Proposed Agreement Clauses for Purchase of Crushed Gravel from a Land Owner/Contractor or “Commercial Source“
Purpose of Proposed Agreement Clauses. The proposed acceptance and payment provisions show below will protect both the Land
Owner/Contractor and Johnson County in the following manner:
1. Land Owner/Contractor gets the assurance that the gravel crushed will be paid for, even if some quantities produced do not meet
gradation and plasticity index specifications.
2. Johnson County is assured of obtaining good quality crushed gravel
3. Both parties to the contract are assured that an equitable process will be used to reduce price for out of spec materials, or include up to a
five percent bonus for materials that are consistently down the middle of the specifications.
4. Both parties to the contract are assured that the acceptance sampling and testing will accurately represent the quality of the crushed
gravel.
5. An industry standard method of measurement is used so no questions exist for the accurate determination of quantity for payment
Clause for Crushed Gravel Quality. Johnson County agrees to purchase _____ cubic yards of crushed gravel that meets gradation and
plasticity index specifications. Specification compliance will be determined by acceptance samples taken from the stockpile at three or more
locations using a front end loader. Each bucket load must be spread on the stockpile floor about one foot thick and at least one 5 gallon bucket
full must be taken from each load at random locations. Between 20 and 30 samples must be taken at regular intervals. These acceptance
samples will be taken by the Contractor at a set time of day that is convenient for Johnson County personnel to observe and assist with the
sampling process. Johnson County will pay a certified lab for acceptance sample testing. Although testing will be done as rapidly as possible,
the Contractor should not depend on test results from acceptance samples for adjusting the crusher (process control). The payment for each lot
that represents five samples will be determined by the 2003 Edition of WYDOT Standard Specification for Road and Bridge Construction
Section 113.1, Acceptance of Aggregate. The contract may be terminated if payment levels for any lot reach 0.75. Each acceptance sample
represents a sublot. The Contractor must use belt scales to determine the relative size of each lot that represents 5 samples. Final payment will
be determined by a weighted average of pay factors for each lot. See Section 113.1 for further details.
Clause for Crushed Gravel Quantity. Cubic Yard quantities for payment will be based on the calculated stockpile volume provided the
volume is within plus or minus 10 percent of that specified. Surveys will be done by either total station methods, or by methods using survey
grade dual frequency GPS instruments. Johnson County will employ a licensed surveyor to conduct the surveys. An initial survey will be
conducted after a ____ inch thick stockpile floor is built, and again after the contractor indicates the stockpile contains the quantities specified.
If quantities are less than 90 percent of that specified, the cost for additional surveys will be deducted from the final payment for crushed
aggregate. After surveys indicate quantities are accepted by Johnson County, the Contractor will build a two wire temporary fence around the
base of the stockpile.
Example of Weighted Pay Factor Calculation for Payment
Pay Factor Payment Based on Weighted Pay Factor
Total Cubic Yard
Quantity Specified:
Minimum CY
Quantity:
Maximum CY
Quantity:
Approximate
Contract Payment:
75,000
Monlux 11-22-09
Actual CY Quantity in Stockpile:
85,000
CY Quantity used for Payment:
82,500
Weighted Pay Factor:
1.012
Unit Price per Cubic Yard in Contract:
$10.00
-10%
67,500
Contractor crushed
beyond the 10%
maximum, so payment
will be based on 82,500
CY
82,500
$750,000
= $10 x Pay Factor
$10 x 750,000
+10%
Unit Price with Pay Factor:
Final Payment
Total Wet Tons Crushed
According to Belt Scales:
Acceptance Sample
Numbers
$10.12
$834,597
115,615
% of Total Quantity
Pay Factor for Each Lot
Weighted Pay
Factor each Lot
1 thru 5
6 thru 10
11 thru 15
16 thru 20
21 thru 25
26-28
Belt Scale
Quantity
17,525
22,575
21,835
24,450
19,650
9,580
15.2
19.5
18.9
21.1
17.0
8.3
0.92
0.99
1.04
1.03
1.05
1.04
0.139
0.193
0.196
0.218
0.178
0.086
Totals
115615
100
=15.2 x .92 / 100
1.012
= 100 x 17,525/115,615
Pay Factor is calculated from the quality of
acceptance sample test results from each lot