Minutes of the Board of Regents of Stephen F. Austin State University. 1984, Volume No. 66

              Stephen F. Austin
State University
Minutes of the
Board of Regents
Nacogdoches, Texas
January 31,1984
Volume 66
INDEX
Minutes of the Meeting
Stephen F. Austin State University
Board of Regents
Held in Nacogdoches, Texas
January 31, 1984
84-29 Approval of Minutes of November 1, 1983 . 2
84-30 Election of President 2
84-31 Faculty and Staff Appointments 2
84-32 Changes in Status 4
84-33 Resignations 6
84-34 Terminations 7
84-35 Requests for Leave 7
84-36 Change in Holiday Schedule 7
84-37 Deletion of Master of Arts Degree 7
84-38 Approval of Master of Music Degree 7
84-39 Approval of Master of Nursing Degree 8
84-40 Approval of Underenrolled Class Report
for Spring Semester, 1984 8
84-41 Approval of Faculty Workload Reports for
Spring Semester, 1984 8
84-42 Approval of Twelfth Class Day Enrollment Report
for Spring Semester, 1984 8
84-43 Approval of Last Class Day Enrollment Report
for Fall Semester, 1983 8
84-44 Approval of Transfer of Department of
Communication to School of Applied Arts
and Sciences 8
84-45 Approval of FY84 Budget Adjustments 9
84-46 Approval of FY85 Room and Board Rates r iq
84-47 Approval of 1983 Budget Transfers . n
84-48 Approval of Rotan-Mosle Contract n
84-49 Approval of Non-Academic Employee Handbook . . n
84-50 Resolution Authorizing Abandonment of
East College Apartments . n
84-51 Approval of Increase in Stipends for Off-
Campus Courses n
84-52 Approval of Increase in Fees for Soil
Testing 12
84-53 Approval of Increase in Fees for Forage
Testing 12
84-54 Approval of Transfer of Forfeited Student
Property Deposits 12
84-55 Approval of Private Support Organizations
Policy 12
84-56 Approval of Intramural Field Lighting Project
Bid 16
84-57 Approval of Intramural Field Lighting Project
Budget 16
84-58 Approval of Bid on Intramural Field Site
Preparation Project 16
84-59 Approval of Intramural Field Site
Preparation Project Budget 16
84-60 Acceptance of Report on Purchase of Bricks
for Early Childhood Ranovation Project
and Liberal Arts Addition/Renovation
Project 17
84-61 Authorization to Purchase Hardware and Air
Conditioners for Units If II, and III 17
84-62 Authorization to Seek Bids for Summer
Projects 17
84-63 Approval of Contract with Marsellos-Scott
(Miscellaneous Summer Projects) 18
84-64 Approval of Contract with Marsellos-Scott
(Construction of a Dairy Facility) 18
84-65 Approval to Engage Services of Consultant on
Sale of Dairy Farm 18
84-66 Approval of Contract with Marsellos-Scott
(Construction of a New Forestry Field
Station) 18
Contract - Rotan-Mosle Securities, Corp. 19
Resolution 23
Contract - Marsellos-Scott - Miscellaneous 28
Summer Projects
Contract - Marsellos-Scott - Construction 57
of a Dairy Facility
Contract - Marsellos-Scott - Construction 86
of a New Forestry Field Station
MINUTES OF THE MEETING
BOARD OF REGENTS
STEPHEN F. AUSTIN STATE UNIVERSITY
HELD IN NACOGDOCHES, TEXAS
January 31, 1984
The meeting was called to order by Mr. Ted Bowen, Chairman of
the Board of Regents, at 9:00 a.m. January 31, 1984.
REGENTS -
PRESENT.* Mr. Ted Bowen of Houston
Mr. Homer Bryce of Henderson
Mrs. George Cullum, Jr. of Dallas
Mr. Fletcher Garner of Bridge City
Mr. Luke Honea of Wildwood
Mr. Larry Jackson of Piano
Mr. Glenn Justice of Dallas
Ms. Willia B. Murphy of Crockett
Mr. Phil Simpson of Dallas
STAFF -
PRESENT: Dr. William R. Johnson, President of the
University
Dr. Edwin Gaston, Vice President for Aca
demic Affairs
Dr. Baker Pattillo, Vice President for
University Affairs
Mr. Don L. Henry, Vice President for Ad
ministrative and Fiscal Affairs
Dr. Nancy Speck, Interim Director of De
velopment
Mr. Robert Provan, Legal Counsel
VISITORS: Mr. Craig Elliott, Student (Pine Log Reporter)
84-29
Upon motion of Regent Jackson, seconded by Regent Justice,
with all members voting aye, it was ordered that the minutes
of the meeting of November 1, 1983, be approved.
84-30
Upon motion of Regent Bryce, seconded by Regent Murphy,
with all members voting aye, it was ordered that Dr. William
R. Johnson be elected President of the University for the
period September 1, 1984 to August 31, 1985.
The Board of Regents unanimously resolved to acknowledge
President William R. Johnson for his outstanding past service
to the University and they further support his presidency
for the coming year.
84-31
Upon motion of Regent Justice, seconded by Regent Murphy,
with all members voting aye, it was ordered that the following
individuals be employed for the positions, dates, and salaries
indicated:
1. Department of Accounting
Dr. James R. Hemingway, 58, Ph.D. (North Texas State
University), Associate Professor of Accounting, at a
salary rate of $34,500 for 100% time for nine months,
effective September 1, 1984.
2. Department of Art
Mr. Peter A. Lisieski, 27, M.F.A., (University of
Massachusetts), Assistant Professor of Art, at a salary
rate of $9,450 for 100% time for the spring semester,
1984 only.
3. Department of Geology
Mr. Joseph R. Pate, Instructor of Geology, at a salary
rate of $7,500 for 100% time for the spring semester,
1984 only.
4 . Department of Management/Marketing
Mr. Robert S. Anderson, Lecturer in Management/Marketing,
at a salary rate of $3,151 for 50% time for the spring
semester, 1984 only.
Ms. Kelley Ann Morrison, 23, M.B.A., (Stephen F. Austin
State University), Lecturer in Management/Marketing,
at a salary rate of $4,500 for 75% time for the spring
semester, 1984 only.
Ms. Linda Whiting, Lecturer in Management/Marketing,
at a salary rate of $6,000 for 100% time for the spring
semester, 1984 only. Ms. Whiting will be employed jointly
by the Departments of Management/Marketing and
Economics/Finance for the spring semester, 1984.
5. Department of Modern Languages
Dr. Pedro M. Escamille, 39, Ph.D., (University of
Texas-Austin), Assistant Professor of Modern Languages,
at a salary rate of $11,500 for 100% time for the spring
semester, 1984 only.
6. Division of Nursing
Ms. Jamie Lee Harwood, 38, M.S.N., (Texas Woman's
University), Instructor in Nursing, at a salary rate
of $19,300 for 100% time for nine months, effective
October 18, 1983.
7. Social Work Program
Ms. Kathleen Sonja Brantley, 35, M.S.W., (Wayne State
University), Assistant Professor of Social Work, at
a salary rate of $8,775 for 100% time for the spring
semester, 1984 only. Ms. Brantley will also serve as
Interim Director for In-Home Educational Services.
8. Department of Sociology
Mr. Patrick A. Mueller, Lecturer in Sociology, at a
salary rate of $4,500 for 75% time, for the spring
semester, 1984 only. Mr. Mueller will be employed jointly
by the Department of Sociology and the Criminal Justice
Program.
9. Applied Arts and Sciences
The following individuals are employed to teach off-campus
at the time, location, and for the salary indicated
below:
10. University Library
Ms. Nancy L. Shaffer, Assistant Reference Librarian,
at a salary rate of $4,170 for 50% time for the spring
semester, 1984 only.
11. University Affairs
Mr. Travis C. Beardon, Assistant Manager of the Bookstore,
at a salary rate of $20,000 for twelve months, effective
January lf 1984.
Mr. James Hess, Athletic Director and Head Football
Coach, at a salary rate of $54,600 for twelve months,
effective January 1, 1984.
Mr. Francis Leonard Hill, Assistant Football Coach and
Instructor of Physical Education, at a salary level
of $31,763 for ten and one-half months, effective January
1, 1984.
Mr. Lynn F. Graves, Assistant Football Coach and
Instructor of Physical Education at a salary level of
$31,763 for ten and one-half months, effective January
1, 1984.
Mr. Paul Howard Wells, Jr., Assistant Football Coach
and Instructor of Physical Education at a salary level
of $30,030 for ten and one-half months, effective January
1, 1984..
Mr. Clyde Alexander, Assistant Football Coach and
Instructor of Physical Education at a salary level of
$30,030 for ten and one-half months, effective January
1, 1984.
Mr. Gary DeLoach, Assistant Football Coach and Instructor
of Physical Education at a salary level of $26,250 for
ten and one-half months, effective January 1, 1984.
12. Fiscal Affairs
Ms. Debrah G. Sykes, Payroll Assistant, at a salary
rate of $10,400 for twelve months, effective November
15, 1983.
84-32
Upon motion of Regent Bryce, seconded by Regent Cullum,
with all members voting aye, it was ordered that the following
changes in status be approved:
1. Office of the Vice President for Academic Affairs
Dr. Nancy C. Speck, from Associate Professor of
Management/Marketing and Assistant Vice President for
Academic Affairs, at a salary rate of $36,600 for 100%
time for twelve months, to Associate Professor of
Management/Marketing and Interiir Director of Development
at a salary rate of $40,000 for 100% time for twelve
mos.effective January 1, 1984 through August 31, 1984.
Dr. William J. Brophy, from Professor of History and
Department Chairman, at a salary rate of $40,260 for
100% time for eleven months, to Interim Assistant Vice
President for Academic Affairs and Professor of History
at a salary rate of $45,600 for 100% timef effective
January 15, 1984.
2. Department of English
Dr. Diane H. Corbin, from Lecturer of English, at a
salary rate of $5,208 for 75% time to a salary rate
of $6,076 for 100% time, effective October 25, 1983
through December 16, 1983. The additional time was
needed to cover classes taught by Dr. Leonard Cheever,
who is on medical leave.
Mr. William David Whitescarver, from a salary rate of
$22,565 for 100% time to a salary rate of $23,975 for
125% time, effective October 25, 1983 through December
16, 1983. The overload assignment was necessary to
cover classes taught by Dr. Leonard Cheever, who is
on medical leave.
Ms. Deborah T. Yarrow, from a salary rate of $4,875
for 75% time to a salary rate of $5,688 for 100% time,
effective October 25, 1983 through December 16, 1983.
The additional time was needed to cover classes taught
by Dr. Leonard Cheever, who is on medical leave.
3. Department of History
Dr. Thomas Nail, from Associate Professor of History,
at a salary rate of $29,843 to Associate Professor of
History and Interim Department Chairman, at a salary
rate of $37,552 for 100% time for twelve months, effective
January 15, 1984 through July 31, 1984.
4. University Affairs
Ms. Sharron Dianne Warren, from Secretary I in Student
Publications at a salary rate of $8,847 to Office Manager
at a salary rate of $10,067 effective November 1, 1983.
Ms. Cristal Shaw, from Secretary II in Health and Physical
Education to Secretary II in Women's Intercollegiate
Athletics, effective October 10, 1983.
Ms. Mary Ann Otwell, from Ladyjack Head Coach at a salary
rate of $30,833 to other duties at a salary rate of
$30,833.
Mr. Don Wilhelm, from Instructor and Assistant Ladyjack
Basketball Coach at a salary rate of $23,333 for ten
and one-half months to Ladyjack Interim Head Basketball
Coach at a salary rate of $27,500 for ten and one-half
months, effective December 6, 1983. Mr. Wilhelm will
have no teaching responsibilities while serving as
Ladyjack Interim Head Basketball Coach.
5. Fiscal Affairs
Ms, Diana Stephenson, Assistant Buyer, at a salary rate
of $10,635 to Buyer at a salary rate of $13,146 for
twelve months.
Ms. Alicia Wolf, Buyer, at a salary rate of $14,327
to Assistant Director of Purchasing at a salary rate
of $18,500 for twelve months.
Mr. Gus Triana, Carpentry Foreman, at a salary rate
of $23,308 to Building Trades Supervisor at a salary
rate of $25,500 effective January 1, 1984.
84-33
Upon motion of Regent Honea, seconded by Regent Justice,
with all members voting aye, it was ordered that the following
resignations be accepted:
1. Department of Mathematics/Statistics
Mr. Donald Robert Roose, Lecturer in Mathematics,
effective December 17, 1983.
2. Social Work Program
Ms. Carolyn S. Smith, Assistant Professor of Social
Work, effective December 31, 1983.
3. University Affairs
Alejandro Zambra, M.D., University Physician, effective
December 2, 1983.
Mary Gray, M.D., University Physician, effective December
31, 1983.
4. Fiscal Affairs
Ms. Gloria Jean Royal, Payroll Assistant, effective
October 31, 1983.
84-34
Upon motion of Regent Garner, seconded by Regent Murphy,
with all members voting aye, it was ordered that the following
termination be approved:
1. University Affairs
Ms. Sylvia Howard, Accounting Clerk II, University Center,
effective November 1, 1983.
84-35
Upon motion of Regent Justice, seconded by Regent Honea,
with all members voting aye, it was ordered that the following
requests for leave of absence be honored:
1. Department of English
Dr. Leonard A. Cheever, Professor of English, effective
October 26, 1983 through December 17, 1983. Dr. Cheever
will be on medical leave.
2. Department of Home Economics
Ms. Linda K. Freiman, Instructor of Home Economics,
effective November 11, 1983 through December 2, 1983.
Ms. Freiman has requested maternity leave.
84-36
Upon motion of Regent Bryce, seconded by Regent Garner,
with all members voting aye, it was ordered that the change
in the holiday schedule, including January 2, 1984, as a
holiday and deleting March 14, 1984, as a holiday, be
ratified.
84-37
Upon motion of Regent Justice, seconded by Regent Honea,
with all members voting aye, it was ordered that the Master
of Arts degree with a Major in Music be deleted.
84-38
Upon motion of Regent Justice, seconded by Regent Honea,
with all members voting aye, it was ordered that the Master
of Music degree be approved as submitted in Appendix No.
1.
84-39
Upon motion of Regent Justice, seconded by Regent Honeaf
with all members voting aye, it was ordered that the Master
of Nursing degree be approved as submitted in Appendix No.
2.
84-40
Upon motion of Regent Justice, seconded by Regent Honea,
with all members voting aye, it was ordered that the Chairman
of the Board be authorized to approve the underenrolled
class report for the spring semester, 1984.
84-41
Upon motion of Regent Justice, seconded by Regent Honea,
with all members voting aye, it was ordered that the Chairman
of the Board be authorized to approve the faculty workload
reports for the spring semester, 1984.
84-42
Upon motion of Regent Justice, seconded by Regent Honea,
with all members voting aye, it was ordered that the Chairman
of the Board be authorized to approve the twelfth class
day enrollment report for the spring semester, 1984.
84-43
Upon motion of Regent Justice, seconded by Regent Honea,
with all members voting aye, it was ordered that the last
class day enrollment report for the fall semester, 1983
be approved as submitted at the meeting.
84-44
Upon motion of Regent Bryce, seconded by Regent Cullum,
with all members voting aye, it was ordered that the transfer
of the Department of Communication from the School of Fine
Arts to the School of Applied Arts and Sciences be approved.
84-45
Upon motion of Regent Justice, seconded by Regent Garner,
with all members voting aye, it was ordered that the following
budget adjustments for FY84 be approved:
Account
No.
Account
Name Purpose Amount
1. 1302
7.
8.
9.
10.
VP for Academic Additional salary for
Affairs Dr. Brophy, Interim
Asst. VP Academic
Affairs
2. 1401
3. 1401
4. 1900
5. 1052
6.
Computer
Center
Computer
Center
Stone Fort
Museum
Geology
Purchase of disk drive
for Honeywell CP-6
System
Salary for added
position (Programmer
Analyst II) effec
tive Feb. 1, 1984
Purchase of security
system
Additional cost of
carryall vehicle for
field camp
Student Assistants -
Carpenter Case
Education and General
Salary for part-time
bookkeeper in Alumni
Office
Temporary student
housing
Spring Arts Festival
Purchase of 61 Texas
Instruments microcom
puters through a
special grant-purchase
program
Auxiliary Enterprise Surplus
$ 3,364
60,000
11,000
2,814
3,104
8,368
4,500
50,000
10,000
125,000
84-46
Upon motion of Regent Honea, seconded by Reqent Murphy, with all members
voting aye, it was ordered that room and board rates for FY85 be approved
as follows:
APARTMENTS (WITHOUT MEALS) RENT FOR MONTH
UNIVERSITY WOODS 400 - 432 1 BEDROOM
2 BEDROOMS
FOR ACCOUNTING PURPOSES ONLY:
$ 207.00*
207.00*
$ 234.00*
290.00**
432.00*
323.00***
448.00***
* INCLUDES UTILITIES
AND TELEVISION CABLE
** INCLUDES UTILITIES,
TELEVISION CABLE,
TELEPHONE SERVICE,
AND LAUNDRY FACILITIES
*** TELEVISION CABLE ONLY
ROOMS
CLASSIFICATION I
HALLS 9, 12, 17
CLASSIFICATION II
HALLS 7, 10, 13, 14
15, 16, 18
CLASSIFICATION III
HALLS 1, 2, 3, 5
8, 11
FALL OR SPRING
$ 541.00
518.00
400.00
MEALS
5-5
$ 287.00
5 -15 7-13
$ 700.00 $718.00
7-20
$ 741.00
SUMMER I OR II
$ 204.00
195.00
167.00
5-15
$ 268.00
11
84-47
Upon motion of Regent Justice, seconded by Regent Cullum,
with all members voting aye, it was ordered that the 1983
final fiscal year transfers between appropriated Elements
of Cost be approved, as shown in Schedule G-l of the annual
Financial Report for FY83.
84-48
Upon motion of Regent Jackson, seconded by Regent Garner,
with all members voting aye, it was ordered that the contract
with Rotan-Mosle Securities Corporation, to serve as the
University's financial advisor in designing and selling
a bond issue to finance student housing, be approved and
the Chairman of the Board be authorized to sign the contract.
(See page 19 for contract.)
84-49
Upon motion of Regent Bryce, seconded by Regent Jackson,
with all members voting aye, it was ordered that the
non-academic employee handbook, submitted under separate
cover, be approved.
84-50
Upon motion of Regent Justice, seconded by Regent Garner,
with all members voting aye, it was ordered that the
resolution authorizing the abandonment of East College
Apartments (Nos. 73 to 96) and the dismantling thereof in
accordance with the provisions of existing bond resolutions
be approved. (See page 23 for resolution.)
84-51
Upon motion of Regent Justice, seconded by Regent Garner,
with all members voting aye, it was ordered that stipends
paid to faculty members for teaching at the Coffield Center
and the off-campus bases be increased as follows, effective
September 1, 1984:
One course in-load - - - - $550 plus $1.00 per mile
round trip one time
Two courses in-load- - - - $800 plus $1.00 per mile
round trip one time
One course overload- - - - $800 plus $1.00 per mile
round trip one time
One course in-load and - - $1,300 plus $1,00 per mile
one course overload round trip one time
One course taught at - - - $125 added to whichever of
Coffield above amounts is appropri
ate plus $1.00 per mile
round trip one time
12
84-52
Upon motion of Regent Jackson, seconded by Regent Honea,
with all members voting aye, it was ordered that the following
changes in fees for soil testing services be approved:
Test Current Fee Recommended Fee
Regular Soil Test $ 4.00 $ 6.00
Regular plus Micronutrients 7.00 10.00
84-53
Upon motion of Regent Jackson, seconded by Regent Honea,
with all members voting aye, it was ordered that the following
changes in fees for forage testing be approved:
Test Current Fee Recommended Fee
Regular (protein and fiber) $ 6.00 $ 8.00
5.00* 6.00*
Regular plus P,K,Ca,Mg** 8.00 14.00
7.00* 12.00*
Nitrates as an add-on to the
above N/A 3.0 0
*Reduced fees for hay shows and for farmers with 10 or more
samples
**When the ICP comes on line Fe, Mn,Zn, Cu, B, and Mo would be
added to this list at no charge.
84-54
Upon motion of Regent Garner, seconded by Regent Cullum,
with all members voting aye, it was ordered that $75,000
be transferred from account number 7390, Student Fund, General
Property Deposit, to account number 8003, University Scholars.
84-55
Upon motion of Regent Jackson, seconded by Regent Garner,
with all members voting aye, it was ordered that the policy
on private support organizations be approved, as follows:
13
POLICY ON
PRIVATE SUPPORT ORGANIZATIONS
1. GENERAL
The Board of Regents recognizes that there are legally constituted private
organizations whose sole or primary purpose is to benefit Stephen F. Austin
State University, or teaching, research and other activities within the
University. For the purposes of this policy, each such organization shall
be called a ''private support organization.11 Examples of private support
organizations include, but are not limited to, the alumni association,
development foundations, and athletic booster organizations. The rules
herein shall govern the relationship between these organizations and the
University.
2. PROVISION OF UNIVERSITY EQUIPMENT AND FACILITIES TO PRIVATE SUPPORT
ORGANIZATION
2.1 The Board of Regents by written contract may provide a private
support organization with office space, telephone service, utilities, and
the use of other university equipment and facilities.
3. SERVICE BY OFFICER OR EMPLOYEE OF THE UNIVERSITY ON BEHALF OF A PRIVATE
SUPPORT ORGANIZATION
3.1 Members of the Board of Regents or other officers or employees of
the University may serve in similar management or decision making positions
with a private support organization.
3.2 Officers and employees of the University may perform administrative
tasks for a private support organization outside of their regular working
14
hours. The Board of Regents by written contract may authorize officers
and employees as a part of their regular duties to perform administrative
tasks for a private support organization. Administrative tasks include, but
are not limited to, activities such as the receiving, receipting, acknowl
edging, and reporting of gift funds accepted by the private support organization,
but do not include the solicitation of funds on behalf of the private support
organization.
3.3 Officers or employees whose duties routinely include solicitation
of funds on behalf of a university may solicit funds on behalf of a private
support organization if such practice is approved by the Board of Regents
and made the subject of written contract between the Board of Regents and
the private support organization.
3.4 Officers or employees whose duties do not routinely include the
solicitation of funds on behalf of the university may solicit funds on behalf
of a private support organization outside of regular working hours. The
Board of Regents by written contract may authorize such officers and employees
as a part of their regular duties to solicit funds on behalf of the private
support organization.
3.5 Any member of the Board of Regents, or officers or employees of
the University serving in a management or decision making position with a
private support organization, or rendering services of any kind whatsoever
to a private support organization, shall receive no salary or benefit for
such service from the private support organization unless the receipt of such
salary or benefit is approved by the Board of Regents.
4. ADMINISTRATION AND INVESTMENT OF FUNDS HELD BY PRIVATE SUPPORT ORGANIZATION
4.1 Funds received directly by a private support organization from a
-2-
15
donor are not subject to control by the Board of Regents until such organization
relinquishes control of the funds to the Board. This subsection shall not
apply to athletic booster organizations where it is in conflict with the
rules and regulations of intercollegiate athletic associations and the Southern
Association of Colleges and Schools.
4.2 No gift funds received by the University may be remitted to a private
support organization unless such transfer of funds is approved in writing by
the donor and the University President. In such cases, the private support
organization shall invest the funds in accordance with instructions given by
the donor and the University President. An account of all letters of written
permission by donors and transfers of gifts and bequests shall be kept by the
University and shall be reported to the State Auditor.
5. CONTRACTS WITH PRIVATE SUPPORT ORGANIZATION
5.1 Any contract with a private support organization must be approved
by the Board of Regents and must: (a) provide adequate consideration to the
public, (b) serve a public purpose, and (c) enable the Board of Regents
to maintain sufficient control over any public resources provided by the
contract to ensure that the public purpose is met.
16
84-56
Upon motion of Regent Jackson, seconded by Regent Garner,
with all members voting aye, it was ordered that the bid
with Shea-Shea Electric, Incorporated, in the amount of
$169f000 for the Intramural Field Lighting Project, be
approved and the Administration be authorized to issue a
purchase order.
84-57
Upon motion of Regent Jackson, seconded by Regent Garner,
with all members voting aye, it was ordered that the budget
for the Intramural Field Lighting Project be approved as
follows:
Contractor (Shea-Shea) $169,000
Architectural Fees (approx. 7%) 11,830
Administrative Costs 2,500
Contingency 10,000
TOTAL $193,330
84-58
Upon motion of Regent Garner, seconded by Regent Honea,
with all members voting aye, it was ordered that the bid
with Clifton Construction/Engineering, Incorporated, in
the amount of $82,862.00 for the Intramural Field Site
Preparation Project, be approved and the Administration
be authorized to issue a purchase order.
84-59
Upon motion of Regent Garner, seconded by Regent Honea,
with all members voting aye, it was ordered that the budget
for the Intramural Field Site Preparation Project be approved
as follows:
Contractor (Clifton) $ 82,862
Architectural Fees (approx. 7%) 5,800
Administrative
Costs 7,500
Contingency 5 , 000
TOTAL $101,162
17
84-60
Upon motion of Regent Honea, seconded by Regent Jackson,
with all members voting aye, it was ordered that the report
on the purchase of bricks by Snyder Construction Company,
contractor for the Early Childhood Renovation Project and
C Construction Company, contractor for the Liberal Arts
Addition/Renovation Project, be accepted.
84-61
Upon motion of Regent Cullum, seconded by Regent Jackson,
with all members voting aye, it was ordered that the
administration be authorized to request bids and issue
purchase orders to the low bidders for hardware and air
conditioners for Units I, II, and III.
Estimated Cost: $83,000
Source of Funds: Pledged Property Surplus
84-62
Upon motion of Regent Justice, seconded by Regent Jackson,
with all members voting aye, it was ordered that the
Administration be authorized to plan and obtain competitive
bids on the following summer projects:
Estimated Cost
1. Renovation of Units I, II, III
(cost estimate includes 84-61 above) $ 573,100
2. Recondition showers in Residence
Halls 7 and 10 297,000
3. Replace wooden windows with aluminum
in Mays Hall and other minor renovation 84,700
4. Replace roof on Wisely Hall and Hall 15 495,000
5. Replace roof on older section of University
Center 368,500
Source of Funds: Pledged Property Surplus
6. Replace roof and repair walls on Forestry
Building 83,400
7. Replace roof on McGee Building 129,300
Source of Funds: Unexpended Plant Funds
18
84-63
Upon motion of Regent Garner, seconded by Regent Murphy,
with all members voting aye, it was ordered that the contract
with Marsellos-Scott for the design and supervision of
miscellaneous summer projects be approved and the Chairman
of the Board be authorized to sign the contract. (See page
28 for contract).
84-64
Upon motion of Regent Justice, seconded by Regent Bryce,
with all members voting aye, it was ordered that the contract
with Marsellos-Scott to provide preliminary plans and cost
estimates for the construction of a dairy facility be approved
and the Chairman of the Board be authorized to sign the
contract. (See page 57 for contract).
84-65
Upon motion of Regent Jackson, seconded by Regent Garner,
with all members voting aye, it was ordered that the
University be permitted to engage the services of Mr. Jerry
Alexander to serve as a consultant with the University
Administration on the sale of the dairy farm.
84-66
Upon motion of Regent Bryce, seconded by Regent Murphy,
with all members voting aye, it was ordered that the
architectural firm of Marsellos-Scott be employed to prepare
preliminary plans and a cost estimate for the construction
of a new forestry field station, and that the Chairman of
the Board be authorized to sign the professional services
agreement. (See page 86 for contract), \ r
Meeting adjourned at 11:29 a.m.
19
CONTRACT
ROTAN-MOSLE SECURITIES CORPORATION
(Mr. Sam Maclin)
San Antonio, Texas
FINANCIAL ADVISOR IN DESIGNING AND SELLING
A BOND ISSUE TO FINANCE DORMITORY 20
20
Board of Regents
Stephen F. Austin State University
Stephen F. Austin Station
Nacogdoches, Texas 75962
Re: Stephen F. Austin State University Student Housing
System Revenue Bonds, Series 1984 - New Dormitory
Financing for Approximately 400 Students
I. It is in connection with the authorization, design,
issuance, sale and delivery of the subject bonds that we
offer our professional services and our facilities as
Financial Advisors and agree to perform the following duties
normally performed by such advisors and to perform such
other duties as in our judgment may be necessary or advisable:
A. To make a study of the University's existing debt
structure and after taking into consideration the past
and future operations of your existing and proposed
student housing and dining facilities as projected
by your Staff, devise and recommend for your approval
a plan of financing to cover the proposed bonds. Such
plan shall include a bond maturity schedule and other
terms and conditions, as will, in our opinion, result
in the issuance of the bonds under terms and conditions
most advantageous to the University consistent with
obtaining a minimum effective interest rate.
B. Under the direction of a firm of recognized municipal
bond attorneys to be retained by you, and whose fees
will be paid by you, to assist and advise you upon
the steps necessary to be taken in the authorization,
sale, issuance and final delivery of the bonds to the
purchaser. We will cooperate with and furnish all
financial showings which may be needed by the bond
attorneys in their preparation of the required bond
resolution and other proceedings.
C. To compile from (1) the financial data supplied
by your Staff, (2) legal information provided by your
Attorneys and (3) other general information, the
necessary Official Statements, Official Notices of
Sale and Official Bid Forms, which shall be submitted
for your approval and certification after a detailed
review by your Staff and other parties involved. The
foregoing Official Statement and other documents
mentioned shall embody our recommended financing plan.
D. To advise you of current market conditions,
forthcoming bond issues and other general information
and economic data which might normally be expected
to influence interest rates or bidding conditions so
that the date of the sale of the bonds can be set at
a time which, in our opinion, will not be unfavorable.
21
E. After your approval/ to arrange for the printing
and mailing of the Official Notices of Salef Official
Statements and Official Bid Forms at your expense to
a list of prospective bidders which we also agree to
provide,
F. To assemble the necessary material to make a personal
presentation of same to Moodyfs Investors Service,
Inc. and Standard & Poor's Corporation in New York
for the purpose of obtaining favorable ratings on your
bonds. The rating agency fees or charges for ratings
shall be paid by you.
G. To brief your Staff on procedures now required
with bond registration and, if desired, to assist in
developing duties and responsibilities of the
registrar/paying agents as well as criteria for selecting
same.
H. To be present and to assist you and your Staff
at the time dealer bids on the bonds are received.
In this connection, we will also check the bids received
for accuracy and advise you which bid, in our opinion,
represents the best bid.
I. If requested, to arrange for the printing of the
bond forms, the cost of which shall be paid by you.
J. To assist in arranging the delivery of the bonds
against payment by the purchasers thereof.
K. To furnish the information and supervise the
finalization of the Official Statements to be provided
to the purchasers of the bond issue.
L. To prepare and furnish at our expense issue
description and detailed debt service information to
the paying agent bank and the Municipal Advisory Council
of Texas, to facilitate the establishment and maintenance
of proper credit reports.
M. To prepare and furnish to the University detailed
debt service schedules designed to facilitate debt
record maintenance by the University.
N. To assist you in establishing delivery procedure
of the Initial Bond(s) and subsequent redelivery of
the definitive bonds.
0. If requested, to advise you on the temporary
reinvestment of bond proceeds.
22
P. To direct and coordinate the financial advisory
phases of the bond issuance in conjunction and
cooperation with your Staff and The Board's bond attorney.
Q. To assume and pay our out-of-pocket expenses for
intrastate travel, communications and office expense
incurred in connection with the bond issue. It is
specifically understood and agreed that our obligation
to pay expenses is limited as stated above and shall
not include any other bond issuance or delivery expenses
or the expenses of any litigation,
II. As consideration for the services rendered by us
and as reimbursement for the expenses we are to incur, it
is understood and agreed that your Board is to pay and we
are to accept a cash fee based upon the total bonds delivered
in each installment, in accordance with the following
schedule:
Amount of Issue
And Not
More Than More Than Financial Consultant Fee
$1,000,000 $ 1,500,000 $10,175.00 plus $4.65
per $1,000 for all over
$1,000,000
1,500,000 5,000,000 $12,500.00 plus $2.40
per $1,000 for all over
$1,500,000
5,000,000 10,000,000 $20,900.00 plus $1.65
per $1,000 for all over
$5,000,000
Such fee, plus reimbursement to us of cost we have advanced
in your behalf for printing and mailing of the Official
Statements and any other expenses detailed above, shall
become due and payable simultaneously with the delivery
of the Initial Bond(s) to the purchaser.
III. It is further understood and agreed that- we or our
affiliate may be a member of a bidding group on these bonds
when offered for public sale.
IV. This agreement shall be terminated by the delivery
to the purchaser of the Initial Bond(s) covered hereby.
V. This proposal is submitted in duplicate originals.
When accepted by you it will constitute the entire agreement
between your Board and the undersigned for the purpose and
considerations herein specified.
Respectfully submitted,
ROTAN MOSLE INC.
/s/ S. Maclin
Senior Vice President
ACCEPTANCE
ACCEPTED pursuant to authorization by the Board of Regent^ Ste
phen F. Austin State University, on this the 31 day of January,
/s/ Ted Bowen
23
RESOLUTION
AUTHORIZING THE ABANDONMENT OF
EAST COLLEGE APARTMENTS
(Nos. 73 to 96)
24
RESOLUTION AUTHORIZING THE ABANDONMENT OF
APARTMENTS 7 3 TO 9 6 AND THE DISMANTLING
THEREOF IN ACCORDANCE WITH PROVISIONS OF
EXISTING BOND RESOLUTIONS.
THE STATE OF TEXAS
COUNTY OF NACOGDOCHES
WHEREAS, Apartments 7 3 to 9 6 (East College
Apartments) have become a part of the Housing System of
1962 facilities created by the Board of Regents in the
resolution authorizing the issuance and sale of Board of
Regents of the State Teachers Colleges, Stephen F. Austin
State College Housing System Revenue Bonds of 1962, Series
Af Bf C and D, dated October 1, 1962, and adopted by the
Board on June 8, 1963; and
WHEREAS, the resolution authorizing said Bonds
of 1962 provided that the Board may at any time permanently
abandon the use of or sell at fair market value any of its
Housing System of 1962 facilities upon compliance with the
terms of such resolution governing such sale or abandonment;
and
WHEREAS, it is the desire of the Board that
Apartments 73 to 96 be abandoned as provided in Section
19, paragraphs 3 and 4; and
WHEREAS, the requirements of the resolution
authorizing the Bonds of 1962 for abandonment can be met;
and
WHEREAS, a further lien was placed on the Housing
System of 1962 facilities by the resolution authorizing
the issuance of Board of Regents, State Senior Colleges,
Stephen F. Austin State College Building Revenue Bonds of
25
1965, Series A and B, dated October lf 1965f and adopted
on May 19, 1967; and
WHEREAS, such resolution authorizing the Bonds
of 1965 established a lien on the revenues of thee facilities
defined as "Encumbered Facilities," (subject to the lien
securing the said Bonds of 1962 and other bonds on a parity
therewith and other obligations theretofore paid in full),
and Apartments No. 7 3 to 96 are included in such "Encumbered
Facilities;" and
WHEREAS, said resolution authorizing the said
Bonds of 1965 set out conditions under which certain of
the "Encumbered Facilities" including Apartments No. 73
to 96 may be dismantled; and
WHEREAS, the conditions for such dismantling can
be met;
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF
REGENTS OF STEPHEN F. AUSTIN STATE UNIVERSITY:
1. That it is hereby found and determined that the conditions
set forth in the resolution of the Board authorizing
the issuance of the Bonds of 1965 governing the
abandonment of Apartments No. 7 3 to 9 6 have been met,
and it is hereby declared that such Apartments No. 73
to 96 are hereby abandoned and are no longer a part
of the Housing System of 1962 facilities.
2. That in support of such abandonment it is hereby certified
by the Board as follows:
(a) The Board is in full compliance with all covenants
and undertakings in connection with all of the
said Bonds of 1962 which are payable from the
revenues of the Housing System of 1962 facilities
or any part thereof.
26
(b) Apartments No. 73 to 96 are no longer economically
feasible of producing net revenues; and
(c) The estimated net revenues of the remaining Housing
System of 1962 facilities (and all other revenues
pledged to such Bonds of 1962 and bonds issued
on a parity therewith) for the next succeeding
fiscal year satisfy the test provided in said
resolution authorizing the Bonds of 1962 governing
the issuance of additional bonds, such test being
as follows, to-wit: The estimated pledged revenues
of the remaining facilities of the Housing System
of 1962 plus other revenues pledged to such bonds
and all bonds on a parity therewith, for the next
preceding fiscal year have been certified by the
Comptroller for Stephen F. Austin State University
to have been equal to at least one and thirty-five
hundredths (1.35) times the average annual
requirements for principal and interest on the
outstanding Bonds of 1962 and all outstanding bonds
on a parity therewith, and the estimated net revenues
of the Housing System of 1962 facilities, plus
all other pledged revenues, have been determined
by the Vice President for Administrative and Fiscal
Affairs of the University and approved by the
President of the University and is hereby approved
by the Board to be at least one and thirty-five
hundredths (1.35) times the average annual debt
service requirements for the principal of and
interest on all outstanding bonds payable from
the revenues of the Housing System of 1962
facilities.
27
3. That the Board hereby exercises its right reserved in
the issuance of the Bonds of 1965 to dismantle Apartments
No. 73 to 96 in order to provide sites for other purposes.
4. That it is hereby found and determined that such
dismantling does not violate any covenants of the Board
and that the remaining revenues pledged to the payment
of the Bonds of 1965 and other bonds issued on a parity
thereto will be sufficient to allow the Board to meet
all of the obligations pertaining to such bonds as set
forth in the resolution or resolutions authorizing same.
5. That such dismantling is hereby ordered.
CONTRACT
MARSELLOS-SCOTT
Lufkin, Texas
MISCELLANEOUS SUMMER PROJECTS
28
29
CONTRACT FOR ARCHITECTURAL SERVICES
CITY OF NACOGDOCHES
THE STATE OF TEXAS
COUNTY OF NACOGDOCHES
/ THIS AGREEMENT made as of the Thirty First day of January in
the year Nineteen Hundred and Eighty Four 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 MARSELLOS-SCOTT, ARCHITECTS-ENGINEERS, Lufkin, Texas
hereinafter called the Architect for the following project:
PROFESSIONAL ASSISTANCE IN MISCELLANEOUS PROJECTS
The Owner and the Architect agree as set forth below.
NOW, THEREFORE, the Owner and the Architect for the considerations
hereinafter set forth agree as follows:
I. The Architect Shall provide professional services for the Project in
accordance with the Terms and Conditions of this Agreement.
II. The Owner shall compensate the Architect in accordance with the
Terms and Conditions of this Agreement as stated in Article 14.
All such payments and every payment herein provided shall be
from current funds available to Owner and as applicable to the
projects involved for expenditure for the use and benefit of
Stephen F. Austin State University.
III. The Architect and the Owner further agree to the following Terms
and Conditions:
30
ARTICLE 1
ARCHITECT'S SERVICES AND RESPONSIBILITIES
BASIC SERVICES
The Architect's Basic Services consist of the five phases described
in Paragraphs 1.1 through 1.5 and include normal structural,
mechanical and electrical engineering services and any other services
included in Article 15 as part of Basic Services.
1.1 SCHEMATIC DESIGN PHASE
1.1.1 The Architect shall review the program furnished by the Owner to
ascertain the requirements of the Project and shall review the under
standing of such requirements with the Owner.
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31
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
32
authorized by the Owner, the Architect shall prepare, for approval by
the Owner, Construction Documents consisting of Drawings and Specifi
cations setting forth in detail the requirements for the construction of
the Project.
1.3-2 The Architect shall assist the Owner in the preparation of the necessary
bidding forms, the Conditions of the Contract, and the form of the Agree
ment between the Owner and the Contractor.
1.3.3 The Architect shall advise the Owner of any adjustments to previous
Statements of Probable Construction Cost indicated by changes in re
quirements or general market conditions.
1.3.4 The Architect shall assist the Owner in connection with the Owner's
responsibility for filing documents required for the approval of
government authorities having jurisdiction over the Project.
1.4 BIDDING OR NEGOTIATION PHASE
1.4.1 The Architect, following the Owner's approval of the Construction
Documents and of the latest Statement of Probable Construction Cost,
shall assist the Owner in obtaining bids or negotiated proposals, and
assist in awarding and preparing contracts for construction. ?.<
1.5 CONSTRUCTION PHASE—ADMINISTRATION OF THE CONSTRUCTION
CONTRACT
1.5.1 The Construction Phase will commence with the award of the Contract
for Construction and, together with the Architect's obligation to provide
Basic Services under this Agreement, will terminate when final payment
to the Contractor is due, or in the absence of a final Certificate for
-4-
33
Payment or of such due date, sixty days after the Date of Substantial
Completion of the Work, whichever occurs first.
1.5.2 Unless otherwise provided in this Agreement and incorporated in the
Contract Documents, the Architect shall provide administration of the
Contract for Construction as set forth below and in the edition of AIA
Document A201, General Conditions of the Contract for Construction,
current as of the date of this Agreement.
1.5.3 The Architect shall be a representative of the Owner during the Construc
tion Phase, and shall advise and consult with the Owner. Instructions
to the Contractor shall be forwarded through the Architect. The Architect
shall have authority to act on behalf of the Owner only to the extent pro
vided in the Contract Documents unless otherwise modified by written
instrument in accordance with Subparagraph 1.5.16.
1.5.4 The Architect shall visit the site at intervals appropriate to the stage of.
construction or as otherwise agreed by the Architect in writing to become
generally familiar with the progress and quality of the Work and to determine
in general if the Work is proceeding,in accordance with the Contract
Documents. However, the Architect shall not be required to make
exhaustive or continuous on-site inspections to check the quality or
quantity of the Work. On the basis of such on-site observations as an
Architect, the Architect shall keep the Owner informed of the progress
and quality of the work, and shall endeavor to guard the Owner against
defects and deficiencies in the Work of the Contractor.
-5-
34
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
35
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
-7-
36
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.
37
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.
-9- ^
38'
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.
-10-
39
1.7.7 Providing coordination of Work performed by separate contractors
or by the Owner's own forces,
1.7.8 Providing services in connection with the work of a construction
manager or separate consultants retained by the Owner. /
1.7.9 Providing Detailed Estimates of Construction Cost, analyses of owning
and operating costs, or detailed quantity surveys or inventories of
material, equipment and labor.
1.7.10 Providing services for planning tenant or rental spaces.
1.7.11 Making revisions in Drawings, Specifications or other documents when
such revisions are inconsistent with written approvals or instructions
previously given, are required by the enactment or revision of codes,
laws or regulations subsequent to the preparation of such documents
or are due to other causes not solely within the control of the Architect.
1.7.12 Preparing Drawings, Specifications and supporting data and providing
other services in'connection with Change Orders to the extent that the
adjustment in the Basic Compensation resulting from the adjusted Con
struction Cost is not commensurate with the services required of the
Architect, provided such Change Orders are required by causes not
solely within the control of the Architect.
1.7.13 Making investigations, surveys, valuations, inventories or detailed
appraisals of existing facilities, and services required in connection
with construction performed by the Owner.
-11-
40
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.
-12-
41
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 ther'eto 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
-13-
42
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.
-14-
43
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
15-
44
3.2.1 Evaluations of the Owner's Project budget, Satements of Probable
Construction Cost and Detailed Estimates of Construction Cost, if any,
prepared by the Architect, represent the Architect's best judgment
as a design professional familiar with the construction industry. It is
recognized, however, that neither the Architect nor the Owner has
control over the cost of labor, materials or equipment, over the Contractor's
methods of determining bid prices, or over competitive bidding, market
or negotiating conditions. Accordingly, the Architect cannot and does
not warrant or represent that bids or negotiated prices will not vary
from the Project budget proposed, established or approved by the
Owner, if any, or from any Statement or Probable Construction Cost or
other cost estimate or evaluation prepared by the Architect.
3.2.2 No fixed limit of Construction Cost shall be established as a condition
of this Agreement by the furnishing, proposal or establishment of a
Project budget under Subparagraph 1.1.2 or Paragraph 2.2 or otherwise,
unless such fixed limit has been agreed upon in writing and signed by
the parties hereto. If such a fixed limit has been established, the
Architect shall be permitted to include contingencies for design, bidding
and price escalation, to determine what materials, equipment, component
systems and types of construction are to be included in the Contract
Documents, to make reasonable adjustments in the scope of the Project
and to include in the Contract Documents alternate bids to adjust the
Construction Cost to the fixed limit. Any such fixed limit shall be
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increased in the amount of any increase in the Contract Sum occurring
after execution of the Contract for Construction.
3.2.3 If the Bidding or Negotiation Phase has not commenced within three
months after the Architect submits the Construction Documents to the
Owner, any Project budget or fixed limit of Construction Cost shall be
adjusted to reflect any change in the general level of prices in the con
struction industry between the date of submission of the Construction
Documents to the Owner and the date on which proposals are sought.
3.2.4 If a Project budget or fixed limit of Construction Cost (adjusted as provided
in Subparagraph 3.2.3) is exceeded by the lowest bona fide bid or
negotiated proposal, the Owner shall (1) give written approval of an
increase in such fixed limit, (2) authorize renegotiating of the Project
within a reasonable time, (3) if the Project is abandoned, terminate in
accordance with Paragraph 10.2, or (4) cooperate in revising the Project
scope and quality as required to reduce the Construction Cost. In the
case of (4), provided a fixed limit of Construction Cost has been es
tablished as a condition of this Agreement, the Architect, without
additional charge, shall modify the Drawings and Specifications as
necessary to comply with the fixed limit. The providing of such service
shall be the limit of the Architect's responsibility arising from the estab
lishment of such fixed limit, and having done so, the Architect shall
be entitled to compensation for all services performed, in accordance
with this Agreement, whether or not the Construction Phase is commenced,
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ARTICLE 4
DIRECT PERSONNEL EXPENSE
4.1 Direct Personnel Expense is defined as the direct salaries of all the
Architect's personnel engaged on the Project, and the portion of the cost
of their mandatory and customary contributions and benefits related
thereto, such as employment taxes and other statutory employee
benefits, insurance, sick leave, holidays, vacations, pensions
and similar contributions and benefits.
ARTICLE 5
REIMBURSABLE EXPENSES
5.1 Reimbursable Expenses are in addition to the Compensation for Basic
and Additional Services and include actual expenditures made by the
Architect and the Architect's employees and consultants in the interest
of the Project for the expenses listed in the following Subparagraphs:
5.1.1 Fees paid for securing approval of authorities having jurisdiction over
the Project.
5.1.2 Expense of data processing and photographic production techniques
when used in connection with Additional Services.
5.1.3 Expense of any additional insurance coverage or limits, including
professional liability insurance, requested by the Owner in excess
of that normally carried by the Architect and the Architect's consultants.
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ARTICLE 6
PAYMENTS TO THE ARCHITECT
6.1 PAYMENTS ON ACCOUNT OF BASIC SERVICES
6.1.1 Payments for Basic Services shall be made monthly and shall be in
proportion to services performed within each Phase of Services, on
the basis set forth in Article 14.
6.1.2 If and to the extent that the Contract Time initially established in the
Contract for Construction is exceeded or extended through no fault of the
Architect, compensation for any Basic Services required for such ex
tended period of Administration of the Construction Contract shall be
computed as set forth in Paragraph 14.2 for Additional Services.
6.1.3 When compensation is based on a percentage of Construction Cost, and
any portions of the Project are deleted or otherwise not constructed, com
pensation for such portions of the Project shall be payable to the extent »■
services are performed on such portions, in accordance with the schedule
set forth in Subparagraph 14.1.2 based on. (1) the lowest bona fide bid
or negotiated proposal or, (2) if no such bid or proposal is received,
the most recent Statement of Probable Construction Cost or Detailed
Estimate of Construction Cost for such portions of the Project.
6.2 PAYMENTS ON ACCOUNT OF ADDITIONAL SERVICES
6.2.1 Payments on account of the Architect's Additional Services as defined
in Paragraph 1.7 and for Reimbursable Expenses as defined in Article
5 shall be made monthly upon presentation of the Architect's statement
of services rendered or expenses incurred.
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6.3 PAYMENTS WITHHELD
6.3.1 No deductions shall be made from the Architect's compensation on
account of penalty, liquidated damages or other sums withheld from
payments to contractors, or on account of the cost of changes in the Work
other than those for which the Architect is held legally liable.
6.4 PROJECT SUSPENSION OR TERMINATION
6.4.1 If the Project is abandoned in whole or in part, the Architect shall
be compensated for all services performed prior to receipt of written
notice from the Owner of such abandonment, together with Reimbur
sable Expenses then due and all Termination Expenses as defined in
Paragraph 10.4. If the Project is resumed after being suspended for
more than three months, the Architect's compensation shall be equitably
adjusted.
ARTICLE 7
ARCHITECT'S ACCOUNTING RECORDS
7.1 Records of Reimbursable Expenses and expenses pertaining to Addi
tional Services and services performed on the basis of a Multiple of
Direct Personnel Expense shall be kept on the basis of generally accepted
accounting principles and shall be available to the Owner or the Owner's
authorized representative at mutually convenient times.
ARTICLE 8
OWNERSHIP AND USE OF DOCUMENTS
8.1 Drawings and Specifications as instruments of service are and shall
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remain the property of the Architect whether the Project for which they
are made is executed.or not. The Owner shall be permitted to retain
copies of Drawings, Specifications for information and reference in
connection with the Owner's use and occupancy of the Project. The
Drawings and Specifications shall not be used by the Owner on other
projects, for additions to this Project, or for completion of this Project
by others provided the Architect is not in default under this Agreement,
except by agreement in writing and with appropriate compensation
to the Architect.
8.2 Submission or distribution to meet official regulatory requirements or
for other purposes in connection with the Project is not to be construed
as publication in derogation of the Architect's rights.
ARTICLE 9
ARBITRATION
9.1 All claims, disputes and other matters in question between the parties
to this Agreement, arising out of or relating to this Agreement or the
breach thereof, shall be decided by arbitration in accordance with the
Construction Industry-Arbitration Rules of the American Arbitration
Association then obtaining unless the parties mutually agree otherwise.
No arbitration, arising out of or relating to this Agreement, shall include,
by consolidation, joinder or in any other manner, any additional person
not a party to this Agreement except by written consent containing a
specific reference to this Agreement and signed by the Architect, the
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Owner, and any other person sought to be joined. Any consent to
arbitration involving an additional person or persons shall not constitute
• consent to arbitration of any dispute not described therein. This
Agreement to arbitrate and any agreement to arbitrate with an addi
tional person or persons duly consented to by the parties to this Agree
ment shall be specifically enforceable under the prevailing arbitration law.
9.2 Notice of the demand for arbitration shall be filed in writing with the
other party to this Agreement and with the American Arbitration Associa
tion. The demand shall be made within a reasonable time after the claim,
dispute or other matter in question has arisen. In no event shall the
demand for arbitration be made after the date when institution of legal
or equitable proceedings based on such claim, dispute or other matter
in question would be barred by the applicable statute of limitations.
9.3 The award rendered by the arbitrators shall be final, and judgment
may be entered upon it in accordance with applicable law in any court
having jurisdiction thereof.
ARTICLE-10
TERMINATION OF AGREEMENT
10.1 This Agreement may be terminated by either party upon seven days1
written notice should the other party fail substantially to perform in
accordance with its terms through no fault of the party initiating the
termination.
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10.2 This Agreement may be terminated by the Owner upon at least seven
days1 written notice to the Architect in the event that the Project is
permanently abandoned.
10.3 In the event of termination not the fault of the Architect, the Architect
shall be compensated for all services performed to termination date,
together with Reimbursable Expenses then due and all Termination
Expenses as defined in Paragraph 10.4.
10.4 Termination Expenses include expenses directly attributable to termina
tion for which the Architect is not otherwise compensated, plus an
amount computed as a percentage of the total Basic and Additional Com
pensation earned to the time of termination, as follows:
20 percent if termination occurs during the Schematic
Design Phase; or
10 percent if termination occurs during the Design Develop
ment Phase; or
5 percent if termination occurs during any subsequent phase.
ARTICLE 11
MISCELLANEOUS PROVISIONS
11.1 Unless otherwise specified, this Agreement shall be governed by the law
of the principal place of business of the Architect.
11.2 Terms in this Agreement shall have the same meaning as those in AIA
Document A201, General Conditions of the Contract for Construction,
current as of the date of this Agreement.
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11.3 As between the parties to this Agreement: as to all acts or failures
to act by either party to this Agreement, any applicable statute of
limitations shall commence to run and any alleged cause of action shall
be deemed to have accrued in any and all events not later than the
relevant Date of Substantial Completion of the Work, and as to any
acts or failures to act occurring after the relevant Date of Substantial
Completion, not later than the date of issuance of the final Certificate
for Payment.
11.4 The Owner and the Architect waive all rights against .each other and
against the contractors, consultants, agents and employees of the other
for damages covered by any property insurance during construction
as set forth in the edition of AIA Document A201, General Conditions,
current as of the date of this Agreement. The Owner and the Architect
each shall require appropriate similar waivers from their contractors,
consultants and agents.
ARTICLE 12
SUCCESSORS AND ASSIGNS ■
12.1 The Owner-and the Architect, respectively, bind themselves, their
partners, successors, assigns and legal representatives to the other
party to this Agreement and to the partners, successors, assigns and
legal representatives of such other party witfi respect to all covenants of
this Agreement. Neither the Owner nor the Architect shall assign, sublet
or transfer any interest in this Agreement without the written consent
of. the other. , ..
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ARTICLE 13 ■
EXTENT OF AGREEMENT
13-1 This Agreement represents the entire and integrated agreement between
the Owner and the Architect and supersedes all prior negotiations, re
presentations or agreements, either written or oral. This Agreement
may be amended only by written instrument signed by both Owner and
Architect.
ARTICLE 14
BASIS OF COMPENSATION
The Owner shall compensate the Architect for the Scope of Services
provided, in accordance with Article 6, Payments to the Architect,
and the other Terms and Conditions of this Agreement, as follows:
14.1 BASIC COMPENSATION
14 .1.1 FOR BASIC SERVICES , as described in Paragraphs 1.1 through 1.5, and
any other services included in Article 15 as part of Basic Services, Basic
Compensation shall be computed as follows:
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Principals time at the fixed rate of $85.00 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.
14.1.2 FOR SERVICES OF CONSULTANTS, including structural, mechanical
and electrical engineering services, a multiple of (1.5) times the
amounts billed to the Architect for such services.
14.2 FOR REIMBURSABLE EXPENSES, as described in Article 5, a
multiple of (1.0) times the amounts expended by the Architect, the
Architect's employees and consultants in the interest of the Project.
14.3 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 10%. .
14.4 The Owner and the Architect agree in accordance with the Terms and
Conditions of this Agreement that:
14.5 IF THE SCOPE of the Project or of the Architect's Services is changed
materially, the amounts of compensation shall be equitably adjusted.
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of Additional Services, a multiple of (1.5) times the amounts billed
to the Architect for such services.
14.3 ^ FOR REIMBURSABLE EXPENSES, as described in Article 5, and any
other items included in Article 15 as Reimbursable Expenses, a multiple
of (1.0) times the amounts expended by the Architect, the Architect's
employees and consultants in the interest of the Project.
14.4 Payments due the Architect and unpaid under this Agreement shall
bear interest beginning sixty days from the date payment is due at the
rate of 6%.
14.5 The Owner and the Architect agree in accordance with the Terms and
Conditions of this Agreement that:
14.5.1 IF THE SCOPE of the Project or of the Architect's Services is changed
materially, the amounts of compensation shall be equitably adjusted. •
ARTICLE 15
OTHER CONDITIONS OR SERVICES
STATEMENT OF CERTIFICATION
The Texas Board of Architectural Examiners, 5555 N. Lamar Blvd. ,
Bldg. H-117, Austin, Texas 78751, Phone: 512-458-1363, has
jurisdiction over individuals licensed under the Architects
Registration Law, Article 249a, VTCS.
ARTICLE 16
It is understood that the Architect will be instructed by the
Owner to proceed with conceptual studies and such schematic
design studies as are required to establish the scope of the project
and a cost estimate; and that any further service by the architect
will be upon the request of the Owner.
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NUMBER OR COUNTERPART COPIES
This Contract is executed in four counterparts.
IN WITNESS WHEREOF the parties hereto have made and executed this
Agreement, the day and year first above written.
BOARD OF REGENTS
STEPHEN F . AUSTIN STATE UNIVERSITY
By. ( ■ <
Chairman of the Board
ATTEST:
Secretary /y
MARSELLOS-SCOTT,
ARCHITECTS-ENGINEERS
CONTRACT
MARSELLOS-*-SCOTT
Lufkin, Texas
CONSTRUCTION OF A DAIRY FACILITY
57
58
CONTRACT FOR ARCHITECTURAL SEE.VICES
CITY OF NACOGDOCHES
THE STATE OF TEXAS
COUNTY OF NACOGDOCHES
THIS AGREEMENT made as of the Thirty First day of January in
the year Nineteen Hundred and Eighty Four 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 MARSELLOS -SCOTT, ARCHITECTS-ENGINEERS, Lufkin, Texas
hereinafter called the Architect for the following project:
CONSTRUCTION OF A DAIRY FACILITY
The Owner and the Archifect agree as set forth below,
NOW, THEREFORE, the Owner and the Architect for the considerations
hereinafter set forth agree as follows:
I. The Architect Shall provide professional services for the Project in
accordance with the Terms and Conditions of this Agreement* ,
II. The Owner shall compensate the Architect in -accordance with the
Terms and Conditions of this Agreement as stated in Article 14.
All such payments and every payment herein provided shall be
from Educational and General Funds available to Owner and as
applicable to the project involved for expenditure for the use and
benefit of Stephen F. Austin State University.
III. The Architect and the Owner further agree to the following Terms
and Conditions:
59
ARTICLE 1
ARCHITECT'S SERVICES AND RESPONSIBILITIES
BASIC SERVICES
The Architect's Basic Services consist of the five phases described
in Paragraphs 1.1 through 1.5 and include normal structural,
mechanical and electrical engineering services and any other services
included in Article 15 as part of Basic Services.
1.1 SCHEMATIC DESIGN PHASE
1.1.1 The Architect shall review the program furnished by the Owner to
ascertain the requirements of the Project and shall review the under
standing of such requirements with the Owner.
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1.1.2 The Architect shall provide a preliminary evaluation of the program
and the Project budget requirements, each in terms of the other,
subject to the limitations set forth in Subparagraph 3.2.1.
1.1.3 The Architect shall review with the Owner alternative approaches to
design and construction of the Project.
1.1.4 Based on the mutually agreed upon program and Project budget re
quirements, the Architect shall prepare, for approval by the Owner,
Schematic Design Documents consisting of drawings and other documents
illustrating the scale and relationship of Project components.
1.1.5 The Architect shall submit to the Owner a Statement of Probable Con
struction Cost based on current area, volume or other unit costs.
1.2 DESIGN DEVELOPMENT PHASE
1.2.1 Based on the approved Schematic Design Documents and any adjust
ments authorized by the Owner in the program or Project budget, the
Architect shall prepare, for approval by the Owner, Design Development
Documents consisting of drawings and other documents to fix and describe
the size and character of the entire Project as to architectural, structural,
mechanical and electrical systems, materials and such other elements
as may be appropriate.
1.2.2 The Architect shall submit to the Owner a further Statement of Probable
Construction Cost.
1.3 CONSTRUCTION DOCUMENTS PHASE
1.3.1 Based on the approved Design Development Documents and any further
adjustments in the scope of quality of the Project or in the Project budget
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authorized by the Owner, the Architect shall prepare, for approval by
the Owner, Construction Documents consisting of Drawings and Specifi
cations setting forth in detail the requirements for the construction of
the Project.
1.3.2 The Architect shall assist the Owner in the preparation of the necessary
bidding forms, the Conditions of the Contract, and the form of the Agree
ment between the Owner and the Contractor.
1.3.3 The Architect shall advise the Owner of any adjustments to previous
Statements of Probable Construction Cost indicated by changes in re
quirements or general market conditions.
1.3.4 The Architect shall assist the Owner in connection with the Owner's
responsibility for filing documents required for the approval of
government authorities having jurisdiction over the Project.
1.4 BIDDING OR NEGOTIATION PHASE
1.4.1 The Architect, following the Owner's approval of the Construction
Documents and of the latest Statement of Probable Construction Cost,
shall assist the Owner in obtaining bids or negotiated proposals, and
assist in awarding and preparing contracts for construction.
1.5 CONSTRUCTION PHASE—ADMINISTRATION OF THE CONSTRUCTION
CONTRACT
1.5.1 The Construction Phase will commence with the award of the Contract
for Construction and, together with the Architect's obligation to provide
Basic Services under this Agreement, wiU terminate when final payment
to the Contractor is due, or in the absence of a final Certificate for
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Payment or of such due date, sixty days after the Date of Substantial
Completion of the Work, whichever occurs first.
1.5.2 Unless otherwise provided in this Agreement and incorporated in the
Contract Documents, the Architect shall provide administration of the
Contract for Construction as set forth below and in the edition of AIA
Document A201, General Conditions of the Contract for Construction,
current as of the date of this Agreement.
1.5.3 The Architect shall be a representative of the Owner during the Construc
tion Phase, and shall advise and consult with the Owner. Instructions
to the Contractor shall be forwarded through the Architect. The Architect
' shall have authority to act on behalf of the Owner only to the extent pro
vided in the Contract Documents unless otherwise modified by written
instrument in accordance with Subparagraph 1.5.16.
1.5.4 The Architect shall visit the site at intervals appropriate to the stage of
construction or as otherwise agreed by the Architect in writing to become
generally familiar with the progress and quality of the Work and to determine
in general if the Work is proceeding in accordance with the Contract
Documents. However, the Architect shall not be required to make
exhaustive or continuous on-site inspections to check the quality or
quantity of the Work. On the basis of such on-site observations as an
Architect, the Architect shall keep the Owner informed of the progress *
and quality of the work, and shall endeavor to guard the Owner against
defects and deficiencies in the Work of the Contractor.
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1.5.5 The Architect shall not have control or charge of and shall not be
responsible for construction means, methods, techniques, sequences
or procedures, or for safety precautions and programs in connection
with the Work, for the acts or omissions of the Contractor, Subcon
tractors or any other persons performing any of the Work, or for the
failure of any of them to carry out the Work in accordance with the
Contract Documents.
1.5.6 The Architect shall at all times have access to the Work wherever it is
in preparation or progress.
1.5.7 The Architect shall determine the amounts owing to the Contractor
based on observations at the site and on evaluations of the Contractor's
Applications for Payment, and shall issue Certificates for Payment in
such amounts, as provided in the Contract Documents.
1.5.8 The issuance of a Certificate for Payment shall constitute a representation
by the Architect to the Owner, based on the Architect's observations at
the site as provided in Subparagraph 1.5.4 and on the data comprising
the Contractor's Application for Payment, that the Work has progressed
to the point indicated; that, to the best of the Architect's knowledge,
information, and belief, the quality of the Work is in accordance with
the Contract Documents (subject to an evaluation of the Work for conformance
with the Contract Documents upon Substantial Completion, to the results
of any subsequent tests required by or performed under the Contract
Documents, to minor deviations from the Contract Documents correctable
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- prior to completion, and to any specific qualifications stated in the
Certificate for Payment); and that the Contractor is entitled to
payment in the amount certified. However, the issuance of a
/ Certificate for Payment shall not be a representation that the Architect
has made any examination to ascertain how and for what purpose
the Contractor has used the moneys paid on account of the Contract
Sum.
1.5.9 The Architect shall be the interpreter of the requirements of the Contract
Documents and the judge of the performance thereunder by both the
Owner and Contractor. The Architect shall render interpretations
necessary for the proper execution or progress of the Work with reasonable
promptness on written request of either the Owner or the Contractor,
and shall render written decisions, within a reasonable time, on all
claims, disputes and other matters in question between the Owner and
the Contractor relating to the execution or progress of the Work or the
interpretation of the Contract Documents.
1.5.10 Interpretations and decisions of the Architect shall be consistent with
the intent of and reasonably inferable from the Contract Documents and
shall be in written or graphic form. In the capacity of interpreter and
judge, the Architect shall endeavor to secure faithful performance by
any interpretation or decision rendered in good faith in such capacity.
1.5.11 The Architect's decisions in matters relating to artistic effect shall be
final if consistent with the intent of the Contract Documents. The
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Architect's decisions on any other claims, disputes or other matters, includ
ing those in question between the Owner and the Contractor, shall be
subject to arbitration as provided in this Agreement and in the Contract
Documents.
1.5.12 The Architect shall have authority to reject Work which does not
conform to the Contract Documents. Whenever, in the Architect's
reasonable opinion, it is necessary or advisable for the implementation
of the intent of the Contract Documents, the Architect will have author
ity to require special inspection or testing of the Work in accordance
with the provision of the Contract Document, whether or not such Work
be then fabricated, installed or completed.
1.5.13 The Architect shall review and approve or take other appropriate action
upon the Contractor's submittals such as Shop Drawings, Product Data
and Samples, but only for 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.
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1.5.15 The Architect shall conduct inspections to determine the Dates of
Substantial Completion and final completion, shall receive and forward
to the Owner for the Owner's review written warranties and related
documents required by the Contract Documents and assembled by
the Contractor, and shall issue a final Certificate for Payment.
1.5.16 The extent of the duties, responsibilities and limitations of authority
of the Architect as the Owner's representative during construction
shall not be modified or extended without written consent of the
Owner, the Contractor and the Architect.
1.6 PROJECT REPRESENTATION BEYOND BASIC SERVICES
1.6.1 If the Owner and Architect agree that more extensive representation
at the site than is described in Paragraph 1.5 shall be provided, the
Architect shall provide one or more Project Representatives to assist
the Architect in carrying out such responsibilities at the site.
1.6.2 Such Project Representatives shall be selected, employed and directed
by the Architect, and the Architect shall be compensated therefor as
mutually agreed between the Owner and the Architect as set forth in an
exhibit appended to this Agreement, which'shall describe the duties,
responsibilities and limitations of authority of such Project Representatives.
1.6.3 Through the observations by such Project Representatives, the Architect
shall endeavor to provide further protection for the Owner against defects
and deficiencies in the Work, but the furnishing of such project representa
tion shall not modify the rights, responsibilities or obligations of the
Architect as described in Paragraph 1.5.
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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 facilti.es, systems and equipment
which are not intended to be constructed during the Construction Phase.
1.7.5 Providing services to investigate existing conditions or facilities or to
make measured drawings thereof, or to verify the accuracy of drawings
or other information furnished by the Owner.
1.7.6 Preparing documents of alternate, separate or sequential bids or pro
viding extra services in connection with bidding, negotiation or con
struction prior to the completion of the Construction Documents Phase,
when requested by the Owner.
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1.7.7 Providing coordination of Work performed by separate contractors
or by the Owner's own forces.
1.7.8 Providing services in connection with the work of a construction
manager or separate consultants retained by the Owner.
1.7.9 Providing Detailed Estimates of Construction Cost, analyses of owning
and operating costs, or detailed quantity surveys or inventories of
material, equipment and labor.
1.7.10 Providing services for planning tenant or rental spaces.
-1.7.11 Making revisions in Drawings, Specifications or other documents when
such revisions are inconsistent with written approvals or instructions
previously given, are required by the enactment or revision of codes,
laws or regulations subsequent to the preparation of such documents
or are due to other causes not solely within the control of the Architect.
1.7.12 Preparing Drawings, Specifications and supporting data and providing
other services in connection with Change Orders to the extent that the
adjustment in the Basic Compensation resulting from the adjusted Con
struction Cost is not commensurate with the services required of the
Architect, provided such Change Orders are required by causes not
solely within the control of the Architect.
1.7.13 Making investigations, surveys, valuations, inventories or detailed
appraisals of existing facilities, and services required in connection
with construction performed by the Owner.
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1.7.14 Providing consultation concerning replacement of any Work damaged
by fire or other cause during construction, and furnishing services as
may be required in connection with the replacement of such Work.
1.7.15 Providing services made necessary by the default of the Contractor,
or by major defects or deficiencies in the Work of the Contractor, or by
failure of performance of either the Owner or Contractor under the Contract
for Construction.
1.7.16 Providing extensive assistance in the utilization of any equipment or
system such as initial start-up or testing, adjusting and balancing, pre
paration of operation and maintenance manuals, training personnel for
operation and maintenance, and consultation during operation.
1.7.17 Providing services after issuance to the Owner of the final Certificate
for Payment, or in the absence of a final Certificate for Payment, more than
sixty days after the Date of Substantial Completion of the Work.
1.7.18 Preparing to serve or serving as an expert witness in connection with
any public hearing, arbitration proceeding or legal proceeding.
1.7.19 Providing services of consultants for other than the normal architectural,
structural, mechanical and electrical engineering services for the Project.
1.7.20 Providing any other services not otherwise included in this Agreement
or not customarily furnished in accordance with generally accepted archi
tectural practice.
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ARTICLE 2
THE OWNER'S RESPONSIBILITIES
2.1 The Owner shall provide full information regarding requirements for
the Project including a program, which shall set forth the Owner's7 design
objectives, constraints and criteria, including space requirements and
relationships, flexibility and expandability, special equipment and
systems and site requirements.
2.2 If the Owner provides a budget for the Project it shall include contingen
cies for bidding, changes in the Work during construction, and other
costs which are the responsibility of the Owner, including those des
cribed in this Article 2 and in Subparagraph 3.1.2. The Owner shall,
at the request of the Architect, provide a statement of funds available
for the Project, and their source.
2.3 The Owner shall designate, when necessary, a representative authorized
to act in the Owner's behalf with respect to the Project. The Owner or
such authorized representative shall examine the documents submitted
by the Architect and shall render decisions pertaining thereto promptly,
to avoid unreasonable delay in the progress of the Architect's services.
2.4 The Owner shall furnish a legal description and a certified land survey of
the site, giving, as applicable, grades and lines of streets, alleys,
pavements and adjoining property; rights-of-way, restrictions, easements,
encroachments, zoning, deed restrictions, boundaries and contours of
the site; locations, dimensions and complete data pertaining to
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existing buildings, other improvements and trees; and full informa
tion concerning available service and utility lines both public and
private, above and below grade including inverts and depths.
2.5 The Owner shall furnish the services of soil engineers or other con
sultants when such services are deemed necessary by the Architect.
Such services shall include test borings, test pits, soil bearing values,
percolation tests, air and water pollution tests, ground corrosion and
resistivity tests, including necessary operations for determining sub
soil, air and water conditions, with reports and appropriate professional
recommendations.
2.6 The Owner shall furnish structural, mechanical, chemical and other
laboratory tests, inspections and reports as required by law or the
Contract Documents.
2.7 The Owner shall furnish all legal, accounting and insurance counseling
services as may be necessary at any time for the Project, including
such auditing services as the Owner may require to verify the Con
tractor's Applications for Payment or to ascertain how or for what pur
poses the Contractor uses the moneys paid by or on behalf of the Owner.
2.8 The services, information, surveys and reports required by Paragraphs
2.4 through 2.7 inclusive shall be furnished at the Owner's expense, and
the Architect shall be entitled to rely upon the accuracy and completeness
thereof.
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2-9 If the Owner observes or otherwise becomes aware of any fault
or defect in the Project or nonconformance with the Contract Documents,
prompt written notice thereof shall be given by the Owner to the
Architect.
2.10 The Owner shall furnish required information and services and shall
render approvals and decisions as expeditiously as necessary for the
orderly progress of the Architect's services and of the Work,
ARTICLE 3
CONSTRUCTION COST
3.1 DEFINITION
3.1.1 The Construction Cost shall be the total cost or estimated cost to the
Owner of all elements of the Project designed or specified by the
Architect.
3.1.2 The Construction Cost shall include at current market rates, including
a reasonable allowance for overhead and profit, the cost of labor and
materials furnished by the Owner and any equipment which has been
designed, specified, selected or specially provided for by the Architect.
3.1.3 Construction Cost does not include the compensation of the Architect
and the Architect's consultants, the cost of the land, rights-of-way,
or other costs which are the responsibility of the Owner as provided in
Article 2.
3.2 RESPONSIBILITY FOR CONSTRUCTION COST
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3.2.1 Evaluations of the Owner's Project budget, Satements of Probable
Construction Cost and Detailed Estimates of Construction Cost, if any,
prepared by the Architect, represent the Architect's best judgment
as a design professional familiar with the construction industry. It is
recognized, however, that neither the Architect nor the Owner has
control over the cost of labor, materials or equipment, over the Contractor's
methods of determining bid prices, or over competitive bidding, market
or negotiating conditions. Accordingly, the Architect cannot and does
not warrant or represent that bids or negotiated prices will not vary
from the Project budget proposed, established or approved by the
Owner, if any, or from any Statement or Probable Construction Cost or
other cost estimate or evaluation prepared by the Architect.
3.2.2 No fixed limit of Construction Cost shall be established as a condition
of this Agreement by the furnishing, proposal or establishment of a
Project budget under Subparagraph 1.1.2 or Paragraph 2.2 or otherwise,
unless such fixed limit has been agreed upon in writing and signed by
the parties hereto. If such a fixed limit has been established, the
Architect shall be permitted to include contingencies for design, bidding
and price escalation, to determine what materials, equipment, component
systems and types of construction are to be included in the Contract
Documents, to make reasonable adjustments in the scope of the Project
and to include in the Contract Documents alternate bids to adjust the
Construction Cost to the fixed limit. Any such fixed limit shall be
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increased in the amount of any increase in the Contract Sum occurring
after execution of the Contract for Construction.
3.2.3 If the Bidding or Negotiation Phase has not commenced within three
months after the Architect submits the Construction Documents to the
Owner, any Project budget or fixed limit of Construction Cost shall be
-adjusted to reflect any change in the general level of prices in the con-
. struction industry between the date of submission of the Construction
Documents to the Owner and the date on which proposals are sought.
3.2.4 If a Project budget or fixed limit of Construction Cost (adjusted as provided
in Subparagraph 3.2.3) is exceeded by the lowest bona fide bid or
negotiated proposal, the Owner shall (1) give written approval of an
increase in such fixed limit, (2) authorize renegotiating of the Project
within a reasonable time, (3) if the Project is abandoned, terminate in
accordance with Paragraph 10.2, or (4) cooperate in revising the Project
scope and quality as required to reduce the Construction Cost. In the
case of (4) , provided a fixed limit of Construction Cost has been es
tablished as a condition of this Agreement, the Architect, without
additional charge, shall modify the Drawings and Specifications as
necessary to comply with the fixed limit. The providing of such service
shall be the limit of the Architect's responsibility arising from the estab
lishment of such fixed limit, and having done so, the Architect shall
be entitled to compensation for all services performed, in accordance
with this Agreement, whether or not the Construction Phase is commenced.
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ARTICLE 4
DIRECT PERSONNEL EXPENSE
4.1 Direct Personnel Expense is defined as the direct salaries of all the
Architect's personnel engaged on the Project, and the portion of the cost
of their mandatory and customary contributions and benefits related
thereto, such as employment taxes and other statutory employee
benefits, insurance, sick leave, holidays, vacations, pensions
and similar contributions and benefits.
ARTICLE 5
REIMBURSABLE EXPENSES
5.1 Reimbursable Expenses are in addition to the Compensation for Basic
and Additional Services and include actual expenditures made by the
Architect and the Architect's employees and consultants in the interest
of the Project for the expenses listed in the following Subparagraphs:
5.1.1 Fees paid for securing approval of authorities having jurisdiction over
the Project.
5.1.2 Expense of data processing and photographic production techniques
when used in connection with Additional Services.
5.1.3 Expense of any additional insurance coverage or limits, including
professional liability insurance, requested by the Owner in excess
of that normally carried by the Architect and the Architect's consultants.
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ARTICLE 6
PAYMENTS TO THE ARCHITECT
6.1 PAYMENTS ON ACCOUNT OF BASIC SERVICES
6.1.1 Payments for Basic Services shall be made monthly and shall be in
proportion to services performed within each Phase of Services, on
the basis set forth in Article 14.
6.1.2 If and to the extent that the Contract Time initially established in the
Contract for Construction is exceeded or extended through no fault of the
Architect, compensation for any Basic Services required for such ex
tended period of Administration of the Construction Contract shall be
computed as set forth in Paragraph 14.2 for Additional Services.
6.1.3 When compensation is based on a percentage of Construction Cost, and
any portions of the Project are deleted or otherwise not constructed, com
pensation for such portions of the Project shall be payable to the extent
services are performed on such portions, in accordance with the schedule
set forth in Subparagraph 14.1.2 based on (1) the lowest bona fide bid
or negotiated proposal or, (2) if no such bid or proposal is. received,
the most recent Statement of Probable Construction Cost or Detailed
Estimate of Construction Cost for such portions of the Project.
6.2 PAYMENTS ON ACCOUNT OF ADDITIONAL SERVICES
6.2.1 Payments on account of the Architect's Additional Services as defined
in Paragraph 1.7 and for Reimbursable Expenses as defined in Article
5 shall be made monthly upon presentation of the Architect's statement
of services rendered or expenses incurred.
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6.3 PAYMENTS WITHHELD
6.3.1 No deductions shall be made from the Architect's compensation on
account of penalty, liquidated damages or other sums withheld from
payments to contractors, or on account of the cost of changes in the Work
other than those for which the Architect is held legally liable.
6.4 PROJECT SUSPENSION OR TERMINATION
6.4.1 If the Project is abandoned in whole or in part, the Architect shall
be compensated for all services performed prior to receipt of written
notice from the Owner of such abandonment, together with Reimbur
sable Expenses then due and all Termination Expenses as defined in
Paragraph 10.4. If the Project is resumed after being suspended for
more than three months, the Architect's compensation shall be equitably
adjusted.
ARTICLE 7
ARCHITECT'S ACCOUNTING RECORDS
7.1 Records of Reimbursable Expenses and expenses pertaining to Addi
tional Services and services performed on the basis of a Multiple of
Direct Personnel Expense shall be kept on the basis of generally accepted
accounting principles and shall be available to the Owner or the Owner's
authorized representative at mutually convenient times.
ARTICLE 8
OWNERSHIP AND USE OF DOCUMENTS
8.1 Drawings and Specifications as instruments of service are and shall
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remain the property of the Architect whether the Project for which they
are made is executed or not. The Owner shall be permitted to retain
copies of Drawings, Specifications for information and reference in
connection with the Owner's use and occupancy of the Project. The
Drawings and Specifications shall not be used by the Owner on other
projects, for additions to this Project, or for completion of this Project
by others provided the Architect is not in default under this Agreement,
except by agreement in writing and with appropriate compensation
to the Architect.
8.2 Submission or distribution to meet official regulatory requirements or
for other purposes in connection with the Project is not to be construed
as publication in derogation of the Architect's rights.
ARTICLE 9
ARBITRATION
9.1 All claims, disputes and other matters in question between the parties
to this Agreement, arising out of or relating to this Agreement or the
breach thereof, shall be decided by arbitration in accordance with the
Construction Industry Arbitration Rules of the American Arbitration
Association then obtaining unless the parties mutually agree otherwise.
No arbitration, arising out of or relating to this Agreement, shall include,
by consolidation, joinder or in any other manner, any additional person
not a party to this Agreement except by written consent containing a
specific reference to this Agreement and signed by the Architect, the
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Owner, and any other person sought to be joined. Any consent to
arbitration involving an additional person or persons shall not constitute
consent to arbitration of any dispute not described therein. This
Agreement to arbitrate and any agreement to arbitrate with an addi
tional person or persons duly consented to by the parties to this Agree
ment shall be specifically enforceable under the prevailing arbitration law.
9.2 Notice of the demand for arbitration shall be filed in writing with the
other party to this Agreement and with the American Arbitration Associa
tion. The demand shall be made within a reasonable time after the claim,
dispute or other matter in question has arisen. In no event shall the
demand for arbitration be made after the date when institution of legal
or equitable proceedings based on such claim, dispute or other matter
in question would be barred by the applicable statute of limitations.
9.3 The award rendered by the arbitrators shall be final, and judgment
may be entered upon it in accordance with applicable law in any court
having jurisdiction thereof.
ARTICLE 10
TERMINATION OF AGREEMENT
10,1 This Agreement may be terminated by either party upon seven days'
written notice should the other party fail substantially to perform in
accordance with its terms through no fault of the party initiating the
termination.
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10.2 This Agreement may be terminated by the Owner upon at least seven
days1 written notice to the Architect in the event that the Project is
permanently abandoned.
10.3 In the event of termination not the fault of the Architect, the Architect
shall be compensated for all services performed to termination date,
together with Reimbursable Expenses then due and all Termination
Expenses as defined in Paragraph 10.4.
10.4 Termination Expenses include expenses directly attributable to termina
tion for which the Architect is not otherwise compensated, plus an
amount computed as a percentage of the total Basic and Additional Com
pensation earned to the time of termination, as follows:
20 percent if termination occurs during the Schematic
Design Phase; or
10 percent if termination occurs during the Design Develop
ment Phase; or
5 percent if termination occurs during any subsequent phase.
ARTICLE 11
MISCELLANEOUS PROVISIONS
11.1 Unless otherwise specified, this Agreement shall be governed by the law
of the principal place of business of the Architect.
11.2 Terms in this Agreement shall have the same meaning as those in AIA
Document A201, General Conditions of the Contract for Construction,
current as of the date of this Agreement.
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11 *3 As between the parties to this Agreement: as to all acts or failures
to act by either party to this Agreement, any applicable statute of
limitations shall commence to run and any alleged cause of action shall
be deemed to have accrued in any and all events not later than the
relevant Date of Substantial Completion of the Work, and as to any
acts or failures to act occurring after the relevant Date of Substantial
Completion, not later than the date of issuance of the final Certificate
for Payment. . .
11 *4 The Owner and the Architect waive all rights against each other and
against the contractors, consultants, agents and employees of the other
for damages covered by any property insurance during construction
as set forth in the edition of AIA Document A201, General Conditions,
current as of the date of this Agreement. The Owner and the Architect
each shall require appropriate similar waivers from their contractor's/-,
consultants and agents.
ARTICLE 12
SUCCESSORS AND ASSIGNS
12-1 The Owner and the-Architect, respectively, bind themselves, their
partners, successors, assigns and legal representatives to the other
party to this Agreement and to the partners, successors, assigns and
legal representatives of such other party with respect to all covenants of
this Agreement. Neither the Owner nor the Architect shall assign, sublet
or transfer any interest in this Agreement without the written consent
of the other.
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ARTICLE 13
EXTENT OF AGREEMENT
13.1 This Agreement represents the entire and integrated agreement between
the Owner and the Architect and supersedes all prior negotiations, re
presentations or agreements, either written or oral. This Agreement
may be amended only by written instrument signed by both Owner and
Architect.
ARTICLE 14
BASIS OF COMPENSATION
The Owner shall compensate the Architect for the Scope of Services
provided, in accordance with Article 6, Payments to the Architect,
and the other Terms and Conditions of this Agreement, as follows:
14.1 BASIC COMPENSATION
14.1.1 FOR BASIC SERVICES, as described in Paragraphs 1.1 through 1.5, and
any other services included in Article 15 as part of Basic Services, Basic
Compensation shall be computed as follows:
Principals time at the fixed rate of $85.00 per hour. For
the purpose of this agreement the principals are:.
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.
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14.1.2 FOR SERVICES OF CONSULTANTS, including additional
structural, mechanical and electrical engineering services and those
provided under Subparagraph 1.7.21 or identified in Article 15
as part of Additional Services, a multiple of (1.5) times the amounts
billed to the Architect for such services.
14.2 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 amount expended by the Architect, the Architect1
employees and consultants in the interest of the Project.
14.3 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 10%.
14.4 The Owner and the Architect agree in accordance with the Terms and
Conditions of this Agreement that:
14.4.1 IF THE SCOPE of the Project or of the Architect's Services is changed
materially, the amounts of compensation shall be equitably adjusted.
ARTICLE 15
OTHER CONDITIONS OR SERVICES
STATEMENT OF CERTIFICATION
The Texas Board of Architectural Examiners, 5555 N. Lamar Blvd. ,
Bldg. H-117, Austin, Texas 78751, Phone: 512-458-1363, has
jurisidiction over individuals licensed under the Architects
Registration Law, Article 249a, VTCS .
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ARTICLE 16
It is understood that the Architect will be instructed by the
Owner to proceed with conceptual studies and such schematic
design studies as are required to establish the scope of the project
and a cost estimate; and that any further service by the architect
will be upon the request of the Owner.
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NUMBER OR COUNTERPART COPIES
This Contract is executed in four counterparts.
IN WITNESS WHEREOF the parties hereto have made and executed this
Agreement, the day and year first above written.
BOARD OF REGENTS
STEPHEN F . AUSTIN STATE UNIVERSITY
By ///
Chairman of the Board
ATTEST:
Secretary//'
MARSELLOS-SCOTT,
ARCHITECTS-ENGINEERS
/ ™
86
CONTRACT
MARSELLOS-SCOTT
Lufkin, Texas
CONSTRUCTION OF A NEW FORESTRY FIELD STATION
87
CONTRACT FOR ARCHITECTURAL SERVICES
CITY OF NACOGDOCHES
THE STATE OF TEXAS
COUNTY OF NACOGDOCHES
THIS AGREEMENT made as of the Thirty First day of January in 7
the year Nineteen Hundred and Eighty Four and between the BOARD QF
REGENTS STEPHEN F. AUSTIN STATE UNIVERSITY, NACOGDOCHES,
TEXAS acting herein by and through its President, hereinafter called the Owner,
and MARSELLOS-SCOTT, ARCHITECTS -ENGINEERS , Lufkin, Texas
hereinafter called the Architect for the following project:
NEW FORESTRY FIELD STATION
The Owner and the Architect agree is set forth below.
NOW, THEREFORE, the Owner and the Architect for the considerations
hereinafter set forth agree as follows:
I. The Architect Shall provide professional services for the Project in
accordance with the Terms and Conditions of this Agreement.
II. The Owner shall compensate the Architect in accordance with the
Terms and Conditions of this Agreement as stated in Article 14.
All such payments and every payment herein provided shall be
from House Bill I funds available to Owner and as applicable to the
project involved for expenditure for the use and benefit of
Stephen F. Austin State University.
III. The Architect and the Owner further agree to the following Terms
and Conditions:
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ARTICLE 1
ARCHITECT'S SERVICES AND RESPONSIBILITIES
BASIC SERVICES
The Architect's Basic Services consist of the five phases described
in Paragraphs 1.1 through 1.5 and include normal structural,
mechanical and electrical engineering services and any other services
included in Article 15 as part of Basic Services.
1.1 SCHEMATIC DESIGN PHASE
1.1.1 The Architect shall review the program furnished by the Owner to
ascertain the requirements of the Project and shall review the under
standing of such requirements with the Owner.
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1.1.2 The Architect shall provide a preliminary evaluation of the program
and the Project budget requirements, each in terms of the other,
subject to the limitations set forth in Subparagraph 3.2.1.
1.1.3 The Architect shall review with the Owner alternative approaches to
design and construction of the Project.
1.1.4 Based on the mutually agreed upon program and Project budget re
quirements, the Architect shall prepare, for approval by the Owner,
Schematic Design Documents consisting of drawings and other documents
illustrating the scale and relationship of Project components.
1.1.5 The Architect shall submit to the Owner a Statement of Probable Con
struction Cpst 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
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authorized by the Owner, the Architect shall prepare, for approval by
the Owner, Construction Documents consisting of Drawings and Specifi
cations setting forth in detail the requirements for the construction of
the Project.
1.3.2 The Architect shall assist the Owner in the preparation of the necessary
bidding forms, the Conditions of the Contract, and the form of the Agree
ment between the Owner and the Contractor.
1.3.3 The Architect shall advise the Owner of any adjustments to previous
Statements of Probable Construction Cost indicated by changes in re
quirements or general market conditions.
1.3.4 The Architect shall assist the Owner in connection with the Owner's
responsibility for filing documents required for the approval of
government authorities having jurisdiction over the Project. '■'
1.4 BIDDING OR NEGOTIATION PHASE
1.4.1 The Architect, following the Owner' s approval of the Construction
Documents and of the latest Statement of Probable Construction Cost,
shall assist the Owner in obtaining bids or negotiated proposals, and
assist in awarding and preparing contracts for construction.
1 • 5 CONSTRUCTION PHASE-ADMINISTRATION OF THE CONSTRUCTION
CONTRACT
1.5.1 The Construction Phase will commence with the award of the Contract
for Construction and, together with the Architect's obligation to provide
Basic Services under this Agreement, will terminate when final payment
to the Contractor is due, or in the absence of a final Certificate for
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Payment or of such due date, sixty days after the Date of Substantial
Completion of the Work, whichever occurs first.
1.5.2 Unless otherwise provided in this Agreement and incorporated in the
Contract Documents, the Architect shall provide administration of the
Contract for Construction as set forth below and in the. edition of ALA
Document A201, General Conditions of the Contract for Construction,
current as of the date of this Agreement.
1.5.3 The Architect shall be a representative of the Owner during the Construc
tion Phase, and shall advise and consult with the Owner. Instructions
to the Contractor shall be forwarded through the Architect. The Architect
shall have authority to act on behalf of the Owner only to the extent pro
vided in the Contract Documents unless otherwise modified by written
instrument in accordance with Subparagraph 1.5.16.
1.5.4 The Architect shall visit the site at intervals appropriate to the stage of "
construction or as otherwise agreed by the Architect in writing to become
generally familiar with the progress and quality of the Work and to determine
in general if the Work is proceeding in accordance with the Contract
Documents> However, the Architect shall not be required to make
exhaustive or continuous on-site inspections to check the quality or
quantity of the Work. On the basis of such on-site observations as an
Architect, the Architect shall keep the Owner informed of the progress
and quality of the work, and shall endeavor to guard the Owner against
defects and deficiencies in the Work of the Contractor.
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1.5.5 The Architect shall not have control or charge of and shall not be
responsible for construction means, methods, techniques, sequences
or procedures, or for safety precautions and programs in connection
with the Work, for the acts or omissions of the Contractor, Subcon
tractors or any other persons performing any of the Work, or for the
failure of any of them to carry out the Work in accordance with the
Contract Documents.
1.5.6 The Architect shall at all times have access to the Work wherever it is
in preparation or progress.
1.5.7 The Architect shall determine the amounts owing to the Contractor
based on observations at the site and on evaluations of the Contractor's
Applications for Payment, and shall issue Certificates for Payment in
such amounts, as provided in the Contract Documents.
1.5.8 The issuance of a Certificate for Payment shall constitute.a representation
by the Architect to the Owner, based on the Architect's observations at
the site as provided in Subparagraph 1.5.4 and on the data comprising
the Contractor's Application for Payment, that the Work has progressed
to the point indicated; that, to the best of the Architect's knowledge,'
information, and belief, the quality of the Work is in accordance with
the Contract Documents (subject to an evaluation of the Work for conformance
with the Contract Documents upon Substantial Completion, to the results
of any subsequent tests required by or performed under the Contract
Documents, to minor deviations from the Contract Documents correctable
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prior to completion, and to any specific qualifications stated in the
Certificate for Payment); and that the Contractor is entitled to
payment in the amount certified. However, the issuance of a
Certificate for Payment shall not be a representation that the Architect
has made any examination to ascertain how and for what purpose
the Contractor has used the moneys paid on account of the Contract
Sum.
1.5.9 The Architect shall be the interpreter of the requirements of the Contract
Documents and the judge of the performance thereunder by both the
Owner and Contractor. The Architect shall render interpretations
necessary for the proper execution or progress of the Work with reasonable
promptness on written request of either the Owner or the Contractor,
and shall render written decisions, within a reasonable time, on all
claims, disputes and other matters in question between the Owner and
the Contractor relating to the execution or progress of the Work or the
interpretation of the Contract Documents.
1.5.10 Interpretations and decisions of the Architect shall be consistent with
the intent of and reasonably inferable from the Contract Documents and
shall be in written or graphic form. In the capacity of interpreter and
judge, the Architect shall endeavor to secure faithful performance by
any interpretation or decision rendered in good faith in such capacity.
1.5.11 The Architect's decisions in matters relating to artistic effect shall be
final if consistent with the intent of the Contract Documents. The
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Architect's decisions on any other claims, disputes or other matters, includ
ing those in question between the Owner and the Contractor, shall be
subject to arbitration as provided in this Agreement and in the Contract
Documents.
1.5.12 The Architect shall have authority to reject Work which does not
conform to the Contract Documents. Whenever, in the Architect's
reasonable opinion, it is necessary or advisable for the implementation
of the intent of the Contract Documents, the Architect will have author
ity to require special inspection or testing of the Work in accordance
with the provision of the Contract Document, whether or not such Work
be then fabricated, installed or completed.
1.5.13 The Architect shall review and approve or take other appropriate action
upon the Contractor's submittals such as Shop Drawings, Product Data
and Samples, but only for 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.
95
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
mutua