y^.'
MINUTES OF THE EXECUTIVE COMMITTEE
OF THE BOARD OF TRUSTEES
OF THE TRUSTEES OF PURDUE UNIVERSITY
September 13, 1997
The Executive Committee of the Board of Trustees of The Trustees of Purdue University (Messrs. Jesse, Townsend and McGinley) convened at 1:30 p.m. on Saturday, September 13, 1997 in the Director's Dining Room of the Purdue Memorial Union Building, pursuant to call of Committee Chairman 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.
Trustees Jesse, McGinley and Townsend participated in the meeting. Also present were President Beering, Treasurer Ford, Vice President Kjonaas, Superintendent of Construction Woody, and Legal Counsel Ryan.
APPROVAL OF CHANGE ORDER FOR REPLACEMENT RESIDENCE HALL-1991 (HILLENBRAND HALL).
Treasurer Ford opened the meeting with background comments of the proposed change order.
Vice President Kjonaas presented in summary form ERMCO and Burton's claims and the events which have led to the proposed settlement between ERMCO and the University.
On June 17, 1991, Purdue entered into separate contracts with ERMCO, Inc., Burton Mechanical Contractors, Inc., and Hagerman Construction Corporation, as prime contractors for the construction of the Replacement Residence Hall - 1991 project. All prime contractors agreed to an Alternate (No. 2) which provided that the General Contractor, Hagerman, was the contractor responsible for complete administration and coordination of all work by all contractors on the project. The original contract completion date was April 19, 1993. Substantial completion was achieved for Wings A, B and C on August 16, 1993 and Wing D on October 18, 1993.
During the course of the work a dispute arose between Purdue, ERMCO and Burton. ERMCO and Burton contend that Purdue and Hagerman interfered with their performance under their contracts; that they sustained damages as a result of Purdue's and Hagerman's failure to properly coordinate and schedule the work of the various contractors on the Project and that Purdue otherwise breached its contracts with ERMCO