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FTTP-CS050408From'. To: Date: Subject: "Don Hathaway" <don@klaasmeyer.com> <kmarvin@ci.coppell.tx.us> 4/8/2005 11:14:12 AM FW: Klaasmeyer FTTP Agreement Keith, I am forwarding you the notes from the meeting at Dig Tess. This meeting was attended by ATMOS Energy, TXU Electric, STS Locating and Comcast. All parties agreed to this manner of locate tickets, If you have any questions let Jim Bartlett or Myself know. Thanks, Don Hathaway Klaasmeyer Construction Company 2901 Waketon Rd Flower Mound, TX 75022 972-874-3913 office 972-874-3916 fax 972-877-5455 cell From: Lee Marrs [mailto:LeeMarrs@digtess.org] Sent: Monday, March 28, 2005 2:30 PM To: Kenneth Hart (E-mail); Melanie Rheingans (E-mail); Lance Brown (E-mail); Annette Morris (E-mail); cgrimes@stsus.net; don@klaasmeyer.com; brentgilbert@smp.com Cc: Mike Losawyer Subject: Klaasmeyer FTTP Agreement Importance: High I appreciate your attendance at the meeting today, I think we made a good start toward resolving the issues surrounding this construction initiative. Attached is the draft of the understanding that we reached in our meeting today. Please contact me with any errors that should be corrected or clarifications that need to be made. One thing that occurred to me is that this agreement is unknown to any party that was not in our meeting. It will be important to communicate the intent and spirit of this agreement to any other party who becomes involved. Lee Marrs Texas Excavation Safety System, Inc. 11880 Greenville Avenue, Suite 120 Dallas, Texas 75243-3568 Phone/Fax: 972-280-8631 Website: <http://www.digtess.org/> www.digtess.org CC: <jim @klaasmeyer.com>, <kenneth.hart@verizon.com > DRAFT DRAFT DRAFT DRAFT Action Plan to Handle Locates for FTTP Project Meeting Held at DIG TESS 3/28/2005 BackRround Klaasmeyer Construction is a contractor on the FTTP project. Klaasmeyer has hired numerous subcontractors to install fiber optic cable. Due to weather or other scheduling challenges, Klaasmeyer cannot say for certain which of the numerous subcontractors will perform each installation. At the start of the project, Klaasmeyer submitted locate requests under their name, and then various subs would perform the excavation. Facility owners incurring damages would pursue Klaasmeyer for damage recovery. Klaasmeyer began placing a locate request for each subcontractor for each job. This resulted in 12-14 (or more) locate requests being submitted per job, overloading the Iocators and causing unnecessary expense. Meeting 3/28/2005 A meeting was held at 10:00 AM at the DIG TESS conference room. In attendance were: Mike Rasmussen Comcast Lance Brown Atmos Energy Marry Morelan Comcast Melanie Rheingans Atmos Energy Annette Morris Comcast Kenneth Hart Verizon Don Hathaway Klaasrneyer Jeramy Comyford STS/Utiliquest Jim Bartlett Klaasmeyer Charley Grimes STS/Utiliquest Brent Gilbert SM&P Mike Losawyer DIG TESS Dan Pomeroy SM&P Lee Marrs DIG TESS The issues were discussed thoroughly in the spirit of problem-solving for mutual benefit and the following agreement was reached: A. Klaasmeyer will formulate a list of abbreviations for each of their subcontractors. That list will be appended to the "Remarks" section on each locate with the note that, "one of these excavators will be performing the work on this locate request." B. The facility owner/operator representatives at the meeting will communicate with their claims forces to inform them of this agreement. The intent is that if damage occurs, the claims people will contact Klaasmeyer to identify the excavator performing the work that led to the damage, allowing the claims department to pursue the correct party. C. Should for some reason the excavator responsible for the damage not be able to be located, Klaasmeyer will use the retainage held from each subcontractor to settle the claims as appropriate. DRAFT DRAFT DRAFT DRAFT