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Linda Martin <br />From: M. Catherine Fanello <cfanello@kdlegal.com> <br />Sent: Wednesday, April 03, 2019 2:11 PM <br />To: Linda Martin <br />Subject: RE: Need Clarity - 2019 Street and Sewer Material Bid <br />Linda, <br />Indiana Code 5-22 does not preclude awarding by line item as long as the award goes to the lowest responsive <br />and responsible bidder and the bid specifications provide for awarding by line item. The board may award by <br />line item because the bid specifications/ instructions allow for such award (see bold language below). I am <br />assuming since they are awarding by line item, they are picking the lowest bidder in that line item among all <br />bids received. <br />Also, note that the bold language in the future should state "lowest responsible and responsive bidder" for each <br />line item. Nothing fatal here because the last sentence includes but best to include in all references. <br />Let me know if you have any questions. <br />Catherine <br />Specifications first page includes the following: <br />"This project includes the furnishing of materials to be used by the Street Department, Sewer <br />Department, and other City of South Bend agencies for the year 2019 and the first part of the <br />year 2020. All prices will remain in effect until April 30, 2020. This bid will be awarded to the <br />lowest responsible bidder for each line item or Division, dependent on the needs of the <br />City of South Bend. The Contractor does not need to supply unit prices for all items in <br />each Division to be eligible for award. All items will be awarded per unit prices and the <br />quantities shown for each item are approximate quantities only. Actual quantities purchased may <br />be greater or less than the quantities shown on the bid tab. <br />The contract(s) pursuant to these specifications shall be awarded to the lowest responsible and <br />responsive vendor." <br />M. Catherine Fanello <br />Senior Attorney <br />Krieg DeVault LLP <br />4101 Edison Lakes Parkway Suite 100 <br />Mishawaka, IN 46545 <br />Phone:317-238-6359 <br />Mobile: 574-229-2327 <br />One Indiana Square Suite 2800 <br />Indianapolis, IN 46204-2079 <br />Phone: 317-238-6359 <br />Mobile: 574-229-2327 <br />Fax: 574-277-1201 I Fax:317-636-1507 <br />�i��n�dlc����Cgt„�QC.4rn I u�w kr'��;a�auv'aw,slt.�t�rri <br />I<f?IEG I DEVAULT., <br />�Indk�nxli I I r;woir�a J I kill' <br />