Minutes of Board of Regents of Stephen F. Austin State University. 1971, Volume No. 7

              MINUTES OF
Board of Regents
of
Stephen f. Austin State University
VOLUME NO. 7
JULY 31, 1971
INDEX
Minutes of the Meeting of the Board of Regents
of Stephen F. Austin State University
held at Huxley Bay, Toldeb Bend Dam, Texas on
July 31, 1971
VOLUME NO. .7
71-47 Approval of Minutes of Previous Meeting T5
71-48 Report of Curfew Committee 7-2
71-49 Report of Faculty Relations Committee 7-2
71-50 Change of Name from Faculty Relations Committee to
Employment Policies Committee 7-2
71-51 Appointment of Members for the Employment Policies Committee 7-2
71-52 Faculty and Staff Appointments 7-3
71-53 Summer Faculty and Staff Appointments 7-7
71-54 Approval of Promotions 7-9
71-55 Acceptance of Resignations 7-10
71-56 Approval of Retirement 7-13
71-57 Approval of Changes of Status 743
71-58 Approval of Returns from Leave 7-16
71-59 Approval of Leaves of Absence 7-16
71-60 Approval of Curriculum Changes 7-17
71-61 Approval of Operating Budget Adjustments 7-21
71-62 Approval of 1971-72 Operating Budget 7-22
71-63 Approval of Authorization to Purchase Desks and
Chests of Drawers 7-22
71-64 Adoption of Guidelines Governing Chartered Aircraft 7-22
71-65 Approval of Resolution Authorizing Abandonment of
Dormitories 4 and 6 7-23
71-66 Adoption of Revised Traffic and Parking Regulations 7-25
71-67 Approval of Revised Fiscal Regulations 7-25
71-68 Approval of Master Plan for Long Range Campus Development 7-25
71-69 Approval of Change Order No. 2 - Clock and Bell System 7-25
71-70 Approval of Contracts with Nacogdoches Independent
School District 7-25
71-71 Approval of Architectural Agreement - Additions to the
University Center 7-29
71-72 Approval of Architectural Agreement - Austin Building
Renovation Phase IV , 741
71-73 Approval of Architectural Agreement - Parking Lot and
Re-topping of Streets 7-54
71-74 Approval of Architectural Agreement - Stadium 7-66
71-75 Appointment of Stadium Planning Committee 7-75
71-76 Approval of Contract for Construction of Parking Lot
and Re-topping of Streets 7-75
71-77 Approval of Appropriation to National Defense Education Fund 7-85
INDEX Page 2
Page
71-77 Approval of Appropriation to National Defense Education
Fund 7-85
71-78 Approval of Select Student Scholarship Fund Guidelines 7-85
71-79 Approval of Tuition and Salary for Extension Courses 7-85
r71-80 Authorization for President to Approve Travel Vouchers
for University Personnel 7-85
-71-81 Authorization for Secretary of Board to Approve Travel
Vouchers for Board Members 7-85
^71-82 Authorization to Locate Pay Telephones in University 7-85
71-83 Naming of Depository Banks and Contracts 7-85
71-84 Approval of Recommendations for Authorized and
Unauthorized Absences 7-59
71-85 Appropriation to Maintain the Office of Ex-Student Records 7-99
71-86 Appointment of Dean of Student Life 7-99
71-87 Authorization for University to Sell Property for Removal -
1600 Baker Street 7-99
71-88 Authorization to Accept Bids for Replacement Water
Filtering System for Swimming Pool 7-99
71-89 Acceptance of Resignation of Dr. Blanche Phillips 7-99
MINUTES OF THE MEETING OF THE BOARD OF REGENTS OF
STEPHEN F. AUSTIN STATE UNIVERSITY
HELD AT HUXLEY BAY, TOLEDO BEND DAM, TEXAS
July 31, 1971
The meeting was called to order by R. E. McGee, Chairman of the
Board of Regents, at nine o'clock a.m., July 31, 1971.
PRESENT:
Members: Mr. R. E. McGee of Houston
Mr. Robert C. Gray of Austin
Mrs. Lera Thomas of Houston
Mr. Douglas Bergman of Dallas
Mr. Walter Todd of Dallas
Mr. Roy Maness of Beaumont
Mr. Joe Bob Golden of Jasper
Mr. Sam Tanner of Beaumont
Mr. James I. Perkins of Rusk
PRESENT:
Mr. C. G. Haas of Nacogdoches, Secretary
Dr. R. W. Steen, President of the University
71-47
Upon motion of Regent Maness, seconded by Regent Perkins, with all
Regents voting aye, it was ordered that the minutes of the meeting
of April 30-May 1, be approved.
71-48
Upon motion of Regent Gray, seconded by Regent Tanner, the recom
mendations of the Committee on Dormitory Curfew were approved as
follows:
The dormitories for single women students will be
secured at twelve o'clock midnight on week days and
two o'clock a.m. on week ends, after which time
students over 18 years of age living in those dorms
will be let in by the campus security who will keep
a record of such individuals. After three late
admissions the Dean of Student Life's office will
advise the parents of that student about the student's
late return to the campus.
71-49
Upon motion of Regent Todd, seconded by Regent Perkins, with all
Regents voting aye, it was ordered that the report and recommendation
of the Faculty Relations Committee be approved as follows:
The Committee will be composed of three members
appointed by the Chairman, who will appoint one
of such members as Chairman of the Committee.
The Committee will concern itself with policies
of employment and such other matters that may
be brought before it pertaining to university
personnel.
Meetings of the Committee will be called by
the Chairman of the Committee upon a showing
of necessity by either the members of the
Committee or the President of the University.
71-50
Upon motion of Regent Perkins, seconded by Regent Gray, with all
Regents voting aye, it was ordered that the Committee on Faculty
Relations name be changed to Employment Policies Committee.
71-51
Upon motion of Regent Todd, seconded by Regent Gray, with all
Regents voting aye, it was ordered that the appointment by the
Chairman of the Board of the following members for the Employment
Policies Committee be approved as follows:
Regent Golden, Chairman
Regent Maness, Member
Regent Tanner, Member
7-2
71-52
Upon motion of Regent Todd, seconded by Regent Tanner, with all
Regents voting aye, it was ordered that the following individuals
be employed for the positions, dates and salaries indicated:
1. Department of Accounting
Mr. Bertin E. Howard, 33, M.B.A. (Lamar State College
of Technology), Instructor of Accounting at a salary rate
of $9,000 for nine months, effective Fall Semester 1971.
Mr. John William Meredith, 33, M.B.A. (Southern Methodist
University), Assistant Professor of Accounting at a salary
rate of $11,000 for nine months, effective Fall Semester 1971.
2. Department of Chemistry
Mr. John Thomas Moore, 24, M. S. (Furman University),
Instructor of Chemistry at a salary rate of $8,000 for nine
months, effective Fall Semester 1971.
3. Department of Computer Science
Mr. Jarre11 Craven Grout, 31, M.C.S. (Texas ASM
University; Ph.D. expected from Texas A£M University by
Spring Semester 1972), Assistant Professor and Acting Head
of the Department of Computer Science at a salary rate of
$13,500 for nine months, effective Spring Semester 1972.
Mrs. Camille Cook Price, 25, M. A. (University of Texas),
Instructor of Computer Science at a salary rate of $4,000
for four and one half months, effective Fall Semester 1971.
4. Department of Economics
Mr. George Ellis Ott, 34, M.S. (Rutgers University),
Instructor of Economics at a salary rate of $10,000 for
nine months, effective Fall Semester 19710
5. Department of English and Journalism
Mr. John Page Coates, 25, M. A. (Arizona State University),
Instructor of English at a salary rate of $7,500 for nine
months, effective Fall Semester 1971.
Mrs. Melissa Freeman, 25, B. A. (Stephen F. Austin State
University; M.A. expected from Stephen F. Austin State Uni
versity by Fall 1971), Graduate Interne in English at a salary
rate of $7,200 for nine months, effective Fall Semester 1971.
7-3
Miss Gaile Ann Haessly, 25, M. A. (Miami University),
Instructor of English at a salary rate of $7,500 for nine
months, effective Fall Semester 1971.
Miss Dixie Deanna Lum, 22, B. A. (Stephen F. Austin
State University; M. A. expected from Stephen F. Austin
State University by Fall 1971), Graduate Interne in English
at a salary rate of $7,200 for nine months, effective Fall
Semester 1971.
Mr. Richard Ladd Kelley, 26, B. A. (North Texas State
University; M. A. expected from Ohio State University by
Fall 1971), Instructor of English at a salary rate of $7,500
for nine months, effective Fall Semester 1971.
Mr. Warren Roberts True, 25, B. A. (Centenary College;
M. A. expected from Stephen F. Austin State University by
Fall 1971), Graduate Interne in English at a salary rate
of $7,200 for nine months, effective Fall Semester 1971.
Miss Frances Sue Tullos, 25, M. A. (University of Texas),
Instructor of English at a salary rate of $7,500 for nine
months, effective fell Semester 1971.
6. Department of Forestry
Mr. Kent Barclay Smith, 27, M. S. (State University of
New York College of Forestry), Instructor of Forestry
(part-time), at a salary rate of $5,600 for nine months,
effective Fall Semester 1971.
Mr. Alan Frederick Button, 31, M. S. (Penn State Uni
versity), Instructor of Forestry (part-time), at a salary
rate of $5,600 for nine months, effective Fall Semester 1971.
Mr. James William Martin, 33, M. A. (Stephen F. Austin
State University), Instructor of Forestry (part-time), at a
salary rate of $5,600 for nine months, effective Fall Semester
1971.
7. Department of Geography
Dr. Dean R. Hodson, 28, Ph.D. (Michigan State University),
Assistant Professor of Geography at a salary rate of $11,500
for nine months, effective Fall Semester 1971.
8. Department of Geology
Mr. Boyd Varnell Dreyer, 29, B. S. (Baylor University;
M. S. expected from Baylor University by Fall 1971),
Instructor of Geology at a salary rate of $8,000 for nine
months, effective Fall Semester 1971.
7-4
Mr. Volker W. Gobel, 30, M. S. (Justus Liebig University;
Ph.D. expected by Fall 1971 from Colorado School of Mines),
Assistant Professor of Geology at a salary rate of $10,700
for nine months, effective Fall Semester 1971.
Dr. Ron R. Anderson, 35, Ph.D. (Texas A§M University),
Assistant Professor of Geology at a salary rate of $10,900
for nine months, effective Fall Semester 1971.
9. Department of History
Mr. James Michael McReynolds, 28, M. A. (Lamar State
College of Technology), Instructor of History at a salary
rate of $9,200 for nine months, effective Fall Semester 1971.
Mr. George Edward Cooper, Jr., 27, M. A. (Pepperdine
College), Instructor of History at a salary rate of $9,500
for nine months, effective Fall Semester 1971.
10. Department of Home Economics
Dr. Gloria E. Durr, 40, Ph.D. (Texas Woman's University),
Professor and Head of the Department of Home Economics at a
salary rate of $16,000 for nine months, effective Fall Semester
1971.
Mrs. Bemice Myers Smith, 49, M. S. (Louisiana Tech
University), Instructor of Home Economics at a salary rate
of $8,500 for nine months, effective Fall Semester 1971.
11. Department of Mathematics
Mr. Ronald Elvin Mayeaux, 24, B. S. (Northwestern State
University; M. S. expected from Northwestern State University
by Fall 1971), Instructor of Mathematics at a salary rate
of $8,000 for nine months, effective Fall Semester 1971.
Mr. Roy Walter Whitmore, 24, B. S. (Texas Tech University;
M. S. expected from Texas Tech University by Fall 1971),
Instructor of Mathematics at a salary rate of $8,000 for nine
months, effective Fall Semester 1971.
12. Department of Music
Mr. Stephen Keith Goacher, 25, M. M. (Texas Christian
University), Instructor of Music at a salary rate of $9,300
for nine months, effective Fall Semester 1971,
Mr. David Hiram Robertson, 30, M. A. (Eastman School of
Music of the University of Rochester), Assistant Professor
of Music at a salary rate of $10,000 for nine months, effec
tive Fall Semester 1971.
7-5
13. Department of Psychology
Mr. Lester W. Bamett, Jr., 35, M. S. (Auburn University;
Ph.D. expected from Texas Christian University by Fall 1971),
Assistant Professor of Psychology (75%) and Sociology (25%),
at a salary rate of $10,500 for nine months; without Ph.D.
salary will be $9,500 for nine months, effective Fall Semester
1971.
Mr. Jerry Duane Williams, 32, M. A. (Stephen F. Austin
State University), Graduate Interne of Psychology at a salary
rate of $7,200 for nine months, effective Fall Semester 1971.
Dr. Larry Edward Beutler, 30, Ph.D. (University of Nebraska),
Assistant Professor of Psychology at a salary rate of $12,750
for nine months, effective Fall Semester 1971.
14. Department of School Services
Mr. Raymond 0. Henke, 37, M. Ed. (Our Lady of the Lake
College; Ed. D. expected from University of Northern Colorado
by Fall Semester 1971), Assistant Professor of School Services
at a salary rate of $11,000 for nine months, effective Fall
Semester 1971.
15. Department of Secondary Education
Dr. Robert Lee Brooks, 28, Ed. D. (North Texas State
University), Assistant Professor of Secondary Education (50%)
and Philemon Project (50%), at a salary rate of $11,000 for
nine months, effective Fall Semester 1971.
16. Department of Sociology
Mr. Wallace John DuChateau, 35, M. A. (Washington State
University; Ph. D. expected from Washington State University
by Fall 1971), Assistant Professor of Sociology at a salary
rate of $11,000 for nine months; without Ph.D. salary rate
will be $10,000 for nine months, effective Fall Semester 1971.
Dr. Leonard J. Hippchen, 47, Ph.D. (State University of
Iowa), Associate Professor of Sociology at a salary rate of
$14,000 for nine months, effective Fall Semester 1971.
Mrs. Joy Bennett Reeves, 33, M. A. (Louisiana State
University), Instructor of Sociology (50%), at a salary rate
of $4,500 for nine months, effective Fall Semester 1971.
7-6
Mr. Samir N. Maamary, 36, M. A. (Michigan State University;
Ph.D. expected from the University of Kentucky by Fall 1971),
Assistant Professor of Sociology at a salary rate of $11,000
for nine months; without Ph.D. salary rate will be $10,000
for nine months, effective Fall Semester 1971.
17. Office of the Registrar
Mr. Dennis P. Jones, 32, Assistant Registrar, at a salary
rate of $8,400 for twelve months, effective May 20, 1971.
18. Dairy Farm
Mr. Asa Edward McClendon, 32, Dairy Farm Manager, at a
salary rate of $6,000 for twelve months, effective April 25,
1971.
19. Student Life Division
Mr. Gene James Burns, 48, Patrolman, Traffic and Security,
at a salary rate of $5,500 for twelve months, effective July
1, 1971.
Mr. Edgar Kirby Darnell, 23, Supervisor, Catering, at a
salary rate of $6,400 for twelve months, effective June 1,
1971.
Mrs. Shirley Francis Sidwell, 30, B. S. (Stephen F. Austin
State University, M.D. (University of Texas, Galveston),
Physician, Health Services, (part-time), at a salary rate of
$2,499.68 for three months, effective May 19, 1971.
71-53
Upon motion of Regent Gray, seconded by Regent Tanner, with all
Regents voting aye, it was ordered that the following individuals
be employed for the positions, dates and salaries indicated:
1. Department of Agriculture
Mr. Robert Reese Martin, short course Assistant Professor
in cooperation with the Texas Education Agency (50%), at a
salary rate of $200 for two weeks, effective June 24, 1971.
Mr. Oran Standley, short course Assistant Professor in
cooperation with the Texas Education Agency at a salary rate
of $400 for two weeks, effective June 25, 1971.
Mr. Oran Standley, short course Assistant Professor in
cooperation with the Texas Education Agency at a salary
rate of $1,820 for one and one-half months, effective July
8, 1971.
7-7
Dr. Thurman Talmadge Thomas, short course Assistant
Professor in cooperation with the Texas Education Agency
(50%), at a salary rate of $1,950 for three months, effec
tive May 31, 1971.
2. Department of Chemistry
Dr. Bennie Frank Walker, Assistant Professor of Chemistry
(50%), at a salary rate of $906.25 for one and one-half months,
effective May 31, 1971.
3. Department of Elementary Education
Mrs. Carol Anne Collum, 25, B. S. (East Texas Baptist
College), Kindergarten Teacher at a salary rate of $1,125
for three months, effective May 31, 1971.
Mrs. Janice Sue Pattillo, Instructor of Elementary Education,
at a salary rate of $2,750 for three months, effective May 31,
1971.
4. Department of English, Journalism, and Philosophy
Mr. James Edward Magruder, Instructor of English (50%),
at a salary rate of $791.67 for one and one-half months,
effective July 8, 1971.
Mr. Phillip Alexander Gallo, Jr., Assistant Professor of
English, at a salary rate of $1,583.33 for one and one-half
months, effective July 8, 1971.
5. Department of History
Miss Diane Elizabeth Prince, 28, M. A. (Stephen F. Austin
State University), Instructor of History at a salary rate of
$1,416.67 for one and one-half months, effective May 31, 1971.
Dr. Vera L. Dugas, Associate Professor of History (50%),
at a salary rate of $1,083.33 for one and one-half months,
effective May 31, 1971.
Dr. Douglas F. McMillan, 30, Ph.D. (University of New
Mexico), Assistant Professor of History, at a salary rate of
$1,750 for one and one-half months, effective May 31, 1971.
6. Department of Management
Mr. Troy A. Hargis, Instructor of Management (50%), at
a salary rate of $787.50 for one and one-half months, effective
July 8, 1971.
7-8
7. Department of School Services
Mr. Raymond 0. Henke, Assistant Professor of School
Services, at a salary rate of $3,666.66 for three months,
effective May 31, 1971.
8. Department of Sociology
Mr. David Lee Petty, Instructor of Sociology, at a salary
rate of $1,416.67 for one and one-half months, effective July
8, 1971.
9. Project Philemon
Dr. Robert Lee Brooks, 28, Ed.D. (North Texas State
University), Assistant Professor, to work full-time with
Project Philemon at a salary rate of $1,833 for one and
one-half months, effective July 8, 1971.
71-54
Upon motion of Regent Maness, seconded by Regent Gray, with all
Regents voting aye, it was ordered that the following promotions
be approved:
1. Department of English, Journalism, and Philosophy
Dr. Stanley Gerald Alexander from Associate Professor
to Professor of English, effective Fall Semester 1971. Dr.
Alexander completed the requirements for promotion and was
recommended by the Dean and the Department Head.
2. Department of Mathematics
Mr. Ennis Donice McCune from Instructor to Assistant
Professor of Mathematics, effective Fall Semester 1971. Mr.
McCune completed the requirements for promotion and was re
commended by the Dean and the Department Head.
3. Department of Music
Mr. Ronald E. Anderson from Instructor to Assistant
Professor of Music, effective Fall Semester 1971. Mr.
Anderson completed the requirements for promotion. His
service proved to be outstanding, and he was recommended
by the Dean and the Department Head.
Dr. Billie Rae Erlings from Assistant Professor to
Associate Professor of Music, effective Fall Semester 1971.
Dr. Erlings completed the requirements for promotion and was
recommended by the Dean and the Department Head.
7-9
4. Department of Office Administration
Mr. Marlin Celeste Young from Instructor to Assistant
Professor of Office Administration, effective Fall Semester
1971. Mr. Young completed the requirements for promotion and
was recommended by the Dean and the Department Head.
5. Department of Psychology
Dr. Walter T. Bourbon from Assistant Professor to
Associate Professor of Psychology, effective Fall Semester
1971. Dr. Bourbon completed the requirements for promotion
and was recommended by the Dean and the Department Head.
71-55
Upon motion of Regent Todd, seconded by Regent Bergman, with all
Regents voting aye, it was ordered that the following resignations
be accepted:
1. Department of Accounting
Mr. Lynn Hugh DeBlance, Instructor of Accounting, effective
May 31, 1971. Mr. DeBlance resigned to accept employment
elsewhere.
Mr. Richmond 0. Bennett, III, Instructor of Accounting,
effective May 31, 1971. Mr. Bennett resigned in order to
continue work toward the doctoral degree.
2. Department of Agriculture
Mr. James Luther Bice, Dairy Farm Manager, effective May
6, 1971. Mr. Bice resigned to enter private business.
3. Department of Economics
Mr. Billy R. Griffith, Instructor of Economics, effective
May 31, 1971. Mr. Griffith resigned to accept employment
elsewhere.
Mr. John Arthur Lewis, Assistant Professor of Economics,
effective July 7, 1971. Mr. Lewis resigned in order to return
to graduate school.
4. Department of English, Journalism, and Philosophy
Dr. James L. Allen, Jr., Professor (Visiting) of English,
effective May 31, 1971. Dr. Allen was employed on a temporary
basis.
7-10
Mrs. Martha Jean Bellamy, Assistant Professor of English,
effective May 31, 1971. Mrs. Bellamy was employed on a
temporary basis.
Mrs. Jaye Jean Colwell, Instructor of English, effective
May 31, 1971. Mrs. Colwell was employed on a temporary basis.
Mrs. Susanna Sheffield Duncan, Instructor of English,
effective May 31, 1971. Mrs. Duncan was employed on a tem
porary basis.
Mrs. Anne Gibbes Solomon, Instructor of English, effective
May 31, 1971. Mrs. Solomon was employed on a temporary basis.
5. School of Forestry
Dr. Krishnaswamy Kadambi, Research Technologist, effective
August 31, 1971. Dr. Kadambi is resigning to return to India.
Mr. Berman Duane Hudson, Instructor of Forestry, effective
August 31, 1971. Mr. Hudson is resigning for personal reasons.
6. Department of Health and Physical Education for Men
Mr. Alfred Barbre, Instructor of Health and Physical
Education for Men and Assistant Basketball Coach, effective
July 15, 1971. Mr. Barbre resigned to accept employment
elsewhere.
Dr. William Jerre Stanley, Professor of Health and Physical
Education for Men, effective August 31, 1971. Dr. Stanley is
resigning for personal reasons.
7. Department of Home Economics
Miss Barbara Kay Dommert, Instructor of Home Economics,
effective June 18, 1971. Miss Dommert resigned to return to
graduate school.
Miss Gwendolyn Schutte, Instructor of Home Economics,
effective July 7, 1971. Miss Schutte resigned to enter
private business.
8. Department of Mathematics
Mr. Don N. Book, Instructor of Mathematics, effective
May 31, 1971. Mr. Book was employed on a temporary basis.
Mr. Eddie C. Wood, Instructor of Mathematics, effective
May 31, 1971. Mr. Wood was employed on a temporary basis.
7- 11
Mr. Charles I. Dorsett, Instructor of Mathematics,
effective May 31, 1971. Mr. Dorsett was employed on a tem
porary basis.
Mr. James E. Gentle, Instructor of Mathematics, effective
May 31, 1971. Mr. Gentle was employed on a temporary basis.
9. Department of Modern Languages
Dr. Mary E. Davis, Assistant Professor of Modern Languages,
effective August 31, 1971. Dr. Davis is resigning to accept
employment elsewhere.
10. Department of School Services
Mr. Jimmy Glenn Ledbetter, Assistant Professor of School
Services, effective May 31, 1971. Mr. Ledbetter resigned in
order to accept employment elsewhere.
11. Department of Sociology
Mr. James Harold Harrison, Instructor of Sociology, effective
May 31, 1971. Mr. Harrison resigned to accept employment elsewhere.
12. Department of Speech
Mr. John E. Christiansen, Instructor of Speech and Theatre
Technician, effective May 31, 1971. Mr. Christiansen was em
ployed on a temporary basis.
13. Registrar's Office
Mr. C. W. Henry, Assistant Registrar, effective May 25,
1971. Mr. Henry resigned in order to,continue his education.
14. Student Life Division
Mr. Gerald Black, Supervisor, Catering, effective June 1,
1971. Mr. Black is returning to school.
Mr. Edwin Raymond Core, M. D., Physician, Health Services,
effective May 13, 1971. Dr. Core is resigning due to illness.
Mr. Richard G. Kenrick, Patrolman, Traffic and Security,
effective April 30, 1971. Mr. Kenrick moved to Arizona.
Mrs. Shirley Francis Sidwell, M.D., Physician, Health
Services, effective June 30, 1971. Dr. Sidwell is resigning to
accept a position at Region VII.
7-12
Mr. Rollin A. Sininger, Ed.D., Dean of Student Life,
effective July 31, 1971. Dr. Sininger is resigning to accept
the position of Vice President for Student Affairs at North
Texas State University.
Mr. Jerry W. Weems, Sergeant, Traffic and Security, ef
fective July 4, 1971. Mr. Weems is resigning to accept another
position.
Mr. William Rodney Short, Supervisor, Craft Shop, effective
July 16, 1971. Mr. Short is relocating to Finland to attend
school.
71-56
Upon motion of Regent Perkins, seconded by Regent Tanner, with all
Regents voting aye, it was ordered that the following retirement be
accepted:
1. Library
Miss Mildred Vivian Wyatt, Special Collections
Librarian, effective August 31, 1971. Miss Wyatt is
retiring due to mandatory age requirements.
71-57
Upon motion of Regent Maness, seconded by Regent Tanner, with all
Regents voting aye, it was ordered that the following changes in
status be accepted:
1. Department of English
Dr. Warren Barker Austin, Professor of English, from
100% teaching in second summer term to resignation for
personal reasons, effective July 8, 1971.
Mrs. Maurice Cecil, Assistant Professor of English,
appointed 50% teaching for second summer term to replace
Dr. Abernethy who asked to have his load reduced 50%,
effective July 8, 1971.
Mr. David Coleman Howard, Instructor of English,
appointed 50% teaching for second summer term as a partial
replacement for Dr. Austin, effective July 8, 1971.
Mr. Ira Jarrell Richman, Assistant Professor of English,
appointed 50% teaching for second summer term as a partial
replacement for Dr. Austin, effective July 8, 1971.
Mr. Carroll Robert Schoenewolf, Assistant Professor of
English, from 100% teaching in first summer term to 50%
teaching in first summer term for personal reasons, effective
May 31, 1971.
743
Mr. Beeman Bentley, Assistant Professor of English,
appointed 50% teaching for first summer term to replace Mr.
Schoenewolf, effective May 31, 1971.
Mr. Harry Miller Solomon, Instructor of English, from
100% teaching in first summer term to resignation for personal
reasons, effective May 31, 1971.
Miss Rosemary Huff, Instructor of English, appointed
100% teaching for first summer term to replace Mr. Solomon,
effective May 31, 1971.
Dr. Philip Rex Kleitz, Assistant Professor of English,
from 100% teaching in first summer term to resignation to
assume another position, effective May 31, 1971.
Mrs. Kathryn Dobbs Morris, Instructor of English,
appointed 100% teaching for first summer term to replace Dr.
Kleitz, effective May 31, 1971.
Mr. Oliver Clarke Foster, Assistant Professor of English,
from 100% teaching in second summer term to resignation to
continue graduate work, effective July 8, 1971.
Dr. Patricia Elinor Read, Assistant Professor of English,
from a salary rate of $1,750 to a salary rate of $875 (50%) for
one and one-half months, effective July 8, 1971. One of the
classes that Dr. Read was scheduled to teach did not materialize,
and she requested that her load be reduced by one class.
2. Department of Geology
Dr. Hershel L. Jones, Assistant Professor of Geology,
from 50% teaching in second summer term to 100% teaching
in second term to replace Dr. Sartin who resigned for personal
reasons, effective July 8, 1971.
Mr. Austin Albert .Sartin, Jr., Assistant Professor of
Geology, from 50% teaching in first summer term to 100%
teaching in first summer term to replace Dr. Vincent who
resigned for personal reasons, effective May 31, 1971.
Mr. Austin Albert Sartin, Jr., Assistant Professor of
Geology, from 50% teaching in second summer term to resigna
tion for personal reasons, effective July 8, 1971.
Dr. Jerry William Vincent, Assistant Professor of
Geology, from 50% teaching in first summer term to resigna
tion for personal reasons, effective May 31, 1971.
744
3. Department of Elementary Education
Mrs. Anna Martha Strybos, Kindergarten Teacher, from
100% teaching in first and second summer terms to resigna
tion to complete graduate work, effective May 31, 1971.
4. Department of Health and Physical Education for Men
Dr. Ronnie Glenn Barra, Assistant Professor of Health
and Physical Education for Men, appointed 50% teaching in
second summer term to replace Dr. Stanley who is on leave,
effective July 8, 1971.
Mr. Andrew Eugene Huffty, Instructor of Health and
Physical Education for Men, appointed 50% teaching in first
summer term to replace Dr. Stanley who is on leave, effective
May 31, 1971.
5. Department of Intramurals and Health and Physical Education
for Men
Mr. Raymond Lee Worsham, Supervisor of Intramurals,
appointed Instructor (50%) for first summer term. Mr. Worsham
was previously appointed as Supervisor of Intramurals 50% each
summer term.
6. Department of Management
Mrs. Janelle C\ Ashley, Assistant Professor of Manage
ment from 100% teaching in second summer term to 50% teaching
in second summer term for personal reasons, effective July
8, 1971.
7. Department of Mathematics
Dr. Russell G. Brasher, Associate Professor of Mathematics,
from 100% teaching in first summer term to resignation for
personal reasons, effective May 31, 1971.
Mr. Joe A. Robbins, Assistant Professor of Mathematics,
appointed 100% teaching in first summer term to replace Dr.
Brasher, effective May 31, 1971.
8. Department of Sociology
Mr. David Lee Petty, Instructor of Sociology, from a
salary rate of $1,416.67 to a salary rate of $708.34 (50%) for
one and one-half months, effective July 8, 1971. One of the
classes that Mr. Petty was scheduled to teach did not materi
alize, and he requested that his load be reduced by one class.
7-15
71-58
Upon motion of Regent Tanner, seconded by Regent Thomas, with all
Regents voting aye, it was ordered that the following returns from
leave be accepted:
1. Department of Mathematics
Miss Jane Fay Ritter, Assistant Professor of Mathematics,
effective Fall Semester 1971. Miss Ritter has been attending
graduate school.
Mr. Jasper E. Adams, Assistant Professor of Mathematics,
effective July 8, 1971. Mr. Adams has been attending graduate
school.
2. Department of Music
Mr. Cody Alan Garner, Assistant Professor of Music, effective
Fall Semester 1971. Mr. Garner has been attending graduate school.
3. Department of Speech
Mr. Thomas Martin Matthys, Assistant Professor of Theatre
and Theatre Technician, effective Fall Semester 1971. Mr. Matthys
has been attending graduate school.
71-59
Upon motion of Regent Perkins, seconded by Regent Thomas, with all
Regents voting aye, it was ordered that the following leaves of
absence be granted:
1. Department of English, Journalism and Philosophy
Mr. William David Whitescarver, Instructor of English, for
the academic year 1971-72, in order that he may continue work
toward the doctoral degree.
Mr. Harry Dale Dawson, Assistant Professor of English, for
the academic year 1971-72, in order that he may continue work
toward the doctoral degree.
Dr. John Joseph Quinn, Professor of English, for the Fall
Semester 1971, in order that he may accept a Fulbright Lecture
ship in Argentina.
2. Department of Music
Mr. Thomas Michael Houston, Instructor of Music, for the
academic year 1971-72 in order that he may complete the residence
requirements for the doctoral degree.
Mr. Gaston Darrell Holt, Assistant Professor of Music,
for the academic year 1971-72, in order that he may complete
the residence requirements for the doctoral degree.
71-60
Upon motion of Regent Todd, seconded by Regent Tanner, with all
Regents voting aye, it was ordered that the following curriculum
items approved by the University undergraduate and graduate curriculum
committees be approved:
COURSES ADDED: (Curriculum Committee)
^Submitted for Graduate Credit also
COURSES TO BE REVISED: (Curriculum Committee)
Title and Credit
Department and
Number
New
No.
Agriculture 113
Agriculture 131
Agriculture 137
Agriculture 141
Agriculture 221
Agriculture 231
Agriculture 235
Agriculture 236
Agriculture 243
Agriculture 331
Agriculture 339
English 343
English 363
^English 450
^English 455
Geology 241
*Geology 461
Military
Science 101
Military
Science 102
*Forestry 409
Political
Science 331
Political
Science 431
Political
Science 434
Political
Science 345
Political
Science 401
*Political
Science 446
Horticulture 3 113
Animal Husbandry 3 131
Poultry Production 3 137
Dairy Farming 3 141
Floriculture for the 221
Home 3
Vegetable Gardening 3 231
Farm Mechanics 3 235
Farm Mechanics 3 236
Animal Husbandry 243
Soils 4 331
Landscape Gardening 3 339
The Drama: Historical 343
Survey 3
Poetry: Historical 363
Survey 3
English Literature: 450
The Twentieth Century 3
Modern American Fic
tion and Drama 3
Mineralogy and Crys
tallography 3
Invertebrate Paleon
tology 3
Defense Establishment I
455
241
361
101
Western Military
History 1
Watershed Management 2 409
International Law 3 441
International Policies 332
3
State and Local Gov- 313
ernment 3
Municipal Government 449
and Administration 3
Political Parties in the
United States 3 312
Administrative Regu- 446
lation 3
New Title and Credit
Introductory Horticulture 3
Introductory Animal Science 3
Poultry Science 3
Dairy Science 3
Floriculture and Floral Design 3
Vegetable Production 3
Agriculture Mechanics I, 3
Agriculture Mechanics II, 3
Principles of Animal
Production 3
Soil Science 4
Ornamental Plant Materials-
Landscaping 3
Modern Drama: American,
British, and Continental 3
Modern Poetry: American and
British 3
English Literature,
1900-1940, 3
American Literature,
1900-1940, 3
Mineralogy 3
Invertebrate Paleon
tology 3
Defense Establishment 2
102 Western Military History 2
Watershed Management 3
International Law 3
International Politics 3
State Governments 3
Urban Affairs 3
Political Parties in the
United States 3
Comparative Admini
stration 3
^Submitted for Graduate Credit also
7-18 .
Department and
Number
^Mathematics 420
*HPE 427
Office Admini
stration 347
*Office Admini
stration 447
English 121
Modern Languages
(French) 209
Modern Languages
(German) 209
Modern Languages
(Spanish) 209
Modern Languages
(French) 309
Modern Languages
(German) 309
Modern Languages
(Spanish) 309
*Modern Languages
(French) 403
Sociology 331
*Psychology 340
Psychology 492
Title and Credit
New
No.
Theory of Statistics 3 420
History and Principles of 427
Physical Education 3
Business Communications 3 247
New Title and Credit
Mathematical Statistics I, 3
Foundations of Physical
Education 3
Business Communications 3
Business Report Writing 3 447 Executive Communications 3
English Composition for 121
Foreign Students 6
Intermediate French
Conversation 2
Intermediate German
Conversation 2
Intermediate Spanish
Conversation 2
Advanced French
Conversation 2
Advanced German
Conversation 2
Advanced Spanish
Conversation 2
French Literature of the
Nineteenth Century 3
Sociological Aspects of 331
Mental Health 3
Psychology of Per- 440
ception 4
Psychological Sta- 392
tistics 3
209
209
209
309
309
309
403
English Composition for
Foreign Students 3
Intermediate French
Conversation 3
Intermediate German
Conversation 3
Intermediate Spanish
Conversation 3
Advanced French
Conversation 3
Advanced German
Conversation 3
Advanced Spanish
Conversation 3
French Literature from
1850 to 1914, 3
Medical Sociology 3
Psychology of Perception 4
Psychological Statistics 3
COURSES TO BE DELETED: (Curriculum Committee)
Department and Number Title and Credit
*English 473
Accounting 101
Accounting 271
Accounting 281
Accounting 461
Geology 332
Geology 370
*Geology 410
Geology 420
Sociology 243
Modern Languages
(French) 230
Creative Writing
Introduction to Computer Science
Computer Science, I
Computer Science, II
Computer Science, III
Geology of North America
Vertebrate Paleontology
Stratigraphy and Sedimentation
Physical Geochemistry
Urban-Rural Relations
Studies in French Culture and
Civilization
Hours
Credit
3
3
3
3
3
3
4
4
4
3
3
Submitted for Graduate Credit also
Department and Number
Modern Languages
(German) 230
Modern Languages
(Spanish) 230
Modern Languages
(French) 308
Modern Languages
(Independent) 315
Title and Credit
Studies in German Culture and
Civilization
Studies in Hispanic Culture and
Civilization
The Development of the Short
Literary Genres
Greek and Latin Elements in
English
COURSES ADDED: (Graduate Council)
Department and Number Title
Hours
Credit
3
3
3
3
Hours
Credit
COURSES TO BE DELETED:
Department and Number
Political Science 431
Political Science 432
Political Science 434
Political Science 443
Political Science 401
Geology 570
Geology 461
Psychology 492
(Graduate Council)
Hours
Title and Credit Credit
International Politics 3
Contemporary American Foreign Policy 3
State and.Local Governments 3
Communist Governments in Europe 3
Political Parties in the United States 3
Vertebrate Paleontology 4
Invertebrate Paleontology 3
Psychological Statistics 3
71-61
Upon motion of Regent Maness, seconded by Regent Gray, with all Regents
voting aye, it was ordered that the following budget adjustments to the
1970-71 operating budget be approved:
1,
2.
3,
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.
Add $5,316 to 7095 NIH Grant 5E01-AH00665-03
Add $2,000 to 1101-6000 Dairy Farm Student Labor
Add $3,725 to 1101-9000 Dairy Farm Operation § Maintenance
Add $705 to 1102-9000 Beef Farm Operation § Maintenance
Add $310 to 1026-9000 HPE-Men's (Tennis Courts)
Add $5,000 to 1950-9001 Major Repairs (Rusk Building)
Add $8,000 to 5725-9000 Raguet Apartments 200-299 (Air Conditioning
Repairs)
Add $700 to 5615-9001 University Center Activities 0 § M
Add $1,900 to 5615-9001 University Center Activities 0 § M
Add $30,000 to 5580-5000 University Center Cafeteria - Cooks, Waiters, etc
Add $40,000 to 5580-9001 University Center Cafeteria - 0 § M
Add $24,000 to 5770-5001 East College Cafeteria - Cooks, Waiters, etc.
Add $20,000 to 5770-9001 East College Cafeteria - 0 § M
Add $65,000 to 5600-9001 University Center Bookstore - 0 § M
15. Add $204 to 5070-6000 Intramurals - Men, Student Assistants
7-21
71-62
Upon motion of Regent Bergman, seconded by Regent Maness, with all
Regents voting aye, it was ordered that the 1971-72 operating budget
providing for a total estimated income of $16,721,843 and total
expenditures of $16,098,163 be approved as submitted under separate
cover.
71-63
Upon motion of Regent Gray, seconded by Regent Todd, with all
Regents voting aye, it was ordered that the University be
authorized to purchase 106 desks and 106 chests of drawers
for Mays Hall from Trenstyle, Division of Terrill Manufacturing
Company for $13,074.04, and that the same sum be appropriated
from Pledged Property Surplus Funds.
71-64
Upon motion of Regent Perkins, seconded by Regent Bergman, with all
Regents voting aye, it was ordered that the University adopt
guidelines concerning the use of chartered aircraft as recommended
by the Coordinating Board detailed under separate cover.
71-65
Upon motion of Regent Perkins, seconded by Regent Todd, with all
Regents voting aye, it was ordered that the resolution authorizing
the abandonment of Dormitories 4 and 6 and the dismantling thereof
in accordance with the provisions of existing bond resolutions as
prepared by Messrs. McCall, Parkhurst $ Horton, be approved, as
follows:
RESOLUTION AUTHORIZING THE ABANDONMENT OF
DORMITORIES NUMBER 4 AND 6 AND THE DIS
MANTLING THEREOF IN ACCORDANCE WITH PRO
VISIONS OF EXISTING BOND RESOLUTIONS.
THE STATE OF TEXAS I
COUNTY OF NACOGDOCHES I
WHEREAS, Todd Hall (Dormitory No. 4) and Ferguson Hall
(Dormitory No. 6) have become a part of the Housing System of 1962
facilities created by the Board of Regents in the resolution auth
orizing the issuance and sale of Board of Regents of the State
Teachers Colleges, Stephen F. Austin State. College Housing System
Revenue Bonds of 1962, Series A, B, C and D, dated October 1, 1962,
and adopted by the Board on June 8, 1963; and
WHEREAS, the resolution authorizing said Bonds of 1962
provided that the Board may at any time permanently abandon the use
of or sell at fair market value any of its Housing System of 1962
facilities upon compliance with the terms of such resolution governing
such sale or abandonment; and
WHEREAS, it is the desire of the Board that Dormitories
No. 4 and 6 be abandoned; and
WHEREAS, the requirements of the resolution authorizing
the Bonds of 1962 for abandonment can be met; and
WHEREAS, a further lien was placed on the Housing System
of 1962 facilities by the resolution authorizing the issuance of Board
of Regents, State Senior Colleges, Stephen F. Austin State College
Building Revenue Bonds of 1965, Series A and B, dated October 1, 1965,
and adopted on May 19, 1967; and
WHEREAS, such resolution authorizing the Bonds of 1965
established a lien on the revenues of the facilities defined as
MEncumbered Facilities," (subject to the lien securing the said Bonds
of 1962 and other bonds on a parity therewith and other obligations
theretofore paid in full), and Dormitories No. 4 and 6 are included
in such "Encumbered Facilities;" and
7-23
WHEREAS, said resolution authorizing the said Bonds of 1965
set out conditions under which certain of the ''Encumbered Facilities"
including Dormitories No. 4 and 6 may be dismantled; and
WHEREAS, the conditions for such dismantling can be met;
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF REGENTS OF
STEPHEN F. AUSTIN STATE UNIVERSITY:
1. That it is hereby found and determined that the con
ditions set forth in the resolution of the Board authorizing the
issuance of the Bonds of 1965 governing the abandonment of Dormitories
No. 4 and 6 have been met, and it is hereby declared that such Dormi
tories No. 4 and 6 are hereby abandoned and are no longer a part of
the Housing System of 1962 facilities.
2. That in support of such abandonment it is hereby
certified by the Board as follows:
(a) The Board is in full compliance with all covenants
and undertakings in connection with all of-the said Bonds of 1962
which are payable from the revenues of the Housing System of 1962
facilities or any part thereof.
(b) Dormitories No. 4 and 6 are no longer economically
feasible of producing net revenues; and
(c) The estimated net revenues of the remaining Housing
System of 1962 facilities (and all other revenues pledged to such
Bonds of 1962 and bonds issued on a parity therewith) for the next
succeeding fiscal year satisfy the test provided in said resolution
authorizing the Bonds of 1962 governing the issuance of additional
bonds, such test being as follows, to-wit: the estimated pledged
revenues of the remaining facilities of the Housing System of 1962
plus other revenues pledged to such bonds and all bonds on a parity
therewith, for the next preceding fiscal year have been certified
by an independent certified public accountant, employed by the Board
to have been equal to at least one and thirty-five hundredths (1.35)
times the average annual requirements for principal and interest on
the outstanding Bonds of 1962 and all outstanding bonds on a parity
therewith, and the estimated net revenues of the Housing System of
1962 facilities, plus all other pledged revenues, have been determined
by the Chief Financial Officer of the University and approved by the
President of the University and is hereby approved by the Board to be
at least one and thirty-five hundredths (1.35) times the average annual
debt service requirements for the principal of and interest on all
outstanding bonds payable from the revenues of the Housing System of
1962 facilities.
3. That the Board hereby exercises its right reserved
in the resolution authorizing the issuance of the Bonds of 1965 to
dismantle Dormitories No. 4 and 6 in order to provide sites for
other purposes.
That it is hereby found and
same.
5. That such dismantling is hereby ordered.
io* of
lttrns ilrTm-72 be adopted as
separate cover.
S
be approved.
-
poti ^^ rr^;5:;o<
Uri^TTr^tract 5. ««
THE STATE OF TEXAS I
COUNTY OF NACOGDOCHES I KNOW ALL MEN BY THESE PRESENTS:
WHEREAS the Nacogdoches Independent School District wishes to
make certain stipulated use of the athletic facilities of Stephen F.
Austin State University, as enumerated herein.
NOW THEREFORE BE IT KNOWN: That this Agreement is made on this
the 31 day of July in the year of our Lord 1971, between the Board of
Regents of Stephen F. Austin State University, acting for and in behalf
of Stephen F. Austin State University, Nacogdoches, Texas, and known
hereinafter as the Party of the First Part, and the Board of Education
of the Nacogdoches Independent School District, known hereinafter as the
Party of the Second Part, to wit:
1. The Board of Regents of Stephen F. Austin State University
does hereby agree to permit the Nacogdoches Independent School District
to use the Football Field and the Stadium (excluding dressing rooms) at
the Stephen F. Austin State University for the purpose of playing thereon
and therein their regularly matched and scheduled high school varsity
football games.
2. The athletic teams of the Stephen F. Austin State University
shall have the priority rights to the use of all facilities herein in
dicated and involved, and the duly authorized representatives of the
Board of Education of the Nacogdoches Independent School District shall
consult with the Comptroller of the Stephen F. Austin State University
before scheduling any football game, in or on said facilities. It is
the declared intention of both Parties, however, that all matters per
taining to the scheduling of games and events shall be worked out
cooperatively and in a spirit of mutual good will with the understanding,
knowledge, and consent of both Parties involved.
3. It is agreed that the Nacogdoches Independent School District
will limit the number of football games played in said Stadium and on
said Athletic Field to six (6). In addition, no event will be scheduled
in the Stadium on the night preceding the University "Home Coming11 Game.
The only exception to this limit of six (6) games shall be in the case
of a team representing the Nacogdoches Independent School District being
required to play in a district, regional, or championship game or event
extending beyond those regularly scheduled.
4. It is hereby agreed and understood that in renting to the
Nacogdoches Independent School District the aforementioned Stadium
(excluding Dressing Rooms) and Football Field for use as herein in
dicated, the Stephen F. Austin State University will not provide or be
asked to provide, over and above the plants and facilities herein
previously indicated, any athletic equipment or supplies needed by
7-26
teams representing the Nacogdoches Independent School District in
order to play any games or events. The Nacogdoches Independent School
District does herein agree to provide its own teams with all such equip
ment and supplies necessary for the games or athletic contests in which
these teams do and will participate.
5. In football games in which teams representing the Nacogdoches
Independent School District are participants, the Stephen F. Austin State
University does herein agree to permit the duly authorized representatives
of the Nacogdoches Independent School District the free use of any con
cession stands owned by the University at or adjacent to the Stadium and
grounds, and does herein give to the Nacogdoches Independent School
District the full and complete rights for the sale and distribution of
all concessions for all games and athletic contests in which the teams
of said Nacogdoches Independent School District shall participate, and
in which use will be made of the facilities of the Stephen F. Austin
State University herein indicated.
6. In no event shall the Stephen F. Austin State University be
liable for any injury to any person, or property damage incurred during
or in connection with any athletic event, or the use of any facilities
herein indicated, staged by and/or under the supervision of the Board
of Education of the Nacogdoches Independent School District or its
authorized representatives, and the Party of the Second Part does hereby
agree to hold the Party of the First Part harmless for, of, and from all
claims for any such damage which may be incurred.
7. It is agreed that the Nacogdoches Independent School District
will pay to the Stephen F. Austin State University a rental of Three
Hundred Dollars ($300.00) per game, said sum to be due and payable on
or before December 15 of each year of this Agreement.
8. The Stephen F. Austin State University does herein agree
to have a duly authorized representative on hand at each scheduled
use of the Stadium and Football Field, said representative to be
responsible for seeing that the facilities are open and available for
use, and that the lights are turned on and in usable condition. The
University further agrees to replace needed lights that are burned out
in electrical fixtures necessary for the satisfactory use of the
facilities herein indicated.
9. It is further agreed that in the event either Party uses
the electric Scoreboard which is within the stadium grounds, the Party
using the said Scoreboard will pay for any qualified operator necessary
for its use, and it is further agreed by the Board of Education of the
Nacogdoches Independent School District that any individual selected
by it for the operation of said Scoreboard will be approved by the duly
authorized representative of the Stephen F. Austin State University.
Further, it is agreed that each Party will pay for any costs incurred
by it in the use of any radio and/or loud speaker equipment which the
Party using said equipment and material may use in connection with its
scheduled athletic contests.
10. This Contract shall be operative and in effect for a period
of four (4) months from September 1, 1971, to December 31, 1971.
THE BOARD OF REGENTS OF
STEPHEN F. AUSTIN STATE UNIVERSITY
By: /s/ R. E. McGee
Chairman
APPROVED AS TO FORM:
ATTORNEY GENERAL OF TEXAS
BOARD OF EDUCATION OF THE
NACOGDOCHES INDEPENDENT SCHOOL DISTRICT
By: /s/ Branch Patton
President
By: /s/ John Reeves
Assistant Attorney General
7-.9R
71-71
Upon motion of Regent Tanner, seconded by Regent Gray, with all
Regents voting aye, it was ordered that the architectural agree
ment with Kent, Marsellos $ Scott for the design and supervision
of additions and alterations to the University Center be approved
and the Chairman of the Board be authorized to sign the contract,
as follows:
CONTRACT FOR ARCHITECTURAL SERVICES
CITY OF NACOGDOCHES I
THE STATE OF TEXAS I
COUNTY OF NACOGDOCHES I
This Agreement made as of the Thirty-First day of July
in the year Nineteen Hundred and Seventy One 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 and Scott, Architects-Engineers, Lufkin,
Texas, hereinafter called the Architect.'
WITNESSETH, whereas the Owner intends to erect on the
campus of Stephen F. Austin State University, Nacogdoches, Texas,
UNIVERSITY CENTER, PHASE III, hereinafter called the Project.
NOW, THEREFORE, the Owner and the Architect for the con
siderations hereinafter set forth agree as follows:
I. The Architect shall provide professional services for the Project
in accordance with the Terms and Conditions of this Agreement.
II. The Owner shall compensate the Architect in accordance with the
Terms and Conditions of this Agreement as follows:
a) For the Architect's Basic Services seven per cent (7.0%)
of the project construction cost, hereinafter referred to
as the Basic Rate, and such other payments and reimburse
ments as may hereinafter be provided, hit all such payments
and every payment herein provided shall be from proceeds
from Housing System Revenue Bonds available to the Owner for
expenditure for the use and benefit of Stephen F. Austin
State University.
b) For the Architects Additional Services as described in
Paragraph 1.3 Compensation for Principals, employees, and
consultants time as agreed upon between the Owner and the
Architect.
7- 29
c) For the Architect's Reimbursable Expenses, amounts expended
as defined in Article 5.
III. The Architect and the Owner further agree to the following Terms
and Conditions:
ARTICLE 1
ARCHITECT'S SERVICES
1.1 BASIC SERVICES
The Architect's Basic Services consist of the five phases de
scribed below and include normal structural mechanical and
electrical engineering services.
SCHEMATIC DESIGN PHASE
1.1.1 The Architect shall consult with the Owner to ascertain the re
quirements of the project and shall confirm such requirements
to the Owner.
1.1.2 The Architect shall prepare Schematic Design Studies consisting
of drawings and other documents illustrating the scale and re
lationship or Project components for approval by the Owner.
1.1.3 The Architect shall submit to the Owner a Statement of Probable
Construction Cost based on current area, volume or other unit
costs.
DESIGN DEVELOPMENT PHASE
1.1.4 The Architect shall prepare from the approved Schematic Design
studies, for approval by the Owner, the Design Development Documents
consisting of drawings and other documents to fix and describe
the size and character of the entire Project as to structural,
mechanical and electrical systems, materials and such other
essentials as may be appropriate.
1.1.5 The Architect shall submit to the Owner a further Statement of
Probable Construction Cost.
CONSTRUCTION DOCUMENTS PHASE
1.1.6 The Architect shall prepare from the approved Design Development
Documents, for approval by the Owner, Working Drawings and
Specifications setting forth in detail the requirements for the
construction of the entire Project including the necessary
bidding information, and shall assist in the preparation of
bidding forms, the Conditions of the Contract, and the form
of Agreement between the Owner and the Contractor.
7-30
1.1.7 The Architect shall advise the Owner of any adjustments to
previous Statements of Probable Construction Cost indicated
by changes in requirements or general market conditions.
1.1.8 The Architect shall assist the Owner in filing the required
documents for the approval of governmental authorities having
jurisdiction over the Project.
BIDDING OR NEGOTIATION PHASE
1.1.9 The Architect, following the Owner's approval of the Construction
Documents and of the latest Statement of Probable Construction
Cost, shall assist the Owner in obtaining bids or negotiated
proposals, and in awarding and preparing construction contracts.
CONSTRUCTION PHASE - ADMINISTRATION OF THE CONSTRUCTION CONTRACT
1.1.10 The Construction Phase will commence with the award of the Con
struction Contract and will terminate when the final Certificate
for Payment is issued to the Owner.
1.1.11 The Architect shall provide Administration of the Construction
Contract as set forth in Articles 1 through 14 inclusive of the
latest edition of AIA Document A201, General Conditions of the
Contract for Construction, and the extent of his duties and
responsibilities and the limitations of his authority as assigned
thereunder shall not be modified without his written consent.
1.1.12 The Architect, as the representative of the Owner during the
Construction Phase, shall advise and consult with the Owner
and all of the Owner's instructions to the Contractor shall be
issued through the Architect. The Architect shall have authority
to act on behalf of the Owner to the extent provided in the General
Conditions unless otherwise modified in writing.
1.1.13 The Architect shall at all times have access to the Work
wherever it is in preparation or progress.
1.1.14 The Architect shall make periodic visits to the site to
familiarize himself generally with the progress and quality
of the Work and to determine in gpneral if the Work is pro
ceeding in accordance with the Contract Documents. On the
basis of his on-site observations as an architect, he shall
endeavor to guard the Owner against defects and deficiencies
in the work of the Contractor. The Architect shall not be
required to make exhaustive or continuous on-site inspections
to check the quality or quantity of the Work. The Architect
shall not be responsible for construction means, methods,
techniques, sequences or procedures, or for safety precautions
and programs in connection with the Work, and he shall not be
responsible for the Contractor's failure to carry out the Work
in accordance with the Contract Documents.
7-
1.1.15 Based on such observations at the site and on the Contractor's
Applications for Payment, the Architect shall determine the amount
owing to the Contractor and shall issue Certificates for Payment
in such amounts. 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 Sub-paragraph
1.1.14 and on the data comprising the Application for
Payment, that the Work has progressed to the point indicated;
that to the best of the Architect's knowledge, information and
belief, the quality of the Work is in accordance with the Contract
Documents (subject to an evaluation of the Work for conformance
with the Contract Documents upon Substantial Completion, to the
results of any subsequent tests required by the Contract Documents,
to minor deviations from the Contract Documents correctable prior
to completion and to any specific qualifications stated in the
Certificate for Payment); and that the Contractor is entitled
to payment in the amount certified. By issuing a Certificate for
Payment, the Architect shall not be deemed to represent that he
has made any examination to ascertain how and for what purpose
the Contractor has used the moneys paid on account of the
Contract Sum.
1.1.16 The Architect shall be, in the first instance, the interpreter
of the requirements of the Contract Documents and the impartial
judge of the performance thereunder by both the Owner and Con
tractor. The Architect shall make decisions on all claims of
the Owner or Contractor relating to the execution and progress
of the Work and on all other matters or questions related thereto.
The Architect's decisions in matters relating to artistic effect
shall be final if consistent with the intent of the Contract
Documents.
1.1.17 The Architect shall have authority to reject Work which does not
conform to the Contract Documents. Whenever, in his reasonable
opinion, he considers it necessary or advisable to insure the
proper implementation of the intent of the Contract Documents, he
will have authority to require special inspection or testing of
any Work in accordance with the provisions of the Contract
Documents whether or not such Work be then fabricated, installed
or completed.
1.1.18 The Architect shall review and approve shop drawings, samples,
and other submissions of the Contractor only for conformance
with the design concept of the Project and for compliance with
the information given in the Contract Documents.
1.1.19 The Architect shall prepare Change Orders.
1.1.20 The Architect shall conduct inspections to determine the Dates
of Substantial Completion and final completion, shall receive
and review written guarantees and related documents assembled
by the Contractor, and shall issue a final Certificate for
Payment.
7_ TO
1.1.21 The Architect shall not be responsible for the acts or
omissions of the Contractor, or any Subcontractors, or
any of the Contractors or Subcontractor's agents or
employees, or any other persons performing any of the
Work.
1.2 PROJECT REPRESENTATION BEYOND BASIC SERVICES
1.2.1 If more extensive representation at the site than is described
under Subparagraphs 1.1.10 through 1.1.21 inclusive is required,
and if the Owner and Architect agree, the Architect shall
provide one or more Full-Time Project Representatives to
assist the Architect.
1.2.2 Such Full-Time Project Representatives shall be selected,
employed and directed by the Architect, and the Architect
shall be compensated therefor as mutually agreed between
the Owner and the Architect as set forth in an exhibit
appended to this Agreement.
1.2.3 The duties, responsibilities and limitations of authority of
such Full-Time Project Representatives shall be set forth
in an exhibit appended to this Agreement.
1.2.4 Through the on-site observations by Full-Time Project Repre
sentatives of the Work in progress, the Architect shall endeavor
to provide further protection for the Owner against defects
in the Work, but the furnishing of such project representation
shall not make the Architect responsible for construction
means, methods, techniques, sequences or procedures, or for
safety precautions and programs, or for the Contractor's
failure to perform the Work in accordance with the Contract
Documents.
1.3 ADDITIONAL SERVICES
If any of the following Additional Services are authorized by
the Owner, they shall be paid for by the Owner as hereinbefore
provided.
1.3.1 Providing special analyses of the Owner's needs, and programming
the requirements of the Project.
1.3.2 Providing financial feasibility or other special studies.
1.3.3 Providing design services relative to future facilities, systems
and equipment which are not intended to be constructed as part
of the Project.
1.3.4 Providing services to investigate existing conditions or
facilities or to make measured drawings thereof, or to
verify the accuracy of drawings or other information
furnished by the Owner.
1.3.5 Providing Detailed Estimates of Construction Cost or
detailed quantity surveys or inventories of naterial,
equipment and labor.
1.3.6 Making major revisions in Drawings, Specifications or other
documents when such revisions are inconsistent with written
approvals or instructions previously given and are due to
causes beyond the control of the Architect.
1.3.7 Making investigations involving detailed appraisals and
valuations of existing facilities, and surveys or inven
tories required in connection with construction performed
by the Owner.
1.3.8 Providing consultation concerning replacement of any Work
damaged by fire or other cause during construction, and
furnishing professional services of the type set forth in
Paragraph 1.1 as may be required in connection with the
replacement of such Work.
1.3.9 Providing professional services made necessary by the default
of the Contractor or by major defects in the Work of the Con
tractor in the performance of the Construction Contract.
1.3.10 Preparing to serve or serving as an expert witness in con
nection with any public hearing, arbitration proceeding or
legal proceeding.
1.3.11 Providing services of professional consultants for other
than the normal structural, mechanical and electrical engineer
ing services for the Project.
1.3.12 Providing any other services not otherwise included in this
Agreement or not customarily furnished in accordance with
generally accepted architectural practice.
ARTICLE 2
THE OWNER'S RESPONSIBILITIES
2.1 The Owner shall provide full information regarding his require
ments for the Project.
2.2 The Owner shall designate, when necessary, a representative auth
orized to act in his behalf with respect to the Project. The
7-34
Owner or his representative shall examine documents submitted
by the Architect and shall render decisions pertaining thereto
promptly, to avoid unreasonable delay in the progress of the
Architects Work.
2.3 The Owner shall furnish 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 existing buildings, other improvements and
trees; and full information concerning available service and
utility lines both public and private, above and below grade,
including inverts and depths.
2.4 The Owner shall furnish the services of a soils engineer or
other consultant when such services are deemed necessary by
the Architect, including reports, test borings, test pits,
soil bearing values, percolation tests, air and water
pollution tests, ground corrosion and resistivity tests
and other necessary operations for'determining subsoil, air
and water conditions, with appropriate professional inter
pretations thereof.
2.5 The Owner shall furnish structural, mechanical, chemical and
other laboratory tests, inspections and reports as required
by law or the Contract Documents.
2.6 The Owner shall furnish such legal, accounting, and insurance
counselling services as may be necessary for the Project, and
such auditing services as he may require to ascertain how or
for what purposes the Contractor has used the moneys paid to
him under the Construction Contract.
2.7 The services, information, surveys and reports required by
Paragraphs 2.3 through 2.6 inclusive shall be furnished at
the Owner's expense, and the Architect shall be entitled to
rely upon the accuracy and completeness thereof.
2.8 If the Owner observes or otherwise becomes aware of any fault
or defect in the Project or non-conformance with the Contract
Documents, he shall give prompt written notice thereof to the
Architect.
2.9 The Owner shall furnish information required of him as expedi-tiously
as necessary for the orderly progress of the Work.
ARTICLE 3
CONSTRUCTION COST
3.1 The Construction Cost to be used as the basis for determining
the Architect's Basic Compensation shall be the total cost or
estimated cost to the Owner of all Work designed or specified
by the Architect, which shall be determined as follows, with
precedence in the order listed:
3.1.1 For completed construction, the total cost of all such work;
3.1.2 For Work not constructed, (1) the lowest bona fide bid received
from a qualified bidder for any or all of such Work, or (2)
if the Work is not bid, the bona fide negotiated proposal
submitted for any or all of such Work; or
3.1.3 For Work for which no such bid or proposal is received, (1)
the latest Detailed Estimate of Construction Cost if one is
available, or (2) the latest Statement of Probable Construc
tion Cost.
3.2 Construction Cost does not include the compensation of the
Architect and consultants, the cost of the land, rights-of-way,
or other costs which are the responsibility of the Owner
as provided in Paragraphs 2.3 through 2.6 inclusive.
3.3 Labor furnished by the Owner for the Project shall be included
in the Construction Cost at current market rates including a
reasonable allowance for overhead and profit. Materials and
equipment furnished by the Owner shall be included at current
market prices, except that used materials and equipment shall
be included as if purchased new for the Project.
3.4 Statements of Probable Construction Cost and Detailed Cost
Estimates prepared by the Architect represent his best judgment
as a design professional familiar with the construction in
dustry. It is recognized, however, that neither the Architect
nor the Owner has any control over the cost of labor, materials,
or equipment, over the contractor's methods of determining bid
prices, or over competitive bidding or market conditions.
Accordingly, the Architect cannot and does not guarantee that
bids will not vary from any Statement of Probable Construction
Cost or other cost estimate prepared by him.
3.5 When a fixed limit of Construction Cost is established as a
condition of this Agreement, it shall include a bidding con
tingency of ten percent unless another amount is agreed upon
in writing. When such a fixed limit is established, the
Architect shall be permitted to determine what materials,
equipment, component systems and types of construction are
to be included in the Contract Documents, and to make res-sonable
adjustments in the scope of the Project to bring it
within the fixed limit. The Architect may also include in
the Contract Documents alternate bids to adjust the Construc
tion Cost to the fixed limit.
3.5.1 If the lowest bona fide bid or negotiated proposal, the
Detailed Cost Estimate or the Statement of Probable Con
struction Cost exceeds such fixed limit of Construction Cost
(including the bidding contingency) established as condition
of this Agreement, the Owner shall (1) give written approval
of an increase in such fixed limit, (2) cooperate in revising
the Project scope and quality as required to reduce the Probable
Construction Cost. In the case of (3) the Architect, without
additional charge, shall modify the Drawings and Specifications
as necessary to bring the Construction Cost within the limit of
the Architect's responsibility in this regard, and having done
so, the Architect shall be entitled to compensation in accor
dance with this Agreement.
ARTICLE 4
DIRECT PERSONNEL EXPENSE
4.1 Direct Personnel Expense of employees engaged on the Project
by the Architect includes architects, engineers, designers,
job captains, draftsmen, specification writers and typists,
in consultation, research and design, in producing Drawings,
Specifications and other documents pertaining to the Project,
and in services during construction at the site.
4.2 Direct Personnel Expense includes cost of salaries and of
mandatory and customary benefits such as statutory employee
benefits, insurance, sick leave, holidays and vacations,
pensions and similar benefits.
ARTICLE 5
REIMBURSABLE EXPENSES
5.1 Reimbursable Expenses are in addition to the Compensation for
Basic and Additional Services and include actual expenditures
made by the Architect, his employees, or his professional
expenditures made by the Architect, his employees, or his
professional consultants in the interest of the Project for
the expenses listed in the following Subparagraphs:
7-37
5.1.1 Fees paid for securing approval of authorities having juris
diction over the Project.
5.1.2 If authorized in advance by the Owner, fees of special con
sultants for other than the normal structural, mechanical
and electrical engineering services.
ARTICLE 6
PAYMENTS TO THE ARCHITECT
6.1 Payments on account of the Architects Basic Services shall
be made as follows:
6.1.1 Payments for Basic Services shall be made monthly in propor
tion to services performed so that the compensation at the
completion of each Phase shall equal the following percentages
of the total Basic Compensation:
Design Development Phase 25%
Construction Documents Phase 75%
Construction Phase 100%
6.2 Payments for Additional Services of the Architect as defined
in Paragraph 1.3, and for Reimbursable Expenses as defined in
Article 5, shall be made monthly upon presentation of the
Architect's statement of services rendered.
6.3 No deductions shall be made from the Architect's compensation
on account of penalty, liquidated damages, or other sums with
held from payments to contractors.
6.4 If the Project is abandoned in whole or in part, the Architect
shall be paid his compensation for services performed prior to
receipt of written notice from the Owner of such suspension or
abandonment, together with Reimbursable Expenses then due and
all terminal expenses resulting from such suspension or
abandonment.
6.5 Payments due the Architect under this Agreement shall bear
interest at the legal rate commencing sixty days after the
date of billing.
ARTICLE 7
ARCHITECT'S ACCOUNTING RECORDS
Records of the Architect's Direct Personnel, Consultant and
Reimbursable Expenses pertaining to the Project, and records
of Accounts between the Owner and the Contractor, shall be
kept on a generally recognized accounting basis and shall be
available to the Owner or his authorized representative at
mutually convenient times.
ARTICLE 8
TERMINATION OF AGREEMENT
This Agreement may be terminated by either party upon
seven days' written notice should the other party fail
substantially to perform in accordance with its terms
through no fault of the other. In the event of termina
tion due to the fault of others than the Architect, the
Architect shall be paid his compensation fcr services
performed to termination date, including Reimbursable
Expenses then due and all terminal expenses.
ARTICLE 9
OWNERSHIP OF DOCUMENTS
Drawings and Specifications as Instruments of service are
and shall remain the property of the Architect whether the
Project for which they are made is executed or not. They
are not to be used by the Owner on other projects or ex
tensions to this Project except by agreement in writing and
with appropriate compensation to the Architect.
ARTICLE 10
SUCCESSORS AND ASSIGNS
The Owner and the Architect each binds himself, his partners,
successors, assigns and legal representatives to the other
party to this Agreement and to the partners, successors,
assigns and legal representatives of such other party with
respect to all covenants of this Agreement. Neither the
Owner nor the_ Architect shall assign, sublet or transfer
his interest in this Agreement without the written consent
of the other.
ARTICLE 11
ARBITRATION
11.1 All claims, disputes and other matters in question arising
out of, or relating to, this Agreement or the breach thereof
shall be decided by arbitration in accordance with the Con
struction Industry Arbitration Rules of the American Arbitration
Association then obtaining unless the parties mutually agree
otherwise. This agreement to arbitrate shall be specifically
enforceable under the prevailing arbitration law.
7-39
11.2 Notice of the demand for arbitration shall be filed in
writing with the other party to this Agreement and with the
American Arbitration Association. The demand shall be made
within a reasonable time after the claim, dispute or other
matter in question has arisen. In no event shall the demand
for arbitration be made after the date when institution of
legal or equitable proceedings based on such claim, dispute
or other matter in question would be barred by the applicable
statute of limitations.
11.3 The award rendered by the arbitrators shall be final, and
judgment may be entered upon it in accordance with applicable
law in any court having jurisdiction thereof.
ARTICLE 12
EXTENT OF AGREEMENT
This Agreement represents the entire and integrated agree
ment between the Owner and the Architect and supersedes all
prior negotiations, representations or agreements, either
written or oral. This Agreement may be amended only by
written instrument signed by both Owner and Architect.
ARTICLE 13
GOVERNING LAW
Unless otherwise specified, this Agreement <hall be governed
by the law of the principal place of business of the Architect.
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:
By Is! R. E. McGee
Is/ C. G. Haas Chairman of the Board
Secretary
KENT, MARSELLOS AND SCOTT
ARCHITECTS-ENGINEERS
By I si Wilbur Kent
Partner
APPROVED AS TO FORM: /s/ John Reeves
Assistant Attorney General
7-40
71-72
Upon motion of Regent Tanner, seconded by Regent Gray, with all
Regents voting aye, it was ordered that the architectural agreement
with Kent, Marsellos § Scott for the design and supervision of
Austin Building Renovation Phase IV be approved and the Chairman of
the Board be authorized to sign the contract, as follows:
CONTRACT FOR ARCHITECTURAL SERVICES
CITY OF NACOGDOCHES I
THE STATE OF TEXAS I
COUNTY OF NACOGDOCHES I
THIS AGREEMENT made as of the Thirty-First day of July in the
year Nineteen Hundred and Seventy-One 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 and Scott, Architects-Engineers, Lufkin, Texas, hereinafter
called the Architect.
WITNESSETH, whereas the Owner intends to erect on the campus of
Stephen F. Austin State University, Nacogdoches, Texas, Renovation of
Austin Building, Phase IV, hereinafter called the Project.
NOW, THEREFORE, the Owner and the Architect for the considera
tions hereinafter set forth agree as follows:
I. The Architect shall provide professional services for the Project
in accordance with the Terms and Conditions of this Agreement.
II. The Owner shall compensate the Architect in accordance with the
Terms and Conditions of this Agreement as follows:
a) For the Architect's Basic Services Ten and 66/100 per cent
(10.66%) of the project construction cost, hereinafter referred
to as the Basic Rate, and such other payments and reimbursements
as may hereinafter be provided, but all such payments and every
payment herein provided shall be from Funds appropriated by
Senate Bill Number Eleven of the Sixty-first Legislative Session
and Surplus Pledged Property Funds available to the Owner for
expenditure for the use and benefit of Stephen F. Austin State
University.
b) For the Architect's Additional Services as described in
Paragraph 1.3 Compensation for Principals, employees, and con
sultants time as agreed upon between the Owner and the Architect.
7-41
c) For the Architect's Reimbursable Expenses, amounts
expended as defined in Article 5.
III. The Architect and the Owner further agree to the following
Terms and Conditions:
ARTICLE 1
ARCHITECT'S SERVICES
1.1 BASIC SERVICES
The Architect's Basic Services consist of the five phases
described below and include normal structural mechanical and
electrical engineering services.
SCHEMATIC DESIGN PHASE
1.1.1 The Architect shall consult with the Owner to ascertain the
requirements of the project and shall confirm such requirements
to the Owner.
1.1.2 The Architect shall prepare Schematic Design Studies consisting
of drawings and other documents illustrating the scale and
relationship of Project components for approval by the Owner.
1.1.3 The Architect shall submit to the Owner a Statement of Pro
bable Construction Cost based on current area, volume or other
unit costs.
DESIGN DEVELOPMENT PHASE
1.1.4 The Architect shall prepare from the approved Schematic Design
studies, for approval by the Owner, the Design Development
Documents consisting of drawings and other documents to fix
and describe the size and character of the entire Project as to
structural, mechanical and electrical systems, materials and
such other essentials as may be appropriate.
1.1.5 The Architect shall submit to the Owner a further Statement of
Probable Construction Cost.
CONSTRUCTION DOCUMENTS PHASE
1.1.6 The Architect shall prepare from the approved Design Development
Documents, for approval by the Owner, Working Drawings and
Specifications setting forth in detail the requirements for
the construction of the entire Project including the necessary
7-42
bidding information, and shall assist in the preparation of
bidding forms, the Conditions of the Contract, and the form
of Agreement between the Owner and the Contractor.
1.1.7 The Architect shall advise the Owner of any adjustments to
previous Statements of Probable Construction Cost indicated
by changes in requirements or general market conditions.
1.1.8 The Architect shall assist the Owner in filing the required
documents for the approval of governmental authorities having
jurisdiction over the Project.
BIDDING OR NEGOTIATION PHASE
1.1.9 The Architect, following the Onwer's approval of the Construc
tion Documents and of the latest Statement of Probable Con
struction Cost, shall assist the Owner in obtaining bids or
negotiated proposals, and in awarding and preparing construc
tion contracts.
CONSTRUCTION PHASE - ADMINISTRATION OF THE CONSTRUCTION CONTRACT
1.1.10 The Construction Phase will commence with the award of the
Construction Contract and will terminate when the final
Certificate for Payment is issued to the Owner.
1.1.11 The Architect shall provide Administration of the Construction
Contract as set forth in Articles 1 through 14 inclusive of
the latest edition of AIA Document A201, General Conditions
of the Contract for Construction, and the extent of his duties
and responsibilities and the limitations of his authority as
assigned thereunder shall not be modified without his written
consent.
1.1.12 The Architect, as the representative of the Owner during the
Construction Phase, shall advise and consult with the Owner
and all of the Owner's instructions to the Contractor shall
be issued through the Architect. The Architect shall have
authority to act on behalf of the Owner to the extent provided
in the General Conditions unless otherwise modified in writing.
1.1.13 The Architect shall at all times have access to the Work
wherever it is in preparation or progress.
1.1.14 The Architect shall make periodic visits to the site to
familiarize himself generally with the progress and quality
of the Work and to determine in general if the Work is pro
ceeding in accordance with the Contract Documents. On the
basis of his on-site observations as an architect, he shall
endeavor to guard the Owner against defects and deficiencies
in the Work of the Contractor. The Architect shall not be
required to make exhaustive or continuous on-site inspections
to check the quality or quantity of the Work. The Architect
shall not be responsible for construction means, methods,
techniques, sequences or procedures, or for safety precautions
and programs in connection with the Work, and he shall not be
responsible for the Contractor's failure to carry out the Work
in accordance with the Contract Documents.
1.1.15 Based on such observations at the site and on the Contractors
Applications for Payment, the Architect shall determine the
amount owing to the Contractor and shall issue Certificates
for Payment in such amounts. 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 1.1.14 and on the date com
prising the Application for Payment, that the Work has progressed
to the point indicated; that to the best of the Architect's
knowledge, information and belief, the quality of the Work is
in accordance with the Contract Documents (subject to an evalua
tion of the Work for conformance with the Contract Documents
upon Substantial Completion, to the results of any subsequent
tests required by the Contract Documents, to minor deviations
from the Contract Documents correctable prior to completion and
to any specific qualifications stated in the Certificate for
Payment); and that the Contractor is entitled to payment in the
amount certified. By issuing a Certificate for Payment, the
Architect shall not be deemed to represent that he has made
any examination to ascertain how and for what purpose the
Contractor has used the moneys paid on account of the Contract
Sum.
1.1.16 The Architect shall be, in the first instance, the interpreter
of the requirements of the Contract Documents and the impartial
judge of the performance thereunder by both the Owner and Con
tractor. The Architect shall make decisions on all claims of
the Owner or Contractor relating to the execution and progress
of the work and on all other matters or question related thereto.
The Architect's decisions in matters relating to artistic
effect shall be final if consistent with the intent of the
Contract Documents.
1.1.17 The Architect shall have authority to reject Work which does
not conform to the Contract Documents. Whenever, in his rea
sonable opinion, he considers it necessary or advisable to
insure the proper implementation of the intent of the Contract
Documents, he will have authority to require special inspection
A A
or testing of any work in accordance with the provisions of
the Contract Documents whether or not such work be then fab
ricated, installed or completed.
1.1.18 The Architect shall review and approve shop drawings, samples,
and other submissions of the Contractor only for conformance
with the design concept of the Project and for compliance with
the information given in the Contract Documents.
1.1.19 The Architect shall prepare Change Orders.
1.1.20 The Architect shall conduct inspections to determine the
Dates of Substantial Completion and final completion, shall
receive and review written guarantees and related documents
assembled by the Contractor, and shall issue a final Certificate
for Payment.
1.1.21 The Architect shall not be responsible for the acts or omissions
of the Contractor, or any Subcontractors, or any of the Con
tractor's or Subcontractor's agents or employees, or any other
persons performing any of the Work.
1.2 PROJECT REPRESENTATION BEYOND BASIC SERVICES
1.2.1 If more extensive representation at the site than is described
under Subparagraphs 1.1.10 through 1.1.21 inclusive is required,
and if the Owner and Architect agree, the Architect shall pro
vide one or more Full-Time Project Representatives to assist
the Architect.
1.2.2 Such Full-Time Project Representatives shall be selected,
employed and directed by the Architect, and the Architect
shall be compensated therefor as mutually agreed between the
Owner and the Architect as set forth in an exhibit appended
to this Agreement.
1.2.3 The duties, responsibilities and limitations of authority of
such Full-Time Project Representatives shall be set forth in
an Exhibit appended to this Agreement,
1.2.4 Through the on-site observations by Full-Time Project Repre
sentatives of the Work in progress, the Architect shall endeavor
to provide further protection for the Owner against defects in
the Work, but the furnishing of such project representation
shall not make the Architect responsible for construction means,
methods, techniques, sequences or procedures, or for safety
precautions and programs, or for the Contractor's failure to
perform the Work in accordance with the Contract Documents.
7-45
1.3 ADDITIONAL SERVICES
If any of the following Additional Services are authorized
by the Owner, they shall be paid for by the Owner as herein
before provided.
1.3.1 Providing special analyses of the Owner's needs, and pro
gramming the requirements of the Project.
1.3.2 Providing financial feasibility or other special studies.
1.3.3 Providing design services relative to future facilities, systems
and equipment which are not intended to be constructed as part
of the Project.
1.3.4 Providing services to investigate existing conditions or
facilities or to make measured drawings thereof, or to verify
the accuracy of drawings or other information furnished by
the Owner.
1.3.5 Providing Detailed Estimates of Construction Cost or detailed
quantity surveys or inventories of material, equipment and
labor.
1.3.6 Making major revisions in Drawings, Specifications or other
documents when such revisions are inconsistent with written
approvals or instructions previously given and are due to
causes beyond the control of the Architect.
1.3.7 Making investigations involving detailed appraisals and
valuations of existing facilities, and surveys or inventories
required in connection with construction performed by the
Owner.
1.3.8 Providing consultation concerning replacement of any Work
damaged by fire or other cause during construction, and
furnishing professional services of the type set forth in
Paragraph 1.1 as may be required in connection with the re
placement of such Work.
1.3.9 Providing professional services made necessary by the default
of the Contractor or by major defects in the Work of the Con
tractor in the performance of the Construction Contract.
1.3.10 Preparing to serve or serving as an expert witness in connection
with any public hearing, arbitration proceeding or legal pro
ceeding.
1.3.11 Providing services of professional consultants for other than
the normal structural, mechanical and electrical engineering
services for the Project.
7-46
1.3.12 Providing any other services not otherwise included in this
Agreement or not customarily furnished in accordance with
generally accepted architectural practice.
ARTICLE 2
THE OWNER'S RESPONSIBILITIES
2.1 The Owner shall provide full information regarding his re
quirements for the Project.
2.2 The Owner shall designate, when necessary, a representative
authorized to act in his behalf with respect to the Project.
The Owner or his representative shall examine documents
submitted by the Architect and shall render decisions per
taining thereto promptly, to avoid unreasonable delay in the
progress of the Architect's Work.
2.3 The Owner shall furnish 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 existing buildings, other improvements and
trees; and full information concerning available service and
utility lines both public and private, above and below grade,
including inverts and depths.
2.4 The Owner shall furnish the services of a soils engineer
or other consulstant when such services are deemed necessary
by the Architect, including reports, test borings, test pits,
soil bearing values, percolation tests, air and water pollution
tests, ground corrosion and resistivity tests and other necessary
operations for determining subsoil, air and water conditions,
with appropriate professional interpretations thereof.
2.5 The Owner shall furnish structural, mechanical, chemical and
other laboratory tests, inspections and reports as required
by law or the Contract Documents.
2.6 The Owner shall furnish such legal, accounting, and insurance
counselling services as may be necessary for the Project, and
such auditing services as he may require to ascertain how or
for what purposes the Contractor has used the moneys paid to
him under the Construction Contract.
7-47
2.7 The services, information, surveys and reports required by
Paragraphs 2.3 through 2.6 inclusive shall be furnished at
the Owner's expense, and the Architect shall be entitled to
rely upon the accuracy and completeness thereof.
2.8 If the Owner observes or otherwise becomes aware of any fault
or defect in the Project or non-conformance with the Contract
Documents, he shall give prompt written notice thereof to the
Architect.
2.9 The Owner shall furnish information required of him as ex-peditiously
as necessary for the orderly progress of the Work.
ARTICLE 3
CONSTRUCTION COST
3.1 The Construction Cost to be used as the basis for determining
the Architect's Basic Compensation shall be the total cost or
estimated cost to the Owner of all Work designed or specified
by the Architect, which shall be determined as follows, with
precedence in the order listed:
3.1.1 For completed construction, the total cost of all such work;
3.1.2 For Work not constructed, (1) the lowest bona fide bid received
from a qualified bidder for any or all of such Work, or (2)
if the Work is not bid, the bona fide negotiated proposal sub
mitted for any or all of such Work; or
3.1.3 For Work for which no such bid or proposal is received, (1)
the latest Detailed Estimate of Construction Cost if one is
available, or (2) the latest Statement of Probable Construction
Cost.
3.2 Construction Cost does not include the compensation of the
Architect and consultants, the cost of the land, rights-of-way,
or other costs which are the responsibility of the Owner as
provided in Paragraphs 2.3 through 2.6 inclusive.
3.3 Labor furnished by the Owner for the Project shall be included
in the Construction Cost at current market rates including a
reasonable allowance for overhead and profit. Materials and
equipment furnished by the Owner shall be included at current
market prices, except that used materials and equipment shall
be included as if purchased new for the Project.
3.4 Statements of Probable Construction Cost and Detailed Cost
Estimates prepared by the Architect represent his best judgment
as a design professional familiar with the construction in
dustry. It is recognized, however, that neither the Architect
l-AK
nor the Owner has any control over the cost of labor, materials,
or equipment, over the contractor's methods of determining bid
prices, or over competitive bidding or market conditions.
Accordingly, the Architect cannot and does not guarantee that
bids will not vary from any Statement of Probable Construction
Cost or other cost estimate prepared by him.
3.5 When a fixed limit of Construction Cost is established as a
condition of this Agreement, it shall include a bidding con
tingency of ten percent unless another amount is agreed upon
in writing. When such a fixed limit is established, the
Architect shall be permitted to determine what materials,
equipment, component systems and types of construction are
to be included in the Contract Documents, and to make reason
able adjustments in the scope of the Project to bring it within
the fixed limit. The Architect may also include in the Contract
Documents alternate bids to adjust the Construction Cost to the
fixed limit.
3.5.1 If the lowest bona fide bid or negotiated proposal, the Detailed
Cost Estimate or the Statement of Probable Construction Cost
exceeds such fixed limit of Construction Cost (including the
bidding contingency) established as condition of this Agree
ment, the Owner shall (1) give written approval of an increase
in such fixed limit, (2) cooperate in revising the Project
scope and quality as required to reduce the Probable Con
struction Cost. In the case of (3) the Architect, without
additional charge, shall modify the Drawings and Specifications
as necessary to bring the Construction Cost within the limit
of the Architect's responsibility in this regard, and having
done so, the Architect shall be entitled to compensation in
accordance with this Agreement.
ARTICLE 4
DIRECT PERSONNEL EXPENSE
4.1 Direct Personnel Expense of employees engaged on the Project
by the Architect includes architects, engineers, designers,
job captains, draftsmen, specification writers and typists, in
consultation, research and design, in producing Drawings,
Specifications and other documents pertaining to the Project,
and in services during construction at the site.
4.2 Direct Personnel Expense includes cost of salaries and of
mandatory and customary benefits such as statutory employee
benefits, insurance, sick leave, holidays and vacation,
pensions and similar benefits.
ARTICLE 5
REIMBURSABLE EXPENSES
7-49
5.1 Reimbursable Expenses are in addition to the Compensation for
Basic and Additional Services and include actual expenditures
made by the Architect, his employees, or his professional con
sultants 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 jurisdic
tion over the project.
5.1.2 If authorized in advance by the Owner, fees of special con
sultants for other than the normal structural, mechanical and
electrical engineering services.
ARTICLE 6
PAYMENTS TO THE ARCHITECT
6.1 Payments on account of the Architect's Basic Services shall
be made as follows:
6.1.1 Payments for Basic Services shall-be made monthly in proportion
to services performed so that the compensation at the completion
of each Phase shall equal the following percentages of the
total Basic Compensation:
Design Development Phase 25%
Construction Documents Phase 75%
Construction Phase 100%
6.2 Payments for Additional Services of the Architect as defined
in Paragraph 1.3, and for Reimbursable Expenses as defined in
Article 5, shall be made monthly upon presentation of the
Architect's statement of services rendered.
6.3 No deductions shall be made from the Architect's compensation
on account of penalty, liquidated damages, or other sums
withheld from payments to contractors.
6.4 If the Project is abandoned in whole or in part, the Architect
shall be paid his compensation for services performed prior to
receipt of written notice from the Owner of such suspension or
abandonment, together with Reimbursable Expenses then due and
all terminal expenses resulting from such suspension or
abandonment.
6.5 Payments due the Architect under this Agreement shall bear
interest at the legal rate commencing sixty days after the
date of billing.
7-50
ARTICLE 7
ARCHITECT'S ACCOUNTING RECORDS
Records of the Architect's Direct Personnel, Consultant and
Reimbursale Expenses pertaining to the Project, and records
of accounts between the Owner and the Contractor, shall be
kept on a generally recognized accounting basis and shall
be available to the Owner or his authorized representative
at mutually convenient times.
ARTICLE 8
TERMINATION OF AGREEMENT
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 other. In the event of termination due to the fault of
others than the Architect, the Architect shall be paid his
compensation for services performed to termination date, in
cluding Reimbursable Expenses then due and all terminal
expenses.
ARTICLE 9
OWNERSHIP OF DOCUMENTS
Drawings and Specifications as instruments of service are
and shall remain the property of the Architect whether the
Project for which they are made is executed or not. They
are not to be used by the Owner on other projects or exten
sions to this Project except by agreement in writing and with
appropriate compensation to the Architect.
ARTICLE 10
SUCCESSORS AND ASSIGNS
The Owner and the Architect each binds himself, his partners,
successors, assigns and legal representatives to the other
party to this Agreement and to the partners, successors,
assigns and legal representatives of such other party with
respect to all covenants of this Agreement. Neither the
Owner nor the Architect shall assign, sublet or transfer
his interest in this Agreement without the written consent
of the other.
ARTICLE 11
ARBITRATION
11.1 All claims, disputes and other matters in question arising
out of, or relating to, this Agreement or the breach thereof
shall be decided by arbitration in accordance with the Con
struction Industry Arbitration Rules of the American Arbitration
Association then obtaining unless the parties mutually agree
otherwise. This agreement to arbitrate shall be specifically
enforceable under the prevailing arbitration law.
11.2 Notice of the demand for arbitration shall be filed in writing
with the other party to this Agreement and with the American
Arbitration Association. The demand shall be made within a
reasonable time after the claim dispute or other matter in
question has arisen. In no event shall the demand for arbitration
be made after the date when institution of legal or equitable
proceedings based on such claim, dispute or other matter in
question would be barred by the application statute of
limitations.
11.3 The award rendered by the arbitrators shall be final, and
judgment may be entered upon it in accordance with applicable
law in any court having jurisdiction thereof.
ARTICLE 12
EXTENT OF AGREEMENT
This Agreement represents the entire and integrated agreement
between the Owner and the Architect and supersedes all prior
negotiations, representations or agreements, either written or
oral. This Agreement may be amended only by written instrument
signed by both Owner and Architect.
ARTICLE 13
GOVERNING LAW
Unless otherwise specified, this Agreement shall be governed
by the law of the principal place of business of the Architect.
7-52
NUMBER OR COUNTERPART COPIES
This Contract is executed in four counterparts.
IN WITNESS WHEREOF the parties hereto have made and executed
this Agreement, the day and year first above written.
BOARD OF REGENTS
STEPHEN F. AUSTIN STATE UNIVERSITY
By I si R. E. McGee
ATTEST:
I si C. G. Haas
Secretary
Chairman of the Board
KENT, MARSELLOS AND SCOTT
ARCHITECTS-ENGINEERS
APPROVED AS TO FORM:
By fsi Wilbur Kent
Partner
Is/ John Reeves
Assistant Attorney General
7-53
71-73
Upon motion of Regent Tanner, seconded by Regent Gray, with all
Regents voting aye, it was ordered that the architectural agreement
with Kent, Marsellos 5 Scott for the construction, design and
supervision of a parking lot and the re-topping of certain campus
streets be approved and the Chairman of the Board be authorized to
sign the contract, as follows:
CONTRACT FOR ARCHITECTURAL SERVICES
CITY OF NACOGDOCHES I
THE STATE OF TEXAS I
COUNTY OF NACOGDOCHES I
THIS AGREEMENT made as of the Thirty-First day of July in the year
Nineteen Hundred and Seventy One 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 and Scott, Architects-Engineers, Lufkin, Texas, hereinafter
called the Architect.
WITNESSETH, whereas the Owner intends to erect on the campus of
Stephen F. Austin State University, Nacogdoches, Texas, Paving - Parking
1971, hereinafter called the Project.
NOW, THEREFORE, the Owner and the Architect for the considerations
hereinafter set forth agree as follows:
I. The Architect shall provide professional services for the Project
in accordance with the Terms and Conditions of this Agreement.
II. The Owner shall compensate the Architect in accordance with the
Terms and Conditions of this Agreement as follows:
a) For the Architect's Basic Services seven and one half per
cent (7-1/2%) of the project construction cost, hereinafter
referred to as the basic rate, and such other payments and
reimbursements as may be hereinafter provided, but all such
payments and every payment hereinafter provided shall be from
Pledged Property Surplus Funds available to the Owner for
expenditure for the use and benefit of Stephen F. Austin
State University.
b) For the Architects Additional Services as described in
Paragraph 1.3 Compensation for Principals, employees, and
consultants time as agreed upon between the Owner and the
Architect.
7-54
c) For the Architect's Reimbursable Expenses, amounts expended
as defined in Article 5.
III. The Architect and the Owner further agree to the following Terms
and Conditions:
ARTICLE 1'
ARCHITECT'S SERVICES
1.1 BASIC SERVICES
The Architect's Basic Services consist of the five phases de
scribed below and include normal structural mechanical and
electrical engineering services«
SCHEMATIC DESIGN PHASE
1.1.1 The Architect shall consult with the Owner to ascertain the
requirements of the project and shall confirm such requirements
to the Owner.
1.1.2 The Architect shall prepare Schematic Design Studies consisting
of drawings and other documents illustrating the scale and re
lationship of Project components for approval by the Owner.
1.1.3 The Architect shall submit to the Owner a Statement of Probable
Construction Cost based on current area, volume or other unit
costs.
DESIGN DEVELOPMENT PHASE
1.1.4 The Architect shall prepare from the approved Schematic Design
Studies, for approval by the Owner, the Design Development
Documents consisting of drawings and other documents to fix
and describe the size and character of the entire Project as
to structural, mechanical and electrical systems, materials and
such other essentials as may be appropriate.
1.1.5 The Architect shall submit to the Owner a further Statement of
Probable Construction Cost.
CONSTRUCTION DOCUMENTS PHASE
1.1.6 The Architect shall prepare from the approved Design Development
Documents, for approval by the Owner, Working Drawings and
Specifications setting forth in detail the requirements for
the construction of the entire Project including the necessary
bidding information, and shall assist in the preparation of
7-55
bidding forms, the Conditions of the Contract, and the form
of Agreement between the Owner and the Contractor.
1.1.7 The Architect shall advise the Owner of any adjustments to
previous Statements of Probable Construction Cost indicated
by changes in requirements "or general market conditions.
1.1.8 The Architect shall assist the Owner in filing the required
documents for the approval of governmental authorities having
jurisdiction over the Project.
BIDDING OR NEGOTIATION PHASE
1.1.9 The Architect, following the Owner's approval of the Construction
Documents and of the latest Statement of Probable Construction
Cost, shall assist the Owner in obtaining bids or negotiated
proposals, and in awarding and preparing construction contracts.
CONSTRUCTION PHASE - ADMINISTRATION OF THE CONSTRUCTION CONTRACT
1.1.10 The Construction Phase will commence with the award of the
Construction Contract and will terminate when the final Certi
ficate for Payment is issued to the Owner.
1.1.11 The Architect shall provide Administration of the Construction
Contract as set forth in Articles 1 through 14 inclusive of the
latest edition of AIA Document A201, General Conditions of the
Contract for Construction, and the extent of his duties and
responsibilities and the limitations of his authority as assigned
thereunder shall not be modified without his written consent.
1.1.12 The Architect, as the representative of the Owner during the
Construction Phase, shall advise and consult with the Owner and
all of the Owner's instructions to the Contractor shall be issued
through the Architect. The Architect shall have authority to
act on behalf of the Owner to the extent provided in the General
Conditions unless otherwise modified in writing.
1.1.13 The Architect shall at all times have access to the Work wherever
it is in preparation or progress.
1.1.14 The Architect shall make periodic visits to the site to familiarize
himself generally with the progress and quality of the Work and to
determine in general if the Work is proceeding in accordance with
the Contract Documents. On the basis of his on-site observations
as an architect, he shall endeavor to guard the Owner against
defects and deficiencies in the Work of the Contractor. The
Architect shall not be required to make exhaustive or continuous
7-56
on-site inspections to check the quality or quantity of the
Work. The Architect shall not be responsible for construction
means, methods, techniques, sequences or procedures, or for
safety precautions and programs in connection with the Work,
and he shall not be responsible for the Contractor's failure
to carry out the Work in accordance with the Contract Documents.
1.1.15 Based on such observations at the site and on the Contractor's
Applications for Payment, the Architect shall determine the
amount owing to the Contractor and shall issue Certificates
for Payment in such amounts. 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 1.1.14 and on the data comprising
the Application for Payment, that the Work has progressed to
the point indicated; that to the best of the Architect's
knowledge, information and belief, the quality of the Work
is in accordance with the Contract Documents (subject to an
evaluation of the Work for conformance with the Contract Documents
upon Substantial Completion, to the results of any subsequent
tests required by the Contract Documents, to minor deviations
from the Contract Documents correctable prior to completion
and to any specific qualifications stated in the Certificate
for Payment); and that the Contractor is entitled to payment
in the amount certified. By issuing a Certificate for Payment,
the Architect shall not be deemed to represent that he has
made any examination to ascertain how and for what purpose
the Contractor has used the moneys paid on account of the
Contract Sum.
1.1.16 The Architect shall be, in the first instance, the interpreter
of the requirements of the Contract Documents and the impartial
judge of the performance thereunder by both the Owner and Con
tractor. The Architect shall make decisions on all claims of
the Owner or Contractor relating to the execution and progress
of the Work and on all other matters or questions related
thereto< The Architect's decisions in matters relating to
artistic effect shall be final if consistent with the intent
of the Contract Documents.
1.1.17 The Architect shall have authority to reject Work which does
not conform to the Contract Documents. Whenever, in his reason
able opinion, he considers it necessary or advisable to insure
the proper implementation of the intent of the Contract Documents,
he will have authority to require special inspection or testing
of any Work in accordance with the provisions of the Contract
Documents whether or not such Work be then fabricated, installed
or completed.
7-57
1.1.18 The Architect shall review and approve shop drawings, samples,
and other submissions of the Contractor only for conformance
with the design concept of the Project and for compliance with
the information given in the Contract Documents.
1.1.19 The Architect shall prepare Change Orders.
1.1.20 The Architect shall conduct inspections to determine the Dates
of Substantial Completion and final completion, shall receive
and review written guarantees and related documents assembled by
the Contractor, and shall issue a final Certificate for Payment.
1.1.21 The Architect shall not be responsible for the acts or omissions
of the Contractor, or any Subcontractors, or any of the Con
tractor's or Subcontractors' agents or employees, or any other
persons performing any of the Work.
1.2 PROJECT REPRESENTATION BEYOND BASIC SERVICES
1.2.1 If more extensive representation at the site than is described
under Subparagraphs 1.1.10 through 1.1.21 inclusive is required,
and if the Owner and Architect agree, the Architect shall pro
vide one or more Full-Time Project Representatives to assist
the Architect.
1.2.2 Such Full-Time Project Representatives shall be selected, employed
and directed by the Architect, and the Architect shall be com
pensated therefor as mutually agreed between the Owner and the
Architect as set forth in an exhibit appended to this Agreement.
1.2.3 The duties, responsibilities and limitations of authority of
such Full-Time Project Representatives shall be set forth in
an exhibit appended to this Agreement.
1.2.4 Through the on-site observations by Full-Time Project Representatives
of the Work in progress, the Architect shall endeavor to provide
further protection for the Owner against defects in the Work,
but the furnishing of such project representation shall not make
the Architect responsible for construction means, methods,
techniques, sequences or procedures, or for safety precautions
and programs, or for the Contractor's failure to perform the
Work in accordance with the Contract Documents.
1.3 ADDITIONAL SERVICES
If any of the following Additional Services are authorized by
the Owner, they shall be paid for by the Owner as hereinbefore
provided.
7-58
1.3.1 Providing special analyses of the Owner's needs, and programming
the requirements of the Project.
1.3.2 Providing financial feasibility or other special studies.
1.3.3 Providing design services relative to future facilities, systems
and equipment which are not intended to be constructed as part
of the Project. ■
1.3.4 Providing services to investigate existing conditions or faci
lities or to make measured drawings thereof, or to verify the
accuracy of drawings or other information furnished by the
Owner.
1.3.5 Providing Detailed Estimates of Construction Cost or detailed
quantity surveys or inventories of material, equipment and labor.
1.3.6 Making major revisions in Drawings, Specifications or other
documents when such revisions are inconsistent with written
approvals or instructions previously given and are due to causes
beyond the control of the Architect.
1.3.7 Making investigations involving detailed appraisals and valuations
of existing facilities, and surveys or inventories required in
connection with construction performed by the Owner.
1.3.8 Providing consultation concerning replacement of any Work damaged
by fire or other cause during construction, and furnishing pro
fessional services of the type set forth in Paragraph 1.1 as
may be required in connection with the replacement of such Work.
1.3.9 Providing professional services made necessary by the default
of the Contractor or by major defects in the Work of the Con
tractor in the performance of the Construction Contract.
1.3.10 Preparing to serve or serving as an expert witness in connection
with any public hearing, arbitration proceeding or legal pro
ceeding.
1.3.11 Providing services of professional consultants for other than
the normal structural, mechanical and electrical engineering
services for the Project.
1.3.12 Providing any other services not otherwise included in this
Agreement or not customarily furnished in accordance with
generally accepted architectural practice.
ARTICLE 2
THE OWNER'S RESPONSIBILITIES
7-59
2.1 The Owner shall provide full information regarding his require
ments for the Project.
2.2 The Owner shall designate, when necessary, a representative
authorized to act in his behalf with respect to the Project.
The Owner or his representative shall examine documents sub
mitted by the Architect and shall render decisions pertaining
thereto promptly, to avoid unreasonable delay in the progress
of the Architect's Work.
2.3 The Owner shall furnish 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 existing buildings, other improvements and
trees; and full information concerning available service and
utility lines both public and private, above and below grade,
including inverts and depths.
2.4 The Owner shall furnish the services of a soils engineer or
other consultant when such services are deemed necessary by
the Architect, including reports, test borings, test pits,
soil bearing values, percolation tests, air and water pollution
tests, ground corrosion and resistivity tests and other
necessary operations for determining subsoil, air and water
conditions, with appropriate professional interpretations
thereof.
2.5 The Owner shall furnish structural, mechanical, chemical and
other laboratory tests, inspections and reports as required
by law or the Contract Documents.
2.6 The Owner shall furnish such legal, accounting, and insurance
counselling services as may be necessary for the Project, and
such auditing services as he may require to ascertain how or
for what purposes the Contractor has used the moneys paid to
him under the Construction Contract.
2.7 The services, information, surveys and reports required by
Paragraphs 2.3 through 2.6 inclusive shall be furnished at the
Owner's expense, and the Architect shall be entitled to rely
upon the accuracy and completeness thereof.
2.8 If the Owner observes or otherwise becomes aware of any fault
or defect in the Project or non-conformance with the Contract
Documents, he shall give prompt written notice thereof to the
Architect.
7-60
2.9 The Owner shall furnish information required of him as ex-peditiously
as necessary for the orderly progress of the
Work.
ARTICLE 3
CONSTRUCTION COST
3.1 The Construction Cost to be used as the basis for determining
the Architect's Basic Compensation shall be the total cost or
estimated cost to the Owner of all Work designed or specified
by the Architect, which shall be determined as follows, with
precedence in the order listed:
3.1.1 For completed construction, the total cost of all such Work;
3.1.2 For Work not constructed, (1) the lowest bona fide bid received
from a qualified bidder for any or all of such Work, or (2)
if the Work is not bid, the bona fide negotiated proposal
submitted for any or all of such Work; or
3.1.3 For Work for which no such bid or proposal is received, (1)
the latest Detailed Estimate of Construction Cost if one is
available, or (2) the latest Statement of Probable Construction
Cost.
3.2 Construction Cost does not include the compensation of the
Architect and consultants, the cost of the land, rights-of-way,
or other costs which are the responsibility of the Owner as
provided in Paragraphs 2.3 through 2.6 inclusive.
3.3 Labor furnished by the Owner for the Project shall be included
in the Construction Cost at current market rates including a
reasonable allowance for overhead and profit. Materials and
equipment furnished by the Owner shall be included at current
market prices, except that used materials and equipment shall
be included as if purchased new for the Project.
3.4 Statements of Probable Construction Cost and Detailed Cost
Estimates prepared by the Architect represent his best judgment
as a design professional familiar with the construction in
dustry. It is recognized, however, that neither the Architect
nor the Owner has any control over the cost of labor, materials
or equipment, over the contractors methods of determining bid
prices, or over competitive bidding or market conditions.
Accordingly, the Architect cannot and does not guarantee that
bids will not vary from any Statement of Probable Construction
Cost or other cost estimate prepared by him.
7-61
3.5 When a fixed limit of Construction Cost is established as a
condition of this Agreement, it shall include a bidding con
tingency of ten percent unless another amount is agreed upon
in writing. When such a fixed limit is established, the Archi
tect shall be permitted to determine what materials, equipment,
component systems and types of construction are to be included
in the Contract Documents, and to make reasonable adjustments
in the scope of the Project to bring it within the fixed limit.
The Architect may also include in the Contract Documents
alternate bids to adjust the Construction Cost to the fixed
limit.
3.5.1 If the lowest bona fide bid or negotiated proposal, the
Detailed Cost Estimate or the Statement of Probable Construction
Cost exceeds such fixed limit of Construction Cost (including
the bidding contingency) established as condition of this
Agreement, the Owner shall (1) give written approval of an
increase in such fixed limit, (2) cooperate in revising the
Project scope and quality as required to reduce the Probable
Construction Cost. In the case of (3) the Architect, without
additional charge, shall modify the Drawings and Specifications
as necessary to bring the Construction Cost within the limit of
the Architect's responsibility in this regard," and having done
so, the Architect shall be entitled to compensation in accor
dance with this Agreement.
ARTICLE 4
DIRECT PERSONNEL EXPENSE
4.1 Direct Personnel Expense of employees engaged on the Project
by the Architect includes architects, engineers, designers,
job captains, draftsmen, specification writers and typists,
in consultation, research and design, in producing Drawings,
Specifications and other documents pertaining to the Project,
and in services during construction at the site.
4.2 Direct Personnel Expense includes cost of salaries and of
mandatory and customary benefits such as statutory employee
benefits, insurance, sick leave, holidays and vacations,
pensions and similar benefits.
ARTICLE 5
REIMBURSABLE EXPENSES
5.1 Reimbursable Expenses are in addition to the Compensation for
Basic and Additional Services and include actual expenditures
made by the Architect, his employees, or his professionalcon-sultants
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 If authorized in advance by the Owner, fees of special con
sultants for other than the normal structural, mechanical and •
. electrical engineering services.
ARTICLE 6
PAYMENTS TO THE ARCHITECT
6.1 Payments on account of the Architect's Basic Services shall
be made as follows:
6.1.1 Payments for Basic Services shall be made monthly in proportion
to services performed so that the compensation at the completion
of each Phase shall equal the following percentages of the total
Basic Compensation:
Design Development Phase 25%
Construction Documents Phase 75%
Construction Phase T 100%
6.2 Payments for Additional Services of the Architect as defined in
Paragraph 1.3, and for Reimbursable Expenses as defined in
Article 5, shall be made monthly upon presentation of the
Architect's statement of services rendered.
6.3 No deductions shall be made from the Architect's compensation
on account of penalty, liquidated damages, or other sums with
held from payments to contractors.
6.4 If the Project is abandoned in whole or in part, the Architect
shall be paid his compensation for services performed prior to
receipt of written notice from the Owner of such suspension or
abandonment, together with Reimbursable Expenses then due and
all terminal expenses resulting from such suspension or
abandonment.
6.5 Payments due the Architect under this Agreement shall bear
interest at the legal rate commencing sixty days after the
date of billing.
ARTICLE 7
ARCHITECT'S ACCOUNTING RECORDS
Records of the Architect's Direct Personnel, Consultant and
Reimbursable Expenses pertaining to the Project, and records
of accounts between the Owner and the Contractor, shall be
7-63
kept on a generally recognized accounting basis and shall be
available to the Owner or his authorized representative at
mutually convenient times.
ARTICLE 8
TERMINATION OF AGREEMENT
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 other. In the event of termination due to the fault of
others than the Architect, the Architect shall be paid his
compensation for services performed to termination date,
including Reimbursable Expenses then due and all terminal
expenses.
ARTICLE 9
OWNERSHIP OF DOCUMENTS
Drawings and Specifications as instruments of service are
and shall remain the property of the Architect whether the
Project for which they are made is executed or not. They are
not to be used by the Owner on other projects or extensions
to this Project except by agreement in writing and with
appropriate compensation to the Architect.
ARTICLE 10
SUCCESSORS AND ASSIGNS
The Owner and the Architect each binds himself, his partners,
successors, assigns and legal representatives to the other
party to this Agreement and to the partners, successors, assigns
and legal representatives of such other party with respect to
all covenants of this Agreement. Neither the Owner nor the
Architect shall assign, sublet or transfer his interest in this
Agreement without the written consent of the other.
ARTICLE 11
ARBITRATION
11.1 All claims, disputes and other matters in question 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.
This agreement to arbitrate shall be specifically enforceable
under the prevailing arbitration law.
7-64
11.2
11.3
Notice of the demand for arbitration shall be filed in writing
with the other party to this Agreement and with the American
Arbitration Association. The demand shall be made within a
reasonable time after the claim, dispute or other matter in
question has arisen. In no event shall the demand for arbitra
tion 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.
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 12
EXTENT OF AGREEMENT
This Agreement represents the entire and integrated agree
ment between the Owner and the Architect and supersedes all
prior negotiations, representations or agreements, either
written or oral. This Agreement may be amended only by
written instrument signed by both Owner and Architect.
ARTICLE 13
GOVERNING LAW
Unless otherwise specified, this Agreement shall be governed
by the law of the principal place of business of the Architect.
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:
/s/ C. G. Haas
Secretary
APPROVED AS TO FORM:
/s/ John Reeves __
Assistant Attorney General
By /s/ R. E. McGee
Chairman of the Board
KENT, MARSELLOS AND SCOTT
ARCHITECTS - ENGINEERS
By /s/ Wilbur Kent
Partner
7-65
71-74
Upon motion of Regent Todd, seconded by Regent Golden, with all
Regents voting aye, it was ordered that the architectural agreement
with Caudill Rowlett Scott of Houston, Texas, for the design and
supervision of the construction of a stadium and its related
facilities be approved and the Chairman of the Board be authorized
to sign the contract, as follows:
7-66
THE AMERICAN INSTITUTE OF ARCHITECTS
AIA Document B131
Owner and
on a basis of a
PERCENTAGE OF CONSTRUCTION COST
THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES; CONSULTATION WITH
AN ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION
AGREEMENT
made this Thirtieth day of July in the year of Nineteen
Hundred and Seventy-one.
BETWEEN Board of Regents, Stephen F. Austin State University
the Owner, and
Caudill Rowlett Scott, Houston, Texas the Architect.
It is the intention of the Owner to erect a new stadium and related site development work.
hereinafter referred to as the Project.
The Owner and the Architect agree as set forth below.
AIA DOCUMFISIT M31 • OWNIR-ARCHITFCT ACREFUF.MT (PERCENTAGE) • APRIL 1970 EDITION • AIA" "
<£> 1970 • THE AMERICAN INSTIT