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.
General. - This work will be done in connection with the resurfacing of existing water-bound macadam roadways. The resurfacing shall be done in general accordance with the specifications for water-bound macadam, except that the old roadway shall be used as the subgrade. Where the amount of stone required for the resurfacing is six (6) inches or less in depth, the entire amount shall be as required for the top layer of macadam; where more than six (6) inches of stone is required, the excess may be as required for the first layer of macadam and shall be thoroughly rolled. Before any stone is placed on the roadway, the old surface between the gutters shall be thoroughly scarified.
The top surface of the completed roadway shall be finished as specified for water-bound macadam, and shall be thrown open for travel for a period of two or more weeks, as the Engineer may direct, and shall then be thoroughly cleaned of dust and receive an application of asphaltic oil, as below specified.
Sample. - Before any oil is applied a one (1) pint sample shall be submitted to the Engineer. This sample must conform to the following tests, and after approval the oil must conform exactly to the sample. Failure to submit satisfactory sample within a reasonable time will be considered breach of contract
(b) The oil shall be an asphaltic oil meeting the following requirements: Oil. - This material shall be an asphaltic oil meeting the following requirements:
(1) The oil shall be the residuum obtained from the distillation of petroleum with an asphalt base.
(2) The gravity at 60 degrees F. shall be from 15 to 18 degrees Be.
(3) Flash test (closed tester), 350 degrees F.
(4) Fire test, 425 degrees F.
(5) When 20 grams of the oil are heated for 5 hours at 325 degrees F. in a constant - temperature oven, the loss shall not be more than 4%. The dish used shall be l 1/2 inches deep and 2 1/4 inches in diameter.
(6) A similar five-hour test at 400 degrees F. shall not show over 10% loss and the residue shall be very adhesive.
(7) The paraffine scale by the Helde Method shall not be over 4%.
(8) The asphalt contents, 100 penetration at 77 degrees F., shall not be less than 60%, the evaporation being carried on in the open air at the lowest possible temperature.
All oil used on the contract must conform exactly as to the sample and to the above specifications, and shall be applied as follows: The oil shall be distributed over the roadway by means of a special appliance so arranged as to enable the operator to distribute the oil uniformly over the surface and to control the flow, both as regards the quantity applied, which shall be not less than one-half (1/2) gallon of oil to one (1) square yard of surface, and the width of the strip to be treated. Special attention shall be taken to avoid spreading any oil on street car rails, cross-walks and gutters. Should any spots or streaks occur, the Contractor must broom same until the entire surface is covered with oil.
After completion of the application as above specified, clean, coarse sand shall be uniformly distributed over the oiled surface by means of a sand spreader, using approximately one (1) cubic yard of sand for every one hundred and sixty (160) square yards of surface oiled. The sand used must be such as will meet the approval of the Engineer. All cross-walks shall be suitably covered with sand to prevent tracking the oil. The roadway shall be oiled in stretches of approximately four hundred (400) feet, each stretch to be blocked off until the oil has dried. The entire width of the roadway is to be oiled at one operation.
The Contractor will be required to furnish such evidence as the Engineer may require as to the origin and amount of each separate tank of oil used on the work.
Payment. - The above described resurfacing will be paid for under two items: First, under Item 48. the broken and crushed stone (including screenings) will be paid for by the cubic yard of material actually used, measured in place after compaction. Second, the finishing, rolling and oiling will be paid for by the superficial area of the finished surface.