Minutes of Board of Regents of Stephen F. Austin State University. 1975, Volume No. 30

              MINUTES OF
Board of Regents
of
Stephen f. Austin State University
VOLUME NO. 30
October 25, 1975
Austin, Texas
T N D E X
Minutes of the Meeting
Stephen F. Austin State University
Board of Regents
held in Austin, Texas
VOLUME NO. 30
October 25, 1975
74-194
74-195
74-196
74-197
74-198
74-199
74-200
74-201
74-202
74-203
74-204
74-205
74-206
74-207
74-208
74-209
74-210
74-211
74-212
74-213
74-214
74-215
74-216
74-217
74-218
74-219
Approval of Minutes
Election of Dr. R. W. steen as President Emeritus
Faculty § Staff Appointments
Resignations
Changes in Status
Retirement
Promotions
Contract for Demolition of Ferguson Hall
Birdwell Annex, Residence-627 E. Starr'
(A. P. Boegner)
Architectural Contract for Removal of Old
Buildings (Kent-Marsellos-Scott)
Contract to Supply § Erect a Flagpole
(R. G. Muckleroy, Jr.)
Architectural Contract to Design § Supervise
Erection of Flagpole (Kent-Marsellos-Scott)
Approval of Final 1974-75 Budget Positions
Approval of Transfer of Funds
Approval of Settlement Agreement (Observatory)
Approval of Change Orders
Authorization of Establish Foundation
Contract to Renovate Fine Arts Building's Stage
Lighting Controls (Cobb's Southwest Electric)
Engineering Services Agreement to Design §
Supervise Fine Arts Building's State"Lighting
Controls (Love, Friberg § Associates)
Authorization to Execute Contract for Construction
of Security Office Building
Architectural Agreement for Construction of
Security Office Building (Kent-Marsellos-Scott)
Approval of Fiscal Regulations
Approval to Create the Lacy H. Hunt Forestry
Postion 7
Creation of Presidential Search Committee
Directives to Presidential Search Committee
Appropriation of Funds for the Presidential
Search Committee's Activities
Approval of Curriculum Changes
Page
30-2
30-2
30-2
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30-5
30-6
30-6
30-25
30-48
30-67
30-90
30-90
30-90
30-94
30-94
30-94
30-107
30-114
30-114
30-137
30-137
30-137
30-138
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304 39
MINUTES OF THE MEETING
BOARD OF REGENTS
STEPHEN F. AUSTIN STATE UNIVERSITY
HELD IN AUSTIN, TEXAS
October 25, I97S
The meeting was called to order by Walter C. Todd, Chairman
of the Board of Regents, at 10:00 a.m. October 25, 1975.
PRESENT:
Members:
ABSENT:
PRESENT:
PRESENT:
Guest:
Walter C. Todd of Dallas
Robert C. Gray of Austin
Peggy Wedgeworth Wright of Nacogdoches
Homer Bryce of Henderson
James 1\ Perkins of Rusk
Mrs. George Cullum, Jr. of Dallas
Joe Bob Golden of Jasper
Ernest Powers of Carthage
Glenn Justice of Dallas
C. G. Haas, Secretary of the Board
Dr. Rffl W. Steen, President of the University
Mary Chidichimo
Dan Lawson
Lynn Gunn
Ren&e Instine
Betty Luman
Kirk Bonner
RHA President
RHA Vice President
RHA Secretary
Organizations Editor
Stone Fort
Editor - Pine Log
RHA Social Chair
74-194
Upon motion of Regent Gray, seconded by Regent Cullum, with all members
voting aye, it was ordered that the minutes of the meeting of July 26,
1975, be approved.
74-19S
Upon motion of Regent Wright, seconded by all other Regents present, it
was ordered that Dr. R. W. Steen be elected President Emeritus upon
completion of his term in office as President.
74-196
Upon motion of Regent Perkins, seconded by Regent Bryce, with all members
voting aye, it was ordered that the following individuals be employed
for the positions, dates and salaries indicated:
1. Department of Accounting
Ms. Sharron M. Graves, 33, M.B.Ed. (Stephen F. Austin State Uni
versity), Instructor (50% time) of Accounting at a salary rate of
$2,000 for the Fall Semester, 1975, only.
2. Department of Agriculture
Mr. Homer G. McCall, 31, M.S. (Texas APTM University), Instructor
of Agriculture at a salary rate of $12,500 for nine months, effective
Fall Semester, 1975.
3o Department of Art
Mr. Robert Edwin Cox, 35, M.F.A. (Stephen F. Austin State Uni
versity), Teaching Interne in Art at a salary rate of $9,000 for
nine months, effective Fall Semester, 1975.
4. Department of Communication
Ms. Beverly E. Brock, 25, M.A. (Stephen F. Austin State University),
Graduate Interne in Communication at a salary rate of $9,000 for
nine months, effective Fall Semester, 1975,
5. Department of Elementary Education
Ms. Diana Maria Garcia, 26, M.Ed. (University of Houston), Instructor
in Elementary Education at a salary rate of $11,000 for nine months,
effective Fall Semester, 1975.
Ms. Mary Ella Lowe, 41, M.Ed. (University of Houston), Assistant
Professor (50% time) in Elementary Education at a salary rate of
$6,000 for nine months, effective Fall Semester, 1975.
Ms. Elvia Ana Rodriguez, 29, M.Ed. (East Texas State University),
Assistant Professor in Elemantary Education at a salary rate of
$13,500 for nine months, effective Fall Semester, 1975.
30-2
6. Department of English
7. School of Forestry
8. Department of General Business
9. Department of Home Economics
time) for the Spring Semester, 1976, only
months, effective Fall Semester, 1975^ $ '5°° f°T
10. Department of Physics
30-3
11. Department of School Services
Dr. Paul F. McGhiey, 37, Ed.D. (George Peabody College) As
sistant Professor in School Services at a salary rate of $16 667
for ten months, effective Fall Semester, 1975. *
Ms. Joy Lin Mahaffey, 26, M.S. (North Texas State University)
Instructor in School Services at a salary rate of $11,500 for nine
months, effective Fall Semester, 1975.
12. Department of Secondary Education
Mr. Jose Angel Rodriguez, 34, M.Ed. (East Texas State Univer-
Vl c non'fSnt Professor in Secondary Education at a salary rate
of $15,000 for nine months, effective Fall Semester, 1975.
13. Department of Sociology
Ms. Michele Lana Johnson, 23, M.A. (Washington State University)
Instructor of Sociology at a salary rate of $10,500 for nine months,
effective Fall Semester, 1975.
14. University Library
Ms. Lucille Elaine Hackard, 31, M.L.S. (University of Texas-
Austin), Librarian I at a salary rate of $9,000 for nine months,
effective Fall Semester, 1975.
Ms Elizabeth Rose Mikkola, 23, M.L.S. (Western Michigan Univer-
«« ™ Assistant Reader Services Librarian at a salary rate of
if>y,000 for nine months, effective Fall Semester, 1975'.
15. Student Affairs Division
Ms. Bonnie Marie Smith, 26, M.S. (University of Southern Illinois)
Guidance Counselor at a salary rate of $11,000 for twelve months,
effective September 1, 1975.
Mr. Tommy Joe Willis, 25, Patrolman, University Police Department
at^a salary rate of $8,000 for twelve months, effective September l]
16. Physical Plant
Mr. Edmund Myles Cutting, 40, Controls Systems Specialist at a
salary rate of $14,000 for twelve months, effective November 1,
1975.
Mr. Ted M. Eddings, 64, Planner-Estimator, at a salary rate of
*9,600 for twelve months, effective November 1, 1975.
30-4
Mr. Bobby Lee LaBorde, 48, Custodial Services Supervisor II
at J salary rate of $10,000 for twelve months, effective September
1, 1975.
74-197
Upon motion of Regent Perkins, seconded by Regent Gray, with all members
voting aye, it was ordered that the following resignations be accepted:
1. Department of Computer Science
Dr. Thomas J. Sager, Assistant Professor of Computer Science
effective December 31, 1975. Dr. Sager has resigned for personal
reasons.
2. School of Forestry
Mr Michael S Fountain, Instructor of Forestry, effective Decem
ber 31, 1975, Mr. Fountain will attend West Virginia University
to complete the Ph.D. degree.
3. Department of General Business
Dr. Conway Rucks, Associate Professor of General Business ef
fective August 16, 1975. Dr. Rucks has accepted other employment.
74-198
Upon motion of Regent Perkins, seconded by Regent Cullum, with all members
voting aye, it was ordered that the following changes in status be ap-proved:
r
1. Department of Agriculture
Mr. Jerry Leon Young, Assistant Professor of Agriculture and
Director of Soils Laboratory, from $16,000 for twelve months to
$15,000 for twelve months. Mr. Young was unable to meet all re
quirements for the Ph.D. by September 1, 1975 and, therefore, did
not qualify for the higher salary rate at that time.
2. School of Forestry
Mr. Robert Montague Whiting, Instructor of Forestry, from 100%
time at $13,250 to 75% time at $9,938 for nine months, effective
January 12, 1976, for the Spring Semester only. Mr. Whiting wishes
to devote more time to completion of the Ph.D. degree.
3. Department of History
Dr. Robert S. Maxwell, Professor of History and Head of the Depart
ment, from 100% time at $11,906.25 to 75% time at $8,929.68 effect
ive September 1, 1975 through December 31, 1975. Dr. Maxwell will
participate in a project funded by NEH to write a Bicentennial
History of the American Forests and Forestry.
30-5
4. University Computer Center
Mr. Billy j. Click, Manager of Administrative Data Processing
^T rte f $18°00 tO ACting Director °f h ?
74-199
be" voting av/^r' Perkjns'/e«»*ed by Regent Bryce, with all mem
cejted: * ' ^ ^ th&t the followi"S retirement be ac~
1. Department of English
1976
74-200
' Fr6d E* Ekf6lt> Pr°fessor of English, effective July 15,
Upon motion of Regent Bryce, seconded by Regent Wright, with all mem-proved
" aye' ±Z ^ °rdered that the f°"l0winS ^tion be ap
1. Department of School Services
Anderson' from Instructor to Assistant Professor of
^1"8 Set 1976
' tor to Assistant Professor of
has 1?^' effective Spring Semester, 1976. Ms. Anderson
Zn^Tl I fl W°rk t0Ward the Ph'D- deZ™e> and has been recom mended by her department head and dean.
74-201
Upon motion of Regent Gray, seconded by Regent Wright, with all members
voting aye, xt was ordered that the contract with A. P. Boegn^ Bryat
Texas to remove Ferguson Hall, the Birdwell Annex, and the residence
at 627 East Starr for $26,400.00 as authorized in the July 26 iTs
30-6
CONTRACT
THE STATE OF TEXAS
KNOW ALL MEN BY THESE PRESENTS
COUNTY OF NACOGDOCHES
THIS ACREEMENT , made this lhe ^
Nineteen Hundred Seventy Five by and between the BOARD OF REGENTS .
STEPHEN ^AUSTIN STATE UNIVERSITY, NACOGDOCHES, TEXAS, acting
herein through its President, hereinafter called "Owner» and A. P. BOEGNER
DEMOLISHING COMPANY, 2200 S. COLLEGE STREET, BRYAN, TEXAS
hereinafter called "Contractor".
WITNESSETH, that the Contractor and the Owner for the con
siderations hereinafter named agree as follows:
1 • The Contractor agrees to provide all of the materials, furnish the
labor, and do all things necessary to complete fully all of the work
shown on the Drawings and described in the Specifications entitled
"DEMOLITION OF FERGUSON HALL, BIRDWELL ANNEX, RESIDENCE -
627 E. STARR, STEPHEN F. AUSTIN STATE UNIVERSITY"
prepared by Kent-MarseUos-Scott, Architects-Engineers,
Lufkin, Texas acting as and in these Contract Documents entitled the
Architect; and shall do everything required by this Agreement, the
"General Conditions" of the Contract, the Drawings and the Specifications.
2. The "General Conditions" of the Contract, the "Supplementary Conditions",
the Drawings and the Specifications, together with this Agreement,
30-7
form the Contract, and they are as fully a part of the Contract as
if hereto attached or herein repeated. The following is an enum
eration of the Specifications and Drawings:
Drawings and Specifications entitled "DEMOLITION OF FERGUSON HALL,
BIRDWELL ANNEX, RESIDENCE - 627 E. STARR, STEPHEN F. AUSTIN
STATE UNIVERSITY, NACOGDOCHES, TEXAS"
sheet and section numbers as listed in Paragraph 1.1 of "Supplementary
Conditions"; and the following:
Addendum No. 1, dated September 3, 1975, Page 1
Addendum No. 2, dated September 10, 1975, Pages 1-4 incl.
1. This Contract is to cover the General Contract Work complete.
The said Drawings, and each and all of said Specifications and
"General Conditions" are made a 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.
30-8
2, The work called for and included in this Agreement is to be
done under the direction of the Arcnitect above named and his
determination of the true meaning and proper construction of the
Specifications shall be considered as final.
3 . The work on Birdwell Annex and Residence at 627 E . Starr,
to be performed under this Contract shall be commenced
on or before a date to be specified in a written "Work Order11, and
shall be fully completed within 50 consecutive calendar days
thereafter. The work on Ferguson Hall shall be completed in
90 consecutive calendar days after the date of the "Notice to Proceed"
on that work. The Contractor further agrees to pay as liquidated
damages the sum of $25.00 per day for each consecutive calendar
day thereafter the work remains unfinished as specified in Paragraph
1.28 of "Supplementary Conditions" and in Proposal.
4. The Owner shall pay the Contractor for the performance of the
Contract, subject to additions and deductions provided herein,
TWENTY - SIX THOUSAND FOUR HUNDRED AND NO/100 DOLLARS
($26,400.00) out of Plant Funds available to the Owner for expenditure
for the use and benefit of Stephen F. Austin State University.
The basis of the above contract price is as follows:
Base Bid - $26,400.00
30-9
{\)
The Owner shall make payments or account of the Contract as
provided therein as follows: On or about the last day of each month
ninety percent (90%) of the value, based on the Contract Price of
labor and mate rial;, incorporated in the work and of materials
suitably stored at the site thereof up to the first day of that month,
as estimated by the Architect, less the aggregate of previous
payments; and upon substantial completion of the entire work,
a sum sufficient to increase the total payments to ninety percent
(90%) of the Contract Price provided satisfactory evidence is
furnished that all payrolls, material bills and other indebtedness
connected with the work have been paid. The Owner at any time
after 50% of the work has been completed, if it finds that satis
factory progress is being made, may make any of the remaining
progress payments in full. Final payment shall be due thirty days
after substantial completion of the work provided the work be then
fully completed and the Contract fully performed. Upon receipt of
written notice that the work is ready for final inspection and accept
ance, the Architect shall promptly make such inspection, and when
he finds the work acceptable under the Contract and the Contract
fully performed he shall promptly issue a Final Certificate, over
his own signature, stating that the work provided for in this Contract
30-10
il
has been completed and is acceptable to him under the terms and
conditions thereof, and that the entire balance found to be due the
Contractor, and noted in the Final Certificate is due and payable.
Before issuance of Final Certificate the Contractor shall submit
evidence satisfactory to the Architect that all payrolls, material
bills and other indebtedness connected with the work have been paid.
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 re
pay 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.
30-11
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.
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 Auto^
mobile Liabilij£ Insurance: In an amount not less than
$500,000 .op for injuries, including personal injury or
accidental death
30-12
i.3
to any one person, and in an amount not less than
$5Q0,00Q.0Q on account of one occurrence; Property Damage
Insurance in an amount not less than $300,000.00.
c) delude Broad Form Property Damage Insurance. Remove
"XCU" 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 occurrence)
2. Property Damage
$300,000.00 (each occurrence)
e) Completed Operations: Continue coverage in force for
one year after completion of work.
30-13
14
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.
^* Builder's Risk Insurance: Delete the first sentence of Paragraph 11.3
of General Conditions . The work is entirely at the Contractor's risk
until it is accepted by the Owner, and the Contractor will be held liable
for it's safety to the amount of money paid by the Owner on account of
same. The Contractor shall take out Builder's Risk Insurance on 100%
of the insurable portion of the project for the benefit of the Owner, the
Contractor and ail Subcontractors as their interests may appear.
8. 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 whatsoever.
For purposes of complying with the State of Texas Sales Tax,
the following is a division between labor and materials:
Labor
Materials /^"^"j,: * o
Total $ 26,400.00
30-14
15
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
k
BOARD OF REGENTS
STEPHEN F . AUSTIN STATE UNIVERSITY
SEAL
A. P . BOEGNER DEMOLISHING COMPANY
2200 S. COLLEGE STREET
BRYAN,TEXAS
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.
30-15
16
(To be, used in Texas as required by Chapter 93 of
the Regular ^sG.ion of the 56th Legislature of Texas)
THE STATE OfT:,y \S
COUNTY OF NACOGDOCHES
KNOW ALL MEN BY THESE PRESENTS: That we (i)
A. P. 80EGNER
Principal and (3)___F1DELITY AMD DEPOSIT COMPANY of
^y™RI ___State of MARYLAND
hereinafter called the Surety, are held and firmly bound into (4)
BQARD_QF_REGENTS> STEPHEN F. AUSTIN STATE UNIVERSITY
hereinafter called Owner, in the penal sum of TUENTY-SIX
THOUSAND FOUR HUNDRED & NO/100 _„
DOLLARS '($ 26 Win-nn ^ ■ i l , w ^btifUU.oq ), m lawful money of the United
States, to be paid in (5) Nacogdoches_ County, Texas
for the payment of which sum well and truly to be made, we bind
ourselves, our hexrs, 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)
the Owner, dated the 22nd____day of __SeptembBT
19J75, a Copy of which is attached hereto and made a part hereof
demolition
tor the x«R8toHJc*is»n of::
A. D,
30-16
17
Stephen F. Austin Stata University,
(Herein called the "Work").
627 E. Starr
EE
~
all
years from E
™E?EF0RE' " the «haU repair any and
f 1^Ct' occurring within a period of two
bond .mTi ThM " -V ^.««« be flled
waive notice of an- ,•,.] Ou'-«=allon o£ thl» b°ncl, and it does hereby
terms oi th. Contract or to the work or to the Specifications
.o the t,i
as amended by Act of
on this bond s\a! De
Article to the
I f
I2
S'atUtM ot
30-17
18
IN WITNESS WHEREOF, this instrument xs executed m fou>-
counterparts, each one of which shall be deemed an original, this
ATTEST:
(Principal) Secretary
.D., 19 75
A,P. BOEGNER
Principal
SEAL 22QQ_S_L_CDllBgeAve., Br^an,Texas 77801
Witness as to Principal
Box 3889, Bryan, Texas 77801
(Address) ~ ~~
ATTEST:
(Surety) Secretary
FIDELITY AMD DEPOSIT COMPANY
,s—~ Surety
Avis
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.
30-18
PAYMENT B-GND
(To be used m Texas as required by Chapter ^ of
the Regular Session of the 56th Legislature of Texas)
THE STATE CF TEXAS
COUNTY OF NA 3Cr; DC CUES
KNOW ALL MEN EY THESE F,IESENTS: That we
(1) Ao P. 80£Gi\SER
an(2) individual
called Principal
(3) FIDELITY AND DEPOSIT CDMPANV nf BALTIMORE
State °f hereinafter called the Surety,
are held and firmly bound unto
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 Co in the penal sum
of TkiENTY SIX THOUSAND FOUR HUNDRED 8. iMO/100
-COLLARS ($ 26,400.00
in lawful money of the United States, to be paid in (5)
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
UNIVERSITY ,,~
_ ___, the Owner,
30-19
20
dated the 22nd day of September , A. D. , 19 75
a copy of which is hereto attached and made a part hereof for the
demolition ,_
Hall, Birdiuall Annex & Residence,
e University, Nacogdoches, Texas
_ NOW THEREFORE, the condition of this obligation is
such that, xf the Principal shall promptly make payment to all
claimants as defined in Article 5160 Revised Civil Statutes of
;CXa.S| 1V2b' as amended by House Bill 344, Acts 56th Legislature
Regular Session, 1959, effective April 27, 1959, supplying labor
and materials in the prosecution of the work provided for in said
Contract, then this obligation shall be null and void; otherwise
it shall remain in full force and effect. '
This bond is made and entered into solely for the pro
tection of all claimants supplying labor and materials in the pro
secution of the work provided for in said Contract, and all such
claimants shall have a direct right of action under the bond as
provide in Article 5160, Ilevised Civil Statutes, 1925, as
amended by House Bill 344, Acts 56th Legislature, Regular
Session, 1959. h
r, , PROVIDED FURTHER, that if any legal action be
fiieci upon this bond, venue shall lie in _Nacogdoches County,
S ate of Texas, and that the said Surety, fo7 v"aTu"e reived hereby
stipulates ana agrees that no change, extension of time, alteration
or addition to the terms of the Contract or to the work to be per
formed thereunder or the Specifications accompanying the same
shall in any wise affect its obligation on this bond, and it does
hereby waive notice of any change, extension of time, alteration
or addition to the terms of the Contract or to the work or to the
Specifications.
PROVIDED FURTHER, that no final settlement
between the Owner and the Contractor shall abridge the ri*ht
of any beneficiary hereunder, whose claim may be unsatisfied
30-20
the
,vhx,n. -r.a
AlTiiST:
Witness as to PriviC-l^ai"
(Address)'
)lLITY A!\iD DEPOSIT CGHPAiW
(Surety) Secretary
bY L / >: i.->
A t f o r 21 e v - iA -1' a c ^'
Avis Zu^ifel^
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,
30-21
Power of Attorney
FIDELITY AND DEPOSIT COMPANY OF MARYL
HOME OFflO:. 6ALYIMOWE, MD
wr4V v* ViI^ a-Accuuve vice-rresidents .-*■ a
Directors or by the Executive Committee, retary or any one of the Assistant Secretaries^ to
m-b'&ct as the busmen nf fV»w rv«*««~.. .' •
d(x?s hereby nominate,
Bryan,
f-m-tact, to make, execute, sea! and deliver, for, and oa its behalf as
—J all. bonds and undertakings.. .EXCEPT bonds on
3, Community Survivors and Community Guardians
^m llT^XtZ, 11TTf tf "■ * » bi"di°8 «PO» -aid
said Comoanv. anrf i« n™, ™ YZ.^S ereby cert"y that th« aforegoing is a true copy of Artide VI, Section 2, of the By-Laws of
■,1^1rfridenyrd Assistant SKnuuy have hereunt° ^bscnbed .^« Sea, of the saia Fidelity and Deposit Company of Maryland, this
^ned) FIDELITY AND DEPOSIT COMPANY OF MARYLAND
;;r."T c ^-^co:n_..j.R.0. bv
State of Maryland \ vice-President
City of Baltimore / ss-
On this 2 2nd. day of
first above written. hcFeUnto Stt ^ ha^and affixed my Official Seal, at the City of Baltimore, the day and year
(Signed)
(Seal) -••--—-...........„....... M£lIilDA...Lo...HAUS
Notary Public Commission Expires..July...J..# [^28
T fh , . . A CERTIFICATE
19 11
/I \/
Ll419—Ctf. 195923 _ K^-^lA. J^C^^'f\.^
""""""' ' * -"rejKr.r l.T.-i..^.
'f A ssistanl Ser.rpt.n.*
INSURANCE
AIA !X)CUMl:N'l (JUS
NAMEJj^ADDRFSS OF INSURED 22GG 3#
COVERING (show project name ~f)prnn l"\ tTnTTTTFTT^^ —
AND/OR NUMBER AND LOCATION) t- \ °? '--rgUt.iOn f. 31 1 , Oj .PGaR
- ^-^-^^
Mnrn?x~, TvbsTg*fncTT"^
Addressee
1 Owner) r~
3oarc of Rregents
Stephen F. Austin State Univ.
IMacogdoches, Texas
SsptpmbGr 26, 1975
KJND QF INSURANCE
1. (a) Workmen's Comp
-_^) £mployers/ Liability
2. Comprehensive
General Liability t i o n s
—^DJXJJJILJI^^ -independent Contractors
6-2-75/76
(a) Bodily Injury
Each Occurrence—Contractual
General Aggregate
Occurrence—Prernjses—-Operation
(c) Property Damage
6-2-75/76
Each Occurrence—Contractual
3. Comprehensive
Automobile Liability
(a) Bodily Injury 100,000. Each Person--
51C843370
$ 300,000,, Each Occurrence
1100,000. Each Occurrence—
UNDER GENERAL LIABILITY POLICY OR POLICIES
i. Does Property Damage Liability Insurance shown include coverage for XC and U h.zuds^
' %OcC7FencepBasJS C—^ prov.ded under Property Damage Liability*
3. s Broad Form Property Damage Coverage provided for this Project? .... ' " .' .' .' [.[['"
Yes
X
assumed by
UNDER AUTOMOBILE LIABILITY POLICY OR POLICIES
1. Does coverage above apply to non-owned and hired automobiles?
2. Is Occurrence Bas.s Coverage provided under Property Damage Liability'/
CANCELLATJON OR NON-RENEWAL
In (he event ol cancellation or non-renewal oi any oi the
|orcKo.ng/ ntteen (15) aays wri.ten not.ee shall \>v g.von to
(he party to whom this certificate is addressed "
EXTENT OF CERTIFICATION
Ihiscorlifudte ij, issued as a matter of information only and
oners no r,«hts upon the holder. By i,5 issuance the com
\rZ f 7?\ T' T' m°dlty °r extend J"V "' the uMjviions f the above policies.
HARTFORD CASUALTY INSURANCE COMPANY
NAME OF INSURANCE COMPANY
Jjgrtford, ConnectIcut
SIGNATURE OF AUTHORIZED REPRESENTATIVE
: s ksssm»0 ONE PAGt
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25
74-202
Upon motion of Regent Gray, seconded by keKeru Wright, will all members
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26
CONTRACT FOR ARCHITECTURAL SERVICES
CITY OF NACOGDOCHES
THE STATE OF TEXAS
COUNTY OF NACOGDOCHES
THIS AGREEMENT made as of ihv Twenty Second day of September in
the year Nineteen Hundred and Seventy Five and between the BOARD OF
REGENTS STEPHEN F._A£STm^ ^
TEXAS acting herein by and through its President, hereinafter called the Owner,
and KENT-MARSELLOS-SCOTT, ARCHITECTS -ENGINEERS, Lufkin, Texas
hereinafter called the Architect.
WITNESSETH, whereas the Owner intends to erect on the campus of
Stephen F. Austin State University, Nacogdoches, Texas, DEMOLITION OF
FERGUSON HALL, BIRDWELL ANNEX, RESIDENCE - 627 E. STARR
hereinafter called the Project.
NOW, THEREFORE, the Owner and the Architect for the considerations
hereinafter set forth agree as follows:
L The Architect shall provide professional services for the Project in
accordance with the Terms and Conditions of this Agreement.
II. The Owner shall compensate the Architect in accordance with the
Terms and Conditions of this Agreement as follows:
a) For the Architect's Basic Services, as described in Para
graph 1.1; Seven and One Half Per Cent (7 . 5%) of the
project construction cost; hereinafter referred to as the
Basic Rate; and such
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other payments and reimbursements a, n,,y hereinafter
be provided, but all such payment,; and ev^y ^Vfpav
herein provided shall be from ■■->. . ,,
and other funds available to the Owner for expendixure
for the use and benefit of Stephen F. Austin Srate University,
b) For the Architect's Additional Services as described'in
Paragraph 1. 3 Compensation for Principals , employees,
and consultants time as agreed upon between the Owner
and the Architect.
O For the Architect's Reimbursable Expenses, amounts
expended as defined in Art* <*<«= icie :>,
The Architect and «be Owner further agree « iil£. followmg
and Conditions:
ARTICLE I
ARCHITECT'S SERVICES
1.1 BASIC SERVICES
The Architects Basic Serv.ee, consls, o! ^ fiv. phiM,
below and include nor.al ^ructu,,!
nlechaniCai ,nQ ^.
neering services and any other Servlc« liv;1aded m Al..icl6 14 4
Basic Services.
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SCHEMATIC DESIGN PHASE
1 • I • 1 The Architect shall review the program iurmsb,: a oy the Owner to
ascertain the requirements of the Project and shall confirm such re
quirements to the Owner.
1.1.2 Based on the mutually agreed upon program, the Architect shaii pre
pare Schematic Design Studies consisting of drawings and other docu
ments illustrating the scale and relationship of Project components for
approval by the Owner.
1.1.3 The Architect shall submit to the Owner a Statement of Probable Con
struction Cost based on current area, volume or other unit costs.
DESIGN DEVELOPMENT PHASE
1.1.4 The Architect shall prepare from the approved Schematic Design Studies
for approval by the Owner, the Design Development Documents consist
ing of drawings and other documents to fix and describe the size and
character of the entire Project as to structural, ;v echameai and electri
cal systems, materials and such other essentials as may be appropriate.
1.1.5 The Architect shall submit to the Owner a further Statement of Prob
able Construction Cost.
CONSTRUCTION DOCUMENTS PHASE
1.1.6 The Architect shall prepare from the approved Design Development
Documents, for approval by the Owner, Drawings and Specifications
setting forth in detail the requirements for the construction of the
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entire Project ^eluding the nectary tiduing iniormation, ana shall
assist in the preparation of bidding .cm.- <.-■„, ,:.jnaiI;un:; oi ti-,t, Con..
tract, and the form of Agreement between, *,ie i.nV!U:r and me Contractor
1.1.7 The Architect shall advise the Owner of a.iy ..djusunents to previous
Statements of Probable Construction Oosi indictee oy changes in re
quirements or general market conditions.
1.1.8 The Architect shall assist the Owner in filing me required documents
for the approval of governmental authorities having jurisdiction over
the Project.
BIDDING OR NEGOTIATION PHASE
1.1.9 The Architect, following the Owner's approval of the Construction
Documents and of the latest Statement of Probable Construction Cost,
shall assist the Owner in obtaining bids or negotiated proposals, ana
in awarding and preparing construction contracts .
CONSTRUCTION PHASE - ADMINISTRATION OF THE CONSTRUCTION CONTRACT
1.1.10 The Construction Phase will commence wrih the awa.v:d cf the Construc
tion Contract and will terminate when the final Certificate for Payment
is issued to the Owner .
1.1.11 The Architect shall provide Administration of the Construction Con
tract as set forth in AIA Document A2CO , Genera, Conditions of the
Contract for Construction, and the extent of his duties and respon
sibilities and the limitations of his authority as assigned thereunder
shall not be modified without his written consent.
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1.1.12 The Architect, as the representative of the Owner during the Con
struction phase, shall advise and consult with the Owner and all oi
the Owner's instructions to the Contractor shall be issued through
Architect. The Architect shall, have authority to act on oehaif of the
Owner to the extent provided in the General Conditions unless other
wise modified in writing .
1.1.13 The Architect shall at all times nave access to the Work wherever it is
in preparation or progress .
1.1.14 The Architect shall make periodic visits to the site to familiarize him
self generally with the progress and quality of the Work and to deter
mine in general if the Work is proceeding in accordance with the Con
tract Documents . On the basis of his on-site observations as an
architect, he shall endeavor to guard the Owner against defects and
deficiencies in the Work of the Contractor. The Architect shall not be
required to make exhaustive or continuous on-sue inspections to check
the quality or quantity of the Work. The Architect shall not be respon
sible for construction means, methods, techniques, sequences or pro
cedures, or for safety precautions and programs m connection witn the
Work, and he shall not be responsible for the Contractor's failure to
carry out the Work in accordance with the Contract Documents .
1.1.15 Based on such observations at the site and on the Contractor's Appli
cations for Payment, the Architect shall determine the amount owing to
the Contractor and shall issue Certificates for Payment in such amounts.
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The issuance of a Certificate for Payment shaii constitute a representa
tion by the Architect to the Owner, based on the Architect's observations
at the site as provided in Subparagraph 1. > . 14 and the data comprising
the Application for Payment, that the Work r.as progressed to the point
indicated; that to the best of the Architect's knowledge, information
and belief, the quality of the Work is in accordance with the Contract
Documents (subject to an evaluation of the Work for conformance with the
Contract Documents upon Substantial Completion, to the results of any
subsequent tests required by the Contract Documents, to minor devia
tions from the Contract Documents correctable prior to completion, and
to any specific qualifications stated in the Certificate for Payment); and
that the Contractor is entitled to payment in the amount certified. By
issuing a Certificate for Payment, the Architect shall not be deemed to
represent that he has made any examination to ascertain how and for what
purpose the Contractor has used the moneys paid on account of the Con
tract Sum.
1.1.16 The Architect shall be, in the first instance, the interpreter of the re
quirements of the Contract Documents and the impartial judge of the per
formance thereunder by both the Owner and Contractor. The Architect
shall make decisions on all claims of the Owner or Contractor relating
to the execution and progress of the Work and on all other matters or
questions related thereto. The Architect's decisions in matters relating
to artistic effect shall be final if consistent with the intent of the Con-tract
Documents .
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1.1.17 The Architect shall have authority to reject Work which does not con
form to the Contract Documents. Whenever, in his reasonable opinion,
he considers it necessary or advisable to insure the proper implemen
tation of the iment of the Contract Document,, he wih have authority
to require special inspection or testing of any Work in accordance with
the provisions of the Contract Documents whether or not such Work be
then fabricated, installed or completed.
1.1.18 The Architect shall review and approve shop drawings, samples, and
other submission of the Contractor only for conformance with the design
concept of the Project and for compliance with the information given in
the Contract Documents.
1.1.19 The Architect shall prepare Change Orders .
1.1.20 The Architect shall conduct inspections to determine the Dates of Sub
stantial Completion and final completion, shall receive and review
written guarantees and related documents assembled by the Contractor,
and shall issue a final Certificate for Payment.
1.1.21 The Architect shall not be responsible for the acts or omissions of the
Contractor, or any Subcontractors, or any of the Contractor's or Sub
contractors' agents or employees, or any other persons performing any
of the Work.
1.2 PROJECT REPRESENTATION BEYOND BASIC SERVICES
1.2.1 If more extensive representation at the site than is described under Sub-paragraphs
1.1.10 through 1.1.21 inclusive is required, and if the
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Owner and Architect agree, the Architect snail provide one or more
Full-Time Project Representatives to assist the Architect.
1.2.2 Such Full-Time Project Representatives shall be selected, employed
and directed by the Architect, and the Architect shall be compensated
therefor as mutually agreea between the Owner and the Architect as
set forth in an exhibit appended to this Agreement.
1.2.3 The duties, responsibilities and limitations of authority of such Full-
Time Project Representatives shall be set forth in an exhibit appended
to this Agreement.
1.2.4 Through the on-site observations by Full-Time Project Representativ
es of the Work in progress, the Architect shall endeavor to provide
further protection for the Owner against defects in the Work, but the
furnishing of such project representation shall not make the Architect
responsible for construction means, methods, techniques, sequences
or procedures, or for safety precautions and programs, or for the
Contractor's failure to perform the Work in accordance with the Con
tract Documents.
1 • 3 ADDITIONAL SERVICES
The following Services shall be provided when authorized in writing
by the Owner, and they shall be paid for by the Owner as hereinbefore
provided.
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1.3.1 Providing analyses of the Owner -s needs. and programming the re
quirements of the Project.
1.3.2 Providing financial feasibility or other special studies.
1.3.3 Providing planning surveys, site evaluations. environmental studies
or comparative studies of prospective sites .
1.3.4 Providing design services relative to future facilities, systems and
equipment which are not intended to be constructed as part of the
Project.
1.3.5 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.
1.3.6 Providing Detailed Estimates of Construction Cost or detailed quantity
surveys or inventories of material, equipment and labor.
1.3.7 Providing services for planning tenant or rental spaces.
1.3.8 Making revisions in Drawings, Specifications or other documents
when such revisions are inconsistent with written approvals or in
structions previously given and are due to causes beyond the control
of the Architect.
1.3.9 Making investigations involving detailed appraisals and valuations of
existing facilities, and surveys or inventories required in connection
with construction performed by the Owner.
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1.3.10 Providing consultation concerning replacement of any Work damaged
by fire or other cause during construction, and furnishing profess
ional services of the type set forth in Paragraph 1.1 as may be required
in connection with the replacement of such Work.
1.3.11 Providing professional services made necessary by the default of the
Contractor or by major defects in the Work of the Contractor in the
performance of the Construction Contract.
1.3.12 Providing extensive assistance in the utilization of any equipment or
system such as initial start-up or testing, adjusting and balancing,
preparation of operation and maintenance manuals, training personnel
for operation and maintenance, and consultation during operation.
1.3.13 Preparing to serve or serving as an expert witness in connection with
any public hearing, arbitration proceeding or legal proceeding.
1.3.14 Providing services of professional consultants for other than the
normal structural, mechanical and electrical engineering services for
the Project.
1.3.15 Providing any other services not otherwise included in this Agree
ment or not customarily furnished in accordance with generally accept
ed architectural practice.
ARTICLE 2
THE OWNER'S RESPONSIBILITIES
2.1 The Owner shall provide full information, including a complete pro
gram, regarding his requirements for the Project.
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2.2 The Owner shall designate, when necessary, a representative author
ized to act in his behalf with respect to the Project. The Owner shall
examine documents submitted by the Architect and shall render de
cisions pertaining thereto promptly, to avoid unreasonable delay in
the progress of the Architect's services.
2.3 The Owner shall furnish a certified land survey of the site giving, as
applicable, grades and lines of streets, alleys, pavements and adjoin
ing property; rights-of-way, restrictions, easements, encroachments,
zoning, deed restrictions, boundaries and contours of the site; locations,
dimensions and complete data pertaining to existing buildings, other
improvements and trees; and full information concerning available
service and utility lines both public and private, above and below
grade, including inverts and depths.
2.4 The Owner shall furnish the services of a soils engineer or other con
sultant when such services are deemed necessary by the Architect, in
cluding reports, test borings, test pits, soil bearing values, percola
tion tests, air and water pollution tests, ground corrosion and resistiv
ity tests and other necessary operations for determining subsoil, air
and water conditions, with appropriate professional recommendations.
2.5 The Owner shall furnish structural, mechanical, chemical and other
laboratory tests, inspections and reports as required by law or the
Contract Documents.
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2.6 The Owner shall furnish such legal, accounting, and insurance coun
seling services as may be necessary for the Project, and such audit
ing services as he may require to ascertain how or for what purposes
the Contractor has used the moneys paid to him under the Construction
Contract.
2.7 The services, information, surveys and reports required by Para
graphs 2.3 through 2.6 inclusive shall be furnished at the Owner's
expense, and the Architect shall be entitled to rely upon the accuracy
and completeness thereof.
2.8 If the Owner becomes aware of any default or defect in the Project or
non-conformance with the Contract Documents, he shall give prompt
written notice thereof to the Architect.
2.9 The Owner shall furnish information required of him as expeditiously
as necessary for the orderly progress of the Work.
ARTICLE 3
CONSTRUCTION COST
3.1 If the Construction Cost is to be used as the basis for determining the
Architect's Compensation for Basic Services, it shall be the total cost
or estimated cost to the Owner of all Work designed or specified by the
Architect. The Construction Cost shall be determined as follows, with
precedence in the order listed:
3.1.1 For completed construction, the cost of all such Work, including costs
of managing construction;
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3.1.2 For Work not constructed, (1) the lowest bona fide bid received from
a qualified bidder for any or ail of such Work; or (2) if the Work is
not bid, the bona fide negotiated proposal submitted for any or all of
such Work; or
3.1.3 For Work for which no such bid or proposal is received, (1) the latest
Detailed Estimate of Construction Cost if one is available, or (2) the
latest Statement of Probable Construction Cost.
3.2 Construction Cost does not include the compensation of the Architect
and his consultants, the cost of the land, rights-of-way, or other costs
which are the responsibility of the Owner as provided in Paragraphs
2 .3 through 2.6 inclusive.
3.3 The cost of labor, materials and equipment furnished by the Owner for
the Project shall be included in the Construction Cost at current market
rates including a reasonable allowance for overhead and profit.
3.4 Statement of Probable Construction Cost and Detailed Cost Estimates
prepared by the Architect represent his best judgment as a design
professional familiar with the construction industry. It is recognized,
however, that neither the Architect nor the Owner has any control over
the cost of labor, materials or equipment, over the contractors' methods
of determining bid prices, or over competitive bidding or market con
ditions. Accordingly, the Architect cannot and does not guarantee that
bids will not vary from any Statement of Probable Construction Cost or
other cost estimate prepared by him.
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3 .5 When a fixed limit of Construction Cost is established as a condition of
this Agreement, it shall oe in writing signed by the parties and shall
include a bidding contingency of ten percent unless another amount is
agreed upon in writing. When such a fixed limit is established, the
Architect shall be permitted to determine what materials, equipment,
component systems and types of construction are to be included in the
Contract Documents, and to make reasonable adjustments in the scope
of the Project to bring it within the fixed limit. The architect may also
include in the Contract Documents alternate bids to adjust the Construc
tion Cost to the fixed limit.
3.5.1 If the Bidding or Negotiating Phase has not commenced within six months
after the Architect submits the Construction Documents to the Owner,
any fixed limit of Construction Cost established as a condition of this
Agreement shall be adjusted to reflect any change in the general level
of prices which may have occurred in the construction industry for the
area in which the Project is located. The adjustment shall reflect changes
between the date of submission of the Construction Documents to the
Owner and the date on which proposals are sought.
3.5.2 When a fixed limit of Construction Cost, including the Bidding contin
gency (adjusted as provided in Subparagraph 3.5.1, if applicable),
is established as a condition of this Agreement and is exceeded by the
lowest bona fide bid or negotiated proposal, the Detailed Estimate of
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Construction Cost or the Statement of Probable Construction cost, the
Owner shall (1) give written approval of an increase in such fixed
limit, within a reasonable time, or (2) cooperate in revising the Pro
ject scope and quality as required to reduce the Probable Construction
Cost. In the case of (2) the Architect, without additional charge, shall
modify the Drawings and Specifications as necessary to bring the Con
struction Cost within the fixed limit. The providing of such service
shall be the limit of the Architect's responsibility in this regard, and
having done so, the Architect shall be entitled to compensation in accord
ance with this Agreement.
ARTICLE 4
DIRECT PERSONNEL EXPENSE
Direct Personnel Expense is defined as the salaries of professional,
technical and clerical employees engaged on the Project by the Architect,
and the cost of their mandatory and customary benefits such as statutory
employee benefits, insurance, sick leave, holidays, vacations, pensions
and similar benefits.
ARTICLE 5
REIMBURSABLE EXPENSES
5.1 Reimbursable Expenses are in addition to the Compensation for Basic
and Additional Services and include actual expenditures made by the
Architect, his employees, or his professional consultants in the interest
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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 reproductions, postage and handling of Drawings and Speci
fications excluding duplicate sets at the completion of each Phase for
the Owner's review and approval.
5.1.3 Expense of computer time when used in connection with Additional
Services.
ARTICLE 6
PAYMENTS TO THE ARCHITECT
6.1 Payments on account of the Architect's Basic Services shall be made as
follows:
6.1.1 Payments for Basic Services shall be made in proportion to services
performed so that the compensation at the completion of each Phase,
except when the compensation is on the basis of a Multiple of Direct
Personnel Expense, shall equal the following percentages of the total
Basic Compensation:
Schematic Design 15%
Design Development Phase 35%
Construction Documents Phase 75%
Bidding or Negotiation Phase 80%
Construction Phase 100%
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6.2 Payments for Additional Services of the Architect as defined in Para
graph 1.3, and for Reimbursable Expenses as defined in Article 5,
shall be made monthly upon presentation of the Architect's statement of
services rendered.
6*3 No deductions shall be made from the Architect's compensation on ac
count of penalty, liquidated damages, or other sums withheld from
payments to contractors.
6.4 If the Project is abandoned in whole or in part, the Architect shall be
paid his compensation for services performed prior to receipt of written
notice from the Owner of such suspension or abandonment, together
with Reimbursable Expenses then due and all termination expenses as
defined in Paragraph 8.3 resulting from such suspension or abandon
ment.
6.5 Payments due the Architect under this Agreement shall bear interest at
the legal rate commencing sixty days after the date of billing.
ARTICLE 7
ARCHITECT'S ACCOUNTING RECORDS
Records of Reimbursable Expenses and expenses pertaining to Addi
tional Services on the Project and for services performed on the basis
of a Multiple of Direct Personnel Expense shall be kept on a generally
recognized accounting basis and shall be available to the Owner or
his authorized representative at mutually convenient times.
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ARTICLE _8
TERMINATION OF AGREEMENT
8 • 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.
8.2 In the event of termination due to the fault of parties other than the
Architect, the Architect shall be paid his compensation for services
performed to termination date, including Reimbursable Expenses then
due and all termination expenses.
8. 3 Termination Expenses are defined as Reimbursable Expenses directly
attributable to termination, plus an amount computed as a percentage
of the total compensation earned to the time of termination, as follows:
20 percent if termination occurs during the Schematic
Design Phase; or
10 percent if termination occurs during the Design De
velopment Phase; or
5 percent if termination occurs during any subsequent
phase.
ARTICLE 9
OWNERSHIP OF DOCUMENTS
Drawings and Specifications as instruments of service are and shall
remain the property of the Architect whether the Project for which they
are made is executed or not. They are not to be used by the Owner
on
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other projects or extensions to this Project except by agreement in
writing and with appropriate compensation to the Architect.
ARTICLE 10
SUCCESSORS AND ASSIGNS
The Owner and the Architect each binds himself, his partners,
successors, assigns and legal representatives to the other party to
this Agreement and to the partners, successors, assigns and legal
representatives of such other party with respect to all covenants of
this Agreement. Neither the Owner nor the Architect shall assign,
sublet or transfer his interest in this Agreement without the written
consent of the other.
ARTICLE 11
ARBITRATION
11.1 All claims, disputes and other matters in question between the parties
to this Agreement, arising out of, or relating to this Agreement or the
breach thereof, shall be decided by arbitration m 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 addi
tional party not a party to this Agreement except by written
consent
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containing a specific reference to this Agreement and signed by all
the partxes hereto. Any consent to arbitration involving an addi
tional party or parties shall not constitute consent to arbitration of
any dispute not described therein or with any party not named or
described therein. This Agreement to arbitrate and any agreement
to arbitrate with an additional party or parties duly consented to by
the parties hereto shall be specifically enforceable under the pre-vailing
arbitration law.
11.2 Notice of the demand for arbitration shall be filed in writing with
the other party to this Agreement and with the American Arbitra
tion Association. The demand shall be made within a reasonable time
after the claim, dispute or other matter in question has arisen. In
no event shall the demand for arbitration be made after the date
when institution of legal or equitable proceedings based on such claim,
dispute or other matter in question would be barred by the applicable
statute of limitations.
11.3 The award rendered by the arbitrators shall be final, and j udgment
may be entered upon it in accordance with applicable law in any court
having jurisdiction thereof.
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ARTICLE 12
EXTENT OF AGREEMENT
This Agreement represents the entire and integrated agreement
between the Owner and the Architect and supersedes all prior
negotiations, representations or agreements, either written or
oral. This Agreement may be amended only by written instrument
signed by both Owner and Architect.
ARTICLE 13
GOVERNING LAW
Unless otherwise specified, this Agreement shall be governed by
the law of the principal place of business of the Architect.
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NUMBER OR COUNTERPART COPIES
This Contract is executed in four counterparts.
IN WITNESS WHEREOF the parties hereto have made and executed this
Agreement, the day and year first above written.
BOARD OF REGENTS
STEPHEN F. AUSTIN STATE UNIVERSITY
ATTEST:
Secretary
President of the Board
KENT, MARSELLOS AND SCOTT
ARCHITECTS -ENGINEERS
/ t
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74-203
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48
49
2.
CONTRACT
THE STATE OF TEXAS
KNOW ALL MEN BY THESE PRESENTS
COUNTY OF NACOGDOCHES •
THIS AGREEMENT, made this the Twelfth day of September,
Nineteen Hundred and Seventy-five by and between the BOARD OF REGENTS,
SJEPHENF, AUSTIN SJ^T^ m^IVERSITY, NACOGDOCHES, TEXAS, acting
herein through its President, hereinafter called "Owner" and R. G. MUCKLEROY JR. ,
CONTRACTOR, NACOGDOCHES, TEXAS hereinafter called "Contractor".
WITNESSETH, that the Contractor and the Owner for the con
siderations hereinafter named agree as follows:
1 • The Contractor agrees to provide all of the materials, furnish the
labor, and do all things necessary to complete fully all of the work
shown on the Drawings and described in the Specifications entitled
FLAGPOLE, STEPHEN F. AUSTIN STATE UNIVERSITY
prepared by Kent-Marsellos-Scott, Architects-Engineers,
Lufkin, Texas acting as and in these Contract Documents entitled the
Architect; and shall do everything required by this Agreement, the
"General Conditions" of the Contract, the Drawings and the Specifications.
The "General Conditions" of the Contract, the "Supplementary Conditions",
the Drawings and the Specifications, together with this Agreement,
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form the Contract, and they are as fully a part of the Contract as
if hereto attached or herein repeated. The following is an enum
eration of the Specifications and Drawings:
Drawings and Specifications entitled FLAGPOLE, STEPHEN F. AUSTIN
STATE UNIVERSITY, NACOGDOCHES, TEXAS,
sheet and section numbers as listed in Paragraph 1.1 of "Supplementary
Conditions"; and the following:
Addendum No. 1 - Page 1, dated September 2, 1975
1. This Contract is to cover the General Contract Work, and
Plumbing Work, complete. The said Drawings, and each and all
of said Specifications and "General Conditions" are made a 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.
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2. 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
Specifications shall be considered as final.
3. The work to be performed under this Contract shall be commenced
on or before a date to be specified in a written "Work Order", and
shall be fully completed within 60 consecutive calendar days
thereafter. The Contractor further agrees to pay as liquidated
damages the sum of $25.00 per day for each consecutive calendar
day thereafter the work remains unfinished as specified in Paragraph
1.28 of "Supplementary Conditions" and in Proposal.
4. The Owner shall pay the Contractor for the performance of the
Contract, subject to additions and deductions provided herein,
the sum of FIVE THOUSAND FOUR HUNDRED THIRTY-FOUR AND
NO/100 DOLLARS ($5,434.00)
out of Funds available to the Owner for expenditure
for the use and benefit of Stephen F. Austin State University from
Property Surplus Funds and other funds available to the Owner
for expenditure for the use of Stephen F. Austin State University.
The basis of the above contract price is as follows:
Base Bid - $5,434.00
30-51
52
The Owner shall make payments on account of the Contract as
provided therein as follows: On or about the fifteenth of each month
ninety percent (90%) of the value, based on the Contract Price of
labor and materials incorporated in the work and of materials
suitably stored at the site thereof up to th, first day of that month,
as estimated by the Architect, less the aggregate of previous
payments; and upon substantial completion of the entire work,
a sum sufficient to increase the total payments to ninety percent
(90%) of the Contract Price provided satisfactory evidence is
furnished that all payrolls, material bills and other indebtedness
connected with the work have been paid. The Owner at any time
after 50% of the work has been completed, if it finds that satis
factory progress is being made, may make any of the remaining
progress payments in full. Final payment shall be due thirty days
after substantial completion of the work provided the work be then
fully completed and the Contract fully performed. Upon receipt of
written notice that the work is ready for final inspection and accept
ance, the Architect shall promptly make such inspection, and when
he finds the work acceptable under the Contract and the Contract
fully performed he shall promptly issue a Final Certificate, over
his own signature, stating that the work provided for in this Contract
30-52
53
has been completed and is acceptable to him under the terms and
conditions thereof, and that the entire balance found to be due the
Contractor, and noted in the Final Certificate is due and payable.
Before issuance of Final Certificate the Contractor shall submit
evidence satisfactory to the Architect that all payrolls, material
bills and other indebtedness connected with the work have been paid.
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 re
pay 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.
30-53
54
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.
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 Auto-mobiIe
Liability Insurance: In an amount not less than
$300,000.00 for injuries, including personal injury or
accidental death
30-54
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
"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
Conditions11. 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
$300,000.00 (each person)
$500,000.0.0 (each occurrence)
2. Property Damage
$100,000.00 (each occurrence)
$300,000.00 Aggregate
e) Completed Operations: Continue coverage in force for
one year after completion of work.
30-55
56
f) Before commencement of operations hereunder, Con
tractor shall furnish to the Architect, photostat! c 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: Delete Paragraph 11.3 of General Conditions.
The work is entirely at the Contractor's risk until it is accepted by the
Owner, and the Contractor will be held liable for it's safety to the amount
of money paid by the Owner on account of same. The Contractor may
protect himself with Builder's Risk Insurance at his option.
8. 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 whatsoever.
For purposes of complying with the State of Texas Sales Tax,
the following is a division between labor and materials:
Labor 2 7 6" 3, &c'
Materials -j l ij t . CO
Total $ 5,434.00
30-56
57
IN WITNESS WHEREOF, the parties of these presents have
ecuted this Contract in four (4) counterparts, each of which shall be deemed
an original in the year and day first above mentioned.
ex~
SEAL
BOARD OF REGENTS
STEPHEN F . AUSTIN STATE UNIVERSITY
By //l/MA i£ 7 / 0 P fl
SEAL
R. G. MUCKLEROY, JR., CONTRACTOR
P.O. Drawer 1401 ~~ ~~
Nacogdoches, Texas 75961
Address
READ AND EXAMINE
Secretary
(1)
(2)
(3)
Board of Regents, Stephen F. Austin State University
Corporation name of Owner
Title of authorized official
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.
30-57
58
~^iE23M£M£R bond
\To Oi- usca ;.n Texas as required by Chapter 93 of
the Kegui,,r Session of the 56th Legislature of Texas)
THE STATE OF TEXAS
COUNTY OF NACOGDOCHES
KNOW ALL MEN BY THESE PRESENTS: That we (i)
of (2) -;. C. ..L^i-..:-, j,.. ;y.N- c-v . . ,
— ;—; -_■--■■..v^v.... h e rein alt er called
Principal and (3) z^^^^^,^;, Co;,^ir, of
State of
hereinafter called the Surety, are held and firmly bound xnto (4)
£OARD_OF_REG^
hereinafter called Owner, in the penal sum of
-.'IVC
DOLLARS ($ V-O4.0G n ■ ,
——■ — ) > iri lawful money of the United
States, to be paid in (5) ^ISS^oche^Cc^int^^
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)
the Owner, dated the __i£!i__day of _^fi*^; , A. D.,
1*lL-' » copy of which is aitached hereto and made a part hereof
for the construction of::
30-58
59
(Herein called the "Work").
NOW, THEREFORE, if the Principal shall well, truly and
faithfully perform the work in accordance with the Plans, Specifications
and Contract Documents during the original term thereof, and any ex
tensions thereof which may be granted by the Owner, with or without
notice to the Surety, and, if he shall satisfy all claims and demands
incurred under such Contract, and shall fully indemnify and save
harmless the Owner from all costs and damages which it may suffer by
reason of failure to do so, and shall reimburse and repay the Owner
all outlay and expense which the Owner may incur in making good any
default, then this obligation shall be void; otherwise to remain in full
force and effect.
NOW, THEREFORE, if the Principal shall repair any and
all defects in said work occasioned by and resulting from defects in
materials furnished by, or workmanship of the Principal in performing
the work covered by said Contract, occurring within a period of two
(2) years from the date of the Contract Completion Certificate, then
this obligation shall be null and void, otherwise to remain in full
force and effect.
PROVIDED FURTHER, That if any legal action be filed upon
this bond venue shall lie in Nacogdoches
County, State of Texas and that the said Surety, for value received
hereby stipulates and agrees that no change, extension of time,
alteration or addition to the terms of the Contract or to the work to
be performed thereunder or the Specifications accompanying the same
shall in any wise affect its obligation of this bond, and it does hereby
waive notice of any such change, extension of time, alteration or addi
tion to the terms of the Contract or to the work or to the Specifications .
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, 1959, and all liabilities
on this bond shall be determined in accordance with the provisions of
said Article to the same extent as if it were copied at length.
30-59
60
IN WITNESS WHEREOF, this instrument is executed in four
counterparts, each one of which shall be deemed an original, this
the
jday of
ATTEST:
SEAL
Principal
(\3
(Principal) Secretary
A.D., 19
- oro\ , Jr» * Contractor
Witness as to Principal
(Address)
ATTEST:
(bursty) Secretary
i'idolitv and JC;:)osit Co, of Maryland
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.
30-66
Power of Attorney
FIDELITY AND DEPOSIT COMPANY OF MARYLAND 61
HOME OFFICE-i BALTIMORE, MD.
Know All Men By These Presets: That the Fidelity and Deposit Company of Maryi. \nd a corpon
tion of the State of Maryland, by JOHN C. GARDNER , Vice-President. and C . Mo PECOT, JR
Assistant Secretary, in pursuance of authority granted by Article VI, Section 2, of the By-Laws of said Com
pany, which reads as follows:
any one of the Executive Vice-Presidents, or any one of the additional Vice-Presidents specially authorized
of Directors or by the Executive Committee, shall have power, bv and with the co.icurr c h W
II.i FacMsTe busine> saucs,..^«-To.,*«. S&eccrreewtrariieess', ttoo. Waon"oi'nt ^Resi^dent VViir«e--PPre^sWieHpanUtQ, RWe^s.iVd^ennft WA..a;,,*n-.,t.,- we'^.^.Sl.- aud_, A\.t r,,ov I
in-J-act as the business of the Company may require, or to authorize any person or persons to execute on behalf of the Connnv™
does hereby nominate, constitute and appoint Lewis T
rurand lawful agent and Attorney-in-Fact, to make, execute, seal and deliver, for, and on its behalf as
surety, and as its act and deed: any and all bonds and undertakings, each in a penalty
not to exceed the sum of ONE HUNDRED THOUSAND DOLLARS ($100,000)...EXCEPT bonds
on behalf of Independent Executors, Community Survivors and Community Guardians.
Ana me execution of such bonds or undertakings in pursuance of these presents, shall be as binding upon said
Company, as fully and amply, to all intents and purposes, as if they had been duly executed and acknowledged
by the regularly elected officers of the Company at its office in Baltimore, Md., in their own proper persons
said ?tmptyASatdln nowin'force.06' ^^ ^^ that the af°reg°ing is a tfUe C°Py °f Artide VI- Sectio" 2- °f ** By-Laws of
In Witness Whereof, the said Vice-President and Assistant Secretary have hereunto subscribed
their names and affixed the Corporate Seal of the said Fidelity and Deposit Company of Maryland, this
*2-fch day of Ja.na.uEy. _ ^ rj> 19 73
Attest: FIDELITY AND DEPOSIT COMPANY OF MARYLAND
(Signed)
••■• ■ C.o..H....P£C0.X,...J.R. By JQHN...C....GARI)MR
(bEAL) Assistant Secretary Vice-President
State of Maryland \
City of Baltimore / ss:
Maryland1 In l^for the Chi of RilJi^^H^ ' ' -^ l9P vk ^fore thet. subscriber- a Notary Public of the State of
Secr^'a^
sevaerairy a^facMor hiStefn^
first iboSwritten. WHERE0F' l ^^ hereUnt° SCt my hSnd and affiXed my °fficial &al- at the C[i? of Baltim^, the day and year
(SlGNED) .G.LQ.RIA...J.....COLEMAN
^SeaL^ Notary Public Commission Expires.J.uly...l.>...13.74
CERTIFICATE
I, the undersigned, Assistant Secretary of the Fidelity and Deposit Company of Maryland do hereby certify thit th,. ,-,ricr; ni
Power of Attorney of which the foregoing is a full, true and correct copy, is in full force and effect on the datfofths certificate ifnd
dp further certify that the Vice-Pres.dent who executed the said Power of Attorney was one of the addition tlVke-PresSen'ts si
cally authorized by the Board of D.^ors to appomt any Attorney-in-Fact as provided in Article VI, Sector, 2 of the g-Lavvfof
' OF
: under and by authority of the following resolution of the Board of Directors of the
D at a meeting duly called and held on the 16th day of July, 1969.
... _i 1 • i • « j~t ' '— —r" rrww*" ***o >-«^v** <-» ^vi huv,j copy ot any oower of attornev ismipH hv t"IiA r*Amnonir oV»^n i^ valid and binding upon the Company with the same force and effect as though manually affixed l!^ Company, shall be
In Testimony Whereof, I have hereunto subscribed my name and affixed the corporate seal of the said Company, this
,....day of t 19
30-61
LU19—Ctf.
A ssistant/Secretary J
PAYMENT BOND
(To be used in Texas as required by Chapter 93 of
the Regular Session of the 56th Legislature of Texas)
THE STATE CF
COUNTY OF
TEXAS
NACQGDCCI-IES
an(2)
of
KNCW ALL MEN SY THESE PRESENTS: That we
■■
Indiviciua.1
w) fidelity £■
State of Maryland
^hereinafter caLled Principal and
CoLrpany of
hereinafter called the Surety,
are held and firmly bound unto (4) "CARD OF 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
of
.PIV3: THOUSAND 7QUH IIUK,).^ IHI^Y-POlflv AN J 00/100 DOLLAR
_DOLLARS
in lawful money of the United States, to be paid in (5)__
NACOGDQCHES COriMTV tvv/>c , frl_
— —■ Y> ^>-A5_, for the payment of which sum
well and truly to be made, we bind ourselves, our heirs,
executors, administrators and 8Uccessors, 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)__B0ARD_QF REGENTS, STEPHEN F. AUSTIN STATE
f the Owner,
62
30-62
63
dated tke2lIL±hljlay of
copy of which is hereto attached and made
a part hereof for the
such that irNthrpTKERET°u E> *C C°ndUiOn Of this oblation such that, if the Principal shall promptly make payment to all is
materials in the prosecution of The wo'r "ptoviZ" o7
provide in Article 5160, Revised Civil Statutes,
" ?tuse Bm 344 a ^
f > h PR°VIDED FURTHER, that if any legal action be
filed upon tin. bond, venue shall lie in ^acj^ches County
S^2
,he K^^rC^,
of any beneficiary hereunder, whose claim may bfunsatisfed.
30-63
64
IN WITNESS WHEREOF, this instrument is executed in four
counterparts, each one of which shall be deemed an original, this
the
Twelfth day of
ATTEST:
A.D., 19
a. fi, l-iu'CiLLiCl-Y, J... CONTHACTG
(Principal) Secretary
BY ii. G. iMUCKLKiOY,
SEAL
Witness as to Princinal
(Address)
ATTEST:
(Surety) Secretary
fidelity L Deposit Company of HaryIano
Sure!
BY Lev;is T* /SI
Attorney-m^
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.
30-64
Power of Attorney
FIDELITY AND DEPOSIT COMPANY OF MARYLAND 65
HOME OFFICE BALTIMORE, MD.
Know All Men By These Presents; That the Fidelity and Deposit Company of Maryi *nd a corpora
tion of the State of Maryland, by JOHN C8 GARDNER , Vice-President, and C. M. PECOT, JR
Assistant Secretary, in pursuance of authority granted by Article VI, Section 2, of the By-Laws of'said Com
pany, which reads as follows:
sggS^pS£
does hereby nominate, constitute and appoint Lewis T. Riecks of Nacogdoches, Texas
i true and lawful agent and Attorney-in-Fact, to make, execute, seal and deliver, for and on its behalf as
surety, and as its act and deed: any and all bonds and undertakings, each in a penalty
not to exceed the sum of ONE HUNDRED THOUSAND DOLLARS ($100,000) EXCEPT bonds
on behalf of Independent Executors, Community Survivors and Community Guardians.
Ana tne execution oi such bonds or undertakings in pursuance of these presents, shall be as binding upon said
Company, as fully and amply, to all intents and purposes, as if they had been duly executed and acknowledged
by the regularly elected officers of the Company at its office in Baltimore, Md., in their own proper persons
said no^Tniorce.065 af°reg°ing is * trUe CO^ of Article VI, Section 2, of the By-Laws of
In Witness Whereof the said Vice-President and Assistant Secretary have hereunto subscribed
their names and affixed the Corporate Seal of the said Fidelity and Deposit Company of Maryland, this
12-th day of Ja.na.u.r.y. ( a.D. 19..7.3...
ATTEST: FIDELITY AND DEPOSIT COMPANY OF MARYLAND
(Signed)
■/oT;T C.....M. PEC0X JR. By -J0HN...C....GARJ)N£R....
(.seal; Assistant Secretary T/- D .,'"".
State of Maryland \. Vice-President
City of Baltimore / ss'
On this 12th dav of Tantiarv a r> m73 u r .• ,
In Testimony Whereof, I have hereunto set
first above written.
(Signed)
(Seal)
ny Official Seal, at the City of Baltimore, the day and year
- GXQRIA...J.....COLEMAN.;
Notary Public Commission Expires.Jjily..X,...13.Z4
CERTIFICATE
owiS^
do further certify that the Vice-President vho^^t^^dP^^A^J^^^?^^ °f this certificate; and I
^IE^ Directors of the
valid and binding upon the Compan7wlthPethenslmeOforceCantd effect^ thoughPmirualfly"ffixnedy''SSUed by ^ Company' sha11 be
In Testimony Whereof, 1 have hereunto subscribed my name and affixed the corporate sea. of the said Company, this
day of 19
LH19—Ctf.
30-65 Assistant Secretary (
ZERTSFICATE OF
NSURANCE
MA DOCUMENT G705
66
•his certifies to the Addressee shown below that the following described policies, subject to their terms, conditions and
.occlusions, have been issued to: 350? Raouet
>IAME & ADDRESS OF INSURED -• G. MUCKLEKOY, JiU CONTRACTOR Nacogdoches, Tx. 75961
COVERING (SHOW PROJECT NAME '
*ND/OR NUMBER AND LOCATION) 3606-Project Number
\ddressee:
Dwner)
Kent, Marsellos & Scott
I 404 Perry Building
Lufkin, Texas 75901 and
~1
Stephen F« Austin State University
Nacogdoches, Texas 75961 |
September 12, 1975
Date
KIND OF INSURANCE
(a) Workmen's Comp.
(b) Employers' Liability
POLICY NUMBER
C792O98
Inception/Expiration Date
7/V75-76
LIMITS OF LIABILITY
IllllllllllllfStatutoxy Workmen's Compensation
One Accident d Ai Dis
^omprenensive
General Liability
(a) Bodily Injury GL1458891
RU23436G
7/1/75-76
6/11/75-76
1 ,300 ooffach Occurrence—Premises and Operations
Each Occurrence—Independent Contractors
Farh ncrurrf*nr& COMPLETED OPERATIONS
cacn uccurrence—and products
Each Occurrence—Contractual
(b) Personal Injury
COMPLETED OPERATIONS
— AND PRODUCTS
Each Person Aggregate
General Aggregate
1 . inn norfach Occurrence—Premises—Operations
(c) Property Damage 7/1/75-76
6/II/75-76
Each Occurrence- INDEPENDENT
"CONTRACTOR
». Comprehensive
Automobile Liability
(a) Bodily Injury
(b) Property Damage
*. (Other)
1 inn nnff.ach Occurrence- COMPLETED OPERATIONS
"AND PRODUCTS
Each Occurrence—Contractual
Aggregate
I'. 1 nn . fwARgregate-
Applied Tor
$ 100,000 Each Person—
$ 300 000 Each Occurrence—
25 . 000 Occurrence—
UNDER GENERAL LIABILITY POLICY OR POLICIES Yes
i. Does Property Damage Liability Insurance shown include coverage for XC and U hazards? . . . X
Is Occurrence Basis Coverage provided under Property Damage Liability? X
No
Is Broad Form Property Damage Coverage provided for this Project? 2L
Does Personal Injury Liability Insurance include coverage for personal injury sustained by any per
son as a result of an offense directly or indirectly related to the employment of such person by the
Insured? 7
Is coverage provided for Contractual Liability (including indemnification'provision) assumed'by"
Insured?
JNDER AUTOMOBILE LIABILITY POLICY OR POLICIES
. Does coverage above apply to non-owned and hired automobiles? X_
:. Is Occurrence Basis Coverage provided under Property Damage Liability?
,,
JF2—
ancellation or non-renewal ^1"
n the event of cancellation or non-renewal of any of the#2-
jregomg, fifteen (15) days written notice shall be given to
oe party to whom this certificate is addressed. J
XTENT OF CERTIFICATION
his certificate is issued as a matter of information only and
onfers no rights upon the holder. By its issuance the corn-any
does not alter, change, modify or extend any of the
rovisions of the above policies.
The Ohio Casualty Insurance Company
%,n9Qr Incuranco Comi
B8$*2i$& INSURANCE COM?
and
any fSXJR^CE COMPANY'r-i 6350 LBJ Freeway Wa
Dallas, T:exas "$240
Suite 20-
/'
SIGNATURE OF AUTrfoRlJTED REPRESENTATI
• CERTIFICATE OF INSURANCE • FEBRUARY 1973 EDITION • AlA® • r?SiQ77
"HE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE NW, WASHINGTON D.C.S
IVE
ONE PAGE
30-66
67
74-204
Upon motion of Regent Gray, seconded bv
Perkins with all mem
30-67
68
CONTRACT FOR ARCHITECTURAL SERVICES
CITY OF NACOGDOCHES
THE STATE OF TEXAS
COUNTY OF NACOGDOCHES
THIS AGREEMENT made as of the twenty second day of September in
the year Nineteen Hundred and Seventy Five and between the BOARD OF
REGENTS STEPHEN F, AUSTIN STATE UNIVERSITY, NACOGDOCHES,
TEXAS acting herein by and through its President, hereinafter called the Owner,
andKENT-MARSELLOS-SCOTT, ARCHITECTS-ENGINEERS, Lufkin, Texas
hereinafter called the Architect.
WITNESSETH, whereas the Owner intends to erect on the campus of
Stephen F. Austin State University, Nacogdoches, Texas, FLAGPOLE
STEPHEN F. AUSTIN STATE UNIVERSITY hereinafter called the Project.
NOW, THEREFORE, the Owner and the Architect for the considerations
hereinafter set forth agree as follows:
I. The Architect shall provide professional services for the Project in
accordance with the Terms and Conditions of this Agreement.
II. The Owner shall compensate the Architect in accordance with the
Terms and Conditions of this Agreement as follows:
a) For the Architect's Basic Services, as described in Para
graph 1.1; Seven and One Half Per Cent (7.5%) for
the project construction cost; hereinafter referred to as the
Basic Rate; and such
30-68
69
in
other payments and reimbursements as may hereinafter
be provided, but all such payments and every payment
herein provided shall be from Property Surplus Funds
and other funds available to the Owner for expenditure
for the use of Stephen F. Austin State University.
b) For the Architect's Additional Services as described i
Paragraph 1.3 Compensation for Principals, employees,
and consultants time as agreed upon between the Owner
and the Architect.
c) For the Architect's Reimbursable Expenses, amounts
expended as defined in Article 5.
HI. The Architect and the Owner further agree to the following Terms
and Conditions:
ARTICLE 1
ARCHITECT'S SERVICES
1 • 1 BASIC SERVICES
The Architect's Basic Services consist of the five phases described
below and include normal structural, mechanical and electrical engi
neering services and any other services included in Article 14 as
Basic Services.
30-69
70
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 confirm such re
quirements to the Owner.
1.1.2 Based on the mutually agreed upon program, the Architect shall pre
pare Schematic Design Studies consisting of drawings and other docu
ments illustrating the scale and relationship of Project components for
approval by the Owner.
1.1.3 The Architect shall submit to the Owner a Statement of Probable Con
struction Cost based on current area, volume or other unit costs.
DESIGN DEVELOPMENT PHASE
1.1.4 The Architect shall prepare from the approved Schematic Design Studies,
for approval by the Owner, the Design Development Documents consist
ing of drawings and other documents to fix and describe the size and
character of the entire Project as to structural, mechanical and electri
cal systems, materials and such other essentials as may be appropriate.
1.1.5 The Architect shall submit to the Owner a further Statement of Prob
able Construction Cost.
CONSTRUCTION DOCUMENTS PHASE
1.1.6 The Architect shall prepare from the approved Design Development
Documents, for approval by the Owner, Drawings and Specifications
setting forth in detail the requirements for the construction of the
30-70
71
entire Project including the necessary bidding information, and shall
assist in the preparation of bidding forms, the Conditions of the Con
tract, and the form of Agreement between the Owner and the Contractor,
1.1.7 The Architect shall advise the Owner of any adjustments to previous
Statements of Probable Construction Cost indicated by changes in re
quirements or general market conditions.
1.1.8 The Architect shall assist the Owner in filing the required documents
for the approval of governmental authorities having jurisdiction over
the Project.
BIDDING OR NEGOTIATION PHASE
1.1.9 The Architect, following the Owner's approval of the Construction
Documents and of the latest Statement of Probable Construction Cost,
shall assist the Owner in obtaining bids or negotiated proposals, and
in awarding and preparing construction contracts.
CONSTRUCTION PHASE - ADMINISTRATION OF THE CONSTRUCTION CONTRACT
1.1.10 The Construction Phase will commence with the award of the Construc
tion Contract and will terminate when the final Certificate for Payment
is issued to the Owner.
1.1.11 The Architect shall provide Administration of the Construction Con
tract as set forth in AIA Document A201, General Conditions of the
Contract for Construction, and the extent of his duties and respon
sibilities and the limitations of his authority as assigned thereunder
shall not be modified without his written consent.
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1.1.12 The Architect, as the representative of the Owner during the Con
struction phase> shall advise and consult with the Owner and all of
the Owner's instructions to the Contractor shall be issued through
Architect. The Architect shall have authority to act on behalf of the
Owner to the extent provided in the General Conditions unless other
wise modified in writing.
1.1.13 The Architect shall at all times have access to the Work wherever it is
in preparation or progress.
1.1.14 The Architect shall make periodic visits to the site to familiarize him
self generally with the progress and quality of the Work and to deter
mine in general if the Work is proceeding in accordance with the Con
tract Documents. On the basis of his on-site observations as an
architect, he shall endeavor to guard the Owner against defects and
deficiencies in the Work of the Contractor. The Architect shall not be
required to make exhaustive or continuous on-site inspections to check
the quality or quantity of the Work. The Architect shall not be respon
sible for construction means, methods, techniques, sequences or pro
cedures, or for safety precautions and programs in connection with the
Work, and he shall not be responsible for the Contractor's failure to
carry out the Work in accordance with the Contract Documents.
1.1.15 Based on such observations at the site and on the Contractor's Appli
cations for Payment, the Architect shall determine the amount owing to
the Contractor and shall issue Certificates for Payment in such amounts
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The issuance of a Certificate for Payment shall constitute a representa
tion by the Architect to the Owner, based on the Architect's observations
at the site as provided in Subparagraph 1.1.14 and the data comprising
the Application for Payment, that the Work has progressed to the point
indicated; that to the best of the Architect's knowledge, information
and belief, the quality of the Work is in accordance with the Contract
Documents (subject to an evaluation of the Work for conformance with the
Contract Documents upon Substantial Completion, to the results of any
subsequent tests required by the Contract Documents, to minor devia
tions from the Contract Documents correctable prior to completion, and
to any specific qualifications stated in the Certificate for Payment); and
that the Contractor is entitled to payment in the amount certified. By
issuing a Certificate for Payment, the Architect shall not be deemed to
represent that he has made any examination to ascertain how and for what
purpose the Contractor has used the moneys paid on account of the Con
tract Sum.
1.1.16 The Architect shall be, in the first instance, the interpreter of the re
quirements of the Contract Documents and the impartial judge of the per
formance thereunder by both the Owner and Contractor. The Architect
shall make decisions on all claims of the Owner or Contractor relating
to the execution and progress of the Work and on all other matters or
questions related thereto. The Architect's decisions in matters relating
to artistic effect shall be final if consistent with the intent of the Con
tract Documents. '
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1.1.17 The Architect shall have authority to reject Work which does not con
form to the Contract Documents. Whenever, in his reasonable opinion,
he considers it necessary or advisable to insure the proper implemen
tation of the intent of the Contract Documents, he will have authority
to require special inspection or testing of any Work in accordance with
the provisions of the Contract Documents whether or not such Work be
then fabricated, installed or completed.
1.1.18 The Architect shall review and approve shop drawings, samples, and
other submission of the Contractor only for conformance with the design
concept of the Project and for compliance with the information given in
the Contract Documents.
1.1.19 The Architect shall prepare Change Orders.
1.1.20 The Architect shall conduct inspections to determine the Dates of Sub
stantial Completion and final completion, shall receive and review
written guarantees and related documents assembled by the Contractor,
and shall issue a final Certificate for Payment.
1.1.21 The Architect shall not be responsible for the acts or omissions of the
Contractor, or any Subcontractors, or any of the Contractor's or Sub
contractors1 agents or employees, or any other persons performing any
of the Work.
1.2 PROJECT REPRESENTATION BEYOND BASIC SERVICES
1.2.1 If more extensive representation at the site than is described under Sub-paragraphs
1.1.10 through 1.1.21 inclusive is required, and if the
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Owner and Architect agree, the Architect shall provide one or more
Full-Time Project Representatives to assist the Architect.
1.2.2 Such Full-Time Project Representatives shall be selected, employed
and directed by the Architect, and the Architect shall be compensated
therefor as mutually agreed between the Owner and the Architect as
set forth in an exhibit appended to this Agreement.
1.2.3 The duties, responsibilities and limitations of authority of such Full-
Time Project Representatives shall be set forth in an exhibit appended
to this Agreement.
1.2.4 Through the on-site observations by Full-Time Project Representativ
es of the Work in progress, the Architect shall endeavor to provide
further protection for the Owner against defects in the Work, but the
furnishing of such project representation shall not make the Architect
responsible for construction means, methods, techniques, sequences
or procedures, or for safety precautions and programs, or for the
Contractor's failure to perform the Work in accordance with the Con
tract Documents.
1. 3 ADDITIONAL SERVICES
The following Services shall be provided when authorized in writing
by the Owner, and they shall be paid for by the Owner as hereinbefore
provided.
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1.3.1 Providing analyses of the Owner's needs, and programming the re
quirements of the Project.
1.3.2 Providing financial feasibility or other special studies.
1.3.3 Providing planning surveys, site evaluations, environmental studies
or comparative studies of prospective sites.
1.3.4 Providing design services relative to future facilities, systems and
equipment which are not intended to be constructed as part of the
Project.
1.3.5 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.
1.3.6 Providing Detailed Estimates of Construction Cost or detailed quantity
surveys or inventories of material, equipment and labor.
1.3.7 Providing services for planning tenant or rental spaces.
1.3.8 Making revisions in Drawings, Specifications or other documents
when such revisions are inconsistent with written approvals or in
structions previously given and are due to causes beyond the control
of the Architect.
1.3.9 Making investigations involving detailed appraisals and valuations of
existing facilities, and surveys or inventories required in connection
with construction performed by the Owner.
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1.3.10 Providing consultation concerning replacement of any Work damaged
by fire or other cause during construction, and furnishing profess
ional services of the type set forth in Paragraph 1.1 as may be required
in connection with the replacement of such Work.
1.3.11 Providing professional services made necessary by the default of the
Contractor or by major defects in the Work of the Contractor in the
performance of the Construction Contract.
1.3 .12 Providing extensive assistance in the utilization of any equipment or
system such as initial start-up or testing, adjusting and balancing,
preparation of operation and maintenance manuals, training personnel
for operation and maintenance, and consultation during operation.
1.3.13 Preparing to serve or serving as an expert witness in connection with
any public hearing, arbitration proceeding or legal proceeding.
1.3.14 Providing services of professional consultants for other than the
normal structural, mechanical and electrical engineering services for
the Project.
1.3.15 Providing any other services not otherwise included in this Agree
ment or not customarily furnished in accordance with generally accept
ed architectural practice.
ARTICLE 2
THE OWNER'S RESPONSIBILITIES
2.1 The Owner shall provide full information, including a complete pro
gram, regarding his requirements for the Project.
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2.2 The Owner shall designate, when necessary, a representative author
ized to act in his behalf with respect to the Project. The Owner shall
examine documents submitted by the Architect and shall render de
cisions pertaining thereto promptly, to avoid unreasonable delay in
the progress of the Architect's services.
2 .3 The Owner shall furnish a certified land survey of the site giving, as
applicable, grades and lines of streets, alleys, pavements and adjoin
ing property; rights-of-way, restrictions, easements, encroachments,
zoning, deed restrictions, boundaries and contours of the site; locations,
dimensions and complete data pertaining to existing buildings, other
improvements and trees; and full information concerning available
service and utility lines both public and private, above and below
grade, including inverts and depths.
2.4 The Owner shall furnish the services of a soils engineer or other con
sultant when such services are deemed necessary by the Architect, in
cluding reports, test borings, test pits, soil bearing values, percola
tion tests, air and water pollution tests, ground corrosion and resistiv
ity tests and other necessary operations for determining subsoil, air
and water conditions, with appropriate professional recommendations.
2.5 The Owner shall furnish structural, mechanical, chemical and other
laboratory tests, inspections and reports as required by law or the
Contract Documents.
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2.6 The Owner shall furnish such legal, accounting, and insurance coun
seling services as may be necessary for the Project, and such audit
ing services as he may require to ascertain how or for what purposes
the Contractor has used the moneys paid to him under the Construction
Contract.
2.7 The services, information, surveys and reports required by Para
graphs 2.3 through 2.6 inclusive shall be furnished at the Owner's
expense, and the Architect shall be entitled to rely upon the accuracy
and completeness thereof.
2.8 If the Owner becomes aware of any default or defect in the Project or
non-conformance with the Contract Documents, he shall give prompt
written notice thereof to the Architect.
2.9 The Owner shall furnish information required of him as expeditiously
as necessary for the orderly progress of the Work.
ARTICLE 3
CONSTRUCTION COST
3.1 If the Construction Cost is to be used as the basis for determining the
Architect's Compensation for Basic Services, it shall be the total cost
or estimated cost to the Owner of all Work designed or specified by the
Architect. The Construction Cost shall be determined as follows, with
precedence in the order listed:
3.1.1 For completed construction, the cost of all such Work, including costs
of managing construction;
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3.1.2 For Work not constructed, (1) the lowest bona fide bid received from
a qualified bidder for any or all of such Work; or (2) if the Work is
not bid, the bona fide negotiated proposal submitted for any or all of
such Work; or
3.1.3 For Work for which no such bid or proposal is received, (1) the latest
Detailed Estimate of Construction Cost if one is available, or (2) the
latest Statement of Probable Construction Cost.
3.2 Construction Cost does not include the compensation of the Architect
and his consultants, the cost of the land, rights-of-way, or other costs
which are the responsibility of the Owner as provided in Paragraphs
2 .3 through 2.6 inclusive .
3. 3 The cost of labor, materials and equipment furnished by the Owner for
the Project shall be included in the Construction Cost at current market
rates including a reasonable allowance for overhead and profit.
3.4 Statement of Probable Construction Cost and Detailed Cost Estimates
prepared by the Architect represent his best judgment as a design
professional familiar with the construction industry. It is recognized,
however, that neither the Architect nor the Owner has any control over
the cost of labor, materials or equipment, over the contractors' methods
of determining bid prices, or over competitive bidding or market con
ditions. Accordingly, the Architect cannot and does not guarantee that
bids will not vary from any Statement of Probable Construction Cost or
other cost estimate prepared by him.
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3.5 When a fixed limit of Construction Cost is established as a condition of
this Agreement, it shall be in writing signed by the parties and shall
include a bidding contingency of ten percent unless another amount is
agreed upon in writing. When such a fixed limit is established, the
Architect shall be permitted to determine what materials, equipment,
component systems and types of construction are to be included in the
Contract Documents, and to make reasonable adjustments in the scope
of the Project to bring it within the fixed limit. The architect may also
include in the Contract Documents alternate bids to adjust the Construc
tion Cost to the fixed limit.
3.5.1 If the Bidding or Negotiating Phase has not commenced within six months
after the Architect submits the Construction Documents to the Owner,
any fixed limit of Construction Cost established as a condition of this
Agreement shall be adjusted to reflect any change in the general level
of prices which may have occurred in the construction industry for the
area in which the Project is located. The adjustment shall reflect changes
between the date of submission of the Construction Documents to the
Owner and the date on which proposals are sought.
3.5.2 When a fixed limit of Construction Cost, including the Bidding contin
gency (adjusted as provided in Subparagraph 3.5.1, if applicable),
is established as a condition of this Agreement and is exceeded by the
lowest bona fide bid or negotiated proposal, the Detailed Estimate of
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Construction Cost or the Statement of Probable Construction cost, the
Owner shall (1) give written approval of an increase in such fixed
limit, within a reasonable time, or (2) cooperate in revising the Pro
ject scope and quality as required to reduce the Probable Construction
Cost. In the case of (2) the Architect, without additional charge, shall
modify the Drawings and Specifications as necessary to bring the Con
struction Cost within the fixed limit. The providing of such service
shall be the limit of the Architect's responsibility in this regard, and
having done so, the Architect shall be entitled to compensation in accord
ance with this Agreement.
ARTICLE 4
DIRECT PERSONNEL EXPENSE
Direct Personnel Expense is defined as the salaries of professional,
technical and clerical employees engaged on the Project by the Architect,
and the cost of their mandatory and customary benefits such as statutory
employee benefits, insurance, sick leave, holidays, vacations, pensions
and similar benefits.
ARTICLE 5
REIMBURSABLE EXPENSES
5.1 Reimbursable Expenses are in addition to the Compensation for Basic
and Additional Services and include actual expenditures made by the
Architect, his employees, or his professional consultants in the interest
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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 reproductions, postage and handling of Drawings and Speci
fications excluding duplicate sets at the completion of each Phase for
the Owner's review and approval.
5.1.3 Expense of computer time when used in connection with Additional
Services.
ARTICLE 6
PAYMENTS TO THE ARCHITECT
6.1 Payments on account of the Architect's Basic Services shall be made as
follows:
6.1.1 Payments for Basic Services shall be made in proportion to services
performed so that the compensation at the completion of each Phase,
except when the compensation is on the basis of a Multiple of Direct
Personnel Expense, shall equal the following percentages of the total
Basic Compensation:
Schematic Design 15%
Design Development Phase 35%
Construction Documents Phase 75%
Bidding or Negotiation Phase 80%
Construction Phase 100%
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6.2 Payments for Additional Services of the Architect as defined in Para
graph 1.3, and for Reimbursable Expenses as defined in Article 5,
shall be made monthly upon presentation of the Architect's statement of
services rendered.
6.3 No deductions shall be made from the Architect's compensation on ac
count of penalty, liquidated damages, or other sums withheld from
payments to contractors.
6.4 If the Project is abandoned in whole or in part, the Architect shall be
paid his compensation for services performed prior to receipt of written
notice from the Owner of such suspension or abandonment, together
with Reimbursable Expenses then due and all termination expenses as
defined in Paragraph 8.3 resulting from such suspension or abandon
ment .
6.5 Payments due the Architect under this Agreement shall bear interest at
the legal rate commencing sixty days after the date of billing.
ARTICLE 7
ARCHITECT'S ACCOUNTING RECORDS
Records of Reimbursable Expenses and expenses pertaining to Addi
tional Services on the Project and for services performed on the basis
of a Multiple of Direct Personnel Expense shall be kept on a generally
recognized accounting basis and shall be available to the Owner or
his authorized representative at mutually convenient times.
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ARTICLE 8
TERMINATION OF AGREEMENT
8.1 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.
8.2 In the event of termination due to the fault of parties other than the
Architect, the Architect shall be paid his compensation for services
performed to termination date, including Reimbursable Expenses then
due and all termination expenses.
8.3 Termination Expenses are defined as Reimbursable Expenses directly
attributable to termination, plus an amount computed as a percentage
of the total compensation earned to the time of termination, as follows:
20 percent if termination occurs during the Schematic
Design Phase; or
10 percent if termination occurs during the Design De
velopment Phase; or
5 percent if termination occurs during any subsequent
phase.
ARTICLE 9
OWNERSHIP OF DOCUMENTS
Drawings and Specifications as instruments of service are and shall
remain the property of the Architect whether the Project for which they
are made is executed or not. They are not to be used by the Owner on
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other projects or extensions to this Project except by agreement in
writing and with appropriate compensation to the Architect.
ARTICLE 10
SUCCESSORS AND ASSIGNS
The Owner and the Architect each binds himself, his partners,
successors, assigns and legal representatives to the other party to
this Agreement and to the partners, successors, assigns and legal
representatives of such other party with respect to all covenants of
this Agreement. Neither the Owner nor the Architect shall assign,
sublet or transfer his interest in this Agreement without the written
consent of the other .
ARTICLE 11
ARBITRATION
11.1 All claims, disputes and other matters in question 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 addi
tional party not a party to this Agreement except by written consent
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containing a specific reference to this Agreement and signed by all
the parties hereto. Any consent to arbitration involving an addi
tional party or parties shall not constitute consent to arbitration of
any dispute not described therein or with any party not named or
described therein. This Agreement to arbitrate and any agreement
to arbitrate with an additional party or parties duly consented to by
the parties hereto shall be specifically enforceable under the pre
vailing arbitration law.
11.2 Notice of the demand for arbitration shall be filed in writing with
the other party to this Agreement and with the American Arbitra
tion Association. The demand shall be made within a reasonable time
after the claim, dispute or other matter in question has arisen. In
no event shall the demand for arbitration be made after the date
when institution of legal or equitable proceedings based on such claim,
dispute or other matter in question would be barred by the applicable
statute of limitations.
11.3 The award rendered by the arbitrators shall be final, and judgment
may be entered upon it in accordance with applicable law in any court
having jurisdiction thereof.
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ARTICLE 12
EXTENT OF AGREEMENT
This Agreement represents the entire and integrated agreement
between the Owner and the Architect and supersedes all prior
negotiations, representations or agreements, either written or
oral. This Agreement may be amended only by written instrument
signed by both Owner and Architect.
ARTICLE 13
GOVERNING LAW
Unless otherwise specified, this Agreement shall be governed by
the law of the principal place of business of the Architect.
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NUMBER OR COUNTERPART COPIES
This Contract is executed in four counterparts.
IN WITNESS WHEREOF the parties hereto have made and executed this
Agreement, the day and year first above written.
ATTEST:
Secretary
BOARD OF REGENTS
STEPHEN F. AUSTI TE UNIVERSITY
President of the Board
KENT, MARSELLOS AND SCOTT
ARCHITECTS -ENGINEERS
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74-205
Upon motion of Regent Bryce, seconded by Regent Perkins, with all mem
bers voting aye, it was ordered that the final 1974-75 budget positions
be approved as shown in detail in the monthly financial statement of
August 31, 1975.
74-206
Upon motion of Regent Golden, seconded by Regent Wright, with all mem
bers voting aye, it was ordered that the following transfers for the vear
ending August 31, 1975 be approved:
1. Matching funds for National Defense Education
Act Student Loans $ 9 220.30
2. Matching funds for the Federal Work Study
Program $ 24,903.75
(From Pledged Revenue Surplus)
3. Student Activity Funds $ 26,000.00
(From Student Property Deposits inactive for
more than four years)
74-207
Upon motion of Regent Perkins, seconded by Regent Gray, with all mem
bers voting aye, it was ordered that the settlement agreement proposed
by the Houston General Insurance Company to pay the University $12,536.00
in accordance with the Payment and Performance Bonds, executed January
31, 1974, in behalf of R.E.H. Electronics and Engineering Company, be
approved and the Chairman of the Board be authorized to sign the agree
ment.
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SETTLEMENT AGREEMENT
WHEREAS, R.E.H. Electronics and Engineering, (hereafter referred
to as R.E.H.) and the Board of Regents, Stephen F. Austin State University,
(hereafter referred to as Owner) entered into a written construction
agreement on January 31, 1974, for construction of certain observatories
at Nacogdoches County, Texas in the sum of $12,536.00. (A construction
contract is attached hereto and incorporated herein fully as if set
forth verbatim.)
Thereafter, Houston General Insurance Company (hereafter referred
to as Surety) agreed to become Performance and Payment Bond Surety on
behalf of R.E.H. and on January 31, 1974, executed Performance and Pay
ment Bonds all in accordance with the terms and provisions of the refer
enced contract agreement.
WHEREAS, during the course of construction R.E.H. received earned
payment estimates in the sum of $8,536.00 (less retainage) based upon
submittals approved and processed by Architects Kent-Marsellos-Scott
on behalf of Owner.
Thereafter, progress on the project was terminated and on January 7,
1975, notice was given by Owner to R.E.H. that his contract had been
terminated. Like advice was forwarded to Surety.
WHEREAS, Owner advertised for rebidding to complete the construction
project and in due course it appeared that the bid of T. G. Evans Construc
tion Company, P. o. Box 763, Nacogdoches, Texas, was accepted as the low
bid in the sum of $33,950.00. Construction work progressed again and the
completion of the project was approved thereafter by Owner.
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WHEREAS, Owner and Surety desire to settle the contractual default
and dispute, it is therefore agreed and understood as follows:
ONE_
Houston General Insurance Company agrees to pay and Stephen F. Austin
State University agrees to accept payment in the sum of $12,536.00,
receipt whereof is hereby acknowledged, in consideration for which pay
ment Stephen F. Austin State University hereby releases and forever
discharges Houston General Insurance Company, of and from any and all
liabilities, claims, demands, or causes of action which it now has by
reason of the obligations undertaken by R.E.H. Electronics and Engi
neering and its Performance Bond in which R.E.H. Electronics and Engi
neering was Principal and Houston General Insurance Company was Surety.
TWO
In further consideration of said payment, Stephen F. Austin State
University hereby sells, assigns, transfers and sets over to the Houston
General Insurance Company, its successors and assigns, all the right,
title and interest, including remedies of the undersigned creditor, in
and to the claim for contractual default by R.E.H. Electronics and Engi
neering to the extent only of said payment recited above.
Signed and Sealed at Nacogdoches, Texas this 28th day of October,
1975.
Stephen F. Austin State University
BY: /s/ Walter C. Todd
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STATE OF TEXAS
COUNTY/PARISH NACOGDOCHES
Before me, the undersigned authority, on this day personally ap
peared Walter C. Todd, Chairman of Board of Regents of Stephen F.
Austin State University, A corporation, known to me to be the person
whose name is subscribed to the foregoing instrument, and acknowledged
to me that he executed the same for the purposes and consideration
therein expressed, and in the capacity above stated as the act and deed
of said corporation.
Given under my hand and seal of office this 28th day of October
1975. '
/s/ Mary Greene
Notary Public in and for
Nacogdoches, Texas
SEAL
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74-208
Upon motion of Regent Gray, seconded by Regent Cullum, with all members
voting aye, it was ordered that the following Change Orders be approved
as listed hereafter and that the Chairman of the Board be authorized
to sign them.
No. Contractor Project Mount
2 Harold James, Inc. Renovation Mechanical
Systems in University
Center - 1,500.65
1 Thomas $ Thompson Observatory (excluding
Dome and Cylinder) + 632.37
1 T. G. Evans Const. Co. Early Childhood
Laboratory + 885.00
Construction Co. Renovation Rusk Bldg. +10,263.00
1 Allen M. Campbell Co. HPE Complex - 7,471.00
74-209
Upon motion of Regent Perkins, seconded by Regent Wright, with all mem
bers voting aye, it was ordered that the University be authorized to
draw up the necessary documents and submit them to the proper authorities
to establish a foundation whose purpose shall be the general unrestricted
support and betterment of Stephen F. Austin State University.
74-210
Upon motion of Regent Gray, seconded by Regent Bryce, with all members
voting aye, it was ordered that the contract with Cobb?s Southwest
Electric, Inc., for $81,000.00 to renovate the Fine Arts Building stage
lighting controls be approved and the Chairman of the Board be authorized
to sign the contract.
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THE AMERICAN INSTITUTE OF ARCHITECTS
AIA Document A101
Standard Form of Agreement Between
Owner and Contractor
where the basis of payment is a
STIPULATED SUM
THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES; CONSULTATION WITH
AN ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION
Use only with the latest Edition of AIA Document A201, General Conditions of the Contract for Construction.
This document has been approved and endorsed by The Associated General Contractors of America.
AGREEMENT
made this day of in the year of Nineteen
Hundred and
BETWEEN the Owner: Stephen F. Austin State University
and the Contractor: CobbTs Southwest Electric, Inc.
P.O. Box 2421
Longview, Texas
the Project: Stage Dimming System, Fine Arts Building
Stephen F. Austin State University
the Architect: Love, Friberg & Associates, Inc.
The Owner and the Contractor agree as set forth below.
AIA DOCUMENT A101 • OWNER-CONTRACTOR AGREEMENT • JANUARY 1974 EDITION * AIA® • ©1974
THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D. C. 20006
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ARTICLE 1
THE CONTRACT DOCUMENTS
The Contract Documents consist of this Agreement, Conditions of the Contract (General, Supplementary and other
Conditions), Drawings, Specifications, all Addenda issued prior to execution of this Agreement and all Modifications
issued subsequent thereto. 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
(Here insert the caption descriptive o/ the Work as used on other Contract Documents.)
Stage Dimming System, Fine Arts Building,
Stephen F. Austin State University, Nacogdoches, Texas
Base Bid
ARTICLE 3
TIME OF COMMENCEMENT AND COMPLETION
The Work to be performed under this Contract shall be commenced on or before November 27, 1975
and completed February 9, 1976.
(Here insert any special provisions for liquidated damages relating to failure to complete on time.)
See "Supplementary General Conditions11 section of these specifications.
AIA DOCUMENT A101 • OWNER-CONTRACTOR AGREEMENT • JANUARY 1974 EDITION • AIA® • ©1974
THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D. C. 20006
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ARTICLE 4
CONTRACT SUM
The Owner shall pay the Contractor for the performance of the Work, subject to additions and deductions by Change
Order as provided in the Conditions of the Contract,, in current funds, the Contract Sum of EiGHTY ONE
THOUSAND AND NO/100 DOLLARS ($81,000.00).
(State here Ihe lump sum amount, unit prices, or both, a 5 desired.)
ARTICLE 5
PROGRESS PAYMENTS
Based upon Applications for Payment submitted to the Architect by the Contractor and Certificates for Payment issued
by the Architect, the Owner shall make progress payments on account of the Contract Sum to the Contractor as pro
vided in the Conditions of the Contract as follows:
On or about the fifteenth day of each month ninety (90) per cent of
the proportion of the Contract Sum properly ailocable to labor, materials and equipment incorporated in the Work
and i pi-v C9CH percent of the portion of the Contract Sum properly ailocable to materials and
equipment suitably stored at the site or at some other location agreed upon in writing by the parties, up to
days prior to the date on which the Application for Payment is submitted, less the aggregate
of previo°us-epayments in each case; and upon Substantial Completion of the entire Work a sum sufticient to increase
the total payments to ninety (90) P^ cent of the Contract Sum, less such retainages as the Architect
shall determine for all incomplete Work and unsettled claims.
Ill not coven-d elsewhere in (he Contract Document*, here insert .my provision lor limiting or reducing (he amount n-uvned alter the 'Work reaches .1 certain
i/jgc 0/ completion )
Any moneys not paid when due to either party under this Contract shall bear interest at the legal rate in force at the
place of the Project.
AIA DOCUMENT A101 • OWNER-CONTRACTOR AGREEMENT • JANUARY 1974 EDITION •AIA® • ©1974
THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE, N.W., WASHINGTON, D. C. 20006 *
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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 Substantial Completion of the Work unless otherwise stipulated in the
Certificate of Substantial Completion, provided the Work has then been completed, the Contract fully performed,
and a final Certificate for Payment has been issued by the Architect.
ARTfiCLE 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:
(List below the Agreement, Conditions of the Contract (General, Supplementary, and other Conditions), Drawings, Specifications, Addenda and accepted
Alternates, showing page or sheet numbers in all cases and dates where applicable.)
Agreement
Proposal Form
Instructions to Bidders
General Conditions of the Contract for Construction
Amendments and Supplementary General Conditions
Special Conditions
Technical Specifications
Plan Sheets 1 through 4, dated September 19, 1975
Addendum No. 1
This Agreement executed the day and year first written above.
OWNER CONTRACTOR
STEPHEN F. AUSTIN STATE UNIVERSITY COBB!S SOUTHWEST ELECTRIC, INC.
Read and Examined
/s/ Walter C. Todd Chairman
Board of Regents, Stephen F. Austin State University
AIA DOCUMENT A101 • OWNER-CONTRACTOR AGREEMENT • JANUARY 1974 EDITION • AIA® • ©1974
THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D. C. 20006
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PERFORMANCE BOND
THE STATE OF TEXAS
COUNTY OF NACOGDOCHES
KNOW ALL MEN BY THESE PRESENTS: That we Cobb's Southwest Electric, Inc.
a Corporation, of P.O. Box 2421, Longview, Texas, hereinafter called Principal
and United States Fidelity & Guaranty Company
hereinafter called the Surety, are held and firmly bound unto Stephen F.
Austin State University hereinafter called Owner, in the penal sum of
Eighty One Thousand and No/100 Dollars ($81,000.00) in lawful money of
the United States, to be paid in Nacogdoches County, Texas, for the payment
of which sum well and truly to be made, we bind ourselves, our heirs, execu
tors, 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 Stephen F. Austin State University,
the Owner, dated the th day of November, A. D., 1975, a copy of which
is attached hereto and made a part hereof for the construction of:
"Stage Dimming System, Fine Arts Building,
Stephen F. Austin State University."
herein called the "work".
NOW THEREFORE, if the Principal shall well, truly and faithfully
perform the work in accordance with the Plans, Specifications and Contract
Documents during the original term thereof, and any extensions thereof
which may be granted by the Owner, with or without notice to the Surety
and if he shall satisfy all claims and demands incurred under such Con
tract, and shall fully indemnify and save harmless the Owner from all costs
and damages which it may suffer by reason of failure to do so, and shall
reimburse and repay the Owner all outlay and expense which the Owner may
incur in making good any default, then this obligation shall be void; otherwise
to remain in full force and effect.
NOW, THEREFORE, if the Principal shall repair any and all defects
in said work occasioned by and resulting from defects in materials fur-nished
by, or workmanship of the Principal in performing the work covered
by said Contract, occurring within a period of twelve (12) months from
the date of the Contract Completion Certificate, then this obligation
shall be null and void, otherwise to remain in full force and effect.
PROVIDED FURTHER, that if any legal action be filed upon this bond
venue shall lie in Nacogdoches County, State of Texas and that the said
Surety, for value received hereby stipulates and agrees that no change,
extension of time, alteration or addition to the terms of the Contract
or to the work to be performed thereunder or the Specifications accom-
30-99
PB-1
100
panying the same shall in any wise affect its obligation of this bond,
and it does hereby waive notice of any such change, extension of time,
alteration or addition to the terms of the Contract or to the work or
to the Specifications.
PROVIDED, HOWEVER, that this bond is executed prusuant to the provi
sions of Article 5160 of the Revised Civil Statutes of Texas as amended
by Acts of the 56th Legislature, 1959, and all liabilities on this bond
shall be determined in accordance with the provisions of said Article to
the same extent as if it were copied at length.
IN WITNESS WHEREOF, this instrument is executed in six counterparts,
each one of which shall be deemed an original, this che 4 th day of
November, A.D. 1975.
ATTEST:
COBB!S SOUTHWEST ELECTRIC,
Principal
(Principal)} Secretary
SEAL
Witness /s to Principal
(Address)
ATTEST
UNITED STATES FXDELTOY&GKAEANTY COMPA1
(Surety) Secretary
Witness as >xo Surety
-in-Fact Guy F, Haxrison
104 W« Meihvla St>, Longview, Texas 75601
Address
PB-2
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PAYMENT BOND
THE STATE OF TEXAS
COUNTY OF NACOGDOCHES
KNOW ALL HEN BY THESE PRESENTS: That we Cobbfs Southwest Electric,
Tnc, a Corporation, of P,O* Box 2421, Longview, Texas hereinafter called
Principal and United Stktes Fidelity & Gkiaxaniy Company
hereinafter called the Surety, are held and firmly bound unto Stephen
F. Austin State University, hereinafter called Owner, unto all persons,
firms, and corporations who may furnish materials for, or perform labor
upon the building or improvements hereinafter referred to in the penal
sum of EIGHTY ONE THOUSAND AND NO/100 DOLLARS ($81,000.00) in lawful money
of the United States, to be paid in 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 Stephen F. Austin State University,
the Owner, dated the th day of November, , A.D. 1975, a copy of which
is hereto attached and made a part hereof for the construction of:
"Stage Dimming System at Fine Arts Building,
Stephen F* Austin State University11.
NOW, THEREFORE, the condition of this obligation is such that, if
the Principal shall promptly make payment to all claimants as defined
in Article 5160 Revised Civil Statutes of Texas, 1925, as amended *by House
Bill 344, Acts 56th Legislature, Regular Session, 1959, effective April
27, 1959, supplying labor and materials in the prosecution of the work
provided for in said Contract, then this obligation shall be null and
void; otherwise, it shall remain in full force and effect.
This bond is made and entered into solely for the protection of all
claimants supplying labor and materials in the prosecution of the work
provided for in said Contract, and all such claimants shall have a direct
right of action under the bond as provided in Article 5160, Revised Civil
Statutes, 1925, as amended by House Bill 344, Acts 56th Legislature, Regu
lar Session, 1959.
PROVIDED FURTHER, that if any legal action be filed upon this bond,
venue shall lie in Nacogdoches County, State of Texas, and that the said
Surety, for value received hereby stipulates and ag