Workplan for SEP-14 Project "Sakonnet River Bridge No. 250 Brief"
Rhode Island Department of Transportation
No Excuse Bonus
September 30, 2008
Description: Bridge Replacement
The existing Sakonnet River Bridge, which includes a fracture critical 3–span truss, is suffering from extensive corrosion in virtually all structural components. The effect of this corrosion on the capacity of the structure varies greatly throughout the bridge due to the high variation of stress levels in different components. Extensive inspection and analysis efforts have resulted in the posted weight restrictions which are far below statutory loadings. Structural elements critical to the integrity of the structure and the safety of the public have been supplemented through various repair contracts, but deterioration of stringer ends, crossbeams supporting the deck joints, floor beam connections, steel bent columns, main girder flanges, bracing elements, and truss elements is ongoing, likely at an accelerated pace. Recurring inspection efforts and analyses of critical components will remain in effect until the structure no longer carries traffic.
The purpose of this "No Excuse Bonus" contracting method is to ensure the work necessary to construct the new Sakonnet River Bridge No. 250 and switching traffic off from the old bridge is completed in the shortest time possible. RIDOT sees the use of this bonus as the best available method to achieve this purpose.
This project involves the complete replacement of the Sakonnet River Bridge No. 250 with either a steel or concrete segmental alternative. Two design alternatives are being advertised, with the low bid of the two alternatives to be awarded and constructed. Work under this contract consists of, but is not limited to: superstructure construction, abutment and pier construction, deep foundation installations, excavation, MSE Wall construction, highway approach reconstruction of Route 24 and associated ramps, drainage improvements, construction of a new Evans Avenue Bridge, rehabilitation of the existing Hummocks Avenue bridge, sidewalks, bituminous wearing surfaces, pavement markings, and new highway and architectural lighting. Plan preparation was done as with normal procedures.
This project has a substantial completion date of May 15, 2013 and a milestone completion date for switching traffic from the old bridge to the new bridge of May 11, 2012. The concern for the deteriorating condition of the existing bridge resulted in advancing the schedule and offering a No-Excuse Bonus for completing both dates a year ahead of time.
The project Special Provisions will specify the work that will be required to be complete by the Substantial Completion Date in order to for the Contractor to qualify for the No Excuse Bonus. RIDOT will make the determination as to whether all work necessary for Substantial Completion has been satisfactorily completed.
An initial/final report will be submitted to FHWA after the completion of the project. The report will include an evaluation of the technique used, the industry and Agency reactions and issues, and a recommendation as to whether or not to use this construction method on future projects.
Contract Provision RICN: 2008-CB-056, Date: 8/28/2008
CODE 108.12 NO-EXCUSE BONUS PAYMENT AND WAIVER OF CONTRACTOR CLAIMS
The Engineer will pay the Contractor a one-time "No-Excuse Bonus Payment" in the amount of $2,000,000.00, subject to the completion dates and terms set forth herein:
The work defined by the "Interim Completion Date 5", as specified in 108.1 000 Prosecution and Progress, shall be completed by May 11, 2011. This date is hereafter referred to as the "No-Excuse Bonus Payment Interim Completion Date".
The work defined by Substantial Completion, as specified in the Contract Documents, shall be met by May 15, 2012 This date is hereafter referred to as the "No-Excuse Bonus Payment Substantial Completion Date"
For purposes of the calculation and the determination of entitlement to the "No-Excuse Bonus Payment" stated above, the "No-Excuse Bonus Payment Interim Completion Date" and the "No-Excuse Bonus Payment Substantial Completion Date" will not be adjusted for any reason, cause or circumstance whatsoever, regardless of fault, save and except in the instance of a catastrophic event, as determined by the Engineer. The Engineer will be the sole judge as to what event constitutes a catastrophic event.
Payment of the "No-Excuse Bonus Payment" does not preclude the Engineer from assessing liquidated damages pursuant to Section 108.1000 of these Special Provisions. The Engineer reserves the right to assess such liquidated damages, even after determining the Contractor's potential eligibility for payment of the "No-Excuse Bonus Payment".
The parties anticipate that delays may be caused by or arise from any number of events during the course of the Contract. Such delays or events and their potential impacts on performance by the Contractor are specifically contemplated and acknowledged by the parties in entering into this Contract, and shall not extend the "No-Excuse Bonus Payment Interim Completion Date" nor the "No-Excuse Bonus Payment Substantial Completion Date" set forth above. Further, any and all costs or impacts whatsoever incurred by the Contractor in accelerating the Contractor's work to overcome or absorb such delays or events in an effort to complete the Contract by the "No-Excuse Bonus Payment Interim Completion Date" and the "No-Excuse Bonus Payment Substantial Completion Date", regardless of whether the Contractor successfully does so or not, shall be the sole responsibility of the Contractor in every instance.
In the event of a catastrophic event directly and substantially affecting the Contractor's operations on the Contract as determined by the Engineer, the Contractor and the Engineer shall mutually agree as to the number of calendar days to extend the "No-Excuse Bonus Payment Interim Completion Date" and the "No-Excuse Bonus Payment Substantial Completion Date". In the event that the Contractor and Engineer are unable to mutually agree to the number of calendar days to extend these date, the Engineer will unilaterally determine the number of calendar days to extend them as reasonably necessary and due solely to such catastrophic event, and the Contractor shall have no right whatsoever to contest such determination.
As conditions precedent to the Contractor's entitlement to the "No-Excuse Bonus Payment", the Contractor must satisfy the following:
- Complete the work defined above on or before the "No-Excuse Bonus Payment Interim Completion Date" and the "No-Excuse Bonus Payment Substantial Completion Date", as accepted by the Engineer.
- Notify the Engineer in writing, within 30 calendar days of acknowledgement by the Engineer of successfully meeting the Completion Dates, as set forth herein, that the Contractor elects to be paid the No-Excuse Bonus Payment. Such written notice shall constitute a full and complete waiver, release and acknowledgment of satisfaction by the Contractor of any and all claims, causes of action, issues, demands, disputes, matters or controversies, of any nature or kind whatsoever, known or unknown, against the Engineer, its employees, officers, agents, representatives, consultants, and their respective employees, officers and representatives, the Contractor has or may have. This waiver, release and acknowledgment of satisfaction shall be all-inclusive and absolute, save and except any routine Engineer final accounting quantity adjustments.
Should the Contractor fail to meet the requirements specified herein on or before the specified dates, and as accepted by the Engineer, or should the Contractor, having done so, fail to timely request the "No-Excuse Bonus Payment" for any reason, including but not limited to, the Contractor choosing not to fully waive, release and acknowledge satisfaction as set forth in (2) above, the Contractor shall have no right to any payment whatsoever under this provision.
In the event the Contractor elects to exercise the "No-Excuse Bonus Payment" provision, should this provision conflict with any other provision of the Contract, the Contract shall be interpreted in accordance with this provision. Actual payment of the "No-Excuse Bonus Payment", if eligible as set forth above, is to be made only after full completion of the project and Final Acceptance is obtained from the Engineer.