| 1 | 1 | | LRB-1630/1 |
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| 2 | 2 | | JPC:kms |
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| 3 | 3 | | 2023 - 2024 LEGISLATURE |
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| 4 | 4 | | 2023 SENATE BILL 50 |
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| 5 | 5 | | February 14, 2023 - Introduced by Senators COWLES and CABRAL-GUEVARA, |
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| 6 | 6 | | cosponsored by Representatives GOEBEN and GUSTAFSON. Referred to |
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| 7 | 7 | | Committee on Government Operations, Elections and Consumer Protection. |
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| 8 | 8 | | AN ACT relating to: expenditure of $201,197.70 from the general fund for |
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| 9 | 9 | | payment of a claim against the state made by Pheifer Brothers Construction |
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| 10 | 10 | | Co., Inc. |
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| 11 | 11 | | Analysis by the Legislative Reference Bureau |
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| 12 | 12 | | This bill directs the expenditure of $201,197.70 from the general fund in |
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| 13 | 13 | | payment of a claim against the Department of Transportation by Pheifer Brothers |
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| 14 | 14 | | Construction Co., Inc. The claimant entered into a contract with DOT to perform |
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| 15 | 15 | | work on the 2019 Ahnapee River Bridge project in Kewaunee County associated with |
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| 16 | 16 | | DOT project 4409-12-71. The claimant asserted that the subsurface conditions |
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| 17 | 17 | | differed from the conditions indicated in the bidding documents and that the |
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| 18 | 18 | | claimant incurred significant additional costs as a result. The claimant claimed |
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| 19 | 19 | | $201,197.70 for the cost of making multiple design changes to the project due to the |
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| 20 | 20 | | differing subsurface conditions. DOT denies the claimant's assertion that there were |
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| 21 | 21 | | differing subsurface conditions; asserts that the design changes were made at the |
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| 22 | 22 | | claimant's request in order to facilitate fulfillment of the contract; and argues that |
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| 23 | 23 | | additional compensation would be contrary to both the contract and the Wisconsin |
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| 24 | 24 | | Constitution. On March 22, 2022, the Claims Board denied the claim because it |
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| 25 | 25 | | concluded that the claimant has raised questions of fact with respect to the |
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| 26 | 26 | | subsurface conditions of the project that are better evaluated by a court of law (see |
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| 27 | 27 | | 2021 Senate Journal, p. 944-45). |
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| 30 | 30 | | 3 - 2 -2023 - 2024 Legislature LRB-1630/1 |
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| 31 | 31 | | JPC:kms |
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| 32 | 32 | | SENATE BILL 50 |
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| 33 | 33 | | For further information see the state fiscal estimate, which will be printed as |
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| 34 | 34 | | an appendix to this bill. |
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| 35 | 35 | | The people of the state of Wisconsin, represented in senate and assembly, do |
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| 36 | 36 | | enact as follows: |
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| 37 | 37 | | SECTION 1.0Claim against the state. |
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| 38 | 38 | | (1) There is directed to be expended from the appropriation under s. 20.505 (4) |
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| 39 | 39 | | (d) $201,197.70 in payment of a claim against the state brought by Pheifer Brothers |
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| 40 | 40 | | Construction Co., Inc., Neenah, WI 54956, as reimbursement for work performed on |
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| 41 | 41 | | department of transportation project 4409-12-71. Acceptance of this payment |
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| 42 | 42 | | releases this state and its officers, employees, and agents from any further liability |
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| 43 | 43 | | resulting from work performed by the claimant on department of transportation |
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| 44 | 44 | | project 4409-12-71. |
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| 45 | 45 | | (END) |
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