Carl M. Geupel Construction Co. v. Department of Highways

14 Ct. Cl. 200

• Court: West Virginia Court of Claims
• Decided: March 5, 1981
• Docket: Claim No. CC-79-172
• Status: Published

Opinion

ORDER AND RECOMMENDATION

This day came the claimant, Carl M. Geupel Construction Co., Inc., by counsel, Wayne A. Sinclair, and the respondent, Department of Highways, State of West Virginia, by counsel, Stuart Reed Waters, Jr., and jointly represented to the Court that as directed by the Court in its opinion issued in the above styled claim, the parties have agreed to an amount of recovery for approval by the Court.

It is hereby jointly recommended by Carl M. Geupel Construction Co., Inc., claimant, and Department of Highways, State of West Virginia, respondent, that the claimant is entitled to recover from the respondent, the following sums of money on the following items:

I.COMMON CARRIER RATE INCREASE PRIOR TO FEBRUARY 15, 1976 SEE “EXHIBIT A” ATTACHED $16,846.54

II.COMMON CARRIER RATE INCREASE AFTER FEBRUARY 15, 1976 SEE “EXHIBIT B” ATTACHED $21,125.09

III.TAXES AND BOND

A. 2.2%, STATE BUSINESS AND OCCUPATION $ 835.38

B. 1.5% CITY BUSINESS AND OCCUPATION $ 569.57

C. .5% BOND $ 189.86

TOTAL RECOMMENDED AWARD $39,566.44

It is further agreed by and between the claimant and the respondent hereto that any additional amounts claimed not agreed to be paid in this recommendation, as set out and alleged in claimant’s Notice of Claim filed in this action, are to be disallowed and not considered by the Court for any award and are to be dismissed.

Upon consideration of the claimant’s and respondent’s representations, the Opinion of the Court heretofore filed in deciding the subject claim and the recommendations set out aforesaid, the Court is of the opinion to and does sustain the same and the same are hereby received, filed and accepted; and it is hereby further ordered that the claimant be and it is hereby granted an award against the respondent in the amount of Thirty-Nine Thousand Five Hundred Sixty-Six Dollars and Forty-Four Cents ($39,566.44).

It is hereby further ordered that any additional amounts claimed and alleged in claimant’s Notice of Claim not allowed in the above award, are hereby disallowed.

Entered this 5th day of March, 1981.

JOHN B. GARDEN/s Judge

Approved by:

Carl M. Geupel Construction Co., Inc., a corporation

By WAYNE A. SINCLAIR

Its Counsel

Department of Highways, State of West Virginia

By STUART REED WATERS, JR.

“EXHIBIT A”

Computations of the aggregate quantities set forth below were based upon item quantities paid through February 15, 1976, Project Materials Records and/or the Job Mix Formula for the payment items as submitted by the Contractor.

• 1. Item 501-1(8") Portland Cement Concrete Pavement, Non-Reinforced

Estimate ending February 15, 1976 2,141 SY

Estimate ending September 30, 1975 0

2,141 SY x 9 SY X -67 Ft. + 27 CY = 478.16 CY #57 Gravel 478.16 CY x 1.01 Ton/CY = 482.94 Tons x 0.60 -■ $289.76 Sand 478.16 CY X .585 Ton/CY = 279.72 Tons X 0.60 = $167.83

2. Item 501-6 (8") Continuously Reinforced Portland Cement Concrete Pavement

Estimate ending February 15, 1976 49,890 SY

Estimate ending September 30, 1975 18,244 SY

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3. Item

501-1(10") Portland Cement Concrete Pavement, Reinforced

Estimate ending February 15, 1976 16,969 SY

Estimate ending September 30, 1975 9,073 SY

4.Item

501-1 (10") Portland Cement Concrete Pavement, Non-Reiniorced

Estimate ending February 15, 1976 7,470 SY

Estimate ending September 30, 1975 1,686 SY

5.Item

502-(12") Portland Cement Concrete Approach Slab

Estimate ending February 15, 1976 329 CY

Estimate ending September 30, 1975 164 SY

6.Item 501-7 Anchor Joints

Estimate ending February 15, 1976 8 each

7.Item 610-3(2) Combination Concrete Curb and Gutter

Estimate ending February 15, 1976 3,376 LF

Estimate ending September 30, 1975 1,241 LF

3. Item 501-1 (9") Portland Cement Concrete Pavement Estimate ending February 15, 1976 Estimate ending September 30, 1975 6,878 SY 6,835 SY

9. #57 Gravel Stockpile 5,768 Tons X 0.60 $ 3,460.80

Sand Stockpile 3,967 Tons X 0.60 $ 2,380.20

TOTAL $16,846.54

“EXHIBIT B”

Computations of the aggregate quantities set forth below are based or. final quantities of the various items less amounts used and stockpiled prior to February 15, 1976.

1. Item 501-1 (8") Portland Cement Concrete Pavement, Non-Reinforced

2. Item 501-6(8") Continuous Reinforced Portland Cement Concrete Pavement

3.Item 501-1(10") Portland Cement Concrete Pavement, Reinforced

4.Item 501-1 (10") Portland Cement Concrete Pavement, N on-Reinforced

5.Item 502-1 (12") Portland Cement Concrete Approach Slab

8. Item 501-1(9") Portland Cement Concrete Pavement, Reinforce and Non-Reinforced

9. Less # 57 Gravel Stockpile Sand Stockpile to CO X X tí tí o o CO t-CO CO

TOTAL $21,125.09