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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.) 12 34 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." 13 35 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. 14 36 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 15 37 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, 17 38 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 2^ 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 18
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Title | Minutes of the Board of Regents of Stephen F. Austin State University. 1990, Volume No. 96 |
Subject |
Meetings Universities & colleges Stephen F. Austin State University |
Description | January 23, 1990, Volume No. 96 |
Date | 1990-01-23 |
Contributors | 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 |
Repository | East Texas Research Center |
Associated Dates | 1990-1999 |
Type | Publication |
Format | |
Rights | This item may be protected under Title 17 of the U.S. Copyright Law. It is available for non-commercial research and education. For permission to publish or reproduce, please contact the East Texas Research Center at asketrc@sfasu.edu |
Transcript | 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.) 12 34 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." 13 35 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. 14 36 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 15 37 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, 17 38 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 2^ 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 18 |
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