- 103 - SECTION 113 -- PARTNERING
113.01 Description
1."Partnering" is an approach to contract administration whereby all parties to the contract, as well as individuals and entities associated with or affected by the contract, commit themselv es to working together to complete the contract in the most cost effective ways possible while operating within the provisions of the contract.
2.a. The "partnering" approach is expected to be utilized on all projects. It may be informal in nature, or it may be expressly called for in the proposal (formal partnering program).
b.When provisions for a formal partnering program are not included in the contract, one may be in itiated if all parties to the contract agree to its inclusion in the contract.
113.02 Contract Requirements
1.Formal partnering programs shall include a preconstruction "partnering workshop" and regularly scheduled meetings throughout the construction period st ated in the contract.
2.a. The Contractor shall be res ponsible for employing a facilitator trained in the recognized principles of partnering to conduct the partnering workshop. The workshop is expected to be of no more than one or two day’s duration.
b.The facilitator shall be responsible for:
1.Encouraging open discussions which examine the concerns of both parties.
2.Guiding the parties to establish a hierarchical protocol which attempts to resolve disputes th rough discussion rather than litigation.
3.Achieving an understanding between both parties that will help define fundamental responsibilities of each party.
4.Training all parties to be sensitive to the limitations of the other parties while trying to find ways to help each other perform at an optimum level.
5.Assisting with the preparation of a non-binding "partnering agreement" to be signed by the parties attending the workshop.
3.The Contractor shall provide a location for regularly scheduled meetings during the construction period. The Contractor shall encourage the attendance of Subcontractors, affect ed utilities, concerned businesses, residents, and the Engineer's staff at these meetings so that any and all conflicts can be resolved at the earl iest possible date and at the lowest managerial level possible.
113.03 Method of Measurement and Basis of Payment
1.Informal partnering will not be measured for payment and is considered subsidiary to other items of work for which direct payment is made.
2.a. When a formal partnering prog ram is called for in the proposal or when the Contractor and the Depar tment mutually agree to implement a formal partnering program, the Department will share equally in the cost of
113.03 Partnering
- 104 - the facilitator, the facility, meals, and incidentals directly associated with the partnering workshop.
b.The Department will prepare a supplemental agreement to reimburse the Contractor for the Depa rtment's share of the costs for the facilitator, the facility, meals, and inci dentals directly associated with the partnering workshop.
c.The Department will not share in the Contractor's or any other participant's (except the facilitator) tr avel, lodging, or per diem costs. - 105 - SECTION 114 -- CONSTRUCTION STAKING
114.01 Description
1.Department and Cont ractor Responsibilities: Each project will have the construction staking done by either the Contractor or the Department. When the pay item "Construction Staking" is shown in the bid proposal Schedule of Items and in the contract, then the Contractor shall accomplish the requ irements in Paragraph 3. of this Subsection. When the Department has t he responsibility to accomplish the construction staking shown in Paragraph 2. of this Subsection, then the pay item "Construction Staking" will not be shown in the contract or the Schedule of Items.
2.Department provided construc tion stakes, lines, and grades shall include:
a.The Engineer will furnish and set construction stakes or benchmarks establishing lines and grades and will furnish the Contractor with all necessary information relating to them. For bridges, the Contractor may require the Engineer to furnish stakes determining the centerlines of all substructure units, together with stakes determining the angles of the wings or retaining walls.
b.The Contractor shall furnis h, free of charge, all additional stakes, templates, and other materials necessary for marking and maintaining all reference points and lines. The Contractor shall construct the work in accordance with the Engineer's stakes and marks, making use of them before they are disturbed.
c.The Contractor shall be responsible for the preservation of all stakes and marks. The cost of replac ing any stakes or marks destroyed or disturbed by the Contractor shall be charged against, and deducted from, the payment for the work at the rate of $125 per hour for each hour of Department time spent replacing the C ontractor disturbed reference points.
d.The Department will not be responsible for delays due to lack of stakes unless the Contractor, when moving onto the work, has given one week's notice that such stakes are needed. Thereafter, 48 hour notice is required.
3.Contractor provided constr uction stakes, lines, and grades:
a.The contract and the bid pro posal Schedule of Items will show the pay item "Construction Staking" when the Contractor is responsible for staking requirements.
b.Contractor Constructi on Staking shall consist of:
1.Establishing or reest ablishing the project centerline.
2.Referencing or re-referencing all necessary control points.
3.Running a circuit of bench levels to check or reestablish plan benchmarks.
4.Setting other benchmarks as needed.
5.Staking right-of-way or restaking right-of-way where needed if it has been previously staked and performing all construction layout and reference staking nece ssary for the proper control and satisfactory completion of all structur es, grading, paving, drainage, and all
Source: Nebraska Standard Specifications for Highway Construction, 2017 Edition. Pages 137–138 of 1,048.