LRB-3868/2
JTK:jlg:km
1999 - 2000 LEGISLATURE
March 21, 2000 - Introduced by Senator Roessler. Referred to Joint committee on
Finance.
SB484,1,2
1An Act relating to: expenditure of $49,776.35 from the general fund in payment
2of a claim made by Rosendale Farm Equipment, Inc.
Analysis by the Legislative Reference Bureau
This bill directs expenditure of $49,776.35 from the general fund in payment
of a claim made by Rosendale Farm Equipment, Inc., against the department of
administration (DOA). The claimant entered into a contract with DOA dated
January 28, 1997. The contract called for construction of a manure storage structure
at the Waupun State Prison Farm in Dodge County. During construction of the
project, soil compaction tests were performed and the soil failed to meet the
compaction standards specified in the contract. The claimant asserts that bedrock
was encountered significantly closer to the surface than had been indicated in the
request for proposal prepared by DOA. Therefore, the claimant did not anticipate
that excessive soil moisture would impact the construction. To address the excessive
moisture, the pit area was excavated down to bedrock and the area was filled with
stone. The claimant asserts that this work was orally authorized by DOA, but no
written change order was issued. DOA asserts that this work was ordered by the
claimant's engineer without DOA's knowledge. Although DOA conceded that some
form of remedy was required and the remedy employed by the claimant benefitted
the project, DOA refused to approve payment for the remedy because it asserts that
the claimant had notice of its obligations under the contract and no modification was
agreed to. The claimant claimed $49,776.35, which was the actual cost of the
additional excavation and fill billed by the claimant's excavation contractor. On
August 16, 1999, the claims board recommended denial of this claim (see Senate
Journal, p. 240).
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:
SB484, s. 1
1Section
1.
Claim against the state. There is directed to be expended from
2the appropriation under section 20.505 (4) (d) of the statutes, as affected by the acts
3of 1999, $49,776.35 in payment of a claim against the state made by Rosendale Farm
4Equipment, Inc., Brandon, Wisconsin, as reimbursement for additional excavation
5costs incurred under its contract with the department of administration dated
6January 28, 1997, for construction of a manure storage structure at the Waupun
7State Prison Farm. Acceptance of this payment releases this state and its officers,
8employes and agents from any further liability resulting from any costs incurred by
9the claimant under this contract.
