Brent and Jim, Please follow up with Clay to confirm Charter facilities in the area in question. Please let me know what the impact will be to Charter. Thanks Greg Piatt Construction Supervisor (817)298-3625 Office (817)825-1912 Cell From: Clay Barnett [mailto:cbarnett@addisontx.gov] Sent: Friday, January 21, 2011 2:05 PM To: Troy Hoffman (thoffman@prgconsulting.net) Cc: Nancy Cline; Ext_mail John Hill; Randy Moravec; Piatt, Greg J; Friske, Jim Subject: RE: Damage Claim Form Troy, Although I was mistaken about the Franchise Agreement, I am sure that Jim Friske told me that Charter does not maintain any facilities in the Town of Addison. Additionally, I personally visited the site the day the line was hit and did not see any line locates for Charter Cable. You have stated that Charter is on the distribution list for Texas 811 for this area. I pulled one of the Texas 811 tickets for this area and attached it to this email. The entities listed are Time Warner Cable, Town of Addison, Atmos Energy, Verizon, Oncor and AT&T. However, I did not see Charter as being contacted for this service area. As I have stated, I have spoken with Mr. Jim Friske and he has stated that they have no facilities located in the Town of Addison. I emailed Mr. Piatt as you directed, but have not received a response from him. Do you have any additional contacts at Charter that we can make aware that they do have facilities in the Town of Addison and that they are required to be relocated? The Town of Addison has made every effort to insure that the road is completed prior to the new George Bush Elementary School opening this August including contacting Texas 811 and Charter themselves. If Charter is unwilling or unable to respond in a timely manner to relocating any and all facilities affected by the construction at the site, then it may affect how and when access to the George Bush Elementary School is available. Currently, there is an orange line that I am told belongs to Charter attached to a pole that is scheduled to be removed prior to moving to the next phase of construction. We are anticipating moving to this phase in mid February. If Charter has not removed their facilities from the poles at that time it will delay construction and thus affect opening of the new elementary school. Therefore, I need someone at Charter to contact me and confirm that they do possess utilities in the Town of Addison and make an effort to relocate them. In the absence of an acknowledgement that they have facilities in town and failure to be included in this service area for Texas 811, it is highly likely that the facilities will continue to be damaged. We need a prompt resolution to this matter. Please have a representative at Charter contact me at their earliest convenience. Thanks, Clay Barnett, P.E. Town Engineer Town of Addison 16801 Westgrove Drive Addison, TX 75001-2818 Office: (972) 450-2857 From: Randy Moravec Sent: Friday, January 21, 2011 9:16 AM To: Clay Barnett; Troy Hoffman (thoffman@prgconsulting.net) Cc: Nancy Cline; Ext_mail John Hill; Matt McCombs; Holly Wilburn Subject: RE: Damage Claim Form Clay, I would like to correct some misconceptions you have regarding Charter Cable. 1) Charter does have a franchise with the Town that was assumed from Planned Cable Systems, which received the original franchise in 1989. 2) Charter does have customers in Addison and remits us franchise fees on a quarterly basis. 3) To serve its customers, Charter does have facilities in Town right-of-way. I believe most of these are located in the Town’s west side, primarily along Marsh. Concerning cable franchises, for all intents and purposes, all a company needs now to operate in Addison is a state franchise. The company needs to comply with our right-of-way ordinance and regulations, but that is all we can require of them. Please let me know if you wish to discuss further. Randy From: Clay Barnett Sent: Thursday, January 20, 2011 12:15 PM To: Troy Hoffman (thoffman@prgconsulting.net) Cc: Nancy Cline; Randy Moravec; Ext_mail John Hill Subject: FW: Damage Claim Form Troy, The Town of Addison is quite concerned that Charter Cable has facilities in Town. According to an email I received from Jim Friske with Charter Cable in April, 2007, Charter Cable had no facilities within the Town of Addison. Additionally, to my knowledge Charter Cable does not hold a franchise agreement with the Town of Addison. Finally, Charter Cable has not responded to any of the of the requests for Texas 811 nor are they on the distribution list for Texas 811 for this area. Please send us the person at Charter Cable who has contacted you as we would like to speak with them directly concerning these issues. Thanks, Clay Barnett, P.E. Town Engineer Town of Addison 16801 Westgrove Drive Addison, TX 75001-2818 Office: (972) 450-2857 From: Matt McCombs Sent: Thursday, January 20, 2011 11:15 AM To: Clay Barnett Subject: FW: Damage Claim Form Clay – Do you know if “inland site construction” is working as a sub for any of your projects? Matthew E. McCombs Management Analyst Town of Addison (972) 450-7090 Fax: (972) 450-7065 mmccombs@addisontx.gov From: Holly Wilburn Sent: Thursday, January 20, 2011 11:10 AM To: Matt McCombs Subject: FW: Damage Claim Form Do you know any reason why they need to let us know they are placing a claim against another company? The gentlemen stated they are a subcontractor for Addison. Can you confirm if they are doing anything for the town of Addison? Thanks, Holly Wilburn Town of Addison Accounting Specialist hwilburn@addisontx.gov ph: 972-450-7062 fax: 972-450-7096 From: Troy Hoffman [mailto:thoffman@prgconsulting.net] Sent: Thursday, January 20, 2011 10:41 AM To: Holly Wilburn Subject: FW: Damage Claim Form Hello Holly, Trying to send my below email from Tuesday again. Thanks for your help. Troy From: Troy Hoffman [mailto:thoffman@prgconsulting.net] Sent: Tuesday, January 18, 2011 4:01 PM To: 'hwilburn@addisontx.gov' Subject: Damage Claim Form Holly, Per our conversation, I am just trying to determine if there is a specific form that Addison requires for filing a damage claim. As mentioned, this claim for Charter is heading to Inland Site Construction who is a subcontractor on a Town of Addison project, however my company will be notifying the Town of Addison of the claim concurrently just in case we need to get with the city down the road. We do not want to find ourselves outside of statute due to no prior notification. If there is no specific form, the correct contact info for claim submittal will do just fine as well. I appreciate your assistance on this. Thanks, Troy Troy Hoffman Project Resources Group, Inc. 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