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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 30-5 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 30-138 304 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 30-23 25 74-202 Upon motion of Regent Gray, seconded by keKeru Wright, will all members 30-25 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 30-26 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. 30-27 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 30-28 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. 30-29 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. 30-30 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 . 30-31 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 30-32 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. 30-33 34 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. 30-34 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. 30-35 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. 30-36 37 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; 30-37 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. 30-38 39 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 30-39 40 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 30-40 41 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% 30-41 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. 30-42 43 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 30-43 44 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 30-44 45 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. 30-45 46 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. 30-46 47 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 30-47 74-203 30-48 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, 30-49 50 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. 30-50 51 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. 30-71 72 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 30-72 73 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. ' 30-73 74 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 30-74 75 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. 30-75 76 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. 30-76 77 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. 30-77 78 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. 30-78 79 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; 30-79 80 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. 30-80 SI 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 30-81 82 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 30-82 83 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% 30-83 84 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. 30-84 85 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 30-85 86 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 30-86 87 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. 30-87 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. 30-88 89 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 30-89 90 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. 30-90 91 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. 30-91 92 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 30-92 93 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 30-93 94 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. 30-94 95 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 30-95 96 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 30-96 97 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 * 30-97 98 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 30-98 99 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 30-100 101 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
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Title | Minutes of Board of Regents of Stephen F. Austin State University. 1975, Volume No. 30 |
Subject |
Meetings Universities & colleges Stephen F. Austin State University |
Description | October 25, 1975, Volume No. 30 |
Date | 1975-10-25 |
Contributors | Walter C. Todd of Dallas Robert C. Gray of Austin Peggy Wedgeworth Wright of Nacogdoches Homer Bryce of Henderson James I. Perkins of Rusk Mrs. George Cullum, Jr. of Dallas Joe Bob Golden of Jasper C. G. Haas, Secretary of the Board Dr. R. W. Steen, President of the University Mary Chidichimo RHA President Dan Lawson RHA Vice President Lynn Gunn RHA Secretary Renee Instine Organizations Editor-Stone Fort Betty Luman Editor - Pine Log Kirk Bonner RHA Social Chair |
Repository | East Texas Research Center |
Associated Dates | 1970-1979 |
Type | Publication |
Format | |
Rights | This item may be protected under Title 17 of the U.S. Copyright Law. It is available for non-commercial research and education. For permission to publish or reproduce, please contact the East Texas Research Center at asketrc@sfasu.edu |
Transcript | 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 30-5 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 30-138 304 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 30-23 25 74-202 Upon motion of Regent Gray, seconded by keKeru Wright, will all members 30-25 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 30-26 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. 30-27 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 30-28 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. 30-29 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. 30-30 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 . 30-31 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 30-32 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. 30-33 34 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. 30-34 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. 30-35 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. 30-36 37 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; 30-37 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. 30-38 39 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 30-39 40 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 30-40 41 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% 30-41 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. 30-42 43 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 30-43 44 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 30-44 45 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. 30-45 46 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. 30-46 47 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 30-47 74-203 30-48 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, 30-49 50 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. 30-50 51 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. 30-71 72 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 30-72 73 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. ' 30-73 74 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 30-74 75 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. 30-75 76 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. 30-76 77 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. 30-77 78 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. 30-78 79 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; 30-79 80 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. 30-80 SI 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 30-81 82 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 30-82 83 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% 30-83 84 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. 30-84 85 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 30-85 86 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 30-86 87 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. 30-87 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. 30-88 89 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 30-89 90 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. 30-90 91 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. 30-91 92 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 30-92 93 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 30-93 94 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. 30-94 95 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 30-95 96 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 30-96 97 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 * 30-97 98 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 30-98 99 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 30-100 101 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 |
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