This section is from the book "The Law Of Contracts", by William Herbert Page. Also available from Amazon: Commercial Contracts: A Practical Guide to Deals, Contracts, Agreements and Promises.
The grading shall include the proper shaping of sidewalks, the necessary slopes and the establishment of sub-grade for roadway, removing brush and trees and all necessary grubbing.
Where the embankment is less than three (3) feet the Contractor shall grub all trees and stumps, and if the embankment exceeds three (3) feet, all trees and stumps shall be close cut and grubbed to the extent designated by the Engineer.
Excavation. - In excavation the sides shall be neatly and evenly dressed to a slope of one and one-half horizontal to one vertical, or such other slope as the Engineer may direct.
The implements and methods used, especially in the case of blasting, shall meet with the approval of the Engineer.
In that part of the roadway where street railway tracks are to be relaid, the Contractor shall excavate to the top of the ties, and any additional ex-cavation necessary for the track work shall be done by the Street Railway Company.
Embankment. - In embankment, the sides shall be neatly and evenly dressed to a slope of one and one-half horizontal to one vertical, or such other slope as the Engineer may direct, and shall in all cases be formed of clear earth, clay, sand, gravel, or rock; no perishable or vegetable matter being used. Embankments shall be started on a firm base from which top-soil and perishable matter shall have been removed to the extent directed. The work shall be commenced at the slope stakes, and be deposited in layers not exceeding nine (9) inches in thickness when first spread; the layers shall be concave in form, commencing at the sides, and keeping the same at least one (1) foot higher than the center until the sides are up to the required height, when the remaining portion of earth shall be deposited in layers so as to conform to the proper shaping of the street.
In forming embankments each of the above nine (9) inch layers shall be thoroughly rolled with a steam roller of same weight as specified for sub-grade.
The Contractor shall also direct the movements of the wagons and carts used on the work, so that all parts of the embankment shall be equally compacted.
The Contractor must make all the necessary allowance for shrinkage and settlement in the embankments as they shall in no case be considered complete until at the proper height after consolidation.
Where the embankment rests upon a hillside, the ground shall be cleared of soil and all vegetable matter and benched to receive fill. Benching referred to must be done as directed by the Engineer, and shall be paid for at the price bid for grading per cubic yard.
Sub-grade. - The sub-grade shall be thoroughly solidified by a steam road roller giving a pressure of not less than 250 pounds per inch of width; during the rolling all low spots shall be filled and all high spots trimmed off; this process shall be continued until the sub-grade is thoroughly solidified, at the proper grade, and parallel to the proposed finished surface of the street. All places inaccessible to the roller shall be thoroughly rammed. All soft or spongy spots developed by the rolling shall be dug out and replaced with good earth, gravel or other material as may be required; all material used in this manner shall be paid for as grading, except broken stone, which if ordered shall' be paid for as such.
Measurement. - The measurement of excavation shall be that for material in place before removal; for embankment, shall be that in place after solidification. In either case the measurement shall only cover that done in accordance with the orders of the Engineer.
Payment. - If there is both excavation and embankment to be performed under this contract, payment shall' be made only for the one which is the larger of the two. The price per cubic yard for grading, unless otherwise specified, shall include the removal of all trees or other obstructions, all grubbing, trimming, the disposal of excessive material, the furnishing in place of all material in embankments, all solidification of embankment materials and sub-grade by rolling or otherwise, and all other work incidental to bringing the sidewalks, the side slopes and the sub-grade to the required solidification and cross section.
If no item for grading appears, it shall be understood that the price for this work shall be included in the prices bid for the other items of this contract.