Minutes of Board of Regents of Stephen F. Austin State University. 1979, Volume No. 46

              MINUTES OF
Board of Regent;
of
Stephen f. Austin State University
VOLUME NO. 46
July 21, 1979
Huxley Bay, Texas
INDEX
79- 88
79- 89
79- 90
79- 91
79- 92
79- 93
79- 94
79- 95
79- 96
79- 97
79- 98
79- 99
79-100
79-101
79-102
79-103
79-104
79-105
79-106
79-107
79-108
79-109
79-110
79-111
79-112
79-113
79-114
79-115
79-116
Minutes of the Meeting
Stephen F. Austin State University-
Board of Regents
held in Huxley Bay, Texas
July 21, 1979
VOLUME NO. 46
Approval of Minutes of April 19, 1979 and
June 2, 1979
Faculty and Staff Appointments (Summer)
Resignations
Changes in Status
Faculty and Staff Appointments, 1979-80
Resignations
Requests for Leave
Promotions
Changes in Status
Approval of Twelfth Class Day and Last Class Day
Enrollment Reports
Approval of Underenrolled Class Report
Approval of Parking and Traffic Regulations, 1979-80
Approval of Guidelines on Tuition and Scholarships
Authority to Make Application to Coordinating Board
for Approval of Bachelor of Science in Nursing
(Generic Program)
Approval of Budget for FY80
Authority to Consolidate Student Fees
Approval of Revised Personnel Pay Plan
Renewal of Bank Depository Contracts
Approval of FY79 Budget Adjustments
Authorization to Sign Vouchers and Checks
Authorization to Approve Travel
Authorization to Approve Travel for Board of Regents
Approval of Change Order No. 2 - Student Health Clinic
Approval of Change Order No. 2 - Fine Arts Building
Renovation Contract
Approval of Contract - Love, Friberg § Associates
(Engineering Consultant)
Approval of Contract - Love, Friberg fT Associates
(Storm Sewer Project)
Approval of Contract - Kent-Marsellos-Scott (Archi
tectural Services for Miscellaneous Projects)
Appointment of Committee of Regents to Counsel
President on Purchase of Ollie Bailey Farm
Instructions on Somberg v. Walker, et al Lawsuit
Page
46-2
46-2
46-3
46-4
46-7
46-9
46-9
46-9
46-10
46-10
46-10
46-10
46-11
46-11
46-12
46-12
46-17
46-17
46-17
46-18
46-18
46-18
46-18
46-18
46-30
46-41
46-69
46-69
MINUTES OF THE MEETING
BOARD OF REGENTS
STEPHEN F. AUSTIN STATE UNIVERSITY
HELD IN HUXLEY BAY, TEXAS
July 21, 1979
The meeting was called to order by Homer Bryce, Chairman of the Board of
Regents, at 9:00 a.m. July 21, 1979.
PRESENT:
PRESENT:
Members: Homer Bryce of.Henderson
Ernest Powers of Carthage
James I. Perkins of Rusk
Walter C. Todd of Dallas
Mrs. Peggy Wright of Nacogdoches
Joe Bob Golden of Jasper
Mrs. George Cullurn, Jr. of Dallas
Absent: Robert E. Samuel, Jr. of Madisonville
Glenn Justice of Dallas
C. G. Haas, Secretary to the Board
Dr. William R. Johnson, President of the University
Dr. Janelie Ashley, Associate Vice President for
Academic Affairs
Dr. Baker Pattillo, Vice President for Student
Affairs
Robert Provan, Legal Counsel
79-88
Upon motion of Regent Todd, seconded by Regent Powers, with all members
voting aye, it was ordered that the minutes of the meeting of April 19
1979 and the meeting of June 2, 1979 be approved.
79-89
Upon motion of Regent Powers, seconded by Regent Wright, will all
members voting aye, it was ordered that the following individuals be
employed for the positions, dates, and salaries indicated:
1. Division of Applied Arts and Sciences
Dr. Danny Arnold Summer I
Dr. John Austin Summer I
Dr. Arthur Benoy Summer I
Dr. Robert Brooks Summer I
Dr. Bennett Cooksey Summer I
Dr. Jim Dennis Summer I
Dr. Harry Downing Summer I
Dr. Ralph Eddins Summer I
Dr. Charles Gardner Summer I
Dr. William Heeney Summer I
Dr. Jerry Irons Summer I
Dr. Mary Ella Lowe Summer I
Dr. Archie McDonald Summer I
Dr. Norman Markworth Summer I
Dr. Kay Rayborn Summer I
Dr. Odis Rhodes Summer I
Dr. Jesse Richardson Summer I
Dr. Jose Rodriguez Summer I
Dr. Margaret Rucker Summer I
Dr. Patsy Spurrier Summer I
Dr. Ralph White Summer I
Dr. William Wright Summer I
Humble
Coffield
Humble
Jasper
Longview
Longview
Longview
Longview
Longview
Coffield
Longview
Jasper
Longview
Longview
Humble
Humble
Humble P7 Jasper
Coffield
Humble
Longview
Longview
Humble
Longview
466.00
840.00
746.00
732.00
736.00
840.00
432.00
732.00
1,351.83
732.00
446.00
732.00
432.00
840.00
540.00
840.00
466.00
840.00
, 432.00
432.00
540.00
432.00
2. Department of Mathematics and Statistics
Mr. Harold Bunch, Assistant Professor of Mathematics, at a salary
rate of $1,459.17 for 50% time for Summer I. This assignment is
partial replacement for Dr. Kenneth Price.
Dr. Julius Burkett, Assistant Professor of Mathematics, at a salary
rate of $1,416.25 for 50% time for Summer I. This assignment is
partial replacement for Dr. Kenneth Price.
46-2
79-90
Upon motion of Regent Wright, seconded by Regent Cullum, with all members
voting aye, it was ordered that the following resignations be accepted:
1. Department of English and Philosophy
Dr. James E. Magruder, Assistant Proesssor, for 50% time at a
salary rate of $1,416.25 for Summer I. Course did not make.
2. Department of Geology
Dr. Volker W. Gobel, Assistant Professor, for 100% time at a
salary rate of $2,850.00 for Summer I. Dr. Gobel will do consulting
work during the summer.
Dr. Hershel Jones, Associate Professor, for 100% time at a salary
rate of $3,176.00 for Summer I. Dr. Jones will do consulting work
during the summer.
3. Department of History
Dr. Jere L. Jackson, Associate Professor, for 100% time at a
salary rate of $2,870.33 for Summer I. Dr. Jackson has been awarded
an NEH grant for the summer.
4. Department of Mathematics and Statistics
Dr. Kenneth H. Price, Associate Professor, for 100% time at a
salary rate of $3,133.00 for Summer I only. Dr. Price has accepted
employment elsewhere.
5. Department of Modern Languages
Dr. William M. Davis, Assistant Professor, for 50% time at a salary
rate of $1,333.33 for Summer I. Class did not make.
Dr. Bonnie Todd, Assistant Professor, for 50% time at a salary
rate of $1,351*83 for Summer I. Dr. Todd will participate in an NEH
Seminar at Harvard this summer.
6. Department of Music
Dr. Richard Coolidge, Professor, for 50% time at a salary rate of
$1,888.34 for Summer I. Dr. Coolidge resigned his summer appointment
for health reasons.
46-3
79-91
Upon motion of Regent Todd, seconded by Regent Wright, will all members
voting aye, it was ordered that the following changes in status be
approved:
1. Department of Communication
Dr. Paul Potter, Assistant Professor, from a salary rate of
$2,786.00 to a salary rate of $.3,086.00 for Summer I, to compensate
for supervising students on film project.
2. Department of English
Dr. Leon J. Schultz, Assistant Professor, from a salary rate of
$1,250.00 for 50% time to $2,500.00 for 100% time for Summer I.
Dr. Schultz was needed to teach an additional section of English 132.
3. Department of Geology
Mr. Martin Deuth, Instructor, from Summer II to Summer I to replace
Dr. Hershel Jones, who has resigned from the Summer Session.
Dr. Jerry W. Vincent, Associate Professor, from a salary rate of
$3,220.00 for 100% time for Summer I to a salary rate of $4,830.00
for 100% time for Summer I and 50% for Summer II. This change is
needed because of the resignation of Dr. Gobel from the Summer
Session.
4. Department of Management and Marketing
Dr. Dillard Tins ley, Associate Professor, from 50% time at a
salary rate of $1,682.25 to 100% time at a salary rate of $3,364.50
for Summer I. The additional assignment is to accommodate the
addition of a section of Management 463.
5. Department of Modern Languages.
Mr. Manuel Mendoza, Assistant Professor, from 100% time at a
salary rate of $2,789.50 to 50% time at a salary rate of $1,394.75
for Summer I. One of Mr. Mendoza1s scheduled courses failed to
make.
Mr. Edwin Shake, Assistant Professor, from 50% time at a salary
rate of $1,566.41 to 100% time at a salary rate of $3,132.82 for
Summer I. Mr. Shake will teach for Dr. Todd who is on leave for
the Summer Session.
46-4
6. Division of Nursing
Ms. Chandice Harris, Instructor, from 40% time at a salary rate
of $1,083.00 to 90% time at a salary rate of $2,333.00 for Summer
I. This change will facilitate faculty interests in summer develop
ment.
Ms. Valdyne Henderson, Instructor, from 100% time at a salary
rate of $2,500 to 50% time at a salary rate of $1,250.00 for Summer
I. This change will facilitate faculty interests in summer develop
ment.
79-92
Upon motion of Regent Cullum, seconded by Regent Todd, with all members
voting aye, it was ordered that the following individuals be employed
for the positions, dates, and salaries indicated:
1. School of Applied Arts and Sciences
Dr. James 0. Standley, 36, Ph.D. (Texas ASM University), Dean of
the School of Applied Arts and Sciences and Associate Professor of
Criminal Justice, at a salary rate of $36,000 for twelve months,
effective September 1, 1979.
2. Department of Art
Mr. Marcus B. Burke, 32, M.A. (New York Institute of Fine Arts),
Instructor of Art at a salary rate of $13,000 for nine months, ef
fective September 1, 1979.
3. Department of Computer Science
Dr. Craig A. Wood, 38, Ph.D. (Florida State University), Professor
of Computer Science and Chairman of the Department of Computer
Science at a salary rate of $31,750 for eleven months, effective
September 1, 1979.
4. Department of English and Philosophy
Dr. Diane Corbin, 37, Ph.D. (University of Texas-Austin), Lecturer
(75% time) in English, at a salary rate of $4,125, effective Fall
Semester, 1979, only.
Ms. Annette Dawson, 40, M.S. (Stephen F. Austin State University),
Lecturer (75% time) in English at a salary rate of $4,827.00, ef
fective Fall Semester, 1979, only.
Mr. William D. Hearell, 27, M.A. (Stephen F. Austin State University),
Assistant Instructor of English at a salary rate of $9,000 for nine
months, effective September 1, 1979.
46-5
Ms. JoAnne C. Howard, 40, M.A. (St. Louis University), Lecturer
(50-o time) in English, at a salary rate of $2,750.00, effective Fall
Semester, 1979, only.
Ms. Beth E. H. Medrano, 30, M.A. (University of Texas-Austin)
Lecturer (50% time) in English at a salary rate of $2,750 00 ef
fective Fall Semester, 1979, only. '
Mr. Wilbert Love, Jr., 34, M.A. (Stephen F. Austin State University)
Instructor in English at a salary rate of $12,875.00 for nine months,
effective September 1, 1979.
5. Department of Geology
Dr. Harry P. Hoge, 43,'Pn.D. (University of tiew Mexico), Professor
of Geology and Chairman of the Department of Geology at a salary rate
of $30,750 for eleven months, effective September 1, 1979.
6. Department of Management and Marketing
Dr. Mildred G. Pryor, 39, Ph.D. (University of Mississippi),
Professor of Management and Chairman of the Department of Manage
ment and Marketing at a salary rate of $32,000 for eleven months
effective September 1, 1979.
7. Department of Mathematics and Statistics
Dr. Thomas A. Atchison, 42, Ph.D. (University of Texas), Professor
of Mathematics and Chairman of the Department of Mathematics and
Statistics at a salary rate of $32,750 for eleven months, effective
September 1, 1979.
Ms. Kay Fromme, 29, M.S. (Stephen F. Austin State University),
Instructor of Mathematics at a salary rate of $10,500 for nine months
effective September 1, 1979. '
Ms. Jane Shepard, 43, M.S. (Stephen P. Austin State University),
Instructor of Mathematics at a salary rate of $10,500.00 for nine
months, effective September 1, 1979.
Mr. Donald L. Clark, 31, M.S. (Stephen F. Austin State University),
Instructor of Mathematics at a salary rate of $10,500 for nine
months, effective September 1, 1979.
Mr. David B. Holiday, 24, M.S. (Stephen F. Austin State University),
Instructor of Mathematics at a salary rate of $10,500.00 for nine
months, effective September 1, 1979.
46-6
8. Department of Secondary Education
Ms. Betty J. Harrison, 28, M.Ed. (Stephen F. Austin State Uni
versity), Instructor in Secondary Education at a salary rate of
$10,500 for nine months, effective September 1, 1979.
9. University Computer Center
Ms. Carol A. Chrisman, 23, B.S. (Stephen F. Austin State University)
Programmer at a salary rate of $10,896.00 for twelve months ef
fective July 9, 1979.
10. Physical Plant
Ms. Jinnie Fleming, 45, Accounting Clerk III at a salary rate of
$7,500 for twelve months, effective May 21, 1979.
11. Division of Student Affairs
Mr. Norman Stewart, 25, Assistant Food Supervisor II for University
Center Cafeteria, at a salary rate of $9,528.00 for twelve months
effective July 1, 1979.
79-93
Upon motion of Regent Wright, seconded by Regent Powers, with all members
voting aye, it was ordered that the following resignations be accepted:
1. Department of Agriculture
Mr. Charles Duckworth, Dairy Farm Manager-Operator, effective
May 31, 1979.
2. Department of Art
Mr. Joe V. Brown, Graduate Intern in Art, effective May 31, 1979.
Mr. Brown completed his temporary appointment.
Mr. Harold J. Elias, Instructor of Art, effective May 31, 1979.
Mr. Elias completed his temporary appointment.
3. Department of Chemistry
Dr. Ronald H. Fleming, Assistant Professor of Chemistry, effective
May 17, 1979. Dr. Fleming declined the terminal appointment which
was offered him for the 1979-80 academic year.
46-7
4. Department of Communication
Dr. Paul E. Potter, Assistant Professor of Communication, ef
fective July 14, 1979. Dr. Potter has accepted employment else
where.
5. Department of Computer Science
Dr. Camille Price, Assistant Professor of Computer Science, ef
fective September 1, 1979. Dr. Price has accepted a Visiting Assist
ant Professorship at the University of Texas-Dallas.
6. Department of Elementary Education
Ms. Elizabeth Vaughan, Multi-Age Lead Teacher, Early Childhood
Laboratory, effective August 24, 1979. Ms. Vaughan is resigning to
seek employment elsewhere.
7. School of Forestry
Mr. Robert Zaiglin, Research Associate in Forestry, effective
May 11, 1979. Mr. Zaiglin has accepted employment elsewhere.
8. Department of Geology
Dr. Nancy Alexander, Associate Professor of Geology, effective
May 31, 1979. Dr. Alexander has accepted employment elsewhere.
9. Department of Management and Marketing
Dr. Danny R. Arnold, Assistant Professor of Management, ef
fective August 31, 1979. Dr. Arnold has accepted employment else
where.
10. University Computer Center
Ms. Sarah Thomas, Programmer, effective June 15, 1979. Ms. Thomas
has accepted employment elsewhere.
11. Physical Plant
Mr. Charles E. Burkhead, Administrative Services Supervisor,
effective May 20, 1979. Mr. Burkhead accepted employment elsewhere.
Mr. Anibal Martinez, Custodial Supervisor, effective June 1,
1979. Mr. Martinez resigned to accept other employment.
12. Division of Student Affairs
Dr. Gordon Beasley, Vice President for Student Affairs, effective
June 21, 1979. Dr. Beasley accepted a position at the University of
Arkansas.
46-8 ^
Ms. Evelyn M. Burkhead, Scheduling and Service Coordinator for
University Center Administration, effective June 29, 1979. Ms.
Burkhead is moving out of town.
Mr. J. w. Clifton, Manager for University Center Cafeteria
effective June 30, 1979. Mr. Clifton resigned for personal reasons.
Mr. Gary Rushing, Assistant Food Production Supervisor for Uni
versity Center Cafeteria, effective June 1, 1979. Mr. Rushing has
accepted employment elsewhere.
79-94
Upon motion of Regent Perkins, seconded by Regent Todd, with all members
voting aye, it was ordered that the following requests for leave be
granted:
1. Department of Health and Physical Education
Mr. Andrew Huffty, Assistant Professor Men's Health and Physical
Education, effective for the 1979-80 academic year. Mr. Huffty
will enroll in an advanced graduate program.
2. Department of Mathematics and Statistics
Dr. Kenneth H. Price, Associate Professor of Mathematics, ef
fective for the 1979-80 academic year. Dr. Price will study at the
University of Texas-Dallas.
79-95
Upon motion of Regent Todd, seconded by Regent Powers, with all.members
voting aye, it was ordered that the following promotions be approved:
1. Department of Modern Languages
Dr. Vivian Gruber, Professor of Spanish, to Professor of Spanish
and Chairman of the Department of Modern Languages at a salary rate
of $31,750 for eleven months, effective September 1, 1979.
2. Division of Student Affairs
Dr. Baker Pattillo, Dean of Student Services, to Vice President
for Student Affairs at a salary rate of $36,000 for twelve months,
effective July 10, 1979.
79-96
Upon motion of Regent Todd, seconded by Regent Cullum, with all members
voting aye, it was ordered that the following changes in status be
approved.
46-9 ">
10
1. Physical Plant
Mr. J. C. Patton, from Foreman in the Custodial Department at a
salary rate of $4.05 per hour to Custodial Supervisor at a salary
rate of $10,000 for twelve months, effective June 21, 1979.
Mr. Jerry Leon Batson, from HVAC Foreman at a salary rate of
$15,816.00 for twelve months to HVAC Foreman at a salary rate of
$17,496.00 for twelve months.
2. Division of Student Affairs
Dr. Richard English, Physician, from a salary rate of $31,000
for 10-1/2 months to $35,428.00 for twelve months, effective June 4
1979.
79-97
Upon motion of Regent Wright, seconded by Regent Cullum, with all members
voting aye, it was ordered that the twelfth class day enrollment report
and the last class day report be accepted as submitted under separate
cover.
79-98
Upon motion of Regent Cullum, seconded by Regent Wright, with all members
voting aye, it was ordered that the following Summer Session I (1979)
underenrolled class be offered by reason of the justification given be
low:
Nursing 301 8 students This is a prerequisite course which,
if not taught at this time, will
interfere with the students1
planned graduation.
79-99
Upon motion of Regent Perkins, seconded by Regent Powers, with all mem
bers voting aye, it was ordered that the handbook entitled "Parking and
Traffic Regulations, 1979-80" be approved as submitted under separate
cover.
79-100
Upon motion of Regent Perkins, seconded by Regent Todd, with all members
voting aye, it was ordered that the guidelines for the administration of
tuition and scholarships provided from appropriated funds of the 66th
Legislature be approved as follows:
46-10 ^
(a) Scholarships are to be awarded annually to students
who have been accepted for enrollment and who actually
enroll in the term or terms for which the scholarship
is awarded.
(b) The student must not be on probation or suspension
during the term in which the scholarship is awarded.
The student's scholastic performance will be reviewed
each semester.
(c) The amount granted to each student will not exceed the
full tuition fee as provided by law as tuition for that
particular type of student.
(d) Students who receive this scholarship will have already
been awarded any federal grant funds for which they
are eligible. The combined amount of the scholarship
and other funds awarded will not exceed seventy per
cent (70%) of the total cost of tuition, textbooks,
course supplies, and student fees.
79-101
Upon motion of Regent Todd, seconded by Regent Cullum, with all members
voting aye, it was ordered that the University be authorized to make
application to the Coordinating Board for approval of a Bachelor of
Science m Nursing (Generic Program) degree as submitted under separate
cover.
79-102
Upon motion of Regent Todd, seconded by Regent Powers, with all members
voting aye, it was ordered that the University's current funds FY80 budget
of requirements totaling $31,370,669, as submitted under separate cover
be approved; that the following transfers between fund groups (included
m detail within that, budget) be approved; and that the University be
authorized to comply with the statutes for granting longevity pay to non-academic
employees within the funds available.
"TRANSFERS" included in FY80 budget:
1. Between Elements of Cost of the Appropriation Bill:
(a) $100,733 into Organized Activities Relating to Instructional
Departments
(b) $ 68,819 out of General Institutional Expense
(c) $ 31,914 out of General Administration
2. Between Non-Pledged and Pledged Properties Fund Groups-
(a) $224,659 into Non-Pledged
(b) $224,659 out of Pledged
46-11
12
79-103
Upon motion of Regent Powers, seconded by Regent Cullum, with all members
voting aye, it was ordered that the Student Service Fee of $30.00 for the
Fall or Spring Semester and the Student Health Fee of $15.00 for the Fall
or Spring Semester be continued but consolidated under the authority of
i^oin89' 56th LeSislature> Regular Session, effective for the Fall Semester,
1979, and assessed on the same basis as previously established concerning
a student's enrollment as the determinate for the apportionment of each.
79-104
Upon motion of Regent Cullum, seconded by Regent Wright, with all members
voting aye, it was ordered that the revised classified personnel pay plan
be approved, effective September 1, 1979, as detailed hereafter
46-12 v
STEPHEN F. AUSTIN STATE UNIVERSITY
1079-80 PERSONNEL PAY PLAN 13
CLASSIFIED SALARY STRUCTURE (BASE)
(Approved by Board of Regents July 21, 1979)
SCHEDULE OF PAY GRADES WITH HOURLY, MONTHLY, AND ANNUAL SALARY RANGES
B D E G H
f 3.10
\ 537.33
\ 6448
3.15
546.00
6552
3.20
554.67
6656
3.25
563.33
6760
3.30
572.00
6864
3.35
580.67
6968
3.40
589.33
7072
3.45
598.00
7176
3.50
60(3.67
7280
I 3.15 3.20 3.25 3.30 3.35 3.40 3.45 3.50
I 546.00 554.67 563.33 572.00 580.67 589.33 598.00 606.67
i 6552 6656 6760 6864 6968 7072 7176 7280
3.61 3.rt
625.00 647.
7500 77€
( 3.20 3.25 3.30 3.35 3.40 3.45 3.50 3.61
[ 554.67 563.33 572.00 580.67 589.33 598.00 606.67 625.00
. 6656 6760 6864 6968 7072 7176 7280 7500
3.74 3.Z
647.00 669.
7764 802
3.25 3.30 3.35 3.40 3.45 3.50 3.61 3.74 3.86
563.33 572.00 580.67 589.33 598.00 606.67 625.00 647.00 669.00
6760 6864 6968 7072 7176 7280 7500 7764 8028
3.30
572.00
6864
3.35
580.67
6968
3.40
589.33
7072
3.45
598.00
7176
3.50
606.67
7280
3.61
625.00
7500
3.74
647.00
7764
3.86
669.00
8028
4.00
692.00
8304
3.35 3.40 3.45 3.50
580.67 589.33 598.00 606.67
6968 7072 7176 7280
3.61 3.74 3.86 4.00
625.00 647.00 669.00 692.00
7500 7764 8028 8304
4.14 4.2
71(3.00 741.
8592 88S
3.40 3.45 3.50 3.61
589.33 598.00 606.67 625.00
7072 7176 7280 7500
3.74 3.86 4.00 4.14 4.28
647.00 669.00 692.00 716.00 741.00
7764 8028 8304 8592 8892
3.45
598.00
7176
3.50
606.67
7280
3.61
625.00
7500
3.74
647.00
7764
3.86
669.00
8028
4.00
692.00
8304
4.14
716.00
8592
4.28
741.00
8892
4 .43
767.00
9204
Hourly
Monthly
Annually Page 1
46-13
14
46-14
B D E H
i 4.90
,1 849
\ 10188
5.07
878
10536
5.24
908
10896
5.42
939
11268
5.61
971
11652
5.80
1005
12060
6.00
1040
12480
6.21
1076
12912
6.43
1113
13356
6.65
1151
13812
I 5.07
* 878
\ 10536
5.24
908
10896
5.42
939
11268
5.61
971
11652
5.80
1005
12060
6.00
1040
12480
6.21
1076
12912
6.43
1113
13356
6.65
1151
13812
6.88
1191
14292
i 5.24
M 908
ft 10896
5.42
939
11268
5.61
971
11652
5.80
1005
12060
6.00
1040
12480
6.21
1076
12912
6.43
1113
13356
6.65
1151
13812
6.88
1191
14292
7.11
1232
14784
i 5.42
II 939
4 11268
5.61
971
11652
5.80
1005
12060
6.00
1040
12480
6.21
1076
.12912
6.43
1113
13356
6.65
1151
13812
6.88
1191
14292
7.11
1232
14784
7.35
1274
15288
i 5.61
•A 971
\ 11652
5.80
1005
12060
6.00
1040
12480
6.21
1076
12912
6.43
1113
13356
6.65
1151
13812
6.88
1191
14292
7.11
1232
14784
7.35
1274
15288
7.61
1318
15816
if
5.80
1005
12060
6.00
1040
12480
6.21
1076
12912
6.43
1113
13356
6.65
1151
13812
6.88
1191
14292
7.11
1232
14784
7.35
1274
15288
7.61
1318
15816
7.87
1363
16356
I 6.00
i 1040
\ 12480
6.21
1076
12912
6.43
1113
13356
6.65
1151
13812
6.88
1191
14292
7.11
1232
14784
7.35
1274
15288
7.61
1318
15816
7.87
1363
16356
8.14
1410
16920
I 6.21
1 1076
I 12912
6.43
1113
13356
6.65
1151
13812
6.88
1191
14292
7.11
1232
14784
7.35
1274
15288
7.61
1318
15816
7.87
1363
16356
8.14
1410
16920
[ 6.43
[ 1113
13356
6.65
1151
13812
6.88
1191
14292
7.11
1232
14784
7.35
1274
15288
7.61
1318
15816
7.87
1363
16356
8.14
1410
16920
8.42
1459.50
17514
8.70
1508
18096
6.65
1151
13812
6.88
1191
14292
7.11
1232
14784
7.35
1274
15288
7.6.1
1318
15816
7.87
1363
16356
8.14
1410
16920
8.42
1459.50
17514
8.70
1508
18096
9.00
1560
18720
- Hourly
- Monthly
- Annually Page 3
46-15
16
B D E G H
i 6.88
1 1191
i 14292
7.11 7.35 7.61 7.87 8.14 8.42 8.70 9.00 9.31
1232 1274 1318 1363 1410 1459.50 1508 1560 1613.7:
14784 15288 15816 16356 16920 17514 18096 18720 19365
I 7.11 7.35 7.61 7.87 8.14 8.42 8.70 9.00 9.31 9.63
l 1232 1294 1318 1363 1410 1459.50 1508 1560 1613.75 1669.2:
i 14784 15288 15816 16356 16920 17514 18096 18720 19365 20031
V 7.35 7.61 7.87 8.14 8.42 8.70 9.00 9.31 9.63 9.96
1 1294 1318 1363 1410 1459.50 1508 1560 1613.75 1669.25 1726.4.
i 10288 15816 16356 16920 17514 18096 18720 19365 20031 20717
i 7.61 7.87 8.14 8.42 8.70 9.00 9.31 9.63 9.96 10.30
I 1318 1363 1410 1459.50 1508 1560 1613.75 1669.25 1726.42 1785.3:
\ 15816 16356 16920 17514 18096 18720 19365 20031 20717 21424
I 7.87 8.14 8.42 8.70 9.00 9.31 9.63 9.96 10.30 10.65
I 1363 1410 1459.20 1508 1560 1613.75 1669.25 1726.42 1785.33 1846
\. 16356 16920 17514 18096 18720 19365 20031 20717 21424 22152
\ 8.14 8.42 8.70 9.00 9.31 9.63 9.96 10.30 10.65 11.01
i 1410 1459.20 1508 1560 1613.75 1669.25 1726.42 1785.33 1846 1908.4:
V 16920 17514 18096 18720 19365 20031 20717 21424 22152 22901
[ 8.42 8.70 9.00
I. 1459.50 1508 1560
I. 17514 18096 18720
9.31 9.63 9.96 10.30 10.65
1613.75 1669.25 1726.42 1785.33 1846
19365 20031 20717 21424 22152
11.01 11.38
1908.42 1972.5:
22901 23671
- Hourly
- Monthly
- Annually
Page 4
46-16 "*
17
79-105
Upon motion of Regent Wright, seconded by Regent Cullum, with all members
voting aye, it was ordered that the Bank Depository Agreements be renewed
on the same terms for a period of one year (FY80) with the following banks:
Fredonia State Bank, Nacogdoches, Texas
Commercial National Bank, Nacogdoches. Texas
Stone Fort National Bank, Nacogdoches) Texas
First Bank and Trust, Lufkin, Texas
Lufkin National Bank, Lufkin, Texas
The depository banks will be permitted to change or add trustee banks to
secure the deposits upon the approval of the University Vice President
for Fiscal Affairs providing the trustee banks are chartered as national
or state banks by the State of Texas and agree to provide securities to
Stephen F. Austin State University according to the University's agreement
with its depository banks.
79-106
Upon motion of Regent Todd, seconded by Regent Cullum, with all members
voting aye, it was ordered that the following FY79 budget adjustments be
approved:
1. Add $1,750 to Personnel Services Account for Consultant
2. Add $2,000 to Major Repairs § Rehabilitation (1950) for Central Stores
Alterations
3. Add $1,250 to 1040 (English) to cover furnishings for writing laboratory
Source of Funds: Education and General
4. Add $12,700 to U. C. Administration 0 § M (5620) for unanticipated
repairs and extra costs
Source of Funds: Pledged Property Surplus
5. Add $7,000 to 5180-6000 (Security) for added payroll costs
6. Add $3,500 to 5180-9300 to cover additional operating expenses
Source of Funds: Non-Pledged Property Surplus
79-107
Upon motion of Regent Todd, seconded by Regent Wright, with all members
voting aye, it was ordered that any two of the following four persons be
authorized to sign vouchers and checks on all the funds of the University
for fiscal years 1980 and 1981:
46-17
18
Dr. William R. Johnson, President
Mr. C. G. Haas, Vice President for Fiscal Affairs
Mr. Otto J. Ehrlich, Comptroller
Mr. Doug Hughes, Business Manager
79-108
Upon motion of Regent Perkins, seconded by Regent Todd, with all members
voting aye, it was ordered that Dr. William R. Johnson, President of the
University, be authorized to approve official travel within the state or
out of the state, for the period September 1, 1979 to August 31, 1980
and in the event of his extended absence, C. G. Haas, Vice President for
Fiscal Affairs, be authorized to approve such travel.
79-109
Upon motion of Regent Perkins, seconded by Regent Todd, with all members
voting aye, it was ordered that C. G. Haas, Secretary to the Board of
Regents, be authorized to approve travel vouchers of members of the
Board of Regents.
79-110
Upon motion of Regent Todd, seconded by Regent Powers, with all members
voting aye, it was ordered that Change Order No. 2 (final) for $1 767 52
to be added to the Student Health Clinic facility construction contract '
with Pigg Construction Company, be approved and the Chairman of the Board
be authorized to sign the Change Order.
79-111
Upon motion of Regent Perkins, seconded by Regent Powers, with all members
voting aye, it was ordered that Change Order No. 2 (final) for $3,226.00
to be added to the Fine Arts Building Renovation Contract with Sumners Inc
be approved and the Chairman of the Board be authorized to sign the
Change Order. ■
79-112
Upon motion of Regent Cullum, seconded by Regent Todd, with all members
voting aye, it was ordered that the contract with Love Friberg fT
Associates, Inc., Fort Worth, Texas, for serving as an engineering con
sultant to the University, be approved and the Chairman of the Board be
authorized to sign the contract.
46-18
19
AGREEMENT
BETWEEN OWNER
AND CONSULTING ENGINEER
FOR
ENGINEERING SERVICES
MADE AND ENTERED INTO by and between Stephen F. Austin State University,
hereinafter called "Owner", and Love, Friberg & Associates, Inc., herein
after called the "Engineer".
SECTION I
EMPLOYMENT OF ENGINEER
The Owner intends to develop a comprehensive energy program and
policy which includes, but is not limited to, the following:
Preliminary Energy Audits
Energy Audits
Technical Assistance Studies
Operating and Maintenance Procedures
Energy Conservation Projects
Federal Energy Conservation Grant Applications
Federal Grant Reporting and Monitoring
Energy Master Plan
In consequence thereof, the Owner agrees to employ the Engineer and
the Engineer agrees to perform professional engineering services in
connection with the development of the comprehensive energy program and
policy as stated in this Section, and for having rendered such services,
the Owner agrees to pay to the Engineer compensation as stated in the
Section to follow.
The energy conservation project is the only item in the program and
policy which requires normal design engineering services as described in
Section II. All other engineering services will be treated as Special
Services as described in Section III. Energy conservation projects will
be identified and the scope determined as a result of the technical
assistance studies. As hereinafter used, "Project" refers to each
resulting energy conservation project.
SECTION II
CHARACTER AND EXTENT OF BASIC SERVICES
The Engineer shall render the following professional Basic Services
necessary for the development of the project:
46-19
-1-
20
A. PRELIMINARY PHASE
(1) Participate in preliminary conferences with Owner to establish
the scope of the project and the requirements of the systems.
(2) Determine types of facilities best suited to meet the Owner's
requirements.
(3J Prepare preliminary layouts as required to define space needs
of the facilities.
(4) Prepare design criteria and outline specifications for the
project.
(5) Counsel with the Owner on methods of construction as related
to the project, costs and suitability to the site.
(6) Prepare preliminary cost estimate for the project. This will
be a budget type estimate based on the Engineer's experience
and records as opposed to an itemized material and labor
estimate.
B. DESIGN PHASE
(1) Participate in design conferences with the Owner to plan and
coordinate the project.
(2) Prepare calculations for previously established design requirements,
(3) Make recommendations as to changes in scope as may be required
to stay within the Owner's budget.
(4) Prepare contract drawings in pencil on tracing paper in sufficient
detail to define the construction work.
(5) Prepare technical specifications for the project typed on
white bond paper.
(6) Update construction cost estimate prepared during Preliminary
Phase. This will be a budget type estimate based on the
Engineer's experience and records as opposed to an itemized
material and labor estimate.
(7) Provide and issue plans and specifications to bidders.
(8) Prepare addenda as may be required during the bidding period
and answer questions raised by bidders in the procurement of
bids.
-2- 4^6-20
21
C. CONSTRUCTION PHASE
(1) Assist Owner in analyzing bids and preparing recommendations
on all proposals relating to the project.
(2) Participate in preconstruction conferences and provide Owner
with consultation and advice.
(3) Review samples, manufacturer's data, schedules laboratory,
shop and mill tests of material and equipment and other data
which the Contractor is required to submit, solely to determine
conformance with design concept of the project and compliance
with information given by the contract documents. Such review
shall not relieve the Contractor from his responsibility for
compliance with the contract documents.
(4) Answer questions regarding the plans and specifications.
Preparations of additional plans for purposes other than
clarification is not included in Basic Services. Preparation
of change order documents required during construction is not
included in Basic Services (See Special Services).
(5) Make recommendations regarding proposed changes to the work.
Detailed investigative and survey work and/or plans and speci
fications required to implement pricing of proposed changes is
considered to be a Special Service.
(6) Assist the Owner in reviewing amounts required in partial
payment invoices.
(7) Make periodic site visits to observe the progress and quality
of the executed work and to determine in general if the work
is proceeding in accordance with the contract documents. In
performing this service, the Engineer will not be required to
make exhaustive or continuous on-site observations to check
the quality or quantity of the work or material; he will not
be responsible for techniques and sequence of construction or
- safety, precautions incident thereto, and he will.not be res
ponsible or liable in any degree for the Contractor's failure
to perform the construction work in accordance with the contract
• documents. During visits to the site, and on the basis of the
Engineer's on-site observations as an experienced and qualified
design professional he will keep the Owner informed of the
extent of the progress of the work, and advise the Owner in
writing of material and substantial defects and deficiencies
in the work of the Contractor which are discovered by the
Engineer or otherwise brought to the Engineer's attention in
the course of construction.
(8) Make a final observation of the completed construction of the
facilities. This specifically includes one observation of
each system shown in the construction drawings and specifica-
4,6-21
-3-
22
tions and a report in writing to the Owner. Additionally, one
review of each system is included on notification by the
Contractor that the defects in the system have been corrected.
Observance or guidance of detailed performance tests is con
sidered to be a Special Service.
SECTION III
SPECIAL SERVICES
A. PREDICTABLE SPECIAL SERVICES
In addition to the Preliminary Phase, Design Phase and Construction
Phase Basic Services, there are certain Predictable Special Services
which vary in scope or requirement from one project to the next, but are
usually common to a typical building design project. Following is a
list of such Predictable Special Services.
(1) Technical observation of construction by a full-time resident
project representative, and supporting staff as required.
(2) Preparing record drawings showing changes made during the con
struction process, based on data furnished by the Contractor.
(3) Travel and subsistence by the Engineer outside of Tarrant
County, in connection with this project when authorized by the
Owner, other than to the site.
(4) Special consultants to the Engineer and other disbursements if
approved by the Owner.
(5) Extensive value engineering; or life cycle cost studies.
(6) Providing itemized material and labor detailed cost estimates.
(7) Observing or guiding detailed performance or proof tests of
systems during construction or on completion of the project.
(8) Detailed investigative and survey work required to implement
pricing of proposed changes; preparation of plans and/or
specifications for construction contract change order documents,
(9) Preparation of operating and maintenance manuals or training
in operating and maintenance procedures.
B. UNPREDICTABLE SPECIAL SERVICES
This category of Special Services includes items that may well be
involved in any particular building design project, but which are not
necessarily typical. Following is a list of such Unpredictable Special
Services:
#6-22
-4-
23
(1) Changes to drawings and specifications or extra expense incurred
by reason of insolvency of the Contractor; readvertisement for
bids, or changes to drawings and specifications which are made
after a general preliminary plan, concept or scheme has been
approved, and which may become necessary through no fault of
the Engineer.
(2) Preparation of duplicate or alternate designs requested by the
Owner for the purpose of obtaining alternate bids, except
those required to keep the project within budget.
(3) Redesign required for reasons beyond the control of the Engineer.
(4) Evaluation and recommendations on Construction Contractor's
claims. '
(5) Assistance to the Owner as an expert witness in any litigation
arising from the development or construction of the project.
(6) Providing prolonged contract administration and observation of
construction should the construction contract time be exceeded
by more than 25 percent through no fault of the Engineer.
(7) Preparation of documents for prepurchase of equipment, or
multiple construction contracts.
C. ENERGY RELATED SPECIAL SERVICES
This category of Special Services includes items related to energy
use and cost which may vary greatly from time to time and building to
building. Following is a partial list of some of the Special Services:
(1) Assistance in Preliminary Energy Audits.
(2) Assistance in Energy Audits.
(3) Engineering Economic Studies for energy conservation measures
(called technical assistance in the Federal Grants Program).
(4) Advise and train Owner personnel in energy conserving operating
and maintenance practices.
(5) Preparation of Energy Master Plan.
(6) Assistance in Energy Conservation grant applications.
(7) Assistance in monitoring energy use and cost.
4*6-23
—5—
24
SECTION IV
EXCLUDED SERVICES
The following are beyond the scope of professional engineering
services and are excluded from this agreement:
(1) Engineer shall not be required to furnish any legal, accounting,
or insurance counseling service to the Owner.
SECTION V
OWNER'S RESPONSIBILITY
During the Preliminary Phase, the Owner will furnish the Engineer
all needed site information, including boundary surveys, easement,
topography, utilities, and lines and grades of existing streets, pave
ments and structures on the site.
At the completion of design, the Owner will designate any contractors
to whom he wishes drawings and specifications to be supplied. The
Engineer will provide required sets of drawings to the Owner and all
contractors. During Preliminary and Design Phases the Engineer will
furnish prints to the Owner for coordinating and checking.
Owner will furnish the Engineer necessary information from other
consultants or information gathered by Owner personnel.
SECTION VI
THE ENGINEER'S COMPENSATION
For and in consideration of the services to be rendered by the
Engineer, the Owner shall pay, and the Engineer shall receive the com
pensation hereinafter set forth, for the Preliminary, Design and Con
struction Phases of the Project and for Special Services not included in
these phases.
All remittances by Owner of such compensation shall either be
mailed or delivered to Engineer's office in Tarrant County, Texas.
A. BASIC SERVICES CHARGE
Compensation of Basic Services will be at a percentage rate of the
construction cost to the Owner (see Definition of Terms - Section VII)
of all work authorized by the Owner at one time and handled by the
Engineer in accordance with this Agreement. The exact percentage to be
mutually agreed after scope and estimated cost of project is known.
-6-
46-24
25
(1) Preliminary Phase
Payment for Services in the Preliminary Phase shall be 20
percent of Basic Services Charge of the work authorized by the
Owner in this phase,
Partial payments shall be made monthly. Payments will be made
in proportion to that part of the services which has been
accomplished, as evidenced by monthly statements submitted by
the Engineer to the Owner.
(2) Design Phase
During the preparation of the general working drawings and
specifications, monthly payments shall be made to the Engineer
aggregating at the completion thereof, a sum sufficient to
increase the total payments to 80 percent of the Basic Services
Charge of the work authorized by the Owner in this phase based
on the Engineer's estimate of construction cost of the work.
In the event that proposals for construction of any work
authorized in the Design Phase are received within 90 days
after submission of completed contract drawings and specifi
cations to the Owner by the Engineer, the Basic Services
Charge for the Preliminary Phase and the Design Phase shall be
adjusted to "construction cost11 as reflected by the lowest
acceptable proposal, or lowest bona fide bid if no contract is
awarded. Where no proposal or bona fide bids are received,
Engineer's estimates shall be the basis for final payment for
these two phases. No reduction shall be made from the Basic
Services Charge due to penalties or liquidated damages or
other sums withheld from Contractor's payments.
(3) Construction Phase
During the Construction Phase monthly payments shall be made
to the Engineer in proportion to services rendered until the
aggregate of total payments for basic services equals the
Basic Services Charge.
B. SPECIAL SERVICES CHARGES
Except as modified hereinafter, Engineer's charges for all Pre
dictable, Unpredictable and Energy Related Special Services as previously
described shall be at hourly rates of salary cost times a multiplier fo
2.5 for personal services and shall be at invoice cost plus a 10 percent
service charge for direct expense and subcontract expense. Salary cost
of Engineer's principals shall be at the rate of $22.00 per hour.
-7-
46-25
26
Charges for assistance to the Owner as an expert witness in any
litigation arising from the development or construction of the project
shall be $440.00 per diem for each day, or part thereof, in which the
Engineer's presence is required.
Charges for extra travel and subsistence for the Engineer when
authorized by the Owner shall be cost of travel and living expenses plus
a 10 percent service charge.
Payments to the Engineer for Special Services will be made monthly
by the Owner on presentation of monthly statements by the Engineer for
such services.
C. LATE PAYMENT CHARGES
In event payments are not promptly made, Engineer reserves the
right as provided herein, at any time thereafter to treat the agreement
as terminated by the Owner and recover compensation as provided by
Section XII.
SECTION VII
DEFINITION OF TERMS
A. CONSTRUCTION COST
Construction cost is defined as the total cost to the Owner for the
execution of the construction work. Excluded are charges or other cost
for engineering and legal services, the cost of land, rights-of-way,
legal and administrative expenses. Included are the direct cost to the
Owner of all construction contracts including performance bonds, insurance
and other general construction expenses which represent cost to Owner
and value of work, items of construction, including labor, materials and
equipment required for the completed work and the total value at site of
project of all labor, materials and equipment purchased or furnished
directly by the Owner.
B. SALARY COST .
Salary cost is defined as the cost of salaries of principals,
engineers, designers, draftsmen, stenographers, surveymen, clerks,
laborers, etc., for time directly chargeable to the project, plus social
security contributions, unemployment, excise and payroll taxes, employ
ment compensation insurance, retirement benefits, medical and insurance
benefits, sick leave, vacation, and holiday pay applicable thereto.
C. SUBCONTRACT EXPENSE
Subcontract.expense is that incurred by the Engineer in employment
of consultants in specialized fields and outside firms for services such
as acoustical, etc.
-8-
46-26
27
D. DIRECT NONLABOR EXPENSE
Direct non-labor expense is that incurred by the Engineer for
supplies, printing, transportation, equipment, travel, communications,
subsistence and lodging away from home, and similar incidentals in
connection with this assignment.
SECTION VIII
OWNERSHIP OF DOCUMENTS
Engineer's drawings and specifications, notes, and other data
remain his property as instruments of service. Owner will be furnished
and may retain the tracings in consideration of which it is mutually
agreed that he will use them solely in connection with the work and
shall not authorize their use on other work except by written consent of
the Engineer. Reuse for extensions of the original project shall be at
the Owner's sole risk and without liability or legal exposure to the
Engineer. Reuse for new projects entitles the Engineer to further
compensation at a rate to be mutually agreed upon.
SECTION IX
LIABILITY LIMITATION
Engineer shall have no liability to Owner or to others for acts or
omissions of the Contractor or any other persons performing work on this
project; for construction means, methods, techniques, sequences, or
procedures; for safety precautions and programs in connection with the
work; for Contractor's failure to carry out the work in accordance with
drawings and specifications; or for any other reason beyond warranty of
the use of reasonable skills in execution of the assignment covered by
this agreement.
This agreement is made for the benefit of the Owner and Engineer
only, and is not intended to benefit any others. Accordingly no third
party shall have any claim against either the Owner or Engineer by
virtue of this agreement.
SECTION X
RENEGOTIATION
Should there be a lapse of 12 months or more between completion of
any phase of the work and commencement of the next succeeding phase,
this agreement will be subject to renegotiation in respect to the remaining
work to be completed.
-9- 46-27
28
SECTION XI
DELAYS AND ABANDONMENT
If this project is abandoned or indefinitely delayed, or if this
agreement is terminated, the Engineer shall be paid for his services to
date,
SECTION XII
BREACH OF CONTRACT
If payment is not made to the Engineer when due according to Section VI
of this agreement and this agreement is placed in the hands of an attorney
for collection of such payment, or if any suit or other judicial proceeding
is instituted or had for the purpose of such collection or if it is
collected through a probate or bankruptcy proceeding, the Owner shall
pay an additional amount over and above the accrued payment or payments
with interest thereon, if any, as reasonable attorney's fees.
SECTION XIII
TERMINATION
This agreement may be terminated by either party on seven days
written notice should the other party fail substantially to perform in
accordance with its terms through no fault of the other. On termina
tion, the Owner will owe the Engineer for all compensation earned under
this agreement to the date of termination.
SECTION XIV
ADDRESS OF NOTICES AND COMMUNICATIONS
All notices and communications under this agreement to be mailed or
delivered to the Owner shall be to the following address:
Stephen F. Austin State University
Nacogdoches, Texas 75961 .
Attention: Vice President for Fiscal Affairs
All notices and communications under this agreement to be mailed or
delivered to the Engineer shall be to the following address:
Love, Friberg & Associates, Inc.
1414 Oil & Gas Building
Fort Worth, Texas 76102
■ 46-28
-10-
29
SECTION XV
SUCCESSORS AND ASSIGNMENTS
Owner and Engineer each binds himself and his successors, executors,
administrators and assigns to the other party of this agreement and to
the successors, executors, administrators and assigns of such other
party, in respect to all covenants of this agreement. Except as above,
neither the Owner nor the Engineer shall assign, sublet or transfer his
interest in this agreement without the written consent of the other, and
they further agree that this contract represents the entire agreement
between them and cannot be changed, added to or modified in any way or
manner except by an instrument in writing signed by the Owner and the
Engineer.
EXECUTED IN TWO (2) counterparts (each of which is deemed an original)
on behalf of Engineer and on behalf of Owner.
BOARD OF REGENTS LOVE, FRIBERG & ASSOCIATES, INC.
STEPHEN F. AUSTIN STATE UNIVERSITY CONSULTING ENGINEER
Homer Bryce /
Title: Chairman of Board of Regents, Title:
Stephen F. Austin State University
Date: July 21, 1979 Date:
v
46-29
-11-
30
79-113
Upon motion of Regent Perkins, seconded by Regent Todd, with all members
voting aye, it was ordered that the contract with Love, Friberg § Associates,
Inc., Fort Worth, Texas, for engineering planning of a storm sewer
project, be approved and the Chairman of the Board be authorized to sign
the contract.
46-30
31
AGREEMENT
BETWEEN OWNER
AND CONSULTING ENGINEER
' FOR
ENGINEERING SERVICES
MADE AND ENTERED INTO by and between Stephen F. Austin State University,
hereinafter called "Owner", and Love, Friberg & Associates, Inc., herein
after called the "Engineer".
SECTION I
EMPLOYMENT OF ENGINEER
The Owner intends to construct a storm water drainage system from
an area immediately east of the outdoor swimming pool, to Griffith
Blvd., to the University Center, and to the Music Building, hereinafter
called the "Project". The total appropriated budget for the project; is
$447,000.00.
In consequence thereof, the Owner agrees to employ the Engineer and
the Engineer agrees to perform professional engineering services in
connection with the project as stated in the Section to follow, and for
having rendered such services, the Owner agrees to pay to the Engineer
compensation as stated in the Section to follow.
SECTION II
CHARACTER AND EXTENT OF BASIC SERVICES
The Engineer shall render the following professional Basic Services
necessary for the development of the project:
A. PRELIMINARY PHASE
(1) Participate in preliminary conferences with Owner to establish
the scope of the project and the requirements of the systems.
(2) Determine types of facilities best suited to meet the Owner's
requirements.
(3) Prepare preliminary layouts as required to define location and
routing of the facilities.
(4) Prepare design criteria and outline specifications for the
project.
-1-
46-31
32
(5) Counsel with the Owner on methods of construction as related
to the project, costs and suitability to the site.
(6) Prepare preliminary cost estimate for the project. This will
be a budget type estimate based on the Engineer's experience
and records as opposed to an itemized material and labor
estimate.
B. DESIGN PHASE
(1) Participate in design conferences with the Owner to plan and
coordinate the project.
(2) Prepare calculations for previously established design requirements,
(3) Make recommendations as to changes in scope as may be required
to stay within the Owner's budget.
(4) Prepare contract drawings in pencil on tracing paper in sufficient
detail to define the construction work.
(5) Prepare technical specifications for the project typed on
white bond paper.
(6) Update construction cost estimate prepared during Preliminary
Phase. This will be a budget type estimate based on the
Engineer's experience and records as opposed to an itemized
material and labor estimate.
(7) Provide and issue plans and specifications to bidders.
(8) Prepare addenda as may be required during the bidding period
and answer questions raised by bidders in the procurement of
bids.
C. CONSTRUCTION PHASE
(1) Assist Owner in analyzing bids and preparing recommendations
on all proposals relating to the project.
(2) Participate in preconstruction conferences and provide Owner
with consultation and advice.
(3) Review samples, manufacturer's data, schedules laboratory,
shop and mill tests of material and equipment and other data
which the Contractor is required to submit, solely to determine
conformance with design concept of the project and compliance
with information given by the contract documents. Such review
shall not relieve the Contractor from his responsibility for
compliance with the contract documents.
-2-
46-32
33
(4) Answer questions regarding the plans and specifications
Preparations of additional plans for purposes other than
clarification is not included in Basic Services. Preparation
of change order documents required during construction is not
included in Basic Services (See Special Services).
(5) Make recommendations regarding proposed changes to the work
Detailed investigative and survey work and/or plans and speci
fications required to implement pricing of proposed changes is
considered to be a Special Service.
(6) Assist the Owner in reviewing amounts required in partial
payment invoices.
(7) Make periodic site visits to observe the progress and quality
of the executed work and to determine in general if the work
is proceeding in accordance with the contract documents. In
performing this service, the Engineer will not be required to
make exhaustive or continuous on-site observations to check
the quality or quantity of the work or material; he will not
be responsible for techniques and sequence of construction or
safety precautions incident thereto, and he will not be res
ponsible or liable in any degree for the Contractor's failure
to perform the construction work in accordance with the contract
documents. During visits to the site, and on the basis of the
Engineer's on-site observations as an experienced and qualified
design professional he will keep the Owner informed of the
extent of the progress of the work, and advise the Owner in
writing of material and substantial defects and deficiencies
in the work of the Contractor which are discovered by the
Engineer or otherwise brought to the Engineer's attention in
the course of construction.
(8) Make a final observation of the completed construction of the
facilities. This specifically includes one observation of
each system shown in the construction drawings and specifica
tions and a report in writing to the Owner. Additionally, one
review of each system is included on notification by the
Contractor that the defects in the system have been corrected.
Observance or guidance of detailed performance tests is con
sidered to be a Special Service.
SECTION III
SPECIAL SERVICES
A. PREDICTABLE SPECIAL SERVICES
In addition to the Preliminary Phase, Design Phase and Construction
Phase Basic Services, there are certain Predictable Special Services
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which vary in scope or requirement from one project to the next, but are
usually common to a typical building design project. Following is a
list of such Predictable Special Services.
(1) Technical observation of construction by a full-time resident
project representative, and supporting staff as required.
(2) Preparing record drawings showing changes made during the con
struction process, based on data furnished by the Contractor.
(3) Travel and subsistence by the Engineer outside of Tarrant
County, in connection with this project when authorized by the
Owner, other than to the site.
(4) Special consultants to the Engineer and other disbursements if
approved by the Owner.
(5) Field surveys for staking of the line for the Contractor;
extensive value engineering; or life cycle cost studies.
(6) Providing itemized material and labor detailed cost estimates.
(7) Observing or guiding detailed performance or proof tests of
systems during construction or on completion of the project.
(8) Detailed investigative and survey work required to implement
pricing of proposed changes; preparation of plans and/or
specifications for construction contract change order documents.
(9) Preparation of operating and maintenance manuals or training
in operating and maintenance procedures.
B. UNPREDICTABLE SPECIAL SERVICES
This category of Special Services includes items that may well be
involved in any particular building design project, but which are not
necessarily typical. Following is a list of such Unpredictable Special
Services:
(1) Changes to drawings and specifications or extra expense incurred
by reason of insolvency of the Contractor; readvertisement for
bids, or changes to drawings and specifications which are made
after a general preliminary plan, concept or scheme has been
approved, and which may become necessary through no fault of
the Engineer.
(2) Preparation of duplicate or alternate designs requested by the
Owner for the purpose of obtaining alternate bids, except
those required to keep the project within budget.
(3) Redesign required for reasons beyond the control of the Engineer.
(4) Evaluation and recommendations on Construction Contractor's
claims.
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(5) Assistance to the Owner as an expert witness in any litigation
arising from the development or construction of the project.
(6) Providing prolonged contract administration and observation of
construction should the construction contract time be exceeded
by more than 25 percent through no fault of the Engineer.
(7) Preparation of: documents for prepurchase of equipment, or
multiple construction contracts.
SECTION IV
EXCLUDED SERVICES
The following are beyond the scope of professional engineering
services and are excluded from this agreement:
(1) Engineer shall not be required to furnish any legal, accounting,
or insurance counseling service to the Owner.
SECTION V
OWNER'S RESPONSIBILITY
During the Preliminary Phase, the Owner will furnish the Engineer
all needed site information, including boundary surveys, easement,
topography, utilities, and lines and grades of existing streets, pave
ments and structures on the site.
At the completion of design, the Owner will designate any contractors
to whom he wishes drawings and specifications to be supplied. The
Engineer will provide required sets of drawings to the Owner and all
contractors. During Preliminary and Design Phases the Engineer will
furnish prints to the Owner for coordinating and checking.
Owner will furnish the Engineer necessary information from other
consultants.
SECTION VI
THE ENGINEER'S COMPENSATION
For and in consideration of the services to be rendered by the
Engineer, the Owner shall pay, and the Engineer shall receive the com
pensation hereinafter set forth, for the Preliminary, Design and Con
struction Phases of the Project and for Special Services not included in
these phases.
All remittances by Owner of such compensation shall either be
mailed or delivered to Engineer's office in Tarrant County, Texas.
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A. BASIC SERVICES CHARGE
Compensation of Basic Services will be 8 percent of the construction
cost to the Owner (see Definition of Terms - Section VII) of all work
authorized by the Owner at one time and handled by the Engineer in
accordance with this Agreement.
(1) Preliminary Phase
Payment for Services in the Preliminary Phase shall be 20
percent of Basic Services Charge of the work authorized by the
Owner in this phase.
Partial payments shall be made monthly. Payments will be made
in proportion to that part of the services which has been
accomplished, as evidence by monthly statements submitted by
the Engineer to the Owner.
(2) Design Phase
During the preparation of the general working drawings and
specifications, monthly payments shall be made to the Engineer
aggregating at the completion thereof, a sum sufficient to
increase the total payments to 80 percent of the Basic Services
Charge of the work authorized by the Owner in this phase based
on the Engineer's estimate of construction cost of the work.
In the event that proposals for construction of any work
authorized in the Design Phase are received within 90 days
after submission of completed contract drawings and specifi
cations to the Owner by the Engineer, the Basic Services
Charge for the Preliminary Phase and the Design Phase shall be
adjusted to "construction cost" as reflected by the lowest
acceptable proposal, or lowest bona fide bid if no contract is
awarded. Where no proposal or bona fide bids are received,
Engineer's estimates shall be the basis for final payment for
these two phases. No reduction shall be made from the Basic
Services Charge due to.penalties or liquidated damages or
other sums withheld from Contractor's payments.
(3) Construction Phase
During the Construction Phase monthly payments shall be made
to the Engineer in proportion to services rendered until the
aggregate of total payments for basic services equals the
Basic Services Charge.
B. SPECIAL SERVICES CHARGES
Except as modified hereinafter, Engineer's charges for all Pre
dictable and Unpredictable Special Services as previously described
shall be at hourly rates of salary cost times a multiplier of 2.5 for
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personal services and shall be at invoice cost plus a 10 percent service
charge for direct expense and subcontract expense. Salary cost of
Engineer's principals shall be at the rate of $22.00 per hour.
Charges for assistance to the Owner as an expert witness in any
litigation arising from the development or construction of the project
shall be $440.00 per diem for each day, or part thereof, in which the
Engineer's presence is required.
Charges for extra travel and subsistence for the Engineer when
authorized by the Owner shall be cost of travel and living expenses plus
a 10 percent service charge.
Payments to the Engineer for Special Services will be made monthly
by the Owner on presentation of monthly statements by the Engineer for
such services.
C. LATE PAYMENT CHARGES
In event payments are not promptly made, Engineer reserves the
right as provided herein, at any time thereafter to treat the agreement
as terminated by the Owner and recover compensation as provided by
Section XII.
SECTION VII
DEFINITION OF TERMS
A. CONSTRUCTION COST
Construction cost is defined as the total cost to the Owner for the
execution of the construction work. Excluded are charges or other cost
for engineering and legal services, the cost of land, rights-of-way,
legal and administrative expenses. Included are the direct cost to the
Owner of all construction contracts including performance bonds, insurance
and other general construction expenses which represent cost to Owner
and value of work, items of construction, including labor, materials and
equipment required for the completed work and the total value at site of
project of all labor, materials and equipment purchased or furnished
directly by the Owner.
B. SALARY COST
Salary cost is defined as the cost of salaries of principals,
engineers, designers, draftsmen, stenographers, surveymen, clerks,
laborers, etc., for time directly chargeable to the project, plus social
security contributions, unemployment, excise and payroll taxes, employ
ment compensation insurance, retirement benefits, medical and insurance
benefits, sick leave, vacation, and holiday pay applicable thereto.
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C. SUBCONTRACT EXPENSE
Subcontract expense is that incurred by the Engineer in employment
of consultants in specialized fields and outside firms for services such
as acoustical, etc,
D. DIRECT NONLABOR EXPENSE
Direct non-labor expense is that incurred by the Engineer for
supplies, printing, transportation, equipment, travel, communications,
subsistence and lodging away from home, and similar incidentals in
connection with this assignment.
SECTION VIII
OWNERSHIP OF DOCUMENTS
Engineer's drawings and specifications, notes, and other data
remain his property as instruments of service. Owner will be furnished
and may retain the tracings in consideration of which it is mutually
agreed that he will use them solely in connection with the work and
shall not authorize their use on other work except by written consent of
the Engineer. Reuse for extensions of the original project shall be at
the Owner's sole risk and without liability or legal exposure to the
Engineer. Reuse for new projects entitles the Engineer to further
compensation at a rate to be mutually agreed upon.
SECTION IX
LIABILITY LIMITATION
Engineer shall have no liability to Owner or to others for acts or
omissions of the Contractor or any other persons performing work oji this
project; for construction means, methods, techniques, sequences, or
procedures; for safety precautions and programs in connection with the
work; for Contractor's failure to carry out the work in accordance with
drawings and specifications; or for any other reason beyond warranty of
the use of reasonable skills in execution of the assignment covered by
this agreement.
This agreement is made for the benefit of the Owner and Engineer
only, and is not intended to benefit any others. Accordingly no third
party shall have any claim against either the Owner or Engineer by
virtue of this agreement.
SECTION X
RENEGOTIATION
Should there be a lapse of 12 months or more between completion of
any phase of the work and commencement of the next succeeding phase,
this agreement will be subject to renegotiation in respect to the remaining
work to be completed.
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SECTION XI
DELAYS AND ABANDONMENT
If this project is abandoned or indefinitely delayed, or if this
agreement is terminated, the Engineer shall be paid for his services to
date.
SECTION XII
BREACH OF CONTRACT
If payment is not made to the Engineer when due according to Section VI
of this agreement and this agreement is placed in the hands of an attorney
for collection of such payment, or if any suit or other judicial proceeding
is instituted or had for the purpose of such collection or if it is
collected through a probate or bankruptcy proceeding, the Owner shall
pay an additional amount over and above the accrued payment or payments
with interest thereon, if any, as reasonable attorney's fees.
SECTION XIII
TERMINATION
This agreement may be terminated by either party on seven days
written notice should the other party fail substantially to perform in
accordance with its terms through no fault of the other. On termina
tion, the Owner will owe the Engineer for all compensation earned under
this agreement to the date of termination.
SECTION XIV
ADDRESS OF NOTICES AND COMMUNICATIONS
All notices and communications under this agreement to be mailed or
delivered to the Owner shall be to the following address:
Stephen F. Austin State University
Nacogdoches, Texas 75961
Attention: Vice President for Fiscal Affairs
All notices and communications under this agreement to be mailed or
delivered to the Engineer shall be to the following address:
Love, Friberg & Associates, Inc.
1414 Oil & Gas Building
Fort Worth, Texas 76102
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SECTION XV
SUCCESSORS AND ASSIGNMENTS
Owner and Engineer each binds himself and his successors, executors,
administrators and assigns to the other party of this agreement and to
the successors, executors, administrators and assigns of such other
party, in respect to all covenants of this agreement. Except as above,
neither the Owner nor the Engineer shall assign, sublet or transfer his
interest in this agreement without the written consent of the other, and
they further agree that this contract represents the entire agreement
between them and cannot be changed, added to or modified in any way or
manner except by an instrument in writing signed by the Owner and the
Engineer.
EXECUTED IN TWO (2) counterparts (each of which is deemed an original)
on behalf of Engineer and on behalf of Owner.
BOARD OF REGENTS LOVE, FRIBERG & ASSOCIATES, INC.
STEPHEN F. AUSTIN STATE UNIVERSITY CONSULTING ENGINEER
Homer Bryce
Title: Chairman, Board of Regents, Title:
Stephen F. Austin State University
Date: July 21, 1979 Date:
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79-114
Upon motion of Regent Perkins, seconded by Regent Todd, with all members
voting aye, it was ordered that the contract with Kent-Marsellos-Scott,
Lufkin, Texas, for architectural services in connection with miscel
laneous minor projects, be approved and the Chairman of the Board be
authorized to sign the contract.
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CONTRACT FOR ARCHITECTURAL SERVICES
CITY OF NACOGDOCHES
THE STATE OF TEXAS
COUNTY OF NACOGDOCHES
THIS AGREEMENT made as of the twenty-first day of July in
the year Nineteen Hundred and Seventy Nine and between the BOARD OF
REGENTS STEPHEN F. AUSTIN STATE UNIVERSITY, NACOGDOCHES,
TEXAS acting herein by and through its President, hereinafter called the Owner,
and KENT-MARSELLOS-SCOTT, ARCHITECTS-ENGINEERS, Lufkin, Texas
hereinafter called the Architect for the following project:
PROFESSIONAL ASSISTANCE IN MISCELLANEOUS SMALL PROJECTS
The Owner and the Architect agree as set forth below.
NOW, THEREFORE, the Owner and the Architect for the considerations
hereinafter set forth agree as follows:
I. The Architect Shall provide professional services for the Project in
accordance with the Terms and Conditions of this Agreement.
II. The Owner shall compensate the Architect in accordance with the
Terms and Conditions of this Agreement as stated in Article 14.
All such payments and every payment herein provided shall be
from current funds available to the Owner and as applicable to the
projects involved for expenditure for the use and benefit of
Stephen F, Austin State University.
III. The Architect and the Owner further agree to the following Terms
and Conditions:
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ARTICLE 1
ARCHITECT'S SERVICES AND RESPONSIBILITIES
BASIC SERVICES
The Architect's Basic Services consist of the five phases described
in Paragraphs 1.1 through 1.5 and include normal structural,
mechanical and electrical engineering services and any other services
included in Article 15 as part of Basic Services.
1.1 SCHEMATIC DESIGN PHASE
1.1.1 The Architect shall review the program furnished by the Owner to
ascertain the requirements of the Project and shall review the under
standing of such requirements with the Owner.
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1.1.2 The Architect shall provide a preliminary evaluation of the program
and the Project budget requirements, each in terms of the other,
subject to the limitations set forth in Subparagraph 3.2.1.
1.1.3 The Architect shall review with the Owner alternative approaches to
design and construction of the Project.
1.1.4 Based on the mutually agreed upon program and Project budget re
quirements, the Architect shall prepare, for approval by the Owner,
Schematic Design Documents consisting of drawings and other documents
illustrating the scale and relationship of Project components.
1.1.5 The Architect shall submit to the Owner a Statement of Probable Con
struction Cost based on current area, volume or other unit costs.
1.2 DESIGN DEVELOPMENT PHASE
1.2.1 Based on the approved Schematic Design Documents and any adjust
ments authorized by the Owner in the program or Project budget, the
Architect shall prepare, for approval by the Owner, Design Development
Documents consisting of drawings and other documents to fix and describe
the size and character of the entire Project as to architectural, structural,
mechanical and electrical systems, materials and such other elements
as may be appropriate.
1.2.2 The Architect shall submit to the Owner a further Statement of Probable
Construction Cost.
1.3 CONSTRUCTION DOCUMENTS PHASE
1.3.1 Based on the approved Design Development Documents and any further
adjustments in the scope of quality of the Project or in the Project budget
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45
authorized by the Owner, the Architect shall prepare, for approval by
the Owner, Construction Documents consisting of Drawings and Specifi
cations setting forth in detail the requirements for the construction of
the Project.
1.3.2 The Architect shall assist the Owner in the preparation of the necessary
bidding forms, the Conditions of the Contract, and the form of the Agree
ment between the Owner and the Contractor.
1.3.3 The Architect shall advise the Owner of any adjustments to previous
Statements of Probable Construction Cost indicated by changes in re
quirements or general market conditions.
1.3.4 The Architect shall assist the Owner in connection with the Owner's
responsibility for filing documents required for the approval of
government authorities having jurisdiction over the Project.
1.4 BIDDING OR NEGOTIATION PHASE
1.4.1 The Architect, following the Owner's approval of the Construction
Documents and of the latest Statement of Probable Construction Cost,
shall assist the Owner in obtaining bids or negotiated proposals, and
assist in awarding and preparing contracts for construction.
1.5 CONSTRUCTION PHASE—ADMINISTRATION OF THE CONSTRUCTION
CONTRACT
1.5.1 The Construction Phase will commence with the award of the Contract
for Construction and, together with the Architect's obligation to provide
Basic Services under this Agreement, will terminate when final payment
to the Contractor is due, or in the absence of a final Certificate for
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Payment or of such due date, sixty days after the Date of Substantial
Completion of the Work, whichever occurs first.
1.5.2 Unless otherwise provided in this Agreement and incorporated in the
Contract Documents, the Architect shall provide administration of the
Contract for Construction as set forth below and in the edition of AIA
Document A201, General Conditions of the Contract for Construction,
current as of the date of this Agreement.
1.5.3 The Architect shall be a representative of the Owner during the Construc
tion Phase, and shall advise and consult with the Owner. Instructions
to the Contractor shall be forwarded through the Architect. The Architect
shall have authority to act on behalf of the Owner only to the extent pro
vided in the Contract Documents unless otherwise modified by written
instrument in accordance with Subparagraph 1.5.16.
1.5.4 The Architect shall visit the site at intervals appropriate to the stage of
construction or as otherwise agreed by the Architect in writing to become
generally familiar with the progress and quality of the Work and to determine
in general if the Work is proceeding in accordance with the Contract
Documents. However, the Architect shall not be required to make
exhaustive or continuous on-site inspections to check the quality or
quantity of the Work. On the basis of such on-site observations as an
Architect, the Architect shall keep the Owner informed of the progress
and quality of the work, and shall endeavor to guard the Owner against
defects and deficiencies in the Work of the Contractor.
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1.5.5 The Architect shall not have control or charge of and shall not be
responsible for construction means, methods, techniques, sequences
or procedures, or for safety precautions and programs in connection
with the Work, for the acts or omissions of the Contractor, Subcon
tractors or any other persons performing any of the Work, or for the
failure of any of them to carry out the Work in accordance with the
Contract Documents.
1.5.6 The Architect shall at all times have access to the Work wherever it is
in preparation or progress.
1.5.7 The Architect shall determine the amounts owing to the Contractor
based on observations at the site and on evaluations of the Contractor's
Applications for Payment, and shall issue Certificates for Payment in
such amounts, as provided in the Contract Documents.
1.5.8 The issuance of a Certificate for Payment shall constitute a representation
by the Architect to the Owner, based on the Architect's observations at
the site as provided in Subparagraph 1.5.4 and on the data comprising
the Contractor's Application for Payment, that the Work has progressed
to the point indicated; that, to the best of the Architect's knowledge,
information, and belief, the quality of the Work is in accordance with
the Contract Documents (subject to an evaluation of the Work for conformance
with the Contract Documents upon Substantial Completion, to the results
of any subsequent tests required by or performed under the Contract
Documents, to minor deviations from the Contract Documents correctable
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prior to completion, and to any specific qualifications stated in the
Certificate for Payment); and that the Contractor is entitled to
payment in the amount certified. However, the issuance of a
Certificate for Payment shall not be a representation that the Architect
has made any examination to ascertain how and for what purpose
the Contractor has used the moneys paid on account of the Contract
Sum.
1.5.9 The Architect shall be the interpreter of the requirements of the Contract
Documents and the judge of the performance thereunder by both the
Owner and Contractor. The Architect shall render interpretations
necessary for the proper execution or progress of the Work with reasonable
promptness on written request of either the Owner or the Contractor,
and shall render written decisions, within a reasonable time, on all
claims, disputes and other matters in question between the Owner and
the Contractor relating to the execution or progress of the Work or the
interpretation of the Contract Documents.
1.5.10 Interpretations and decisions of the Architect shall be consistent with
the intent of and reasonably inferable from the Contract Documents and
shall be in written or graphic form. In the capacity of interpreter and
judge, the Architect shall endeavor to secure faithful performance by
any interpretation or decision rendered in good faith in such capacity .
1.5.11 The Architect's decisions in matters relating to artistic effect shall be
final if consistent with the intent of the Contract Documents. The
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Architect's decisions on any other claims, disputes or other matters, includ
ing those in question between the Owner and the Contractor, shall be
subject to arbitration as provided in this Agreement and in the Contract
Documents.
1.5.12 The Architect shall have authority to reject Work which does not
conform to the Contract Documents. Whenever, in the Architect's
reasonable opinion, it is necessary or advisable for the implementation
of the intent of the Contract Documents, the Architect will have author
ity to require special inspection or testing of the Work in accordance
with the provision of the Contract Document, whether or not such Work
be then fabricated, installed or completed.
1.5.13 The Architect shall review and approve or take other appropriate action
upon the Contractor's submittals such as Shop Drawings, Product Data
and Samples, but only for conformance with the design concept of the
Work and with the information given in the Contract Documents. Such
action shall be taken with reasonable promptness so as to cause no delay.
The Architect's approval of a specific item shall not indicate approval of
an assembly of which the item is a component.
1.5.14 The Architect shall prepare Change Orders for the Owner's approval
and execution in accordance with the Contract Documents, and shall have
authority to order minor changes in the Work not involving an adjustment
in the Contract Sum or an extension of the Contract Time which are not
inconsistent with the intent of the Contract Documents.
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1.5.15 The Architect shall conduct inspections to determine the Dates of
Substantial Completion and final completion, shall receive and forward
to the Owner for the Owner's review written warranties and related
documents required by the Contract Documents and assembled by
the Contractor, and shall issue a final Certificate for Payment.
1.5.16 The extent of the duties, responsibilities and limitations of authority
of the Architect as the Owner's representative during construction
shall not be modified or extended without written consent of the
Owner, the Contractor and the Architect.
1.6 PROJECT REPRESENTATION BEYOND BASIC SERVICES
1.6.1 If the Owner and Architect agree that more extensive representation
at the site than is described in Paragraph 1.5 shall be provided, the
Architect shall provide one or more Project Representatives to assist
the Architect in carrying out such responsibilities at the site.
1.6.2 Such Project Representatives shall be selected, employed and directed
by the Architect, and the Architect shall be compensated therefor as
mutually agreed between the Owner and the Architect as set forth in an
exhibit appended to this Agreement, which shall describe the duties,
responsibilities and limitations of authority of such Project Representatives.
1.6.3 Through the observations by such Project Representatives, the Architect
shall endeavor to provide further protection for the Owner against defects
and deficiencies in the Work, but the furnishing of such project representa
tion shall not modify the rights, responsibilities or obligations of the
Architect as described in Paragraph 1.5.
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1.7 ADDITIONAL SERVICES
The following Services are not included in Basic Services unless so
identified in Article 15. They shall be provided if authorized or con
firmed in writing by the Owner, and they shall be paid for by the
Owner as provided in this Agreement, in addition to the compensation
for Basic Services.
1.7.1 Providing analyses of the Owner's needs, and programming the re
quirements of the Project.
1.7.2 Providing financial feasibility or other special studies.
1.7.3 Providing planning surveys, site evaluations, environmental studies
or comparative studies of prospective sites, and preparing special
surveys, studies and submissions required for approvals of govern
mental authorities or others having jurisdiction over the Project.
1.7.4 Providing services relative to future facilties, systems and equipment
which are not intended to be constructed during the Construction Phase.
1.7.5 Providing services to investigate existing conditions or facilities or to
make measured drawings thereof, or to verify the accuracy of drawings
or other information furnished by the Owner.
1.7.6 Preparing documents of alternate, separate or sequential bids or pro
viding extra services in connection with bidding, negotiation or con
struction prior to the completion of the Construction Documents Phase,
when requested by the Owner.
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1.7.7 Providing coordination of Work performed by separate contractors
or by the Owner's own forces.
1.7.8 Providing services in connection with the work of a construction
manager or separate consultants retained by the Owner.
1.7.9 Providing Detailed Estimates of Construction Cost, analyses of owning
and operating costs, or detailed quantity surveys or inventories of
material, equipment and labor.
1.7.10 Providing services for planning tenant or rental spaces.
1.7.11 Making revisions in Drawings, Specifications or other documents when
such revisions are inconsistent with written approvals or instructions
previously given, are required by the enactment or revision of codes,
laws or regulations subsequent to the preparation of such documents
or are due to other causes not solely within the control of the Architect.
1.7.12 Preparing Drawings, Specifications and supporting data and providing
other services in connection with Change Orders to the extent that the
adjustment in the Basic Compensation resulting from the adjusted Con
struction Cost is not commensurate with the services required of the
Architect, provided such Change Orders are required by causes not
solely within the control of the Architect.
1.7.13 Making investigations, surveys, valuations, inventories or detailed
appraisals of existing facilities, and services required in connection
with construction performed by the Owner.
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1.7.14 Providing consultation concerning replacement of any Work damaged
by fire or other cause during construction, and furnishing services as
may be required in connection with the replacement of such Work,
1.7.15 Providing services made necessary by the default of the Contractor,
or by major defects or deficiencies in the Work of the Contractor, or by
failure of performance of either the Owner or Contractor under the Contract
for Construction.
1.7.16 Providing extensive assistance in the utilization of any equipment or
system such as initial start-up or testing, adjusting and balancing, pre
paration of operation and maintenance manuals, training personnel for
operation and maintenance, and consultation during operation.
1.7.17 Providing services after issuance to the Owner of the final Certificate
for Payment, or in the absence of a final Certificate for Payment, more than
sixty days after the Date of Substantial Completion of the Work.
1.7.18 Preparing to serve or serving as an expert witness in connection with
any public hearing, arbitration proceeding or legal proceeding.
1.7.19 Providing services of consultants for other than the normal architectural,
structural, mechanical and electrical engineering services for the Project.
1.7.20 Providing any other services not otherwise included in this Agreement
or not customarily furnished in accordance with generally accepted archi
tectural practice.
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ARTICLE 2
THE OWNER'S RESPONSIBILITIES
2.1 The Owner shall provide full information regarding requirements for
the Project including a program, which shall set forth the Owner's design
objectives, constraints and criteria, including space requirements and
relationships, flexibility and expandability, special equipment and
systems and site requirements .
2.2 If the Owner provides a budget for the Project it shall include contingen-cies
for bidding, changes in the Work during construction, and other
costs which are the responsibility of the Owner, including those des
cribed in this Article 2 and in Subparagraph 3.1.2. The Owner shall,
at the request of the Architect, provide a statement of funds available
for the Project, and their source.
2.3 The Owner shall designate, when necessary, a representative authorized
to act in the Owner's behalf with respect to the Project. The Owner or
such authorized representative shall examine the documents'submitted
by the Architect and shall render decisions pertaining thereto promptly,
to avoid unreasonable delay in the progress of the Architect's services.
2.4 The Owner shall furnish a legal description and a certified land survey of
the site, giving, as applicable, grades and lines of streets, alleys,
pavements and adjoining property; rights-of-way, restrictions, easements,
encroachments, zoning, deed restrictions, boundaries and contours of
the site; locations, dimensions and complete data pertaining to
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existing buildings, other improvements and trees; and full informa
tion concerning available service and utility lines both public and
private, above and below grade including inverts and depths.
2.5 The Owner shall furnish the services of soil engineers or other con
sultants when such services are deemed necessary by the Architect.
Such services shall include test borings, test pits, soil bearing values,
percolation tests, air and water pollution tests, ground corrosion and
resistivity tests, including necessary operations for determining sub
soil, air and water conditions, with reports and appropriate professional
recommendations.
2.6 The Owner shall furnish structural, mechanical, chemical and other
laboratory tests, inspections and reports as required by law or the
Contract Documents.
2.7 The Owner shall furnish all legal, accounting and insurance counseling
services as may be necessary at any time for the Project, including
such auditing services as the Owner may require to verify the Con
tractor's Applications for Payment or to ascertain how or for what pur
poses the Contractor uses the moneys paid by or on behalf of the Owner.
2*8 The services, information, surveys and reports required by Paragraphs
2,4 through 2.7 inclusive shall be furnished at the Owner's expense, and
the Architect shall be entitled to rely upon the accuracy and completeness
thereof.
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2.9 If the Owner observes or otherwise becomes aware of any fault
or defect in the Project or nonconformance with the Contract Documents,
prompt written notice thereof shall be given by the Owner to the
Architect.
2.10 The Owner shall furnish required information and services and shall
render approvals and decisions as expeditiously as necessary for the
orderly progress of the Architect's services and of the Work.
ARTICLE 3
CONSTRUCTION COST
3.1 DEFINITION
3.1.1 The Construction Cost shall be the total cost or estimated cost to the
Owner of all elements of the Project designed or specified by the
Architect.
3.1.2 The Construction Cost shall include at current market rates, including
a reasonable allowance for overhead and profit, the cost of labor and
materials furnished by the Owner and any equipment which has been
designed, specified, selected or specially provided for by the Architect.
3.1.3 Construction Cost does not include the compensation of the Architect
and the Architect's consultants, the cost of the land, rights~of~way,
or other costs which are the responsibility of the Owner as provided in
Article 2.
3.2 RESPONSIBILITY FOR CONSTRUCTION COST
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3.2.1 Evaluations of the Owner's Project budget, Saternents of Probable
Construction Cost and Detailed Estimates of Construction Cost, if any,
prepared by the Architect, represent the Architect's best judgment
as a design professional familiar with the construction industry. It is
recognized, however, that neither the Architect nor the Owner has
control over the cost of labor, materials or equipment, over the Contractor's
methods of determining bid prices, or over competitive bidding, market
or negotiating conditions. Accordingly, the Architect cannot and does
not warrant or represent that bids or negotiated prices will not vary
from the Project budget proposed, established or approved by the
Owner, if any, or from any Statement or Probable Construction Cost or
other cost estimate or evaluation prepared by the Architect.
3.2.2 No fixed limit of Construction Cost shall be established as a condition
of this Agreement by the furnishing, proposal or establishment of a
Project budget under Subparagraph 1.1.2 or Paragraph 2.2 or otherwise,
unless such fixed limit has been agreed upon in writing and signed by
the parties hereto. If such a fixed limit has been established, the
Architect shall be permitted to include contingencies for design, bidding
and price escalation, to determine what materials, equipment, component
systems and types of construction are to be included in the Contract
Documents, to make reasonable adjustments in the scope of the Project
and to include in the Contract Documents alternate bids to adjust the
Construction Cost to the fixed limit. Any such fixed limit shall be
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increased in the amount of any increase in the Contract Sum occurring
after execution of the Contract for Construction.
3.2.3 If the Bidding or Negotiation Phase has not commenced within three
months after the Architect submits the Construction Documents to the
Owner, any Project budget or fixed limit of Construction Cost shall be
adjusted to reflect any change in the general level of prices in the con
struction industry between the date of submission of the Construction
Documents to the Owner and the date on which proposals are sought.
3.2.4 If a Project budget or fixed limit of Construction Cost (adjusted as provided
in Subparagraph 3.2.3) is exceeded by the lowest bona fide bid or
negotiated proposal, the Owner shall (1) give written approval of an
increase in such fixed limit, (2) authorize renegotiating of the Project
within a reasonable time, (3) if the Project is abandoned, terminate in
accordance with Paragraph 10.2, or (4) cooperate in revising the Project
scope and quality as required to reduce the Construction Cost. In the
case of (4), provided a fixed limit of Construction Cost has been es
tablished as a condition of this Agreement, the Architect, without
additional charge, shall modify the Drawings and Specifications as
necessary to comply with the fixed limit. The providing of such service
shall be the limit of the Architect's responsibility arising from the estab
lishment of such fixed limit, and having done so, the Architect shall
be entitled to compensation for all services performed, in accordance
with this Agreement, whether or not the Construction Phase is commenced.
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ARTICLE 4
DIRECT PERSONNEL EXPENSE
4.1 Direct Personnel Expense is defined as the direct salaries of all the
Architect's personnel engaged on the Project, and the portion of the cost
of their mandatory and customary contributions and benefits related
thereto, such as employment taxes and other statutory employee
benefits, insurance, sick leave, holidays, vacations, pensions
and similar contributions and benefits.
ARTICLE 5
REIMBURSABLE EXPENSES
5.1 Reimbursable Expenses are in addition to the Compensation for Basic
and Additional Services and include actual expenditures made by the
Architect and the Architect's employees and consultants in the interest
of the Project for the expenses listed in the following Subparagraphs:
5.1.1 Fees paid for securing approval of authorities having jurisdiction over
the Project.
5.1.2 Expense of data processing and photographic production techniques
when used in connection with Additional Services.
5.1.3 Expense of any additional insurance coverage or limits, including
professional liability insurance, requested by the Owner in excess
of that normally carried by the Architect and the Architect's consultants.
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ARTICLE 6
PAYMENTS TO THE ARCHITECT
6.1 PAYMENTS ON ACCOUNT OF BASIC SERVICES
6.1.1 Payments for Basic Services shall be made monthly and shall be in
proportion to services performed within each Phase of Services, on
the basis set forth in Article 14.
6.1.2 If and to the extent that the Contract Time initially established in the
Contract for Construction is exceeded or extended through no fault of the
Architect, compensation for any Basic Services required for such ex
tended period of Administration of the Construction Contract shall be
computed as set forth in Paragraph 14.2 for Additional Services.
6.1.3 When compensation is based on a percentage of Construction Cost, ,and
any portions of the Project are deleted or otherwise not constructed, com
pensation for such portions of the Project shall be payable to the extent
services are performed on such portions, in accordance with the schedule
set forth in Subparagraph 14.1.2 based on (1) the lowest bona fide bid
or negotiated proposal or, (2) if no such bid or proposal is received,
the most recent Statement of Probable Construction Cost or Detailed
Estimate of Construction Cost for such portions of the Project.
6.2 PAYMENTS ON ACCOUNT OF ADDITIONAL SERVICES
6.2.1 Payments on account of the Architect's Additional Services as defined
in Paragraph 1.7 and for Reimbursable Expenses as defined in Article
5 shall be made monthly upon presentation of the Architect's statement
of services rendered or expenses incurred.
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6 . 3 PAYMENTS WITHHELD
6.3.1 No deductions shall be made from the Architect's compensation on
account of penalty, liquidated damages or other sums withheld from
payments to contractors, or on account of the cost of changes in the Work
other than those for which the Architect is held legally liable.
6. 4 PROJECT SUSPENSION OR TERMINATION
6,4.1 If the Project is abandoned in whole or in part, the Architect shall
be compensated for all services performed prior to receipt of written
notice from the Owner of such abandonment, together with Reimbur
sable Expenses then due and all Termination Expenses as defined in
Paragraph 10.4. If the Project is resumed after being suspended for
more than three months, the Architect's compensation shall be equitably
adjusted.
ARTICLE 7
ARCHITECT'S ACCOUNTING RECORDS
7.1 Records of Reimbursable Expenses and expenses pertaining to Addi
tional Services and services performed on the basis of a Multiple of
Direct Personnel Expense shall be kept on the basis of generally accepted
accounting principles and shall be available to the Owner or the Owner's
authorized representative at mutually convenient times.
ARTICLE 8
OWNERSHIP AND USE OF DOCUMENTS
8.1 Drawings and Specifications as instruments of service are and shall
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remain the property of the Architect whether the Project for which they
are made is executed or not. The Owner shall be permitted to retain
copies of Drawings, Specifications for information and reference in
connection with the Owner's use and occupancy of the Project. The
Drawings and Specifications shall not be used by the Owner on other
projects, for additions to this Project, or for completion of this Project
by others provided the Architect is not in default under this Agreement,
except by agreement in writing and with appropriate compensation
to the Architect.
8.2 Submission or distribution to meet official regulatory requirements or
for other purposes in connection with the Project is not to be construed
as publication in derogation of the Architect's rights.
ARTICLE 9
ARBITRATION
9.1 AH claims, disputes and other matters in question between the parties
to this Agreement, arising out of or relating to this Agreement or the
breach thereof, shall be decided by arbitration in accordance with the
Construction Industry Arbitration Rules of the American Arbitration
Association then obtaining unless the parties mutually agree otherwise.
No arbitration, arising out of or relating to this Agreement, shall include,
by consolidation, joinder or in any other manner, any additional person
not a party to this Agreement except by written consent containing a
specific reference to this Agreement and signed by the Architect, the
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Owner, and any other person sought to be joined. Any consent to
arbitration involving an additional person or persons shall not constitute
consent to arbitration of an/ dispute not described therein. This
Agreement to arbitrate and any agreement to arbitrate with an addi
tional person or persons dully consented to by the parties to this Agree
ment shall be specifically enforceable under the prevailing arbitration law.
9.2 Notice of the demand for arbitration shall be filed in writing with the
other party to this Agreement and with the American Arbitration Associa
tion. The demand shall be made within a reasonable time after the claim,
dispute or other matter in question has arisen. In no event shall the
demand for arbitration be made after the date when institution of legal
or equitable proceedings based on such claim, dispute or other matter
in question would be barred by the applicable statute of limitations.
9.3 The award rendered by the arbitrators shall be final, and judgment
may be entered upon it in accordance with applicable law in any court
having jurisdiction thereof.
ARTICLE 10
TERMINATION OF AGREEMENT
10.1 This Agreement may be terminated by either party upon seven days1
written notice should the other party fail substantially to perform in
accordance with its terms through no fault of the party initiating the
termination.
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10.2 This Agreement may be terminated by the Owner upon at least seven
days' written notice to the Architect in the event that the Project is
permanently abandoned,
10.3 In the event of termination not the fault of the Architect, the Architect
shall be compensated for all services performed to termination date,
together with Reimbursable Expenses then due and all Termination
Expenses as defined in Paragraph 10 .4.
10.4 Termination Expenses include expenses directly attributable to termina
tion for which the Architect is not otherwise compensated, plus an
amount computed as a percentage of the total Basic and Additional Com
pensation earned to the time of termination, as follows:
20 percent if termination occurs during the Schematic
Design Phase; or
10 percent if termination occurs during the Design Develop
ment Phase; or
5 percent if termination occurs during any subsequent phase.
ARTICLE 11
MISCELLANEOUS PROVISIONS
11.1 Unless otherwise specified, this Agreement shall be governed by the law
of the principal place of business of the Architect.
11.2 Terms in this Agreement shall have the same meaning as those in AIA
Document A201, General Conditions of the Contract for Construction,
current as of the date of this Agreement.
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11.3 As between the parties to this Agreement: as to all acts or failures
to act by either party to this Agreement, any applicable statute of
limitations shall commence to run and any alleged cause of action shall
be deemed to have accrued in any and all events not later than the
relevant Date of Substantial Completion of the Work, and as to any
acts or failures to act occurring after the relevant Date of Substantial
Completion, not later than the date of issuance of the final Certificate
for Payment.
11.4 The Owner and the Architect waive all rights against each other and
against the contractors, consultants, agents and employees of the other
for damages covered by any property insurance during construction
as set forth in the edition of AIA Document A201, General Conditions,
current as of the date of this Agreement. The Owner and the Architect
each shall require appropriate similar waivers from their contractors,
consultants and agents.
ARTICLE 12
SUCCESSORS AND ASSIGNS
12.1 The Owner.and the Architect, respectively, bind themselves, their
partners, successors, assigns and legal representatives to the other
party to this Agreement and to the partners, successors, assigns and
legal representatives of such other party with respect to all covenants of
this Agreement. Neither the Owner nor the Architect shall assign, sublet
or transfer any interest in this Agreement without the written consent
of the other.
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ARTICLE 13
EXTENT OF AGREEMENT
13.1 This Agreement represents the entire and integrated agreement between
the Owner and the Architect and supersedes all prior negotiations, re
presentations or agreements, either written or oraL This Agreement
may be amended only by written instrument signed by both Owner and
Architect.
ARTICLE 14
BASIS OF COMPENSATION
The Owner shall compensate the Architect for the Scope of Services
provided, in accordance with Article 6, Payments to the Architect,
and the other Terms and Conditions of this Agreement, as follows:
14.1 ARCHITECT'S COMPENSATION
14.1.1 FOR SERVICES, as described in Paragraphs 1.1 through 1.5, and
any other services, Compensation shall be computed as follows:
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Principals time at the fixed rate of $55 . 00 per hour . For
the purpose of this agreement the principals are:
Wilbur Kent
Floyd Marsellos
Ray Scott
Employees time (other than principals) at a multiple of 2-1/2
times the employee's Direct Personnel Expense as defined in
Article 4.
14.1.2 FOR SERVICES OF CONSULTANTS, including structural, mechanical
and electrical engineering services, a multiple of (1.5) times the
amounts billed to the Architect for such services.
14.2 FOR REIMBURSABLE EXPENSES, as described in Article 5, a
multiple of (1.0) times the amounts expended by the Architect, the
Architect's employees and consultants in the interest of the.Project.
14.3 Payments due the Architect and unpaid under this Agreement shall
bear interest beginning sixty days from the date payment is due at the
rate of 6%.
14.4 The Owner and the Architect agree in accordance with the Terms and
Conditions of this Agreement that:
14.5 IF THE SCOPE of the Project or of the Architect's Services is changed
materially, the amounts of compensation shall be equitably adjusted.
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NUMBER OR COUNTERPART COPIES
This Contract is executed in four counterparts.
IN WITNESS WHEREOF the parties hereto have made and executed this
Agreement, the day and year first above written.
BOARD OF REGENTS
STEPHEN F . AUSTIN STATE UNIVERSITY
ATTEST:
Secretary
VMr-SS^. >•■'-
President of the/Board
KENT, MARSELLOS AND SCOTT
ARCHITECTS-ENGINEERS
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79-115
Upon motion of Regent Todd, seconded by Regent. Cullum, with all members
voting aye, it was ordered that a committee of Regents Wright, Perkins,
Powers, and Todd be authorized to counsel the University President to
obtain a commitment for the purchase of the Ollie Bailey Farm, subject
to Coordinating Board approval.
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Upon motion of Regent Perkins, seconded by Regent Todd, with all members
voting aye, it was ordered that in the event a final judgment is
entered by the court in favor of the plaintiff in Somberg v. Walker, et
al., the University, with the assistance of the Texas Attorney General's
Office, be instructed to appeal to the United States Fifth Court of
Appeals.
At the conclusion of the business above, each Regent present was given
copies of the following:
1. Article XVI, Sections 12, 33, and 40, Texas Constitution
2. Chapters 36 and 39, Penal Code, as amended
3. Articles 5996-5996g, Revised Civil Statutes of Texas, 1925,
as amended
4. Chapter 421, Acts of the 63rd Legislature, Regular Session, 1973,
as amended (Article 6252-9b, Vernon's Texas Civil Statutes)
5. Chapter 271, Acts of the 60th Legislature, Regular Session, 1967,
as amended (Article 6252-17, Vernon's Texas Civil Statutes)
6. Chapter 424, Acts of the 63rd Legislature, Regular Session, ,1973,
as amended (Article 6252-17a, Vernon's Texas Civil Statutes)
This transmittal is in compliance with H.R. No. 167 of the 66th Legis
lature which states that all state boards and commissions should specifi
cally disclose to their members the requirements of the constitutional
and statutory laws. The Regents who were not present were to be mailed
a set of these documents.
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CERTIFICATION
In accordance with the request of the Board of Regents, the President of
the University and the Vice President for Fiscal Affairs certify, to
the best of their knowledge and belief, that:
1. All accounting reports submitted to the Board of Regents contain in
formation resulting from procedures that are in compliance with State
law and regulations are correct; and,
2. That all funds are on deposit with approved depositories as authorized
by the Board on July 29, 1978.
Meeting adjourned at 12:00 noon
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