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6. NEW BU51NESS (Cont'd) <br />Mr. Robinson; four Commissioners cast "Aye" votes for the approval <br />of the motion. Motion carried by majority vote, for the extension <br />of time of thirty (30) days, or a contract completion date of June 15, <br />19 6, for Change Order No. 4 to Plaza Park- Contract No. 1, R -66. <br />Mr. Kevin J. Butler, Commission Legal Counsel, stated this is just <br />a technicality, but he didn't see a copy of the change order in his <br />packet for the extension of time. The motion has been made to ex- <br />te d it, but there is no change order which affects it As it is <br />evident it has to be prepared, he questioned Mr, ': Slabaugh, who advised <br />thE contractor requested this two days ago and his time for contract' <br />completion would run out before the next Commission meeting and the <br />ap roval is being requested here without a formal change order being <br />mace out. Commissioner Wiggins requested if we couldn't give approval <br />in substance; to approve it without the change order and substitute <br />for the subsequent change order to be enacted later. Mr. Butler ad- <br />vised once the change order is executed extending the time thirty (30) <br />da s, then it is effective; it would be difficult for the Department <br />to make a claim aginst Nautilus for failure to complete the contract, <br />based on the approval of the time extension in the Minutes. <br />With the above discussions, Mr. Slabaugh added that he discussed this <br />item with Pat McMahon, Manager of Bureau of Construction and he stated <br />if this does not tie up Colips Electric, Foegley Landscape Design and <br />Contracting, Inc., who is doing the landscaping, he would have no ob- <br />je tions. It rained yesterday to check the landscaping part out. <br />Mr. Butler said that, based on what Mr. Slabaugh is saying, the Com- <br />mission may want to amend that motion, to make it subject to a clear- <br />ance by the staff; in other words to make sure that it is not going <br />to hold up the rest of the work, and then along with Commissioner <br />Wiggins' comments, direct the staff to let the contractor know that <br />this is it. <br />Tho Chair requested the motion be reconsidered: Mr. Wiggins made the <br />motion to reconsider the motion, seconded by Mr. Robinson, and the <br />votes taken were unanimous. Motion carried. <br />The Chair said that the motion is now being reconsidered, and requested <br />a motion to that effect: Mr. Wiggins moved that we agree to the <br />thirty (30) day extension of time, subject to the approval by the <br />Bureau of Public Construction, as per their request that there be no <br />inconvenience to the other contractors, and subject to the approval of <br />our Legal Counsel, with the further stipulation that this be considered <br />the end of the time extension. Mr. Robinson seconded the motion, <br />and the vote was unanimously carried by all Commissioners, for the <br />motion as noted. Also subject to HUD approval. <br />e. Change Order No. 2 to Colfax /Pier Park'Dredging'Contract No. 1, <br />Project Indiana R -66: Commission approval was requested for Change <br />Order No. 2 to_To_rfa_x/Pier Park Dredging Contract No. 1, with Nauti- <br />lus Construction Corporation, for an increase in contract amount of <br />$500.60, or a total adjusted contract price of $49,786.60, per memo- <br />randum dated May 7, 1976, from Bureau of Public Construction, Project <br />In cl iana R -66. <br />- 12 - <br />CHANGE <br />ORDER <br />NO. 2 TO <br />COLFAX /PIER <br />PARK DREDG- <br />ING CONTRAC <br />1 APPROVED, <br />R -66 <br />