Typical Contract Language

Note - the language listed below is not intended to represent current contract requirements. Should you have questions regarding the specific contract requirements for any of the listed agencies/companies, please contact that agency/company directly.

California Department of Transportation (Caltrans)
Pacific Gas and Electric Company (PG&E)
Bay Area Rapid Transit District (BART)
Valley Medical Center (VMC)
Arizona Department of Transportation (ADOT)
Washington Department of Transportation

California Department of Transportation (Caltrans)

PARTNERING - The State will promote the formation of a "Partnering" relationship with the contractor in order to effectively complete the contract to the benefit of both parties. The purpose of this relationship will be to maintain cooperative communication and mutually resolve conflicts at the lowest possible management level.
2
The Contractor may request the formation of such a "Partnering" relationship by submitting a request in writing to the Engineer after approval of the contract. If the Contractor’s request for "Partnering" is approved by the Engineer, scheduling of a "Partnering" workshop, selecting the "Partnering" facilitator and workshop site, and other administrative details shall be as agreed to by both parties.
3
The costs involved in providing a facilitator and a workshop site will be borne equally by the State and the Contractor. The Contractor shall pay all compensation for the wages and expenses of the facilitator, and of the expenses for obtaining the workshop site. The State’s share of such costs will be reimbursed to the Contractor in a change order written by the Engineer. Markups will not be added. All other costs associated with the "Partnering" relationship will be borne separately by the party incurring the costs.
4
The establishment of a "Partnering" relationship will not change or modify the terms and conditions of the contract and will not relieve either party of the legal requirements of the contract. Top

Pacific Gas and Electric Company (PG&E)

Partnering is the key to the success of the Project. PG&E and the contractor will participate in the following meetings.

2.1.1 A partnering retreat will be conducted immediately after Contract award. The location, duration, suggested attendees, and agenda will be developed mutually by both Parties. The purpose of the retreat is to identify and understand common goals, create and foster an environment of trust, and establish partnering objectives and evaluation criteria. Other meetings will plan and coordinate all aspects of the Work so that all requirements are fully understood by both Parties.

2.1.2 Periodic meetings will be held to foster teamwork, review the project status, resolve issues, and to provide performance feedback to both Parties.

Bay Area Rapid Transit District (BART)

SC8.1.1 District Partnering Policy. It is the policy of the District to encourage the Contractor to enter into a "Partnering" arrangement with the District as describe below. The Contractor is not obligated to enter into a Partnering arrangement with the District. There will be no penalties of any kind imposed on the Contractor if it elects not to participate in a Partnering arrangement.

Parntering consists of a voluntary effort by the District, the GEC, and the Contractor to develop joint goals and to establish a cooperative atmosphere regarding execution of the construction project. To initiate the Partnering arrangement, the parties will conduct an open discussion prior to the start of the job at a meeting arranged through a Professional Facilitator. It is expected that, at the conclusion of the initial discussion, the parties will express a consensus regarding among other things, the respective goals in completing the Contract. Thereafter, the parties will continue discussions as necessary and will conduct periodic joint evaluations of performance throughout the life of the Contract. It is expected that the parties will use the services of a Professional Facilitator not only at the initial discussion but, if needed, to assist in later discussions. Top

SC8.1.2 Partnering Goals. The Goals of Partnering are as follows:

1) For the Contractor, the GEC, and the District to work as partners;

2) To avoid confrontation and litigation among the parties;

3) To reach a mutual understanding on how the construction project is to be conducted; and

4) To establish an atmosphere of trust and communication.

SC8.1.3 Allowance. An allowance has been included in the Contract to pay the costs of the Professional Facilitator and the expenses of the meeting. The allowance will not cover the salaries and costs of the participants. The Contractor, if it elects to participate in the Partnering arrangement, shall be responsible for payment of the Professional Facilitator and for the meeting expenses and will be reimbursed of these costs from the allowance as described in Section 01025, Measurement and Payment.

SC8.1.4 Contract Rights. The Partnering arrangement will not alter either the District’s or the Contractor’s legal rights and obligations under the Contract. Top

Valley Medical Center (VMC)

P. PARTNERING AND ALTERNATIVE DISPUTE RESOLUTION:

1. The County intends to encourage the foundation of a cohesive partnership with the Construction Manager, Contractor, and the Contractor’s subcontractors, the County’s representative and consultants, and the Architect/Engineer and their consultants. The PARTNERING and Alternative Dispute Resolution Program is detailed in Section 12 of the Project Manual. Top

Arizona Department of Transportation (ADOT)

104.01

(A) Voluntary Partnering:

The Arizona Department of Transportation intends to encourage the foundation of a cohesive partnership with the contractor and its principal subcontractors. This partnership will be structured to draw on the strengths of each organization to identify and achieve reciprocal goals. The objectives are effective and efficient contract performance and completion within budget, on schedule, and in accordance with plans and Specifications.

This partnership will be bilateral in makeup, and participation will be totally voluntary. Any cost associated with effectuating this partnering will be agreed to by both parties and will be shared equally.

To implement this partner initiative within 30 days of notice to award and prior to the preconstruction conference, the contractor’s on-site project manager and ADOT’s Construction Supervisor will meet and plan a partnering development seminar/team building workshop. At this planning session arrangements will be made to determine attendees at the workshop, agenda of the workshop, duration, and location. Persons required to be in attendance will be the ADOT Construction Supervisor and key project personnel; the contractor’s on-site project manager and key project supervision personnel of both the prime and principal subcontractors. The project design engineers and key local government personnel will also be invited to attend as necessary. The contractors and ADOT will also be required to have Regional/District and Corporate/State level managers on the project team.

Follow-up workshops will be held periodically throughout the duration of the contract as agreed by the contractor and Arizona Department of Transportation.

The establishment of a partnership charter on a project will not change the legal relationship of the parties to the contract nor relieve either party from any of the terms of the contract.

 For negotiated contracts your partnering language might be a letter that states your desire to partner the project. Partnering in the private sector has been going on for several years. As owners seek to limit the number of vendors, they have selected long-term "partners" who make a commitment to working together. The obvious difference between public and private partnering is the ability to choose your partner. In public works there is some sort of bid or pre-qualification/low bid selection process involved in selecting the contractor(s). Private projects focus more on developing a long-term relationship. Both lend themselves to developing effective partnerships, but in different ways.

Your partnering language should reflect what you want to achieve through the partnering process. Contracts or specifications can be written so they reward both parties for creating a good partnership. Top

Washington Department of Transportation

The successful bidder will have the opportunity to enter into a cooperative partnership agreement with the State for the contract. The objective of this agreement is the effective completion of the work, on time and to the standard of quality that will be a source of pride to both the State and the Contractor. The "Partnering" agreement will no affect the terms of the contract. It is intended only to establish an environment of cooperation between the parties.

An initial two day training session is recommended to initiate the partnership agreement. The cost of this training to the Contractor will be approximately $_________. The State has arranged for training to begin approximately one month after execution of the contract.

Participation in "Partnering" is voluntary and not a requirement of the contract. Therefore the costs associated with "Partnering" should not be included in the bid. Top

For more information:

291 McLeod St
Livermore, CA 94550

925 449-8300 phone
925 449-0945 fax