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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 17 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 18 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. 39-18 19 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 20 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 21 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. 39-21 22 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 39-22 23 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 39-23 24 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. 39-24 25 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. 39-25 26 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. 39-26 27 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 39-27 28 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 39-28 29 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. 39-29 30 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. 39-30 31 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. 39-31 32 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 39-32 33 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 $40.00 per hour. For the purpose of this agreement the principals are: Wilbur Kent Floyd Marsellos Ray Scott Employees time (other than principals) at a multiple of 2-1/2 times the employee's Direct Personnel Expense as defined in Article 4. 14.2.2 FOR ADDITIONAL SERVICES OF CONSULTANTS, including additional structural, mechanical and electrical engineering services and those provide under Subparagraph 1.7.21 or identified in Article 15 as part 39-33 34 of Additional Services, a multiple of (1.5) times the amounts billed to the Architect for such services. 14.3 FOR REIMBURSABLE EXPENSES, as described in Article 5, and any other items included in Article 15 as Reimbursable Expenses, a multiple of (1.0) times the amounts expended by the Architect, the Architect's employees and consultants in the interest of the Project. 14.4 Payments due the Architect and unpaid under this Agreement shall bear interest beginning sixty days from the date payment is due at the rate of 6%. 14.5 The Owner and the Architect agree in accordance with the Terms and Conditions of this Agreement that: 14.5.1 IF THE SCOPE of the Project or of the Architect's Services is changed materially, the amounts of compensation shall be equitably adjusted. 39-34 35 NUMBER OR COUNTERPART COPIES This Contract is executed in four counterparts. IN WITNESS WHEREOF the parties hereto have made and executed this Agreement, the day and year first above written. BOARD OF REGENTS STEPHEN F . AUSTIN STATE UNIVERSITY ATTEST: Secretary By /j$ / President of the Board KENT, MARSELLOS AND SCOTT ARCHITECTS-ENGINEERS 39-35 36 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. 39-36 , ___ 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 39-37 38 -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. 39-38 39 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 39-39 40 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. 39-40 41 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. 39-41 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 58 -2- 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 7718 39-58 59 -3- /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. 61 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 $1,612.50. Mr. Crisp withdrew his bid since he plans to retire for health reasons. This project will be rebid and the results of the bid opening will be brought to our next Regents1 meeting, with the possible request for approval of a contract. 39-61 62 78-52 Upon motion of Regent Bryce, seconded by Regent Todd, with all mem-issue^ h ^ i* "^ °rd!red that the UniverS^ ** authorized to 1 fet°, " f°r the l0W Mds Of the subsections of the re quirements listed m summary hereafter which will provide furnishings F^T^V0' '"I* StUd6nt Health Services Clinic- Source of * Funds. 1977 General Fee Bond Proceeds and/or Pledged Property Surplus Equipment/Furnishings I. Examination Room II. Major Scientific Equip ment III. Filing System IV. Copier V. Office Furnishings VI. Audio-Visual Equipment Vendor Williams Physicians Surgeons Supply Tracor, Inc. (600.00) Scientific Prod-ucts (2,257.50) Beckman Instru ments (2,244.00) Williams P$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 * 39-62 63 78-54 A motion was made by Regent Powers, seconded by Regent Golden, that the meeting adjourn. Time of adjournment - 11:00 a.m. 39-63
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Title | Minutes of Board of Regents of Stephen F. Austin State University. 1978, Volume No. 39 |
Subject |
Meetings Universities & colleges Stephen F. Austin State University |
Description | February 11, 1978, Volume No. 39 |
Date | 1978-02-11 |
Contributors | 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 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 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 Martha McCabe, Attorney-at-Law Dr. Kent Adair, Dean, School of Forestry (SFASU) |
Repository | East Texas Research Center |
Associated Dates | 1970-1979 |
Type | Publication |
Format | |
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Transcript | 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 17 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 18 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. 39-18 19 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 20 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 21 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. 39-21 22 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 39-22 23 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 39-23 24 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. 39-24 25 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. 39-25 26 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. 39-26 27 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 39-27 28 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 39-28 29 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. 39-29 30 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. 39-30 31 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. 39-31 32 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 39-32 33 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 $40.00 per hour. For the purpose of this agreement the principals are: Wilbur Kent Floyd Marsellos Ray Scott Employees time (other than principals) at a multiple of 2-1/2 times the employee's Direct Personnel Expense as defined in Article 4. 14.2.2 FOR ADDITIONAL SERVICES OF CONSULTANTS, including additional structural, mechanical and electrical engineering services and those provide under Subparagraph 1.7.21 or identified in Article 15 as part 39-33 34 of Additional Services, a multiple of (1.5) times the amounts billed to the Architect for such services. 14.3 FOR REIMBURSABLE EXPENSES, as described in Article 5, and any other items included in Article 15 as Reimbursable Expenses, a multiple of (1.0) times the amounts expended by the Architect, the Architect's employees and consultants in the interest of the Project. 14.4 Payments due the Architect and unpaid under this Agreement shall bear interest beginning sixty days from the date payment is due at the rate of 6%. 14.5 The Owner and the Architect agree in accordance with the Terms and Conditions of this Agreement that: 14.5.1 IF THE SCOPE of the Project or of the Architect's Services is changed materially, the amounts of compensation shall be equitably adjusted. 39-34 35 NUMBER OR COUNTERPART COPIES This Contract is executed in four counterparts. IN WITNESS WHEREOF the parties hereto have made and executed this Agreement, the day and year first above written. BOARD OF REGENTS STEPHEN F . AUSTIN STATE UNIVERSITY ATTEST: Secretary By /j$ / President of the Board KENT, MARSELLOS AND SCOTT ARCHITECTS-ENGINEERS 39-35 36 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. 39-36 , ___ 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 39-37 38 -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. 39-38 39 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 39-39 40 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. 39-40 41 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. 39-41 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 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 58 -2- 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 7718 39-58 59 -3- /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. 61 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 $1,612.50. Mr. Crisp withdrew his bid since he plans to retire for health reasons. This project will be rebid and the results of the bid opening will be brought to our next Regents1 meeting, with the possible request for approval of a contract. 39-61 62 78-52 Upon motion of Regent Bryce, seconded by Regent Todd, with all mem-issue^ h ^ i* "^ °rd!red that the UniverS^ ** authorized to 1 fet°, " f°r the l0W Mds Of the subsections of the re quirements listed m summary hereafter which will provide furnishings F^T^V0' '"I* StUd6nt Health Services Clinic- Source of * Funds. 1977 General Fee Bond Proceeds and/or Pledged Property Surplus Equipment/Furnishings I. Examination Room II. Major Scientific Equip ment III. Filing System IV. Copier V. Office Furnishings VI. Audio-Visual Equipment Vendor Williams Physicians Surgeons Supply Tracor, Inc. (600.00) Scientific Prod-ucts (2,257.50) Beckman Instru ments (2,244.00) Williams P$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 * 39-62 63 78-54 A motion was made by Regent Powers, seconded by Regent Golden, that the meeting adjourn. Time of adjournment - 11:00 a.m. 39-63 |
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