Minutes of the Board of Regents of Stephen F. Austin State University. 1982, Volume No. 58

              Stephen F. Austin
State University
Minutes of the
Board of Regents
Nacogdoches, Texas
April 20,1982
Volume 58
"II
INDEX
Minutes of the Meeting
Stephen F. Austin State University
Board of Regents
Held in Nacogdoches, Texas
April-20, 1982
82-56 Election of Chairman of the Board 2
82-57 Election of Vice Chairman of the Board 2
82-58 Election of Secretary to the Board 2
82-59 Approval of Minutes
82-60 Approval of 1982 Summer School Faculty $ Staff ?
82-61 Approval of Faculty $ Staff Appointments for
1982-83
82-62 Faculty and Staff Appointments \
82-63 Changes in Status
82-64 Resignations
82-65 Requests for Leave -^
82-66 Promotions
82-67 Tenure n
82-68 Retirements z\
82-69 Promotions to Emeritus Status 1?
82-70 Designation of Regents' Professors l2
82-71 Approval to Increase Stipend for University
Scholars Program 12
82-72 Transfer of Student Property Deposit Funds to
University Scholars Program 13
82-73 Transfer of Student Property Deposit Funds to
New Student Loan Fund 1^
82-74 Approval of Proposal of Endorsement-Outdoor
Environmental Education
82-75 Approval of 1982 Budget Adjustments
Approval of 1982 Summer Budget
8, 7O Approval of 1982-83 Annual Operating KUaget i4
82-78 Authorization to Request Major Improvements
14
and Repairs Appropriations 14
82-79 Authorization to Request Special Items Appropriations 14
82-80 Approval of Change Order No. 1-Dormitory Repairs
Contract
82-81 Approval of Change Order No. 2-Dormitory Repairs
Contract
82-82 Authorization to Lease Portable Building on
Chemistry Renovation Project ir
82-83 Approval of Loose § Movable Furnishings for the
Forestry Expansion Project ->c
82-84 Approval of Loose § Movable Furnishings for the
Art Studio Project ,c
82-85 Approval of Contract for Construction of Weight
Room Addition to the Field House—Contin
gent Upon Approval of Coordinating Board 16
82-86 Authorization to Issue Purchase Orders for
Field House Equipment 16
82-87 Authorization to Issue'Purchase Order for Two New
Parking Lots on South Side of Campus 16
82-88 Authorization to Issue Purchase Order for Removal
of Asbestos in Residence Hall 12?s Mechanical
Room •.,-
82-89 Authorization to Issue Purchase Order for Air
Handlers and Boiler Stacks in East College
Cafeteria iy
82-90 Approval of Contract for Expansion of Automation
System-Phase II Project 17
82-91 Approval of Contract for Control Valves, Expansion
of Automation System-Phase II Project 27
82-92 Authorization to Issue Purchase Order for Replace
ment of Carpet and Tile in Certain Residence
Halls 37
82-93 Authorization to Issue Purchase Order for Replace-ment
of Furnishings in Certain Residence Halls 37
82-94 Approval of Contract to Construct Parking Lot for
Math/Nursing Project 37
82-95 Resolution of Appreciation (Mrs. Tom Wright) 53
MINUTES OF THE MEETING
BOARD OF REGENTS
STEPHEN F. AUSTIN STATE UNIVERSITY
HELD IN NACOGDOCHES, TEXAS
April 20, 1982
The meeting was called to order by Mrs. Tom Wright, Chairman of the
Board of Regents, at 9:00 a.m. April 20, 1982.
REGENTS -
PRESENT:
STAFF -
PRESENT:
VISITORS -
Mrs. Tom Wright of Nacogdoches
Mr. Ted Bowen of Houston
Mr. Homer Bryce of Henderson
Mrs. George Cullum, Jr. of Dallas
Mr. Fletcher Garner of Bridge City
Mr. Larry Jackson of Piano
Mr. Glenn Justice of Dallas
Mr. Robert E. Samuel, Jr. of Madisonville
Mr. Walter Todd of Dallas
Dr.
Dr,
Dr.
Mr.
Mr.
Mr.
William R. Johnson, President of the University
Edwin Gaston, Vice President for Academic Affairs
Baker Pattillo, Vice President for Student Affairs
Otto Ehrlich, Interim Vice President for Fiscal Affairs
Robert Provan, Legal Counsel
Clyde Carman, Director of Development
Dr. Wendall Spreadbury, Chairman of the Faculty Senate
Ms. Marilea Murray, President of Student Government
Mr. Ross Crowe, President Elect of Student Government
Ms. Pamela Hesser, Editor of the Pine Log
82-56
Upon motion of Regent Todd, seconded by Regent Samuel, with all members
voting aye, it was ordered that Regent Justice be elected as Chairman
of the Board.
82-57
Upon motion of Regent Samuel, seconded by Regent Todd, with all members
voting aye, it was ordered that Regent Bowen be elected as Vice Chairman
of the Board.
82-58
Upon motion of Regent Garner, seconded by Regent Bryce, with ail members
voting aye, it was ordered that Dr. Baker Pattillo be elected as
Secretary to the Board.
82-59
Upon motion of Regent Cullum, seconded by Regent Samuel, with all members
voting aye, it was ordered that the minutes of January 19, 1982, be
approved.
82-60
Upon motion of Regent Cullum, seconded by Regent Samuel, with all members
voting aye, it was ordered that the 1982 Summer School Faculty and Staff
appointments as submitted under separate cover be approved.
82-61
Upon motion of Regent Bryce, seconded by Regent Todd, with all members
voting aye, it was ordered that the 1982-83 Faculty and Staff appointments
as submitted under separate cover be approved.
82-62
Upon motion of Regent Todd, seconded by Regent Samuel, with all members
voting aye, it was ordered that the following individuals be employed for *
the positions, dates, and salaries indicated:
1. Department of Accounting
Mr. Royce C. Brough, 62, [M.B.A., Texas A$M University], Lecturer 25%
time in Accounting, at a salary rate of $2,000 for the Spring Semester,
1982, only.
Dr. Carolyn T. Conn, 29, [Ph.D., University of Arkansas], Lecturer 25%
time in Accounting, at a salary rate of $2,500.for the Spring Semester,
1982, only.
Dr. Carolyn T. Conn, 29, (Ph.D., University of Arkansas), Assistant
Professor in Accounting, at a salary rate of $27,000 for nine months,
effective September 1, 1982.
2. Department of Administrative Services
r ^-^y J.#Wilineth, 40, (J.D., University of Texas Law School)
Lecturer 50. time in Administrative Services, at a salary rate of
$.5,^56 for the Spring Semester, 1982, only.
3. Department of Agriculture
"' 38' CPh-D" TeXaS MM diversity),
4. Department of Art
' Austin State
£ $
Ms. Barbara Fay Schoenewolf, 32, (M.F.A., Stephen F. Austin State
5. Department of Communication
Ms. Bonita Olivia Gibson-McMullen, 38, (M.A., Stephen F Austin State
^S^fnr0V%CtUrer T° tlme ln Co—Nation, a/a salary rate of
*l,562 for the Spring Semester, 1982, only.
6. Department of Computer Science
Dr. Harold D. Camp, 30, (Ph.D., Southern Methodist University)
LCt:r5^e: T^Z^^ " l $^^
7. Department of Counseling and Special Educational Programs
LectureTs^V ^ 32>0*.™-> Southwest Texas State University),
of $2 000 Jor tf T fUng and SpeCial Education, at a salary ^ o± $2,000 for the Spring Semester, 1982, only.
8. Criminal Justice Program
^ tMA Sh Austin StMe University),
9. Department of English and Philosophy
Mr. Cydney W. Adams, 31, (M.A., Stephen F. Austin State University!
Lecturer 50% time in English, at a salary rate of $3,256 for the '
Spring Semester, 1982, only. '
40' CPh-D-' diversity of Texas), Lecturer 25%
alar ^ °f $1'736 f°r the S?*in* Semester,
F' AuStin State University),
: only. ' ** * "^ rate °f *1'860 f^ ^he Spring
Dr. Linda Feldmeier, 34, (Ph.D., University of Connecticut) Assistant
& i:^ii]\r^:alary rate of $i82 istant
F. Austin State University),
e, , ~~ _ w«.o.w.x/ xaie of $1,447 for the Spring
luJTZt ,C"laCLr"d-/3'.(H-A-; S"« ^i' University),
wL"™iJ? mgilSft> " S Salar7 Tate °f *1-"« fOT the Sprini"LEt£rr
10. School of Forestry
fH^^i-^-;-5^f--i/-0-ri=jty), Assistant ProfessOr
Mr. David M. Knotts, 32, (H.S.F., Stephen F. Austin State Universitvl
nralr trl0PrntSerViCeS *» "»»«nr t l T ^ ' te Universitvl 9ni67rforalo0.r ttrl0PrfntfSerViCeS nr, at a salary raT f^ '.
/ time> effective March 15, 1982 through At ^1 1Q<?
11. Department of Health and Physical Education
Mr. Clyde Alexander, 46, (M.Ed., North Texas State University)
of 2U32°5%or\liml " ^^ "' PhySlCal Educ^ion, at a sSry rate ot $2,325 for the Spring Semester, 1982, only.
Mr. Tom Fleming, 41, (M.Ed., Stephen F. Austin State University)
Lecturer 80% time in Health and Physical Education, at a sSart rite of
$4,275 for the Spring Semester, 1982, only
i ! onf ' 28j (M-Efl" StePhen F' Austin State University),
Lecturer 80% time in Health and Physical Education, at a salary rate of
*4,275 for the Spring Semester, 1982, only.
Mr. Farshid Niroumand, 28, (B.S.Ed., Stephen F. Austin State Uni-lllTZ
h TlTf^ IT° l^ ^ Health and PhySiCal Education, at a salary rate of $1,474 for the Spring Semester, 1982, only.
Mr. Silas E. South all, 32, (M.A.T., Angelo State University), In-tlTon°
l l^T ^ Health and PhySlCal Education> at a salary rate of 3.3,100 for the Spring Semester, 1982, only.
12. Department of Management and Marketing
- Anderson' 63> (M'A-> diversity of Pittsburgh), Lecturer
^T1 ^ a SalSry "^ £ $3153 ^ h ^
Ms Carolyn P. Spurrier, 39, (M.B.A., Stephen F. Austin State Uni-lltlyh
L6CtTr 75% tlme in Management, at a salary rate of $4,500
for the Spring Semester, 1982, only. '
13. Department of Mathematics and Statistics
M!" Be">;0K-.Ma™ing> 56, (M.S., Stephen F. Austin State University)
TLSSr&r^1"at a saiary rate of $29 l/
■ l\i StSatS ShePard> A6> &'k-> Austin College) Lecturer 20% time
^Mathematics at a salary rate of $1,550 for the Spring Semester, ^982,
14. Department of Music
Mr Dennis P._Bell, 28, (M.M., University of Cincinnati), Lecturer
till, only? * ^ a Salary rate °f $1'90° f°r the SPrin§ Semester,
' ?7' CM'A" St6phen F' Aus^in State University), "
fes^f? Wayne/j;ier' 42> Cph-D- Michigan State University), Pro-rate
of Lf son f C^^man. of the Department of Music, at a salary
rate of $41,800 for eleven months, effective September 1, 1982.
15. Division of Nursing
Ms. Alice K. Scales, 41, (M.S.N., University of Texas-Austin) Assistant
.16. Department of Physics
Mr. Mike Hibbs, 27, (M.S., Stephen F. Austin State University),
Lecturer 50% time in Physics, at a salary rate of $2,981 for the Spring
Semester, 1982, only.
17. Department of Political Science
Dr. Harry Vincent Hoechten, 58, (D.P.A., Nova University), Lecturer
25% time in Political Science, at a salary rate of $1,750, and 25%
time in Applied Arts and Sciences, at a salary rate of $2,516 for the
Spring Semester, 1982, only.
18. Department of Secondary Education
Ms. Betty Jane Harrison, 30, (M.Ed., Stephen F. Austin State Uni
versity), Assistant Instructor in Secondary Education, at a salary rate
of $6,800 for 100% time for the Spring Semester, 1982, only.
19. Social Work Program
Mr. James A. Armsworth, 44, (M.S.S.W., Kent School of Social Work),
Lecturer 75% time in Social Work, at a salary rate of $7,500 for the
Spring Semester, 1982, only.
20. Department of Sociology
Ms. Alyce B. Bunting, 27, (M.A., Stephen F. Austin State University),
Assistant Instructor in Sociology, at a salary rate of $6,434 for 100%
time for the Spring Semester, 1982, only.
21. Applied Arts and Sciences (Off-Campus)
The following faculty have been appointed to teach off-campus courses
at the designated time, place, and for salaries indicated:
Chester Allen
Mary Appleberry
John Austin
Duke Brannen
Timothy Clipson
Loyd Collier
Ralph Eddins
Donald Gregory
Patsy Hallman
William Heeney
Harold Hill
Jerry Irons
Johnny Long
Mary Ella Lowe
Samir Maamary
Max Morley
Morgan Moses
Joe Ormsby
Milton Payne
Douglass Prewitt
Kay Rayborn
Jesse Richardson
Elvia Rodriguez
Dwane Russell
Jack Spurrier
James Standley
John Thornton
22. University Library
Spring 1982
Spring 1982
Spring 1982
Spring 1982
Spring 1982
Spring 1982
Spring 1982
Spring 1982
Spring 1982
Spring 1982
Spring 1982
Spring 1982
Spring 1982
Humble
Coffield
Diboll/Jasper
Longview
Longview
Humble
Humble
Coffield
Longview
Jasper
Longview
Coffield
Jasper
$ 740
766
1,346
636
1,336
1,440
1,440
800
1,336
946
1,336
1,066
1,346
Ms. Marthea Jo Turnage, 34, (M.L.S., Texas Woman's University),
Librarian I, at a salary rate of $6,250 for 100a ' ' ~ " >
Semester,
23. Computer Center
ratenf^ ^a^fS 2?' Technical Support Programmer I, at a salary
rate of $14,539 for twelve months, effective January 11, 1982.
24. Student Affairs
f ^Tf ^' Jr" ' Assistant Co*ch at a salary rate of
for 10.5 months, effective January 1, 1982.
^th^ ?m'TAssistant C°acn, at a salary rate of $27,500
months, effective January 1, 1982.
fnr;nJy ileXan^r' Assistant Coach, at a salary rate of $25,309
tor 10.5 months, effective January 1, 1982.
moiJr S°£haJ}' AsTsistant Coach> ^ a salary rate of $25,309 for
months, effective January 1, 1982.
25. Fiscal Affairs
fp; ""Ire* Andrasi, 44, Plumbing Foreman, at a salary rate of
,675 for twelve months, effective March 15, 1982.
82-63
Upon motion of Regent Wright, seconded by Regent Bryce, with all members
voting aye, it was ordered that the following changes in status be
approved:
1. Applied Arts and Sciences
Ms. Irene Armsworth, Instructor of Applied Studies, from a salary
rate of $14,770 for 100% time for nine months to a salary rate of
$16,616 for nine months, effective Spring Semester, 1982, only. Ms
Armsworth is teaching one additional class as an overload.
2. Department of Communication
Dr James Edward Towns, Associate Professor of Communication, from
a salary rate of $25,477 for 100% time in Communication to a salary
rate of $26,277 for nine months, effective Spring Semester, 1982, only
Dr. Towns is teaching Sociology 305 as an overload.
Ms. Fredagin Perry Peppard, Assistant Instructor in Communication,
from a salary rate of $3,000 for 50% time to $4,562 for 75% time for
the Spring Semester, 1982, only.
3. School of Business
Dr. Marlin C. Young, Professor of Administrative Services at a
salary rate of $29,741 for 100% time for nine months, to Professor of
Administrative Services at a salary rate of $24,748 for 10.5 months
and Interim Assistant Dean for the School of Business at a salary
rate of $15,402 for 11 months, effective September 1, 1982. Total
salary over the eleven-month period is $40,150.
4. School of Forestry
Dr. Michael S. Fountain, Assistant Professor of Forestry, from a
S S? lT,°f $21'938 f°r 100% time for nine ™*ths'to a salary rate
or $25,678 for nine months, effective Spring Semester, 1982, only
Dr. Fountain is teaching an additional lecture and two field laboratory
sections as an overload. y
5. Department of Secondary Education
Ms. Paulette D. Wright, Lecturer in Secondary Education, from a
S^lalLTTe f, I13'336 f°r ?5% Ume f0r nine months to a salary rate of
$15 336 for 87.5-6 time for nine months, effective the Spring Semester,
iy»2, only. Ms. Wright will supervise an additional section of
student teachers.
6. Student Affairs
^<-S2 <fav^, Assistant Coach from a salary of $18,552 to a salary
$25,309 for 10.5 months, effective January 1, 1982.
i;14;nqt^-J^' fromuMedicai Technologist at a salary rate of
1,1'n-,1 t03ief Clinical Laboratory Scientist at a salary rate of
>>16,U78, effective January 1, 1982.
«*MlnCKim If awford> from Reservation Assistant I at a salary rate of
^8,605 to Housing Accounts Manager at a salary rate of $13,600 ef
fective February 2, 1982. ' '
7. Fiscal Affairs
Mr John Grier, from Plumbing Foreman at a salary rate of $17 675 to
Plumber II at a rate of $7.99 per hour. '
82-64
Upon motion of Regent Todd, seconded by Regent Cullum, with all members
voting aye, it was ordered that the following resignations be accepted:
1. Department of Accounting
Dr. Carl Brewer Assistant Professor of Accounting, effective May 31,-
1982. Dr. Brewer has accepted other employment.
2. Department of Agriculture
Janu;rv°8eriq8rSenMarMin;-ASS°Ciate Pro£essor of Agriculture, effective January 8, 1982. Dr. Martin accepted other employment.
Ma^V^f StMPhe2 W5?dley' Inst™ctor in Agriculture, effective
May 31 1982. Mr. Woodley resigned in order to remain at Louisiana
State University to complete requirements for the Ph.D. degree.
1Q8?"" ^ l™lel Klrk' Manag6r °f the Beef Farm' effective February 28,
1982. Mr. Kirk has accepted other employment.
3. Department of Elementary Education
pff \PaUlnBry°" Beran> Lecturer 25% time in Elementary Education,
eLewhere ^ ^ 1981' "*' ^^ aCC6pted £ull^ime -Pl^
4. School of Forestry
Mr. Patrick R. Bray, Manager of Career Development Services in
Forestry, effective February 1, 1982. Mr. Bra/Accepted other employ-
5. Department of Health and Physical Education
MrMrcJOin E55^'. Instructor and Athletic Coach, effective March 15, 1982.
Mr. Essex is resigning to accept another position.
10
Mr. Thomas E. Jordan, Instructor and Athletic Coach, effective
February 17, 1982. Mr. Jordan has accepted other employment
6. Department of Management and Marketing
L/o^u^0^^ **«*' Instructor a*d Placement Coordinator,
i, J.y»2. Mr. Raber accepted other
7. Department of Music
Mr. Michael A. Pierce, Instructor of Music, effective May 31, 1982.
8. Department of Secondary Education
9. University Library
Ms. Sally Beaty, Librarian I, effective May 31, 1982. Ms Beatv
resigned to pursue other professional interests. Y
10. Student Affairs
effectivebArriiaiPb1982 Manager °f the Unive^ity Center Post Office,
* *■ • -^ • v^firnpuexL is resipninp" tot* nPT'c^na i
reasons. g lg rur personal
11. Fiscal Affairs
February"^ ^itT'^r^ °f Gr°UndS ^ Tran^o^atiOn, effective February 23, 1982. Mr. Goodman resigned for personal reasons.
82-65
1. Department of Art
^ lt °f Art" '^'"v. Septet 1,
11
2. Department of Chemistry
Dr. James M. Garrett, Professor of Chemistry, effective September 1
1982 through May 31, 1983.
82-66
Upon motion of Regent Bowen, seconded by Regent Jackson, with all members
voting aye, it was ordered that the following promotions be awarded:
From Associate Professor to Full Professor:
Dr. James 0. Standley, Applied Arts and Sciences
Dr. John H. Lewis, Department of Economics and Finance
Dr. Marlin Young, Department of Administrative Services
Dr. Lawrence Zillmer, Department of Theatre
Dr. James C. Kroll, School of Forestry
Dr. William Brophy, Department of History
Dr. Beverlyanne Robinson, Division of Nursing
From Assistant Professor to Associate Professor
Dr. Margaret Rucker, Department of Home Economics
Dr. Roy Watkins, Department of Agriculture
Dr. James Corbin, Department of Sociology
Dr. David Petty, Department of Sociology
Dr. Donald Gregory, Department of Political Science
From Instructor to Assistant Professor:
Ms. Carolyn Smith, Social Work Program
Mr. Joan Johnston, Division of Nursing
Mr. John Moore, Department of Chemistry
82-67
Upon motion of Regent Wright, seconded by Regent Jackson, with all members
voting aye, it was ordered that the following awards of tenure be approved.
Ms. Sharron Graves, Department of Accounting
Dr. Craig A. Wood, Department of Computer Science
Dr. Lynnette Solomon, Department of Economics and Finance
Dr. Kurt Stanberry, Department of Administrative Services
Dr. Mildred Pryor, Department of Management and Marketing
Dr. Roy Watkins, Department of Agriculture
Dr. William Weber, Department of Counseling and Special Educational
Programs
Dr. Mary Ella Lowe, Department of Elementary Education
12
Dr. Raymond Eastman, Department of Psychology
Dr. James 0. Standley, School of Applied Arts and Sciences
Mr. William Syers, Social Work Program
82-68
Upon motion of Regent Todd, seconded by Regent Bowen, with all members
voting aye, it was ordered that the following retirements be approved:
1. Department of Art
Ms. Emily Hargraves, Assistant Professor of Art, effective May 31
1982. y
2. Department of Chemistry
Dr. Albert R. Machel, Professor of Chemistry, effective May 31, 1982.
3. Student Affairs
James Ehrlich, M.D., University Physician, effective February 28,
1982.
82-69
Upon motion of Regent Cullum, seconded by Regent Wright, with all members
voting aye, it was ordered that the following promotion to Emeritus status
be approved:
1. Department of Modern Languages
Dr. Carl Keul, Ph.D., Professor Emeritus of Modern Languages,
effective September 1, 1982.
82-70
Upon motion of Regent Todd, seconded by Regent Bryce, with all members
voting aye, it was ordered that Dr. Walter Robertson, Professor of
Biology, be designated Regents' Professor for Teaching for academic year
1982-83, and that Dr. Dan J. Beaty, Professor of Music, be designated
Regents' Professor for Research for academic year 1982-83.
82-71
Upon motion of Regent Bowen, seconded by Regent Bryce, with all members
voting aye, it was ordered that the amount of each scholarship stipend in
the University Scholars Program be increased from $750 to $1,000 annually.
13
82-72
Upon motion of Regent Bryce, seconded by Regent Todd, with all members
voting aye, it was ordered that $40,000 of lapsed student property deposits
be transferred to the University Scholars Program. deposits
82-73
Wright seconded by Regent Cullum, with all members
to the following
isedfor^hT ^ ^^ p L0an Fund are to be
mrf ff °? re^ated exPenses su<* as room and board, tuition
and fees, books and supplies, etc.
2. Students borrowing from the Student Property Deposit Loan Fund
work Sh™ satlsfact0^ P^ess in their previous academic
work and have some established means of repaying the loan.
3. Loans made from the Student Property Deposit Loan Fund shall bear
a nominal interest rate of 6% per annum with a minimum fee to be
assessed equal to the existing short term loan program service
fund' LYeCVfd by-a Promiss°r/ ^te from the student o tne loan
tund, and will require no collateral.
e ^ Student Per semeste^ will be
in which th i ^f be repaid hY the end of the ^mester in which the loan was made.
82-74
Outdoor Environmental Education be
82-75
"TinTliT. fr llr^tl^.l'T-^y ^gent Wright, with
N°; Account Name Explanation Mount
-9300 jjept. of Computer Cost of DS999 Model Computer
Science System under Tex. Instruments
Equip. Mtn. Agreement $ 9,000
2. 1406 Affirmative Action Salary for Coordinator of
Handicapped Student Act. 3,000
Source of Funds: Education and General Surplus
14
Account No. Account Name
^ 5615-9300 U. C. Programs
4. 5501
5. 5075
6. 5240
Housing
-—* ____ ___
Additional funds for
programs and services
Salary for position of
Housing Accounts Mgr.
Amount
$25,000
9,100
Women's Intercol- Additional graduate assistant
legiate Athletics for 1982 Spring Semester 2,200
Alumni Association Salary for additional office
employee 2,600
Source of Funds: Pledged Property Surplus
82-76
Upon motion of Regent Wright, seconded by Regent Bowen, with all members
82-77
Upon motion of Regent Todd, seconded by Regent Jackson, with all members
Year fgsf'wh T °rdfed/hat the Annual Operating Budget for Fi ca
and a Ltal f ^°?7 *" ltOt&1 CUrrent fund revenue of $42,288,621
SVS^Tl^L6?6^1'^ °f *416136" b as sub-
82-78
Upon motion of Regent Todd, seconded by Regent Bowen, with all members
voting aye, it was ordered that the University be authorized to l
SnSr/SjT" tHe ^^ L8giSlatUre ^ ^ ^nSr^
1. Renovation of the Forestry Lab Building
2. Renovation of the Griffith Fine Arts Building
82-79
Jf
appropriations from the 68th Legislature for the follSg
1. Instructional capital equipment
2. "Governor's School"
3. Academic Assistance Center
$400,000
700,000
210,000
items
15
82-80
Upon motion of Regent Bowen, seconded by Regent Cullum, with all members
voting aye, it was ordered that Change Order No. 1 to add $12 842 to the
contract with T. G. Evans Company for dormitory repairs in Dorm 14 be
approved and the Chairman of the Board be authorized to sign the Change
82-81
Upon motion of Regent Cullum, seconded by Regent Wright, with all members
voting aye, it was ordered that Change Order No. 2 to add 130,000 to the
Contingency Fund in the construction contract with T. G. Evans Company
for dormitory repairs, be approved and the Chairman of the Board be
authorized to sign the Change Order.
Source of Funds: Auxiliary Enterprise Surplus
82-82
v °f ReSenVVrif t, seconded by Regent Bryce, with all members
aye, it was ordered that the University be authorized to issue a
^^t0 *"* ^f P°?tahle BuildinS ComP*ny, Jacksonville,
e °f a tM l *" for
Source of Funds: Education and General Surplus
82-83
-5 Regent/Od^ fended by Regent Wright, with all members
' 1Z "asA °rdejf thf the budget for the Forestry Expansion
ameH It /,l ^ $37'°00 f°r the pUrchase of loose and movable
i University Administration be authorized to seek
gn amt
*-" >*-*-•. v ^A ^a. i.,^ rvamxil is LI cLLJLUJl 06 Hu
and sign purchase orders for the authorized amount.
Source of Funds: Ad Valorem Tax Proceeds on Hand
82-84
vTinTltT °t RegenVar"er> seconded by Regent Bowen, with all members
- w d d ,h h b Ar stud.o ^^^ ^ 7/1 ;J.V uget for the Art Studio Project be
that th' ning $S5!00QJOT the Purcha*e of loose and movable furnishings
l a diversity Administration be authorized to seek bids and sign
hase orders for the authorized amount ^
Ztl a iversity Administration be
purchase amount.
Source of Funds: Ad Valorem Tax Proceeds on Hand
16
82-85
Upon motion of Regent Wright, seconded by Regent Todd, with all members
voting aye, it was ordered that the bid of T. G. Evans Company, Nacogdoches,
Texas, for $119,245 for the construction of the weight room addition'to the
Field House be accepted and the Chairman of the Board be authorized to sign
the contract contingent upon the approval of the Coordinating Board.
Source of Funds: Unexpended Plant Funds
82-86
Upon motion of Regent Todd, seconded by Regent Garner, with all members
voting aye, it was ordered that the University Administration be authorized
to issue purchase orders for the Field House Equipment listed below:
1. Free-standing air conditioning units
for dressing rooms $11,500.00
2. Football Scoreboard 15,675.00
3. Weight Room Equipment 12,445.00
4. Carpeting for Meeting Room 4,>117.69
5. Chalk Boards 3,667.60
6. Video Equipment 4,052.95
Total $51,458.24
Source of Funds: Auxiliary Enterprise Surplus
82-87
Upon motion of Regent Wright, seconded by Regent Jackson, with all members
voting aye, it was ordered that the bid of Clifton Construction-Engineering,
Incorporated, Nacogdoches, Texas, for $58,000 for the paving of two new
parking lots on the south side of the campus be approved, and the University
Administration be authorized to issue a purchase order.
Source of Funds: Auxiliary Enterprise Surplus
82-88
Upon motion of Regent Bowen, seconded by Regent Todd, with all members
voting aye, it was ordered that the bid of Pineywoods Investment Company
Incorporated, Nacogdoches, Texas, for $11,000.00 for the removal of asbestos
in the mechanical room of Residence Hall 12 be approved, and the University
Administration be authorized to issue the purchase order.
Source of Funds: Auxiliary Enterprise Surplus
17
82-89
Upon motion of Regent Bryce, seconded by Regent Todd, with all members
voting aye, it was ordered that the bid of Nacogdoches Sheet Metal and
Plumbing, Nacogdoches, Texas, for $21,929.00 be approved for the replace
ment of air handlers and boiler stacks in the East College Cafeteria
and the University Administration be authorized to issue a purchase order.
Source of Funds: Auxiliary Enterprise Surplus
82-90
Upon motion of Regent Todd, seconded by Regent Cullum, with all members
voting aye, it was ordered that the bid of MCC Powers, 1311 Repal Row
aeXaS547 ** *2"™00 f th ^ik
g y, ed that the bid of M
Sy eam'pheaXaSTT5H47' 2">-00 for the ^^iok of the Automation
System-Phase II be approved, and the Chairman of the Board be authorized
to sign the contract, and that the University Administration be given
^L^^r* ^ Pr°JeCt the am0Unt of $35>°°0.00 from Auxiliary
Source of Funds: State Appropriation, Federal Grant and Auxiliary
Enterprise Surplus
18
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
1977 EDITION
ANTAiSTn^v^LH^SJMP°RTANT LECAL CONSEQUENCES; CONSULTATION WITH
AN ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION
Use only with the 1976 Edition ol AIA
Thls d0^^ent has been approved and endorsed by The Associated General Contractors of America.
AGREEMENT
made as of the 20th dav of a -i ..u r >.,■
Hundred and Eighty-Two P m the year of Nineteen
BETWEEN the Owner: stephen F. Austin State University
Nacogdoches, Texas 75962
and the Contractor: Mcc Powers
1311 Regal Row
Dallas, Texas 75247
The Project: Extension of Automation System Phase II
Stephen F. Austin State University
Nacogdoches, Texas
The Architect: Friberg Alexander Maloney Gipson Weir Inc
P. 0. Box 2080
Fort Worth, Texas 76113-2080
The Owner and the Contractor agree as set forth below.
mission of lhe AIA violalcs ,he «r ir ^rsi s- WiXtittS£
^
19
ARTICLE 1
THE CONTRACT DOCUMENTS
The Contract Documents consist oi this Agreement, the Conditions of the Contract (General, Supplementary and
other Conditions), the Drawings, the Specifications, all Addenda issued prior to and all Modifications issued after exe
cution of this Agreement. These form the Contract, and all are as fully a part of the Contract as if attached to this
Agreement or repeated herein. An enumeration of the Contract Documents appears in Article 7.
ARTICLE 2
THE WORK
The Contractor shall perform all the Work required by the Contract Documents for
(Here insert the caption descriptive of the Work as used on other Con'ract Documents.) purchase of automation
control devices, supervision, checkout of automation system. The Owner will
install the components furnished by the Contractor.
ARTICLE 3
TIME OF COMMENCEMENT AND SUBSTANTIAL COMPLETION
The Work to be performed under this Contract shall be commenced upon written notice tQ
and, subject to authorized adjuslments, Substantial Completion shall be achieved not later than one hundred
(Here insert any special provisions for liquidated d2mages relating to failure to complete on time.)
eighty (180 days from date of written notice to proceed.
A101-1977 2
20
ARTICLE 4
CONTRACT SUM
The Owner shall pay the Contractor in current funds for the performance of the Work, subject to additions and
deductions by Change Order as provided in the Contract Documents, the Contract Sum of TWO HUNDRED
SIXTY-FOUR THOUSAND, FIVE HUNDRED SEVENTEEN AND NO/100 DOLLARS ($264,517.00)
The Contract Sum is determined as follows:
(State here the base bid or other lump sum amount, accepted alternates, and unit prices, as applicable.)
Base Bid $407,405
Alternate No. 1 - 18,205
Alternate No. 2 - 30,992
Alternate No. 3 - 84,691
Alternate No. 6 . - 9,000
TOTAL CONTRACT AMOUNT $264,517
ARTICLE 5
PROGRESS PAYMENTS
Based upon Applications for Payment submitted to the Architect by the Contractor and Certificates for Payment issued
by the Architect, the Owner shall make progress payments on account of the Contract Sum to the Contractor as pro
vided in the Contract Documents for the period ending the 30th day of the month as follows:
Not later than 30 days following the end of the period covered by the Application for Payment
ninety percent ( 90 %) oi the portion of the Contract Sum properly allocable to labor materials and
equipment incorporated in the Work and ninety Percent ( 90 %) of the portion oi the Contract
bum properly allocable to materials and equipment suitably stored at the site or at some other location agreed upon
m writing, for the period covered by the Application for Payment, less the aggregate of previous payments made by the
Owner; and upon Substantial Completion of the entire Work, a sum sufficient to increase the total payments to
ninety percent ( 90 %) of the Contract Sum, less such amounts as the Architect shall determine for all
incomplete Work and unsettled claims as provided in the Contract Documents.
5//agne°o/C?omp/fe^onVJ|/lCre '" "* C°ntraCl Documenls' her* in5ert ™Y provision lor limiting or reducing the amount retained after the Work reaches a certain
Payments due and unpaid under the Contract Documents shall bear interest from the date payment is due at the rate
entered below, or m the absence thereof, at the legal rate prevailing at the place of the Project.
(Here insert any rate of interest agreed upon.)
No interest paid.
™Ac!?T ?nd> requirem.enlls ^dcr the Federal Truth in Lending Act, similar state and local consumer credit laws and other regulations at thl Owner's
be obtainedw^ Sm^r ,-e location, ol the Proiect *nd elsewhere may affect the validity of this provision. Specific legal adfice should
oe ootamea with respect to deletion, modification, or other requirements such as written disclosures or waivers.)
AIA DOCUMENT A101 • OWNER-CONTRACTOR AGREEMENT • ELEVENTH EDITION • JUNE 1977 • AIA®
©1977 • THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVL, N.W., WASHINGTON, D. C. 20006 A101-1977 3
21
ARTICLE 6
FINAL PAYMENT
Final payment, constituting the entire unpaid balance of the Contract Sum, shall be paid by the Owner to the
Contractor when the Work has been completed, the Contract fully performed, and a final Certificate for Payment has
been issued by the Architect.
ARTICLE 7
MISCELLANEOUS PROVISIONS
7.1 Terms used in this Agreement which are defined in the Conditions of the Contract shall have the meanings
designated in those Conditions.
7.2 The Contract Documents, which constitute the entire agreement between the Owner and the Contractor, are listed
in Article 1 and, except for Modifications issued after execution of this Agreement, are enumerated as follows:
(List below the Agreement, the Conditions ol the Contract (General, Supplementary, and other Conditions), the Drawings, the Specifications, and any Addenda
and accepted alternates, showing page or sheet numbers in all cases and dales where applicable.)
SPECIFICATIONS
Advertisement for Bids
Instructions to Bidders
Instructions to Bidders (AIA Document A701)
Description of the Work
Base Bid and Alternates
Proposal
Standard Form of Agreement Between Owner & Contractor (AIA Document A101)
Performance Bond
Payment Bond
General & Federal Supplementary Conditions (AIA Documents A201 and A201/SC)
Special Conditions
Wage Rate
Davis-Bacon Act Regulations - Part 5
OKB Circular A102, Section 14 - Contract Provisions
Notice to Employees
Payroll Forms
Section 1A - General Requirements
Information from Bidders
Centralized Data Acquisition Control Monitoring System
Instructions, Acceptance and Guarantee
Point Schedules
Addendum No. 1
Addendum No. 2
This Agreement entered into as of the day and year first written above.
OWNER CONTRACTOR
BOARD OF REGENTS
STEPHEN F. AUSTIN STATE UNIVERSITY MCC POWERS
Nacogdoches, Texas 1311 Regal Row
\ Dallas^ Texas
-Glerfn Justice\ Chairman of the Board R W Bl
of R* e*entsMq^na^c ^Ccnt^^^ri^ini.
AIA DOCUMENT A101 • OWNER-CONTRACTOR AGREEMENT • ELEVENTH EDITION • JUNE 1977 • AIA®
©1977 • THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D. C. 20006 A101-1977 4
EXECUTED IN QUADRUPLICATE ~ 22
PERFORMANCE BOND BOND NO. 400 GD 2557
THE STATE OF TEXAS
COUNTY OF NACOGDOCHES
KNOW ALL MEN BY THESE PRESENTS: That we, MCC Powers, a Corporation \
of Dallas, Dallas County, Texas, hereinafter called Principal, and
\
ST. PATH. FTKF & MABTMF TMSTTpAMCE COMPANY >
State of MTKjNEgQTA > hereinafter called the Surety, are
held and firmly bound unto STEPHEN F. AUSTIN STATE UNIVERSITY, hereinafter
called Owner, in the penal sum of TWO HUNDRED SIXTY-FOUR THOUSAND, FIVE
HUNDRED SEVENTEEN AND NO/100 DOLLARS ($264, 517.00) 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, executors, administrators and successors, jointly and severally,
firmly by these presents.
THE CONDITION OF THIS OBLIGATION is such that whereas the Principal
entered into a certain Contract with STEPHEN F. AUSTIN STATE UNIVERSITY,
the Owner, dated the 20th day of April, A.D. 1982, a copy of which is
attached hereto and made a part hereof for the construction of:
Extension of Automation System Phase II
Stephen F. Austin State University Nacogdoches, Texas
herein called the "Work".
NOW, THEREFORE, if the Principal shall well, truly and faithfully
perform the Work in accordance with the Plans, Specifications and Contract
Documents during the original term thereof, and any 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.
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.
PERFORMANCE BOND
1 of 2
23
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 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 pursuant to the pro
visions 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 four (4) counterparts,
each one of which shall be deemed an original, this the 20th dav of Aoril
A.D. 1982.
ATTEST:
MCC POWERS, A UNIT OF MARK CONTROLS CORP.
Principal
W. I sender BY $
(Principal) Secretary- Assistant k/W
SEAL
°
W"r" "
North Marmnra
(Address))
ATTEST:
Manager, Contract^Administrati on
ALEXANDER & ALEXANDER OF TEXAS, INC.
Countersigned by:
6/-[oe Bruce, Resident Agent
c> -
(Surety)Secretary
Witness as to Surety U
4
Address
ST.PAUL FIRE & MARINE INSURANCE COMPANY
Surety
Attorney-in-Fact
E.H. Wichmann
PERFORMANCE BOND
2 of 2
Property & Lability
Insurance
385 Washington Street, St. Paul, Minnesota 55102
GENERAL POWER OF ATTORNEY - CERTIFIED COPY
(Original on File at Home Office of Company. See Certification.)
v. iHORlTYNO.
o o q o q 1
vj t... \J U J _L
KNOW ALL MEN BY THESE PRESENTS: That St. Paul Fire and Marine Insurance Company, a corporation organized and existing under the laws of the State
of Minnesota, and having its principal office in the City of St. Paul, Minnesota, does hereby constitute and appoint:
E. H. Wichmann, Robert L. Gray, Frances C. Polka, Terrence M. Flynn,
William iiathes, Susan J. McKague, individually, Chicago, Illinois
its true and lawful attorney(s)-in-fact to execute, seal and deliver for and on its behalf as surety, any and all bonds and undertakings, recognizances, contracts of
indemnity and other writings obligatory in the nature thereof, which are or may be allowed, required or permitted by law, statute, rule, regulation, contract or
otherwise,
NOT TO EXCEED IN PENALTY THE SIM OF TEN MILLION ($10,000,000) EACH
and the execution of all such instrument(s) in pursuance of these presents, shall be as binding upon said St. Paul Fire and Marine Insurance Company, as fully
and amply, to all intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected officers at its principal office.
This Power of Attorney is executed, and may be certified to and may be revoked, pursuant to and by authority of Article V,-Section 6(C) of the By-Laws
adopted by the Board of Directors of ST. PAUL FIRE AND MARINE INSURANCE COMPANY at a meeting called and held on the 23rd day of January, 1970,
of which the following is a true transcript of said Section 6(C):
"The President or any Vice President, Assistant Vice President, Secretary or Resident Secretary shall have power and authority
(l)To appoint Attorneys-in-fact, and to authorize them to execute on behalf of the Company, and attach the Seal of the Company thereto, bonds
and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof, and
(2) To appoint special Attorneys-in-fact, who are hereby authorized to certify to copies of any power-of-attorney issued in pursuance of this
section and/or any of the By-Laws of the Company, and
(3) To remove, at any time, any such Attorney-in-fact or Special Attorney-in-fact and revoke the authority given him."
Further, this Power of Attorney is signed and sealed by facsimile pursuant to resolution of the Board of Directors of said Company adopted at a meeting duly
called and held on the 6th day of May, 1959, of which the following is a true exerpt:
"Now therefore the signatures of such officers and the seal of the Company may be affixed to any such power of attorney or any certificate relating
thereto by facsimile, and any such power of attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the
Company and any such power so executed and certified by facsimile signatures and facsimile seal shall be valid and binding upon the Company in the
future with respect to any bond or undertaking to which it is attached."
IN TESTIMONY WHEREOF, St. Paul Fire and Marine Insurance Company has caused this instrument to be signed and its corporate
seal to be affixed by its authorized officer, this 2nd day of January, A.D. 1980.
STATE OF MINNESOTA
County of Ramsey
™E INSURANCE C0MPANY
Vice President
On this 15th daV of December . 1981 , before me came the individual who executed the preceding instrument to me
personally known, and, being by me duly sworn, said that he/she is the therein described and authorized officer of St. Paul Fire and Marine Insurance Company
that the seal affixed to said instrument is the Corporate Seal of said Company; that the said Corporate Seal and his/her signature were duly affixed by order of
the Board of Directors of said Company.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal, at the city of St. Paul, Minnesota, the day
and year first above written.
V.C. INNES, Notary Public, Ramsey County, MN
My Commission Expires April 27, 1983
CERTIFICATION
I, the undersigned officer of St. Paul Fire and Marine Insurance Company, do hereby certify that I have compared the foregoing copy of the Power of Attorney
LnJc rf™^c thC C°Py °f tHe Section of the Bv"Laws of said Company as set forth in said Power of Attorney, with the ORIGINALS ON FILE IN THE
HOME OFFICE OF SAID COMPANY, and that the same are correct transcripts thereof, and of the whole of the said originals, and that the said Power of
Attorney has not been revoked and is now in full force and effect.
IN TESTIMONY WHEREOF, I have hereunto set my hand this
?nt-h_ day of April ,19&2- //
1 ' ^^ // Secretary
Only a certified copy of Power of Attorney bearing the Certificate of Authority No. printed in red on the upper right corner is binding. Photocopies carbon
copies or other reproductions of this document are invalid and not binding upon the Company.
ANY INSTRUMENT ISSUED IN EXCESS OF THE PENALTY AMOUNT STATED ABOVE IS TOTALLY VOID AND WITHOUT ANY VALIDITY.
For verification of the authenticity of this Power of Attorney, you may telephone toll free 800-328-9821 and ask for the Power of Attorney Clerk. Please refer
to the above Certificate of Authority No. and the above named individual(s).
EXECUTED IN QUADRUPLICATE 25
PAYMENT1BOND BOND NO. 400 GD 2557
THE STATE OF TEXAS
COUNTY OF NACOGDOCHES
KNOW ALL MEN BY THESE PRESENTS: That we, MCC Powers, a Corporation
of Dallas, Dallas County, Texas, hereinafter called Principal, and
ST.PAUL FIRE & MARINE INSURANCE COMPANY of
CT PAUL
State of MINNESOTA 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 TOO
HUNDRED SIXTY-FOUR THOUSAND, FIVE HUNDRED SEVENTEEN AND NO/100 DOLLARS
($264,517.00) 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 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 20th day of April, A.D. 1982, a copy of which is
hereto attached and made a part hereof for the construction of:
Extension of Automation System Phase II
Stephen F. Austin State University
Nacogdoches, Texas
NOW, THEREFORE, the condition of this obligation is such that, if
the Principal shall promptly make payment to all claimants as defined in
Article 5160 Revised Civil Statutes of Texas, 1925, as amended by House
Bill 344, Acts of the 56th Legislature, Regular Session, 1959, effective
April 27, 1959, supplying labor and materials in the prosecution of the
Work provided for in said Contract, then this obligation shall be null
and void; otherwise, it shall remain in full force and effect.
This bond is made and entered into solely for the 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 of the
56th Legislature, Regular Session, 1959.
PROVIDED FURTHER, that if any legal action be filed upon this bond,
venue shall lie in Nacogdoches County, State of Texa.s, and that the said
Surety, for value received hereby stipulates and agrees that no change,
extension of time, alteration or addition to the terms of the Contract
or to the work to be performed thereunder or the Specifications accompanying
the same shall in any wise affect its obligation on this bond, and it
does hereby waive notice of any change, extension of time, alteration or
addition to the terms of the Contract or to the Work or to the Specifications.
PAYMENT BOND
1 of 2
26
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 four (4) counter
parts, each one of which shall be deemed an original, this the 20th day
of April, A.D. 1982.
ATTEST:
MCC POWERS, A UNIT OF MARK CONTROLS CORP.
Principal
(Prmcxpal) Secretary ^Assistant r/ W. Biodgett /
SEAL Manager, Contract Administration
o
Witness as to tritcipal
Maria A. Losacco
North Marmora, Chicago, IL 60630 '
Address
ATTEST:
ST PATTT FTT?F
Surety
^O^fPA^TY
c
(Surety) Secretary
BY
Witness as to Surety
Address
Attorney-in-Fact
E.H. Wichmann
Countersigned by:
ALEXANDER & ALEXANDER OF TEXAS, INC.
Bruce, Resident Agent
PAYMENT BOND
2 of 2
27
82-91
Upon motion of Regent Cullum, seconded by Regent Bryce, with all members
voting aye it was ordered that the bid of Drew Woods, Incorporated,
r. U. Box 488 Carthage, Texas 75633, for $69,955.00 for the Control Valves
of thTLrrf h A"t0mati°n System-Phase II, be approved and the Chairman '
oi the Board be authorized to sign the contract.
Source of Funds: State Appropriation, Federal Grant, and Auxiliary
Enterprise Surplus
28
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
1977 EDITION
THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES; CONSULTATION WITH
AN ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION
Use only with the 1976 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 as of the 20th
Hundred and Eighty-Two
day of April in the year of Nineteen
BETWEEN the Owner: Stephen F. Austin State University
Nacogdoches, Texas
and the Contractor:
The Project:
Drew Woods, Inc.
P. 0. Box 488
Carthage, Texas 75633
Control Valves for Extension of Automation System, Phase II
Stephen F. Austin State University
The Architect: Friberg Alexander Maloney Gipson Weir Inc.
P. 0. Box 2080
Fort Worth, Texas 76113-2080
The Owner and the Contractor agree as set forth below.
l I m w 8/J9l5' 1f7' 1?5V958' 1961' 1963' 1967' 1974< ® 1977 bV the A™eri"n Institute of Architects, 1735 New
^1» nprm^' ft^i' °' ,C 2(T* ReProduction °< <he material herein or substantial quotation of its provisions
w.thout perm.ss.on of the AIA v.olates the copyright laws of the_United States and will be subject to legal prosecution.
©1977
A101 • OWNER-CONTRACTOR AGREEMENT • ELEVENTH EDITION • JUNE 1977 • AIA®
THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE. N W.' WASHINGTON D. C 20006 A101-1977 1
29
ARTICLE 1
THE CONTRACT DOCUMENTS
The Contract Documents consist of this Agreement, the Conditions of the Contract (General, Supplementary and
other Conditions), the Drawings, the Specifications, all Addenda issued prior to and all Modifications issued after exe
cution of this Agreement. These form the Contract, and all are as fully a part of the Contract as if attached to this
Agreement or repeated herein. An enumeration of the Contract Documents appears in Article 7.
ARTICLE 2
THE WORK
The Contractor shall perform all the Work required by the Contract Documents for purchase and
(Here insert the caption descriptive of the Work as used on other Contract Documents.)
installation of control valves in chilled water systems which will be
connected to an automation system under another contract.
ARTICLE 3
TIME OF COMMENCEMENT AND SUBSTANTIAL COMPLETION
The Work to be performed under this Contract shall be commenced upon written notice to proceed
and, subject to authorized adjustments, Substantial Completion shall be achieved not later than
(Here insert any special provisions for liquidated damages relating to failure to complete on time.)
one hundred and five (105) days from date of written notice to proceed.
AlA DOCUMENT A101 • OWNER-CONTRACTOR AGREEMENT • ELEVENTH EDITION • JUNE 1977 • AIA<*
©1977 • THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D. C. 20006 A101-1977 2
30
ARTICLE 4
CONTRACT SUM
The Owner shall pay the Contractor in current funds for the performance of the Work, subject to additions and
deductions by Change Order as provided in the Contract Documents, the Contract Sum of Sixty-Nine
Thousand, Nine Hundred Fifty-Five and no/100 Dollars ($69,955.00).
The Contract Sum is determined as follows:
(State here the base bid or other lump sum amount, accepted alternates, and unit prices, as applicable.)
Base Bid $91,455.00
Deduct Alternate No. 1 -21,500.00
Contract Amount $69,955.00
ARTICLE 5
PROGRESS PAYMENTS
Based upon Applications for Payment submitted to the Architect by the Contractor and Certificates for Payment issued
by the Architect, the Owner shall make progress payments on account of the Contract Sum to the Contractor as pro
vided in the Contract Documents for the period ending the 30th day of the month as follows:
Not later than 30 days following the end of the period covered by the Application for Payment
ninety percent ( 90 %) of the portion of the Contract Sum properly allocable to labor, materials and
equipment incorporated in the Work and ninety percent ( 90 %) of the portion of the Contract
Sum properly allocable to materials and equipment suitably stored at the site or at some other location agreed upon
in writing, for the period covered by the Application for Payment, less the aggregate of previous payments made by the
Owner; and upon Substantial Completion of the entire Work, a sum sufficient to increase the total payments to
ninety percent ( 90 %) of the Contract Sum, less such amounts as the Architect shall determine for all
incomplete Work and unsettled claims as provided in the Contract Documents.
(II not covered elsewhere in the Contract Documents, here insert any provision lor limiting or reducing the amount retained after the Work reaches a certain
stage ot completion.)
Payments due and unpaid under the Contract Documents shall bear interest from the date payment is due at the rate
entered below, or in the absence thereof, at the legal rate prevailing at the place of the Project.
(Here insert any rate of interest agreed upon.)
No interest.
{Usury laws and requirements under the Federal Truth in Lending Act, similar stale and local consumer credit laws and other regulations at the Owner's
and Contractor's principal places of business, the location of the Project and elsewhere may afiect the validity of this provision. Specific legal advice should
be obtained with respect to deletion, modification, or other requirements such as written disclosures or waivers.)
AIA DOCUMENT A101 • OWNER-CONTRACTOR AGREEMENT • ELEVENTH EDITION • JUNE 1977 • AIA*
©1977 • THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D. C 20006 A101-1977 3
31
ARTICLE 6
FINAL PAYMENT
Final payment, constituting the entire unpaid balance of the Contract Sum, shall be paid by the Owner to the
Contractor when the Work has been completed, the Contract fully performed, and a final Certificate for Payment has
been issued by the Architect.
ARTICLE 7
MISCELLANEOUS PROVISIONS
7.1 Terms used in this Agreement which are defined in the Conditions of the Contract shall have the meanings
designated in those Conditions.
7.2 The Contract Documents, which constitute the entire agreement between the Owner and the Contractor, are listed
in Article 1 and, except for Modifications issued after execution of this Agreement, are enumerated as follows:
(List below the Agreement, the Conditions ol the Contract (General, Supplementary, and other Conditions), the Drawings, the Specifications, and any Addenda
and accepted alternates, showing page or sheet numbers in all cases and dates where applicable.)
SPECIFICATIONS
Advertisement for Bids
Instructions to Bidders
Instructions to Bidders (AIA Document A701)
Description of the Work
Base Bid and Alternates
Proposal
Standard Form of Agreement Between Owner & Contractor (AIA Document A101)
Performance Bond
Payment Bond
General & Federal Supplementary Conditions of the Contract for
Construction (AIA Documents A201 and A201/SC)
Special Conditions
Wage Rate
Davis-Bacon Act Regulations - Part 5
OMB Circular A-102, Section 14 - Contract Provisions
Notice to Employees
Payroll Forms
Section 1A - General Requirements
Technical Specifications
Standard Details and Schedules
Building Schedules
Addenda Nos. 1, 2 and 3
This Agreement entered into as of the day and year first written above.
OWNER
Glenn Justice, Chairman of the Board
BOARD OF REGENTS
STEPHEN F. AUSTIN STATE UNIVERSITY
DanHJones, Vice President
DREW WOODS, INC.
P. 0. Box 488
Carthage, Texas 75633
AIA DOCUMENT A101 • OWNER-CONTRACTOR AGREEMENT • ELEVENTH EDITION • JUNE 1977 • AIA®
©1977 • THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D. C. 20006 A101-1977 4
52
PERFORMANCE BOND Bond No. 5291-42-67
THE STATE OF TEXAS
COUNTY OF NACOGDOCHES
KNOW ALL MEN BY THESE PRESENTS: That we, Drew Woods, Inc., a
Corporation of Carthage, Panola County, Texas, hereinafter called Principal,
and Transamerica Insurance Company
of Los Angeles State of California
hereinafter called the Surety, are held and firmly bound unto Stephen F.
Austin State University, hereinafter called Owner, in the penal sum of
Sixty-Nine Thousand, Nine Hundred Fifty-Five and no/100 DOLLARS ($69,955.00),
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, executors, administrators and successors, jointly
and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION is such that whereas the Principal
entered into a certain Contract with Stephen F. Austin State University,
the Owner, dated the 20th day of April A.-D-.-, 1982, a copy of which is
attached hereto and made a part hereof for the construction of:
Control Valves for Extension of Automation System, Phase II
Stephen F. Austin State University
Nacogdoches, Texas
herein called the MWorkl!.
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 terra 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.
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,
Performance Bond
1 of 2
33
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 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 pursuant to the pro
visions 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 four (4) counter
parts, each one of which shall be deemed an original, this the 20th day
of April, A.D. 1982.
ATTEST:
DREW WOODS, INC.
(Pi(incipal4 Secretary D/ftf JONES, VlCE PRESIDENT
SEAL
Witness as to Principal
P.O. Box 488, Carthage, Texas 75633
(Address)
ATTEST:
TRANSAMERICA INSURANCE COMPANY
Surety
BY>T) MT/L
(Surety) Secretary Michele Prado, Attorney-in-Fact
Witness as to Surety
P. 0. Box 31300
Dallas. Texas 75231
Address
Performance Bond
2 of 2
34
PAYMENT BOND
THE STATE OF TEXAS
COUNTY OF NACOGDOCHES
KNOW ALL MEN BY THESE PRESENTS: That we, Drew Woods, Inc., a
Corporation of Carthage, Panola County, Texas, hereinafter called Principal,
and Transamerica Insurance Company
°f Los Angeles , State of California _,
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 Sixty-Nine Thousand, Nine Hundred Fifty-Five and no/100 Dollars
($69,955.00) 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, executors, administrators and successors,
jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION is such that whereas the Principal
entered into a certain contract with Stephen F. Austin State University,
the Owner, dated the 20th day of April, A.D. 1982, a copy of which is
hereto attached and made a part hereof for the construction of:
Control Valves for Extension of Automation System, Phase II
Stephen F. Austin State University
Nacogdoches, Texas
NOW, THEREFORE, the condition of this obligation is such that, if
the Principal shall promptly make payment to all claimants as defined in
Article 5160 Revised Civil Statutes of Texas, 1925, as amended by House
Bill 344, Acts of the 56th Legislature, Regular Session, 1959, effective
April 27, 1959, supplying labor and materials in the prosecution of the
Work provided for in said Contract, then this obligation shall be null
and void; otherwise, it shall remain in full force and effect.
This bond is made and entered into solely for the 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 of the
56th Legislature, Regular Session, 1959.
PROVIDED FURTHER, that if any legal action be filed upon this bond,
venue shall lie in Nacogdoches County, State of Texas, and that the said
Surety, for value received hereby stipulates and agrees that no change,
extension of time, alteration or addition to the terms of the Contract
or to the work to be performed thereunder or the Specifications 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.
Payment Bond
1 of 2
35
PROVIDED FURTHER, that no final settlement between the Owner and
the Contractor 9hall abridge the right of any beneficiary hereunder,
whose claim may be unsatisfied.
IN WITNESS WHEREOF, this instrument is executed in four (4) counterparts,
each one of which shall be deemed an original, this the 20th day of
April, A.D. 1982.
ATTEST;
7
/(Principal) Secretary
SEAL
Witness as to' Principal
P.O. Box 488, Carthage, Texas 75633
Address
ATTEST:
TRANSAMERICA INSURANCE COMPANY
Surety
(Surety) Secretary
Witness as to Surety
P. 0. Box 31300
Dallas. Texas
Address
Attorney-in-FactMichele Prado
Payment Bond
2 of 2
fp Transamerica
Eilll Insurance Services
Transamerica Insurance Company
A Stock Company / Home Office: Los Angeles. California
36
Power of Attorney
KNOW ALL MEN BY THESE PRESENTS:
That TRANSAMERICA INSURANCE COMPANY, a corporation of the State of California, does
hereby make, constitute and appoint Rudolph Norris, Staci Mannix, Clem r. Lesch,
Todd H. Norris or Michele ^rado of Dallas,
Dallas Countv,Texas
its true and lawful Attorney(s)-in-Fact, with full power and authority, for and on behalf of the Company as
surety, to execute and deliver and affix the seal of the Company thereto, if a seal is required, bonds,
undertakings, recognizances or other written obligations in the nature thereof, as follows:
Any and all bonds and undertakings, Unlimited in .Amount, for or on J-ehal.* o* this
Company, in its business and in accordance with its Charter, -- ---------
and to bind TRANSAMERICA INSURANCE COMPANY thereby, and all of the acts of said
Attorney(s)-in-Fact, pursuant to these presents, are hereby ratified and confirmed.
This appointment is made under and by authority of the following by-laws of the Company which by-laws
are now in full force and effect:
ARTICLE VII
SECTION 30. All policies, bonds, undertakings, certificates of insurance, cover notes, recognizances, contracts of indemnity,
endorsements, stipulations, waivers, consents of sureties, re-insurance acceptances or agreements, surety and co-surety obligations and
agreements, underwriting undertakings, and all other instruments pertaining to the insurance business of the Corporation, shall be validly
executed when signed on behalf of the Corporation by the President, any Vice President or by any other officer, employee agent or
Attorney-in-Fact authorized to so sign by (i) the Board of Directors, (ii) the President, (iii) any Vice President, or (iv) any other person
empowered by the Board of Directors, the President or any Vice President to give such authorization; provided that all policies of insurance
shall also bear the signature of a Secretary, which may be a facsimile, and unless manually signed by the President or a Vice President a
facsimile signature of the President. A facsimile signature of a former officer shall be of the same validity as that of an existing officer.
The affixing of the corporate seal shall not be necessary to the valid execution of any instrument, but any person authorized to execute
or attest such instrument may affix the Corporation's seal thereto.
This Power of Attorney is signed and sealed by facsimile under and by the authority of the following
resolution adopted by the Board of Directors of the Company at a meeting duly called and held on the
17th day of October 1963.
"Resolved, That the signature of any officer authorized by rfthe By-laws and the Company seal may be affixed by facsimile to any
power of attorney or special power of attorney or certification of either given for the execution of any bond undertaking, recognizance
or other written obligation in the nature thereof; such signature and seal, when so used being hereby adopted by the Company as the
original signature of such officer and the original seal of the Company, to be valid and binding upon the Company with the same force
and effect as though manually affixed."
IN WITNESS WHEREOF, TRANSAMERICA INSURANCE COMPANY has caused these presents
to be signed by its proper officer and its corporate seal to be hereunto affixed this Lth day of
February / 19 82
By
J. W. FLESHMAN, Vice President
SS
State of California
County of Los Angeles
On this 4th day of February , 19 *? before me personally came J.W. Fleshman to me
known, who, being by me duly sworn, did depose and say: that he resides in the City of Sierra Madre, State
of California; that he is a Vice-President of Transamerica Insurance Company, the corporation described in
and which executed the above instrument; that he knows the seal of said Corporation; that the seal affixed
to the said instrument is such corporate seal; that it was so affixed pursuant to authority given by the Board
of Directors of said corporation and that he signed his name thereto pursuant to like authority and
acknowledges same to be the act and deed qi said corporation.
OFFICIAL S£AL
ELIZABETH AHERNE
NOTARY PUBLIC CALIFORNIA
principal omci in
IDS ANGELES COUNTY ,
My Commission txp. Mar. 30.19S* n <-j Notary Pub()C
1719 B (Over) 5-80
I, J. H. Tanner, Assistant Vice President of Transamerica Insurance Company, do hereby certify that the
Power of Attorney herein before set forth is a true and exact copy and is still in force, and further certify
that Section 30 of Article VII of the By-Laws of the Company and the Resolution of the Board of
Directors, set forth in said Power of Attorney are still in force. In testimony whereof I have hereunto
subscribed my name and affixed the seal of the said Company this 20th day of April
19 82
J. H. TANNER, Assistant Vice President
37
82-92
Upon motion of Regent Wright, seconded by Regent Bowen, with all members
voting aye, it was ordered that the University Administration be authorized
to issue a purchase order to East Texas Carpets, Nacogdoches, Texas, for
$25,482.00 for replacing carpet and floor tiles in certain residence halls.
Source of Funds: Auxiliary Enterprise Surplus
82-93
Upon motion of Regent Wright, seconded by Regent Garner, with all members
voting aye, it was ordered that the University Administration be authorized
to issue purchase orders as follows for replacement furnishings in certain
residence halls.
Source of Funds: Auxiliary Enterprise Surplus
Group One - Beds
Award to Gem Industries, Gardner, Massachusetts $23,157.40
Other bids: InterRoyal Corp., Plainfield, CT $ 22,221.00
A. Brandt Co., Inc., Ft. Worth, TX 24,444.00
E § I Cooperative, Inc., Dallas, TX 50,663.80
(The InterRoyal bid is not recommended because of the absence of finishes
which will coordinate with the desks and chairs.)
Group Two - Desks and Chairs
Award to A. Brandt Co., Inc., Ft. Worth, Texas $93,170.00
Other bids: InterRoyal Corp., Planifield, CT $ 93,211.80
Gem Industries, Inc., Gardner, MA 106,733.00
E § I Cooperative, Inc., Dallas, TX 114,798.20
Group Three - Chairs
Award to Gem Industries, Gardner, Massachusetts $12,419.00
Other bids: InterRoyal Corp., Plainfield, CT $ 11,184
E § I Cooperative, Inc., Dallas, TX 11,473
A. Brandt Co., Inc., Ft. Worth, TX 12,265
(The high bidder was the only bidder that offered chairs as specified.)
82-94
Upon motion of Regent Todd, seconded by Regent Cullum, with all members
voting aye, it was ordered that the bid of Clifton Construction-Engineering,
Incorporated, Nacogdoches, Texas, for $86,842.00 to construct a parking lot
that will replace the existing parking lot serving the Library and the McGee
Building be approved, and the Chairman of the Board be authorized to si en the
contract. .
Source of Funds: Ad Valorem Tax Fund
38
THE AMERICAN INSTITUTE OF ARCHITECTS
AIA Document A107
Abbreviated Form of Agreement Between
Owner and Contractor
For CONSTRUCTION PROJECTS OF LIMITED SCOPE where
the Basis of Payment is a STIPULATED SUM
1978 EDITION
7///5 DOCUMENT HAS IMPORTANT IECAL CONSEQUENCES; CONSULTATION WITH
AN ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION
Tins document includes .lbhrovi.ilocl Gonpr.il Conditions and should not bo used with other General Conditions.
It h.is been approved <\m\ endorsed by I he Associated General Contractors of America.
AGREEMENT
made as of the 20th day of April in the year of Nineteen
Hundred and Eighty-Two.
BETWEEN the Owner: STEPHEN F. AUSTIN STATE UNIVERSITY
NACOGDOCHE'S, TEXAS
and the Contractor: Clifton Construction-Engineering, -Inc.
P.O. Box 1031
Nacogdoches, Texas 75961
the Project: A PARKING LOT,
Instructional Facilities for the School of Science § Mathematics
the Architect: wiener, Hill, Morgan,'O'Neal § Sutton
4100-A South Medford
Lufkin, Texas 75901
The Owner and the Contractor agree as set forth below.
Copyright 1936, 1951, 1958, 1961, 1%:i, 1966, 1074, © 1978 by the American Institute o( Architects, 1735 New York Avenue. N.W., Washington. U C. 20O06.
Reproduction (it the material hcrnn nr substantial (imitation ol its provisions without permission of the AIA violates the copyright laws of the United Slates
and will be subiett to leg.il prosecution.
AIA DOCUMENT A107 • ABBRI.VIA1I.I) OWNtR-CONIRACIOR ACIRIIMINI ♦ tlGHTH LDI1ION • APRIL 1978 • AIA«
© VI78 • NIC AMERICAN INSTITUTE OF ARCHITECTS, 1735 NLW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 A107-1978 1
,.ii,wiimi.. '■
39
ARTICLE 1
THE WORK
1.1 The Contractor shall perform oil the Work required by the Contract Documenls for
\ilrrr m-.rrl thv u/Xmiii c/i-mm/iIiw til llii' Wmk .n u>i-t/ mi Dtlwr CcintruU IJuiuinmls.)
A Parking Lot, Instructional Facilities for the School of Science
and Mathematics, Stephen F. Austin State University, Nacogdoches, Texas
ARTICLE 2
TIME OF COMMENCEMENT AND SUBSTANTIAL COMPLETION
2.1 The Work to be performed under this Contract shall be commenced Immediately
.Hid, subject to authorized adjustments, Substantial Completion shall be achieved not later than
lllnr mont .my •./)«■< ,../ ,„, ,v,-,,, ,/,s /,,/ /,<,.,/<<<//,,. iiji-s icl.itmn f<j hiluiv to t (i/M/i/cfc on time)
Sixty (60) Consecutive Calendar Days after "Notice to Proceed".
ARTICLE 3
CONTRACT SUM
3.1 The Owner shall pay ihe Contractor in current funds for the performance of the Work, subject to additions and
deductions by Change Order as provided in the Contract Documents, the Contract Sum of $86 842.00******
Eighty-Si* Thousand Eight Hundred Forty Two and No/10'0***************
3.2 The Contract Sum is determined as follows:
fS'Mf.- /><•/(• Ihr /us,. /m/ ,„ ,,,/„., /l;m/, snm ,,„„„„„ ,„,,.,„,.,/ .ihciuws. ,vul unit price*, .is .i/>p//t.i6/cv;
Base Bid $86,842.00
Total Bid $86,842.00
|,\n107 * AimKIVIAIII) OWNIK-(()NIKA( IOK ACRIIMINI • I IC. 11 f 11 IDIIION • AI-KII I«)7M • AIA«*
Illl. AMLRICAN INSMIUIL Ol AkCHIHCIS, 17.1', Nl VV YORK AVLNUL, N.W., WASI IINC.ION, D.C. JO(H)6 A107-1978 2
40
ARTICLE 4
PROGRESS PAYMENTS
4.1 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 Con
tractor as provided in the Contract Documents for the period ending the Last day of the
month as follows: Not later than ten (10) days following the end of the
RpiftrUW for Payment. Ninety Percent (90%)
of the portion of the Contract Sum properly allocable to labor,
materials, and equipment incorporated in the Work and Ninety Percent
(90%) of the portion of the Contract Sum properly allocable to material:
and equipment suitably stored at the site or at some other location
agreed upon in writing, for the period covered by the Application
for Payment, less the aggregate of previous payments made by the Owner;
and upon Substantial Completion of the entire Work, a sum sufficient to
increase the total payments to Ninety percent (90%) of the Contract
Sum, less such amounts as the Architect shall determine for all
incomplete work and unsettled claims as provided in the Contract**
4.2 Payments due and unpaid unddr the Contract Documents shall bear interest from the date payment is due at the
rate entered below, or in the absence thereof, at the Segal rate prevailing at the place of the Project.
**
(Herv insert any rate of interest agreed upon.)
(Usury laws and requirements under the Federal Truth in Lending Act, similar state and local consumer credit laws and other regulations at the
Owner's and Contractor's principal places of business, the location of the Project and elsewhere may afiect the validity of this provision. Specific
legal advice should he obtained with rapvtt to deletion, modification, or other requirements such as written disclosures or waivers.)
ARTICLE 5
FINAL PAYMENT
5.1 Final payment, constituting the entire unpaid balance of the Contract Sum, shall be paid by the Owner to the
Contractor when the Work has been completed, the Contract fully performed, and a final Certificate for Payment
has been issued by the Architect. Final Payment will be made thirty-one (31)
days after completion of the work.
ARTICLE 6
ENUMERATION OF CONTRACT DOCUMENTS
6.1 The Contract Documents, which constitute the entire agreement between the Owner and the Contractor, are
listed in Article 7 and, except for Modifications issued after execution of this Agreement, are enumerated as follows:
(list br/ow (ho Agreement, the Condition* of the Contract, (General, Supplementary, and other Conditions),* the Drawings, the Specifications, and
any Addenda and accepted alternates, showing page or sheet numbers in all cases and dates where applicable.)
1. Agreement dated April 20, 1982
2. Drawings entitled "Parking Areas, Instructional Facilities
School of Science and Mathematics Stephen F. Austin State University
and dated March 26, 1982.".
3.. Project Manual entitled "Parking Lot, Instructional Facilities
for the School of Science § Mathematics Stephen F. Austin State
University dated March 26, 1982.".
AIA DOCUMENT A107 • ABBREVIATED OWNER-CONTRACTOR AGREEMENT • EIGHTH EDITION • APRIL 1978 • AIA*
© 197fl • THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W«, WASHINGTON, D.C. 20006 A107-1978 3
^t&&*^^
41
GENERAL CONDITIONS
ARTICLE 7
CONTRACT DOCUMENTS
7.1 The Contract Documents consist of this Agreement
with General Conditions, Supplementary and other Condi
tions, the Drawings, the Specifications, all Addenda issued,
prior to the execution of this Agreement, and all Modifi
cations issued by the Architect after execution of the
Contract such as Change Orders, written interpretations
and written orders for minor changes in the Work. The
intent of the Contract Documents is to include all items
necessary for the proper execution and completion of the
Work. The Contract Documents are complementary, and
what is required by any one shall be as binding as if re
quired by all. Work not covered in the Contract Docu
ments will not be required unless it is consistent therewith
and reasonably inferable therefrom as being necessary to
produce the intended results.
7.2 Nothing contained in the Contract Documents shall
create any contractual relationship between the Owner or
the Architect and any Subcontractor or Sub-subcontractor.
7.3 By executing the Contract, the Contractor represents
that he has visited the site and familiarized himself with
the local conditions under which the Work is to be
performed.
7.4 The Work comprises the completed construction re
quired by the Contract Documents and includes all labor
necessary to produce such construction, and all materials
and equipment incorporated or to be incorporated in
such construction.
ARTICLE 8
ARCHITECT
8.1 The Architect will provide administration of the Con
tract and will be the Owner's representative during con
struction and until final payment is duo.
8.2 The Architect shall at all times have access to the
Work wherever it is in preparation and progress.
8.3 The Architect will visit the site at intervals appropri
ate to the stage of construction to familiarize himself gen
erally with the progress and quality of the Work and to
determine in general if the Work is proceeding in accord
ance with the Contract Documents. However, the Archi
tect will not be required to make exhaustive or continu
ous on-site inspections to check the quality or quantity of
the Work. On the basis of his on-site observations as an
architect, he will keep the Owner informed of the prog
ress of the Work, and will endeavor to guard the Owner
against defects and deficiencies in the Work of the Con
tractor. The Architect will not have control or charge of
and will not be responsible for construction means, meth
ods, techniques, sequences or procedures, or for safety
precautions and programs in connection with the Work,
and he will not be responsible for the Contractor's failure
to carry out the Work in accordance with the Contract
Documents.
8.4 Based on the Architect's observations and an evalua
tion of the Contractor's Applications for Payment, the
Architect will determine the amounts owing to the Con
tractor and will issue Certificates for Payment in accord
ance with Article 15.
8.5 The Architect will be the interpreter of the require
ments of the Contract Documents. He will make decisions
on all claims, disputes or other matters in question be
tween the Contractor and the Owner, but he will not be
liable for the results of any interpretation or decision ren
dered in good faith. The Architect's decisions in matters
relating to artistic effect will be final if consistent with the
intent of the Contract Documents. All other decisions of
the Architect, except those which have been waived by
the making or acceptance of final payment, shall be sub
ject to arbitration upon the written demand of either
party.
8.6 The Architect will have authority to reject Work
which does not conform to the Contract Documents.
8.7 The Architect will review and approve or take other
appropriate action upon the Contractor's submittals such
as Shop Drawings, Product Data and Samples, but only for
conformance with the design concept of the Work and
with the information given in the Contract Documents.
ARTICLE 9
OWNER
9.1 The Owner shall furnish all surveys and a legal de
scription of the site.
9.2 Except as provided in Paragraph 10.5, the Owner
shall secure and pay for necessary approvals, easements,
assessments and charges required for the construction, use
or occupancy of permanent structures or permanent
changes in existing facilities.
9.3 The Owner shall forward all instructions to the Con
tractor through the Architect.
9.4 If the Contractor fails to correct defective Work or
persistently fails to carry out the Work in accordance with
the Contract Documents, the Owner, by a written order,
may order the Contractor to stop the Work, or any por
tion thereof, until the cause for such order has been
eliminated; however, this right of the Owner to stop the
Work shall not give rise to any duty on the part of the.
Owner to exercise this right for the benefit of the Con
tractor or any other person or entity.
ARTICLE 10
CONTRACTOR
10.1 The Contractor shall supervise and direct the Work,
using his best skill and attention and he shall be solely
responsible for all construction means, methods, tech
niques, sequences and procedures and for coordinating
all portions of the Work under the Contract.
10.2 Unless otherwise specifically provided in the Con
tract Documents, the Contractor shall provide and pay for
all labor, materials, equipment, tools, construction equip
ment and machinery, water, heat, utilities, transportation,
and other facilities and services necessary for the proper
AIA DOCUMENT A107 • ABBREVIATED OWNER-CONTRACTOR AGREEMENT
~ 19J>8 • THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEjS^
execution and completion of the Work, whether tempo
rary or permanent and whether or not incorporated or to
be incorporated in the Work.
; 10.3 The Contractor shall at all times enforce strict dis
cipline and good order among his employees and shall
not employ on the Work any unfit person or anyone not
. skilled in the task assigned to him.
10.4 The Contractor warrants to the Owner and the
Architect that all materials and equipment incorporated
in the Work will be new unless otherwise specified, and
that all Work will be of good quality, free from faults and *
defects and in conformance with the Contract Documents.
All Work not conforming to these requirements may be
considered defective.
10.5 Unless otherwise provided in the Contract Docu
ments, the Contractor shall pay all sales, consumer, use
and other similar taxes which are legally enacted at the
time bids are received, and shall secure and pay for the
building permit and for all other permits and govern
mental fees, licenses and inspections necessary for the
proper execution and completion of the Work.
10.6 The Contractor shall give all notices and comply
with all laws, ordinances, rules, regulations, and lawful
orders of any public authority bearing on the performance
of the Work, and shall promptly notify the Architect if the
Drawings and Specifications are at variance therewith.
10.7 The Contractor shall be responsible to the Owner
for the acts and omissions of his employees, Subcontrac
tors and their agents and employees, and other persons
performing any of the Work under a contract with the
Contractor.
10.8 The Contractor shall review, approve and submit all
Shop Drawings, Product Data and Samples required by
the Contract Documents. The Work shall be in accord
ance with approved submittals.
10.9 The Contractor at all times shall keep the premises
free from accumulation of waste materials or rubbish
caused by his operations. At the completion of the Work
he shall remove all his waste materials and rubbish from
and about the Project as well as his tools, construction
equipment, machinery and surplus materials.
10.10 The Contractor shall pay all royalties and license
fees. He shall defend all suits or claims for infringement
of any patent rights and shall save the Owner harmless
from loss on account thereof.
10.11 To the fullest extent permitted by law, the Con
tractor shall indemnify and hold harmless the Owner and
the Architect and their agents and employees from and
against all claims, damages, losses and expenses, including
but not limited to attorneys' fees arising out of or result
ing from the performance of the Work, provided that any
such claim, damage, loss or expense (1) is attributable to
bodily injury, sickness, disease or death, or to injury to qt
destruction of tangible property (other than the Work it
self) including the loss of use resulting therefrom, and
(2) is caused in whole or in part by any negligent act or
omission of the Contractor, any Subcontractor, anyone
directly or indirectly employed by any of them or anyone
for whose acts any of them may be liable, regardless of
whether or not it is caused in part by a party indemnified
hereunder. Such obligation shall not be construed to
negate, abridge, or otherwise reduce any other right or
obligation of indemnity which would otherwise exist as to
any party or person described in this Paragraph 10.11. In
any and all claims against the Owner or the Architect or
any of their agents or employees by any employee of the
Contractor, any Subcontractor, anyone directly or indi
rectly employed by any of them or anyone for whose acts
any of them may be liable, the Indemnification obligation
under this Paragraph 10.11 shall not be limited in any
way by any limitation on the amount or type of damages,
compensation or benefits payable by or for the Contractor
or any Subcontractor under workers'0 or workmen's com
pensation acts, disability benefit acts or other employee
benefit acts. The obligations of the Contractor under this
Paragraph 10.11 shall not extend to the liability of the
Architect, his agents or employees, arising out of (1) the
preparation or approval of maps, drawings, opinions, re
ports, surveys,, change orders, designs or specifications, or
(2) the giving of or the failure to give directions or in
structions by the Architect, his agents or employees pro
vided such giving or failure to give is the primary cause
of the injury or damage.
ARTICLE 11
SUBCONTRACTS
11.1 A Subcontractor is a person or entity who has a
direct contract with the Contractor to perform any of the
Work at the site.
11.2 Unless otherwise required by the Contract Docu-.
ments or in the Bidding Documents, the Contractor, as
soon as practicable after the award of the Contract, shall
furnish to the Architect in writing the names of Subcon
tractors for each of the principal portions of the Work.
The Contractor shall not employ any Subcontractor to
whom the Architect or the Owner may have a reasonable
objection. The Contractor shall not be required to con
tract with anyone to whom he has a reasonable objection.
Contracts between the Contractor and the Subcontractors
shall (1) require each Subcontractor, to the extent of the
Work to be performed by the Subcontractor, to be bound
to the Contractor by the terms of the Contract Docu
ments, and to assume toward the Contractor all the obli
gations and responsibilities which the Contractor, by these
Documents, assumes toward the Owner and the Architect,
and (2) allow to the Subcontractor the benefit of all rights,
remedies and redress afforded to the Contractor by these
Contract Documents.
ARTICLE 12
WORK BY OWNER OR BY
SEPARATE CONTRACTORS
12.1 The Owner reserves the right to perform work re
lated to the Project with his own forces, and to award
separate contracts in connection with other portions of
the Project or other work on the site under these or simi
lar Conditions of the Contract. If the Contractor claims
that delay or additional cost is involved because of such
action by the Owner, he shall make such claim as pro
vided elsewhere in the Contract Documents.
12.2 The Contractor shall afford the Owner and separate
contractors reasonable opportunity for the introduction
and storage of their materials and equipment and the
execution of their work, and shall connect and coordinate
his Work with theirs as required by the Contract Docu
ments.
AIA DOCUMENT A107 • ABBREVIATED OWNER-CONTRACTOR AGREEMENT • EIGHTH EDITION * APRIL 1978 • AIA*
<D 1978 • THE AMERICAN INSTITUTE Of ARCHITECTS, 1735^EWiVOlU^ ^EfrJUS; N,W;»WASHINGTON, DC 20006
and maintained by the Contractor to protect him from
claims under workers' or workmen's compensation acts
and other employee benefit acts, claims for damages be
cause of bodily injury, including death, and from claims
for damages, other than to the Work itself, to property
which may arise out of or result from the Contractor's
operations under (his Contract, whether such operations
be by himself or by any Subcontractor or anyone directly
or indirectly employed by any of them This insurance
shall be written for not less than any limits of liability
specified in the Contract Documents, or required by law
whichever is the greater, and shall include contractual
liability insurance applicable to the Contractor's obliga
tions under Paragraph 10.11. Certificates of such insur
ance shall be lilccl with the Owner prior to the com
mencement of the Work.
17.2 The Owner shall bo responsible for purchasing and
maintaining his own liability insurance and/at his option,
may maintain such insurance as will protect him against
claims which may arise from operations under the Con
tract.
17.3 Unless otherwise provided, the Owner shall pur
chase and maintain property insurance upon the entire
Work at the site to the full insurable value thereof This
insurance shall include the interests of the Owner the
Contractor, Subcontractors and Sub-subcontractors in the
Work and shall insure against the perils of fire and ex
tended coverage and shall include "all risk" insurance for
physical loss or damage including, without duplication of
coverage, theft, vandalism, and malicious mischief.
17.4 Any loss insured under Paragraph 17.'* is to be ad
justed with the Owner and made payable to the Owner
as trustee for the inuireds, as their interests may appear
subject to the requirements of any mortgagee clause.
17.5 The Owner shall file a copy of all policies with the
Contractor before an exposure to loss may occur.
17.6 The Owner and Contractor waive all rights against
each other for damages caused by fire or other perils to
the extent covered by insurance obtained pursuant to
this Article or any other property insurance applicable to
the Work, except such rights as they may have to the pro
ceeds of such insurance held by the Owner as trustee
The Contractor sh.ill require similar waivers in favor of the
Owner and the Contractor by Subcontractors and Sub-subcontractors.
ARTICLE 18
CHANCES IN THE WORK
18 1 The Owner, without invalidating the Contract, may
order Changes in the Work consisting of additions, dele
tions, or modifications, the Contract Sum and the Con
tract Time be.ng adjusted according. All such changes
in the Work shall be authorized by written Change Order
signed by the Owner and the Architect.
18.2 The Contract Sum and the Contract Time may be
changed only by Change Order.
18.3 The cost or credit to the Owner from a change in
the Work shall be determined by mutual agreement.
ARTICLE 19
CORRECTION OF WORK
19.1 The Contractor shall promptly correct any Work
rejected by the Architect as defective or as failing to con
form to the Contract Documents whether observed before
or after Substantial Completion and whether or not fabri
cated, installed or completed, and shall correct any Work
found to be defective or nonconforming within a period
of one year from the Date of Substantial Completion of
the Contract or within such longer period of time as may
be prescribed by law or by the terms of any applicable
special warranty required by the Contract Documents The
provisions of this Article 19 apply to Work done by Sub
contractors a* well as to Work done by direct employees
of the Contractor.
ARTICLE 20
TERMINATION OF THE CONTRACT
20.1 If the Architect fails to issue a Certificate for Pay
ment for a period of thirty days through no fault of the
Contractor, or if the Owner fails to make payment thereon
for a period of thirty days, the Contractor may, upon
seven additional days' written notice to the Owner and
the Architect, terminate the Contract and recover from
the Owner payment for all Work executed and for any
proven loss sustained upon any materials, equipment
tools, and construction equipment and machinery, includ-nraS°
n Pr°flt and damages aPPljcable to the
20.2 If the Contractor defaults or persistently fails or
neglects to carry out the Work in accordance with the
Contract Documents or fails to perform any provision of
the Contract, the Owner may, after seven days' written
notice to the Contractor and without prejudice to any
other remedy, he may have, make good such deficiencies
fnr !h«V a u".Ct ^ C°iSJ therC0f' indudjn8 compensation or the Architect's additional services made necessary
thereby, from the payment then or thereafter due the
Contractor or, at his option, and upon certification by the
Architect that sufficient.cause exists'to justify such action
may terminate the Contract and take possession of the
site and of all materials, equipment, tools, and construc
tion equipment and machinery thereon owned by the
Contractor and may finish the Work by whatever method
he may deem expedient, and if the unpaid balance of the
Contract Sum exceeds the expense of finishing the Work
such.excess shall be paid to the Contractor, but if such
expense exceeds such unpaid balance, the Contractor
shall pay the difference to the Owner
7 A107-1978
MS^^-^^g^^1^^ ^ fe
42
12.3 Any costs caused by defective or ill-timed work
shall be borne by the party responsible therefor.
ARTICLE 13
MISCELLANEOUS PROVISIONS
13.1 The Contract shall be governed by the law of the
place where the Project is located.
13.2 All claims or disputes between the Contractor and
the Owner arising out of, or relating to, the Contract
Documents 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 other
wise. Notice of the demand for arbitration shall be filed
in writing with the other party to the Owner-Contractor
Agreement and with the American Arbitration Association
and shall be made within a reasonable time after the dis
pute has arisen. 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 juris
diction thereof. Except by written consent of the person
or entity sought to be joined, no arbitration arising out
of or relating to the Contract Documents shall include,
by consolidation, joinder or in any other manner, any
person or entity not a party to the agreement under which
such arbitration arises, unless it is shown at the time the
demand for arbitration is filed that (1) such person or
entity is substantially involved in a common question of
fact or law, (2) the presence of such person or entity is
required if complete relief is to be accorded in the arbi
tration, (3) the interest or responsibility of such person or
entity in the matter is not insubstantial, and (4) such per
son or entity is not the Architect or any of his employees
or consultants. The agreement herein among the parties
to the Agreement and any other written agreement to
arbitrate referred to herein shall be specifically enforce
able under the prevailing arbitration law.
ARTICLE 14
TIME
14.1 All time limits stated in the Contract Documents
are of the essence of the Contract. The Contractor shall
expedite the Work and achieve Substantial Completion
within the Contract Time.
14.2 The Date of Substantial Cornpletion of the Work is
the date certified by the Architect when construction is
sufficiently complete so that the Owner can occupy or
utilize the Work for the use for which it is intended.
14.3 If the Contractor is delayed at any time in the
progress of the Work by changes ordered in the Work,
by labor disputes, fire, unusual delay in transportation,
adverse weather conditions not reasonably anticipatable,
unavoidable casualties, or any causes beyond the Con
tractor's control, or by any other cause which the Archi
tect determines may justify the delay, then the Contract
Time shall be extended by Change Order for such reason
able time as the Architect may determine.
ARTICLE 15
PAYMENTS AND COMPLETION
15.1 Payments shall be made as provided in Article 4 and
Article 5 of this Agreement.
15.2 Payments may be withheld on account of (1) defec
tive work not remedied, (2) claims filed, (3) failure of the
Contractor to make payments properly to Subcontractors
or for labor, materials, or equipment, (4) damage to the
Owner or another contractor, or (5) persistent failure to
carry out the Work in accordance with the Contract
Documents.
15.3 When the Architect agrees that the Work^s sub
stantially 'complete, he will issue a Certificate of Substan
tial Completion.
15.4 Final payment shall not be due until the Contractor
has delivered to the Owner a complete release of all liens
arising out of this Contract or receipts in full covering all
labor, materials and equipment for which a lien could be
filed, or a bond satisfactory to the Owner indemnifying
him against any lien. If any lien remains unsatisfied after
all payments are made, the Contractor shall refund to the
Owner all moneys the latter may be compelled to pay in
discharging such lien, including all costs and reasonable
attorneys' fees.
15.5 The making of final payments shall constitute a
waiver of all claims by the Owner except those arising
from (1) unsettled liens, (2) faulty or defective Work ap
pearing after Substantial Completion, (3) failure of the
Work to comply with the requirements of the Contract
Documents, or (4) terms of any special warranties re
quired by the Contract Documents. The acceptance of
final payment shall constitute a waiver of all claims by the
Contractor except those previously made in writing and
identified by the Contractor as unsettled at the time of the
final Application for Payment.
ARTICLE 16
PROTECTION OF PERSONS AND PROPERTY
16.1 The Contractor shall be responsible for initiating,
maintaining, and supervising all safety precautions and
programs in connection with the Work. He shall take all
reasonable precautions for.the safety of, and shall provide
all reasonable protection to prevent damage, injury or
loss to (1) all employees on the Work and other persons
who may be affected thereby, (2) all the Work and all
materials and equipment to be incorporated therein, and
(3) other property at the site or adjacent thereto. He shall
give all notices and comply with all applicable laws, ordi
nances, rules, regulations and orders of any public author
ity bearing on the safety of persons and property and their
protection from damage, injury or loss. The Contractor
shall promptly remedy all damage or loss to any property
caused in whole or in part by'the Contractor, any Sub
contractor, any Sub-subcontractor, or anyone directly or
indirectly employed by any of them, or by anyone for
whose acts any of them may be liable, except damage or
loss attributable to the acts or omissions of the Owner or
Architect or anyone directly or Indirectly employed by
either of them or by anyone for whose acts either of them
may be liable, and not attributable to the fault or negli
gence of the Contractor. The foregoing obligations of the
Contractor are in addition to his obligations under Para
graph 10.11.
ARTICLE 17
INSURANCE
17.1 Contractor's liability insurance shall be purchased
AIA DOCUMENT A1I7 • ABBREVIATED OWNER-CONTRACTOR AGREEMEh
ft 1978 • THE AMERICAN JNSTITUT* Of, ARCHITEC
43
ARTICLE 21
OTHER CONDITIONS OR PROVISIONS
This Agreement entered into as of the clay and year first written above.
OWNER CONTRACTOR
Board of Regents of
Stephen F^__Austin State University
Clifton Construction-Engineering, Inc
P.p. Box 1031;- Nacogdoches, Texas
Glenn Justice
the B(
BY:
Mark Clifton, President
2!A«?PCUJ5i!NT Ar°7 * ABBREVIATED OWNER-CONTRACTOR AGREEMENT • EICHTH EDITION • APRIL 1978 • AIA«
© 1978 • THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 Nfcyv YORK■ AVjENUfc, N,W.# WASHINGTON^ D?G 2OW6 A107-1978 8
^^TT^^W^^S^^^^W^5
44
PERFORMAN'Jli BOND
(To be used in Texas as required by Chapter 93 of the
Regular Session of the 56th Legislature of Texas)
THE STATE OF Texas
COUNTY OF Nacogdoches
KNOW ALL MEN BY THESE PRESENTS: That we
Clifton Construction-Engineering, Inc.
of (2) Nacogdoches, Texas _ hereinafter called
Principal and (3) United States Fidelity &. Guaranty • Of
Dallas state of Texas
hereinafter called the Surety, are held and firmly bound into (4)
Board of Regents, Stephen F. Austin State University
hereinafter called Owner, in the penal sum of
Eighty-Six Thousand Eight Hundred Forty-Two and no/100 —
DOLLARS ($ 86,842.00 ), in lawful money of the United States,
to be paid in (5) Nacogdoches County, Texas
for the payment of which sum well and .truly to be made, we bind ourselves, our
heirs, executors, administrators and successors, jointly and severally, firmly
by these presents.
THE. CONDITION OF THIS OBLIGATION is such that Whereas, the Principal
entered into a certain Contract with (6)
Board of Regents, Stephen F. Austin State University _,
the Owner, dated the 20th day of April , A. D., 19 82 , a copy.
of which is attached hereto and made a part hereof for the construction of:
Parking Lot, Math and Science Building
(Herein called the "Work").
46
ATTEST:
United States Fidelity & Guaranty
Surety
BY:
(Surety) Secretary Attorney-intact Gary Willis
VL/ APPROVED AS TO FORM:
Witness as to Surety ATTORNEY GENERAL OF TEXAS
212 Greenwood, Nacogdoches, Texas DV
dY :
Address
Assistant Attorney General
NOTE: Date of Bond must not be prior to date of Contract.
(1) Correct name of Contractor
(2) A Corporation, A Partnership or an individual, as case
may be.
(3) Correct name of Surety
(4) Correct name of Owner
(5) County of Parish and State
(6) Owner
(7) If Contractor is Partnership, all partners should
execute bond.
47
IV\YM[iNT BOM
(To ho used in Tcx;is ;js rc»c|ti i rocJ by Ohapter [)7> of
the Uofjuhir Session of the f>Ot h Legislature of Texas)
Tin- sTATi; oi;
county oi- Nacogdoches
KNOW ALL MliN BY TllfiSl; PRESENTS: That we (1)
Clifton Construction-Engineering, Inc.
(2) _____ ^ Corporation
of Nacogdoches, Texas
hereinafter called Principal and (3) United States Fidelity & Guaranty
of Dallas , State of Texas hereinafter
cnllecl the Surety, are held and firmly bound unto (4)
Board of Regents, Stephen F. Austin State University
horoin.-ifter en lied 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 Eighty-Six Thousand Eight Hundred
Forty-Two and no/100 -dollars ($ 86,842.00 )
in lawful money of the United States, to be paid in (5)
Nacogdoches County, Texas , for the payment of which sum well and
truly to be made, we bind ourselves, our heirs, executors, administrators and
successors, jointly and severally, firmly by these presents.
Till- CONDTTTON OF THIS OBLIGATION is such that Whereas, the Principal
entered into a certain contract with (6)
Board of Regents, Stephen F. Austin State University , the Owner, dated
thc 20th day of April , A. D. 19 82 -, a copy of
which is hereto attached and made a part hereof for the construction of:
Parking Lot, Math and Science Building
48
""* c ~~
NOW, TIIEREEORE, the condition of this obligation is such that, if
the Principal shall promptly make payment to all claimants as defined
in Article T>l(>0 Revised Civil Statutes of Texas, 1925, as amended by House
Hill 34'1, Acts 5(>th Legislature, Regular Session, 1959, effective April 27,
l(.)T>i), supplying labor and materials in the prosecution of the work provided
Tor in said Contract, then this obligation shall be null and void; otherwise,
it sh.ill remain in full force and effect.
This bond is made and entered into se'ely for the protection of all
claimants supplying labor and materials in the prosectuion 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, Regular
Session, 1959.
PROVIDED FURTHER, that if any legal action be filed upon this bond,
venue shall lie in Nacogdoches County, State of Texas,
and that the said Surety, for value received hereby stipulates and agrees
that no change, extension of time, alteration or addition to the terms of
the Contract or to the work to be performed thereunder or the Specifications
accompanying the same shall in any wise affect its obligation on this bond,
and it does hereby waive notice of any change, extension of time, alteration
or addition to the terms of the Contract or to the work or to the Specifications.
PROVIDE:!) EURTHER, that no final settlement between the Owner and the
Contractor shall abridge the right of any beneficiary hereunder, whose claim
may be unsat isfiecl.
IN WITNESS WHEREOF, this instrument is executed in six counterparts,
each one of which shall be deemed an original, this the ?ftth
day of April
ATTEST:
A. D., 19 oo
Clifton Construction-Engineering, Inc.
Principal
/ r !.'. ./■
(VrincipaJ) Secretary
SEAL
BY
50
CERTIFIED COPY
GENERAL POWER OF ATTORNEY
No 7
Know all Men by these Presents:
That UNITED STATES FIDELITY AND GUARANTY COMPANY, a corporation organized and existing under the laws of the
State of Maryland, and having its principal office at the City of Baltimore, in the State of Maryland, does hereby constitute and appoint
Gary Willis
of the City of Nacogdoches
its true and lawful attorney in and for the State of Te XaS
, State of Texas
for the following purposes, to wit :
To sign its name as surety to, and to execute, seal and acknowledge any and all bonds, and to respectively do and perform any and
all acts and things set forth in the resolution of the Board of Directors of the said UNITED STATES FIDELITY AND GUARANTY
COMPANY, a certified copy of which is hereto annexed and made a part of this Power of Attorney; and the said UNITED STATES
FIDELITY AND GUARANTY COMPANY, through us, its Board of Directors, hereby ratifies and confirms all and whatsoever the said
Gary Willis
may lawfully do in the premises by virtue of these presents.
In Witne** Whereof, the said UNITED STATES FIDELITY AND GUARANTY COMPANY has caused this instrument to be
sealed with its corporate seal duly attested by the signatures of ita Vice-Presidcnt and Assistant Secretary, this 7th <jay of
July . A.D. 19 78
UNITED STATES FIDELITY AND GUARANTY COMPANY.
(SEAL)
STATE OF MARYLAND,
BALTIMORE CITY,
(Signed)
(Signed)
James D. Rector
}-■
Vice-PresidenL
W.-...?.«..%M.#iiHingele3r
Assistant Secretary.
On this 7th day of July , A. D. 19 7 8> before me personally came
James D. Rector . Vice-P resident of the UNITED STATES FIDELITY AND GUARANTY
COMPANY and W . B • M • H i n g e 1 e y , Assistant Secretary of said Company, with both of
whom I am personally acquainted, who being by me severally duly sworn, said that they, the said James D . Rector
and W, B. M. Hingeley were respectively the Vice-President and the Assistant Secretary of the said UNITED
STATES FIDELITY AND GUARANTY COMPANY, the corporation described in and which executed the foregoing Power of Attorney;
that they each knew the seal of said corporation; that the seal affixed to said Power of Attorney was such corporate seal, that it was
so fixed by order of the Board of Directors of said corporation, and that they signed their names thereto by like order as Vice-President
and Assistant Secretary, respectively, of the Company. -
My commission expires the first day in July, A. D. 19...r....
(SEAL) (Signed) Margaret M. Hurst
STATE OF MARYLAND ]
BALTIMORE CITY, j
I, Robert H. Bouse , Clerk of the Superior Court of Baltimore City, which Court ia a
Court of Record, and has a seat do hereby certify that Margaret M . Hurs t f Esquire, before
whom the annexed affidavits were made, and who has thereto subscribed his name, was at the time of so doing a Notary Public of the
State of Maryland, in and for the City of Baltimore, duly commissioned and sworn and authorized by law to administer oaths and take
acknowledgments, or proof of deeds to be recorded therein. I further certify that I am acquainted with the handwriting of the said
Notary, and verily believe the signature to be his genuine signature.
Notary Public.
Set.
In Testimony^!? hereof, I hereto set my hand and affix the seal of the Superior Court of Baltimore City, the same being a Court
of Record, this , A. D. 19 78
(SEAL)
FS 3 (6-77)
7th day of July
(Signed)
Robert H. Bouse
Clerk of the Superior Court of Baltimore City.
51
COPY OF RESOLUTION
That Whereat, it is necessary for the effectual transaction of business that this Company appoint agents and attorneys with power
and authority to act for it and in its name in States other than Maryland, and in the Territories of the United States and in the Provinces
of the Dominion of Canada and in the Colony of Newfoundland.
Therefore, be it Resolved, that this Company do, and it hereby does, authorize and empower its President or either of its Vice-
Presidents in conjunction with its Secretary or one of its Assistant Secretaries, under its corporate seal, to appoint any person or persons
as attorney or attorneys-in-fact, or agent or agents of said Company, in it? name and as its act, to execute and deliver any and all con
tracts guaranteeing the fidelity of persons holding positions of public or private trust, guaranteeing the performances of contracts other
than insurance policies and executing or guaranteeing bonds and undertakings, required or permitted in all actions or proceedings, or
by law allowed, and
Also, in its name and as its attorney or attorneys-in-fact, or agent or agents to execute and guarantee the conditions of any and all
bonds, recognizances, obligations, stipulations, undertakings or anything in the nature of either of the same, which are or may by law,
municipal or otherwise, or by any Statute of the United States or of any State or Territory of the United States or of the Provinces of the
Dominion of Canada or of the Colony of Newfoundland, or by the rules, regulations, orders, customs, practice or discretion of any board,
body, organization, office or officer, local, municipal or otherwise, be allowed, required or permitted to be executed, made, taken, given!
tendered, accepted, filed or recorded for the security or protection of, by or for any person or persons, corporation, body, office, interest!
municipality or other association or organization whatsoever, in any and all capacities whatsover, conditioned for the doing or not doing
of anything or any conditions which may be provided for in any such bond, recognizance, obligation, stipulation, or undertaking, or
anything in the nature of either of the same.
/, Theodore G. Parks , an Assistant Secretary of the UNITED STATES FIDELITY AND
GUARANTY COMPANY, do hereby certify that the foregoing is a full, true and correct copy of the original power of attorney given
by said Company to
Gary Willis
of Nacogdoches , Texas , authorizing and empowering him to sign bonds as therein set
forth, which power of attorney has never been revoked and is still in full force and effect.
And I do further certify that said Power of Attorney was given in pursuance of a resolution adopted at a regular meeting of the
Board of Directors of said Company, duly called and held at the office of the Company in the City of Baltimore, on the 11th day of
July 1910, at which meeting a quorum of the Board of Directors was present, and that the foregoing is a true and correct copy of said
resolution, and the whole thereof as recorded in the minutes of said meeting.
In Testimony Whereof, I have hereunto set my hand and the seal of the UNITED STATES FIDELITY AND GUARANTY
COMPANY on 4/20/82.
(Date)
^v^io^
Assistant Secretary.
AMP Al iDPF.SS OF AGF.NCY
NAMF. AND ADDPf-iSS 0l" INPUPXO
Clifton Construction-Engineering, Inc.
P. 0. Box 1031
Nacogdoches, Texas 75961
COMfANIES AFFORDING COVERAGES
uT'u^"T A United States Fidelity & Guaranty
COMPANY
I LTTF.R
COMPANY
if.TTF.R-B
C
[ h:s is to e.fi' tify th.-){ policies of insurcTfiLO iistocl below h iv^ been isr.ucd U) tl ic iiu-.ur od n.:-jniod ,il»ovc and arc in fore c i-\ this tune.
l.n i rrv
A
"general " lTabujt y
I^J CHMPRflt-f.-. IVf U i-.V
! X| •••[••! .Mi;,rs ' »P| i.'M ii"-rj:-
i Xl M'JorKGP'.urU) HA;'/-.|.'i)
I Yj f!-:^'-i)U'..il-.--cnMPLtTt.ri
1 ; O'TRAl IONS HA7API.1
l.X] CUNT RAC njAL INSUHA*ICM
[y| FjfJ0A0 FOPM PROFFP:i
J 0AMAGF
IXJ INDFlPFNPfNT CONTRACTORS
I X) !-r"-.-;nNA! 'NJURY
r.sTOMO^JI.F L!AB!!. JTY
IX ' ' ■ " 'i'':c ' K f r,j .T ! O\'' '
|x!- ■,,
IXl -i'^.r.
EXCF.SS LIABILITY
I _| iif.irif-T! i a. 10PM
I J (; t I if'f^ t u/\n i iviHRf ( I \
• -,-;/ (t: |.^^ • r o:"[; - f '%! <:; /v ~ 5»"»p 1
and
1 CC 012390191
1 CC 012390191
3900822463
P()\ ICY
ill." •' ! ■
9/15/82
9/15/82
9/15/82
Limits of Liability \n Thousands (000)
CPPl \QH (1!
Should any oi the
pany will P!id.-ov-)i
mail such nolir. '"■ -ii-
!>nve df::.--j i" .■,".! polir ior. lv- ' -jnccll
t.. rrvril ...T.Q.. .. ('>',■, \vrH*-::i nof'i »:
'il impose no ohlr; i;ioh o» !i,:hil![y o
I «f.:f ••■,•- Mi'- c.-»-1-;!. •:i;-n j.'.-U^ ihrrr.of, ilv: i ■;,'jinp
? l.lv i - 0! c < v.v r, .i; ;•.'■■;■! c or ti|ir,-it <? |-iol''"' u\\\ * Mu ■
i^v '- ind upo:! H w>-i r.'.>inpanv.
Stephen F. Austin State University
P. 0. Box 6108
Nacogdoches, Texas 75961
{'■' 1 r ':;■.' if 4/20/82
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82-95
Upon motion of Regent Cullura, seconded by Regent Todd, with all members
voting aye, it was ordered that the Resolution of Appreciation to Mrs.
Tom Wright be approved, as follows: (See next page.)
Meeting adjourned at 11:00 a.m.
54
BOARD OF REGENTS
OF
STEPHEN F. AUSTIN STATE UNIVERSITY
Nacogdoches, Texas 75962
April 20, 1982
RESOLUTION OF APPRECIATION
WHEREAS Mrs. Tom Wright, nee Peggy Wedgeworth, distinguished herself as a student of
music at Stephen F. Austin State Teachers College, now State University;
WHEREAS, following her graduation and through the years, Mrs. Wright supported the
University loyally and selflessly, providing leadership and funds, part of which now support the annual
Wedgeworth lectures;
WHEREAS, in January of 1974, Mrs. Wright was appointed to the SFASU Board of Regents
to fill the unexpired term of the late Douglas Bergman and then was reappointed in January 1977 to a full
term;
WHEREAS, as a Board member, Mrs. Wright has served on such committees as Academic and
Student Affairs, the Executive, the Finance, and the Building-naming, bringing to the work of each commit
tee, as well as to the Board, dedication and energy and resourcefulness;
WHEREAS, in April 1980, Mrs. Wright was elected Chairman of the Board and then re-elected
in April 1981;
WHEREAS, as Chairman, she has provided even more distinguished leadership to the
University; and
WHEREAS, Mrs. Wright's term as Chairman expires in April 1982;
NOW THEREFORE BE IT RESOLVED by the Board of Regents of Stephen F. Austin State
University in meeting assembled this twentieth day of April, 1982, that appreciation be expressed to Mrs.
Wright for her service as a Regent and as Chairman of the Board and that best wishes be extended to her as she
continues to serve as a member of the Board; and
BE IT FURTHER RESOLVED that a copy of this resolution be spread upon the Minutes of
this meeting and that a copy be presented to Mrs. Wright.
THE BOARD OF REGENTS, STEPHEN F. AUSTIN STATE UNIVERSITY
Ted Bowen, Vice Chairman Mrs. George P. dullum, Jr. ~ ^ ^
Homer Bryce / Fletcher Garner
55
Larry Jackson
Attest:
Glenn Justice
■ ?
izz
R'. E. Samuel, jrT
Baker Pattillo, Secretary to the Board Walter C. Todd