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Lake County, IL
File #: 08-0903    Version: 1 Name: 2008 Ice Control Salt: Confirming Emergency Contract
Type: resolution Status: Passed
File created: 11/5/2008 In control: Public Works and Transportation Committee
On agenda: Final action: 11/18/2008
Title: Joint Resolution confirming an emergency contract with Conserve FS, Woodstock, Illinois, for the supply of 15,500 tons of ice control salt at the unit price of $137.32 per ton; and designated as Section 08-00000-00-GM; and rescinds the emergency contracts for (1) the undelivered quantity of ice control salt estimated to be 17,115 tons at the unit price of $146.84 per ton and (2) the unconfirmed quantity of 5,000 tons at the unit price of $130 per ton.
Title
Joint Resolution confirming an emergency contract with Conserve FS, Woodstock, Illinois, for the supply of 15,500 tons of ice control salt at the unit price of $137.32 per ton; and designated as Section 08-00000-00-GM; and rescinds the emergency contracts for (1) the undelivered quantity of ice control salt estimated to be 17,115 tons at the unit price of $146.84 per ton and (2) the unconfirmed quantity of 5,000 tons at the unit price of $130 per ton.   
 
Staff Summary
·      2008 Ice Control Salt: Confirming Emergency Contract
·      The County Engineer certified an emergency procurement for salt for the 2008-2009 winter season was necessary and thereafter procured, by contract quotes, supplies from three salt suppliers to fill the 36,000 ton need (with approximately ½ going to townships).
·      The first vendor is: Peterson Salt and Water Treatment, Minnetonka, Minnesota for the supply of 8,000 tons at the unit price of $130.00 per ton.
·      The second vendor is Mid Atlantic Salt, LLC., Lydora, Pennsylvania for the supply of 19,000 tons at unit the price of $146.84 per ton and
·      The third vendor is Central Salt, Elgin, Illinois, for the supply of 4,000 tons at the unit price of $129.10 per ton.
·      The first vendor is unable to confirm supplying a portion of their order, 5,000 tons at the unit price of $130.00 per ton.
·      The second vendor is unable to supply salt that meets the specified quality requirements and both parties have mutually agreed that this emergency contract be rescinded.
·      Lake County has located an adequate alternate source for the supply of ice control salt of the unit price of $137.32 per ton.
·      This resolution, in accordance with Article 6-103 of the Lake County Purchasing Ordinance, confirms the emergency procurement of 15,500 tons of ice control salt at the unit price of $137.32 from Conserve FS, Woodstock, Illinois, and rescinds the emergency contract with Mid Atlantic Salt, LLC, Lydora, Pennsylvania, for the remaining balance of undelivered salt from said vendor and rescinds the unconfirmed portion of the order with Peterson Salt and Water Treatment for 5,000 tons of ice control salt at the unit price of $130.00 per ton.
 
Body
WHEREAS,  each fiscal year the county estimates its ice control salt quantity needs and participates in joint purchasing with Central Management Services (State of Illinois) in March for the following snow season; and
 
WHEREAS, on August 19, 2008, Lake County was in receipt of a memorandum from the Illinois Department of Central Management Services informing certain units of local government that CMS has made two (2) efforts to bid rock salt to local government units but had not received any bids for certain units of local governments including Lake County and townships in Lake County; and
 
WHEREAS,  the State of Illinois Department of Central Management Services has informed  local governmental units within the same memorandum, that they are encouraged to find alternant sources of road salt "on your own" and anticipate to be paying in the range of $145 - $165 per ton; and
WHEREAS, 605 ILCS 5/5-205.3 and 605 ILCS 5/9-101 of the Illinois Highway Code and other statutes enable the counties and township road districts (hereinafter townships) to jointly cooperated in matters of mutual interests; and,
 
WHEREAS, Lake County by and through its Division of Transportation has partnered with the Township Highway Commissioners of Lake County to determine the ice control salt requirements for Lake County and said Township Highway Departments for the forthcoming 2008 - 2009 winter season; and
 
WHEREAS, the need of ice control salt for the Lake County Division of Transportation and the Township Highway Departments of Lake County is estimated to be 36,000 tons for the 2008 - 2009 winter season (approximately ½ for the townships); and  
 
WHEREAS, in accordance with Article 6-103 of the Lake County Purchasing Ordinance, the County Engineer of Lake County declared that an emergency procurement of ice control salt existed; and
 
WHEREAS, by prior resolution, this County Board appropriated $5,250,000.00, under Section No. 08-00000-00-GM, to provide for the acquisition of ice control salt, with the Townships reimbursing Lake County for approximately 50% of this cost ($2,625,000.00); and
 
WHEREAS, in order to address said emergency, contracts were awarded as follows: to Peterson Salt and Water Treatment Company, Minnetonka, Minnesota, for the supply of up to 8,000 tons of ice control salt at the unit price of $130.00 per ton;  with Mid Atlantic Salt, LLC., Lydora, Pennsylvania, for the supply of 19,000 tons of ice control salt at the unit price of $146.84 per ton and with Central Salt, Elgin, Illinois, for 4,000 tons of ice control salt at the unit price of $129.10 per ton; and
 
WHEREAS, Mid Atlantic Salt, LLC., Lydora, Pennsylvania, has made partial delivery of said ice control salt; and
 
 
WHEREAS, quality control testing performed by the Division of Transportation indicates that the salt delivered by Mid Atlantic Salt, LLC., Lydora, Pennsylvania, has a moisture content of 7% which is in excess of specified maximum moisture content of 2%; and
 
WHEREAS, negotiations between Lake County and Mid Atlantic Salt, LLC., Lydora, Pennsylvania, has resulted in the determination that said Mid Atlantic Salt, LLC., Lydora, Pennsylvania, is unable to provide salt that meets the required specification of a maximum moisture content of 2%; and
 
WHEREAS, by mutual agreement between Lake County and Mid Atlantic Salt, LLC., Lydora, Pennsylvania, the above-said emergency contract with said Mid Atlantic Salt, LLC., Lydora, Pennsylvania, shall be rescinded; and
 
WHEREAS, Peterson Salt and Water Treatment has been unable to deliver salt in sufficient quantities to fulfill their 8,000 ton order; and
 
WHEREAS, Peterson Salt and Water Treatment has not confirmed that they are able to supply 5,000 tons of the 8,000 ton order at $130.00 per ton; and
 
WHEREAS, in order to address the continuing emergency for the supply of ice control salt an emergency contract was awarded to Conserve FS, Woodstock, Illinois, for the supply of 15,500 tons of ice control salt  at the unit price of $137.32 per ton.
 
NOW, THEREFORE BE IT RESOLVED, that said emergency contract with Conserve FS, Woodstock, Illinois, for the supply of 15,500 tons of ice control salt at the unit price of $137.32 is hereby confirmed.
 
BE IT FURTHER RESOLVED that the above-stated contract with Mid Atlantic Salt, LLC., Lydora, Pennsylvania, for the supply of the remaining quantity of 17,150 tons of ice control salt at the unit price of $146.84 per ton is hereby rescinded; and the portion of the unconfirmed contract with Peterson Salt and Water Treatment for the supply of 5,000 tons of ice control salt at the unit price of $130.00 per ton is also hereby rescinded.
 
Dated at Waukegan, Illinois, on this 18th day of November A.D., 2008