THAT: Consistent with the provisions of HB603 enacted by the 54^th Legislature, the Board of Regents of Higher Education approves the Contract for Construction of a Tennis Support Facility at Montana State University--Bozeman (see attachment) and authorizes the Commissioner or his designee to sign the contract and any other documents necessary to satisfy the requirements of HB603. The contract for Construction will be no more than $250,000.

Consistent with the provisions of HB603, MSU-Bozeman warrants to the Board of Regents that no commitment of state-appropriated funds for design, construction, operations or maintenance is expressed or implied.

Consistent with the provisions of HB603, MSU-Bozeman also warrants that this contract has been negotiated in the best interests of the State. Martel Construction, the contractor, was selected based on the University�s positive previous experiences with the firm, their excellent performance on past projects, their reputation for quality and integrity, their willingness to meet MSU�s construction schedule requirements, and their previous support and in-kind contributions to MSU.

EXPLANATION: 1. The Board of Regents previously authorized the construction of a tennis bubble at MSU-Bozeman. There are currently no restrooms or locker rooms adjacent to the facility and this situation must be remedied.

2. This project will construct a small, 1524 square foot building, adjacent to the existing tennis bubble, which will contain locker/restroom facilities for both men and women.

3. This project will be financed wholly with private donations and will result in no new programs. All design, construction and future operations and maintenance costs will be paid from non-state funds.

ATTACHMENT Contract for Construction