STSP 6 Partnering
Scope of Work
r. 5/1/96
STANDARD SPECIAL PROVISION
SCOPE OF WORK
2.Scope of Work. The Work under this Contract consists of the construction of , and all incidental items necessary to complete the Work as shown on the plans and included in the Proposal and Contract.
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NOTE TO SPECIFIER: This STSP is to be used on projects where Partnering is to be utilized.
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Section 40-01 of the Standard Specifications is amended as follows:
A. Covenant of Good Faith and Fair Dealing. This Contract imposes an obligation of good faith and fair dealing in performance and enforcement.
The Contractor and the Department, with a positive commitment to honesty and integrity, agree to the following mutual duties:
1. Each will function within the laws and statutes applicable to their duties and responsibilities.
2. Each will assist in each other's performance.
3. Each will avoid hindering the other's performance.
4. Each will proceed to fulfill its obligations diligently.
5. Each will cooperate in the common endeavor of the Contract.
B. Voluntary Partnering. The Department intends to encourage the foundation of a cohesive partnership with the Contractor and its principal subcontractors and suppliers. 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 specification.
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. The Contractor shall make full payment for those costs, and will be reimbursed by the Department for 50 percent of those services.
To initiate the partnership prior to starting of work in accordance with the requirements of Section 80 PROSECUTION AND PROGRESS and prior to the preconstruction conference, the Contractor's management personnel and the Department's project personnel will make arrangements to determine attendees at the workshop, agenda of the workshop, duration, and location. Persons required to be in attendance will be: the Department's project manager and Airport Engineering Section Chief; the consultant's resident engineer and project manager; key project supervision personnel of both the prime and principal subcontractors and suppliers; and the airport manager. The Contractor will also be required to have Regional/District and Corporate/State level managers on the project team. Additional people will be invited to attend as necessary.
Follow-up workshops may be held periodically throughout the duration of the Contract as agreed by the Contractor and the Department.
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.