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:
- handle issues fairly and honestly
- interpret and apply the specifications in a reasonable manner (this does not relieve the contractor of their responsibility in conforming to the specifications), and
- 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:
- contract complexity
- impact on traveling public.
- high profile contracts and those with potential for recognition
- high degree of risk for citizen or partner complaints
- required Road User Costs and/or the use of incentives/disincentives.
- contracts requiring coordination between multiple partners (including resource agencies), and
- the presence of environmentally critical areas.
Procedure
Complete the following tasks to arrange an informal partnering meeting.
- Compile a list of the individuals and entities who should participate in the initial partnering workshop, including:
- department personnel (e.g., inspectors, record keepers, project engineers),
- contractor personnel (e.g., foremen, superintendents, project managers), and
- 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 and provide sufficient advance notification to identified meeting participants to ensure attendance.
- Conduct the meeting – may be held prior to or in combination with the preconstruction meeting.
- Informal partnering will be conducted with each part responsible for their own cost.
Complete the following tasks to arrange a formal partnering meeting.
- Compile a list of the individuals and entities who should participate in the initial partnering workshop, including:
- department personnel (e.g., inspectors, record keepers, project engineers),
- contractor personnel (e.g., foremen, superintendents, project managers), and
- representatives of all interested parties (e.g., subcontractors, material suppliers, city and county officials, utility companies).
- Select a facilitator responsible for meeting planning, development, delivery, and producing and supplying participants with the final report.
- Internal facilitator – the Contractor will be responsible for arrangements and for expenses incurred by their internal facilitator, including but not limited to meals, travel, and lodging. Department facilitators may be used at no additional cost.
- External facilitator – submit an invoice to the Engineer for reimbursement. The Department will reimburse the Contractor for half of the eligible expenses as approved. For external facilitator not approved by the Department but used at the Contractor’s option, the Contractor will be responsible for all cost of the external facilitator.
- Schedule the partnering meeting and provide sufficient advance notification to identified meeting participants to ensure attendance.
- Conduct the meeting – may be held prior to or in combination with the preconstruction meeting.
- For meeting facilities and appurtenances, submit an invoice to the Engineer for reimbursement. The Department will reimburse the Contractor for half of the eligible expenses as approved.
Partnering Performance
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.