Rock Clause In Contract

 
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Old 03-08-2007, 10:21 AM   #1
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Rock Clause In Contract


Looking at a retaining wall bid today. Referal from struct. Eng. that
knows of Me. Done many of these. Here's the problem. No geo Eng. on this project! No soils log! will drive in 1/2" rebar to check for rock

Please help with some ROCK CLAUSE language in your contracts.

THANK'S IN ADVANCE ,TOOL
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Old 03-08-2007, 10:30 AM   #2
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Re: Rock Clause In Contract


Quote:
Originally Posted by Driftwood View Post
Please help with some ROCK CLAUSE language in your contracts.
Scope of work includes:

Perform classified excavation; backfill with excavated soils.


Scope of work does not include:

Rock excavation; Provision of imported or borrowed backfill
material

Forget trying to develop legaleeze. Rather, attach to the contract agreement a detailed "schedule" of what work is included and what isn't. Just make sure to insert reference to the schedule in the "work" section of the contract.

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Last edited by PipeGuy; 03-08-2007 at 10:34 AM.
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Old 03-08-2007, 10:44 AM   #3
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Re: Rock Clause In Contract


Here is mine.

Quote:
Rock, poor soil conditions, water in excavations and other unforeseen site conditions may incur additional charges.
I include the poor soil and water because sometimes you wish for something solid to build on.
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Old 03-08-2007, 12:42 PM   #4
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Re: Rock Clause In Contract


The problem becomes defining what is "rock". Is rippable shale rock? How about the caliche in Las Vegas? What about hardpan that your backhoe can't get through?

Better to qualify along the lines of "removal of any material that cannot be removed by a XYZ Model ABC excavator/backhoe/shovel using conventional methods is not included".

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Old 03-08-2007, 05:52 PM   #5
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Re: Rock Clause In Contract


Drift,

We use under our heading of,

"Not included in this agreement is the cost of any,"

Work not described in this agreement.

Excavation or removal of any rock ? cy or larger, or ledge rock by any method. Including chipping, drilling, splitting, ripping, hammering, blasting, or chemical agent either by hand work or machinery.

The ? is determined by the size machine used on the job.
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Old 03-08-2007, 09:11 PM   #6
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Re: Rock Clause In Contract


I never get a retaining wall with good access. It's a shale hill ,behind house. looks like 3 men with jackhammers and wheelbarrows. We get a lot of bad access jobs.The dirt rock end will be time and materials.
wall and drainage fixed price. one job was 30 yds dirt through garage with 5 gal. buckets in S F
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Old 03-08-2007, 11:02 PM   #7
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Re: Rock Clause In Contract


Drift.

We do much the same. Try renting a conveyor they can make life a lot easier. We have a Bobcat 443 skidsteer 36" wide and a X320 excavator 39" wide the best pick, shovel and wheelbarrow in the world. The 320 has a thumb and hydraulic hammer on it. You would not believe how productive it can be. Good luck.
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Old 03-08-2007, 11:13 PM   #8
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Re: Rock Clause In Contract


Quote:
Originally Posted by Bob Kovacs View Post
The problem becomes defining what is "rock".
I just used this in a proposal a few weeks ago.
Not included
:Excavate trench rock of a more competent classification than “highly weathered”.

The physical characteristics that attend recognized geo-technical classifications (like "highly weathered") are well settled. Using recognized geo-technical terms can also be an effective way to "draw the line" when it comes to the limits of excavation you wish to establish.
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Old 03-14-2007, 09:31 PM   #9
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Re: Rock Clause In Contract


Here is something that I just used for a proposal.

Price for excavation are for favorable working conditions. If conditions such
as rock formations, high water table or any other unforeseen
problems requiring additional materials, time and labor, the responsible
individual will be notified and any additional costs will be added to the invoice.
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Old 03-15-2007, 09:42 PM   #10
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Re: Rock Clause In Contract


She is cheap,and would be trouble to work for. She didn't pass Kevin's tummy test. But I will bid and probably get a retaining wall in S.F.
Worked for them before.Have money and wall is out front,at street .will use your lingo thank's Drift

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