B-153278, FEB. 19, 1964

B-153278, FEB. 19, 1964

TO MR. ROY NORQUIST:

FURTHER REFERENCE IS MADE TO YOUR LETTER DATED DECEMBER 30, 1963, IN REGARD TO OUR SETTLEMENT OF DECEMBER 20, 1963, WHICH DISALLOWED YOUR CLAIM FOR $995 ALLEGED TO BE DUE FOR EXTRA WORK PERFORMED BY YOU IN CONNECTION WITH THE ABERT-CAN SPRINGS SALE UNDER DEPARTMENT OF AGRICULTURE CONTRACT NO. 12-11-026; 45965.

UNDER THE CONTRACT THE AMERICAN FOREST PRODUCTS COMPANY WAS THE PRIME CONTRACTOR AS A TIMBER SALE PURCHASER IN THE FREMONT NATIONAL FOREST AND YOU WERE A SUBCONTRACTOR. ON THE THE CONTRACTUAL OBLIGATIONS OF THE AMERICAN FOREST PRODUCTS COMPANY WAS TO CONSTRUCT CERTAIN ROADS INCLUDING A SEGMENT OF ROAD NO. 3624. IT APPEARS, HOWEVER, THAT CERTAIN EMPLOYEES OF THE FOREST SERVICE, WHO HAD RESPONSIBILITY FOR INSPECTION OF CONSTRUCTION BUT NO CONTRACTING AUTHORITY, REQUESTED YOUR FOREMAN TO DO CERTAIN ADDITIONAL WORK WHICH INVOLVED THE CONSTRUCTION OF AN INTERSECTION THAT WAS NOT CALLED FOR UNDER THE ORIGINAL PLANS BUT WOULD MAKE AVAILABLE AN ACCESS FROM ROAD NO. 3624 TO OLD ROAD NO. 3744. THE FOREST SERVICE EMPLOYEES WHO AUTHORIZED THE ADDITIONAL WORK APPARENTLY UNDERSTOOD THAT THERE WOULD BE AN ADJUSTMENT IN THE CONSTRUCTION OF ROAD NO. 3624 AT OTHER POINTS TO COMPENSATE FOR THE ADDITIONAL WORK OF CONSTRUCTING THE INTERSECTION. IT IS REPORTED THAT YOU DID NOT UNDERSTAND THE SITUATION THIS WAY AND WENT AHEAD WITH THE ADDITIONAL WORK AND FILED A CLAIM FOR $995 THEREFOR.

THE RECORD CLEARLY SHOWS THAT THE GOVERNMENT HAD AN URGENT NEED FOR ACCESS FROM ONE ROAD TO THE OTHER FOR FIRE CONTROL PURPOSES. MOREOVER, THE AUTHORIZED CONTRACTING OFFICIALS OF THE FOREST SERVICE HAVE REPORTED THAT THE GOVERNMENT DID BENEFIT FROM THE ADDITIONAL WORK PERFORMED BY YOU. PARTICULARLY PERTINENT ALSO IS THE FACT POINTED OUT BY THOSE OFFICIALS THAT DUE TO THE URGENT NEED FOR SUCH ACCESS, THE INTERSECTION WOULD, IN ANY EVENT, HAVE BEEN CONSTRUCTED AT A LATER DATE BY ANOTHER METHOD HAD NOT THE MISUNDERSTANDING OCCURRED. THUS, SINCE THE AGREEMENT HAS BEEN AFFIRMED BY THOSE OFFICIALS WE ARE TODAY ISSUING INSTRUCTIONS TO OUR CLAIMS DIVISION TO ALLOW YOU, ON A QUANTUM MERUIT BASIS, $515 IN THIS PARTICULAR CASE WHICH IS THE APPROXIMATE AMOUNT RECOMMENDED BY THE FOREST SERVICE AS REPRESENTING THE REASONABLE VALUE OF THE ADDITIONAL WORK PERFORMED.

WITH RESPECT TO THE BALANCE OF $480 OF THE TOTAL AMOUNT CLAIMED BY YOU, THE FOREST SERVICE REPORTS THAT THE ENTIRE CONSTRUCTION OF ROAD NO. 3624 WAS OVERBUILT, PRESUMABLY BY REASON OF AN ARRANGEMENT WITH THE AMERICAN FOREST PRODUCTS COMPANY SINCE THIS COMPANY USES WIDE BUNK TRUCKS AND THE ADDITIONAL ROAD SURFACE IS DESIRABLE UNDER THESE CIRCUMSTANCES. KEEPING, THEREFORE, WITH SUCH OVER-ALL TYPE OF CONSTRUCTION IT IS FURTHER REPORTED THAT THE INTERSECTION ALSO WAS OVERBUILT BY YOU BEYOND THAT WHICH WAS REQUIRED. THE MORE ELABORATE INTERSECTION OBVIOUSLY RESULTED IN EVEN GREATER ADDITIONAL COSTS BEING INVOLVED. MOREOVER, THE FOREST SERVICE ADVISES THAT BY REASON OF THE ADDITIONAL EXCAVATION NECESSARY TO CONSTRUCT THE INTERSECTION, FILL MATERIAL REQUIRED BY YOU FOR ROAD NO. 3624 IN THAT VICINITY BECAME AVAILABLE TO YOU CLOSER THAN IT OTHERWISE WOULD HAVE BEEN AND SUCH CONDITION UNDOUBTEDLY INURED TO YOUR BENEFIT.

ACCORDINGLY OUR SETTLEMENT DATED DECEMBER 20, 1963, IS SUSTAINED AS TO $480 OF THE TOTAL AMOUNT CLAIMED BY YOU.