Minutes of Board of Regents of Stephen F. Austin State University. 1978, Volume No. 39

              MINUTES OF
Board of Regents
of
Stephen F. Austin State University
VOLUME NO. 39
February 11, 1978
Nacogdoches, Texas
INDEX
Minutes of the Meeting
Stephen F. Austin State University
Board of Regents
held in Nacogdoches, Texas
February 11, 1978
VOLUME NO. 39
Page
78-33 Approval of Minutes 39-2
78-34 Election of President 39_2
78-35 Appointment of Faculty and Staff 39-2
78-36 Resignations 39_3
78-37 Changes in Status 39_4
78-38 Requests for Leave 39-5
78-39 Returns from Leave 39-5
78-40 Promotions 39-6
78-41 Receipt of Twelfth Class Day Enrollment Report 39-6
78-42 Receipt of Last Class Day Enrollment Report 39-6
78-43 Approval of Fiscal Regulations 39-7
78-44 Adoption of Guidelines for FY79 Budget 39-7
78-45 Approval of FY78 Budget Adjustments 39-7
78-46 Approval of FY79 Room and Board Rates 39-7
78-47 Approval of Architectural Contract--Kent-Marsellos-
Scott (University Center Expansion) 39-g
78-48 Approval of Architectural Contract--Bernard-
Johnson, Incorporated (Student Housing
Facilities Project) 39-56
78-49 Ratification of Pigg Construction Company
Contract (University Student Health Services
Clinic) 39^7
78-50 Approval of Budget for University Student Health
Services Clinic 39-61
78-51 Approval of Contract--Fredfs Electric Service
(Starr Avenue Apartments Electrical Service) 39.6I
78-52 Authorization to Purchase Furnishings and Equip
ment for Student Health Services Clinic 39-62
78-53 Approval of Contract--J. E. Kingham Construction
Company (Addition to Physical Plant Department
Shops Building) ~ 39-62
78-54 Adjournment 39-63
MINUTES OF THE MEETING
BOARD OF REGENTS
STEPHEN F. AUSTIN STATE UNIVERSITY
HELD IN NACOGDOCHES, TEXAS
February 11, 1978
The meeting was called to order by James I. Perkins, Chairman of the
Board of Regents, at 9:00 a.m. February 11, 1978.
PRESENT:
Members: James I. Perkins of Rusk
Walter C. Todd of Dallas
Ernest Powers of Carthage
Homer Bryce of Henderson
Joe Bob Golden of Jasper
Robert E. Samuel, Jr. of Madisonville
Absent: Mrs. George Cullum, Jr. of Dallas
Mrs. Peggy Wright of Nacogdoches
Mr. Glenn Justice of Dallas
PRESENT: c. G. Haas, Secretary to the Board
Dr. William R. Johnson, President of the University
Dr. Billy Joe Franklin, V.P. for Academic Affairs, SFASU
Dr. Gordon Beasley, V.P. for Student Affairs, SFASU
Mr. Robert Provan, Legal Counsel, SFASU
PRESENT:
Vistors:
(Students) Steve Widner, U. C. Vice President
Susan Cook, U. C. Secretary
Melanie Smith, RHA President
Jon Perez, RHA Vice President
Louis Deluca, Pine Log Editor
Christi Harlan, Pine Log Reporter
Kathy Saxton, Pine Log Reporter
Bob Francis, Student Government President
Mark Burroughs, Student Government Vice President
Gayle Thompson, Student Government Senator
Don Davis, Student Government
K. Smith, Student Government
Others: Martha McCabe, Attorney-at-Law
Dr. Kent Adair, Dean, School of Forestry (SFASU)
78-33
Upon motion of. Regent Powers, seconded by Regent Todd, with all
members voting aye, it was ordered that the minutes of the meeting
of November 4, 1977, be approved.
78-34
Upon motion of Regent Todd, seconded by Regent Bryce, with all
members voting aye, it was ordered that Dr. William R. Johnson be
elected President of the University for the period September 1,
1978 to August 31, 1979.
78-35
Upon motion of Regent Todd, seconded by Regent Powers, with all
members voting aye, it was ordered that the following individuals
be employed for the positions, dates, and salaries indicated:
1. Division of Applied Arts and Sciences
Ms. Mary Alice Crowell, 45, M.B.Ed. (Stephen F. Austin State
University), Graduate Intern (75% time) at a salary rate of
$3,375 for the Spring Semester, 1978, only.
Mr. Johnny Thomas Long, 52, M.Ed. (Stephen F. Austin State
University), Instructor (25% time) at a salary rate of $966
for the Spring Semester, 1978, only.
2. Department of Accounting
Mr. Donald Ray Deis, Jr., 25, M.B.A. (Texas A§I University-
Corpus Christi), Instructor of Accounting at a salary rate of
$1.2,750 for nine months, effective Spring Semester, 1978.
Mr. Bertin E. Howard, 40, M.B.A. (Lamar Tech), Instructor
(25% time) of Accounting at a salary rate of $1,500 total
for the Spring Semester, 1978, only.
3. Department of Elementary Education
Dr. Henrietta Grooms, 43, Ed.D. (University of Georgia),
Visiting (25% time) Instructor in Elementary Education at a
salary rate of $1,200 for the Spring Semester, 1978, only.
4. Department of English
Ms. Annette S. Dawson, 39, M.S. (Stephen F. Austin State
University), Instructor (50% time) in English at a salary rate
of $3,125.00 for the Spring Semester, 1978, only.
5. School of Forestry
Mr. Patrick R. Bray, 26, M.A. (Stephen F. Austin State Uni
versity), Instructor of Forestry and Manager of Career Develop
ment Services at a salary rate of $13,300 for twelve months,
effective November 14, 1977.
Dr. James G. Dickson, 35, Ph.D. (Louisiana State University),
Visiting Lecturer (25% time) in Forestry at a salary rate of
$1,500 for the Spring Semester, 1978, only.
6. Department of Home Economics
Mr. Billy Mack Ramsey, 31, M.F.A. (Louisiana Tech University),
Assistant Professor of Home Economics at a salary rate of
$16,000 for nine months, effective Spring Semester, 1978.
7. Department of Sociology
Ms. Bettie B. Griffin, 51, M.Ed. (Stephen F. Austin State Uni
versity), Visiting Lecturer (25% time) in Sociology at a salary
rate of Si,375 for the Spring Semester, 1978, only.
Mr. Edwin Dale Gunter, 56, M.A. (Southwest Texas State Uni
versity), Visiting Lecturer (25% time) in Sociology at a salary
rate of $1,555 for the Spring Semester, 1978, only.
8. Student Affairs Division
Mr. Michael Kent Ray, 20, Traffic Officer for University Police
Department at a salary rate of $8,000 for twelve months, effec
tive November 1, 1977.
Mr. Drew M. Hufstedler, 21, Patrolman for University Police
Department at a salary rate of $8,000 for twelve months, ef
fective January 23., 1978.
9. Physical Plant
Mr. Dana C. Brewton, 29, Grounds Foreman at a salary rate of
$12,000 for twelve months, effective January 16, 1978.
78-36
Upon motion of Regent Bryce, seconded by Regent Golden, with all
members voting aye, it was ordered that the following resignations
be accepted.
39-3
1. School of Forestry
Dr. Jack B. Coster, Professor of Forestry, effective January 31,
1978. Dr. Coster has accepted a position elsewhere.
Dr. Ricardo Clemente, Assistant Professor of Forestry, effective
December 31, 1977. Dr. Clemente has been on leave of absence
with FAO in Rome, Italy, and he has accepted a permanent assign
ment with this organization,
2. Student Affairs Division
Mr. Willie Ross Ashby, III, Patrolman for University Police
Department, effective November 1, 1977. Mr. Ashby resigned to
accept employment with another agency.
Ms. Linda M. Himes, Patrolwoman for University Police Department,
effective November 30, 1977. Ms. Himes resigned due to her having
been chosen as candidate to attend the Department of Public Safety
Patrol School.
3. Physical Plant
Mr. John L. Branton, Painter Foreman, effective December 31,
1977. Mr. Branton resigned for personal reasons.
Mr. Gary R. Moffat, Safety Engineer, effective November 30,
1977. Mr. Moffat has accepted employment elsewhere.
78-37
Upon motion of Regent Todd, seconded by Regent Golden, with all mem
bers voting aye, it was ordered that the following changes in status
be approved:
1. Department of English
Dr. Warren R. True, Visiting Lecturer in English, from 75%
time at a salary rate of $4,687.50 for the Spring Semester, 1978
to 100% time at a salary rate of $5,729.17 for the Spring Semester,
1978. This includes a 25% time conditional appointment to teach
in the Mini-mester.
2. School of Forestry
Dr. Paul C. Johnson, Research Associate in Forestry, from a
salary rate of $13,408 for twelve months to $14,908 for twelve
months. Dr. Johnson is employed full-time as a Research Associate
and will teach one course as an overload this Spring Semester be
cause of the resignation of a faculty member.
39-4
3. Department of History
Dr. George E. Cooper, Jr., Instructor of History, from a salary
rate of $14,000 for nine months to a salary rate of $14,750 for
nine months. Dr. Cooper has successfully completed the Ph.D.
program.
4. Department of Management and Marketing
Mr. Robert Ringle, Instructor in Management, from 25% time to
50% time at a salary rate of $3,000 for the Spring Semester,
1978, only. The increased time is needed because a faculty member
is on leave of absence this semester.
5. Department of Theatre
Mr. Clifford Smith, Instructor in Theatre, from 100% teaching
at a salary rate of $13,250 for nine months to 50% teaching and
50% Drama Technician at a salary rate of $13,270 for nine months,
effective Spring Semester, 1978. This change is made to more
accurately reflect the individuals responsibilities and work
assignment.
6. Student Affairs Division
Ms. Emilee Odom, from hourly to full-time budgeted employment
as Patrolwoman for University Police Department at a salary rate
of $8,000 for twelve months, effective December 15, 1977.
78-38
Upon motion of Regent Todd, seconded by Regent Golden, with all
members voting aye, it was ordered that the following requests for
leave be accepted:
1. School of Forestry
Mr. Bruce Cutter, Instructor of Forestry, from January 1, 1978,
through December 31, 1978. Mr. Cutter is enrolled in an approved
doctoral program at the University of Missouri.
2. Department of Music
Mr. Max L. Morley, Assistant Professor of Music, from January 15,
1978, through May 31, 1978. Mr. Morley is enrolled in an approved
doctoral program at North Texas State University.
39-5
78-39
Upon motion of Regent Bryce, seconded by Regent Todd, with all
members voting aye, it was ordered that the following returns from
leave be accepted:
1. Department of English
Dr. Warren Austin, Professor of English, 25% time, at a salary
rate of $3,063 for the Spring Semester, 1978. Dr. Austin was on
unpaid leave for the Fall Semester, 1977.
2. School of Forestry
Dr. J. Robert Singer, Assistant Professor of Forestry, at a
salary rate of $17,000 for nine months, effective Spring Semester,
1978. Dr. Singer has been on assignment with the Environmental
Protection Agency in Washington, D.C.
78-40
Upon motion of Regent Todd, seconded by Regent Powers, with all mem
bers voting aye, it was ordered that the following promotion be
granted:
1. Department of Modern Languages
Dr. Bonnie Todd, from Instructor of Modern Languages at a
salary rate of $15,250 for nine months to Assistant Professor of
Modern Languages at a salary rate of $15,750 for nine months.
Dr. Todd has completed all requirements for the Ph.D. at Rice
University and has been recommended for promotion by her De
partment Head and Dean, effective Spring Semester, 1978.
78-41
Upon motion of Regent Todd, seconded by Regent Samuel, with all mem
bers voting aye, it was ordered that the minutes reflect receipt by
the Regents of the twelfth class day enrollment report as required
by House Bill 1012, May 1977.
78-42
Upon motion of Regent Todd, seconded by Regent Samuel, with all mem
bers voting aye, it was ordered that the minutes reflect receipt by
the Regents of the last class day enrollment report as required by
House Bill 1012, May 1977.
39-6
78-43
Upon motion of Regent Powers, seconded by Regent Bryce, with all
members voting aye, it was ordered that the revised Fiscal Regu
lations, as submitted under separate cover, be approved.
78-44
Upon motion of Regent Golden, seconded by Regent Todd, with all
members voting aye, it was ordered that the University be authorized
to prepare the FY79 budget to comply with all requirements of the
statutes, including the appropriation bill, and that the recom
mendations include the implementation of a Classified Personnel Pay
Plan within the limit of funds available.
78-45
Upon motion of Regent Golden, seconded by Regent Bryce, with all
members voting aye, it was ordered that the following budget adjust
ments be approved:
1. Add $ 463.40 to 1026 - Health § Physical Education - For main
taining tennis courts and replacing old
equipment.
2. Add $6,635.00 to 1033-9300 - Theatre OPTM - To pay wages for
Theatre Technician
3. Add $2,000.00 to 1025-9200 - Student Teaching - Additional travel
funds for supervision of students in
Secondary Education.
4. Add $5,000.00 to 1076 - Reserve for Graduate Assistants - For
additional graduate assistants in
School of Business
Source of Funds: Education and General Surplus
5. Add $12,150.00 to 5085-6000 - Intramural Activities - For
graduate assistants in Intramural Depart
ment
Source of Funds: Pledged Property Surplus
78-46
Upon motion of Regent Powers, seconded by Regent Samuel, with all
members voting aye, it was ordered that the following room and board
rates and apartment rentals be approved:
39-7
Average Increase - 6%
Maximum 9-Months Increase - $76.00
Apartments*
" 70
- 166
1 - 133 (Garner)
1 - 16 (Faculty
FY79 (FY78)
92.50
108.50
152 50
160.'00
*Includes utilities, television cable, telephone in Garner Apartments
78-47
Upon motion of Regent Bryce, seconded by Regent Powers, with all mem
bers voting aye, it was ordered that the architectural firm of Kent-
Marsellos-Scott be approved for the planning and design of the Uni
versity Center Expansion Project, and the Chairman of the Board be
authorized to sign the contract.
39-8
CONTRACT FOR ARCHITECTURAL SERVICES
CITY OF NACOGDOCHES J
THE STATE OF TEXAS $
COUNTY OF NACOGDOCHES $
THIS AGREEMENT made as of the Eleventh day of February in
the year Nineteen Hundred and Seventy Eight and between the BOARD OF
REGENTS STEPHEN F. AUSTIN STATE UNIVERSITY, NACOGDOCHES,
TEXAS acting herein by and through its President, hereinafter called the Owner,
and KENT-MARSELLOS-SCOTT, ARCHITECTS-ENGINEERS, Lufkin, Texas
hereinafter called the Architect for the following project:
REMODELING OF AND ADDITIONS TO UNIVERSITY CENTER BUILDING
The Owner and the Architect agree as set forth below.
ARTICLE 1
ARCHITECT'S SERVICES AND RESPONSIBILITIES
BASIC SERVICES
The Architect's Basic Services consist of the five phases described
in Paragraphs 1.1 through 1.5 and include normal structural,
mechanical and electrical engineering services and any other services
included in Article 15 as part of Basic Services.
1.1. SCHEMATIC DESIGN PHASE
1.1.1 The Architect shall review the program furnished by the Owner to
ascertain the requirements of the Project and shall review the under
standing of such requirements with the Owner.
39-9
10
1.1.2 The Architect shall provide a preliminary evaluation of the program •
and the Project budget requirements, each in terms of the other,
subject to the limitations set forth in Subparagraph 3.2.1.
1.1.3 The Architect shall review with the Owner alternative approaches to
design and construction of the Project.
1.1.4 Based on the mutually agreed upon program and Project budget re
quirements, the Architect shall prepare, for approval by the Owner,
Schematic Design Documents consisting of drawings and other documents
illustrating the scale and relationship of Project components.
1.1.5 The Architect shall submit to the Owner a Statement of Probable Con
struction Cost based on current area, volume or other unit costs.
1.2 DESIGN DEVELOPMENT PHASE
1.2.1 Based on the approved Schematic Design Documents and any adjust
ments authorized by the Owner in the program or Project budget, the
Architect shall prepare, for approval by the Owner, Design Development
Documents consisting of drawings and other documents to fix and describe
the size and character of the entire Project as to architectural, structural,
mechanical and electrical systems, materials and such other elements
as may be appropriate.
1.2.2 The Architect shall submit to the Owner a further Statement of Probable
Construction Cost.
1.3 CONSTRUCTION DOCUMENTS PHASE
1.3.1 Based on the approved Design Development Documents and any further
adjustments in the scope of quality of the Project or in the Project budget
39-10
11
authorized by the Owner, the Architect shall prepare, for approval by
the Owner, Construction Documents consisting of Drawings and Specifi
cations setting forth in detail the requirements for the construction of
the Project.
1.3.2 The Architect shall assist the Owner in the preparation of the necessary
bidding forms, the Conditions of the Contract, and the form of the.Agree
ment between the Owner and the Contractor.
1.3.3 The Architect shall advise the Owner of any adjustments to previous
Statements of Probable Construction Cost indicated by changes in re
quirements or general market conditions.
1.3.4 The Architect shall assist the Owner in connection with the Owner's
responsibility for filing documents required for the approval of
government authorities having jurisdiction over the Project.
1.4 BIDDING OR NEGOTIATION PHASE
1.4.1 The Architect, following the Owner's approval of the Construction
Documents and of the latest Statement of Probable Construction Cost,
shall assist the Owner in obtaining bids or negotiated proposals, and
assist in awarding and preparing contracts for construction.
1.5 CONSTRUCTION PHASE—ADMINISTRATION OF THE CONSTRUCTION
CONTRACT
1.5.1 The Construction Phase will commence with the award of the Contract
for Construction and, together with the Architect's obligation to provide
Basic Services under this Agreement, will terminate when final payment
to the Contractor is due, or in the absence of a final Certificate for
39-11
12
Payment or of such due date, sixty days after the Date of Substantial
Completion of the Work, whichever occurs first.
1.5.2 Unless otherwise provided in this Agreement and incorporated in the
Contract Documents, the Architect shall provide administration of the
Contract for Construction as set forth below and in the edition of ALA
Document A201, General Conditions of the Contract for Construction,
current as of the date of this Agreement.
1.5.3 The Architect shall be a representative of the Owner during the Construc
tion Phase, and shall advise and consult with the Owner. Instructions
to the Contractor shall be.forwarded through the Architect. The Architect
shall have authority to act on behalf of the Owner only to the extent pro
vided in the Contract Documents unless otherwise modified by written
instrument in accordance with Subparagraph 1.5.16.
1.5.4 The Architect shall visit the site at intervals appropriate to the stage of
construction or as otherwise agreed by the Architect in writing to become
generally familiar with the progress and quality of the Work and to determine
in general if the Work is proceeding in accordance with the Contract
Documents. However, the Architect shall not be required to make
exhaustive or continuous on-site inspections to check the quality or
quantity of the Work. On the basis of such on-site observations as an
Architect, the Architect shall keep the Owner informed of the progress
and quality of the work, and shall endeavor to guard the Owner against
defects and deficiencies in the Work of the Contractor.
39-12
13
1.5.5 The Architect shall not have control or charge of and shall not be
responsible for construction means, methods, techniques, sequences
or procedures, or for safety precautions and programs in connection
with the Work, for the acts or omissions of the Contractor, Subcon
tractors or any other persons performing any of the Work, or for the
failure of any of them to carry out the Work in accordance with the
Contract Documents.
1.5.6 The Architect shall at all times have access to the Work wherever it is
in preparation or progress.
1.5.7 The Architect shall determine the amounts owing to the Contractor
based on observations at the site and on evaluations of the Contractor's
Applications for Payment, and shall issue Certificates for Payment in
such amounts, as provided in the Contract Documents.
1.5.8 The issuance of a Certificate for Payment shall constitute a representation
by the Architect to the Owner, based on the Architect's observations at
the site as provided in Subparagraph 1.5.4 and on the data comprising
the Contractor's Application for Payment, that the Work has progressed
to the point indicated; that, to the best of the Architect's knowledge,
information, and belief, the quality of the Work is in accordance with
the Contract Documents (subject to an evaluation of the Work for conformance
with the Contract Documents upon Substantial Completion, to the results
of any subsequent tests required by or performed under the Contract
Documents, to minor deviations from the Contract Documents correctable
39-13
prior to completion, and to any specific qualifications stated in the
Certificate for Payment); and that the Contractor is entitled to
payment in the amount certified. However, the issuance of a
Certificate for Payment shall not be a representation that the Architect
has made any examination to ascertain how and for what purpose
the Contractor has used the moneys paid on account of the Contract
Sum.
1.5.9 The Architect shall be the interpreter of the requirements of the Contract
Documents and the judge of the performance thereunder by both the
Owner and Contractor. The Architect shall render interpretations
necessary for the proper execution or progress of the Work with reasonable
promptness on written request of either the Owner or the Contractor,
and shall render written decisions, within a reasonable time, on all
claims, disputes and other matters in question between the Owner and
the Contractor relating to the execution or progress of the Work or the
interpretation of the Contract Documents.
1.5.10 Interpretations and decisions of the Architect shall be consistent with
the intent of and reasonably inferable from the Contract Documents and
shall be in written or graphic form. In the capacity of interpreter and
judge, the Architect shall endeavor to secure faithful performance by
any interpretation or decision rendered in good faith in such capacity.
1.5.11 The Architect's decisions in matters relating to artistic effect shall be
final if consistent with the intent of the Contract Documents. The
39-14
15
Architect's decisions on any other claims, disputes or other matters, includ
ing those in question between the Owner and the Contractor, shall be
subject to arbitration as provided in this Agreement and in the Contract
Documents.
1.5.12 The Architect shall have authority to reject Work which does not
conform to the Contract Documents. Whenever, in the Architect's
reasonable opinion, it is necessary or advisable for the implementation
of the intent of the Contract Documents, the Architect will have author
ity to require special inspection or testing of the Work in accordance
with the provision of the Contract Document, whether or not such Work
be then fabricated, installed or completed.
1.5.13 The Architect shall review and approve or take other appropriate action
upon the Contractor's submittals such as Shop Drawings, Product Data
and Samples, but only for conformance with the design concept of the
Work and with the information given in the Contract Documents. Such
action shall be taken with reasonable promptness so as to cause no delay.
The Architect's approval of a specific item shall not indicate approval of
an assembly of which the item is a component.
1.5.14 The Architect shall prepare Change Orders for the Owner's approval
and execution in accordance with the Contract Documents, and shall have
authority to order minor changes in the Work not involving an adjustment
in the Contract Sum or an extension of the Contract Time which are not
inconsistent with the intent of the Contract Documents.
39-15
16
1.5.15 The Architect shall conduct inspections to determine the Dates of
Substantial Completion and final completion, shall receive and forward
to the Owner for the Owner's review written warranties and related
documents required by the Contract Documents and assembled by
the Contractor, and shall issue a final Certificate for Payment.
1.5.16 The extent of the duties, responsibilities and limitations of authority
of the Architect as the Owner's representative during construction
shall not be modified or extended without written consent of the
Owner, the Contractor and the Architect.
1.6 PROJECT REPRESENTATION BEYOND BASIC SERVICES
1.6.1 If the Owner and Architect agree that more extensive representation
at the site than is described in Paragraph 1.5 shall be provided, the
Architect shall provide one or more Project Representatives to assist
the Architect in carrying out such responsibilities at the site.
1.6.2 Such Project Representatives shall be selected, employed and directed
by the Architect, and the Architect shall be compensated therefor as
mutually agreed between the Owner and the Architect as set forth in an
exhibit appended to this Agreement, which shall describe the duties,
responsibilities and limitations of authority of such Project Representatives.
1.6.3 Through the observations by such Project Representatives, the Architect
shall endeavor to provide further protection for the Owner against defects
and deficiencies in the Work, but the furnishing of such project representa
tion shall not modify the rights, responsibilities or obligations of the
Architect as described in Paragraph 1.5.
39-16
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1.7 ADDITIONAL SERVICES
The following Services are not included in Basic Services unless so
identified in Article 15. They shall be provided if authorized or con
firmed in writing by the Owner, and they shall be paid for by the
Owner as provided in this Agreement, in addition to the compensation
for Basic Services.
1.7.1 Providing analyses of the Owner's needs, and programming the re
quirements of the Project.
1.7.2 Providing financial feasibility or other special studies.
1.7.3 Providing planning surveys, site evaluations, environmental studies
or comparative studies of prospective sites, and preparing special
surveys, studies and submissions required for approvals of govern
mental authorities or others having jurisdiction over the Project.
1.7.4 Providing services relative to future facilties, systems and equipment
which are not intended to be constructed during the Construction Phase.
1.7.5 Providing services to investigate existing conditions or facilities or to
make measured drawings thereof, or to verify the accuracy of drawings
or other information furnished by the Owner.
1.7.6 Preparing documents of alternate, separate or sequential bids or pro
viding extra services in connection with bidding, negotiation or con
struction prior to the completion of the Construction Documents Phase,
when requested by the Owner.
39-17
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1.7.7 Providing coordination of Work performed by separate contractors
or by the Owner's own forces.
1.7.8 Providing services in connection with the work of a construction
manager or separate consultants retained by the Owner.
1.7.9 Providing Detailed Estimates of Construction Cost, analyses of owning
and operating costs, or detailed quantity surveys or inventories of
material, equipment and labor.
1.7.10 Providing services for planning tenant or rental spaces.
1.7.11 Making revisions in Drawings, Specifications or other documents when
such revisions are inconsistent with written approvals or instructions
previously given, are required by the enactment or revision of codes,
laws or regulations subsequent to the preparation of such documents
or are due to other causes not solely within the control of the Architect.
1.7.12 Preparing Drawings, Specifications and supporting data and providing
other services in connection with Change Orders to the extent that the
adjustment in the Basic Compensation resulting from the adjusted Con
struction Cost is not commensurate with the services required of the
Architect, provided such Change Orders are required by causes not
solely within the control of the Architect.
1.7.13 Making investigations, surveys, valuations, inventories or detailed
appraisals of existing facilities, and services required in connection
with construction performed by the Owner.
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1.7.14 Providing consultation concerning replacement of any Work damaged
by fire or other cause during construction, and furnishing services as
may be required in connection with the replacement of such Work.
1.7.15 Providing services made necessary by the default of the Contractor,
or by major defects or deficiencies in the Work of the Contractor, or by
failure of performance of either the Owner or Contractor under the Contract
for Construction.
1.7.16 Providing extensive assistance in the utilization of any equipment or
system such as initial start-up or testing, adjusting and balancing, pre
paration of operation and maintenance manuals, training personnel for
operation and maintenance, and consultation during operation.
1.7.17 Providing services after issuance to the Owner of the final Certificate
for Payment, or in the absence of a final Certificate for Payment, more than
sixty days after the Date of Substantial Completion of the Work.
1.7.18 Preparing to serve or serving as an expert witness in connection with
any public hearing, arbitration proceeding or legal proceeding.
1.7.19 Providing services of consultants for other than the normal architectural,
structural, mechanical and electrical engineering services for the Project.
1.7.20 Providing any other services not otherwise included in this Agreement
or not customarily furnished in accordance with generally accepted archi
tectural practice.
39-19
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ARTICLE 2
THE OWNER'S RESPONSIBILITIES
2.1 The Owner shall provide full information regarding requirements for
the Project including a program, which shall set forth the Owner's design
objectives, constraints and criteria, including space requirements and
relationships, flexibility and expandability, special equipment and
systems and site requirements.
2.2 If the Owner provides a budget for the Project it shall include contingen
cies for bidding, changes in the Work during construction, and other
costs which are the responsibility of the Owner, including those des
cribed in this Article 2 and in Subparagraph 3.1.2. The Owner shall,.
at the request of the Architect, provide a statement of funds available
for the Project, and their source.
2.3 The Owner shall designate, when necessary, a representative authorized
to act in the Owner's behalf with respect to the Project. The Owner or
such authorized representative shall examine the documents submitted
by the Architect and shall render decisions pertaining thereto promptly,
to avoid unreasonable delay in the progress of the Architect's services.
2.4 The Owner shall furnish a legal description and a certified land survey of
the site, giving, as applicable, grades and lines of streets, alleys,
pavements and adjoining property; rights-of-way, restrictions, easements,
encroachments, zoning, deed restrictions, boundaries and contours of
the site; locations, dimensions and complete data pertaining to
39-20
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existing buildings, other improvements and trees; and full informa
tion concerning available service and utility lines both public and
private, above and below grade including inverts and depths.
2.5 The Owner shall furnish the services of soil engineers or other con
sultants when such services are deemed necessary by the Architect.
Such services shall include test borings, test pits, soil bearing values,
percolation tests, air and water pollution tests, ground corrosion and
resistivity tests, including necessary operations for determining sub
soil, air and water conditions, with reports and appropriate professional
recommendations.
2.6 The Owner shall furnish structural, mechanical, chemical and other
laboratory tests, inspections and reports as required by law or the
Contract Documents.
2.7 The Owner shall furnish all legal, accounting and insurance counseling
services as may be necessary at any time for the Project, including
such auditing services as the Owner may require to verify the Con
tractor's Applications for Payment or to ascertain how or for what pur
poses the Contractor uses the moneys paid by or on behalf of the Owner.
2.8 The services, information, surveys and reports required by Paragraphs
2.4 through 2.7 inclusive shall be furnished at the Owner's expense, and
the Architect shall be entitled to rely upon the accuracy and completeness
thereof.
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2.9 If the Owner observes or otherwise becomes aware of any fault
or defect in the Project or nonconformance with the Contract Documents,
prompt written notice thereof shall be given by the Owner to the
Architect.
2.10 The Owner shall furnish required information and services and shall
render approvals and decisions as expeditiously as necessary for the
orderly progress of the Architect's services and of the Work.
ARTICLE 3
CONSTRUCTION COST
3.1 DEFINITION
3.1.1 The Construction Cost shall be the total cost or estimated cost to the
Owner of all elements of the Project designed or specified by the
Architect.
3.1.2 The Construction Cost shall include at current market rates, including
a reasonable allowance for overhead and profit, the cost of labor and
materials furnished by the Owner and any equipment which has been
designed, specified, selected or specially provided for by the Architect.
3.1.3 Construction Cost does not include the compensation of the Architect
and the Architect's consultants, the cost of the land, rights-of-way,
or other costs which are the responsibility of the Owner as provided in
Article 2.
3.2 RESPONSIBILITY FOR CONSTRUCTION COST
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3.2.1 Evaluations of the Owner's Project budget, Satements of Probable
Construction Cost and Detailed Estimates of Construction Cost, if any,
prepared by the Architect, represent the Architect's best judgment
as a design professional familiar with the construction industry. It is
recognized, however, that neither the Architect nor the Owner has
control over the cost of labor, materials or equipment, over the Contractor's
methods of determining bid prices, or over competitive bidding, market
or negotiating conditions. Accordingly, the Architect cannot and does
not warrant or represent that bids or negotiated prices will not vary
from the Project budget proposed, established or approved by the
Owner, if any, or from any Statement or Probable Construction Cost or
other cost estimate or evaluation prepared by the Architect.
3.2.2 No fixed limit of Construction Cost shall be established as a condition
of this Agreement by the furnishing, proposal or establishment of a
Project budget under Subparagraph 1.1.2 or Paragraph 2.2 or otherwise,
unless such fixed limit has been agreed upon in writing and signed by
the parties hereto. If such a fixed limit has been established, the
Architect shall be permitted to include contingencies for design, bidding
and price escalation, to determine what materials, equipment, component
systems and types of construction are to be included in the Contract
Documents, to make reasonable adjustments in the scope of the Project
and to include in the Contract Documents alternate bids to adjust the
Construction Cost to the fixed limit. Any such fixed limit shall be
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increased in the amount of any increase in the Contract Sum occurring
after execution of the Contract for Construction.
3.2.3 If the Bidding or Negotiation Phase has not commenced within three
months after the Architect submits the Construction Documents to the
Owner, any Project budget or fixed limit of Construction Cost shall be
adjusted to reflect any change in the general level of prices in the con
struction industry between the date of submission of the Construction
Documents to the Owner and the date on which proposals are sought.
3.2.4 If a Project budget or fixed limit of Construction Cost (adjusted as provided
in Subparagraph 3.2.3) is exceeded by the lowest bona fide bid or
negotiated proposal, the Owner shall (1) give written approval of an
increase in such fixed limit, (2) authorize renegotiating of the Project
within a reasonable time, (3) if the Project is abandoned, terminate in
accordance with Paragraph 10.2, or (4) cooperate in revising the Project
scope and quality as required to reduce the Construction Cost. In the
case of (4), provided a fixed limit of Construction Cost has been es
tablished as a condition of this Agreement, the Architect, without
additional charge, shall modify the Drawings and Specifications as
necessary to comply with the fixed limit. The providing of such service
shall be the limit of the Architect's responsibility arising from the estab
lishment of such fixed limit, and having done so, the Architect shall
be entitled to compensation for all services performed, in accordance
with this Agreement, whether or not the Construction Phase is commenced.
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ARTICLE 4
DIRECT PERSONNEL EXPENSE
4.1 Direct Personnel Expense is defined as the direct salaries of all the
Architect's personnel engaged on the Project, and the portion of the cost
of their mandatory and customary contributions and benefits related
thereto, such as employment taxes and other statutory employee
benefits, insurance, sick leave, holidays, vacations, pensions
and similar contributions and benefits.
ARTICLE 5
REIMBURSABLE EXPENSES
5.1 Reimbursable Expenses are in addition to the Compensation for Basic
and Additional Services and include actual expenditures made by the
Architect and the Architect's employees and consultants in the interest
of the Project for the expenses listed in the following Subparagraphs:
5.1.1 Fees paid for securing approval of authorities having jurisdiction over
the Project.
5.1.2 Expense of data processing and photographic production techniques
when used in connection with Additional Services.
5.1.3 Expense of any additional insurance coverage or limits, including
professional liability insurance, requested by the Owner in excess
of that normally carried by the Architect and the Architect's consultants.
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ARTICLE 6
PAYMENTS TO THE ARCHITECT
6.1 PAYMENTS ON ACCOUNT OF BASIC SERVICES
6.1.1 Payments for Basic Services shall be made monthly and shall be in
proportion to services performed within each Phase of Services, on
the basis set forth in Article 14.
6.1.2 If and to the extent that the Contract Time initially established in the
Contract for Construction is exceeded or extended through no fault of the
Architect, compensation for any Basic Services required for such ex
tended period of Administration of the Construction Contract shall be
computed as set forth in Paragraph 14.2 for Additional Services.
6.1.3 When compensation is based on a percentage of Construction Cost, and
any portions of the Project are deleted or otherwise not constructed, com
pensation for such portions of the Project shall be payable to the extent
services are performed on such portions, in accordance with the schedule
set forth in Subparagraph 14.1.2 based on (1) the lowest bona fide bid
or negotiated proposal or, (2) if no such bid or proposal is received,
the most recent Statement of Probable Construction Cost or Detailed
Estimate of Construction Cost for such portions of the Project.
6.2 PAYMENTS ON ACCOUNT OF ADDITIONAL SERVICES
6.2.1 Payments on account of the Architect's Additional Services as defined
in Paragraph 1.7 and for Reimbursable Expenses as defined in Article
5 shall be made monthly upon presentation of the Architect's statement
of services rendered or expenses incurred.
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6. 3 PAYMENTS WITHHELD
6.3.1 No deductions shall be made from the Architect's compensation on
account of penalty, liquidated damages or other sums withheld from
payments to contractors, or on account of the cost of changes in the Work
other than those for which the Architect is held legally liable.
6.4 PROJECT SUSPENSION OR TERMINATION
6.4.1 If the Project is abandoned in whole or in part, the Architect shall
be compensated for all services performed prior to receipt of written
notice from the Owner of such abandonment, together with Reimbur
sable Expenses then due and all Termination Expenses as defined in
Paragraph 10.4. If the Project is resumed after being suspended for
more than three months, the Architect's compensation shall be equitably
adjusted.
ARTICLE 7
ARCHITECT'S ACCOUNTING RECORDS
7.1 Records of Reimbursable Expenses and expenses pertaining to Addi
tional Services and services performed on the basis of a Multiple of
Direct Personnel Expense shall be kept on the basis of generally accepted
accounting principles and shall be available to the Owner or the Owner's
authorized representative at mutually convenient times.
ARTICLE 8
OWNERSHIP AND USE OF DOCUMENTS
8.1 Drawings and Specifications as instruments of service are and shall
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remain the property of the Architect whether the Project for which they
are made is executed or not. The Owner shall be permitted to retain
copies of Drawings, Specifications for information and reference in
connection with the Owner's use and occupancy of the Project. The
Drawings and Specifications shall not be used by the Owner on other
projects, for additions to this Project, or for completion of this Project
by others provided the Architect is not in default under this Agreement,
except by agreement in writing and with appropriate compensation
to the Architect.
8.2 Submission or distribution to meet official regulatory requirements or
for other purposes in connection with the Project is not to be construed
as publication in derogation of the Architect's rights.
ARTICLE 9
ARBITRATION
9.1 All claims, disputes and other matters in question between the parties
to this Agreement, arising out of or relating to this Agreement or the
breach thereof, shall be decided by arbitration in accordance with the
Construction Industry Arbitration Rules of the American Arbitration
Association then obtaining unless the parties mutually agree otherwise.
No arbitration, arising out of or relating to this Agreement, shall include,
by consolidation, joinder or in any other manner, any additional person
not a party to this Agreement except by written consent containing a
specific reference to this Agreement and signed by the Architect, the
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Owner, and any other person sought to be joined. Any consent to
arbitration involving an additional person or persons shall not constitute
consent to arbitration of any dispute not described therein. This
Agreement to arbitrate and any agreement to arbitrate with an addi
tional person or persons dully consented to by the parties to this Agree
ment shall be specifically enforceable under the prevailing arbitration law.
9.2 Notice of the demand for arbitration shall be filed in writing with the
other party to this Agreement and with the American Arbitration Associa
tion. The demand shall be made within a reasonable time after the claim,
dispute or other matter in question has arisen. In no event shall the
demand for arbitration be made after the date when institution of legal
or equitable proceedings based on such claim, dispute or other matter
in question would be barred by the applicable statute of limitations.
9.3 The award rendered by the arbitrators shall be final, and judgment
may be entered upon it in accordance with applicable law in any court
having jurisdiction thereof.
ARTICLE 10
TERMINATION OF AGREEMENT
10.1 This Agreement may be terminated by either party upon seven days'
written notice should the other party fail substantially to perform in
accordance with its terms through no fault of the party initiating the
termination.
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10.2 This Agreement may be terminated by the Owner upon at least seven
days1 written notice to the Architect in the event that the Project is
permanently abandoned.
10.3 In the event of termination not the fault of the Architect, the Architect
shall be compensated for all services performed to termination date,
together with Reimbursable Expenses then due and all Termination
Expenses as defined in Paragraph 10.4.
10.4 Termination Expenses include expenses directly attributable to termina
tion for which the Architect is not otherwise compensated, plus an
amount computed as a percentage of the total Basic and Additional Com
pensation earned to the time of termination, as follows:
.1 20 percent if termination occurs during the Schematic
Design Phase; or
.2 10 percent if termination occurs during the Design Develop
ment Phase; or
.3 5 percent if termination occurs during any subsequent phase.
ARTICLE 11
MISCELLANEOUS PROVISIONS
11.1 Unless otherwise specified, this Agreement shall be governed by the law
of the principal place of business of the Architect.
11.2 Terms in this Agreement shall have the same meaning as those in AIA
Document A201, General Conditions of the Contract for Construction,
current as of the date of this Agreement.
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11.3 As between the parties to this Agreement: as to all acts or failures
to act by either party to this Agreement, any applicable statute of
limitations shall commence to run and any alleged cause of action shall
be deemed to have accrued in any and all events not later than the
relevant Date of Substantial Completion of the Work, and as to any
acts or failures to act occurring after the relevant Date of Substantial
Completion, not later than the date of issuance of the final Certificate
for Payment.
11.4 The Owner and the Architect waive all rights against each other and
against the contractors, consultants, agents and employees of the other
for damages covered by any property insurance during construction
as set forth in the edition of AIA Document A201, General Conditions,
current as of the date of this Agreement. The Owner and the Architect
each shall require appropriate similar waivers from their contractors,
consultants and agents.
ARTICLE 12
SUCCESSORS AND ASSIGNS
12.1 The Owner and the Architect, respectively, bind themselves, their
partners, successors, assigns and legal representatives to the other
party to this Agreement and to the partners, successors, assigns and
legal representatives of such other party with respect to all covenants of
this Agreement. Neither the Owner nor the Architect shall assign, sublet
or transfer any interest in this Agreement without the written consent
of the other.
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ARTICLE 13
EXTENT OF AGREEMENT
13.1 This Agreement represents the entire and integrated agreement between
the Owner and the Architect and supersedes all prior negotiations, re
presentations or agreements, either written or oral. This Agreement
may be amended only by written instrument signed by both Owner and
Architect.
ARTICLE 14
BASIS OF COMPENSATION
The Owner shall compensate the Architect for the Scope of Services
provided, in accordance with Articled, Payments to the Architect,
and the other Terms and Conditions of this Agreement, as follows:
14.1 BASIC COMPENSATION
14.1.1 FOR BASIC SERVICES, as described in Paragraphs 1.1 through 1.5, and
any other services included in Article 15 as part of Basic Services, Basic
Compensation shall be computed as follows:
For work awarded under a single stipulated sum contract:
New work Seven per cent (7%) of the Construction Cost.
Remodeling Nine and 31/100 per cent (9.31%) of the
Construction Cost.
14.1.2 Where compensation is based on a Stipulated Sum or Percentage of
Construction Cost, payments for Basic Services shall be made as pro
vided in Subparagraph 6.1.2, so that Basic Compensation for each
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Phase shall equal the following percentages of the total Basic
Compensation payable:
Schematic Design Phase: percent (15%)
Design Development Phase: percent (35%)
Construction Documents Phase: percent (75%)
Bidding or Negotiation Phase: percent (80%)
Construction Phase: percent (100%)
14.2 COMPENSATION FOR ADDITIONAL SERVICES
14.2.1 FOR ADDITIONAL SERVICES OF THE ARCHITECT, as described in Para-graph
1.7, and any other services included in Article 15 as part of Addi
tional Services, but excluding Additional Services of consultants, Com
pensation-shall be computed as follows:
Principals time at the fixed rate of $40.00 per hour. For
the purpose of this agreement the principals are:
Wilbur Kent
Floyd Marsellos
Ray Scott
Employees time (other than principals) at a multiple of 2-1/2
times the employee's Direct Personnel Expense as defined in
Article 4.
14.2.2 FOR ADDITIONAL SERVICES OF CONSULTANTS, including additional
structural, mechanical and electrical engineering services and those
provide under Subparagraph 1.7.21 or identified in Article 15 as part
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of Additional Services, a multiple of (1.5) times the amounts billed
to the Architect for such services.
14.3 FOR REIMBURSABLE EXPENSES, as described in Article 5, and any
other items included in Article 15 as Reimbursable Expenses, a multiple
of (1.0) times the amounts expended by the Architect, the Architect's
employees and consultants in the interest of the Project.
14.4 Payments due the Architect and unpaid under this Agreement shall
bear interest beginning sixty days from the date payment is due at the
rate of 6%.
14.5 The Owner and the Architect agree in accordance with the Terms and
Conditions of this Agreement that:
14.5.1 IF THE SCOPE of the Project or of the Architect's Services is changed
materially, the amounts of compensation shall be equitably adjusted.
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NUMBER OR COUNTERPART COPIES
This Contract is executed in four counterparts.
IN WITNESS WHEREOF the parties hereto have made and executed this
Agreement, the day and year first above written.
BOARD OF REGENTS
STEPHEN F . AUSTIN STATE UNIVERSITY
ATTEST:
Secretary
By /j$
/ President of the Board
KENT, MARSELLOS AND SCOTT
ARCHITECTS-ENGINEERS
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78-48
Upon motion of Regent Golden, seconded by Regent Todd, with all
members voting aye, it was ordered that the architectural firm of
Bernard Johnson, Incorporated be approved for the planning and
design of Student Housing Facilities Project, and that the Chairman
of the Board be authorized to sign the contract.
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, ___ 37
JOHNSON O X I I r— '
btandard Form of Agreement Between
Owner and Architect - Engineer
(When Percentage of Construction Cost is Basis for Compensation for Services)
This Agreement made the_j_7th day of February 19_78_by and between Stephen F.
Austin State Uniyersity
hereinafter called "the Owner/' and Bernard Johnson Incorporated, a Corporation organized
and operating under the laws of the State of Texas, hereinafter called the "A-E."
WITNESSETH, that it is the intention of the Owner to__._£qns_truct jnj?_n^a|iTp_^stjjd_ent Rousing
cpmpjex__
hereinafter referred to as ."the Project."
NOW, THEREFORE, the Owner and the A-E agree as set forth below.
I. TheA-E shall provide professional services for the Project in accordance with the Terms
and Conditions of this Agreement.
II. The Owner shall compensate the A-E in accordance with the Terms and Conditions of
this Agreement, as follows:
A. For the A-E's Basic Services, as described in Paragraph 1.1, a Basic Fee computed
at the following percentages of the Construction Cost, as defined in Article 3, for
portions of the Project to^be awarded under:
A Single Stipulated Sum Contract percent (71/2%)
Contract Form J1 108
June 1975 ejd
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-3' a fee
Dollars <$5
Employees' time computed at a multiple_^ltyy.o.and_qne_5yarter__
ArtidA" ~ timeS ^^ emp'°yeeS' Direct Pers°™e' Expense as^defined in
C. For the A-E's Reimbursable Expenses, amounts expended as defined in Article 5.
D. The Times and Further Conditions of Payment shall be as described in Article 6.
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TERMS AND CONDITIONS OF AGREEMENT
BETWEEN
OWNER AND ARCHITECT-ENGINEER (A-E)
ARTICLE 1
A-E's SERVICES
1.1 BASIC SERVICES
The A-E's Basic Services consist of the five
phases described below and include normal
architectural, structural, mechanical, elect
rical and civil engineering services.
SCHEMATIC DESIGN PHASE
1.1.1 The A-E shall consult with the Owner to
ascertain the requirements of the Project and shall
confirm such requirements to the Owner.
1.1.2 Based upon the mutually agreed upon Pro
gram, the A-E shall prepare Schematic Design
Studiesconsisting of drawings and other documents
illustrating the scale and relationship of Project
components for approval by the Owner.
1.1.3 The A-E 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 A-E shall prepare from the approved
Schematic Design Studies, for approval by the
Owner, the Design Development Documents, con
sisting 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 A-E shall submit to the Owner a
further Statement of Probable Construction Cost.
CONSTRUCTION DOCUMENTS PHASE
1.1.6 The A-E shall prepare from the approved
Design Development Documents, for approval by
the Owner, drawings and specifications setting
forth in detail the requirements for the construc
tion of the entire Project including the necessary
bidding information, and shall assist in the pre
paration of bidding forms, the conditions of the
contract, and the form of agreement between the
Owner and the Contractor.
1.1.7 The A-E shall advise the Owner of any
adjustments to previous Statements of Probable
Construction Cost indicated by changes in require
ments or general market conditions.
1.1.8 The A-E shall assit the Owner in filing the
required documents for the approval of the govern
mental authorities having jurisdiction over the
Project.
BIDDING OR NEGOTIATION PHASE
1.1.9 The A-E following the Owner's approval
of the Construction Documents and the latest
Statement of Probable Construction Cost, shall
assist the Owner in obtaining bids or negotiated
proposals, and in awarding and preparing con
struction documents.
CONSTRUCTION PHASE
1.1.10 The Construction Phase will commence
with the award of the construction contract and
will terminate when final certificate for payment
is issued to the Owner.
1.1.11 The A-E shall provide Construction Phase
Services as set forth in the 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 A-E, 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 A-E. The A-E shall have authority
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to act on behalf of the Owner to the extent
provided in the General Conditibns unless otherwise
modified in writing.
1.1.13 The A-E shall at all times have access to
the work wherever it is in preparation or progress.
1.1.14 The A-E 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 A-E, he shall endeavor
to guard the Owner against defects and deficiencies
in the work of the Contractor. The A-E shall not
be required to make exhaustive or continuous
on-site inspections to check the quality or quantity
of the work. The A-E shall not be responsible for
construction means, methods, techniques, se
quences 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 Document.
1.1.15 Based on observations of construction
progress at the site and on a review of the
Contractor's Payment Request, the A-E shall make
recommendations relative to progress payments.
The A-E 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 A-E shall be, in the first instance,
the interpreter of the requirements of the Con
tract Documents and the impartial judge of
the performance thereunder by both the Owner
and Contractor. The A-E 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
A-E's decisions in matters relating- to artistic
effect shall be final if consistent with the intent
of the Contract Documents.
1.1.17 The A-E shall have authority to reject
work which does not conform to the Contract
Documents.
1.1.18 The A-E shall review and comment on shop
drawings, samples and other submissions of the
Contractor relative to items conforming to general
project concept.
1.1.19 The A-E shall prepare change orders.
1.1.20 The A-E shall conduct inspections to deter
mine the dates of substantial completion and final
completion, shall receive written guarantees and
related documents assembled by the Contractor,
and issue a final certificate for payment, based on
the Contractor's affidavits.
1.1.21 The A-E shall not be responsible for the
acts or omissions of the Contractor, or any
Subcontractor's agents or employees, or any other
persons performing any of the work.
1.2 PROJECT REPRESENTATION BEYOND
BASIC SERVICES (INCLUDED SEE
SPECIAL PROVISIONS ART. 14.0)
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 A-E agree, the A-E shall provide one or
more full time Project Representatives to assist the
A-E.
1.2.2 Such full time Project Representatives shall
be selected, employed and directed by the A-E, and
the A-E shall be compensated therefore at rates
mutually agreed to prior to commencement of these
services.
1.2.3 Through the on-site observations by full
time Project Representatives of the work in
progress, the A-E 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 A-E responsible
for the Contractor's failure to perform the work
in accordance with the Contract Documents.
1.3 ADDITIONAL SERVICES
The following services are not covered in
Paragraphs 1.1. If any of these Additional
Services are authorized by the Owner, they
shall be paid for by the Owner as herein
before provided.
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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 planning surveys, site evaluations,
or comparative studies of prospective sites.
1.3.4 Making measured drawings of existing
construction when required for planning additions
of alterations thereto.
1.3.5 Revising previously approved drawings,
specifications or other documents to accomplish
changes not initiated by the A-E.
1.3.6 Preparing change orders and supporting data
where the change in the basic fee resulting from the
adjusted contract sum is not commensurate with
the A-E's services required.
1.3.7 Providing detailed estimates of construction
costs (such as labor and material breakdown).
1.3.8 Providing consultation concerning replace
ment 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 neces
sary by the default of the Contractor in the
performance of the Construction Contract.
1.3.10 Providing Construction Phase Services after
the contract time has been exceeded through no
fault of the A-E. It.is anticipated that the services
will be performed over a period not exceeding the
construction time included in the specifications or
bid form, plus thirty (30) days.
1.3.11 Furnishing the Owner a set of reproducible
record prints of drawings showing significant
changes made during the construction process,
based on marked up prints, drawings and other data
furnished by the Contractor to the A-E.
1.3.12 Preparing detailed renderings, exhibits, or
scale models for the Project.
1.3.13 Providing interior design and other services
required for or in connection with the selection of
furniture and furnishings.
1.3..14 Providing services as an expert witness in
connection with any public hearing arbitration
proceeding, or the proceedings of a court of record.
1.3.15 Providing services for planning tenant or
rental spaces.
1.3.16 Providing special utility permit drawings.
ARTICLE 2
THE OWNER'S RESPONSIBILITIES
2.1 The Owner shall provide full information
regarding his requirements 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 A-E and shall
render decisions pertaining thereto,
promptly, to avoid unreasonable delay in
the progress of the A-E's work.
2.3 The Owner shall furnish, or shall reimburse
the A-E for, land survey of the site;
giving, as applicable, grades and lines of
streets, alleys, pavements and adjoining
property; rights-of-way, restrictions, ease
ments, encroachments, zoning, deed re
strictions, boundaries and contours of the
site; locations, dimensions and complete
data pertaining to existing buildings, other
improvements and trees; and full informa
tion concerning available service and utility
lines both public and private.
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2.4 The Owner shall furnish, or shall reimburse
the A-E for, the services of a soils engineer,
when such services are deemed necessary
by the A-E, including reports, test borings,
test pits, soil bearing values and other
necessary operations for determining subsoil
conditions.
2.5 The Owner shall furnish structural, mech
anical, chemical and other laboratory tests,
inspection and reports as required by law
or the Contract Documents.
2.6 The Owner shall furnish such legal,
accounting and insurance counseling
services as may be necessary for the Project,
and such auditing services as he may
require to ascertain how or for what pur
poses 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 obtained at the
Owner's expense, and the A-E shall be
entitled to rely upon the accuracy 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 A-E.
2.9 The Owner shall furnish information
required of him expeditiously as necessary
for the orderly progress of the work.
ARTICLE 3
CONSTRUCTION COSTS
3.1 Construction Cost to be used as a basis for
determining the A-E's fee for all work
designed or specified by the A-E, including
labor, materials, equipment and furnishings,
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 designed or specified, but not
constructed, the lowest bona fide bid received
from a qualified bidder for any or all such work,
or
3.1.3 For work for which bids are not received,
(1) the latest Detailed Cost Estimate, or (2) the
A-E's latest Statement of Probable Construction
Cost.
3.2
3.3
3.4
4.1
Construction Cost does not include the fees
of the A-E 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.
Labor furnished by the Owner for the
Project shall be included in the Construction
Cost at current market rates. 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.
Statements of Probable Construction Cost
and Detailed Cost Estimates prepared by
the A-E represent his best judgment as
a design professional familiar with the
construction industry. It is recognized,
however, that neither the A-E 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 A-E
cannot and does not guarantee that bids
will not vary from any Statement of
Probable Construction Cost or other cost
estimate prepared by him.
ARTICLE 4
DIRECT PERSONNEL EXPENSE
Direct Personnel Expense of employees
engaged on the Project includes architects,
engineers, designers, programmers, drafts
men, specification writers and typists, in
39-42
43
4.2
consultation and design, in producing
drawings, specifications and other docu
ments pertaining to the Project and in
services during construction at the site.
Direct Personnel Expense includes cost of
salaries plus thirty percent (30%), for
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 Fees for Basic and Additional Services
and include actual expenditures made by
the A-E, his employees, or his consultants
in the interest of the Project for those
incidental expenses listed in the following
Subparagraphs:
5.1.1 ''Subcontract Expense" is that incurred by
the A-E in employment of other firms or special
consultants for services not a part of normal basic
services, such as soil borings and tests, scale models,
etc. Reimbursement for non-labor and subcontract
expense shall be at direct invoice cost plus ten
percent (10%).
5.1.2 Expense of transportation and living, in
cluding long distance telephone calls, when travel
ing in connection with the Project for other than
regular trips to the Owner's office or to the site,
and when authorized by the Owner. Travel in
the A-E's vehicles will be invoiced at fifteen
cents ($0.15) per mile.
5.1.3 Expense of reproductions, postage and
handling of drawings and specifications, excluding
copies for A-E's office use and duplicate sets at
each phase for the Owner's review and approval;
and fees paid for securing approval of authorities
having jurisdiction over the project.
6.1
ARTICLE 6
PAYMENTS
Payments for the A-E's Basic Services shall
be made to the A-E in Houston,
Texas , as follows:
6.1.1 Payments shall be made monthly in
proportion to services performed to increase the
compensation for Basic Services to the following
percentages of the Basic Fee at the completion of
each phase of the work:
Schematic Design Phase 15%
Design Development Phase 35%
Construction Documents Phase 75%
Bidding or Negotiation Phase 80%
Construction Phase 100%
6.2 Payments for Additional Services of the
A-E as defined in Paragraph 1.3, and for
Reimbursable Expenses as defined in Article
5. shall be made monthly upon presentation
of the A-E's statement of services rendered.
6.3 No deductions shall be made from the
A-E's compensation for penalty, liquidated
damages, or other sums withheld from
payments to contractors.
6.4 If the Project is suspended for more than
three (3) months or abandoned in whole or
in part, the A-E shall be paid his fees 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 sus
pension or abandonment.
6.5 Any payments not made within thirty (30)
days on statements rendered in accordance
with the above provisions shall be subject
to a charge for interest at the rate of ten
(10) percent per annum, and failure to
make such payments accordingly shall en
title A-E to suspend services.
39-43
44
ARTICLE 7
A-E's ACCOUNTING RECORDS
Records of the A-E's Direct Personnel,
Consultant and Reimbursable Expenses
pertaining to the Project shall be kept on a
generally recognized accounting basis and
shall be available to the Owner or his auth
orized representative at mutually convenient
times.
■ARTICLEJ?
TERMINATION OF AGREEMENT
This Agreement may be terminated by
either party upon seven (7) days written
notice should the other party fail substan
tially to perform in accordance with its
terms through no fault of the other. If
the Project is terminated, abandoned or
suspended upon completion of any phase
of the A-E services, payment to the A-E
will be made as outlined under Article 6.
If the project is terminated, or is aban
doned or suspended for more than three
months, during any phase of the work, the
A-E shall be paid for services rendered
during such phase on the basis of his
reasonable estimate of the portion of such
phase completed prior to suspension or
termination of the project. The A-E shall
be equitably paid for services rendered
prior to the effective termination date
and for reasonable termination expenses.
ARTICLEJ£
SUCCESSORS AND ASSIGNS
The Owner and the A-E 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
A-E shall assign, sublet or transfer his
interest in this Agreement without the
written consent of the other.
ARTICLEJ2
EXTENT OF AGREEMENT
This Agreement represents the entire and
integrated agreement between the Owner
and the A-E 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 A-E.
ARTICLE 12
APPLICABLE LAW
Unless otherwise specified, this Agreement
shall be governed by the law of the
principal place of business of the A-E.
ARTICLE 9
OWNERSHIP OF DOCUMENTS
Drawings and specifications as instruments
of service are, and shall remain, the
property of the A-E 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 A-E.
ARTICLE 13
PROFESSIONAL RESPONSIBILITIES
The A-E's scope of authority does not include
the expenditure of the Owner's funds through
changes, disbursement powers, or supervision
of the Construction Contractor's men or his
subcontractors. As tg warranty or guaranty of,
or patent indemnity on, items of machinery]
equipment of other products manufactured
by others, or work of construction contract
ors,^ subcontractors, or manufacturers, the
A-E's responsibility with respect thereto is
39-44
limited to the assignment by the A-E to the
Owner of the manufacturer's or construction
contractor's warranty or guaranty and/or
patent indemnity, and the A-E agrees to co
operate with the Owner in the enforcement
thereof. The A-E shall not be liable for any
indirect or consequential loss or damage aris
ing out of the performance of services here-under,
including, but not limited to, loss of
profit, or business interruption, whethercausec
by the negligence of the A-E or otherwise
The A-E shall be included as additional insurec
on Builders' Risk (on All-Risk Basis) and or
the Contractor's General Liability policies. Ir
no event shall the legal liability of the A-E
for damages exceed the total compensation
received by the A-E for services rendered here
under.
ARTICLE 14
SPECIAL PROVISIONS
in
A)
This Agreement executed the day and year first written above.
STATE UNIVERSITY BERNARD ^NSON INCORPORATED
L. D.
// James I. Perkins
1
ATTEST;
T... T
__.Vicefresident
39-45
46
ATTACHMENT A
SCOPE OF FEASIBILITY STUDY
This study will document the necessary investigation, planning and analysis to serve as a basis of campus housing
development and support the financial arrangements required for construction. In providing the feasibility
study, the A-t shall:
A. Prepare an economic analysis/diagnosis of housing uses, mix, rent structure, vacancy and pros
pects for market capture. This economic analysis will proceed more or less concurrently with
physical design, paralleling it at each stage of the development process. The economic analysis
will include:
1. Survey of Nacogdoches' existing rental market:
a. Rent levels (by unit size and quality)
b. Occupancy levels (by unit size and quality)
c. Recent trends in apartment construction (by building type and apartment unit)
2. Estimate overall rental demand by:
a. Building type (high rise, garden, etc.)
b. Unit size (efficiency, 1-, 2-, 3-bedroom)
. 3. Recommend number of units and rentals, weighing these factors:
a. Apartment mix (based on market demand and student surveys)
b. Amenities for each unit (by size and type)
c. Comparable rents
4. Estimate "absorption" period for apartment units.
B. Prepare schematic alternative housing unit development plans showing pros and cons of each
in terms of functional, economics and student acceptance.
C. Provide Cost Estimates for each housing unit based upon the approved Schematic Design Studies.
D. Provide Financial Proforma for the selected units showing the financial structure including
operating expenses and revenues.
E. Review and prepare the above data and information through close coordination with the Uni
versity s bonding agency to result in a viable financial program that outlines the basic size
cost, amenities and requirements of the initial housing development.
39-46
47
78-49
motionof Regent Bryce, seconded by Regent Samuel, with all
rs voting aye it was ordered that the construction contract
Figg Construction Company for the construction of the Uni-tv
STtnu det nt Healthh SSeerrvViicCe6sS CClUinniicc' iinn tthhee aammoouu"ntt ooff
.00 be ratified as approved on December 1, 1977.
39-47
48
THE AMERICAN INSTITUTE OF ARCHITECTS
AIA Document A101
Standard Form of Agreement Between
Owner and Contractor
where the basis of payment is a
STIPULATED SUM
aJ*11S DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES; CONSULTATION WITH
AN ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION
Use only with the latest Edition of AIA Document A201, General Conditions of the Contract for Construction.
This document has been approved and endorsed by The Associated General Contractors of America.
AGREEMENT
made this 1st
Hundred and Seventy-Seven
day of December in the year of Nineteen
BETWEEN the Owner: Stephen F. Austin State University
Nacogdoches County, Texas
and the Contractor:
the Project:
Pigg Construction Company, Inc.
Center, Texas
University Health Service
the Architect: Golemon & Rolfe, Architects
Houston, Texas
The Owner and the Contractor agree as set forth below.
THAF AM^PirAM1^r^^^?nJRACT0R AGREEMENT • JANUARY 1974 EDITION • AIA® • ©1974
THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D. C. 20006
39-48
49
ARTICLE 1
THE CONTRACT DOCUMENTS
Agreement or repeated herein. An enumeration of the Contract Documents appears in ArScle 7
ARTICLE 2
THE WORK
The Contractor shall perform all the Work required by the Contract Documents for
(Here msert the caption descriptive 0/ (he Work as used on other Contract Documents.)
University Health Service
Stephen F. Austin State University
Project Number 7718
ARTICLE 3
TIME OF COMMENCEMENT AND COMPLETION
Owner"™* ""^ ^ Contract sha" be com—d upon written Notice to Proceed
Owner
and completed by 1 September 1978.
(Here insert any special provisions lor liquidated damages relating to failure to complete on time.)
^ AM^,rEAMT^0T,T,^^ER'CONTRACTORACREEMENT * JANUARY 1974 EDITION • AIA® • ©1974
THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON D C 20006
39-49
50
ARTICLE 4
CONTRACT SUM
The Owner shall pay the Contractor for the performance of the Work, subject to additions and deductions by Change
Order as provided in the Conditions of the Contract, in current funds, the Contract Sum of
SIX HUNDRED FIFTY-SIX THOUSAND ONE HUNDRED SEVENTY AND NO/100 DOLLARS ($656,170.00),
(State here the lump sum amount, unit prices, or both, as desired.)
plus additive or deductive unit prices for borings, concrete, forms and reinforcing
steel as listed in Pigg Construction Co. Form for Bidding dated 1 November 1977.
Labor and Material Breakdown
Labor $ 85,000.00
Material 571,170.00
NET CONTRACT SUM $656,170.00
ARTICLE 5
PROGRESS PAYMENTS
Based upon Applications for Payment submitted to the Architect by the Contractor and Certificates for Payment issued
by the Architect, the Owner shall make progress payments on account of the Contract Sum to the Contractor as pro
vided in the Conditions of the Contract as follows:
On or about the 5th day of each month ninety (90%) per cent of
the proportion o\ the Contract Sum properly allocable to labor, materials and equipment incorporated in the Work
and ninety (90%) per cent of the portion of the Contract Sum properly allocable to materials and
equipment suitably stored at the site or at some other location agreed upon in writing by the parties, up to
five (5) days prior to the date on which the Application for Payment is submitted, less the aggregate
of previous payments in each case; and upon Substantial Completion of the entire Work, a sum sufficient to'increase
the total payments to ninety-five (95%) Per cent of the Contract Sum, less such retainages as the Architect
shall determine for all incomplete Work and unsettled claims.
C°mraC* Documcm5' here insen anV Provision (or limiting or reducing the amount retained alter the Work reachh es a certain
Any moneys not paid when due to either party under this Contract shall bear interest at the legal rate in force at the
place of the Project.
AIA DOCUMENT A101 • OWNER-CONTRACTOR AGREEMENT '• JANUARY "1974 EDITION • AIA® • ©1974
THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D. C. 20006 3
39-50
51
ARTICLE 6
FINAL PAYMENT
Final payment, constituting the entire unpaid balance of the Contract Sum, shall be paid by the Owner to the
Contractor days after Substantial Completion of the Work unless otherwise stipulated in the
Certificate of Substantial Completion, provided the Work has then been completed, the Contract fully performed
and a final Certificate for Payment has been issued by the Architect.
ARTICLE 7
MISCELLANEOUS PROVISIONS
7.1 Terms used in this Agreement which are defined in the Conditions of the Contract shall have the meanings
designated in those Conditions.
7>2a Th|6 ^°n jaCt Documen(s' which constitute the entire agreement between the Owner and the Contractor, are listed
in Article 1 and, except for Modifications issued after execution of this Agreement, are enumerated as follows-iKiS^^
sssTS^^^*^^^ s^^^^?*other Condillonsl DravWng5- 5pec'"ns-Addenda and accepted
Standard Form of Agreement Between Owner and Contractor, dated
Project Manual, dated 12 September 1977.
December 1,1977
Drawings:
Addenda:
C-l, C-2, dated 12 September 1977.
A-l through A-5, dated 12 September 1977.
S-l through S-5, dated 12 September 1977
M-l dated 12 September 1977
with Revision No. 1 dated 22 September 1977.
M-2 through M-4, dated 12 September 1977.
E-l through E-5, dated 12 September 1977.
No. 1, dated
No. 2, dated
No. 3, dated
No. 4, dated
No. 5, dated
No. 6, dated
No. 7, dated
22 September 1977.
26 September 1977.
28 September 1977.
11 October 1977.
24 October 1977.
26 October 1977.
28 November 1977.
This Agreement executed the day and year first written above.
OWNE
James r.^W3 eric ins, Chairman
The BoWd of Regents of
University
CONTRACTOR
*ank I irf
Pigg Construction Company, Inc.
AIA DOCUMENT A101 • OWNER-CONTRACTOR AGREEMENT • JANUARY 1974 EDITION • AIA® • ©1974
THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D. C. 20006
39-51
CERTIFICATE OF
INSURANCE
s MA DOCUMENT G705
52
NAME & ADDRESS OF INSURED
COVERING (show project name
AND/OR NUMBER AND LOCATION)
deSCribed P
CONSTRUCTION COMPANY, BOX kkj, CENTER, TEXAS
Stephen F. Austin State University, Nacogdoches, Texas -
Title university health Service,
Addressee:
(Owner) r
Stephen F- Austin State Univers
Board of Regents
Nacogdoches, Texas 7^96| December
Date
1. (a) Workmen's Comp.
(b) Employers' Liability
2. Comprehensive
General Liability
(a) Bodily Injury
|al
60 i 778
IOCH
80 1778 7-I-77/7S
7-I-77/78
LIMITS OF LIABILITY
'_\tmmmm-
$ ^OO,
^///////////Statutory Workmen's Compensation
One Accident and Aggregate Disease
S ^00^000. Each Occurrence—Premises and Operations
$ *500>0QQ. Each Occurrence—Independent Contractors
$500,000. Each Occurrenc COMPLETED OPERATIONS
AND PRODUCTS
$ ^QOjOQQ. Each Occurrence—Contractual
$500^000 . Aggregate ANMpLtTED OPERATIONS
(b) Personal Injury
(c) Property Damage
IOAL
7-I-77/78
$ 500> 000* Each Person Aggregate
General Aggregate
|8al
80i776
$ |00; 000 . Each Occurrence—Premises—Operations
7H-77/7S
$ 100,000. EachOccurrence-t:NoDNETPREANcDTEgRT
$100,000. Fnrh Orrurrpnrr* COMPLETED OPERATIONS
racn occurrence—AND products
$ |00,000. Each Occurrence—Contractual
Aggregate—
$ jOQ, 000 . Aggregate °RPEoATIONS' inderendent contractor,
Lomprehensive
Automobile Liability
(a) Bodily Injury
(b) Property Damage
4. (Other)
|l
801778 7-1-77/78
$^00,000. Each Person—
$ 300*000* Each Occurrence—
$ 300, 000. Each Occurrence—
UNDER GENERAL LIABILITY POLICY OR POLICIES Yes
1. Does Property Damage Liability Insurance shown include coverage for XC and U hazards? ....
2. Is Occurrence Basis Coverage provided under Property Damage Liability? ' x
3. Is Broad Form Property Damage Coverage provided for this'Project? ...'...'.' x
4. Does Personal Injury Liability Insurance include coverage for personal injury sustained by any per
son as a result of an offense directly or indirectly related to the employment of such person by the *
Insured? *
5. Is coverage provided for Contractual Liability (including indemnification 'provision)' assumed by
Insured? x
UNDER AUTOMOBILE LIABILITY POLICY OR POLICIES
1. Docs coverage above apply to non-owned and hired automobiles? x
2. Is Occurrence Basis Coverage provided under Property Damage Liability? . ][] X
(r??h"evem°crf ?aRnSionNoErWnAoLn-rGncwal of an of the THE STANDARD FlRE INSURANCE COMPANY
foregoing, fifteen (15) clays written notice shall be given to NAME OF INSURANCE COMPANY
*y the party to whom this certificate is addressed. r*Ai T A<i Tr v a c
EXTENT OF CERTIFICATION UALLAS, JLXA5
This certificate is issued as a matter of information only and ADDRESS ~"j/S ~ ~) ^~/~ (^
corners no rights upon the holder. By its issuance (he com- Mam Ar r ur i,^7?/W"7 ?" W^
p.iny does not alter, change, modify or extend any of the MANAGEMENT INSURANCE SYSTEMS
provisions of the above policies. SIGNATURE OF AUTHORIZED REPRESENTATIVE
lift a2l!T,Sm, CERTIFICATE OF INSURANCE • FEBRUARY 1973 EDITION.. AIA® .'©1073
THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., NW. WASHINGTON, D.C. 20006
No
ONE PAGE
39-52
PERFORMANCE BOND 53
(To be used in Texas as required by Chapter 93 of the
Regular Session of the 56th Legislature of Texas)
Till! STATIi ()!•' TEXAS
COUNTY ()l: NACOGDOCHES
KNOW ALL MliN BY THP.SIi PRESENTS: That we (1)
PIGG CONSTRUCTION CO.
CENTER, TEXAS , A CORPORATION hereinafter called
Principal and (3) SAFECO INSURANCE COMPANY OF AMERICA of
SEATTLE State of WASHINGTON
hereinafter called the Surety, are held and firmly bound into (4)
BOARD OF REGENTS, STEPHEN F- AUSTIN STATE UNIVERSITY
hereinafter called Owner, in the penal sum of
SIX HUNDRED FIFTY-SIX THOUSAND, ONE HUNDRED SEVENTY AND NO/100 - -
(* 656,170,00- )f in lawful money Qf
to be paid in (5) NACOGDOCHES COUNTY, TEXAS
for the payment of which sum well and truly to be made, we bind ourselves, our
heirs, executors, administrators and successors, jointly and severally, firmly
by these presents.
THE CONDITION OF THIS OBLIGATION is such that Whereas, the Principal
entered into a certain Contract with (6) BOARD OF REGENTS,
STEPHEN F. AUSTIN STATE UNIVERSITY
the Owner, dated the /j/ day of ZVc^W^ A. D., 19 7J_> a copy
of which is attached hereto and made a part hereof for the construction of:
UNIVERSITY HEALTH SERVICE
(Herein called the "Work").
Performance Bond/01
7718
39-53
54
-2-
NOW, TIlliRnFORli, if the Principal shall well, truly and faithfully
porlorm the work in accordance with the Plans, Specifications and Contract
DoctmuMUs (lur.riR the original term thereof, and any extensions thereof
which may ho granted hy the Owner, with or without notice to the Surety
:iih , .1 ^* -^^1 1 satisfy all claims and demands incurred under such Contract,
.'Md shall fully indemnify and save harmless the Owner from all costs and
daim-iKcs winch it may suffer by reason of failure to do so, and shall reimburse
3yiSe ?reruaH uUUay and 6Xpense wkich the Owner ma>' in<^ in making
any default then this obligation shall be void; otherwise to remain
in ruii force and effect.
NOW THRREFORG, if the Principal shall repair any and all defects in
said work occasioned by and resulting from defects in materials furnished
by, or workmanship of the Principal in performing the work covered by said
Contract, occurring within a period of twelve (12) months from the date of
chc Contract Completion Certificate, then this obligation shall be null and
void, otherwise to remain in full force and effect.
PROVIDED FURTHER, that if any legal action be filed upon this bond
venue shall lie in NACOGDOCHES County, State of
Icxas an, that the said Surety, for value received hereby stipulates and
aRrces that no change, extension of time, alteration or addition to the
terms ol the Contract or to the work to be performed thereunder or the
Spec.Meations accompanying the same shall in any wise affect its obligation
of this bond, and it does hereby waive notice of any such change, extension
I"™,' aitcra^on or addition to the terms of the Contract or to the work
or to the Specifications.
of A^^knTT'^ ^ b°nd iS 6XeCUted Pursuant t0 the Provisions
• ,S60.° thC ReviSed Clvil Statutes of Texas as amended by Acts
of the 56th Legislature, 1959, and all liabilities on this bond shall be
determined in accordance with the provisions of said Article to the sane
extent as if it were copied at length.
each lJnl each one of
day of
shall
DECEMBER
instrument is executed in six counterparts,
deemed an original, this the 5th
, A. D. 1.9 77.
AT'lliST:
PIGG CONSTRUCTION CO.
Principal
(Principal) Secretary
SliAI.
tncss as to Principal 77
(Address)
7718
39-54 Performance Bond/02
POWER OF ATTORNEY safeco insurance company of America
HOME OFFICE: SAFECO PLAZA
QAPPPfl SEATTLE, WASHINGTON 98185
No. 1531
KNOW ALL MEN BY THESE PRESENTS:
That Safeco Insurance Company of America, a Washington corporal ion, docs hereby appoint
... E# L# MooRE; PAT J. DUDLEY, Fort Worth, Texas-- —
its rue -and lawful atiorney(s)-,n-faet, with full authority to execute on behalf of the company fidelity and surely bonds or
undertakings and olher documents of a similar character issued by the company in the course of its business and to bind
Safeco Insurance Company of America thereby as fully as if such instruments had been duly executed by its regularly
elected officers at its home office. tunny
IN WITNESS WHEREOF, Safeco Insurance Company of America has executed and attested these presents
this 10th dav of August ^ , 9_77
WO HAMMERSLA. SECRETARY / (X/?^** /7. ^S^t^St^-Ut^f
GOMOON H SWtANY. PRESIOEMT^—'
CERTIFICATE
Extract from the By-Laws of Safeco Insurance Company of America:
-Article VI, Section 12. FIDELITY AND SURETY BONDS . . . the President, any Vice President, and the Secretary shall
each have authority to appoint individuals as attorneys-in-fact or under other appropriate titles with authority to execute on
behalf of the company fidelity and surety bonds and other documents of similar character issued by the company in the
course of its business .... On any instrument making or evidencing such appointment, the signatures may be affixed by
facsimile. On any instrument conferring such authority or on any bond or undertaking of the company the seal or a
facsimile thereof, may be impressed or affixed or in any other manner reproduced; provided, however, that the seal shall not
be necessary to the validity of any such instrument or undertaking."
Extract from a Resolution of the Board of Directors of
Safeco Insurance Company of America adopted July 28, 1970
"On any certificate executed by the Secretary or an assistant secretary of the Company setting out,
(i)The provisions of Article VI, Section 12 of the Bylaws, and
(ii) A copy of the power-of-attorncy appointment, executed pursuant thereto, and
(iii) Certifying that said powcr-of-attorney appointment is in full force and effect,
(he signature of the certifying officer may be by facsimile, and the seal of the Company may be a facsimile thereof.1'
I, W. D. Hammcrsla, Secretary of Safeco Insurance Company of America, do hereby certify that the foregoing extracts of
the By-Laws and of a Resolution of the Board of Directors of this corporation, and ^ a Power of Attorney issued pursuant
thereto, are true and correct, and that both the By-Laws, the Resolution and the Power of Attorney are still in full force and
effect.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the facsimile seal of said corporation
this 5th day of DECEMBER 19_ZZ_
SEAL
W. D. HAMMERSLA. SECRETARY
39-56
S-1300 7/76
PRINTED IN U.S.A.
57
P/UMfiNT BOND
(To ho umhI in Tcx.'is as required by Chapter (J7> of
the KoKul;ir Scission of the? f>Otli Legislature of* Texas)
Till! NTATIi 01- TEXAS
COUNTY ()!• NACOGDOQ-IES
KNOW ALL MliN BY THESE PRESENTS: That we (1)
PIGG CONSTRUCTION CO.
a (2) CORPORATION
of CENTER, TEXAS
hereinafter called Principal and (3) SAFECO INSURANCE CCMPANY OF AMERICA
of SEATILE y state of WASHINGTON hereinafter
called the Surety, are held and firmly bound unto (4)
BOARD OF REGENTS, STEPHEN F» AUSTIN STATE UNIVERSITY
hereinafter called Owner, unto all persons, firms, and corporations who may
furnish materials for, or perform labor upon the building or improvements
hereinafter referred to in the penal sum of SI^ HUNDRED FIFTY-SIX THOUSAND,
ONE HUNDRED SEVENTY AND NO/100 D0LLARS ($ 656,170.00
in lawful money of the United States, to be paid in (5)
NACOGDOCHES COUNTY, TEXAS _, for the payment of which sum well and
truly to be made, we bind ourselves, our heirs, executors, administrators and
successors, jointly and severally, firmly by these presents.
Till: CONDITION OF THIS OBLIGATION is such that Whereas, the Principal
entered into a certain contract with (6) BOARD OF REGENTS, STEPHEN F.
AUSTIN STATE UNIVERSITY " _y
thc /$/• d*y of a. d. i9
which is hereto attached and made a part hereof for the construction of:
UNIVERSITY HEALTH SERVICE
Payment Bond/01
7718 39"57
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NOW, TIII-KliRMI-, the condition of this obligation is such that, if
Mir Principal shall promptly make payment, to all claimants as defined
in Article S160 Revised Civil Statutes oF Texas, 1925, as amended by House
Bill 344, Acts 56th Legislature, Regular Session, 1959, effective April 27,
l!)f>!>, supplying labor and materials in the prosecution of the work provided
for in said Contract, then this obligation shall be null and void; otherwise,
it shall remain in full force and effect.
This bond is made and entered into sc^ely for the protection of all
claimants supplying labor and materials in the prosectuion of the work
provided for in said Contract, and all such claimants shall have a direct
right of action under the bond as provided in Article 5160, Revised Civil
Statutes, 1925', as amended by House, Bill 344, Acts 56th Legislature, Regular
Session, 1959.
PROVIDED FURTHER, that if any legal action be filed upon this bond,
venue shall lie in NACOGDOCHES County, State of Texas,
and that the said Surety, for value received hereby stipulates and agrees
that no change, extension of time, alteration or addition to the terms of
the Contract or to the work to be performed thereunder or the Specifications
accompanying the same shall in any wise affect its obligation on this bond,
and it does hereby waive notice of any change, extension of time, alteration
or addition to the terms of the Contract or to the work or to the Specifications
PROViniil) RIRTliliR, that no final settlement between the Owner and the
Contractor shall abridge the right of any beneficiary hereunder, whose claim
may be unsatisfied.
IN WITNHSS WHERliOF, this instrument is executed in six counterparts,
each one of which shall be deemed an original, this the 5th
Jay of DECEMBER , A. D., 19 77 '.
ATTI-ST:
PIGG CONSTRUCTION CO.
Principal
(Principal) Secretary BY
SI.-A I,
Witness as to Principal
Address Payment Bond/02
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/VI"l'l:ST: SAFECO INSURANCE COMPANY OF AMERICA
Surety
BY:
(Surety) Secretary x Att • P t
/->-, .-?'. E.L.Moore, Attorney-in-f-act
*
WMt^CSST%":iiS t0 Surety APPROVED AS TO FORM:
Madge Wilson /TT0RNEY GENERAL QF
511 Overhill, Arlington, Texas BY.
Acklross Assistant Attorney General
NOTIi: Date of Eond must not be prior to date of Contract,
fl) Correct name of Contractor
(2) A Corporation, A Partnership or an individual, as case
may be.
(.3) Correct name of Surety
(4) Correct name of Owner
(5) County of Parish and State
(6) Owner
(7) If Contractor is Partnership, all partners should
execute bond.
Payment Bond/03
7718
39-59
POWER OF ATTORNEY safeco insurance company of America
HOME OFFICE: SAFECO PLAZA
SAFECf) SEATTLE, WASHINGTON 98185
No. 1531
KNOW ALL MEN BY THESE PRESENTS:
That Safeco Insurance Company of America, a Washington corporation, docs hereby appoint
_ E> L> M00RE; pAT J# DUDLEYj Fort Worth>
undcruk^ '"'I' "!tOrn.ey(s>-in-factVWilh ful1 autll0rity t0 CXC-1(t °" "chalf of the company fidelity and surety bonds or
unclL.takings and other documents ol a similar character issued bv the commmv in ilu, miirw. ,,r ;,, •,,„:„,.„ .L ... ,.,.., y
in thc ~ of ^ business, a, d b ,
IN WITNESS WHEREOF, Safeco Insurance Company of America has executed and attested these presents
this J-Oth dav of August [0 77
W 0 HAMMERSLA. SECRETARY
GOROON H. SWEANY. PRESIDENT
CERTIFICATE "
Extract from the By-Laws of Safeco Insurance Company of America:
-Article VI, Section I 2, FIDELITY AND SURETY BONDS . . . the President, any Vice President, and the Secretary shall
each have authority to appoint individuals as attorncys-in-fact or under other appropriate titles with authority to execute on
behalf of the company fidelity and surety bonds and other documents of similar character issued by thc company in thc
course of its business .... On any instrument making or evidencing such appointment, the signatures may be affixed by
facsimi e. On any instrument conferring such authority or on any bond or undertaking of thc company, thc seal or a
facsimile thereof, may be impressed or affixed or in any other manner reproduced; provided, however, that the seal shall not
be necessary to the validity of any such instrument or undertaking."
Extract from a Resolution of the Board of Directors of
Safeco Insurance Company of America adopted July 28, 1970
"On any certificate executed by the Secretary or an assistant secretary of the Company setting out,
(i) The provisions of Article VI, Section 1 2 of the Bylaws, and
(ii) A copy of the powcr-of-attorncy appointment, executed pursuant thereto, and
(iii) Certifying that said power-of-attorncy appointment is in full force and effect,
the signature of thc certifying officer may be by facsimile, and the seal of thc Company may be a facsimile thereof."
I W^D. Hammcrsla, Secretary of Safeco Insurance Company of America, do hereby certify that the foregoing extracts of
the By-Laws and of a Resolution of the Board of Directors of this corporation, and of a Power of Attorney issued pursuant
thereto, are true and correct, and that both the By-Laws, the Resolution and the Power of Attorney are still in full force and
effect.
IN WITNESS WHEREOF, IJiave hereunto set my hand and affixed the facsimile seal of said corporation
,, ■ 5th DECEMBER 77
ims _ day of ? 19 #
39—60 W D HAMMERSLA. SECRETARY
S-1300 7/76
PRINTED IN U.S.A.
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78-50
Upon motion of Regent Bryce, seconded by Regent Powers, with all
members voting aye, it was ordered that the following project budget
for the University Student Health Services Clinic be approved:
Project Budget
Construction Contract ^555 170
Movable Furniture and Equipment 60*000
Landscape 10^000
Professional Fees 54 gOo
Administration Cost io'oOO
Contingency 10^000
T0TAL $800^970
Resources
1977 General Fee Bond Proceeds $650,000
Pledged Property Surplus Funds 150^970
T0TAL $800,'970
78-51
Upon motion of Regent Bryce, seconded by Regent Todd, with all
members voting aye, it was ordered that the contract with Fred's
Electric Service for $32,250 to make certain improvements to the
Starr Avenue Apartments' electrical services be approved and the
Chairman of the Board be authorized to sign the contract. Source
of Funds: Pledged Property Surplus
The contract is not included in these
minutes, because the Contractor withdrew his
bid February 28, 1978, thereby forfeiting his
bid bond of $1,612.50. Mr. Crisp withdrew
his bid since he plans to retire for health
reasons.
This project will be rebid and the results of
the bid opening will be brought to our next
Regents1 meeting, with the possible request for
approval of a contract.
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78-52
Upon motion of Regent Bryce, seconded by Regent Todd, with all mem-issue^
h ^ i* "^ °rd!red that the UniverS^ ** authorized to
1 fet°, " f°r the l0W Mds Of the subsections of the re
quirements listed m summary hereafter which will provide furnishings
F^T^V0' '"I* StUd6nt Health Services Clinic- Source of * Funds. 1977 General Fee Bond Proceeds and/or Pledged Property Surplus
Equipment/Furnishings
I. Examination Room
II. Major Scientific Equip
ment
III. Filing System
IV. Copier
V. Office Furnishings
VI. Audio-Visual Equipment
Vendor
Williams Physicians
Surgeons Supply
Tracor, Inc. (600.00)
Scientific Prod-ucts
(2,257.50)
Beckman Instru
ments (2,244.00)
Williams P$S (2,612.00)
Acratod Co.
Copy/Duplicating Products
Abel Contract Furniture
Texas Educational Aids
Amount
$18,176.04
7,773.50
6,092.63
1,525.00
19,873.50
360.40
$53,801.07
78-53
ToTinTllT °5 Regent/r>\ce> seconded by Regent Todd, with all members
voting aye, it was ordered that the contract with J. E. Kingham
Construction Company for $124,343 for the construction of Physical
Plant Department Shops Building addition be approved and the Chairman
i F,L°ard: beiauthorized to *ign the contract. Source of Funds;
Fund Surplus.
N0TE: This Project is subject to the approval
of the Coordinating Board, and it will be acted
upon at their meeting here on our campus March 10.
Upon their approval, the contract will be signed
and entered in the minutes of our next meeting
o *
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A motion was made by Regent Powers, seconded by Regent Golden, that the
meeting adjourn. Time of adjournment - 11:00 a.m.
39-63