Minutes of the Board of Regents of Stephen F. Austin State University. 1983, Volume No. 65

              Stephen F. Austin
State University
Minutes of the
Board of Regents
Nacogdoches, Texas
November 1,1983
Volume 65
INDEX
Minutes of the Meeting
Stephen F. Austin State University
Board of Regents
Held in Nacogdochesf Texas
November lf 198 3
84- 1 Approval of Minutes of July 25, 1983 2
84- 2 Faculty/Staff Appointments of Summer 1983 2
84- 3 Changes in Status - Summer 1983 ' 3
84- 4 Resignations for Summer 1983 4
84- 5 Faculty/Staff Appointments for FY84 4
84- 6 Changes in Status for FY84 14
84- 7 Resignations 17
84- 8 Retirements . 18
84- 9 Approval of Faculty Workload Report for
Fall Semester of 1983 19
84-10 Authorization for Board Chairman to Approve
for Retention Underenrolled Classes for
Fall Semester of 1983 19
84-11 Authority to Waive Employment of Persons
Over 7 0 19
84-12 Authority to Transfer Ex-Students Memorial
Loan Funds 19
84-13 Approval of- Curriculum 19
84-14 Approval of Budget Adjustments 28
84-15 Approval of Final Budget Positions as of
August 31, 1983 28
84-16 Approval of Fiscal Regulations 28
84-17 Authorization for Persons to Sign Vouchers
and Checks for Biennium Beginning 9-1-83 29
8 4-18 Approval of Contract—Carney Roofing Company
Re-Roofing Science Building ~ 29
84-19 Approval of Change Order No. I/Motor Pool
Building 29
84-20 Approval of Change Order No. I/Primary
Electrical Extension Project 29
84-21 Approval of Change Order No. 4/Chemistry
Building Refrigeration Machine Project 30
84-22 Rejection of Bids on Griffith Renovation
Project 30
84-23 Approval of Contract~T. G. Evans Company
Construction of Information Booth 30
84-24 Approval of Information Booth Budget 30
84-25 Authorization to Purchase 1610 Baker Street
Property and Take Bids on Construction of
Parking Lot at the Site 30
84-26 Approval of Contract--Kent-Marsellos-Scott
Design and Supervise Construction of
Residence Hall 31
84-27 Approval of Preliminary Plans for Intramural
Field Project 31
84-28 Authorization to Accept Bids to Raze East
College Apartments and to Accept Bids to
Construct Parking Lot on Site 31
Contract - Carney Roofing Company 32
Change Order No. 1 - Motor Pool Building 50
Change Order No. 1 - Primary Electrical
Extension Project 53
Change Order No. 4 - Chemistry Building
Refrigeration Machine Project 55
Contract - T. G. Evans Construction Co. 57
Contract - Kent-Marsellos-Scott 75
MINUTES OF THE MEETING
BOARD OF REGENTS
STEPHEN F. AUSTIN STATE UNIVERSITY
HELD IN NACOGDOCHES, TEXAS
November 1, 1983
The meeting was called to order by Mr. Ted Bowen, Chairman of
the Board of Regents, at 9:00 a.m. November 1, 198 3.
REGENTS -
PRESENT:
ABSENT:
Mr. Ted Bowen of Houston
Mrs. George Cullumr Jr. of Dallas
Mr. Fletcher Garner of Bridge City
Mr. Luke Honea of Wildwood
Mr. Larry Jackson of Piano
Ms. Willia B. Murphy of Crockett
Mr. Homer Bryce of Henderson
Mr. Glenn Justice of Dallas
Mr. Phil Simpson of Dallas
STAFF -
PRESENT: Dr. William R. Johnson, President of the
University
Dr. Edwin Gaston, Vice President for Aca
demic Affairs
Dr. Baker Pattillo, Vice President for
University Affairs
Mr. Don L. Henry, Vice President for Admini
strative and Fiscal Affairs
Mr. Robert Provan, Legal Counsel
V1SITORS- Donna McCollum, KTRE TV
Ross Crow, Student
Mr. George Cullum, Husband of Regent
Dora Vandervoort, Student
Leah Poston, Student
84-1
Upon motion of Regent Cullum, seconded by Regent Garner,
with all members voting aye, it was ordered that the minutes
of July 25, 1983, be approved.
84-2
Upon motion of Regent Jackson, seconded by Regent Honea,
with all members voting aye, it was ordered that the
following individuals be employed for the positions, dates,
and salaries indicated: (Summer 1983)
1. Department of Agriculture
Dr. Joe E. Gotti, Assistant Professor of Agriculture
and Beef Farm Supervisor, at a salary rate of $1,667
S^^Tf^ ^ "*" °ne"half months' effective
2. Department of Counseling and Special Educational Programs
Ms. Emilie Kief, Lecturer in Counseling and Special
Educational Programs, at a salary rate of $3,037 for
100% time for Summer II, 1983.
3. Criminal Justice Program
Mr. Patrick A. Mueller, Lecturer in Criminal Justice,
?t 1ooSoalary rate Of $1'500 f°r 50% time for Summer
Ilf 1983.
4. Department of Elementary Education
Mr. Steve D. Green, Lecturer in Elementary Education,
tt Iqc? Y ratS °f $1>50° for ;50% time for Summer
5. Department of English and Philosophy
Mr. William Dale Hearell, Lecturer in English, at a
salary rate of $800 for 50% time for Summer. II, 1983.
6. Department of Mathematics and Statistics
Dr. Roy Dean Alston, Associate Professor of Mathematics,
?t a1QSlarY rate Of $2'255-50 for 50% time for Summer
Ilf 1983a
Mr. Julius M. Burkett, Assistant Professor of
Mathematics, at a salary rate of $1,906 for 50% time
for Summer II, 1983. .
7. Department of Music
Dr. Robert Wayne Miller, Professor of Music and Chairman
or Department at a salary rate of $3,800 for 100% time
from August 1 through August 31, 1983.
8. Division of Nursing
Ms. Joan Evelyn Johnston, Assistant Professor of Nursing,
at a salary rate of $3,306 for 100% time from July
11 through August 20, 1983.
9. Department of Secondary Education
Dr. Allan G. Cannon, Lecturer in Secondary Education,
tt 1ooS,alary ratS °f $2'150 for 50% time for Summer
84-3
Upon motion of Regent Jackson, seconded by Regent Murphy,
with all members voting aye, it was ordered that the
following changes in status for the Summer 1983 be approved:
1. Department of Art
M/ Danie1' Professor of Art, at a salary rate
for Summer II instead of Summer I, 1983.
2. Department of Computer Science
Dr. Orlynn R. Evans, Assistant Professor of Computer
t^lTV irOmirtanaSalary rate of $2'084 for 50% time
for 100% time for Summer II, 1983.
3. Department of Counseling and Special Educational Programs
anH "qi11-80! H' Br^an' Assistant Professor of Counseling
o? ^ ?f?ia Educational Programs, at a salary rate
of $3,797 for 100% time for Summer II, 1983.
4. Department of Elementary Education
Dr. Macra Parker, Assistant Professor in Elementary
Education, from a salary rate of $1,741 for 50% time
to $3,482 for 100% time for Summer II, 1983.
5. School of Forestry
Dr. James Kroll, Professor of Forestry, from a salary
rate of $3,363 for 75% time to $4,484 for 100% time,
for. Summer II, 1983.
Dr. David Kulhavy, Assistant Professor of Forestry,
from a salary rate of $2,694 for 75% time to $3,592
for 100% time for Summer II, 1983.
Dr. J. David Lenhart, Professor of Forestry, from a
salary rate of $2,564 for 50% time to $3,846 for 100%
time for Summer II, 1983.
Dr. Gerald L. Lowry, Professor of Forestry, from a
salary rate of $4,982 for 100% time to $2,491 fo>- 50%
time for Summer II, 1983.
Ms. Carolyn Smith, Administrative Assistant to the
??' fr°m 100% time to 50% time for the month of August,
Dr. Robert M. Whiting, Assistant Professor of Forestry,
from a salary rate of $924 for 25% time to $2,772 for
75% time for Summer 11, 1983.
84-4
Upon motion of Regent Honea, seconded by Regent Cullum,
with all members voting aye, it was ordered that the
following resignations for the summer session be accepted:
1. Department of Elementary Education
Dr. Wendall Spreadbury, Professor of Elementary
Education, effective Summer II, 1983 only.
2. Department of Mathematics and Statistics
Ms. Jane Fay Ritter, Assistant Professor of Mathematics,
effective Summer II, 1983 only.
Dr. Robert L. Shepard, Associate Professor of
Mathematics, effective Summer II, 1983 only.
3. Department of Music
Dr. David Wilson Jones, Professor of Music, effective
Summer II, 1983 only.
19*83 oGnaiyner' Pr°feSSOr o£ Music' effective
84-5
Upon motion of Regent Garner, seconded by Regent Murphy,
with all members voting aye, it was ordered that the
following individuals be employed for the positions, dates,
and salaries indicated:
1. Department of Accounting
Dr. Frank J. Lauderdale, Lecturer in Accounting, at
a salary rate of $4,241 for 25% time for the Fall
Semester, 1983 only.
2. Department of Administrative Services
Ms. Sarah Richardson, Lecturer in Administrative
Services, at a salary rate of $1,500 for 25% time for
the Fall Semester, 1983 only.
Mr. Charles Keith Ruth, 62, B.S. (Stephen F. Austin
State University), Lecturer in Administrative Services,
at a salary rate of $2,000 for 25% time for the Fall
Dr. Nancy Wilmeth, Lecturer in Administrative Services,
at a salary rate of $3,252 for 50% time for the Fall
Semester, 1983 only.
3. Department of Communication
Mr. Allen Oster, 34, M.A. (North Dakota State
University), Lecturer in Communication and Theatre
at a salary rate of $12,000 for 75% time for nine months,
effective September 1, 1983.
Ms. Tina N. Benson, 39, M.A. (Stephen F. Austin State
University), Lecturer and Director, Student Publications,
at a salary rate of $20,004 for 100% time for twelve
months, effective September 1, 1983.
Ms. Fredigan P. Peppard, Lecturer in Communication,
at a salary rate of $7,500 for 75% time for the Fall
S^ 19.83 and 50% time for the Spring Semester,
, effective September 1, 1983.
Mr. Clayte Binion, Lecturer in Commu,nication, at a
salary rate of $4,815 for 25% time for nine months,
effective September 1, 1983.
Mr. Alfred H. Taylor, 58, M.A. (Vanderbilt University),
Visiting Professor in Communication, at a salary rate
of $16,650 for 100% time for the Spring Semester, 1984
only.
4. Department of Computer Science
Dr. John W. Anderson, Lecturer in Computer Science,
at a salary rats of $12,830 for 50% time for nine months,
effective September 1, 198 3.
Department of Counseling and Special Educational Programs
Mr. Gilbert C. Hanke, Lecturer in Counseling and Special
Educational Programs, at a salary rate of- $1,500 fSr
25i5 time for the Fall Semester, 1983 only.
Criminal Justice Program
£' J*£,\C1 A' *Ue.lle5,' ^Cturer in Criminal Justice,
Mr. John Daniel Norton, Lecturer in Criminal Justice,
SLa'aSrae!f $1500 f" ^ ^ f h
7. Department of Elementary Education
Sniv^V? BaTrhin' 47'- M'Ed* (StePhen F- Austin State
University), Lecturer in Elementary Education, at a
lfsTonly f°r 25% t±me f°r the Fal1 Semester,
Ms. Brenda Von Bowir.an, 39, M.S. (East Texas State
University), Lecturer in Elementary Education at a
ar??e f°r "% timS f°r thS Fal1 Semester,
Stat/Tln1 G'. H°lland' 52' M.Ed. (Stephen F. Austin
State University), Lecturer in Elementary Education,
IL^^ <*„%?' $1'736 ^ "% tim£ Lr ^ F3li
Ms. Keira Lorenz, Lecturer in Elementary Education
ttJii1;?^3^:153'000 for 50% ti f
Dr. Sandra Lowery, Lecturer in Elementary Education
rS5 ££ of $1'736 for 2OS tim* '■" "
8. Department of English and Philosophy
Mr. Cydney Adams, Lecturer in English, at a salarv
rate of $4 ao^ -f^,. eno. a..-_- ■ r- 3.. '_ .. &didry lilt ana 2$,V8,84 f°r *5°% tlme f°r the Fal1 198 3 and 25% time in the Spring Semester, 198 4.
Ms. Sylvia S. Bierschenk, Lecturer in English, at a
"sTonly '8?5 f°r 75% timS f°r the Fal1 t?
Mr. Benjamin A. L. Click, 25, M.A. (Stephen F. Austin
State University), Lecturer in English, at a salary
rate of $13,000 for 100% time for nine months, effective
September 1, 1983.
Dr. Diane Corbin, Lecturer in English, at a salary
rate of $5,208 for 75% time for the Fall Semester,
1983 only.
Ms. Annette Dawson, Lecturer in English, at a salary
rate of $5,580 for 75% time for the Fall Semester,
1983 only.
Ms. Mary Rose Devine, Lecturer in English, at a salary
rate of $4,875 for 75% time for the Fall Semester,
1983 only.
Dr. Constance Hill Hall, 50, Ph.D. (Texas A&M
University), Lecturer in English, at a salary rate
of $6,944 for 50% time for nine months, effective
September 1, 1983.
Ms. Susan McMath Hardy, Lecturer in English, at a salary
rate of $6,500 for 100% time for the Fall Semester,
1983 only.
Mr. William Dale Hearell, Lecturer in English, at a
salary rate of . $6,500 for 100% time for the Fall
Semester, 1983 only.
Ms. JoAnne C. Howard, Lecturer in English, at a salary
rate of $6,512 for 100% time for the Fall Semester,
1983 only.
Mr. Michael Patrick Prim, 26, M.A. (Stephen F. Austin
State .University), Assistant Instructor in English,
at a salary rate of $13,000 for 100% time for nine
months, effective September 1, 1983.
Ms. Nancy Shaffer, 37, M.S.L.S. (University of Kentucky),
Lecturer in English, at a salary rate of $6,000 for
75% time for the Fall Semester, 1983 and 2.5% time for
the Spring Semester, 1984.
Ms. Molly Abel Travis, Lecturer in English, at a salary
rate of $4,884 for 75% time for the Fall Semester,
1983 only.
Ms. Leann K. West, 31, M.A. (Stephen F. Austin State
University), Assistant Instructor in English, at a
salary rate of $13,000 fcr 100% time for nine months,
effective September 1, 1983.
Mr. Lex Akers Williford, Lecturer in English, at a
salary rate of $6,500 for 100% time for the Fall
Semester, 1983 only.
Ms. Deborah T. Yarrow, Lecturer in English, at a salary
T?of °f, $4'875 for 75% time, for the Fall Semester,
1983 only.
9. School of Forestry
Mr. William Tracey, 26, B.S.F. (Stephen F. Austin State
University), Lecturer in Forestry, at a salary rate
of $16,000 for 87% time for nine months, effective
September 1, 198 3.
10. Department of Geology
Mr. Joseph R. Pate, 34, M.S. (Stephen F. Austin State
i^n^P' Instructor of Geology, at a salary rate
of $7,500 for 100% time for the Fall Semester, 1983
only.
11. Department of Health and Physical Education
Ms. Cherie Burns, 32, M.A. (California State University
- Long Beach), Instructor and Volleyball Coach, at
a salary rate of $18,700 for 100% time for nine months,
effective September 1, 1983.
Ms. Jennifer Jolly, 24, M.Ed. (Stephen F. Austin State
University), Lecturer in Health and Physical Education,
at a salary rate of $13,858 for 75% time for nine months,
effective September 1, 1983.
Mr. Daniel Joseph Kaspar, 28, M.Ed. (North Texas State
University), Instructor in Health and Physical Education
S? ^i""tant, Basketball Coach, at a salary rate of
?23,333 for 100% time for ten and one-half months,
effective September 1, 1983.
Mr. Glen Allen Sefcik, 33, M.A.T. (Angelo State
University), Instructor in Health and Physical Education
and Track Coach, at a salary rate of $24,500 for 100%
time for nine months, effective September 1, 1983.
Mr. E. K. Sowell, B.A. (Stephen F. Austin State
University), Lecturer in Health and Physical Education,
at a salary rate of $3,150 for 67% time for the Fall
Semester, 1983 only.
Mr. Steve White, 26, B.S.Ed. (Stephen F. Austin State
University), Lecturer in Health and Physical Education,
at a salary rate of $1,600 for 33 1/3% time, for the
Fall Semester, 1983 only.
12. Department of History
Ms. Hazel Abernethy, Lecturer in History, at a salary
rate of $1,8 00 for 25% time, effective for the Fall
Semester, 1983 only.
13. . Department of Home Economics
Mr. Hoyet Williams, 65, B.A. (Baylor University),
Assistant Instructor in Home Economics, at a salary
rate of $16,257 for 100% time for nine months, effective
September 1, 198 3.
14. Department of Management and Marketing
Mr. Robert S. Anderson, Lecturer in Management and
Marketing, at a salary rate of $3,151 for 50% time
for the Pall Semester, 1983 only.
Mr. Johnny T. Long, Lecturer in Management and
Marketing, at a salary rate of $8,000 for 50% time
for nine months, effective September 1, 1983.
Ms. Linda H. Whiting, Lecturer in Management and
Marketing, at a salary rate of $1,500 for 25% time,
effective for the Fall Semester, 1983 only.
15. Department of Mathematics and Statistics
Mr. William Babb, 26, M,S. (Stephen F. Austin State
University), Lecturer in Mathematics, at a salary
rate of $6,800 for 100% time for the Fall Semester,
1983 only.
Mr. Arthur Baker Denman, Lecturer in Mathematics,
at a salary rate of $5,400 for 50% time for the Fall
Semester, 1983 only.
Dr. Robert Fleet, 35, Ph.D. (Texas A&M University),
Lecturer in Mathematics, at a salary rate .of $3,600
for 50% time for the Fall Semester, 1983 only.
Ms. Kay Dianne Fromme, Lecturer in Mathematics, at
a salary rate of $17,500 for 87.5% time for nine months,
effective September 1, 1983.
Mr. John Michael Garner, 26, B.S. (Stephen F. Austin
State University), Lecturer in Mathematics, at a salary
rate of $5,906 for 75% time for the Fall Semester,
1983 and 50% time for the Spring Semester, 1984.
10
Ms. Julie Gaylord, Lecturer in Mathematics, at a salary
rate of $7,200 for 100% time for the Fall Semester,
1983 only.
Mr. Mohammad Hcsseinpour, 33, M.S. (Stephen F. Austin
State University), Lecturer in Mathematics, at a salary
.rate of $5,824 for 100% time for the Fall' Semester,
1983 only.
Ms. Peggy Lee Kaisershot, 27, B.S. (Stephen F. Austin
State University), Lecturer in Mathematics, at a salary
rate of $5,906 for 75% time in the Fall Semester,
1983 and 50% time in the Spring Semester, 1984.
Dr. Charles Shyuan Li, 28, Ph.D. (University of Texas
Dallas), Assistant Professor of Mathematics, at
a salary rate of $22,500 for 100% time for nine months,
effective September 1, 1983.
Ms. Vicky Gail Lymbery, Lecturer in Mathematics, at
a salary rate of $3,600 for 50% time for the Fall
Semester, 1983 only.
Dr. Pamela D. Roberson, 29, Ph.D. (University of
Houston), Assistant Professor of Mathematics, at a
salary rate of $22,500 for 100% time for nine months,
effective September 1, 1983.
Mr. Donald Robert Roose, 25, B.A. (Stephen F. Austin
State University), Lecturer in Mathematics, at a salary
rate of $5,906 for 75% time for the Fall Semester,
1983 and 50% time for the Spring Semester, 1984.
Mr. Steven Arthur Shandro, B.S. (Stephen F. Austin
State University), Lecturer in Mathematics, at a salary
rate of $5,906 for 75% time for the Fall Semester,
1983 and 50% time for the Spring Semester, 1984.
Ms. Jane S. Shepard, Lecturer in Mathematics, at a
salary.rate of $17,500 for 87.5% time for nine months,
effective September 1, 1983.
Ms. Sandra K. Welch, Lecturer in Mathematics, at a
salary rate of $17,500 for 87.5% time for nine months,
effective September 1, 1983.
Ms. Ellen T. Wood, Lecturer in Mathematics, at a salary
rate of $17,500 for 87.5% time for nine months,
effective September 1, 1982..
11
16. Department of Music
Ms. Sharon Allene Ault, 25, M.A. (Stephen F. Austin
State University), Lecturer in Music, at a salary
rate of $3,000 for 50% time for the Pall Semester,
1983 only.
Ms. Sally Eeaty, Lecturer in Music, at a salary rate
of $3,000 for 50% time for the Fall Semester, 1983
only.
Ms. Jeanette Ensley, 32, M.M. (Arizona State
University), Instructor in Music, at. a salary rate
of $20,000 for 100% time for nine months, effective
September 1, 1983.
Dr. Morris Eugene Hall, 70, Lecturer in Music, at
a salary rate of $1,500 for 25% time for the Fall
Semester, 1983 only.
Mr. Randall R. Laifeste, 26, B.M.Ed. (Texas Tech
University), Lecturer in Music, at a salary rate of
$1,350 for 22.5% time for the Fall Semester, 1983
only.
Mr. Michael Pierce, Lecturer in Music, at a salary
rate of $6,000 for 50% time for nine months, effective
September 1, 19 83.
Ms. Vicki Lyn Ray, Lecturer in Music, at a salary
rate of $6,000 for 50% time for nine months, effective
September 1, 1983.
17. Division of Nursing
Ms. Lois . Wilson Gonzalez, 40, M.S.N. (Texas Woman's
University), Assistant Professor in Nursing, at a
salary rate of $20,250 for 100% time for nine months,
effective September 1, 1983.
Ms. 'Greta Eugenia Haidinyak, 34, M.Ed. (Stephen F.
Austin State University), Instructor in Nursing, at
a salary rate of $18,000 for 100% time for nine months,
effective September 1, 1983.
Ms* Christina A. Ronshausen, 34, M.S. (University
of Arizona), Assistant Professor in Nursing, at a
salary rate of $20,250 for 100% time for nine months,
effective September 1, 1983.
12
18. Department of Physics
Dr. Walter Trikosko, 36, Ph.D. (Clemson University),
Assistant Professor of Physics, at a salary rate of
$22,500 for 100% time for nine months, effective
September 1, 198 3.
Mr. Philip F. Blackburn, Electronic Technician I in
the Department of Physics, at a salary rate of $12,480
for 100% time for twelve months, effective September
1, 1983.
19. Department of Political Science
Dr. Harry W. Hoechten, Lecturer in Political Science,
at a salary rate of $3,675 for 25% time for nine months,
effective September 1, 1983.
Mr. John 0. Stephens, Lecturer in Political Science,
at a salary rate of $6,004 for 25% time for nine months,
effective September 1, 1983.
20. Department of Secondary Education
Dr. Allan Gordon Cannon, Lecturer in Secondary
Education, at a salary rate of $4,000 for 50% time
for the Fall Semester, 1983 only.
Dr. Clyde L. Iglinsky, 48, Ph.D. (East Texas State
University), Lecturer in Secondary Education, at a
salary rate of $1,500 for 20% time for the Fall
Semester, 1983 only.
21. Division of Applied Arts and Sciences
13
Dr. William Heeney
Dr. Harold Hill
Dr. Harold Hill
Dr. Harry Hoechten
Dr. Jerry Irons
Dr. Jerry Irons
Dr. Mary Ella Lowe
Dr. Samir Maamary
Dr. Morgan Moses
Dr. Morgan Moses
Dr. Morgan Moses
Mr. Patrick Mueller
Dr. Milton Payne
Dr. Hugh D. Prewitt
Dr. Kay Rayborn
Mr. Douglas Raymond
Mr. Jesse Richardson
Dr. Elvia Rodriguez
Dr. J. A. Rodriguez
Dr. Carol Saunders •
Dr. Wendall Spreadbury
Dr. Kurt Stanberry
Dr. James Standley
Dr. George Thompson
Dr. John Thornton
Dr. John Thornton
Dr. G. Willingham
22. Computer Center
Fall 1983
Sum.II, 1983
Fall 1983
Fall 1983
Sum.II, 1983
Fall 1983
Fall 1983
Fall 1983
Sum.l, 1983
Sum.11, 1983
Fall 1983
Fall 1983
Fall 1983
Fall 1983
Fall 1983
Fall 198 3
Fall 1983
Fall 1983
Fall 1983
Fall 1983
Fall 1983
Fall 1983
Fall 1983
Sum.II, 1983
Sum.II, 1983
Fall 1983
Fall 1983
Humble
Longview
Longview
Coffield/
Beto
Longview/
Humble
Longview
Humble
Humble
Corsicana
Jasper
Jasper
Coffield
Humble
Longview
Tenaha
Coffield
Coffield
Trinity
Humble
Longview
Trinity
Coffield
Beto
Corsicana
Longview
Fairfield
Jasper
$ 1,940
636
1,336
3,036
1,126
1,336
1,440
740
800
647
1,347
2,266
1,440
1,336
1,288
2,266
1,266
1,348
1,440
636
1,348
1,016
1,036
500
636
1,388
1,347
Mr. Russell A. Hobbs, Computer Operator I, at a salary
" 198°3. $10'754'00 for twelve month*' effective August
Ms. Judith Kim Ponder, Administrative Secretary I
J ^a?te °f $1040° f° tl months'
23. Administrative and Fiscal Affairs
Mr. Danny Ray Gallant, 28, B.B.A. (Stephen F. Austin
nf o« *inSrf y)' Accountant II, at a salary rate
1983 twelve months, effective August 22,
24. University Affairs
Ms. _. Kate Asbury, Staff Writer and Associate Editor
and Information Office, at a salary
for twelve months, effective September
14
Mr. Robert Sensabaugh, Line Supervisor in East College
Cafeteria, at a salary rate of $10,400 for twelve
months, effective September 29, 1983.
Mr. Nolan Smith, Police Officer Trainee, at a salary
rate of $12,29 3 for twelve months, effective September
12 f 19 8 3 •
Ms. Laura Walling, Intramural Supervisor, at a salary
rate of $14,500 for ten and one-half months, effective
September 1, 1983.
Dr. Alejandro Zambra, University Physician, at a salary
rate of $44,816 for ten and one-half months, effective
September 1, 1983.
25. Office of Development
Mr. Clyde S. Carman, Director of Development, at a
salary rate of $42,553 for twelve months, for the
period September 1, 1983 through October 31, 1983.
84-6
Upon motion of Regent Jackson, seconded by Regent Garner,
with all members voting aye, it was ordered that the
following changes in status be approved:
1. Department of Accounting
Dr. Louise P. Bingham, Associate Professor of Accounting,
from a salary rate of $30,416 to $30,703 for 100% time
for nine months, effective September 1, 1983. This
is to correct an error in the printed budget.
Mr. Freddy Glenn Dial, Instructor " of Accounting, from
a_ salary rate of $19,189 to $19,370 for 100% time for
nine months, effective September 1, 1983. This is
to correct an error in the printed budget.
Ms. Emagene Wind, Instructor of Accounting, from a
salary rate of $21,362 to $21,564 for 100% time for
nine months, effective September 1, 1983. This is
to correct an error in the printed budget.
2. Department of Economics and Finance
Dr. E. Dwayne Key, Associate Professor of Economics
and Finance, from a salary rate of $28,917 to $29,023
for 100% time for nine months, effective September
1, 1983. This is to correct an error in ■ the printed
bud-get. *
15
Dr. Lynnette K. Solomon, Associate Professor of Economics
and Finance, from a salary rate of $28,534 to $28,866
for 100% time for nine months, effective September
1, 1983. This is to correct an error in the printed
budget.
3. Department of English and Philosophy
Dr. Barbara Carr, Associate Professor of English, from
a salary rate of $25,180 to $25,296 for 100% time for
nine months, effective September 1, 1983. This is
to correct an error in the printed budget.
Mr. Wilbert Love, Jr., Instructor in English and
Assistant to the Dean of Liberal Arts, from a salary
rate of $24,600 to $24,840 for 100% time for twelve
months, effective September 1, 1983. This is to correct
an error in the printed budget.
4. School of Forestry
Mr. Ellis V. Hunt, . Associate Professor of Forestry,
from a salary rate of $28,464 to $29,139 for 100% time
for nine months, effective September 1, 1983. Mr.
Hunt has been designated Interim Assistant to the Dean
of the School of Forestry.
Dr. Regan Lee Rayburn, Assistant Professor of Forestry,
at a salary rate of $21,500 for 100% time for nine
months, effective September 1, 1983. Dr. Rayburn had
accepted a teaching position in Computer Science, but
upon completion of the D.F. degree, he accepted the
position in Forestry.
5 > Department of Geology
Mr. Martin J. Deuth, Assistant Professor of Geology,
from a salary rate of $22,632 to $23,064 for 100% time
for nine months, effective September 1, 1983.
6. Department of Management and Marketing
Mr. Larry R. O'Neal, Assistant Professor of Management
and Marketing, from a salary rate of $27,000 to $2<5,OOO
for 100% time for nine months, effective September
If 1983. Mr. OfNeal did not complete all requirements
for the Ph.D. . degree by the time designated in his
contract.
16
7. Department of Music
Dr. Richard Coolidge, Professor of Music, from a salary
rate of $32,939 to $32,329 for 100% time for nine months,
effective September 1, 1983. This is to correct an
error in the printed budget„
8. Department of Political Science and Geography
Ms. Mary Louise Cams, Assistant Professor of Political
Science, from a salary rate of $23,111 to $23,329 for
100% time for nine months, effective September 1, 1983.
This is to correct an error in the printed budget.
9. Department of Psychology
Dr. Raymond L. Eastman, Associate Professor of
Psychology, from a salary .rate of $23,864 to $23,974
for 100% time for nine months, effective September
If 1983. This is to correct an error in the printed
budget.
10. Social Work Program
Mr. William E. Syers, Assistant Professor of Social
Work, from a salary rate of $21,527 to $22,527 for
100% time for nine month, effective September 1, 1983.
This is to correct an error in the printed budget.
11. Department of Sociology
Dr. Connie Spreadbury, Associate Professor of Sociology,
from a salary rate of $27,796 to $33,973 for 100% time
for nine months, effective September 1, 1983. Dr.
Spreadbury has been designated Assistant Dean of Liberal
Arts and Associate Professor of Sociology.
12. University Affairs
Ms. Stella Richey, from Secretary I at a salary rate
of $9,616 to Secretary III at a salary rate of $10 f 270,
effective September 1, 1983.
Mr. Larry Hall, from Assistant Food Production Supervisor
II at a salary rate of $14,147 to Food Production
Supervisor I at a salary rate of $15,640, effective
September 1, 198 3.
Mr. John Hazlewood, from Assistant Food Production
Supervisor I at a salary rate of $13,239 to Assistant
Food Production Supervisor II at a salary rate of
$13,655, effective September 1, 1983.
Mr. Norvelle Hoover, from Assistant Manager of the
Bookstore, at a salary rate of $17,958 to Manager of
the Bookstore at a salary rate of $25,000, effective
Sf=>Dtemb^r 1. 1983.
17
Ms. Peggy Starr, from Secretary II at a salary rate
of $9,110 to Office Manager at a salary rate of $10,067,
effective September 1, 1983.
Mr. Norman Stewart, from Food Production Supervisor
I at a salary rate of $16,436 to Assistant Cafeteria
Manager at a salary rate of $18,278, effective September
1, 1983.
Dr. Foy Varner, Jr., from Physician at a salary rate
of $50,228 to Director of University Health Services
and Physician at a salary rate of $60,000, effective
August 1, 1983.
13. President
Dr. William R. Johnson, increase in salary supplement
from $10,000 to $15,000, effective September 1, 1983.
This increase was approved by the Directors of the
Foundation.
84-7
Upon motion of Regent Honea, seconded by Regent Jackson,
with all members voting aye, it was ordered that the
following resignations be accepted:
1. Department of Art.
Ms. Kimberly Burleigh, Assistant Professor of Art
effective December 31, 1983.
2. Department of Communication
Ms. Sue D. Perkins, Lecturer in Communication and
Director, Student Publications, effective August 5,
19 83.
3. Department of Computer Science
Dr. Harold, D. Camp, Assistant Professor of Computer
Science, effective August 22, 1983.
4. School of Forestry
Dr. Ricardo Clemente, Assistant Professor of Forestry
effective September 1, 1983.
Ms. Carolyn Smith, Administrative Assistant to the
Dean of Forestry, effective August 31, 1983.
5. Department of Home Economics
Ms. Sally Ann Hegland, Instructor in Home Economics,
effective July 1, .1983.
18
6. Division of Nursing
Mr. James Robertson, Assistant Professor of Nursing,
effective July 8, 1983.
Ms. Charlene B. Schwab, Assistant Professor of Nursing,
effective July 25, 1983.
7. Department of Psychology
Dr. Richard L. Pollock, Associate Professor of
Psychology, effective August 31, 1983.
8. Department of Secondary Education
Ms. Betty Jane Harrison, Lecturer in Secondary Education,
effective August 18, 1983.
9. Computer Center
Mr. William Calvin Long, Computer Operator II, effective
July 29, 1983.
10. Administrative and Fiscal Affairs
Ms. Norma L. Doan, Assistant Director of Purchasing,
effective October 1, 1983.
11. University Affairs
Ms. Margaret Abbott, Secretary II, effective October
10, 1983.
Mr. Mark Conner, Staff Writer and Associate Editor
in University News Office, effective July 29, 1983.
Ms. Stephanie Faulk, Secretary III, effective Auqust
31, 1983. *
Dr. J. Malcolm Graham, University Physician, effective
August 31, 198 3.
84-8
Upon motion of Regent Garner, seconded by Regent Murphy,
with all members voting aye, it was ordered that the
following retirements be approved:
1. Administrative and Fiscal Affairs
Lillie Ruth Williamson, Assistant Business Manager,
effective August 31, 1983.
19
2. University Affairs
Mr. Mart Crawford, Administrative Assistant, effective
August 31, 1983.
Mr. Albert Harris, Director of Health Services, effective
July 31, 1983.
Mr. Ralph McCormack, Manager of the Bookstore, effective
August 31, 1983.
84-9.
Upon motion of Regent Cullum, seconded by Regent Jackson,
with all members voting aye, it was ordered that the Faculty
Workload Report for the fall semester of 1983 be approved
as submitted at the meeting.
84-10
Upon motion of Regent Garner, seconded by Regent Jackson,
with all members voting aye, it was ordered that the Chairman
of the Board of Regents be authorized to approve for
retention the underenrolled classes for the fall semester
of 1983.
84-11
Upon motion of Regent Honea, seconded by Regent Cullum,
with all members voting aye, it was ordered that the policy
on non-employment beyond the age of 7 0 be waived in the
case of the following instructors to allow for part-time
instruction during 1983-84:
Mr. Willie Clayte Binion, Lecturer in Communication
Dr. Morris Eugene Hall, Lecturer in Music
84-12
Upon motion of Regent Murphy, seconded by Regent Garner,
with all members voting aye, it was ordered that the deposits
in the Ex-Students Memorial Loan Fund be transferred to
another student loan account and that the University
administration be authorized to dissolve the incorporation
of the Ex-Students Memorial Loan Fund pursuant to the Texas
Non-Profit Corpora-ion Law, V.A.T.S. art. 1396-1.01 et
seq. —
84-13
Upon motion of Regent Garner, seconded by Regent Murphy,
with all members voting aye, it was ordered that the
curriculum items on the following pages, approved by the
University Undergraduate and Graduate Curriculum Committees,
be approved:
20
A. Additions:
Department and Number
Accounting 447
Criminal Justice 313
Criminal Justice 341
Criminal Justice 342
Communication 110
Geology 340
Mathematics 320
Mathematics 321
Mathematics 322
Military Science 207
Military Science 375
Military Science 407
Music 100
Music 103
Music 104
Music 109
Music 119
Music 129
Music 151
Music 152
Music 190
Music 251
Music 252
Music 309
Music 319
Music 320
Music 329
Music 353
Music 357
Music 380
Music 456
Music 458
Music. 464
Music 465
Music 471
Music 495
Music Performance 496
Physics 301
Physics 302
Physics 303
Physics 304
Political Science 310
Psychology 470
Sociology 375
UNDERGRADUATE CURRICULUM COMMITTEE
Title
Advanced Auditing
Private Security Law
Loss and Theft Prevention
Assets Protection
Speech Communication for Business
Geologic Resources
Statistical Methods
Nonparametric Statistics
Statistical Modeling
Basic Leadership Laboratory
Special Topics
Advanced Leadership Laboratory
Recital Attendance
Class Voice
Class Voice
Applied Instruction
Applied Instruction
Applied Instruction
Aural Skills I
Aural Skills II
Introduction to Music
Aural Skills III
Aural Skills IV
Applied Instruction
Applied Instruction
Applied Instruction
Applied Instruction
Contemporary Music
Instrumental Conducting
Accompanying
Twentieth Century American Music II
Repertoire
Performance Pedagogy and Materials I
Performance Pedagogy and Materials II
Materials' and Resources for Teaching
Music
Recital
Recital
Chemical Physics for Teachers
Mechanics for Teachers
Optics for Teachers
Electricity and Magnetism for Teachers
American Constitutional Development
Cognitive Psychology
Social Services and the Elderly
Hours Credit
3
3
3
3
3
3
3
3
3
1
1-3
1
0
1
1
1
2
3
2
2
3
2
2
1
2
3
3
3
3
1
3
1
3
2
3
0
0
3
3
3
3
3
3
3
21
B. Revisions
Department
and Number
Current Title
and Credit New No,
Home Economics 447
Methods in Vocational
Homemaking Education
(3)
Student Teaching in
Secondary Home-making
(6)
447
New Title
and Credit
Auditing Principles (3)
(Change in course
description)
(3) (Change in credit)
(Change in course
description)
(Change in course
description)
Law Enforcement: Struc
ture and Functions (3)
(Change in course
description)
Criminal Law (3)
Grammar and Lin
guistics (3)
(Change in descrip
tion)
Linguistic Analysis
(3)
(Change in prereq
uisite)
Introduction to Fire
Management (3) (Change
in course description)
Fire Use and Land
Management (3)
Fire Use in Land
Management (1)
(Change in course
description)
(Change in course
description)
(Change in course
description)
Laboratory in Foods and
Nutrition (1) (Change
in course description)
Food Science (3) (Change
in course description)
Philosophy and Methods
in Teaching Vocational
Home Economics Educa
tion (3)
Student Teaching in
Vocational Home
Economics (6)
22
Department
and Number
Italian 111
Italian 112
Military Science 101
Military Science 103
Military Science 301
Military Science 302
Military Science 401
Military Science 402
Music MUS 101
Music MUS 101
Music MUS 132
Music MUS 133
Music MUS 134
Music MUS 135
Music MUS 136
Music MUS 137
Music MUS 139
Music 140
Music MUS 155
Music MUS 161
Music MUS 162
Music MUS 170
Current Title
and Credit New No.
Reading Italian (3) 111
Reading Italian (3) 112
Wilderness Survival and 101
Texas Hunter Safety
Certification (2)
Orienteering and Land 103
Navigation (2)
Management I (3) 301
Organization and Func- 302
tions (3)
Management II (3) 401
Current Military Topics 402
(3)
Class Piano (2) MUP 101
Class Piano (2) MUP 102
Opera Workshop (1) MUP 132
University Choir (1) MUP 133
University Symphony MUP 134
Orchestra (1)
University Bands (1) MUP 135
Marching Band (2) MUP 136
Lab Band (1) MUP 137
Chamber Ensembles (1) MUP 139
Music Appreciation (3) 140
Music for Classroom MUE 155
Teachers (3)
Theory I Elementary MTC 161
Harmony (3)
Theory II Harmony (3) MTC 162
Diction for Singers (1) MUP 170
New Title
and Credit
Elementary Italian (4)
Elementary Italian (4)
First Aid, Water Safety
and Texas Hunter Safety
Certification (2)
(Change in course
description)
Wilderness Survival and
Land Navigation (2)
Leadership, Methods of
Instruction and Oral
Communication (3)
Military Organizations
and Functions (3)
(Change in course
description)
Applied Leadership,
Logistics and Officer
Ethics (3) (Change in
course description)
Military Law and the
New Officer (3)
(Change in course
description)
(Change in prefix and
course description)
(Change in prefix)
(Change in prefix)
(Change in prefix)
(Change in prefix)
(Change in prefix)
(Change in prefix)
(Change in prefix and
course description)
Chamber Music
Practicum (1)
(Change in prefix and
course description)
(Change in course
description)
(Change in prefix)
Theory I (2)
(Change in prefix and
course description)
Theory II (2)
(Change in prefix
and description)
(Change in prefix and
course description)
23
Department
and Number
Current Title
and Credit New No,
Brass Class I (1) MUE 301
Woodwind Class I (1) MUE 302
Percussion Class I (1) MUE 305
String Class I (1) MUE 307
Music in the Elementary MUE 354
School (3)
Theory III (3) MTC 261
Brass Class II (1) MUE 302
Woodwind Class II (1) MUE 304
Percussion Class II (1) MUE 306
String Class II (1) MUE 308
Composition (2) MTC 305
Music History and MHL 347
Literature (3)
Music History and MHL 348
Literature (3)
Music in the Middle MUE 355
School (3)
Choral Conducting (3) MUP 356
Theory IV (3) MTC 262
Composition (3) MTC 405
Composition (3) MTC 415
Choral Conducting MUP 456
Seminar (3)
Choral Materials (3) MUE 452
Marching Band MUE 453
Techniques (2)
Instrumental Conduct- MUE 457
ing (3)
Instrumental Materials MUE 455
(3)
New Title
and Credit
(Change in prefix)
(Change in prefix)
(Change in prefix)
(Change in prefix)
(Change in prefix)
(2) (Change in prefix and
course description)
(Change in prefix)
(Change in prefix)
(Change in prefix)
(Change in prefix)
(Change in prefix)
(Change in prefix)
(Change in prefix)
(Change in prefix)
(Change in prefix)
(2) (Change in
prefix)
(Change in prefix)
(Change in prefix)
(Change in prefix)
(Change in prefix)
(3) (Change in prefix and
course description)
Advanced Instrumental
Materials (3)
Instrumental Materials
and Band Adminis
tration (3) (Change
in prefix)
(Change in prefix)
(Change in prefix)
(Change in prefix)
(Change in prefix)
(Change in prefix)
(Change in prefix)
(Change in prefix)
(Change in prefix)
(Change in course
description)
(Change in course
description)
24
Department
and Number
Nursing 316
Nursing 317
Nursing 320
Nursing 414
Nursing 416
Nursing 423
Nursing 425
Nursing 475
Philosophy 223
Physical Education 225
Physics 320
Psychology 153
Reading 240
Reading 390
Reading 415
Sociology 305
Sociology 430
Spanish 407
Special Education 438
Speech and Hearing 470
Current Title
and Credit New No,
Health Assessments (2)
Individuals in Situa-tional
Crisis (6)
Individuals in Develop
mental Crisis (5)
Families in Crisis (6)
Systems Health Promo
tion (1)
Nursing Process Prac-ticum
(6)
Selected Clinical Prac
tice Topics (3)
Special Problems (3.-6)
Moral Decision (3)
Officiating (3)
Engineering Statics (4)
Personality Differences
of Males and Females
(3)
Foundations and Ap- 240
proaches to Teach
ing Reading (3)
Materials and Resources 390
for Teaching Reading
(3)
Corrective Reading (3) 415
Sociology of Death 305
and Dying (3)
Problems of the Elderly 430
in Nursing Homes (3)
Survey of Spanish Lit- 407
erature (3)
Teaching Children with 438
Learning and Behav
ioral Disorders (3)
Language for the Deaf 470
(3)
New Title
and Credit
Materials and Ap
proaches to Teach
ing Reading (3)
(Change in course
description)
Teaching Reading in
the Content Areas
(3) (Change in
course description)
Corrective Reading (4)
A Study of Cultural and
Sociological Aspects of
Death and Dying (3)
(Change in Course
Description)
Social Problems of
the Elderly (3)
(Division of course
into A and B topics)
Teaching Children with
Learning Disorders
(3)
(Change in course
description)
25
C. Deletions:
Department and Number
Criminal Justice 151
Criminal Justice 221
Criminal Justice 412
Elementary Education 351
English 305
Forestry 443L
Forestry 445L
Music 103
Music 104
Music 106
Music 107
Music 108
Music 109
Music 110
Music 111
Music 112
Music 113
Music 114
Music 116
Music 117
Music 118
Music 119
Music 120
Music 121
Music 122
Music 123
Music 124
Music 125
Music 126
Music 127
Music 128
Music 129
Music 130
Music 131
Music 138
Music 195
Music 206
Music 207
Music 208
Music 216
Music 217
Music 218
Music 306
Music 307
Music 308
Music 309
26
Department and Number
Music 310
Music 311
Music 312
Music 316
Music 317
Music 318
Music 319
Music 320
Music 321
Music 322
Music 323
Music 324
Music 325
Music 326
Music 327
Music 328
Music 329
Music 349
Music 406
Music 407
Music 408
Music 416
Music 417
Music 418
Music 466
Music 467
Nursing 301
Nursing 313
Nursing 322
Physics 310
Physics 311
Physics 313
Political Science 311
Sociology 395
Sociology 396
Title
Applied Flute
Applied Oboe
Applied Clarinet
Applied Piano
Applied Voice
Applied Organ
Applied Trumpet
Applied Trombone
Applied French Horn
Applied Baritone Horn
Applied Tuba
Applied Percussion
Applied Violin
Applied Viola
Applied Violincello
Applied Contrabass
Applied Guitar
Hymnology
Applied Piano
Applied Voice
Applied Organ
Applied Piano
Applied Voice
Applied Organ
Organ Pedagogy
Vocal Pedagogy
A Study of Health Assessments
Pathophysiology 11
Community Health
Light, Color and Photography
Introductory Chemical Physics
Electricity and Mechanics in
Practice
Politics of American Minorities
Aging and Mental Health
Applied Gerontology
Hours Credit
1-3
1-3
1-3
1-3
1-3
1-3
1-3
1-3
1-3
1-3
1-3
1-3
1-3
1-3
1-3
1-3
1-3
3
1-3
1-3
1-3
1-3
1-3
1-3
2
2
3
3
3
4
4
4
3
3
3
A. Additions:
Department and Number
Communication 401G
Counseling and Special
Educational Program
Elementary Education 525
Forestry 438G
Forestry 438G Lab
GRADUATE CURRICULUM COMMITTEE
Title
Topics in Speech Communication
Clinical Practicum: Speech
Pathology
Practicum in Teaching
Fire Use in Land Management
Fire Use in Land Management Lab
Hours Credit
3
3
3
3
1
27
Department and Number
Geology 507
Geology 540
Management 581
Psychology 470G
Title
Sedimentology
Ore Microscopy
Information Systems in Organizations
Cognitive Psychology
Hours Credit
3
3
3
3
B. Revisions:
Department
and Number
Current Title
and Credit New No.
New Title
and Credit
(Change in course
description)
Neurological Basis
for Speech Language
and Hearing (3)
Corrective Reading (4)
Linguistic Analysis (3)
C. Deletions:
Department and Number
Mathematics/Statistics 500
Mathematics/Statistics 565
Title
Advanced Topics in Elementary
School
Combinational Analysis
Hours Credit
3
3
28
84-14
Upon motion of Regent Jackson, seconded by Regent Honeaf with
all members voting aye, it was ordered that the following bud
get adjustments for FY8 3 be approved:
Account
Number Account Name Purpose Amount
1. 5615 U.C. Programs Transfer moneys gene
rated by U.C. Programs
from their Income Acct
into Expense Acct. for
operational expenses
Source of Funds: Pledged Property Surplus
5,323
2. 1401-
9300
3. 1212
Computer Center
Office for Control
of Hazardous
Materials
Renovation of 2 rooms
into professional
offices 13,237
Initial cost to es
tablish this office 5,042
4. 1135 University Library Final installment on
computer equipment 21,216
Source of Funds: Education and General Surplus
5- 502C Intercollegiate
Athletics for Men
Initial fee of $10,000
due Nov. 15 to Gulf
Star Conference and
first year's annual
dues of $10,000 due
April 1
Source of Funds: Auxiliary Enterprise Surplus
20,000
84-15
Upon motion of Regent Cullum, seconded by Regent Murphy,
with all members . voting aye, it was ordered that final
budget positions of all accounts for FY83, as shown in
the August 31, 198 3, Monthly Report, be approved:
84-16
Upon motion of Regent Jackson, seconded by Regent Garner,
with all members voting aye, it ..was ordered that the Fiscal
Regulations, dated September 1, 198 3, be approved.
29
84-17
Upon motion of Regent Jackson, seconded by Regent Garner,
with all members voting aye, it was ordered that the
following persons be authorized to sign any and all vouchers
and checks for the bienniuro. beginning September 1, 1983 —
Dr. William R. Johnsonf President
Mr. Don L. Henry, Vice President for Administrative
and
Fiscal Affairs
Mr. Otto J. Ehrlich, Comptroller
Mr. David D. Stanley, Business Manager
Mr. Danny R. Gallant, Accountant II
and that the following persons be authorized to sign vouchers
for the purchase of library books and other holdings for
the biennium beginning September 1, 1983-
Mr. Al Cage, Director of Libraries
Mr. Lee Sullenger, Associate Library Director
Ms. Peggy Gibson, Accounting Assistant
Ms. Bernice Wright, Librarian II
Ms. Peggy Wedgeworth, Associate Library Director
84-18
Upon motion of Regent Garner, seconded by Regent Honea,
with all members voting aye, it was ordered that the contract
with Carney Roofing Company, Incorporated, of Nacogdoches,
Texas, in the amount of $203,265.00, for the re-roofing
of the Science Building be ratified and entered into the
minutes. (See page 32 for contract)
Source of Funds: Ad Valorem Tax Funds
84-19
Upon motion of Regent Honea, , seconded by Regent Murphy,
with all members voting aye, it was ordered that Change
Order No. 1 on the Motor Pool Building, in the amount of
$112,850.00, be ratified. (See page 50 for Change Order)
Source of Funds: Ad Valorem Tax'Funds
84-20
Upon motion of Regent Cullum, seconded by Regent Murphy,
with all members voting aye, it was ordered that Change
Order No. 1 on the Primary Electrical Extension Project,
in the amount of $1,362.00 be approved and the Chairman
of the Board be authorized to sign the Change Order. (See
page 53 for Change Order)
Source of Funds: Unexpended Ad Valorem Tax Funds
30
84-21
Upon motion of Regent Honea, seconded by Regent Murphy,
with all members voting aye, it was ordered that Change
Order No. 4 (final) on the Chemistry Building Refrigeration
Machine Project, in the amount of $2,488.00, be approved
and the Chairman of the Board be authorized to sign the
Change Order. (See page 55 for Change Order)
84-22
Upon motion of Regent Garner, seconded by Regent Honea,
with all members voting aye, it was ordered that all bids
on the Griffith Renovation Project be rejected and the
project be revised as necessary to reduce the cost.
84-23
Upon motion of Regent Jackson, seconded by Regent Murphy,
with all members voting aye, it -was ordered that the contract
with T. G. Evans Company, Nacogdoches, Texas, in the amount
of $23,567.00 for the construction of the Information Booth,
be approved and the Chairman of the Board be authorized
to sign the contract. See page 57 for contract.
Source of Funds: Ad Valorem Tax Funds
84-24
Upon motion of Regent Jackson, seconded by Regent Murphy,
with all members voting aye, it was ordered that the budget
for the construction of the Information Booth be approved
as follows:
Construction contract (T.G.Evans) $ 23,567
Architectural fees 2,350
Administration cost 1,000
Contingency " 1,000
TOTAL $ 27,917
84-25
Upon motion of Regent Garner, seconded by Regent Cullum,
with all members voting aye, it was ordered that the
University administration be authorized to purchase property
located at 1610 Baker Street, Nacogdoches, Texas, for the
purchase price of f>38,000, and the administration is further
authorized to take bids on construction of a parkinq lot
at the site.
Source of Funds: Ad Valorem Tax Receipts
31
84-26
Upon motion of Regent Jackson, seconded by Regent Garner,
with all members voting aye, it was ordered that the services
of the architectural firm of Kent-Marsellos-Scott, Lufkin,
Texas, be employed to design and supervise the construction
of a residence hall, and that the Chairman of the Board
be authorized to sign the Architectural Services Agreement.
See page 75 for contract.
84-27
Upon motion of Regent Jackson, seconded by Regent Garner,
with all members voting aye, it was ordered that the
preliminary plans for the Intramural Field Project be
approved and the administration be authorized to accept
bids.
Source of Funds: Auxiliary Enterprise Surplus
84-28
Upon motion of Regent Garner, seconded by Regent Cullum,
with all members voting aye, it was ordered that the
University administration be authorized to accept bids
for the work to raze East College Apartments and to accept
bids for the construction of parking lots on the site.
Source of Funds: Pledged Property Surplus
32
CONTRACT
RE-ROOFING SCIENCE BUILDING
CARNEY ROOFING COMPANY
33
AGREEMENT BETWEEN OWNER AND CONTRACTOR
THE STATE OF TEXAS
COUNTY OF NACOGDOCHES
KNOW ALL MEN BY THESE PRESENTS
AGREEMENT
Hundred and
BETWEEN THE OWNER: STEPHEN F. AUSTIN STATE UNIVERSITY,
NACOGDOCHES, TEXAS 75962, acting herein
through its Chairman
• AND THE CONTRACTOR: CARNEY ROOFING COMPANY, INC
P.O. BOX 631
NACOGDOCHES, TEXAS 75961
THE PROJECT: RE-ROOFING SCIENCE BUILDING
STEPHEN F . AUSTIN STATE UNIVERSITY
NACOGDOCHES, TEXAS
THE ARCHITECT: KENT-MARSELLOS-SCOTT,
ARCHITECTS-ENGINEERS
P.O. BOX 2309
LUFKIN, TEXAS 75901
The Owner and the Contractor agree as set forth below:
ARTICLE 1
THE CONTRACT DOCUMENTS
The Contract Documents consist of this Agreement, the Conditions of the Contract
(General, Supplementary and other Conditions), the Drawings, the Specifications,
all Addenda issued prior to and all Modifications issued after execution of this
Agreement. These form the Contract, and all are as fully a part of the Contract
as if attached to this Agreement or repeated herein. An enumeration of the
Contract Documents appears in Article 7.
ARTICLE 2
THE WORK '
The Contractor shall perform all the Work required by the Contract Documents
for RE-ROOFING SCIENCE BUILDING
STEPHEN F . AUSTIN STATE UNIVERSITY
NACOGDOCHES, TEXAS
ARTICLE 3
TIME OF COMMENCEMENT AND SUBSTANTIAL COMPLETION
The Work to be performed under this Contract shall be commenced on or before
a date to be specified in a written "Notice to Proceed" by the Owner and,
subject to authorized adjustments, Substantial Completion shall be achieved not
later than , 150 calender days thereafter.
-2-
35
The Contractor further agrees to pay as liquidated damages the sum of
TWO HUNDRED DOLLARS AND NO/100 ($200.00) per day for each consecutive
calendar day thereafter the work remains unfinished as specified in Paragraph
1.41 of "Supplementary Conditions11 and in "Proposal".
ARTICLE 4
CONTRACT SUM
The Owner shall pay the Contractor in current funds for the performance
of the Work, subject to additions and deductions by Change Order as provided
in the Contract Documents, the Contract Sum of TWO HUNDRED THREE THOUSAND,
TWO HUNDRED SIXTY FIVE AND NO/100 ($203,265.00)
out of funds available to the Owner for expenditure for the use and benefit
of Stephen F. Austin State: University from funds provided by Ad Velorum
Tax Funds.
The Contract Sum is determined as follows:
BASE BID $203,265.00
-3-
36
ARTICLE 5
PROGRESS PAYMENTS
Based upon AppHcations for Payment submitted to the Architect by the Contractor
and Certificates for Payment issued by the Architect, the Owner shall make
progress payments on account of the Contract Sum to the Contractor as pro
vided in the Contract Documents for the period ending the last day of the
month as follows:
Not later than Thirty days following the end of the period covered by the
Application for Payment Ninety Five percent (95%) of the portion of the Contract
Sum properly allocable to labor, materials and equipment incorporated in the
Work and Ninety Five percent (95%) of the portion of the Contract Sum properly
allocable to materials and equipment suitably stored at the site or at some other
location agreed upon in writing, for the period covered by the Application for
Payment, less the aggregate of previous payments made by the Owner; acid
upon Substantial Completion of the entire Work, a sum sufficient to increase
the total payments to Ninety Five (95%) of the Contract Sum, less such amounts
as the Architect shall determine for all incomplete Work and unsettled claims as
provided in the Contract Documents.
ARTICLE 6
FINAL PAYMENT
Final payment, constituting the entire unpaid balance of the Contract Sum,
shall be paid by the Owner to the Contractor thirty days after the Work has
been completed, the Contract fully performed, and a final Certificate for
Payment has been issued by the Architect.
37
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 SCIENCE BUILDING,
STEPHEN F. AUSTIN STATE UNIVERSITY, NACOGDOCHES, TEXAS"
Sheet and Section numbers as listed in Paragraph 1.1 of "Supplementary
Conditions" and the following:
1. Addendum No. 1, dated June 13, 1983, Pages 1-2
Addendum No. 2, dated August 4, 1983, Page 1
Addendum No. 3 dated August 8, 1983, Pages 1-2
Copies of which are attached hereto are a part of this contract.
2. This contract is to cover the General Contract work,
Plumbing, Heating & Air Conditioning and Electric work.
-5-
38
3. The said Drawings and each of all said Specifications and "General
Conditions" are made part of this Agreement for all intents and
purposes, provided that if anything in the said "General Conditions"
of the Contract is in conflict with this Agreement, this Agreement
shall control and govern.
4. The work called for and included in this Agreement is to be done
under the direction of the Architect above named and his determination
of the true meaning and proper construction of the Drawings and
Specifications shall be considered as final.
5. The Contractor shall pay premium for and furnish Performance
Bond and Payment Bond in amount of 100% of Contract Price;
on form to be furnished by Architect, with sureties acceptable
to the Owner, conditioned:
1 ) That Contractor shall faithfully perform his Contract and
fully indemnify and save Owner harmless from all costs
and damages which may be suffered by reason of failure
to do so, and fully reimburse and repay Owner all outlay
and expense which Owner may incur in making good any
default.
2.) That Contractor shall pay all persons who have con
tracts directly with Contractor for labor and materials
save which persons shall have a direct action against
Contractor and the surety on his bond, subject to
Owner's priority. _^
.' ' -6-
Surety Companies shall be on approved list of U. S. Treasury
Department of "Companies holding Certificates of Authority from
the Secretary of the Treasury under the Act of Congress Approved
July 30, 1957, as Acceptable Sureties on Federal Bonds" and within
the Underwriting limitations listed therein for any single risk.
Bond shall comply with requirements of all state laws; including
those of Article 5160 Revised Civil Statutes of Texas, 1925, as
amended by House Bill 344, Acts 56th legislature, Regular Session,
1959, effective April 27, 1959.
6. The Contractor shall effect', pay for and maintain during the
life of this Contract insurance acceptable to the Owner, conforming
to the following schedule:
a) Compensation and Employer's Liability Insurance:
As required by the laws of the State of Texas; Employer's
Liability Insurance, $500,000.00.
b) Comprehensive General Liability Insurance:
In an amount not less than $500,000.00 for injuries, including
personal injury or accidental death to any one person, and in
an amount not less than $500,000.00 on account of one occurrence;
Property Damage Insurance in an amount not less than $100,000.00.
Comprehensive Auto Liability:
Bodily Injury Liability
$250,000.00 - each person
$500,000.00 - each occurrence
Property Damage Liability
$100,000.00 - each occurrence
-7-
I
40
c) Include Broad Form Property Damage Insurance. Remove
"XCU11 Exclusions (Explosion, collapse, underground property
damage) . Include damage to underground wiring, conduits,
piping.
d) Contractual Liability Insurance: As applicable to the
Contractor's obligations under Paragraph 4.18 of "General
Conditions". The Contractor shall obtain at his expense
Owner's Protective Liability Insurance Policy naming the
Owner and the Architect/Engineer as insured with the following
limits:
1. Bodily Injury
$500,000.00 (each person)
$500,000.00 (each occurrence)
2. Property Damage
$300,000.00 (each occurrence)
e) Completed Operations: Continue coverage in force for
one year after completion of work.
f) Comprehensive Catastrophic Liability Insurance (Umbrella
Liability) $1,000,000.00.
g. Before commencement of operations hereunder, Con
tractor shall furnish to the Architect, photostatic copies
of the above mentioned insurance policies, together with
- a certificate from the insurance carrier that the insurance
-8-.
41
will not be cancelled or permitted to lapse until fifteen
(15) days written notice of said impending cancellation
has been given to the Owner.
1' Builder's Risk Insurance: The Owner shall provide Builder's Risk
Insurance (Fire, extended coverage, vandalism and malicious mischief)
as specified in Paragraph 1.6 of Specifications on a 100% completed value
basis in the names of the Contractor, Subcontractors, Owner and
Architect, as their interests appear.
The Owner will purchase and maintain such Steam Boiler Insurance
as may be required by the Contract Documents or by law. This insurance
shall include the interest of the Owner, the Contractor and Subcontractors
as their interests appear.
The Contractor shall complete the several portions and the whole
of the work called for under this Agreement and shall deliver said
improvements and premises, upon completion, to the Owner, free
and clear of all liens and claims for labor furnished or materials
used and other indebtedness whatsover.
8. For purposes of complying with the State of Texas Sales Tax,
the following is a division between labor and materials.
Labor 132,333.00
Materials 70,932.00
Total $ 203,265.00
-9-
42
Contractor hereby assigns to Owner any and all claims for overcharges
associated with this contract which arise under the antitrust laws of the
United States, 15 U.S.C.A. Sec. 1 et sec^. (1973).
-10-
43
IN WITNESS WHEREOF, the parties of these presents have eSc-ecuted
this Contract in four (4) counterparts, each of which shall be deemed
an original in the year and day first above mentioned.
SEAL BOARD OF REGENTS
STEPHEN F. AUSTIN STATE UNIVERSITY
By Bv. —^->>f/ / /-^^^x^-l
Chairman
CARNEY ROOFING COMPANY, INC
P.O. BOX 631
Address
SEAL
±A
SIEVE CARNEY-SECR.-VTJCEZPSEStB&n: R.L. CARfEY-PREgTDENT"
READ AND EXAMINED:
Secretary
Board of Regents , Stephen F . Austin State University
(1) Corporation name of Owner
(2) Title of authorized official
(3) Strike out inapplicable terms . Secretary of the Owner should
attest. If Contractor is corporation, Secretary should attest.
Give proper title of each person executing Contract.
44
PAYMENT BOND ^ N0' 01~mk 002651
(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 NACOGDCCKSS
KNOW ALL MEN BY THESE PRESENTS: That we
a ' ) Corpora-Hnn
of Nacogdoches, Texas hereinafter called Principal and
(3)_Balboa Insurance Company of Newport Beach ,
State, of California hereinafter called the Surety,
are held and firmly bound unto (4) BOARD OF REGENTS,
STEPHEN F. AUSTIN STATE UNIVERSITY
hereinafter called Owner, unto all persons, firms, and corpora
tions who may furnish materials for, or perform labor upon the
building or improvements hereinafter referred to in the penal sum
of Two Hmdred Three Thousand Two Hundred Sixty-Five and no/100
($ 203.265.nn i
in lawful money of the United States, t:o be paid in (5)
NACOGDOCHES COUNTY. TEXAS, £or the payTOent 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 ^ Own"e7 ~
45
-2-
dated the__26th____day of__se2terber _, A. D. , 19 83 ,
a copy of which is hereto attached and made a part hereof for the
construction of: Re-roofing Science Building, Stephen F. Austin
State University Carrpus, Nacogdoches, Texas
NOW THEREFORE, the condition of this obligation is
such that, if the Principal shall promptly make payment to all
claimants as defined in Article 5160 Revised Civil Statutes of
Texas, 1925, as amended by House Bill 344, Acts 56th Legislature,
Regular Session, 1959, effective April 27, 1959, supplying labor
and materials in the prosecution of the work provided for in said
Contract, then this obligation shall be null and void; otherwise,
it shall remain in full force and effect.
This bond is made and entered into solely for the pro
tection of all claimants supplying labor and materials in the pro
secution of the work provided for in said Contract, and all such
claimants shall have a direct right of action under the bond as
provide in Article 5160, Revised Civil Statutes, 1925, as
amended by House Bill 344, Acts 56th Legislature, Regular
Session, 1959. V
PROVIDED FURTHER, that if any legal action be
filed upon this bond, venue shall lie in Nacogdoches County.
State of Texas, and tliat the said Surety, for value received hereby
stipulates and agrees that no change, extension of time, alteration
or addition to the terms of the Contract or to the work to be per
formed thereunder or the Specifications accompanying the same
shall in any wise affect its obligation on this bond, and it does
hereby waive notice of any change, extension of time, alteration
or addition to the terms of the Contract or to the work or to the
Specifications.
PROVIDED FURTHER, that no final settlement
between the Owner and the Contractor shall abridge the right
of any beneficiary hereunder, whose claim may be unsatisfied.
46
-3-
IN WITNESS WHEREOF, this instrument is executed in six
counterparts, each one.of which shall be deemed an original, this the
26th _day of September
ATTEST:
CARNEY ROOFING CO., INC.
, A.D., 19 83
(Principal) Secretary
SEAL
Witness as to Principal
'/6o
Address
ATTEST:
BALBOA
Per Attached Power of Attorney BY
(Surety) Secretary
^INSURANCE COMPANY /
Surety
^ )
Attorney-in-Fact peggy g^i^
^
Witness as to Surety Attorney-in-fact
P.O. Box 590, Coricaiia, Texas
Address T" 75TTCT
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
47
BOSD SO. 01 KM 002551
PERFORMANCE BOND
(To be used in Texas as required bv Chernov 93 o-'
the Regular Session of the 56th Lc-gisi.vairL c: t1-:1";
THE STATE OF TEXAS
COUNTY OF NACOGDOCHES ^^
KNOW ALL MEN BY THESE PRESENTS: That we (\>
CARNEY ROOFING CO., INC.
hereinafter ^llccl
Principal and (3) Balboa Insurance Company • of
Newport Beach -. . :, ■
— . .—, 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 Two Hundred Thres Thousand
j?wo Hundred Sixty-Five and No/100-
' - DOLLARS ($ 203 265 00 i • i c ,
w ^uj^dd.uu __), m 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, administrator, and successors,
jointly and severally, firmly by these present:,.
"" THE CONDITION OF THIS OBLIGATION is such that
WhTreas, the Principal entered into a certain Contract with (6)
BOARD OF REGENTS^STEPHEN F, AUSTIN STATE UNIVERSITY,
the Owner, dated the 26th dav of fepterrbsr , ^
19_83, a copy of which is attached hereto and made a oa,-t hereof
for the construction of::
•V
48
- 2 -
RE-ROOFING SCIENCE BUILDING, STEPHEN F. AUSTIN, STATE UNIVERSITY CAMPUS '
(Herein called the "Work").
NOW, THEREFORE, if the Principal shall well, truly and
faithfully perform the work in accordance with the Plans, Speciiica^ons
and Contract Documents during the original term thereof, and any ex
tensions thereof which may be granted by the. Owner, with or v/iihoui
notice to the Surety, and, if he shall satisfy all claims and demancis
incurred under such Contract, and shall fully indemnify and save
harmless the Owner from all costs and damages which it may suffer by
reason of failure to do so, and shall reimburse and repay the Owner
all outlay and expense which the Owner may incur in making good any
default, then this obligation shall be void; otherwise to remain"in full'
force and effect.
NOW, THEREFORE, if the Principal shall repair any and
all defects in said work occasioned by and resulting from defects in
materials furnished by, or workmanship of the Principal in performing
the work covered by said Contract, occurring within a period of two"
,,(2) years from the date of the Contract Completion Certificate, then
this obligation shall be null and void, otherwise to remain in full
• force and effect.
PROVIDED FURTHER, That if any legal action be filed coon
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,
alterc.tion or addition to the terms of the Ccr.:r:,ct ov -;o the work to
be performed thereunder or the Specifications accompanying the sn3ie
shall in any wise affect its obligation of this bond, and it coes hereby
waive notice of any such change, extension 01 time, alteration o:- zc.zl-tioiTto
the terms of the Contract or-to the work or to the Soeci:ic:-ons .
PROVIDED, HOWEVER, That this bond is executed pursuam
to the provisions of Article 5160 of the Revised Civil Statutes o.: Tex:.:-
as amended by Acts of the 56th Legislature, 1959, and all liabili-:.,-•
on this bond shall be determined in accordance with tne ore vis:-or.-., o,'
said Article to the same extent as. if it were cotoied ai lenpth.
49
-3-
IN WITNESS WHEREOF, this instrument is executed in six
counterparts, each one of which shall be deemed an original, this the
-26th. .day of September
ATTEST:
, A.D., 19
-83-
Witness as to Principal
Address
ATTEST:
CARNEY ROOFING fTL
BY
BALl
AftrirhPrl Brt^r of
(Surety) Secretary
Principal
INSURANCE >ANY
Su/ety
Attbrhe'y-in-Fact Peggy Gill en
Witness as to Surety Attorney-in-Fact
P.O. .Box 590, Corsicana, Texas
Addfesl 75IHT
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
JKf^*SJ^#9^ Partnership, all partners should
CORSICANA
50
CHANGE ORDER NO. 1
MOTOR POOL BUILDING
■v
^CHANGE APPENDIX NO. 1
HDnCD D.stribut.on to: / 51
v/KUfcK owner
AIA DOCUMENT C701 CONTRACTOR g
FIELD □
___^ OTHER Q
PROJECT- Motor Pool Building ~ " " : " ~"
(name, address) Stephen F . Austin State University " °RDER NUMBER: °NE (1)
TO (Contractor): INITIATION DATE: 8/30/83
| —| ARCHITECT'S PROJECT NO: 4404
J. E. Kingham Construction Co. , Inc. CONTRACT FOR: General Contract Work
P.O. Box 632
LNacogdoches, Texas 75961 .
I CONTRACT DATE: 5/12/83
You are directed to make the following changes in this Contract:
See Attached Sheet (Add) + $112)850i00
Not valid until signed by both the Owner and Architect
Signature of the Contractor indicates his agreement herewith, including any adjustment in the Contract Sum or Contract Time.
The original (Contract: Sum) (Guaranteed Maximum Coot) was $ 464 620 00
Net change by previously authorized Change Orders $ '
The (Contract Sum) (guaranteed Maximum Cost) prior to this Change Order was '.'. $ 464 620 00
The (Contract Sum) (Guaranteed Maximum Coot) will be (increased) "*- + funrhinnod) '
by this Change Order "uuu> $ i12 850 00
The new (Contract Sum) (G.nnntnpH Hivimum Com) including this Change Order will be'.'.'.' $ 577*470 ' 00
The Contract Time will be (increased) (decreased) (unchanged) by ' ' ( ) D '
The Date of Substantial Completion as of the date of this Change Order therefore is ayS'
Authorized:
£tjinffarsH1n<'"Srntt' ?Tr1?it<artfi-J> E- Kingham Const. Co.. Inc ■ Stephen F. Austin Stat*
Lufldn, Texas 75901 ^ Nacogdoches. Texas 75961 Nacogdoches. Texas
8/30/83
AIA DOCUMENT C701 • CHANGE ORDER • APRIL 1978 EDITION • Ik® '• ft
THE AMERICAN INSTITITE OF ARCHITECTS. 1735 NEW YORK AVF N w wa^i^'tom n r%
52
CONTRACT CHANGES
MOTOR POOL BUILDING
STEPHEN F. AUSTIN STATE UNIVERSITY
Make the following changes as covered on drawings dated 8/29/83
on Sheets 4, 6, 8, S-l.
1. Add face brick in locations 1 thru 6 inclusive. + $ 43,355.00
2. Add fascia in locations 1 thru 4 inclusive. + 17,936.00
3. Add University sign as shown on Drawings Rl, R2,
R3 and 10-11/4. + 8,935.00
4. Add face brick on north wall of main building. + 10,847.00
5. Add fascia on four sides of tall building. + 21,106.00
6. Extra foundation cost. + 5,840.00
7. Metal siding on south wall of shed. + 4,431.00
8. Re-manifest on changed items because of
price changes. + 400.00
Total + 112,850.00
53
CHANGE ORDER NO. 1
PRIMARY ELECTRICAL EXTENSION PROJECT
CHANGE
ORDER
AIA DOCUMENT C701
Distribution to-
OWNER □
ARCHITECT □
CONTRACTOR □
FIELD □
OTHER
APPENDIX NO. 2
54
■»■!■■ ■■...,
PROJECT: Stephen F. Austin State University
(name, address) Nacogdoches, Texas
CHANGE ORDER NUMBER: i
INITIATION DATE: August 11, 1983
ARCHITECT'S PROJECT NO: 80095
TO (Contractor):
' Falcon Electric Co., Inc. |
P. 0. Box 872 CONTRACT FOR: ?T±mary Electrical
Addison, TX 75001 Extension
I | CONTRACT DATE:
You are directed to make the following changes in this Contract:
1. Add: Enlarged concrete pad at Transformer No. 1
2. Add: Duct between Pll-6 and substation
3. Delete: 18 padlocks furnished by Owner to Owner's key
4. Delete: Repair of TP&L Substation fence to be paid
directly by Owner (one half of cost)
5. Delete: Professional fees paid to Consulting Engineer
for services after 125% of contract time elapsed
(one half of cost)
Net Add
+ $2,578.00
+ A,028.00
300.00
900.00
- 4,044.00
$1,362.00
\<U \.<li(! unlii vii>neci b\ both the Ounei and Architect " " ~
S,£n.mi.v c»» tin- Contractor mdicatt* h,s a^re.moni health, including any adjustment in the Contract Sum or Contract Time.
The original (Contract Sum) (£mimQ^>^mJ^m6i^ was $ 189 050 00 "
Net change by previously authorized Change Orders s ' 0" 00
The (Contract Sum) *6u«SHtf«ck6ctawx>w^^ to this Change Order was . . ". $ 189 Q5o'oO
The (Contract Sum) XS^*H*^XHKtfra*X2mS will be (increased) ^^§^^^QP9^©W^
by this Change Order " ^^ $ 1 ^^ QQ
The new (Contract Sum) i&XK^K9ck^xrotwx£35xt) including this Change Order will be '.'' $ 190*412' 00
The Contract Time will be kccxKasRjikkteKoexsBd) (unchanged) by * / 0 D
jRiBDEa£ofJSSSi!iRCSIffiSJas of the date of this chan8e Order therefore is JulyJh7o;iz 1981
GIPSON WEIR INC. FALCON ELECTRIC CO., INC. STEPHeTI^ AUSTIN STATE UNIV
*208n - ww-vs* »> Ma°^EZ7^r^^
Address Address
Port yorth, TX 76113 Addison, TX 75001
DATE August 11, 198LV ^^Zl 9-^i S^ ^ DATE / /-/ <P g
AIA DOCUMtNT C701 • CHANCE ORDER • APRIL VFH EDITION • AIA* • €1978 ' "
THE AMFRICAN INSTITUTE Of ARCHITECTS, 17i"> NEW YORK AVE.. N.W., WASHINGTON. D.C^OOOf, C701 — 1978
55
CHANGE ORDER NO. 4
CHEMISTRY BUILDING REFRIGERATION MACHINE PROJECT
CHANGE
ORDER Swr°nt0: D.
A,A DOCUMENT C707 CONTACTOR g
FIELD □
OTHER □
NUMBER: 4 «d Final
TO (Contractor): INITIATION DATE: September 12, 1983
f~~ 1 ARCHITECT'S PROJECT-NO: 82108.00
P^T'box^IS CONTRACT FOR; Chemistry Bldg. Ref.
Lufkin, TX 75901 Machine, Stephen F. Austin State Univ.
I ^_J CONTRACT DATE: January 25, 1983
You are directed to make the following changes in this Contract:
1. install conduit & wire for air handling unit in $ 149 00
telephone equipment room. * 149.00
2. Remove existing condenser water pump, cake to motor shop
to tag windings, re-install and align coupling. 256.00
and°re-fnstall?r ^ ^^ "°' "' ***** f°r 46° V°ltS
Jo^I^T fr°! hOt Water Pump for Rusk B"ilding, rewind
for 460 volts and re-install. 500 00
5. Remove motor from #2 condensate return pump and replace 369 00
with new motor rated for 460 volts. u
6. Remove motor from #1 condensate return pump and replace 511 on
with new motor rated for 460 volts. ->-lj-.uu
$2,488.00
Not valid until signed by both the Owner and Architect. " " ~~
Signature ol the Contractor indicates his agreement herewith, including any adjustment in the Contract Sum or Contract Time.
The original (Contract Sum) G§X!XX!X}gs£]£^^ was $ 2Q6 280 00
Net change by previously authorized Change Orders 5 23 * 657 * 55
The (Contract Sum) (0<XiXM23ffi^^^ prior to this Change'Order'was' '.'."!!!!!!$ 319*937 55
1 ne ivontraci oumj lv^uA3?ubu^iieJUWuiOaAi^ wn hp inrrp.^pH^ ^fWYiViV^^vv.VAPKv^v^flv
by this Change Order * « aqq on
The new (Contract Sum) (QiXKJSffiXXKMiMKXEiSXtX $ 322*425*55
The Contract Time will be KKSQCKXito&)aei3e& (unchanged) by ' (' 0' ) Days'
mS^oi^SS!)ERCSSSas of the date of this chan8e Order therefore is August 15'1983
/\ LA t h f) 1*17^fi *
GIPSON WEIR INC. SUMNERS, INC. STEPHEN F. AUSTIN STATE UNIV.
vJRCHITECT «non CONTRACTOR OWNER " ~ JL Z^' B°X m N^o^oches, TX 75962
Fort Worth, TX 76113 Lufkin, TX 75901
sv
DATE y//y/r 3 ^V DATE ?//^A DATE / / -
AIA DOCUMtNT C701 • CHANCE ORDER • APRIL 197a EDITION '• Al^ i © 197<'J
THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W.. WASHINGTON, D.C. 2000T, G701 — 1978
57
CONTRACT
INFORMATION BOOTH
T. G. EVANS CONSTRUCTION COMPANY
58
AGREEMENT BETWEEN OWNER AND CONTRACTOR
THE STATE OF TEXAS
KNOW ALL MEN BY THESE PRESENTS
COUNTY OF NACOGDOCHES
AGREEMENT
Made as of the Twenty Seventh day of October in the year of Nineteen Hundred and
Eighty Three
BETWEEN THE OWNER: STEPHEN F . AUSTIN STATE UNIVERSITY,
NACOGDOCHES, TEXAS 75962, acting herein
through its Chairman
AND THE CONTRACTOR: T . G. EVANS COMPANY
P.O. BOX 763
NACOGDOCHES, TEXAS
THE PROJECT: INFORMATION BOOTH
STEPHEN F. AUSTIN STATE UNIVERSITY
NACOGDOCHES, TEXAS
THE ARCHITECT: KENT-MARSELLOS-SCOTT ,
ARC HITECTS-ENGINEERS
P.O. BOX 2309
LUFKIN, TEXAS 75901
The Owner and the Contractor agree as set forth below:
59
ARTICLE 1
THE CONTRACT DOCUMENTS
The Contract Documents consist of this Agreement, the Conditions of the Contract
(General, Supplementary and other Conditions), the Drawings, the Specifications,
all Addenda issued prior to and all Modifications issued after execution of this
Agreement. These form the Contract, and all are as fully a part of the Contract
as if attached to this Agreement or repeated herein. An enumeration of the
Contract Documents appears in Article 7.
ARTICLE 2
THE WORK
The Contractor shall perform all the Work required by the Contract Documents
for INFORMATION BOOTH
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 90 calendar days thereafter.
-2-
60
The Contractor further agrees to pay as liquidated damages the sum of
ONE HUNDRED DOLLARS AND NO/100 ($100.00) per day for each consecutive
calendar day thereafter the work remains unfinished as specified in Paragraph
1.41 of "Supplementary Conditions" and in "Proposal" .
ARTICLE 4
CONTRACT SUM
The Owner shall pay the Contractor in cxirrent 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 TWENTY THREE THOUSAND
FIVE HUNDRED SIXTY SEVEN AND NO/100 9 ($23,567.00)
out of funds available to the Owner for eicpenditure for the use and benefit
of Stephen F. Austin State University frcm funds provided by Ad Velorum
Tax Funds.
The Contract Sum is determined as follows:
BASE BID $23,567.00
-3-
61
ARTICLE 5
PROGRESS PAYMENTS
Based upon Applications for Payment submitted to the Architect by the Contractor
and Certificates for Payment issued by the Architect, the Owner shall make
progress payments on account of the Contract Sum to the Contractor as pro
vided in the Contract Documents for the period ending the last day of the
month as follows:
Not later than Thirty days following the end of the period covered by the
Application for Payment Ninety Five percent (95%) of the portion of the Contract
Sum properly allocable to labor, materials and equipment incorporated in the
Work and Ninety Five percent (95%) of the portion of the Contract Sum properly
allocable to materials and equipment suitably stored at the site or at some other
location agreed upon in writing, for the period covered by the Application for
Payment, less the aggregate of previous payments made by the Owner; and
upon Substantial Completion of the entire Work, a sum sufficient to increase
the total payments to Ninety Five (95%) of the Contract Sum, less such amounts
as the Architect shall determine for all incomplete Work and unsettled claims as
provided in the Contract Documents.
ARTICLE 6
FINAL PAYMENT
Final payment, constituting the entire unpaid balance of the Contract Sum,
shall be paid by the Owner to the Contractor thirty days after the Work has
been completed, the Contract fully performed, and a final Certificate for
Payment has been issued by the Architect.
62
ARTICLE 7
MISCELLANEOUS PROVISIONS
7.1 Terms used in this Agreement which are defined in the Conditions of the
Contract shall have the meanings designated in those conditions.
7.2 The Contract Documents, which constitute the entire agreement between
the Owner and the Contractor, are listed in Article 1 and, except for
Modifications issued after execution of this Agreement, are enumerated
as follows:
Drawings and Specifications entitled "INFORMATION BOOTH,
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 October 10, 1983, Page 1
Addendum No. 2, dated October 21, 1983, Pag-s 1
Copies of which are attached hereto are a part of this contract.
2 . This contract is to cover the General Contract work,
Mechanical and Electric work, complete.
-5-
63
3. The said Drawings and each of all said Specifications and "General
Conditions" are made part of this Agreement for all intents and
purposes, provided that if anything in the said "General Conditions"
of the Contract is in conflict with this Agreement, this Agreement
shall control and govern.
4. The work called for and included in this Agreement is to be done
under the direction of the Architect above named and his determination
of the true meaning and proper construction of the Drawings and
Specifications shall be considered as final.
5. The Contractor shall pay premium for and furnish Performance
Bond and Payment Bond in amount of 100% of Contract Price;
on form to be furnished by Architect, with sureties acceptable
to the Owner, conditioned:
1.) That Contractor shall faithfully perform his Contract and
fully indemnify and save Owner harmless from all costs
and damages which may be suffered by reason of failure
to do so, and fully reimburse and repay Owner all outlay
and expense which Owner may incur in making good any
default.
2.) That Contractor shall pay all persons who have con
tracts directly with Contractor for labor and materials
save which persons shall have a direct action against
Contractor and the surety on his bond, subject to
Owner's priority.
-6-
64
Surety Companies shall be on approved list of U. S, Treasury
Department of "Companies holding Certificates of Authority from
the Secretary of the Treasury under the Act of Congress Approved
July 30, 1957, as Acceptable Sureties on Federal Bonds" and within
the Underwriting limitations listed therein for any single risk.
Bond shall comply with requirements of all state laws; including
those of Article 5160 Revised Civil Statutes of Texas, 1925, as
amended by House Bill 344, Acts 56th legislature, Regular Session,
1959, effective April 27, 1959.
6. The Contractor shall effect, pay for and maintain during the
life of this Contract insurance acceptable to the Owner, conforming
to the following schedule:
a) Compensation and Employer's Liability Insurance:
As required by the laws of the State of Texas; Employer's
Liability Insurance, $500,000.00.
b) Comprehensive General Liability Insurance:
In an amount not less than $500,000.00 for injuries, including
personal injury or accidental death to any one person, and in
an amount not less than $500,000.00 on account of one occurrence;
Property Damage Insurance in an amount not less than $100,000.00,
Comprehensive Auto Liability:
Bodily Injury Liability
$250,000.00 - each person
$500,000.00 - each occurrence
Property Damape LiahJiity
$100,000.00 - each occurrence
-7-
65
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 following
limits:
1. Bodily Injury
$500,000.00 (each person)
$500,000.00 (each occurrence)
2. Property Damage
$300,000.00 (each occurrence)
e) Completed Operations: Continue coverage in force for
- one year after completion of work.
f) Comprehensive Catastrophic Liability Insurance (Umbrella
Liability) $1,000,000.00.
g- Before commencement of operations hereunder, Con
tractor shall furnish to the Architect, photostatic copies
of the above mentioned insurance policies, together with
a certificate from the insurance carrier that the insurance
-8- ' '
66
will not be cancelled or permitted to lapse until fifteen
(15) days written notice of said impending cancellation
has been given to the Owner.
7. Builder's Risk Insurance: The Owner shall provide Builder's Risk
Insurance (Fire, extended coverage, vandalism and malicious mischief)
as specified in Paragraph 1.6 of Specifications on a 100% completed value
basis in the names of the Contractor, Subcontractors, Owner and
Architect, as their interests appear.
The Owner will purchase and maintain such Steam Boiler Insurance
as may be required by the Contract Documents or by law. This insurance
shall include the interest of the Owner, the Contractor and Subcontractors
as their interests appear.
The Contractor shall complete the several portions and the whole
of the work called for under this Agreement and shall deliver said
improvements and premises, upon completion, to the Owner, free
and clear of all liens and claims for labor furnished or materials
used and other indebtedness whatsover.
8. For purposes of complying with the State of Texas Sales Tax,
the following is a division between labor and materials.
Labor
Materials
Total $23,567.00
-9-
67
Contractor hereby assigns to Owner any and all claims for overcharges
associated with this contract which arise under the antitrust laws of the
United-States, 15U.S.C.A. Sec. 1 et seq . (1973).
-10-
68
IN WITNESS WHEREOF, the parties of these presents have ex
ecuted this Contract in four (4) counterparts, each of which shall be deemed
an original in the year and day first above mentioned.
SEAL- BOARD OF REGENTS
STEPHEN F . AUSTIN STATE UNIVERSITY
Chairman
SEAL
T . G. EVANS COMPANY
P.O. BOX 763
NACOGDOCHES, TEXAS 75961
Address
INED:
Secretary
B6a>ti of Regfents, Stephen F . Austin State University
(1) Corporation name of Owner
(2) Title of authorized official
(3) Strike out inapplicable terms . Secretary of the Owner should
attest. If Contractor is corporation, Secretary should attest.
Give proper title of each person executing Contract.
69
PERFORMANCE BOND
(To be used in Texas as required by Chapter 93 of
the Regular Session of the 56th Legislature of Texas)
THE STATE OF TEXAS
COUNTY OF NACOGDOCHES
KNOW ALL MEN BY THESE PRESENTS: That we (j)
T. G. Evans DBA T, G, Evans Company, an individual
of (2) Nacogdoches, Texas , . ,t ., ,
— - 1 , hereinafter called
Principal and (3) United States Fidelity and Guaranty of
Baltimore state of Maryland
hereinafter called the Surety, are held and firmly bound into (4)
BOARD OF REGENTS. STEPHEN F, AUSTIN STATS UNIVERSITY
hereinafter called Owner, in the penal sum of
Twenty-Three Thousand Five Hundred Sixty Seven and no/100
DOLLARS ($ 23,567,00 >, to lawful money of ^
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 27th da of October A n
■~"—"——————-— J y i\ . JJ . ,
1983_, a copy of which is attached hereto and made a part hereof
for the construction of:: Information Booth - Stephen F. Austin State
University - Nacogdoches, Texas
70
- 2 -
(Herein called the "Work").
NOW, THEREFORE, if the Principal shall well, truly and
faithfully perform the work in accordance with the Plans, Specifications
and Contract Documents during the original term thereof, and any ex
tensions thereof which may be granted by the Owner, with or without
notice to the Surety, and, if he shall satisfy all claims and demands
incurred under such. Contract, and shall fully indemnify and save
harmless the Owner from all costs and damages which it may suffer by
reason of failure to do so, and shall reimburse and repay the Owner
all outlay and expense which the Owner may incur in making good any
default, then this obligation shall be void; otherwise to remain in full
force and effect.
NOW, THEREFORE, if the Principal shall repair any and
all defects in said work occasioned by and resulting from defects in
materials furnished by, or workmanship of the Principal in performing
the work covered by said Contract, occurring within a period of two
(2) years from the date of the Contract Completion Certificate, then
this obligation shall be null and void, otherwise to remain in full
force and effect.
PROVIDED FURTHER, That if any legal action be filed upon
this bond venue shall lie in Nacogdoches
County, State of Texas and that the said Surety, for value received
hereby stipulates and agrees that no change, extension of time,
alteration or addition to the terms of the Contract or to the work to
be performed thereunder or the Specifications accompanying the same
shall in any wise affect its obligation of this bond, and it does hereby
waive notice of any such change, extension of time, alteration or addi
tion to the terms of the Contract or to the work or to the Specifications.
PROVIDED, HOWEVER, That this bond is executed pursuant
to the provisions of Article 5160 of the Revised Civil Statutes of Texas
as amended by Acts of the 56th Legislature, 1959, and all liabilities
on this bond shall be determined in accordance with the provisions of
said Article to the same extent as if it were copied at length.
71
-3-
IN WITNESS WHEREOF, this instrument is executed in six
counterparts, each one of which shall be deemed an original, this the
27th day of October , A.D., 1983
ATTEST:
T. G. Evans DBA T. 6. Evans Company
Principal
(Principal) Secretary
SEAL
Witness as to Principal
Address
ATTEST:
Surety) Secretary
Witness alg to Surety
Address
United States Fidelity and Guaranty
Surety
Attorney-in-Fact Gary Willis
Oduf
, *•%-
NOTE: Date of Bond must not be prior to date of Contract.
(1) Correct name of Contractor
(2) A Corporation, A Partnership or an Individual,
as case may be.
(3) Correct name of Surety
(4) Correct name of Owner
(5) County or Parish and State
(6) Owner
(7) If Contractor is Partnership, all partners should
execute bond.
PAYMENT BOND 72
(To be used in Texas as required by Chapter 93 of
the Regular Session of the 56th Legislature of Texas)
THE STATE OF TEXAS
COUNTY OF NACO5DCCKES
KNOW ALL MEN 3Y THESE PRESENTS: That we
(1) T. G. Evans DBA T. G. Evans Company
a (2) Individual
of Nacogdoches, Texas hereinafter called Principal and
(3United States Fidelity and Guaranty^ Baltimore t
State of Maryland hereinafter called the Surety,
are held and firmly bound unto (4) Z.CARD CF REGENTS,
STEPHEN F, AUSTIN STATE UNIVERSITY
hereinafter called Owner, unto all persons, firms, and corpora
tions who may furnish materials for, or perform labor upon the
building or improvements hereinafter referred to in the penal sum
of Twenty-Three Thousand five Hundred Sixty Seyen and no/100
_DOLLARS ($ 23,567.00 )
in lawful money of the United States, to be paid in (5) Nacogdoches '
NACOGDOCHES COUNTY, TEXAS . for the payment of which.sum
well and truly to be made, we bind ourselves, our heirs,
executors, administrators and successors, jointly and severally,
firmly by these presents.
THE CONDITION OF THIS OBLIGATION is such
that Whereas, the Principal entered into a certain contract with
(6) BOARD OF REGENTS, STEPHEN F. AUSTIN STATE
UNIVERSITY , the Owner, '
73
-2-
dated the 27th day of October
a copy of which is hereto attached and made a part hereof for the
construction of: Information Booth - Stephen F. Austin State University
Nacogdoches, Texas
NOW THEREFORE, the condition of this obligation is
such that, if the Principal shall promptly make payment to all
claimants as defined in Article 5160 Revised Civil Statutes of
Texas, 1925, as amended by House Bill 344, Acts 56th Legislature,
Regular Session, 1959, effective April 27, 1959, supplying labor
and materials in the prosecution of the work provided for in said
Contract, then this obligation shall be null and void; otherwise,
it shall remain in full force and effect.
This bond is made and entered into solely for the pro
tection of all claimants supplying labor and materials in the pro
secution of the work provided for in said Contract, and all such
claimants shall have a direct right of action under the bond as
provide in Article 5160, Revised Civil Statutes, 1925, as
amended by House Bill 344, Acts 56th Legislature, Regular
Session, 1959.
PROVIDED FURTHER, that if any legal action be
filed upon this bond, venue shall lie in Nacogdoches County
State of Texas, and that the said Surety, for value received hereby
stipulates and agrees; that no change, extension of time, alteration
or addition to the terms of the Contract or to the work to be per
formed thereunder or the Specifications accompanying the same
shall in any wise affect its obligation on this bond, and it does
hereby waive notice of any change, extension of time, alteration
or addition to the terms of the Contract or to the work or to the
Specifications.
PROVIDED FURTHER, that no final settlement
between the Owner and the Contractor shall abridge the right
of any beneficiary hereunder, whose claim may be unsatisfied
74
-3-
IN WITNESS WHEREOF, this instrument is executed in six
:ounterparts, each one of which shall be deemed an original, this the
27th day of October , A.D., 1983
ATTEST:
(Principal) Secretary
SEAL
Witness as to Principal
Address
ATTEST:
(^urety) Secretary
Witness as^to Surety
Address
United States Fidelity and Guaranty
Surety
Attorney-in-Fict Gary Willis
NOTE: Date of Bond must not be prior to date of Contract.
(1) Correct name of Contractor
(2) A Corporation, A Partnership or an Individual,
as case may be.
(3) Correct name of Surety
(4) Correct name of Owner
(5) County or Parish and State
(6) Owner
(7) If Contractor is Partnership, all partners should
execute bond.
CONTRACT
ARCHITECTURAL SERVICES
KENT-MARSELLOS-SCOTT
75
76
CONTRACT FOR ARCHITECTURAL SERVICES
CITY OF NACOGDOCHES $
THE STATE OF TEXAS J
COUNTY OF NACOGDOCHES I
THIS AGREEMENT made as of the First day of November in
the year Nineteen Hundred and Eighty Three and between the BOARD OF
REGENTS STEPHEN F. AUSTIN STATE UNIVERSITY, NACOGDOCHES,
TEXAS acting herein by and through its President, hereinafter called the Owner,
and KENT-MARSELLOS-SCOTT, ARCHITECTS-ENGINEERS, Lufkin, Texas
hereinafter called the Architect for the following project:
DORMITORY 1984
The Owner and the Architect agree as set forth below.
NOW, THEREFORE, the Owner and the Architect for the considerations
hereinafter set forth agree as follows:
I. The Architect Shall provide professional services for the Project in
accordance with the Terms and Conditions of this Agreement.
II. The Owner shall compensate the Architect in accordance with the
Terms and Conditions of this Agreement as stated in Article 14.
All such payments and every payment herein provided shall be
from Pledged Property Surplus
and other funds available to the Owner for expenditure for the use
and benefit of Stephen F. Austin State University.
III. The Architect and the Owner further agree to the following Terms
and Conditions:
77
ARTICLE 1
ARCHITECT'S SERVICES AND RESPONSIBILITIES
BASIC SERVICES
The Architect's Basic Services consist of the five phases described
in Paragraphs 1.1 through 1.5 and include normal structural,
mechanical and electrical engineering services and any other services
included in Article 15 as part of Basic Services.
1.1 SCHEMATIC DESIGN PHASE
1.1.1 The Architect shall review the program furnished by the Owner to
ascertain the requirements of the Project and shall review the under
standing of such requirements with the Owner.
-2-
78
1.1.2 The Architect shall provide a preliminary evaluation of the program
and the Project budget requirements, each in terms of the other,
subject to the limitations set forth in Subparagraph 3.2.1.
1.1.3 The Architect shall review with the Owner alternative approaches to
design and construction of the Project.
1.1.4 Based on the mutually agreed upon program and Project budget re
quirements, the Architect shall prepare, for approval by the Owner,
Schematic Design Documents consisting of drawings and other documents
illustrating the scale and relationship of Project components.
1.1.5 The Architect shall submit to the Owner a Statement of Probable Con
struction Cost based on current area, volume or other unit costs.
1.2 DESIGN DEVELOPMENT PHASE
1.2.1 Based on the approved Schematic Design Documents and any adjust
ments authorized by the Owner in the program or Project budget, the
Architect shall prepare, for approval by the Owner, Design Development
Documents consisting of drawings and other documents to fix and describe
the size and character of the entire Project as to architectural, structural,
mechanical and electrical systems, materials and such other elements
as may be appropriate.
1.2.2 The Architect shall submit to the Owner a further Statement of Probable
Construction Cost.
1.3 CONSTRUCTION DOCUMENTS PHASE
1.3.1 Based on the approved Design Development Documents and any further
adjustments in the scope of quality of the Project or in the Project budget
79
authorized by the Owner, the Architect shall prepare, for approval by
the Owner, Construction Documents consisting of Drawings and Specifi
cations setting forth in detail the requirements for the construction of
the Project.
1.3.2 The Architect shall assist the Owner in the preparation of the necessary
bidding forms, the Conditions of the Contract, and the form of the Agree
ment between the Owner and the Contractor.
1.3.3 The Architect shall advise the Owner of any adjustments to previous
Statements of Probable Construction Cost indicated by changes in re
quirements or general market conditions.
1.3.4 The Architect shall assist the Owner in connection with the Owner's
responsibility for filing documents required for the approval of
government authorities having jurisdiction over the Project.
1.4 BIDDING OR NEGOTIATION PHASE
1.4.1 The Architect, following the Owner's approval of the Construction
Documents and of the latest Statement of Probable Construction Cost,
shall assist the Owner in obtaining bids or negotiated proposals, and
assist in awarding and preparing contracts for construction.
1.5 CONSTRUCTION PHASE—ADMINISTRATION OF THE CONSTRUCTION
CONTRACT
1.5.1 The Construction Phase will commence with the award of the Contract
for Construction and, together with the Architect's obligation to provide
Basic Services under this Agreement, will terminate when final payment
to the Contractor is due, or in the absence of a final Certificate for
-4-
80
Payment or of such due date, sixty days after the Date of Substantial
Completion of the Work, whichever occurs first.
1.5.2 Unless otherwise provided in this Agreement and incorporated in the
Contract Documents, the Architect shall provide administration of the
Contract for Construction as set forth below and in the edition of ALA
Document A201, General Conditions of the Contract for Construction,
current as of the date of this Agreement.
1.5.3 The Architect shall be a representative of the Owner during the Construc
tion Phase, and shall advise and consult with the Owner. Instructions
to the Contractor shall be forwarded through the Architect. The Architect
shall have authority to act on behalf of the Owner only to the extent pro
vided in the Contract Documents unless otherwise modified by written
instrument in accordance with Subparagraph 1.5.16.
1.5.4 The Architect shall visit the site at intervals appropriate to the stage of
construction or as otherwise agreed by the Architect in writing to become
generally familiar with the progress and quality of the Work and to determine
in general if the Work is proceeding in accordance with the Contract
Documents.. Hpwever, the Architect shall not be required to make
exhaustive or continuous on-site inspections to check the quality or
quantity of the Work. On the basis of such on-sits observations as an
Architect, the Architect shall keep the Owner informed of the progress
and quality of the work, and shall endeavor to guard the Owner against
defects and deficiencies in the Work of the Contractor.
-5-
81
1.5.5 The Architect shall not have control or charge of and shall not be
responsible for construction means, methods, techniques, sequences
or procedures, or for safety precautions and programs in connection
with the Work, for the acts or omissions of the Contractor, Subcon
tractors or any other persons performing any of the Work, or for the
failure of any of them to carry out the Work in accordance with the
Contract Documents.
1.5.6 The Architect shall at all times have access to the Work wherever it is
in preparation or progress .
1.5.7 The Architect shall determine the amounts owing to the Contractor
based on observations at the site and on evaluations of the Contractor's
Applications for Payment, and shall issue Certificates for Payment in
such amounts, as provided in the Contract Documents.
1.5.8 The issuance of a Certificate for Payment shall constitute a representation
by the Architect to the Owner, based on the Architect's observations at
the site as provided in Subparagraph 1.5.4 and on the data comprising
the Contractor's Application for Payment, that the Work has progressed
to the point indicated; that, to the best of the Architect's knowledge,
information, and belief, the quality of the Work is in accordance with
the Contract Documents (subject to an evaluation of the Work for conformance
with the Contract Documents upon Substantial Completion, to the results
of any subsequent tests required by or performed under the Contract
Documents, to minor deviations from the Contract Documents correctable
82
prior to completion, and to any specific qualifications stated in the
Certificate for Payment); and that the Contractor is entitled to
payment in the amount certified. However, the issuance of a
Certificate for Payment shall not be a representation that the Architect
has made any examination to ascertain how and for what purpose
the Contractor has used the moneys paid on account of the Contract
Sum.
1.5.9 The Architect shall be the interpreter of the requirements of the Contract
Documents and the judge of the performance thereunder by both the
Owner and Contractor. The Architect shall render interpretations
necessary for the proper execution or progress of the Work with reasonable
promptness on written request of either the Owner or the Contractor,
and shall render written decisions, within a reasonable time, on all
claims, disputes and other matters in question between the Owner and
the Contractor relating to the execution or progress of the Work or the
interpretation of the Contract Documents.
1.5.10 Interpretations and decisions of the Architect shall be consistent with
the intent of and reasonably inferable from the Contract Documents and
shall be in written or graphic form. In the capacity of interpreter and
judge, the Architect shall endeavor to secure faithful performance by
any interpretation or decision rendered in good faith in such capacity.
1.5.11 The Architect's decisions in matters relating to artistic effect shall be
final if consistent with the intent of the Contract Documents. The
-7-
83
Architects decisions on any other claims, disputes or other matters, includ
ing those in question between the Owner and the Contractor, shall be
subject to arbitration as provided in this Agreement and in the Contract
Documents.
1.5.12 The Architect shall have authority to reject Work which does not
conform to the Contract Documents. Whenever, in the Architect's
reasonable opinion, it is necessary or advisable for the implementation
of the intent of the Contract Documents, the Architect will have author
ity to require special inspection or testing of the Work in accordance
with the provision of the Contract Document, whether or not such Work
be then fabricated, installed or completed.
1.5.13 The Architect shall review and approve or take other appropriate action
upon the Contractor's submittals such as Shop Drawings, Product Data
and Samples, but only for conformance with the design concept of the
Work and with the information given in the Contract Documents, Such
action shall be taken with reasonable promptness so as to cause no delay.
The Architect's approval of a specific item shall not indicate approval of
an assembly of which the item is a component.
1.5.14 The Architect shall prepare Change Orders for the Owner's approval
and execution in accordance with the Contract Documents, and shall have
authority to order minor changes in the Work not involving an adjustment
in the Contract Sum or an extension of the Contract Time which are not
inconsistent with the intent of the Contract Documents.
-8-
84
1.5.15 The Architect shall conduct inspections to determine the Dates of
Substantial Completion and final completion, shall receive and forward
to the Owner for the Owner's review written warranties and related
documents required by the Contract Documents and assembled by
the Contractor, and shall issue a final Certificate for Payment.
1.5.16 The extent of the duties, responsibilities and limitations of authority
of the Architect as the Owner's representative during construction
shall not be modified or extended without written consent of the
Owner, the Contractor and the Architect.
1.6 PROJECT REPRESENTATION BEYOND BASIC SERVICES
1.6.1 If the Owner and Architect agree that more extensive representation
at the site than is described in Paragraph 1.5 shall be provided, the
Architect shall provide one or more Project Representatives tc assist
the Architect in carrying out such responsibilities at the site.
1.6.2 Such Project Representatives shall be selected, employed and directed .
by the Architect, and the Architect shall be compensated therefor as
mutually agreed between the Owner and the Architect as set forth in an
exhibit appended to this Agreement, which shall describe the duties,
responsibilities and limitations of authority of such Project Representatives,
1.6.3 Through the observations by such Project Representatives, the Architect
shall endeavor to provide further protection for the Owner against defects
and deficiencies in the Work, but the furnishing of such project representa
tion shall not modify the rights, responsibilities or obligations of the
Architect as described in Paragraph 1,5.
-9-
85
1.7 ADDITIONAL SERVICES
The following Services are not included in Basic Services unless so
identified in Article 15. They shall be provided if authorized or con
firmed in writing by the Owner, and they shall be paid for by the
Owner as provided in this Agreement, in addition to the compensation
for Basic Services.
1.7.1 Providing analyses of the Owner's needs, and programming the re
quirements of the Project.
1.7.2 Providing financial feasibility or other special studies.
1.7.3 Providing planning surveys, site evaluations, environmental studies
or comparative studies of prospective sites, and preparing special
surveys, studies and submissions required for approvals of govern
mental authorities or others having jurisdiction over the Project.
1.7.4 Providing services relative to future facilties, systems and equipment
which are not intended to be constructed during the Construction Phase.
1.7.5 Providing services to investigate existing conditions or facilities or to
make measured drawings thereof, or to verify the accuracy of drawings
or other information furnished by the Owner.
1.7.6 Preparing documents of alternate, separate or sequential bids or pro
viding extra services in connection with bidding, negotiation or con
struction prior to the completion of the Construction Documents Phase,
when requested by the Owner.
-10-
86
1.7.7 Providing coordination of Work performed by separate contractors
or by the Owner's own forces.
1.7.8 m Providing services in connection with the work of a construction
manager or separate consultants retained by the Owner.
1.7.9 Providing Detailed Estimates of Construction Cost, analyses of owning
and operating costs, or detailed quantity surveys or inventories of
material, equipment and labor.
1.7.10 Providing interior design and other similar services required for or in
connection with the selection, procurement or installation of furniture,
furnishings and related equipment.
1.7.11 Providing services for planning tenant or rental spaces.
1.7.12 Making revisions in Drawings, Specifications or other documents when
such revisions are inconsistent with written approvals or instructions
previously given, are required by the enactment or revision of codes,
laws or regulations subsequent to the preparation of such documents
or are due to other causes not solely within the control of the Architect.
1.7.13 Preparing Drawings, Specifications and supporting data and providing
other services in connection with Change Orders to the extent that the
adjustment in the Basic Compensation resulting from the adjusted Con
struction Cost is not commensurate with the services required of the
Architect, provided such Change Orders are required by causes not
solely within the control of the Architect.
87
1.7.14 Making investigations, surveys, valuations, inventories or detailed
appraisals of existing facilities, and services required in connection
with construction performed by the Owner.
1.7.15 Providing consultation concerning replacement of any Work damaged
by fire or other cause during construction, and furnishing services as
may be required in connection with the replacement of such Work.
1.7.16 Providing services made necessary by the default of the Contractor,
or by major defects or deficiencies in the Work of the Contractor, or by
failure of performance of either the Owner pr Contractor under the Contract
for Construction.
1.7.17 Preparing a set of reproducible record drawings showing significant
changes in the Work made during construction based on marked-up
prints, drawings and other data furnished by the Contractor to the
Architect.
1.7.18 Providing extensive assistance in the utilization of any equipment or
system such as initial start-up or testing, adjusting and balancing, pre
paration of operation and maintenance manuals, training personnel for
operation and maintenance, and consultation during operation.
1.7.19 Providing services after issuance to the Owner of the final Certificate
for Payment, or in the absence of a final Certificate for Payment, more
than sixty days after the Date of Substantial Completion of the Work.
1.7.20 Preparing to serve or serving as an expert witness in connection with
any public hearing, arbitration proceeding or legal proceeding.
-12-
88
1.7.21 Providing services of consultants for other than the normal architectural,
structural, mechanical and electrical engineering services for the Project.
1.7.22 Providing any other services not otherwise included in this Agreement
or not customarily furnished in accordance with generally accepted
architectural practice.
ARTICLE ?.
THE OWNER"S RESPONSIBILITIES
2 • 1 The Owner shall provide full information regarding requirements for
the Project including a program, which shall set forth the Owner's design
objectives, constraints and criteria, including space requirements and
relationships, flexibility and expandability, special equipment and
systems and site requirements .
2.2 If the Owner provides a budget for the Project it shall include contingen
cies for bidding, changes in the Work during construction, and other
costs which are the responsibility of the Owner, including those des
cribed in this Article 2 and in Subparagraph 3 .1.2. The Owner shall,
at the request of the Architect, provide a statement of funds available
for the Project, and their source.
2.3 The Owner shall Designate , when necessary, a representative authorized
to act in the Owner's behalf with respect to the Project. The Owner or
such authorized representative shall examine the documents submitted
by the Architect and shall render decisions pertaining thereto promptly,
to avoid unreasonable delay in the progress of the Architect's services.
-13-
89
2.4 The Owner shall furnish a legal description and a certified land
survey of the site, giving, as applicable, grades and lines of streets,
alleys, pavements and adjoining property; rights-of-way , restrictions,
easements, encroachments, zoning, deed restrictions, boundaries and
contours of the site; locations, dimensions and complete data pertaining
to existing buildings, other improvements and trees; and full information
concerning available service and utility lines both public and private,
above and below grade including inverts and depths.
2.5 The Owner shall furnish the services of soil engineers or other con
sultants when such services are deemed necessary by the Architect.
Such services shall include test borings, test pits, soil bearing values,
percolation tests, air and water pollution tests, ground corrosion and
resistivity tests, including necessary operations for determining sub
soil, air and water conditions, with reports and appropriate professional
recommendations.
2.6 The Owner shall furnish structural, mechanical, chemical and other
laboratory tests, inspections and reports as required by law or the
Contract Documents .
2.7 The Owner shall furnish all legal, accounting and insurance counseling
services as may be necessary at any time for the Project, including
, such auditing services as the Owner may require to verify the Con
tractor's Applications for Payment or to ascertain how or for what pur
poses the Contractor uses the moneys paid by or on behalf of the Owner.
-14-
90
2.8 The services, information, surveys and reports required by Paragraphs
2.4 through 2.7 inclusive shall be furnished at the Owner's expense, and
the Architect shall be entitled to rely upon the accuracy and completeness
thereof.
2.9 If. the Owner observes or otherwise becomes aware of any fault
or defect in the Project or nonconformance with the Contract Documents,
prompt written notice thereof shall be given by the Owner to the
Architect.
2.10 The Owner shall furnish required information and services and shall
render approvals and decisions as expeditiously as necessary for the
orderly progress of the Architect's services and of the Work.
ARTICLE 3
CONSTRUCTION COST
3.1 DEFINITION
3.1.1 The Construction Cost shall be the total cost or estimated cost to the
Owner of all elements of the Project designed or specified by the
Architect.
3.1.2 The Construction Cost shall include at current market rates, including
a reasonable allowance for overhead and profit, the cost of labor and
materials furnished by the Owner and any equipment which has been
designed, specified, selected or specially provided for by the Architect.
3.1.3 Construction Cost does not include the compensation of the Architect
and the Architect's consultants, the cost of the land, rights-of-way,
or other costs which are the responsibility of the Owner as provided in
Article 2 .
-15-
91
3.2 RESPONSIBILITY FOR CONSTRUCTION COST
3.2.1 Evaluations of the Owner's Project budget, Statements of Probable
Construction Cost and Detailed Estimates of Construction Cost, if any,
prepared by the Architect, represent the Architect's best judgment
as a design professional familiar with the construction industry. It is
recognized, however, that neither the Architect nor the Owner has
control over the cost of labor, materials or equipment, over the Contractor's
methods of determining bid prices, or over competitive bidding, market
or negotiating conditions. Accordingly, the Architect cannot and does
not warrant or represent that bids or negotiated prices will not vary
from the Project budget proposed, established or approved by the
Owner, if any, or from any Statement or Probably Construction Cost or
other cost estimate or evaluation prepared by the Architect.
3.2.2 No fixed limit of Construction Cost shall be established as a condition
of this Agreement by the furnishing, proposal or establishment of a
Project budget under Subparagraph 1.1.2 or Paragraph 2.2 or otherwise,
unless such fixed limit has been agreed upon in writing and signed by
the parties hereto . If such a fixed limit has been established, the
Architect shall be permitted to include contingencies for design, bidding
and price escalation, to determine what materials, equipment, component '
systems and types of construction are to be included in the Contract
Documents, to make reasonable adjustments in the scope of the Project
and to include in the Contract Documents alternate bids to adjust the
Construction Cost to the fixed limit. Any such fixed limit shall be
-16-
92
increased in the amount of any increase in the Contract Sum occurring
after execution of the Contract for Construction.
3.2.3 If the Bidding or Negotiation Phase has not commenced within three
months after the Architect submits the Construction Documents to the
Owner, any Project budget or fixed limit of Construction Cost shall be
adjusted to reflect any change in the general level of prices in the con
struction industry between the date of submission of the Construction
Documents to the Owner and the date on which proposals are sought.
3.2.4 If a Project budget or fixed limit of Construction Cost (adjusted as provided
• in Subparagraph 3.2.3) is exceeded by the lowest bona fide bid or
negotiated proposal, the Owner shall (1) give written approval of an
increase in such fixed limit, (2) authorize renegotiating of the Project
within a reasonable time, (3) if the Project is abandoned, terminate in
accordance with Paragraph 10.2, or (4) cooperate in revising the Project
scope and quality as required to reduce the Construction Cost. In the
case of (4), provided a fixed limit of Construction Cost has been es
tablished as a condition of this Agreement, the Architect, without
additional charge, shall modify the Drawings and Specifications as
necessary to comply with the fixed limit. The providing of such service
shall be the limit of the Architect's responsibility arising from the estab
lishment of such fixed limit, and having done so, the Architect shall
be entitled to compensation for all services performed, in accordance
with this Agreement, whether or not the Construction Phase is commenced.
-17-
93
ARTICLE 4
DIRECT PERSONNEL EXPENSE
4.1 Direct Personnel Expense is defined as the direct salaries of all the
Architect's personnel engaged on the Project, and the portion of the cost
of their mandatory and customary contributions and benefits related
thereto, such as employment taxes and other statutory employee
benefits, insurance, sick leave, holidays, vacations, pensions
and similar contributions and benefits.
ARTICLE 5
REIMBURSABLE EXPENSES
5.. 1 Reimbursable Expenses are in addition to the Compensation for Basic
and Additional Services and include actual expenditures made by the
Architect and the Architect's employees and consultants in the interest
of the Froject for the expenses listed in the following Subparagraphs:
5.1.1 Fees paid for securing approval of authorities having jurisdiction over
the Project.
5.1.2 Expense of reproductions, postage and handling of Drawings, Specifi
cations and other documents, excluding reproductions for the office use
of the Architect and the Architect's consultants.
5.1.3 Expense of data processing and photographic production techniques
when used in connection with Additional Services.
5.1.4 Expense of any additional insurance coverage or limits, including
professional liability insurance, requested by the Owner in excess
of that normally carried by the Architect and the Architect's consultants.
-18-
94
5.1.5 Expense of any additional insurance coverage or limits, including
professional liability insurance, requested by the Owner in excess
of that normally carried by the Architect and the Architect's
consultants.
ARTICLE 6
PAYMENTS TO THE ARCHITECT
6.1 PAYMENTS ON ACCOUNT OF BASIC SERVICES
6.1.1 Payments for Basic Services shall be made monthly and shall be
in proportion to services performed within each Phase of Services,
on the basis set forth in Article 14.
6.1.2 If and to the extent that the Contract Time initially established in the
contract for Construction is exceeded or extended through no fault of the
Architect, compensation for any Basic Services required for such ex
tended period of Administration of the Construction Contract shall be
computed as set forth in Paragraph 14.2 for Additional Services.
6.1.3 When compensation is based on a percentage of Construction Cost, and
any portions of the Project are deleted or otherwise not constructed, com
pensation for such portions of the Project shall be payable to the extent
services are performed on such portions, in accordance with the schedule
set forth in Subparagraph 14.1.2 based on (1) the lowest bona fide bid
or negotiated proposal, or, (2) if no such bid or proposal is received,
the most recent Statement of Probably Construction Cost or Detailed
Estimate of Construction Cos1: for such portions of the Project.
6.2 PAYMENTS ON ACCOUNT OF ADDITIONAL SERVICES
-19-
95
6.2.1 Payments on account of the Architect's Additional Services as defined
in Paragraph 1.7 and for Reimbursable Expenses as defined in Article
5 shall be made monthly upon presentation of the Architect's statement
of services rendered or expenses incurred.
6 .3 PAYMENTS WITHHELD
6.3.1 No deductions shall be made from the Architect's compensation on
account of penalty, liquidated damages or other sums withheld from
payments to contractors, or on account of the cost of changes in the Work
other than those for which the Architect is held legally liable.
6.4 PROJECT SUSPENSION OR TERMINATION
6.4.1 If the Project is abandoned in whole or in part, the Architect shall
be compensated for all services performed prior to receipt of written
notice from the Owner of such abandonment, together with Reimbur
sable Expenses then due and all Termination Expenses as defined in
Paragraph 10.4. If the Project is resumed after being suspended for
more than three months, the Architect's compensation shall be equitably
adjusted.
ARTICLE 7
ARCHITECT'S ACCOUNTING RECORDS
7.1. Records of Reimbursable Expenses and expenses pertaining to Addi
tional Services and services performed on the basis of a Multiple of
Direct Personnel Expense shall be kept on the basis of generally accepted
accounting principles and shall be available to the Owner or the Owner's
authorized representative at mutually convenient times.
-20-
96
ARTICLE 8
OWNERSHIP AND USE OF DOCUMENTS
8.1 Drawings and Specifications as instruments of service are and shall
remain the property of the Architect whether the Project for which they
are made is executed or not. The Owner shall be permitted to retair
copies of Drawings, Specifications for information and reference in
connection with the Owner's use and occupancy of the Project. The
Drawings and Specifications shall not be used by the Owner on other
projects, for additions to this project, or for completion of this Project
by others provided the Architect is not in default under this Agreement,
except by agreement in writing and with appropriate compensation
to the Architect.
8.2 Submission or distribution to meet official regulatory requirements or
for other purposes in connection with the Project is not to be construed ;
as publication in derogation of the Architect's rights.
ARTICLE 9
ARBITRATION
9.1 All claims. disputes and other matters in question between the parties
to this Agreement, arising out of or relating r:o this Agreement or the
breach thereof, shall be decided by arbitration in accordance with the
Construction Industry Arbitration -Rules of the American Arbitration
Association then obtaining unless the parties mutually agree otherwise.
No arbitration, arising out of or relating to this Agreement, shall include,
-21-
97
by consolidation, joinder or in any other manner, any additional person
not a party to this Agreement except by written consent containing a
specific reference to this Agreement and signed by the Architect, the
Owner, and any other person sought to be joined. Any consent to
arbitration involving an additional person or person shall not constitute
consent to arbitration of any dispute not described therein. This
Agreement to arbitrate and any agreement to arbitrate with an addi
tional person or persons duly consented to by the parties to this Agree
ment shall be specifically enforceable under the prevailing arbitration law.
9.2 Notice of the demand for arbitration shall be filed in writing with the
other party to this Agreement and with the American Arbitration Associa
tion. The demand shall be made within a reasonable time after the claim,
dispute or other matter in question has arisen. In no event shall the
demand for arbitration be made after the date when institution of legal
or equitable proceedings based on such claim, dispute or other matter
in question would be barred by the applicable statute of limitations.
9.3 The award rendered by the arbitrators shall be final, and judgment
may be entered upon it in accordance with applicable law in any court
having jurisdiction thereof.
ARTICLE 10
TERMINATION OF AGREEMENT
10.1 This Agreement may be terminated by either party upon seven days-written
notice should the other party fail substantially to perform in
accordance with its terms through no fault of the party initiating the
termination.
-22- ~^
98
10.2 This Agreement may be terminated by the Owner upon at least seven
days' written notice to the Architect in the event that the Project is
permanently abandoned.
10.3 In the event of termination not the fault of the Architect, the Architect
shall be compensated for all services performed to termination date,
together with Reimbursable Expenses then due and all Termination
Expenses as defined in Paragraph 10.4.
10.4 Termination Expenses include expenses directly attributable to termina
tion for which the Architect is not otherwise compensated, plus an
amo