Common use of Unsuitable Material Clause in Contracts

Unsuitable Material. The Design-Builders’ geotechnical engineer shall confirm that slopes, earthwork, pavement, and foundation subgrades satisfy the design and Contract Document requirements. The Design- Builders’ geotechnical engineer shall perform an inspection of all embankment and pavement subgrades and minor structure excavations immediately prior to placement of embankment fill, aggregate base, subbase or bedding materials to identify excessively soft, loose, dry or saturated soils that exhibit excessive pumping, weaving or rutting under the weight of the construction equipment. Such materials are considered unsuitable and must be removed or modified in place to provide adequate support for embankment, pavement subgrade or minor structures. Materials unsuitable for use in the Work shall be disposed of at an approved Disposal Area or landfill licensed to receive such Material unless the materials can be adequately treated in place through chemical and/or mechanically stabilized method that shall be approved by the Department. Such method shall be approved prior to use in the Work. All Unsuitable Materials shall be disposed of off-site and/or treated in place at no cost to the Department. Design-Builder shall identify unsuitable Materials and methods of treatment on the plans and cross sections.