Rolling Oaks MC-CS081014
Page 1 of 6
Michael Garza - RE: Rolling Oaks Proposed Gas Design, Etc.
From: "Ken Baxter" <kbaxter@jstarchitects.com>
To: "Alex Fisher" <AFisher@faingp.com>
Date: 10/14/2008 10:51 AM
Subject: RE: Rolling Oaks Proposed Gas Design, Etc.
CC:"Michael Garza" <mgarza@ci.coppell.tx.us>, "Mike Daniel" <mdaniel@ndmce.com>,
<Ron.Hays@atmosenergy.com>
Alex,
We need to verify with Mr. Hays about the process. I'm assuming the (3) way agreement would be between the
Owner/Atmos and the installing contractor which would be the basis of payment,ie. directly from the Owner to the
installer? Again I'm assuming. I've left a message with Ron H. to call me concerning the process. Until we fully
understand the process I'm also reluctant to assign anything.
Ken Baxter
Senior Project Manager
J. Stuart Todd, Inc.
Architecture/Interiors/Planning
2919 Welborn
Dallas, Texas 75219
214-522-4033
214-522-7988 fx
.
From: Alex Fisher [mailto:AFisher@faingp.com]
Sent: Tuesday, October 14, 2008 9:43 AM
To: Ken Baxter
Subject: RE: Rolling Oaks Proposed Gas Design, Etc.
Ken –
I forwarded the proposal per your request and also discussed moving forward with Murray Construction. The
contact is very well versed with the process with Atmos. He has asked that someone sign and fax back to him
his proposal basically ensuring payment to him upon completion of the work. Would the city be willing to make
this commitment and sign the proposal for him? I am a little bit reluctant until I know who is paying who with
this project.
Thanks.
Alex
From: Ken Baxter [mailto:kbaxter@jstarchitects.com]
Sent: Tuesday, October 14, 2008 8:01 AM
To: Alex Fisher
Cc: Michael Garza; Mike Daniel
file://C:\Documents and Settings\radloo\Local Settings\Temp\XPgrpwise\48F47998City_of...4/5/2010
Page 2 of 6
Subject: RE: Rolling Oaks Proposed Gas Design, Etc.
Alex,
I spoke with Mike Daniel yesterday and he said Murray Construction Company, Inc. has been around and feels
confident with past work performed by this group. Why don't you forward the proposal from Murray on to Ron
Hays w/ Atmos to get the (3) way agreement started per his directions. Mike Garza w/ Coppell Engineering is
trying to assist us with making contact with Ron Hays to get the process going.
Call and we can discuss further.
Thanks,
Ken Baxter
Senior Project Manager
J. Stuart Todd, Inc.
Architecture/Interiors/Planning
2919 Welborn
Dallas, Texas 75219
214-522-4033
214-522-7988 fx
.
From: Mike Daniel [mailto:mdaniel@ndmce.com]
Sent: Monday, October 13, 2008 6:29 PM
To: Ken Baxter
Cc: 'Michael Garza'; 'Alex Fisher'
Subject: RE: Rolling Oaks Proposed Gas Design, Etc.
I sent Ron a copy of the proposed easement exhibit some time ago. He is happy with the proposed easement
area, but I would assume he will want the easement filed for record before he signs the 3-way. This shouldn't stop
him from preparing it though.
From: Ken Baxter [mailto:kbaxter@jstarchitects.com]
Sent: Monday, October 13, 2008 5:42 PM
To: Mike Daniel
Cc: Michael Garza; Alex Fisher
Subject: FW: Rolling Oaks Proposed Gas Design, Etc.
Mike,
In trying to find out if there's any outstanding information other than what was initially issued from Atmos to Fain
for the utilities contractors construction proposals for the new gas line extension. I found this email (see
below) from Ron Hays w/ Atmos to Fain Construction regarding outstanding info.. Atmos apparently corresponded
to Fain they required further information/clarifications concerning the ROWs necessary in order for them
to provide clarifications to their initial design?. Do you have any correspondence between yourself and Atmos
between then and now regarding required info?
Again, I'm not sure what he was referring to in this email concerning "outstanding information" and if they have all
the necessary info. I'd like to get their (3) way agreement process started.
Let me know what you find.
Thanks,
file://C:\Documents and Settings\radloo\Local Settings\Temp\XPgrpwise\48F47998City_of...4/5/2010
Page 3 of 6
Ken Baxter
Senior Project Manager
J. Stuart Todd, Inc.
Architecture/Interiors/Planning
2919 Welborn
Dallas, Texas 75219
214-522-4033
214-522-7988 fx
.
From: Alex Fisher [mailto:AFisher@faingp.com]
Sent: Friday, September 19, 2008 8:58 AM
To: Ken Baxter
Subject: FW: Rolling Oaks Proposed Gas Design, Etc.
Fyi…..
From: Hays, Ron [mailto:Ron.Hays@atmosenergy.com]
Sent: Thursday, September 18, 2008 1:34 PM
To: Alex Fisher
Cc: Roger Cole; Ed.Whisenant@mastec.com
Subject: RE: Rolling Oaks Proposed Gas Design, Etc.
FYI: Mike Daniel with Nathan Meir is working on the ROW/easement issue from the
Mobile Home Park to your site. It is my understanding from conversations with
Mike that there is no existing City Row along Ruby Road which is where we
typically run our gas extensions. I am awaiting information form him on this issue.
Thanks.
Ron Hays
Project Manager
Atmos Energy
14032 Distribution Way
Farmers Branch, Tx. 75234
Office: 972-919-1257
Fax: 972-919-1287
This message contains confidential information and is intended only for the individual named. If you are not the named
addressee you should not disseminate, distribute or copy this e-mail. Please notify the sender immediately by e-mail if you
have received this e-mail by mistake and delete this e-mail from your system. E-mail transmission cannot be guaranteed to be
secured or error-free as information could be intercepted, corrupted, lost, destroyed, received late or incomplete, or could
contain viruses. The sender therefore does not accept liability for any error or omission in the contents of this message, which
arises as a result of e-mail transmission. If verification is required, please request a hard-copy version from the sender.
From: Ed Whisenant [mailto:Ed.Whisenant@mastec.com]
Sent: Thursday, September 18, 2008 11:37 AM
To: AFisher@faingp.com
Cc: Roger Cole; Hays, Ron
Subject: RE: Rolling Oaks Proposed Gas Design, Etc.
Mr. Fisher there may a delay in providing you a price for the installation of the
proposed gas on this project. It is unclear where the Right of Way ends in
file://C:\Documents and Settings\radloo\Local Settings\Temp\XPgrpwise\48F47998City_of...4/5/2010
Page 4 of 6
relation to the dead end of the gas main inside the trailer park where the proposed
tie-in is located. I would hate to quote you a number and then have to revise the
quote due to additional work being outside the scope of the work as I would
interpret it. Mr. Hays with Atmos Energy and I have discussed the matter and he is
making every effort o resolve any questions concerning this matter. As soon as he
has the information that he needs he will advise me and I can then provide you with
an accurate estimate for the installation of the project. Please call if you have
any questions concerning the above.
Sincerely,
Eddie L. Whisenant
Eddie L. Whisenant
Estimator
MasTec North America
4747 Irving Blvd, Suite 221
Dallas, Texas 75247
Ed.Whisenant@mastec.com
214-571-2548 Office
214-926-2177 Cell
-----Original Message-----
From: Roger Cole
Sent: Tuesday, September 16, 2008 1:54 PM
To: Ed Whisenant
Subject: FW: Rolling Oaks Proposed Gas Design, Etc.
-----Original Message-----
From: David Holland
Sent: Tuesday, September 16, 2008 1:53 PM
To: Roger Cole
Subject: Fw: Rolling Oaks Proposed Gas Design, Etc.
----- Original Message -----
From: Alex Fisher <AFisher@faingp.com>
To: operations@bjcmgmt.com <operations@bjcmgmt.com>; cbconst1779@aol.com
<cbconst1779@aol.com>; wesleysaylors@aol.com <wesleysaylors@aol.com>;
mark@conatserconstruction.com <mark@conatserconstruction.com>;
dwhitaker@forcecon.net <dwhitaker@forcecon.net>; kwilson@hc-inc.com <kwilson@hc-
inc.com>; jcowling_jet@yahoo.com <jcowling_jet@yahoo.com>; David Holland;
robert@murraycon.com <robert@murraycon.com>; dennis@tsu1.com <dennis@tsu1.com>
Sent: Tue Sep 16 14:48:58 2008
Subject: FW: Rolling Oaks Proposed Gas Design, Etc.
To Whom it May Concern –
I was given your names as contacts for being qualified contractors by Atmos Energy
for running underground gas service. I am needing to obtain a quote for running
gas service to a site we are working on in the Coppell area. Can you review the
attachment for the requirements and send me a quote at your earliest convenience?
Please feel free to call me with any questions.
file://C:\Documents and Settings\radloo\Local Settings\Temp\XPgrpwise\48F47998City_of...4/5/2010
Page 5 of 6
Thank you.
Alex Fisher
Project Manager
The Fain Group
817-927-4388 (Main)
817-927-4389 (Fax)
817-733-6900 (Cell)
afisher@thefaincompany.com <mailto:afisher@thefaincompany.com>
From: Hays, Ron [mailto:Ron.Hays@atmosenergy.com]
Sent: Friday, September 05, 2008 11:13 AM
To: Alex Fisher
Subject: Rolling Oaks Proposed Gas Design, Etc.
Attached is proposed gas design for ROLLING OAKS MEMORIAL CENTER in Coppell, Texas.
Also attached is a list of ATMOS ENERGY approved contractors from which you can
acquire bids for installation of the gas piping noted in the design sketch. Also
attached is a copy of the Atmos Energy Meter Specification Manual which shows meter
location information including above ground clearances, etc. for meter placements
related to building structures and other utilities. A minimum clearance of 12
inches is required between our gas pipe and any electrical conduit or direct buried
electrical cable. A minimum clearance of 6 inches is required between gas pipe and
other underground structures; however we prefer 12 inches. Also attached you will
find Atmos Energy paving sleeve requirements that must be followed for any
paving/roadway sleeves installed pre-paving for gas installations. The minimum
sleeve size for the drive entrance off of Ruby Road will be 4 inch PVC if you plan
to pour the driveway before the gas main is installed. The developer will be
responsible for any SWPPP requirements for onsite/offsite gas line installation.
Once you have chosen a contractor send me a copy of their proposal and we will
proceed with the WAS (3 way agreements) and the remaining paperwork required. I
will require a minimum of 7 to 10 working days to complete all paperwork and
permitting before the construction process can begin pending release of the permit
from the City of Coppell.
Any questions feel free to give me a call.
file://C:\Documents and Settings\radloo\Local Settings\Temp\XPgrpwise\48F47998City_of...4/5/2010
Page 6 of 6
Ron Hays
Project Manager
Atmos Energy
14032 Distribution Way
Farmers Branch, Tx. 75234
Office: 972-919-1257
Fax: 972-919-1287
This message contains confidential information and is intended only for the
individual named. If you are not the named addressee you should not disseminate,
distribute or copy this e-mail. Please notify the sender immediately by e-mail if
you have received this e-mail by mistake and delete this e-mail from your system.
E-mail transmission cannot be guaranteed to be secured or error-free as information
could be intercepted, corrupted, lost, destroyed, received late or incomplete, or
could contain viruses. The sender therefore does not accept liability for any error
or omission in the contents of this message, which arises as a result of e-mail
transmission. If verification is required, please request a hard-copy version from
the sender.
________________________________
file://C:\Documents and Settings\radloo\Local Settings\Temp\XPgrpwise\48F47998City_of...4/5/2010
Page 2 of 3
From: Alex Fisher [mailto:AFisher@faingp.com]
Sent: Tuesday, October 14, 2008 9:45 AM
To: Ken Baxter
Subject: FW: WAS Information
Ken –
I guess this is step number 2. I still feel like this is something that the city should be signing. Do you concur?
Alex
From: Hays, Ron [mailto:Ron.Hays@atmosenergy.com]
Sent: Tuesday, October 14, 2008 9:41 AM
To: Alex Fisher
Subject: WAS Information
Yes; that is sufficient. I need the legal name of the developer and the person’s
name that is going to sign the WAS agreement for the developer and their title;
also an address where Murray Construction is to send their invoice for payment.
Should I send the WAS agreement to you for signature acquisition? Thanks.
PSD: I got a call from Ken Baxter yesterday afternoon inquiring about the process
for the main extension. I assume since you sent me this email I don’t need to call
him back?
Ron Hays
Project Manager
Atmos Energy
14032 Distribution Way
Farmers Branch, Tx. 75234
Office: 972-919-1257
Fax: 972-919-1287
This message contains confidential information and is intended only for the individual named. If you are not the named
addressee you should not disseminate, distribute or copy this e-mail. Please notify the sender immediately by e-mail if you
have received this e-mail by mistake and delete this e-mail from your system. E-mail transmission cannot be guaranteed to be
secured or error-free as information could be intercepted, corrupted, lost, destroyed, received late or incomplete, or could
contain viruses. The sender therefore does not accept liability for any error or omission in the contents of this message, which
arises as a result of e-mail transmission. If verification is required, please request a hard-copy version from the sender.
From: Alex Fisher [mailto:AFisher@faingp.com]
Sent: Tuesday, October 14, 2008 9:31 AM
To: Hays, Ron
Cc: Ken Baxter; Michael Garza
Subject: FW: Gas quote
Ron –
I have attached the bid from the company we are looking at using to run the underground gas service for the
Rolling Oaks Memorial Center project in Coppell. Is this sufficient enough to proceed with the 3 way
file://C:\Documents and Settings\radloo\Local Settings\Temp\XPgrpwise\48F48782City_of...4/5/2010
Page 3 of 3
agreement?
Thank you.
Alex Fisher
Project Manager
The Fain Group
817-927-4388 (Main)
817-927-4389 (Fax)
817-733-6900 (Cell)
afisher@thefaincompany.com
From: Joe Hill [mailto:jhill@murraycon.com]
Sent: Tuesday, September 23, 2008 12:11 PM
To: Alex Fisher
Subject: Gas quote
Alex,
attached is our quote for the project listed above please let me know the status as soon as you so we can put on
the board.
Thanks Joe Hill
file://C:\Documents and Settings\radloo\Local Settings\Temp\XPgrpwise\48F48782City_of...4/5/2010
WORK ASSIGNMENT SUPPLEMENT
This Work Assignment Supplement is entered into effective _____________, 200_, by and between _________________
(“CONTRACTOR”), ___________________ (“DEVELOPER”), and Atmos Energy Corporation (“COMPANY”).
PERFORMANCE OF WORK
- CONTRACTOR will perform the work identified herein (the “Work”) as authorized by
COMPANY, pursuant to the terms and conditions in the Assigned Task Agreement between COMPANY and
CONTRACTOR, which Agreement is incorporated herein by reference. When and as expressly authorized by COMPANY,
and notwithstanding any provision to the contrary in the above-referenced Assigned Task Agreement, DEVELOPER will,
without contribution from or obligation on the part of COMPANY, pay CONTRACTOR the full and complete cost of the
Work, as mutually agreed between CONTRACTOR and DEVELOPER.
SCOPE OF WORK
- CONTRACTOR will perform the Work in accordance with the Scope of Work Attachment and the
drawings, specifications, and instructions, if any attached hereto, and identified in the List of Attachments set forth herein.
DEVELOPER will have the right, at all times, to instruct CONTRACTOR to construct the Work in accordance with the
Scope of Work Attachment, but DEVELOPER has no obligation to supervise CONTRACTOR in the performance of the
Work.
CONTRACTOR will, in consultation with DEVELOPER, assume full responsibility for investigating conditions of any
property or facilities at or with respect to which Work will be performed, for the purpose of evaluating and determining the
existence and magnitude of any hazards resulting from such Work to such property, or to the property of DEVELOPER, or to
the property or physical well-being of any of DEVELOPER’s employees or agents, and CONTRACTOR and/or
DEVELOPER, as appropriate, will ensure that DEVELOPER’s and CONTRACTOR’s employees and agents are advised of
and fully understand the nature of such hazards and safety precautions that can be taken to eliminate or minimize the dangers
relating to such hazards.
ACCEPTANCE OF WORK
- Upon inspection and acceptance by COMPANY’s inspector of the Work (“Final
Acceptance”), DEVELOPER will execute and deliver to COMPANY a Bill of Sale and Assignment substantially in the form
attached hereto and made a part hereof, conveying the Work to COMPANY. In addition, if the Work is not located under
public rights-of-way or defined public utility easement, DEVELOPER will grant to COMPANY an easement over the Work,
which easement will be substantially in the form of the easement attached hereto and made a part hereof. It is understood and
agreed that the transfer of the Work installed pursuant to this Agreement, and the granting of any easements to COMPANY
hereunder, will be at no cost to COMPANY whatsoever.
DEVELOPER must notify COMPANY’s Project Manager at least five days prior to commencement of construction.
CONTRACTOR must return all required field construction documents to Atmos Energy including, but not limited to, as-
built, test charts and print line data within 10 working days of completion.
INVOICES –
All invoices will be sent to DEVELOPER at the following address:
Address:
LIST OF ATTACHMENTS
– COMPANY, DEVELOPER, and CONTRACTOR agree that the following described
attachments, if any, are incorporated herein in their entirety.
1. Scope of Work Attachment 3. Form of Bill of Sale and Assignment
2. Design Layout of Facilities 4. Form of Easement
CONTRACTOR: ATMOS ENERGY CORPORATION
By: By:
Name: Name:
Title: Title:
DEVELOPER:
By:
Name:
Title:
WORK ASSIGNMENT SUPPLEMENT
SCOPE OF WORK ATTACHMENT
PROJECT #
PROJECT NAME OR SUBDIVISION & PHASE:
NUMBER OF METERS:
DEVELOPER REQUIREMENTS: GAS MAIN EXTENSION
ALLEY DISTRIBUTION:
CONTRACTOR will install all gas main(s), service taps, and service line risers required,
as part or in furtherance of the Work. CONTRACTOR will be responsible for installing
facilities to COMPANY design drawings and specifications including, but not limited to,
those pertaining to depth from final grade (minimum 30” for main and 24” for service
line), tracer wire, test stations, etc. and Atmos Energy’s Meter Specification Manual.
FRONT LOT DISTRIBUTION:
CONTRACTOR will install all gas main(s), service taps, and service stubs to 10 feet
inside the property line of each lot or tract within the Scope of Work. Curb marker
medallions and/or marker balls will be placed to mark all service stubs. CONTRACTOR
will be responsible for installing facilities according to COMPANY design drawings and
specifications including, but not limited to, those pertaining to depth from final grade
(minimum 30” for main and 24” for service stub), tracer wire, test stations, etc. and
Atmos Energy’s Meter Specification Manual.
STORM WATER POLLUTION PREVENTION PLAN
If off-site project requires a SWPPP, DEVELOPER/CONTRACTOR will develop and
will be responsible for the plan and will also submit NOI for the off-site project on behalf
of all parties. DEVELOPER/CONTRACTOR will provide necessary sediment control
measures screening, filters, etc. for installation and restabilization of the off-site project
area.
DEVELOPER INITIALS:
CONTRACTOR will be responsible for providing gas mains of the number, dimensions, and footages
specified below:
COMPANY will be responsible for the following:
1. Inspecting all work performed by CONTRACTOR in a reasonably timely manner.
2. Notifying DEVELOPER within a reasonable time after Final Acceptance of the Work by
COMPANY.
3. Installing service lines and risers for front lot distribution from service stubs in accordance with
Atmos Energy’s Meter Specification Manual (available at Atmosenergy.com).
WORK ASSIGNMENT SUPPLEMENT
DESIGN LAYOUT OF FACILITIES
SEE PREVIOUSLY PROVIDED DESIGN
WORK ASSIGNMENT SUPPLEMENT
FORM OF BILL OF SALE AND ASSIGNMENT
STATE OF TEXAS §
§ KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF §
THAT for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged,
, a corporation (hereinafter referred to as “Seller”), hereby grants, bargains, sells, assigns,
transfers, and conveys unto Atmos Energy Corporation, 5420 LBJ Frwy, Suite 1800, Dallas, Texas 75240, a Texas and
Virginia corporation (hereinafter referred to as “Buyer”), its successors and assigns, all of Seller’s right, title, and interest to
and in the following, all of which is collectively referred to hereafter as the “Property”:
(a) that equipment and those facilities described in Attachment “1,” located on that property described,
configured and situated along the route described in Attachment “2,” all such attachments being a part hereof; and
(b) all easements and permits related to the equipment and facilities set forth above, as described in Attachment
“4,” being a part hereof
Seller warrants that it is the lawful owner in every respect of the Property, and that the new pipeline is free and clear
of all liens, security agreements, encumbrances, claims, demands, and charges of every kind whatsoever. Seller further
warrants that it is not aware of any existing violations of any law, ordinance, or regulation relating to the Property, or of any
latent or patent defects in the Property.
TO HAVE AND TO HOLD unto the said Buyer, its successors and assigns forever, to warrant and defend the title
to the Property against every person whomsoever lawfully claiming the Property or any part of it.
Seller further agrees to execute and deliver any and all further conveyances, assignments, bills of sale, certificates,
instruments of transfer, or other documents that may be necessary or appropriate to effectuate the terms hereof, and the terms
of that certain Work Assignment Supplement between Buyer, Seller, and dated , and to vest in
Buyer, its heirs, representatives, successors, and assigns, title to the Property.
IN WITNESS WHEREOF, this Bill of Sale and Assignment is executed on the day of , 200_.
Atmos Energy Corporation
By: By:
Title: Title:
QUOTE - Gas Infrastructure
DATE:09/22/08
ï òØÜÑÄ
TO:Alex Fisher
ñØÆÔÊÇÔÑÑØ éå
The Fain Group
íÕÎÏØ
Location:Rolling Oaks Memorial Center
÷ÜÅ
Coppell,TX
UNITTOTAL
ITEM/DESCRIPTIONQTYUNITPRICEESTIMATE
1lots11,500.00$
Install Atmos infrastructure in project : $ 11,500.00
includes all labor,material,sandbackfill and equipment
to required to install per Atmos design dated : 09-05-
08
- (950) l.f.2" poly by open cut along Ruby Rd.
- (40) l.f. 2" by directional bore along Ruby Rd
beside the existing fence
- install 1 - 1 1/4" SL Riser w/ stop & plug
-testing,bends,tees,test
stations,caps,collars,signs,tracer wire,and marker tape
$ 11,500.00
TOTAL
NOTES:
We will require 4 working days to complete the gas infrastructure.
We will bill for the entire amount of the above quote upon completion of work, since Atmos accepts
responsibility for the new infrastructure it is assumed that no retainage will be held from this billing .
It is assumed that staking and density testing, if required, will be paid by others and any spoils will be placed
on site. ( Quote Good for 30 days )
óÎØ õÔÑÑ
Signature9/22/2008
Joe HillDate