Minutes of Board of Regents of Stephen F. Austin State University. 1979, Volume No. 47

              MINUTES OF
Board of Regents
of
Stephen F. Austin State University
VOLUME NO. 47
October 27, 1979
INDEX
Minutes of the Meeting
Stephen F. Austin State University
Board of Regents
held in Nacogdoches, Texas
October 27, 1979
VOLUME NO. 47
Page
80- 1 Approval of Minutes of July 21, 1979 With
Correction of Minute Item 79-105
80- 2 Election of Vice Chairperson
80- 3 Adoption of Resolution in Memory of Regent Powers
80- 4 Faculty and Staff Appointments (Summer II)
80- 5 Changes in Status (Summer II)
80- 6 Faculty and Staff Appointments
80- 7 Resignations
80- 8 Changes in Status
80- 9 Request for Leave of Absence
80-10 Retirements
80-11 Award of Tenure
80-12 Approval of Faculty Workload Report for
Fall Semester, 1979
80-13 Approval of Department Name Change
80-14 Approval of Degree Redesignation
80-15 Approval to Establish Regents Professorships
80-16 Approval of Official Program Inventory
80-17 Underenrolled Classes, Fall 1979
80-18 Curriculum
80-19 Approval of Final FY79 Budget Standing
80-20 Approval of FY80 Budget Adjustments
80-21 Transfer of Funds for Student Financial Aid Programs
for FY79
80-22 Approval of Fiscal Regulations
80-23 Authorization to Sell Stocks
80-24 Authorization to Approve Travel
80-25 Rules Governing Investment of Local Funds
80-26 Rule Governing Vacation Leave
80-27 Authorization to Obtain a New Estimate from
Architects and Resubmit to Coordinating Board
the Home Economics South Project 47-25
80-28 Approval of Contract to Renovate Stadium Running
Track 47-25
80-29 Proposal of Alumni Association for Office Facility 47-26
80-30 Approval of Contract with TP§L to Provide Under
ground Electric Services - Student Housing Project 47-26
80-31 Approval of Architectural Services Agreement -
Forestry Facility 47-34
80-32 Approval of Architectural Services Agreement -
Art Studios Facility 47-63
80-33 Approval of Change Order - University Center Expansion/
Remodeling Project 47-92
80-34 Approval of Contract to Reroof Dormitories 10 and 13 47-92
MINUTES OF THE MEETING
BOARD OF REGENTS
STEPHEN F. AUSTIN STATE UNIVERSITY
HELD IN NACOGDOCHES, TEXAS
October 27, 1979
The meeting was called to order by Homer Bryce, Chairman of the Board
of Regents, at 9:00 a.m. October 27, 1979.
PRESENT:
Members: Homer Bryce of Henderson
James I. Perkins of Rusk
Walter C. Todd of Dallas
Mrs. Peggy Wright of Nacogdoches
Joe Bob Golden of Jasper
Robert E. Samuel, Jr. of Madisonville
Glenn Justice of Dallas
Absent: Mrs. George Cullum, Jr. of Dallas
PRESENT:
PRESENT:
C. G. Haas, Secretary to the Board
Dr. William R. Johnson, President of the University
Dr. Billy J. Franklin, Vice President for Academic
Affairs
Dr. Baker Pattillo, Vice President for Student
Affairs
Robert Provan, Legal Counsel
Anna Martinez - KTRE-TV
Dana Sneed - President of SFASU Student Government
Susan Williamson - Member SFASU Pine Log
Pamela Varley - Member SFASU Pine Log
80-1
Upon motion of Regent Todd, seconded by Regent Perkins, with all members
voting aye, it was ordered that the minutes of the meeting of July 21, 1979
be approved, with the following correction: By adding to Minute Item No.
79-105 the following names of savings and loan associations:
Nacogdoches Savings & Loan Association, Nacogdoches, Texas
First Federal Savings £ Loan Association, Nacogdoches, Texas
Guaranty Federal Savings § Loan Association, San Antonio, Texas
80-2
Upon motion of Regent Perkins, seconded by Regent Todd,. with all members
voting aye, it was ordered that Regent Wright be elected as Vice Chair
person of the Board.
80-3
Upon motion of Regent Todd, seconded by Regent Perkins, with all members
voting aye, it was ordered that the Resolution in memory of Regent Powers
be adopted, as follows:
47-2
RESOLUTION OF THE BOARD OF REGENTS
STEPHEN F. AUSTIN STATE UNIVERSITY
ERNEST C. POWERS: INMEMORIAM
WHEREAS, in June, 1973, the Honorable Ernest C. Powers, of Carthage, was
appointed by Governor Dolph Briscoe of Texas to the Board of Regents of Stephen F. Austin
State University;
WHEREAS, Mr. Powers served with such distinction on the Board that, in 1979,
he was reappointed by Governor William Clements to a second term and then was elected Vice
Chairman of the Board;
WHEREAS, as a Regent, civic leader, banker, and businessman, Mr. Powers rendered
distinguished service not only to public education but to his church, community, state, and nation;
AND WHEREAS, on October 12, 1979, Mr. Powers died unexpectedly;
NOW, THEREFORE, BE IT RESOLVED by the Board of Regents of Stephen F.
Austin State University, assembled this Twenty-seventh Day of October, 1979, that the Board, the
administration, the faculty, and the student body of the University express to his family their
esteem for Mr. Powers and their deep sense of loss in his death;
AND BE IT FURTHER RESOLVED that a copy of this memorial resolution be
spread upon the minutes of the Board and that a copy be sent to the Powers family.
/s/ Homer Bryce /s/ C. n. Haas
Chairman of the Board Secretary to the Board
47-3
80-4
Upon motion of Regent Perkins, seconded by Regent Wright, with all members
voting aye, it was ordered that the following individuals be employed for
the positions, dates, and salaries indicated: (1979 Summer II)
1. Applied Arts and Sciences
Mr. Richard Bales
Mr. Ronnie Barra
Dr. Duke Brannen
Dr. Robert Brooks
Dr. Jim Dennis
Dr. Ray Eastman
Dr. William Heeney
Dr. Sue Jones
Dr. Samir Maamary
Dr. Milton Payne
Ms. Carolyn Price
Dr. R. Frank Smith
Dr. Wendall Spreadbury
Dr. John Thornton
Dr. M. B. Wade
Dr. Grady Willingham
Mr. Melvin Montgomery
Mr. Melvin Montgomery
Dr. John R. Heath
2. Department of Agriculture
Coffield
Longview
Jasper/Humble
Longview
Jacksonville
Coffield
Humble
Travel Course
Humble
Jasper/Longview
On Campus
Longview
Humble
Jasper
Longview
Longview
On Campus
On Campus
On Campus
$ 466.00
746.00
446.00
468.00
360.00
• 466.00
468.00
4,266.00
840.00
746.00
1,266.00
446.00
840.00
436.00
436.00
436.00
1,850.00 (Band Camp, SSI)
1,850.00 (Drum Major
Camp, SSII)
1,167.67
Dr. T. A. Alhashimi, Associate Professor of Agriculture, at a salary
rate of $300 for 100% time from July 16 to July 20 for shortcourse on
"Greenhouse, Flowershop and Nursery Management."
80-5
Upon motion of Regent Justice, seconded by Regent Todd, with all members
V/^og aye' it: WaS ordered that the following changes in status be approved:
(1979 Summer II) J r
1. Department of Elementary Education
Dr. Wendall Spreadbury, Associate Professor, from 100% time at a
salary rate of $3,536.17 to 50% time at a salary rate of $1,768.09.
2. Department of English and Philosophy
Mr. Beeman Bentley, Assistant Professor, to 50% time at a salary
rate of $1,416.25 for Summer II, to cover courses originally assigned
to another faculty member.
47-4
Mr. David C. Howard, Assistant Professor, from 100% time at a salary
rate of $2,660.83 to 50% time at a salary rate of $1,338.42.
3. Department of Geology
Dr. Marvin C. Crocker, Associate Professor, to 50% time at a salary
rate of $1,864.50, in order to continue to serve as Interim Department-
Chairman until the newly appointed Chairman arrives.
Dr. Jerry W. Vincent, Associate Professor, from 50% time at a salary
rate of $1,610.00 to 100% time at a salary rate of $3,220.00.
4. Department of Music
Dr. David Jones, Associate Professor, from 100% time at a salary rate
of $3,304.50 to 50% time at a salary rate of $1,652.25.
5. Department of Psychology
Dr. Richard L. Pollock, Assistant Professor, from 100% time at a salary
rate of $3,021.77 to 50% time at a salary rate of $1,510.59.
6. Department of Secondary Education
Ms. Hilda Harris, Instructor, from 50% time at a salary rate of
$1,158.75 to no appointment for the Summer II term.
Ms. Paulette Wright, Instructor, from 0% time to 50% time at a salary
rate of $1,158.75 to cover class originally assigned to Ms. Harris.
80-6
Upon motion of Regent Todd, seconded by Regent Wright, with all members voting
aye, it was ordered that the following individuals be employed for the
positions, dates, and salaries indicated:
1. School of Applied Arts and Sciences
47-5
Dr. Edwin Gaston
Dr. William Heeney
Dr. Harold Hill
Dr. Jerry Irons
Dr. Langston Kerr
Mr. Johnny Long
Dr. Mary Ella Lowe
Dr. Morgan Moses
Dr. Wayne Murdock
Dr. Milton Payne
Dr. John Quinn
Dr. Elvia Rodriguez
Dr. Jose Rodriguez
Dr. Margaret Rucker
Dr. Dwane Russell
Dr. Eugene Sauls
Dr. Wendall Spreadbury
Dr. George Thompson
Dr. John Thornton
Dr. Ralph White
Mr. W. D. Whitescarver
Dr. Grady Willingham
2. Department of Accounting
Lufkin
Jasper
Longview
Longview
Longview
Coffield
Humb1e
On Campus
Longview
Jasper
Longview
Lufkin
On Campus
Longview
Longview
Longview
Lufkin
Humble
Longview
Humble
Coffield
Longview
1
339.00
1,246.00
1,136.00
736.00
1,136.00
2,091.00
1,340.00
600.00
436.00
246.00
436.00
839.00
600.00
936.00
136.00
436.00
839.00
1,340.00
1,136.00
1,340.00
466.00
1,136.00
1
Mr. Robin C. Potter, 28, M.S. (Oklahoma State University),
Assistant Professor of Accounting at a salary rate of $17,500 for nine
months, effective January 1, 1980.
3. Department of Administrative Services
Dr. Connie M. Mayer, 27, J.D. (University of Houston), Lecturer
(25% time) in the Department of Administrative Services, at a salary
rate of S3,000 for nine months, effective September 1, 1979.
Ms. Luella M. Stringer, 30, M.B.Ed. (Stephen F. Austin State Uni
versity), Lecturer in the Department of Administrative Services, at a
salary rate of $3,000 for 50% time for the Fall Semester, 1979, and
$1,500 for 25% time for the Spring Semester, 1980, effective September 1,
1979.
4. Department of Agriculture
Mr. Tommy Randel Baldree, 26, B.S. (Texas Af7M University), Dairy
Farm Manager/Operator at a salary rate of $11,073 for twelve months,
effective September 1, 1979.
5. Department of Communication
Mr. John Gaston Frank, 25, M.A. (Stephen F. Austin State University),
47-6
Assistant Instructor in the Department of Communication at a salary
rate of $11,000 for nine months, effective September 1, 1979.
6. Criminal Justice Program
Dr. John R. Heath, 38, J.D. (South Texas College of Law), Assistant
Professor of Criminal Justice at a salary rate of $15,250 for nine
months, effective September 1, 1979.
7. Department of Economics and Finance
Dr. Lynette Solomon, 47, Ph.D. (University of Arkansas), Assistant
Professor of Finance at a salary rate of $17,390 for nine months,
effective September 1, 1979.
8. Department of English and Philosophy
Mr. Cydney W. Adams, 30, M.A. (Stephen F. Austin State University),
Lecturer (75% time) in English at a salary rate of $4,125 for the
Fall Semester, 1979, only.
Mr. John C. Grooms, 26, M.A. (Stephen F. Austin State University),
Lecturer (50% time) in English at a salary rate of $2,250 for the Fall
Semester, 1979, only.
Mr. Mark Horan, 30, M.A. (Slippery Rock State Teachers College),
Assistant Instructor (50% time) in English at a salary rate of $2,250
for the Fall Semester, 1979, only.
Mr. Thorn McFarljmd, 31, M.A. (Stephen F. Austin State University),
Assistant Instructor (75% time) in English at a salary rate of $3,375
for the Fall Semester, 1979, only.
Ms. Molly A. Travis, 28, M.A. (Stephen F. Austin State University),
Lecturer (50% time) in English at a salary rate of $2,832.50 for the
Fall Semester, 1979, only.
9. School of Forestry
Mr. Robert Webb, 54, M.F. (Yale University), Visiting Instructor
(25% time) in Forestry at a salary rate of $1,545 for the Fall Semester,
1979, only.
10. Department of Geology
Ms. Patricia Sharp, 25, M.S. (Stephen F. Austin State University),
Instructor in Geology at a salary rate of $12,000 for nine months,
effective September 1, 1979.
11. Department of Health and Physical Education
Ms. Dianne Ivy Baker, 27, B.S. (Texas Woman's University), Lecturer
(25% time) and Women's Athletic Coach (25% time) in Health and Physi-
47-7
cal Education at a salary rate of $7,140 for 50% time for nine months,
effective September i, 1979.
Mr. Thomas R. Pate, 30, M.Ed. (Texas Southern University), Instructor
(75% time) in Health and Physical Education at a salary rate of
$10,290 for nine months, effective September 1, 1979.
12. Department of Home Economics
Ms. Sally Ann Basey, 24, B.F.A. (Louisiana Tech University),
Lecturer (50% time) in Home Economics at a salary rate of $6,000 for
nine months, effective September 1, 1979.
Ms. Kim R. Bass, 23, B.F.A. (Texas Tech University), Lecturer (65%
time) in Home Economics at a salary rate of $6,750 for nine months,
effective September 1, 1979.
Ms. Joyce Morrison, 43, M.S. (Stephen F. Austin State University),
Assistant Instructor in Home Economics at a salary rate of $12,000
for nine months, effective September 1, 1979.
13. Department of Management and Marketing
Mr. Robert S. Anderson, 60, M.B.A. (University of Pittsburgh),
Lecturer in Management at a salary rate of $6,000 for the Fall Semester,
1979, only.
Mr. Ronald A. 'Bigoness, 48, M.B.A. (Stephen F. Austin State Uni
versity), Instructor in Management at a salary rate of $13,000 for
nine months, effective September 1, 1979.
Ms. Marlene Kahla, 28, M.B.A. (Sam Houston State University), In
structor in Marketing at a salary rate of $13,500 for nine months,
effective September 1, 1979.
Mr. Johnny Long, 53, M.Ed. (Stephen F. Austin State University),
Lecturer (25% time) in Management at a salary rate of $1,607 for the
Fall Semester, 1979, only.
14. Department of Mathematics and Statistics
Mr. James P. Gray, 29, M.S. (Stephen F. Austin State University),
Lecturer (40% time) in the Department of Mathematics and Statistics,
at a salary rate of $1,800, effective for the Fall Semester, 1979,
only.
Ms. Marilyn Sue Head, 27, M.S. (University of Dallas), Assistant
Instructor in Mathematics at a salary rate of $10,500 for nine months,
effective September 1, 1979.
47-8
Ms. Kathryn Fraughnaugh-Jones, 37, M.S. (New Mexico Highlands
University), Instructor in Mathematics at a salary rate of $10,500
for nine months, effective September 1, 1979.
Ms. Sandra K. Welch, 35, M.S. (Stephen F. Austin State University),
Assistant Instructor in Mathematics at a salary rate of $10,500 for
nine months, effective September 1, 1979.
15. Department of Music
Ms. Eva Bailey, 54, B.M. (Stephen F. Austin State University),
Lecturer (7-1/2% time) at a salary rate of $600 for nine months, ef
fective September 1, 1979.
Ms. Bonnie Gilman, 33, M.M. (Eastman School of Music), Lecturer
(7-1/2% time) in Music at a salary rate of $600 for nine months,
effective September 1, 1979.
Mr. Kurt A. Gilman, 29, M.M. (Texas Tech University), Instructor in
Music at a salary rate of $13,000 for nine months, effective September
1, 1979. F
Ms. Barbara B. Haden, 28, M.M. (University of Houston), Lecturer
(15% time) in Music at a salary rate of $3,207.68 for nine months,
effective September 1, 1979.
Mr. George S. Kosich, 27, M.M. (Indiana University), Instructor in
Music at a salary rate of $13,000 for nine months, effective September
j- y Ji y / y •
Ms. Shirley Watterston, 40, M.S. (University of Wisconsin), Lecturer
(75% time) in Music at a salary rate of $9,750 for nine months, ef
fective September 1, 1979.
16. Department of Psychology ■ '
Mr. Glenn S. Colton, 27, M.A. (Stephen F. Austin State University),
Assistant Instructor in Psychology at a salary rate of $4,500 for the
Fall Semester, 1979, only.
17. Department of School Services '
Ms. Betty J. Carter, 39, M.Ed. (Sam Houston State University),
Lecturer in School Services (25% time) at a salary'rate of $1,500 for
the Fall Semester, 1979, only.
Ms. Linda Ann Green, 26, M.A. (Texas Woman's University), Lecturer
in School Services (50% time) at a salary rate of $3,000 for the Fall
Semester, 1979, only.
47-9
10
18. Fiscal Affairs
Ms. Storm McGill, 22, Coordinator of Accounts Payable at a salary
rate of $8,592.00 for twelve months, effective September 24, 1979.
19. Student Affairs Division
Mr. Greg Broadd, 43, M.A. (University of Wisconsin), Director of
Student Publications at a salary rate of $14,500 for twelve months,
effective September 1, 1979.
Ms. Jamie Fain, 28, B.B.A. (Stephen F. Austin State University),
Residence Halls Coordinator for Housing at a salary, rate of $12,000
for twelve months, effective October 8, 1979.
Dr. Foy Varner, 36, M.D. (University of Texas Medical School),
Physician for Health and Hospital Services at a salary rate of $31,000
for twelve months, effective August 29, 1979.
Ms. Elaine Wingate, 32, B.B.A. (Stephen F. Austin State University),
Scheduling and Services Coordinator for the University Center at a
salary rate of $8,028 for twelve months, effective July 23, 1979.
20. Intercollegiate Athletics
Mr. George Allen, 24, M.A. (Stephen F. Austin State University),
Athletic Counselor, at a salary rate of $14,500 for twelve months,
effective August 15, 1979.
80-7
Upon motion of Regent Perkins, seconded by Regent Todd, with all members
voting aye, it was ordered that the following resignations be accepted:
1. Department of Accounting
Ms. Emagene Wind, Instructor in Accounting, effective July 16,
1979. Ms. Wind has accepted other employment.
2. School of Applied Arts and Sciences
Dr. Ivy Eugene Kirkpatrick, Assistant to the Director of the Applied
Arts and Sciences Division, effective July 31, 1979. Dr. Kirkpatrick
has accepted other employment.
3. Department of Art
Dr. Vincent F. Kubly, Assistant Professor of Art, effective July 16,
1979. Dr. Kubly completed his temporary appointment.
47-10
11
4. Department of Biology
Dr. Susan E. Harwood, Assistant Professor of Biology, effective
September 23, 1979. Dr. Harwood had been granted a leave of absence
for the 1979-80 academic year. She has now accepted other employment.
5. Department of Communication
Mr. Robert E. Hays, II, Assistant Professor of Communication, ef
fective June 1, 1979. Mr. Hays completed his temporary appointment.
6. Department of Economics and Finance
Dr. Terrence G. Rice, Assistant Professor of Economics, effective
July 27, 1979. Dr. Rice completed his temporary appointment.
7. Department of English and Philosophy
Dr. Leslie M. Thompson, Professor of English, effective July 16, 1979.
Dr. Thompson has accepted other employment.
8. School of Forestry
Dr. Paul C. Johnson, Research Associate in Forestry, effective
October 5, 1979. Dr. Johnson has accepted other employment.
9. Department of Health and Physical Education
Dr. Gary G. Coffman, Associate Professor of HPE and Assistant Basket
ball Coach, effective July 16, 1979. Dr. Coffman has accepted other
employment.
10. Department of History
Dr. George E. Cooper, Assistant Professor of History, effective
June 14, 1979. Dr. Cooper was on leave of absence and has now re
signed to accept other employment.
11. Department of Mathematics and Statistics
Dr. W. I. Layton, Professor of Mathematics and Chairman of the De
partment, effective August 31, 1979. Dr. Layton has accepted other
employment.
12. Department of Music
Mr. Charles B. Foley, Instructor of Music, effective August 15, 1979.
Mr. Foley has accepted other employment.
Dr. Tyrone Greive, Assistant Professor of Music, effective May 31,
1979. Dr. Greive has accepted other employment.
47-11
12
13. Fiscal Affairs
Ms. Larka Lee Lemons, Coordinator of Accounts Payable, effective
September 30, 1979. Ms. Lemons moved to another city.
14. Student Affairs Division
Mr. Lynn Black, Catering Supervisor for the University Center,
effective August 31, 1979. Mr. Black resigned due to personal
reasons.
Ms. Mary Ruth Dunlap, Director of Student Publications, effective
August 1, 1979. Ms. Dunlap has moved away from Na.cogdoches.
Dr. Richard D. English, Physician for Health and Hospital Services,
effective September 30, 1979. Dr. English accepted another position.
Mr. James Patrick Newland, Student Development Coordinator, ef
fective July 20, 1979. Mr. Newland took a position at another Uni
versity.
80-8
Upon motion of Regent Todd, seconded by Regent Justice, with all members
voting aye, it was ordered that the following changes in status be ac
cepted:
1. School of Applied Arts and Sciences
Dr. James 0. Standley, Dean of the School of Applied Arts and
Sciences, from a beginning date of September 1, 1979 to August 20,
1979 at a salary rate of $1,000 for the two weeks.
2. Department of Criminal Justice
Mr. William T. Toney, Assistant Professor of Criminal Justice, to
Assistant Professor and Acting Director of the Criminal Justice
Program, with an additional $1,000 to compensate for the added responsi
bilities, effective September 1, 1979. ".••■■
3. Department of Computer Science
Mr. William P. Herman, Instructor in Computer Science, to a salary
rate of $15,000 for nine months. This is to correct a keypunch error
in the budget.
4. Department of Elementary Education
Ms. Betty Bunch, Lead Kindergarten teacher, to 50% Account 1105 and
50% Account 1021 for a total salary of $13,121, for nine months, ef
fective September 1, 1979. This is to correct a budget error.
47-12
13
5. Department of English and Philosophy
Ms. Beth Medrano, Lecturer in English, from 50% at 32,750.00 to 75% at
$4,125.00, effective September 1, 1979, and for the Fall Semester, 1979
only. '
Ms. JoAnne Howard, Lecturer in English, from 50% at $2,750.00 to 75%
at $4,125.00 - effective September 1, 1979, and for the Fall Semester,
1979, only.
6. School of Forestry
Dr. M. Victor Bilan, Professor of Forestry from a. salary of $25,800
to $26,175 for nine months, to include a merit increase. This is ef
fective September 1, 1979.
Mr. Patrick Bray, Manager of Career Development Services in Forestry,
from a nine months appointment at $14,247 to a twelve months appoint
ment at $14,398, effective September 1, 1979.
Dr. Robert Fleet, Research Associate in Forestry, from a salary of
$11,126 to $12,000 for nine months, effective September 1, 1979. This
reflects the allowable salary increase provided through grant funds.
Dr. Michael Legg, Associate Professor of Forestry, to correct a
budget error. Salary should read 75% time—Account 1035-for $13,500
and 25% time—Account 1116 for $4,500, for a total nine months salary of
$18,000, effective September 1, 1979.
Dr. R. Montague Whiting, Assistant Professor of Forestry, from a
salary of $14,560 to a salary of $16,550 for nine months, effective
September 1, 1979. The new figure reflects stipend for promotion to
Assistant Professor and corrects a miscalculation of base salary.
7. Department of Health and Physical Education
Ms.. Sue Gunter, Assistant Professor of Women's HPE and Associate
Director of Athletics, from a salary rate of $22,450 to $22,495 for
nine months, effective September 1, 1979. This is to correct a key
punch error in the budget.
Ms. Loretta Sue Tinsley, Instructor of Women's HPE, from a salary of
$9,946 for 75% time to $13,261 for 100% time, effective September 1,
1979. The additional time is needed to cover classes taught by a
faculty member who has requested a leave of absence.
8. Department of History
Dr. Bobby Johnson, from Professor of History at $22,050 for nine
months to Professor of History and Acting Director, News and Infor-
47-13
14
mation Services, at $29,400 for twelve months, effective September 1
1979. '
9. Department of Psychology
Dr. Verna Barron, Assistant Professor of Psychology, from a salary
of $14,170 to $14,500 for nine months, effective September 1, 1979.
This is to correct a budget error.
Dr. David Goldstein, Assistant Professor, at a salary rate of
$16,871 for nine months, effective September 1, 1979. Dr. Goldstein
had indicated that he would resign and was therefore not included
in the budget.
10. Department of School Services
Mr. William Bryan, Assistant Professor of School Services, at a
salary of $16,964 for 85% time to 100% time for nine months, effective
September 1, 1979. This is to correct a keypunch error in the budget.
Dr. William Weber, Assistant Professor of School Services, at a
salary of $16,068 for 75% time to 100% time for nine months, ef
fective September 1, 1979. This is to correct a keypunch error in
the budget.
11. University Library
Ms. Betty Bennett, Librarian III, from a salary rate of $16,595 to
$16,614 for nine months, effective September 1, 1979. This is to
correct a keypunch error in the budget.
Ms. Laine Farley, Librarian I, from a salary rate of $10,920 to
$11,036 for nine months, effective September 1, 1979. This is to
correct a budget error and include a 5.1% increase in salary.
Ms. Lucille Hackard, Librarian I, at a salary rate of $12,367 to
Librarian II, effective September 1, 1979. A budget error did not
reflect the correct title of rank.
12. Student Affairs Division
Mr. John Anderson, from Food Production Supervisor I to Manager
East College Cafeteria, effective September 1, 1979. Salary adjust
ment from $12,480 to $16,356 for twelve months.
Mr. Donald Barnett, from Manager East College Cafeteria to Manager
University Center Cafeteria, effective September 1, 1979.
Ms. Betty Boney, from Assistant Catering Supervisor at $3.61 per
hour to Catering Supervisor at $10,188 for twelve months, effective
September 1, 1979.
47-14
15
Mr. Curtis Bradshaw, Director of Financial Aid. Salary adjust
ment from $17,194 to $17,594 for twelve months, effective September
1, 1979, to correct an error made when budget was printed.
Mr. Robert Caudle, from Food Production Supervisor I to Food Pro
duction Supervisor II. Salary adjustment from $11,266 to $12,676
for twelve months, effective September 1, 1979.
Mr. David Locke, from Food Production Supervisor I at $4.28 per
hour to Assistant Food Production Supervisor II at $9,528 for
twelve months, effective September 1, 1979.
Ms. Mita Musick, from Director of Residence Hall Programs to
Associate Director of Housing, effective September 1, 1979. Salary
adjustment from $17,079 to $19,000 for twelve months.
Dr. John R. Scott, Physician at a salary rate of $34,320 for ten
and a half months to $39,222 for twelve months, effective October 1
1979.
Mr. Leonard (Pete) Smith, from Assistant Director of Housing to
Director of Housing, effective September 1, 1979. Salary adjustment
from $16,124 to $20,000 for twelve months.
Mr. Clyde Tucker, from Assistant Food Production Supervisor II to
Food Production Supervisor I. Salary adjustment from $7,389 to
$11,452 for twelve months, effective September 1, 1979.
Dr. Foy E. Varner, Physician, salary rate adjustment from $31,000
for ten and a half months to $33,400 for ten and a half months,
effective October 1, 1979.
Ms. Nancy Weyland, from Administrative Assistant in Early Childhood
Laboratory to Assistant Director of Financial Aid, effective
October 1, 1979. Salary adjustment from $8,679 to $12,000 for twelve
months.
13. University News Service
Mr. Howard Page, from Director (100% time) at a salary rate of
$16,678 to Editorial Coordinator (80% time) at a salary rate of
$13,964 for twelve months, effective August 15, 1979.
80-9
Upon motion of Regent Perkins, seconded by Regent Justice, with all members
voting aye, it was ordered that the following request for a leave of
absence be granted:
47-15
16
1. Department of Geology
Dr. Hershel Jones, Associate Professor of Geology, for the Fall
Semester, 1979. Dr. Jones will participate in negotiations for a
grant funded by the Department of Energy for investigation in
geothermal energy.
80-10
Upon motion of Regent Justice, seconded by Regent Perkins, with all members
voting aye, it was ordered that the following retirements be accepted:
1. University Library
Mr. C. IV. Romans, Librarian II, effective January 15, 1980.
2. Student Affairs Division
Mr. Kenneth McFarland, Director of Housing, effective August 31
1979.
Ms. Lucille Matchett, Accounting Clerk II for University Center,
effective August 31, 1979.
3. Fiscal Affairs
Ms. Barbara Sitton, Cashier, effective September 1, 1979.
80-11
Upon motion of Regent Todd, seconded by Regent Wright, with all members
voting aye, it was ordered that the following award of tenure be approved.
1. Department of Geology
Dr. Volker W. Gobel
80-12
Upon motion of Regent Wright, seconded by Regent Todd, with all members
voting aye, it was ordered that the Faculty Workload Report for Fall
Semester, 1979, be approved as submitted under separate cover.
80-13
Upon motion of Regent Samuel, seconded by Regent Justice, with all members
voting aye, it was ordered that the name of the Department of School
Services be changed to the Department of Counseling and Special Educational
Programs.
47-16
17
80-14
Upon motion of Regent Samuel, seconded by Regent Perkins, with all members
voting aye, it was ordered that the B.S. in Education degree with a Major
in School Services be redesignated a B.S. in Education degree with a
Major in Special Education and that fields of concentration be designated
in Speech and Hearing Therapy; Visually Handicapped; Deaf and Severely
Hard of Hearing; Rehabilitation Services; and Orientation and Mobility.
80-15
Upon motion of Regent Todd, seconded by Regent Wright, with all members
voting aye, it was ordered that the program whereby two Regents Professors
may be named each academic year be established. One Regents Professor
ship is to recognize outstanding research contributions by a member of the
University faculty, and one is to recognize outstanding teaching by a
member of the University faculty. Appointments are for a term of one
academic year. Selection will be according to procedures established by
the Academic Deans Council, and will involve directly in the selection
process the Chairperson of the Academic and Student Affairs Committee of
the Board of Regents.
80-16
Upon motion of Regent Todd, seconded by Regent Wright, with all members
voting aye, it was ordered that the academic program inventory (Appendix
No. 1) be the official program inventory for Stephen F. Austin State
University, excluding academic minors, all such programs having been
established in accord with the policies of the Board of Regents of Stephen
F. Austin State University.
80-17
Upon motion of Regent Perkins, seconded by Regent Todd, with all members
voting aye, it was ordered that the underenrolled classes as listed below
be approved for retention for the Fall Semester, 1979.
Course No. and Title
Credit
Hours
Number
Students Instructor Reason
CJS 413 Supervision
Criminal Justice
Personnel
PHY 110 Fundamental
Elect Lab
Toney
459-64-4711
Billings
467-11-6174
Required course to
keep proper sequence.
Required for gradu
ation
Class size limited
by availability of
laboratory facilities
47-17
18
Course No. and Title
Credit
Hours
Number
Students Instructor Reason
NUR 301 Health Assess
ment
NUR 312 Pathophysiology 3
NUR 313 Pathophysiology
II
Henderson
539-46-8952
Henderson
539-46-8952
Harris
450-02-5329
Required course to
keep proper sequence,
new degree program
Required course to
keep proper sequence,
new degree program
Required course to
keep proper sequence,
new degree program
47-18
19
8Q-18
Upon motion of Regent Todd, seconded by Regent Samuel, with all members voting ave
it was ordered that the following curriculum items, approved by the University Under
graduate and Graduate Curriculum Committee, be approved:
COURSES ADDED: (Curriculum Committee)
Department and Number Title
Administrative Services 235
Administrative Services 440
Administrative Services 448
Administrative Services 456
Administrative Services 478
Art 212
Art 312
Economics & Finance 351
Economics & Finance 353
Elementary Education 443
Home Economics 117
Home Economics 212
Home Economics 233
Management and Marketing 353
Management and Marketing 452
Mathematics and Statistics 304
Military Science 101
Military Science 204
Military Science 205
Physics 344
Sociology 396
Sociology 467
Hours Credit
Introduction to Business Law 3
Records Management 3
Estate Planning 3
Administrative Agency Law 3
Environmental Regulatory Law 3
Motion Picture Production 3
Movie Editing 3
Income and Employment 3
Price Theory 3
Student Teaching: Teachers of 3
Young Children
Materials for Interior Design 3
History of Interiors 3
Design in Clothing 3
Personal Selling 3
International Marketing 3
Linear Algebra 3
Wilderness Survival and Hunter 2
Certification
Advanced Firearms Techniques 2
Introduction to Defense Organi- 2
zation, Leadership and
Tactics
Introduction to Microprocessors 3
and Their Uses
Applied Gerontology 3
Internship in Social Planning • 6
COURSES TO BE REVISED: (Curriculum Committee)
Department and
Number
Communication 301
Communication 309
Communication 315
Communication 413
Title and Credit
New
No.
Copy Editing, Headline 301
Writing and Makeup (2)
Newspaper and Magazine 309
Feature Writing (2)
Group Discussion and Con- 315
ference Leadership (2)
Column and Editorial Writing 413
(2)
New' Title and Credit
Copy Editing, Headline
Writing and Makeup (3)
Newspaper and Magazine
Feature Writing (3)
Group Discussion and Con
ference Leadership (3)
Column and Editorial Writing
(3)
47-19
COURSES TO BE REVISED: (Continued)
20
Department and
Number
Elementary Education
475
Home Economics 420
Mathematics and Statis
tics 130
Mathematics and Statis
tics 138
Sociology - Ant 440
Theatre 370
Title and Credit
Special Problems (3)
Practicum (6)
College Algebra (3)
New
475
420
130
- Advanced College Algebra (3) 138
Field Methods in Archeology 440
(6)
History of the Cinema as a 370
Dramatic Art (3)
New Title and Credit
Special Problems (1-3)
Practicum (3)
Fundamentals of College
Algebra (3)
College Algebra (3)
Field Methods in Archeology
(3 or 6)
. History of the Cinema (3)
COURSES TO BE DELETED: (Curriculum Committee)
Department and Number
Administrative Services 239
Administrative Services 335
Communication 242
Communication 322
Economics & Finance 451
Economics & Finance 453
Home Economics 231
Home Economics 321
Home Economics 340
Management and Marketing 472
Mathematics and Statistics 317
Military Science 201
Military Science 203
Sociology 349
Sociology 401
Sociology 445
Title and Credit
Advanced Shorthand & Office Procedures (3)
Introduction to Business Law (3)
Motion Picture Production (3)
Motion Picture Editing (3)
Income and Employment (3)
Price Theory (3)
Apparel Design (3)
Apparel Design: Draping (3)
Programming for the Child Development Lab. (3)
Industrial Engineering for Management (3)
Introduction to Matrix Algebra (3)
American Military History (2)
Introduction to Defense Organization,
Leadership and Tactics (2)
Peasant Societies (3)
Internship in Social Planning (3)
Rural Sociology (3)
COURSES ADDED: (Graduate Council)
Department and Number Title
Accounting 511
Agriculture 415G
Agriculture 416G
Administrative Services 448G
Administrative Services 456G
Administrative Services 478G
Accounting for Management
Turfgrass Management
Plant Propagation
Estate Planning
Administrative Agency Law
Environmental Regulatory Law
Hours Credit
3
3
3
3
3
3
47-20
COURSES ADDED: (Continued)
21
Department and Number
Communication 501
Communication 503
Elementary Education 580
Elementary Education 581
Elementary Education 582
Elementary Education 594
Forestry 502
Forestry 505 A,B,C
Forestry 508
Forestry 560
Spanish 526
Spanish 532
Title
Management Problems in Media
Original Materials for Broadcast
Discipline: Behavior & Misbehavior
Current Issues Affecting Teachers
Learning Styles and Teaching Strate
gies
Outdoor Education, Advanced
Public Involvement in Forestry
Communications in Forest Organi
zations
Computer Applications in Forestry
Economic Analyses of Forest Opera
tions
Contemporary Hispanic Essay
Spanish for the Bilingual Teacher
Hours Credit
3
3
o
3
3
3
3
3
3
3
3
3
COURSES TO BE REVISED: (Graduate Council)
Department and
Number
Communication 511
Geology 590
Sociology-Ant 440G
Title and Credit
Teaching Speech at the
College Level (3)
Thesis Writing (3)
Field Methods in Archeology
(6)
New
No.
511
590
440G
New Title and Credit
Teaching Communication
at the College Level (3)
Thesis Writing (3,6,or 9)
Field Methods in Archeology
(3-6)
COURSES TO BE DELETED: (Graduate Council)
Department and Number Title and Credit
Agriculture 513
Communication 402G
Communication 405G
Communication 502
Communication 514
Communication 515
Elementary Education - RDG 500
Elementary Education 509
Elementary Education 519
Elementary Education 544
Plant Propagation (3)
Teaching Speech at the Secondary Level (3)
Photojournalism (3)
Theories of Mass Communications (3)
Politics and the American Media (3)
Seminar in Rhetoric & Public Address (3)
Reading Workshop (1-3)
The Philosophy of Education (3)
Supervision of the Instructionsl Program (3)
Individualization of Science Instruction,
Advanced (3)
47-21
22
COURSES TO BE DELETED: (Continued)
Department and Number
Geology 407G
Geology 443G
Management and Marketing 511
Spanish 503
Spanish 510
Sociology 445G
Sociology 503
Title and Credit
Sedimentology (3)
Optical Mineralogy (3)
Accounting for Management (3)
Renaissance Literature (3)
Old Spanish Language and Literature (3)
Rural Sociology (3)
Seminar in the Community (3)
47-22
23
80-19
Upon motion of Regent Samuel, seconded by Regent Todd, with all members
voting aye, it was ordered that the final FY79 budget standing, as re
ported in the August 31, 1979 Monthly Report, be approved and that the
University be authorized to transfer $112,549.61 from Pledged Revenue
Property Surplus to the Auxiliary Enterprises Funds.
80-20
Upon motion of Regent Perkins, seconded by Regent Todd, with all members
voting aye, it was ordered that the following FY 80 budget adjustments be
approved:
Account Amount
$
1. Computer Cable and Installation to
Business, Education, HPE, Forestry 1204 10,000
2. Security Building Electrical Standby
Service and Area Disaster Radios 1202 13,500
3. Renovation of Stadium Track 6709 49,000
4. Renovation of Dorms 10 § 13 Roofs Renovation Funds
1962 System 45,230
5. Resurface Tennis Courts 6707 16,720
6. Longevity Pay Summarized by Fund
Groups as Required from Surplus Education and
General Surplus 2,880
7. Improvements to Accommodate the
Handicapped 1204-15 25,000
80-21
Upon motion of Regent Golden, seconded by Regent Wright, with all members
voting aye, it was ordered that the University be authorized to transfer
from Pledged Property Surplus the following sums as matching funds for .
the listed Student Financial Aid Programs for FY79:
1. Work Study Funds -
25% Matching for Grants Totaling $160,000 $40,000.00
2. NDEA Student Loan Program Grant -
Funds Required for 1979-80 Year to Match
$50,000 is 11.11% - for a total of .... 5,555.50
47-23
24
and, the Transfer of Student Property Deposits
to the University Center Income $56,995.02
80-22
Upon motion of Regent Todd, seconded by Regent Perkins, with all members
voting aye, it was ordered that the revised Fiscal Regulations be approved,
(with an addition pertaining to the requirement that the University
President and the Vice President for Fiscal Affairs issue certificates
that all regulations and statutes are being complied with when financial
reports are submitted to the Board of Regents), as submitted under
separate cover.
80-23
Upon motion of Regent Perkins, seconded by Regent Todd, with all members
voting aye, it was ordered that the University be authorized to sell
certain stocks listed hereafter and to use the proceeds for the same
purposes for which the stocks were intended, and that the V. P. for Fiscal Affairs,
C. G. Haas, be authorized to sign the transfer of the stock certificates. '
Southland Financial Corporation Stock - 820 shares
(C. E. Ferguson Memorial Endowment Fund)
Union Oil Company Stock - 520 shares
(C. J. Davidson Estate Endowment Fund)
80-24
Upon motion of Regent Todd, seconded by Regent Justice, with all members
voting aye, it was ordered that any one of the following four persons be
authorized to approve official travel in-state or out-of-state, for the
period September 1, 1979 to August 31, 1980.
Dr. William R. Johnson, President
Dr. Billy J. Franklin, Vice President for Academic Affairs
Mr. C. G. Haas, Vice President for Fiscal Affairs
Dr. Baker Pattillo, Vice President for Student Affairs
80-25
Upon motion of Regent Perkins, seconded by Regent Golden, with all members
voting aye, it was ordered that the following rules governing the invest
ment of local cash funds of Stephen F. Austin State University be adopted:
1. That the investing of local cash funds shall be restricted to the
purchase of Certificates of Deposits in banks and savings institutions,
which are approved by the Board of Regents through contract agreements
designating those institutions as depositories.
47-24
25
2. That, in accordance with the cash flow requirements of the University,
such local cash funds be invested to maximize the earnings without
adversely affecting the promptness of payment of obligations.
3. That, all deposits be insured or secured by trust receipts in con
formity with the rules and regulations of the State Treasury.
80-26
Upon motion of Regent Justice, seconded by Regent Wright, with all members
voting aye, it was ordered that the following rule governing vacation leave
for employees of Stephen F. Austin State University be adopted:
Vacations for faculty, classified and other non-teaching personnel
shall be as provided by the Legislature in the then current appropri
ation bill and as approved by the Board of Regents, except that
vacation accumulated by faculty, classified and other non-teaching
personnel on less than twelve-month appointments shall be deemed
as having been taken during periods when classes are not in session
within the appointment period.
80-27
Upon motion of Regent Todd, seconded by Regent Perkins, with all members
voting aye, it was ordered that the University be authorized to obtain
a new estimate from the architects on the Home Economics South Building
and to resubmit the project to the Coordinating Board for approval in
their next regular meeting. " ■
80-28
Upon motion of Regent Todd, seconded by Regent Wright, with all members
voting aye, it was ordered that the interim action be ratified to approve
a contract (through a University Purchase Order) for 349,000.00 with Vibra-
Whirl § Company, Inc., Panhandle, Texas, to renovate the stadium running
track. °
47-25
26
80-29 (Vice Chairperson Wright presiding)
Upon motion of Regent Todd, seconded by Regent Perkins, with all members
voting aye, it was ordered that the University be authorized to obtain
assistance from the building architect to study the proposal of the
Alumni Association to add office facilities to the University Center
project, with the results of the study to be reported at the next Board
meeting.
80-30
Upon motion of Regent Justice, seconded by Regent Perkins, with all members
voting aye, it was ordered that the contract for $4,036.00 with Texas
Power and Light Company to provide underground electric service to the
Student Apartment Project be approved and the Chairman of the Board be
authorized to sign the contract.
47-26
27
AGREEMENT
Sept. 6, 1979
Date
An agreement between TEXAS POWER & LIGHT COMPANY, a Texas
Corporation, hereinafter called "Company", and Board of Regents,
Stephen F. Austin State University , hereinafter called
"Customer", subject to the terms and conditions hereinafter set
forth:
A. Customer owns the 32 unit Student Housing Project-
Apartment Complex, Nacogdoches Texas, and plans to develop
the same for residential purposes, and desires that the units in
said Apartment Complex, as shown on the attached print marked "Exhibit A",
be supplied with electric service by underground facilities rather
than overhead facilities. Customer also desires to supply street
lights to said complex, as shown on the attached print marked "Exhibit A",
and that they be supplied with electric service by underground facilities
rather than overhead facilities.
B. Company agrees to install underground facilities, as de-r
signed by Company, to serve each of the aforesaid units Csingle
phase service not exceeding 120/24 0 volts) and furnish meters and
meter sockets and underground service laterals to supply each unit,
as it is constructed, and also agrees to install ■ •
| N/A
(Quantity and description of luminaries) ~" ~
on . N/A
(Quantity and description or poles) ' ~
47-27
Page 47-28 is missing.
sum of $ 4,036.00 29
D. If Company is required to install its facilities under
concrete or paved surface, Customer will pay to Company, in
addition to the aforesaid and upon notification by Company of the
completion of said installation, the sum of $ 10.00 per foot for
each foot of underground distribution facilities so installed;
conditioned that no such payment shall be required for Company's
installation under said surface if Company receives notice in
writing, at its office in Nacogdoches , .Texas, after
the date on which Company accepts this agreement, and at least
thirty (30) days prior to the beginning of such concreting or
paving, and if during such thirty (30) days said premises are
ready and available for Company's installation.
E. In the event Customer's obligations hereunder by reason
of Paragraph "D" should exceed $ 4,036.00 , company may, at
its option, require Customer to furnish security to Company to
guarantee payment of the total obligation. Company may suspend
installation of underground distribution facilities as herein
provided until such security is furnished and accepted by Company.
F. Except as provided in Paragraph "D" herein, Customer will
pay the total amount of Customer's obligation hereunder upon
notification by Company that installation of service to all units
in the addition made the subject of this agreement is substantially
complete.
If service to each unit served hereunder is not substantially
complete, as herein defined, within four (4) months from the date
of acceptance of this agreement, Customer will pay to Company an
amount equal to $ 126.13 for each unit to which
47-29
-3-
30
installation of service is substantially complete, as defined herein,
Plus $ N/A for each street light served hereunder,
payment to be made upon Company's notification to Customer therefor;
except that Customer shall not be obligated to pay this interim
payment unless so billed by Company. This interim billing will
be in the sole discretion of Company, and failure to require same
will in no way excuse Customer from other obligations hereunder.
G. Six (6) months following the date of acceptance herein,
Customer will pay to Company the balance of Customer's obligation
for work performed hereunder by Company to that date, the total
amount of all payments to be made by Customer not to. exceed the
aggregate total of the contracted amounts herein specified.
After that time, either party, without the consent of the other,
may, at its option, upon thirty (3 0) days written notice to the
other, declare this agreement terminated and neither party will
have any further responsibility hereunder, except that Customer
and those individuals, firms or corporations providing'the
security required herein will remain liable to Company for any
and all payments due hereunder accruing from date of acceptance
herein, and further, that Company will continue to furnish meters
and meter sockets and underground service laterals to each unit
to which service is then substantially complete, as defined
herein, within six C6) months following the date of acceptance
herein, and for which payment has been received from Customer,
and will continue to make street light installations as requested
hereunder only if Customer has paid $ N/A , pius $126.13
for each unit to which service is substantially complete, otherwise
Company will have no further responsibility to make street light
installations hereunder.
47-30
■ . . . 31
H. All sums due and payable by Customer to Company hereunder,
shall, at Company's option, be immediately due and payable in the
event of Customer's bankruptcy, reorganization in bankruptcy,
assignment for benefit of creditors, failure to maintain the
security required hereunder, or the sale or transfer (including
sale and foreclosure or through judicial proceedings) by Customer
of all units, or all of Customer's remaining units, covered by this
agreement. In the event of default on any or all sums payable
hereunder, said delinquent amounts owing shall bear interest at
the rate of ten per cent (10%) per annum from the date same are
due or declared due, until paid.
I. "Installation of Service" as used herein, shall mean
that electrical facilities are available at a property line of a
unit served hereunder, but does not necessarily mean that a service
lateral has been run to the unit, nor that minor miscellaneous
adjustments may not be required for electrical operation.
"Substantially Complete", as used herein, shall mean
that "Installation of Service", as defined above is substantially
complete and that facilities installed hereunder are capable of
providing electric service, although possibly requiring minor
miscellaneous adjustments.
"Designed" as used herein, shall include but not be limited
to the engineering, planning and choice of materials with regard
to Company's installation of facilities hereunder. The location
of facilities to be installed by Company as shown on the attached
print marked "Exhibit A" is approximate only and actual installation
may vary therefrom. Routing or location of electric facilities
may differ from such print due to terrain, natural features and
47-31
-5-
32
other utility installations, to provide adequate electric service
or to avoid difficulty, expense cr delay in construction; provided,
however, that transformers will be installed at the approximate
locations shown on the attached print and all Company facilities,
except service lines and meters, will be installed in streets,
alleys and easements.
"Minor miscellaneous adjustments" as used herein include,
but are not limited to:
1. Connection to or within electrical apparatus.
2. Energizing of switching devices.
3. Replacing terminating cabinets with
pad-mounted transformers.
J. Customer agrees to pay reasonable attorney's fees and
other expenses incurred by Company in effecting collection of
any amounts due hereunder not received by Company under the terms
of this agreement. Waiver by Company of any default shall not
be deemed a waiver of any other default. This contract constitutes
the entire agreement between the parties and no modification hereof
shall be valid in any event, and Customer expressly waives the
right to rely thereon,unless made in writing and signed by Company.
Any provisions of this agreement prohibited by applicable law shall
be ineffective to the extent of such prohibition without invalidating
any other provision of this agreement.
K. Upon signing this agreement, Company will proceed
diligently to obtain the necessary materials for installation of
underground facilities as provided herein but may, at its option,
delay the beginning of installation of said underground facilities,
other than those facilities under surfaces as set forth in
Paragraph "D" hereof, until the later of (1), sixty (60) days after
-6- 47-32
' ', ' 33
Company's acceptance of this agreement, or (2) ten days after the
date on which paving all streets and alleys within the area served
hereunder is complete and totally accepted by the City of Nacogdoches
Texas, pursuant to said City's regulations governing such installation,
and written confirmation thereof is received by Company. Company
shall not be held liable for any delay occasioned by shortage of
materials, labor disputes, adverse weather conditions, Governmental
action, Federal, State or local laws and regulations, or any and all
other causes beyond'. Company' s control, or delays caused by or at the
request of Customer.
L. All sums due hereunder are payable at Company's offices
in Dallas County, Texas.
M. Miscellaneous Provisions: Notwithstanding the foregoing
provisions relating to the installation of street lights, Customer,
at present, does not desire Company to engage in street light installation.
The parties agree that should Customer so desire such installation
subsequent to the date of acceptance herein, that Company's installation
of street lights on Customer's aforementioned property shall be the
subject of a future and separate written agreement in all things
pertaining thereto.
Board of Regents, Stephen F.
Austin state University
Customer
.■■■)
TEXAS POWER & LIGHT COMPANY
Company
By^
/A
M- j / j , c-
Homer Bryce ;
Chairman, Board of Regents
Title
By
Nacogdoches
A
District Manager
71
Date/or /Acceptance
(to be filled' in by District Manage
47-33
— "7 —
34
80-31
Upon motion of Regent Perkins, seconded by Regent Todd, with all members
voting aye, it was ordered that the Architectural Services Agreement
with Kent-Marsellos-Scott, Lufkin, Texas, for planning and supervising
the construction of a Forestry facility, be approved and the Chairman
of the Board be authorized to sign the contract.
47-34
35
CONTRACT FOR ARCHITECTURAL SERVICES
CITY OF NACOGDOCHES
THE STATE OF TEXAS
COUNTY OF NACOGDOCHES
THIS AGREEMENT made as of the Twenty Seventh day of October in
the year Nineteen Hundred and Seventy Nine 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:
INSTRUCTIONAL LABORATORIES FOR FORESTRY
The Owner and the Architect agree as set forth below.
NOW, THEREFORE, the Owner and the Architect for the considerations
hereinafter set forth agree as follows:
I. The Architect Shall provide professional services for the Project in
accordance with the Terms and Conditions of this Agreement.
II. The Owner shall compensate the Architect in accordance with the
Terms and Conditions of this Agreement as stated in Article 14.
All such payments and every payment herein provided shall be
from Ad Valorum tax 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:
47-35
36
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 .
47-36
-2-
37
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
47-37
-3-
38
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 ;r the absence of a final Certificate for
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Payment or of such due date, sixty days after the Date of Substantial
Completion of the Work, whichever occurs first.
1.5.2 Unless otherwise provided in this Agreement and incorporated in the
Contract Documents, the Architect shall provide administration of the
Contract for Construction as set forth below and in the edition of AIA
Document A201, General Conditions of the Contract for Construction,
current as of the date of this Agreement.
1.5.3 The Architect shall be a representative of the Owner during the Construc
tion Phase, and shall advise and consult with the Owner. Instructions
to the Contractor shall be forwarded through the Architect. The Architect
shall have authority to act on behalf of the Owner only to the extent pro
vided in the Contract Documents unless otherwise modified by written
instrument in accordance with Subparagraph 1.5.16.
1.5.4 The Architect shall visit the site at intervals appropriate to the stage of
construction or as otherwise agreed by the Architect in writing to become
generally familiar with the progress and quality of the Work and to determine
in general if the Work is proceeding in accordance with the Contract
Documents. However, the Architect shall not be required to make
exhaustive or continuous on-site inspections to check'the quality or
quantity of the Work. On the basis of such on-site observations as an
Architect, the Architect shall keep the Owner informed of the progress
and quality of the work, and shall endeavor to guard the Owner against
defects and deficiencies in the Work of the Contractor.
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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
with the Contract Documents upon Substantial Completion, to the results
of any subsequent tests required by or performed under the Contract
Documents, to minor deviations from the Contract Documents correctable
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prior to completion, and to any specific qualifications stated in the
Certificate for Payment); and that the Contractor is entitled to
payment in the amount certified. However, the issuance of a
Certificate for Payment shall not be a representation that the Architect
has made any examination to ascertain how and for what purpose
the Contractor has used the moneys paid on account of the Contract
Sum.
1.5.9 The Architect shall be the interpreter of the requirements of the Contract
Documents and the judge of the performance thereunder by both the
Owner and Contractor. The Architect shall render interpretations
necessary for the proper execution or progress of the Work with reasonable
promptness on written request of either the Owner or the Contractor,
and shall render written decisions, within a reasonable time, on all
claims, disputes and other matters in question between the Owner and
the Contractor relating to the execution or progress of the Work or the
interpretation of the Contract Documents.
1.5.10 Interpretations and decisions of the Architect shall be consistent with
the intent of and reasonably inferable from the Contract Documents and
shall be in written or graphic form. In the capacity, of interpreter and
judge, the Architect shall endeavor to secure faithful performance by
any interpretation or decision rendered in good faith in such capacity.
1.5.11 The Architect's decisions in matters relating to artistic effect shall be
final if consistent with the intent of the Contract Documents. The
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Architect's decisions on any other claims, disputes or other matters-, includ
ing those in question between the Owner and the Contractor, shall be
subject to arbitration as provided in this Agreement and in the Contract
Documents .
1.5.12 The Architect shall have authority to reject Work which does not
conform to the Contract Documents. Whenever, in the Architect's
reasonable opinion, it is necessary or advisable for the implementation
of the intent of the Contract Documents, the Architect will have author
ity to require special inspection or testing of the Work in accordance
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 conformant 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.
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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 se.t 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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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 burveys, site evaluations, environmental studies
or comparative studies of prospective sites, and preparing special
surveys, studies and submissions required for approvals of govern
mental authorities or others having jurisdiction over the Project.
1.7.4 Providing services relative to future facilties, systems and equipment
which are not intended to be constructed during the Construction Phase.
1.7.5 Providing services to investigate existingconditions 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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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.
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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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ARTICLE 2
THE OWNER'S RESPONSIBILITIES
2.1 The Owner shall provide full information regarding requirements for
the Project including a program, which shall set forth the Owner's design
objectives, constraints and criteria, including space requirements and
relationships, flexibility and expandability, special equipment and
systems and site requirements.
2.2 If the Owner provides a budget for the Project it shall include contingen
cies for bidding, changes in the Work during construction, and other
costs which are the responsibility of the Owner, including those des
cribed in this Article 2 and in Subparagraph 3.1.2. The Owner shall,
at the request of the Architect, provide a statement of funds available
for the Project, and their source.
2.3 The Owner shall designate, when necessary, a representative authorized
to act in the Owner's behalf with respect to the Project. The Owner or
such authorized representative shall examine the documents submitted
by the Architect and shall render decisions pertaining thereto promptly,
to avoid unreasonable delay in the progress of the Architect's services.
2.4 The Owner shall furnish a legal description and a certified land survey of
the site, giving, as applicable, grades and lines of streets, alleys,
pavements and adjoining property; rights-of-way, restrictions, easements,
encroachments, zoning, deed restrictions, boundaries and contours of
the site; locations, dimensions and complete data pertaining to
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existing buildings, other improvements and trees; and full informa
tion concerning available service and utility lines both public and
private, above and below grade including inverts and depths.
2.5 The Owner shall furnish the services of soil engineers or other con
sultants when such services are deemed necessary by the Architect.
Such services shall include test borings, test pits, soil bearing values,
percolation tests, air and water pollution tests, ground corrosion and
resistivity tests, including necessary operations for determining sub
soil, air and water conditions, with reports and appropriate professional
recommendations.
2.6 The Owner shall furnish structural, mechanical, chemical and other
laboratory tests, inspections and reports as required by law or the
Contract Documents.
2.7 The Owner shall furnish all legal, accounting and insurance counseling
services as may be necessary at any time for the Project, including
such auditing services as the Owner may require to verify the Con
tractor's Applications for Payment or to ascertain how or for what pur
poses the Contractor uses the moneys paid by or on behalf of the Owner.
2.8 The services, information, surveys and reports required by Paragraphs
2.4 through 2.7 inclusive shall be furnished at the Owner's expense, and
the Architect shall be entitled to rely upon the accuracy and completeness
thereof.
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2.9 If the Owner observes or otherwise becomes aware of any fault
or defect in the Project or nonconformance with the Contract Documents,
prompt written notice thereof shall be given by the Owner to the
Architect.
2.10 The Owner shall furnish required information and services and shall
render approvals and decisions as expeditiously as necessary for the
orderly progress of the Architect's services and of the Work.
ARTICLE 3
CONSTRUCTION COST
3.1 DEFINITION
3.1.1 The Construction Cost shall be the total cost or estimated cost to the
Owner of all elements of the Project designed or specified by the
Architect.
3.1.2 The Construction Cost shall include at current market rates, including
a reasonable allowance for overhead and profit, the cost of labor and
materials furnished by the Owner and any equipment which.has been
designed, specified, selected or specially provided for by the Architect.
3.1.3 Construction Cost does not include the compensation of the Architect
and the Architect's consultants, the cost of the land, rights-of-way,
or other costs which are the responsibility of the Owner as provided in
Article 2 .
3.2 RESPONSIBILITY FOR CONSTRUCTION COST
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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 Architect's best judgment
as a design professional familiar with the construction industry. It is
recognized, however, that neither the Architect nor the Owner has
control over the cost of labor , materials or equipment, over the Contractor's
methods of determining bid prices, or over competitive bidding, market
or negotiating conditions. Accordingly, the Architect cannot and does
not warrant or represent that bids or negotiated prices will not vary
from the Project budget proposed, established or approved by the
Owner, if any, or from any Statement or Probable Construction Cost or
other cost estimate or evaluation prepared by the Architect.
3.2.2 No fixed limit of Construction Cost shall be established as a condition
of this Agreement by the furnishing, proposal or establishment of a
Project budget under Subparagraph 1.1.2 or Paragraph 2 .2 or otherwise,
unless such fixed limit has been agreed upon in writing and signed by
the parties hereto. If such a fixed limit has been established, the
Architect shall be permitted to include contingencies for design, bidding
and price escalation, to determine what materials, equipment, component
systems and types of construction are to be included in the Contract
Documents, to make reasonable adjustments in the scope of the Project
and to include in the Contract Documents alternate bids to adjust the
Construction Cost to the fixed limit. Any such fixed limit shall be
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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 uf 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 ^n 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 lor arbitration shall be filed in writing with the
other party to this Agreement and with the American Arbitration Associa
tion. The demand shall be made within a reasonable time after the claim,
dispute or other matter in question has arisen. In no event shall the
demand for arbitration be made after the date when institution of legal
or equitable proceedings based on such claim, dispute or other matter
in question would be barred by the applicable statute of limitations.
9.3 The award rendered by the arbitrators shall be final, and judgment
may be entered upon it in accordance with applicable law in any court
having jurisdiction thereof.
ARTICLE 10
TERMINATION OF AGREEMENT
10.1 This Agreement may be terminated by either party upon seven days1
written notice should the other party fail substantially to perform in
accordance with its terms through no fault of the party initiating the
termination .
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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:
New work Seven per cent (7%) of the Construction Cost.
Remodeling Nine and 31/100 percent (9.31%) o£ 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 $55.00 per hour. For
the purpose of this agreement the principals are:
Wilbur Kent
Floyd Marsellos
Ray Scott
Employees time (other than principals) at a multiple of 2-1/2
times the employee's Direct Personnel Expense as defined in
Article 4.
14.2.2 FOR ADDITIONAL SERVICES OF CONSULTANTS, including additional
structural, mechanical and electrical engineering services and those
provide under Subparagraph 1.7.21 or identified in Article 15 as part
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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
other items included in Article 15 as Reimbursable Expenses, a multiple
of (1.0) times the amounts expended by the Architect, the Architect's
employees and consultants in the interest of the Project.
14.4 Payments due the Architect and unpaid under this Agreement shall
bear interest beginning sixty days from the date payment is due at the
rate of 6%.
14.5 The Owner and the Architect agree in accordance with the Terms and
Conditions of this Agreement that:
14.5.1 IF THE SCOPE of the Project or of the Architect's Services is changed
materially, the amounts of compensation shall be equitably adjusted.
ARTICLE 15
STATEMENT OF CERTIFICATION
The Texas Board of Architectural Examiners, 5555 N. Lamar Blvd. ,
Bldg. H-117, Austin, Texas 78751, Phone: 512-458-1363, has
jurisdiction over individuals licensed under the Architects
Registration Law, Article 249a, VTCS.
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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
ATTEST:
Secretary
r'Mr,,,,. -74' , i.
President of the Board
KENT, MARSELLOS AND SCOTT
ARCHITECTS-ENGINEERS
By
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Upon motion of Regent Perkins, seconded by Regent Todd, with all members
voting aye, it was ordered that the Architectural Services Agreement
with Kent-Marsellos-Scott, Lufkin, Texas, for planning and supervising
the construction of an Art Studios facility, be approved and the Chair
man of the Board be authorized to sign the contract.
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CONTRACT FOR ARCHITECTURAL SERVICES
CITY OF NACOGDOCHES
THE STATE OF TEXAS
COUNTY OF NACOGDOCHES
THIS AGREEMENT made as of the Twenty Seventh day of October in
the year Nineteen Hundred and Seventy Nine and between the BOARD OF
REGENTS STEPHEN F. AUSTIN STATE UNIVERSITY, NACOGDQCHES,
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:
INSTRUCTIONAL FACILITIES FOR ART
The Owner and the Architect agree as set forth below.
NOW, THEREFORE, the Owner and the Architect for the considerations
hereinafter set forth agree as follows:
I. The Architect Shall provide professional services for the Project in
accordance with the Terms and Conditions of this Agreement.-
H« 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 Ad Valorum Tax 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:
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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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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 Desigi Development Documents and any further
adjustments in the scope of quality of the Project or in the Project budget
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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
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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 m the
Contract Documents, the Architect shall provide administration of the
Contract for Construction as set forth below and in the edition of AIA
Document A201, Ceneral 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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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
with the Contract Documents upon Substantial Completion, to the results
of any subsequent tests required by or performed under the Contract
Documents, to minor deviations from the Contract Documents correctable
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prior to completion, and to any specific qualifications stated in the
Certificate for Payment); and that the Contractor is entitled to
payment in the amount certified. However, the issuance of a
Certificate for Payment shall not be a representation that the Architect
has made any examination to ascertain how and for what purpose
the Contractor has used the moneys paid on account of the Contract
Sum.
1.5.9 The Architect shall be the interpreter of the requirements of the Contract
Documents and the judge of the performance thereunder by both the
Owner and Contractor. The Architect shall render interpretations
necessary for the proper execution or progress of the Work with reasonable
promptness on written request of either the Owner or the Contractor,
and shall render written decisions, within a reasonable time, on all
claims, disputes and other matters in question between the Owner and
the Contractor relating to the execution or progress of the Work or the
interpretation of the Contract Documents.
1.5.10 Interpretations and decisions of the Architect shall be consistent with
the intent of and reasonably inferable from the Contract Documents and
shall be in written or graphic form. In the capacity of interpreter and
judge, the Architect shall endeavor to secure faithful performance by
any interpretation or decision rendered in good faith in such capacity.
1.5.11 The Architect's decisions in matters relating to artistic effect shall be
final if consistent with the intent of the Contract Documents. The
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Architect's decisions on any other claims, disputes or other matters-, includ
ing those in question betv/een the Owner and the Contractor, shall be
subject to arbitration as provided in this Agreement and in the Contract
Documents .
1.5.12 The Architect shall have authority to reject Work which does not
conform to the Contract Documents. Whenever, in the Architect's
reasonable opinion, it is necessary or advisable for the implementation
of the intent of the Contract Documents, the Architect will have author
ity to require special inspection or testing of the Work in accordance
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 charges 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.
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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 se.t 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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1.7 ADDITIONAL SERVICES
The following Services are not included in Basic Services unless so
identified in Article 15. They shall be provided if authorized or con
firmed in writing by the Owner, and they shall be paid for by the
Owner as provided in this Agreement, in addition to the compensation
for Basic Services.
1.7.1 Providing analyses of the Owner's needs, and programming the re
quirements of the Project.
1.7.2 Providing financial feasibility or other special studies.
1.7.3 Providing planning surveys, site evaluations, environmental studies
or comparative studies of prospective sites, and preparing special
surveys, studies and submissions required for approvals of govern
mental authorities or others having jurisdiction over the Project.
1.7.4 Providing services relative to future facilties, systems and equipment
which are not intended to be constructed during the Construction Phase.
1.7.5 Providing services to investigate existing.conditions or facilities or to
make measured drawings thereof, or to verify the accuracy of drawings
or other information furnished by the Owner,
1.7.6 Preparing documents of alternate, separate or sequential bids or pro
viding extra services in connection with bidding, negotiation or con
struction prior to the completion of the Construction Documents Phase,
when requested by the Owner.
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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.
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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 extensxve 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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ARTICLE 2
THE OWNER'S RESPONSIBILITIES
2.1 The Owner shall provide full information regarding requirements for
the Project including a program, which shall set forth the Owner's design
objectives, constraints and criteria, including space requirements and
relationships, flexibility and expandability, special equipment and
systems and site requirements.
2.2 If the Owner provides.a budget for the Project it shall include contingen
cies for bidding, changes in the Work during construction, and other
costs which are the responsibility of the Owner, including those des
cribed in this Article 2 and in Subparagraph 3.1.2. The Owner shall,
at the request of the Architect, provide a statement of funds available
for the Project, and their source.
2.3 The Owner shall designate, when necessary, a representative authorized
to act in the Owner's behalf with respect to the Project. The Owner or
such authorized representative shall examine the documents submitted
by the Architect and shall render decisions pertaining thereto promptly,
to avoid unreasonable delay in the progress of the Architect's services.
2.4 The Owner shall furnish a legal description and a certified land survey of
the site, giving, as applicable, grades and lines of streets, alleys,
pavements and adjoining property; rights-of-way, restrictions, easements,
encroachments, zoning, deec restrictions, boundaries and contours of
the site; locations, dimensions and complete data pertaining to
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existing buildings, other improvements and trees; and full informa
tion concerning available service and utility lines both public and
private, above and below grade including inverts and depths.
2.5 The Owner shall furnish the services of soil engineers or other con
sultants when such services are deemed necessary by the Architect.
Such services shall include test borings, test pits, soil bearing values,
percolation tests, air and water pollution tests, ground corrosion and
resistivity tests, including necessary operations for determining sub
soil, air and water conditions, with reports and appropriate professional
recommendations.
2.6 The Owner shall furnish structural, mechanical, chemical and other
laboratory tests, inspections and reports as required by law or the
Contract Documents.
2.7 The Owner shall furnish all legal, accounting and insurance counseling
services as may be necessary at any time for the Project, including
such auditing services as the Owner may require to verify the Con
tractor's Applications for Payment or to ascertain how or for what pur
poses the Contractor uses the moneys paid by or on behalf of the Owner.
2.8 The services, information, surveys and reports required by Paragraphs
2.4 through 2.7 inclusive shall be furnished at the Owner's expense, and
the Architect shall be entitled to rely upon the accuracy and completeness
thereof.
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2*9 If the Owner observes or otherwise becomes aware of any fault
or defect in the Project or nonconformance with the Contract Documents,
prompt written notice thereof shall be given by the Owner to the
Architect.
2.10 The Owner shall furnish required information and services and shall
render approvals and decisions as expeditiously as necessary for the
orderly progress of the Architect's services and of the Work.
ARTICLE 3
CONSTRUCTION COST
3.1 DEFINITION
3.1.1 The Construction Cost shall be the total cost or estimated cost to the
Owner of all elements of the Project designed or specified by the
Architect.
3.1.2 The Construction Cost shall include at current market rates, including
a reasonable allowance for overhead and profit, the cost of labor and
materials furnished by the Owner and any equipment which.has been
designed, specified, selected or specially provided for by the Architect.
3.1.3 Construction Cost does not include the compensation of the Architect
and the Architect's consultants, the cost of the land, rights-of-way,
or other costs which are the responsibility of the Owner as provided in
Article 2 .
3.2 RESPONSIBILITY FOR CONSTRUCTION COST
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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 Architect's best judgment
as a design professional familiar with the construction industry. It is
recognized, however, that neither the Architect nor the Owner has
control over the cost of labor, materials or equipment, over the Contractor's
methods of determining bid prices, or over competitive bidding, market
or negotiating conditions. Accordingly, the Architect cannot and does
not warrant or represent thai 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, (3.1 if the Project is abandoned, terminate in
accordance with Paragraph JO.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 lor Additional Services.
6.1.3 Wh-n 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 days1
written notice should the other party fail substantially to perform in
accordance with its terms through no fault of the party initiating the
termination .
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10.2 This Agreement may be terminated by the Owner upon at least seven
days' 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 h>e 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 occuri ing 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:
New work Seven per cent (7%) of the Construction Cost.
Remodeling Nine and 31/100 percent (9.31%) of Construction Cost.
14.1.2 Where compensation is based on a Stipulated Sum or Percentage of
Construction Cost, payments for Basic Services shall be made as pro
vided in Subparagraph 6.1.2, so that Basic Compensation for each
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Phase shall equal the following1 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 Phas