Minutes of the Board of Regents of Stephen F. Austin State University. 1983, Volume No. 64

              Stephen F. Austin
State University
Minutes of the
Board of Regents
Huxley Bay, Texas
July 25,1983
Volume 64
INDEX
Minutes of the Meeting
Stephen F. Austin State University
Board of Regents
Held in Huxley Bay, Texas
July 25, 1983
83-118 Approval of Minutes 2
83-119 Approval of "Texas Equal Educational
Opportunity Plan for Higher Education" 2
83-120 Faculty/Staff Appointments for Summer (1983) 2
83-121 Changes in Status (Summer, 1983) 5
83-122 Resignations (Summer, 1983) 7
83-123 Faculty/Staff Appointments for FY1983-84 8
83-124 Changes in Status for FY1983-84 12
83-125 Resignations for FY1983 13
83-126 Requests for Leave 15
83-127 Returns from Leave . 15
83-128 Approval of Holiday Schedule 15
83-129 Approval of Policy on Employment o:: Persons
with Criminal History 16
83-130 Approval of Last Class Day Enrollment
Report for 1983 Spring Semester 16
83-131 Approval of Parking Regulations 16
83-132 Authorization to Review Athletic Program 17
83-133 Approval of Budget"Adjustments 17
83-134 Approval of Depository Bank Contracts 17
83-135 Approval of 1983-84 Annual Budget 18
83-136 Authorizations to Approve Travel Requests 18
83-137 Authorizations to Sign Vouchers 19
83-138 Service Award Pins and Certificates 19
83-139 Approval to Increase Student Service Fee 19
83-140 Ratification of Motor Pool Building Contract
(J. E. Kingham Construction Co.) * 20
83-141 Ratification of Low Bid on Air Conditioning
for Field House 20
83-142 Ratification of Roofing and Repairs; Contract-
Boynton Bldg. (Thomas & Thompson Const. Co.) 20
83-143 Authorization to Request Bids and /.ward
Contract for Reroofing Science Building 20
83-144 Approval of Change Order No. 4—-Instructional
Facilities Science/Math Project 20
83-145 Authorization to Issue Purchase Order on
Health Clinic Air Conditioning 21
83-146 Approval of Change Order No. 3--Chemistry
Building Refrigeration Machine 21
83-147 Approval of Change Order -No. 1—Dorms 9 & 32
Renovations Project 21
83-148 Acceptance of Houseboat to School of Forestry 21
83-149 Resolution to R. E. Samuel, Jr. 21
83-150 Resolution to Walter C. Todd, Jr. 23
83-151 Resolution to Mrs. Tom Wright 25
Change Order No. 4 - Instructional Facilities
for Science/Math Project 27
Change Order No. 3 - Chemistry Building Re
frigeration Machine 28
Change Order No. 1 - Dorms 9 & 12 Repairs 29
Motor Pool Contract - J. E. Kingham Con
struction Company, Inc. 3 0
Roofing & Repairs-Computer Science,
Masonry Repairs-Science Building (Thomas
& Thompson Construction Co.) 4 9
Information 67
MINUTES OF THE MEETING
BOARD OF REGENTS
STEPHEN F. AUSTIN STATE UNIVERSITY
HELD IN HUXLEY BAY, TEXAS
July 25, 1983
The meeting was called to order by Mr. Ted Bowen, Chairman of
the Board of Regents, at 9:00 a.m. July 25, 1983.
REGENTS -
PRESENT:
ABSENT:
Mr. Ted Bowen of Houston
Mr. Homer Bryce of Henderson
Mrs. George Cullum, Jr. of Dallas
Mr. Fletcher Garner of Bridge City
Mr. Luke Honea of Wildwood
Ms. Willia B. Murphy of Crockett
Mr. Phil Simpson of Dallas
Mr. Larry Jackson of Piano
Mr. Glenn Justice of Dallas
STAFF -
PRESENT: Dr. William R. Johnson, President of the
University
Dr. Edwin Gaston, Vice President for Aca
demic Affairs
Dr. Baker Pattillo, Vice President for
University Affairs
Mr. Don L. Henry, Vice President for Admini
strative and Fiscal Affairs
Mr. Robert Provan, Legal Counsel
83-118
Upon motion of Regent Bryce, seconded by Regent Cullum,
with all members voting aye, it was ordered that the minutes
of the meeting of April 26, 1983, be approved.
83-119
Upon motion of Regent Cullum, seconded by Regent Garner,
with all members voting aye, it was ordered that the Board
of Regents endorse the "Texas Equal Educational Opportunity
Plan for Higher Education," and pledge the full cooperation
of Stephen F. Austin State University in achieving the goals
set forth for SFASU therein.
83-120
Upon motion of Regent Garner, seconded by Regent Murphy,
with all members voting aye, it was ordered that the following
faculty/staff appointments for summer (1983) be approved:
1. Department of Accounting
Mr. Jesse D. Mixon, Assistant Professor of Accounting,
at a salary rate of $3,714 for 100% time for Summer
I. Mr. Mixon will replace Dr. Carolyn Conn who has
resigned.
2. Affirmative Action Office
Dr. Jerry Neal Lackey, Associate Professor of Psychology,
at a salary rate of $8,722 for Summer I and Summer II
for 50% time teaching in the Department of Psychology
and 50% time for research on the Affirmative Action
Validation Study.
3. Census Data Center
Dr. Ronald Glen Claunch, Associate Professor of Political
Science, at a salary rate of $2,310 for 50% time for
Summer II, to serve as Director of the Census Data Center.
4. Department of Communication
Dr. Michael N. Roach, Associate Professor of
Communication, at a salary rate of $2,528 for 50% time
for Summer II, to replace Mr. Ben Hobbs who has resigned
his summer appointment.
5. Department of Computer Science
Dr. Orlynn R. Evans, Assistant Professor of Computer
Science, at a salary rate of $2,084 for 50% time for
Summer II. Dr, Evans is a new ' faculty member for the
1983—84 academic year.
Mr. Regan Lee Rayburn, Lecturer in Computer Science/
at i salary rate of $2,500 for 50% time for Summer
I and Summer II. Mr. Rayburn is a new Instructor for
the 1983-84 academic year.
6. Department of Elementary Education
Ms. Kiera Lorenz, Lecturer in Elementary Education,
at a salary rate of $750 for 25% time for Summer I.
7. Department of English and Philosophy
Ms. Mary Rose Devine, Lecturer in English, at a salary
rate of $1,500 for 50% time for Summer I.
Mr. William Dale Hearell, Lecturer in English, at a
salary rate of $1,500 for 50% time for Summer I.
8. School of Forestry
Dr. Robert M. Whiting, Assistant Professor of Forestry,
at a salary rate. of $3,696 for 50% time for Summer
I and Summer II. Dr. Whiting serves as Director of
the Summer Field Station.
9. Department of History
Dr. Archie P. McDonald, Professor of History, at a salary
rate of $6,366 for 50% time as Director of Historical
Publication during Summer I and Summer II. This is
in addition to the 50% time for teaching duties in History
for Summer I and Summer II.
10* Department of Home Economics
Ms. Gladys Atherton, retired Assistant Professor of
Home Economics, at a salary rate ' of $1,800 for 50rs time
for Summer II. Ms. Atherton will replace Dr. Barbara
Barrett who has resigned her summer appointment.
Dr. Patsy Hallman, Associate Professor of Home Economics,
at a salary rate of $2,392 for 50% time for Summer II.
Dr. Hallman will replace Dr. Barbara Barrett who has
resigned her summer appointment.
11. Department of Management and Marketing
Dr. Gary Michael Epping, Assistant Professor of
Management, at a salary rate of $4,500 for 100% time
for Summer II. Dr. Epping is a new faculty member for
the 1983-84 academic year. He will replace Dr. Mildred
Pryor who has resigned her summer appointment.
Mr. Johnny T. Longf Lecturer in Management, at a salary
rate ' of $1,500 for 50% time for Summer I. Mr. Long
will replace Dr. Mildred Pryor who has resigned her
summer appointment.
12. Department of Modern Languages
Dr. N. Ann Doyle, Assistant Professor Modern Languages,
at a salary rate of $1,551 for 50% time for Summer II.
Dr. Doyle will replace Dr. Jimmy Jones who has resigned
his summer appointment.
13. Department of Physics
Dr. James Bruce Rafert, Assistant Professor of Physics,
at a salary rate of $3,663 for 100% time for Summer
II. Dr. Rafert is a new faculty member for the 1983-84
academic year. Dr. Rafert will replace Dr. James
Nicholson who has requested a leave of absence.
14. Department of Secondary Education
Dr. Allan G. Cannon, Lecturer in Secondary Education,
at a salary rate of $2,426 for 100% time for Summer
I.
15. Department of Theatre
Mr. Timothy Haynes, Lecturer and Director of Summer
Repertory Theatre, at a salary rate of $1,500 for 100%
time for Summer I.
16. School of Applied Arts and Sciences
The following faculty have been appointed to teach
off-campus for the designated time, place and salary
indicated:
John C. Austin
Arthur Benoy
James M. Bowman
Thomas Callaway
Leonard Cheever
Ronald D. Claunch
Timothy Clipson
Ralph Eddins
Vivian Gruber
Patsy Hallman
William Heeney
Mary Ella Lowe
Samir Maamary
Norman Markworth
Morgan C. Moses
Wayne Murdock
Miltdn Payne
H. Douglas Prewitt
Kay G. Rayborn
Jesse Richardson
Donnya Stephens
Elvia Rodriguez
17. University Affairs
Mr.. Don Wilhelm, Women's Assistant Basketball Coach
at a salary of $2,995 for 1.5 months, effective June
1, 1983.
83-121
Upon motion of Regent Bryce, seconded by Regent Cullumf
with all members voting aye, it was ordered that the following
changes in status be approved: (Summer, 1983)
1. Applied Studies
Dr. Leonard Cheever, Professor of English, from a salary
rate of $5,308 for 50% time for Summer I and Summer
II to a salary rate of $8,751.17 for 75% time for Summer
I and Summer II. Dr. Cheeverfs teaching assignment
was increased.
2. Department of Chemistry
Mr. Charles R. Gates, Instructor of Chemistry, from
a ■ salary rate of $1,842 for 50% time to $3,684 for 100%
time for Summer I. Contingency course made.
Dr. Richard H.. Langley, Assistant Professor of Chemistry,
from a salary rate of $1,667 for 50% time to $3,334
for 1.0 0% time for Summer I. Contingency course made.
3. Department of Communication
Dr. William Joseph Oliver, Associate Professor of
Communication, from a salary rate of $5,695 for 67%
time to $8,502 for 100% time for Summer I and II.
4. Department of Counseling and Special Educational Programs
Dr. Bruce Payette, Assistant Professor of
Counseling/Special Educational Programs, from a salary
rate of $3,390 for 100% time to $1,695 for 50% time
for Summer II. Dr. Payette will be working on a
rehabilitation education grant for 50% time during Summer
II.
5. Department of Elementary Education
Ms- Vikki Branch Boatman, Kindergarten Lead Teacher,
to Kindergarten Master Teacher at a salary rate of $lf400
for 50% time for Summer II. Ms. Boatman will replace
Ms. Jane Gregory who has requested a leave of absence
for Summer II.
6. Department of Mathematics and Statistics
Mr. Bobby Boudria, Assistant Professor of Mathematics,
from a salary rate of $1,770 for 50% time to $3,540
for 100% time for Summer I. Mr. Boudria will replace
Dr. William Clark who has resigned his summer appointment.
Mr. Harold E. Bunch, Assistant Professor of Mathematics,
from a salary rate of $1,964 for 50% time to $3,928
for 100% time for Summer I. Mr. Bunch will replace
Dr. William Clark who has resigned his summer appointment..
7. Department of Music
Dr. Ronald E. Anderson, Associate Professor of Music,
from a salary rate of $1,536 for 33% time to $3,263.82
for 71% time for Summer I. Dr. Anderson assumed teaching
responsibilities for Mr. David L. Kennedy who became
ill.
8. Department of Psychology
Dr. Bruce Bailey, Associate Professor of Psychology,
from a salary rate of $4,321 for 100% time for Summer
II to $6,481 for 50% time for Summer I and 100% time
for Summer II.
Dr. Raymond L. Eastman, Assistant Professor of Psychology,
from a salary rate of $7,324 for 100% time for Summer
I and Summer II to a salary rate of $3,662 for 100%
time for Summer I and $1,831 for 50% time for Summer
II, due to a change in course offerings.
9 . Department of Theatre
Mr. Thomas Matthys, Assistant Professor of Theatre,
from a salary rate of $3,697 for 100% time in Summer
I and $924 for 25% time in Summer II to $1,849 for 50%
time in Summer I and $1,848 for 50% time in Slimmer II.
This change is necessary due to shifts in teaching
assignments.
Ms. Cathryn Robbins, Assistant Professor of Theatre,
from a salary rate of $3,284 for 100% time to $1,642
for 50% time in Summer I. Ms. Robbins requested this
change to accomodate summer travel plans.
10. University Affairs
Ms. Sadie Allison, from Interim Director of Women's
Intercollegiate Athletics to Director of Women's
Intercollegiate Athletics at a salary of $4,660, effective
June 1, 1983.
83-122
Upon motion of Regent Bryce, seconded by Regent Garner, with
all^ members voting aye, it was ordered that the following
resignations from summer employment be accepted:
1. Department of Communication
Mr. Ben F. Hobbs, Assistant Professor of Communication,
effective Summer II, 1983.
2. Department of Computer Science
Dr. Denis Hyams, Associate Professor of Computer Science,
effective Summer I and Summer II, 1983.
3. Department of Home Economics
Dr. Barbara H,. Barrett, Assistant Professor of Home
Economics, effective Summer I and Summer II, 1983.
4. Department of Mcinagement and Marketing
Dr. Mildred G. Pryor, Professor of Management, effective
Summer I and Summer II, 1983.
5. Department of Mcithematics and Statistics
Dr. William D. Clark, Professor of Mathematics, effective
Summer I, 198 3.
6. Department of Modern Languages
Dr. Jimmy Ray Jones, Associate Professor of Modern
Languages, effective Summer II, 1983.
7. Department of Music
Mr. Gaston Darrell Holt, Assistant Professor of Music,
effective Summer I, 1983.
Mr. David L. Kennedy, Lecturer in Music, effective Summer
I, 1983.
Dr. Robert C. Mann, Associate Professor of Music,
effective Summer I, 1983.
8. Department of Psychology
Dr. Richard L. Pollock, Associate Professor of Psychology,
effective Summer I and Summer II, 1983
83-123
Upon motion of Regent Simpson, seconded by Regent Honea,
it was ordered that the following individuals be employed
for the positions, dates, and salaries indicated for the
1983-84 academic year.
1. Department of Accounting
Dr. James F. Hopson, 36, J.D. (Southern Methodist
University), Assistant Professor of Accounting at a
salary rate of $27,500 for 100% time . for nine months,
effective September 1, 1983.
Ms. Judy Diane Lewis, 32, M.B.A. (Texas A&M University),
Instructor in Accounting at a salary rate of $17,500
for 100% time for nine months, effective September 1,
19 8 3.
Dr. H. Vaden Streetman, 60, D.B.A. (University of Southern
California), Visiting Professor of Accounting at a salary
rate of $31,000 for 100% time for nine months, effective
September 1, 19 83.
2. Department of Administrative Services
Ms. Sarah N. Richardson, Lecturer in Administrative
Services, at a salary rate of $3,000 for 100% time from
March 21 through May 31, 1983. Ms. Richardson replaced
Mr. Charles Logan who was on sick leave.
3. Department of Agriculture
Mr. David A. Gazda, B.S.A. (University of Georgia),
Beef Farm Manager at a salary rate of $14,290 for 100%
time for twelve months, effective June 1, 1983.
Ms. Shawn M. Smock, 24, B.S. (Texas A&M University)
Dairy Farm Manager, Department of Agriculture, at a
salary rate of $14,290 for 100% time for twelve months,
effective June 14, 1983.
4. .Department of Art
Ms. Lisa R. Bixenstine, 28, M.A. (Ohio State University),
Instructor in Art at a salary rate of $18,000 for 100%
time for nine months, effective September 1, 1983.
Ms. -Margaret Rosaire Lazzari, Instructor in Art at a
salary rate of $20,000 for 100% time for nine months,
effective September 1, 1983. Ms. Lazzari will be teaching
for Mr. Reeseman Kennedy and Ms. Mary McCleary who will
be on half-time leave.
5. Department of Biology
Dr. Don Alan Hay, 34, Ph.D. (University of North Dakota),
Associate Professor of Biology, at a salary rate of
$26,500 for 100% time for nine months, effective September
1, 1983.
6. Department of Computer Science
Dr. Orlynn F. Evans 47, Ph.D. (Purdue University),
Assistant Professor of Computer Science at a salary
rate of $27 f 00 0 for 100% time for nine months, effective
September 1, 19 83.
Mr. Regan Lee Rayburn, 32, M.S. (Colorado State
University), Assistant Instructor of Computer Science
at a salary rate of $19,000 for 100% time for nine
months, effective September 1, 1983.
Mr. Richard Martin Reese, 30, M.S. (Stephen F. Austin
State University), Assistant Professor of Computer
Science at a salary rate of $30,000 for 100% time for
nine months, effective September 1, 1983. Mr. Reese
is an August, 1983, candidate for the Ph.D. in Computer
Science at Texas A&M University. Contingent upon
completion and receipt of the Ph.D. degree by September
1, 1983.
Mr. Yawshing Huang, 34, M.S. (Stephen P. Austin State
University), Assistant Instructor in Computer Science
at a salary rate of $18,000 for 100% time for nine
months, effective September 1, 1983.
7. Criminal Justice Program
Mr. Patrick A. Mueller, Lecturer in Criminal Justice
at a salary rate of $750 for 10% time from April 4 through
April 15, 1983. Mr. Mueller served as temporary
replacement for Dr. Russell Saunders who was injured
in an accident.
8. Department of Economics and Finance
Ms. Jeannette Allbritton Eberle, 24, M.S. (Texas A&M
University), Instructor in Economics and Finance at
a salary rate of $18,000 for 100% time for nine months,
effective September 1, 1983.
10
Mr. Paul Barron Eberlef 27, M.S. (Texas A&M University),
Instructor in Economics and Finance at a salary rate
of $18,000 for 100% time for nine months, effective
September 1, 19 83.
Dr. Stephen Louis Gardner, 46, Ph.D. (University of
Colorado) Assistant Professor of Economics and Finance
at a salary rate of $28,000 for 100% time for nine months,
effective September 1, 1983.
Department of Elementary Education
Ms,. Kristi Dixon Bills, 35, M.Ed. (Kent State University)
Instructor in Elementary Education at a salary rate
of $23,333 for .100% time for ten and one-half months
effective September 1, 1983.
Ms. Elizabeth J. Vaughan, 31, M.Ed. (Stephen F. Austin
State University), Assistant Professor of Elementary
Education at a salary rate of $21,000 for 100%
for nine months, effective September 1, 1983.
upon having Ph.D. degree in hand by September li
10. Department of English and Philosphy
time
Contingent
, 1983.
Ms. Beth E. H. Medrano, Lecturer in English at a salary
rate of $1,628 for 25% time for the Spring Semester,
1963 only.
11. School of Forestry
Mr. Steven Rey Tracy, 33, B.S. (Stephen F. Austin State
University), Manager, Academic Support Service in
Forestry, at a salary rate of $15,038 for 100% time
for twelve months, effective June 15, 1983.
12. Department of Geology
Dr. R., LaRell Nielson, Ph.D. (University of Utah),
Assistant Professor of Geology at a salary rate of $22,500
for 100% time for nine months, effective September 1,
1983.
13. Department of History
Dr. Scott L. Bills, 34, Ph.D. (Kent State University),
Assistant Professor of History at a salary rate of $19,000
for 100% time for nine months, effective September 1,
1983.
11
14. Department of Home Economics
Ms. Donna Couchenour, 32, M.S. (West Virginia University),
Assistant Professor of Home Economics at a salary rate
of $20,000 for 100% time for nine months, effective
September 1, 198 3. Ms. Couchenour is a candidate for
the Ph.D. degree from Ohio State University and this
appointment is contingent upon her having the degree
in hand by September 1, 1983.
15. Department of Management and Marketing
Dr. Gary Michael Epping, 39, Ph.D. (University of
Arkansas), Assistant Professor in Management at a salary
rate of $27,000 for 100% time for nine months, effective
September 1, 198 3.
Ms. Carolyn Spurrier, Instructor in Management at a
salary rate of $15,600 for 100% time for nine months,
effective September 1, 1983.
Ms. Lone Wittliff, Instructor in Management at a salary
rate of $16,024 for 100% time for nine months, effective
September 1, 198 3.
16. Department of Music
Mr. Tim R. King, M.M. (Texas Tech University), Assistant
Professor of Music at a salary rate of $21,500 for 100%
time for nine months, effective September 1, 1983.
Dr. Andrew J. Parr, 31, M.M.A. (Yale University),
Assistant Professor of Music at a salary rate of $21,500
for 100% time for nine months, effective September 1,
1983. Dr. Parr's appointment is contingent upon receipt
of an updated transcript showing completion of all
requirements for the D.M.A. degree from Yale University.
However, according to Yale tradition, the degree will
not be conferred until Dr. Parr has completed a three-year
waiting period.
17. Department of Physics
Dr. James Bruce Rafert, 33, Ph.D. (University of Florida),
Assistant Professor of Physics, at a salary rate of
$24,000 for 100% time for nine months, effective September
1, 1983.
18._ Social Work Program
Dr. Kathryne G. Kolar, 34, D.S.W. (Tulane University),
Associate Professor of Social Work and Director, Social
Work Program, at a salary rate of $30,000 for 100% time
for eleven months, effective September 1, 1983.
12
19. Department of Sociology
Dr. Robert Frank Szafran, 33, Ph.D. (University of
Wisonsin-Madison), Assistant Professor of Sociology
at a salary rate cf $20,000 for 100% time for nine
months, effective September 1, 1983.
20. University Affairs
Ms. Mary Smith, Police Officer II, at a salary rate
of $15,284 for twelve months, effective May 30, 1983.
21. Department of Psychology
Mr. David Neufeldt, 29, M.S. (Emporia State University),
Assistant Professor of Psychology at a salary rate of
$18,500 for nine months, effective September 1, 1983.
83-124
Upon motion of Regent Garner, seconded by Regent Murphy,
with all members voting aye, it was ordered that the following
changes in status be approved:
1. Department of Biology
Dr. Harry S. McDonald, Professor of Biology, from a
salary rate of $33,723 for 100% time to a salary rate
of $34,123 for 100% time for the Spring Semester, 1983.
Dr. McDonald taught an overload due to the illness of
Dr. Russell Faulkner.
Dr. Wayne G. Slagle, Associate Professor of Biology,
from a salary rate of $13,513 for 50% time to a salary
rate of $13,913 for 50% time for the Spring Semester,
1983. Dr. Slagle■taught an overload due to the illness
of Dr. Russell Faulkner. •
Ms. Doreen F. Stockwell, from Placement Office Coordinator
to Biology Storeroom Supervisor at a salary rate of
$11,128, effective June L, 1983.
2. Department of - Communication
Dr. Robert Ramsey,from Assoc. Professor of Communication
and Department Chairman to Associate Professor of
Communication at a salary rate of $31,774 for 100%
time for nine months, effective September 1, 1983.
Dr. Michael Roach, from Associate Professor of
Communication to Associate Professor and Interim Chairman
of Department of Communication at a salary rate of $40,782
for 100% time for eleven months, effective September
1, 1983.
13
3 o Department of Geology
Dr. Jerry Vincent, from Professor of Geology to Professor
of Geology and Interim Chairman of the Department of
Geology at a salary rate of $39,584 for 100% time for
eleven months, effective September 1, 1983.
4. Department of Management and Marketing
Dr. Mildred G. Pryor, from Professor of Management and
Chairman of the Department of Management and Marketing
to Professor of Management at a salary rate of $36,671
for 100% time for nine months, effective September 1,
19 8 3.
Dr. Bobby Bizzell, Professor of Management, to Professor
and Interim Chairman of the Department of Management
and Marketing, at a salary rate of $43,251 for 100%
time for eleven months, effective June 7, 1983.
5. Department of Physics
Mr. Terry M. Carlton, from Lecturer of Physics at c
salary rate of $20,000 for 90% time to Instructor of
Physics at a salary rate of $20,000 for 100% time,
effective March 31, 1983. This change was necessary
to reflect the full twelve-hour load that Mr. Carlton
taught.
6. School of Sciences and Mathematics
Dr. Harry P. Hoge, from Professor of Geology and Chairman
of the Department of Geology to Professor of Geology
and Dean of the School of Sciences and Mathematics at
a salary rate of $51,600. for 100% time for twelve months,
effective September 1, 1983.
7. Administrative and Fiscal Affairs
Ms. Gloria J. Royal, from Administrative Secretary I
in the Computer Center at a salary rate of $11,305.00
to Payroll Assistant, effective July 1, 1983. There
is no change in salary.
83-125
Upon motion of Regent Simpson, seconded by Regent Cullum,
with all members voting aye, it was ordered that the following
resignations be accepted:
14
1. Department of Accounting
Dr. Carolyn T. Conn, Assistant Professor of Accounting,
effective August 31, 1983.
2. Department of Agriculture
Mr. William Franklin Johnson, Dairy Farm Manager,
effective May 9, 1983
3. School of Forestry
Mr, David Al Richardson, Manager, Academic Support
Services in Forestry, effective June 17, 1983.
4. Department of Health and Physical Education
Mr. Thomas Roy Pate, Assistant Basketball Coach and
Instructor in Health and Physical Education, effective
June 30, 1983.
5. Department of Music
Mr. Kurt A. Gilman, Instructor in Music, effective May
31, 1983.
6. Division of Nursing
Ms. Carol Ann Phillips, Instructor in Nursing, effective
July 15, 1983.
Ms. Alice K. Scales, Assistant Professor in Nursing,
effective May 31, 1983.
7. Department of Physics
Mr. Michael F. Hibbs, Instructor in Physics, effective
May 14, 1983.
8. Administrative and Fiscal Affairs
Ms. Bennie. D. Fryman, Accounting Clerk II, effective
May 31, 1983.
Ms. Linda C. Hallam, Assistant Buyer, effective May
6, 1983.
9. University Affairs
Ms. Kelly Barnes, Intramural Supervisor, effective May
31, 1983.
Mr. Robert A. Caudle, Assistant Cafeteria Manager,
effective June 30, 1983.
15
83-126
Upon motion of Regent Garner, seconded by Regent Bryce,
with all members voting aye, it was ordered that the following
requests for leave be granted.
1. Department of Management and Marketing
Ms, Margaret A. White, Instructor in Management, effective
from September 1, 1983 through August 31, 1984. Ms.
White will pursue a terminal degree.
2. Department of Physics
Dr. James E. Nicholson, Associate Professor of Physics,
effective May 15, 1983 through May 31, 1984. Dr.
Nicholson seeks to gain experience in industrial
applications of Physics.
3. University Affairs
Ms. Bonita Jacobs, Coordinator of Residence Life,
effective June 16, 1983 through January 1, 1984. Ms.
Jacobs has requested leave to complete course work and
residency requirements for her doctorate.
83-127
Upon motion of Regent Honea, seconded by Regent Garner,
with all members voting aye, it was ordered that the following
returns from leave be accepted:
1. Department of Management and Marketing
Dr. Mildred G. Pryor, Professor of Management, effective
June 1, 1983.
83-128
Upon motion of Regent Simpson, seconded by Regent Murphy,
with all members voting aye, it was ordered that the holiday
schedule for University employees on a twelve-month basis
be approved, as listed below.
1983
Monday, September 5
Thursday, November 2 4
Friday, November 2 5
Monday, December 2 6
Tuesday, December 27
Wednesday, December 28
Thursday, December 29
Friday, December 30
16
' 1984
Wednesday, March 14
Thursday, March 15
Friday, March 16
Friday, April 20
Friday, May 25
Wednesday, July 4
83-129
Upon motion of Regent Bryce, seconded by Regent Cullum,
with all members voting aye, it was ordered that the policy
regarding pre-employment inquiries, which follows below,
be approved.
POLICY ON EMPLOYMENT OF PERSONS WITH CRIMINAL HISTORY
No person who has been convicted within the previous ten
years of an offense that constitutes a felony shall be
employed at the University. Exceptions to this rule may
be made on the basis of two factors:
1. the immediate past employment of the applicant
or employee; and/or
2. the job relatedness of the crime.
This rule is designed to assure the safety and security
of the students, faculty, and staff and property at the
University and to comply with EEO guidelines.
For purposes of this rule, the term "offense that constitutes
a felony" shall have the same meaning as the term is used
in the Texas Penal Code.
This rule becomes effective and shall apply to all persons
applying for, or granted, employment with the University
on or after August' 1, 1983.
83-130
Upon motion of Regent Honea, seconded by Regent Murphy,
with all members voting aye, it was ordered that the last
class day enrollment report for the Spring Semester, 1983,
be approved as submitted at the meeting.
83-131
Upon motion of Regent Bryce, seconded by Regent Garner,
with all members voting aye, it was ordered that the Parking
and Traffic Regulations for 1983-84, be approved as submitted
in Appendix I of the Report to the Board of' Regents.
17
83-132
Upon motion of Regent Garner, seconded by Regent Murphy,
with all members voting aye, it was ordered that the President
be authorized to reexamine the level of competition of
Intercollegiate Athletics for men and women and to make
whatever adjustments he feels are necessary.
83-133
Upon motion of Regent Murphy, seconded by Regent Garner,
with all members voting aye, it was ordered that the following
budget adjustments for FY8 3 be approved.
Account Account,
No. Name Purpose Amount
$
1. 5615 U.C. Budget based on income
Programs generated from Programs
Office. Transfer from in
come to expense account to
offset deficit. 37,323
Source of Funds: Pledged Property Surplus
2. 5170- Music Additional travel required
9200 Activities of Lumberjack Band for trips
not anticipated when budget
was prepared. 4,000
3. 5180 University Income from tow fees trans-
Police ferred into expense account
to offset deficit. 5,592
Source of Funds: Non-Pledged Property Surplus
of Governing Boards 2,274
Source of Funds: Education and General Surplus
18
83-134 ;
Upon motion of Regent Honea, seconded by Regent Garner,
with all members voting aye, it was ordered that depository
contracts with the following financial institutions be
renewed, with the same terms as the current contracts —
Commercial National Bank, Nacogdoches, Texas
Fredonia State Bank, Nacogdoches, Texas
Stone Fort National Bank, Nacogdoches, Texas
First City National Bank, Lufkin, Texas
Republic Bank of Lufkin, Lufkin, Texas
Superior Savings Association, Nacogdoches, Texas
First Federal Savings & Loan Assoc, Nacogdoches,
Texas
Guaranty Federal Savings & Loan Association,
San Antonio, Texas,
and to authorize the University to purchase Certificates
of Deposit from the depository institutions or purchase
U. S. Treasury Bills in order to invest cash funds of the
University to the maximum benefit.
83-135
Upon motion of Regent Garner, seconded by Regent Simpson,
with all members voting aye, it was ordered that the
University's Annual Budget for the 1983-84 Fiscal Year,
with a total estimated revenue of $48,646,584 and a total
expenditure of $47,671,925, be approved as submitted under
separate cover with the following exception:
Amend Account No. 5620 (Budget Number 1004)
to read: To Be Named.
83-136
Upon motion of Regent Garner, seconded by Regent Cullum,
with all members voting aye, it was ordered that the following
persons be authorized to approve all travel reques.ts by
University employees for the biennium beginning August 31,
19 8 3 ? ~*
Dr. William R. Johnson, President
Dr. Edwin W. Gaston, Jr., Vice President for Academic
Affairs
Mr. Don L. Henry, Vice President for Administrative
and Fiscal Affairs
Dr. Baker Pattillo, Vice President for University
Affairs,
19
and the following person be authorized to approve all travel
by the members of the Board of Regents -
Mr. Don L. Henry, Secretary to the Board,
for the biennium beginning September 1, 19 83.
83-137
Upon motion of Regent Garner, seconded by Regent Cuilum,
with all members voting aye, it was ordered that the following
persons be authorized to sign any and all vouchers and checks
for the biennium beginning September i, 19 83, -
Dr. William R. Johnson, President
Mr. Don L. Henry, Vice President for
Administrative and Fiscal Affairs
Mr. Otto J. Ehrlich, Comptroller
Mr. David D. Stanley, Business Manager
and that the following persons be authorized to sign vouchers
for the purchase of library books and other holdings for
the biennium beginning September 1, 1983,
Mr. Al Cage, Director of Libraries
Mr. Lee Sullenger, Associate Library Director
Ms. Peggy Gibson, Accounting Assistant
Ms. Bernice Wright, Librarian II
Mr. Peggy Wedgeworth, Associate Library Director
83-138
Upon motion of Regent Simpson, seconded by Regent Murphy,
with all members voting aye, it was ordered that an allowance
of $25.00 per employee be' provided to purchase service award
pins and certificates to various employees. It is estimated
that there will be 455 awards for the first year, at a cost
of $11,375.00.
Source of Funds: Education and General - $7,600.00
Auxiliary Enterprise Surplus - $3,775.00
83-139
Upon motion of Regent Garner, seconded by Regent Bryce,
with all members voting aye, it was ordered that the student
service fee be increased $20.00 for the fall and spring
semesters and $10.00 for each summer term, which would make
a total fee for the fall or spring semester of $80.00 and
$40.00 total for each summer term.
20
83-140
Upon motion of Regent Garner, seconded by Regent Bryce
wirh all members voting aye, it was ordered that the contract
wxch J E. Kmgham Construction Company, Incorporated,
Nacogdoches, Texas, in the amount of $ 464,620.00, for the
construction of Motor Pool Building, be ratified and entered
into the minutes. See page 3_Q for contract.
83-141
Upon motion of Regent Cullum, seconded by Regent Murphy,
with all members voting aye, it was ordered that the low
ck .OJL $3n1'427-00 from Nacogdoches Air Conditioning and
HoSse be raati Nacogdoches' Texas, to air condition the Field
83-142
Upon motion of Regent Honea, seconded by Regent Garner,
W1Ju tl members voting aye, it was ordered that the contract
with Thomas & Thompson Construction Company, Lufkin, Texas,
in the amount of $84,400 for Roofing and Repairs on the
Boynton Building and Masonry Repairs on the Science Building,
be ratified. See page 49 for contract. '
Source of Funds: Education and General
83-143
Upon motion of Regent Garner, seconded by Regent Cullum,
with all members voting aye, it was ordered thet the
University be authorized to request bids and award a contract,
subject to ..the approval of the Chairman of the Board, for
re-roofing the Science Building.
Source of Funds: Ad Valorem Tax Funds
83-144
Upon motion of Regent Cullum, seconded by Regent Honea,
with all members voting aye, it was ordered that Change
Order No. 4 on the instructional facility for the School
of Science and Mathematics be approved and the Chairman
or the Board be authorized to sign the Change Order.
(See page 27 for Change Order).
21
83-145
Upon motion of Regent Bryce, seconded by Regent Garner,
with all members voting aye, the President was authorized
to issue a purchase order to the low bidder for supplementary
air conditioning in the Health Clinic, with the approval
of the Chairman of the Board.
83-146
Upon motion of Regent Garner, seconded by Regent Bryce,
with all members voting ayef it was ordered that Change
Order No. 3 on the Chemistry Building Refrigeration Machine
Project, in the amount of $4,795.55, be approved and the
Chairman of the Board be authorized to sign the Change Order.
See page 28 for Change Order.
83-147
Upon motion of Regent Garner, seconded by Regent Bryce,
with all members voting aye, it was ordered that Change
Order No. 1 on the Dorms 9 and 12 Renovations Project, in
the amount of $7,360.00, be approved and the Chairman of
the Board be authorized to sign the Change Order. See page
29 for Change Order.
83-148
Upon motion of Regent Garner, seconded by Regent Bryce,
with all members voting aye, it was ordered that the gift
of a 52-foot houseboat, offered to the School of Forestry,
by Contractor's Supplies, Incorporated, and Mr. Arthur Temple,
III, be accepted.
83-149
Upon motion of Regent Garner, seconded by Regent Murphy,
with all members voting aye, it was ordered that the
Resolution of Appreciation to R. E. Samuel, Jr., be approved
as follows: (See following page).
22
BOARD OF REGENTS
OF
STEPHEN F. AUSTIN STATE UNIVERSITY
Nacogdocheg, Texas 75962
July 25, 1983
RESOLUTION OF APPRECIATION
WHEREAS, R. E. Samuel, Jr. established a successful career in agriculture and busineu
in MadLsonville;
WHEREAS, in 1978, Mr. Samuel wai appointed to the Board of Regents of Stephen F.
Austin State University;
WHEREAS, as a Regent, Mr. Samurl provided dedicaLed service, including that of
membership on the Academic and Student Affairs and the Building-and-Facilities-Namlng Committee*
of the Board;
WHEREAS, Mr. Samuel's terra of membership on the Board has expired;
NOW THEREFORE BE IT RESOLVED by the Board of Regenu of Stephen F. Austin
State University, in meeting assembled this twenty-fifth day of July 1983, that appreciation be ejcprrsa«d
to Mr. Samuel for his loyalty and service to the University and that best wishes be extended to him Ln all
of his activities; and
BE IT FURTHER RESOLVED that a copy of this resolution be spread upon the minute*
of this meeting and that a copy be presented to Mr. Samuel.
THE BOARD OF REGENTS, STEPHEN F. AUSTIN STATE UNIVERSITY
Ted Bowen, Chairman Homer Bryce
Fletcher Gamer, Vice Chairman Mrs. George P. Cullura, Jr.
Luke S. Honea
Larry Jack»OD
Glenn Justice
Willia B. Murphy
Don L. Henry. Secretary to the Board Phil Simpson
23
83-150
Upon motion of Regent Bryce, seconded by Regent Honea, with
all members voting ayer it was ordered that the Resolution
of Appreciation to Walter C. Todd be approved as follows: (See
following page).
24
BOARD OFRKGENTS
OF . "
STEPHEN F. AUSTIN STATE UNIVERSITY
Nacogdochea, T<xa* 75962
July 25, )98.1
RESOLUTION OF APPRECIATION
WHEREAS, Waller C. Todd di8iingui«hed himself an a student and athlete at Stephen F.
Austin Stale Teachers College, now Slate University, ^adunting in )O4]:
WHEREAS, Mr. Todd established succe**ful business ventures in Dallas tnd elsewher*
but retained en abiding intercut in his alma mater, assisting among other contribution* in the organot-lion
of an alumni chapter in Dallas and establishing, in memory' of his late brother Ralph, an annual
award to an outstanding athlete at SFASU;
WHEREAS, in 1969, Mr. Todd was appointed to the original Board of Regents of
SFASU and then served fourteen years on the Board;
WHEREAS, in 1974, Mr. Todd was elected to succeed the late R. E. McGee aj Chairman
of the Board, serving in that capacity until April 1977;
WHEREAS, as a Board member and Chairman of the Board, Mr. Todd provided
outstanding leadership and service; and
WHEREAS, Mr. Todd's term of membership on the Board has expired;
NOW THEREFORE BE IT RESOLVED by the Board of Regents of Stephen F. Austin
Slat.- University, in meeting assembled this twenty-fifth day of July 1983, that appreciation be expressed
to Mr. Todd for his loyalty and service to the University and that best wiahes be extended to him in all of
his activities; and
BE IT FURTHER RESOLVED that a copy of this resolution be spread upon the minute*
of this meeting and that a copy be presented to Mr. Todd.
THE BOARD OF REGENTS, STEPHEN F. AUSTIN STATE UNIVERSITY
Ted Bowen, Chairman Homer Bryce
Fletcher Gamer, Vice Chairman Mrs. George P. CulJura. Jr."
All*8t; Luke S. Honea
Larry Jackson
Glenn Justice
Willia B. Murphy
D*n L. Henry. Secretary to the Board Phil Simpson
25
83-151
Upon motion of Regent Cullum, seconded by Regent Garnerf
with all members voting aye, it was ordered that the
Resolution of Appreciation to Mrs. Tom Wright be approved
as follows: (See following page)
Meeting adjourned at 11:45 a.m.
26
BOARD OF RECANTS
OF
STEPHEN F. AUSTIN STATE UNIVERSITY
Nacogdoches, T.xms 75962
July 25, I9H3
RESOLUTION OF APPRECIATION
WHEREAS, Mr*. Tom Wright, then Peggy Wedgeworth, distinguished herself as a music
student at Stephen F. Austin State Teachers College, now State University, graduating in 1944;
WHEREAS, following her graduation and through the yean, Mrs. Wright and her family
loyally and selflessly supported the University, providing leadership and funds, part of which now sup
port the annual Wedgeworth lectures;
WHEREAS, in January of 1974, Mrs. Wright was appointed to the SFASU Board of
Regents to fill the unexplred term of the laLe Dougla* Bergman and then was reappointed in January
1977 to a full term;
WHEREAS, aj a Board member, Mrs. Wright served on such committees as Academic
and Student Affairs, the Executive, the Finance, and the Building-naming, biinging to the work of each
committee, as well as to the full Board, dedication and energy and resourcefulness;
WHEREAS, In April 1980, Mrs. Wright was elected Chairman of the Board and then re-elected
in April 1981; '. ,
WHEREAS, as Chairman, she provided even more distinguished leadership; and
WHEREAS, in April 1983, Mrs. Wright's terra of membership on the Board expired;
NOW THEREFORE BE IT RESOLVED by the Board of Regent* of Stephen F. Austin
Stale University in meeting assembled this twenty-fifth day of July 1983, that appreciation be expressed
U) Mrs. Wright for her service as a Regent and as Chairman of the Board and that beat wishes be extend-ed
to her In all of her activies; and
BE IT FURTHER RESOLVED that a copy of this resolution be spread upon the minute*
of this meeting and that a copy be pre&eDled to Mrs. Wright.
THE BOARD OF REGENTS, STEPHEN F. AUSTIN STATE UNIVERSITY
Ted Bowen, Chairman Homer Brvce
Fletcher Garner, Vice Chairman Mrs. George P. Cullum, Jr.
Attest: Luke S. Honea
Larry Jackson
Glenn Justice
Willia B. Murphy
Don L. Henry, Secretary to the Board Phil Simpson
INSTRUCTED TO MAKE THE FOLLOWING
28
*• Distribution to:
ORDER
AIA DOCUMENT G701
PROJECT: Chemistry Bldg. Refrigeration Machine CHANGE ORDER NUMBER: 3
(name, address) Stephen F. Austin State University
INITIATION DATE: July 19, 1983
TO (Contractor):
|— —| ARCHITECT'S PROJECT NO: 82108.00
Sumners, Inc. CONTRACT FOR: Chemistry Bldg. Ref.
P. 0. Box 218 Machine, Stephen F. Austin State Univ.
Lufkin, TX 75901
L _J CONTRACT DATE: January 25, 1983
You are directed to make the following changes in this Contract:
1. Purchase and install 2-4" and 3-6" valves which either $1,043.78
leaked or would not operate properly. These valves had
been scheduled to be re-used.
2. Purchase and install Armaflex (cellular rubber) insulation 1,303.44
for pipe at vault wall in order to provide added protection
against soil heaving.
3. Provide sand backfill for a portion of outside ditching in 1,515.00
order to be able to obtain compaction without a lengthy
drying out period after hard rains.
4. Purchase 45 KVA transformer to replace transformer previously 933.33
scheduled to be furnished by Owner. Owner transformer no
longer available.
$4,795.55
Noi Wihd uniil Hgned by both lhe Ouner jnri Archhect.
* oi ihe Contr.iclur indicates his agreement heiewith, including riny adjustment in the Contract Sum or Contract Time.
The original (Contract Sum) ((Saxscan^K^^^cxKMxruOcK^ was .. $ 296,280.00
Net change by previously authorized Change Orders $ 18,862.00
The (Contract Sum) (<8iQrai^KtfX£tt#«i^X2^ prior to this Change Order was $ 315,142 . 00
The (Contract Sum) (S&X^X^Xttxtt^KXgSH) will be (increased) 1*K%e^¥8jXiESKeasSg^
by this Change Order $ 4 795.55
The new (Contract Sum) (fixxMXteeri*^ ... $ 319,937.55
The Contract Time will be (aaxDesxxteXcieoceafiKcb (unchanged) by ( 0 ) Days.
The Date of Substantial Completion as of the date of this Change Order therefore is August 15, 1983
FRIBERG ALEXANDER MALONEY Authorized:
GIPSON WEIR INC. SUMNERS, INC. STEPHEN F. AUSTIN STATE UNIV.
PMC^1T^x 2080 CO'¥.RAS!0|ox 218 Na^oches, TX 75962
Address • Address Address
Fort Worth, TX 76113 Lufkin, TX 75901
ry (OM»J/ ^\W^j^- rv (JTJUU^uJuK )L<Astv*^ by
date July 19, 1983 \J\J date 7-£o-fr.3 date
AIA DOCUMENT G701 • CHANGE ORDF.R • APRIL 197H EDITION • AIA® • © 1978
THE AMERICAN INSTITUTE OF ARCHITECTS, 17J5 NEW YORK AVE., N.W.. WASHINGTON, D.C. 20006 G701 —1978
CHANGE
ORDER
AlA DOCUMENT G701
29
Distribution to:
OWNER
ARCHITECT
CONTRACTOR
HELD
OTHER
D
□
□
PROJECT: DORMITORIES 9 & 12 REPAIRS - CHANGE ORDER NUMBER: 1
(name, address) Stephen F. Austin State University
TO (Contractor):
INITIATION DATE: 7/26/83
T, G. Evaris Company
P.O. Box 763
Nacogdoches, Texas 75961
—j ARCHITECT'S PROJECT NO: 4406
CONTRACT FOR: General Contract
^J CONTRACT DATE: 4/26/83
You are directed to make the following changes in this Contract:
At mechanical enclosure for chilliers, raze present masonry walls.
Replace walls after installation of new chillers.
Add $7,360.00
Not valid until signed by both the Owner and Architect.
Signature of the Contractor indicates his agreement herewith, including any adjustment in the Contract Sum or Contract Time.
The original (Contract Sum) (Guaranteed Maximum Cost) was $' 337, 025.00
Net change by previously authorized Change Orders . . . $ 0
The (Contract Sum) (Guaranteed Maximum Coot) prior to this Change Order was $ 337 Q25 00
The (Contract Sum) (Guaranteed Maximum Cost) will be (increased) (decreased) (unchanged)
by this Change Order ;■ $ 7,360.00
The new (Contract Sum) (Guaranteed Maximum Coot) including this Change Order will be ... $ 343,385.00
The Contract Time will be (increased) (decreased) (unchanged) by
The Date of Substantial Completion as of the date of this Change Order therefore is
) Days.
Kent-Mar sellos-Scott
ARCHITECT
P. O. Box 2309
Address
Lufkin. Texas 75901
T. G. Evans Company
CONTRACTOR
P.O. Box 763
Address
Nacogdoches. Texas 75961
Authorized: ^
Stephen F. Austin State Univ-
». Box 6108
ersity
Address
Nacogdoches, Texas 75961
AlA DOCUMENT C701 • CHANGE ORDER • APRLL 1978 EDITION • AlA® • © 1978
THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YCJRK AVE., N.W.. WASHINGTON, D.C 20006 G701—1978
30
CONTRACT
MOTOR POOL BUILDING
J. E. KINGHAM CONSTRUCTION CO., INC.
P. 0. BOX 632
NACOGDOCHES, TEXAS 75961
31
AGREEMENT BETWEEN OWNER AND CONTRACTOR
THE STATE OF TEXAS
*
KNOW ALL MEN BY THESE PRESENTS
COUNTY OF NACOGDOCHES
AGREEMENT
Made as of the Twelfth . day of May in the year of Nineteen Hundred and
Eighty Three
BETWEEN THE OWNER: STEPHEN F. AUSTIN STATE UNIVERSITY,
NACOGDOCHES, TEXAS 75962, acting herein
through its Chairman
AND THE CONTRACTOR: J. E. KINGHAM CONSTRUCTION CO ., INC.
P.O. BOX 632
NACOGDOCHES, TEXAS 75961
THE PROJECT: MOTOR POOL BUILDING
STEPHEN F . AUSTIN STATE UNIVERSITY
NACOGDOCHES, TEXAS
THE ARCHITECT: KENT-MARSELLOS-SCOTT,
ARCHITECTS-ENGINEERS
P.O. BOX 2309
LUFKIN, TEXAS 75901
The Owner and the Contractor agree as set forth below:
32
ARTICLE 1
THE CONTRACT DOCUMENTS
The Contract Documents consist of this Agreement, the Conditions of the Contract
(General, Supplementary and other Conditions), the Drawings, the Specifications,
all Addenda issued prior to and all Modifications issued after execution of this
Agreement. These form the Contract, and all are as fully a part of the Contract
as if attached to this Agreement or repeated herein. An enumeration of the
Contract Documents appears in Article 7.
ARTICLE 2
THE WORK
The Contractor shall perform all the Work required by the Contract Documents
for MOTOR POOL BUILDING
STEPHEN F. AUSTIN STATE UNIVERSITY
NACOGDOCHES, TEXAS
ARTICLE 3
TIME OF COMMENCEMENT AND SUBSTANTIAL COMPLETION
The Work to be performed under this Contract shall be commenced on or before
a date to be specified in a written "Notice to Proceed" by the Owner and,
subject to authorized adjustments, Substantial Completion shall be achieved not
later than 210 calendar days thereafter .
-2-
33
The Contractor further agrees to pay as liquidated damages the sum of
TWO HUNDRED DOLLARS AND NO/100 ($200.00) per day for each consecutive
calendar day thereafter the work remains unfinished as specified in Paragraph
1.41 of "Supplementary Conditions" and in "Proposal" .
ARTICLE 4
CONTRACT SUM
The Owner shall pay the Contractor in current funds for the performance
of the Work, subject to additions and deductions by Change Order as provided
in the Contract Documents, the Contract Sum of FOUR HUNDRED SIXTY FOUR
THOUSAND SIX HUNDRED TWENTY AND NO/100 DOLLARS ($464,620.0 0)'
out of funds available to the Owner for expenditure for the use and benefit
of Stephen F. Austin State University from funds provided by Ad Velorum
Tax Funds
The Contract Sum is determined as follows:
BASE BID $503,853.00
Alternate #3 - 5,610.00
Alternate #6 - 8,300.00
Alternate #7 - 2,000.00
Alternate #9 - 19.927.00
Alternate #10 - 9,096.00
Alternate #12 + 30,000.00
Alternate #14 - 4,000.00
-3-
34
The Contract Sum is determined as follows: (Continued)
Alternate #15 - 8,300.00
Alternate #16 - 12,000.00
Contract Price $464,620.00
ALTERNATE #14: In Metal Building Roof and Sidewalls use 1-1/2"
insulation of the same kind specified instead of 4" . Deduct $4,000.00.
ALTERNATE #15: Omit injected lime stabilization under building.
Deduct $8,300.00
ALTERNATE #16: Omit lime stabilization under paving.
Deduct $12,000.00
-3A-
35
ARTICLE 5
PROGRESS PAYMENTS
Based upon Applications for Payment submitted to the Architect by the Contractor
and Certificates for Payment issued by the Architect, the Owner shall make
progress payments on account of the Contract Sum to the Contractor as pro
vided in the Contract Documents for the period ending the last day of the
month as follows:
Not later than Thirty days following the end of the period covered by the
Application for Payment Ninety Five percent (95%) of the portion of the Contract
Sum properly allocable to labor, materials and equipment incorporated in the
Work and Ninety Five percent (95%) of the portion of the Contract Sum properly
allocable to materials and equipment suitably stored at the site or at some other
location agreed upon in writing, for the period covered by the Application for
Payment, less the aggregate of previous payments made by the Owner; and
upon Substantial Completion of the entire Work, a sum sufficient to increase
the total payments to Ninety Five (95%) of the Contract Sum, less such amounts
as the Architect sHall determine for all incomplete Work and unsettled claims as
provided in the Contract Documents.
ARTICLE 6
FINAL PAYMENT
Final payment, constituting the entire unpaid balance of the Contract Sum,
shall be paid by the Owner to the Contractor thirty days after the Work has
been completed, the Contract fully performed, and a final Certificate for
Payment h&s been issued by the Architect. - " •
-4-
..: 36
ARTICLE 7
MISCELLANEOUS PROVISIONS
7.1 Terms used in this Agreement which are defined in the Conditions of the
Contract shall have the meanings designated in those conditions.
7.2 The Contract Documents, which constitute the entire agreement between
the Owner and the Contractor, are listed in Article 1 and, except for
Modifications issued after execution of this Agreement, are enumerated
as follows:
Drawings and Specifications entitled "MOTOR POOL BUILDING,
STEPHEN F. AUSTIN STATE UNIVERSITY, NACOGDOCHES, TEXAS"
Sheet and Section numbers as listed in Paragraph 1.1 of "Supplementary
Conditions" and the following:
1. Addendum No. 1, dated March 25, 1983, Pages 1-6
Addendum No. 2, dated.March 30, 1983, Pages 1-3
Addendum No. 3, dated April 11, 1983, Page 1, Detail Sheets 103246-08 (Butler
A-l, A-2 & 5E/25 Detail)
Addendum No. 4, dated April 14, 1983, Pages 1-3, Detail Sheet 10-7/20
Addendum No. 5, dated April 15, 1983, Page 1, Drawing Sheets 2 & Spot
Addendum No. 6, dated April 21, 1983, Page 1 Elevations
Copies of which are attached hereto are a part of this contract.
2. This contract is to cover the General Contract work, Plumbing,
Mechanical and Electric work, complete.
■' -5-
,.: 37
3. The said Drawings and each of all said Specifications and "General
Conditions" are made part of this Agreement for all intents and
purposes, provided that if anything in the said "General Conditions"
of the Contract is in conflict with this Agreement, this Agreement
shall control and govern.
4. The work called for and included in this Agreement is to be done
under the direction of the Architect above named and his determination
of the true meaning and proper construction of the Drawings and
Specifications shall be considered as final.
5. The Contractor shall pay premium for and furnish Performance
Bond and Payment Bond in amount of 100% of Contract Price;
on form to be furnished by Architect, with sureties acceptable
to the Owner, conditioned:
1.) That Contractor shall faithfully perform his Contract and
fully indemnify and save Owner harmless from all costs
and damages which may be suffered by reason of failure
to do so, and fully reimburse and repay Owner all outlay
and expense which Owner may incur in making goodany
default.
2.) That Contractor shall pay all persons who have con
tracts directly with Contractor for labor and materials
save which persons shall have a direct action against
Contractor and the surety on his bond, subject to
Owner's priority.
-6-
,: ..; 38
• ' Surety Companies shall be on approved list of U. S. Treasury
Department of "Companies holding Certificates of Authority from
the Secretary of the Treasury under the Act of Congress Approved
July 30, 1957, as Acceptable Sureties on Federal Bonds" and* within
the Underwriting limitations listed therein for any single risk.
Bond shall comply with requirements of all state laws; including
those of Article 5160 Revised Civil Statutes of Texas, 1925, as
amended by House Bill 344, Acts 56th legislature, Regular Session,
1959, effective April 27, 1959.
6. The Contractor shall effect, pay for and maintain during the
life of this Contract insurance acceptable to the Owner, conforming
to the following schedule:
a) Compensation and Employer's Liability Insurance:
As required by the laws of the State of Texas; Employer's
Liability Insurance, $500,000.00.
b) Comprehensive General Liability Insurance:
In an amount not less than $500,000.00 for injuries, including
personal injury or accidental death to any one person, and in
an amount not less than $500,000.00 on account of one occurrence;
Property Damage Insurance in an amount not less than $100,000.00.
Comprehensive Auto Liability:
Bodily Injury Liability
$250,000.00 - each person
$500,000.00 - each occurrence
Property Damage Liability . . . . '
$100,000.00 - each occurrence
-7-
39
c) Include Broad Form Property Damage Insurance. Remove
"XCU" Exclusions (Explosion, collapse, underground property
damage). Include damage to underground wiring, conduits,
piping.
d) Contractual Liability Insurance: As applicable to the
Contractor's obligations under Paragraph 4.18 of "General
Conditions11 . The Contractor shall obtain at his expense
Owner's Protective Liability Insurance Policy naming the
Owner and the Architect/Engineer as insured with the following
limits:
1. Bodily Injury
$500,000.00 (each person)
$500,000.00 (each occurrence)
2. Property Damage
$300,000.00 (each occurrence)
e) Completed Operations: Continue coverage in force for
one year after completion of work.
f) Comprehensive Catastrophic Liability Insurance (Umbrella
Liability) $1,000,000.00.
g. Before commencement of operations hereunder, Con
tractor shall furnish to the Architect, photostatic copies
of the above mentioned insurance policies, together with
a certificate from the insurance carrier that the insurance
-8-
40
will not be cancelled or permitted to lapse until fifteen
(15) days written notice of said impending cancellation
has been given to the Owner.
7. Builder!s Risk Insurance: The Owner shall provide Builder's Risk
Insurance (Fire, extended coverage, vandalism and malicious mischief)
as specified in Paragraph 1.6 of Specifications on a 100% completed value
basis in the names of the Contractor, Subcontractors, Owner and
Architect, as their interests appear.
The Owner will purchase and maintain such Steam Boiler Insurance
as may be required by the Contract Documents or by law. This insurance
shall include the interest of the Owner, the Contractor and Subcontractors
as their interests appear.
The Contractor shall complete the several portions and the whole
of the work called for under this Agreement and shall deliver said
improvements and premises, upon completion, to the Owner, free
and clear of all liens and claims for labor furnished or materials
used and other indebtedness whatsover.
8. For purposes of complying with the State of Texas Sales Tax,
the following is a division between labor and materials.
Labor _ _
Materials _
Total $ 464,620.00
-9-
41
Contractor hereby assigns to Owner any and all claims for overcharges
associated with this contract which arise under the antitrust laws of the
United States, 15U.S.C.A. Sec. 1 et sec^. (1973).
-10-
42
IN WITNESS WHEREOF, the parties of these presents have ex
ecuted this Contract in four (4) counterparts, each of which shall be deemed
an original in the year and day first above mentioned.
SEAL BOARD OF REGENTS
STEPHEN F . AUSTIN STATE UNIVERSITY
Chairman
J . E. KINGHAM CONSTRUCTION CO ., INC,
P. O. BOX 632
NACOGDOCHES . TEXAS 75961
Address
SEAL
READ AND EXAMINED:
Secretary
Board of Regents, Stephen F. Austin State University
(1) Corporation name of Owner
(2) Title of authorized official
(3) Strike out inapplicable terms. Secretary of the Owner should
attest. If Contractor is corporation, Secretary should attest.
Give proper title of each person executing Contract.
43
PERFORMANCE BOND
(To be used in Texas as required by Chapter 93 of
the Regular Session of the 56th Legislature of Texas)
THE STATE OF TEXAS
COUNTY OF NACOGDOCHES
KNOW ALL MEN BY THESE PRESENTS: l That we (j)
J. E. Kingham Construction Co. Inc.
of (2) Nacogdoches, Texas , hereinafter called
Principal and (3) United States Fidelity and Guaranty Company of
Baltimore State of Maryland
hereinafter called the Surety, are held and firmly bound into (4)
BOARD OF REGENTS, STEPHEN F, AUSTIN STATE UNIVERSITY
hereinafter called Owner, in the penal sum. of Four Hundred
Sixty-four Thousand Six Hundred Twenty & No/100 -
DOLLARS ($464,620.00 )t ^ iawful money of the United
States, to be paid in (5) Nacogdoches County, Texas ,
for the payment of which sum well and truly to be made, we bind
ourselves, our heirs, executors, administrators and successors,
jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION is such that
Whereas, the Principal entered into a certain Contract with (6)
BOARD OF REGENTS, STEPHEN F, AUSTIN STATE UNIVERSITY,
the Owner, dated the • _day of , A. D.,
19 > a coPy °f which is attached hereto and made a part hereof
for the construction of::
44
(Herein called the "Work"). ;
NOW, THEREFORE, if the Principal shall well, truly and
faithfully perform the work in accordance with the Plans, Specifications
and Contract Documents during the original term thereof, and any ex
tensions thereof which may be granted by the Owner, with or without
notice to the Surety, and, if he shall satisfy all claims and demands
incurred under such Contract, arid shall fully indemnify and save
harmless the Owner from all costs and damages which it may suffer by
reason of failure to do so, and shall reimburse and repay the Owner
all outlay and expense which the Owner may incur in making good any
default, then this obligation shall be void; otherwise to remain in full
force and effect.
NOW, THEREFORE, if the Principal shall repair any and
all defects in said work occasioned by and resulting from defects in
materials furnished by, or workmanship of the Principal in performing
the work covered by said Contract, occurring within a period of two
(2) years from the date of the Contract Completion Certificate, then
this obligation shall be null and void, otherwise to remain in full
force and effect.
PROVIDED FURTHER, That if any legal action be filed upon
this bond venue shall lie in Nacogdoches
County, State of Texas and that the said Surety, for value received
hereby stipulates and agrees that no change, extension of time,
alteration or addition to the terms of the Contract or to the work to
be performed thereunder or the Specifications accompanying the same
shall in any wise affect its obligation of this bond, and it does hereby
waive notice of any such change, extension of time, alteration or addi
tion to the terms of the Contract or to the work or to the Specifications.
PROVIDED, HOWEVER, That this bond is executed pursuant
to the provisions of Article 5160 of the Revised Civil Statutes of Texas
as amended by Acts of the 56th Legislature, 1959, and all liabilities
on this bond shall be determined in accordance with the provisions, of
said Article to the same extent as if it;were copied at length.
45
-3-
IN WITNESS WHEREOF, this instrument is executed in six
counterparts, each one of which shall be deemed an original, this the
12th day of May , A.D., 19
ATTEST:
J. E. Kinghan Construction Co. Inc.
Principal
(Principal) Secretary
SEAL
Jim Kingham, President
Witness as to Principal
Address
ATTEST:
(Surety) Secretary
United States Fidelity and Guaranty Company
fe U l
/ Attorney-in-Fact{ Joe Max Green
Witness as to Surety
Address
NOTE: Date of Bond must not be prior to date of Contract.
(1) Correct name of Contractor
(2) A Corporation, A Partnership or an Individual,
as case may be.
(3) Correct name of Surety
(4) Correct name of Owner
(5) County or Parish and State
(6) Owner
(7) If Contractor is Partnership, all partners should
execute bond.
4 6
PAYMENT BOND
(To be used in Texas as required by Chapter 93 of
the Regular Session of the 56th Legislature of Texas)
THE STATE OF' TEXAS " " ' ' - '"-'■
D -j1
COUNTY OF. NACOGDCCHES '
KNOW ALL MEN SYTHESEPRESENTS: That we
U) J.~ E. Kinqham Construction Co. inc.-
a (2) Corporation'. ■',■;, .,r ,. , ■ ,/• .■ : ■ ■ ..: u-'. r ..•
of Nacogdoches, Texas, ■ hereinafter r*iu* Principal and
'(3). United States Fidelity and Guaranty Company of
State of Baltimore, Maryland •■ hereinafter called the Surety,"
are held and firmly bound unto (4) BOARD OF REGENTS.
STEPHEN F. AUSTIN STATE UNIVERSITY -•; ' :
hereinafter called Owner, unto all persons, firms, and corpora
tions who may furnish materials for, or perform labor upon the ■
building or improvements hereinafter referred to in the penal sum
of Four Hundred Sixty-four Thousand Six Hundred Twenty & No/100
-— " " " ~ DOLLARS ($464,620.00 )
in lawful money of the. United States, to be paid in (5)
NACOGDOCHES COUNTY, TEXAS . for the payment of which sum
well and truly to be made, we bind ourselves, our heirs,
executors, .administrators and successors, jointly and severally,,
firmly by these presents. ■ ' '"
THE CONDITION OF THIS OBLIGATION is such
that "\7hereas, the Principal entered into a certain contract with
(6) BOARD OF REGENTS, STEPHEN F. AUSTIN STATE
UNIVERSITY , the Owner,
4 7
dated the ** 'l2th day of May f A. D. , 19 S3, /
a copy of which is hereto attached and made a part hereof for the
construction of: Motor'Pool Building", Stephen F. Austin State
Univer'sityVNacogddches'5 TexaT
_ ' —.■■., -K" *
' NOW'THEREFOReT tiuTcondition of this obligation is,
such that, if the ^ncipal_s_h_all_pr£mpjtly_make payment to all—^' £
claimants as defined "in'Artide 5160~Revised Civil Statutes of
Texas, .1925, .as amended by House Bill 3_44, Acts 56th Legislature7,
Regular Session, 1959, effective April 27, 1959, supplying labor
and materials in the prosecutibn_of_the.work provided for in said-'^
Contract," then this obligation shall be null and void; otherwise,
it shall remain in full force and effect...._ ... oM.f.;:'w
_ bond is made and'entered into solely for the pro- "
tectioti of all claimants supplying labor and materials in.the pro-,
secution of the work provided'for in said Contract, ;and all such 'lS
claimant's shall have a direct right of action under the bond as
provide in Article 5160, Revised Civil Statutes, 1925', as ' '
amended by House Bill 344, Acts 56th Legislature, Regular
Session, 1959* .■-■-/-.•.,: - ,- ' - '■ -■' ■'-■'• •"• ;i: - -'-'•■• y ; ^;"' ''' *"J
PROVIDED FURTHER, that'if any legal action be' '■'
filed upon this bond, venue shall lie in Nacogdoches County.
State of Texas, and that the said.Surety, for value received hereby
stipulates and agrees that no change, extension of time, alteration
or addition to the terms of the Contract or to the work to be per
formed thereunder or the Specifications accompanying the same
shall in any wise affect its obligation on this bond, and it does " "
hereby waive notice of any change, extension of time, alteration
or addition to the terms of the Contract or to the work or "to the :/ : L
Specifications.
.. ; . . . r-. .■■,.-■■ . I ••.•■•'■ : ' .'
,"■'■■ " \ J ."•'-■■'■ ' ' ■ ■ -■ ■ • ■ - ' •' ■ -- • ■
PROVIDED FURTHER, that no final settlement
between the Owner and the Contractor shall abridge the right ' '
of any beneficiary hereunder, whose claim may be unsatisfied. ,.r .....
48
IN WITNESS WHEREOF, this instrument is executed in six
counterparts, each one of which shall be deemed an original, this the
12th _day of May , A.D., 19 83.
ATTEST:
(Principal) Secretary
SEAL
Witness as to Principal
Address
ATTEST:
(Surety) Secretary
Witness as to Surety
Address
United States Fidelity and Guaranty Company
Attorne^-in-fect > Joe Max Green
NOTE: Date of Bond must not be prior to date of Contract.
(1) Correct name of Contractor
(2) A Corporation, A Partnership or an Individual,
as case may be.
(3) Correct name of Surety
(4) Correct name of Owner
(5) County or Parish and State
(6) Owner
(7) If Contractor is Partnership, all partners should
execute bond.
49
CONTRACT
ROOFING AND REPAIRS—COMPUTER SCIENCE BUILDING
MASONRY REPAIRS—SCIENCE BUILDING
THOMAS AND THOMPSON CONSTRUCTION CO., Inc.
P. O. BOX 1502
LUFKIN, TEXAS 75901
50
AGREEMENT BETWEEN OWNER AND CONTRACTOR
THE STATE OF TEXAS
KNOW ALL MEN BY THESE PRESENTS
COUNTY OF NACOGDOCHES
/
AGREEMENT
Made as of the Fifteenth day of June in the year of Nineteen Hundred and
Eighty Three
BETWEEN THE OWNER: STEPHEN F. AUSTIN STATE UNIVERSITY,
NACOGDOCHES, TEXAS 75962, acting herein
through its Chairman
AND THE CONTRACTOR: THOMAS AND THOMPSON CONSTRUCTION CO., INC ,
P.O. BOX 1502
LUFKIN, TEXAS 75901
THE PROJECT: ROOFING AND REPAIRS
COMPUTER SCIENCE BUILDING
MASONRY REPAIRS
SCIENCE BUILDING
STEPHEN F . AUSTIN STATE UNIVERSITY
NACOGDOCHES, TEXAS
THE ARCHITECT: KENT-MARSELLOS-SCOTT,
ARCHITECTS-ENGINEERS
P.O. BOX 2309
LUFKIN, TEXAS 75901
The Owner and the Contractor agree as set forth below:.
51
ARTICLE 1
THE CONTRACT DOCUMENTS
The Contract Documents consist of this Agreement, the Conditions of the Contract
(General, Supplementary and other Conditions), the Drawings, the Specifications,
all Addenda issued prior to and all Modifications issued after execution of this
Agreement. These form the Contract, and all are as fully a part of the Contract
as if attached to this Agreement or repeated herein. An enumeration of the
Contract Documents appears in Article 7.
ARTICLE 2
THE WORK
The Contractor shall perform all the Work required by the Contract Documents
for ROOFING AND REPAIRS
COMPUTER SCIENCE BUILDING
MASONRY REPAIRS
SCIENCE BUILDING
STEPHEN F. AUSTIN STATE UNIVERSITY
NACOGDOCHES, TEXAS
ARTICLE 3
TIME OF COMMENCEMENT AND SUBSTANTIAL COMPLETION
The Work to be performed under this Contract shall be commenced on or before
a date to be specified in a written "Notice to Proceed" by.the Owner and,
subject to authorized adjustments, Substantial Completion shall be achieved not
later than 60 calendar days thereafter.
-2-
52
The Contractor further agrees to pay as liquidated damages the sum of
TWO HUNDRED DOLLARS AND NO/100 ($200.00) per day for each consecutive
calendar day thereafter the work remains unfinished as specifiediin Paragraph
1.41 of "Supplementary Conditions" and in "Proposal".
ARTICLE 4
CONTRACT SUM
The Owner shall pay the Contractor in current funds for the performance
of the Work, subject to additions and deductions by Change Order as provided
in the Contract Documents, the Contract Sum of EIGHTY-FOUR THOUSAND
FOUR HUNDRED AND NO/100 DOLLARS ($84,400.00)
out of Education and General funds available to the Owner for expenditure
for the use and benefit of Stephen F. Austin State University..
The Contract Sum is determined as follows:
BASE BID $84,400.00
-3-
53
ARTICLE 5
PROGRESS PAYMENTS
Based upon Applications for Payment submitted to the Architect by the Contractor
and Certificates for Payment issued by the Architect, the Owner shall make
progress payments on account of the Contract Sum to the Contractor as pro
vided in the Contract Documents for the period ending the last day of the
month as follows:
Not later than Thirty days following the end of the period covered by the
Application for Payment Ninety Five percent (95%) of the portion of the Contract
Sum properly allocable to labor, materials and equipment incorporated in the
Work and Ninety Five percent (95%) of the portion of the Contract Sum properly
allocable to materials and equipment suitably stored at the site or at some other
location agreed upon in writing-, for the period covered by the Application for
Payment, less the aggregate of previous payments made by the Owner; and
upon Substantial Completion of the entire Work, a sum sufficient to increase
the total payments to Ninety Five (95%) of the Contract Sum, less such amounts
as the Architect shall determine for all incomplete Work and unsettled claims as
provided in the Contract Documents. . ? •■•■-•■
ARTICLE 6
FINAL PAYMENT
Final payment, constituting the entire unpaid balance of the Contract Sum,
shall be paid by the Owner to the Contractor thirty days after the Work has
been completed, the Contract fully performed, and a final Certificate for
Payment has been issued by the Architect.
-4-
54
ARTICLE 7
MISCELLANEOUS PROVISIONS
7.1 Terms used in this Agreement which are defined in the Conditions of the
Contract shall have the meanings designated in those conditions,
7.2 The Contract Documents, which constitute the entire agreement between
the Owner and the Contractor, are listed in Article 1 and, except for
Modifications issued after execution of this Agreement, are enumerated
as follows:
Drawings and Specifications entitled "ROOFING AND REPAIRS,
COMPUTER SCIENCE BUILDING - MASONRY REPAIRS, SCIENCE
BUILDING, STEPHEN F. AUSTIN STATE UNIVERSITY, NACOGDOCHES,
TEXAS"
Sheet and Section numbers as listed in Paragraph 1.1 of "Supplementary
Conditions" and the following:
1. Addendum No. 1, dated June 7, 1983, Pages 1-2
Addendum No. 2, dated June 10, 1983, Page 1, Detail 7-10/12
Copies of which are attached hereto are a part of this contract.
2. This contract is to cover the General Contract work , complete.
Paint, Plumbing, Heating, Air Conditioning and Electric
Work will be done by the Owner. ' \
-5-
55
3. The said Drawings and each of all said Specifications and "General
Conditions" are made part of this Agreement for all intents and
purposes, provided that if anything in the said "General Conditions"
of the Contract is in conflict with this Agreement, this Agreement
shall control and govern •
4. The work called for and included in this Agreement is to be done
under the direction of the Architect above named and his determination
of the true meaning and proper construction of the Drawings and
Specifications shall be considered as final.
5. The Contractor shall pay premium for and furnish Performance
Bond and Payment Bond in amount of 100% of Contract Price;
on form to be furnished by Architect, with sureties acceptable
to the Owner, conditioned:
1.) That Contractor shall faithfully perform his Contract and
fully indemnify and save Owner harmless from all costs
and damages which may be suffered by reason of failure
to do so, and fully reimburse and repay Owner all outlay x
- * ?■■"*'
and expense which Owner may incur in making good any
default.
2.) That Contractor shall pay all persons who have con
tracts directly with Contractor for labor and materials
save which persons shall have a direct action against
Contractor and the surety on his bond, subject to
Owner's priority.
-6-
56
Surety Companies shall be on approved list of U . S. Treasury
Department of "Companies holding Certificates of Authority from
the Secretary of the Treasury under the Act of Congress Approved
July 30, 1957, as Acceptable Sureties on Federal Bonds" and within
the Underwriting limitations listed therein for any single risk.
Bond shall comply with requirements of all state laws; including
those of Article 5160 Revised Civil Statutes of Texas, 1925, as
amended by House Bill 344, Acts 56th legislature, Regular Session,
1959, effective April 27, 1959.
»
6. The Contractor shall effect, pay for and maintain during the
life of this Contract insurance acceptable to the Owner, conforming
to the following schedule:
a) Compensation and Employer's Liability Insurance:
As required by the laws of the State of Texas; Employer's
Liability Insurance, $500,000.00.
b) Comprehensive General Liability Insurance:
In an amount not less than $500,000.00 for injuries, including
personal injury or accidental death to any one person, and in
an amount not less than $500,000.00 on account of one occurrence;
Property Damage Insurance in an amount not less*than $100,000.00.
Comprehensive Auto Liability:
Bodily Injury Liability
$250,000.00 - each person
$500,000.00 - each occurrence
Property Damage Liability
$100,000.00 - each occurrence
-7-
57
c) Include Broad Form Property Damage Insurance. Remove
"XCU" Exclusions (Explosion, collapse, underground property
damage). Include damage to underground wiring, conduits,
piping.
^ Contractual Liability Insurance: As applicable to the
Contractor's obligations under Paragraph 4.18 of "General
Conditions1'. The Contractor shall obtain at his expense
Owner's Protective Liability Insurance Policy naming the
Owner and the Architect/Engineer as insured with the following
limits:
1. Bodily Injury
$500,000.00 (each person)
$500,000.00 (each occurrence)
2. Property Damage
• $300,000.00 (each occurrence)
e) Completed Operations: Continue coverage in force for
one year after completion of,work.
f) Comprehensive Catastrophic Liability Insurance (Umbrella
•Liability) $1,000,000.00. . . * •
g. Before commencement of operations hereurider, Con--
tractor shall furnish to the Architect, photostatic copies
of the above mentioned insurance policies, together with
a certificate from the insurance carrier that the insurance
-8-
58
will not be cancelled or permitted to lapse until fifteen
(15) days written notice of said impending cancellation
has been given to the Owner.
7. Builder's Risk Insurance: The Owner shall provide Builder's Risk
Insurance (Fire, extended coverage, vandalism and malicious mischief)
as specified in Paragraph 1.6 of Specifications on a 100% completed value
basis in the names of the Contractor, Subcontractors, Owner and
Architect, as their interests appear.
The Owner will purchase and maintain such Steam Boiler Insurance
as may be required by the Contract Documents or by law. This insurance
shall include the interest of the Owner, the Contractor and Subcontractors
as their interests appear.
The Contractor shall complete the several portions and the whole
of the work called for under this Agreement and shall deliver said
improvements and premises, upon completion, to the Owner, free
and clear of all liens and claims for labor furnished or materials
used and other indebtedness whatsover.
8. For purposes of complying with the State of Texas Sales Tax,
the following is a division between labor and materials.
Labor 7 g £ £> c a
Materials 2. jS, && * . r $
Total $ 84,800.00
— Q —
59
Contractor hereby assigns to Owner any and all claims for overcharges
associated with this contract which arise under the antitrust laws of the
United States, 15U.S.C.A. Sec. 1 et sec^. (1973).
-10-
. , 60
IN WITNESS WHEREOF, the parties of these presents have ex
ecuted this Contract in four (4) counterparts, each of which shall be deemed
an original in the year and day first above mentioned.
SEAL BOARD OF REGENTS ', ,
STEPHEN F. AUSTIN STATE UNIVERSITY
B
Chairman
THOMAS & THOMPSON CONSTRUCTION CO ., INC.
P.O. BOX 1502
LUFKIN, TEXAS 75901
Address
SEAL
-r&
/
READ AND EXAMINED:
Secretarv
Board of Regents, Stephen F. Austin State University
(1) Corporation name of Owner
(2) Title of authorized official
(3) Strike out inapplicable terms. Secretary of the Owner should
attest. If Contractor is corporation, Secretary should attest.
Give proper title of each person executing Contract.
Bond No. 1650-21-078226 bi
PERFORMANCE BOND
(To be used in Texas as required by Chapter 93 of
the Regular Session of the 56th Legislature of Texas)
THE STATE OF TEXAS
COUNTY OF NACOGDOCHES
KNOW ALL MEN BY THESE PRESENTS: That we (j)
Thomas & Thompson Construction Co., Inc.
nf C?\ Corporation . '
01 W hereinafter called
Principal and (3) Employers Insurance of Wausau A Mutual of
Company " ___
Irving ; State of Texas
hereinafter called the Surety, are held and firmly bound into (4)
BOARD OF REGENTS, STEPHEN F. AUSTIN STATE UNIVERSITY
hereinafter called Owner, in the penal sum of Eightv-Four Thousand
Four Hundred and No/100- —
DOLLARS. ($ 84,400.00 ^ ^ lawfu] money of ^ United
States, to be paid in (5) Nacogdoches County, Texas ,
for the payment of which sum well and truly to be made, we bind
ourselves, our heirs, executors, administrators and successors,
jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION is such that
Whereas, the Principal entered into a certain Contract with (6)
BOARD OF REGENTS, STEPHEN F, AUSTIN STATE UNIVERSITY, -•
the Owner, dated the 15th _day of June , , A. D.
19_££, a copy of which is attached hereto and made a part hereof
for the construction of:: Roofing and Repairs Computer Science Building
Masonry Repairs - Science Building
62.
- 2 -
(Herein called the "Work").
NOW, THEREFORE, if the Principal shall well, truly and
faithfully perform the work in accordance with the Plans, Specifications
and Contract Documents during the original term thereof, and any ex
tensions thereof which may be granted by the Owner, with or without
notice to the Surety, and, if he shall satisfy all claims and demands
incurred under such Contract, and shall fully indemnify and save
harmless the Owner from all costs and damages which it may suffer by
reason of failure to do so, and shall reimburse and repay the Owner
all outlay and expense which the Owner may incur in making good any
default, then this obligation shall be void; otherwise to remain in full
force and effect.
NOW, THEREFORE, if the Principal shall repair any and
all defects in said work occasioned by and resulting from defects in
materials furnished by, or workmanship of the Principal in performing
the work covered by said Contract, occurring within a period of two
(2) years from the date of the Contract Completion Certificate, then
this obligation shall be null and void, otherwise to remain in full
force and effect.
PROVIDED FURTHER, That if any legal action be filed upon
this bond venue shall lie in Nacogdoches
County, State of Texas and that the said Surety, for value received
hereby stipulates and agrees that no change, extension of time,
alteration or addition to the terms*of the Contract or to the work to
be performed thereunder or the Specifications accompanying the same
shall in any wise affect its obligation of this bond, and it does hereby
waive notice of any such change, extension of time, alteration or addi
tion to the terms of the Contract or to the work or to the Specifications.
PROVIDED, HOWEVER, That this bond is executed pursuant
to the provisions of Article 5160 of the Revised Civil Statutes of Texas
as amended by Acts of the 56th Legislature, 1959, and all liabilities
on this bond shall be determined in accordance with the provisions of
said Article to the same extent as if it were copied at length.
63
-3-
1N WITNESS WHEREOF, this instrument is executed in six .
counterparts, each one of which shall be deemed an original, this the
15th day of_ June . A.D...19 83.
ATTEST:
(Principal) Secretary /
SEAL
WiWess a<G:t o PPriinici pal
P. 0. Box 1502
Lufkin, Texas 75901
Address
ATTEST:
Witness as to Surety
717 N. Harwood St.
19th Floor-Lock Box 8
Dallas, Texas 75201
Address
Thomas & Thompson Construction Co., Inc,
Principal
r^J BY
Employers Insurance of Wausau A Mutual Company
Surety
ttqrney-in-Fact
anice G. Correy
NOTE: Date of Bond must not be prior to date of Contract.
(1) Correct name of Contractor
(2) A Corporation, A Partnership or an Individual,
as case may be .
(3) Correct name of Surety
(4) Correct name of Owner
(5) County or Parish and State
(6) Owner
(7) If Contractor is Partnership, all partners should
execute bond.
Bond No. 1650-21-078226
PAYMENT BOND
(To be used in Texas as required by Chapter 93 of
the Regular Session of the 56th Legislature of Texas)
THE STATE OF TEXAS
COUNTY OF NACO3DOCKES
KNOW ALL MEN.BY THESE PRESENTS: That we
* TTiomas & Thompson Const5uction Co,, Inc.
^ Corporation
a I*/ . __
of Lufkln, Texas ' hereinafter called Principal and
Employers Insurance of Wausau
(3.) A.Mutual Company ' of Irving
State of^ hereinafter called the Surety,
are held and firmly bound unto (4) £CA?iD OF ilEGENTS,
STEPHEN F. AUSTIN STATE UNIVERSITY .
hereinafter called Owner, unto all persons, firms, and corpora
tions who may furnish materials for, or perform labor upon the
building or improvements hereinafter referred to in the penal sum
of Eighty-Four Thousand Four Hundred and No/100
[DOLLARS ($ 84,400.00 j
in lawful money of the United States, to be paid in (5)
NACOGDOCHES COUNTY, TEXAS\ for the payment of which sum
well and truly to be made, we bind ourselves, our heirs,
executors, administrators and successors, jointly and severally,
firmly by these presents.
THE CONDITION OF THIS OBLIGATION is such
that Whereas, the Principal entered into a certain contract with
(6) BQAAD OF REGENTS, STEPHEN F. AUSTIN STATE
UNIVERSITY , the Owner,
-2-
dated the 15 th day of June" ■'--~ ™ A D j-83
a copy of which is hereto attached and made a part" hereof for the
construction of: Roofing and Repairs Computer Science Building
Masonry Repairs - Science Building
NOW THEREFORE, the condition of this obligation is
such that, if the Principal shall promptly make payment to all
claimants as defined in Article 5160 Revised Civil Statutes of
Texas, 1925, as amended by House Bill 344, Acts 56th Legislature
x^egular Session, 1959, effective April 27, 1959, supplying labor
and materials in the prosecution of the work provided for in said
Contract, then this obligation shall be null and void; otherwise,
it shall remain in full force and effect. . . i
This bond is made and entered into solely £or the pro
tection of all claimants supplying labor and materials in the pro
secution of the work provided for in said Contract, and all such
claimants shall have a direct right of action under the bond as
provide in Article 5160, Revised Civil Statutes, 1925,. as
amended by House Bill 344, Acts 56th Legislature, Regular
Session, 1959. .
PROVIDED FURTHER, that if any legal action be
filed upon this bond, venue shall lie in Nacogdoches County.
State of Texas, and that the said Surety, for value received hereby
stipulates and agrees that no change, extension of time, alteration
or addition to the terms of the Contract or to the work to be per
formed thereunder or the Specifications accompanying the same
shall in any wise affect its obligation on this bond, and it does
hereby waive notice of any change, .extension of time, alteration
or addition to the terms of the Contract or to the work or to the
Specifications.
PROVIDED FURTHER, that no final settlement
between the Owner and the Contractor shall abridge the right
of any beneficiary hereunder, whose claim may be unsatisfied.
66
-3-
1N WITNESS WHEREOF, this instrument is executed in six
counterparts, each one of which shall be deemed an original, this the
15 th day of June , A.D., 19 83
ATTEST:
Thomas & Thompson Construction Co., Inc,
Principal
(Principal) Secretary /
SEAL
K- BY
l
19th Floor-Lock Box 8
Dallas, Texas 75201.
Address
Wijtntess asCtjb Principal
>T 0. Box 150Z
Lufkin, Texas 75901
Address
ATTEST:
Employers Insurance of Wausau A Mutual Company
Surety
/^ttqrney-in-Fact
Janice G. Correy
NOTE: Date of Bond must not be prior to date of Contract.
(1) Correct name of Contractor
(2) A Corporation, A Partnership or an Individual,
as case may be.
(3) Correct name of Surety
(4) Correct name of Owner
(5) County or Parish and State
(6) Owner
(7) If Contractor is Partnership, all partners should
execute bond.
67
INFORMATION
The October meeting will be held in Nacogdoches, Texas on
October 31, 1983 and November 1, 1983.
The January meeting will be held in Nacogdoches, Texas on
January 30-31, 1984.
COMMITTEE APPOINTMENTS FOR FY1983-84
Executive Committee Academic and Student Affairs
Ted Bowen, Chairman Larry Jackson, Chairman
Fletcher Garner, Vice Chairman Fletcher Garner
Glenn Justice Luke Honea
Buildings and Grounds Finance
Homer Bryce, Chairman Glenn Justice, Chairman
Kathleen Cullum Homer Bryce
Phil Simpson Willia Murphy
Naming of Buildings and Other Facilities
Fletcher Garner, Chairman
Kathleen Cullum
Glenn Justice
Larry Jackson