Minutes of Board of Regents of Stephen F. Austin State University. 1983, Volume No. 63

              Stephen F. Austin
State University
Minutes of the
Board of Regents
Nacogdoches, Texas
April 26,1983
Volume 63
INDEX
Minutes of the Meeting
Stephen F. Austin State University
Board of Regents
Held in Nacogdoches, Texas
April 26, 1983
83-71 Election of Board Chairman 1
83-72 Election of Board Vice Chairman 1
83-73 Election of Secretary to the Board i
83-74 Approval of January 25, 1983 Minutes l
83-75 1983 Summer School Faculty & Staff
Appointments -j.
83-76 1983-84 Faculty & Staff Appointments l
83-77 Faculty and Staff Appointments 1
83-78 Changes in Status 5
83-79 Resignations 6
83-80 Requests for Leave 7
83-81 Returns from Leave 8
83-82 Promotions
83-83 Tenure
83-84 Retirements
83-85 Emeritus Status Promotions 10
83-86 Regents' Professor Designations
ll'-ll IZl^l °n ?a?^ty Developmental Leaves lo
10
.., opmental Leaves
Budget Adjustments
83-89 Approval of 1983 Summer Budget 12
83-90 Authorization to Pay Hospitalization Premiums
on 9-Month Staff Employees 12
83-91 Approval of Construction Contract on Early
Childhood Lab Project i2
83-92 Approval of Early Childhood Lab Project
Budget 12
83-93 Approval of Construction Contract on Liberal
Arts Addition/Renovation Project 12
83-94 Approval of Liberal Arts Addition/Renovation
Project Budget 13
83-95 Approval of Construction Contract on Reno
vation of Forestry Lab Building Project
(1983) ,-
83-96 Approval of Budget for Renovation of Forestry
Lab Project (1983) 13
8 3-97 Approval of Construction Contract on the
fti oft * Dormit°ries 9 & 12 Repair Project (1983) 13
83-98 Approval of Budget for Dormitories 9 & 12
Repair Project (1983) 14
Page
.8 3- 99 Authority to Issue Purchase Order on
Garner Apartments Re-roofing Project 14
83-100 Approval of Construction Contract on East
College Cafeteria Repair and Renovation
Project 14
83-101 Approval of Budget on East College Cafe
teria Repair & Renovation Project 14
83-102 Authority to Issue Purchase Orders for
Coliseum Flooring, Protective Floor
»■> mo Covering, and Basketball Backstops 15
83-103 Authorization for Chairman to Sign a Con
tract on the Motor Pool Facility, to be
fli m. Ratified at the July Board Meeting 15
83-104 Approval of Preliminary Plans on Griffith
Fine Arts Building Renovation Project and
Authorization to Obtain Bids 15
83-105 Authorization to Issue Purchase Order for Con
struction of Sidewalks on the Intramural
Fields 15
83-106 Authorization to Issue Purchase Order for
Re-roofing Units 1, 2, 3, and Starr
Apartments 26
83-107 Authorization to Issue Purchase Order for
Re-paving Parking Lots 16
83-108 Authorization to Issue Purchase Order to
Low Bidder for Air Conditioning at the
Field House 16
83-109 Authorization to Issue Purchase Order to
Low Bidder for Air Conditioning at the
Health Clinic 16
83-110 Authorization to Issue Purchase Order for
o, Chiller for Clark Apartments 16
83-111 Authorization to Issue Purchase Order for
00 mo Two chillers for Dormitories 9 & 12 17
83-1X2 Approval of Change Order No. 2 - Sumners,
„, ,,. . Inc* " Installation of Chiller Project 17
83-113 Approval of Plans for Improvements to
President's House, Authority to Accept
fi, lu . ?£dsf & *ssue Purchase Orders for Repairs 17
83-114 Authorization to Purchase Ollie Bailey
Farm
83-115 Approval of Changes in Admissions Require
ments .
83-116 Resolution of Appreciation - Regent Glenn
Justice ._
83-117 Resolution of Appreciation - Dr T J
stanly * *
Contract - Snyder Const. (E.C. Lab) 25
Contract - C. Const. Co. (Lib. Arts) 44
Contract - T. G. Evans Co. (For. Lab Renov.) 57
Contract - T. G. Evans Co. (Dorms 9&12 Repairs) 77
Contract - Pineywoods Investment Co. (E.
College Cafeteria Repairs) 97
Change Order No. 2 - Sumners, Inc. (Chiller) 117
MINUTES OF THE MEETING
BOARD OF REGENTS
STEPHEN F. AUSTIN STATE UNIVERSITY
HELD IN NACOGDOCHES, TEXAS
April 26, 1983
The meeting was called to order by Mr. Glenn Justice, Chairman
of the Board of Regents, at 9:00 a.m. April 26, 1983.
REGENTS -
PRESENT:
STAFF -
PRESENT:
FACULTY -
PRESENT:
STUDENTS -
PRESENT:
Mr. Glenn Justice of Dallas
Mr. Ted Bowen of Houston
Mr. Homer Bryce of Henderson
Mrs. George Cullum, Jr. of Dallas
Mr. Fletcher Garner of Bridge City
Mr. Larry Jackson of Piano
Mr. Robert E. Samuel, Jr. of Madisonville
Mr. Walter Todd of Dallas
Mrs Tom Wright of Nacogdoches
Dr. William R. Johnson, President of the Uni
versity
Dr. Edwin Gaston, Vice President for Academic
Affairs
Dr. Baker Pattillo, Vice President for Uni
versity Affairs
Mr. Don L. Henry, Vice President for Admini
strative and Fiscal Affairs
Mr. Robert Provan, Legal Counsel
Dr. Joseph A. Devine, Chairman, Faculty Senate
Dr. T. J. Stanly, Chairman, Dept. of Agriculture
Dr. Thomas A. Quarles, Asst. Professor of Agri.
Dr. June Irwin, Professor of Health and Physical
Education
Mr. Donald R. Beason, Associate Professor of Art
Mr. Ross Crow, President of Student Government
Ms. Leah Poston, SGA V. P. for Academic Affairs
Mr. Gregg Pilgreen, SFA Chief Justice
83-71
Upon motion of Regent Bryce, seconded by Regent Todd., with
all members voting aye, it was ordered that Regent Bowen
be elected as Chairman of the Board.
83-72
Upon motion of Regent Bryce, seconded by Regent Todd, with
all members voting ayef it was ordered that Regent Garner
be elected as Vice Chairman of the Board.
83-73
Upon motion of Regent Bryce, seconded by Regent Todd, with
all members voting aye, it was ordered "hat Don L. Henry
be elected as Secretary to the Board.
83-74
Upon motion of Regent Todd, seconded by Regent Cullum, with
all members voting aye, it was ordered that the minutes
of January 25, 1983, be approved.
83-75
Upon motion of Regent Todd, seconded by Regent Wright, with
all members voting aye, it "was ordered that the 19 83 Summer
School Faculty and Staff appointments as submitted under
separate cover be approved.
83-76
Upon motion of Regent Bryce, seconded by Regent Jackson,
-with all members voting aye, it was ordered that the 1983-84
Faculty and Staff appointments (as amended 4-25-83) and
submitted under separate cover be approved.
83-77
Upon motion of Regent Todd, seconded by Regent Wright, with
all members voting aye, it was ordered that the following
individuals be employed for the positions, dates, and salaries
indicated.
1. Department of Accounting.
Mr. Jack R. Ethridge, Jr., 32, (M.B.A., Southwest Texas
State University), Assistant Professor in Accounting
at a salary rate of $28,000 for 100% time for nine months,
effective September 1, 1983.
2. Department of Administrative Services
Dr Connie M Mayer, 31, (J.D., University of Houston),
Assistant Professor in Administrative Services at a
salary rate of $22,000 for 100% time for nine months
effective September 1, 1983. MS|
Dr. Nancy J. Wilmeth, Lecturer in Administrative Services
1"\aYrat°f $4884 ^ ?5% ^ effeCti™
3. Department of Communication
Mr. Michael E. Denning, 30, Radio-TV Technician, at
a salary rate of $19,500 for 100% time for twelve months,
effective February 28, 1983.
4. Department of Computer Science
Ms Charlene Carol Peacock, 24, (M.S., Stephen F. Austin
State University), Assistant Instructor in Computer
Science, at a salary rate of $7,500 for 100% time,
effective Spring Semester, 1983 only.
Mr. Regan Lee Rayburn, 32, (M.S., Colorado State
University), Assistant Instructor in Computer Science,
at a salary rate of $6,000 for 100% time, effective
Spring Semester, 1983 only.
5. Department of Counseling and Special Educational Programs
Mr. Gilbert C. Hanke, Lecturer in Counseling and Special
Educational Programs at a salary rate of $2,250 for
1983 time' effectiVe Feb^uary 1, 1983 through May 31,
6. Department of Elementary Education
oj* SterTS- Doug.las, Green' 30' (M.Ed., Stephen F. Austin
State University), Lecturer in Elementary Education
Ms. Keira Q. Lorenz, Lecturer in Elementary Education
ILL^LT^t$4'500 for 75% tlme' effeotive Sprin9
7. Department of English and Philosophy
of S???? ?oc; Lecturer in English at a salary rate
onl time, effective Spring Semester, 1983
of"'
Ms. Annette S. Dawson, Lecturer in English at a salary
^? °fi $3'720 for 50% time' effective Spring Semester,
only.
Ms. Mary Rose Devine, Lecturer in English at a salary
1983 o°nly ^ 5°% timS' effective Spring Semester,
Ms. Susan McMath Hardy, Lecturer in English at a salary
rate of $1,500 for 25% time, effective Spring Semester;
lyoJ only.
Mr William Dale Hearell, Lecturer in English at a salary
1983 o°nly ^ 5°% ^' effective SPrin9 Semester!
Ms JoAnne C. Howard, Lecturer in English at a salary
1983 o°nly! ' ^ 25% ^' effective Spring Semester?
fify«9«fK'n ^cturer in English at a salary
! tlm8 effti si *
mefif«9«fKn nglish at a salary
1983 only! tlm8' effective sPrin9 Semester*
rJ;eoffif,nTn ?arr<f' lecturer in English at a salary
198? only! % tim€' effective Spring Semester,
Department of Management and Marketing
Itort^nft S' A?derson' Lecturer in Management and
Marketing at a salary rate of $3,153 for 50% time for
the Spring Semester, 1983 only.
AasiaSh? Rp ?'Nea1' 36' (M'B'A" Texas A&M university),
Assistant Professor in Management and Marketing at a
salary rate of $26,000 for 100% time for nine months?
Ph n VS *Se^teaLber lf 1983< If Mr« °'Neal has thi
i'?'k 1Xl hand by SePtei"ber .1, 1983, the salary rate
will be $27,000 for 100% time for nine months.
9. Department of Mathematics and Statistics
Mr James Kelly Cunningham, Lecturer in Mathematics
S%^aYrat°f $6°°° ^ ^ * Spring
Ms Julie Lynn Gaylord, Lecturer in Mathematics at a
^aJy1ateOf$4500 ^ ^ ^ ^
Mr. John Nathan Whitten, 25, (B.S., Stephen F. Austin
State University), Lecturer in Mathematics at a salary
1983 onl$3'543'75 f°r ?5% timS' effective Spring Semester,
10. Department of Music
Mr. David L. Kennedy, Lecturer in Music at a salary
rate of $1,845 for 31% time, effective Spring Semester,
1983 only.
Mr. Michael Pierce, Lecturer in Music at a salary rate
of $1,350 for 35% time, effective Spring Semester, 1983
only.
Ms. Vicki Lyn Ray, Lecturer in Music at a salary rate
of $1,500 for 15% time, effective Spring Semester, 1983
only.
11. Department of Secondary Education
Ms. Dorothy King Coleman, 51, (M.Ed., University of
Houston), Lecturer in Secondary Education at a salary
rate of $1,500 for 20% time, effective February 14 through
May 15, 1983 only.
Dr. Clyde L. Iglinsky, Lecturer in Secondary Education
ILL^LTif $1'500 for 20% time- effeotive
12. Social Work Program
Mr. James A. Armsworth, Lecturer in Social Work at a
salary rate of $1,750 for 25% time, effective Spring
Semester, 1983 only. v ^
13. University Library
Ms. Marthea Jo Turnage, Librarian I, at a salary rate
of $14,500 for 100% time for nine months, effective
January 12, 1983.
14. School of Applied Arts and Sciences
The following faculty have been appointed to teach
off-campus for the Spring Semester, 1983, at the
designated place, and for the salary indicated:
Roy Alston Humble $ 990
Mary Appleberry Humble 1,440
John Austin
Barbara Barrett
Arthur Benoy
George Blankenbeckler
Duke Brannen
Leonard A. Cheever
Timothy Clipson
Loyd Collier
Norman Cox
Ralph Eddins
Donald L. Graham
Vivian Gruber
William C. Heeney
Harold Hill
Richard Hurzeler
Jerry Irons
Mary Ella Lowe
Samir Maamary
Max Morley
Morgan Moses
Milton Payne
Douglas Prewitt
Jesse Richardson
Elvia Rodriguez
Jose Rodriguez
Stephen Smith
John Thornton
C. Richard Voigtel
John Whitt
Grady Willingham
Elkhart
Longview
Jasper
Longview
Longview
Coffield
Coffield/Beto
Coffield
Coffield
Wortham
Coffield
Longview
Longview
Humble
Coffield
Diboll
Longview
Humble
Coffield
Diboll
Trinity
Humble
Coffield/Beto
Jasper
Humble
Coffield
Longview
Longview
Longview
Tenaha
1,312
636
1,346
636
1,336
1,016
1,140
766
766
1,450
1,016
886
1,836
1,440
766
1,262
1,336
740
1,016
1,262
1,500
1,440
1,366
1,346
740
1,016
1,336
1,336
636
1,348
83-78
Upon motion of Regent Justice, seconded by Regent Cullum, with
all members voting aye, it was ordered that the following
changes in status be approved:
1. Department of Agriculture
Dr. Thomas A. Quarles, Assistant Professor of Agriculture,
to Associate Professor of Agriculture and Chairman
? ' DePartment of Agriculture, effective September
Dr. T. j. Stanly, Professor of Agriculture and Chairman
of the Department of Agriculture, to Professor of
Agriculture, effective August 31, 1983
2. Department of Art
_ McCleary, Associate Professor of Art, from
time to 50% time, effective 1983-84 academic year
Ms. McCleary has requested the half-time appointment
development? C°ntinUe ^ reSearch and for Professional
3. Department of Communication
^ R°ber\ Ramsey' Associate Professor of Communication
and Department Chairman, to Associate Professor of
Communication, effective August 31, 1983.
4. Department of Computer Science
Dr. George M. Dailey, Assistant Professor of Computer
Science, at a salary rate of $22,378 to a salary rate
of $25,000 for 100% time for nine months. Dr Dailey
successfully completed requirements for the doctoral
degree from the University of Southwestern Louisiana.
5. Graduate School
Dr David L. Jeffrey, Interim Dean of the Graduate School
and Coordinator of Grants, Contracts, and Research
Services to Associate Dean of the Graduate School and
Coordinator of Grants, Contracts, and Research Services,
effective September 1, 1983.
6. School of Sciences and Mathematics
*n* S1^? T:- Cla^ton' Dean of the School of Sciences
and Mathematics and Professor of Physics, to Dean of
Septem^rT ?* "* ^^ °f Phl
83-79
Justice' seconded by Regent Cullum,
^ ^ ^^ h
1. Department of Agriculture
Farm Mana^er' effective
-signed to accept
2. Department of Economics and Finance
Assist^t Professor of
3- Department of Music
Mav lTrYi^° MChmicdV ./nstructor of Music, effective
degree' Schmidt will pursue work on a terminal
4. University Affairs
7fi' tJS??9"^ JWee?.' PatrDl Officer' effective March
ib 1983 Ms. Tweed's husband was transferred.
Pu,stka' Dispatcher, effective January 3,
Pustka has moved to Temple.
83-80
Upon motion of Regent Bryce, seconded by Regent Wright,
with all members voting aye, it was ordered that the following
requests for leave be approved:
1. Department of Art
Mr. Reesman Kennedy, Professor of Art, effective September
1, 1983 through December 31, 1983. Mr. Kennedy has
requested leave to conduct research and for professional
development.
2. Division of Nursing
Ms. Lauren Lisbeth Heim, Assistant Professor of Nursing,
from January 12 to January 21, 1983. Ms. Heim
participated in a training session at Fort Sam Houston
to fulfill requirements of her Army Reserve status.
Mr. W. James Robertson, Assistant Professor of Nursing,
effective Fall Semester, 1983. Mr. Robertson is
TqUiecf«Vng SI extension of his leave from September
1, 1983 until December 31, 1983, in order to continue
work on a doctoral degree at Indiana University.
3. Department of Physics
Dr. James Carl Dennis, Associate Professor of Physics,
effective September 1, 1983 through May 31, 1984 Dr
Dennis will continue his post-doctoral studies in
microelectronics.
83-81
Upon motion of Regent Justice, seconded by Regent Jackson
with all members vnfinn »,,«, it was ordered that the -J??k8on'
1. Department of Art
1511 lR9e8e3S!°an Kennedy' Pr°f«ssor of Art, effective January
Associ«e Professor of Art, effective
2. Department of Chemistry
Pro£essor Chemistry, effective
3. Department of Management and Marketing
' Profess°r of Management and
°f M™^ * Marketing,
4. Department of Physics
Pr°feSSOr °f P»ysics, effective
83-82
°f RSgent T°dd' sec°nded by Regent Wright, with
l££T ifc was ordered that the fll^S
From Associate Professor to Professor:
Dr' Pa^J !Ju^dock' Department of Economics & Finance
Dr. Patsy Hallman, Department of Home Economics
Dr-David Jeffrey, Department of Counseling and
Special Educational Programs
Dr. Ronald Anderson, Department of Music
Mr. Donald R. Beason, Department of Art
Dr. James Towns, Department of Communication
Dr. Herschel Reeves, School of Forestry
Dr. Arthur Clagett, Department of Sociology
Dr. Ennis D. McCune, Department of Mathematics
and Statistics
Dr. Austin Sartin, Department of Geology
10
From Assistant Professor to Associate Professor;
Dr. Camille Price, Department of Computer Science
Dr. Lynnette Solomon, Department of Economics & Finance
., fnCY C* SPeck' Department of Management and
Marketing
Dr. Kurt Stanberry, Department of Administrative
Services
Dr. David Creech, Department of Agriculture
Dr. Thomas A. Quarles, Department of Agriculture
Mr. Mack Ramsey, Department of Home Economics
Dr. Barbara Carr, Department of English and
Philosophy
Dr. Janet Dirlam, Department of Modern Languages
Dr. Raymond Eastman, Department of Psychology
From Instructor to Assistant Professor;
Ms. Carolyn M. Price, Department of Administrative
Services
Ms. Rosemary Huff, Department of English & Philosophy
Mr. Charles Cates, Department of Chemistry
Mr. Joe Neel, Department of Mathematics and Statistics
83-83
Upon motion of Regent Justice, seconded by Regent Bryce,
with all members voting aye, it was ordered that the following
awards of tenure be approved;
Dr. John Harlan, Criminal Justice Program
Dr. Sammie Smith, Department of Accounting
Dr. Camille Price, Department of Computer Science
Dr. David Creech, Department of Agriculture
Mr. James Robertson, Division of Nursing
Dr. Norman Markworth, Department of Physics
Dr. Thomas A. Quarles, Department of Agriculture
83-84
Upon motion_of Regent Cullum, seconded by Regent Justice,
r^Vr^Lr^^ VOtl^g aye' lt WaS ordered that the following
retirements be honored;
1. Department of Health and Physical Education
Mr. Charles Simmons, Lecturer in Health and Physical
Education and former Athletic Director and Football
Coach, effective January 15, 1983.
2. Department of Music
May 31^1983 EUgenS Hal1' Professor of Music' effective
11
3. Department of Sociology
Pr°feSSOr of Sociology, effective
4. University Affairs
V mt " '" ^ HUa»ry J'Clt Inn'
5. Administrative and Fiscal Affairs
Ms. Dona Gene Blair, Accounting Clerk II, effective
nai Cfl jl; X :? 8 3 •
83-85
Upon motion of Regent Bryce, seconded by Regent Wright,
with all members voting aye, it was ordered that the followinq
promotions to Emeritus status be approved:
1. Department of Art
Dr. Creighton Hall Delaney, Ph.D., Professor Emeritus
of Art (posthumous), effective immediately.
2. Department of Agriculture
Mr. Oran Standley, M.A., Assistant Professor Emeritus
of Agriculture, effective April 26, 1983.
3. Department of History
Dr. Robert Maxwell, Ph.D., Regents Professor Emeritus,
effective April 26, 1983.
83-86
Upon motion of Regent Todd, seconded by Regent Garner, with
all members voting aye, it was ordered that Dr. June Irwin
Professor of Health and Physical Education, be designated
Regents' Professor for Teaching for academic year 1983-84,
and that Mr. Donald R. Beason, Associate Professor of Art
be designated Regents' Professor for Research for academic
year 1983~"84.
83-87
Upon motion of Regent Todd, seconded by Regent Wright, with
all members voting aye, the University Policy on Faculty
Developmental Leaves, as presented in Appendix No. 1 of
the Report, was approved.
12
83-88
°fRegent seconded by Regent Wright, with fd ^ h ^ ^
1.
Acct. No.
1406-1003
Account Name Explanation Amount
Affirmative Action Summer salary for Co-
2. 1406-1001
3. 1170
4. 1020
5. 1816
Office
Affirmative
Action Office
Registrar's Off.
Department of
Agriculture
General Con
tingency
ordinator for Handi
capped Student
Programs
Director's salary
(h time) for Sum
mer 1983
Four CRT terminals
for on-line add/
drop systems
3,157.50
5,112.00
4,650.00
Purchase of two pick
ups and repair of
another 20,230.00
SFA's pro rata share
of study conducted
by the Committee of
Governing Boards
Source of Funds
6. 5175
Source of Funds:
7. 5615 >
Education and General Surplus
May Festival Spring Arts Week
Non-pledged Property Surplus
5,135.00
7,500.00
U. C. Programs Transfer income gene
rated by U.C. Programs
into expense account
to offset deficit 32,000.00
8. 1900-9300
9. 5020
10. 5030
Stone Fort Museum Repair stairs and
install emergency
door
Intercollegiate
Athletics (Men)
Furnishings, carpet,
and twenty-five
second clock
Intercollegiate New goal posts &
Athletics (Foot- pads
ball)
Source of Funds: Pledged Property Surplus
2,500.00
21,225.00
5,279.00
13
83-89
Upon motion of Regent Todd, seconded by Regent Garner, with
all members voting aye, it was ordered that the 1983 Summer
Budget, as submitted under separate cover, be approved.
83-90
Upon motion of Regent Garner, seconded by Regent Bryce,
with all members voting aye, it was ordered that the
University be authorized to pay $22,000.00 in hospitalization
insurance premiums covering the summer months for staff
members employed on a nine-month basis.
Source of Funds: Pledged Property Surplus
83-91
Upon motion of Regent Todd, seconded by Regent Bryce, with
all members voting aye, it was ordered that the contract
with Snyder Construction Company of Troup, Texas, in the
amount of $1,356,000.00 for the construction of the Early
Childhood Laboratory Addition Project, be approved and the
Chairman of the Board be authorized to sign the contract.
(See page 25 for contract).
83-92
Upon motion of Regent Jackson, seconded by Regent Wright,
with all members voting aye, it was ordered that the budget
for the Early Childhood Laboratory Addition Project be
approved, as follows:
Construction contract
Architectural fees
Loose and movable furnishings
Administrative costs
Total
$1,356,000
94,920
20,000
30,000
$1,500,920
Source of Funds: House Bill No. 1 Appropriations
83-93
Upon motion of Regent Bryce, seconded by Regent Justice,
with all members voting aye, it was ordered that the contract
with C. Construction Company, Inc., Tyler, Texas, in the
amount of $3,200,000.00, for the construction of the Liberal
Arts Addition/Renovation Project, be approved and the Chairman
of the Board be authorized to sign the contract.
(See page 44 for contract).
14
83-94
Upon motion of Regent Jackson, seconded by Regent Cullum,
with all members voting aye, it was ordered that the budget
for the Liberal Arts Addition/Renovation Project be approved
as follows:
Construction contract $3f200,000
Architectural fees 247,270
Loose and movable furnishings 100,000
Administrative costs 30,000
Work by SFASU labor 22,815
Total $3,600,085
Source of Funds: House Bill No. 1 Appropriations
83-95
Upon motion of Regent Cullum, seconded by Regent Justice,
with all members voting aye, it was ordered that the contract
with T. G. Evans Construction Co., Nacogdoches, Texas, in
the amount of $687,176.00, for the Renovation of the Forestry
Lab Building Project (1983), be approved and the Chairman
of the Board be authorized to sign the contract.
(See page !57 for contract).
83-96
Upon motion of Regent Bryce, seconded by Regent Wright,
with all members voting aye, it was ordered that the budget
for the Renovation of the Forestry Lab Building Project
(1983) be approved as follows:
Construction contract $ 687,176
Architectural fees 67,343
Furnishings and equipment 62,000
Administrative costs 20,000
Total $ 836,519
Source of Funds: House Bill No. 1 Appropriations
83-97
Upon motion of Regent Cullum, seconded by Regent Jackson,
with all members voting aye, it was ordered that the contract
with T. G. Evans Construction Co., Nacogdoches, Texas, in
the amount of $337,025.00, for the Dormitories 9 and 12
Repair Project (1983), be approved and the Chairman of the
Board be authorized to sign the contract.
(See page 11_ for contract).
15
83-98
motion of Regent Cullum,
by Regent Jackson
Construction contract
Architectural fees
'
$ 370,728
Source of Funds: Pledged Property Surplus
83-99
b o^aerea that the bid submitted
acogdoches, Texas, in the amount
Apartments
Source of Funds: Pledged Property Surplus
83-100
97 for contract)
83-101
approved as follows: P nd Renovation Project
Construction contract
Architectural fees
Administrative costs
T°tal g 504:370
Source of Funds: Auxiliary Repair and Renovation Surplus and
Pledged Property Surplus
16
83-102
Administration be authored to iLj °rde5ed tha* the
the low bidder for the following? * purohase «d« to
for a total expenditure of $99,611.10.
Source of Funds: Pledged Property Surplus
83-103
Bryoe and Bowen coSsi?? ^i?h pres^i ^"f6'3 that
sss 'Sop?- j?"ss£-X^ir^ssr
construction oontract £**£• ra^iied^The
Source of Funds: Ad Valorem Tax Funds on Hand
83-104
preliminary plans on the Grif ith V ordered that the
Renovation Project be approved fnd (l^U ^^ k .Buildi^
authorized to proceed with finVi 5 ■ } the archj-tect be
and (2) the SinistratL k drawings and specifications
on the project. °n be authorized to obtain bids
>f Funds: House Bill No. 1 and Ad Valorem Tax Funds
83-105
by F. R. Lewis Construct7™ °rdered that the bid submitted
in the amount of $5? 023 00 for C°mpany' Nacogdoches, Texas,
on the Intramural Fieldsbe Vr t 5°nstruction of sidewalks
be authorized to issue a purchasborder **"* Administration
Source of Funds: Pledged Property Surplus
17
83-106
Upon motion of Regent Toddf seconded by Regent Wright, with
all members voting aye, it was ordered that the bid submitted
by Reneau Brothers Roofing Company, Nacogdoches, Texas,
in the amount of $96,875.00, for re-roofing Units 1, 2,
3, and Starr Apartments be accepted and the Administration
be authorized to issue a purchase order.
Source of Funds: Pledged Property Surplus
83-107
Upon motion of Regent Jackson, seconded by Regent Cullum,
with all members voting aye, it was ordered that the bid
submitted by F. R. Lewis Construction Company, Nacogdoches,
Texas, in the amount of $67,310.00 for re-paving parking
lots, be accepted and the Administration be authorized to
issue a purchase order.
Source of Funds: Pledged Property Surplus
83-108
Upon motion of Regent Garner, seconded by Regent Wright,
with all members voting aye, it was ordered that the Chairman
of the Board, or Vice Chairman, be authorized to approve
the low bid, subject to ratification at the July Board
Meeting, and that the Administration be authorized to issue
a purchase order for an air-conditioning unit for the Field
House.
Source of Funds: Pledged Property Surplus
83-109
Upon motion of Regent Garner, seconded by Regent Wright,
with all members voting aye, it was ordered that the' Chairman
of the Board, or Vice Chairman, be authorized to approve
the low bid, subject to ratification at the July Board
Meeting, and that the Administration be authorized to issue
a purchase order for an air-conditioning unit for the Health
Clinic.
Source of Funds: Pledged Property Surplus
83-110
Upon motion of Regent Bryce, seconded by Regent Garner,
with all members voting aye, it was ordered that the bid
submitted by Trane Company of Shreveport, Louisiana, in
the amount of $14,479.00 for a chiller for the Clark
Apartments be accepted and the Administration be authorized
to issue a purchase order.
Source of Funds: Pledged Property Surplus
18
83-111
Upon motion of Regent Bryce, seconded by Regent Cullum,
with all members voting aye, it was ordered that the bid
submitted by Trane Company of Shreveport, Louisiana, in
the amount of $34,991,00 for two chillers for Dormitories
9 and 12 be accepted and the Administration be authorized
to issue a purchase order.
Source of Funds: Pledged Property Surplus
83-112
Upon motion of Regent Cullum, seconded by Regent Samuels,
with all members voting aye, it was ordered that Change
Order No. 2 to add $11,312.00 to the contract with Sumners,
Incorporated, for the installation of the chiller in the
Chemistry Building contract, be approved and the Chairman
of the Board be authorized to sign the Change Order.
(See page 117 for Change Order).
Source of Funds: Ad Valorem Tax Funds on Hand
83-113
Upon motion of Regent Samuels, seconded by Regent Wright,
with all members voting aye, it was ordered that preliminary
plans for improvements at the President's home be approved
and that the administration be authorized to acccept bids
and issue purchase orders upon approval of the Chairman
of the Board of Regents.
Source of Funds: Auxiliary Enterprise Surplus
83-114
Upon motion of Regent Todd, seconded by Regent Cullum, with
all members voting aye, it was ordered that the University
be authorized to purchase that portion of the land owned
by Ollie Bailey, which he has agreed to sell, at an agreed
upon price, and that the Chairman of the Board be authorized
to sign the contract. The Administration was further
authorized to make any incidental expenditures associated
with the purchase.
Source of Funds: Ad Valorem Tax Funds
83-115
Upon motion of Regent Wright, seconded by Regent Garner,
with all members voting aye, it was ordered that, beginning
in the Fall of 1984, the admissions requirements for beginning
freshman students be increased as follows:
19
Rank in High School Class Required ACT Required SAT
Upper Half No minimum score No minimum score
(A score must be (A score must be
submitted.) submitted.)
Lower Half 20 or higher 900 or higher
20
83-J16
Upon motion of Regent Bryce, seconded by Regent Todd, with
all members voting aye, it was ordered that the Resolution
of Appreciation to Regent Justice be approved, as follows-
BOARD OF REGENTS
OF
STEPHEN F. AUSTIN STATE UNIVERSITY 21
Nacogdoches, T^xas 75962
April 26, 1983
RESOLUTION OF APPRECIATION
WHEREAS, Glenn Justice graduated in 1941 from what was then Stephen F. Austin
State College;
WHEREAS, he ultimately achieved marked success as a business and civic leader in
Dallas;
WHEREAS, in recognition of his continued interest in his alma mater, Mr. Justice was
appointed in 1973 to the Board of Regents of Stephen F. Austin State University;
WHEREAS, as a Board member, he has served with distinction as Chairman of the
Building and Grounds Committee and, during 1982-83, as Chairman of the Board itself;
WHEREAS, Mr. Justice's term as Chairman has expired;
NOW, THEREFORE, BE IT RESOLVED by the Board of Regents, in meeting
assembled April 26, 1983, that appreciation be expressed to Mr. Justice for his service as Chairman and
in other ways and that best wishes be extended for continued success in his service on the Board;
AND BE IT FURTHER RESOLVED that a copy of this resolution be spread upon the
minutes of the Board and that a copy be presented to Mr. Justice.
THE BOARD OF REGENTS, STEPHEN F. AUSTIN STATE UNIVERSITY
Ted Bowen, Chairman Homer Bjyce
Fletcher Garner, Vice Chairman Mrs. George P. Cullum, Jr.
Atte8t: Larry Jackson
R.E. Samuel, Jr.
Walter C. Todd
Don L. Henry, Secretary to the Board Mrs. Tom Wright
22
83-117
£??{! ™*ion °l Re^ent ^stice, seconded by Regent Cullum,
with all members voting aye, it was ordered that the
Resolution of Appreciation to Dr. T. J. Stanly be approved,
a.s roilows:
23
BOARD OF REGENTS
OF
STEPHEN F. AUSTIN STATE UNIVERSITY
Nacogdoches, Texas 75962
April 26, 1983
RESOLUTION OF APPRECIATION
WHEREAS, in 1969, Dr. Thomas Jackson Stanly accepted the Chairmanship of the
Department of Agriculture at Stephen F. Austin State University;
WHEREAS, Dr. Stanly brought to the position a distinguished background as
agricultural economist, university administrator, and officer in national professional societies;
WHEREAS, from 1969 to 1983, he provided outstanding leadership to agricultural
education not only at SFA, but throughout the nation, in the process attracting and maintaining an
excellent faculty, upgrading teaching and research and service activities, and substantially encouraging
student activity;
WHEREAS, Dr. Stanly has relinquished the Chairmanship in order to devote his
attention to teaching, research, and other professional activity;
NOW, THEREFORE, BE IT RESOLVED by the Board of Regents of Stephen F.
Austin State University, in meeting assembled April 26, 1983, that appreciation be expressed to
Dr. Stanly for his leadership and that best wishes be extended to him in his continued association with
the University;
AND BE IT FURTHER RESOLVED that this resolution be spread upon the
minutes of the Board and that a copy be presented to Dr. Stanly.
THE BOARD OF REGENTS, STEPHEN F. AUSTIN STATE UNIVERSITY
Ted Bowen, Chairman Homer Bryce
Fletcher Garner, Vice Chairman Mrs. George P. Cullum, Jr.
Atte8t: Larry Jackson
Glenn Justice
24
R.E. Samuel, Jr.
Walter C. Todd
l)on L. Henry, Secretary to the Board Mrs. Tom Wright
25
CONTRACT
SYNDER CONSTRUCTION COMPANY
Troup, Texas
"EARLY CHILDHOOD LABORATORY ADDITION PROJECT"
26
AGREEMENT BETWEEN OWNER AND CONTRACTOR
THE STATE OF TEXAS $
I KNOW ALL MEN BY THESE PRESENTS
COUNTY OF NACOGDOCHES I
AGREEMENT
Made as of the 26th day of APRIL 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: Snyder Construction Company, Inc.
P.O. Box 668
Troup, Texas 75789
THE PROJECT: EARLY CHILDHOOD LABORATORY ADDITION
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:
27
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 EARLY CHILDHOOD LABORATORY ADDITION
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 480 calendar days thereafter.
-2-
28
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 Conditions11 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 ONE MILLION THREE HUNDRED
FIFTY SIX THOUSAND AND NO/100 DOLLARS ($1,356,000.00)
out of Ad Valorem Tax proceeds and or special appropriation and other 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 - $1,356,000.00
-3-
29
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-
30
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 "EARLY CHILDHOOD LABORATORY
ADDITION, 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 3-3-83; Pages 1-3, Details 3S/6, 10-7/20, P10.0
(Attachment - 02601 - PAVING, Pages 1-2,
Details 3C/32; 3C/80)
Addendum No. 2, dated 3-10-83; Pages 1-5; Detail 3C/101
Addendum No. 3, dated 3-15-83; Pages 1-2
Addendum No. 4, dated 3-18-83; Page 1
Addendum No. 5, dated 3-21-83; Page 1
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-
31
3. The said Drawings and each of all said Specifications and "General
Conditions11 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 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 .
32
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 and Automobile
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.
-7-
33
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, Contractor shall
furnish to the Architect, photostatic copies of the above mentioned
insurance policies, together with a certificate from the insurance
carrier that the insurance will not be cancelled or permitted to
lapse until fifteen
r8-
34
(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 $ 502,032.00
Materials $ 853,918.00
Total $ 1, 356,000.00
-9-
35
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-
36
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
SNYDER CONSTRUCTION COMPANY, INC ,
P.O. BOX 668
TROUP, TEXAS 75789
Address
SEAL
By Q! ft
READ AND EXAMINED:
Board of Regents, Steplien F. Austin State University
Secretary
(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
(To I: e used ;n Texas as required by Ch.ipior 93 of
the K.jguLu- Session of the 56th Legislature of Texas)
THE STATE OF TKXAS
COUNTY OF NACCGDGCHES
KNOW ALL KiElN BY THESE PRESENTS: That we (j)
Snvder Construction Company. Inc., A Corporation
of (2>... Troup,. Texas hereinafter called
Principal and (3)_^ulXJnsuran_ce_Comp_anx_ of
Dallas State of Texas
hereinafter called the Surety, are held and firmly bound into (4)
BOARD_gFJ<E^gNTS_, STfcPHEN F. AUSTIN STATE UNIVERSITY
hereinafter called Owner, in the penal sum of
One Million Three Hundred Fifty Six Thousand and no/100-
DOLLARS (3_i^5££HJ2OiLO.Q ) , in lawful money of the United
States, to be paid in (5) N^cogdoches County, Texas
for the payment of which sum v.-«li and truly to be made, we bind
ourselves, our heirs, executor.-, 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 >_STEPHE>T F. AUSTIN STATE UNIVERSITY,
the Owner, dated the __26th day of April A. D..
1983_, a copy of which is attached hereto and made a part hereof
for the construction of:: Early Childhood Laboratory Addition, Stephen
F. Austin State University, Nacogdoches, Texas
38
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.
39
-3
IN WITNESS WHEREOF, this instrument is executed in six
counterparts, each one of which shall be deemed an original, this the
26th
ATTEST:
_day of April _, A.D., 1983
SEAL
(Surety) Secretary
Witness as to Surety
P. 0. Box 31300
Dallas, Texas 75231
Address
SNYDER CONSTRUCTION COMPANY. INC.
l-incipal
Harold C» Snyder - President
-
Witness as to Principal
P. 0. Box 663
Troup, Texas 757^9
Address
ATTEST:
GULF INS
Attorney-in^Fact Rudolph Norris
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.
40
PAYMENT BOND
(To be used in Texas as required by Jhapter 92 of
the Regular Session of the 56th Legislature of Texas)
THE STATE CF TEXAS
COUNTY OF_ NA COG DC CUES
KNOW ALL MEN 5Y THESE F.tESI.WTS: That we
*l^ Snyder Construction Company,
a (2) Corporation
of Troup, Texas hereinafter called Principal
(3)_Gulf Insurance Company __of__Dallas
— hereinafter called the Surety,
are held and firmly bound unto (4) I. CA.tD CF
STEFMLK F. AUSTIN STATE UNIVERSITY
hereinafter called Ovner, unto all persons, firms, and corona
tions who may furnish materials for, or perform labor upon the
building or improvements hereinafter referred to in the penal sum
of One Million Three Hundred FL
and winn
DOLLA-IS ($_la3561000A00
in lawful money of the United States, to be paid in (5)
^ £or
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 i* .«uch
that V/hereas, the Principal entered into a certain contract with
> the Owner,
41
"* £* *•
dated the 26th day of April
.1 A. D., 19 83 ,
a copy of which is hereto attached and made
construction of:
a part hereof for the
ratory Addition. SteDhen F. Austin
C°f ^ °£ 'his
br Er-
Specification C CMtra<:t or '» the work or to the
between the
42
-3-
IN WITNESS WHEREOF, this instrument is executed in six
counterparts, each one of which shall be deemed an original, this the
26th -day of April
ATTEST:
. A.D.. 19 83 .
(Princip
SEAL
A
(Surety) Secretary
Witness as to Surety
P. 0. Box 31300
Dallas. Texas 75251
SNYDER CONSTRUCTION COMPANY. INC.
/JP*-incipal
Harold C. Snyder - President
Witness as to Principal
P- 0. Box 668
Troup, Texas 757^9
Address
ATTEST:
GOHLINSURANCE CO]
Attorney-i^-Fact Rudolph Norris
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.
44
CONTRACT
C. CONSTRUCTION COMPANY
Tyler, Texas
"LIBERAL ARTS ADDITION/RENOVATION PROJECT"
45
THE AMERICAN INSTITUTE OF ARCHITECTS
AIA Document A101
Standard Form of Agreement Between
Owner and Contractor
where the basis of payment is a
STIPULATED SUM
1977 EDITION
THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES; CONSULTATION WITH
AN ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION
Use only with the 1976 Edition of AIA Document A201, General Conditions of the Contract for Construction.
This document has been approved and endorsed by The Associated General Contractors of America.
AGREEMENT
made as of the twenty fifth (25th) day of April in the year of Nineteen
Hundred and eighty three (1983)
BETWEEN the Owner: STEPHEN F. AUSTIN STATE UNIVERSITY
Nacxxjdoches, Texas
and the Contractor: c Construction Company
Post Office Box 8270
Tyler, Texas 75711
The Project: Alterations & Addition to
The Liberal Arts Building
Stephen F. Austin State University ,Nacx>jdoches, Texas
The Architect: MOREY/FAHLER INC.
11615 Forest Central Dr., Suite 211
Dallas, Texas 75243
The Owner and the Contractor agree as set forth below.
Copyright 1915 1918,1925, 1937, 1951 1958, 1961, 1963, 1967, 1974, © 1977 by the American institute of Architects, 1735 New
wi hnnrTf' ' ^^a' .C 2°°^' ReProduclion of the ™<e'ial herein or substantial quotation of its provisions
w.thout permission of the AIA violates the copyright laws of the United States and will be subject to legal prosecution.
V A101 # OWNER-CONTRACTOR AGREEMENT • ELEVENTH EDITION • JUNE 1977 • AIA»
• THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON; D. C 20006 A101-1977 1
46
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 exe
cution 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
(Here, insert the caption descriptive of the Work as used on other Contract Documents.)
Alterations & Addition to
The Liberal Arts 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 up^ reCeipt of "Notice to Proceed".
and, subject to authorized adjustments, Substantial Completion shall be achieved not later than 13 August 1984
(Here insert any special provisions for liquidated damages relating to failure to complete on time.)
The Contractor agrees that for each calendar day the project retains
uncompleted after 18 August 1984, the Owner nay deduct $1000 per day
from the condensation due the Contractor as proper, liquidated damages.
AIA DOCUMENT A101 • OWNER-CONTRACTOR AGREEMENT • ELEVENTH EDITION • JUNE 19^7 • I AlA*
©1977 • THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D. C 20006 A101-1977 2
47
ARTICLE 4
CONTRACT SUM
hvrLPnaoy *n .Contractor.'nJ^urreunt funds for *e performance of the Work, subject to additions and
by Change Order as prov.ded m the Contract Documents, the Contract Sum of
Three million, two hundred thousand dollars ($3,200,000)
The Contract Sum is determined as follows:
(State here the base bid or other lump sum amount, accepted alternates, tad unit prices, as applicable.)
Base Bid
Alternate No. 1
Alternate No. 2:
Alternate No. 3:
Alternate No. 4:
Alternate No. 5:
$2,828,000
194,000
43,000
120,000
4,000
11,000
Total $3,200,000
ARTICLE 5
PROGRESS PAYMENTS
"ThTnJZ PahTm ^bmitted l° the ArchiteCt by the Contractor and Certificates for Payment issued
5a2 in, !h r \ > £ <makue pr°8reSS Pavments on acco""t of the Contract Sum to the Contractor as pro
v.ded ,n the Contract Documents for the period ending the last day of the month as follows:
"jL'"!!' %*?Jifn^eent Iil) o/, , duyS followin8 ^e end of the period covered by the Application for Payment
ninety five percent (95 %) of the port.on of the Contract Sum properly allocable to labor materials and
equipment incorporated in the Work and ninety five percent ( 95 %) of the portion 'ofSeSntSS
IrTn ? matTJS aund ec»uiPment suitablV stored at the site or at some otheMocation agreed upon
SX Ind UnonPse,rh0d T^ ^ }^ ^T™ ^ ^T"1 'eSS the a^re8ate °f PreVJ0US PaVments ma^ by the Owner, and upon Substantial Completion of the entire Work, a sum sufficient to increase the total payments to
iSmffivSrlc ,nHrCem !}f i%) °f the °r? $Uum' ^ SUCh amOUn{S as the Architect shal^mine for all incomplete Work and unsettled claims as provided in the Contract Documents.
'" "* ( DocumenlJ- bere insen -V P^telon lor limiting o, reducing the amount retained after the Work reaches a certa/n
Payments due and unpaid under the Contract Documents shall bear interest from the date payment is due at the rate
entered below, or in the absence thereof, at the legal rate prevailing at the place of the Project
(Here insert any rate of interest agreed upon.) j
^SHH™^^
1'*7?OCVucENT ™01 ' OwNER-CONTRACTOR AGREEMENT •■'ELEVENTH EDJTION • JUNE 1977 ■• AIA*
©1977 • THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON. D. C. 20006 A101-1977 3
48
ARTICLE 6
FINAL PAYMENT
Final payment, constituting the entire unpaid balance of the Contract Sum, shall be paid by the Owner to the
contractor when the Work has been completed, the Contract fully performed, and a final Certificate for Payment has
been issued by the Architect.
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:
(List below the Agreement the Conditions o/ the Contract (General, Supplementary, and other Conditions), the Drawings, the Specifications, and any Addenda
and accepted alternates, showing page or sheet numbers in all cases and dates where applicable.) or i
Drawings dated 1 March 1983
Sheets
A-l, A-IU, A-2 thru A-31
S-l thru S-14
M-l thru M-17
E-l, E-1A, E-2 thru E-13
Specifications dated 1 March 1983
Addendum No. 1 dated 1 April 1983
Addendum No. 2 dated 11 April 1983
Addendum No. 3 dated 1 April 1983
Addendum No. 4 dated 11 April 1983
This Agreement entered into as. of the day and year first written above.
CONTRACTOR
F. AUSTIN STATE UNIVERSITY
, _ „ By: Gordon Campbell, President
Ted Bowen, Chairman of the Board
of Regents
AIA DOCUMENT A101 • OWNER-CONTRACTOR AGREEMENT • ELEVENTH EDITION • JUNE 1977 • AIA*
©1977 • THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D. C. 20006 A101-1977 4
49
PERFORMANCE BOND NUMBER 8097-85-81
(To \)v used in Texas as required by Chapter 9.3 of the
ltcj;.tjl;ir Session of the S(>th Legislature of Texas)
Till-; STATIi 01' TEXAS
COUNTY or SMITH
KNOW AM, MliN BY TIIHSK PRESENTS: That we (1)
C. CONSTRUCTION CO., INC.
215 Winchester
of (2) P. 0. Box 8270, Tyler, Texas 75711 hereinafter called
Principal and (3) FEDERAL INSURANCE COMPANY of
51 John F. Kennedy Parkway, Hills State of New Jersey
hereinafter called the Surety, are held and firmly bound into (4)
STEPHEN F. AUSTIN STATE UNIVERSITY, Nacogdoches, Texas
hereinafter called Owner, in the penal sum of THREE MILLION TWO HUNDRED
THOUSAND AND NO/100
DOU-ARS ($ 3,200,000.00 ), in lawful money of the United States,
to bo paid in (5)
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.
Till: CONDITION OF THIS OBLIGATION is such that Whereas, the Principal
entered into a certain Contract with (6) STEPHEN F. AUSTIN STATE UNIVERSITY
the Owner, dated the 25th day of April 9 A. D., 19 83 , a copy
of which is attached hereto and made a part hereof for the construction of:
ALTERATIONS & ADDITION TO THE LIBERAL ARTS BUILDING AT STEPHEN F. AUSTIN
STATE UNIVERSITY, NACODOCHES, TEXAS
(Herein called the "Work").
50
-2-
NOW, TllliRi;i;0Rli, if the Principal shall well, truly and faithfully
porlonn the work in accordance with the Plans, Specifications and Contract
Documents during the original term thereof, and any extensions 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
damans 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, TIII-RI-FORn, 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 twelve (12) months 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 Smith County, State of
Texas ant! 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 addition to the terms of the Contract or to the work
or to the Specifications.
PROVIDIil), I1OWFVHR, 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.
IN WITNESS WHEREOF, this instrument is executed in six counterparts,
each one of which shall be deemed an original, this the 25th
day of April , A. D. 19 83 .
ATTEST:
(Principal) Secretary ^TaoVfion CampbeiT, President
Linda Fowler
(NONE REQUIRED)
Kftness as to Principal Jane Ford
J
P.O. Box 8270,Tyler, TX 75711
(Address)
51
ATTIiST:
Power of Attorney attached
(Surd y) Secretary
^4&u^&^zag&z_
W.fness ;is to Surety June Rader
701 Fisk Street-Suite 120
Jacksonville, Florida 32204
Ad d r e s^ " " ~
FEDERAL INSURANCE COMPANY
Surety
Attorney-in-Fact
Tom S. Lobrano, III
APPROVED AS TO FORM:
ATTORNEY GENERAL OF TEXAS
BY:
Assistant Attorney General
NOT! : 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.
(7>) Correct name of Surety
M") Correct name of Owner
(5) County of Parish and State
(()) Owner
(7) If Contractor is Partnership, all partners should
execute bond.
COUNTERSIGNED:
Curtis B. Roberts, Resident Agent
State of Texas
52
WYMHNT BOND NUMBER 8097-85-81
(To ho used in Tcx;is as required by Chapter 93 of
the Re^iiL-ir Session of the .r>(>t h Le^i slnturc of Texas)
till: STATI-: OP _ TEXAS
COUNTY OP' SMITH
KNOW ALL MI-N BY THESE PRESENTS: That we (1)
C. CONSTRUCTION CO., INC.
a . (2) Texas Corporation
of 215 Winchester, P. 0. Box 8270, Tyler, Texas 75711
hereinafter called Principal and (3) FEDERAL INSURANCE COMPANY
51 John F. Kennedy Parkway,
of Short Hills > State of New Jersey hereinafter
called the Surety, are held and firmly bound unto (4)
STEPHEN F. AUSTIN STATE UNIVERSITY, Nacogdoches, Texas
hereinafter called Owner, unto all persons, firms, and corporations who may
furnish materials for, or perform labor upon the building or improvements
hereinafter referred to in the penal sum of THREE MILLION TWO HUNDRED
THOUSAND AND NO/100 DOLLARS ($ 3,200,000.00 )
in lawful money of the United States, to be paid in (5)
, 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.
Till: CONDITION OF THIS OBLIGATION is such that Whereas, the Principal
entered into a certain contract with (6) STEPHEN F. AUSTIN STATE UNIVERSITY
, the Owner, dated
the 25th day of April _, A. D. 19 83 , a copy of
which is hereto attached and made a part hereof for the construction of:
ALTERATION & ADDITION TO THE LIBERAL ARTS BUILDING AT STEPHEN F. AUSTIN
STATE UNIVERSITY, NACODOCHES, TEXAS
53
NOW, THEHEI-'OKE, the condition of this obligation is such that, if
the Pr i ne i p;i 1 shall prompt \y moke payment to all claimants as defined
mi Article r> 1 (>() Revised Civil Statutes of Texas, 1925, as amended by House
Hill .VI4, Acts Soth Legislature, Regular Session, 1959, effective April 27,
l!).r>!), supplying labor and materials in the prosecution of the work provided
Cor- in s;iid Contract, then this obligation shall be null and void; otherwise,
if ^h;ill remain in full force and effect.
This bond is made and entered into sc^ely for the protection of all
claimants supplying labor and materials in the prosectuion of the work
provided for in said Contract, and all such claimants shall have a direct
right of action under the bond as provided in Article 5160, Revised Civil
Statutes, 1925, as amended by House Bill 344, Acts 56th Legislature, Regular
Session, 1959.
PROVrDED FURTHER, that if any legal action be filed upon this bond,
venue shall lie in Smith 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 on this bond,
and it docs 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,
PROVmiil) RIRTHER, that no final settlement between the Owner and the
Contractor shall abridge the right of any beneficiary hereunder, whose claim
may be tinsa t i s f i ed .
IN WITNESS WHEREOF, this instrument is executed in six counterparts,
each one of which shall be deemed an original, this the 25th
day of April
ATTEST:
A. D., 19 83
C. CONSTRICTION CO., INC.
Principal
(Vr fTTTTna J) Secretary
Linda Fowler
si-ai. NONE REQUIRED
n CampbeiT, President
Witness as to Principal
P.O. Box 8270, Tyler, TX 75711
Address
54
-3-
ATTIiST:
Power of Attorney Attached
(Surety") Secretary
FEDERAL INSURANCE COMPANY
Surety
K-4-4U
Witness ns to Surety June Rader
701 Fisk Street-Suite 120
Jacksonville, Florida 32204
Add ress
:torney-in-Fact
Tom S. Lobrano, III
APPROVED AS TO FORM:
ATTORNEY GENERAL OF TEXAS
BY:
Assistant Attorney General
NOTH: 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.
f3) Correct name of Surety
(4) Correct name of Owner
(5) County of Parish and State
(6) Owner
(7) If Contractor is Partnership, all partners should
execute bond.
COUNTERSIGNED:
Curtis B. Roberts, Resident Agent
State of Texas
Certified Copy of
POWER OF ATTORNEY 55
Know all Men by these Presents, That the FEDERAL INSURANCE COMPANY, 51 J.F. Kennedy Parkway, Short Hills,
N.J., a New Jersey Corporation, has constituted and appointed, and does hereby constitute and appoint
Tom S. Lobrano III, A. B. I^rnch, Jr. and James C. Congelio of Jacksonville, Florida
each its true and lawful Attorney-in-Fact to execute under such designation in its name and to affix its corporate seal to and deliver for
and on its behalf as surety thereon or otherwise, bonds of any of the following classes, to-wit:
1 Bonds and Undertakings filed in any suit, matter or proceeding in any Court, or filed with any Sheriff or Magistrate, for the doing
or not doing of anything specified in such Bond or Undertaking.
2. Surety Bonds to the United States of America or any agency thereof, including those required or permitted under the laws or
regulations relating to Customs or Internal Revenue; License and Permit Bonds or other indemnity bonds under the laws, or
dinances or regulations of any State, City, Town, Village, Board or other body or organization, public or private; bonds to
Transportation Companies, Lost Instrument bonds, Lease bonds, Workers' Compensation bonds, Miscellaneous Surety bonds
and bonds on behalf of Notaries Public, Sheriffs, Deputy Sheriffs and similar public officials.
3. Bonds on behalf of contractors in connection with bids, proposals or contracts.
In Witness Whereof, the said FEDERAL INSURANCE COMPANY has, pursuant to its By-Laws, caused these
presents to be signed by its Assistant Vice-President and Assistant Secretary and its corporate seal to be hereto affixed this
1st day of January 19 Op
FEDERAL INSURANCE COMPANY .
By
George McClellan
Assistant Vice-President
Richard D. O'Connor
Assistant Secretary
STATE OF NEW JERSEY
ss:
County of Essex
On this 1st day of January 19 82 , before me personally came Richard D. O'Connor, to me known and by me known to
fbn%AnSSIntap ^ffi of the F,E?kERAL "NSURANCE COMPANY, the Corporation described in and which^xlcuted the
foregoing Power of Attorney and the said Richard D. O'Connor being by me duly sworn did depose and sav that he is As
sistant Secretary of the FEDERAL INSURANCE COMPANY and knows the corporate seal thereoff that thef seaf afffxed to
™n /eH?hn?h er 2 Ati°^ney IS,su.ch corporate seal and was thereto affixed by authority of the By-Laws of said Com-
2yra tnhoatMhers,igl?ed said Power of Attorney as Assistant Secretary of said Company by like authority; that he is acquainted
with fifinmp Mellon and knows him to be Assistant Vice-President of said Company, and that the signature of said George
*u •* ^a !r°-we.r ot Attorney is in the genuine handwriting of said George McClellan and was thereto
authority of said By-Laws and in deponent's presence.
,. ^^^ ^ Acknowledged and Sworn to before me
~\ A ^<N on tne date above written.
II ( HOTARK
v V public
Form 21-10-317 (Ed. 4-82) General
PATRICIA RYAN
NOTARY PUBLIC OF NEW JERSEY
My Commission Expires December 11, 19 o
03
56
SHORT HILLS, N.J. )
V ss.
County of Essex ;
I, the undersigned, Assistant Secretary of the FEDERAL INSURANCE COMPANY, do hereby certify that the following is
a true excerpt from the By-Laws of the said Company as adopted by its Board of Directors on March 11, 1953 and amended
May 27. 1971 and that this By-Law is in full force and effect.
ARTICLE XVIII.
Section 2. All bonds, undertakings, contracts and other instruments other than as above for and on
behalf of the Company which it is authorized by law or its charter to execute, may and shall be executed
in the name and on behalf of the Company either by the Chairman or the Vice-Chairman or the President
or a Vice-President. jointly with the Secretary or an Assistant Secretary, under their respective designa
tions, except that any one or more officers or attorneys-in-fact designated in any resolution of the Board
of Directors or the Executive Committee, or in any power of attorney executed as provided for in Section
3 below, may execute any such bond, undertaking or other obligation as provided in such resolution or
power of attorney.
Section 3. All powers of attorney for and on behalf of the Company may and shall be executed in the
name and on behalf of the Company, either by the Chairman or the Vice-Chairman or the President or a
Vice-President or an Assistant Vice-President, jointly with the Secretary or an Assistant Secretary, under
their respective designations."
And I further certify that I have compared the foregoing copy of the POWER OF ATTORNEY with the original thereof and
the same is a correct and true copy of the whole of said original Power of Attorney and that said Power of Attorney has not been
revoked.
And I further certify that said FEDERAL INSURANCE COMPANY is duly licensed to transact fidelity and surety business
in each of the States of the United States of America, District of Columbia, Puerto Rico, and each of the Provinces of Canada
with the exception of Prince Edward Island; and is also duly licensed to become sole surety on bonds, undertakings, etc..
permitted or required by law.
Given under my hand and the seal of said Company at Short Hills. N.J.. this day of
April !9 83
Assistant Secretary
57
CONTRACT
T. G. EVANS CONSTRUCTION COMPANY
Nacogdoches, Texas
"RENOVATION OF THE FORESTRY LAB BUILDING PROJECT (1983)
58
AGREEMENT BETWEEN OWNER AND CONTRACTOR
THE STATE OF TEXAS
KNOW ALL MEN BY THESE PRESENTS
COUNTY OF NACOGDOCHES
AGREEMENT
Made as of the Twenty Sixth day of APRIL 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: T . G . EVANS COMPANY
P.O. BOX 763
NACOGDOCHES, TEXAS 75961
THE PROJECT: FORESTRY LABORATORY RENOVATIONS & ADDITIONS 1983
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:
59
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 FORESTRY LABORATORY RENOVATIONS & ADDITIONS 1983
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 240 calendar days thereafter.
-2-
60
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 SIX HUNDRED EIGHTY SEVEN
THOUSAND ONE HUNDRED SEVENTY SIX DOLLARS AND NO/100 ($687,176.00)
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 $687,176.00
-3-
61
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.
62
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 "FORESTRY LABORATORY RENOVATIONS
& ADDITIONS 1983, STEPHEN F . AUSTIN STATE UNIVERSITY, NACOGDOCHES, TEXA
Sheet and Section numbers as listed in Paragraph 1.1 of "Supplementary
Conditions" and the following:
1. Addendum No. 1, dated March 29, 1983, Pages 1-2
Addendum No. 2, dated April 12, 1983, Page 1-2
Addendum No. 3, dated April 15, 1983, Page 1-2, Detail Sheet E-4A
(4-13-83)
Addendum No. 4, dated April 18, 1983, Page 1
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-
63
3. The said Drawings and each of all said Specifications and "General
Conditions11 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 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-
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,
1.959, 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-
64
65
c) Include Broad Form Property Damage Insurance. Remove
"XCUI( 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
Conditions" . 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-
66
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 $ 687,176.00
-0-
67
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 se£. (1973).
-10-
68
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
By.
Chairman
SEAL
T . G. EVANS COMPANY
P.O. BOX 763
NACOGDOCHES, TEXAS 75961
Address
READ AND EXAMINED:
Board of Regents, Stephen F\ %usdn State Uniyfsity
S ecretarv
(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.
69
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)
I. G. Evans Company
°f (2) Nacoao^ches^Jexas hereinafter called
Principal and (3) United States Fidelity & Guaranty of
Dallas 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 Six Hundred Eight Seven
Thousand One Hundred Seventy Six Dollars and NO/100
D0LLARS C$687,176.00 >. in lawful money of the United
States, to be paid in (5) Nacogdochea 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 26th day of Apr11 A D
19_83_, a copy of which is attached hereto and made a part hereof
for the construction of. Forestry Laboratory Renovations & Additions 1983
Stephen F. Austin State University
Nacogdoches, Texas
70
** 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.
71
-3-
IN WITNESS WHEREOF, this instrument is executed in six
counterparts, each one of which shall be deemed an original, this the
26th _day of April , A.D., 19 83
ATTEST:
(Surety >jSecretary
Witness as to Surety
Nacogdoches, Texas
Address
T. G. Evans Company
(Principal) Secretary
SEAL
Witness as to Principal
Address
ATTEST:
Principal
United States Fidelity & Guaranty
Surety
BY _
Attorney-in-F<fct Gary WiTlis
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.
PAYMENT BOND 72
(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 PxlESENTS: That we
(1) T. G. Evans Company
a (2) Individual
. Nacogdoches, Texas
OI hereinafter called Principal and
(3) United States Fidelity and Gu*i%nty Ba1t1mQre j
State of Maryland hereinafter called the Surety,
are held and firmly bound unto (4) Z.QARD 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 Six Hundred Eighty Seven Thousand One-Hundred Seventy Six Dollars
and no/100—----- — DOLLARS ($ 687,176.00 )
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 Whereas, the Principal entered into a certain contract with
(6) BOARD OF REGENTS, STEPHEN F. AUSTIN STATE
UNIVERSITY the Owner,
73
-2-
dated the 26th day of April - . _ ,'83
a copy of which is hereto attached and made a part hereof for the
construction of: Forestry Laboratory Renovations & Additions 1983
s ,f, , 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
Regular 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. .— .. •..< '
This bond is made and entered into solely for 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 m 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
bpecifications.
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
74
-3-
IN WITNESS WHEREOF, this instrument is executed in six
counterparts, each one of which shall be deemed an original, this the
26th day of Apri 1 , 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
Surety
BY
Attorney-in-Efect Qary Willis
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.
75
CERTIFIED COPY
GENERAL POWER OF ATTORNEY
No
Know all Men by these Presents:
That UNITED STATES FIDELITY AND GUARANTY COMPANY, a corporation organized and existing under the laws of the
State of Maryland, and having its principal office at the City of Baltimore, in the State of Maryland, does hereby constitute and appoint
Gary Willis
of the City of Nacogdoches
its true and lawful attorney in and for the State of
, State of Texas
for the following purposes, to wit:
To sign its name as surety to, and to execute, seal and acknowledge any and all bonds, and to respectively do and perform any and
all acts and things set forth in the resolution of the Board of Directors of the said UNITED STATES FIDELITY AND GUARANTY
COMPANY, a certified copy of which is hereto annexed and made a part of this Power of Attorney; and the said UNITED STATES
FIDELITY AND GUARANTY COMPANY, through us, its Board of Directors, hereby ratifies and confirms all and whatsoever the said
Gary Willis
may lawfully do in the premises by virtue of these prwenta.
In Witness Whereof, the said UNITED STATES FIDELITY AND GUARANTY COMPANY has caused this instrument to be
sealed with its corporate seal, duly attested by the signatures of its Vice-president and Assistant Secretary, this 7th
July , A. D. 19 78
UNITED STATES FIDELITY AND GUARANTY COMPANY.
of
(SEAL)
STATE OF MARYLAND,
BALTIMORE CITY,
(Signed)
(Signed)
Bf
Rector
H.-...?.:..M..#.Hingelex
Assistant Secretary.
On this 7th day of July , A. D. 19 78, before me personally came
James D • Rector , Vice-Presideiit of the UNITED STATES FIDELITY AND GUARANTY
COMPANY and W . B . M . H i n g e 1 e y , Assistant Secretary of said Company, with both of
whom I am personally acquainted, who being by me severally duly sworn, said that they, the said James D. Rector
and W. B. M. Hingeley were respectively the Vice-President and the Assistant Secretary of the said UNITED
STATES FIDELITY AND GUARANTY COMPANY, the corporation described in and which executed the foregoing Power of Attorney;
that they each knew the seal of said corporation; that the seal affixed to said Power of Attorney was such corporate seal, that it was
so fixed by order of the Board of Directors of said corporation, and that they signed their names thereto by like order as Vice-President
and Assistant Secretary, respectively, of the Company. Q
My commission expires the first day in July, A. D. 19...?....
(SEAL) (Signed) Margaret M. Hurst
Segt
STATE OF MARYLAND
BALTIMORE CITY, /
I Robert H . Bouse
Court of Record, and has a seal, do hereby certify that
Notary Public.
Clerk of the Superior Court of Baltimore City, which Court is a
t M "
, Cer f Superio
Margaret M, Hurst ^ Esquire, before
whom the annexed affidavits were made, and who has thereto subscribed his name, was at the time of so doing a Notary Public of the
State of Maryland, in and for the City of Baltimore, duly commissioned and sworn and authorized by law to administer oaths and take
acknowledgments, or proof of deeds to be recorded therein, I further certify that I am acquainted with the handwriting of the said
Notary, and verily believe the signature to be his genuine signature.
In Testimony Whereof, I hereto set my hand and affix the seal of the Superior Court of Baltimore City
of Record, this 7th , day of July ., A. D. 19 ?
the same being a Court
(SEAL) (Signed)
Clerk of the Superior Court of Baltimore City.
76
COPY OF RESOLUTION
That Whereas, it is necessary for the effectual transaction of business that this Company appoint agents and attorneys with power
and authority to act for it and in its name in States other than Maryland, and in the Territories of the United States and in the Provinces
of the Dominion of Canada and in the Colony of Newfoundland.
There/ore, be it Resolved, that this Company do, and it hereby does, authorize and empower its President or either of its Vice-
Presidents in conjunction with its Secretary or one of its Assistant Secretaries, under its corporate seal, to appoint any person or persons
as attorney or attorneys-in-fact. or agent or agents of said Company, in its name and as its act, to execute and deliver any and all con
tracts guaranteeing the fidelity of persons holding positions of public or private trust, guaranteeing the performances of contracts other
than insurance policies and executing or guaranteeing bonds and undertakings, required or permitted in all actions or proceedings, or
by law allowed, and
Also, in its name and as its attorney or attorneys-in-fact, or agent or agents to execute and guarantee the conditions of any and all
bonds, recognizances, obligations, stipulations, undertakings or anything in the nature of either of the same, which are or may by law,
municipal or otherwise, or by any Statute of the United States or of any State or Territory of the United States or of the Provinces of the
Dominion of Canada or of the Colony of Newfoundland, or by the rules, regulations, orders, customs, practice or discretion of any board,
body, organization, office or officer, local, municipal or otherwise, be allowed, required or permitted to be executed, made, taken, given!
tendered, accepted, filed or recorded for the security or protection of, by or for any person or persons, corporation, body, office, interest!
municipality or other association or organization whatsoever, in any and all capacities whatsover, conditioned for the doing or not doing
of anything or any conditions which may be provided for in any such bond, recognizance, obligation, stipulation, or undertaking, or
anything in the nature of either of the same.
/, Theodore G. Parks , an Assistant Secretary of the UNITED STATES FIDELITY AND
GUARANTY COMPANY, do hereby certify that the foregoing is a full, true and correct copy of the original power of attorney given
by said Company to
Gary Willis
of Nacogdoches, Texas , authorizing and empowering him to sign bonds as therein set
forth, which power of attorney has never been revoked and is still in full force and effect.
And I do further certify that said Power of Attorney was given in pursuance of a resolution adopted at a regular meeting of the
Board of Directors of said Company, duly called and held at the office of the Company in the City of Baltimore, on the 11th day of
July, 1910, at which meeting a quorum of the Board of Directors was present, and that the foregoing is a true and correct copy of said
resolution, and the whole thereof as recorded in the minutes of said meeting.
In Testimony Whereof, I have hereunto set my hand and the seal of the UNITED STATES FIDELITY AND GUARANTY
company on April 26, 1983
(Date)
Assistant Secretary.
77
CONTRACT
T. G. EVANS CONSTRUCTION COMPANY
Nacogdoches, Texas
"DORMITORIES 9 & 12 REPAIR PROJECT
(1983)"
78
AGREEMENT BETWEEN OWNER AND CONTRACTOR
THE STATE OF TEXAS
KNOW ALL MEN BY THESE PRESENTS
COUNTY OF NACOGDOCHES
AGREEMENT
Made as of the Twenty Sixth day of APRIL 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: T . G. EVANS COMPANY
P.O. BOX 763
NACOGDOCHES, TEXAS 75961
THE PROJECT: DORMITORIES 9 & 12 REPAIRS 1983
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:
79
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 DORMITORIES 9 & 12 REPAIRS 1983
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 AUGUST 17, 1983.
-2-
80
The Contractor further agrees to pay as liquidated damages the sum of
SEVENTY DOLLARS AND NO/100 ($70.00) per day for each unfinished
Bathroom 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 THREE HUNDRED THIRTY
SEVEN THOUSAND TWENTY FIVE DOLLARS AND NO/100 ($337,025.00)
out of funds available to the Owner for expenditure for the use and benefit
of Stephen F. Austin State University from funds provided by Pledged Property
Surplus Funds
The Contract Sum is determined as follows:
BASE BID $307,685.00
ALTERNATE #1 29,340.00
$ 337,025.00
-3-
81
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. . - .
82
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 "DORMITORIES 9 & 12 REPAIRS
1983, 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 31, 1983, Pages 1-2, Detail Sheets 5-13b/4,
7-3/2, 10-16/4
Addendum No. 2, dated April 18, 1983, Page 1
Addendum No. 3, dated April 19, 1983, Page 1
Addendum No. 4, dated April 21, 1983, Page 1
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.
83
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 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-
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
84
-7-
85
c) Include Broad Form Property Damage Insurance. Remove
MXCUI! 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
Conditions". 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.
6- Before commencement of operations hereunder, Con
tractor shall furnish to the Architect, photo static copies
of the above mentioned insurance policies, together with
a certificate from the insurance carrier that the insurance
86
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 $ 337,025.00
-9-
87
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, 15 U.S.C.A. Sec. 1 et se^. (1973).
-10-
88
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
SEAL
T . G. EVANS COMPANY
P.O. BOX 763
NACOGDOCHES. TEXAS 75961
Address
READ AND EXAMINED:
Board of Regents, Stephen F. Ayfetin State University
Secretarv
(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.
89
(To be used in Texas as required by Chapter 93 of
the Regular Session of the 56th Legislature of Texas)
THE STATE OF
COUNTY OF
TEXAS
NACOGDOCHES
KNOW ALL MEN BY THESE PRESENTS: That we. (j)
T. G. Evans Company
of (2) Nacogdoches, Texas
— — ~ _ hereinafter called
Principal and (3) United StatesJ^elity & Guaranty
Dallas
— State of
hereinafter called the Surety, are held and firmly bound into (4)
F. AUSTIN STATE UNIVERSITY
hereinafter called Owner, in the penal sum of
JhrgeHundred Thirty Seven Thousand Twenty-Five Dollars & No/100
DOLLARS ($ 337
» m lawful money of the United
States, to be paid in (5) NacogdochesCounty, 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, BrxnLy by these presents.
THE CONDITION OF THIS OBLIGATION is such that
Whereas, the Principal entered into a certain Contract with (6)
the Owner, dated the 26th day of April
19.83, a copy of which is attached hereto and made a part hereof
for the construction of:: Dormitories 9 & 12 Repairs 1983
Stepehn F. Austin State University
Nacogdoches, Texas
A. d.,
90
- 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.
91
-3-
IN WITNESS WHEREOF, this instrument is executed in six
counterparts, each one of which shall be deemed an original, this the
26th _day of April , A.D., 1983 .
ATTEST:
(Principal) Secretary
SEAL
Witness as to Principal
Address
ATTEST:
(Sur ety 1 Secretary
Witness as to Surety
Nacogdoches, Texas
Address
United States Fidelity & Guaranty
Surety
BY [j
Attorney-in-Fact Gary Willis
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.
PAYMENT BOND 92
(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 NACOGDOCI-ISS
KNOW ALL MEN BY THESE PRESENTS: That we
(1) T. G. Evans Company ^^^
a (2) Individual
of Nacogdoches, Texas hereinafter called Principal and
(3) United States Fidelity & Guarantyof Dallas
State of Texas 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 Three Hundred Thirty Seven Thousand Twenty-Five Dollars & No/100
_DOLLARS ($337,025.00 )
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 Whereas, the Principal entered into a certain contract with
(6) BOARD OF REGENTS, STEPHEN F. AUSTIN STATE
UNIVERSITY , the Owner, ~~~
93
-2-
dated the 26th day of April f A. D., 19 83
a copy of which is hereto attached and made a part hereof for the
construction of: Dormitories 9 & 12 Repairs 1983, Stephen F. Austin
State University, Nacogdoches, Texas ■
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
Regular 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.
This bond is made and entered into solely for the pro
tection of all claimants supplying labor and materials in the pro
secution of the work provided for in said Qontract, 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
94
— *3 —
IN WITNESS WHEREOF, this instrument is executed in six
counterparts, each one of which shall be deemed an original, this the
26th day of April
ATTEST:
T.G. Evans Company
, A.D., 19 83
Principal
(Principal) Secretary
SEAL
BY
Witness as to Principal
Address
ATTEST:
(Surety) Secretary
Nacogdoches, Texas
Witness as to Surety
United States Fidelity & Guaranty
Surety ,
Attorneyy--iinn--F^a ct Gary Willis
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.
CERTIFIED COPY 95
GENERAL POWEH OF ATTORNEY
No !?.?«....
Know ell Mem by thme Prm&enUt
That UNITED STATES FIDELITY AND GUARANTY COMPANY, a corporation organised and existing under the laws of th«
State of Maryland, and having to prinapd office at the Gty of Baltimore, in the State of Maryland, does hereby constitute and appoint
Gary Willis
of the Gty of Nacogdochas f State of Texas
iu tnie and lawful attorney in and for the State of Texas
for the following purposes, to wit:
To sign its name as surety to, and to execute, seal and acknowledge any and all bonds, and to respectively do and perform any and
all acts and things set forth in the resolution of the Board of Directors of the said UNITED STATES FIDELITY AND GUARANTY
COMPANY, a certified copy of which is hereto annexed and made a part of this Power of Attorney; and the said UNITED STATES
FIDELITY AND GUARANTY COMPANY, through us, its Board of Directors, hereby ratifies andconfirm. all and whatsit thfsS
Gary Willis
may lawfully do in the premises by virtue of these presents.
In Witness Whanoj, the said UNITED STATES FIDELITY AND GUARANTY COMPANY h«s caused this instrument to h.
sealed with its corporate seal, duly attested by the signatures o< ita Vice-President and Assistant Secretary, this 71 h ^ ^
July , A.D. 19 78
UNITED STATES FIDELITY AND GUARANTY COMPANY.
(Signed) at ?.**t3...?.'
(SEAL)
(Signed) ?f.-
Aiiiitmu Secretary.
STATE OF MARYLAND, }
BALTIMORE CITY, / M:
On this 7th day of July , A. D. 19 7d before me personally came
James D, Rector , Vice-President of the UNITED STATES FIDELITY AND GUARANTY
COMPANY and W. B ♦ M . Hi ngeley , Assistant Secretary of said Company, with both of
whom I am personally acquainted, who being by me sererally duly sworn, said that they, the said James D • Re Ctor
and W. B. M. Hi ngeley were respectively the Vice-President and the Assistant Secretary of the said UNITED
STATES FIDELITY AND GUARANTY COMPANY, the corporation described in and which executed the foregoing Power of Attorney;
that they each knew the seal of said corporation; that the seal affixed to said Power of Attorney was such corporate seal, that it waa
so fixed by order of the Board of Directors of said corporation, and that they signed their names thereto by like order as Vice-Preaideat
and Assistant Secretary, respectively, of the Company. -
My commission expires the first day in July, A. D. 19. ~r....
(SEAL) (Signed) Margaret M. Hurst
Notary PubluL""
STATE OF MARYLAND \
BALTIMORE CITY, / Set.
I, Rob e rt H • Bo US e . Clerk of the Superior Court of Baltimore Gty, which Court is a
Court of Record, and has a seal, do hereby certify that Margaret M • Hur S t ^ Esquire, before
whom the annexed affidavits were made, and who has thereto subscribed his name, was at the time of so doing a Notary Public of the
State of Maryland, in and for the City of Baltimore, duly commissioned and sworn and authorized by law to administer oaths and take
acknowledgments, or proof of deeds to be recorded therein. I further certify that I am acquainted with the handwriting of the said
Notary, and verily believe the signature to be his genuine signature.
In Testimony Whereof, I hereto set my hand and affix the seal of the Superior Court of Baltimore City, the same being a Court
of Record, this 7th day of July , A, D. 19 7o
(SEAL) (Signed)
Clerk of the Superior Court of Baltimore City.
PS 3 (6-?7)
COPY OF RESOLUTION
96
and JlX^^Jrrr^^
of the Dominion of Canada and in the Colony of^ Newfoundland " " ^^^ °f
docs' am:re and
agents and attorneys with power
***** - *.
^^s: zr^ai^ to tv" guarantee the conditfons °f a- - •» municipal or otherwise, or by «„; Sutute of Ve SiTd^ £teS 7 5 , "'?'"• e"her °f ^ 8ame' whkh are or ma? * law>
Dominion of Canada or of the Colony of New oundUnd ot by the rul™^ T "" ""^ '^ °f °f *• Pr0VinceS °f the
body, organization, office or officer, local, municipal o!^LherwU^^ be217 rZi' d ' TT T1"6 " diSCmi°n °f
tendered, accepted, filed or recorded for the security or protTt „„ of IZ foTTti '" * ~** " g
municipality or other association or organization whatsoever^ 1' 7 n ^T "' POTS°nS> corP°ration' Wy, office, interest,
Gary Willis
of Nacogdoches Texas u • •
forth, which power of attorney has never been revoked ^T
July. 1910. a, which meeting a ^rtSS^Jfi^^
resolution, and the whole thereof as recorded in the minutes TZ Zting
i?A ! h8Ve hereUnt° set my h8nd and the
(Date)
l° "^ b°nd$ " therei" "*
of a ^'radopted at
" 3 ^ ^ COrreCt ^ °f ""
"I the UNITED STATES nDELITY AND GUARANTY
Assistant Secretary.
97
CONTRACT
PINEYWOODS INVESTMENT COMPANY
Nacogdoches, Texas
" E. COLLEGE CAFETERIA REPAIR & RENOVATION PROJECT"
98
AGREEMENT BETWEEN OWNER AND CONTRACTOR
THE STATE OF TEXAS
KNOW ALL MEN BY THESE PRESENTS
COUNTY OF NACOGDOCHES
AGREEMENT
Made as of the Twenty Sixth day of APRIL 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: PINEYWOODS INVESTMENT COMPANY, INC
P.O. BOX 1068
NACOGDOCHES, TEXAS 75961
THE PROJECT: EAST COLLEGE CAFETERIA RENOVATIONS
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:
99
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 EAST COLLEGE CAFETERIA RENOVATIONS
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 104 calendar days thereafter. (Subject to Hobart delivery of
equipment on time)
-2-
100
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 FIFTY SIX
THOUSAND SEVEN HUNDRED DOLLARS AND NO/100 ($456,700.00)
out of funds available to the Owner for expenditure for the use and benefit
of Stephen F. Austin State University from funds provided by Pledged Property
Surplus Funds
The Contract Sum is determined as follows:
BASE BID $456,700.00
-3-
101
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.
. 102
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 "EAST COLLEGE CAFETERIA RENOVA
TIONS, 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 April 11, 1983, Pages 1-2
Addendum No. 2, Dated April 15, 1983, Page 1
Copies of which are attached hereto are a part of this contract.
2. This contract is to cover the General Contract work, Plumbing, Kitchen Equipmei
Mechanical and Electric work, complete.
-5-
103
3. The said Drawings and each of all said Specifications and "General
Conditions11 are made par.t 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 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-
. 104
Surety Companies shall be on approved list of U.