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4. COMMUNICATIONS (Cont'd <br />The Chair requested to consider the above two letters- -from <br />The Hickey Company, Inc. and Robert Foegley Landscape Design <br />and Contracting, Inc.- -along with the Mayor's letter, which <br />is under "Old Business, 5a -1" and asked Mr. Brownell if he <br />thinks that is proper? Mr. Brownell responded, "Well, either <br />way. I think we need... at some point...we need a motion to <br />extend the time, like we did the last time we had that exten- <br />sion. This doesn't extend it for as long. This only goes <br />to February 29 really." <br />The Chair directed his question to Legal Counsel, Mr. Kevin J. <br />Butler, and said, "Yes, but, of course, Kevin, now we have <br />this letter from the Mayor, which is the next item, requesting <br />that we delay construction of the Mall until June 1, 1976, for <br />the various reasons listed in the letter." Mr. Brownell further <br />added that this would only delay the awarding of the bids until <br />February 29, which would probably be continued on. Mr. Butler <br />said he believes, "If I understand it correctly, what they want <br />to do is evaluate - =the contractors want to evaluate their cost <br />factors periodically, rather than giving one." The Chair said <br />the request is reasonable - -to take it step by step. Mr. Brownell <br />advised that he had talked to the two contractors informally over <br />the phone, and, of course, they will have to have an increase <br />of some amount -- probably in price- -but they have no way of deter- <br />mining that amount at this time because.they don't know when the <br />dates are going to be. It might not be June lst. <br />Mr. Wiggins said we have, currently an extension to February 1, <br />and that he sees Mr. Brownell's point, We will not have another <br />meeting until after that time, so we have got to take action at <br />this meeting to carry it to further extension, and as long as <br />we have the letters of request from them, "I think we ought to <br />act upon those, and in that light I make a motion that we receive <br />the letters and approve their request for the extension in time <br />in which to award the bids to [directed to Mr. Brownell for date <br />with answer given, to February 29] February 29." The motion was <br />supported by Mr. Cira. <br />The Chair asked if there is any discussion. <br />Mr. John R. Kagel, Executive Director, Downtown South Bend <br />Council, asked if that date is for both contracts -- February 29 -- <br />as the Hickey letter is to March 15, and if they are just re- <br />ferring to Foegley's contract for the extension of February 29? <br />Mr. Wiggins replied as these are all parts -- parcels - -of the <br />same operation, "let's use the 29th date and we'll see what <br />develops meanwhile; if it is necessary to further extend them, <br />then we can do it then." Mr. Kagel further asked if the fact <br />that February 29th is a Sunday if that is irrevelant in this <br />stage of the game? Mr. Wiggins answered that any further action <br />that might be required will have to be taken by our second meeting <br />in February. <br />- 5 - <br />