Minutes of the Board of Regents of Stephen F. Austin State University. 1982, Volume No. 57

              Stephen F. Austin
State University
Minutes of the
Board of Regents
Nacogdoches, Texas
January 19,1982
Volume 57
INDEX
Minutes of the Meeting
Stephen Fe Austin State University
Board of Regents
Held in Nacogdoches, Texas
January 19, 1982 page
82-26 Approval of Minutes
82-27 Election of President 2
82-28 Faculty and Staff Appointments 7
82-29 Changes in Status .
82-30 Resignations £
82-31 Suspension
82-32 Promotions ' 6
82-33 Approval of Policy Relating to Sexual Harassment
Mat fAt i
cation-Commu
proval of Pr
6
82-34 Approval of Deletion of Master of.Arts in Communi
Communication Theory n
82-35 AApppprroovvaall ooff PPrrooppoossaall ffoorr aa MMaasstteerr ooff IInntetrddiisciilplii
nary Studies
.
82-36 Approval for Retention the Underenrolled Classes
for Spring 1982
82-37 Approval of Faculty Workload Report for Spring 1982 n
82-38 Approval of Twelfth Class Day Enrollment Report for
Spring 1982
82-39 Approval of Last Class Day Enrollment Report for
Fall 1981 Semester
82-40 Approval of Policy on Patents }}
82-41 Approval of FY82 Budget Adjustments ,,
82-42 Approval of Fiscal Regulations J,
82-43 Approval of Transfers Between Appropriated
Elements of Cost
82-44 Authorization to Sign Vouchers {1
82-45 Authorization to Approve Travel \A
82-46 Approval of Room and Board Rate's for FY83 14
82-47 Authorization to Seek Bids on Mathematics/
Nursing Project
82-48 Approval of Contract on Construction of Greenhouse
8? aq a Headh°us^ and Lathhouse (J. E. Kingham Const. Co.') 16
82-49 Approval of Budget for Agriculture Facilities Addition
(Headhouse, Lathhouse § Greenhouse) . „
82-50 Approval of Contract with J § M Construction Company
S9 <i! a Construction of Addition to Forestry Lab Bid/ 33
82-51 Approval of Project Budget for Addition to Forestry
Lab Building 7
82-52 Approval of Contract with T. G. Evans Company for
Dormitory Repairs--1982 ' 50
82-53 Authorization to Seek Bids on Summer 1982 Projects 67
»2-b4 Approval of Contract with Kent-Marsellos-Scott
(( Field Houssee Renovations) 67
Approval of Contract with Collier Electric Company
Rid Hll)
Miscellaneous Information
!--.— ~- w.i^iavi. »iui punier electric Com'
(Life Safety Improvement in Residence Halls)' 96
MINUTES OF THE MEETING
BOARD OF REGENTS
STEPHEN F. AUSTIN STATE UNIVERSITY
HELD IN NACOGDOCHES, TEXAS
January 19, 1982
The meeting was called to order by Mrs. Tom Wright, Chairman of the Board
of Regents, at 9:30 a.m. January 19, 1982.
REGENTS -
PRESENT:
ABSENT:
Mrs. Tom Wright of Nacogdoches
Mr. R. E. Samuel of Madisonville
Mr. Fletcher Garner of Bridge City
Mr. Ted Bowen of Houston
Mr. Glenn Justice of Dallas
Mr. Larry Jackson of Piano
Mr. Homer Bryce of Henderson
Mr. Walter Todd of Dallas '
Mrs. George Cullum of Dallas
STAFF -
PRESENT: Dr. William R. Johnson, President of the University
Dr. Edwin Gaston, Interim Vice President for Academic
Affairs
Dr. Baker Pattillo, Vice President for Student Affairs
Mr. Otto Ehrlich, Interim Vice President for Fiscal
Affairs
Mr. Robert Provan, Legal Counsel
Mr. Clyde Carman, Director of Development
VISITOR - Ms. Marilea Murray, President, Student Government
Association
82-26'
Upon motion of Regent Justice, seconded by Regent Bowen, with all members
voting aye, it was ordered that the minutes of the meeting of December 9,
1981, be approved.
82-27
Upon motion of Regent Jackson, seconded by Regent Bowen, with all members
voting aye, it was ordered that Dr. William R. Johnson be elected
President of the University for the period September 1, 1982 to August 31,
1 j O J«
82-28
Upon motion of Regent Samuel, seconded by Regent Justice, with all members
voting aye, it was ordered that the following individuals be employed for
the positions, dates, and salaries indicated.
1. School of Applied Arts and Sciences
The following faculty were appointed to teach courses at the designated
time, place, and for salaries as indicated:
Ralph Eddins Fall 1981 Title VII Admin.
Trainee Program $ 800.00
William Heeney Fall 1981 Title VII Admin.
Trainee Program 800.00
John H. Lewis Fall 1981 - Banking Institute 3,750.00
Fall 1982
Morgan Moses Fall 1981 Title VII Admin.
Trainee Program 800.00
Jose Rodriguez Fall 1981 Title VII Admin.
Trainee Program 800.00
2. Department of Accounting
Dr. George M. Blankenbeckler, 49, Ph.D. (University of Georgia),
Professor of Accounting, at a salary rate of $31,000 for nine months
effective September 1, 1982.
Dr. Frank J. Lauderdale, 66, Ph.D. (University of Texas), Lecturer
(25% time) in Accounting, at a salary rate of $4,241 for the Spring
Semester, 1982, only.
3. Department of Administrative Services
Ms. Sarah N. Richardson, 43, M.B.Ed. (Stephen F. Austin State Uni
versity), Lecturer (50% time) in Administrative Services, at a salary
rate of $3,000 for the Spring Semester, 1982, only.
4. Department of Biology
Dr. Richard Connor, 36, Ph.D. (Virginia Tech University), Lecturer
(12.5% time) in Biology, at a salary rate of $1,250 for the Spring
Semester, 1982, only.
Dr. James G. Dickson, 39, Ph.D. (Louisiana State University),
Lecturer (12.5% time) in Biology, at a salary rate of $1,250 for
the Spring Semester, 1982, only.
5. Department of Counseling and Special Educational. Programs
Ms-. Emile M. Kief, 33, M.Ed. (University of Pittsburgh), Lecturer
(100% time) in Counseling and Special Educational Programs, at a
salary rate of $4,500 for the Spring Semester, 1982, only. '
6. School of Forestry
Mr. William H. Klein, 54, M.F. (Yale University),•Visiting Associate
Professor of Forestry, at a salary rate of $13,000 for 100% time for
the Spring Semester, 1982, only.
7. Department of Management and Marketing
Mr. Johnny T. Long, 56, M.Ed. (Stephen F. Austin State University),
Lecturer (50% time) in Management, at a salary rate of $4,000 for
the Spring Semester, 1982 only.
8. Social Work Program
Ms. Nina Mae Green, 27, M.S. (American Technological University),
Project Director, Parent Education Program, at a salary rate olf
$21,600 for twelve months for 100% time, effective November 1, 1981.
Ms. Patricia Holliday Skelton, 32, B-.S. Ed. (Stephen F. Austin State
University), Educational Specialist, Parent Education Program, at a
salary rate of $15,000 for twelve months for 100% time, effective
November 1, 1981.
9. Division of Fiscal Affairs
Mr. David D. Stanley, 33, B.B.A., M.B.A. (Midwestern State Uni
versity), Business Manager, at a salary rate of $34,000 for twelve
months, effective December 1, 1981.
10. Division of Student Affairs
Mr. James. Hess, Athletic Director and Head Football Coach, at a salary
rate of $46,305 for twelve months, effective December 14, 1981.
Mr. Don Bagley, Receiving Supervisor, at a salary rate of. $11,128
for twelve months, effective November 1, 1981. ' .
82-29
Upon motion of Regent Bryce, seconded by Regent Jackson, with all members
voting aye, it was ordered that the following changes in status be
approved:
1. Department of Secondary Education
Dr. Jose A. Rodriguez, from 100% time teaching to 75% time teaching
and 25% time as Director of Title VII Administrative Trainee Program,
effective October 1, 1981. There is no change in salary.
2. University Library
Ms. Sue Ann Muckleroy, from Assistant Bibliographic.Librarian III,
at a salary rate of $17,026 for nine months to Bibliographic Control
Librarian III, at a salary rate of $18,026 for nine months, effective
October 1, 1981.
Ms. Nancy Lee Shaffer, from Serials Librarian II to Bibliographic
Librarian II with no change in salary, effective January 14, 1982.
Ms. Peggy Wedgeworth, from Bibliographic Control Librarian III, at
a salary rate of $19,761 for nine months to Associate Library Director
for Technical Services/Automation at a salary rate of $27,100 for
twelve months, effective October 1, 1981.
Ms. Bernice Martha Wright, from Acquisitions Librarian II at a
salary rate of $16,688 for nine months to Acquisitions and Serials
Librarian II at a salary rate of $17,688 for nine months, effective
January 14, 1982.
3. Division of Fiscal Affairs
Mr. Otto Ehrlich, from Comptroller at a salary rate of $38,982 for
twelve months to Interim Vice President for Fiscal Affairs at a
salary rate of $40,982 for twelve months, effective October 22, 1981.
4. Division of Academic Affairs
Dr. Edwin W. Gaston, Jr., from Interim Vice President for Academic
Affairs to Vice President for Academic Affairs, effective January 19,
1982. No change in salary.
82-30
Upon motion of Regent Justice, seconded by Regent Bryce, with all members
voting aye, it was ordered that the following resignations be honored:
1. School of Forestry
Mr. Joseph Cliff James, Instructor, effective January 16, 1982.
Mr. James will seek other employment to further his career goals.
2. Department of Health and Physical Education
Ms. Mary Frances Skinner, Instructor and Tennis Coach, effective
January 14* 1982. Ms. Skinner resigned for personal reasons.
3. Department of Music
Ms. Barbara Haden, Lecturer (7% time), effective October 31, 1981.
Ms. Haden resigned for personal reasons.
4. Division of Nursing
Ms. Valdyne M. Henderson, Assistant Professor, effective May 31, 1981,
Ms. Henderson will become a nursing science doctoral student.
5. University Library
Ms. Shirley Dickerson, Librarian I, effective January 15, 1982. Ms.
Dickerson is moving from Nacogdoches.
Ms. Laine Farley, Humanities Librarian I, effective January 15,
1982. Ms. Farley has accepted employment at the University of
California.
6. Computer Center
Ms. Carol Anita Bunch, Technical Support Programmer/Analyst I, ef
fective December 18, 1981. Ms. Bunch will continue her studies full
time.
7. Division of Fiscal Affairs
Mr. Charles G. Haas, Vice President for Fiscal Affairs, effective
October 21, 1981.
Mr. Douglas Hughes, Business Manager, effective September 25, 1981.
Mr. Hughes resigned to accept other employment.
82-31
^r > Re^ent/^n seconded by Regent Justice, with all members
aye, it was ordered that the following suspension be approved:
1. Department of English and Philosophy
Dr. Sidney E. Bellamy, Associate Professor of English, effective
December 4, 1981. Dr. Bellamy is suspended without pay for an
indefinite period following conviction for his involvement in a
felony charge.
82-32
Upon motion of Regent Garner, seconded by Regent Bryce, with all members
voting aye, it was ordered that the following promotion be accepted:
1. School of Forestry
Dr. Malcolm MacPeak from Research Associate in Forestry at a salary
}?Je°f p,716 to Assistant Professor of Forestry at a salary rate of
516,500 for nine months, effective October 1, 1981. Dr. MacPeak was
awarded the Doctor of Forestry degree and was recommended for promotion
by his academic dean.
82-33
Upon motion of Regent Bryce, seconded by Regent Samuel, with all members
voting aye it was ordered that the University "Policy Relating to Sexual
Harassment," be approved, as follows:
PROCEDURES FOR DEALING WITH
SEXUAL HARASSMENT
It is the policy of Stephen F. Austin State University that no member of
the University Community may sexually harass another. Any staff or faculty
member, or any student (when involving faculty or staff) will be subject to
disciplinary action for violation of this policy..
Title 29 Code of.Federal Regulations Section 1604.11 states that an employer
is responsible for its acts and those of its agents and supervisory employees
with respect to sexual harassment regardless of whether the specific acts
complained of were authorized or even forbidden by the employer and regardless v
of whether the employer knew or.should have known of their occurrence. With
respect to conduct between fellow employees, an employer is responsible for
acts- of sexual harassment in the workplace where the employer (or its agents
or supervisory employees) knows or should have known of the conduct unless
it can show that it took immediate and appropriate corrective action.
Because of this legislated responsibility, the University cannot dismiss
a complaint, once registered with a departmental chairperson or divisional
supervisor, until, the case has been officially resolved by the sexual harass
ment board or withdrawn in writing by the complainant.
However, the University reserves the right to take, appropriate disciplinary
action against any sexual harassment occurring in its workplace even in the
absence of an individual complaint.
I. Definition
1. Unwelcome sexual advances, requests for sexual favors, and other verbal
or physical conduct of a sexual nature constitute sexual harassment when:
a. Submission to such conduct is made either explicitly or implicitly
a term or condition of an individual's employment or academic
career,
b. Submission to or rejection of such conduct by an individual is
used as the basis for employment or academic decisions affecting
the individual,
c. Such conduct has the purpose or effect of unreasonably inter
fering with an individual's performance or creating an intimidating,
hostile, or offensive employment or academic environment.
2. In determining whether alleged conduct constitutes sexual harassment, the
University shall construe any act or omission within the totality of the
circumstances, such as the nature of the sexual advances and the context
in which the alleged incidents occurred. Each determination shall be made
from the facts on a case-by-case basis.
II. Filing Procedure
1. If an individual believes that he or she has been the victim of sexual
harassment, then he or she should begin the complaint procedure by filing
a complaint with the appropriate departmental chairperson or divisional
supervisor. The reason for filing with these persons is that they have
the primary responsibility of implementing the University policy and pro
viding employees and students with an employment or academic environment
free of harassment, intimidation, or retaliation. In the event that a
chairperson or supervisor is accused of sexual harassment, or has a valid
reason for not serving on the Board, the President shall appoint a sub
stitute to perform his or her functions in these procedures.
2. A complaint against a departmental chairperson, divisional supervisor,
or other administrative official should be filed with that administrator's
immediate superior,
3. The complaint should be filed within 90 calendar days of knowledge of the
alleged conduct.
Ill, Resolution by Sexual Harassment Board
1. The departmental chairperson or divisional supervisor shall form a three-member
Sexual Harassment Board'with the Director of Affirmative Action
and the. Title IX Coordinator.
2. The Board .shall be chaired by the chairperson or supervisor.
3. The chairperson of the Board shall provide a written copy of the complaint
to the accused.
4. The Board shall meet with the two parties separately to discuss the complaint,
5. As. part of its attempt to resolve the complaint, the Board may conduct
an investigation, subject to the following rules:
a. The investigation shall be confidential, subject to law and
University policy.
b. The accused shall be presumed not guilty unless the complaint
can be proved by a preponderance of the evidence.
c. The accused shall be provided with an adequate opportunity
to form a response to any information presented to him as a
result of the investigation.
d. The accused shall be given a written warning that any retaliation
against the complainant shall result in prompt disciplinary action.
6. If the chairperson of the Board, after deliberation with its other members,
is able to resolve the complaint, he may do so in one of the following
manners:
a. Dismiss the charge,
b. Accept a written retraction from the complainant,
c. Secure from the accused an admission of guilt, a voluntary
acceptance of disciplinary, action, and a promise not to commit
further harassment.
7. The chairperson of the Board shall be responsible for notifying the
complainant and the accused of the Board!s decision*
8. At the conclusion of its work, the Board shall send a report to the
Dean of the School or the Director of the Division in which the com
plaint arose.
9. A report with all exhibits and evidence shall be kept in the Affirmative
Action Office rather than the personnel file of the accused.
IV. Disciplinary, Action
1.. In the event that the facts discovered in the investigation warrant,
the departmental chairperson- or divisional supervisor may begin appropriate
disciplinary action pursuant to University policy. The Director of
Affirmative Action and the Title IX Coordinator shall present their advice
regarding the specific action to be taken.
2. The. accused may appeal the disciplinary action to be taken by.using the
grievance procedure set out in the appropriate employee handbook.
V. Appropriate Relief
1. With the approval of the President, the departmental chairperson or
divisional supervisor may take appropriate steps to provide the complainant
with an employment or academic environment free of harassment, intimidation,
or retaliation.
2. The relief provided to the complainant does not depend on any resolution
of the complaint or disciplinary action against the accused.
10
APPENDIX (A)
In addition to the disciplinary action outlined in the appropriate employee
handbook, the supervisor of an accused faculty or staff member may consider
the following discipline actions appropriate depending on the facts discovered
during the investigation.
(a) Create awareness
(b) Recommend psychiatric counseling
(c) Reprimand orally
(d) Reprimand in writing
(e) Limit or modify work assignments
(f) Reassign
(g) Suspend with pay
(h) Demote
(i) Suspend without pay
(j) Terminate
(k) Or other disciplinary action deemed appropriate for.the
degree of seriousness assigned by the board members to
the offense committed.
In addition.to the disciplinary action outlined in the student handbook, the
University may consider appropriate, disciplinary action against a student
could be one of the following:
(a) Create awareness
(b) Recommend psychiatric counseling.
(c) Reprimand orally
(d) Reprimand in writing
(e)' Modify class assignment
(f) Suspend from class(es)
(g) Place on probation
(h) Suspend temporarily from all classes
(i) Expel permanently
(j) Or other disciplinary action deemed appropriate for the degree
of seriousness assigned by the board members to the offense
committed..
11
82-34
Upon motion of Regent Justice, seconded by Regent Bowen, with all members
voting aye, it was ordered that deletion of the Master of Arts in Communi
cation-Communication Theory be approved.
82-35
Upon motion of Regent Bryce, seconded by Regent Justice, with all members
voting aye, it was ordered that the proposal for a Master of Inter
disciplinary Studies be approved as submitted.
82-36
Upon motion of Regent Bowen, seconded by Regent Jackson, with all members
voting aye, it was ordered that the Chairman of the Board be authorized
to approve for retention the underenrolled classes for Spring 1982.
82-37
Upon motion of Regent Justice, seconded by Regent Bowen, with all members
voting aye, it was ordered that the Chairman of the Board be authorized
to approve the Faculty Workload Report for Spring 1982.
82-38
Upon motion of Regent Samuel, seconded by Regent Jackson, with all members
voting aye, it was ordered that the Chairman of the Board be authorized
to approve the twelfth class day enrollment report for Spring 1982.
82-39
Upon motion of Regent Bowen, seconded by Regent Jackson, with all members
voting aye, it was ordered that the last class day enrollment report for
the Fall 1981 Semester be approved as submitted at the meeting.
82-40 ■
Upon motion of Regent Bryce, seconded by Regent Justice, with all members
voting aye, it was ordered that the policy regarding patents, as stated
below, ..be approved.
UNIVERSITY POLICY ON PATENTS
The University encourages the disclosure and development of meaningful
inventions in the best interest of the public, the inventor and the
University.
1. General Policy
In general, inventions, innovations, discoveries, and improvements
made with the use of University facilities or services, or during
the course of regularly assigned duties, shall become the property
12
of the University and shall be so used and controlled as to secure
equitable benefit to the public, the inventory, and the University.
2. Applicability
This policy shall apply to all persons employed by the University and
to anyone using facilities owned by or under the supervision of the
University. The policy shall apply to all inventions, innovations,
discoveries, and improvements developed with the use of University
facilities or financed in whole or in part, from funds under the
control of the University or any cooperative arrangement which makes
no definite provision for the ownership of patents.
3. Assignment
All employees and others who are subject to this policy by virtue of
their use of University services, facilities or funds shall assign
all inventions and patents to the University, except those which
might be owned by third parties pursuant to sponsored research agree
ments and those resulting from independent work or permissable con
sulting activities without use of University facilities.
4. License to Inventor
In return, the University shall grant to the inventor a royalty-free,
non'-exclusive and irrevocable license, throughout the world, to
reproduce, adapt., or otherwise use the invention without restriction.
5. Inventions Resulting from Independent Effort
When patentable ideas are developed on an individual's own time and
effort and without direct University support or use of University
facilities, they are the exclusive property of the inventor and the
University has no claim to any profits resulting therefrom. Should the
inventor choose to offer his invention to the University, the President
shall recommend to the Board of Regents whether the University should
support and finance the patent application and manage the patent de
velopment. If the inventor makes the offer after obtaining, the patent,
the President shall recommend to the Board of Regents whether the
University should reimburse the inventor for his expenses in obtaining
the patent. If the invention is accepted for patent management by
the University, the inventor shall assign the invention and patent to
the University, and the University shall proceed through its own efforts
or those of a patent agent to obtain and manage the patent.
6- Inventions Resulting from Research Supported by Grants
To the extent of any conflict, the patent policy of the University is
subject to, and thus amended and superseded by, the specific terms
pertaining to patent rights included in federal grants and contracts,
or grants and contracts with nonprofit foundations, private donors,
or private industry.
13
82-41
Upon motion of Regent Justice, seconded by Regent Bowen, with all members
voting aye, it was ordered that the following budget-adjustments for FY82
be approved. •
Account No. Account Name Explanation Amount
1. 5020
2. 1401
3. 1201
Intercollegiate Additional salaries and vehicle
Athletics - Men replacement and addition
Computer Center Operational funds related to
period of dual operation
Physical Plant
Gen, Services
To provide one-half the cost
of replacement vehicles (two
vans and two station wagons)
Source of Funds: Pledged Property Surplus
$116,000.00
52,000.00
22,000.00
4. 1063
5, 1204
8. 10S1
9. 1201
Instructional
Capital Equip,
Building Main
tenance
6. 1135 Library
7. 1102 Beef Farm
Office of the
De an—School
of Business
Phy. Plant
Gen. Services
To supplement originally budgeted
funds
To provide additional computer
cable to the Physical Education
Building and the Business Ad
ministration Building
Third annual payment on computer
Additional funds to complete
clearing of 80 acres of land
Carpet, furnishings, minor
renovation
To provide one-half the cost of
replacement vehicles (two vans
and two station wagons)
Source of Funds: Education and General Surplus
60,000.00
12,000.00
21,216.00
6,398.40
11,195.00
22,000.00
82-42
Upon motion of Regent Bryce, seconded by Regent Jackson, with all members
llllLT0 "loaf u T6d thf the reViS6d Fiscal Regulations, effective
, 1981, be approved.
14
82-43
Upon motion of Regent Bowen,. seconded by Regent Justice, with all members
voting aye, it was ordered that the fiscal year 1981 transfers between
appropriated elements of cost be approved as shown in Schedule G-l of the
annual financial report for FY81.
82-44
Upon motion of Regent Justice, seconded by Regent Bowen, with all members
voting aye, it was ordered that the following persons be authorized to
sign any and all vouchers and checks for the two-year period ending on
August 31, 1983, . . .
Dr. William R. Johnson, President
Mr. Otto Ehrlich, Interim Vice President for Fiscal Affairs
Mr. David D. Stanley, Business Manager
and that the following persons be authorized to sign vouchers for the
purchase of library materials for the two-year period ending on August 31,
1983.
Al Cage, Director of Libraries
Lee Sullenger, Associate Library Director for Public Service
PeSgy Gibson, Library Accounting Clerk III
Nancy Shaffer, Serials Librarian II
Bernice Wright, Acquisitions Librarian II
82-45
Upon motion of Regent Justice, seconded by Regent Bowen, with all members
voting aye, it was ordered that the following persons be authorized to
approve all travel requests for University employees for the biennium
ending on August 31, 1983,
Dr. William R. Johnson, President
Dr. Edwin Gaston, Jr., Interim Vice President for Academic Affairs
Dr. Baker Pattillo, Vice President for Student Affairs
Mr. Otto Ehrlich, Interim Vice President for Fiscal Affairs
and Dr. Baker Pattillo, Acting Secretary to the Board of Regents, is
authorized to approve all travel by members of the Board of Regents.
82-46
Upon motion of Regent Bowen, seconded by Regent Bryce, with all members
voting aye, it was ordered that room and board rates for FY83 be approved,
as follows:
STEPHEN F, AUSTIN STATE UNIVERSITY
Nacogdoches, Texas
ROOM AND BOARD RATES FOR 1982-83
Fall or Spring Semester
15
Meals
Classification I
Halls 9, 12, 17
Classification II
Halls 7,10,13,14,
15,16,18
Classification III
Halls 1,2,3,5,8,11
$287.00 $600.00 $615.00 $635.00 $230.00
464.00 464.00 . 464.00 . 464.00 174.00
444.00 444.00 444.00 444.0.0 166.00
343.00 343.00 343.00 343.00 142.00
Increase over 1981-82 - 10% ■•
Average.9 month increase in Dormitory room and board rates: .$188.00.
82-47
x «£■;: »
82-48
16
m Construction Company, for the construction of a Greenhouse Head
Source of Funds: Ad Valorem Tax Funds on Hand
17
AGREEMENT BETWEEN OWNER AND CONTRACTOR
THE STATE OF TEXAS
KNOW ALL MEN BY THESE PRESENTS
COUNTY OF NACOGDOCHES
AGREEMENT
Made as of the Twenty Third day of January in the year of Nineteen Hundred and
Eighty Two
BETWEEN THE OWNER: STEPHEN F. AUSTIN STATE UNIVERSITY,
NACOGDOCHES, TEXAS 75962, acting herein
through its Chairman
AND THE CONTRACTOR: J . E. Kingham Construction
P. O. Box 632
Nacogdoches, Texas 75961
THE PROJECT: HEADHOUSE, LATHHOUSE & GREENHOUSE
STEPHEN F . AUSTIN STATE UNIVERSITY
NACOGDOCHES, TEXAS
THE ARCHITECT: KENT-MARSELLOS-SCOTT,
ARCHITECTS-ENGINEERS
P. O. BOX 2309
LUFKIN, TEXAS 75901
The Owner and the Contractor agree as set forth below:
18
ARTICLE 1 '
THE CONTRACT DOCUMENTS
The Contract Documents consist of this Agreement, the Conditions of the Contract
(General, Supplementary and other Conditions), the Drawings, the Specifications>
all Addenda issued prior to and all Modifications issued after execution of this
Agreement. These form the Contract, and all areas 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 HEADHOUSE, LATHHOUSE & GREENHOUSE
STEPHEN F. AUSTIN STATE UNIVERSITY
. NACOGDOCHES, TEXAS
ARTICLE 3
TIME OF COMMENCEMENT AND SUBSTANTIAL COMPLETION
The Work to be performed under this Contract shall be commenced on or before
a date to be specified in a written "Notice to Proceed" by the Owner and,
subject to authorized adjustments, Substantial Completion shall be achieved not
later than 150 calendar days thereafter.
-2-
19
The Contractpr further agrees to pay as liquidated damages the sum of
FIFTY DOLLARS ($50.00) per day for each consecutive calendar day thereafter
the work remains unfinished as specified in Paragraph 1.41 of "Supplementary
Conditions" and in "Proposal" .
ARTICLE 4
CONTRACT SUM
The Owner shall pay the Contractor in 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 NINETY NINE THOUSAND
FIVE HUNDRED THIRTY THREE AND NO/100 ($99,533.00)
out of Ad Valorum Tax funds available to the Owner for expenditure for the use
and benefit of Stephen F . Austin State University.
The Contract Sum is determined as follows:
BASE BID $95,490.00
Alternate #1 + 4,043.00
Contract Price $99,533.00
-3-
20
ARTICLE 5
PROGRESS PAYMENTS
Based upon Applications for Payment submitted to the Architect by the Contractor
and Certificates for Payment issued by the Architect, the Owner shall make
progress payments on account of the Contract Sum to the Contractor as pro
vided in the Contract Documents for the period ending the last day of the
month as follows:
Not later than Thirty days following the end of the period covered by the
Application for Payment Ninety Five percent (95%) of the portion of the Contract
Sum properly allocable to materials and equipment suitably stored at the
site or at some other location agreed upon in writing, for the period covered
by the Application for Payment, less the aggregate of previous payments
made by the Owner; and upon Substantial Completion of the entire Work, a
sum sufficient to increase the total payments to Ninety Five percent (95%) of the
Contract Sum, less such amounts as the Architect shall determine for all
incomplete Work and unsettled claims as provided in the Contract Documents.
ARTICLE 6
FINAL PAYMENT
Final payment, constituting the entire unpaid balance of the Contract Sum,
shall be paid by the Owner to the Contractor thirty days after the Work has
been completed, the Contract fully performed, and a final Certificate for
Payment has been issued by the Architect.
-4-
21
ARTICLE 7
MISCELLANEOUS PROVISIONS
7.1 Terms used in this Agreement which are defined in the Conditions of the
Contract shall have the meanings designated in those conditions.
7.2 The Contract Documents, which constitute the entire agreement between
the Owner and the Contractor, are listed in Article 1 and, except for
Modifications issued after execution of this Agreement, are enumerated
as follows:
Drawings and Specifications entitled "HEADHOUSE, LATHHOUSE,&
GREENHOUSE, STEPHEN F. AUSTIN STATE UNIVERSITY, NACOGDOCHES,
TEXAS",
Sheet and Section numbers as listed in Paragraph 1.1 of "Supplementary
Conditions" and the following:
1. Addendum -No. 1, dated December 7, 1981, Page 1 & Detail Sheet GH-1
Copies of which are attached hereto are a part of this contract.
2. This contract is to cover the General Contract work, Plumbing,
Mechanical and Electric work, complete.
3. The said Drawings and each of all said Specifications and "General
Conditions" are made part of this Agreement for all intents and
purposes, provided that if anything in the said "General Conditions"
of the Contract is in conflict with this Agreement, this Agreement
shall control and govern.
-5-
22
4. The work called for and included in this Agreement is to be done
under the direction of the Architect above named and his determination
of the true meaning and proper construction of the Drawings and
Specifications shall be considered as final.
5. The Contractor shall pay premium for and furnish Performance
Bond, and Payment Bond in amount of 100% of Contract Price;
on form to be furnished by Architect, with sureties acceptable
to the Owner, conditioned:
1.) That Contractor shall faithfully perform his Contract and
fully indemnify and save Owner harmless from all costs
and damages which may be suffered by reason of failure
to do so, and fully reimburse and repay Owner all outlay
and expense which Owner may incur in making good any
default.
2.) That Contractor shall pay all persons who have con
tracts directly with Contractor for labor and materials
save which persons shall have a direct action against
Contractor and the surety on his bond, subject to
Owner's priority.
Surety Companies shall be on approved list of U. S. Treasury
Department of "Companies holding Certificates of Authority from
the Secretary of the Treasury under the Act of Congress Approved
-6- . ' '
' . 23
July 30, 1957, as Acceptable Sureties on Federal Bonds" and within
the Underwriting limitations listed therein for any single risk.
Bond shall comply with requirements of all state laws; including
those of Article 5160 Revised Civil Statutes of Texas, 1925, as
amended by House Bill 344, Acts 56th legislature, Regular Session,
1959, effective April 27, 1959.
6. The Contractor shall effect, pay for and maintain during the
life of this Contract insurance acceptable to the Owner, conforming
to the following schedule:
a) Compensation and Employer's Liability Insurance:
As required by the laws of the State of Texas; Employer's
Liability Insurance, $500,000.00.
b) Comprehensive General Liability Insurance and Automobile
Liability Insurance: In an amount not less than $500, 000. 00
for injuries, including personal injury or accidental death
to any one person, and in an amount not less than
$500,000 .00 on account of one occurrence; Property Damage
Insurance in an amount not less than $300,000.00.
c) Include Broad Form Property Damage Insurance. Remove
"XCU" Exclusions (Explosion, collapse, underground property
damage) . Include damage to underground wiring, conduits, .
piping.
-7-
24
d) Contractual Liability Insurance: As applicable to the
Contractor's obligations under Paragraph 4.18 of "General
Conditions" . The Contractor shall obtain at his expense
Owner's Protective Liability Insurance Policy naming the
Owner and the Architect/Engineer as insured with the following
limits:
1. Bodily Injury
$500,000.00 (each person)
$500,000.00 (each occurence)
2. Property Damage
$300,0,00.00 (each occurrence)
e) Completed Operations: Continue coverage in force for
one year after completion of work.
f) Before commencement of operations hereunder, Con
tractor shall furnish to the Architect, photostatic copies
of the above mentioned insurance policies, together with
a certificate from the insurance carrier that the insurance
will not be cancelled or permitted to lapse until fifteen
(15) days written notice of said impending cancellation
has been given to the Owner.
7. Builder's Risk Insurance: The Owner shall provide Builder's Risk
Insurance (Fire, extended coverage, vandalism and malicious mischief)
25
as specified in Paragraph 1.6 of Specifications on a 100% completed value
basis in the names of the Contractor, Subcontractors, Owner and
Architect, as their interests appear.
The Owner will purchase and maintain such Steam Boiler Insurance
as may be required by the Contract Documents or by law. This insurance
shall include the interest of the Owner, the Contractor and Subcontractors
as their interests appear.
The Contractor shall complete the several portions and the whole
of the work called for under this Agreement and shall deliver said
, improvements and premises, upon completion, to the Owner, free
and clear of all liens and claims for labor furnished or materials
used and other indebtedness whatsover.
8. For purposes of complying with the State of Texas Sales Tax,
the following is a division between labor and materials.
Labor
Materials
Total $ 99,533; 00
Contractor hereby assigns to Owner any and all claims for overcharges
associated with this contract which arise under the antitrust laws of the
United States, 15 U.S. C. A. Sec. 1 et seq. (1973).
-9-
26
IN WITNESS WHEREOF, the parties of these presents have ex
ecuted this Contract in four (4) counterparts, each of which shall be deemed
an original in the year and day first above mentioned.
SEAL
By
BOARD OF REGENTS
STEPHEN F . AUSTIN STATE UNIVERSITY
(7
SEAL
READ EXAMINED:
J . E ,. KINGHAM CONSTRUCTION COMPANY
P.O. BOX632
NACQGDQCHES, TEXAS 75961
Address
B
Secretary
Board of Regents, Stephen F. Austin State University
(1) Corporation name of Owner
(2) Title of authorized official .
(3) Strike out inapplicable terms. Secretary of the Owner should
attest. If Contractor is corporation, Secretary should attest.
Give proper title of each person executing Contract.
27
PAYMENT 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 NACOGDCCKES
KNOW ALL MEN BY THESE FRE5ENTS: That we
J. E. Mngharo Comtruction :
a (2)
of HacogdOChes TexflS hereinafter called Principal and
(3j United States Fidelity and Guajpnty Baltimore, Maryland
Maryland
State of__ __ hereinafter called the Surety,
are held and firmly bound unto (4). BOARD CF REGENTS,
STEPHEN F. AUSTIN STATE UNIVERSITY
hereinafter called Owner, unto all persons, firms, and corpora
tions who may furnish materials for, or perform labor upon the
building or improvements hereinafter referred to in the penal sum
of Ninety Mine Thousand F1va Hundred Thirty Three and No/100
_DOLLAxtS ($ 99.533.00 )
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 STATK
UNIVERSITY , the Owner^
28
dated the^y o£A. D., 19
a copy of which is hereto attached and made a part hereof for the
construction of:
.NOW THEREFORE, the condition of this obligation is
such that, if the Principal shall promptly make payment to all
claimants as defined in Article 5160 Revised Civil Statutes of
Texas, 1925, as amended by.House Bill 344, Acts 56th Legislature,
Regular Session, 1959, effective April 27, 1959, supplying labor
and materials in the prosecution of the work provided for in said
Contract, then this obligation shall be null and void; otherwise,
it shall remain in full force and effect.
_ This bond is made and entered into solely for the pro
tection of all claimants supplying labor and materials in the pro
secution of the work provided for in said Contract, and all such
claimants shall have a direct right of action under the bond as
provide in Article 5160, Revised Civil Statutes, 1925 as
amended by House Bill 344, Acts 56th Legislature, Regular
Session, 1959.
PROVIDED FURTHER, that if any legal action be
t - T? b°nd> V6nUe ShaU lie in —Nacjogdoches County,
State of Texas, and that the said Surety, for value received hereby
stipulates and agrees that no change, extension of time, alteration
or addition to the terms of the Contract or to the work to be per-shlT
there^der or the Specifications accompanying the same
shall in any wise affect its obligation on this bond,, and it does
hereby waive notice of any change, extension of time, alteration
or addition to the terms of the Contract or to the work or to the
Specifications.
PROVIDED FURTHER, that no final settlement
between the Owner and the Contractor shall abridge the right
of any beneficiary hereunder, whose claim may be unsatisfied.
29
IN WITNESS WHEREOF, this instrument is executed in six
counterparts, each one of which shall be deemed an original, this the
23rd
ATTEST:
(Principal) Secretary
SEAL
Witness as to Principal
day of January , A.D.,
J. E. Kingham Construction Co. Inc.
Principal
Presidarft
Address
ATTEST:
(Surety) Secretary
Witness to Surety
Address
United
BY:
Attorney-in-^Fact
Joe Wax Green
NOTE: Date of Bond must not be prior to date of Contract.
(1) Correct name of Contractor
(2) A Corporation, A Partnership or an Individual,
as case may be.
(3) Correct name of Surety
(4) Correct name of Owner
(5) County or Parish and State
(6) Owner
(7) If Contractor is Partnership, all partners should
execute bond.
30
PERFORMANCE BOND
(To be used in Texas as required by Chapter 93 of
the Regular Session of the 56th Legislature of Texas)
THE STATE OF TEXAS
COUNTY OF
KNOW ALL MEN BY THESE PRESENTS: That we (j)
J. E. Mnghara Construction
of (2) Nacogdoches, Texas
—:—'< r .—' _hereinafter called
Principal and (3) United states Fidelity and Guaranty of
Baltimore? Maryland State of Maryland
hereinafter called the Surety, are held and firmly bound into (4)
BQARDjQF_REGgNTS, STEPHEN F. AUSTIN STATE UNIVERSITY
hereinafter called Owner, in the penal sum of Ninety NJnQ Thousand
Five Hundred Thirty Three and No/100
DOLLARS ($ 33,533*00 .
— —— ___J> 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)
the Owner, dated the day of
19__, a copy of which is attached hereto and made a part hereof
for the construction of:: Headhouse, Uthhouse & Greenhouse
Stephen F. Austin State University
Nacogdoches, Texas
31
(Herein called the l:Work").
NOW, THEREFORE, if the Principal shall well, truly and
faithfully perform the work in accordance with the Plans, Specifications
and Contract Documents during the original term thereof, and any ex
tensions thereof which may be granted by the Owner, with or without
notice to the Surety, and, if he shall satisfy all claims and demands
incurred under such Contract, and shall fully indemnify and save
harmless the Owner from all costs and damages which it may suffer by
reason of failure, to do so, and shall reimburse and repay the Owner
all outlay and expense which the Owner may incur in making good any
default, then this obligation shall be void; otherwise to remain in full
force and effect.
NOW, THEREFORE, if the Principal shall repair any and
all defects in said work occasioned by and resulting from defects in
materials furnished by, or workmanship of the Principal in performing
the work covered by said Contract, occurring within a period of two
(2) years from the date of the Contract Completion Certificate, then
this obligation shall be null and void, otherwise to remain in full
force and effect.
th- k „ PR0VIDED FURTHER, That if any legal action be filed upon
this bond venue shall liee iinn NNaaccooggddooeehh^^
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 m any wise affect its obligation of this bond, and it does hereby
waive notice of any such change, extension of time, alteration or addi
tion to the terms of the Contract or to the work or to the Specifications.
to th • PR0VIIf °' HOWEVER, That this bond is executed pursuant
to the Provisions of Article 5160 of the Revised Civil Statutes of Texas
Sr^ ^ f t °Vh %th Lil
he Revised Civil Statutes of Tex
on H if VhG LeSislature> 1959. and all liabilities
said Irdcle t tf determined * accordance with the provisions of
said Article to the same extent as if it were copied at length
32
IN WITNESS WHEREOF, this instrument is executed in six
counterparts, each one of which shall be deemed an original, this the
23rd
ATTEST:
(Principal) Secretary
SEAL
day of
January
, A.D., 19
82
J. E. Kingham Construction Co. Inc.
Principal
^U^
President
Witness as to Principal
Address
ATTEST:
(Surety) Secretary
Address
United States Fideij^y and Guaranty Company
Attorney-in-Fact Joe
Witness 4s to Surety
NOTE: Date of Bond must not be prior to date of Contract.
(1) Correct name of Contractor
(2) A Corporation, A Partnership or an Individual,
as case may be.
(3) Correct name of Surety
(4) Correct name of Owner
(5) County or Parish and State
(6) Owner
(7) If Contractor is Partnership, all partners should
execute bond.
82-49
Upon motion of Regent Justice, seconded by Regent Bowen, with all members
voting aye, it was ordered that the following project budget be approved
for the addition to the facilities of the Department of Agriculture.
Project Budget
Construction $ 99 533
Administration 3,000
Architectural Fees 7^963
$110*496
82-50
Upon motion of Regent Bowen, seconded by Regent Garner, with all members
voting aye, it was ordered that the contract for $66,190.00 with J $ M
Construction Company, Nacogdoches, Texas, for the construction of an
addition to the Forestry Lab Building be approved and the Chairman of the
Board be authorized to sign the contract.
Source of Funds: Ad Valorem Tax Funds on Hand
34
AGREEMENT BETWEEN OWNER AND CONTRACTOR
THE STATE OF TEXAS
KNOW ALL MEN BY THESE PRESENTS
COUNTY OF NACOGDOCHES
AGREEMENT
Made as of the Twenty Third day of January in the year of Nineteen Hundred and
Eighty Two
BETWEEN THE OWNER: STEPHEN F . AUSTIN STATE UNIVERSITY,
NACOGDOCHES, TEXAS 75962 , acting herein
through its Chairman
Jongeward and Mefford Construction, Inc. DBA
AND THE CONTRACTOR: J & M Construction Company
P.O. Box 1411
Nacogdoches, Texas 75961
THE PROJECT: FORESTRY LABORATORY RENOVATION
STEPHEN F . AUSTIN STATE UNIVERSITY
NACOGDOCHES, TEXAS
THE ARCHITECT: KENT-MARSELLOS-SCOTT,
ARCHITECTS-ENGINEERS
P.O. Box 2309
LUFKIN, TEXAS 75901
The Owner and the Contractor agree as set forth below:
35
ARTICLE 1
THE CONTRACT DOCUMENTS
The Contract Documents consist of this Agreement, the Conditions of the Contract
(General, Supplementary and other Conditions), the Drawings, the Specifications,
all Addenda issued prior to and all Modifications issued after execution of this
Agreement. These form the Contract, and all are as fully a part of the Contract
as if attached to this Agreement or repeated herein. An enumeration of the
Contract Documents appears in Article 7.
ARTICLE 2
THE WORK
The Contractor shall perform all the Work required by the Contract Documents
for FORESTRY LABORATORY RENOVATION
STEPHEN F . AUSTIN STATE UNIVERSITY
NACOGDOCHES, TEXAS
ARTICLE 3
TIME OF COMMENCEMENT AND SUBSTANTIAL COMPLETION
The Work to be performed under this Contract shall be commenced on or before
a date to be specified in a written "Notice to Proceed11 by the Ownei- and,
subject to authorized adjustments, Substantial Completion shall be achieved not
later than 150 calendar days thereafter.
-2-
36
The Contractor further agrees to pay as liquidated damages the sum of
TWO HUNDRED DOLLARS ($200.00) per day for each consecutive calendar day thereafter
the work remains unfinished as specified in Paragraph 1.41 of "Supplementary
Conditions" and in "Proposal".
ARTICLE 4 "
CONTRACT SUM
The Owner shall pay the Contractor in 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 SIX THOUSAND ONE
HUNDRED NINETY AND NO/100 ($66,190.00)
out of Ad Valorum Tax funds available to the Owner for expenditure for the use and
benefit of Stephen F. Austin State University..
The Contract Sum is determined as follows:
BASE BID $ 66,190.00
-3-
37
ARTICLE 5
PROGRESS PAYMENTS
Based upon Applications for Payment submitted to the Architect by the Contractor
•and Certificates for Payment issued by the Architect, the Owner shall make
progress payments on account of the Contract Sum to the Contractor as pro
vided in the Contract Documents for the period ending the last day of. the
month as follows:
Not later than Thirty days following the end of the period covered by the
Application for Payment Ninety Five percent (95%) of the portion of the Contract
Sum properly allocable to materials and. equipment suitably stored at the
site or at some other location agreed upon in writing, for the period covered
by the Application for Payment, less the aggregate of previous payments
made by the Owner; and upon Substantial Completion of the entire Work, a
sum sufficient to increase the total payments to Ninety Five percent (95%) of the
Contract Sum/less such amounts as^the Architect shall determine for all
incomplete Work and unsettled claims as provided in the Contract Documents.
ARTICLE 6
FINAL PAYMENT
Final payment, constituting the entire unpaid balance of the Contract Sum,
shall be paid by the Owner to the Contractor thirty days after the Work has
been completed, the Contract fully performed, and a final Certificate for
Payment has been issued by the Architect.
-4-
38
ARTICLE 7
MISCELLANEOUS PROVISIONS
7.1 Terms used in this Agreement which are defined in the Conditions of the
Contract shall have the meanings designated in those conditions.
7.2 The Contract Documents, which constitute the entire agreement between
the Owner and the Contractor, are listed in Article 1 and, except for
Modifications issued after execution of this Agreement, are enumerated
as follows:
Drawings and Specifications entitled "FORESTRY LABORATORY RENOVATION,
STEPHEN F. AUSTIN STATE UNIVERSITY, NACOGDOCHES, TEXAS";
Sheet and Section Numbers as listed in.Paragraph 1.1 of "Supplementary
Conditions" and the following:
1. Addendum - None •
2. This contract is to cover the General Contract work, Plumbing,
Mechanical and Electric work, complete.
3. The said Drawings and each of all said Specifications and "General
Conditions" are made part of this Agreement for all intents and
purposes, provided that if anything in the said "General Conditions"
of the Contract is in conflict with this Agreement, this' Agreement
shall control and govern.
-5-
39
4. The work called for and included in this Agreement is to be done
under the direction of the Architect above named and his determination
of the true meaning and proper construction of the Drawings and
Specifications shall be considered as final.
5. The Contractor shall pay premium for and furnish Performance
Bond and Payment Bond in amount of 100% of Contract Price;
on form to be furnished by Architect, with sureties acceptable
to the Owner, conditioned:
1.) That Contractor shall faithfully perform his Contract and
fully indemnify and save Owner harmless from all costs
and damages which may be suffered by reason of failure
to do so, and fully reimburse and repay Owner all outlay
and expense which Owner may incur in making good any
default.
2.) That Contractor shall pay all persons who have con
tracts directly with Contractor for labor and materials
save which persons shall have a direct action against
Contractor and the surety on his bond, subject to
Owner's priority. .
Surety Companies shall be on approved list of U. S. Treasury
Department of "Companies holding Certificates of Authority from
the Secretary of the Treasury under the Act of Congress Approved
-6-
40
July 30, 1957, as Acceptable Sureties on Federal Bonds" and within
the Underwriting limitations listed therein for any single risk.
Bond shall comply with requirements of all state laws; including
those of Article 5160 Revised Civil Statutes of Texas, 1925, as
amended by House Bill 344, Acts 56th legislature, Regular Session,
1959, effective April 27, 1959.
6 . The Contractor shall effect, pay for and maintain during the
life of this Contract insurance acceptable to the Owner, conforming
to the following schedule:
a) Compensation and Employer's Liability Insurance:
As required by the laws of the State of Texas; Employer's
Liability Insurance, $500,000.00.
b) Comprehensive Genera^ Liability Insurance and Automobile
Liability Insurance: In an amount not less than $500,000.00
for injuries, including personal injury or accidental death
to any one person, and in an amount not less than
$500,000.00 on account of one occurrence; Property Damage
Insurance in an amount not less than $300,000.00.
c) Include Broad Form Property Damage Insurance. Remove
"XCU" Exclusions (Explosion, collapse, underground property
damage). Include damage to underground wiring, conduits,
piping. '
-7-
41
d) Contractual Liability Insurance: As applicable to the
Contractor's obligations under Paragraph 4.18 of "General
Conditions11 . The Contractor shall obtain at his expense
Owner's Protective Liability Insurance Policy naming the"
Owner and the Architect/Engineer as insured with the following
limits:
1. Bodily Injury
$500,000.00 (each person)
$500,000.00 (each occurence)
2. Property Damage
$300,000.00 (each occurrence)
e) Completed Operations: Continue coverage in force for
one year after completion of work.
f) Before commencement of operations hereunder, Con
tractor shall furnish to the Architect, photostatic copies
of the above mentioned insurance policies, together with
a certificate from the insurance carrier that the insurance
will not be cancelled or permitted to lapse until fifteen
(15) days written notice of said impending cancellation
has been given to the Owner.
Builder's Risk Insurance: The Owner shall provide Builder's Risk
Insurance (Fire, extended coverage, vandalism and malicious mischief)
-8-
42
as specified in Paragraph 1.6 of Specifications on a 100% completed value
basis in the names of the Contractor, Subcontractors, Owner and
Architect, as their interests appear.
The Owner will purchase and maintain such Steam Boiler Insurance
as may be required by the Contract Documents or by law. This insurance
shall include the interest of the Owner, the Contractor and Subcontractors
as their interests appear.
The Contractor shall complete the several portions and the whole
of the work called for under this Agreement and shall deliver said
improvements and premises, upon completion, to the Owner, free
and clear of all liens and claims for labor furnished or materials
used and other indebtedness whatsover.
8. For purposes of complying with the State of Texas Sales Tax,
the following is a division between labor and materials.
; $ 23,150.00
Materials 43,040.00
Total $ 66,190.00
Contractor hereby assigns to Owner any and all claims for overcharges
associated with this contract which arise under the antitrust laws of the
United States, 15U.S.C.A. Sec. 1 et seq. (1973).
-9-
43
IN WITNESS WHEREOF, the parties of these presents have ex
ecuted this Contract in four (4) counterparts, each of which shall be deemed
an original in the year and day first above mentioned.
SEAL BOARD OF REGENTS
STEPHEN F. AUSTIN STATE UNIVERSITY
Z-0
man
SEAL
JONGEWARD AND MEFFORD CONSTRUCTION, INC dba
J & M CONSTRUCTION COMPANY * '
P.O. BOX 1411 ~~
NACOGDOCHES, TEXAS, 75961
Address
READ AND EXAMINED
By
I, r — 7T*T '^-L-
7 Secretary
fBoard of Regents, Stephen F. Austin State University
(1) Corporation name of Owner
(2) Title of authorized official
(3) Strike out inapplicable terms. Secretary of the Owner should
attest. If Contractor is corporation, Secretary should attest.
Give proper title of each person executing Contract.
PAYMENT BOND 44
(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. NACO3DCCKES
KNCV/ALL MEN BY THESE PRESENTS:. That we
andUtUoKd C^txanxion, Inc., dba j';i_U_cOnAtM«*,i»* t0
a (2) Cox.poKazx.on
oi-~,Nac.aadac.kt,A TrriA hereinafter called. Principal and
UnUid StattA fldility
(3) Md Quajumttt of ■ B*U4*.oJte .
State °£- MaAUliHd >'.. hereinafter called the Surety,
are held and firmly bound unto (4), ECA11D OF REGENTS.
STEPHEN F. AUSTIN_STATE UNIVERSITY •
hereinafter called Owner, unto all persons, firms, and corpora
tions who may furnish materials for, or perform labor upon the
building or improvements hereinafter referred to in the penal sum
of Sixtjf'Ux ih<nu&nd ont hundAtd ninety and no/10Q
— ; : : DOLLARS ($_££_, HP, gfl )
in lawful money of the United States, to be paid in (5).
NACOGDOCHESJCO^ 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
UNIVERSITY __, th; owner,
.45
dated the j&rf day of• UnuaJty A> D_ ^ 1<)gt
a copy of which is hereto attached and made a part hereof for the
construction of: TottttAtf labai.a.to.'iy
such that i£NthWpTHEIlETauE' tHe C°nditiOn °f 'his "Motion is such that, i£ the Principal shall promptly make payment to all
^ «u Statute^ of
as amended by. House Bill \
it shaU e a < , wgrl ShaU be it shall remain in full force and effect.
tection of .,7hjS-b°nd 1S made and entered into solely for the pro-
PROVIDED FURTHER, that if any lefal action be
Specifications Contract or to the work or to the
between the ^R0VIDE? FURTHER, that no final settlement
46
IN WITNESS WHEREOF, this instrument is executed in six-counterparts,
each one of which shall be deemed an original, this the
ATTEST:
SEAL
du
Witne ss as to Principal
of A. D.,
Jongewtftd and Me^ctd ConAtiuztlon,
Inc. , dha J k M CantJUuvUon Co.
by
Principal
ddress
ATTEST:
H4G
(Surety) Secretary
BY:
Witness/as to Surety
212 Q/LtinwQod. NcLCogdocktA, Tex,
Address
Surety
Attornek-in-Fact
NOTE: Date of Bond must not be prior to date of Contract.
(1) Correct name of Contractor
(2) A Corporation, A Partnership or an Individual,
as case may be.
(3) Correct name of Surety
(4) Correct name of Owner
(5) County or Parish and State
(6) Owner
(7) If Contractor is Partnership, all partners should
execute bond.
47
PERFORMANCE BOND
(To be used in Texas as required by Chapter 93 of
the Regular S.ession of the 56th Legislature of Texas)
THE STATE OF TEXAS
COUNTY OF_ NACOGDOCHES
KNOW ALL MEN BY THESE PRESENTS: That we (j)
- Hn i> <\ nrtn■• hi» * ■ T,• v.-, i hereinafter called
Principal and W MUuUi&^tUtUiu i <ju«j,«.ty__ of
-State of -Mfl<tfffff(t(f
hereinafter called the Surety, are held and firmly bound into (4)
.5gARDjOF.RECENTS^_STEPHEN F. AUSTIN STATE -UNIVRRSTTY
hereinafter called Owner, in the penal sum of
DOLLARS ($ $6,190 00 ^ • i r ,
w ' ITV*UU ) , in lawful money of the United
States, to be paid in (5) Nacogdoches County, Texas
for the payment of which sur, 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)
BO^JJFJ^GM^^
the Owner, dated the lUrf___day of Jaima,ty , A.
. a copy of which is attached hereto and made a part hereof
for the construction of:;
48
Labak&toAtt Rinova.&Lon
(Herein called the "Work").
NOW, THEREFORE, if the Principal shall well, truly and
faithfully perform the work in accordance with the Plans, Specifications
and Contract Documents during the original term thereof, and any ex
tensions thereof which may be granted by the Owner, with or without
notice to the Surety, and, if he shall satisfy all claims and demands
incurred under such Contract, and shall fully indemnify and save
harmless the Owner from all costs and damages which it may suffer by
reason of failure to do so, and shall reimburse and repay the Owner
all outlay and expense which the Owner may incur in making good any
default, then this obligation shall be void; otherwise to remain in full
force and effect.
NOW, THEREFORE, if the Principal shall repair any and
all defects in said work occasioned by and resulting from defects in
materials furnished by, or workmanship of the Principal in performing
the work covered by said Contract, occurring within a period of two
(2) years from the date of the Contract Completion Certificate, then
this obligation shall be null and void, otherwise to remain in full
force and effect.
PROVIDED FURTHER, That if any legal action be filed upon
this bond venue shall lie in Nacogdoches
County, State of Texas and that the said Surety, for value received
hereby stipulates and agrees that no change, extension of time,
alteration or addition to the terms of the Contract or to the work to
be performed thereunder or the Specifications accompanying the same
shall in any wise affect its obligation of this bond, and it does hereby
waive notice of any such change, extension of time, alteration or addi
tion to the terms of the Contract or to the work or to the Specifications.
PROVIDED, HOWEVER, That this bond is executed pursuant
to the provisions of Article 5160 of the Revised Civil Statutes of Texas
as amended by Acts of the 56th Legislature, 1959, and all liabilities
on this bond shall be determined in accordance with the provisions of
said Article to the same extent as if it were copied at length.
-3- 49
IN WITNESS WHEREOF, this instrument is executed in six
counterparts, each one of which shall be deemed an original, this the
Jff.hua.Ati _, A.D. ,
ATTEST: Jongtwaxd and Mt&$oAd Con&ttoittlo*f Inc
dO J i iV ContiWaaHon Company
(Principal)
SEAL
Wittiest as to Principal
Vttnto 7 Bo* 1046
Add, TcXfl.fi
ATTEST:
SXatu JJLdttJUit *
Surety
BY:
Witness a/to Surety
7x,
Address
NOTE: Date of Bond must not be prior to date of Contract.
(1) Correct name of Contractor
(2) A Corporation, A Partnership or an Individual,
as case may be.
(3) Correct name of Surety
(4) Correct name of Owner
(5) County or Parish and State
(6) Owner
(7) If Contractor is Partnership, all partners should
execute bond.
50
82-51
to the Forestry Lab Building.
Project Budget
Construction $ 66,190
Administration 2 000
Total $ 68,'l90
82-52
Upon motion of Regent Jackson, seconded by Regent Garner with all members
voting aye, it was ordered that the contract for $442 049 00 with T?
bvans Company for repairs in Residence Halls 8 11 12 13 16
approved and the Chairman of the Board be authorized to sign the
Source of Funds: Unexpended Auxiliary Enterprise Plant Funds
51
AGREEMENT BETWEEN OWNER AND CONTRACTOR
THE STATE OF TEXAS
KNOW ALL MEN BY THESE PRESENTS
COUNTY OF NACOGDOCHES
AGREEMENT
Made as of the Twenty Third day of January in the year of Nineteen Hundred and
Eighty Two
BETWEEN THE OWNER: STEPHEN F. AUSTIN STATE UNIVERSITY,
NACOGDOCHES, TEXAS 75962, acting herein
through its Chairman
AND THE CONTRACTOR: T. G . EVANS COMPANY
P.O. BOX 763
NACOGDOCHES, TEXAS 75961
THE PROJECT: DORMITORY REPAIRS 1981
STEPHEN F . AUSTIN STATE UNIVERSITY
NACOGDOCHES, TEXAS
THE ARCHITECT: KENT-MARSELLOS-SCOTT ,
ARCHITECTS-ENGINEERS
P.O. BOX 2309
LUFKIN, TEXAS 75901
The Owner and the Contractor agree as set forth below:
52
ARTICLE 1
THE CONTRACT DOCUMENTS
The Contract Documents consist of this Agreement, the Conditions of the Contract
(General, Supplementary and other Conditions), the Drawings, the Specifications,
all Addenda issued prior to and all Modifications issued after execution of this
Agreement. These form the Contract, and all are as fully a part of the Contract
as if attached to this Agreement or repeated herein. An enumeration of the
Contract Documents appears in Article 7.
ARTICLE 2
THE WORK
The Contractor shall perform all the Work required by the Contract Documents
for DORMITORY REPAIRS 1981
STEPHEN F . AUSTIN STATE UNIVERSITY
NACOGDOCHES, TEXAS
ARTICLE 3
TIME OF COMMENCEMENT AND SUBSTANTIAL COMPLETION
The Work to be performed under this Contract shall be commenced on or before
a date to be specified in a written "Notice to Proceed" by the Owner and,
subject to authorized adjustments, Substantial Completion shall be achieved not
later than 180 calendar days thereafter .
-2-
53
The Contractor further agrees to pay as liquidated damages the sum of
ONE HUNDRED DOLLARS AND NO/100 ($100.00) per day for each consecutive
calendar day thereafter the work remains unfinished as specified in Paragraph
1.41 of "Supplementary Conditions" and in "Proposal".
ARTICLE 4
CONTRACT SUM
The Owner shall pay the Contractor in 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 FOUR HUNDRED FORTY TWO
THOUSAND AND FORTY NINE DOLLARS AND NO/100 ($442,049.00)
out of Auxiliary enterprise surplus funds available to the Owner for expenditure
for the use and benefit of Stephen F. Austin State University.
The Contract Sum is determined as follows:
BASE BID $398,195.00
Alternate #1 43,854.00
Contract Price $ 442,049.00
-3-
54
ARTICLE 5
PROGRESS PAYMENTS
Based upon Applications for Payment submitted to the Architect by the Contractor
and Certificates for Payment issued by the Architect, the Owner shall make
progress payments on account of the Contract Sum to the Contractor as pro
vided in the Contract Documents for the period ending the last day of the
month as follows:
Not later than Thirty days following the end of the period covered by the
Application for Payment Ninety Five percent (95%) of the portion of the Contract
Sum properly allocable to materials and equipment suitably stored at the
site or at some other location agreed upon in writing, for the period covered
by the Application for Payment, less the aggregate of previous payments
made by the Owner; and upon Substantial Completion of the entire Work, a
sum sufficient to increase the total payments to Ninety Five percent (95%) of the
Contract Sum, less such amounts as the Architect shall determine for all
incomplete Work and unsettled claims as provided in the Contract Documents.
ARTICLE 6
FINAL PAYMENT
Final payment, constituting the entire unpaid balance of the Contract Sum,
shall be paid by the Owner to the Contractor thirty days after the Work has
been completed, the Contract fully performed, and a final Certificate for
Payment has been issued by the Architect.
-4-
55
ARTICLE 7
MISCELLANEOUS PROVISIONS
7.1 Terms used in this Agreement which are defined in the Conditions of the
Contract shall have the meanings designated in those conditions.
7.2 The Contract Documents, which constitute the entire agreement between
the Owner and the Contractor, are listed in Article 1 and, except for
Modifications issued after execution of this Agreement, are enumerated
as follows:
Drawings and Specifications entitled "DORMITORY REPAIRS 1981,
STEPHEN F. AUSTIN STATE UNIVERSITY, NACOGDOCHES, TEXAS11
Sheet and Section numbers as listed in Paragraph 1.1 of "Supplementary
Conditions" and the following:
Page 1 and
1. Addendum No. 1, dated December 7, 1981, Detail Sheet 15B/5-1
Addendum No. 2, dated December 14, 1981, Pages 1-6 & Detail Sheets 9-5/800,
SM-1
Copies of which are attached hereto are a part of this contract.
2. This contract is to cover the General Contract work, Plumbing,
Mechanical and Electric work, complete.
3. The said Drawings and each of all said Specifications and "General
Conditions" are made part of this Agreement for all intents and
purposes, provided that if anything in the said "General Conditions"
of the Contract is in conflict with this Agreement, this Agreement
shall control and govern.
-5-
56
4. The work called for and included in this Agreement is to be done
under the direction of the Architect above named and his determination
of the true meaning and proper construction of the Drawings and
Specifications shall be considered as final.
5. The Contractor shall pay premium for and furnish Performance
Bond and Payment Bond in amount of 100% of Contract Price;
on form to be furnished by Architect, with sureties acceptable
to the Owner, conditioned:
1.) That Contractor shall faithfully perform his Contract and
fully indemnify and save Owner harmless from all costs
and damages which may be suffered by reason of failure
to do so, and fully reimburse and repay Owner all outlay
and expense which Owner may incur in making good any
default.
2.) That Contractor shall pay all persons who have con
tracts directly with Contractor for labor and materials
save which persons shall have a direct action against
Contractor and the surety on his bond, subject to
Owner's priority.
Surety Companies shall be on approved list of U. S. Treasury
Department of "Companies holding Certificates of Authority from
the Secretary of the Treasury under the Act of Congress Approved
July 30, 1957, as Acceptable Sureties on Federal Bonds" and within
-6-
57
the Underwriting limitations listed therein for any single risk.
Bond shall comply with requirements of all state laws; including
those of Article 5160 Revised Civil Statutes of Texas, 1925, as
amended by House Bill 344, Acts 56th legislature, Regular Session,
1959, effective April 27, 1959.
6. The Contractor shall effect, pay for and maintain during the
life of this Contract insurance acceptable to the Owner, conforming
to the following schedule:
a) Compensation and Employer's Liability Insurance:
As required by the laws of the State of Texas; Employer's
Liability Insurance, $500,000.00.
k) Comprehensive General Liability Insurance and Automobile
Liability Insurance: In an amount not less than $500,000.00
for injuries, including personal injury or accidental death
to any one person, and in an amount not less than
$500,000.00 on account of one occurrence; Property Damage
Insurance in an amount not less than $300,000. 00 .
c) Include Broad Form Property Damage Insurance. Remove
"XCU" Exclusions (Explosion, collapse, underground property
damage). Include damage to underground wiring, conduits,
piping.
58
d) Contractual Liability Insurance: As applicable to the
Contractor's obligations under Paragraph 4.18 of "General
Conditions" . The Contractor shall obtain at his expense
Owner's Protective Liability Insurance Policy naming the
Owner and the Architect/Engineer as insured with the following
limits:
1. Bodily Injury
$500,000.00 (each person)
$500,000.00 (each occurence)
2. Property Damage
$300,000.00 (each occurrence)
e) Completed Operations: Continue coverage in force for
one year after completion of work.
O Before commencement of operations hereunder, Con
tractor shall furnish to the Architect, photostatic copies
of the above mentioned insurance policies, together with
a certificate from the insurance carrier that the insurance
will not be cancelled or permitted to lapse until fifteen
(15) days written notice of said impending cancellation
has been given to the Owner.
7' Builder's Risk Insurance: The Owner shall provide Builder's Risk
Insurance (Fire, extended coverage, vandalism and malicious mischief)
59
as specified in Paragraph 1.6 of Specifications on a 100% completed value
basis in the names of the Contractor, Subcontractors, Owner and
Architect, as their interests appear.
The Owner will purchase and maintain such Steam Boiler Insurance
as may be required by the Contract Documents or by law. This insurance
shall include the interest of the Owner, the Contractor and Subcontractors
as their interests appear.
The Contractor shall complete the several portions and the whole
of the work called for under this Agreement and shall deliver said
improvements and premises, upon completion, to the Owner, free
and clear of all liens and claims for labor furnished or materials
used and other indebtedness whatsover.
8. For purposes of complying with the State of Texas Sales Tax,
the following is a division between labor and materials.
Labor
Materials
o 3 £, &*(■/■ *■■' ''
Total $ 442,049.00
Contractor hereby assigns to Owner any and all claims for overcharges
associated with this contract which arise under the antitrust laws of the
United States, 15U.S.C.A. Sec. 1 et se£. (1973).
-9-
60
IN WITNESS WHEREOF, the parties of these presents have ex
ecuted this Contract in four (4) counterparts, each of which shall be deemed
an original in the year and day first above mentioned.
SEAL
By
BOARD OF REGENTS
STEPHEN F . AUSTIN STATE UNIVERSITY
*tr i*
SEAL
T. G. EVANS COMPANY
P.O. BOX 763
NACOGDOCHES, TEXAS 75961
Address
READ AN
By_
Secretary
Board of Regents, Stephen F. Austin State University
(1) Corporation name of Owner
(2) Title of authorized official
(3) Strike out inapplicable terms . Secretary of the Owner should
attest. If Contractor is corporation, Secretary should attest.
Give proper title of each person executing Contract.
61
PAYMENT 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____NACOGPCCKES
KNOW ALL MEN BY THESE FxlESENTS: That we
UnUtd SlaXu fUtLUu
hereinafter called Principal and
***ffc«*q _ hereinafter called the Surety,
are held and firmly bound unto (4) ICARD OF REGENTSr
STEPHEN F. AUSTIN STATE UNIVERSITY
hereinafter called Owner, unto all persons, firms, and corpora-tions
who may furnish materials for, or perform labor upon the
building or improvements hereinafter referred to in the penal sum
DOLLARS ($ 44j.ant$n \
in lawful money of the United States, to be paid in (5)
NACOGDOCHES COUNTY TEXAS tn >u
; ■ —. ' iJ1AA^..> 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)__BC^RD_OF_REGILNTS> STEPHEN F. AUSTIN STATE
UNIVERSITY T~~T
-— — __ . _, the Owner,
62
dated the
.day of J*HU.aJijj
a copy Of which is
construction of:
A. D., 19||_,
:hedSand ma^e apart hereof for the
in;
that, i/lheVr™°^J *« <°^°n « this oblivion i.
claimants as defined in ArtLfe 516oT " "* Payment <° *"
T«... 1925( as amended by Hot" El,?'?/ ""'Sta*"« <*
^gular Session, ,9S9| effectfve AprT2 iwo W
and materials in the prosecution of th , ' "PP'^g
Contract, then this obligation shal h T Pr°Vided tot ia
« shall remain in fuli fo^ce and Jffect *°* "*"
action of ^ilrtssuppi;i,riarad '
"cution of the work provided for t ■*"? materials '» *e
daimants shall have a dir«t riJh.T f C°ntract' *"<» =U =uc
provide in Article 5160 "evi..S r • ,""°n Under ehe b°"d »•
amended bv House Bill 3«7cts5o;hf'atT' I925> " Session, 1959. ' CCs 56th Legislature, Regular
be
County,
upon ^K^K
State of Texas, and thatTe saW -ur"! -
stipulates and agrees that no T Y>
or addition to the U^^^
formed thereunder or the
shall in any wise affec its SSa«
hereby waive notice of any cha" T
or addition to the terms of thG r \ eXtenS
Specifications. * Contract or.
between the
- beneficial
_nty,
received hereby
time, alteration"
the W°rk tO be P«'-
^ the same
°nd' and ifc does
°f time' alteration
to the work or to the
final
-3- ' 63
IN WITNESS WHEREOF, this instrument is executed in six
counterparts, each one of which shall be deemed an original, this the
ol A. „.,
ATTEST:
T. 0. Evan* dba T. 6* EvanA Company
(Principal) Secretary
Principal
BY
SEAL T. 0.
Witnefs/s as to Principal
7, Sox 1040
Address Nlcogdockg*, TlXtU
ATTEST:
TldUlty $ Oucutanty
Surety
BY:
Attorney-itl-
Witness as/o Surety
l\t QKtLtHtiOQd, Naaogdockt*,
Address ~ T
NOTE: Date of Bond must not be prior to date of Contract.
(1) Correct name of Contractor
(2) A Corporation, A Partnership or an Individual,
as case may be.
(3) Correct name of Surety
(4) Correct name of Owner
(5) County or Parish and State
(6) Owner
(7) If Contractor is Partnership, all partners should
execute bond.
64
PERFORMANCE BOND
(To be used in Texas as required by Chapter 93 of
the Regular Session of the 56th Legislature of Texas)
THE STATE OF
COUNTY OF
TEXAS
NACOGDOCHES
KNOW ALL MEN BY THESE PRESENTS: That we (j)
T. Q. Evcuu db& T. g. Evarti Company
of (2)
hereinafter called
Principal and (3) UnJM ,,,f#< tlAmtt^ tf >^tfff|fy
lUUMOJli _State of U<L\yU*d
of
hereinafter called the Surety, are held and firmly bound into (4)
Bp^RD^FJlEGENTS, STEPHEN F. AUSTIN STATE UNIVERSITY
hereinafter called Owner, in the penal sum of
DOLLARS ($
_), in lawful mcney of the United
Statea, to be paid in (5) NacogdocheiCounty, 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 jiKd dav of j^^
19!!, a copy of which is attached hereto and made a part hereof
for the construction of::
65
(Herein called the "Work").
NOW, THEREFORE, if the Principal shall well, truly and
faithfully perform the work in accordance with the Plans, Specifications
and Contract Documents during the original term thereof, and any ex
tensions thereof which may be granted by the Owner, with or without
notice to the Surety, and, if he shall satisfy all claims and demands
incurred under such Contract, and shall fully indemnify and save
harmless the Owner from all costs and damages which it may suffer by
aTlTti* ^ tO d° S°' ^ Sha11 reimb*rse and repay the Owner
all outlay and expense which the Owner may incur in making good any
force and eeffec^S gatl°n ^ * ^ °therWiSe tO remain in ful1
all defects ■ ^ THE?EF0RE' if the *™** shall repair any and
mLn ! Vn .8ud,Trk OCcasioned W ««i resulting from defects in
the work f fu by' -7 W°rkmanshiP °f the Principal in performing
m vl T u I "^ C°ntraCt' occurri^g within a period of two
i ^ 6^46 °f the C°ntract Completion CertSicate, then
said Article to thl deterfmined in accordance with the provisions of
said Article to the same extent as if it were copied at length.
-3- 66
IN WITNESS WHEREOF, this instrument is executed in six
counterparts, each one of which shall be deemed an original, this the
of
ATTEST:
T. 0. Et/qtt4
Principal
. A.D.,
T. fl. ZvanA Compaq
(Principal) Secretary
SEAL
BY
T* 0. Evaiu
as to Principal
RoiUc 7, to*. 1Q4G
Address
ATTEST:
, Texa-6
UtOttd
Surety
7
(Surety) Secretary
BY:
Attorney
AM14 UU/l>jcd£Pjj0Lv*
-^n-Fact tf <wy VUtU
Witness as^to Surety
ttt 9*&tnwood,
Address
NOTE: Date of Bond must not be prior to date of Contract.
(1) Correct name of Contractor
(2) A Corporation, A Partnership or an Individual
as case may be.
(3) Correct name of Surety
(4) Correct name of Owner
(5) County or Parish and State
(6) Owner
(7) If Contractor is Partnership, all partners should
execute bond.
67
82-53
111*lots on the south
4-
in certain
Col W ^J6"' ventilation ducts, and boiler stacks in
College Cafeteria. Estimated cost: $55,000
Source of Funds: Pledged Property Surplus
82-54
1. Addition of a weight room to the Athletic Field House
2. Renovation of the press box.
« "hi Srrr^ec" tHe A^"^°» >» -t.^^ t. seek Mds
68
in
CONTRACT FOR ARCHITECTURAL SERVICES
CITY OF NACOGDOCHES j
THE STATE OF TEXAS j
COUNTY OF NACOGDOCHES J
THIS AGREEMENT made as of the Nineteenth day of January
the year Nineteen Hundred and Eighty Two One and between the BOARD OF
REGENTS STEPHEN F. AUSTIN STATE UNIVERSITY macqgdqcHES.
TEXAS acting herein by and through its President, hereinafter called the Owner.
andKENT-MARSELLOS-SCOTT, ARCHITECTS-ENGINEERS, Lufkin, Texas
hereinafter called the Architect for the following project:
STADIUM AND FIELD HOUSE ADDITION AND RENOVATION
The Owner and the Architect agree as set forth below.
NOW, THEREFORE, the Owner and the Architect for the considerations
hereinafter set forth agree as follows:
I • The Architect Shall provide professional services for the Project in
accordance with the Terms and Conditions of this Agreement.
II • The Owner shall compensate the Architect in accordance with the
Terms and Conditions of this Agreement as stated in Article 14.
All such payments and every payment herein provided shall be
from Pledged Property Surplus Funds available to the Owner
for expenditure for the use and benefit of Stephen F. Austin State
University.
III. The Architect and the Owner further agree to the following Terms
and Conditions:
69
ARTICLE 1
ARCHITECT'S SERVICES AND RESPONSIBILITIES
BASIC SERVICES
The Architect's Basic Services consist of the five phases described
in Paragraphs 1.1 through 1.5 and include normal structural,
mechanical and electrical engineering services and any other services
included in Article 15 as part of Basic Services.
1.1 SCHEMATIC DESIGN PHASE
1.1.1 The Architect shall review the program furnished by the Owner to
ascertain the requirements of the Project and shall review the under
standing of such requirements with the Owner.
-la-
70
1.1.2 The Architect shall provide a preliminary evaluation of the program
and the Project budget requirements, each in terms of the other,
subject to the limitations set forth in Subparagraph 3.2.1.
1.1.3 The Architect shall review with the Owner alternative approaches to
design and construction of the Project.
1.1.4 Based on the mutually agreed upon program and Project budget re
quirements, the Architect shall prepare, for approval by the Owner,
Schematic Design Documents consisting of drawings and other documents
illustrating the scale and relationship of Project components,
1.1.5 The Architect shall submit to the Owner a Statement of Probable Con
struction Cost based on current area, volume or other unit costs.
1.2 DESIGN DEVELOPMENT PHASE
1.2.1 Based on the approved Schematic Design Documents and any adjust
ments authorized by the Owner in the program or Project budget, the
Architect shall prepare, for approval by the Owner, Design Development
Documents consisting of drawings and other documents to fix and describe
the size and character of the entire Project as to architectural, structural,
mechanical and electrical systems, materials and such other elements
as may be appropriate.
1.2.2 The Architect shall submit to the Owner a further Statement of Probable
Construction Cost.
1.3 CONSTRUCTION DOCUMENTS PHASE
1.3.1 Based on the approved Design Development Documents and any further
adjustments in the scope of quality of the Project or in the Project budget
-2-
71
authorized by the Owner, the Architect shall prepare, for approval by
the Owner. Construction Documents consisting of Drawings and Specifi
cations setting forth in detail the requirements for the construction of
the Project.
1.3.2 The Architect shall assist the Owner in the preparation of the necessary
bidding forms, the Conditions of the Contract, and the form of the Agree
ment between the Owner and the Contractor.
1.3.3 The Architect shall advise the Owner of any adj ustments to previous
Statements of Probable Construction Cost indicated by changes in re
quirements or general market conditions.
1.3.4 The Architect shall assist the Owner in connection with the Owner's
responsibility for filing documents required for the approval of
government authorities having jurisdiction over the Project.
1.4 BIDDING OR NEGOTIATION PHASE
1.4.1 The Architect, following the Owner's approval of the Construction
Documents and of the latest Statement of Probable Construction Cost,
shall assist the Owner in obtaining bids or negotiated proposals, and
assist in awarding and preparing contracts for construction.
1.5 CONSTRUCTION PHASE-ADMINISTRATION OF THE CONSTRUCTION
CONTRACT
1.5.1 The Construction Phase will commence with the award of the Contract
for Construction and, together with the Architect's obligation to provide
Basic Services under this Agreement, will terminate when final payment
to the Contractor is due, or in the absence of a final Certificate for
72
Payment or of such due date, sixty days after the Date of Substantial
Completion of the Work, whichever occurs first.
1.5.2 Unless otherwise provided in this Agreement and incorporated in the
Contract Documents, the Architect shall provide administration of the
Contract for Construction as set forth below and in the edition of AIA
Document A201, General Conditions of the Contract for Construction,
current as of the date of this Agreement.
1.5.3 The Architect shall be a representative of the Owner during the Construc
tion Phase, and shall advise and consult with the Owner. Instructions
to the Contractor shall be forwarded through the Architect. The Architect
shall have authority to act on behalf of the Owner only to the extent pro
vided in the Contract Documents unless otherwise modified by written
instrument in accordance with Subparagraph 1.5.16.
1.5.4 The Architect shall visit the site at intervals appropriate to the stage of
construction or as otherwise agreed by the Architect in writing to become
generally familiar with the progress and quality of the Work and to determine
in general if the Work is proceeding in accordance with the Contract
Documents. However, the Architect shall not be required to make
exhaustive or continuous on-site inspections to check the quality or
quantity of the Work. On the basis of such on-site observations as an
Architect, the Architect shall keep the Owner informed of the progress
and quality of the work, and shall endeavor to guard the Owner against
defects and deficiencies in the Work of the Contractor.
-4-
73
1.5.5 The Architect shall not have control or charge of and shall not be
responsible for construction means, methods, techniques, sequences
or procedures, or for safety precautions and programs in connection
with the Work, for the acts or omissions of the Contractor, Subcon
tractors or any other persons performing any of the Work, or for the
failure of any ol them to carry out the Work in accordance with the
Contract Documents.
1.5.6 The Architect shall at all times have access to the Work wherever it is
in preparation or progress.
1.5.7 The Architect shall determine the amounts owing to the Contractor
based on observations at the site and on evaluations of the Contractor's
Applications for Payment, and shall issue Certificates for Payment in
such amounts, as provided in the Contract Documents.
1.5.8 The issuance of a Certificate for Payment shall constitute a representation
by the Architect to the Owner, based on the Architect's observations at
the site as provided in Subparagraph 1.5.4 and on the data comprising
the Contractor's Application for Payment, that the Work has progressed
to the point indicated; that, to the best of the Architect's knowledge,
information, and belief, the quality of the Work is in accordance with
the Contract Documents (subject to an evaluation of the Work for conformance
with the Contract Documents upon Substantial Completion, to the results
of any subsequent tests required by or performed under the Contract
Documents, to minor deviations from the Contract Documents correctable
74
prior to completion, and to any specific qualifications stated in the
Certificate for Payment); and that the Contractor is entitled to
payment in the amount certified. However, the issuance of a
Certificate for Payment shall not be a representation that the Architect
has made any examination to ascertain how and for what purpose
the Contractor has used the moneys paid on account of the Contract
Sum.
1.5.9 The Architect shall be the interpreter of the requirements of the Contract
Documents and the judge of the performance thereunder by both the
Owner and Contractor. The Architect shall render interpretations
necessary for the proper execution or progress of the Work with reasonable
promptness on written request of either the Owner or the Contractor,
and shall render written decisions, within a reasonable time, on all
claims, disputes and other matters in question between the Owner and
the Contractor relating to the execution or progress of the Work or the
interpretation of the Contract Documents ♦
1.5.10 Interpretations and decisions of the Architect shall be consistent with
the intent of and reasonably inferable from the Contract Documents and
shall be in written or graphic form. In the capacity of interpreter and
judge, the Architect shall endeavor to secure faithful performance by
any interpretation or decision rendered in good faith in such capacity.
1.5.11 The Architect's decisions in matters relating to artistic effect shall be
final if consistent with the intent of the Contract Documents. The
-6-
75
Architect's decisions on any other claims, disputes or other matters, includ
ing those in question between the Owner and the Contractor, shall be
subject to arbitration as provided in this Agreement and in the Contract
Documents.
1 .5.12 The Architect shall have authority to reject Work which does not
conform to the Contract Documents. Whenever, in the Architect's
reasonable opinion, it is necessary or advisable for the implementation
of the intent of the Contract Documents, the Architect will have author
ity to require special inspection or testing of the Work in accordance
4
with the provision of the Contract Document, whether or not such Work
be then fabricated, installed or completed.
1.5.13 The Architect shall review and approve or take other appropriate action
upon the Contractor's submittals such as Shop Drawings, Product Data
and Samples, but only for conformance with the design concept of the
Work and with the information given in the Contract Documents. Such
action shall be taken with reasonable promptness so as to cause no delay.
The Architect's approval of a specific item shall not indicate approval of
an assembly of which the item is a component.
1.5.14 The Architect shall prepare Change Orders for the Owner's approval
and execution in accordance with the Contract Documents, and shall have
authority to order minor changes in the Work not involving an adjustment
in the Contract Sum or an extension of the Contract Time which are not
inconsistent with the intent of the Contract Documents.
-7-
76
1.5.15 The Architect shall conduct inspections to determine the Dates of
Substantial Completion and final completion, shall receive and forward
to the Owner for the Owner's review written warranties and related
documents required by the Contract Documents and assembled by
the Contractor, and shall issue a final Certificate for Payment.
1.5.16 The extent of the duties, responsibilities and limitations of authority
of the Architect as the Owner's representative during construction
shall not be modified or extended without written consent of the
Owner, the Contractor and the Architect.
1.6 PROJECT REPRESENTATION BEYOND BASIC SERVICES
1.6.1 If the Owner and Architect agree that more extensive representation
at the site than is described in Paragraph 1.5 shall be provided, the
Architect shall provide one or more Project Representatives to assist
the Architect in carrying out such responsibilities at the site.
1.6.2 Such Project Representatives shall be selected, employed and directed
by the Architect, and the Architect shall be compensated therefor as
mutually agreed between the Owner and the Architect as set forth in an
exhibit appended to this Agreement, which shall describe the duties,
responsibilities and limitations of authority of such Project Representatives.
1.6.3 Through the observations by such Project Representatives, the Architect
shall endeavor to provide further protection for the Owner against defects
and deficiencies in the Work, but the furnishing of such project representa
tion shall not modify the rights, responsibilities or obligations of the
Architect as described in Paragraph 1.5.
—8 —
77
1.7 ADDITIONAL SERVICES
The following Services are not included in Basic Services unless so
identified in Article 15. They shall be provided if authorized or con
firmed in writing by the Owner, and they shall be paid for by the
Owner as provided in this Agreement, in addition to the compensation
for Basic Services.
1.7.1 Providing analyses of the Owner's needs, and programming the re
quirements of the Project.
1.7.2 Providing financial feasibility or other special studies.
1.7.3 Providing planning surveys, site evaluations, environmental studies
or comparative studies of prospective sites, and preparing special
surveys, studies and submissions required for approvals of govern
mental authorities or others having jurisdiction over the Project.
1.7.4 Providing services relative to future facilties, systems and equipment
which are not intended to be constructed during the Construction Phase.
1-7.5 Providing services to investigate existing conditions or facilities or to
make measured drawings thereof, or to verify the accuracy of drawings
or other information furnished by the Owner.
1.7.6 Preparing documents of alternate, separate or sequential bids or pro
viding extra services in connection with bidding, negotiation or con
struction prior to the completion of the Construction Documents Phase,
when requested by the Owner.
-9-
78
1.7.7 Providing coordination of Work performed by separate contractors
or by the Owner's own forces.
1.7.8 Providing services in connection with the work of a construction
manager or separate consultants retained by the Owner.
1.7.9 Providing Detailed Estimates of Construction Cost, analyses of owning
and operating costs, or detailed quantity surveys or inventories of
material, equipment and labor.
1.7.10 Providing services for planning tenant or rental spaces.
1.7.11 Making revisions in Drawings, Specifications or other documents when
such revisions are inconsistent with written approvals or instructions
previously given, are required by the enactment or revision of codes,
laws or regulations subsequent to the preparation of such documents
or are due to other causes not solely within the control of the Architect.
1.7.12 Preparing Drawings, Specifications and supporting data and providing
other services in connection with Change Orders to the extent that the
adjustment in the Basic Compensation resulting from the adjusted Con
struction Cost is not commensurate with the services required of the
Architect, provided such Change Orders are required by causes not
solely within the control of the Architect.
1.7.13 Making investigations, surveys, valuations, inventories or detailed
appraisals of existing facilities, and services required in connection
with construction performed by the Owner.
-10-
79
1.7.14 Providing consultation concerning replacement of any Work damaged
by fire or other cause during construction, and furnishing services as
may be required in connection with the replacement of such Work.
1.7.15 Providing services made necessary by the default of the Contractor,
or by major defects or deficiencies in the Work of the Contractor, or by
failure of performance of either the Owner or Contractor under the Contract
for Construction.
1.7.16 Providing extensive assistance in the utilization of any equipment or
system such as initial start-up or testing, adjusting and balancing, pre
paration of operation and maintenance manuals, training personnel for
operation and maintenance, and consultation during operation.
1.7.17 Providing services after issuance to the Owner of the final Certificate
for Payment, or in the absence of a final Certificate for Payment, more than
sixty days after the Date of Substantial Completion of the Work.
1.7.18 Preparing to serve or serving as an expert witness in connection with
any public hearing, arbitration proceeding or legal proceeding.
1.7.19 Providing services of consultants for other than the normal architectural,
structural, mechanical and electrical engineering services for the Project.
1.7.20 Providing any other services not otherwise included in this Agreement
or not customarily furnished in accordance with generally accepted archi
tectural practice.
-11-
80
ARTICLE 2
THE OWNER'S RESPONSIBILITIES
2 .1 The Owner shall provide full information regarding requirements for
the Project including a program, which shall set forth the Owner's design
objectives, constraints and criteria, including space requirements and
relationships, flexibility and expandability, special equipment and
systems and site requirements.
2.2 If the Owner provides a budget for the Project it shall include contingen
cies for bidding, changes in the Work during construction, and other
costs which are the responsibility of the Owner, including those des
cribed in this Article 2 and in Subparagraph 3.1.2. The Owner shall,
at the request of the Architect, provide a statement of funds available
for the Project, and their source.
2.3 The Owner shall designate, when necessary, a representative authorized
to act in the Owner's behalf with respect to the Project. The Owner or
such authorized representative shall examine the documents submitted
by the Architect and shall render decisions pertaining thereto promptly,
to avoid unreasonable delay in the progress of the Architect's services.
2.4 The Owner shall furnish a legal description and a certified land survey of
the site, giving, as applicable, grades and lines of streets, alleys,
pavements and adjoining property; rights-of-way, restrictions, easements,
encroachments, zoning, deed restrictions, boundaries and contours of
the site; locations, dimensions and complete data pertaining to
-12-
81
existing buildings, other improvements and trees; and full informa
tion concerning available service and utility lines both public and
private, above and below grade including inverts and depths.
2.5 The Owner shall furnish the services of soil engineers or other con
sultants when such services are deemed necessary by the Architect.
Such services shall include test borings, test pits, soil bearing values,
percolation tests, air and water pollution tests, ground corrosion and
resistivity tests, including necessary operations for determining sub
soil, air and water conditions, with reports and appropriate professional
recommendations.
2.6 The Owner shall furnish structural, mechanical, chemical and other
laboratory tests, inspections and reports as required by law or the
Contract Documents.
2.7 The Owner shall furnish all legal, accounting and insurance counseling
services as may be necessary at any time for the Project, including
such auditing services as the Owner may require to verify the Con
tractor's Applications for Payment or to ascertain how or for what pur
poses the Contractor uses the moneys paid by or on behalf of the Owner.
2.8 The services, information, surveys and reports required by Paragraphs
2.4 through 2.7 inclusive shall be furnished at the Owner's expense, and
the Architect shall be entitled to rely upon the accuracy and completeness
thereof.
-13-
82
2.9 If the Owner observes or otherwise becomes aware of any fault
or defect in the Project or nonconformance with the Contract Documents,
prompt written notice thereof shall be given by the Owner to the
Architect.
2.10 The Owner shall furnish required information and services and shall
render approvals and decisions as expeditiously as necessary for the
orderly progress of the Architect's services and of the Work.
ARTICLE 3
CONSTRUCTION COST
3.1 DEFINITION
3.1.1 The Construction Cost shall be the total cost or estimated cost to the
Owner of all elements of the Project designed or specified by the
Architect.
3.1.2 The Construction Cost shall include at current market rates, including
a reasonable allowance for overhead and profit, the cost of labor and
materials furnished by the Owner and any equipment which has been
designed, specified, selected or specially provided for by the Architect.
3.1.3 Construction Cost does not include the compensation of the Architect
and the Architect's consultants, the cost of the land, rights-of-way,
or other costs which are the responsibility of the Owner as provided in
Article 2.
3.2 RESPONSIBILITY FOR CONSTRUCTION COST
-14-
83
3.2.1 Evaluations of the Owner's Project budget, Satements of Probable
Construction Cost and Detailed Estimates of Construction Cost, if any,
prepared by the Architect, represent the Architect's best judgment
as a design professional familiar with the construction industry. It is
recognized, however, that neither the Architect nor the Owner has
control over the cost of labor, materials or equipment, over the Contractor's
methods of determining bid prices, or over competitive bidding, market
or negotiating conditions. Accordingly, the Architect cannot and does
not warrant or represent that bids or negotiated prices will not vary
from the Project budget proposed, established or approved by the
Owner, if any, or from any Statement or Probable Construction Cost or
other cost estimate or evaluation prepared by the Architect.
3.2.2 No fixed limit of Construction Cost shall be established as a condition
of this Agreement by the furnishing, proposal or establishment of a
Project budget under Subparagraph 1.1.2 or Paragraph 2.2 or otherwise,
unless such fixed limit has been agreed upon in writing and signed by
the parties hereto. If such a fixed limit has been established, the
Architect shall be permitted to include contingencies for design, bidding
and price escalation, to determine what materials, equipment, component
systems and types of construction are to be included in the Contract
Documents, to make reasonable adjustments in the scope of the Project
and to include in the Contract Documents alternate bids to adjust the
Construction Cost to the fixed limit. Any such fixed limit shall be
-15-
84
increased in the amount of any increase in the Contract Sum occurring
after execution of the Contract for Construction,
3-2.3 If the Bidding or Negotiation Phase has not commenced within three
months after the Architect submits the Construction Documents to the
Owner, any Project budget or fixed limit of Construction Cost shall be
adjusted to reflect any change in the general level of prices in the con
struction industry between the date of submission of the Construction
Documents to the Owner and the date on which proposals are sought.
3.2.4 If a Project budget or fixed limit of Construction Cost (adjusted as provided
in Subparagraph 3.2.3) is exceeded by the lowest bona fide bid or
negotiated proposal, the Owner shall (1) give written approval of an
increase in such fixed limit, (2) authorize renegotiating of the Project
within a reasonable time, (3) if the Project is abandoned, terminate in
accordance with Paragraph 10.2, or (4) cooperate in revising the Project
scope and quality as required to reduce the Construction Cost. In the
case of (4), provided a fixed limit of Construction Cost has been es
tablished as a condition of this Agreement, the Architect, without
additional charge, shall modify the Drawings and Specifications as
necessary to comply with the fixed limit. The providing of such service
shall be the limit of the Architect's responsibility arising from the estab
lishment of such fixed limit, and having done so, the Architect shall
be entitled to compensation for all services performed, in accordance
with this Agreement, whether or not the Construction Phase is commenced.
-16-
85
ARTICLE 4
DIRECT PERSONNEL EXPENSE
4.1 Direct Personnel Expense is defined as the direct salaries of all the
Architect's personnel engaged on the Project, and the portion of the cost
of their mandatory and customary contributions and benefits related
thereto, such as employment taxes and other statutory employee
benefits, insurance, sick leave, holidays, vacations, pensions
and similar contributions and benefits.
ARTICLE 5
REIMBURSABLE EXPENSES
5.1 Reimbursable Expenses are in addition to the Compensation for Basic
and Additional Services and include actual expenditures made by the
Architect and the Architect's employees and consultants in the interest
of the Project for the expenses listed in the following Subparagraphs:
5.1.1 Fees paid for securing approval of authorities having jurisdiction over
the Project.
5.1.2 Expense of data processing and photographic production techniques
when used in connection with Additional Services.
5.1.3 Expense of any additional insurance coverage or limits, including
professional liability insurance, requested by the Owner in excess
of that normally carried by the Architect and the Architect's consultants.
-17-
in
86
ARTICLE 6
PAYMENTS TO THE ARCHITECT
6.1 PAYMENTS ON ACCOUNT OF BASIC SERVICES
6.1.1 Payments for Basic Services shall be made monthly and shall be
proportion to services performed within each Phase of Services, on
the basis set forth in Article 14.
6.1.2 If and to the extent that the Contract Time initially established in the
Contract for Construction is exceeded or extended through no fault of the
Architect, compensation for any Basic Services required for such ex
tended period of Administration of the Construction Contract shall be
computed as set forth in Paragraph 14.2 for Additional Services.
6.1.3 When compensation is based on a percentage of Construction Cost. and
any portions of the Project are deleted or otherwise not constructed, com
pensation for such portions of the Project shall be payable to the extent
services are performed on such portions, in accordance with the schedule
set forth in Subparagraph 14.1.2 based on (1) the lowest bona fide bid
or negotiated proposal or, (2) if no such bid or proposal is received,
the most recent Statement of Probable Construction Cost or Detailed
Estimate of Construction Cost for such portions of the Project.
6.2 PAYMENTS ON ACCOUNT OF ADDITIONAL SERVICES
6.2.1 Payments on account of the Architect's Additional Services as defined
in Paragraph 1.7 and for Reimbursable Expenses as defined in Article
5 shall be made monthly upon presentation of the Architect's statement
of services rendered or expenses incurred.
-18-
87
6.3 PAYMENTS WITHHELD
6.3.1 No deductions shall be made from the Architect's compensation on
account of penalty, liquidated damages or other sums withheld from
payments to contractors, or on account of the cost of changes in the Work
other than those for which the Architect is held legally liable.
6.4 PROJECT SUSPENSION OR TERMINATION
6.4.1 If the Project is abandoned in whole or in part, the Architect shall
be compensated for all services performed prior to receipt of written
notice from the Owner of such abandonment, together with Reimbur
sable Expenses then due and all Termination Expenses as defined in
Paragraph 10.4 . II the Project is resumed after being suspended for
more than three months, the Architect's compensation shall be equitably
adjusted.
ARTICLE 7
ARCHITECT'S ACCOUNTING RECORDS
7.1 Records of Reimbursable Expenses and expenses pertaining to Addi
tional Services and services performed on the basis of a Multiple of
Direct Personnel Expense shall be kept on the basis of generally accepted
accounting principles and shall be available to the Owner or the Owner's
authorized representative at mutually convenient times.
ARTICLE 8
OWNERSHIP AND USE OF DOCUMENTS
8.1 Drawings and Specifications as instruments of service are and shall
-19-
88
remain the property of the Architect whether the Project for which they
are made is executed or not. The Owner shall be permitted to retain
copies of Drawings, Specifications for information and reference in
connection with the Owner's use and occupancy of the Project. The
Drawings and Specifications shall not be used by the Owner on other
projects, for additions to this Project, or for completion of this Project
by others provided the Architect is not in default under this Agreement,
except by agreement in writing and with appropriate compensation
to the Architect.
8.2 Submission or distribution to meet official regulatory requirements or
for other purposes in connection with the Project is not to be construed
as publication in derogation of the Architect's rights.
ARTICLE 9
ARBITRATION
9.1 All claims, disputes and other matters in question between the parties
to this Agreement, arising out of or relating to this Agreement or the
breach thereof, shall be decided by arbitration in accordance with the
Construction Industry Arbitration Rules of the American Arbitration
Association then obtaining unless the parties mutually agree otherwise.
No arbitration, arising out of or relating to this Agreement, shall include,
by consolidation, joinder or in any other manner, any additional person
not a party to this Agreement except by written consent containing a
specific reference to this Agreement and signed by the Architect, the
-20-
89
Owner, and any other person sought to be joined. Any consent to
arbitration involving an additional person or persons shall not constitute
consent to arbitration of any dispute not described therein. This
Agreement to arbitrate and any agreement to arbitrate with an addi
tional person or persons dully consented to by the parties to this Agree
ment shall be specifically enforceable under the prevailing arbitration law,
9.2 Notice of the demand for arbitration shall be filed in writing with the
other party to this Agreement and with the American Arbitration Associa
tion. The demand shall be made within a reasonable time after the claim,
dispute or other matter in question has arisen. In no event shall the
demand for arbitration be made after the date when institution of legal
or equitable proceedings based on such claim, dispute or other matter
in question would be barred by the applicable statute of limitations.
9.3 The award rendered by the arbitrators shall be final, and judgment
may be entered upon it in accordance with applicable law in any court
having jurisdiction thereof.
ARTICLE 10
TERMINATION OF AGREEMENT
10.1 This Agreement may be terminated by either party upon seven days1
written notice should the other party fail substantially to perform in
accordance with its terms through no fault of the party initiating the
termination.
-21-
90
10.2 This Agreement may be terminated by the Owner upon at least seven
days1 written notice to the Architect in the event that the Project is
permanently abandoned.
10.3 In the event of termination not the fault of the Architect, the Architect
shall be compensated for all services performed to termination date,
together with Reimbursable Expenses then due and all Termination
Expenses as defined in Paragraph 10.4.
10.4 Termination Expenses include expenses directly attributable to termina
tion for which the Architect is not otherwise compensated, plus an
amount computed as a percentage of the total Basic and Additional Com
pensation earned to the time of termination, as follows:
.1 20 percent if termination occurs during the Schematic
Design Phase; or
.2 10 percent if termination occurs during the Design Develop
ment Phase; or
.3 5 percent if termination occurs during any subsequent phase.
ARTICLE 11
MISCELLANEOUS PROVISIONS
11.1 Unless otherwise specified, this Agreement shall be governed by the law
of the principal place of business of the Architect.
11.2 Terms in this Agreement shall have the same meaning as those in AIA
Document A201, General Conditions of the Contract for Construction,
current as of the date of this Agreement.
-22-
91
11.3 As between the parties to this Agreement: as to all acts or failures
to act by either party to this Agreement, any applicable statute of
limitations shall commence to run and any alleged cause of action shall
be deemed to have accrued in any and all events not later than the
relevant Date of Substantial Completion of the Work, and as to any
acts or failures to act occurring after the relevant Date of Substantial
Completion, not later than the date of issuance of the final Certificate
for Payment.
11.4 The Owner and the Architect waive all rights against each other and
against the contractors, 'consultants, agents and employees of the other
for damages covered by any property insurance during construction
as set forth in the edition of AIA Document A201, General Conditions,
current as of the date of this Agreement. The Owner and the Architect
each shall require appropriate similar waivers from their contractors,
consultants and agents.
ARTICLE 12
SUCCESSORS AND ASSIGNS
12.1 The Owner and the Architect, respectively, bind themselves, their
partners, successors, assigns and legal representatives to the other
party to this Agreement and to the partners, successors, assigns and
legal representatives of such other party with respect to all covenants of
this Agreement. Neither the Owner nor the Architect shall assign, sublet
or transfer any interest in this Agreement without the written consent
of the other.
-23-
92
ARTICLE 13
EXTENT OF AGREEMENT
13.1 This Agreement represents the entire and integrated agreement between
the Owner and the Architect and supersedes all prior negotiations, re
presentations or agreements, either written or oral. This Agreement
may be amended only by written instrument signed by both Owner and
Architect.
ARTICLE 14
BASIS OF COMPENSATION
The Owner shall compensate the Architect for the Scope of Services
provided, in accordance with Article 6, Payments to the Architect,
and the other Terms and Conditions of this Agreement, as follows:
14.1 BASIC COMPENSATION
14.1.1 FOR BASIC SERVICES, as described in Paragraphs 1.1 through 1.5, and
any other services included in Article 15 as part of Basic Services, Basic
Compensation shall be computed as follows:
For work awarded under a single stipulated sum contract:
Ten and .64/100 per cent (10.64%) of Construction Cost.
14.1.2 Where compensation is based on a Stipulated Sum or Percentage of
Construction Cost, payments for Basic Services shall be made as pro
vided in Subparagraph 6.1.2, so that Basic Compensation for each
-24-
93
Phase shall equal the following percentages of the total Basic
Compensation payable:
Schematic Design Phase: percent (15%)
Design Development Phase: percent (35%)
Construction Documents Phase: percent (75%)
Bidding or Negotiation Phase: percent (80%)
Construction Phase: percent (100%)
14.2 COMPENSATION FOR ADDITIONAL SERVICES
14.2.1 FOR ADDITIONAL SERVICES OF THE ARCHITECT, as described in Para
graph 1.7, and any other services included in Article 15 as part of Addi
tional Services, but excluding Additional Services of consultants, Com
pensation shall be computed as follows:
Principals time at the fixed rate of $65.00 per hour. For
the purpose of this agreement the principals are:
Wilbur Kent
Floyd Marsellos
Ray Scott
Employees time (other than principals) at a multiple of 2-1/2
times the employee's Direct Personnel Expense as defined in
Article 4.
14.2.2 FOR ADDITIONAL SERVICES OF CONSULTANTS, including additional
structural, mechanical and electrical engineering services and those
provide under Subparagraph 1.7.21 or identified in Article 15 as part
-25-
94
of Additional Services, a multiple of (1.5) times the amounts billed
to the Architect for such'services.
14.3 FOR REIMBURSABLE EXPENSES, as described in Article 5, and any
other items included in Article 15 as Reimbursable Expenses, a multiple
of (1.0) times the amounts expended by the Architect, the Architect's
employees and consultants in the interest of the Project.
14.4 Payments due the Architect and unpaid under this Agreement shall
bear interest beginning sixty days from the date payment is due at the
rate of 6%.
14.5 The Owner and the Architect agree in accordance with the Terms and
Conditions of this Agreement that:
14.5.1 IF THE SCOPE of the Project or of the Architect's Services is changed
materially, the amounts of compensation shall be equitably adjusted.
ARTICLE 15
STATEMENT OF CERTIFICATION
The Texas Board of Architectural Examiners, 5555 N. Lamar Blvd.,
Bldg. H-117, Austin., Texas 78751, Phone: 512-458-1363, has
jurisdiction over individuals licensed under the Architects
Registration Law, Article 249a, VTCS.
-26-
95
NUMBER OR COUNTERPART COPIES
This Contract is executed in four counterparts.
IN WITNESS WHEREOF the parties hereto have made and executed this
Agreementf the day and year first above written.
BOARD OF REGENTS
STEPHEN F. AUSTIN STATE UNIVERSITY
ATTEST:
Secretary
By V^JP ^C-rf (d^ iJU '
the Board
j
KENT, MARSELLOS AND SCOTT
ARCHITECTS-ENGINEERS
96
82-55
Upon motion of Regent Bowen, seconded by Regent Samuel, with all members
voting aye, it was ordered that the contract for $264,738.00 with
Collier Electric Company, Incorporated, Longview, Texas, for the Life
bafety Improvements in various residence halls be approved, and the
Chairman of the Board be authorized to sign the contract
Source of Funds: Pledged Property Surplus
97
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
aJ?1i DOCUM[N1 HAS IMPORTANT UCAL CONSEQUENCES; CONSULTATION WITH
AN A11ORNLY IS ENCOURAGED WITH RISPECT TO ITS COMPLETION OR MODIFICATION
Use only with the 7976 Edition o/ 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
BETWEEN the Owner: Stephen F. Austin State University
Nacogdoches, Texas
of Nine.een
and the Contractor:
I he Project:
The Architect:
Collier Electric Company, Inc
P. 0. Box 1949
Longview, Texas 75606
Life Safety Improvements to Residence Halls
Stephen F. Austin State University
Nacogdoches, Texas
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.
American of Architects, 1735 New
A101-1977 1
98
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 Agiecment. These form the Contract, and all a*e 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
(Hcie imert the option descriptive of the Work as used on other Contract Documents.)
Life Safety Improvements to Residence Halls for
Stephen F. Austin State University
Nacogdoches, Texas
ARTICLE 3
TIME OF COMMENCEMENT AND SUBSTANTIAL COMPLETION
The Work to be performed under this Contract shall be commenced upon written notice to proceed
and, subject to authorised adjustments, Substantial Completion shall be achieved not later than August 15, 1982,
(He,e insert any special provisions for liquidated damages relating to failure to complete on time.)
Tur .Mtpirm .;,,.,.- \7~^ AGREEMENT • ELEVENTH EDITION • JUNE 1977 • AIA»
THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE.. N.W.. WASHINGTON. D. C 20006 A101-1977 2
99
ARTICLE 4
CONTRACT SUM
The Owner shall pay the Contractor in current funds for the performance of the Work, subject lo additions and
deductions by Change Order as provided in the Contract Documents, the Contract Sum of Two Hundred
Sixty-Four Thousand Seven Hundred Thirty-Eight Dollars and no/100 ($264,738.00)
The Contract Sum is determined as follows:
(Stale hi-ie the hue hid or other lump jum amount, accepted alternates, and unit prices, as applicable.)
Base Bid A Using Simplex Equipment $264,738.00
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-v.
ded in the Contract Documents for the period ending the 30th day of the month as follows:
Not later than thirty jays 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
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!agTo/Ccompt^or/'e'e '"" "* C°n"aC' Document*> >*'« in^ ™y provision for 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 dale 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 paid.
>qu;,emenj5 under the Federal Truth in lending Ad. similar state and local consumer credit laws and other regulations at the Owner's
rmepal places of hvoh™nvc^ u-y-lh /Ao^/ row f,? bbuussiinn^efs.s', tthhee 'loocraattitoonn oo/f tthhee PPrroojjeecctt aanndd eellsseewwhheerree mmaayy aafffieecctt tthhee vvaalliiddiittyy ooff this provision. Specific legal advice should
tn obtained w/lfi respect to deletion. mod,f,cat,on. or other requirements such as written disclosures or waivers.)
^77°^u^Jo?r^ 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
100
been issued by the Archhect
ARTICLE 6
FINAL PAYMENT
^mpleled, the Contract fully performed, and a final Certificate for Payment has
i. showin£
SPECIFICATIONS:
ARTICLE 7
MISCELLANEOUS PROVISIONS
°f lhe Conlfact meanings
agreement between the Owner and the Contractor, are listed
execution of th.s Agreement, are enumerated as follows:
Advertisement for Bids
Instruction to Bidders (AIA Document A701)
Supplementary Instructions to Bidders
Description of Work
Proposal Form
A101)
Payment Bond
General Conditions of the Contract for Construction (AIA A201)
Supplementary General Conditions
Special Conditions of the Contract
Technical Specifications
PLANS:
Electrical Sheets E-l through E-43
ADDENDA:
No. 1
No. 2
This Agreement entered into as of the day and year first written above.
OWNER
_STEPH£N FL AUSTIN STATE UNIVERSITY
CONTRACTOR
COLLIER ELECTRIC COMPAQ, INC.
101
PERFORMANCE BOND
THE STATE OF TEXAS
COUNTY OF NACOGDOCHES
, State of Pennsvlvan-i.
Owner dated the 19th day of January A
attached hereto and made a part hereof
Life Safety Improvements to Residence Halls
Stephen F. Austin State University
Nacogdoches, Texas
herein called the "Work".
T^^c^rtnlewiJrthePl ^ ^ "* ^^ Documents during the original tlr™ rh PJans> Specifications and Contract
which may be granted bv SeL ^ ' and any ext^sions thereof
and, if he shlll satisfy all^ltl'" H 7 ^^ n°tlCe tO the Surety
tract, and shall fully lndemn?}/ demands incurred under such Con-costs
and damages which it ma ^ tf'T* haTmleSS the °^« from all
shall reimburse' anfrpajthe^era'll'o^r011 °5 fa±1Ure tO d° S°« ^
^ay incur in making good any dSiult th ^ ™t ^^^ WMch the Ovmer
otherwise to remain I fuS^S «d Ifflcl °bllgati°n sha11 be void;
NOW, THEREFORE, if
PERFORMANCE BOND
1 of 2
10?
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 19th day of
January, A.D. 1982.
ATTEST:
Collier Electric Co.. Inc.
Principal
BY SecrettrT "
SEAL
Witness/ks to Princi
ATTEST:
Reliance Insurance Company
Surety/
(Surety) Secret
Derrell C. Dodson
*/ffoYney-£?act
ty (
Witness as to Surety
Address
PERFORMANCE BOND
2 of 2
103
PAYMENT BOND
THE STATE OF TEXAS
COUNTY OF NACOGDOCHES
KNOW ALL MEN BY THESE PRESENTS: That we, Collier Electric Company,
Inc., a Corporation of Longview, Gregg County, Texas, hereinafter
called Principal, and Rft11aT1rp inR1irflnr»
of -.Philadelphia , State of Pennsylvania
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 Two Hundred Sixty-Four Thousand Seven Hundred Thirty-Eight and
no/100 DOLLARS ($264,738.00) 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