LRB-1605/1
JTK:kmg:ijs
1999 - 2000 LEGISLATURE
January 19, 1999 - Introduced by Representative Ladwig. Referred to Committee
on Assembly Organization.
AB38,1,3
1An Act relating to: the expenditure of $1,277,306 from moneys appropriated to
2the department of transportation for payment of a claim against the state made
3by James Cape and Sons Company.
Analysis by the Legislative Reference Bureau
This bill directs expenditure of $1,277,306 from moneys appropriated to the
department of transportation (DOT) in payment of a claim made by James Cape and
Sons Company against DOT. In 1992 and 1993, the claimant performed work for
DOT under contract for highway improvements at the intersection of I 94 and STH
156 in Kenosha County. The claimant alleges that it performed additional work on
this project and incurred related costs that were not contemplated by its contract
with DOT. The claimant alleges that these costs were necessitated by delays, design
errors, inconsistent direction and premature suspension of part of its work by DOT,
which delayed its anticipated completion dates for parts of the project. The costs
included $956,363 in direct costs for pavement spread loss and cold weather
protection, extended equipment costs, additional mobilization costs and dirt
rehandling, $125,984 in overhead costs, together with $194,959 for the estimated
costs of preparing this claim, additional bonding costs and profit on all costs except
bonding costs (total = $1,277,306). DOT alleges that it approved a revised work
schedule for the project submitted by the claimant, but the claimant failed to adhere
to its revised schedule, and DOT acted reasonably and within its authority under the
contract in suspending work for the winter. On May 27, 1998, the claims board
recommended denial of this claim (see 1997 Senate Journal, pp. 723-724).
For further information see the state fiscal estimate, which will be printed as
an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB38, s. 1
1Section
1.
Claim against the state. There is directed to be expended from
2the appropriation account under section 20.395 (3) (bq), (br) or (bx) of the statutes,
3or any combination thereof, as determined by the department of transportation,
4$1,277,306 in payment of a claim against the state made by James Cape and Sons
5Company, Racine, Wisconsin, to compensate it for the costs of additional work and
6related costs that were not contemplated under its contract with the department of
7transportation in connection with improvements to I 94 and STH 165 in Kenosha
8County in 1992 and 1993. Acceptance of this payment operates as a full and complete
9release to this state and its officers, employes and agents from any further liability
10to the claimant resulting from the performance of this work.
