320.2 Release of Subsurface Information
This guidance establishes procedures for releasing factual subsurface information free of charge to potential bidders, or to other recipients when deemed appropriate by the district engineer. Release of letters or reports containing opinions or recommendations is outside the scope of this article.
|Transmittal Letter from District Geologist|
|Limiting Conditions for Subsurface Logs|
|General Notes Regarding Subsurface Logs and Test Data|
- 1 320.2.1 Procedure
- 2 320.2.2 Report
- 3 320.2.3 Litigation
- 4 320.2.4 Examples
Contracts where electronic data is provided with the bidding documents shall contain a job special provision entitled "Electronic Information for Bidder's Automation JSP-05-05". When the contract includes cross sections or structures, the electronic information shall include subsurface data collected for the project.
The District Geologist (DG) is to obtain an advance copy of the letting schedule as soon as possible from district planning personnel. Upon receipt, the DG or authorized representative is to assemble a packet of all applicable factual subsurface information for the project. District Soils and Geology Technologist may be substituted where applicable when there is no District Geologist.
The District Engineer may also direct the release of factual subsurface information to other public agencies, community development corporations, chambers of commerce, or such other parties as deemed appropriate. However, such releases of subsurface information to parties other than potential bidders should be done over the signature of the District Engineer.
3220.127.116.11 Changes in Project Conditions
It is intended that bidders shall be furnished all factual information which is available from within the limits of the project. Where changes in grade or structure bent locations, for example, have caused additional borings to be made, both the old and new borings are to be included. If project alignment changes have been made, subsequent to completion of the subsurface investigation, the bidder is to be provided information, as a listed attachment in the letter of transmittal, which would permit him to make any necessary corrections in stationing. If an alignment change has resulted in additional borings for cut classification purposes, the old borings are also to be included if they fall within any area to be excavated.
318.104.22.168 Release of Subsurface Information
Factual subsurface information shall be accompanied by (1) a standard sheet entitled "Limiting Conditions for Subsurface Logs" and (2) a standard sheet entitled, "General Notes Regarding Subsurface Logs and Test Data". Non-bidders requesting subsurface information shall also receive (3) a letter over the signature of the District Geologist, addressed to the party requesting the information. The district shall retain a copy of the information released and maintain a record of the persons obtaining this information.
Transmittal Letter from District Geologist, Limiting Conditions for Subsurface Logs and General Notes Regarding Subsurface Logs and Test Data show examples of the letter of transmittal and the standard sheets entitled "Limiting Conditions for Subsurface Logs" and "General Notes Regarding Subsurface Logs and Test Data". The exact wording and format of the standard letter and sheets are to be used as shown except that the letter of transmittal is to be prepared on a district letterhead and may also include any necessary notes to explain applicable changes in project conditions as discussed in Changes in Project Conditions. All logs and test data summaries which follow the standard sheets shall be numbered consecutively using a numbering machine.
A notation is included on Limiting Conditions for Subsurface Logs, to the effect that any other subsurface information which the department has may be inspected in the district office upon request. Such information is to be made available for the bidder's review. This information is not to be removed from the office nor shall copies be furnished except in compliance with applicable instructions from the General Headquarters regarding implementation of the Sunshine Act.
322.214.171.124 Charges for Information
Factual subsurface information to be released free of charge to bidders ordinarily will consist of boring logs from preliminary geotechnical reports and structure foundation investigation reports and summaries of test data accompanying various special soils investigation reports. Types of subsurface investigation documents that are not to be routinely released without charge but which may be made available for inspection to bidders include written reports containing opinions, interpretations and recommendations. Examples include the text and summary sheets from the preliminary geotechnical report, preliminary bridge information reports, letters of transmittal for structure foundation reports, and the text of various special soils investigation reports. Copies of this information may however be subject to recovery through provision of the Sunshine Act. Procedures for release of information under provisions of this act are outside the scope of this guidance.
Subsurface information obtained at the request of or under the direction of the Chief Counsel's office is considered privileged and is not subject to inspection or release except by the Chief Counsel's office. Any request to inspect or obtain copies of subsurface logs or other types of information by attorneys other than those representing the Commission shall be referred to the Commission’s legal staff.