View source for 105.5 Cooperation by Contractor (Sec 105.5)

Refer to [https://www.modot.org/missouri-standard-specifications-highway-construction Sec 105.5] for instructions regarding the obligation of the contractor to have a set of contract documents on the job site and an agent with knowledge and authority over the project.

It is the responsibility of the Resident Engineer to encourage an atmosphere of cooperation with the contractor and other interested parties to help ensure a quality job. However, as the department's representative, the Resident Engineer must ensure that the work meets all contract requirements. It should not be expected to obtain more than what is specified, nor can any less than the contract requires be accepted. 

'''Partnering''' 

Partnering is a management technique used to improve communications and establish an environment of cooperation between all parties. Using a systematic approach, a teamwork spirit is developed, mutual goals set, problem areas identified and a formal conflict resolution process established. Use of the partnering concept promotes good decision-making. It does not change any of the contract provisions. 

Partnering should be implemented on a voluntary basis for projects selected by MoDOT based on cost, complexity, and contract time and on projects for which partnering is initiated by the contractor. Projects involving major structures, complex interchanges or critical completion dates are especially suited to partnering. 

For projects where both MoDOT's and the contractor's personnel have not had previous partnering experience, a full partnering session with an outside consultant as facilitator is recommended. For projects where personnel have had substantial partnering experience, an abbreviated session with an experienced department facilitator is usually adequate. On projects where all personnel are thoroughly experienced in partnering, a brief session to draft and sign a new project-specific agreement and discuss problems should be satisfactory. 

The initial partnering session should be held as soon as possible after the project is awarded. It is essential that all stakeholders be present. MoDOT upper management as well as project-level personnel, prime and subcontractor upper and project-level management, representatives of utilities and other public agencies should attend. 

Follow-up meetings must be scheduled to maintain the momentum established at the initial meeting. These meetings must have an agenda and brief minutes with a list of attendees. Regular meetings may be weekly, monthly or at some other regular interval. If they are not scheduled, routine problems tend to go unresolved until they become major issues. 

Regular meetings should be held on the project or in the Resident Engineer's office. MoDOT will pay for one half of all reasonable expenses. These expenses will be nonparticipating by FHWA. If meeting expenses are involved, the contractor should make initial payment and submit an invoice to the project office for payment on the project estimate. Meal expenses are exempt from participation. Copies of any invoices for meeting expenses should be kept with the agenda, minutes, and list of attendees in a project office partnering file for each project. 

Acceptance of gifts as partnering items must follow MoDOT's guidelines for gratuities. Partnering logo decals, patches, or signs should be used with discretion so as not to be construed as advertising for the contractor. Signs displayed near meeting sites on the project are acceptable. Signs placed near the roadway in such a manner as to be displayed primarily for the general public are not. The purchase of special items for partnering projects shall be avoided regardless of the method of cost distribution. 

A brief partnering summary must be prepared and submitted to the State Construction and Materials Engineer at the conclusion of each partnered project. This summary is critical to the future of partnering at MoDOT and should present an analysis of any advantages gained by the partnering process regarding safety, quality, conflict resolution, timely completion and total cost. A separate analysis by the contractor should be included. Emphasis should be placed on comparison of the partnered project to the outcome of similar projects that were not partnered.

[[Category:105 Control of Work|105.05]]