Stephen F. Austin
State University
Minutes of the
Board of Regents
Nacogdoches, Texas
April 18,1981 (Volume 53)
I M D E X
Minutes of the Meeting
Stephen F. Austin State University
Board of Regents
held in Nacogdoches, Texas
April 18, 1981
Page
81-56 Election of Chairman 2
81-57 Election of Vice Chairman 2
81-58 Election of Secretary 2
81-59 Approval of Minutes 2
81-60 Approval of Resolution Regarding Equal
Educational Opportunity 2
81-61 Election of Summer School Faculty and Staff 4
81-62 Election of Faculty and Staff for 1981-82 4
81-63 Faculty and Staff Appointments 4
81-64 Changes in Status 8
81-65 Resignations g
81-66 Promotions
81-67 Awards of Tenure ,,
81-68 Request for Leave n
81-69 Return from Leave 1-,
81-70 Retirement 12
81-71 Regents1 Professors 12
81-72 Policy on Outside Employment 12
81-73 President's Residence Requirement 13
81-74 Approval of Signatures for Vouchers — Library 13
81-75 Budget Adjustments 13
81-76 Student Service Fee Increase 14
81-77 Approval of Contract with Temple Associates 14
81-78 Approval of Project Budget-Forestry § Art Facilities 28
81-79 Purchase Order Authority to East Texas Carpets 28
81-80 Approval of Change Order No. 4—University Center
Expansion/Remodeling Project 2s
81-81 Approval of Contract with Johnson Roofing 2R
81-82 Authority to Issue Purchase Order for Loose
and Movable Furniture
81-83 Approval of Change Order No. 2 on Storm Sewer
Expansion Project
81-84 Approval of Contract with Kent-Marsellos-Scott
(Headhouse and Lathhouse) 46
81-85 Renaming of Austin Plaza West to Powers Plaza 75
MINUTES OF THE MEETING
BOARD OF REGENTS
STEPHEN F. AUSTIN STATE UNIVERSITY
HELD IN NACOGDOCHES, TEXAS
April 18, 1981
The meeting was called to order by Mrs. Tom Wright, Chairman of the
Board of Regents, at 9:00 a.m. April 18, 1981.
REGENTS
PRESENT:
ABSENT:
STAFF -
PRESENT:
FACULTY -
PRESENT:
VISITORS -
PRESENT:
Mrs. Tom Wright of Nacogdoches
Mr. Ted Bowen of Houston
Mrs. George Cullum, Jr. of Dallas
Mr. Joe Bob Golden of Jasper
Mr. James I. Perkins of Rusk
Mr. Robert E. Samuel, Jr. of Madisonville
Mr. Walter Todd of Dallas
Mr. Homer Bryce of Henderson
Mr. Glenn Justice of Dallas
Dr.
Dr.
Mr.
Dr.
Mr.
Mr.
Mr.
Mr.
William R. Johnson, President of the University
Billy J. Franklin, Vice President for Academic Affairs
C. G. Haas, Vice President for Fiscal Affairs
Baker Pattillo, Vice President for Student Affairs
Clyde S. Carman, Director of Development
Robert Provan, Legal Counsel
David Martinson, Director of Purchasing
Bobby Johnson, Director of University Information
Mr. Howard Page, Editorial Coordinator
Dr. Jack D. McCullough
Dr. William Cozart
Mr. Jack L. Sims, B.F.W. Construction Co., Temple, Texas
Mr. Carl Worley, B.F.W Construction Co., Temple, Texas
Ms. Dina Tyler, KTRE TV, Lufkin, Texas
Mr. George Cullum, Dallas, Texas
81-56
Upon motion of Regent Cullum, seconded by Regent Todd, with all members
voting aye, it was ordered that Regent Wright be elected as Chairman of
the Board.
81-57
Upon motion of Regent Cullum, seconded by Regent Todd, with all members
voting aye, it was ordered that Regent Bowen be elected as Vice Chairman
of the Board.
81-58
Upon motion of Regent Cullum, seconded by Regent Todd, with all members
voting aye, it was ordered that C. G. Haas be elected as Secretary to the
Board.
81-59
Upon notion of Regent Todd, seconded by Regent Bowen, with all members
voting aye, it was ordered that the minutes of January 24, 1981, be ap
proved.
81-60
Upon motion of Regent Bryce, seconded by Regent Golden, with all members
voting aye, it was ordered that the policy statement, which follows below,
be approved.
BOARD OF REGENTS
STEPHEN F. AUSTIN STATE UNIVERSITY
RESOLUTION REGARDING EQUAL EDUCATIONAL OPPORTUNITY
April 18, 1981
1. Policy of Equal Educational Opportunity
It is the policy of Stephen F. Austin State University to provide
equal educational opportunity to all citizens of Texas, to be open
and accessible to all qualified students regardless of race, color,
religion, sex, national origin, handicap or veteran status and to
operate on a totally desegregated basis.
It has been and will continue to be the policy of Stephen F. Austin State
University to be organized and operated in a manner that strives
to avoid effects of past discrimination within higher education in Texas
and to disestablish any vestiges of the dual system within the state,
and to ensure that students will be attracted to the University on the
basis of educational programs and opportunities uninhibited by factors
related to race, color, religion, national origin, sex, age, handicap,
or veteran status.
II. Student Enrollment
Stephen F. Austin State University provides all citizens of Texas an
opportunity to achieve scholarly excellence on a campus with a
diverse student population. The University will make a deliberate
effort to actively recruit qualified minority students and provide the
educational atmosphere that will allow them to achieve their full
potential.
In carrying out the policy of Equal Educational Opportunity with
respect to student enrollment, the University shall strive to achieve
an annual increase in the proportion of black and Hispanic students
enrolled in undergraduate, graduate, and professional programs at the
University until such time as blacks and Hispanics are proportionally
represented in the University's enrollment. The University shall
strive, within five years, to reduce by fifty percent the disparity
between the proportions of black and Hispanic high school graduates
and the proportion of white high school graduates entering under
graduate study at its campus.
The President is directed to prepare and submit to the Coordinating Board
by May 15, 1981, the implementation of this policy, which shall set
forth interim goals and time tables. This plan shall set forth the
steps to be taken to reduce disparities which may exist in the pro
portion of black, Hispanic and white students entering the University
and shall set forth the specific recruitment measures, including
contacts with community colleges.
This policy does not, nor will not, lower the academic standards of
Stephen F. Austin State University. All students of the University
must continue to be able to meet existing standards for admission to,
retention in and graduation from the academic programs offered. This
policy does not establish quotas, it calls for a good faith effort to
expand equal educational opportunity. Should the implementation steps
adopted not prove effective in achieving the objective, new or ad
ditional measures will be undertaken. The desire of Stephen F. Austin
State University to enroll, recruit, and educate qualified minority
students is compatible and consistent with the preservation and pro
tection of the University's academic standards of excellence.
III. Employment
In carrying out the policy of Equal Education Opportunity with respect
to employment, Stephen F. Austin State University shall strive to
achieve full and equal employment opportunity for faculty, admini
strative staff and non-academic personnel. As a minimum, the Uni
versity is pledged to full compliance with the requirements of
Executive Order 11246 and the implementation of its affirmative action
plan as well as other applicable state and federal fair employment
laws.
The President is directed to prepare and submit to the Coordinating
Board by May 15, 1981, a detailed plan which shall set forth such
additional steps as may be taken on an interim basis to increase the
racial and ethnic integration of faculty and administrative personnel.
The President shall report to this Board and to the Coordinating Board
periodically on progress made toward achievement of the objective of
Equal Education Opportunity.
81-61
Upon motion of Regent Todd, seconded by Regent Cullum, with all members
voting aye, it was ordered that the 1981 Summer School Faculty and Staff
appointments as submitted under separate cover be approved.
81-62
Upon motion of Regent Todd, seconded by Regent Cullum, with all members
voting aye, it was ordered that the 1981-82 Faculty and Staff appointments
as submitted under separate cover be approved.
81-63
Upon motion of Regent Todd, seconded by Regent Cullum, with all members
voting aye, it was ordered that the following individuals be employed for
the positions, dates, and salaries indicated:
1. School of Applied Arts and Sciences
The following faculty have been appointed to teach off-campus courses
at the designated time, place, and for salaries as indicated:
Roy Alston
Mary H. Appleberry
James Armsworth
John C. Austin
Calvin P. Barton
Arthur Benoy
Bobby Bizzell
James M. Bowman
Duke Brannen
Robert Brooks
Ralph Eddins
Thomas D. Franks
Donald D. Gregory
Patsy Ha11man
William C. Heeney
Harold Hill
Richard Hurzeler
Jerry Irons
Johnny Thomas Long
Mary Ella Lowe
Samir Maamary
Morgan Moses
Bruce Payette
Milton Payne
Douglas Prewitt
Kay Rayborn
Jose Rodriguez
Dwane Russell
J. Robert Singer
Stephen N. Smith
Wendall Spreadbury
James 0. Standley
George Thompson
John Thornton
C. Richard Voigtel
Marvin B. Wade
Laurence C. Walker
Grady Willingham
Marlin C. Young
Donald Evans
2. Department of Accounting
Ms. Susan Melton Ormsby, 34, M.B.A. (East Texas State University),
Assistant Professor in Accounting, at a salary rate of $22,000 for nine
months, effective September 1, 1981. Ms. Ormsby is ABD on her doctoral
degree at the University of Arkansas. A salary rate of $24,000 is
contingent upon her having the terminal degree in hand on September 1,
1981. F
3. Department of Administrative Services
Dr. Hebe R., Mace, 51, Ph.D. (University of Arkansas), Lecturer (50%
time) in Administrative Services, at a salary rate of $3,562 for 50%
time for the Spring Semester, 1981 only.
4. Department of Communication
Ms. Rita G. Whillock, 27, M.A. (University of Arkansas), Lecturer (50%
time) in Communication, at a salary rate of $2,400 for 50% time for
the Spring Semester, 1981 only.
5. Department of Criminal Justice
Dr. James Russell Saunders, III, 37, J.D. (Texas Tech University),
Assistant Professor in Criminal Justice, at a salary rate of $19,000 for
nine months, effective September 1, 1981.
6. Department of Economics and Finance
Ms. Theresa Bates Wohlfahrt, 32, M.B.A. (Stephen F. Austin State Uni
versity), Assistant Instructor in Finance, at a salary rate of $14,750
for nine months, effective September 1, 1981.
7. Department of Elementary Education
°f# Sandra Tillman Lowery, 36, Ed.D. (Baylor University), Lecturer
(40% time) in Elementary Education, at a salary rate of $2,350 for
40% time for the Spring Semester, 1981 only.
8. Department of English and Philosophy
Mr. Cydney IV. Adams, 31, M.A. (Stephen F. Austin State University),
Lecturer (75% time) in English, at a salary rate of $4,500 for 75%'time
for the Spring Semester, 1981 only.
Dr. Diane Corbin, 39, Ph.D. (University of Texas), Lecturer (50%
time) in English, at a salary rate of $3,200 for 50% time for the
Spring Semester, 1981 only.
Ms. Annette S. Dawson, 42, M. S. (Stephen F. Austin State University),
Lecturer (50% time) in English, at a salary rate of $3,428 for 50%
time for the Spring Semester, 1981 only.
Ms. JoAnne C. Howard, 42, M.A. (Saint Louis University), Lecturer
(50% time) in English, at a salary rate of $3,000 for 50% time for the
Spring Semester, 1981 only.
Dr. Hebe R. Mace, 51, Ph.D. (University of Arkansas), Lecturer (50%
time) in English, at a salary rate of $3,562 for 50% time for the Spring
Semester, 1981 only.
Ms. Beth E. H. Medrano, 32, M.A. (University of Texas-Austin),
Lecturer (50% time) in English, at a salary rate of $3,000 for 50% time
for the Spring Semester, 1981 only.
Ms. Holly Abel Travis, 30, M.A, (Stephen F. Austin State University),
Lecturer (50% time) in English, at a salary rate of $3,000 for 50%
time for the Spring Semester, 1981 only.
9. Department of Management and Marketing
Dr. Joseph Gardner Ormsby, 31, Ph.D. (University of Arkansas), As
sistant Professor in Management, at a salary rate of $24,000 for nine
months, effective September 1, 1981.
Dr. Edwin Youngblood, 61, J.D. (University of Texas-Austin), Lecturer
(25% time) in Management, at a salary rate of $2,500 for 25% time for
the Spring Semester, 1981 only.
10. Department of Mathematics and Statistics
Ms. Julie L. Gaylord, 38, B.A. (Stephen F. Austin State University),
Lecturer (20% time) in Mathematics, at a salary rate of $1,175 for 20%
time for the Spring Semester, 1981 only.
Ms. Betty K. Manning, 55, M.S. (Stephen F. Austin State University),
Lecturer (40% time) in Mathematics, at a salary rate of $2,350 for
40% time for the Spring Semester, 1981 only.
Ms. Jane S. Shepard, 45, B.A. (Austin College), Lecturer (80% time)
m Mathematics, at a salary rate of $5,040 for 80% time for the Spring
Semester, 1981 only.
Ms. Ellen T. Wood, 39, M.S. (Oklahoma State University), Lecturer
(80% time) in Mathematics, at a salary rate of $5,875 for 80% time for
the Spring Semester 1981 only.
11. Department of Music
Ms. Bonnie Gilman, 34, M.M. (Eastman School of Music), Lecturer
(12-l/2%)time for the Spring Semester, 1981 only.
Ms. Barbara B. Haden, 29, M.M. (University of Houston), Lecturer
(10% time) in Music, at a salary rate of $1,550 for 10% time for the
Spring Semester, 1981 only.
12. Department of Political Science and Geography
Mr. Jimmy Dale Case, 33, M.A. (Texas Tech University), Lecturer (25%
time) in Political Science, at a salary rate of $1,732 for 25% time for
the Spring Semester, 1981 only.
13. Department of Secondary Education
Mr. Bobby Donald Browning, 47, M.Ed. (Stephen F. Austin State Uni
versity), Lecturer in Secondary Education, at a salary rate of $1,175
for 20% time for the Spring Semester, 1981 only.
Dr. Billy Randal Bowman, 37, Ph.D. (Texas A§M University), Lecturer
(20-6 time) in Secondary Education, at a salary rate of $1,175 for 20%
time for the Spring Semester, 1981 only.
Ms. Betty Jane Harrison, 29, M.Ed. (Stephen F. Austin State Uni
versity), Instructor in Secondary Education, at a salary rate of $5 875
for the Spring Semester, 1981 only.
Dr. David Earl Nelson, 39, Ph.D. (Northwestern University), Lecturer
(20% time) in Secondary Education, at a salary rate of $1,175 for 20%
time for the Spring Semester, 1981 only.
14. Department of Sociology
Ms. Doris Ann Moore, 36, B.S. (Stephen F. Austin State University),
Lecturer (25% time) in Sociology, at a salary rate of $1,300 for the
Spring Semester, 1981 only.
15. Student Affairs
Ms. Susan H. Williams, B.A. (Stephen F. Austin State University),
Office of the Vice President for Student Affairs, Administrative
Secretary I, at a salary rate of $8,507 for 12 months effective
February 24, 1981.
Ms. Laura L. Goldenschue, Financial Aid Grant Coordinator at a
salary rate of $7,883 for 12 months effective March 10, 1981.
Mr. Roy Dennis Hill, University Police Patrol Officer II at a salary
rate of $9,505 for 12 months effective March 11, 1981.
Ms. Judy Frederick Sherohman, University Police Officer I at a salary
rate of $8,892 for 12 months effective January 2, 1981.
Ms. JoAnn Thacker, University Police Traffic Officer at a salary rate
of $7,779 for 12 months effective February 23, 1981.
Ms. Janice Pustka, University Police Dispatcher at a salary rate of
$7,779 for 12 months effective March 5, 1981.
16. Fiscal Affairs
Ms. Candy L. Heflin, Accounting Clerk II, at a salary rate of $8,195
for 12 months, effective February 23, 1981.
Ms. Linda G. Haney, Assistant Buyer, at a salary rate of $7,592 for
12 months, effective January 26, 1981.
Ms. Loretta D. Black, Secretary I, at a salary rate of $7,883 for
12 months, effective March 16, 1981.
81-64
Upon motion of Regent Cullum, seconded by Regent Bowen, with all members
voting aye, it was ordered that the following changes in status be approved:
1. Department of Agriculture
Mr. Tommy Randel Baldree, Manager, University Dairy Farm, to Adjunct
Instructor in Agriculture (25% time) at a salary rate of $1,2.00 for
25% time for the Spring Semester, 1981 only. Mr. Baldree will teach one
course as an overload.
2. Department of Art
Dr. Richard K. Ilillis, Assistant Professor of Art, from a salary
rate of $15,240 for nine months to $17,013 for nine months. This
change is to adjust an error in the budget.
3. Department of Computer Science
Mr. David Brian Holiday, from Instructor (100% time) in Mathematics
to Instructor (50% time) in Mathematics and Instructor (50% time)
in Computer Science, effective Spring Semester, 1981 only. There is
no change in total salary.
Dr. James C. Dennis, from Associate Professor (100% time) in Physics
to Associate Professor (50% time) in Physics and Associate Professor
(50% time) in Computer Science, effective Spring Semester, 1981 only.
There is no change in total salary.
4. Department of Management and Marketing
Mr. Jack Raber, from Instructor (100% time) in Management to Assistant
Career Placement Coordinator (100% time) for the School of Business, at
a salary rate of $16,084 for nine months, effective September 1, 1981,
plus a raise equal to that appropriated by the Legislature.
5. Student Affairs
Ms. Jamie Fain, from Residence Hall Coordinator to Associate Director
of Housing effective January 1, 1981. Salary adjustment from $12,612 to
$16,000.
Ms. Marie Hill, from Secretary I in Placement to Scheduling and
Services Coordinator in University Center Administration effective
January 22, 1981. Salary rate adjustment from $7,280 to $8,112 for 12
months.
6. Fiscal Affairs
Ms. Alicia Wolf, from Assistant Buyer at a salary rate of $7,592 to
Buyer I at a salary rate of $8,592, effective January 12, 1981.
81-65
Upon motion of Regent Golden, seconded by Regent Samuel, with all members
voting aye, it was ordered that the following resignations be accepted:
1. Department of Computer Science
Dr. Jerald L. Ripley, Assistant Professor of Computer Science, ef
fective February 24, 1981.
10
2. Student Affairs
Ms. JimmieLou Presnall, Office of the Vice President for Student
Affairs Administrative Secretary I, effective February 28, 1981 Ms
Presnall moved to another city.
19Sl' C^St^,Ogden'-Fin!nCial Md Grant Co°rdinator, effective March 10,
1981. Ms. Ogden resigned to take a position closer to her home.
1981* DManVH [^fstedler> Police ^icer II, effective February 28,
1981. Mr. Hufstedler is seeking employment elsewhere.
MsMSClavtnn ^ Clayt°n' P°llCe OffiCer *' effective January 2, 1981.
Ms. Clayton is resigning to accept employment with another agency.
Mr. Ralph W Ervin, Police Officer I, effective March 9, 1981 Mr
Ervin resigned to accept employment elsewhere.
81-66
Upon motion of Regent Bryce, seconded by Regent Samuel, with all members
voting aye, it was ordered that the following promotions be awarded:
From Associate Professor to Full Professor:
Dr. Charles Mims, Department of Biology
Dr. Richard Voigtel, Department of Counseling and Special Educational
* rogicims
Dr. Chester Allen, Department of Economics and Finance
Dr. Milton Payne, Department of Elementary Education
Dr. Wendall Spreadbury, Department of Elementary Education
Dr. David Lenhart, School of Forestry
Dr. Robert Solomon, Department of Management and Marketing
Dr. Wayne Johnson, Department of Political Science and Geography
ur. John E. Anson, Department of Psychology
From Assistant Professor to Associate Professor:
Mr. Piero Fenci, Department of Art
Ms. Mary McCleary, Department of Art
Dr. William J. Oliver, Department of Communication
Dr. Denis Hyams, Department of Computer Science
Dr. Kay Rayborn, Department of Elementary Education
Dr. Elvia Rodriguez, Department of Elementary Education
Dr. Mmgteh Chang, School of Forestry
Dr" M^f3 £' ?le'nDePartment of He*lth and Physical Education
Dr. Max L. Morley, Department of Music
Dr. Harry Downing, Department of Physics
Dr. Jose Rodriguez, Department of Secondary Education
Dr. Constance Spreadbury, Department of Sociology
11
From Instructor to Assistant Professor:
Ms. Valdyne Henderson, Division of Nursing
Ms. Donnya Stephens, Department of Secondary Education (contingent
upon completion of terminal degree by August 31, 1981)
81-67
Upon motion of Regent Todd, seconded by Regent Bowen, with all members
voting aye, it was ordered that the following awards of tenure be approved.
Mr. Piero Fenci, Department of Art
Ms. Mary McCleary, Department of Art
Dr. William J. Oliver, Department of Communication
Mr. William H. Bryan, Department of Counseling and Special
Educational Programs
Dr. Elvia Rodriguez, Department of Elementary Education
Dr. Kay Rayborn, Department of Elementary Education
Dr. Leon Schultz, Department of English and Philosophy
Dr. Mingteh Chang, School of Forestry
Mr. Mack Ramsey, Department of Home Economics
Dr. Nancy Speck, Department of Management and Marketing
Dr. Verna Barron, Department of Psychology
Dr. Harry Downing, Department of Physics
Dr. Jose Rodriguez, Department of Secondary Education
Ms. Donnya Stephens, Department of Secondary Education (contingent
upon completion of terminal degree by August 31, 1981)
Dr. James Corbin, Department of Sociology
81-68
Upon motion of Regent Perkins, seconded by Regent Cullum, with all members
voting aye, it was ordered that the following request for leave without pay
was approved:
1. Department of Elementary Education
Dr. Tommye Darlene Haas, Associate Professor of Elementary Education,
for an extension of leave for medical reasons through the Spring
Semester, 1981.
81-69
Upon motion of Regent Todd, seconded by Regent Bowen, with all members
voting aye, it was ordered that the following return from leave be accepted:
1. Student Affairs
Ms. Cathy Anderson, University Police Secretary II, returning from
six weeks and one day maternity leave. Ms. Anderson returned to work
February 24, 1981.
12
81-70
Upon motion of Regent Perkins, seconded by Regent Cullurn, with all members
voting aye, it was ordered that the following retirement be honored;
1. Department of Communication
Dr. William H. Bos, Professor of Communication, effective May 31
1981.
81-71
Upon motion of Regent Todd, seconded by Regent Bryce, with all members
voting aye, it was ordered that Dr. Jack D. McCullough, Professor of
Biology, be designated Regents1 Professor for Research for academic year
1981-82, and that Dr. William Cozart, Associate Professor of English, be
designated Regents' Professor for Teaching for academic year 1981-82.
81-72
Upon motion of Regent Bryce, seconded by Regent Golden, with all members
voting aye, it was ordered that the revised policy on outside employment
(as stated below) be approved.
POLICY ON OUTSIDE EMPLOYMENT
Outside employment, for purposes of University policy, is engagement in any
activity for other than Stephen F. Austin State University for a fee,
salary, or profit. If one establishes or joins a firm, private business, or
engages in the private practice of some professional skill, it is considered
outside employment if it requires, on the average, more than ten hours per
month, including weekends. Such employment must be approved annually in
writing and in advance by the President. This policy applies to all salaried
full-time employees of Stephen F. Austin State University whose employment
obligations are not limited to a standard eight-hour day, and to officers
of the University Police Department.
University employees who propose to engage in outside employment must adhere
to the following guidelines:
1. Proper performance of the employees' University assignment is paramount
and outside work will assume a position secondary to University duties.
2. The employee will preserve the best interest of the University by avoiding
any conflict of interest.
3. The employee may not use any materials or facilities of Stephen F. Austin
State University in the course of outside employment.
4. The employee will make a reasonable effort to assure that his or her
outside employment is not identified with Stephen F. Austin State
University.
13
81-73
Upon motion of Regent Perkins, seconded by Regent Todd, with all members
voting aye, it was ordered that the Board of Regents confirm the continuation
of the requirement for the University President to reside in the University-owned
residence.
81-74
Upon motion of Regent Bryce, seconded by Regent Cullurn, with all members
voting aye, it was ordered that the following additional signatures be
authorized for approving vouchers paying vendors for library books,
periodicals, and other holdings. (Any two of the following):
Lee Sullenger, Associate Library Director for Public Service
Peggy Gibson, Library Accounting Clerk III
Nancy Shaffer, Serials Librarian II
Bernice Wright, Acquisitions Librarian II
81-75
Upon motion of Regent Todd, seconded by Regent Bowen, with all members
voting aye, it was ordered that the following FY81 budget adjustments be
approved:
Acct. No. Account Name Explanation Amount
1. 1026 Dept. of HPE
2.
3.
4.
5.
6.
14.
15.
1010 Dept. of Accounting
1801 Faculty Committees
1063 Instructional Capital
1052 Geology Department
1950 Major Improvements §
Repairs
Additional funds needed for
travel
Purchase of office equipment
Add. funds for travel
Replace Ice Machine--HPE Bldg
Summer Field Camp
Alterations to Offices in
Austin § Rusk Bldgs.
T
Source of Funds - Education and General Surplus
7. 2172
8. 5505
9. 6400
May Arts Festival
Student Housing
10. 5025-
9300
11. 5040-
9300
12. 5075
13. 5077
5580
5770
Funds for SFA May Festival 7
Final Cost of Contract Student
Housing for Fall Semester 78
Renovation § Furnishing Furnish Apts. for
Raguet Apts. Single Occupancy 52
I.A. Scholarships (Men) Football Scholarships 4
(Seniors)
Spiraling Cost for Meals PT
Lodging 8
Supplement 0§M Account 16
Supplement Travel Account 13
Four Salad Bars 15
Four Salad Bars 15
I.A. Basketball (Men)
Women's Athletics
Women's Athletics
UC Cafeteria
EC Cafeteria
,000.00
,400.00
,000.00
,000.00
,700.00
25,000.00
,000.00
,117.97
,000.00
,725.00
,000.00
,500.00
,000.00
,000.00
,000.00
Source of Funds - Pledged Property Surplus
14
81-76
Upon motion of Regent Perkins, seconded by Regent Todd, with all members
voting aye, it was ordered that effective with the Fall Semester, 1981,
the Student Service Fee be increased by $5.00 to $45.00 for a Fall or
Spring Semester and from $20.00 to $22.50 for a six-week Summer Term.
81-77
Upon motion of Regent Bowen, seconded by Regent Todd, with all members
voting aye except Regent Cullun who voted nay, it was ordered that the
contract with Temple Associates, Incorporated of Diboll, Texas for
$4,080,000.00, for the construction of Instructional Facilities for the
Departments of Art and Forestry, be approved and the Chairman of the
Board be authorized to sign the contract.
Source of Funds: Ad Valorem Tax Building Funds
15
AGREEMENT BETWEEN OWNER AND CONTRACTOR
THE STATE OF TEXAS
KNOW ALL MEN BY THESE PRESENTS
COUNTY OF NACOGDOCHES
AGREEMENT
Made as of the Eighteenth day of APRIL in the year of Nineteen Hundred and
Eighty One
BETWEEN THE OWNER: STEPHEN F. AUSTIN STATE UNIVERSITY,
NACOGDOCHES, TEXAS 75962, acting herein
through its Chairman
AND THE CONTRACTOR: TEMPLE ASSOCIATES, INC.
P.O. Box 730
Diboll, Texas 75941
THE PROJECT: ART BUILDING and
FORESTRY BUILDING ADDITION
THE ARCHITECT: KENT-MARSELLOS-SCOTT ,
ARCHITECTS-ENGINEERS
P.O. BOX 2309
LUFKIN, TEXAS 75901
The Owner and the Contractor agree as set forth below:
16
ARTICLE 1
THE CONTRACT DOCUMENTS
The Contract Documents consist of this Agreement, the Conditions of the Contract
(General, Supplementary and other Conditions), the Drawings, the Specifications,
all Addenda issued prior to and all Modifications issued after execution of this
Agreement. These form the Contract, and all are as fully a part of the Contract
as if attached to this Agreement or repeated herein. An enumeration of the
Contract Documents appears in Article 7.
ARTICLE 2
THE WORK
The Contractor shall perform all the Work required by the Contract Documents
for ART BUILDING and for FORESTRY BUILDING ADDITION
STEPHEN F . AUSTIN STATE UNIVERSITY
NACOGDOCHES, TEXAS
ARTICLE 3
TIME OF COMMENCEMENT AND SUBSTANTIAL COMPLETION
The Work to be performed under this Contract shall be commenced on or before
a date to be specified in a written "Notice to Proceed" by the Owner and,
subject to authorized adjustments, Substantial Completion shall be achieved not
later than OCTOBER 22, 1982.
-2-
17
The Contractor further agrees to pay as liquidated damages the sum of
FIVE HUNDRED DOLLARS ($500.00), per day for each consecutive calendar day
thereafter the work remains unfinished as specified in Paragraph 1.41 of
"Supplementary Conditions" and in "Proposal".
ARTICLE 4
CONTRACT SUM
The Owner shall pay the Contractor in current funds for the performance
of the Work, subject to additions and deductions by Change Order as provided
in the Contract Documents, the Contract Sum of
FOUR MILLION EIGHTY THOUSAND DOLLARS ($4,080,000.00)
out of funds available to the Owner for expenditure for the use and benefit
of Stephen F. Austin State University from Ad Velorum Tax Building Funds.
The Contract Sum is determined as follows:
BASE BID $4,080,000.00
ARTICLE 5
PROGRESS PAYMENTS
Based upon Applications for Payment submitted to the Architect by the Contractor
and Certificates for Payment issued by the Architect, the Owner shall make
progress payments on account of the Contract Sum to the Contractor as pro-vided
in the Contract Documents for the period ending the last day of the
month as follows: -3-
18
Not later than Thirty days following the end of the period covered by the
Application for Payment Ninety percent (90%) of the portion of the Contract
Sum properly allocable to materials and equipment suitably stored at the
site or at some other location agreed upon in writing, for the period covered
by the Application for Payment, less the aggregate of previous payments
made by the Owner; and upon Substantial Completion of the entire Work, a
sum sufficient to increase the total payments to Ninety percent (90%) of the
Contract Sum, less such amounts as the Architect shall determine for all
incomplete Work and unsettled claims as provided in the Contract Documents.
The Owner at any time after 50% of the work has been completed, if it finds
that satisfactory progress is being made, may make any of the remaining
progress payments in full.
ARTICLE 6
FINAL PAYMENT
Final payment, constituting the entire unpaid balance of the Contract Sum,
shall be paid by the Owner to the Contractor thirty days after the Work has
been completed, the Contract fully performed, and a final Certificate for
Payment has been issued by the Architect.
ARTICLE 7
MISCELLANEOUS PROVISIONS
7.1 Terms used in this Agreement which are defined in the Conditions of the
Contract shall have the meanings designated in those conditions.
-4-
19
7.2 The Contract Documents, which constitute the entire agreement between
the Owner and the Contractor, are listed in Article 1 and, except for
Modifications issued after execution of this Agreement, are enumerated
as follows:
Drawings and Specifications entitled "ART BUILDING" and Drawings
and Specifications entitled "FORESTRY BUILDING", Stephen F. Austin
State University, Nacogdoches, Texas; Sheet and Section numbers as
listed in Paragraph 1.1 of "Supplementary Conditions" and the following:
ART BUILDING:
Addendum No. 1, dated March 7, 1981
Addendum No. 2, dated Match 16, 1981
Addendum No. 3, dated March 27, 1981
Addendum No. 4, dated March 30, 1981
Addendum No. 5, dated April 2, 1981
Addendum No. 6, dated April 3, 1981
Mailgram, dated April 6, 1981 as follows:
Pages 1-4 incl. & Detail Sheets
5A/23; 5-5/103; 5-8/9; 7-7/3J;
7-8/9, 7-8/9A; & Detail Sheet
10-2/2 - Clear inside depth of
stalls shall be 5'-6" and length
of handrails shall be 4t-6".
Pages 1-12 incl. & Detail Sheets
5A/1; R-l; and 7-7/103
Pages 1-7 incl. & Detail Sheet
SM-1
Page 1
Pages 1-2
Page 1
"Use 20 ga. studs for all 6" gypsum drywall
studs."
-5-
20
FORESTRY BUILDING:
Addendum No. 1, dated March 12, 1981 Pages l-7incl.
Addendum No. 2, dated March 18, 1981 Page 1
Addendum No. 3, dated March 27, 1981 Pages 1-2
Addendum No. 4, dated April 2, 1981 Pages 1-2
Addendum No. 5, dated April 3, 1981 Page 1, with Detail Sheet 2-6/3
MAILGRAM - dated April 6, 1981 - Reading "Use 20 ga. studs for all
6" gypsum drywall studs."
Copies of which are attached hereto are a part of this contract.
2. This contract is to cover the General Contract work, Plumbing,
Elevator, Mechanical and Electric work, Refrigeration Equipment,
Laboratory Equipment, Growth Chambers and Greenhouse complete.
3. The said Drawings and each of all said Specifications and "General
Conditions" are made part of this Agreement for all intents and
purposes, provided that if anything in the said "General Conditions"
of the Contract is in conflict with this Agreement, this Agreement
shall control and govern.
4. The work called for and included in this Agreement is to be done
under the direction of the Architect above named and his determination
of the true meaning and proper construction of the Drawings and
Specifications shall be considered as final.
-6-
21
5. The Contractor shall pay premium for and furnish Performance
Bond and Payment Bond in amount of 100% of Contract Price;
on form to be furnished by Architect, with sureties acceptable
to the Owner, conditioned:
1.) That Contractor shall faithfully perform his Contract and
fully indemnify and save Owner harmless from all costs
and damages which may be suffered by reason of failure
to do so, and fully reimburse and repay Owner all outlay
and expense which Owner may incur in making good any
default.
2.) That Contractor shall pay all persons who have con
tracts directly with Contractor for labor and materials
save which persons shall have a direct action against
Contractor and the surety on his bond, subject to
Owner's priority.
Surety Companies shall be on approved list of U . S. Treasury
Department of "Companies holding Certificates of Authority from
the Secretary of the Treasury under the Act of Congress Approved
July 30, 1957, as Acceptable Sureties on Federal Bonds11 and within
the Underwriting limitations listed therein for any single risk.
-7-
Bond shall comply with requirements of all state laws; including
those of Article 5160 Revised Civil Statutes of Texas, 1925, as
amended by House Bill 344, Acts 56th legislature, Regular Session,
1959, effective April 27, 1959.
6. The Contractor shall effect, pay for and maintain during the
life of this Contract insurance acceptable to the Owner, conforming
to the following schedule:
a) Compensation and Employer's Liability Insurance:
As required by the laws of the State of Texas; Employer's
Liability Insurance, $500,000.00.
b) Comprehensive General Liability Insurance and Automobile
Liability Insurance: In an amount not less than $500,000.00
for injuries, including personal injury or accidental death
to any one person, and in an amount not less than
$500,000.00 on account of one occurrence; Property Damage
Insurance in an amount not less than $300,000.00.
c) Include Broad Form Property Damage Insurance. Remove
"XCU" Exclusions (Explosion, collapse, underground property
damage). Include damage to underground wiring, conduits,
piping.
^ Contractual Liability Insurance: As applicable to the
Contractor's obligations under Paragraph 4.18 of "General
Conditions" . The Contractor shall obtain at his expense
23
Owner's Protective Liability Insurance Policy naming the
Owner and the Architect/Engineer as insured with the following
limits:
1. Bodily Injury
$500,000.00 (each person)
$500,000.00 (each occurence)
2 . Property Damage
$300,000.00 (each occurrence)
e) Completed Operations: Continue coverage in force for
one year after completion of work.
f) Before commencement of operations hereunder, Con
tractor shall furnish to the Architect, photostatic copies
of the above mentioned insurance policies, together with
a certificate from the insurance carrier that the insurance
will not be cancelled or permitted to lapse until fifteen
(15) days written notice of said impending cancellation
has been given to the Owner.
24
7. Builder's Risk Insurance: The Owner shall provide Builder's Risk
Insurance (Fire, extended coverage, vandalism and malicious mischief)
as specified in Paragraph 1.6 of Specifications on a 100% completed value
basis in the names of the Contractor, Subcontractors, Owner and
Architect, as their interests appear.
The Owner will purchase and maintain such Steam Boiler Insurance
as may be required by the Contract Documents or by law. This insurance
shall include the interest of the Owner, the Contractor and Subcontractors
as their interests appear.
The Contractor shall complete the several portions and the whole
of the work called for under this Agreement and shall deliver said
improvements and premises, upon completion, to the Owner, free
and clear of all liens and claims for labor furnished or materials
used and other indebtedness whatsover.
8 . For purposes of complying with the State of Texas Sales Tax,
the following is a division between labor and materials.
ART BUILDING
-10-
25
IN WITNESS WHEREOF, the parties of these presents have ex
ecuted this Contract in four (4) counterparts, each of which shall be deemed
an original in the year and day first above mentioned.
SEAL BOARD OF REGENTS
STEPHEN F . AUSTIN STATE UNIVERSITY
By
J
By f'ox^ri T/J_. f.
is
/ t
SEAL
TEMPLE ASSOCIATES, INC
P.O. BOX 730
DIBOLL, TEXAS 75941
Address
READ AND EXAMINED:
By_
Secretary
Board of Regents, Stephen F. Austin State University
(1) Corporation name of Owner
(2) Title of authorized official
(3) Strike out inapplicable terms. Secretary of the Owner should
attest. If Contractor is corporation, Secretary should attest.
Give proper title of each person executing Contract.
26
PERFORMANCE BOND
(To be used in Texas as required by Chapter 93 of
the Regular Session of the 56th Legislature cf Texas)
THE STATE OF TEXAS
COUNTY OF NACOGDOCHES
KNOW ALL MEN BY THESE PRESENTS: That we (j)
Temple Associates, Inc.
°f (2) Diboll, Texas hereinafter called
Associated Indemnity Corporation and
Principal and (3) The American Insurance Company of
San Francisco State of California
hereinafter called the Surety, are held and firmly bound into (4)
BOARD OF REGENTS, STEPHEN F, AUSTIN STATE UNIVERSITY
hereinafter called Owner, in the penal sum of
Four million eighty thousand and no/lOO •
DOLLARS ($ 4,080,000.00 ,, in lawful mcney of ^
States, to be paid in (5) Nacogdoches County, Texas
for the payment of which sum well and truly' to be made, we bind
ourselves, our heirs, executors, administrators and successors,
jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION is such that
Whereas, the Principal entered into a certain Contract with (6)
BOARD OF REGENTS, STEPHEN F. AUSTIN STATE UNIVERSITY,
the Owner, dated the 3-8th ^ay Q£ April AD
19_L> a coPy of which is .attached hereto and made a part hereof
for the construction of::
2hb
IN WITNESS WHEREOF, this instrument is executed in six
counterparts, each one of which shall be deemed an original, this the
18th
ATTEST:
day of April , A.D., 1981.
(Principal) Secretary
SEAL
Witness as to Principal
Address
ATTEST:
(Surety) Secretary
ASSOCIATED INDEMNITY CORPORATION
Surety
BY:
Witness as to Surety-
Address
Attorney-in-Fact
THE AMERICAN INSURANCE COMPANY
Surety
Attorney-iff-
NOTE: Date of Bond must not be prior to date of Contract.
(1) Correct name of Contractor
(2) A Corporation, A Partnership or an Individual,
as case may be.
(3) Correct name of Surety
(4) Correct name of Owner
(5) County or Parish and State
(6) Owner
(7) If Contractor is Partnership, all partners should
execute bond.
PAYMENT BOND . 27
(To be used in Texas as required by Chapter 93 of
the Regular Session of the 56th Legislature of Texas)
THE STATE OF TEXAS
COUNTY OF NACOGDCCKES
KNOW ALL MEN 3Y THESE PRESENTS: That we
(1) Temple Associates, Inc.
a (2) Corporation
of Diboll, Texas hereinafter called Principal and
Associated Indemnity Corporation and
(3) The American Insurance Company of San Francisco ' • ,
State of California hereinafter called the Surety,
are held and firmly bound unto (4) ZCAJ.D CF REGENTS,
STEPHEN F, AUSTIN STATE UNIVERSITY
hereinafter called Owner, unto all persons, firms, and corpora
tions who may furnish materials for, or perform labor upon the
building or improvements hereinafter referred to in the penal sum
°£ Four million eighty thousand and no/lOO --—
($ li,080,000.00
in lawful money of the United States, to be paid in (5)
JjAgOGDOCHES COUNTY, TEXAS . for the payment of which sum
well and truly to be made, we bind ourselves, our heirs,
executors, administrators and successors, jointly and severally,
firmly by these presents.
THE CONDITION OF THIS OBLIGATION is such
that Whereas, the Principal entered into a certain contract with
(6) BOAAD OF REGENTS, STEPHEN F. AUSTIN STATE
, the Owner,
27b
IN WITNESS WHEREOF, this instrument is executed in six
counterparts, each one of which shall be deemed an original, this the
18th
ATTEST:
i
day of April , A.D., 1981.
(Principal Secretary
SEAL
Witness as to Principal
Address
ATTEST:
(Surety) Secretary
ASSOCIATED INDEMNITY CORPORATION
Surety
BY:
Attorney-in-Fact
• THE AMERICAN INSURANCE COMPANY
Witness as to Surety
Address
Surety
by: n
NOTE: Bate of Bond must not be prior to date of Contract.
(1) Correct name of Contractor
(2) A Corporation, A Partnership or an Individual,
as case may be.
(3) Correct name of Surety
(4) Correct name of Owner
(5) County or Parish and State
(6) Owner
(7) If Contractor is Partnership, all partners should
execute bond.
28
81-78
Upon motion of Regent Bryce, seconded by Recent Cullum, with all members
voting aye, it was ordered that the project budget for the construction
of the Instructional Facilities for the Departments of Art and Forestry
be approved, as follows:
Construction Contract - Temple
Associates, Inc.
Architect/Engineer Fees - Kent-
Marsellos-Scott (7%)
Administrative Cost
Contingencies
TOTALS (Ad Valorem Tax Building
Funds) $2,260,600 $2,175,000 $4,435,600
81-79
Upon motion of Regent Samuel, seconded by Regent Todd, with all members
voting aye, it was ordered that the University be authorized to issue a
purchase order to East Texas Carpets, Inc., Nacogdoches, Texas, for
$43,847.00, for replacing carpeting in certain dormitory corridors and
public areas. Source of Funds: 1962 Housing System Repair and Renovation
Fund.
81-80
Upon motion of Regent Cullum, seconded by Regent Bryce, with all members
voting aye, it was ordered that the final Change Order (No. 4) on the
University Center Expansion/Remodeling Project to add $10,884.00 to the
Allen M. Campbell Company, Incorporated contract be approved and the
Chairman of the Board be authorized to sign the Change Order.
81-81
Upon motion of Regent Bowen, seconded by Regent Cullum, with all members
voting aye, it was ordered that the contract with Johnson Roofing, 1412
South Robinson, Waco, Texas 76706, for $118,745.00, to repair portions of
the roofs of Dormitories 7, 10, 13, the Boynton Building, and the Military
Science Building, be approved and the Chairman of the Board be authorized
to sign the contract.
Source of Funds: 1962 Housing System Repair § Renovation
Fund ft 74,868.50
Education and General Surplus $ 43,876.50
29
AGREEMENT BETWEEN OWNER AND CONTRACTOR
THE STATE OF TEXAS
KNOW ALL MEN BY THESE PRESENTS
COUNTY OF NACOGDOCHES
AGREEMENT
Made as of the Eighteenth day of APRIL in the year of Nineteen Hundred and
Eighty One
BETWEEN THE OWNER: STEPHEN F. AUSTIN STATE UNIVERSITY,
NACOGDOCHES, TEXAS 75962, acting herein
through its Chairman
AND THE CONTRACTOR: JOHNSON ROOFING, DECKS, LUMBER & SUPPLY, INC.
1412 So. Robinson Drive
Waco, Texas 76706
THE PROJECT: Re-Roofing Dormitories 7-10-13, Boynton Building and
Military Science Building
THE ARCHITECT: KENT-MARSELLOS-SCOTT,
ARCHITECTS-ENGINEERS
P.O. BOX 2309
LUFKIN, TEXAS 75901
The Owner and the Contractor agree as set forth below:
30
ARTICLE 1
THE CONTRACT DOCUMENTS
The Contract Documents consist of this Agreement, the Conditions of the Contract
(General, Supplementary and other Conditions), the Drawings, the Specifications,
all Addenda issued prior to and all Modifications issued after execution of this
Agreement. These form the Contract, and all are as fully a part of the Contract
as if attached to this Agreement or repeated herein. An enumeration of the
Contract Documents appears in Article 7.
ARTICLE 2
THE WORK
The Contractor shall perform all the Work required by the Contract Documents
for Re-Roofing Dormitories 7-10-13, Boynton Building and Military Science
Building, Stephen F. Austin State University, Nacogdoches, Texas 75962
ARTICLE 3
TIME OF COMMENCEMENT AND SUBSTANTIAL COMPLETION
The Work to be performed under this Contract shall be commenced on or before
a date to be specified in a written "Notice to Proceed" by the Owner and,
subject to authorized adjustments, Substantial Completion shall be achieved not
later than July 29, 1981.
31
The Contractor further agrees to pay as liquidated damages the sum of
One Hundred Dollars ($100.00) per day for each consecutive calendar day
thereafter the work remains unfinished as specified in Paragraph 1.41 of
"Supplementary Conditions" and in "Proposal".
ARTICLE 4
CONTRACT SUM
The Owner shall pay the Contractor in current funds for the performance
of the Work, subject to additions and deductions by Change Order as provided
in the Contract Documents, the Contract Sum of
ONE HUNDRED EIGHTEEN THOUSAND SEVEN HUNDRED
FORTY FIVE AND NO/100 $118,745.00
out of funds available to the Owner for expenditure for the use and benefit
of Stephen F. Austin State University.
The Contract Sum is determined as follows:
BASE BID $118,745.00
ARTICLE 5
PROGRESS PAYMENTS
Based upon Applications for Payment submitted to the Architect by the Contractor
and Certificates for Payment issued by the Architect, the Owner shall make
progress payments on account of the Contract Sum to the Contractor as pro-
-3-.
32
vided in the Contract Documents for the period ending the last day of the
month as follows:
Not later than Thirty days following the end of the period covered by the
Application for Payment Ninety percent (90%) of the portion of the Contract
Sum properly allocable to materials and equipment suitably stored at the
site or at some other location agreed upon in writing, for the period covered
by the Application for Payment, less the aggregate of previous payments
made by the Owner; and upon Substantial Completion of the entire Work, a
sum sufficient to increase the total payments to Ninety percent (90%) of the
Contract Sum, less such amounts as the Architect shall determine for all
incomplete Work and unsettled claims as provided in the Contract Documents.
The Owner at any time after 50% of the work has been completed, if it finds
that satisfactory progress is being made, may make any of the remaining
progress payments in full.
ARTICLE 6
FINAL PAYMENT
Final payment, constituting the entire unpaid balance of the Contract Sum,
shall be paid by the Owner to the'Contractor thirty days after the Work has
been completed, the Contract fully performed, and a final Certificate for
Payment has been issued by the Architect.
-4-
33
ARTICLE 7
MISCELLANEOUS PROVISIONS
7.1 Terms used in this Agreement which are defined in the Conditions of the
Contract shall have the meanings designated in those conditions.
7.2 The Contract Documents, which constitute the entire agreement between
the Owner and the Contractor, are listed in Article 1 and, except for
Modifications issued after execution of this Agreement, are enumerated
as follows:
Drawings and Specifications entitled "Re-Roofing Dormitories 7-10-13,
Boynton Building and Military Science Building, Stephen F. Austin
State University, Nacogdoches, Texas11; including the General
Contract Drawings and Specifications; Sheet and Section numbers as
listed in Paragraph 1.1 of "Supplementary Conditions" and the following:
1. Addendum No. 1, dated April 18, 1981, Page 1
Copies of which are attached hereto are a part of this contract,
and the following:
Johnson Roofing Warranty shall be two years (2) on Roofing and
Sheet Metal.
2. This contract is to cover the General Contract work complete.
3. The said Drawings and each of all said Specifications and "General
Conditions" are made part of this Agreement for all intents and
purposes, provided that if anything in the said "General Conditions"
-5-
34
of the Contract is in conflict with this Agreement, this Agreement
shall control and govern.
4. The work called for and included in this Agreement is to be done
under the direction of the Architect above named and his determination
of the true meaning and proper construction of the Drawings and
Specifications shall be considered as final.
5. The Contractor shall pay premium for and furnish Performance
Bond and Payment Bond in amount of 100% of Contract Price;
on form to be furnished by Architect, with sureties acceptable
to the Owner, conditioned:
1.) That Contractor shall faithfully perform his Contract and
fully indemnify and save Owner harmless from all costs
and damages which may be suffered by reason of failure
to do so, and fully reimburse and repay Owner all outlay
and expense which Owner may incur in making good any
default.
2.) That Contractor shall pay all persons who have con
tracts directly with Contractor for labor and materials
save which persons shall have a direct action against
Contractor and the surety on his bond, subject to
Owner's priority.
-6--
35
Surety Companies shall be on approved list of U . S. Treasury
Department of "Companies holding Certificates of Authority from
the Secretary of the Treasury under the Act of Congress Approved
July 30, 1957, as Acceptable Sureties on Federal Bonds" and within
the Underwriting limitations listed therein for any single risk.
Bond shall comply with requirements of all state laws; including
those of Article 5160 Revised Civil Statutes of Texas, 1925, as
amended by House Bill 344, Acts 56th legislature, Regular Session,
1959, effective April 27, 1959.
6. The Contractor shall effect, pay for and maintain during the
life of this Contract insurance acceptable to the Owner, conforming
to the following schedule:
a) Compensation and Employer's Liability Insurance:
As required by the laws of the State of Texas; Employer's
Liability Insurance, $500,000.00.
k) Comprehensive General Liability Insurance and Automobile
Liability Insurance: In an amount not less than $500,000.00
for injuries, including personal injury or accidental death
to any one person, and in an amount not less than
$500,000.00 on account of one occurrence; Property Damage
Insurance in an amount not less than $300,000. 00.
-7-
36
c) Include Broad Form Property Damage Insurance. Remove
"XCUn Exclusions (Explosion, collapse, underground property
damage). Include damage to underground wiring, conduits,
piping.
d) Contractual Liability Insurance: As applicable to the
Contractor's obligations under Paragraph 4.18 of "General
Conditions". The Contractor shall obtain at his expense
Owner's Protective Liability Insurance Policy naming the
Owner and the Architect/Engineer as insured with the following
limits:
1. Bodily Injury
$500,000.00 (each person)
$500,000.00 (each occurence)
2. Property Damage
$300,000.00 (each occurrence)
e) Completed Operations: Continue coverage in force for
one year after completion of work.
-8-
37
f) Before commencement of operations hereunder, Con
tractor shall furnish to the Architect, photostatic copies
of the above mentioned insurance policies, together with
a certificate from the insurance carrier that the insurance
will not be cancelled or permitted to lapse until fifteen
(15) days written notice of said impending cancellation
has been given to the Owner.
7. Builder's Risk Insurance: The Owner shall provide Builder's Risk
Insurance (Fire, extended coverage, vandalism and malicious mischief)
as specified in Paragraph 1.6 of Specifications on a 100% completed value
basis in the names of the Contractor, Subcontractors, Owner and
Architect, as their interests appear.
The Owner will purchase and maintain such Steam Boiler Insurance
as may be required by the Contract Documents or by law. This insurance
shall include the interest of the Owner, the Contractor and Subcontractors
as their interests appear.
The Contractor shall complete the several portions and the whole
of the work called for under this Agreement and shall deliver said
improvements and premises, upon completion, to the Owner, free
and clear of all liens and claims for labor furnished or materials
used and other indebtedness whatsover.
-9-
38
8. For purposes of complying with the State of Texas Sales Tax,
the following is a division between labor and materials.
Materials ^ & %S. 00
Total $ 118,745.00
-10-
39
IN WITNESS WHEREOF, the parties of these presents have ex
ecuted this Contract in four (4) counterparts, each of which shall be deemed
an original in the year and day first above mentioned.
SEAL BOARD OF REGENTS
STEPHEN F . AUSTIN STATE UNIVERSITY
By By A j^ ,r • /
SEAL
Johnson Roofing, Decks, Lumber & Supply, Inc.
1412 So* Robinson Drive
Waco, Texas 76706
Address
By.
READ AND EXAMINED:
Secretary
Board of Regents, Stephen F. Austin State University
(1) Corporation name of Owner
(2) Title of authorized official
(3) Strike out inapplicable terms. Secretary of the Owner should
attest. If Contractor is corporation, Secretary should attest.
Give proper title of each person executing Contract.
40
HEAD OFFICE, PHILADELPHIA. PENNSYLVANIA
STATUTORY PERFORMANCE BOND PURSUANT TO ARTICLE 5160
OF THE REVISED CIVIL STATUTES OF TEXAS AS
AMENDED BY
ACTS OF THE 56TH LEGISLATURE, REGULAR SESSION, 1959
(McGregor act - public works)
(Penalty of this Bond must be 100°o of Contract Amount)
KNOW ALL MEN BY THESE PRESENTS, That
__Johnson Roofing Decks & Lumber Supply, Inc.
(hereinafter called the Principal), as Principal, and RELIANCE INSURANCE COMPANY, a Pennsylvania Corporation of
Philadelphia, Pennsylvania (hereinafter called the Surety), as Surety, are held and firmly bound unto
Coard of Regents, Stephen F. Austin State University
called the Obligee), in the amount of J>ne hundred eighteen thousand seven hundred
five and no/Too dollars tt 118,745.00 , , ,
DULLAR5 ($ ! ) for the payment
whereof, the said Principal and Surety bind themselves, and their heirs, administrators, executors, successors and
assigns, jointly and severally, firmly by these presents.
WHEREAS, the Principal has entered into a certain written contract with the Obligee, dated the 18th
day of —ofirjj ^ 19 81 t t0
Re-roofing dormitories 7-10-13, Boynton Building and Military Science Building
which contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length
herein.
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall faith-fully
perform the work in accordance with the plans, specifications and contract documents, then this obligation
shall be void; otherwise to remain in full force and effect.
PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Article 5160 of the Revised
Civil Statutes of Texas as amended by Acts of the 56th Legislature, Regular Session, 1959, and all liabilities on
this bond shall be determined in accordance with the provisions of said article to the some extent as if it were
copied at length herein.
IN WITNESS WHEREOF, ti.e said Principal and Surety have signed and sealed this instrument thi< 16th
doy of April 19.il_.
Johnson Roofing Decks & Lumber Supply Inc.
Principe?
RELIANCE INSURANCE COMPANY
BDR-2838 ED. 9/72 (TEXAS) Pamela JoneS^ At,o,n.y-in-Fo=,
41
HEAD OFFICE, PHILADELPHIA. PENNSYLVANIA
STATUTORY PAYMENT BOND PURSUANT TO ARTICLE 5160
OF THE REVISED CIVIL STATUTES OF TEXAS AS
AMENDED BY
acts of the 56th legislature, regular session, 1959
(McGregor act - public works)
(Penalty of this Bond must be 100% of Contract Amount)
KNOW ALL MEN BY THESE PRESENTS, That
Johnson Roofing Decks & Lumber Supply, Inc.
(hereinafter called the Principal), as Principal, and RELIANCE INSURANCE COMPANY, a Pennsylvania Corporation of
Philadelphia, Pennsylvania (hereinafter called the Surety), as Surety, are held and firmly bound unto
Board of Regents, Stephen F. Austin University
(hereinafter called the Obligee), in the amount of One hundred eighteen thousand seven hundred
forty five and no/100- DOLLARS ($ 118,745.00- "1 for the payment
whereof, the said Principal and Surety bind themselves, and their heirs, administrators, executors, successors and
assigns, jointly and severally, firmly by these presents.
WHEREAS, the Principal has entered into a certain written contract with the Obligee, dated the loth
day of April 19 8J , to
Re-roofing dormitories 7-10-13, Boynton Building and Military Science Building
which contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length
herein.
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall pay
all claimants supplying labor and material to him or a subcontractor in the prosecution of the work provided for in
said contract, then this obligation shall be void, otherwise to remain in full force and effect.
PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Article 5160 of the Revised
Civil Statutes of Texas as amended by Acts of the 56th Legislature, Regular Session, 1959, and all liabilities on
this bond shall be determined in accordance w^th the provisions of said article to the same extent as if it were
copied at length herein.
IN WITNESS WHEREOF, t!ie said Principal and Surety have signed and sealed this instrument thi* 16th
day of April - , 19
Johnson Roofing Decks & Lumber Supply, Inc.
RELIANCE INSURANCE COMPANY
By.
FH Q/79 ITPYAQI
Attorney. .n-F<jc«
42
81-82
Upon motion of Regent Cullum, seconded by Regent Golden, with all members
voting aye, it was ordered that the University be authorized to issue
purchase orders for certain loose and movable furniture supplementing the
need in the following projects:
HOME ECONOMICS SOUTH AWARD SUMMARY
Lounge Seating and Occasional Tables for Foyer
Contractor: Deutsch, Inc., Los Angeles, Ca. $ 2,455.00
Reason: Only bid received from solicitation
to six potential sources
Contractor: Abies1 Land, Inc., Tyler, Texas 428.40
Reason: Area distributor for specified fabric
required to upholster above chairs
Dining Tables and Chairs for Food Lab
Contractor: Ardfs Home Furnishings, Inc. 8,715.00
Nacogdoches, Texas
Reason: Only bid received from solicitation
to seven potential sources
Office Seating
Contractor: E § I Cooperative Service, Inc. 893.58
Dallas, Texas
Reason: Low bid from solicitation to five
potential sources
Parallel Bars for Drafting Tables
Contractor: A §E Products Co., Inc., Houston 1,672.00
Reason: Low bid on solicitation to three
potential sources
Framing of Existing Bevelled Mirrors
Contractor: Gallery 107, Nacogdoches, Texas 500.42
Reason: Prime source, personal selection of
frame molding required
TOTAL HOME ECONOMICS SOUTH $14,664.40
Source of Funds: Ad Valorem Tax Building Funds (Account 6300)
43
UNIVERSITY CENTER EXPANSION
Bookcases, Tables and Drafting Stools
Contractors:
Reason
Ticket Racks
Contractor:
Reason:
Ottoman
Contractor:
Reason:
Rockford Business Interiors, Austin, Texas
(Items 1 § 2)
Business § Institutional Furniture,
Milwaukee, Wisconsin
(Item 3)
Only bid received on Items 1 § 2, low bid
on Item 3 from solicitation to five
potential sources
Henry E. Karkut, Inc., Phoenix, N. Y.
Only bid received on solicitation to
four potential sources
Stewart Office Supply, Dallas, Texas
Low bid from solicitation to five
potential sources
Display Board for Ticket Booth
Contractor: A. C. Davenport § Son, Talatine, Illinois
Reason: Low bid on solicitation to six potential
sources
Graphics for Student Development
Contractor: Davis-Freeman Co., Bellaire, Texas
Reason: Only source for compatibility with
existing graphics recently installed
by this vendor in remainder of building
TOTAL UNIVERSITY CENTER EXPANSION
Source of Funds: Construction Project Funds (Account 6703)
$ 1,201.18
223.11
520.00
923.50
173.00
125.00
$ 3,165.79
44
OFFICE OF THE DIRECTOR OF DEVELOPMENT
Desks and Chairs
Contractors: Stewart Office Supply, Dallas, Texas $ 910.08
(Items 1 § 5)
E § I Cooperative Service, Dallas, Texas 1,597.00
(Items 2, 3, and 4)
Reason: Low bids from solicitation to four potential
sources
Guest Chairs and Telephone Stand
Contractor: Rockford Business Interiors, Austin, Texas 1,552.56
John S. Wyatt, Inc., Nacogdoches, Texas 295.56
Reason: Low bids on solicitation to seven
potential sources
Sofas and Occasional Tables
Contractors: E § I Cooperative Service, Inc. 916.00
Dallas, Texas
Rockford Business Interiors, Austin, Texas 1,333.68
Reason: Low or only bid from solicitation to four
potential sources
Lamps
Contractors: Ardfs Home Furnishings, Inc. 75.00
Nacogdoches, Texas
Phil Bryan k Associates, Dallas, Texas 125.00
Reason: Low or only bid from solicitations to
eight potential sources
TOTAL OFFICE OF DEVELOPMENT $6,804.88
Source of Funds: Education $ General Surplus (Account 1817)
UNIVERSITY HOUSING
Space Saving Dorm Furniture Units
Contractor: InterRoyal Corp., New York, N. Y. 33,693.92
Reason: Only bid meeting specifications from
solicitation to nine potential sources
Chests, Desks, Living Room and Dining Room Suites
Contractor: Good Housekeeping Furniture 11,240.00
Nacogdoches, Texas
45
Reason: Low total bid from solicitation to
five potential sources. Low bid alternates
on items 1 § 2 were not equivalent in
style, finish and quality of construction
TOTAL UNIVERSITY HOUSING $44,933.92
Source of Funds: Pledged Property Surplus (Account 6400)
OFFICE OF EXTERNAL AUDITOR
Desks
Contractor: Rockford Business Interiors, Austin, Texas $ 501.52
Reason: State of Texas Contract item through the
State Purchasing and General Services
Commission
Chairs and Folding Table
Contractor: Stewart Office Supply, Dallas, Texas 814.00
Reason: Low bid from solicitation to four
potential sources
TOTAL OFFICE OF EXTERNAL AUDITOR $ 1,515.52
Source of Funds: Education § General Surplus (Account 1204)
OFFICE OF THE PRESIDENT
Carpeting
Contractor: East Texas Carpets, Nacogdoches, Texas $ 3,614.00
Reason: Only bid meeting specifications. Lowest
bid does not meet pile density and pile
height specifications. Second lowest bid
does not offer a color shade compatible
with existing furnishings
Draperies
Contractor: Neva's Draperies, Nacogdoches, Texas $ 1,360.93
Reason: The low bid that meets specifications.
Lowest bid offers an alternate method
of fabrication which is not felt to be
equivalent. The second lowest of those
bids is recommended.
TOTAL OFFICE OF THE PRESIDENT $ 4,974.93
Source of Funds: Education fT General Surplus (Account 1301)
46
81-83
Upon motion of Regent Bryce, seconded by Regent Todd, with all members
voting aye, it was ordered that Change Order No. 2 on the Storm Sewer Ex
pansion Project, to add $426.02 to the Dickerson Construction Company's
contract, be approved and the Chairman of the Board be authorized to sign
the Change Order.
Source of Funds: Education § General Surplus (Account 1950)
81-84
Upon motion of Regent Todd, seconded by Regent Cullum, with all members
voting aye, it was ordered that the Architectural Services Contract with
Kent-Marsellos-Scott, for the design and construction supervision of a
Headhouse and Lathhouse for the Department of Agriculture, be approved
and the Chairman of the Board be authorized to sign the contract.
47
CONTRACT FOR ARCHITECTURAL SERVICES
CITY OF NACOGDOCHES |
THE STATE OF TEXAS $
COUNTY OF NACOGDOCHES J
THIS AGREEMENT made as of the Eighteenth day of April in
the year Nineteen Hundred and Eighty One and between the BOARD OF
REGENTS STEPHEN F. AUSTIN STATE UNIVERSITY, NACOGDOCHES,
TEXAS acting herein by and through its President, hereinafter called the Owner,
and KENT-MARSELLOS-SCOTT, ARCHITECTS-ENGINEERS, Lufkin, Texas
hereinafter called the Architect for the following project:
A HEADHOUSE and LATHHOUSE
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:
!• The Architect Shall provide professional services for the Project in
accordance with the Terms and Conditions of this Agreement.
11 • The Owner shall compensate the Architect in accordance with the
Terms and Conditions of this Agreement as stated in Article 14.
All such payments and every payment herein provided shall be
from Ad Valorum Tax funds available to the Owner for expenditure
for the use and benefit of Stephen F. Austin State University.
Ill. The Architect and the Owner further agree to the following Terms
and Conditions:
48
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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49
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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50
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 Architects 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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51
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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52
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
-5-
53
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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54
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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55
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 facilties, systems and equipment
which are not intended to be constructed during the Construction Phase.
1.7.5 Providing services to investigate existing conditions or facilities or to
make measured drawings thereof, or to verify the accuracy of drawings
or other information furnished by the Owner.
1.7.6 Preparing documents of alternate, separate or sequential bids or pro
viding extra services in connection with bidding, negotiation or con
struction prior to the completion of the Construction Documents Phase,
when requested by the Owner.
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1.7.7 Providing coordination of Work performed by separate contractors
or by the Owner's own forces.
1.7.8 Providing services in connection with the work of a construction
manager or separate consultants retained by the Owner.
1.7.9 Providing Detailed Estimates of Construction Cost, analyses of owning
and operating cost?, 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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58
1.7.14 Providing consultation concerning replacement of any Work damaged
by fire or other cause during construction, and furnishing services as
may be required in connection with the replacement of such Work.
1.7.15 Providing services made necessary by the default of the Contractor,
or by major defects or deficiencies in the Work of the Contractor, or by
failure of performance of either the Owner or Contractor under the Contract
for Construction.
1.7.16 Providing extensive assistance in the utilization of any equipment or
system such as initial start-up or testing, adjusting and balancing, pre
paration of operation and maintenance manuals, training personnel for
operation and maintenance, and consultation during operation.
1. 7.17 Providing services after issuance to the Owner of the final Certificate
for Payment, or in the absence of a final Certificate for Payment, more than
sixty days after the Date of Substantial Completion of the Work.
1.7.18 Preparing to serve or serving as an expert witness in connection with
any public hearing, arbitration proceeding or legal proceeding.
1.7.19 Providing services of consultants for other than the normal architectural,
structural, mechanical and electrical engineering services for the Project.
1.7.20 Providing any other services not otherwise included in this Agreement
or not customarily furnished in accordance with generally accepted archi
tectural practice.
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ARTICLE 2
THE OWNER'S RESPONSIBILITIES
2.1 The Owner shall provide full information regarding requirements for
the Project including a program, which shall set forth the Owner's design
objectives, constraints and criteria, including space requirements and
relationships, flexibility and expandability, special equipment and
systems and site requirements.
2.2 If the Owner provides a budget for the Project it shall include contingen
cies for bidding, changes in the Work during construction, and other
costs which are the responsibility of the Owner, including those des
cribed in this Article 2 and in Subparagraph 3.1.2. The Owner shall,
at the request of the Architect, provide a statement of funds available
for the Project, and their source.
2.3 The Owner shall designate, when necessary, a representative authorized
to act in the Owner's behalf with respect to the Project. The Owner or
such authorized representative shall examine the documents submitted
by the Architect and shall render decisions pertaining thereto promptly,
to avoid unreasonable delay in the progress of the Architect's services.
2.4 The Owner shall furnish a legal description and a certified land survey of
the site, giving, as applicable, grades and lines of streets, alleys,
pavements and adjoining property; rights-of-way, restrictions, easements,
encroachments, zoning, deed restrictions, boundaries and contours of
the site; locations, dimensions and complete data pertaining to
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60
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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61
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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62
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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63
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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64
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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65
ARTICLE 6
PAYMENTS TO THE ARCHITECT
6.1 PAYMENTS ON ACCOUNT OF BASIC SERVICES
6.1.1 Payments for Basic Services shall be made monthly and shall be in
proportion to services performed within each Phase of Services, on
the basis set forth in Article 14.
6.1.2 If and to the extent that the Contract Time initially established in the
Contract for Construction is exceeded or extended through no fault of the
Architect, compensation for any Basic Services required for such ex
tended period of Administration of the Construction Contract shall be
computed as set forth in Paragraph 14.2 for Additional Services.
6.1.3 When compensation is based on a percentage of Construction Cost, and
any portions of the Project are deleted or otherwise not constructed, com
pensation for such portions of the Project shall be payable to the extent
services are performed on such portions, in accordance with the schedule
set forth in Subparagraph 14.1.2 based on (1) the lowest bona fide bid
or negotiated proposal or, (2) if no such bid or proposal is received,
the most recent Statement of Probable Construction Cost or Detailed
Estimate of Construction Cost for such portions of the Project.
6.2 PAYMENTS ON ACCOUNT OF ADDITIONAL SERVICES
6.2.1 Payments on account of the Architect's Additional Services as defined
in Paragraph 1.7 and for Reimbursable Expenses as defined in Article
5 shall be made monthly upon presentation of the Architect's statement
of services rendered or expenses incurred.
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6.3 PAYMENTS WITHHELD
6.3.1 No deductions shall be made from the Architect's compensation on
account of penalty, liquidated damages or other sums withheld from
payments to contractors, or on account of the cost of changes in the Work
other than those for which the Architect is held legally liable.
6.4 PROJECT SUSPENSION OR TERMINATION
6.4.1 If the Project is abandoned in whole or in part, the Architect shall
be compensated for all services performed prior to receipt of written
notice from the Owner of such abandonment, together with Reimbur
sable Expenses then due and all Termination Expenses as defined in
Paragraph 10.4. If the Project is resumed after being suspended for
more than three months, the Architect's compensation shall be equitably
adjusted.
ARTICLE 7
ARCHITECT'S ACCOUNTING RECORDS
7.1 Records of Reimbursable Expenses and expenses pertaining to Addi
tional Services and services performed on the basis of a Multiple of
Direct Personnel Expense shall be kept on the basis of generally accepted
accounting principles and shall be available to the Owner or the Owner's
authorized representative at mutually convenient times.
ARTICLE 8
OWNERSHIP AND USE OF DOCUMENTS
8.1 Drawings and Specifications as instruments of service are and shall
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remain the property of the Architect whether the Project for which they
are made is executed or not. The Owner shall be permitted to retain
copies of Drawings, Specifications for information and reference in
connection with the Owner's use and occupancy of the Project. The
Drawings and Specifications shall not be used by the Owner on other
projects, for additions to this Project, or for completion of this Project
by others provided the Architect is not in default under this Agreement,
except by agreement in writing and with appropriate compensation
to the Architect.
8.2 Submission or distribution to meet official regulatory requirements or
for other purposes in connection with the Project is not to be construed
as publication in derogation of the Architect's rights.
ARTICLE 9
ARBITRATION
9.1 All claims, disputes and other matters in question between the parties
to this Agreement, arising out of or relating to this Agreement or the
breach thereof, shall be decided by arbitration in accordance with the
Construction Industry Arbitration Rules of the American Arbitration
Association then obtaining unless the parties mutually agree otherwise.
No arbitration, arising out of or relating to this Agreement, shall include,
by consolidation, joinder or in any other manner, any additional person
not a party to this Agreement except by written consent containing a
specific reference to this Agreement and signed by the Architect, the
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Owner, and any other person sought to be joined. Any consent to
arbitration involving an additional person or persons shall not constitute
consent to arbitration of any dispute not described therein. This
Agreement to arbitrate and any agreement to arbitrate with an addi
tional person or persons dully consented to by the parties to this Agree
ment shall be specifically enforceable under the prevailing arbitration law,
9.2 Notice of the demand for arbitration shall be filed in writing with the
other party to this Agreement and with the American Arbitration Associa
tion. The demand shall be made within a reasonable time after the claim,
dispute or other matter in question has arisen. In no event shall the
demand for arbitration be made after the date when institution of legal
or equitable proceedings based on such claim, dispute or other matter
in question would be barred by the applicable statute of limitations.
9.3 The award rendered by the arbitrators shall be final, and judgment
may be entered upon it in accordance with applicable law in any court
having jurisdiction thereof,
ARTICLE 10
TERMINATION OF AGREEMENT
10.1 This Agreement may be terminated by either party upon seven days'
written notice should the other party fail substantially to perform in
accordance with its terms through no fault of the party initiating the
termination.
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10.2 This Agreement may be terminated by the Owner upon at least seven
days' written notice to the Architect in the event that the Project is
permanently abandoned.
10. 3 In the event of termination not the fault of the Architect, the Architect
shall be compensated for all services performed to termination date,
together with Reimbursable Expenses then due and all Termination
Expenses as defined in Paragraph 10.4.
10.4 Termination Expenses include expenses directly attributable to termina
tion for which the Architect is not otherwise compensated, plus an
amount computed as a percentage of the total Basic and Additional Com
pensation earned to the time of termination, as follows:
.1 20 percent if termination occurs during the Schematic
Design Phase; or
.2 10 percent if termination occurs during the Design Develop
ment Phase; or
.3 5 percent if termination occurs during any subsequent phase.
ARTICLE 11
MISCELLANEOUS PROVISIONS
11.1 Unless otherwise specified, this Agreement shall be governed by the law
of the principal place of business of the Architect.
11.2 Terms in this Agreement shall have the same meaning as those in ALA
Document A201, General Conditions of the Contract for Construction,
current as of the date of this Agreement.
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11.3 As between the parties to this Agreement: as to all acts or failures
to act by either party to this Agreement, any applicable statute of
limitations shall commence to run and any alleged cause of action shall
be deemed to have accrued in any and all events not later than the
relevant Date of Substantial Completion of the Work, and as to any
acts or failures to act occurring after the relevant Date of Substantial
Completion, not later than the date of issuance of the final Certificate
for Payment.
11.4 The Owner and the Architect waive all rights against each other and
against the contractors, consultants, agents and employees of the other
for damages covered by any property insurance during construction
as set forth in the edition of AIA Document A201, General Conditions,
current as of the date of this Agreement. The Owner and the Architect
each shall require appropriate similar waivers from their contractors,
consultants and agents.
ARTICLE 12
SUCCESSORS AND ASSIGNS
12.1 The Owner and the Architect, respectively, bind themselves, their
partners, successors, assigns and legal representatives to the other
party to this Agreement and to the partners, successors, assigns and
legal representatives of such other party with respect to all covenants of
this Agreement. Neither the Owner nor the Architect shall assign, sublet
or transfer any interest in this Agreement without the written consent
of the other.
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ARTICLE 13
EXTENT OF AGREEMENT
13.1 This Agreement represents the entire and integrated agreement between
the Owner and the Architect and supersedes all prior negotiations, re
presentations or agreements, either written or oral. This Agreement
may be amended only by written instrument signed by both Owner and
Architect.
ARTICLE 14
BASIS OF COMPENSATION
The Owner shall compensate the Architect for the Scope of Services
provided, in accordance with Article 6, Payments to the Architect,
and the other Terms and Conditions of this Agreement, as follows:
14.1 BASIC COMPENSATION
14.1.1 FOR BASIC SERVICES, as described in Paragraphs 1.1 through 1.5, and
any other services included in Article 15 as part of Basic Services, Basic
Compensation shall be computed as follows:
For work awarded under a single stipulated sum contract:
New work Eight per cent (8%) of the Construction Cost.
Remodeling Ten and .64/100 per cent (10.64%) of Construction
Cost.
14.1.2 Where compensation is based on a Stipulated Sum or Percentage of
Construction Cost, payments for Basic Services shall be made as pro
vided in Subparagraph 6.1.2, so that Basic Compensation for each
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Phase shall equal the following percentages of the total Basic
Compensation payable:
Schematic Design Phase: percent (15%)
Design Development Phase: percent (35%)
Construction Documents Phase: percent (75%)
Bidding or Negotiation Phase: percent (80%)
Construction Phase: percent (100%)
14.2 COMPENSATION FOR ADDITIONAL SERVICES
14.2.1 FOR ADDITIONAL SERVICES OF THE ARCHITECT, as described in Para
graph 1.7, and any other services included in Article 15 as part of Addi
tional Services, but excluding Additional Services of consultants, Com
pensation shall be computed as follows:
Principals time at the fixed rate of $65 .00 per hour. For
the purpose of this agreement the principals are:
Wilbur Kent
Floyd Marsellos
Ray Scott
Employees time (other than principals) at a multiple of 2-1/2
times the employee's Direct Personnel Expense as defined in
Article 4.
14.2.2 FOR ADDITIONAL SERVICES OF CONSULTANTS, including additional
structural, mechanical and electrical engineering services and those
provide under Subparagraph 1.7.21 or identified in Article 15 as part
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of Additional Services, a multiple of (1.5) times the amounts billed
to the Architect for such services.
14.3 FOR REIMBURSABLE EXPENSES, as described in Article 5, and any
other items included in Article 15 as Reimbursable Expenses, a multiple
of (1.0) times the amounts expended by the Architect, the Architect's
employees and consultants in the interest of the Project.
14.4 Payments due the Architect and unpaid under this Agreement shall
bear interest beginning sixty days from the date payment is due at the
rate of 6%.
14.5 The Owner and the Architect agree in accordance with the Terms and
Conditions of this Agreement that:
14.5.1 IF THE SCOPE of the Project or of the Architect's Services is changed
materially, the amounts of compensation shall be equitably adjusted.
ARTICLE 15
STATEMENT OF CERTIFICATION
The Texas Board of Architectural Examiners, 5555 N. Lamar Blvd.,
Bldg. H-117, Austin, Texas 78751, Phone: 512-458-1363, has
jurisdiction over individuals licensed under the Architects
Registration Law, Article 249a, VTCS.
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NUMBER OR COUNTERPART COPffiS
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
Board
ATTEST:
Secretary
KENT, MARSELLOS AND SCOTT
ARCHITECTS-ENGINEERS
75
81-85
Upon motion of Regent Todd, seconded by Regent Perkins, with all members
voting aye, it was ordered that the Austin Plaza West be named in honor
of Ernest Powers as the Powers Plaza.
Meeting adjourned at 12:00 Noon
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