Minutes of the Board of Regents of Stephen F. Austin State University. 1982, Volume No. 61

              Stephen F. Austin
State University
Minutes of the
Board of Regents
Austin, Texas
October 12,1982
Volume 61
INDEX
Minutes of the Meeting
Stephen F. Austin State University
Board of Regents
Held in Austin, Texas
October ]2, 1982
Page
83- 1 Approval of Minutes 2
83- 2 Election of Secretary to the Board 2
83-3 Faculty tcT Staff Appointments (Summer) 2
83- 4 Changes in Status (Summer) 3
83- 5 Faculty fT Staff Appointments (1982-83) 4
83- 6 Changes in Status (1982-83) 9
83- 7 Resignations n
83- 8 Retirements n
83- 9 Leaves of Absence 12
83-10 Approval of Faculty Workload Report for Fall 1982
Semester 12
83-11 Approval of Endorsement of English as a Second
Language
83-12 Curriculum 14
83-13 Approval of Policy Regarding Students Displaying
Psychological Problems ' 21
83-14 Approval of Revision in Policy on Use of University
Facilities 21
83-15 Approval of FY82 Budget Adjustments 22
83-16 Approval of Allocation for Contract Student Housing
for Fall 1982 23
83-17 Approval of Final Budget Positions of all Accounts
for FY82 23
83-18 Authorization to Purchase a Bus 23
83-19 Approval of Change Order No. 1 - Alumni Building 23
83-20 Approval of Change Order No. 1 - Science/Math
Project ' 23
83-21 Approval of Change Order No. 2 - Science/Math
Project 23
.8.3-22 Ratification of Contract on Weight Room Project 23
83-23 Approval of Weight Room Budget * 42
83-24 Authorization for Engineer to Complete Drawings
and University Obtain Bids on Sanitary Sewage
System Improvements Project - 42
83-25 Approval of Architectural Services Agreement on •
Griffith Fine Arts Renovation Project 42
83-26 Approval of Architectural Services Agreement on
Forestry Lab Addition/Renovation Project 42
83-27 Authorization to Complete Plans and Obtain Bids
on Early Childhood Lab Addition/Renovation
Project 42
83-28 Authorization to Complete Plans and Obtain Bids on
Ferguson Building Addition/Renovation Project 43
83-29 Certification of Funds for Construction Projects 43
83-30 Approval of Establishment of Academic Assistance
Center 44
Page
83-31 Authorization to Obtain Bids for Chiller
for the Clark Apartment 45
83-32 Authorization to Plan Repairs in Certain Residence
Halls 45
83-33 Authorization to Issue Purchase Order for Refrige-
> ration Machine for Chemistry Building 74
83-34 Approval of Change Order No. 3 - Science/Math
Project 74
83-35 Approval of Engineering Services Agreement on
Refrigeration Machine Project for Chemistry
Building-Plant 1 74
83-36 Naming of Regent Wright on Search Committee for
Womenfs Athletic Director 88
MINUTES OF THE MEETING
BOARD OF REGENTS
STEPHEN F, AUSTIN STATE UNIVERSITY
HELD IN AUSTIN, TEXAS
October 12, 1982
The meeting was called to order by Mr. Ted Bowen, Vice Ghairman of the
Board of Regents, at 9:00 a.m. October 12, 1982.
REGENTS -
PRESENT:
ABSENT:
STAFF -
PRESENT:
VISITORS:
Mr. Ted Bowen of Houston
Mrs
Mr.
Mr.
Mr.
Mr.
Mr.
Mrs,
George Cullum, Jr. of Dallas
Homer Bryce of Henderson
Fletcher Garner of Bridge City
Larry Jackson of Piano
Robert E. Samuel, Jr. of Madisonville
Walter Todd of Dallas
Tom Wright of Nacogdoches
Mr. Glenn Justice of Dallas
Dr.
Dr.
Dr.
Mr.
Mr.
William R. Johnson, President of the University
Edwin Gaston, Vice President for Academic Affairs
Baker Pattillo, Vice President for University Affairs
Don L. Henry, Vice President for Administrative and
Fiscal Affairs
Robert Provan, Legal Counsel
Dr. Robert Sidnell, Dean of the School of Fine Arts
Mr. Warren Morey (Morey/Fahler, Inc.)
Mr. Wilbur Kent (Kent-Marsellos-Scott
Mr. Howard C. Parker (Harper Kemp Clutts eT Parker)
Mr. Gray Henry (Omni Plan)
Mr. Pat Spillman (Fisher § Spillman)
Mr. Carlson (Schaumburg tcT Polk)
83-1
Upon motion of Regent Todd, seconded by Regent Cullum, with all members
voting aye, it was ordered that the minutes of July 20, 1982, be approved,
83-2
Upon motion of Repent Todd, seconded by Regent Samuel , with all members
voting aye it was ordered that Mr. Don L. Henry be elected as Secretary
to the Board of Regents.
83-3
Upon motion of Regent Cullum, seconded by Regent Wright, with all members
voting aye, it was ordered that the following summer appointments be
approved.
1. Department of Accounting
Mr Freddy Glenn Dial, Instructor in Accounting, at a salary rate
of SI,433 for 50%'time for Summer II, 1982.
2. Affirmative Action
Dr. Jerry N. Lackey, Validation Coordinator, at a salary rate of
$4,360 for 100% time from July 13 through August 31, 1982.
3. Department of Agriculture
Dr. Roger Dale Perritt, Assistant Professor of Agriculture at a
salary rate of $500 for 15% time from May 31 through July 9, 1982.
4. Department of English and Philosophy
llT- JJr*y Lynn.Harris, Lecturer in English, at a salary rate of
$875 for 50% time for Summer II, 1982.
5. Department of Mathematics and Statistics
Mr. Elton Chaney, Assistant Professor of Mathematics, at a salary
rate of $1,839 for 50% time for Summer II, 1982.
6. Department of Physics
Mr. Michael Frank Hibbs, Laboratory Coordinator in Physics at a
salary rate of $1,988 for 100% time for Summer II, 1982. '
7. Pre-professional Programs
Dr Wayne G. Slagle, Director of Pre-professional Programs, at a
salary rate of $8,274 for 100% time for Summer I and Summer II,
8. Applied Arts and Sciences
The following faculty have been appointed to teach off-campus for
Summer II, at the designated place and for the salary indicated:
Thomas Atchison
Duke Brannen
Julius Burkett
James C. Dennis
Harry Dennis Downing
Ralph Eddins
Patsy Mailman-
William Heeney
"arold Hill
Jerry Irons
Mary Ella Lowe
Milton Payne
Kay Rayborn
John H. Lewis
8.3-4
Upon motion of Regent Wright, seconded by Regent Jackson, with all members
votxng aye, it was ordered that the following changes in status be ^proved.
1. Department of Agriculture
*TWf kJnn« ,ASSiStan" Profe^°r of Agriculture, from 100% time
to be Tl,SOO " mmer H' 1982' T°tal summer s
2. Department of Counseling and Special Educational Programs
Mr. William H. Bryan, Assistant Professor in Counseling and Special
i /\«o . * * Li/iic at a baiary rate ot ij> 1 768 25 to
100-6 time at a salary rate of ,153,536 for Summer I, 1982. ' '
3. Department of English and Philosophy
for Summer* t'^H^o" ^T* Pr°fesSO'r of ^R^K from 100% time
to 100™' T T 50< tune for Summer II at a salary rate of $4,795
to lOO-o time for each summer term at a salary rate of *6 393 for
Summer I and Summer II, 19.82. ' '
4. Department of Mathematics and Statistics
ti"mPJSer Atam' Professor of Mathematics and Statistics, from 50%N
time for each summer term at a salary rate of $4,942 to 100% time
Mr. Harold E. Bunch, Assistant Professor of Mathematics, from 50%
time for Summer II to 50% time for Summer I at a salary rate of
$1,866.
Ms. Jane Fay Ritter, Assistant Professor of Mathematics, from 5.0%
time at a salary rate of $1,646 for Summer I to 100% time at a salary
rate of $3,292 for Summer II, 1982.
5. Department of Political Science and Geography
Dr. Donald Dean Gregory, Assistant Professor of Political Science,
from 100% time for Summer II to 100% time for Summer I at a salary
rate of $3,786.
6. University Library
Ms. Detty Bennett, Librarian III, from 100% time for Summer I to 100%
time for Summer II at a salary rate of $3,405.
Ms.^Mildred Hancock, Librarian II, from 100% time for Summer I to
100% time for Summer II at a salary rate of $2,724.
83-5
Upon motion of Regent Todd, seconded by Regent Cullum, with all members
voting aye, it was ordered that the following individuals be appointed for
the positions, dates, and salaries indicated.
1. Department of Administrative Services
Dr. Gonnie Mayer, Lecturer in Administrative Services, at a salary
rate of $18,375 for 87.5% time for nine months, effective September 1,
Ms. Sarah N. Richardson, Lecturer in Administrative Services, at a
salary rate of $3,000 for 50% time for the Fall Semester 1982, only.
Dr. Nancy J. Wilmeth, Lecturer in Administrative Services, at a
salary rate of $4,884 for 75% time for the Fall Semester 1982, only.
2. Department of Agriculture
Mr. Danny Allen Coffey, 23, B.S.Ag., (Stephen F. Austin State Uni
versity), Manager, Beef Farm, at a salary rate of $14,290 for 100%
time for twelve months, effective September 1, 1982.
3. Department of Art
Ms. Margaret Rosaire Lazzari, 28, M.F.A. (Washington University),
Instructor in Art, at a salary rate of $12,500 for 100% time for the
Fall Semester 1982, only.
4. Department of Chemistry
Dr. Roy Phillip Ash, 39, Ph.D. (University of Washington), Assistant
Professor of Chemistry at a salary rate of 320,000 for 100% time for
nine months, effective September 1, 1982. Dr. Ash was also employed
for the month of August at a salary rate of Si,111 in order to provide
lead time to set up the organic chemistry laboratories in their new
location.
Dr. Richard H. Langley, 34, Ph.D. (University of Nebraska), Assistant
Professor of Chemistry at a salary rate of $20,000 for 100% time for
nine months, effective September 1, 1982.
5. Department of Computer Science
Ms. Occie G. Cluff, 40, M.A. (Columbia University), Lecturer in
Computer Science at a salary rate of $5,600 for 50% time for nine
months, effective September 1, 1982.
6. Criminal Justice Program
Mr. Sammy Leach, Jr., 37, M.A. (Stephen F. Austin State University),
Lecturer in Criminal Justice at a salary rate of $1,500 for 25% time
for the Fall Semester 1982, only.
Mr. John Daniel Norton, Lecturer in Criminal Justice, at a salary rate
of $1,500. for 25% time for the Fall Semester 1982, only.
7. Department of Elementary Education
Ms. Keira Lorenz, 24, M.Ed. (Stephen F. Austin State University),
Lecturer in Elementary Education, at a salary rate of S3,000 for 50%
time for the Fall Semester 1982, only.
Dr. Carolyn S. Voigtel, Lecturer in Elementary Education, at a salary
rate of $3,472 for 50% time for the Fall Semester 1982, only.
8. Early Childhood Laboratory
Ms. Vikki Branch Boatman, 28, M.Ed. (Stephen F. Austin State University),
Lead Kindergarten Teacher in Early ChiWhood Laboratory, at a salary
rate of $16,800 for 100% time for nine months, effective September 1
1982. "l
9. Department of English and Philosophy
Mr. William Dale Hearell, Lecturer in English, at a salary rate of
$3,000 for 50% time for the Fall Semester 1982, only.
Ms. Susan McMath Hardy, Lecturer in English, at a.salary rate of
$6,000 for 100% time for the Fall Semester 1982, only.
Ms. Mary Katherine Taylor, Lecturer in English, at a salary rate of
$4,500 for 75% time for the Fall Semester 1982, only.
10. School of Forestry
Mr. Arthur Andrew Bates, 35, M.S. (Stephen F. Austin State Universi
ty), Instructor of Forestry, at a salary rate of $20,500 for 100%
time for nine months, effective September 1, 1982.
11. Department of Health and Physical Education
Mr. Ronald M. McGaughy, 33, M.S. (University of New Mexico), In
structor in Health and Physical Education for 50% time and Athletic
Coach for 50% time, at a combined salary rate of $18,000 for 100% time,
effective September 1, 1982.
Mr. Charles Simmons, Instructor in Health and Physical Education, at
a salary rate of $9,875 for 100% time for the Fall Semester 1982,
only.
12. Department of History
Ms. Hazel S. Abernethy, 55, M.A. (Stephen F. Austin State University),
Lecturer in History at a salary rate of $1,500 for 25% time for the
Fall Semester 1982, only.
Dr. Robert S. Maxwell, Lecturer in History at a salary rate of $.2,000
for 25% time for the Fall Semester 1982, only.
13. Department of Home Economics
Ms. Mary Kate Weems, Instructor in Home Economics, at a salary rate
of $19,000 for nine months, effective September 1, 1982.
14. Department of Management and Marketing
Mr. Robert S. Anderson, Lecturer in Management and Marketing, at a
salary rate of $3,153 for 50% time for"the Fall Semester 1982, only.
Mr. Johnny T. Long, Lecturer in Management and Marketing, at a
salary rate of $8,000 for 50% time for nine months, effective Septem
ber 1, 1982.
Ms. Linda H. Whiting, 32, M.B.A. (Stephen F. Austin State University)
Lecturer in Management and Marketing at a salary rate of $3,000 for
50% time for the Fall Semester 1982, only.
15. Department of Mathematics and Statistics
Mr. James Kelly Cunningham, 26, M.S. (Stephen F. Austin State Uni
versity), Lecturer in Mathematics at a salary rate of $7,500 for ■
100% time for the Fall Semester 1982, only.
Mr. Arthur Baker Denman, Lecturer in Mathematics at a salary of
$4,500 for 50% time for the Fall Semester 1982, only.
Ms. Julie L. Gaylord, Lecturer in Mathematics at a salary rate of
$5,900 for 80% time for the Fall Semester 1982, only.
Ms. Vicky Gail Lymbery, 33, M.Ed. (Stephen F. Austin State Univer
sity) , Lecturer in Mathematics at a salary rate of '$1,500 for 20%
time for the Fall Semester 1982, only.
Ms. Betty Keyser Manning, Lecturer in Mathematics, at a salary
rate of Si,475 for 20% time for the Fall Semester 1982, only/
Ms. Ellen T. Wood, Lecturer in Mathematics, at a salary rate of
$17,000 for 90% time for nine months, effective September 1, 1982.
16. Department of Music
Mr. Dan Charles Spalding, 30, M.M. (Northwestern University),
Assistant Professor of Music, Associate Conductor of Bands and
Director of the Marching Band, at a salary rate of $22,500 for 100%
time for nine months, effective September 1, 1982.
17. Division of Nursing
Ms. Lauren Lisabeth Helm, 36, M.S.N. (University of Texas Nursing
School), Assistant Professor of Nursing, at a salary rate of $19,600
for 100% time for nine months, effective September 1, 1982.
Ms. Carol Ann Phillips, 38, M.S.N. (University of Texas-Austin), In
structor of Nursing, at a salary rate of $18,000 for 100% time for
nine months, effective September 1, 1982.
18. Department of Physics
Mr. Terry M. Carlton, Lecturer in Physics, at a salary rate of $20,000
for 90% time for nine months, effective September 1, 1982.
Mr. Edward J. Michaels, Jr., 28, M.S. (Stephen F. Austin State Uni
versity), Laboratory Coordinator in Physics, at a salary rate of
$17,000 for 100% time for twelve months, effective September 1, 1982.
19. Department of Political Science and. Geography
Dr. Harry V. Hoechten, Lecturer in Political Science, at a salary rate
of $3,500 for 25% time for nine months, effective September 1, 1982.
Mr. John 0. Stephens, Lecturer in Political Science, at a salary rate
of $5,718 for 25% time for nine months, effective September 1, 1982.
20. Department of Secondary Education
Dr. Bobby D. Browning, Lecturer in Secondary Education, at a salary
rate of Si,500 for 20% time for the Fall Semester 1982, only.
Ms. Sandra Tillman Lowery, Lecturer in Secondary Education, at a
salary rate of $1,736 for 20% time for the Fall Semester 1982, only.
Ms. Sherry L. Rulfs, 33, M.Ed. (Stephen F. Austin State University),
.Assistant Instructor in Secondary Education, at a salary rate of
$16,000 for 100% time for nine months, effective September 1, 1982.
Dr. Dwane Russell, Lecturer in Secondary Education, at a salary rate
of $17,376 for 50% time for nine months, effective September 1, 1982.
21. Social Work Program
Ms. Dina C. Williams, 37, M.S.W. (University of Arkansas at Little
Rock), Instructor in Social Work at a salary rate of $18,000 for
100% time for nine months, effective September 1, 1982.
22. Applied Arts and Sciences
The following faculty have been appointed to teach off-campus courses
for the Fall Semester 1982, at the designated place and for the
salary indicated:
Mary Appleberry Longview* $ 1,336.00
John C. Austin Humble 1^440.*00
B. Duke Brannen Humble l*44o!oo
Carolyn Conn Longview '636^00
Ralph Eddins - Wort ham l,450.#00
David Grigsby Longview '636*. 00
Leon Hallman Coffield 1,016!00
William Heeney Elkhart § Pro. Coord. l\ 112.'00
Harold Hill Longview 1,336 00
Harry Hoechten Coffield 2*516!oo
Jerry Irons Jasper - l'347.'00
Vinay Kothari Longview '636*. 00
. Johnny Long Beto 2,776.'00
Mary Ella Lowe Humble l[44C)!oo
Samir Maamary Humble *74o!oo
Morgan Moses Diboll 1,262!00
Milton Payne Henderson *83o!oo
Douglas Prewitt Jasper/Plumble 2,087! 00
Jesse Richardson Coffield FT Adviser 1,366.'00
Bruce Roach Diboll *562.#00
Jose Rodriguez Longview !
Dwane Russell Longview
Stephen Smith Coffield ,
Kurt Stanberry Coffield '
23. University Affairs
!??; ^JaFitjh, Manager of University post Office, at a salary rate of
$18,748 for twelve months, effective August 1, 1982.
Mr Elton Cox, Vending Routeperson at a salary rate of $11 1?8 for
twelve months, effective August 23, 1982. ' '
83-6
Upon motion of Regent Wright, seconded by Regent Cullum, with all members
voting aye, it was ordered that the following changes in status be approved,
1. Department of Accounting
Dr. Susan Melton Ormsby, Assistant Professor of Accounting, from
a salary rate of $23,60S to $25,260 for 100% time for nine months,
effective September 1, 1982. Dr. Ormsby has completed the Ph.D.
degree and the salary increase is in keeping with original employment
agreement.
2. Department of English and Philosophy
Mr. Cydney Warren Adams, Lecturer in English, from 50% time at a
salary rate of $3,256 to 100% time at a salary rate of $6,512 for the
Fall Semester 1982, only. Mr. Adams will teach a class vacated by a
Graduate Teaching Assistant.
Dr. Diane H. Corbin, Lecturer in English, from 50% time at a salary
rate of $3,472 to 100% time at a salary'rate of $6,944, effective
Fall Semester 1982, only. This change is necessary to cover two
additional sections of freshman English.
Ms. Mary Rose Devine, Lecturer in English, from 50% time at a salary
rate of $3,250 to 75% time at a salary rate of $4,875, effective Fall
Semester, 1982, only. This change is necessary to cover an additional
section of freshman English.
10
Ms. Molly Abel Travis, Lecturer in English, from 50% time at a salary
rate of $3,256 to 100% time at a salary rate of $6,512, effective
Fall Semester 1982, only.. This change is necessary to cover two
sections of freshman English.
Ms. Deborah T. Yarrow, Lecturer in English, from 25% time at a
salary rate of $1,500 to 50% time at a salary rate of $3,000, ef
fective Fall Semester 1982, only. This change is"necessary due to
the resignation of Dr. Yearwood,
3. Department of Political Science and Geography
Dr. Leon C. Mailman, Associate Professor of Geography at a salary
rate of $29,388 for 100% time for nine months to 25%' time as
Director of Continuing Education and 75% time as Associate Professor
of Geography, with no change in salary.
4. Department of Theatre
Dr. Thomas K. Heino, Professor of Theatre and Chairman of the Depart
ment of Theatre from a salary rate of $41,725 for 100% time for
twelve months to a salary rate of $42,275 for 100% time for eleven
months, effective September 1, 1932.
5. University Affairs
Ms. Charlene Cloudy, from Acting Manager of Mail Services at a
salary rate of $11,864 to Assistant Manager of the Post Office at a
salary rate of $10,068, effective August 1, 1982.
Mr. David McWilliams, from Assistant Food Production Supervisor II
at a salary rate of $13,838 to Food Production Supervisor I at a
salary rate of $15,038, effective September 1, 1982.
Dr. Jack Nelson, Director of Auxiliary Services from a salary rate
of $32,610 to. a salary of $36,958, effective September 1, 1982. Dr.
Nelson has assumed responsibility for the housing operation.
Mr. Larry Hall, from Assistant Food Production Supervisor I at a
salary rate of $13,363 to Assistant Food Production Supervisor II at
a salary rate of $13,603, effective September 13, 1982.
Ms. Sadie Allison, Assistant Director of Women's Intercollegiate
Athletics for 25% time at a salary rate of $5,369 to Interim Director
of Women's Intercollegiate Athletics for 25% time at a salary rate
of $6,369, effective October 1, 1982.
6. Fiscal Affairs
Mr. Otto J. Ehrlich from Interim Vice President for Fiscal Affairs at
an annual salary rate of $40,982 to Comptroller at an annual salary
rate of $38,982, effective August 1, 1982.
il
83-7
Upon motion of Regent Jackson, seconded by Regent Wright, with all members
voting aye, it was ordered that the following'resignations be accepted.
1. Department of Biology
Mr. William N. Jackson, Storeroom Supervisor for the Department of
Biology, effective August 31, 1982.
2. Early Childhood Laboratory
Ms. Katherine Rae Wynn, Lead Kindergarten Teacher, effective
August 31, 1982.
3. School of Forestry
Dr. A. Jay Schultz, Associate Professor of Forestry effective
August 31, 1982.
4. University Affairs
Mr. Terry Conyers, Police Officer II, effective June 30, 1982.
Ms. Mary Smith, Police Officer II, effective August 31, 1982.
Mr. David Locke, Assistant Food Production Supervisor II effective
September 10, 1982. *
Ms. Sue Gunter, Director of Women's Athletics, effective September 30,
83-8
Upon motion of Regent Todd, seconded by Regent Jackson, with all members
voting aye, it was ordered that the following retirements be approved.
1. Department of Biology
Dr. Jesse Herndon Burr, Jr., Professor of Biology, effective May 31,
2. Continuing Education
Dr. Dwane Russell, Professor of Secondary Education and Director,
Continuing Education, effective August 31, 1982. Dr. Russell will
continue to teach on a part-time basis in the Department of Secondary
Education. J
12
83-9
Upon motion of Regent Todd, seconded by Regent Cullurn, with all members
voting aye, it was ordered that the following requests for a leave of
absence be approved.
1. Division of Nursing
Mr. IV. James Robertson, Assistant Professor of Nursing, for the
Spring Semester, 1983. Mr. Robertson is pursuing a doctoral degree
at Indiana University.
2. Fiscal Affairs
Mr. Stephen Andrew Andrasi, Plumbing Foreman, effective July 1, 1982.
Mr. Andrasi is seriously ill.
83-10
Upon motion of Regent Bryce, seconded by Regent Jackson, with all members
voting aye, it was ordered that the Faculty Workload Report for the Fall
Semester 1982, be approved as submitted at the Board Meeting.
83-11
Upon motion of Regent Bryce, seconded by Regent Cullum, with all members
voting aye, it was ordered that an endorsement of English as a Second
Language, both at the undergraduate and graduate levels, be approved as
follows:
ESL Endorsement Requirement--
Undergraduate
Methods of Teaching English as a
Second Language (SSL) (3 hours)
Language Acquisition and Develop
ment (Psycholinguistics) (3 hours)
Descriptive/Contrastive Linguistics
(total of 6 hours)
Courses
English 411-Teaching English as
a Foreign Language
English 475-Advanced Independent
Studies in English under specific
topic of Psycholinguistics:
Language Acquisition
English 414-Introduction to Lin-quistics
Independent Language 315-
Special Topics in Foreign Languages
and Cultures: Contrastive Lin
guistics
13
ESL Endorsement Requirement--
Graduate
Methods of Teaching English as a
Second Language (ESL) (3 hours)
Language Acquisition and Development
(Psycholinguistics) (3 hours)
Descriptive/Contrastive Linguistics
(total of 6 hours)
Courses
English 411G-Special Studies in
Language: Teaching English as a
Second Language
or
English 524-(Elementary Education
578. Seminar in Teaching English
as a Second Language may substi
tute for this requirement with
approval of the Certificate
Officer.)
English 524-Special Studies in
Language: Psycholinguistics:
Language Acquisition and Develop
ment
English 414G-Special Studies in
Language: Descriptive Lin
guistics
. or
English 524
Spanish 578-Seminar:
Linguistics
Contrastive
14
83-12
Upon motion of Regent Todd, seconded by Regent Jackson, with all members voting
aye, it was ordered that the following curriculum items, approved by the Uni
versity Undergraduate and Graduate Currivulum Committees, be approved:
UNDERGRADUATE CURRICULUM COMMITTEE
School of Applied Arts and Sciences
A. Additions:
Department and Number
Criminal Justice 413
Criminal Justice 414
Military Science 106
B. Revisions:
Department
and Number
Criminal Justice 460
Military Science 206
Social Work 330
Social Work 335
Title
Legal Research
Appeals and Briefs
Tactical Simulation
Current Title - New
and Credit No.
Internship in Criminal 460
Justice (3)
Leaders and Trends (2) 206
Human Behavior & Social 330
Environment I (3)
Human Behavior & Social 335
Environment II (2)
Hours Credit
3
3
2
New Title
and Credit
(Change in course
description)
Leaders and Trends (3)
Human Behavior & Social
Environment I (2)
Human Behavior & Social
Environment II (3)
School of Business
A. Additions:
Computer Science 221
Economics 301
Management 452
Management 461
Marketing 475
Administrative Services 450
Administrative Services" 468
Introduction to Information
Processing Systems
Economics of the Energy Industry
Managing Multinational Organi-ations
First Level, Supervision
Special Problems in Marketing
Practicum in Executive Com
munication
Oil, Gas and Mineral Law
3
3
3
3
1-3
3
15
B. Revisions:
Department
and Number
Accounting 231
Accounting 232
Accounting 332
Accounting 437
Accounting 451
Accounting 453
Administrative Services
366
Computer Science 485
Management 476
Management 490
Marketing 486
C. Deletions:
Department and Number
Economics 484
Current Title
and Credit
Principles of Account
ing (3)
Principles of Account
ing (3)
Intermediate Account-ing
(3)
Auditing Principles (3)
New
No.
231
232
332
437
Introduction to Oil and 451
Gas Accounting (3)
Accounting and 453
Information Systems (3)
Real Estate Law (3) 366
Internship in 485
Computer Science (1-3)
Internship in Manage- 476
ment (1-3)
Recruiting & Inter- 490
viewing (1)
Internship in Market- 486
ing (1-3)
Title
Economics of the Future
New Title
and Credit
(Change in course
description)
(Change in course
description)
(Change in course
description)
(Change in course
description)
(Change in course
description)
(Change in course
description)
(Change in course
description)
(Change in course
description)
(Change in course
description)
(Change in course
description)
(Change in course
description)
Hours Credit
School of Education
A. Additions:
Agriculture 261
Health Education 116
•Health Education 215
Health Education 337
Health Education 345
Health Education 450
Physical Education 259
Physical Education 451
Special Education 439
Agricultural Economics 3
Basic Open Water Scuba 1
Health Education for Today 3
Health Education for the Sec- 3.
ondary School
Prevention & Control of Diseases 3
Leadership Skills and Tech
niques for Outdoor Education 3
Intermediate Dance Techniques, II 2
Teaching/Directing Techniques
of Drill Team 3
Teaching Children with Behav- 3
ioral Disorders
16
B. Revisions:
Department
and Number
Health Education 121
Physical Education 258
Physical Education 349
Physical Education 449
C, Deletions:
Department and Number
Agriculture 341
Health Education 237
Health Education 245
Health Education 335
Current Title New
and Credit "NoT
Personal & Community 121
Health (3)
Intermediate Dance Tech- 258
niques (2)
Rhythms & Dance in the 349
Elementary School (3)
Development of Dance 449
Program (3)
Title
Agricultural Economics
Health Education for the
Secondary School
Prevention and Control of
Diseases
Health Education for Today
New Title
and Credit
Core Concepts in
Health Education (3)
Intermediate Dance
Techniques, I (2)
Rhythms & Dance for
Children (3)
Methods & Materials
in Rhythms &
Dance (3)
Hours Credit
3
3
3
3
School of Fine Arts
A. Additions:
Department and Number
Art 101
Art 130
Art 211
Art 220
Art 240
Art 250
Art 260
Art 275
Art 411
Art 412
Communication 401
Communication 404
Music 262
Music 474
Title
Drawing II
3D - Design
Painting II
Printmaking I
Art Metal & Jewelry I
Ceramics I
Fiber Arts I
Lettering
Advanced Watercolor
Movie Editing-
Topics in Speech Communication
Fundamentals of Graphics
Introduction to Electronic Music
Studies in Music Literature
Hours Credit
3
3
3
3
3
3
3
3
3
3
3
3
3
17
Current Title
and Credit
Sculpture I (3)
Drawing III (3)
Painting III (3)
Printmaking II (3)
Sculpture II (3)
Art Metal & Jewelry II (3) 440
Ceramics II (3) 450
Fiber Arts (3) 460
Advertising Design II (3) 470
Voice Training for Speak- 231
ing & Reading (3)
Radio-Television Program- 442
ming (3)
University Choir-Just We 133
Girls (1)
Marching Band (1) 136
Special Problems (3) 475
Special Problems (3)
New New Title
No. and Credit
230 (Change in course
description)
400 (Change in course
description)
410 (Change in course
description)
420 (Change in course
description)
430 (Change in course
description)
(Change in course
description)
(Change in course
description)
Fiber Arts II (3)
(Change in course
description)
Voice and
Articulation (3)
(Change in course
description)
Cabaret Players (1)
Marching Band (2)
Special Problems
(1-3)
476 Special Problems
(1-3)
Title
Drawing II
General Handicrafts
Drawing III
Painting II
Painting III -'
Movie Editing
Printmaking I
Sculpture II
Art Metal & Jewelry I
Ceramics I
Lettering
Advertising Design II
Printmaking III
Hours Credit
3
3
3
3
3
3
3
3
3
3
3
3
3
18
School of Liberal Arts
A, Additions:
Department and Number
English 373
English 473
Title
Reasoning and Writing
Advanced Technical Writing
Hours Credit
3
3
B. Revisions:
Department
and Number
Anthropology 480
Independent Language
Arts 316
Psychology 475
Sociology 451
Sociology 466
Current Title
and Credit
New
No7
Indians of the Americas (3) 380
316
475
Social Inequalities (3) 351
Social Planning (3) 466
Independent Language
(3)
Special Problems (3)
New Title
and Credit
(Change in course
description)
Foreign Language
Practicum (3)
Special Problems
(1-4)
Social Class in
America (3)
Principles of
Planning (3)
School of Science and Mathematics
A. Additions:
Department and Number
Biology 239
Mathematics & Statistics 264
Mathematics 303
Title
Human Anatomy & Physiology II
Introductory Topics in Mathematics
& Statistics
Uses of Microcomputers in Math
ematics
Hours Credit
4
3
19
C. Deletions:
Department and Number
Mathematics 204
Title
Uses and Operation of Program
mable Calculators
Hours Credit
GRADUATE CURRICULUM COMMITTEE
Graduate School
A. Additions:
Department and Number
Administrative Services 450G
Art 412G
Art 460G
Art 475G
Elementary Education 493G
Elementary Education 574 .
English/Philosophy 465G
English/Philosophy 473G
HPE 450G
HPE 451G
Management/Marketing 552
Mathematics & Statistics 503
Mathematics & Statistics 549
Music 551
Title Hours Credit
Executive Communications 3
Movie Editing 3
Fiber Arts 3
Architectural Rendering 3
Outdoor Education: Field Activities 3
Teaching Reading With Trade Books 3
Comparative/World Literature 3
Advanced Technical Writing 3
Leadership Skills & Techniques for 3
Outdoor Education
Teaching/Directing Techniques of 3
Drill Team
Seminar in International Management 3
Mathematical Statistics 3
Mathematical Applications Using 3
Microcomputers
Advanced Instrumental Conduction 3
B. Revisions
Department
and Number
Biology 581 A & B
Current Title New
and Credit No.
Problems in Teaching 581
College Biology: -
Internship (3)
New Title
and Credit
(Change in course
description)
20
Communication 342
Psychology 519
Psychology 520
Psychology 575
C. Deletions:
Department and Number
Counseling & Special
Educational Programs 544
Mathematics & Statistics 500
Mathematics & Statistics 565
Music 513
Psychology 521
Radio - TV Programming 442G (Change in course
description)
Practicum in Clinical 519 Psychology Practicum
Psychology (3)
Clinical Internship I 520
(6)
Advanced Graduate Studies 575
(3)
Title
Student Personnel Services
(3)
Advanced Professional
Practicum (6)
Advanced Graduate
Studies (1-4)
Hours Credit
Advanced Topics in Elementary
School
Combinatorial Analysis
Instrumental Pedagogy
Clinical Internship II
3
3
3
1
6
21
8*3-13
Upon notion of Regent Samuel, seconded by Regent Garner, with all members
Student?^ ^ WaS °rdered that the P°licy and ^ocedure Regard nP
Students Displaying Serious Psychological Problems be approved as submitted.
.83-14
> Regent/°d,d' feconded hY Regent Wri*ht. with ^ll members
^.^s ordered that the following revision in the Policy on
follows iJTi, X FaClliUeS b1 ^proved. The portion being revised is as
toiiows, with the revisions underlined:
III. Reservations
1. Application
ThlnT^T/^ ^^ °f UniVer5ity facilities by University agencies
shall be made to the appropriate University official as provided
Facility
Classroom auditorium and office space
University Center
Residence Halls
Library carrels and seminar rooms
University Coliseum and Stadium
Health and Physical Education
Complex and Tennis Courts
Other Outside Recreational Areas
Other Outside Areas of the Campus
b. Application for use of University
be made to the Vice President for
Appropriate University Official
Dean of School having jurisdiction
'over that space
Director, Auxiliary Services
Director, University Housing
Director, Steen Library
Vice President for Administrative
and Fiscal Affairs and the Director
of Athletics
Coordinator of Department of Health
and Physical Education
Director of Intramurals
Dean of Student Development
facilities by outside groups shall
Administrative and Fiscal Affairs.
Additional Procedures
22
3. Identification of Sponsor
The user may not assign or delegate any control or responsibility to
any other user or co-sponsor, agent, or third party without prior .
written approval of the appropriate University official. All users
or co-sponsors of an event must be clearly identified prior to con
firmation of a reservation. Reservations for presenting one event may
not be used for presenting a different event without written approval
by the appropriate University official.
4. Assignment of Reservations
No reservation may be assigned in whole or in part.
83-15
Upon motion of Regent Bryce, seconded by Regent Todd, with all members
voting aye, it was ordered that the following budget adjustments for FY82
be approved:
Account
No. Account Name Purpose Amount
1. 1120
■2. 1101
3. 1401
Soil Testing Lab To transfer funds from
income account to OfTM
to take care of additional
expenses $ 2,000.00
SFA Dairy Farm Due to productivity level,
additional expenses
incurred 4,800.00
Computer Center To acquire a replacement
optical scanner 22,500.00
$29,300.00
Source of Funds: Education and General
4. 5180 Security § Parking Transfer from income account
to 0§M to offset tow charges 1,425.00
$ 1,425.00
Source of Funds: Non-Pledged Property Surplus
5. 5620- University Center To cover repairs not antici- 4,000.00
9300 0§M pated
6. 5725 New Raguet Apts. Replace the water chiller 52,000.00
(south section) which
serves 60 apartments $56,000.00
Source of Funds: Auxiliary Enterprise Surplus
23
83-16
Upon motion of Regent Jackson, seconded by Regent Samuel, with all members
voting aye, it was ordered that an allocation of Si0-0,000 to cover a portion
of the cost of contract student housing for the 1982 Fall Semester be ap
proved. Source of Funds: Pledged Property Surplus
83-17
Upon motion of Regent Samuel, seconded by Regent Jackson, with all members .
voting aye, it was ordered that the final budget positions of all accounts
for FY82, as shown in the August 31, 1982, Monthly Report, be approved.
83-18
Upon motion of Regent Bryce, seconded by Regent Samuel, with all members
voting aye, it was ordered that the University be authorized to purchase
a bus, of highway class, at a cost no greater than $160,000.
83-19
Upon motion of Regent Garner, seconded by Regent Wright, with all members
voting aye, it was ordered that Change Order No. 1 on the Alumni Association
Project, in the amount of $754.00 be approved and the Chairman of the Board
be authorized to sign the Change Order. Source of Funds: Funds supplied
by Alumni Association. (See page 87 for Change Order)
83-20
Upon motion of Regent Wright, seconded by Regent Todd, with all members
voting aye, it was ordered that Change Order No. 1 on the Science/Math
Classroom Building Project, in the amount of $7,500.00, be approved by
the Board. Source of Funds: Ad Valorem Tax Funds. (See page 84 for
Change Order)
83-21
Upon motion of Regent Wright, seconded by Regent Todd, with all members
voting aye, it was ordered that Change Order No. 2 on the Science/Math
Classroom Building Project, in the amount of ,155,750.00, be approved by the
Board. Source of Funds: Ad Valorem Tax Funds. (See page 85 for Change
Order) -
83-22
Upon motion of Regent Cullum, seconded by Regent Samuel, with all members
voting aye, it was ordered that the final contract on the Weight Room
Project be ratified.
24
AGREEMENT BETWEEN OWNER AND CONTRACTOR
THE STATE OF TEXAS
KNOW ALL MEN BY THESE PRESENTS
COUNTY OF NACOGDOCHES
AGREEMENT
Made as of the 26th day of July . 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: FIELD HOUSE ADDITION
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:
25
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 FIELD HOUSE ADDITION
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-
26
The Contractor further agrees to pay as liquidated damages the sum of
TWO HUNDRED DOLLARS AND NO/100 ($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 ONE HUNDRJED NINETEEN
THOUSAND TWO HUNDRED FORTY-FIVE AND NO/100 DOLLARS ($119,245.00)
out of Pledged Property Surplus Funds and other 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 - $119,245,00
-3-
27
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 afterthe Work has
been completed, the Contract fully performed, and a final Certificate for
Payment has been issued by the Architect.
-4-
28
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 "FIELD HOUSE ADDITION,
STEPHEN F. AUSTIN STATE UNIVERSITY, NACOGDOCHES, TEXAS"
Sheet and Section numbers as listed in Paragraph 1.1 of "Supplementary-
Conditions11 and the following:
1. Addendum No. 1, dated April 5, 1982 Page 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-
29
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-
30
the Underwriting limitations listed therein for any single risk.
Bond shall comply with requirements of all state laws; including
those of Article 516G 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
"XCU11 Exclusions (Explosion, collapse, underground property
damage) . Include damage to underground wiring, conduits,
piping.
-7-
31
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)
$500,000.0,0 (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 bk 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-
32
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.
.i
8, For purposes of complying with the State of Texas Sales Tax,
the following is a division between labor and materials.
Labor . '* 7/ 751 c
Materials r/: -yy & 7 cc
Total $ 119,245.00
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 se^.. (1973).
-9-
33
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
Chairma
SEAL
T . G . EVANS COMPANY
P.O. BOX 763
NACOGDOCHES, TEXAS 75961
Address
READ A
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.
34
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 NACOGDOC RES
KNOW ALL MEN BY THESE PRESENTS: That we (j)
T. G. Evans DBA T. G. Evans Company
of (2) Nacogdoches, Texas .
v ' — ; : _j heremaiter called
Principal and (3) United States Fidelity and Guaranty of
Baltimore State of Maryland
hereinafter called the Surety, are held and firmly bound into (4)'
EN F. AUSTIN STATE UNIVERSITY
hereinafter called Owner, in the penal sum of
—Qne_..Hundred Ninj^ejijnToj^sjmdjrwo Hundred Forty-Five and no/100
DOLLARS ($__U9i245100__ ), in lawful mcney 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 26th^_____ day of July , A. D
19_82_, a copy of which is attached hereto.and made a part hereof
for the construction of:: Field House Addition
Stephen F. Austin State University
Nacogdoches, Texas
35
(Herein called the "Work11).
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.
36
-3-
IN WITNESS WHEREOF, this instrument is executed in six
counterparts, each one of which shall be deemed an original, this the
26th day of July , a .D., 19 82
ATTEST:
(Principal) Secretary
SEAL
Witness as to Principal
Address
ATTEST:
(Surety ^Secretary
1\ T A
Witness as to Jurety
Address
Unitecl States Fidelity and Guaranty
Surety ^
it-~ A l /
/ /Attorney-in-Fact Joe Mai 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.
37
CERTIFIED COPY
GENERAL POWER OF ATTORNEY
No .9.179.5
Know all Men by these Presents:
That UNITED STATES FIDELITY AND GUARANTY COMPANY, a corporation organized and existing under the-laws of the
State of Maryland, and having its principal office at the City of Baltimore, in the State of Maryland, does hereby constitute and appoint
of the City of Nacogdoches
its true and lawful attorney in and for the State of Texas
Joe Max Green
, State of Texas
for the following purposes, to wit:
To sign its name as surety to, and to execute, seal and acknowledge any and all bonds, and to respectively do and perform any and
all acts and things set forth in the resolution of the Board of Directors of the said UNITED STATES FIDELITY AND GUARANTY
COMPANY, a certified copy of which is hereto annexed and made a part of this Power of Attorney; and the said UNITED STATES
FIDELITY AND GUARANTY COMPANY, through us, its Board of Directors, hereby ratifies and confirms all and whatsoever the said
Joe Max Green
may lawfully do in the premises by virtue of these presents.
In Witness Whereof, the said UNITED STATES FIDELITY AND GUARANTY COMPANY has caused this instrument to be
sealed with its corporate seal, duly attested by the signatures of its Vice-President and Assistant Secretary, this 26th ^ay of
February , A. D. 19 71
UNITED STATES FIDELITY AND GUARANTY COMPANY.
(Signed)
(Signed)
By Karl § H. Doerre
Vice-President,
H• Ronald Kirkland
Assistant Secretary.
(SEAL)
STATE OF MARYLAND,
BALTIMORE CITY,
On this ^ 26th day of February , A. D. 19 71, before me personally
Karl H. Doerre , Vice-president of the UNITED STATES FIDELITY AND GUARANTY
COMPANY and H. Ronald Kirkland , Assistant Secretary of said Company, with both of
whom I am personally acquainted, who being by me severally duly sworn, said that they resided in the City of Baltimore Maryland-that
they, the said Karl H.. Doerre and H. Ronald Kirkland were'respectively
the Vice-President and the Assistant Secretary of the said UNITED STATES FIDELITY AND GUARANTY COMPANY, the cor
poration described in and which executed the foregoing Power of Attorney; that they each knew the seal of said corporation- that the
seal affixed to said Power of Attorney was such corporate seal, that it was so fixed by order of the Board of Directors of said corpora-tion,
and that they signed their names thereto by like order as Vice-President^and Assistant Secretary, respectively, of the Company.
My commission expires the first day in July, A. D. 19. .74
Herbert J. Aull
Notary Public.
Set.
(SEAL) (Signed)
STATE OF MARYLAND )
BALTIMORE CITY, J
I, Robert H. Bouse. , Clerk of the Superior Court of Baltimore City, which Court is a
Court of Record, and has a seal, do hereby certify that Herbert J . Aull , Esquire, before
whom the annexed affidavits were made, and who has thereto subscribed his name, was at the time of so doing a Notary Public ol the
State of Maryland, in and for the City of Baltimore, duly commissioned and sworn and authorized by law to administer oaths and take
acknowledgments, or proof of deeds to be recorded therein. I further certify that I am acquainted with the handwriting of the said
Notary, and verily believe the signature to be his genuine signature.
In Testimony Whereof, I hereto set my hand and affix the seal of the Superior Court of Baltimore City, the same being a Court
of Record, this 26th day of February , A. D. 19 71
(SEAL) ( Signed) F.9.*? ?.*■*:. .**.« Bouse
Clerk of the Sttrtrior Court of Baltimore City.
38
COPY OF RESOLUTION
That Whereat, it is necessary for the effectual transaction of business that this Company appoint agents and attorneys with power
and authority to act for it and in its name in States other than Maryland, and in the Territories of the United States and in the Provinces
of the Dominion of Canada and in the Colony of Newfoundland.
There/ore, be it Resolved, that this Company do, and it hereby does, authorize and empower its President or either of its Vice-
Presidents in conjunction with its Secretary or one of its Assistant Secretaries, under its corporate seal, to appoint any person or persons
as attorney or attorneys-in-fact. or agent or agents of said Company, in its name and as .it* act, to execute and deliver any and all con-tracts
guaranteeing the fidelity of persons holding positions of public or private trust, guaranteeing the performances of contracts other
than insurance policies and executing or guaranteeing bonds and undertakings, required or permitted in all actions or proceedings, or
by law allowed, and
Also, in its name and as its attorney or attorneys-in-fact, or agent or agents to execute and guarantee the conditions of any and all
bonds, recognizances, obligations, stipulations, undertakings or anything in the nature of either of the same, which are or may by law,
municipal or otherwise, or by any Statute of the United States or of any State or Territory of the United States or of the Provinces of the
Dominion of Canada or of the Colony of Newfoundland, or by the rules, regulations, orders, customs, practice or discretion of any board,
body, organization, office or officer, local, municipal or otherwise, be allowed, required or permitted to be executed, made, taken, given!
tendered, accepted, filed or recorded.for the security or protection of, by or for any person or persons, corporation, body, office, interest,
municipality or other association or organization whatsoever, in any and all capacities whatsover, conditioned for the doing or not doing
of anything or any conditions which may be provided for in any such bond, recognizance, obligation, stipulation, or undertaking, or
anything in the nature of either of the same. •
l> Theodore G. Parks , an Assistant Secretary of the UNITED STATES FIDELITY AND
GUARANTY COMPANY, do hereby certify that the foregoing is a full, true and correct copy of the original power of attorney given
by said Company to '
Joe Max Green
°f Nacogdoches, Texas , authorizing and empowering him to sign bonds as therein set
forth, which power of attorney has never been revoked and is still in full force and effect.
And I do further certify that said Power of Attorney was given in pursuance of a resolution adopted at a regular meeting of the
Board of Directors of said Company, duly called and held at the office of the Company in the City of Baltimore, on the 11th day of
July, 1910, at which meeting a quorum of the Board of Directors was present, and that the foregoing is a true and correct copy of said
resolution, and the whole thereof as recorded in the minutes of said meeting.
In Testimony Whereof, I have hereunto set my hand and the seal of the UNITED STATES FIDELITY AND GUARANTY
COMPANY on 7-26-82
(Date)
Assistant Secretary.
39
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 FRESiNTS: That we
(1) T. G. Evans DBA T. G. Evans Company
a (2) Individual
of____ NacogdOChes^Jexas hereinafter called Principal and
(3) United States Fidelitv_&^uajrantvhf Baltimore, Maryland
State of^JiairyTand^^ cujled
are held and firmly bound unto (4) ZCAAD CF -l.EGENTJ.
jjF-L.AIi^Illi^'JATI, 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 One Hundred Nineteen Thousand Two Hundred Forty-Five and no/100—
_DO.LLArtS ($ 119,245.00_
in lawful money of the 'Jailed States, to be paid in (5)
NA COG DOC H'i;3 COUNTY VFY^ f t,
_ _i^o ^uiniy, xI^aAS^, 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 i« ouch
that \7hereas, -.he Principal entered into a certain contract: with
1_A. UST1N_ S TA T E
_, the Owner", ~~
40
-2-
dated the t.:X>i dav of July f A> D^ ^
a copy of which is hereto attached and made a part hereof for the
construction of: Field House Addition
en F, Austin State University
. 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
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 per
formed thereunder or the Specifications accompanying the same
shall in any wise affect its obligation on this bond, and it does
hereby waive notice of any change, extension of time, alteration
or addition to the terms of the Contract or to the work or to the
Specifications.
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
41
-3-
IN WITNESS WHEREOF, this instrument is executed in six
counterparts, each one of which shall be deemed an original, this the
26th
ATTEST:
day of July , A.D.,
(Principal) Secretary
SEAL
J... ■ ^
Witness as to Principal
Address
ATTEST:
(\Surety) Secretary
Witness as t§ Surety,
Address I]
v r.
United States Fidelity and^§uaranty
Surety/
Attorney-in-Fact jOe Max 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.
42
83-23
Upon motion of Regent Garner, seconded by Regent Bryce, with all members
voting aye, it was ordered that the following budget be approved for the
Weight Room Project:
Building Cost (T. G. Evans Company) $119,245.00
Architect Fees 9,540.00
Contingency 5,000.00
Administrative Cost 2,500.00
Total $136,285.00
Source of Funds: Unexpended Plant Funds
8.3-24
Upon motion of Regent Jackson, seconded by Regent Samuel, with all members
voting aye, it was ordered that the firm of Schaumburg fT Polk, Incorporated
be authorized to complete the working drawings and that the University
take bids for the construction of the Sanitary Sewage System Improvements
Project. Source of Funds: Ad Valorem Tax Funds.
83-25
Upon motion of Regent Wright, seconded by Regent Todd, with all members
voting aye, it was ordered that the firm of Fisher FT Spillman, 3204 Fair-mount,
Dallas, Texas 75201 be selected to design and supervise the reno
vation of the Griffith Fine Arts Building, and that the Chairman of the
Board be authorized to sign the architectural services agreement, contin
gent upon the repeal of Article VII, Section 17 of the Constitution of the
State of Texas. Source of Funds: Ad Valorem Tax Funds.
83-26
Upon motion of Regent Garner, seconded by Regent Bryce, with all members
voting aye, it was ordered that the firm of Kent-Marsellos-Scott, P. 0.
Box 2309, Lufkin, Texas 75901 be selected to design and supervise the
renovation of the Forstry Lab Building and that the Chairman of the Board
be authorized to sign the architectural services agreement, contingent
upon the repeal of Article VII, Section 17 of the Constitution of the
State of Texas. Source of Funds: Ad Valorem Tax Funds.
83-27
Upon motion of Regent Todd, seconded by Regent Jackson, with all members
voting aye, it was ordered that the preliminary plans for addition to the
Early Childhood Laboratory be approved and contingent upon the repeal of
Article VII, Section 17 of the Constitution of the State of Texas, the
architect be authorized to complete the final drawings and specifications.
The Administration is further authorized to obtain bids on the project.
43
83-28
Upon motion of Regent Jackson, seconded by Regent Bryce, with all members
voting aye, it was ordered that the preliminary plans on the Ferguson Building
Addition/Renovation Project be approved and contingent upon the repeal of
Article VII, Section 17 of the Constitution of the'State of Texas, the
architect be authorized to complete the final drawings and specifications.
The Administration is further authorized to obtain bids on the project.
83-29
Upon motion of Regent Wright, seconded by Regent Garner, with all members
voting aye, it was ordered that the Board certify that funds for the Early
Childhood Laboratory Addition, the Ferguson Building Renovation/Addition,
the Forestry Laboratory Renovation, and the Griffith Fine Arts Renovation
will be available from Ad Valorem Tax Funds now on hand and from appropriations
contained in House Bill No. 1 of the 67th Legislature, Second Called Session,
as follows:
Projected Costs
Early Childhood Laboratory Addition
Building Costs $ 1,654,000
Architectural fees 116,000
Contingency 18,000
Administrative 12,000
44
Funds Available
Ad Valorem Tax receipts on hand and uncommitted $ 5,176,102.84
Appropriated by II.B. 1, 67th Legislature,
Second Called Session 8,000,000.00
Total Available $13,176,602.84
Total Available After Funding of Projects
Cited Above " $ 2,976,602.84
83-30
Upon motion of Regent Jackson, seconded by Regent Garner, with all members
voting aye, it was ordered that the establishment of an Academic Assistance
Center in the University Library be approved and that the expenditure of
the funds listed below be approved, contingent upon passage of the Ad
Valorem Tax Amendment in November, 1982. The proposed budget is as follows:
Budget Summary
Equipment , $ 51,264
Renovations 30 000
Total $ 81,264
Budget Details
Equipment
Laminator and dry-mounting press (1) $ 1,473
Microcomputers (4) and printer (1) 8,800
Player recorders (19) 4,750
Printer and developer (1) 798
Tape recorders (reel to reel) (14) 3,000
Tape decks (2) 1,000
Terminal for blind students (with Braille
and speech output capacity) (1) 13,495
Television monitors (25") (4) 2,400
(12") (4) 2,800
Video cassette recorders/players (3) 4,575
Work tables, desks, chairs . 8,173 51,264
Renovations
Construction of carrels and other
study areas (glass enclosed,
sound proofed, etc.) $ 27,060
Electrical work 2,940 30,000
Total - Equipment and Renovations • $ 81 264
45
83-31
Upon motion of Regent Garner, seconded by Regent Jackson, with all members
voting aye, it was ordered that the University Administration be authorized
to obtain bids for a replacement chiller for the Clark Apartments.
Source of Funds: Auxiliary Enterprise Surplus.
83-32
Upon motion of Regent Todd, seconded by Regent Samuel, with all members
voting aye, it was ordered that Kent-Marsellos-Scott, P. 0. Box 2309,
Lufkin, Texas 75901.be employed to plan and supervise repairs to Residence
Halls 9 and 12, which will be undertaken in the summer of 1983, and the
Chairman of the Board be authorized to sign the contract. Source of Funds:
Auxiliary Enterprise Surplus
46
CONTRACT FOR ARCHITECTURAL SERVICES
CITY OF NACOGDOCHES I .
THE STATE OF TEXAS $
COUNTY OF NACOGDOCHES $
THIS AGREEMENT made as of the Twelfth day of October in
the year Nineteen Hundred and Eighty Two and between the BOARD OF
REGENTS STEPHEN F. AUSTIN STATE UNIVERSITY, NACOGDOCHES,
TEXAS acting herein by and through its President, hereinafter called the Owner,
and KENT-MARSELLOS-SCOTT, ARCHITECTS-ENGINEERS, Lufkin, Texas
hereinafter called the Architect for the following project:
RENOVATION DORMITORIES 9 AND 12
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:
*• The Architect Shall provide professional services for the Project in
accordance with the Terms and Conditions of this Agreement.
11 • . 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
and other 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:
47
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.
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48
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
-3-
49
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 adjustments 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
-4-
50
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 ALA
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.
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51
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 of 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
v/ith 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
-6-
52
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 tKe
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
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53
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 Agreementsand 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
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*
-8-
54
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.
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55
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 faculties, 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.
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56
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.
-11-
57
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.
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58
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 Tne 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
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59
existing buildings, other improvements a$d 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.
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60
2.9 If the Owner observes or otherwise becomes aware of any fault
or defect in the Project or nonconform'ance 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
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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 ArchitectVbest 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
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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.
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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.
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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 in
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.
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.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. If 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
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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
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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 duly 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 days'
written notice should the other party fail substantially to perform in
accordance with its terms through no fault of the party initiating the
termination.
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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:
20 percent if termination occurs during the Schematic
Design Phase; or
10 percent if termination occurs during the Design Develop
ment Phase; or
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.
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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.
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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:
Remodeling Nine and 6/10 per cent of the 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
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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 $75.00 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
provided under Subparagraph 1.7.21 or identified in Article 15 as part
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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
o-ther 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.
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NUMBER OR COUNTERPART COPIES
This Contract is executed in four counterparts.
IN WITNESS WHEREOF the parties hereto have made and executed this
Agreement, the day and year first above written.
BOARD OF REGENTS
STEPHEN F . AUSTIN STATE UNIVERSITY
President of the Board
ATTEST:
Secretary
KENT, MARSELLOS AND SCOTT
ARCHITECTS-ENGINEERS
74
83-33
Upon motion of Regent Garner, seconded "by Regent Todd, with Regents Bowen,
Bryce, Jackson, Samuel, Wright voting aye and Regent Cullurn abstaining,
it was ordered that the bid from farrier in the amount of $49,292.00 for -
a refrigeration machine for the Chemistry Building be accepted and the
University Administration be authorized to issue a purchase order. The
order is for the low bid and.the other bid was as follows:
Trane $87,567.00
83-34
Upon motion of Regent Garner, seconded by Regent Samuel, with all members
voting aye, it was ordered that Change Order No. 3 on the Science/Math
Classroom Building Project be approved and the Chairman of the Board be
authorized to sign the Change Order. (See page 86 for Change Order)
83-35
Upon motion of Regent Garner, seconded by Regent Wright, with all members
voting aye, it was ordered that the Agreement with Friberg Alexander
Maloney Gipson Weir, Incorporated, for engineering services on the Refrige
ration Machine Project for the Chemistry Building-Plant 1, be approved and
the Chairman of the Board be authorized to sign the Agreement.
75
AGREEMENT
BETWEEN OWNER
■ AND CONSULTING ENGINEER
FOR
MECHANICAL AND ELECTRICAL
ENGINEERING SERVICES
MADE AND ENTERED INTO by and between Stephen F. Austin State "University,
hereinafter called'"Owner", and Friberg Alexander Maloney Gipson Weir
Inc., hereinafter called the "Engineer".
SECTION 1 - EMPLOYMENT OF ENGINEER
The Owner intends to provide a refrigeration machine for the Chemistry
Building in Plant No. 1 at Stephen F. Austin State University, Nacogdoches,
Texas, hereinafter called the "Project".
In consequence thereof, the Owner agrees to employ the Engineer and the
Engineer agrees to perform professional engineering services in connec
tion with the project as stated in the Section to follow, and for
having, rendered such services, the Owner agrees to pay to the Engineer
compensation as stated in the Section to follow.
SECTION 2 - CHARACTER AND EXTENT OF BASIC SERVICES
The Engineer shall render the following professional Basic Services
necessary for the development of the project:
2.1. PRELIMINARY PHASE
2.1.1 Participate in preliminary conferences with Owner to establish
the scope of the project and the requirements of the systems.
2.1.2 Determine types of systems best suited to meet the OwnerTs requirements.
2.1.3 Prepare preliminary layouts as required to define location and
routing of the facilities.
2.1.4 Prepare design criteria and outline specifications for the
project.
2.1.5 Counsel with the Owner on methods of construction as related to
the project, costs and suitability to the site.
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2.1.6 Prepare preliminary cost estimate for the project. This will be
a budget type estimate based on the Engineer's experience and records as
opposed to an itemized material and labor estimate.
2.2 DESIGN PHASE
2.2.1 Participate in design conferences with the Owner•to plan and
coordinate the project.
2.2.2 Prepare calculations for previously established design requirements.
2.2.3 Make recommendations as -to changes in scope as may be required to
stay within the Owner's budget.
2.2.4 Prepare contract drawings in pencil on tracing paper in suffi
cient detail to,define the construction work.
2.2.5 Prepare technical specifications for the project.
2.2.6 Update construction cost estimate prepared during Preliminary
Phase. This will be a budget type estimate based on the Engineer's
experience and records as opposed to an itemized materials and labor
estimate.
2.2.7 Provide and issue plans and specifications to bidders.
2.2.8 Prepare addenda as may be required during the bidding period and
answer questions raised by bidders in the procurement of bids.
2.3 CONSTRUCTION PHASE (RECOMMENDED BASIC SERVICES)
2.3.1 Assist Owner in analyzing bids and preparing recommendations on
all proposals relating to the project.
2.3.2 Participate in preconstruction conferences arid provide Owner with
consultation and advice.
2.3.3 Review samples, manufacturer's data, schedules, laboratory, shop
and mill tests of material and equipment and other data which the Contractor
is required to submit, solely to determine conformance with design
concept of the project and compliance with information given by the
contract documents. Such review shall not relieve the Contractor from
his responsibility for compliance with the contract documents.
2.3.4 Answer questions regarding the mechanical and electrical plans
and specifications. Preparations of additional plans for purposes other
than clarification is not included in Basic Services. Preparation of
change order documents required during construction is not included in
Basic Services (See Special Services).
2.3.5 Make recommendations regarding proposed changes to work. Detailed
investigative and survey work and/or plans and specifications required .
to implement pricing of proposed changes is considered to be a Special
Service.
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2.3.6 Assist the Owner in reviewing amounts required in partial payment
invoices.
2.3.7 Make periodic site visits to observe the progress and quality of
the executed mechanical and electrical work and to determine in general
if the work is proceeding in accordance with the contract documents. In
performing this service, the Engineer will not be required to make
exhaustive or continuous on-site observations to check the quality or .
quantity of the work or material; he will not be responsible for techniques
and sequence of construction or safety precautions incident thereto, and
he will not be responsible or liable in any degree for the ContractorTs
failure to perform the construction work in accordance with the contract
documents. During visits to the site, and on the basis of the Engineer's
on-site observations as an experienced and qualified design professional
he will keep the Owner informed of the extent of the progress of the
work, and advise the Owner in writing of material and substantial defects
and deficiencies in the work of the Contractor which are discovered by
the Engineer or otherwise brought to the Engineer's attention in the
course of construction.
2.3.8 Make a final observation of the completed construction of the
facilities and a report in writing to the Owner. This specifically
includes one observation of each system shown in the construction drawings
and specifications. Additionally, one review of each system is included
on notification by the Contractor that the defects in the system have
been corrected. Observance or guidance of detailed performance tests is
considered to be a Special Service.
SECTION 3 - SPECIAL SERVICES
3.1 PREDICTABLE SPECIAL SERVICES
In addition to the Preliminary Phase, Design Phase and Construction
Phase Basic Services, there are certain Predictable Special Services
which vary in scope or requirement from one project to the next, but are
usually common to a typical building design project. Following is a
list of such Predictable Special Services.
3.1.1 Technical observation of construction by a full-time resident
project representative, and supporting staff as required.
3.1.2 Preparing record drawings showing changes made during the con
struction process, based on data furnished by the Contractor.
3.1.3 Travel and subsistence by the Engineer outside of Tarrant County,
in connection with this project when authorized by the Owner, other than
to the site.
3.1.4 Special consultants to the Engineer and other disbursements
approved by the Owner.
3.1.5 Field surveys for staking of the line for the Contractor; extensive
value engineering; or life cycle cost studies.
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3.1.6 Providing itemized material and labor detailed cost estimates.
3.1.7 Observing or guiding detailed performance or proof tests of
systems during construction or on completion of the project.
3.1.8 Detailed investigative and survey work required to implement
pricing of proposed changes; preparation of plans and/or specifications
for construction contract change order documents.
3.1.9 Preparation of operating and maintenance manuals or training in
operating and maintenance procedures.
3.2 UNPREDICTABLE SPECIAL SERVICES
This category of Special Services includes items that may well be involved
in any particular building design project, but which are not necessarily
typical. Following is a list of such Unpredictable Special Services:
3.2.1 Changes to drawings and specifications or extra expense incurred
by reason of insolvency of the Contractor; readvertisement for bids, or
changes to drawings and specifications which are made after a general
preliminary plan, concept or scheme has been approved, and which may
become necessary through no fault of the Engineer.
3.2.2 Preparation of duplicate or alternate designs requested by the
Owner for the purpose of obtaining alternate bids.
3.2.3 Redesign required by for reasons beyond the control of the
Engineer.
3.2.4 Evaluation and recommendations on Construction Contractor!s
claims.
3.2.5 Assistance to the Owner as an expert witness in any litigation
arising from the development or construction of the project.
3.2.6 Providing prolonged contract administration and observation of
construction should the construction contract time be exceeded by more
than 25 percent through no fault of the Engineer.
3.2.7 Preparation of documents for prepurchase of equipment, or multiple
construction contracts.
SECTION 4 - EXCLUDED SERVICES
The following are beyond the scope of professional engineering services
and are excluded from this agreement:
4.1.1 Engineer shall not be required to furnish any surveying, legal,
accounting, or insurance counseling service to the Owner.
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SECTION 5 - OWNER'S RESPONSIBILITY
During the Preliminary Phase, the Owner will furnish the Engineer all
needed site information, including boundary surveys, easement, topography,
utilities, and lines and grades of existing streets, pavements and
structures on the site.
At the completion of design, the Owner will designate the contractors to
whom drawings and specifications shall be supplied. The Engineer will
provide required sets of drawings to the Owner and the designated
contractors. During Preliminary and Design Phases the Engineer will
furnish prints to the Owner for coordinating and checking.
Owner will furnish the Engineer necessary information from other con
sultants or information gathered by Owner personnel.
SECTION 6 - THE ENGINEER'S COMPENSATION
For and in consideration of the services to be rendered by the Engineer,
the Owner shall pay, and the Engineer shall receive the compensation
hereinafter set forth, for the Preliminary, Design and Construction
Phases of the Project and for Special Services not included in these
phases.
All remittances by Owner of such compensation shall either be mailed or
delivered to Engineer's office in Tarrant County, Texas.
6.1 BASIC SERVICES CHARGES (SALARY COST TIMES A MULTIPLIER)
Compensation for Basic Services shall be the "Salary Cost11 of each
employee plus overhead and profit of 1.75 times "Salary Cost" for personal
services and shall be at invoice cost plus a fifteen percent service
charge for direct nonlabor expense and subcontract expense. Maximum fee
for basic services shall be THIRTY THOUSAND AND NO/100 DOLLARS ($30,000.00).
Salary cost of Engineer's principals shall be at the rate of $30.91 per
hour. The principals are Emil E. Friberg, Bobby G. Alexander, L. J.
Maloney, D. W. Gipson and Victor A. Weir II.
Monthly payments shall be made to the Engineer in proportion to services
rendered as evidenced by monthly statements submitted by the Engineer to
the Owner.
6.2 SPECIAL SERVICES CHARGES
Except as modified hereinafter, Engineer's charges for all Predictable
and Unpredictable Special Services as previously described shall be the
"Salary Cost" of each employee plus overhead and profit of 1.75 times
"Salary Cost" for personal services and shall be at invoice cost plus a
fifteen percent service charge for direct nonlabor expense and subcontract
expense. Salary cost of Engineer's principals shall be at the rate of
$30.91 per hour.
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Charges for assistance to the Owner as an expert witness in any litigation
arising from the development or construction of the project shall be
$680.00 per diem for each day, or part thereof, in which the Engineer's
presence is required.
Charges for extra travel and subsistence for the Engineer when authorized
by the Owner shall be cost of travel and living expenses plus a fifteen
percent service charge.
Payments to the Engineer for Special Services will be made monthly by
the Owner on presentation of monthly statements by the Engineer for such
services.
6.3 LATE PAYMENT CHARGES
Should the Owner fail to pay the Engineer within thirty days any partial
or final statement, then he shall pay the Engineer, in addition to the
sum due, interest thereon at the rate of 1-1/2 percent per month from
the date due. In event payments are not promptly made, Engineer reserves
the right as provided herein, at any time thereafter to treat the agree
ment as terminated by the Owner and recover compensation as provided by
Section 12.
SECTION 7 - DEFINITION OF TERMS
7.1 CONSTRUCTION COST
Construction cost is defined as the total cost to the Owner for the
execution of the work. Excluded are charges or other cost for engineer
ing and legal services, the cost of land, rights-of-way, legal and
administrative expenses. Included are the direct cost to the Owner of
all construction contracts including a pro rata part of performance
bonds, insurance and other general construction expenses which represent
cost to Owner and value of work, items of construction, including labor,
materials and equipment required for the completed work (including
extras) and the total value at site of project of all labor, materials
and equipment purchased or furnished directly by the Owner.
7.2 SALARY COST
Salary cost is defined as the cost of salaries of principals, engineers,
designers, draftsmen, stenographers, surveymen, clerks, laborers, etc.,
for time directly chargeable to the project, plus social security contri
butions, unemployment, excise and payroll taxes, employment compensation
insurance, retirement benefits, medical and insurance benefits, sick
leave, vacation, and holiday pay applicable thereto.
7.3 SUBCONTRACT EXPENSE
Subcontract expense is that incurred by the Engineer in employment of
consultants in specialized fields and outside firms for services such as
acoustical, etc.
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7.4 DIRECT NONLABOR EXPENSE
Direct nonlabor expense is that incurred by the Engineer for supplies,
printing, transportation, equipment, travel, communications, subsistence
and lodging away from home, and similar incidentals in connection with
this assignment.
SECTION 8 - OWNERSHIP OF DOCUMENTS
Engineer's drawings and specifications, notes, and other data remain his
property as instruments of service. Owner will be furnished and may
retain the tracings in consideration of which it is mutually agreed that
he will use them solely in connection with the work and shall not authorize
their use on other work except by written consent of the Engineer.
Reuse for extensions of the original project or for new projects entitles
the Engineer to further compensation at a rate to be mutually agreed
upon.
SECTION 9 - LIABILITY.LIMITATION
Engineer shall have no liability to Owner or to others for acts or
omissions of the Contractor or any other persons performing work on this
project; for construction means, methods, techniques, sequences, or
procedures; for safety precautions and programs in connection with the
work; for Contractor's failure to carry out the work in accordance with
drawings and specifications; or for any other reason beyond warranty of
the use of reasonable skills in execution of the assignment covered by
this agreement.
This agreement is made for the benefit of the Owner and Engineer only,
and is not intended to benefit any others. Accordingly no third party
shall have any claim against either the Owner or Engineer by virtue of
this agreement.
SECTION 10 - RENEGOTIATION
Should there be a lapse of 12 months or more between completion of any
phase of the work and commencement of the next succeeding phase, this
agreement will be subject to renegotiation in respect to the remaining
work to be completed.
SECTION 11 - DELAYS AND ABANDONMENT
If this project is abandoned or indefinitely^delayed, or if this agreement
is terminated, the Engineer shall be paid for his services to date.
SECTION 12 - BREACH OF CONTRACT
If payment is not made to the Engineer when due according to Section 6
of this agreement and this agreement is placed in the hands of an attorney
for collection of such payment, or if any suit or other judicial proceeding
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is instituted or had for the purpose of such collection or if it is
collected through a probate or bankruptcy proceeding, the Owner shall
pay an additional amount over and above the accrued payment or payments
with interest thereon as currently determined by Fort Worth National
Bank as reasonable attorney's fees.
SECTION 13 - TERMINATION
This agreement may be terminated by either party on seven days written
notice should the other party fail substantially to perform in accordance
with its terms through no fault1 of the other; On termination, the Owner
will owe the Engineer for all compensation earned under this agreement
to the date of termination.
SECTION 14 - ADDRESS OF NOTICES AND COMMUNICATIONS
All notices and communications under this agreement to be mailed or
delivered to the Owner shall be to the following address:
Stephen F. Austin State University
Nacogdoches, Texas 75962
Attention: Vice President for Fiscal Affairs
All notices and communications under this agreement to be mailed to the
Engineer shall be to the following address:
Friberg Alexander Maloney Gipson Weir Inc.
P. 0. Box 2080
Fort Worth, Texas 76113-2080
All notices and communications under this agreement to be delivered to
the Engineer shall be to the following address:
Friberg Alexander Maloney Gipson Weir Inc.
Winfield Place, Third Floor
206 East 8th Street
Fort Worth, Texas 76102
SECTION' 15 - SUCCESSORS AND ASSIGNMENTS ' ■
Owner and Engineer each binds himself and his successors, executors,
administrators and assigns to' the other party of this agreement and to
the successors, executors, administrators and' assigns of such other
party,, in respect to all covenants of this agreement. Except as above,
neither the Owner nor the Engineer shall assign, sublet or transfer his
interest in this agreement without the written consent of the other, and
they further agree that this contract represents the entire agreement
between them and cannot be changed, added to or modified in any way or
manner except by an instrument in writing signed by the Owner and the
Engineer.
-8-
83
EXECUTED IN TWO (2) counterparts (each of which is an original) on
behalf of Engineer and on behalf of Owner.
STEPHEN F. AUSTIN STATE UNIVERSITY FRIBERG ALEXANDER MALONEY GIPSON WEIR INC.
Owner Consulting Engineer
Ted Bowen
Title: Vice Chairmanof the Board of Title:
Regents
Date: October 12, 1982 Date:
President
September 24, 1982
— 9—
84
WIENER HILL MORGAN O'NEAL & SUTTON Architects & Planners
PROJECT: ?NSTRyCTipp4itiPAgi
SCHOOL. OF ^
STEPHEN. .F.,...AUS.T.IN.,STATE..UNIVERSITY...
To: Utley-James, Inc./Bryan Construction Company
YOU ARE HEREBY INSTRUCTED TO MAKE THE FOLLOWING CHANGES IN YOUR CONTRACT
Board of Regents/Stephen F. Austin State University
\FoR the erection of Classroom Building
4100 A
South Medford Drive
Lufkin, Texas
75901
713 632-3353.
WITH
CONTRACTOR:
Owner.
Viz-
' Item #1: Lower a portion of existing 4" chilled water
lines and 3" heating water lines which serve the
gymnasium building so as to pass beneath the new
30 storm drain line. This work shall be performed
on a time and materials basis not to exceed $6,000.
Item #2: Lower approximately 45 lineal feet of existing 8"
sanitary sewer line on North side of manhole at
North wall of gymnasium building so as to pass
beneath the new 30" storm drain line. This work
shall be performed on a time and materials basis
not to exceed $1,500.00
DATE August 17, 1982
no.
Contract No. . _ .
ADD $7,500.00 Maximum
BY
Construction
n
for the above Changes
THEsuMOF$Seven thousand, five hundred
and no/100 ($7,500.00) • dollars
WILL BE Added tO YOUR CONTRACT PRICE.
Very truly,
Form 102
Jerry S. Sutton
Copy for Contractor. Copy for Owner, Copy for Architect.
85
WIENER HILL MORGAN O'NEAL & SUTTON Architects & Planners
PROJECT: ...INSTRUCT^
... SCHOOL... OF. .SCIMCE..&..mTHEJV[A.T.IC.S.
...STEPHEN ..P... AUSTIN . STATE...U.NIVERSIT.Y
4100 A
South Medford Drive
Lufkin, Texas
75901
713 632-3353
TO: Utley-James, Inc./Bryan Construction Company Contractor:
YOU ARE HEREBY INSTRUCTED TO MAKE THE FOLLOWING CHANGES IN YOUR CONTRACT WITH
Board of Regents/Stephen F. Austin State University owner.
Vfor the erection of Classroom Building
Viz:
Revise "staging" areas and add temporary walkways
and steps as indicated on attached drawing #1R of 1R
and dated July 29, 1982. For this work add $5,750.00.
Date August 17, 19 82
Order No. TWO (2)
Contract No. 174
add %5,750.00
Deduct — 0 —
BY
Bpagfljof/RfegfeAt
lfo» Chairman
ts/SFASU
Construction C
for the above change
Five thousand, seven hundred
THE SUM OF $
fifty and no/100^ ($5,750.00)
Added to
Will be
Dollars
Your Contract Price.
Very truly,
Jerry g. Sutton
Form 102 Copy for Contractor. Copy for Owner, Copy for Architect.
86
WIENER HILL ORGAN O'NEAL & SUTTON Architects & Planners
4100 A
South Medford Drive.
Lufkin, Texas
75901
PROJECT: INSTRUCTIONAL .FACILITIES
SCHOOL OF.SCIENCE & MATHEMATICS
STEPHEN..F,... AUSTIN..ST^
713 632-3353
to: Utley James, Inc./Bryan Construction Company
YOU ARE HEREBY INSTRUCTED TO MAKE THE FOLLOWING CHANGES IN YOUR CONTRACT WITH
Contractor:
Board of Regents/Stephen F. Austin State University owner.
\for the erect.on of Classroom Building J
Viz:
Change Order No. 1 dated August 17, 19 82
Maximum Cost of Work
Actual Cost of Work
$7500.00
6013.66
Differ