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Home My WebLink AboutCity Packets - City Council - 02/20/2024 - RegularAgenda Item No:1.6 CITY COUNCIL Agenda Item Report Meeting Date: February 20, 2024 Submitted by: Kimberly Thompson Submitting Department: City Secretary Item Type: Miscellaneous Agenda Section: Subject: Items of Community Interest Suggested Action: Attachments: 5 Agenda Item No:1.7 CITY COUNCIL Agenda Item Report Meeting Date: February 20, 2024 Submitted by: Megan Charters Submitting Department: Library Item Type: Announcement Agenda Section: Subject: Receive presentation from the Library regarding upcoming events and activities. (Charters) Suggested Action: Attachments: 6 Agenda Item No:3.1 CITY COUNCIL Agenda Item Report Meeting Date: February 20, 2024 Submitted by: Isaac Williams Submitting Department: Planning and Development Item Type: Discussion Agenda Section: Subject: Receive a presentation, discuss and provide direction to staff regarding the Elm Street (Commercial Destination) Strategic Focus Area. (Williams) Suggested Action: Attachments: 7 Agenda Item No:3.2 CITY COUNCIL Agenda Item Report Meeting Date: February 20, 2024 Submitted by: Kimberly Thompson Submitting Department: City Secretary Item Type: Discussion Agenda Section: Subject: Council to provide direction to staff regarding future agenda items. (Council) Suggested Action: Attachments: 8 Agenda Item No:4.1 CITY COUNCIL Agenda Item Report Meeting Date: February 20, 2024 Submitted by: Kimberly Thompson Submitting Department: City Secretary Item Type: Minutes Agenda Section: Subject: Consider approving City Council Regular Session meeting minutes from February 6, 2024. (Stewart) Suggested Action: Attachments: February 6, 2024 DRAFT Minutes.docx 9 1 These items are strictly public service announcements. Expressions of thanks, congratulations or condolences; information regarding holiday schedules; honorary recognition of city officials, employees or other citizens; reminders about upcoming events sponsored by the City or other entity that are scheduled to be attended by a city official or city employee. No action will be taken and no direction will be given regarding these items. MINUTES OF THE CITY COUNCIL REGULAR SESSION HELD ON FEBRUARY 6, 2024 The Regular Session of the City Council of the City of The Colony, Texas, was called to order at 6:30 p.m. on the 6 th day of February 2024, at City Hall, 6800 Main Street, The Colony, Texas, with the following roll call: Richard Boyer, Mayor Judy Ensweiler, Deputy Mayor Pro Tem Robyn Holtz, Councilmember Brian Wade, Councilmember Dan Rainey, Councilmember Perry Schrag, Mayor Pro Tem Joel Marks, Councilmember Present Present Present Present Present Present Present And with 7 councilmembers present a quorum was established and the following items were addressed: 1.0 ROUTINE ANNOUNCEMENTS, RECOGNITIONS and PROCLAMATIONS 1.1 Call to Order Mayor Boyer called the meeting to order at 6:30 p.m. 1.2 Invocation Pastor Mark Lien with Crosswalk Fellowship delivered the invocation. 1.3 Pledge of Allegiance to the United States Flag The Pledge of Allegiance to the United States Flag was recited. 1.4 Salute to the Texas Flag Salute to the Texas Flag was recited. 1.5 Items of Community Interest 1.5.1 Receive presentation from Parks and Recreation regarding upcoming events and activities. Special Events Supervisor, Lindsey Stansell, provided upcoming events and activities to the Council. 2.0 CITIZEN INPUT None. 10 City Council – Regular Meeting Agenda February 6, 2024 Page| 2 3.0 WORK SESSION 3.1 Discuss and provide direction to staff regarding future American Heroes event. Special Events Supervisor, Lindsey Stansell, provided an overview of this item. Councilman Marks arrived at 6:40 p.m. Council directed staff on the following: 1) to hold the 1-day event during the 2 nd weekend in November; 2) secure the best act, comedy or band, aligned with the budget; and 3) continuation of the drone show. 3.2 Discuss and provide direction to staff regarding the 2024 City Council Retreat. Assistant City Manager, Tim Miller, presented this item. Council directed staff to tentatively schedule the two-day retreat for the weekend of June 28th at a local site. 3.3 Council to provide direction to staff regarding future agenda items. City Manager, Troy Powell, requested to discuss the zoning on Elm Street and other possible locations within the city. 4.0 CONSENT AGENDA Motion to approve all items from the Consent Agenda - Schrag; second by Ensweiler, motion carried with all ayes. 4.1 Consider approving City Council Regular meeting minutes from January 16, 2024. 4.2 Consider approving a resolution authorizing continued participation with the Steering Committee of Cities served by Oncor. RESOLUTION NO. 2024-012 4.3 Consider approving a resolution authorizing the City Manager to execute an Interlocal agreement among the cities of Aubrey, Carrollton, Celina, Coppell, Denton, Frisco, Highland Village, Lewisville, Pilot Point, Roanoke, Sanger, The Colony, Denton County, Lake Cities Fire Department, the towns of Flower Mound, Little Elm, Prosper, Trophy Club, by and through the Denton County Fire Marshal's Office for the provision of an Arson Task Force in Denton County. RESOLUTION NO. 2024-013 11 City Council – Regular Meeting Agenda February 6, 2024 Page| 3 4.4 Consider approving an ordinance adopting the 2021 Edition of the International Fire Code, and local amendments to the International Fire Code. ORDINANCE NO. 2024-2546 4.5 Consider approving a resolution authorizing the City Manager to execute a contract with Whirlix Design Inc. for the purchase and installation of the Bill Allen Memorial Park playground equipment and synthetic turf through the BuyBoard Purchasing Cooperative in the amount of $270,832.00 to be funded by the Community Development Corporation. RESOLUTION NO. 2024-014 4.6 Consider approving a resolution authorizing the City Manager to reject a bid in the amount of $279,917.75 with Talbert Companies, LLC. for the Arbor Glen Drainage Improvement project. RESOLUTION NO. 2024-015 5.0 REGULAR AGENDA ITEMS 5.1 Conduct a public hearing, discuss and consider an appeal of the Planning and Zoning Commission regarding Amendments to Planned Development 16 (PD-16) to reflect the conceptual layout and development standards for the “Jefferson Morningstar,” an approximately 15,000 square-foot commercial and 710-dwelling unit mixed-use development. The subject site contains approximately 14.95 acres and is located at the northwest intersection of Morningstar Drive and SH 121, (between South Colony Boulevard and Morningstar Drive) within Planned Development 16 (PD-16). Planning Director, Isaac Williams, gave an overview of this item. JPI Representatives, Miller Sylvan and Spencer Ellison, along with Winstead Representative, Tommy Mann, provided clarity to the proposed project. The public hearing opened and closed at 7:45 p.m. with no speakers. Letters of support were submitted from the following businesses: Pizza Vibes, Abuelos, The Thirsty Growler and Shaka Hawaiian BBQ. Council provided discussion on this item. 12 City Council – Regular Meeting Agenda February 6, 2024 Page| 4 Motion to deny-Marks; second by Schrag, motion carried with all ayes with the exception of Wade voting no. 5.2 Discuss and consider an ordinance regarding the Site Plan application for “Hidden Cove Marina and Park, Entrance and Parking, Phase I,” expanding parking, beach improvements, entrance way improvements for an approximately 680 acre area known as Hidden Cove Marina, located at 20400 Hackberry Creek Road within Planned Development 21 (PD-21). Planning Director, Isaac Williams, gave an overview of the site plan application. Councilman Marks briefly stepped out of the meeting at 8:17 p.m. and returned at 8:19 p.m. Motion to approve –Ensweiler; second by Wade, motion carried with all ayes. ORDINANCE NO. 2024-2547 5.3 Discussion and action regarding service of alcohol at Fivestar Park by The Athletic Club. Alex Eicke, 7305 Elm, appeared and spoke against it. Nicole Waldrop, 5241 Hawse Drive, appeared and spoke against it. Council provided discussion on this item. Motion to deny use of alcohol at concession stands – Schrag; second by Holtz, motion carried with all ayes. Executive Session was convened at 8:22 p.m. 6.0 EXECUTIVE SESSION 6.1 A. Council shall convene into a closed executive session pursuant to Sections 551.072 and 551.087 of the Texas Government Code to deliberate regarding purchase, exchange, lease or value of real property and commercial or financial information the city has received from a business prospect(s), and to deliberate the offer of a financial or other incentive to a business prospect(s). Regular Session was reconvened at 8:37 p.m. 7.0 EXECUTIVE SESSION ACTION 7.1 A. Any action as a result of executive session regarding purchase, exchange, lease or value of real property and commercial or financial information the city has received from a business prospect(s), and the offer of a financial or other incentive to a business prospect(s). 13 City Council – Regular Meeting Agenda February 6, 2024 Page| 5 Motion to approve a performance agreement by and between The Colony’s EDC and Primal Steak House in the amount of $750,000.00 for site work and infrastructure, on the terms as discussed in executive session-Ensweiler; second by Marks, motion carried with all ayes. ADJOURNMENT With there being no further business to discuss the meeting adjourned at 8:38 p.m. APPROVED: __________________________________ Richard Boyer, Mayor City of The Colony, Texas ATTEST: _____________________________________ Tina Stewart, TRMC, CMC, City Secretary 14 Agenda Item No:4.2 CITY COUNCIL Agenda Item Report Meeting Date: February 20, 2024 Submitted by: Tina Stewart Submitting Department: City Secretary Item Type: Expenditures Agenda Section: Subject: Consider approving Council expenditures for December 2023. (Council) Suggested Action: Attachments: City Council December 2023 Expenditures.pdf 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Agenda Item No:4.3 CITY COUNCIL Agenda Item Report Meeting Date: February 20, 2024 Submitted by: Molly Owczar Submitting Department: Customer Services Item Type: Resolution Agenda Section: Subject: Consider approving a resolution authorizing the City Manager to amend a purchase order to Atlas Utility Supply Co. to reflect the total amount of $80,000 to purchase meters and meter parts. (Owczar) Suggested Action: This is a budgeted item. Purpose of this request is to increase the encumbrance from $50,000 to $80,000 for the purchase of meters and meter parts. Not increasing the line item, only the encumbrance. Attachments: Res. 2024-xxx Purchase order for Atlas Utility Supply Co..docx 29 CITY OF THE COLONY, TEXAS RESOLUTION NO. 2024 - ________ A RESOLUTION OF THE CITY OF THE COLONY, TEXAS AUTHORIZING THE CITY MANAGER TO AMEND A PURCHASE ORDER TO ATLAS UTILITY SUPPLY CO. TO PURCHASE METERS AND METER PARTS; AND PROVIDING AN EFFECTIVE DATE. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS: Section 1. That the City Council of the City of The Colony, Texas hereby authorizes the City Manager to amend a purchase order to Atlas Utility Supply Co. to reflect the total amount of $80,000 to purchase meters and meter parts. Section 2. That the City Manager and/or his designee are authorized to issue said purchase order. Section 3. That this resolution shall take effect immediately from and after its passage. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS THIS 20TH DAY OF FEBRUARY 2024. ______________________________ Richard Boyer, Mayor City of The Colony, Texas ATTEST: ____________________________________ Tina Stewart, TRMC, CMC, City Secretary APPROVED AS TO FORM: ____________________________________ Jeffrey L. Moore, City Attorney 30 Agenda Item No:4.4 CITY COUNCIL Agenda Item Report Meeting Date: February 20, 2024 Submitted by: Marlisa Jemison Submitting Department: Parks & Recreation Item Type: Resolution Agenda Section: Subject: Consider approving a resolution authorizing the City Manager to issue a purchase order to Turf and Soil Management, LLC in the amount of $53,466.75, to be funded by the Community Development Corporation, for a Turftime FX650 top dresser. (Jemison) Suggested Action: This is a CDC budgeted item. This piece of equipment will allow PARD maintenance to improve the quality of the athletic fields, uniformly spread material on permeable trails, level undeveloped mowing fields, and mulch medians using fewer people and less time. Currently, maintenance uses a spreader, which cannot distribute a wide variety of materials, does not have the capability of moving wet materials, and is not designed for precision dropping of materials. The quote includes setup and delivery of the equipment. Attachments: Turftime PCA quote 1-16-2023.pdf Res. 2024-xxx Turf and Soil Management.docx 31 Date:1/15/2024 Invoice to:Turf and Soil Management, LLC Marlissa Jemison 4531 South I-35W The Colony Parks and Recreation Department Alvarado, Texas 76009 5205 Goodman Drive Office: (817) 854-1210 The Colony, Texas 75056 www.turfandsoil.net Ship to:Will Dutton Marlissa Jemison Grounds Division - Sales Manager The Colony Parks and Recreation Department T&S Management, LLC 5205 Goodman Drive Cell: (214) 500-5409 The Colony, Texas 75056 will@turfandsoil.net Qty Manufacturer Model Description PCA Member Price Total 1 TURFTIME FX650 FX650 6.5yd³ / PTO Driven Hydraulics / Remote Hydraulic Controls / 4 Wheel Chassis. wt.: 3600 lbs $49,968.75 $49,968.75 Setup and Delivery $3,498.00 Sub Total $53,466.75 Sales Tax (8.25%)EXEMPT Total $53,466.75 F.O.B.Destination Pricing:Prices Quoted from PCA Contract # OD-395-23 Name Delivery:6-8 W eeks ARO Title Warranty:Manufacturers' Stated Terms:PO Required for Order - Net 30 Days ARO Date Quote pricing is valid for 30 days. Equipment Quotation Customer Acceptance T&S Equipment Quote - The Colony Parks Department - TurfTime FX650 - 1-15-24 1 32 CITY OF THE COLONY, TEXAS RESOLUTION NO. 2024 - _________ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS, AUTHORIZING THE CITY MANAGER TO ISSUE A PURCHASE ORDER TO TURF AND SOIL MANAGEMENT, LLC FOR THE PURCHASE OF A TURFTIME FX650 TOP DRESSER; AND PROVIDING AN EFFECTIVE DATE. NOW,THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS, THAT: Section 1.That the City Council of the City of The Colony, Texas hereby authorizes the City Manager to issue a purchase order to Turf and Soil Management, LLC. in the amount of $53,466.75 for the purchase of a Turftime FX650 top dresser. Section 2. That the City Manager and/or his designee are authorized to issue said purchase order. Section 3.This resolution shall take effect immediately from and after its passage. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS, THIS 20TH DAY OF FEBRUARY 2024. ____________________________________ Richard Boyer, Mayor City of The Colony, Texas ATTEST: ____________________________________ Tina Stewart, TRMC, CMC, City Secretary APPROVED AS TO FORM: ____________________________________ Jeffrey L. Moore, City Attorney 33 Agenda Item No:4.5 CITY COUNCIL Agenda Item Report Meeting Date: February 20, 2024 Submitted by: Calvin Lehmann Submitting Department: Parks & Recreation Item Type: Resolution Agenda Section: Subject: Consider approving a resolution authorizing the City Manager to execute a contract with STS 360 for the purchase and installation of security cameras at the New Recreation center in an amount not to exceed $80,216.42 to be funded by the Community Development Corporation. (Lehmann) Suggested Action: Attachments: SCE Camera and Server Quote with Labor.pdf Res. 2024-xxx STS 360.doc 34 We have prepared a quote for you Prepared for: City of the Colony(Stewart Creek Elementary School) City Acquired Building - Video Surveillance System Justin Foster jfoster@thecolonytx.govQuote # STS360001351 Version 2 SECURITY TECHNOLOGY SOLUTIONS TURNKEY SECURITY INTEGRATION ADVANCED END-TO-END SECURITY SOLUTIONS 35 14229 Proton Rd Dallas, Texas 75244 sts360.com (972) 392-3635 SECURITY TECHNOLOGY SOLUTIONS Statement of Work STS360 is pleased to offer the below statement of work for City of the Colony. STS360 will be responsible for providing the City of The Colony with the following services and equipment to be implemented with the renovation of Stewart Creek Elementary School. The facility will receive a number of security cameras for the overview and evaluation of Exterior/interior views of the facilities. The building is centralized to a single MDF closet that will be installed in the middle of the school building. This video is to be accessible to the City of the Colony. STS360 has proposed a solution including installation, operation and services for the complete system as requested. STS360 will be responsible for installing, configuring and servicing the following, including but not limited to: Installation and Cabling of (7) WV-S8544L 4X4MP(16MP)Outdoor Multi-Directional Network Cameras with AI Engine for the exterior facility, parking, entries, and pedestrian traffic.  o Each Multi Sensor camera will be divided into (4) views as designated by a user. Installation and Cabling of (8) WV-S25500-V3LN 5MP Outdoor Dome Network Cameras with AI engine for the overview and surveillance of entries and Exits. Installation and Cabling of (3) WV-S2236LA 2MP indoor Dome Network Cameras with AI engine for the overview and surveillance of entries and Exits. Programming of (18) Cameras with a combined (39 Video Management Software views) and configuration of views, naming conventions, and addition of views to existing City System Users. Programming of (1) New NVR-RL-2-192TB-V4 Rack mounted NVR. Provision of Submittal Documents and System Documentation It is the Client's responsibility to provide the following: Network WAN/LAN All PoE Network Switch Ports (18 counted in this estimate) Network Enclosure, Workstations, Keyboards, etc. All AC Power Page: 2 of 6Quote #STS360001351 v2 TXDPS: B10434601 HUB: 1202542335600 36 14229 Proton Rd Dallas, Texas 75244 sts360.com (972) 392-3635 SECURITY TECHNOLOGY SOLUTIONS Statement of Work Placing a Service Request Call Toll Free Dedicated Number: (866) 506-7446 or email techsupport@sts360.com Our Technical Support Group (TSG) is there for you 24x7x365 and is just a phone call away. A live person will answer immediately, do some basic troubleshooting, and generate a work order while the THE OWNER is on the phone with TSG representative. If they are unable to assist you to a successful fix of the issue, they will immediately reassign the work order and contact the appropriate Level 2 support personnel who will be in contact within 2 hours or less to help resolve the issue, direct you to submit an RMA, and/ or dispatch an on-site technician. We request the party submitting the work order have some of the following information ready when calling the TSG, because the more information provided, the better we can assist in resolving the issue more expeditiously. STS will request the following information in order to expedite service. Customer / Site Name Your Contact Information and Title Sales Invoice / Work Order / Or Purchase Order Number (if available) Pertinent Information relating to your service request Device IP Number / Camera Number Device Location Description of issue / concern DIR-CPO-4697 Part Number Mfg.Description Qty MSRP DIR Disc Price Ext. Price WV-S8544L i-PRO 4X4MP(16MP) MULTI-SENSOR OUTDOOR VANDAL RESISTANCE CAMERA WITH AI ENGINE. H.265/H.264/MJPEG. 2.9-7.3MM 2.5X MOTORIZED ZOOM LENS. 2699X1520PIXEL UP TO 30FPS. IR LED, IP66, IP67, IK10, FIPS 140-2 LEVEL 3 COMPLIANT, 5 YEAR WARRANTY. VIDEO INSIGHT 7.9.X OR HI 7 $2,668.97 30.16%$1,864.11 $13,048.77 PACA4W i-PRO Corner Mount Adaptor White 7 $103.60 30.15%$72.36 $506.52 PWM25W i-PRO GOOSENECK WALL MOUNT FOR OUTDOOR CAMERAS. 1-1/2" NPT ANSI MALE THREAD. COMPATIBLE PRODUCTS : WV-X65XX/S65XX, PS781, PS485W, WV-QAT501-S. PAPM4 , PACA4 . SUCCESSOR MODEL OF PWM20GS (SILVER). WHITE COLOR 7 $51.93 30.16%$36.27 $253.89 Page: 3 of 6Quote #STS360001351 v2 TXDPS: B10434601 HUB: 1202542335600 37 14229 Proton Rd Dallas, Texas 75244 sts360.com (972) 392-3635 SECURITY TECHNOLOGY SOLUTIONS DIR-CPO-4697 Part Number Mfg.Description Qty MSRP DIR Disc Price Ext. Price WV- QSR503F1- W i-PRO SHROUD BRACKET (ANSI Female Thread), COMPATIBLE WITH WV-S857X/S856X/S854X, AND PWM40W, PWM25W, PPRM35W, WHITE 7 $50.54 30.15%$35.30 $247.10 WV- QCA501A i-PRO Multi I/O cable for Alarm in/out, 12V DC input, 7 $50.55 30.15%$35.31 $247.17 WV-S25500- V3LN i-PRO 5MP OUTDOOR VANDAL RESISTANT DOME CAMERA WITH AI ENGINE, H.265/H.264/MJPEG, 2.9-9MM 3.1X MOTORIZED ZOOM LENS, IR LED, IP66, IK10, FIPS 140-2 LEVEL 3 COMPLIANT, CLEARSIGHT DOME, 5 YEAR WARRANTY, VIDEO INSIGHT 7.9.2 OR HIGHER 8 $1,033.10 30.16%$721.55 $5,772.40 WV-S2236LA i-PRO 1080P INDOOR VANDAL DOME CAMERA WITH AI ENGINE, H.265/H.264/MJPEG, 2.9- 9.0MM 3.1X MOTORIZED ZOOM LENS, IR LED, IK10, FIPS 140-2 LEVEL 3 COMPLIANT, 5 YEAR WARRANTY, VIDEO INSIGHT 7.9.X OR HIGHER 3 $701.77 30.16%$490.14 $1,470.42 NVR-RL-2- 192TB-V4 i-PRO i-PRO SRL3E 2x Xeon Silver 8C/16T CPU 64GB RAM Windows Server 2019 STD OS Installed on 2x M.2 SSD (RAID1) - Storage: 12 x 16TB Enterprise HDD (192TB Total 176TB Usable After RAID 5) 2 x 1GB RJ-45 1 $34,325.0 0 30.05%$24,009.20 $24,009.20 77-240-2B Superior Essex 77-240-2B 4 Pair 23 AWG CMP CAT6 , 1000ft, Blue 5 $599.00 41.71%$349.19 $1,745.95 MISC STS360 Misc. Accessories and Consumables 1 $7,000.00 48.57%$3,600.00 $3,600.00 TPM STS360 Project Management, Hardware and Software Programming 1 $13,930.0 0 50.00%$6,965.00 $6,965.00 LABOR STS360 Project Implementation and Installation 1 $33,500.0 0 50.00%$16,750.00 $16,750.00 Subtotal:$74,616.42 Page: 4 of 6Quote #STS360001351 v2 TXDPS: B10434601 HUB: 1202542335600 38 14229 Proton Rd Dallas, Texas 75244 sts360.com (972) 392-3635 SECURITY TECHNOLOGY SOLUTIONS Warranty Part Number Mfg.Description Qty MSRP DIR Disc Price Ext. Price WAR0001 STS360 1 Year Onsite Parts and Labor Warranty 1 $11,200.0 0 50.00%$5,600.00 $5,600.00 Subtotal:$5,600.00 Page: 5 of 6Quote #STS360001351 v2 TXDPS: B10434601 HUB: 1202542335600 39 14229 Proton Rd Dallas, Texas 75244 sts360.com (972) 392-3635 SECURITY TECHNOLOGY SOLUTIONS (Stewart Creek Elementary School) City Acquired Building - Video Surveillance System Prepared by:Prepared for:Quote Information: STS360 City of the Colony Quote #: STS360001351 Chandler Rawlings 940-366-5831 Fax (866) 223-8167 Chandler@sts360.com 4431 Augusta St, The Colony, , TX 75056 Justin Foster (972) 624-3125 jfoster@thecolonytx.gov Version: 2 Delivery Date: 01/23/2024 Expiration Date: 01/31/2024 Quote Summary Description Amount DIR-CPO-4697 $74,616.42 Warranty $5,600.00 Total:$80,216.42 Taxes, shipping, handling and other fees may apply. We reserve the right to cancel orders arising from pricing or other errors. Net 30-Day Payment standard. STS360 City of the Colony Signature: Name:Chandler Rawlings Title:Sales Representative Date:01/23/2024 Signature: Name: Date: Page: 6 of 6Quote #STS360001351 v2 TXDPS: B10434601 HUB: 1202542335600 40 CITY OF THE COLONY C Interior 1080P CameraQTY: 3 C Exterior 5MP Camera C 4xMP Multisensor Camera C Interior 1080P Camera C Interior 1080P Camera CExterior 5MP Camera C Exterior 5MP Camera CExterior 5MP Camera CExterior 5MP Camera CExterior 5MP Camera C Exterior 5MP Camera CExterior 5MP Camera QTY: 8 QTY: 7 41 Get In Touch info@sts360.com sts360.com 14229 Proton Rd, Dallas, TX 75244 (972) 392-3635 @sigma-sts-360 W E A R E H E R E T O H E L P M A K E G R E A T S E C U R I T Y A C C E S S I B L E 1202542335600 B10434601 DIR-CPO-4770 654-21 Inc5000 42 CITY OF THE COLONY, TEXAS RESOLUTION NO. 2024 – _______ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS, AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH STS 360 FOR THE PURCHASE AND INSTALLATION OF SECURITY CAMERAS AT THE NEW RECREATION CENTER TO BE FUNDED BY THE COMMUNITY DEVELOPMENT CORPORATION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City has determined that it is in the best interest of the City to enter into a contract with STS 360 for the purchase and installation of cameras at the new Recreation Center; and WHEREAS, with this contract, the City of The Colony is agreeing to the services not to exceed the amount of $80,216.42 for such work to be funded by the Community Development Corporation. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS, THAT: Section 1.The contract, having been reviewed by the City Council of the City of The Colony, Texas, and found to be acceptable and in the best interest of the City and its citizens, be, and the same is hereby, in all things approved. Section 2. The City Manager is hereby authorized to execute the contract on behalf of the City of The Colony, Texas. Section 3.This resolution shall take effect immediately from and after its adoption and it is so resolved. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS THIS 20TH DAY OF FEBRUARY 2024. _____________________________ Richard Boyer, Mayor City of The Colony, Texas ATTEST: ___________________________________ Tina Stewart, TRMC, CMC, City Secretary 43 APPROVED AS TO FORM: ___________________________________ Jeffrey L. Moore, City Attorney 44 Agenda Item No:4.6 CITY COUNCIL Agenda Item Report Meeting Date: February 20, 2024 Submitted by: Bret McCullough Submitting Department: Engineering Item Type: Resolution Agenda Section: Subject: Consider approving ordinances amending the Code of Ordinances by repealing the 2018 Editions of International Codes and adopting the 2021 Editions of the following International Codes - the International Residential Code, International Building Code, International Mechanical Code, International Plumbing Code, International Energy Conservation Code, International Fuel Gas Code, International Swimming Pool and Spa Code, International Existing Building Code, all with local amendments; and repealing the 2017 Edition of the National Electric Code and replacing it with the 2020 Edition of the National Electric Code with local amendments. (McCullough) Suggested Action: In previous Council action January 5, 2021, the 2018 Editions of the International Codes and the 2017 Edition of the National Electrical code were adopted for use in the city. Also included was the recommended amendment package from the Regional Code Coordinating Committee (RCCC) of the North Central Texas Council of Governments (NCTCOG). NCTCOG provides regional amendments each time a new edition of the International Codes and the National Electrical Code are published every three years. Almost every city in the region uses the NCTCOG amendments to provide uniformity of interpretation and application of the codes. It is important to keep up to date with new code developments so developers, engineers, architects, and contractors can utilize the latest technologies and uniformity between jurisdictions. The building and fire departments undergo evaluation every three to four years by ISO (Insurance Services Office) in order to help set insurance rates for the city. It is vital to move to the 2021 International Codes and the 2017 National Electrical Code in order to maintain ISO ratings for the building and fire departments. The building department must adopt codes that are not more than five years older than the latest editions. The next ISO audit for the building department should take place within the next year. Attachments: Ord. 2024-xxxx International Building Code - 2021 Edition with local amendments.docx Ord. 2024-xxxx International Energy Conservation Code - 2021 Edition with local amendments.docx Ord. 2024-xxxx International Existing Building Code - 2021 Edition with local amendments.docx Ord. 2024-xxxx - International Fuel Gas Code - 2021 Edition with local amendments.docx Ord. 2024-xxxx International Mechanical Code - 2021 Edition with local amendments.docx Ord. 2024-xxxx International Plumbing Code - 2021 Edition with local amendments.docx Ord. 2024-xxxx International Residential Code - 2021 Edition with local amendments.docx 45 Ord. 2024-xxxx International Swimming Pool and Spa Code - 2021 Edition with local amendments.docx Ord. 2024-xxxx National Electrical Code - 2020 Edition with local amendments.docx 46 Page 1 of 19 CITY OF THE COLONY, TEXAS ORDINANCE NO. 2021 INTERNATIONAL BUILDING CODE WITH LOCAL AMENDMENTS AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS, AMENDING CHAPTER 6, ARTICLE I OF THE CODE OF ORDINANCES OF THE CITY OF THE COLONY, TEXAS, BY REPEALING IN ITS ENTIRETY SECTION 6-2, ENTITLED "INTERNATIONAL BUILDING CODE ADOPTED" AND REPLACING IT WITH A NEW SECTION 6-2, ENTITLED "INTERNATIONAL BUILDING CODE ADOPTED" BY ADOPTING THE 2021 EDITION OF THE INTERNATIONAL BUILDING CODE, AND LOCAL AMENDMENTS TO THE INTERNATIONAL BUILDING CODE;PROVIDING A SEVERABILITY CLAUSE; PROVIDING A REPEALER CLAUSE; PROVIDING A PENALTY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council of the City of The Colony, Texas, is of the opinion that the 2021 Edition of the International Building Code, along with local amendments hereto, should be adopted as the Building Code for the City of The Colony. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS: SECTION 1. That the findings set forth above are incorporated into the body of this Ordinance as if fully set forth herein. SECTION 2. That the Code of Ordinances of the City of The Colony, Texas, be, and the same is, hereby amended by amending Chapter 6, Article I, by repealing in its entirety Section 6- 2, and replacing it with a new Section 6-2, entitled "International Building Code Adopted" which shall read as follows: “Sec. 6-2. International Building Code Adopted. (a)Adoption. The International Building Code with Appendices A through J, 2021 edition, is hereby adopted and designated as the Building Code for the City of The Colony, Texas. A copy of the 2021 Edition of the International Building Code is on file in the office of the City Secretary. (b)Local Amendments.The following provisions are local amendments to the 2021 International Building Code. Each provision is a substitute for the identically numbered provision contained in the 2021 Edition of the International Building Code or is a provision added to the 2021 Edition of the International Building Code, and is attached hereto as Exhibit A to this Ordinance.” 47 Page 2 of 19 SECTION 3.If any section, article paragraph, sentence, clause, phrase or word in this Ordinance, or application thereto any persons or circumstances is held invalid or unconstitutional by a Court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this Ordinance; and the City Council hereby declares it would have passed such remaining portions of this Ordinance despite such invalidity, which remaining portions shall remain in full force and effect. SECTION 4.That all provisions of the Ordinances of the City of The Colony, Texas, in conflict with the provisions of this Ordinance be, and the same are hereby amended, repealed, and all other provisions of the Ordinances of the City not in conflict with the provisions of this Ordinance shall remain in full force and effect. SECTION 5.Any person, firm, or corporation violating any of the provisions of this Ordinance shall be deemed guilty of a misdemeanor and, upon conviction in the municipal court of the City of The Colony, Texas, shall be punished by a fine not to exceed the sum of Two Thousand Dollars ($2,000.00) for each offense. Every day a violation occurs shall constitute a separate offense. SECTION 6. This Ordinance shall become effective from and after its date of passage in accordance with law. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS, THIS day of FEBRUARY, 2024. Richard Boyer, Mayor ATTEST: Tina Stewart, TRMC, CMC City Secretary APPROVED AS TO FORM: Jeff Moore, City Attorney 48 Page 3 of 19 Exhibit A [International Building Code Local Amendments] 49 Page 4 of 19 Section 101.1 Title; change to read as follows: These regulations shall be known as the Building Code of the city of The Colony, herein referred to as “this code.” Section 101.4; change to read as follows: 101.4 Referenced codes. The other codes listed in Sections 101.4.1 through 101.4.8 and referenced elsewhere in this code, when specifically adopted, shall be considered part of the requirements of this code to the prescribed extent of each such reference. Whenever amendments have been adopted to the referenced codes and standards, each reference to said code and standard shall be considered to reference the amendments as well. Any reference to NFPA 70 or the Electrical Code shall mean the National Electrical Code as adopted. Section 101.4.8; add the following: 101.4.8 Electrical. The provisions of the Electrical Code shall apply to the installation of electrical systems, including alterations, repairs, replacement, equipment, appliances, fixtures, fittings and appurtenances thereto. 104.10.1; Flood Hazard Areas. Sections 104.2.1, 104.10.1, 110.3.12.1, 1612, and 3114 are all inter-connected related to flood hazard areas, and amendments or deletions should be considered as a whole. 103 and 103.1; Creation of enforcement agency. The department of Building Inspections is hereby created and the official in charge thereof shall be known as the building official. Section 105.2 Work exempt from permit; under sub-title entitled “Building” delete items 1, 2, 10 and 11 and re-number as follows: Building: 1. Oil derricks. 2. Retaining walls that are less than 4 feet (1219 mm) in height measured from the bottom of the footing to the top of the wall, unless supporting a surcharge or impounding Class I, II or IIIA liquids. 3. Water tanks supported directly on grade if the capacity is not greater than 5,000 gallons (18 925 L) and the ratio of height to diameter or width is not greater than 2:1. 4. Painting, papering, tiling, carpeting, cabinets, counter tops and similar finish work. 5.Prefabricated swimming pools accessory to a Group R-3 occupancy that are less than 24 inches (610 mm) deep, are not greater than 5,000 gallons (18 925 L) and are installed entirely above ground. Section 109; amend to add Section 109.7 to read as follows: 109.7 Re-inspection Fee. A fee as established by city council resolution may be charged when: 1. The inspection called for is not ready when the inspector arrives; 2. No building address or permit card is clearly posted; 3. City approved plans are not on the job site available to the inspector; 50 Page 5 of 19 4. The building is locked or work otherwise not available for inspection when called; 5. The job site is red-tagged twice for the same item; 6. The original red tag has been removed from the job site. 7. Failure to maintain erosion control, trash control or tree protection. Any re-inspection fees assessed shall be paid before any more inspections are made on that job site. Section 109; amend to add Sections 109.8, 109.8.1, 109.8.2 and 109.9 to read as follows: 109.8 Work without a permit. 109.8.1 Investigation. Whenever work for which a permit is required by this code has been commenced without first obtaining a permit, a special investigation shall be made before a permit may be issued for such work. 109.8.2 Fee. An investigation fee, in addition to the permit fee, shall be collected whether or not a permit is subsequently issued. The investigation fee shall be equal to the amount of the permit fee required by this code or the city fee schedule as applicable. The payment of such investigation fee shall not exempt the applicant from compliance with all other provisions of either this code or the technical codes nor from penalty prescribed by law. 109.9 Unauthorized cover up fee. Any work concealed without first obtaining the required inspection in violation of Section 110 shall be assessed a fee as established by the city fee Schedule. Section 202; amend definition of Ambulatory Care Facility as Follows. [B]AMBULATORY CARE FACILITY. Building or portions of buildings thereof used to provide medical, surgical, psychiatric, nursing or similar care on a less than 24-hour basis to persons who are rendered incapable of self-preservation by the services provided or staff has accepted responsibility for care recipients already incapable. This group may include but not be limited to the following: -Dialysis Centers -Sedation Dentistry -Surgery Centers -Colonic Centers -Psychiatric centers -Procedures involving sedation. Section 202; add definition of Assisting Living Facilities to read as follows. ASSISTDED LIVING FACILITIES. A building or part thereof housing persons on a 24-hour basis, who because of age, mental disability or other reasons, live in a supervised residential environment which provides personal care services. The occupants are capable of responding to an emergency situation without physical assistance from staff. Section 202; amend definition to read as follows: 51 Page 6 of 19 HIGH-RISE BUILDING. A building with an occupied floor located more than 55 feet (16.764 m) above the lowest level of fire department vehicle access. Section 202; amend definition of “Repair Garage” as follows: REPAIR GARAGE. A building, structure or portion thereof used for servicing or repairing motor vehicles. This occupancy shall also include garages involved in minor repair, modification and servicing of motor vehicles for items such as lube changes, inspections, auto collision repair, windshield repair or replacement, shocks, minor part replacement and other such minor repairs. Section 202: amend definition of SPECIAL INSPECTOR to read as follows: SPECIAL INSPECTOR. A qualified person employed by an approved agency who shall prove to the satisfaction of the design professional in responsible charge and The Building Official as having the competence necessary to inspect a particular type of construction requiring special inspection. Section 303.1.3; add a sentence to read as follows: 303.1.3 Associated with Group E occupancies. A room or space used for assembly purposes that is associated with a Group E occupancy is not considered a separate occupancy when applying assembly requirements of Chapters 10 and 11. Section 304.1; add the following to the list of occupancies: Fire Stations Police Stations with detention facilities for 5 or less. Section 401; add following section to read as follows: Section 403.3, Automatic Sprinkler System. Delete exception: Section 403.2; change to read as follows: 403.2 Water supply to required fire pumps. In buildings that are more than 120 feet (36.5 m) in building height, required fire pumps shall be supplied by connections to no fewer than two water mains located in different streets. Separate supply piping shall be provided between each connection to the water main and the pumps. Each connection and the supply piping between the connection and the pumps shall be sized to supply the flow and pressure required for the pumps to operate. (no change to exception). Section 403.2; change to read as follows: Section 403.2 Exit Stairways in an atrium. Where an atrium contains an exit access stairway all the following must be met. [Remainder Unchanged] Section 406.3.3.1 Carport separation; add sentence to read as follows: A fire separation is not required between a Group R-2 and U carport, provided the carport is entirely open on all sides and the distance between the two is at least 10 feet (3 m). Section 423.5.1; change to read as follows: The required occupancy capacity of the storm shelter shall include all of the buildings on the site and shall be the 52 Page 7 of 19 1. Total occupant load of the classrooms. Vocational rooms and offices in the Group E occupancy. Exceptions: 1. Where a new building is being added on an existing Group E site. And where the new building is not of sufficient size to accommodate the required occupant capacity of the storm shelter for all of the buildings on the site, the storm shelter shall at a minimum accommodate the required occupant capacity for the new building. 2. Where approved by the Building Official, the required occupant capacity of the shelter of the shelter shall be permitted to be reduced by the occupant capacity of any existing storm shelters on the site. 3. Where approved by the Building Official, the actual number of occupants for whom each occupied space, floor or building is designed, although less than those determined by the occupant capacity for the storm shelter. Table 506.2; delete footnote i from table. Section 506.3.1; add sentence to read as follows: 506.3.1 Minimum percentage of perimeter. [Existing Text remains] In order to be considered as accessible, if not in direct contact with a street or fire lane, a minimum 10-foot wide pathway meeting fire department access from the street or approved fire lane shall be provided. Section 602.1.1; add sentence to read as follows: 602.1.1 Minimum Requirements. A building or portion thereof shall not be required to conform to the details of a type of construction higher than that type which meets the minimum requirements based on occupancy even though certain features of such a building actually conform to a higher type of construction. Where a building contains more than one distinct type of construction, the entire building shall comply with the most restrictive design criteria (area, height, and stories) for the lesser type of construction, or be separated by fire walls. Section 708.4.2; change sentence to read as follows: 708.4.2 Fireblocks and draftstops in combustible construction. [Body of text unchanged] Exceptions 1. Buildings equipped with automatic sprinkler systems installed throughout in accordance with Section 903.3.1.1, or in accordance with Section 903.3.1.2 provided that sprinkler protection is provided in the space between the top of the fire partition and the underside of the floor or roof sheathing, deck or slab above as required for systems complying with Section 903.1.1. Portions of buildings containing spaces filled with noncombustible insulation as permitted for sprinkler omission shall not apply to the exception for draft stopping. [Remainder unchanged] Section 718.3; change sentence to read as follows: 718.3 Draft stopping in floors. [Body of text unchanged] 53 Page 8 of 19 Exceptions: Buildings equipped throughout with an automatic sprinkler system in accordance with Section 903.1.1and provided that in combustible construction, sprinkler protection is provided in the attic space. Section 901.6.1; add Section 901.6.1.1 to read as follows: 901.6.1.1 Standpipe Testing. Building owners/managers must maintain and test standpipe systems as per NFPA 25 requirements. The following additional requirements shall be applied to the testing that is required every 5 years: 1. The piping between the Fire Department Connection (FDC) and the standpipe shall be back flushed or inspected by approved camera when foreign material is present or when caps are missing, and also hydrostatically tested for all FDC’s on any type of standpipe system. Hydrostatic testing shall also be conducted in accordance with NFPA 25 requirements for the different types of standpipe systems. 2. For any manual (dry or wet) standpipe system not having an automatic water supply capable of flowing water through the standpipe, the tester shall connect hose from a fire hydrant or portable pumping system (as approved by the fire code official) to each FDC, and flow water through the standpipe system to the roof outlet to verify that each inlet connection functions properly. Confirm that there are no open hose valves prior to introducing water into a dry standpipe. There is no required pressure criteria at the outlet. Verify that check valves function properly and that there are no closed control valves on the system. 3. Any pressure relief, reducing, or control valves shall be tested in accordance with the requirements of NFPA 25. All hose valves shall be exercised. 4. If the FDC is not already provided with approved caps, the contractor shall install such caps for all FDC’s as required by the fire code official. 5. Upon successful completion of standpipe test, place a blue tag (as per Texas Administrative Code, Fire Sprinkler Rules for Inspection, Test and Maintenance Service (ITM) Tag) at the bottom of each standpipe riser in the building. The tag shall be check- marked as “Fifth Year” for Type of ITM, and the note on the back of the tag shall read “5 Year Standpipe Test” at a minimum. 6. The procedures required by Texas Administrative Code Fire Sprinkler Rules with regard to Yellow Tags and Red Tags or any deficiencies noted during the testing, including the required notification of the local Authority Having Jurisdiction (fire code official) shall be followed. 54 Page 9 of 19 7. Additionally, records of the testing shall be maintained by the owner and contractor, if applicable, as required by the State Rules mentioned above and NFPA 25. 8. Standpipe system tests where water will be flowed external to the building shall not be conducted during freezing conditions or during the day prior to expected nighttime freezing conditions. 9. Contact the fire code official for requests to remove existing fire hose from Class II and III standpipe systems where employees are not trained in the utilization of this firefighting equipment. All standpipe hose valves must remain in place and be provided with an approved cap and chain when approval is given to remove hose by the fire code official. Section 903.1.1; change to read as follows: 903.1.1 Alternative Protection. Alternative automatic fire-extinguishing systems complying with Section 904 shall be permitted in addition to automatic sprinkler protection where recognized by the applicable standard or as approved by the fire code official. Section 903.2; add paragraph to read as follows and delete the exception: Automatic Sprinklers shall not be installed in elevator machine rooms, elevator machine spaces, and elevator hoist ways, other than pits where such sprinklers would not necessitate shunt trip requirements under any circumstances. Storage shall not be allowed within the elevator machine room. Signage shall be provided at the entry doors to the elevator machine room indicating “ELEVATOR MACHINERY – NO STORAGE ALLOWED.” Section 903.2.9.4; add Section 903.2.9.5 to read as follows: 903.2.9.5 Self-Service Storage Facility. An automatic sprinkler system shall be installed throughout all self-service storage facilities. 55 Page 10 of 19 OPTION B Section 903.2.11; change 903.2.11.3 and add 903.2.11.7 and 903.2.11.8, as follows: 903.2.11.3 Buildings 35 Feet or more in Height. An automatic sprinkler system shall be installed throughout buildings that have one or more stories other than penthouses in compliance with Section 1510 of the International Building Code, located 35 feet (10,668 mm) or more above the lowest level of fire department vehicle access, measured to the finished floor. Exceptions: [Delete] 903.2.11.7 High-Piled Combustible Storage. For any building with a clear height exceeding 12 feet (4572 mm), see Chapter 32 to determine if those provisions apply. 903.2.11.8 Spray Booths and Rooms. New and existing spray booths and spraying rooms shall be protected by an approved automatic fire-extinguishing system. 903.2.11.9 Buildings Over 6,000 sq. ft. An automatic sprinkler system shall be installed throughout all buildings with a building area 6,000 sq. ft. or greater and in all existing buildings that are enlarged to be 6,000 sq. ft. or greater. For the purpose of this provision, fire walls shall not define separate buildings. Exception: [Delete] Section 903.3.1.1.1; change to read as follows: 903.3.1.1.1 Exempt Locations. When approved by the fire code official, automatic sprinklers shall not be required in the following rooms or areas where such ...{text unchanged}… because it is damp, of fire-resistance-rated construction or contains electrical equipment. 1. Any room where the application of water, or flame and water, constitutes a serious life or fire hazard. 2. Any room or space where sprinklers are considered undesirable because of the nature of the contents, when approved by the fire code official. 3. Generator and transformer rooms, under the direct control of a public utility, separated from the remainder of the building by walls and floor/ceiling or roof/ceiling assemblies having a fire-resistance rating of not less than 2 hours. 4. [Delete] 5. Elevator machine rooms, and machinery spaces, and hoist ways, other than pits where such sprinklers would not necessitate shunt trip requirements under any circumstances. 6. [Delete] Section 903.1.2; change to read as follows: Section 903.1.2NFPA 13R sprinkler systems. Automatic sprinkler systems in Group R occupancies shall be permitted to be installed throughout in accordance with NFPA 13R where the Group R occupancy meets all of the following conditions: 56 Page 11 of 19 1. Four stories or less above grade plane 2. The floor level of the highest story is 35 feet (10668 mm) or less above the lowest level of fire department vehicle access 3. The floor level of the lowest story is 35 feet (10668 mm) or less below the lowest level of fire department vehicle access. [no change to remainder of section] Section 903.3.1.2.2; change to read as follows: 903.3.1.2.2; Corridors and balconies. Sprinkler protection shall be provided in all corridors and for all balconies. [delete the rest of this section] Section 903.3.1.2.3. Delete section and replace as follows. [F]Section 903.3.1.2.3 Attached Garages and Attics. Sprinkler protection is required in attached garages, and in the following attic spaces: 1. Attics that are used or intended for living purposes or storage shall be protected by an automatic sprinkler system. 2. Where fuel-fired equipment is installed in an unsprinklered attic, not fewer than one quick- response intermediate temperature sprinkler shall be installed above the equipment. 3. Attic spaces of buildings that are two or more stories in height above grade plane or above the lowest level of fire department vehicle access. 4. Group R-4, Condition 2 occupancy attics not required by Item 1 or 3 to have sprinklers shall comply with one of the following: 4.1. Provide automatic sprinkler system protection. 4.2. Provide a heat detection system throughout the attic that is arranged to activate the building fire alarm system. 4.3. Construct the attic using noncombustible materials. 4.4. Construct the attic using fire-retardant-treated wood complying with Section 2303.2 of the International Building Code. 4.5. Fill the attic with noncombustible insulation. 903.3.1.3 NFPA 13D Sprinkler Systems. Automatic sprinkler systems installed in one- and two- family dwellings; Group R-3; Group R-4, Condition 1; and townhouses shall be permitted to be installed throughout in accordance with NFPA 13D or in accordance with state law. [F] 903.3.1.4 Freeze protection.Freeze protection systems for automatic fire sprinkler systems shall be in accordance with the requirements of the applicable referenced NFPA standard and this section. 903.3.1.4.1 Attics.Only dry-pipe, preaction, or listed antifreeze automatic fire sprinkler systems shall be allowed to protect attic spaces. Exception:Wet-pipe fire sprinkler systems shall be allowed to protect non- ventilated attic spaces where: 1. The attic sprinklers are supplied by a separate floor control valve assembly to allow ease of draining the attic system without impairing sprinklers throughout the rest of the building, and 57 Page 12 of 19 2. Adequate heat shall be provided for freeze protection as per the applicable referenced NFPA standard, and 3. The attic space is a part of the building’s thermal, or heat, envelope, such that insulation is provided at the roof deck, rather than at the ceiling level. 903.3.1.4.2 Heat trace/insulation.Heat trace/insulation shall only be allowed where approved by the fire code official for small sections of large diameter water-filled pipe. Section 903.3.5; add a second paragraph to read as follows: Water supply as required for such systems shall be provided in conformance with the supply requirements of the respective standards; however, every water-based fire protection system shall be designed with a 10 psi safety factor. Reference Section 507.4 for additional design requirements. Section 903.4; add a second paragraph after the exceptions to read as follows: Sprinkler and standpipe system water-flow detectors shall be provided for each floor tap to the sprinkler system and shall cause an alarm upon detection of water flow for more than 45 seconds. All control valves in the sprinkler and standpipe systems except for fire department hose connection valves shall be electrically supervised to initiate a supervisory signal at the central station upon tampering. Section 903.4.2; add second paragraph to read as follows: The alarm device required on the exterior of the building shall be a weatherproof horn/strobe notification appliance with a minimum 75 candela strobe rating, installed as close as practicable to the fire department connection. Section 905.2; change to read as follows: 905.2 Installation Standard. Standpipe systems shall be installed in accordance with this section and NFPA 14. Manual dry standpipe systems shall be supervised with a minimum of 10 psig and a maximum of 40 psig air pressure with a high/low alarm. Section 905.3; add Section 905.3.9 and exception to read as follows: 905.3.9 Buildings Exceeding 10,000 sq. ft.In buildings exceeding 10,000 square feet in area per story and where any portion of the building’s interior area is more than 200 feet (60960 mm) of travel, vertically and horizontally, from the nearest point of fire department vehicle access, Class I automatic wet or manual wet standpipes shall be provided. Exceptions: 1.Automatic dry, semi-automatic dry, and manual dry standpipes are allowed as provided for in NFPA 14 where approved by the fire code official. 2.R-2 occupancies of four stories or less in height having no interior corridors. 58 Page 13 of 19 Section 905.4, change Item 1, 3, and 5, and add Item 7 to read as follows: 1. In every required exit stairway, a hose connection shall be provided for each story above and below grade plane. Hose connections shall be located at an intermediate landing between stories, unless otherwise approved by the fire code official. 2. {No change.} 3. In every exit passageway, at the entrance from the exit passageway to other areas of a building. Exception: Where floor areas adjacent to an exit passageway are reachable from an interior exit stairway hose connection by a {remainder of text unchanged} 4. {No change.} 5. Where the roof has a slope less than four units vertical in 12 units horizontal (33.3-percent slope), each standpipe shall be provided with a two-way a hose connection located to serve the roof or at the highest landing of an exit stairway with stair access to the roof provided in accordance with Section 1011.12. 6. {No change.} 7.When required by this Chapter, standpipe connections shall be placed adjacent to all required exits to the structure and at two hundred feet (200’) intervals along major corridors thereafter, or as otherwise approved by the fire code official. Section 905.8; change to read as follows: 905.8 Dry standpipes. Dry standpipes shall not be installed. Exception: Where subject to freezing and in accordance with NFPA 14. Additionally, manual dry standpipe systems shall be supervised with a minimum of 10 psig and a maximum of 40 psig air pressure with a high/low Supervisory alarm. Section 905.9; add a second paragraph after the exceptions to read as follows: Sprinkler and standpipe system water-flow detectors shall be provided for each floor tap to the sprinkler system and shall cause an alarm upon detection of water flow for more than 45 seconds. All control valves in the sprinkler and standpipe systems except for fire department hose connection valves shall be electrically supervised to initiate a supervisory signal at the central station upon tampering. Section 907.1; add Section 907.1.4 and 907.1.5 to read as follows: 907.1.4 Design Standards. Where a new fire alarm system is installed, the devices shall be addressable. Fire alarm systems utilizing more than 20 smoke detectors shall have analog initiating devices. Section 907.2.1; change to read as follows: 907.2.1 Group A. A manual fire alarm system that activates the occupant notification system in accordance with Section 907.5 shall be installed in Group A occupancies having an occupant load of 300 or more persons, or where the occupant load is more than 100 persons above or below the lowest level of exit discharge. Group A occupancies not separated from one another in accordance with Section 707.3.10 ofthe International Building Code shall be considered as a single occupancy for the purposes of applying this section. Portions of Group E occupancies occupied for assembly purposes shall be provided with a fire alarm system as required for the Group E occupancy. 59 Page 14 of 19 Exception: {No change.} Activation of fire alarm notification appliances shall: 1. Cause illumination of the means of egress with light of not less than 1 foot-candle (11 lux) at the walking surface level, and 2. Stop any conflicting or confusing sounds and visual distractions. Section 907.2.3; change to read as follows: 907.2.3 Group E. A manual fire alarm system that initiates the occupant notification signal utilizing an emergency voice/alarm communication system meeting the requirements of Section 907.5.2.2 and installed in accordance with Section 907.6 shall be installed in Group E educational occupancies. When automatic sprinkler systems or smoke detectors are installed, such systems or detectors shall be connected to the building fire alarm system. An approved smoke detection system shall be installed in Group E day care occupancies. Unless separated by a minimum of 100' open space, all buildings, whether portable buildings or the main building, will be considered one building for alarm occupant load consideration and interconnection of alarm systems. Exceptions: 1. {No change.} 1.1. Residential In-Home day care with not more than 12 children may use interconnected single station detectors in all habitable rooms. (For care of more than five children 2 1/2 or less years of age, see Section 907.2.6.) {No change to remainder of exceptions.} Section 907.2.10: change to read as follows: 907.2.10 Group S. A manual fire alarm system that activates the occupant notification system in accordance with Section 907.5 shall be installed in Group S public and self-storage occupancies for interior corridors and interior common areas. Visible notification appliances are not required within storage units. Exception [No change]. Section 907.2.13, Exception 3; change to read as follows: 3. Open air portions of buildings with an occupancy in Group A-5 in accordance with Section 303.1 of the International Building Code; however, this exception does not apply to accessory uses including but not limited to sky boxes, restaurants, and similarly enclosed areas. Section 907.4.2; add Section 907.4.2.7 to read as follows: 907.4.2.7 Type.Manual alarm initiating devices shall be an approved double action type. Section 907.6.1; add Section 907.6.1.1 to read as follows: 907.6.1.1 Wiring Installation. All fire alarm systems shall be installed in such a manner that a failure of any single initiating device or single open in an initiating circuit conductor will not interfere with the normal operation of other such devices. All signaling line circuits (SLC) shall 60 Page 15 of 19 be installed in such a way that a single open will not interfere with the operation of any addressable devices (Class A). Outgoing and return SLC conductors shall be installed in accordance with NFPA 72 requirements for Class A circuits and shall have a minimum of four feet separation horizontal and one foot vertical between supply and return circuit conductors. The initiating device circuit (IDC) from a signaling line circuit interface device may be wired Class B, provided the distance from the interface device to the initiating device is ten feet or less. Section 907.6.3; delete all four Exceptions. Section 907.6.6; add sentence at end of paragraph to read as follows: See 907.6.3 for the required information transmitted to the supervising station. Section 910.2; change Exception 2 and 3 to read as follows: 2. Only manual smoke and heat removal shall not be required in areas of buildings equipped with early suppression fast-response (ESFR) sprinklers. Automatic smoke and heat removal is prohibited. 3. Only manual smoke and heat removal shall be required in areas of buildings equipped with control mode special application sprinklers with a response time index of 50(m*S)1/2 or less that are listed to control a fire in stored commodities with 12 or fewer sprinklers. Automatic smoke and heat removal is prohibited. Section 910.2; add subsections 910.2.3 with exceptions to read as follows: 910.2.3 Group H.Buildings and portions thereof used as a Group H occupancy as follows: 1. In occupancies classified as Group H-2 or H-3, any of which are more than 15,000 square feet (1394 m2) in single floor area. Exception: Buildings of noncombustible construction containing only noncombustible materials. 2. In areas of buildings in Group H used for storing Class 2, 3, and 4 liquid and solid oxidizers, Class 1 and unclassified detonable organic peroxides, Class 3 and 4 unstable (reactive) materials, or Class 2 or 3 water-reactive materials as required for a high- hazard commodity classification. Exception: Buildings of noncombustible construction containing only noncombustible materials. Section 910.4.3.1.; change to read as follows: 910.4.3.1 Makeup Air. Makeup air openings shall be provided within 6 feet (1829 mm) of the floor level. Operation of makeup air openings shall be automatic. The minimum gross area of makeup air inlets shall be 8 square feet per 1,000 cubic feet per minute (0.74 m2 per 0.4719 m3/s) of smoke exhaust. Section 912.2; add Section 912.2.3 to read as follows: 61 Page 16 of 19 912.2.3 Hydrant Distance. An approved fire hydrant shall be located within 100 feet of the fire department connection as the fire hose lays along an unobstructed path. Section 1006.2.1 change exception 3 to read as follows: Section 1006.2.1 Egress based on occupant load a common path of egress travel distance. 3. Unoccupied rooftop mechanical rooms and penthouses are not required to comply with the common path of egress travel distance measurement. Section 1009.8 Two Way Communication; add the following Exception 7: [Text Remains] Exceptions: 7. Buildings regulated under State Law and built in accordance with State registered plans, including variances or waivers granted by the State Law, shall be deemed to be in compliance with the requirements of Section 1009 and Chapter 11. Section 1010.2.5 Bolt Locks: amend to read as follows: Exceptions: 3. Where a pair of doors serves an occupant load of less than 50 persons in a Group B, F, M or S occupancy [remainder unchanged]. 4. Where a pair of doors serves a Group A, B, F M or S occupancy. Section 1020.2 Construction; add new exception 6 as follows: 6. In unsprinklered Group B Occupancies, corridor walls and ceilings need not be of fire-resistive construction within a single tenant space when the space is equipped with approved automatic smoke detection within the corridor. The actuation of any detector must actuate self-annunciating alarms audible in all areas within the corridor. Smoke detectors must be connected to an approved automatic fire alarm system where such system is provided. Section 1030.1.1.1 Spaces under grandstands and bleachers: delete this section Exception: 1. THROUGH 3. {No Change} 4. Where alternate means or methods are submitted to and approved by the Building and Fire Officials. Section 1101.1 Scope; add exception to Section 1101.1 as follows: Exception:Components of projects regulated by and registered with Architectural Barriers Division of Texas Department of Licensing and Regulation shall be deemed to be in compliance with the43 requirements of this chapter. Section 1809.5.1 Frost Protection at required exits; delete this section. Section 2702.5; added to read as follows: Section 2702.5 Designated Critical Operations Area (DCOA): In areas with a facility or site requiring continuous operation for the purpose of public safety, emergency management, national security or business continuity, the power systems shall comply with NFPA 70 Article 708. Section 2901.1; add sentence to read as follows: 62 Page 17 of 19 2901.1 Scope. [Existing text to remain] The provisions of this chapter are meant to work in coordination with the provisions of Chapter 4 of the International Plumbing Code. Should any conflicts arise between the two chapters, the Building Official shall determine which provision applies. Section 2902.1: add a second paragraph to read as follows; In other than E occupancies, the minimum number of fixtures in Table 2902.1 may be lowered, if requested in writing by the applicant stating reasons for a reduced number and approved by the Building Official. Section 2902.1; add a second paragraph to read as follows: g. Drinking fountains are not required in M Occupancies with an occupant load of 100 or less, B occupancies with an occupant load of 25 or less, and for dining and/or drinking establishments. Add new Section 2902.1.4 to read as follows: 2902.1.4 Additional fixtures for food preparation facilities. In addition to the fixtures required in this Chapter, all food service facilities shall be provided with additional fixtures set out in this section. 2902.1.4.1 Hand-washing lavatory. At least one hand-washing lavatory shall be provided for use by employees that is accessible from food preparation, food dispensing and ware washing areas. Additional hand-washing lavatories may be required based on convenience of use by employees. 2902.1.4.2 Service sink. In new or remodeled food service establishments, at least one service sink or one floor sink shall be provided so that it is conveniently located for the cleaning of mops or similar wet floor cleaning tool and for the disposal of mop water and similar liquid waste. The location of the service sink(s) and/or mop sink(s) shall be approved by the City of The Colony’s Health Department. Section 3002.1 Hoist way Enclosure Protection required. Add exceptions to Section 3002.1 as follows: Exceptions: 1. Elevators completely located within atriums shall not require hoist way enclosure protection. 2. Elevators in open or enclosed parking garages that serve only the parking garage, shall not require hoist way enclosure protection. Section 3005.4 Machine rooms, control rooms, machinery spaces and control spaces; amend text as follows: Elevator machine rooms, control rooms, control spaces and machinery spaces shall be enclosed with fire barriers constructed in accordance with Section 707 or horizontal assemblies constructed in accordance with Section 711, or both. (Remainder unchanged) Section 3005.4 Machine rooms, control rooms, machinery spaces and control spaces; Delete exceptions and add two new exceptions to Section 3005.4 as follows: Exceptions: 63 Page 18 of 19 1. Elevator machine rooms, control rooms, machinery spaces and control spaces completely located within atriums shall not require enclosure protection. 2. Elevator machine rooms, control rooms, machinery spaces and control spaces in open or enclosed parking garages that serve only the parking garage, shall not require enclosure protection. Section 3005.1.1; add a new subsection to Section 3005.5.1 as follows: 3005.1.1 Fire Protection in Machine rooms, control rooms, machinery spaces and control spaces. 3005.1.1 Automatic sprinkler system. The building shall be equipped with an automatic sprinkler system in accordance with Section 903.1.1, except as otherwise permitted by Section 903.3.1.1.1 and as prohibited by Section 3005.1.1.1. 3005.1.1.1 Prohibited locations.Automatic sprinklers shall not be installed in machine rooms, elevator machinery spaces, control rooms, control spaces and elevator hoist ways. 3005.1.1.2 Sprinkler system monitoring. The sprinkler system shall have a sprinkler system control valve supervisory switch and water-flow initiating device provided for each floor that is monitored by the building’s fire alarm system. Section 3005.5.1.2 Water protection. An approved method to prevent water from infiltrating into the hoist way enclosure of the automatic sprinkler system outside the elevator lobby shall be provided. Section 3005.1.3 Omission of Shunt trip. Means for elevator shutdown in accordance in the Section 3005.5 shall not be installed. Section 3005.8; add Section 3005.8 as follows: 3005.8 Storage. Storage shall not be allowed within the elevator machine room, control room, machinery spaces and or control spaces. Provide approved signage at each entry to the above listed locations stating "No Storage Allowed.” Section 3006.2 item 5, Hoist way opening protection required; Revise text as follows: 5. The building is a high rise and the elevator hoist way is more than 55 feet (16.764 m) in height. The height of the hoist way shall be measured from the lowest floor to the highest floors served by the hoist way. 64 Page 19 of 19 Section 3007.3 and 3008.3: Revise by deleting “enclosed” as follows: 3007.3 Water Protection. Water from the operation from an automatic sprinkler systems outside the lobby shall be prevent from infiltrating into the hoist way enclosure in accordance with an approved method. 3008.3 Water. Water from the operation of an automatic sprinkler system outside the lobby shall be prevent from infiltrating into the hoist way enclosure in accordance with an approved method. 65 Page 1 of 9 CITY OF THE COLONY, TEXAS ORDINANCE NO. 2021 INTERNATIONAL ENERGY CONSERVATION CODE WITH LOCAL AMENDMENTS AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS, AMENDING CHAPTER 6, ARTICLE I OF THE CODE OF ORDINANCES OF THE CITY OF THE COLONY, TEXAS, BY REPEALING IN ITS ENTIRETY SECTION 6-6, ENTITLED "INTERNATIONAL ENERGY CONSERVATION CODE ADOPTED” AND REPLACING IT WITH A NEW SECTION 6-6, ENTITLED "INTERNATIONAL ENERGY CONSERVATION CODE ADOPTED" BY ADOPTING THE 2021 EDITION OF THE INTERNATIONAL ENERGY CONSERVATION CODE, AND LOCAL AMENDMENTS TO THE INTERNATIONAL ENERGY CONSERVATION CODE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A REPEALER CLAUSE; PROVIDING A PENALTY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council of the City of The Colony, Texas, is of the opinion that the 2021 Edition of the International Energy Conservation Code, along with local amendments hereto, should be adopted as the Energy Conservation Code for the City of The Colony. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS: SECTION 1. That the findings set forth above are incorporated into the body of this Ordinance as if fully set forth herein. SECTION 2. That the Code of Ordinances of the City of The Colony, Texas, be, and the same is, hereby amended by amending Chapter 6, Article I, by repealing in its entirety Section 6- 6, entitled “International Energy Conservation Code Adopted” and replacing it with a new Section 6-6, entitled "International Energy Conservation Code Adopted" which shall read as follows: “Sec. 6-6. International Energy Conservation Code Adopted. (a)Adoption. The International Energy Conservation Code, 2021 edition, is hereby adopted and designated as the Energy Conservation Code for the City of The Colony, Texas. A copy of the 2021 Edition of the International Energy Conservation Code is on file in the office of the City Secretary. (b)Local Amendments.The following provisions are local amendments to the 2021 Edition of the International Energy Conservation Code. Each provision is a substitute for the identically numbered provision contained in the 2021 Edition of the International Energy Conservation Code or is a provision added to the 2021 Edition of the International Energy Conservation Code, and is attached hereto as Exhibit A of this Ordinance.” 66 Page 2 of 9 SECTION 3.If any section, article paragraph, sentence, clause, phrase or word in this Ordinance, or application thereto any persons or circumstances is held invalid or unconstitutional by a Court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this Ordinance; and the City Council hereby declares it would have passed such remaining portions of this Ordinance despite such invalidity, which remaining portions shall remain in full force and effect. SECTION 4.That all provisions of the Ordinances of the City of The Colony, Texas, in conflict with the provisions of this Ordinance be, and the same are hereby amended, repealed, and all other provisions of the Ordinances of the City not in conflict with the provisions of this Ordinance shall remain in full force and effect. SECTION 5.Any person, firm, or corporation violating any of the provisions of this Ordinance shall be deemed guilty of a misdemeanor and, upon conviction in the municipal court of the City of The Colony, Texas, shall be punished by a fine not to exceed the sum of Two Thousand Dollars ($2,000.00) for each offense. Every day a violation occurs shall constitute a separate offense. SECTION 6. This Ordinance shall become effective from and after its date of passage in accordance with law. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS, THIS day of FEBRUARY, 2024. Richard Boyer, Mayor ATTEST: Tina Stewart, TRMC, CMC City Secretary APPROVED AS TO FORM: Jeff Moore, City Attorney 67 Page 3 of 9 Exhibit A [International Energy Conservation Code Local Amendments] 68 Page 4 of 9 Recommended Amendments to the 2021 International Energy Conservation Code And the energy provisions of the 2021 International Residential Code North Central Texas Council of Governments Region (Climate Zone 2 & 3 of the IECC) The following sections, paragraphs, and sentences of the 2021 International Energy Conservation Code (IECC) are hereby amended as follows: Standard type is text from the IECC. Underlined type is text inserted. Lined through type is deleted text from IECC. A double (**) asterisk at the beginning of a section identifies an amendment carried over from the 2018 edition of the code and a triple (***) asterisk identifies a new or revised amendment with the 2021 code. Section numbers in parenthesis represent the corresponding numbers of the energy provisions of the 2021 International Residential Code for parallel amendments. 2021 IECC (Energy Provisions of the 2021 IRC) ***Section 105.2 Required Inspections; Changed numbering and to read as follows: R105.2.1 Footing and foundation inspection. Inspections associated with footings and foundations shall verify compliance with the code as to R-value, location, thickness, depth of burial and protection of insulation as required by the code and approved plans and specifications. R105.2.2 Framing and Air Barrier rough-in inspection. Inspections at framing and rough-in shall be made before application of interior finish insulation and shall verify compliance with the code as to: types of insulation and corresponding R-values and their correct location and proper instillation; fenestration properties such as U-factor and SHGC and proper instillation; air leakage controls as required by the code; and approved plans and specifications. R105.2.3 Insulation and Fenestration rough-in inspection. Inspections at framing and rough-in shall be made before application of interior finish and shall verify compliance with the code as to: types of insulation and corresponding R-values and their correct location and proper installation; fenestration properties such as U-factor and SHGC and proper installation. R105.2.34 Plumbing rough-in inspection. Inspections at plumbing rough-in shall verify compliance as required by the code and approved plans and specifications as to types of insulation and corresponding R-values and protection and required controls. R105.2.45 Mechanical rough-in inspection. Inspections at mechanical rough-in shall verify compliance as required by the code and approved plans and specifications as to installed HVAC equipment type and size, required controls, system insulation and corresponding R-value, system air leakage control, programmable thermostats, dampers, whole-house ventilation, and minimum fan efficiency. Exception: Systems serving multiple dwelling units shall be inspected in accordance with Section C105.2.4. R105.2.56 Final inspection. The building shall have a final inspection and shall not be occupied until approved. The final inspection shall include verification of the installation of all required building systems, equipment and controls and their proper operation and the required number of high-efficacy lamps and fixtures. 69 Page 5 of 9 **Section C102/R102 General; add Section C102.1.2 and R102.1.2 (N1101.4.1) to read as follows: C102.1.2 Alternative compliance. A building certified by a national, state, or local accredited energy efficiency program and determined by the Energy Systems Laboratory to be in compliance with the energy efficiency requirements of this section may, at the option of the Code Official, be considered in compliance. The United States Environmental Protection Agency's Energy Star Program certification of energy code equivalency shall be considered in compliance. R102.1.2 (N1101.4.1) Alternative compliance. A building certified by a national, state, or local accredited energy efficiency program and determined by the Energy Systems Laboratory to be in compliance with the energy efficiency requirements of this section may, at the option of the Code Official, be considered in compliance. The United States Environmental Protection Agency's Energy Star Program certification of energy code equivalency shall be considered in compliance. Regardless of the program or the path to compliance, each 1- and 2-family dwelling shall be tested for air and duct leakage as prescribed in Section R402.4.1.2 (N1102.4.1.2) and R403.3.3 (N1103.3.3) respectively. (Reason: This amendment is added to allow alternative compliance in accordance with Texas HB 1365, 78th Legislature. Codified in Chapter 388 Texas Building Energy Performance Standards: §388.003(i). The last sentence to Section R102.1.2 (N1101.4.1) was added to ensure that every house is tested in accordance with the mandatory provisions of the code.) Section R202 (N1101.6) Definitions; add the following definition: **PROJECTION FACTOR. The ratio of the horizontal depth of the overhang, eave or permanently attached shading device, divided by the distance measured vertically from the bottom of the fenestration glazing to the underside of the overhang, eave or permanently attached shading device. (Reason: The amendment to Section 402.3.2 (N1102.3.2) Glazed fenestration SHGC was proposed by the TAB. ESL determined the proposal to be not less restrictive than the 2015 IECC. This added definition is necessary as part of that amendment. The amendment will provide additional options for SHGC selection.) Section R202 (N1101.6) Definitions; add the following definition: **DYNAMIC GLAZING. Any fenestration product that has the fully reversible ability to change it performance properties, including U-factor, solar heat gain coefficient (SHGC), or visible transmittance (VT). (Reason: This term is referenced in Section R402.3.2. This definition of DYMANIC GLAZING is also found in the Commercial provisions of the code.) ***Table 402.1.2 Maximum Assembly/Climate Zone items: amend table as follows. Climate Zone Fenestration U-Factorf Ceiling U-Factor 2 .40 0.26 0.29 3 0.30 0.32 0.26 0.29 ***Table 402.1.3 Insulation/Climate Zone items: amend table as follows. 70 Page 6 of 9 Climate Zone Fenestration U-Factorb,i Ceiling R-Value Wood Frame Wall R-Value Slab R-Value & Depth 2 .40 49 42 13 or 0 + 10 0 3 0.30 0.32 49 42 19 or 13+53ci, 0+15 10ci, 2 ft 0 (Reason: Amended table to meet current building techniques, market conditions and product availability. Amended to avoid conflict between North Texas termite zone and slab R value in code.) ***Section C402.5.2 Dwelling and sleeping unit enclosure testing. Added the underlined to read as follows C402.5.2 Dwelling and sleeping unit enclosure testing. The building thermal envelope shall be tested in accordance with ASTM E779. ANSI/RESNET/ICC 380, ASTM E1827 or an equivalent method approved by the code official. The measured air leakage shall not exceed 0.30 cfm/ft2 (1.5 Us m2) of the testing unit enclosure area at a pressure differential of 0.2 inch water gauge (50 Pa). Where multiple dwelling units or sleeping units or other occupiable conditioned spaces are contained within one building thermal envelope, each unit shall be considered an individual testing unit, and the building air leakage shall be the weighted average of all testing unit results, weighted by each testing unit's enclosure area. Units shall be tested separately with an unguarded blower door test as follows: 1.Where buildings have fewer than eight testing units, each testing unit shall be tested. 2.For buildings with eight or more testing units, the greater of seven units or 20 percent of the testing units in the building shall be tested, including a top floor unit, a ground floor unit, a middle floor unit, and a unit with the largest testing unit enclosure area. For each tested unit that exceeds the maximum air leakage rate, an additional two three units shall be tested, including a mixture of testing unit types and locations. (Reason: For many multifamily (R2 classifications) projects, it is very costly and time consuming to test each dwelling unit for projects where there may be dozens of dwelling units in each building. Considering that the same tradesman generally constructs a building, it is reasonable to deem that construction practices are consistent and that if a reasonable sampling of units tested pass then all units would pass. These amendments are in line with RESNET sampling guidelines.) ***Section R402.4.1 Building thermal envelope; add section R402.4.1.4 to read as follows R402.4.1.4 Sampling options for R2 multifamily dwelling units. For buildings with eight or more testing units that must be tested as required by R402.4.1.2 or R402.4.1.3, the greater of seven units or 20 percent of the testing units in the building shall be tested, including a top floor unit, a ground floor unit, a middle floor unit, and a unit with the largest testing unit enclosure area. For each tested unit that exceeds the maximum air leakage rate, an additional three units shall be tested, including a mixture of testing unit types and locations. Where buildings have fewer than eight testing units, each testing unit shall be tested. (Reason: For many multifamily (R2 classifications) projects, it is very costly and time consuming to test each dwelling unit for projects where there may be dozens of dwelling units in each building. Considering that the same tradesman generally constructs a building, it is reasonable to deem that construction practices are consistent and that if a reasonable sampling of units tested pass then all units would pass. These amendments are in line with the commercial provisions of the commercial 2021 IECC and RESNET sampling guidelines.) ***Section R403.3 Ducts; add section R403.3.8 to read as follows R403.3.8 Sampling options for R2 multifamily dwelling units. For buildings with eight or more testing units that must be tested as required by R403.3.5, the greater of seven units or 20 percent of the testing units in the building shall be tested, including a top floor unit, a ground floor unit, a middle floor unit, and a unit with the largest testing unit floor area. For each tested unit that exceeds the maximum duct leakage rate, an 71 Page 7 of 9 additional three units shall be tested, including a mixture of testing unit types and locations. Where buildings have fewer than eight testing units, each testing unit shall be tested. (Reason: For many multifamily (R2 classifications) projects, it is very costly and time consuming to test each dwelling unit for projects where there may be dozens of dwelling units in each building. Considering that the same tradesman generally constructs a building, it is reasonable to deem that construction practices are consistent and that if a reasonable sampling of units tested pass then all units would pass. These amendments are in line with the commercial provisions of the commercial 2021 IECC and RESNET sampling guidelines.) ***Section R403.6 Mechanical Ventilation; add section R403.6.4 to read as follows R403.6.4 Sampling options for R2 multifamily dwelling units. For buildings with eight or more testing units that must be tested as required by R403.6.3, the greater of seven units or 20 percent of the testing units in the building shall be tested, including a top floor unit, a ground floor unit, a middle floor unit, and a unit with the largest testing unit floor area. For each tested unit that does not meet the minimum ventilation rate, an additional three units shall be tested, including a mixture of testing unit types and locations. Where buildings have fewer than eight testing units, each testing unit shall be tested. (Reason: For many multifamily (R2 classifications) projects, it is very costly and time consuming to test each dwelling unit for projects where there may be dozens of dwelling units in each building. Considering that the same tradesman generally constructs a building, it is reasonable to deem that construction practices are consistent and that if a reasonable sampling of units tested pass then all units would pass. These amendments are in line with the commercial provisions of the commercial 2021 IECC IECC and RESNET sampling guidelines.) ***R405.2 Performance-based compliance. Added to underlined to read as follows. R405.2 Performance-based compliance. Compliance based on total building performance requires that a proposed design meets all of the following: 1. The requirements of the sections indicated within Table R405.2. 2. The building thermal envelope greater than or equal to levels of efficiency and solar heat gain coefficients in Table R402.1.1 or R402.1.3 of the 2009 International Energy Conservation Code. 3. An annual energy cost that is less than or equal to the annual energy cost of the 2021 standard reference design or 8% less than the annual energy cost of the 2018 standard reference design. Energy prices shall be taken from a source approved by the code official,such as the Department of Energy, Energy Information Administration's State Energy Data System Prices and Expenditures reports. Code officials shall be permitted to require time-of-use pricing in energy cost calculations. Exception: The energy use based on source energy expressed in Btu or Btu per square foot of conditioned floor area shall be permitted to be substituted for the energy cost. The source energy multiplier for electricity shall be 3.16. The source energy multiplier for fuels other than electricity shall be 1.1. (Reason: At the time of the approval of these recommended amendments, software to calculate and show compliance with section R405 of the 2021 IECC was not available. The underlined amendment allows an alternative option to show compliance until software is available.) ***Section R401.2.5 Additional Energy efficiency; deleted in its entirety. 72 Page 8 of 9 (Reason: The deletion is based on the Complexity of the section and lack of tools to verify compliance and due to conflict with HB2439, 86th Regular Session) ***Section R408 ADDITIONAL EFFICIENCY PACKAGE OPTIONS; deleted in its entirety. (Reason: The deletion is based on the omission of R401.2.5 and R408 no longer applies and due to conflict with HB2439, 86th Regular Session.) *** Section R402.4.6 Electrical and Communication outlet boxes. Delete after the first sentence to read as follows. ***R402.4.6 Electrical and communication outlet boxes (air-sealed boxes). Electrical and communication outlet boxes installed in the building thermal envelope shall be sealed to limit air leakage between conditioned and unconditioned spaces. Electrical and communication outlet boxes shall be tested in accordance with NEMA OS 4 , Requirements for Air-Sealed Boxes for Electrical and Communication Applications, and shall have an air leakage rate of not greater than 2.0 cubic feet per minute (0.944 L/s) at a pressure differential of 1.57 psf (75 Pa). Electrical and communication outlet boxes shall be marked “NEMA OS 4” or “OS 4” in accordance with NEMA OS 4. Electrical and communication outlet boxes shall be installed per the manufacturer’s instructions and with any supplied components required to achieve compliance with NEMA OS 4. (Reason: Allow for alternatives and Avoid requiring proprietaries products.) ***Section R404.2 Interior Lighting Controls; deleted in its entirety. (Reason: The deletion is to eliminate confusion as the intent does not reflect what is written.) **TABLE R406.4 (N1106.4) MAXIMUM ENERGY RATING INDEX;amend to read as follows: TABLE R406.4 (N1106.4) 1 MAXIMUM ENERGY RATING INDEX CLIMATE ZONE ENERGY RATING INDEX 2 52 63 3 52 63 1 This table is effective until August 31, 2022. TABLE R406.4 (N1106.4) 2 MAXIMUM ENERGY RATING INDEX CLIMATE ZONE ENERGY RATING INDEX 2 52 59 3 52 59 2 The table is effective from September 1, 2022 to August 31, 2025. TABLE R406.4 (N1106.4) 3 MAXIMUM ENERGY RATING INDEX CLIMATE ZONE ENERGY RATING INDEX 2 52 57 3 52 57 3 The table is effective from September 1, 2025 to August 31, 2028. TABLE R406.4 (N1106.4) 3 MAXIMUM ENERGY RATING INDEX 73 Page 9 of 9 CLIMATE ZONE ENERGY RATING INDEX 2 52 55 3 52 55 4 This table is effective on or after September 1, 2028. (Reason: The tables reflect the values and timetable set forth in HB 3215, 87th Regular Session Codified in Chapter 388 Texas Building Energy Performance Standards: §388.003.) NOTE : HB 3215 was signed into law by the Governor on June 14, 2021 as part of the 87th Regular Session Codified in Chapter 388 Texas Building Energy Performance Standards: §388.003 (i), (j), and (k). HB 3215 now allows a Home Energy Rating System Index (ex. HERS Index)utilizing ANSI/RESNET/ICC Standard 301 (as it existed on January 1, 2021) shall be considered in compliance with State law provided that: o The home includes compliance with the Mandatory requirements of 2018 IECC Section R406.2. o The home includes compliance with Building thermal envelope provisions of Table R402.1.2 or Table R402.1.4 of the 2018 IECC END 74 Page 1 of 7 CITY OF THE COLONY, TEXAS ORDINANCE NO. 2021 INTERNATIONAL EXISTING BUILDING CODE WITH LOCAL AMENDMENTS AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS, AMENDING CHAPTER 6, ARTICLE I OF THE CODE OF ORDINANCES OF THE CITY OF THE COLONY, TEXAS, BY REPEALING IN ITS ENTIRETY SECTION 6-9, ENTITLED “INTERNATIONAL EXISTING BUILDING CODE ADOPTED” AND REPLACING IT WITH A NEW SECTION 6-9, ENTITLED “INTERNATIONAL EXISTING BUILDING CODE ADOPTED” BY ADOPTING THE 2021 EDITION OF THE INTERNATIONAL EXISTING BUILDING CODE, AND LOCAL AMENDMENTS TO THE INTERNATIONAL EXISTING BUILDING CODE;PROVIDING A SEVERABILITY CLAUSE; PROVIDING A REPEALER CLAUSE; PROVIDING A PENALTY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council of the City of The Colony, Texas, is of the opinion that the 2021 Edition of the International Existing Building Code, along with local amendments hereto, should be adopted as the Existing Building Code for the City of The Colony. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS: SECTION 1. That the findings set forth above are incorporated into the body of this Ordinance as if fully set forth herein. SECTION 2. That the Code of Ordinances of the City of The Colony, Texas, be, and the same is, hereby amended by amending Chapter 6, Article I, by repealing in its entirety Section 6- 9, entitled “International Existing Building Code Adopted” and replacing it with a new Section 6- 9, entitled “International Existing Building Code Adopted” which shall read as follows: “Sec. 6-9- International Existing Building Code Adopted. (a)Adoption. The International Existing Building Code with Appendices A through D, 2021 edition, is hereby adopted and designated as the Existing Building Code for the City of The Colony, Texas. A copy of the 2021 Edition of the International Existing Building Code is on file in the office of the City Secretary. (b)Local Amendments.The following provisions are local amendments to the 2021 Edition of the International Existing Building Code. Each provision is a substitute for the identically numbered provision contained in the 2021 Edition of the International Existing Building Code or is a provision added to the 2021 Edition of the International Existing Building Code, and is attached hereto as Exhibit A of this Ordinance.” 75 Page 2 of 7 SECTION 3.If any section, article paragraph, sentence, clause, phrase or word in this Ordinance, or application thereto any persons or circumstances is held invalid or unconstitutional by a Court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this Ordinance; and the City Council hereby declares it would have passed such remaining portions of this Ordinance despite such invalidity, which remaining portions shall remain in full force and effect. SECTION 4.That all provisions of the Ordinances of the City of The Colony, Texas, in conflict with the provisions of this Ordinance be, and the same are hereby amended, repealed, and all other provisions of the Ordinances of the City not in conflict with the provisions of this Ordinance shall remain in full force and effect. SECTION 5.Any person, firm, or corporation violating any of the provisions of this Ordinance shall be deemed guilty of a misdemeanor and, upon conviction in the municipal court of the City of The Colony, Texas, shall be punished by a fine not to exceed the sum of Two Thousand Dollars ($2,000.00) for each offense. Every day a violation occurs shall constitute a separate offense. SECTION 6. This Ordinance shall become effective from and after its date of passage in accordance with law. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS, THIS day of FEBRUARY, 2024. Richard Boyer, Mayor ATTEST: Tina Stewart, TRMC, CMC City Secretary APPROVED AS TO FORM: Jeff Moore, City Attorney 76 Page 3 of 7 Exhibit A [International Existing Building Code Local Amendments] 77 Page 4 of 7 Section 102.4; change to read as follows: 102.4 Referenced codes and standards. The codes, when specifically adopted, and standards referenced in this code shall be considered part of the requirements of this code to the prescribed extent of each such reference and as further regulated in Sections 102.4.1 and 102.4.2. [No change to rest of section]. Section 110.2; delete number 11 as follows: 11. Where an automatic sprinkler system is provided, and whether an automatic sprinkler system is required. Section 202; amend definition of Existing Structure as follows: Existing Building - A building, structure, or space with an approved final inspection issued under a code edition which is at least 2 published code editions preceding the currently adopted building code; a building, structure or space that is undergoing a change of occupancy or use. Section 202; amend definition of Existing Structure as follows; Existing Structure – A building, structure, or space, with an approved final inspection issued under a code edition which is at least 2 published code editions preceding the currently adopted building code; a building, structure or space that is undergoing a change in occupancy or use. Section 306.1; add exceptions to read as follows: Exceptions 1. Components of projects regulated by and registered with Architectural Barriers Division of Texas Department of Licensing and Regulation shall be deemed to be in compliance with the requirements of this chapter. 2. If the cost of the project is less than $50K, it must comply with ICC A117.1, or it shall be reviewed and inspected to the Texas Accessibility Standards by a Registered Accessibility Specialist. Section 306.2; add exception to read as follows: 305.1 Complete change of occupancy. Where an entire building undergoes a change of occupancy, it shall comply with Section 305.4.1 and shall have all of the following accessible features: 1. Not fewer than one accessible building entrance. Not fewer than one accessible route from an accessory building entrance to primary function areas. 3. Signage complying with 1111 of the International Building Code. 4. Accessible parking, where parking is being provided. 5. Not less than one accessible passenger loading zone, where loading zones are provided. 6. Not less than one accessible route connecting accessible parking and accessible passenger loading zones to an accessible entrance. 7. At least on one accessible family or assisted use toilet room shall be provided in accordance with chapter 11 of the International Building Code. Where it is technically infeasible to comply with the new construction standards for any of these requirements for a change of group or occupancy, Items 1 through 6 shall conform to the requirements to the maximum extent technically feasible. 78 Page 5 of 7 Exception: The accessible features listed in item 1 through 6 are not required for an accessible route to Type B units. Section 401.3 Flood Hazard Areas; delete this section because flood hazard ordinances may be administered by other departments in the city. Section 405.2.6 Flood Hazard Areas; delete this section. Section 406.1; add a code reference to read as follows: 406.1 Material. Existing electrical wiring and equipment undergoing repair shall be allowed to be repaired or replaced with like material, in accordance with the requirements of NFPA 70. Section 502.3 Flood Hazard Areas; delete this section. Section 503.2 Flood Hazard Areas; delete this section. Section503.16; add exception to read as follows: Exception: Compliance with the Texas Accessibility Standards is not considered equivalent compliance for the purpose of enforcement of this code section. Section 504.1.2; change to read as follows: 504.1.2 Existing fire escapes. Existing fire escapes shall continue to be accepted as a component in the means of egress in existing buildings only. Existing fire escapes shall be permitted to be repaired or replaced. Section 504.1.3; delete this section. Section 507.3 Flood Hazard Areas; delete this section. Section 701.3 Flood Hazard Areas; delete this section. Section 702.4; add exception 2 to read as follows: Exception 2: Operable windows with opening that are provided with window fall prevention devices that comply with ASTM F2090. Section 702.7; add a code reference to read as follows: 702.7 Materials and methods. All new work shall comply with the materials and methods requirements in the International Building Code, International Energy Conservation Code, International Mechanical Code, National Electrical Code, and International Plumbing Code, as applicable that specify material standards, detail of installation and connection points, penetrations, and continuity of any element, component, or system in the building. Section 802.5.1; change to read as follows: 802.5.1 Minimum requirement. Every portion of open-sided walking surfaces, including mezzanines, equipment platforms aisles, stairs, ramps, and landings that is more than 30 inches 79 Page 6 of 7 (762 mm) above the floor or garage below and is not provided with guards or those in which the existing guards ore judged are judged to be in danger of collapsing, shall be provided with guards. Section 803.1; change exception to read as follows; For the purpose of fire sprinkler protection and fire alarm requirements included in this section, the work area shall be extended to include at least the entire tenant space or spaces bounded by walls capable of resisting the passage of smoke containing the subject work area, and if the work area includes a corridor, hallway, or other exit access, then such corridor, hallway or other exit access shall be protected its entirety on that particular floor level. Section 803.2.6; change exception to read as follows: Exception: Supervision is not required where the Fire Code does not require such for new construction. Section 803.3; change to read as follows: 803.3 Standpipes. The Fire Code already requires standpipes in these buildings [greater than 50 feet] retroactively in Section 1103.6. This new section would negate/lessen those retroactive provisions already contained in the Fire Code. Section 804.2; delete Exception #1 as follows: Exception 1:Where the work area and the means of egress serving it complies with NFPA 101. Exception 2: [remain unchanged]. Section 804.4.1.2; change to read as follows; 804.4.1.2 Fire escape access and details; 1. [Remain unchanged] 2. Access to a new fire escape shall be through a door . . . 3. Delete exception 3. 4. [Remain unchanged] 5. In all buildings of Group E occupancy up to and including the 12th grade, buildings of Group I Occupancy, boarding houses, and child care, ladders of any type are prohibited on fire escapes used as a required means of egress. Section 804.6.2 Transoms; add language to read as follows: 804.6.2 Transoms. In all buildings of Group B, E, I-1, I-2, and R-2 occupancies . . .[Remainder unchanged]. Section 904.1 Transoms: add language to read as follows: For the purpose of fire sprinkler protection and fire alarm requirements included in this section, the work area shall be extended to include at least the entire tenant space or spaces bounded by walls containing the subject work area, and if the work area includes a corridor, hallway, or other 80 Page 7 of 7 exit access, then such corridor, hallway, or other exit access shall be protected in its entirety on that particular floor level. Section 904.1.1; change to read as follows: 904.1.1 High-rise buildings. An automatic sprinkler system shall be provided in work areas of high-rise buildings. Section 1011.2.1; change to read as follows: 1011.2.1 Fire sprinkler system. Where a change in occupancy classification occurs or where there is a change of occupancy within a space where there is a different fire protection system threshold requirement in Chapter 9of the International Building Code that requires an automatic sprinkler system to be provided based on the new occupancy in accordance with Chapter ( of the international Building Code. The installation of the automatic sprinkler system shall be required within the area of the change of occupancy and areas of the building not separated horizontally and vertically from the change of occupancy by one of the following: 5. Fire barrier, as required by Section 707 of the IBC. 6. Fire wall, as required by Section 706 of the IBC. Exceptions: [Remain unchanged] Section 1102.2.1; add to read as follows: 1102.2.1 Fire Separations. Where fire separations are utilized to allow additions without exceeding the allowable area provisions of Chapter 5 of the IBC for either the existing building or the new addition, the decreased clear space where the two buildings adjoin shall be accounted for in such calculation relative to the allowable frontage increase. Section 1103.3 Flood Hazard Areas; delete this section. Section 1201.4 Flood Hazard Areas; delete this section. Section 1301.3.2; change to read as follows: 1301.3.2 Compliance with other codes. Buildings that are evaluated in accordance with this section shall comply with the International Fire Code. Section 1301.3.3 Compliance with Flood Hazard Provisions; delete this section. Section 1402.6 Flood Hazard Areas; delete this section. Section 1509; delete Section 1509.1 through 1509.5 and Section 1509.1 to read as follows: 1509.1 When required. An approved water supply for fire protection, either temporary or permanent, shall be made available as combustible material arrives on the site. The water supply design and timing of the water supply installation relative to building construction shall comply with the adopted Fire Code. 81 Page 1 of 6 CITY OF THE COLONY, TEXAS ORDINANCE NO. 2021 INTERNATIONAL FUEL GAS CODE WITH LOCAL AMENDMENTS AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS, AMENDING CHAPTER 6, ARTICLE I OF THE CODE OF ORDINANCES OF THE CITY OF THE COLONY, TEXAS, BY REPEALING IN ITS ENTIRETY SECTION 6-7, ENTITLED "INTERNATIONAL FUEL GAS CODE ADOPTED” AND REPLACING IT WITH A NEW SECTION 6-7, ENTITLED "INTERNATIONAL FUEL GAS CODE ADOPTED" BY ADOPTING THE 2021 EDITION OF THE INTERNATIONAL FUEL GAS CODE, AND LOCAL AMENDMENTS TO THE INTERNATIONAL FUEL GAS CODE;PROVIDING A SEVERABILITY CLAUSE; PROVIDING A REPEALER CLAUSE; PROVIDING A PENALTY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council of the City of The Colony, Texas, is of the opinion that the 2021 Edition of the International Fuel Gas Code, along with local amendments hereto, should be adopted as the Fuel Gas Code for the City of The Colony. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS: SECTION 1. That the findings set forth above are incorporated into the body of this Ordinance as if fully set forth herein. SECTION 2. That the Code of Ordinances of the City of The Colony, Texas, be, and the same is, hereby amended by amending Chapter 6, Article I,by repealing in its entirety Section 6- 7, entitled “International Fuel Gas Code Adopted” and replacing it with a new Section 6-7, entitled "International Fuel Gas Code Adopted" which shall read as follows: “Sec. 6-7. International Fuel Gas Code Adopted. (a)Adoption. The International Fuel Gas Code with Appendices A through D, 2021 edition, is hereby adopted and designated as the Fuel Gas Code for the City of The Colony, Texas. A copy of the 2021 Edition of the International Fuel Gas Code is on file in the office of the City Secretary. (b)Local Amendments.The following provisions are local amendments to the 2021 Edition of the International Fuel Gas Code. Each provision is a substitute for the identically numbered provision contained in the 2021 Edition of the International Fuel Gas Code or is a provision added to the 2021 Edition of the International Fuel Gas Code, and is attached hereto as Exhibit A to this Ordinance.” 82 Page 2 of 6 SECTION 3.If any section, article paragraph, sentence, clause, phrase or word in this Ordinance, or application thereto any persons or circumstances is held invalid or unconstitutional by a Court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this Ordinance; and the City Council hereby declares it would have passed such remaining portions of this Ordinance despite such invalidity, which remaining portions shall remain in full force and effect. SECTION 4.That all provisions of the Ordinances of the City of The Colony, Texas, in conflict with the provisions of this Ordinance be, and the same are hereby amended, repealed, and all other provisions of the Ordinances of the City not in conflict with the provisions of this Ordinance shall remain in full force and effect. SECTION 5.Any person, firm, or corporation violating any of the provisions of this Ordinance shall be deemed guilty of a misdemeanor and, upon conviction in the municipal court of the City of The Colony, Texas, shall be punished by a fine not to exceed the sum of Two Thousand Dollars ($2,000.00) for each offense. Every day a violation occurs shall constitute a separate offense. SECTION 6. This Ordinance shall become effective from and after its date of passage in accordance with law. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS, THIS day of FEBRUARY, 2024. Richard Boyer, Mayor ATTEST: Tina Stewart, TRMC, CMC City Secretary APPROVED AS TO FORM: Jeff Moore, City Attorney 83 Page 3 of 6 Exhibit A [International Fuel Gas Code Local Amendments] 84 Page 4 of 6 Recommended Amendments to the 2021 International Fuel Gas Code North Central Texas Council of Governments Region The following sections, paragraphs, and sentences of the 2021 International Fuel Gas Code are hereby amended as follows: Standard type is text from the IFGC. Underlined type is text inserted. Lined through type is deleted text from IFGC. A double asterisk at the beginning of a section identifies an amendment carried over from the 2018 edition of the code and a triple asterisk identifies a new or revised amendment with the 2021 code. **Section 101.2 {Local amendments to Section 101.2 may be necessary to correspond with the State Plumbing Licensing Law.} **Section 102.2; add an exception to read as follows: Exception: Existing dwelling units shall comply with Section 621.2. (Reason: Previous code provisions made unvented heater provisions retroactive except as provided for in local amendment. This amendment and amendment to IFGC 621.2 better clarify what the code already states: existing systems may stay unless considered unsafe.) ***Section 102.8; change to read as follows: 102.8 Referenced codes and standards. The codes and standards referenced in this code shall be those that are listed in Chapter 8 and such codes, when specifically adopted, and standards shall be considered part of the requirements of this code to the prescribed extent of each such reference. Where differences occur between provisions of this code and the referenced standards, the provisions of this code shall apply. Whenever amendments have been adopted to the referenced codes and standards, each reference to said code and standard shall be considered to reference the amendments as well. Any reference to NFPA 70 or the National Electrical Code shall mean the Electrical Code as adopted. (Reason: Legal wording to recognize locally adopted codes and amendments adopted with referenced codes.) **Section 306.5; change to read as follows: [M] 306.5 Equipment and Appliances on Roofs or Elevated Structures. Where equipment requiring access or appliances are located on an elevated structure or the roof of a building such that personnel will have to climb higher than 16 feet (4877 mm) above grade to access, an interior or exterior means of access shall be provided. Exterior ladders providing roof access need not extend closer than 12 feet (2438 mm) to the finish grade or floor level below and shall extend to the equipment and appliances' level service space. Such access shall . . . {bulk of section to read the same} . . . on roofs having a slope greater than four units vertical in 12 units horizontal (33-percent slope). ... {remainder of text unchanged}. (Reason: To assure safe access to roof appliances. Consistent with IMC amendments.) 85 Page 5 of 6 **Section 306.5.1; change to read as follows: [M] 306.5.1 Sloped roofs. Where appliances, equipment, fans or other components that require service are installed on a roof having a slope of 3 units vertical in 12 units horizontal (25-percent slope) or greater and having an edge more than 30 inches (762 mm) above grade at such edge, a catwalk at least 16 inches in width with substantial cleats spaced not more than 16 inches apart shall be provided from the roof access to a level platform at the appliance. The level platform shall be provided on each side of the appliance to which access is required for service, repair or maintenance. The platform shall be not less than 30 inches (762 mm) in any dimension and shall be provided with guards. The guards shall extend not less than 42 inches (1067 mm) above the platform, shall be constructed so as to prevent the passage of a 21-inch- diameter (533 mm) sphere and shall comply with the loading requirements for guards specified in the International Building Code. (Reason: To assure safe access to roof appliances. Consistent with IMC amendments.) **Section 401.5; add a second paragraph to read as follows: Both ends of each section of medium pressure gas piping shall identify its operating gas pressure with an approved tag. The tags are to be composed of aluminum or stainless steel and the following wording shall be stamped into the tag: "WARNING 1/2 to 5 psi gas pressure Do Not Remove" (Reason: To protect homeowners and plumbers.) **Section 404.12; change to read as follows: 404.12 Minimum burial depth. Underground piping systems shall be installed a minimum depth of 12 18 inches (305 458 mm) top of pipe below grade, except as provided for in Section 404.12.1. 404.12.1 Delete in its entirety. (Reason: To provide increased protection to piping systems and address reference number change.) ***Section 406.4; change to read as follows: 406.4 Test pressure measurement. Test pressure shall be measured with a monometer or with a pressure-measuring device designed and calibrated to read, record, or indicate a pressure loss caused by leakage during the pressure test period. The source of pressure shall be isolated before the pressure tests are made. Mechanical gauges used to measure test pressures shall have a range such that the highest end of the scale is not greater than five times the test pressure. Spring type gauges do not meet the requirement of a calibrated gauge. (Reason: To require the use of more accurate diaphragm gauges. Spring gauges do not provide accurate measurement below approximately 17 psig.) ***Section 406.4.1; change to read as follows: 406.4.1 Test pressure. The test pressure to be used shall be no less than 1 1/2 times the proposed maximum working pressure, but no less than 3 3 psig (20 kPa gauge), or at the discretion of the Code Official, the piping and valves may be tested at a pressure of at least six (6) inches (152 mm) of mercury, measured with a manometer or slope gauge, irrespective of design pressure. Where the test pressure exceeds 125 psig (862 kPa gauge), the test pressure shall not exceed a value that produces a hoop stress 86 Page 6 of 6 in the piping greater than 50 percent of the specified minimum yield strength of the pipe. For tests requiring a pressure of 3 psig, diaphragm gauges shall utilize a dial with a minimum diameter of three and one half inches (3 ½”), a set hand, 1/10 pound incrementation and pressure range not to exceed 15 psi for tests requiring a pressure of 3 psig. For tests requiring a pressure of 10 psig, diaphragm gauges shall utilize a dial with a minimum diameter of three and one-half inches (3 ½”), a set hand, a minimum of 2/10 pound incrementation and a pressure range not to exceed 50 psi. For welded piping, and for piping carrying gas at pressures in excess of fourteen (14) inches water column pressure (3.48 kPa) (1/2 psi) and less than 200 inches of water column pressure (52.2 kPa) (7.5 psi), the test pressure shall not be less than ten (10) pounds per square inch (69.6 kPa). For piping carrying gas at a pressure that exceeds 200 inches of water column (52.2 kPa) (7.5 psi), the test pressure shall be not less than one and one-half times the proposed maximum working pressure. Diaphragm gauges used for testing must display a current calibration and be in good working condition. The appropriate test must be applied to the diaphragm gauge used for testing. (Reason: To provide for lesser pressures to coordinate with the use of more accurate diaphragm gauges.) **Section 409.1; add Section 409.1.4 to read as follows: 409.1.4 Valves in CSST installations. Shutoff valves installed with corrugated stainless steel (CSST) piping systems shall be supported with an approved termination fitting, or equivalent support, suitable for the size of the valves, of adequate strength and quality, and located at intervals so as to prevent or damp out excessive vibration but in no case greater than 12-inches from the center of the valve. Supports shall be installed so as not to interfere with the free expansion and contraction of the system's piping, fittings, and valves between anchors. All valves and supports shall be designed and installed so they will not be disengaged by movement of the supporting piping. (Reason: To provide proper security to CSST valves. These standards were established in this region in 1999 when CSST was an emerging technology.) **Section 410.1; add a second paragraph and exception to read as follows: Access to regulators shall comply with the requirements for access to appliances as specified in Section 306. Exception: A passageway or level service space is not required when the regulator is capable of being serviced and removed through the required attic opening. (Reason: To require adequate access to regulators.) **Section 621.2; add exception as follows: 621.2 Prohibited use. One or more unvented room heaters shall not be used as the sole source of comfort heating in a dwelling unit. Exception:Existing approved unvented heaters may continue to be used in dwelling units, in accordance with the code provisions in effect when installed, when approved by the Code Official unless an unsafe condition is determined to exist as described in Section 108.7. (Reason: Gives code official discretion.) END 87 Page 1 of 4 CITY OF THE COLONY, TEXAS ORDINANCE NO. 2021 INTERNATIONAL MECHANICAL CODE WITH LOCAL AMENDMENTS AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS, AMENDING CHAPTER 6, ARTICLE I OF THE CODE OF ORDINANCES OF THE CITY OF THE COLONY, TEXAS, BY REPEALING IN ITS ENTIRETY SECTION 6-4, ENTITLED "INTERNATIONAL MECHANICAL CODE ADOPTED" AND REPLACING IT WITH A NEW SECTION 6-4, ENTITLED "INTERNATIONAL MECHANICAL CODE ADOPTED" BY ADOPTING THE 2021 EDITION OF THE INTERNATIONAL MECHANICAL CODE, AND LOCAL AMENDMENTS TO THE INTERNATIONAL MECHANICAL CODE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A REPEALER CLAUSE; PROVIDING A PENALTY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council of the City of The Colony, Texas, is of the opinion that the 2021 Edition of the International Mechanical Code, along with local amendments hereto, should be adopted as the Mechanical Code for the City of The Colony. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS: SECTION 1. That the findings set forth above are incorporated into the body of this Ordinance as if fully set forth herein. SECTION 2. That the Code of Ordinances of the City of The Colony, Texas, be, and the same is, hereby amended by amending Chapter 6, Article I, by repealing in its entirety Section 6-4, and replacing it with a new Section 6-4, entitled "International Mechanical Code Adopted" which shall read as follows: “Sec. 6-4. International Mechanical Code Adopted. (a)Adoption. The International Mechanical Code with Appendix A, 2021 edition, is hereby adopted and designated as the Mechanical Code for the City of The Colony, Texas. A copy of the 2021 Edition of the International Mechanical Code is on file in the office of the City Secretary. (b)Local Amendments.The following provisions are local amendments to the 2021 International Mechanical Code. Each provision is a substitute for the identically numbered provision contained in the 2021 Edition of the International Mechanical Code or is a 88 Page 2 of 4 provision added to the 2021 Edition of the International Mechanical Code, and is attached hereto as Exhibit A to this Ordinance.” SECTION 3.If any section, article paragraph, sentence, clause, phrase or word in this Ordinance, or application thereto any persons or circumstances is held invalid or unconstitutional by a Court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this Ordinance; and the City Council hereby declares it would have passed such remaining portions of this Ordinance despite such invalidity, which remaining portions shall remain in full force and effect. SECTION 4.That all provisions of the Ordinances of the City of The Colony, Texas, in conflict with the provisions of this Ordinance be, and the same are hereby amended, repealed, and all other provisions of the Ordinances of the City not in conflict with the provisions of this Ordinance shall remain in full force and effect. SECTION 5.Any person, firm, or corporation violating any of the provisions of this Ordinance shall be deemed guilty of a misdemeanor and, upon conviction in the municipal court of the City of The Colony, Texas, shall be punished by a fine not to exceed the sum of Two Thousand Dollars ($2,000.00) for each offense. Every day a violation occurs shall constitute a separate offense. SECTION 6. This Ordinance shall become effective from and after its date of passage in accordance with law. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS, THIS day of FEBRUARY, 2024. Richard Boyer, Mayor ATTEST: Tina Stewart, TRMC, CMC City Secretary APPROVED AS TO FORM: Jeff Moore, City Attorney 89 Page 3 of 4 Exhibit A [International Mechanical Code Local Amendments] 90 Page 4 of 4 Section 102.8; change to read as follows: 102.8 Referenced Codes and Standards. The codes and standards referenced herein shall be those that are listed in Chapter 15 and such codes, when specifically adopted, and standards shall be considered part of the requirements of this code to the prescribed extent of each such reference. Where differences occur between provisions of this code and the referenced standards, the provisions of this code shall apply. Whenever amendments have been adopted to the referenced codes and standards, each reference to said code and standard shall be considered to reference the adopted amendments. Any reference to NFPA 70 shall mean the National Electrical Code. Section 306.5; change to read as follows: 306.5 Equipment and Appliances on Roofs or Elevated Structures. Where equipment requiring access or appliances are located on an elevated structure or roof of a building such that personnel will have to climb higher than 16 feet (4877 mm) above grade to access, an interior or exterior means of access shall be provided. Exterior ladders providing roof access need not extend closer than 12 feet (2438 mm) to the finish grade or floor level below and shall extend to the equipment and appliances’ level service space. Such access shall . . .[bulk of section to read the same] . . .on roofs having a slope of slope of greater than four units vertical in 12 units horizontal (33-percent slope . . .[remainder of text unchanged]. Section 306.5.1: change to read as follows: 306.5.1 Sloped Roofs. Where appliances, equipment, fans or other components that require service are installed on a roof having a slope of three units vertical in 12 units horizontal (25-percent slope) or greater and having an edge more than 30 inches (762) above grade at such edge, a catwalk at least 16 inches in width with substantial cleats spaced not more than 16 inches apart shall be provided from the roof access to a level platform at the appliance. The level platform shall be provided on each side of the appliance to which access is required for service, repair or maintenance. The platform shall not be less than 30 inches (762 mm) in any dimension and shall be provided with guards. The guards shall extend not less than 42 inches (1067 mm) above the platform, shall be constructed so as to prevent the passage of a 21-inch diameter (533 mm) sphere and shall comply with the loading requirements for guards specified in the International Building Code . . .[remainder of text unchanged]. Section 501.3; add an exception to read as follows: 501.3 Exhaust Discharge. The air removed by every mechanical exhaust shal be discharged outdoors at a point where it will not cause a public nuisance and not less than the distances specified in the Section 501.3.1. The air shall be discharged to a location from which it cannot again be readily drawn in by a ventilating system. Air shall not be exhausted into an attic, crawl space, or be directed onto walkways. Exceptions: 1. Whole-house ventilation-type attic fans shall be permitted to discharge into the attic space of dwelling units having private attics. 2. Commercial cooking recirculating systems. 3. Where installed in accordance with the manufacturer’s instructions and where mechanical or natural ventilation is otherwise provided in accordance with Chapter 4, listed and labeled domestic ductless range hoods shall not be required to discharge to the outdoors. 4. Toilet room exhaust ducts may terminate in a warehouse or shop area when infiltration of outside air is present. 91 Page 1 of 5 CITY OF THE COLONY, TEXAS ORDINANCE NO. 2021 INTERNATIONAL PLUMBING CODE WITH LOCAL AMENDMENTS AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS, AMENDING CHAPTER 6, ARTICLE I OF THE CODE OF ORDINANCES OF THE CITY OF THE COLONY, TEXAS, BY REPEALING IN ITS ENTIRETY SECTION 6-5, ENTITLED "INTERNATIONAL PLUMBING CODE ADOPTED" AND REPLACING IT WITH A NEW SECTION 6-5, ENTITLED "INTERNATIONAL PLUMBING CODE ADOPTED" BY ADOPTING THE 2021 EDITION OF THE INTERNATIONAL PLUMBING CODE, AND LOCAL AMENDMENTS TO THE INTERNATIONAL PLUMBING CODE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A REPEALER CLAUSE; PROVIDING A PENALTY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council of the City of The Colony, Texas, is of the opinion that the 2021 Edition of the International Plumbing Code, along with local amendments hereto, should be adopted as the Plumbing Code for the City of The Colony. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS: SECTION 1. That the findings set forth above are incorporated into the body of this Ordinance as if fully set forth herein. SECTION 2. That the Code of Ordinances of the City of The Colony, Texas, be, and the same is, hereby amended by amending Chapter 6, Article I, by repealing in its entirety Section 6- 5, and replacing it with a new Section 6-5, entitled "International Plumbing Code, 2021 Edition Adopted and Amended" which shall read as follows: “Sec. 6-5. International Plumbing Code Adopted. (a)Adoption. The International Plumbing Code with Appendices A through F, 2021 edition, is hereby adopted and designated as the Plumbing Code for the City of The Colony, Texas. A copy of the 2021 Edition of the International Plumbing Code is on file in the office of the City Secretary. (b)Local Amendments.The following provisions are local amendments to the 2021 International Plumbing Code. Each provision is a substitute for the identically numbered provision contained in the 2021 Edition of the International Plumbing Code or is a provision added to the 2021 Edition of the International Plumbing Code, and are attached hereto as Exhibit A to this Ordinance.” 92 Page 2 of 5 SECTION 3.If any section, article paragraph, sentence, clause, phrase or word in this Ordinance, or application thereto any persons or circumstances is held invalid or unconstitutional by a Court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this Ordinance; and the City Council hereby declares it would have passed such remaining portions of this Ordinance despite such invalidity, which remaining portions shall remain in full force and effect. SECTION 4.That all provisions of the Ordinances of the City of The Colony, Texas, in conflict with the provisions of this Ordinance be, and the same are hereby amended, repealed, and all other provisions of the Ordinances of the City not in conflict with the provisions of this Ordinance shall remain in full force and effect. SECTION 5.Any person, firm, or corporation violating any of the provisions of this Ordinance shall be deemed guilty of a misdemeanor and, upon conviction in the municipal court of the City of The Colony, Texas, shall be punished by a fine not to exceed the sum of Two Thousand Dollars ($2,000.00) for each offense. Every day a violation occurs shall constitute a separate offense. SECTION 6. This Ordinance shall become effective from and after its date of passage in accordance with law. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS, THIS day of FEBRUARY, 2024. Richard Boyer, Mayor ATTEST: Tina Stewart, TRMC, CMC City Secretary APPROVED AS TO FORM: Jeff Moore, City Attorney 93 Page 3 of 5 Exhibit A [International Plumbing Code Local Amendments] 94 Page 4 of 5 Table of Contents, Chapter 7, Section 713; change to read as follows: 713 Engineered Drainage Design……………7-12 Section 102.8; change to read as follows: 102.8 Referenced codes and standards. The codes and standards that are listed in this code shall be those that are listed in Chapter 15 and such codes, when specifically adopted, and standards shall be considered as part of the requirements of this code to the prescribed to the extent of each such reference. Where the differences occur between provisions of this code and the referenced standards, the provisions of this code shall be the minimum requirements. Whenever amendments have been adopted to the referenced codes and standards, each reference to said code and standard shall be considered to reference the adopted amendment. Any reference to NFPA 70 shall mean the National Electrical Code as adopted. Section 305; change to read as follows: 305.1 Protection against contact. Metallic piping, except for cast iron, ductile iron and galvanized steel, shall not be placed in direct contact with steel framing members, concrete or cinder walls and floors or other masonry. Metallic piping shall not be placed in direct contact with corrosive soil. Where sheathing used to prevent direct contact, the sheathing shall have a thickness of not less than 0.008 inch) (8mil) (0.203) and the sheathing shall be made of approved material. Where sheathing protects piping that penetrates concrete or masonry walls or floors, the sheathing shall be installed in a manner that allows movements of the piping within the sheathing. Section 305.4.1; change to read as follows: 305.4.1 Sewer depth. Building sewers shall be a minimum of 12 inches below grade. Section 306.2.4: added to read as follows: 306.2.4 Plastic sewer and DWV piping installation. Plastic sewer and DWV piping installed underground shall be installed in accordance with the manufacturer’s installation instructions. Trench width shall be controlled to not exceed the outside of the pipe diameter plus 16 inches or in a trench which has a controlled width equal to the nominal diameter of the diameter of the piping multiplied by 1.25 plus 12 inches. The piping shall be bedded in 4 inches of granular fill and then backfilled compacting the side fill in 6-inch layers on each side of the piping. The compaction shall be to a minimum of 6 inches above the top of the pipe. Section 413.4; change to read as follows: 413.4 Required location for floor drains. Floor drains shall be installed in the following areas. 1. Public laundries and in the central washing facilities of multiple family dwellings, the rooms containing automatic clothes washers shall be provided with floor drains located to readily drain the entire floor area. Such drains shall have a minimum of not less than 3 inches (76 mm) in diameter. 95 Page 5 of 5 2. Commercial kitchens. I lieu of floor drains in commercial kitchens, the Code Official may accept floor sinks. 3. Public restrooms. Section 608.17.5; change to read as follows: 608.17.5 Connection to lawn irrigation systems. The potable water supply to lawn irrigation systems shall be protected against backflow by an atmospheric-type vacuum breaker, a pressure- type vacuum breaker, a double check assembly or a reduced pressure principle backflow preventer. A valve shall not be installed downstream from an atmospheric vacuum breaker. Where chemicals are introduced into the system, the potable water supply shall be protected against backflow by a reduced pressure principle backflow preventer. Section 703.6; Delete Section 704.5; added to read as follows: 704.5 Single stack fittings. Single stack fitting with internal baffle, PVC schedule 40 or cast-iron single stack fittings shall be designed by a registered engineer and comply to a national recognized standard. Section 712.4.3 Dual Pump System. All sumps shall be automatically discharged and, when any “public use” occupancy where the sump serves more than 10 fixture units, shall be provided with dual pumps or ejectors arranged to function independently in case of overload or mechanical failure. For storm drainage sumps and pumping systems, see Section 1113. Section 713, 713.1; change to read as follows: ENGINEERED DRAINAGE DESIGN Section 713.1 Design of drainage system. The sizing, design, and layout of the drainage system shall be designed by a registered engineer using approved design methods. Section 903.1.1; change to read as follows: 903.1.1 Roof extension unprotected. Open vent pipes that extend through a roof shall terminate not less than six (6) inches above the roof. Section 1109; delete this section. Section 1202.1: delete Exceptions 1 and 2. 96 Page 1 of 16 CITY OF THE COLONY, TEXAS ORDINANCE NO. 2021 INTERNATIONAL RESIDENTIAL CODE WITH LOCAL AMENDMENTS AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS, AMENDING CHAPTER 6, ARTICLE I OF THE CODE OF ORDINANCES OF THE CITY OF THE COLONY, TEXAS, BY REPEALING IN ITS ENTIRETY SECTION 6-1, ENTITLED "INTERNATIONAL RESIDENTIAL CODE ADOPTED" AND REPLACING IT WITH A NEW SECTION 6-1, ENTITLED "INTERNATIONAL RESIDENTIAL CODE ADOPTED" BY ADOPTING THE 2021 EDITION OF THE INTERNATIONAL RESIDENTIAL CODE, AND LOCAL AMENDMENTS TO THE INTERNATIONAL RESIDENTIAL CODE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A REPEALER CLAUSE; PROVIDING A PENALTY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council of the City of The Colony, Texas, is of the opinion that the 2021 Edition of the International Residential Code, along with local amendments hereto, should be adopted as the Residential Building Code for the City of The Colony. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS: SECTION 1. That the findings set forth above are incorporated into the body of this Ordinance as if fully set forth herein. SECTION 2. That the Code of Ordinances of the City of The Colony, Texas, be, and the same is, hereby amended by amending Chapter 6, Article I, by repealing in its entirety Section 6- 1, and replacing it with a new Section 6-1, entitled "International Residential Code Adopted" which shall read as follows: “Sec. 6-1. International Residential Code Adopted. (a)Adoption. The International Residential Code with Appendices A through Q, excluding Appendix L, 2021 edition, is hereby adopted and designated as the Residential Code for the City of The Colony, Texas. A copy of the 2021 Edition of the International Residential Code is on file in the office of the City Secretary. (b)Local Amendments.The following provisions are local amendments to the 2021 International Residential Code. Each provision is a substitute for the identically numbered provision contained in the 2021 Edition of the International Residential Code or is a provision added to the 2021 Edition of the International Residential Code, and is attached hereto as Exhibit A.” 97 Page 2 of 16 SECTION 3.If any section, article paragraph, sentence, clause, phrase or word in this Ordinance, or application thereto any persons or circumstances is held invalid or unconstitutional by a Court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this Ordinance; and the City Council hereby declares it would have passed such remaining portions of this Ordinance despite such invalidity, which remaining portions shall remain in full force and effect. SECTION 4.That all provisions of the Ordinances of the City of The Colony, Texas, in conflict with the provisions of this Ordinance be, and the same are hereby amended, repealed, and all other provisions of the Ordinances of the City not in conflict with the provisions of this Ordinance shall remain in full force and effect. SECTION 5.Any person, firm, or corporation violating any of the provisions of this Ordinance shall be deemed guilty of a misdemeanor and, upon conviction in the municipal court of the City of The Colony, Texas, shall be punished by a fine not to exceed the sum of Two Thousand Dollars ($2,000.00) for each offense. Every day a violation occurs shall constitute a separate offense. SECTION 6. This Ordinance shall become effective from and after its date of passage in accordance with law. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS, THIS day of FEBRUARY, 2024. Richard Boyer, Mayor ATTEST: Tina Stewart, TRMC, CMC City Secretary APPROVED AS TO FORM: Jeff Moore, City Attorney 98 Page 3 of 16 Exhibit A [International Residential Code Local Amendments] 99 Page 4 of 16 The energy provisions in IRC Chapter 11 is deleted in its entirety. Reference the 2021 IECC for energy code provisions and recommend amendments. Section R102.4; change to read as follows: R102.4. Referenced codes and standards. The codes, when specifically adopted, and standards referenced in this code shall be considered part of the requirements of this code to the prescribed extent of each such reference and as further regulated in Sections R102.4.1 and R 102.4.2. Whenever amendments have been adopted to the referenced codes and standards, each reference to said code and standard shall be considered to reference the amendments as well. Any reference to NFPA 70 or the Electrical code shall mean the Electrical Code as adopted. Section R103 and R103.1 amend to insert the Department Name The Department of Building Inspections R103.1 Creation of enforcement agency.The Building Inspections Department is hereby created and the official in charge thereof shall be known as the building official. Section R104.10.1 Flood Hazard Areas: delete this section. Section R105.3.1 and R106.1.4: delete these sections. Section R110 (R110.1 through R110.5); delete the section. Section R202; change definition of "Townhouse" to read as follows: TOWNHOUSE. A single-family dwelling unit separated by property lines in a townhouse that extends from foundation to roof and that has a yard or public way on not less than two sides. Section R202; amended to include the following definition: Repair of leaks. For the purposes of this code, the repair of leaks refers to the correction of leaking joints which can be repaired through the tightening of existing fittings only. Table R301.2 (1); fill in as follows: GROUND SNOW WIND DESIGN SEISMIC SUBJECT TO DAMAGE FROM WI NT ER ICE BA RRI FL OO D HA AIR FR EE ME AN AN NU 100 Page 5 of 16 Delete remainder of table Manual J Design Criteria and Footnote N Section 302.1; add exception #6 to read as follows: Exceptions [previous exceptions unchanged]. 6. Open non-combustible carport structures may be constructed when also approved within adopted ordinances. Section R302.3; add Exception #3 to read as follows: Exceptions: 3. Two-family dwelling units that are also divided by a property line through the structure shall be separated as required for townhouses. Section R302.2.6; delete Exception #6: Exceptions [previous exceptions unchanged] Section R302.5.1; change to read as follows: R302.5.1 Opening protection. Openings from a private garage directly into a room used for sleeping purpose shall not be permitted. Other opening between the garage and residence shall be equipped with solid wood doors not less than 1 3/8 inches (35 mm) in thickness, solid or honeycomb core steel doors not less than 1 3/8 inches (35 mm) thick, or 20-minute rated fire doors. Section 303.3, Exception; amend to read as follows: Exception: [existing text unchanged] Spaces containing only a water closet or water closet and lavatory may be ventilated with an approved mechanical recirculating fan or similar device designed to remove odors from the air. R307.3 Blocking. Required at one toilet at grade level. Blocking per Section R307.4 shall be installed at rear wall and one wall adjacent to toilet at the lowest living level where a toilet is provided. 3R307.4 Blocking. Required at one toilet at grade level. Blocking per Sec. R 307.4 and Figure 307.4, shall be installed at rear wall and one wall adjacent to toilet at the lowest living level where a toilet is provided. R307.4 Blocking. Blocking may be 1/2/” plywood or equivalent or 2x solid wood blocking flush with wall. LOAD SPEEDd (MPH) Topographic Effectsk Special Wind RegionL Windborne Debris Zonem DESIGN CATEGORYf A Weatheringª Frost Line Depthb Termitec 5 lb/ft 220 F No Local Code 150 64.90 F 115 (3 sec- gust)/ 76 fastest mile No No No Moderate 6”Very Heavy 101 Page 6 of 16 Section R313.2 One and Two Family Dwellings; Delete this section and subsection in their entirety. Section R315.2.2 Alterations, repairs and additions, amend to read as follows: Exception 1. [Existing text remains] 2. Installation, alteration r repairs of all electrically powered mechanical systems or plumbing appliances. Section R322 Flood Resistant Construction; delete section. Section 327.1.1 Adjacency to Structural Foundation; add to read as follows: Secton 327.1.1 Adjacency to Structural Foundation. Depth of the swimming pool and spa shall maintain a ratio of 1:1 from the nearest building foundation or footing of a retaining wall. Exception:A sealed engineered design drawing of the proposed new structure shall be submitted for approval. Section R401.2; amending by adding a new paragraph following the existing paragraph to read as follows. Section R401.2. Requirements [existing text unchanged]. Every foundation and/or footingor any size addition to an existing post-tension foundation, regulated by the code shall be designed and sealed by a Texas-registered engineer. Section R602.6.1; amend the following: R602.6.1 Drilling and notching of top plate. When piping or ductworkis placed in or partly in an exterior wall or interior load-bearing wall, necessitating cutting, drilling or notching of the top plate by more than 50 percent orf its width, a galvanized metal tie not less than 0.54 inch thick (1.37 mm) and 5 inches wide (127 mm) wide shall be fastened across and to the plate at each side of the opening with not less than eight 10d )0.148) inch diameter) having a minimum length of 1 1/12 inches (38) at each side or equivalent. Fasteners will be offset to prevent splitting of the top plate material. The metal tie must extend a minimum of 6 inches past the opening. See figure 102 Page 7 of 16 R602.6.1 [remainder unchanged]. Figure R602.6.1; delete figure and insert the following figure: Section R902.1; amend and add exception #5 to read as follows: R902.1 Roofing covering materials. Roofs shall be covered with materials as set forth in Sections R904 and R905. Class A, B, C roofing shall be installed [remainder unchanged] Exceptions: 1. [text unchanged] 2. [text unchanged] 3. [text unchanged] 4. [text unchanged] 5. Non-classified roof coverings shall be permitted on one-story detached accessory structures used as tool and storage sheds, playhouses, and similar uses, provided the floor area does not exceed 120 square feet. Section R908 Structural and construction loads: add text read as follows: Where heavier decking than the original is specified or desired for reroofing, a sealed analysis from a Texas-registered professional engineer must accompany the application to ensure the structure is capable of supporting such. 103 Page 8 of 16 Chapter 11 – Energy Efficiency is deleted in its entirety; Reference the 2021 IECC for energy code provisions and recommended amendments. Section M1305.1.2; change to read as follows: M1305.1.2 Appliance in attics. Attics containing appliances shall be provided . . . [bulk of paragraph unchanged]… side of the appliance. The clear access opening dimensions shall be a minimum of 20 inches by 30 inches (508 mm by 762 mm), and large enough to allow removal of the largest appliance. As a minimum, for access to the attic space, provide one of the following: 1. A permanent stair. 2. A pull down stair with a minimum 300 lb. (136 kg) capacity. 3. An access door from an upper floor level. Exceptions: [remaining text unchanged] Section M1411.3; change to read as follows: M1411.3 Condensate disposal. Condensate from all cooling coils or evaporators shall be conveyed from the drain pan outlet to a sanitary trap, by means of a direct or indirect drain. Exceptions: [remaining text unchanged] Section M1411.3.1, items 3 and 4 add text to read as follows: M1411.3.1 Auxiliary and secondary drain systems [bulk of paragraph unchanged] 1. [text unchanged] 2. [text unchanged] 3. An auxiliary drain pan . . .[bulk of text unchanged] . . .with item 1 of this section. A water level detection device may be installed only with prior approval of the Building Official. 4. A water level detection device . . .[bulk of text unchanged] . . .overflow rim of such pan. A water level detection may be installed only with prior approval of the Building Official. Section M1411.3.1.1; add text to read as follows: M1411.3.1.1 Water level monitoring devices. On down-flow units . . .[bulk of text unchanged} . . . installed in the drain line. A water level detection device may be installed only with prior approval of the Building Official. M1503.6 Makeup Air Required; amend to read as follows: M1503.6 Makeup air required. Where one or more gas, liquid or solid fuel-burning appliance that is neither direct-vent nor uses a mechanical draft system is located within a dwelling unit’s air barrier, each exhaust system capable of exhausting in excess of 400 cubic feet per minute (0.19 m3/s) shall be mechanically or passively provided with makeup air at a rate approximate to the difference between exhaust air rate and 400 cubic feet per minute. Such makeup air systems shall be equipped with not fewer than one damper complying with Section M1503.6.2. Exception: Makeup air is not required for exhaust systems installed for the exclusive purpose of space cooling and intended to be operated only when windows or other air inlets are open. Where all appliances in the house are of sealed combustion, power-vent, unvented, or electric, the exhaust hood system shall be permitted to exhaust up to 600 cubic feet per minute (0.28 m3/s) without providing makeup air. Exhaust hood systems capable of exhausting 600 cubic feet per minute (0.28m3/s) shall be provided with a makeup air at a rate approximately to the distance between the exhaust air rate and 600 cubic feet per minute. 104 Page 9 of 16 Section M2005.2; change to read as follows: M2005 Prohibited locations. Fuel fired water heaters shall not be installed in a room used as a storage closet. Water heaters located in a bedroom or bathroom shall be installed in a sealed enclosure so that combustion air will not be taken from the living space. Access to such enclosure may be from the bedroom or bathroom when through a solid door, weather stripped in accordance with the exterior door air leakage requirements of the International Energy Conservation Code and equipped with and approved self-closing device. Installation of direct-vent heaters within an enclosure is not required. Section G2408.3 (305.5) Private Garages;; delete this section in its entirety. Section G2415.2 (404.2) CSST; add a second paragraph to read as follows: Both ends of each section of medium pressure gas piping shall identify its operating gas pressure with an approved tag. The tags are to be composed of aluminum or stainless steel and the following working shall be stamped onto the tag: “WARNING: ½ top 5 psi gas pressure – Do Not Remove” Section G2415.12 (404.12) and G2415.12.1 (404.12.1); change to read as follows: G2415.12 (404.12) Minimum burial depth. Underground piping systems shall be installed I minimum of 18 below grade. Section 2415.12.1 (404.12.1) Individual Outdoor Appliances; Delete in its entirety. Section G2417.1 (406.1); change to read as follows: G2417.1 (406.1) General. Prior to acceptance and initial operation, all piping installations shall be inspected to determine that the materials, design, fabrication and installation practices comply with the requirements of this code. The permit holder shall make the applicable tests prescribed in Sections 2417.1.1 through 2417.1.5 to determine compliance with the provisions of this code. This permit holder shall give reasonable advance notice to the Building Official when the piping system is ready for testing. The equipment, material, power and labor necessary for the inspections and test shall be furnished by the permit holder and the permit holder shall be responsible for determining that the work will withstand the test pressure in the following tests. Section G2417.4; change to read as follows: G2417.4 (406.4) Test pressure measurement. Test pressure shall be measured with a monometer or with a pressure-measuring device designed and calibrated to read, record, or indicate a pressure loss caused by leakage during the pressure test period .The source of pressure shall be isolated before the pressure tests are made. Section G2417.4.1; change to read as follows G2417.4 (406.4) Test pressure. The test pressure to be used shall be no less than 3 psig (20 kPa gauge) or at the discretion of the Code Official, the piping and valves may be tested at a pressure level of at least six (6) inches of mercury, measured with a manometer or slope gauge. For test requiring a pressure of 3 psig, diaphragm gauges shall utilize a dial with a minimum diameter of three and one-half inches (3 ½), a set hand, 1/10 pound incrementation and pressure range not to exceed 6 psi for tests requiring a pressure of 3 psig. For tests requiring a pressure of 10 psig, 105 Page 10 of 16 diaphragm gauges shall utilize a dial with a minimum diameter of three and one-half inches (3 ½), a set hand, a minimum of 2/10 pound incrementation and a pressure range not to exceed 20 psi. For welded piping, and for piping carrying gas at pressures in excess fourteen (14) inches water column pressure (3.48 kPa) (1/2 psi) and less than 200 inches of water column pressure (52.2 kPa) (7.5 psi), the test pressure shall not be less than ten (10) pounds per square inch (69.6 kPa). For piping carrying gas at a pressure that exceeds 200 inches of water column (52.2 kPa) (7.5), the test pressure shall be not less than one and one-half times the proposed maximum working pressure. Diaphragm gauges used for testing must display a current calibration and be in good working condition. The appropriate test must be applied to the diaphragm gauge used for testing. Section G2417.4.2; change to read as follows: G2417.4.2 (406.4.2) Test duration. The test duration shall be held for a length of time satisfactory to the Building Official, but in no case, for less than 15 minutes. For welded piping, and for piping carrying gas at pressures in excess of fourteen (14) inches of water column pressure (3.48 kPa), the test duration shall be held for a length of time satisfactory to the Building Official, but in no case for less than thirty (30) minutes. Section G2420.1 (406.1); add section to read as follows: G2420.1. Valves in CSST installations. Shutoff valves installed with corrugated stainless steel (CSST) piping systems shall be supported with an approved termination fitting, or equivelant support, suitable for the size of the valves, of adequate strength and quality, and located at intervals so as to prevent or damp out excessive vibration but in no case greater that 12-inches from the center of the valve. Supports shall be installed so as not to interfere with the free expansion and contraction of the systems’s piping fittings and valves between anchors. All valves and supports shall be designed and installed so they will not be disengaged by movement of the supporting piping. Section G2420.5.1 (409.5.1); add text to read as follows: G2420.5.1 (409.5.10 Located within the same room. The shut off valve … [bulk of paragraph unchanged] . . . in accordance with the appliance manufacturers instructions. A secondary shut off valve must be installed ithin 3 feet (914 mm0 of the firebox if appliance shutoff is located in the firebox. Section G2421.1 (409.1): add text to read as follows: G2421.1 (410.1) Pressure regulators. A line pressure regulator shall be . . . [bulk of paragraph unchanged] . . . approved for outdoor installation. Access to regulators shall comply with the requirements for access to appliances as specified in Section M1305. Esception: A passageway or level service space is not required when the regulator is capable of being serviced through the attic opening. Section G2422.1.2.3 (411.1.3.3) Prohibited locations and penetrations; delete Exception 1 and Exception 4. Section G2445.2 (411.1.3.3); add Exception to read as follows: G244.5 (621.2) Prohibited use. One or more unvented room heaters shall not be used as the sole source of comfort heating in a dwelling unit. 106 Page 11 of 16 Exception:Existing approved unvented room heaters may continue to be used in dwelling units, in accordance with the code provisions in effect when installed, when approved by the Building Official unless an unsafe condition is determined to exist as described in International Fuel Gas Code Section 106.7 of the Fuel Gas Code. Section 2448.1.1 (624.1.1); change to read as follows: G2448.1.1 (624.1.1) Installation requirements. The requirements for water heaters relative to access, sizing, relief valves, drain pans and scald protection shall be in accordance with this code. Section P2603; add to read as follows: P26034.5.1 Protection against corrosion. Metallic piping, except for cast iron, ductile iron and galvanized steel shall not be placed in direct contact with steel framing members, concrete of cinder walls and floors or other masonry. Metallic piping shall not be placed in direct contact with corrosive soil.Where sheathing is used to preventdirect contact, the sheathing shall have a thickness of not lss than0.008 inch(8 mil) (0.203 mm) and the sheathing shall be made of approved material. Where sheathing protects piping that penetrates concrete or masonry walls or floors, the sheathing shall be installed in a manner that allows movement of the piping within the sheathing. Section 2603.5.1 Sewer Depth; change to read as follows: P2603.5.1 Sewer depth. Building sewers that connect to private sewage disposal systems shall be a minimum of 12 inches below finished grade at the point of septic connection. Building sewers shall be a minimum of 12 inches below grade. Section P2604; add to read as follows: P2604.2.1 Plastic sewer and DWV piping installation. Plastic sewer and DWV piping installed underground shall be installed in accordance with the manufacture’s installation instructions. Trench width shall be controlled to not exceed the outside the pipe diamet3er plus 16 inches or in a trench which has a controlled width equal to the nominal diameter of the piping multiplied by 1.25 plus 12 inches. The piping shall be bedded in 4 inches of granular fill and then backfilled compacting the side fill in 6-inch layers on each side of the piping. The compaction shall be be to minimum of 85 percent standard proctor density and extend to a minimum of 6 inches above the top of the pipe. Section P2801; change to read as follows: P2801.6 Required pan. Where a storage tank-type water heater or a hot water storage tank in installed in a location where water leakage from the tank will cause damage, the tank shall be installed in a pan constructed of one of the following: 1. Galvanized steel or aluminum of not less than 0.02365 inch (0.6010) in thickness. 2. Plastic not less than 0.036 inch (0.9) in thickness. Other approved materials. Section P2801.6.1; change to read as follows: Section P2801.6.1 Pan size and drain. The pan shall be not less than 1 ½ inches (38 mm) in depth and shall be of sufficient size and shape to receive all dripping or condensate from the tank or water heater. The pan shall be drained by an indirect waste pipe having a diameter of not less than 107 Page 12 of 16 ¾ inch (19 mm). Piping for safety pan drains shall be of those materials listed in Table P2906.5. Multiple pan drains may terminate to a single discharge piping system when approved by the administrative authority and permitted by the manufacturer’s installation instructions and installed with those instructions [existing text unchanged]. Section P2804.6.1; change to read as follows: Section P2804.6.1 Requirements for discharge piping. The discharge piping serving a pressure relief valve, temperature relief valve of combination thereof shall: 1. Not be direcly connected to the drainage system. 2. Discharge through an air gap. 3. Not be smaller than the diameter of the outlet of the valve served and shall discharge full size to the air gap. 4.Serve a single relief device and shall not connect to piping serving anyother relief device or equipment. Exception: Multiple relief devices may be installed to a single T&P discharge piping system when approved by the administrative authority and permitted by the manufacturers installations instructions and installed with those instructions. [remainder unchanged]. Section P2902.5.3; change to read as follows: Section P2902.5.3 Lawn irrigation systems. The potable water supply systems shall be protected against backflowby an automatic-type vacuum breaker, a pressure-type vacuum breaker, a double- check assembly or a reduced pressure principle backflow preventer. A valve shall not be installed downstream from an automatic vacuum breaker. Where chemicals are introduced in the system, the potable water supply shall be protected against backflow by a reduced pressure principle backflow preventer. Section P3003.9: change to read as follows: P3003.9 Solvent cementing. Joint surfaces shall be clean free from moisture. A purple primer that conforms to ASTM F 656 shall be applied. Solvent cement not purple in color and conforming to ASTM D 2564, CSA B137.3, CSA B181.2 or CSA 181.1 shall be applied to all joint surfaces. The joint shall be made while the cement is wet and shall be in accordance with ASTM D 2855. Solvent cement joints shall be permitted above or below ground. Section P3111 Combination waste and vent systems; delete this section in its entirety. Section P3112.2 Vent Connection; delete and replace with the following: P3112.2 Installation. Traps for island sinks and similar equipment shall be roughed in above the floor and may be vented by extending the vent as high as possible, but not less than the drainboard height and then returning it downward and connecting it to the horizontal sink drain immediately downstream from the vertical fixture drain. The return vent shall be connected to the horizontal drain through a wye-branch fitting and shall, in addition, be provided with a foot vent taken off the vertical fixture vent by means of a wye-branch immediately below the floor and extending to the nearest partition and then through the roof to the open air or may be connected to other vents at a point not less than six (6) inches (152 mm) above the flood rim of the fixtures served. Drainage fittings shall be used on all parts of the vent below the floor level and a minimum slope of one- quarter (1/4) inch per foot (20.9 mm/m) back to the drain shall be maintained. The return bend used under the drain-board shall be a one piece fitting or an assembly of a forty-five (45) degree 108 Page 13 of 16 (0.79) degree (0.79 radius), a ninety (90) degree (1.6 radius) and a forty-five (45) degree (0.79 radius) elbow in the order named. Pipe sizing shall be as elsewhere required in this code. The island sink drain, upstream of the return vent, shall serve no other fixtures. An accessible cleanout shall be installed in the vertical portion of the foot vent. Chapter 11 [RE] – Energy Efficiency is deleted in its entirety; Reference the 2018 IECC for energy code provisions and recommended amendments. Section M1305.1.2; change to read as follows: M1305.1.2 Appliances in attics. Attics containing appliances shall be provided . . . {bulk of paragraph unchanged} . . . side of the appliance. The clear access opening dimensions shall be a minimum of 20 inches by 30 inches (508 mm by 762 mm), and large enough to allow removal of the largest appliance. As a minimum, for access to the attic space, provide one of the following: 1. A permanent stair. 2. A pull down stair with a minimum 300 lb (136 kg) capacity. 3. An access door from an upper floor level. Exceptions: 1. The passageway and level service space are not required where the appliance can be serviced and removed through the required opening. 109 Page 14 of 16 2. Where the passageway is unobstructed…{remaining text unchanged} Section M1411.3; change to read as follows: M1411.3 Condensate disposal. Condensate from all cooling coils or evaporators shall be conveyed from the drain pan outlet to an approved place of disposal, a sanitary sewer through a trap, by means of a direct or indirect drain. Section M2005.2; change to read as follows: M2005.2 Prohibited locations. Fuel-fired water heaters shall not be installed in a room used as a storage closet. Water heaters located in a bedroom or bathroom shall be installed in a sealed enclosure so that combustion air will not be taken from the living space. Access to such enclosure may be from the bedroom or bathroom when through a solid door, weather-stripped in accordance with the exterior door air leakage requirements of the International Energy Conservation Code and equipped with an approved self-closing device. Section G2415.2.1 (404.2.1) CSST; add a second paragraph to read as follows: Both ends of each section of medium or high pressure gas piping shall identify its operating gas pressure with an approved tag. The tags are to be composed of aluminum or stainless steel and the following wording shall be stamped into the tag "WARNING ½ to 5 psi gas pressure Do Not Remove" Section G2415.12 (404.12) and G2415.12.1 (404.12.1); change to read as follows: G2415.12 (404.12) Minimum burial depth. Underground piping systems shall be installed a minimum depth of 18 inches (457 mm) below grade. G2415.12.1 (404.12.1) Individual Outdoor Appliances; Deleted in its entirety Section G2417.1 (406.1); change to read as follows: G2417.1 (406.1) General. Prior to acceptance and initial operation, all piping installations shall be inspected and pressure tested to determine that the materials, design, fabrication, and installation practices comply with the requirements of this code. Section G2417.4; change to read as follows: G2417.4 (406.4) Test pressure measurement. Test pressure shall be measured with a monometer or with a diaphragm gauge. The source of pressure shall be isolated before the pressure tests are made. Diaphragm gauges shall have a range such that the highest end of the scale is no greater than five times the test pressure. 110 Page 15 of 16 Section G2420.5.1 (409.5.1); add text to read as follows: G2420.5.1 (409.5.1) Located within same room. The shutoff valve shall be located in the same room as the appliance. The shutoff valve shall be within 6 feet (1829 mm) of the appliance, and shall be installed upstream of the union, connector or quick disconnect device it serves. Such shutoff valves shall be provided with access. Where appliance shutoff valves are located in the firebox of a fireplace, the valve shall be installed in accordance with the appliance manufacturer’s instructions and a secondary shutoff valve shall be installed within 6 feet (1829 mm) of the appliance. Section G2422.1.2.3 (411.1.3.3) Prohibited locations and penetrations; delete Exception 1. Section P2603.5.1 Sewer Depth; change to read as follows: P2603.5.1 Sewer depth. Building sewers that connect to private sewage disposal systems shall be a minimum of 12 inches (304 mm) below finished grade at the point of septic tank connection. Building sewers shall be a minimum of 12 inches (304 mm) below grade. Section P2801; change to read as follows: P2801.6 Required pan. Where a storage tank-type water heater or a water storage tank is installed in a location where water leakage from the tank will cause damage, the tank shall be installed in a pan constructed of one of the following: 1. Galvanized steel or aluminum of not less than 0.0236 inch (0.6010 mm) in thickness. 2. Other approved materials. Section P2801.6.1; change to read as follows: Section P2801.6.1 Pan size and drain. The pan shall be not less than 1½ inches (38 mm) in depth and shall be of sufficient size and shape to receive all dripping or condensate from the tank or water heater. The pan shall be drained by an indirect waste pipe having a diameter of not less than 3/4 inch (19 mm). Piping for safety pan drains shall be of those materials listed in Table P2906.5. Multiple pan drains may terminate to a single discharge piping system when approved by the administrative authority and permitted by the manufactures installation instructions and installed with those instructions. Section P2804.6.1; change to read as follows: Section P2804.6.1 Requirements for discharge piping. The discharge piping serving a pressure relief valve, temperature relief valve or combination thereof shall: 1. Not be directly connected to the drainage system. 2. Discharge through an air gap. 111 Page 16 of 16 3. Not be smaller than the diameter of the outlet of the valve served and shall discharge full size to the air gap. 4. Serve a single relief device and shall not connect to piping serving any other relief device or equipment. Exception:Multiple relief devices may be installed to a single T & P discharge piping system when approved by the administrative authority and permitted by the manufacture’s installation instructions and installed with those instructions. 5. Discharge to an approved location or to the outdoors. 6. Discharge in a manner that does not cause personal injury or structural damage. 7. Discharge to a termination point that is readily observable by the building occupants. 8. Not be trapped. 9. Be installed so as to flow by gravity. 10. Terminate not more than 6 inches above and not less than two times the discharge pipe diameter above the floor or flood level rim of the waste receptor. 11. Not have a threaded connection at the end of such piping. 12. Not have valves or tee fittings. 13. Be constructed of those materials listed in Section 605.4 or materials tested, rated and approved for such use in accordance with ASME A112.4.1. 14. Be one nominal size larger than the size of the relief valve outlet, where the relief valve discharge piping is installed with insert fittings. The outlet end of such tubing shall be fastened in place Section P2902.5.3;change to read as follows: P2902.5.3 Lawn irrigation systems. The potable water supply to lawn irrigation systems shall be protected against backflow by an atmospheric-type vacuum breaker, a pressure- type vacuum breaker, a double-check assembly or a reduced pressure principle backflow preventer. A valve shall not be installed downstream from an atmospheric vacuum breaker. Where chemicals are introduced into the system, the potable water supply shall be protected against backflow by a reduced pressure principle backflow preventer. Section P3005.4.1; change to read as follows: P3005.4.1 Branch and stack sizing. Branches and stacks shall be sized in accordance with Table P3005.4.1. Below grade drain pipes or drain pipes from vent tee shall be not less than 2 inches (50.8 mm) in diameter. Drain stacks shall be not smaller than the largest horizontal branch connected. Exceptions: 1. A 4-inch by 3-inch (102 mm by 76 mm) closet bend or flange. 2. A 4-inch (102 mm) closet bend connected to a 3- inch (76 mm) stack tee shall not be prohibited. 112 Page 1 of 9 CITY OF THE COLONY, TEXAS ORDINANCE NO. 2021 INTERNATIONAL SWIMMING POOL AND SPA CODE WITH LOCAL AMENDMENTS AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS, AMENDING CHAPTER 6, ARTICLE I OF THE CODE OF ORDINANCES OF THE CITY OF THE COLONY, TEXAS, BY REPEALING IN ITS ENTIRETY SECTION 6-8, ENTITLED "INTERNATIONAL SWIMMING POOL AND SPA CODE ADOPTED" AND REPLACING IT WITH A NEW SECTION 6-8, ENTITLED " INTERNATIONAL SWIMMING POOL AND SPA CODE ADOPTED" BY ADOPTING THE 2021 EDITION OF THE INTERNATIONAL SWIMMING POOL AND SPA CODE, AND LOCAL AMENDMENTS TO THE INTERNATIONAL SWIMMING POOL AND SPA CODE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A REPEALER CLAUSE; PROVIDING A PENALTY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council of the City of The Colony, Texas, is of the opinion that the 2021 Edition of the International Swimming Pool and Spa Code, along with local amendments hereto, should be adopted as the Swimming Pool and Spa Code for the City of The Colony. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS: SECTION 1. That the findings set forth above are incorporated into the body of this Ordinance as if fully set forth herein. SECTION 2. That the Code of Ordinances of the City of The Colony, Texas, be, and the same is, hereby amended by amending Chapter 6, Article I, by repealing in its entirety Section 6- 8, and replacing it with a new Section 6-8, entitled "International Swimming Pool and Spa Code Adopted" which shall read as follows: “Sec. 6-8. International Swimming Pool and Spa Code Adopted. (a)Adoption. The International Swimming Pool and Spa Code with Appendices A through D, 2021 edition, is hereby adopted and designated as the Swimming Pool and Spa Code for the City of The Colony, Texas. A copy of the 2021 Edition of the International Swimming Pool and Spa Code is on file in the office of the City Secretary. (b)Local Amendments.The following provisions are local amendments to the 2021 Edition of the International Swimming Pool and Spa Code. Each provision is a substitute for the identically numbered provision contained in the 2021 Edition of the International Swimming Pool and Spa Code or is a provision added to the 2021 Edition of the International Swimming Pool and Spa Code, and is attached hereto as Exhibit A to this Ordinance.” 113 Page 2 of 9 SECTION 3.If any section, article paragraph, sentence, clause, phrase or word in this Ordinance, or application thereto any persons or circumstances is held invalid or unconstitutional by a Court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this Ordinance; and the City Council hereby declares it would have passed such remaining portions of this Ordinance despite such invalidity, which remaining portions shall remain in full force and effect. SECTION 4.That all provisions of the Ordinances of the City of The Colony, Texas, in conflict with the provisions of this Ordinance be, and the same are hereby amended, repealed, and all other provisions of the Ordinances of the City not in conflict with the provisions of this Ordinance shall remain in full force and effect. SECTION 5.Any person, firm, or corporation violating any of the provisions of this Ordinance shall be deemed guilty of a misdemeanor and, upon conviction in the municipal court of the City of The Colony, Texas, shall be punished by a fine not to exceed the sum of Two Thousand Dollars ($2,000.00) for each offense. Every day a violation occurs shall constitute a separate offense. SECTION 6. This Ordinance shall become effective from and after its date of passage in accordance with law. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS, THIS day of FEBRUARY, 2024. Richard Boyer, Mayor ATTEST: Tina Stewart, TRMC, CMC City Secretary APPROVED AS TO FORM: Jeff Moore, City Attorney 114 Page 3 of 9 Exhibit A [International Swimming Pool and Spa Code Local Amendments] 115 Page 4 of 9 Recommended Regional Amendments to the 2021 International Swimming Pool and SpaCode North Central Texas Council of Governments Region The following sections, paragraphs, and sentences of the 2021 International Swimming Pool and Spa Code are hereby amended as follows: Standard type is text from the ISPSC. Underlined type is text inserted. Lined through type is deleted text from ISPSC. A double asterisk at the beginning of a section identifies an amendment carried over from the 2018 edition of the code. A triple asterisk (***) identifies a new orrevised amendment with the 2021 ISPSC code. **Section 102.9; Change to read as follows: Section 102.9 Other laws. The provisions of this code shall not be deemed to nullify any provisions of local, state or federal law, to include but not limitedto: 1.Texas Department of State Health Services (TDSHS); Standards for Public Pools andSpas; §285.181 through §285.208, (TDSHS rules do not apply to pools serving one- and two-family dwellings or townhouses). 2.Texas Department of Licensing and Regulation (TDLR); 2012 Texas Accessibility Standards (TAS), TAS provide the scoping and technical requirements for accessibility for Swimming Pool, wading pools and spas and shall comply with 2012 TAS, Section 242. (TAS rules do not apply to pools serving one- and two-familydwellings or townhouses). Exception: Elements regulated under Texas Department of Licensing and Regulation (TDLR) and built in accordance with TDLR approved plans, including any variances or waivers granted by the TDLR, shall be deemed to be in compliance with the requirements of thisChapter. (Reason: To clarify specific Texas statutes which regulate public pools andspas.) ***Section 113.4 Violation penalties; Changed to read as follows: 113.4 Violation penalties. Any person who shall violate a provision of this code or shall fail to comply with any of the requirements thereof or who shall erect, install, alter or repair a pool or spa in violation of the approved construction documents or directive of the code official, or of a permit or certificate issued under the provisions of this code may be punishable for each day of the violation set forth by the authority having jurisdiction. , shall be guilty of a [SPECIFY OFFENSE], punishable by a fine of not more than [AMOUNT] dollars or by imprisonment not exceeding [NUMBER OF DAYS], or both such a fine and imprisonment. Each day that a violation continues after due notice has been served shall be deemed a separate offense. (Reason: Covered by general provisions of the Code ofOrdinances.) ***Section 305; Change to read as follows: 116 Page 5 of 9 305.1 General. The provisions of this section shall apply to the design of barriers for restricting entry into areas having pools and spas. In only one-and two-family dwellings and townhouses, where spas or hot tubs are equipped with a lockable safety cover complying with ASTM F1346 and swimming pools are equipped with a powered safety cover that complies with ASTM F1346, the areas where those spas, hot tubs or pools are located shall not be required to comply with Sections 305.2 through 305.7. (Reason: To clarify requirements for dwellings and commercial properties and specific Texas statutes which regulate public pools andspas.) ** Add subsection 305.2.7.1; to read as follows: 305.2.7.1 Chain link fencing prohibited. Chain link fencing is not permitted as a barrier in public pools built after January 1, 1994. (Reason: To clarify specific Texas Health and Safety Code Chapter 757.003 (f).) ***Section 305.4 structure wall as a barrier; Changes as follows: 305.4 Structure wall as a barrier. Where a wall of a dwelling or structure of a one- and two-family dwelling or townhouse or its accessory structure serves as part of a barrier and where doors or windows provide direct access to the pool or spa through that wall, one of the following shall be required: 1.Remainder Unchanged 2.Remainder Unchanged 3.Remainder Unchanged 4.Remainder unchanged 5.Remainder unchanged 6.Remainder unchanged (Reason: To clarify specific Texas Health and Safety Code Chapter 757.007. **Section 305.6; Change to read as follows: 305.6 Natural barriers used in a one- and two-family dwelling or townhouse. In the case where the pool or spa area abuts the edge of a lake or other natural body of water, public access is not permitted or allowed along the shoreline, and required barriers extend to and beyond the water’s edge a minimum of eighteen (18) inches, a barrier is not required between the natural body of water shoreline and the pool or spa. (Reason: Specific Texas statutes do not allow the use of natural barriers in lieu of fencing for publicpools per Chapter 757.003). 117 Page 6 of 9 **Section 307.1.4 Accessibility; Add exception to Section to 307.1.4 as follows: Exception: Components of projects regulated by and registered with Architectural Barriers Division of Texas Department of Licensing and Regulation shall be deemed to be in compliance with the requirements of this chapter. (Reason: To accommodate buildings regulated under state law. Further clarified to mean Components that are specifically addressed by TDLR shall be exempt.) ***Section 307.2.2.2; add to read as follows: Section 307.2.2.2. Adjacency to Structural Foundation. Depth of the swimming pool and spa shall maintain a ratio of 1:1 from the nearest building foundation or footing of a retaining wall. Exception: A sealed engineered design drawing of the proposed new structure shall be submitted for approval. (Reason: To clarify specific distances for pools and spas, correlates with IRC 327.1.) **Section 310; Change to read as follows: 310.1 General. Suction entrapment avoidance for pools and spas shall be provided in accordance with APSP 7 (ANSI/PHTA/ICC 7) or for public swimming pools in accordance with State of Texas Rulesfor Public Swimming Pools and Spas, Title 25 TAC Chapter 265 Subchapter L, Rule§265.190. [Remainder unchanged] (Reason: To clarify specific Texas statutes which regulate public pools andspas.) ** Section 402.12; Change to read as follows: 402.12 Water envelopes. The minimum diving water envelopes shall be in accordance with Table 402.12 Texas department of State Health services, Administrative Code Title 25, Chapter 265, Section 186 (e) and Figure: 25 TAC 256.186 (e) (6). (Delete Table 402.12 and Figure 402.12) 118 Page 7 of 9 ADD: Figure: 25 TAC §265.186 (e) (6) Maximum Diving Board Height Over Water ¾ Meter 1 Meter 3 Meters Max. Diving Board Length 12 ft.16 ft.16 ft. Minimum Diving Board Overhang 2 ft. 6 in.5 ft.5 ft. D1 Minimum 8 ft. 6 in.11 ft. 2 in.12 ft. 2 in. D2 Minimum 9 ft.10 ft. 10 in.11 ft. 10 in. D3 Minimum 4 ft.6 ft.6 ft. L1 Minimum 4 ft.5 ft.5 ft. L2 Minimum 12 ft.16 ft. 5 in.19 ft. 9 in. L3 Minimum 14 ft. 10 in.13 ft. 2 in.13 ft. 11 in. L4 Minimum 30 ft. 10 in. 34 ft. 7 in.38 ft. 8 in. L5 Minimum 8 ft.10 ft.13 ft. H Minimum 16 ft.16 ft.16 ft. From Plummet to Pool Wall at Side 9 ft.10 ft.11 ft. 6 in. From Plummet to Adjacent Plummet 10 ft.10 ft.10 ft. 119 Page 8 of 9 (Reason: To avoid conflict with 25 TAC Chapter 265.) **Section 411.2.1 & 411.2.2; Change to read as follows: 411.2.1 Tread dimensions and area. Treads shall have a minimum unobstructed horizontal depth (i.e., horizontal run) of 12 inches and a minimum width of 20 inches. not be less than 24 inches (607mm) at the leading edge. Treads shall have an unobstructed surface area of not less than 240 square inches (154838mm2) and an unobstructed horizontal depth of not less than10 inches (254 mm) at thecenter line. 411.2.2 Risers. Risers for steps shall have a maximum uniform height of 10 inches, with the bottom riser height allowed to taper to zero except for the bottom riser, shall have a uniform height of not greater than 12 inches (305 mm) measured at the center line. The bottom riser height is allowed to vary to thefloor. (Reason: To avoid conflict with 25 TAC Chapter 265.186 (c)(7)(A)& (B).) **Section 411.5.1 & 411.5.2; Change to read as follows: 411.5.1 Swimouts. Swimouts, located in either the deep or shallow area of a pool, shall comply with all of the following: 1.Unchanged 2.Unchanged 3.Unchanged 4.The leading edge shall be visibly set apart and provided with a horizontal solid or broken stripe at least 1 inch wide on the top surface along the front leading edge of each step. This stripe shall be plainly visible to persons on the pool deck. The stripe shall be a contrasting color to the background on which it is applied, and the color shall be permanent in nature and shall be a slip-resistant surface. 411.5.2 Underwater seats and benches. Underwater seats and benches, whether used alone or in conjunction with pool stairs, shall comply with all of thefollowing: 1. Unchanged 2. Unchanged 3. Unchanged 120 Page 9 of 9 4. Unchanged 5. The leading edge shall be visually set apart and provided with a horizontal solid or broken stripe at least 1 inch wide on the top surface along the front leading edge of each step. This stripe shall be. plainly visible to persons on the pool deck. The stripe shall be a contrasting color to the background on which it is applied, and the color shall be permanent in nature and shall be a slip-resistant surface. 6. Unchanged 7. Unchanged (Reason: To avoid conflict with 25 TAC Chapter 265.184 (u) & 265.186 (c)(10).) **Section 610.5.1; Change to read: 610.5.1 Uniform height of 9 10 inches. Except for the bottom riser, risers at the centerline shall have a maximum uniform height of 9 10 inches (229 254 mm). The bottom riser height shall be permitted to vary from the other risers. (Reason: To avoid conflict with 25 TAC Chapter265.186 (c)(7)(B).) **Section 804 Diving Water Envelopes; Change to read as follows: Section 804.1 General.The minimum diving water envelopes shall be in accordance with Table 804.1 and Figure 804.1, or the manufacturer’s specifications, whichever is greater. Negative construction tolerances shall not be applied to the dimensions of the minimum diving water envelopes given in Table 804.1. (Reason: To provide minimum standards and to clarify specific manufactures specifications of the diving equipment.) END 121 Page 1 of 8 CITY OF THE COLONY, TEXAS ORDINANCE NO. 2024-_______ 2020 NATIONAL ELECTRICAL CODE WITH LOCAL AMENDMENTS AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS, AMENDING CHAPTER 6, ARTICLE I OF THE CODE OF ORDINANCES OF THE CITY OF THE COLONY, TEXAS, BY REPEALING IN ITS ENTIRETY SECTION 6-3, ENTITLED "NATIONAL ELECTRICAL CODE ADOPTED," AND REPLACING IT WITH A NEW SECTION 6-3, ENTITLED "NATIONAL ELECTRICAL CODE ADOPTED" BY ADOPTING THE 2020 EDITION OF THE NATIONAL ELECTRICAL CODE,AND LOCAL AMENDMENTS TO THE NATIONAL ELECTRICAL CODE;PROVIDING A SEVERABILITY CLAUSE; PROVIDING A REPEALER CLAUSE; PROVIDING A PENALTY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council of the City of The Colony, Texas, is of the opinion that the 2020 Edition of the National Electrical Code, along with local amendments hereto, should be adopted as the Electrical Code for the City of The Colony. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS: SECTION 1. That the findings set forth above are incorporated into the body of this Ordinance as if fully set forth herein. SECTION 2. That the Code of Ordinances of the City of The Colony, Texas, be, and the same is, hereby amended by amending Chapter 6, Article I, by repealing in its entirety Section 6- 3, and replacing it with a new Section 6-3, entitled "National Electrical Code Adopted" which shall read as follows: “Sec. 6-3. National Electrical Code Adopted. (a)Adoption. The National Electrical Code with Appendices A through I, 2020 edition, is hereby adopted and designated as the Electrical Code for the City of The Colony, Texas. A copy of the 2020 Edition of the National Electrical Code is on file in the office of the City Secretary. (b)Local Amendments.The following provisions are local amendments to the 2020 National Electrical Code. Each provision is a substitute for the identically numbered provision contained in the 2020 Edition of the National Electrical Code or is a provision added to the 2020 Edition of the National Electrical Code, and is attached hereto as Exhibit A.” 122 Page 2 of 8 SECTION 3.If any section, article paragraph, sentence, clause, phrase or word in this Ordinance, or application thereto any persons or circumstances is held invalid or unconstitutional by a Court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this Ordinance; and the City Council hereby declares it would have passed such remaining portions of this Ordinance despite such invalidity, which remaining portions shall remain in full force and effect. SECTION 4.That all provisions of the Ordinances of the City of The Colony, Texas, in conflict with the provisions of this Ordinance be, and the same are hereby amended, repealed, and all other provisions of the Ordinances of the City not in conflict with the provisions of this Ordinance shall remain in full force and effect. SECTION 5.Any person, firm, or corporation violating any of the provisions of this Ordinance shall be deemed guilty of a misdemeanor and, upon conviction in the municipal court of the City of The Colony, Texas, shall be punished by a fine not to exceed the sum of Two Thousand Dollars ($2,000.00) for each offense. Every day a violation occurs shall constitute a separate offense. SECTION 6. This Ordinance shall become effective from and after its date of passage in accordance with law. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS, THIS day of FEBRUARY, 2024. Richard Boyer, Mayor ATTEST: Tina Stewart, TRMC, CMC City Secretary APPROVED AS TO FORM: Jeff Moore, City Attorney 123 Page 3 of 8 Exhibit A [National Electrical Code Local Amendments] 124 Page 4 of 8 Recommended Amendments to the 2020 National Electrical Code North Central Texas Council of Governments The following articles, paragraphs, and sentences of the 2020 National Electrical Code (NEC)are hereby amended as follows: Standard type is text from the NEC. Highlighted with gray shading is text inserted. Lined through type is deleted text from NEC. A double asterisk (**) at the beginning of an article identifies an amendment carried over from the 2017 edition of the code and a triple asterisk (***) identifies a new or revised amendment with the 2020 code. **Article 100; add the following to definitions: Engineering Supervision. Supervision by a Qualified State of Texas Licensed Professional Engineer engaged primarily in the design or maintenance of electrical installations. (REASON FOR CHANGE: To better define the qualifications for engineering supervision. This term is used twenty-four times in the 2017 National Electrical Code.) **Article 110.2; change the following to read as follows: 110.2 Approval.The conductors and equipment required or permitted by this Code shall be acceptable only if approved. Approval of equipment may be evident by listing and labeling of equipment by a Nationally Recognized Testing Lab (NRTL) with a certification mark of that laboratory or a qualified third party inspection agency or a field evaluation by a Field Evaluation Body accredited by either the International Code Council International Accreditation Service AC354 or ANSI National Accreditation Board programs and approved by the AHJ. Exception: Unlisted equipment that is relocated to another location within a jurisdiction or is field modified is subject to the approval by the AHJ. This approval may be by a field evaluation by a NRTL or qualified third-party inspection agency or a field evaluation by a Field Evaluation Body accredited by either the ICC IAS AC354 or ANAB programs and approved by the AHJ Manufacturer’s self-certification of any equipment shall not be used as a basis for approval by the AHJ. 125 Page 5 of 8 Informational Note No. 1: See 90.7, Examination of Equipment for Safety, and 110.3, Examination, Identification, Installation, and Use of Equipment. See definitions of Approved, Identified, Labeled, and Listed. Informational Note No. 2: Manufacturer’s self-certification of equipment may not necessarily comply with U.S. product safety standards as certified by an NRTL. Informational Note No. 3: National Fire Protection Association (NFPA) 790 and 791 provide an example of an approved method for qualifying a third-party inspection agency. (REASON FOR CHANGE: To add clarity and provide more positive options for enforcement and approval of unlisted equipment.) ***Article 400.8 Field Identification Required: Change the following to read as follows 408.4 Field Identification Required. (A) Circuit Directory or Circuit Identification. Every circuit and circuit modification shall be legibly identified as to its clear, evident, and specific purpose or use. The identification shall include an approved degree of detail that allows each circuit to be distinguished from all others. Spare positions that contain unused overcurrent devices or switches shall be described accordingly. The identification shall be included in a circuit directory that is located on the face or inside of, or in an approved location adjacent and permanently affixed the panel door in the case of a panelboard and at each switch or circuit breaker in a switchboard or switchgear. No circuit shall be described in a manner that depends on transient conditions of occupancy. (REASON FOR CHANGE: To add clarity and provide more positive options for enforcement and approval) ***Article 410.118: Change the following to read as follows 410.118 Access to other boxes. Luminaires recessed in the ceilings, floors, or walls shall not be used to access outlet, pull, or junction boxes or conduit bodies, unless the box or conduit body is an integral part of the listed luminaire. Exception: removable luminaires with a minimum measurement of 22 in. X 22 in. shall be permitted to be used as access to outlet, pull, junction boxes or conduit bodies. REASON FOR CHANGE: To add clarity and provide more positive options for enforcement and approval. This will allow access to boxes not integral with the luminaire. This measurement aligns with the limited access above a lay-in ceiling measurement in 110.26(A)(4). ) 126 Page 6 of 8 ***Article 422.31 B: Change the following to read as follows 422.31 B Appliances Rated over 300 Volt-Amperes (B) Appliances Rated over 300 Volt-Amperes. For permanently connected appliances rated over 300 volt-amperes, the branch-circuit switch or circuit breaker shall be permitted to serve as the disconnecting means where the switch or circuit breaker is within sight from and is readily accessible to the appliance it serves or is capable of being locked in the open position in accordance with 110.25 and is readily accessible to the appliance it serves. Informational Note No. 1: For appliances employing unit switches, see 422.34. Informational Note No 2: The following means of access are considered to constitute readily accessible for this code change when conforming to the additional access requirements of the I Codes: (1) A permanent stair. (2) A pull-down stair with a minimum 300 lb. (136 kg) capacity. (3)An access door from an upper floor level. REASON FOR CHANGE: To add clarity and provide more positive options for enforcement and approval) **Article 500.8 (A) (3); change to read as follows: 500.8 Equipment. Articles 500 through 504 require equipment construction and installation that ensure safe performance under conditions of proper use and maintenance. Informational Note No. 1: It is important that inspection authorities and users exercise more than ordinary care with regard to installation and maintenance. Informational Note No. 2: Since there is no consistent relationship between explosion properties and ignition temperature, the two are independent requirements. Informational Note No. 3: Low ambient conditions require special consideration. Explosion proof or dust-ignition proof equipment may not be suitable for use at temperatures lower than -25°C (-13°F) unless they are identified for low-temperature service. However, at low ambient temperatures, flammable concentrations of vapors may not exist in a location classified as Class I, Division 1 at normal ambient temperature. (A) Suitability.Suitability of identified equipment shall be determined by one of the following: (1) Equipment listing or labeling; (2) Evidence of equipment evaluation from a qualified testing laboratory or inspection agency concerned with product evaluation; or, (3) Evidence acceptable to the authority having jurisdiction such as a manufacturer's self- evaluation or an owner's engineering judgment. an engineering judgment signed and sealed by a qualified Registered licensed Professional Engineer in the State of Texas. 127 Page 7 of 8 Informational Note: Additional documentation for equipment may include certificates demonstrating compliance with applicable equipment standards, indicating special conditions of use, and other pertinent information. (REASON FOR CHANGE: Carry over from previous amendment with change to better define the qualifications for an engineering judgment.) **Article 505.7 (A) changed to read as follows: 505.7 Special Precaution. Article 505 requires equipment construction and installation that ensures safe performance under conditions of proper use and maintenance. Informational Note No. 1: It is important that inspection authorities and users exercise more than ordinary care with regard to the installation and maintenance of electrical equipment in hazardous (classified) locations. Informational Note No. 2: Low ambient conditions require special consideration. Electrical equipment depending on the protection techniques described by 505.8(A) may not be suitable for use at temperatures lower than -20°C (-4°F) unless they are identified for use at lower temperatures. However, at low ambient temperatures, flammable concentrations of vapors may not exist in a location classified Class I, Zones 0, 1, or 2 at normal ambient temperature. (A) Implementation of Zone Classification System. Classification of areas, engineering and design, selection of equipment and wiring methods, installation, and inspection shall be performed by a qualified persons Registered licensed Professional Engineer in the State of Texas. (REASON FOR CHANGE: Carry over from previous amendment with change to better define the qualifications for an engineering judgment.) ***Article 695.6 A 1: Change the following to read as follows 695.6 (A) Supply Conductors. (1) Services and On-Site Power Production Facilities. Service conductors and conductors supplied by on-site power production facilities shall be physically routed outside a building(s) and shall be installed as service-entrance conductors in accordance with 230.6, 230.9, and Parts III and IV of Article 230. Where supply conductors cannot be physically routed outside of buildings, the conductors shall be permitted to be routed through the building(s) where installed in accordance with 230.6(1) or (2). Exception: The supply conductors within the fire pump room shall not be required to meet 230.6 (1) or (2) 128 Page 8 of 8 (REASON FOR CHANGE: To add clarity and provide more positive options for enforcement and approval. All Fire Pump rooms are not Fire Rated as on all 4 sides. There are Fault Currents that could exceed 150,000-190,000 amps and protection of these Service Conductors is essential and conflict with other codes specifically 230.70(A)(1).) ***Article 71.15 A: Change the following to read as follows 710.15 General 710.15(A) Supply Output. Power supply to premises wiring systems fed by stand-alone or isolated microgrid power sources shall be permitted to have less capacity than the calculated load. The capacity of the sum of all sources of the stand-alone supply shall be equal to or greater than the load posed by the largest single utilization equipment connected to the system. Calculated general lighting loads shall not be considered as a single load have adequate capacity to meet the calculated load in accordance with Article 220. Informational Note: For general-use loads the system capacity can be calculated using the sum of the capacity of the firm sources, such as generators and ESS inverters. For specialty loads intended to be powered directly from a variable source, the capacity can be calculated using the sum of the variable sources, such as PV or wind inverters, or the combined capacity of both firm and variable sources. (REASON FOR CHANGE: To add clarity and provide more positive options for enforcement and approval. Unless amended, standby systems would not be required to meet any load demanded by their standby definitions.) END 129 Agenda Item No:5.1 CITY COUNCIL Agenda Item Report Meeting Date: February 20, 2024 Submitted by: Kimberly Thompson Submitting Department: Planning and Development Item Type: Ordinance Agenda Section: Subject: [CONTINUED FROM 12/05/2023] Conduct a public hearing, discuss and consider an ordinance regarding the approval of a Specific Use Permit (SUP) to allow an A/C and Heating Shop with outside storage use known as “Colony Air Conditioning and Heating,” at 4805 South Colony Blvd, containing approximately 9,310 sq. ft., and located within the Shopping Center (SC) Zoning District and Gateway Overlay District. (Williams) Suggested Action: Attachments: SUP23-0005 CC Staff Report -FINAL - 20231205 (Rev 2-20-24).pdf SUP23-0005 Exhibits.pdf Ord. 2024-xxxx SUP23-AC and Heating Shop.docx 130 1 CITY COUNCIL REPORT AGENDA DATE: February 20, 2024 (Continued from December 5, 2023) DEPARTMENT: Planning and Development Department SUBJECT: SUP23-0005 – 4805 South Colony Blvd – Colony Air Conditioning & Heating (A/C and Heating Shop with Outside Storage) – Specific Use Permit Conduct a public hearing, discuss and consider an ordinance regarding the approval of a Specific Use Permit (SUP) to allow an A/C and Heating Shop with outside storage use known as “Colony Air Conditioning and Heating,” at 4805 South Colony Blvd, containing approximately 9,310 sq. ft., and located within the Shopping Center (SC) Zoning District and Gateway Overlay District. OWNER/APPLICANT Owner: Proton PRC LTD The Colony, Texas Applicant: Katherine Everett The Colony, Texas Colony Air Conditioning and Heating EXISTING CONDITION OF PROPERTY The current site is developed into a multi-tenant office building with warehouse space. PROPOSED DEVELOPMENT The applicant requests approval of a Specific Use Permit (SUP) to allow an A/C and Heating Shop with outside storage use known as “Colony Air Conditioning and Heating,” to operate within the Shopping Center (SC) Zoning District were such use is only allowed by a Specific Use Permit. The property is located at 4805 South Colony Blvd. This business has been operating in the City of The Colony since 1977 and at 4805 South Colony Blvd since 2022. The hours of operation are 8am-5pm Monday –Friday and 9am-12pm on Saturdays, closed on Sundays. ADJACENT ZONING AND LAND USE North - Shopping Center Zoning District – Undeveloped Land South - Single Family SF-4 Zoning District - First Baptist Church East - Shopping Center Zoning District – Good Shepherd Lutheran Church West - Shopping Center Zoning District – Aaron’s Furniture, Texas Family Fitness, and Big Lots! DEVELOPMENT REVIEW COMMITTEE (DRC) REVIEW The Development Review Committee (DRC) finds the SUP meets the requirements of The Colony Code of Ordinances, Appendix A, Zoning Ordinance and other applicable ordinances as outlined in the Staff Report. PRIOR ACTION On October 24, 2023, the Planning and Zoning Commission voted (7 -0) to recommend approval of the Specific Use Permit (SUP) to allow an A/C and Heating Shop with outside stor age use known as “Colony Air Conditioning and Heating,” at 4805 South Colony Blvd, containing 131 2 approximately 9,310 sq. ft., and located within the Shopping Center (SC) Zoning District and Gateway Overlay District. Prior to consideration at the December 5t h City Council meeting the applicant requested postponement to explore potential alternatives to the approved screening method. Ultimately, no changes were made from the Planning Commission approved consideration. ATTACHMENTS 1. Staff Analysis 2. Location Map 3. Site Plan 4. Floor Plan 5. Elevation Photograph 6. Applicant Narrative ATTACHMENT 1 Staff Analysis Land Use Analysis The subject site is located within the Shopping Center (SC) Zoning District. The Zoning Ordinance requires a Specific Use Permit for A/C and Heating Shop use with outside storage. Specific Use Permit approval is intended to offer further evaluation of certain uses and the appropriateness of the operation of those uses within the context of the surrounding area. Uses within the Shopping Center (SC) Zoning District typically include a mix of retail, office and personal services. A review of nearby existing uses in the Shopping Center (SC) Zoning District was found to include a mix of retail and services. Nearby retail uses in the SC Zoning District include, restaurants, retail stores, health studio, personal services, and churches. The proposed A/C and Heating Shop with outside storage use is not anticipated to conflict with surrounding established uses as long as the outside storage is well maintai ned within a screened enclosure. Specific Use Permit (SUP) Criteria In accordance with Section 10-905 (Special Use Permits - Approval Criteria) of the Zoning Ordinance, the Planning and Zoning Commission and City Council shall review and evaluate a Specific Use Permit application using the following criteria: 1. Conformance with the City of The Colony’s Comprehensive Plan; The Future Land Use Map identifies this area as “Mixed Use Center” which includes commercial, entertainment and community service uses. The proposed land use is in conformance with The Colony Comprehensive Plan. 2. Conformance with applicable regulations and standards established by the zoning regulations; With the approval of the SUP, the application will be in conformance with the Zoning Ordinance. 3. Compatibility with existing or permitted uses on abutting sites, in terms of building height, build and scale, setbacks on open spaces, landscaping and site development, access and circulation features, architectural compatibility; The proposed A/C and Heating Shop with outside storage use is compatible with the approved uses on abutting sites. The area surrounding the subject site are mainly retail, churches, and service businesses. The establishment is within the rear portion of a 132 3 building that is only access by mutual drive. The overall operations are not visibly apparent due to the internal orientation of the business which is screened by the adjacent buildings; no operations are readily visible from South Colony Drive. The lot configuration provides additional mitigation of the proposed use. 4. Safety and convenience of vehicular and pedestrian circulation in the vicinity, including traffic reasonably expected to be generated by the proposed use and other uses reasonable and anticipated in the area, existing zoning and land uses in the area; The site layout for the subject site has been reviewed and has been previously approved by the City, which meets traffic circulation and associated requirements. 5. Protection of persons and property f rom erosion, flood, or water damage, fire, noise, glare, air quality, generation of dust and odors, and similar hazards and impacts; The subject site was developed in accordance with the applicable regulations at the time of construction. 6. Location, lighting and type of signs; the relation of signs to traffic control and adverse effect of signs on adjacent properties; All existing lighting will remain as previously approved. Building signage was approved in January 18, 2023. No adverse effect of signs on adjacent properties has been found. 7. Adequacy and convenience of off-street parking and loading facilities; The subject site meets the Zoning Ordinance requirements for off -street parking. 8. Determination that the proposed use and site development , together with any modifications applicable thereto, will be compatible with existing or permitted uses in the vicinity; Developments within Shopping Center (SC) Zoning District generally consist of commercial activities. The proposed development of an A/C and Heating Shop with outside storage, is consistent with the intended uses for Shopping Center (SC) Zoning District and compatible with the surrounding land uses within the vicinity. 9. Determination that any conditions applicable to approval are the mi nimum necessary to minimize potentially unfavorable impacts on nearby uses in the same district and surrounding area The proposed use as requested is not anticipated to create any unfavorable impacts on nearby uses in the same district and surrounding are a if the outside storage is kept within the required screened enclosure. 10. Determination that the proposed use, together with the conditions applicable thereto, will not be detrimental to the public health, safety, or welfare of materially injurious to properties or improvements in the vicinity. The proposed use is not anticipated to be detrimental to the public health, safety, or welfare. Infrastructure Improvements No specific public infrastructure improvements are planned for this area. 133 4 Notification The Zoning Ordinance requires newspaper notification a minimum of fifteen (15) days prior to the City Council meeting. Notice for this SUP Public Hearing was published in The Dallas Morning News on November 17, 2023. In addition, the Zoning Ordinance requires notification of property owners located within 200 feet of the subject property a minimum of fifteen (15) days prior to the public hearing. Public Hearing notices were mailed November 17, 2023 to adjacent property owners. No comments either for or against the SUP were received as of printing of this packet. Prior to consideration at the December 5th City Council meeting the applicant requested postponement to address potential alternatives to the approved screening method. The public hearing was continued to the February 20 th meeting and no further notification was required. Development Review Committee Review The Development Review Committee (DRC) finds the SUP request meets the requirements of The Colony Code of Ordinances, Appendix A, Zoning Ordinance as outlined in the Staff Report. 134 BRANCH HOLLOW DR H A C K N E Y L N SO UT H CO LO NY B LV D 4832 4836 4915 4837 4840 4800 4916 4920 4924 49255000 48094805 4803 S CSC G RGR S F -4SF-4 S F -1SF-1 This map was generated by GIS data provided by The Colony GIS Department. The City of The Colony does not guarantee the correctness or accuracy of any features on this map. These digital products are for llustration purposes only and are not suitable for site-specific decision making. ±Project No: SU P23-0005 - Colony Air Conditioning & H eating SubjectArea SUP23-0005 General Retail Shopping Center Single Family 135 Narrative for Specific Use Permit for 4805 S. Colony Blvd, The Colony Texas: Colony Air Conditioning & Heating seeks a Specific Use Permit (SUP) for the operation of our A/C and Heating shop located at 4805 S. Colony Blvd. in The Colony. Colony Air Conditioning & Heating has been operating since 1977 in the City of The Colony. We are one of The Colony's oldest businesses and one of even fewer who are still operated by the original owner. We have moved 99% of our operations to an existing building at 4805 S. Colony Blvd. We are leasing this location from land/building owner, Khalil R. Khalil (also known as Ray Khalil). The purpose for seeking a Specific Use Permit is to allow this type of business ( plumbing, electrical, a/c, heating shop (outside storage) to operate in the Shopping Center District located at 4805 S. Colony Blvd. The location of 4805 S. Colony Blvd. is the subject of this SUP.  Land Use Description: Code 196: A/C, heating shops (outside storage)  Existing Zoning is designated as SC (shopping center) even though this property is not in a shopping center. It is a standalone building.  Hours of Operation: 8:00-5:00pm Monday - Friday and 9-12pm Saturday, Closed on Sunday  Justification for this request: 1) the property from street view is unchanged, except for our company name on the existing monument sign. 2) All service vehicles park in the back of the building when at the office and are therefore hidden from view from drivers on S. Colony Blvd.. 3) Most of each day, nearly all employee vehicles are gone performing remote services in The Colony and surrounding cities. 4) We need one (1) exterior storage space of a size approximate to 24 wide x 35' long x 7' tall enclosure with a metal gate to temporarily contain old hvac equipment until the recycler removes it three or four times per week. The hvac components would be in this storage enclosure for approximately 24 hours up to 48 hours and would then be repeatedly replaced by different hvac components on a rotating basis of first in, last out. 5) The enclosure will keep the back of the building looking nice, neat, and tidy (even though it is out of view already). 6) the property is already compatible with adjacent property use and consistent with the character of the neighborhood. Our business will not disturb this. The property is bounded by a creekbed, vacant land, and by the backside of the shopping center containing Aaron's and Texas Family Gym. 7) the existence of an outside storage space will not generate any additional noise level beyond use of a truck's lift gate to lift and lower used equipment.  Regarding the enclosure, Colony Air Conditioning & Heating or others will not engage in any disassembly of equipment onsite  Enclosure is designed to hold used hvac equipment until recycling pickup which will occur according to the following time table approximately: Spring/Summer 3-4 times per week; Autumn 2-3 times per week; Winter 2-3 times per week. The goal being that the equipment will not be stacked higher than 7 feet.  The enclosure is designed to hold the used hvac equipment and any other storage items so that no items are stored outdoors outside of the enclosure.  The existence of Colony Air Conditioning & Heating at 4805 S. Colony Blvd. is compatible with existing or permitted uses on abutting sites, in terms of building height, bulk, and scale, setbacks and open spaces landscaping and site development, access and circulation features, architectural compatibility as nothing has changed upon our leasing of the building.  There are not any unfavorable effects or impacts on other existing or permitted uses on abutting sites, to the extent that such impacts exceed those which reasonably may result from use of the site for the permitted use.  There are no modifications to the site plan which would result in increased compatibility, would mitigate potentially unfavorable impacts, would be necessary to conform to applicable regulations and standards and would protect the public health, safety, mo rals and general welfare.  There are no changes to the safety and convenience of vehicular and pedestrian circulation in the vicinity, including traffic reasonably expected to be generated by our use of the proposed areas and 136 other uses reasonable and anticipated in the area, existing zoning and land uses in the area. Our office does not receive many walk -in customers, so there would be little to no additional vehicular use except for our employees.  The exterior of the building has not changed with our move to this location. The location of signs, lighting and the relation of signs to traffic control has not changed.  The off-street parking and loading facilities are sufficient and have not changed with our move to this location.  The proposed use of this location is in accordance with the objectives of the zoning regulations and the purpose of the zoning district in which the site is located.  The proposed use of this location will be compatible with existing or permitted uses in the vicinity.  The proposed use of this location will not impose any unfavorable impacts on nearby uses in the same district and the surround area.  The proposed use of this location will not be detrimental to the public health, safety, or welfare or materially injurious to properties or improvements in the vicinity. 137 N0 0 ° 0 0 ' 1 8 " W 10 9 6 . 8 9 ' S89°59'42" W 245.90' S 0 0 ° 0 0 ' 1 9 " E 30 0 . 0 0 ' S89°59'42" W 200.00' LO T 1 , B L O C K 1 6. 7 3 0 A C R E S EX I S T I N G ON E S T O R Y B U I L D I N G 5 5 CO M P A C T O R LO C A T I O N Colony Air Conditioning & Heating 4805 S Colony Blvd, The Colony, TX 75056 SITE PLAN AS-1 SHEET TITLE:SHEET NUMBER: NO.REVISIONS DATE: DRAWN BY: CHECKED BY: JOB NUMBER: 21007 10-2-2023DATE: Colony Air Conditioning & Heating Site Plan, 4805 S. Colony Blvd, The Colony TX 75056 Project number (SUP23-0005) 138 139 SLOPED CONCRETE BLOCK CAP BACKER ROD AND SEALANT DOWEL ANCHOR AT 24'' O.C. SET IN SEALANT BURNISHED BLOCK CMU WALL DRIP EDGE CMU BOND BEAM, REFER TO STRUCTURAL FOR CMU WALL REINFORCEMENT METAL FLASHING 8" CMU WALL PAINTED STEEL TUBE, FILLED WITH CONCRETE HINGE WELDED TO STEEL TUBE JAMB STEEL ANGLE FRAME METAL PANEL SIDING 1" COMPACTOR ENCLOSURE DETAILS A1.01 SHEET TITLE: SHEET NUMBER: NO.REVISIONS DATE: DRAWN BY: CHECKED BY: JOB NUMBER: 21007 9-17-2023DATE: PR O T O N P R C O F F I C E 48 0 5 S C o l o n y B l v d , T h e C o l o n y , T X 7 5 0 5 6 14 0 A S1 A S1 A S1 A S1 FOUNDATION PLAN S1 SHEET TITLE: SHEET NUMBER: NO.REVISIONS DATE: DRAWN BY: CHECKED BY: JOB NUMBER: 21007 9-17-2023DATE: PR O T O N P R C O F F I C E 48 0 5 S C o l o n y B l v d , T h e C o l o n y , T X 7 5 0 5 6 14 1 Side view of storage enclosure: Dimensions 10’ deep x 25’ wide x 6’ tall a representative example of what the exterior of the enclosure will look like sans the blue dumpster 142 1 CITY OF THE COLONY, TEXAS ORDINANCE NO. 2024-_____ SPECIFIC USE PERMIT (SUP) – 4805 SOUTH COLONY DRIVE- COLONY AIR CONDITIONING AND HEATING AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS, APPROVING A SPECIFIC USE PERMIT (SUP) TO ALLOW AN A/C AND HEATING SHOP WITH OUTSIDE STORAGE, KNOWN AS COLONY AIR CONDITIONING AND HEATING LOCATED AT 4805 SOUTH COLONY BLVD, WITHIN THE SHOPPING CENTER (SC) ZONING DISTRICT AND THE GATEWAY OVERLAY DISTRICT; PROVIDING A REPEALER CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Planning and Zoning Commission and the City Council of the City of The Colony, Texas, in compliance with the laws of the State of Texas, and the Code of Ordinances of the City of The Colony, Texas, have given any requisite notices by publication and otherwise, and have held due public hearings, and afforded a full and fair hearing to all property owners generally, and to all persons interested, and is of the opinion and finds that Specific Use Permit No. SUP23-0005 should be approved to allow an A/C and Heating Shop with outside storage, known as Colony Air Conditioning and Heating, located at 4805 South Colony Blvd, within the Shopping Center (SC) Zoning District and the Gateway Overlay District. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS: SECTION 1. That the findings set forth above are incorporated into the body of this Ordinance as if fully set forth herein. SECTION 2.That the City Council of the City of The Colony, Texas, does hereby approve the Specific Use Permitto allow an A/C and Heating Shop with outside storagefor Colony Air Conditioning and Heating, located at 4805 South Colony Blvd within the Shopping Center (SC) Zoning District and Gateway Overlay District. SECTION 3.That it is hereby declared to be the intention of the City Council of the City of The Colony, Texas, that the phrases, clauses, sentences, paragraphs and sections of this Ordinance are severable, and if any phrase, clause, sentence,paragraph or section of this Ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this Ordinance, since the same would have been enacted by the City Council without the incorporation of this Ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section. SECTION 4. That any provision of any prior ordinance of the City whether codified or 143 2 uncodified, which are in conflict with any provision of this Ordinance, are hereby repealed to the extent of the conflict, but all other provisions of the ordinances of the City whether codified or uncodified, which are not in conflict with the provisions of this Ordinance, shall remain in full force and effect. SECTION 5. That this Ordinance shall become effective immediately upon its passage. DULY PASSED by the City Council of the City of The Colony, Texas, this 20th day of February, 2024. ____________________________________ Richard Boyer, Mayor City of The Colony, Texas ATTEST: ____________________________________ Tina Stewart, TRMC, CMC, City Secretary APPROVED AS TO FORM: ____________________________________ Jeffrey L. Moore, City Attorney 144 Agenda Item No:5.2 CITY COUNCIL Agenda Item Report Meeting Date: February 20, 2024 Submitted by: Calvin Lehmann Submitting Department: Parks & Recreation Item Type: Resolution Agenda Section: Subject: Discuss and consider approving a resolution authorizing the City Manager to execute a Construction Services Contract with Greeniverse Construction, LLC for construction of the Park Loop Trail Phase II and Aquatic Park Trail Connection in an amount not to exceed $1,146,699.69 to be funded by the Community Development Corporation. (Lehmann) Suggested Action: Background: Funding was approved for the design of the Aquatic Park Trail in 21-22, then for construction in 22-23. Design and Construction were approved for the Park Loop Trail 2A in the 22-23 budget year. This project involves the construction of two separate segments of 10’ wide shared-use trail. The Park Loop Trail 2A begins at North Colony Blvd and runs north along the Oncor easement, connecting to Squires Dr. The Aquatic Park Connection runs from Fire Station 2 to Taylor Street. We consulted with Halff to design both segments together for economy of scale, and in November of last year, they finished design, receiving 10 sealed bids in December. Greeniverse Construction came in as the low bidder. After Halff reviewed their qualifications and references, they see no reason not to proceed and provided us with a recommendation letter. With the cost of construction continuously increasing, staff would recommend moving forward with Greeniverse to complete both sections of trail. Total Budgeted for Both Trail Segments: $1,262,000.00 Halff Consultant Fee: $148,690.00 Greeniverse Construction Bid: $1,146,699.69 Attachments: RFB 59-24-03 Park Loop & Aquatic Trail Recommendation Letter.pdf RFB 59-24-03 Park Loop Aquatic Park_Bid Tabulation.pdf Trail 2A & Aquatic Park Overview.pdf Park Loop Aquatic Trail (FINAL) - Greeniverse Contract.pdf 145 Res. 2024-xxx Greeniverse Construction.doc 146 January 26, 2024 Calvin Lehmann Park Development Manager City of The Colony 4431 Augusta Street The Colony, Texas 75056 Re: RFB 59-24-03 Park Loop & Aquatic Trail Dear Mr. Lehmann Bids were opened on the above referenced project on Wednesday, December 20, 2023, at the City of The Colony. Ten (10) bids were received, and they ranged from a high bid of $1,600,133.00 to a low bid of $1,146,699.69. Greeniverse Construction was the low bidder. To verify Greeniverse Construction’s qualifications, we have contacted the City of Celina, City of Fairview, City of Frisco, City of McKinney, Hillwood Communities and Sterling Construction who all have awarded and worked with Greeniverse Construction in the past. First, we spoke with Scott Harper, Civil Engineer for the City of Celina, concerning Greeniverse Construction’s performance on the Downtown Overflow Parking project. The project consisted of paving one concrete parking lot, paving two asphalt parking lots, installing illumination poles, landscaping and installing 24” storm drain pipe. Mr. Harper informed us that the project was completed but had its challenges. There were five change orders submitted, which in total was about 4-5% of the overall project cost. One change order involved the City of Celina hiring an outside surveyor to verify incorrect elevations set by the contractor. This issue was promptly corrected by Greeniverse. The project had four different superintendents assigned to the project. Greeniverse informed to the City of Celina that the first three superintendents were no longer with the company. Mr. Harper stated that if Greeniverse was tasked to construct a Hike/Bike Trail, he would consider hiring them if guidance was provided. Second, we spoke with James Chancellor, Town Engineer for the Town of Fairview, concerning Greeniverse Construction’s performance on the Apple Crossing Trail project. The project consisted of two 8-ft wide concrete trails, grading excavation/embankment and one lower water crossing. Mr. Chancellor informed us that the project went smooth and they were ahead of schedule. Greeniverse provided one change order for an item that was not included in the original contract. When issues did arise, Greeniverse was very quick to provide a sound solution. Mr. Chancellor stated that the Town was very pleased with the final product and would use Greeniverse again for future trail projects. 147 Third, we spoke with Barry Evans, Civil Engineer for the City of Frisco, concerning Greeniverse Construction’s performance on the Shaddock Creek Lane Mini Roundabout project. The project consisted of converting two concrete T-intersections into mini roundabouts for Shaddock Creek Lane. Mr. Evans informed us that the project got done but also had its challenges. One of the roundabouts had to be reconstructed as the concrete pavement cracked early on. The mountable curb for roundabout was not installed correctly and the striping for roundabout peeled up within one year. All issues were addressed with the maintenance bond and any additional cost was covered by Greeniverse. Mr. Evans stated they can complete the work but would require extra guidance if he was to rehire again. Fourth, we spoke with Nick Ataie, former CIP Manager for the City of McKinney, concerning Greenivserse Construction’s performance on the Craig Ranch Intersection Improvements project. The project consisted of removal and reconstruction of intersection curb ramps with brick pavers. Mr. Ataie informed us that the project went fine with no schedule issues. There was a few change orders produced for material substitutions, nothing that changed or added items to the project. Mr. Ataie stated that he would use them again if project was small but would consider additional supervision for larger scale projects. Fifth, we spoke with Renee Cousins, development manager for Hillwood Communities, concerning Greeniverse Construction’s performance on the Union Park Project in Little Elm, Texas. Greeniverse Construction was originally a subcontractor for Glenn Thurman (GTI) for the development of Union Park neighborhood and was granted a separate contract for phase work. This project consisted of concrete curb ramps, concrete sidewalk (ranging from 5-8 ft wide), stamped concrete crossings, concrete pavement, signage and striping for a one-way street. Mrs. Cousins informed us that the project went smooth and was timely. There were no issues with Greeniverse when it came to change orders, RFIs, or any rework. The contractor was very good with communication and they would hire them again for future work. Lastly, we spoke with Sara Montazeri, former project manager with Sterling Construction, concerning Greeniverse Construction’s underground crew performance on the Main Street (FM 3537) Project in Frisco, Texas. This project consisted of the installation of large diameter storm drain pipe (RCP over 52”), concrete box culverts and headwalls for 4 miles of divided concrete roadway from Preston Road to Custer Road. Mrs. Montazeri informed us that there were no issues with this underground crew during construction and they could easily handle installing large diameter storm drain pipe with a headwall and manhole. The underground crew was on time, no rework was required, and has been a subcontractor to Mario Sinacola and RPMX. Mrs. Montazeri stated she would use Greeniverse’s underground crew again for future roadway projects. 148 Section 252.043 in the Local Government Code states if competitive sealed bids are received, the contract must be awarded to the lowest responsible bidder or to the bidder who provides goods or services at the best value for the municipality. After considering the purchase price, reputation of the bidders, and the quality of the bidders’ services, Halff Associates has determined that Greeniverse Construction is the lowest responsible bidder. Please call me at (214) 937-3938 if you have any ques tions or would like to discuss. Sincerely, HALFF ASSOCIATES, INC. Preston Spradlin, P.E. Project Manager 149 150 151 152 Ex OHEEx OHEEx OHEEx OHE Ex OHEEx OHEEx OHE Ex OHE Ex OHEEx OHE Ex OHE Ex OHE Ex OHEEx OHE Ex OHE Ex OHE Ex OHEEx OHE Ex OHE E EX 8'' WTR EX 8'' WTR EX 8'' WTR EX 8'' WTR E X 1 6 ' ' W T R E X S S T T E X S S 1+00 2+00 3+00 4+0 0 5+00 6 + 0 0 7+00 8+00 9+00 10+00 11+ 0 0 12+0 0 13+00 14+00 1 5 + 0 0 1 6 + 0 0 17+00 18 + 0 0 19+00 2 0 + 0 0 2 1 + 0 0 22+00 23+00 24+0 0 25+ 0 0 26+ 0 0 27 + 0 0 27 + 4 3 1 + 0 0 2 + 0 0 3+ 0 0 3+ 9 0 STA 1+10.00, SEGMENT 2A TRAIL BEGIN TRAIL STA 27+42.67, SEGMENT 2A TRAIL END TRAIL E.X.R.O.W LOT 1 BLOCK A LOT 1 BLOCK A CITY OF THE COLONY ONCOR EASEMENT CITY OF THE COLONY ONCOR EASEMENT CITY OF THE COLONY ONCOR EASEMENT CITY OF THE COLONY ONCOR EASEMENT LOT 14 BLOCK 125 CITY OF THE COLONY 100 106 107 102 300 103 LOT 19 BLOCK 126 LOT 18 BLOCK 126 LOT 22 BLOCK 127 LOT 21 BLOCK 127 LOT 24 BLOCK 128 LOT 23 BLOCK 128 LOT 47 BLOCK 129 LOT 44 BLOCK 129 LOT 45 BLOCK 129 LOT 43 BLOCK 129 LOT 42 BLOCK 129 LOT 41 BLOCK 129 P R U I T T D R S H E R M A N D R R E E D D R R A G A N R D N O R T H C O L O N Y B L V D R U T L E D G E C T R A G A N R D R I C E D R S A G E R S B L V D R U S S E L L D R R E A R N D R LANGLEY CT CITY OF THE COLONY SQU I R E S D R LOT 27 BLOCK 130 LOT 1 BLOCK 130 LOT 1 BLOCK 131 LOT 23 BLOCK 131 LOT 1 BLOCK 132 LOT 19 BLOCK 132 LOT 20 BLOCK 132 LOT 32 BLOCK 132 LOT 1 BLOCK 133 LOT 9 BLOCK 133 LOT 10 BLOCK 134 LOT 11 BLOCK 134 LOT 12 BLOCK 134 LOT 1 BLOCK 141 LOT 16 BLOCK 140 LOT 1 BLOCK 145A LOT 2 BLOCK 145A C.L. SEGMENT 2A TRAIL C.L. SEGMENT 2A TRAIL C.L. SHERMAN-RICE CONNECTOR EX. R.O.W.E X . R . O . W . E X . R . O . W . EX. R.O.W. EX. R.O.W. E X . R . O . W . E X 2 0 ' ' N G E X 2 0 ' ' N G E X 1 2 ' ' W T R E X 1 2 ' ' W T R E X 2 0 ' ' N G E X 2 0 ' ' N G E X 6 ' ' N G E X 6 ' ' N G EX SS EX SS EX SS EX SS EX SS EX 1 0 ' ' S S 1+00 2+00 3+00 4+00 5+00 6+00 7+00 8+00 9+00 10+00 11+00 12+00 STA 1+50.40, AQUATIC TRAIL BEGIN TRAIL STA 11+21.68, AQUATIC TRAIL END TRAIL 50' GAS E A S E M E N T NORTH COLONY BLVD 104 105 POWERS ST P O W E R S S T T A Y L O R S T CITY OF THE COLONY THE COLONY AQUATIC PARK ST. SOPHIA UKRAINIAN GREEK-CATHOLICT CHURCH CITY OF THE COLONY THE COLONY FIRE STATION #2 S E G M E N T 1 A T R A I L EX. R . O . W . EX. R . O . W . EX. R.O.W. EX. R.O.W. EX. R.O.W. EX. R.O.W. PTS 53582 PTS HALFF 1" = 100' EXISTING UTILITIES IN THE AREA. UTILITY LOCATIONS SHOWN ARE SCHEMATIC IN NATURE AND MAY NOT ACCURATELY REFLECT SIZE, HORIZONTAL, AND/OR VERTICAL LOCATION. THE CONTRACTOR SHALL VERIFY THE EXACT LOCATION PRIOR TO BEGINNING CONSTRUCTION. CONTACT AFFECTED UTILITIES AT LEAST 48 HOURS PRIOR TO CONSTRUCTION IN THE THIS AREA.(1-800-DIG-TESS) R Preston T. Spradlin TBPELS FIRM #F-312 8/20/2023 Date PE# 146686 PRELIMINARY - FOR INTERIM REVIEW ONLY These documents are for Interim Review and not intended for Construction, Bidding, or Permit Purposes. They were prepared by, or under the supervision of: 0 100 200 SCALE IN FEET SHEETSCALE AVO: FILE: CITY BID No. CHECKED DESIGNED DRAWN NO.REVISION DATE 3803 PARKWOOD BLVD, SUITE 800 FRISCO, TX 75034-8641 (214) 618-4570 8/20/2023 1:11:54 AM 8/20/2023 1:11:54 AMA:\53000S\53582\001\PW\CADD\SHEETS\C-PLAN-PROJ-53582.DWG RFB XX-XX-XXSEGMENT 2A AND AQUATIC SHARED-USE TRAILS SE G M E N T 2 A A N D A Q U A T I C S H A R E D - U S E T R A I L S LEGEND NOTES: 1.THE BASIS OF BEARING IS THE TEXAS COORDINATE SYSTEM, NORTH CENTRAL ZONE 4202, NORTH AMERICAN DATUM OF 1983, 2011 ADJUSTMENT. ALL DISTANCES SHOWN HEREON ARE SURFACE DISTANCES. SURFACE ADJUSTMENT SCALE FACTOR: 1.00015063 PROJECT CONCRETE PAVING CONTROL POINT EXISTING R.O.W. LINE 5PROJECT LAYOUT 153 CONTRACT DOCUMENTS 2-1 SECTION 2 - CONTRACT DOCUMENTS 154 CONTRACT DOCUMENTS 2-2 STANDARD FORM OF AGREEMENT (CONTRACT) BETWEEN OWNER AND CONTRACTOR ON THE BASIS OF A STIPULATED PRICE THIS AGREEMENT is dated as of the _____________ day of __________________ in the year 2024 by and between the CITY OF THE COLONY, TEXAS, a municipal corporation (hereinafter called OWNER) and __________________. (hereinafter called CONTRACTOR). OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: Article 1. WORK. CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as follows: The scope of work consists of the construction of two (2) segments of 10-ft wide concrete shared-use trails for a total length of approximately 3,600 LF. Park Loop Trail begins at North Colony Blvd and runs north along an electricity distribution corridor, ending at Squires Drive. Aquatic Trail runs west along North Colony Blvd from Powers Street to Taylor Drive. The work includes, but is not limited to approximately 3,703 SY of 5-inch thick concrete shared-use trail on 6” flex base subgrade, 396 SY of 4- inch thick concrete sidewalk, 571 SY of 6-inch thick driveway pavement, 200 LF of enhanced pedestrian wave rail, 307 LF of metal beam guard fence with concrete mow strip, 50 LF of 60-inch RCP, proposed concrete headwall and any other work deemed necessary by the City of The Colony. The opinion of probable construction cost for the overall project is $1,335,000.00. All of the above shall be done in accordance with TxDOT and NCTCOG specifications with the City of the Colony’s Addenda and as per instructions of the City of The Colony City Engineer. All construction sequencing and barricading will be done according to the City of The Colony Standards. The Project for which the Work under the Contract Documents may be the whole or only a part is generally described as follows: PARK LOOP & AQUATIC SHARED-USE TRAILS City of The Colony BID #59-24-03 PARK LOOP & AQUATIC TRAIL Article 2. ENGINEER. The Project has been designed by the City of The Colony Engineering Department. The Bidding and Contract Documents have been established by the City of The Colony Engineering Department. Contract administration will be provided by the City of The Colony Engineering Department who is hereinafter called ENGINEER and who is to act as OWNER's representative, assume all duties and responsibilities and have the rights and authority assigned to the ENGINEER in the Contract Documents in connection with completion of the Work in accordance with the Contract Documents. Article 3. CONTRACT TIME. 155 CONTRACT DOCUMENTS 2-3 3.1. The Work, including the add alternate scope if awarded, will be completed within 270 calendar days, including 10 inclement weather days, from the date when the Contract Time commences to run as provided in Item 103.6 of the General Provisions, and completed and ready for final payment in accordance with Item 109.5.4 of the General Provisions. BIDDER agrees that all work awarded will be completed within 270 Calendar days, which includes 10 inclement weather days, for this project. The Contractor will submit written documentation to the Construction Inspector assigned by the City to document inclement weather days. Additional inclement weather calendar days will be added to the contract only if the 10 inclement weather days included in the bid have been approved. Contract time will commence to run as provided in the Contract Documents. CONTRACTOR shall only be permitted to work at one street at a time, perform concrete panel repair & replacement one section at a time and must fully complete the active section (including cleanup) before moving on to the subsequent section. Sections shall be limited in length as necessary to ensure all work can be fully constructed and open to traffic within no more than 14 days. Article 4. CONTRACT PRICE. 4.1. OWNER shall pay CONTRACTOR for completion of the Work in accordance with the Contract Documents in current funds subject to additions and deductions by Change Orders as provided in the contract documents in accordance with the unit prices listed in the Proposal and Bid Schedule. The contract sum shall be the amount of $___________. The total tangible personal property cost included in the contract sum is $____________. Article 5. PAYMENT PROCEDURES. CONTRACTOR shall submit Applications for Payment in accordance with Item 109.5 of the General Provisions. Applications for Payment will be processed by ENGINEER as provided in the General Provisions. 5.1. Progress Payments. OWNER shall make progress payments on account of the Contract Price on the basis of CONTRACTOR's Applications for Payment as recommended by ENGINEER, each month during construction as provided below. All progress payments will be on the basis of the progress of the Work measured by the schedule of values established in Item 109.5.1 of the General Provisions (and in the case of Unit Price Work based on the number of units completed) or, in the event there is no schedule of values, as provided in the General Provisions. 156 CONTRACT DOCUMENTS 2-4 5.1.1. Prior to Completion, Progress Payments will be made in an amount equal to the percentage indicated in Item 109.5.2 of the General Provisions, but, in each case, less the aggregate of payments previously made and less such amounts as ENGINEER shall determine, or OWNER may withhold, in accordance with Item 109.4 of the General Provisions of the NCTCOG Specifications. 5.2. Final Payment. Upon final completion and acceptance of the Work in accordance with Item 109.5.4 of the General Provisions, OWNER shall pay the remainder of the Contract Price as recommended by ENGINEER. Article 6. INTEREST. No interest shall ever be due on late payments. Article 7. CONTRACTOR’S REPRESENTATIONS. In order to induce OWNER to enter into this Agreement CONTRACTOR makes the following representations: 7.1. CONTRACTOR has studied carefully all reports of explorations and tests of subsurface conditions and drawings of physical conditions which are identified in the Supplementary Conditions as provided in Item 102.3 of the General Provisions, and accepts the determination set forth in Item SC-105.1.2 of the Supplementary Conditions of the extent of the technical data contained in such reports and drawings upon which CONTRACTOR is entitled to rely. 7.2. CONTRACTOR has obtained and carefully studied (or assumes responsibility for obtaining and carefully studying) all such examinations, investigations, explorations, tests, reports, and studies (in addition to or to supplement those referred to in paragraph 7.1 above) which pertain to the subsurface or physical conditions at or contiguous to the site or otherwise may affect the cost, progress, performance, or furnishing of the Work as CONTRACTOR considers necessary for the performance or furnishing of the Work at the Contract Price, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents, including specifically the provisions of Item 102.3 of the General Provisions; and no additional examinations, investigations, explorations, tests, reports, studies, or similar information or data are or will be required by CONTRACTOR for such purposes. 7.3. CONTRACTOR has reviewed and checked all information and data shown or indicated on the Contract Documents with respect to existing Underground Facilities at or contiguous to the site and assumes responsibility for the accurate location of said Underground Facilities. No additional examinations, investigations, explorations, tests, reports, studies, or similar information or data in respect of said Underground Facilities are or will be required by CONTRACTOR in order to perform and furnish the Work at the Contract Price, within the Contract time and in accordance with the other terms and conditions of the Contract 157 CONTRACT DOCUMENTS 2-5 Documents, including specifically the provisions of Items 102.3, 103.1 and 104.1 of the General Provisions. 7.4. CONTRACTOR has correlated the results of all such observations, examinations, investigations, explorations, tests, reports, and studies with the terms and conditions of the Contract Documents. 7.5. CONTRACTOR has given ENGINEER written notice of all conflicts, errors or discrepancies that he has discovered in the Contract Documents and the written resolution thereof by ENGINEER is acceptable to CONTRACTOR. Article 8. CONTRACT DOCUMENTS. The Contract Documents which comprise the entire agreement between OWNER and CONTRACTOR concerning the Work consist of the following: 8.1. This Agreement (pages 2-1 through 2-17, inclusive). 8.2. Exhibits to this Agreement (immediately following this Agreement, inclusive). 8.3. Certificate of Insurance (page 2-10). 8.4. Notice of Award. 8.5. Part 1: General Provisions of the Standard Specifications for Public Works Construction, NCTCOG, fourth edition. 8.6. Supplementary Conditions to the NCTCOG, Part 1: General Provisions (pages 3-1 through 3-13). 8.7 Specifications bearing the title: "PROJECT MANUAL - Proposal, Contract, Bond Forms, and Specifications for: PARK LOOP & AQUATIC SHARED-USE TRAILS City of The Colony BID #59-24-03 PARK LOOP & AQUATIC TRAIL 8.8 Addendum to the NCTCOG Standard Specifications for Public Works Construction included in Appendix B. 8.9 Construction plans, one set consisting of ninety-seven consecutively numbered sheets. 8.10 The following listed and numbered addenda: ___________________ 8.11 CONTRACTOR's Proposal, Bid Schedule, and Summary of Section 1 – Bidding Documents (page 1-17 through 1-24). 158 CONTRACT DOCUMENTS 2-6 8.12. Documentation submitted by CONTRACTOR prior to Notice of Award. 8.13. The following which may be delivered or issued after the Effective Date of the Agreement and are not attached hereto: All Written Amendments and other documents amending, modifying, or supplementing the Contract Documents pursuant to Items 104.2 and 109.3 of the General Provisions. 8.14. The documents listed in paragraphs 8.2 et seq. above are attached to this Agreement (except as expressly noted otherwise above). The Contract Documents may only be amended, modified, or supplemented as provided in Items 104.2 and 109.3 of the General Provisions. Article 9. MISCELLANEOUS. 9.1. Terms used in this Agreement which are defined in Item 101.1 of the General Provisions will have the meanings indicated in the General Provisions. 9.2. No assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound; and specifically but without limitation moneys that may become due and moneys that are due may not be assigned without such consent (expect to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 9.3. OWNER and CONTRACTOR each binds itself, its partners, successors, assigns and legal representatives to the other party hereto, its partners, successors, assigns and legal representatives in respect of all covenants, agreements and obligations contained in the Contract Documents. Article 10. OTHER PROVISIONS. IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed this Agreement in triplicate. One counterpart each has been delivered to OWNER, CONTRACTOR and ENGINEER. All portions of the Contract Documents have been signed or identified by OWNER and CONTRACTOR or by ENGINEER on their behalf. This Agreement will be effective on __________________________________, 2024. OWNER: City of The Colony CONTRACTOR: ________________________ 6800 Main Street The Colony, TX 75056 ________________________ 159 CONTRACT DOCUMENTS 2-7 ________________________ BY: BY: : TITLE: City Manager TITLE: : ATTEST: ATTEST: : Address for giving notices: Address for giving notices: City of the Colony 6800 Main Street The Colony, Texas 75056 Attn: Naim Khan, P.E. Senior Engineer Attn: (If OWNER is a public body, attach (If CONTRACTOR is a corporation, attach evidence of authority to sign and evidence of authority to sign.) resolution or other documents authorizing execution of Agreement.) 160 CONTRACT DOCUMENTS 2-8 PREVAILING WAGE RATES PREVAILING WAGE RATE FOR MUNICIPAL CONSTRUCTION IN DENTON COUNTY, TEXAS (Revised February 2007) The wage rates below, in accordance with statutory requirements and prevailing local wages, have been determined by Denton County, Texas. The CONTRACTOR shall comply with all State and Federal Laws applicable to such work. The proceeding are minimum rates. Bidders shall base their bids on rates they expect to pay, if in excess of those listed. The OWNER will not consider claims for extra payment to CONTRACTOR on account of payment of wages higher than those specified. Rates Air Tool Operators $ 10.06 Asphalt Raker 11.01 Asphalt Shoveler 8.80 Batching Plant Weigher 14.15 Carpenter 12.80 Concrete Finisher-Paving 12.85 Concrete Finisher-Structure 13.27 Concrete Rubber 10.61 Electrician 18.12 Flagger 8.43 Form Builder-Structures 11.63 Form Setter-Paving & Curb 11.83 Form Setter-Structures 11.63 Laborer-Common 9.18 Laborer-Utility 10.65 Mechanic 16.97 Oiler 14.98 Servicer 12.32 Painter-Structures 13.17 Pipe Layer 11.04 Asphalt Distributor Operator 13.99 Asphalt Paving Machine 12.78 Broom or Sweeper Operator 9.88 Bulldozer 13.22 Concrete Finishing Machine 13.63 Concrete Paving Joint Sealer 12.50 Concrete Paving Saw 13.56 Concrete Paving Spreader 14.50 Slip form Machine Operator 12.33 Crane, Clamshell, Backhoe, Derrick, Dragline, Shovel 14.12 161 CONTRACT DOCUMENTS 2-9 PREVAILING WAGE RATE FOR MUNICIPAL CONSTRUCTION IN DENTON COUNTY, TEXAS (Revised February 2007) (continued) Rates Foundation Drill Operator Crawler Mounted $13.67 Foundation Drill Operator Truck Mounted 16.30 Front End Loader 12.62 Milling Machine Operator 11.83 Mixer 11.58 Motor Grader Operator Fine Grade 15.20 Motor Grade Operator 14.50 Pavement Marking Machine 10.04 Roller, Steel Wheel Plant-Mix Pavements 11.28 Roller, Steel Wheel Other Flatwheel or Tamping 10.92 Roller, Pneumatic, Self-Propelled 11.07 Scraper 11.42 Tractor-Crawler Type 12.60 Tractor-Pneumatic 12.91 Traveling Mixer 12.03 Wagon-Drill, Boring Machine 14.00 Reinforcing Steel Setter Paving 14.86 Reinforcing Steel Setter Structures 16.29 Spreader Box Operator 10.92 Zone Work Barricade 10.09 Truck Driver-Single Axle Light 10.91 Truck Driver-Single Axle Heavy 11.47 Truck Driver-Tandem Axle Semi Trailer 11.75 Truck Driver-Lowboy/Float 14.93 Truck Driver-Transit Mix 12.08 Welder 13.57 Request for additional classifications and wage rates may be submitted to the City ENGINEER after award, and may be approved only if: (1) the work to be performed by the classification requested is not performed by a classification in the wage determination; (2) the classification is utilized in the area by the construction industry; and (3) the proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination (for the given area and type of construction). Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29 CFR. 5.5 (a) (1) (v)). 162 CONTRACT DOCUMENTS 2-10 CERTIFICATE OF INSURANCE After award of contract, Contractor will provide Owner with Certificate of Insurance which will be executed and bound here with final documents. 163 CONTRACT DOCUMENTS 2-11 GENERAL INSTRUCTIONS FOR BONDS A. The surety on each bond must be a responsible surety company which is qualified to do business in Texas and satisfactory to the Owner. B. The name, and residence, of each individual party to the bond shall be inserted in the body thereof, and each such party shall sign the bond with his usual signature on the line opposite the scroll seal, and if signed in Maine, Massachusetts or New Hampshire, an adhesive seal shall be affixed opposite the signature. C. If the principals are partners, their individual names will appear in the body of the bond, with the recital that they are partners composing a firm, naming it, and all the members of the firm shall execute the bond as individuals. D. The signature of a witness shall appear in the appropriate place, attesting the signature of each individual party to the bond. E. If the principal or surety is a corporation, the name of the State in which incorporated shall be inserted in the appropriate place in the body of the bond, and said instrument shall be executed and attested under the corporate seal, the fact shall be stated, in which case a scroll or adhesive seal shall appear following the corporate name. F. The official character and authority of the person or persons executing the bond for the principal, if a corporation, shall be certified by the secretary or assistant secretary according to the form attached hereto. In lieu of such certificate, records of the corporation as will show the official character and authority of the officer signing, duly certified by the secretary or assistant secretary, under the corporate seal, to be true copies. G. The date of this bond must not be prior to the date of the contract in connection with which it is given. 164 CONTRACT DOCUMENTS 2-12 PERFORMANCE BOND STATE OF TEXAS } COUNTY OF DENTON } KNOW ALL MEN BY THESE PRESENTS: That ______________________ whose address is ____________________, hereinafter called Principal, and ___________________________, a corporation organized and existing under the laws of the State of __________, and fully licensed to transact business in the State of Texas as Surety, are held and firmly bound unto the CITY OF THE COLONY, a municipal corporation organized and existing under the laws of the State of Texas, hereinafter called "Beneficiary", in the penal sum of ___________________________________in lawful money of the United States, to be paid in Denton County, Texas, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators and successors jointly and severally, firmly by these presents. This Bond shall automatically be increased by the amount of any Change Order or Supplemental Agreement which increases the Contract price, but in no event shall a Change Order or Supplemental Agreement which reduces the Contract price decrease the penal sum of this Bond. THE OBLIGATION TO PAY SAME is conditioned as follows: Whereas, the Principal entered into a certain Contract with the City of The Colony, the Beneficiary dated the _______ of ____________, A.D. 2023, which is made a part hereof by reference, for the construction of certain public improvements that are generally described as follows: PARK LOOP & AQUATIC SHARED-USE TRAILS City of The Colony BID #59-24-03 PARK LOOP & AQUATIC TRAIL NOW, THEREFORE, if the Principal shall well, truly and faithfully perform and fulfill all of the undertakings, covenants, terms, conditions and agreements of said Contract in accordance with the plans, specifications and Contract documents during the original term thereof and any extension thereof which may be granted by the Beneficiary, with or without notice to the Surety, and during the life of any guaranty or warranty required under this Contract, and shall also well and truly perform and fulfill all the undertakings, covenants, terms, conditions and agreements of any and all duly authorized modifications of said Contract that may hereafter be made, notice of which modifications to the Surety being hereby waived; and, if the Principal shall repair and/or replace all defects due to faulty materials and workmanship that appear within a period of two (2) year from the date of final completion and final acceptance of the Work by Owner; and, if the Principal shall fully indemnify and save harmless the Beneficiary from all costs and damages which Beneficiary may suffer by reason of failure to so perform herein and shall fully reimburse and repay Beneficiary all outlay and expense which the Beneficiary may incur in making good any default or deficiency, then this obligation shall be void; otherwise, it shall remain in full force and effect. PROVIDED FURTHER, that if any legal action be filed on this Bond, exclusive Venue shall lie in Denton County, Texas. AND PROVIDED FURTHER, that the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract or to the 165 CONTRACT DOCUMENTS 2-13 Work to be performed thereunder or the specifications accompanying the same shall in anyway affect its obligation on this Bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract, or to the Work or to the Specifications. This Bond is given pursuant to the provisions of Article 5160 of Vernon's Annotated Civil Statutes, and any other applicable statutes of the State of Texas. The undersigned and designated agent is hereby designated by the Surety herein as the Resident Agent in Denton County or Dallas County to whom any requisite notices may be delivered and on whom service of process may be had in matters arising out of such suretyship, as provided by Article 7.19-1 of the insurance Code, Vernon's Annotated Civil Statutes of the State of Texas. IN WITNESS WHEREOF, this instrument is executed in Three (3) copies, each one of which shall be deemed an original, this the day of , 2023. PRINCIPAL SURETY By: By: Title: Title: Attorney-in-Fact ATTEST: ATTEST: _________________________________ _________________________________ The Resident Agent of the Surety in Denton or Dallas County, Texas, for delivery of notice and service of the process is: NAME:_________________________________________________________________________ ADDRESS:_____________________________________________________________________ NOTE: Date of Performance Bond must be date of Contract. If Resident Agent is not a corporation, give person's name. 166 CONTRACT DOCUMENTS 2-14 PAYMENT BOND STATE OF TEXAS } COUNTY OF DENTON } KNOW ALL MEN BY THESE PRESENTS: That ____________________, whose address is _______________, hereinafter called Principal, and __________________, a corporation organized and existing under the laws of the State of ________, and fully licensed to transact business in the State of Texas as Surety, are held and firmly bound unto the CITY OF THE COLONY, a municipal corporation organized and existing under the laws of the State of Texas, hereinafter called "Beneficiary", in the penal sum of ____________________________________________________________ in lawful money of the United States, to be paid in Denton County, Texas, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators and successors jointly and severally, firmly by these presents. This Bond shall automatically be increased by the amount of any Change Order or Supplemental Agreement which increases the Contract price, but in no event shall a Change Order or Supplemental Agreement which reduces the Contract price decrease the penal sum of this Bond. THE OBLIGATION TO PAY SAME is conditioned as follows: Whereas, the Principal entered into a certain Contract with the City of The Colony, dated the _______ of ____________, A.D. 2023, which is made a part hereof by reference, for the construction of certain public improvements that are generally described as follows: PARK LOOP & AQUATIC SHARED-USE TRAILS City of The Colony BID #59-24-03 PARK LOOP & AQUATIC TRAIL NOW, THEREFORE, if the Principal shall well, truly and faithfully perform its duties and make prompt payment to all persons, firms, subcontractors, corporations and claimants supplying labor and/or material in the prosecution of the Work provided for in said Contract and any and all duly authorized modifications of said Contract that may hereafter be made, notice of which modification to the Surety is hereby expressly waived, then this obligation shall be void; otherwise it shall remain in full force and effect. PROVIDED FURTHER, that if any legal action be filed on this Bond, exclusive Venue shall lie in Denton County, Texas. AND PROVIDED FURTHER, that the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract or to the Work to be performed thereunder or the Plans, Specifications, Drawings, etc., accompanying the same, shall in anyway affect its obligation on this Bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract, or to the Work to be performed thereunder. This Bond is given pursuant to the provisions of Article 5160 of Vernon's Annotated Civil Statutes, and any other applicable statutes of the State of Texas. 167 CONTRACT DOCUMENTS 2-15 The undersigned and designated agent is hereby designated by the Surety herein as the Resident Agent in Denton County or Dallas County to whom any requisite notices may be delivered and on whom service of process may be had in matters arising out of such suretyship, as provided by Article 7.19-1 of the insurance Code, Vernon's Annotated Civil Statutes of the State of Texas. IN WITNESS WHEREOF, this instrument is executed in Three (3) copies, each one of which shall be deemed an original, this the ______ day of ___________________, 2023. PRINCIPAL SURETY By: By: Title: Title: Attorney-in-Fact ATTEST: ATTEST: _________________________________ _________________________________ The Resident Agent of the Surety in Denton or Dallas County, Texas, for delivery of notice and service of the process is: NAME:_________________________________________________________________________ ADDRESS:_____________________________________________________________________ NOTE: Date of Payment Bond must be date of Contract. If Resident Agent is not a corporation, give a person's name. 168 CONTRACT DOCUMENTS 2-16 MAINTENANCE BOND STATE OF TEXAS } COUNTY OF DENTON } PARK LOOP & AQUATIC SHARED-USE TRAILS City of The Colony BID #59-24-03 PARK LOOP & AQUATIC TRAIL KNOW ALL MEN BY THESE PRESENTS: THAT _______________________ as Principal, and ___________________, a corporation organized under the laws of the State of ________, as sureties, do hereby expressly acknowledge themselves to be held and bound to pay unto the CITY OF THE COLONY , a Municipal Corporation, Texas, the sum of ___________________________for the payment of which sum will and truly be made unto said CITY OF THE COLONY , and its successors, said principal and sureties do hereby bind themselves, their assigns and successors jointly and severally. THIS obligation is conditioned; however, that whereas, the said ________________________ has this day entered into a written contract with the said CITY OF THE COLONY to build and construct PARK LOOP & AQUATIC SHARED-USE TRAILS, City of The Colony BID #59-24-03 PARK LOOP & AQUATIC TRAIL which contract and the plans and specifications therein mentioned, adopted by the CITY OF THE COLONY are hereby expressly made a part thereof as through the same were written and embodied herein. WHEREAS, under the plans, specifications, and contract, it is provided that the Contractor will maintain and keep in good repair, the work herein contracted to be done and performed, for a period of two (2) years from the date of the acceptance of said work, and to do all necessary repairs and/or reconstruction in whole or in part of said improvements that should be occasioned by settlement of foundation, defective workmanship or materials furnished in the construction or any part thereof or any of the accessories thereto constructed by the Contractor. It being understood that the purpose of this section is to cover all defective conditions arising by reason of defective material and charge the same against the said Contractor, and sureties on this obligation. Now, therefore, if the said Contractor shall keep and perform its' said agreement to maintain said work and keep the same in repair for the said maintenance period of two (2) years, as provided, then these presents shall be null and void, and have not further effect, but if default shall be made by the said Contractor in the performance of its' contract to so maintain and repair said work, then these presents shall have full force and effect, and said CITY OF THE COLONY shall have and receive from the said Contractor and its' principal and sureties damages in the premises, as provided; and it is further agreed that this obligation shall be a continuing one against the principal and sureties, hereon, and that successive recoveries may be and had hereon for successive branches until the full amount shall have been exhausted; and it is further understood that the obligation herein to maintain said work shall continue throughout said maintenance period, and the same shall not be changed, diminished or in any manner affected from any cause during said time. 169 CONTRACT DOCUMENTS 2-17 IN WITNESS WHEREOF, the said __________________________________ has caused these presents to be executed by _____________________________________________ and the said _______________________________________ has caused these presents to be executed by its Attorney in fact and the said Attorney in fact _________________________________, has hereunto set his hand, the ______________ day of _______________________, 2023. PRINCIPAL SURETY By: By: Title: Title: Attorney-in-Fact ATTEST: ATTEST: _________________________________ _________________________________ The Resident Agent of the Surety in Denton or Dallas County, Texas, for delivery of notice and service of the process is: NAME:_________________________________________________________________________ ADDRESS:_____________________________________________________________________ NOTE: Date of Maintenance Bond must not be prior to date of Contract. 170 CITY OF THE COLONY, TEXAS RESOLUTION NO. 2024 – _______ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS, AUTHORIZING THE CITY MANAGER TO EXECUTE A CONSTRUCTION SERVICES CONTRACT WITH GREENIVERSE CONSTRUCTION, LLC FOR CONSTRUCTION OF THE PARK LOOP TRAIL PHASE II AND AQUATIC PARK TRAIL CONNECTION TO BE FUNDED BY THE COMMUNITY DEVELOPMENT CORPORATION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City has determined that it is in the best interest of the City to enter into a Construction Services Contract with Greeniverse Construction LLC for construction of the Park Loop Trail Phase II and Aquatic Park Trail Connection; and WHEREAS, with this contract, the City of The Colony is agreeing to the services not to exceed the amount of $1,146,699.69 for such work to be funded by the Community Development Corporation. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS, THAT: Section 1.The contract, having been reviewed by the City Council of the City of The Colony, Texas, and found to be acceptable and in the best interest of the City and its citizens, be, and the same is hereby, in all things approved. Section 2. The City Manager is hereby authorized to execute the contract on behalf of the City of The Colony, Texas. Section 3.This resolution shall take effect immediately from and after its adoption and it is so resolved. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS THIS 20TH DAY OF FEBRUARY 2024. _____________________________ Richard Boyer, Mayor City of The Colony, Texas ATTEST: ___________________________________ Tina Stewart, TRMC, CMC, City Secretary 171 APPROVED AS TO FORM: ___________________________________ Jeffrey L. Moore, City Attorney 172 Agenda Item No:5.3 CITY COUNCIL Agenda Item Report Meeting Date: February 20, 2024 Submitted by: Calvin Lehmann Submitting Department: Parks & Recreation Item Type: Resolution Agenda Section: Subject: Discuss and consider approving a resolution authorizing the City Manager to execute a Construction Contract with Mooring USA for the renovation of Stewart Creek Elementary Phase 2 (New Recreation Center) through the TIPS Purchasing Cooperative in an amount not to exceed $1,061,067.00 to be funded by the Community Development Corporation. (Lehmann) Suggested Action: Background: This pertains to the construction of the Senior Community Center segment, or Phase 2 within the new recreation center building. Mooring, the contractor responsible for compiling this bid, is a member of the TIPS purchasing Coop and has previously successfully handled asbestos abatement for us. Their work and communication during the asbestos process, led us reach out to them for their construction renovation services for this phase of construction. The bid encompasses various elements, such as the demolition of wall openings in the reception, fitness area, computer room, and existing flooring and cabinets. Additionally, it includes framing and drywall installation to cover the majority of CMU walls in hallways, the main assembly area, and classrooms to enhance sound insulation. Concrete and structural framing are included for the new folding partitions and the ADA ramp leading to the main stage. Furthermore, Mooring's bid covers new flooring, millwork, painting, Mechanical, Electrical & Plumbing services, They are also installing the mandated voice-evac fire alarm system in compliance with fire code regulations. With the overall cost of construction at $45 a square foot, we feel that mooring has given us a fair price and their construction schedule of 16 weeks aligns with our goals to moving the community center over to the new building. Attachments: 240205 - Stewart's Creek Renovation - Proposal with Signature Block.pdf Res. 2024-xxx Mooring USA.doc 173 Built to Build Better. PROJECT PROPOSAL Stewart's Creek Renovation - Phase 2 CONTACT: Bryce Bundy bbundy@mooringusa.com | 432.230.2768 PROPOSAL DATE: 02.05.2024 174 The Colony Stewart's Creek Renovation Project Number: 240045 Phase 2 Estimate - Permit Set February 5, 2024 Scope of Work Description Final Bid Amount Cost / GSFT % of Total 01 00 00 - General Conditions $58,905 $2.52 5.55% 01 74 23 - Final Clean $3,785 $0.16 0.36% 02 41 00 - Demolition $24,331 $1.04 2.29% 03 00 00 - Concrete $87,980 $3.77 8.29% 04 20 00 - Masonry $2,560 $0.11 0.24% 05 12 00 - Structural & Misc Steel $88,409 $3.78 8.33% 06 00 00 - Carpentry $1,350 $0.06 0.13% 08 05 00 - Doors, Frames, & Hardware $20,887 $0.89 1.97% 08 33 00 - Overhead Doors $4,860 $0.21 0.46% 09 21 16 - Drywall & Framing $65,772 $2.82 6.20% 09 60 00 - Flooring & Tiling $171,523 $7.34 16.17% 09 91 00 - Painting $108,872 $4.66 10.26% 10 00 00 - Specialties & Folding Panel Partitions $48,272 $2.07 4.55% 12 35 00 - Casework & Countertops $104,379 $4.47 9.84% 21 00 00 - Fire Protection - By Owner $0 $0.00 0.00% 22 00 00 - Plumbing $42,660 $1.83 4.02% 23 00 00 - HVAC $4,027 $0.17 0.38% 26 00 00 - Electrical $30,224 $1.29 2.85% 28 40 00 - Fire Alarm - Stated Allowance $85,975 $3.68 8.10% SUBTOTAL - DIRECT COST $954,771 $40.87 / GSFT Owner Contingency - Excluded $0 SUBTOTAL - HARD COST $954,771 $40.87 / GSFT GL / Workers Comp Ins. $6,206 Builders Risk Insurance $0 GC Payment & Performance Bond $13,082 Permit - Excluded $0 SUBTOTAL - COST OF WORK $974,059 $41.69 / GSFT Construction Fee $87,007 Applicable Sales Tax - Excluded; tax exempt $0 TOTAL CONSTRUCTION COST $1,061,067 $45.42 / GSFT 175 The Colony Stewart's Creek Renovation 240045 Phase 2 - Permit Set February 5, 2024 GSFT 23,362 GSFT Scope of Work Description Qty UOM Unit Cost Total Qty Unit Total GENERAL REQUIREMENTS Site supervision & project management 1 lsum 55,968.00 55,968 1 lsum 55,968 Mobilization & job startup 1 lsum 1,147.45 1,147 1 lsum 1,147 Field equipment, and tools 1 lsum 1,790.02 1,790 1 lsum 1,790 TOTAL GENERAL REQUIREMENTS 58,905 58,905 SUBTOTAL DIVISION 01 - GENERAL REQUIREMENTS 2.52 / GSF 58,905 58,905 DEMOLITION Interior demolition 1 lsum 24,331.24 24,331 1 lsum 24,331 TOTAL DEMOLITION 24,331 24,331 ASBESTOS ABATEMENT Asbestos abatement - excluded excl TOTAL ASBESTOS ABATEMENT SUBTOTAL DIVISION 02 - EXISTING CONDITIONS 1.04 / GSF 24,331 24,331 CONCRETE Building concrete to include sawcut, remove, and replace for new footings, new ramp / wall, and (3) helical piers at new column locations 1 lsum 87,980.00 87,980 1 lsum 87,980 TOTAL CONCRETE 87,980 87,980 SUBTOTAL DIVISION 03 - CONCRETE 3.77 / GSF 87,980 87,980 MASONRY CMU masonry (standard units) for wall infill 1 lsum 2,559.90 2,560 1 lsum 2,560 TOTAL MASONRY 2,560 2,560 SUBTOTAL DIVISION 04 - MASONRY 0.11 / GSF 2,560 2,560 STRUCTURAL STEEL / MISCELLANEOUS METALS Structural & misc steel 1 lsum 88,408.80 88,409 1 lsum 88,409 Aluminum railing incl (3) HSS4x4x3/16 columns for operable partitions incl (2) W14x61 beams for operable partitions incl Support assemblies overhead incl Base plates & anchor bolts incl TOTAL STRUCTURAL STEEL / MISCELLANEOUS METALS 88,409 88,409 SUBTOTAL DIVISION 05 - METALS 3.78 / GSF 88,409 88,409 ROUGH CARPENTRY Chair rail in fitness room 1 lsum 1,350.00 1,350 1 lsum 1,350 TOTAL ROUGH CARPENTRY 1,350 1,350 SUBTOTAL DIVISION 06 - WOODS & PLASTICS 0.06 / GSF 1,350 1,350 MEMBRANE ROOFING Roofing work excluded excl TOTAL MEMBRANE ROOFING Project Total CSI Detail Interior Renovation 23,362 176 The Colony Stewart's Creek Renovation 240045 Phase 2 - Permit Set February 5, 2024 GSFT 23,362 GSFT Scope of Work Description Qty UOM Unit Cost Total Qty Unit Total Project Total CSI Detail Interior Renovation 23,362 DOORS, FRAMES & HARDWARE Furnish & install doors, frames, & hardware per plans (no hardware other than hinges provided in plans)1 lsum 20,887.23 20,887 1 lsum 20,887 TOTAL DOORS, FRAMES & HARDWARE 20,887 20,887 OVERHEAD DOORS Overhead door, basis of design Overhead Door Model 652, 8'-0 x 4'-0 1 each 4,860.00 4,860 1 each 4,860 TOTAL OVERHEAD DOORS 4,860 4,860 ENTRANCES, STOREFRONTS & CURTAIN WALLS Glass is excluded - plans show to keep existing excl TOTAL ENTRANCES, STOREFRONTS & CURTAIN WALLS SUBTOTAL DIVISION 08 - OPENINGS 1.10 / GSF 25,747 25,747 GYPSUM BOARD ASSEMBLIES Furnish & install drywall & framing per plans 1 lsum 46,785.60 46,786 1 lsum 46,786 ACT per plans - see basis of cost for limits 1 lsum 18,986.40 18,986 1 lsum 18,986 TOTAL GYPSUM BOARD ASSEMBLIES 65,772 65,772 TILING Furnish & install WT01 Daltile Fabrique Blanc Linen w/ Schluter trim pieces 1 lsum 60,937.92 60,938 1 lsum 60,938 TOTAL TILING 60,938 60,938 FLOORING Furnish & install carpet tile, LVT01, and RB01 per plans 1 lsum 93,897.36 93,897 1 lsum 93,897 Furnish & install sport court flooring; Shaw Sports Floor Rexcourt Style 0004V (specified product has been discontinued)1 lsum 16,688.16 16,688 1 lsum 16,688 TOTAL FLOORING 110,586 110,586 PAINTING Interior painting per plans 1 lsum 89,745.96 89,746 1 lsum 89,746 Paint ceiling grid per finish schedule 1 lsum 13,564.82 13,565 1 lsum 13,565 Caulking 1 lsum 5,560.76 5,561 1 lsum 5,561 TOTAL PAINTING 108,872 108,872 FINAL CLEANING Building final clean 1 lsum 3,784.64 3,785 1 lsum 3,785 TOTAL FINAL CLEANING 3,785 3,785 SUBTOTAL DIVISION 09 - FINISHES 349,952 349,952 SPECIALTIES Restroom accessories - excluded excl TOTAL SPECIALTIES SIGNAGE Signage - excluded excl TOTAL SIGNAGE 177 The Colony Stewart's Creek Renovation 240045 Phase 2 - Permit Set February 5, 2024 GSFT 23,362 GSFT Scope of Work Description Qty UOM Unit Cost Total Qty Unit Total Project Total CSI Detail Interior Renovation 23,362 FOLDING PANEL PARTITIONS Furnish & install (2) Modernfold Acousti-Seal Encore operable partition paired panels w/ expandable panel closure. 1 lsum 48,272.00 48,272 1 lsum 48,272 TOTAL FOLDING PANEL PARTITIONS 48,272 48,272 SUBTOTAL DIVISION 10 - SPECIALTIES 48,272 48,272 RESIDENTIAL APPLIANCES Appliances - excluded excl TOTAL RESIDENTIAL APPLIANCES WINDOW TREATMENTS Window treatments - excluded excl TOTAL WINDOW TREATMENTS CASEWORK Cabinets - paint grade exterior surface, white p-lam interiors, and shaker style doors 1 lsum 86,729.05 86,729 1 lsum 86,729 TOTAL CASEWORK 86,729 86,729 COUNTERTOPS Wilsonart solid surface Luminous White, 1/2" polished contertops w/ 6" backsplash, 1.5" miter, grommets where indicated 1 lsum 17,649.56 17,650 1 lsum 17,650 TOTAL COUNTERTOPS 17,650 17,650 SUBTOTAL DIVISION 12 - FURNISHINGS 104,379 104,379 FIRE SUPPRESSION Excluded excl TOTAL FIRE SUPPRESSION PLUMBING Building plumbing and fixtures 1 lsum 42,660.45 42,660 1 lsum 42,660 TOTAL PLUMBING 42,660 42,660 SUBTOTAL DIVISION 22 - PLUMBING 42,660 42,660 HEATING, VENTILATION & AIR CONDITIONING Building HVAC 1 lsum 4,026.94 4,027 1 lsum 4,027 TOTAL HEATING, VENTILATION & AIR CONDITIONING 4,027 4,027 SUBTOTAL DIVISION 23 - HEATING, VENTILATION & AIR CONDITIONING 4,027 4,027 ELECTRICAL Electrical per plans 1 lsum 30,223.80 30,224 1 lsum 30,224 TOTAL ELECTRICAL 30,224 30,224 SUBTOTAL DIVISION 26 - ELECTRICAL 30,224 30,224 FIRE DETECTION & ALARM Fire alarm allowance 1 allow 85,975.00 85,975 1 allow 85,975 178 The Colony Stewart's Creek Renovation 240045 Phase 2 - Permit Set February 5, 2024 GSFT 23,362 GSFT Scope of Work Description Qty UOM Unit Cost Total Qty Unit Total Project Total CSI Detail Interior Renovation 23,362 TOTAL FIRE DETECTION & ALARM 85,975 85,975 SUBTOTAL DIVISION 28 - ELECTRONIC SAFETY & SECURITY 85,975 85,975 179 The Colony Stewart's Creek Renovation Project Number: 240045 Phase 2 Estimate - Permit Set February 5, 2024 Scope of Work Description Total % 09 60 00 - Flooring & Tiling $171,523.44 19.15% 09 91 00 - Painting $108,871.54 12.15% 12 35 00 - Casework & Countertops $104,378.61 11.65% 05 12 00 - Structural & Misc Steel $88,408.80 9.87% 03 00 00 - Concrete $87,980.00 9.82% 28 40 00 - Fire Alarm - Stated Allowance $85,975.00 9.60% 09 21 16 - Drywall & Framing $65,772.00 7.34% 10 00 00 - Specialties & Folding Panel Partitions $48,272.00 5.39% 22 00 00 - Plumbing $42,660.45 4.76% 26 00 00 - Electrical $30,223.80 3.37% 02 41 00 - Demolition $24,331.24 2.72% 08 05 00 - Doors, Frames, & Hardware $20,887.23 2.33% 08 33 00 - Overhead Doors $4,860.00 0.54% 23 00 00 - HVAC $4,026.94 0.45% 01 74 23 - Final Clean $3,784.64 0.42% 04 20 00 - Masonry $2,559.90 0.29% 06 00 00 - Carpentry $1,350.00 0.15% Cost Driver Analysis 180 The Colony Stewart’s Creek Renovation Phase 2 Exhibit A - Basis of Cost February 5, 2024 This Basis of Cost provides clarifications and assumptions regarding scope, quality, pricing, and schedule. Our goal, as a partner with the owner and the design team is to align expectations up front regarding budget certainty and cost control. The following documents are referenced: 1. Plans issued for permit prepared by Halff dated 11.15.2023. 2. ASI 01 dated 12.08.2023. General Items: 1. This proposal is based on a construction duration of sixteen (16) weeks. 2. Building permit must be received prior to official Notice to Proceed being provided to Mooring. 3. The Construction Schedule assumes a 5-day work week. 4. It should be understood by all parties that events outside of Mooring’s control, such as tariffs, legislation, political positioning, health pandemics, etc. may have impacts on cost and schedule. This estimate excludes any exposure holds or contingencies for such items. 5. Mooring is not carrying a budget or contingency to allow for cost escalation during the final contracting procurement phase. The current environment is volatile, and Mooring is not carrying any allowances for cost escalation. 6. Required subcontractor permits are included in this proposal. 7. Mooring is not carrying a budget or contingency for unknown existing conditions that are discovered during construction. 8. Architect, Engineer, and/ or Consultant fees are excluded. 9. General liability and workers’ compensation insurance premiums are included in this proposal. 10. Soil borings and investigation expenses are not part of this scope and are excluded. 11. Applicable sales taxes are excluded. Project is tax exempt. 12. Provided by the Owner, or otherwise excluded by Mooring: a. General Building Permit b. Third party testing and inspections, and special inspectors c. Utility impact fees d. Utility consumption e. Escalation contingency f. Dumpsters 13. Pricing within this proposal is valid for 30 days from the date of this proposal. 14. LEED certification is excluded. 15. Residential wage rates are included. Certified payrolls and predetermined wage scales, such as Davis Bacon or prevailing wage are excluded. 16. This proposal assumes there will be no liquidated or consequential damages associated with this project. If the Owner expects Mooring to consider liquidated damages, then the price for this proposal is subject to change. 17. The price of this proposal assumes that any Owner provided materials will arrive in alignment with the construction schedule. Any negative impacts to the construction schedule resulting from Owner provided material delays are not the responsibility of Mooring and could result in additional cost. 18. All dumpsters for debris or trash generated by owner furnished and installed items are excluded. 19. Items noted on plans as furnished by Owner are not included in this proposal. 181 The Colony Stewart’s Creek Renovation Phase 2 Exhibit A - Basis of Cost February 5, 2024 20. GC P&P bonds are carried in this proposal. Division 2 – Existing Conditions 1. Excludes demo, removal, or haul-off of any unforeseen / unknown existing conditions, utilities, or underground structures. 2. Excludes testing of or removal of contaminated materials. 3. Asbestos abatement, asbestos survey, air monitoring, clearances, permit costs, and sewer fee costs are excluded. Division 3 – Concrete 1. Proposal includes (3) helical piers and backfill as shown on plans. 2. No Geotech report was provided at time of bid, so assumptions were made for piers and backfill. 3. Includes demo, haul off, and pour back of concrete slab as required for new footings and new ramp. 4. All concrete to be 3,500 psi. 5. All formwork, reinforcing, and dowels are included. 6. Concrete mix design slumps are included per V002, which allows the contractor to select the slump to match means and methods. 7. Concrete to be tailgated. 8. Proposal assumes all excavations and penetrations to be free of any below-grade obstructions. Division 4 – Masonry 1. Masonry infill at CMU walls where indicated on plans is included. Division 5 – Metals Structural Steel: 1. Proposal includes (3) HSS4x4x3/16 columns and (2) W14x61 per plans. Associated base plates and anchor bolts are included. 2. Angle bracing for folding partition supports are included. Proposal includes (9) locations at Fitness room and (7) at Computer room. 3. Proposal assumes there is clear access to move the W14x61 beams inside using dollies. Will require use of three duct jacks each (650lb capacity) for moving and setting each beam. 4. Fabrication of steel per AISC Code of Standard Practice. 5. Locations of cross bracing for support assemblies to be marked by Structural Engineer. 6. Support or shoring of existing walls / ceilings is excluded. Handrail: 1. Aluminum handrail, 1-1/4” S.40 aluminum pipe handrail / guardrail frame, clear anodized finish, with wall / floor attachments as necessary is included. Division 6 – Woods & Plastics 1. Proposal includes painted 1x4 chair rail in Fitness Room. Casework: 1. Proposal includes shop/engineered casework drawings, materials, fabrication, manufacturing, delivery, and installation. Casework finishes are per plans – paint grade exterior and laminate interior. 2. Cabinets to be constructed of ¾” plywood substrate with shaker style doors. 182 The Colony Stewart’s Creek Renovation Phase 2 Exhibit A - Basis of Cost February 5, 2024 3. Proposal excludes AWI certification. Countertops: 1. Proposal includes Wilsonart solid surface Luminous White, ½” polished countertops with 6” backsplash, 1.5” miter, and grommet holes were indicated on plans. Division 7 – Thermal and Moisture Protection 1. Excluded Division 8 – Openings 1. Plans do not show information on wood doors, so a budget number is included in this proposal. 2. Per door schedule on A602 (ASI 01), hinges only provided with door slabs. All other hardware excluded. 3. Proposal excludes electrified hardware. 4. Proposal includes (1) Overhead Door Corporation Model 652 aluminum counter door with interlocking flat slats, aluminum hood, clear anodized finish. Door is manual (push up) operation. 5. Glass and glazing excluded. Existing to remain per plans. Division 9 – Finishes Gyp Board Assemblies: 1. Fire rated plywood and in-wall blocking is included where noted in plans. 2. Proposal includes patch and repair walls where demolition activities occur, new partitions and furring per plans. 3. Proposal includes new ACT grid and tile – Armstrong 756 and 673. Painting: 1. Tape and bed gyp walls to level 4 finish is included. 2. Stain wood doors is included. 3. Prep and paint demo damaged areas is included. 4. Paint hollow metal doors and frames is included. 5. Proposal includes repainting ceiling grid / pro coat – low lustre throughout. The finish schedule indicates this is to occur at all ceiling. Flooring: 1. Wall tile and Schluter trim are included. 2. The specified sports flooring (Conner, Sport Sportgrain Plus Athletic vinyl Floor System Wood Grain Finish) has been discontinued. Therefore, proposal includes an alternate product – Shaw Sports Floor Rexcourt style 0004V. 4. Major floor prep is excluded. 5. Floor protection is excluded. 6. Moisture testing is excluded. 7. Crack isolation / moisture membrane is excluded. 8. Attic stock is excluded. 9. Epoxy grout is excluded. 10. Proposal includes flooring per plans (see diagram on following page). 183 The Colony Stewart’s Creek Renovation Phase 2 Exhibit A - Basis of Cost February 5, 2024 Division 10 – Specialties 1. Restroom partitions and accessories are excluded. None specified in plans. 184 The Colony Stewart’s Creek Renovation Phase 2 Exhibit A - Basis of Cost February 5, 2024 2. Proposal includes (2) Modernfold Acousti-Seal Encore operable partition paired panels w/ expandable panel closure. 3. Fire extinguishers and cabinets are excluded. Division 11 – Equipment 1. Excluded Division 12 – Furnishings 1. Excluded Division 13 – Special Construction 1. Excluded Division 14 – Conveying Systems 1. Excluded Division 21 – Fire Suppression 1. Fire protection is excluded. Minor adjustments to sprinkler heads to support new room configurations are necessary; however, for cost saving measures, Mooring suggests utilizing fire protection company that is already working in the building and knowledgeable of existing system and configuration to perform this work. If it is desired that Mooring perform this work, we will be happy to provide you a quote. Division 22 – Plumbing 1. Proposal includes reworking plumbing in walls to accommodate new fixtures. It should be noted that existing plumbing in rooms 115C and 115D are set to child height. New carriers and in wall plumbing will be required to accommodate standard ADA height. Proposal includes (8) new carriers and plumbing pipe to tie into. Water pipe will need to be raised to standard height, and proposal includes this as well. Division 23 – Mechanical 1. Proposal includes furnishing and installing (5) supply, returns, and / or diffusers, relocating (1) supply grille, and an allowance to furnish and install ductwork (not to exceed 125 linear feet). 2. All necessary ductwork insulation is included. 3. Standard exclusions for this scope are: a. All pneumatic, DDS, EMS, and BMS controls, cleaning of existing diffusers and equipment, all roofing, pre-existing conditions of equipment and ductwork, piping not being replaced, electrical, quick shipping, design and engineering. Division 26 – Electrical 1. Proposal includes labor, material, and tools necessary to relocate (57) 2x4 light fixtures, require existing fixtures per plans, install (6) new wall sensors, furnish & install (4) 3-way switches at open areas, provide outlets for TV monitor according to blueprints, furnish & install data lines w/ 1-1/4” conduit, provide (1) exit sign, provide dedicated receptacles per plans, and furnish and install ceiling sensor. 2. Proposal excludes any burned out or discolored lamps or damaged ballast. 185 The Colony Stewart’s Creek Renovation Phase 2 Exhibit A - Basis of Cost February 5, 2024 Division 27 – Communications 1. FCC / BDA Survey and associated requirements are excluded. Division 28 – Electronic Safety & Security 1. Proposal includes an allowance of $85,975 for fire alarm system. Division 31 – Earthwork 1. Excluded Division 32 – Exterior Improvements 1. Excluded Division 33 - Utilities 1. Excluded 186 THANK YOU. LET'S BUILD SOMETHING TOGETHER. 187 CITY OF THE COLONY, TEXAS RESOLUTION NO. 2024 – _______ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS, AUTHORIZING THE CITY MANAGER TO EXECUTE A CONSTRUCTION CONTRACT WITH MOORING USA FOR THE RENOVATION OF STEWART CREEK ELEMENTARY PHASE 2 (NEW RECREATION CENTER) THROUGH THE TIPS PURCHASING COOPERATIVE TO BE FUNDED BY THE COMMUNITY DEVELOPMENT CORPORATION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City has determined that it is in the best interest of the City to enter into a Construction Contract with Mooring USA for the renovation of Stewart Creek Elementary Phase 2 (New Recreation Center); and WHEREAS, with this contract, the City of The Colony is agreeing to the services through the TIPS Purchasing Cooperative not to exceed the amount of $1,061,067.00 for such work to be funded by the Community Development Corporation. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS, THAT: Section 1.The contract, having been reviewed by the City Council of the City of The Colony, Texas, and found to be acceptable and in the best interest of the City and its citizens, be, and the same is hereby, in all things approved. Section 2. The City Manager is hereby authorized to execute the contract on behalf of the City of The Colony, Texas. Section 3.This resolution shall take effect immediately from and after its adoption and it is so resolved. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS THIS 20TH DAY OF FEBRUARY 2024. _____________________________ Richard Boyer, Mayor City of The Colony, Texas ATTEST: ___________________________________ Tina Stewart, TRMC, CMC, City Secretary 188 APPROVED AS TO FORM: ___________________________________ Jeffrey L. Moore, City Attorney 189 Agenda Item No:5.4 CITY COUNCIL Agenda Item Report Meeting Date: February 20, 2024 Submitted by: Robert Kotasek Submitting Department: Engineering Item Type: Resolution Agenda Section: Subject: Discuss and consider approving a resolution authorizing the City Manager to execute a Construction Services Contract in the amount of $1,640,790.00 with A&B Construction, LLC. for the Sanitary Sewer Pipe Crossing Replacement on a USACE property near Ragan Place. (Hartline) Suggested Action: Background: City Council approved funding for this project in the 2022/2023 and 2023/2024 CIP Budgets. Approximately 450 feet of 24-inch cast iron sanitary sewer pipe near Reagan Place is currently exposed in the creek located on the United States Army Corps of Engineers (USACE) property and needs to be replaced. This cast iron pipe will be replaced during the project and an aerial crossing will be installed across and over the creek to protect the pipeline from potential washouts. The project bids were opened on January 17, 2024 and the low bidder was A&B Construction, LLC. at a cost of $1,640,790.00. HDR Engineering, Inc., the Project Design Engineer, received positive feedback from representatives that have previously worked with the contractor and they recommend approval of the contract with this company. With approval, the project is anticipated to start construction in March 2024 with an estimated completion in January 2025. Attachments: Location Map Engineering Recommendation Letter Certified Bid Tabulation Summary Aerial Photo of the Existing Sanitary Sewer Pipe Crossing Existing Condition Photo 1 Existing Condition Photo 2 Res. 2024-xxx A&B Construction.doc 190 Main Paige M e m o rial S H 1 2 1 Nash Blair Oaks Nor th Co lon y Fryer Baker Plano Ragan S o u t h C olo n y Fox Keys Norris A zte c Slay S t r i c k l a n d Reed Rice Roberts Arbor Glen Et hr i dg e Worley Gates Elm T a y l o r S a m R a y b u r n T o ll w a y N e w t o nMalone Tu r nerTrego Cur ry Big River Larner Glenview Joy Nervin Crawfor d Alpha PruittHale Perrin A v e r y Pemberton Adam s C a l d w e l l Wilcox Gibson Longo Kno x Carr Jenkins Standridge D r i s c o l l Ireland Augusta John Yates Pearce Knight I o l a AshlockEl l i ot Wa g n e r La k e s id e Sherman Clar y Phelps Squires Clover Valley Marlar Stanley Northpointe Brandenburg H e t h e r i n g t o n Chapman Russell Powers Bedford Stewart Shannon Walker Wheeler Sagers B a rtlett Lake Highlands Rutledge S H 1 2 1 O n R a m p Buckskin Ramsey Miller King M o r n i n g S t a r A l l e n Young Legend A li s t e r Woodruff L a k e s h o r e Yager Poole Runyon Apache Carroll Concord Pettit T y l e r Je n ni n g s Durango D ur bi n Griffin Cougar Alley W estw ay M a p l e B a l l a r d Overland Rock Canyon Ga l l o w a y Rockwood Creek H ollo w Green Hollow Bargain Red Oak Highridge Darby Thompson Grandscape Queen Wexley Ward Younger Rolling Hill Archer KisorTerrace Waters Edge Matson Alta Oaks Phoenix Mar sh Teal Cove M a y e s S p a r k s A m h u r st Sutton T w i t t y Freeman Day Spring Anderson Oxford Hendrix Hawse Pa int e r Chatham LibertyCheyenne Mountain Valley R i d g e c r e s t R i d g e p o i n t e Tittle Cook W i l s h i r e Watson Fisher Kean G a r v i n Westwood Acacia Sarasota Wamp ler Foxfire BAY DE VIEUX Blue GlenAsh Glen U s h e r Lake Ridge Fall River H i g h C l i f f Foster Evans Wi n d w a r d N e w p o r t Meadow H a m i l t o n O v e rlo o k InmanShoal C r e e k Pin e bro o k M i d d l e t o n Merrell Heron Cove H a c k n e y Go o dm an Su ns e t B a r s t o w Ohare Woodlands Pear Ridge M e l r o y Nia g ara Marks Crutchberry Willowbend Santa Fe Atterbury JamesIndianola Keller B l a y n e s H a nn a St And r ews Latimer R u s t i c R i d g e Chowning Juniper Main Plano Paige M e m o r i a l S H 1 2 1 O n R a m p S H 1 2 1 µLocation MapSanitary Sewer Pipe Creek Crossing near Ragan Place.. Sanitary Sewer Pipe Creek Crossingnear Ragan Place Existing City Park 191 hdrinc.com 17111 Preston Road, Suite 300, Dallas, TX 75248-1232 T 972.960.4400 January 23, 2024 Mr. Robert Kotasek Project Manager City of The Colony 6800 Main Street The Colony, Texas 75056-1133 Re: WASTEWATER PIPE CROSSING REPLACEMENT AT USACE CROSSING BID #69-24-06 Bid Award Recommendation Dear Mr. Kotasek: We have completed our review of the bids for the Office Creek project. The five bids, which were received by 2:00pm on January 17, 2024, and read aloud are tabulated below. Bidder Total Base Bid Amount A&B Construction LLC $1,640,790.00 Canary Construction, Inc $1,713,200.00 Wilson Contracting Services, LLC $1,933,615.73 Flowline Construction (DQ)$2,271,750.00 BRCT LCC dba Blackrock $4,072,430.00 The apparent low bidder is A&B Construction LLC. with a total bid of $1,640,790.00. A bid was supplied by Flowline Construction, however it was disqualified for not attending the mandatory pre-bid conference. To determine the responsiveness of the low bidder, HDR Engineering, Inc. reviewed the items required for submission as addressed below: Bid Form: Completed and signed. Proposal documents appear to be correctly completed and signed. Bid Bond: A bid bond was provided in the amount of 5% per the Instructions to Bidders. Bid bond is insured by EMC Insurance, Charles K. Miller, Attorney-in-fact. Bidder Compliance with State law: Completed and signed. Bidder Qualification Statement: Qualification Statements were not required but were provided showing construction staff, equipment and past performances with references provided. 192 Robert Kotasek Page 2 of 2 HDR Engineering, Inc. HDR has reviewed the submitted materials from A&B Construction LLC and believes they are qualified to undertake this project. During the evaluation HDR contacted 2 references and received positive feedback on their past performance. A&B Construction LLC does have previous experience with Aerial Crossings. HDR recommends that the Wastewater Pipe Crossing Replacement Project at USACE Crossing be awarded to A&B Construction LLC. If we can be of further assistance, please do not hesitate to contact us. Sincerely, HDR ENGINEERING, INC. Jaime Ordonez, P.E. Project Manager 193 194 195 196 197 CITY OF THE COLONY, TEXAS RESOLUTION NO. 2024 – _______ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS, AUTHORIZING THE CITY MANAGER TO EXECUTE A CONSTRUCTION SERVICES CONTRACT WITH A&B CONSTRUCTION, LLC FOR THE SANITARY SEWER PIPE CROSSING REPLACEMENT ON A USACE PROPERTY NEAR RAGAN PLACE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City has determined that it is in the best interest of the City to enter into a Construction Services Contract with A&B Construction, LLC for the sanitary sewer pipe crossing replacement on a USACE property near Ragan Place; and WHEREAS, with this contract, the City of The Colony is agreeing to the services in the amount of $1,640,790.00 for such work. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS, THAT: Section 1.The contract is found to be acceptable and in the best interest of the City and its citizens, be, and the same is hereby, in all things approved. Section 2. The City Manager is hereby authorized to execute the contract on behalf of the City of The Colony, Texas. Section 3.This resolution shall take effect immediately from and after its adoption and it is so resolved. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS THIS 20TH DAY OF FEBRUARY 2024. _____________________________ Richard Boyer, Mayor City of The Colony, Texas ATTEST: ___________________________________ Tina Stewart, TRMC, CMC, City Secretary 198 APPROVED AS TO FORM: ___________________________________ Jeffrey L. Moore, City Attorney 199 Agenda Item No:5.5 CITY COUNCIL Agenda Item Report Meeting Date: February 20, 2024 Submitted by: Kimberly Thompson Submitting Department: City Secretary Item Type: Discussion Agenda Section: Subject: Discuss and consider rescheduling or canceling the May 21, 2024 City Council meeting and provide direction to staff. (Council) Suggested Action: Attachments: 200 Agenda Item No:6.1 CITY COUNCIL Agenda Item Report Meeting Date: February 20, 2024 Submitted by: Kimberly Thompson Submitting Department: City Secretary Item Type: Discussion Agenda Section: Subject: A. Council shall convene into a closed executive session pursuant to Sections 551.072 and 551.087 of the Texas Government Code to deliberate regarding purchase, exchange, lease or value of real property and commercial or financial information the city has received from a business prospect(s), and to deliberate the offer of a financial or other incentive to a business prospect(s). B. Council shall convene into a closed executive session pursuant to Sections 551.071 of the Texas Government Code to receive legal advice from the City Attorney regarding pending or contemplated litigation or settlement offer concerning – City of The Colony, Texas v. Hemant Patel and Profound Investments, LLC, Cause No. 24-0655-431, 431st District Court, Denton County, Texas. Suggested Action: Attachments: 201 Agenda Item No:7.1 CITY COUNCIL Agenda Item Report Meeting Date: February 20, 2024 Submitted by: Kimberly Thompson Submitting Department: City Secretary Item Type: Discussion Agenda Section: Subject: A. Any action as a result of executive session regarding purchase, exchange, lease or value of real property and commercial or financial information the city has received from a business prospect(s), and the offer of a financial or other incentive to a business prospect(s). B. Any action as a result of executive session regarding pending or contemplated litigation or settlement offer concerning – City of The Colony, Texas v. Hemant Patel and Profound Investments, LLC, Cause No. 24-0655-431, 431st District Court, Denton County, Texas. Suggested Action: Attachments: 202