MINUTES OF THE EXECUTIVE COMMITTEE
OF THE BOARD OF TRUSTEES
OF THE TRUSTEES OF PURDUE UNIVERSITY
October 1, 1991
The Executive Committee of the Board of Trustees of The Trustees of Purdue University (Messrs. Anderson, Jesse and Townsend) convened via telephone conference call at 11 a.m., EST, on October 1, 1991, pursuant to call of Board President Jesse and to prior notice by mail from Frederick R. Ford, Treasurer of the Corporation. Public notice of the date, time and place of the meeting as required by law was given by Mrs. Doris Pearson, Secretary of the Corporation. Treasurer Ford was present in his office in Hovde Hall with an open door and participated in the conference call. Also present were K. P. Burns, Vice President, Physical Facilities; and Anthony S. Benton, Attorney, Stuart and Branigin.
Treasurer Ford referred to copies of a Project Description, Tabulations of Bids, and a Project Budget for the Warehouse Building which he had mailed to members of the Committee on September 23, 1991 (copies filed with Minute Material). He explained that the low bidder. Design and Build Corporation, had requested to withdraw the general construction bid. Discussion revealed that on September 13, 1991, the day following the public bid opening, representatives of Design and Build personally contacted Purdue's Physical Plant staff and subsequently sent the Construction Department staff a facsimile transmission letter requesting to withdraw the general construction bid due to a serious clerical error.
After a thorough discussion of the facts and Indiana case-law with Messrs. Burns and Benton, the Executive Committee determined that sufficient evidence and documentation existed to demonstrate that Design and Build had made a clerical error in tabulating the bid totals for the general construction bid for the Warehouse Building 1991.
It was recommended by University staff and legal counsel (legal opinion filed with minutes of this meeting) that the Executive Committee accept the request of Design and Build to withdraw the general construction bid.
Treasurer Ford next reported the recommendation of University officers and staff to accept the Base Bid of Hamstra Builders, Inc., as the second lowest and best of fourteen bids received for General Construction; the Base