Commissioners approve 2025 gravel and bituminous awards and reject Flint Hills' terms amid rising material scarcity

Blue Earth County commissioners on March 11 approved contracts and awards for 2025 road materials, heard staff warnings about a tight regional aggregate market and resolved a contractual dispute that removed a low bidder from consideration.

Public Works staff told the board the county received only one bid for the 2025 maintenance gravel/crushing contract and that the low bid price was about $3.55 per ton — higher than last year. Staff reported regional factors driving the shortage, including large local projects (notably a Highway 22 project), constrained quarry access because of rail crossing delays, and generally limited aggregate capacity in the southern portion of the state. Staff said the county’s hauling contract obligates the county to buy at least 80 percent of the contracted quantity if it accepts the bid (staff cited 32,000 tons at 80 percent, roughly $336,000). After discussion about supply risks and road-mile priorities, the board approved the gravel award at the full bid quantity.

Separately, staff presented an alternative bid for crushed and stockpiled bituminous recycled asphalt product (RAP). Tim’s Trucking was the low bidder for that item; staff recommended and the board approved awarding the crushed RAP contract to Tim’s Trucking. Staff said using RAP for shoulder material is a cost-effective option and that the county supplies its own milling material for this purpose.

Staff also reported a significant procurement issue on the county’s CRS (chip-seal) bituminous material contract. Flint Hills Resources submitted the lowest dollar bid but appended or submitted modified sales terms that would have bound the county to Flint Hills’ online “terms of sale,” created venue and legal conditions in Kansas, and removed or altered contract protections (sampling, testing, insurance language). After review with the county attorney, staff recommended against awarding to Flint Hills Resources for legal reasons. The county then recommended awarding the bid to the next lowest responsive bidder, identified in the bid tabulation as H. G. MIGS (second bidder). The board approved the award to the second bidder and directed staff to continue efforts to resolve the issue with Flint Hills if possible.

Board members and staff discussed the potential need to reduce gravel quantity and temporarily cut back maintenance miles (staff estimated they might service ~80 miles if quantities are reduced) but ultimately authorized the full awarded quantities to avoid future shortfalls. Staff said they will attempt to coordinate regionally on aggregate needs and continue outreach to suppliers.