June 7, 2007

1. Roll Call

Present — Mr. Michael Franks, President of the Board, Present (ex-officio)
Ms. Mary Sheid, Vice President of the Board (by conference call)
Mr. Michael Duggan, Governor (by conference call)
Mr. Brian Hammons, Governor (by conference call)
Also
Present — Michael Nietzel, President
John Black, General Counsel and Assistant Secretary, Board of Governors
Greg Burris, Vice President for Administrative and Information Services
Doug Sampson, University Architect

2. Agenda — Attached

3. Presiding — Mr. Michael Franks, President of the Board of Governors, called the Executive Committee meeting to order at 1:03 p.m. in Room 203 of Carrington Hall on the campus of Missouri State University in Springfield, Missouri.

4. Facilities and Equipment --- Mr. Greg Burris, Vice President for Administrative and Information Services, presented the following resolutions for the Committee’s consideration: Mr. Burris first stated he was not asking for action on items 2(a) concrete floor coatings; 2(o) arena seating; or 2(p) portable riser platforms, and that those packages would be submitted at a later date. Mr. Burris said that the items in the packages submitted for approval today totaled $24,201,254. Mr. Hammons commented that the total Arena construction costs after today would be approximately $48,000,000. Mr. Burris confirmed that the construction cost budget line item after today’s approvals would be approximately that amount. Dr. Nietzel indicated a summary would be presented at the June 29, 2007 Board meeting. Mr. Burris presented for consideration the following resolutions:

Resolution 2(b), Approval of bids and award of a contract for the Concrete Masonry Unit Walls for the JQH Arena to DeWitt & Associates, Inc. in the amount of $570,000 for the base bid plus alternates 7 and 28;

Resolution 2(c), Approval of Bids and Award of a Contract for the Miscellaneous Steel and Railings for the JQH Arena to The Bratton Corporation in the amount of $1,970,015 for the base bid plus alternate 9;

Resolution 2(d), Approval of Bids and Award of a Contract for the Carpentry for the JQH Arena to DeWitt & Associates in the amount of $1,980,880 for the base bid plus alternates 7, 8, 9 and 28;

Resolution 2(e), Approval of Bids and Award of a Contract for the Sheet Metal and Louvers for the JQH Arena to A2MG, Inc. in the amount of $535,719 for the base bid and combination bid deduct;

Resolution 2(f), Approval of Bids and Award of a Contract for the Membrane Roofing for the JQH Arena to Queen City Roofing & Contracting in the amount of $974,500 for the base bid for the membrane roofing plus alternate 12;

Resolution 2(g) Approval of Bids and Award of a Contract for the Fireproofing of JQH Arena to Apex Industries, dba Max True Fireproofing Co. in the amount of $200,741 for the base bid;

Resolution 2(h) Approval of Bids and Award of a Contract for the Joint Sealants and Sealing of JQH Arena to MTS Contracting, Inc. in the amount of $288,260 for the base bid and alternates 7, 9, and 28;

Resolution 2(i) Approval of Bids and Award of a Contract for the Glass and Glazing of JQH Arena to Builders Glass, Inc. in the amount of $366,200 for the base bid plus
alternate 7;

Resolution 2(j) Approval of Bids and Award of a Contract for the Polycarbonate Exterior Wall System for the JQH Arena to A2MG, Inc. in the amount of $672,815 for the base bid;

Resolution 2(k) Approval of Bids and Award of a Contract for the Metal Studs, Drywall and Ceilings for the JQH Arena to Artisan Construction Services, Inc. in the amount of $2,574,750 for the base bid and alternates 7, 8, 9 and 28;

Resolution 2(l) Approval of Bids and Award of a Contract for the Ceramic Tile, Resilient Tile, and Carpeting for the JQH Arena to Wilkerson’s Commercial Flooring, Inc. in the amount of $442,300 for the base bid and alternates 7, 8, 9, and 28;

Resolution 2(m) Approval of Bids and Award of a Contract for the Wood Flooring for JQH Arena to Acme Floor Co., Inc. in the amount of $136,179;

Resolution 2(n) Approval of Bids and Award of a Contract for the Painting and Wall Coverings for the JQH Arena to MVP Painting LLC in the amount of $579,100 for the base bid and alternates 7, 8, 9, and 28;

Resolution 2(q) Approval of Bids and Award of a Contract for the Fire Protection System for the JQH Arena to Jayhawk Fire Sprinkler Co., Inc. in the amount of $794,760 for the base bid and alternates 7, 8, 9, and 28;

Resolution 2(r) Approval of Bids and Award of a Contract for the Plumbing for the JQH Arena to Allen’s Mechanical in the amount of $2,432,660 for the base bid and alternates 7, 9, and 28;

Resolution 2(s) Approval of Bids and Award of a Contract for the Mechanical System for the JQH Arena to Allen’s Mechanical in the amount of $6,175,474 for the base bid and alternates 7, 8, 9, and 28 and the combination bid;

Resolution 2(t) Approval of Bids and Award of a Contract for the Electrical System for the JQH Arena to Sechler Electric, Inc. in the amount of $2,911,175 for the base bid and alternates 6, 7, 8, 9, and 28;

Resolution 2(u) Approval of Bids and Award of a Contract for the Audio Systems for the JQH Arena to MOR Sounds, Inc., dba Sounds Great, in the amount of $495,726 for the base bid and alternates 1, 2, 3, and 4; and

Resolution 2(v) Approval of modification of the project budget for the JQH Arena, to allow $100,000 to be redistributed from the project contingency line to the project administration line to provide funds needed to cover project administration costs.

Resolutions 2(b), 2(c), 2(d), 2(e), 2(f), 2(g), 2(h), 2(i), 2(j), 2(k), 2(l), 2(m), 2(n), 2(q), 2(r), 2(s), 2(t), 2(u) and 2(v) were moved by Mr. Duggan, seconded by Mr. Hammons, unanimously approved, confirmed by roll call vote; in favor, Governors Duggan, Hammons and Sheid. Opposed, none.

Mr. Sampson explained alternates applicable to certain bid packages, and that all alternates were not applicable to all packages. Mr. Burris mentioned that though there were fewer bidders for some packages than expected, the construction manager has assisted in obtaining bids. Dr. Nietzel stated the total project budget to date is favorable.

Resolution 2(w) Approval to increase the project budget for the elevator cylinder replacements for Cheek Hall, Craig Hall, and Ellis Hall by $15,000 above the previous project budget of $137,060. The resolution was moved by Ms. Sheid, seconded by Mr. Hammons, unanimously approved, confirmed by roll call vote; in favor, Governors Duggan, Hammons and Sheid. Opposed, none.

6. Closed Meeting — Thereupon, the following resolution was presented for consideration:

BE IT RESOLVED by the Executive Committee of the Board of Governors for Missouri State University that a closed meeting, with closed records and closed vote, be held immediately following this June 7, 2007 meeting of the Executive Committee of the Board of Governors to consider items of business pursuant to:

A. R.S.Mo. 610.021(1). “Legal actions, causes of action, or litigation involving a public governmental body . . . ”

B. R.S. Mo. 610.021(3). “Hiring, firing, discipline or promoting of particular
employees . . . ”

C. R.S.M0. 610.021(12). “Sealed bids and bid documents, sealed proposals and related documents related to a negotiated contract . . . ”

D. R.S.M0. 610.021(13). “Individually identifiable personnel records, performance ratings or records pertaining to employees . . . ”

Mr. Hammons moved the approval of the resolution and Mr. Duggan seconded the motion.

A roll call vote was taken in favor.– Governors Duggan, Hammons, and Sheid voted for the motion; no one voted against.

Motion passed 3-0.

7. Adjournment --- Upon unanimous vote of Ms. Sheid, Mr. Duggan, and Mr. Hammons, the open meeting adjourned at approximately 3:25 p.m., and the committee retired into Executive Session.

John F. Black
Assistant Secretary to the Board of Governors