Minutes of the Board of Regents of Stephen F. Austin State University. 1987, Volume No. 83

              Stephen F. Austin
State University
Minutes of the
Board of Regents
Temple-Eastex Forestry Laboratory
San Augustine County
April 21,1987
Volume 83
MINUTES OF THE MEETING
BOARD OF REGENTS
STEPHEN F. AUSTIN STATE UNIVERSITY
HELD AT THE TEMPLE-EASTEX FORESTRY LABORATORY
SAN AUGUSTINE COUNTY
April 21, 1987
^ meeting was called to order by Mr. Dan Haynes, Vice
Chairman of the Board of Regents at a.m., April 21, 1987.
REGENTS
PRESENT:
ABSENT:
Mr,
Mr,
Mr,
Mr,
Mr,
Ms,
Mr,
Dan Haynes of Burnet
Homer Bryce of Henderson
Lavoy Moore of Conroe
Nelson Rusche of Houston
Kelly Jones of Dallas
Peggy Wright of Nacogdoches
M. M. Stripling of Nacogdoches
Mr. Richard Hile of Jasper
Ms. Willia B. Murphy Wooten of Crockett
STAFF
PRESENT:
VISITORS:
PRESENT:
Dr. William R. Johnson, President
Dr. Baker Pattillo, Vice President for
University Affairs
Mr. Don L. Henry, Vice President for
Administrative and Fiscal Affairs
Dr. James Reese, Vice President for Academic
Affairs
Dr. Nancy Speck, Vice President for
University Advancement
Mr. Robert Provan, Legal Counsel
Ms. Jean Ann Ruth, Pine Log Editor
Ms. Carol McBrayer, Pine Log Copy Editor
INDEX
MINUTES OF THE MEETING
BOARD OF REGENTS
STEPHEN F. AUSTIN STATE UNIVERSITY
HELD AT THE TEMPLE-EASTEX FORESTRY LABORATORY
SAN AUGUSTINE COUNTY
April 21, 1987
Page
87-25 Election of Regent Haynes as Chairman
of the Board of Regents 6
87-26 Election of Regent Rusche as Vice
Chairman of the Board of Regents 6
87-27 Election of Don L. Henry as Secretary
to the Board of Regents 6
87-28 Approval of the Minutes of the Meeting
of January 27, 1987 6
87-29 Approval of Faculty Staff Appointments. . . 6
87-30 Approval of Changes in Status n
87-31 Acceptance of Resignations 13
87-32 Approval of Terminations 14
87-33 Approval of Retirements 14
87-34 Approval of Leaves of Absence 15
87-35 Approval of Tenure Awards 16
87-36 Approval of Regents Professorships 16
87-37 Approval of Change in Designation of
Home Economics Major in Food Systems
Management to Hotel/Restaurant Manage
ment. 16
87-38 Approval of Summer Budget 16
Financial Certification 17
87-39 Authorization to Accept Bids for the
Purchase of a Mini-bus 17
87-40 Authorization to Accept Bids for
the Purchase of A Disc Drive for the
Mainframe Computing System 17
87-41 Approval of a Contract with Rotan-Mosle
Securities Corporation, to Serve As The
University's Financial Advisor in Design
ing and Selling Bond Issue to Finance
Expansion of Field House 17
87-42 Approval of Contract with Pineywoods
Investment Co., Inc. for Miscellaneous
Projects-1987 17
87-43 Approval of Budget for Miscellaneous
Projects-1987 18
87-44 Approval of Contract with Hayes-Miller
Roofing, Inc., for Re-roofing Project-
1987 18
87-45 Approval of Budget for Re-roofing
Project-1987 18
87-46 Approval of Contract with Southwest
Engineers for P.C.B. Contaminate
Removal in Electrical Transformers 19
87-47 Approval of Contract with Whitaker
Environmental Services, Inc. for
Asbestos Removal in Halls 7, 10,
and 13 lg
87-48 Approval of Contract with Adden
Furniture, Inc. for Refurnishing of
Mays Hall 19
87-49 Authorization to Re-Bid Bedding Portion
of Furnishings for Mays Hall 19
87-50 Approval of Contract with East Texas
Carpets, Inc. for Recarpeting Halls
15, 17, 18, and 19 19
87-51 Approval of Contract with F. R. Lewis
Construction Company for Drainage
and Parking Improvements at Units 20
87-52 Approval of Budget for Drainage and
Parking Improvements at Units 20
87-53 Approval of Contract with Tower Engineer
ing for Replacement of Cooling Tower on
Boynton Building 20
87-54 Approval of Contract with Carrier
Building Services for Replacement
of Chillers at Home Economics North,
Forestry and Music Building 20
87-55 Approval of Contract with Drew Wood
Construction Company for Replace
ment of Boilers at Halls 14 and
16 20
87-56 Authorization to Take Bids for the
Repair of Spillway, Dam and Drainage
Ditch at Hall 20 21
87-57 Approval of Ratification of Easement and
Right of Way for Water Line Access to
Land Leased by City for Water Tower .... 21
87-58 Approval of Preliminary Plans for
Field House Expansion 21
87-59 Approval of Resolution Honoring
Larry Jackson 21
87-60 Approval of Resolution Honoring
William Fletcher Garner 21
Contract with Pineywoods Investment
Co., Inc. for Miscellaneous Projects-1987 . 22
Contract with Hayes-Miller Roofing, Inc.
for Re-Roofing Project-1987 43
Contract with F. R. Lewis Contruction
Company for Drainage and Parking
Improvements at Units 61
Resolution Honoring Larry Jackson 76
Resolution Honoring William F. Garner ... 77
87-25
Upon motion of Regent Stripling, seconded by Regent Rusche,
with all members voting aye, it was ordered that Regent
Haynes be elected as Chairman of the Board.
87-26
Upon motion of Regent Stripling, seconded by Regent Rusche,
with all members voting aye, it was ordered that Regent
Moore be elected as Vice Chairman of the Board.
87-27
Upon motion of Regent Stripling, seconded by Regent Rusche,
with all members voting aye, it was ordered that Don L.
Henry be elected as Secretary to the Board.
87-28
Upon motion of Regent Stripling, seconded by Regent Bryce,
with all members voting aye, it was ordered that the minutes
of the meeting of January 27, 1987, be approved.
87-29
Upon motion of Regent Bryce, seconded by Regent Moore, with
all members voting aye, it was ordered that the following
faculty and staff appointments be approved:
1. Department of Agriculture
Dr. Rosilyn Goodson Williams, 28, Ph.D. (Auburn
University), Assistant Professor of Agriculture, at a
salary of $28,000 for 100% time for ten and one-half
months, effective January 1, 1987.
2. Department of Art
Ms. Corrine Jones, Part-time Instructor of Art, at a
salary of $3,000 for 33% time for the spring semester,
1987 •
3. Department of Communication
Mr. Kenneth J. Atwell, 65, M.A. (Ball State
University), Part-time Instructor, at a salary of
$3,000 for 50% time for the spring semester, 1987.
Mr. Randall Jerry Birdwell, Part-time Instructor in
Communication, at a salary of $4,500 for 75% time for
the spring semester, 1987.
Mr. Benjamin Click, Lecturer in Communication, at a
salary of $6,000 for 80% time and Yearbook Staff
Assistant at a salary of $1,500 for 20% time for the
spring semester, 1987.
Mr. Tony Russell DeMars, Part-time Instructor in
Communication, at a salary of $4,500 for 75% time for
the spring semester, 1987.
Ms. Sara B. Dudley, Part-time Instructor in
Communication, at a salary of $3,500 for 50% time for
the spring semester, 1987.
Mr. Steve ^Richard Jennings, Part-time Instructor in
Communication, at a salary of $3,000 for 50% time for
the spring semester, 1987.
Mr. Barry Glenn Oliver, Lecturer in Communication, at a
salary of $6,000 for 100% time for the spring semester,
19 87.
Mr. Mark S. Zindler, Part-time Instructor in
Communication, at a salary of $1,750 for 25% time for
the spring semester, 1987.
4. Department of Computer Science
Ms. Leigh Ann Williams, 30 M.S. (Stephen F. Austin
State University), Lecturer in Computer Science, at a
salary of $10,000 for 100% time for the spring
semester, 1987.
5. Criminal Justice Program
Mr. John Daniel Norton, Part-time Instructor in
Criminal Justice, at a salary of $1,750 for 25% time
for the spring semester, 1987.
Mr. Walter H. Scalen, Part-time Instructor in Criminal
Justice, at a salary of $1,500 for 25% time for the
spring semester, 1987.
6. Department of Economics and Finance
Dr. Garland D. Simmons, 32, Ph.D. (Texas A&M
University), Assistant Professor of Economics and
Finance at a salary of $41,000 for nine months,
effective September 1, 1987.
7. Department of English and Philosophy
Mr. Cydney W. Adams, Part-time Instructor in English
at a salary of $3,250 for 50% time for the sprinq
semester, 1987.
Ms. Annette S. Dawson, Part-time Instructor in English,
at a salary of $3,720 for 50% time for the spring
semester, 1987.
Ms. Mary Rose Devine, Lecturer in English, at a salary
of $6,500 for 100% time for the spring semester, 1987.
Ms. Vickey Lynn DeMars, Part-time Instructor in
English, at a salary of $4,875 for 75% time for the
spring semester, 1987.
Dr. Constance Hill Hall, Part-time Instructor in
English at a salary of $3,720 for 50% time for the
spring semester, 1987.
Ms. JoAnne C. Howard, Part-time Instructor in English,
at a salary of $4,875 for 75% time for the spring
semester, 1987.
8. Department of Health and Physical Education
Mr. George H. Dohner, Part-time Instructor in HPE, at a
salary of $3,500 for 58% time for the spring semester,
1987. '
Ms. Kathy Hamrick, Visiting Lecturer in HPE, at a
salary of $18,000 for 100% time for nine months,
effective September 1, 1987.
Mr. Douglas G. Olle, Part-time Instructor in HPE, at a
salary of $1,250 for 33% time for the spring semester,
1987.
Dr. Jane Robertson, Part-time Instructor in HPE, at a
salary of $2,667 for 33% time for the spring semester,
1987.
Mr. E. K. Sowell, Part-time Instructor in HPE, at a
salary of $1,969 for 50% time for the spring semester,
1987. '
9. Department of History
Ms. Hazel S. Abernethy, Part-time Instructor of
History, at a salary of $5,400 for 75% time for the
spring semester, 1987.
10. Department of Mathematics and Statistics
Dr. Robert R. Fleet, Part-time Instructor in
Mathematics, at a salary of $5,500 for 75% time for the
spring semester, 1987.
Mr. Hossein M. Hosseinpour, Lecturer in Mathematics, at
a salary of $6,200 for 100% time for the spring
semester, 1987.
Dr. Rodney Lee Roberson, Part-time Instructor in
Mathematics, at a salary of $3,700 for 50% time for the
spring semester, 1987.
11. Department of Music
Ms. Susan Brenneis, Part-time Instructor in Music, at a
salary of $5,000 for 50% time for the spring semester,
1987.
Mr. Andrew Bruck, Part-time Instructor in Music, at a
salary of $5,000 for 50% time for the spring semester,
1987.
Ms. Cynthia Kempf, Part-time Instructor in Music, at a
salary of $5,000 for 50% time for the spring semester,
1987.
Mr. William Krause, Part-time Instructor in Music, at a
salary of $3,000 for 50% time for the spring semester,
1987. '
Ms. Linda Parr, Part-time Instructor in Music, at a
salary of $1,000 for 17% time for the spring semester,
1987. '
Mr. Stephen Pelkey, Part-time Instructor in Music, at a
salary of $5,000 for 50% time for the spring semester,.
1987.
Mr. Dan Spalding, Part-time Instructor in Music, at a
salary of $2,000 for 34 1/2 % time for the spring
semester, 1987.
Ms. Gabriela Spalding, Part-time Instructor in Music,
at a salary of $1,500 for 25% time for the spring
semester, 1987.
12. Department of Political Science and Geography
Dr. Harry V. Hoechten, Lecturer in Political Science,
at a salary of $8,000 for 100% time for the spring
semester, 1987.
13. Department of Psychology
Ms. Jessica Ann Hart, Part-time Instructor in
Psychology, at a salary of $2,100 for 25% time for the
spring semester, 1987.
10
14. Department of Secondary Education
Mr. Michael J. Fitsko, 46, M.A. (Ohio State
University), Part-time Instructor in Secondary
Education, at a salary of $2,000 for 25% for the spring
semester, 1987.
Ms. Christine Seago, Part-time Instructor in Secondary
Education, at a salary of $2,000 for 25% time for the
spring semester, 1987.
Mr. Sam R. Slaydon, 62, M.Ed. (Stephen F. Austin State
University), Part-time Instructor at a salary of $2,000
for 25% time for the spring semester, 1987.
15. Social Work Program
Ms. Kathleen Hurtnett Belanger, 38, M.S.S.W.
(University of Texas - Austin), Part-time Instructor in
Social Work, at a salary of $1,500 for 25% time for the
spring semester, 1987.
Ms. Sherrie Hawthorne, Part-time Instructor in Social
Work, at a salary of $1,500 for 25% time for the spring
semester, 1987.
Mr. Ray Thomas Johnston, Part-time Instructor in Social
Work, at a salary of $2,0.00 for 25% time for the spring
semester, 1987.
Ms. Margaret D. Maxwell, 69, M.S.W. (Fordham
University, Part-time Instructor in Social Work, at a
salary of $1,750 for 25% time for the spring semester,
1987.
Mr. Roger Bruce McNellie, Part-time Instructor in
Social Work, at a salary of $1,500 for 25% time for the
spring semester, 1987.
Mr. ^ William E. Syers, Jr., Part-time Instructor in
Social Work, at a salary of $6,000 for 75% time for the
spring semester, 1987.
16. Applied Studies
The following faculty are teaching at the location and
for the salary indicated for the spring semester, 1987:
Dr. Duke Brannen Longview $1,43 6
Dr. Royce Burton Coffield 4,216
Dr. Ronald Claunch Coffield 1,091
Dr. Charlene Crocker Humble 1^540
Dr. Ralph Eddins Fairfield 1,488
Dr. Dale Fish Coffield 1,091
11
Dr. William Heeney
Dr. Harold Hill
Dr. Jerry Irons
Dr. Mary Ella Lowe
Dr. Samir Maamary
Dr. E. Wayne Murdock
Dr. Bruce Payette
Dr. Milton Payne
Dr. H. Douglas Prewitt
Dr. Kay Rayborn
Mr. Douglas L. Raymond
Mr. Jesse H. Richardson
Dr. Stephen N. Smith
Dr. Elvia Rodriguez
Dr. Jose Rodriguez
Dr. Robert Frank Smith
Dr. Donnya E. Stephens
Dr. Burt Stine
Dr. John Thornton
Dr. Elizabeth Vaughn
Dr. William F. Weber
17. University Affairs
Ms. ^Christine Gallatin, Office Manager in Student
Publications, at a salary of $10,683 for twelve months,
effective February 11, 1987.
Dr. Dan Wallace, Dean of Student Development,
salary of $43,500 for twelve months, effective
October 2, 1986.
at
87-30
Upon motion of Regent Rusche, seconded by Regent Jones, with
all members voting aye, it was ordered that the following
changes in status be approved:
1. Department of Elementary Education
Dr. Judy A. Barnes, Part-time Instructor in Elementary
Education, from 75% time at $6,000 to 100% time for
$7,000 for the spring semester, 1987. Dr. Barnes is
needed to supervise a section of student teachers.
Dr. Macra Brunson, Assistant Professor in Elementary
Education, for a one-time payment of $1,000 as overload
for supervising a section of student teachers.
12
2. Department of Home Economics
Ms. Janie 0. Kenner, Lecturer in Home Economics, to
extend her appointment through the spring semester,
1987, at a salary of $8,750 for 100% time for the
spring semester, 1987.
3. Department of Mathematics and Statistics
Dr. Robert Ryan Fleet, from Part-time Instructor at a
salary of $5,500 for 75% time to Lecturer in
Mathematics at a salary of $7,400 for 100% time for the
spring semester, 1987.
4. Department of Music
Ms. Suzanne Key, Part-time Instructor in Music, from
50% time at a salary of $6,000 for nine months, to
66.6% time at a salary of $4,000 for the spring
semester, 1987.
5. Department of Secondary Education
Ms. Paulette Wright, Lecturer in Secondary Education,
for a one-time payment of $1,000 as overload for
supervising a section of student teachers.
6. Department of Theatre
Mr. Allen H. Oster, Lecturer in Theatre, for an
additional payment of $1,218.75 for the spring
semester, 1987. Mr. Oster was needed to teach extra
classes due to the resignation of a faculty member.
Dr. Kenneth Waters, Professor of Theatre, for an
additional payment of $1,218.75 for the spring
semester, 1987. Dr. Waters was needed to teach extra
classes due to the resignation of a faculty member.
Dr. Lawrence Zillmer, Professor of Theatre, for an
additional payment of $1,218.75 for the spring
semester, 1987. Dr. Zillmer was needed to teach extra
classes due to the resignation of a faculty member.
7. University Advancement
Dr. Nancy Speck, from Director of University
Advancement to Vice President for University
Advancement, effective February 11, 1987, with no
change in salary.
8. University Affairs
13
Ms. Jo Ann Thacker, from Traffic Officer at a salary of
$5.25 per hour to Police Officer Trainee at a salary of
$12,293, effective December 12, 1986.
9. Computer Center
Mr. Ronald Keith Frazier, from Programmer at a salary
of $18,200 to Programmer/Analyst I at a salary of
$19,500, effective April 1, 1987.
Ms. Elizabeth Ann Mathis from Programmer/Analyst II
at a salary of $10,558 for 50% time to a salary of
$15,837 for 75% time.
87-31
Upon motion of Regent Wright, seconded by Regent Rusche,
with all members voting aye, it was ordered that the
following resignations be accepted:
1. Department of Agriculture
Ms. Mary Strong Greer, Beef Farm Manager, effective
March 7, 1987.
Dr. Fred G. Hooper, Part-time Instructor in
Agriculture, effective January 8, 1987.
Dr. James Edward Ward, Part-time Instructor in
Agriculture, effective January 8, 1987.
Dr. Mike W. Ward, Part-time Instructor in Agriculture
effective January 8, 1987. '
2. Department of Art
Ms. Anita Diane Cooke, Visiting Assistant Professor of
Art, effective January 1, 1987.
3. Department of Mathematics and Statistics
Mr. Stuart J. Gouvernante, Part-time Instructor in
Mathematics, effective January 14, 1987.
4. Department of Music
Dr. Cody Alan Garner, Professor of Music, effective
February 23, 1987.
5. Department of Theatre
Dr. Thomas Heino, Professor of Theatre and Chairman of
Department, effective February 10, 1987.
14
6. Division of Nursing
Ms. Janet V. Jones, Lecturer in Nursing, effective
February 27, 1987.
7. University Affairs
Ms. Pamela Gotti, Office Manager in Student
Publications, effective February 13, 1987.
Ms. Sheena Hachtel, Clinical Laboratory Scientist,
effective February 17, 1987.
Ms. Linda Kluckhohn, Counselor, effective April 1
1987.
8. Computer Center
Ms. Kimberley A. Reverman, Programmer/Analyst I,
effective March 13, 1987.
Ms. Kristi J. Ellsworth, Programmer, effective
April 7, 1987.
87-32
Upon motion of Regent Moore, seconded by Regent Rusche, with
all members voting aye, it was ordered that the following
terminations be approved:
1. Department of Administrative Services
Dr.(Andrew H. Ferguson, Assistant Professor in
Administrative Services, effective May 31, 1987.
2. Department of Economics and Finance
Dr. Stephen Louis Gardner, Assistant Professor in
Economics and Finance, effective May 31, 1987.
3. Department of Home Economics
Ms. Marjorie M. Judson, Instructor in Home Economics,
effective May 31, 1987
87-33
Upon motion of Regent Bryce, seconded by Regent Stripling,
with all members voting aye, it was ordered that the
following retirements be accepted:
15
1. Department of Counseling and Special Educational
Programs
Mr. Neill Hayes, Assistant Professor of Counseling and
Special Educational Programs, effective August 31
1987. '
Dr. Elnita Stanley, Professor of Counseling and Special
Educational Programs, effective August 31, 1987.
2. School of Forestry
Dr. Leonard Burkart, Professor of Forestry, effective
May 31, 1987.
3. University Affairs
Ms. Mary Jane Mangham, Senior Clerk in the University
Health Clinic, effective March 31, 1987.
4. Administrative and Fiscal Affairs
Ms. Mary Greene, Insurance Specialist, effective
February 28, 1987.
87-34
Upon motion of Regent Rusche, seconded by Regent Moore, with
all members voting aye, it was ordered that the following
requests for leave of absence be accepted:
1. Department of Biology
Dr. Charles Mims, Professor of Biology, for the
academic year, 1987-88.
2. Department of Health and Physical Education
Mr. Stan Bobo, Instructor in Health and Physical
Education, for the academic year 1987-88.
3. Department of Home Economics
Dr. Barbara Barrett, Assistant Professor in Home
Economics, from September 1, 1987 to September 1, 1988.
4. Administrative and Fiscal Affairs
Ms. Cathy Allen, Employee Relations Counselor,
effective March 23, 1987 through September 14, 1987.
16
87-35
Upon motion of Regent Bryce, seconded by Regent Wright, with
all members voting aye, it was ordered that the followinq
faculty be granted tenure, effective September 1, 1987:
Dr. Wilbur Rhea Clark, Accounting
Dr. James Robert Hemingway, Accounting
Dr. Timothy W. Clipson, Administrative Services
Dr. R. Dale Perritt, Agriculture
Dr. John P. Walter, Agriculture
Dr. Dale E. Fish, Counseling and Special Educational
Programs
Dr. Hebe Mace, English
Dr. Malcolm D. MacPeak, Forestry
Dr. Ernest Ledger, Geology
Dr. Larell Neilson, Geology
Dr. Pedro Escamilla, Modern Languages
Mr. Andrew Parr, Music
Dr. Douglas Prewitt, Secondary Education
Dr. Robert Szafran, Sociology
87-36
Upon motion of Regent Wright, seconded by Regent Stripling
with all members voting aye, it was ordered that the
professors listed below be awarded Regents Professorships as
indicated.
Regents Professor for Teaching -
Dr. David Petty, Professor of Sociology
Regents Professor for Research -
Dr. Neal Houston, Professor of English
87-37
Upon motion of Regent Rusche, seconded by Regent Moore, with
all members voting aye, it was ordered that the designation
of the Home Economics major in Food Systems Management be
changed to^ Hotel/Restaurant Management and that the
administration be authorized to seek approval from the
Coordinating Board for the change.
87-38
Upon motion of Regent Rusche, seconded by Regent Moore, with
all members voting aye, it was ordered that the 1987 Summer
Budget, as submitted under separate cover, be approved.
17
FINANCIAL CERTIFICATION
In accordance with the request of the Board of Regents, the
President of the University and the Vice President' for
Administrative and Fiscal Affairs certify, to the best of
their knowledge and belief, that:
1. All accounting reports submitted to the Board of
Regents contain information resulting from
procedures that are in compliance with state law
and regulations and are correct;
2. That all^ funds are on deposit with approved
depositories as authorized by the Board on July
28, 1986.
87-39
Upon motion of Regent Bryce, seconded by Regent Wright, with
all^ members voting aye, it was ordered that the
Administration be authorized to accept bids for the purchase
of a mini-bus and the President authorized to sign the
purchase order with the approval of the Chairman of the
Board.
Source of Funds: Auxiliary Enterprise Surplus
87-40
Upon motion of Regent Jones, seconded by Regent Rusche, with
all^ members voting aye, it was ordered that the
Administration be authorized to accept bids for the purchase
of a disc drive for the mainframe computing system.
Source of Funds: Higher Education Assistance Fund
87-41
Upon motion of Regent Bryce, seconded by Regent Stripling,
with all members voting aye, it was ordered that the
contract with Rotan-Mosle Securities Corporation, to serve
as the University's financial advisor in designing and
selling a bond issue to finance the expansion of the field
house, be approved and the Chairman of the Board be
authorized to sign the contract.
87-42
Upon motion of Regent Stripling, seconded by Regent Rusche,
with all members voting aye, it was ordered that the
contract with Pineywoods Investment Co., Inc. in the amount
of $325,000 for the Miscellaneous Projects-1987 be approved
18
as listed below and that the Chairman of the Board be
authorized to sign the contract: (See Page for Contract)
1. Replacement of exit doors and frames at Halls 8,
10, 11, 15, 17, and 18 and at the Coliseum.
Source of Funds: Repair and Replacement Funds and
Pledged Property Surplus
2. Replace Ticket Booths at Homer Bryce Stadium.
Source of Funds: Pledged Property Surplus
3. Replacement of Coolers in the East College
Cafeteria.
Source of Funds: Repair and Replacement Funds
4. Construction of a Restroom and Storage Facility at
Intramural Field.
Source of Funds: Pledged Property Surplus
87-43
Upon motion of Regent Wright, seconded by Regent Rusche,
with all members voting aye, it was ordered that the budget
for the Miscellaneous Projects - 1987 be approved as
presented below:
Contract Work $325,000
Architects & Engineering Fees 26,000
Administration 5 tqqq
Total Budget $356,000
87-44
Upon motion of Regent Rusche, seconded by Regent Moore, with
all members voting aye, it was ordered that the contract in
the amount of $162,700 with Hayes-Miller Roofing, Inc. for
the Re-roofing Project-1987 (Music Building, Boynton
Building, Security Building, and Hall 14) be approved and
that the Chairman of the Board be authorized to sign the
contract. (See Page for Contract)
Source of Funds: Ad Valorem Tax Funds - (Estimated 4 0%
of Project Cost)
Repair and Replacement Reserves -
(Estimated 60% of Project Cost)
87-45
Upon motion of Regent Moore, seconded by Regent Rusche, with
all members^ voting aye, it was ordered that the budget for
the Re-roofing Project-1987 be approves as presented below:
19
Contract Work $162,700
Architect's Fees 13 160
Administration 2'000
Total Budget TT^"
87-46
Upon motion of Regent Moore, seconded by Regent Bryce, with
all members voting aye, it was ordered that the contract in
the amount of $39,997.00 with Southwest Engineers for the
removal of p.c.B. contaminates in electrical transformers be
approved and that the Chairman of the Board be authorized to
sign the contract.
Source of Funds: Repair and Replacement Reserve
Ad Valorem Tax Funds.
87-47
Upon motion of Regent Jones, seconded by Regent Wright, with
all member voting aye, it was ordered that the contract in
the amount of $149,650.00 with Whitaker Environmental
Services, Inc. for the removal of asbestos in Halls 7, 10
and 13 be approved and that the Chairman of the Board be
authorized to sign the contract.
Source of Funds: Repair and Replacement Reserves
87-48
Upon motion of Regent Rusche, seconded by Regent Moore, with
all members voting aye, it was ordered that the contract in
the amount of $134,440.00 with Adden Furniture, Inc. for
refurnishing of Mays Hall be approved and that the Chairman
of the Board be authorized to sign the contract.
Source of Funds: Repair and Replacement Reserves
87-49
Upon motion of Regent Bryce, seconded by Regent Stripling,
with all members voting aye, it was ordered that the
Administration be authorized to re-bid the bedding portion
of furnishings for Mays Hall, and that the President be
authorized to sign the purchase order.
Source of Funds: Repair and Replacement Reserves
87-50
Upon motion of Regent Moore, seconded by Resent Stripling,
with all members voting aye, it was ordered that the
contract in the amount of $105,272.00 with East Texas
Carpets, Inc. for recarpeting Halls 15, 17, 18,. and 19 in
20
the hallways be approved and that the Chairman of the Board
be authorized to sign the contract.
Source of Funds: Repair and Replacement Reserves
87-51
Upon motion of Regent Bryce, seconded by Regent Rusche, with
all members voting aye, it was ordered that the contract in
the amount of $120,321.75 with F. R. Lewis Construction
Company for the Drainage and Parking Improvements at the
Units be approved and the Chairman of the Board be
authorized to sign the contract. (See page for Contract).
Source of Funds: Pledged Property Surplus
87-52
Upon motion of REgent Moore, seconded by Regent Stripling
with all members voting aye, it was ordered that the budget
for the Drainage and Parking Improvements at the Units be
approved as presented below:
Contract Work $120,321.75
Architects and Engineering Fees 11,000.00
Administration 2,500.oo
Total Budget $133,821.75
87-53
Upon motion of Regent Bryce, seconded by Regent Rusche, with
all members voting aye, it was ordered that the contract in
the amount of $8,340.00 with Tower Engineering for the
replacement of the cooling tower on the Boynton Building be
ratified.
Source of Funds: Ad Valorem Tax Funds
87-54
Upon motion of Regent Rusche, seconded by Regent Jones, with
all members voting aye, it was ordered that the contract in
the amount of $87,678.00 with Carrier Building Services for
the replacement of the chillers at Home Economics North,
Forestry, and the Music Building be approved and the
Chairman of the board be authorized to sign the contract.
Source of Funds: Ad Valorem Tax Funds
87-55
Upon motion of Regent Moore, seconded by Regent Stripling,
with all members voting aye, it was ordered that the
21
contract in the amount of $46,800.00 with Drew Wood
Construction for the replacement of boilers at Halls 14 and
16 be approved and the Chairman of the Board be authorized
to sign the contract.
Source of Funds: Repair and Replacement Reserves
87-56
Upon motion of Regent Rusche, seconded by Regent Stripling
with all members voting aye, it was ordered that the
Administration be authorized to take bids for the repair of
the spillway, dam and drainage ditch at Hall 20, and that
the President be authorized to sign the contract with the
approval of the Chairman of the Board.
Source of Funds: Balance Remaining in the Construction
Account and Pledged Property Surplus if
needed.
87-57
Upon motion of Regent Stripling, seconded by Regent Bryce
with all members voting aye, it was ordered that an easement
and right of way for water line access to land leased by the
city for a water tower facility be ratified.
87-58
Upon motion of Regent Moore, seconded by Regent Jones, with
all members voting aye, it was ordered that the preliminary
plans for the Field House expansion be approved.
Source of Funds: Pledged Property Surplus and/or Bond
Proceeds
87-59
Upon motion of Regent Stripling, seconded by Regent Rusche
with all members voting aye, it was ordered that the
Resolution honoring Mr. Larry Jackson be approved. fSee
page for Resolution).
87-60
Upon motion of Regent Moore, seconded by Regent Bryce, with
all members voting aye, it was ordered that the Resolution
honoring Mr. William Fletcher Garner be approved. (See paqe
for Resolution). * *
22
AGREEMENT BETWEEN OWNER AJJD CONTRACTOR
THE STATE OF TEXAS
KNOW ALL MEN BY THESE PRESENTS
COUNTY OF NACOGDOCHES
AGREEMENT
made as of the Twenty First day of April in the year of Nineteen Hundred and
Eighty Seven
BETWEEN THE OWNER: STEPHEN F. AUSTIN STATE UNIVERSITY,
NACOGDOCHES, TEXAS 75962, acting herein
through its Chairman
AND THE CONTRACTOR: PINEYWOODS INVESTMENT CO., Inc.
P. 0. BOX 1068
808 N. UNIVERSITY DRIVE
Nacogdoches, Texas 75961
THE PROJECT: MISCELLANEOUS PROJECTS - 1987
STEPHEN F. AUSTIN STATE UNIVERSITY
NACOGDOCHES, TEXAS
THE ARCHITECT: MARSELLOS AND SCOTT
ARCHITECTS-ENGINEERS
404 PERRY BUILDING
LUFKIN, TEXAS 75901
The Owner and the Contractor agree as set forth below:
23
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
MISCELLANEOUS PROJECTS - 1987
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 and subject to
authorized adjustments, Substantial Completion shall be achieved as follows:
EAST COLLEGE CAFETERIA:
Start May 18, 1987
Stop construction from June 10 thru June 22 to allow
Owner to use building. Proceed with construction June 23,
1987 and complete by August 15, 1987•
ALL OTHER PROJECTS:
Start April 22, 1987
Complete not later than August 15, 1987.
-2-
24
The Contractor further agrees to pay as liquidated damages the sum of $150.00 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 THREE HUNDRED TWENTY FIVE THOUSAND AND NO/100 DOLLARS
($325,000.00) out of current 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 & CONTRACT AMOUNT $325,000.00
25
ARTICLE 5
PROGRESS PAYMENTS
Based upon Applications for Payment submitted to the Architect by the Contractor and
Certificates for Payment issued by the Architect, the Owner shall make progress
payments on account of the Contract Sum to the Contractor as provided in the Contract
Documents for the period ending the last day of the month as follows:
Not later than Thirty days following the end of the period covered by the Application
for Payment Ninety percent (90$) of the portion of the Contract Sum properly
allocable to labor, materials and equipment incorporated in the Work and Ninety
percent (90?) 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 (90$) 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
-k-
26
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:
Drawings and Specifications entitled
"MISCELLANEOUS PROJECTS - 1987"
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 11, 1987, Pages 1 thru 2
Addendum NO. 2, dated March 23, 1987, Pages 1 thru 2
2. This contract is to cover the General Contract work,
Plumbing, Mechanical and Electric work, complete.
27
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*
*J. The work called for and included in this Agreement is to be
subject to the observation 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
Ownerfs priority.
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
-6-
28
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; in
cluding those of Article 5160 Revised Civil Statues of Texas,
1925, as amended by House Bill 3^1 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, con
forming to the following schedule:
a) Compensation and Employerfs 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 occur
rence; Property Damage Insurance in an amount not less than
$300,000.00-
Comprehensive Auto Liability:
Bodily Injury Liability:
$500,000.00 - each person
$500,000.00 - each occurrence
Property Damage Liability
$300,000.00 - each occurrence
29
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 H.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 follow
ing 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 Castastrophic 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, toget
her with a certificate from the insurance carrier that
the insurance will not be cancelled or permitted to
lapse until fifteen (15) days written notice of said
impending cancellation has been given to the Owner.
-8-
30
7. Builder's Risk Insurance: The Contractor shall provide
Builder's Risk Insurance (Fire, extended coverage, vandalism
and malicious mischief) as specified on Page 6 of "Supplementary
Conditions" on a 100? completed value basis in the names of the
Contractor, Subcontractors, Owner and Architect, as their interests
appear.
Subrogation: This insurance shall not be invalidated should
the named insured waive in writing prior to a loss any right
of recovery against any party for loss occuring to the property
described,
8. 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 whatsoever.
9. For purposes of complying with the State of Texas Sales Tax,
the following is a division between labor and materials.
Labor j ~$5,?€{■>.c o
Materials j<]-O/Ctc -co
Total $325,000.00
Contractor hereby assigns to Owner any and all claims for over
charges associated with this contract which arise under the anitrust
laws of the United States, 15 U.S.C.A. Sec. 1 et seq. (1973).
31
IN WITNESS WHEREOF, the parties of these presents have executed
this Contract in four (*l) counterparts, each of which shall be deemed
an original in the year and day first above mentioned.
BOARD OF REGENTS
STEPHEN F. AUSTIN STATE UNIVERSITY
BY
CHAIRMAN
PINEYWOODS INVESTMENT CO., INC.
P. 0. BOX 1068
808 N. UNIVERSITY DRIVE
NACOGDOCHES, TEXAS 75961
ADDRESS
SEAL
' o 7
READ AND EXAMINED:
BY
_Seeretary
(1)
(2)
(3)
Board of Regents, Stephen F. Austin State University
Corporation name of Owner
Title of authorized official
Strike out inapplicable terms. Secretary of the Owner should
attest. If Contractor is corporation, Secretary should attest.
nrnnpp nT <=>ar>h non^n
32
(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 (1)
&)_.._■ Jji.c..
of <2) Nacoqdoches, Texas hereinafter called
Principal and (3) United States. f.iite.1.i.ty. and, £iJaraniy_ tajL pa/iy^ of
— Dallas . state of Texas_
hereinafter called the Surety, are held and firmly bound into (l|)
BOARD OF REGgNTS. STEPHEN F.
hereinafter called Owner, in the penal sum of Three Hundred Twenty-
Five Thousand and No/100
D0LLARS (* 325,000.00 ), in lawful BOney 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 TINTVFR.stty^
the Owner, dated the 21st day of Apri 1 > A> D> ^
p "7
19—it a copy of which is attached hereto and made a part hereof
for the construction of:
Miscellaneous Projects - 1987, Stephen F. Austin State University,
Nacogdoches, Texas 75962 ~ ~ ~ —
(Herein called the "Work").
-2- 33
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 Xhe Surety, and, if he shall satisfy all claims and demands
incurred under such Contract, and shall fully indemnify and save
harmless of 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 Nacofldoches
County, State of Texas and that the said Surety, for value received
•hereby stipulates 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 to the Specifications.
PROVIDED, HOWEVER, that this bond be 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.
34
-3-
IN WITNESS WHEREOF, this instrument is executed in six
counterparts, each one of which shall be deemed an original, this the
21st _day of April
ATTEST:
... A.D., 19 87.
(Principal) Secretary
PINEYWOODS INVESTMENT CO., INC.
Principal
BY ^J^-^-t^Ck 'Q/CtiC**^
R. Gerald Jones, //President
SEAL
Witness as to Principal
Address
ATTEST:
(Surety) Secretary
UNITED STATES FIDELITY AND GUARANTY
Attorney-x-n-Fact
Joe Max Green
Witness as to Surety
Nacoqdoches.
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.
Correct name of Surety
Correct name of Owner
(5) County or Parish and State
(6) Owner
(7) If Contractor is Partnership, all partners should
execute bond.
(3)
CERTIFIED COPY
GENERAL POWER OF ATTORNEY
No &J.795
35
Know all Men by these Presents:
That UNITED STATES FIDELITY AND GUARANTY COMPANY, a corporation organized and existing under the law. 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
Joe Max Green
of the City of Nacogdoches
its true and lawful attorney in and for the State of Texas
, 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 sa5
Joe Max Green
may lawfully do in the premises by virtue of these presents.
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 26th
February , A. D. 1971
UNITED STATES FIDELITY AND GUARANTY COMPANY.
day of
(SEAL)
STATE OF MARYLAND,
BALTIMORE CITY,
( Signed)
(Signed)
By K Wl. H •.. Doerre
Vice-President.
H# Ronald Kirkland
Assistant Secretary.
On this day of February 71
A. D. 19 , before me personally came
26th
Karl H . Doerre t Vice-President of the UNITED STATES FIDELITY AND GUARANTY
COMPANY and H. Ronald Kirkland , Assistant Secretary of said Company, with both of
whom I am personally acquainted, who being by me severally duly sworn, said that they resided in the Gty of Baltimore Maryland-that
they, the said Karl H. Doerre and H. Ronald Kirkland were'respectively
the Vice-President and the Assistant Secretary of the said UNITED STATES FIDELITY AND GUARANTY COMPANY, the cor
poration 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 corpora
tion, and that they signed their names thereto by like order as Vice-President and Assistant Secretary, respectively, of the Company.
My commission expires the first day in July, A. D. 19. .7.4
Herbert J. Aull
Notary Public.
Set.
(SEAL) (Signed)
STATE OF MARYLAND ]
BALTIMORE CITY, J
I, Robert H. Bouse , Qerk of the Superior Court of Baltimore Gty, which Court is a
Court of Record, and hai a seal, do hereby certify that Herbert J . AUll , Esquire, before
whom the annexed affidavit* were made, and who has thereto subscribed hi* name, was at the time of so doing a Notary Public of the
Slate of Maryland, in and for the Gty 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 &e*l of the Superior Court of Baltimore Gty, the same being a Court
of Record, this 26th day of February , A. D. 19 71
(SEAL)
FS 3 (9-67)
( Signed) ?.?ber t H. Bouse
Clerk of the. Superior Court of Baltimore City.
36
COPY OF RESOLUTION
That Whereat, 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.
Therefore, 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 bond* and undertaking*, required or permitted in all actions or proceedings, or
by law allowed, and
Aho, 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 wcurity 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.
J> 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
Joe Max Green
°/ 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 21,(Dlt9p.
Assistant Secretary.
37
(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
(1) Pineywoods Investment Co., Inc.
a (2) Corporation •
of Nacogdocjies^J_ex_as_ hereinafter called Principal and
(3)United States Fidelity and ay Guaranty Company of Dallas - ,
State of Texas hereinafter called the Surety,
are held and firmly bound unto (i|) BOARD OF REORftJ_5^
^IEPJHE1LJE.^JLILSIIN 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 Tv/enty^rive Thc>usand and No/100
-^""""".^ DOLLARSf* 325,000.00 )
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, adminis
trators 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, 21st day of March , A.D., 1987,
-2- 38
a copy of which is hereto attached and made a part hereof for the
construction of: Miscellaneous Projects - 1987, Stephen F. Austin
State University, Nacogdoches^^Texas 75962
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 3i|l|. 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 of action under the bond as
provided in Article 5160, Revised Civil Statutes, 1925, as
amended by House Bill 3M. 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 performed thereunder or the Specifications accompanying the
same shall in any vise 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.
39
-3-
IN WITNESS WHEREOF, this instrument is executed in six
counterparts, each one of which shall be deemed an original, this the
21st day of April , A.D., 1987 .
ATTEST:
SEAL
Witness as to Principal
jJMITED STATES RDELJTY__AND__GUA_RANTY COMPANY
Suppty
(Surety) Secretary / / Attorney-in-t'act '
^ Joe Max Green
Witness as to Surety
Nacoqdoches, Texas
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
(H) Correct name of Owner
(5) County or Parish and State
(6) . Owner
(7) If Contractor is Partnership, all partners should
40
CERTIFIED COPY
GENERAL POWER OF ATTORNEY
No .9179.5
Knoxc all Men by these Present f
^^^
Joe Max Green
of the City of Nacogdoches f Statc of Texas
its true and lawful attorney in and for the State of Texas
for the following purposes, to wit:
.. -d ,o execute seal and acknowledge any and all bonds, and to respectively do and perform any and
resolunon of the Board of Directors of (he said UNITED STATES FIDELITY AND GUARANTY
" "=to annexed and made a pan of this Power of Attorney; and the said UNITED STATES
ihrough us, its Board of Directors, hereby ratifies and confirms all and whatsoever the said
Joe Max Green
may lawfully do in the premises by virtue of these presents.
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 26th H ,
February , A. D. 19 71 '
UNITED STATES FIDELITY AND GUARANTY COMPANY.
(Signed) By Karl H* Dperre
(SEAL) Vice-President.
(Signed) H. Ronald Kirkland
Assistant Secretary
STATE OF MARYLAND, |
BALTIMORE CITY, J s&:
On this 26th day of February # A D 19 71 ^
Karl H.
X L7 t.Rok?iaK1 Ai|n^
the Vice-President and the Assistant Secretary of the said UNITED STATES FIDELITY AND GUARANTY COUpTnY^
pontion described in and which executed the foregoing Power of Attorney; that they each knew the seal of said corporation- tint Ac
seal affixed to said Power of Attorney was such corporate seal, that it was so fixed by order of the Board of Director* of said corpora
t,on. and that they signed their name* thereto hy like order a. Vic*-President and Assistant Secretary, respectively, of the SU"
My commission expires the first day in Ju]y, A. D. 19. .7.4.....
(SEAL) (Signed) Herbert J. Aull
STATE OF MARYLAND | ^ry Public.
BALTIMORE CITY. / ScU
C rt'iR ,T°bArt " * , ^°u SCu , ' C1"k °f ^ Superi°r C0Urt of BsWm°« City, which Court is a Court of Record and ha. . seal, do hereby certify that Herbert J. Aull E.ouireTe o«
whom th,, annexed affidavit, were made, and who ha. thereto subscribed hi. name, wa. at the time of so doing a Notary PuMc" of the
S ate o Maryland. ,» and for the Gty of Bahimor,, duly commissioned and .worn and authored by law to administer oaths and take
acknowledgments, or oroof of deedA tn h/» T^mrA^A tV,^^;n T f,^k« ♦;*.. »l.. t _^ . - Noun".! reTw-PrOOi " l° t r°rdCd tl'erei11- ! fimh" "^^ *" ! Sm aC<IUaimed With lhe h-ndwriti^ of the .lid Notary, and venly hebeve the signature to be hia genuine signature.
of Record, this 26th day of February ° ° , a.^a°19 71^' e SAme ^^ a Court
(SEAL) (Signed)
jpg 3 (9.67) - Clerk of th* Superior Court of Baltimore Cay.
41
COPY OF RESOLUTION
That Whereat 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
ol the Dominion of Canada and in the Colony of Newfoundland.
Therefore, be it Re.olved, that this Company do, and it hereby does, authorize and empower its President or either of its Vice-
Presidents in conjunct.** with its Secretary or one of its Assistant Secretaries, under its corporate seal, to appoint any person or persons
as attorney or attorneysin-fac. 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 police, and executing or guaranteeing l>ond, and undertaking., required or permitted in all actions or proceedings, or
by law allowed, and
AUo, 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
Dom.nion 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 whatsovcr, 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.
l> 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
Joe Max: Green
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 Appil ^ ^^
(Date)
Assistant Secretary.
CERTIFICATE OF INSURANCE
AIA DOCUMENT C705
42
■**«••■ ■• *«
Name and Address of Insured Pineywoods Investment Co
Gerald Jones, P.O. Box 1068, Nacogdoches, TX
Covering (Project Name and Location)
Addressee: i~ ~|
(Owner) Board of Regents
Stephen F. Austin State University
P.O. Box 6108, SFA Station
Nacogdoches, TX 75962 J
COMPANIES AFFORDING COVERAGE
D
F
"**" '° "*" -,usions, h... been Usued ,„
TYPE OF INSURANCE
1. (a) Workers' Compensation
(b) Employer's Liability
2. Comprehensive General
Liability including:
S Premises - Operations
^ Independent Contractors
2££ Products and Completed
Operations
S Broad Form Property
Damage
S Contractual Liability
20 Explosion and Collapse
Hazard
S Underground Hazard
X± Personal Injury with
Employment Exclusion
Deleted
3. Comprehensive Automobile
Liability
S Owned
3: Hired
S Non-Owned
4. Excess Liability
£? Umbrella Form
D Other than Umbrella
5. Other (Specify)
Builder's Risk
CO.
CODE
185536587
IMP
07268004
POLICY
NUMBER
cc
71339378
:ep
>43758649
EXPIRATION
DATE
-18-88
-18-88
3-18-85
3-18-85
LIMITS OF LIABILITY IN THOUSANDS
Statutory
Bodily Injury
Property Damage
Bodily Injury
and Property
Damage Combined
EACH
OCCURRENCE
AGGREGATE
$ 500 Each Accident
* 500
$ 500
•Applies to Products and Completed
Operations Hazard
Bodily Injury
(Each Person)
Bodily Injury
(Each Accident)
Property Damage
Bodily Injury
and Property
Damage Combined
Bodily Injury
and Property
D
py
Damage Combined
$ 500
$ 500
$ 250
$
1,000
* 500
$ 500
500
(Personal
1 n j u ry)
1,000
D 2 year(s)
in the event
Joe Max Green Insurance Agency, Inc.
Name of Issuing Agency
P.O. Box 1202, Nacogdoches, TX 75963
Address
{k^HjuL
Signature of Authorized Representative
4-8-87
C705—1978
43
AGREEMENT BETWEEN OWNER AND CONTRACTOR
THE STATE OF TEXAS
KNOW ALL MEN BY THESE PRESENTS
COUNTY OF NACOGDOCHES
AGREEMENT
made as of the Twenty First day of April in the year of Nineteen Hundred and
Eighty Seven
BETWEEN THE OWNER: STEPHEN F. AUSTIN STATE UNIVERSITY,
NACOGDOCHES, TEXAS 75962, acting herein
through its Chairman
AND THE CONTRACTOR: HAYES MILLER ROOFING, INC.
505 EAST COTTON STREET
LONGVIEW, TEXAS 75606
THE PROJECT: RE-ROOFING - 1987
STEPHEN F. AUSTIN STATE UNIVERSITY
NACOGDOCHES, TEXAS
THE ARCHITECT: MARSELLOS AND SCOTT
ARCHITECTS-ENGINEERS
H04 PERRY BUILDING
LUFKIN, TEXAS 75901
The Owner and the Contractor agree as set forth below:
44
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
RE-ROOFING 1987
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 about MAY 16,
1987 and, subject to authorized adjustments, Substantial Completion shall be
achieved not later than AUGUST 10, 1987.
-2-
45
The Contractor further agrees to pay as liquidated damages the sum of $150.00 per day
for each consecutive calendar day thereafter the work remains unfinished as
specified in Paragraph 1.H1 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 ONE HUNDRED SIXTY TWO THOUSAND SEVEN HUNDRED DOLLARS
($162,700.00) out of current 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 & CONTRACT AMOUNT $162,700-00
-3-
46
ARTICLE 5
PROGRESS PAYMENTS
Based upon Applications for Payment submitted to the Architect by the Contractor and
Certificates for Payment issued by the Architect, the Owner shall make progress
payments on account of the Contract Sum to the Contractor as provided in the Contract
Documents for the period ending the last day of the month as follows:
Not later than Thirty days following the end of the period covered by the Application
for Payment Ninety five percent (95?) of the portion of the Contract Sum properly
allocable to labor, materials and equipment incorporated in the Work and Ninety Five
percent (95$) 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
47
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:
Drawings and Specifications entitled "RE-ROOFING - 1987
STEPHEN F. AUSTIN STATE UNIVERSITY, NACOGDOCHES, TEXAS"
Sheet and Section numbers as listed in Paragraph 1.1 of
"Supplementary Conditions" and the following:
1. This contract is to cover the General Contract work, complete.
-5-
48
2. 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.
3. The work called for and included in this Agreement is to be
subject to the observation 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.
^J. 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.
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
49
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; in
cluding those of Article 5160 Revised Civil Statues of Texas,
1925, as amended by House Bill 3^, Acts 56th Legislature,
Regular Session, 1959, effective April 27, 1959.
5. The Contractor shall effect, pay for and maintain during the
life of this Contract insurance acceptable to the Owner, con
forming 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 occur
rence; Property Damage Insurance in an amount not less than
$300,000.00.
Comprehensive Auto Liability:
Bodily Injury Liability:
$500,000.00 - each person
$500,000.00 - each occurrence
Property Damage Liability
$300,000.00 - each occurrence
50
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
Contractors obligations under Paragraph JJ.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 follow
ing 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 Castastrophic 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, toget
her with a certificate from the insurance carrier that
the insurance will not be cancelled or permitted to
lapse until fifteen (15) days written notice of said
impending cancellation has been given to the Owner.
-8-
51
6. Builder's Risk Insurance: The Contractor shall provide Builder's
Risk Insurance (Fire, extended coverage, vandalism and malicious
mischief) as specified in Paragraph 1.5A of "Supplementary Con
ditions" on a 100? completed value basis in the names of the
Contractor, Subcontractors, Owner and Architect, as their interests
appear.
Subrogation: This insurance shall not be invalidated should
the named insured waive in writing prior to a loss any right of
recovery against any party for loss occurring to the property
described.
7* 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 whatsoever.
8. For purposes of complying with the State of Texas Sales Tax,
the following is a division between labor and materials.
Labor 89,126.00
Materials 73,574.00
Total $162,700.00
9. Contractor hereby assigns to Owner any and all claims for over
charges associated with this contract which arise under the anitrust
laws of the United States, 15 U.S.C.A. Sec. 1 et seq. (1973).
-9-
52
IN WITNESS WHEREOF, the parties of these presents have executed
this Contract in four (k) 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 \Jaa,\
CHAIRMAN
HAYES MILLER ROOFING, INC.
505 EAST COTTON STREET
LONGVIEW, TEXAS 75606
ADDRESS
SEAL
READ AND EXAMINED:
^Secretary
Board of Regents, Stephen F. Austin State University
(1) Corporation name of Owner
(2) Title of authorized official
(3) Strike out inapplicable terms. Secretary of the Owner should
attest. If Contractor is corporation, Secretary should attest.
Give proper title of each person executing Contract.
53
PERFORMANCE
(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 NACOCDOCHES
KNOW ALL MEN BY THESE PRESENTS: That we (1)
HAYES-MILLER ROOFING^ INC.
of (2) CORPORATION
KC> ____ . hereinafter called
Principal and (3) Employers Ins, of Wausau, A Mutual Company f
- Wausau . . State of Wisconsin
1 " ■ >
hereinafter called the Surety, are held and firmly bound into (if)
.BOARD OF REGENTS. STEPHEN F. AM.STTM STtTB;..."JLTJERgllX
hereinafter called Owner, in the penal sum of One hudred sixty two
thousand, seven hundred
D0LLARS (*.162,700.00 ), in lawful money of the Unite(j
States, to be paid in (5) NACOGDOCHES COUNTY. TEXAS
for the payment of which sum well and truly to be made, we bind
ourselves, our heirs, executors, administrators and successors,
jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION is such that Whereas,
the Principal entered into a certain Contract with (6)
BOARD OF REGENTS, STEPHEN F. AUSTIN STATE UNIVERSITY,
the Owner, dated the lst- riay of April ^ A. D..
19_£L, a copy of which is attached hereto and made a part hereof
for the construction of:
RE-ROOFING - 1987, STEPHEN F. AUSTIN UNIVERSITY, NACOGDOCHES,TEXAS
(Herein called the "Work").
54
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 of 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 Nacogdochea
County. State of Texas and that the said Surety, for value received
hereby stipulates 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 to the Specifications.
PROVIDED, HOWEVER, that this bond be 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.
55
-3-
IN WITNESS WHEREOF, this instrument is executed in six
counterparts, each one of which shall be deemed an original, this the
1ST jjay of APRIL ... A.D., 19 87 .
ATTEST:
Witness as to Principe
p.D.
Address
ATTEST:
HAYES-MILLER ROOFING, INC.
(Principal) Secretary
SEAL
?&8
R. J. BESTEMAN
(Surety) Secretary
. Employers Ins,_pf^Wausauj_
Surety
Co.
Attorney-in-Fact 'GEORGE GRANTHAM
Witness as to Surety
WAUSAU, WISCONSIN
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.
EMP1OVERS INSURANCE Of WAUSAU A Mutual Company
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS:
That the EMPLOYERS INSURANCE OF WAUSAU A Mutual Company, a corporation duly organized and existing under
the laws of the State of Wisconsin, and having its principal office in the City of Wausnu, County of Marathon. State of
Wisconsin, has made, constituted and appointed, and does by these presents make, constitute and appoint
GEORGE GRANTHAM
its true and lawful attorney-in-fact. with full power and authority hereby conferred in its name, place and stead to execute
seal, acknowledge and deliver ANY OR ALL BONDS. UNDERTAKINGS. RECOGNIZANCES OR OTHER WRITTEN
OBLIGATIONS IN THE NATURE THEREOF NOT TO EXCEED THE PENAL SUM OF FIVE MILLION
DOLLARS ($5,000,000).
56
2
LJ
C and to bind the corporation thereby as fully and to the same extent as if such bonds were signed by the President, sealed with
£- the corporate seal of the corporation and duly attested by its secretary hereby ratifying and confirming all that the said
_, nttorney-in-fact may do in the premises.
- This power of attorney is granted pursuant to the following resolution adopted by the Board of Directors of said Company at a
>p meeting duly called and held on the 18th day of May, 1973. which resolution is "still in effect:
'"RESOLVED, that the President and any Vice President — elective or appointive — of EMPLOYERS INSURANCE OF
WAUSAU A Mutual Company be. and that each of them hereby is. authorized to execute powers of attorney qualifying
the attorney named in the given power of attorney to execute on behalf of EMPLOYERS INSURANCE OF WAUSAU A
Mutual Company bonds, undertakings and all contracts of suretyship; and that any secretary or assistant secretary be.
and that each or any of them hereby is. authorized to attest the execution of any such power of attorney and to attach
thereto the seal of EMPLOYERS INSURANCE OF WAUSAU A Mutual Company."
"FURTHER RESOLVED, that the signatures of such officers and the seal of EMPLOYERS INSURANCE OF WAUSAU
A Mutual Company may be affixed to any such power of attorney or to any certificate relating thereto by facsimile, and
any such power of attorney or certificate bearing such facsimile signatures and facsimile seal shall be valid and binding
upon the EMPLOYERS INSURANCE OF WAUSAU A Mutual Company when so affixed and in the future with respect
to any bond, undertaking or contract of suretyship to which it is attached"
IN WITNESS WHEREOF. EMPLOYERS INSURANCE OF WAUSAU A Mutual Company has caused these presents to be
C_
f-c
z
co
LL1
C
c
z
cz
c
h-
C
C
<
I
C
z
CO
CO
signed by the senior vice president and attested by its assistant secretary, and its corporate seal to be hereto affixed this
n( MARCH iq 86 '
EMPLOYERS INSURANCE OFJ^AUSAU_A Mutual Company
Bv
1ST dav
Senior Vice President
Attest:
R. J.
STATE OF WISCONSIN )
)ss.
COUNTY OF MARATHON )
On this 1 ST day of
R. C. Retterath
Assistant Secretary
MARCH . 19 86 . before me personally came
—— to me known, who being by me duly sworn, did depose
and say that he is a senior vice president of ihc EM PLOYERS INSURANCE OF WAUSAU A Mutual Company." the corporation described in
and which executed the above instrument: that he knows the seal of said corporation: that the seal affixed to said instrument is such corporate
seal and that ii was so affixed by order of the Board of Directors of said corporation and that he signed his name thereto by like order.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the dav and vear herein first above written.
d,
Patricia A. Kleman Notary Public
NOTARY PUBLIC
STATE OF WISCONSIN
MY COMMISSION EXPIRES JUNE 8. 1986
STATE OF WISCONSIN i CERTIFICATE
CITY OF WAUSAU ) ss
COUNTY OF MARATHON )
I. the undersigned, assistant secretary of EMPLOYERS INSURANCE OF WAUSAU A Mutual Company, a Wisconsin
corporation, do hereby certify that the foregoing and attached power of attorney. WHICH MUST CONTAIN A
VALIDATING STATEMENT PRINTED IN THE MARGIN THEREOF IN RED INK. remains in full force and has
not been revoked: and furthermore that the resolution of the Board of Directors set forth in the power of attorney is still in force.
Signed and sealed in the City of Wausau. Marathon County. State of Wisconsin, this
of APRIL 19_87
R. J. Besteman Assistant Secretary
57
PAYMENT BOND
(To be used in Texas as required by Chapter 93 of
the Regular Session of the 56th Legislature of Texas)
THE STATE OF TEXAS
COUNTY OF NACOGDOCHES
a
KNOW ALL MEN BY THESE PRESENTS: That we
|) HAYES-MILLER ROOFING, INC.
(2) CORPORATION
of TEXAS hereinafter called Principal and
Employers Insurance of Wausau,
(3) A Mutual Company of Wausau ,
State of Wisconsin hereinafter called the Surety,
are held and firmly bound unto (4) BOARD OF REGENT^
^IJEJJiENJEL^JLU5IIM_-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 One hundred sixty two thousand, seven hundred
_. DOLLARS^ i 162,700.00 )
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, adminis
trators 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, 1st- day of April y A.D., 19 87,
58
a copy of which is hereto attached and made a part hereof for the
construction of; RE-ROOFING - 1987, STEPHEN F. AUSTIN
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 31)1). "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,
at 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 of action under the bond as
provided in Article 5160, Revised Civil Statutes 1925 as
amended by House Bill 34U. Acts 56th Legislature. Regular Session.
PROVIDED FURTHER- that if any legal action be filed upon
this bond, venue shall lie in Naoogdoches Cnnnfy
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
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
59
-3-
IN WITNESS WHEREOF, this instrument is executed in six
counterparts, each one of which shall be deemed an original, this the
1ST
_day of. APRIL
ATTEST:
(Principal) Secretary
SEAL
Witness as to Principal
f.D. Vo^ 7<$S
Address
ATTEST:
... A.-D., 19 87.
R. J. BESTEMAN
(Surety) Secretary
Employers Ins, of Mutual Co.
Suret
BY
Attorney-in-Fact GEORGE GRANTHAM
Witness as to Surety
WAUSAU, WISCONSIN
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
(JJ) Correct naioe of Owner
(5) County or Parish and State
(6) Owner
(7) If Contractor is Partnership, all partners should
execute bond.
EMPIDYERS INSURANCE OF WAUSAU A Mutual Company
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS-
7hhp°.Vh<! Kf^f Lg,YERSf'NSURANCE OF WAUSAU A Mutual Company, a corporation duly organized and existing under
the la*s of the State of Wisconsin, and having us principal office in the City of Wausau. County of Marathon. State of
Wisconsin, has made, constituted and appointed, and does by these presents make, constitute and appoint
GEORGE GRANTHAM
its true and lawful attornevin-fact. with full power and authority hereby conferred in its name, place and stead to execute
seal, acknowledge and deliver ANY OR ALL BONDS. UNDERTAKINGS RECOGNIZANCES OR OTHER WRITTFN
OBLIGATIONS IN THE NATURE THEREOF NOT TO EXCEED THE PENAL SUM OF FIVE MILLION
DOLLARS C$5,000,000).
Q
LU
CO
LJJ
I
O
LU
o
Q
h-
LU
LU
it
— co
i- LL
>
LU
z
cr
O
h-
LU
o
Q
_j
O
z
CO
go
and to bind the corporation thereby as fully and to the same extent as if such bonds were signed by the President sealed with
the corporate seal of the corporation and duly attested by its secretary hereby ratifying and confirming all that the said
attorney-in-fact may do in the premises.
This power of attorney is granted pursuant to the following resolution adopted by the Board of Directors of said Cornpan v at a
meeting duly called and held on the 18th day of May, 1973. which resolution is still in effect:
'RESOLVED, that theJPresident and any Vice President — elective or appointive — of EMPLOYERS INSURANCE OF
W ALJSAU A Mutual Company be. and that each of them hereby is. authorized to execute powers of attorney qualifying
the attorney named in the given power of attorney to execute on behalf of EMPLOYERS INSURANCE OF WAUSAU A
Mutual Company bonds, undertakings and all contracts of suretyship; and that any secretary or assistant secretary be.
and that each or any of them hereby is. authorized to attest the execution of any such power of attornev and to attach
thereto the seal of EMPLOYERS INSURANCE OF WAUSAU A Mutual Company."
"FURTHER RESOLVED, that the signatures of such officers and the seal of EMPLOYERS INSURANCE OF WAUSAU
A Mutual Company may be affixed to any such power of attorney or to any certificate relating thereto by facsimile, and
any such power of attorney or certificate bearing such facsimile signatures and facsimile seal shall be valid and binding
upon the EMPLOYERS INSURANCE OF WAUSAU A Mutual Company when so affixed and in the future with respect
to any bond, undertaking or contract of suretyship to which it is attached"
IN WITNESS WHEREOF. EMPLOYERS INSURANCE OF WAUSAU A Mutual Company has caused these presents to be
signed by the senior vice president and attested by its assistant secretary, and its corporate seal to be hereto affixed this
of MARCH ,Q 86
EMPLOYERS INSURANCE OFJ^AUSAU^A Mutual Company
Bv
1ST dav
Attest:
R. J. Be/steman*/
STATE OF WISCONSIN
O COUNTY OF MARATHON )
)
)ss.
On this 1ST day of
R. C. Retterath
R. C. Retterath
Assistant Secretary
MARCH
Senior Vice President
— 19 85-, before me personally came
— ■—■—— —— .—— to me known, who beine bv me duiv sworn, did depose
and say that he .saseniorvice president of the EMPLOYERS INSURANCE OF WAUSAU A Mutual Company'the corporation described in
and which executed the above instrument: that he knows the seal of said corporation: that the seal affixed to said instrument is such corporate
seal and that it was so affixed by order of the Board of Directors of said corporation and that he signed his name thereto by like order.
IN WITNESS WHEREOF. 1 have hereunto set my hand and affixed my official seal the day and year herein first above written.
a.
Patricia A. Kleman
NOTARY PUBLIC
STATE OF WISCONSIN
MY COMMISSION EXPIRES JUNE 8, 1986
Notary Public
)
)ss.
STATE OF WISCONSIN CERTIFICATE
CITY OF WAUSAU
COUNTY OF MARATHON )
I. the undersigned, assistant secretary of EMPLOYERS INSURANCE OF WAUSAU A Mutual Company, a Wisconsin
corporation, do hereby certify that the foregoing and attached power of attorney, WHICH MUST CONTAIN A
VALIDATING STATEMENT PRINTED IN THE MARGIN THEREOF IN RED INK, remains in full force and has
not been revoked: and furthermore that the resolution of the Board of Directors set forth in the power of attorney is still in force.
Signed and sealed in the City of Wausau. Marathon County, State of Wisconsin, this
of APRIL iq 87
1ST
day
R. J. Besteman Assistant Secretarv
STANDARD FORM OF AGREEMENT 61
As Adopted By
THE TEXAS SECTION OF THE AMERICAN SOCIETY OF CIVIL ENGINEERS
October 7,1971
Revised November 17, 1928
Revised April 15, 1932
Revised October 27,1934
Revised October 19, 1945
Revised April 8, 1954
Revised April 21, 1960
Revised October 7, 1971
Approved as to Legal Form by
Legal Counsel
STATE OF TEXAS i
COUNTY OF_Nacogdoches_f
THIS AGREEMENT, made and entered into this day of
A. D. 19_87_, by and between Stephen F. Austin State University
of the County of Nacogdoches and ^^ o{ Tex&a> acfcing
:- Larry Jackson, Chairman. Board of Regents
: ■ thereunto duly authorized so to do,
Party of the First Part, hereinafter termed OWNER, and F.R. Lewis Construction Co.. Inc.
of the City of Nacogdoches County nf Nacogdoches
CONTRACTOR J^^ ~ ' ^^ °f ^ SfeC°nd Part> hereinafter termed
WITNESSETH: That for and in consideration of~the payments and agreements herein
after mentioned, to be made and performed by the Party of the First Part (OWNER), and under
the conditions expressed in the bond bearing even date herewith, the said Party of the Second
Part (CONTRACTOR), hereby agrees with the said Party of the First Part (OWNER) to
commence and complete the construction of certain improvements described as follows:
Construction of Parking Area Improvements
Resident Halls, Units 1, 2, and 3
and all extra work in connection therewith, under the terms as stated in the General Conditions
of the Agreement and at his (or their) own proper cost and expense to furnish all the materials,
supplies, machinery, equipment, tools, superintendence, labor, insurance, and other accessories
and services necessary to complete the said construction, in accordance with the conditions and
prices stated in the Proposal attached hereto, and in accordance with the Notice to Contractors,
General and Special Conditions of Agreement, Plans and other drawings and printed or written
explanatory matter thereof, and the Specifications and addenda therefor, as prepared by
Schaumburq & Polk. Inc.
Consulting Engineers ~ '
herein entitled the ENGINEER, each of which ha.s been identified by the CONTRACTOR and
the ENGINEER, toother with the CONTRACTOR'S written Proposal, the General Conditions
of the Agreement, and the Performance and Payment Bonds hereto attached: all of which are made
a part hereof and collectively evidence and constitute the entire contract.
SF-1 <e) ►> T-x- S——. JJCX lm
The CONTRACTOR hereby agrees to commence work within ten (10) days after the date
written notice to do so shall have been tfven to him, and to substantially complete the same
calendar days
within &fl ^k*rt#*fey* after the date of the written notice to commence work, subject
to such extensions of time as are provided by the General and Special Conditions.
THE OWNER agrees to pay the CONTRACTOR in current funds the price or prices shown in
the proposal, which forms a part of this contract, such payments to be subject to the General
and Special Conditions of the contract.
IN WITNESS WHEREOF, the parties to these presents have executed this Agreement in
the year and day first above written.
Stephen F Austin State University F k-iywis fWtr.irUnn fn Tnr
AjParty f th fit Pt (OWNER) C_jfcy (CONTRACTOR)
—?T— — -=r ■ ■ ■ * ' «,^ff USU n N in.Jii> trill I II
f) 7 9"' P*rt (°WNER) (^P^rty of the Second Part
TEST: /S/7///'l kt^rxrUr.
SF-2 © * T— :
63
PERFORMANCE BOND
STATE OF TEXAS
COUNTY OF Nacoadoches
KNOW ALL MEN BY THESE PRESENTS: That F.R. Lpwjs Construction CoT1 TnrT
__of the City of Nflcog
County of Nacoqdoches , and State of Texas
principal, and Fairmont Tn<;nr*nrp P.mpany and Chiiton Insurance Company '__
authorized under the laws of the State of Texas to act as surety on bonds for principals, are held
and firmly bound unto Stephen F. Austin State llnivprs-jty (Owner),
in the penal sum of One Hundred Twenty Thousand Three Hundred Twenty-One nnllar* tz 120,321.75 \
v & oeventv—f"ive l/ents ~~~ ' lo v^p J —/
for the payment wfiereof, ffie said Principal and Surety bind themselves, and their heirs,
administrators, executors, successors and assigns, jointly and severally, by these presents:"
WHEREAS, the Principal has entered into a certain written contract with the Owner,
dated the day of \ iq 87 to
Construct Parking Area Improvements
Resident Halls, Units 1, 2, and 3
which contract is hereby referred to and made a part hereof as fully and to the same extent
as if copied at length herein.
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the
said Principal shall faithfully perform said Contract and shall in all respects duly and faithfully
observe and perform all and singular the covenants, conditions and agreements in and by said
contract agreed and covenanted by the Principal to be observed and performed, _and according to
the true intent and meaning of said Contract and the Plans and Specifications hereto annexed,
then this obligation shall be void; otherwise to remain in-full force and effect;
"PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of (Article
5160 for Public Work) (Article 5472d for Private Work)* of the Revised Civil Statutes of Texas as
amended 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 herein."
Surety, for value received, stipulates and agrees that no change, extension of time, alteration
or addition to the terms of the contract, or to the work performed thereunder, or the plans, speci
fications, or drawings accompanying the same, shall in anyway affect its obligation on this
*Not applicable for federal work. See 4The Miller Act," 40 U.S.C. S270.
PB-1
© to Trij. fa**—. ASCI IT71
64
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 to be performed thereunder.
IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this i
tnent this -day oL
instru-
87
Fairmont Insurance Company
Chi 1 ton Insurance Company
Title.
Philip E. Mahar
Attorney-In-Fact
Add™**. P. 0. Box l?n?
Nacoarior.hes. Texas 75963-17(17
The name and address of the Resident Agent of Surety is:
Joe Max Green Insurance Agency, Inc.
P. 0. Box 1202, Nacogdoches, Texas 75963-1202
PB-2
h t~. i
ivUUiviUJVT AK6UUA1VU -Uivll'/Vi, t
Uurbniik, Cnllfonilji 65
ur ATruuwb'V
KNUIV ALL MEN UV TllliSli IMILSLTV IS:
That FAIRMONT-INSURANCE CUMi'ANV; a California Corporation, does lieieby make, constitute and
appoint '
PHILIP E. MAI1AR--- "
Nacoijduclies, Texas
s ils (rue lawful Altorney(s)-in-Fact, with full power mid auiliorily, for and on bclinlf of the Compniiy as suicly, lo execute
and deliver and affix llie seal of the Comjiany thcieto, if a seal is required, bonds, undertakings, iccognizances, consents of
uicly or otlier writlen obligations in (he nature tlicrof, as follows:
Any and aU bonds, undertakings, recognizances, consents of surety or other wiitten obligations in the naluie
'hereof,
and to bind FAIRMONT INSURANCE COMPANY thereby, and all of the acts .of said Attorney(s)-in-Fact,
ursuant to these presents, are. hereby ratified and con/iimed.
This appointment is made under and by authority of the following Uylnws of the Company, which Bylaws
re now in full force and effect:
ARTICLE IV. S^'ionllAnORNr.VSJNjrAC^AND AGENIS. "Ihr rli.ii.mnn of Ihr hoard. Die president, the vice
president, the cfiirf liruncial ollicef.'or ihe seefciaiy of ihe coipijf.iiion may appoint .illornc\ sin-fad or agents with power
. and authority, m defined or linnlrd in their respective powers of jltomry. lur ,md on l>H>al{ of the corporation lo execute
and deliver, and affix Hie seal of the Corporation Iliereto. bonds, undrrlakinrs. iccrrni/anccs consents of surety or
other written obligations in ihe nature thereof and any nl said oficcrs m.iy remove any such .itlorney-in-facLor acent
Jnd revoke the power and authority given to him or her. - _
ARriCLE IV. SeUiunH AUUfOIUIYJJJ BIND. Any bond. unticrlaV.i,T,. tpci>/;iii?.-iiicc. consul of surety or written
obligation in the nature (hereoTsh.ill l< valid anrl bindinp. upon the (oipor.itinn when <:iKned by the chairman nf the
board, the president, the vice president, the chief financial ollicrr. or the <rrrclnry el the cmpoialion and duly attested
HUVnAA 3 $ei !? ie3uiref ,by. !he «"«'»')' or "s.Jlanl scctelaiv. or shall br valid and binding upon Ihe corporation
w „ /rTl1 SCu'ed- 'f 3 5"L^ re,quirfd; bv a c'ul>' au'"»'fi''1d allorney-iit-facl or agent, pursuant to and
within the limits of Ihe authority granted by his or her power of attorney.
iis power of attorney is signed and sealed by facsimile under and by the authority of the following Resolu-lon
adopted by the Board of Directors of FAIRMONT INSURANCE COMPANY at a meeting duJy caJJed
id held on the 4rd day of October, 198J: •
n *"y U'fiCrr a!llflw'i"d b/' lhp "ylaw,. an,l the seal «,f the- corporation, may be aili.xed
IS t /jr 7 CV °r *pPC1'V r°Uer "' Jri""r>' (U """icMion of either r.ivrn for the execution of
»7d «al wh"n ,n mr t " $7*'^ ^"""J C' 5!"ely Ot °'hcr Wfillri1 ll|l|ir.^^" "' 'I'" nMtflc ll.nrof; such signature
seal o the co oora on ,oTR Ta Y it^-* W "" ^T'"'-"'"" •" "'C .-,•,!,,! ,h,nMu,c of such ,.|fitrr a,,d the o-irinal
af/ixed. COIpOrallon' l0 be valld a'ld b"ld'"g «l'on the corporation with the same force ...id effect as though manually
IN WITNESS Wl IHKtOF. FAIRMONT INSURANCE COMPANY has caused these presents lo be signed
Us proper officer and its corporate seal to be hereunto affi.xed this 22nd day of March of 1985
' r\ '■ TAIKMONT INSURANCE COMPANY
'• -r \ ..
laic of California
66
ounly of Los Angeles,
— - # personally known lo me, was by me duly swum, and did ».Jv§ ••••• and say: that
;he resides in Ihe Stale of California; that he/she is the duly elected Vice President * of
...RMONT INSURANCE COMPANY, the corporation described in and which executed the above inslru-ent;
that he/she knows the seal of said corporation; that the seal affixed to said instrument is such cor-
*te seal; that it was so affixed by authority of his/her office under the Uylaws of said corporation, and
di he/she signed his/her name thereto by like authority.
scribed and sworn to me this 22nd day of March , 1985
Of'ICIAI. 51AL
HARRIET LAMBELL
NOTARY PUIU'C ~ CALIFORNIA
LCS ANGELES COUNIY
My Commission Eirutt Apr. 21, 1988
Notary Public in and
for said County and Slate.
CERTIFICATION
i. Trude A, TsujijioLo_ .. Ihe Assistant Secretary
of FAIRMONT
DURANCE COMPANY, certify Hunt the foregoing power of allorney and the above quoted Sections 13.
14. of Article IV of the Bylaws have not been abridged or revoked and are now in full force and effecl.
Signed and Sealed at Burbank. California, this 7th <}Sy of April . 19 87
5 o J
* jo.
Ti/e: /vssistaiih
1970
67
ur
KNOW ALL MEN UV THESE IMU-.SENTS:
'Mint CII1LTON INSURANCE COMi'
appoln( '
PHILIP E. MAI1AR
CX!1S l« ,.,„•., luubj .,,:,.«:. c.i.i.MiCnlc mid
of Macotjdoches, Texas
or o,,,er „,„,„ *i
.nd d bonds.
;•
..i,,,^, C(,,,,,,K (,r „,„,,. ,„ „„,„ mi,|m ()b|ig
Olht, w.ill.n obli5,ltons in ,|,c n,l,,,t-,l,L ."mlin. „( ',u ,l"i, '," m f I"
ind ttvoLc Ihf pown and aullioiily gi.en lo l,i,,, 0, ),e". ! ' *"V
board. Ihf pitiidcnl. il,e vie .leiiilrnt ll.r ,1 r it,! f '."'' '"""■" "'"" "K'^'l bv ■!.<• <li.i
"""""'/•'"•lacl 01 J6enl
,.„„,„„„
bv ■!.<• <li.ii.man vl ll,c
1'l1
'!<lida,r or April, 1985.
,;
:il :■ iuri-laiIK ihttj csillcil .in<f liclfl on Hie
,0
7■"
WITNESS WHICKKOF, ClIII/roN INSUK
«. Cu and ,„ " ' ^
ciny of April, 1985.
CNN/ION
lly
CUlMPANV
68
State of California
County of L03 Angela
yt*.
Henry F. Wright
^^
CIIILTON
h«/5h, signed hWI«, „.„« , fe cl" ' ' v°e' u ^ '!
««l lo ,,ld I
'ubscribed and sworn to me (his
16(1, dny of
is ,
» «..,«»«,„. and
85
i
DIMITRA SCUMAUSS
NOIARY fU
pai or rice in
LOS ANGELES COUHIY
^!>-Co.mmk3ioi. Ap,. 30, 190G
of
m\\ :uul «lu':ilM)\r(|iii»!cclScrli»ii.sI5.amlI6.
:1IC mm in lull loicc :111c! died.
Signed and Sealed at Durbank. California, this 7th dny of Apri 1
, 19 87 .
/)
PAYMENT BOND
— 69
STATE OF TEXAS
COUNTY OFjNacogdoches
KNOW ALL MEN BY THESE PRESENTS: That_LJk_Lewis Construction Co., Inc.
of the Cityy of Nacoqdoches f
County of Nacogdoches and state of Texas ^ M
principal, and Fairmont Insurance Company and Chiiton Insurance Company '
authorized under the laws of the State of Texas to act as surety on bonds for principals, are held
and firmly bound unto . .(Owner)
in the penal sum of One Hundred Twenty Thousand Three Hundred Twentv-One TV»nar3 (§ 120,321.75)
for the payment whereof?^e ^ai^nncipal and Surety bind themselves and their heirs, adminis
trators, executors, successors and assigns, jointly and severally, by these presents:
WHEREAS, the Principal has entered into a certain written contract with the Owner,
dated the day of f 19 87 to
Construct Parking Area Improvements
Resident Halls, Units 1, 2, and 3
which contract is hereby referred to and made a part hereof as fully and to the same extent as
if copied at length herein.
NOW, THEREFORE,_ THE CONDITION OF THIS OBLIGATION IS SUCH, that if the
said Principal shall pay all claimants supplying labor and material to him or a subcontractor
in the prosecution of the work provided for in said contract, then, this obligation shall be void;
otherwise to remain in full force and effect;
PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Article 5160 of
the Revised Civil Statutes of Texas as amended 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 herein.
Surety, for value received, stipulates and agrees that no change, extension of time, alteration
or addition to the terms of the contract, or to the work performed thereunder, or the plans,
specifications or drawings accompanying th* name, shall in anywise affect its obligation on this
70
bond Jpd it do^a hereby waive notice of any such change, extension of time, alteration or addition
to the terms of the contract, or to the work to be performed thereunder.
IN WITNESS WHEREOF, the said Principal and Surety have
meat this day of_ 19 87
and sealed this instru-
XJLJȣtti5__Construction Co., Inc.
Principal
Title r
Address P.O. Drawer 1878
- Nacogdoches, Texas 75963
Fairmont Insurance Company
ChilianJLnsurance Company
Surety
Philip E. Mahar
Title Attorney-In-F.act
Addream P.■ 0. Rnx 1?fl?
Nacogdoches, Texas 75963-1202
The name and address of the Resident Agent of Surety is:
Joe Max Green Insurance Agency, Inc.
P. 0. Box 1202, Nacogdoches, Texas 75963-1202
PB-4 ©
ZvUUAIUiVT lUJjUUAIVU
Uurbnnk, Cnllfoi iila
I'UU'UH OF yVrrUUW
.NUIV ALL ML.W UV TllliSli
That FAIRMONT'INSURANCE CUMl'ANY; a California Cu.pu.nliun, does hereby make, constitute and
ppoint ■
PHILIP E. MAHAR ■
of fJacoyduches, Texns
its true lawful Allorney(s)-m-Facl. with full power ..nd .lulhorit.y. (or n»d on behalf of the Company ns su.cly. !o execute
inddeliverand affix the scnl of die Company thereto, if a seal isrequircd. bonds, undettakings. iccognizances, consenlsof
rely or otlier writlen obligations in the naluie llicrof, as follows:
Any and all bonds, undertakings, recognizances, con'senls of siuely or other wiillen obligations in the nature
'■ereof, •
.nd to bind FAIRMONT INSURANCE COMPANY thereby, and ail of the acts .of said Allomey(s)-in-Fact,
irsuant to these presents, are heteby ratified and con/inned.
"his appointment is made under and by authority of the following Bylaws of the Company, which Bylaws
2 now in full force and effect: .
m«Sw !f" -5r^-----^!^^-Y-^^^ ACCN'IS. lhc ch,im,,n of ihr bua.d. the president. the vice
ff,H', HLL ,,'JJ ll'iCi ''"•lnlltlM..?"?lte.f..« " "f ^^'YY "' i''<f cSFpp ofiimn mayy appppo int aU.uncvcsv-sinn-iiaacc!! or .rc.ls will, power
« ' hi' • '5et "lf C'\TO'^n\U,,,to, bond.. undcl.iWnp,. ,cc<T,ni;nncc. cmcnl, of suiely or
I v h lfL l
n 5e.t d v I: 0 8 M5 T P, n'Vu".""-'"°'*»d .-.nv ol said oficcrs may remove, any such a«lornev-m,facLor agenl
JnJ revoke tl\e power and authority given to him or her. ; b
ARriCI.E IV. SecHon 14. AUIMOKIIY 10 HIND. Any bond. uiulcrlaV.ini- ircopnirance cot«n,,i ,,f Sll,etv or wrillrn
obl.g.l,on m .ne naiu,e .Iiefe5riK5irRTSIia iHfl binllin, upon .he .^ratLfX "i^d b ' e ,,^ he
Sd ,e*a ed liVSl i!eoT dPh":ilenl' "" Ch''e' nnantl<l1 °''iCrr- M "" <CtIClaiv nf tllC «»r'»^io» and July a.2s d
d4 ."on«y,n-,.c, or a^t, puisuan? ,0 and
is power of attorney is signed and sealed by facsimile under and by the authority of the following Resolu-n
adopted by the Board of Directors of FAIRMONT INSURANCE COMPANY at a meeting duly called
I held on the 4rd day of October, 198J: •
^ ^IRMONT INSURANCE COMPANY has caused those p.esents to be signed
and ,.s co.po.ale seal to be hereunto affi.xed this 22nd day of Harch of 198|
rAIJIMUNT INSUIIANCK COMPANY
72
ale of California
)unty of Los Angeles,
?nry F. Wright ., .
_, personally known to me, was by me duly swum, and did •.'-.• •• • and say: Ihal
he resides in Ihe Slate of California; that he/she is the duly elected Vice President ' of
..(MONT INSURANCE COMPANY, Ihe corporation described in and which executed the above instru
ct; that he/she knows the seal of said corporation; that the seal affixed to said instrument is such cor-le
seal; that it was so affixed by authority of his/her office under ihe Bylaws of said corporation, and
u he/she signed his/her name thereto by like authority.
;cribed and sworn to me this 22nd day of March , 1985
StAl
HARRIET LAMBELL
NOTARY PUBLIC -^ CALIFORNIA
r«lfii;iPAl Of'ICT IN
ICS ANGELES COUNTY
My Commission E»piir? Apt. 2?, 1988
Notary Public in and
for said County and State.
CLKTiriCATlON
TruJe A. Tsujinoto the Assistant Secretary
of FAIRMONT
iURANCE COMPANY, certify that the foregoing power of attorney and the above quoted Sections 13.
14. of Article IV of the Bylaws have not been abridged or revoked and are now in full force and effect.
Signed and Sealed at LJurbank. California, this 7th of April , 19 87
t V / APR. 10 }«5I
1970 ,
C1ULT0JN INSURANCE COMPANY
OjiIIsis, Texas 73
or Ariuiif\!i;v
KNOW ALL MbN UV TIlliSE IMU-SUNTS:
'llial C1IILT0N INSURANCE
«!..« lu'irhj- ms.lcc, onslilwlc mid
PHILIP E. MA11AR
of Nacogcloches, Texas
?-"" r;"
all bonds. unde.Ukings. .ec^u,.^,. „„«„„ „, ,„„.,,. „, „„,,,- „„ ,,b|igMiom
a"J *y ™ihm"y -'ihc
"" n 5uly t»r,5f,d ,J3 «.1h 'l "7- r "'."t;r<,"1" "■••■<»?■ "• <I"H I-' >.<!!■< » .in.li..S .T«n Ihc ,™r™»llcin
Tills pm,,r<,r nlliiriicj ls slB,,c,l „,„! „,,,,.,! hv n,.--=i..,il«. I,, :,,„! l,v II,,. a,,| ,,r ||,c l,,ll,,.vi,,B llcsolllllo.l
I2l"h Ja, of April "|98S """'"" """'■' "N INSl'llANLK L'OMI'ANV .-,. » .m-vMns ,l,,l, clk-,1 nnj held on Ilie
PO» «l«e c.^oiMion uii), i)ie c.mc fo.ee and effect as l!,ough manually
nI WITNESS WIIEKKOF, C1III/ION INSURANCK COMPANY has cnusrcl these p.esen.s lobe signed
y Us proper off.cer and its corporate seal to be hereunto affixed this k.il. day of April, 1985.
affixed.
(111 I/I ON INSUKANCI-; COMPANY
74
State of California
County of Los Angeles,,
Henry F. Wright
|E
per,,, seal; ,l,a, |
.H, h«/Sh, signed
Subscribed and sworn to me this
IGMi day of
ctSf ai
DIMITRASCHMAUSS
NOTARY PUBLIC -CALIFORNIA
PRINCIPAL OFFICE »N
OS ANGELES COUMIY
r. 30, 190G
ClillliriCAIIUN
the
aiul |IU! ay: (hat
""
Ims.,,,,,,0,,. is sucl, cor-
85
Nolmy rJ
s.-iid Cotfnty\nnd
Secretary
CHILTON INSURANCE COMPANVfl,.,Hi r ■ ~ of Article V of the U vhn hTJ , i , r«»'R'"»E P«« rr «r.-tll..,-.».y :„..! I!,, a|,,,»P ,|lm,,,|
uj inns have no( bccji nlirnl^cl or rcwikcl :..„!:,. c n..u in h.ll fiirtc :ui«l died.
Signed and Sealed at Burbank, California, this. 7th dny of April
of
, 19 87 .
:; QCOfcl |&£ *£
m
PRODUCER
Joe Max Green Insurance Agency, Inc.
P.O. Box 1202
Nacogdoches, TX 75963
(409) 564-0221
■^ INSURED
gg F.R. Lewis Const. Company Inc.
I F.R. Lewis
i P.O. Drawer 1878
J Nacogdoches, TX 75963
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS
NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND
EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW
COMPANIES AFFORDING COVERAGE
COMPANY a
letter M American General
JIS,:?J.CC;:,^7;';' I^TnP0L}CiES CF JN1S'->C-ANCE LiSUD 3ELOW HAVE BEEN ISSUED TO ^HE INSURED NAMED AEOVE FOR 7H* =>GL;CY PERIOD "OlCM ED £?'
£-" IJcV.-n '-ruAv^r REQUIREMENT. TERM OR CCNDiTiON OF ANY CONTRACT OR OTHER DOCUMENT W7H RESPECT TO WHICH T^lS CCPTI-^TC MAY ^
TlV^S OF ^'-CH POL!CIESA'N' !<:^ANC_ AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ^LL THE TERMS, EXCLUSIONS.AND CONDI- *-g
!CO
LTR
;A
TYPE OF INSURANCE
GENERAL LIABILITY
COMPREHENSIVE FORM
PREMISES/OPERATION'S
UNDERGROUND
EXPLOSION' & COLLAPSE HAZARD
POLICY NUMBER POLICY EftEC'!Vi
GR068806286
PRODUCTS-COMPLETED OPERATIONS j UITDERGROUND Ol^LY
| X I CONTRACTUAL
|_Xj :'OEPE\DENT CONTRACTORS
jX j 5R0AD FORM PROPtRPr DA.V.AGE
j X I ?=RSONAL INJURY
I !
9-1-86
VX
I
DATf iVMDDA
9-1-87
LIABILITY LIMITS IN THOUSANDS
BODILY
INJURY
PROPERTY
DAMAGE
Bi _ ?0
EACH
OCCURRENCE
AGGREGATE
500
PERSONAL INJURY
i
i
i
j A'J'OMOSILE LJA3ILITY j
A JJLJ ~*;v auto I GRrI08806287
^ i ! i.L C-.V\!ED A.TQS -,PRIV. PASS- j
M I I v: r->;q A,,Tr=c /OTHER THAN \ I
*3 j ! "~u u" V"J AJlub IPRIV. PASS i j
' HREO AUTOS |
;,o::-O'.vneo autos j
j GARA.GE LIABILITY I
I ] I
—r
; 9-1-86 j 9-1-87
! S
PROPS Rr
Di a . _i
COMBiNED
fe.
i
s 500
EXCESS LIABILITY
I A\X] UMBRELLA FORM
; j OTHER THAN UMBRELLA FORM
WORKERS' COMPENSATION
^ AND
EMPLOYERS' LIABILITY
OTHER
348732350
9-1-86 9-1-87
TC722234033 9-1-86 9-1-87
B! _ PD
COMBINED S 5000 ^5000
STATUTORY
m
■-"1__JLjQD (EACH accidew
SDO (DISEASE-POLICY LIMIT)
$100 (D'SEASE-EACH EMPLOYEE,;
DESCRIPTION OF OPERATIONS/LOCATIONSA/EHICLES/SPECIAL ITEMS
Stephen F. Austin State Univ.
ATTN: Larry Jackson
P.O. Box 6108
Nacogdoches, TX 75962
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EX
PIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO
MAIL . , DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE
LEFT, _H7T FAILURE TO MAIL SUCH NOTJCE SHALL IMPOSE NO OBLIGATION OR LIABILITY
OF ANY KIND UF^_tfi-IHE COMPANY, ITS AGENTS OR REPRESENTATIVES.
AUTHORIZED Fj£PRESEf/
JOE MAX m
BOARD OF REGENTS
STEPHEN F. AUSTIN STATE UNIVERSITY
. ••• - - Nacogdoches, Texas
April 21, 1987
LARRY JACKSON: RESOLUTION OF APPRECIATION
T '"^ «»**"*>*' '""-'< '" "™ •«•« In the city of P,.n0.
Sute Univ^r"^5" " 198'" ^ "" ■PPUin"d '° "" B""d "' neefn" "' S-Ph" F- Austin
BUi,ding. .nd o""f.A.L^ ^ZZ' rttT^ ^ ^ "'"" "" *" "*"*' °<
expired; WHEREAS- Mr- J'c^nt' '»™ of m^mWrship on U,e Board of Regem. ha, now
THE BOARD OF REGENTS, STEPHEN F. AUSTIN STATE UNIVERSITY
Dan Hiynw. Chairman Homer Bf_>
L-voy Moore, Vice Chairman Hichflrd c
Kelly Junes
Attest:
Ni'lson Husche
M. M. Stripling
Willia M. Wooien
Don L. Henry. Secreury to the Board Pegg) W. U'right
76
BOARD OF REGENTS
STEPHEN F. AUSTIN STATE UNIVERSITY
N a cog cloches, Texas
1 April 21, 1987
WILLIAM FLETCHER GARNER, JR.: RESOLUTION OF APPRECIATION
WHEREAS, William Fletcher Garner, Jr., a 1937 graduate with a Bachelor of Arts
degree from Stephen F. AusUn State College (now University), achieved noteable success as a busings
and civic leader and like^i^e distinguished him.^lf as a leader in the insurance industry;
State UniversirHEREAS' ^ ^^ ^ *" app°inled t0 lhe Bofird of ^W^ of Stephen F. Austin
w ■ * « ?'HEREAS' Jn 1983' Mr- Earner served on the Academic and Student Affairs and the
INammg of Buildings and Other Facilities Committees of the Board;
10fi< *A j WHEREAS'he w" <^ted by his colleague* on the Board to »erve as Vice Chairman for
iyo\J-B4 and he served as Chairman of the Board from 1984-86;
WHEREAS, Mr. Garner in other ways made innumerable and invaluable contributions to
the University; and
WHEREAS, his term of membership on the Board of Regent* has expired;
t NOW THEREFORE BE IT RESOLVED by the Board of RegenU of Stephen F. Austin
State Un.vers.ty, m meeting assembled this Iwenty.firtt day of April 1987, that appreciation be expressed
to Mr. Garner for his outstanding service and that best wishe. be extended lo him in his future
BE IT FURTHER RESOLVED that a copy of this resolution be spread
endeavors; and
B
upon the minutes of the Board meeting and that a copy be presented to Mr. Garner.
THE BOARD OF REGENTS, STEPHEN F. AUSTIN STATE UNIVERSITY
Dan Haynes, Chairman Homer Bry«
Lavoy Moore, Vice Chairman Richard C. Hile
Kelly Jones
Atle9t: Nelson Ruache
M. M. Stripling
Willia M. Woolen
Don L. Henry, Secretary to the Board Peggy W. Wright
77