Minutes of Board of Regents of Stephen F. Austin State University. 1975, Volume No. 28

              MINUTES OF
Board of Regents
of
Stephen F. Austin State University
VOLUME NO. 28
April 26, 1975
Nacogdoches, Texas
INDEX
Minutes of the Meeting
Stephen F. Austin State University
Board of Regents
held in Nacogdoches, Texas
VOLUME NO. 28
April 26, 1975
Page
74-131 Election of Chairman 28-2
74-132 Election of Vice Chairman 28-2
74-133 Election of Secretary 28-2
74-134 Approval of Minutes 28-2
74-135 Appointment of Executive, Finance, Building, fT
Employment Policies Committees 28-2
74-136 Authority to Request Attorney General for Legal
Counsel $ Liability Insurance for Board 28-2
74-137 Amendment to Board Policy (Selection of University
President, Vice Presidents, § Athletic Director) 28-2
74-138 Summer School Faculty 5 Staff Elections 28-3
74-139 1975-76 Faculty & Staff Elections 28-3
74-140 Faculty § Staff Appointments 28-3
74-141 Acceptance of Resignations 28-4
74-142 Terminations of Employment 28-5
74-143 Changes in Status 28-5
74-144 Leaves of Absence § Returns from Leave 28-6
74-145 Retirements 28-7
74-146 Promotions 28-7
74-147 Approval of 1974-75 Budget Revisions 28-9
74-148 Approval of Changes in Room § Board Rates for
1975-76 28-9
74-149 Approval of Architectural Contract (Kent-Marsellos-
Scott) 28-11
74-150 Approval of Architectural Contract (Kent-Marsellos-
Scott) 28-34
74-151 Approval of Engineering Services Contract (Love,
Friberg and Associates) 28-57
74-152 Approval of Contract (Harold James, Inc.) 28-65
74-153 Change Order No. 1 - Stadium Parking Lot
Referral to Building Committee for Approval 28-77
74-154 Change Order No. 2 - Stadium Parking Lot
Referral to Building Committee for Approval 28-77
74-155 Approval of Change Order No. 3 - Storm Water Systems 28-77
74-156 Approval of Change Order No. 3 - Coliseum 28-77
74-157 Change Order No. 4 - Coliseum
Referral to Building Committee for Approval 28-77
74-158 Signature Authorization for Purchase of Alcohol 28-77
74-159 Approval of Pay Telephones 28-78
74-160 Approval to Construct Sidewalks 28-78
INDEX
(continued)
Page
74-161 Approval to Renovate Pneumatic Control
Systems 28-78
74-162 Approval of 1974-75 Budget Adjustments 28-78
74-163 Approval of Contract - Tyner Company 28-78
74-164 Approval for C. G. Haas to attend 1975
Institute at Harvard University 28-82
74-165 Naming of Science Auditorium 28-82
74-166 Approval of Amendment to Rules § Regulations 28-82
74-167 Approval of Curriculum Changes 28-83
MINUTES OF THE MEETING
BOARD OF REGENTS
STEPHEN F. AUSTIN STATE UNIVERSITY
HELD IN NACOGDOCHES, TEXAS
April 26, 1975
The meeting was called to order by Walter C. Todd, Chairman
of the Board of Regents, at 10:00 a.m. April 26, 1975.
PRESENT:
Members: Walter C. Todd of Dallas
Robert C. Gray of Austin
Glenn Justice of Dallas
Homer Bryce of Henderson
Ernest Powers of Carthage
James I. Perkins of Rusk
Mrs. George Cullum, Jr. of Dallas
Joe Bob Golden of Jasper
Mrs. Peggy Wedgeworth Wright of Nacogdoches
PRESENT: C. G. Haas, Secretary to the Board
Dr. R. W. Steen, President of the University
74-131
Upon motion of Regent Cullum, seconded by Regent Gray, with all members
voting aye, it was ordered that Regent Todd be elected as Chairman of
the Board.
74-132
Upon motion of Regent Wright, seconded by Regent Justice, with all mem
bers voting aye, it was ordered that Regent Gray be elected as Vice Chair
man of the Board.
74-133
Upon motion of Regent Bryce, seconded by Regent Cullum, with all members
voting aye, it was ordered that C. G. Haas be elected as Secretary to
the Board.
74-134
Upon motion of Regent Justice, seconded by Regent Gray, with all members
voting aye, it was ordered that the minutes of January 25, 1975, and the
called meeting of February 7, 1975, be approved.
74-135
Upon motion of Regent Perkins, seconded by Regent Powers, with all members
voting aye, it was ordered that the Executive, Finance, Building, and
Employment Policies Committees within the Board be appointed.
EXECUTIVE COMMITTEE BUILDING COMMITTEE
Powers Gray
Wright Cullum
Perkins Golden
Bryce Bryce
FINANCE COMMITTEE EMPLOYMENT POLICIES
Justice Perkins
Wright Golden
Perkins Powers
Bryce Bryce
74-136
Upon motion of Regent Perkins, seconded by Regent Wright, with all members
voting aye, it was ordered that the University be requested to (1) ask
the Attorney General for authority to hire legal counsel on behalf of
the Board and the University, and (2) find out from the Attorney General
if the University could obtain and pay for liability insurance covering
the members of the Board of Regents.
74-137
Upon motion of Regent Bryce, seconded by Regent Perkins, with all members
voting aye, it was ordered that the Board policies will be amended to
cause the Board to participate in the selection of the University President,
the Vice Presidents, and the Athletic Director prior to the obligating of
those positions to new incumbents.
28-2
74-138
Upon motion of Regent Justice, seconded by Regent Gray, with all members
voting aye, it was ordered that the 1975 Summer School Faculty and Staff
appointments as submitted under separate cover be approved.
74-139
Upon motion of Regent Perkins, seconded by Regent Powers, with all members
voting aye, it was ordered that the 1975-76 Faculty and Staff appointments
as submitted under separate cover be approved.
74-140
Upon motion of Regent Perkins, seconded by Regent Bryce, with all members
voting aye, it was ordered that the following individuals be employed for
the positions, dates and salaries indicated;
1. Department of Agriculture
Dr. J. Leon Young, 28, Ph.D. (Iowa State University), Assistant
Professor Agriculture and Director of Soils Laboratory at a salary
rate of $16,000 for twelve months, effective Fall Semester, 1975.
2. Department of Art
Mr. Piero Fenci, 30, M.F.A. (New York State College of Ceramics),
Assistant Professor of Art at a salary rate of $12,500 for nine months,
effective Fall Semester, 1975.
3. School of Forestry
Mr. Robert Webb, 50, M.F. (Yale University), Lecturer (one-quarter
time) of Forestry at a salary rate of $1,362 for the Spring Semester,
1975, only.
4. Department of Management
Dr. William Ervin Wright, 52, Ph.D. (North Texas State University),
Assistant Professor of Management at a salary rate of $15,200 for nine
months, effective Fall Semester, 1975.
5. Department of Psychology
Dr. David Michael Goldstein, 31, Ph.D. (University of Connecticut),
Assistant Professor of Psychology at a salary rate of $13,000 for nine
months, effective Fall Semester, 1975.
6. Department of School Services
Dr. William Cecil Doyle, 39, Ed.D. (Texas Tech University), Assistant
Professor of School Services at a salary rate of $13,000 for nine
months, effective first summer session, 1975.
7. Department of Secondary Education
Ms. Donnya Elle Stephens, 34, M.Ed. (Stephen F. Austin State University),
Instructor of Secondary Education at a salary rate of $12,500 for nine
months, effective Fall. Semester, 1975.
28-3
8. Division of Applied Arts and Sciences
Mr. Stephen H. Bancroft, 29, M.Div. (Virginia Theological Seminary),
Instructor (one-quarter time) in the Division of Applied Arts and
Sciences at a salary rate of $900 for the Spring Semester, 1975, only.
Mr. Newel Holland, 44, M.Ed. (Stephen F. Austin State University),
Instructor (one-third time) in the Division of Applied Arts and
Sciences at a salary rate of $1,800 for the Spring Semester, 1975,
only.
Dr. Jerry M. Self, 37, Th.D. (Southwestern Baptist Theological
Seminary), Instructor (one-quarter time) in the Division of Applied
Arts and Sciences at a salary rate of $900 for the Spring Semester,
1975, only.
9. University Computer Center
Mr. Larry T. Copeland, 25, B.S. (Stephen F. Austin State University),
Computer Operator, at a salary rate of $8,973 for twelve months,
effective February 3, 1975.
Mr. Fred Fisher, 33, M.S. (Texas Christian University), Manager of
Operations at a salary rate of $16,500 for twelve months, effective
January 27, 1975.
74-141
Upon motion of Regent Justice, seconded by Regent Perkins, with all members
voting aye, it was ordered that the following resignations be accepted:
1. Department of Art
Ms. Emma Corcoran, Assistant Professor of Art, effective May 31,
1975. Ms. Corcoran1s reemployment for the Fall Semester, 1975, is con
tingent upon her completion of the Ph.D. degree by July 1, 1975.
2. Department of English and Philosophy
Ms. Frances Sue Tullos, Instructor of English, effective May 31,
1975. Ms. Tullos resigned for personal reasons.
3. Department of Elementary Education
Dr. Janette K. Staton, Assistant Professor of Elementary Education,
effective May 31, 1975. Dr. Staton resigned for personal reasons.
4. Department of Modern Languages
Mr. Will B. Barclay, Assistant Professor of Modern Languages, ef
fective May 31, 1975. Mr. Barclay resigned to seek other employment.
Dr. Albrecht Giese, Associate Professor of Modern Languages,
effective May 31, 1975. The contract for Dr. Giese is not being re
newed due to the necessity for this department to reduce its staff.
28-4
5. Department of Music
Mr. Randall Reese, Instructor of Music, effective May 31, 1975. Mr.
Reese has completed his temporary assignment.
6. Department of School Services
Mr. William Weber, Assistant Professor of School Services, effective
May 31, 1975. Mr. Weber has completed his temporary assignment.
7. Department of Sociology
Ms. Roberta McGonagle, Instructor of Sociology, effective May 31,
1975. Ms. McGonagle is resigning to accept employment elsewhere.
8. Athletics
Mr. John Levra, Athletic Director and Head Football Coach, effective
March 13, 1975. Mr. Levra has accepted employment elsewhere.
74-142
Upon motion of Regent Bryce, seconded by Regent Perkins, with all members
voting aye, it was ordered that the contracts of the following persons not be
renewed:
1 . Department of Art
Dr. Richard Hillis , Assistant Professor of Art, effective May 31, 1975.
The contract for Dr. Hillis is not being renewed at the option of the de
partment.
2. Department of General Business
Dr. Martha Brown, Associate Professor of General Business, effective
May 31, 1975. The contract for Dr. Brown is not being renewed at the
option of the Department.
74-143.
Upon motion of Regent Perkins, seconded by Regent Bryce, with all members
voting aye, it was ordered that the following changes in status be approved:
1. Athletics
Mr. Richard C. Munzinger, 39, from Assistant Football Coach, Tennis
Coach, and Instructor of Men's HPE to Athletic Director and Head Football
Coach, at a salary rate of $19,000 for twelve months, effective Febru
ary 25, 1975.
2. Student Affairs Division
Mr. Sidney C; Jones, 60, from Chief, University Police Department, to
Traffic and Parking Coordinator, University Police Department, effective
September 1 , 1975 .
28-5
Mr. 0. D. Sterns, 32, from Custodial Worker I at a salary rate of
$2.41 per hour to Patrolman, University Police Department, at a
salary rate of $7,250 for twelve months, effective March 1, 1975.
Mr. Ben Wright, 42, from Sergeant, University Police Department,
to Chief, University Police Department, effective September 1, 1975.
74-144
Upon motion of Regent Justice, seconded by Regent Cullum, with all members
voting aye, it was ordered that the following requests for leave and re
turns from leave of absence be granted:
Requests for Leave:
1. Department of Geology
Dr. Don R. Anderson, Assistant Professor of Geology, for the
1975-76 academic year in order to devote full time to a petroleum
research project.
2. Department of Home Economics
Ms. Lydia Roper, Instructor of Home Economics, for the 1975-76 aca
demic year in order to fulfill residency requirements toward a doctoral
degree.
Returns from Leave:
1. Department of English and Philosophy
Dr. Sidney Bellamy, Assistant Professor of English, effective Fall
Semester, 1975. Dr. Bellamy was a visiting professor at the Uni
versity of Cologne.
2. Department of Home Economics
Miss Mary McKinney, Instructor of Home Economics, effective Fall
Semester, 1975. Miss McKinney has been enrolled full time in a
doctoral program at Texas Woman's University.
3. Department of Music
Mr. Stephen K. Goacher, Instructor of Music, effective Fall Semester,
1975. Mr. Goacher has been enrolled full time in an approved doctoral
program.
4. Department of School Services
Ms. Ida Baty Anderson, Instructor of School Services, effective Fall
Semester, 1975. Ms. Anderson has been enrolled full time in an ap
proved doctoral program.
28-6
74-145
Upon motion of Regent Gray, seconded by Regent Wright, with all members
voting aye, it was ordered that the following retirements be accepted:
1. Department of Art
Dr. Karl T. Schlicher, Professor of Art, effective May 31, 1975.
2. Department of Modern Languages
Ms. Elizabeth Davis, Associate Professor of Modern Languages,
effective May 31, 1975.
3. Physical Plant
Mr. John E. Stringer, Plumbing Foreman, effective February 28, 1975.
74-146
Upon motion of Regent Bryce, seconded by Regent Wright, with all members
voting aye, it was ordered that the following promotions be approved:
1. Department of Agriculture
Dr. Talib A. Alhashimi, from Assistant Professor to Associate Pro
fessor of Agriculture, effective Fall Semester, 1975. Dr. Alhashimi
has completed the requirements for promotion and has been recommended
by his department head and dean.
2. Department of Art
Mr. Reesman S. Kennedy, from Associate Professor to Professor of
Art, effective Fall Semester, 1975. Mr. Kennedy has completed the
requirements for promotion and has been recommended by his department
head and dean.
3. Department of Communication
Dr. Michael N. Roach, from Assistant Professor to Associate Pro
fessor of Communication, effective Fall Semester, 1975. Dr. Roach
has completed the requirements for promotion and has been recom
mended by his department head and dean.
4. Department of Elementary Education
Dr. Don Fare, from Associate Professor to Professor of Elementary
Education, effective Fall Semester, 1975. Dr. Fare has completed the
requirements for promotion and has been recommended by his department
head and dean.
Dr. Jerry L. Irons, from Associate Professor to Professor of
Elementary Education, effective Fall Semester, 1975. Dr. Irons has
completed the requirements for promotion and has been recommended
by his department head and dean.
28-7
5. School of Forestry
Dr. Leonard F. Burkart, from Associate Professor to Professor of
Forestry, effective Fall Semester, 1975. Dr. Burkart has completed
the requirements for promotion and has been recommended by his dean.
Dr. Kenneth G. Watterston, from Associate Professor to Professor
of Forestry, effective Fall Semester, 1975. Dr. Watterston has
completed the requirements for promotion and has been recommended
by his dean.
Dr. Ray R. Hicks, Jr., from Assistant Professor to Associate
Professor of Forestry, effective Fall Semester, 1975. Dr. Hicks
has completed the requirements for promotion and has been recommended
by his dean.
6. Department of General Business
Dr. Conway Rucks, from Assistant Professor to Associate Professor
of General Business, effective Fall Semester, 1975. Dr. Rucks has
completed the requirements for promotion and has been recommended
by his department head and dean.
7. Department of History
Dr. William J. Brophy, from Assistant Professor to Associate
Professor of History, effective Fall Semester, 1975. Dr. Brophy has
completed the requirements for promotion and has been recommended by his
department head and dean.
8. Department of Music
Dr. William T. Young, from Associate Professor to Professor of
Music, effective Fall Semester, 1975. Dr. Young has completed the
requirements for promotion and has been recommended by his department
head and dean.
9. Department of Psychology
Dr. John E. Anson, from Assistant Professor to Associate Professor
of Psychology, effective Fall Semester, 1975. Dr. Anson has completed
the requirements for promotion and has been recommended by his depart
ment head and dean.
10. Department of Secondary Education
Dr. Langston Kerry, from Assistant Professor of Secondary Education
to Associate Professor of Secondary Education, effective Fall Semester,
1975. Dr. Kerr has completed the requirements for promotion and has
been recommended by his department head and dean.
28-8
74-147
Upon motion of Regent Bryce, seconded by Regent Justice, with all members
voting aye, it was ordered that the following 1974-75 budget revisions be
approved:
Education and General Salaries S Wages
Account 1000 General Administration Salaries $ 19,712.00
Account 1002 Teaching Salaries 292,097.00
Account 1004 Other Salaries 5 Wages 111,233.00
Total Estimate to be Received from State Appropriations $ 491,000.00
Non-Pledged Auxiliary Enterprises
Account 5000 Salaries § Wages $ 15,807.00
Pledged Properties
Account 5002 Salaries § Wages $ 89,838.00
74-148
Upon motion of Regent Perkins, seconded by Regent Wright, with all members
voting aye, it was ordered that the following room and board rates for
1975-76 be approved:
(See Page 10)
28-9
10
Dormitory
No. and Name
1 Unit 1
2 Unit 2
3 Unit 3
5 Wisely Hall
7 Todd Hall
8 Gibbs Hall
9 North Dorm
10 Dorm 10
11 Mays Hall
12 South Dorm
13 Dorm 13
14 Dorm 14
15 Griffith Hall
16 Dorm 16
17 Steen Hall
18 Kerr Hall
Summer Term
Fall or Spring Semester W/7 day, 20
W/5 day, 15 meals W/7 day, 13 meals W/7 day, 20 meal? meals (6 wks.)
$465.00
465.00
465.00
465.00
510.00
465.00
510.00
510.00
465.00
510.00
510.00
510.00
510.00
510.00
510.00
510.00
$465.00
465.00
465.00
465.00
510.00
465.00
510.00
510.00
465.00
510.00
510.00
510.00
510.00
510.00
510.00
510.00
Apartments (without meals)
Nos.
D. 19
Fac.
1-70
74 - 96
127 - 166
200 - 299
1 - 133
1 - 16
Rent for Month*
$ 77.50
93.50
93.50
105.00
137.50
145.00
*Apartment rent includes utilities, television cable; excludes telephone
For Accounting Purposes Only:
Meals $295.00
Rooms (1.2,3,5,8,11) 170.00
(7,9,10,12-18) 215.00
Increase over 1974-75 - average of 10%
28-10
11
74-149
Upon motion of Regent Bryce, seconded by Regent Perkins, with all members
voting aye, it was ordered that the Architectural-Engineering Services
Agreement with Kent-Marsellos-Scott for the design and supervision of
certain storm water systems improvements be approved and the Chairman of
the Board be authorized to sign the contract:
28-11
12
CONTRACT FOR ARCHITECTURAL SERVICES
CITY OF NACOGDOCHES
THE STATE OF TEXAS
COUNTY OF NACOGDOCHES
THIS AGREEMENT made as of the Twenty Sixth day of April in
the year Nineteen Hundred and Seventy Five and between the BOARD OF
REGENTS STEPHEN F. AUSTIN STATE UNIVERSITY, NACOGDOCHES,
TEXAS acting herein by and through its President, hereinafter called the Owner,
and KENT-MARSELLOS-SCOTT, ARCHITECTS-ENGINEERS, Lufkin, Texas
hereinafter called the Architect.
WITNESSETH, whereas the Owner intends to erect on the campus of
Stephen F. Austin State University, Nacogdoches, Texas, STORM WATER DRAINAGE
SYSTEM IMPROVEMENT, PROJECT hereinafter called the Project.
NOW, THEREFORE, the Owner and the Architect for the considerations
hereinafter set forth agree as follows:
I. The Architect shall provide professional services for the Project in
accordance with the Terms and Conditions of this Agreement.
II. The Owner shall compensate the Architect in accordance with the
Terms and Conditions of this Agreement as follows:
a) For the Architect's Basic Services, as described in Para
graph 1.1; Ten Per Cent (10.0%) of the project construction
cost; hereinafter referred to as the Basic Rate; and such
28-12
13
other payments and reimbursements as may hereinafter
be provided, but all such payments and every payment
herein provided shall be from Auxiliary Enterprise Surplus
Funds and Student Fee Bond Proceeds
and other funds available to the Owner for expenditure
for the use and benefit of Stephen F. Austin State University.
b) For the Architect's Additional Services as described in
Paragraph 1.3 Compensation for Principals, employees,
and consultants time as agreed upon between the Owner
and the Architect.
c) For the Architect's Reimbursable Expenses, amounts
expended as defined in Article 5.
HI. The Architect and the Owner further agree to the following Terms
and Conditions:
ARTICLE 1
ARCHITECT'S SERVICES
1.1 BASIC SERVICES
The Architect's Basic Services consist of the five phases described
below and include normal structural, mechanical and electrical engi
neering services and any other services included in Article 14 as
Basic Services.
28-13
14
SCHEMATIC DESIGN PHASE
1.1.1 The Architect shall review the program furnished by the Owner to
ascertain the requirements of the Project and shall confirm such re
quirements to the Owner.
1.1.2 Based on the mutually agreed upon program, the Architect shall pre
pare Schematic Design Studies consisting of drawings and other docu
ments illustrating the scale and relationship of Project components for
approval by the Owner.
1.1.3 The Architect shall submit to the Owner a Statement of Probable Con
struction Cost based on current area, volume or other unit costs.
DESIGN DEVELOPMENT PHASE
1.1.4 The Architect shall prepare from the approved Schematic Design Studies,
for approval by the Owner, the Design Development Documents consist
ing of drawings and other documents to fix and describe the size and
character of the entire Project as to structural, mechanical and electri
cal systems, materials and such other essentials as may be appropriate.
1.1.5 The Architect shall submit to the Owner a further Statement of Prob
able Construction Cost.
CONSTRUCTION DOCUMENTS PHASE
1.1.6 The Architect shall prepare from the approved Design Development
Documents, for approval by the Owner, Drawings and Specifications
setting forth in detail the requirements for the construction of the
28-14
15
entire Project including the necessary bidding information, and shall
assist in the preparation of bidding forms, the Conditions of the Con
tract, and the form of Agreement between the Owner and the Contractor,
1.1.7 The Architect shall advise the Owner of any adjustments to previous
Statements of Probable Construction Cost indicated by changes in re
quirements or general market conditions.
1.1.8 The Architect shall assist the Owner in filing the required documents
for the approval of governmental authorities having jurisdiction over
the Project.
BIDDING OR NEGOTIATION PHASE
1.1.9 The Architect, following the Owner's approval of the Construction
Documents and of the latest Statement of Probable Construction Cost,
shall assist the Owner in obtaining bids or negotiated proposals, and
in awarding and preparing construction contracts.
CONSTRUCTION PHASE - ADMINISTRATION OF THE CONSTRUCTION CONTRACT
1.1.10 The Construction Phase will commence with the award of the Construc
tion Contract and will terminate when the final Certificate for Payment
is issued to the Owner.
1.1.11 The Architect shall provide Administration of the Construction Con
tract as set forth in ALA Document A201, General Conditions of the
Contract for Construction, and the extent of his duties and respon
sibilities and the limitations of his authority as assigned thereunder
shall not be modified without his written consent.
28-15
16
1.1.12 The Architect, as the representative of the Owner during the Con
struction phase, shall advise and consult with the Owner and all of
the Owner's instructions to the Contractor shall be issued through
Architect. The Architect shall have authority to act on behalf of the
Owner to the extent provided in the General Conditions unless other
wise modified in writing.
1.1.13 The Architect shall at all times have access to the Work wherever it is
in preparation or progress.
1.1.14 The Architect shall make periodic visits to the site to familiarize him
self generally with the progress and quality of the Work and to deter
mine in general if the Work is proceeding in accordance with the Con
tract Documents. On the basis of his on-site observations as an
architect, he shall endeavor to guard the Owner against defects and
deficiencies in the Work of the Contractor. The Architect shall not be
required to make exhaustive or continuous on-site inspections to check
the quality or quantity of the Work. The Architect shall not be respon
sible for construction means, methods, techniques, sequences or pro
cedures , or for safety precautions and programs in connection with the
Work, and he shall not be responsible for the Contractor's failure to
carry out the Work in accordance with the Contract Documents.
1.1.15 Based on such observations at the site and on the Contractor's Appli
cations for Payment, the Architect shall determine the amount owing to
the Contractor and shall issue Certificates for Payment in such amounts.
28-16
17
The issuance of a Certificate for Payment shall constitute a representa
tion by the Architect to the Owner, based on the Architect's observations
at the site as provided in Subparagraph 1.1.14 and the data comprising
the Application for Payment, that the Work has progressed to the point
indicated; that to the best of the Architect's knowledge, information
and belief, the quality of the Work is in accordance with the Contract
Documents (subject to an evaluation of the Work for conformance with the
Contract Documents upon Substantial Completion, to the results of any
subsequent tests required by the Contract Documents, to minor devia
tions from the Contract Documents correctable prior to completion, and
to any specific qualifications stated in the Certificate for Payment); and
that the Contractor is entitled to payment in the amount certified. By
issuing a Certificate for Payment, the Architect shall not be deemed to
represent that he has made any examination to ascertain how etnd for what
purpose the Contractor has used the moneys paid on account of the Con
tract Sum.
1.1.16 The Architect shall be, in the first instance, the interpreter of the re
quirements of the Contract Documents and the impartial judge of the per
formance thereunder by both the Owner and Contractor. The Architect
shall make decisions on all claims of the Owner or Contractor relating
to the execution and progress of the Work and on all other matters or
questions related thereto. The Architect's decisions in matters relating
to artistic effect shall be final if consistent with the intent of the Con
tract Documents.
28-17
18
1.1.17 The Architect shall have authority to reject Work which does not con
form to the Contract Documents. Whenever, in his reasonable opinion,
he considers it necessary or advisable to insure the proper implemen
tation of the intent of the Contract Documents, he will have authority
to require special inspection or testing of any Work in accordance with
the provisions of the Contract Documents whether or not such Work be
then fabricated, installed or completed.
1.1.18 The Architect shall review and approve shop drawings, samples, and
other submission of the Contractor only for conformance with the design
concept of the Project and for compliance with the information given in
the Contract Documents.
1.1.19 The Architect shall prepare Change Orders.
1.1.20 The Architect shall conduct inspections to determine the Dates of Sub
stantial Completion and final completion, shall receive and review
written guarantees and related documents assembled by the Contractor,
and shall issue a final Certificate for Payment •
1.1.21 The Architect shall not be responsible for the acts or omissions of the
Contractor, or any Subcontractors, or any of the Contractor's or Sub
contractors1 agents or employees, or any other persons performing any
of the Work.
1.2 PROJECT REPRESENTATION BEYOND BASIC SERVICES
1.2.1 If more extensive representation at the site than is described under Sub-paragraphs
1.1.10 through 1.1.21 inclusive is required, and if the
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Owner and Architect agree, the Architect shall provide one or more
Full-Time Project Representatives to assist the Architect.
1.2.2 Such Full-Time Project Representatives shall be selected, employed
and directed by the Architect, and the Architect shall be compensated
therefor as mutually agreed between the Owner and the Architect as
set forth in an exhibit appended to this Agreement.
1.2.3 The duties, responsibilities and limitations of authority of such Full-
Time Project Representatives shall be set forth in an exhibit appended
to this Agreement.
1.2.4 Through the on-site observations by Full-Time Project Representativ
es of the Work in progress, the Architect shall endeavor to provide
further protection for the Owner against defects in the Work, but the
furnishing of such project representation shall not make the Architect
responsible for construction means, methods, techniques, sequences
or procedures, or for safety precautions and programs, or for the
Contractor's failure to perform the Work in accordance with the Con
tract Documents.
1,3 ADDITIONAL SERVICES
The following Services shall be provided when authorized in writing
by the Owner, and they shall be paid for by the Owner as hereinbefore
provided.
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1.3.1 Providing analyses of the Owner's needs, and programming the re
quirements of the Project.
1.3.2 Providing financial feasibility or other special studies.
1.3.3 Providing planning surveys, site evaluations, environmental studies
or comparative studies of prospective sites.
1.3.4 Providing design services relative to future facilities, systems and
equipment which are not intended to be constructed as part of the
Project.
1.3.5 Providing services to investigate existing conditions or facilities or to
make measured drawings thereof, or to verify the accuracy of drawings
or other information furnished by the Owner.
1.3.6 Providing Detailed Estimates of Construction Cost or detailed quantity
surveys or inventories of material, equipment and labor.
1.3.7 Providing services for planning tenant or rental spaces •
1.3.8 Making revisions in Drawings, Specifications or other documents
when such revisions are inconsistent with written approvals or in
structions previously given and are due to causes beyond the control
of the Architect.
1.3.9 Making investigations involving detailed appraisals and valuations of
existing facilities, and surveys or inventories required in connection
with construction performed by the Owner.
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1.3.10 Providing consultation concerning replacement of any Work damaged
by fire or other cause during construction, and furnishing profess
ional services of the type set forth in Paragraph 1.1 as may be required
in connection with the replacement of such Work.
1.3.11 Providing professional services made necessary by the default of the
Contractor or by major defects in the Work of the Contractor in the
performance of the Construction Contract.
1.3.12 Providing extensive assistance in the utilization of any equipment or
system such as initial start-up or testing, adjusting and balancing,
preparation of operation and maintenance manuals, training personnel
for operation and maintenance, and consultation during operation.
1.3.13 Preparing to serve or serving as an expert witness in connection with
any public hearing, arbitration proceeding or legal proceeding.
1. 3 .14 Providing services of professional consultants for other than the
normal structural, mechanical and electrical engineering services for
the Project.
1.3.15 Providing any other services not otherwise included in this Agree
ment or not customarily furnished in accordance with generally accept
ed architectural practice.
ARTICLE 2
THE OWNER'S RESPONSIBILITIES
2.1 The Owner shall provide full information, including a complete pro
gram, regarding his requirements for the Project.
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2.2 The Owner shall designate, when necessary, a representative author
ized to act in his behalf with respect to the Project. The Owner shall
examine documents submitted by the Architect and shall render de
cisions pertaining thereto promptly, to avoid unreasonable delay in
the progress of the Architect's services.
2.3 The Owner shall furnish a certified land survey of the site giving, as
applicable, grades and lines of streets, alleys, pavements and adjoin
ing property; rights-of-way, restrictions, easements, encroachments,
zoning, deed restrictions, boundaries and contours of the site; locations,
dimensions and complete data pertaining to existing buildings, other
improvements and trees; and full information concerning available
service and utility lines both public and private, above and below
grade, including inverts and depths.
2.4 The Owner shall furnish the services of a soils engineer or other con
sultant when such services are deemed necessary by the Architect, in
cluding reports, test borings, test pits, soil bearing values, percola
tion tests, air and water pollution tests, ground corrosion and resistiv
ity tests and other necessary operations for determining subsoil, air
and water conditions, with appropriate professional recommendations.
2.5 The Owner shall furnish structural, mechanical, chemical and other
laboratory tests, inspections and reports as required by law or the
Contract Documents.
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2.6 The Owner shall furnish such legal, accounting, and insurance coun
seling services as may be necessary for the Project, and such audit
ing services as he may require to ascertain how or for what purposes
the Contractor has used the moneys paid to him under the Construction
Contract.
2.7 The services, information, surveys and reports required by Para
graphs 2.3 through 2.6 inclusive shall be furnished at the Owner's
expense, and the Architect shall be entitled to rely upon the accuracy
and completeness thereof.
2.8 If the Owner becomes aware of any default or defect in the Project or
non-conformance with the Contract Documents, he shall give prompt
written notice thereof to the Architect.
2 .9 The Owner shall furnish information required of him as expeditiously
as necessary for the orderly progress of the Work.
ARTICLE 3
CONSTRUCTION COST
3.1 If the Construction Cost is to be used as the basis for determining the
Architect's Compensation for Basic Services, it shall be the total cost
or estimated cost to the Owner of all Work designed or specified by the
Architect. The Construction Cost shall be determined as follows, with
precedence in the order listed:
3.1.1 For completed construction, the cost of all such Work, including costs
of managing construction;
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3.1.2 For Work not constructed, (1) the lowest bona fide bid received from
a qualified bidder for any or all of such Work; or (2) if the Work is
not bid, the bona fide negotiated proposal submitted for any or all of
such Work; or
3.1.3 For Work for which no such bid or proposal is received, (1) the latest
Detailed Estimate of Construction Cost if one is available, or (2) the
latest Statement of Probable Construction Cost.
3.2 Construction Cost does not include the compensation of the Architect
and his consultants, the cost of the land, rights-of-way, or other costs
which are the responsibility of the Owner as provided in Paragraphs
2 . 3 through 2 .6 inclusive.
3.3 The cost of labor, materials and equipment furnished by the Owner for
the Project shall be included in the Construction Cost at current market
rates including a reasonable allowance for overhead and profit.
3.4 Statement of Probable Construction Cost and Detailed Cost Estimates
prepared by the Architect represent his best judgment as a design
professional familiar with the construction industry. It is recognized,
however, that neither the Architect nor the Owner has any control over
the cost of labor, materials or equipment, over the contractors1 methods
of determining bid prices, or over competitive bidding or market con
ditions. Accordingly, the Architect cannot and does not guarantee that
bids will not vary from any Statement of Probable Construction Cost or
other cost estimate prepared by him.
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3.5 When a fixed limit of Construction Cost is established as a condition of
this Agreement, it shall be in writing signed by the parties and shall
include a bidding contingency of ten percent unless another amount is
agreed upon in writing. When such a fixed limit is established, the
Architect shall be permitted to determine what materials, equipment,
component systems and types of construction are to be included in the
Contract Documents, and to make reasonable adjustments in the scope
of the Project to bring it within the fixed limit. The architect may also
include in the Contract Documents alternate bids to adjust the Construc
tion Cost to the fixed limit.
3.5.1 If the Bidding or Negotiating Phase has not commenced within six months
after the Architect submits the Construction Documents to the Owner,
any fixed limit of Construction Cost established as a condition of this
Agreement shall be adjusted to reflect any change in the general level
of prices which may have occurred in the construction industry for the
area in which the Project is located. The adjustment shall reflect changes
between the date of submission of the Construction Documents to the
Owner and the date on which proposals are sought.
3.5.2 When a fixed limit of Construction Cost, including the Bidding contin
gency (adjusted as provided in Subparagraph 3.5.1, if applicable),
is established as a condition of this Agreement and is exceeded by the
lowest bona fide bid or negotiated proposal, the Detailed Estimate of
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Construction Cost or the Statement of Probable Construction cost, the
Owner shall (1) give written approval of an increase in such fixed
limit, within a reasonable time, or (2) cooperate in revising the Pro
ject scope and quality as required to reduce the Probable Construction
Cost. In the case of (2) the Architect, without additional charge, shall
modify the Drawings and Specifications as necessary to bring the Con
struction Cost within the fixed limit. The providing of such service
shall be the limit of the Architect's responsibility in this regard, and
having done so, the Architect shall be entitled to compensation in accord
ance with this Agreement.
ARTICLE 4
DIRECT PERSONNEL EXPENSE
Direct Personnel Expense is defined as the salaries of professional,
technical and clerical employees engaged on the Project by the Architect,
and the cost of their mandatory and customary benefits such as statutory
employee benefits, insurance, sick leave, holidays, vacations, pensions
and similar benefits.
ARTICLE 5
REIMBURSABLE EXPENSES
5.1 Reimbursable Expenses are in addition to the Compensation for Basic
and Additional Services and include actual expenditures made by the
Architect, his employees, or his professional consultants in the interest
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of the Project for the expenses listed in the following Subparagraphs:
5.1.1 Fees paid for securing approval of authorities having jurisdiction over
the Project.
5.1.2 Expense of reproductions, postage and handling of Drawings and Speci
fications excluding duplicate sets at the completion of each Phase for
the Owner's review and approval.
5.1.3 Expense of computer time when used in connection with Additional
Services.
ARTICLE 6
PAYMENTS TO THE ARCHITECT
6.1 Payments on account of the Architect's Basic Services shall be made as
follows:
6.1.1 Payments for Basic Services shall be made in proportion to services
performed so that the compensation at the completion of each Phase,
except when the compensation is on the basis of a Multiple of Direct
Personnel Expense, shall equal the following percentages of the total
Basic Compensation:
Schematic Design 15%
Design Development Phase 35%
Construction Documents Phase 75%
Bidding or Negotiation Phase 80%
Construction Phase 100%
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6.2 Payments for Additional Services of the Architect as defined in Para
graph 1.3, and for Reimbursable Expenses as defined in Article 5,
shall be made monthly upon presentation of the Architect's statement of
services rendered.
6.3 No deductions shall be made from the Architect's compensation on ac
count of penalty, liquidated damages, or other sums withheld from
payments to contractors.
6.4 If the Project is abandoned in whole or in part, the Architect shall be
paid his compensation for services performed prior to receipt of written
notice from the Owner of such suspension or abandonment, together
with Reimbursable Expenses then due and all termination expenses as
defined in Paragraph 8.3 resulting from such suspension or abandon
ment .
6.5 Payments due the Architect under this Agreement shall bear interest at
the legal rate commencing sixty days after the date of billing.
ARTICLE 7
ARCHITECT'S ACCOUNTING RECORDS
Records of Reimbursable Expenses and expenses pertaining to Addi
tional Services on the Project and for services performed on the basis
of a Multiple of Direct Personnel Expense shall be kept on a generally
recognized accounting basis and shall be available to the Owner or
his authorized representative at mutually convenient times.
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ARTICLE 8
TERMINATION OF AGREEMENT
8.1 This Agreement may be terminated by either party upon seven days1
written notice should the other party fail substantially to perform in
accordance with its terms through no fault of the party initiating the
termination.
8.2 In the event of termination due to the fault of parties other than the
Architect, the Architect shall be paid his compensation for services
performed to termination date, including Reimbursable Expenses then
due and all termination expenses.
8 .3 Termination Expenses are defined as Reimbursable Expenses directly
attributable to termination, plus an amount computed as a percentage
of the total compensation earned to the time of termination, as follows:
20 percent if termination occurs during the Schematic
Design Phase; or
10 percent if termination occurs during the Design De
velopment Phase; or
5 percent if termination occurs during any subsequent
phase.
ARTICLE 9
OWNERSHIP OF DOCUMENTS
Drawings and Specifications as instruments of service are and shall
remain the property of the Architect whether the Project for which they
are made is executed or not. They are not to be used by the Owner on
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other projects or extensions to this Project except by agreement in
writing and with appropriate compensation to the Architect.
ARTICLE 10
SUCCESSORS AND ASSIGNS
The Owner and the Architect 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 party with respect to all covenants of
this Agreement. Neither the Owner nor the Architect shall assign,
sublet or transfer his interest in this Agreement without the written
consent of the other .
ARTICLE 11
ARBITRATION
11.1 All claims, disputes and other matters in question between the parties
to this Agreement, arising out of, or relating to this Agreement or the
breach thereof, shall be decided by arbitration in accordance with the
Construction Industry Arbitration Rules of the American Arbitration
Association then obtaining unless the parties mutually agree otherwise,
No arbitration, arising out of, or relating to this Agreement, shall
include, by consolidation, joinder or in any other manner, any addi
tional party not a party to this Agreement except by written consent
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containing a specific reference to this Agreement and signed by all
the parties hereto. Any consent to arbitration involving an addi
tional party or parties shall not constitute consent to arbitration of
any dispute not described therein or with any party not named or
described therein. This Agreement to arbitrate and any agreement
to arbitrate with an additional party or parties duly consented to by
the parties hereto shall be specifically enforceable under the pre
vailing arbitration law.
11.2 Notice of the demand for arbitration shall be filed in writing with
the other party to this Agreement and with the American Arbitra
tion Association. The demand shall be made within a reasonable time
after the claim, dispute or other matter in question has arisen. In
no event shall the demand for arbitration be made after the date
when institution of legal or equitable proceedings based on such claim,
dispute or other matter in question would be barred by the applicable
statute of limitations.
11.3 The award rendered by the arbitrators shall be final, and judgment
may be entered upon it in accordance with applicable law in any court
having jurisdiction thereof.
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ARTICLE 12
EXTENT OF AGREEMENT
This Agreement represents the entire and integrated agreement
between the Owner and the Architect and supersedes all prior
negotiations, representations or agreements, either written or
oral. This Agreement may be amended only by written instrument
signed by both Owner and Architect.
ARTICLE 13
GOVERNING LAW
Unless otherwise specified, this Agreement shall be governed by
the law of the principal place of business of the Architect.
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NUMBER OR COUNTERPART COPIES
This Contract is executed in four counterparts.
IN WITNESS WHEREOF the parties hereto have made and executed this
Agreement, the day and year first above written.
BOARD OF REGENTS
STEPHEN F. AUSTIN STATE UNIVERSITY
By_ 77off
President of the Board
ATTEST:
Secretary
KENT, MARSELLOS AND SCOTT
ARCHITECTS-ENGINEERS
By.
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74-150
Upon motion of Regent Gray, seconded by Regent Cullum, with all members
voting aye, it was ordered that the Architectural Services Contract with Kent-
Marsellos-Scott for the design and supervision of instructional facilities
for the Department of Agriculture be approved and the Chairman of the Board
be authorized to sign the contract:
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CONTRACT FOR ARCHITECTURAL SERVICES
CITY OF NACOGDOCHES
THE STATE OF TEXAS
COUNTY OF NACOGDOCHES
THIS AGREEMENT made as of the Twenty Sixth day of April in
the year Nineteen Hundred and Seventy Five and between the BOARD OF
REGENTS STEPHEN F. AUSTIN STATE UNIVERSITY, NACOGDOCHES,
TEXAS acting herein by and through its President, hereinafter called the Owner,
and KENT-MARSELLOS-SCOTT, ARCHITECTS-ENGINEERS, Lufkin, Texas
hereinafter called the Architect.
WITNESSETH, whereas the Owner intends to erect on the campus of
Stephen F. Austin State University, Nacogdoches, Texas, AGRICULTURE
DEPARTMENT AND WAREHOUSE ADDITIONS AND REMODELING hereinafter
called the Project.
NOW, THEREFORE, the Owner and the Architect for the considerations
hereinafter set forth agree as follows:
I, The Architect shall provide professional services for the Project in
accordance with the Terms and Conditions of this Agreement.
II. The Owner shall compensate the Architect in accordance with the
Terms and Conditions of this Agreement as follows:
a) For the Architect's Basic Services, as described in Para
graph 1.1; Ten and Three Tenths Per Cent (10.3%) of the
project construction cost; hereinafter referred to as the
Basic Rate; and such
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other payments and reimbursements as may hereinafter
be provided, but all such payments and every payment
herein provided shall be from Auxiliary Enterprise Surplus
Funds and Student Fee Bond Proceeds
and other funds available to the Owner for expenditure
for the use and benefit of Stephen F. Austin State University.
b) For the Architect's Additional Services as described in
Paragraph 1.3 Compensation for Principals, employees,
and consultants time as agreed upon between the Owner
and the Architect.
c) For the Architect's Reimbursable Expenses, amounts
expended as defined in Article 5.
Ill. The Architect and the Owner further agree to the following Terms
and Conditions:
ARTICLE 1
ARCHITECT'S SERVICES
1.1 BASIC SERVICES
The Architect's Basic Services consist of the five phases described
below and include normal structural, mechanical and electrical engi
neering services and any other services included in Article 14 as
Basic Services.
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SCHEMATIC DESIGN PHASE
1.1.1 The Architect shall review the program furnished by the Owner to
ascertain the requirements of the Project and shall confirm such re
quirements to the Owner.
1.1.2 Based on the mutually agreed upon program, the Architect shall pre
pare Schematic Design Studies consisting of drawings and other docu
ments illustrating the scale and relationship of Project components for
approval by the Owner.
1.1.3 The Architect shall submit to the Owner a Statement of Probable Con
struction Cost based on current area, volume or other unit costs.
DESIGN DEVELOPMENT PHASE
1.1.4 The Architect shall prepare from the approved Schematic Design Studies,
for approval by the Owner, the Design Development Documents consist
ing of drawings and other documents to fix and describe the size and
character of the entire Project as to structural, mechanical and electri
cal systems, materials and such other essentials as may be appropriate.
1.1.5 The Architect shall submit to the Owner a further Statement of Prob
able Construction Cost.
CONSTRUCTION DOCUMENTS PHASE
1.1.6 The Architect shall prepare from the approved Design Development
Documents, for approval by the Owner, Drawings and Specifications
setting forth in detail the requirements for the construction of the
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entire Project including the necessary bidding information, and shall
assist in the preparation of bidding forms, the Conditions of the Con
tract, and the form of Agreement between the Owner and the Contractor,
1.1.7 The Architect shall advise the Owner of any adjustments to previous
Statements of Probable Construction Cost indicated by changes in re
quirements or general market conditions.
1.1.8 The Architect shall assist the Owner in filing the required documents
for the approval of governmental authorities having jurisdiction over
the Project.
BIDDING OR NEGOTIATION PHASE
1.1.9 The Architect, following the Owner's approval of the Construction
Documents and of the latest Statement of Probable Construction Cost,
shall assist the Owner in obtaining bids or negotiated proposals, and
in awarding and preparing construction contracts.
CONSTRUCTION PHASE - ADMINISTRATION OF THE CONSTRUCTION CONTRACT
1.1.10 The Construction Phase will commence with the award of the Construc
tion Contract and will terminate when the final Certificate for Payment
is issued to the Owner.
1.1.11 The Architect shall provide Administration of the Construction Con
tract as set forth in AIA Document A201, General Conditions of the
Contract for Construction, and the extent of his duties and respon
sibilities and the limitations of his authority as assigned thereunder
shall not be modified without his written consent.
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1.1.12 The Architect, as the representative of the Owner during the Con
struction phase, shall advise and consult with the Owner and all of
the Owner's instructions to the Contractor shall be issued through
Architect. The Architect shall have authority to act on behalf of the
Owner to the extent provided in the General Conditions unless other
wise modified in writing.
1.1.13 The Architect shall at all times have access to the Work wherever it is
in preparation or progress.
1.1.14 The Architect shall make periodic visits to the site to familiarize him
self generally with the progress and quality of the Work and to deter
mine in general if the Work is proceeding in accordance with the Con
tract Documents. On the basis of his on-site observations as an
architect, he shall endeavor to guard the Owner against defects and
deficiencies in the Work of the Contractor. The Architect shall not be
required to make exhaustive or continuous on-site inspections to check
the quality or quantity of the Work. The Architect shall not be respon
sible for construction means, methods, techniques, sequences or pro
cedures , or for safety precautions and programs in connection with the
Work, and he shall not be responsible for the Contractor's failure to
carry out the Work in accordance with the Contract Documents.
1.1.15 Based on such observations at the site and on the Contractor's Appli
cations for Payment, the Architect shall determine the amount owing to
the Contractor and shall issue Certificates for Payment in such amounts.
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The issuance of a Certificate for Payment shall constitute a representa
tion by the Architect to the Owner, based on the Architect's observations
at the site as provided in Subparagraph 1.1.14 and the data comprising
the Application for Payment, that the Work has progressed to the point
indicated; that to the best of the Architect's knowledge, information
and belief, the quality of the Work is in accordance with the Contract
Documents (subject to an evaluation of the Work for conformance with the
Contract Documents upon Substantial Completion, to the results of any
subsequent tests required by the Contract Documents, to minor devia
tions from the Contract Documents correctable prior to completion, and
to any specific qualifications stated in the Certificate for Payment); and
that the Contractor is entitled to payment in the amount certified. By
issuing a Certificate for Payment, the Architect shall not be deemed to
represent that he has made any examination to ascertain how and for what
purpose the Contractor has used the moneys paid on account of the Con
tract Sum.
1.1.16 The Architect shall be, in the first instance, the interpreter of the re
quirements of the Contract Documents and the impartial judge of the per
formance thereunder by both the Owner and Contractor. The Architect
shall make decisions on all claims of the Owner or Contractor relating
to the execution and progress of the Work and on all other matters or
questions related thereto. The Architect's decisions in matters relating
to artistic effect shall be final if consistent with the intent of the Con
tract Documents.
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1.1.17 The Architect shall have authority to reject Work which does not con
form to the Contract Documents. Whenever, in his reasonable opinion,
he considers it necessary or advisable to insure the proper implemen
tation of the intent of the Contract Documents, he will have authority
to require special inspection or testing of any Work in accordance with
the provisions of the Contract Documents whether or not such Work be
then fabricated, installed or completed.
1.1.18 The Architect shall review and approve shop drawings, samples, and
other submission of the Contractor only for conformance with the design
concept of the Project and for compliance with the information given in
the Contract Documents.
1.1.19 The Architect shall prepare Change Orders.
1.1.20 The Architect shall conduct inspections to determine the Dates of Sub
stantial Completion and final completion, shall receive and review
written guarantees and related documents assembled by the Contractor,
and shall issue a final Certificate for Payment.
1.1.21 The Architect shall not be responsible for the acts or omissions of the
Contractor, or any Subcontractors, or any of the Contractor's or Sub
contractors' agents or employees, or any other persons performing any
of the Work.
1.2 PROJECT REPRESENTATION BEYOND BASIC SERVICES
1.2.1 If more extensive representation at the site than is described under Sub-paragraphs
1.1.10 through 1.1.21 inclusive is required, and if the
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Owner and Architect agree, the Architect shall provide one or more
Full-Time Project Representatives to assist the Architect,
1.2.2 Such Full-Time Project Representatives shall be selected, employed
and directed by the Architect, and the Architect shall be compensated
therefor as mutually agreed between the Owner and the Architect as
set forth in an exhibit appended to this Agreement.
1.2.3 The duties, responsibilities and limitations of authority of such Full-
Time Project Representatives shall be set forth in an exhibit appended
to this Agreement.
1.2.4 Through the on-site observations by Full-Time Project Representativ
es of the Work in progress, the Architect shall endeavor to provide
further protection for the Owner against defects in the Work, but the
furnishing of such project representation shall not make the Architect
responsible for construction means, methods, techniques, sequences
or procedures, or for safety precautions and programs, or for the
Contractor's failure to perform the Work in accordance with the Con
tract Documents.
1.3 ADDITIONAL SERVICES
The following Services shall be provided when authorized in writing
by the Owner, and they shall be paid for by the Owner as hereinbefore
provided.
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1.3.1 Providing analyses of the Owner's needs, and programming the re
quirements of the Project.
1.3.2 Providing financial feasibility or other special studies.
1.3.3 Providing planning surveys, site evaluations, environmental studies
or comparative studies of prospective sites.
1.3.4 Providing design services relative to future facilities, systems and
equipment which are not intended to be constructed as part of the
Project.
1.3.5 Providing services to investigate existing conditions or facilities or to
make measured drawings thereof, or to verify the accuracy of drawings
or other information furnished by the Owner.
1.3.6 Providing Detailed Estimates of Construction Cost or detailed quantity
surveys or inventories of material, equipment and labor.
1.3.7 Providing services for planning tenant or rental spaces.
1.3.8 Making revisions in Drawings, Specifications or other documents
when such revisions are inconsistent with written approvals or in
structions previously given and are due to causes beyond the control
of the Architect.
1.3.9 Making investigations involving detailed appraisals and valuations of
existing facilities, and surveys or inventories required in connection
with construction performed by the Owner.
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1.3.10 Providing consultation concerning replacement of any Work damaged
by fire or other cause during construction, and furnishing profess
ional services of the type set forth in Paragraph 1.1 as may be required
in connection with the replacement of such Work.
1.3.11 Providing professional services made necessary by the default of the
Contractor or by major defects in the Work of the Contractor in the
performance of the Construction Contract.
1.3.12 Providing extensive assistance in the utilization of any equipment or
system such as initial start-up or testing, adjusting and balancing,
preparation of operation and maintenance manuals, training personnel
for operation and maintenance, and consultation during operation.
1.3.13 Preparing to serve or serving as an expert witness in connection with
any public hearing, arbitration proceeding or legal proceeding.
1. 3.14 Providing services of professional consultants for other than the
normal structural, mechanical and electrical engineering services for
the Project.
1.3.15 Providing any other services not otherwise included in this Agree
ment or not customarily furnished in accordance with generally accept
ed architectural practice.
ARTICLE 2
THE OWNER'S RESPONSIBILITIES
2.1 The Owner shall provide full information, including a complete pro
gram, regarding his requirements for the Project.
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2.2 The Owner shall designate, when necessary, a representative author
ized to act in his behalf with respect to the Project. The Owner shall
examine documents submitted by the Architect and shall render de
cisions pertaining thereto promptly, to avoid unreasonable delay in
the progress of the Architect's services.
2.3 The Owner shall furnish a certified land survey of the site giving, as
applicable, grades and lines of streets, alleys, pavements and adjoin
ing property; rights-of-way, restrictions, easements, encroachments,
zoning, deed restrictions, boundaries and contours of the site; locations,
dimensions and complete data pertaining to existing buildings, other
improvements and trees; and full information concerning available
service and utility lines both public and private, above and below
grade, including inverts and depths.
2.4 The Owner shall furnish the services of a soils engineer or other con
sultant when such services are deemed necessary by the Architect, in
cluding reports, test borings, test pits, soil bearing values, percola
tion tests, air and water pollution tests, ground corrosion and resistiv
ity tests and other necessary operations for determining subsoil, air
and water conditions, with appropriate professional recommendations.
2.5 The Owner shall furnish structural, mechanical, chemical and other
laboratory tests, inspections and reports as required by law or the
Contract Documents.
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2.6 The Owner shall furnish such legal, accounting, and insurance coun
seling services as may be necessary for the Project, and such audit
ing services as he may require to ascertain how or for what purposes
the Contractor has used the moneys paid to him under the Construction
Contract.
2.7 The services, information, surveys and reports required by Para
graphs 2.3 through 2.6 inclusive shall be furnished at the Owner's
expense, and the Architect shall be entitled to rely upon the accuracy
and completeness thereof.
2.8 If the Owner becomes aware of any default or defect in the Project or
non-conformance with the Contract Documents, he shall give prompt
written notice thereof to the Architect.
2.9 The Owner shall furnish information required of him as expeditiously
as necessary for the orderly progress of the Work.
ARTICLE 3
CONSTRUCTION COST
3.1 If the Construction Cost is to be used as the basis for determining the
Architect's Compensation for Basic Services, it shall be the total cost
or estimated cost to the Owner of all Work designed or specified by the
Architect. The Construction Cost shall be determined as follows, with
precedence in the order listed:
3.1.1 For completed construction, the cost of all such Work, including costs
of managing construction;
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3.1.2 For Work not constructed, (1) the lowest bona fide bid received from
a qualified bidder for any or all of such Work; or (2) if the Work is
not bid, the bona fide negotiated proposal submitted for any or all of
such Work; or
3.1.3 For Work for which no such bid or proposal is received, (1) the latest
Detailed Estimate of Construction Cost if one is available, or (2) the
latest Statement of Probable Construction Cost.
3.2 Construction Cost does not include the compensation of the Architect
and his consultants, the cost of the land, rights-of-way, or other costs
which are the responsibility of the Owner as provided in Paragraphs
2 . 3 through 2 . 6 inclusive.
3.3 The cost of labor, materials and equipment furnished by the Owner for
the Project shall be included in the Construction Cost at current market
rates including a reasonable allowance for overhead and profit.
3.4 Statement of Probable Construction Cost and Detailed Cost Estimates
prepared by the Architect represent his best judgment as a design
professional familiar with the construction industry. It is recognized,
however, that neither the Architect nor the Owner has any control over
the cost of labor, materials or equipment, over the contractors' methods
of determining bid prices, or over competitive bidding or market con
ditions. Accordingly, the Architect cannot and does not guarantee that
bids will not vary from any Statement of Probable Construction Cost or
other cost estimate prepared by him.
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3.5 When a fixed limit of Construction Cost is established as a condition of
this Agreement, it shall be in writing signed by the parties and shall
include a bidding contingency of ten percent unless another amount is
agreed upon in writing. When such a fixed limit is established, the
Architect shall be permitted to determine what materials, equipment,
component systems and types of construction are to be included in the
Contract Documents, and to make reasonable adjustments in the scope
of the Project to bring it within the fixed limit. The architect may also
include in the Contract Documents alternate bids to adjust the Construc
tion Cost to the fixed limit.
3.5.1 If the Bidding or Negotiating Phase has not commenced within six months
after the Architect submits the Construction Documents to the Owner,
any fixed limit of Construction Cost established as a condition of this
Agreement shall be adjusted to reflect any change in the general level
of prices which may have occurred in the construction industry for the
area in which the Project is located. The adjustment shall reflect changes
between the date of submission of the Construction Documents to the
Owner and the date on which proposals are sought.
3.5.2 When a fixed limit of Construction Cost, including the Bidding contin
gency (adjusted as provided in Subparagraph 3.5.1, if applicable),
is established as a condition of this Agreement and is exceeded by the
lowest bona fide bid or negotiated proposal, the Detailed Estimate of
28-48
Construction Cost or the Statement of Probable Construction cost, the
Owner shall (1) give written approval of an increase in such fixed
limit, within a reasonable time, or (2) cooperate in revising the Pro
ject scope and quality as required to reduce the Probable Construction
Cost. In the case of (2) the Architect, without additional charge, shall
modify the Drawings and Specifications as necessary to bring the Con
struction Cost within the fixed limit. The providing of such service
shall be the limit of the Architect's responsibility in this regard, and
having done so, the Architect shall be entitled to compensation in accord
ance with this Agreement.
ARTICLE 4
DIRECT PERSONNEL EXPENSE
Direct Personnel Expense is defined as the salaries of professional,
technical and clerical employees engaged on the Project by the Architect,
and the cost of their mandatory and customary benefits such as statutory
employee benefits, insurance, sick leave, holidays, vacations, pensions
and similar benefits.
ARTICLE 5
REIMBURSABLE EXPENSES
5.1 Reimbursable Expenses are in addition to the Compensation for Basic
and Additional Services and include actual expenditures made by the
Architect, his employees, or his professional consultants in the interest
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of the Project for the expenses listed in the following Subparagraphs:
5.1.1 Fees paid for securing approval of authorities having jurisdiction over
the Project.
5.1.2 Expense of reproductions, postage and handling of Drawings and Speci
fications excluding duplicate sets at the completion of each Phase for
the Owner's review and approval.
5.1.3 Expense of computer time when used in connection with Additional
Services.
ARTICLE 6
PAYMENTS TO THE ARCHITECT
6.1 Payments on account of the Architect's Basic Services shall be made as
follows:
6.1.1 Payments for Basic Services shall be made in proportion to services
performed so that the compensation at the completion of each Phase,
except when the compensation is on the basis of a Multiple of Direct
Personnel Expense, shall equal the following percentages of the total
Basic Compensation:
Schematic Design 15%
Design Development Phase 35%
Construction Documents Phase 75%
Bidding or Negotiation Phase 80%
Construction Phase 100%
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6.2 Payments for Additional Services of the Architect as defined in Para
graph 1.3, and for Reimbursable Expenses as defined in Article 5,
shall be made monthly upon presentation of the Architect's statement of
services rendered.
6.3 No deductions shall be made from the Architect's compensation on ac
count of penalty, liquidated damages, or other sums withheld from
payments to contractors.
6.4 If the Project is abandoned in whole or in part, the Architect shall be
paid his compensation for services performed prior to receipt of written
notice from the Owner of such suspension or abandonment, together
with Reimbursable Expenses then due and all termination expenses as
defined in Paragraph 8.3 resulting from such suspension or abandon
ment.
6.5 Payments due the Architect under this Agreement shall bear interest at
the legal rate commencing sixty days after the date of billing.
ARTICLE 7
ARCHITECT'S ACCOUNTING RECORDS
Records of Reimbursable Expenses and expenses pertaining to Addi
tional Services on the Project and for services performed on the basis
of a Multiple of Direct Personnel Expense shall be kept on a generally
recognized accounting basis and shall be available to the Owner or
his authorized representative at mutually convenient times.
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ARTICLE 8
TERMINATION OF AGREEMENT
8.1 This Agreement may be terminated by either party upon seven days1
written notice should the other party fail substantially to perform in
accordance with its terms through no fault of the party initiating the
termination.
8.2 In the event of termination due to the fault of parties other than the
Architect, the Architect shall be paid his compensation for services
performed to termination date, including Reimbursable Expenses then
due and all termination expenses.
8.3 Termination Expenses are defined as Reimbursable Expenses directly
attributable to termination, plus an amount computed as a percentage
of the total compensation earned to the time of termination, as follows:
20 percent if termination occurs during the Schematic
Design Phase; or
10 percent if termination occurs during the Design De
velopment Phase; or
5 percent if termination occurs during any subsequent
phase.
ARTICLE 9
OWNERSHIP OF DOCUMENTS
Drawings and Specifications as instruments of service are and shall
remain the property of the Architect whether the Project for which they
are made is executed or not. They are not to be used by the Owner on
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other projects or extensions to this Project except by agreement in
writing and with appropriate compensation to the Architect.
ARTICLE 10
SUCCESSORS AND ASSIGNS
The Owner and the Architect 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 party with respect to all covenants of
this Agreement. Neither the Owner nor the Architect shall assign,
sublet or transfer his interest in this Agreement without the written
consent of the other.
ARTICLE 11
ARBITRATION
11.1 All claims, disputes and other matters in question between the parties
to this Agreement, arising out of, or relating to this Agreement or the
breach thereof, shall be decided by arbitration in accordance with the
Construction Industry Arbitration Rules of the American Arbitration
Association then obtaining unless the parties mutually agree otherwise.
No arbitration, arising out of, or relating to this Agreement, shall
include, by consolidation, joinder or in any other manner, any addi
tional party not a party to this Agreement except by written consent
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containing a specific reference to this Agreement and signed by all
the parties hereto. Any consent to arbitration involving an addi
tional party or parties shall not constitute consent to arbitration of
any dispute not described therein or with any party not named or
described therein. This Agreement to arbitrate and any agreement
to arbitrate with an additional party or parties duly consented to by
the parties hereto shall be specifically enforceable under the pre
vailing arbitration law.
11.2 Notice of the demand for arbitration shall be filed in writing with
the other party to this Agreement and with the American Arbitra
tion Association. The demand shall be made within a reasonable time
after the claim, dispute or other matter in question has arisen. In
no event shall the demand for arbitration be made after the date
when institution of legal or equitable proceedings based on such claim,
dispute or other matter in question would be barred by the applicable
statute of limitations.
11.3 The award rendered by the arbitrators shall be final, and judgment
may be entered upon it in accordance with applicable law in any court
having jurisdiction thereof.
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ARTICLE 12
EXTENT OF AGREEMENT
This Agreement represents the entire and integrated agreement
between the Owner and the Architect and supersedes all prior
negotiations, representations or agreements, either written or
oral. This Agreement may be amended only by written instrument
signed by both Owner and Architect.
ARTICLE 13
GOVERNING LAW
Unless otherwise specified, this Agreement shall be governed by
the law of the principal place of business of the Architect.
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NUMBER OR COUNTERPART COPIES
This Contract is executed in four counterparts.
IN WITNESS WHEREOF the parties hereto have made and executed this
Agreement, the day and year first above written.
BOARD OF REGENTS
STEPHEN F. AUSTIN STATE UNIVERSITY
President of the Board
ATTEST:
Secretary
KENT, MARSELLOS AND SCOTT
ARCHITECTS-ENGINEERS
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74-151
Upon motion of Regent Gray, seconded by Regent Perkins, with all members
voting aye, it was ordered that the Engineering Services Contract with
Love, Friberg and Associates for the design of the renovation of mechanical
systems in the University Center be approved and the Chairman of the Board
be authorized to sign the contract:
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AGREEMENT
FOR
MECHANICAL AND
ELECTRICAL ENGINEERING SERVICES
MADE AND ENTERED INTO by and between the Board of Regents, Stephen F.
Austin State University, acting herein by and through its President,
hereinafter called "Owner", and Love, Friberg and Associates, Inc., hereinafter
called the "Engineer".
SECTION I
EMPLOYMENT OF ENGINEER
The Owner intends to erect on the Campus of Stephen F. Austin State Univer
sity, RENOVATION OF MECHANICAL SYSTEMS FOR UNIVERSITY CENTER, hereinafter
called the "Project".
In consequence thereof, the Owner agrees to employ the Engineer
and the Engineer agrees to perform professional engineering services
in connection with the project as stated in the Sections to follow, and
for having rendered such services, the Owner agrees to pay to the Engineer
compensation as stated in the Section to follow.
SECTION II
CHARACTER AND EXTENT OF BASIC SERVICES
The Engineer shall render the following professional Basic Services
necessary for the development of the project:
A. PRELIMINARY PHASE
(1) Participate in preliminary conferences with Owner to establish
the scope of the project and the requirements of mechanical
and electrical systems.
(2) Determine types of mechanical and electrical systems best suited
to meet the Ownerfs requirements.
(3) Prepare design criteria and outline specifications for mechanical
and electrical portions of the project.
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B. DESIGN PHASE
(1) Participate in design conferences with the Owner to plan and
coordinate the mechanical and electrical systems into the
project.
(2) Prepare mechanical and electrical calculations for previously
established design requirements.
(3) Prepare contract drawings in pencil on tracing paper in sufficient
detail to define the mechanical and electrical construction work.
(4) Prepare technical specifications for the mechanical and electrical
portions of the project,
(5) Prepare construction cost estimate.
(6) Prepare addenda as may be required during the bidding period and
answer questions raised by bidders in the procurement of bids.
C. CONSTRUCTION PHASE
(1) Assist Owner in analysing bids and preparing recommendations
on all proposals relating to the project*
(2) Participate in pre-construction conferences and provide Owner
with consultation and advice.
(3) Review samples, manufacturer's data, schedules, laboratory, shop
and mill tests of material and equipment and other data which the
Contractor is required to submit, solely to determine conformance
with design concept of the project and compliance with information
given by the contract documents. Such review shall not relieve the
Contractor from his responsibility for compliance with the contract
documents.
(4) Answer questions regarding the mechanical and electrical plans and
specifications.
(5) Make recommendations regarding proposed changes to mechanical and
electrical work.
(6) Review amounts requested in partial payment invoices.
(7) Make periodic site visits to observe the progress and quality of
the executed work and to determine in general if the work is
proceeding in accordance with the contract documents. In per
forming this service, the Engineer will not be required to
make exhaustive or continuous on-site inspections to check the
quality or quantity of the work or material; he will not
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be responsible for techniques and sequences of construction or
safety precautions incident thereto, and he will not be responsible
or liable in any degree for the Contractor's failure to perform the
construction work in accordance with the contract documents. During
visits to the site, and on the basis of the Engineerfs on-site
observations as an experienced and qualified design professional he
will keep the Owner informed of the extent of the progress of the
work, and advise the Owner in writing of material and sub
stantial defects and deficiencies in the work of the Contractor
which are discovered by the Engineer or otherwise brought to the
Engineerfs attention in the course of construction.
(8) Make a final observation of the completed construction of the
mechanical and electrical facilities. This specifically includes
one observation of each system shown in the construction drawings
and specifications and a report in writing to the Owner•
Additionally, a review of each system is included on notification
by the Contractor that the defects in the system have been corrected.
SECTION III
SPECIAL SERVICES
A. PREDICTABLE SPECIAL SERVICES
In addition to the Preliminary Phase, Design Phase and Construction
Phase Basic Services, there are certain Predictable Special Services which
vary in scope or requirement from one project to the next, but are usually
common to a typical building design project. Following is one such Pre
dictable Special Service.
(1) Technical observation of construction by a full-time resident
project representative, and supporting staff as required.
B. UNPREDICTABLE SPECIAL SERVICES
This category of Special Services includes items that may well be
involved in any particular building design project, but which are not
necessarily typical. Following is a list of such Unpredictable Special
Services:
(1) Changes to drawings and specifications or extra expense incurred
by reason of insolvency of Contractor.
(2) Evaluation and recommendations on Construction Contractors claims
(3) Assistance to the Owner as an expert witness in any litigation
arising from the development or construction of the project.
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(4) Providing prolonged contract administration and observation of
construction should the construction contract time be exceeded
by more than 25 percent through no fault of the Engineer.
SECTION IV
EXCLUDED SERVICES
The following are beyond the scope of professional engineering services
and are excluded from this agreement:
(1) Engineer shall not be required to furnish any surveying, legal,
accounting, or insurance counseling service to the Owner.
SECTION V
OWNER'S RESPONSIBILITY
Owner will designate a person to act with authority on his behalf in
respect of all aspects of the Project, shall examine and respond promptly
to Engineer's submissions, and shall give prompt written notice to Engineer
whenever he observes or otherwise becomes aware of any defect in the Project.
During the Preliminary Phase, the Owner will furnish the Engineer
all needed site information, including utilities, and lines and grades
of existing streets, pavements and structures on the site.
Owner shall provide such legal, accounting, independent cost estimat
ing and insurance counseling services as may be required for the Project,
and any auditing service required in respect of Contractors applications
for payment.
Owner shall furnish approvals and permits from all governmental
authorities having jurisdiction over the Project.
Owner shall advertise for bids or proposals from Contractors.
SECTION VI
THE ENGINEER'S COMPENSATION
For and in consideration of the services to be rendered by the Engineer,
the Owner shall pay, and the Engineer shall receive the compensation here
inafter set forth, for the Preliminary, Design and Construction Phases of the
Project and for Special Services not included in these phases.
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A. BASIC SERVICES CHARGE
Compensation for Basic Services shall be at hourly rates of salary cost
times a multiplier of 2.5 for personal services and shall be at invoice cost
plus ten percent for direct expense and subcontract expense. Salary cost
of Engineer's principals shall be at the rate of $16.00 per hour.
The guaranteed max^n™ cost for Basic Services shall be $13,000.00*
Partial payments shall be made monthly, based on the Engineer's personal
services. Payments will be made in proportion to that part of the services
which has been accomplished, as evidenced by monthly statements submitted
by the Engineer to the Owner.
B. SPECIAL SERVICES CHARGES
Except as modified hereinafter, Engineer's charges for all Predictable
and Unpredictable Special Services as previously described shall be at hourly
rates of salary cost times a multiplier of 2.5 for personal services and
shall be at invoice cost plus a 10 percent service charge for direct expense
and subcontract expense. Salary cost of Engineer's principals shall be at
the rate of $16.00 per hour.
Payments to the Engineer for Special Services will be made monthly by
the Owner on presentation of monthly statements by the Engineer for such
services.
SECTION VII
DEFINITION OF TERMS
A. SALARY COST
Salary cost is defined as the cost of salaries of engineers, draftsmen,
stenographers, surveymen, clerks, laborers, etc., for time directly charge
able to the project, plus social security contributions, unemployment,
excise and payroll taxes, employment compensation insurance, retirement
benefits, medical and insurance benefits, sick leave, vacation, and holiday
pay applicable thereto.
B. DIRECT NON-LABOR EXPENSE
Direct non-labor expense is that incurred by the Engineer for supplies,
transportation, equipment, travel, communications, subsistence and lodging
away from home and similar incidentals in connection with this assignment.
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SECTION VIII
OWNERSHIP OF DOCUMENTS
Engineer's drawings and specifications, notes, and other data remain his
property as instruments of service. Owner will be furnished reproducible
copies of the tracings in consideration of which it is mutually agreed
that he will use them solely in connection with the work and shall not
authorize their use on other work except by written consent of the Engineer.
Reuse for extensions of the original project or for new projects entitles
the Engineer to further compensation at a rate to be mutually agreed upon.
SECTION IX
LIABILITY LIMITATION
Engineer shall have no liability to Owner or to others for acts or
omissions of the Contractor or any other persons performing work on this
project; for construction means, methods, techniques, sequences, or proce
dures; for safety precautions and programs in connection with the work; for
Contractor^ failure to carry out the work in accordance with drawings and
specifications; or for any other reason beyond warranty of the use of reason
able skills in execution of the assignment covered by this agreement.
This agreement is made for the benefit of the Owner and Engineer
only, and is not intended to benefit any others. Accordingly no third party
shall have any claim against either the Owner or Engineer by virtue of
this agreement.
SECTION X
DELAYS AND ABANDONMENT
If this project is abandoned, or indefinitely delayed, or if this agree
ment is terminated, the Engineer shall be paid that percentage of this total
charge corresponding to the percentage of services already rendered.
SECTION XI
TERMINATION
This agreement may be terminated by either party on seven days written
notice should the other party fail substantially to perform in .accordance
with its terms through no fault of the other. On termination, the Owner
will owe the Engineer for all compensation earned under this agreement
to the date of termination.
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SECTION XII
SUCCESSORS AND ASSIGNMENTS
Owner and Engineer each binds himself and his successors, executors,
administrators and assign to the other party of this agreement and to the
successors, executors, administrators and assigns of such other party, in
respect to all covenants of this agreement. Except as above, neither the
Owner nor the Engineer shall assign, sublet or transfer his interest in
this agreement without the written consent of the other, and they further
agree that this contract represents the entire agreement between them and
cannot be changed, added to or modified in any way or manner except by an
instrument in writing signed by the Owner and the Engineer.
EXECUTED IN four (4) counterparts (each of which is an original) on
behalf of Engineer and on behalf of Owner.
BOARD OF REGENTS LOVE, FRIBERG & ASSOCIATES, INC.
STEPHEN F. AUSTIN STATE UNIVERSITY CONSULTING ENGINEER
Title: President Title: President
Date: April 26, 1975 Date: April 26. 1975
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74-152
Upon motion of Regent Gray, seconded by Regent Wright, with all members
voting aye, it was ordered that the contract with Harold James, Inc., for
$118,955.00 for the renovation of mechanical systems in the University
Center be approved and the Chairman of the Board be authorized to sign
the contract as modified by Addendum #3. The source of funds--1962
Housing System Repair and Renovations Funds.
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THE AMERICAN INSTITUTE OF ARCHITECTS
AIA Document A101
Standard Form of Agreement Between
Owner and Contractor
where the basis of payment is a
STIPULATED SUM
THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES; CONSULTATION WITH
AN ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION
Use only with the latest Edition of AIA Document A201, General Conditions of the Contract for Construction.
This document has been approved and endorsed by The Associated General Contractors of America.
AGREEMENT
made this 26th day of April in the year of Nineteen
Hundred and Seventy Five,
BETWEEN the Owner: Stephen F. Austin State University
and the Contractor: Harold James, Inc.
the Project: Renovation of Mechanical Systems for University Center
Stephen F. Austin State University
the Architect: Love, Friberg and Associates, Inc.
The Owner and the Contractor agree as set forth below.
AIA DOCUMENT A101 • OWNER-CONTRACTOR AGREEMENT • JANUARY 1974 EDITION • AIA® • ©1974
THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D. C. 20006
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ARTICLE 1
THE CONTRACT DOCUMENTS
The Contract Documents consist of this Agreement, Conditions of the Contract (General, Supplementary and other
Conditions), Drawings, Specifications, all Addenda issued prior to execution of this Agreement and all Modifications
issued subsequent thereto. These form the Contract, and all are as fully a part of the Contract as if attached to this
Agreement or repeated herein. An enumeration of the Contract Documents appears in Article 7.
ARTICLE 2
THE WORK
The Contractor shall perform all the Work required by the Contract Documents for the
(Here insert the caption descriptive oi the Work as used on other Contract Documents.)
Renovation of Mechanical Systems for University Center,
Stephen F, Austin State University, Nacogdoches, Texas
Including plan sheets 1, 2 and 3, specifications, and Addendum 1, 2 and 3.
ARTICLE 3
TIME OF COMMENCEMENT AND COMPLETION
The Work to be performed under this Contract shall be commenced April 28, 1975
and completed August 1, 1975,
(Here insert any special provisions for liquidated damages relating to failure to complete on time.)
AIA DOCUMENT A101 • OWNER-CONTRACTOR AGREEMENT • JANUARY 1974 EDITION • AIA® • ©1974
THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D. C. 20006
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ARTICLE 4
CONTRACT SUM
OHp? «nnmh?H 5^ 'Ilf C™tr*«or for, thLe Performance of the Work, subject to additions and deductions by Change
Order as provided ,n the Conditions of the Contract, in current funds, the Contract Sum of ONE HUNDRED
EIGHTEEN THOUSAND, NINE HUNDRED FIFTY-FIVE DOLLARS ($118,955.00)
(State here (be lump sum amount, unit prices, or both, as desired.)
ARTICLE 5
PROGRESS PAYMENTS
Based upon Applications for Payment submitted to the Architect by the Contractor and Certificates for Payment issued
by the Architect, the Owner shall make progress payments on account of the Contract Sum to the Contractor as pro
vided in the Conditions of the Contract as follows:
On or about the fifteenth day of each month ninety (90) per cent of
the proportion of the Contract Sum properly allocable to labor, materials and equipment incorporated in the Work
and. ninety (90) per cent of the portion of the Contract Sum properly allocable to materials and
equipment suitably stored at the site or at some other location agreed upon in writing by the parties, up to
one days prior to the date on which the Application for Payment is submitted, less the aggregate
of previous payments in each case; and upon Substantial Completion of the entire Work, a sum sufficient to increase
the total payments to ninety (90) per cent of the Contract Sum, less such retainages as the Architect
shall determine for all incomplete Work and unsettled claims.
'" *** Contract Documents> here insert anY provision for limiting or reducing the amount retained after the Work reaches a certain
Any moneys not paid when due to either party under this Contract shall bear interest at the legal rate in force at the
place of the Project.
AIA DOCUMENT A101 • OWNER-CONTRACTOR AGREEMENT • JANUARY 1974 EDITION • AIA® • ©1974
THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D. C. 20006 3
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ARTICLE 6
FINAL PAYMENT
.l H Pf cu ? the C°ntraCt Sum' sha" be Paid b* the Ow^ to the
of Sub&ft romn! r Y$ j6^5^1'3,1 ?mP|etion of th* w<>rk unless otherwise stipulated in the
ARTICLE 7
MISCELLANEOUS PROVISIONS
SicS^oT6111 WhlC
^^Art?icle ?Tn^l™TT'7fhiCh COnstitut5 tfle entire agreement between the Owner and the Contractor, are listed
in Article 1 and, except for Mod.f.cat.ons .ssued after execution of this Agreement, are enumerated as follows-
This Agreement executecj_tije day and year first written above.
*ii YlJl^\ T'J I
OWNER lAJaJ£Ar*J 6 \OUQ CONTRACTOR
STEPHEN F. AUSTIN STATE UNIVERSITY HAROLD JAMES, INCt,
Read and Examined >
_Secretary,
Board of Regents, Stephen F. Austin State University
AIA DOCUMENT A101 • OWNER-CONTRACTOR AGREEMENT • JANUARY 1974 EDITION • AIA® ♦ ©1974
THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D. C. 20006
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PERFORMANCE BOND
THE STATE OF TEXAS
COUNTY OF TARRANT
KNOW ALL MEN BY THESE PRESENTS: That we, Harold James, Inc. of Fort
Worth, Tarrant County, Texas, hereinafter called Principal and Safeco Insu
rance Company of America of Fort Worth, State of Texas, hereinafter called
the Surety, are held and firmly bound unto Stephen F. Austin State University
hereinafter called Owner, in the penal sum of ONE HUNDRED EIGHTEEN THOUSAND,
NINE HUNDRED FIFTY-FIVE DOLLARS ($118,955.00), in lawful money of the
United States, to be paid in Nacogdoches County, Texas, for the payment
of which sum well and truly to be made, we bind ourselves, our heirs, execu
tors, administrators and successors, jointly and severally, firmly by these
presents•
THE CONDITION OF THIS OBLIGATION is such that Whereas, the Principal
entered into a certain Contract with Stephen F. Austin State University,
the Owner, dated the 26th day of April, A. D., 1975, a copy of which is
attached hereto and made a part hereof for the construction of:
"Renovation of Mechanical Systems for University Center,
Stephen F. Austin State University."
hereinafter called the "work".
NOW, THEREFORE, if the Principal shall well, truly and faithfully
perform the work in accordance with the Plans, Specifications and Contract
Documents during the original term thereof, and any extensions thereof
which may be granted by the Owner, with or without notice to the Surety
and, if he shall satisfy all claims and demands incurred under such Con
tract, and shall fully indemnify and save harmless the Owner from all
costs and damages which it may suffer by reason of failure to do so> and
shall reimburse and repay the Owner all outlay and expense which the
Owner may incur in making good any default, then this obligation shall
be void; otherwise to remain in full force and effect.
PB-1
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NOW, THEREFORE, if the Principal shall repair any and all defects
in said work occasioned by and resulting from defects in materials fur
nished by, or workmanship of the Principal in performing the work covered
by said Contract, occurring within a period of twelve (12) months from
the date of the Contract Completion Certificate, then this obligation
shall be null and void, otherwise to remain in full force and effect.
PROVIDED FURTHER, that if any legal action be filed upon this bond
venue shall lie in Nacogdoches County, State of Texas and that the said
Surety, for value received hereby stipulates and agrees that no change,
extension of time, alteration or addition to the terms of the Contract
or to the work to be performed thereunder or the Specifications accom
panying the same shall in any wise affect its obligation of this bond,
and it does hereby waive notice of any such change, extension of time,
alteration or addition to the terms of the Contract or to the work or
to the Specifications.
PROVIDED, HOWEVER, that this bond is executed prusuant to the provi
sions of Article 5160 of the Revised Civil Statutes of Texas as amended
by Acts of the 56th Legislature, 1959, and all liabilities on this bond
shall be determined in accordance with the provisions of said Article to
the same extent as if it were copied at length.
IN WITNESS WHEREOF, this instrument is executed in five counterparts,
each one of which shall be deemed an original, this the 26th day of April,
A. D. 1975.
ATTEST:
Harold James, Inc.
Principal
Berenice James ^/U
(Principal) Secretary President
/
SEAL
Hit '< ' rsi^BLsruy*,-^
Witness as tcxPrincipal
3420 Ryan Ave.. Ft. Worth. Tex.
(Address)
PB-2
28-71
ATTEST
(Surety) Secretary
Witness as to Surety
72
Surety
BY
Attorney-in-Fact
3arbar« Rokk/aa
Fort
Address
PB-3
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PAYMENT BOND
THE STATE OF TEXAS
COUNTY OF TARRANT
KNOW ALL MEN BY THESE PRESENTS: That we, Harold James, Inc. a Texas
Corporation of Fort Worth, Tarrant County, Texas, hereinafter called
Principal and Safeco Insurance Company of America of Fort Worth, State
of Texas, hereinafter called the Surety, are held and firmly bound unto
Stephen F. Austin State University, hereinafter called Owner, unto all
persons, firms, and corporations who may furnish materials for, or perform
labor upon the building or improvements hereinafter referred to in the
penal sum of ONE HUNDRED EIGHTEEN THOUSAND, NINE HUNDRED FIFTY FIVE DOLLARS
($118,955.00) in lawful money of the United States, to be paid in Nacog-doches
County, Texas, for the payment of which sum well and truly to be
made, we bind ourselves, our heirs, executors, administrators and succes
sors, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION is such that whereas the Principal
entered into a certain contract with Stephen F. Austin State University,
the Owner, dated the 26th day of April, A.D. 1975, a copy of which is hereto
attached and made a part hereof for the construction of:
"Renovation of Mechanical Systems for the University Center,
Stephen F. Austin State University11.
NOW, THEREFORE, the condition of this obligation is such that, if
the Principal shall promptly make payment to all claimants as defined in
Article 5160 Revised Civil Statutes of Texas, 1925, as amended by House
Bill 344, Acts 56th Legislature, Regular Session, 1959, effective April 27,
1959, supplying labor and materials in the prosecution of the work pro
vided for in said Contract, then this obligation shall be null and void;
otherwise, it shall remain in full force and effect.
PAB-1
28-73
74
This bond is made and entered into solely for the protection of all
claimants supplying labor and materials in the prosecution of the work
provided for in said Contract, and all such claimants shall have a direct
right of action under the bond as provided in Article 5160, Revised Civil
Statutes, 1925, as amended by House Bill 344, Acts 56th Legislature, Regu
lar Session, 1959.
PROVIDED FURTHER, that if any legal action be filed upon this bond,
venue shall lie in Nacogdoches County, State of Texas, and that the said
Surety, for value received hereby stipulates and agrees that no change,
extension of time, alteration or addition to the terms of the Contract
or to the work to be performed thereunder or the Specifications accompany
ing the same shall in any wise affect its obligation on this bond, and it
does hereby waive notice of any change, extension of time, alteration or
addition to the terms of the Contract or to the work or to the Specifications,
PROVIDED FURTHER, that no final settlement between the Owner and the
Contractor shall abridge the right of any beneficiary hereunder, whose
claim may be unsatisfied.
IN WITNESS WHEREOF, this instrument is executed in five counterparts,
each one of which shall be deemed an original, this the 27th day of April,
A. D., 1975.
ATTEST:
Berenice James
Harnid .lamps. Tnr.
(Principal) Seej£c/e tary Principal
BY
7 President
lllj Gelv»8tou3 Fort Wottu,
SEAL
/?v^ - /TUa^ —/
Witness as tojTPrincipal
3420 Rvan Ave.f Ft. Wnrfh, Tpy
Address
PAB-2
28-74
ATTEST:
75
(Surety) Secretary
SKViV) INSU&fclCL GCMPA i'i' 0
Surety
Witness as to Surety
BY
Attorney-in-Fact
Barbara Rol^aa
?ori: Worth* Toxas
Address
PAB-3
28-75
SAFECO INSURANCE COMPANY OF AMERICA
GENERAL INSURANCE COMPANY OF AMERICA 76
HOME OFFICE: SAFECO PLAZA, SEATTLE, WASHINGTON 98185
POWER OF ATTORNEY
4009
No._
KNOW ALL MEN BY THESE PRESENTS:
That Safeco Insurance Company of America and General Insurance Company of America, each a Washington
corporation, does each hereby appoint
BARBARA ROKKAS, Fort Worth, Texas •
its true and lawful attorney(s)-in-fact, with full authority to execute on its behalf fidelity and surety bonds or undertakings
and other documents of a similar character issued in the course of its business, and to bind the respective company thereby.
IN WITNESS WHEREOF, Safeco Insurance Company of America and General Insurance Company of America have each
executed and attested these presents
22nd June 72
this day of , 19
W.O.HAMMERSLA. SECRETARY GORDON H.SWEAINIY, PRESIDENT^/-"
CERTIFICATE
Extract from Article VI, Section 12, of the By-Laws of SAFECO Insurance Company of America
and of General Insurance Company of America:
"Article VI, Section 12, - FIDELITY AND SURETY BONDS ... the President, any Vice President, and the Secretary shall
each have authority to appoint individuals as attorneys-in-fact or under other appropriate titles with authority to execute on
behalf of the company fidelity and surety bonds and other documents of similar character issued by the company in the
course of its business ... On any instrument making or evidencing such appointment, the signatures may be affixed by
facsimile. On any instrument conferring such authority or on any bond or undertaking of the company, the seal, or a
facsimile thereof, may be impressed or affixed or in any other manner reproduced; provided, however, that the seal shall not
be necessary to the validity of any such instrument or undertaking."
Extract from a Resolution of the Board of Directors of SAFECO Insurance Company of America and
of General Insurance Company of America adopted July 28, 1970:
uOn any certificate executed by the Secretary or an assistant secretary of the Company setting out,
(i) The provisions of Article VI, Section 12 of the By-Laws, and
(ii) A copy of the power-of-attorney appointment, executed pursuant thereto, and
(iii) Certifying that said power-of-attorney appointment is in full force and effect,
the signature of the certifying officer may be by facsimile, and the seal of the Company may be a facsimile thereof."
I, Wm. Hammersla, Vice President and Secretary of SAFECO Insurance Company of America and of General Insurance
Company of America, do hereby certify that the foregoing extracts of the By-Laws and of a Resolution of the Board of
Directors of these corporations, and of a Power-of-Attorney issued pursuant thereto, are true and correct, and that both the
By-Laws, the Resolution and the Power-of-Attorney are still in full force and effect.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the facsimile seal of each corporation
this 27th day nf April , 19 I?.
W. 0 HAMMERSLA. SECRETARY
28~76
77
74-153
Upon motion of Regent Gray, seconded by Regent Perkins, with all members
voting aye, it was ordered that Change Order No. 1 to add $39,036.00 to
the contract with Thomas § Thompson Construction Company, Inc., for
stadium parking lot storm repairs, be referred to the Building Committee
for possible revision before approval, and that the Chairman of the Board
be authorized to sign the Change Order when approved by that Committee.
74-154
Upon motion of Regent Gray, seconded by Regent Perkins, with all members
voting aye, it was ordered that Change Order No. 2 to add $30,633.00 to
the contract with Thomas § Thompson Construction Company, Inc., for
certain stadium parking lot improvements, be referred to the Building
Committee for possible revision before approval, and that the Chairman of
the Board be authorized to sign the Change Order when approved by that
Committee.
74-155
Upon motion of Regent Gray, seconded by Regent Justice, with all members
voting aye, it was ordered that Change Order No. 3 to add $10,879 to the
Thomas and Thompson Construction Company, Inc., contract, for certain
storm water systems improvements in the area of the southwest corner of the
University Center be approved and the Chairman of the Board be authorized
to sign the Change Order. The source of funds—Pledged Properties Sur
plus.
74-156
Upon motion of Regent Bryce, seconded by Regent Gray, with all members
voting aye, it was ordered that Change Order No. 3 to deduct $5,619 from
the Allen M. Campbell Company contract for the construction of the Coli
seum building be approved and the Chairman of the Board be authorized to
sign the Change Order.
74-157
Upon motion of Regent Gray, seconded by Regent Justice, with all members
voting aye, it was ordered that Change Order No. 4 to add a sum to be ap
proved by the Building Committee to the Allen M. Campbell Company contract
for the construction of the Coliseum parking lot storm repairs, and the
Chairman of the Board be authorized to sign the Change Order when approved
by the Committee.
74-158
Upon motion of Regent Perkins, seconded by Regent Powers, with all members
voting aye, it was ordered that any one of the following named and titled
persons be authorized to sign for the purchase of tax-free alcohol to be
used by the Chemistry Department of the University:
C. G. Haas Vice President for Fiscal Affairs
Otto J. Ehrlich Comptroller
Travis Whitaker Business Manager
28-77
78
74-159
Upon motion of Regent Justice, seconded by Regent Wright, with all members
voting aye, it was ordered that the following list of pay telephone station
locations be approved:
564-0095 SFA Fine Arts Building - Lobby
569-9167 SFA Student Center - 2nd Floor
569-9055 SFA Student Center - Main Floor
569-9134 SFA Student Center - Main Floor
569-9166 SFA Student Center - Basement
569-9126 SFA Student Center - TV Room
564-0901 SFA Music Building - 1st Floor
564-0910 SFA Gibbs Hall - Lobby
564-0058 SFA Gibbs Hall - 3rd Floor
569-9000 SFA Gibbs Hall - 2nd Floor
564-0956 SFA Gibbs Hall - 1st Floor
564-0905 SFA Library - 1st Floor near Elevator
564-0046 SFA Coliseum
564-0969 SFA Unit 3
569-9023 SFA Forestry Building
564-0027 SFA Coliseum - East College University Drive
569-9177 SFA Wisely Hall
569-9158 SFA Wisely Hall - 2nd Floor
569-9178 SFA Wisely Hall - 1st Floor
564-0968 SFA Unit 2
74-160
Upon motion of Regent Bryce, seconded by Regent Powers, with all members
voting aye, it was ordered that the University be authorized to issue a
purchase order to Robert Martin and Sons (concrete contractors) to con
struct certain sidewalks for a total value of $7,631 paralleling the curbs
of East College Street from Wilson Drive to the west end of the Lanana
Creek bridge. The source of funds is Pledged Properties Surplus.
74-161
Upon motion of Regent Gray, seconded by Regent Bryce, with all members
voting aye, it was ordered that the University be authorized to issue a
purchase order to Honeywell, Incorporated, for $8,762.00 to completely
overhaul the pneumatic control systems of the North and South Dormitories.
The source of funds--1962 Housing System Repair and Renovation Funds.
74-162
Upon motion of Regent Perkins, seconded by Regent Gray, with all members
voting aye, it was ordered that the following 1974-75 budget adjustments
be approved:
Account 1055/0501 Teaching Salaries $ 60,000.00
Account 1055/9001 Operation and Maintenance 20,000.00
from Educational and General Surplus $ 80,000.00
74-163
Upon motion of Regent Gray, seconded by Regent Wright, with all members
voting aye, it was ordered that the contract with the Tyner Company for
$10,967.00 to balance the mechanical systems of the University Center
building be approved and the Chairman of the Board be authorized to sign
the contract.
28-78
79
CONTRACT
THE STATE OF TEXAS X
I KNOW ALL MEN BY THESE PRESENTS
COUNTY OF NACOGDOCHES I
THIS AGREEMENT, made and entered into this 26th day of April, A.D.
1975, by and between the Board of Regents, Stephen F. Austin State Univer
sity of the City of Nacogdoches, County of Nacogdoches, and State of
Texas, acting herein through its President, Party of the First Part,
termed in the Contract Documents as the OWNER, and The Tyner Company of
the City of Houston, County of Harris, and the State of Texas, Party of
the Second Part, termed in the Contract Documents as the CONTRACTOR.
WITNESSETH: (1) That for in consideration of payments and agreements
hereinafter mentioned, to be made and performed by the Owner, the Contractor
hereby agrees with the Owner to commence and complete the balancing, test
ing and adjusting of the air conditioning system in The University Center
described in the "Description of the Work" and all work in connection there
with, and at his own proper cost and expense to furnish all the material,
supplies, machinery, equipment, tools, superintendence, labor, insurance,
and other accessories and services necessary to complete the said work in
accordance with the prices stated in the Proposal, and in compliance with
the Description of the Work hereto attached, all of which are made a part
hereof and collectively evidence and constitute the Contract.
(2) Contractor agrees to complete said work ready for use by
August 23, 1975.
In defaulting thereof, the Contractor shall be liable for
liquidated damages of $25.00 per day.
(3) The Owner agrees to pay the Contractor in current funds for
the performance of the Contract in accordance with the Proposal submitted
therefore, the sum of TEN THOUSAND, NINE HUNDRED SIXTY-SEVEN AND NO/100
DOLLARS ($10,967.00), subject to additions and deductions, and to make
payments on account thereof as provided. Systems to be available for testing
by July 15, 1975.
28-79
80
IN WITNESS WHEREOF, the parties of these presents have executed this
Contract in five (5) counterparts, each of which shall be deemed an original,
in the year and day first above mentioned.
SEAL BOARD OF REGENTS
STEPHEN F. AUSTIN STATE UNIVERSITY
BY
~~" President
The Tyner Company
Contractor
9903 Eastex Freeway
Houston, Texas 77016
Address
SEAL
T. W. Tyner
READ AND EXAMINED
Secretary
Board of Regents, Stephen F. Austin State University
28-80
81
DESCRIPTION OF THE WORK
BALANCING, TESTING AND ADJUSTING AIR CONDITIONING SYSTEM
UNIVERSITY CENTER, STEPHEN F. AUSTIN STATE UNIVERSITY
Scope of Work: The Owner plans to renovate the air conditioning system
in University Center during the summer of 1972. The renovation work is
to be complete by August 1, 1975. The building will have normal summer
use with necessary co-ordination for the renovation work.
The Owner is contracting to rework the air conditioning system. The
contract documents are attached.
The Testing and Balancing Contractor will have access as required,
subject to co-ordination, of the building from August 1, 1975 through
August 23, 1975. Work may begin prior to August 1, 1975 if desired and he
is encouraged to do so.
Services of the Testing and Balancing Contractor:
1. Through investigation and inspection of each air handling unit to
verify proper and/or required operation of all components within
the air handling units. Design conditions for large air handling
units is attached.
2. Adjust, balance and test each air conditioning unit to supply the
required quantity of air through the actual resistance of filters,
coils, duct systems and air distribution units. Also, set all
main, branch and mixing dampers to provide systemic balance.
Owner will provide clean filters.
3. Adjust, set all air balance valves, grids, dampers, diffusers,
grilles and registers of these systems to deliver the volume of
air to obtain optimum air distribution in the occupied spaces.
4. Water flow will be tested and adjusted at each water coil in the
various air handling units to insure that each coil is receiving
the volume of water required and of the proper temperature to per
form its duty.
5. The operation of the temperature control system shall be surveyed.
If the temperature control system requires repair, calibration, etc.,
such data will be submitted in the report to the Owner and Engineer
along with the record of temperatures measured.
6. Submit three copies of the report of findings and recommendations
to obtain optimum conditions of operation. Report to include data
on fans, dampers, air distribution devices and water flow through
coils. Air quantities at each register, water pressure readings
at coils, temperatures at coils, and static pressures at units shall
be included. Amperage and voltage readings at each motor shall be
included.
28-81
82
74-164
Upon motion of Regent Wright, seconded by Regent Gray, with all members
voting aye, it was ordered that C. G. Haas, Vice President for Fiscal
Affairs, be directed to attend the 1975 Institute of Educational Manage
ment, Harvard University Graduate School of Business Administration,
June 15 - July 26, 1975; to be held at Cambridge, Massachusetts; and
that he be reimbursed from available local funds of the University, the
round trip air transportation cost; and that the University be authorized
to pay the registration fee ($2,000.00) in his behalf to Harvard Uni
versity prior to June 1, 1975.
74-165 . . ,. ,
Upon motion of Regent Perkins, seconded by Regent Gray, with all members
voting aye, it was ordered that upon recommendation of the Building Com
mittee, the Science Auditorium building be named the Joseph W. Kennedy
Auditorium in honor of the late Joseph W. Kennedy, in recognition of his
outstanding contributions to Stephen F. Austin State University and for
his extraordinary scientific achievements in the field of Chemistry.
Upon motion of Regent Gray, seconded by Regent Perkins, with all members
voting aye, it was ordered that the Amendment to the Board's Rules and
Regulations concerning the policies for naming buildings and other
facilities be approved as follows:
AMENDMENT TO RULES AND REGULATIONS
BOARD OF REGENTS
STEPHEN F. AUSTIN STATE UNIVERSITY
Adopted January 23, 1971, in Regular
Meeting held in Houston, Texas, Minute Item No. 71-17
and Amended in Regular Meeting April 26, 1975
18.
Naming of Buildings and Other Facilities
Buildings and other facilities (including laboratories and clinics)
of Stephen F Austin State University may be named by the Board of Regents
for persons who have made outstanding contributions to the University or
its prestige and who are not actively associated with the institution.
Proposed names may be submitted from any source to the Council of
Deans for their recommendation to the President who, if he concurs shall
submit such names, together with background reasons to the Board of Regents
for consideration; provided, however, that the Board of Regents may act
without receiving a nomination from the Council of Deans, when circum
stances justify such action, and particularly when a substantial donation
has been made toward the construction of the building or facility to be
named. A name will not be moved from one building to another and when a
building is razed, the name will no longer be used.
A plaque shall be placed on each new building. The plaque shall
show the names of the Board of Regents in alphabetical order, and the
names of those occupying the following positions on the date of the con
tract award: The Chairman of the Board of Regents, the President of the
University, the Vice President for Fiscal Affairs, ^architect and the
contractor, together with the year the contract is awarded.
28-82
83
74-167
Upon motion of Regent Justice, seconded by Regent Cullum, with all members
voting aye, it was ordered that the following curriculum items, approved by
the University Undergraduate and Graduate Curriculum Committees, be approved:
COURSES ADDED: (Curriculum Committee)
Department and Number Title
Agriculture 422
Mathematics 338
Music 480
Secondary Education 388
COURSES TO BE REVISED:
Department and
Number
Geology 241
Geology 354
Geology 361
Geology 407
Geology 439
Geology 443
Geology 450
Music 237
School Services 329
School Services 430
School Services 434
Land Economics
Creative Problem Solving
Workshop in Elementary
Music
Seminar in Multi-
Cultural Education
Hours
Credit
3
3
1-6
(Curriculum Committee)
Title and Credit
Mineralogy (3)
Elementary Field
Geology (2)
Invertebrate Paleon
tology (3)
Sedimentation (3)
Petroleum Geology (3)
Optical Mineralogy
and Petrography (3)
Environmental Geology
(3)
Jazz Vocal Workshop
(1)
Psychology of Excep
tional Children (3)
The Mentally Retarded
Child (3)
Methods and Techni
ques of Instructing
the Mentally Re
tarded Child (3)
COURSES TO BE DELETED:
Department and Number
Chemistry 453
Communication 492
(Curriculum Committee)
Title and Credit
Biochemistry Laboratory (1)
Theories of Rhetoric (3)
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84
COURSES TO BE DELETED (Continued)
Department and Number Title and Credit
COURSES TO BE REVISED: (Graduate Council)
Department and
Number
Geology 407G
Geology 443G
Geology 525
Geology 562
Geology 515
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85
COURSES TO BE DELETED: (Graduate Council)
Department and Number Title and Credit
General Business 503 Business and the Law (3)
Geology 450G Environmental Geology (3)
Forestry 536 Soil Chemistry (3)
Management 577 Advanced Organization (3)
Political Science 453 Governments of Africa (3)
Political Science 455 Governments of the Middle
East (3)
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The meeting adjourned at 11:45 a.m.
28-86