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REGULAR MEETING AUGUST 27, 2001
<br />Despite the difference between the two numbers, either would be the lowest bid on the project.
<br />Unlike the other bid, all portions were filled out, so the bid is responsive. While it is an obvious
<br />mathematical error, it is not the kind of error which would render the bidder as not responsible,
<br />within the meaning suggested by IC 36-1-12-4(b)(11). The purpose of competitive bidding statutes
<br />is to prevent fraud, extravagance, corruption, and to ensure honest competition. Schindler Elevator
<br />Corporation v. Metropolitan Development Commission, 641 NE2d 653 (1994). All possible bidders
<br />were given the opportunity to bid as the requirements of the statutes are met. The competitive
<br />bidding process has been safeguarded.
<br />A case involving an award of a bid in which a mathematical error occurred is Board of School
<br />Commissioners of the City of Indianapolis v. Bender, 72 NE2d 154, 36 Ind. App 164(1904). In
<br />compiling the bid, the bidder mis-turned a page and did not include a substantial amount of costs
<br />when the bid was submitted. This was discovered only after the contract had been let, and the bidder
<br />was able to have the contract declared a nullity as there was no meeting of the minds. More
<br />importantly, the mistake was deemed an excusable one. In this case we have an excusable mistake
<br />made known prior to the awarding of the bids, and that mistake is contained in the documents which
<br />were opened in public and submitted at the proper time. Scriveners' errors are usually deemed
<br />correctable, and the correct figure is inserted into contracts. The Board can and should accept the
<br />corrected figure as it has knowledge prior to awarding the bid, and it can only award it for the
<br />amount that is the correct addition for the base bid breakdown. There was never any meeting of the
<br />minds on the lower figure which is the result of the error.
<br />Therefore, Mr. Gilot made a motion that the recommendation be accepted and the bid be awarded
<br />as outlined above. Mr. Inks seconded the motion which carried.
<br />AWARD BID - SOUTH MICHIGAN STREET IMPROVEMENTS - DONMOYER TO EWING
<br />STREET - PROJECT NO. 101-029
<br />Mr. Carl P. Littrell, City Engineer, advised the Board that on August 13, 2001, bids were received
<br />and opened for the above referred to project. After reviewing those bids, Mr. Littrell recommends
<br />that the Board award the contract to Rieth Riley Construction Company, Inc., Post Office Box 1775,
<br />South Bend, Indiana, in the amount of $247,000.00, which is the base bid and alternate. Therefore,
<br />Mr. Littrell made a motion that the recommendation be accepted and the bid be awarded as outlined
<br />above. Mr. Inks seconded the motion which carried.
<br />AWARD BID - DUBAIL STREET AND DOUGLAS STREET IMPROVEMENTS - PROJECT
<br />NO. 101-026
<br />Mr. Carl P. Littrell, City Engineer, advised the Board that on August 13, 2001, bids were received
<br />and opened for the above referred to project. After reviewing those bids, Mr. Littrell recommends
<br />that the Board award the contract to Rieth Riley Construction, Post Office Box 1775, South Bend,
<br />Indiana, in the amount of $153,625.15. Therefore, Mr. Inks made a motion that the recommendation
<br />be accepted and the bid be awarded as outlined above. Mr. Littrell seconded the motion which
<br />carried.
<br />APPROVAL OF ADDENDUM TO AGREEMENT - POPPY ROAD TRUNK SEWER
<br />EXTENSION - ABONMARCHE GROUP
<br />Mr. Gilot stated that the Board is in receipt of an Addendum to an Agreement between the City of
<br />South Bend and The Abonmarche Group, 750 Lincolnway East, South Bend, Indiana, for
<br />professional services for the above referred to project. Mr. Gilot noted that the Addendum is in the
<br />amount of $18,900.00, bringing the total contract sum to $93,400.00. Therefore, upon a motion
<br />made by Mr. Littrell, seconded by Mr. Inks and carried, the Addendum to the Agreement was
<br />approved and executed.
<br />APPROVAL OF CONTRACT - SALE OF PERSONAL PROPERTY AT PUBLIC AUCTION -
<br />KASER'S AUCTION
<br />Mr. Gilot stated that the Board is in receipt of a Contract between the City of South Bend and
<br />Kaser's Auction, 67601 Pine Road, North Liberty, Indiana, for the services of a public auction to be
<br />held on October 13, 2001, for the sale of personal property. Mr. Gilot noted that the Contract is in
<br />the amount of 5% commission. Therefore, upon a motion made by Mr. Gilot, seconded by Mr.
<br />Littrell and carried, the Contract was approved and executed.
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