Minutes of the Board of Regents of Stephen F. Austin State University. 1990, Volume No. 96

              Stephen F. Austin
State University
Minutes of the
Board of Regents
Nacogdoches, Texas
January 23,1990
Volume 96
INDEX
MINUTES OF THE MEETING
BOARD OF REGENTS
STEPHEN F. AUSTIN STATE UNIVERSITY
HELD AT NACOGDOCHES, TEXAS
January 23, 1990
Page
90-24 Approval of Minutes of Meeting of
October 7, 1989 1
90-25 Approval of Minutes of Meeting of
October 17, 1^93 1
90-26 Acceptance of President Johnson's
Retirement 1
90-27 Approval of President's salary 1
90-28 Award of President Emeritus title
upon President' s retirement 1
90-29 Approval of Faculty/Staff Appointments
for 1989-90 1
90-30 Approval of Changes of Status for
1989-90 4
90-31 Approval of Leave of Absence 5
90-32 Acceptance of Retirements 6
90-33 Designation of Henry M. Rockwell
Professor in Forestry 6
90-34 Approval of Last Class Day Report for
Fall, 1989, semester 6
90-35 Approval of Underenrolled Class Report
for spring semester, 1990 6
90-3 6 Approval of Twelfth Class Day Report
for spring semester, 1990 6
90-37 Approval of Policy on Non-Degree
Seeking Students . 7
90-38 Approval of Policy on Admission of
Students from Non-Accredited High Schools ... 7
Page
90-39 Approval of Revisions to Academic
Promotion Policy 8
90-40 Approval of Departmental Status for
Criminal Justice Program 8
90-41 Approval of FY 1989 Final Closing
Transfers 8
90-42 Acceptance of Financial Certification 8
90-43 Approval to Employ Engineering Firm
for General Purpose Projects 8
90-44 Approval of Bond Financial Advisor 9
90-45 Approval of Increase in Room and
Board Rates for FY 1990-91 9
90-46 Approval of Long Range Plan for
University Computing and Communications
and Authorization to Accept Bids for
Computing Equipment 9
90-47 Approval of Extension of Food
Service Contract with ARASERVE 9
90-48 Authorization to Purchase Additional
Property on Carolyn, Baker and Feazel
Streets 9
90-49 Authorization to Purchase Property at
1611 Baker Street 9
90-50 Authorization to Purchase and/or
Condemn Property , 10
90-51 Approval to Purchase Replacement
Energy Management System Computer
and Software 10
90-52 Approval of Resolution for
Lumberjack Football Team 10
90-53 Approval of Resolution for
Dr. Baker Pattillo 10
Revisions to Academic Promotion Policy 11
Schedule of FY 1989-90 Closing Transfers .... 14
Room and Board Rates for FY 1990-91 17
Page
Resolution for Lumberjack Football Team 18
Resolution for Dr. Baker Pattillo 19
Engineering Contract for General
Purpose Proj ects 20
MINUTES OF THE MEETING
BOARD OF REGENTS
STEPHEN F. AUSTIN STATE UNIVERSITY
HELD AT NACOGDOCHES, TEXAS
January 23, 1990
The meeting was called to order by Mrs. Peggy Wedgeworth
Wright, Chairman of the Board of Regents at 9:00 a.m.,
January 23, 1990.
REGENTS
PRESENT
STAFF
PRESENT
VISITORS
Senator Roy M. Blake of Nacogdoches
Mr. Homer Bryce of Henderson
Mr. Larry J. Christopher of Crockett
Mr. Dan Haynes of Bullard
Mr. Richard Hile of Jasper
Mr. Kelly Jones of Arlington
Mr. Wayne Salvant of Fort Worth
Mr. James M. Windham, Jr. of Houston
Mrs. Peggy Wedgeworth Wright of Nacogdoches
Dr. William R. Johnson, President
Mrs. Marilyn W. Abegg, Assistant to the Vice
President for University Advancement
Mr. Don L. Henry, Vice President for
Administrative and Fiscal Affairs
Dr. Baker Pattillo, Vice President for
University Affairs
Dr. Robert J. Provan, General Counsel
Dr. James V. Reese, Vice President for
Academic Affairs
Dr. Nancy Speck, Vice President for
University Advancement
Ms. Lucy Stringer, Assistant to the President
and Editor of University Publications
Mr. Danny Bledsoe, The Daily Sentinel
Ms. Jennifer Brooks, President, Student
Government Association
Dr. Jerry N. Lackey, Chairman, Faculty Senate
Mr. Lou Lopez, KTRE TV
Ms. Donna McCollum, KTRE TV
Ms. Jacqui Sundeen, Editor, Pine Log
STEPHEN F. AUSTIN STATE UNIVERSITY
BOARD MINUTES
90-24
Upon motion of Regent Bryce, seconded by Regent Hile, with
all members voting aye, it was ordered that the minutes of
the October 7, 1989, meeting of the Board of Regents be
approved.
90-25
Upon motion of Regent Christopher, seconded by Regent
Windham, with all members voting aye, it was ordered that
the minutes of the October 17, 1989, meeting of the Board of
Regents be approved.
90-26
Upon motion of Regent Hile, seconded by Regent Windham, with
all members voting aye, it was ordered that the retirement
of Dr. WillianuR. Johnson, President, be accepted effective
July 15, If
90-27
Upon motion of Regent Hile, seconded by Regent Windham, with
all members voting aye, it was ordered that the President's
salary shall be $112,000 for the FY 1989-90 fiscal year with
the SFASU Foundation providing the necessary supplement to
general revenue appropriations.
90-28
Upon motion of Regent Jones, seconded by Regent Bryce, with
all members voting aye, it was ordered that President
Johnson receive the title of President Emeritus upon his
retirement July 15, 1990.
90-29
Upon motion of Regent Bryce, seconded by Regent Christopher,
with all members voting aye, it was ordered that the
following faculty and staff appointments for FY 1989-90 be
approved:
1. Administrative Services
Ms. Irene Hardy, Lecturer, 50, M.B.Ed. (Stephen F.
Austin State University), at a salary of $9,000 for the
spring semester, 199o.
Agriculture
Mr. B. Rex Buchman, Beef Farm Manager, at a salary of
$19,250 for 100% time for ten and one-half months,
effective October 14, 1989.
Counseling and Special Educational Programs
Mr. Neill S. Hays, Part-time Assistant Professor, at a
salary of $1,235 for 25% time for the spring semester,
1990.
Dr. Newel G. Holland, Lecturer, at a salary of $2,250
for 75% time for the spring semester, 1990.
Dr. Elnita 0. Stanley, Part-time Professor, at a salary
of $5,000 for 50% time for the spring semester, 1990.
Elementary Education
Dr. Mary H. Appleberry, Part-time Instructor, at a
salary of $8,610 for 50% time for the spring semester,
1990.
Ms. Annelle Barbin, Part-time Instructor, at a salary
of $1,500 for 25% for the spring semester, 1990.
Ms. Maryann S. Bentley, Part-time Instructor, at a
salary of $1,500 for 25% for the spring semester, 1990.
Ms. Charlotte O. Kennemer, Part-time Instructor, at a
salary of $3,500 for 50% time for the spring semester,
1990.
Ms. Deanna C. Petty, Part-time Instructor, at a salary
of $1,500 for 25% time for the spring semester, 1990.
Ms. Claudia G. Whitley, Part-time Instructor, at a
salary of $1,500 for 25% time for the spring semester,
1990.
Dr. Victoria J. Williams, Part-time Instructor, 45,
Ph.D. (University of Southern California), at a salary
of $2,000 for 25% time for the fall semester, 1989.
English and Philosophy
Ms. Barbara B. Burkett, Part-time Instructor, at a
salary of $4,875 for 75% time for the fall semester,
1989.
Dr. Neal Houston, Part-time Professor, at a salary of
$21,269 for 50% time for nine months, effective fall
semester, 1989.
Ms. Mary Elizabeth Pierce-Daniel, Part-time Instructor,
25, MA (Stephen F. Austin State University), at a
salary of $6,500 for 100% time for the fall semester,
1989.
6. Forestry
Mr. Darrell Evans, Research Specialist, at a salary of
$20,121 for 100% time for twelve months, effective
October 1, 1989.
7. Kinesiology and Health Science
Mr. Wayne Joseph Jacobs, Part-time Instructor, 25,
M.Ed. (Stephen F. Austin State University), at a salary
of $4,000 for 67% time for the fall semester, 1989.
Ms. Carolyn Ann Tillison, Part-time Instructor, 40,
M.Ed. (Stephen F. Austin State University), at a salary
of $6,000 for 100% time for the fall semester, 1989.
8. Political Science and Geography
Mr. Joseph Ernest Fults, Part-time Instructor, 26, J.D.
(University of Texas), at a salary of $1,650 for 25%
time for the fall semester, 1989.
9. Secondary Education
Dr. Bobby D. Browning, Part-time Assistant Professor,
at a salary of $2,000 for 25% time for the spring
semester, 1990.
Mr. Norris E. Smith, Lecturer, 65, BAAS (Stephen F.
Austin State University) at a salary of $4,000 for 100%
time for the spring semester, 1990.
10. Sociology
Mr. John Daniel Norton, Lecturer, at a salary of $1,700
for 25% time for the spring semester, 1990.
11. University Affairs
Ms. Juanda Morgan, Counselor in Counseling and Career
Services, at a salary of $27,050 for twelve months,
effective October 18, 1989.
12. Intercollegiate Athletics for Men
Mr. Dorn Spencer Leftwich, Assistant Football Coach and
Part-time Instructor of Kinesiology and Health Science,
at a salary of $28,000 for ten and one-half months,
effective January 1, 1990.
Mr. Michael B. Major, Assistant Football Coach and
Part-time Instructor of Kinesiology and Health Science,
at a salary of $35,000 for ten and one-half months,
effective January 16, 1990.
90-30
Upon motion of Regent Hile, seconded by Regent Windham, with
all members voting aye, it was ordered that the following
changes of status for FY 1989-90 be approved:
1. Chemistry
Dr. Jacob A. Seaton, Professor, an additional $1,000
for teaching an overload the fall semester, 1989.
2. English and Philosophy
Mr. Royce Burton, Part-time Instructor, from a salary
of $4,000 for 50% time to a salary of $6,000 for 75%
time for the fall semester, 1989.
3. Mathematics and Statistics
Mr. Harold E. Bunch, Lecturer, from a salary of $6,947
for 50% time to a salary of $13,893 for 100% time for
the fall semester, 1989.
Mr. Arthur B. Denman, Lecturer, from a salary of $3,885
for 50% time to a salary of $5,828 for 75% time for the
fall semester, 1989.
Ms. Vicky G. Lymbery, Lecturer, from a salary of $9,897
for 100% time to a salary of $11,877 for 100% time to
teach an overload for the fall semester, 1989.
4. Physics and Astronomy
Dr. James C. Dennis, Associate Professor, from a salary
of $34,678 for 100% time for nine months effective fall
semester, 1989, to a salary of $12,000 for 70% time for
the spring semester, 1990.
5. Psychology
Dr. Helene Adele Bakewell, Assistant Professor, from a
salary of $27,157 for 100% time for nine months
effective the fall semester 1989, to a salary of
$22,728 for 100% time for seven months, 50% time for
one month and 0% time for one month effective the fall
semester, 1989. This was due to extended disability
leave after all sick leave was used,
6. Secondary Education
Dr. Carl Ray Kight, Professor, for an additional $1,000
for teaching an overload in the spring semester, 1990.
7. University Affairs
Mr. Phillip Bounds, Assistant Football Coach and Part-time
Instructor of Kinesiology and Health Science, at a
salary of $33,000 for ten and one-half months, to
Assistant Football Coach (Defensive Coordinator) and
Part-time Instructor of Kinesiology and Health Science,
at a salary of $40,000 for ten and one-half months,
effective January 1, 1990.
Mr. Lynn Franklin Graves, Head Football Coach, at a
salary of $55,000 for twelve months to a salary of
$60,500 for twelve months, effective January 1, 1990.
Mr. Steve Mccarty, from Interim Athletic Director at a
salary of $46,785 for twelve months to Athletic
Director at a salary of $55,000 for twelve months,
effective January 24, 1990.
Mr. Bradley Peveto, Assistant Coach and Part-time
Instructor of Kinesiology and Health Science, at a
salary of $25,000 for ten and one-half months to a
salary of $30,000 for ten and one-half months,
effective January 1, 1990.
Mr. Zane Zamenski, Assistant Coach (Offensive
Coordinator) and Part-time Instructor of Kinesiology
and Health Science, at a salary of $33,000 for ten and
one-half months, to a salary of $40,000 for ten and
one-half months, effective January 1, 1990.
90-31
Upon motion of Regent Blake, seconded by Regent Salvant,
with all members voting aye, it was ordered that the
following leave of absence be granted.
1. Counseling and Special Educational Programs
Dr. Bernard-thomas Hartman, Professor, medical leave
for the spring semester, 1990.
90-32
Upon motion of Regent Hile, secdnded by Regent Jones, with
all members voting aye, it was ordered that the following
retirements be accepted.
1. Home Economics
Dr. Sue E. Butts, Professor, effective December 31,
1989.
2. Secondary Education
Dr. George S. Thompson, Professor, effective
December 31, 1989.
3. Sociology
Dr. Samir N. Maamary, Associate Professor, effective
December 31, 1990.
90-33
Upon motion of Regent Christopher, seconded by Regent Blake,
with all members voting aye, it was ordered that Dr. Kent
Adair be appointed to the Henry M. Rockwell Chair in
Forestry. It was further ordered that Dr. Adair continue as
Dean of the School of Forestry during the academic year
1990-91, while a search is undertaken for his successor and
that he assume his responsibilities as the Rockwell
Professor no later than the fall semester, 1991.
90-34
Upon motion of Regent Bryce, seconded by Regent Salvant,
with all members voting aye, it was ordered that the Last
Class Day Report for the fall semester, 1989, be approved.
90-35
Upon motion of Regent Bryce, seconded by Regent Windham,
with all members voting aye, it was ordered that the
Chairman of the Board of Regents be authorized to approve
the Underenrolled Class Report for the spring semester,
1990.
90-36
Upon motion of Regent Bryce, seconded by Regent Windham,
with all members voting aye, it was ordered that the
Chairman of the Board be authorized to approve the Twelfth
Class Day Report for the spring semester, 1990.
90-37
Upon motion of Regent Blake, seconded by Regent Jonest with
all members voting aye, it was ordered that the following
policy be approved.
Policy on Non-Degree Seeking Students
Non-degree seeking students who wish to enroll in a
limited number of undergraduate on-campus courses
solely for self-improvement, personal enrichment or job
advancement may apply for admission as Career
Improvement/Self-Improvement (CI/SI) students. Such
students are required to submit a completed admission
application form and a statement of good academic
standing from the last educational institution
attended.
Applicants must not have enrolled in a formal high
school studies program for the past three years and
must not currently be on suspension from another
educational institution. They may enroll in a maximum
of four (4) semester hours, for which they satisfy the
prerequisites, during any academic term and can
accumulate no more than 24 semester hours total at
SFASU. CI/SI students who wish to continue studies
past the 24-semester-hour maximum, or pursue a degree
program at SFASU, must complete the applicable
admission procedure. In addition, CI/SI students are
not normally eligible for financial aid, federal
veterans benefits or intercollegiate athletic
competition, and are subject to all applicable SFASU
probation/suspension policies and to the provisions of
the Texas Academic Skills Program (TASP). CI/SI
students are advised in the office of the Dean of
Applied Arts and Sciences.
Non-matriculated students who subsequently apply for
and who are fully admitted to SFASU are subject to the
policies, procedures and requirements of the General
Bulletin and its supplements which are in force at the
time of matriculation to the University. Credits
earned by non-matriculated students may satisfy
University degree requirements providing the credits
completed are applicable to a degree program at the
time of or subsequent to matriculation.
90-38
Upon motion of Regent Blake, seconded by Regent Jones, with
all members voting aye, it was ordered that the following be
added to the admissions policy for Stephen F. Austin State
University.
8
Students graduating from non-accredited high schools
may be considered for admission under the alternative
criteria for students who are not eligible by class
rank; namely, a minimum score of 21 on the ACT or 900
on the SAT.
90-39
Upon motion of Regent Hile, seconded by Regent Christopher,
with all members voting aye, it was ordered that the
Academic Promotion Policy as it appears with revisions on
page 11 be approved.
90-40
Upon motion of Regent Salvant, seconded by Regent Jones,
with all members voting aye, it was ordered that the
departmental status for the Criminal Justice Program be
approved with the designation of Department of Criminal
Justice and that the administration be authorized to request
approval from the Texas Higher Education Coordinating Board.
90-41
Upon motion of Regent Christopher, seconded by Regent Bryce,
with all members voting aye, it was ordered that the closing
transfers for FY 1989 be approved as presented on page 14.
90-42
Upon motion of regent Hile, seconded by Regent Salvant, with
all members voting aye, it was ordered that the financial
certification as presented below be accepted.
1. All accounting reports submitted to the Board of
Regents contain information resulting from
procedures that are in compliance with state law
and regulations and are correct.
2. All funds are on deposit with approved
depositories as authorized by the Board of Regents
at the July 24, 1989, meeting.
90-43
Upon motion of Regent Blake, seconded by Regent Jones, with
all members voting aye, it was ordered that the firm of
Friberg and Associates be employed to provide engineering
services for minor general purpose projects and the Chairman
of the Board be authorized to sign the agreement. (Page 20).
90-44
Upon motion of Regent Salvant# seconded by Regent
Christopher, with all members voting aye, it was ordered
that the firm of Rauscher, Pierce, Refsnes, Inc., be
employed to provide services in connection with bond
financing.
90-45
Upon motion of Regent Hile, seconded by Regent Christopher,
with all members voting aye, it was ordered that there be a
5 percent (5%) increase in room and board rates for FY 1990-
1991 as per the schedule on page 17.
90-46
Upon motion of Regent Bryce, seconded by Regent Windham,
with all members voting aye, it was ordered that the Long
Range Plan for University Computing as presented be approved
and that the University administration be authorized to
accept bids for Board review on a VAX 6000-410 Central
Processing Unit with appropriate peripheral equipment and
software and a Bull DPS 8000 Central System and a
replacement printer.
90-47
Upon motion of Regent Blake, seconded by Regent Salvant,
with all members voting aye, it was ordered that the
Agreement between the University and ARASERVE, Inc. dated
January 30, 1986, as amended, be accepted with no increase
in rates for the year beginning with the fall semester 1990
and that the President be authorized to sign the agreement.
90-48
Upon motion of Regent Haynes, seconded by Regent Windham,
with all members voting aye, it was ordered that the
administration be authorized to request preliminary approval
from the Texas Higher Education Coordinating Board for the
purchase of lots 10, 10A, 10C, 11, 12, 12A, 13, 14, 15, 16
and 17 of the I. L. Sturdevant Subdivision and lot 1, 2, and
7 of the Reese and Stripling Subdivision, Nacogdoches,
Texas•
90-49
Upon motion of Regent Hile, seconded by Regent Bryce, with
all members voting aye, it was ordered that the
administration be authorized to purchase the property at
1611 Baker Street for a purchase price not to exceed $36,000
and that the Chairman of the Board be authorized to sign the
contract documents.
10
90-50
Upon motion of Regent Hile, seconded by Regent Haynes, with
all members voting aye, it was ordered that the
administration be authorized to negotiate with the owners
for the purchase of Lots 10 and IOC, City Block 45,
Nacogdoches, Nacogdoches County, Texas. Should negotiations
fail to result in a price not more than the highest
appraised value, it is further ordered that the University
administration is authorized to pursue the acquisition of
the property by condemnation proceedings in accordance with
Texas state law.
90-51
Upon motion of Regent Bryce, seconded by Regent Jones, with
all members voting aye, it was ordered that the low bid for
the replacement of an energy management computer equipment
and software from Landis and Gyr Powers, Inc. of Dallas be
accepted and that the President be authorized to approve the
bid, with the State Purchasing and General Services
Commission issuing the purchase order.
90-52
Upon motion of Regent Bryce, seconded by Regent Haynes, with
all members voting aye, it was ordered that a Resolution of
Appreciation (page 18) honoring the 1989 Lumberjack football
program for demonstrating a level of performance of highest
quality be approved.
90-53
Upon motion of Regent Haynes, seconded by Regent Jones, with
all members voting aye, it was ordered that a Resolution of
Appreciation (page 19) honoring Dr. Baker Pattillo be
approved.
11
Academic Promotion
Stephen F. Austin State University seeks to maintain the strongest faculty possible. The
University thus provides for advancement based upon the faculty member's academic
credentials and experience, performance as a teacher and scholar/artist, contributions to the
University community and his/her discipline, and service to the general community through
his/her professional expertise.1 In order to assure that faculty recommendations and
administrative decisions relative to promotion are equitable, the following principles and
procedures are observed.
1. Criteria
a. The minimum criterion for appointment to the rank of Instructor at the
University is a master's degree in the field in which the individual will be
teaching. In order to be promoted to any of the professorial ranks, an
individual is expected to have completed the highest level course of academic
study available in the discipline of his/her primary responsibility. Ordinarily,
that would be a doctoral degree or a master's degree which is considered to be a
terminal degree in the particular field.
. b. Beyond adequate credentials, the following levels of performance should be
present for promotion:
1) An individual promoted to the rank of Assistant Professor should have the
demonstrated capabilities to be an effective university teacher, a productive
scholar/artist, and a contributing member of the academic and general
communities.
2) An individual promoted to the rank of Associate Professor should have a
proven record of effective teaching, scholarly or artistic activity, and
professional contributions to the academic and general communities.
3) An individual promoted to the rank of Professor should be a teacher whose
effectiveness is generally recognized, a scholar whose contributions to
knowledge or artistic performance are substantial and are recognized beyond
the confines of the local campus to be of high quality, and a citizen whose
professional contributions to the academic and general communities are
significant
c. In order to hold either of the upper two professional ranks, an individual is
expected to have some previous teaching experience and to have held a lower
rank. Ordinarily, to be promoted to the rank of Associate Professor, an
individual should have held the rank of Assistant Professor for at least five
years. To be promoted to the rank of Professor, an individual should have held
the rank of Associate Professor for at least five years.
Additional written criteria for each rank may be required by schools or departments*
subject to the approval of the Vice President for Academic Affairs. These criteria must be
available in writing to the facultv.
12
d. In exceptional circumstances, special training in recognized institutions (such as
conservatories or research institutes) or the attainment of nationally recognized
licenses/certificates may be judged to satisfy the requirement for advanced
degrees. Practical experience and/or demonstrable expertise and performance in
activities related to one's faculty appointment may be judged to satisfy the
requirement for advanced degrees and/or years of experience. Similarly, a
record of truly exceptional performance in some areas of the basic
responsibilities to teaching, scholarship/performance, and service may mitigate
against slight contributions in other areas in consideration for promotion, within
the performance guidelines established for each rank. The evidence to support
promotion based upon exceptional considerations must be unequivocal.
2. Promotion Procedures
a. A faculty member may be nominated or apply for promotion. A nomination
may be initiated by an individual faculty member, the department chairman, or
other appropriate administrative officer of the University. The
applicant/nominee is responsible for developing and submitting to the
department chairman a packet of supporting materials, including a at least a
current vita and documentation of: any information on which teaching
effectiveness^ scholarly or creative activities» and university related service can
be judged
1) teachine effectiveness (i.e.. summaries of student evaluations, teaching
awards, peer evaluations, innovative teaching approaches
2) scholarly or creative activities (i.e.. publications, research/creative projects,
photographs of artworks, finished pieces of work)
3) university-related service (i.e.. committee responsibilities, leadership roles
assumed at department, school, and university level)
4) contributions to profession (i.e.. memberships in professional
organizations, offices held, other leadership roles)
5) general community service related to the profession (i.e.. presentations and
activities that enhance the professional discipline)
b. Each application/nomination for promotion, including all supporting materials,
will be evaluated by all full-time department faculty members holding rank
higher than the candidate and not being considered for promotion, with regard
to his/her credentials and performance as a faculty member.
c. The chairman of the applicant/nominee's department will evaluate the packet of
materials submitted by the candidate and the recommendations of the
departmental faculty, and will forward these materials, along with his/her
recommendation to the dean of the school.
d. The dean of the school will constitute two school review panels to evaluate
applications for promotion within that school. Panel A will consist of one
professor to represent each department in the school and may include an
additional member from professors outside the school. It will consider material
from applicants for promotion to professor. Panel B will consist of one
professor or associate professor to represent each department in the school and
13
may include an additional member from professors or associate professors
outside the school. It will consider material for applicants for promotion to
associate professor or assistant professor. The panel member representing a
department should not be the department chairman. Each panel member will
review the supporting materials prepared by each applicant and will submit
recommendations to the dean of the school that the applicant be promoted/not
promoted, with comments concerning the judged strength of the application and
a ranking of the applicants. The dean of the school will review the supporting
materials by each applicant, the faculty recommendations, the recommendations
submitted by the department chairman and the school review panel, and will
recommend to the Vice President for Academic Affairs that the applicant be
promoted/not promoted, with comments concerning the judged strength of the
application. TTie dean of the school will submit to the Vice President for
Academic Affairs a summary of the recommendations of all participants in the
review process and the packet of materials prepared by each applicant
e. The Vice President for Academic Affairs will review these materials as a basis
for making recommendations to the President of the University. The Vice
President for Academic Affairs will submit to the President a recommendation
to promote/not promote for each candidate and the recommendations made at
each step of the review process.
f. The President of the University will review these materials and
recommendations and any other evidence deemed pertinent as a basis for his/her
recommendation to the Board of Regents that the candidate be promoted After
the decision of the Board of Regents, the packet of supporting materials
prepared by the candidate will be returned to the applicant.
g. Promotion in rank is by action of the Board of Regents of Stephen F. Austin
State University.
STEPHEN F. AUSTIN STATE UNIVERSITY
SCHEDULE A-3
SCHEDULE OF LEGISLATIVE APPROPRIATIONS
For the Year Ended August 31, 1989
Appropriation Regular
Balances Legislative Appropriation
9_1_88 Appropriations Adjustments
UNAUDITED
Estimated
Local
Revenues
Net
Transfers Appropriations Disbursements Lapsed
Appropriation
Balances
8-31-89
GENERAL FUNDS »
General Revenue Fund 001
Prior Year Appropriations
For The Year Ended August 31, 1987
Higher Education Assistance Funds
Proposition 2 Funds
For The Year Ended August 31,, 1988
Gen. Admin. I Student Services
Faculty Sal. (Non-Transferable)
Utilities
All Other General Purposes
Special Items:
Ctr. for Applied Stud, in Forest.
Stone Fort Museum
Soils Testing Laboratory
Scholarships
Administration Efficiency
• Appropriation Format Equal.
Budget Reduction Receiving
Agency Rec. Acct. -Salary Increase
Higher Education Assist. Funds
Advanced Research Program
Current Year Appropriations
Gen Admin k Student Services
Faculty Salaries
Utilities
All Other General Purposes
Special Items:
Ctr Applied Studies In For.
* Stone Fort Mueseum
Soils Testing Lab
Scholarships
Administration Efficiency
Appropriations Format Equal.
Budget Reduction Receiving
Higher Education Assistance Funds
Proposition 2
Advanced Research Program
OASI Matching and Benefits
233,212.28
0.00
635,188.37
164,875.40
58,902.50
0.00
1,667.59
0.00
0.00
0.00
12,817.00
0.00
0.00
223,981.91
76,350.00
0.00
0.00
0.00
0.00
101,000.00
2,245,023.00
16,204,082.00
2,459,776.00
11,393,431.00
00
00
00
00
00
00
00
0.00
0.00
0.00
(101,000.00)
1,467,178.00
258,727.00
19,850.00
60,236.00
24,303.00
105,770.00
0.00
161,891.00
1,467,178.00
0.00
2,294,094.44
22,820.00
3,075.00
72,425.00
2,040.00
275.00
365.00
(161,891.00)
(1,250,772.00)
(2,877,323.00)
0.00
(3,876,067.00)
(4,567.00)
(267.00)
(17,721.00)
0.00
0.00
0.00
0.00
(233,212.28)
(12,906.56)
(75,307.83)
195,945.06
5,409.51
0.00
59,937.30
0.00
0.00
635,188.37
164,875.40
58,902.50
0.00
1,667.59
0.00
0.00
0
12,817
0
0
00
00
00
00
1,678,253.35
1,042.17
1,213,016.06
13,332,168.51
2,462,851.00
7,649,726.30
(142,548.17)
(6,822.78)
(6,150.92)
(105,770.00)
246,118.84
75,307.83
113,651.83
13,035.22
36,729.08
24,303.00
0.00
0.00
0.00
1,713,296.84
75,307.83
2,294,094.44
0.00
0.00
635,188.37
164,875.40
58,902.50
0.00
1,667.59
0.00
0.00
0.00
12,817.00
0.00
0.00
1,678,253.35
1,042.17
1,211,307.57
12,265,741.68
2,406,337.53
7,547,960.97
113,651.83
13,035.22
35,977.70
24,303.00
0.00
0.00
0.00
1,445,703.11
37,019.22
2,294,094.44
29,947,878.65
0.00
0.00
Current Fund 261
Prior Year Appropriations
For the Year Ended August 31,
Organized Research
Gen. Admin, k Student Services
1987
1,359.18
125,003.26
1,359.18
125,003.26
0.00
0.00
1,359.18
125,003.26
0.00
0.00
STEPHEN F. AUSTIN STATE UNIVERSITY
SCHEDULE A-3
SCHEDULE OF LEGISLATIVE APPROPRIATIONS
For the Year Ended August 31, 1989
Appropriation Regular
Balances Legislative Appropriation
9-1-88 Appropriations Adjustments
UNAUDITED
Estimated
Local
Revenues
Net
Transfers Appropriations Disbursements Lapsed
Approprlation
Balances
8-31-89
Gen. Inst. Exp.
Resident Instruction:
Faculty Sal. (Non-transferable)
Departmental Operating Expense
Instructional Administration
Organized Activities
Physical Plant Oper. and Ma int.:
Plant Support Services
Campus Security
Building Maintenance
Custodial Services
Grounds Maintenance
Utilities
Special Items:
Ctr. for App. Studies in For.
Stone Fort Museum
Soils Testing Lab
Library
Agency Rec.-Salary Increase
For The Year Ended August 31, 1987
Gen. Admin, fc Student Services
Faculty Salaries Non-Trans
Utilities
All Other Gen. Purpose
Special Items (Non-transferable):
Ctr. for Applied Studies in For.
Scholarships
Soils Testing Labortory
Stone Fort Museum
Current Year Appropriations
Gen Admin & Student Services
Faculty Salaries
Utilities
All Other General Purposes
Special Items:
Ctr Applied Studies In For.
Stone Fort Mueseum
Soils Testing Lab
Scholarships
Carpenter Case Claims
Social Security Matching
Operation and Maintenance of
Stephen F. Austin State Unlv.
Total Current Fund 261
45.00
1,250,772.00
2,877,323.00
0.00
3,876,067.00
4,567.00
267.00
17,721.00
0.00
0.00
0.00
4,750.00
(4,750.00)
100,000.00
5,551.50
(239,551.50)
120,000.00
10,000.00
4,000.00
234,000.00
447,591.70
34,988.29
0.00
549.44
2,270.40
4,793.29
36,311.71
18,660.92
71,679.87
255.94
0.00
234,290.97
265.00
0.00
4,184.61
77,124.42
0.00
488,976.96
622,392.72
5,296.28
1,702,229.73
31,471.70
0.00
11,850.05
27.00
1,263,437.00
2,977,323.00
5,551.50
3,664,595.50
126,022.00
10,267.00
21,921.00
0.00
234,000.00
447,591.70
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
169,266.32
431,825.94
2,783.90
526,432.79
27,752.75
0.00
7,694.88
0.00
789,976.66
2,801,821.86
5,551.50
2,472,638.71
86,820.09
3,816.43
12,774.82
0.00
234,000.00
447,591.70
34,988.29
549.44
2,270.40
4,793.29
36,311.71
18,660.92
71,679.87
255.94
234,290.97
265.00
4,184.61
77,124.42
303,695.39
190,566.78
2,512.38
824,965.67
3,718.95
4,155.17
27.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0,00
0.00
0.00
16,015.25
0.00
0.00
350,831.27
0.00
0.00
0.00
0.00
473,460.34
175,501.14
0.00
1,191,956.79
39,201.91
6,450.57
9,146.18
0.00
0.00
0.00
(681,636.70) (976,078.09) (0.00) (1,941,378.64) 965,300.55
3,188,664.97 42,400.00 (9,169.62) 8,026,717.00 0.00 11,248,612.35 8,020.748.35
CJl
STEPHEN F. AUSTIN STATE UNIVERSITY
SCHEDULE A-3
SCHEDULE OF LEGISLATIVE APPROPRIATIONS
'or the Year Ended August 31, 1989
Special Mineral Fund 2A1
Operation and Maintenance of
Stephen F. Austin State University
Total Special Mineral Fund 2A1
TOTAL GENERAL FUNDS
RESTRICTED FUNDS
Matching Portion of Staff Benefits
Paid by the State of Texas
TOTAL RESTRICTED FUNDS
UNEXPENDED PLANT FUNDS
Higher Education Assistance Funds
Proposition 2
Fiscal Year 1987
Fiscal Year 1988
Fiscal Year 1989
TOTAL UNEXPENDED PLANT FUNDS
TOTAL APPROPRIATIONS
(a) Appropriation Adjustments Consist of:
Actual Revenue over Amount Estimated
FY 1990 Deferred Income Deposited
Before 8-31-89 and Included
in Ending Balance
FY 1989 Deferred Income Deposited
Before 8-31-88 and Included
in Beginning Balance
FY 1989 Deferred Income Deposited
Before 8-31-88 and Not
Brought Forward to FY 1989
Higher Education Assist. Funds (Prop 2)
E & G Funds
Unexpended Plant Funds
Senate Bill 1 Budget Reduction
UNAUDITED
Appropriation Regular Estimated
Balances Legislative Appropriation Local
9-1-88 Appropriations Adjustments Revenues
Net
Transfers Appropriations Disbursements Lapsed
Appropriation
Balances
8-31-89
1,068,145.1A
3,13A,590.07
(989,739.66) 78,405.48
(2,552,934.37) 581,655.70
78,405.48
581,655.70
(a)
(84,035.52)
1,870,788.18
(1,100,000.00)
(695,922.28) (9,169.62)
1,467,178.00
3,679,226.00
(161,891.00)
0.00
0.00
$ A,975,3A3.38
CTi
17
STEPHEN F. AUSTIN STATE UNIVERSITY
ROOM & BOARD RATF.S FOR 1990-1991
FALL & SPRING SEMESTER SUMMER I OR I I
W/5 DAY W/7 DAY W/7 DAY W/5 DAY
15 MEALS 13 MEALS 20 MEALS 15 MEALS
$1 360
360
360
515
489
360
515
489
360
1 ,515
,489
,489
,489
,489
,515
,489
1,515
$522
522
522
560
549
522
560
549
522
560
549
549
549
549
560
549
560
FOR ACCOUNTING PURPOSES ONLY:
ROOMS FALL OR SPRING
* INCLUDES UTILITIES,
TELEVISION CABLE AND
TELEPHONE SERVICE
** INCLUDES UTILITIES,
TELEVISION CABLE,
TELEPHONE SERVICE, AND
LAUNDRY FACILITIES
**» TV CABLE AND
TELEPHONE SERVICE
SUMMER I OR II
CLASSIFICATION I
HALLS 5, 9, 12, 17, 20
CLASSIFICATION II
HALLS 7, 10, 13, 14, 15,
16, 18
CLASSIFICATION III
HALLS 1, 2, 3, 8, 11
$721
695
566
$272
261
234
MEALS 5-5
$301
5-15
$750
7-13
$770
7-20
$794
SUM 5-15
$288
18
BOARD OF REGENTS
OF
STEPHEN F. AUSTIN STATE UNIVERSITY
Nacogdoches, Texas
January 23,1990
LUMBERJACK FOOTBALL PROGRAM: RESOLUTION OF APPRECIATION
WHEREAS, it is a guiding principle of the Board of Regents of Stephen F. Austin State
University that the institution should strive for excellence in all its endeavors;
WHEREAS, in 1989 the Lumberjack football program demonstrated to the state and
nation a level of performance of the highest quality,
WHEREAS, through its performance on and off the field, the 1989 Lumberjack football
program established high standards in success and sportsmanship which future student athletes of this and
other institutions can strive to emulate;
WHEREAS, through its record breaking season, including the Southland Conference
Championship and success in the NCAA Division 1AA national playoffs, the Lumberjack football program
brought positive recognition to Stephen F. Austin State University from people across the country, which
created pride in the members and supporters of the University community,
NOW THEREFORE BE IT RESOLVED by the Board of Regents of Stephen F.
Austin State University, in meeting assembled this twenty-third day of January, 1990, that congratulations
and thanks be expressed to the 1989 Lumberjack football team, coaches and support staff for their
outstanding performance and their rcaffirmation that excellence in education, high standards of conduct,
and participation in intercollegiate competition arc not incompatible; and
BE IT FURTHER RESOLVED that a copy of this resolution be spread upon the
minutes of the Board meeting and that a copy be presented to Coach Lynn Graves to be displayed in a
manner which will insure that the outstanding accomplishments of the 1989 Lumberjacks will be long
remembered.
THE BOARD OF REGENTS, STEPHEN F. AUSTIN STATE UNIVERSITY
Don L. Henry, Secretary to«he Board
19
BOARD OF REGENTS
OF
STEPHEN F. AUSTIN STATE UNIVERSITY
Nacogdochcs, Texas
January 23,1990
DR. BAKER PATTILLO: RESOLUTION OF APPRECIATION
WHEREAS, it is a guiding principle of the Board of Regents of Stephen F. Austin State University
that the institution should strive for excellence in all its endeavors;
WHEREAS, since 1981. Dr. Baker Pattillo has provided administrative leadership and untiring support
for men's and women's athletic programs at Stephen F. Austin State University, which has resulted in continued
growth and success in intercollegiate athletics;
WHEREAS, under Dr. Pattillo's guidance the intercollegiate athletics program in football has moved
forward in NCAA competition from Division II to Division IAA. and during the past two consecutive seasons, the
football team has become increasingly competitive, advancing to the playoffs both years;
WHEREAS, through its record breaking season in 1989, including the Southland Conference
Championship and success in the NCAA Division IAA national piayofTs, the Lumberjack football program brought
positive recognition to Stephen F. Austin Slate University from people across the country, which created pride in
the members and supporters of the University community;
NOW THEREFORE BE IT RESOLVED by the Board of Regents of Stephen F. Austin
State University, in meeting assembled this the twenty-third day of January. 1990, that congratulations and thanks
be expressed to Dr. Pattillo, for his dedication and leadership in achieving excellence in intercollegiate athletics and
thus reaffirming that excellence in education, high standards of conduct, and participation in intercollegiate
competition arc not incompatible; and
BE IT FURTHER RESOLVED that a copy of this resolution be spread upon the minutes of the
Board meeting and that a copy be presented to Dr. Pattillo in recognition of his leadership, support, and participation
in the outstanding accomplishments of the Lumberjacks.
THE BOARD OF REGENTS, STEPHEN F. AUSTIN STATE UNIVERSITY
Don L. Henry, Secretary to
20
Stephen f. Austin State University
ARCHITECT-ENGINEER/OWNER AGREEMENT
BUILDING CONSTRUCTION CONTRACTS
APPROVED AUGUST, 1987
OFFICE OF THE VICE PRESIDENT
FOR
ADMINISTRATIVE AND FISCAL AFFAIRS
21
ARCHITECT-ENGINEER/OWNER AGREEMENT
FOR
STEPHEN F. AUSTIN STATE UNIVERSITY
BUILDING CONSTRUCTION CONTRACTS
August, 1987
22
STEPHEN F. AUSTIN STATE UNIVERSITY
ARCHITECT-ENGINEER/OVNER AGREEMENT
THIS AGREEMENT, made the 5th day of April , 19J0_ by and between
the State of Texas, acting through the Board of Regents, Stephen F. Austin
State University, hereinafter called the Owner, and Friberg Associates Inc.
hereinafter called the Architect/Engineer (A-E).
WITNESSETH, that whereas the Owner intends to commission Friberg Associates
Inc. to provide consulting, engineering, and design service for various
projects.
such improvements hereinafter called the "Projectw at
various projects/sites.
The fixed limit of construction cost is_^applicable.
23
NOW THEREFORE, the Owner and A-E, for considerations as set forth, agree as
follows:
ARTICLE 1.
The A-E agrees to perform, for the above named Work, basic professional
services as hereinafter set forth.
ARTICLE 2.
2.1 The Ovner agrees to pay the A-E, as compensation for his basic services,
percent of the construction cost of the Project. The basic service
fee shall not exceed the maximum as provided by the General Appropriation Act.
2.2 The A-E basic services are those normal and usual services necessary or
convenient to the design and construction phases of a Project, for which
percentage fees can be predetermined. These services are further defined but
not limited by Article 3.
2.3 Definition of "construction cost" is included in Article 8. The times
and further conditions of payment shall be as described in Article 7.
* A-E compensation will be based on hourly costs with a multiplier
of 2.75.
24
ARTICLE 3. SERVICES OF THE A-E
3.1 PRELIMINARY PLAN DEVELOPMENT PHASE
3.1.1 The A-E shall confer with the Owner to ascertain the requirements and
limitations of the Project and inspect the Project site or sites.
3.1.2 The A-E shall review the scope and assist the Owner in the Owner's work
of providing the necessary topographic or boundary surveys, aerial surveys,
as-builts, soil surveys, etc.
3.1.3 The A-E shall prepare the Preliminary Plan Documents consisting of
plans, elevations and other drawings, and outline specifications, to fix and
illustrate the size and character of the entire Project in its essentials as
to kinds of materials, type of structure, mechanical and electrical systems
and such other Work as may be required.
3.1.4 The Preliminary Plan Documents must contain a statement of the probable
Project cost which includes estimated basic construction cost, contingency in
construction Contract, Owner's services, estimated total construction cost,
architect's fee, equipment cost, and the total Project cost. A separate
estimated cost of each alternative should also be provided. If such estimated
cost exceeds the fixed limit of construction cost stated above, the A-E shall
consult with the Owner's representative so that revisions can be made to
reduce the cost as required. Alternate bids may be used as required to obtain
flexibility in the range of quotations offered.
25
3.1.5 The A-E shall employ only those consulting firms for structural,
mechanical or other portions of the Work which have been approved by the
Owner. Those engineering or architectural firms employed by the A-E shall
comply virh the terms of the Texas Engineering Practice Act, Article 327LA,
Vernon's Annotated Texas Statutes and the Texas Architect Practice Act,
Article 249A, Vernon's Annotated Texas Statutes, and shall be employed on a
total service agreement.
3.1.6 In the event the Project consists of a new building or buildings, the
A-E shall prepare a perspective drawing or model (at the option of the A-E),
unless specified by the Owner, of the Project showing sufficient detail to
illustrate the general character and scale of the Project.
3.1.7 The Preliminary Plan Documents must be approved at a meeting of the
Board of Regents. For review purposes, the A-E shall provide thirty (30)
draft copies of the Preliminary Plan Documents to the University
Administration at least four weeks prior to the meeting of the Board of
Regents. At the option of the Owner, the A-E may be required to attend the
Regent's meeting to discuss the proposed Preliminary Plan Documents.
3.2 DETAIL PLANS AND CONSTRUCTION DOCUHENTS PHASE
3.2.1 The A-E shall prepare, from the approved Preliminary Plan Documents,
working Drawings and Specifications setting forth in detail the requirements
for the construction of the entire Project including the necessary bidding
26
information, and shall assist in the preparation of bidding forms, the
conditions of the Contract, and . the form of agreement between the Owner and
the Contractor.
3.2.2 The A-E shall advise the Owner of any adjustments to previous
Statements of Probable Construction Cost indicated by changes in requirements
or general market conditions.
3.2.3 The A-E shall assist the Owner in filing the required documents for the
approval of governmental authorities having jurisdiction over the Project.
3.2.4 Before they are finalized, the A-E will assure that the University
adainistration and the Board have at least three weeks to review and approve
the Plans, Specifications, Notices to Bidders, and Proposal forms required for
bidding and construction.
3.2.5 The A-E shall furnish to the Owner, Contractor, Subcontractor and
Suppliers all necessary copies of the approved Plans, Specifications, Notices
to Bidders and Proposal forms required for bidding and construction. (The
Owner will require five complete copies of the Plans and Specifications for
review and permanent files and five copies of the Specifications complete with
executed Bid Proposal, Contract and bonds.) If the Plan and Specification
requiremants exceed fifty (50) sets, all additional requirements will be
considered additional services.
27
3.3 BIDDING OR NEGOTIATION PHASE
3.3.1 The A-E, 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 in awarding construction
Contracts. The A-E shall recommend in writing to the Owner the award of a
construction contract to a particular contractor or the rejection of all of
the bids.
3.4 CONSTRUCTION PHASE
3.4.1 The A-E shall at all times have access to the Work wherever it is in
preparation or progress.
3.4.2 The A-E shall make such periodic visits to the site as are necessary to
fa=iliarize himself generally with the progress and quality of the Work and to
determine if the Work is proceeding in accordance with the Contract Documents.
On the basis of his on-site observations as an A-E, he shall notify the Owner
or take such other steps to guard the Owner against defects and deficiencies
in the Work of the Contractor. The A-E shall conduct periodic visits, at key
times during construction; the Owner may request an inspection at any time,
the total number of such inspections averaging not more than one inspection
per week during the construction phase. The A-E shall not be responsible for
construction means, methods, techniques, sequences or procedure, or for safety
precautions and programs in connection with the Work, and the A-E shall not be
responsible for the Contractor's failure to carry out his responsibilities to
28
the Owner, but shaH be responsible for determining that the Hork „ ,_
accordance Co the Plans and Specifications.
3.4.3 Based on observations of construction progress at th. site and on .
review of the Contractor's Parent Reouest, the A-E shall ma*, recommendations
relative to Process Parents and shaH submit monthly reports to the Owner
covering :he general progress of the Hork.
3.*.* Ih. A-E shaU review, approve, and comment, where necessary, on Shop
Drawings, sables and other submissions of che Concractor
conforming to general Project concept.
3.4.5 Tne A-E shall review Change Orders and aake reconnnendation* to the
Owner.
3.4.6 The A-E shall conduct inspections to determine the dates of substantial
completion and final completion. A-E shall also conduct inspections upon
reouest during the period of on. year fro, the date of final completion for
the purpose of advising Owner with regard to the Contractor's warranties of
materials and workmanship.
3.4.7 Dpon receipt of notification by the Contractor that th. Bork has be.n
computed, th. A-E shall conduct an inspection, to b. performed by the
appropriate members of his staff and his professional affiliates to determine,
to the best of the A-E's knowledge, information, and belief, that the ?,rk is
completed in accordance with the Construction Documents. As a result of this
29
inspection, the A-E shall prepare a list of items needing correction. After
the Contractor has performed the required corrections, the A-E shall notify
the Owner in writing. The A-E and his professional affiliates shall accompany
the Owner's representative on the Final Inspection to review the total Work as
to its completion.
3.4.8 Upon completion of the construction, the A-E shall make reasonable
changes in the original tracings to serve as Record Drawings for the Work, and
shall forward a set of reproducible drawings (not sepias) including one set of
marked Specifications to the Owner to serve as Record Drawings.
ARTICLE 4. ADDITIONAL SERVICES
4.1 Services are sometimes required of the A-E which are not included as part
of the Basic Services described in Article 3. If additional services are
required, they shall be provided by the Owner, contracted separately, or
authorized in writing to be performed by the A-E and paid for separately by
the Owner as hereinafter provided. Added services could include Work normally
provided by the Owner (ARTICLE 5) but assigned to the A-E, and services such
as the following:
4.1.1 Providing financial feasibility, appraisals, rate studies, or. other
special economic studies.
4.1.2 Providing master planning surveys.
30
4.1.3 Making measured drawings of existing construction when required for
planning additions or alterations thereto.
4.1.4 Providing interior design and other services required for or in
connection with the selection of furniture and furnishings, unless mutually
agreed to be an item included in the construction Contract.
4.1.5 Providing services as an expert witness at the request of the Owner in
connection with any public hearing arbitration proceeding, or the proceeding
of a court.
4.1.6 Providing design services relative to future facilities which are not
intended to be part of the Project.
4.2 Any additional service cost shall be agreed to and authorized in writing
by the Owner before the Work is performed. The A-E will be compensated for
authorized additional service at actual salary cost times 2.75 for an
personnel, actual cost plus ° ■ % for consulting services and actual cost
plus 10 % for reimbursable expenses.
ARTICLE 5. THE OWNER'S RESPONSIBILITIES
5.1 The Owner shall provide initial program information regarding his
requirements for the Project (space and user requirements, budget limitations
and scheduling, etc.).
31
5.2 The Owner or his authorized representative shall ex^ine documents,
spitted by the A-E and shall render decisions pertaining thereto promptly!
to avoid unreasonable delay in the progress of the A-E's work.
5.3 When required for the Project, the Owner shall furnish to the A-E
complete and accurate boundary surveys' and topographic maps giving, as
applicable, grades and lines of streets and other physical features, both on
and adjoining site, boundaries and contours of land, rights-of-way,
restriction, easements, deed restrictions, locations, dimensions and complete
data pertaining to existing buildings, location of trees, and full information
concerning available utility services, public and private.
5.4 The Owner shall provide soil borings and laboratory testing services,
including required test interpretations, test data and reports.
5.5 The services, information, surveys and reports required by paragraphs 5.3
through 5.4 inclusive, shall be furnished at the Owner's expense, and the A-E
shall be entitled to rely on the accuracy thereof. The Owner may. at his
option, request that the A-E provide services under 5.3 and 5.4. and reimburse
the A-E for expenses.
5.6 The Owner shall furnish the A-E, when available and applicable, copies of
Owner's Standard General Conditions, Contract Forms. Bond Forms, bidding
information and instructions, minimum wage rates for inclusion in the
Specifications, and design and construction standards of the Owner.
10
32
ARTICLE 6. REVISION OF DRAWINGS AND SPECIFICATIONS
6.1 The A-E shall prepare Construction Documents containing such provisions
which will permit the Owner to obtain a bona fide bid within the "fixed licit
of Construction Cost." In the event the lowest acceptable bid exceeds the
-fixed limit of Construction Cost," and if the Owner does not see fit to allot
additional funds, the A-E agrees to revise the Construction Documents without
additional charge to the Owner, as may be necessary to bring, the Construction
Cost within the "fixed limit of Construction Cost."
6.2 Since a "fixed limit of Construction Cost" is stated herein, an estimate
of cost prepared in detail form shall be provided by the A-E during the
Preliminary Plan Phase. If this estimate, at any stage, exceeds the stated
"fixed limit of Construction Cost" (including contingencies), the Owner.shall
revise the progrssr, scope or quality, or combination of these, and the A-S
shall revise the Construction Documents (at no added charge to the Owner) as
may be necessary to bring the construction cost within the "fixed limit of
Construction Cost". The A-E may include alternate bids in the Construction
Documents as a means of adjusting the construction cost to the fixed limit.
If the Owner requests alternates to be designed which by estimate exceed the
fixed limit of construction cost and those alternates, or parts thereof, are
not constructed, then the A-E shall be compensated at the percentage fee
designated, based on the low bid received.
6.3 The A-E shall be equitably compensated for added services to expenses
arising from conceptual revisions required by the owner of plans previously
11
33
s
approved by the Owner or from delays imposed by causes not within the A-E'
control, such as the delinquency or insolvency of construction contractors.
ARTICLE 7. PAYMENTS TO THE A-E
7.1 Payments of basic percentage fees shall be made monthly in proportion to
the services performed according to the following percentages, at the
completion and acceptance of each phase of the Work.
7.1.1 Preliminary Plan Phase 25%
7.1.2 Detail Plans and Construction Documents Phase 70%
7.1.3 Bidding or Negotiation Phase 80%
(If Construction Documents are revised after receipt of
bids, as per ARTICLE 6.1, the payments to the A-E shall
aggregate no more than 70% until a bona fide bid is
received within the fixed-limit of construction, or until
the Owner approved added allocation of funds, at which
tine the' fees" shall aggregate to 80%.)
7.1.4 Construction Phase " 100%
(To be paid upon monthly statements based on percentage
of completion of construction Contract.)
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7.2 No deduction shall be made from the A-E's compensation on account of
penalty, liquidated damages or other suns withheld from payment to the
Contractors.
7.3 If any Work designed or specified by the A-E is abandoned or suspended,
in whole or in part, the A-E is to be paid for services performed to the point
of abandonment or suspensions provided that such abandonment or suspension is
not caused by the negligence of the A-E.
ARTICLE 8. CONSTRUCTION COST
8.1 Construction Cost, to be used as a basis for determining the basic fees,
shall be the total cost of Project facilities authorized and handled by the A-E
in each separate phase of the Project, with precedence in the order listed:
8.1.1 Completed construction shall be the total cost of all such Work
(including modifications and additions);
8.1.2 Work designed or specified, but not constructed, shall be the lowest
bona fide bid received from a qualified bidder for any or all of such Work;
not to exceed the "fixed-limit of Construction Cost;- or •
8.1.3 Work for which ■ bids are not received, shall be the A-E's latest
Statenent of Probable Construction Cost, not to exceed the -fixed limit of
Construction Cost."
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8.2 Construction Cost does not include the fees of the A-E and his
consultants, the cost of the land, rights-of-way, or other costs which are the
responsibility of the Owner such as legal, accounting, etc.
8.3 Project labor furnished by the Owner shall be included in the
Construction Cost at current market rates. Materials and equipment furnisher!--
by the Owner (designed or specified by the A-E) shall be included at current
market prices, except that used materials and equipment shall be included as
if purchased new for the Project.
ARTICLE 9. TERMINATION OF AGREEMENT
This Agreement may be terminated by either party upon seven (7) calendar days
written notice should the other party fail substantially to perform in
accordance with its terms through no fault of the other. In the event of
termination which is not the fault of the A-E, the A-E shall be paid for
services performed to termination date. The A-E shall then collect and
arrange all construction data and other information generated to date of
termination and deliver this information to the Owner.
ARTICLE 10. OWNERSHIP OF DOCUMENTS'
10.1 At the completion or termination of services performed for this Project
by the A-E, a clear set of reproducible drawings (not sepias) and one printed
copy of the Specifications, marked Record Drawings, shall be delivered to the
Owner.
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10.2 It is understood however that the A-E is preparing documents for a
specific installation, rather than standard documents for repetitive, multiple
use in other locations. Therefore, neither the Owner nor the A-E shall later
use the content of these documents as a whole or in substantial part, for
other Projects, without mutual agreement as to the use of the documents.
10.3 If the A-E does not have a full-time Project Representative during the
Construction Phase, the Owner will require an insertion in the Specifications
by the A-E, that the General Contractor keep a set of prints on the job and
appropriately indicate changes made during construction.
ARTICLE 11. SUCCESSORS AND ASSIGNS
11.1 The Owner and the A-E each binds himself, his partners, successors,
assigns and legal representatives to the other party to this Agreement and to
the partners, successors, assigns and legal representatives of such other
part^r in respect to all covenants of this Agreement. Neither the Owner nor
the A-E shall assign, sublet or transfer his interest in this Agreement
without the written consent of the other.
11.2 The obligations and undertakings of each of the parties to this
Agreement shall be performable at Nacogdoches Nacogdoches County,
Texas./Fort Worth, Tarrant County, Texas
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have been made by any party, or anyone acting on behalf of any party, which
are not included herein, and that no other agreement, statement, or promise
not contained in this Agreement, shall be valid or binding,
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IN WITNiSS WHEREOF, the parties hereto have made and executed this Agreement,
the day and year first above written.
ATTEST: Friberg Associates Inc.
Firm or Agency
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Secretary Principal : Bobby G. Alexander
Vice President
Seal (if incorporated)
Examined, Approved, and Recommended:
President
Stephen F. Austin State University
Board of Regents
Stephen F. Austin State University
Chairman, Board of Regents
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