| 1 | 1 | | LRB-0945/1 |
|---|
| 2 | 2 | | JPC:cjs |
|---|
| 3 | 3 | | 2023 - 2024 LEGISLATURE |
|---|
| 4 | 4 | | 2023 ASSEMBLY BILL 483 |
|---|
| 5 | 5 | | October 12, 2023 - Introduced by Representative DALLMAN. Referred to Committee |
|---|
| 6 | 6 | | on State Affairs. |
|---|
| 7 | 7 | | ***AUTHORS SUBJECT TO CHANGE*** |
|---|
| 8 | 8 | | AN ACT relating to: expenditure of $927,428.70 from the general fund in |
|---|
| 9 | 9 | | payment of a claim against the state made by Zenith Tech, Inc. |
|---|
| 10 | 10 | | Analysis by the Legislative Reference Bureau |
|---|
| 11 | 11 | | This bill directs expenditure of $927,428.70 from the general fund in payment |
|---|
| 12 | 12 | | of a claim against the Department of Transportation by Zenith Tech, Inc. The |
|---|
| 13 | 13 | | claimant entered into a contract with DOT to remove and reconstruct the West |
|---|
| 14 | 14 | | Milwaukee Street Stock River Bridge in Janesville, Wisconsin. The claimant asserts |
|---|
| 15 | 15 | | that the water levels on site were dangerously high throughout much of the project |
|---|
| 16 | 16 | | and created site conditions materially different than those indicated in the contract |
|---|
| 17 | 17 | | documents and that the changed conditions resulted in delays and additional |
|---|
| 18 | 18 | | expenses. Due to site conditions, the claimant requested DOT delay the start of the |
|---|
| 19 | 19 | | project which DOT refused. DOT maintains that the claimant should not have relied |
|---|
| 20 | 20 | | on the hydraulic information in the project specification, that the claimant should |
|---|
| 21 | 21 | | not have relied on specific river conditions that were subject to change, and that the |
|---|
| 22 | 22 | | claimant was responsible for choosing the means and methods for performing its |
|---|
| 23 | 23 | | work. The claimant asserted it is entitled to an equitable adjustment in the contract |
|---|
| 24 | 24 | | price and requested $471,926.70 for additional costs, $276,902.00 for winter |
|---|
| 25 | 25 | | inefficiency costs, and reversal of $165,600.00 in liquidated damages imposed by |
|---|
| 26 | 26 | | DOT. On September 7, 2021, the claims board denied the claim because it concluded |
|---|
| 27 | 27 | | that the claimant did not demonstrate the criteria necessary to justify a change in |
|---|
| 28 | 28 | | work order under the contract, and that the claimant has raised questions of fact |
|---|
| 29 | 29 | | regarding its request to delay the project's start date that are better evaluated by a |
|---|
| 30 | 30 | | court of law (see 2021 Assembly Journal, p. 488). |
|---|
| 31 | 31 | | 1 |
|---|
| 32 | 32 | | 2 - 2 -2023 - 2024 Legislature LRB-0945/1 |
|---|
| 33 | 33 | | JPC:cjs |
|---|
| 34 | 34 | | ASSEMBLY BILL 483 |
|---|
| 35 | 35 | | For further information see the state fiscal estimate, which will be printed as |
|---|
| 36 | 36 | | an appendix to this bill. |
|---|
| 37 | 37 | | The people of the state of Wisconsin, represented in senate and assembly, do |
|---|
| 38 | 38 | | enact as follows: |
|---|
| 39 | 39 | | SECTION 1.0Claim against the state. |
|---|
| 40 | 40 | | (1) There is directed to be expended from the appropriation s. 20.505 (4) (d) |
|---|
| 41 | 41 | | $927,428.70 in payment of a claim against the state brought by Zenith Tech, Inc., |
|---|
| 42 | 42 | | Waukesha, WI 53187, as reimbursement for work performed on department of |
|---|
| 43 | 43 | | transportation project 5990-00-34. Acceptance of this payment releases this state |
|---|
| 44 | 44 | | and its officers, employees, and agents from any further liability resulting from work |
|---|
| 45 | 45 | | performed by the claimant on department of transportation project 5990-00-34. |
|---|
| 46 | 46 | | (END) |
|---|
| 47 | 47 | | 1 |
|---|
| 48 | 48 | | 2 |
|---|
| 49 | 49 | | 3 |
|---|
| 50 | 50 | | 4 |
|---|
| 51 | 51 | | 5 |
|---|
| 52 | 52 | | 6 |
|---|
| 53 | 53 | | 7 |
|---|
| 54 | 54 | | 8 |
|---|