HomeMy WebLinkAboutCity Packets - City Council - 03/19/2024 - RegularAgenda Item No:1.5
CITY COUNCIL Agenda Item Report
Meeting Date: March 19, 2024
Submitted by: Kimberly Thompson
Submitting Department: City Secretary
Item Type: Miscellaneous
Agenda Section:
Subject:
Items of Community Interest
Suggested Action:
Attachments:
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Agenda Item No:1.6
CITY COUNCIL Agenda Item Report
Meeting Date: March 19, 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:
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Agenda Item No:3.1
CITY COUNCIL Agenda Item Report
Meeting Date: March 19, 2024
Submitted by: Tina Stewart
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:
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Agenda Item No:3.2
CITY COUNCIL Agenda Item Report
Meeting Date: March 19, 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:
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Agenda Item No:4.1
CITY COUNCIL Agenda Item Report
Meeting Date: March 19, 2024
Submitted by: Kimberly Thompson
Submitting Department: City Secretary
Item Type: Minutes
Agenda Section:
Subject:
Consider approving City Council Regular Session meeting minutes from March 6, 2024. (Stewart)
Suggested Action:
Attachments:
March 6, 2024 DRAFT Minutes.docx
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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
MARCH 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 March 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
Absent (Personal)
Present
And with 6 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 Zeke Trezevant with One Creation Church 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.
Community Services Director, Jackie Kopsa, provided upcoming events and
activities to the Council.
2.0 CITIZEN INPUT
Alex Eicke, 7305 Elm Street, spoke concerning zoning on Elm Street.
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City Council – Regular Meeting Agenda
March 6, 2024
Page| 2
3.0 WORK SESSION
***ITEM PULLED FROM THE AGENDA WITH NO DISCUSSION***
3.1 Receive a presentation, discuss and provide direction to staff regarding the Elm
Street (Commercial Destination) Strategic Focus Area.
***ITEM PULLED FROM THE AGENDA WITH NO DISCUSSION***
3.2 Receive a presentation, discuss and provide direction to staff regarding a request
for extension of the temporary allowance of 250 Tesla vehicles stored within the
“Colony Center” parking lot.
3.3 Council to provide direction to staff regarding future agenda items.
Councilwoman Ensweiler requested a future agenda item concerning the Five Star
Complex.
4.0 CONSENT AGENDA
Motion to approve all items from the Consent Agenda with the exception of 4.3 - Ensweiler;
second by Wade, motion carried with all ayes.
4.1 Consider approving City Council Regular meeting minutes from February 20,
2024.
4.2 Consider approving Council expenditures for January 2024.
***Item No. 4.3 was pulled from the consent agenda for separate discussion***
4.3 Consider approving a resolution authorizing continued participation with the
Atmos Cities Steering Committee; and authorize the payment of five cents per
capita to fund regulatory and related activities.
Motion to approve –Marks; second by Wade, motion carried with all ayes.
RESOLUTION NO. 2024-022
4.4 Consider approving a resolution authorizing the City Manager to execute a Police
Department contract for towing services awarded to LW's Towing.
RESOLUTION NO. 2024-023
4.5 Consider accepting the notice of an expenditure of seized and forfeited funds
awarded to the Police Department.
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City Council – Regular Meeting Agenda
March 6, 2024
Page| 3
5.0 REGULAR AGENDA ITEMS
5.1 Conduct a public hearing, discuss, and consider an ordinance adopting the
Standards of Care Policy for Day Camp Programs.
Recreation Coordinator, Andrea DuArte, gave an overview of this item.
The public hearing opened and closed at 6:54 p.m. with no speakers.
Motion to approve– Ensweiler; second by Holtz, motion carried with all ayes.
ORDINANCE NO. 2024-2549
Executive Session was convened at 6:55 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 7:26 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).
None
ADJOURNMENT
With there being no further business to discuss the meeting adjourned at 7:26 p.m.
APPROVED:
__________________________________
Richard Boyer, Mayor
City of The Colony, Texas
ATTEST:
11
City Council – Regular Meeting Agenda
March 6, 2024
Page| 4
_____________________________________
Tina Stewart, TRMC, CMC, City Secretary
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Agenda Item No:4.2
CITY COUNCIL Agenda Item Report
Meeting Date: March 19, 2024
Submitted by: Brant Shallenburger
Submitting Department: Parks & Recreation
Item Type: Resolution
Agenda Section:
Subject:
Consider approving a resolution authorizing the Mayor to execute a Fifth Amendment to the Marine Quest
Ground Lease, Real Property, and Personal Property Lease Agreement by and between the City of The Colony
and Marine Quest - Hidden Cove, L.P., providing for an extension of the lease term and authorizing the Mayor to
execute a related Consent to Sub-Sublease Agreement, and any related documents, all contingent up on
approval by the United States Corps of Engineers. (Shallenburger)
Suggested Action:
Attachments:
Project Trident - Draft Consent and Non-Disturbance (Execution Version).pdf
Ground Lease from City to Hidden Cove LP (5th Amendment) (Execution Version).pdf
Res. 2024-xxx Fifth Amendment with Marine Quest.docx
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MARINE QUEST GROUNDLEASE, REAL PROPERTY, AND
PERSONAL PROPERTY LEASE AGREEMENT
FIFTH AMENDMENT
This Fifth Amendment to the Groundlease, Real Property, and Personal Property Lease
Agreement (hereinafter referred to as the "Fifth Amendment"), by and between the City of The
Colony, Texas, a Texas home-rule municipality (hereinafter referred to as the "City") and Marine
Quest - Hidden Cove, L.P., a Texas limited partnershi p (hereinafter referred to as "Lessee"), and
each acting by and through their duly authorized representatives, agree as follows:
RECITALS:
WHEREAS, a lease was entered into on the 12th day of May, 2000, and replaced with lease
on the 3rd day of July, 2008, by and between the U.S. Army Corps of Engineers, as lessor, and the
City of The Colony, Texas, as lessee. This parcel of land, herein sometimes referred to as the
"Corps Leased Premises," identified as Hidden Cove Park, consists of 720± acres and has been
leased from the Corps by City; and
WHEREAS, on January 3, 2005, City entered into a s ublease with Lessees, (hereinafter
referred to as the "Original Lease") to lease a portion of said Corps Leased Premises so as to permit
Lessees to construct and operate a multi-use recreational and service facility in accordance with
an Original Development Agreement on said acreage as shown on the site plan for the Leased
Premises; and
WHEREAS, on January 10, 2005, City and Lessee entered into a First Amendment
concerning the Original Lease; and
WHEREAS, on January 20, 2015, City and Lessee entered into a Second Amendment
concerning the Original Lease; and
WHEREAS, on January 28, 2021, City and Lessee executed a Third Amendment
concerning the Original Lease;
WHEREAS, on March 24, 2021, City and Lessee executed a Fourth Amendment
concerning the Original Lease; and
WHEREAS, Section 30.06 of the Original Lease provides for amendments to the Original
Lease to be in writing and approved by the District Engineer; and
WHEREAS, the parties now desire to amend the Original Lease as amended by the
First Amendment, Second Amendment, Third Amendment and Fourth Amendment to address the
Lease Term of the Original Lease.
NOW THEREFORE, in consideration of the premises and the mutual covenants contained
herein and other valuable consideration, the sufficiency and receipt of which are hereby
acknowledged, the City and Lessee agree as follows:
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Page 2 of 6
SECTION 1. FINDINGS INCORPORATED.
The foregoing recitals are hereby incorporated into the body of this Fifth Amendment and
shall be considered part of the mutual covenants, consideration and promises that bind the parties.
SECTION 2. AMENDMENT TO ORIGINAL LEASE.
(a) Amendment to Original Lease. That Section 1.01.I. of the Original Lease is amended to
read as follows:
"I. Initial Term: The term "Initial Term" shall mean a period beginning on the
Lease Commencement Date and ending on June 30, 2042. Lessee shall have the option to extend the
Initial Term for two (2) consecutive periods consisting of one (1) ten (10) year period and one (1)
period of six (6) years, for a total of sixteen (16) years through May 31, 2058 (the “Additional Terms”),
upon written notice of Lessee. However, the Initial Term and Add itional Terms shall be subject to
the earlier termination of the Corps Lease and periodic modifications, renewals and/or extensions
thereof."
SECTION 3. MISCELLANEOUS PROVISIONS.
The following miscellaneous provisions are a part of this Fifth Amendment:
(a) Amendments. This Fifth Amendment, together with any related documents, constitutes the
entire understanding and agreement of the parties as to the matters set forth in this Fifth
Amendment. No altera tion of or amendment to this Fif th Amendment shall be effective
unless given in writing and signed by the party or parties sought to be charged or bound
by the alteration or amendment.
(b) Applicable Law and Venue. This Fifth Amendment shall be governed by and construed in
accordance with the laws of the State of Texas, and all obligations of the parties created
hereunder are performable in Denton County, Texas. Venue for any action arising under
this Fifth Amendment shall lie in the state district courts of Denton County, Texas.
(c) Assignment. This Fifth Amendment may not be assigned without the express written
consent of the other party.
(d) Binding Obligation. This Fifth Amendment shall become a binding obligation on the
signatories upon execution by all signatories heret o. Each of the parties represents to the
others that the individual or individuals executing this Fifth Amendment on their behalf has
full authority to execute this Fifth Amendment and bind the party for whom he or she is
signing.
(e) Caption Headings. Caption headings in this Fifth Amendment are for convenience
purposes only and are not to be used to inte rpret or define the provisions of the Fifth
Amendment.
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Page 3 of 6
(f) Construction. All of the terms, conditions, and obligations of the Original Lease r emain
in full force and effect except where speci fically modified by this Fifth Amendment.
(g) Counterparts. This Fifth Amendment may be executed in one or more counterparts, each
of which shall be deemed an original and all of which shall constitute o ne and the same
document.
(h) Effective Date. The effective date (the "Effective Date") of this Fifth Amendment shall be
the date of the latter to execute this Fifth Amendment by and between the City and Lessee.
(i) Governmental Functions. The parties acknowledge and agree that this Fifth Amendment
arises out of and is entered into for the express purpose of providing the following
governmental functions: public parks and recreational facilities, cons istent with and as
defined in Sections 101.0215(a)(13) and (23) of the Texas Civil Practices and Remedies
Code, as amended.
G) Notice. Any notice or other communication required or permitted by this Fifth Amendment
(hereinafter referred to as the "Notice") is effective when in writing and (i) personally
delivered either by facsimile (with electronic information and a mailed copy to follow) or
by hand or (ii) three (3) days after notice is deposited with the U.S. Postal Service, po stage
prepaid, certified with return receipt requested, and addressed as follows:
If intended for the City, to:
The City of The Colony, Texas
Attn: City Manager
6800 Main Street
The Colony, Texas 75056 Facsimile
(972) 624-2298
If intended for Lessee, to:
Marine Quest - Hidden Cove, L.P.
Attn: Marcel Bosworth
20488 Hackberry Creek Park
Road
Frisco, TX 75036
With copy to:
Mr. Jeff Moore
Brown & Hofmeister, LLP 740
East Campbell Road, #800
Richardson, Texas 75081
Facsimile (214) 747-6111 With
copy to:
Mr. Steven Camp
Husch Blackwell LLP
1900 N. Pearl Steet, Suite 1 800
Dallas, TX 75201
(k) Severability. If a court of competent jurisdiction finds any provision of this Fifth
Amendment to be invalid or unenforceable as to any person or circumstance, such finding
shall not render that provision invalid or une nforceable as to any other persons or
circumstances. If feasible, any such offending provision shall be deemed to be modified to
be within the limits of enforceability or validity; however, if the offending provision cannot
be so modified, it shall be stricken and all ot her provisions of this Fifth Amendment in all
other respects shall remain valid and enforceable.
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Page 4 of 6
(1) Time is of the Essence. Time is of the essence in the performance of this Fifth
Amendment.
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Page 5 of 6
CITY:
CITY OF THE COLONY, TEXAS
A Texas home-rule municipality
B y :
Richard Boyer, Mayor
ATTEST:
B y :
Tina Stewart, City Secretary
APPROVED AS TO FORM:
B y :
Jeff Moore, City Attorney
CITY'S ACKNOWLEDGMENT
STATE OF TEXAS §
§
COUNTY OF DENTON §
This instrument was acknowledged before me on the day of , 2024, by
Richard Boyer, Mayor of the City of The Colony, Texas, a Texas home-rule municipality, on
behalf of said municipality.
Notary Public, State of Texas
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Page 6 of 6
LESSEE:
MARINE QUEST - HIDDEN COVE, L.P.,
a Texas limited partnership
By: Marina Quest, Inc. its General Partner
B y :
Name:
Title:
Date Signed:
LESSEE’S ACKNOWLEDGMENT
STATE OF TEXAS §
§
C O U N T Y O F §
This instrument was acknowledged before me on the day of , 2024, by
, the of Marina Quest, Inc., being the General Partner of
Marine Quest – Hidden Cove, L.P., a limited partnership, for and on behalf of said limited
partnership.
Notary Public, State of Texas
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CITY OF THE COLONY, TEXAS
RESOLUTION NO. 2024 - __________
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF THE
COLONY, TEXAS, AUTHORIZING THE MAYOR TO EXECUTE A
FIFTH AMENDMENT TO THE MARINE QUEST GROUNDLEASE,
REAL PROPERTY, AND PERSONAL PROPERTY LEASE AGREEMENT
BY AND BETWEEN THE CITY OF THE COLONY AND MARINE QUEST
- HIDDEN COVE, L.P.; PROVIDING FOR AN EXTENSION OF THE
LEASE TERM; AND AUTHORIZING THE MAYOR TO EXECUTE A
RELATED CONSENT TO SUB-SUBLEASE AGREEMENT; 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, has duly reviewed
and considered the Fifth Amendment to the Marine Quest Groundlease, Real Property, and Personal
Property Lease Agreement by and between the City of The Colony, Texas, and Marine Quest -Hidden
Cove, L.P., which is attached hereto as Exhibit A, for the purpose of extending the term of said lease.
SECTION 2.That this Fifth Amendment, which is attached hereto as Exhibit A, is found
to be acceptable and in the best interest of the City and its citizens, and the Mayor is hereby authorized
to execute the Fifth Amendment on behalf of the City of The Colony, Texas, with the terms and
conditions as stated therein.
SECTION 3.That the City Council of the City of The Colony, Texas, has duly reviewed
Consent to Sub-Sublease Agreement, which is attached hereto as Exhibit B, is found to be acceptable
and in the best interest of the City and its citizens, and the Mayor is hereby authorized to execute said
Consent to Sub-Sublease Agreement, and any and all related documents.
SECTION 4. This Resolution 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 THE 19TH DAY OF MARCH, 2024.
Richard Boyer, Mayor
City of The Colony, Texas
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Page 2
ATTEST:
Tina Stewart, TRMC, CMC, City Secretary
APPROVED AS TO FORM:
Jeffrey L. Moore, City Attorney
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Page 3
Exhibit A
[Fifth Amendment]
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Page 4
Exhibit B
[Consent to Sub-Sublease Agreement]
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Agenda Item No:4.3
CITY COUNCIL Agenda Item Report
Meeting Date: March 19, 2024
Submitted by: Tina Stewart
Submitting Department: Economic Development
Item Type: Resolution
Agenda Section:
Subject:
Consider approving a resolution authorizing The Colony Economic Development Corporation, a tax exempt
entity, to have tax exempt plates and not have the inscription information on the vehicle. (Samford)
Suggested Action:
The Economic Development Department and/or the City Fleet Manager can apply for the tax exempt license
plate.
Attachments:
Res. 2024-xxx EDC Exempt License Plates.docx
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CITY OF THE COLONY, TEXAS
RESOLUTION NO. 2024 - ______
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF THE
COLONY, TEXAS, AUTHORIZING THE COLONY ECONOMIC
DEVELOPMENT CORPORATION, A TEXAS NON-PROFIT
CORPORATION, AND A TAX EXEMPT ENTITY AS PROVIDED BY
LAW, TO APPLY FOR AND RECEIVE TAX EXEMPT TEXAS LICENSE
PLATES AND NOT HAVE THE INSCRIPTION INFORMATION ON THE
VEHICLE; PROVIDING THE CITY’S ECONOMIC DEVELOPMENT
DEPARTMENT AND/OR CITY FLEET MANAGER TO TAKE ANY AND
ALL ACTIONS NECESSARY RELATED THERETO; AND PROVIDING
FOR AN IMMEDIATE EFFECTIVE DATE.
WHEREAS,the City Council of the City of The Colony, Texas, finds and determines it is in
the best interest of the City of The Colony, Texas, to opt-out of the settlement of said cases.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF THE COLONY, TEXAS, THAT:
SECTION 1.That the foregoing recitals are hereby found to be true and correct legislative
findings of the City of The Colony, Texas, and are fully incorporated into the body of this
Resolution.
SECTION 2.That the City Council of the City of The Colony, Texas, does hereby
approve and authorize The Colony Economic Development Corporation, a Texas non-profit
corporation, and a tax exempt entity as provided by law, to apply for and receive tax exempt Texas
license plates and not have the inscription information on said vehicle.
SECTION 3.That the City Council of the City of The Colony, Texas, does hereby
approve and authorize the City’s Economic Development Department and/or City Fleet Manager
to take any and all actions necessary related thereto.
SECTION 4. This Resolution shall become effective immediately 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 19
TH DAY OF MARCH, 2024.
Richard Boyer, Mayor
The Colony, Texas
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Page 2
ATTEST:
Tina Stewart, TRMC, CMC, City Secretary
APPROVED AS TO FORM:
Jeffrey L. Moore, City Attorney
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Agenda Item No:4.4
CITY COUNCIL Agenda Item Report
Meeting Date: March 19, 2024
Submitted by: Chris Cuellar
Submitting Department: Information Technology
Item Type: Resolution
Agenda Section:
Subject:
Consider approving a resolution authorizing the City Manager to issue a purchase order to Dell Technologies in
the amount of $52,189.87 for the purchase of 61 replacement PCs for staff using budgeted funds. (Cuellar)
Suggested Action:
Attachments:
PC Replacement Background.docx
Dell PC Replacement Quote.pdf
Res. 2024-xxx Dell Technologies Replacement Pcs.docx
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Background:
This is a budgeted item included in FY23/24 budget.
Staff PCs are replaced on average every 5 years.
PC replacements have been a recurring annual purchase for the past 8 years.
As part of a planning process, PCs are replaced to ensure that staff have the latest
technology, enhancing their efficiency in daily tasks.
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Your quote is ready for purchase.
Complete the purchase of your personalized quote through our secure online checkout before
the quote expires on Apr. 06, 2024.
You can download a copy of this quote during checkout.
Place your order
Quote No.3000173348923.1
Total $52,189.87
Customer #1826849
Quoted On Mar. 07, 2024
Expires by Apr. 06, 2024
Contract Name
Texas Department of
Information Resources (TX
DIR)
Contract Code C000000006841
Customer Agreement #TX DIR-TSO-3763
Deal ID 27039266
Sales Rep Catherine Rogers
Phone (800) 456-3355, 6180790
Email Catherine_Rogers@Dell.com
Billing To ACCOUNTS PAYABLE
CITY OF THE COLONY
6800 MAIN ST
THE COLONY, TX 75056-1133
Message from your Sales Rep
Please use the Order button to securely place the order with your preferred payment method online. You may contact
your Dell sales team if you have any questions. Thank you for shopping with Dell.
Regards,
Catherine Rogers
Shipping Group
Shipping To
ACCOUNTS RECEIVABLE
CITY OF THE COLONY
6800 MAIN ST
THE COLONY, TX 75056-1133
(972) 625-1756
Shipping Method
Standard Delivery
Product Unit Price Quantity Subtotal
Dell Thunderbolt 4 Dock- WD22TB4 $223.12 5 $1,115.60
Dell Latitude 3440 $1,009.37 6 $6,056.22
OptiPlex Small Form Factor (7010)$818.51 55 $45,018.05
Page 1
Dell Marketing LP. U.S. only. Dell Marketing LP. is located at One Dell Way, Mail Stop 8129, Round Rock, TX 78682
37
Subtotal:
Shipping:
Environmental Fee:
Non-Taxable Amount:
Taxable Amount:
Estimated Tax:
Total:
$52,189.87
$0.00
$0.00
$52,189.87
$0.00
$0.00
$52,189.87
License Subtotal for Commitment Term: $0.00
*Excludes Taxes
Page 2
Dell Marketing LP. U.S. only. Dell Marketing LP. is located at One Dell Way, Mail Stop 8129, Round Rock, TX 78682
38
Shipping Group Details
Shipping To
ACCOUNTS RECEIVABLE
CITY OF THE COLONY
6800 MAIN ST
THE COLONY, TX 75056-1133
(972) 625-1756
Shipping Method
Standard Delivery
Unit Price Quantity Subtotal
Dell Thunderbolt 4 Dock- WD22TB4
Estimated delivery if purchased today:
Mar. 13, 2024
Contract # C000000006841
Customer Agreement # TX DIR-TSO-3763
$223.12 5 $1,115.60
Description SKU Unit Price Quantity Subtotal
BASE,DS,WD22TB4 US 180W 210-BDQH -5 -
Advanced Exchange Service, 3 Years 872-8550 -5 -
Dell Limited Hardware Warranty 872-8557 -5 -
Unit Price Quantity Subtotal
Dell Latitude 3440
Estimated delivery if purchased today:
Mar. 28, 2024
Contract # C000000006841
Customer Agreement # TX DIR-TSO-3763
$1,009.37 6 $6,056.22
Description SKU Unit Price Quantity Subtotal
Dell Latitude 3440, XCTO 210-BGDM -6 -
13th Gen Intel Core i7-1355U (12 MB cache, 10 cores, up to 5.00
GHz Turbo)379-BFBM -6 -
Windows 11 Pro, English, Brazilian Portuguese PT-BR, French,
Spanish 619-ARSB -6 -
Integrated Intel(R) Iris(R) Xe or UHD Graphics for i7-1355U Processor 338-CHMI -6 -
16 GB, 2 x 8 GB, DDR4, 3200 MT/s 370-AHMT -6 -
512 GB, M.2 2230, PCIe NVMe, SSD, Class 35 400-BOSU -6 -
14", FHD 1920x1080, 60Hz, WVA/IPS, Non-Touch, Anti-Glare, 250
nit, NTSC 45%, FHD Camera, WLAN 391-BHJC -6 -
English US backlit keyboard, 79-key 583-BHCH -6 -
Intel(R) Wi-Fi 6E (6 if 6E unavailable) AX211, 2x2, 802.11ax,
Bluetooth Wireless Card 555-BHHU -6 -
65W AC rugged adapter, USB Type-C, TCO Gen9 compliant 492-BDIF -6 -
Intel Rapid Storage Technology Driver 409-BCWT -6 -
Palmrest, No Fingerprint Reader, No SIM slot 346-BJCB -6 -
E4 Power Cord 1M for US 450-AMEI -6 -
Quick Start Guide for 3440 340-DFBH -6 -
Custom Configuration 817-BBBB -6 -
3-cell, 42 Wh, ExpressCharge™ Capable, ExpressCharge™ Boost
Capable 451-BDBQ -6 -
Latitude 3440 Bottom Door, Integrated graphics 321-BJLT -6 -
EPEAT 2018 Registered (Gold)379-BDZB -6 -
Mix Model Packaging 65W Type-C Adapter 340-DHGW -6 -
Page 3
Dell Marketing LP. U.S. only. Dell Marketing LP. is located at One Dell Way, Mail Stop 8129, Round Rock, TX 78682
39
Dell Additional Software 658-BFQB -6 -
No Microsoft Office License Included - 30 day Trial Offer Only 658-BCSB -6 -
CrowdStrike Endpoint Protection Enterprise w Essential Support 1yr 634-CCLH -6 -
ENERGY STAR Qualified 387-BBLW -6 -
FHD Camera, Temporal Noise Reduction, No ExpressSign-In,
Camera Shutter, Mic 319-BBIW -6 -
Intel AX201/AX211 WLAN Driver 555-BJDV -6 -
Intel vPro Management Disabled 631-BBBB -6 -
Dell Limited Hardware Warranty 997-6727 -6 -
Onsite/In-Home Service After Remote Diagnosis, 1 Year 997-6735 -6 -
Unit Price Quantity Subtotal
OptiPlex Small Form Factor (7010)
Estimated delivery if purchased today:
Mar. 25, 2024
Contract # C000000006841
Customer Agreement # TX DIR-TSO-3763
$818.51 55 $45,018.05
Description SKU Unit Price Quantity Subtotal
OptiPlex Small Form Factor (7010)210-BFXG -55 -
13th Gen Intel Core i5-13400 (6+4 Cores/20MB/16T/2.5GHz to
4.6GHz/65W)338-CHBL -55 -
Windows 11 Pro, English, Brazilian Portuguese PT-BR, French,
Spanish 619-ARSB -55 -
No Microsoft Office License Included - 30 day Trial Offer Only 658-BCSB -55 -
CrowdStrike Endpoint Protection Enterprise w Essential Support 1yr 634-CCLH -55 -
16GB (2x8GB) DDR4 Non-ECC Memory 370-AGFS -55 -
M.2 2280 512GB PCIe NVMe Class 40 Solid State Drive 400-BOQF -55 -
M.2 22x30 Thermal Pad 412-AAQT -55 -
M2X3.5 Screw for SSD/DDPE 773-BBBC -55 -
Intel Integrated Graphics 490-BBFG -55 -
OptiPlex SFF with 180W Bronze Power Supply 329-BHPU -55 -
System Power Cord (Philipine/TH/US)450-AAOJ -55 -
DVD+/-RW Bezel 325-BDSG -55 -
8x DVD+/-RW 9.5mm Slimline Optical Disk Drive 429-ABFH -55 -
CMS Essentials DVD no Media 658-BBTV -55 -
External Antenna 555-BHDW -55 -
Realtek 8821CE Wi-Fi 5 1x1 802.11ac 555-BHGZ -55 -
Wireless Driver, Realtek 8821CE Wi-Fi 6 2x2 (80MHz)555-BIJO -55 -
No Additional Video Ports 492-BCKH -55 -
Dell Pro Wireless Keyboard and Mouse - KM5221W - English - Black 580-AJJG -55 -
Mouse included with Keyboard 570-AADI -55 -
No Cover Selected 325-BCZQ -55 -
Dell Additional Software 658-BFPY -55 -
ENERGY STAR Qualified 387-BBLW -55 -
Dell Watchdog Timer 379-BEZG -55 -
Quick Start Guide, OptiPlex Small Form 340-DDFL -55 -
Page 4
Dell Marketing LP. U.S. only. Dell Marketing LP. is located at One Dell Way, Mail Stop 8129, Round Rock, TX 78682
40
Trusted Platform Module (Discrete TPM Enabled)329-BBJL -55 -
Shipping Material 340-CQYR -55 -
Shipping Label 389-BBUU -55 -
Regulatory Label for OptiPlex SFF 180W, FSJ 389-FBFX -55 -
No Hard Drive Bracket, Dell OptiPlex 575-BBKX -55 -
SW Driver, Intel Rapid Storage Technology, OptiPlex Small Form 658-BFQF -55 -
Intel Core i5 Processor Label 340-CUEW -55 -
Desktop BTO Standard shipment 800-BBIO -55 -
Chassis Intrusion Switch 461-AAJL -55 -
No Additional Add In Cards 382-BBHX -55 -
Internal Speaker 520-AARD -55 -
Intel Standard Manageability 631-ADPG -55 -
Custom Configuration 817-BBBB -55 -
EPEAT 2018 Registered (Silver)379-BDTO -55 -
Dell Limited Hardware Warranty Plus Service 803-8583 -55 -
Onsite Service After Remote Diagnosis 3 Years 803-8590 -55 -
No Accidental Damage Selected 981-4619 -55 -
Subtotal:
Shipping:
Environmental Fee:
Estimated Tax:
Total:
$52,189.87
$0.00
$0.00
$0.00
$52,189.87
Page 5
Dell Marketing LP. U.S. only. Dell Marketing LP. is located at One Dell Way, Mail Stop 8129, Round Rock, TX 78682
41
Important Notes
Terms of Sale
This Quote will, if Customer issues a purchase order for the quoted items that is accepted by Supplier, constitute a contract between the
entity issuing this Quote (“Supplier”) and the entity to whom this Quote was issued (“Customer”). Unless otherwise stated herein, pricing is
valid for thirty days from the date of this Quote. All product, pricing and other information is based on the latest information available and is
subject to change. Supplier reserves the right to cancel this Quote and Customer purchase orders arising from pricing errors. Taxes and/or
freight charges listed on this Quote are only estimates. The final amounts shall be stated on the relevant invoice. Additional freight charges
will be applied if Customer requests expedited shipping. Please indicate any tax exemption status on your purchase order and send your tax
exemption certificate to Tax_Department@dell.com or ARSalesTax@emc.com, as applicable.
Governing Terms: This Quote is subject to: (a) a separate written agreement between Customer or Customer’s affiliate and Supplier or a
Supplier´s affiliate to the extent that it expressly applies to the products and/or services in this Quote or, to the extent there is no such
agreement, to the applicable set of Dell’s Terms of Sale (available at www.dell.com/terms or www.dell.com/oemterms), or for cloud/as-a-
Service offerings, the applicable cloud terms of service (identified on the Offer Specific Terms referenced below); and (b) the terms
referenced herein (collectively, the “Governing Terms”). Different Governing Terms may apply to different products and services on this
Quote. The Governing Terms apply to the exclusion of all terms and conditions incorporated in or referred to in any documentation submitted
by Customer to Supplier.
Supplier Software Licenses and Services Descriptions: Customer’s use of any Supplier software is subject to the license terms
accompanying the software, or in the absence of accompanying terms, the applicable terms posted on www.Dell.com/eula. Descriptions and
terms for Supplier-branded standard services are stated at www.dell.com/servicecontracts/global or for certain infrastructure products at
www.dellemc.com/en-us/customer-services/product-warranty-and-service-descriptions.htm.
Offer-Specific, Third Party and Program Specific Terms: Customer’s use of third-party software is subject to the license terms that
accompany the software. Certain Supplier-branded and third-party products and services listed on this Quote are subject to additional,
specific terms stated on www.dell.com/offeringspecificterms (“Offer Specific Terms”).
In case of Resale only: Should Customer procure any products or services for resale, whether on standalone basis or as part of a solution,
Customer shall include the applicable software license terms, services terms, and/or offer-specific terms in a written agreement with the end-
user and provide written evidence of doing so upon receipt of request from Supplier.
In case of Financing only: If Customer intends to enter into a financing arrangement (“Financing Agreement”) for the products and/or
services on this Quote with Dell Financial Services LLC or other funding source pre-approved by Supplier (“FS”), Customer may issue its
purchase order to Supplier or to FS. If issued to FS, Supplier will fulfill and invoice FS upon confirmation that: (a) FS intends to enter into a
Financing Agreement with Customer for this order; and (b) FS agrees to procure these items from Supplier. Notwithstanding the Financing
Agreement, Customer’s use (and Customer’s resale of and the end-user’s use) of these items in the order is subject to the applicable
governing agreement between Customer and Supplier, except that title shall transfer from Supplier to FS instead of to Customer. If FS
notifies Supplier after shipment that Customer is no longer pursuing a Financing Agreement for these items, or if Customer fails to enter into
such Financing Agreement within 120 days after shipment by Supplier, Customer shall promptly pay the Supplier invoice amounts directly to
Supplier.
Customer represents that this transaction does not involve: (a) use of U.S. Government funds; (b) use by or resale to the U.S. Government;
or (c) maintenance and support of the product(s) listed in this document within classified spaces. Customer further represents that this
transaction does not require Supplier’s compliance with any statute, regulation or information technology standard applicable to a U.S.
Government procurement.
For certain products shipped to end users in California, a State Environmental Fee will be applied to Customer’s invoice. Supplier
encourages customers to dispose of electronic equipment properly.
Electronically linked terms and descriptions are available in hard copy upon request.
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Dell Marketing LP. U.S. only. Dell Marketing LP. is located at One Dell Way, Mail Stop 8129, Round Rock, TX 78682
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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 DELL TECHNOLOGIES FOR THE PURCHASE OF 61
REPLACEMENT PCS FOR STAFF USING BUDGETED FUNDS; 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 issue a purchase order in the amount of $52,189.87 to Dell Technologies
for the purchase of 61 replacement PCs for staff using budgeted funds.
Section 2. That the City Manager 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 19TH DAY OF MARCH 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
43
Agenda Item No:4.5
CITY COUNCIL Agenda Item Report
Meeting Date: March 19, 2024
Submitted by: Jackie Kopsa
Submitting Department: Parks & Recreation
Item Type: Ordinance
Agenda Section:
Subject:
Consider approving an ordinance authorizing the City Manager to execute the sale of certain parkland generally
located at 4526 W. Lake Highlands Drive and all actions related thereto. (Kopsa)
Suggested Action:
Attachments:
Council Memo - Sale of Parkland.docx
Ord. 2024-xxxx Sale of Parkland.docx
44
City of The Colony
Memo
To:Mayor and Council
From:Jackie Kopsa, Parks & Recreation
CC:Brant Shallenburger, Deputy City Manager
Troy Powell, City Manager
Date:March 11, 2024
Re:Sale of Parkland
Purpose
To approve an ordinance authorizing the sale of the property located at 4526 W. Lake Highlands
Drive, formerly known as “West Lake Highlands Park.”
Background
In November 2023 voters approved a proposition to allow the sale of three parcels of property
located on W. Lake Highlands Drive. One of these parcels is a previously decommissioned
park with playground, and the other two are the location of the former park maintenance
operations facility. The playground equipment previously located in the park was removed
many years ago, once it failed to adhere to safety regulations. A new playground, located
within the same neighborhood, has recently been completed. The maintenance area is no
longer occupied and is now a storage location for equipment and items that do not have space
in other facilities. Multiple departments have been using the location and are working to find
alternate facilities for their materials.
Recommendation
This ordinance is to approve only the sale of the property located at 4526 W. Lake Highlands.
The other parcels are still being used for storage purposes. The intent of the first sale is to
generate a source of revenue that can be used to make improvements to a storage area
located at BB Owen Park for the relocation of equipment and items that currently reside at the
maintenance facility on W. Lake Highlands. Once the remaining items have been removed, a
second ordinance will be brought to Council to authorize the sale of the remaining two parcels.
Thank you for your consideration of this request.
45
CITY OF THE COLONY, TEXAS
ORDINANCE NO. 2024 - _________
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF THE
COLONY, TEXAS, AUTHORIZING THE SALE OF CERTAIN
PARKLAND GENERALLY LOCATED AT 4526 W. LAKE HIGHLANDS
DRIVE, THE COLONY, DENTON COUNTY, TEXAS; AUTHORIZING
THE CITY MANAGER TO EXECUTE THE SALE OF SAID PARKLAND;
REQUIRING THE PROCEEDS FROM SAID SALE OF PARKLAND TO
BE USED TO ACQUIRE OR IMPROVE OTHER PUBLIC PARKS;
PROVIDING A SEVERABILITY CLAUSE; PROVIDING A REPEALER
CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Section 253.001 of the Texas Local Government Code, as amended,
authorizes the City of The Colony, Texas, to sell land owned, held, or claimed as a public park
provided the issue of the sale is submitted to the qualified voters of the City of The Colony, Texas,
at an election called and held for that purpose; and
WHEREAS,on Tuesday, November 7, 2023, the qualified voters of the City of The
Colony, Texas, considered the following ballot proposition: “Shall the City of The Colony, Texas
sell 0.1434-acres of parkland generally located at 4526 W. Lake Highlands Drive, The Colony,
Texas, and more particularly described as Block 7, Lot 39 of the Garza Lake Estates Addition, an
addition to the City of The Colony, Denton County, Texas?” (the “Parkland”); and
WHEREAS, on November 7, 2023, the qualified voters of the City of The Colony, Texas,
approved the sale of said Parkland; and
WHEREAS,Section 253.001(d) of the Texas Local Government Code, as amended,
provides that the proceeds from the sale of Parkland may only be used to acquire and improve
other public parks; and
WHEREAS,Section 253.001(c) of the Texas Local Government Code, as amended,
authorizes the City Council of the City of The Colony, Texas, to adopt an ordinance directing the
City Manager to execute the conveyance to effect the sale of said Parkland.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF THE COLONY, TEXAS:
Section 1.FINDINGS INCORPORATED
The findings set forth above are incorporated into the body of this Ordinance as if fully set forth
herein.
46
Section 2. That the City Council of the City of The Colony, Texas, authorizes and directs the
City Manager to offer for sale by public notice and bids, consistent with Chapter 272 of the Texas
Local Government Code, or through a broker consistent with Section 253.014 of the Texas Local
Government Code the sale of the Parkland. If offered for sale through Chapter 272 of the Texas
Local Government Code said public notice must include a description of the land, including its
location, and the procedure by which sealed bids to purchase the land may be submitted. Further,
the notice must be published on two (2) separate dates and the sale may not be made until after the
fourteenth (14th) day after the date of the second publication.
Section 3.That the City Council of the City of The Colony, Texas, authorizes the City
Manager to have the Parkland appraised, if necessary.
Section 4. That the City Council of the City of The Colony, Texas, authorizes and directs the
City Manager to execute all documents necessary for the conveyance of said Parkland in
accordance with Section 253.001(c) of the Texas Local Government Code.
Section 5.That the City Council of the City of The Colony, Texas, directs the proceeds from
the sale of said Parkland be used consistent with Section 253.001(d) of the Texas Local
Government Code, as amended.
Section 6.SEVERABILITY CLAUSE
It is hereby declared to be the intention of the City Council 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 7.REPEALER CLAUSE
Any provision of any prior ordinance of the City whether codified or uncodified, which are in
conflict with any provision of the 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 8.EFFECTIVE DATE
This Ordinance shall become effective immediately upon its passage and publication as required
by law.
47
PASSED, APPROVED AND ADOPTED by the City Council of the City of The Colony,
Texas, on this the day of , 2024.
APPROVED:
____________________________________
Richard Boyer, Mayor
City of The Colony, Texas
ATTEST:
____________________________________
Tina Stewart, TRMC, CMC, City Secretary
APPROVED AS TO FORM:
____________________________________
Jeffrey L. Moore, City Attorney
48
Agenda Item No:4.6
CITY COUNCIL Agenda Item Report
Meeting Date: March 19, 2024
Submitted by: Kimberly Thompson
Submitting Department: Public Works/Water Distribution
Item Type: Resolution
Agenda Section:
Subject:
Consider approving a resolution authorizing the City Manager to issue a purchase order to Heil of Texas for a
street sweeper in the amount of $375,862.00. (Whitt/Gray)
Suggested Action:
Attachments:
Council Memo - Heil (002).docx
tymco.pdf
elgin.pdf
Heil.pdf
Res. 2024-xxx Street Sweeper Purchase.docx
49
City of The Colony
Memo
To:Mayor and Council
From:Gene Gray, S&D Assistant Manager/Project Manager
CC:James Whitt, Director of Public Works
Troy Powell, City Manager
Date:March 13, 2024
Re:Street sweeper
Purpose
To consider a resolution authorizing the purchase of a street sweeper from Heil of Texas, in the
amount of $375,862.00. This request is to be funded by a combination of pre-approved funds from the
Water Production budget and Utility Fund Balance.
The street sweeping process effectively removes debris before it can be washed into storm drains,
safeguarding the quality of our lakes and rivers. Additionally, street sweeping plays a significant role in
improving air quality by reducing dust and particulate matter.
Background
Our current street sweeper is 9 years old. It’s no longer able to be used in a routine operation capacity.
Our current street sweeper was purchased for $214,732.00 and since then has cost roughly
$92,000.00 in parts, not including labor. A majority of this expense was in replacement and care of the
rear engine. With all the down time this past year we managed to only reach 112 hours of sweeping.
Our typical street sweeping hours are between 700-900 annually.
Additional information from:
Heil of Texas
Shane Johnson
With the single engine design and the elimination of the second engine, we have also eliminated the
following:
50
2
1. Oil, oil filter and air filter maintenance.
2. Engine cooling maintenance, including radiator, water pump and other associated cooling system
parts.
3. Possibility of dusting an engine and costly engine repairs.
The improvements have led the Schwarze A7 Tornado to further solidify the position as the industry
leader when it comes to technology and performance in the regenerative air street sweeper market.
The power and features provided by the street sweeper gives the operator better control and visibility
of the operation of the street sweeper as well as improved production capabilities.
Bid Totals
Heil of Texas Tymco Elgin
$375,862.00 $362,585.00 $344,000.00
Recommendation
Our recommendation is to approve this expenditure to replace the current dilapidated street sweeper.
Staff is recommending purchase from Heil of Texas. Heil is $31,862.00 over the lowest bid but staff is
recommending the purchase of the Heil street sweeper because of a few reasons. First one being the
single engine design. From the three leading companies only two have a single engine design that
being Elgin and Schwarz. From those two we then chose Schwarze for availability and familiarity.
Elgin wouldn’t be able to deliver a street sweeper until 2025. Schwarze has one in production currently
that can be delivered before June of 2024. Furthermore, Schwarze A7 tornado is the same model we
currently have and are familiar with when it comes to operation and maintenance.
Funding for this purchase will come from two accounts in the amounts of
1. Account 211-666-6470-2283 in the amount of $210,000.00
2. Fund 200 fund balance $165,862.00
Thank you for your consideration of this request.
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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 HEIL OF TEXAS FOR A STREET SWEEPER; 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 issue a purchase order in the amount of $375,862.00 to Heil of Texas for
a Street Sweeper.
Section 2. That the City Manager 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 19TH DAY OF MARCH 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
63
Agenda Item No:4.7
CITY COUNCIL Agenda Item Report
Meeting Date: March 19, 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
64
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
65
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.”
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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 MARCH, 2024.
Richard Boyer, Mayor
ATTEST:
Tina Stewart, TRMC, CMC City Secretary
APPROVED AS TO FORM:
Jeff Moore, City Attorney
67
Page 3 of 19
Exhibit A
[International Building Code Local Amendments]
68
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;
69
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:
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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
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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]
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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.
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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.
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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:
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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
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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.
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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 of the 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.
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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
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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:
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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:
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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:
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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.
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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.
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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.”
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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 MARCH, 2024.
Richard Boyer, Mayor
ATTEST:
Tina Stewart, TRMC, CMC City Secretary
APPROVED AS TO FORM:
Jeff Moore, City Attorney
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Exhibit A
[International Energy Conservation Code Local Amendments]
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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.
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**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.
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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
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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.
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(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
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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
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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.”
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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 MARCH, 2024.
Richard Boyer, Mayor
ATTEST:
Tina Stewart, TRMC, CMC City Secretary
APPROVED AS TO FORM:
Jeff Moore, City Attorney
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Exhibit A
[International Existing Building Code Local Amendments]
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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.
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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
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(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
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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.
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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.”
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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 MARCH, 2024.
Richard Boyer, Mayor
ATTEST:
Tina Stewart, TRMC, CMC City Secretary
APPROVED AS TO FORM:
Jeff Moore, City Attorney
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Exhibit A
[International Fuel Gas Code Local Amendments]
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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.)
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**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
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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
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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
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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 MARCH, 2024.
Richard Boyer, Mayor
ATTEST:
Tina Stewart, TRMC, CMC City Secretary
APPROVED AS TO FORM:
Jeff Moore, City Attorney
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Exhibit A
[International Mechanical Code Local Amendments]
109
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.
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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.”
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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 MARCH, 2024.
Richard Boyer, Mayor
ATTEST:
Tina Stewart, TRMC, CMC City Secretary
APPROVED AS TO FORM:
Jeff Moore, City Attorney
112
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Exhibit A
[International Plumbing Code Local Amendments]
113
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.
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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.
115
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.”
116
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 MARCH, 2024.
Richard Boyer, Mayor
ATTEST:
Tina Stewart, TRMC, CMC City Secretary
APPROVED AS TO FORM:
Jeff Moore, City Attorney
117
Page 3 of 16
Exhibit A
[International Residential Code Local Amendments]
118
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
119
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
120
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
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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.
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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.
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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,
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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.
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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
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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
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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.
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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.
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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.
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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.
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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.”
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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 MARCH, 2024.
Richard Boyer, Mayor
ATTEST:
Tina Stewart, TRMC, CMC City Secretary
APPROVED AS TO FORM:
Jeff Moore, City Attorney
133
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Exhibit A
[International Swimming Pool and Spa Code Local Amendments]
134
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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:
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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).
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**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)
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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.
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(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
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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
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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.”
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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 MARCH, 2024.
Richard Boyer, Mayor
ATTEST:
Tina Stewart, TRMC, CMC City Secretary
APPROVED AS TO FORM:
Jeff Moore, City Attorney
142
Page 3 of 8
Exhibit A
[National Electrical Code Local Amendments]
143
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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.
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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).
)
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***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.
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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)
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(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
148
Agenda Item No:5.1
CITY COUNCIL Agenda Item Report
Meeting Date: March 19, 2024
Submitted by: Kimberly Thompson
Submitting Department: Public Works/Water Distribution
Item Type: Resolution
Agenda Section:
Subject:
Discuss and consider approving a resolution authorizing the City Manager to issue a purchase order to CI
Pavement in the amount of $975,000.00 for the construction of concrete sidewalks, streets, curb and gutter
repairs. (Whitt)
Suggested Action:
Attachments:
CI Pavement_210205_JOC CONTRACT from TIPS.pdf
2740_001.pdf
Res. 2024-xxx CI Pavement.docx
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TIPSVENDORAGREEMENT
(JOC)
Betweenand
(CompanyName)
THEINTERLOCALPURCHASINGSYSTEM(TIPS),
aDepartmentofTexasEducationServiceCenterRegion8for
TIPSRCSP210205Trades,Labor,andMaterials
GeneralInformation
TheVendorAgreement(“Agreement”)made and enteredintobyandbetweenTheInterlocalPurchasingSystem
(hereinafterreferredtoas“TIPS”respectfully)agovernment cooperativepurchasingprogramauthorized by the Region
8EducationServiceCenter,havingitsprincipalplace ofbusinessat4845US Hwy271North,Pittsburg,Texas75686.This
Agreementconsistsoftheprovisionssetforthbelow,includingprovisionsofallAttachmentsreferencedherein.Inthe
eventofaconflictbetweentheprovisionssetforthbelowandthosecontainedinanyAttachment,theprovisionsset
forthshallcontrol.
TheVendorAgreementshallincludeandincorporatebyreferencethisAgreement,thetermsandconditions,special
terms andconditions,anyagreeduponamendments,aswellasallofthesectionsofthesolicitationasposted,including
anyaddendaandtheawardedvendor’sproposal.Oncesigned,ifanawardedvendor’sproposalvariesoris unclearin
anywayfromthe TIPSAgreement,TIPS,atitssolediscretion,willdecidewhichprovision willprevail.Otherdocuments
tobeincludedarethe awardedvendor’sproposals,taskorders,purchaseordersandanyadjustments which havebeen
issued.IfdeviationsaresubmittedtoTIPSbytheproposingvendorasprovidedbyandwithinthesolicitationprocess,
thisAgreementmaybeamendedtoincorporateanyagreeddeviations.
Thefollowing pages willconstitutethe Agreementbetweenthe successfulvendors(s)andTIPS.Biddersshallstate,ina
separatewriting,and include withtheirproposalresponse,anyrequired exceptionsordeviationsfromtheseterms,
conditions,andspecifications.IfagreedtobyTIPS,theywillbeincorporatedintothefinalAgreement.
APurchaseOrder,AgreementorContractistheTIPSMember’sapprovalprovidingtheauthority toproceedwith
the negotiateddeliveryorderundertheAgreement.Specialtermsandconditionsasagreedtobetweenthe
vendorandTIPSMembershouldbeaddedasaddendatothePurchaseOrder,AgreementorContract.Itemssuch
ascertificateofinsurance,bondingrequirements,smallordisadvantagedbusinessgoalsaresomeoftheaddenda
possible.
CI Pavement
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TermsandConditions
Conflictswith RSMeansUnitPriceBook
Ifthetermsof thesolicitationreferencedRSMeansUnitPriceBookoccur,theRSMeansBookshallcontrolifit
determinesthelegalityofthesolicitationawardasitrelatestotherequisiteMeansUnitPriceBook.
Freight
Allquotestomembersshallprovidealineitemforcostforfreightorshippingregardlessifthereisachargeornot.
Ifnochargefor freightorshipping,indicatebystating“NoCharge”or“$0”orothersimilarindication.Otherwise,
allshipping,freightordeliverychangesshallbepassedthroughtotheTIPSMemberatcostwithnomarkupand
saidchargesshallbeagreedbytheTIPSMemberunlessalternativeshippingtermsareagreedbyTIPSasaresult
oftheproposalaward.
WarrantyConditions
Allnewsuppliesequipmentandservicesshallincludemanufacturer'sminimumstandardwarrantyunless
otherwiseagreedtoinwriting.Vendorshallbelegallypermittedtosell,oranauthorizeddealer,distributoror
manufacturerforallproductsofferedforsaletoTIPSMembers.Allequipmentproposedshallbenewunlessclearly
statedinwriting.
CustomerSupport
TheVendorshallprovidetimelyandaccuratecustomersupportfororderstoTIPSMembersasagreedbythe
Parties.Vendorsshallrespondtosuchrequestswithinacommerciallyreasonabletimeafterreceiptofthe
request.Ifsupportand/ortrainingisalineitemsoldorpackagedwithasale,supportshallbe asagreedwiththe
TIPSMember.
Agreements
Agreementsforpurchasewillnormallybeputintoeffectbymeansofacontract,agreementor purchaseorder(s)
executedbyauthorizedagentsoftheparticipatinggovernmententities.
DavisBaconAct
DavisBaconActrequirementswillbemetwhenFederalFundsareusedforconstructionand/orrepairofbuildings
orasotherwiserequiredbyapplicablestatuteorregulation.
OtherWageRates
OtherwageratesmayberequiredbysomeTIPSMembersandacceptanceofaprojectbytheVendormayrequire
theVendorto comply with the TIPS Member’srequiredwagerate.
Taxexemptstatus
MostTIPSMembersaretaxexemptandtherelatedlawsofthejurisdictionofthe TIPSMembershallapply.
AssignmentsofAgreements
NoassignmentofAgreementmaybemadewithoutthepriorwrittenapprovalofTIPS.Paymentfordelivered
goodsandservicescanonlybemadetotheawardedVendor,Vendordesignatedresellerorvendorassigned
company.
Disclosures
• VendorandTIPSaffirmthathe/she,oranyauthorizedemployeesoragents,hasnotgiven,offeredto
give,norintendstogiveatanytimehereafteranyeconomicopportunity,futureemployment,gift,loan,
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gratuity,specialdiscount,trip,favororservicetoapublicservantin connectionwiththisAgreement.
• Vendorshallattach,inwriting,acompletedescriptionofanyandallrelationshipsthatmightbe
consideredaconflictofinterestindoingbusinesswiththeTIPSprogram.
• TheVendoraffirmsthat,tothebestofhis/herknowledge,theofferhasbeenarrivedatindependently,
andissubmittedwithoutcollusionwithanyonetoobtaininformationorgainanyfavoritismthatwould
inanywaylimitcompetitionorgiveanunfairadvantageoverothervendorsintheawardofthis
Agreement.
TermofAgreementandRenewals
TheAgreementwithTIPSisforapproximatelytwo(2)yearswithanoptionforrenewalextensionforan
additionalthree(3)consecutiveone(1)yearterms.Thethree(3)consecutiveone(1)yeartermsshallrenew
automaticallyannually,unlesseitherofthepartiesnotifiestheotherofitsobjectiontoa(1)yearrenewal.TIPS
reservestherighttoobjecttoandrefuseanyoralloftheadditionalthree(3)consecutiveone(1)yearrenewal
terms.
“StartDate”forTermCalculationPurposesOnly:Regardlessofactualaward/effectivedateofContract,for
Agreement“term”calculationpurposesonly,theAgreement“startdate”isthelastdayofthemonththatAward
NotificationsareanticipatedaspublishedintheSolicitation.
Example:IftheanticipatedawarddatepublishedintheSolicitationisAugust27,butextendednegotiationsdelay
awarduntilSeptember24,theenddateoftheresultinginitial“two year”termAgreement, (whichissubjectto
anextension(s))willstillbeAugust31,2022.
“TerminationDate”:ThescheduledAgreement“terminationdate”shallbethelastdayofthemonthofthe
monthoftheOriginalSolicitation’sAnticipatedAwardDateplustwoyears.
Example:Iftheoriginaltermisapproximatelytwoyears,andthesolicitationprovidesananticipatedawarddate
ofAugust27,2020,theexpirationdateoftheoriginaltwo yeartermshallbeAugust31,2022.
Extensions:Anyextensionsoftheoriginaltermshallbeginonthenextdayafterthedaytheoriginalterm
expires.
ExampleFollowingthePreviousExample:IfTIPSoffersaoneyearextension,theexpirationoftheextendedterm
shallbeAugust31,2023.
TIPSmayoffertoextendVendorAgreementstothefullestextenttheoriginalSolicitationpermits.
TotaltermofAgreementcanbeuptothenumberofyearsprovidedinthesolicitationoraslimitedbystatute.
AutomaticRenewalClausesIncorporatedinAwardedVendorAgreementswithTIPSMembersResultingfrom
theSolicitationandwiththeVendorNamedinthisAgreement.
NoAgreementforgoodsorserviceswithaTIPSMemberbytheawardedvendornamedinthisAgreementthat
resultsfromthesolicitationawardnamedinthisAgreement,mayincorporateanautomaticrenewal clausethat
exceedsmonthtomonthtermswithwhichtheTIPSMembermustcomply.Allrenewaltermsincorporatedinan
AgreementbythevendorwiththeTIPSMembershallonlybevalidandenforceablewhenthevendorreceives
writtenconfirmationbypurchaseorder,executedAgreementorotherwritteninstructionissuedbytheTIPS
Memberforanyrenewalperiod.ThepurposeofthisclauseistoavoidaTIPSMemberinadvertentlyrenewingan
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AgreementduringaperiodinwhichthegoverningbodyoftheTIPSMemberhasnotproperlyappropriatedand
budgetedthefundstosatisfytheAgreementrenewal.ThistermisnotnegotiableandanyAgreementbetweena
TIPSMemberandaTIPSawardedvendorwithanautomaticrenewalclausethatconflictswiththesetermsis
renderedvoidandunenforceable.
Shipments
TheVendorshallship,deliverorprovideorderedproductsorserviceswithinacommerciallyreasonabletimeafter
thereceiptoftheorderfromtheTIPSMember.Ifadelayinsaiddeliveryisanticipated,theVendorshallnotify
TIPSMemberastowhydeliveryisdelayedandshallprovideanestimatedtimeforcompletionoftheorder.TIPS
ortherequestingentitymaycanceltheorderifestimateddeliverytimeisnotacceptableornotasagreedbythe
parties.
Invoices
TheawardedVendorshallsubmitinvoicesorpaymentrequeststotheTIPSMemberparticipatingentityclearly
stating“PerTIPSAgreement#xxxxxxx.”EachinvoiceorpayrequestshallincludetheTIPSMember’spurchase
ordernumberorotheridentifyingdesignationasprovidedintheorderorcontractbytheTIPSMember.If
applicable,theshipmenttrackingnumberorpertinentinformationforverificationofTIPSMemberreceiptshallbe
madeavailableuponrequest.
Pricing
Priceincreaseswillbehonoredaccordingtothetermsofthe solicitation.However,theVendorshallhonor
previouspricesforthirty(30)daysafterwrittennotificationtoTIPSofanincrease,exceptanypricechangesrelated
tothe,thencurrent,RSMeansUnitPriceBookisvalid.PriceofaspecificJobOrderContractproposaltoaTIPS
Membershallnotchangewithin60daysofdateofproposalasaresultofanupdatedRSMeansUnitPriceBook
unlessagreedbytheTIPSMember.AllpricingsubmittedtoTIPSshallincludetheparticipationfee,asprovidedin
thesolicitation,toberemittedtoTIPSbytheVendor. Vendorwillnotshowaddingthefeetotheinvoicepresented
tocustomer.FailuretorendertheparticipationfeetoTIPSshallconstituteabreachofthisagreementandshall
begroundsforterminationofthisagreementandanyotheragreementheldwithTIPS.
ParticipationFeesandReportingofSalestoTIPSbyVendor
TheParticipationFeethatwaspublishedaspartoftheSolicitationandthefeepublishedisthelegallyeffectivefee,
alongwithanyfeeconditionsstatedintheSolicitation.CollectionofthefeesbyTIPSis requiredunderTexas
GovernmentCode§791.011Etseq.FeesaredueonallTIPSpurchasesreportedbyeitherVendororMember.Fees
areduetoTIPSuponpaymentbytheMembertotheVendor,ResellerorVendorAssignedDealer.Vendor,Reseller
orVendorAssignedDealeragreesthattheparticipationfeeisduetoTIPSforallAgreementsalesimmediatelyupon
receiptofpaymentincludingpartialpayment,fromtheMemberEntityandmustbepaidtoTIPSatleastonamonthly
basis,specificallywithin31calendardaysofreceiptofpayment,ifnotmorefrequently,orasotherwiseagreedby
TIPSinwritingandsignedbyanauthorizedsignatoryofTIPS.Thus,whenanawardedVendor,ResellerorVendor
AssignedDealerreceivesanyamountofpayment,evenpartialpayment,foraTIPSsale,thelegallyeffectivefeefor
thatamount isimmediatelyduetoTIPSfromtheVendorandfeesduetoTIPSshouldbepaidatleastonamonthly
basis,specificallywithin31calendardaysofreceiptofpayment,ifnotmorefrequently.
ReportingofSalestoTIPSbyVendor
VendorisrequiredtoreportallsalesundertheTIPScontracttoTIPS.Whenapublicentityinitiatesapurchase
withaTIPSAwardedVendor,iftheMemberinquiresverballyorinwritingwhethertheVendorholdsaTIPS
Contract,itisthedutyoftheVendortoverifywhetherornottheMemberisseekingaTIPSpurchase.Once
verified,theVendormustincludetheTIPSContractnumberonanycommunicationsandrelatedsalesdocuments
exchangedwiththeTIPSMemberentity.Toreportsales,theVendormustlogintotheTIPSVendorPortalonline
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athttps://www.tipsusa.com/vendors_form.cfmandclickonthePO’sandPaymentstab.Pages37oftheVendor
PortalUserGuidewillwalkyouthroughtheprocessofreportingsalestoTIPS.PleaserefertotheTIPSAccounting
FAQ’sformoreinformationaboutreportingsalesandifyouhavefurtherquestions,contacttheAccountingTeam
ataccounting@tipsusa.com.TheVendororvendorassigneddealersareresponsibleforkeepingrecordofall
salesthatgothroughtheTIPSAgreementandsubmittingsametoTIPS.Failuretorendertheparticipationfeeto
TIPSshallconstituteabreachofthisagreementwithourparentgovernmentalentity,TexasEducationService
CenterRegion8,asestablishedbytheTexaslegislatureandshallbegroundsforterminationofthisagreement
andanyotheragreementheldwithTIPSandpossiblelegalaction.AnyoverpaymentofparticipationfeestoTIPS
byaVendorwillberefundedtotheVendorwithinninety(90)daysofreceiptofnotificationifTIPSreceives
writtennotificationoftheoverpaymentnotlaterthantheexpirationofsix(6)monthsfromthedateof
overpaymentandTIPSdeterminesthattheamountwasnotlegallyduetoTIPSpursuanttothisagreementand
applicablelaw.ItistheVendor’sresponsibilitytoidentifywhichsalesareTIPSAgreementsalesandpaythe
correctparticipationfeedueforTIPSAgreementsales.AnynotificationofoverpaymentreceivedbyTIPSafter
theexpirationofsix(6)monthsfromthedateofoverpaymentwillbenonrefundable.Region8ESCandTIPS
reservetherighttoextendthesix(6)monthdeadlinetonotifyifapprovedbytheRegion8ESCBoardofDirectors.
TIPSreservesallrightsunderthelawtocollectthefeesdue.PleasecontactTIPSattips@tipsusa.comorcall
(866)8398477ifyouhavequestionsaboutpayingfees.
Indemnity
TheVendoragreestoindemnifyandholdharmlessanddefendTIPS,TIPSMember(s),officersandemployeesfrom
andagainstallclaimsandsuitsbythirdpartiesfordamages,injuriestopersons(includingdeath),property
damages,losses,andexpensesincludingcourtcostsandreasonableattorney’sfees,arisingoutof,orresulting
from,Vendor’sworkunderthisAgreement,includingallsuchcausesofactionbaseduponcommon,constitutional,
orstatutorylaw,orbasedinwholeorinpart,uponallegationsofnegligentorintentionalactsonthepartofthe
Vendor,itsofficers,employees,agents,subcontractors,licensees,orinvitees.Partiesfoundliableshallpaytheir
proportionateshareofdamagesasagreedbythepartiesorasorderedbyacourtofcompetentjurisdictionover
thecase.NOLIMITATIONOFLIABILITYFORDAMAGESFORPERSONALINJURYORPROPERTYDAMAGEARE
PERMITTEDORAGREEDBYTIPS/ESCREGION8.PerTexasEducationCode§44.032(f),reasonableAttorney’sfees
arerecoverableby theprevailingpartyinanydisputeresultinginlitigation.
StateofTexasFranchiseTax
Bysignaturehereon,thebidderherebycertifiesthathe/sheisnotcurrentlydelinquentinthepaymentofany
franchisetaxesowedtheStateofTexasunderChapter171,TaxCode.
Miscellaneous
TheVendoracknowledgesandagreesthatcontinuedparticipationinTIPSissubjecttoTIPSsolediscretionandthat
anyVendormayberemovedfromtheparticipationintheProgramatanytimewithorwithoutcause.Nothingin
theAgreementorinanyothercommunicationbetweenTIPSandtheVendormaybeconstruedasaguaranteethat
TIPSorTIPSMemberswillsubmitanyordersatanytime.TIPSreservestherighttorequestadditionalproposalsfor
itemsorservicesalreadyonAgreementatanytime.
PurchaseOrderPricing/ProductDeviation
Ifadeviationofpricing/productonapurchaseorderorcontractmodificationoccurs,TIPSistobenotifiedwithin
five(5)businessdaysofreceiptofchangeorder.
TerminationforConvenienceofTIPSAgreementOnly
TIPSreservestherighttoterminatethisagreementforcauseornocauseforconveniencewithathirty(30)days
priorwrittennotice.TerminationforconvenienceisconditionallyrequiredunderFederalRegulations2CFRpart
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200ifthecustomerisusingfederalfunds fortheprocurement.AllpurchaseorderspresentedtotheVendor,but
notfulfilledbytheVendor,byaTIPSMemberpriortotheactualterminationofthisagreementshallbehonored
attheoptionoftheTIPSMember.TheawardedVendormayterminatetheagreementwithninety(90)daysprior
writtennoticetoTIPS4845USHwyNorth,Pittsburg,Texas75686.Thevendorwillbepaidforgoodsandservices
deliveredpriortotheterminationprovidedthatthegoodsandservicesweredeliveredinaccordancewiththe
termsandconditionsoftheterminatedagreement.Thisterminationclausedoesnotaffectthesalesagreements
executedbytheVendorandtheTIPSMembercustomerpursuanttothisagreement.TIPSMembersmay
negotiateaterminationforconvenienceclausethatmeetstheneedsofthetransactionbasedonapplicable
factors,suchasfundingsourcesorotherneeds.
TIPSMemberPurchasingProcedures
Usually,purchaseordersortheirequalareissuedbyparticipatingTIPSMembertotheawardedvendorand
shouldindicateontheorderthatthepurchaseispertheapplicableTIPSAgreementNumber.Ordersaretypically
emailedtoTIPSattipspo@tipsusa.com.
•AwardedVendordeliversgoods/servicesdirectlytotheparticipatingmember.
•AwardedVendorinvoicestheparticipatingTIPSMemberdirectly.
•AwardedVendorreceivespaymentdirectlyfromtheparticipatingmember.
•FeesareduetoTIPSuponpaymentbytheMembertotheVendor.Vendoragreestopaytheparticipation
feetoTIPSforallAgreementsalesuponreceiptofpaymentincludingpartialpayment,fromtheMember
EntityorasotherwiseagreedbyTIPSinwritingandsignedbyanauthorizedsignatoryofTIPS.
FormofAgreementandReporting
IfavendorsubmittinganofferrequiresTIPSand/orTIPSMembertosignanadditionalagreement,acopyofthe
proposedagreementmustbeincludedwiththeproposaltotheTIPSMember.TIPSdoesnotrequireareviewa
TIPSMember’sJobOrdercontractTYPEAIAorothersimilarContractprovidedbytheTIPSMember.Thisclause
doesnotrelievetheVendorfromtheresponsibilitytoreportthecontractexecutionandtheamountofthe
contractandanychangeorders.
Licenses
AwardedVendorshallmaintain,incurrentstatus,allfederal,stateandlocallicenses,bondsandpermitsrequired
fortheoperationofthebusinessconductedbyawardedVendor.AwardedVendorshallremainreasonablyfully
informedofandincompliancewithallordinancesandregulationspertainingtothelawfulprovisionofgoodsor
servicesundertheAgreement.TIPSandTIPSMembersreservestherighttostopworkand/orcancelanorderor
terminatethisoranyothersalesAgreementofanyawardedVendorwhoselicense(s)requiredforperformance
underthisAgreementhaveexpired,lapsed,aresuspendedorterminatedsubjecttoa30daycureperiodunless
prohibitedbyapplicablestatueorregulation.
Novation
IfawardedVendorsellsortransfersallassets,rightsortheentireportionoftheassetsorrightsrequiredto
performthisAgreement,asuccessorininterestmustguaranteetoperformallobligationsunderthisAgreement.
AsimplechangeofnameagreementwillnotchangetheAgreementobligationsofawardedvendor.TIPSwill
considerContractAssignmentsonacasebycasebasis.TIPSmustbenotifiedwithinfive(5)businessdaysofthe
transferofassetsorrights.
SiteRequirements(whenapplicabletoserviceorjob)
Cleanup:Awardedvendorshallcleanupandremovealldebrisandrubbishresultingfromtheirworkasrequired
ordirectedbyTIPSMember.Uponcompletionofwork,thepremisesshallbeleftingoodrepairandanorderly,
neat,cleanandunobstructedcondition.
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Preparation:AwardedvendorshallnotbeginaprojectforwhichTIPSMemberhasnot
preparedthesite,unlessawardedvendordoesthepreparationworkatnocost,oruntilTIPSMemberincludesthe
costofsitepreparationina purchaseorder.Sitepreparationincludes,butisnotlimitedto:movingfurniture,
installingwiringfornetworksorpower,andsimilarpreinstallationrequirements.
Registeredsexoffenderrestrictions:Forworktobeperformedatschools,awardedvendoragreesthatno
employeeofasubcontractorwhohasbeenadjudicatedtobearegisteredsexoffenderwillperformworkatany
timewhenstudentsareorreasonablyexpectedtobepresent.Awardedvendoragreesthataviolationofthis
conditionshallbeconsideredamaterialbreachandmayresultinthecancellationofthepurchaseorderattheTIPS
Member’sdiscretion.Awardedvendormustidentifyanyadditionalcostsassociatedwithcomplianceofthisterm.
Ifnocostsarespecified,compliancewiththistermwillbeprovidedatnoadditionalcharge.
Safetymeasures:Awardedvendorshalltakeallreasonableprecautionsforthesafetyofemployeesonthe
worksite,andshallerectandproperlymaintainallnecessarysafeguardsforprotectionofworkersandthepublic.
Awardedvendorshallpostwarningsignsagainstallhazardscreatedbytheoperationandworkinprogress.Proper
precautionsshallbetakenpursuanttostatelawandstandardpracticestoprotectworkers,generalpublicand
existingstructuresfrominjuryordamage.
Smoking
PersonsworkingunderAgreementshalladheretolocalsmokingpolicies.Smokingwillonlybepermittedinposted
areasoroffpremises.
Marketing
AwardedvendoragreestoallowTIPStousetheirnameandlogowithinwebsite,marketingmaterialsand
advertisementsubjecttoanyreasonablerestrictionsprovidedtoTIPSintheProposaltotheSolicitation.Anyuse
ofTIPSnameandlogooranyformofpublicity,inclusiveofpressrelease,regardingthisAgreementbyawarded
vendormusthavepriorapprovalfromTIPS.
Supplementalagreements
TheTIPSMemberentityparticipatingintheTIPSAgreementandawardedvendormayenterintoaseparate
supplementalagreementorcontracttofurtherdefinethelevelofservicerequirementsoverandabovethe
minimumdefinedinthisAgreementi.e.invoice
requirements,orderingrequirements,specializeddelivery,etc.Anysupplementalagreementorcontract
developedasaresultofthisAgreementisexclusivelybetweentheparticipatingentityandawardedvendor.TIPS,
itsagents,TIPSMembersandemployeesshallnotbemadepartytoanyclaimforbreachofsuchagreement.
SurvivalClause
Allapplicablesoftwarelicenseagreements,warranties,serviceagreementsoranysupplementalagreementthat
wereenteredintobetweenVendorandTIPSortheTIPSMemberCustomerunderthetermsandconditionsofthe
AgreementshallsurvivetheexpirationorterminationoftheAgreement.AllOrders,PurchaseOrdersissuedor
contractsexecutedbyTIPSoraTIPSMemberandacceptedbytheVendorpriortotheexpirationortermination
ofthisagreement,shallsurviveexpirationorterminationoftheAgreement,subjecttopreviouslyagreedterms
andconditionsagreedbythepartiesorasotherwisespecifiedhereinrelatingtoterminationofthisagreement.
Legalobligations
Itistherespondingvendor’sresponsibilitytobe awareofandcomplywithalllocal,stateandfederallaws
governingthesaleofproducts/servicesidentifiedinthisSolicitationandanyawardedAgreementthereof.
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Applicablelawsandregulationsmustbefollowedevenifnotspecificallyidentifiedherein.
Auditrights
DuetotransparencystatutesandpublicaccountabilityrequirementsofTIPSandT IPSMembers’,theawarded
Vendorshall,attheirsoleexpense,maintainappropriateduediligenceofallpurchasesmadebyTIPSMemberthat
utilizesthisAgreement.TIPSandRegion8ESCeachreservetherighttoaudittheaccountingof TIPSrelated
purchasesforaperiodofthree(3)yearsfromthetimesuchpurchasesaremade.Thisauditrightshallsurvive
terminationofthisAgreementforaperiodofone(1)yearfromtheeffectivedateoftermination.Inordertoensure
andconfirmcompliance withthisagreement,TIPSshallhaveauthoritytoconductrandomauditsofAwarded
Vendor’spricingthatisofferedtoTIPSMemberswith30days’noticeunlesstheauditisorderedbyaCourtOrder
orbyaGovernmentAgencywithauthoritytodosowithoutnotice.Notwithstandingtheforegoing,intheevent
thatTIPSismadeawareofanypricingbeingofferedtoeligibleentitiesthatismateriallyinconsistentwiththe
pricingunderthisagreement,TIPSshallhavetheabilitytoconducttheauditinternallyormayengageathirdparty
auditingfirmtoinvestigateanypossiblenoncomplyingconductormayterminatetheAgreementaccordingto
thetermsofthisAgreement.Intheeventofanaudit,therequestedmaterialsshallbereasonablyprovidedinthe
formatandatthelocationdesignatedbyRegion8
ESCorTIPS.
ForceMajeure
IfbyreasonofForceMajeure,eitherpartyheretoshallberenderedunablewhollyorinparttocarryoutits
obligationsunderthisAgreementthensuchpartyshallgivenoticeandfullyparticularsofForceMajeureinwriting
totheotherpartywithinareasonabletimeafteroccurrenceoftheeventorcausereliedupon,andthe obligation
of thepartygivingsuchnotice,sofarasitisaffectedbysuchForceMajeure,shallbesuspendedduringthe
continuanceoftheinabilitythenclaimed,exceptashereinafterprovided,butfornolongerperiod,andsuchparty
shallendeavortoremoveorovercomesuchinabilitywithallreasonabledispatch.
ChoiceofLaw
TheAgreementbetweentheVendorandTIPS/ESCRegion8andanyaddendaorotheradditionsresultingfrom
thisprocurementprocess,howeverdescribed,shallbegovernedby,construedandenforcedinaccordancewith
thelawsoftheStateofTexas,regardlessofanyconflictoflawsprinciples.
Venue,JurisdictionandServiceofProcess
AnyProceedingarisingoutoforrelatingtothisprocurementprocessoranycontractissuedbyTIPSresultingfrom
oranycontemplatedtransactionshallbebroughtinacourtofcompetentjurisdictioninCampCounty,Texasand
eachofthepartiesirrevocablysubmitstotheexclusivejurisdictionofsaidcourtinanysuchproceeding,waives
anyobjectionitmaynoworhereafterhavetovenueortoconvenienceofforum,agreesthatallclaimsinrespect
oftheProceedingshallbeheardanddeterminedonlyinanysuchcourt,andagreesnottobringanyproceeding
arisingoutoforrelatingtothisprocurementprocessoranycontractresultingfromoranycontemplated
transactioninanyothercourt.Thepartiesagreethateitherorbothofthemmayfileacopyofthisparagraphwith
anycourtaswrittenevidenceoftheknowing,voluntaryandfreelybargainedforagreementbetweentheparties
irrevocablytowaiveanyobjectionstovenueortoconvenienceofforum.Processinany Proceedingreferredto
inthefirstsentenceofthisSectionmaybeservedonanypartyanywhereintheworld.Venueforanydispute
resolutionprocess,otherthanlitigation,betweenTIPSandtheVendorshallbelocatedinCamporTitusCounty,
Texas.
Bonding
Proposermustprovideacurrentletter,issuedonorafterthedateonwhichthisSolicitationwasposted,from
theirSuretycompany(ies)thatspecifythebondingcapacityoftheproposer.Bondingsuretymustbeauthorized
157
TIPSVendorAgreementJOCVer.06162020_srPage9
todobusinessintheStateofTexasandbelistedontheDepartmentoftheTreasury'sListingofApprovedSureties
(DepartmentCircular570)Bondingcapabilitiesdocumentationmustbescannedanduploadedtothe“Response
Attachments”BONDINGsection.
ProfessionalEngineeringandArchitect’sServices
ProfessionalEngineeringandArchitect’sServicesarenotpermittedtobeprovidedunderthisAgreement.Texas
statutesprohibittheprocurementofProfessionalEngineeringandArchitect’sServicesthroughacooperative
agreement.
ScopeofServices
Thespecificscopeof workforeachjobshallbedeterminedinadvanceandinwritingbetweenTIPSMember,
Member’sdesignprofessionalsandVendor.ItispermittedfortheTIPSMembertoprovideageneralscope
description, buttheawardedvendorshouldprovideawrittenscopeofwork,andifapplicable,accordingto the
TIPSMember’sdesignProfessionalaspartoftheproposal.Oncethescopeofthejobisagreedto,theTIPSMember
willissueaPOand/oranAgreementorContractwiththeJobOrderContractProposalreferencedorasan
attachmentalongwithbondandanyotherspecialprovisionsagreedbytheTIPSMember.Ifspecialterms
andconditionsotherthanthosecoveredwithinthis solicitationandawardedAgreementsarerequired,theywill
beattachedtothePOand/oranAgreementorContractandshalltakeprecedenceoverthoseinthisbaseTIPS
VendorAgreement.
ProjectDeliveryOrderProcedures
TheTIPSMemberhavingapprovedandsignedaninterlocalagreement,orotherTIPSMembershipdocument,may
makearequestoftheawardedvendorunderthisAgreementwhentheTIPSMemberhasservicesthatneedtobe
undertaken.Notificationmayoccurviaphone,theweb,email,fax,orinperson.Uponnotificationofapending
request,theawardedvendorshallmakecontactwiththeTIPSMemberassoonaspossible,butmustmakecontact
withtheTIPSMemberwithintwoworkingdays.
SchedulingofProjects
Schedulingofprojects(ifapplicable)maybeaccomplishedwhentheTIPSMemberissuesaPurchaseOrder
and/oranAgreementorContractthatwillserveas“thenoticetoproceed”asagreedbytheVendorandtheTIPS
Member.Theperiodforthedeliveryorderwillincludethemobilization,materialspurchase,installationand
delivery,design,weather,andsitecleanupandinspection.Noadditionalclaimsmaybemadefordelaysasa
resultoftheseitems.Whenthetaskshavebeencompletedtheawardedvendorshallnotifytheclientandhave
theTIPSMemberoradesignatedrepresentativeoftheTIPSMemberinspecttheworkforacceptanceunderthe
scopeandtermsinthePurchaseOrderand/orAgreementorContract.TheTIPSMemberwillissueinwritingany
correctiveactionsthatarerequired.Uponcompletionoftheseitems,theTIPSMemberwillissueacompletion
noticeandfinalpaymentwillbeissuedperthecontractualrequirementsoftheprojectwiththeTIPSMember.
AnyConstructioncontractpreparedbytheTIPSMember’sLegalCounselmayalterthetermsofthissubsection,
“SchedulingofProjects”.
Bonding
Whenapplicable,anddependingonthelawsoftheTIPSmember’sjurisdiction,performanceandpaymentbonds
willberequiredonconstructionorlaborrequiredjobsandawardedcontractorwillmeettheTIPSmember’slocal
andstatepurchasingrequirements.InTexas,PerformanceBondsarerequiredwhentheprojectisvaluedat
greaterthan$100,000andPaymentBondsonjobsover$25,000.Awardedcontractorsmayneedtoprovide
additionalcapacityasjobsincrease.BondswillnotrequirethatafeebepaidtoTIPS.Theactualcostofthebond
willbeapassthroughtotheTIPSmemberandaddedtothepurchaseorder/contract.
158
TIPSVendorAgreementJOCVer.06162020_srPage10
SupportRequirements
IfthereisadisputebetweentheawardedvendorandTIPSMember,TIPSoritsrepresentativesmay assist,atTIPS
solediscretion,inconflictresolutionorthirdparty(mandatorymediation),ifrequestedbyeitherparty.TIPS,orits
representatives,reservestherighttoinspectanyprojectandaudittheawardedvendorsTIPSprojectfiles,
documentationandcorrespondence.
StatusofTIPSMembersasRelatedtoThisAgreement
TIPSMembersstandintheplaceofTIPSasrelatedtothisagreementandhavethesameaccesstotheproposal
informationandallrelateddocuments.TIPSMembershaveallthesamerights undertheawardedAgreementas
TIPS.
IncorporationofSolicitation
TheTIPSSolicitation,whetheraRequestforProposals,theRequestforCompetitiveSealedProposalsorRequest
forQualificationssolicitation,theVendor’sresponsetosameandallassociateddocumentsandformsmadepart
ofthesolicitationprocess,including anyaddenda,thatresultedintheexecutionofthisagreementarehereby
incorporatedbyreferenceintothisagreementasifcopiedverbatim.
SECTIONHEADERSORTITLES
THESECTONHEADERSORTITLESWITHINTHISDOCUMENTAREMERELYGUIDESFORCONVENIENCEANDARENOT
FORCLASSIFICATIONORLIMITINGOFTHERESPONSIBILITESOFTHEPARTIESTOTHISDOCUMENT.
Certifications.
If(a)Vendorisnotasoleproprietorship;(b)Vendorhasten(10)ormorefull timeemployees;and(c)this
Agreementhasavalueof$100,000ormore,thefollowingcertificationshallapply;otherwise,thiscertification
isnotrequired.PursuanttoChapter2270oftheTexasGovernmentCode,theVendorherebycertifiesand
verifiesthatneithertheVendor,noranyaffiliate,subsidiary,orparentcompanyoftheVendor,ifany(the
"VendorCompanies"),boycottsIsrael,andtheVendoragreesthattheVendorandVendorCompanieswillnot
boycottIsraelduringthetermofthisAgreement.ForpurposesofthisAgreement,theterm"boycott"shall
meanandincluderefusingtodealwith,terminatingbusinessactivitieswith,orotherwisetakinganyactionthat
isintendedtopenalize,inflicteconomicharmon,orlimitcommercialrelationswithIsrael,orwithapersonor
entitydoingbusinessinIsraelorinanIsraeli controlledterritory,butdoesnotincludeanactionmadefor
ordinarybusinesspurposes.
IcertifythatourcompanyisnotlistedonandwedonotdobusinesswithcompaniesthatareontheTexas
ComptrollerofPublicAccountslistofDesignatedForeignTerroristsOrganizationsperTexasGov'tCode
2270.0153foundathttps://comptroller.texas.gov/purchasing/docs/foreign terrorist.pdf
YoucertifythatpursuanttoTexasBusinessandCommerceCodeChapter272,asrevisedSeptember1,2017,any
constructioncontractoragreementasdefinedintheStatutewithaTIPS,EducationServiceCenterRegion8ora
TexasTIPSMembersubjecttotheStatuteshallincludeaChoiceofLawprovisionprovidingthatthisagreement
shallbesubjecttoandinterpretedbytheLawsoftheStateofTexaswithoutregardtoanyconflictoflawsprinciples
foranyactionshallbeinacourtofcompetentjurisdictioninTexasandanyarbitrationshallbeintheStateof
Texas.PursuanttotheTexasBusinessandCommerceCode,asamendedbythe85 thTexasLegislature,this
ConstructionAgreementforJobOrderContractservicesis,intheeventofadisputebetweentheparties,subject
tointerpretationaccordingtotheLawsofthestateofTexasonly,withoutregardtoanyconflictoflawsprinciples.
VenueforanyalternativedisputeresolutionprocedureorprocessshallbeinthestateofTexas.Ifthedisputeis
litigated,venueandjurisdictionshallbeinacourtofcompetentjurisdictioninthestateofTexas.
159
TIPSVendorAgreementJOCVer.06162020_srPage11
Pursuantto85thTexas LegislativeH.B.3270,asitappliestoTexasEducationCode§22.0834etseq,theVendor
shallcomplywithallrelevantsectionsrelatedtostudentcontact,backgroundchecks,fingerprintingandother
relatedrequirements.
ItistheintentofTIPStoawardtoreliable,highperformancevendorstosupplyproductsandservicesto
governmentandeducationalagencies.ItistheexperienceofTIPSthatthefollowingproceduresprovideTIPS,the
Vendor,andtheparticipatingagencythenecessarysupporttofacilitateamutuallybeneficialrelationship.The
specificprocedureswillbenegotiatedwiththesuccessfulvendor.
•Agreements:
AllvendorPurchaseOrdersand/or Agreements/ContractsmustbeemailedtoTIPSattipspo@tipsusa.com.Should
anagencysendanorderdirecttovendor,itisthevendor’sresponsibilityto forwardtheordertoTIPSattheemail
abovewithinthreebusinessdaysandconfirmitsreceiptwithTIPS.
•PromotionofAgreement:
ItisagreedthatVendorwillencouragealleligibleentitiestopurchasefromtheTIPSProgram.Encouragingentities
topurchasedirectlyfromtheVendor,bypassingtheTIPSAgreementwhentheMemberhasrequestedtheTIPS
agreementisaviolationofthetermsandconditionsofthisAgreementandwillresultinremovaloftheVendor
fromtheTIPSProgram.
160
Company Name
Address
City State Zip
Phone Fax
Email of AuthorizedRepresentative
Name of Authorized Representative
Title
Signature of Authorized Representative
Date
TIPS Authorized Representative Name
Title
TIPS Authorized Representative Signature
Approved by ESC Region 8
Date
Page 12 of 12
TIPS Vendor Agreement Signature Form
RCSP 210205 Trades, Labor, and Materials (JOC)
CI Pavement
101 Josephine Ln Grand Prairie, TX 75050
972-721-9796 972-721-1755
rob@cipavement.com
Rob Alderink
Vice-President
02 / 09 / 2021
ative Signature
4/22/2021
Meredith Barton
Chief Operating Officer
161
NOTICE TO MEMBERS REGARDING ATTRIBUTE RESPONSES
TIPS VENDORS RESPOND TO ATTRIBUTE QUESTIONS AS PART OF TIPS COMPETITIVE
SOLICITATION PROCESS. THE VENDOR’S RESPONSES TO ATTRIBUTE QUESTIONS
ARE INCLUDED HEREIN AS “SUPPLIER RESPONSE.” PLEASE BE ADVISED THAT
DEVIATIONS, IF ANY, IN VENDOR’S RESPONSE TO ATTRIBUTE QUESTIONS MAY NOT
REFLECT VENDOR’S FINAL ATTRIBUTE RESPONSE, WHICH IS SUBJECT TO
NEGOTIATIONS PRIOR TO AWARD. PLEASE CONTACT THE TIPS OFFICE AT 866-839-
8477 WITH QUESTIONS OR CONCERNS REGARDING VENDOR ATTRIBUTE RESPONSE
DEVIATIONS. PLEASE KEEP IN MIND THAT TIPS DOES NOT PROVIDE LEGAL
COUNSEL TO MEMBERS. TIPS RECOMMENDS THAT YOU CONSULT YOUR LEGAL
COUNSEL WHEN EXECUTING CONTRACTS WITH OR MAKING PURCHASES FROM
TIPS VENDORS.
162
210205 Addendum 2
CI Pavement
Supplier Response
Event Information
Number: 210205 Addendum 2
Title: Trades, Labor, and Materials (JOC)
Type: Request for Proposal
Issue Date: 2/4/2021
Deadline: 3/19/2021 03:00 PM (CT)
Notes: Dear potential TIPS Vendor, as you review the solicitation information,
you are probably looking for detailed job specifications and a scope of
work for which to submit a proposal. Because of the way TIPS and
most other purchasing cooperatives procure contracts, there is no
specific project to award. TIPS awards an IDIQ contract, where IDIQ is
DQDEEUHYLDWLRQRIWKHWHUP³,QGHILQLWH'HOLYHU\/,QGHILQLWH4XDQWLW\´7KLV
is a type of contract that provides for an indefinite quantity of supplies
or services during a fixed period of time or life of the awarded
agreement. This RCSP/solicitation was issued as a prospective
award for a pricing agreement to be used when a TIPS member entity
needs the goods or services offered under the agreement in the
different categories of solicitations.
Contact Information
Address: Region VIII Education Service Center
Page 1 of 28 pages Vendor: CI Pavement 210205 Addendum 2163
Highway 271 North
Pittsburg, TX 75686
Phone: +1 (866) 839-8477
Email: bids@tips-usa.com
Page 2 of 28 pages Vendor: CI Pavement 210205 Addendum 2164
CI Pavement Information
Address: 101 Josephine Ln
Grand Prairie, TX 75050
Phone: (972) 721-9796
Fax: (972) 721-1755
By submitting your response, you certify that you are authorized to represent and bind your company.
Rob Alderink Rob@cipavement.com
Signature Email
Submitted at 2/10/2021 10:02:43 AM
Supplier Note
Please let us know if something isn't clear or if we missed something in the requested documentation! We've
been a TIPS contract holder for many years and look forward to continuing on as such.
Requested Attachments
Vendor Agreement 210205_Vendor_Agreement_JOC (1).pdf
The vendor must download the Vendor Agreement from the attachment tab, fill in the requested information and
upload the completed agreement.
DO NOT UPLOAD encrypted or password protected files.
Agreement Signature Form 210205_Agreement_Signature_Form.pdf
If you have not taken exception or deviation to the agreement language in the solicitation attributes, download the
AGREEMENT SIGNATURE FORM from the "ATTACHMENTS" tab. This PDF document is a fillable form. Download the
document to your computer, fill in the requested company information, print the file, SIGN the form, SCAN the
completed and signed AGREEMENT SIGNATURE FORM, and upload here.
If you have taken exception to any of the agreement language and noted the exception in the deviations section of the
attributes for the agreement, complete the AGREEMENT SIGNATURE FORM, but DO NOT SIGN until those deviations
have been negotiated and resolved with TIPS management. Upload the unsigned form here, because this is a
required document.
OPTIONAL - JOC Pricing of Itemized List of RS Means Non-Prepriced Items No response
The Vendor may download the optional Pricing of Itemized List of RS Means Non-Prepriced Items form from the
attachment tab, fill in the requested information, and upload the completed spreadsheet. DO NOT UPLOAD encrypted
or password protected files.
Reference Form Reference_Form.xls
Valid Reference Email addresses are REQUIRED on the spreadsheet. The vendor must download the References
spreadsheet from the attachment tab, fill in the requested information and upload the completed spreadsheet. DO
NOT UPLOAD encrypted or password protected files.
Proposed Goods and Services Service Offering List.doc.docx
Please upload one or more documents or sheets describing your offerings, line cards, catalogs, links to offerings OR
list links to your offerings that illustrate the catalog of proposed lines of goods and or services you carry and offer
under this proposal. It does not have to be exhaustive but should, at a minimum tell us what you are offering. It could
be as simple as a sheet with your link to your online catalog of goods and services.
Warranty CI Warranty Letter.doc.docx
Warranty information (if applicable) must be scanned and uploaded. (PDF Format ONLY)
DO NOT UPLOAD encrypted or password protected files.
Page 3 of 28 pages Vendor: CI Pavement 210205 Addendum 2165
Supplementary CI Flyer.pdf
Supplementary information can be scanned and uploaded. (Company information, brochures, catalogs, etc.) (PDF
Format ONLY)
DO NOT UPLOAD encrypted or password protected files.
All Other Certificates No response
All Other Certificates (if applicable) must be scanned and uploaded. If vendor has more than one other certification
scan into one document. (PDF Format ONLY)
DO NOT UPLOAD encrypted or password protected files.
Logo and Other Company Marks CI-Pavement-Logo-No Cleaner.jpg
Please upload your company logo to be added to your individual profile page on the TIPS website. If any particular
specifications are required for use of your company logo, please upload that information under the "Logo and Other
&RPSDQ\0DUNVVHFWLRQXQGHUWKH³5HVSRQVH$WWDFKPHQW´WDE3UHIHUUHG/RJR)RUPDW 0[0SL[HO- .png, .eps,
.jpg preferred.
Conflict of Interest Form CIQ- ONLY REQUIRED IF A CONFLICT EXISTS PER THE
INSTRUCTIONS
No response
ONLY REQUIRED IF A CONFLICT EXISTS PER THE INSTRUCTIONS
Conflict of Interest Form for Vendors that are required to submit the form. The Conflict of Interest Form is included in
the Base documents or can be found at https://www.tips-usa.com/assets/documents/docs/CIQ.pdf.
Certification of Corporate Offerer - COMPLETE ONLY IF OFFERER IS A
CORPORATION
Corporate Offerer Form.jpg
COMPLETE AND UPLOAD FORM IN ATTACHMENTS SECTION ONLY IF OFFERER IS A CORPORATION
Disclosure of Lobbying Activities Standard Form LLL, “disclosure Form to Report
Lobbying,”
No response
If you answered "I HAVE Lobbied per above" to attribute #66, please download and complete and upload the Standard
)RUP///³GLVFORVXUH)RUPWR5HSRUW/REE\LQJ´LQWKH5HVSRQVHDWWDFKPHQWVVHFWLRQ
Confidentiality Claim Form 210205_CONFIDENTIALITY_CLAIM_FORM.pdf
REQUIRED CONFIDENTIALITY FORM. Complete the form according to your company requirements, make any
desired attachments and upload to the appropriate section under "Response Attachments" THIS FORM DETERMINES
HOW ESC8/TIPS RESPONDS TO LEGAL PUBLIC INFORMATION REQUESTS.
Bonding Capacity Letter from Surety/Insurance Company 2021-02-09 Bondability Letter.pdf
Attach the Bonding Capacity Letter from Surety/Insurance Company. If you do not have one available at time of
proposal, attached a letter stating it will be submitted when received to prove bonding capacity. No award can be
made until official bonding capacity letter is received by TIPS.
Current W-9 Tax Form 2020 W9 CI Pavement.PDF
You are required by TIPS to upload a current W-9 Internal Revenue Service (IRS) Tax Form for your entity. This form
will be utilized by TIPS to properly identify your entity. $GGLWLRQDOO\LIQRWGHVLJQDWHG³&RQILGHQWLDO´LQ\RXUSURSRVDO
response, this W-9 may be accessed by TIPS Members for the purpose of making TIPS purchases from you in the
event that you are awarded. If you wish to designate your required W-9 confidential, please do so according to the
terms of the Confidentiality Claim Form which is an attachment to this solicitation.
OPTIONAL Xactimate Pricing Form No response
The solicitation was amended to include an option to add an additional pricing method in addition to the required RS
Means pricing coefficients in attribute questions 37, 38 and 39. Proposers may add Xactimate pricing as an option by
completing the Attachment #7 in the ION Wave eBid system and uploading it.
Response Attachments
RS Means Form.jpg
RS Means Form
2021 CI Pavement COI Acord.pdf
COI
Page 4 of 28 pages Vendor: CI Pavement 210205 Addendum 2166
Bid Attributes
1 Yes - No
Disadvantaged/Minority/Women Business Enterprise - D/M/WBE (Required by some participating governmental
HQWLWLHV 9HQGRUFHUWLILHVWKDWWKHLUILUPLVD'/0/:%("9HQGRUPXVWXSORDGSURRIRIFHUWLILFDWLRQWRWKH´5HVSRQVH
$WWDFKPHQWV´'/0/:%(&(57,),&$7(6VHFWLRQ
No
2 Yes - No
Historically Underutilized Business - HUB (Required by some
participating governmental entities) Vendor certifies that
their firm is a HUB as defined by the State of Texas at https://comptroller.texas.gov/purchasing/vendor/hub/
or in a HUBZone as defined by the US Small Business Administration at
https://www.sba.gov/offices/headquarters/ohp
Proof of one or both may be submitted. 9HQGRUPXVWXSORDGSURRIRIFHUWLILFDWLRQWRWKH³5HVSRQVH$WWDFKPHQWV´
HUB CERTIFICATES section.
No
3 Yes - No
The Vendor can provide services and/or products to all 50 US States?
No
4 States Served:
If answer is NO to question #3, please list which states can be served. (Example: AR, OK, TX)
Texas, OK
5 Company and/or Product Description:
This information will appear on the TIPS website in the company profile section, if awarded a TIPS contract. (Limit
750 characters.)
CI Pavement is a full service pavement related services provider specializing in concrete & asphalt, striping, power
washing, crack sealing, seal coating and power sweeping. We are a family owned business that has been in
operation since 2006 supporting many of the local municipalities and ISDs.
6 Primary Contact Name
Primary Contact Name
Rob Alderink
7 Primary Contact Title
Primary Contact Title
Vice-President
8 Primary Contact Email
Primary Contact Email
rob@cipavement.com
Page 5 of 28 pages Vendor: CI Pavement 210205 Addendum 2167
9 Primary Contact Phone
Enter 10 digit phone number. (No dashes or extensions)
Example: 8668398477
9727219796
10 Primary Contact Fax
Enter 10 digit phone number. (No dashes or extensions)
Example: 8668398477
9727211755
11 Primary Contact Mobile
Enter 10 digit phone number. (No dashes or extensions)
Example: 8668398477
2142437521
12 Secondary Contact Name
Secondary Contact Name
Doug Alderink
13 Secondary Contact Title
Secondary Contact Title
Vice-President
14 Secondary Contact Email
Secondary Contact Email
doug@cipavement.com
15 Secondary Contact Phone
Enter 10 digit phone number. (No dashes or extensions)
Example: 8668398477
9727219796
16 Secondary Contact Fax
Enter 10 digit phone number. (No dashes or extensions)
Example: 8668398477
9727211755
17 Secondary Contact Mobile
Enter 10 digit phone number. (No dashes or extensions)
Example: 8668398477
No response
18 Admin Fee Contact Name
Admin Fee Contact Name. This person is responsible for paying the admin fee to TIPS.
Shelley McClendon
Page 6 of 28 pages Vendor: CI Pavement 210205 Addendum 2168
19 Admin Fee Contact Email
Admin Fee Contact Email
shelley@cipavement.com
20 Admin Fee Contact Phone
Enter 10 digit phone number. (No dashes or extensions)
Example: 8668398477
9727219796
21 Purchase Order Contact Name
Purchase Order Contact Name. This person is responsible for receiving Purchase Orders from TIPS.
Rob Alderink
22 Purchase Order Contact Email
Purchase Order Contact Email
rob@cipavement.com
23 Purchase Order Contact Phone
Enter 10 digit phone number. (No dashes or extensions)
Example: 8668398477
9727219796
24 Company Website
Company Website (Format - www.company.com)
www.cipavement.com
25 Federal ID Number
Federal ID Number also known as the Employer Identification Number (EIN). Numeric only. (Format: 123456789)
205924078
26 Primary Address
Primary Address
101 Josephine Ln
27 Primary Address City
Primary Address City
Grand Prairie
28 Primary Address State
Primary Address State (2 Digit Abbreviation)
TX
29 Primary Address Zip
Primary Address Zip
75050
Page 7 of 28 pages Vendor: CI Pavement 210205 Addendum 2169
30 Search Words:
Please list search words to be posted in the TIPS database about your company that TIPS website users might
search. Words may be product names, manufacturers, or other words associated with the category of award. YOU
MAY NOT LIST NON-CATEGORY ITEMS. (Limit 500 words) (Format: product, paper, construction, manufacturer
name, etc.)
Concrete, asphalt, striping, crack sealing, sealcoating, power washing, power sweeping.
31 Do you want TIPS Members to be able to spend Federal grant funds with you if awarded? Is it your
intent to be able to sell to our members regardless of the fund source, whether it be local, state or
federal?
Most of our members receive Federal Government grants and they make up a significant portion of their budgets.
The members need to know if your company is willing to sell to them when they spend federal budget funds on their
purchase. There are attributes that follow that are provisions from the federal regulations in 2 CFR part 200. Your
answers will determine if your award will be designated as Federal or Education Department General Administrative
Regulations (EDGAR)compliant.
Do you want TIPS Members to be able to spend Federal grant funds with you if awarded and is it your intent to be
able to sell to our members regardless of the fund source, whether it be local, state or federal?
Yes
32 Yes - No
Certification of Residency (Required by the State of Texas) The vendor's ultimate parent company or majority
owner:
(A) has its principal place of business in Texas;
OR
(B) employs at least 500 persons in Texas?
Yes
33 Company Residence (City)
Vendor's principal place of business is in the city of?
Grand Prairie
34 Company Residence (State)
Vendor's principal place of business is in the state of?
Texas
35 TIPS administration fee
By submitting a proposal, I agree that all pricing submitted to TIPS shall include the participation fee, as designated
in the solicitation or as otherwise agreed in writing and shall be remitted to TIPS by the Vendor as agreed in the
Vendor agreement. I agree that the fee shall not and will not be added by the vendor as a separate line item on a
TIPS member invoice, quote, proposal or any other written communications with the TIPS member.
Page 8 of 28 pages Vendor: CI Pavement 210205 Addendum 2170
36 Yes - No
Vendor agrees to remit to TIPS the required administration fee?
7,36/(6&5HJLRQLVUHTXLUHGE\7H[DV*RYHUQPHQW&RGH 1WREHFRPSHQVDWHGIRULWVZRUNDQGWKXVIDLOXUH
to agree shall render your response void and it will not be considered.
Yes
37 PRICING OF Regular Hours Coefficient
What is your regular hours coefficient for the RS Means Price Book?
Remember that this is a ceiling price proposed. You can discount lower than your proposed contract coefficient, but
not higher.
This is one of three pricing questions that are required for consideration for award on this solicitation. Please
consider your answer carefully. An explanation of the TIPS scoring of pricing is included in the attachments for your
information.
The below is an Example of how pricing model works (not intended to influence your proposed coefficient, you
should propose a coefficient that you determine is right for your business):
To propose the exact pricing as the RS Means Unit Price Book, you would insert a 1.0 and to propose a 5%
discount for the RS Means Price Book would be a .95 regular hours coefficient and so on.
1
38 PRICING OF After Hours Coefficient
What is your after hours coefficient for the RS Means Price Book for work performed after normal
working hours?
Remember that this is a ceiling price proposed. You can discount to any TIPS Member customer a lower coefficient
than your proposed contract coefficient, but not higher.
This is one of three pricing questions that are required for consideration for award on this solicitation. Please
consider your answer carefully. An explanation of the TIPS scoring of pricing titled "Pricing Coefficient Instruction" is
included in the attachments for your information.
The below is an EXAMPLE of how the pricing model works (It is not intended to influence your proposed coefficient,
you should propose a coefficient that you determine is reasonable for your business for the life of the contract):
The most common after hours coefficient is time and a half of the RS Means Unit Price Book prices. To illustrate this
coefficient, if your regular hours coefficient is .95, your after hours coefficient would be 1.45.
1.5
Page 9 of 28 pages Vendor: CI Pavement 210205 Addendum 2171
39 PRICING for Markup of Non-Prepriced Items in RS Means Unit Price Book
What is your proposed Markup Percentage on materials not found in the RS Means Price Book?
If any materials being utilized for a project cannot be found in the RS Means Price Book, this question is what is the
markup percentage on those materials?
When answering this question please insert the number that represents your percentage of proposed markup.
Example: if you are proposing a 30 percent markup, please insert the number "30".
Remember that this is a ceiling markup. You may markup a lesser percentage to the TIPS Member customer
when pricing the project, but not a greater percentage.
EXAMPLE: You need special materials that are not in the RS Means Unit Price Book for a project. You would buy
the materials and mark them up to the TIPS Member customer by the percentage you propose in this question. If
the materials cost you, the contractor, $100 and you proposed a markup on this question for the material of 30
percent, then you would charge the TIPS Member customer $130 for the materials.
1.3%
40 Yes - No
Do you offer additional discounts to TIPS members for large order quantities or large scope of work?
Yes
41 Years experience in this category of goods or services.
Company years experience in this category of goods or services?
17
42 Right of Refusal
Does the proposing vendor wish to reserve the right not to perform under the awarded agreement with a TIPS
member at vendor's discretion?
Yes
43 NON-COLLUSIVE BIDDING CERTIFICATE
By submission of this bid or proposal, the Bidder certifies that:
1) This bid or proposal has been independently arrived at without collusion with any other Bidder or with any
Competitor;
2) This bid or proposal has not been knowingly disclosed and will not be knowingly disclosed, prior to the opening of
bids, or proposals for this project, to any other Bidder, Competitor or potential competitor:
3) No attempt has been or will be made to induce any other person, partnership or corporation to submit or not to
submit a bid or proposal;
4) The person signing this bid or proposal certifies that he has fully informed himself regarding the accuracy of the
statements contained in this certification, and under the penalties being applicable to the Bidder as well as to the
person signing in its behalf.
Not a negotiable term. Failure to agree will render your proposal non-responsive and it will not be considered.
Page 10 of 28 pages Vendor: CI Pavement 210205 Addendum 2172
44 CONFLICT OF INTEREST QUESTIONNAIRE - FORM CIQ -Do you have any CONFLICT OF INTEREST
TO REPORT OR DISCLOSE under this statutory requirement?
Do you have any CONFLICT OF INTEREST TO REPORT OR DISCLOSE under this statutory requirement? YES or
NO
If you have a conflict of interest as described in this form or the Local Government Code Chapter 176, cited therein-
you are required to complete and file with TIPS.
The Form CIQ is one of the attachments to this solicitation.
There is an optional upload for this form provided if you have a conflict and must file the form
No
45 Filing of Form CIQ
If yes (above), have you filed a form CIQ by uploading the form to this RFP as directed above?
Yes
46 Regulatory Standing
I certify to TIPS for the proposal attached that my company is in good standing with all governmental agencies
Federal or state that regulate any part of our business operations. If not, please explain in the next attribute
question.
Yes
47 Regulatory Standing
Regulatory Standing explanation of no answer on previous question.
No response
48 Antitrust Certification Statements (Tex. Government Code § 2155.005)
By submission of this bid or proposal, the Bidder certifies that:
I affirm under penalty of perjury of the laws of the State of Texas that:
(1) I am duly authorized to execute this contract on my own behalf or on behalf of the company, corporation, firm,
partnership or individual (Company) listed below;
(2) In connection with this bid, neither I nor any representative of the Company has violated any provision of the
Texas Free Enterprise and Antitrust Act, Tex. Bus. & Comm. Code Chapter 15;
(3) In connection with this bid, neither I nor any representative of the Company has violated any federal antitrust
law;
(4) Neither I nor any representative of the Company has directly or indirectly communicated any of the contents of
this bid to a competitor of the Company or any other company, corporation, firm, partnership or individual engaged
in the same line of business as the Company.
Page 11 of 28 pages Vendor: CI Pavement 210205 Addendum 2173
49 Suspension or Debarment Instructions
Instructions for Certification:
1. By answering yes to the next Attribute question below, the vendor and prospective lower tier participant is
providing the certification set out herein in accordance with these instructions.
2. The certification in this clause is a material representation of fact upon which reliance was placed when this
transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered
an erroneous certification in addition to other remedies available to the federal government, the department or
agency with which this transaction originated may pursue available remedies, including suspension and / or
debarment.
3. The prospective lower tier participant shall provide immediate written notice to the person to which this proposal
is submitted if at any time the prospective lower tier participant learns that its certification was erroneous when
submitted or has become erroneous by reason of changed circumstances.
47KHWHUPV³FRYHUHGWUDQVDFWLRQ´³GHEDUUHG´³VXVSHQGHG´³LQHOLJLEOH´³ORZHUWLHUFRYHUHGWUDQVDFWLRQ´
³SDUWLFLSDQWV´³SHUVRQ´³SULPDU\FRYHUHGWUDQVDFWLRQ´³SULQFLSDO´³SURSRVDO´DQG³YROXQWDULO\H[FOXGHG´DVXVHGLQ
this clause, have the meanings set out in the Definitions and Coverage sections of rules implementing Executive
Order 12549. You may contact the person to which this proposal is submitted for assistance in obtaining a copy of
those regulations.
5. The prospective lower tier participant agrees by submitting this form that, should the proposed covered
transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is
debarred, suspended, declared ineligible or voluntarily excluded from participation in this covered transaction,
unless authorized by the department or agency with which this transaction originated.
6. The prospective lower tier participant further agrees by submitting this form that it will include this clause titled
³&HUWLILFDWLRQ5HJDUGLQJ'HEDUPHQW6XVSHQVLRQ,QHOLJLELOLW\DQG9ROXQWDU\([FOXVLRQ/RZHU7LHU&RYHUHG
7UDQVDFWLRQ´ZLWKRXWPRGLILFDWLRQLQDOOORZHUWLHUFRYHUHGWUDQVDFWLRQVDQGLQDOOVROLFLWDWLRQVIRUORZHUWLHUFRYHUHG
transactions.
7. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier
covered transaction that it is not debarred, suspended, ineligible or voluntarily excluded from the covered
transaction, unless it knows that the certification is erroneous. A participant may decide the method and frequency
by which it determines the eligibility of its principals. Each participant may, but is not required to, check the
Nonprocurement List.
8. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to
render in good faith the certification required by this clause. The knowledge and information of a participant is not
required to exceed that which is normally possessed by a prudent person in the ordinary course of business
dealings.
9. Except for transactions authorized under paragraph 5 of these instructions, if a participant in a covered
transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred,
ineligible or voluntarily excluded from participation in this transaction, in addition to other remedies available to the
federal government, the department or agency with which this transaction originated may pursue available
remedies, including suspension and / or debarment.
Page 12 of 28 pages Vendor: CI Pavement 210205 Addendum 2174
50 Suspension or Debarment Certification
By answering yes, you certify that no federal suspension or debarment is in place, which would preclude receiving a
federally funded contract as described above.
'HEDUPHQWDQG6XVSHQVLRQ ([HFXWLYH2UGHUV124 DQG12 ²$FRQWUDFWDZDUG VHH2&)510220 PXVW
not be made to parties listed on the government-wide exclusions in the System for Award Management (SAM), in
accordance with the OMB guidelines at 2 CFR 180 that implement Executive
2UGHUV124 &)5SDUW1 &RPSS1 DQG12 &)5SDUW1 &RPSS2 ³'HEDUPHQWDQG
6XVSHQVLRQ´6$0([FOXVLRQVFRQWDLQVWKHQDPHVRISDUWLHVGHEDUUHGVXVSHQGHGRURWKHUZLVHH[FOXGHGE\
agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order
12549.
By answering yes, you certify that no federal suspension or debarment is in place, which would preclude receiving a
federally funded contract as described above.
Yes
51 Non-Discrimination Statement and Certification
In accordance with Federal civil rights law, all U.S. Departments, including the U.S. Department of Agriculture
(USDA) civil rights regulations and policies, the USDA, its Agencies, offices, and employees, and institutions
participating in or administering USDA programs are prohibited from discriminating based on race, color, national
origin, religion, sex, gender identity (including gender expression), sexual orientation, disability, age, marital status,
family/parental status, income derived from a public assistance program, political beliefs, or reprisal or retaliation for
prior civil rights activity, in any program or activity conducted or funded by USDA (not all bases apply to all
programs). Remedies and complaint filing deadlines vary by program or incident.
Persons with disabilities who require alternative means of communication for program information (e.g., Braille,
large print, audiotape, American Sign Language, etc.) should contact the responsible Agency or USDA's TARGET
Center at (202) 720-2600 (voice and TTY) or contact USDA through the Federal Relay Service at (800) 877-8339.
Additionally, program information may be made available in languages other than English.
To file a program discrimination complaint, complete the USDA Program Discrimination Complaint Form, AD-3027,
found online at How to File a Program Discrimination Complaint and at any USDA office or write a letter addressed
to USDA and provide in the letter all of the information requested in the form. To request a copy of the complaint
form, call (866) 632-9992. Submit your completed form or letter to USDA by: (1) mail: U.S. Department of
Agriculture, Office of the Assistant Secretary for Civil Rights, 1400 Independence Avenue, SW, Washington, D.C.
20250-9410; (2) fax: (202) 690-7442; or (3)
email: program.intake@usda.gov.
(Title VI of the Education Amendments of 1972; Section 504 of the Rehabilitation Act of 1973; the Age
Discrimination Act of 1975; Title 7 CFR Parts 15, 15a, and 15b; the Americans with Disabilities Act; and FNS
,QVWUXFWLRQ111&LYLO5LJKWV&RPSOLDQFHDQG(QIRUFHPHQW±1XWULWLRQ3URJUDPVDQG$FWLYLWLHV
All U.S. Departments, including the USDA are equal opportunity provider, employer, and lender.
Not a negotiable term. Failure to agree will render your proposal non-responsive and it will not be considered. I
certify that in the performance of a contract with TIPS or its members, that our company will conform to the
foregoing anti-discrimination statement and comply with the cited and all other applicable laws and regulations.
Yes
Page 13 of 28 pages Vendor: CI Pavement 210205 Addendum 2175
52 2 CFR PART 200 Contract Provisions Explanation
Required Federal contract provisions of Federal Regulations for Contracts for contracts with ESC Region 8 and
TIPS Members:
The following provisions are required to be in place and agreed if the procurement is funded in any part with federal
funds.
The ESC Region 8 and TIPS Members are the subgrantee or Subrecipient by definition. Most of the provisions are
ORFDWHGLQ2&)53$57200$SSHQGL[,,WR3DUW200²&RQWUDFW3URYLVLRQVIRU1RQ)HGHUDO(QWLW\&RQWUDFWV8QGHU
Federal Awards at 2 CFR PART 200. Others are included within 2 CFR part 200 et al.
In addition to other provisions required by the Federal agency or non-Federal entity, all contracts made by the non-
Federal entity under the Federal award must contain provisions covering the following, as applicable.
53 2 CFR PART 200 Contracts
Contracts for more than the simplified acquisition threshold currently set at $250,000, which is the inflation adjusted
amount determined by the Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council
(Councils) as authorized by 41 U.S.C. 1908, must address administrative, contractual, or legal remedies in
instances where contractors violate or breach contract terms, and provide for such sanctions and penalties as
appropriate.
Notice: Pursuant to the above, when federal funds are expended by ESC Region 8 and TIPS Members, ESC Region
8 and TIPS Members reserves all rights and privileges under the applicable laws and regulations with respect to this
procurement in the event of breach of contract by either party.
Does vendor agree?
Yes
54 2 CFR PART 200 Termination
Termination for cause and for convenience by the grantee or subgrantee including the manner by which it will be
effected and the basis for settlement. (All contracts in excess of $10,000)
Pursuant to the above, when federal funds are expended by ESC Region 8 and TIPS Members, ESC Region 8 and
TIPS Members reserves the right to terminate any agreement in excess
of $10,000 resulting from this procurement process for cause after giving the vendor an appropriate opportunity
and up to 30 days, to cure the causal breach of terms and conditions. ESC Region 8 and
TIPS Members reserves the right to terminate any agreement in excess of $10,000 resulting from this procurement
process for convenience with 30 days notice in writing to the awarded vendor. The vendor
would be compensated for work performed and goods procured as of the termination date if for convenience of the
ESC Region 8 and TIPS Members. Any award under this procurement process is not exclusive and the ESC Region
8 and TIPS reserves the right to purchase goods and services from other vendors when it is in the best interest of
the ESC Region 8 and TIPS.
Does vendor agree?
Yes
Page 14 of 28 pages Vendor: CI Pavement 210205 Addendum 2176
55 2 CFR PART 200 Clean Air Act
Clean Air Act (42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control Act (33 U.S.C. 1251-1387), as
DPHQGHG²&RQWUDFWVDQGVXEJUDQWVRIDPRXQWVLQH[FHVVRI20000PXVWFRQWDLQDSURYLVLRQWKDWUHTXLUHVWKH
non-Federal award to agree to comply with all applicable standards, orders or regulations issued pursuant to the
Clean Air Act (42 U.S.C. 7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251-
1387). Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental
Protection Agency (EPA).
Pursuant to the Clean Air Act, et al above, when federal funds are expended by ESC Region 8 and TIPS Members,
ESC Region 8 and TIPS Members requires that the proposer certify that during the term of
an award by the ESC Region 8 and TIPS Members resulting from this procurement process the vendor agrees to
comply with all of the above regulations, including all of the terms listed and referenced therein.
Does vendor agree?
Yes
56 2 CFR PART 200 Byrd Anti-Lobbying Amendment
%\UG$QWL/REE\LQJ$PHQGPHQW 186&12 ²&RQWUDFWRUVWKDWDSSO\RUELGIRUDQDZDUGH[FHHGLQJ100000
must file the required certification. Each tier certifies to the tier above that it will not and has not used Federal
appropriated funds to pay any person or organization for influencing or attempting to influence an officer or
employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of
Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352.
Each tier must also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any
Federal award. Such disclosures are forwarded from tier to tier up to the non-Federal award.
Pursuant to the above, when federal funds are expended by ESC Region 8 and TIPS Members, ESC Region 8 and
TIPS Members requires the proposer certify that during the term and during the life of any contract with ESC Region
8 and TIPS Members resulting from this procurement process the vendor certifies to the terms included or
referenced herein.
Does vendor agree?
Yes
57 2 CFR PART 200 Federal Rule
Compliance with all applicable standards, orders, or requirements issued under section 306 of the Clean Air Act (42
U.S.C. 1857(h)), section 508 of the Clean Water Act (33 U.S.C. 1368), Executive Order 11738, and Environmental
Protection Agency regulations (40 CFR part 15). (Contracts, subcontracts, and subgrants of amounts in excess of
$250,000)
Pursuant to the above, when federal funds are expended by ESC Region 8 and TIPS Members, ESC Region 8 and
TIPS Members requires the proposer certify that in performance of the contracts, subcontracts, and subgrants of
amounts in excess of $250,000, the vendor will be in compliance with all applicable standards, orders, or
requirements issued under section 306 of the Clean Air Act (42 U.S.C. 1857(h)), section 508 of the Clean Water Act
(33 U.S.C. 1368), Executive Order 11738, and Environmental Protection Agency regulations (40 CFR part 15).
Does vendor certify that it is in compliance with the Clean Air Act?
Yes
Page 15 of 28 pages Vendor: CI Pavement 210205 Addendum 2177
58 2 CFR PART 200 Procurement of Recovered Materials
A non-Federal entity that is a state agency or agency of a political subdivision of a state and its contractors must
comply with section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and
Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the
Environmental Protection Agency (EPA) at 40 CFR part 247 that contain the highest percentage of recovered
materials practicable, consistent with
maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value
of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management
services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement
program for procurement of recovered materials identified in the EPA guidelines.
Does vendor certify that it is in compliance with the Solid Waste Disposal Act as described above?
Yes
59 2 CFR PART 200 Rights to Inventions
,IWKH)HGHUDODZDUGPHHWVWKHGHILQLWLRQRI³IXQGLQJDJUHHPHQW´XQGHU&)54012 D DQGWKHUHFLSLHQWRU
subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the
substitution of parties, assignment or performance of experimental, developmental, or research work under that
³IXQGLQJDJUHHPHQW´WKHUHFLSLHQWRUVXEUHFLSLHQWPXVWFRPSO\ZLWKWKHUHTXLUHPHQWVRI&)53DUW401³5LJKWV
to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and
&RRSHUDWLYH$JUHHPHQWV´DQGDQ\LPSOHPHQWLQJUHJXODWLRQVLVVXHGE\WKHDZDUGLQJDJHQF\
Pursuant to the above, when the foregoing applies to ESC Region 8 and TIPS Members, Vendor certifies that
during the term of an award resulting from this procurement process, Vendor agrees to comply with all applicable
requirements as referenced in the Federal rule above.
Does vendor agree?
Yes
60 2 CFR PART 200 Domestic Preferences for Procurements
As appropriate and to the extent consistent with law, the non-Federal entity should, to the greatest extent
practicable under a Federal award, provide a preference for the purchase, acquisition, or use of goods, products,
or materials produced in the United States (including but not limited to iron, aluminum, steel, cement, and other
manufactured products). The requirements of this section must be included in all subawards including all contracts
DQGSXUFKDVHRUGHUVIRUZRUNRUSURGXFWVXQGHUWKLVDZDUG)RUSXUSRVHVRI2&)53DUW20022³3URGXFHGLQWKH
8QLWHG6WDWHV´PHDQVIRULURQDQGVWHHOSURGXFWVWKDWDOOPDQXIDFWXULQJSURFHVVHVIURPWKHLQLWLDOPHOWLQJVWDJ
through the application of coatings, occurred in the United States. Moreover, for purposes of 2 CFR Part 200.322,
³0DQXIDFWXUHGSURGXFWV´PHDQVLWHPVDQGFRQVWUXFWLRQPDWHULDOVFRPSRVHGLQZKROHRULQSDUWRIQRQIHUURXV
metals such as aluminum, plastics and polymer-based products such as polyvinyl chloride pipe, aggregates such as
concrete, class, including optical fiber, and lumber.
Pursuant to the above, when federal funds are expended by ESC Region 8 and TIPS Members, Vendor certifies
that to the greatest extent practicable Vendor will provide a preference for the purchase, acquisition, or use of
goods, products, or materials produced in the United States (including but not limited to iron, aluminum, steel,
cement, and other manufactured products).
Does vendor agree?
Yes
Page 16 of 28 pages Vendor: CI Pavement 210205 Addendum 2178
61 2 CFR PART 200 Ban on Foreign Telecommunications
)HGHUDOJUDQWIXQGVPD\QRWEHXVHGWRSXUFKDVHHTXLSPHQWVHUYLFHVRUV\VWHPVWKDWXVH³FRYHUHG
WHOHFRPPXQLFDWLRQV´HTXLSPHQWRUVHUYLFHVDVDVXEVWDQWLDORUHVVHQWLDOFRPSRQHQWRIDQ\V\VWHPRUDVFULWLFDO
WHFKQRORJ\DVSDUWRIDQ\V\VWHP³&RYHUHGWHOHFRPPXQLFDWLRQV´PHDQVSXUFKDVHVIURP+XDZHL7HFKQRORJLHV
Company or ZTE Corporation (or any subsidiary or affiliate of such entities), and video surveillance and
telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital
Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities).
Pursuant to the above, when federal funds are expended by ESC Region 8 and TIPS Members, Vendor certifies
WKDW9HQGRUZLOOQRWSXUFKDVHHTXLSPHQWVHUYLFHVRUV\VWHPVWKDWXVH³FRYHUHGWHOHFRPPXQLFDWLRQV´DVGHILQHG
E\2&)520021HTXLSPHQWRUVHUYLFHVDVDVXEVWDQWLDORUHVVHQWLDOFRPSRQHQWRIDQ\V\VWHPRUDVFULWLFDO
technology as part of any system.
Does vendor agree?
Yes
62 2 CFR PART 200 Equal Employment Opportunity
([FHSWDVRWKHUZLVHSURYLGHGXQGHU41&)53DUW0DOOFRQWUDFWVWKDWPHHWWKHGHILQLWLRQRI³IHGHUDOO\DVVLVWHG
FRQVWUXFWLRQFRQWUDFW´LQ41&)53DUW01PXVWLQFOXGHWKHHTXDORSSRUWXQLW\FODXVHSURYLGHGXQGHU41&)50
14 E LQDFFRUGDQFHZLWK([HFXWLYH2UGHU1124³(TXDO(PSOR\PHQW2SSRUWXQLW\´ 0)5121 12 &)5
3DUW1 41 &RPSS DVDPHQGHGE\([HFXWLYH2UGHU11³$PHQGLQJ([HFXWLYH2UGHU1124
5HODWLQJWR(TXDO(PSOR\PHQW2SSRUWXQLW\´DQGLPSOHPHQWLQJUHJXODWLRQVDW41&)5SDUW0³2IILFHRI)HGHUDO
&RQWUDFW&RPSOLDQFH3URJUDPV(TXDO(PSOR\PHQW2SSRUWXQLW\'HSDUWPHQWRI/DERU´
Pursuant to the above, when federal funds are expended by ESC Region 8 and TIPS Members on any federally
assisted construction contract, the equal opportunity clause is incorporated by reference herein.
Does vendor agree?
Yes
63 2 CFR PART 200 Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708)
[Applicable ONLY to contracts in excess of $100,000 involving mechanics or laborers.] Contract Work Hours and
Safety Standards Act (40 U.S.C. 3701-3708). Where applicable, all contracts awarded by the non-Federal entity in
excess of $100,000 that involve the employment of mechanics or laborers must include a provision for compliance
with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5). Under 40
U.S.C. 3702 of the Act, each contractor must be required to compute the wages of every mechanic and laborer on
the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided
that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours
worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. 3704 are applicable to construction
work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions
which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or
materials or articles ordinarily available on the open market, or contracts for transportation or transmission of
intelligence.
Pursuant to the above, when federal funds are expended by ESC Region 8 and TIPS Members on qualifying
contracts, Vendor certifies that Vendor will be in compliance with all applicable provisions of the Contract Work
Hours and Safety Standards Act during the term of an award for all contracts by the District resulting from this
procurement process.
Does vendor agree?
Yes
Page 17 of 28 pages Vendor: CI Pavement 210205 Addendum 2179
64 Certification Regarding Lobbying
Applicable to Grants, Subgrants, Cooperative Agreements, and Contracts Exceeding $100,000 in Federal Funds
Submission of this certification is a prerequisite for making or entering into this transaction and is imposed by
section 1352, Title 31, U.S. Code. This certification is a material representation of fact upon which reliance was
placed when this transaction was made or entered into. Any person who fails to file the required certification shall
be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.
The undersigned certifies, to the best of his or her knowledge and belief, that:
(1) No Federal appropriated funds have been paid or will be paid by or on behalf of the undersigned, to any person
for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or
employee of congress, or an employee of a Member of Congress in connection with the awarding of a Federal
contract, the making of a Federal grant, the making of a Federal loan, the entering into a cooperative agreement,
and the extension, continuation, renewal, amendment, or modification of a Federal contract, grant, loan, or
cooperative agreement.
(2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing
or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of
congress, or an employee of a Member of Congress in connection with this Federal grant or cooperative
DJUHHPHQWWKHXQGHUVLJQHGVKDOOFRPSOHWHDQGVXEPLW6WDQGDUG)RUP///³GLVFORVXUH)RUPWR5HSRUW/REE\LQJ´
in accordance with its instructions.
(3) The undersigned shall require that the language of this certification be included in the award documents for all
covered subawards exceeding $100,000 in Federal funds at all appropriate tiers and that all subrecipients shall
certify and disclose accordingly.
I HAVE NOT Lobbied per above
65 Lobbying Report Standard Form-LLL, “disclosure Form to Report Lobbying,”
ONLY IF you answered "I HAVE Lobbied per above" to attribute #59, please download and complete and upload the
6WDQGDUG)RUP///³GLVFORVXUH)RUPWR5HSRUW/REE\LQJ´LQWKH5HVSRQVHDWWDFKPHQWVVHFWLRQ
66 Subcontracting with small and minority businesses, women's business enterprises, and labor surplus
area firms.
Do you ever anticipate the possibility of subcontracting any of your work under this award if you are successful?
IF NO, DO NOT ANSWER THE NEXT ATTRIBUTE QUESTION. . IF YES, and ONLY IF YES, you must answer the
next question YES if you want a TIPS Member to be authorized to spend Federal Grant Funds for Procurement.
NO
Page 18 of 28 pages Vendor: CI Pavement 210205 Addendum 2180
67 ONLY IF YES TO THE PREVIOUS QUESTION OR if you ever do subcontract any part of your
performance under the TIPS Agreement, do you agree to comply with the following federal
requirements?
ONLY IF YES TO THE ABOVE QUESTIONS OR if you ever do subcontract any part of your performance under the
TIPS Agreement,
do you agree to comply with the following federal requirements?
)HGHUDO5HJXODWLRQ2&)520021&RQWUDFWLQJZLWKVPDOODQGPLQRULW\EXVLQHVVHVZRPHQ
VEXVLQHVVHQWHUSULVHV
and labor surplus area firms. (a)The non-Federal entity must take all necessary affirmative steps to assure that
minority businesses, women's business enterprises, and labor surplus area firms are used when possible.
(b) Affirmative steps must include:(1) Placing qualified small and minority businesses and women's business
enterprises on solicitation lists;
(2) Assuring that small and minority businesses, and women's business enterprises are solicited whenever they are
potential sources;
(3) Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum
participation by small and minority businesses, and women's business enterprises;
(4) Establishing delivery schedules, where the requirement permits, which encourage participation by small and
minority businesses, and women's business enterprises;
(5) Using the services and assistance, as appropriate, of such organizations as the Small Business Administration
and the Minority Business Development Agency of the Department of Commerce ; and
(6) Requiring the prime contractor, if subcontracts are to be let, to take the affirmative steps listed in paragraphs(1)
through (5) of this section.
No response
68 Davis-Bacon Act compliance.
Texas Statute requires compliance with Davis-Bacon Act, as amended (40 U.S.C. 3141-3148). When required by
Federal program legislation, all prime construction contracts in excess of $2,000 awarded by non-Federal entities
must include a provision for compliance with the Davis-Bacon Act (40 U.S.C. 3141-3144, and 3146-3148) as
supplemented by Department of Labor regulations (29 CFR Part S, "Labor Standards Provisions Applicable to
Contracts Covering Federally Financed and Assisted Construction"). In accordance with the statute, contractors
must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a
wage determination made by the Secretary of Labor. In addition, contractors must be required to pay wages not
less than once a week. The non-Federal entity must place a copy of the current prevailing wage determination
issued by the Department of Labor in each solicitation. The decision to award a contract or subcontract must be
conditioned upon the acceptance of the wage determination. The non-Federal entity must report all suspected or
reported violations to the Federal awarding agency. The contracts must also include a provision for compliance with
the Copeland "Anti-Kickback" Act {40 U.S.C. 314S), as supplemented by Department of Labor regulations (29 CFR
Part 3, "Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or
Grants from the United States"). The Act provides that each contractor or subrecipient must be prohibited from
inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up
any part of the compensation to which he or she is otherwise entitled. The non-Federal entity must report all
suspected or reported violations to the Federal awarding agency.
BY SUBMITTING A PROPOSAL FOR THIS SOLICITATION, the Vendor agrees, AS REQUIRED BY LAW, to comply
with the Davis Bacon Act, IF APPLICABLE.
Page 19 of 28 pages Vendor: CI Pavement 210205 Addendum 2181
69 Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708)
Where applicable, all contracts awarded by the non-Federal entity in excess of $100,000 that involve the
employment of mechanics or laborers must include a provision for compliance with 40 U.S.C. 3702 and 3704, as
supplemented by Department of Labor regulations (29 CFR Part 5). Under 40 U.S.C. 3702 of the Act, each
contractor must be required to compute the wages of every mechanic and laborer on the basis of a standard work
week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is
compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of
40 hours in the work week. The requirements of 40 U.S.C. 3704 are applicable to construction work and provide
that no laborer or mechanic must be required to work in surroundings or under working conditions which are
unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or
articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence.
By submitting a proposal to this solicitation and IF the customer is utilizing federal funds as described above, the
Vendor agrees to comply with the Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708).
70 Indemnification
The ESC Region 8 and TIPS is a Texas Political Subdivision and a local governmental entity; therefore, is prohibited
from indemnifying third parties pursuant to the Texas Constitution (Article 3, Section 52) except as specifically
provided by law or as ordered by a court of competent jurisdiction. A provision in a contract to indemnify or hold a
party harmless is a promise to pay for any expenses the indemnified party incurs, if a specified event occurs, such
as breaching the terms of the contract or negligently performing duties under the contract. Article III, Section 49 of
the Texas Constitution states that "no debt shall be created by or on behalf of the State ... " The Attorney General
has counseled that a contractually imposed obligation of indemnity creates a "debt" in the constitutional sense. Tex.
Att'y Gen. Op. No. MW-475 (1982). Contract clauses which require the System or institutions to indemnify must be
deleted or qualified with ''to the extent permitted by the Constitution and Laws of the State of Texas."
Liquidated damages, attorney's fees, waiver of vendor's liability, and waiver of statutes of limitations clauses should
also be deleted or qualified with "to the extent permitted by the Constitution and laws of State of Texas."
Do you agree to these terms?
Yes
71 Remedies
The parties shall be entitled to exercise any right or remedy available to it either at law or in equity, subject to the
choice of law, venue
and service of process clauses limitations agreed herein. Nothing in this agreement shall commit the TIPS to an
arbitration resolution
of any disagreement under any circumstances. Any Claim arising out of or related to the Contract, except for those
specifically waived
under the terms of the Contract, may, after denial of the Board of Directors, be subject to mediation at the request
of either party. Any
issues not resolved hereunder MAY be referred to non-binding mediation to be conducted by a mutually agreed
upon mediator as a
SUHUHTXLVLWHWRWKHILOLQJRIDQ\ODZVXLWRYHUVXFKLVVXH V 7KHSDUWLHVVKDOOVKDUHWKHPHGLDWRU¶VIHHDQGDQ\
associated filing fee
equally. Mediation shall be held in Camp or Titus County, Texas. Agreements reached in mediation shall be reduced
to writing, and
will be subject to the approval by the District's Board of Directors, signed by the Parties if approved by the Board of
Directors, and, if
signed, shall thereafter be enforceable as provided by the laws of the State of Texas.
Do you agree to these terms?
Yes, I Agree
72 Remedies Explanation of No Answer
No response
Page 20 of 28 pages Vendor: CI Pavement 210205 Addendum 2182
73 Choice of Law
The agreement between the Vendor and TIPS/ESC Region 8 and any addenda or other additions resulting from this
procurement process, however described, shall be governed by, construed and enforced in accordance with the
laws of the State of Texas, regardless of any conflict of laws principles.
THIS DOES NOT APPLY to a vendor's agreement entered into with a TIPS Member, as the Member may be located
outside Texas.
Do you agree to these terms?
Yes
74 Venue, Jurisdiction and Service of Process
Any proceeding, involving Region 8 ESC or TIPS, arising out of or relating to this procurement process or any
contract issued by TIPS resulting from or any contemplated transaction shall be brought in a court of competent
jurisdiction in Camp County, Texas and each of the parties irrevocably submits to the exclusive jurisdiction of said
court in any such proceeding, waives any objection it may now or hereafter have to venue or to convenience of
forum, agrees that all claims in respect of the Proceeding shall be heard and determined only in any such court,
and agrees not to bring any proceeding arising out of or relating to this procurement process or any contract
resulting from or any contemplated transaction in any other court. The parties agree that either or both of them may
file a copy of this paragraph with any court as written evidence of the knowing, voluntary and freely bargained for
agreement between the parties irrevocably to waive any objections to venue or to convenience of forum. Process in
any Proceeding referred to in the first sentence of this Section may be served on any party anywhere in the world.
Any dispute resolution process other than litigation shall have venue in Camp County or Titus County Texas.
Do you agree to these terms?
Agreed
75 Alternative Dispute Resolution Explanation of No Answer
No response
76 Infringement(s)
The successful vendor will be expected to indemnify and hold harmless the TIPS and its employees, officers,
agents, representatives, contractors, assignees and designees from any and all third party claims and judgments
involving infringement of patent, copyright, trade secrets, trade or service marks, and any other intellectual or
LQWDQJLEOHSURSHUW\ULJKWVDWWULEXWHGWRRUFODLPVEDVHGRQWKH9HQGRU
VSURSRVDORU9HQGRU¶VSHUIRUPDQFHRI
contracts awarded and approved.
Do you agree to these terms?
Yes, I Agree
77 Infringement(s) Explanation of No Answer
No response
78 Acts or Omissions
The successful vendor will be expected to indemnify and hold harmless the TIPS, its officers, employees, agents,
representatives, contractors, assignees and designees from and against any and all liability, actions, claims,
demands or suits, and all related costs, attorney's fees and expenses arising out of, or resulting from any acts or
omissions of the vendor or its agents, employees, subcontractors, or suppliers in the execution or performance of
any agreements
ultimately made by TIPS and the vendor.
Do you agree to these terms?
Yes, I Agree
Page 21 of 28 pages Vendor: CI Pavement 210205 Addendum 2183
79 Acts or Omissions Explanation of No Answer
No response
80 Contract Governance
Any contract made or entered into by the TIPS is subject to and is to be governed by Section 271.151 et seq, Tex
Loc Gov't Code. Otherwise, TIPS does not waive its governmental immunities from suit or liability except to the
extent expressly waived by other applicable laws in clear and unambiguous language.
Yes
81 Payment Terms and Funding Out Clause
Payment Terms:
TIPS or TIPS members shall not be liable for interest or late payment fees on past due balances at a rate higher
than permitted by the laws or regulations of the jurisdiction of the TIPS Member.
Funding Out Clause:
9HQGRUDJUHHVWRDELGHE\WKHODZVDQGUHJXODWLRQVLQFOXGLQJ7H[DV/RFDO*RYHUQPHQW&RGH21 0RUDQ\
statutory or regulatory limitations of the jurisdiction of any TIPS Member which governs contracts entered into by the
Vendor and TIPS or a TIPS Member that requires all contracts approved by TIPS or a TIPS Member are subject to
the budgeting and appropriation of currently available funds by the entity or its governing body.
See statute(s) for specifics or consult your legal counsel.
Not a negotiable term. Failure to agree will render your proposal non-responsive and it will not be considered.
Do you agree to these terms?
Yes
Page 22 of 28 pages Vendor: CI Pavement 210205 Addendum 2184
82 Insurance and Fingerprint Requirements Information
Insurance
If applicable and your staff will be on TIPS member premises for delivery, training or installation etc. and/or with an
automobile, you must carry automobile insurance as required by law. You may be asked to
provide proof of insurance.
Fingerprint
It is possible that a vendor may be subject to Chapter 22 of the Texas Education Code. The Texas Education Code,
Chapter 22, Section 22.0834. Statutory language may be found at: http://www.statutes.legis.state.tx.us/
If the vendor has staff that meet both of these criterion:
(1) will have continuing duties related to the contracted services; and
(2) has or will have direct contact with students
7KHQ\RXKDYH´FRYHUHG´HPSOR\HHVIRUSXUSRVHVRIFRPSOHWLQJWKHDWWDFKHGIRUP
TIPS recommends all vendors consult their legal counsel for guidance in compliance with this law. If you have
questions on how to comply, see below. If you have questions on compliance with this code section, contact the
Texas Department of Public Safety Non-Criminal Justice Unit, Access and Dissemination Bureau, FAST-FACT at
NCJU@txdps.state.tx.us and you should send an email identifying you as a contractor to a Texas Independent
School District or ESC Region 8 and TIPS. Texas DPS phone number is (512) 424-2474.
See form in the next attribute to complete entitled:
Texas Education Code Chapter 22 Contractor Certification for Contractor Employees
Page 23 of 28 pages Vendor: CI Pavement 210205 Addendum 2185
83 Texas Education Code Chapter 22 Contractor Certification for Contractor Employees
Introduction: Texas Education Code Chapter 22 requires entities that contract with school districts to provide
services to obtain criminal history record information regarding covered employees. Contractors must certify to the
district that they have complied. Covered employees with disqualifying criminal histories are prohibited from serving
at a school district.
Definitions: Covered employees: Employees of a contractor or subcontractor who have or will have continuing
duties related to the service to be performed at the District and have or will have direct contact with students. The
District will be the final arbiter of what constitutes direct contact with students. Disqualifying criminal history: Any
conviction or other criminal history information designated by the District, or one of the following offenses, if at the
time of the offense, the victim was under 18 or enrolled in a public school:
(a) a felony offense under Title 5, Texas Penal Code; (b) an offense for which a defendant is required to register as
a sex offender under Chapter 62, Texas Code of Criminal Procedure; or (c) an equivalent offense under federal law
or the laws of another state.
I certify that:
NONE (Section A) of the employees of Contractor and any subcontractors are covered employees, as defined
above. If this box is checked, I further certify that Contractor has taken precautions or imposed conditions to ensure
that the employees of Contractor and any subcontractor will not become covered employees. Contractor will
maintain these precautions or conditions throughout the time the contracted services are provided.
OR
SOME (Section B) or all of the employees of Contractor and any subcontractor are covered employees. If this box
is checked, I further certify that:
(1) Contractor has obtained all required criminal history record information regarding its covered employees. None
of the covered employees has a disqualifying criminal history.
(2) If Contractor receives information that a covered employee subsequently has a reported criminal history,
Contractor will immediately remove the covered employee from contract duties and notify the District in writing within
3 business days.
(3) Upon request, Contractor will provide the District with the name and any other requested information of covered
employees so that the District may obtain criminal history record information on the covered employees.
(4) If the District objects to the assignment of a covered employee on the basis of the covered employee's criminal
history record information, Contractor agrees to discontinue using that covered employee to provide services at the
District.
Noncompliance or misrepresentation regarding this certification may be grounds for contract termination.
None
Page 24 of 28 pages Vendor: CI Pavement 210205 Addendum 2186
84 Texas Business and Commerce Code § 272 Requirements as of 9-1-2017
SB 807 prohibits construction contracts to have provisions requiring the contract to be subject to the laws of
another state, to be required to litigate the contract in another state, or to require arbitration in another state. A
FRQWUDFWZLWKVXFKSURYLVLRQVLVYRLGDEOH8QGHUWKLVQHZVWDWXWHD³FRQVWUXFWLRQFRQWUDFW´LQFOXGHVFRQWUDFWV
subcontracts, or agreements with (among others) architects, engineers, contractors, construction managers,
equipment lessors, or materials suppliers. ³&RQVWUXFWLRQFRQWUDFWV´DUHIRUWKHGHVLJQFRQVWUXFWLRQDOWHUDWLRQ
renovation, remodeling, or repair of any building or improvement to real property, or for furnishing materials or
equipment for the project. The term also includes moving, demolition, or excavation. BY RESPONDING TO THIS
SOLICITATION, AND WHEN APPLICABLE, THE PROPOSER AGREES TO COMPLY WITH THE TEXAS BUSINESS
$1'&200(5&(&2'(22:+(1(;(&87,1*&2175$&76:,7+7,360(0%(567+$7$5(7(;$6
GOVERNMENT ENTITIES.
85 Texas Government Code 2270 Verification Form
Texas Government Code 2270 Verification Form
If (a) Vendor is not a sole proprietorship; (b) Vendor has ten (10) or more full-time employees; and (c) this
Agreement has a value of $100,000 or more, the following certification shall apply; otherwise, this certification is not
required. Pursuant to Chapter 2270 of the Texas Government Code, the Vendor hereby certifies and verifies that
neither the Vendor, nor any affiliate, subsidiary, or parent company of the Vendor, if any (the "Vendor Companies"),
boycotts Israel, and the Vendor agrees that the Vendor and Vendor Companies will not boycott Israel during the
term of this Agreement. For purposes of this Agreement, the term "boycott" shall mean and include refusing to deal
with, terminating business activities with, or otherwise taking any action that is intended to penalize, inflict economic
harm on, or limit commercial relations with Israel, or with a person or entity doing business in Israel or in an Israeli-
controlled territory, but does not include an action made for ordinary business purposes.
Our company is not listed on and we do not do business with companies that are on the Texas Comptroller of Public
Accounts list of Designated Foreign Terrorists Organizations per Texas Gov't Code 2270.0153 found at
https://comptroller.texas.gov/purchasing/docs/foreign-terrorist.pdf
I swear and affirm that the above is true and correct.
YES
86 Logos and other company marks
Please upload your company logo to be added to your individual profile page on the TIPS website. If any particular
specifications are required for use of your company logo, please upload that information under the "Logo and Other
&RPSDQ\0DUNVVHFWLRQXQGHUWKH³5HVSRQVH$WWDFKPHQW´WDEPreferred Logo Format: 350 x 350 pixel - .png,
.eps, .jpg preferred
Potential uses of company logo:
* Your Vendor Profile Page of TIPS website
* Potentially on TIPS website scroll bar for Top Performing Vendors
* TIPS Quarterly eNewsletter sent to TIPS Members
* Co-branding Flyers and or email blasts to our TIPS Members (Permission and approval will be obtained before
publishing)
Page 25 of 28 pages Vendor: CI Pavement 210205 Addendum 2187
87 Felony Conviction Notice
7H[DV(GXFDWLRQ&RGH6HFWLRQ44041RWLILFDWLRQRI&ULPLQDO+LVWRU\6XEVHFWLRQ D VWDWHV³DSHUVRQRUEXVLQHVV
entity that enters into a contract with a school district must give advance notice to the district if the person or an
owner or operator of the business entity has been convicted of a felony. The notice must include a general
GHVFULSWLRQRIWKHFRQGXFWUHVXOWLQJLQWKHFRQYLFWLRQRIDIHORQ\´6XEVHFWLRQ E VWDWHV³DVFKRROGLVWULFWPD\
terminate a contract with a person or business entity if the district determines that the person or business entity
failed to give notice as required by Subsection (a) or misrepresented the conduct resulting in the conviction. The
district must compensate the person or business entity for services performed before the termination of the
FRQWUDFW´ F 7KLVVHFWLRQGRHVQRWDSSO\WRDSXEOLFO\KHOGFRUSRUDWLRQ7KHSHUVRQFRPSOHWLQJWKLVSURSRVDO
certifies that they are authorized to provide the answer to this question.
Select A., B. or C.
A. My firm is a publicly held corporation; therefore, this reporting requirement is not applicable.
OR B.My firm is not owned nor operated by anyone who has been convicted of a felony, OR
C. My firm is owned or operated by the following individual(s) who has/have been convicted of a felony. (if you
answer C below, you are required to provide information in the next attribute.
B. Firm not owned nor operated by felon; per above
88 If you answered C. My Firm is owned or operated by a felon to the previous question, you are
REQUIRED TO ANSWER THE FOLLOWING QUESTIONS.
If you answered C. My Firm is owned or operated by a felon to the previous question, you must provide the following
information.
1. Name of Felon(s)
2. The named person's role in the firm, and
3. Details of Conviction(s).
No response
89 Required Confidentiality Claim Form
Required Confidentiality Claim Form
This form is required by TIPS. By submitting a response to this solicitation you agree to download from the
³$WWDFKPHQWV´VHFWLRQFRPSOHWHDFFRUGLQJWRWKHLQVWUXFWLRQVRQWKHIRUPWKHQXSORDGLQJWKHFRPSOHWHGIRUPZLWK
DQ\FRQILGHQWLDODWWDFKPHQWVLIDSSOLFDEOHWRWKH³5HVSRQVH$WWDFKPHQWV´VHFWLRQWLWOHG³&RQILGHQWLDOLW\)RUP´LQ
RUGHUWRSURYLGHWR7,36WKHFRPSOHWHGIRUPWLWOHG³&21),'(17,$/,7<&/$,0)250´%\FRPSOHWLQJWKLVSURFHVV
you provide us with the information we require to comply with the open record laws of the State of Texas as they
may apply to your proposal submission. If you do not provide the form with your proposal, an award will not be
made if your proposal is qualified for award, until TIPS has an accurate, completed form from you.
Read the form carefully before completing and if you have any questions, email Rick Powell at TIPS at
rick.powell@tips-usa.com
90 Choice of Law clauses for TIPS Members
If the vendor is awarded a contract with TIPS under this solicitation, the vendor agrees to make any Choice of Law
clauses in any contract or agreement entered into between the awarded vendor and with a TIPS member entity to
read as follows: "Choice of law shall be the laws of the state where the customer resides" or words to that effect.
Agreed
91 Venue of dispute resolution with a TIPS Member
In the event of litigation or use of any dispute resolution model when resolving disputes with a TIPS member entity
as a result of a transaction between the vendor and TIPS or the TIPS member entity, the Venue for any litigation or
other agreed upon model shall be in the state and county where the customer resides unless otherwise agreed by
the parties at the time the dispute resolution model is decided by the parties.
Agreed
Page 26 of 28 pages Vendor: CI Pavement 210205 Addendum 2188
92 Indemnity Limitation with TIPS Members
Texas and other states restrict by law or state Constitution the ability of a governmental entity to indemnify others.
TIPS requires that any contract entered into between a vendor and TIPS or a TIPS Member as a result of an award
under this Solicitation limit the requirement that the Customer indemnify the Vendor by either eliminating any such
indemnity requirement clauses in any agreements, contracts or other binding documents OR by prefacing all
indemnity clauses required of TIPS or the TIPS Member entity with the following: "To the extent permitted by the laws
or the Constitution of the state where the customer resides, ".
Agreement is a required condition to award of a contract resulting from this Solicitation.
Agreed
93 Arbitration Clauses
Except for certain circumstances, TIPS forbids a mandatory arbitration clause in any contract or agreement entered
into between the awarded vendor with TIPS or a TIPS member entity. Does the vendor agree to exclude any
arbitration requirement in any contracts or agreement entered into between TIPS or a TIPS member entity through
an awarded contract with TIPS?
Agreement is a required condition to award of a contract resulting from this Solicitation.
Agreed
94 Required Vendor Sales Reporting
By responding to this Solicitation, you agree to report to TIPS all sales made under any awarded Agreement with
TIPS. Vendor is required to report all sales under the TIPS contract to TIPS. If the TIPS Member entity requesting a
price from the awarded Vendor requests the TIPS contract, Vendor must include the TIPS Contract number on any
communications with the TIPS Member entity. If awarded, you will be provided access to the Vendor Portal. To
UHSRUWVDOHVORJLQWRWKH7,369HQGRU3RUWDODQGFOLFNRQWKH32¶VDQG3D\PHQWVWDE3DJHVRIWKHVendor
Portal User Guide will walk you through the process of reporting sales to TIPS. Please refer to the TIPS Accounting
)$4¶V for more information about reporting sales and if you have further questions, contact the Accounting Team
at accounting@tips-usa.com. The Vendor or vendor assigned dealers are responsible for keeping record of all
sales that go through the TIPS Agreement and submitting same to TIPS.
95 Upload of Current W-9 Required
Please note that you are required by TIPS to upload a current W-9 Internal Revenue Service (IRS) Tax Form for
your entity. This form will be utilized by TIPS to properly identify your entity. Additionally, if not designated
³&RQILGHQWLDO´LQ\RXUSURSRVDOUHVSRQVHWKLV: PD\EHDFFHVVHGE\7,360HPEHUVIRUWKHSXUSRVHRIPDNLQJ
TIPS purchases from you in the event that you are awarded. If you wish to designate your required W-9
confidential, please do so according to the terms of the Confidentiality Claim Form which is an attachment to this
solicitation.
96 Solicitation Deviation/Compliance
Does the vendor agree with the General Conditions Standard Terms and
Conditions or Item Specifications listed in this proposal invitation?
Yes
97 Solicitation Exceptions/Deviations Explanation
If the bidder intends to deviate from the General Conditions Standard Terms and Conditions or Item Specifications
listed in this proposal invitation, all such deviations must be listed on this attribute, with complete and detailed
conditions and information included or attached.
TIPS will consider any deviations in its proposal award decisions, and TIPS reserves the right to accept or reject any
bid based upon any deviations indicated below or in any attachments or inclusions.
In the absence of any deviation entry on this attribute, the proposer assures TIPS of their full compliance with the
Standard Terms and Conditions, Item Specifications, and all other information contained in this Solicitation.
No response
Page 27 of 28 pages Vendor: CI Pavement 210205 Addendum 2189
98 Agreement Deviation/Compliance
Does the vendor agree with the language in the Vendor Agreement?
Yes
99 Agreement Exceptions/Deviations Explanation
If the proposing Vendor desires to deviate form the Vendor Agreement language, all such deviations must be listed
on this attribute, with complete and detailed conditions and information included. TIPS will consider any deviations in
its proposal award decisions, and TIPS reserves the right to accept or reject any proposal based upon any
deviations indicated below. In the absence of any deviation entry on this attribute, the proposer assures TIPS of
their full compliance with the Vendor Agreement.
No response
Page 28 of 28 pages Vendor: CI Pavement 210205 Addendum 2190
REFERENCES
Please provide three (3) references, preferably from school districts or other governmental entities who have used your services within
the last three years. Additional references may be required. DO NOT INCLUDE TIPS EMPLOYEES AS A REFERENCE.
You may provide more than three (3) references.
Entity Name Contact Person VALID EMAIL IS REQUIRED Phone
Lewisville ISD Michael Overacker OverackerM@lisd.net 469-260-2420
Lewisville ISD Alex Del Rio DELRIOJ@lisd.net 469-446-4795
Coppell ISD David Bailey dbailey@coppellisd.com 817-504-6494
Grapevine-Colleyville ISD Michele Linn michele.linn@gcisd.net 817-401-3033
World Class Distribution Bart Shoulders bshoulders@wcdinc.net 214-207-7034
Eagle Mountain-Saginaw ISD Jeff Parrack jparrack@ems-isd.net 817-306-0864
19
1
192
TIPS RFP #
Required Confidential Information Status Form
Name of company
Printed Name and Title of authorized company officer declaring below the confidential status of material
Address City State ZIP
Phone
ALLVENDORSMUSTCOMPLETETHEABOVESECTION
CONFIDENTIAL INFORMATION SUBMITTED IN RESPONSE TO COMPETITIVE PROCUREMENT REQUESTS OF EDUCATION
SERVICE CENTER REGION 8 AND TIPS (ESC8) IS GOVERNED BY TEXAS GOVERNMENT CODE, CHAPTER 552
If you consider any portion of your proposal to be confidential information and not subject to public disclosure pursuant to Chapter 552 Texas
Gov’t Code or other law(s), you must attach a copy of all claimed confidential materials within your proposal and put this
COMPLETED form as a cover sheet to said materials then scan, name “CONFIDENTIAL” and upload with your proposal
submission. (You must include all the confidential information in the submitted proposal. The copy uploaded is to indicate which material
in your proposal, if any, you deem confidential in the event the receives a Public Information Request.) ESC8 and TIPS will follow procedures
of controlling statute(s) regarding any claim of confidentiality and shall not be liable for any release of information required by law. Upon
your claim and your defense to the Office of Texas Attorney General is required to make the final determination whether the information
submitted by you and held by ESC8 and TIPS is confidential and exempt frompublic disclosure.
ALLVENDORSMUSTCOMPLETEONEOFTHETWO OPTIONSBELOW.
OPTION 1:
I DO CLAIM parts of my proposal to be confidential and DO NOT desire to expressly waive a claim of
confidentiality of all information contained within our response to the solicitation. The attached contains material from our
proposal that I classify and deem confidential under Texas Gov't Code Sec. 552 or other law(s) and I invoke my statutory
rights to confidential treatment of the enclosed materials.
IF CLAIMING PARTS OF YOUR PROPOSAL CONFIDENTIAL, YOU MUST ATTACH THE SHEETS TO THIS
FORM AND LIST THE NUMBER OT TOTAL PAGES THAT ARE CONFIDENTIAL.
ATTACHED ARE COPIES OF PAGES OF CLAIMED CONFIDENTIAL MATERIAL FROM OUR
PROPOSAL THAT WE DEEM TO BE NOT PUBLIC INFORMATION AND WILL DEFEND THAT CLAIM
TO THE TEXAS ATTORNEY GENERAL IF REQUESTED WHEN A PUBLIC INFORMATION REQUEST IS
MADE FOR OUR PROPOSAL.
Signature Date
----------------------------------------------------------- OR ---------------------------------------------------
OPTION 2:
I DO NOT CLAIM any of my proposal to be confidential, complete the section below.
Express Waiver: I desire to expressly waive any claim of confidentiality as to any and all information contained
within our response to the competitive procurement process (e.g. RFP, CSP, Bid, RFQ, etc.) by completing the
following and submitting this sheet with our response to Education Service Center Region 8 and TIPS.
Signature Date
Confidentiality Claim Form rev 10012020RP
210205
CI Pavement
Rob Alderink Vice-President
101 Josephine Ln Grand Prairie, TX 75050
02 / 09 / 2021
193
194
Warranty Form
Project: TBD
For: TIPS
We, CI Pavement, as the Contractor/Supplier for concrete services, do hereby warrant that all labor and materials
furnished, and work performed in conjunction with the above project are in accord with the Contract documents
and authorized modifications thereto, and will be free from defects due to defective materials or workmanship
for a period of: one year.
This warranty commences on: Date of Substantial completion (XX/XX/XXXX) and ends one year hence
Should any defect develop during the warranty period due to improper materials, workmanship or arrangement,
the same shall, upon written notice bye the Owner or General Contractor, be made good by the undersigned at no
expense to the owner.
Nothing in the above shall be deemed to apply to work which has been abused or neglected by the Owner, to
damage caused by Acts of God or to normal wear and tear. This does not preclude or replace additional
warranties that may be required by the Contract Documents.
CI Pavement
Contractor
By___Rob Alderink__________
Title__Vice-President_________
Date______________
101 Josephine Ln
Grand Prairie, TX 75050
195
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206
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 CI PAVEMENT FOR THE CONSTRUCTION OF CONCRETE
SIDEWALKS, STREETS, CURB AND GUTTER REPAIRS; 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 issue a purchase order in the amount of $975,000.00 to CI Pavement for
the construction of concrete sidewalks, streets, curb and gutter repairs.
Section 2. That the City Manager 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 19TH DAY OF MARCH 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
207
Agenda Item No:6.1
CITY COUNCIL Agenda Item Report
Meeting Date: March 19, 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 Section 551.089 of the Texas
Government Code to deliberate regarding security devices or security audits.
Suggested Action:
Attachments:
208
Agenda Item No:7.1
CITY COUNCIL Agenda Item Report
Meeting Date: March 19, 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 security devices or security audits.
Suggested Action:
Attachments:
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