Section 6: Partnering
Every construction project is a joint effort between the Department and the contractor. Cooperate with contractor personnel to expedite the work without violating the terms and conditions of the contract. The purpose of partnering is for TxDOT and the Contractor to achieve mutually beneficial goals. TxDOT should not use the partnering process to circumvent contract provisions.
Use the Department’s Partnering Program to improve working relationships and reduce construction related disputes and claims. The goals of the program are to:
- Anchor: #AGTODKGU
- handle issues fairly and honestly, Anchor: #WNSEFKXX
- interpret and apply the specifications in a reasonable manner (this does not relieve the contractor of their responsibility in conforming to the specifications), and Anchor: #PCJWHWLB
- maximize the quality and efficiency in a fair manner.
Informal partnering does not make use of a facilitator, while formal partnering uses the services of a facilitator (internal or external). The need for partnering will be determined by the DE after consideration of the following factors:
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- contract complexity, Anchor: #AAKYMYBC
- impact on traveling public, Anchor: #QTLBYGNQ
- high profile contracts and those with potential for recognition, Anchor: #VHMNVXVQ
- high degree of risk for citizen or partner complaints, Anchor: #SIUARDRP
- required Road User Costs and/or the use of incentives/disincentives, Anchor: #ABAMYDUN
- contracts requiring coordination between multiple partners (including resource agencies), and Anchor: #FWAOBLLB
- the presence of environmentally critical areas.
Complete the following tasks to arrange an informal partnering meeting.
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- Compile a list
of the individuals and entities who should participate in the initial
partnering workshop, including:
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- Department personnel (e.g., inspectors, record keepers, project engineers), Anchor: #FAKQNKXQ
- contractor personnel (e.g., foremen, superintendents, project managers), and Anchor: #UJFVWMTX
- representatives of all interested parties (e.g., subcontractors, material suppliers, city and county officials, utility companies).
- Select an internal facilitator responsible for meeting planning, development, delivery, and producing and supplying participants with the final report.
Schedule the partnering meeting.
- Anchor: #RRCFYOGQ
- Provide sufficient advance notification to identified meeting participants to ensure attendance. Anchor: #PRCUEAKG
- Conduct the meeting – may be held prior
to or in combination with the preconstruction meeting.
- Partnering Agreement Anchor: #AYXDUATH
- Partnering Pledge ( Form 2391) Anchor: #SNGJXCVQ
- Escalation Ladder
- Reimburse the contractor for half the costs of the partnering meeting.
Either party may withdraw from an agreement reached at a partnering meeting by providing written notice to the other party. Make every reasonable effort to restore a partnering agreement prior to providing written notice of the Department’s withdrawal from the agreement. The sole remedy for non-performance of a partnering agreement is termination of the agreement.