01/22/08 Nelson to Castles/USFS Water Line Upsizing Costsage
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January 22, 2008
Frank Castles
Public Works
City of Kalispell
306 First Avenue East
Kalispell, MT 59901
RE: USFS Building - 650 Wolfpack Way
Water Line Upsizing Costs
Dear Frank:
In response to your correspondence related to the Water Line upsizing we are becoming very
concerned that the costs we incurred to upsize the water lines are not going to be reimbursed as
we had been instructed they would be.
When we initiated design of the project and made our original submittal of the water line design
in the late fall of 2006 our construction manager, Don Lawhead, and our engineer Dan Lozar of
the Kalispell Office of TD&H, advised us that the City of Kalispell requested an upsizing of the
water lines from 12" to 14" lines along Stillwater Road. If I am to understand the reimbursement
offered by the City, this part of the "upsizing" has been approved by the City and the
corresponding reimbursement of 59,305.21. This correlates with our understanding and we
agree with the reimbursement.
In your letter of November 1, 2007 to Mr. Steve Lorch with the DNRC you assert that the DNRC
is responsible for the reimbursement to Kalispell USFS LLC of the upsizing costs in Wolfpack
Way from an 8" water line to a 12" water line. We do not agree with your assertion that the
DNRC is responsible to reimburse this amount.
During the entire process of submittal of engineered plans, permitting of those plans, installation,
and approval of the water infrastructure the City of Kalispell was the only party who requested
the upsizing of these specific water lines. To this end, we are in receipt of a letter from you
dated September 19, 2006 to Dan Mr. Dan Lozar of TD&H which specifically describes the
upsizing of the lines along Wolfpack and the last sentence of the letter clearly states that "The
City will pay the cost of upsizing of this main from 8" to 12".
Communication with the City as well as your September 19, 2006 that the City of Kalispell
would reimburse for the water upsizing of both the extension down Stillwater Rd. and within
Wolfpack Way.
We are in receipt of the City's check for S9,305.00, for the Stillwater upsizing and we will look
forward to receiving the Wolfpack upsizing costs of S8,882.2 3 from the City.
Sincerely
L
. t
Grant>R. Nelson
On -behalf of Kalispell USFS LLC
Cc: Jim Patrick, City Manager
Charlie Hai -ball, City Attorney
JUn Hansz, Public Works Director/City.Engineer
Swank Enterprises
Attention: Grant E. Kerley
P.O. Box 10007
Kalispell, MT 59904
Steve Lorch
Mike Sullivan
Montana DNRC