Number
010664
Version
ORIGINAL
Reference
Sponsor
THE CHAIR
Title
Resolution authorizing the expenditure of $50,000.00 from the Outside Counsel/Expert Witness Fund for the purpose of retaining expert witnesses arising out of the lawsuit of Super Excavators, Inc. v. City of Milwaukee, Case No. 01-CV-001325. (City Attorney)
Analysis
Resolution authorizing the expenditure of $50,000.00 from the Outside Counsel/Expert Witness Fund for the purpose of retaining expert witnesses arising out of the lawsuit of Super Excavators, Inc. v. City of Milwaukee, Case No. 01-CV-001325.
Body
Whereas, The City of Milwaukee Department of Public Works in 1997 awarded a contract for sewer construction along West Brown Street from North 26th Street to North 29th Street in the sum of $5,412,049.00 to Super Excavators, Inc.; and
Whereas, Super Excavators, Inc. has filed a lawsuit against the City seeking contract extras in excess of $880,000.00, and claiming that the extras were due to work done beyond the requirements of the contract, including excavation of a recovery shaft in order to recover a tunnel boring machine, which caused additional costs and expenses for labor, equipment, materials, supplies and overhead; and
Whereas, It would be in the City's best interest in preparation for trial to retain expert witnesses and pay expenses related to the litigation; now, therefore, be it
Resolved, By the Common Council of the City of Milwaukee that the expenditure of $50,000.00 be authorized from the Outside Counsel/Expert Witness Fund Number 0001 1490 0001 S157 634001 for the purpose of retaining expert witnesses in the above-referenced matter; and, be it
Further Resolved, That the Office of the City Attorney is hereby authorized and directed to engage the services of experts and pay other litigation expenses related to the above-referenced actions.
Requestor
City Attorney
Drafter
LUB:lma
8-15-01
1029-2001-729
44135