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Agenda_GTAB_08.11.2017
Notice of Meeting for the Georgetown Transportation Adv isory Board and the Gov erning Body of the City of Georgetown August 11, 2017 at 10:00 AM at GMC Building - 300-1 Industrial Av e, Georgetown, TX 78626 The City o f G eo rgeto wn is committed to comp lianc e with the Americans with Dis abilities Ac t (ADA). If yo u req uire as s is tanc e in participating at a p ublic meeting d ue to a disability, as d efined und er the ADA, reas onab le as s is tance, ad ap tatio ns , or acc o mmo d ations will b e provid ed up o n req uest. P leas e c o ntact the City Sec retary's Office, at leas t three (3) days prior to the sc hed uled meeting d ate, at (512) 930-3652 o r City Hall at 113 Eas t 8th Street fo r add itional info rmation; TTY us ers ro ute through Relay Texas at 711. REVISED AGENDA Regular Session (This Regular S es s io n may, at any time, b e rec es s ed to convene an Exec utive S es s io n fo r any p urpose authorized b y the Op en Meetings Act, Texas Go vernment Co d e 551.) A Call to Ord er The Board may, at any time, rec es s the R egular S es s io n to convene in Exec utive S es s io n at the reques t of the Chair, a Board Memb er, the City Manager, As s is tant City Manager, G eneral Manager of Utilities, City Co uncil Member, o r legal c o uns el for any p urpos e authorized b y the Op en Meetings Act, Texas Government C o d e Chapter 551, and are s ubjec t to actio n in the Regular Ses s ion that follows . B Introduction of Vis itors C Ind ustry/C AMP O/TXDOT Updates - Ed P o las ek, AICP, Transportatio n Planning Coordinator D August 2017 GTAB Up d ates - Wesley Wright, P.E., Sys tems Engineering Direc tor/Michael Hallmark, CIP Manager E Dis cus s ion regard ing the Airp o rt Mo nthly Report and P ro ject Time Lines . – R us s Volk, C.M., Airport Manager and Oc tavio A. Garza, P.E, C.P.M., Pub lic Wo rks Direc tor Legislativ e Regular Agenda F Review and p o s s ib le ac tion to approve the minutes from the regular GTAB Board meeting held o n July 14, 2017. - C indy Alejand ro – GTAB Board Liais on G Co nsideration and possible recommendatio n to ap p ro ve the Airport Minimum S tand ard s – Rus s Vo lk, C.M., Airport Manager and Octavio A. Garza, P.E, C.P.M., P ublic Works Direc tor H Co nsideration and possible recommendatio n to ap p ro ve the Airport Ord inanc e 12.32. - Geo rgeto wn Munic ip al Airp o rt Use Regulatio ns – Rus s Vo lk, C.M., Airp o rt Manager and Octavio A. Garza, P.E, C.P.M., P ublic Works Directo r I Co nsideration and possible recommendatio n to ap p ro ve the F irs t Amend ment to the Fac ility Leas e Agreement with Wood Aviation, Inc . – Rus s Vo lk, C.M., Airp o rt Manager and Octavio A. Garza, P.E., C.P.M, Pub lic Wo rks Direc tor J Dis cus s ion and pos s ible recommend ation to Counc il for the approval o f an Advanc ed F und ing Agreement Page 1 of 152 (AFA) with TxDOT fo r the FM 971 Realignment from North Austin Avenue to Gann S treet -- Edward G. Po las ek, AICP, Trans p o rtatio n Planning C o o rd inato r K Dis cus s ion and pos s ible recommend ation to Counc il for the approval o f an Advanc ed F und ing Agreement (AFA) with TxDOT fo r the Northwes t Boulevard Brid ge cons tructio n over IH 35 -- Ed ward G. Polasek, AICP, Trans portation P lanning Co o rd inator L Co nsideration and possible recommendatio n o n Pavement Management C o mmittee's rec o mmendation c o nc erning the City's Pavement Management P ro gram. - Octavio Garza, P ublic Works Directo r Adjournment CERTIFICATE OF POSTING I, Shelley No wling, C ity S ecretary fo r the C ity of Geo rgeto wn, Texas , d o hereby c ertify that this Notice of Meeting was p o s ted at City Hall, 113 E. 8th Street, a p lace read ily acc es s ible to the general p ublic at all times , on the ______ d ay o f __________________, 2017, at __________, and remained so p o s ted fo r at leas t 72 c o ntinuo us ho urs p receding the sc heduled time o f s aid meeting. ____________________________________ S helley No wling, City Sec retary Page 2 of 152 City of Georgetown, Texas Transportation Advisory Board August 11, 2017 SUBJECT: Augus t 2017 G TAB Updates - Wes ley Wright, P.E., S ystems Engineering Direc to r/Mic hael Hallmark, CIP Manager ITEM SUMMARY: August 2017 Cover Sheet Austin Avenue Bridges Project - N & S San Gabriel Rivers: 3rd Public Meeting held 5/11, 4-7pm at the G TAC Flood Study: Study ongoing. P reliminary flood s tud y res ults are c o mp lete. Mitigation effo rts are c urrently being evaluated. Draft res ults exp ected late summer 2017. F inal rep o rt d ue end of 2017. FM 971 - Realignment at Austin Avenue: Preliminary Engineering complete; Engineer’s wo rk fo r the 60% design s ubmittal is o n hold p ending AFA with T xDOT. S ubmittal o f p reliminary signal des ign to T xDOT 11-17-16. AFA d o cuments finalized . Meeting s cheduled for June, to go over sc hed ule to complete. FM 1460: Construction is on-going; administered by TxDOT. Utility relo catio n co mp lete. I 35 SB FR Sidewalk Improvements Project (University Ave to Leander Rd): Cons tructio n Approximately 65% complete with flatwo rk complete from SH29 to the S o uth Gab riel River Brid ge. Ac ces s ib le s truc ture c o nstruc tion und erway. Antic ip ate completio n by No v. (Southwest Bypass (RM 2243 to IH 35) Phase 1 – WPAP fo r phas e 1 ap p ro ved. On s ite tasks : Phas e 1 Projec t has been award ed to Jo rd an Foster with a gro und breaking tentatively s c heduled for 8-28. Southwest Bypass (RM 2243 to IH 35) Phase 2 – County let p reliminary c ons tructio n p ro ject for p has e 2 which includes the c o nstruc tion of ramp s into and out o f the Quarry, c ompletio n s ched uled fo r July. Surveying and s taking of p hase 2 o ngo ing. Southwest Bypass (Leander Rd. to Wolf Ranch Parkway Extension) Wolf Ranch Parkway Extension (SW Bypass to DB Wood Rd.) Cons tructio n is ap p ro ximately 75% c o mp lete projec t wide. S o uth San Gab riel bridge beam s et is c o mp lete alo ng with 90% dec k p anels. S econd bridge s o uth o f the Gab riel, b eam set c omplete. Bas e c o urse installed o n the So uth s ide o f the b rid ges with firs t co urs e As p halt ins talled. Base co urs e ins tallation on Wolf Ranch Pkwy underway, utility crossings fo r Hillwoo d s ub d ivision c o mp lete. Firs t c o urs e o f asphalt north o f river to b e sc heduled fo r 7-28 & 7-29. Transit Service (Fixed Route Bus): Sto p s and Routes updated and presented to C o uncil 2/14/17. ADA Plan meeting with CMTA 2/28. CMTA will p ro vide eligib ility s c reening. Co uncil adopted s ervice p lan 4/25/17. Grand Opening sc heduled for 8/21 at 1pm. 2015 Road Bond Program, Citywide Sidewalk Improvements Project Page 3 of 152 Cons tructio n s tarted May 1, 2017. All flat wo rk alo ng Williams drive is comp lete, with revegetation and s ignal wo rk underway. 8th and Ro ck wo rk s c heduled to be finished mid-Augus t. C rews to then mo ve to 8th and churc h for ap p ro ximately 3 weeks followed b y Founders Park Projec t ap p roximately 50 % c o mp lete. Williams Drive Study: Concept Plan F inal rep o rt expec ted 3/1/17. C o unc il to cons id er ac ceptanc e o f P lan 7/11, adopt 4 year imp lementatio n p lan. Transportation Services Operations CIP Maintenance KPA wo rking on C urb and gutter design, Cutler, limited in-ho use chip seals and point rep airs . Currently working with Steger and Bizzell on tas k order fo r drainage s tud y at 18th and Hutto, c o nstruc tion ad ministration fo r 20th and Ho gg, and d es ign fo r 2nd and Roc k Street d etentio n p o nd upgrad e. 2017 CDBG Scenic Drive Sidewalk 50% Co mp lete. Eliminating s id ewalk loc ation o n eas t s id e of Sc enic from 6th to 8th d ue to d riveway complic ations . Will tie in to sidewalk o n wes t s id e of Sc enic . FINANCIAL IMPACT: N/A SUBMITTED BY: Wes ley Wright, P.E., S ystems Engineering Direc to r/Mic hael Hallmark, CIP Manager. ATTACHMENTS: Description Type Augus t 2017 GTAB Updates Backup Material Page 4 of 152 Page 5 of 152 Page 6 of 152 Page 7 of 152 Page 8 of 152 Page 9 of 152 Page 10 of 152 Page 11 of 152 Page 12 of 152 Page 13 of 152 Page 14 of 152 Page 15 of 152 Page 16 of 152 City of Georgetown, Texas Transportation Advisory Board August 11, 2017 SUBJECT: Disc ussion regarding the Airport Monthly Rep o rt and Projec t Time Lines . – Rus s Vo lk, C.M., Airp o rt Manager and O c tavio A. Garza, P.E, C.P.M., P ublic Works Directo r ITEM SUMMARY: Airport Reports: · Cons tructio n Projec t Report · Airp o rt Mas ter Plan Rep o rt · Op erations Rep o rt · Fuel S ales Rep o rt · Hangar / Tie-Do wn Leas e Report · 2017 Ac complishments and Projec ts · Avgas F uel Pric e Co mp aris on · Jet A F uel Pric e Co mp aris on · Airport Monthly Financ ial Report FINANCIAL IMPACT: N/A SUBMITTED BY: Rus s Vo lk, C.M., Airport Manager ATTACHMENTS: Description Type Cons truction Project Update Backup Material Mas ter Plan Report Backup Material Operations Report Backup Material Fuel Sales Report Backup Material Hangar/Tie-Down Report Backup Material 2017 Goals and Accomplis hments Backup Material Avgas Price Comparis on Backup Material Jet A Price Comparis on Backup Material Airport Monthly Financial Report Backup Material Airport Detailed Financial Report Backup Material Page 17 of 152 Airport Improvements Project No. 1514GRGTN Aug 2017 Project Description FY2015 project: Construction of Fuel Storage Tanks, Parallel Taxiway A, Pavement Maintenance Purpose Improved safety and reliability of airport Project Manager Russ Volk C.M., Airport Manager Project Engineer Garver Notes: Oct 2014 - Council Resolution 101414-F – Approval to Debt Fund $870K for project Mar 2015 - Council Resolution 032415-G – Authorization for City to Sell Certificates of Obligation to fund project Jan 28, 2016 – Transportation Commission approval of $8.3M Grant Jan 29, 2016 – City cost share of $830K wire transferred to TxDOT Aviation per payment instructions from TxDOT Jun 10, 2016 – Following completion of bidding process being conducted under grant 1314GRGTN, TxDOT will provide Airport Project Participation Agreement for City consideration Jun 28, 2016 – City Council consideration of Airport Project Participation Agreement Jun 22, 2016 – Pre-Construction Meeting Page 18 of 152 Jul 7, 2016 – Planned start date for construction Jul 14, 2016 – Start date for construction Nov 11, 2016 – Placement of compactible rock/gravel for new asphalt surface, placement of storm drain pipe, underground utility work at airport terminal Dec 8, 2016 – Placement of compactible rock/gravel for new asphalt surface, concrete foundations for new fuel tanks, tree clearing in runway clear zone followed by fence installation Jan 13, 2017 – Placement of compactible rock/gravel for new asphalt surface, placement of new fuel tanks, fence installation in runway clear zone Feb 10, 2017 – Placement of FAA spec base material for new asphalt surface, plumbing of new fuel tanks and self-serve dispensers, fence installation in runway clear zone Mar 10, 2017 – Placement of FAA spec base material for new asphalt surface, testing and certification of new fuel storage facility, soak testing of new fuel tanks. Apr 14, 2017 – Placement of FAA spec base material for new asphalt surface, now using new fuel tanks, preparing to remove old fuel system. May 12, 2017 – Placement of Phase 1 of asphalt for new taxiway. Beginning crack seal and seal coat effort on existing taxiways. Installation of new storm drain pipe. Jun 9, 2017 – Working punch list from Phase 1 asphalt pavement. Crack seal and seal coat effort on existing taxiways. Installation of new storm drain pipe. Old Underground Storage Tanks (USTs) removed from Airport. Jul 14, 2017 – Opened Phase 1 asphalt pavement for airplane use. Crack seal and seal coat effort on existing taxiways. Installation of new storm drain pipe. Cleaning paved shoulders of Runway 18/36. Beginning construction of connecting Taxiway D. Aug 11, 2017 – Crack seal and seal coat effort on existing taxiways. Installation of new storm drain pipe. Cleaning paved shoulders of Runway 11/29. Taxiway D open for use. Construction on north end of new Taxiway A. Page 19 of 152 Airport Improvements Project No. 16MPGRGTN Aug 2017 Project Description FY2016 project: Airport Master Plan Update Purpose Update to 2005 Airport Master Plan Project Manager Russ Volk C.M., Airport Manager Project Estimate $213,290 Project Engineer Coffman Associates Jan 28 – Transportation Commission approval of $200K Grant Feb 19 – Solicitation for Consultant Qualifications Mar 29 – Consultant Qualification Submissions due TxDOT Aviation Apr – Committee to Review Consultant Qualifications • John Pettitt • Donna Courtney • Mike Babin • Jordon Maddox • Russ Volk May 9 – Selection Committee scheduled to meet to tabulate scoring of consultants Jun/Jul 2016 – TxDOT in negotiations with consultant over scope of work and fees Page 20 of 152 Sep/Oct/Nov – Selection of Members for Master Plan Steering Committee Dec 6, 2016 – Kickoff Meeting with Steering Committee and Consultant Feb 2, 2017 – 2nd Meeting with Planning Advisory Committee and Consultant as well as Public Open House Mar, 2017 – Documents available for public comments Apr, 2017 – Documents available for public comments May, 2017 – Documents available for public comments Jun 6, 2017 – 3rd Meeting with Planning Advisory Committee and Consultant from 2 – 4 PM followed by a Public Open House from 5:30 to 7 PM. Jul, 2017 – Documents available for public comments Aug, 2017 – Documents available for public comments Page 21 of 152 Georgetown Municipal Airport Contract Tower Program Update Operations for Month of Jun 2017 Project Description Georgetown Tower Monthly Update Purpose Operations Report Project Manager Russ Volk C.M., Airport Manager Operating Statistics Performance/volumetric indicators For the Month of: Jun Jun 2016 FY-T-D Jun 2017 FY-T-D Variance Take Offs and Landings 2016 2017 IFR 632 743 6,345 6,816 471 7% VFR 9,236 9,011 61,876 68,316 6,440 10% Total Take Offs/Landings 9,868 9,754 68,221 75,132 6,911 9% *This does not include flyover operations (i.e. handoffs from ABIA approach/departure control to KGTU tower then onto the next ATC. Page 22 of 152 Georgetown Municipal Airport Fuel Sales Update For Month of Jun 2017 Project Description Georgetown Fuel Sales Update Purpose Fuel Sales Monthly Report Project Manager Russ Volk C.M., Airport Manager Operating Statistics Performance/volumetric indicators Gallons For the Month of: Jun Jun 2016 FY-T-D Jun 2017 FY-T-D Variance Type of Fuel 2016 2017 AVGAS 27,224 28,011 222,732 228,191 5,459 2% JET A 48,482 44,766 348,806 431,010 82,204 19% Total Gallons Sold 75,706 72,777 571,538 659,201 87,664 13% Page 23 of 152 Airport Hangar / Tie-Down Lease Update Jul 2017 Project Description Hangar / Tie-Down Lease Agreements Purpose Occupancy Rates Project Manager Russ Volk C.M., Airport Manager Unit Stats Total Hangars – 135 • 100 Percent Occupied Total Storage Units – 11 • 4 Occupied • 7 Vacant Total Tie-Downs – 38 Monthly, 11 for Overnight/Transient Parking • 100 Percent Occupied Page 24 of 152 GTU Airport In-Work Projects Replace bottom door seals on Hangars H, I, and J. 45 of 63 complete Develop Airport Preventative Maintenance Program. Planned Projects Obtaining Pesticide Application License to allow for airport staff to spray state regulated chemicals. Develop Hangar Routine Maintenance Program. Evaluate possible software solutions for a technology based Pavement Management Program. Evaluate possible software solutions for a technology based Airport Self Inspection Program. Repairs to terminal ramp to reduce FOD issues. Upgrade to bi-fold doors drive motors on Hangars BB and CC. Developing lease agreement for storage locations. Page 25 of 152 Accomplishments 2017 Roof repairs to Central Texas Avionics roof Installation of electronic gate at Genesis Hangar Updated Storm Water Pollution Prevention Plan Replaced tower controller parking signs Windsock annual maintenance Electronic gate quarterly maintenance Runway 18 PAPI quarterly maintenance FBO fuel truck quarterly inspections Replaced 12 obstruction lights on lights poles along Lakeway Drive Replaced 2 HVAC below window units in Control Tower Replaced 9 street lights Replaced Tower Obstruction Lights Replaced Tower carpet Completed a TxDOT Aviation Safety and Compliance Inspection of Airport Underground Storage Tank removed at old Gantt Hangars New Airport Fuel Storage System placed in operation New Business Operations Software placed in service Removed 11 abandoned telephone poles Crack sealed and seal coated Taxiway J Crack sealed and seal coated Taxiway K Crack sealed and seal coated Taxiway M Page 26 of 152 Crack sealed and seal coated access route to Genesis Hangar Seal coated shoulders of Runway 11/29 Installed new electronic gate at entrance to Terminal Apron from Terminal Parking Lot Executed new leases for Tower T-Hangar tenants Rekeyed Tower T-Hangar door to the City key system Added full time Airport Maintenance person Electrical upgrade to Hangar J Electrical upgrade to Hangar I Crack sealed and seal coated Taxiway E Old AvGas Underground Tank removed from Airport Old Jet A Underground Tank removed from Airport Construction of new Taxiway F Construction of new Taxiway E Construction of new Taxiway C Widening of Taxiway J Installation of edge reflectors along all Taxiways Implemented new Spill Prevention Control and Countermeasures Plan Painted Airport Business Coordinators Office and Terminal Restrooms Replaced furniture in Airport Business Coordinators Office Installed new Taxiway Navigation signs Removed old chain link fence from north side of Terminal Drive Installed fuel hose retract speed controller on self-serve pump #1 Crack sealed and seal coated East Apron Page 27 of 152 Painted new Compass Rose on East Apron Cleaned windows in Control Tower and Airport Terminal Crack sealed and seal coated Taxiway L Crack sealed and seal coated Taxiway G Crack sealed and seal coated Taxiway A1 Crack sealed and seal coated Terminal Asphalt Apron Installed Stop or Yield signs at the internal airport city street intersections Updated Airport Maintenance Coordinator job description Apron asphalt repair for hangar at 221 Stearman Drive Installed fuel hose retract speed controller on self-serve pump #2 Page 28 of 152 7/28/2017 AirNav: Fuel prices near Georgetown, TX 78628 http://airnav.com/fuel/local.html 1/3 1490 users online 100LL Avgas prices within 50 miles of Georgetown, TX 78628 Airport / FBO 100LL $3.35—$6.70 average $4.38 KGTU 2 ENE Georgetown Municipal Airport Georgetown, TX, USA FS $4.51 $4.41 GUARANTEED City of Georgetown Terminal SS $3.35 28-Jul update AeroJet Center FS $4.75 GUARANTEED T74 15 ESE Taylor Municipal Airport Taylor, TX, USA Taylor Municipal Airport Avfuel SS $3.45 17-Jul update KRYW 17 SW Lago Vista TX - Rusty Allen Airport Lago Vista, TX, USA Lago Vista Airport SS $3.95 04-Apr update KEDC 18 SSE Austin Executive Airport Austin, TX, USA FS $5.40 25-Jul update 3R9 24 SW Lakeway Airpark Lakeway, TX, USA Lakeway Airpark SS $3.89 24-Jul update KBMQ 28 W Burnet Municipal Airport-Kate Craddock Field Burnet, TX, USA Faulkner's Air Shop Avfuel FS $3.55 24-Jul Airports Navaids Airspace Fixes Aviation Fuel iPhone App My AirNav Page 29 of 152 7/28/2017 AirNav: Fuel prices near Georgetown, TX 78628 http://airnav.com/fuel/local.html 2/3 update KAUS 28 S Austin-Bergstrom International Airport Austin, TX, USA FS $6.70 GUARANTEED FS $6.55 28-Jul update KTPL 33 NNE Draughon-Miller Central Texas Regional Airport Temple, TX, USA General Aviation Terminal SS $3.54 FS $3.94 GUARANTEED KDZB 35 WSW Horseshoe Bay Resort Airport Horseshoe Bay, TX, USA Horseshoe Bay Resort Jet Center FS $6.24 17-Jul update KLZZ 37 NW Lampasas Airport Lampasas, TX, USA City of Lampasas (FBO) SS $3.40 GUARANTEED KRCK 37 E H H Coffield Regional Airport Rockdale, TX, USA City of Rockdale AS $3.89 24-Jul update T35 40 ENE Cameron Municipal Airpark Cameron, TX, USA City of Cameron SS $3.69 GUARANTEED KGOP 46 N Gatesville Municipal Airport Gatesville, TX, USA City of Gatesville independent SS $3.80 26-Oct-2016 update KHYI 47 S San Marcos Regional Airport Austin, TX, USA SS $3.89 FS $4.95 26-Jul update FS $5.13 $5.03 GUARANTEED Smithville Crawford Municipal Airport Smithville, TX, USA Page 30 of 152 7/28/2017 AirNav: Fuel prices near Georgetown, TX 78628 http://airnav.com/fuel/local.html 3/3 84R 47 SE Fayette Aero LLC Avfuel SS $4.30 17-Jul update KGYB 48 SE Giddings-Lee County Airport Giddings, TX, USA Sills Aviation Services LLC independent SS $4.15 24-Jul update 50R 49 S Lockhart Municipal Airport Lockhart, TX, USA Martin & Martin Aviation Avfuel SS $4.50 17-Jul update KAQO 50 W Llano Municipal Airport Llano, TX, USA City of Llano Avfuel SS $3.50 24-Jul update Copyright © AirNav, LLC. All rights reserved.Privacy Policy Contact Page 31 of 152 7/28/2017 AirNav: Fuel prices near Georgetown, TX 78628 http://airnav.com/fuel/local.html 1/2 1491 users online Jet A prices within 50 miles of Georgetown, TX 78628 Airport / FBO Jet A $2.68—$6.96 average $4.22 KGTU 2 ENE Georgetown Municipal Airport Georgetown, TX, USA FS $3.99 $3.89 GUARANTEED AeroJet Center FS $3.99 GUARANTEED T74 15 ESE Taylor Municipal Airport Taylor, TX, USA Taylor Municipal Airport Avfuel SS $2.85 17-Jul update KEDC 18 SSE Austin Executive Airport Austin, TX, USA FS $5.65 24-Jul update KGRK 25 NNW Robert Gray Army Airfield Fort Hood (Killeen), TX, USA Killeen-Fort Hood Regional Airport FS $3.35 25-May-2016 update KBMQ 28 W Burnet Municipal Airport-Kate Craddock Field Burnet, TX, USA Faulkner's Air Shop Avfuel FS $3.35 24-Jul update KAUS 28 S Austin-Bergstrom International Airport Austin, TX, USA FS $6.956 GUARANTEED FS $6.65 28-Jul update Airports Navaids Airspace Fixes Aviation Fuel iPhone App My AirNav Page 32 of 152 7/28/2017 AirNav: Fuel prices near Georgetown, TX 78628 http://airnav.com/fuel/local.html 2/2 KTPL 33 NNE Draughon-Miller Central Texas Regional Airport Temple, TX, USA General Aviation Terminal SS $3.75 FS $4.13 GUARANTEED KDZB 35 WSW Horseshoe Bay Resort Airport Horseshoe Bay, TX, USA Horseshoe Bay Resort Jet Center FS $5.49 17-Jul update T35 40 ENE Cameron Municipal Airpark Cameron, TX, USA City of Cameron SS $2.68 GUARANTEED KHYI 47 S San Marcos Regional Airport Austin, TX, USA FS $3.99 26-Jul update FS $4.09 $3.99 GUARANTEED KGYB 48 SE Giddings-Lee County Airport Giddings, TX, USA Sills Aviation Services LLC independent SS $3.50 24-Jul update KAQO 50 W Llano Municipal Airport Llano, TX, USA City of Llano Avfuel FS $3.05 24-Jul update Copyright © AirNav, LLC. All rights reserved.Privacy Policy Contact Page 33 of 152 APPROVED BUDGET CURRENT PERIOD YEAR TO DATE (W/Encumb) YEAR-END PROJECTION YEAR-END VARIANCE % YEAR-END VARIANCE BEGINNING FUND BALANCE 43,849 311,251 267,402 609.82% Revenues Operating Revenue Fuel and Terminal Sales 2,720,928 129,842 1,975,120 2,561,492 (159,436) -5.86% Leases and Rentals 767,990 72,230 692,203 872,054 104,064 13.55% Interest and Other 66,075 2,337 36,212 50,554 (15,521) -23.49% TOTAL OPERATING REVENUE 3,554,993 204,409 2,703,535 3,484,100 (70,893) -1.99% Expenditures Operating Expenditures Personnel 388,781 13,761 250,742 358,048 (30,733) -7.90% Operations-Fuel 2,296,928 85,416 2,201,128 2,200,414 (96,514) -4.20% Operations-Non Fuel 657,086 9,387 529,305 666,386 9,300 1.42% Transfers Out 25,000 - 25,000 25,000 - 0.00% Airport Master Plan - - 322 - - 0.00% Debt Service 143,768 - 20,462 143,768 - 0.00% TOTAL OPERATING EXPENDITURES 3,511,563 108,565 3,026,959 3,393,616 (117,947) -3.36% TOTAL NET OPERATIONS 43,430 95,845 (323,425) 90,484 47,054 108.35% Revenues Non-Operating Revenue Grants 35,000 - 50,000 35,000 - 0.00% TOTAL NON-OPERATING REVENUES 35,000 - 50,000 35,000 - 0.00% TOTAL NET OPERATIONS 35,000 - 50,000 35,000 - 0.00% EXCESS (DEFICIENCY) OF TOTAL REVENUE OVER TOTAL REQUIREMENTS 78,430 95,845 (273,425) 125,484 47,054 60.00% ENDING FUND BALANCE 122,279 436,735 314,456 257.16% Year End Projection to Approved as of July 2017 Airport Operations Fund Page 34 of 152 Page 35 of 152 Page 36 of 152 Page 37 of 152 Page 38 of 152 City of Georgetown, Texas Transportation Advisory Board August 11, 2017 SUBJECT: Review and pos s ible actio n to ap p ro ve the minutes fro m the regular GTAB Bo ard meeting held on July 14, 2017. - Cindy Alejandro – GTAB Board Liais o n ITEM SUMMARY: Bo ard to review and revis e and /or ap p ro ve the minutes fro m the regular meeting held o n July 14, 2017. FINANCIAL IMPACT: N/A SUBMITTED BY: Cind y Alejand ro ATTACHMENTS: Description Type Draft Minutes Backup Material Page 39 of 152 Minutes of the Meeting of the Georgetown Transportation Advisory Board and the Governing Body of the City of Georgetown, Texas July 14, 2017 The City of Georgetown is committed to compliance with the Americans with Disabilities Act (ADA). If you require assistance in participation at a public meeting due to a disability, as defined under the ADA, reasonable assistance, adaptations, or accommodations will be provided upon request. Please contact the City at least four (4) days prior to the scheduled meeting date, at (512)930-3652 or City Hall at 113 East 8th Street for additional information: TTY users route through Relay Texas at 711. Board Members: Steve Johnston – Chair, Ron Bindas – Vice Chair, Donna Courtney – Secretary, Mark Allen, Doug Noble, John Marler and Sheila Mills Board Members Absent: Troy Hellmann and John Hesser Staff Present: Cindy Alejandro, Jim Briggs, Octavio Garza, Wesley Wright, Mark Miller, Ed Polasek, Russ Volk, Paul Diaz, Michael Hallmark Others Present: Terry Reed, John Milford, Wendy Dew, Richard Balentine, Carl Norris – ACC, Ben Lake, Patrick Hubbard – Steger Bizzell, Kris Keith – HNTB, Jacob Walker – HDR, Trae Sutton – KPA, Robert R. Williams – Dynatest, Johnathan Terrazas – LAN, Lisa Vega Regular Session A Call to Order: Mr. Johnston called the regular GTAB Board Meeting to order on Friday, July 14, 2017 at 10:00 AM The Board may, at any time, recess the Regular Session to convene in Executive Session at the request of the Chair, a Board Member, the City Manager, Assistant City Manager, General Manager of Utilities, City Council Member, or legal counsel for any purpose authorized by the Open Meetings Act, Texas Government Code Chapter 551, and are subject to action in the Regular Session that follows. B Introduction of Visitors C Industry/CAMPO/TXDOT Updates - Ed Polasek, Transportation Planning Coordinator By September, the CAMPO Policy Board hopes to have developed new criteria to utilize Transportation Development Credits (TDC’s). TDCs are a financing tool that allow the states to earn credit when the State or toll authority fund capital transportation project with toll revenue. The Texas Transportation Commission have distributed a portion of those credits to MPO’s with toll projects across the State. CAMPO currently has over 50,000,000 in unused TDCs. TDC’s can be used to fulfill some or all of the federal matching fund requirements usually provided by a non-federal partner. Current TDC criteria make it difficult to utilize credits on construction projects because of TxDOT/FHWA auditing procedures that audit actual construction cost and cash expenditures, not taking Page 40 of 152 into account TDC’s. CAMPO is working to develop a policy and procedures that would allow more flexibility to local jurisdictions to apply for, receive and use TDCs in construction projects. We hope that this policy will be in place later this year or early 2018 when CAMPO expects to make their next call for projects. D July 2017 GTAB Updates – Wesley Wright, P.E., Systems Engineering Director E Discussion regarding the Airport Monthly Report and Project Time Lines. – Russ Volk, C.M., Airport Manager and Octavio A. Garza, P.E, C.P.M., Public Works Director Ms. Dew spoke on this item, her comments are at the end of these minutes. Legislative Regular Agenda The Board will individually consider and possibly take action on any or all of the following items: F Review and possible action to approve the minutes from the regular GTAB Board meeting held on June 9, 2017. - Cindy Alejandro – GTAB Board Liaison Motion by Marler second by Allen to approve the minutes as presented. Approved 7-0-2 (Hellmann and Hesser absent) G Consideration and possible recommendation to approve the Airport Ordinance 12.32. - Georgetown Municipal Airport Use Regulations – Russ Volk, C.M., Airport Manager and Octavio A. Garza, P.E, C.P.M., Public Works Director Motion by Marler second by Bindas to remove this item to the August 11, 2017 GTAB Board Meeting. Approved 7-0-2 (Hellmann and Hesser absent) Mr. Norris spoke on this item, his comments are at the end of these minutes. H Consideration and possible recommendation to approve the Airport Minimum Standards – Russ Volk, C.M., Airport Manager and Octavio A. Garza, P.E, C.P.M., Public Works Director Motion by Marler second by Bindas to remove this item to the August 11, 2017 GTAB Board Meeting. Approved 7-0-2 (Hellmann and Hesser absent) I Consideration and recommendation on Task Order SBE-17-001 with Steger Bizzell of Georgetown, TX in the amount of $101,687.00 for 2017 Drainage Improvements - Wesley Wright, P.E., Systems Engineering Director Motion by Noble second by Marler to approve Task Order SBE-17-001 with Steger Bizzell of Georgetown, TX in the amount of $101,687.00 for 2017 Drainage Improvements Approved 7-0-2 (Hellmann and Hesser absent) J Consideration and recommendation on Task Order SBE-17-002 with Steger Bizzell of Georgetown, TX in the amount of $173,124.00 for professional Page 41 of 152 engineering services related to the Old Town Northeast Sidewalk Improvements - Wesley Wright, P.E., Systems Engineering Director Motion by Courtney second by Noble to approve Task Order SBE-17-002 with Steger Bizzell of Georgetown, TX in the amount of $173,124.00 for professional engineering services related to the Old Town Northeast Sidewalk Improvements Approved 7-0-2 (Hellmann and Hesser absent) K Consideration and recommendation on award of a bid to Jordan Foster Construction of Pflugerville, TX in the amount of $5,599,200.86 for construction of the Southwest Bypass, Segment 1 - Wesley Wright, P.E., Systems Engineering Director Motion by Noble second by Mills to approve an award of a bid to Jordan Foster Construction of Pflugerville, TX in the amount of $5,599,200.86 for construction of the Southwest Bypass, Segment 1 Approved 7-0-2 (Hellmann and Hesser absent) Adjournment Motion by Marler second by Allen to adjourn meeting Approved 7-0-2 (Hellmann and Hesser absent) Meeting adjourned at 10:55 AM Approved: Attested: _______________________ ______________________ Steve Johnston – Chair Donna Courtney – Secretary _________________________________ Cindy Alejandro – GTAB Board Liaison Page 42 of 152 Georgetown Airport Advisory Board’s Airport Closing Project Oct 2002 (Airport Closing Report) Hello Mr. Chairman members of GTAB and ladies and gentlemen. My name is Wendy Dew I live at 30109 spyglass circle Georgetown Tx 78628 and I am an ACC member. I am speaking today about Coffman Associates new airport master plan describing a cost for an alternative location for the airport. Since I can remember the city has used the Airport Closing Report, and the city has been referring to this study like it’s the Bible, we can’t do anything because the Airport Closing Report says so. We have maintained for years that this report is a complete joke and not professionally done. The city still throws it out there and quotes verses from their bible regularly as a reason why they can’t do this or that. Ever since I joined the ACC we have had the Airport Closing Report shoved down our throats repeatedly by the city with the guise of the quality of this report. Then at the Coffman Associated show where they showed us what they are doing whether we like it or not, I mentioned that the Airport Closing Report stated that to move the airport was estimated to cost around 50 million and they stated that "It was not a professional report and has no validity and that it would cost at least 321 million". We asked for a break down on that by Coffman and Associates, but nothing. The city has been standing behind a report that is “as Coffman says” 270 million off on their estimate? Where did Coffman and Associates get that number? and why can’t we see this report? OH I know because it is a lie too. If they make the moving of the airport number large enough 321 million seems so unobtainable that most will just once again throw up their hands and say “well that does it, it can’t be done”. Once again more smoke and mirrors from the city and their associates. Where is the apology from the city for their misrepresentation of the Airport Closing Report, then again we get nothing from the city just silence. St. George Utah (GSU) just built an international airport, so I called them and asked how much it cost, They said 158 million. That is for a Regional Commercial Airport, So why does it cost more than twice as much to build a Reliever airport in Georgetown than a Regional Commercial Airport in St. George Utah. In addition FAA provided 123 million dollars in grants for the new airport and the FAA not only approved the moving of the airport but gave them funds to do so. It seems to me that every platform the city stands on is a lie, everything they do is back handed or double standard. In this community there is no truth just their truth. This is not just a podunk little country town any more, it is becoming a thriving city and with the growth of this city I expect the growth and changes in the quality of governance by our elected and unelected officials. Wendy Dew Page 43 of 152 GTAB STATEMENT JULY 14, 2017 AGENDA ITEM “G” CONSIDERATION/RECOMMENDATION TO APPROVE AIRPORT ORDINANCE 12.32 Good morning Mr. Chairman, members of the Georgetown Transportation Advisory Board, city staff and ladies and gentlemen. My name is Hugh C. Norris, Jr. I am a member of the Airport Concerned Citizens (ACC). ACC members have made multiple public statements since January 2014 to the city council and/or the GTAB demanding compliance with the National Environmental Policy Act (NEPA) regarding federal funding and fiscal transparency for the Georgetown Municipal Airport (GTU). The GTU is a documented health and safety hazard and subject of public controversy and any action for maintenance and/or expansion should be addressed through preparation of a NEPA provided Environmental Impact Statement (EIS). My comments this morning relate to Item “G” of the agenda. Item “G” requests approval by this board of Airport Ordinance 12.32, a portion of which includes Section 12.32.230 (Section) that includes the Fly Friendly Program (FFP) found on the City's web site. The text of the proposed Section and FFP require significant amendments. The Section and FFP impact the health and safety of all the ground level citizens of our community and especially those within the two miles distant from airport property shown on the safety and “noise sensitive areas”map of the FFP. The Section and FFP are routinely violated on a daily basis and have been a documented subject of significant public controversy. The extent of amendments to the current Section and FFP demand that this item be tabled pending a thorough review and response by Councilman Ty Gipson in whose District 5 the airport is located and brought back for GTAB consideration following that response. Other communities having airports in dangerous locations within their developed areas have dealt with the safety and noise management issues our Section and FFP were intended to address. These communities include those that encompass the Santa Monica Airport (SMO), the John Wayne Airport (SNA) and many others. The flight rules established by such communities can be used for reference for amendments to the proposed Section and FFP. The current Section and FFP were recommended by the Espey Huston Engineers' 1998 Airport Master Plan Update as mitigation measures to mollify outraged citizens objecting to endangerment of their health and safety due to debilitating noise and dangers poised by significant expanding aviation operations implemented by the 1980 Airport Master Plan by Bovay Engineers. This multimillion, multi-project program included the major 900 LF extension and strengthening of Runway 18-36 from its 25,000 Lb to 60,000 Lb aircraft weight accommodation, land acquisitions, relocation of Page 44 of 152 Lakeway Dr. and a host of other construction items designed to begin development of the airport as the primary Reliever airport for the Central Texas region. That development process by use of state and federal funding continued by the 2005 GRW-Willis plan and the 16MPGRGTN plan now being developed by Coffman Associates has transformed the airport from its once socially acceptable status to its current documented health and safety hazard and subject of significant public controversy. FAA documents that over 70% of air crashes occur during take offs and landings and 30 air crashes with 9 deaths, four in the Serenada neighborhood, are associated with our airport. Violations of the Section and FFP by pilots who routinely use the safety and “noise sensitive areas” for tight, noisy, dangerous, low level, turning flight patterns over homes, schools, churches and businesses create needless heath and safety hazards to the citizens on the ground and needlessly create additional public controversy regarding the airport. The more adversely impacted citizens are predominately located within District 5 although others are within Districts 2 and 3. Councilman Gipson has been sent a request to take lead and gather an advisory panel of interested citizens to aid in development of appropriate amendments to the Section and FFP. Mr. Chairman, this agenda item does not need an immediate response today from the GTAB. As the board knows, this issue has not been discussed before you and the public by staff in any previous meeting this year. This is a request that this agenda item be tabled for action to a future date after your receipt of a response from Councilman Gipson and his advisory panel which we will demand include members of the ACC. Mr. Chairman, I would appreciate any questions or comments from the board. Page 45 of 152 City of Georgetown, Texas Transportation Advisory Board August 11, 2017 SUBJECT: Cons id eration and p o s s ib le rec o mmendation to approve the Airp o rt Minimum Standards – Russ Volk, C.M., Airport Manager and Oc tavio A. Garza, P.E, C .P.M., Pub lic Wo rks Direc to r ITEM SUMMARY: The Airp o rt Minimum Standards p ro vide guidelines to operate as either a co mmercial o r no n-c o mmercial o p erator at the Geo rgeto wn Munic ip al Airpo rt. The o wner of a p ublic us e airport whic h has a grant o r loan obligations with either the Federal Aviation Adminis tration (FAA) o r the State o f Texas is req uired to make that airp o rt availab le to all q ualified users and p ro viders witho ut an unjus t b ias or d is criminatio n. Minimum Stand ards helps to ensure all s imilar typ e users o f the airport are expec ted to meet the s ame requirements . The fo llo wing s ec tions are inc luded in the stand ard s : Sec tion 1 – General S tand ard s Sec tion 2 – Do ing Bus ines s at the Airp o rt Sec tion 3 – F ixed-Bas e Op erators and Spec ialized Aviation S ervic e Operations Sec tion 4 – F lying Club s Sec tion 5 - Ins urance Sec tion 6 – Build ing/Improvement Stand ards Sec tion 7 - Leas ing During the up d ate o f these s tand ard s , input was s olic ited fro m the Fixed -Bas e Op erators, other airp o rt b usines s es , all airp o rt us ers, GTAB aviation b o ard members and the City Attorney's Office. FINANCIAL IMPACT: N/A SUBMITTED BY: Rus s Vo lk, C.M., Airport Manager ATTACHMENTS: Description Type Airport Min Standards Backup Material Page 46 of 152 XXX/XX/2017 MINIMUM STANDARDS FOR COMMERCIAL AND NON-COMMERCIAL OPERATORS AT THE GEORGETOWN MUNICIPAL AIRPORT OF GEORGETOWN, TEXAS XXX __, 2017 Page 47 of 152 XXX/XX/2017 Minimum Standards Table of Contents Section 1 – General Standards Section 2 – Doing Business at the Airport Section 3 – Fixed-Base Operators and Specialized Aviation Service Operations Section 4 – Flying Clubs Section 5 – Insurance Section 6 – Building/Improvement Standards Section 7 – Leasing Appendix A – Definitions Appendix B – Business Application Page 48 of 152 XXX/XX/2017 GS-1 SECTION 1 GENERAL STANDARDS Page 49 of 152 XXX/XX/2017 GS-2 Section 1 – General Standards The following Minimum Standards for Commercial and Non-Commercial Operators at the Georgetown Municipal Airport (“Minimum Standards”) have been adopted by the City of Georgetown City Council for the Georgetown Municipal Airport (“Airport”). Appendix A contains the definitions used in this document. Defined terms are capitalized. The Minimum Standards regulate conduct of Aeronautical Activities at the Airport, and specify certain provisions that will be included in the Airport lease, license, permit or concession agreements, and apply uniformly to all persons operating at the Airport. Any person operating on or from the Airport consents to be bound by these standards. Failure by Airport users to comply with the Minimum Standards could result in loss of use of the Airport. GS-1. Implementation Official. The Airport Manager shall enforce the Minimum Standards. GS-2. Airport Open on Nondiscriminatory Basis. Facilities on the Airport shall be open to all classes of users on fair and not unjustly discriminatory bases. The FAA has exclusive jurisdiction to determine issues of fair treatment and unjust discrimination. GS-3. Hangar Space. Except as otherwise provided in this section, no person may offer for hire on the Airport any hangar or shelter for aircraft, related service equipment, or surface vehicle unless such person has leased premises from the City as an FBO or SASO. GS-4. Compliance with Laws and Health, Fire, Construction, and Zoning Codes. All persons utilizing the Airport shall comply with Federal, State, and local laws, including the requirements of all City health, fire, construction, and zoning codes applicable to the Airport and its operation. All construction on the Airport shall comply with all generally applicable building codes adopted by the City. GS-5. Inspections. To the extent necessary to protect the rights and interests of the City or to assure compliance with the Minimum Standards or a lease, the Airport Manager or authorized representative, or any representative of the FAA or state agency having jurisdiction over the Airport, shall have the right to enter and inspect, upon notice, during reasonable hours, structures, premises, facilities, and improvements on the Airport to determine compliance with these Minimum Standards and any applicable lease provisions. Page 50 of 152 XXX/XX/2017 GS-3 GS-6. Surface Vehicles, Limits on Weight. No vehicle with dual-wheeled axle loadings of more than 40,000 pounds is allowed on any paved or treated aircraft movement or parking areas. GS-7. Civil Rights. Persons using this Airport shall comply with all provisions of the Civil Rights Act of 1964 and implementing Part 21 of the Regulations of the U.S. Department of Transportation, and are hereby specifically prohibited from discrimination against any group or individual on the basis of race, creed, color, national origin, or sex. GS-8. Surface Vehicles on Airport. Except to the extent needed to service or load aircraft, no privat e or commercial vehicle shall be driven or parked on any other than designated roads or automobile parking areas. GS-9. Complaints. Complaints against any Aircraft Operator, Operator or their employee for violations of these Minimum Standards shall be in writing alleging the infraction, date, persons, and any witnesses thereto and signed by the complainant and filed with the Airport Manager. GS-10. Use of Land within the Airport. Property within the Airport may be primarily used only for Aeronautical Activities, but secondary non-aeronautical uses are permitted if: (1) the primary Aeronautical Activity is not interfered with; (2) it is not in violation of FAA regulations; (3) is specifically authorized by the City; and (4) if such secondary use will benefit the Airport or provide better for its maintenance or development. GS-11. Living Quarters. No person may make any temporary or permanent living quarters on Airport property. The Airport Manager may grant an exception for "Emergency Response" personnel. Page 51 of 152 XXX/XX/2017 GS-4 GS-12. Taxiway Access. If not already provided, each Operator conducting Aeronautical Activities shall provide paved access from its Leased premises to the Airport’s Taxiway/Taxilane/Apron or Ramp system. Such access shall meet all applicable FAA standards for the largest Aircraft type anticipated to use the Operator’s premises. GS-13. License, Certificates, and Authorizations. Each person conducting activities on or from the Airport, whether for compensation or not, must possess all licenses, certificates, and authorizations required by these Minimum Standards and by applicable law for the conduct of such operations. A. Rights under a license, authorization, or contract granted by the City are not exclusive rights. B. The City may terminate a license, permit or agreement after giving notice of default if the recipient fails to cure its default within 30 days, or such other time as may be specified in the license, permit, or agreement, except that notice and cure provisions for insurance requirements are set forth in Section 5. The Airport Manager may terminate the lease, license, permit, or agreement upon fourteen (14) days’ notice if the Licensee fails to maintain the required insurance. C. No improvements or modifications to Airport property may be made without the prior written consent of the City. D. No lease, license, permit, agreement, or any rights thereunder, shall be assigned without the prior approval of the City. The Airport Manager may require any potential assignee to submit biographical, financial information, credit and background check at least 30 days prior to a proposed assignment. Page 52 of 152 XXX/XX/2017 DB-1 SECTION 2 DOING BUSINESS AT THE AIRPORT Page 53 of 152 XXX/XX/2017 DB-2 Section 2 – Doing Business at the Airport DB-1. Doing Business at the Airport. All Commercial Operators must obtain a permit, license, lease or other agreement with the City prior to conducting any Commercial Operation at the Airport. The Minimum Standards shall be deemed to be a part of each Commercial Operator’s Lease, license, permit or agreement with the City unless any such standards or provisions are expressly waived or amended by the City. DB-2. Requirements of all Commercial Operators. Each Commercial Operator shall: A. Have use of adequate space in an existing facility, through lease or other agreement, sufficient to accommodate the proposed operation. B. Maintain insurance as required by the Minimum Standards. C. Pay all applicable established fees and charges when due, including Fuel Flowage Fees. Such fees shall be set by City Council and published in the Airport Rates and Charges. Airport Fuel Flowage Fees may be revised periodically and adjusted as the market dictates. D. Control the conduct and demeanor of its personnel, subtenants, licensees and invitees and, upon objection by the Airport Manager concerning the conduct or demeanor of any such person, shall immediately take all lawful steps necessary to cure the objection. E. Shall do nothing that interferes with the effectiveness or accessibility of any public utility system, drainage system, sewer system, fire protection system, sprinkler system, alarm system or fire hydrant and hoses. F. Provide for proper handling and disposal of all hazardous materials generated by the business. Handling and disposal must meet all federal, state and local guidelines. G. Meet all requirements outlined in the Airport Storm Water Pollution Prevention Program and Spill Prevention Control and Countermeasures Program. H. An Operator may not utilize space or land leased to another Operator without written permission from Lessee and City. Page 54 of 152 XXX/XX/2017 DB-3 DB-3. Multiple Activities by One Commercial Operator. Whenever a Commercial Operator conducts multiple activities pursuant to one lease, license, permit or agreement with the City, the Commercial Operator shall comply with the Minimum Standards set forth herein for each separate activity being conducted. If the Minimum Standards for one of the Commercial Operator’s activities are inconsistent with those for another of the Commercial Operator’s activities, then the Minimum Standards which are most beneficial to the Airport, and/or which are most protective of the public’s health, safety and welfare, shall control. DB-4. Activities not Covered by Minimum Standards. Any activity for which there are no specific Minimum Standards set forth herein shall be subject to such standards and provisions as are developed by the Airport Manager on a case-by-case basis and set forth in such Commercial Operator’s written lease, license, permit or agreement with or from the City. DB-5. Waiver or Modification of Standards. The City may waive or modify any portion of the Minimum Standards for the benefit of any governmental agency performing non -profit public services, emergency response, fire protection or fire-fighting operations. DB-6. Airport Business Permit Application Process. To conduct a Commercial Operation at the Airport, a Person shall submit an Airport Business Permit application and receive approval from the City. In addition to the following requirements, the Airport Manager may require the applicant to provide additional information when appropriate to ensure compliance with the Minimum Standards. The applicant shall, at minimum, submit the following documentation with the application: A. A detailed description of the scope of the intended operations, including all services to be offered. B. The amount of land, office space, and/or aircraft storage areas required for the operation. C. A detailed description of any improvements or modifications to be constructed or made to Airport property, including cost estimates and a construction timetable. D. The proposed hours of operation. Page 55 of 152 XXX/XX/2017 DB-4 E. Documentation of the applicant’s financial capabilities to construct any improvements and to conduct any proposed activities. F. A detailed description and/or evidence of the applicant’s technical abilities and experience in conducting the proposed activities, including personal references. G. The commencement date for the applicant’s activities and the term of the lease, license, permit or agreement sought, including all option periods. H. One of the following: 1. Corporate applicants shall provide a copy of the Articles of Incorporation and Bylaws; 2. Limited Liability Company applicants shall provide their Certificate of Formation and Company Agreement; 3. Limited Partnership applicants shall provide a copy of the Certificate of Limited Partnership and Limited Partnership Agreement; or 4. General Partnership applicants shall provide a certified copy of the written partnership agreement. I. A copy of a current Certificate of Insurance, in the amounts outlined hereunder, naming the City of Georgetown as additional insured. Upon request, the Airport Manager may at any time review the insurance policy and licenses of a Commercial Operator. J. A copy of a current lease/sublease or other agreement with the City or an Airport tenant. K. A schedule of rates and charges for all services to be provided at the Airport. L. Copies of all applicable Federal Aviation Administration (FAA) certificates. M. Individual flight instructors not affiliated with a Commercial Operator, and FAA Designated Examiners, may provide services to pilots who operate their own aircraft without obtaining a license from the City. DB-7. Application Processing. The City shall review fully completed and submitted applications. The City may approve or disapprove an application for a license, permit or agreement to conduct activities at the Airport. The City may approve any such application that meets the criteria stated in the Minimum Standards. Grounds for denial include the following: Page 56 of 152 XXX/XX/2017 DB-5 A. The applicant does not meet the qualifications and standards set forth in the Minimum Standards. B. The proposed activities are likely to create a safety hazard at the Airport. C. The activities will require the City to expend funds, or to supply labor or materials as a result of the applicant’s activities if either City chooses not to do so, or if it will result in a financial loss to the Airport. D. No appropriate space or land is available to accommodate the proposed activities. E. The proposed activities are not consistent with the Airport Master Plan or Airport Layout Plan. F. The proposed activities will result in a congestion of Aircraft or Buildings, a reduction in Airport capacity, or an undue interference with other operations at the Airport. G. The applicant or any of its principals has knowingly made any false or misleading statements in the course of applying for a license, permit or agreement. H. The applicant or any of its principals has a record of violating FAA regulations, or any other applicable laws, ordinances, rules or regulations, or Minimum Standards. I. The applicant has not submitted appropriate documentation supporting the proposed activity as required by Section 7, Doing Business on the Airport. J. Approval of the application would not be in the best interest of the Airport. Any denial on this ground must be within the discretion afforded to the City under applicable FAA regulations. Page 57 of 152 XXX/XX/2017 CO-1 SECTION 3 COMMERCIAL OPERATIONS Page 58 of 152 XXX/XX/2017 CO-2 Section 3 – Commercial Operations CO-1. General: Prior to operation as an Fixed-Base Operator (FBO) or Specialized Aviation Services Operator (SASO), an application must be filed pursuant to DB- 6 and approval must be granted by the City. CO-2. Fueling: Only an approved FBO may sell aviation fuel to the general public pursuant to an approved fuel license. All FBOs must purchase their fuel from the City. Private fuel storage facilities are not permitted on the Georgetown Municipal Airport, except to the limited extent that an individual Aircraft Operator, desiring to self-fuel only his Aircraft: (1) obtains written permission from the Airport Manager after demonstrating compliance with AC-150/5190/6; (2) obtains written permission from the City Fire Chief; and (3) provides written evidence of insurance covering such activity and complying with Section 5. Truck to truck fuel transfer is not permitted on the Airport. CO-3. Fixed-Base Operator (FBO) No person may operate as an FBO unless that person has received and currently holds a valid authorization from the City. In addition to the requirements of DB- 2, an FBO must meet and maintain the following requirements: A. Land and Facility Requirements. An FBO must have a lease and facility meeting the following requirements: 1. Apron: An FBO must have use of at least 7,500 square feet of tenant developed apron area (not including any building area, automobile parking area, etc.) to support Aircraft operations. This apron area shall accommodate the following: (a) Airplane Design Group II Aircraft (wingspans up to seventy-nine (79) feet); (b) Transient Aircraft parking for up to five (5) jet Aircraft (leased tie-down locations may be used to fulfil this requirement); (c) Circulation taxilanes to facilitate access to/from Aircraft parking and staging areas; and (d) Adequate area to simultaneously accommodate Transient Aircraft operations, towing of Aircraft to/from storage hangars, and staging of based Aircraft. Page 59 of 152 XXX/XX/2017 CO-3 2. Terminal Building: An FBO must have use of a tenant developed terminal building (non-hangar space) consisting of at least 2,000 square feet with a minimum of at least 1,000 square feet dedicated to customer service and support functions. 3. Hangar: An FBO must have a hangar facility of at least 22,000 square feet. 4. The Terminal Building may be attached to the Hangar Facility. B. FBO Services. An FBO must provide the following services: 1. Hours of Operations A FBO must provide Jet A and Avgas for aircraft fueling and line services seven (7) days per week, from 7:00 AM until at least 7 PM. A FBO shall also be on-call twenty-four (24) hours per day with after-hours response times of one (1) hour or less. FBO must provide Aircraft line servicing as identified in paragraph 3. 2. Aviation fueling: (a) The FBO shall comply with the International Fire Ordinance, 2000 or later edition, as published by the International Ordinance Council, Inc., and as amended by the City Council for the City of Georgetown; FAA Advisory Circular 150/5230-4, as amended; all requirements of the Airport Ordinance; and all other applicable laws and regulations related to aircraft fuel handling, dispensing and storage. (b) The FBO shall not construct fuel storage. All fuel must be purchased from the City. (c) The FBO shall provide dispensing equipment sufficient to serve the needs of the aircraft frequenting the Airport, including the provision of at least one Jet A refueling vehicle and one Avgas refueling vehicle. Jet A refueling vehicles shall have single-point and over-the-wing fueling capabilities and a minimum capacity of 2,000 gallons. Avgas refueling vehicle shall have a minimum capacity of 500 gallons. An FBO shall arrange for back-up refueling vehicles (with the same capabilities and minimum capacities). All equipment must be inspected and approved by the Airport Manager prior to its use for Airport Page 60 of 152 XXX/XX/2017 CO-4 purposes. The metering devices shall be annually inspected, checked and certified by appropriate state agencies. The Airport Manager may inspect such equipment periodically to ensure compliance with all standards. (d) The FBO shall require all of its fuel-handling personnel to complete training courses, obtain a fuel handler’s certification, and receive periodic refresher training as required by FAA Advisory Circular 150/5230-4, the Georgetown Municipal Airport and City Fire Department. The Supervisory Training Program must be obtained by completing an FAA authorized Supervisory Fuel Safety training course. All employees who fuel aircraft or otherwise handle fuel must receive at least initial on-the-job training and recurrent instruction every 24 consecutive calendar months in fire safety from a trained supervisor. The City Fire Department, Airport Manager, TxDOT, and FAA may periodically inspect the FBO’s activities and personnel to ensure adherence to safe practices. (e) The FBO must develop a Standard Operating Procedure (SOP) for aviation fueling activities and submit for approval to the Airport Manager. The SOP must include a plan of action in case of a fuel spill. All fuel trucks/equipment must meet all applicable local and State codes and be approved for use by the local fire m arshal and Airport management and meet the requirements of the latest edition of the National Fire Protection Association booklet, Manual 407 – “Standard for Airport Fuel Servicing, latest edition”, published by the National Fire Protection Association. Each mobile fuel vehicle must have a spill kit. (f) All mobile fuel trucks must be parked on a concrete surface. 3. Aircraft line services: (a) The FBO shall employ and have on-duty during required hours of operation at least one properly trained and qualified employee capable of providing aircraft fueling, aircraft parking, and ancillary aircraft ground services and related customer services and support. Page 61 of 152 XXX/XX/2017 CO-5 (b) The FBO shall have and maintain the equipment that is required to safely and efficiently tow the aircraft frequenting the Airport, including a tug and tow bars with rated draw bar rating sufficient for such aircraft. (c) The FBO must have capability to remove disabled aircraft from any Airport movement surface or safety areas. (d) The FBO shall maintain tools, jacks, tugs, tire repair equipment, ground power units, emergency starting equipment, portable compressed air tanks, oxygen cart and supplies, fire extinguishers, chocks, lavatory-cart, ropes and tie-down supplies as are necessary for the servicing of aircraft types expected to use the Airport. 4. Aircraft Maintenance and Repair Services: The FBO shall provide or have a City approved sub-contractor for – (a) Airframe, engine and accessory repair services for piston, turboprop, and turbine Aircraft. (b) Sufficient shop space, equipment, and supplies for common repairs. (c) On-duty during normal business hours at least one person who is currently certified by the FAA with ratings appropriate to the work being performed and holds an airframe and power plant rating. (d) Retail sales of aircraft parts and accessories as are necessary for the servicing of aircraft types expected to use the Airport. (e) Oxygen servicing. 5. Concierge Services: The FBO must have (a) Available a minimum of one (1) courtesy car for customer services and support. (b) Agreements with rental car companies for customers who need these services. (c) A telephone for public use. Page 62 of 152 XXX/XX/2017 CO-6 (d) A pilot and passenger lounge with restrooms, coffee, and/or soft drinks. (e) Maintain a list of area FAR Part 135 Operators for air taxi and charter services. (f) Arrangements to provide aircraft detailing/cleaning services. (g) Arrangements to provide catering services to aircraft Operators. (h) Aircraft lavatory servicing. (i) Aircraft oxygen servicing. C. Subcontracting Services, Subleasing; Restrictions 1. The FBO may subcontract aircraft maintenance and repair services and the retail sale of aircraft parts and accessories, provided that such subcontractor meets the Specialized Aviation Services Operator (SASO) requirements of these Minimum Standards as stated therein and in such areas as are approved by the Airport Management. The subcontractor must be based on the Airport. 2. The FBO shall not sublease, permit or allow any other person to operate as a SASO within the FBO leased or permitted area, or to conduct any business venture, without the prior written approval of the City. D. General Requirements: The FBO is required to perform the following functions or abide by the following rules: 1. Make its business open to all forms and classes of Aeronautical Activity. 2. Properly dispose of any trash from the leased property. 3. Obtain approval from the City before reducing any services included in the FBO’s agreement with the City. 4. Furnish all applicable services in a fair, equal, and nondiscriminatory manner to all Airport users. 5. Abide by any and all rules, requirements, or mandates placed upon the City by the FAA or the State of Texas, including, the Grant Page 63 of 152 XXX/XX/2017 CO-7 Assurances of FAA grants and the Terms and Conditions of the State of Texas grants. 6. Will not allow its personnel to conduct “Flagging or Hawking” of aircraft in an attempt to direct them to their location. 7. The FBO does not have the right to perform any service or business on the Airport unless such service or business is included in the current agreement with the City. 8. Surrender FBO rights, 60 days after written notice and failure to cure, if minimum requirements are not continually met. E. Fees to include Fuel Flowage Fees 1. The FBO shall pay the Airport Fuel Flowage Fees on all fuel (100LL, Jet A, Vehicle, Diesel etc.) dispensed on Airport property. 2. All payments due the Airport shall be made payable to the Airport and shall be delivered to the Airport Business Office. CO-4. Specialized Aviation Services Operator (SASO) No person may operate as a SASO unless that person has received and currently holds a currently valid written authorization from the City. In addition to the requirements of DB-6, a SASO must meet the following requirements: A. General Requirements. A SASO must meet the following general requirements and all requirements in CO-5 through CO-15 specific to each activity the SASO will conduct: 1. The entity must have: (a) A lease with sufficient and appropriate space to conduct the functions of the SASO as it has represented it will perform for a period of a minimum of 12 months for either leased Airport property or Airport property with City-owned facilities on it, said lease having been approved by the City Council. OR Page 64 of 152 XXX/XX/2017 CO-8 (b) A sublease from an FBO or another SASO with sufficient and appropriate space to conduct those functions as a SASO that the City has approved and shall set out in the written authorization. The sublease shall define the type of business and service to be offered by the sub-lessee SASO. The sub-lessee SASO shall meet all of the Minimum Standards established by the City for the categories of services to be furnished by the SASO. The Minimum Standards may be met in combination between lessee and sub-lessee. The sublease agreement shall specifically define those services to be provided by the lessee to the sub-lessee that shall be used to meet the standards. 2. A multiple services SASO engages in any two or more of the aeronautical services for which Minimum Standards have been herein provided. (a) The SASO shall comply with the aircraft requirements, including the equipment thereon for each aeronautical service to be performed except that multiple uses can be made of all aircraft owned or under lease by SASO. (b) The SASO shall obtain, as a minimum, insurance coverage, which is equal to the greater requirement for all individual aeronautical services being performed by SASO. (c) The SASO shall have in its employ, and on duty during the appropriate business hours, trained personnel in such numbers as are required to meet the Minimum Standards for each aeronautical service the SASO is performing as herein provided. Multiple responsibilities may be assigned to meet the personnel requirements for each aeronautical service being performed by the SASO. (d) The SASO providing three (3) or more services shall lease a sufficient number of aircraft tie-down spaces or hangar space to meet the combined needs of the operations proposed. CO-5. Aircraft Sales. All SASOs conducting Aircraft Sales must meet the following additional requirements: A. Lease or have access to a minimum of 100 square feet of office space. Page 65 of 152 XXX/XX/2017 CO-9 B. If dealing in Aircraft, maintain an approved Aircraft dealer’s certificate from the FAA. C. Ensure that all other fees and taxes applicable to the sale of Aircraft are paid to the appropriate parties. CO-6. Airframe, Engine and Accessory Maintenance and Repair Services: All SASOs conducting Airframe, Engine and Accessory Maintenance and Repair Services must meet the following additional requirements: A. Provide sufficient shop space, equipment, supplies and availability of parts equivalent to that required for approved FAA repairs. B. Employ and have on-duty during normal business hours at least one person who is currently certified by the FAA with ratings appropriate to the work being performed and who holds an Airframe and Power Plant rating. C. Conduct maintenance and repair operations, or business activities inside hangars or other structures designed for such activities. Specific lease agreement and/or fire codes shall determine what hangars other structures shall be approved for aircraft Maintenance and Repairs. D. Hangar space shall be leased for such SASOs operations. CO-7. Aircraft Leasing or Rental Services: All SASOs conducting Aircraft Leasing or Rental Services must meet the following additional requirements: A. Have use of appropriate office space; and B. Have at least one person on-duty during normal business hours. C. Maintain all required FAA licenses. CO-8. Flight Training Services: All SASOs conducting flight training services must: A. Have available for use in flight training, either owned or under written lease, an airworthy aircraft, which must be at least a two-place aircraft suitable for private pilot training. B. Employ at least one FAA Certified Flight Instructor to provide the type of training offered. C. Have use of appropriate office space and adequate classroom facilities either at the Airport or at such other off-Airport location as needed for Page 66 of 152 XXX/XX/2017 CO-10 proper operations of the flight training services for the amount and type of training involved. CO-9. Avionics, Instruments or Propeller Repair Services: All SASOs conducting Avionics, Instruments or Propeller Repair Services must: A. Hold the appropriate certificates issued by FAA for the types of equipment planned to repair, service and/or install. B. Employ and have on-duty during the appropriate business hours, at least one person who is currently certified by the FAA with ratings appropriate to the services offered. C. Conduct operations or business activities only inside hangars or other structures designed for such functions. Specific lease agreements and/or fire codes shall determine what hangars or other structures shall be approved for conducting repair services. CO-10. Aircraft Charter and Air Taxi Services: All SASOs conducting Aircraft Charter and Air Taxi Services must meet the following additional requirements: A. Have and provide to the Airport Manager appropriate and current FAR Part 135 Certificates or provisional FAR Part 135 Certificates. B. Own or lease exclusively by written agreement aircraft continuously airworthy. All aircraft shall meet the requirements of their FAA certificate and Operating Specifications Manual. C. Have adequate leased hangar space for each owned or leased aircraft. CO-11. Hangar Leasing Services: All SASOs conducting Hangar Leasing Services must: A. Lease sufficient land to accommodate the proposed number of hangars and/or T- Hangars based on the following: 1. Compliance with any applicable FAA Minimum Standards for the storage of Aircraft for Hangars and T- Hangars. 2. Compliance with requirements outlined in applicable NFPA guidelines. B. Register with the Airport Manager the Aircraft based at the Airport stored within the Operator’s Hangars or T- Hangars. CO-12. Specialized Commercial Flying Services: All SASOs conducting Specialized Commercial Flying Services must: Page 67 of 152 XXX/XX/2017 CO-11 A. Demonstrate availability of aircraft suitably equipped for the particular type of operation intended to perform. B. Have on-duty or on-call during normal business hours at least one person who holds a current commercial pilot license with appropriate ratings for the aircraft to be flown. C. Have adequate leased hangar space for each owned or leased aircraft. D. Have adequate leased office space for proper operation of the Commercial Flying Services. CO-13. Aerial Applicators: No person may use the Airport for loading, unloading, air frame/hopper/tank wash down, other than engine repair of any aircraft used to apply any insecticide, fungicide, rodenticide, or herbicide unless he first gets written permission from the City. The City shall not grant such a permit unless the applicant follows procedures for and obtains an SASO permit and, in addition, agrees to provide at its own expense a paved work area with adequate provisions to collect all debris, liquids, and other materials from such aircraft and deposit same in a container and dispose of same in a manner approved by the Federal Environmental Protection Agency, Texas Department of Health, Texas Commission of Environmental Quality, Texas Department of Water Resources, Texas Department of Agriculture, and code of ordinances and regulations of City of Georgetown and Williamson County. CO-14. Mobile Aircraft Washing Services: Aircraft washing is restricted to designated wash rack areas and/or other areas permitted under an approved Aircraft Washing Plan. All SASOs conducting Mobile Aircraft Washing Services must: A. Obtain approval of an Aircraft Washing Plan that contains the following information: 1. Name of individual/company conducting washing services, contact name and phone number. 2. A site map of the area in which washing will occur. The site map must contain the following: (a) An outline of the washing location to include location of runoff control structures. (b) Approximate distance (in feet) from washing area to nearest drain(s). (c) Reference to buildings, terminal, roads, etc. Page 68 of 152 XXX/XX/2017 CO-12 (d) North arrow. B. A detailed description of washing method/operation, including the following details: 1. Wash water containment method(s), (ramp scrubber, containment boom, dry, etc.). 2. Amount of water used per wash and frequency of operation. 3. Name, amount of chemical(s) used per wash. 4. If “dry” washing or waxing/coating operations are to be conducted provide affirmation that tarps will be used to collect residual material for its proper disposal and protect the ramp (if appropriate). C. Material safety data sheets (MSDS) for all chemicals to be used. D. The method of disposal of retrieved wash/waste water. If water is to be disposed of on Airport property the following steps must be taken: 1. Disposal of wash/waste water must be done through an oil/water interceptor in to the sanitary sewer system; and 2. Approval for the discharge of wash/waste water on Airport property must be obtained from the Airport Manager. The approval letter must be included in the final washing plan. CO-15. Mobile Aircraft Maintenance and Repair Services: All SASOs conducting Mobile Aircraft Maintenance and Repair Services must: A. Be currently certified by the FAA with ratings appropriate to the work being performed and who holds an Airframe, Power Plant, or Aircraft Inspector rating. B. Conduct all activities inside hangars or other structures designed for such functions. Specific lease agreement and fire codes shall determine what hangars or other structures shall be approved for Mobile Maintenance and Repairs. Page 69 of 152 XXX/XX/2017 LCA-1 SECTION 4 FLYING CLUBS Page 70 of 152 XXX/XX/2017 LCA-2 Section 4 – Flying Clubs FC-1. Standards. A Flying Club (“Club”) shall meet the following standards: A. At the time of applying for a lease, license, permit or agreement with or from the Advisory Board to operate at the Airport, the Club shall furnish the Airport Manager the following documents: 1. Copy of its documents of organization including list of members, and names of officers and managers 2. Evidence of required insurance 3. Description of all aircraft used 4. Evidence that such aircraft are properly certificated 5. Evidence of Ownership of such aircraft 6. Any operating rules of the Club B. All aircraft used by the Club shall be owned by the Club or leased exclusively by written agreement to the Club, and all Ownership or lease rights to such aircraft must be vested on a pro-rata basis in all of the Club’s members. The property rights of the Club members shall be equal, and no part of any revenues received by the Club shall inure to the direct benefit of any member (e.g., by salary or bonus). The Club shall not derive greater revenue from the use of its aircraft than the amount necessary for the operation, maintenance and replacement of its aircraft and facilities. C. The Club’s aircraft shall not be used by any person other than the Club’s members and shall not be used by any person for hire, charter or air taxi. Flight instruction to Club's members may be given in Club aircraft. D. The Club shall pay fees as prescribed by lease, license, permit or agreement, and any applicable fees identified on the Airport Rates and Fees schedule. Page 71 of 152 XXX/XX/2017 I-1 SECTION 5 INSURANCE Page 72 of 152 XXX/XX/2017 I-2 Section 5 – Insurance I-1. General Insurance Requirements. Each Aircraft Operator and Commercial Operator shall at all times maintain in effect the following types and minimum amounts of insurance as applicable to the business/operation to be conducted. All insurance shall be in a form and from an insurance company with a Best’s financial rating of at least B ++. All policies, except worker’s compensation policy, shall name the City/County and their elected or appointed officials, officers, representatives, managers, commissioners, agents and employees as “Additional Insureds,” and the Operator shall furnish to the Airport Manager certification of insurances evidencing the required coverage cited herein prior to engaging in any Airport activity. Such certificates shall provide for unequivocal 30 day notice to Airport Manager of cancellation, or material change of any policy limits or conditions. The Airport Manager may require that a complete copy of an insurance policy be submitted. Following notice of failure to provide required insurance, the City may cancel any license, permit, or agreement if the default is not cured within 14 days. I-2. Insurance on all Structures. At all times during the term of the lease of land on the Airport, the lessee, at its own expense, shall maintain insurance on all structures on the leased property at the Airport protecting the lessee and the owner, as their interests may appear, against loss of damage by fire, accident, wind storm, hail, explosion, or smoke. Should loss occur and lessee, for any reason, abandons the lease, all proceeds shall (except to the extent otherwise claimable by the structure’s mortgagee) become the property of the City. I-3. Schedule of Minimum Insurance Requirements: A. FIXED-BASED OPERATOR Commercial general aviation liability policy with $5,000,000 CSL coverage for premises, operations, and product liability. Products Completed Operations $1,000,000 CSL Hangar Keeper's Liability $5,000,000 CSL Personal Injury (including death) $1,000,000 CSL Aircraft liability, with coverage for bodily injury $1,000,000 CSL and property damage, including passengers. Page 73 of 152 XXX/XX/2017 I-3 B. SPECIALIZED AVIATION SERVICES OPERATOR Commercial general aviation liability policy with $2,000,000 CSL coverage for premises and operations. Aircraft liability, with coverage for bodily injury $1,000,000 CSL and property damage, including passengers. C. NON-COMMERCIAL FLYING CLUBS Commercial general aviation liability policy with $1,000,000 CSL coverage for premises and operations. Aircraft liability, with coverage for bodily injury $1,000,000 CSL and property damage, including passengers. D. ALL OTHER OPERATIONS/USERS General aviation liability policy with coverage $ 500,000 CSL for premises and operations. Note: CSL = Combined Single Limit I-4. Special Instructions. A. Any Aircraft Operator seeking to “self fuel,” as defined in FAA Advisory Circular 150/5190-6, shall have a minimum $1,000,000 CSL general liability policy that contains an endorsement specifically permitting self- fueling. B. Any Operator using service vehicles on the Airport premises in support of its operations shall maintain additional coverage of Motor Vehicle Liability in the amount of $500,000 CSL. I-5. Additional Insurance Required. In addition to the types and amounts of insurance required by this Article, each Operator shall at all times maintain such other insurance as the City may reasonably determine to be necessary for such Operator’s activities. Page 74 of 152 XXX/XX/2017 BIS-1 SECTION 6 BUILDING/IMPROVEMENT STANDARDS Page 75 of 152 XXX/XX/2017 BIS-2 Section 6 – Building/Improvement Standards BIS-1. Buildings and Structures. All buildings and structures owned or used by Operators on the Airport shall comply with state and local laws, codes and regulations. All buildings, structures and improvements must be maintained in a sound structural and mechanical condition throughout the term of use by Operator. BIS-2. Maintenance of the Airport. Each lessee of land or facilities on the Airport shall keep the leased area/facilities neat (appropriately painted where appropriate), trimmed, clean, free from any type of hazard of life, limb, or property, free from junk and debris, and in an aesthetically pleasing condition. Maintenance of areas not leased shall be the responsibility of the City. BIS-3. Buildings and Structures Standard. No person may construct, remodel, erect, or maintain any structure or shelter, either permanent or temporary, unless specifically authorized by the City. Except as noted hereinafter, in no event shall the City authorize construction, erection, or continued presence of a structure unless it is of permanent metal and/or masonry construction, paved floors, aesthetically pleasing, and at a minimum, meet building, fire, and other codes or standards applicable in the City and/or at the Airport. The City may waive this policy if determined that such action is necessary to provide a minimal level of service to Airport users. All asphalt pavement must be constructed to support the maximum weight of the aircraft planned for using the hangar location. BIS-4. Construction Process. Before commencing any improvements or modifications, the Operator must submit detailed construction plans and specifications to the City for approval. Operator must obtain City issued building permit. Operator must comply with all required building inspections. Upon completion of the construction, the Operator must obtain a City issued Certificate of Occupancy (CO) certificate and provide the City two (2) complete sets of detailed plans and specifications of the work as completed. Operator may not occupy or use improvement until CO has been issued. All improvements or modifications made to Airport property shall become the property of the Airport, at no cost to the Airport upon termination of the Operator’s lease, license, permit or agreement. Page 76 of 152 XXX/XX/2017 L-1 SECTION 7 LEASING Page 77 of 152 XXX/XX/2017 L-2 Section 7 – Leasing L-1. Conflicts in Lease. Should any portion of these Standards conflict with the conditions of any lease agreement executed by the City, the conditions in the executed lease agreement will control over these Standards for the remainder of the lease term or renewal thereof. L-2. Exclusive Rights. No person may be granted in fact or by written instrument any exclusive right in violation of the FAA Grant Assurances applicable to the Airport. Determination of the existence of a prohibited exclusive right lies within the exclusive jurisdiction of the FAA. If FAA determines any provision of a written instrument or a practice in fact constitutes a grant of a prohibitive exclusive right, such provision or grant shall be deemed void. L-3. Ground Lease Applications. A request shall be made to the Airport Manager, who will provide the applicant with instructions on the information that is needed to proceed with the request. The following shall be required for all applications to lease: A. Concept plan including preliminary sketches of construction and infrastructure build out. B. Timeline to complete the project. C. Intended aeronautical use of project, and a preliminary analysis of the project’s impact on Airport traffic and/or noise. D. Letter of Credit assuring financial capabilities. The Airport Manager will review the request for compliance with Airport Layout Plan, Airport Master Plan, Airport Ordinance, Airport Rules and Regulations, and Minimum Standards. The Airport Manager may at this time request changes to the proposed lease if above listed compliance are not met. After receipt of a completed request for a lease, the Airport Manager and potential lessee will present the lease proposal at the next scheduled Advisory Board meeting. The Advisory Board may defer the proposed lease to a future Advisory Board meeting if additional information or changes to the proposal are required. All lease proposals will be forwarded to the City Council meeting with a recommendation from the Advisory Board. Page 78 of 152 XXX/XX/2017 L-3 L-4. Fees Due from Operators at/on Airport. The following shall be due and payable to the City on the 5th business day of each calendar month for charges incurred during the calendar month next proceeding, as follows: A. Sums due under any leases of land or land with improvements. B. Sums due under any agreement granting operating rights at or from the Airport. L-5. Terminal Apron Leasing. No two or more related persons/entities (legally, by third degree of consanguinity or affinity, or otherwise) may be granted a lease or any portion thereof on the Terminal Apron or on all or substantially all the land contiguous thereto. Aircraft Operators may lease tie-down spots. L-6. Lease Cancellation/Reduction in Scope. Land leased on the Airport must be promptly, effectively, and reasonably fully utilized. Any person leasing vacant land on the Airport must commence construction of minimum facilities, as described in the lease with the City, no later than one year from the date of the lease agreement, provided however, that the City may grant such extensions as the City may deem necessary. The facilities shall be completed not later than one year after construction commences. Total Cancellation: If any lessee fails to promptly and effectively utilize any of the leased premises, City may lease the tract to another qualified person in accordance with procedures set out elsewhere herein. Partial Cancellation: If a lessee after such two year period (and any extension that may be granted by the City) is using only part of the area leased to him, the City may, or on receiving from an otherwise qualified person a bona fide firm offer to lease the unused portion, unilaterally reduce the lease to the area being actually used, provided, however, that in no event (except where lease is totally cancelled) will a FBO’s or a SASO’s lease be reduced below the minimum required acreage for such Operators. L-7. Lease Charges/ Escalation Clauses/Terms. All unimproved Airport property shall be leased at an amount per square foot, per year as set by the City. The term of each lease for use of unimproved Airport Page 79 of 152 XXX/XX/2017 L-4 property shall be set by City, not to exceed twenty (20) years with a ten (10) year option. L-8. Removal and Repair of Unairworthy Aircraft and Inoperable Vehicles. A. All aircraft, located anywhere on the Airport, must be either: (1) airworthy; or (2) undergoing necessary repairs or maintenance, by an FAA-approved license holder, calculated to render the aircraft airworthy within 60 days. The Airport Manager may send a written request for proof of airworthiness, including log entries, legible identification of inspection sign-offs, and records of last flight date, to the registered owner of an aircraft at the address on file with the FAA Registration Branch. An Aircraft Owner receiving such request must within 20 days: (1) provide proof of airworthiness; or (2) move the aircraft to an approved repair facility and submit to the Airport Manager a letter from such facility stating that repairs necessary to render the Aircraft airworthy are being undertaken and the estimated date of airworthiness. B. If an Aircraft Owner fails to respond appropriately within 30 days to an airworthiness enquiry letter sent under Section L-8(A), then the City may assess additional rent in the amount of $500 per day for each day beyond 30 days that the Aircraft remains at the Airport. C. If an Aircraft remains in an outdoor parking space for more than 60 days beyond expiration of the 30-day response period listed in Section L-8(B), the City may move such Aircraft to other hangered or outdoor parking area as it deems appropriate. Rent after such 60-day period shall be assessed at $1,000 per day. D. Amateur or kit-built aircraft, while under construction in an Airport hangar, shall not be subject to this Section L-8 provided that the hangar tenant and the aircraft owner have submitted to the Airport Manager an estimated construction schedule and submit every 6 months a construction progress report, as recommended in the FAA 2016 Policy on Non-Aeronautical Uses of Hangars. Page 80 of 152 XXX/XX/2017 A-1 APPENDIX A DEFINITIONS Page 81 of 152 XXX/XX/2017 A-2 Accident: A collision or other contact between any part of an aircraft or a vehicle, person, stationary object or other thing which results in property damage, personal injury, or death; or an entry into or emerging from a moving aircraft or vehicle by a person which results in personal injury or death to such person, or some other person, or which results in property damage. Advisory Board: City appointed board that makes recommendations to the City pertaining to Airport related matters. Advisory Circular (AC): FAA publications consisting of all non-regulatory material of a policy, guidance, and technical nature. Used as basic source for most Airport design criteria. Aeronautical Activity: Any activity or service conducted on Airport property, which involves, makes possible, or is required for the operation of aircraft, or contributes to, or is required for, the safety of such operations. Aeronautical Activities include, but are not limited to: • General and corporate aviation • Air taxi and charter operation • Aerial photography • Pilot training • Aircraft rental • Sightseeing • Aerial surveying • Crop dusting • Aircraft sales and service • Aviation fuel and oil sales (whether or not conducted in conjunction with other included activities) • Repair and maintenance of aircraft • Sale of aircraft parts • Aviation fire suppression • Aviation advertising • Aircraft management • Any other activities that, because of their direct relationship to the operation of aircraft can appropriately be regarded as an aeronautical activity. The following are non-aeronautical activities: • Ground transportation (taxis, car rentals, limousines) • Restaurants • In-flight food catering • Barber shops • Auto parking lots Air Traffic: Aircraft in operation anywhere in the air or, when under their own power, on the ground. Page 82 of 152 XXX/XX/2017 A-3 Aircraft: Means any device intended to fly in the air. Aircraft Charter and Air Taxi Services: An Air Charter or Air Taxi Operator engages in the business of providing air transportation (persons or property) to the general public for hire, on an basis under Code of Federal Regulations CFR 14 Part 135 of the Federal Aviation Regulations. Aircraft Fuel: Means all flammable substances expressly manufactured and blended for the purpose of operating an Aircraft engine. Aircraft Operator: Person in charge or command of an aircraft. The Aircraft Operator may, or may not be, the owner of the aircraft. Airport Layout Plan (ALP): An FAA/TxDOT approved set of drawings showing Airport boundaries, physical features and proposed additions to all areas owned or controlled by the sponsor for Airport purposes, the location and nature of existing and proposed Airport facilities and structures, and the location on the Airport of the existing and proposed non-aviation areas and improvements thereon. The drawings also show local airspace, approach areas and obstructions in the approach areas. Airport Master Plan (AMP): Presents a conception of the ultimate development of a specific Airport. It presents the research and logic from which the plan was evolved and displays the plan in a graphic and written report. Airport Rates and Charges: A schedule of fees approved by the City payable by users and Operators at the Airport. Airport Tenant: A person who leases or uses property at the Airport solely for the purpose of storing Based Aircraft, and who is not engaged in any Commercial Operation. Airside: The area of the Airport that is either contained within the Airport perimeter fence or which requires access through a building located on or adjacent to Airport property which requires access to a Airport surface such as runways, taxiways, or aprons. Airspace: Space in the air above the surface of the earth or a particular portion of such space, usually defined by the boundaries of an area on the surface projected upward. Air Traffic Pattern: The Air Traffic flow that is prescribed for aircraft landing at, taxiing on, or taking off from the Airport. Apron: A defined pavement area, intended to accommodate aircraft for purposes of loading or unloading passengers or cargo, servicing and parking. Page 83 of 152 XXX/XX/2017 A-4 Avionics, Instruments or Propeller Repair Services: A service that engages in the business of and provides a shop for the repair of aircraft avionics, propellers, instruments, and accessories for general aviation aircraft. This category may include the sale of new or used aircraft avionics, propellers, instruments, and accessories. Based Aircraft: Aircraft which the owner physically locates and domiciles at the Airport intending that it remain for an undetermined period, and which, whenever it is absent from the Airport, the owner intends to return it to the Airport. Building: Main portion of a structure, all projections or extensions there from, any changes or additions thereto, and shall include garages, outside platforms, docks, carports, canopies, eaves and porches. Building Area: An area on an Airport to be used, considered, or intended to be used, for Airport buildings or other Airport facilities or rights-of-way, together with all Airport buildings and facilities located thereon. City: The City of Georgetown, Texas and Owner of the Georgetown Municipal Airport. Commercial Operator: Person who provides goods or services at the Airport for compensation. Such activities are deemed “Commercial Operations.” An activity is considered Commercial Operation regardless of whether the business is non-profit, charitable, or tax exempt. FAA: Federal Aviation Administration. FAR: Federal Aviation Regulations. Flagging and/or Hawking: Any method or means used from any location to attract incoming aircraft for the purposes of selling fuel or providing other services (except the use of fixed signs if approved by the City). "Flagging" and/or "Hawking" is Prohibited on the Georgetown Municipal Airport. Flying Club: An entity or organization organized solely for the purpose of providing its members with one or more aircraft for their personal use and enjoyment. Fuel Flowage Fees: Fees levied by the City per gallon of aviation gasoline and jet fuel sold at the Airport. Hangar: Fully enclosed structure intended to house aircraft, either for purposes of storage, or while undergoing maintenance and repair. (See Shade Hangar) Hazardous Material: Hazardous or toxic substance, waste or material which is toxic, explosive, corrosive, flammable, infectious, radioactive, carcinogenic, mutagenic, teratogenic, or otherwise hazardous, and is or becomes regulated by any governmental authority, agency, Page 84 of 152 XXX/XX/2017 A-5 department, board, board, agency or instrumentality of the United States, the State of Texas or any political subdivision thereof. Improvements: All buildings, structures and facilities, including pavement, fencing, signs and landscaping, constructed, installed or placed on, under or above any leased area by or with the concurrence of a lessee. Landing Area: Any locality, either on land or water, including Airports, heliports and STOL (Short Take-Off and Landing) ports, which is used or intended to be used for the landing and takeoff or surface maneuvering of aircraft, whether or not facilities are provided for the shelter, servicing, or repair of aircraft, or for receiving or discharging of passengers or cargo. Landside: The general public common use areas of the Airport such as public roadways, parking lots and buildings. Lease: A written agreement between the City and a person granting permission to use Airport land and/or buildings, and/or authorizing the conduct of specified activities. Line Service: The general pre-flight or post-flight dispensing of aviation fuel, checking aircraft engine oil, adding aircraft engine oil, windshield cleaning, etc. conducted at an FBO area by line personnel dispensing fuel from a truck designed for such purposes. Non-Commercial Operators: A person or entity that neither offers nor provides goods or services to the public for compensation. Operator: Any person conducting Aeronautical Activity at the Airport. Person: An individual; a corporation, firm, partnership, association, organization, agency, and any other group or entity acting as a unit; the state, county, and/or political subdivision of the state, or other governmental entity. Person also includes a trustee, receiver, assignee or similar representative. Ramp: Paved area suitable for aircraft parking. Repair Facility: Facility utilized for the repair of aircraft to include airframe, power plant, propellers, radios, instruments and accessories. Such facility will be operated in accordance with pertinent local, state and FAA regulations. Roadway: Any street or road whether improved or unimproved, within the boundaries of the Airport and set aside or designated for use by vehicles, whether dedicated or not. Runway: Segments of land at the Airport prepared and marked for use by aircraft in taking-off and landing. Page 85 of 152 XXX/XX/2017 A-6 Specialized Aviation Services Operator (SASO): A person offering one or more specialized aeronautical services at the Airport, including without limitation the following activities: 1. Aircraft / Helicopter Sales 2. Airframe, Engine and Accessory Maintenance and Repair 3. Aircraft Leasing or Rental Services 4. Flight Training Services 5. Avionics, Instruments or Propeller Repair Services 6. Aircraft Charter and Air Taxi Services 7. Hangar Leasing Services 8. Specialized Commercial Flying Services 9. Aerial Applicators 10. Mobile Aircraft Washing Services 11. Mobile Aircraft Maintenance and Repair Services Specialized Commercial Flying Services: A Specialized Commercial Flying Services Operator engages in air transportation for hire for the purpose of providing the use of aircraft for the following activities: 1. Non-stop sightseeing flights that begin and end at the same Airport 2. Aerial advertising 3. Aerial photography or survey 4. Power line or pipeline patrol 5. Fire fighting 6. Any other operations specifically excluded from FAR Part 135 of the Federal Aviation Regulations Sublease: Lease granted by a lessee, only with permission from the City, to another entity for all or part of the leased property. Taxilane: Portion of the Airport apron area, or any other area, used for access between taxiways and aircraft parking and storage areas. Taxiway: Defined path established for the taxiing of aircraft from one part of the Airport to another. Taxiway Safety Area: A cleared, drained, and graded area, symmetrically located about the extended taxiway centerline and adjacent to the end of the taxiway safety area. Terminal Apron: The paved or surface-treated area adjacent to the terminal building reserved for use by itinerant aircraft, also for aircraft refueling, or the loading or unlo ading of passengers or cargo, and includes that portion of the parking apron reserved for aircraft owners leasing space from the City for month to month parking. Terminal: Airport Building with both Airside and Landside access for aircraft Operators and passengers. The Terminal provides restrooms, lounge area, conference area and is the location of the Airport Manager’s Office. Page 86 of 152 XXX/XX/2017 A-7 Tie-Down: Area within an open-air aircraft parking or storage area where aircraft may be secured to the ground, either by use of fixed tie-down points, or by use of moveable anchors. Transient Aircraft: Aircraft that is not a Based Aircraft at the Airport. T-hangar: An aircraft hangar in which aircraft are parked alternately tail to tail, each in the T - shaped space left by the other row of aircraft or aircraft compartments. Page 87 of 152 XXX/XX/2017 B-1 APPENDIX B BUSINESS APPLICATION Page 88 of 152 XXX/XX/2017 B-2 GEORGETOWN MUNICIPAL AIRPORT AERONAUTICAL BUSINESS APPLICATION and PERMIT (Required to conduct commercial aeronautical activity on the Airport) Business or activity to be conducted (Check all that apply): ____ Fixed-Based Operator ____ Aircraft Charter and Air Taxi Services ____ Aircraft Sales ____ Hangar Leasing Services ____ Airframe, Engine and Accessory Maintenance and Repair Services ____ Specialized Commercial Flying Services Aircraft Leasing or Rental Services ____ Aerial Applicators ____ Flight Training Services ____ Mobile Aircraft Washing Services ____ Avionics, Instruments or Propeller Repair Services ____ Mobile Aircraft Maintenance and Repair Services ____ Other These activities are limited to the Airport by ordinance. Please refer to the Airport Minimum Standards for further information on each type of business. Applicant: ____________________________________________________________________ Authorized Representative: _______________________________________________________ Title: ________________________________________________________________________ Business Address: ______________________________________________________________ City, State, Zip: ________________________________________________________________ Billing Address: ________________________________________________________________ City, State, Zip: ________________________________________________________________ Phone: (work): __________________ (fax:): _______________ (emergency): ______________ The Applicant hereby requests the above action(s) from the City for the privilege of conducting Commercial Aeronautical Activities on the Airport. Each FBO application must include a Business Plan and Financial Package. The Business Plan must include information on how the applicant plans to provide required services. The Financial Package must include a list of individuals/parties with a material interest in the business as well Page 89 of 152 XXX/XX/2017 B-3 as demonstrate the capital necessary to support the required operations of the business desiring to operate as an FBO on the Airport. The undersigned representative certifies they are authorized to sign for the business and acknowledges receipt of a copy of this permit. Authorized Representative’s Signature Date Signed _______________ ______________________________ City Approval Date Signed _______________ _______________________________ Page 90 of 152 City of Georgetown, Texas Transportation Advisory Board August 11, 2017 SUBJECT: Cons id eration and p o s s ib le rec o mmendation to approve the Airp o rt Ord inanc e 12.32. - Georgetown Municipal Airport Us e Regulations – Rus s Volk, C.M., Airport Manager and Oc tavio A. Garza, P.E, C.P.M., Public Wo rks Direc tor ITEM SUMMARY: The Airp o rt Ordinanc e provid es Rules and R egulations for tho s e who o p erate at the Geo rgeto wn Municipal Airport. Airport spons ors mus t allow us e of the airpo rt b y all types, kinds, and c las s es o f aeronautical activity as well as by the general p ublic . Airp o rt rules and regulatio ns p ro vide a means to c ontrol o p erations at a p ublic airport to p ro tec t b o th aeronautical ac tivities and p ublic safety. The Ord inanc e is d ivided into the fo llo wing s ec tions : General Guid anc e Airp ort Operatio ns Leasing The updated vers ion removed dup licate language and any p o tential conflicts b etween Federal Aviation Adminis tration and other regulatory guidance. During the up d ate o f this o rd inance, inp ut was s o licited from s elect airport us ers , GTAB aviation board memb ers and the C ity Attorney's Office. FINANCIAL IMPACT: N/A SUBMITTED BY: Rus s Vo lk, C.M., Airport Manager ATTACHMENTS: Description Type Airport Ordinance Backup Material Page 91 of 152 {00009362 / v10 / / AIRPORT / ORD / 04/06/2017} CHAPTER 12.32. - GEORGETOWN MUNICIPAL AIRPORT USE REGULATIONS ARTICLE I. – GENERAL Sec. 12.32.010. - Definitions. “Airport Manager” means the City of Georgetown Airport Manager or designee. "Instrument approach" means an approach to an airport, with intent to land, by an aircraft flying in accordance with an IFR flight plan, when the visibility is less than three miles and/or when the ceiling is at or below the minimum initial altitude. "Marking" means a pattern of contrasting colors placed on the pavement, turf, or other usable surface by paint or other means to provide specific information to aircraft pilots and sometimes to operators of ground vehicles, on the movement areas. "Night" means the time between the end of evening civil twilight and the beginning of morning civil twilight, as published in the American Air Almanac, converted to local time. "Person" means unless context clearly indicates otherwise, the "person" as used herein shall mean any natural person, estate, club, organization, firm, association (whether incorporated or not), partnership, corporation, or legal entity of any kind. "Restricted area" means an airport property designated for the safe operation of aircraft. "Runway" means a defined rectangular area on a land airport prepared for the landing and takeoff run of aircraft along its length. "Straight-in approach—IFR" means an instrument approach wherein final approach is begun without first having executed a procedure turn, not necessarily completed with a straight-in landing or made to straight-in landing minimums. "Straight-in approach—VFR" means entry into the traffic pattern by interception of the extended runway centerline (final approach course) without executing any other portion of the traffic pattern. (See "traffic pattern"). "Taxilane" means a defined path in the aircraft parking area intended to provide taxiing aircraft access between the taxiways and the aircraft parking positions. "Taxiway" means a defined path, usually paved, over which aircraft can taxi from one part of an airport to another. "Terminal building" means a building or buildings designed to accommodate the enplaning and deplaning activities of flight crews and passengers. Page 92 of 152 {00009362 / v10 / / AIRPORT / ORD / 04/06/2017} "T-hangar" means an aircraft hangar in which aircraft are parked alternately tail to tail, each in the T-shaped space left by the other row of aircraft or aircraft compartments. "Traffic pattern" means the traffic flow that is prescribed for aircraft landing at, taxiing on, or taking off from an airport. The components of a typical traffic pattern are upwind leg, crosswind leg, downwind leg, base leg, and final approach: A. Upwind leg—A flight path parallel to the landing runway in the direction of landing. B. Crosswind leg—A flight path at right angles to the landing runway off its upwind end. C. Downwind leg—A flight path parallel to the landing runway in the direction opposite to landing. The downwind leg normally extends between the crosswind leg and the base leg. D. Base leg—A flight path at right angles to the landing runway off its approach end. The base leg normally extends from the downwind leg to the intersection of the extended runway centerline. E. Final approach—A flight path in the direction of landing along the extended runway centerline. The final approach normally extends from the base leg to the runway. An aircraft making a straight-in approach VFR is also considered to be on final approach. Sec. 12.32.020. – General provisions. A. Authority. These Regulations are enacted by the City of Georgetown, for the operation of the Airport, pursuant to the powers and duties of the City of Georgetown, Texas, a home rule municipal corporation, and applicable state and federal laws. B. Alteration of Airport Property. No person shall erect or alter any sign, building, aircraft parking or storage area, leased area or other airport property, without prior written permission from the City. Such persons shall comply with all building codes and permit procedures of the airport and City and shall deliver to the Airport Manager as-built plans upon completion. C. Abandoned Property. No person shall abandon any property, ie. airplanes, vehicles, household items, etc. at the Airport. D. Knowledge of Regulations implied; copies of article available. These Regulations are available at all times on the official website of the City. E. Conflict of Regulations. In the event of conflict between these Regulations and the FAA regulations, the latter prevails. F. Security. All users of the Airport shall follow the Municipal Airport Security Awareness Program guidelines available in the terminal building. Page 93 of 152 {00009362 / v10 / / AIRPORT / ORD / 04/06/2017} G. Control of debris, foreign objects, glass. 1) No glass bottles may be used near an aircraft operations area, except within private hangars or other leased premises. 2) All Airport users shall endeavor to keep all aircraft operations areass clear of glass, debris and foreign objects so as to avoid or reduce possible damage to aircraft. Users are encouraged to pick up loose property, and dispose of such material, or report the presence of such material to the Airport Manger's office. H. Use of another’s property. Unless authorized by the owner, the use of any aircraft, parts, equipment, accessories or tools of another, situated on said airport, is forbidden, and no person shall enter, climb upon, or in any way tamper with, any aircraft not owned by that person unless permission has been granted by the owner or the person is accompanied by the owner. I. No signs or equipment or portable buildings and house trailers may be erected, moved in or installed except as may be specifically authorized by the City Council. J. Reporting damage to airport equipment and or facilities. Any person damaging any airport equipment and or facilities by operation of an aircraft or otherwise shall immediately report such damage to the Airport Manager. K. Registration of persons and aircraft. All aircraft based at the Airport shall be registered by the owner at the office of the Airport Manager with either a properly executed lease agreement with the City for a hangar space or a tiedown space, or a properly executed airport tenant agreement if the aircraft occupies space subleased or provided, with or without a fee or charge, by a primary airport ground or facilities lessee. It shall be the responsibility of the primary lessee to provide the necessary information for the proper execution of the airport tenant agreement. L. Authority of Airport Manager to suspend or restrict operations; safeguard of persons and property. The airport manager may suspend or restrict any operations whenever necessary in the interest of safety, and will provide notice of such action as is reasonable and necessary. Sec. 12.32.030. – Restricted area. A. All airport property is a restricted area, with the exception of the main access road (Terminal Drive), and Airport Terminal building. B. Persons who may enter restricted area. No person shall enter the designated restricted areas unless he has permission from the Airport Manager, holds a current license or lease with the City of Georgetown for an Airport facility, holds an FAA license, or is an invited visitor of such a person. Employees or invited visitors are the responsibility of their sponsor for compliance with all Airport Regulations. Page 94 of 152 {00009362 / v10 / / AIRPORT / ORD / 04/06/2017} Sec. 12.32.040. – Use of land within the airport. Property within the airport may be used only for aeronautical purposes, provide, however, that nothing herein shall prohibit a secondary non-aeronautical use of such land if: 1. The primary aeronautical need is not interfered with; 2. It is not in violation of FAA or Texas Department of Transportation regulations; 3. Is specifically authorized by owner; and 4. If such secondary use will benefit the airport or provide better for its maintenance or development. Sec. 12.32.050. – Fire regulations. A. All transportation, storage and other handling of aircraft and vehicle fuel shall comply with: the International Fire Code, 2012 Edition or later, as amended by the Georgetown City Council, and FAA Advisory Circular 150/5230-4. B. Every person using the airport or its facilities, in any manner, shall exercise reasonable care and caution to prevent fire. C. All fire lanes are to be kept clear. D. Hangar entrances shall be kept clear at all times. E. Smoking any substance, including e-cigarettes, or any open flame, is prohibited within 50 feet of any aircraft, fuel truck, hangar, or fuel storage tank. No person shall smoke, or otherwise ignite a match or lighter for the purpose of smoking in or within 25 feet of any door or air intake on any public hangar, offices, waiting rooms, or buildings. F. Compressed or inflammable gas, not ordinarily used for aviation purposes, shall not be kept or stored upon the airport, except in places designated by the Airport Manager. G. No flammable substances shall be used inside a hangar or other building without prior permission from the City Fire Department. H. Painting of aircraft inside hangars is specifically prohibited, except that small maintenance or repair projects such as paint touch-up or treating small areas to prevent corrosion are allowed. I. The floors in all buildings shall be kept clean and free from oil. Volatile, flammable substances shall NOT be used for cleaning floors. Page 95 of 152 {00009362 / v10 / / AIRPORT / ORD / 04/06/2017} J. In the event of spillage or dripping of gasoline, oil, grease or an y other material which may be unsightl y or detrimental to the airport, the same shall be removed immediately and the affected area shall be restored to its condition prior to the spillage or dripping. The responsibility for such removal and restoration shall be assumed by the operator or owner of the equipment causing the same, or by the tenant or concessionaire responsible for the spillage or dripping. In the event of failure by the responsible person to remove the material and restore the affected area, the Airport Manager may arrange for removal and restoration and may charge the responsible person for all resulting costs. K. All Airport tenants, lessees, licensees and permittees shall supply and maintain such adequate and readily accessible fire extinguishers as may be required by applicable fire codes and regulations. Each fire extinguisher shall carry a suitable tag showing the date of most recent inspection. At least one fire extinguisher with a Class 2A, 10BC rating shall be installed by the hangar tenant in each hangar to comply with the City Code of Ordinances. Extinguishers shall be mounted not less than five inches from the floor of the hangar, and not more than five feet from the hangar door. The City has the right to inspect all facilities to ensure that fire extinguishers are properly mounted and maintained. Sec. 12.32.060. - Airport Layout Plan (ALP). The Airport Manager and the FAA have on file a copy of the most recent FAA-approved ALP for the airport. It provides for orderly development and maximization of return from the airport. All development and activities on the airport and all proposed leases of portion of the airport must comply with the ALP. Sec. 12.32.070. - Adoption of minimum standards for commercial and non -commercial operators. "Minimum Standards for Commercial and Non-Commercial Operators at Airport" ("Minimum Standards") are concurrently enacted by the Georgetown City Council and are incorporated by reference for all purposes as if set forth in full. Sec. 12.32.080. - Commercial activity requires permit. No person or entity shall use the Airport to conduct commercial activities without written approval from the Airport Manager, and (when applicable) a permit as required in the Minimum Standards. Sec. 12.32.090. - Penalty for violation. A. A person who violates this Chapter, or willfully obstructs or prevents compliance with this Chapter, commits an offense punishable as provided in Section 1.08.010. Each day a violation continues is a separate offense. B. In addition to the penalty provided in subsection A, the Airport Manager may deny use of the Airport to a person who: Page 96 of 152 {00009362 / v10 / / AIRPORT / ORD / 04/06/2017} 1. Violates or otherwise does not comply with this chapter; or 2. Commits or is about to commit a breach of the peace. C. A person commits an offense if the person remains on airport property after receiving notice from a police officer to leave the property. Sec. 12.32.100. – Fueling at the airport. A. Fuel Sales and Purchase. 1) Except as expressly permitted by these Regulations, no p erson shall store fuel at the Airport. 2) All fuel provided for sale on the airport must be purchased from the City of Georgetown Airport Fuel Storage Facility. 3) Fuel flow fees and margin rates will be determined by the City Council from time to time. 4) The City Council authorizes the General Manager of Utilities to establish regulations, policies, and fees governing airport fuel sales. The General Manager of Utilities shall update City Council within one year following fuel policy changes. 5) Public sale of automobile gasoline for use in aircraft shall not be permitted on the airport without approval by the Airport Manager. Aircraft authorized by the FAA to use auto gas may be privately fueled by their owner; only after compliance with established Regulations adopted by the Airport and City of Georgetown Fire Department. B. Fuel Storage and Fuel Trucks 1) Unless otherwise approved b y the Airport Manager moveable fuel storage tanks are prohibited at the airport except for: i. Fuel trucks constructed, operated and maintained in all respects as required by law and this Chapter. ii. Permanent fuel tanks in an operable aircraft. iii. Tanks not exceeding one-gallon capacity used solely for sampling and testing fuel, engines and fuel handling apparatus. Page 97 of 152 {00009362 / v10 / / AIRPORT / ORD / 04/06/2017} iv. Trucks lawfully transporting fuel for immediate dispensing into a fuel storage tank permitted by these Regulations. Such vehicles shall access the airport at a point approved by the Airport Manager. 2) Aviation or automobile fuels shall not be stored within any hangar, except that which is contained in aircraft fuel tanks or approved safety containers, and in quantities not to exceed those established by the City of Georgetown Fire Department. 3) Aircraft refueling vehicles, other moveable aircraft fuel containers and refueling devices shall be stored outside and not less than fifty (50) feet from a building, or such other distance as shall be approved by Airport Manager and City Fire Department. 4) All fuel trucks/fueling equipment shall be equipped, labeled, operated, and maintained in accordance with National Fire Protection Association, Inc., NFPA Manual 407, "Aircraft Fuel Servicing". 5) Refueling/Defueling of aircraft fuel servicing vehicles must be perfor med outdoors. 6) Maintenance of fueling systems on aircraft fuel servicing vehicles must be performed outdoors or in a building approved for that purpose. 7) Fuel trucks/fueling equipment are prohibited from all grassy areas on the Airport. 8) When not performing servicing operations, fuel trucks/fueling equipment must be parked on a concrete surface. 9) Aircraft refueling vehicles shall be parked in a manner, which provides a minimum of ten (10) feet of separation between said vehicle and any other vehicle, or aircraft refueling device. C. Self-Fueling. 1) Persons wishing to supply and dispense aviation fuel for their own private use must first obtain authorization from the Airport Manager. Owners of aircraft based at the Airport who desire to self-fuel their aircraft, shall apply for and receive self-fueling approval from the Airport Manager. Use of the Airport Public fuel pumps does not constitute self -fueling. 2) Fuel Flow Fees shall be paid to the airport by those who choose to "Self-Fuel." 3) A person approved for Self-Fueling Operations shall not dispense aircraft fuel to another airport user. Page 98 of 152 {00009362 / v10 / / AIRPORT / ORD / 04/06/2017} D. Fueling Regulations 1) The Airport shall require all self-fueling and FBO fuel-handling personnel to accomplish FAA approved training courses and receive periodic refresher training as required b y the Airport and City Fire Department. Documentation of training must be provided to Airport Manager. 2) All aviation fuel nozzles must have "dead man" controls that will shut off the fuel flow when the nozzle hand control is released. Automatic fuel cut-off nozzles MAY NOT be substituted for “dead man” controls for fueling. "Dead man" controls are required on all single-point refueling systems. 3) Aircraft shall not be fueled when an engine is running except that emergency services helicopters/airplanes on a fast-turn-around may be fueled with the engine idling, at the discretion of the fixed-base operator and the pilot. The pilot assumes responsibility for any passengers on board during "hot" refueling. 4) At least two twenty-pound Class 2, BC portable fire extinguishers shall be accessible on a fueling apparatus. 5) Fueling of aircraft or fuel trucks is prohibited during thunderstorm activity within five miles of airport. 6) Truck to truck fuel transfers are not permitted on the airport. 7) All aircraft shall be positively grounded during fueling. Aircraft fueled from a fuel truck must be grounded to the fuel truck. 8) All aircraft fueling shall be performed outdoors. Aircraft being fueled shall be positioned so that aircraft fuel system vents or fuel tank openings are not closer than twenty-five (25) feet from any building, facility or hangar unless otherwise approved by the Airport Manager and City Fire Department. Page 99 of 152 {00009362 / v10 / / AIRPORT / ORD / 04/06/2017} ARTICLE II. - AIRPORT OPERATIONS Sec. 12.32.200. – General airport operations rules and regulations. A. No person shall walk, stand, or loiter in the airside area where such activity may be an operational or safety concern. B. The use of bicycles, motor scooters, and motorcycles on the ramp is restricted to licensed drivers only. These modes of transportation are not allowed past the west end of the hangar row with the exception of loading or unloading of aircraft. C. Playing on ramp, taxiways, or runway is prohibited. D. Double parking at hangars is prohibited. E. All parachute, glider, ultralight, and banner towing operations are prohibited. F. Only aircraft and airmen licensed by the FAA shall operate aircraft at the Airport, but this limitation shall not apply to students in training under licensed instructors nor to public aircraft of the federal government or of a state, territory or political subdivision thereof, or to aircraft licensed by a foreign government with which the United States has a reciprocal agreement covering the operation of such licensed aircraft. Sec. 12.32.210. - Vehicular traffic. A. All vehicular traffic shall be confined to the roads, streets, avenues and alleys provided on the grounds for that purpose, and shall operate at posted speeds. If not posted, the speed limit on airport streets is 25 miles per hour. The maximum speed limit for all vehicles in the airside area, with the exception of authorized municipal vehicles in the performance their official duties, is 15 miles per hour, unless posted otherwise. B. Vehicles should make use of the service roads on the east side of the hangar buildings when proceeding to individual hangars or business locations on the airport. The ramp area is restricted to aircraft, fuel trucks, and airport maintenance vehicles only, except for tenants proceeding to assigned tie-downs occupied by their owned aircraft. C. No person shall use at the airport any vehicle not licensed or otherwise permitted by state law for operation on a public street or highway. This section does not pertain to City/County vehicles or vehicles used solel y for tugging, marshaling, or refueling aircraft. On a case-b y-case basis, and with the prior written approval of the Airport Manager, other modes of transportation may be used on the airport. D. All vehicles shall yield right of way to aircraft in motion and emergency vehicles. E. No vehicle shall approach closer than one hundred (100) feet to any aircraft whose engines are running, excluding ground service and emergency vehicles. Page 100 of 152 {00009362 / v10 / / AIRPORT / ORD / 04/06/2017} F. All vehicles, upon entering or exiting a closed airport access gate, shall wait for the gate to completel y close behind them before proceeding to their destination so as to not allow the entr y of an unauthorized vehicle. G. No v ehicle shall be operated on the Runways or Taxiways unless so authorized by the Airport Manager or Control Tower . H. Any vehicle authorized to operate on the Airport Runways or Taxiways shall display a rotating or flashing beacon that complies with FAA Advisor y Circular 150/5210-5B. I. All vehicles authorized to operate on Taxiwa ys or the Runways must carry a two-way aviation radio, and must receive clearance from, and remain in continuous communications with, the Airport Traffic Control Tower (ATCT) should one be active. Regardless whether an ATCT is active, any vehicle authorized to access the Taxiways or Runways is required to monitor 119.125, the ground frequency for the airport; and 120.225, the tower frequency and have the ability to communicate with aircraft via a two- way aviation radio. J. The Airport Manager may cause to be removed from any area of the airport any vehicle which is disabled, abandoned, parked in violation of these Regulations, or which presents an operational problem to any area of the airport, at the operator’s expense and without liability for damage which may result in the course of such movement. K. Motor homes, boats, and recreational vehicles shall not be stored anywhere on the airport unless specifically authorized by City. L. Parking Restrictions. No person shall park or leave any vehicle standing, except within a designated parking area. Aircraft owners and operators may park their vehicle in covered aircraft hangars designated for their aircraft, provided the vehicle is parked so as to be completel y contained in the aircraft hangar and not obstruct adjacent areas or Taxilanes. Hangar tenants may temporarily park their vehicles immediately outside their hangar, but may not leave them unattended, even for a short time. Such vehicles shall be expeditiously moved to allow passage of taxiing aircraft when clearance is required. M. Vehicle Repair. No person shall clean or make any repairs to vehicles anywhere on the airport, other than in designated shop areas, except those minor repairs necessary to remove such vehicles from the airport. Sec. 12.32.220. - Aircraft ground operations. A. Tie-down or Securing of Aircraft 1) All Aircraft not hangered shall be tied down or secured when unattended, at night or during inclement weather. Page 101 of 152 {00009362 / v10 / / AIRPORT / ORD / 04/06/2017} 2) It is the responsibility of the pilot when leaving a parked aircraft unattended to ensure that the brakes are set or that the aircraft is properly chocked or tied down. B. Running aircraft engines. 1) No engine shall be run unless a competent operator is at the controls of the aircraft; and no engine shall be run inside any hangar or building. 2) No engine shall be run unless the aircraft is in such position that the propeller stream will clear all buildings and groups of people in the observation areas and path of the aircraft. 3) If not equipped with adequate brakes, the engine shall not be started in an aircraft unless the wheels have been set with blocks attached to ropes or other suitable means for removing them. 4) Pilots are prohibited from loading or unloading their aircraft, or emplaning/deplaning an aircraft with the engine running. 5) Aircraft engines shall only be run at idle when on the ground, except as may be necessary for safe taxiing operations, taking off, landing, preflight testing, and m aintenance testing. 6) All aircraft preflight engine run-ups shall be conducted in the appropriate run-up areas. C. Taxiing aircraft. 1) Aircraft will be taxied at a safe and prudent speed, and in such manner as to be under the control of the pilot at all times. 2) No aircraft equipped with an anti-collision beacon shall start before such beacon has been activated. 3) During the hours the control tower is in operation, all taxi operations in the movement areas will be as directed by Air Traffic Control instruction. After hours, aircraft shall communicate desired movements on Common Traffic Advisory frequency. D. Parking aircraft. 1) Aircraft shall not be parked in a movement area, within 400 feet of any part of the landing or take-off area of the airport, or in such a manner as to hinder the normal maneuvering or operation of other aircraft unless specifically authorized by the airport manager as an emergency measure. Page 102 of 152 {00009362 / v10 / / AIRPORT / ORD / 04/06/2017} 2) All Aircraft shall be parked in the areas designated for this purpose by the Airport Manager. 3) Any aircraft parked in violation of this section, that presents an operational or safet y concern in any area of the airport, shall be moved on order of the Airport Manager at owner’s expense. The City shall not be liable for any damages that may result from the relocation of the aircraft. 4) Any person who parks an aircraft in a transient aircraft parking and storage area shall remit to the Airport Manager or FBO any applicable transient parking fees, as approved by the City. E. Disabled and non-airworthy aircraft. 1) Aircraft owners and operators shall promptly remove disabled aircraft and parts thereof, unless directed by the Airport Manager or the FAA or the National Transportation Safety Board to delay such removal pending an investigation of an accident. In the event of failure to promptly remove such disabled aircraft, the Airport Manager may cause the aircraft to be removed and bill the owners for applicable costs. The City shall not be responsible for damage to disabled aircraft removed by the owner, the operator, or other persons. 2) Non-airworthy aircraft are not permitted to be stored outside a hangar. 3) In the event of failure to promptly remove such non-airworthy or abandoned aircraft, the Airport Manager may cause the aircraft to be removed and bill the owners thereof for all charges incurred in the removal. The City shall not be responsible for damage to non-airworthy or abandoned aircraft removed by the owner, the operator, or other persons. 4) Airport Manager can use log books and inspection of airplane to determine airworthiness. F. Aircraft washing. To comply with the Airport's Storm Water Pollution Prevention Plan (SWPPP), aircraft may only be washed at the Airport wash rack except those aircraft washed on designated paved portions of the ramps of Fixed-Base Operator's that are co- permittees with the City of Georgetown. Wash racks shall be used for purposes of washing and polishing aircraft, and any other purpose approved by the Airport Manager. Washing/cleaning materials and run-off shall be used and disposed of in compliance with all applicable federal, state, county and local laws and regulations. Page 103 of 152 {00009362 / v10 / / AIRPORT / ORD / 04/06/2017} G. Aircraft repairs. 1) No aircraft shall be repaired on any part of the landing or take-off area, and all repairs shall be made at the places designated by the Airport Manager for such purpose. 2) No aircraft engine maintenance testing will be performed where the exhaust or propeller blast may cause injur y to persons, or do damage to property, or spread debris. City may require repair facility to install Blast Deflectors to prevent injury to persons or damage to property. Aircraft engine maintenance testing above 80% power will only be accomplished at the run-up area for Runway 36 or on Taxiway K or in locations designated by Airport Manager. Engine maintenance testing below 80% power performed in the vicinity of any hangar must be approved by the Airport Manager. At no time will an engine be operated above 80% power in vicinity of hangar or taxiing airplanes. Sec. 12.32.230. - Aircraft landing and takeoff operations. During the hours the control tower is in operation, pilots must abide by Air Traffic Control (ATC) instructions. During hours when ATC is not available, the following procedures apply. Pilots are governed by those regulations promulgated by the FAA and additionally are requested to observe the procedures set forth in the Aeronautical Information Manual and Airport Fly Friendly Program. Information from the Fly Friendly Program is available on the City web site. A. Take-offs, landing with calm winds. Runway 18/36 is designated as the calm wind runway. B. Take-offs, landings on apron, parking ramp prohibited, exception. No take-offs or landings shall be made on the apron or parking ramp, except under instructions from ATC. C. Take offs, landing over certain objects prohibited or restricted. No aircraft, except helicopters, shall land or take off in such a manner as to clear any public street or highway at an altitude of less than 100 feet nor land or take off on the taxiway or any turf area or over hangars, or other structures, automobile parking areas or groups of spectators. D. Stop and go landings and take-offs. Stop and go operations are permitted as long as they do not present an excessive (over one minute) delay to other aircraft operating in the traffic pattern. Not more than three stop and go operations will be conducted in succession. E. Traffic pattern elevation. Traffic pattern altitude for small piston airplanes is 800 to 1,000 feet above ground level (AGL). Traffic pattern altitude for jet airplanes is 1500 feet AGL. F. Take-off climb. On take-off, all aircraft should climb straight out to a level of 800 feet AGL, clear the airport boundary and execute either a 90 degree turn to the left or right entering the traffic pattern, or a straight out departure. G. Traffic flow. Page 104 of 152 {00009362 / v10 / / AIRPORT / ORD / 04/06/2017} 1. All aircraft landing at the Airport should fly a standard left hand traffic pattern when the favored runway is 11 or 18; or a right hand traffic pattern when the favored runway is 29 or 36.. 2. Aircraft entering the traffic pattern shall exercise caution and practice courtesy so as not to cause aircraft already in the pattern to deviate from their course. Sec. 12.32.240. - Special traffic procedures. The Airport Manager may, in the interest of safety, designate special traffic procedures for certain operations, such as air shows, agricultural operations, flying club operations, etc. Sec. 12.32.250. - Agricultural operations. Agricultural spraying operations, if authorized, will be conducted in accordance with procedures approved by the Airport Manager and only from the areas designed on the airport. Sec. 12.32.260. - Student training and familiarization. A. Aircraft shall not be permitted to remain stationary on the landing or take-off areas for the purpose of instructing students. Such in-the-cockpit instruction will be given after the aircraft clears the active runway, and is in a location where the aircraft does not present an obstruction to other aircraft operations. Sec. 12.32.270. - Helicopter operations. During the hours the control tower is in operation, helicopters must abide by Air Traffic Control instructions. After hours, the following procedures apply: A. Helicopters shall at all times maintain clear separation from other traffic and operations. All taxi operations shall be conducted with vigilance and shall be conducted at a safe distance from all structures, obstructions, and persons, specifically taking into consideration the effect of downwash and noise. C. Training exercises shall be conducted west of Runway 18/36 in the vicinity of the Taxiway J. All operations will be under guidance of Air Traffic Control Tower. Sec. 12.32.280. - Flying clubs. Flying clubs desiring to base their aircraft and operate on the airport must comply with the applicable provisions of the Minimum Standards and these Regulations. They shall be exempt from the regular fixed base operator and/or commercial operator requirements upon satisfactory fulfillment of the conditions contained herein. Page 105 of 152 {00009362 / v10 / / AIRPORT / ORD / 04/06/2017} A. The club shall be a nonprofit entity (corporation, association or partnership) organized for the express purpose of providing its members with aircraft for their personal use and enjoyment only. The ownership of the aircraft must be vested in the name of the flying club (or owned proportionately by all of its members). B. Flying clubs may not offer or conduct charter, air taxi, or rentals of aircraft operations. They may not conduct aircraft flight instruction except for regular members, and only members of the flying club may act as pilot in command of the aircraft except when receiving dual instruction. C. All flying clubs and their members are prohibited from leasing or selling any goods or services whatsoever to any person or firm other than a member of such club at the airport except that said flying club may sell or exchange its capital equipment. D. Flying clubs, with its permit request, shall furnish the Airport Manager with: 1. A copy of its charter and by-laws, articles of association, partnership agreement and other documentation supporting its existence; 2. A roster, or list of members, including names of officers and directors, and investment share held by each member to be revised on a semi-annual basis; 3. Evidence of insurance in the form of a certificate of insurance as set out in the minimum standards under exempt flying clubs; 4. Number and type of aircraft; including registration numbers of each; 5. Evidence that ownership is vested in the club; 6. Operating rules of the club. E. The club's books shall be subject to audit by the City of Georgetown and/or its auditors to ensure of the non-profitability of the club. F. Commercial flying clubs require approval from City to operate as a Specialized Aviation Services Operator (SASO). Commercial flying clubs are described as those entities engaged in the ownership or lease of aircraft and providing flying services for its members and others but which do not meet the rigid requirements established for not-for-profit clubs. Commercial flying clubs shall have at least one tie-down or adequate hangar space leased from the airport owner or FBO for each owned or leased aircraft. Page 106 of 152 {00009362 / v10 / / AIRPORT / ORD / 04/06/2017} ARTICLE III. - LEASING Sec. 12.32.300. - Lease provision and restrictions. The following provision/restrictions shall apply to all leased Airport property. A. No leases will exceed periods of 30 years. B. Any private structure or hangar not in use for aviation purposes for a period in excess of three months, or not available for rent or sublease for aviation purposes, unless so authorized by the City, must be removed after due notice is given in writing. If not removed, the City will consider such structures or hangars abandoned and title will pass to the City. C. Leased land from which any building, hangar, or structure is removed after due notice will be cleaned and returned to good condition by the owner of said building, hangar, or structure. Portable and temporary building will not be allowed on airport grounds, unless they are necessary for construction projects. D. Leased property on the airport may be subleased by the lessee only with approval by the Airport Manager, or the City Council if appropriate. E. No structures may be erected beyond the building restriction line or in conflict with the approved Airport Master Plan/Airport Layout Plan. F. All construction must be authorized by the City Council and must be a compatible standard capable of withstanding winds of 80 mph, with doors open or closed. G. All structures must comply with all applicable regulations including building codes adopted by the City of Georgetown, the City Code of Ordinances, Unified Development Code, and Airport Planned Unit Development Guidelines H. Storage of non-aviation vehicles or equipment in a private hangar, or conducting non- aviation business in any structure is prohibited unless approved by the Airport Manager. Under no circumstances, whether approved or not, will the City be liable for damage or destruction of any vehicles or equipment. I. All tenants must comply with applicable requirements of the airport's Minimum Standards. J. All commercial operations or activities of any kind which are conducted on Airport are required to comply with the approved Minimum Standards for airport operators. K. Non-commercial leases are prohibited from being used to engage in commercial activity on Airport. Page 107 of 152 {00009362 / v10 / / AIRPORT / ORD / 04/06/2017} Sec. 12.32.310. - City-owned hangars. A. T-hangars owned by the City may be rented to private individuals, companies or corporations on a monthly basis for the storage of aircraft and required aircraft support items. T-hangars will be rented at rates established by the City. Only the aircraft listed on the T-hanger or tie down lease may be stored or parked at the location. B. Preventive aircraft maintenance may be conducted on the aircraft listed on the lease pursuant to other applicable regulations. C. Box hangars currently constructed and owned by the city may be rented or leased for the purpose of conducting aviation activities. Box hangars will be rented at rates established by the City. D. Rents will be paid by the first day of the month, with the first month's rent paid in advance. E. Hangars will not be modified from their original state unless authorized by the Airport Manager. F. The Airport Manager will be authorized to enter into month to month leases meeting the terms and conditions of these Regulations. G. Oily rags, oil wastes, rags and other rubbish and trash ma y only be stored in containers with self-closing, tight-fitting lids as approved by the Airport Manager. H. Airport hangars shall be subject to inspections by the Airport Manager and City Fire Department to ensure compliance with all laws, ordinances and this Code. Sec. 12.32.320. - Self services. A. Persons are permitted to wash, repair, or otherwise service their own aircraft, provided there is no attempt to perform such services for others and further provided that such right is conditioned upon compliance with these Regulations and all applicable laws. B. An aircraft owner or lessee may hire an individual or a technical specialist to provide, under his direction and supervision, services only on the owner’s aircraft. C. An aircraft owner or lessee must ensure any individual or technical specialist placed under hire meets the City Minimum Insurance requirements and have approval from City to provide services on the airport. Page 108 of 152 City of Georgetown, Texas Transportation Advisory Board August 11, 2017 SUBJECT: Cons id eration and p o s s ib le rec o mmendation to approve the First Amend ment to the F acility Lease Agreement with Wo o d Aviatio n, Inc. – Rus s Volk, C.M., Airport Manager and Oc tavio A. Garza, P.E., C.P.M, Pub lic Works Directo r ITEM SUMMARY: Wo o d Aviation, Inc . d b a Aerojet Center LLC has a fac ility lease o n the Geo rgeto wn Munic ip al Airport for the hangars lo c ated at 221 S tearman Drive, G eo rgeto wn Texas. This leas e expired o n July 31, 2017. A p ro vision in the fac ility lease allo ws fo r a month to month c o ntinuation until a new leas e or leas e extens ion is executed. Wo o d Aviation has exp res s ed a d es ire to remain at this c urrent lo catio n and exec ute an ad d itional two year leas e extens ion with the City. Fac tors involving to the o ther airport Fixed-Bas e Operato rs (F BOs ). 1. Leas e negotiations with GAABT /GTU Jet res ulted with a newly executed land leas e. GAABT is no w actively attempting to s ell this FBO. 2. Longho rn Jet Center is actively fo r s ale. In ad d ition to two of the three current FBOs b eing for s ale, the c urrent Airport Improvement c o nstruc tion p ro ject is s everal months behind s ched ule whic h is affec ting airp o rt b usines s . This leas e extens ion will allow time to fully evaluate the FBO s ituation as well as allo w airp o rt o p erations to return to a mo re s tab le s ituatio n fo llo wing co mp letion of the c o nstruc tion p ro jec t. STAFF RECOMMENDATION : Staff Recommends ap p ro val o f this extensio n. FINANCIAL IMPACT: N/A SUBMITTED BY: Rus s Vo lk, C.M., Airport Manager ATTACHMENTS: Description Type Wood Aviation Firs t Amendment Backup Material Page 109 of 152 ___________________________________________________________________________________ 1 FIRST AMENDMENT TO FACILITY LEASE AGREEMENT This is the First Amendment to the Facility Lease Agreement (“First Amendment”) made and entered into by and between the City of Georgetown, as owner of the Georgetown Municipal Airport, (“City” or “Lessor”) Wood Aviation, Inc. (“Lessee”). WHEREAS, on August 1, 2016, the City and Lessee entered into an Facility Lease Agreement (“Agreement”); and WHEREAS, the Parties desire to amend this Agreement to extend the initial term of the Agreement. NOW THEREFORE, in consideration for the mutual benefits to be derived by the Parties from this First Amendment and other good and valuable consideration, the receipt and sufficiency of which Lessee and the City acknowledge Lessee and the City agree as follows: 1. Section 1.1 of the Agreement is hereby amended to provide as follows: The initial term of this Agreement shall commence at 12:01 a.m. on August 1, 2016, and expire at 11:59 p.m. on July 31, 2019 (the “Initial Term”), unless sooner terminated in accordance with this Agreement. Upon the expiration of the Initial Term of this Agreement, this Agreement may be extended on a month-to-month basis for up to six months on the same terms and conditions, upon agreement of the Parties. 2. Except as expressly modified by this First Amendment, the Agreement remains unchanged and in full force and effect, subject to its terms. 3. This First Amendment may be executed in multiple counterparts, each of which shall be deemed an original. 4. This Amendment is effective on the date this Amendment is signed by both Parties. (Signature page follows) Page 110 of 152 ___________________________________________________________________________________ 2 CITY OF GEORGETOWN, TEXAS Dale Ross, Mayor _______________________________ Date ATTEST: Shelley Nowling, City Secretary APPROVED AS TO FORM: Charlie McNabb, City Attorney LESSEE: By: ________________________________ Title: ______________________________ Date: ______________________________ Page 111 of 152 City of Georgetown, Texas Transportation Advisory Board August 11, 2017 SUBJECT: Disc ussion and p o s s ib le rec o mmendatio n to C o uncil fo r the ap p ro val o f an Ad vanced Funding Agreement (AFA) with T xDOT for the F M 971 Realignment fro m No rth Aus tin Avenue to Gann Street -- Ed ward G. Polasek, AICP, Trans portation P lanning Coordinator ITEM SUMMARY: The FM 971 realignment to matc hup to the future No rthwest Boulevard Bridge extens io n o f IH 35 has b een in d es ign and right-of-way p ro cess s inc e 2009. With the p as s age o f the 2015 Road Bo nd Program, the ab ility to ac quire R OW and c o nstruc t the Northwes t Bo ulevard Bridge portion of the projec t b ecame a reality, and the F M 971 projec t is ready to pro c eed to cons tructio n to matc h up to Bridge P ro ject. In o rd er for TxDOT to s p end fund s or o ther res o urc es on a trans p o rtatio n projec t with a loc al government, b o th parties mus t firs t exec ute a written contrac t which is called an Advanc e F und ing Agreement (AFA). In an AFA TxDOT and the loc al go vernment alloc ate partic ipatio n in the develo p ment and cons truction of the projec t. An AFA is need ed for the F M 971 realignment s ince the City of Geo rgeto wn is realigning a TxDOT ro ad way and working within TxDOT right-of-way. STAFF RECOMMENDATION: GTAB recommendatio n o f approval of the Res olution and the AFA for the FM 971 realignment to City Counc il. FINANCIAL IMPACT: FINANCIAL IMPACT: Per the AFA the City will p ay TxDOT $3,293,000 prior to cons tructio n o f the projec t, and TxDOT will ad minister c ons truc tio n. T he City was ab le to nego tiate S tate P artic ip ation fo r Direct and Ind irect cons tructio n adminis tratio n cost, where we have paid tho s e fees in the past. SUBMITTED BY: Edward G. Polas ek, AICP, Trans p o rtatio n P lanning C o o rd inato r ATTACHMENTS: Description Type TxDOT AFA FM 971 Exhibit Res olution Authorizing FM 971 s ignature Res olution Letter Page 112 of 152 CSJ #2690-01-037 District #14 AUS Code Chart 64 #16000 Project: FM 971 Realignment Federal Highway Administration CFDA Title: Highway Planning & Construction CFDA No.: 20.205 Not Research and Development AFA-AFA_LongGen Page 1 of 14 Revised 10/18/2016 STATE OF TEXAS § COUNTY OF TRAVIS § ADVANCE FUNDING AGREEMENT For A Locally Funded Highway Improvement Project On-System THIS AGREEMENT is made by and between the State of Texas, acting by and through the Texas Department of Transportation called the “State”, and the City of Georgetown, acting by and through its duly authorized officials, called the “Local Government.” WITNESSETH WHEREAS, federal law establishes federally funded programs for transportation improvements to implement its public purposes; and WHEREAS, the Texas Transportation Code, Sections 201.103 and 222.052 establish that the State shall design, construct and operate a system of highways in cooperation with local governments; and WHEREAS, federal and state laws require local governments to meet certain contract standards relating to the management and administration of State and federal funds; and WHEREAS, the Texas Transportation Commission passed Minute Order Number 114670, authorizing the State to undertake and complete a highway improvement generally described as the upgrade of FM 971 to a 4-lane urban section from SS 158 to Gann Street/River Haven Drive called the “Project”; and, WHEREAS, the Governing Body of the Local Government has approved entering into this agreement by resolution or ordinance dated ______________, 20__, which is attached to and made a part of this agreement as Attachment “A” for the improvement covered by this agreement. A map showing the Project location appears in Attachment “B,” which is attached to and made a part of this agreement. NOW, THEREFORE, in consideration of the premises and of the mutual covenants and agreements of the parties, to be by them respectively kept and performed as set forth in this agreement, it is agreed as follows: Page 113 of 152 CSJ #2690-01-037 District #14 AUS Code Chart 64 #16000 Project: FM 971 Realignment Federal Highway Administration CFDA Title: Highway Planning & Construction CFDA No.: 20.205 Not Research and Development AFA-AFA_LongGen Page 2 of 14 Revised 10/18/2016 AGREEMENT 1. Period of the Agreement This agreement becomes effective when signed by the last party whose signing makes the agreement fully executed. This agreement shall remain in effect until the Project is completed or unless terminated as provided below. 2. Scope of Work The upgrade of FM 971 to a 4-lane urban section from SS 158, Austin Avenue, to Gann Street/River Haven Drive, Georgetown, Texas, as shown on Attachment "B". 3. Local Project Sources and Uses of Funds A. The total estimated cost of the Project is shown in the Project Budget – Attachment “C”, which is attached to and made a part of this agreement. The expected cash contributions from the Federal or State government, the Local Government, or other parties are shown in Attachment “C”. The State will pay for only those project costs that have been approved by the Texas Transportation Commission. The State and the Federal Government will not reimburse the Local Government for any work performed before the federal spending authority is formally obligated to the Project by the Federal Highway Administration. After federal funds have been obligated, the State will send to the Local Government a copy of the formal documentation showing the obligation of funds including federal award information. The Local Government is responsible for 100% of the cost of any work performed under its direction or control before the federal spending authority is formally obligated. B. If the Local Government will perform any work under this contract for which reimbursement will be provided by or through the State, the Local Government must complete training before federal spending authority is obligated. Training is complete when at least one individual who is working actively and directly on the Project successfully completes and receives a certificate for the course entitled Local Government Project Procedures and Qualification for the Texas Department of Transportation. The Local Government shall provide the certificate of qualification to the State. The individual who receives the training certificate may be an employee of the Local Government or an employee of a firm that has been contracted by the Local Government to perform oversight of the Project. The State in its discretion may deny reimbursement if the Local Government has not designated a qualified individual to oversee the Project. C. The Project cost estimate shows how necessary resources for completing the Project will be provided by major cost categories. These categories may include but are not limited to: (1) costs of real property; (2) costs of utility work; (3) costs of environmental assessment and remediation; (4) cost of preliminary engineering and design; (5) cost of construction and construction management; and (6) any other local project costs. D. The State will be responsible for securing the Federal and State share of the funding required for the development and construction of the local Project. If the Local Government is due funds for expenses incurred, these funds will be reimbursed to the Local Government on a cost basis. E. The Local Government will be responsible for all non-federal or non-state participation costs associated with the Project, otherwise provided for in this agreement or approved otherwise in an amendment to this agreement. Where Special Approval has been granted Page 114 of 152 CSJ #2690-01-037 District #14 AUS Code Chart 64 #16000 Project: FM 971 Realignment Federal Highway Administration CFDA Title: Highway Planning & Construction CFDA No.: 20.205 Not Research and Development AFA-AFA_LongGen Page 3 of 14 Revised 10/18/2016 by the State, the Local Government shall only in that instance be responsible for overruns in excess of the amount to be paid by the Local Government. F. Prior to the performance of any engineering review work by the State, the Local Government will pay to the State the amount specified in Attachment C. At a minimum, this amount shall equal the Local Government’s funding share for the estimated cost of preliminary engineering for the Project. At least sixty (60) days prior to the date set for receipt of the construction bids, the Local Government shall remit its remaining financial share for the State’s estimated construction oversight and construction cost. G. Whenever funds are paid by the Local Government to the State under this agreement, the Local Government shall remit a check or warrant made payable to the “Texas Department of Transportation.” The check or warrant shall be deposited by the State and managed by the State. The funds may only be applied by the State to the Project. H. Upon completion of the Project, the State will perform an audit of the Project costs. Any funds due by the Local Government, the State, or the Federal government will be promptly paid by the owing party. If after final Project accounting any excess funds remain, those funds may be applied by the State to the Local Government’s contractual obligations to the State under another advance funding agreement with approval by appropriate personnel of the Local Government. I. The State will not pay interest on any funds provided by the Local Government. J. If a waiver has been granted, the State will not charge the Local Government for the indirect costs the State incurs on the local Project, unless this agreement is terminated at the request of the Local Government prior to completion of the Project. K. If the Project has been approved for a specified percentage or a “periodic payment” non- standard funding or payment arrangement under 43 TAC §15.52, the budget in Attachment C will clearly state the specified percentage or the periodic payment schedule. L. If the Local government is an Economically Disadvantaged County (EDC) and if the State has approved adjustments to the standard financing arrangement, this agreement reflects those adjustments. M. When Special Approval has been granted by the State so that the Local Government bears the responsibility for paying cost overruns, the Local Government shall make payment to the State within thirty (30) days from the receipt of the State’s written notification of those amounts. N. The state auditor may conduct an audit or investigation of any entity receiving funds from the State directly under this contract or indirectly through a subcontract under this contract. Acceptance of funds directly under this contract or indirectly through a subcontract under this contract acts as acceptance of the authority of the state auditor, under the direction of the legislative audit committee, to conduct an audit or investigation in connection with those funds. An entity that is the subject of an audit or investigation must provide the state auditor with access to any information the state auditor considers relevant to the investigation or audit. O. Payment under this contract beyond the end of the current fiscal biennium is subject to availability of appropriated funds. If funds are not appropriated, this contract shall be terminated immediately with no liability to either party. P. The Local Government is authorized to submit requests for reimbursement by submitting the original of an itemized invoice in a form and containing all items required by the State Page 115 of 152 CSJ #2690-01-037 District #14 AUS Code Chart 64 #16000 Project: FM 971 Realignment Federal Highway Administration CFDA Title: Highway Planning & Construction CFDA No.: 20.205 Not Research and Development AFA-AFA_LongGen Page 4 of 14 Revised 10/18/2016 no more frequently than monthly, and no later than ninety (90) days after costs are incurred. If the Local Government submits invoices more than ninety (90) days after the costs are incurred, and if federal funding is reduced as a result, the State shall have no responsibility to reimburse the Local Government for those costs. Q. The State will not execute the contract for the construction of the Project until the required funding has been made available by the Local Government in accordance with this agreement. 4. Termination of this Agreement This agreement shall remain in effect until the project is completed and accepted by all parties, unless: A. The agreement is terminated in writing with the mutual consent of the parties; B. The agreement is terminated by one party because of a breach, in which case any cost incurred because of the breach shall be paid by the breaching party; C. The Local Government elects not to provide funding after the completion of preliminary engineering, specifications, and estimates (PS&E) and the Project does not proceed because of insufficient funds, in which case the Local Government agrees to reimburse the State for its reasonable actual costs incurred during the Project; or D. The Project is inactive for thirty-six (36) months or longer and no expenditures have been charged against federal funds, in which case the State may in its discretion terminate this agreement. 5. Amendments Amendments to this agreement due to changes in the character of the work, terms of the agreement, or responsibilities of the parties relating to the Project may be enacted through a mutually agreed upon, written amendment. 6. Remedies This agreement shall not be considered as specifying the exclusive remedy for any agreement default, but all remedies existing at law and in equity may be availed of by either party to this agreement and shall be cumulative. 7. Utilities The Local Government shall be responsible for the adjustment, removal, or relocation of utility facilities in accordance with applicable State laws, regulations, rules, policies, and procedures, including any cost to the State of a delay resulting from the Local Government’s failure to ensure that utility facilities are adjusted, removed, or relocated before the scheduled beginning of construction. The Local Government will not be reimbursed with federal or state funds for the cost of required utility work. The Local Government must obtain advance approval for any variance from established procedures. Before a construction contract is let, the Local Government shall provide, at the State’s request, a certification stating that the Local Government has completed the adjustment of all utilities that must be adjusted before construction is completed. Page 116 of 152 CSJ #2690-01-037 District #14 AUS Code Chart 64 #16000 Project: FM 971 Realignment Federal Highway Administration CFDA Title: Highway Planning & Construction CFDA No.: 20.205 Not Research and Development AFA-AFA_LongGen Page 5 of 14 Revised 10/18/2016 8. Environmental Assessment and Mitigation Development of a transportation project must comply with the National Environmental Policy Act and the National Historic Preservation Act of 1966, which require environmental clearance of federal-aid projects. A. The Local Government is responsible for the identification and assessment of any environmental problems associated with the development of a local project governed by this agreement. B. The Local Government is responsible for the cost of any environmental problem’s mitigation and remediation. C. The Local Government is responsible for providing any public meetings or public hearings required for development of the environmental assessment. Public hearings will not be held prior to the approval of project schematic. D. The Local Government is responsible for the preparation of the NEPA documents required for the environmental clearance of this Project. E. Before the advertisement for bids, the Local Government shall provide to the State written documentation from the appropriate regulatory agency or agencies that all environmental clearances have been obtained. 9. Compliance with Texas Accessibility Standards and ADA All parties to this agreement shall ensure that the plans for and the construction of all projects subject to this agreement are in compliance with the Texas Accessibility Standards (TAS) issued by the Texas Department of Licensing and Regulation, under the Architectural Barriers Act, Article 9102, Texas Civil Statutes. The TAS establishes minimum accessibility requirements to be consistent with minimum accessibility requirements of the Americans with Disabilities Act (P.L. 101-336) (ADA). 10. Architectural and Engineering Services The Local Government has responsibility for the performance of architectural and engineering services. The engineering plans shall be developed in accordance with the applicable State’s Standard Specifications for Construction and Maintenance of Highways, Streets and Bridges and the special specifications and special provisions related to it. For projects on the state highway system, the design shall, at a minimum conform to applicable State manuals. For projects not on the state highway system, the design shall, at a minimum, conform to applicable American Association of State Highway and Transportation Officials design standards. In procuring professional services, the parties to this agreement must comply with federal requirements cited in 23 CFR Part 172 if the project is federally funded and with Texas Government Code 2254, Subchapter A, in all cases. Professional contracts for federally funded projects must conform to federal requirements, specifically including the provision for participation by Disadvantaged Business Enterprises (DBEs), ADA, and environmental matters. 11. Construction Responsibilities A. The State shall advertise for construction bids, issue bid proposals, receive and tabulate the bids, and award and administer the contract for construction of the Project. Administration of the contract includes the responsibility for construction engineering and for issuance of any change orders, supplemental agreements, amendments, or additional Page 117 of 152 CSJ #2690-01-037 District #14 AUS Code Chart 64 #16000 Project: FM 971 Realignment Federal Highway Administration CFDA Title: Highway Planning & Construction CFDA No.: 20.205 Not Research and Development AFA-AFA_LongGen Page 6 of 14 Revised 10/18/2016 work orders that may become necessary subsequent to the award of the construction contract. In order to ensure federal funding eligibility, projects must be authorized by the State prior to advertising for construction. B. The State will use its approved contract letting and award procedures to let and award the construction contract. C. Upon completion of the Project, the party constructing the Project will issue and sign a “Notification of Completion” acknowledging the Project’s construction completion. D. For federally funded contracts, the parties to this agreement will comply with federal construction requirements cited in 23 CFR Part 635 and with requirements cited in 23 CFR Part 633, and shall include the latest version of Form “FHWA-1273” in the contract bidding documents. If force account work will be performed, a finding of cost effectiveness shall be made in compliance with 23 CFR 635, Subpart B. 12. Project Maintenance The Local Government shall be responsible for maintenance of locally owned roads after completion of the work and the State shall be responsible for maintenance of state highway system after completion of the work if the work was on the state highway system, unless otherwise provided for in existing maintenance agreements with the Local Government. 13. Right of Way and Real Property A. Right of way and real property acquisition shall be the responsibility of the Local Government. Title to right of way and other related real property must be acceptable to the State before funds may be expended for the improvement of the right of way or real property. B. If the Local Government is the owner of any part of the Project site under this agreement, the Local Government shall permit the State or its authorized representative access to occupy the site to perform all activities required to execute the work. C. All parties to this agreement will comply with and assume the costs for compliance with all the requirements of Title II and Title III of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, Title 42 U.S.C.A. Section 4601 et seq., including those provisions relating to incidental expenses incurred by the property owners in conveying the real property to the Local Government, and benefits applicable to the relocation of any displaced person as defined in 49 CFR Section 24.2(g). Documentation to support such compliance must be maintained and made available to the State and its representatives for review and inspection. D. The Local Government shall assume all costs and perform necessary requirements to provide any necessary evidence of title or right of use in the name of the Local Government to the real property required for development of the Project. The evidence of title or rights shall be acceptable to the State, and be free and clear of all encroachments. The Local Government shall secure and provide easements and any needed rights of entry over any other land needed to develop the Project according to the approved Project plans. The Local Government shall be responsible for securing any additional real property required for completion of the Project. E. In the event real property is donated to the Local Government after the date of the State’s authorization, the Local Government will provide all documentation to the State regarding fair market value of the acquired property. The State will review the Local Government’s Page 118 of 152 CSJ #2690-01-037 District #14 AUS Code Chart 64 #16000 Project: FM 971 Realignment Federal Highway Administration CFDA Title: Highway Planning & Construction CFDA No.: 20.205 Not Research and Development AFA-AFA_LongGen Page 7 of 14 Revised 10/18/2016 appraisal, determine the fair market value and credit that amount towards the Local Government’s financial share. If donated property is to be used as a funding match, it may not be provided by the Local Government. The State will not reimburse the Local Government for any real property acquired before execution of this agreement and the obligation of federal spending authority. F. The Local Government shall prepare real property maps, property descriptions, and other data as needed to properly describe the real property and submit them to the State for approval prior to the Local Government acquiring the real property. Tracings of the maps shall be retained by the Local Government for a permanent record. G. The Local Government agrees to make a determination of property values for each real property parcel by methods acceptable to the State and to submit to the State a tabulation of the values so determined, signed by the appropriate Local Government representative. The tabulations shall list the parcel numbers, ownership, acreage and recommended compensation. Compensation shall be shown in the component parts of land acquired, itemization of improvements acquired, damages (if any) and the amounts by which the total compensation will be reduced if the owner retains improvements. This tabulation shall be accompanied by an explanation to support the determined values, together with a copy of information or reports used in calculating all determined values. Expenses incurred by the Local Government in performing this work may be eligible for reimbursement after the Local Government has received written authorization by the State to proceed with determination of real property values. The State will review the data submitted and may base its reimbursement for parcel acquisitions on these values. H. Reimbursement for real property costs will be made to the Local Government for real property purchased in an amount not to exceed eighty percent (80%) of the cost of the real property purchased in accordance with the terms and provisions of this agreement. Reimbursement will be in an amount not to exceed eighty percent (80%) of the State’s predetermined value of each parcel, or the net cost of the parcel, whichever is less. In addition, reimbursement will be made to the Local Government for necessary payments to appraisers, expenses incurred in order to assure good title, and costs associated with the relocation of displaced persons and personal property as well as incidental expenses. I. If the Project requires the use of real property to which the Local Government will not hold title, a separate agreement between the owners of the real property and the Local Government must be executed prior to execution of this agreement. The separate agreement must establish that the Project will be dedicated for public use for a period of not less than 10 (ten) years after completion. The separate agreement must define the responsibilities of the parties as to the use of the real property and operation and maintenance of the Project after completion. The separate agreement must be approved by the State prior to its execution. A copy of the executed agreement shall be provided to the State. 14. Notices All notices to either party shall be delivered personally or sent by certified or U.S. mail, postage prepaid, addressed to that party at the following address: Page 119 of 152 CSJ #2690-01-037 District #14 AUS Code Chart 64 #16000 Project: FM 971 Realignment Federal Highway Administration CFDA Title: Highway Planning & Construction CFDA No.: 20.205 Not Research and Development AFA-AFA_LongGen Page 8 of 14 Revised 10/18/2016 Local Government: Mayor City of Georgetown P.O. Box 409 Georgetown, Texas 78627 State: Director of Contract Services Texas Department of Transportation 125 E. 11th Street Austin, Texas 78701 All notices shall be deemed given on the date delivered in person or deposited in the mail, unless otherwise provided by this agreement. Either party may change the above address by sending written notice of the change to the other party. Either party may request in writing that notices shall be delivered personally or by certified U.S. mail, and that request shall be carried out by the other party. 15. Legal Construction If one or more of the provisions contained in this agreement shall for any reason be held invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provisions and this agreement shall be construed as if it did not contain the invalid, illegal, or unenforceable provision. 16. Responsibilities of the Parties The State and the Local Government agree that neither party is an agent, servant, or employee of the other party and each party agrees it is responsible for its individual acts and deeds as well as the acts and deeds of its contractors, employees, representatives, and agents. 17. Ownership of Documents Upon completion or termination of this agreement, all documents prepared by the State shall remain the property of the State. All data prepared under this agreement shall be made available to the State without restriction or limitation on their further use. All documents produced or approved or otherwise created by the Local Government shall be transmitted to the State in the form of photocopy reproduction on a monthly basis as required by the State. The originals shall remain the property of the Local Government. At the request of the State, the Local Government shall submit any information required by the State in the format directed by the State. 18. Compliance with Laws The parties shall comply with all federal, state, and local laws, statutes, ordinances, rules and regulations, and the orders and decrees of any courts or administrative bodies or tribunals in any manner affecting the performance of this agreement. When required, the Local Government shall furnish the State with satisfactory proof of this compliance. 19. Sole Agreement This agreement constitutes the sole and only agreement between the parties and supersedes any prior understandings or written or oral agreements respecting the agreement’s subject matter. Page 120 of 152 CSJ #2690-01-037 District #14 AUS Code Chart 64 #16000 Project: FM 971 Realignment Federal Highway Administration CFDA Title: Highway Planning & Construction CFDA No.: 20.205 Not Research and Development AFA-AFA_LongGen Page 9 of 14 Revised 10/18/2016 20. Cost Principles In order to be reimbursed with federal funds, the parties shall comply with the Cost Principles established in 2 CFR 200 that specify that all reimbursed costs are allowable, reasonable, and allocable to the Project. 21. Procurement and Property Management Standards The parties shall adhere to the procurement standards established in Title 49 CFR §18.36 and with the property management standard established in Title 49 CFR §18.32. 22. Inspection of Books and Records The parties to this agreement shall maintain all books, documents, papers, accounting records, and other documentation relating to costs incurred under this agreement and shall make such materials available to the State, the Local Government, and, if federally funded, the Federal Highway Administration (FHWA), and the U.S. Office of the Inspector General, or their duly authorized representatives for review and inspection at its office during the contract period and for four (4) years from the date of completion of work defined under this contract or until any impending litigation, or claims are resolved. Additionally, the State, the Local Government, and the FHWA and their duly authorized representatives shall have access to all the governmental records that are directly applicable to this agreement for the purpose of making audits, examinations, excerpts, and transcriptions. 23. Civil Rights Compliance A. Compliance with Regulations: The Local Government will comply with the Acts and the Regulations relative to Nondiscrimination in Federally-assisted programs of the U.S. Department of Transportation (USDOT), the Federal Highway Administration (FHWA), as they may be amended from time to time, which are herein incorporated by reference and made part of this agreement. B. Nondiscrimination: The Local Government, with regard to the work performed by it during the contract, will not discriminate on the grounds of race, color, or national origin in the selection and retention of subcontractors, including procurement of materials and leases of equipment. The Local Government will not participate directly or indirectly in the discrimination prohibited by the Acts and the Regulations, including employment practices when the contract covers any activity, project, or program set forth in Appendix B of 49 CFR Part 21. C. Solicitations for Subcontracts, Including Procurement of Materials and Equipment: In all solicitations either by competitive bidding or negotiation made by the Local Government for work to be performed under a subcontract, including procurement of materials or leases of equipment, each potential subcontractor or supplier will be notified by the Local Government of the Local Government’s obligations under this contract and the Acts and Regulations relative to Nondiscrimination on the grounds of race, color, or national origin. D. Information and Reports: The Local Government will provide all information and reports required by the Acts, the Regulations, and directives issued pursuant thereto, and will permit access to its books, records, accounts, other sources of information, and facilities as may be determined by the State or the FHWA to be pertinent to ascertain compliance with such Acts, Regulations or directives. Where any information required of the Local Government is in the exclusive possession of another who fails or refuses to furnish this information, the Page 121 of 152 CSJ #2690-01-037 District #14 AUS Code Chart 64 #16000 Project: FM 971 Realignment Federal Highway Administration CFDA Title: Highway Planning & Construction CFDA No.: 20.205 Not Research and Development AFA-AFA_LongGen Page 10 of 14 Revised 10/18/2016 Local Government will so certify to the State or the Federal Highway Administration, as appropriate, and will set forth what efforts it has made to obtain the information. E. Sanctions for Noncompliance: In the event of the Local Government's noncompliance with the Nondiscrimination provisions of this contract, the State will impose such contract sanctions as it or the FHWA may determine to be appropriate, including, but not limited to: a. withholding of payments to the Local Government under the contract until the Local Government complies and/or b. cancelling, terminating, or suspending of the contract, in whole or in part. F. Incorporation of Provisions: The Local Government will include the provisions of paragraphs (A) through (F) in every subcontract, including procurement of materials and leases of equipment, unless exempt by the Acts, the Regulations and directives issued pursuant thereto. The Local Government will take such action with respect to any subcontract or procurement as the State or the FHWA may direct as a means of enforcing such provisions including sanctions for noncompliance. Provided, that if the Local Government becomes involved in, or is threatened with, litigation with a subcontractor or supplier because of such direction, the Local Government may request the State to enter into such litigation to protect the interests of the State. In addition, the Local Government may request the United States to enter into such litigation to protect the interests of the United States. 24. Disadvantaged Business Enterprise (DBE) Program Requirements A. The parties shall comply with the Disadvantaged Business Enterprise Program requirements established in 49 CFR Part 26. B. The Local Government shall adopt, in its totality, the State’s federally approved DBE program. C. The Local Government shall set an appropriate DBE goal consistent with the State’s DBE guidelines and in consideration of the local market, project size, and nature of the goods or services to be acquired. The Local Government shall have final decision-making authority regarding the DBE goal and shall be responsible for documenting its actions. D. The Local Government shall follow all other parts of the State’s DBE program referenced in TxDOT Form 2395, Memorandum of Understanding Regarding the Adoption of the Texas Department of Transportation’s Federally-Approved Disadvantaged Business Enterprise by Entity, and attachments found at web address http://ftp.dot.state.tx.us/pub/txdot-info/bop/dbe/mou/mou_attachments.pdf. E. The Local Government shall not discriminate on the basis of race, color, national origin, or sex in the award and performance of any U.S. Department of Transportation (DOT)- assisted contract or in the administration of its DBE program or the requirements of 49 CFR Part 26. The Local Government shall take all necessary and reasonable steps under 49 CFR Part 26 to ensure non-discrimination in award and administration of DOT-assisted contracts. The State’s DBE program, as required by 49 CFR Part 26 and as approved by DOT, is incorporated by reference in this agreement. Implementation of this program is a legal obligation and failure to carry out its terms shall be treated as a violation of this agreement. Upon notification to the Local Government of its failure to carry out its approved program, the State may impose sanctions as provided for under 49 CFR Part 26 Page 122 of 152 CSJ #2690-01-037 District #14 AUS Code Chart 64 #16000 Project: FM 971 Realignment Federal Highway Administration CFDA Title: Highway Planning & Construction CFDA No.: 20.205 Not Research and Development AFA-AFA_LongGen Page 11 of 14 Revised 10/18/2016 and may, in appropriate cases, refer the matter for enforcement under 18 U.S.C. 1001 and the Program Fraud Civil Remedies Act of 1986 (31 U.S.C. 3801 et seq.). F. Each contract the Local Government signs with a contractor (and each subcontract the prime contractor signs with a sub-contractor) must include the following assurance: The contractor, sub-recipient, or sub-contractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of DOT- assisted contracts. Failure by the contractor to carry out these requirements is a material breach of this agreement, which may result in the termination of this agreement or such other remedy as the recipient deems appropriate. 25. Debarment Certifications The parties are prohibited from making any award at any tier to any party that is debarred or suspended or otherwise excluded from or ineligible for participation in Federal Assistance Programs under Executive Order 12549, “Debarment and Suspension.” By executing this agreement, the Local Government certifies that it and its principals are not currently debarred, suspended, or otherwise excluded from or ineligible for participation in Federal Assistance Programs under Executive Order 12549 and further certifies that it will not do business with any party, to include principals, that is currently debarred, suspended, or otherwise excluded from or ineligible for participation in Federal Assistance Programs under Executive Order 12549. The parties to this contract shall require any party to a subcontract or purchase order awarded under this contract to certify its eligibility to receive federal funds and, when requested by the State, to furnish a copy of the certification. 26. Lobbying Certification In executing this agreement, each signatory certifies to the best of that signatory’s knowledge and belief, that: A. No federal appropriated funds have been paid or will be paid by or on behalf of the parties to any person for influencing or attempting to influence an officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement. B. If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with federal contracts, grants, loans, or cooperative agreements, the signatory for the Local Government shall complete and submit the Federal Standard Form-LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions. C. The parties shall require that the language of this certification shall be included in the award documents for all sub-awards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and all sub-recipients shall certify and disclose accordingly. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Title 31 U.S.C. §1352. Any person who fails to file Page 123 of 152 CSJ #2690-01-037 District #14 AUS Code Chart 64 #16000 Project: FM 971 Realignment Federal Highway Administration CFDA Title: Highway Planning & Construction CFDA No.: 20.205 Not Research and Development AFA-AFA_LongGen Page 12 of 14 Revised 10/18/2016 the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. 27. Insurance If this agreement authorizes the Local Government or its contractor to perform any work on State right of way, before beginning work the entity performing the work shall provide the State with a fully executed copy of the State's Form 1560 Certificate of Insurance verifying the existence of coverage in the amounts and types specified on the Certificate of Insurance for all persons and entities working on State right of way. This coverage shall be maintained until all work on the State right of way is complete. If coverage is not maintained, all work on State right of way shall cease immediately, and the State may recover damages and all costs of completing the work. 28. Federal Funding Accountability and Transparency Act Requirements A. Any recipient of funds under this agreement agrees to comply with the Federal Funding Accountability and Transparency Act (FFATA) and implementing regulations at 2 CFR Part 170, including Appendix A. This agreement is subject to the following award terms: http://www.gpo.gov/fdsys/pkg/FR-2010-09-14/pdf/2010-22705.pdf and http://www.gpo.gov/fdsys/pkg/FR-2010-09-14/pdf/2010-22706.pdf. B. The Local Government agrees that it shall: 1. Obtain and provide to the State a System for Award Management (SAM) number (Federal Acquisition Regulation, Part 4, Sub-part 4.11) if this award provides more than $25,000 in Federal funding. The SAM number may be obtained by visiting the SAM website whose address is: https://www.sam.gov/portal/public/SAM/ 2. Obtain and provide to the State a Data Universal Numbering System (DUNS) number, a unique nine-character number that allows Federal government to track the distribution of federal money. The DUNS may be requested free of charge for all businesses and entities required to do so by visiting the Dun & Bradstreet (D&B) on-line registration website http://fedgov.dnb.com/webform; and 3. Report the total compensation and names of its top five (5) executives to the State if: i. More than 80% of annual gross revenues are from the Federal government, and those revenues are greater than $25,000,000; and ii. The compensation information is not already available through reporting to the U.S. Securities and Exchange Commission. 29. Single Audit Report A. The parties shall comply with the requirements of the Single Audit Act of 1984, P.L. 98-502, ensuring that the single audit report includes the coverage stipulated in 2 CFR 200. B. If threshold expenditures of $750,000 or more are met during the fiscal year, the Local Government must submit a Single Audit Report and Management Letter (if applicable) to TxDOT's Compliance Division, 125 East 11th Street, Austin, TX 78701 or contact TxDOT’s Compliance Division at singleaudits@txdot.gov. C. If expenditures are less than the threshold during the Local Government's fiscal year, the Local Government must submit a statement to TxDOT's Compliance Division as follows: Page 124 of 152 CSJ #2690-01-037 District #14 AUS Code Chart 64 #16000 Project: FM 971 Realignment Federal Highway Administration CFDA Title: Highway Planning & Construction CFDA No.: 20.205 Not Research and Development AFA-AFA_LongGen Page 13 of 14 Revised 10/18/2016 "We did not meet the $______ expenditure threshold and therefore, are not required to have a single audit performed for FY ______." D. For each year the project remains open for federal funding expenditures, the Local Government will be responsible for filing a report or statement as described above. The required annual filing shall extend throughout the life of the agreement, unless otherwise amended or the project has been formally closed out and no charges have been incurred within the current fiscal year. 30. Pertinent Non-Discrimination Authorities During the performance of this contract, the Local Government, for itself, its assignees, and successors in interest agree to comply with the following nondiscrimination statutes and authorities; including but not limited to: A. Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin); and 49 CFR Part 21. B. The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. § 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal-aid programs and projects). C. Federal-Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), as amended, (prohibits discrimination on the basis of sex). D. Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.) as amended, (prohibits discrimination on the basis of disability); and 49 CFR Part 27. E. The Age Discrimination Act of 1975, as amended, (49 U.S.C. § 6101 et seq.), (prohibits discrimination on the basis of age). F. Airport and Airway Improvement Act of 1982, (49 U.S.C. Chapter 471, Section 47123), as amended, (prohibits discrimination based on race, creed, color, national origin, or sex). G. The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms “programs or activities” to include all of the programs or activities of the Federal-aid recipients, subrecipients and contractors, whether such programs or activities are Federally funded or not). H. Titles II and III of the Americans with Disabilities Act, which prohibits discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities (42 U.S.C. §§ 12131- 12189) as implemented by Department of Transportation regulations at 49 C.F.R. parts 37 and 38. I. The Federal Aviation Administration’s Nondiscrimination statute (49 U.S.C. § 47123) (prohibits discrimination on the basis of race, color, national origin, and sex). J. Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations, which ensures nondiscrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations. K. Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes Page 125 of 152 CSJ #2690-01-037 District #14 AUS Code Chart 64 #16000 Project: FM 971 Realignment Federal Highway Administration CFDA Title: Highway Planning & Construction CFDA No.: 20.205 Not Research and Development AFA-AFA_LongGen Page 14 of 14 Revised 10/18/2016 discrimination because of limited English proficiency (LEP). To ensure compliance with Title VI, the parties must take reasonable steps to ensure that LEP persons have meaningful access to the programs (70 Fed. Reg. at 74087 to 74100). L. Title IX of the Education Amendments of 1972, as amended, which prohibits the parties from discriminating because of sex in education programs or activities (20 U.S.C. 1681 et seq.). 31. Signatory Warranty Each signatory warrants that the signatory has necessary authority to execute this agreement on behalf of the entity represented. THIS AGREEMENT IS EXECUTED by the State and the Local Government in duplicate. THE LOCAL GOVERNMENT _________________________________ Signature _________________________________ Typed or Printed Name _________________________________ Title _________________________________ Date THE STATE OF TEXAS _________________________________ Kenneth Stewart Director of Contract Services Texas Department of Transportation _________________________________ Date Page 126 of 152 CSJ #2690-01-037 District #14 AUS Code Chart 64 #16000 Project: FM 971 Realignment Federal Highway Administration CFDA Title: Highway Planning & Construction CFDA No.: 20.205 Not Research and Development AFA-AFA_LongGen Page 1 of 1 Attachment A ATTACHMENT A RESOLUTION OR ORDINANCE Page 127 of 152 CSJ #2690-01-037 District #14 AUS Code Chart 64 #16000 Project: FM 971 Realignment Federal Highway Administration CFDA Title: Highway Planning & Construction CFDA No.: 20.205 Not Research and Development AFA-AFA_LongGen Page 1 of 1 Attachment B ATTACHMENT B LOCATION MAP SHOWING PROJECT Page 128 of 152 CSJ #2690-01-037 District #14 AUS Code Chart 64 #16000 Project: FM 971 Realignment Federal Highway Administration CFDA Title: Highway Planning & Construction CFDA No.: 20.205 Not Research and Development AFA-AFA_LongGen Page 1 of 1 Attachment C ATTACHMENT C PROJECT BUDGET Costs will be allocated based on Local Government funding and State funding for the direct and indirect costs. The Local Government will then be responsible for 100% of the project costs. Description Total Estimated Cost Federal Participation State Participation Local Participation % Cost % Cost % Cost Engineering (by Local Government) $330,000 0% $0 0% $0 100%$330,000 Right of Way (by Local Government) 1,000,000 0% $0 0% $0 100%1,000,000 Environmental (by Local Government) 50,000 0% $0 0% $0 100%50,000 Utilities (by Local Government) 50,000 0% $0 0% $0 100%50,000 Construction (by State) $3,293,000 0% $0 0% $0 100%$3,293,000 Subtotal $4,723,000 $0 $0 $4,723,000 Environmental Direct State Costs $23,426 0% $0 100% $23,426 0% $0 Right of Way Direct State Costs $5,857 0% $0 100% $5,857 0% $0 Engineering Direct State Costs $35,139 0% $0 100% $35,139 0% $0 Utility Direct State Costs $5,857 0% $0 100% $5,857 0% $0 Construction Direct State Costs $163,982 0% $0 100% $163,982 0% $0 Indirect State Costs (5.27%) $248,902 0% $0 100% $248,902 0% $0 TOTAL $5,206,163 $0 $483,163 $4,723,000 Initial payment by the Local Government to the State: $0 Payment by the Local Government to the State before construction: $3,293,000 Estimated total payment by the Local Government to the State $3,293,000. This is an estimate. The final amount of Local Government participation will be based on actual costs. Page 129 of 152 Resolution No. Page 1 of 2 Date Approved RESOLUTION NO. _____________ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GEORGETOWN, TEXAS AUTHORIZING THE MAYOR TO SIGN THE ADVANCE FUNDING AGREEMENT WITH THE TEXAS DEPARTMENT OF TRANSPORTATION RELATED TO THE FM 971 REALIGNMENT AT SS 158 (NORTH AUSTIN AVENUE). WHEREAS, the Texas Transportation Commission passed Minute Order Number 114670, authorizing the State to undertake and complete a highway improvement generally described as the upgrade of FM 971 to a 4-lane urban section from SS 158 (North Austin Avenue) to Gann Street/River Haven Drive in Georgetown, Texas called the “Project”; and, WHEREAS, on November 4, 2008, City of Georgetown voters approved bond propositions authorizing road projects including upgrades to FM 971; and WHEREAS, the City of Georgetown has completed preliminary schematic, design, and construction plans for the Project which is an on-system Texas Department of Transportation (TxDOT) facility; and WHEREAS, TxDOT has assigned a Control-Section-Job number assigned to all on-system public highways in Texas of CSJ #2690-01-037; and WHEREAS, the Advance Funding Agreement between TxDOT and the City allocate funds including a City contribution of approximately $4,723,000 for the design and construction of the Project. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF GEORGETOWN TEXAS: SECTION ONE. The facts and recitations contained in the preamble of this resolution are hereby found and declared to be true and correct, and are incorporated by reference herein and expre ssly made a part hereof, as if copied verbatim. SECTION TWO. The City Council of the City of Georgetown finds it to be in the best interest of the citizens of Georgetown to enter in the Advance Funding Agreement with the Texas Department of Transportation related to the upgrade of FM 971 to a 4-lane urban section from SS 158 to Gann Street/River Haven Drive. Page 130 of 152 Resolution No. Page 2 of 2 Date Approved SECTION THREE. The Mayor is hereby authorized to sign this Resolution and the Advance Funding Agreement and the City Secretary to attest thereto, on behalf of the City. SECTION FOUR. This Resolution shall become effective on the ___ day of _______________, 2017. PASSED AND APPROVED on the _____ day of __________, 2017. ATTEST: CITY OF GEORGETOWN, TEXAS ______________________________ By: _____________________________ Shelley Nowling, City Secretary Dale Ross, Mayor APPROVED AS TO FORM: _____________________________ Charlie McNabb, City Attorney Page 131 of 152 City of Georgetown, Texas Transportation Advisory Board August 11, 2017 SUBJECT: Disc ussion and p o s s ib le rec o mmendatio n to C o uncil fo r the ap p ro val o f an Ad vanced Funding Agreement (AFA) with T xDOT for the No rthwest Boulevard Bridge c o nstruc tion over IH 35 -- Edward G. Po las ek, AICP, Transp o rtatio n Planning Coordinator ITEM SUMMARY: As p art o f the 2015 Road Bo nd Program, the ac quis ition of ROW and cons truc tion of the No rthwest Bo ulevard Brid ge p ro ject from Rivery Bo ulevard to N. Aus tin Avenue was funded. A portio n o f the p ro jec t crosses IH 35 and req uires T xDOT review and approvals . In o rd er for TxDOT to s p end fund s or o ther res o urc es on a trans p o rtatio n projec t with a loc al government, b o th parties mus t firs t exec ute a written contrac t which is called an Advanc e F und ing Agreement (AFA). In an AFA TxDOT and the loc al go vernment alloc ate partic ipatio n in the develo p ment and cons truction o o f the p ro ject. An AFA is needed fo r the Northwes t Boulevard p ro ject jus t fo r the p o rtion of the p ro ject involved in the crossing of IH 35. STAFF RECOMMENDATION: GTAB recommendatio n o f approval of the Res olution and the AFA for the c ons tructio n o f the Northwes t Bo ulevard Brid ge o ver IH 35 t to City Co unc il. FINANCIAL IMPACT: Per the AFA the City will ad minister c o nstruc tio n o f the p ro ject over IH 35. The C ity was able to nego tiate State Participation for Direc t and Indirec t co ns truc tion ins p ectio ns and adminis tratio n cost, where we have p aid those fees in the past. SUBMITTED BY: Edward G. Polas ek, AICP, Trans p o rtatio n P lanning C o o rd inato r ATTACHMENTS: Description Type TxDOT AFA Northwes t Exhibit Res olution approving AFA Res olution Letter Page 132 of 152 CSJ #0015-08-152 District #14 - AUS Code Chart 64 #16000 Project: IH 35 Overpass, Northwest Blvd. Federal Highway Administration CFDA Title: Highway Planning & Construction CFDA No.: 20.205 Not Research and Development AFA-AFA_LongGen Page 1 of 14 Revised 10/18/2016 STATE OF TEXAS § COUNTY OF TRAVIS § ADVANCE FUNDING AGREEMENT For A Locally Funded Highway Improvement Project On-System THIS AGREEMENT is made by and between the State of Texas, acting by and through the Texas Department of Transportation called the “State”, and the City of Georgetown, acting by and through its duly authorized officials, called the “Local Government.” WITNESSETH WHEREAS, federal law establishes federally funded programs for transportation improvements to implement its public purposes; and WHEREAS, the Texas Transportation Code, Sections 201.103 and 222.052 establish that the State shall design, construct and operate a system of highways in cooperation with local governments; and WHEREAS, federal and state laws require local governments to meet certain contract standards relating to the management and administration of State and federal funds; and WHEREAS, the Texas Transportation Commission passed Minute Order Number 114670, authorizing the State to undertake and complete a highway improvement generally described as to construct a new overpass crossing on IH 35 at Northwest Blvd. called the “Project”; and, WHEREAS, the Governing Body of the Local Government has approved entering into this agreement by resolution or ordinance dated ______________, 20__, which is attached to and made a part of this agreement as Attachment “A” for the improvement covered by this agreement. A map showing the Project location appears in Attachment “B,” which is attached to and made a part of this agreement. NOW, THEREFORE, in consideration of the premises and of the mutual covenants and agreements of the parties, to be by them respectively kept and performed as set forth in this agreement, it is agreed as follows: AGREEMENT 1. Period of the Agreement This agreement becomes effective when signed by the last party whose signing makes the agreement fully executed. This agreement shall remain in effect until the Project is completed or unless terminated as provided below. Page 133 of 152 CSJ #0015-08-152 District #14 - AUS Code Chart 64 #16000 Project: IH 35 Overpass, Northwest Blvd. Federal Highway Administration CFDA Title: Highway Planning & Construction CFDA No.: 20.205 Not Research and Development AFA-AFA_LongGen Page 2 of 14 Revised 10/18/2016 2. Scope of Work The construction of a new overpass crossing located on IH 35 at Northwest Blvd., Georgetown, Texas, as shown on Attachment "B". 3. Local Project Sources and Uses of Funds A. The total estimated cost of the Project is shown in the Project Budget – Attachment “C”, which is attached to and made a part of this agreement. The expected cash contributions from the Federal or State government, the Local Government, or other parties are shown in Attachment “C”. The State will pay for only those project costs that have been approved by the Texas Transportation Commission. The State and the Federal Government will not reimburse the Local Government for any work performed before the federal spending authority is formally obligated to the Project by the Federal Highway Administration. After federal funds have been obligated, the State will send to the Local Government a copy of the formal documentation showing the obligation of funds including federal award information. The Local Government is responsible for 100% of the cost of any work performed under its direction or control before the federal spending authority is formally obligated. B. If the Local Government will perform any work under this contract for which reimbursement will be provided by or through the State, the Local Government must complete training before federal spending authority is obligated. Training is complete when at least one individual who is working actively and directly on the Project successfully completes and receives a certificate for the course entitled Local Government Project Procedures and Qualification for the Texas Department of Transportation. The Local Government shall provide the certificate of qualification to the State. The individual who receives the training certificate may be an employee of the Local Government or an employee of a firm that has been contracted by the Local Government to perform oversight of the Project. The State in its discretion may deny reimbursement if the Local Government has not designated a qualified individual to oversee the Project. C. The Project cost estimate shows how necessary resources for completing the Project will be provided by major cost categories. These categories may include but are not limited to: (1) costs of real property; (2) costs of utility work; (3) costs of environmental assessment and remediation; (4) cost of preliminary engineering and design; (5) cost of construction and construction management; and (6) any other local project costs. D. The State will be responsible for securing the Federal and State share of the funding required for the development and construction of the local Project. If the Local Government is due funds for expenses incurred, these funds will be reimbursed to the Local Government on a cost basis. E. The Local Government will be responsible for all non-federal or non-state participation costs associated with the Project, otherwise provided for in this agreement or approved otherwise in an amendment to this agreement. Where Special Approval has been granted by the State, the Local Government shall only in that instance be responsible for overruns in excess of the amount to be paid by the Local Government. F. Prior to the performance of any engineering review work by the State, the Local Government will pay to the State the amount specified in Attachment C. At a minimum, this amount shall equal the Local Government’s funding share for the estimated cost of Page 134 of 152 CSJ #0015-08-152 District #14 - AUS Code Chart 64 #16000 Project: IH 35 Overpass, Northwest Blvd. Federal Highway Administration CFDA Title: Highway Planning & Construction CFDA No.: 20.205 Not Research and Development AFA-AFA_LongGen Page 3 of 14 Revised 10/18/2016 preliminary engineering for the Project. At least sixty (60) days prior to the date set for receipt of the construction bids, the Local Government shall remit its remaining financial share for the State’s estimated construction oversight and construction cost. G. Whenever funds are paid by the Local Government to the State under this agreement, the Local Government shall remit a check or warrant made payable to the “Texas Department of Transportation.” The check or warrant shall be deposited by the State and managed by the State. The funds may only be applied by the State to the Project. H. Upon completion of the Project, the State will perform an audit of the Project costs. Any funds due by the Local Government, the State, or the Federal government will be promptly paid by the owing party. If after final Project accounting any excess funds remain, those funds may be applied by the State to the Local Government’s contractual obligations to the State under another advance funding agreement with approval by appropriate personnel of the Local Government. I. The State will not pay interest on any funds provided by the Local Government. J. If a waiver has been granted, the State will not charge the Local Government for the indirect costs the State incurs on the local Project, unless this agreement is terminated at the request of the Local Government prior to completion of the Project. K. If the Project has been approved for a specified percentage or a “periodic payment” non- standard funding or payment arrangement under 43 TAC §15.52, the budget in Attachment C will clearly state the specified percentage or the periodic payment schedule. L. If the Local government is an Economically Disadvantaged County (EDC) and if the State has approved adjustments to the standard financing arrangement, this agreement reflects those adjustments. M. When Special Approval has been granted by the State so that the Local Government bears the responsibility for paying cost overruns, the Local Government shall make payment to the State within thirty (30) days from the receipt of the State’s written notification of those amounts. N. The state auditor may conduct an audit or investigation of any entity receiving funds from the State directly under this contract or indirectly through a subcontract under this contract. Acceptance of funds directly under this contract or indirectly through a subcontract under this contract acts as acceptance of the authority of the state auditor, under the direction of the legislative audit committee, to conduct an audit or investigation in connection with those funds. An entity that is the subject of an audit or investigation must provide the state auditor with access to any information the state auditor considers relevant to the investigation or audit. O. Payment under this contract beyond the end of the current fiscal biennium is subject to availability of appropriated funds. If funds are not appropriated, this contract shall be terminated immediately with no liability to either party. P. The Local Government is authorized to submit requests for reimbursement by submitting the original of an itemized invoice in a form and containing all items required by the State no more frequently than monthly, and no later than ninety (90) days after costs are incurred. If the Local Government submits invoices more than ninety (90) days after the costs are incurred, and if federal funding is reduced as a result, the State shall have no responsibility to reimburse the Local Government for those costs. Page 135 of 152 CSJ #0015-08-152 District #14 - AUS Code Chart 64 #16000 Project: IH 35 Overpass, Northwest Blvd. Federal Highway Administration CFDA Title: Highway Planning & Construction CFDA No.: 20.205 Not Research and Development AFA-AFA_LongGen Page 4 of 14 Revised 10/18/2016 Q. The State will not execute the contract for the construction of the Project until the required funding has been made available by the Local Government in accordance with this agreement. 4. Termination of this Agreement This agreement shall remain in effect until the project is completed and accepted by all parties, unless: A. The agreement is terminated in writing with the mutual consent of the parties; B. The agreement is terminated by one party because of a breach, in which case any cost incurred because of the breach shall be paid by the breaching party; C. The Local Government elects not to provide funding after the completion of preliminary engineering, specifications, and estimates (PS&E) and the Project does not proceed because of insufficient funds, in which case the Local Government agrees to reimburse the State for its reasonable actual costs incurred during the Project; or D. The Project is inactive for thirty-six (36) months or longer and no expenditures have been charged against federal funds, in which case the State may in its discretion terminate this agreement. 5. Amendments Amendments to this agreement due to changes in the character of the work, terms of the agreement, or responsibilities of the parties relating to the Project may be enacted through a mutually agreed upon, written amendment. 6. Remedies This agreement shall not be considered as specifying the exclusive remedy for any agreement default, but all remedies existing at law and in equity may be availed of by either party to this agreement and shall be cumulative. 7. Utilities The Local Government shall be responsible for the adjustment, removal, or relocation of utility facilities in accordance with applicable State laws, regulations, rules, policies, and procedures, including any cost to the State of a delay resulting from the Local Government’s failure to ensure that utility facilities are adjusted, removed, or relocated before the scheduled beginning of construction. The Local Government will not be reimbursed with federal or state funds for the cost of required utility work. The Local Government must obtain advance approval for any variance from established procedures. Before a construction contract is let, the Local Government shall provide, at the State’s request, a certification stating that the Local Government has completed the adjustment of all utilities that must be adjusted before construction is completed. 8. Environmental Assessment and Mitigation Development of a transportation project must comply with the National Environmental Policy Act and the National Historic Preservation Act of 1966, which require environmental clearance of federal-aid projects. A. The Local Government is responsible for the identification and assessment of any environmental problems associated with the development of a local project governed by this agreement. Page 136 of 152 CSJ #0015-08-152 District #14 - AUS Code Chart 64 #16000 Project: IH 35 Overpass, Northwest Blvd. Federal Highway Administration CFDA Title: Highway Planning & Construction CFDA No.: 20.205 Not Research and Development AFA-AFA_LongGen Page 5 of 14 Revised 10/18/2016 B. The Local Government is responsible for the cost of any environmental problem’s mitigation and remediation. C. The Local Government is responsible for providing any public meetings or public hearings required for development of the environmental assessment. Public hearings will not be held prior to the approval of project schematic. D. The Local Government is responsible for the preparation of the NEPA documents required for the environmental clearance of this Project. E. Before the advertisement for bids, the Local Government shall provide to the State written documentation from the appropriate regulatory agency or agencies that all environmental clearances have been obtained. 9. Compliance with Texas Accessibility Standards and ADA All parties to this agreement shall ensure that the plans for and the construction of all projects subject to this agreement are in compliance with the Texas Accessibility Standards (TAS) issued by the Texas Department of Licensing and Regulation, under the Architectural Barriers Act, Article 9102, Texas Civil Statutes. The TAS establishes minimum accessibility requirements to be consistent with minimum accessibility requirements of the Americans with Disabilities Act (P.L. 101-336) (ADA). 10. Architectural and Engineering Services The Local Government has responsibility for the performance of architectural and engineering services. The engineering plans shall be developed in accordance with the applicable State’s Standard Specifications for Construction and Maintenance of Highways, Streets and Bridges and the special specifications and special provisions related to it. For projects on the state highway system, the design shall, at a minimum conform to applicable State manuals. For projects not on the state highway system, the design shall, at a minimum, conform to applicable American Association of State Highway and Transportation Officials design standards. In procuring professional services, the parties to this agreement must comply with federal requirements cited in 23 CFR Part 172 if the project is federally funded and with Texas Government Code 2254, Subchapter A, in all cases. Professional contracts for federally funded projects must conform to federal requirements, specifically including the provision for participation by Disadvantaged Business Enterprises (DBEs), ADA, and environmental matters. 11. Construction Responsibilities A. The Local Government shall advertise for construction bids, issue bid proposals, receive and tabulate the bids, and award and administer the contract for construction of the Project. Administration of the contract includes the responsibility for construction engineering and for issuance of any change orders, supplemental agreements, amendments, or additional work orders that may become necessary subsequent to the award of the construction contract. In order to ensure federal funding eligibility, projects must be authorized by the State prior to advertising for construction. B. The Local Government will use its approved contract letting and award procedures to let and award the construction contract. C. Upon completion of the Project, the party constructing the Project will issue and sign a “Notification of Completion” acknowledging the Project’s construction completion. Page 137 of 152 CSJ #0015-08-152 District #14 - AUS Code Chart 64 #16000 Project: IH 35 Overpass, Northwest Blvd. Federal Highway Administration CFDA Title: Highway Planning & Construction CFDA No.: 20.205 Not Research and Development AFA-AFA_LongGen Page 6 of 14 Revised 10/18/2016 D. For federally funded contracts, the parties to this agreement will comply with federal construction requirements cited in 23 CFR Part 635 and with requirements cited in 23 CFR Part 633, and shall include the latest version of Form “FHWA-1273” in the contract bidding documents. If force account work will be performed, a finding of cost effectiveness shall be made in compliance with 23 CFR 635, Subpart B. 12. Project Maintenance The Local Government shall be responsible for maintenance of locally owned roads after completion of the work and the State shall be responsible for maintenance of state highway system after completion of the work if the work was on the state highway system, unless otherwise provided for in existing maintenance agreements with the Local Government. 13. Right of Way and Real Property A. Right of way and real property acquisition shall be the responsibility of the Local Government. Title to right of way and other related real property must be acceptable to the State before funds may be expended for the improvement of the right of way or real property. B. If the Local Government is the owner of any part of the Project site under this agreement, the Local Government shall permit the State or its authorized representative access to occupy the site to perform all activities required to execute the work. C. All parties to this agreement will comply with and assume the costs for compliance with all the requirements of Title II and Title III of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, Title 42 U.S.C.A. Section 4601 et seq., including those provisions relating to incidental expenses incurred by the property owners in conveying the real property to the Local Government, and benefits applicable to the relocation of any displaced person as defined in 49 CFR Section 24.2(g). Documentation to support such compliance must be maintained and made available to the State and its representatives for review and inspection. D. The Local Government shall assume all costs and perform necessary requirements to provide any necessary evidence of title or right of use in the name of the Local Government to the real property required for development of the Project. The evidence of title or rights shall be acceptable to the State, and be free and clear of all encroachments. The Local Government shall secure and provide easements and any needed rights of entry over any other land needed to develop the Project according to the approved Project plans. The Local Government shall be responsible for securing any additional real property required for completion of the Project. E. In the event real property is donated to the Local Government after the date of the State’s authorization, the Local Government will provide all documentation to the State regarding fair market value of the acquired property. The State will review the Local Government’s appraisal, determine the fair market value and credit that amount towards the Local Government’s financial share. If donated property is to be used as a funding match, it may not be provided by the Local Government. The State will not reimburse the Local Government for any real property acquired before execution of this agreement and the obligation of federal spending authority. F. The Local Government shall prepare real property maps, property descriptions, and other data as needed to properly describe the real property and submit them to the State for approval Page 138 of 152 CSJ #0015-08-152 District #14 - AUS Code Chart 64 #16000 Project: IH 35 Overpass, Northwest Blvd. Federal Highway Administration CFDA Title: Highway Planning & Construction CFDA No.: 20.205 Not Research and Development AFA-AFA_LongGen Page 7 of 14 Revised 10/18/2016 prior to the Local Government acquiring the real property. Tracings of the maps shall be retained by the Local Government for a permanent record. G. The Local Government agrees to make a determination of property values for each real property parcel by methods acceptable to the State and to submit to the State a tabulation of the values so determined, signed by the appropriate Local Government representative. The tabulations shall list the parcel numbers, ownership, acreage and recommended compensation. Compensation shall be shown in the component parts of land acquired, itemization of improvements acquired, damages (if any) and the amounts by which the total compensation will be reduced if the owner retains improvements. This tabulation shall be accompanied by an explanation to support the determined values, together with a copy of information or reports used in calculating all determined values. Expenses incurred by the Local Government in performing this work may be eligible for reimbursement after the Local Government has received written authorization by the State to proceed with determination of real property values. The State will review the data submitted and may base its reimbursement for parcel acquisitions on these values. H. Reimbursement for real property costs will be made to the Local Government for real property purchased in an amount not to exceed eighty percent (80%) of the cost of the real property purchased in accordance with the terms and provisions of this agreement. Reimbursement will be in an amount not to exceed eighty percent (80%) of the State’s predetermined value of each parcel, or the net cost of the parcel, whichever is less. In addition, reimbursement will be made to the Local Government for necessary payments to appraisers, expenses incurred in order to assure good title, and costs associated with the relocation of displaced persons and personal property as well as incidental expenses. I. If the Project requires the use of real property to which the Local Government will not hold title, a separate agreement between the owners of the real property and the Local Government must be executed prior to execution of this agreement. The separate agreement must establish that the Project will be dedicated for public use for a period of not less than 10 (ten) years after completion. The separate agreement must define the responsibilities of the parties as to the use of the real property and operation and maintenance of the Project after completion. The separate agreement must be approved by the State prior to its execution. A copy of the executed agreement shall be provided to the State. Page 139 of 152 CSJ #0015-08-152 District #14 - AUS Code Chart 64 #16000 Project: IH 35 Overpass, Northwest Blvd. Federal Highway Administration CFDA Title: Highway Planning & Construction CFDA No.: 20.205 Not Research and Development AFA-AFA_LongGen Page 8 of 14 Revised 10/18/2016 14. Notices All notices to either party shall be delivered personally or sent by certified or U.S. mail, postage prepaid, addressed to that party at the following address: Local Government: Mayor City of Georgetown PO Box 409 Georgetown, Texas 78627 State: Director of Contract Services Texas Department of Transportation 125 E. 11th Street Austin, Texas 78701 All notices shall be deemed given on the date delivered in person or deposited in the mail, unless otherwise provided by this agreement. Either party may change the above address by sending written notice of the change to the other party. Either party may request in writing that notices shall be delivered personally or by certified U.S. mail, and that request shall be carried out by the other party. 15. Legal Construction If one or more of the provisions contained in this agreement shall for any reason be held invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provisions and this agreement shall be construed as if it did not contain the invalid, illegal, or unenforceable provision. 16. Responsibilities of the Parties The State and the Local Government agree that neither party is an agent, servant, or employee of the other party and each party agrees it is responsible for its individual acts and deeds as well as the acts and deeds of its contractors, employees, representatives, and agents. 17. Ownership of Documents Upon completion or termination of this agreement, all documents prepared by the State shall remain the property of the State. All data prepared under this agreement shall be made available to the State without restriction or limitation on their further use. All documents produced or approved or otherwise created by the Local Government shall be transmitted to the State in the form of photocopy reproduction on a monthly basis as required by the State. The originals shall remain the property of the Local Government. At the request of the State, the Local Government shall submit any information required by the State in the format directed by the State. 18. Compliance with Laws The parties shall comply with all federal, state, and local laws, statutes, ordinances, rules and regulations, and the orders and decrees of any courts or administrative bodies or tribunals in any manner affecting the performance of this agreement. When required, the Local Government shall furnish the State with satisfactory proof of this compliance. Page 140 of 152 CSJ #0015-08-152 District #14 - AUS Code Chart 64 #16000 Project: IH 35 Overpass, Northwest Blvd. Federal Highway Administration CFDA Title: Highway Planning & Construction CFDA No.: 20.205 Not Research and Development AFA-AFA_LongGen Page 9 of 14 Revised 10/18/2016 19. Sole Agreement This agreement constitutes the sole and only agreement between the parties and supersedes any prior understandings or written or oral agreements respecting the agreement’s subject matter. 20. Cost Principles In order to be reimbursed with federal funds, the parties shall comply with the Cost Principles established in 2 CFR 200 that specify that all reimbursed costs are allowable, reasonable, and allocable to the Project. 21. Procurement and Property Management Standards The parties shall adhere to the procurement standards established in Title 49 CFR §18.36 and with the property management standard established in Title 49 CFR §18.32. 22. Inspection of Books and Records The parties to this agreement shall maintain all books, documents, papers, accounting records, and other documentation relating to costs incurred under this agreement and shall make such materials available to the State, the Local Government, and, if federally funded, the Federal Highway Administration (FHWA), and the U.S. Office of the Inspector General, or their duly authorized representatives for review and inspection at its office during the contract period and for four (4) years from the date of completion of work defined under this contract or until any impending litigation, or claims are resolved. Additionally, the State, the Local Government, and the FHWA and their duly authorized representatives shall have access to all the governmental records that are directly applicable to this agreement for the purpose of making audits, examinations, excerpts, and transcriptions. 23. Civil Rights Compliance A. Compliance with Regulations: The Local Government will comply with the Acts and the Regulations relative to Nondiscrimination in Federally-assisted programs of the U.S. Department of Transportation (USDOT), the Federal Highway Administration (FHWA), as they may be amended from time to time, which are herein incorporated by reference and made part of this agreement. B. Nondiscrimination: The Local Government, with regard to the work performed by it during the contract, will not discriminate on the grounds of race, color, or national origin in the selection and retention of subcontractors, including procurement of materials and leases of equipment. The Local Government will not participate directly or indirectly in the discrimination prohibited by the Acts and the Regulations, including employment practices when the contract covers any activity, project, or program set forth in Appendix B of 49 CFR Part 21. C. Solicitations for Subcontracts, Including Procurement of Materials and Equipment: In all solicitations either by competitive bidding or negotiation made by the Local Government for work to be performed under a subcontract, including procurement of materials or leases of equipment, each potential subcontractor or supplier will be notified by the Local Government of the Local Government’s obligations under this contract and the Acts and Regulations relative to Nondiscrimination on the grounds of race, color, or national origin. Page 141 of 152 CSJ #0015-08-152 District #14 - AUS Code Chart 64 #16000 Project: IH 35 Overpass, Northwest Blvd. Federal Highway Administration CFDA Title: Highway Planning & Construction CFDA No.: 20.205 Not Research and Development AFA-AFA_LongGen Page 10 of 14 Revised 10/18/2016 D. Information and Reports: The Local Government will provide all information and reports required by the Acts, the Regulations, and directives issued pursuant thereto, and will permit access to its books, records, accounts, other sources of information, and facilities as may be determined by the State or the FHWA to be pertinent to ascertain compliance with such Acts, Regulations or directives. Where any information required of the Local Government is in the exclusive possession of another who fails or refuses to furnish this information, the Local Government will so certify to the State or the Federal Highway Administration, as appropriate, and will set forth what efforts it has made to obtain the information. E. Sanctions for Noncompliance: In the event of the Local Government's noncompliance with the Nondiscrimination provisions of this contract, the State will impose such contract sanctions as it or the FHWA may determine to be appropriate, including, but not limited to: a. withholding of payments to the Local Government under the contract until the Local Government complies and/or b. cancelling, terminating, or suspending of the contract, in whole or in part. F. Incorporation of Provisions: The Local Government will include the provisions of paragraphs (A) through (F) in every subcontract, including procurement of materials and leases of equipment, unless exempt by the Acts, the Regulations and directives issued pursuant thereto. The Local Government will take such action with respect to any subcontract or procurement as the State or the FHWA may direct as a means of enforcing such provisions including sanctions for noncompliance. Provided, that if the Local Government becomes involved in, or is threatened with, litigation with a subcontractor or supplier because of such direction, the Local Government may request the State to enter into such litigation to protect the interests of the State. In addition, the Local Government may request the United States to enter into such litigation to protect the interests of the United States. 24. Disadvantaged Business Enterprise (DBE) Program Requirements A. The parties shall comply with the Disadvantaged Business Enterprise Program requirements established in 49 CFR Part 26. B. The Local Government shall adopt, in its totality, the State’s federally approved DBE program. C. The Local Government shall set an appropriate DBE goal consistent with the State’s DBE guidelines and in consideration of the local market, project size, and nature of the goods or services to be acquired. The Local Government shall have final decision-making authority regarding the DBE goal and shall be responsible for documenting its actions. D. The Local Government shall follow all other parts of the State’s DBE program referenced in TxDOT Form 2395, Memorandum of Understanding Regarding the Adoption of the Texas Department of Transportation’s Federally-Approved Disadvantaged Business Enterprise by Entity, and attachments found at web address http://ftp.dot.state.tx.us/pub/txdot-info/bop/dbe/mou/mou_attachments.pdf. E. The Local Government shall not discriminate on the basis of race, color, national origin, or sex in the award and performance of any U.S. Department of Transportation (DOT)- assisted contract or in the administration of its DBE program or the requirements of 49 CFR Part 26. The Local Government shall take all necessary and reasonable steps under 49 CFR Part 26 to ensure non-discrimination in award and administration of DOT-assisted Page 142 of 152 CSJ #0015-08-152 District #14 - AUS Code Chart 64 #16000 Project: IH 35 Overpass, Northwest Blvd. Federal Highway Administration CFDA Title: Highway Planning & Construction CFDA No.: 20.205 Not Research and Development AFA-AFA_LongGen Page 11 of 14 Revised 10/18/2016 contracts. The State’s DBE program, as required by 49 CFR Part 26 and as approved by DOT, is incorporated by reference in this agreement. Implementation of this program is a legal obligation and failure to carry out its terms shall be treated as a violation of this agreement. Upon notification to the Local Government of its failure to carry out its approved program, the State may impose sanctions as provided for under 49 CFR Part 26 and may, in appropriate cases, refer the matter for enforcement under 18 U.S.C. 1001 and the Program Fraud Civil Remedies Act of 1986 (31 U.S.C. 3801 et seq.). F. Each contract the Local Government signs with a contractor (and each subcontract the prime contractor signs with a sub-contractor) must include the following assurance: The contractor, sub-recipient, or sub-contractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of DOT- assisted contracts. Failure by the contractor to carry out these requirements is a material breach of this agreement, which may result in the termination of this agreement or such other remedy as the recipient deems appropriate. 25. Debarment Certifications The parties are prohibited from making any award at any tier to any party that is debarred or suspended or otherwise excluded from or ineligible for participation in Federal Assistance Programs under Executive Order 12549, “Debarment and Suspension.” By executing this agreement, the Local Government certifies that it and its principals are not currently debarred, suspended, or otherwise excluded from or ineligible for participation in Federal Assistance Programs under Executive Order 12549 and further certifies that it will not do business with any party, to include principals, that is currently debarred, suspended, or otherwise excluded from or ineligible for participation in Federal Assistance Programs under Executive Order 12549. The parties to this contract shall require any party to a subcontract or purchase order awarded under this contract to certify its eligibility to receive federal funds and, when requested by the State, to furnish a copy of the certification. 26. Lobbying Certification In executing this agreement, each signatory certifies to the best of that signatory’s knowledge and belief, that: A. No federal appropriated funds have been paid or will be paid by or on behalf of the parties to any person for influencing or attempting to influence an officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement. B. If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with federal contracts, grants, loans, or cooperative agreements, the signatory for the Local Government shall complete and submit the Federal Standard Form-LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions. Page 143 of 152 CSJ #0015-08-152 District #14 - AUS Code Chart 64 #16000 Project: IH 35 Overpass, Northwest Blvd. Federal Highway Administration CFDA Title: Highway Planning & Construction CFDA No.: 20.205 Not Research and Development AFA-AFA_LongGen Page 12 of 14 Revised 10/18/2016 C. The parties shall require that the language of this certification shall be included in the award documents for all sub-awards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and all sub-recipients shall certify and disclose accordingly. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Title 31 U.S.C. §1352. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. 27. Insurance If this agreement authorizes the Local Government or its contractor to perform any work on State right of way, before beginning work the entity performing the work shall provide the State with a fully executed copy of the State's Form 1560 Certificate of Insurance verifying the existence of coverage in the amounts and types specified on the Certificate of Insurance for all persons and entities working on State right of way. This coverage shall be maintained until all work on the State right of way is complete. If coverage is not maintained, all work on State right of way shall cease immediately, and the State may recover damages and all costs of completing the work. 28. Federal Funding Accountability and Transparency Act Requirements A. Any recipient of funds under this agreement agrees to comply with the Federal Funding Accountability and Transparency Act (FFATA) and implementing regulations at 2 CFR Part 170, including Appendix A. This agreement is subject to the following award terms: http://www.gpo.gov/fdsys/pkg/FR-2010-09-14/pdf/2010-22705.pdf and http://www.gpo.gov/fdsys/pkg/FR-2010-09-14/pdf/2010-22706.pdf. B. The Local Government agrees that it shall: 1. Obtain and provide to the State a System for Award Management (SAM) number (Federal Acquisition Regulation, Part 4, Sub-part 4.11) if this award provides more than $25,000 in Federal funding. The SAM number may be obtained by visiting the SAM website whose address is: https://www.sam.gov/portal/public/SAM/ 2. Obtain and provide to the State a Data Universal Numbering System (DUNS) number, a unique nine-character number that allows Federal government to track the distribution of federal money. The DUNS may be requested free of charge for all businesses and entities required to do so by visiting the Dun & Bradstreet (D&B) on-line registration website http://fedgov.dnb.com/webform; and 3. Report the total compensation and names of its top five (5) executives to the State if: i. More than 80% of annual gross revenues are from the Federal government, and those revenues are greater than $25,000,000; and ii. The compensation information is not already available through reporting to the U.S. Securities and Exchange Commission. 29. Single Audit Report A. The parties shall comply with the requirements of the Single Audit Act of 1984, P.L. 98-502, ensuring that the single audit report includes the coverage stipulated in 2 CFR 200. B. If threshold expenditures of $750,000 or more are met during the fiscal year, the Local Government must submit a Single Audit Report and Management Letter (if applicable) to Page 144 of 152 CSJ #0015-08-152 District #14 - AUS Code Chart 64 #16000 Project: IH 35 Overpass, Northwest Blvd. Federal Highway Administration CFDA Title: Highway Planning & Construction CFDA No.: 20.205 Not Research and Development AFA-AFA_LongGen Page 13 of 14 Revised 10/18/2016 TxDOT's Compliance Division, 125 East 11th Street, Austin, TX 78701 or contact TxDOT’s Compliance Division at singleaudits@txdot.gov. C. If expenditures are less than the threshold during the Local Government's fiscal year, the Local Government must submit a statement to TxDOT's Compliance Division as follows: "We did not meet the $______ expenditure threshold and therefore, are not required to have a single audit performed for FY ______." D. For each year the project remains open for federal funding expenditures, the Local Government will be responsible for filing a report or statement as described above. The required annual filing shall extend throughout the life of the agreement, unless otherwise amended or the project has been formally closed out and no charges have been incurred within the current fiscal year. 30. Pertinent Non-Discrimination Authorities During the performance of this contract, the Local Government, for itself, its assignees, and successors in interest agree to comply with the following nondiscrimination statutes and authorities; including but not limited to: A. Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin); and 49 CFR Part 21. B. The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. § 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal-aid programs and projects). C. Federal-Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), as amended, (prohibits discrimination on the basis of sex). D. Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.) as amended, (prohibits discrimination on the basis of disability); and 49 CFR Part 27. E. The Age Discrimination Act of 1975, as amended, (49 U.S.C. § 6101 et seq.), (prohibits discrimination on the basis of age). F. Airport and Airway Improvement Act of 1982, (49 U.S.C. Chapter 471, Section 47123), as amended, (prohibits discrimination based on race, creed, color, national origin, or sex). G. The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms “programs or activities” to include all of the programs or activities of the Federal-aid recipients, subrecipients and contractors, whether such programs or activities are Federally funded or not). H. Titles II and III of the Americans with Disabilities Act, which prohibits discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities (42 U.S.C. §§ 12131- 12189) as implemented by Department of Transportation regulations at 49 C.F.R. parts 37 and 38. I. The Federal Aviation Administration’s Nondiscrimination statute (49 U.S.C. § 47123) (prohibits discrimination on the basis of race, color, national origin, and sex). J. Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations, which ensures nondiscrimination against minority populations by discouraging programs, policies, and activities with Page 145 of 152 CSJ #0015-08-152 District #14 - AUS Code Chart 64 #16000 Project: IH 35 Overpass, Northwest Blvd. Federal Highway Administration CFDA Title: Highway Planning & Construction CFDA No.: 20.205 Not Research and Development AFA-AFA_LongGen Page 14 of 14 Revised 10/18/2016 disproportionately high and adverse human health or environmental effects on minority and low-income populations. K. Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of limited English proficiency (LEP). To ensure compliance with Title VI, the parties must take reasonable steps to ensure that LEP persons have meaningful access to the programs (70 Fed. Reg. at 74087 to 74100). L. Title IX of the Education Amendments of 1972, as amended, which prohibits the parties from discriminating because of sex in education programs or activities (20 U.S.C. 1681 et seq.). 31. Signatory Warranty Each signatory warrants that the signatory has necessary authority to execute this agreement on behalf of the entity represented. THIS AGREEMENT IS EXECUTED by the State and the Local Government in duplicate. THE LOCAL GOVERNMENT _________________________________ Signature _________________________________ Typed or Printed Name _________________________________ Title _________________________________ Date THE STATE OF TEXAS _________________________________ Kenneth Stewart Director of Contract Services Texas Department of Transportation _________________________________ Date Page 146 of 152 CSJ #0015-08-152 District #14 - AUS Code Chart 64 #16000 Project: IH 35 Overpass, Northwest Blvd. Federal Highway Administration CFDA Title: Highway Planning & Construction CFDA No.: 20.205 Not Research and Development AFA-AFA_LongGen Page 1 of 1 Attachment A ATTACHMENT A RESOLUTION OR ORDINANCE Page 147 of 152 CSJ #0015-08-152 District #14 - AUS Code Chart 64 #16000 Project: IH 35 Overpass, Northwest Blvd. Federal Highway Administration CFDA Title: Highway Planning & Construction CFDA No.: 20.205 Not Research and Development AFA-AFA_LongGen Page 1 of 1 Attachment B ATTACHMENT B LOCATION MAP SHOWING PROJECT Page 148 of 152 CSJ #0015-08-152 District #14 - AUS Code Chart 64 #16000 Project: IH 35 Overpass, Northwest Blvd. Federal Highway Administration CFDA Title: Highway Planning & Construction CFDA No.: 20.205 Not Research and Development AFA-AFA_LongGen Page 1 of 1 Attachment C ATTACHMENT C PROJECT BUDGET Costs will be allocated based on Local Government funding and State funding for the direct and indirect costs. The Local Government will then be responsible for 100% of the project costs. Description Total Estimated Cost Federal Participation State Participation Local Participation % Cost % Cost % Cost Engineering (by Local Government) $122,500 0% $0 0% $0 100% $122,500 Construction (by Local Government) $2,500,000 0% $0 0% $0 100% $2,500,000 Subtotal $2,622,500 $0 $0 100%2,622,500 Environmental Direct State Costs $12,250 0% $0 100% $12,250 0% $0 Right of Way Direct State Costs $3,062 0% $0 100% $3,062 0% $0 Engineering Direct State Costs $18,375 0% $0 100% $18,375 0% $0 Utility Direct State Costs $3,063 0% $0 100% $3,063 0% $0 Construction Direct State Costs $85,750 0% $0 100% $85,750 0% $0 Indirect State Costs (5.27%) $138,206 0% $0 100% $138,206 0% $0 TOTAL $2,883,206 $0 $260,706 $2,622,500 Initial payment by the Local Government to the State: $0 Payment by the Local Government to the State before construction: $0 Estimated total payment by the Local Government to the State $0. This is an estimate. The final amount of Local Government participation will be based on actual costs. Page 149 of 152 Resolution No. Page 1 of 2 Date Approved RESOLUTION NO. _____________ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GEORGETOWN, TEXAS AUTHORIZING THE MAYOR TO SIGN THE ADVANCE FUNDING AGREEMENT WITH THE TEXAS DEPARTMENT OF TRANSPORTATION RELATED TO THE NORTHWEST BOULEVARD IH 35 OVERPASS. WHEREAS, the Texas Transportation Commission passed Minute Order Number 114670, authorizing the State to undertake and complete a highway improvement generally described as the construction of a new overpass crossing on IH 35 at Northwest Boulevard called the “Project”; and WHEREAS, on May 9, 2015, City of Georgetown voters approved bond propositions authorizing road projects including construction of the Northwest Boulevard Bridge which includes the Project; and WHEREAS, the City of Georgetown has completed preliminary schematic, design, and construction plans for the Project which is an on-system Texas Department of Transportation (TxDOT) facility; and WHEREAS, TxDOT has assigned a Control-Section-Job number assigned to all on-system public highways in Texas of CSJ #0015-08-152; and WHEREAS, the Advance Funding Agreement between TxDOT and the City allocate funds including a City contribution of approximately $2,625,000 for the design and construction of the Project. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF GEORGETOWN TEXAS: SECTION ONE. The facts and recitations contained in the preamble of this resolution are hereby found and declared to be true and correct, and are incorporated by reference herein and expressly made a part hereof, as if copied verbatim. SECTION TWO. The City Council of the City of Georgetown finds it to be in the best interest of the citizens of Georgetown to enter in the Advance Funding Agreement with the Texas Department of Transportation related to the construction of the overpass crossing on IH 35 at Northwest Boulevard. Page 150 of 152 Resolution No. Page 2 of 2 Date Approved SECTION THREE. The Mayor is hereby authorized to sign this Resolution and the Advance Funding Agreement and the City Secretary to attest thereto, on behalf of the City. SECTION FOUR. This Resolution shall become effective on the ___ day of _______________, 2017. PASSED AND APPROVED on the _____ day of __________, 2017. ATTEST: CITY OF GEORGETOWN, TEXAS ______________________________ By: _____________________________ Shelley Nowling, City Secretary Dale Ross, Mayor APPROVED AS TO FORM: _____________________________ Charlie McNabb, City Attorney Page 151 of 152 City of Georgetown, Texas Transportation Advisory Board August 11, 2017 SUBJECT: Cons id eration and p o s s ib le rec o mmendation on P avement Management Committee's recommend ation concerning the C ity's P avement Management Program. - Oc tavio Garza, Pub lic Wo rks Direc tor ITEM SUMMARY: The Pavement Management Co mmittee met in Ap ril, May, June, July and Augus t 2017 to d is cus s the City's s trategic appro ac h to managing the pavement network. FINANCIAL IMPACT: None SUBMITTED BY: Octavio Garza Page 152 of 152