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CP 2010-07-27 NOTICE OF CITY COUNCIL MEETING AND AGENDA JULY 27, 2010 BOB MAHALIK, Place 2 Mayor Pro Tem TIM BRANCHEAU, Place 1 BILLY FAUGHT, Place 5 BRIANNA HINOJOSA-FLORES, Place 3 MARVIN FRANKLIN, Place 6 MARSHA TUNNELL, Place 4 KAREN HUNT, Place 7 CLAY PHILLIPS, City Manager MEETING TIME AND PLACE: Call to Order 5:30 p.m. Council Chambers (Open to the Public) Executive Session Immediately Following 1st Fl. Conf. Room (Closed to the Public) Work Session Immediately Following 1st Fl. Conf. Room (Open to the Public) Regular Session 7:30 p.m. Council Chambers (Open to the Public) Notice is hereby given that the City Council of the City of Coppell, Texas will meet in Regular Called Session on Tuesday, July 27, 2010, at 5:30 p.m. for Executive Session, Work Session will follow immediately thereafter, and Regular Session will begin at 7:30 p.m., to be held at Town Center, 255 Parkway Boulevard, Coppell, Texas. As authorized by Section 551.071(2) of the Texas Government Code, this meeting may be convened into closed Executive Session for the purpose of seeking confidential legal advice from the City Attorney on any agenda item listed herein. The City of Coppell reserves the right to reconvene, recess or realign the Work Session or called Executive Session or order of business at any time prior to adjournment. The purpose of the meeting is to consider the following items: ITEM # ITEM DESCRIPTION 1. Call to order. ag072710 Page 1 of 5 ITEM # ITEM DESCRIPTION EXECUTIVE SESSION (Closed to the Public) 2. Convene Executive Session A. Section 551.071, Texas Government Code - Consultation with City Attorney. 1. Discussion regarding the duties and responsibilities of the Mayor Pro Tem. 2. Receive legal advice from the City Attorney concerning claim or claims as a result of the incident of July 13, 2010. 3. Discussion regarding the Northlake Property. B. Section 551.087, Texas Government Code – Economic Development Negotiations. 1. East of Freeport Parkway and north of Bethel Road. 2. South of Bethel Road and west of S. Coppell Road. WORK SESSION (Open to the Public) 3. Convene Work Session A. Discussion regarding the November 2 Election. B. Discussion regarding Aerial Sewer Crossing. C. Discussion regarding City participation for maintenance and electric costs associated with lighting along S.H. 121. D. Discussion of Agenda Items. REGULAR SESSION (Open to the Public) 4. Convene Regular Session. 5. Invocation. 6. Pledge of Allegiance. 7. Report by Coppell Economic Development Committee. 8. Citizens' Appearances. CONSENT AGENDA 9. Consider approval of the following consent agenda items: A. Consider approval of minutes: July 13, 2010. ag072710 Page 2 of 5 ITEM # ITEM DESCRIPTION B. Consider approval of accepting the resignation of Greg Jenkins from the Economic Development Committee and appointing Adam Darowski to fill the unexpired term. C. Consider approval of a Resolution to reduce Denton Tap Road to one lane southbound, and one lane northbound along Denton Tap at the intersection of Bethel Road for a period of up to 40 calendar days from the beginning of work; and authorizing the Mayor Pro Tem to sign and execute any necessary documents. D. Consider approval of a consulting services contract for health benefit consulting services and other related benefit/wellness programs with Brinson Benefits, Inc. in the amount of $154,309.00 and authorizing the City Manager to sign. E. Consider approval of awarding a Request for Proposal (RFP) #0101 for the procurement of medical stop loss insurance to ING in the amount of $304,685 and authorizing to City Manager to sign all necessary documents. F. Consider approval of awarding a Request for Proposal (RFP) #0101 to Prudential Insurance Company of America (Prudential) for group Life/AD&D insurance in the amount of $52,428.00 and long term disability insurance in the amount of $41,028.00 for a total premium of $93,456.00 and authorizing the City Manager to sign all necessary documents. G. Consider approval of an addendum to the current Administrative Services Agreement for the third party administrative services with UMR, Inc. in the amount of $145,722.40 and authorizing the City Manager to sign all necessary documents. END OF CONSENT 10. Consider approval of award of Bid #Q-0710-01 for the Tax 2009 street reconstruction project in the amount of $1,202,180 to RKM Utilities for construction of Heartz Road and Clear Creek Lane, and in the amount of $337,835 to Conatser Construction for construction of Dobecka Drive, as provided for in IMF funds; and authorizing the City Manager to sign and execute any necessary documents. ag072710 Page 3 of 5 ITEM # ITEM DESCRIPTION 11. Consider approval of an Ordinance amending the Code of Ordinances, Chapter 8, Traffic Regulations, by adding Section 8-2-13, providing the City Manager or designee authorization to temporarily close public streets, alleys and/or rights-of-way for the purpose of construction or repair; providing for the installation of appropriate traffic control devices in accordance with the Texas Manual of Uniform Traffic Control Devices; and authorizing the Mayor Pro Tem to sign and execute any necessary documents. 12. City Manager's Report. A. Project Update and Future Agendas. 13. Mayor Pro Tem and Council Reports. A. Report by Mayor Pro Tem Mahalik regarding the upcoming music series hosted by the Parks Department. 14. Public Service Announcements concerning items of community interest and no Council action or deliberation is permitted. 15. Council Committee Reports. A. Carrollton/Farmers Branch ISD/Lewisville ISD – Tunnell. B. Coppell ISD – Mahalik and Hinojosa-Flores. C. Coppell Seniors – Brancheau and Faught. D. Dallas Regional Mobility Coalition –Hunt. E. International Council for Local Environmental Initiatives (ICLEI) – Brancheau. F. Metrocrest Hospital Authority – Tunnell. G. Metrocrest Medical Foundation – Mahalik. H. Metrocrest Medical Services – Hinojosa-Flores. I. Metrocrest Social Services – Franklin. J. North Texas Council of Governments – Tunnell. K. North Texas Commission – Hunt. L. Senior Adult Services – Franklin. 16. Necessary action resulting from Executive Session. Adjournment. ____________________________________ Bob Mahalik, Mayor Pro Tem ag072710 Page 4 of 5 CERTIFICATE I certify that the above Notice of Meeting was posted on the bulletin board at the City Hall of the City of Coppell, Texas on this 23rd day of July, 2010, at __________________. ____________________________________ Libby Ball, City Secretary DETAILED INFORMATION REGARDING THIS AGENDA IS AVAILABLE ON THE CITY'S WEBSITE (www.coppelltx.gov) UNDER PUBLIC DOCUMENTS, COUNCIL PACKETS. PUBLIC NOTICES STATEMENT FOR ADA COMPLIANCE The City of Coppell acknowledges its responsibility to comply with the Americans With Disabilities Act of 1990. Thus, in order to assist individuals with disabilities who require special services (i.e. sign interpretative services, alternative audio/visual devices, and amanuenses) for participation in or access to the City of Coppell sponsored public programs, services and/or meetings, the City requests that individuals make requests for these services forty-eight (48) hours ahead of the scheduled program, service and/or meeting. To make arrangements, contact Vivyon V. Bowman, ADA Coordinator or other designated official at (972) 462-0022, or (TDD 1-800-RELAY, TX 1-800-735-2989). ag072710 Page 5 of 5 KEY TO COUNCIL GOALS ICONS COPPELL VISION 2030 Sustainable City Government • Excellent City Services with high level of Customer Satisfaction • “Green” City Operations and Facilities • Excellent and Well-maintained City Infrastructure and Facilities • Top Quality City Workforce • Financial Resources to Support City Services Business Prosperity • Retention and Attraction of Businesses that generate revenues for the City • Major Retail and Top Quality Business Office Park along I-635 and SH 121 • Old Coppell as a Small Town Village • Community Commercial Centers • House Offices and Home-Based Businesses Community Wellness and Enrichment • Community Gathering Places • Recreation Programs and Services for all Generations • Expand Cultural Arts Amenities and Opportunities • Residents’ Wellness and Longevity • Community Education Programs and Support of Top Quality Schools • Multi-Use Trail Systems Connecting the City Sense of Community • Residents and Businesses Engaging and Contributing to the Coppell Community • Strong Community Events and Festivals • New Residents Welcome and Involved • Effective Community Partnerships • Future Civic Community Leaders’ Development Special Place to Live • Quality Housing for Family Generations • Beautiful Green City • Revitalizing Neighborhoods • Mobility within Coppell • Easy Access to Dallas-Fort Worth Regions AGENDA REQUEST FORM DATE: July 27, 2010 ITEM #: ES-2 EXECUTIVE SESSION A. Section 551.071, Texas Government Code – Consultation with City Attorney. 1. Discussion regarding the duties and responsibilities of the Mayor Pro Tem. 2. Receive legal advice from the City Attorney concerning claim or claims as a result of the incident of July 13, 2010. 3. Discussion regarding the Northlake Property. Agenda Request Form - Revised 02/04 Document Name: %exsessn AGENDA REQUEST FORM DATE: July 27, 2010 ITEM #: ES-3 WORK SESSION A. Discussion regarding the November 2nd Election. B. Discussion regarding Aerial Sewer Crossing. C. Discussion regarding City participation for maintenance and electric costs associated with lighting along S.H. 121. D. Discussion of Agenda Items. Agenda Request Form - Revised 02/07 %wksessn PRELIMINARY TIMELINE FOR NOVEMBER 2 ELECTION ¾ Sunday, July 25 through Monday, August 30 – time for filing for place on the ballot ¾ August 10 – City Staff will bring Order to Call Election to Council ¾ August 24 – Last day that an election can be called for November 2 ¾ October 18 through October 29 – early voting by personal appearance • Should a Councilmember from Places 1, 3, 5 or 7 decide to file for the Mayor position, they would not have to resign their council position because there is less than one year remaining on their term • Should a Councilmember from Places 2, 4 or 6 decide to file for the Mayor position, they would have to resign their council position • If a Councilmember will be resigning their position to run for Mayor, that needs to be done prior to August 16 in order to be able to get an item on the August 24 agenda to call the election to fill that Councilmember’s seat • If the resigning Councilmember does not file in time to call the election at the August 24 meeting, then the City will be required to hold another election within 120 days of the resignation to fill the vacancy • If only one candidate files for the Mayor’s position and any other position which may become vacant (as a result of a current Councilmember filing for the Mayor’s position), the City can cancel the election. • The City will be contracting with both Dallas and Denton Counties for this election pursuant to state law mandating that all voters vote in their own county precinct for a November election. MEMORANDUM TO: Mayor and City Council FROM: Kenneth M. Griffin, P.E., Director of Engineering/Public Works DATE: July 27, 2010 REF: Discussion concerning a proposed change order associated with Bethel Road ST 03-01A from Penfolds to Denton Tap. During the course of the removal and replacement of the existing bridge along Denton Creek on Bethel Road, an opportunity has presented itself that would eliminate an ongoing maintenance issue for the City of Coppell. The main trunk sewer line along Bethel Road utilizes a siphon system as it crosses Grapevine Creek. In essence, a properly working siphon system allows the sewer line to be constructed down one bank, below the creek bed and back up the other bank and then continue into a gravity system. With a correctly operational siphon system, you do create those rare situations where sewage does flow uphill. We do have other siphon systems in town that work correctly; however, this particular system along Bethel Road has been an ongoing maintenance issue since it was constructed in the mid-90’s. Because of the removal of the bridge, we have an opportunity to drill several additional piers adjacent to the bridge and construct and aerial crossing that would eliminate the existing siphon. The design of the aerial crossing has been performed in house by Keith Marvin, P.E., Project Engineer; however, the negotiations with the contractor are not yet complete. To continue moving forward with the project, we need to move forward with the drilling of the piers prior to additional work taking place on the bridge structure. Based on initial discussions with the contractor utilizing the preliminary plans, it’s anticipated this change order will cost between $90,000.00 and $100,000.00. Staff is seeking general consensus to move ahead with the removal of the siphon and the installation of an aerial sewer crossing, with a change order to follow potentially at the August 24th Council meeting. Staff will be available to answer any questions at the Council meeting. 1 Proposed Sanitary Sewer Aerial Crossing and Siphon Removal. City of Coppell Project ST03-01A Created in LDDT 1 INCH = 1 MILE 0 11/2 S:\CAD\In_Design\MISC EXHIBITS\dwg\EXHIBITS 2010.dwg\ST03-01A AC Created on: 20 July 2010 by Scott Latta 1/3 1 INCH = FT. 0 30 30 15 Proposed Sanitary Sewer Aerial Crossing and Siphon Removal. City of Coppell Project ST03-01A Created in LDDTS:\CAD\In_Design\MISC EXHIBITS\dwg\EXHIBITS.dwg\ST03-01A AC Created on: 20 July 2010 by Scott Latta PROPOSED SANITARY SEWER AERIAL CROSSING 2/3 1 INCH = FT. 0 30 30 15 Proposed Sanitary Sewer Aerial Crossing and Siphon Removal. City of Coppell Project ST03-01A Created in LDDTS:\CAD\In_Design\MISC EXHIBITS\dwg\EXHIBITS.dwg\ST03-01A AC Created on: 20 July 2010 by Scott Latta PROPOSED SANITARY SEWER AERIAL CROSSING 3/3 MEMORANDUM TO: Mayor and City Council FROM: Kenneth M. Griffin, P.E., Director of Engineering/Public Works DATE: July 27, 2010 REF: Consider approval of the City's ongoing participation for maintenance and electric costs associated with lighting along State Highway 121, and acknowledgement that the yearly cost to the City of Coppell will be approximately $10, 200.00. For some time now, there has been discussion between the City of Coppell, City of Grapevine, and TXDOT concerning lighting along State Highway 121, from Northpoint Drive to Denton Creek. This section of State Highway 121 lies partially within the City of Grapevine and the City of Coppell and lies entirely within Dallas County. TXDOT has stated they will be providing safety lighting associated with the project generally located at the entrance and exits ramps and that TXDOT will be responsible for all costs associated with the construction, electric costs, and power maintenance of the safety lighting system. However, TXDOT has stated that if additional lighting is desired along the roadway, the ongoing maintenance and electrical costs of that lighting would be the responsibility of the adjoining cities. After discussion with Grapevine, there is general agreement between the City of Coppell and the City of Grapevine that if the additional lighting is installed along State Highway 121 that the type of lighting would be the 150 ft towers with the 400 watt hps bulbs. The initial cost of design and construction will be borne by TXDOT. However, once the lights have been installed and are operational, the City of Coppell and the City of Grapevine will be required to pick up the ongoing electrical costs and maintenance of the lights. It is estimated the annual costs will approximately $10,200.00, per city. The intent of this agenda item is to seek approval from the Council for the installation of lighting along the roadway, concurrence with the 150 ft. poles, and acknowledgement that the estimated yearly cost to the City would be approximately $10,200.00. If Council supports this agenda item, then at a future date, a revised “Agreement for Construction, Maintenance, and Operation of Continuous Highway Lighting Systems within a Municipality (Freeways or Expressways) (specific limits),” will be brought to Council for approval. This early action is needed such that TXDOT can continue with design of the lighting along State Highway 121. 1 Staff will be available to answer any questions at the Council meeting. LlKt t 7 2P tO C c i AF Texas Department of Transportation PO BOX 133067 DALLAS TEXAS 75313 3067 214 320 6100 Roadway Illumination Control 0364 2 17 SH 121 From Tarrant County Line To Denton Creek City of Coppell Denton County Mr Ken Griffen PE Director of Engineering City of Coppell PO Box 9478 Coppell TX 75019 Dear Mr Griffen OLf C As discussed TxDOT is preparing the plans to rebuild SH 121 through the Cities of Coppell and Grapevine Any existing illumination will be removed as part of the roadway reconstruction We want to clarify the design criteria along with construction maintenance and operation responsibilities of TxDOT and the respective cities for each type of illumination system Safety lighting system design would include three 3 illumination standards at the entrance and exit ramps one light standard where the ramp merges with the frontage road and illumination standards at the intersection of the frontage road and cross street if traffic signals do not exist The State will be responsible for all costs associated with the construction power and maintenance of safety lighting system however the City will be responsible for the maintenance of the system and request reimbursement from the State for their actual costs A continuous illumination system would light the SH 121 main lanes in addition to the points noted in the safety lighting design Continuous lighting systems can be designed using 150 foot high mast towers spaced at approximately every 900 feet or 50 foot conventional poles on the concrete median barrier spaced at 280 feet We reviewed the airway highway clearances for this project and have determined that high mast poles can be used on this project In addition we attended a demonstration of a mock up design for neighborhood friendly fixtures for a highmast tower designed and were pleased with the results of the ability to cut off any back lighting from the high mast tower We have been working with the city of Grapevine to determine their preference on roadway lighting for this project Since Grapevine and Coppell city limits meet at the highway right of way TxDOTs procedure is to work with both cities to determine the one type of lighting system for the project enter into lighting agreements and define the limits and responsibility of each agency Although your city limits are east and west of the highway we would divide the lighting circuits north and south and determine responsibility THE TEXAS PLAN REDUCE CONGESTION ENHANCE SAFETY EXPAND ECONOMIC OPPORTUNITY IMPROVE AIR QUALITY INCREASE THE VALUE OF OUR TRANSPORTATION ASSETS March 3 2010 7 10 M ecu t tov x60 AV 7 rgrr0 IoLe An Equal Opportunity Employer Page 2 March 3 2010 Mr Griffen Prior to commencing the design of a new illumination system we would like to know what type of lighting the City of Coppell prefers Grapevine indicated they support the installation of a neighborhood friendly high mast illumination system Please review this information and notify us as soon as possible if the City of Coppell is supportive of neighborhood friendly high mast illumination for this facility A copy of the agreements and an estimate of the costs of each type of system are attached for your reference Feel free to contact me at 214 320 6229 concerning this issue Sincerely elanie B Yo ng E District Trans tion Operations Engineer Attachments cc Jerry Hodge City of Grapevine Illumination Systems Cost Estimates per Mile Continuous Lighting TxDOT pays 100 of Construction Municipality pays 100 of Operation and Maintenance Electricity Repairs Continuous Lighting with Conventional Poles 50 Median Mounted with 400 W HPS based on 260 spacing Construction 175000 mile Maintenance 5500 year Electricity 4200 year 50 House Side Mounted with 400 W HPS based on 260 spacing Construction 290000 mile Maintenance 8000 year Electricity 4200 year 40 Median Mounted with 250 W HPS based on 220 spacing Construction 150000 mile Maintenance 4500 year Electricity 3400 year jr Continuous Lighting with High Mast Poles 150 Towers with 12 400 W HPS based on 850 spacing Construction 650000 mile Maintenance 2200 year Electricity 8000 year Safety Lighting TxDOT pays 100 of Construction Maintenance and Operation Safety Lighting 40 poles with 250 W HPS 18 interchange Construction 100000 interchange Maintenance 3500 year Electricity 1500 year Revised 907 Proposed Streetlight Construction, State Highway 121from Northpoint Drive to Denton Creek Created in LDDT 1 INCH = 1 MILE 0 11/2 S:\CAD\In_Design\MISC EXHIBITS\dwg\EXHIBITS 2010.dwg\SH 121 LIGHTS Created on: 20 July 2010 by Scott Latta 1/2 1 INCH = FT. 0 2000 2000 1000 Proposed Streetlight Construction, State Highway 121from Northpoint Drive to Denton Creek Created in LDDTS:\CAD\In_Design\MISC EXHIBITS\dwg\EXHIBITS.dwg\SH 121 LIGHTS Created on: 20 July 2010 by Scott Latta LIMITS OF PROPOSED STREETLIGHT CONSTRUCTION 2/2 WORK SESSION CONSENT REGULAR DEPT: DATE: ITEM #: AGENDA REQUEST FORM ITEM TYPE: ITEM CAPTION: GOAL(S): EXECUTIVE SUMMARY: FINANCIAL COMMENTS: RECOMMENDED ACTION: ACTION TAKEN BY COUNCIL: City Secretary July 27, 2010 7 ✔ REPORT Report by the Economic Development Committee. The semi-annual report will be made by a member of the Economic Development Committee. No action necessary on this item. %boardreport AGENDA REQUEST FORM DATE: July 27, 2010 ITEM #: 8 CITIZENS' APPEARANCES ORDINANCE NO. 2001-964 AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, ESTABLISHING RULES, TIMES AND PROCEDURES FOR CONDUCTING CITY COUNCIL MEETINGS. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS, THE FOLLOWING ARE HEREBY ADOPTED AS THE RULES, TIMES AND PROCEDURES FOR CONDUCTING COUNCIL MEETINGS OF THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS: The City of Coppell Code of Ordinances, Article 1-10 "Rules, Times and Procedures for Conducting City Council Meetings," be, and the same is hereby, amended to read as follows: "ARTICLE 1-10 RULES, TIMES AND PROCEDURES FOR CONDUCTING CITY COUNCIL MEETINGS ". . . 1-10-6.2.1 CITIZENS APPEARANCE Persons wishing to speak on any matter other than an item scheduled for a public hearing on the agenda, must sign a register and list their residence address, provided by the City Secretary on a table outside the Council Chambers, and such persons may be heard only at the "Citizens Appearance" portion of a regular meeting or special meeting. Each speaker must state his or her name and address of residence. Presentations by individuals during the "Citizens Appearance" shall be limited to two (2) minutes each. An individual speaker's time may be extended for an additional two (2) minutes with the approval of a majority of the Council members present. There shall be a cumulative limit of twenty (20) minutes allotted of any regular or special Council meeting. Those persons who signed up to speak at the "Citizens Appearance" shall be called upon in the order that they have signed the provided register. No personal attacks by any speaker shall be made against any member of the Council, Mayor, individual, group or corporation (Charter Article 3, Section 3.12). Agenda Request Form - Revised 09/02 Document Name: %citapp.doc WORK SESSION CONSENT REGULAR DEPT: DATE: ITEM #: AGENDA REQUEST FORM ITEM TYPE: ITEM CAPTION: GOAL(S): EXECUTIVE SUMMARY: FINANCIAL COMMENTS: RECOMMENDED ACTION: ACTION TAKEN BY COUNCIL: City Secretary July 27, 2010 9/A ✔ PROCEDURAL Consider approval of minutes: July 13, 2010. Minutes of the City Council meetings held on July 13, 2010. Staff recommends approval. %minutes Cm071310 Page 1 of 9 MINUTES OF JULY 13, 2010 The City Council of the City of Coppell met in Regular Called Session on Tuesday, July 13, 2010, at 5:30 p.m. in the City Council Chambers of Town Center, 255 Parkway Boulevard, Coppell, Texas. The following members were present: Bob Mahalik, Mayor Pro Tem Tim Brancheau, Councilmember Brianna Hinojosa-Flores, Councilmember Marsha Tunnell, Councilmember Billy Faught, Councilmember Marvin Franklin, Councilmember (late arrival) Karen Hunt, Councilmember Mayor Peters was absent. Also present were City Manager Clay Phillips, Deputy City Secretary Christel Pettinos and City Attorney Robert Hager. 1. Call to order. Mayor Pro Tem Mahalik called the meeting to order, determined that a quorum was present and convened into Work Session. Councilmember Franklin arrived prior to convening Work Session. EXECUTIVE SESSION (Closed to the Public) 2. Convene Executive Session A. Section 551.071, Texas Government Code - Consultation with City Attorney. 1. Discussion regarding the Northlake Property. 2. Discussion regarding Gas Well Ordinance. Mayor Pro Tem Mahalik convened into Executive Session at 6:48 p.m. Mayor Pro Tem Mahalik recessed the Executive Session at 7:20 p.m. and opened the Regular Session. Work Session was heard prior to Executive Session. Cm071310 Page 2 of 9 WORK SESSION (Open to the Public) 3. Convene Work Session A. Discussion regarding Boards & Commission Schedule. B. Discussion regarding Dallas Water Utilities. C. Discussion regarding Denton Tap/Bethel Road Construction. D. Discussion regarding Redflex/Red Light Cameras. E. Discussion regarding Emergency Communication System. F. Discussion of Agenda Items. At this time, Councilmember Hinojosa-Flores left the meeting. REGULAR SESSION (Open to the Public) 4. Convene Regular Session. 5. Invocation. Sergeant William Camp, Police Chaplain, led those present in the Invocation. 6. Pledge of Allegiance. Boy Scout Troop 840 led those present in the Pledge of Allegiance. 7. Consider approval of a proclamation naming September 2010 as Coppell Reads Month in the City of Coppell; and authorizing the Mayor to sign. Presentation: Mayor Pro Tem Mahalik read the proclamation into the record and presented the same to Amy Pittman-Hassett, Jennifer Perryman and Betsy Merrill. Cm071310 Page 3 of 9 Action: Councilmember Franklin moved to approve the proclamation naming September 2010 as Coppell Reads Month in the City of Coppell; and authorizing the Mayor to sign. Councilmember Tunnell seconded the motion; the motion carried 6-0 with Mayor Pro Tem Mahalik and Councilmembers Brancheau, Tunnell, Faught, Franklin and Hunt voting in favor of the motion. 8. Citizens' Appearances. 1) Thomas Burrows, 138 Wynnpage, spoke regarding the risk of the leaning power poles along Denton Tap. 9. Consider approval of the following consent agenda items: A. Consider approval of minutes: June 8, 2010. B. Consider approval of a grant agreement between the City of Coppell, the Coppell Education Development Corporation, and the Carrollton-Farmers Branch Independent School District in the amount of $180,882.00 and authorize the City Manager to grant any remaining funds from previous grants up to the total amount of $219,600.00 as originally requested in this grant for 3D projection technology and electronic book readers (Apple IPads), hire a part time instructional technology coach, and provide transportation for students who require extra academic support to meet instructional goals at Ranchview High School, and authorizing the City Manager to sign. C. Consider approval of an Addendum to Grant Agreement No. 2010-L01between the City of Coppell, the Coppell Education Development Corporation, and the Coppell Independent School District in the amount of $239,918.00 and authorize the City Manager to grant any remaining funds from previous grants up to the total amount of $250,000.00 as originally requested in this addendum to fund Literacy Intervention support teachers, and authorizing the City Manager to sign. Cm071310 Page 4 of 9 D. Consider approval of a Resolution approving a Memorandum of Agreement and amending the contract between the City of Dallas and the City of Coppell for the purchase of wholesale treated water and authorizing the City Manager to execute said agreement; and authorizing the Mayor to sign. E. Consider approval of an Ordinance for Case No. PD-209R3- C, TownOaks Centre, a zoning change from PD-209-C (Planned Development-209-Commercial) to PD-209R3-C (Planned Development-209 Revision 3-Commercial), to allow covered parking spaces and an enhanced entrance in the rear of the building on 8.6 acres of property located at the southeast corner of Sandy Lake Road and Denton Tap Road and authorizing the Mayor to sign. Action: Councilmember Tunnell moved to approve Consent Agenda Items A, B, C, D carrying Resolution No. 2010-0731.1 and E carrying Ordinance No. 91500-A-553. Councilmember Brancheau seconded the motion; the motion carried 6-0 with Mayor Pro Tem Mahalik and Councilmembers Brancheau, Tunnell, Faught, Franklin and Hunt voting in favor of the motion. 10. PUBLIC HEARING: Consider approval of a Resolution granting a variance of three hundred (300') feet to Zena Sushi from the 300-foot prohibited requirement under Ordinance No. 2006-1143, Article 6-16, Section 6-16-2 of the Code of Ordinances, to a business selling or offering for sale alcoholic beverages, with a business address being 171 N. Denton Tap Road, Suite 100; and authorizing the Mayor to sign. Presentation: Christel Pettinos, Deputy City Secretary, made a presentation to Council. Public Hearing: Mayor Pro Tem Mahalik opened the Public Hearing and advised the following signed up to speak: Cm071310 Page 5 of 9 1) Thomas Burrows, 138 Wynnpage, spoke against the variance. Action: Councilmember Faught moved to close the Public Hearing and approve Resolution No. 2010-0731.2 granting a variance of three hundred (300') feet to Zena Sushi from the 300-foot prohibited requirement under Ordinance No. 2006-1143, Article 6-16, Section 6-16-2 of the Code of Ordinances, to a business selling or offering for sale alcoholic beverages, with a business address being 171 N. Denton Tap Road, Suite 100; and authorizing the Mayor to sign. Councilmember Hunt seconded the motion; the motion carried 6-0 with Mayor Pro Tem Mahalik and Councilmembers Brancheau, Tunnell, Faught, Franklin and Hunt voting in favor of the motion. 11. PUBLIC HEARING: Consider approval of Case No. S-1093R-C, Taco Bell, a zoning change request from S-1093-C (Special Use Permit-1093- Commercial) to S-1093R-C (Special Use Permit-1093 Revised – Commercial), to permit the addition of a drive-thru entry portal, an order point canopy and the replacement of the existing menu board on approximately one acre of property located at 115 North Denton Tap Road. Presentation: Gary Sieb, Director of Planning, made a presentation to Council. Public Hearing: Mayor Pro Tem Mahalik opened the Public Hearing and advised no one signed up to speak. Action: Councilmember Franklin moved to close the Public Hearing and approve Case No. S-1093R-C, Taco Bell, a zoning change request from S-1093-C (Special Use Permit-1093-Commercial) to S-1093R-C (Special Use Permit- 1093 Revised – Commercial), to permit the addition of a drive-thru entry portal, an order point canopy and the replacement of the existing menu board on approximately one acre of property located at 115 North Denton Tap Road subject to the following condition: Cm071310 Page 6 of 9 1) The development of these improvements shall be in accordance with the Site Plan, Menu Board, Order Point Canopy and Entry Portal which shall be made part of the ordinance. Councilmember Faught seconded the motion; the motion carried 6-0 with Mayor Pro Tem Mahalik and Councilmembers Brancheau, Tunnell, Faught, Franklin and Hunt voting in favor of the motion. 12. PUBLIC HEARING: Consider approval of Case No. S-1220R-TC, Verizon Wireless, a zoning change request from S-1220-TC (Special Use Permit-1220- Town Center) to S-1220R-TC (Special Use Permit-1220 Revised- Town Center), to allow the replacement of existing telecommunication antennae and the expansion of the equipment cabinet enclosure on property located at 363 North Denton Tap Road in Andy Brown West Park. Presentation: Gary Sieb, Director of Planning, made a presentation to Council. Bill Bauman, representing the applicant, was available for questions. Public Hearing: Mayor Pro Tem Mahalik opened the Public Hearing and advised no one signed up to speak. Action: Councilmember Tunnell moved to close the Public Hearing and approve Case No. S-1220R-TC, Verizon Wireless, a zoning change request from S- 1220-TC (Special Use Permit-1220-Town Center) to S-1220R-TC (Special Use Permit-1220 Revised-Town Center), to allow the replacement of existing telecommunication antennae and the expansion of the equipment cabinet enclosure on property located at 363 North Denton Tap Road in Andy Brown West Park subject to the following condition: 1) Coordinate with the Parks Department for the scheduling of construction times and the replacement of the Red Bud tree and portion of the irrigation system affected by the proposed change. Cm071310 Page 7 of 9 Councilmember Brancheau seconded the motion; the motion carried 6-0 with Mayor Pro Tem Mahalik and Councilmembers Brancheau, Tunnell, Faught, Franklin and Hunt voting in favor of the motion. 13. PUBLIC HEARING: Consider approval of Case No. PD-237R-HC, QuikTrip, a zoning change request from A (Agriculture) to PD-237R-HC (Planned Development-237 Revised-Highway Commercial) to attach a detail site plan to allow a 4,900-square-foot convenience store with eight gas pump islands on 2.03 acres of land located at the northeast corner of South Belt Line Road and the proposed extension of Dividend Drive. Presentation: Gary Sieb, Director of Planning, made a presentation to Council. Public Hearing: Mayor Pro Tem Mahalik opened the Public Hearing. Action: Councilmember Tunnell moved to continue the Public Hearing to the August 10th meeting. Councilmember Brancheau seconded the motion; the motion carried 6-0 with Mayor Pro Tem Mahalik and Councilmembers Brancheau, Tunnell, Faught, Franklin and Hunt voting in favor of the motion. 14. Consider approval of the Denton Creek @ Sandy Lake Addition, Lots 1 & 2, Block A, Minor Plat, a minor plat to allow the construction of a single-family home on Lot 1 and the future construction of an office building on Lot 2, on 2.36 acres of property located on the north side of Sandy Lake Road, approximately 600 feet west of Starleaf Road. Presentation: Gary Sieb, Director of Planning, made a presentation to Council. Cm071310 Page 8 of 9 Action: Councilmember Brancheau moved to approve the Denton Creek @ Sandy Lake Addition, Lots 1 & 2, Block A, Minor Plat, a minor plat to allow the construction of a single-family home on Lot 1 and the future construction of an office building on Lot 2, on 2.36 acres of property located on the north side of Sandy Lake Road, approximately 600 feet west of Starleaf Road subject to the following conditions: 1) Provide an 8-foot wide stamped concrete paver band at entrance to the residential lot. 2) Applicant understands a revised Planned Development for Lot 2 will be required, as well as a replat, before any construction can begin on this Lot. Councilmember Faught seconded the motion; the motion carried 6-0 with Mayor Pro Tem Mahalik and Councilmembers Brancheau, Tunnell, Faught, Franklin and Hunt voting in favor of the motion. At this time, Council convened into Executive Session. EXECUTIVE SESSION (Closed to the Public) Convene Executive Session A. Section 551.071, Texas Government Code - Consultation with City Attorney. Mayor Pro Tem Mahalik convened into Executive Session at 8:08 p.m. Mayor Pro Tem Mahalik adjourned the Executive Session at 8:15 p.m. and opened the Regular Session. REGULAR SESSION (Open to the Public) At this time, the meeting was adjourned. 15. Consider approval of a Resolution to reduce Denton Tap Road to one lane southbound, and one lane northbound along Denton Tap at the intersection of Bethel Road for a period of up to 40 Cm071310 Page 9 of 9 calendar days from the beginning of work; and authorizing the Mayor to sign and execute any necessary documents. This item was not considered. 16. City Manager's Report. A. Project Update and Future Agendas. This item was not considered. 17. Public Service Announcements concerning items of community interest and no Council action or deliberation is permitted. This item was not considered. 18. Necessary action resulting from Executive Session. This item was not considered. ____________________________________ Bob Mahalik, Mayor Pro Tem ATTEST: ____________________________________ Christel Pettinos, Deputy City Secretary WORK SESSION CONSENT REGULAR DEPT: DATE: ITEM #: AGENDA REQUEST FORM ITEM TYPE: ITEM CAPTION: GOAL(S): EXECUTIVE SUMMARY: FINANCIAL COMMENTS: RECOMMENDED ACTION: ACTION TAKEN BY COUNCIL: City Secretary July 13, 2010 9/B ✔ PROCEDURAL Consider approval of accepting the resignation of Greg Jenkins from the Economic Development Committee and appointing Adam Darowski as his replacement. Greg Jenkins has submitted a letter of resignation from the Board. His appointment is set to expire December 2010. Staff recommends that Adam Darowski be appointed to fill the completion of the term. Staff recommends acceptance of the resignation and approval of the replacement. %ecodevresignation Greg S. Jenkins 702 E. Bethel School Rd. Coppell, TX 75019 jenkinsgs@verizon.net 972-679-0303 Jun 2, 2010 Mindi Hurley Economic Development Coordinator City of Coppell 255 Parkway Blvd. Coppell, TX 75019 Mindi, Due to the heavy business travel anticipated from a new employer, I feel it is necessary for me to resign from the Economic Development Committee. I have enjoyed serving on the committee and appreciate the opportunity to contribute. My family and I plan to stay in Coppell for years to come and I hope to get involved again in some capacity when my job demands are different. Please pass along my well-wishes to the rest of the group. Best regards, Greg Jenkins WORK SESSION CONSENT REGULAR DEPT: DATE: ITEM #: AGENDA REQUEST FORM ITEM TYPE: ITEM CAPTION: GOAL(S): EXECUTIVE SUMMARY: FINANCIAL COMMENTS: RECOMMENDED ACTION: ACTION TAKEN BY COUNCIL: Engineering July 27, 2010 9/C ✔ RESOLUTION Consider approval of a Resolution to reduce Denton Tap Road to one lane southbound, and one lane northbound along Denton Tap at the intersection of Bethel Road for a period of up to 40 calendar days from the beginning of work; and authorizing the Mayor Pro Tem to sign and execute any necessary documents. Approval of this resolution will allow for JRJ Paving to proceed with the construction of Bethel Road at the intersection of Denton Tap. Staff will be available to answer any questions at the Council meeting. Staff recommends approval of this Resolution. #Denton Tap Lane Closure MEMORANDUM TO: Mayor and City Council VIA: Kenneth M. Griffin, P.E., Director of Engineering/Public Works FROM: Keith R. Marvin, P.E., Project Engineer DATE: July 27, 2010 RE: Consider approval of a Resolution to reduce Denton Tap Road to one lane southbound, and one lane northbound along Denton Tap at the intersection of Bethel Road for a period of up to 40 calendar days from the beginning of work; and authorizing the Mayor to sign and execute any necessary documents. On April 27, 2010 the City of Coppell awarded a contract to JRJ Paving for the reconstruction of Bethel Road from Penfolds Lane to Denton Tap Road. This project will greatly improve the function of the intersection of Bethel Road and Denton Tap by adding dedicated turn lanes to eastbound Bethel Road. As part of these improvements the median noses in Denton Tap are being pushed back, the brick paver bands are being removed, and new stamped concrete bands are being installed to line up with the new north and south curb lines of Bethel Road. Bethel Road will remain open on both sides of Denton Tap for the duration of this work activity. See the attached exhibit for additional information. Closure of these lanes will cause an inconvenience to the residents and traveling public along both Denton Tap and Bethel Road. We understand this, and the contractor has agreed to complete this work during the remainder of the summer, when our traffic patterns are lighter, in order to minimize this impact. This work accomplishes both the widening of the intersection, and the replacement of the bands of brick pavers with stamped concrete. Approval of this resolution will allow the contractor to move forward with the work within Denton Tap associated with the Bethel Road reconstruction project. Staff will be available to answer any questions at the City Council meeting. Proposed Lane Closure, Bethel Rd Re-Construction City of Coppell Project ST03-01A Created in LDDT 1 INCH = 1 MILE 0 11/2 S:\CAD\In_Design\MISC EXHIBITS\dwg\EXHIBITS.dwg\ST03-01A CLOSURE 2 Created on: 7 July 2010 by Scott Latta 1/2 1 INCH = FT. 0 50 50 25 Proposed Lane Closure, Bethel Rd Re-Construction City of Coppell Project ST03-01A Created in LDDTS:\CAD\In_Design\MISC EXHIBITS\dwg\EXHIBITS.dwg\ST03-01A CLOSURE 2 Created on: 7 July 2010 by Scott Latta NEW CONSTRUCTION AREA OF PROPOSED ROAD CLOSURE 2/2 RESOLUTION NO. _________________ A RESOLUTION OF THE CITY OF COPPELL, TEXAS AUTHORIZING THE CITY ENGINEER TO REDUCE DENTON TAP ROAD TO ONE LANE NORTHBOUND AND ONE LANE SOUTHBOUND FOR A PERIOD OF UP TO 40 CALENDAR DAYS FROM THE BEGINNING OF WORK; PROVIDING FOR A PENALTY FOR ROAD CLOSURE BEYOND 40 CALENDAR DAYS; PROVIDING FOR A BONUS AWARD FOR COMPLETION AND ROAD RE- OPENING IN LESS THAN 30 CALENDAR DAYS; AND AUTHORIZING THE MAYOR TO SIGN AND EXECUTE ANY NECESSARY DOCUMENTS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Bethel Road at the intersection of Denton Tap Road is planned to undergo reconstruction with the construction of Bethel Road from Denton Tap to Penfolds; and WHEREAS, during the period of said reconstruction, traffic on the street and intersection will be severely impaired; and WHEREAS, reconstruction of the intersection within the existing right-of-way requires closure of two lanes of Denton Tap Road at the Bethel Road intersection; and WHEREAS, the Contractor shall maintain one lane northbound and one lane southbound of Denton Tap Road; and WHEREAS, after consideration the City Council has determined that it would be in the best interest of the City and its citizens to provide for a more expedient and safer reconstruction process by permitting the reduction of Denton Tap to one lane northbound and one lane southbound at the intersection during the period of reconstruction; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS: SECTION 1. That the City Engineer and Contractor is hereby authorized to undertake the necessary steps to reduce Denton Tap to one lane northbound and one lane southbound for a period of 40 calendar days. 1 2 SECTION 2. That the Contractor is authorized and directed to cause the erection of signs and official traffic control devices as is necessary and to give notice of alternate routes of travel as provided herein. SECTION 3. That this Resolution shall take effect immediately from and after its passage as the law and charter in such cases provide. DULY PASSED by the City Council of the City of Coppell, Texas, this the _______ day of ___________________, 2010. APPROVED: _________________________________________ BOB MAHALIK, MAYOR PRO TEM ATTEST: _________________________________________ LIBBY BALL, CITY SECRETARY APPROVED AS TO FORM: ___________________________________ ROBERT E. HAGER, CITY ATTORNEY WORK SESSION CONSENT REGULAR DEPT: DATE: ITEM #: AGENDA REQUEST FORM ITEM TYPE: ITEM CAPTION: GOAL(S): EXECUTIVE SUMMARY: FINANCIAL COMMENTS: RECOMMENDED ACTION: ACTION TAKEN BY COUNCIL: Human Resources July 27, 2010 9/D ✔ CONTRACT/BID or PROPOSAL Consider approval of a consulting services contract for health benefit consulting services and other related benefit/ wellness programs with Brinson Benefits, Inc. in the amount of $154,309.00 and authorizing the City Manager to sign. Please see attached memorandum. Funds are budgeted in the Self Insurance Fund for this agreement. Staff recommends approval. &BrinsonAgreement-1AR MEMORANDUM TO: Mayor and City Council FROM: Vivyon V. Bowman, Director of Administration/Human Resources DATE: July 20, 2010 SUBJECT: Approval of Consulting Services Contract for Brinson Benefits, Inc. Please find the attached contract for consulting services and other related benefit/wellness programs with Brinson Benefits, Inc. as reviewed and recommended by the Management Insurance Committee. As some you might be aware, Brinson Benefits has been the City’s benefits consultant for the past nine years. The total contract for consulting services and related benefit/wellness programs is $154,309. The following is an outline of services to be provided by Brinson: Annual Consulting Fees - $51,390 Includes management and oversight of medical, dental, stop loss reinsurance, transplant insurance, dental, basic life/ad&d, voluntary life, long term disability, employee assistance program, voluntary vision and supplemental programs. Additional services include open enrollment management, education, communication, monthly strategy meetings and any additional support throughout the year. Annual Purple Card Advocate Program - $4,783 Purple Card is an advocate program for employees that need assistance with any and all questions regarding their benefit offerings. This program is an extension of our existing staff member who also assists employees with their benefit related issues. Employee Benefit Statements - $5,280 Employee Benefits Statements are confidential individualized statements of an employee’s benefits provided by the City. The average employee has no idea how much their benefits cost, let alone how much their benefits are actually worth. Brinson works with the H.R. staff to produce personalized employee benefit statement that helps the City improve employee awareness of employer paid benefits. Most of the cost involved is the actual printing of the color brochure. Wellness Works Custom Wellness Program - $52,560 The City has offered a bona fide wellness program since 2004. This year, the City elected to continue the wellness program and Brinson’s Wellness Strategists will implement and manage the custom program that allows for quarterly participation and incentives. The four areas of participation are: Awareness, Prevention, Activity and Community. An annual health survey, biometric screenings at an additional cost of $14,850.00, physical exam, physical activity and a community service project are among the required activities that an employee can participant in. Brinson’s Wellness Strategist will conduct all seminars, training, communication, education and tracking of participant’s activities. Benefits Connect online enrollment - $16,686 This is the fifth year for the City to use Benefits Connect. Benefits Connect is a subscription online enrollment, management system designed to streamline enrollment processes, enhance benefits management, and improve information sharing among employees, employers, and insurance providers. The system enables efficient data sharing and transferring of benefits information to any third party who can accept electronic files and produces enrollment forms populated with information entered online by the employees for vendors who require forms and includes a modeling component to calculate benefit costs during the enrollment process. The system also integrates benefit election data with existing internal systems, such as payroll and other city accounting and management systems. The City utilizes Brinson Benefits’ affiliation with United Benefit Advisors (UBA) to gain the discounted subscription fee to Benefits Connect. Consult-a-Doctor Telemedicine Service- $8,760 This is a new benefit that staff is recommending for implementation in the organization. The cost for the program is being offset by cost funded for an existing program being deleted from current our wellness program. Staff feels that this program gives us an opportunity to make a greater impact on claims savings by giving employees access to medical services via telephone which could possibly save the employee a doctor visit copay as well as a doctor visit claim on the medical plan. The city staff recommends the Mayor and City Council approval of the Brinson Benefits’ consulting contract and related benefit/wellness programs as outlined above. 1 Professional Services Agreement THE STATE OF TEXAS) DALLAS COUNTY OF TEXAS) This contract is made and entered into by and between the CITY OF COPPELL, a home rule municipal corporation, of Dallas County, Texas, (hereinafter Referred to as "CITY") and Brinson Benefits, Inc. having a principal place of business at 12720 Hillcrest Road, Suite 810-b, Dallas, TX, 75230, (hereinafter referred to as "CONTRACTOR"). 1. PURPOSE The purpose of this Contract is to state the terms and conditions under which CONTRACTOR shall provide Employee Benefit Consultant Services. 2. DESCRIPTION OF SERVICES CONTRACTOR'S services hereunder shall include, but shall not be limited to, the following: A. CONTRACTOR shall perform all the services as set forth and agreed to by the CITY attached hereto as Exhibit "A" and "B" inclusive of agreed to Contractor's fees for Required Services, both of which are made a part of this Contract for all purposes; should there be any future conflict between the terms of the Required Services and rates for the Required Services as provided by the Contractor, the agreed to terms of this Contract shall be final and binding. B. CONTRACTOR shall work closely with the Director of Administration/Human Resources or his/her designee (hereinafter referred to as "City Staff" and appropriate CITY officials) and perform any and all related tasks required by City Staff in order to fulfill the purposes of this Contract. C. CONTRACTOR shall deliver all data, reports and documents which result from its services to City Staff in such form as is satisfactory to the City Staff. D. CONTRACTOR shall work through the appropriate city staff to obtain all pricing and proposals by means that comply with State and Federal Laws. 2 3. PERFORMANCE OF SERVICES CONTRACTOR and its employees or associates shall perform all the services under the Contract. CONTRACTOR represents that all its employees or associates who perform services under the Contract shall be fully qualified and competent to perform the service described in Section 2. 4. TERM The term of this Contract shall begin on October 1, 2010 and renew on October 1st of each subsequent year subject to City Staff recommendation and City Council approval. CONTRACTOR understands and agrees that time is of the essence. All services, written reports, and other data are to be completed and delivered to CITY by agreed upon dates and times within the contract period unless an extension of time, based upon good reasons presented by CONTRACTOR, is approved by City Staff. 5. PAYMENT FOR SERVICES In consideration of the professional services to be performed by CONTRACTOR under the terms of the Contract, CITY shall pay CONTRACTOR for services actually performs as set out by the Fees for Required Services as defined in Exhibit "A" unless other conditions necessitate additional services, which must be authorized in advance by the City Manager or designee. CONTRACTOR'S charges for its services are not to exceed similar charges of CONTRACTOR for comparable services to other customers. Payments to CONTRACTOR shall be in the amount shown by the billings and other documentation submitted and shall be subject to City Staff's approval. All services shall be performed to the satisfaction of City Staff, and CITY shall not be liable for any payment under this Contract for services which are unsatisfactory and which have not been approved by City Staff. 6. CHANGE IN SERVICES CITY through its City Staff may request, from time to time, changes in the scope or focus of the activities and services conducted or to be conducted by CONTRACTOR pursuant to the Contract. Any such change which varies significantly from the scope of services set out in Section 2 and would entail a significant increase in cost or expense to CONTRACTOR shall be mutually agreed on by CONTRACTOR and the City Staff. Changes in the scope, which in the opinion of CONTRACTOR and the City Staff would require additional funding by CITY, must first be authorized in advance by the City Manager or his designee. 3 7. CONFIDENTIAL WORK No reports, information, project evaluation, project designs, data or any other documentation developed by, given to, prepared by or assembled by CONTRACTOR under this Contract shall be disclosed or made available to any individual or organization by CONTRACTOR without the express prior written approval of the City Manager. 8. OWNERSHIP OF DOCUMENTS Upon acceptance or approval by CITY, all reports, information and other data, given to, prepared or assembled by CONTRACTOR UNDER THIS Contract, and any other related documents or items shall become the sole property of CITY and shall be delivered to CITY. CONTRACTOR may make copies of any and all documents for its files. 9. CONTRACTOR'S LIABILITY Approval of CITY shall not constitute nor be deemed a release of the responsibility and liability of CONTRACTOR, its employees, agents or associates for the accuracy and competency for their designs, reports, information, and other documents or services nor shall approval be deemed to be the assumption of such responsibility by CITY for any defect, error or omission in the documents prepared by CONTRACTOR, its employees, agents or associates. 10. INDEMNITY CONTRACTOR shall defend, indemnify, and hold CITY whole and harmless against any and all claims for damages, costs, and expenses to persons or property that may arise out of, or be occasioned by or from any negligent act, error or omission of CONTRACTOR or any agent, servant, or employee of CONTRACTOR in the execution or performance of this Contract. 11. RIGHT OF REVIEW CITY may review any and all of the services performed by CONTRACTOR under this Contract. 12. The following shall be conditions of, and a part of, the consideration of this Contract, to-wit: CONFLICT OF INTEREST OF CITY EMPLOYEES No officer or employee of the City shall have any financial interest, direct or indirect, in any contract with the City or be financially interested, directly or indirectly, in the sale to the City of any land, materials, supplies or services, except on behalf of the City as an officer or employee. Any violation of this section shall constitute malfeasance in office and any officer or employee guilty thereof may be subject to removal from his office or position. Any violation of this section, with knowledge, express or implied, of the person or corporation contracting with the City shall render the contract involved voidable by the City Manager. 4 CONFLICT OF INTEREST OF CONTRACTOR Contractor shall not accept other employment or engage in outside activities incompatible with the proper discharge of his duties and responsibilities with the City, or which might impair his independent judgement in the performance of his duty to the City nor personally provide services for compensation, directly or indirectly, to a person or organization who is requesting an approval, investigation or determination from the City. 13. NONDISCRIMINATION As a condition of this Contract, CONTRACTOR covenants that CONTRACTOR will take all necessary actions to insure that, in connection with any work under this Contract, CONTRACTOR, his associates and subcontractors, will not discriminate in the treatment or employment of any individual or groups of individuals on the grounds of race, color, religion, national origin, age, sex, or physical handicap unrelated to job performance, either directly, indirectly or through contractual or other arrangements. In this regard, CONTRACTOR shall keep, retain and safeguard all records relating to the Contract or work performed hereunder for a minimum period of three (3) years from final Contract completion, with full access allowed to authorized representatives of the City, upon request, for purposes of evaluating compliance with this and other provisions of the Contract. 14. CONTRACT PERSONAL The Contract provides for personal or professional services, and the CONTRACTOR shall not assign the Contract, in whole or in part, without the prior written consent of CITY. 15. TERMINATION CITY may terminate this Contract upon Thirty (30) days written notice to CONTRACTOR with the understanding that all services being performed under this Contract shall cease upon the date specified in such notice. CONTRACTOR shall invoice for all services completed and shall be compensated in accordance with the terms of this Contract for all such services performed by CONTRACTOR prior to the date specified in such notice. 16. NOTICES All notices, communications, and reports required or permitted under this Contract shall be personally delivered or mailed to the respective parties by depositing same in the United States mail, postage prepaid, or delivered electronically at the following addresses. Mailed notices shall be deemed communicated as of five (5) days after mailing. If intended for CITY, to: Vivyon V. Bowman (vbowman@ci.coppell.tx.us) Director of Administration/Human Resources City of Coppell 255 Parkway Blvd. Coppell, TX 75019 5 If intended for CONTRACTOR, to: Brinson Benefits, Inc. 12720 Hillcrest Road, Suite 810-b Dallas, TX 75230 ATTN: Dawn Brinson 17. INDEPENDENT CONTRACTOR In performing services under this Contract, CONTRACTOR is performing services of the type performed prior to this Contract, and CITY and CONTRACTOR by the execution of this Contract do not change the independent status of CONTRACTOR. No term or provision of this Contract shall be construed as making CONTRACTOR the agent, servant, or employee of CITY. 18. VENUE The obligation of the parties to this Contract are performable in Dallas County, Texas, and if legal action is necessary to enforce same, exclusive venue shall lie in Dallas County, Texas. 19. APPLICABLE LAWS This Contract is made subject to the provisions of the Charter and ordinances of CITY, as amended, and all applicable State and Federal laws. 20. GOVERNING LAW This Contract shall be governed by and construed in accordance with the laws and court decisions of the State of Texas. 21. LEGAL CONSTRUCTION In case any one or more of the provisions contained in this Contract shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provision thereof and this Contract shall be considered as if such invalid, illegal, or unenforceable provision had never been contained in this Contract. 22. COUNTERPARTS This Contract may be executed in any number of counterparts, each of which shall be deemed an original and constitute one and the same instrument. 23. CAPTIONS The captions to the various clause of this Contract are for informational purposes only and shall not alter the substance of the terms and conditions of this Contract. 24. SUCCESSORS AND ASSIGNS 6 This Contract shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors and, except as otherwise provided in this Contract, their assigns. 25. ENTIRE AGREEMENT This Contract embodies the complete agreement of the parties hereto, superseding all oral or written previous and contemporary agreements between the parties and relating to matters in the Contract, and except as otherwise provided herein cannot be modified without written agreement of the parties to be attached to and made a part of this Contract. EXECUTED this ___________day of _________________________________, 2010, by the CITY, signing by its City and by CONTRACTOR. BY ________________________________ City of Coppell CONTRACTOR: Brinson Benefits, Inc. BY _________________________________ S. Dawn Brinson President 7 PROFESSIONAL SERVICES AGREEMENT EXHIBIT A City of Coppell Total Fee Brinson Benefits, Inc. services include: Plan Benefit/Cost Renewal Analysis Plan Design Consultation & Strategic Benefit Planning Plan Management and Data Analysis Vendor Negotiations Annual Bid Process and Plan Implementations Open Enrollment/Communication Support Customer Service Consulting Fee 352 Employees $51,390/Annual Includes Medical, EAP, Specific and Aggregate Stop Loss, Transplant, Dental, Vision, Basic Life & AD&D, Voluntary Products and Disability Subsequent Renewal Annual 3% Cost of Living Adjustment Brinson Benefits Purple Card Employee Benefit Statements Wellness Works Custom Program (additional fees will apply if additional services are purchased, i.e. biometric screenings, incentives, custom workshops, etc.) Consult-a-Doctor Telemedicine Service $4,783/Annual See EXHIBIT B See EXHIBIT D & D1 Consult A Doctor $2 pepm See EXHIBIT E Benefits Connect (additional fees will apply if changes are made to the system throughout the year) $16,686 EXHIBIT C The following are not included in the compensation: 5500 preparation, printing, graphic design work, custom programming, contracted third-party services &/or products (COBRA/HIPAA, technology, legal/accounting, etc.), travel outside of DFW area, and independent third party audits. Any lines of coverage or services not provided in this proposal are subject to additional fees agreed upon in advance and in writing. To be determined at time of request agreed upon by the City. 8 EXHIBIT B EMPLOYEE BENEFIT STATEMENTS Our Brinson Benefits Team can produce personalized employee benefit statements that can help the City of Coppell improve employee awareness of employer paid benefits. The average employee is usually not aware that company sponsored comprehensive benefit packages often account for a third or more of employer’s total employee related costs. Standard Cost $15 per Employee Benefit Statement if all required data is delivered by the City in the excel format and worksheet standard as provided by the Brinson Benefits employee benefit statement consulting team. Any deviation from the Brinson Benefits standard format or additional data manipulation on the part of the Brinson Benefits consulting team will result in the application of the additional associated non-standard cost as referenced below: Non-Standard Costs • Data Creation – If data must be obtained and/or input from other sources, or data must be calculated by formula, the costs will be an additional $15.00 per Employee Benefit Statement (Total of $30 per Employee Benefit Statement.) • Revisions – Up to 2 revisions of data or format on the standard layout will be permitted without additional costs following submission of the initial review file. • Additional Revisions – A $100 fee for EACH additional revision or manipulation required of the original data will be added to the total cost. • Custom Layout or Format – An additional cost of $500 will be added to the total for a Custom Format. A choice of 4-5 Standard formats will be offered at no additional charge. • Non-Standard Categories – An additional charge of $1.00 per category per Employee Benefit Statement will be charged. • Postage – If Employee Benefit Statements are to be mailed to the Employee’s home, the postage costs will be at the Client’s expense. The Brinson Benefits team will initiate an initial conference call with the appropriate parties at the City of Coppell in order to establish a time line expectation for the project along with assuring that all parties involved are informed of the parameters of the project. Timeline target dates will change depending on client’s response time to each Timeline element.  OCTOBER 2010 CITY OF COPPELL EXHIBIT C It is the pleasure of Brinson Benefits to present for your consideration... Presented by: Dee Beasley Hayden (972) 788-9118 dee@brinsonbenefits.com Online Enrollment, Management System Offers Multiple Efficiencies benefitsCONNECTSM streamlines enrollment processes, enhances benefits management, and improves information sharing among employees, employers, and insurance providers. How does benefitsCONNECTSM streamline the enrollment process? • Enables efficient data sharing and transferring of benefits information to any third party who can accept electronic files • Produces enrollment forms populated with information entered online by the employees for vendors who require forms • Produces online employee benefit statements • Allows documents, such as SPDs or benefit overviews, to be uploaded for employees to access any time • Includes a modeling component to calculate benefit costs during the enrollment process How does benefitsCONNECTSM enhance benefits management? • Leverages the use of information collected for management reporting purposes. Information can be downloaded into Microsoft Excel or Access to further customize reports • Integrates benefit election data with existing internal systems, such as payroll, HRIS, and other corporate accounting and management systems • Produces vendor billing information • Maintains a chronological transaction log vital to the integrity and accountability of any benefits administration system • Increases accuracy and efficiency by collecting all required employee information the first time It is estimated that over $50 billion is spent annually on duplicative paper processes in the administration of group insurance products. Brinson Benefits’ unique partnership with benefitsCONNECTSM offers a web-based employee benefits enrollment and management system, which can reduce administrative time and costs. Fifth Year Implementation Schedule of Fees Annual Technical and Consulting Support Fees System Development Annual Fee Client Access License(s) Electronic Feed & Distribution UMR—Medical, PBM, HRA & FSA Guardian—Dental Block Vision—Vision Life/Vol Life/LTD—Prudential (no electronic feeds) Cobra Charmers—COBRA/HIPAA (Active & Retire) Total 5th Year Implementation Fee $16,686 Benefits Connect contract term is twelve (12) months. Cli- ent is accountable for twelve (12) months of software access/ administration fees. For purposes of the term of the contract, the one year period begins the first month that employee cen- sus information is loaded in the Benefits Connect sys- tem. For any early termination of the Benefits CONNECT software access/administration arrangement, the remainder of the term of the twelve (12) month contract can not be pro- rated and refunded. 13 EXHIBIT D    ADDENDUM TO PROFESSIONAL SERVICES AGREEMENT  WELLNESS PROGRAM SERVICES    This Agreement (“Agreement”) is entered into by and between Brinson Benefits and City of Coppell, collectively referred  to herein as “the parties”, and establishes the terms, conditions, and consideration under which BRINSON BENEFITS will  provide wellness services to City of Coppell.    The scope of wellness services to be provided by BRINSON BENEFITS and the cost related thereto are defined in this  Exhibit D, including the description of wellness services contained on page 6 of Exhibit D1 based on the proposal prepared  for and presented to City of Coppell.  The scope of services was developed specially for City of Coppell with the specific  concerns and needs of City of Coppell in mind.  It applies only to City of Coppell, and is based on the profile presented by  City of Coppell.  Further, the parties hereto have agreed to the scope of services as detailed on page 4 of Exhibit D1of this  Agreement.      Term of Agreement     This agreement shall be for a period of time beginning October 1, 2010 continuing through September, 2011 which is the  scheduled date for completion of City of Coppell Wellness Program.       Cost and Payment for Services    The cost for services rendered by BRINSON BENEFITS is set forth in this Exhibit D.  Payment of charges for wellness  services for the actual number of benefit eligible employees as of October 1, 2010, shall be payable monthly beginning  October 1, 2010 through September, 2011. Biometric Screenings will be billed separately.  Following is the payment  schedule for 2010‐2011 based on 365 employees:      2010–2011 Program Year (does not include screenings)          October, 2010 through September, 2011 $4,380 per month             Total 2010‐2011     $52,560/Annual      Location of Performance  City of Coppell agrees to provide facilities for the performance of services by BRINSON BENEFITS, including the Wellness  workshops and Biometric Screenings.      BRINSON BENEFITS Not Providing Medical Advice or Diagnosis    The services provided by BRINSON BENEFITS are not a substitute for professional medical advice, examination and  treatment.  BRINSON BENEFITS recommends that all participants confer with his/her own personal physician or health  care professional regarding the need for a full physical, medical work up and screening, and regarding his/her participation  in City of Coppell Wellness Program.  While BRINSON BENEFITS contracts with qualified medical professionals to conduct  the wellness screenings as described on page 6 of the Exhibit D1, the agents, employees and coaches of BRINSON  BENEFITS are not medical/health care professionals, do not practice medicine or any other profession and they will not  at any time offer or provide medical advice, diagnosis or treatment.      Confidential Health Information    This provision applies to all confidential information gathered and/or obtained, whether by electronic means or otherwise.   The information provided to BRINSON BENEFITS by City of Coppell Wellness Program participants in the biometric  screenings, Health Risk Assessment, as well as all information received, gathered and generated by BRINSON BENEFITS as  14 a result of participation by an individual in City of Coppell Wellness Program will remain strictly confidential.  The  information will be provided only to the individual about whom the information pertains, and to the coaches, instructors,  officers, agents and affiliates of BRINSON BENEFITS as necessary for BRINSON BENEFITS’s evaluation and provision of  services as described herein.  No such information will be provided to City of Coppell, or to any agent or representative  of City of Coppell.  In no circumstances will City of Coppell be provided with identifying information regarding a specific  employee.   Instead, as set forth in the Proposal, summary and aggregate reports and information will be provided  which profile the population without identifying individual employees.  PROTECTED HEALTH INFORMATION WILL BE  KEPT CONFIDENTIAL IN ACCORDANCE WITH HIPAA UNLESS EXPRESSLY WAIVED BY THE PARTICIPANT.      Proprietary Information and Confidentiality    Subject only to law requiring otherwise:    Each party agrees to hold the other party’s Proprietary Information in strictest confidence and  represents and warrants that it will use reasonable due diligence so that neither it nor its agents or  employees shall use such Proprietary Information outside the scope of this Agreement, or disclose,  publish, duplicate, reproduce or permit the transfer of, or otherwise make available, directly or  indirectly, such Proprietary Information, in whole or in part, to persons other than the receiving  party’s employees or agents who have a “need to know” for the purposes of this Agreement.  Toward  those ends, each party will use at least the same degree of care to maintain the other party’s  Proprietary Information and to prevent its publication, dissemination or disclosure to third parties as  said party uses with respect to its own Proprietary Information and materials and the information and  materials of its clients.  This section shall survive termination of the Agreement.    The following shall be deemed “Proprietary Information” of BRINSON BENEFITS, respectively, for the  purposes hereof: all information regarding the development, use and operation of the Plans, and any  changes, modifications, enhancements or additions thereto, including but not limited to Exhibit D1 and  attached hereto, related plans outlined in documentation, software, forms, communication materials,  “know‐how” and similar information generally regarded as confidential.    City of Coppell agrees that all of the Proprietary Information of BRINSON BENEFITS is owned and shall  remain the exclusive property of BRINSON BENEFITS.      This Agreement is made and entered into on this _____ day of _______________, 2010 by and between:    Brinson Benefits, Inc.     City of Coppell, Inc.                By:  ___________________________  By: __________________________         Dawn Brinson, President                    Title: __________________________  Title: _________________________            15 EXHIBIT D1    Wellness Services     HEALTH ASSESSMENTS communicate the message to each employee that his/her health status is very  important.  Without knowing the starting point for each employee and for City of Coppell as a  whole, it is difficult to measure any level of change, good or bad.    Health Assessments include:  ƒ Health survey to assess the employees’ preferences for eating, activity,  managing stress, family history, tobacco use, and safety.  This is a simple  questionnaire and takes a few minutes to complete.    ƒ On‐site biometric screenings (in the corporate office) to provide independent  data about the employees’ health.  All information is completely private and  confidential.  The screenings include total cholesterol, HDL, LDL, triglycerides  and glucose from a simple finger prick.  We also measure blood pressure, and  body composition.    Deliverables include:  ƒ Personal Wellness Profile provides each employee who completes the health  survey with detailed information on the health status, makes  recommendations, and gives an overall health score.  The employee will have a  very good snapshot of his/her health profile along with a baseline to measure  progress.  ƒ Aggregate data that is compiled and presented as a Group Summary Report.   This information is used to identify the major health risk issues and is a leading  guide to designing health and wellness activities.  This summary information is  also a benchmark with which to measure future health assessments against as  a measurement of the overall improvement of employee health.    AWARENESS focuses on building skills to learn and incorporate healthy habits through Seminars,  Newsletters, Challenges and Personal Health Coaching.    ¾ Seminars are an integral part of raising the awareness of incorporating healthy habits.   To accommodate different shifts and work schedules, times and locations of the  workshops will be determined.    Examples of topics are:  • Managing High Blood Pressure  • Diabetes Prevention  • Portion Distortion  • Letting Go of Stress  • Get Fiscally Fit  • Goal Setting    ¾ Monthly E‐Newsletters containing helpful hints will be distributed via email monthly.    ¾ Challenges are structured activities whereby employees practice one healthy habit for a  period of time, typically four weeks.  Therefore, everyone takes part in the same activity  at the same time to achieve a stated goal.  Challenges are geared to get the specific  16 habit into the everyday routine‐‐‐tracking tools are provided for each employee to write  down those days they practice the habit.  Challenges can also be organized as team  events to encourage group support.  Examples include:  • Physical Activity—strive for a specific number of minutes or steps  • Fruit and Veggie—incorporate a specified number of fruits and veggies   • Maintain, Don’t Gain—habits to avoid weight gain over the holidays  • Change Game—save your change     ™ EFFECTIVE COMMUNICATIONS  To ensure consistent messaging, communication is a critical piece.  We customize all  communication materials to fit the City of Coppell work culture.  A variety of media to communicate  with employees about the wellness program is important to continue excitement and encourage  participation.    o Build interest though brochures, fliers, posters, banners, paycheck inserts, newsletter  articles, bulletin boards, post cards.  o Staff meetings, company events and word of mouth.  o Timing of communications  o Consistency and frequent communications.  o Kick off meetings to present the program and benefits and answer questions.      ™ PARTICIPATION AND INCENTIVE TRACKING     City of Coppell has demonstrated the commitment to the wellness initiative through the current  incentive program.  Brinson Benefits Wellness will maintain appropriate records and track participation  in all events and provide periodic reporting as necessary.    17   Your  Investment in Wellness       Wellness Program October 1, 2010‐September 30, 2011    ƒ Health Survey with individual Personal Wellness Profiles mailed to employee’s home  ƒ Two custom health workshops  ƒ Four custom challenges, including all supporting materials  ƒ Monthly newsletters mailed to employee’s home  ƒ Participation and Incentive Tracking and Reporting  ƒ Program Administration and Coordination  ƒ Employee Satisfaction Survey     $12.00 per employee per month    $     Biometric Screenings:    • Finger stick method to measure total cholesterol, LDL, HDL, triglycerides, and glucose.   Include blood pressure, body fat, BMI and waist measurement.    $45 per participant          The above does not include costs for additional services such as flu shots, weight management programs, smoking cessation  programs, incentive rewards, prizes, fruit deliveries, healthy snacks, annual health fair, printing, graphic design work, custom  programming, or travel outside DFW area.  Any additional services not provided in this Exhibit are subject to additional fees  agreed upon in advance and in writing.    18 EXHIBIT E    ADDENDUM TO Brinson Benefits, Inc. PROFESSIONAL SERVICES AGREEMENT  Consult A Doctor  Mr. Clay Phillips City of Coppell 255 Parkway Coppell, TX 75019 Phone; 972-304-3613 Fax; 972-304-3635 Re: Service Agreement between Consult A Doctor, Inc., a Delaware corporation (“CADR”), and City of Coppell a Coppell, TX municipality (“Customer”), and consented to by Brinson Benefits., a Dallas, TX corporation (“Reseller”) Dear Mr. Phillips: CADR is pleased to provide your company with our telemedicine services pursuant to the terms and conditions of this letter (“Letter”) and the following exhibits and schedules (collectively, the “Agreement”): Exhibit A - Terms and Conditions Schedule A - Description of Services Schedule B - Pricing While it is important to have an Agreement, having a relationship with our customers is our highest priority. CADR is committed to customer service and satisfaction. Please acknowledge your acceptance of the terms and conditions of this Agreement by signing and dating this Letter in the space provided below and returning a signed copy of this Agreement to me. Thank you, and we look forward to providing you with our telemedicine services. Consult A Doctor, Inc. By: _______________________________ Name and Title: Wolf Shlagman, CEO Address: 846 Lincoln Rd., 5th Floor Miami Beach, FL 33139 Acknowledged and Agreed to by Customer: Acknowledged and Consented to by Reseller: Pate Rehabilitation Endeavors, Inc. Brinson Benefits, Inc. By: __________________________ By: __________________________ Name: Clay Phillips Name: Stephanie Dawn Brinson Title: City Manager Title: President Date: October 1, 2010 (“Effective Date”) Date: October 1, 2010 Address: 255 Parkway Coppell, TX 75019 Address: 12720 Hillcrest Rd., Suite 810-b ` Dallas, TX 75230 19 EXHIBIT A TERMS AND CONDITIONS 1. SERVICES. During the Term (as defined below) and on a non-exclusive basis, CADR will provide Customer with the CADR telemedicine services set forth on the attached Schedule A (“Services”) for use by Customer’s employees, including their legal dependents (collectively, “Members” as more specifically defined on the attached Schedule B). 2. DUTIES OF THE PARTIES. A. Duties of CADR. CADR shall (i) deliver and support the Services; (ii) manage and securely maintain a database of Member profile information provided by Customer; and (iii) provide Customer with utilization reports. CADR may discontinue any Service without liability at any time; provided, however, CADR will use reasonable efforts to notify Customer and Members in advance of any such discontinuation. B. Duties of Customer. Customer shall (i) promote the use of the Services to Members; (ii) submit to CADR enrollment and eligibility information from Members; (iii) provide updated enrollment and eligibility information to CADR on a monthly basis; (iv) promptly distribute any Member identification and password information which may be provided by CADR to enable each Member to activate their account and use the Services; (v) bill and collect all payments from Members, if applicable; and (vi) timely make all payments to CADR. 3. PRICING AND PAYMENT. Customer shall pay CADR (i) a per Eligible Member, per month fee (“PEPM Fee”) as set forth on the attached Schedule B; and (ii) any other fees as indicated on the attached Schedule B. CADR will invoice Customer on the basis indicated on Schedule B, and all payments will be due in advance and upon receipt of invoice. Any payment not received by CADR on or before the due date shall bear interest commencing 15 days after the due date until paid in full at the lesser of one and one half percent (1½%) per month or the maximum rate allowed by applicable law. CADR reserves the right to change the PEPM Fee and other fee pricing for any future Effective Period upon providing written notice to Customer at least sixty (60) days prior to the expiration of the then-current Effective Period. Customer is solely responsible for billing and collecting all monies due, if any, from Members in connection with the Services. All amounts shall be payable by Customer to CADR without right of setoff, deduction or demand. 4. TERM AND TERMINATION. Unless otherwise set forth in the Letter, this Agreement shall be effective for one (1) year, commencing on the Effective Date, and shall automatically renew for additional one-year periods on each anniversary of the Effective Date. Each one-year period of this Agreement (or such shorter or longer period of effectiveness as mutually agreed to by CADR and Customer) is referred to as an (“Effective Period”) and collectively all of the Effective Periods of this Agreement are referred to as the (“Term”). Either party may terminate this Agreement by providing written notice to the other party at least thirty (30) days prior to the expiration of the then-current Effective Period. Either party may also terminate this Agreement at any time by providing the other party at least thirty (30) days prior written notice; provided, however, if Customer accepts an initial discount or free trial period offered in the Letter and accepts an Effective Period beyond the Trial Period, Customer may not terminate this Agreement prior to the end of the first Effective Period following the Trial Period. CADR may immediately terminate this Agreement upon written notice to Customer if Customer (i) fails to make any payment to Reseller when due and such failure continues for a period of fifteen (15) days following written notice of such failure by CADR to Customer; or (ii) breaches any provision of this Agreement. 5. OWNERSHIP. All materials, including all copyrights, trademarks, logos and other identifying marks (collectively “Materials”) provided by CADR to promote and/or provide information about the Services are and shall remain the exclusive property of CADR. All Materials are proprietary and may not be reproduced, duplicated or disseminated for any purpose other than to promote and/or inform Customer and Members about the Services. ConsultADoctor.com, and any other Web site(s) made available by CADR for promotion and/or use of the Services (collectively, the “Web Site”), are and shall remain the exclusive property of CADR. 6. NON-DISCLOSURE. CADR and Customer both agree, except as otherwise set forth in this Agreement and unless otherwise required by law or compelled by a court of competent jurisdiction, not to disclose the terms and/or conditions of this Agreement or any information provided to the other party with respect to this Agreement or the Services to a third party, without the prior written consent of the other party. 20 7. REPRESENTATIONS AND WARRANTIES. A. CADR represents and warrants to Customer that CADR will abide by and comply with the Health Insurance Portability and Accountability Act of 1996 with respect to any personal medical information provided to CADR by Customer and/or a Member. B. Customer represents and warrants to CADR that Reseller acknowledges, understands and agrees that (i) the physicians providing services in connection with the Services will not treat severe and/or emergency conditions as part of the Services and may recommend that Members visit their primary care physicians, specialists or local facility if deemed appropriate, in the sole and absolute discretion of such physicians; and (ii) when a Member provides prior written permission, physicians providing services in connection with the Services will facilitate continuity of care. C. Each party represents and warrants to the other party that (i) it has the full right, power and authority to enter into and to perform this Agreement; (ii) the execution, delivery and performance of this Agreement has been duly authorized by all necessary corporate action; and (iii) this Agreement constitutes a valid and binding obligation of such party, enforceable against it in accordance with its terms, subject to applicable bankruptcy, insolvency, reorganization, moratorium and other laws affecting the rights of creditors generally. D. DISCLAIMER OF WARRANTIES. CADR DOES NOT WARRANT THE UNINTERRUPTED OR ERROR-FREE OPERATION OR PROVISION OF THE SERVICES. ALL INFORMATION, MATERIALS AND SERVICES ARE PROVIDED TO CUSTOMER AND/OR ANY MEMBER “AS IS”. EXCEPT AS SPECIFICALLY SET FORTH IN THIS AGREEMENT, CADR HEREBY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON- INFRINGEMENT. CADR MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE SATISFACTION OF GOVERNMENT REGULATIONS REQUIRING DISCLOSURE OF INFORMATION ON PRESCRIPTION DRUG PRODUCTS, OR ANY TREATMENT, ACTION OR APPLICATION OR PREPARATION OF MEDICATION BASED ON INFORMATION OFFERED OR PROVIDED THROUGH THE SERVICES. 8. LIMITATION OF LIABILITY. NEITHER PARTY WILL BE LIABLE TO THE OTHER PARTY OR ANY THIRD PARTY FOR ANY OF THE FOLLOWING ARISING OUT OF THIS AGREEMENT AND/OR THE SERVICES: ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, WHETHER BASED UPON BREACH OF WARRANTY, BREACH OF CONTRACT, NEGLIGENCE, STRICT TORT OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. CUSTOMER ACKNOWLEDGES AND AGREES THAT CADR’S AGGREGATE LIABILITY TO CUSTOMER FOR ANY DAMAGES, LOSSES, FEES, CHARGES, EXPENSES AND/OR LIABILITIES ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT AND/OR THE SERVICES SHALL NOT EXCEED THE FEES PAID BY CUSTOMER PURSUANT TO THIS AGREEMENT FOR THE ONE (1) MONTH PERIOD PRIOR TO THE FIRST OCCURRENCE OF THE APPLICABLE DAMAGES, LOSSES, FEES, CHARGES, EXPENSES AND/OR LIABILITIES. 9. INDEMNIFICATION. Each party (each, the “Indemnifying Party”) agrees to defend, indemnify and hold harmless the other party and the other party’s owners, officers, directors, employees, contractors, representatives, agents and affiliated entities (collectively, the “Indemnified Parties”) from and against any third party claims (each, a “Claim”) arising out of or in connection with any breach of this Agreement by the Indemnified Party including, without limitation, a breach of any representation, warranty, covenant or obligation under this Agreement. The Indemnified Party shall promptly notify the Indemnifying Party in writing of any Claim and shall reasonably cooperate with the Indemnifying Party in the defense of such Claim. 10. GENERAL TERMS. This Agreement is the entire agreement between CADR and Customer and supersedes any prior understandings or written or oral agreements between CADR and Customer with respect to the subject matter of this Agreement. No waiver of a breach of any provision of this Agreement by any party shall be construed as a waiver of a subsequent breach of the same or any other provision of this Agreement. Customer’s obligation to pay for any Services received by CADR and each of the provisions of Sections 5 through 12 shall survive the expiration or earlier termination of this Agreement. The invalidity of any provision of this Agreement shall not affect the enforceability of the remaining Agreement or any other provision of the Agreement. All exhibits and schedules to this Agreement are true, correct and are hereby incorporated into by reference and made a part of this Agreement. This Agreement shall be binding upon, inure to the benefit of, and be enforceable by CADR and 21 Customer and their successors and assigns. This Agreement shall not be construed to give any person other than CADR and the Customer any legal or equitable right, remedy or claim under or with respect to this Agreement. This Agreement may only be amended or changed pursuant to a written document duly executed by both CADR and Customer. This Agreement will not create a joint venture, partnership or other formal business relationship or entity of any kind, or an obligation to form any such relationship or entity. Each party will act as an independent entity and not as an agent of the other party for any purpose, and neither will have the authority to bind the other. 11. NOTICES. All notices and other communications required pursuant to this Agreement shall be written and shall be delivered by hand-delivery or by nationally recognized overnight delivery service (such as FedEx, UPS, DHL or USPS Express Mail). All such notices and other communications shall be addressed to the parties at the addresses set forth in the Letter or to such other address as a party may designate by notice complying with the terms of this Section. Each such notice shall be deemed delivered (i) on the date delivered if by hand-delivery; or (ii) on the date delivered or the date delivery is refused by the recipient, if by nationally recognized overnight delivery service. 12. DISPUTE RESOLUTION. Except as otherwise specifically set forth in this Agreement, the parties hereby agree to resolve any and all controversies, claims and/or disputes arising out of this Agreement (each, a “Dispute”) solely pursuant to the terms of this Section. A. Management Resolution. All Disputes shall first be referred to the parties’ authorized representatives for discussion and resolution of the Dispute (“Management Resolution”), which representatives are the individuals who have executed this Agreement on behalf of their party. B. Arbitration. If Management Resolution fails to resolve the Dispute, then the Dispute shall be resolved by final, binding arbitration (“Arbitration”) administered by the American Arbitration Association (“AAA”) under the AAA’s Commercial Arbitration Rules. In the event of any Arbitration, action to compel Arbitration, action to enforce an Arbitration award or action to seek injunctive relief pursuant to this Agreement, the prevailing party in such proceeding shall be entitled to an award of their reasonable attorneys’ fees and costs for each such proceeding, including the Arbitration, trial and for all levels of appeal. C. Governing Law; Venue; Jurisdiction. This Agreement shall be governed by, and construed in accordance with, the laws of the State of Florida (without giving effect to principles of conflicts of laws). For any action to compel Arbitration, enforce an Arbitration award or seek injunctive relief pursuant to this Agreement, the parties hereby expressly consent to the (i) venue of Miami-Dade County, Florida, USA, and each party hereby expressly waives any objection to such venue based upon forum non-conveniens or otherwise; and (ii) jurisdiction of the state and/or federal courts in and/or for Miami-Dade County, Florida, USA. D. Injunctive Relief; Cumulative Remedies. Each party acknowledges and agrees that a violation or breach of any of the ownership or non-disclosure provision of this Agreement could cause irreparable harm to the non- breaching party for which monetary damages may be difficult to ascertain or an inadequate remedy. Therefore, each party will have the right, in addition to its other rights and remedies, to seek and obtain injunctive relief for any violation of the ownership or non-disclosure provisions of this Agreement, and each party hereby expressly waives any objection, in any such equitable action, that the other party may have an adequate remedy at law. The rights and remedies set forth in this Agreement are cumulative and concurrent and may be pursued separately, successively or together. 22 SCHEDULE A DESCRIPTION OF SERVICES 1. CADR provides a network of licensed physicians and specialists accessible via telephone or secure email. 2. Coverage for Members, including legal dependents. 3. Membership Cards with unique Members identification number for each Member. 4. Physician Consultations - Available 24 hours per day, 7 days per week, and 365 days per year. a. BY PHONE Members access to a special Member only toll-free number. i. On Call: ask medical questions, NO medication can be ordered. ii. Priority: Usually within 1 hour, guaranteed within 3 hours. Requires receipt of a completed Medical Assessment and History Questionnaire to create a physician/patient relationship and for medication to be ordered. iii. By Appointment: available by next day. Requires receipt of a completed Medical Assessment and History Questionnaire to create a physician/patient relationship and for medication to be ordered. b. ONLINE i. E-Consult: Secure email consultation with a physician through our secure messaging system. Ask medical questions. NO medication can be ordered. 5. Prescription Program - Only Members who have accurately and fully completed the Medical Assessment and History Questionnaire and established a physician/patient relationship, are eligible to receive medications. NO controlled medications are available through CADR. 6. Member Services Toll Free Support: Members have access to Member only toll-free support, 24/7. 7. Member Health Portal/ My Personal Health Manager (MyPHM) a. My Health Library - Access medical library containing thousands of health topics from trusted medical sources. b. My Symptom Checker - Interactive tool shows possible conditions based on Members’ input of symptoms. c. My Electronic Medical Record (MyEMR) - Members will have ability to store, update, maintain and transmit partial or entire medical records. d. Health Risk Assessment Tools - Empower Members to review lifestyle factors and health risks. e. My Message Center - Secure email medical consultations. f. My Consult Center - Order a consult by appointment and other services and products. 8. Physician Response Times: a. Tele-Consult On-Call – Within approximately 5 minutes. b. Tele-Consult By Appointment – Within approximately 24 hours. c. Tele-Consult Priority --Within approximately 1 hour, but no later than within 3 hours. d. E-Consult – Within approximately 2 to 3 hours. 9. System Availability - commercially reasonable efforts to make the Services available in full at all times. 10. Reports - access to utilization reports of the Members for Customer’s review. 23 SCHEDULE B – Group Program PRICING MEMBERS:1 ~Full-Time Employees ~Legal Dependents up to five (5) …Part-Time Employees Total Members Covered: __365____________ PLAN SUBSCRIBED: … COMPLETE … COMPLETE PLUS ; UNLIMITED RECURRING PEPM FEES: … Member Only $_____________ ; Member + Dependents $2.00 PEPM BILLING CYCLE: … Quarterly ; Monthly … Yearly Member Registration Fees Paid by: … Member … Customer ; Waived Dependent Registration Fees Paid by: … Member … Customer ; Waived Consultation Fees: On Call $ 00.00 Paid by: ; Included … Member … Customer By Appointment $ 34.95 Paid by: ; Included … Member … Customer Priority $ 39.95 Paid by: ; Included … Member … Customer E-Consult $ 00.00 Paid by: ; Included … Member … Customer Additional Fees: Members who choose to complete their Medical Assessment and History Questionnaire by telephone with a Member support agent will be charged an additional Ten Dollars ($10). WAIVED for UBA Members. 1 The term “Member” means each employee of Customer, including up to 5 legal dependents of each employee. Only employees, and not legal dependents, are included in the count of Members for calculating the PEPM Fee. WORK SESSION CONSENT REGULAR DEPT: DATE: ITEM #: AGENDA REQUEST FORM ITEM TYPE: ITEM CAPTION: GOAL(S): EXECUTIVE SUMMARY: FINANCIAL COMMENTS: RECOMMENDED ACTION: ACTION TAKEN BY COUNCIL: Human Resources July 27, 2010 9/E ✔ CONTRACT/BID or PROPOSAL Consider approval of awarding a Request for Proposal (RFP) #0101 for the procurement of medical stop loss insurance to ING in the amount of $304,685 and authorizing to City Manager to sign all necessary documents. Please see attached memorandum. Funds are budgeted in the Self Insurance Fund for this agreement. Staff recommends approval. &ING-1AR MEMORANDUM TO: Mayor and City Council FROM: Vivyon V. Bowman, Director of Administration/Human Resources DATE: July 20, 2010 SUBJECT: Award of Request for Proposal (RFP) #0101 for Specific and Aggregate Stop Loss Insurance Please find the attached the tabulation sheet regarding RFP #0101 for self funded stop loss and medical/Rx services as reviewed and recommended by the Management Insurance Committee and Brinson Benefits. Staff’s recommendation is to renew with our current stop loss carrier, ING. I have attached ING’s renewal proposal that specifies the coverage limits of $110,000 specific stop loss deductible per person with a $50,000 aggregating corridor, unlimited life-time maximum and medical/Rx plan protection for a total annual premium cost of $304,685.00. This renewal premium is savings of $ 6,567.00 over last year’s premium costs. 15455 Dallas Parkway. Suite 1250 Tel: 972-419-5760 Addison, TX 75001 Fax: 972-419-5781 Clifton Browning Senior Regional Manager July 16, 2010 City of Coppell Purchasing Department 255 Parkway Blvd. Coppell, TX 75019 Re: City of Coppell, Excess Risk Insurance, Group No. 66677-7 Dear Purchasing Manager: We are pleased to offer the preliminary renewal for the City of Coppell for an effective date of October 1, 2010. This renewal is based upon the current leveraged trend factors, market conditions, plan designs and current demographic factors. The aggregate renewal is based upon the experience of the group and current trend. Any plan changes may affect this renewal and need to be disclosed prior to the renewal acceptance. Please have this renewal form signed and returned to me. ING Employee Benefits is dedicated to providing innovative products, competitive pricing and exceptional customer service. Our broad portfolio is designed to meet employer needs through our employer paid products and employee needs through our voluntary worksite products. If we can assist with any additional products, please contact me. I welcome the opportunity to renew this group with you and look forward to our future endeavors. Thank you for your continued business with ING Employee Benefits. Sincerely, Clifton Browning Clifton Browning Senior Regional Manager Page 1 of 4 Page 2 of 4 Excess Risk Renewal Proposal City of Coppell Group Policy Number: 66677-7 Effective: October 1, 2010 Individual Excess Risk Insurance: Current Plan Renewal Option 1 Renewal Option 2 Renewal Option 3 Renewal Option 4 Covered Benefits Medical & Rx Medical & Rx Medical & Rx Medical & Rx Medical & Rx Claim Basis Paid in 12 months and incurred 10/1/08 of after Paid in 12 months and incurred 10/1/08 of after Paid in 12 months and incurred 10/1/08 of after Paid in 12 months and incurred 10/1/08 of after Paid in 12 months and incurred 10/1/08 of after Specific Deductible $95,000 $95,000 $95,000 $110,000 $110,000 Aggregating Deductible $50,000 $50,000 $50,000 $50,000 $50,000 Employee Rate: $ 41.76 $ 42.65 $ 40.50 $ 39.70 $ 37.70 Dependent Rate: $ 75.75 $ 92.10 $ 87.50 $ 72.00 $ 68.40 EE + Family Rate: $117.51 $134.75 $128.00 $111.70 $106.10 Est. Annual Premium: $302,745 $351,177 $333,600 $287,789 $287,613 Annual Maximum Lifetime Maximum $2,000,000 Unlimited Unlimited $2,000,000 Unlimited Unlimited Unlimited $2,000,000 $2,000,000 Average No. of EES 352 352 352 352 352 Dependent Units 139 139 139 139 139 ACCEPTANCE: x Aggregate Excess Risk Insurance: Current Plan Renewal Option 1 Renewal Option 2 Renewal Option 3 Renewal Option 4 Covered Benefits Medical and Rx Medical and Rx Medical and Rx Medical and Rx Medical and Rx Annual Maximum $1,000,000 $1,000,000 $1,000,000 $1,000,000 $1,000,000 Expected Claims Rate Employee: $538.75 $614.53 $614.53 $626.82 $626.82 Aggregate Corridor 125% 125% 125% 125% 125% Aggregate Factor $673.44 $768.16 $768.16 $783.53 $783.53 Aggregate Premium: $4.00 $4.00 $4.00 $4.00 $4.00 Page 4 of 4 Manage the Effects of Leveraged Trend Medical trend is the anticipated annual increase in medical claims from year to year. Trend will take into account a number of components that affect the average cost of medical coverage and therefore, will also influence stop loss rates. Components of medical trend include: Plan Design Utilization Patterns Demographics Technology Network Cost Shifting These components are the reasons why medical trend is greater than inflation as reported and measured by the CPI (Consumer Price Index). Medical trend gets leveraged when parties responsible for medical claims do not maintain the same proportional share of the risk from year to year. The following is an example of the effects of leveraged trend. In Year 1, self funded plan elects a $150,000 specific stop loss deductible. There is an individual claim in the amount of $225,000. The first $150,000 is the employer’s responsibility and the remaining $75,000 is reimbursed by the stop loss carrier. In Year 2, that same claim of $225,000 with 15% trend will now be at $259,000. If the deductible level stays constant at $150,000, the first $150,000 is the employer’s responsibility and the remaining $109,000 is reimbursed by the stop loss carrier. The outcome is that 15% trend produces a 45% increase to the stop loss carrier’s claim and 0% increase to the employer. If the stop loss deductible is left at the same dollar level year after year, the employer’s risk actually decreases as the overall claim level rises. Conversely, the insurer’s risk is increasing and, in response, rates are increased beyond medical trend. In order to eliminate the leveraging affect, the plan sponsor should increase their specific deductible by trend each year, essentially retaining the same proportion of the risk. It is also important to note that the leveraging affect will increase as the stop loss deductible level increases. $225,000 Claim with 15% Trend in Year 2 Spec Level at$150,000 $150,000 $150,000 $75,000 $109,000 $- $50,000 $100,000 $150,000 $200,000 $250,000 $300,000 Year 1 Year 2 Employer's Responsibility Insurer's Responsibility 45% 0% City of Coppell10.1.2010FINALISTS Renewal Analysis - $110,000 Stop Loss with Aggregating SpecificCensus Information for Reinsurance Costs Single213Family139Total352SOLDProposed Vendors:Current Initial Renewal Option 1 Claims AdministratorUMR UMR UMR Stop Loss CarrierING ING ING PPO NetworkUHC Options UHC Options UHC OptionsReinsurance Coverage: Specific Deductible/Person$95,000 with 50k Agg. Spec. $110,000 with 50k Agg. Spec. $110,000 with 50k Agg. Spec. Contract Basis24/12 24/12 24/12 Lifetime Maximum Benefit/Person$2,000,000 Unlimited LTM/2M Annual Unlimited LTM/Unlimited Annual Specific CoverageMedical & Rx Medical & Rx Medical & Rx Aggregate CoverageMedical & Rx Medical & Rx Medical & RxReinsurance Costs: Specific Reinsurance Premium (Single) $41.76 $41.76 $39.70 Specific Reinsurance Premium (Family) $117.51 $117.51 $111.70 Aggregate Reinsurance Premium $4.00 $4.00 $4.00 Monthly Medical/Rx Aggregate Factor (Single) $673.44 $783.53 $783.53 Monthly Medical/Rx Aggregate Factor (Family) $673.44 $783.53 $783.53Monthly Reinsurance Premiums (fixed) $26,637 $26,637 $25,390Monthly Aggregate Attachment Point (claims) $237,051 $275,803 $275,803Annual Reinsurance Costs (premium + claims) $3,164,252 $3,629,272 $3,614,316Fully Insured Transplant Costs: Fully Insured Transplant Premium Single$3.74$3.74 $3.74 Family$8.52$8.52 $8.52Monthly Fully Insured Transplant Premiums $1,981 $1,981 $1,981Administration Costs: Medical Plan Administration Fee $18.32 $18.65 $18.60 Rx Administration - PBM $1.75 $1.75 $1.75 COBRA / HIPAA Administration Fee (paid annual in advance) $1.36 $1.36 $1.36 Wellness$12.00 $12.00 $12.00 Brinson Benefits (Consulting & Purple Card) $12.91 $13.30 $13.30 UR UMR (and Wellness Coaching 2010 only, term'd 10/1/2010) $5.50 $3.05 $3.05 Consult-a-Doctor (new effective 10/1/2010) $0.00 $2.00 $2.00 Preferred Provider Network Fee $10.40 $10.95 $10.95Monthly Administrative Fixed Costs $19,973 $21,123 $21,105Group Totals: Annual Reinsurance Cost $319,641 $319,641 $304,685 Annual Fully Insured Transplant Premiums $23,771 $23,771 $23,771 Annual Administration Cost $239,675 $253,477 $253,265Annualized Fixed Cost $583,087 $596,889 $581,721Expected Aggregate Stop Loss (Expected Claims) $2,275,688 $2,647,705 $2,647,705Annualized Aggregate Stop Loss (Maximum Claims) $2,844,611 $3,309,631 $3,309,631Aggregating Specific Potential Liability $50,000 $50,000 $50,000Attached Laser Liability $0 $0 $0Expected Annual Fixed + Claim Cost $2,908,776 $3,294,593 $3,279,425Maximum Annual Fixed + Claim Cost $3,477,698 $3,956,519 $3,941,352Percentage Change:Reinsurance Cost0.00%-4.68%Administration Cost5.76% 5.67%Expected Claims16.35% 16.35%Aggregate Stop Loss16.35% 16.35%Fixed Renewal Cost (Reinsurance + Administration)2.37% -0.23%Expected Renewal Cost (Fixed + Expected Claims)13.26% 12.74%Maximum Renewal Cost (Fixed + Maximum Claims)13.77% 13.33%Additional CommentsCity of Coppell7/14/2010 WORK SESSION CONSENT REGULAR DEPT: DATE: ITEM #: AGENDA REQUEST FORM ITEM TYPE: ITEM CAPTION: GOAL(S): EXECUTIVE SUMMARY: FINANCIAL COMMENTS: RECOMMENDED ACTION: ACTION TAKEN BY COUNCIL: Human Resources July 27, 2010 9/F ✔ CONTRACT/BID or PROPOSAL Consider approval of awarding a Request for Proposal (RFP) #0101 to Prudential Insurance Company of America (Prudential) for group Life/AD&D insurance in the amount of $52,428.00 and long term disability insurance in the amount of $41,028.00 for a total premium of $93,456.00 and authorizing the City Manager to sign all necessary documents. Please see attached memorandum. Funds for this agreement are budgeted in the Self Insurance Fund. Staff recommends approval. &Prudential-1AR Memorandum TO: Mayor and City Council FROM: Vivyon V. Bowman, Director of Administration / Human Resources DATE: July 20, 2010 SUBJECT: Award of Request for Proposals (RFP) #0101 for the City of Coppell Life, AD&D and Long Term Disability Insurance Benefits The Staff Management Insurance Committee along with the City's benefit consultant, Brinson Benefits have reviewed Request for Proposals for Life , AD& D and Long Term Disability (LTD) Insurance and are recommending that we award the proposal to Prudential Insurance Company of America. The rates received from Prudential of $41,028.00 for Life and AD&D and $52,428 for LTD insurance not only represents a combined savings of $30, 247.00 over the our current insurance carrier for these benefits, but also provides a increased life benefit of 2 x annual salary up to $400,000 versus the current benefit of 2 x annual salary up to $250,000. I have attached for your review, the final tabulation sheets for Life, AD&D and LTD as well as proposal provided by Prudential for your review. Proposal to Provide Group Life and Disability For: CITY OF COPPELL • Basic Term Life Insurance • Basic Accidental Death and Dismemberment Insurance • Optional Term Life Insurance • Optional Accidental Death and Dismemberment Insurance • Dependent Term Life Insurance • Long Term Disability Insurance NOTICE REGARDING PRODUCER COMPENSATION This notice applies only if your producer is receiving commission and/or supplemental compensation. Producers who place business with The Prudential Insurance Company of America (Prudential) may be eligible to receive commissions and supplemental compensation unless you advise us otherwise. Commissions are payable as a percentage of paid premiums or a fixed dollar amount for as long as the producer is recognized as the Producer of Record on your policy. Under Prudential's Supplemental Commission Program (SCP), supplemental compensation ranges from 0% to 7% of group insurance premium. The actual percentage payable under Prudential's SCP is determined based on the aggregate annual premium due on eligible cases that your producer has inforce with Prudential. The cost of supplemental compensation is not charged directly to policies. As a result, your rates are unaffected whether or not your producer receives supplemental compensation. You or your producer can elect to opt out of Prudential's SCP. More information about eligibilty criteria and payment calculation under Prudential's SCP can be found on Prudential's website at www.prudential.com/SCP. Questions regarding producer compensation can be e-mailed to Grplns@prudential.com. Or, if you would like to speak to someone about producer compensation, contact your Prudential representative or call 888-778-6639 from 8:00 a.m. to 5.00 p.m. Eastern time GL.2008.148 Ed. 0908 Real Challenges Demand Real Solutions Competitive Solutions for Your Business For more than 90 years, business owners have trusted The Prudential Insurance Company of America to help them save money and attract and retain top talent. In today’s business climate there is no room for waste. With tighter budgets and leaner workforces, every dollar and every effort counts. That’s why our combination of flexible products, competitive pricing, and responsive customer service has made us a top choice among employers of all sizes. Prudential is financially strong—for our latest ratings, please visit www.investor.prudential.com. The balanced mix of risks and businesses that we’ve built since becoming a public company in 2001, positions us well to manage through all economic environments. We consistently lead the market with options that both address and anticipate marketplace trends, and business challenges. Innovative Technology Services Prudential offers a wide range of online and Interactive Voice Response (IVR) services that make it easy to enroll employees;provide eligibility information; initiate claims; claim, and payment status; access standard and custom reports; update billing information; and access forms. Efficient Medical Underwriting Services Available in English and Spanish, Prudential’s online Evidence of Insurability (EOI) screening provides instant results 60% of the time. When our paper EOI forms are used, our scanning and imaging technology will help speed the process so that coverage begins as quickly as possible. Prudential's Enrollment Solutions Center(ESC) Our Enrollment Solutions Center provides administrative, processing, call center, and reporting services for groups with 250 lives or more at no additional cost. It reduces the administrative burden associated with enrolling for voluntary products and services by providing a single source for both employer and employee support. The ESC supports open enrollments, re-enrollments, and annual enrollments at no additional cost to you or your employees. In addition, our user friendly enrollment website gives employees personalized information about enrollment that they can react to—like coverage choices and premium per pay period. Knowledgeable Customer Service You will work with a team of some of the best in the business—a team you can count on for answers when you need them. Our customer service operations center is your single point of contact. Associates are available to answer questions and resolve issues from 8:00 a.m. to 8:00 p.m. Eastern time, Monday through Friday. Calls made outside normal business hours are returned within 24 hours or on the next business day. Client-Focused Performance Standards Our proprietary system helps ensure fast, accurate claim decisions. In fact, Prudential routinely meets or exceeds our high standards for claims decisions and processes claims with a high level of transactional and financial accuracy.In the 2009 Group Insurance Client Satisfaction Survey, 98% of our clients said that they were satisfied with the value of Prudential's products and services. Group Insurance Proposal - Life Prepared for:CITY OF COPPELL Effective date: October 1, 2010 Proposal Expiration: October 15, 2010 Life Benefit Summary Option 1 Effective Date October 1, 2010 Benefit Plan Type 2x Base Ann. Earn. Waiver of Premium Provision Applies, to Age 65 Age Reduction Schedule 35% @ age 65, 50% @ age 70 Guaranteed Issue Amount $400,000 Plan Maximum $400,000 Plan Minimum $10,000 Accelerated Benefit Option Amount 90% to $400,000 Accelerated Benefit Option Type 12 month life expectancy Termination At Retirement Conversion Applies Contribution Status Non-Contributory Expected Participation 100% Participation Definition of Earnings Standard Actively At Work Provision Applies Proposal Id: 2010138010 (12) July 13, 2010 Page 4 Group Insurance Proposal - Life Prepared for:CITY OF COPPELL Effective date: October 1, 2010 Proposal Expiration: October 15, 2010 Life Rate Summary Option 1 Estimated Lives 355 Estimated Volume $40,082,600 Monthly Rates $0.090 Rate Basis Per $1,000 Monthly Premium $3,607.43 Rate Guarantee Period 36 Months Class Description Class 1: All Active FT Employees Proposal Id: 2010138010 (12) July 13, 2010 Page 5 Group Insurance Proposal - AD&D Prepared for:CITY OF COPPELL Effective date: October 1, 2010 Proposal Expiration: October 15, 2010 AD&D Benefit Summary Option 1 Effective Date October 1, 2010 Benefit Plan Type Same As Life Termination At Retirement AD&D Coverage Type 24 Hours AD&D Additional Benefits Applies Actively At Work Provision Applies Travel Assistance Applies - $0.035/Per Employee Per Month fee included in rate Seat Belt Benefit Lesser of 10% or $10,000 Air Bag Benefit Lesser of 10% or $10,000 Spouse Tuition Reimbursement Lesser of 1%, $2,500 or the Tuition amount Child Tuition Reimbursement Lesser of 1%, $2,500 or the Tuition amount Day Care Expense Benefit Lesser of 1%, $2,000 or the Annual Day Care Fee Return of Remains Lesser of $2,500 or the Actual Covered Funeral Expenses Felonious Assault Benefit 5% of Payable Amount Loss Due to Exposure and Disappearance Benefit Payable After 1 year of Disappearance Loss Due to Coma 1% of Payable Amount Per Month up to 11 Months AD&D Rate Summary Option 1 Estimated Lives 355 Estimated Volume $40,082,600 Monthly Rates $0.019 Rate Basis Per $1,000 Monthly Premium $761.57 Rate Guarantee Period 36 Months Class Description Class 1: All Active FT Employees Proposal Id: 2010138010 (12) July 13, 2010 Page 6 Group Insurance Proposal - Optional Life Prepared for:CITY OF COPPELL Effective date: October 1, 2010 Proposal Expiration: October 15, 2010 Optional Life Benefit Summary Option 1 Effective Date October 1, 2010 Benefit Plan Type Incremental Coverage in Increments of $10,000 Minimum Amount Available $10,000 Maximum Coverage Available Lesser of 7x Earnings or $500,000 Guaranteed Issue Amount $200,000 Age Reduction Schedule 35% @ age 65, 50% @ age 70 Waiver of Premium Provision Applies, to Age 65 Termination At Retirement Accelerated Benefit Option Amount 90% to $500,000 Accelerated Benefit Option Type 12 Month life expectancy Portability Applies Actively At Work Provision Applies Minimum Participation Greater of 10 lives or 15% Increase in Coverage without Medical Evidence of Insurability Allowed during Annual Enrollment Yes, Increase 4 increments/salary multiples Annual Increase without Medical Evidence Maximum Lesser of 4 increments/salary multiplies and Flat Dollar Amount Maximum Dollar Amount $40,000 Proposal Id: 2010138010 (12) July 13, 2010 Page 7 Group Insurance Proposal - Optional Life Prepared for:CITY OF COPPELL Effective date: October 1, 2010 Proposal Expiration: October 15, 2010 Optional Life Rate Summary Option 1 Estimated Lives 53 Estimated Volume $5,517,000 Monthly Rates See Step Rates Rate Basis Per $1,000 Estimated Monthly Premium $1,308.58 Rate Guarantee Period 36 Months Step Rates Option 1 Age Bracket Per $1,000 0 - 19:$0.056 20 - 24:$0.068 25 - 29:$0.081 30 - 34:$0.086 35 - 39:$0.107 40 - 44:$0.142 45 - 49:$0.212 50 - 54:$0.345 55 - 59:$0.586 60 - 64:$0.928 65 - 69:$1.536 70 - 74:$2.668 75 - 79:$4.440 80 - 84:$7.624 85 +:$34.866 Class Description Class 1: All Active FT Employees Proposal Id: 2010138010 (12) July 13, 2010 Page 8 Group Insurance Proposal - Optional AD&D Prepared for:CITY OF COPPELL Effective date: October 1, 2010 Proposal Expiration: October 15, 2010 Optional AD&D Benefit Summary Option 1 Effective Date October 1, 2010 Benefit Plan Type Same As Optional Life Guaranteed Issue Amount Not Applicable Waiver of Premium Provision Does not apply Termination At Retirement Accelerated Benefit Option Type Does not apply Accelerated Benefit Option Amount Does not apply Opt. AD&D Coverage Type 24 Hours Portability Applies Actively At Work Provision Applies Travel Assistance Does not apply Seat Belt Benefit Lesser of 10% or $10,000 Air Bag Benefit Lesser of 10% or $10,000 Spouse Tuition Reimbursement Lesser of 1%, $2,500 or the Tuition amount Child Tuition Reimbursement Lesser of 1%, $2,500 or the Tuition amount Day Care Expense Benefit Lesser of 1%, $2,000 or the Annual Day Care Fee Return of Remains Lesser of $2,500 or the Actual Covered Funeral Expenses Felonious Assault Benefit 5% of Payable Amount Loss Due to Exposure and Disappearance Benefit Payable After 1 year of Disappearance Loss Due to Coma 1% of Payable Amount Per Month up to 11 Months Common Accident Benefit Benefit is the difference between the employee's Death Benefit and the Spouse's Death Benefit Dependent Child Loss Benefit The Lesser of Double the Child Benefit or $50,000 Critical Period Payments Benefit 1/2% of Benefit Amount for 12 Months Spouse Plan Type Incremental Spouse Maximum $250,000 Spouse Minimum $5,000 Coverage in Increments of Spouse $5,000 Spouse Guaranteed Issue Amounts Does not Apply Proposal Id: 2010138010 (12) July 13, 2010 Page 9 Child Plan Type Flat $10,000 Child Maximum $10,000 Child Minimum Does not apply Child Minimum Age Live Birth Child Age Limit 25 Years of Age/26 If Full Time Student Proposal Id: 2010138010 (12) July 13, 2010 Page 10 Group Insurance Proposal - Optional AD&D Prepared for:CITY OF COPPELL Effective date: October 1, 2010 Proposal Expiration: October 15, 2010 Optional AD&D Rate Summary Option 1 OADD Plan Type EE plus Spouse/Child Estimated Lives 53/36/18 Estimated Volume $5,517,000/$6,739,650/$532,500 Monthly Rates $0.018/$0.020/$0.010 Rate Basis Per $1,000/Per $1,000/Per $1,000 Estimated Monthly Premium $99.31/$134.79/$5.32 Rate Guarantee Period 36 Months Class Description Class 1: All Active FT Employees Proposal Id: 2010138010 (12) July 13, 2010 Page 11 Group Insurance Proposal - Optional Dependent Life Prepared for:CITY OF COPPELL Effective date: October 1, 2010 Proposal Expiration: October 15, 2010 Optional Dependent Life Benefit Summary Option 1 Effective Date October 1, 2010 Spouse Plan Type Incremental Spouse Maximum $250,000 Spouse Max of EE's Amount 100% Spouse Amount Based On Optional Life Coverage in Increments of $5,000 Spouse Guaranteed Issue Amount $25,000 Child Plan Type Flat $10,000 Child Maximum $10,000 Child Max of EE's Amount 50% Child Amount Based On Optional Life Child Minimum Age 14 days Child Age Limit 25 Years of Age/(25 Years of Age/( If Full Time Student) Portability Applies Non Confinement Applies Proposal Id: 2010138010 (12) July 13, 2010 Page 12 Group Insurance Proposal - Optional Dependent Life Prepared for:CITY OF COPPELL Effective date: October 1, 2010 Proposal Expiration: October 15, 2010 Optional Dependent Life Rate Summary Option 1 Spouse/Child Estimated Lives 18/18 Estimated Volume $1,631,625/$177,464 Monthly Rates See Step Rates/$0.076 Rate Basis Per $1,000/Per $1,000 Estimated Monthly Premium $380.37/$13.49 Rate Guarantee Period 36 Months Step Rates Option 1 Age Bracket Per $1,000 0 - 19:$0.056 20 - 24:$0.068 25 - 29:$0.081 30 - 34:$0.086 35 - 39:$0.107 40 - 44:$0.142 45 - 49:$0.212 50 - 54:$0.345 55 - 59:$0.586 60 - 64:$0.928 65 - 69:$1.536 70 - 74:$2.668 75 - 79:$4.440 80 - 84:$7.624 85 +:$34.866 Class Description Class 1: All Active FT Employees Proposal Id: 2010138010 (12) July 13, 2010 Page 13 Group Insurance Proposal - Long Term Disability Prepared for:CITY OF COPPELL Effective date: October 1, 2010 Proposal Expiration: October 15, 2010 Long Term Disability Benefit Summary Option 1 Effective Date October 1, 2010 Monthly Benefit Amount 60% of Monthly Earnings Elimination Period 90 Days Benefit Duration ADEA 1/SSNRA Maximum Monthly Benefit $5,000 Minimum Monthly Benefit $100 Regular Occupation Period 24 Months Reg. Occ. Definition Of Disability Inability to Perform Reg. Occ. or Loss of Income Zero Day Residual Applies Return to Work Incentive 12 Months Partial Disability Benefit 100% Reg./80% Gainful EOI Applies No Pre-Existing Condition 3/12 w/o Prudent Person, Exclusion Disability Social Security Family Offset Retirement Social Security Family Offset Mental & Nervous 24 Month Limit Drug & Alcohol 24 Month Limit Self Reported Symptoms None Survivor Benefit 3 x Gross Monthly Benefit Rehabilitation Requirement Included 40 Hour Work Week Included Third Party Liability Offset Included Worksite Modification Included Indexing of Pre-Disability Included Pension Contribution Benefit Not Included Benefit Taxation Taxable Contribution Status Non-Contributory Expected Participation 100% Participation Definition of Earnings Standard Actively At Work Provision Applies Spouse CAT Benefits Not included Enhanced Rehabilitation 5% Monthly Benefit to 6 Mo. Daycare Benefit $500 Monthly Benefit to 6 Mo. Spouse and Eldercare $500 Monthly Benefit to 6 Mo. Proposal Id: 2010138010 (12) July 13, 2010 Page 14 Group Insurance Proposal - Long Term Disability Prepared for:CITY OF COPPELL Effective date: October 1, 2010 Proposal Expiration: October 15, 2010 Long Term Disability Rate Summary Option 1 Estimated Lives 355 Monthly Covered Payroll $1,643,696 Monthly Rates $0.208 Rate Basis Per $100 Mo. Cov. Payroll Monthly Premium $3,419.00 Rate Guarantee Period 36 Months Class Description Class 1: All Active FT Employees Proposal Id: 2010138010 (12) July 13, 2010 Page 15 Group Insurance Proposal Prepared for:CITY OF COPPELL Effective date: October 1, 2010 Proposal Expiration: October 15, 2010 Financial Assumptions and Considerations Common Financial Assumptions and Considerations 1. This Offer is based on the information submitted and Plan design outlined. Prudential reserves the right to modify or withdraw the Offer in the event that risk characteristics at the time of enrollment are materially different (as determined by Prudential) from those assumed here. 2. Rates are assumed effective October 1, 2010. Rates are valid for use, unless rescinded, through October 15, 2010. Plans may not be made effective retroactively. 3. Alterations to this offer are valid only if approved, in writing, by Prudential. 4. Life and/or Disability products will be written through the Delaware Trust. Group is located in TX. SIC code is 9111. 5. Funding method is Fully Insured. Coverage is non-participating. 6. Actively at work provision applies. No loss/no gain applies. Any and all disableds must be disclosed.Prudential Absorbs the medical underwriting expenses for timely entrants only. Not applicable to Statutory Disability. 7. Prudential will require full disclosure of all employees not meeting the Actively at Work Provision as of the effective date. 8. Employees who are absent from work due to disability, injury, or accident would remain the liability of the current carrier. For all other employees, Prudential assumes a no-loss/no-gain of insurance, meaning that no individual will lose or gain coverage as a result of a change of carriers. 9. All plans and provisions are subject to Prudential's standard contract, unless otherwise explicitly identified. 10. For Life and Disability, Initial Enrollment and New Hires: Upon Meeting the Actively at Work requirement, EOI is required for amounts over the GI Limit. Late Entrants: EOI required for coverage to become effective. Current Participants: Any increase in coverage subject to EOI. 11. The definition of full time employee for the purposes of eligibility is a minimum of 30 hours worked per week. 12. This proposal includes online/IVR enrollment. Costs for any customized materials or additional costs due to use of outside vendors may be charged directly to the client. 13. This proposal assumes that Employee Only plan and Employee Plus Family plan are mutually exclusive. 14. For Disability, benefits priced with pre-tax contributions are taxable. If the pre or post tax contributions are different than as assumed in this proposal, Prudential reserves the right to change rates. 15. This proposal assumes current Employee Assistance Program is in force. 16. Benefit provisions are subject to state and federal mandates. Future mandates will be incorporated into the plan as of the date required by law. 17. This proposal assumes all coverages quoted are sold, otherwise rates will increase. 18. This proposal assumes no more than 5 claim and or billing branches. Requests for more than 5 branches will result in additional costs to the client. 19. This proposal assumes Paper Client, Online Client, or Online Roster billing. If this method is changed to Paper Roster billing, an additional charge to the premium will be assessed. 20. This proposal assumes employee certificates distributed in a PDF format, paper certificates will result in additional costs to the client. 21. Please be advised that it is an employer's obligation to comply with the federal Age Discrimination in Employment Act (ADEA). Therefore, Prudential can make no representation regarding whether any age reduction schedule that it quotes in connection with an employer's benefit plans will be found compliant with the ADEA by any court or regulatory agency. You may wish to consult your legal or benefits counsel to address any compliance obligations under ADEA. 22. Commissions are included at 0.0%. 23. As a condition of this proposal, Prudential requires the producer to fully disclose to client all commissions and fees payable to the producer by Prudential in connection with the proposed insurance coverage(s) and services. Prudential further requires that client consent, in writing, to the payment of all such commissions and fees by Prudential to the producer, a copy of which consent must be provided to Prudential at the point of sale. 24. The optional Travel Assistance benefits are provided by AXA Assistance USA, a third party vendor not affiliated with Prudential. AXA Assistance USA is solely liable for providing these goods and services. Prudential shall not be responsible for providing or failing to provide these optional Travel Assistance services. For a more in-depth description of this benefit, please consult your sales representative. 25. This proposal provides a general description of Prudential’s group insurance products. Product offerings may not be available in all states and may vary depending on state laws and regulations. Prudential has a website that sets forth state-specific coverage requirements based on the insured’s state of residence. The website is located at www.prudential.com/etonline. The access code for this group during the pre-sale period is ET2. 26. This proposal is conditioned upon our understanding that you comply with the statutes, regulations, Executive Orders and other programs administered by the Office of Foreign Assets Control (OFAC) of the U.S. Department of the Treasury. 27. Final rates will be based on actual enrollment, plan design, participation levels and the effective date of coverage. Proposal Id: 2010138010 (12) July 13, 2010 Page 16 Optional Life Financial Assumptions and Considerations 1. This Proposal requires that Optional Term Life have a minimum participation of the greater of 10 lives or 15% of the eligible population. If minimum participation is not met all current and newly enrolled participants must submit evidence of insurability. Optional AD&D Financial Assumptions and Considerations 1. This Proposal requires that Optional ADD have a minimum participation of the greater of 10 lives or 15% of the eligible population. If minimum participation is not met we reserve the right not to issue coverage. Dependent Life Financial Assumptions and Considerations 1. Employee's must enroll for Optional Term Life in order to elect Dependent Term Life. This proposal is released with the understanding that it will be presented to interested parties only by an appropriately licensed and appointed individual, pursuant with state licensing and appointment rules. Any questions regarding these rules can be addressed to our Broker Administration Unit at 888-778-6639. Any violations will result in commissions being withheld in accordance with state regulations. Proposal Id: 2010138010 (12) July 13, 2010 Page 17 City of Coppell10.01.2010Basic Life and AD/DBasic Life and AD/D 128c-SOLDCurrentRenewal ProposedCarrierCigna Cigna PrudentialLife and AD&D2x salary to $250,000 2x salary to $250,000 2x salary to $400,000Guarantee Issue2x salary to $250,000 2x salary to $250,000 $400,000 Benefit Reductionto 65% age 6545% age 7030% age 7520% age 8015% age 8510% age 90to 65% age 6545% age 7030% age 7520% age 8015% age 8510% age 9035% age 6550% age 70Conversion/Portability Yes/No Yes/No Yes/NoAccelerated Life Benefit up to $250,000 up to $250,000 90% of BenefitValue Added BenefitsTravel AssistLife AssistTravel AssistLife Assist Covered Employees 355 355 355Volume $39,832,600 $39,832,600 $40,082,600Life Rate $0.110 $0.090$0.090AD&D Rate $0.025 $0.025 $0.019Monthly Premium $5,377 $4,581 $4,369Annual Premium $64,529 $54,969 $52,428Change from Current ($9,560) ($12,101)% Change from Current -14.81% -18.75% City of Coppell10.1.2010Long Term Disability OptionsLong Term Disability1 237 Current Renewal Negotiated RenewalProposedCarrierCigna Cigna Cigna PrudentialBenefit Percentage 60% 60% 60% 60%Maximum Monthly Benefit $5,000 $5,000 $5,000 $5,000Minimum Monthly Benefit $100 $100 $100 $100Elimination Period 90 days 90 days 90 days 90 daysMaximum Benefit Duration SSNRA / to age 65 SSNRA / to age 65 SSNRA / to age 65 SSNRA / to age 65Definition of Disability (And/Or/None)Loss of material duties and loss of incomeLoss of material duties and loss of incomeLoss of material duties OR loss of incomeLoss of material duties OR loss of incomePercentage of Earnings 20% 20% 20% 20%Own Occ/Any Occ/Own Specialty 24 month own occ 24 month own occ 24 month own occ 24 month own occDefinition of Earnings Salary Salary Salary SalaryPreexisting Condition limit 3/12 3/12 3/12 3/12Mental Illness/Drug & Alcohol limit24/24 24/24 24/24 24/24 Per Lifetime or Per OccurrenceLifetime Lifetime Lifetime Per Occurance Combined or separateSeparate Separate Separate SeparateSelf Reported limit24 months 24 monthsUnlimited UnlimitedRehab Benefit Mandatory Mandatory Mandatory MandatoryEmployee Assistance Program3 face to face visits per life event3 face to face visits per life event3 face to face visits per life eventValue Added Benefits Healthy Rewards, Will Prep Healthy Rewards, Will Prep Healthy Rewards, Will PrepCovered Employees 354 354 354 354Volume $1,643,696 $1,643,696 $1,643,696 $1,643,696Rate/$100 $0.300 $0.250 $0.250 $0.208Monthly Premium$4,931 $4,109 $4,109 $3,419Annual Premium$59,173 $49,311 $49,311 $41,027Change from Current-$9,862 -$9,862 -$18,146% Change from Current -16.67% -16.67% -30.67%Participation RequirementRate Guarantee2 years3 years2 yearsContingencies / Packaging WORK SESSION CONSENT REGULAR DEPT: DATE: ITEM #: AGENDA REQUEST FORM ITEM TYPE: ITEM CAPTION: GOAL(S): EXECUTIVE SUMMARY: FINANCIAL COMMENTS: RECOMMENDED ACTION: ACTION TAKEN BY COUNCIL: Human Resources July 27, 2010 9/G ✔ CONTRACT/BID or PROPOSAL Consider approval of an addendum to the current Administrative Services Agreement for the third party administrative services with UMR, Inc. in the amount of $145,722.40 and authorizing the City Manager to sign all necessary documents. Please see attached memorandum. Funds for this agreement are budgeted in the Self Insurance Fund. Staff recommends approval. &UMR-1AR MEMORANDUM TO: Mayor and City Council FROM: Vivyon V. Bowman, Director of Administration/Human Resources DATE: July 20, 2010 SUBJECT: Approval of an addendum to the existing Administrative Services Agreement with UMR, Inc. (UMR) The City staff is recommending that we renew our existing contract with UMR for third party administrative services. This will be the fourth year for the City of Coppell to retain UMR to administer our medical and Rx plan and the City has been served well by the discounts in claims costs afforded by our relationship with UMR and access to their PPO network. The renewal will be completed by amending the existing Administrative Services Agreement with the attached recommended addendum #1. The annual administrative fees for this contract year with UMR are $145,722.40 based on 352 covered employees. UMR administrative services include medical, flexible spending, health reimbursement arrangement (HRA), claims processing, utilization review, ID card generation, internet based web portal for employees to access claims utilization, run out claims administration, and United Health Care’s PPO network access. I have also attached UMR’s initial renewal proposal, as well as the current administrative services agreement for your review. This renewal will result in an increase in administrative fees in the amount $1,567.40 over last years costs. WORK SESSION CONSENT REGULAR DEPT: DATE: ITEM #: AGENDA REQUEST FORM ITEM TYPE: ITEM CAPTION: GOAL(S): EXECUTIVE SUMMARY: FINANCIAL COMMENTS: RECOMMENDED ACTION: ACTION TAKEN BY COUNCIL: Engineering July 27, 2010 10 ✔ CONTRACT/BID or PROPOSAL Consider approval of award of Bid #Q-0710-01 for the Tax 2009 street reconstruction project in the amount of $1,202,180 to RKM Utilities for construction of Heartz Road and Clear Creek Lane, and in the amount of $337,835 to Conatser Construction for construction of Dobecka Drive, as provided for in IMF funds; and authorizing the City Manager to sign and execute any necessary documents. Award of this bid will allow the City of Coppell to reconstruct residential streets using our 1/4 cent sales tax allocation. Staff will be available to answer any questions at the Council meeting. Funds are available from the 1/4 cent sales tax for street maintenance for these contracts. Staff recommends approval of this Contract. # 1/4 Cent Sales Tax Award MEMORANDUM TO: Mayor and City Council VIA: Kenneth M. Griffin, P.E., Director of Engineering/Public Works FROM: Keith R. Marvin, P.E., Project Engineer DATE: July 27, 2010 RE: Consider approval of award of Bid #Q-0710-01 for the Tax 2009 street reconstruction project in the amount of $1,202,180 to RKM Utilities for construction of Heartz Road and Clear Creek Lane, and in the amount of $337,835 to Conatser Construction for construction of Dobecka Drive, as provided for in IMF funds; and authorizing the City Manager to sign and execute any necessary documents. On July 8, 2010 the City of Coppell received and opened eight bids for the reconstruction of the Tax 2009 streets which consist of Heartz Road, Clear Creek Lane, and Dobecka Drive. The bid was set up such that contractors could submit bids for each individual street, and a total bid for all three streets. All eight contractors submitted bids for all options. Total bids ranged from $1,423,792.50 to $1,711,172.75. The engineering firm of Teague Nall and Perkins prepared the bidding documents, and estimated the cost at $1,650,000. This project represents our first major effort to reconstruct residential streets using our ¼ cent sales tax allocation. All three of these streets have had a history of street or utility failures that have required considerable maintenance effort and expense. Water, sewer, paving, and sidewalks will be replaced on all streets. In evaluation of the bids received it was noted that RKM Utilities submitted the lowest bid for Heartz Road, Clear Creek Lane, and the total for all three streets. Conatser Construction submitted the lowest bid for Dobecka Drive, and the combination of RKM’s bids for Heartz and Clear Creek plus the Conatser bid for Dobecka was lower than RKM’s total bid for all three streets. Based on this analysis we believe it is in the best interest to the city to award these three streets to the two contractors. The design engineer has reviewed the bids and performed background investigation on both contractors. Both contractors have performed many projects of similar size and scope. The engineer has recommended these contractors for award based on their investigation, and we support this recommendation. The award amounts include a maximum bonus of $40,000 for early completion for each street. The bonus amount is based on a value of $1,000 per calendar day, and will only be paid to the contractor if it is earned under the terms of the contract. The contract allows for 150 calendar days to complete Heartz, 180 calendar days to complete Clear Creek, and 120 Calendar days to complete Dobecka. Upon award of the contract the engineering department will schedule a public meeting with the adjacent residents to discuss impacts to them during construction. Staff recommends the award of the Tax 2009 street reconstruction project in the amount of $1,202,180 to RKM Utilities for construction of Heartz Road and Clear Creek Lane, and in the amount of $337,835 to Conatser Construction for construction of Dobecka Drive, as provided for in IMF funds; and authorizing the City Manager to sign and execute any necessary documents. Staff will be available to answer any questions at the council meeting. CLIENT:DESCRIPTION:TNP JOB NO: CPL09132ENGINEER'S ESTIMATE: $1,650,000BID DATE: JULY 8, 2010BID TIME: 2:00 PMITEM NO. DESCRIPTION OF ITEMS QUANTITY UNIT UNIT COST TOTAL UNIT COST TOTAL UNIT COST TOTAL UNIT COST TOTAL UNIT COST TOTAL UNIT COST TOTAL UNIT COST TOTALS. HEARTZ ROAD101MOBILIZATION1LS$7,500.00$7,500.00$3,000.00$3,000.00$23,050.00$23,050.00$21,600.00$21,600.00$30,000.00$30,000.00$40,000.00$40,000.00$29,000.00$29,000.00102PROJECT SIGNS2EA$500.00$1,000.00$500.00$1,000.00$600.00$1,200.00$400.00$800.00$500.00$1,000.00$400.00$800.00$500.00$1,000.00103RIGHT-OF-WAY PREPARATION1LS$3,000.00$3,000.00$2,000.00$2,000.00$2,900.00$2,900.00$18,000.00$18,000.00$38,000.00$38,000.00$17,921.00$17,921.00$27,200.00$27,200.00104REMOVE EX. CONCRETE PAVEMENT5300SY$7.60$40,280.00$4.00$21,200.00$5.70$30,210.00$5.50$29,150.00$7.00$37,100.00$7.00$37,100.00$6.05$32,065.00105REMOVE EX. CONCRETE DRIVEWAYS & SIDEWALKS1500SY$6.50$9,750.00$5.00$7,500.00$5.70$8,550.00$5.50$8,250.00$6.00$9,000.00$7.00$10,500.00$6.05$9,075.001068" LIME TREATED SUBGRADE TREATMENT5000SY$3.55$17,750.00$3.50$17,500.00$3.00$15,000.00$2.30$11,500.00$3.00$15,000.00$3.40$17,000.00$2.50$12,500.00107HYDRATED LIME (40 LB/SY)100TON$100.00$10,000.00$160.00$16,000.00$140.00$14,000.00$128.00$12,800.00$125.00$12,500.00$140.00$14,000.00$145.00$14,500.001086" REINFORCED CONCRETE PAVEMENT WITH CURB0SY$30.25$0.00$36.00$0.00 $0.00 $0.00 $0.00 $0.00 $0.001098" REINFORCED CONCRETE PAVEMENT WITH CURB4700SY$36.00$169,200.00$38.50$180,950.00$41.00$192,700.00$38.00$178,600.00$45.00$211,500.00$38.00$178,600.00$37.50$176,250.001106" REINFORCED DRIVEWAY/ALLEY PAVEMENT700SY$34.00$23,800.00$60.00$42,000.00$41.30$28,910.00$45.00$31,500.00$45.00$31,500.00$30.00$21,000.00$50.60$35,420.00111REPAIR/REPLACE EX. AGGREGATE DRIVEWAY0SY$46.00$0.00$75.00$0.00 $0.00 $0.00 $0.00 $0.00$69.30$0.001124" CONCRETE SIDEWALK950SY$24.75$23,512.50$27.00$25,650.00$29.30$27,835.00$30.00$28,500.00$40.00$38,000.00$26.00$24,700.00$39.05$37,097.50113BARRIER FREE RAMP8EA$1,000.00$8,000.00$1,000.00$8,000.00$400.00$3,200.00$600.00$4,800.00$1,000.00$8,000.00$1,100.00$8,800.00$935.00$7,480.00114VARIABLE HEIGHT RET. WALL W/INTEGRAL SIDEWALK300LF$32.00$9,600.00$30.00$9,000.00$57.00$17,100.00$40.00$12,000.00$53.00$15,900.00$35.00$10,500.00$93.50$28,050.00115CONCRETE SIDEWALK STEPS14EA$300.00$4,200.00$300.00$4,200.00$350.00$4,900.00$250.00$3,500.00$400.00$5,600.00$350.00$4,900.00$137.50$1,925.00116PAVEMENT MARKINGS1LS$1,000.00$1,000.00$4,000.00$4,000.00$4,850.00$4,850.00$800.00$800.00$1,000.00$1,000.00$912.00$912.00$850.00$850.00117TRAFFIC BUTTONS1LS$6,000.00$6,000.00$8,000.00$8,000.00$3,920.00$3,920.00$5,600.00$5,600.00$4,000.00$4,000.00$6,100.00$6,100.00$6,100.00$6,100.00118FURNISH, INSTALL, MAINTAIN TRAFFIC CONTROL DEV.1LS$4,000.00$4,000.00$5,000.00$5,000.00$4,200.00$4,200.00$8,700.00$8,700.00$28,000.00$28,000.00$5,900.00$5,900.00$17,500.00$17,500.00119FURNISH, INST., MAINT., REMOVE EROSION CONTROL1LS$2,250.00$2,250.00$1,500.00$1,500.00$1,500.00$1,500.00$3,200.00$3,200.00$2,600.00$2,600.00$5,000.00$5,000.00$5,400.00$5,400.00120RESTORE PARKWAYS & DISTURBED AREAS1LS$2,800.00$2,800.00$20,000.00$20,000.00$650.00$650.00$7,200.00$7,200.00$4,800.00$4,800.00$3,000.00$3,000.00$635.00$635.001215' CURB INLET2EA$1,800.00$3,600.00$1,500.00$3,000.00$2,500.00$5,000.00$2,000.00$4,000.00$2,400.00$4,800.00$2,800.00$5,600.00$2,530.00$5,060.0012210' CURB INLET1EA$2,500.00$2,500.00$2,200.00$2,200.00$3,000.00$3,000.00$2,550.00$2,550.00$2,700.00$2,700.00$3,600.00$3,600.00$3,190.00$3,190.001235' INLET TOP RECONSTRUCTION2EA$1,100.00 $2,200.00 $1,000.00 $2,000.00 $1,650.00 $3,300.00 $1,300.00 $2,600.00 $2,400.00 $4,800.00 $1,500.00 $3,000.00 $1,650.00 $3,300.0012410' INLET TOP RECONSTRUCTION3EA$1,600.00 $4,800.00 $1,500.00 $4,500.00 $1,950.00 $5,850.00 $1,600.00 $4,800.00 $3,100.00 $9,300.00 $2,200.00 $6,600.00 $1,980.00 $5,940.0012518" REINFORCED CONCRETE PIPE (CL III)0LF$46.00$0.00 $35.00$0.00$0.00$0.00$0.00$0.00$0.0012621" REINFORCED CONCRETE PIPE (CL III)0LF$52.00$0.00 $40.00$0.00$0.00$0.00$0.00$0.00$0.0012724" REINFORCED CONCRETE PIPE (CL III)0LF$58.00$0.00 $50.00$0.00$0.00$0.00$0.00$0.00$0.001284'x4' SQUARE STORM DRAIN MANHOLE0EA$3,100.00$0.00 $2,500.00$0.00$0.00$0.00$0.00$0.00$0.001296" PVC C-900 DR-18 WATER LINE100LF$53.00 $5,300.00 $28.00 $2,800.00 $24.00 $2,400.00 $28.50 $2,850.00 $36.00 $3,600.00 $38.00 $3,800.00 $31.90 $3,190.001308" PVC C-900 DR-18 WATER LINE1200LF$40.00 $48,000.00 $30.00 $36,000.00 $31.00 $37,200.00 $32.00 $38,400.00 $40.00 $48,000.00 $43.00 $51,600.00 $34.10 $40,920.00131WATER SERVICE W/ METER CAN (SHORT SIDE)0EA$670.00$0.00 $800.00$0.00$0.00$0.00$0.00$0.00$0.00132WATER SERVICE W/ METER CAN (LONG SIDE)14EA$935.00 $13,090.00 $1,200.00 $16,800.00 $1,380.00 $19,320.00 $1,040.00 $14,560.00 $1,100.00 $15,400.00 $1,100.00 $15,400.00 $1,039.50 $14,553.001336" TAPPING SLEEVE AND VALVE0EA$2,225.00$0.00 $2,500.00$0.00$0.00$0.00$0.00$0.00$0.001348" TAPPING SLEEVE AND VALVE1EA$2,650.00 $2,650.00 $3,500.00 $3,500.00 $2,475.00 $2,475.00 $3,200.00 $3,200.00 $3,400.00 $3,400.00 $2,700.00 $2,700.00 $3,300.00 $3,300.0013512"x 8" TAPPING SLEEVE AND VALVE0EA$3,200.00$0.00 $4,000.00$0.00$0.00$0.00$0.00$0.00$0.001366" GATE VALVE6EA$900.00 $5,400.00 $800.00 $4,800.00 $855.00 $5,130.00 $960.00 $5,760.00 $970.00 $5,820.00 $900.00 $5,400.00 $962.50 $5,775.001378" GATE VALVE7EA$1,250.00 $8,750.00 $900.00 $6,300.00 $1,195.00 $8,365.00 $1,050.00 $7,350.00 $1,400.00 $9,800.00 $1,300.00 $9,100.00 $1,320.00 $9,240.00138SALVAGE & RELOCATE FIRE HYDRANT AND VALVE3EA$900.00 $2,700.00 $3,500.00 $10,500.00 $2,600.00 $7,800.00 $1,800.00 $5,400.00 $500.00 $1,500.00 $3,200.00 $9,600.00 $1,870.00 $5,610.00139INSTALL NEW FIRE HYDRANT AND VALVE ASSEMBLY2EA$2,600.00 $5,200.00 $3,000.00 $6,000.00 $2,400.00 $4,800.00 $2,200.00 $4,400.00 $2,900.00 $5,800.00 $3,000.00 $6,000.00 $4,400.00 $8,800.00140ADJUST EXISTING VALVE BOX TO GRADE0EA$100.00$0.00 $100.00$0.00$0.00$0.00$0.00$0.00$0.00141ABANDON EXISTING WATER LINE1LS$1,000.00 $1,000.00 $1,000.00 $1,000.00 $500.00 $500.00 $900.00 $900.00 $1,600.00 $1,600.00 $1,000.00 $1,000.00 $1,980.00 $1,980.001428" PVC SDR-35 SANITARY SEWER PIPE1300LF$30.50 $39,650.00 $40.00 $52,000.00 $32.50 $42,250.00 $36.00 $46,800.00 $50.00 $65,000.00 $41.00 $53,300.00 $34.10 $44,330.001434' SANITARY SEWER MANHOLE (ALL DEPTHS)3EA$2,900.00 $8,700.00 $2,500.00 $7,500.00 $2,780.00 $8,340.00 $3,200.00 $9,600.00 $3,800.00 $11,400.00 $3,200.00 $9,600.00 $3,190.00 $9,570.00144SANITARY SEWER SERVICE (SHORT SIDE)14EA$650.00 $9,100.00 $600.00 $8,400.00 $695.00 $9,730.00 $600.00 $8,400.00 $1,000.00 $14,000.00 $700.00 $9,800.00 $715.00 $10,010.00145SANITARY SEWER SERVICE (LONG SIDE)0EA$1,300.00$0.00 $1,500.00$0.00$0.00$0.00$0.00$0.00$0.00146ABANDON EXISTING SANITARY SEWER LINE1LS$1,000.00 $1,000.00 $1,000.00 $1,000.00 $500.00 $500.00 $1,800.00 $1,800.00 $630.00 $630.00 $600.00 $600.00 $1,100.00 $1,100.00147REMOVE EXISTING SANITARY SEWER MANHOLE3EA$350.00 $1,050.00 $200.00 $600.00 $700.00 $2,100.00 $350.00 $1,050.00 $500.00 $1,500.00 $300.00 $900.00 $550.00 $1,650.00148REMOVE EXISTING CLEANOUT0EA$50.00$0.00 $100.00$0.00$0.00$0.00$0.00$0.00$0.00149ADJUST EXISTING SANITARY SEWER MANHOLE RIM1EA$300.00 $300.00 $500.00 $500.00 $150.00 $150.00 $450.00 $450.00 $500.00 $500.00 $400.00 $400.00 $137.50 $137.50150TRENCH SAFETY FOR ALL UTILITIES2600LF$4.00 $10,400.00 $3.00 $7,800.00 $0.25 $650.00$1.50 $3,900.00 $1.00 $2,600.00 $0.25 $650.00 $1.10 $2,860.00151REPAIR/REPLACE/MODIFY EX. IRRIGATION SYSTEMS1LS$3,200.00 $3,200.00 $3,000.00 $3,000.00 $13,700.00 $13,700.00 $3,700.00 $3,700.00 $9,000.00 $9,000.00 $6,000.00 $6,000.00 $17,130.00 $17,130.00152INSTALL TREES2EA$550.00 $1,100.00 $800.00 $1,600.00 $550.00 $1,100.00 $450.00 $900.00 $750.00 $1,500.00 $600.00 $1,200.00 $550.00 $1,100.00153INSTALL TREE ROOT BARRIER250LF$11.00 $2,750.00 $30.00 $7,500.00 $14.00 $3,500.00 $45.00 $11,250.00 $25.00 $6,250.00 $30.00 $7,500.00 $14.85 $3,712.50154REMOVE AND RESET LANDSCAPING1LS$4,500.00 $4,500.00 $5,000.00 $5,000.00 $5,000.00 $5,000.00 $1,600.00 $1,600.00 $4,300.00 $4,300.00 $1,000.00 $1,000.00 $46.75$46.75155REMOVE AND REPLACE BRICK MAILBOX4EA$700.00 $2,800.00 $600.00 $2,400.00 $1,000.00 $4,000.00 $650.00 $2,600.00 $800.00 $3,200.00 $160.00 $640.00 $1,500.00 $6,000.00156REMOVE AND RESET MAILBOX8EA$150.00 $1,200.00 $200.00 $1,600.00 $50.00 $400.00 $250.00 $2,000.00 $200.00 $1,600.00 $150.00 $1,200.00 $250.00 $2,000.00SUBTOTAL S. HEARTZ ROAD $534,582.50 $574,800.00 $581,235.00 $577,320.00 $731,500.00 $622,923.00 $652,552.25CITY OF COPPELL2009 STREET RECONSTRUCTION - S. HEARTZ ROAD, DOBECKA DRIVE, CLEAR CREEK LANEBID TABULATION REPORTBIDDERSCamino Construction, LPTiseo Paving Co.RKM Utility Services, Inc. Conatser ConstructionRebcon, Inc.Jim Bowman Construction Co. J & T Excavating CLIENT:DESCRIPTION:TNP JOB NO: CPL09132ENGINEER'S ESTIMATE: $1,650,000BID DATE: JULY 8, 2010BID TIME: 2:00 PMITEM NO. DESCRIPTION OF ITEMS QUANTITY UNIT UNIT COST TOTAL UNIT COST TOTAL UNIT COST TOTAL UNIT COST TOTAL UNIT COST TOTAL UNIT COST TOTAL UNIT COST TOTALCITY OF COPPELL2009 STREET RECONSTRUCTION - S. HEARTZ ROAD, DOBECKA DRIVE, CLEAR CREEK LANEBID TABULATION REPORTBIDDERSCamino Construction, LPTiseo Paving Co.RKM Utility Services, Inc. Conatser ConstructionRebcon, Inc.Jim Bowman Construction Co. J & T ExcavatingDOBECKA DRIVE101MOBILIZATION1LS$7,500.00$7,500.00$2,000.00$2,000.00$21,300.00$21,300.00$11,800.00$11,800.00$21,000.00$21,000.00$41,000.00$41,000.00$15,000.00$15,000.00102PROJECT SIGNS1EA$500.00$500.00$500.00$500.00$600.00$600.00$400.00$400.00$500.00$500.00$400.00$400.00$500.00$500.00103RIGHT-OF-WAY PREPARATION1LS$3,100.00$3,100.00$1,000.00$1,000.00$3,500.00$3,500.00$10,400.00$10,400.00$19,000.00$19,000.00$16,000.00$16,000.00$35,500.00$35,500.00104REMOVE EX. CONCRETE PAVEMENT2500SY$8.00$20,000.00$4.00$10,000.00$6.05$15,125.00$5.50$13,750.00$8.00$20,000.00$8.00$20,000.00$6.05$15,125.00105REMOVE EX. CONCRETE DRIVEWAYS & SIDEWALKS1600SY$6.50$10,400.00$5.00$8,000.00$6.05$9,680.00$5.50$8,800.00$5.00$8,000.00$8.00$12,800.00$6.05$9,680.001068" LIME TREATED SUBGRADE TREATMENT0SY$3.55$0.00$3.50$0.00 $0.00 $0.00 $0.00 $0.00 $0.00107HYDRATED LIME (40 LB/SY)0TON$100.00$0.00$160.00$0.00 $0.00 $0.00 $0.00 $0.00 $0.001086" REINFORCED CONCRETE PAVEMENT WITH CURB0SY$32.00$0.00$36.00$0.00 $0.00 $0.00 $0.00 $0.00 $0.001098" REINFORCED CONCRETE PAVEMENT WITH CURB2600SY$42.00$109,200.00$42.00$109,200.00$43.50$113,100.00$39.00$101,400.00$55.00$143,000.00$41.00$106,600.00$49.50$128,700.001106" REINFORCED DRIVEWAY/ALLEY PAVEMENT260SY$36.00$9,360.00$60.00$15,600.00$41.00$10,660.00$48.00$12,480.00$45.00$11,700.00$31.00$8,060.00$50.60$13,156.00111REPAIR/REPLACE EX. AGGREGATE DRIVEWAY55SY$48.50$2,667.50$75.00$4,125.00$65.00$3,575.00$85.00$4,675.00$90.00$4,950.00$53.00$2,915.00$69.30$3,811.501124" CONCRETE SIDEWALK1220SY$26.00$31,720.00$27.00$32,940.00$32.00$39,040.00$32.00$39,040.00$35.00$42,700.00$26.00$31,720.00$39.05$47,641.00113BARRIER FREE RAMP0EA$1,250.00$0.00$1,000.00$0.00 $0.00 $0.00 $0.00 $0.00$935.00$0.00114VARIABLE HEIGHT RET. WALL W/INTEGRAL SIDEWALK0LF$33.00$0.00$30.00$0.00 $0.00 $0.00 $0.00 $0.00$93.50$0.00115CONCRETE SIDEWALK STEPS0EA$320.00$0.00$300.00$0.00 $0.00 $0.00 $0.00 $0.00$137.50$0.00116PAVEMENT MARKINGS0LS$1,000.00$0.00$2,000.00$0.00 $0.00 $0.00 $0.00 $0.00 $0.00117TRAFFIC BUTTONS1LS$6,000.00$6,000.00$1,000.00$1,000.00$880.00$880.00$320.00$320.00$300.00$300.00$400.00$400.00$330.00$330.00118FURNISH, INSTALL, MAINTAIN TRAFFIC CONTROL DEV.1LS$2,800.00$2,800.00$2,000.00$2,000.00$2,000.00$2,000.00$3,500.00$3,500.00$8,000.00$8,000.00$3,000.00$3,000.00$12,500.00$12,500.00119FURNISH, INST., MAINT., REMOVE EROSION CONTROL1LS$3,000.00$3,000.00$1,000.00$1,000.00$1,500.00$1,500.00$1,500.00$1,500.00$2,000.00$2,000.00$2,000.00$2,000.00$4,250.00$4,250.00120RESTORE PARKWAYS & DISTURBED AREAS1LS$4,000.00$4,000.00$5,000.00$5,000.00$550.00$550.00$6,200.00$6,200.00$3,000.00$3,000.00$2,800.00$2,800.00$550.00$550.001215' CURB INLET0EA$2,000.00$0.00$1,500.00$0.00 $0.00 $0.00 $0.00 $0.00 $0.0012210' CURB INLET0EA$2,500.00$0.00$2,200.00$0.00 $0.00 $0.00 $0.00 $0.00 $0.001235' INLET TOP RECONSTRUCTION0EA$1,100.00$0.00 $1,000.00$0.00$0.00$0.00$0.00$0.00$0.0012410' INLET TOP RECONSTRUCTION2EA$1,600.00 $3,200.00 $1,500.00 $3,000.00 $1,950.00 $3,900.00 $1,600.00 $3,200.00 $3,200.00 $6,400.00 $2,100.00 $4,200.00 $1,980.00 $3,960.0012518" REINFORCED CONCRETE PIPE (CL III)0LF$46.00$0.00 $35.00$0.00$0.00$0.00$0.00$0.00$0.0012621" REINFORCED CONCRETE PIPE (CL III)0LF$52.00$0.00 $40.00$0.00$0.00$0.00$0.00$0.00$0.0012724" REINFORCED CONCRETE PIPE (CL III)0LF$58.00$0.00 $50.00$0.00$0.00$0.00$0.00$0.00$0.001284'x4' SQUARE STORM DRAIN MANHOLE0EA$3,100.00$0.00 $2,500.00$0.00$0.00$0.00$0.00$0.00$0.001296" PVC C-900 DR-18 WATER LINE20LF$39.50 $790.00 $28.00 $560.00 $23.00 $460.00 $30.00 $600.00 $52.00 $1,040.00 $50.00 $1,000.00 $31.90 $638.001308" PVC C-900 DR-18 WATER LINE750LF$41.70 $31,275.00 $30.00 $22,500.00 $33.50 $25,125.00 $31.00 $23,250.00 $72.00 $54,000.00 $56.00 $42,000.00 $34.10 $25,575.00131WATER SERVICE W/ METER CAN (SHORT SIDE)8EA$670.00 $5,360.00 $800.00 $6,400.00 $880.00 $7,040.00 $875.00 $7,000.00 $900.00 $7,200.00 $900.00 $7,200.00 $1,039.50 $8,316.00132WATER SERVICE W/ METER CAN (LONG SIDE)7EA$950.00 $6,650.00 $1,200.00 $8,400.00 $1,225.00 $8,575.00 $1,040.00 $7,280.00 $1,100.00 $7,700.00 $1,200.00 $8,400.00 $1,210.00 $8,470.001336" TAPPING SLEEVE AND VALVE0EA$2,300.00$0.00 $2,500.00$0.00$0.00$0.00$0.00$0.00$0.001348" TAPPING SLEEVE AND VALVE0EA$2,650.00$0.00 $3,500.00$0.00$0.00$0.00$0.00$0.00$0.0013512"x 8" TAPPING SLEEVE AND VALVE0EA$3,200.00$0.00 $4,000.00$0.00$0.00$0.00$0.00$0.00$0.001366" GATE VALVE2EA$900.00 $1,800.00 $800.00 $1,600.00 $855.00 $1,710.00 $960.00 $1,920.00 $1,000.00 $2,000.00 $900.00 $1,800.00 $962.50 $1,925.001378" GATE VALVE2EA$1,250.00 $2,500.00 $900.00 $1,800.00 $1,195.00 $2,390.00 $1,050.00 $2,100.00 $1,300.00 $2,600.00 $1,300.00 $2,600.00 $1,320.00 $2,640.00138SALVAGE & RELOCATE FIRE HYDRANT AND VALVE1EA$1,000.00 $1,000.00 $3,500.00 $3,500.00 $2,600.00 $2,600.00 $1,800.00 $1,800.00 $500.00 $500.00 $3,200.00 $3,200.00 $1,870.00 $1,870.00139INSTALL NEW FIRE HYDRANT AND VALVE ASSEMBLY1EA$2,600.00 $2,600.00 $3,000.00 $3,000.00 $2,415.00 $2,415.00 $2,200.00 $2,200.00 $2,900.00 $2,900.00 $3,000.00 $3,000.00 $4,400.00 $4,400.00140ADJUST EXISTING VALVE BOX TO GRADE0EA$100.00$0.00 $100.00$0.00$0.00$0.00$0.00$0.00$0.00141ABANDON EXISTING WATER LINE1LS$1,000.00 $1,000.00 $1,000.00 $1,000.00 $500.00 $500.00 $900.00 $900.00 $1,600.00 $1,600.00 $510.00 $510.00 $1,980.00 $1,980.001428" PVC SDR-35 SANITARY SEWER PIPE0LF$31.50$0.00 $40.00$0.00$0.00$0.00$0.00$0.00$0.001434' SANITARY SEWER MANHOLE (ALL DEPTHS)2EA$2,500.00 $5,000.00 $2,500.00 $5,000.00 $3,260.00 $6,520.00 $3,200.00 $6,400.00 $4,700.00 $9,400.00 $3,600.00 $7,200.00 $3,190.00 $6,380.00144SANITARY SEWER SERVICE (SHORT SIDE)5EA$400.00 $2,000.00 $1,000.00 $5,000.00 $1,140.00 $5,700.00 $600.00 $3,000.00 $500.00 $2,500.00 $800.00 $4,000.00 $715.00 $3,575.00145SANITARY SEWER SERVICE (LONG SIDE)10EA$800.00 $8,000.00 $1,500.00 $15,000.00 $2,061.00 $20,610.00 $975.00 $9,750.00 $1,600.00 $16,000.00 $1,300.00 $13,000.00 $880.00 $8,800.00146ABANDON EXISTING SANITARY SEWER LINE0LS$1,000.00$0.00 $1,000.00$0.00$0.00$0.00$0.00$0.00$0.00147REMOVE EXISTING SANITARY SEWER MANHOLE0EA$3,500.00$0.00 $300.00$0.00$0.00$0.00$0.00$0.00$0.00148REMOVE EXISTING CLEANOUT1EA$50.00$50.00 $200.00 $200.00 $50.00$50.00 $300.00 $300.00 $300.00 $300.00 $200.00 $200.00 $275.00 $275.00149ADJUST EXISTING SANITARY SEWER MANHOLE RIM0EA$300.00$0.00 $500.00$0.00$0.00$0.00$0.00$0.00$0.00150TRENCH SAFETY FOR ALL UTILITIES770LF$4.00 $3,080.00 $3.00 $2,310.00 $0.25 $192.50$1.50 $1,155.00 $1.00 $770.00 $0.80 $616.00 $1.10 $847.00151REPAIR/REPLACE/MODIFY EX. IRRIGATION SYSTEMS1LS$3,000.00 $3,000.00 $4,000.00 $4,000.00 $9,800.00 $9,800.00 $1,200.00 $1,200.00 $6,000.00 $6,000.00 $10,000.00 $10,000.00 $12,950.00 $12,950.00152INSTALL TREES2EA$530.00 $1,060.00 $800.00 $1,600.00 $550.00 $1,100.00 $450.00 $900.00 $750.00 $1,500.00 $550.00 $1,100.00 $550.00 $1,100.00153INSTALL TREE ROOT BARRIER300LF$11.00 $3,300.00 $30.00 $9,000.00 $14.00 $4,200.00 $45.00 $13,500.00 $25.00 $7,500.00 $30.00 $9,000.00 $14.85 $4,455.00154REMOVE AND RESET LANDSCAPING1LS$2,500.00 $2,500.00 $5,000.00 $5,000.00 $5,200.00 $5,200.00 $2,700.00 $2,700.00 $5,000.00 $5,000.00 $1,000.00 $1,000.00 $5,500.00 $5,500.00155REMOVE AND REPLACE BRICK MAILBOX9EA$700.00 $6,300.00 $600.00 $5,400.00 $1,000.00 $9,000.00 $650.00 $5,850.00 $800.00 $7,200.00 $660.00 $5,940.00 $1,500.00 $13,500.00156REMOVE AND RESET MAILBOX6EA$150.00 $900.00 $200.00 $1,200.00 $60.00 $360.00 $250.00 $1,500.00 $200.00 $1,200.00 $150.00 $900.00 $250.00 $1,500.00SUBTOTAL DOBECKA DRIVE $301,612.50 $297,835.00 $338,957.50 $310,770.00 $427,460.00 $374,561.00 $405,399.50 CLIENT:DESCRIPTION:TNP JOB NO: CPL09132ENGINEER'S ESTIMATE: $1,650,000BID DATE: JULY 8, 2010BID TIME: 2:00 PMITEM NO. DESCRIPTION OF ITEMS QUANTITY UNIT UNIT COST TOTAL UNIT COST TOTAL UNIT COST TOTAL UNIT COST TOTAL UNIT COST TOTAL UNIT COST TOTAL UNIT COST TOTALCITY OF COPPELL2009 STREET RECONSTRUCTION - S. HEARTZ ROAD, DOBECKA DRIVE, CLEAR CREEK LANEBID TABULATION REPORTBIDDERSCamino Construction, LPTiseo Paving Co.RKM Utility Services, Inc. Conatser ConstructionRebcon, Inc.Jim Bowman Construction Co. J & T ExcavatingCLEAR CREEK LANE101MOBILIZATION1LS$7,500.00$7,500.00$2,000.00$2,000.00$24,600.00$24,600.00$25,500.00$25,500.00$30,000.00$30,000.00$35,000.00$35,000.00$25,500.00$25,500.00102PROJECT SIGNS2EA$500.00$1,000.00$500.00$1,000.00$600.00$1,200.00$400.00$800.00$500.00$1,000.00$400.00$800.00$500.00$1,000.00103RIGHT-OF-WAY PREPARATION1LS$2,100.00$2,100.00$1,000.00$1,000.00$3,250.00$3,250.00$21,600.00$21,600.00$31,000.00$31,000.00$13,000.00$13,000.00$2,750.00$2,750.00104REMOVE EX. CONCRETE PAVEMENT5100SY$7.60$38,760.00$4.00$20,400.00$5.70$29,070.00$5.50$28,050.00$7.00$35,700.00$7.00$35,700.00$6.05$30,855.00105REMOVE EX. CONCRETE DRIVEWAYS & SIDEWALKS1400SY$6.50$9,100.00$5.00$7,000.00$5.70$7,980.00$5.50$7,700.00$6.00$8,400.00$7.00$9,800.00$6.05$8,470.001068" LIME TREATED SUBGRADE TREATMENT5400SY$3.55$19,170.00$3.50$18,900.00$3.00$16,200.00$2.30$12,420.00$3.00$16,200.00$3.15$17,010.00$2.50$13,500.00107HYDRATED LIME (40 LB/SY)108TON$100.00$10,800.00$160.00$17,280.00$140.00$15,120.00$128.00$13,824.00$125.00$13,500.00$140.00$15,120.00$145.00$15,660.001086" REINFORCED CONCRETE PAVEMENT WITH CURB5100SY$32.50$165,750.00$36.00$183,600.00$35.50$181,050.00$31.50$160,650.00$40.00$204,000.00$34.00$173,400.00$37.75$192,525.001098" REINFORCED CONCRETE PAVEMENT WITH CURB0SY$39.00$0.00$38.50$0.00 $0.00 $0.00 $0.00 $0.00 $0.001106" REINFORCED DRIVEWAY/ALLEY PAVEMENT30SY$36.00$1,080.00$60.00$1,800.00$45.00$1,350.00$70.00$2,100.00$45.00$1,350.00$32.00$960.00$50.60$1,518.00111REPAIR/REPLACE EX. AGGREGATE DRIVEWAY0SY$49.00$0.00$75.00$0.00 $0.00 $0.00 $0.00 $0.00$69.30$0.001124" CONCRETE SIDEWALK1380SY$26.00$35,880.00$27.00$37,260.00$30.00$41,400.00$32.00$44,160.00$38.00$52,440.00$26.00$35,880.00$39.05$53,889.00113BARRIER FREE RAMP6EA$1,000.00$6,000.00$1,000.00$6,000.00$400.00$2,400.00$600.00$3,600.00$1,000.00$6,000.00$1,500.00$9,000.00$935.00$5,610.00114VARIABLE HEIGHT RET. WALL W/INTEGRAL SIDEWALK0LF$34.00$0.00$30.00$0.00 $0.00 $0.00 $0.00 $0.00$93.50$0.00115CONCRETE SIDEWALK STEPS0EA$320.00$0.00$300.00$0.00 $0.00 $0.00 $0.00 $0.00$137.50$0.00116PAVEMENT MARKINGS0LS$1,000.00$0.00$2,000.00$0.00 $0.00 $0.00 $0.00 $0.00 $0.00117TRAFFIC BUTTONS0LS$6,200.00$0.00$1,000.00$0.00 $0.00 $0.00 $0.00 $0.00 $0.00118FURNISH, INSTALL, MAINTAIN TRAFFIC CONTROL DEV.1LS$2,800.00$2,800.00$4,000.00$4,000.00$5,100.00$5,100.00$9,000.00$9,000.00$12,000.00$12,000.00$3,000.00$3,000.00$51,000.00$51,000.00119FURNISH, INST., MAINT., REMOVE EROSION CONTROL1LS$2,200.00$2,200.00$1,000.00$1,000.00$1,500.00$1,500.00$3,900.00$3,900.00$2,000.00$2,000.00$4,000.00$4,000.00$7,460.00$7,460.00120RESTORE PARKWAYS & DISTURBED AREAS1LS$2,800.00$2,800.00$10,000.00$10,000.00$920.00$920.00$11,900.00$11,900.00$7,500.00$7,500.00$6,800.00$6,800.00$965.00$965.001215' CURB INLET3EA$1,725.00$5,175.00$1,500.00$4,500.00$2,300.00$6,900.00$2,000.00$6,000.00$2,300.00$6,900.00$2,800.00$8,400.00$1,650.00$4,950.0012210' CURB INLET0EA$2,475.00$0.00$2,200.00$0.00 $0.00 $0.00 $0.00 $0.00 $0.001235' INLET TOP RECONSTRUCTION0EA$1,100.00$0.00 $1,000.00$0.00$0.00$0.00$0.00$0.00$0.0012410' INLET TOP RECONSTRUCTION1EA$1,500.00 $1,500.00 $1,500.00 $1,500.00 $1,950.00 $1,950.00 $1,600.00 $1,600.00 $3,600.00 $3,600.00 $2,200.00 $2,200.00 $1,980.00 $1,980.0012518" REINFORCED CONCRETE PIPE (CL III)60LF$46.25 $2,775.00 $35.00 $2,100.00 $39.50 $2,370.00 $35.00 $2,100.00 $53.00 $3,180.00 $47.00 $2,820.00 $44.00 $2,640.0012621" REINFORCED CONCRETE PIPE (CL III)390LF$52.25 $20,377.50 $40.00 $15,600.00 $43.00 $16,770.00 $38.00 $14,820.00 $55.00 $21,450.00 $55.00 $21,450.00 $48.40 $18,876.0012724" REINFORCED CONCRETE PIPE (CL III)75LF$58.00 $4,350.00 $50.00 $3,750.00 $48.00 $3,600.00 $43.00 $3,225.00 $150.00 $11,250.00 $60.00 $4,500.00 $55.00 $4,125.001284'x4' SQUARE STORM DRAIN MANHOLE1EA$3,100.00 $3,100.00 $2,500.00 $2,500.00 $3,500.00 $3,500.00 $3,200.00 $3,200.00 $2,200.00 $2,200.00 $2,900.00 $2,900.00 $3,025.00 $3,025.001296" PVC C-900 DR-18 WATER LINE50LF$39.50 $1,975.00 $28.00 $1,400.00 $29.00 $1,450.00 $30.00 $1,500.00 $42.00 $2,100.00 $42.00 $2,100.00 $31.90 $1,595.001308" PVC C-900 DR-18 WATER LINE1560LF$38.00 $59,280.00 $30.00 $46,800.00 $30.00 $46,800.00 $31.00 $48,360.00 $40.00 $62,400.00 $45.00 $70,200.00 $34.10 $53,196.00131WATER SERVICE W/ METER CAN (SHORT SIDE)23EA$700.00 $16,100.00 $800.00 $18,400.00 $835.00 $19,205.00 $875.00 $20,125.00 $840.00 $19,320.00 $810.00 $18,630.00 $1,039.50 $23,908.50132WATER SERVICE W/ METER CAN (LONG SIDE)17EA$1,000.00 $17,000.00 $1,200.00 $20,400.00 $1,170.00 $19,890.00 $1,040.00 $17,680.00 $1,100.00 $18,700.00 $1,000.00 $17,000.00 $1,210.00 $20,570.001336" TAPPING SLEEVE AND VALVE1EA$2,300.00 $2,300.00 $2,500.00 $2,500.00 $2,080.00 $2,080.00 $3,000.00 $3,000.00 $3,200.00 $3,200.00 $2,100.00 $2,100.00 $2,420.00 $2,420.001348" TAPPING SLEEVE AND VALVE0EA$2,700.00$0.00 $3,500.00$0.00$0.00$0.00$0.00$0.00$0.0013512"x 8" TAPPING SLEEVE AND VALVE1EA$3,300.00 $3,300.00 $4,000.00 $4,000.00 $2,700.00 $2,700.00 $4,500.00 $4,500.00 $4,000.00 $4,000.00 $3,000.00 $3,000.00 $3,300.00 $3,300.001366" GATE VALVE4EA$900.00 $3,600.00 $800.00 $3,200.00 $855.00 $3,420.00 $690.00 $2,760.00 $1,000.00 $4,000.00 $900.00 $3,600.00 $962.50 $3,850.001378" GATE VALVE5EA$1,300.00 $6,500.00 $900.00 $4,500.00 $1,215.00 $6,075.00 $1,050.00 $5,250.00 $1,400.00 $7,000.00 $1,300.00 $6,500.00 $1,320.00 $6,600.00138SALVAGE & RELOCATE FIRE HYDRANT AND VALVE2EA$1,000.00 $2,000.00 $3,500.00 $7,000.00 $2,600.00 $5,200.00 $1,800.00 $3,600.00 $500.00 $1,000.00 $200.00 $400.00 $1,870.00 $3,740.00139INSTALL NEW FIRE HYDRANT AND VALVE ASSEMBLY2EA$2,700.00 $5,400.00 $3,000.00 $6,000.00 $2,400.00 $4,800.00 $2,200.00 $4,400.00 $2,900.00 $5,800.00 $3,000.00 $6,000.00 $4,400.00 $8,800.00140ADJUST EXISTING VALVE BOX TO GRADE0EA$100.00$0.00 $100.00$0.00$0.00$0.00$0.00$0.00$0.00141ABANDON EXISTING WATER LINE1LS$1,725.00 $1,725.00 $1,000.00 $1,000.00 $500.00 $500.00 $750.00 $750.00 $1,800.00 $1,800.00 $1,100.00 $1,100.00 $1,980.00 $1,980.001428" PVC SDR-35 SANITARY SEWER PIPE1470LF$32.50 $47,775.00 $40.00 $58,800.00 $31.00 $45,570.00 $36.00 $52,920.00 $49.00 $72,030.00 $42.00 $61,740.00 $34.10 $50,127.001434' SANITARY SEWER MANHOLE (ALL DEPTHS)5EA$2,600.00 $13,000.00 $2,500.00 $12,500.00 $2,685.00 $13,425.00 $3,200.00 $16,000.00 $3,800.00 $19,000.00 $2,700.00 $13,500.00 $3,190.00 $15,950.00144SANITARY SEWER SERVICE (SHORT SIDE)17EA$425.00 $7,225.00 $600.00 $10,200.00 $640.00 $10,880.00 $600.00 $10,200.00 $800.00 $13,600.00 $500.00 $8,500.00 $715.00 $12,155.00145SANITARY SEWER SERVICE (LONG SIDE)23EA$850.00 $19,550.00 $1,500.00 $34,500.00 $895.00 $20,585.00 $900.00 $20,700.00 $1,100.00 $25,300.00 $800.00 $18,400.00 $880.00 $20,240.00146ABANDON EXISTING SANITARY SEWER LINE1LS$1,000.00 $1,000.00 $1,000.00 $1,000.00 $500.00 $500.00 $900.00 $900.00 $500.00 $500.00 $520.00 $520.00 $1,100.00 $1,100.00147REMOVE EXISTING SANITARY SEWER MANHOLE1EA$300.00 $300.00 $200.00 $200.00 $750.00 $750.00 $350.00 $350.00 $600.00 $600.00 $300.00 $300.00 $550.00 $550.00148REMOVE EXISTING CLEANOUT1EA$50.00$50.00 $100.00 $100.00 $50.00$50.00 $200.00 $200.00 $300.00 $300.00 $165.00 $165.00 $275.00 $275.00149ADJUST EXISTING SANITARY SEWER MANHOLE RIM1EA$300.00 $300.00 $500.00 $500.00 $150.00 $150.00 $450.00 $450.00 $500.00 $500.00 $400.00 $400.00 $137.50 $137.50150TRENCH SAFETY FOR ALL UTILITIES3600LF$4.00 $14,400.00 $3.00 $10,800.00 $0.25 $900.00$1.50 $5,400.00 $1.00 $3,600.00 $0.25 $900.00 $1.10 $3,960.00151REPAIR/REPLACE/MODIFY EX. IRRIGATION SYSTEMS1LS$4,500.00 $4,500.00 $4,000.00 $4,000.00 $11,800.00 $11,800.00 $3,400.00 $3,400.00 $9,000.00 $9,000.00 $8,000.00 $8,000.00 $15,040.00 $15,040.00152INSTALL TREES5EA$550.00 $2,750.00 $800.00 $4,000.00 $525.00 $2,625.00 $450.00 $2,250.00 $750.00 $3,750.00 $550.00 $2,750.00 $550.00 $2,750.00153INSTALL TREE ROOT BARRIER650LF$11.00 $7,150.00 $30.00 $19,500.00 $14.00 $9,100.00 $45.00 $29,250.00 $25.00 $16,250.00 $30.00 $19,500.00 $14.85 $9,652.50154REMOVE AND RESET LANDSCAPING1LS$2,200.00 $2,200.00 $5,000.00 $5,000.00 $10,000.00 $10,000.00 $3,200.00 $3,200.00 $5,000.00 $5,000.00 $2,000.00 $2,000.00 $10,026.50 $10,026.50155REMOVE AND REPLACE BRICK MAILBOX0EA$700.00$0.00 $600.00$0.00$0.00$0.00$0.00$0.00$0.00156REMOVE AND RESET MAILBOX40EA$150.00 $6,000.00 $200.00 $8,000.00 $50.00 $2,000.00 $250.00 $10,000.00 $200.00 $8,000.00 $150.00 $6,000.00 $250.00 $10,000.00SUBTOTAL CLEAR CREEK LANE $587,597.50 $625,490.00 $606,685.00 $643,294.00 $776,420.00 $675,045.00 $728,221.00 CLIENT:DESCRIPTION:TNP JOB NO: CPL09132ENGINEER'S ESTIMATE: $1,650,000BID DATE: JULY 8, 2010BID TIME: 2:00 PMITEM NO. DESCRIPTION OF ITEMS QUANTITY UNIT UNIT COST TOTAL UNIT COST TOTAL UNIT COST TOTAL UNIT COST TOTAL UNIT COST TOTAL UNIT COST TOTAL UNIT COST TOTALCITY OF COPPELL2009 STREET RECONSTRUCTION - S. HEARTZ ROAD, DOBECKA DRIVE, CLEAR CREEK LANEBID TABULATION REPORTBIDDERSCamino Construction, LPTiseo Paving Co.RKM Utility Services, Inc. Conatser ConstructionRebcon, Inc.Jim Bowman Construction Co. J & T ExcavatingSUBTOTAL S. HEARTZ ROAD$534,582.50$574,800.00$581,235.00$577,320.00$731,500.00$622,923.00$652,552.25SUBTOTAL DOBECKA DRIVE$301,612.50$297,835.00$338,957.50$310,770.00$427,460.00$374,561.00$405,399.50SUBTOTAL CLEAR CREEK LANE$587,597.50$625,490.00$606,685.00$643,294.00$776,420.00$675,045.00$728,221.00TOTAL OF SUBTOTAL BIDS$1,423,792.50$1,498,125.00$1,526,877.50$1,531,384.00$1,935,380.00$1,672,529.00$1,786,172.75MINUS DEDUCTION FOR AWARD OF ALL 3 STREETS$0.00$5,000.00$0.00$0.00$0.00$0.00$75,000.00TOTAL BID FOR ALL 3 STREETS$1,423,792.50$1,493,125.00$1,526,877.50$1,531,384.00$1,935,380.00$1,672,529.00$1,711,172.75* The contract includes a potential bonus of $40,000 for early completion of each street for a total of $120,000. The bonus will only be paid if earned under the terms of the contract WORK SESSION CONSENT REGULAR DEPT: DATE: ITEM #: AGENDA REQUEST FORM ITEM TYPE: ITEM CAPTION: GOAL(S): EXECUTIVE SUMMARY: FINANCIAL COMMENTS: RECOMMENDED ACTION: ACTION TAKEN BY COUNCIL: Engineering July 27, 2010 11 ✔ ORDINANCE Consider approval of an Ordinance amending the Code of Ordinances, Chapter 8, Traffic Regulations, by adding Section 8-2-13, providing the City Manager or designee authorization to temporarily close public streets, alleys and/or rights-of-way for the purpose of construction or repair; providing for the installation of appropriate traffic control devices in accordance with the Texas Manual of Uniform Traffic Control Devices; and authorizing the Mayor Pro Tem to sign and execute any necessary documents. Approval of this Ordinance will allow the City Manager or his designee to temporarily close public streets, alleys and/or rights-of-way for the purpose of construction or repair thereby expediting construction and creating a safer work area. Staff will be available to answer any questions at the Council meeting. Staff recommends approval of this Resolution. # Resolution for lane closures MEMORANDUM TO: Mayor and City Council FROM: Kenneth M. Griffin, P.E., Director of Engineering/Public Works DATE: July 27, 2010 REF: Approval of an ordinance of the City of Coppell, Texas, amending the Code of Ordinances, Chapter 8, Traffic Regulations, by adding section 8-2-13, providing the City Manager or designee authorization to temporarily close public streets, alleys and/or rights-of-way for the purpose of construction or repair; providing for the installation of appropriate traffic control devices in accordance with the Texas Manual on Uniform Traffic Control Devices; providing a severability clause; providing a savings clause; and providing an effective date. This year the City started the removal and replacement of various failed brick paver bands throughout the City. We have been allocating funds for several years through the Infrastructure Maintenance Fund to accomplish this project. This year when we bid our annual Street and Alley repair project, we included 5 locations of paver bands throughout the City to be removed and replaced. Those locations are: S. Belt Line Rd. @ Wrangler Drive; Parkway Blvd. @ Lodge Rd.; Parkway Blvd @ Moore Rd.; Riverchase Drive near Fairways Drive; and Riverchase Drive near the golf club entrance. In lieu of bringing a resolution to Council each time the contractor indicates he’s ready to begin a new street to remove and replace paver bands, I’m requesting that the Council approve an ordinance that will allow the City Manager or his designee the ability to temporarily close portions of public streets, alleys and/or rights-of-way for the purpose of construction or repair. This will allow the Contractor to continue working on removal and replacement of paver bands in lieu of having to complete a street and then wait for a subsequent resolution to perform the same work on an additional street. Also, this ordinance will assist as we begin the reconstruction of various streets in town using the ¼ cent sales tax monies. Any lane closures will be handled with notices in the paper, information on our webpage, and appropriate signage and detour plans as needed. Staff recommends approval of the Ordinance and will be available to answer any questions at the Council meeting. 1 Proposed Brick Paver Replacement Locations. FY 09-10 Annual Street and Alley Repair Project Created in LDDT 1 INCH = 1 MILE 0 11/2 S:\CAD\In_Design\MISC EXHIBITS\dwg\EXHIBITS 2010.dwg\PAVER REPLACEMENT Created on: 20 July 2010 by Scott Latta 1/1 THE CITY OF COPPELL, TEXAS ORDINANCE NO. ___________ AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, AMENDING THE CODE OF ORDINANCES, CHAPTER 8, TRAFFIC REGULATIONS, BY ADDING SECTION 8-2-13, PROVIDING THE CITY MANAGER OR DESIGNEE AUTHORIZATION TO TEMPORARILY CLOSE PUBLIC STREETS, ALLEYS AND/OR RIGHTS-OF-WAY FOR THE PURPOSE OF CONSTRUCTION OR REPAIR; PROVIDING FOR THE INSTALLATION OF APPROPRIATE TRAFFIC CONTROL DEVICES IN ACCORDANCE WITH THE TEXAS MANUAL ON UNIFORM TRAFFIC CONTROL DEVICES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, construction, utility work and/or damage, storm related wind or flood damage and other similar situations can create a safety issue on the public streets and alleys which may have been physically modified or impacted by the same; and WHEREAS, in the interest of safety, the City desires to provide the City Manager or designee with authorization to temporarily close public streets, rights-of-way and/or alleys that are being repaired and/or are under construction; and WHEREAS, the City Council has determined that amending Chapter 8, Traffic Regulations, by adding Section 8-2-13 providing the City Manager or designee authorization to temporarily close public streets, rights-of-ways and/or alleys as provided herein is in the interest of health, safety and welfare of persons traveling on such streets, rights-of-way and/or alleyways within the City. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS: SECTION 1. That the Code of Ordinances of the City of Coppell, Texas be, and the same is, hereby amended by amending Chapter 8, by adding Section 8-2-13, which shall read as follows: "Chapter 8 TRAFFIC REGULATIONS . . . . . Sec. 8-2-13. Authority to temporarily close streets. In the event of construction on any street or highway, rights-of-way and/or alley, the City Manager or designee is authorized to temporarily close a portion of such street or highway, rights-of-way and/or alley in order to preserve and protect TM 44481.2.72210 Page 1 the public safety. Upon the temporary closing of a portion of any street or highway, rights-of-way and/or alley, temporary official traffic control devices, which comply with the Texas Manual on Uniform Traffic Control Devices, shall be erected in proper position and sufficiently legible to be seen by an ordinarily observant person prior to any enforcement action against an alleged violator. Except in cases of an emergency, adequate notification to the public shall be provided prior to the portion closing of any street or highway, rights-of-way and/or alley.” SECTION 2. 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 3. That all provisions of the Ordinances of the City of Coppell, 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 4. 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 COPPELL, TEXAS THIS day of _______________________ 2010. APPROVED: BOB MAHALIK, MAYOR PRO TEM ATTEST: LIBBY BALL, CITY SECRETARY APPROVED AS TO FORM: ROBERT E. HAGER, CITY ATTORNEY (REH/cdb) TM 44481.2.72210 Page 2 AGENDA REQUEST FORM DATE: July 27, 2010 ITEM #: 12 CITY MANAGER'S REPORT A. Project Update and Future Agendas. Agenda Request Form - Revised 09/027 Document Name: %manrep AGENDA REQUEST FORM DATE: July 27, 2010 ITEM #: 13 MAYOR AND COUNCIL REPORTS A. Report by Mayor Pro Tem Mahalik regarding the upcoming music series hosted by the Parks Department. Agenda Request Form - Revised 09/02 Document Name: %mayorreport AGENDA REQUEST FORM DATE: July 27, 2010 ITEM #: 14 PUBLIC SERVICE ANNOUNCEMENTS CONCERNING ITEMS OF COMMUNITY INTEREST AND NO COUNCIL ACTION OR DELIBERATION IS PERMITTED Agenda Request Form - Revised 09/02 Document Name: %mayorreport AGENDA REQUEST FORM DATE: July 27, 2010 ITEM #: 15 COUNCIL COMMITTEE REPORTS A. Carrollton/Farmers Branch ISD/Lewisville ISD – Tunnell. B. Coppell ISD – Mahalik and Hinojosa-Flores. C. Coppell Seniors – Brancheau and Faught. D. Dallas Regional Mobility Coalition –Hunt. E. International Council for Local Environmental Initiatives (ICLEI) –Brancheau F. Metrocrest Hospital Authority – Councilmember Tunnell. G. Metrocrest Medical Foundation – Mahalik. H. Metrocrest Medical Services – Hinojosa-Flores. I. Metrocrest Social Services – Franklin. J. North Texas Council of Governments – Tunnell. K. North Texas Commission – Hunt. L. Senior Adult Services – Franklin. Agenda Request Form - Revised 11/09 Document Name: %ccommreport AGENDA REQUEST FORM DATE: July 27, 2010 ITEM #: 16 NECESSARY ACTION RESULTING FROM EXECUTIVE SESSION Agenda Request Form - Revised 09/02 Document Name: %necessaryactionexec CERTIFICATE OF AGENDA ITEM SUBMISSION Council Meeting Date: July 27, 2010 Department Submissions: Item Nos. 9/C, 10 and 11 were placed on the Agenda for the above- referenced City Council meeting by the Engineering Department. I have reviewed the Agenda Requests (and any backup if applicable) and hereby submit these items to the City Council for consideration. ____________________ Engineering Department Item Nos. 9/D, 9/E, 9/F and 9/G were placed on the Agenda for the above-referenced City Council meeting by the Human Resources Department. I have reviewed the Agenda Requests (and any backup if applicable) and hereby submit these items to the City Council for consideration. ____________________ Human Resources Department Financial Review: I certify that I have reviewed all the items submitted for consideration on the Agenda for the above-referenced City Council Meeting and have inserted any financial comments where appropriate. ____________________ Finance Department City Manager Review: I certify that I have reviewed the complete Agenda and Packet for the above-referenced City Council Meeting and hereby submit the same to the City Council for consideration. ____________________ City Manager (or Deputy City Manager)