Board of Regents' Meeting Minutes

MINUTES OF THE SPECIAL MEETING OF
THE BOARD OF REGENTS OF THE UNIVERSITY OF NEW MEXICO

July 27, 2004

The Board of Regents of the University of New Mexico met on Monday, July 27, 2004, 8:00 a.m., at Scholes Hall, the Roberts Room (Room 230) on the UNM campus. A copy of the public notice is on file in the Office of the President.

Regents present:

James H. Koch, President (connected via conference phone)
Jack L. Fortner, Vice President
María Griego-Raby, Secretary/Treasurer
Sandra K. Begay-Campbell
Douglas M. Brown
Andrea L. Cook
John M. “Mel” Eaves (connected via conference phone)

Also present:

President Louis Caldera (connected via conference phone)
Executive Vice President Brian L. Foster
Mr. Stephen W. McKernan (connected via conference phone)
Mr. Robbie Heyman, Sutin, Thayer and Browne
Members of the administration, staff, media, and others

The Regents met in open session. Regent Jack Fortner presided over the meeting.

Approval of the selection of a general contractor for construction of the children's hospital and critical care pavilion at unm Hospitals

Regent Eaves moved that the Regents approve the award of the contract as described in the Notice of Intent to Award consistent with the recommendation of Mr. Steve McKernan, CEO of UNM Hospitals. Regent Griego-Raby seconded the motion. Regent Brown was then recognized and he read into the minutes of the meeting the following resolution:

BOARD OF REGENTS OF THE UNIVERSITY OF NEW MEXICO
RESOLUTION
June 28, 2004

Whereas, the Board of Regents has determined that the University should proceed with financing and construction of the Children's Hospital and Critical Care Pavilion addition to the UNM Hospital; and

Whereas, UNM bid this construction as UNM Project 1630 on April 1, 2004 and received three bids from pre-qualified bidders on July 15, 2004; and

Whereas, as part of the bid specifications, 12 alternative deductibles were identified that could be subtracted from the bid prices, as well as one alternative addition; and

Whereas, because the three bids received were all over the estimated cost of the project, the University Administration has recommended that the Board of Regents authorize acceptance of all of the identified bid alternatives in order to reduce the overall cost; and

Whereas, when all alternatives are accepted, the lowest net cost bidder is Jaynes/J.E. Dunn, a Joint Venture, whose bid after acceptance of all alternatives is in the amount of $129,355,500; and

Whereas, the University Administration has determined that Jaynes/J.E. Dunn's bid is responsive to the Request for Bids, and therefore recommends award of the bid to Jaynes/J.E. Dunn as the lowest responsible bidder as required by the New Mexico Procurement Code.

Now therefore, the Board of Regents hereby accepts all the alternatives specified in the Request for Bids and therefore approves the award of UNM Project No. 1630 to Jaynes/J.E. Dunn, a Joint Venture, as the lowest responsible bidder when all bid alternatives are accepted.

In addition, the Board of Regents hereby authorizes the Executive Vice President for Administration to execute a contract with Jaynes/J.E. Dunn for construction of the Children's Hospital and Critical Care Pavilion consistent with the Request for Bids and all related documents, in the net amount of $129,355,500.

Adopted this 27th day of July, 2004 by a vote of 7 for and 0 against.

___________________________

Secretary to the Board of Regents

Regent Begay-Campbell suggested the addition of the word “net” to paragraph five and eight of the previous resolution. The addition was considered appropriate by Mr. Robbie Heyman, Legal Counsel, and is incorporated in the resolution as written in this document. With the permission of the second, Regent Eaves amended his motion to include adoption of the Resolution as amended.

Public Input

Mr. H. Vern Payne, an attorney representing Okland Construction pointed out that Okland was the low bidder if the first ten deductions were accepted and only became second lowest if deduction 11 was accepted. This related to changing from a stone finish to a form of stucco and he indicated that the building quality would suffer as a result. He also reported that there were suggestions in the media of improper negotiations between UNM officials and the Jaynes Corporation. In response to a question from President Caldera, Mr. McKernan and Mr. Bruce Cherrin, Director of Purchasing, stated that no improper negotiations were held with any of the bidders on the project.

Mr. Howard Mock, Chair of Jaynes Corporation, reported that his company had had only one communication with UNM after the bids were opened. He had been called to one meeting with University officials to verify that his company and its partner would accept the University's offer of the award for the net price indicated. He indicated they would accept and verified that no other discussion had occurred.

Regent Fortner called for a vote. The motion carried 7-0.

ADJOURNMENT

Regent Cook moved to adjourn the meeting. Regent Brown seconded the motion. Voice vote was taken and Board members unanimously approved.

ADJOURNMENT	APPROVED:

ATTEST:	_________________________________________ President
_____________________________________ Secretary/Treasurer