Stephen F. Austin
State University
Minutes of the
Board of Regents
Nacogdoches, Texas
April 23,1985
Volume 72
INDEX
MINUTES OF THE MEETING
STEPHEN F. AUSTIN STATE UNIVERSITY
BOARD OF REGENTS
HELD IN NACOGDOCHES, TEXAS
April 23, 1985
Page
85-57 Election of Chairman of the Board 2
85-58 Election of Vice Chairman of the Board 2
85-59 Election of Secretary to the Board 2
85-60 Approval of Minutes of January 22f 1985 .... 2
85-61 Faculty and Staff Appointments. . 2
85-62 Changes in Status 10
85-63 Resignations n
85-64 Retirements 12
85-65 Leave of Absence 13
85-66 Return from Leave 13
85-67 Designation of Regents1 Professors 13
85-68 Tenure Awards 13
85-69 Approval of Budget Adjustments for FY85 .... 14
85-70 Approval of Summer Budget for 1985 14
Certification 14
85-71 Approval of Change Order No. 2—Griffith Fine
Arts Renovation Project 15
85-72 Approval of Contract for Re-roofing Projects. . 15
85-73 Approval of Budget for Re-roofing Projects. . . 15
85-74 Approval of Contract on Extension of Stadium/
Coliseum Parking Lot Project 15
85-75 Approval of Budget for Stadium/Coliseum Parking
Lot Project 16
85-76 Authorization to Seek Bids on Telephone
System 16
85-77 Approval of Change Order No. 2—Dormitory 20
Project 16
Change Order No. 2 - Griffith Fine Arts .... 17
Change Order No. 2 -.Utley-James"of Texas ... 18
Contract - Claytor Blake III, Inc 19
Contract - Bohner Roofing & Metal, Inc 36
MINUTES OF THE MEETING
BOARD OF REGENTS
STEPHEN F. AUSTIN STATE UNIVERSITY
HELD IN NACOGDOCHES, TEXAS
April 23, 1985
The meeting was called to order by Mr. Fletcher Garner, Chairman
of the Board of Regents, at 9:00 a.m. April 23, 1985.
REGENTS -
PRESENT:
ABSENT:
Mr. Homer Bryce of Henderson
Mr. Fletcher Garner of Bridge City
Mr. Luke Honea of Wildwood
Mr. Larry Jackson of Piano
Mr. Phil Simpson of Dallas
Ms. Willia B. Murphy Wooten of Crockett
Mr. Ted Bowen of Houston
Mrs. George Cullum, Jr. of Dallas
Mr. Glenn Justice of Dallas
STAFF -
PRESENT: Dr. William R. Johnson, President of the
University
Dr. Baker Pattillo, Vice President for
University Affairs
Mr. Don L. Henry, Vice President for Ad
ministrative and Fiscal Affairs
Mr. Robert Provan, General Counsel
Dr. Nancy Speck, Director of Development
^PRESENT; Mr. Danny Fantoni, TSE Unior Representative
Mr. Louis Sartar, TSE Union Representative
Two Dozen Employees and Community Residents
Ms. Donna McCollum, KTRE-TV News
Reporter for the Pine Log
85-57
Upon motion of Regent Simpson, seconded by Regent Honeaf
with all members voting aye, it was ordered that Regent Garner
be elected as Chairman of the Board.
85-58
Upon motion of Regent Simpson, seconded by Regent Honea,
with all members voting aye, it was ordered that Regent Jackson
be elected as Vice Chairman of the Board.
85-59
Upon motion of Regent Simpson, seconded by Regent Honea,
with all members voting aye, it was ordered that Don L. Henry
be elected as Secretary to the Board.
85-60
Upon motion of Regent Simpson, seconded by Regent Wooten,
with all members voting aye, it was ordered that the minutes
of the meeting of January 22, 1985, be approved.
85-61
Upon motion of Regent Bryce, seconded by Regent Jackson,
with all members voting aye, it was ordered that the following
individuals be, employed for the positions, dates, and salaries
indicated:
1. Department of Administrative Services
Ms. Stephanie Ann Smith, Part-time Instructor in
Administrative Services, at a salary rate of $1,500 for
25% time for the spring.semester, 1985. ,
Ms. Elizabeth Ryan Brice, Part-time Instructor in
Administrative Services, at a salary rate of $1,500 for
25% time for the spring semester, 1985.
Dr. Libbyrose D. Clark, Part-time Instructor in
Administrative Services, at a salary rate of $6,000 for
75% time for the spring semester, 1985.
Dr. Robert Brian O'Keefe, Part-time Instructor in
Administrative Services, at a salary rate of $1,500 for
25% time for the spring semester, 1985.
Ms. Sarah Nelle Richardson, Part-time Instructor in
Administrative Services, at a salary rate of $5,250 for
75% time for the spring semester, 1985.
2. Department of Agriculture
Mr. Paul Wayne Weatherford, 23, Dairy Farm Manager, at
a salary rate of $14,061 for 100% time for twelve months,
effective January 2, 1985.
3. Department of Communication
Mr. Steve Richard Jennings, 31, B.A. (Stephen F. Austin
State University), Part-time Instructor in Communication,
at a salary rate of $1,600 for 25% time for the spring
semester, 1985.
Mr. Mike Shapiro, 66, Part-time Instructor in-
Communication, at a salary rate of $2,000 for 25% time
for the spring semester, 1985.
Ms. Kerri E. Tate, Part-time Instructor in Communication,
at a salary rate of $1,750 for 25% time for the spring
semester, 1985.
Ms. Helen Varner, Part-time Instructor in Communication,
at a salary rate of $5,250 for 75% time for the spring
semester, 1985.
Ms. Deborah T. Yarrow, Part-time Instructor in
Communication, at a salary rate of $1,675 for 25% time
for the spring semester, 1985.
Mr. Mark Zindler, Part-time Instructor in Communication,
at a salary rate of $2,000 for 25% time for the spring
semester, 1985.
4. Department of Computer Science
Dr. John W. Anderson, Part-time Assistant Professor,
at a salary rate of $6,608 for 50% time for the spring
semester, 1985.
5. Department of Counseling and Special Educational Programs
Ms. Beverly Hall, 27, M.Ed. (Stephen F. Austin State
University), Part-time Instructor in Counseling and Special
Education, at a salary rate of $1,000 for 25% time for
the spring semester, 1985.
6. Criminal Justice Program
Mr. Brian J. Kelly, 40, M.A. (Sam Houston State
University), Part-time Instructor in Criminal Justice,
at a salary rate of $1,500 for 25% time for the spring
semester, 1985.
J^ti^i111 fr181 N?rt°n' Part~time instructor in Criminal
Justice, at a salary rate of $1,750 for 50% time for
the spring semester, 1985.
jSstic^^ J* Pr?Van' Part-time instructor in Criminal
Justice, at a salary rate of $1,700 for 25% time for
the spring semester, 1985.
juStf^ / °;Keefe' ^rt-time Instructor in Criminal
Justice, at a salary rate of $1,500 for 25% time for
the spring semester, 1985.
Crlm-inJiT ? Scalen > Jr • ' Part-time Instructor in
tlml ?oi JU8tl«e, at a salary rate of $1,500 for 25%
time for the spring semester, 1985.
Department of Economics and Finance
S* RoC*Y. Newton Dumas, 38, M.B.A. (Stephen F. Austin
Fintr31?'' Part-time Instructor i Ei^
** l
Fintr? in Economic^
*** Z a ® r a salary rate of $1,500 for 25% time
for the spring semester, 1985.
8. Department of Elementary Education
Ms. Amber L. Kelley, 23, B.S.Ed. (Stephen F. Austin State
University), Infant Teacher, Early Childhood Laboratory?
3^^ °f $12°°° f°r 10°% ^«^i^
, y Chil
February1^198^ °f $12'°°° f°r 10°%
Ms. Sandra K. Roe, B.S.Ed. (Stephen F. Austin State
University), Toddler Teacher, Earl/ Childhood LaSSratory?
Son^h salarv^ate of $12,000 for 100% time for Twelve
months, effective February 1, 1985.
Education116 /arblni' Part"time Instructor in Elementary
Education, at a salary rate of $1,500 for 25% time for
the spring semester, 198 5.
Ms. Judy Barnes, 35, M.Ed. (Stephen F. Austin State
University), Part-time Instructor in Elementary EdScatiSn?
^^L^6 °f $2'°°° f°r 25% timS f°r the ^
Edicat^1 ^T H°lland' Part-time Instructor in Elementary
Education, at a salary rate of $2,000 for 25% time for
the spring semester, 1985
, at a salary r
1985.
9. Department of English and Philosophy
Mr. Cydney W. Adams, Part-time Instructor in English,
at a salary rate of $3,256 for 50% time for the sprinq
semester, 1985.
Ms. Barbara B. Burkett, Part-time Instructor in English,
at a salary rate of $1,625 for 25% time for the spring
semester, 1985.
Dr. Royce E. Burton, Part-time Instructor in English,
at a salary rate of $2,000 for 25% time for the sprinq
semester, 1985.
Dr. Libbyrose Dalton Clark, Part-time Instructor in
English, at a salary rate of $1,736 for 25% time for
the spring semester, 1985.
Dr. Diane Corbin, Part-time Instructor in English, at
a salary rate of $3,472 for 50% time for the spring
semester, 1985.
Ms. Annette S. Dawson, Part-time Instructor in English,
at a salary rate of $5,580 for 75% time for the spring
semester, 1985.
Ms. Mary Rose Devine, Part-time Instructor in English,
at a salary rate of $3,250 for 50% time for the spring
semester, 1985.
Ms. Anne M. Duncan, 37, M.A. (Stephen F. Austin State
University), Part-time Instructor in English, at a salary
rate of $1,625 for 25% time for the spring semester,
1985.
Dr. Constance Hill Hall, Part-time Instructor in English,
at a salary rate of $3,472 for 50%. time for the spring
semester, 1985.
Ms. Susan M. Hardy, Part-time Instructor in English,
at a salary rate of $3,250 for 50% time for the spring
semester, 1985.
Ms. JoAnne C. Howard, Part-time Instructor in English,
at a salary rate of $3,256 for 50% time for the spring
semester, 1985.
Mr. Michael P. Prim, Part-time Instructor in English,
at a salary rate of $3,250 for 50% time for the spring
semester, 1985.
Ms. Carole Norton Rogers, Part-time Instructor in English,
at a salary rate of $4,875 for 75% time for the sprinq
semester, 1985.
10
Mr. Robert Ashley Richey, Part-time Instructor in English,
La^rate °f ?325° f 5°% ti f ^
Ms. Linda Kaye Russell, Part-time Instructor in English,
:La:'aLrate of $1'625 for 25% time f
Ms. Nancy Lee Shaffer, Part-time Instructor in English,
^^L^^ °f $325° ** 25% ti f h
Ms. Sarah Karen Taylor, Part-time Instructor in English,
aLa:a'a^rate °f $4875 f°r 45% timS f°r thS *****
Ms. Nancy Lee Williams, Part-time Instructor in English,
at a salary rate of $4,875 for the spring semester, 1985.
Ms. Deborah T. Yarrow, Part-time Instructor in English,
^3^^6 °' $1'"5 '^ 25% ti f
School of Forestry
Mr. Robert Webb, Part-time Instructor in Forestry, at
:£££ 1985*. °f $2'°00 *" 25% " f
11. Department of Geology
Dr. Hassan A. Babaie, 33, Ph.D. (Northwestern University),
^S1?na£\Pr°ffSSOr °f Geol°gy' at a salary rate of $12,150
for 100% time for the spring semester, 1985.
12. Department of Health and Physical Education
Mr. Randy Dawson, Part-time Instructor of Health and
Physical Education at a salary rate of $1,575 for 30%
time for the spring semester, 1985.
5-. ^ *; s°we11' Part-time Instructor in Health and
fmySlal Education, at a salary rate of $2,362 for 50%
time for the spring semester, 1985.
Mr. Steve White, Part-time Instructor in Health and Physical
Education, at a salary rate of $900 for 16% time for the
spring semester, 1985.
13. Department of Management and Marketing
Mr. Robert S. Anderson, Part-time Instructor in Management
and Marketing, at a salary rate of $3,151 for 50% time
for the spring semester, 1985.
Mr. Troy A. Hargis, Part-time Instructor in Management,
at a salary rate of $5,877.50 for 50% time for the spring
semester, 1985.
Mr. Johnny T. Long, Part-time Instructor in Management,
at a salary rate of $2,000 for 25% time for the spring
semester, 1985.
14. Department of Mathematics and Statistics
Dr. Robert R. Fleet, Lecturer in Mathematics, at a salary
rate of $7,500 for 100% time for the spring semester,
1985.
Ms. Julie Gaylord, Part-time Instructor in Mathematics,
at a salary rate of $5,550 for 75% time for the spring
semester, 1985.
Mr. Gary Lynn Hefley, Part-time Instructor in Mathematics,
at a salary rate of $2,362.50 for 50% time for the sprinq
semester, 1985.
Mr. Mohammed H. Hosseinpour, Lecturer in Mathematics,
at a salary rate of $6,000 for 100% time for the spring
semester, 1985.
Ms. Peggy Lee Kaisershot, Lecturer in Mathematics, at
a salary rate of $7,400 for 100% time for the spring
semester, 1985.
Ms. Vicky G. Lymbery, Part-time Instructor in Mathematics,
at a salary rate of $3,700 for 50% time for the spring
semester, 1985.
Dr. Rodney Lee Roberson, Part-time Instructor in
Mathematics, at a salary rate of $3,700 for 50% time
for the spring semester, 1985.
Ms. Elaine Russell, Lecturer in Mathematics, at a salary
rate of $9,000 for 100% time for the spring semester,
1985.
Ms. Teresa Ann Tennison, Part-time Instructor in
Mathematics, at a salary rate of $3,543.75 for 75% time
for the spring semester, 1985.
15. Department of Modern Languages
Dr. Diane Corbin, Part-time Instructor in Modern Languages,
at a salary rate of $1,736 for 25% time for the spring
semester, 19 85.
16. Department of Music
Mr. Paul Winston Pierce, Part-time Instructor in Music,
at a salary rate of $1,500 for 25% time for the spring
semester, 1985.
Ms. Paulette Kay Watkins, Part-time Instructor in Music,
at a salary rate of $4,500 for 75% time for the spring
semester, 1985.
17. Department of Political Science
Dr. Harry V. Hoechten, Lecturer in Political Science,
at a salary rate of $7,350 for 100% time for the spring
semester, 1985.
18. Department of Psychology
Dr. William R. McCuller, Part-time Instructor in
Psychology, at a salary rate of $2,100 for 25% time for
the spring semester, 1985.
19. Department of Secondary Education
Dr. Billy Randal Bowman, Part-time Instructor in Secondary
Education, at a salary rate of $2,000 for 20% time for
the spring semester, 1985.
Dr. Bobby Donald Browning, Part-tirjie Instructor in
Secondary Education, at a salary rate of $2,000 for 20%
time for the spring semester, 1985.
Dr. Allan Gordon Cannon, Part-time Instructor in Secondary
Education, at a salary rate of $4,000 for 50% time for
the spring semester, 1985.
Dr. Marvin A. Crawford, Part-time Instructor in Secondary
Education, at a salary rate of $2,000 for 20% time for
the spring semester, 1985.
Dr. Clyde Iglinsky, Part-time Instructor in Secondary
Education, at a salary rate of $2,000 for 20% time for
the spring semester, 1985.
Dr. Sandra Tillman Lowery, Part-time Instructor in
Secondary Education, at a salary rate of $2,000 for 20%
tine for the spring semester, 1985.
Dr. Morgan Moses, Part-time Professor in Secondary
Education, at a salary rate of $9,500 for 50% time for
the spring semester, 1985.
Ms. Christine Seago, Part-time Instructor in Secondary
Education, at a salary rate of $2,000 for 50% time for
the spring semester, 1985.
20. Applied Arts and Sciences
The following faculty are appointed to teach off-campus
courses for the spring semester, 1985, at the location
and for the salary indicated:
Mary Appleberry
James Armsworth
John C. Austin
B. Duke Brannen
Bob Browning
Leonard A. Cheever
Norman Cox
Marvin Crawford
Charlene Crocker
Ralph Eddins
Charles Gardner
Donald D. Gregory
Vivian Gruber
]Patsy Hallman
Harold Hill
Jerry L. Irons
Johnny T. Long
Mary Ella Lowe
Morgan C. Moses
Samir Maamary
Bruce Payette
Milton R. Payne
Hugh Douglas Prewitt
Kay G. Rayborn
Douglas L. Raymond
Jesse Richardson
Jose A. Rodriguez
Stephen P. Smith
Donnya E. Stephens
John T. Thornton
Laurence C. Walker
William F. Weber
Grady W. Willingham
William R. Wright
Humble
Coffield
Humble
Humble
Longview
Beto II
Coffield
Longview
Fairfield
Jasper
Coffield
Beto II
Longview
Longview
Fairfield
Fairfield
Coffield
Teneha
Longview
Humble
Beto II
Jasper
Humble
Humble
Coffield
Coffield
Humble
Coffield
Longview
Longview
Beto II
Coffield
Longview
Longview
$ 1,540
2,341
1,540
1,540
630
1,115
841
626
1,488
1,447
1,091
1,115
686
936
1,488
1,988
2,851
1,388
936
1,040
1,736
1,447
1,540
1,540
2,341
1,615
1,540
1,091
1,436
1,436
1,490
1,091
1,436
686
10
21. University Affairs
Mr. Randy Frank, Police Officer Trainee, at a salary
rate of $12,293 for twelve months, effective March 1,
Mr. John Ragland, Police Officer Trainee, at a salary
rate of $12,730 for twelve months, effective March 1,
n?'<iAonn™?n?Wf *°lice Officer Trainee, at a salary rate
of $12,293 for twelve months, effective March 20, 1985.
Mr. Richard Wright, Jr., Police Officer Trainee, at a
?a ?oLrate °f $12'293 for twelve months, effective March
w; xyo5
«r'u ?u\y, Blair' M-S" (Texas Tech University), Head
Basketball Coach for Women's Intercollegiate Athletics
SjLf S^la^Jate °f $43'000 for twelve months, effective
85-62
^?nmmOtKiOn °f 5egent BryCe' seconded by Regent Jackson, with
all members voting aye, it was ordered that the followina
changes m status be approved: roxxowmg
1. Department of Communication
*nA pTi?VN* TBenson' Director of Student Publications
and Part-time Instructor in Communication, for an overload
payment of $1,000 for teaching an additional class during
spring semester, 1985. g
Ms. Leslie J. Simpson, Part-time Instructor in
Communication, for an overload payment of $1,050 for
?qS? Van additional cl*ss during spring semester,
Deborah ?.1SYarWrow.neCeSSltated by the resignation of Ms.
2. Department of Elementary Education
Dr. Jerry Lee Irons, Professor of Elementary Education,
A*..°Ver,load Pavment °f $1,000 for supervision of
an additional section of student teachers.
Dr. Helen P. Mrosia, Assistant Professor of Elementary
Education, for an overload payment of $1,000 for
supervision of an additional section of student teachers.
Dr. Robert Frank Smith, Professor of Elementary Education
for an overload payment of $1,000 for supervision of
an additional section of student teachers.
11
3. Department of Modern Languages
Dr. James Oscar Moses, Assistant Professor of Modern
nf9MU?eS'rtO Assistant Professor and Chairman, Department
of Modern Languages, at a salary rate of $35,750 for eleven
months, beginning September 1, 1985.
4. Department of Political Science and Geography
Dr. Wesley Chumlea, Associate Professor of Political
Science, from 100% time at a salary rate of $30,738 for
nine months to 50% time at a salary rate of $7,684^
effective spring semester, 1985, only.
5. Department of Secondary Education
Ms. Sherry Lynn Rulfs, Instructor in Secondary Education,
^•/•n overload Payment of $1,000 for supervision of an
additional section of student teachers.
Ms. Paulette D. Wright, Part-time Instructor in Secondary
Education, for an overload payment of $1,000 for supervision
of an additional section of student teachers.
6. University Affairs
Ms. Kim Crawford, from Housing Accounts Manager at a salary
rate of $±5,835 to Associate Director of Housing at a
salary rate of $20,000, effective January 21, 1985.
Ms. Suzette Crelia, from Housing Office Coordinator at
a salary rate of $13,000 to Housing Accounts Manager at
a salary rate of $15,038, effective March 1, 1985.
Ms. Beverly Farmer, from Head Resident' III at a salary
tV316 tO Pr°9ram Advisor t l
ident III at a salary
S?a%« at a salary rate of
$14,252, effective December 19, 1984.
85-63
Upon motion of Regent Jackson, seconded by Regent Honea, with
all members voting aye, it was ordered that the followina
resignations be accepted: ing
1. Department of Communication
Mr. Roger B. Herring, Part-time Instructor in Communication,
effective December 18, 1985.
Ms. Deborah T. Yarrow, Part-time Instructor
Communication, effective February 28, 1985.
m
12
2. Division of Nursing
effect Mfy 3r?98l?' ASsistant *«>f...or of Nursing,
3. Computer Center
Sf.cSE'SprU it^Ts. Tele—-"ions Technician I,
4. University Affairs
22; 19?4? Bart°n' P°liCe °fficer I]C' ^fective December
Mr. Travis Bearden, Assistant Manager of the Univer^itv
Bookstore, effective February 28, 1985. University
Ms. Pamela Gotti, Financial Aid Counselor II, effective
December 10, 1984. enective
P°liCe °ffiCer "' effective January
Martha McConnell, Photographer, effective March 8,
P°liCe Officer I» effective March 15,
85-64
1. Department of Counseling and Special Educational Programs
S LSWiS' Professor in Counseling and Special
Programs, effective May 31, 1985.
2. Department of Sociology
August 1?" lP9r8a5nk Clagett' Professor of Sociology, effective
13
85-65
Upon motion of Regent Jackson, seconded by Regent Wooten,
with all members voting aye, it was ordered that the following
requests for leave of absence be granted:
1. Department of Psychology
Dr. Walter Thomas Bourbon, Jr., Professor of Psychology,
effective September 1, 1985 through May 31, 1986, for
75% time leave of absence in order to pursue research
in his field and to write a textbook.
2. Department of Sociology
Dr. J. Gregg Robinson, Assistant Professor of Sociology,
effective September 1, 1985 through May 31, 1986. Dr.
Robinson will be conducting research in California.
85-66
Upon motion of Regent Bryce, seconded by Regent Honea, with
all members voting aye, it was ordered that the following
return from leave be accepted:
1. Department of Counseling and Special Educational Programs
Dr. Bernard-thomas Hartman, Professor of Counseling and
Special Education, effective January 16, 1985.
85-67
Upon motion of Regent Jackson, seconded by Regent Bryce, with
all members voting aye, it was ordered that the professors
listed below be designated Regents1 Professors as indicated:
1. Regents1 Professor for Research
Dr. M. Victor Bilan, Professor of Forestry
2. Regents1 Professor for Teaching
Dr. Archie P. McDonald, Professor of History
85-68
Upon motion of Regent Honea, seconded by Regent Wooten, with
all members voting aye, it was ordered that the following
awards of tenure be made:
Dr. Robert Miller, Department of Music
Dr. Nancy A. Doyle, Department of Modern Languages
Dr. Anita R. Webb, Department of Psychology
Dr. Linda F. White, Department of English
Dr. Richard Langley, Department of Chemistry
14
85-69
°f .RSgent Jackson' seconded by Regent Bryce, with
V°ting aYe' Lt was ordered that the following
budget adjustmeennttss ffoorr FFYY11998855 bbee aapppprroovveedd:: ng
Account No. Account Name Explanation
1. 5050 Track For pole vault pits
and high jump
Amount
$ 9,000
2. 5175
3. 6341
4. 5075-1010
5. 5290-8100
Spring Arts
Festival
Board Room
Redecoration
Women's IA
For funding the Spring
Arts Festival 10,000
Funds to complete
Project 9/870
Gary Blair's Salary
4-17-85 to 8-31-85 15,962
Fringe Benefits To cover cost of Gary
Blair's fringe benefits
for balance of FY85 1,305
Source of Funds: Auxiliary Enterprise Surplus
85-70
Upon motion of Regent Jackson, seconded by Regent Bryce, with
lLa^submit^ *YV * "" Ordered that the 1985 ^ , as submitted under separate cover, be approved
CERTIFICATION
of ^ n **?*** °f the B°ard of Agents, the
ent of the University and the Vice President for
Administrative and Fiscal Affairs certify, to the best of
their knowledge and belief, that:
1. All accounting reports submitted to the Board of Regents
contain information resulting from procedures that are
in compliance with state law and regulations are correct;
2. All funds are on deposit with approved depositories as
authorized by the Board on July 23, 1984. P aS
15
85-71
Source of Funds: Ad Valorem Tax Funds
85-72
=» i-ar-sss as
Inc., Lufkin, Texas, in the amount
i < 9S1l>bVH11 ««°1 iSSS and re-rocfinrof^ecoiise™ («1V
85-73
the Re-roofing
Contract with Bonner Roofing $680,506
Architect's Fee (Estimate)* 26 000
Administrative Costs 5)000
T0TAL 57U,506
Source of Funds: Auxiliary Enterprise Surplus $430,550
♦Actual fee based on\ourlyPra1e. 5280,956
16
85-75
Upon motion of Regent Honea, seconded by Regent Jackson, with
all members voting aye, it was ordered that the budget for
the Stadium/Coliseum Parking Project (1985) be approved as
follows:
Contract with Claytor Blake III $306,863
Architect's Fee (Estimate)* 16,000
Administrative Costs 3,000
TOTAL $325,863
Source of Funds: Auxiliary Enterprise Surplus
♦Actual fee based on hourly rate.
85-76
Upon motion of Regent Honea, seconded by Regent Wooten, with
all members voting aye, it was ordered that the administration
be authorized to develop specifications and request bids on
a telephone system for the University.
Source of Funds: Auxiliary Enterprise Surplus and E&G Surplus/
Proposition II Funds
85-77
Upon motion of 'Regent Bryce, seconded by Regent Simpson, with
all members voting aye, it was ordered that Change Order No.
2 in the amount of $28,311.00 with Utley-James of Texas on
the Dormitory 20 Project be approved and the Chairman of the
Board be authorized to sign the Change Order. (See paqe 18
for Change Order. —
Source of Funds: Auxiliary Enterprise Surplus
Meeting adjourned at 11:00 a.m.
CHANGE
ORDER
AIA DOCUMENT G701
Distribution to:
OWNER
ARCHITECT
CONTRACTOR
FIELD
OTHER
17
□
D
PROJECT: Renovation of the Griffith Building^^.^ ^nnrn ~~
(name,address) Stephen F. Austin State Universityy<:HANGE ORDER NUMBER: Two (2)
!\f *5 Z1^ <N ^1 ^J **\ /> U A/» *T" M . . a A
TO (Contractor):
r
Nacogdoches, Texas
L
Cecil Pond Construction Co.
1600 North Jackson
Jacksonville, Texas 75766
INITIATION DATE: Jan. 29,1985
—I ARCHITECT'S PROJECT NO: p$
CONTRACT FOR:
General Construction
( CONTRACT DATE: April 25,1984
You are directed to make the following changes in this Contract:
1. Add fifty-four thousand, one hundred forty-three dollars and
twenty cents ($54,143.20) contingency fund against which approved
modifications will be drawn.
or Contract Time.
Not valid until signed by both the Owner and Architect
Signature of the Contractor indicates his agreement herewith, including any adjustment in the Contract Sum
The original (Contract Sum) «S^^^M^kWflR)0O?t) was * 3 300 ?nn nn
Net change by previously authorized Change Orders .'.'.'.'.'.'.'.'.['I 5000000
The (Contract Sum) (^X^R^jiM^iffi^xfx^ prior to this Change Order was $ 3 438' 200' 00
The new (Contract Sum) (S«Mn^cTO^^ $$ J^^*20
• ( -0- ) Days.
The Contract Time will be (MK&$MW&&£$$ (unchanged) by
The Date of Substantial Completion as of the date of this Change Order therefore is July 31, l985
F&S Partners Inc.
Street Suite 201
Cecil Pond Construction Co. Author^d: Board of Regents
Stephen F. Austin State Umv.
Address
Dan£V
Jackson
by,
Texas 75204-1497
Address ^s?
Jacksonville, Texas 75766
Hat Y. Spiiiman, Chairman of
DATE1/?9/R5 the Board
OWNER
P.O. Roy R1Q8. SFA Station
Address
Nacogdoches,
date April 23, 1985
AIA DOCUMENT G701 • CHANGE ORDER • APRIL 1978 EDITION • AIA® • ^ iq-«
THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE NW. .WASHINGTON. D.C 2^06
G701—1978
CHANGE
ORDER
AIA DOCUMENT G701
Distribution to:
OWNER
ARCHITECT
CONTRACTOR
FIELD
OTHER
18
□
□
D
□
PROJECT: DORMITORY 20
(name, address,Stephen F. Austin State University
TO (Contractor):
r*
: TWO (2)
Utley-James of Texas, Inc.
P.O. Box 26068
Austin, Texas 78755
I
INITIATION DATE: April 23, 1985
ARCHITECT'S PROJECT NO: 4418
CONTRACT FOR: General Contract
| CONTRACT DATE: March 19, 1984
You are directed to make the following changes in this Contract:
1 • Revisions to Electrical Duct Banks to suit job conditions. $ 13,363.00
2. Change plumbing faucets type for better maintenance. 14,948.00
Total $ 28,311.00
Not valid until signed by both the Owner and Architect
S.gnature of ,he Contractor indicates his agreement herewith, including any adjustment in the Contract Sum or Contract Time.
The original (Contract Sum) -fOnnntrrd Ma,iilw^es4j was ....~ " $ 4 544 600 00
Net change by previously authorized Change Orders a'Jo? nn
The D,,e of Substantial Completion « of the date of this Change Order therefore is June U,l985 ' 6 '
Kent-Marsellos-Scott, Architects- UUey-Ws of Texas. Inc. £». Austin State Univ
. ffl fery BuildinK ^—_" ^'.^.'%x 26068 i
Lfk|T 75901 «fean. Texas 78755
19
AGREEMENT BETHEEH OWHER 1HD COHTRACTOB
THE STATE OF TEXAS
KNOW ALL MEN BT THESE PRESENTS
COUNT! OF NACOGDOCHES
AGREEMENT
made as of the Twenty Third day of April in the year of Nineteen Hundred and
Eighty Five
BETWEEN THE OWNER: STEPHEN F. AUSTIN STATE UNIVERSITY.
NACOGDOCHES, TEXAS 75962, acting herein
through its Chairman
AND THE CONTRACTOR: CLAYTOR BLAKE III, INC.
dba BLAKE FIELD SERVICE
P. 0. BOX 1632
NACOGDOCHES, TEXAS 75961
THE PROJECT: STADIUM/COLISEUM PARKING 1985
STEPHEN F. AUSTIN STATE UNIVERSITY
NACOGDOCHES, TEXAS ,:
THE ARCHITECT: MARSELLOS AND SCOTT
ARCHITECTS-ENGINEERS
404 PERRY BUILDING
LUFKIN, TEXAS 75901
The Owner and the Contractor agree as set forth below:
20
- ARTICLE 1
THE CONTRACT DOCUMENTS
The Contract Documents consist of this Agreement♦ the Conditions of the
Contract (General, Supplementary and other Conditions), the Drawings, the
Specifications, all Addenda issued prior to and all Modifications issued
after execution of this Agreement. These form the Contract, and all are as
fully a part of the Contract as if attached to this Agreement or repeated
herein* An enumeration of the Contract Documents appears in Article 7.
ABTICLK 2
THE WORK
The Contractor shall perform all the Work required by the Contract Documents
for STADIUM/COLISEUM PARKING 1985
STEPHEN F. AUSTIN STATE UNIVERSITY
NACOGDOCHES, TEXAS
ARTICLE 3
TIME OF COMMENCEMENT AND SUBSTANTIAL COMPLETION
The Work to be performed under this Contract shall be commenced on or before a
date to be specified in a written "Notice to Proceed" by the Owner and, subject
to authorized adjustments, Substantial Completion shall be achieved not
later than 120 consecutive calendar days thereafter♦
-2-
21
The Contractor further agrees to pay as liquidated damages the sum of $200.00
per day for each consecutive calendar day thereafter the work remains
unfinished as specified in Paragraph 1.36 of "Supplementary Conditions" and
in "Proposal11 •
ABTICLE 4
CONTRACT SUM
The Owner shall pay the Contractor in current funds for the performance of the
Work, subject to additions and deductions by Change Order as provided in the
Contract Documents, the Contract sum of THREE HUNDRED SIX THOUSAND EIGHT
HUNDRED SIXTY THREE AND NO/100 DOLLARS ($306,863.00)
out of current funds available to the Owner and as applicable to the project
involved for expenditure for the use and benefit of Stephen F. Austin State
University.
The Contract Sum is determined as follows:
BASE BID $306,863*00
-3-
22
ARTICLE 5
PROGRESS PAYMENTS
Based upon Applications for Payment submitted to the Architect by the
Contractor and Certificates for Payment issued by the Architect, the Owner
shall make progress payments on account of the Contract Sum to the Contractor
as provided in the Contract Documents for the period ending the last day of the
month as follows:
Not later than Thirty days following the end of the period covered by the
Application for Payment Ninety percent (90*) of the portion of the Contract
Sum properly allocable to labor, materials and equipment incorporated in the
Work and Ninety percent (90*) of the portion of the Contract Sum properly
allocable to materials and equipment suitably stored at the site or at some
other location agreed upon in writing, for the period" covered by the
Application for Payment, less the aggregate of previous payments made by the
Owner; and upon Substantial Completion of the entire Work, a sum sufficient to "■-
increase the total payments to Ninety (90$) of the Contract Sum- less such
amounts as the Architect shall determine for all incomplete work and
unsettled claims as provided in the Contract Documents.
ABTICLE 6
FINAL PAYMENT
Final payment, constituting the entire unpaid balance of the Contract Sum,
shall be paid by the Owner to the Contractor thirty days after the Work has
-4-
23
been completed, the contract fully performed, and a final Certificate for
Payment has been issued by the Architect.
ARTICLE 7
MISCELLANEOUS PROVISIONS
7.1 Terms used in this Agreement which are defined in the Conditions
of the Contract shall have the meanings designated in those conditions.
7.2 The Contract Documents, which constitute the entire agreement between
the Owner and the Contractor, are listed in Article 1 and, except for
Modifications issued after execution of this Agreement, are enumerated
as follows:
Drawings and Specifications entitled:
"STADIUM/COLISEUM PARKING - 1985
STEPHEN F. AUSTIN STATE UNIVERSITT
NACOGDOCHES, TEXAS"
Sheet and Section numbers <as listed in Paragraph 1.1 of
nSupplementary Conditions11 and the following:
1. Addendum NO. 1, dated February 28, 1985, Page 1
Addendum NO. 2, dated April 8, 1985, Page 1 with Drawing ME-1
Revised.
Copies of which are attached hereto are a part of this contract.
2. This contract is to cover the General Contract work,
and Electric work, complete.
-5-
24
3. The said Drawings and each of all said Specifications and "General
Conditions" are made part of this Agreement for all intents and
purposes, provided that if anything in the said "General
Conditions" of the Contract is in conflict with this Agreement,
this Agreement shall control and govern.
4. The work called for and included in this Agreement is to be
subject to the observation of the Architect above named and his
determination of the true meaning and proper construction of the
Drawings and Specifications shall be considered as final.
5» The Contractor shall pay premium for and furnish Performance
Bond and Payment Bond in amount of 100? of Contract Price;
on form to be furnished by Architect, with sureties acceptable
to the Owner, conditioned:
1.) That Contractor shall faithfully perform his Contract
and fully indemnify and save Owner harmless from all
costs and damages which may be suffered by reason of
failure to do sof and fully reimburse and repay Owner
all outlay and expense which Owner may incur in making
good any default.
2.) That Contractor shall pay all persons who have con
tracts directly with Contractor for labor and
materials
save which persons shall have a direct action against
Contractor and the surety on his bond, subject to
Ownerfs priority.
Surety Companies shall be on approved list of U. S. Treasury
Department of "Companies holding Certificates of Authority
25
from the Secretary of the Treasury under the Act of Congress
Approved July 30, 1957* as Acceptable Sureties on Federal
Bonds" and within the Underwriting limitations listed therein
for any single risk.
Bond shall comply with requirements of all state laws; in
cluding those of Article 5160 Revised Civil Statues of Texas,
1925, as amended by House Bill 3^^• Acts 56th Legislature,
Regular Session, 1959. effective April 27• 1959.
6. The Contractor shall effect, pay for and maintain during the
life of this Contract insurance acceptable to the Owner, con
forming to the following schedule:
a) Coapensation and Employerfs Liability Insurance:
As required by the laws of the State of Texas; Employerfs
Liability Insurance, ♦500,000.00.
b) Coaprehensive General Liability Insurance:
In an amount not less than $500,000*00 for injuries, including
personal injury or accidental death to any one person, and in
an amount not less than $500,000.00 on account of one occur-rence;
Property Damage Insurance in an amount not less than
$300,000,00.
Comprehensive Auto Liability:
Bodily Injury Liability:
$500,000.00 - each person
$500,000.00 - each occurrence
Property Damage Liability
$300,000.00 - each occurrence
-7-
26
c) Include Broad Form Property Damage Insurance, Remove
"XCU" Exclusions (Explosion, collapse, underground property
damage). Include damage to underground wiring, conduits,
piping.
d) Contractual Liability Insurance: As applicable to the
Contractor's obligations under Paragraph 4*18 of "General
Conditions". The Contractor shall obtain at his expense
Owner1s Protective Liability Insurance Policy naming the
Owner and the Architect/Engineer as insured with the follow
ing limits:
1. Bodily Injury
$500,000.00 (each person)
$500,000.00 (each occurrence)
2i Property Damage
$300,000.00 (each occurrence)
e) Completed Operations: Continue coverage in force for
one year after completion of work. . >
f) Comprehensive Castastrophic Liability Insurance (Umbrella
Liability)
$5,000,000.00
g) Before commencement of operations hereunder, Con
tractor shall furnish to the Architect, photostatic
copies of the above mentioned insurance policies, toget
her with a certificate from the insurance carrier that
-8-
27
the insurance will not be cancelled or permitted to
lapse until fifteen (15) days written notice of said
impending cancellation has been given to the Owner.
7* Builderss Risk Insurance: y
The project is at the risk of the Contractor, until completed.
If the Contractor desires to purchase any Builder1s Risk
Insurance, he may do so at his own expense.
8. The Contractor shall complete the several portions and the whole
of the work called for under this Agreement and shall deliver
said improvements and premises, upon completion, to the Owner,
free and clear of all liens and claims for labor furnished or
materials used and other indebtedness whatsoever.
9. For purposes of complying with the State of Texas Sales Tax,
the following is a division between labor and materials.
Labor 143,386.24
Materials 163,476.76 ;:
Total $3061863.00
Contractor hereby assigns to Owner any and all claims for over
charges associated with this contract which arise under the anitrust
laws of the United States, 15 U.S.C.A. Sec. 1 et seq. (1973).
-9-
28
IN WITNESS WHEREOF, the parties of these presents have executed
this Contract in four (4) counterparts, each of which shall be deemed
an original in the year and day first above mentioned.
SEAL BOARD OF REGENTS
STEPHEN F. AUSTIN STATE UNIVERSITY
BY.
Chairman
CLAYTOR BLAKE III, INC.
dba BLAKE FIELD SERVICE
P. 0. BOX 1632
NACOGDOCHES, TEXAS 75961
ADDRESS
SEAL
READ AND EXAMINED:
BY_
CLAYTO^BLAKE, III, President
(1)
(2)
(3)
Board of Regents, Stephen F. Aus^fn State University
Corporation name of Owner
Title of authorized official
Strike out inapplicable terms. Secretary of the Owner should
attest. If Contractor is corporation, Secretary should attest.
Give proper title of each person executing Contract.
29
PERFORMANCE BONT)
(To be used in Texas as required by Chapter 93 of
the Regular Session of the 56th Legislature of Texas)
THE STATE' OF TEXAS.
COUNTY OF NACOODOCHES
KNOW ALL MEN BY THESE PRESENTS: That we (1)
of (2)., Nacoqdoches. Texas hereinafter called
Principal and (1) Fairmont Tn<tiirqty«A Company of
•■ Bwbank .State of California ,
hereinafter called the Surety, are held and firmly bound into (4)
BOARD OF REGENTS. STEPHEN F. AUSTTN .STATE UNTVEESTTy
hereinafter called Owner, in the penal sum of Thr^o Hundred S-fx
Thousand Eight Hundred Sixtv-three and n^/inn
DOLLARS ($306.863.00 ), in lawful money of the United
States, to be paid in (5) NACOGDOCHES COUNTY, try as }
for the payment of which sum well and truly to be made, we bind
ourselves, our heirs, executors, administrators and successors,
jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION is such that Whereas,
the Principal entered into a certain Contract with (6)
BOARD OF REGENTS. STEPHEN F. AOSTIN STATE UNIVERSITY,
the Owner, dated the 23rd _/iay of ApHI . A. D.,
19 ,°5, a copy of which is attached hereto and made a part hereof
for the construction of:
Stadium/Coliseum Parking 1985, Stephen F. Austin State University
(Herein called the "Work").
30
-2-
NOW, THEREFORE, if the Principal shall well, truly and
faithfully perform the work in accordance with the Plans, Specifications
and Contract Documents during the original term thereof, and any ex
tensions thereof which may be granted by the Owner, with or without
notice to the Surety, and, if he shall satisfy all claims and demands
incurred under such Contract, and shall fully indemnify and save
harmless of the Owner from all costs and damages which it may suffer by
reason of failure to do so, and shall reimburse and repay the Owner
all outlay and expense which the Owner may incur in making good any
default, then this obligation shall be void; otherwise to remain in
full force and effect.
NOW, THEREFORE.^ if the Principal shall repair any and all
defects in said work occasioned by and resulting from defects in
materials furnished by, or workmanship of the Principal in performing
the work covered by said Contract, occurring within a period of two
(2) years from the date of the Contract Completion Certificate, then
this obligation shall be null and void, otherwise to remain in full
force and effect. r *• i*--- '■'
PROVIDED FURTHER, that if any legal action be filed upon
this bond venue shall lie in Nacogdoches
County. State of Texas and that the said Surety, for value received
hereby stipulates agrees that no change, extension of time, alteration
or addition to the terms of the Contract or to the work to be performed
thereunder or the Specifications accompanying the same shall in any wise
affect its obligation of this bond, and it does hereby waive notice of
any such change, extension of time, alteration or addition to the terms,
of the Contract or to the work to the Specifications. .
PROVIDED, HOWEVER, that this bond be executed pursuant to
the provisions of Article 5160 of the Revised Civil Statutes of Texas
as amended by Acts of the 56th Legislature, 1959, and all liabilities
on this bond shall be determined in accordance with the provisions of
said Article to the same extent as if it were copied'at length.
31
-3-
IN WITNESS WHEREOF, this instrument is executed in six
counterparts, each one of which shall be deemed an original, this the
23rd _day of April
ATTEST:
Secretar
ss as to Principal
., A.D., 1Q85 .
Claytor Blake, III, Inc. dba
Blake Field Service
BY
Address
ATTEST:
(Surety>_jSecretary
&4 ^
Witness as to Surety
Fairmont Insurance Company
A/Suret}
BY LCU/?.V . _
/Attorney-in-Fact^ay £• Cbtnoir
302 N. University, Nacogdoches
Address
NOTE: Date of Bond must not be prior to date of Contract.
(1) Correct name of Contractor
(2) A Corporation, A Partnership or an Individual,
as case may be.
(3) Correct name of Surety
(lj) Correct name of Owner
(5) County or Parish and State
(6) Owner
(7) If Contractor is Partnership, all partners should
execute bond.
32
PAYMENT BOND
(To be used in Texas as required by Chapter 93 of
the Regular Session of the 56th Legislature of Texas)
THE STATE 0£ TEXAS
COUNTY OF NACOGDOCHES
KNOW ALL MEN BY THESE PRESENTS: That we
(1) CUytor Blake. III. Tnc. dba
a (2) Corporation
of Nacogdoches. Texas hereinafter called Principal and
Fairmont Insurance Company of Burbank
State of California hereinafter called the Surety.
are held and firmly bound unto (4) BOARD OF behemts,
STEPHEN P. ATISTTN .STATE UNIVERSITY
hereinafter called Owner, unto all persons, firms, and corpora
tions who may furnish materials for, or perform labor upon the
building or improvements hereinafter referred to in the penal sum
ofJ[hree_Hundred _S1xJhousand _ Eight. Hundred, Si xty^three.and_no/3 00
— DOLLARS( 4.306.863.00 )
in lawful money of the United States, to be paid in (5)
NACOGDOCHES COUNTY, TEXAS, for the payment of which sum well and •
truly to be made, we bind ourselves, our heirs, executors, adminis
trators and successors, jointly and severally, firmly by these
presents.
THE CONDITION OF THIS OBLIGATION is such that
Whereas, the Principal entered into a certain contract with
(6) BOARD OF REGENTS. STEPHEN F. AUSTIN STATE DNTVERSTTV,
the Owner, dated the 23rd day of April , a.D.,
33
-2-
a copy of which is hereto attached and made a part hereof for the
construction of: Staditga/Calisea Parking KISS, Sfc*ph»ii P- Attain
State University, ftacogdoehag, T*rz*
NOW THEREFORE, the condition of this obligation is
such that, if the Principal shall promptly make payment to all
claimants as defined in Article 5160 Revised Civil Statutes of
Texas, 1925. as amended by House Bill 344• Acts 56th Legislature,
Regular Session, 1959, effective April 27♦ 1959, supplying labor
and materials in the prosecution of the work provided for in said
Contract, then this obligation shall be null and void; otherwise,
it shall remain in full force and effect*
This bond is made and entered into solely for the pro
tection of all.claimants supplying labor and materials in the pro
secution of the work provided for in said Contract, and all such
claimants shall have a direct of action under the bond as
provided in Article 5160, Revised Civil Statutes, 1925, as
amended by House Bill 32*1*• Acts 56th Legislature. Regular Session,
1959.
PROVIDED FURTHER, that if any legal action be filed upon
this bond, venue shall lie in Nacogdoches Countyt
State of Texas, and that the said Surety, for value received
hereby stipulates and agrees that no change, extension of time,
alteration or addition to the terms of the Contract or to the work
to be performed thereunder or the Specifications accompanying the
same shall in any wise affect its obligation on this bond, and it
does hereby waive notice of any change, extension of time, alteration
or addition to the terms of the Contract or to the work or to the
Specifications,
PROVIDED FURTHERf that no final settlement between
the Owner and the Contractor shall abridge the right of any
beneficiary hereunder, whose claim may be unsatisfied.
34
-3-
IH WITNESS WHEREOF, this instrument is executed in six
counterparts, each one of which shall be deemed an original, this the
_day of ApHi a.d.,
ATTEST:
Witness as t&^Principal
Ciaytor Blake, III, Inc. dta
BlaksFieldServic*
Princip
BY
Address
ATTEST:
Fairmont Insurance
Secretary Attorney-in-FactR«y E« CotlJOU
Witness as to Surety .
302 H> Un1vers1tyf Hacogdoches
Address
NOTE: Date of Bond must not be prior to date of Contract.
(1) Correct name of Contractor
(2) A Corporation. A Partnership or an Individual,
as case may be.
(3) Correct name of Surety
(l\) Correct name of Owner
(5) County or Parish and State
(6) Owner
(7) If Contractor is Partnership, all partners should
execute bond..
FAIRMONT INSURANCE COMPANY
Burbank, California
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS:
EMRMONT .NSURANCE COMPANY. . CaMomla Conation, does hereby
. RAY E. COTNOIR .__
OF DALLAS, TEXAS
as re£ TJ^^T^Z t^ZT T ^ -
and aH bond, undertakings, recognizances, consents of s^ty or o,her wriHen obligaHo. in the natoe
aws of «ne Company, which By,aWS
ARTICLE IV, Section 14. AUTHORITY m pimh a .
^J^i'Tir^^^S^^ "-* of .he lowing Reso,,
and held on the 4rd day of October, 1983- 1KMONT 1NSURANCE COMPANY at a meeting ddy called
^
'
FAIRMONT INSURANCE COMPANY
36
AGREEMENT BETWEKH OWHEB AHD CONTRACTOR
THE STATE OF TEXAS
KNOW ALL MEN BY THESE PRESENTS
COUNTY OF NACOGDOCHES
AGREEMENT
made as of the Twenty Third day of April in the year of Nineteen Hundred and
Eighty Five
BETWEEN THE OWNER: STEPHEN F. AUSTIN STATE UNIVERSITY.
NACOGDOCHES, TEXAS 75962, acting herein
through its Chairman
AND THE CONTRACTOR: BONNER ROOFING 4 METAL, INC.
509 LOCKE
LUFKIN, TEXAS 75901
THE PROJECT: RE-ROOFING 1985
STEPHEN F. AUSTIN STATE UNIVERSITY
NACOGDOCHES, TEXAS
THE ARCHITECT: MARSELLOS AND SCOTT
ARCHITECTS-ENGINEERS
404 PERRY BUILDING
LUFKIN. TEXAS 75901
The Owner and the Contractor agree as set forth below:
37
ARTICLE 1
THE CONTRACT DOCUMENTS
The Contract Documents consist of this Agreement, the Conditions of the Contract
(General, Supplementary and other Conditions), the Drawings, the Specifications,
all Addenda issued prior to and all Modifications issued after execution of this
Agreement. These form the Contract, and all are as fully a part of the Contract as
if attached to this Agreement or repeated herein. An enumeration of the Contract
Documents appears in Article 7.
ABTICLE 2
THE WORK
The Contractor shall perform all the Work required by the Contract Documents for
RE-ROOFING 1985
STEPHEN F. AUSTIN STATE UNIVERSITY
NACOGDOCHES,, TEXAS
ARTICLE 3
TIME OF COMMENCEMENT AND SUBSTANTIAL COMPLETION
The Work to be performed under this Contract shall be commenced on or before a date to
be specified in a written "Notice to Proceed" by the Owner smdt subject to authorized
adjustments. Substantial Completion shall be achieved not later than ninety
consecutive calendar days thereafter.
-2-
38
The Contractor further agrees to pay as liquidated damages the sum of $200.00 per day
for each consecutive calendar day thereafter the work remains unfinished as
specified in Paragraph 1.36 of "Supplementary Conditions" and in "Proposal11.
ABTICLE 4
CONTRACT SUM
The Owner shall pay the Contractor in current funds for the performance of the Work,
subject to additions and deductions by Change Order as provided in the Contract
Documents, the Contract sum of SIX HUNDRED EIGHTY THOUSAND FIVE-HUNDRED SIX
AND NO/100 DOLLARS ($680,506.00) out of current funds available to the Owner for the
projects involved for expenditure for the use and benefit of Stephen F. Austin
State University.
The Contract Sum is determined as follows:
BASE BID $510,686.00
ALTERNATE #1 169,820.00
CONTRACT AMOUNT $680,506.00
-3-
39
ABTICLE 5
PROGRESS PAYMENTS
Based upon Applications for Payment submitted to the Architect by the Contractor and
Certificates for Payment issued by the Architect, the Owner shall make progress
payments on account of the Contract Sum to the Contractor as provided in the Contract
Documents for the period ending the last day of the month as follows:
Not later than Thirty days following the end of the period covered by the Application
for Payment Ninety Five percent (95?) of the portion of the Contract Sum properly
allocable to labor, materials and equipment incorporated in the Work and Ninety Five
percent (95$) of the portion of the Contract Sum properly allocable to materials and
equipment suitably stored at the site or at some other location agreed upon in
writing, for the period covered by the Application for Payment, less the aggregate
of previous payments made by the Owner; and upon Substantial Completion of the
entire Work, a sum sufficient to increase the total payments to Ninety Five (95$)
of the Contract Sum, less such amounts as the Architect shall determine for all
incomplete work and unsettled claims as provided in the Contract Documents,
ARTICLE 6
FINAL PAYMENT
Final payment, constituting the entire unpaid balance of the Contract Sum,
shall be paid by the Owner to the Contractor thirty days after the Work has
-4-
40
been completed, the contract fully performed, and a final Certificate for
Payment has been issued by the Architect.
ARTICLE 7
MISCELLANEOUS PROVISIONS
7.1 Terms used in this Agreement which are defined in the Conditions
of the Contract shall have the meanings designated in those conditions.
7.2 The Contract Documents, which constitute the entire agreement between'
the Owner and the Contractor, are listed in Article 1 and. except for
Modifications issued after execution of this Agreement, are enumerated
as follows:
Drawings and Specifications entitled:
"RE-ROOFING 1985
STEPHEN F. AUSTIN STATE UNIVERSITY
NACOGDOCHES, TEXAS
Sheet and Section numbers as listed in Paragraph 1.1 of
"Supplementary Conditions" and the following:
1. Addendum NO. 1, dated April 3. 1985, Page 1
Addendum NO. 2, dated April 3t 1985, Page 1
Addendum NO. 3. dated April 5, 1985, Page 1, Details RR-1
RR-2
Addendum NO. 4, dated April 11, 1985, Telephoned
Copies of which are attached hereto are a part of this contract.
2. This contract is to cover the General Contract work, Plumbing,
Mechanical and Electric work, complete.
-5-
41
3. The said Drawings and each of all said Specifications and "General
Conditions" are made part of this Agreement for all intents and
purposes, provided that if anything in the said "General
Conditions" of the Contract is in conflict with this Agreement,
this Agreement shall control and govern.
4. The work called for and included in this Agreement is to be
subject to the observation of the Architect above named and his
determination of the true meaning and proper construction of the
Drawings and Specifications shall be considered as final.
5. The Contractor shall pay premium for and furnish Performance
Bond and Payment Bond in amount of 10OJC of Contract Price;
on form to be furnished by Architect, with sureties acceptable
to the Owner, conditioned:
1.) That Contractor shall faithfully perform his Contract
and fully indemnify and save Owner harmless from all
costs and damages which may be suffered by reason of
failure to do so, and fully reimburse and repay Owner
all outlay and expense which Owner may incur in making
good any default.
2.) That Contractor shall pay all persons who have con
tracts directly with Contractor for labor and materials
save which persons shall have a direct action against
Contractor and the surety on his bond, subject to
Owner's priority.
Surety Companies shall be on approved list of U. S. Treasury
Department of "Companies holding Certificates of Authority
from the Secretary of the Treasury under the Act of Congress
-6-
42
Approved July 30. 1957. as Acceptable Sureties on Federal
Bonds" and within the Underwriting limitations listed therein
for any single risk.
Bond shall comply with requirements of all state laws; in
cluding those of Article 5160 Revised Civil Statues of Texas,
1925, as amended by House Bill 344, Acts 56th Legislature.
Regular Session. 1959. effective April 27. 1959.
6. The Contractor shall effect, pay for and maintain during the
life of this Contract insurance acceptable to the Owner, con
forming to the following schedule:
a) Compensation and Enployer's Liability Insurance:
As required by the laws of the State of Texas; Employerfs
Liability Insurance, $500,000.00.
b) Comprehensive General Liability Insurance:
In an amount not less than $500,000.00 for injuries, including
personal injury or accidental death to any one person/ and in
an amount not less than $500,000.00 on account of one occur
rence; Property Damage Insurance in an acount not less than
$300,000.00.
Coaprehensive Auto Liability:
Bodily Injury Liability:
$500,000.00 - each person
$500,000.00 - each occurrence
Property Damage Liability
$300,000.00 - each occurrence
-7-
43
c) Include Broad Form Property Damage Insurance* Remove
"XCU" Exclusions (Explosion, collapse, underground property
damage). Include damage to underground wiring, conduits,
piping.
d) Contractual Liability Insurance: As applicable to the
Contractor's obligations under Paragraph 4.18 of "General
Conditions". The Contractor shall obtain at his expense
Owner's Protective Liability Insurance Policy naming the
Owner and the Architect/Engineer as insured with the follow
ing limits:
1. Bodily Injury
$500,000.00 (each person)
$500,000.00 (each occurrence)
2. Property Damage
$300,000.00 (each occurrence)
e) Completed Operations: Continue coverage in force for
one year after completion of work.
f) ComprehensiYe Castastrophdc Liability Insurance (Umbrella
Liability)
$5,000,000.00
g) Before commencement of operations hereunder, Con
tractor shall furnish to the Architect, photostatic
copies of the above mentioned insurance policies, toget
her with a certificate from the insurance carrier that
the insurance will not be cancelled or permitted to
lapse until fifteen (15) days written notice of said
impending cancellation has been given to the Owner.
-8-
44
7* Builder's Risk Insurance: The Owner shall provide Builder's
Risk Insurance (Fire, extended coverage* vandalism and malicious
mischief) as specified in Paragraph 1.6 of Specifications on a
100? completed value basis in the names of the Contractor, Sub
contractors. Owner and Architect, as their interests appear*
Subrogation: This insurance shall not be invalidated should
the named insured waive in writing prior to a loss any right
of recovery against any party for loss occurring to the pro
perty described.
8. The Contractor shall complete the several portions and the whole
of the work called for under this Agreement and shall deliver
said improvements and premises, upon completion, to the Owner,
free and clear of all liens and claims for labor furnished or
materials used and other indebtedness - whatsoever.
9. For purposes of complying with the State of Texas Sales Tax,
the following is a division between labor and materials. %-}.
Labor
Materials
Total $680,506.00
Contractor hereby assigns to Owner any and all claims for over
charges associated with this contract which arise under the anitrust
laws of the United States, 15 U.S.C.A. Sec. 1 et seq. (1973).
-9-
45
IN WITNESS WHEREOF, the parties of these presents have executed
this Contract in four (4) counterparts, each of which shall be deemed
an original in the year and day first above mentioned.
SEAL
BOARD OF REGENTS
STEPHEN F. AUSTIN STATE UNIVERSITY
Chairman
BONNER ROOFING & METAL, INC.
509 LOCKE
LUFKIN, TEXAS 75901
ADDRESS
SEAL
READ AND EXAMINED:
PRESIDENT
Board of Regents, Stephen F . Aua€£i
.Secretary .
'n State University
(1)
(2)
(3)
Corporation name of Owner
Title of authorized official
Strike out inapplicable terms. Secretary of the Owner should
attest. If Contractor is corporation. Secretary should attest.
Give proper title of each person executing Contract.
46
PERFORMANCE BONQ
(To be used in Texas as required by Chapter 93 of
the Regular Session of the 56th Legislature of Texas)
THE STATE OF TEXA§_
COUNTY OF NACOODOCHES.
KNOW ALL MEN BY THESE PRESENTS: That we (1)
Bonner ^qqfing _&Jfetal,_ Inc._ _
of (2). LufkJn, Texas ^hereinafter called
Principal and (3) Fairmont JInsurance Canpary_ _ Of
- Burbank # state of California ^
hereinafter called the Surety, are held and firmly bound into (4)
BOARD OF REGENTS. STEPHEN F. AUSTIN STATE UNIVERSITY
hereinafter called Owner, in the penal sum of
SJbc Hundred Eighty Thousand Five Hundred Six and No/100
DOLLARS ($ 680,506.00 ), in lawful money of the United
States, to be paid in (5) NACOGDOCHES COUNTY, TEXAS
for the payment of which sum well and truly to be made, we bind
ourselves, our heirs, executors, administrators and successors,
jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION is such that Whereas,
the Principal entered into a certain Contract with (6)
BOARD OF REGENTS. STEPHEN F. AUSTIN STATE UNIVERSITY,
the Owner, dated the 23rd ^ay of April m A# D-#
19 85 . a copy of which is attached hereto and made a part hereof
for the construction of:
Re-roofing project 1985
(Herein called the "Work").
47
-2-
NOWt THEREFORE, if the Principal shall well, truly and
faithfully perform the work in accordance with the Plans, Specifications
and Contract Documents during the original term thereof, and any ex
tensions thereof which may be granted by the Owner, with or without
notice to the Surety, and, if he shall satisfy all claims and demands
incurred under such Contract, and shall fully indemnify and save
harmless of the Owner from all costs and damages which it may suffer by
reason of failure to do so, and shall reimburse and repay the Owner
all outlay and expense which the Owner may incur in making good any
default, then this obligation shall be void; otherwise to remain in
full force and effect.
NOW, THEREFORE, if the Principal shall repair any and all
defects in said work occasioned by and resulting from defects in
materials furnished by, or workmanship of the Principal in performing
the work covered by said Contract, occurring within a period of two
(2) years from the date of the Contract Completion Certificate, then
this obligation shall be null and void, otherwise to remain in full
force and effect.
PROVIDED FURTHER, that if any legal action be filed upon
this bond venue shall lie in Nacoftdocfres
County. State of Texas and that the said Surety, for value received
hereby stipulates agrees that no change, extension of time, alteration
or addition to the terms of the Contract or to the work to be performed
thereunder or the Specifications accompanying the same shall in any wise
affect its obligation of this bond, and it does hereby waive notice of
any such change, extension of time, alteration or addition to the terms
of the Contract or to the work to the Specifications.
PROVIDED, HOWEVER, that this bond be executed pursuant to
the provisions of Article 5160 of the Revised Civil Statutes of Texas
as amended by Acts of the 56th Legislature, 1959. and all liabilities
on this bond shall be determined in accordance with the provisions of
said Article to the same extent as if it were copied at length.
48
IN WITNESS WHEREOF, this instrument is executed in six
counterparts, each one of which shall be deemed an original, this the
21st jday
ATTEST:
>?av ., A.D., 19S5 .
(Rrincipal) Secretary
Bonner Koofinr & Metal, Inc.
Principal
BY
Henry John Bonner ^President"
SEAL
Witness as to Principal
(Surety) Secretary
Witness as to Surety
is
ffi^3-
Fainaont Insurance Cocpany
Surety
by /• -
NOTE: Date of Bond must not be prior to date of Contract.
(1) Correct name of Contractor
(2) A Corporation, A Partnership or an Individual,
as case may be.
(3) Correct name of Surety
(4) Correct name of Owner
(5) County or Parish and State
(6) Owner
(7), If Contractor is Partnership, all partners should
. execute bond.
49
PAYMENT BOND
(To be used in Texas as required by Chapter 93 of
the Regular Session of the 56th Legislature of Texas)
THE STATE OF TEXAS m
COUNTY OF NACOGDOCHES
KNOW ALL MEN BY THESE PRESENTS: That we
(1) Bonner Roofing & Metal, Inc.
a (2) corporation __ ;
of LuStin^-Texas^ hereinafter called Principal and
(3) Fairmont Insurance Company Of Burbank
State of California hereinafter called the Surety,
are held and firmly bound unto (4) BOAJiD OF REGENTS,
SIEEHEILE.. AUSTIN STATE UNIVERSITY
hereinafter called Owner, unto all persons, firms, and corpora
tions who may furnish materials for, or perform labor upon the
building or improvements hereinafter referred to in the penal sum
of Six Hmdrejd^EightyJIhQuggnd,Ftzg.&ffidrecl Six. sA Efo/IML
DOLLARSU 680 f 506.00 )
in lawful money of the United States, -to be paid in (5)
NACOGDOCHES COUNTY, TEXAS., for the payment of which sum well and
truly to be made, we bind ourselves, our heirs, executors, adminis
trators and successors, jointly and severally, firmly by these
presents.
THE CONDITION OF THIS OBLIGATION is such that
Whereas, the Principal entered into a certain contract with
(6) BOARD OF REGENTS. STEPHEN P. AUSTIN STATE UNIVERSITY,
the Owner, dated the 23rd day of April , A.D., 1985,
50
-2-
a copy of which is hereto attached and made a part hereof for the
construction of: Re-roofing project 1985
NOW THEREFORE, the condition of this obligation is
such that/ if the Principal shall promptly make payment to all
claimants as defined in Article 5160 Revised Civil Statutes of
Texas, 1925, as amended by House Bill 341*. Acts 56th Legislature.
Regular Session, 1959, effective April 27» 1959, supplying labor
and materials in the prosecution of the work provided for in said
Contract, then this- obligation shall be null and void; otherwise,
it shall remain in full force and effect.
This bond is made and entered into solely for the pro
tection of all claimants supplying labor and materials in the pro
secution of the work provided for in said Contract, and all such
claimants shall have a direct of action under the bond as
provided in Article 5160, Revised Civil Statutes, 1925, as
amended by House Bill 3411, Acts 56th Legislature. Regular Session
1959.
PROVIDED FURTHER, that if any legal action be filed upon
this bond, venue shall lie in Nacogdoches County,
State of Texas, and that the said Surety, for value received
hereby stipulates and agrees that no change, extension of time,
alteration or addition to the terms of the Contract or to the work
to be performed thereunder or the Specifications accompanying the
same shall in any wise affect its obligation on this bond, and it
does hereby waive notice of any change, extension of time, alteration
or addition to the terms of the Contract or to the work or to the
Specifications.
PROVIDED FURTHER, that no final settlement between
the Owner and the Contractor shall abridge the right of any
beneficiary hereunder, whose claim may be unsatisfied.
51
-3-
IN WITNESS WHEREOF, this instrument is executed in six
counterparts, each one of which shall be deemed an original, this the
21st jiay
ATTEST:
May ., A.D., 19 85 .
^Principal) Secretary
Bonner Roofing & Metal, Inc.
Principal
BY
Henry/Jdhn Bonner President
SEAL
Wflness as £0 Principal
Address
ATTEST:
(Surety) Secretary
Witness as to Surety
Fairmont Insurance Company ^ m
Surety
BY
Attorney-in-Fact Philip E. Kahar
Addres^f
NOTE: Date of Bond must not be prior to date of Contract,
(1) Correct name of Contractor
(2) A Corporation, A Partnership or an Individual,
as case may be.
(3) Correct name of Surety
(4) Correct name of Owner
(5) County or Parish and State
(6) Owner
(7) If Contractor is Partnership, all partners should
execute bond.
FAIRMONT INSURANCE COMPANY 5 2
Burbank, California
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS:
That FAIRMONT INSURANCE COMPANY, a California Corporation, does hereby make, constitute and
appoint
PHILIP E. MAHAR
-of Nacoydoches, Texas.
as its true lawful Attorney(s)-in-Fact, with full power and authority, for and on behalf of the Company as surety, to execute
and deliver and affix the seal of the Company thereto, if a seal is required, bonds, undertakings, recognizances, consents of
surety or other written obligations in the nature therof, as follows:
Any and all bonds, undertakings, recognizances, consents of surety or other written obligations in the nature
thereof,
and to bind FAIRMONT INSURANCE COMPANY thereby, and all of the acts of said Attorney(s)-in-Fact,
pursuant to these presents, are hereby ratified and confirmed.
This appointment is made under and by authority of the following Bylaws of the Company, which Bylaws
are now in full force and effect:
ARTICLE IV. Section 13. ATTORNEYS-IN-FACT AND AGENTS. The chairman of the board, the president, the vice
president, the chief financial officer, or the secretary of the corporation may appoint attomevs-in-fact or agents with power
and authority, as defined or limited in their respective powers of attorney', for and on behalf of the corporation to execute
and deliver, and affix the seal of the Corporation thereto, bonds, undertakings, recognizances, consents of surety or
other written obligations in the nature thereof and any of said oficers may remove any such attorney-in-fact or agent
and revoke the power and authority given to him or ner.
ARTICLE IV, Section 14 AUTHORITY TO BIND. Any bond, undertaking, recognizance, consent of surety or written
obligation in the nature thereof shall be valid and binding upon the corporation when signed by the chairman of the
board, the president, the vice president, the chief financial officer, or the secretary of the corporation and duly attested
and sealed, if a seal is reauired, by the secretary or assistant secretary, or shall be valid and binding upon the corporation
when duly executed ana sealed, if a seal is required, by a duly authorized attorney-in-fact or agent, pursuant to and
within the limits of the authority granted by his or her power of attorney.
This power of attorney is signed and sealed by facsimile under and by the authority of the following Resolu
tion adopted by the Board of Directors of FAIRMONT INSURANCE COMPANY at a meeting duly called
and held on the 4rd day of October, 1983:
RESOLVED that the signature of any officer authorized by the Bylaws, and the seal of the corporation, may be affixed
by facsimile to any power of attorney or special power of attorney or certification of either given for the execution of
any bond, undertaking recognizance consent of surety or other written obligation in the nature thereof; such signature
and seal, when so used, being hereby adopted by the corporation as the original signature of such officer and the original
seal of the corporation, to be valid and binding upon the corporation with the same force and effect as though manually
IN WITNESS WHEREOF, FAIRMONT INSURANCE COMPANY has caused these presents to be signed
by its proper officer and its corporate seal to be hereunto affixed this 22nd day of March of 1985
FAIRMONT INSURANCE COMPANY
Signature Henry F.Wright. Vice, Preside
53
State of California n
Us.
County of Los Angeles^
Henry F. Wrig t personally known to me, was by me duly sworn, and did depose and say: that
he/she resides in the State of California; that he/she is the duly elected Vice President of
FAIRMONT INSURANCE COMPANY, the corporation described in and which executed the above instru
ment; that he/she knows the seal of said corporation; that the seal affixed to said instrument is such cor
porate seal; that it was so affixed by authority of his/her office under the Bylaws of said corporation, and
that he/she signed his/her name thereto by like authority.
Subscribed and sworn to me this 22nd day of March 1985
OFFICIAL SEAL
HARRIET LAMBELL
NOTARY PUBLIC-^CALIFORNIA
PRINCIPAL OFFICE IN
LOS ANGELES COUNTY
My Commission Expires Apr. 21,1988
Notary Public in and
for said County and State.
l0 Trude A. Tsujlmoto
CERTIFICATION
the Assistant Secretary
of FAIRMONT
INSURANCE COMPANY, certify that the foregoing power of attorney and the above quoted Sections 13.
and 14. of Article IV of the Bylaws have not been abridged or revoked and are now in full force and effect.
Signed and Sealed at Burbank, California, this 23rd day of April 19 85
e: Assistant 9Q£petary
Originated by: Date of Origin: April 30, 1985
Surety Manager
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