROL & RANDY 137 099 001502202 LAS POSITAS MATTO ALLEN J & CAROL A TRS 138 099 004007500 5605 SOUTHFRONT RD MCGRATH RENTCORP
139 099 004007600 5605 SOUTHFRONT RD LI MCGRATH RENTCORP 140 099 004007800 5605 SOUTHFRONT RD MCGRATH RENTCORP
141 099 004007900 5605 SOUTHFRONT RD MCGRATH RENTCORP
142 099 010003200 PORTOLA AVE MCRAE JOHN S
143 097 002200100 1783 2nd St MITOMA PROPERTIES LLC
Livermore-Pleasanton Fire Department
2025 List of Parcels
EXHIBIT A
461
144 905 000901303 COLLIER CANYON MONUMENT PROPERTIES LIVERMORE LLC 145 099 001504000 1302 HILLIKER MUMFORD STEVEN & SUSAN
146 099 1343 024 00 51 Vallecitos Rd MUSCO FELIX P & JOSEPHINE 147 097 014305600 1202 Concannon Blvd. NIGHTWING PROPERTIES LLC 148 099B587502900 SOUTHFRONT RD P G & E CO 135-1-43A-1
149 099 004001026 5179 PRESTON AVE P G & E CO 135-1-78A-1 150 099 040000103 1919 LOMITAS AVE PATTON ROBERT A & LOUISE K TRS 151 099B 812900500 Northfront Rd PENINSULA REAL ESTATE INVESTMENT LLC 152 099B-8129-009-00 Northfront Rd PENINSULA REAL ESTATE INVESTMENT LLC 153 099 132603700 LA RIBERA ST PETERSON PROPERTIES LLC
154 099 133609705 LOCH LOMAND WAY PORTOLA GLEN TOWNHOMES OWNERS ASSOCIATION 155 099B811008100 200 S FRONT RD PPV PROPERTIES LLC &
156 099 010003701 2169 LAS POSITAS CT READ LAURA TR
157 099 025600100 E STANLEY REES ANNIE
158 099A290201300 372 ERICA CT REPPAS JULIE V & STEVEN D 159 099 131601100 137 RICKENBACKER Rickenbacker Circle Associates Llc 160 099 040000728 LOMITAS AVE ROMAN CATHOLIC BISHOP OAKLAND 161 099 001502803 LAS POSITAS RD RUBY BEAR LP
162 099 001502802 LAS POSITAS RUBY BEAR LP
163 099 001503100 1250 HILLIKER RUSSELL JERRY L JR & ARENDELL LEILANI W TRS 164 099 004001800 N MINES RD S P CO 872-1-98H-POR 11
165 099B570000301 N GREENVILLE RD S P CO 872-1-99L-42
166 098 -0298-005-00 659 Andrews St SABIN DON
167 099 133101200 200 E AIRWAY BLVD SAN FRANCISCO BAY AREA RAPID TRANSIT DISTRICT 168 099B540101200 6978 NORTHFRONT RD SAN FRANCISCO BAY AREA RAPID TRANSIT DISTRICT 169 099B540101301 6884 NORTHFRONT RD SAN FRANCISCO BAY AREA RAPID TRANSIT DISTRICT 170 099B540101303 NORTHFRONT RD SAN FRANCISCO BAY AREA RAPID TRANSIT DISTRICT 171 099B540101601 NORTHFRONT RD SAN FRANCISCO BAY AREA RAPID TRANSIT DISTRICT 172 099B540101700 6784 NORTHFRONT RD SAN FRANCISCO BAY AREA RAPID TRANSIT DISTRICT 173 099B540101801 NORTHFRONT RD SAN FRANCISCO BAY AREA RAPID TRANSIT DISTRICT 174 099B540101900 6690 NORTHFRONT RD SAN FRANCISCO BAY AREA RAPID TRANSIT DISTRICT 175 099B542500300 HERMAN AVE SAN FRANCISCO BAY AREA RAPID TRANSIT DISTRICT 176 099B542500400 801 HERMAN AVE SAN FRANCISCO BAY AREA RAPID TRANSIT DISTRICT 177 099B542500500 NORTHFRONT RD SAN FRANCISCO BAY AREA RAPID TRANSIT DISTRICT 178 099B542500600 6634 NORTHFRONT RD SAN FRANCISCO BAY AREA RAPID TRANSIT DISTRICT 179 099B542500700 NORTHFRONT RD SAN FRANCISCO BAY AREA RAPID TRANSIT DISTRICT 180 904 000500333 200 E AIRWAY BLVD SAN FRANCISCO BAY AREA RAPID TRANSIT DISTRICT 181 904 000400402 US HWY 50 W SAN FRANCISCO BAY AREA RAPID TRANSIT DISTRICT 182 904 000400403 US HWY 50 W SAN FRANCISCO BAY AREA RAPID TRANSIT DISTRICT 183 903 -0010-037-04 Portola Ave SAN FRANCISCO BAY AREA RAPID TRANSIT DISTRICT 184 903 -0010-036-03 Portola Ave SAN FRANCISCO BAY AREA RAPID TRANSIT DISTRICT 185 099 068000800 ROCKINGHAM CT SCARLET BEAR
186 099A-2936-007-00 2600 S Vasco Rd SCOTT RICHARD H TR 187 903-0010-056-00 PORTOLA AVE SHEA CENTER LIVERMORE LLC 188 903-0010-057-00 PORTOLA AVE SHEA CENTER LIVERMORE LLC 189 903-0010-058-00 PORTOLA AVE SHEA CENTER LIVERMORE LLC 190 903-0010-061-00 PORTOLA AVE SHEA CENTER LIVERMORE LLC 191 903 001900100 PORTOLA AVE SHEA CENTER LIVERMORE LLC 192 903 0014 004 00 PORTOLA AVE SHEA HOMES INC
Livermore-Pleasanton Fire Department
2025 List of Parcels
EXHIBIT A
462
193 903 0014 005 00 PORTOLA AVE SHEA HOMES INC
194 903 0014 006 00 PORTOLA AVE SHEA HOMES INC
195 903 0014 007 00 PORTOLA AVE SHEA HOMES INC
196 903 0014 008 00 PORTOLA AVE SHEA HOMES INC
197 099 068000200 ARROYO RD & HANSEN RD SHEN JIEYONG TR 198 099 068000400 ARROYO RD & HANSEN RD SHEN JIEYONG Tr 199 099 067904800 CHURCHILL DOWNS LN SHEN JIEYONG TR
200 099 080200100 CONCANNON BLVD SHINDE MAKARAND S & NITU M TRS 201 099 080101100 CONCANNON BLVD SHINDE MAKARAND S & SHINDE NITU M TRS 202 099 005100302 GARDELLA PLAZA SHR VENTURES LLC
203 099B590000209 5945 SOUTHFRONT RD SINGH JADWINDER & DHALIWAL ALKESH K TRS ETAL 204 099 135600600 303 E VINEYARD AVE SINGH SURINDER K TR 205 099B811004600 SOUTHFRONT RD SOCH LIVERMORE LLC
206 099 132101300 2863 CHABLIS WAY SPAETH MARY L TR
207 099 131705000 SPRING VALLEY CMN SPRING VALLEY ASSOCIATION II 208 099 132815400 SPRINGTOWN BLVD SPRING VALLEY ASSOCIATION III 209 099 134902300 CONTRACTORS PL TA DAH LLC
210 099B810303500 VAUGHN AVE TAMAR REALTY LAS POSITAS LOGISTICS CENTER CA LP 211 099 132502202 4536 LAS POSITAS RD TH ARROYO VISTA LLC 212 099 132502300 ARROYO VISTA TH ARROYO VISTA LLC
213 099 132502702 LAS POSITAS RD TH ARROYO VISTA LLC
214 099 132502902 LAS POSITAS RD TH ARROYO VISTA LLC
215 099 132503004 LAS POSITAS RD TH ARROYO VISTA LLC
216 099 132508900 BENNETT DR TH ARROYO VISTA LLC
217 099B575306300 7925 NATIONAL DR TOPCON POSITIONING SYSTEMS INC 218 099B575306400 7979 NATIONAL DR TOPCON POSITIONING SYSTEMS INC 219 099B575306500 7933 NATIONAL DR TOPCON POSITiONING SYSTEMS INC 220 099 001500602 1273 N LIVERMORE AVE TRIVALLEY MONTESSORI SCHOOL 221 099B505000112 908 N VASCO RD UNG CISSY S
222 099B530400302 1893 N VASCO RD UNITARIAN UNIVERSALIST CHURCH LIVERMORE 223 099 133206500 966 WAVERLY CMN VALHALLA HOMEOWNERS ASSOCIATION 224 099 001506300 2301 LAS POSITAS RD VIAZON LIVERMORE PROPERTIES LLC 225 099 001506400 LAS POSITAS RD VIAZON LIVERMORE PROPERTIES LLC 226 099 -1343-034-04 301 Kalthoff Cmn VIPANI MANISH & DAKSHA M TRS 227 099 004001600 N MINES RD W P CO
228 099 004001910 N MINES RD W P CO
229 099 005600702 1ST ST W P CO
230 098 025000500 OAK ST W P CO
231 098 026402402 JUNCTION AVE W P CO
232 098 026002204 N I ST W P CO
233 098 029000702 N N ST W P CO
234 098 029000802 N P ST W P CO
235 098 029000902 VINEYARD AVE W P CO
236 099 -0185-003-00 E STANLEY BLVD W P CO
237 099 -0175-019-02 E STANLEY BLVD W P CO
238 099 -0175-019-01 E STANLEY BLVD W P CO
239 099 -0175-014-02 E STANLEY BLVD W P CO
240 098 -0251-009-00 OAK ST W P CO
241 099 -0051-020-05 1ST ST W P CO
Livermore-Pleasanton Fire Department
2025 List of Parcels
EXHIBIT A
463
242 099 -0051-020-06 1ST ST W P CO
243 099 -0040-022-00 N MINES RD W P CO
244 099 -0040-017-01 N MINES RD W P CO
245 099A-1400-013-01 EAST AVE W P CO
246 099A-1475-008-08 EAST AVE W P CO
247 099A-1475-008-02 GREENVILLE RD W P CO
248 098 027501604 3163 GARDELLA PLAZA W P CO 843-1-23-3 249 099 -0040-017-04 N MINES RD W P CO 843-1-23A-15
250 099 001501003 2784 LAS POSITAS RD WALMART STORES INC 251 099B 545001003 LAUGHLIN RD WESTERN TITLE GUARANTY CO CONTRA COSTA CO DIV 252 099B-5300-002-13 Vasco Rd WESTERN TITLE INSURANCE COMPANY 253 099B810302500 LEISURE ST WHITECASTLE LEASING LLC
254 099 131100300 2463 SHEFFIELD DR WILSON WILLIAM G & JOHN MIRIAM E TRS 255 099 -1200-001-00 4592 Tesla RD Wine Group LLC
256 099B505000605 5905 NORTHFRONT RD WOOD FAMILY DEVELOPMENT LLC 257 099B810400700 COMMERCE WAY WROAN DAVID S & JENNIFER B TRS 258 099B810400800 COMMERCE WAY WROAN DAVID S & JENNIFER B TRS 259 099B810400900 COMMERCE WAY WROAN DAVID S & JENNIFER B TRS 260 099B810401000 COMMERCE WAY WROAN DAVID S & JENNIFER B TRS 261 099B810401100 COMMERCE WAY WROAN DAVID S & JENNIFER B TRS 262 099 1356 007 00 221 E Vineyard Ave XU YINGMIN & CHEN JIE 263 099 -0075-002-14 2542 PORTOLA AVE ZHAN KAIJUN & CHEN XIAOQING TRS 264 099 007500215 HAREWOOD DR ZHAN KAIJUN & CHEN XIAOQING TRS 265 099 007500304 PORTOLA AVE ZHAN KAIJUN & CHEN XIAOQING TRS 266 099 007500306 PORTOLA AVE ZHAN KAIJUN & CHEN XIAOQING TRS Livermore-Pleasanton Fire Department
2025 List of Parcels
EXHIBIT A
464
CITY COUNCIL STAFF REPORT
ITEM NO. 7.1
DATE:
April 14, 2025
TO:
Honorable Mayor and City Council
FROM:
Brandon Cardwell, Innovation and Economic Development Director SUBJECT:
Update on the Airport Land Use and Development Study Including Next Steps
RECOMMENDED ACTION
Staff recommends the City Council receive a presentation on the Airport Land Use and Development Study and Next Steps.
SUMMARY
Staff conducted an Airport Land Use and Development Study (Study) to identify potential development approaches in response to the needs of the City, Airport, and the surrounding community, and to guide the implementation of the Airport Leasing and Development Policy. The Study drew three key conclusions:
Mix of uses
–There is a desire for a range of uses at the Airport balancing the needs of current and potential Airport users, as well as the broader community.
Hangars and Supporting Infrastructure
– There is a need for aircraft storage and related
infrastructure to support operations and reduce potential impacts to the community.
Forecast and Comprehensive Planning
- There may be a need to identify current and long-term aviation demand to facilitate non-aeronautical uses in compliance with FAA requirements.
Based on this information, staff plans to pursue the following four projects to improve operational efficiency, leverage the Airport as a community asset, and generate revenue consistent with the Airport operational policies established in Resolution 2010-058:
1 .
Develop an approach and move forward with hangar development to address longstanding demand.
2 .
Explore the potential of a multi-agency public safety complex to improve local and regional emergency response.
3 .
Pursue an Aviation Innovation Center to foster new technologies in aviation and related sectors. 4 .
Explore electric aircraft technologies (including EVTOLS) and other advance aviation mobility 465
(AAM) to help facilitate advancement in sustainable transportation and improve mobility.
If there is suitable acreage remaining after exploring these four areas, staff will evaluate whether it is necessary to conduct additional demand analysis to allow for potential mixed-use and non-aeronautical development. Based on the outcome of the demand analysis, the City would decide whether to prepare a comprehensive long-range plan to establish a vision and strategy for Airport development.
Staff recommends the City Council receive a presentation on the Land Use and Development Study, which is found in Attachment 1, and an update on staff’s proposed next steps.
DISCUSSION
Staff initiated the Airport Land Use and Development Study (Study) to identify available and advisable uses of Livermore Airport (Airport) land. The Study differs from the existing Livermore Airport Leasing and Development Policy (Development Policy) in that the Development Policy identifies a process for reviewing development applications, but it does not identify the types of development projects that best address site conditions, use constraints, and community needs, which was the intent of the Study. The Study incorporates provisions of federal, regional, and local requirements, including Resolution No. 2010-058, which establishes operational policies for the Airport, as well as extensive community engagement.
Background and Surrounding Context
The Airport is located in the western portion of the city, south of I-580 generally between El Charro Road and Isabel Avenue and north of Jack London Blvd. The Airport encompasses approximately 590 acres and is immediately surrounded by industrial and commercial uses and sand and gravel mining operations. The Airport is regulated by federal, state, and local policies and planning documents, all of which influence use of Airport lands.
Federal Aviation Administration Requirements
The Federal Aviation Administration (FAA) designates the Airport as a General Aviation Reliever Airport that does not provide passenger service on commercial airlines.
The FAA categorizes Airport land use into 4 categories and prioritizes Aeronautical and Airport Purpose uses:
Aeronautical:
Highest priority for airport land. Directly support the operation of aircraft: runways, taxiways, aprons, hangars, and facilities related to the storage, maintenance, and fueling of aircraft.
Airport Purpose (Aeronautical-Related):
Related to, but not directly involved in the operation of aircraft: terminal buildings, aircraft manufacturing and maintenance facilities, and training facilities.
Mixed Use:
Combination of aeronautical and non-aeronautical activities: air cargo, research and development facilities, warehouse, office, or other space used for non-aeronautical purposes.
Non-Aeronautical:
Uses unrelated to aviation that do not support aircraft operations: commercial development, shopping centers, hotels, and office buildings.
The Study identified and evaluated 14 undeveloped sites on Airport land, totaling 165 acres. Because 466
the Airport is obligated by FAA under grant assurances, uses are limited to Aeronautical and Airport Purpose to support Airport functions and operations unless otherwise approved by the FAA. FAA may approve mixed use and non-aeronautical uses on Airport land with proper justification, including an aviation demand assessment that demonstrates adequate land or facilities remain to meet current and future needs of the Airport.
Local Planning and Policy Documents
In addition to FAA requirements, there are local Airport plans and regulations:
Alameda County Airport Land Use Compatibility Plan:
Encourages compatibility between
airports and the various land uses that surround them.
Livermore General Plan:
Policy goals to maintain safety, minimize noise impacts, and ensure safe airspace through compatible development.
Livermore Development Code:
Identifies permitted aviation-oriented uses and appropriate development standards.
Livermore Resolution 2010-058:
Establishes policy framework (to the extent feasible under federal law) which authorizes development of the Airport in response to demand for aviation services and hangars or in support of the local community (such as law enforcement and emergency or disaster relief services), subject to the recommendation of the Livermore Airport Commission.
Airport Layout Plan:
Detailed graphical and written plan providing a blueprint for the development of an airport.
Airport Leasing and Development Policy:
Processes/procedures to evaluate and approve or
reject proposals related to the leasing and/or development of aeronautical and non- aeronautical land at the Airport.
Community and Stakeholder Engagement
The project team conducted a variety of community and stakeholder engagement processes through a range of channels:
Focus Groups
- The consultant team interviewed 18 participants from community, environmental, and Airport user groups. Staff did not meet with these groups directly. The consultant team conducted anonymous interview sessions and collected key themes and takeaways.
Open Houses
- Staff hosted two open houses. 91 members of the community attended.
Participants were asked to rank the types of uses they would most like to see at the Airport. Staff was available to answer questions and discuss the Study objectives.
Online Survey
- Staff posted a month-long online survey with a similar activity to the open houses for those who could not attend. Staff received approximately 850 responses.
Participants were not limited to one channel and in some cases may have attended multiple events.
General themes and topics included the following:
Growth & Development:
Responsibly manage Airport growth, addressing demand for new hangars in accordance with the 2010 Resolution, and explore the feasibility of supportive non- aeronautical uses including research and development, workforce development, and other 467
services on the Airport property.
Sustainability & Innovation:
Explore opportunities for renewable energy generation (e.g., solar, hydrogen), aviation research and development, and emerging technologies like Advanced Air Mobility, electric vertical takeoff and landing (eVTOL) aircraft. These technologies operate without emission and have minimized noise profiles but also require infrastructure upgrades for future integration. Address environmental justice, environmental impacts, and air quality through unleaded aviation fuel at the Airport (which has now occurred).
Community Engagement:
Expand regular community engagement at the Airport including aviation-related educational programs, STEM centers, increased communication regarding Airport activities and events to foster public interaction.
Noise & Safety:
Manage aircraft and operational noise management through noise reporting and pilot education. Limit future Airport development due to safety, noise, and concerns about environmental and health impacts.
Sites Potential and Opportunities
The results of the Study are summarized in a technical memo found in Attachment 1. The Study investigated the site and regulatory attributes of each of the 14 undeveloped areas. Based on the site's characteristics, location, and regulatory constraints, the Study classified recommended uses at each site as: no development recommended, allowable uses, and conditional uses.
No Development
- Sites that were not recommended for development were generally natural open space and currently provide flood protection.
Allowable Uses
- Sites classified as Allowable uses are suited for the Aeronautical or Airport Purpose land use category, which may require taxiway or airside access. Suitable uses may include hangars, aircraft maintenance, aviation businesses and services consistent with current FAA regulations.
Conditional Uses
- Sites recommended for Conditional uses are suitable for Mixed-Use or Non- Aeronautical land uses, which may include manufacturing, warehousing & distribution, fuel and energy production, hospitality, as well as STEM or aviation training and research and development facilities. The Conditional option can only be considered once necessary information is available and clearly demonstrates the site is not needed for foreseeable aeronautical purposes and FAA land use approval is granted.
Some sites were identified with a dual Allowable and Conditional designation, which acknowledges Aeronautical and Airport Purpose uses are allowable under the current FAA regulatory conditions, but conditional uses may be feasible and even desirable pending FAA approval. Overall, sites along the southern portion of Airport property identified allowable and conditional uses. Undeveloped sites to the west were not recommended for development due to their open space characteristics, and sites around existing Airport Facilities are identified as Allowable Uses with limited exceptions.
Classification
No Development
Allowable
Conditional
Site Number
2,10W,12,13,14
3,4,5,6,7,8,9,10E
3,7,8,9,10E,11
A thorough site assessment is located on Table 2 - Application of Key Findings to LVK Sites on pages 23-24, and site identification is found on the corresponding map on page 26 of the Study’s technical memo. (Attachment 1).
468
Key Findings and Next Steps
The Study (and engagement process) resulted in the following Key Findings:
Mix of uses
–There is a desire for a range of uses at the Airport balancing the needs of current and potential Airport users, as well as the broader community.
Hangars and Supporting Infrastructure
– There is a need for aircraft storage and related
infrastructure to support operations and reduce potential impacts to community.
Forecast and Comprehensive Planning
- There may be a need to identify current and long-term Airport demands to facilitate other uses in compliance with FAA requirements.
Based on the above findings, staff plans to pursue the following four projects to improve operational efficiency, leverage the Airport as a community asset, and generate revenue consistent with the Airport operational policies established in Resolution 2010-058:
1 .
Develop an approach and move forward with hangar development to serve the existing waitlist. 2 .
Explore the potential of a multi-agency public safety complex to improve local and regional emergency response.
3 .
Pursue an Aviation Innovation Center to foster new technologies in aviation and related sectors. 4 .
Explore electric aircraft technologies (including EVTOLs) and other advance aviation mobility (AAM) to help facilitate advancement in sustainable transportation and improve mobility.
If there is suitable acreage remaining after exploring these four areas, staff will evaluate whether it is necessary to conduct additional demand analysis to allow for potential mixed-use and non-aeronautical development. Based on the outcome of the demand analysis, the City would decide whether to prepare a comprehensive long-range plan to establish a vision and strategy for Airport development.
AIRPORT COMMISSION
On March 19, 2025, staff presented the Land Use Study to the Airport Commission. The Commission asked questions regarding the process and the next steps. Staff explained the advisory role of the Airport Commission in the preparation and implementation of the four-part development strategy. Additionally, staff provided an overview of the role of the Commission when reviewing specific development proposals in compliance with the Airport Development Policy.
The Commission recommended using language that was more agnostic when discussing the Land Use Study’s next steps rather than focusing on any one aviation technology.
Ultimately, the Commission accepted the report, agreed with the conclusions drawn, and supported staff’s next steps to prepare a four-part development strategy. The Commission further directed staff to prepare a FAQ in response to public comments and questions received at the meeting.
Public Comments
Approximately 15 members of the public provided comments and asked questions at the Commission meeting. Comments varied. Some speakers supported the Study and the four-part development strategy, expressing interest in new technologies, training programs, and increased public safety. Other 469
speakers expressed concerns about noise, safety, air quality, and eVTOL technology.
Some commenters recommended moving forward with a master plan to determine feasibility of non- aeronautical uses at the Airport. Additionally, speakers asked questions about the ongoing PFAS reporting, specific details regarding hanger development, sizes, and locations as well as details regarding the Innovation Center. Finally, speakers requested additional outreach and asked that environmental analysis prepared by local stakeholder groups be included in the Study.
FISCAL AND ADMINISTRATIVE IMPACTS
Preparation of the Airport Land Use Study required staff resources from both the Innovation and Economic Development and Community Development Departments. Consultant costs were approximately $149,000.
In the next phase, Staff will prepare the four-part development strategy with some input from economic development consultants. The development strategy will include evaluation of capital, service, and operational costs compared to potential tax revenues or other revenue streams (lease rents, etc.). The development strategy will assess whether development associated with hangar development, safety complex, innovation center, and AAM technologies can generate sufficient revenue to cover its costs, and/or provide additional benefit to the Airport and the General Fund.
COMMUNITY PILLAR
5: A City that Works
GOAL
14: Develop, operate, and maintain the City's Infrastructure
ATTACHMENTS
1. Airport Land Use Study Memo
Prepared by: Andy Ross
Principal Planner
Approved by:
____________________________________
Marianna A. Burch
City Manager
Fiscal Review by:
____________________________________
Tina Olson
Administrative Services Director
470
Airport Land Use Analysis
& Development Study
Technical Memorandum
Livermore Municipal Airport
DRAFT
November 2024
ATTACHMENT 1 471
C
&S Companies | Airport Land Use Analysis I
[
This page has intentionally been left blank]
ATTACHMENT 1
472
C
&S Companies | Airport Land Use Analysis II
Table of Contents
1 Introduction and Background ......................................................................... 1 Purpos
e ...................................................................................................................................................................... 1 About the Airport .................................................................................................................................................. 1 Study Process .......................................................................................................................................................... 2 2 Community Engagement ................................................................................. 3 3 Analysis .............................................................................................................. 7 Regul
atory Requirements ................................................................................................................................... 7 Site Characteristics and Physical Conditions .......... .................................................................................. 13 Market Setting ........................................ ............................................................................................................. 16 Range of Influencing Factors........................... ............................................................................................... 19 4 Key Findings and Applied Analysis .............................................................. 21 Find
ings and Considerations .......................................................................................................................... 21 Application of Key Findings ........................... ................................................................................................. 22 Airport Land Development Framework .................... .................................................................................. 25 5 Recommendations .......................................................................................... 27 Near-
term Recommendations ....................................................................................................................... 27 Mid-term Recommendations .............................. ........................................................................................... 28 Long-Term Recommendations ............................. ......................................................................................... 29 (Cl
ick the header at any point to return to the Table o f Contents) ATTACHMENT 1
473
C&S Companies | Airport Land Use Analysis III
Figures
Figure 1: Undeveloped Airport Property Holdings........................................................................................... 2 Figure 2: Open House Announcements ............................................................................................................... 4 Figure 3: Open House Community Responses – What is important for the Livermore community over t
he next 20 years? ............................................................................................................................ 5 Figure 4: Open House Community Responses – Use of Airport Property – Aeronautical ................ 6 Figure 5: Open House Community Responses – Use of Airport Property – Airport purpose, mix
ed-use, & non-aeronautical ............................................................................................................ 6 Figure 6: LVK Federal Funding Map for Undeveloped Land ......................................................................... 8 Figure 7: City of Livermore Zoning ...................................................................................................................... 11 Figure 8: Study Area Boundary ............................................................................................................................. 16 Figure 9: Median Household Income for Study Area ................................................................................... 17 Figure 10: Airport Vicinity Traffic Counts ........................................................................................................... 18 Figure 11: Planned or Proposed Projects ........................................................................................................... 18 Figure 12: Airport Land Development Framework ......................................................................................... 26 Tables
Table 1: Site Condition Summary ......................................................................................................................... 14 Table 2: Application of Key Findings to LVK Sites .......................................................................................... 23 Attachments
1. Community Engagement Summary Materials
2. C
ity Council Resolution
3. Leasing and Development Policy
4. Pilot Information Guide
5. Airport Mapping
ATTACHMENT 1
474
C&S Companies | Airport Land Use Analysis 1
1 Introduction and Background
Purpose
The purpose of this study is to provide information to help the City of Livermore understand wha
t physical and site, regulatory, and market conditions exist for undeveloped properties at Livermore Municipal Airport (LVK), and to provide recommendations that support informed decision making about future development and land use at the airport.
About the Airport
Livermore Municipal Airport (Airport or LVK) is owned and operated by the City of Livermore (C
ity) as a division of the Innovation and Economic Development Department. LVK is designated by the Federal Aviation Administration as a General Aviation Reliever1 Airport. General Aviation is
a term that refers to non-airline flight operations; as a GA Reliever Airport, LVK does not provide passenger service on commercial airlines. The airport provides service to non-airline commercial aviation and non-commercial aviation with customers and tenants that include businesses, individuals, and organizations.
The aircraft using Livermore Airport are much smaller than the passenger aircraft typically associated with major commercial airports. Despite its GA status, LVK averages over 180,000 combined takeoffs and landings annually.
LVK and all other airports are part of the national airport system and are highly regulated by the FAA. In addition to design, safety, and environmental standards, FAA holds regulatory jurisdiction over all airport property for which federal funding was used to help pay for acquisition and/or improvements. The FAA regulatory framework is rigid and includes a number of requirements and obligations to sustain a functional national airport system and protect federal investments in the nation’s airports.
With limited exceptions, Livermore Airport property was acquired utilizing federal grant funding and must be used for aeronautical purposes as required by these grants. That said, the FAA does allow airports some degree of flexibility in how to use their land to best support the needs of the civil aviation system, airport tenants, and the broader community. Additional information on federal regulatory requirements can be found in Section 3, Regulatory Requirements of this study.
1 Page 17 of h
ps://crp.trb.org/acrpwebresource2/wp-content/themes/acrp- ch
ild/documents/063/original/ACRP_113_Guidebook_on_General_Avia(on_Facility_Planning.pdf ATTACHMENT 1
475
C&S Companies | Airport Land Use Analysis 2
Study Process
This study examines a set of 14 undeveloped LVK sites, shown in Figure 1, occupying a total of 165 acres of airport property. These sites have potential to accommodate varying land use types based on their individual features and positioning within a range of site and regulatory considerations.
Figure 1: Undeveloped Airport Property Holdings
Community engagement was an essential part of this study. The community engagement process included focus group interviews with diverse community groups, emerging technology companies, flight schools, the fixed-base operator (FBO), pilots, tenants, local businesses, and groups of interested community stakeholders. Additionally, the City of Livermore hosted two open houses to provide information and solicit input from the broader public. To further capture stakeholder insights, the City also posted a survey online. These varied approaches allowed the consultant team and City to document input from a wide range of perspectives and ensure that the assessment reflects the priorities and concerns of key parties.
In addition to the community engagement efforts described above and in Section 2, the project team analyzed each parcel, considering various factors such as physical and environmental conditions, access, locational attributes, and regulatory positioning (Section 3, Physical & Site Context). This information is considered in the context of federal and local regulations ATTACHMENT 1
476
C&S Companies | Airport Land Use Analysis 3
governing land use at LVK (Section 3, Regulatory Requirements), along with the airport’s development-related market context (Section 3, Market Setting).
The analysis considered all information developed through this process to establish findings and prepare an Airport Land Development Framework (Section 4, Key Findings and Applied Analysis). Recommendations to further inform and guide the City and LVK’s future decision making about airport development and land use are provided in Section 5, Recommendations. 2 Community Engagement
C
ommunity and airport stakeholder engagement has been essential to ensure that the perspec
tives and needs of all relevant parties are understood and considered. For this study, the consultant team and the City employed multiple methods of engagement to gather comprehensive feedback. Attachment 1 provides a list of ideas and themes compiled by the consultant and summary of community engagement and feedback prepared by the City of Livermore.
The project consultant conducted focus group interviews with aviation-related organizations, local businesses, and a variety of community groups interested in sharing their perspectives and concerns about the Livermore Airport, its operations, and future use of airport property.
Additionally, the City hosted two open houses to provide information and solicit input from the broader public. To further capture stakeholder insights, the City also posted a survey online.
These varied approaches allowed the consultant team and City to document input from a wide range of perspectives and ensure that the assessment reflects the priorities and concerns of key parties.
Information gathered from focus group interviews was aggregated and incorporated into the study. During the focus group/stakeholder interviews, the project team solicited feedback in order to gather and understand perspectives on a transparent and representative basis. The aim of the interviews was to share project background, understand thoughts and concerns related to the use of airport land, and seek input and ideas regarding the airport area and its future direction. Comments provided by participants were confidential and not recorded to allow participants the opportunity to be completely candid and remain anonymous. Feedback collected was grouped into key themes for the purposes of this study.
City of Livermore staff hosted two in-person open houses to provide information and gather input from the broader public. One event was hosted at the Livermore Public Library and one at the Airport (March 21st and April 9th, 2024). These events provided an opportunity for co
mmunity members to learn about the regulations governing the Airport and provide their feedback on how the Airport can serve the City and residents of nearby communities.
ATTACHMENT 1
477
C&S Companies | Airport Land Use Analysis 4
Participants were asked to indicate their preferred uses and desired outcomes for the Airport as shown in the graphs in Figures 3-5.
Figure 2: Open House Announcements
The Ci
ty also hosted an online survey to collect feedback from members of the broader public who could not attend the open house events. The survey input was compiled and reviewed, with responses considered alongside other channels of feedback.
The varied approaches described above have allowed the project team to document a wide range of perspectives and ensure the study reflects community input. Information gathered through the community engagement process was aggregated into the following themes and topic areas which reflect the feedback the project team received:
• Growth & Development: Stakeholders emphasized the need to manage airport growth responsibly, focusing on addressing demand for new hangars, supportive non- aeronautical possibilities, cost-effective infrastructure improvements, and limiting operations to smaller aircraft while avoiding commercial airlines and cargo services, attending to the 2010 Resolution about airport growth. Additionally, there was a desire to explore the feasibility of non-aeronautical uses such as research and development, workforce development, and other services on the airport property. • Sustainability & Innovation: Opportunities for renewable energy generation (e.g., solar, hydrogen) and aviation research and development were highlighted as well as emerging technologies like Advanced Air Mobility, electric vertical takeoff and landing (eVTOL) aircraft and drones. These operate without emission and have minimized noise profiles but also require infrastructure upgrades for future integration. Addressing environmental justice and environmental impacts, such as wildlife protection and air pollution, were ATTACHMENT 1
478
C&S Companies | Airport Land Use Analysis 5
noted as crucial responsibilities of the airport. Some called for unleaded aviation fuel to be brought to the airport as soon as possible, which has now occurred. • Community & Engagement: Stronger community outreach by the airport is needed on an ongoing basis with suggestions for aviation-related educational programs, such as STEM centers and field trips, increased communication regarding airport activities, events to foster public interaction, and inter-agency coordination within the region. Past issues related to the airport and divisions within the community still influence current dynamics.
• Noise & Safety: Noise management is a key concern, with suggestions for enhanced coordination between the Airport and local realtors to help educate potential homebuyers on the Airport’s noise profile and their exposure to it, noise reporting, pilot education, and overall safety improvements. Additionally, some expressed a desire to curtail future airport development due to concerns about safety, noise, and environmental and health impacts.
The following charts depict the results of the dot polling input provided by attendees in response to questions posed at each of the City-hosted Open House events.
Figure 3: Open House Community Responses – What is important for the Livermore com
munity over the next 20 years?
ATTACHMENT 1
479
C&S Companies | Airport Land Use Analysis 6
Figure 4: Open House Community Responses – Use of Airport Property - Aeronautical
Figure 5: Open House Community Responses – Use of Airp ort Property – Airport purpose, mixed-use, & non-aeronautical
ATTACHMENT 1
480
C&S Companies | Airport Land Use Analysis 7
The valuable input shared through the community engagement process provided the project team a more complete understanding of perspectives and priorities held by the range of participating community members. Generally, the focus groups and broader community desire a range and mix of uses at the Livermore Airport. These insights were considered alongside regulatory requirements and relevant site, market, and industry conditions to develop a framework to inform and guide decisions regarding the balanced development of airport land. 3 Analysis
R
egulatory Requirements
Multiple layers of regulations govern the use and development of airport property at LVK and all ot
her airports that are part of the national airport system. The FAA holds regulatory jurisdiction over an airport’s aeronautical roles and operations, as well as the use of airport property according to the considerations described below. Additionally, local and airport-level land use controls and regulations are in place to manage the use of airport land.
Federal Regulatory Requirements
As part of the national airport system overseen by the FAA, Livermore Airport has received fed
eral funding for property acquisition, various operational and capital improvements, studies, and planning projects. This federal funding comes with obligations, known as grant assurances2, whi
ch require the Airport to adhere to specific regulations and guidelines set by the FAA.
Nearly all LVK property was acquired and conveyed to the City of Livermore with federal funding and participation (see Figure 6 and refer to Table 1 for parcel specific information related to federal funding). Federal funding has been used to construct and improve the airport’s infrastructure and facilities. Accordingly, nearly all LVK property holds federal obligations and falls under FAA regulatory authority.
2 h
ps://www.faa.gov/airports/aip/grant_assurances
ATTACHMENT 1
481
C&S Companies | Airport Land Use Analysis 8
Figure 6: LVK Federal Funding Map for Undeveloped Land
One key aspect of federal grant assurances is that all revenue generated by the Airport must be used for its operation and maintenance. This means that funds generated by the Airport cannot be diverted to other purposes unrelated to airport operations and assets (this does not apply to property tax and sales tax revenue). Additionally, the Airport must prioritize aeronautical and airport purpose uses over mixed and non-aeronautical uses (see descriptions below). Airports must also work with local authorities to institute proper land controls, such as special districts and overlay districts, to prevent incompatible land uses that could affect the safety of the airspace around the Airport.
FAA land use regulations require Livermore and all other airports to categorize their land into four designations: Aeronautical, Airport Purpose, Mixed-Use, and Non-Aeronautical. • Aeronautical: Uses that directly support the operation of aircraft, such as runways, taxiways, aprons, hangars, and other facilities and services related to the storage, maintenance, and fueling of aircraft. Aeronautical use is the highest priority for airport land.
• Airport Purpose: Uses that are related to, but not directly involved in, the operation of aircraft. Examples include aviation terminal buildings, aircraft manufacturing and maintenance facilities, airport user and aeronautical facility parking areas, and aviation- related training facilities.
• Mixed Use: Uses that combine aeronautical and non-aeronautical activities. Examples include air cargo or research & development facilities whose use involves aircraft ATTACHMENT 1
482
C&S Companies | Airport Land Use Analysis 9
movement, but also include warehouse, office, or other space or facilities used for non- aeronautical purposes.
• Non-Aeronautical: Uses unrelated to aviation that do not support aircraft operations.
Examples can include commercial developments like shopping centers, hotels, and office buildings.
Aeronautical and airport purpose uses are given priority for the use of federally obligated airport land and other airport land for which a use affects aircraft movements or safety. Federally obligated land effectively holds an aeronautical use designation by default. In circumstances where an airport is approached with a mixed use or non-aeronautical development proposal, or if an airport wishes to use a portion of its land for one of these use categories, FAA regulations allow the airport to request approval for a change in use. In such cases, the airport must demonstrate that the subject property is not needed to accommodate current or future aeronautical demand over an extended timeframe. A forecast of aeronautical demand is used to support the assessment and review of airport land needed to support an airport’s aeronautical needs.
If all criteria are met, the FAA may grant approval for a change in use for a specified timeframe – typically 30-50 years depending on the proposed use and circumstance. The FAA must also approve changes to the Airport Layout Plan (ALP) associated with a project or change in use. All federally obligated LVK property is subject to FAA oversight, and changes in airport land use to mixed-use or non-aeronautical designations must be approved by the FAA.
Airport land use planning and development involve a comprehensive understanding of various factors such as site-specific conditions, regulatory requirements, safety implications, community needs, financial considerations and economic development. Planning tools used by airports to inform land use and development decisions, and support regulatory approval processes, include airport master planning and maintaining an accurate and current airport layout plan. both tools are described below.
Airport Master Plans
Long-range, airport-wide planning is required for airports that receive FAA funding and is most often accomplished through an Airport Master Plan (Master Plan). The Master Plan is a comprehensive study that articulates an airport's development plans over a period of time, usually 20 years, through a thorough process that evaluates current conditions, current and future needs, identifies options to meet those needs and requirements.
Public engagement is both required and essential for the preparation of a Master Plan. Among other elements, the Master Plan typically includes a forecast of aviation demand, establishes airport needs and facility requirements, identifies projects and funding necessary to support airport needs over the planning timeframe. Relative to land use decisions and FAA approval ATTACHMENT 1
483
C&S Companies | Airport Land Use Analysis 10
processes, the aviation forecast component of an AMP, along with airport-wide use planning, can be used to provide a basis for the airport to demonstrate its need for property to support aeronautical uses.
Conversely, this information can be used to demonstrate a lack of need for airport property to support aeronautical uses, a foundational requirement by FAA to consider approval of mixed or non-aeronautical use under their review. LVK is without a recent or relevant Airport Master Plan; the last master plan on record was conducted four decades ago, and a more recent effort last decade was not completed.
Airport Layout Plans
Airports are federally required to maintain an Airport Layout Plan (ALP). The ALP is a detailed graphical and written plan providing a “blueprint” for the development of an airport. It typically includes current and future airport facilities and infrastructure, safety areas, current and future land use, property acquisition and funding information, environmental impacts, and airspace considerations. An airport’s ALP serves as a crucial planning tool that guides the orderly development of airports and ensures compliance with safety and operational standards. The ALP is subject to FAA approval and is updated periodically to reflect changes to the airport; the ALP should be updated and submitted to the FAA as changes to land use or development is proposed for regulatory review and approval. The most recent version of the ALP made available to the consultant team was dated 2014.
Local Regulatory Setting
General Plan
The
Livermore General Plan establishes a range of goals and policies regarding the Airport. The General Plan’s policies foundation by which Airport’s development plans fit within the broader community land use plan, essentially ensuring that the Airport’s growth and operations align with the overall vision for the surrounding area, including considerations like noise mitigation, land use compatibility, safety, and community impact assessments within the Livermore General Plan.
Livermore Development Code
Airport operators and local governments must carefully consider land use compatibility to ensure the safety, efficiency, and long-term viability of the airport, the safety and comfort of its surrounding areas, and to coordinate with local plans. The municipal zoning code is a mechanism to provide and enforce land use controls throughout a jurisdiction, including airport property. City of Livermore zoning and related General Plan land use designations provide a layer of land use regulation in addition to the federal regulatory context described above.
ATTACHMENT 1
484
C&S Companies | Airport Land Use Analysis 11
Proposed uses on airport land that are inconsistent with local zoning would require a zone change or use approval.
Figure 7 below shows City of Livermore zoning designations for the LVK property.
Figure 7: City of Livermore Zoning
City of Livermore Resolution No. 2010-058
The City Council of Livermore enacted Resolution No. 2010-058 for LVK which addresses development at LVK in line with the City’s General Plan. This resolution aims to ensure that the land uses at and surrounding the Airport are compatible with its operations, safety, and development needs. The resolution reflects the City’s commitment to supporting long-term viability of the Airport while maintaining the quality of life for residents in the surrounding area.
Elements of the resolution include:
• Future development at the Airport shall only occur in response to existing aviation demand. Whether demand exists shall be evaluated by the Airport Advisory Commission, and shall be based on tangible evidence, such as the existence of a hangar waiting list, letters of interest or proposals to provide essential aeronautical services to avoid the need for based aircraft having to fly to other airports to receive those services, or services determined to be supportive of the local community, such as law enforcement or emergency medical transport.
ATTACHMENT 1
485
C&S Companies | Airport Land Use Analysis 12
• The City does not intend to extend the existing runways. • In cooperation with other Tri-Valley Cities, the City will conduct periodic noise monitoring activities and report these activities to local elected Boards at least once every two years.
The full policy resolution is provided in Attachment 2.
Leasing and Development Policy
The Leasing and Development Policy for LVK, adopted by the City of Livermore in 2023, provides detailed guidance for how development and leasing can occur at the Airport. According to this document, the purpose is to “set forth processes and procedures to evaluate and approve or reject proposals related to the leasing and/or development (including construction, modification, and/or renovation) of aeronautical and non-aeronautical land and/or Improvements within the legal boundaries of the current Airport Layout Plan (ALP) for the Livermore Municipal Airport (Airport).”
Elements of the Leasing and Development Policy include:
• Detailed requirements, procedures, and criteria are laid out for leasing or development activity pursued by the City and others such as private parties. • Public engagement is required as part of the City’s approval process, and an applicant must prepare and adhere to a Public Engagement Plan.
• Possible grounds for rejecting an application or proposal are listed. This section incorporates Resolution No. 2010-058 by reference (see above) and includes a number of additional criteria that may be used to reject an application or proposal at the City’s discretion.
The complete Leasing and Development Policy is provided in Attachment 3.
Airport Noise
In accordance with federal law, the City is prohibited from imposing restrictions or regulations on airport access based on the kind, type, or class of aircraft that can safely operate at Livermore Airport. As such, all aircraft meeting the necessary safety standards are permitted to utilize LVK facilities.
LVK recognizes the importance of addressing community concerns regarding noise levels. The Airport has implemented a Voluntary Restraint from Night Flying policy to mitigate nighttime disturbances.
Under this policy, aircraft operators, especially those of jet aircraft, are strongly encouraged to adhere to the designated "Livermore Airport Voluntary Restraint from Night Flying Time Period," ATTACHMENT 1
486
C&S Companies | Airport Land Use Analysis 13
which spans from 10:00 p.m. to 6:00 a.m. local time. During this period, aircraft operators are requested to refrain from flying, thus minimizing noise disruptions to the surrounding community. Airport staff provides pilots with a Pilot Information Guide that contains the noise abatement procedures and the voluntary restraint from night flying policy. This guide is provided as Attachment 4.
Site Characteristics and Physical Conditions
Key conditions affecting the development potential of available LVK sites were documented and as
sessed as part of a screening process to identify use opportunities on the Airport properties being examined. Conditions assessed for each site include various physical, environmental, access, locational, and regulatory factors affecting future use potential for each site. Attachment 5 provides a series of maps illustrating a variety of environmental and regulatory site conditions.
Table 1 summarizes key conditions for each site.
ATTACHMENT 1
487
C&S Companies | Airport Land Use Analysis 14
Table 1: Site Condition Summary
Site
# Acres Current Use Location & Access – Landside Airfield Access Federal Funding ALP Designation Zoning
Designation
General Plan
Land Use
Designation
Environmental - Water &
Flood Zones Adjacencies
1 1.2 Planned
development of
gas station
North corner site between Kitty Hawk
Rd and the on ramp to 580
No Yes – Portion of
property AIP 9-
04-134—0501
Planned
Development (PD-
INSP)
Mixed Use – Isabel
Neighborhood
Specific Plan
None 580 ramp and Kitty Hawk Road.
2 5.3 An undeveloped tear drop site located
North of Airway Blvd.
No No Non-Aviation
Revenue Support
(RS)
Planned
Development (PD-
INSP)
Mixed Use – Isabel
Neighborhood
Specific Plan
AO – 100 Year Flood Zone,
Shallow Flow. Arroyo Las Positas
stream runs along the outside of
this parcel
Situated between Airway Blvd to the
west and southwest and Arroyo Las
Positas stream to the north and
east. There are other adjacent
commercial developments and
eateries nearby.
3 2.8 Undeveloped site between the parking
lot on Terminal Circle and Club House
Drive
No Yes – AIP 9-04-
134-0501
Aviation
Development (AD)
Airport (AIR-SE) Community
Facility
Portion of this parcel is AO – 100
Year Flood Zone, Shallow Flow
LVK Terminal Building, Five Rivers
Aviation (FBO), public parking lot
(with solar mounted sunshades, Las
Positas Golf Course. Situated
between Terminal Circle, Club
House Dr., and Airway Blvd.
4 1 Rectangle site to the directly east of
the terminal building on Airway Blvd.
Old Administration Building
Yes Yes – AIP 9-04-
134-0501
Aviation
Development (AD)
Airport (AIR-SE) Community
Facility
None LVK Terminal Building and the ATCT.
Landside access to Terminal Circle.
5 5.7 Large rectangle site west of Fire
Station 10 off Airway Blvd.
Undeveloped land with its own apron
Yes Yes – AIP 9-04-
134-0501
Aviation
Development (AD)
Airport (AIR-SE) Community
Facility
None Fire Station 10, Taxiways J and A,
and landside access to Airway Blvd.
6 0.8 and
0.4 Two small rectangle sites south of the
Northeast hangars and Fire Station 10.
Located within the RPZ.
Yes Yes – AIP 9-04-
134-0501
Aviation
Development (AD)
Airport (AIR-SE) Community
Facility
None Fire Station 10, Northeast hangars,
and Taxiway J and A adjacent.
7 9.9 Undeveloped site with a concrete pad
to the west of the water resources
facility off W. Jack London Blvd
Possibly Yes - AIP 3-06-
0123-02
Aviation
Development (AD)
Airport (AIR-SE) Community
Facility
None West of the Southeast Hangars,
could possibly have access to
Taxiways B and K. Also, adjacent to
the Water Resources Facility and
Gillig.
8 31.2 Large undeveloped rectangular site
east of the Southwest Apron, west of
Yes Yes – AIP 3-06-
0123-01
Aviation
Development (AD)
Airport (AIR-SE) Community
Facility
None Taxiway L, R, Q, P adjacent and
roadway access to W. Jack London
Blvd.
ATTACHMENT 1
488
C&S Companies | Airport Land Use Analysis 15
the Southeast hangars, and north of
W. Jack London Blvd.
Site
# Acres Current Use Location & Access – Landside Airfield Access Federal Funding ALP Designation Zoning
Designation
General Plan
Land Use
Designation
Environmental - Water &
Flood Zones Adjacencies
9 8.6 Undeveloped square site west of the
Southwest Apron and north of W. Jack
London Blvd.
Yes Yes – AIP 3-06-
0123-01
Aviation
Development (AD)
Airport (AIR-SE) Community
Facility
None Taxiway L adjacent and roadway
access to W. Jack London Blvd.
10 27.7 Currently short-
term lease with a
local auto dealer
as an overflow
lot.
Large undeveloped site. Some gravel
base. Half of the parcel is in the RPZ.
Yes
Yes - AIP 3-06-
0123-03 and 3-
06-0123-10
Non-Aviation
Revenue Support
(RS) and Airfield
Operations (AO)
Half Airport (AIR-SE)
and half Open Space
Agriculture (OS-A)
Half Open Space
and half
Community
Facility
Half of the parcel is in AE – 100-
year Flood Zone
Long site that follows the curve of
W. Jack London Blvd of the west
side of Runway 7 ends. South of the
Las Positas Golf Course. Partial
gravel lot.
11 6.1 Small undeveloped triangle site south
of W. Jack London Blvd off the Runway
7 end
No Yes - AIP 3-06-
0123-03
Non-Aviation
Revenue Support
(RS)
Airport (AIR-SE) Community
Facility
None Adjacent to agricultural land and the
gravel pits to the south.
12 40.3 Large undeveloped site to the west of
W. Jack London Blvd. And to the west
of the Las Positas Golf Course.
No Yes – AIP 3-06-
0123-12 and 3-
06-0123-11
Non-Aviation
Revenue Support
(RS)
Planned
Development (PD-
ECSP-OS)
El Charro Special
Plan
Open Space AE – 100-year Flood Zone.
Arroyo Las Positas stream runs
along the northern part of this
parcel
Adjacent to agricultural land and the
Arroyo Las Positas stream.
13 14.9 Large undeveloped site to the
southwest of W. Jack London Blvd.
And to the west of the Las Positas Golf
Course.
No Yes – AIP 3-06-
0123-13, 3-06-
0123-12, and No
(portion was a
part of a land
swap)
Non-Aviation
Revenue Support
(RS)
Planned
Development (PD-
ECSP-OS)
Open Space AE – 100-year Flood Zone.
Arroyo Las Positas stream runs
along the southern part of this
parcel
Adjacent to The Shops at Livermore
and the Arroyo Las Positas stream.
14 9.1 Square parcel situated between W.
Jack London Blvd, Wolf House Dr., and
the Livermore Outlets.
No Yes – AIP 3-06-
0123-13 and 3-
06-0123-12
Non-Aviation
Revenue Support
(RS)
Planned
Development (PD-
ECSP-OS)
Open Space AE – 100-year Flood Zone Near the parking lot for the Livermore Outlets and a strip mall
with hotels and convenient eateries.
Source: various public documents; C&S Companies compilation ATTACHMENT 1
489
C&S Companies | Airport Land Use Analysis 16
Market Setting
To gain an understanding of local market area and conditions, the consultant team defined a st
udy area around LVK, shown in Figure 8. The study area was established based on a review of real estate submarket data, transportation network, jurisdictional bounds, and the Airport Land Use Compatibility Plan for LVK. Because the Airport is in the western part of the City of Livermore, areas of Dublin and Pleasanton have been included in the study area. The following section highlights several key factors pertinent to the screening process.
Figure 8: Study Area Boundary
Source: C&S Companies, 2024
The
project team reviewed key socioeconomic characteristics, prevailing development patterns, local traffic data, and market conditions and trends for office, industrial, flex, retail, and hospitality sectors. Analysis of these factors within the study area helps identify what opportunities and constraints may exist in the marketplace, which in turn, informs what may be possible for airport property from a market perspective during the screening process and analysis.
ATTACHMENT 1
490
C&S Companies | Airport Land Use Analysis 17
Figure 9: Median Household Income for Study Area
So
urce: ESRI Demographics, C&S Companies
Fi
gure 9 illustrates the geographic distribution of median household incomes across the study area. It features a map with color-coded areas, where different shades represent varying income levels. The red shaded areas illustrate lower median household incomes, while green shaded areas represent higher median household incomes. Overall, the figure serves as a visual tool to quickly understand and compare the economic disparities and wealth distribution across the study area.
Figure 10 depicts average annual daily trips (AADT) traffic counts on roadways in the airport vicinity. The traffic counts indicate how heavily traveled the interstate system is, creating opportunities for “roadside retail” of a quick access/convenience nature. Jack London Blvd. immediately south of the airport has significantly less traffic, which while not conductive to supporting retail business models, may support truck and heavier vehicle traffic already given the industrial concentrations along it. With seven industrial and/or distribution developments proposed south of the Airport, truck traffic along this route could potentially grow more congested.
ATTACHMENT 1
491
C&S Companies | Airport Land Use Analysis 18
Figure 10: Airport Vicinity Traffic Counts
Source: CoStar Group, AADT dated 2022
There
are a number of projects proposed, in final planning, or under construction in each of the three Cities within the study area, as depicted in Figure 11.
Figure 11: Planned or Proposed Projects
So
urce: CoStar Group; C&S Companies
ATTACHMENT 1
492
C&S Companies | Airport Land Use Analysis 19
Multiple light industrial and distribution projects are proposed or in final planning stages throughout the study area. All but one of these projects are located within the City of Livermore; the other proposed industrial project is in Pleasanton. In 2024, the south side of Jack London Boulevard was annexed into the City (across the street from the Airport’s south side) and now allows for industrial uses. Additionally, construction has begun on a logistics facility south of the Oaks Business Park, west of Isabel Avenue. Furthermore, multiple commercial retail projects are also in final planning stages or have been proposed in the study area which include small scale retail spaces and hotel/hospitality development. Finally, interest in solar energy development has been noted for airport property, including rooftop and ground-mounted systems.
Range of Influencing Factors
Beyond existing conditions and requirements impacting airport land, there are a number of ot
her important inputs and influencing factors that must be considered when evaluating if and how airport land can be utilized. These influencing factors help identify opportunities and constraints to ensure the use of available LVK sites is suitable within the complex regulatory, environmental, and community context of airport operations.
City Responsibilities and Goals for the Airport
• Operate the airport in accordance with the obligations and assurances that accompany F
AA grant funding.
• Generate additional sources of revenue through the efficient and compliant use of Airport land to support airport self-sustainability, one of the federal grant assurances, and support fiscal health of the City.
• Balance Airport operations and revenue production with community needs and perspectives.
o Although the Airport is an established part of the national air transportation network, many residents have expressed concerns about Airport-related noise, air quality, and other conditions that potentially impact their perceived quality of life. Therefore, decisions regarding the future use of Airport land should thoughtfully consider the implications to the broader community.
o The Livermore community and broader region stand at the forefront of technological research and development. The Airport may be positioned to embrace emerging aviation technologies. The City of Livermore has been actively :
Working to bring unleaded fuel for aircraft to the airport as commercial availability materializes,
promoting the use and development of alternative fuels at the Airport, facilitating electric aircraft,
and positioning Livermore within regional advanced air mobility (AAM) networks.
ATTACHMENT 1
493
C&S Companies | Airport Land Use Analysis 20
o Many of these operations could reduce the level of noise, air quality, and other impacts experienced in the broader community.
Airport User Needs
• There is currently a multiple-year waitlist for hangar space of all types at the Airport, i
ncluding existing tenants and airport users. Turn-over rates for hangar occupancy vary according to the type of hangar space. Airport users have indicated that additional hangar space would help meet personal, educational, and business aviation needs. Hangar space is classified by the FAA as aeronautical use.
• Continued and increased awareness of community sensitivities and ways for Airport users to reduce negative impacts experienced in neighborhoods surrounding the Airport. • Access to unleaded and alternative fuels and infrastructure that enable and encourage the use of new, more sustainable aviation technologies.
Community Perspectives
• The broader community holds a wide range of perspectives and priorities related to the f
uture use of Airport land.
• Airport users generally support Airport operations and hold interest in its continued improvement in aviation services and growth.
• Individuals and community groups have expressed concerns about impacts associated with the Airport, which they feel diminish their quality of life. These include noise, air quality, and other issues which have been expressed to the City without clear and coordinated response or resolution. These concerns should be considered when making any decisions related to future use of undeveloped Airport land.
Airport-Community Synergies
• Airports can do much more than simply support the air transportation network; they can s
erve roles that engage and strengthen their communities. Suggested uses from participants in the outreach process for this effort included:
o Education: Aviation-related job training; partnerships with local or regional colleges and universities; youth programming and outreach
o Public Services: Museums, recreational, conservation, and other uses intended for public access and benefit
• Environment: Airports can play leading roles in advancing sustainability. o Embrace cleaner and alternative fuels
o Encourage the use of energy-efficient and environmentally friendly aircraft through policy, design, and land use
o Conserve existing habitat and open space on property with limited development potential
• Support Emerging Technology:
ATTACHMENT 1
494
C&S Companies | Airport Land Use Analysis 21
o The Bay Area and surrounding region is positioned to support an Advance Air Mobility (AAM) network featuring small electric aircraft that will transport passengers among communities throughout the region.
o LVK holds potential to leverage local and regional research & development capacity for aviation-related applications.
4 Key Findings and Applied Analysis
Fi
ndings and Considerations
A number of important findings and considerations have been identified as a result of this ana
lysis. These findings help identify composite constraints and opportunities for the subject airport properties, based on the thoughtful consideration of regulatory requirements, site characteristics and physical conditions, market context and various influencing factors described above. Key findings of the analysis are summarized as follows.
1. Federal funding has been used to buy or invest in nearly all Airport property, which comes with legal requirements for the use of airport land called federal obligations. This means strict rules are in place for this land to be used only for aeronautical and airport purposes.
2. Livermore Airport is obligated to continue operating as an airport, and aeronautical uses are prioritized above all other uses as a federal requirement.
3. A variety of community perspectives exist, and the City should seek to meet airport development needs and benefit creation while managing the impacts experienced in the community.
4. Substantial hangar demand exists. Hangar development would enable a number of airport users to base aircraft at LVK rather than commuting in and out.
5. The supply of available off-Airport land for new development is limited in the vicinity of LVK. There may be a market for light industrial property to support advanced manufacturing or warehousing & distribution operations, particularly on the airport’s south side. Interest in solar energy development has been noted, including rooftop and ground-mounted systems. Some preference for the rooftop-mounted type was expressed by members of the public in order to preserve open land.
6. There is a shared mutual interest in using airport property in ways that benefit the broader community beyond aeronautical users.
7. Per FAA regulations, airport property that is not needed for aeronautical use now or in the future can be used for other purposes. Regulatory processes require the airport to demonstrate that this land is not needed to meet its aeronautical needs.
While the previous findings are certainly important, the following is the most significant finding from this land use analysis given the impact it has on airport land use and development in total, ATTACHMENT 1
495
C&S Companies | Airport Land Use Analysis 22
including aeronautical and airport purpose development accommodation and whether other non-aviation uses can be considered at all for development on airport property.
8. LVK does not have the information necessary to fully know or demonstrate its foreseeable aeronautical needs/demands – or the facility, infrastructure, and property needs associated with those needs – which also means residual property cannot be fully identified and considered for other uses, including certain types of educational facilities strongly preferred by community input.
In other words, any mixed use and/or non-aeronautical uses of airport land are conditional and can only be considered once the necessary information is available.
Application of Key Findings
Table 2 summarizes the application of key findings at the property level with regard to reg
ulatory, physical, and environmental conditions; future use considerations; and notable relevant factors.
Sites are assigned to functional groups for this summary table according to shared characteristics or positioning, and site numbers correspond to the labeling used in Figures 1 and 12 and mapping provided in Attachment 5.
ATTACHMENT 1
496
C&S Companies | Airport Land Use Analysis 23
Table 2: Application of Key Findings to LVK Sites
Sites Key Conditions Important Considerations for
Future Use
Relevant Factors
1 o Site 1 was acquired with
federal/FAA funding involvement.
o Zoned for Planned Development
(PD-INSP) which allows various
commercial uses.
o No apparent environmental
constraints, i.e. not located in flood
zone.
o For Site 1, the proposed gas station is
a non-aeronautical use that requires
FAA land use approval.
o A zone change or permit would be
required if the use is not allowed by
right under the Planned Development
zoning designation.
o Gas station development has
been proposed for Site
3-9,
10E,
11 o All sites were acquired with
federal/FAA funding involvement.
o Aeronautical designation on current
ALP.
o Airfield access.
o Airport (AIR-SE) zoning.
o Utility service needs depending on
site.
o No apparent environmental
constraints, i.e. not located in flood
zone.
o Aeronautical use is required and
federally obligated on such properties.
o Any proposed change to a use that is
not aeronautical or airport purpose
(meaning mixed-use or non-
aeronautical) would require FAA
approval for a change in land use for a
specified period of time.
This approval requires the Airport to
first demonstrate that such property is
not needed for any aeronautical or
airport purpose use now or in the
future. An aviation forecast with
applied facility requirements may be
used to demonstrate aeronautical
need or lack thereof; this type of
analysis is often conducted in an
Airport Master Plan.
o FAA approval for mixed- or non-
aeronautical use would also require
LVK to demonstrate that a proposed
use:
Would not affect “needed
aeronautical facilities”
Provides a “net benefit to civil
aviation”
Is compatible with the “needs of civil
aviation”
Uses must be allowed by right under
the Airport zoning designation or
otherwise require a zone change or
permit.
o Current regulatory context
requires aeronautical or airport
use.
o Revenue production through
aeronautical leasing and
operations.
o Significant community interest
in noise, air quality, and other
environmental conditions
which could be exacerbated by
changes in the volume or
nature of aeronautical
operations.
o Non-aeronautical or mixed use
would require FAA approval
and demonstration that site(s)
are not needed for
aeronautical or aviation
purposes.
o Market demand exists for
hangar development; interest
has been expressed in solar
power generation.
ATTACHMENT 1
497
C&S Companies | Airport Land Use Analysis 24
Sites Key Conditions Important Considerations for
Future Use
Relevant Factors
2,
10W,
12-
14 o Site 2 was acquired using local
funds; all others acquired with
federal/FAA funding involvement.
o Non-Aviation Revenue Support
designation on current ALP.
o Site 2 zoned for Planned
Development (PC-INSP); all others
zoned for Open Space (PD-ECSP-
OS).
o Located within the 100-year flood
zone – serious development
constraint.
o Site 2 holds no federal obligations and
is not subject to FAA regulatory
authority including approval of a
change in use.
o Sites 10W, 12, 13, and 14 are federally
obligated and any proposed use that
is not aeronautical or airport purpose
(meaning mixed-use or non-
aeronautical) would require FAA
approval for a change in land use for a
specified period of time.
o Flood zone coverage is a serious
constraint to future development.
Costly mitigation and environmental
review processes would be necessary
to enable future development on
these sites, if possible at all.
o Uses must be allowed by right under
the Open Space zoning designation or
otherwise require a zone change or
permit.
o No development is
recommended due to location
within the 100-year flood zone.
o Disturbance of stream, riparian,
wetland, grassland, forest, and
agricultural uses should be
avoided.
ATTACHMENT 1
498
C&S Companies | Airport Land Use Analysis 25
So, what does this all mean?
Key
takeaways:
• The airport holds federal obligations to serve air transportation as its foremost priority, but also holds some flexibility to align its purpose and development with community needs.
• The City of Livermore, with the engagement of a broad spectrum of community segments, has an opportunity to establish a vision and set direction for how the Airport fulfills its role as an airport in the national aviation system, complies with its federal obligations, and meets its responsibility as essential community infrastructure and an economic anchor.
• Land use decisions must consider Airport role and user needs, regulatory context and critical planning required by FAA, local land controls and agreements in place such as the 2010 Resolution, airport site (physical) conditions, community segment perspectives, as well as local market dynamics.
• The Airport is missing required information which means certain decisions regarding land use on airport land are not able to made until such as time as the information is available.
Taken as a whole, the findings from this analysis and these key takeaways provide a framework to support decisions regarding airport land use, informing recommendations and next steps in order to have the information needed to even consider certain land uses and possible compatible development in the future.
Airport Land Development Framework
An Airport Land Development Framework was prepared to illustrate potential development di
rections or opportunities for the LVK sites evaluated for this study. This framework, provided in Figure 12, links the sites to potential FAA use designations and development opportunities while noting key site and regulatory conditions that must be considered and/or addressed as the City of Livermore makes decisions regarding land use and development.
ATTACHMENT 1
499
C&S Companies | Airport Land Use Analysis 26
Figure 12: Airport Land Development Framework
ATTACHMENT 1
500
C&S Companies | Airport Land Use Analysis 27
5 Recommendations
This study is intended to guide the City of Livermore on the criteria, constraints, and oppo
rtunities that exist for undeveloped Airport property. This assessment serves as a resource, which identifies the range of use possibilities for a given site, key conditions affecting future use potential, and anticipated processes and/or next steps needed to advance goals.
The City of Livermore’s planning for future Airport operations, land use, and interactions with the community is a complex, ongoing endeavor that will extend into the coming years. The following strategies and actions are recommended as part of this ongoing process.
Near-term Recommendations
• Eva
luate specific demand for hangar space based on current waiting lists and with reference to Resolution No. 2010-058, which identifies hangar waiting lists as evidence of demand for consideration by the Airport Advisory Commission relative to airport development. As warranted:
o Use the Land Use Development Framework to guide location decisions according to the format and land area needed to meet demand.
o Pursue limited allowable leasing and development to meet demand according to 2023 LVK Leasing and Development Policy.
• Verify current Airport Layout Plan (ALP) status and consider need for updates reflecting current conditions, if applicable.
• Confirm all Airport property transactions, funding and FAA use approvals are consolidated, clearly recorded and maintained as such; if not, establish practices accordingly.
• Establish a vision for the future of LVK to reflect its role and responsibilities within the national aviation system and incorporating a variety of perspectives from the aeronautical, civic, and broader community at large – can be completed as part of Airport Master Plan.
• Complete a forecast and application of results (known as facility requirements) in order to support assessment of comprehensive demand for aeronautical land use and/or ALP set update – recommend completing as part of an Airport Master Plan in order to maximize effectiveness and benefit.
o Establish an updated 20-year forecast of aviation demand for LVK. o Apply the aviation forecast to the following airport requirements:
Facilities
Infrastructure
Land area to support aeronautical and airport purpose uses; residual land, which can then be considered for opportunities for non-aeronautical or mixed use.
ATTACHMENT 1
501
C&S Companies | Airport Land Use Analysis 28
• Identify and implement best practices to address operations during sensitive hours, touch-and-gos, approach elevations, etc.
• Provide established forums and programming for ongoing community outreach and interaction; establish and adhere to policies for communication with interested residents.
Mid-term Recommendations
• Conduct a comprehensive Airport Master Plan Update in order to efficiently and effectively:
o Establish a long-term vision for LVK and its place in the community and region (generally 20 years).
o Provide an understanding of the airport’s facility requirements and capital programming to support these needs.
o Develop a strategic framework to guide LVK according to vision while balancing the priorities of the City as airport sponsor with those of the broader community. • Include the following components in the Airport Master Plan:
o Robust, transparent, and meaningful public engagement program o Aviation demand forecast (FAA approves 10-year forecast; 10 – 20-year timeframe is necessary for planning)
o Facility requirements (which applies the results of the forecast to identify facility needs for aeronautical use and reserve land for such purposes) o Alternatives analysis
o Airport Layout Plan (ALP) update (approved by FAA)
What’s important to know about an Airport Master Plan?
A few important considerations as to why a Master Plan could prove helpful at the Airport:
• A functional result of the Master Plan is defining the land areas and sites needed to support aviation needs while conversely establishing areas for mixed or non-aeronautical use in locations not needed to support aviation needs.
• While the FAA does not require that airports complete an Airport Master Plan, the federal agency does require that essential airport planning occurs, as it is critical input to the ALP and supports the airport in meeting its federal obligations. • Airports and the FAA have generally utilized the Master Plan as an effective and efficient vehicle for accomplishing essential planning work, as well as relevant analysis and supportive activities aligned to the situation and goals. • The FAA will fund eligible costs of a Master Plan, which varies in total cost based on the airport, its role and operations, the magnitude of issues and deferred planning, among other factors. A Master Plan for a general aviation airport can range from $500,000 to $2M depending on the complexity of issues and how current the previous planning documentation is found to be.
ATTACHMENT 1
502
C&S Companies | Airport Land Use Analysis 29
Long-Term Recommendations
• Use t
he LVK Airport Master Plan outcomes to guide future land use and development decisions based on this comprehensive, community-informed and FAA-reviewed plan. • Continue to revisit the Airport Master Plan periodically and update in response to evolving airport and community needs in the future.
• Update Airport Land Development Framework in accordance with Airport Master Plan.
ATTACHMENT 1
503
Attachment 1 – Community Engagement
Summary Materials
ATTACHMENT 1
504
Stakeholder Engagement Feedback
• Less congested airspace
• Fu
el
o Compeve fuel pricing
o Unleaded vs low lead
o Engine issues with the switch
o City should ban leaded fuel immediately
• Hangar space
o Develop new hangars
What is the process to submit proposals?
o Manage current hangars smartly
o Waitlist is LONG
• Opportunies for industry synergies
o Renewable energy generaon (solar or hydrogen)
o Find opportunies for R&D
• Community engagement
o More communicaon to the community
o STEM (or STEAM) center
o Field Trips to the Airport
o Airport Museum
o Environmental Jusce (not disproporonately impacng one community over another) • Noise
o Coordinaon with realtors
o Noise disclosure reports
o Noise reporng during commission meengs
o Re-educaon to pilots on curfew, noisily flying, pa0ern flying, etc. • eVTOL and/or drone
o Understand electrical infrastructure needs
o Air Taxis are needed
• Polical
o Off Airport: Managing expectaons of the Tri-Valley (Livermore, Dublin, and Pleasanton) o On Airport: them vs us mentality
o KaiserAir sll haunts the airport
• Interacon with Airport
o Community events at Airport
Airshows, hot air balloon events, etc
o Increase communicaon to pilots, owners, operators, and users of airport space • Cost
o Cost of developing the land (ulity infrastructure and hangar development) • Environmental
o Wildlife habitats
o Floodplains
ATTACHMENT 1
505
o Polluon/GHG Emissions
o Impact from other water resources
• Airport Services
o Job Creaon/workforce training – aviaon specific fields Partnerships with local colleges
o Promote Young Eagles Program
o Aircra> Maintenance
o Emergency Response Program
• Quesons regarding LVK connued operaon
o Keep it small
o Alternave uses for Airport property
o No cargo or large jets
• Safety Concerns
o Arrival and departure heights
ATTACHMENT 1
506
Community Engagement and Feedback Summary
Community and Airport stakeholder engagement is critical to ensure that the perspectives and needs of all relevant parties are considered and addressed.
For the Airport Land Use Study, the project team employed multiple methods of engagement to gather comprehensive feedback. Engagement methods included:
• Focus group interviews with aviation-related organizations, local businesses, and a variety of community groups interested in sharing their perspectives and concerns about the Livermore Airport, its operations, and future use of airport property.
• Two open houses, which enabled the project team to provide information and gather input from the broader public.
• Online survey to gather information from the broader community who were unable to attend an open house event.
• A dedicated email address for community members to share additional feedback related to the Airport Land Use Study
These varied approaches allowed the project team to document a wide range of perspectives and ensure that the Airport Land Use Study reflects community input and devises responsive next steps. The goal of the engagement activities was to share project background, understand thoughts and concerns related to the use of airport land, and seek input and ideas regarding the future direction of the airport in terms of development, use, and operation.
Information gathered through the community engagement process was aggregated into the following themes and topic areas which reflect the feedback the project team received:
• Growth & Development: Stakeholders emphasized the need to manage airport growth responsibly, focusing on addressing demand for new hangars, supportive non-aeronautical possibilities, cost-effective infrastructure improvements, and limiting operations to smaller aircraft while avoiding commercial airlines and cargo services, attending to the 2010 Resolution about airport growth. Additionally, there was a desire to explore the feasibility of non-aeronautical uses such as research and development, workforce development, and other services on the airport property.
ATTACHMENT 1
507
• Sustainability & Innovation: Opportunities for renewable energy generation (e.g., solar, hydrogen) and aviation research and development were highlighted as well as emerging technologies like Advanced Air Mobility, electric vertical takeoff and landing (eVTOL) aircraft and drones.
These operate without emission and have minimized noise profiles but also require infrastructure upgrades for future integration. Addressing environmental justice and environmental impacts, such as wildlife protection and air pollution, were noted as crucial responsibilities of the airport. Some called for unleaded aviation fuel to be brought to the airport as soon as possible, which has now occurred.
• Community & Engagement: Stronger community outreach by the airport is needed on an ongoing basis with suggestions for aviation-related educational programs, such as STEM centers and field trips, increased communication regarding airport activities, events to foster public interaction, and managing political expectations with the region. Past issues related to the airport and divisions within the community still influence current dynamics.
• Noise & Safety: Noise management is a key concern, with calls for enhanced local realtor coordination, noise reporting, pilot education, and overall safety improvements. Additionally, some expressed a desire to curtail future airport development due to safety, noise and concerns about environmental and health impacts.
The valuable input shared through the community engagement process t has provided the project team a more complete understanding of key considerations and priorities held by the range of participating community members. These insights will be utilized alongside regulatory requirements and relevant site, market, and industry conditions to develop a framework to guide future development of airport land and related assets.
Based on this, a forthcoming technical analysis will serve as a diagnostic tool and inform further action:
• Articulate the complex set of requirements inherent to the Airport. • Identify existing opportunities and constraints.
• Recommend immediate next steps for the use of airport property.
ATTACHMENT 1
508
• Create a work program of future actions that could help diversify the allowable uses at the Airport.
Additional aggregated information, concerns, and opportunities are detailed in the summary matrix with recommended approaches responding to each category.
ATTACHMENT 1
509
Community Feedback Project Team Analysis
Growth and Development:
Continue to meet aeronautical needs for
airport facilities, such as hangers, to
maintain and improve function and
efficiency.
- Explore upgrades to Airport currently permitted by FAA, ALUP, and LDC zoning to address operational needs and community concerns
- Ensure any airport development addresses wildlife, water quality, and air quality Sustainability & Innovation/ Community
& Engagement:
Community desires additional uses (non-
aeronautical) at the airport such as
workforce development, research and
development. and alternative energy
providers.
- Explore ways to address operational needs of the airport and create a pathway to facilitate non-aeronautical, mixed use, or other alternative uses leveraging the airport as an economic asset for the City.
- Ensure development of airport is consistent with City’s Climate Action Goals -
- Ensure development is in line with required federal policies and obligations Noise and Safety:
Concerns with noise attributed to airport
uses including flight patterns, aircraft
altitudes, and types of aircraft
Concerns with the impacts associated
with lead-based fuel and climate action
goals
- Explore a range of operational and infrastructure adjustments that could limit or reduce effects of noise per Federal Aviation Administration guidance, recommendation, and approval (if required), including:
o Adjustments to flight patterns
o Technology to assist with non-visual landing
- Explore alternatives to traditional leaded fuels
- Explore incentive programs to facilitate increased use of unleaded fuel - Continue to investigate new technologies
ATTACHMENT 1
510
Attachment 2 – City of Livermore Resolution No.
201
0-058
ATTACHMENT 1
511
IN THE CITY COUNCIL OF THE CITY OF LIVERMORE, CALIFORNIA
A RESOLUTION FOR JOINT COOPERATIVE EFFORTS
BY THE CITY OF LIVERMORE AND THE CITY OF PLEASANTON
REGARDING THE LIVERMORE MUNICIPAL AIRPORT
The Livermore Municipal Airport is a regional asset which provides needed aviation facilities that enhance economic development in, and provide emergency access to, the Tri - Valley.
The City Council of the City of Livermore adopted on March 23, 2010, a Resolution Establishing Airport Operational and Development Policies (Res. No. 2010 -058), which includes several policies on which the City of Pleasanton wishes to collaborate. The City of Livermore and the City of Pleasanton desire to engage in joint cooperative efforts to implement several of these policies to minimize airport impacts on the Tri- Valley community, and improve the sharing of information between the cities and their residents, including:
1. Coordinating lobbying efforts by the Tri - Valley city councils to have Federal legislation adopted to phase -out old, high noise - producing jets.
2. Establishing jointly a community forum of stakeholders, to meet twice a year to receive:
updates regarding the airport manager's responses to noise complaints; information provided to pilots regarding voluntary noise reduction efforts; and noise monitoring reports, when such reports are prepared.
3. Considering implementation of: technology to track planes which generate high noise during take -off and landing, and having the airport manager seek to obtain voluntary cooperation from pilots to reduce noise from such planes; and other voluntary mitigation measures for noise reduction.
4. Sharinginformationaboutairportnoisereductioneffortsandfly -over noisesourcesthat can be incorporated into educational materials to be provided to residents.
5. Coordinating future noise monitoring studies.
6. Resuming quarterly meetings of the Livermore / Pleasanton Liaison Committee to improve communications and to promote mutual understanding of airport operations.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Livermore that the preceding joint cooperative efforts will be pursued by the City of Livermore and the City of Pleasanton.
1 RESOLUTION NO. 2010 -147
ATTACHMENT 1
512
On the motion of Councilmember Williams, seconded by Vice Mayor Horner, the foregoing resolutionwaspassedandadoptedonthe13` dayof September, 2010, bythefollowingvote:
AYES: Councilmembers Leider, Marchand, Williams, Vice Mayor Horner, Mayor Kamena NOES: None
ABSENT: None
ABSTAIN: None
ATTEST & DATE:
ACTING DEPUTY CITY CLERK
AMBER CALKINS
DATE: September 14, 2010
APPROVED AS TO FORM:
SPECIAL COUNSEL
AMARA MORRISON
2 RESOLUTION NO. 2010 -147
ATTACHMENT 1
513
Attachment 3 – Leasing and Development Policy
ATTACHMENT 1
514
July 10, 2023
City of Livermore
680 Terminal Circle
Livermore, California 94551
(925) 960-8220
Leasing and Development Policy
City of Livermore
Livermore Municipal Airport (LVK)
July 2023
ATTACHMENT 1
515
TABLE OF CONTENTS
Leasing and Development Policy
City of Livermore, Livermore Municipal Airport
i
Table of Contents
1. INTRODUCTION .....................................................................................................................................3
1.1. Purpose .............................................................................................................................................3
1.2. Goal, Objectives, and Development Priorities .................................................................................3
1.3. Definitions and Acronyms ...............................................................................................................4
1.4. Compliance.......................................................................................................................................4
1.5. Applicability......................................................................................................................................4
1.6. General Requirements .....................................................................................................................4
1.8. Environmental Review .....................................................................................................................5
1.9. Airport Land Use Commission Review ...........................................................................................6
2. LEASING PRACTICES ...........................................................................................................................6
2.1. Expression of Interest ......................................................................................................................6
2.2. Application for Leasing Land and/or Improvements ......................................................................8
2.3. Approval Process..............................................................................................................................8
2.4. Approved Application Processing ....................................................................................................8
2.5. Demonstrating Immediate Need ....................................................................................................10
2.6. Public Disclosure ...........................................................................................................................10
2.7. Reversion of Improvements ...........................................................................................................10
2.8. Term of Agreement ........................................................................................................................11
2.9. Possible Grounds for Rejecting an Application or Proposal ........................................................11
3. LEASEHOLD DEVELOPMENT ..........................................................................................................12
3.1. General ...........................................................................................................................................12
3.2. Environmental Quality ..................................................................................................................12
3.3. Provision of Necessary Airport Land and/or Improvements ........................................................12
3.4. Manmade and Natural Hazards ....................................................................................................13
3.5. Reuse of Resources ........................................................................................................................13
3.6. Restricted Improvements ................................................................................................................13
4. DESIGN CRITERIA ...............................................................................................................................14
4.1. Accessory Buildings .......................................................................................................................14
4.2. Changes, Additions, and Deletions ................................................................................................14
4.3. Aircraft Accesses ............................................................................................................................14
4.4. Antennae ........................................................................................................................................14
4.5. Ramps .............................................................................................................................................15
4.6. Improvement Height ......................................................................................................................15
4.7. Doors ..............................................................................................................................................15
4.8. Exterior Lighting and Security ......................................................................................................15
4.9. Exterior Materials ..........................................................................................................................15
4.10. Exterior Storage .............................................................................................................................16
4.11. Fences, Gates, and Buffers ............................................................................................................16
4.12. Garbage and Recycling Containers ...............................................................................................16
4.13. Flagpoles ........................................................................................................................................16
4.14. Grading and Drainage ...................................................................................................................16
4.15. Landscaping ...................................................................................................................................17
4.16. Loading and Service Areas ............................................................................................................18
4.17. Open Sided Buildings ....................................................................................................................18
4.18. Pedestrian Circulation ...................................................................................................................18
4.19. Residence ........................................................................................................................................19
4.20. Setbacks ..........................................................................................................................................19 ATTACHMENT 1
516
TABLE OF CONTENTS
Leasing and Development Policy
City of Livermore, Livermore Municipal Airport
ii
4.21. Signage ...........................................................................................................................................19
4.22. Buildings ........................................................................................................................................20
4.23. Utilities ...........................................................................................................................................20
4.24. Vehicle Parking .............................................................................................................................20
5. PROCEDURES FOR DEVELOPMENT CONCEPT APPROVAL ...................................................21
5.1. Concept Plan ..................................................................................................................................21
5.2. Development Plan ..........................................................................................................................21
5.3. Requirements of the Federal Aviation Administration .................................................................22
6. CONSTRUCTION PHASE ....................................................................................................................23
6.1. Pre-Construction Meeting .............................................................................................................23
6.2. Permits, Licenses, Inspections, and Certifications........................................................................23
6.3. Bonds ..............................................................................................................................................23
6.4. Insurance .......................................................................................................................................23
6.5. Clean-Up During Construction .....................................................................................................23
6.6. Damages During Construction ......................................................................................................24
6.7. Erosion Prevention During Construction .....................................................................................24
6.8. Inspections .....................................................................................................................................24
6.9. Protection of Property and Work in Progress ...............................................................................24
6.10. As-Built Drawings..........................................................................................................................25
7. APPENDIX...............................................................................................................................................26
7.1. Airport Development Priorities ......................................................................................................26
7.2. Definitions ......................................................................................................................................29
7.3. Acronyms ........................................................................................................................................32
7.4. Leasing Practices Flowchart .........................................................................................................33
7.5. Lease / Development Proposal Evaluation Form .........................................................................37
7.6. RFI, RFQ, and/or RFP Document Guidelines .............................................................................38
7.7. Advertising Guidelines ...................................................................................................................38
7.8. Insurance .......................................................................................................................................38
ATTACHMENT 1
517
LEASING AND DEVELOPMENT POLICY
Leasing and Development Policy
City of Livermore, Livermore Municipal Airport
3 1. INTRODUCTION
1.1. Purpose
The purpose of the City of Livermore (City) Leasing and Development Policy (Policy) is to set forth processes and procedures to evaluate and approve or reject proposals related to the leasing and/or development (including construction, modification, and/or renovation) of aeronautical and non - aeronautical land and/or Improvements within the legal boundaries of the current Airport Layout Plan (ALP) for the Livermore Municipal Airport (Airport). This Policy establishes leasing protocols and requirements for compatible and sustainable development that protects persons and Property.
1.2. Goal, Objectives, and Development Priorities
It is the goal of the City to ensure Airport property is leased and developed in a high-quality manner consistent with sound fiscal management and best operational practices while ensuring the provision of essential infrastructure, Improvements, and amenities that support the overall operation of the Airport. The City has established the following objectives to help achieve this goal.
➢ Environmental –Employ sustainable development practices to conserve natural resources and minimize adverse impacts such as noise, air, and water pollution on the environment. Actions to reduce the impact of noise pollution should be employed such as fostering the reduction of aircraft noise through voluntary noise reduction efforts especially during night hours. Action to reduce air pollution should be taken by supporting the transition from leaded to unleaded fuel. Action to prevent PFAS or other contamination into the water system should be undertaken, such as monitoring the use of f ire foam or other chemicals containing PFAS and report such usage to the Airport Advisory Commission.
➢ Social – Maintain and enhance a compatible relationship between the Airport and the surrounding community through public engagement efforts that will include information regarding the scope and scale of proposed projects and provide opportunities for public input and inquiry. Public engagement should address potential impacts to residents and surrounding communities such as increased aircraft activity, vehicle traffic, and noise, including how these impacts may be mitigated.
➢ Function –Development of Airport land and Improvements is to occur in response to existing aviation demand, such as the existence of a hangar waiting list, letters of interest or proposals to provide essential aeronautical services to avoid the need for based aircraft flying to other airports to receive those services, or services determined to be supportive of the local community, such as law enforcement or emergency medical transport. All development and redevelopment must meet the needs of the Airport and be consistent with the Airport’s Minimum Standards for Commercial Aeronautical Activities (Minimum Standards) and the existing development of the Airport. Projects will be evaluated by the Airport Advisory Commission. ➢ Visual – Adhere to high-quality standards for architectural and landscape design and construction.
➢ Economic – Support the local economy and ensure economic vitality. Preserve property values, enhance investments, and ensure the Airport is as self- sustaining as possible consistent with the Federal Aviation Administration (FAA) Airport Sponsor Assurances. ➢ Compatibility – This Policy will encourage development that is consistent with Airport Development priorities as stated herein in this Policy and in Resolution 2010 -058, a copy of which is attached in Appendix 7.1.
ATTACHMENT 1
518
LEASING AND DEVELOPMENT POLICY
Leasing and Development Policy
City of Livermore, Livermore Municipal Airport
4 The above objectives reflect the Airport Development Priorities established by the Livermore City Council in 2010 through Resolution number 2010-058, a copy of which is attached in Appendix 7.1. The above Goal, and Objectives, and Development Priorities established in Resolution 2010-058, will be used as criteria for evaluating proposals for Airport land lease /development, as further explained in this document.
1.3. Definitions and Acronyms
The terms defined in Appendix 7.2 or acronyms outlined in Appendix 7.3 and identified by use of a capital letter, whenever used in this Policy, shall be construed as defined therein unless (from the context) a different meaning is intended or unless a different meaning is specifically defined. Words or phrases that are not defined shall be construed consistent with common meaning or as generally understood.
1.4. Compliance
Entities who desire to lease, construct, modify, and/or renovate aeronautical or non-aeronautical land and/or Improvements at the Airport shall comply with this Policy, Resolution 2010-058, and any federal, State of California (State), Alameda County, or City laws, codes, ordinances, and other applicable Legal Requirements.
1.5. Applicability
This Policy sets forth requirements which shall be met by any entity who desires to lease, construct, modify, and/or renovate aeronautical or non-aeronautical land and/or Improvements at the Airport. ➢ No entity may deviate from this Policy unless a written exemption or waiver has been granted in advance by the City, subject to approval of a Waiver Request Letter specified in Section 5.2. ➢ Existing Lessees may be subject to this Policy upon modification of any existing Agreement.
If this Policy is amended after an entity has entered into an Agreement, the entity may not be required to comply with the amended Policy, except as provided for in such Agreement, or until such time as:
➢ the existing Agreement has been amended;
➢ the City approves an assignment to another entity; or ➢ the entity enters into a new Agreement.
1.6. General Requirements
All development, improvement, renovation, or landscaping shall comply with the Airport Layout Plan, Minimum Standards, 14 Code of Federal Regulations (CFR) Part 77 Safe, Efficient Use, and Preservation of the Navigable Airspace , and/or other Legal Requirements. Notwithstanding any other provisions of this Policy, land and/or Improvements shall not be developed or used in such a manner as to:
➢ interfere with aircraft communication or navigation equipment, ➢ adversely impact the visibility of airport lighting and/or signage, ➢ impair the visibility of aircraft crew members or Air Traffic Control (ATC) personnel; or ➢ otherwise endanger or adversely impact the arrival, departure, or maneuvering of aircraft.
1.7. Public Engagement Requirement
An applicant proposing to develop a project that would noticeably increase aircraft activity, vehicle traffic, noise to surrounding neighbors, and/or significantly intensify existing land use(s), will be required to develop a comprehensive public engagement plan (PEP) designed to inform the public as to the scope and scale of the proposed project. The PEP shall be prepared by an independent third-party consultant paid for by the applicant and contracted by the City and is subject to review and approval by the City. PEP scope ATTACHMENT 1
519
LEASING AND DEVELOPMENT POLICY
Leasing and Development Policy
City of Livermore, Livermore Municipal Airport
5 will be required to include details on how community engagement will occur and provide opportunities for public input and questions.
1.8. Environmental Review
All proposed projects will be initially evaluated to determine impacts to the existing Airpo rt Layout Plan (ALP) or if an environmental review is necessary. Additionally, all proposed projects must undergo a formal FAA determination whether FAA approval is required under Section 163.
Any project proposing new development or a change in land use may be subject to environmental review.
This review will be conducted in coordination with the Community Development Department at the time of project entitlement. Developer is required to cover the cost of environmental processing.
In general, the California Environmental Quality Act (CEQA) and the National Environmental Protection Act (NEPA) process can be initiated concurrently but may be finalized separately, and at different points in time. This process will be handled using the same procedure that all proposed projects submitted to the City for environmental review and clearance proceed under, and as required by the applicable Legal Requirements. Additionally, the FAA must determine for all projects whether, under Section 163, that agency’s approval will be required, and, if so, what level of NEPA review is needed. NEPA review is not required if there is no FAA approval required. Entities who desire to lease, construct, modify, and/or renovate aeronautical and non-aeronautical land and/or Improvement at the Airport shall cover the consultant costs to prepare all completed environmental clearance documents pursuant to NEPA and CEQA, consistent with the City’s requirements. The environmental review process must be completed before a project commences, and it must also receive all required approvals from the City’s Community Development Department, Planning Commission, or City Council, as applicable.
CEQA – The California Environmental Quality Act (CEQA, 21000, et seq. of the California Public Resources Code) requires the potential impacts of projects having a physical impact on the environment to be analyzed prior to initiating construction. State CEQA Guidelines sections 15061(b)(3) and 15378 exempts projects that have no potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility the activity in question may have a significant effect on the environment, the activity is not subject to CEQA.
City Council’s action involving approving this Policy does not directly authorize the construction of any future individual projects. Subsequently, future City Council action, if taken, to approve consideration of a development proposal, will be the triggering event necessitating CEQA review.
If not exempt, beginning with an initial study under CEQA, each project will be reviewed by Airport management and the City’s planning staff. The initial study will determine the appropriate level of CEQA documentation/coordination necessary and advise on additional actions, documentation, and public involvement required to conclude the process. In all efforts associated to the proposed project and CEQA, the Airport will be the lead agency and the project proponent will be the City.
FAA Section 163 Determination – Section 163 of the FAA Reauthorization Act of 2018 and FAA’s implementing policies require a determination as to whether any Airport project requires FAA approval.
The project proponent shall provide sufficient information for the City to make a formal request to the FAA for a determination of the applicability of Section 163. FAA approval is required if the project meets one of three criteria: (a) the project would have a material impact on the safe and efficient operation of aircraft; (b) the project would have an adverse effect to the safety of people or property on the ground; or (c) the project would have a significant adverse effect on the value of prior federal investments in the Airport. Project proponents are urged to consult the latest FAA guidance on compliance with Section 163 to determine ATTACHMENT 1
520
LEASING AND DEVELOPMENT POLICY
Leasing and Development Policy
City of Livermore, Livermore Municipal Airport
6 whether FAA approval is likely to be required but must recognize that the FAA is the final arbiter of the applicability of this law. If any of these criteria is met, the project will require FAA approval of an amendment or revision to the Airport Layout Plan.
If FAA determines that its approval is required, the agency will inform the City what level of environmental review will be required pursuant to NEPA. The project proponent will be required to fund and coordinate the environmental review process as provided in this section.
NEPA – The National Environmental Policy Act (NEPA, 42 U.S.C. §4321 et seq., 1969) establishes the broad national framework for protecting the environment. NEPA's basic policy is to assure that all branches of government consider the environment prior to undertaking any major federal action that significantly affects the environment.
NEPA requirements are invoked whenever FAA approval of a project is required. The FAA determines whether its approvals would trigger a Categorical Exclusion, an Environmental Assessment (EA) or an Environmental Impact Statement (EIS).
1.9. Airport Land Use Commission Review
The Airport Land Use Commission (ALUC) typically reviews development projects on properties surrounding an airport, not on airport property itself. The Commission's jurisdiction covers the area surrounding the airport within a specified distance, called the Airport Influence Area (AIA), which is determined by the type and size of the airport. The AIA typically extends beyond the airport property, and the commission's authority covers all land use decisions within this area.
However, if a proposed development project on airport property involves a change in land use or zoning, the ALUC may have jurisdiction to review and approve the project. In this case, the City would need to submit the project to the ALUC for review and approval before proceeding.
It is the City’s role, in conjunction with Airport Land Use Commission, to review and determine if the proposed project and associated development are compliant with the Livermore Land Use Compatibility Plan. If a proposed project is determined to be subject to ALUC review and approval, the applicant shall develop required documentation for review by the City and ALUC.
2. LEASING PRACTICES
The leasing practices set forth in this section are summarized in Appendix 7.4 . Note: procedures and timelines stated herein are recommended and may be adjusted by the City Manager who has the capacity to recommend alternate timelines to meet demands of the project based on complexity and good faith effort of the Developer.
2.1. Expression of Interest
Unsolicited Interest – Interested parties may approach the City to express unsolicited interest in developing (or redeveloping) aeronautical or non-aeronautical land and/or Improvements at the Airport. All unsolicited interest in development (or redevelopment) will be directed to the Inter-Departmental Staff Review Team (IDSRT), through the Airport Manager. The IDSRT will include the Airport Manager, the Director of Public Works, and representatives from the Community Development Department, City Manager’s Office and City Attorney’s Office.
The interested party shall initiate the process by contacting the Airport Manager in writing (via email or mail) and requesting a pre-submittal meeting with the IDSRT to discuss the proposal concept. This meeting will provide the interested party with the opportunity to discuss the proposed operation, layout plan, uses, ATTACHMENT 1
521
LEASING AND DEVELOPMENT POLICY
Leasing and Development Policy
City of Livermore, Livermore Municipal Airport
7 and development concept(s). This meeting also provides the opportunity for the interested party to obtain general comments regarding the feasibility of the proposal concept and identify potential issues, problems, or challenges.
At the IDSRT’s discretion, additional meetings may be requested with the interested party to further discuss the proposal concept, along with additional supporting information or documentation.
The IDSRT will evaluate all proposals based on the Goal, Objectives, and Development Priorities established in Section 1.2, including Resolution 2010 -058, and in conformance with the General Requirements set forth in Section 1.6. An evaluation form is included in Appendix 7.5.
Following the initial meeting(s) with the interested party and submission of any supporting information, the IDSRT, through the Airport Manager will , within sixty (60) calendar days, provide written rejection of the unsolicited proposal concept in conformance with Section 2.9, or request the entity submit a formal Commercial Operator and Lessee Application (Application) as discussed in Section 2.2. In the alternative, the City reserves the right to proceed with a Competitive Proposal Process as described in this Section (City Initiative).
City Initiative – If Airport land and/or Improvements exist or become available, in the City’s sole discretion, the City may issue a Request for Interest (RFI), Request for Qualifications (RFQ), and/or a Request for Proposal (RFP).
➢ Guidelines for development of the RFI/RFQ/RFP document are provided in Appendix 7.6. ➢ The City may advertise the RFI/RFQ/RFP opportunity. Advertising Guidelines are provided in Appendix 7.7.
➢ The RFI/RFQ/RFP will specifically include as evaluation criteria the Goal, Objectives, and Development Priorities established in Section 1.2, including Resolution 2010-058, and General Requirements set forth in Section 1.6.
The City may, in its sole discretion, hold a pre -proposal meeting with interested parties to: (a) discuss the RFI/RFQ/RFP opportunity, document, and/or related processes, (b) conduct a tour of the Airport and/or the subject land and Improvements with the IDSRT, and (c) provide prospective respondents with the opportunity to ask questions.
After the stated deadline, the City shall review the submittals for compliance with the RFI/RFQ/RFP specifications and criteria and shall rank the submittals. ➢ Submittals received after the stated deadline may not be considered and may be returned unopened.
➢ The City may, in its sole discretion, interview respondents. ➢ The City has the right, with or without cause, to reject any or all submittals, to advertise for new submittals, and/or to modify any or all RFI/RFQ/RFP processes. The City will notify respondents of any changes to the process or submittal requirements. ➢ The City shall be under no obligation to make an award or to make an award to the respondent specifying the highest level of compensation to the City.
Upon completion of an RFI process (if utilized), the City may, or may not, in its sole discretion, invite respondents to respond to an RFQ or RFP. Upon completion of an RFQ process (if utilized), the City may, in its sole discretion, invite the most qualified respondents to respond to an RFP. ➢ If only one respondent expresses interest or is considered qualified by the City, the City may, in its sole discretion, negotiate a Memorandum of Understanding (MOU) and a Disposition and ATTACHMENT 1
522
LEASING AND DEVELOPMENT POLICY
Leasing and Development Policy
City of Livermore, Livermore Municipal Airport
8 Development Agreement (DDA) with the qualified respondent without issuing an RFQ/RFP.
Upon completion of an RFP process (if utilized), the City may select the best respondent in the City’s sole discretion.
Once selected, the City and the selected respondent shall utilize the MOU and DDA process outlined in Section 2.4. If the City and the selected respondent are unable to reach agreement on either an MOU or a DDA, at the sole discretion of the City, the City may terminate negotiations and negotiate with the next best respondent and so on.
Initiative of Others – If, during an Application process occurring outside of an RFI/RFQ/RFP process, another qualified entity expresses interest in leasin g and demonstrates an immediate need for the subject land or Improvements (as outlined in Section 2.5), the City may, in its sole discretion, negotiate with the entity(ies) and/or issue an RFQ/RFP in which case, the Competitive Proposal Process described i n this Section shall be followed.
However, once the MOU (as discussed in Section 2.4) is: (a) executed by the Applicant and City, and (b) the earnest money deposit has been provided to the City, the City is under no obligation to negotiate with any entity other than the Applicant or issue an RFQ/RFP.
2.2. Application for Leasing Land and/or Improvements
If desirous of leasing Airport land and/or Improvements on a long -term basis (i.e., greater than one year), entities with or without a current Development Agreement shall complete all relevant and applicable sections of the Application and submit to the Airport Manager for consideration by the IDSRT.
New Agreements shall be subject to all applicable Legal Requirements; Federal Aviation Administra tion (FAA) regulations, obligations, and guidance; the Airport’s policies, standards, rules, regulations, and directives; the City’s zoning, building, fire, and safety codes; Goal, Objectives, and Development Priorities, established in Section 1.2, includi ng Resolution 2010-058 (Appendix 7.1), and General Requirements set forth in Section 1.6; and all other Legal Requirements of any Agency having jurisdiction.
A non-refundable application fee shall be submitted with the Application, as stipulated in the Air port’s Rents and Fees Schedule.
2.3. Approval Process
Once Applicant has submitted a completed Application to lease Airport land and/or Improvements on a long-term basis, Applicant shall submit any additional information, data, and/or documentation that may be required or requested by the IDSRT or City to evaluate the Application. Incomplete Applications will not be accepted. Applications that do not comply with this Policy shall be rejected in accordance with Section
2.9. The City will convey the reason(s) for rejecting the Application in writing to the Applicant.
2.4. Approved Application Processing
Within ninety (90) calendar days of the Airport Manager receiving a completed Application, the following processes should be completed:
➢ The IDSRT shall conduct an initial review to ensure the Application is compliant with the qualifications, standards, and requirements established by the City including the Minimum Standards and Airport Rules and Regulations, located at:
https://www.livermoreca.gov/home/showpublisheddocument/5677/637238462369030000
➢ If initially approved by the IDSRT, the Application shall be presented to the Airport Commission for review and consideration. The Airport Commission may either:
ATTACHMENT 1
523
LEASING AND DEVELOPMENT POLICY
Leasing and Development Policy
City of Livermore, Livermore Municipal Airport
9 o recommend rejection of the proposal in accordance with Section 2.9 or o recommend that the City Council approve the proposal and authorize the City Manager to negotiate and execute an MOU.
➢ Unless the Application is rejected in accordance with Section 2.9, the City shall convey to the Applicant the key terms and conditions (including rents, fees, and other charges) that have been established by the City for leasing the Airport land and/or Improvements identified by the Applicant.
Within thirty (30) calendar days of receiving the key terms and conditions from the Airport Manager, the Applicant shall indicate if the key terms an d conditions established by the City are acceptable to the Applicant.
➢ If the key terms and conditions established by the City are not acceptable to the Applicant, the Applicant shall present to the IDSRT, through the Airport Manager revised key terms and conditions that are acceptable to the Applicant within thirty (30) calendar days of receiving the information from the City.
➢ The City, through the IDSRT, may negotiate the revised key terms and conditions with the Applicant and/or initiate the Competitive Proposal Process described in Section 2.1. ➢ If the City and the Applicant are unable to reach agreement on the revised key terms and conditions within thirty (30) calendar days of the time the information is presented to the City by the Applican t, the City is not obligated to lease Airport land and/or Improvements to the Applicant and may cease further negotiations.
Public Engagement Plan and Memorandum of Understanding - If the City and the Applicant reach agreement on key terms and conditions, the Applicant shall: (a) sign a Memorandum of Understanding (MOU) with the City outlining the key terms and conditions, and (b) pay an earnest money deposit in cash or letter of credit to the City in the amount equivalent to the rents, fees, and other charges (total compensation) estimated for the proposed use of the property or one thousand dollars ($1,000), whichever is greater – as evidence of the Applicant’s good faith to enter into a Development Agreement with the City.
The signed MOU, including the Public Engagement Plan (PEP) required in Section 1.7, shall be presented for consideration to the City Council. The City Council may either reject the MOU in accordance with Section 2.9 or authorize the City Manager to negotiate a Development Agreement with the Applicant.
➢ If an MOU is not executed by the City Council and the Applicant within sixty (60) calendar days of reaching agreement on key terms and conditions which includes an earnest money deposit, the City is not obligated to lease Ai rport land and/or Improvements to the Applicant and the earnest money (if provided) shall be returned to the Applicant, without interest.
Once the MOU is executed by the parties and earnest money deposit received, the Applicant shall submit five copies of the Concept Plan (in accordance with Section 5.1) to the City within forty-five (45) calendar days. The City shall review the Concept Plan and address all preliminary questions or concerns with the Applicant. The Applicant may be required to meet with the City to present and discuss the Concept Plan.
Upon acceptance of the Concept Plan (as applicable) or upon execution of the MOU, a draft Disposition and Development Agreement (DDA) which includes the terms and conditions of the MOU, shall be prepared by the City for review by the Applicant. The Applicant and City staff may work together to discuss and finalize the terms of the DDA.
➢ If the Applicant does not agree to and execute the DDA within sixty (60) calendar days of receiving the draft Development Agreement, the earnest money deposit may be forfeited by the Applicant to the City.
ATTACHMENT 1
524
LEASING AND DEVELOPMENT POLICY
Leasing and Development Policy
City of Livermore, Livermore Municipal Airport
10 After the City Council approves the MOU, the Applicant shall also begin preparation of a complete Planning Entitlement package. This may include, but is not limited to:
➢ A completed Planning General Application for all applicable Planning Entitlements; and ➢ Site plans, building elevations, and floor plans, building colors and materials, civil engineering plans, circulation plans, any special studies or analysis needed for environmental review and related documents and materials as required by the City’s Planning Division; and ➢ All applicable fees required for permit processing, environmental, and project review.
The Planning Entitlements and a copy of the DDA executed by the Applicant shall be reviewed and approved or denied by the City Council.
Once the City Council approves, and the City executes, the DDA , the Applicant shall pay a security deposit in the form of cash or a letter of credit – in the amount equal to twenty-five percent (25%) of the rents, fees, and other charges (total compensation) for the first year of the Development Agreement or two thousand five hundred dollars ($2,500), whichever is greater – to the City. The earnest money may also be applied to the security deposit.
➢ If the Applicant does not pay the security deposit to the City, the Development Agreement shall be voided, and the earnest money shall be forfeited by the Applicant to the City.
Following approval of all applicable Planning Entitlements and prior to applying for a building permit, the Applicant shall deliver to the City within one-hundred twenty (120) calendar days:
➢ Complete set(s) of final construction drawings, signed by an architect or engineer certified or licensed in the State; and
➢ After completion of construction, the Applicant shall provide to the City, o ne complete as-built drawing including plan map set following completion of the project.
Failure to Comply - Applicants’ failure to comply with specified response time periods, or any provision of the Development Agreement, may result in the termination of the Development Agreement. All negotiations may cease, and the earnest money and/or security deposit may be forfeited to the City.
2.5. Demonstrating Immediate Need
An entity seeking to lease Airport land and/or Improvements must demonstrate the entire land area(s) and/or the entire Improvement(s) seeking to be leased will be Immediately utilized. At the City’s sole option, a phased development of Airport land may be considered which should include specific development milestones within the Agreement.
2.6. Public Disclosure
Applicants and RFI/RFQ/RFP respondents should be aware that the City is subject to the California Public Records Act (Gov. Code section 7920.000 et. seq.), which may give the public the right to examine documents in possession of a California Agency unless an applicable legal exemption applies.
If an Applicant or respondent clearly identifies any proprietary and/or Confidential Information submitted to the City and the City receives a request from the public for release of such information, the City shall comply with State law regarding notification to Applicant. Applicant or respondent understands that City may be required to disclose Confidential Information pursuant to judicial action, governmental regulations or investigation, or other requirements.
2.7. Reversion of Improvements
Unless otherwise stated in an Agreement, upon expiration or earlier termination of the Agreement, at City’s ATTACHMENT 1
525
LEASING AND DEVELOPMENT POLICY
Leasing and Development Policy
City of Livermore, Livermore Municipal Airport
11 option, the ownership of all Improvements made to the leasehold shall revert (transfer) and become the sole property of the City. If the City elects not to claim the Improvements, the Lessee shall remove and/or demolish any and/or all Improvements (as designated by the City) and return the Leased Premises to its original condition and character, ordinary and reasonable wear and tear excepted.
2.8. Term of Agreement
The term of an Agreement shall be commensurate with the dollar amount of Capi tal Investment made by the Lessee in the Leasehold Premises and/or Airport infrastructure, consistent with the capital investment formula as adopted by the City from time to time. In any event, the maximum term of an Agreement, including option periods, may not exceed forty (40) years. When no Capital Investment is made, the term of the Agreement shall be at the discretion of the City but may not be greater than 20% of the term of the previous Agreement (if an existing Lessee) or 5 years, whichever is less.
2.9. Possible Grounds for Rejecting an Application or Proposal In this section, the term “activity” is inclusive of all Commercial Aeronautical Activities, Non-Commercial Aeronautical Activities, and non-aeronautical activities.
The City at its sole discretion may reject any proposal or application in conformance with Legal Requirements including, but not limited to, any one or more of the following reasons (as determined in the sole discretion of the City):
➢ The entity, for any reason, does not fully meet the qualifications, standards, and requirements established by the City. This includes objectives referenced in Section 1.2 and Resolution 20 1 0-058 and include but are not limited to:
o No tangible evidence of demand
o Implies or requires extension of runways
➢ The burden of proof shall be on the entity and the standard of proof shall be by clear and convincing evidence. The City or the FAA has determined that the contemplated activity and/or Improvements would create a safety or security ris k at the Airport or constitute a Hazard, obstruction, or danger to air navigation.
➢ The City would be required to expend funds and/or supply labor and/or materials in connection with the proposed activities and/or Improvements that the City is unwilling and/or unable to expend or supply.
➢ The financial plan associated with the proposed activities and/or Improvements is not demonstrated to be realistic and attainable and/or will result in a financial operating loss or hardship for the entity.
➢ No a ppropriate, adequate, or available land and/or Improvement exists at the Airport to accommodate the proposed activity or Improvements at the time the proposal or application is submitted, nor is such availability contemplated within a reasonable period of time. ➢ The proposed activities and/or Improvements do not comply with the ALP currently in effect or anticipated to be in effect.
➢ The entity’s occupancy, use, or development of Airport land and/or Improvements could be detrimental to the public, result in c ongestion of aircraft, and/or negatively impact the safety and/or efficiency of the Airport, Operators, Tenants, or users of the Airport. ➢ The entity intentionally or unintentionally misrepresented or failed to disclose material fact in a proposal, in an application, and/or in supporting documentation. ➢ The entity or any officer, director, agent, representative, shareholder, or key employee thereof has a record of violating the Legal Requirements of the City, any other airport sponsor, the ATTACHMENT 1
526
LEASING AND DEVELOPMENT POLICY
Leasing and Development Policy
City of Livermore, Livermore Municipal Airport
12 State, the FAA, o r any other Legal Requirement applicable to the Airport and/or the entity’s proposed activity.
➢ The entity or any officer, director, agent, representative, shareholder, or key employee thereof has defaulted in the performance of any Agreement or Sublease at the Airport or at any other airport.
➢ The entity does not exhibit adequate financial capability, capacity, or responsibility to undertake, sustain, and maintain the proposed activity and/or Improvements. ➢ The entity cannot obtain a bond or insurance in the type and amounts required by the City for the proposed activity and/or improvements.
➢ The entity seeks terms and conditions which are inconsistent with the Minimum Standards, Airport Rules and Regulations, this Policy, and/or any request for qualifications and/or proposals (or any other document) issued by the City.
➢ The entity’s interests and/or the proposed activity, Improvements, or use, is inconsistent with the mission, vision, values, goals, or objectives of the Airport; the best interest of the City; or any Airport Sponsor Assurances.
➢ The entity has been a party to vexatious or frivolous litigation, including, without limitation, administrative litigation, against the City.
➢ The proposed activity is determined not to be the highest and best use of the property.
3. LEASEHOLD DEVELOPMENT
3.1. General
This Policy does not address every type of condition or detail that may be encountered during the design and construction process. As such, entities are encouraged to maintain an on-going review process with the City (beginning early in the design stage) to ensure that the entity’s Development Plan (discussed in Section
5.2) is acceptable to the City.
Where a specific material is identified (or specifications are provided for a specific type of material), a material having the same or equivalent specifications may be utilized if approved in advance and in writing by the City. No occupancy of any Improvement shall be permitted before completion and a Certificate of Occupancy (CO) is issued by the Agency having jurisdiction.
3.2. Environmental Quality
The City encourages: (a) orientation of Improvements to take advantage of natural sunlight and prevent Improvements from blocking direct sunlight to other Improvements, (b) the use of barriers as a defense against wind, (c) the use of landscaping to maximize cooling in the summer, and (d) design features and the use of construction methods, techniques, and/or industry best practices that focus on sustainability, conserves energy, and reduces impacts on natural resources.
The City shall not permit development or land use that (a) adversely affects the quantity, quality, or reliability of water resources; (b) occurs at the expense of established water dependent activities; (c) results in increased alkalization of water, loss of stream flows, or the unnecessary destruction of wildlife habitat; or (d) entails future major expenditures on the part of the public to reacquire or redistribute water resources.
The City will not permit development or land use that accelerates erosion of soil and rock (including stream sedimentation, dust, and gullying), alters drainage and/or floodwater patterns, exacerbates flood hazards, reduces natural vegetation, creates visual scars, leaches minerals, or destroys animal habitats.
3.3. Provision of Necessary Airport Land and/or Improvements The City encourages development that fully utilizes, but does not overburden, existing land and/or Improvements. In cases where existing land and/or Improvements are not fully ATTACHMENT 1
527
LEASING AND DEVELOPMENT POLICY
Leasing and Development Policy
City of Livermore, Livermore Municipal Airport
13 utilized, the City encourages development that complies with objectives outlines in Section 2.1 and Resolution 2010-058 and that:
➢ minimizes aircraft, vehicle, and pedestrian congestion and promotes safety, security, and efficiency;
➢ includes facilities to collect, treat, and dispose of the types and quantities of stormwater runoff anticipated and ensures that such facilities have the capacity, quality of discharge, point of discharge, and reliability to support the intended use; ➢ has a water supply of the quality, quantity, pressure, and reliability that is required to support the intended use;
➢ has paved road access for Emergency Services; and
➢ consists of Improvements that make highest and best use of the land area with reasonable land to Improvement ratios.
3.4. Manmade and Natural Hazards
The City requires development that does not expose others to avoidable natural and manufactured hazards.
As such, the City encourages development which:
➢ is designed, constructed, and located in a manner that is compatible with existing hazards and does not create any additional hazards; and
➢ is not located in floodplains, geologically haz ardous areas, or other natural hazard areas that could threaten the development, the Airport, or the health, safety, security, or welfare of the public.
3.5. Reuse of Resources
The City encourages development which uses recycled materials, promotes recycling of materials used in construction, and reuses wastewater.
3.6. Restricted Improvements
Temporary Building – Portable buildings which are intended to be in place for six (6) months or less shall be deemed to be temporary. Temporary buildings including offices or storage facilities shall not be placed on the Airport without the prior written approval of the City through the Temporary Use Permit (TUP) process. Temporary buildings are subject to Livermore Development Code Chapter 9.09, Temporary Use Permits, as it exists today or amended.
➢ Portable/mobile homes or recreational vehicles are prohibited from being placed on the Airport. ➢ A request for approval of any temporary building shall be submitted to the Airport Manager and Community Development Department for review and approval through the TUP entitlement process. The request must include a site plan showing the proposed location, access plan, size, construction material, purpose, and provisions for dismantling and/or removal no later than thirty (30) calendar days after development of permanent Improvements are completed.
Temporary buildings may only be utilized for construction management purposes and/or while engaging in Commercial Aeronautical Activities during development or renovation of permanent Improvements.
Obstruction Marking and Lighting – All proposed Improvements and/or renovations shall conform with CFR Part 77 and shall not be deemed a hazard to air navigation. No development shall be permitted or approved by the City that establishes a hazard or creates a nonconforming Improvement or natural vegetation that increases the hazard to air navigation.
ATTACHMENT 1
528
LEASING AND DEVELOPMENT POLICY
Leasing and Development Policy
City of Livermore, Livermore Municipal Airport
14 ➢ Entities shall prepare and submit FAA Form 7460 -1 Notice of Proposed Construction or Alteration and all required attachments/exhibits to the FAA and City. All Improvements shall conform with FAA obstruction lighting/marking requirements. Entities shall, at its sole cost and expense install, operate, and maintain required markings and/or obstruction lighting deemed necessary by the FAA, City, and any other Agency having jurisdiction.
4. DESIGN CRITERIA
4.1. Accessory Buildings
All accessory buildings shall be identified on the Development Plan (as outlined in Section 5.2) and approved in writing by the City prior to construction. Ac cessory buildings include any building serving a purpose customarily incidental to the principle use of the main use, structure and/or building, and which does not change the character of the principal use. Accessory buildings include any building(s) that are intended to be in place for more than six months and not considered a temporary building (as described in Section 3.6). Accessory buildings shall match the architectural design and materials of the main Improvement and comply with Livermore Development Code Section 4.02.030, Accessory Structures, as it exists today or amended.
4.2. Changes, Additions, and Deletions
Prior to making any changes, additions, or deletions to existing land and/or Improvements, the Development Plan (as outlined in Section 5.2) shall be submitted to the Airport Manager and Community Development Department and approved in writing by the City. Changes, additions, or deletions shall match the architectural design and materials of the main Improvement. Changes, additions, and/or dele tions shall conform to all applicable codes, ordinances, or other Legal Requirements.
4.3. Aircraft Accesses
To allow for the safe, secure, and efficient operation of aircraft and to minimize potential conflicts with vehicles and pedestrians:
➢ all aircraft acces s points (i.e., Taxiways and Taxilanes) shall meet the design standards stipulated in Advisory Circular (AC) 150/5300-13A Airport Design, as may be amended; ➢ a minimum of 40 feet of frontage Ramp is required between the edge of the access Taxiway or Taxilane and the closest exterior wall of any hangar;
➢ frontage Ramp shall be constructed or leased and able to accommodate the largest aircraft the hangar is designed to accommodate and shall comply with the Minimum Standards; ➢ if two hangars (excluding rows of T-hangars or Executive Hangars) access a common Taxiway or Taxilane, a minimum of at least 40 feet of access Taxilane shall be required between the two frontage Ramps, edge to edge;
➢ where a common access Taxilane is required, the Lessee (Sublessee, if appl icable) shall be required to lease and construct at least one-half of the required access Taxilane; ➢ a maximum of two vehicle or pedestrian access points shall be permitted to the Ramp, Taxiway, or Taxilane; and
➢ each access point must be under video surveillance with appropriate signage identifying such.
4.4. Antennae
All required antennae, satellite dishes, and similar equipment shall be identified in the Development Plan (as outlined in Section 5.2) and approved in writing by the City prior to construction. No antennae, satellite dish, or similar equipment shall be allowed that interferes with existing or future Airport, aircraft, or vehicle operations. When possible, all antennae, satellite dish, or similar equipment shall be screened from view .
ATTACHMENT 1
529
LEASING AND DEVELOPMENT POLICY
Leasing and Development Policy
City of Livermore, Livermore Municipal Airport
15 FAA Form 7460 -1 Notice of Proposed Construction or Alteration shall be completed and all antennae, satellite dishes, and similar equipment must comply with 14 CFR Part 77 Safe, Efficient Use, and Preservation of the Navigable Airspace.
4.5. Ramps
Operators pr oviding rotary wing aircraft parking shall adhere to the design standards described in AC 150/5390-2C Heliport Design, as may be amended. Operators providing fixed wing aircraft parking shall adhere to the design standards described in AC 150/5300-13A Airport Design, as may be amended.
4.6. Improvement Height
The overall height of any Improvement shall be dependent on the type of use (or activity) and/or the current or projected size of aircraft using the Improvement. Only those Improvements not considered an obstruction under 14 CFR Part 77 Safe, Efficient Use, and Preservation of the Navigable Airspace , as determined by the FAA and approved by the City, and consistent with City zoning requirements shall be constructed.
4.7. Doors
Hangar doors shall b e sliding, overhead, or bi -fold, consistent with industry best practices, based on the size of the hangar. Hangar doors shall be constructed of pre -finished aluminum, pre -finished steel, or flexible fabric curtain (designed specifically for hangars) and shall complement the building from a design and color perspective.
➢ Wood, plastic, corrugated fiberglass, tin, or other unfinished materials are prohibited. ➢ Translucent panels may be incorporated into pre-finished aluminum or pre-finished steel doors to provide additional lighting.
➢ Pedestrian doors shall comply with all applicable codes, ordinances, and Legal Requirements. ➢ All pedestrian doors shall be pre-finished metal construction in metal jambs and shall complement the building from a design and color perspective.
Vehicle access doors shall be overhead construction and shall complement the building from a design and color perspective.
4.8. Exterior Lighting and Security
A lighting plan describing the exterior illumination layout and fixture selection shall be submitted with the Development Plan (as outlined in Section 5.2) and approved in writing by the City prior to construction.
The lighting plan shall be consistent with the City of Livermore Design Standards and Guidelines, as it exists today or amended. In addition, the lighting plan shall meet the following requirements:
➢ lights shall not be placed to cause glare, interference with Airport, aircraft, or vehicle operations, or illuminate areas outside of the inten ded area including adjacent land and/or Improvements; and
➢ height of exterior light poles shall comply with 14 CFR Part 77 Safe, Efficient Use, and Preservation of the Navigable Airspace.
4.9. Exterior Materials
Exterior building materials shall be compatible with adjacent buildings and shall not affect Airport, aircraft, or vehicle operations. Building glazing shall not cause glare or reflections that will interfere with Airport, aircraft, or vehicle operations. Reflective glass and/or other reflective materials will not be approved by the City. All building materials must be consistent with the City of Livermore Design Standards and Guidelines, as it exists today or amended.
ATTACHMENT 1
530
LEASING AND DEVELOPMENT POLICY
Leasing and Development Policy
City of Livermore, Livermore Municipal Airport
16 Samples of exterior building materials and colors shall be submitted with the Development Plan (as outlined in Section 5.2) and approved in writing by the City prior to construction. Building exteriors shall use a neutral earth-tone color palette compatible with existing Improvements at the Airport.
4.10. Exterior Storage
Unless approved in advance and in writing by the City, outside storage of any article, good, material, machinery, equipment (excluding Refueling Vehicles and ground support equipment), tools, trees, shrubs, plants (except approved landscaping), or similar items s hall be visually screened from public view consistent with Livermore Development Code Section 6.03.100, Outdoor Storage, as it exists today or amended.
No storage shed or accessory building other than the main Improvement shall be permitted except during construction or unless approved in writing by the City with a TUP entitlement prior to construction or installation. Objects such as water towers, storage tanks, processing equipment, cooling towers, communications towers, vents, and other buildings or equi pment shall be compatible with the main Improvement or effectively shielded from view and shall be approved in writing by the City prior to construction.
4.11. Fences, Gates, and Buffers
Required fencing, gates, and buffers shall be identified in the Development Plan (as outlined in Section 5.2) and approved in writing by the City prior to construction. Submittal shall include identification of the (a) location of fences, gates, and buffers, (b) the type, height, and color of the materials used for construction, and (c) other unique design features or considerations. Fences must be consistent with Livermore Development Code Section 4.05.040, Fences and Screening. Fencing and gates shall be the same type of material and style of the existing Airport p erimeter fence and gates and consistent with the City of Livermore Design Standards and Guidelines, as they exist today or amended. Fences and gates shall be properly maintained, fully functional, and in good appearance.
When possible, fences, gates, and b uffers shall not be permitted directly adjacent to aircraft Movement Areas and Non-Movement Areas unless identified with markers, lights, or other devices (e.g., reflectors on all sides). Fences, gates, and buffers directly adjacent to aircraft Movement Ar eas and Non -Movement Areas must have a security card or key pass access control mechanism to restrict access to authorized personnel only. The height of all buffers of unsightly areas (e.g., storage area) shall be at least equal to the material being stored or screened.
4.12. Garbage and Recycling Containers
Exterior garbage and recycling containers must be consistent with Livermore Development Code Section
6.03.130, Solid Waste and Recycling Container Enclosures, as it exists today or amended. Exterior garbage and recycling containers must be equipped with securely fastened lids and shall be screened on all sides from view. All areas utilized for garbage and recycling container locations shall be paved.
4.13. Flagpoles
All flagpoles shall be located in such a manner and distance from Ramps, Taxiways, or Taxilanes to prevent being a hazard to Airport, aircraft, or vehicles operations. The height of flagpoles shall comply with 14 CFR Part 77 Safe, Efficient Use, and Preservation of the Navigable Airspace. The flag of the United States shall only be displayed in accordance with Title 4 of the United States Code (U.S.C.). Flagpoles are subject to Livermore Development Code Section 4.02.040, Special Height Regulations , as it exists today or amended.
4.14. Grading and Drainage
ATTACHMENT 1
531
LEASING AND DEVELOPMENT POLICY
Leasing and Development Policy
City of Livermore, Livermore Municipal Airport
17 A site plan indicating proposed grading and drainage (including drainage flow, contours, and elevations) shall be submitted with the Development Plan (as outlined in Section 5.2) and approved in writing by the City prior to construction. Compatible grading and drainage between adjacent land and Improvements shall be established to control drainage and erosion and shall meet the following requirements:
➢ Grading permits shall be obtained from the Agency having jurisdiction prior to performing any grading.
➢ Grades, berms, channels, and swales shall be an integral part of the grading, drainage, and paved surface design.
➢ Paved area grades shall not exceed two percent (2.0%) slope for concrete and asphalt paving. ➢ Drainage (and all related facilities) shall be designed to prevent standing water and accommodate all storm water generated by the land in accordance with the Construction Storm Water Pollution Prevention Plan (SWPPP) and the City’s SWPPP. ➢ All grading and drainage shall meet the design standards described in AC 150/5320-5C Airport Drainage Design, as may be amended.
➢ All other applicable requirements as set forth in the Livermore Development Code.
Drainage shall not adversely impact adjacent land and Improvements and shall flow into natural or developed drainage.
Unless otherwise approved by the City, the elevation of the land shall not be changed so as to materially affect the surface elevation or grade of the surrounding land.
Gutters and downspouts shall be used to facilitate drainage from roofs.
Hangar floor drainage shall flow through an oil/water separator in compliance with the Airport’s SWPPP and applicable Legal Requirements.
4.15. Landscaping
The City encourages landscaping that creates a compatible and continuous relationship between the land and the Improvements, minimizes the use of irrigation water, maintains an aesthetically pleasing appearance in all areas not covered by Improvements, Ramps, vehicle parking areas, and enhances the existing character of a site. Any portion of the site that is not improved shall be landscaped according to the approved landscaping and irrigation plan submitted with the Development Plan (as outlined in Section 5.2) and approved in writing by the City prior to construction. Landscaping is subject to Municipal Code Chapter
13.235, Water Efficient Landscape, Livermore Development Code Chapter 4.05, Landscape Standards, and the City of Livermore Design Standards and Guidelines, as they exist today or amended. ➢ Landscaping materials shall be installed prior to Certificate of Occupancy (CO). ➢ All landscaping shall be maintained and repaired and kept in good appearance on a year-round basis.
➢ The Lessee (Sublessee, if applicable) shall be solely responsible for landscape maintenance and repair including weed control and removal and replacement of diseased or dead vegetation.
Areas with road frontage shall be landscaped with berms and/or shrubbery to provide effective screening of aircraft or vehicle parking areas.
➢ Berms and/or shrubbery shall have a maximum height of four feet, as measured from the aircraft and/or vehicle parking area.
➢ Berm slopes shall not exceed two feet horizontal to one foot verti cal (2:1) with a three foot wide flat crown.
ATTACHMENT 1
532
LEASING AND DEVELOPMENT POLICY
Leasing and Development Policy
City of Livermore, Livermore Municipal Airport
18 ➢ Lessee (Sublessee, if applicable) shall provide shade trees indigenous to the area that conform to all applicable codes, ordinances, and Legal Requirements in all vehicle parking areas.
Landscaping shall also be used, consistent with all applicable codes, ordinances, and Legal Requirements, to screen unsightly items such as heating and air conditioning units, trash and recycling containers, loading docks, utility boxes, etc. Landscaping materials shall be indigenous to the State and may include such items as trees, shrubs, hedges or bushes, and ground cover such as grass or landscaping rocks. Small landscaping rock may be permitted provided it does not create a hazard to persons or Property including aircra ft.
Decorative bark and seed or fruit bearing trees will not be approved by the City.
All landscaped areas shall be irrigated by a permanent, underground irrigation system that can support the type and amount of landscaping installed. The landscape plan sh all minimize the use of irrigation water.
Landscaping materials shall be compatible with the surrounding land and Improvements and shall not pose a hazard to Airport, aircraft, or vehicle operations. At all times, landscaping shall (a) comply with 14 CFR Part 77 Safe, Efficient Use, and Preservation of the Navigable Airspace, (b) not obscure ATC line of sight, and (c) not exceed 25 feet above ground level.
4.16. Loading and Service Areas
In addition to being functional and aesthetically pleasing, loading and service areas shall meet the following requirements:
➢ Loading areas, loading docks, vehicle parking areas, and service areas shall be planned so the use of any one of these areas does not interfere with the use of any of other areas. ➢ All areas utilized for loading and service area shall be paved. ➢ Loading docks or service areas shall not be visible from the street. If necessary, to restrict visibility from the street, a landscaped buffer shall be installed. ➢ Loading areas shall be denoted by a yellow painted curb with the words “Loading Zone” in black lettering.
4.17. Open Sided Buildings
Buildings shall be fully enclosed. No open sided buildings shall be permitted with the exception of aircraft shade ports and/or wash racks.
4.18. Pedestrian Circulation
Pedestrian movement shall be safe, convenient, and orderly. Pedestrian circulation must be consistent with Livermore Development Code Section 4.04.070.B, Pedestrian walkways and bicycle paths , and City of Livermore Design Standard and Guidelines, as they exist today or are amended. Walkways shall conform with applicable codes, ordinances, and Legal Requirements. Convenient pedestrian access from all aircraft and vehicle parking areas to building entrances shall be provided. Pedestrian walkways shall be constructed of concrete. Bituminous asphalt, dirt, and gravel walkways will not be approved by the City. Pedestrian access to land and Improvements shall be designed and constructed in accordance with the Americans with Disabilities Act of 1990, as may be amended, and any other applicable Legal Requirements. Pedestrian access to Restricted Areas shall be controlled with a security pass, key card, access gate or other approved security access system.
ATTACHMENT 1
533
LEASING AND DEVELOPMENT POLICY
Leasing and Development Policy
City of Livermore, Livermore Municipal Airport
19 4.19. Residence
No building, vehicle, Equipment, or aircraft shall be used as a place of residence either on a temporary or permanent basis.
4.20. Setbacks
To provide sufficient space between Improvements and streets, to ensure adequate lighting, privacy, and sound control, and to allow for landscaping and access (including aircraft, vehicle, and Emergency Vehicle access), the following setbacks shall be met and maintained:
Minimum Building Setback Requirements
➢ Refer to the applicable zoning regulations set forth in the Livermore Development Code, Part 3, Specific to Zones.
Vehicle Parking Area Setback Requirements
➢ Parking is prohibited within a setback area.
➢ Refer to Livermore Development Code Section 4.05.30, Parking Lot Landscaping, for additional requirements within a potential setback area.
Utility Transformer or Meter Setback Requirements
➢ Street right-of-way: minimum of five feet.
➢ Side lot line:
• With Ramp – minimum of 10 feet
• Without Ramp – minimum of 40 feet
No part or portion of any Improvement shall be erected, constructed, or extended closer than the distance from the Movement Areas as depicted by the building restriction line in Exhibit A of the ALP. The City shall determine the required setback distances for each Lessee (Sublessee, if applicable) from any adjacent Ramp, Taxilane, or Taxiway edge.
The entire setback area shall be graded and seeded, sodded, or l andscaped between the lot lines and from the Ramp to the building face in a manner that produces an acceptable lawn or landscaped area with exception of the areas which are required for Ramps, driveways, roadways, walkways, or vehicle parking areas.
The City reserves the right to evaluate this Section where the requirements are subject to modification, since different setbacks may be required based on a number of factors such as: lot size, shape, or configuration; Improvement use; aircraft Design Group; location on the Airport; and adjacent or surrounding land and/or Improvements.
4.21. Signage
Signage shall conform to applicable codes, ordinances, and Legal Requirements and be uniform and the graphics shall (a) balance identification with image; (b) communicate information in a straightforward and aesthetically pleasing manner; and (c) be compatible with surrounding Improvements, the natural environment, and the overall character of the lot. Directional signage shall improve and/or enhance the safety, security, and efficiency of aircraft, vehicle, and pedestrian movement.
A signage plan shall be submitted with the Development Plan (as outlined in Section 5.2) and approved in writing by the City prior to installation of signage.
ATTACHMENT 1
534
LEASING AND DEVELOPMENT POLICY
Leasing and Development Policy
City of Livermore, Livermore Municipal Airport
20 General – All existing signs, on the date of adoption of this Policy, are considered approved by the City if the signs do not create a hazard to Airport, aircraft, or vehicle operations, and/or pedestrians and if the signs comply with 14 CFR Part 77 Safe, Efficient Use, and Preservation of the Navigable Airspace.
Signage must be consistent with Livermore Development Code Chapter 4.06, Sign Standards, and City of Livermore Design Standards and Guidelines, as they exist today or are amended.
4.22. Buildings
Buildings shall be masonry, concrete, or steel frame load bearing construction.
Wood framed buildings will not be approved by the City.
4.23. Utilities
A utilities plan identifying all utilities shall be submitted with the Development Plan (as outlined in Section
5.2) and approved in writing by the City prior to construction. All utility improvements shall meet the requirements of the Agencies having jurisdiction and all applicable Legal Requirements.
Lessee (Sublessee, if applicable) is responsible for the maintenance and repair of all utility lines to the site and for keeping all shutoffs readily accessible and fully functional. Lessee shall preserve existing utility easements and recognize that the potential exists to change existing easements and/or add future easements.
No pipe, conduit, cable, or line for water, gas, sewage, drainage, steam, electricity, or any other energy or service shall be installed or maintained on any lot (outside of any building) above the surface of the ground with exception of hoses, movable pipes for irrigation, or transformers used during construction. ➢ Transformers shall be co-located with utility meters and screened with landscaping and setback at a safe distance.
Utility costs and expenses for any equipment (including meters) and services (including temporary service) for the Leased Premises shall be the sole responsibility of Lessee (Sublessee, if applicable) from the date of Notice to Proceed with construction.
➢ Extension of utilities to proposed facilities shall be the sole responsibility of Lessee (Sublessee, if applicable).
➢ Lessee (Sublessee, if applicable) or contractor shall be responsible for returning any areas disturbed by excavation and installation of any utilities o r related equipment to the condition before construction.
4.24. Vehicle Parking
A landside vehicle parking area plan describing the vehicle parking layout shall be submitted with the Development Plan (as outlined in Section 5.2) and approved in writing by the City prior to construction.
All vehicle parking areas shall be paved with a weight bearing capacity that accommodates anticipated usage and the heaviest expected load.
Number of Vehicle Parking Spaces – Vehicle parking areas shall provide parking consistent with Livermore Development Code Chapter 4.04, Parking Standards, as it exists today or amended. In addition, the following parking ratios apply:
➢ One vehicle parking space per 1,000 square feet up to 20,000 square feet of building area which is used for aircraft storage and/or maintenance. One vehicle parking space per 2,000 square feet of building area in excess of 20,000 square feet.
ATTACHMENT 1
535
LEASING AND DEVELOPMENT POLICY
Leasing and Development Policy
City of Livermore, Livermore Municipal Airport
21 ➢ One handicapped space is required for every 25 spaces and one of every 8 handicapped accessible parking spaces, but always at least one, must be “van-accessible”.
5. PROCEDURES FOR DEVELOPMENT CONCEPT APPROVAL
5.1. Concept Plan
At a minimum, the Concept Plan shall include the following information:
➢ name of the proposed development (project name);
➢ vicinity map with scale (1” = 2,000 feet preferred), north arrow facing the top of the page, and date of preparation;
➢ location and legal description of the lot;
➢ location and proposed uses of Improvement areas to include estimated dimensions and square footages;
➢ location and dimensions of required setbacks;
➢ number and location of vehicle parking areas based on building square footage estimates; ➢ designation and classification of any right of way, turning or acceleration and/or deceleration lanes, areas to be vacated, access points, etc.;
➢ fencing and security gates;
➢ topographic map depicting existing and proposed contours; ➢ preliminary utilities plan depicting existing and proposed location of all utilities; ➢ internal site circulation and designation of public and private streets; ➢ designated open space;
➢ proposed schedule for completion of the Development Plan (as outlined in Section 5.2); ➢ Project Narrative that describes how the proposed development will meet the objectives identified in Section 1.2 and Resolution 20 1 0-058
5.2. Development Plan
The Development Plan shall include a complete set of plans and specifications that fully define the proposed land use as described in the listed in the City’s Plan Set Requirements for Planning Applications handout.
The Development Plan shall address the function, right(s) -of-way, and widths of roadways within and adjacent to the site. The Development Plan shall identify the location, type, and extent of access to/from Airport roadways and the necessary traffic controls (if any) for each of the development’s access points.
The City will not accept incomplete submittals. One original and four copies of the Development Plan shall be organized into five self -contained packets. An electronic copy of the Development Plan shall also be provided.
To be accepted by the City, the Development Plan shall include the documents listed in the City’s Plan Set Requirements for Planning Applications handout and the following items and requirements:
Letter of Intent – This letter shall describe the proposed development and convey the anticipated construction schedule for the proposed development.
Letter from Water and Sewer Providers – Based on written notification to the providers from the Applicant of the intent to develop the site which includes an estimated total number of gallons per day of water requirements and an estimated number of gallons per day of sewage to be treated, both based on total building square footage and use, letters from the proposed water and sewer providers shall include proof that the provider has the ability to fully serve the development according to the requirements identified by the Applicant.
ATTACHMENT 1
536
LEASING AND DEVELOPMENT POLICY
Leasing and Development Policy
City of Livermore, Livermore Municipal Airport
22 In the case of a proposal for utilization of individual wells and/or septic tanks, the Development Plan shall clearly state that wells are proposed. The City will refer the entire submittal to the appropriate Agency having jurisdiction to obtain an opinion on the adequacy of the proposal.
Letter from Livermore-Pleasanton Fire Department (LPFD) – This letter shall identify the impacts of the proposed development on the LPFD (in general) and the LPFD’s capabilities of servicing the proposed development (in particular).
Engineer Stamp – All plans and drawings shall be stamped by an engineer certified or licensed in the State of California.
Waiver Request Letter – This letter, which requests a waiver to the submittal process shall identify each item for which a waiver is requested and provide detailed justification for the request. This is a separate letter and it shall not be combined with or substituted for the Letter of Intent.
Review Fee – Checks shall be made payable to the City for the total amount of fees required as stipulated by the City.
Entitlement Fees – Checks shall be made payable to the City for the total amount of fees required as stipulated in the City’s Master Fee Schedule.
Financial Plan – The Financial Plan shall include a statement of financial capacity from a qualified financial institution, a three -year historical income statement and balance sheet, a three -year historical statement of cash flows, a five -year projected income statement (or pro forma) for the proposed development, and a five-year projected statement of cash flows for the proposed development.
Development Agreement – Copy of executed Development Agreement.
Completed FAA Form 7460-1 – Notice of Proposed Construction or Alteration.
5.3. Requirements of the Federal Aviation Administration Non-Aeronautical Uses – FAA approval may be required for any project involving non-aeronautical uses.
Possible Obstructions in the Navigable Airspace – 14 CFR Part 77 Safe, Efficient Use, and Preservation of the Navigable Airspace establishes the maximum allowable heights of objects on or in the vicinity of Airport. These regulations define “imaginary surfaces” which, if penetrated by an object, would be considered an obstruction. Any planned development that would penetrate these imaginary surfaces would, most likely, not be approved by the FAA in which case, it is unlikely that the City would approve the project as well.
Notice of Proposed Construction or Alteration – Once the Development Plan has the support of the City and once FAA Form 7460 -1, Notice of Proposed Construction or Alteration has been completed by the Applicant, the City will submit the form to the FAA.
➢ FAA Form 7460-1, Notice of Proposed Construction or Alterati on is the official notification to the FAA of the proposed construction or alteration.
➢ The Applicant shall complete FAA Form 7460 -1, Notice of Proposed Construction or Alteration, and provide any additional or supplemental information requested by the FAA or the City to facilitate the approval process.
ATTACHMENT 1
537
LEASING AND DEVELOPMENT POLICY
Leasing and Development Policy
City of Livermore, Livermore Municipal Airport
23 6. CONSTRUCTION PHASE
6.1. Pre-Construction Meeting
Prior to initiating construction, the City shall arrange a pre-construction meeting with the Lessee (Sublessee, if applicable), developers, contractors, subcontractors, vendors, suppliers, and any other entities involved with the development at the Airport to review the City’s safety, security, efficiency, operational, and coordination requirements including any limitations, restrictions, and/or prohibitions relating to same.
6.2. Permits, Licenses, Inspections, and Certifications Lessees (Sublessee, if applicable), developers, contractors, subcontractors, vendors, suppliers, or any other entity involved with the development shall obtain and incur the expense of all required permits, licenses, inspections, certifications, and approvals/authorizations associated with the development.
No construction shall be undertaken without first receiving a building permit.
6.3. Bonds
Contractor Construction Bond – Prior to the issuance of notice to proceed, Lessee’s (Sublessee’s, if applicable) contractor shall deliver to the City and shall maintain in full force and effect throughout the entire construction period a contractor construction bond and a labor and material payment bond, each in a sum not less than 100% of the construction contract amount. These bond s shall guarantee prompt and faithful payment by contractor to all persons supplying labor, materials, sustenance, provisions, supplies, rental machinery, tools, and equipment used directly or indirectly by the contractor, subcontractors, vendors, and suppliers in the prosecution of the work provided for in the construction contract and shall indemnify, hold harmless, protect, and defend the City from any liability, loss, or damage associated with the project. These bonds shall name the Lessee (Sublessee, if applicable) as the obligee with the City being named on the dual obligee rider.
Tenant Payment Bond – Prior to the issuance of notice to proceed, the Lessee (Sublessee, if applicable) shall provide the City with a tenant payment bond in a sum not less than 100% of the construction contract amount. The tenant payment bond shall guarantee prompt and faithful payment to the contractor by the Lessee (Sublessee, if applicable) for the work performed by the contractor under the construction contract.
Surety Company’s Financial Rating Requirement – All bonds shall be issued by a surety company certified or licensed to transact business in the State and satisfactory to the City. If a bond is executed by an attorney-in-fact of the surety, a power of attorney shall be attached to the bond.
The surety company shall have a Best rating of A or better or be approved in advance and in writing by the City.
6.4. Insurance
Contractor shall procure, maintain, and pay all premiums throughout the entire construction period for the insurance coverages and amounts set forth in Appendix 7.8 and as may be required by Legal Requirements.
6.5. Clean-Up During Construction
The construction site and other associated areas shall be kept free of accumulated waste materials, dirt, and surplus materials. Waste materials, dirt, and surplus materials shall not be permitted to (a) create a safety, security, health, or welfare hazard to persons; (b) harm Property; (c) interfere with any activity normally occurring on the Airport; and (d) shall be disposed of in a prompt and appropriate manner, consistent with best practices. Barriers shall be used to ensure debris does not leave the construction area. ➢ The construction site shall be maintained in a clean, neat, orderly, sa fe, secure, efficient, and ATTACHMENT 1
538
LEASING AND DEVELOPMENT POLICY
Leasing and Development Policy
City of Livermore, Livermore Municipal Airport
24 functional condition, consistent with best practices. ➢ Failure to properly maintain the construction site may result in the City conducting or contracting the clean-up at the Lessee’s (Sublessee, if applicable) or contractor’s sole risk, cost, and expense.
➢ This is not to be construed as a duty or obligation of the City to provide or arrange for such clean up services.
6.6. Damages During Construction
Lessee (Sublessee, if applicable) shall be fully responsible for and sh all replace, or in the City’s sole discretion, shall reimburse the City for all damages to land, Improvements, vehicles, aircraft, equipment, tools, and any other Property and related appurtenances at the Airport caused by Lessee (Sublessee, if applicable) or its employees, agents, customers, visitors, vendors, contractors, and suppliers.
6.7. Erosion Prevention During Construction
To prevent loss of soil by water and wind erosion and to minimize the generation of dust, best practices combinations of the following approaches shall be used during construction. ➢ A dust mitigation plan shall be submitted and approved by the City prior to the start of construction.
➢ Only the smallest possible area of cleared land shall be exposed. ➢ Provisions shall be made to effectively accommodate increased runoff caused by changes to soil and/or surface conditions.
➢ Permanent surfacing and landscaping shall be installed as soon as practical. ➢ Temporary mulching shall be used for imported fill that may be subject to erosion. ➢ Cleared land shall be watered down at frequent intervals to minimize the creation of dust.
6.8. Inspections
The City or its designated representative may observe the activities and/or inspect the work being performed by the Lessee (Sublessee, if applicable), developers, contractors, subcontractors, vendors, suppliers, or any other entities associated with the development to determine whether or not the requirements of the approved plans, specifications, drawings, and related documents (as submitted in the Development Plan outlined in Section 5.2 and approved by the City) are being met (and the work is being accomplished) in a safe, secure, efficient, and prompt manner and in accordance with the Airport’s operational and coordination requirements.
➢ This would include, but not be limited to, construction methods, techniques, processes, and procedures; materials and finishes; vehicles, equipment, and tools; and personnel.
Lessee (Sublessee, if applicable), developers, contractors, subcontractors, vendors, suppliers, or any other entities associated with the development shall provide these inspectors and any other inspectors from Agencies having jurisdiction with unlimited access and provide the means for accessing any area of the construction sit e. Such inspections shall not relieve the Lessee (Sublessee, if applicable), developers, contractors, subcontractors, vendors, suppliers, or any other entities associated with the development of any responsibilities, obligations, and/or other requirements.
6.9. Protection of Property and Work in Progress
Lessee (Sublessee, if applicable), developers, contractors, subcontractors, vendors, suppliers, and any other entities associated with the development shall take all reasonable precautions to protect and ensure the safety, security, health, and welfare of persons on or near the construction site and shall take all reasonable measures to prevent injury to persons or damage to Property on or near the construction site including:
ATTACHMENT 1
539
LEASING AND DEVELOPMENT POLICY
Leasing and Development Policy
City of Livermore, Livermore Municipal Airport
25 ➢ all work and materials, vehicles, equipment, tools, fixtures, and furnishings at the site, whether in storage on or off the site, under the care, custody, or control of the contractor, subcontractors, or any other entities associated with the development; and ➢ all other Property at the site or adjacent to the site, including, but not limited to, lawns, vegetation, pavements, walkways, roadways, driveways, buildings, and utilities not designated for removal, relocation, or replacement.
6.10. As-Built Drawings
Within thirty (30) calendar days of project completion, the Applicant shall submit reproducible as-built 11” x 17” CAD drawings of all Improvements including existing and constructed underground utilities. Vertical and horizontal locations shall be referenced to the Airport’s benchmark using the station/offset system. The as-built drawings shall be signed by an engineer or land surveyor certified or licensed in the State.
ATTACHMENT 1
540
APPENDIX
Leasing and Development Policy
City of Livermore, Livermore Municipal Airport
26 7. APPENDIX
7.1. Airport Development Priorities
ATTACHMENT 1
541
APPENDIX
Leasing and Development Policy
City of Livermore, Livermore Municipal Airport
27 ATTACHMENT 1
542
APPENDIX
Leasing and Development Policy
City of Livermore, Livermore Municipal Airport
28 ATTACHMENT 1
543
APPENDIX
Leasing and Development Policy
City of Livermore, Livermore Municipal Airport
29 7.2. Definitions
Agency – Any federal, state, or local governmental
entity, unit, organization, or authority.
Air Operations Area (AOA) – A portion of an airport
which includes aircraft Movement Areas, Ramps, and
safety areas, and any adjacent areas that are not
separated by adequate security systems, measures, or
procedures.
Airport – All land, Improvements, and appurtenances
within the legal boundaries as it now exists on the
Airport Layout Plan (or Exhibit A of the most recent
FAA grant) and as it may hereinafter be modified at
Livermore Municipal Airport (LVK).
Airport Land Use Commission (ALUC) – A local
Agency responsible for ensuring compatibility between
airports and the surrounding land uses
Airport Layout Plan (ALP) – The FAA approved
drawing, as may be amended from time to time, which
reflects an agreement between the FAA and City
depicting the physical layout of an airport and
identifying the location and configuration of current
and proposed Runways, Taxiways, buildings,
roadways, utilities, navaids, etc.
Airport Manager – That person (or designated
representative thereof), appointed by the City,
responsible for the administration and day -to-day
operation and management of the Airport, all City
owned Property, vehicles, eq uipment, material,
financial assets, and Employees at the Airport, and all employees assigned to the Airport.
Airport Sponsor Assurances – Those contractual
obligations that are described by law in 49 U.S.C.
47107 and are undertaken by a public airport spo nsor
as a condition of receipt of federal airport development grants or federal surplus Property.
Applicant – An entity desiring to use land and/or
Improvements at the Airport to engage in an
Aeronautical Activity and who shall apply in writing
and in the manner or form prescribed herein for
authorization to engage in such Activities at the
Airport.
Certificates of Insurance – A certificate provided by and executed by an insurance company to the City
providing evidence of the insurance coverages and
policy limits.
Commercial – For the purpose of securing earnings,
income, Compensation (including exchange or barter
of goods and services), and/or profit.
Competitive Proposal Process – A process that is used
to seek competitive proposals from qualified entities
when land and/or Improvements are or become
available at the Airport for occupancy or use.
Confidential Information – Any information or data,
regardless of whether it is in a tangible form, that is not generally available to the public and is clearly market and identified as “confidential”.
Development Agreement – A written contract (e.g.,
lease agreement, license agreement, permit, etc.),
enforceable by law, executed by both parties, between
the City and entity transferring rights or interest in land and/or Improvements and/or otherwise authorizing the
conduct of certain activities.
Disposition and Development Agreement (DDA) – A
written contract (e.g., lease agreement, license
agreement, permit, etc.), enforceable by law, executed
by both parties, between the City and entity transferring rights or interest in land and/or Improvements and/or
otherwise authorizing the conduct of certain activities.
Emergency Vehicle – Vehicle of any Agency providing
law enforcement, fire protection, rescue, emergency
medical or ambulatory t ransportation, or any vehicle
conveying an Airport official or an Airport employee
in response to an emergency call.
Equipment – All Property and machinery, together with
the necessary supplies, tools, and apparatus necessary
for the proper conduct of the Activity being performed.
Fixed Based Operator (FBO) – A Commercial Operator
engaged in the sale of products and services and the
renting or subleasing of facilities consistent with the Minimum Standards.
General Aviation – All aviation with exception of Air
Carriers and the military.
Hangar – Any fully or partially enclosed storage facility for an aircraft.
ATTACHMENT 1
544
APPENDIX
Leasing and Development Policy
City of Livermore, Livermore Municipal Airport
30 Immediately – The ability to occupy Leased Premises
and offer products, services, and/or f acilities (to the public) on the effective date of the Agreement. When
construction and/or alteration of facilities are involved, immediately shall mean the ability to obtain a
certificate of occupancy from the authorizing Agency
for the proposed facilities within 18 months following
the possession of the Leased Premises.
Improvements – All buildings, structures, additions,
and facilities including pavement, fencing, and
landscaping constructed, installed, or placed on, under, or above any land on the Airport.
Legal Requirements – All applicable federal, state,
City, and local laws, codes, ordinances, executive
orders, policies, and regulations.
Leased Premises – The land and/or Improvements used
exclusively under Agreement by a Tenant.
Lessee – An entity that has entered into an Agreement
to occupy, use, and/or develop land and/or
Improvements.
Master Plan – An assembly of documents and drawings
(which have been approved by the FAA and adopted by
the City) covering the development of the Airport from
a physical, economic, social, and political jurisdictional perspective. The Airport Layout Plan is part of the
Master Plan.
Minimum Standards – Primary Management and
Compliance Document that sets forth those
qualifications, standards, and criteria set forth as the minimum requirements to be met as a condition for the
right to engage in Activities at the Airport, as may be amended from time to time.
Movement Area – The Runways, Taxiways, and other
areas of the Airport which are utilized for taxiing, hover taxiing, takeoff, and landing of aircraft (exclusive of aircraft parking, loading, unloading, fueling, and
servicing areas) where aircraft are moved with radio
contact with ATC or other aircraft. The Movement
Area includes all areas under the direct and positive
control of ATC. Specific approval for entry onto the
movement area must be obtained from ATC.
Non-Commercial – Not for the purpose o f securing
earnings, income, Compensation (including exchange
or barter of goods and services), and/or profit.
Non-Movement Area – Those portions of the Airport
where aircraft taxi or are moved without radio contact
with ATC or other aircraft.
Operator – An entity that has entered into an
Agreement with the City to engage in Commercial
Aeronautical Activities at the Airport.
Paved – Covered with asphalt or concrete that forms a
firm level surface.
Property – Any tangible or intangible possession that is owned by an entity or a person.
Ramp – Those paved areas of the Airport within the
AOA designated by the City for parking, loading,
unloading, fueling, or servicing of aircraft.
Refueling Vehicle – Any vehicle used for transporting,
handling, or dispensing of fuels and lubricants.
Runway – An area of the Airport developed and
improved for the purpose of accommodating the
landing and takeoff of aircraft.
Specialized Aviation Service Operator (SASO) – A
Commercial Operator that provides any one or a
combination of the following Activities: Aircraft
Maintenance, avionics or instrument maintenance,
aircraft rental or flight training, aircraft charter or aircraft management, aircraft sales, and other
Commercial Aeronautical Activities.
Sublease – An agreement entered into by an entity with
an Operator or Lessee that transfers rights or interests in the Operator’s or Lessee’s Leased Premises and for
which, the City has given proper consent.
Sublessee – An entity that has entered into a Sublease
with an Operator or Lessee who is authorized (by the
City) to engage in Commercial Aeronautical Activities
at the Airport.
Taxilane – The portion of the Ramp used for access
between Taxiways and Ramps. Taxilanes are always
outside the Movement Area and differentiated from a
Taxiway by the required Object Fr ee Area
requirements stipulated by the FAA.
ATTACHMENT 1
545
APPENDIX
Leasing and Development Policy
City of Livermore, Livermore Municipal Airport
31 Taxiway – A defined path, usually paved, over which
aircraft can taxi from one part of an airport to another (excluding the Runway). ATC must have a clear line of
sight to all Taxiway centerlines. Additionally, a
Taxiway is further differentiated from a Taxilane by the required Object Free Area requirements stipulated by
the FAA.
Tenant – A person, Association, or entity that has
entered into an agreement with either the City or
Operator to occupy land and/or Improvements at the
Airport for commercial or non-commercial purposes.
Transient Aircraft – Any aircraft utilizing the Airport for occasional or temporary purposes which is not
stationed at the Airport.
ATTACHMENT 1
546
APPENDIX
Leasing and Development Policy
City of Livermore, Livermore Municipal Airport
32 7.3. Acronyms
AC Advisory Circular
ALP Airport Layout Plan
ATC Air Traffic Control
ALUC Airport Land Use Commission
AOA Air Operations Area
CEQA California Environmental Quality Act
CFR Code of Federal Regulations
CO Certificate of Occupancy
FAA Federal Aviation Administration
FBO Fixed Base Operator
IDSRT Inter-Departmental Staff Review Team
MOU Memorandum of Understanding
NEPA National Environmental Protection Act
SASO Specialized Aviation Service Operator
SPCC Plan Spill Prevention, Control, and Countermeasures Plan SWPPP Storm Water Pollution Prevention Plan
U.S.C. United States Code
ATTACHMENT 1
547
APPENDIX
Leasing and Development Policy
City of Livermore, Livermore Municipal Airport
33 7.4. Leasing Practices Flowchart
ATTACHMENT 1
548
APPENDIX
Leasing and Development Policy
City of Livermore, Livermore Municipal Airport
34 ATTACHMENT 1
549
APPENDIX
Leasing and Development Policy
City of Livermore, Livermore Municipal Airport
35 ATTACHMENT 1
550
APPENDIX
Leasing and Development Policy
City of Livermore, Livermore Municipal Airport
36 ATTACHMENT 1
551
APPENDIX
Leasing and Development Policy
City of Livermore, Livermore Municipal Airport
37 7.5. Lease / Development Proposal Evaluation Form
It is the goal of the City to ensure Airport property is leased and developed in a high-quality manner consistent with sound fiscal management and best operational practices while ensuring the provision of essential infrastructure, Improvements, and amenities that support the overall operation of the Airport. The City has established the following objectives to help achieve this goal.
Please provide a detailed description as to how the proposed development/redevelopment meets the following objectives:
➢ Environmental –Employ sustainable development practices to conserve natural resources and minimize adverse impacts such as noise, air, and water pollution on the environment. Actions to reduce the impact of noise pollution should be employed such as foste ring the reduction of aircraft noise through voluntary noise reduction efforts especially during night hours. Action to reduce air pollution should be taken by supporting the transition from leaded to unleaded fuel. Action to prevent PFAS or other contamin ation into the water system should be undertaken such as monitoring the use of fire foam or other chemicals containing PFAS and report such usage to the Airport Advisory Commission.
➢ Social – Maintain and enhance a compatible relationship between the Airpo rt and the surrounding community through public engagement efforts that will include information regarding the scope and scale of proposed projects and provide opportunities for public input and inquiry. Public engagement should address potential impacts to residents and surrounding communities such as increased aircraft activity, vehicle traffic, and noise, including how these impacts may be mitigated.
➢ Function –Development of Airport land and Improvements is to occur in response to existing aviation demand, such as the existence of a hangar waiting list, letters of interest or proposals to provide essential aeronautical services to avoid the need for based aircraft flying to other airports to receive those services, or services determined to be supportive of the local community, such as law enforcement or emergency medical transport. All development and redevelopment must meet the needs of the Airport and be consistent with the Airport’s Minimum Standards for Commercial Aeronautical Activities (Minimum Standards) and the existing development of the Airport. Projects will be evaluated by the Airport Advisory Commission. ➢ Visual – Establish high -quality standards for architectural and landscape design and construction.
➢ Economic – Support the local economy and ensure economic vitality. Preserve property values, enhance investments, and ensure the Airport is as self - sustaining as possible consistent with the Federal Aviation Administration (FAA) Airport Sponsor Assurances. ➢ Compatibility – This Policy will encourage development that is consistent with Airport Development priorities as stated herein in this Policy and in Resolution 2010 -058, a copy of which is attached in Appendix 7.1.
The above objectives reflect the Airport Development Priorities established by the Livermore City Council in 2010 through Resolution number 2010-058, a copy of which is attached in Appendix 7.1. The above Goal, Objectives, and Development Priorities established in Resolution 2010-058, will be used as criteria for evaluating proposals for Airport land lease /development, as further explained in this document.
General Requirements
ATTACHMENT 1
552
APPENDIX
Leasing and Development Policy
City of Livermore, Livermore Municipal Airport
38 All development, improvement, renovation, or landscaping shall comply with the Airport Layout Plan, Minimum Standards, 14 Code of Federal Regulations (CFR) Part 77 Safe, Efficient Use, and Preservation of the Navigable Airspace , and/or other Legal Requirements. Notwithstanding any other provisions of this Policy, land and/or Improvements shall not be developed or used in such a manner as to:
➢ interfere with aircraft communication or navigation equipment, ➢ adversely impacts the visibility of airport lighting and/or signage, ➢ impairs the visibility of aircraft crew members or Air Traffic Control (ATC) personnel; or ➢ otherwise endangers or adversely impacts the arrival, departure, or maneuvering of aircraft.
Please provide a detailed description as to how the proposed development/redevelopment meets the above general requirements.
7.6. RFI, RFQ, and/or RFP Document Guidelines
The content that may be included in each type of document is identified in the table that follows:
Item RFI RFQ RFP
Objectives with respect to the opportunity • • •
Responsibility for compliance with Legal Requirements • • Overview of the community, the Airport, and the marketplace • • • Location (and approximate size) of the subject property • • • Complete and thorough description of the subject property • • Anticipated use of the subject property • • •
If Commercial, outline the desires with regard to the: (a) entity’s qualifications and experience and (b) the range, level, and quality of General Aviation products, services, and facilities (and/or Improvements) to be developed
•
•
Anticipated lease term (duration) •
Minimum rent for the subject property •
If Commercial, identify the minimum fees and/or other charges for engaging in Activities at the Airport
•
Schedule that identifies key dates for the process • • • If necessary, the location, date, time, and requirement for attendance at a pre- proposal conference • • •
Specific instructions regarding the content and format of the submission • • • Require a proposal bond or personal guarantee (that shall remain in effect for 180 calendar days), in the amount equal to the total rents, fees, and other charges proposed to be paid in the first month of the Agreement or $1,000 (whichever is greater)
•
Place, date, time, and any additional instructions for submission • • • Grounds for denial or disqualification and withdrawal • Evaluation and/or selection criteria to be utilized • • Required forms, statements, and affidavits to be completed for submission • Draft of proposed Agreement and/or Permit •
Minimum Standards and Rules and Regulations •
7.7. Advertising Guidelines
The RFI/RFQ/RFP advertisement should:
➢ provide a description of the RFI/RFQ/RFP opportunity including identification of the Airport land and/or Improvements that are and/or may be available for lease (subject property) and the General Aviation products, services, and/or facilities that are and/or may be desired by the City; ➢ provide instructions to proposers for obtaining the RFI/RFQ/RFP document; and ➢ identify the date, time, and method for submittals.
7.8. Insurance
ATTACHMENT 1
553
APPENDIX
Leasing and Development Policy
City of Livermore, Livermore Municipal Airport
39 Contractor shall procure, maintain, and pay all premiums throughout the entire construction period for the insurance coverages and amounts set forth in this Section and as may be required by Legal Requirements.
The insurance company or companies underwriting the required policies shall be authorized to write such insurance in the State with a Best rating of A or better or be approved in advance and in writing by the City. ➢ Commercial General Liability – Coverage in the minimum amount of $1,000,000 combined single limit (CSL) bodily injury and Property damage each occurrence and $2,000,000 aggregate, including personal injury, broad form Property damage, products/completed operations, explosion, collapse, underground, broad form blanket contractual, and $100,000 fire legal liability.
➢ Commercial or Business Automobile Liability – Coverage in the minimum amount of $1,000,000 CSL bodily injury and Property damage for all vehicles arising out of the use, loading, and unloading of owned, non-owned, or hired vehicles. ➢ Personal Vehicle Liability – Coverage in the amounts of $250,000 per person and $500,000 each Accident Bodily Injury and $100,000 each Accident Property Damage for each vehicle to be operated in association with the contract that is not insured under Commercial vehicle Liability.
➢ Workers’ Compensation (WC) – Coverage, in full compliance with California’s statutory requirements, for all employees of contractor and Employer’s Liability in the minimum amount of $1,000,000.
➢ Professional Liability (Errors and Omissions) Engineers and Architects – Coverage in the minimum amount of $500,000 each occurrence and $1,000,000 aggregate. ➢ Property Coverage – Course of Construction (Builder’s Risk) Insurance covering all materials and equipment at the job site, with limits of not less than one hundred percent (100%) of the total estimated cost of construction, against all perils including flood until the project is completed and accepted by the City. Should the work being constructed be damaged by fire or any other causes during construction, contractor shall replace it in accordance with the requirements of the plans and specifications without additional cost or expense to the City.
All insurance required will be primary coverage and any insurance or self-insurance maintained by the City shall be excess of contractor’s insurance coverage and shall not contribute to it.
The City shall be notified immediately if any aggrega te insurance limit is exceeded. Additional coverage shall be purchased to meet requirements.
All insurance, which contractor is required to carry and keep in full force and effect, shall name the City and the City Council, individually and collectivity, and its representatives, officers, officials, employees, agents, and volunteers as additional insured.
Contractor agrees to waive all rights of subrogation against the City and the City Council, individually and collectively, and its representatives, officers, officials, employees, agents, and volunteers for losses arising directly or indirectly from the activities and/or work performed by contractor (applies only to Commercial General Liability and Workers’ Compensation).
Policies shall not be suspended, voided, or canceled by either party or reduced in coverage or in limits except after thirty (30) calendar days prior written notice, fourteen (14) calendar days prior written notice for cancelation for non-payment of premium, by certified mail, return receipt requested, has been given to the City.
Contractor agrees to provide the City with the following insurance documents before the start of ATTACHMENT 1
554
APPENDIX
Leasing and Development Policy
City of Livermore, Livermore Municipal Airport
40 construction:
➢ Certificates of Insurance for all required coverages; ➢ additional insured endorsements;
➢ waiver of subrogation endorsements (e.g., waiver of transfer rights of recovery against others, waiver of our right to recover from others, etc.); and
➢ sixty (60) calendar days’ notice cancellation clause endorsements.
It is the responsibility of the contractor to ensure that any and all subcontractors comply with all terms and conditions of the insurance provisions stipulated herein.
Insurance coverage in the minimum amounts set forth herein shall not be construed to relieve contractor for liability in excess of such coverage, nor shall it preclude the City from taking such other actions as are available to it under the law.
Claims Made Insurance – If the Professional Liability coverage is “claims made”, contractor shall, for a period of three years after the date when contract is terminated, completed, or non -renewed, maintain insurance with a retroactive date that is on or before the start date of contract services or purchase an extended reporting period endorsement (tail coverage).
Contamination and Pollution – Contractor, at its own cost and expense, shall provide clean-up of the site, any other Property, or any natural resources that are contaminated or polluted as a result of contractor’s activities. Any fines, penalties, punitive or exemplary damages assigned due to contaminating or polluting activities of the contractor shall be borne entirely by the contractor.
ATTACHMENT 1
555
Attachment 4 – Pilot Information Guide
ATTACHMENT 1
556
ATTACHMENT 1
557
ATTACHMENT 1
558
Attachment 5 – All full-size mapping
ATTACHMENT 1
559
64 3
5 13
11 2
14 9 7
10 12
8 1
Proposed
Active
Active
Proposed
Source: Esri, Maxar, GeoEye, Earthstar Geographics, CNES/Airbus DS, USDA, USGS, AeroGRID, IGN, and the GIS User Community I
0 1,000 2,000 3,000 4,000500
Feet
Livermore Airport (LVK)
Airport Land Use Analysis
Aviation Features
Airport Boundary Undeveloped Sites
I
Aviation Features
Runway Protection Zones
Runways
Taxiways
ATTACHMENT 1
560
1 8
12 10
79 14
2 11
13 5
3 4 6
Source: Esri, Maxar, GeoEye, Earthstar Geographics, CNES/Airbus DS, USDA, USGS, AeroGRID, IGN, and the GIS User Community Airport Boundary Airport Parcels Undeveloped Sites
I
0 1,000 2,000 3,000 4,000500
Feet
Livermore Airport (LVK)
Airport Land Use Analysis
Undeveloped Airport Property Holdings
ATTACHMENT 1
561
1610414814
1610388248
64 3
5 13
11 2
14 9 7
10 12
8 1
1610388251
1610388258
1610388257
1610414697
16103882471610414685
1610414705
1610414801
1610393099
1610414652
1610414706
1610414815
1610388252
Source: Esri, Maxar, GeoEye, Earthstar Geographics, CNES/Airbus DS, USDA, USGS, AeroGRID, IGN, and the GIS User Community Airport Boundary Airport Parcels Undeveloped Sites
I
0 1,000 2,000 3,000 4,000500
Feet
Livermore Airport (LVK)
Airport Land Use Analysis
Undeveloped Airport Property Holdings
ATTACHMENT 1
562
Open
Space Mixed Use - Isabel
N'hood Specific Plan
Community FacilityCommunity Facility
Open Space
64 3
5 13
11 2
14 9 7
10 12
8 1
Source: Esri, Maxar, GeoEye, Earthstar Geographics, CNES/Airbus DS, USDA, USGS, AeroGRID, IGN, and the GIS User Community Airport Boundary Undeveloped Sites
I
0 1,000 2,000 3,000 4,000500
Feet
Livermore Airport (LVK)
Airport Land Use Analysis
City of Livermore General Plan Land Use
General Plan Land Use
ATTACHMENT 1
563
E
AIR
64 3
5 13
11 2
14 9 7
10 12
8 1
AIR
OS-A
AIR-OP
E
AIR
PD-INSP
PD-ECSP-OS
AIR-OPPD-ECSP-OS
I-2
AIR-OP
E
OS-F
Source: Esri, Maxar, GeoEye, Earthstar Geographics, CNES/Airbus DS, USDA, USGS, AeroGRID, IGN, and the GIS User Community Airport Boundary Undeveloped Sites
I
0 1,000 2,000 3,000 4,000500
Feet
Livermore Airport (LVK)
Airport Land Use Analysis
City of Livermore Zoning
Livermore Zoning
Airport
Industrial
Open Space
Planned Development
Public And Quasi-public
ATTACHMENT 1
564
Arroyo Las Positas
Arroyo LasPositas
Arroyo Las Positas
Arroyo Mocho Channel
AE
64 3
5 13
11 2
14 9 7
10 12
8 1
AE
AE
AE
AO AE
AE
Source: Esri, Maxar, GeoEye, Earthstar Geographics, CNES/Airbus DS, USDA, USGS, AeroGRID, IGN, and the GIS User Community Airport Boundary Undeveloped Sites
I
0 1,000 2,000 3,000 4,000500
Feet
Livermore Airport (LVK)
Airport Land Use Analysis
Water Features & FEMA Flood Zones
Water Features & Flood Zones
Streams
Lakes & Ponds
FEMA Flood Zones
AE: 100-year Flood Zone
AO: 100-year Flood Zone, Shallow Flow
ATTACHMENT 1
565
CITY COUNCIL STAFF REPORT
ITEM NO. 10.1
3.1 Commission for the Arts annual update presented by Chair Laurence E. Milder.
Material: PowerPoint Presentation
6.1 Hearing to receive and consider protests and direct staff to proceed with fieldwork on the abatement of weeds, rubbish, dirt, or refuse on specific described properties under the 2025 Weed Abatement Program.
Material: PowerPoint Presentation
7.1 Update on the Airport Land Use and Development Study Including Next Steps.
Materials: PowerPoint Presentation and Public Comment
8.0 Council Committee Reports and Matters Initiated by City Manager, City Attorney, Staff, and Council Members.
Material: Council Reports
DATE:
April 14, 2025
TO:
Honorable Mayor and City Council
FROM:
Marianna A. Burch, City Manager
SUBJECT:
Supplemental materials received prior to the meeting.
RECOMMENDED ACTION
SUMMARY
These materials were posted online and made available to the public at the same time that they were distributed to the City Council.
DISCUSSION
ATTACHMENTS
1. Supplemental Materials
566
Prepared by: Helena Graves
Deputy City Clerk
Approved by:
____________________________________
Marianna A. Burch
City Manager
Fiscal Review by:
____________________________________
Tina Olson
Administrative Services Director
567
1 v
2025 Commission for the Arts
Annual Update to the City Council
Presented by:
Chair Laurence E. Milder
April 14, 2025
2025 Commission for the Arts
From left to right: Tracy Sahn, Cathleen deOrnelas, Monya Lane, Natalia T. Custodio, Laurence E.
Milder, Rajagopal R. Kowligi, Robert Gausman, Thomasin Dewhurst 1 2
Item 3.1
PowerPoint Presentation
568
2 About the Commission for the Arts
The Commission for the Arts has the following duties and responsibilities:
• Encourage programs for the cultural
enrichment of the city.
• Make annual recommendations to the
City Council establishing art priorities
for the City.
• Receive input from the community on
issues relevant to arts policies.
• Develop and recommend to the Council
a five-to-ten-year cultural arts plan for
the city, including goals, implementation
strategies and financing methods. The
Commission shall review the plan every
five years and update it as necessary.
• Review and approve public art or make
recommendations regarding public art,
in accordance with established
procedures.
• Review and approve Public Art Fund
grant applications.
• Support the goals and priorities
adopted by the City Council.
Accomplishments from the Last Year
• Reviewed two mini grants (awarding two) and five Project & Program Grants (awarding three)
• The Commission assisted with the judging of the Livermore Art Association Spring Art Show, the Library’s Teen Art Expo, and Congressman Eric Swalwell’s Congressional Art Competition • Awarded nine students $600 awards through the High School Senior Arts Awards – students from Livermore High School, Granada High School, and Vineyard Alternative School received awards
3 4
Item 3.1
PowerPoint Presentation
569
3 Accomplishments from the Last Year (cont’d)
Review/Approval of Public Art
Accomplishments from the Last Year (cont’d)
Review/Approval of Public Art
5 6
Item 3.1
PowerPoint Presentation
570
4 Poet Laureate Recommendation
The Commission for the Arts interviews
candidates for Poet Laureate and makes a
recommendation to the City Council on
the appointment.
In June 2024, the Commission interviewed
Peggy Schimmelman and recommended
her re-appointment as the Poet Laureate
– she has held this role since July of 2022.
Throughout the year, the Commission and City
staff support programs and events planned
and presented by the Poet Laureate.
Commission Support Transitions to the Library
Ongoing Commission for the Arts
support is now being provided by
the Livermore Public Library. We
thank the Office of Innovation
and Economic Development for
their support over the last 5+
years!
As a natural partner for the arts,
the Library continues to actively
look for ways to integrate and
leverage the existing cultural arts
programming that is being
offered for all ages in the Library,
with the overall City arts program
that the Commission supports.
7 8
Item 3.1
PowerPoint Presentation
571
5 Thank You!
9 Item 3.1
PowerPoint Presentation
572
Item 6.1
PowerPoint Presentation
573
1 v
Update on the Airport Land Use and
Development Study
Including Next Steps
City Council
April 14, 2025
Andy Ross, Principal Planner
Agenda
1. Background and
Context
2. Community
and Stakeholder
Engagement
3. Site Potential and
Opportunities
4. Key Findings and
Next Steps
1 2
Item 7.1
PowerPoint Presentation
574
2 Background and Context
• Designated by FAA as a General Aviation Reliever Airport; does not provide passenger service on commercial airlines.
• 14 undeveloped sites occupying a total 165 acres
• Airport is obligated by FAA – Uses limited to airport function unless approved by FAA (requires demand forecast data)
Background and Context
FAA categorizes Land Uses into four categories:
• Aeronautical: Highest priority for airport land. Directly support the operation of aircraft: runways, taxiways, aprons, hangars, and facilities related to the storage, maintenance, and fueling of aircraft. • Airport Purpose (Aeronautical-Related): Related to, but not directly involved in, the operation of aircraft: terminal buildings, aircraft manufacturing and maintenance facilities, and training facilities. • Mixed Use: Combination of aeronautical and non-aeronautical activities: air cargo, research & development facilities, warehouse, office, or other space used for non-aeronautical purposes.
• Non-Aeronautical: Unrelated to aviation that do not support aircraft operations; commercial development: shopping centers, hotels, and office buildings.
3 4
Item 7.1
PowerPoint Presentation
575
3 Background and Context
• FAA prioritizes Aeronautical
/Airport Purpose Uses
• FAA approval required for
other uses with justification
• Forecast demonstrating
sufficient facilities to meet
current and future demand
for aeronautical uses (30+
years)
• Failure to operate as an
Airport could require City
repay $20+M in FAA grants.
Mixed Use
Aeronautical
Airport Purpose
Non-Aeronautical
Background and Context
In addition to FAA requirements, there are local airport plans and regulations:
• Airport Land Use Compatibility Plan: Encourages compatibility between airports and the various land uses that surround them.
• General Plan: Policy goals to maintain safety, minimize noise impacts, and ensure safe airspace through compatible development.
• Livermore Development Code: Identifies permitted aviation-oriented uses and appropriate development standards.
• Livermore Resolution 2010-058: Policy authorizing Airport development in response to demand for aviation services and hangars or in support of the local community subject to the recommendation of the Livermore Airport Commission. • Airport Layout Plan: Detailed graphical and written plan providing a “blueprint” for the development of an airport.
• Airport Development Policy: Processes/procedures to evaluate and approve or reject proposals related to the leasing and/or development of aeronautical and non- aeronautical land at the Airport.
5 6
Item 7.1
PowerPoint Presentation
576
4 Community & Stakeholder Engagement
Engagement was conducted in a
variety of formats:
• Focus Groups – 18 participants
• Open Houses – 91 attendees
• Online Survey – 850 responses
Feedback themes included:
• Growth & Development – mix of
uses/additional aviation facilities
• Sustainability & Innovation
• Community & Engagement
• Noise & Safety
Sites Potential and Opportunities
7 8
Item 7.1
PowerPoint Presentation
577
5 Key Findings
Staff conducted a study to identify potential development approaches and be responsive to the needs of the City, Airport, and the surrounding community, and implement the Airport Development Policy.
Key Findings:
• Mix of uses – There is a desire for a range of aviation, innovation, and industrial uses at the Airport.
• Hangars and Supporting Infrastructure – There is a demand for airplane storage to support operations and reduce
potential impacts to community.
• Forecast and Comprehensive Planning - There is a need to identify current and long-term airport demands and facilitate other uses in compliance with FAA requirements.
Next Steps
Pursue projects that improve operational efficiency, leverage the airport as a community asset, and generate economic vitality:
• Develop an approach and move forward with hangar development • Explore the potential of a public safety complex to improve local and regional emergency response
• Pursue an Aviation Innovation Center to foster new technologies in aviation and related sectors
• Explore electric aircraft (EVTOL) technologies and other advanced aviation technologies to help facilitate advancement in sustainable transportation and improve mobility
9 10
Item 7.1
PowerPoint Presentation
578
6 Airport Commission
• On March 19, 2025, Commission
accepted the report, agreed with the
conclusions drawn, and supported
staff’s next steps to pursue a four-
part development strategy.
• Commission recommended broader
language than “eVTOL,” as well as
preparation of an FAQ.
• Commission’s future role is advisory
to Council on review of specific
development proposals in
accordance with Airport
Development Policy.
Airport Commission
Approximately 15 members of the public provided
comments and asked questions.
What we heard:
Support for the Study and the four-part
development strategy.
Interest in new aviation technologies, training
programs, and increase public safety.
Concerns about noise, safety, air quality, and
eVTOL technology.
Desire for a master plan to determine feasibility of
non-aeronautical uses at the Airport.
Request for specific details regarding hangar
development, sizes, and locations as well as details
regarding the Innovation Center .
11 12
Item 7.1
PowerPoint Presentation
579
7 Next Steps & Timeline
Pursuant to prior City Council direction and Airport Development Policy, staff will pursue the following four tasks in 2025/2026:
• Identify best approach for hangar development (2025)
• Continue Public Safety Complex Feasibility Assessment (2025) • Open Aviation Innovation Center (2025/2026)
• Explore Advance Aviation Mobility (AAM) technologies (ongoing) Staff will provide quarterly updates to the Airport Commission on the above tasks.
v
Questions and Comments
City Council
April 14, 2025
13 14
Item 7.1
PowerPoint Presentation
580
1 Helena Graves
From: Brian Swanson
Sent: Friday, April 11, 2025 3:16 PM
To: City Clerk
Cc: Brandon Cardwell; Andy Ross; Benedict (Benny) Stuth; Angela Hescher; AirportDevelopment
Subject: Public Comment: Item #7.1 - Update on the Airport Land Use and Development Study Including Next Steps - City Council Regular Meeting - Monday, April 14, 2025, at 7:00 PM PDT
Exercise Caution: This message is from outside the City email system. Do not open links or attachments from untrusted sources.
City Council Members:
These comments are related to Item #7.1 - Update on the Airport Land Use and Development Study Including Next Steps of the City Council Meeting agenda for Monday, April 14, 2025, at 7:00 PM. These comments must be visible, easily found, and accessible (limiting the number of "clicks" to access) to all interested parties and the public in perpetuity in HTML (link integrity and functionality must be judiciously maintained, kept current, and/or updated, as needed) and PDF format.
I appreciate the City's efforts to document and share information. However, the City must address serious concerns in the interest of true open government and effective public input.
1. Transparency and Accountability of Public Engagement Detailed Meeting Documentation: While I recognize that "action" minutes, audio recordings, and soon, video recordings satisfy the minimum compliance requirements, they do not capture the full breadth of discussion between staff, the Airport Commission, and the City Council, or the substantive public input offered during meetings. Detailed, searchable meeting minutes are essential for tracking how public dialogue influences decisions. Such comprehensive records also play a critical role in complying with Americans with Disabilities Act requirements by ensuring all interested parties can access a complete record of the proceedings. Unanswered Public Inquiries: At the March 19, 2025, 6:30 PM Airport Commission meeting, approximately nine meeting participants raised important questions regarding the airport's future during the public comment period.
The Airport Commission seemed unsure of its role in providing policy oversight and guiding the Airport Land Use and Development Study and Next Steps. The Airport Commission seemed late to the effort and was left playing catch-up. Based on my observations during the meeting, the Airport Commission was overly passive and frequently left searching for more detailed information, therefore lacking confidence and more than willing to defer back to the City Council. The follow-up process for public comments was left ambiguous. To date, many of the questions raised by commenters remain unanswered.
It may be
too early to provide an adequately detailed response to many of the specific questions related to topics such as forecasted aviation activity levels, specific land parcels or airport facilities, or existing environmental conditions or reports. However, this lack of clarity undermines the Item 7.1
Public Comment
581
2 public's trust. It suggests that the staff, the Airport Commission, and the City Council should not mistake compliance with the bare minimums for bona fide transparency.
2. Concerns with the Proposed Projects
The staff report outlines several initiatives that require further clarification:
Multi-Agency Public Safety Complex: This project ostensibly aims to enhance emergency preparedness. However, questions remain regarding its realistic potential and the underlying funding. In light of the recent Los Angeles fires and the assumption that CalFire will need to reinvest in its emergency planning and operational preparedness substantially in Southern California, is it a realistic development lead, or is it a strategic move used as an in-road to expeditiously secure Federal Aviation Administration (FAA) funding or as a bridge that may lead to a more constant FAA funding stream (Airport Improvement Program), that would also facilitate the City's efforts to gain more control over the future development of the airport? Additionally, the strained relationship between Livermore Parks and East Bay Regional Parks raises concerns about the realistic interagency investment, coordination, and shared or joint operations that I assume are envisaged under this proposal.
Aviation Innovation Center: The "Aviation Innovation Center" concept is aspirational, yet its concrete purpose remains ambiguous. What are the intended specific functions, programs, or outcomes? Clarity on these points is necessary to ensure that this initiative is not merely a branding exercise but a targeted effort to drive meaningful improvements or technological advancements in aviation.
Advanced Air Mobility and eVTOL Technologies: The staff report references advanced air mobility and eVTOL projects. It is unclear whether the inclusion of this project is motivated by actual readiness and interest from eVTOL developers and operators or is intended primarily to make the airport more attractive for future proposals. A clear delineation of current commitments versus aspirational development goals will help the community understand the true intention behind these initiatives, especially given that no eVTOL has been certified by the FAA to date.
3. Funding and Strategic Direction
I also urge the Council to clarify the funding structure underlying these proposals. Specifically:
The economy is currently even more unclear than in recent times, mainly due to external influences. While I understand arguments can be made that planning and preparedness efforts should occur both in counter-cyclical and cyclical economic conditions, I would urge the City Council, Airport Commission, and staff to take an honest view of realistic economic conditions that underly each of these generalized projects to ensure public funds are spent responsibly, not on wasteful projects.
Is there secured outside funding already in place for any of these projects? Item 7.1
Public Comment
582
• Or is this study being used as an initial step to position the airport for future FAA Airport Improvement Program funding, thereby allowing the City Council and Airport Commission to shape future development according to its priorities?
Identifying the source of funds is critical-not only for assessing the feasibility of these projects but also for ensuring that public resources and future commitments are planned and managed with transparency and accountability. Identifying the underlying funding source will help shape and inform stakeholders' expectations as to what may be public information and what may not be accessible and help provide a clear understanding of who is in the driver's seat in terms of potential outcomes, the City or potential outside parties, and the public's ability to influence those possible outcomes.
Conclusion
Compliance with statutory requirements is only the starting point. True transparency and robust public engagement demand that:
• Detailed, accessible records are maintained that fully capture the discussion between staff, the Airport Commission, and the City Council, public questions and comments, and any resulting discussion.
• All public inquiries-and the clarity of the role bodies such as the Airport Commission are responsible for-should be addressed promptly and comprehensively. • Project justifications, funding pathways, and strategic goals are clear and for the benefit of our community.
I respectfully urge the City Council, Airport Commission, and staff to consider these points and work toward a genuinely inclusive and accountable process that informs, respects, and empowers the community.
Thank you for your attention.
Sincerely,
Brian Swanson, A1cP
On Tue, Apr 8, 2025 at 4:47 PM City of Livermore <cjtyotuvermore@publjc.�oydeljyery.com> wrote:
LATEST MEETING AGENDA AVAILABLE
City Council - Regular Meeting
Monday, April 14, 2025 at 7:00 PM PDT
3 Item 7.1
Public Comment
583
VIEW AGENDA
This email was sent to
SUBSCRIBER SERVICES:
Manage Subscriptions I Unsubscribe All I Help
using govDelivery Communications Cloud on behalf of: Livennore, California • 1052 S. Livennore Ave. Livennore, CA 94550
4 Item 7.1
Public Comment
584
1 Helena Graves
From: Srinath Nandakumar <[email protected]>
Sent: Saturday, April 12, 2025 2:52 PM
To: City Clerk
Subject: Airport Land Use Recommendations Comment
Exercise Caution: This message is from outside the City email system. Do not open links or attachments from untrusted sources.
Dear City Council: I am writing today to strongly urge you to adopt the recommendations made by the airport land use study. Namely, the recommendation to build more hangars to meet unmet demand, build facilities for public safety aircraft, and build an Aviation Innovation Center. As a 14-year old high school student in San Ramon, I had the opportunity to learn to fly in a small plane out of my local airport:
Livermore. That opportunity led me to a blossoming career as a flight instructor. For many people like me, the Livermore airport has served as a window into the world of aviation, a world that can transform your life for the better. Significant investment into this local resource will undoubtedly transform the lives of our community for the better - just as it has done for me. Thank you, and I look forward to your continued commitment and investment into our local Livermore Municipal Airport.
Srinath Nandakumar
Certified Flight Instructor - Airplane, Instrument
[email protected]
Item 7.1
Public Comment
585
1 Helena Graves
From: David Osborn
Sent: Saturday, April 12, 2025 8:25 PM
To: City Clerk
Subject: Comments for Livermore City Council, Agenda Item 7.1, LVK Airport Land Use STudy Exercise Caution: This message is from outside the City email system. Do not open links or attachments from untrusted sources.
Dear Livermore City Council,
Since 2003 I have been a member of Flying Particles Incorporated, a not-for-profit flying club founded in 1957, before the Livermore Airport was at its present site.
The Livermore Airport and the community of pilots, instructors, maintenance specialists, builders, and air traffic controller s within the confines of the airport have had a profound impact on my life. I learned to fly at LVK, which is still one of my most satisfying accomplishments. The community of people at LVK from whom I've learned, and who I have helped, makes this place special.
Aviation provides jobs and economic benefits to the city of Livermore. I urge you to take the steps outlined in the Airport Land Use Study that will strengthen and expand the airport. There are more citizens out there who dream of flying and who will find a home and community at LVK--please help support them.
Sincerely,
David Osborn
Past-President, Flying Particles Incorporated
Item 7.1
Public Comment
586
1 Helena Graves
From: Todd Schwegel
Sent: Sunday, April 13, 2025 8:54 PM
To: City Clerk
Subject: Comments for Livermore City Council, Agenda Item 7.1, LVK Airport Land Use Study Categories: Public Comment
Exercise Caution: This message is from outside the City email system. Do not open links or attachments from untrusted sources.
Dear Livermore Council Members,
I am a member of the Flying Particles Inc and Livermore EAA 663. I started flying out of Livermore in 2016. I have found the Livermore Airport to be a friendly community that encourages learning. I have met an amazing and helpful community of friends. These friends have many occupations, but share a common passion for many aspects of aviation.
My daughter’s activities at the Livermore Airport in high school encouraged her to pursue engineering in college. She graduates next month and starts a job with GE Aerospace as an engineer. I know many other young people who have started their career paths with activities at Livermore Airport to go onto to become mechanics, engineers, military and commercial pilots.
I ask you to adopt the studies recommendations of:
1. Build more hangars to meet unmet demand
2. Build facilities for public safety aircraft
3. Build an Aviation Innovation Center at the airport
4. Facilitate EVTOL Air Taxis at the airport
I am flying out of state for a family medical emergency tonight. I was planing on attending and speaking at tomorrow’s meeting before the emergency happened.
Thank you for hearing my voice,
Todd Schwegel
Past Secretary, Flying Particles Inc.
Item 7.1
Public Comment
587
1 Helena Graves
From: SCOTT MINER
Sent: Monday, April 14, 2025 11:20 AM
To: City Clerk
Subject: City Council Agenda Item 7.1
Exercise CauƟon: This message is from outside the City email system. Do not open links or aƩachments from untrusted sources.
Hello Livermore Mayor and Council Members,
I am wriƟng to put my support behind the agenda item 7.1 the airport land use study.
I am a 47 year resident of Pleasanton that works as a welding and manufacturing instructor at the local community college. I have been in and around the airport for over 40 years.
When I first went to LVK 40 years ago, LLNL had a D-
C3 parked at the terminal for daily trips to Mercury, NV in support of naƟonal defense. The Livermore airport is sƟll an important part of our community infrastructure.
I believe the Livermore Airport is an untapped resource that is not available in any of our other tri valley ciƟes. I believe the land-use study shows that a carefully craŌed plan for the future of the area is valuable and important.
Of specific importance is the need to provide a homebase for local first responders and emergency personnel that can be rapidly deployed in our area as needed to support public safety and fire prevenƟon.
Also, I believe an innovaƟon center that incorporates some type of educaƟonal opportunity for students in the tri valley, focused on aviaƟon careers is needed in an area where the skill and knowledge base is aging and the technology is increasing. I believe many young people in our tri valley area over look valuable, and well-paying career opportuniƟes in the field of aviaƟon. Just like there is a Quest center in town to promote science, it would be great to have a center for aviaƟon science and educaƟon.
I know there are people that have voiced concerns about increased noise at the airport associated with addiƟonal hangers and air traffic. The airport is already located in a noisy corridor adjacent to the 580 freeway. Our tri valley area also has passenger and cargo trains that travel back-and-forth 24 hours a day sounding their horns right through the center of town. I believe the airport is uniquely placed to minimize the noise in all areas. Smart flying pracƟces by pilots can further reduce the sounds.
In conclusion, Livermore has a unique asset that is not available else where in the tri valley and it should try to develop the areas surrounding the airport to its greatest potenƟal and provided the greatest posiƟve impact on all residents of our tri valley community. This is a regional asset that luckily happens to be located in Livermore.
I support all points listed in the 2024/2025 Airport Land Use Plan.
Agenda item 7.1 on 4/14/2025.
Respecƞully yours,
ScoƩ Miner
Pleasanton resident
Community College educator
Sent from someplace on Earth
Item 7.1
Public Comment
588
1 Helena Graves
From: Lisa Tarnow <[email protected]>
Sent: Monday, April 14, 2025 11:52 AM
To: City Clerk
Cc: Gerry Beaudin; Pamela Ott; [email protected]; Aarón Zavala Subject: Letter from the City of Pleasanton regarding the Livermore City Council Meeting, Agenda Item 7.1, for public comment.
Attachments: 04.14.25 Letter from City of Pleasanton to Livermore City Council re Item 7.1.pdf Exercise Caution: This message is from outside the City email system. Do not open links or attachments from untrusted sources.
Good morning City Clerk’s Office,
Please find aƩached a leƩer from the City of Pleasanton regarding Item 7.1 for tonight’s Livermore City Council meeƟng.
Thank you,
Lisa Tarnow
Executive Assistant, City Manager’s Office
Direct: 925-931-5003 Office: 925-931-5002
[email protected]
City of Pleasanton | P.O. Box 520 | 123 Main St., Pleasanton, CA 94566 Item 7.1
Public Comment
589
P.O. Box 520, Pleasanton, CA 94566-0802 123 Main Street Cit
y Manager City Attorney Economic Development City Clerk (925) 931-5002 (925) 931-5015 (925) 931-5038 (925) 931-5027 Fax: 931-5482 Fax: 931-5482 Fax: 931-5485 Fax: 931-5492 April 14, 2025
Cit
y of Livermore
Mayor Marchand and Members of the City Council
1052 S. Livermore Ave.
Livermore, CA 94550-1052
Subje
ct: Livermore City Council Meeting April 14, 2025, Item 7.1 Dea
r Mayor Marchand and Members of the Livermore City Council, This
letter provides comments on Item 7.1 on the April 14, 2025, City Council Agenda, regarding the Livermore Airport Land Use and Development Study.
We unde
rstand the purpose of this item is to provide direction to City staff to further explore or pursue strategies in four specific focus areas around operations and land use at the airport:
1. Deve
lop an approach and move forward with hangar development to address longstanding demand.
2. Explore the potential of a multi-agency public safety complex to improve local and regional emergency response.
3. Pursue an Aviation Innovation Center to foster new technologies in aviation and related sectors.
4. Explore electric aircraft technologies (including EVTOLS) and other advance aviation mobility
As you a
re aware, the City of Pleasanton and its residents have expressed concerns about existing noise and pollution associated with airport operations, and the potential for new, modified or expanded land uses to exacerbate these impacts.
We unde
rstand Livermore’s City Council will not approve or take action on any specific plan or proposal at the April 14 meeting, and that additional study will be necessary to determine the viability of the various strategies; however, each has the potential to change the nature of activities at the airport. Given our residents’ concerns, we would urge ongoing consultation and information-sharing with Pleasanton during any next steps to explore or pursue these strategies.
We would further request that all proposals should be subject to comprehensive analysis of any off-site impacts as the result of modified or increased airport operations, and such information be made available publicly.
Item 7.1
Public Comment
590
Livermore City Council Meeting
April 14, 2025