Minutes of the Board of Regents of Stephen F. Austin State University. 1986, Volume No. 81

              Stephen F. Austin
State University
Minutes of the
Board of Regents
Nacogdoches, Texas
October 28,1986
Volume 81
INDEX
MINUTES OF THE MEETING
BOARD OF REGENTS
STEPHEN F. AUSTIN STATE UNIVERSITY
HELD IN NACOGDOCHES, TEXAS
October 28, 1986
P\GE
8 6-133 Correction to Minutes of July 28,
1986, Item No. 86-126 4
8 6-134 Faculty staff Appointments for
Summer, 1986 4
86-135 Changes in Status, Summer, 1986! .'..'.'' 5
8 6-13 6 Faculty staff Appointments ' 6
86-137 Changes in Status -,,
86-138 Resignations m f^
86-139 Leaves of Absence \ t.
86-140 Promotions I";
86-141 Retirements ..'.'.[ it
86-142 Approval of Faculty Workload Report'for' ' '
Fall, 1986, Semester 15
86-143 Approval of Twelve Day Class Report for
Fall, 1986, Semester , *
86-144 Approval of Underenrolled Classes for
Fall, 1986, Semester. .... -, c
86-145 Approval of Curriculum Changes . . ••••** tz
86-146 Approval of Budget Adjustments for FY 86 ' ' ' '
and FY 87
86-147 Approval of Final Budget Positions of
All Accounts for FY 86. . . 16
86-148 Approval of Increase in Charge for individual' '
a* !>,« * Instruction Fee for Music Instruction .... i6
86-149 Approval of Transfer of $30,000 from
Lapsed Property Deposits to Student
o_ , Property Deposit Loan Fund 1fi
86-150 Approval to Contract with Commercial ' ' '
National Bank for Mastercard/Visa
Charge Card Service .... 19
86-151 Authorization to Accept Bids on Front-End' ' '
Processor for Computer Center .... 1Q
86-152 Approval of Transfer of Funds to Supplement' ' '
Travel Accounts ,Q
86-153 Authorization to Prepare Plans and Speci-' ' * *
0* -,*„ * fications for Addition to steen Library ... 19
86-154 Approval of Ratification of Contract with
Drew Woods, Inc. for Repair to Heating
and Cooling Water Piping at Power
Plant No. 1 19
PAGE
8 6-155 Authorization to Prepare Plans and
Specifications for Renovation of
Old Art Studio Building 20
86-156 Approval of Purchase Order for Replace
ment Seating in Science Auditorium 2 0
86-157 Authorization to Accept Bids for Replace
ment of Broken Doors at Coliseum 20
86-158 Authorization to Accept Bids for Repair
and Replacement of Fencing at University
Beef Farm 20
86-159 Authorization to Accept Bids For Replacing
Gymnasium Floor in Lucille Norton Health
and Physical Education Complex and to
^Resurface Twelve Tennis Courts 20
86-160 Authorization to Accept Bids for Additions
to Ticket Booths on Each Side of Homer
Bryce Stadium 21
8 6-161 Authorization to Renovate and Expand Exist
ing Paint Room and Carpenter Shop in
Physical Plant Department 21
86-162 Authorization to Accept Bids to Relocate
Residence at 206 Carolyn Street to
University Beef Farm 21
86-163 Authorization to Accept Bids for Roof f
Repair on Music Building 21
86-164 Authorization to Accept Bids for Replace
ment of Boiler in Boynton Building. ...... 22
8 6-165 Authorization to Prepare Plans and Speci
fications for Replacement of Chillers and
Boilers in Power Plant II 22
86-166 Approval of Contract with Pineywoods
Investment Company for Rusk Building
Renovation Project 22
8 6-167 Approval of Budget for Rusk Building •• __
Renovation Project \ . . 22 "\
8 6-168 Approval of Change Order for Addition —^
of Hard Surface Entry Way to Homer
Bryce Stadium 2 3
86-169 Authorization to Accept Bids for
Renovation of Section of University
Center Basement for Relocation of
Student Publications. . 23
86-170 Authorization to Accept Bids for Weight
Room Facility on Concourse Level of
Coliseum and Weight Room Equipment 23
Mastercard/Visa Contract with Commercial
National Bank 24
Contract with Drew Woods, Inc. for
Revisions to Chilled/Hot Water
Piping at Power Plant No. 1 26
PAGE
Contract with Pineywoods Investment Co,, Inc
for Renovations & Alterations to Thomas J.
Rusk Building 30
Change Order for Addition of Hard Surface
Entry Way to Homer Bryce Stadium 41
MINUTES OF THE MEET!:"-
BOARD OF REGx-'TS
STEPHEN F. AUSTIN STATE UNIVERSITY
HELD IN NACOGDOCHES, TEXAS
October 28, 1986
The meeting was called to order by Mr. Larry Jackson, Chairman of
the Board of Regents, at 1:00 p.m., October 28, 1986.
REGENTS
Richard Hile of Jasper
Larry Jackson of of Piano
Homer Bryce of Henderson
Fletcher Garner, Jr., of Bridge City
Willia B. Murphy Wooten of Crockett
Lavoy Moore of Conroe
M. M. Stripling of Nacogdoches
Mr. Dan Haynes of Burnet
William R. Johnson, President
Baker Pattillo, Vice President for
University Affairs
Don L. Henry, Vice President for
Administrative and Fiscal Affairs
Dr. James Reese, Vice President for
Academic Affairs
Nancy Speck, Director of Development
Mr
Dr
Mr. Robert Provan, Legal Counsel
VISITORS:
PRESENT: Jean Ann Routs, Editor of the Pine Log
86-133
Upon motion of Regent Garner, seconded by Regent Haynes, with all
members voting aye, it was ordered that the Board minutes of July
28, 1986, be approved with the following amendment to item 86-126
to include the addition of the underlined words:
Upon motion of Regent Hile, seconded by Regent Garner, with
all members voting aye, it was ordered that Blum Consulting
Engineers of Dallas be employed to prepare plans to replace
the cold and hot fiberglass water lines which have developed
leaks at Power Plant I and that the Administration be
authorized to take bids on the project and the President hP
authorized to sign the contran-h with the approval of the
Chairman and Executive Committee.
Source of Funds: Higher Education Assistance Funds
86-134
Upon motion of Regent Hile, seconded by Regent Wooten, with all
members voting aye, it was ordered that the following faculty and
staff appointments for Summer, 1986, be approved:
1. Department of Accounting
Ms. Sharron M. Graves, Instructor of Accounting, at a salarv
of $2,166 for 50% time from July 10 through A^gus? 20\ Ill7
Ms. Graves taught a special class in Palestine! •
2. Department of Biology
Dr. Hendrick Weyland, Associate Professor of Bioloqy at a
salary of $2,478 for 50% time for Summer II.
3. Department of Elementary Education
p1?7' 4.2.6' M*Ed- <SFASU), Part-time Instructor of
Educatlon ^ a salary of $1,500 for 50% time for
Dr. Jerry Irons, Professor of Elementary Education at a
?Q«fY °n $3't°70 f°5 50% time from Mav 31 th^gh jineis
Institute!' ^ °ne course for the Science/Math
Dr. Milton Payne, Professor of Elementary Education at a
5 iLf $n'10? f°r 2?% time fOr Ma* 31' 1986> through*™*. 15, 1986. Dr. Payne directed the Science/Math Institute.
4. Department of English and Philosophy
Mr. Cydney Adams, Part-time Instructor of English, at a
salary of $1,100 for 50% time for Summer II.
Ms. Mary Rose Devine, Part-time Instructor of English, at a
salary of $2,200 for 100% time for Summer II.
Mr. Wilbert Love, Part-time Instructor of English, at a
salary of $1,572 for 50% time for Summer II.
5. Department of Health and Physical Education
Dr. June Irwin, Professor Emerita of Health and Physical
Education, at a salary of $7,226 for 100% time for June 2
through July 9, 198 6. Dr. Irwin served as Director of the
Cheerleader Clinic.
6. Department of Management and Marketing
Dr. Joe Ballenger, Assistant Professor of Management and
Marketing, at a salary of $2,417 for 50% time for Summer II.
7. Department of Mathematics and Statistics
Mr. Stuart Jim Gouvernante, Part-time Instructor in
Mathematics, at a salary of $1,000 for 50% time for Summer
II.
Mr. Houssein Mohammed Hosseinpour, Part-time Instructor of
Mathematics, at a salary of $1,000 for 50% time for Summer
II.
8. Applied Studies
The following faculty have been employed for Summer II at the
locations and for the salaries indicated below:
Dr. Ralph Eddins
Dr. Pedro Escamilla
Dr. Jerry Irons
Dr. Milton Payne
Dr. Hugh D. Prewitt
Mr. Jesse Richardson
Dr. Jose Rodriguez
Dr. Donnya Stephens
Dr. John Thornton
86-135
Upon motion of Regent Moore, seconded by Regent Wooten, with all
members voting aye, it was ordered that the following changes in
status for Summer, 1986, be approved:
1. Department of Biology
Dr. Byron VanDover, Associate Professor of Biology, from
100% time at $4,9 02 for Summer II to no appointment for
Summer II.
2. Department of Computer Science
Dr. Denis Hyams, Associate Professor of Computer Science,
from 100% time at a salary of $12,076 for both summer
sessions to 100% time at a salary of $6,038 for Summer I.
Dr. Camile C. Price, Associate Professor of Computer
Science, from 100% time at a salary of $6,026 for Summer II,
1986 to no summer appointment.
3. Department of Management and Marketing
Dr. Jarrett Hudnall, Visiting Professor of Management and
Marketing, from 50% time at a salary of $2,250 to 100% time
at a salary of $4,500 for Summer II.
Ms. Marlene Kahla, Assistant Professor of Management and
Marketing, from 100% time at a salary of $4,747 to no
appointment for Summer II.
Dr. Joseph Ormsby, Assistant Professor of Management and
Marketing, from 50% time at a salary of $2,520 to- 100% time
at a salary of $5,040 for Summer II.
Dr. William E. Wright, Associate Professor of Management and
Marketing from 100% time at a salary of $5,319 to no
appointment for Summer II.
86-136
Upon motion of Regent Bryce, seconded by Regent Garner, with all
members voting aye, it was ordered that the following faculty and
staff appointments be approved:
1. Department of Administrative Services
Dr. Elizabeth Ryan Brice, Part-time Instructor of
Administrative Services, at a salary of $1,500 for 25% time
for the fall semester, 1986.
Dr. Libbyrose D. Clark, Lecturer of Administrative Services,
at a salary of $8,000 for 100% time for the fall semester,
1986
Dr. Florence Elliott-Howard, Part-time Instructor of
Administrative Services, at a salary of $3,000 for 50% time
for the fall semester, 1986.
Ms. Sarah Nelle Richardson, Lecturer of Administrative
Services and Economics and Finance, at a salary of $14,000
for 100% time for nine months, beginning September 1, 1986.
Ms._ Linda Howes Whiting, Part-time Instructor of
Administrative Services, at a salary of $1,500 for 25% time
for the fall semester, 1986.
2. Department of Agriculture
Dr. Fred G. Hooper, 44, Ph.D. (Texas A & M University),
Part-time Instructor of Agriculture, at a salary of $4,000
for 25% time for nine months, and Part-time Instructor of
Chemistry, at a salary of $2,000 for 25% time for the fall
semester, 1986, beginning September 1, 1986.
Dr. Billy Ray Long, 39, Ph.D. (University of Missouri),
Assistant Professor of Agriculture, at a salary of $23,340
for 100% time for nine months, beginning September 1, 1986.
Dr. James Edward Ward, 45, D.V.M. (Texas A & M University),
Part-time Instructor of Agriculture, at a salary of $4,000
for 25% time for nine months, beginning September 1, 1986.
Dr. Mike W. Ward, 41, D.V.M. (Texas A & M University), Part-time
Instructor of Agriculture, 3t a salary of $4,000 for
25% time for nine months, beginning September 1, 1986.
3. Department of Art
Ms. Anita Diane Cooke, 31, M.F.A. (Tulane University),
Visiting Assistant Professor of Art, at a salary of $9 000
for 100% time for the fall semester, 1986.
4. Department of Communication
Mr. Robert Thomas Armistead, Assistant Professor of
Communication, at a salary of $21,000 for 100% time for nine
months, beginning September 1, 1986.
Mr. Randall Jerry Birdwell, Lecturer of Communication, at a
salary of $6,000 for 100% time for the fall semester, 1986.
Mr. Benjamin Click, Part-time Instructor of Communication
at a salary of $4,500 for 75% time for the fall semester,
1986. '
Mr. Tony Russell DeMars, 27, M.A. (SFASU), Part-time
Instructor of Communication, at a salary of $4,182 for 75%
time for the fall semester, 1986.
Ms. Sara Bess Dudley, Part-time Instructor of Communication,
at a salary of $5,250 for 75% time for the fall semester,
1986.
Mr. Steve Richard Jennings, Part-time Instructor of
Communication, at a salary of $1,500 for 25% time for the
fall semester, 1986.
Mr. Barry Glenn Oliver, Part-time Instructor of
Communication, at a salary of $6,000 for 100% time for the
fall semester, 1986.
Ms. Helen D. Varner, Lecturer of Communication at a salary
of $7,500 for 100% time for the fall semester, 1986.
Mr. Mark Zindler, Part-time Instructor of Communication at
a salary of $1,750 for 25% time for the fall semester, 1986.
5. Department of Computer Science
Dr. John W. Anderson, Part-time Assistant Professor of
Computer Science, at a salary of $21,036 for 75% time for
nine months, beginning September 1, 1986.
Mr. Yawshing Huang, Lecturer of Computer Science, at a
salary of $19,669 for 100% time for nine months, beginning
September 1, 1986. y
7. Criminal Justice Program
Mr. John Daniel Norton, Part-time Instructor of Criminal
Justice, at a salary of $1,750 for 25% time for the fall
semester, 1986.
8. Department of Economics and Finance
Mr. Danny Gallant, Part-time Instructor of Economics and
Finance, at a salary of $1,500 for 25% time for the fall
semester, 1986.
Mr. Mike Graham, Part-time Instructor of Economics and
Finance, at a salary of $3,500 for 25% time for nine months,
beginning September 1, 1986. '
Mr. Kirk S. Phillips, 23, B.B.A. (SFASU), Lecturer in
Economics and Finance, at a salary of $4,726 for 100% time
for the fall semester, 1986.
9. Department of English and Philosophy
Mr. Cydney Adams, Part-time Instructor of English, at a
salary of $3,250 for 50% time for the fall semester, 1986.
Ms. Annette Dawson, Part-time Instructor of English, at a
salary of $3,720 for 50% time for the fall semester, 1986.
Ms. Vickey Lynn DeMars, 27, M. A. (SFASU), Part-time
Instructor of English, at a salary of $3,250 for 50% time
for the fall semester, 1986.
Ms. Mary Rose Devine, Part-time Instructor of English, at a
salary of $4,875 for 75% time for the fall semester, 1986.
Dr. Constance Hill Hall, Part-time Instructor of English, at
a salary of $3,720 for 50% time for the fall semester, 1986.
Ms. JoAnne C. Howard, Part-time Instructor of English, at a
salary of $3,256 for 50% time for the fall semester, 1986.
'Mr. Wilbert Love, Lecturer of English, at a salary of
$22,660 for 100% time for ten and one half months, beginning
September 1, 1986.
10. Department of Health and Physical Education
Mr. George Dohner, 24, M.Ed. (SFASU), Part-time Instructor
of Health and Physical Education, at a salary of $5,000 for
83% time for the fall semester, 1986.
Dr. Jane Robertson, Part-time Instructor of Health and
Physical Education, at a salary of $4,000 for 60% time for
the fall semester, 1986.
11. Department of History
Ms. Hazel Abernathy, Part-time Instructor of History, at a
salary of $5,400 for 75% time for the fall semester, 1986.
12. Department of Management and Marketing
Mr. Robert S. Anderson, Part-time Instructor of Management
and Marketing, at a salary of $6,302 for 50% time for nine
months, beginning September 1, 198 6.
Mr. William Russell Brown, 24, M.B.A. (SFASU), Lecturer of
Management and Marketing, at a salary of $18,000 for 100%
time for nine months, beginning September 1, 1986.
Mr. Troy A. Hargis, Part-time Instructor of Management and
Marketing, at a salary of $11,756 for 50% time for nine
months, beginning September 1, 198 6.
Dr. William Albert Holliday, 50, Ph.D. (University of Texas)
Visiting Associate Professor of Management and Marketing, at
a salary of $32,000 for nine months, beginning September 1,
1986.
10
Ms. Marlene Kahla, Assistant Professor of Management and
Marketing, at a salary of $29,838 for 100% time for nine
months, beginning September 1, 198 6. The appointment for
the spring semester, 1987 and the salary are contingent upon
completion of the Ph.D. degree by January 1, 1987.
Dr. William Sturtevant Sargent, 44, Ph.D. (Ohio State
University), Visiting Assistant Professor of Management and
Marketing, at a salary of $32,000 for 100% time for nine
months, beginning September 1, 198 6.
13. Department of Mathematics and Statistics
Mr. Arthur Baker Denman, Part-time Instructor of
Mathematics, at a salary of $5,500 for 75% time for the fall
semester, 1986.
Dr. Robert R. Fleet, Lecturer of Mathematics, at a salary of
$7,400 for 100% time for the fall semester, 1986.
Dr. Stuart Jim Gouvernante, Lecturer of Mathematics, at a
salary of $7,500 for 100% time for the fall semester, 1986.
Mr. Hossein Mohammed Hosseinpoiur, Lecturer of Mathematics
at a salary of $6,200 for 100% time for the fall semester!
1986. '
Dr. Rodney Lee Roberson, Part-time Instructor of
Mathematics, at a salary of $3,700 for 50% time for the fall
semester, 1986.
14. Department of Music
Ms. Suzanne Key, 24, M.M (Indiana University), Part-time
Instructor of Music, at a salary of $6,000 for ",50% time for
nine months, beginning September 1, 1986.
Mr. Melvin B. Montgomery, Part-time Associate Professor of
Music, at a salary of $16,791 for 50% time for nine months,
beginning September 1, 1986.
Ms. Linda Parr, 36, M.M. (Kent State University), Part-time
Instructor of Music, at a salary of $1,000 for 33% time for
the fall semester, 1986.
Mr. Dan Spalding, Part-time Assistant Professor of Music at
a salary of $1,500 for 25% time for the fall semester, 1986.
Ms. Gabriela Imreh Spalding, 25, M.M. (Gheorghe Dima
Conservatory of Music, Romania), Part-time Instructor of
Music at a salary of $1,500 for 25% time for the fall
semester, 1986.
11
15• Division of Nursing
Ms. Ellen M. Duke, 27, M.S.N. (University of Texas-Houston),
Part-time Instructor of Nursing, at a salary of $5,000 for
50% time for the fall semester, 1986.
16. Department of Physics
Dr. John P. Decker, Part-time Professor of Physics, at a
salary of $20,283 for 50% time for nine months, beginning
September 1, 1986.
17. Department of Political Science and Geography
Dr. Harry V. Hoechten, Part-time Instructor of Political
Science, at a salary of $6,000 for 75% time for the fall
semester, 1986.
18. Department of Psychology
Dr. Helene Adele Bakewell, 42, Ph.D. (University of Utah),
Assistant Professor of Psychology, at a salary of $24,000
for 100% time for nine months, beginning September 1, 1986.
Ms. Jessica Ann Hart, 37, M.A. (SFASU), Part-time Instructor
of Psychology, at a salary of $2,100 for 25% time for the
fall semester, 1986.
Dr. True S. Mann, 52, Ph.D. (East Texas State University),
Visiting Assistant Professor of Psychology, at a salary of
$21,630 for 100% time for nine months, beginning September
1, 1986.
19. Social Work Program
Dr. Geral Wayne Boynton, 48, Ed.D. (University "of Georgia),
Part-time Instructor of Social Work, at a salary of $1,800
for 25% time for the fall semester, 1986.
Ms. Kathleen Brantley, Part-time Instructor of Social Work,
at a salary of $1,800 for 25% time for the fall semester,
1986.
Ms. Sherry Hawthorne, 35, M.S.W. (University of Southern
Mississippi), Part-time Instructor of Social Work, at a
salary of $1,500 for 25% time for the fall semester, 1986.
Mr. Ray Thomas Johnston, 34, M.S.W. (University of Texas -
Arlington), Part-time Instructor of Social Work, at a salary
of $2,000 for 25% time for the fall semester, 1986.
Mr. Roger Bruck McNellie, Part-time Instructor of Social
Work, at a salary of $1,500 for 25% time for the fall
semester, 198 6.
12
20. Applies Studies
The following faculty have been employed for the fall semester,
1986, at the locations and for the salaries indicated:
$1,488
4,216
1,447
1,091
1,540
1,436
1,936
1,540
1,040
1,540
1,716
1,436
1,540
1,488
2,341
1,591
1,447
1,540
1,091
-1,540
1,540
1,540
1,091
21. University Affairs
Ms. Linda Abbott, Senior Secretary, at a salary of $10 683
for twelve months, effective July 2, 1986.
Dr. Janice Ledet, University Physicial, at a salary of
$47,545 for ten and one half months, effective August 26
1986.
Dr. Dan Wallace, Dean of Student Development, at a salary of
$43,500 for twelve months, effective October 2, 1986.
86-137
Upon motion of Regent Hile, seconded by Regent Haynes, with all
members voting aye, it was ordered that the following changes in
status be approved.
13
1. Department of Music
Mr. William Krause, Part-time instructor of Music, from 25%
time at a salary of $1,500 to 50% time at a salary of $3,000
for the fall semester, 1986.
Mr. Barry Larkin, Part-time Instructor of Music, from 50%
time at a salary of $6,000 to 60% time at a salary of
$7,000 for nine months, beginning September 1, 1986.
Mr. Stephen Pelky, Part-time Instructor of Music, from 50%
time at a salary of $5,000 to 60% time at a salary of $6,000
for the fall semester, 1986.
Dr. Ronald Anderson, Professor of Music, at a salary of
$34,555 to Professor of Music and Interim Chairman of
Department, at a salary of $35,305 for 100% time for nine
months, beginning September 1, 1986.
2. School of Fine Arts
Ms. Peggy Solomon, Director of Arts Activities, from a
salary of $18,620 to a salary of $19,227 for 100% time for
twelve months, beginning September 1, 1986. This is to
correct an error in the printed budget.
86-138
Upon motion of Regent Moore, seconded by Regent Haynes, with all
members voting aye, it was ordered that the following
resignations be accepted:
1. Department of Agriculture
Dr. Roy Michael Watkins, Associate Professor of^Agriculture,
effective August 9, 1986.
2. Department of Music
Dr. Robert Miller, Professor of Music and Department
Chairman, effective July 31, 1986.
3. University Library
Ms. Elizabeth Logan, Library Associate I, effective July 31,
1986.
Mr. Asa Peavy, Librarian I, effective July 9, 1986.
14
4. University Affairs
Mr. Don Bagley, Receiving Supervisor, effective July 17,
1986.
Dr. Arthur Watson, Jr., University Physician, effective
August 31, 198 6.
86-139
Upon motion of Regent Bryce, seconded by Regent Garner, with all
members voting aye, it was ordered that the following requests
for leave of absence without pay be granted:
1. Department of Counseling and Special Educational
Programs
Mr. William H. Bryan, Associate Professor of Counselling and
Special Educational Programs, effective for the academic
year 1986-87. Mr. Bryan has an opportunity for professional
child?en?nt ^ that hS WU1 bS teachin9 handicapped
2. Department of Psychology
^;o^ames - R* uSpeer' Assistant Professor of Psychology,
effective for the academic year 1986-87. Dr. Speer has been
awarded a Fulbright Teaching Grant to Russia.
86-140
Upon motion of Regent Haynes, seconded by Regent Moore, with all
Sf ?^lng ^^ Lt WaS °rdered that « fllie^
1. Department of Biology
Dr. J. Herndon Burr, Retired Professor of Biology, to
Professor Emeritus of Biology, effective September 1, 1986.
2. University Library
S? MaY£ield, from Library Assistant II at a salary
i'.314 }° L^brary Associate I at a salary of $12,236 for
time for twelve months. Ms Mayfield was promoted to
the position vacated by Ms. Elizabeth Logan.
15
86-141
Upon motion of Regent Wooten, seconded by Regent Moore, with all
members voting aye, it was ordered that the following retirement
be approved:
1. Department of Management and Marketing
Dr. William E. Wright, Associate Professor of Management and
Marketing, effective August 31, 1987.
86-142
Upon motion of Regent Hile, seconded by Regent Bryce, with all
!!!^!f%VOt^g /*«' lt was ordered that the faculty work-load
the meeting semester, 1986, be approved, as submitted at
86-143
Upon motion of Regent Haynes, seconded by Regent Garner, with all
*l™fs voting j*Y,e' Lt was ordered that the twelfth class day
Ihl meeting semester, 1986, be approved, as submitted at
86-144
for the fai1 ■—1«.
Biology 420 - Virology (3)
Enrollment: 9 students
hi
t: This class is needed by senior majors, several of
whom are in Pre-Professional programs, it will not
be offered again until next fall.
2. Nursing 422 - Senior Seminar (1)
Enrollment: 8 students
This class is needed by senior nursing majors, it
is required for degree and for accreditation.
3. Physics 132L - Electricity, Sound and Light
Laboratory (l)
Enrollment: 9 students
This lecture session has adequate enrollment but
since two students who passed the lab are retak
ing the lecture, the lab is short, it is needed
by two majors/Pre-Professionals to keep progress
on degree programs.
16
86-145
Upon motion of Regent Wooten, seconded by Regent Garner, with all
members voting aye, it was ordered that the curriculum changes
listed on the following pages be approved:
(See pages ).
86-146
Upon motion of Regent Bryce, seconded by Regent Garner, with all
members voting aye, it was ordered that the following budget
adjustment for FY 86 and FY 87 be approved:
Account
No.
Account
Name Explanation Amount
1406 Office of Affir
mative Action
Support for care-givers
of handi
capped students
$5,000
Source of Funds: Education and General Surplus
5050 Intercollegiate
Ath. (track)
Purchase of equip
ment necessary to
conduct NCAA track
meets
$28,000
Source of funds: Auxiliary Enterprise Surplus
86-147
Upon motion of Regent Hile, seconded by Regent Bryce, with all
members voting aye, it was ordered that the final budget
positions of all accounts for FY 86, as shown in the August 31,
1986, monthly report, be approved.
86-148
Upon motion of Regent Bryce, seconded by Regent Wooten, with all
members voting aye, it was ordered that the individual
instruction fee charged for music instruction be increased from
$10.00 per hour to $20.00 per hour.
86-149
Upon motion of Regent Haynes, seconded by Regent Bryce, with all
members voting aye, it was ordered that $30,000 be transferred
from Lapsed Property Deposits, Account Number 739 0, into the
Student Property Deposit Loan Fund number 8555.
UNDERGRADUATE CURRICULUM COMMITTEE
A. Additions;
Department and Number Title and Credit
B.
Agriculture 343
Agriculture 347
Agriculture 410
Agriculture 425
Agriculture 428
Agriculture 444
Home Economics 119
Home Economics 316
Home Economics 416
Theatre 405
Revisions:
Department and Number
Agriculture 313
Agriculture 310
Agriculture 333
Art 375
Art 475
Dairy Cattle Production (3)
World Crops (3)
Ag Machinery Operation and Performance (3)
Mobile Hydraulics in Agriculture (3)
Animal Reproduction Physiology (3)
Feedstuffs, Feeding and Formulation (3)
Introduction to Fashion Merchandising (3)
Interior Lighting Design (3)
Interior Design Components (3)
Acting for the Camera (3)
Current Title and Credit
Farm Tractor Power Units,(4)
Ag Machinery Operation & Performance (4)
Animal Nutrition (3)
Lettering (3)
Architectural Rendering (3)
Elementary Educ. 383 Field Experience (1) lee, (2) Lab
Geography 130
Geography 450
Home Economics 138
Military Science 205
Sociology 357
C. Deletions:
Agriculture 200
Elementary Educ.
Geography 360
Geography 405
Sociology 401
Sociology 466
384
Man's Physical Environment (3)
Area Studies (3)
Laboratory in Foods and Nutrition
Introduction to Defense Organization,
Leadership, and Tactics (2)
Human Population Dynamics (3)
Home Maintenance Mechanics (3)
Field Experience II (1)
Latin America (3)
Regional Planning (3)
Internship in Social Planning (3)
Principles of Planning (3)
New No. New Title and Credit
424 Agricultural Power Units (4)
310 Internal Combustion Engines (3)
333 Animal Nutrition (3)—Change course
description and prerequisites (3)
375 Topography and Lettering (3)
475 Illustration (3)—Change in title,
description, and prerequisites
383 Field Experience—Change course
description and credit hours (3)
130 Physical Geography (3)
450 Area Studies—Change description (3)
138 Diet and Fitness—Change description,
title, lab to lecture (3)
205 Leadership, Defense Organization^
and Advanced Tactics (2)
357 Population and Society (3)
GRADUATE CURRICULUM COMMITTEE
D. Additions:
Department and Number Title and Credit
F.
Computer Science 524
Computer Science 555
Elementary Ed 585
Revisions:
Database Management Systems—Architecture & Management (3)
Artificial Intelligence (3)
Instructional Resources for Early Childhood Education (3)
Department and Number Current Title and Credit
Computer Science 513
Computer Science 525
Economics 515
Finance 504
Finance 514
Finance 552
Finance 554
Spanish 506
Deletions:
Computer Science 502
Computer Science 532
Elementary Ed 535
Elements of Programming Style
Contemporary Systems Design
Managerial Economics
Seminar
Financial Management
Seminar: Current Developments in
Commercial Banking
Seminar in Investment Management
Semantics of Spanish
Fundamentals of Computer Science (3)
Advanced Numerical Processes (3)
Creative Arts for Young Children (3)
New No. New Title and Credit
513 Software Development Principles (3)
525 Software Development Applications (3)
515 Economic Theory (3)
504 Financial Management (3)
514 Advanced Financial Management (3)
552 Financial Institutions Management (3)
554 Investment Analysis and Portfolio
Management (3)
506 , Oral fluency in Spanish—Change in
title and course description (3)
oo
19
86-150
Upon motion of Regent Moore, seconded by Regent Haynes, with
Regent Stripling abstaining, it was ordered that a contract with
Commercial _ National Bank be approved for providing
Mastercard/Visa charge card service for use at the University
Bookstore, and that the Chairman of the Board be authorized to
sign the contract. (See page 24 for copy of contract).
86-151
Upon moton of Regent Bryce, seconded by Regent Moore, with all
members voting aye, it was ordered that the Administration be
authorized to accept bids on a new front-end processor for the
Computer Center, and that the President be authorized to sign the
^^ °rder/ with the aPProval °f the Chairman of the Bolrd of
Source of Funds: Hig+her Education Assistance Funds.
86-152
Upon motion of Regent Hile, seconded by Regent Wooten, with all
members voting aye, it was ordered that $3 0,000 be transferred
5;°mw5led2?d Auxiliary Surplus to an account to be established in
the Education and General Budget for the purpose of supplementing
travel accounts. Requests for expenditures to be approved by thl
86-153
Upon motion_ of Regent Hile, seconded by Regent Garfp.r, with all
members voting aye, it was ordered that the firm of Karsellos and
IaaaIa™ * £?ri!fd toPrePare Plans and specifications for the
addition to the Steen Library,and that the Chairman of the Board
be authorized to sign the architectural services agreement.
Source of Funds: Higher Education Assistance Funds
86-154
Upon motion of Regent Moore, seconded by Regent Bryce, with all
members voting aye, it was ordered that the contract with Drew
Woods, inc. for $267,000, for the repair to heating and cooling
water piping at Power Plant No. 1 be ratified. (See copy of
?#? £&3:«?IVpa£-e 26)« Bonds on file in Office of the Vice President
tor Administrative and Fiscal Affairs.
Source of Funds: Higher Education Assistance Funds
20
86-155
Upon motion of Regent Bryce, seconded by Regent Wooten, with all
member voting aye, it was ordered that the firm of Marsellos and
Scott be authorized to prepare plans and specifications for the
renovation of the old Art Studio Building, and that the Chairman
of the Board be authorized to sign the architectural services
agreement.
Source of Funds: Higher Education Assistance Funds
86-156
Upon motion of Regent Hile, seconded by Regent Moore, with all
members voting aye, it was ordered that the purchase order in the
amount of $2 0,500 for replacement of seating in the Science
Auditorium be approved and the President be authorized to siqn
the purchase order.
Source of Funds: Higher Education Assistance Funds
86-157
Upon motion of Regent Bryce, seconded by Regent Garner, with all
members voting aye, it was ordered that the Administration be
authorized to accept bids for the replacement of broken doors at
the Coliseum and that the President be authorized to sign the
purchase order, with the approval of the Chairman of the Board of
Regents.
Source of Funds: Pledged Auxiliary Surplus
86-158
Upon motion of Regent Garner, seconded by Regent Haynes, with all
members voting aye, it was ordered that the Administration be
authorized to accept bids for the repair and replacement of
fencing at the University Beef Farm and that the President be
authorized to sign the purchase order with the approval of the
Chairman of the Board of Regents.
Source of Funds: Higher Education Assistance Funds
86-159
Upon motion of Regent Moore, seconded by Regent Bryce, with all
members voting aye, it was ordered that the Administration be
authorized to accept bids for replacing the gymnasium floor in
21
the Lucille Norton Health and Physical Education Complex and
resurfacing twelve tennis courts, and that the President be
authorized to sign the purchase order, with the approval of the
Chairman of the Board of Regents.
Source of Fund: Higher Education Assistance Funds ($129,400
for gym floor; $15,000 for tennis courts)
Auxiliary Surplus Funds ($15,000 for tennis
courts)
86-160
Seeing t iL
Source of Funds: Pledged Auxiliary Surplus
86-161
Upon motion of Regent Hile, seconded by Regent Moore with all
auSo??J^ng ^ J* WaS °rdered th*fc **« Administration be" authorized to renovate and expand the existing paint room and
carpenter shop in the Physical Plant Department at a cost not ?
exceed $125,000 and that the President be authorized to s
necessary purchase orders. lzea to S
Source of Funds: Higher Education Assistance Funds
86-162
^votinS *llen\?rZC,t' ™?*!«^ ^""^Sira^n "be
_ . ■ ~ V~ -^—^*« «-w j.cxuuqh5 une residence lorat'p^ af
order,
Source of Funds: Higher Education Assistance Funds
86-163
authorized to accept bids for roof repair on theTusTc^Building
Source of Funds: Higher Education Assistance Funds
22
86-164
Upon motion of Regent Garner, seconded by Regent Wooten, with all
members voting aye, it was ordered that the Administration be
authorized to accept bids for the replacement of the boiler in
the Boynton Building and that the President be authorized to sign
the purchase order, with the approval of the Chairman of the
Board of Regents.
Source of Funds: Higher Education Assistance Funds
86-165
Upon moton of Regent Haynes, seconded by Regent Moore, with all
members voting aye, it was ordered that the firm of Blum
Construction Engineers be authorized to prepare plans and
specification for the replacement of chillers and boilers in
Power Plant II, and that the Administration be authorized to
submit the project to the Coordinating Board for approval, and
that the Administration be authorized to accept bids on the
project.
Source of Funds: Higher Education Assistance Funds
86-166
Upon motion of Regent Hile, seconded by Regent Garner, with all
members voting aye, it was ordered that the contract in the
amount of $2,504,970 with Pineywoods Investment Company for the
Rusk Building Renovation Project be approved and the Chairman of
the Board be authorized to sign the contract.
(See page 30 for copy of the contract)
86-167
Upon motion of Regent Hile, seconded by Regent Garner, with all
members voting aye, it was ordered that the budget for the Rusk
Building Renovation Project be approved as follows:
Construction Work $2,054,970
Architect/Engineering Service 233,148
Contingency 450,000
Administrative Costs 50,000
Furnishings 100,000
Total Budget $2,888,118
23
86-168
Upon motion of Regent Hile, seconded by Regent Haynes, with all
members voting aye, it was ordered that the Change Order for the
addition of a hard surface entry way to Homer Bryce Stadium be
approved. (See page _4i for copy of Change Order.)
Source of Funds: Pledged Auxiliary Surplus
86-169
Upon motion of Regent Garner, seconded by Regent Haynes, with all
members voting aye, it was ordered that the Administration be
authorized to accept bids for the renovation of a section of the
University Center basement for the relocation of Student
Publications, and that the Chairman of the Board be authorized to
sign the contract.
Source of Funds: Pledged Auxiliary Surplus
86-170
Upon motion of Regent Haynes, seconded by Regent Wooten, with all
members voting aye, it was ordered that the Administration be
authorized to accept bids for a weight room facility on the
concourse level of the Coliseum and for weight room equipment,
and that the President be authorized to sign the purchase order
with the approval of the Chairman of the Board of Regents. '
Source of Funds: Pledged Auxiliary Surplus
24
' iterFirst
InterRret Bank Dallas, HA.
MERCHANT BANK CARD AGREEMENT
The undersigned ("Merchant") desires to facilitate sales of merchandise or services or both by honoring MasterCard LJ Visa LJ credit cards issued by
the undersigned Bank ("Bank") and other bank cards identified by the MasterCard International or Visa U.S.A., Inc. symbols (ail of such MasterCard, Maste.-Card
International. Vis*, and Visa U.S.A.. Inc. cards being hereinafter referred to as "Cards"); and Bank desires that Merchant honor Cards and will give Merchant credit
for sales drafts taken by Merchant In honoring Cards In accordance with and subject to the terms and conditions hereinafter sat forth:
1. Merchant agrees to honor without discrimination any valid Card properly tendered tot use and to honor Cards issued by Issuers other than Bank on the
tame terms and conditions as it honors those is&ued by Bank.
2. Merchant shall not honor any Card:
(a) where the Card presented has expired or been cancelled (Merchant will check the expiration date on each Card and the current cancellation Hat
before honoring any Card, and. In the event the Card has been cancelled, shall contact Bank for instructions); or
(b) where the signature on the sales draft does not correspond to the signature on the Card (Merchant shall contact Bank for instructions If identifica
tion Is uncertain).
3. Merchant shall obtain an authorization from Bank by telephoning Bank's authorization center before completing any of the following transactions:
(a) The amount of the transaction exceeds Merchant's floor limit or the floor limit applicable to the transaction:
(b) Merchant desires to make a delayed presentment of the sales drafts;
(c) A Card is presented, but Merchant's imprinter Is not functioning, or for any other reason the sales draft cannot be imprinted with the Card;
(d) Merchant betieves that the Card may be counterfeit or stolen or that the transaction is suspicious In some manner, or
(a) The account number Is listed on Merchant's current Hot Card Notice, Restricted Card List, or similar notice or list
When obtaining such authorization. Merchant shall use its best effort to retain the Card, in any case, except where the amount of the transaction exceeds the
applicable floor limit. Merchant shall state the reason for the authorization inquiry. If Merchant is suspicious of the transaction, he shall state to the authorization
clerk 'This is Code Ten" (or other code then designated for use in such circumstances) and await instructions. Merchant shall use its best efforts to follow any in
structions or advice so given. With regard to transactions exceeding applicable floor limits, Merchant will not use two or more sales drafts to avoid authorization
calls,
4. Merchant shall use Its best efforts to recover any Card, (a) if the account number thereof Is listed on a Hot Card Notice, Restricted Card List, or similar
notice or list, (b) if the account number thereon is listed on a Visa International Card Recovery Bulletin, or similar bulletin, effective in the region where Merchant is
located, or (c) if Merchant 1s advised to retain It In response to an authorization inquiry.
5. Upon authorization, Merchant may consummate the sale and must identify the cardholder and note on the safes draft the method of identification, the
authorization number and all information furnished by Bank. Such authorization shall be limited to the specific waiver requested and given and shall not constitute
a waiver of any of the other provisions of paragraph 16 hereof. No waiver, even If given by Bank, shall be effective to validate a transaction involving the use of an
expired Cant and Merchant shall remain fully liable for any chargeback related thereto. In the »y%nt that Merchant makes a request for authorization to make a
sale when no such authorization is in fact required, Bank shall be entitled to charge, and Merchant shall be obligated to pay to Bank, a fee In addition to those fees
shown In the Schedule of Fees herein, in an amount specified from time to time by Bank for any such unnecessary request
6. A sales draft or credit memorandum on a form provided by Bank shall be used by Merchant In each Card transaction. Each such form shall be legibly im
printed with Merchant's name and number and with the Information embossed on the Card presented by the customer, shall state the date of the transaction, a
brief description of the goods or services Involved, and the total amount of the sale (including any applicable taxes) or credit, and shall be signed by the cardholder
(except in authorized telephone or mall order transactions). In the event the information embossed on the Card and the Merchant plate is not legibly imprinted on
the sales draft or credit memorandum. Merchant shall legibly reproduce at least the following information: the customer's name, account number, expiration date
and Merchant's name and place of business, and, for transactions involving MasterCard, the name or trade style of the Card issuer as it appears on the face of the
Card, the Interbank number and Interbank initials (If any). In any case in which a transaction in the United States, Canada or the Caribbean Is completed without
Imprinting the Card, whether authorization is or Is not obtained. Merchant shall be deemed to warrant the true identity of the customer as the cardholder, unless
Merchant has obtained and noted on the sales draft Independent evidence of the cardholder's true identity.
7. When a transaction is based on a pre-authorlzed order, telephone or mall order, Merchant shail type or print legibly on the signature line of the sales draft
the letters PO, TO or MO, as appropriate.
8. Except in the case of purchases in separate departments of a department store with multiple departments, Merchant shall Include, ail items, goods, and
services purchased in a single transaction in the total amount on a single sales draft except In cases of partial payment, as described below, or in cases of
delayed delivery. In casea of delayed delivery, the cardholder shall execute one sales draft upon making a deposit with Merchant and a second aales draft upon
paying the balance. Merchant shall note on the sales draft the words "deposit" or "balance" as appropriate. Merchant further agrees that it will not deposit with
Bank the sales draft labeled "balance" until the goods have been delivered or the services have been performed by Merchant
9. Merchant shall deliver the "customer copy" of the sales draft or credit memorandum to the customer at the time of the transaction. Merchant agrees It will
not in connection with any Card transaction, honor any Card as payment for only part of the consideration due on the transaction unless the balance of the price
is paid in cash by the customer at the time of such transaction. Merchant also agrees that It will not add any amount to the tag, posted, or advertised price of pro
perty or services offered by Merchant as a condition or consequence of the use of a Card with respect to a transaction Involving such property or services. Nothing
herein shall be deemed to prohibit Merchant from offering a discount to a person to Induce such person to pay by cash, check, or similar means rather than by use
of a Card or its underlying account
10. Except as provided In paragraph 21 hereof, Merchant shall have the option, but not the obligation, to establish and maintain with Bank (or Bank's approved
depository agent), a commercial checking account ("Merchant's Account"). Merchant authorizes Bank, without prior notice, to charge from time to time against
Merchant's Account any amounts payable by Merchant to Bank under the terms of this Agreement in the event Merchant elects not to establish any such commer
cial checking account with Bank. Bank will process all sales drafts complying with the terms and conditions of this Agreement on a "collection" basis, and Bank
will give Merchant credit therefor as soon as the collection process Is complete and final payment for such items has been received by Bank.
11. Subject to paragraph 16 hereof, Bank agrees to accept from Merchant for deposit to Merchant's Account all ***** drafts complying with the terms and con
ditions of this Agreement and to give Merchant credit therefor In the total face amount of ail sales drafts accepted hereunder, less the Merchant's discount and
less credit memoranda. Deposits received by 10:00 a.m. will be credited to Merchant's account the following business day. Deposits received after 10.-00 a.m. will
be credited two business days later. The "Bank copy" of each sales draft and credit memorandum shall be delivered to Bank no later than the close of business on
Bank's third business day following the date of the completion of the transaction. All figures are subject to audit and final checking by Bank and to adjustment for
Inaccuracies. In the event Bank elects to grant conditional credit for sales drafts, such election may be exercised either generally or with regard to specific sales
drafts or groups thereof on a case-by-case basis, with final credit to be granted upon such additional terms and conditions as Bank may deem appropriate.
12. Merchant agrees that It will not have any claim against or right to receive payment from, the cardholder or any other customer In any Card transaction
unless Bank refuses to accept the sales draft or revokes its prior acceptance thereof. Moreover, Merchant shall not accept any payments from a cardholder with
respect to previous charges for merchandise. However, any such payments received by Merchant will be remitted to Bank promptly.
P-211 REV. 11/82
• 25
13. All disputes between Merchant and any customer relatlr v; :o any Card transaction shall be settled between Merchant and such customer. Merchant cgrees
to Indemnify and hold Bank harmless from any claim or llaoHlty relating to any such transaction and from Merchant's breach of any of Its obligations under this
Agreement.
14. Merchant shall make no cash refund on any Card transaction but will Issue a credit memorandum tne.-efor. Bank will charge Merchant's Account with the
total face amount of each credit memorandum, less the Merchant's discount. Merchant shall, within the time penod specified by the ther. applicable law, rule, or
regulation, provide Bank with a credit memorandum or credit statement for each and every return of goods or forgiveness of a debit for services which was the sub
ject of a Card transaction.
15. Merchant agrees both (I) to comply and (ii) to cooperate with and assist Bank In complying in a complete and timely manner with all applicable laws, rules,
ind regulations now or hereinafter applicable to any Card transaction or this Agreement, and In connection therewith. Merchant agrees to execute and deliver to
Bank ail such instruments and documents and to provide Bank with all such information and reocns as Bank may from time to time reasonably deem necessary.
16. Bank may refuse to accept any sales draft or revoke its prior acceptance thereof, and In trve event of such revocation. Merchant agrees to repay Bank the
amount theretofore credited by Bank to Merchant's Account on the basis cf such sales draft. In any one or more of the following circumstances:
(a) The transaction giving rise to the sales draft was not made In compliance with all terms and conditions of this Agreement, as well as all applicable
laws, rules, and regulations of any governmental authority.
(b) The customer disputes his {lability to Bank or other issuer on any one or more of the following grounds:
(I) that the Items of merchandise or services covered by such sales draft were returned, rejected or defective in some respect, or Mer
chant has failed to perform any obligation on Its part In connection with such items of merchandise or services, and Merchant has
refused to issue a credit memorandum in the proper amount; or
fll) that the signature on the sales draft was not that of the cardholder, and Bank In good faith believes that Merchant should have
discovered this fact
17. As applicable hereunder, Bank will furnish to Merchant without charge promotional material and advertising displays indicating Merchant's participation
in the MasterCard System, the MasterCard International System, the Visa Card System, and the Visa U.SA, Inc. System, and Merchant agrees to display such
materials and displays (including the MasterCard International Symbol and Visa Symbol) prominently in Its placets) of business and to include the same, where
practicable, in its advertisements. Merchant agrees that it will not use any of the materials In such a manner so as to indicate, directly or indirectly, that either the
MasterCard System, the MasterCard International System, the Visa Card System or the Visa U.S.A., Inc. System endorses any of Merchant's goods or services.
Merchant further agrees not to use the names of "MasterCard" or "Visa" when stating eligibility to produce Merchant's products or services or for membership.
18. In addition to the materials described in paragraph 17 above, Bank will furnish Merchant without charge with sales drafts, credit memoranda and any other
forms that may be required by Bank. All promotions materials, advertising displays, emblems, sales drafts, credit memoranda and other forms supplied to Mer
chant hereunder and not consumed in use. and all imprinters rented to Merchant by Bank, shall remain the property of Bank and shall be Immediately returned to
Bank upon termination of this Agreement Bank shall have the right to remove and repossess all MasterCard System. MasterCard international System, Visa
System and Visa U.S.A., inc. System promotional materials, advertising displays and emblems, and all imprinters rented from Bank, if such removal and reposses
sion can be done reasonably and without breach of the peace. Merchant shall be fully liable for any and all loss, cost and expense suffered or incurred by Bank,
arising out of or resulting from any failure by Merchant to return ail of the aforesaid matters and things to Bank in accordance herewith.
19. This Agreement may be terminated by either party by written notice to the other, such termination to become effective on the date specified in such notice.
Ail obligations of "March ant with res Dec t to sales drafts accepted by Bank prior to the effective date of termination shall survive such termination. Without limiting
the generality of the immediately preceding sentence. It is specifically agreed that Merchant shall maintain on deposit in an account with Bank for at least 180
days following the effective date of termination, an amount of funds reasonably adequate to cover all chargebacks, deposit changes, refunds, and fees incurred by
Bank pursuant to the rules or regulations of any credit card association or processing facility, and Bank shall be entitled to charge such account for the amount of
all such matters without any prior authorization from Merchant If no such account Is established, or If the amount of funds on deposit in such an account Is not
adequate to cover the foregoing matters. Merchant shall pay Bank for all such matters upon demand by Bank,
20. This Agreement constitutes the entire agreement between the parties, shall be binding upon and Inure to the benefit of the parties hereto, their respective
personal representatives, successors, and assigns, and shall td governed by and construed In accordance with the laws of the State of Texas and, to the extent ap
plicable, the laws of the United States of America. All obligations of Merchant Incurred under this Agreement are perform able In Dallas County. Texas.
21. Merchant agrees to the schedule of fees set forth below. Bank reserves the right to change the schedule of fees, at any time and from time to time, upon not
less than 30 days prior written notice to Merchant, but no change shall be effective for any period prior to the time of giving of such notice. No formal acceptance
by Merchant shall be necessary for any such change to be effective, the continued depositing for processing pursuant to the terms hereof of sales drafts by Mer-chant
subsequent to the effective date of any such change being deemed to be a full acceptance of and agreement by Merchant to such change.
22. Any notice required or permitted hereunder shall be deemed given on the earlier of actual receipt thereof Of 2 banking business days after such notice has
been deposited in the United States malls, postage prepaid, by first-class mall, return receipt requested, addressed to the addressee thereof at the last address for
such addressee as shown on the records of the sender thereof.
23. In connection^ with this Agreement Merchant has executed and delivered to Bank a document entitled "Merchant Application" containing certain informa
tion regarding among other things, the nature of Merchant's business, its form of business organization, and the Individuals who are the principal owners of Mer
chant Merchant acknowledges that It has retained In its files a true and correct copy of such Merchant Application, and Merchant represents and warrants to
Bank that all Information and all statements In such Merchant Application are true and complete. Merchant further agrees to notify Bank promptly of any and all
changes which may occur from time to time regarding the Information contained in such Merchant Application, Including but not limited to, the identity of prin
cipal owners, the form of business organization (I.e., sole proprietorship, partnership, etc.), and type of goods and services provided. Merchant shall be and remain
fulry liable to Bank for any and all loss, cost and expense suffered or Incurred by Bank, arising out of or resulting from Merchant's failure to report all such
changea to Bank In accordance herewith.
SCHEDULE OF FEES
1. Merchant Discount 4. Imprinter Rental Fee
MasterCard OO ^> 5. Fe« for Deposit Change Notice
^° e. Chargeback Fee
/rf^/TyX Jt 7- p** *°f •■$»» authorization obtained
2. Entrance Fee ^AX^* below the floor llmrt
3. Monthly Service Charge
24. Merchant agrees that the floor limit established by this Agreement for Visa Is
and foi MasterCard Is «
Dated this day of
(MercXapjf /
InterFifirflaak.
26
THE AMERICAN INSTITUTE OF ARCHITECTS
AlA Document A101
Standard Form of Agreement Between
Owner and Contractor
where the basis of payment is a
STIPULATED SUM
1977 EDITION
THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES; CONSULTATION WITH
AN ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION
Use only with the 1976 Edition of AlA Document A201, General Conditions of the Contract for Construction.
This document has been approved and endorsed by The Associated General Contractors of America.
AGREEMENT
made as of the twentieth (20) '
Hundred and
day of October in the year of Nineteen
BETWEEN the Owner: Stephen F. Austin State University
Nacogdoches, Texas
and the Contractor:
The Project:
The Engineer:
Drew Woods, Inc.
P.O. Box 488
Carthage, Texas 75633
Revisions to Chilled/Hot Water Piping
Power Plant No. 1
Stephen F. Austin State University
Nacogdoches, Texas
Blum Consulting Engineers, Inc.
4144 N. Central Expressway, Suite 400
Dallas, Texas 75204
The Owner and the Contractor agree as set forth below.
Copyright 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967,1974, © 1977 by the American Institute of Architects, 1735 New
York Avenue, N.W., Washington, D. C. 20006. Reproduction of the material herein or substantial quotation of its provisions
without permission of the AlA violates the copyright laws of the United States and will be subject to legal prosecution.
AlA DOCUMENT A101 • OWNER-CONTRACTOR AGREEMENT • ELEVENTH EDITION • JUNE 1977 • AlA*
©1977 • THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D. C 20006 A101-1977 1
27
ARTICLE 1
THE CONTRACT DOCUMENTS
The Contract Documents consist of this Agreement, the Conditions of the Contract (General, Supplementary and
other Conditions), the Drawings, the Specifications, all Addenda issued prior to and all Modifications issued after exe
cution of this Agreement. These form the Contract, and all are as fully a part of the Contract as if attached to this
Agreement or repeated herein. An enumeration of the Contract Documents appears in Article 7.
ARTICLE 2
THE WORK
The Contractor shall perform all the Work required by the Contract Documents for
(Here insert the option descriptive of the Work is used on other Contract Documents.)
Revisions to Chilled/Hot Water Piping
Power Plant No. 1
Stephen F. Austin State University
Nacogdoches, Texas
ARTICLE 3
TIME OF COMMENCEMENT AND SUBSTANTIAL COMPLETION
The Work to be performed under this Contract shall be commenced on or before October 20, 1986 upon receipt of
Notice to Proceed
and, subject to authorized adjustments, Substantial Completion shall be achieved not later than November 28, 1986
(Here insert any special provisions ior liquidated damages relating to failure to complete on time.)
The Contractor agrees that for each calendar day the project remains
uncompleted after November 28,1986, the Owner may deduct five
hundred dollars ($500.00) per day from the compensation due the
contractor as proper, liquidated damages.
1977 . AIA*
28
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
Two Hundred, Sixty Seven Thousand ($267,000)
The Contract Sum is determined as follows:
(State here the base bid or other lump sum amount, accepted alternates, and unit prices, as applicable.)
Base Bid $267,000
Total Bid $267,000
ARTICLE 5
PROGRESS PAYMENTS
Based upon Applications for Payment submitted to thc-Engineer by the Contractor and Certificates for Payment issued
by the Engineer the Owner shall make progress payments on account of the Contract Sum to the Contractor as pro-v.
ded in the Contract Documents for the period ending the last day of the month as follows:
No-t later than Fifteen (15) 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
One Hundred percent ( 100 %) of the Contract Sum, less such amounts as the Engineer shall determine for all
incomplete Work and unsettled claims as provided in the Contract Documents.
'" ** C°""aCl D0Cumer"s' here '""" "V Proviiion lor «""«»"f « «*efof "•* •mount retained liter the Work r«ch« a ceruin
Payments due and unpaid under the Contract Documents shall bear interest from the date payment is due at the rate
entered below, or in the absence thereof, at the legal rate prevailing at the place of the Protect
any rate of interest agreed upon.)
I"? rc(?0/'.cmfcn!5 <""lc' the Federal Truth in Lending Act. similar state and local consumer credit laws and other regulations at the Owner's
respect to deletion, modification, or other requirements such as written disclosures or waivers.)
AIA DOCUMENT A101 • OWNER-CONTRACTOR ACREEMENT • ELEVENTH EDITION • JUNE 1977 • AIA*
©1977 • THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W.. WASHINGTON, D. C 20006 A101-1977 3
29
ARTICLE 6
FINAL PAYMENT
Final payment, constituting the entire unpaid balance of the Contract Sum, shall be paid by the Owner to the
Contractor when the Work has been completed, the Contract fully performed, and a final Certificate for Payment has
been issued by the Engineer.
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.
•7'2a ^htG (:onlrj!Ct 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-i^^
ZJ^Irn^rlh^- C0nditi0nS °'the Contract (Cenerat, Supplementary. and other Conditions), the Drawings, the SpecMcations, and any Addenda
ernates, showing page or sheet numbers in all cases and dates where applicable.)
Drawings dated 25 September, 1986
Sheets Al, M-l, M-2, M-3
Specifications dated 25 September, 1986
Addendum #1 dated 10 October, 1986
This Agreement entered into as of the day and year first written above.
OWNER CONTRACTOR
Stephen F. Austin State University Drew Woods, Inc.
" "— F.U. Box 488
Carthage, Texas 75633
j Acie Henigan, Jr
AIA DOCUMENT A101 '• OWNER-CONTRACTOR ACREEMENT • ELEVENTH EDITION • JUNE 1977 • AIA«
©1977 • THE AMER.CAN INSTITUTE OF ARCHITECTS, 173S NEW YORK AVE, H?«£ WASHINGTON? D. C. 20^ A101-1977 4
30
THE AMERICAN INSTITUTE OF ARCHITECTS
AlA Document A101
Standard Form of Agreement Between
Owner and Contractor
where the basis of payment is a
STIPULATED SUM
1977 EDITION
THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES; CONSULTATION WITH
AN ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION
This document has been approved and endorsed by The Associated General Contractors of America.
AGREEMENT
made as of the twenty-seventh(27th) day of October
Hundred and eighty-six (1986)
in the year of Nineteen
BETWEEN the Owner: STEPHEN F. AUSTIN STATE UNIVERSITY
Nacogdoches, Texas
and the Contractor:
The Project:
The Architect:
Pineywoods Investment Co., Inc. & R. Gerald Jones,Ind.-
A Joint Venture
808 N. University Drive
Nacogdoches, Texas 75961
Renovations & Alterations to the
THOMAS J. RUSK BUILDING
Stephen F. Austin State University, Nacogdoches, Texas
A. Warren Morey Associates, Inc.
11615 Forest Central Drive, Suite 211
Dallas, Texas 75243
The Owner and the Contractor agree as set forth below.
Copyright 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, © 1977 by the American Institute of Architects, 1735 New
York Avenue, N.W., Washington, D. C. 20006. Reproduction of the material herein or substantial quotation of its provisions
without permission of the AlA violates the copyright laws of the United States and will be subject to legal prosecution.
AIAJ)OCUMJENrr A101 • OWNER-CONTRACTOR AGREEMENT • ELEVENTH EDITION • JUNE 1977 •. AlA*
31
ARTICLE 1
THE CONTRACT DOCUMENTS
-r, ~ , . ~ , ,. , Uniform General Conditions
The Contract Documents consist of this Agreement, the Conditions of the Contract (2HD0)^5^ppte«enKi^ ;xcd
^S^Stttf&tfSfvs), the Drawings, the Specifications, all Addenda issued prior to and all Modifications issued after exe
cution of this Agreement. These form the Contract, and all are as fully a part of the Contract as if attached to this
Agreement or repeated herein. An enumeration of the Contract Documents appears in Article 7.
ARTICLE 2
THE WORK
The Contractor shall perform all the Work required by the Contract Documents for
(Here insert the caption descriptive ot the Work as used on other Contract Documents J
Renovations & Alterations to the
THOMAS J. RUSK BUILDING at
Stephen F. Austin State Univ., Nacogdoches, Texas
ARTICLE 3
TIME OF COMMENCEMENT AND SUBSTANTIAL COMPLETION
The Work to be performed under this Contract shall be commenced on or about January 1, 1987
upon receipt of "Notice to Proceed"
and, subject to authorized adjustments, Substantial Completion shall be achieved not later than 31 March 19 88 .
(Here insert any special provisions lor liquidated damages relating to failure to complete on time.)
The Contractor agrees that for each calendar day the
project remains uncompleted after 31 March, 1988, the Owner
may deduct $1,000 per day from the compensation due the
Contractor as proper, liquidated damages.
32
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
Two million, Five hundred four thousand, nine hundred seventy dollars
($2,504,970.00)
The Contract Sum is determined as follows:
(Stele here the base bid or other lump sum amount/accepted alternates, and unit prices, as applicable.)
Base Bid $2,498,915.00 The Base Bid-shall include the
following stipulated allowances:
Alternate #1 6,055.00
—— — Contingency $450,000.
TOTAL BID $2,504,970.00 Finish hardware 60,000.
Identifying devices 8,000.
Building plaque 1,200.
Draperies 300.
Silver recovery system 2,500.
Electric door strikes 750.
ARTICLE 5
PROGRESS PAYMENTS
Based upon Applications for Payment submitted to the Architect by the Contractor and Certificates for Payment issued
by the Architect, the Owner shall make progress payments on account of the Contract Sum to the Contractor as pro
vided in the Contract Documents for the period ending the last day of the month as follows:
n?«2t«£iit eSn, il5L ,dLayS folIowinSthe end of t^ Period covered by the Application for Payment
ninety-five percent (95 %) of the portion of the Contract Sum properly allocable to labor, materials and
equ.pment incorporated in the Work and ninety-five percent ( 9$ %) 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
hi writing, for the period covered by the Application for Payment, less the aggregate of previous payments made by the
S^tf^i'K!!*Substant|a'C,om pletion of the entire Work, a sum sufficient to increase the total payments to
one hundred percent (100%) 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.
C°n'raCt DoComentJ' here insen ™VP«»™« tot limiting or reducing the amount retained alter the Work reaches a ceru/n
Payments due and unpaid under the Contract Documents shall bear interest from the date payment is due at the rate
entered below, or in the absence thereof, at the legal rate prevailing at the place of the Project
(Here insert any rite of /merest agreed upon.) '
Usury laws and requirements under the federal Truth in Lending Act, similar state and local consumer credit laws and other regulations at the Owner's
^SSZ^A',?, T/r' 'r° '°""°1 °' 'he ?'°iect and J/sctv'IC'c "">■ a"e« "" ""<"* ol «*'* P"»"fe»- *&!»« legal adviceTsTou/tf be obtained with respect to deletion, modification, or other requirements such as written disclosures or waivers.) *-»«.<• jmuuiu
AIA DOCUMENT A101 • OWNER-CONTRACTOR AGREEMENT • ELEVENTH EDITION • JUNE 1977 • AIA»
©1977 • THE AMCRICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W.. WASHINGTON, D. C 20000 A101-1977 3
33
ARTICLE 6
FINAL PAYMENT
Final payment, constituting the entire unpaid balance of the Contract Sum, shall be paid by the Owner to the
Contractor when the Work has been completed, the Contract fully performed, and a final Certificate for Payment has
been issued by the Architect, (subject to other items identified under the Uniform
General Conditions for the State of Texas, dated July, 1986.)
ARTICLE 7
MISCELLANEOUS PROVISIONS
Uniform General Conditions for the State of Texas
diignSin'tho'se Condons"16"1 "^ ** ^"^ '" *' 'fi^KK»X<Jtok«£KMKiS shall have the meanings July 1986
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:
<USl^!%l\?!££r!h?J- Cond!tions ?' "" Contract (Ceneral. Supplement,*, and other Conditions), the Drawings, the Speculations, and any Addend,
s, showing page or sheet numbers in ill cases and dates where applicable.) «uuciio»
Drawings dated 15 September 1986
Sheets A0.1, Al.l to A1.3, A2.1 to A2.4, A3.1 to A3.11,
A4.1 to A4.5, A5.1 to A5.6, A6.1 to A6.3,
A7.1 to A7.3.
Specifications dated 15 September 1986.
Addendum #1 dated 3 October 1986
including sheets A2.2, A3.2, A3.7, A3.9, A3.11,
A4.2, A4.5, A5.1, A5.2, A5.3, A5.5, A7.1, A7.2,
A7.3
including Supplemental Details, SD-1, SD-2, SD-3,
SD-4, SD-5 and SD-6.
Addendum #2 dated 9 October 1986
including Supplemental Detail, SD-7.
This Agreement entered into as of the day and year first written above.
OWNER CONTRACTOR
, Pineywoods Investment Co. Inc. & R. Gerald
Stephen F. Austin State Univfirs-i+y Jones. Independent - A Joint Venture
BY R. Gerald Jonef
AIA DOCUMENT A101 • ^WNER-CONTRACTOR AGREEMENT • ELEVENTH EDITION • JUNE 1977 • AIA*
©19;; • THE AMERICAN INSTITUTE OF ARCHITECTS. 1735 NEW YORK AVE., N.W.. WASHINGTON, D. C 20006 A101-1977 4
m
(i
8:
'a
UNITED STATES
(A Stock Company)
TEXAS STATUTORY PERFORMANCE BOND
(Penalty of this bond must be 100% of Contract amount)
BOND NUMBER.18^0120-11021-86-?
STATE OF TEXAS
COUNTY OF NACOGDOCHES
KNOW ALL MEN BY THESE PRESENTS:
That.. .Pineywp.o.ds. Investment .Co,,, .inc.. .and. .R.. Gerald .Jones,. Individual..-.
A Joi nt .Venture
(hereinafter called the Principal), as Principal, and UNITED STATES FIDELITY AND GUARANTY COM
PANY, a corporation organized under the laws of the State of Maryland, and duly authorized to do
business in the State of Texas, (hereinafter called the Surety), as Surety, are held and firmly bound unto
.Stephen. F.. .Au&ti n. State. .Uni.v.ersi.ty.,. Racogdoches, .Texas
(hereinafter called the Obligee), in the penal sum of. Two. Mill i.o.n, .F.lve. Hundred .Four .Thousand,
... .Nine. .Hundred. Seventy .r.-.-.-Tr.-.-.-;Tr.-.-Tr.-.--Tr.-.-.Trr
($..2.,504,370.0.0...) for the payment of which sum well and truly to be made, we bind ourselves,
our heirs, administrators, executors, successors and assigns, jointly and severally, firmly by these presents.
WHEREAS, the Principal has entered into a certain written contract with the Obligee, dated the
• • • - — day of Q?$P£SC 19.86.., a copy of which is hereto attached and made a part
hereof, for
Renovations & Alterations to the
THOMAS J. RUSK BUILDING
Stephen F. Austin State University, Nacogdoches, Texas
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal
shall faithfully perform the work in accordance with the plans, specifications and contract documents,
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, Chapter
4 of Vernon's Revised Civil Statutes of Texas as amended by the Acts of the Regular Session of the 56th
Legislature, 1959, and all liabilities on this bond shall be determined in accordance with the previsions
thereof to the same extent as if it were copied at length herein.
IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument this
Jth daypf... October. 19.86V.
/ PINEYWOODS INVESTMENT CO., INC. AND R. GEF
JONES.,. \m.. .7. A. JO I NX .VENTURE (Sea|)
Individual X^\^>l^A^ %t>-yi^r^^
ft'-' 'Ge^raYd" Jones',"«/ PresT denif
UNITED STAGES FIDJEUTY AND-6BARANTY COMPANY
'%
m
;§!
H\
m
.•#l
piij
p!
pfj
Si
I
R. Gerald Jones,
Y
Max Green, f
m
Attorney-in-fact
35
CERTIFIED COPY
GENERAL POWER OF ATTORNEY
No .9.179.5
Knoto all Men by these Present*:
That UNITED STATES FIDELITY AND GUARANTY COMPANY, a corporation organized and existing under the laws of the
State of Maryland, and having its principal office at the City of Baltimore, in the State of Maryland, does hereby constitute and appoint
of the City of Nacogdoches
its true and lawful attorney in and for the State of Texas
Joe Max Green
, State of Texas
for the following purposes, to wit:
To sign its name as surety to, and to execute, seal and acknowledge any and all bonds, and to respectively do and perform any and
all acts and things set forth in the resolution of the Board of Directors of the said UNITED STATES FIDELITY AND GUARANTY
COMPANY, a certified copy of which is hereto annexed and made a part of this Power of Attorney; and the said UNITED STATES
FIDELITY AND GUARANTY COMPANY, through us, its Board of Directors, hereby ratifies and confirms all and whatsoever the said
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 day of
February , A. D. 19 71
UNITED STATES FIDELITY AND GUARANTY COMPANY.
(SEAL)
STATE OF MARYLAND,
BALTIMORE CITY,
On this 26th
Karl H. Doerre
H. Ronald Kirkland
(Signed)
(Signed)
day of February
Br Karl # HAm Doerre
Vice-President.
H?aaRonaldaKirklandaBaa
Assistant Secretary.
*71
A. D. 19 * , before me personally came
, Vice-president of the UNITED STATES FIDELITY AND GUARANTY
Assistant Secretary of said Company, with both of
Notary Public.
COMPANY and
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 tbe said UNITED. STATES FIDELITY AND GUARANTY COMPANY, the cor-poration
described in and which executed tbe foregoing Power of Attorney; that they each knew tbe seal of said corporation; that tbe
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 tbe first day in July, A. D. 19..7.T....
(SEAL) (Signed) Herbert:.J...Au.11
STATE OF MARYLAND
BALTIMORE CITY,
I, Robert H. Bouse t Clerk of tbe Superior Court of Baltimore Gty, which Court is a
Court of Record, and has a seal, do hereby certify that Herbert J • Atlll , Esquire, before
whom the annexed affidavits were made, and who has thereto subscribed his name, was at tbe 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 seal of the Superior Court of Baltimore Gty, tbe same being a Court
of Record, this 26th day of February t a. D. 19 71
Set.
(SEAL) (Signed) R9j??*\t #• 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.
There/ore, be it Resolved, that this Company do, and it hereby does, authorize and empower its President or either of its Vice-
Presidents m 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 police* and executing or guaranteeing bond, 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
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 Kcurily 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.
rtlARANTY nSSSf2vej Gu' ?al<kS., L * " Ass!eUnt Seereuiy of the UNITED STATES FIDELITY AND
GUAKAWTY COMPANY, do hereby certify that the foregoing is « full, true and correct copy of the original power of attorney given
by said Company to
Joe Max Green
? tk N£c,°edoch,es 3 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
, ,1 T°f Said Company' duI* caIled *nd heId 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. g
™™D^Mvr WheTe°f> l havc Hereunto set my hand and the seal of the UNITED STATES FIDELITY AND GUARANTY
COMPANY on r\ . i ^.—
October 27, 1986.
(Date)
0
Assistant Secretary.
I
iI!
37"
n . * K '
UNITED STATES FiDELr®SEUAHANTY COMPANY
(A Stock Company)
TEXAS STATUTORY PAYMENT BOND
(Penalty of this bond muit be 100% of Contract amount)
STATE OF TEXAS
COUNTY OF nacogdoches BOND N1IMRFB 18-0120-11021-86-9
KNOW ALL MEN BY THESE PRESENTS:
N That Pinevwoods InvgslniejitMjCoAJt^nc^jand R. Gerald Jones, Individual-
A Joint Venture
|& (hereinafter called the Principal), as Principal, and UNITED STATES FIDELITY AND GUARANTY COMPANY, a
^ corporation organized under the laws of the State of Maryland, and duly authorized to do business in the
State of Texas, (hereinafter called the Surety), as Surety, are held and firmly bound unto
|>| Stephen f. Austin State University. Nacogdoches, Texas
l|;1i (hereinafter called the Obligee), in the penal sum nf Two Million, Five Hundred Four Thousand,
|j Nine Hundred Seventy Pr||nr
i|| ($ '——* ) for the payment of which sum well and truly to be made, we bind ourselves,
jg1 our heirs, administrators, executors, successors and assigns, jointly and severally, firmly by these presents.
WHEREAS, the Principal has entered into a certain written contract with the Obligee, dated *h*> 27th
day of October § 19.-86, a copy of which is hereto attached and made a part hereof, for
Renovations & Alterations to the
THOMAS J. RUSK BUILDING
Stephen F. Austin State University, Nacogdoches, Texas
il
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall pay
gg 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.
Jg PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Article 5160, Chapter 4
of Vernon's Revised Civil Statutes of Texas as amended by the Acts of the Regular Session of the 56th Legis
lature, 1959, and all liabilities on this bond to all such claimants shall be determined in accordance with the
provisions thereof to the same extent as if it were copied at length herein.
iy IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument this
& 27th day Q* October } 9_861 |j
II ^ cl sj) /i^", I>INEYWOODS INVESTMENT CO., INC. AND R. GERALli
f— ^ — sj, JONES, IND. - A JOINT VENTURE /c h
R. Gerald Jones, ^ fndT\ndual ^~7 TTTTT"" ( }
R. Gerald Jones, (/ Pres*:oonx
UNITED ^TES^IDELITY ANP ^ARANTY COMPANY
.(Seal)
_ Joe Max Green,
38
CERTIFIED COPY
GENERAL POWER OF ATTORNEY
No .9.1795
Knoxo all Men by these Presents:
That UNITED STATES FIDELITY AND GUARANTY COMPANY, a corporation organized and existing under the laws of the
Stale 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 Nacogdoche8 , State of
its true and lawful attorney in and for the State of Texas
Texas
for the following purposes, to wit:
To sign its name as surety to, and to execute, seal and acknowledge any and all bonds, and to respectively do and perform any and
all acts and things set forth in the resolution of the Board of Directors of the said UNITED STATES FIDELITY AND GUARANTY
COMPANY, a certified copy of which is hereto annexed and made a part of this Power of Attorney; and the said UNITED STATES
FIDELITY AND GUARANTY COMPANY, through us, its Board of Directors, hereby ratifies and confirms all and whatsoever the said
Joe Max Green
may lawfully do in the premises by virtue of these presents.
In Witness Whereof, the said UNITED STATES FIDEUTY 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 day of
February , A.D. 19 71
UNITED STATES FIDELITY AND GUARANTY COMPANY.
(SEAL)
STATE OF MARYLAND,
BALTIMORE CITY,
(Signed)
(Signed)
Br Karl H• Dperre
Vice-President.
e H. Ronald Kirkland
Assistant Secretary.
On this 26th day of ,71
COMPANY and
Karl H. Doerre
H* Ronald Kirkland
February f A D 19 , if before me pcrsonally camc
, Vice-President of the UNITED STATES FIDELITY AND GUARANTY
, 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....
(SEAL) (Signed) HerbertJ. ..Aull
STATE OF MARYLAND )
BALTIMORE CITY, J
I, Robert H. Bouse , Clerk of the Superior Court of Baltimore Gty, which Court is a
Court of Record, and hat a seal, do hereby certify thtt Herbert J . Atlll - , Esquire, before
whom the annexed affidavit! were made, and who has thereto subscribed his name, was at the time of so doing t Notary Public of the
State of Maryland, in and for the City of Baltimore, duly commissioned and sworn and authorized by law to administer oaths and take
acknowledgments, or proof of deeds to be recorded therein. I further certify that I am acquainted with the handwriting of the said
Notary, and verily believe the signature to be his genuine signature.
In Testimony Whereof, I hereto set my hand and affix the seal of the Superior Court of Baltimore Gty, the same being a Court
of Record, this 26th day of February , A. D. 19 71
(SEAL)
Notary Public.
Set.
(Signed) P.?.1? ?.?*..**.•
Clerk of the Superior Court of Baltimore City.
39
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 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.
A 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
°J u 'NgCOgdOCheS, Texas , authorizing and empowering him to sign bonds as therein set
lortn, 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 ^^
(Date)
0
Assistant Secretary.
Joe Max Green Insurance Agency, Inc.
P.O. Box 1202
Nacogdoches, Texas 75963-1202
NAMt AND ADDHfSS O» INV.IKU1
Piney Woods Investments Co., Inc.
P.O. Box 1068
Nacogdoches, Texas 75963-1068
COMPANIES AFFORDING COVERAGES
United States & Fidelity & Guaranty
COMPANY
I f 111 U
D
COMPANY
i. l r t f n
Vr?al&lUC^ °f iR5"ra"" llSted belowuhave been 'ssued to the insured named above and are in force at this time. "Notwithstanding any requirement, term or condition
.« or otner cocument w:tn rpc.nprt tr> which thic roriiWi/--af/a mou kn ;^^,.^w «. ~.-,.. ^ « *i._ : -u i__, l. .l . .- • ? .... . . . .
Limits of Liability in Thousands (000)
X S- Of -EF.'A
I tY| fXl\OSlON and CCl'.-'-'^
j JY I c?'J0LCts COW-vf :r:«
! jfcj OPERATIONS '••.//.pf
| JJ "ONTRCT
TMP072700804
AUTOMOBILE LIABILITY
1CC071342909 3-18-87 iA;-, ACCIDENT)
EXCESS LIABILITY
i 20 '■•••BftLl--. '>■>■•••/ CEP043763379 3-18-87
WORKERS' COMPENSATION
and
EMPLOYERS'LIABILITY WC391064613016 3-18-87 m^^^^^^i
CRlPTiON OF OPEPA1IONS-IOCATIONS-VEhiCI.es
1^
Cancellation: Should any of the above described policies be cancelled before the expiration date thereof, the issuing com-pany
will endeavor to mail 14 days written notice to the below named certificate holder, but failure to
mail such notice shall impose no obligation or liability of any kind upon the company.
m
*"'•■ ■■'- Q
AN!; A|-.[,RfvsOr U PTiFiCAU hOI DE R
Stephen F, Austin State University
Nacogdoches, Texas
date .ssued November 5. 1986
ArjTHCy^fID REPRESENTATIVE
Joe P. Lamb
Engineering, Inc.
41
0ATE September 25, 198G
CHANGE ORDER NO I
Jue P. Lamb
Engineering, Inc.
PROPOSAL REQUEST NO.
DATE August 25, 1986
1
PROJECT
Drainage Improvements at Lumberjack Stadium
OWNER
PROJECT NO.
24-503-000
Stephen F. Austin State University
NOTICE TO CONTRACTOR: Please submit an itemized quotation for changes in the Contract Sum or Contract Time incidental
to proposed modifications in the Contract Documents as described below. If acceptable, a change order will be issued to authorize
the work. THIS IS NOT A CHANGE ORDER NOR AUTHORIZATION TO PROCEED WITH THE WORK AS DESCRIBED
SUBJECT
Electrical junction boxes
DESCRIPTION
Substitute fiberglass electrical junction boxes, Model RJ 1614S as manufactured
by Robroy Industries for cast aluminum junction boxes, Model YF 121208-A as
manufactured by 0-Z/Gedney.
(CONTINUE ON PAGE 2. IF NECESSARY)
REASON FOR CHANGE
Excessive delivery time. Would not accomodate construction schedule.
ATTACHMENTS (If Any)
D Revised Drawings .
Q New Drawings
oth«r Catalog description
PROPOSAL SUMMARY
Change in Contract Sum Add (Deduct) S
Change in Contract Time Add (Deduct)
-27/1.92 . )
:l0-
Gorreli Contracting Co.
""" CONTRACTOR 9-15-86
REPRESENTATIVE DATE
CS Contractor^ Q Engineer
55 Owner If Q Consultant
D File Q
REQUESTEO BY
PROJECT OIRECTOR
43
NEW
A KPDLISTEDI
m!-rlP?f Pi,Hing^ Covers ■ Ex{ernal Mounting Feet-
Oiltight, Dustfree, Watertight (See ordering information)
'Fiberglass Hfnge Not Available On These Models.
Ordering Information
The above information has determined
the enclosure size you desire. See
Back Page Foldout for proper NEMA
designations.
Sec drawing G
Examples: RJ 806 with latch =
RJ 806HLL
RJ 806 with screwheld
cover = RJ 806S
Fiberglass Hinge Not Available on These Models
Screwheld Covers and Piano Hinged Covers-
Oi tight and Dustfree — NEMA 12 K Style-
Oi tight Dustfree and Raintight — NEMA 3' S' and
HW Styles; Watertight - NEMA 4X W Style
Catalog
Number
— 1 1 ;
il ()r.i'.vini|«; mi li;i<k nl lMck|i.njij
I
■A4-
■•r
Joe P. Lamb
Engineering, Inc.
45
date October 31, 19 86
CHANGE ORDER NO..
Joe P. Lamb
Engineering, Inc.
date September 25, 1986
PROPOSAL REQUEST NO.
Drainage Improvements at Lumberjack Stadium PROJECT NO.
24-503-000
Stephen F. Austin State University
NOTICE TO CONTRACTOR: Please submit an itemized quotation for changes in the Contract Sum or Contract Time incidental
to proposed mod.fications in the Contract Documents as described below. If acceptable, a change order will be issued to authoriz-the
work. THIS IS NOT A CHANGE ORDER NOR AUTHORIZATION TO PROCEED WITH THE WORK AS DESCRIBED
Turfed areas in corners of stadium floor.
DESCRIPTION
Substitute sofid block sodding as specified by SFASU for bermuda grass seeding.
(CONTINUE ON PAGE 2. If NECESSARY)
REASON FOR CHANGE
Too late in growing season for seed to germinate and adequately provide grass
ATTACHMENTS (If Any)
" D Revised Drawings
□ New Drawings
0 Other
PROPOSAL SUMMARY
Change in Contract Sum (^Add) (Deduct) S Q 3 5 1 0
Change In Contract Time Add (Deduct) __________
Gorreii Contracting Co.,
CONTRACTOR
taw A. October 21, 1986
REPRESENTATIVE
OATE
DISTRIBUTION
55 Contractor Q Engineer
X Owner
D File
G Consultant
D,
REQUESTED BY
PROJECT OIRECTOR
Joe P. Lamb
Engineering, Inc.
47
date September 25, 1986
PROPOSAL REQUEST NO.
Drainage Improvements at Lumberjack Stadium PROJECT NO.
24-503-000
Stephen F. Austin State University
NOTICE TO CONTRACTOR: Please submit an itemized quotation for changes in the Contract Sum or Contract Time incidental
to proposed modifications in the Contract Documents as described below. If acceptable, a change order will be issued to authorize
the work. THIS IS NOT A CHANGE ORDER NOR AUTHORIZATION TO PROCEED WITH THE WORK AS DESCRISED
SUBJECT
Stadium entry road extension.
Extend the field entry road from its present terminus at the pedestrian
bridge to the athletic track.
(CONTINUE ON PAGE 2. IF NECESSARY)
REASON FOR CHANGE "~ "~ —
Provide all weather access to field for emergency vehicles and athletes,
<ENTS (If Any)
□ Revised Drawings
& New Drawings Stadium Entry Road Plan - Sheet 6A of 10
D Other
PROPOSAL SUMMARY
Change in Contract Sum \Adc£) (Deduct) S 1 3 , 60?
Change in Contract Time Add (Deduct)
days
GorrPii rnntr.rtjnn
CCOONNTTRRAACCTTOO R REPRESENTATIVE
Ort.nh.r
DATE
S3 Contractor
35 Owner
□ File
D Engineer
G Consultant
a
REQUESTED BY
I ^ £/Wyl
PROJECT DIRECTOR
Paae 1 of 2
DESIGN NOTES AND COMPUTATIONS.
subject: Stadium Entry Road Extension
48
SHEET NO. •OF
Joe P. Lamb
Engineering, Inc.
49
date September 25, 1986
PROPOSAL REQUEST NO.
OWNER
Drainage Improvements at Lumberjack Stadium
PROJECT NO.
24-503-000
Stephen F. Austin State University
NOTICE TO CONTRACTOR: Please submit an itemized quotation for changes in the Contract Sum or Contract Time incidental
to proposed modifications in the Contract Documents as described below. If acceptable, a change order will be issued to authorize
the work. THIS IS NOT A CHANGE ORDER NOR AUTHORIZATION TO PROCEED WITH THE WORK AS DESCRIBED
SUBJECT
Stadium entry road repairs and improvements,
DESCRIPTION
1.
2.
Repair sections of existing pavement damaged during construction of
drainage improvements.
Provide 34 linear feet of new roadway between entry gate and beqinninq
of existing roadway.
(CONTINUE ON PAGE 2. IF NECESSARY)
REASON FOR CHANGE
Existing pavement section inadequate for construction traffic.
Existing road was not constructed to limits of existing fenced enclosure,
ATTACH (If Any)
D Revised Drawings
& New Drawings Stadium Entry Road Plan - Sheet 6A of 10
D Other
PROPOSAL SUMMARY
Change in Contract Sum (^Addj) (Deduct)
Change in Contract Time Add (Deduct)
11,446.70
.days
Gorreii Contracting Co/ Inc.
CONTRACTOR REPRESENTATIVE
October 21, 1986
OATE
12 Contractor
QQ Owner
□ File
D Engineer
G Consultant
D
REQUESTED BY
PROJECT DIRECTOR
1 nf
DESIGN NOTES AND COMPUTATIONS.
subject.- Stadium Entry Road Repairs-and Improvements
50
tHEET NO. •OF
P. Lamb
Engineering, Inc.
date October 31, 1986
CHANGE ORDER NO L
oca P. Lamb
Engineering, Inc.
PROPOSAL REQUEST NO.
DATE
6
52
October 17, 1986
PROJECT
Athletic Track Preparation at Homer Bryce Stadium
PROJECT NO.
24-503-000
OWNER
Stephen F. Austin State University
NOTICE TO CONTRACTOR: Please submit an itemized quotation for changes in the Contract Sum or Contract Time incidental
to proposed modifications in the Contract Documents as described below. If acceptable, a change order will be inued to author!:-
the work. THIS IS NOT A CHANGE ORDER NOR AUTHORIZATION TO PROCEED WITH THE WORK AS DcSCai«D
SUBJECT
Revisions to Pole Vault Facility
DESCRIPTION
1. Remove approximately 644 SF of existing 4 1/2" PC concrete apron
2. Remove 4 existing 12" x 12" inlets. Salvage frames and grates.
3. Place approximately 14.0 CY of fill material such that the finish grade of the
sod will be flush with the surface of the pole vault runway and vault box apron,
4. Install approximately 44 LF of 611 PVC drain line. Connect to existing 6" drain.
5. Construct 4 - 12" x 12" inlets. Use salvaged frames and grates.
6. Place approximately 72 SY of Bermuda Grass block sodding on new fill area.
(CONTINUE ON PAGE 2. IF NECESSARY)
REASON FOR CHANGE
Provide safety for aborted pole vault attempts,
ATTACHMENTS (If Any)
D Revised Drawings ,
□ New Drawings
Q Other
PROPOSAL SUMMARY
Change in Contract Sum (^Md) (Deduct) $ 3/37. SO
Change in Contract Time Add (Deduct) .days
CONTRACTOR
I nc .( jLm
REPRESENTATIVE
October 21. 1986
OATS
£ Contractor "^ □ Engineer
£ Owner D Consultant
D F:le □
REQUESTED BY
PROJECT DIRECTOR