One-Hundred and Fifth Regular Session
TUESDAY, August 16, 2022
The Chief Clerk made the following entries under the above date.
_____________
Petitions and Communications
State of Wisconsin
Wisconsin Ethics Commission
August 9, 2022
The Honorable, the Senate:
Pursuant to Wis. Stats. §13.685 (7), we are providing the enclosed information. Please visit the Wisconsin Ethics Commission’s Eye on Lobbying website, https://lobbying.wi.gov, for more detailed information about lobbyists, lobbying principals (organizations), and state agency liaisons. Jerominski, Chelsea Association of Equipment Manufacturers
Sincerely,
DANIEL A. CARLTON, JR.
Administrator
_____________
State of Wisconsin
Wisconsin Ethics Commission
August 16, 2022
The Honorable, the Senate:
Pursuant to Wis. Stats. §13.685 (7), we are providing the enclosed information. Please visit the Wisconsin Ethics Commission’s Eye on Lobbying website, https://lobbying.wi.gov, for more detailed information about lobbyists, lobbying principals (organizations), and state agency liaisons. Hrdlicka, Joseph Genentech, Inc, A Member of the Roche Group
Scudder, Bria AbbVie, Inc.
Sincerely,
DANIEL A. CARLTON, JR.
Administrator
_____________
State of Wisconsin
Claims Board
August 11, 2022
Enclosed is the report of the State Claims Board covering the July 21, 2022 meeting of the Board.
Those claims approved for payment pursuant to the provisions of §16.007 have been paid directly by the Board. This report is for the information of the Legislature, The Board would appreciate your acceptance and publication of it in the Journal to inform the members of the Legislature.
Sincerely,
ANNE L. HANSON
Secretary
STATE OF WISCONSIN CLAIMS BOARD
On July 21, 2022, the State of Wisconsin Claims Board met via Zoom videoconference and considered the following claims:
Hearings were conducted for the following claims:
Claimant Agency Amount
11.
JRT Top Notch Roofs Administration $213,302.77 22.
Walsh Construction Transportation $8,630,650.62 33.
Mercy Health Systems Health Services $3,069,168.00 and MercyCare Insurance
Company
The following claims were decided without hearings:
Claimant Agency Amount
44.
Joseph May Innocent Convict $2,330,528.00 Compensation
55.
Charles Bliesner Corrections $219.83 66.
Joshua Flynn Corrections $1,663.13 77.
De’Angelo Wallace Corrections $175.65 With respect to the claims, the Board finds:
(Decisions are unanimous unless otherwise noted.)
1. JRT Top Notch Roofs of Milwaukee, Wisconsin claims $213,302.77 for damages allegedly related to a contract with the Department of Administration for the Esker Hall roof replacement project at UW-Whitewater. The bid documents stated that project would begin “on or before” a date provided in the notice to proceed and the notice to proceed said the project would begin “on or before” May 17, 2021.
JRT was awarded the contract and submitted a tentative project schedule with a 4/5/21 start date. DOA rejected that schedule and told JRT they were not allowed to mobilize until 5/17/21 (the Monday after commencement). JRT claims that this start date was contrary to the bid documents and notice to proceed. JRT alleges that the later start date impacted its ability to acquire project materials in a timely manner due to industry-wide shortages. JRT explained the shortages multiple times, but DOA allegedly refused to negotiate in good faith. Despite JRT’s efforts to meet DOA’s demands, DOA stopped communicating with JRT and terminated the contract. JRT believes the schedules it submitted were contractually compliant and that DOA had no right to terminate the contract.
JRT demands that DOA rescind the contract termination and reinstate JRT on the project. If JRT is not allowed to complete the project, it requests $213,302.77 in lost revenue.
DOA points to the fact that the contract signed by JRT stated work was to begin “on or after” a date specified in the Notice to Proceed. DOA notes that the bid documents clearly stated that mobilization was not scheduled to take place until June 2021, therefore, JRT’s bid would have been based on a mobilization date after 5/17/21. To the extent that there was any confusion in the bid documents, bidders were to notify DOA prior to the bid opening, which JRT did not do. DOA concedes that the Notice to Proceed inadvertently stated that work would begin “on or before” 5/17/21 but believes that any alleged confusion was resolved when DOA clearly informed JRT that it would not be permitted to mobilize until that date.
In response to JRTs concerns about procuring materials, DOA proposed extending the completion deadline by 16 days. The fact that JRT was not satisfied with this resolution does not mean DOA acted in bad faith. DOA notes that the contract allowed JRT to obtain and request reimbursement for offsite materials storage. DOA believes that any difficulties obtaining project materials were caused by JRT’s failure to purchase those materials in a timely manner.
