Minutes of Board of Regents of Stephen F. Austin State University. 1976, Volume No. 33.1

              MINUTES OF
Board of Regents
of
Stephen F. Austin State University
VOLUME NO. 33#J
July 31, 1976
Huxley Bay, Texas
INDEX
Minutes of the Meeting
Stephen F. Austin State University
Board of Regents
held in Huxley Bay, Texas
VOLUME NO. 33*1
July 31, 1976
Page
76-54 Approval of April 24, 1976 Minutes 33_?
76-55 Summer School Faculty Adjustments 33_2
76-56 Changes in Status - Summer Budget 33-3
76-57 Faculty and Staff Appointments 33-4
76-58 Resignations 33-8
76-59 Changes in Status 33-9
76-60 Leaves of Absence 33-10
76-61 Retirement 33-11
76-62 Approval of Adjustments to Voluntary Service Charges 33-11
76-63 Approval of Budget Adjustments 33-11
76-64 Approval of Contract - T. G. Evans Company
(Renovation of Dormitories) 33-13
76-65 Approval of Architectural Services Contract -
Kent-Marsellos-Scott 33-31
76-66 Approval of Contract - Navasota Roofing Company 33-54
76-67 Approval of 1978-79 Biennium Legislative
Appropriation Request 33-72
76-68 Appointment of Special Committee to Study Future
Project (Landfill of Intramural Playing Fields) 33-72
76-69 Authorization to Obtain Bids on Water Main Extension
and Authority for Building Committee to Approve
Contract 33-72
76-70 Assignment to Building Committee: Employment of
Professional Consultant to Update Campus Master
Plan 33-72
76-71 Approval of Change Orders 33-72
76-72 Approval of Budget Revisions 33-72
76-73 Appointment of Chairman and Committee for Decisions
on Painting and Repairs to President's Residence 33-73
76-74 Authorization to Comply with National Pipeline
Safety Act ' * 33-73
76-75 Building Committee Requested to Participate in Final
Inspection of Completed Projects 33-73
76-76 Approval of Curriculum Changes 33-73
MINUTES OF THE MEETING
BOARD OF REGENTS
STEPHEN F. AUSTIN STATE UNIVERSITY
HELD IN HUXLEY BAY, TEXAS
July 31, 1976
The meeting was called to order by Walter C. Todd, Chairman of the
Board of Regents, at 10:00 a.m. July 31, 1976.
PRESENT:
ABSENT:
PRESENT:
PRESENT:
Members: Walter C. Todd of Dallas
Robert C. Gray of Austin
Peggy Wedgeworth Wright of Nacogdoches
Homer Bryce of Henderson
Mrs. George Cullum, Jr. of Dallas
Glenn Justice of Dallas
Ernest Powers of Carthage
Joe Bob Golden of Jasper
James I. Perkins of Rusk
C. G. Haas, Secretary to the Board
Dr. William R. Johnson, President of the University
Visitor: Carl Parks, Student
76-54
Upon motion of Regent Cullum, seconded by Regent Cray, with all members
voting aye, it was ordered that the minutes of the meeting of April 24,
1976, be approved.
76-55
Upon motion of Regent Powers, seconded by Regent Gray, with all members
voting aye, it was ordered that the following adjustments to the summer
budget be approved:
1. Division of Applied Arts and Sciences
Dr. Billy Ray Bowman, 32, Ph.D. (Texas ASM University), Instructor
(30% time) at Jasper and Dayton Centers at a salary rate of <:2,400,
effective June 1, 1976 through August 10, 1976.
Ms. Margie Cain, 28, M.Ed. (University of Houston), Visiting
Lecturer (100% time) at a salary rate of $1,200, effective June 1
1976 through July 8, 1976.
Dr. Eli Douglas, 43, Ed.D. (North Texas State University), Instructor
(25% time) at Duncanville Center at a salary rate of $1,200, effective
June 1, 1976 through July 8, 1976.
Dr. Prank Jackson, 37, Ed.D. (North Texas State University), In
structor (25% time) at Duncanville Center at a salary rate of $1,200
for l;irst Summer Session, 1976.
Dr. Charles Don Geilker, 43, Ph.D. (Case Western Reserve University),
(100% time) Visiting Professor of Physics at a salary rate of $1,588
for the Second Summer Session, 1976.
Ms^ Ann Ittner, 31, M.Ed. (Duke University), Visiting Lecturer
(100% time) at a salary rate of $1,000, effective June 7, 1976 through
July 8, 1976.
Mr. Lee Pennington, 43, M.Ed. (East Texas State University), In
structor (25% time) at Dayton Center at a salary rate of $800, ef
fective First Summer Session, 1976.
Dr. Douglas Prewitt, 41, Ph.D. (Texas ASM University), Instructor
(20-6 time) at Dayton Center, effective June 1, 1976 through August 10
1976 at a salary rate of $1,600. '
Dr. Carl T. Rutledge, 32, Ph.D. (University of Arkansas), Visiting
Professor of Physics (100% time) at a salary rate of $6,232, effective
June 1, 1976 through August 10, 1976.
Dr. Robert B. Sewell, 50, Ph.D. (East Texas State University), In
structor (100% time) at Garland Center, effective June 1, 1976 through
July 8, 1976 at a salary rate of Si,800.
35-2
Dr. Janes Watson, 33, Ph.D. (University of Arkansas), Visiting
Lecturer (100% time) of Physics at a salary rate of $1,500 effective
First Summer Session, 1976.
Dr. Sue Jones, 50, Ph.D. (Texas Woman's University), Professor
of Home Economics, at a salary rate of $3,625, effective July 12, 1976
through August 6, 1976. Dr. Jones will conduct a European tour.
2. Department of English
Mr. Wilbert Love, Jr., 31, M.A. (Stephen F. Austin State University),
Graduate Interne in English (40% time) at a salary rate of $750, ef
fective Second Summer Session, 1976. This appointment is contingent
upon sufficient enrollment in English 131.
Dr. Leonard Cheever, 37, Ph.D. (University of California), Associate
Professor of English at a salary rate of $1,458.34 for 50% tine, ef
fective Second Summer Session, 1976.
76-56
Upon motion of Regent Bryce, seconded by Regent Cullum, with all members
voting aye, it was ordered that the following changes in status for the
summer budget be approved:
1. Applied Arts and Sciences
Dr. Marlin Young, Assistant Professor of Office Administation, from
50% time at $2,020.67 for the Second Summer Session, 1976 to 50% time
at $2,020.67 for the First Summer Session, 1976. This is to correct
a budget error.
2. Department of Accounting
Dr. Cecil Dollar, Jr., Professor of Accounting, from 100% time at
$3,333.33 for Summer I to 50% time at $1,666.67 for Summer I and 100%
time at $3,333.33 for Summer II, 1976. The increased assignment is
necessitated by the resignation of Dr. John Meredith.
Dr. John Meredith, Assistant Professor of Accounting and Computer
Science, from 50% time at $1,416.67 in Computer Science for Summer I
and 100% time at $2,833.33 in Accounting for Summer II to 50% time in
Accounting at $1,416.67 and 50% time in Computer Science at $1,416.67
for the First Summer Session, 1976 only.
3. Department of Biology
Dr. J. Herndon Burr, Professor of Biology, from 50% time at $1,750
for the First Summer Session, 1976 to sick leave.
Dr. Homer T. Russell, Professor of Biology, from 50% time at $1,791.66
to 100% time at $3,583.32 for the First Summer Session, 1976 only.
This change is necessitated because of Dr. Burrfs illness.
33-3
4. Department of Chemistry
Dr. Bennie F. Walker, Associate Professor of Chemistry, from a
salary of $3,200 to $3,700 for the months of June and July, 1976.
This reflects an amendment to Welch Foundation Grant.
5. Department of English
Dr. Sidney Bellamy, Assistant Professor of English, from 100%
time at $2,541.67 to no employment during the summer, 1976 in order
to accept an NEH grant at the University of Washington.
Dr. Neal Houston, Professor of English, from 50% time at $1,812.50
to sick leave for the Second Summer Session, 1976 only.
Dr. Carroll Schoenewolf, Assistant Professor of English, from 50%
time at $1,874.83 for First Summer Session to 100% time at $2,541.67
for Second Summer Session, 1976. The class in Alief for First Sum
mer Session was cancelled.
6. Department of Geology
Dr. Hershel L. Jones, Assistant Professor of Geology, to reverse
the time from 50% for First Summer Session and 100% for Second
Summer Session to 100% time for First Summer Session and 50% time for
Second Summer Session, 1976. This is to correct a budget error.
7. Department of History
Dr. John W. Dahmus, Assistant Professor of History, from 100% time
at $2,625 for Second Summer Session to no employment in order to ac
cept an NEH grant at Ohio State University.
Dr. Jere Jackson, Assistant Professor of History, from 100% time
at $2,333.33 for First Summer Session only to 100% time at $2,333.33
for First Summer Session and 50% time at $1,166.67 for Second Summer
Session, 1976. The increased assignment is necessitated by Dr.
Dahmus1 resignation from the Second Summer Session.
Dr. James L. Nichols, Professor of History, at $1,916.67 for 50%
time for the Second Summer Session. This assignment is necessitated
by Dr. Dahmus1 resignation from the Second Summer Session.
76-57
Upon motion of Regent Golden, seconded by Regent Gray, 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. Carolyn Conn, 24, M.B.A. (University of Arkansas), Instructor of
Accounting at a salary rate of $12,500 for nine months, effective
Fall Semester, 1976.
33-4
2. Department of Agriculture
Mr. Cletus G. Grady, 26, B.S. in Agriculture (Stephen F.
Austin State University), Manager-Operator of Dairy Farm at a
salary rate of $8,500 for twelve months, effective June 1,
1976.
3. Department of Art
Mr. Jon Donnel Wink, 38, M.F.A. (University of Washington),
Professor of Art and Head of the Department of Art at a salary
rate of $30,000 for twelve months, effective Fall Semester,
1976.
Mr. Larry Wayne Costello, 31, M.F.A. (Stephen F. Austin State
University), Graduate Teaching Interne in Art at a salary rate
of $9,000 for nine months, effective Fall Semester, 1976.
Mr. Gary David Hearne, 27, M.A. (Stephen F. Austin State Uni
versity), Graduate Teaching Interne in Art at a salary rate of
$9,000 for nine months, effective Fall Semester, 1976.
4. Department of Communication
Mr. William Joseph Oliver, 34, M.A. (University of Mississippi),
Assistant Professor of Communication at a salary rate of $13,500
for nine months, effective Fall Semester, 1976.
5. Department of Computer Science
Dr. Denis M. Hyams, 31, Ph.D. (University of Southwestern
Louisiana), Assistant Professor of Computer Science at a salary
rate of $16,000 for nine months, effective Fall Semester, 1976.
Mr. Jimmy Wayne Spence, 30, M.B.A. (Texas Tech University),
Assistant Professor of Computer Science at a salary rate of $15,000
for nine months, effective Fall Semester, 1976.
6. Department of Economics
Dr. Patrick Michael Conn, 35, Ph.D. (University of Arkansas),
Assistant Professor of Economics at a salary rate of $17,000 for
nine months, effective Fall Semester, 1976.
7. Department of English
Ms. Constance Hill Hall, 43, M.A. (Stephen F. Austin State Uni
versity), Graduate Interne in English at a salary rate of $2,250
for 50% time for the Fall Semester, 1976 only.
33-5
Mr. Keith William Harvey, 24, M.A. (Stephen F. Austin State
University), Graduate Interne in English at a salary rate of
$6,750 for 75% time for nine months, effective Fall Semester,
1976.
Ms. Janet L. Hutcheson, 27, M.A. (Stephen F. Austin State
University), Graduate Interne in English at a salary rate of
$6,750 for 75% time for nine months, effective Fall Semester,
1976.
Ms. Paula Gahn Johnston, 26, M.A. (Stephen F. Austin State
University), Graduate Interne in English at a salary rate of
$3,375 for 75% time for the Fall Semester, 1976 only.
Mr. Wilbert Love, Jr., 31, M.A. (Stephen F. Austin State Uni
versity), Graduate Interne in English at a salary rate of
$9,000 for nine months, effective Fall Semester, 1976.
Ms. Janet Gail Perry, 26, M.A. (Stephen F. Austin State Uni
versity), Graduate Interne in English at a salary rate of
$3,375 for 75% time for the Fall Semester, 1976 only.
Ms. Molly Travis, 25, M.A. (Stephen F. Austin State University),
Graduate Interne in English at a salary rate of S3,375 for 75%
time for the Fall Semester, 1976 only.
Mr. Kenneth James Weitz, 27, M.A. (Stephen F. Austin State Uni
versity), Graduate Interne in English at a salary rate of $3,375
for 75% time for the Fall Semester, 1976 only.
Mr. Holly Kirby Whitten, 27, M.A. (Stephen F. Austin State Uni
versity), Graduate Interne in English at a salary rate of $6,750
for 75% time for nine months, effective Fall Semester, 1976.
8. Department of Health and Physical Education
Dr. Carolyn Beth Mitchell, 37, Ph.D. (Texas Woman's University),
Associate Professor of Women's Health and Physical Education at
a salary rate of $16,500 for nine months, effective Fall Semester,
1976.
9. Department of Home Economics
Ms. Belinda Joyce Boshell, 24, M.S. (Texas Woman's University),
Graduate Interne in Home Economics at a salary rate of $4,500
for the Fall Semester, 1976 only.
10. Department of Mathematics
Mr. Donald Lester Clark, 28, M.S. (Stephen F. Austin State Uni
versity), Graduate Interne in Mathematics at a salary rate of
$9,000 for nine months, effective Fall Semester, 1976.
33-6
Ms. Barbara Ann Scott, 23, M.S. (Stephen F. Austin State Uni
versity), Graduate Interne in Mathematics at a salary rate of
$9,000 for nine months, effective Fall Semester, 1976.
11. Department of Music
Dr. Robert Lewis Blocker, 30, D.M.A. (North Texas State University),
Assistant Professor of Music and Head of the Department of Music at
a salary rate of $24,000 for twelve months, effective Fall Semester,
1976.
12. Department of Physics
Mr. Michael Leo Goad, 32, M.S. (East Texas State University),
Laboratory Coordinator in Physics at a salary rate of $10,000 for
nine months, effective Fall Semester, 1976.
13. Department of School Services
Ms. JoPhea Pevey, 44, M.Ed. (Stephen F. Austin State University),
Graduate Interne in School Services at a salary rate of $9,000 for
nine months, effective Fall Semester, 1976.
Mr. James Edward Lather, 37, M.S. (North Texas State University),
Instructor in School Services at a salary rate of $2,500 for 50%
time for the Fall Semester, 1976 only.
14. Department of Secondary Education
Mr. Johnny Robert Sciacca, 32, M.Ed. (Stephen F. Austin State .Uni
versity), Graduate Interne in Secondary Education at a salary rate
of $9,000 for nine months, effective Fall Semester, 1976.
15. Department of Sociology
Mr. Victor Hugo Sims, 33, M.S. (Arizona State University), Instruc
tor in Sociology at a salary rate of $11,000 for nine months, ef
fective Fall Semester, 1976.
16. School of Forestry
fir. Billy K. Lemons, 24, B.S.F. (Stephen F. Austin State University),
Forest Technologist at a salary rate of $9,000 for twelve months,
effective Fall Semester, 1976.
17. Student Affairs
Mrs. Sandra Lee Langham, 27, Administrative Secretary, Vice Presi
dent for Student Affairs, at a salary rate of $7,200 for twelve
months, effective July 1, 1976.
33-7
18. Physical Plant
Mr. Anibal Martinez, 34, Custodial Supervisor II at a salary rate
of $9,500 for twelve months, effective May 3, 1976.
fir. Gary R. Moffat, 27, Safety Director at a salary rate of
$13,000 for twelve months, effective July 1, 1976.
76-58
Upon motion of Regent Powers, seconded by Regent Cullum, with all mem
bers voting aye, it was ordered that the following resignations be
accepted:
1. Department of Accounting
Dr. John W. Meredith, Assistant Professor of Accounting and Com
puter Science, effective August 31, 1976. Dr. Meredith has accepted
employment at another university.
Dr. John W. Stevenson, Professor of Accounting and Head of the
Department of Accounting, effective August 31, 1976. Dr. Stevenson
has accepted employment at another university.
2. Department of Agriculture
fir. Homer Cene McCall, Instructor of Agriculture, effective May 31,
1976. Mr. McCall has completed his temporary contract.
3. Department of Art
Mr. Robert Edwin Cox, Teaching Interne in Art, effective May 31,
1976. Mr. Cox has completed his temporary contract.
4. Department of Communication
Dr. William G. Powers, Assistant Professor of Communication, ef
fective August 23, 1976. Dr. Powers has accepted employment at
another university.
5. Department of Elementary Education
Ms. Diana Maria Garcia, Instructor of Elementary Education,
effective May 31, 1976. Ms. Garcia resigned to be married and will
reside in Houston.
6. Department of Geology
Dr. Don D. Anderson, Assistant Professor of Geology, effective
August 31, 1976. Dr. Anderson has been on leave and has now
resigned for personal reasons.
33->8
7. Department of Home Economics
Ms. Lydia Lou Roper, Instructor of Home Economics, effective
May .31, 1976. Ms. Roper has accepted employment at another uni
versity.
8. Department of School Services
Ms. Judith A. Newsome, Assistant Professor of School Services,
effective July 9, 1976. Ms. Newsome has resigned for personal
reasons.
9. Department of Sociology
Ms. Michele L. Johnson, Instructor of Sociology, effective May 31,
1976. Ms. Johnson resigned for personal reasons.
10. University Library
Ms. Ann Prassel, Humanities Librarian, effective May 31, 1976.
Ms. Prassel has completed her temporary contract.
Ms. Brenda Joyce Mathers, Acquisitions Librarian I, effective
July 9, 1976. Ms. Mathers is moving from the Nacogdoches area.
11. Student Affairs
Mrs. Karen Langford, Administrative Secretary, Vice President for
Student Affairs, effective June 30, 1976. Mrs. Langford is moving
to Stafford, Texas.
Ms. Jennifer Sue Larson, Intramural Supervisor, Department of
H.P.E., effective June 30, 1976. Ms. Larson left to take a position
at another institution.
12. Physical Plant
Mr. Jerry C. Long, Custodial Supervisor II, effective April 30,
1976. Mr. Long accepted other employment.
76-59
Upon motion of Regent Golden, seconded by Regent Justice, with all members
voting aye, it was ordered that the following changes in status be approved:
1. Department of Accounting
Ms. Sharon Graves, Instructor of Accounting, from a 50% time appoint
ment at $5,000 to 100% time at a salary rate of $11,000, effective
Fall Semester, 1976.
Ms. Peggy Self, Instructor of Accounting, from 50% time appointment
at $5,000 to 100% time at a salary rate of $11,000, effective Fall
Semester, 1976.
33-9
10
Dr. John D. Whitt, Professor of Accounting, to Professor of Ac
counting and Acting Department Head at a salary rate of $21,750 for
nine months beginning with the Fall Semester, 1976.
2. Department of Biology
Mr. William N. Jackson, Supervisor of Stores, from $8,900 to
$9,850 for twelve months, effective Fall Semester, 1976. The new
salary is more in keeping with Mr. Jackson's responsibilities.
3. Department of Health and Physical Education
Dr. Lucille Norton, Professor of Women's Health and Physical
Education, from 100% time to 25% time at a nine month salary rate of
$5,687.50 effective Fall Semester, 1976.
4. Department of School Services
Ms. Vera G. Graham, Assistant Professor of School Services, from
100% to 50% time at $7,500, effective Fall Semester, 1976. Ms.
Graham will teach half-time at the Garland Teaching Center while
enrolled in a doctoral program at North Texas State University.
5. Physical Plant
Mr. John A. Grier, from a Plumber on an hourly basis to a Plumbing
Foreman at a salary rate of $11,208 for twelve months, effective
July 1, 1976.
76-60
Upon motion of Regent Golden, seconded by Regent Bryce, with all members
voting aye, it was ordered that the following requests for leaves of
absence be approved:
1. Department of General Business
Dr. Chester Lee Allen, Assistant Professor of General Business,
effective 1976-77 academic year. Dr. Allen will serve as Visiting
Professor of Finance at Virginia Tech.
2. Department of Home Economics
Ms. Mary Kate Weems, Instructor of Home Economics, effective Fall
Semester, 1976 only. Ms. Weems is requesting maternity leave.
3. Department of Political Science
Dr. Wayne Earl Johnson, Associate Professor of Political Science/
effective 1976-77 academic year. Dr. Johnson has received a
National Endowment for the Humanities Fellowship at Princeton Uni
versity.
33-10
11
4. Department of School Services
Ms. Hettie F. Legg, Instructor of School Services, effective Fall
Semester, 1976 only. Ms. Legg is requesting maternity leave.
76-61
Upon motion of Regent Justice, seconded by Regent Powers, with all members
voting aye, it was ordered that the following retirement be accepted:
1. Department of Mathematics
Ms. Billy Ruth LeBouf, Instructor of Mathematics, effective May 31,
1976.
76-62
Upon motion of Regent Justice, seconded by Regent Cullum, with all members
voting aye, it was ordered that the following adjustments to voluntary
service charges be made:
1. Motor vehicle registration permits will be increased from $10 to $12
per vehicle for twelve months, with a limit of two vehicles per
individual. The fee for summers only will remain S3 per vehicle
for one or both six-week sessions.
2. The voluntary Health Service Fee will be increased to $15 per student
per semester in the Fall or Spring and will remain $5 for each six-week
summer session.
76-63
Upon motion of Regent Bryce, seconded by Regent Gray, with all members
voting aye, it was ordered that the following budget adjustments for fiscal
year 1976 be approved:
1. Education and General Funds:
Purpose . Amount
Opr. Exp. of Practice Teaching $ 1,600
Time Base Corrector Device 3,650
Hourly Labor $ 2,300
Supplies for Riflery 576
Tennis Nets 557 3,433
Elem. Music Teacher Workshop 3,750
Color Porta Pak Camera 5,600
Summer Field Course 1,000
Petrographic Microscopes (2) 5,000
Travel for Coordinating Bd. Study 800
Hourly Auditorium Supervisor Wages 1,000
Feeds, Fertilizer, etc. 5,000
33-11
12
Account Purpose
k. 1405 Personnel Ser
vices
1. 1900 Stone Fort Mu
seum Hourly Attendants* Wages
m. 1301 President Travel
Total Additions to Above Accounts
Amount
Hourly Student Assistant Wages $ 1,000
1,000
2,000
($34,833)
2. Auxiliary Enterprise Funds:
Account
a. 5090 Student Publi
cations
b. 5150 Student Govern
ment
c. 5180 Security
d. 5205 Bicentennial
Speakers
e. 5206 Fall Carnival
f. 5210 Forestry Camp
g. 5281 Soccer
h. 5300 Black Emphasis
Week
Purpose
Yearbook/Newspaper
Amount
$10,975
Hourly Wages, Other Oper. Expenses 2,000
New Police Car, Hourly Wages
Speakers f Fees
Temporary Electric Services
Student Activities
Travel Expenses
Art Show, Dance, Exhibits
Total Additions to Above Accounts
3. Pledged Properties1 Funds:
Account Purpose
13,678
2,000
300
500
200
2,000
($31,653)
Amount
a.
b.
Various Dorms
(1-18)
Various Apts.
(1-367)
c. 5616 Big Name Enter
tainment
d. 5620 University Center
Administration Repairs, Painting, Equipment
e. 5580 U. C. Cafeteria Hourly Wages
f. 5660 U. C. Beauty
Shop Wages for Operator
g. 5640 U. C. Games Area Hourly Student Labor
h. 5610 U. C. Vista Inn Hourly Student Labor
i. 5600 U. C. Bookstore Hourly Student Labor
Total Additions to Above Accounts
4. Utilities (Purchased):
Utilities, Supplies, Maintenance $100,000
Utilities, Supplies, Maintenance 40,000
Fees, Operating Expenses 48,390
10,200
18,900
3,500
800
5,000
5,000
($231,790)
a. For Classroom, General Service and Administration Bldgs. $150,000
b. For Student Activities1 Facilities (i.e., stadium, coli
seum, 24 tennis courts, playing fields, etc.) 25,000
Total Additions to Above Accounts
Source of Funds: Education and General Surplus
Auxiliary Enterprise Surplus
($175,000)
$150,000
$ 25,000
33-12
13
76-64
Upon motion of Regent Gray, seconded by Regent Wright, with all members
voting aye, it was ordered that the contract with T. G. Evans Company
of Nacogdoches, Texas, for renovations of dormitories for 3572,579 be
ratified as approved by the Building Committee in accordance with an
authorization in the Board Meeting of April 24, 1976. Source of Funds:
1962 Renovation Sinking Fund and Pledged Properties Surplus.
33-13
14
CONTRACT
THE STATE OF TEXAS
KNOW ALL MEN BY THESE PRESENTS
COUNTY OF NACOGDOCHES
THIS AGREEMENT, made this the Fourth day of June, 1976
by and between the BOARD OF REGENTS, STEPHEN K AUSTIN
STATE UNIVERSITY, NACOGDOCHES, TEXAS, acting herein through its
President, hereinafter called "Owner11 and T. G, EVANS COMPANY, P.O. BOX
763, NACOGDOCHES, TEXAS 75961
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
"RENOVATIONS DORMITORIES 7, 13, 14, MAYS HALL (DORM. 11) AND
GIBBS HALL (DORM. 8), 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.
2. The "General Conditions" of the Contract, the "Supplementary Conditions",
the Drawings and the Specifications, together with this Agreement,
33-14
15
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 "RENOVATIONS DORMITORIES 7, 13,
14, MAYS HALL (DORM. 11) AND GIBBS HALL (DORM. 8), STEPHEN F.
AUSTIN STATE UNIVERSITY"
sheet and section numbers as listed in Paragraph 1.1 of "Supplementary
Conditions"; and the following:
Addendum No. 1, dated May 3, 1976, Pages 1-3
Addendum No. 2, dated May 7, 1976, Page 1, Detail Sheet SM-1,
Drawing Sheets E-5 & E-6 (revised 5/76)
Addendum No. 3, dated May 10, 1976, Page 1
1. This Contract is to cover the General Contract Work,
Plumbing, Heating and Air Conditioning and Electric Work, com
plete . 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.
-2-
33-15
16
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 by August 15, 1976.
The Contractor further agrees to pay as liquidated
damages the sum of $100.00 per day for each consecutive calendar
day thereafter the work remains unfinished as specified in Paragraph
1.41 of "Supplementary Conditions" and in Proposal.
4. The Owner shall pay the Contractor for the performance of the
Contract, subject to additions and deductions provided herein,
SIX HUNDRED EIGHTY SIX THOUSAND FOUR HUNDRED SEVENTY SEVEN
DOLLARS AND NO/100 DOLLARS ($686,477.00)
$413,000.00 will be out of 1962 Housing System Renovation Funds
and the balance of this sum will be from pledged property surplus 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 - $686,477.00
-3-
33-16
17
The Owner shall make payments on 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 materials 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
-4-
33-17
18
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.
-5-
33-18
19
Surety Companies shall be on approved list of U. S.
Treasury Department of "Companies holding Certificates
of Authority from the Secretary of the Treasury under
the Act of Congress Approved July 30, 1957, as
Acceptable Sureties on Federal Bonds" and within the
Underwriting limitations listed therein for any single
risk.
Bond shall comply with requirements of all state laws;
including those of Article 5160 Revised Civil Statutes
of Texas, 1925, as amended by House Bill 344, Acts
56th legislature, Regular Session, 1959, effective
April 27, 1959.
6. The Contractor shall effect, pay for and maintain during
the life of this Contract insurance acceptable to the Owner,
conforming to the following schedule:
a) Compensation and Employer's Liability Insurance:
As required by the laws of the State of Texas; Employer's
Liability Insurance, $500,000.00.
b) Comprehensive General Liability Insurance and Auto
mobile Liability Insurance: In an amount not less than
$500,000.00 for injuries, including personal injury or
accidental death
33-19
-6-
20
to any one person, and in an amount not less than
$500,000.00 on account of one occurrence; Property Damage
Insurance in an amount not less than $300,000.00,
c) Include Broad Form Property Damage Insurance. Remove
"XCU" Exclusions (Explosion, collapse, underground
property damage) . Include damage to underground wiring,
conduits, piping.
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.
-7-
33-20
21
f) Before commencement of operations hereunder, Con
tractor shall furnish to the Architect, photostatic copies
of the above mentioned insurance policies, together with
a certificate from the insurance carrier that the insurance
will not be cancelled or permitted to lapse until fifteen
(15) days written notice of said impending cancellation
has been given to the Owner.
7. Builder's Risk Insurance: The Owner shall provide Builder's Risk
Insurance (Fire, extended coverage, vandalism and malicious mischief)
as specified in Paragraph 1.5 of Specifications on a 100% completed value
basis in the names of the Contractor, Subcontractors, Owner and
Architect, as their interests appear.
The Owner will purchase and maintain such Steam Boiler Insurance
as may be required by the Contract Documents or by law. This insurance
shall include the interest of the Owner, the Contractor and Subcontractors
as their interests appear.
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.
-8-
33-21
22
For purposes of complying with the State of Texas Sales Tax,
the following is a division between labor and materials:
Labor
Materials }Z^, ^7- V®
Total $686, 477.00
-9-
33-22
23
IN WITNESS WHEREOF, the parties of these presents have ex
ecuted this Contract in four (4) counterparts, each of which shall be deemed
an original in the year and day first above mentioned.
SEAL BOARD OF REGENTS
STEPHEN F . AUSTIN STATE UNIVERSITY
SEAL
T. G. EVANS COMPANY
P.O. BOX 763
NACOGDOCHES, TEXAS 75961
Address
READ AND EXA
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.
33-23
CERTIFICATE OF
INSURANCE
AIA DOCUMENT G70r>
24
NAME & ADDRESS OF
^ ^ustan State IJn
Renovations Dorms 7, 8, 11.
Nacogdoches,Texa
(Owner)
of .Regents, Stephen F.
Perry Building
LLufkin, Texas 759 01
KIND OF INSURANCE
June 2. 197fi
1. (a) Workmen's Comp
(bb) Employers' Liabili 46WH50672
V2. Comprehensive
General Liability | 4-6PNC64-08
8/15/75-76 Statutory Workmen's Compen
One Accident and Aggregate Disease
1 8/15/75-76 . Each Occurrence—Premises and Of
000. Each Occurrence Independent Contractors
^^ " ■
wv-x-um^micmutrpenoent i^oni
000 . Each Occurrence—coMP^mpoperations
nnn r., ^ and products
' (a) Bodily Injury
000. Each Occurrenc
(b) Personal Injury
• Each Person Aggregate
8/15/75-76
8/15/75-76
000, General Aggregate
« Each Occurrence
(c) Property Damage 000, Each Occurrence— \,\.ui IV.I IV,
UOO.EachOrrnrrPnr COMPLETED OPERATIONS
000. Each-Occurrence—C
000,Aggregat
000, Aggregat 3. Comprehensive
Automobile Liability
(a) Bodily Injury
(b) Property Damage
4. (Other)
$500,000. EachPerson-
$.500,000.
$ ^00,000, Each
UNDER GENERAL LIABILITY POLICY OR POLICIES
3. \s Broad Form Property Damage Coverage provided for this Project?
Yes
5. .s^coverage^provided forContrac.ua. Liability (including indexation 'prov.sion/ assumed 'bv
UNDER AUTOMOBILE LIABILITY POLICY OR POLICIES
1. Does coverage above applv to non-owned and h.red automobiles. X
1. Is Occurrence Bas.s Coverage prov.ded under Property Damage Liability?
Hartford Casualty Znsuranne Compa
IANCELLATION OR NON-RENEWAL
n the event of cancellation or non-renewal of any of the
orejjomg. Uhccn (15) days written notice shall be Len to
he party to whom this certificate is addressed
XTENT OF CERTIFICATION
larai z^ iu,re«fzrnisn,rcor
*ZJT T,l a",Cr' thal?«c'' m"d'(V "r «tend"ny ,,(X roMsions or me above oolicies.
33-24
PAYMENT BOND
25
(To be used in Texas as required by Chapter 93 of
the Regular Session of the 56th Legislature of Texas)
THE STATE OF TEXAS
COUNTY OF NACO3DCCHES
KNOW ALL MEN BY THESE PRESENTS: That we
(!) T. G. EVANS COMPANY ■
aP(2) individual
of Nacogdoches, Texas hereinafter called Principal and
(3) TRINITY UNIVERSAL INSURANr.r/C0MPAofY , c.1tv of
State o£ Texas hereinafter called the Surety,
are held and firmly bound unto (4) 2CARD CF REGENTS.
STEPHEN F. AUSTIN STATE UNIVERSITY
hereinafter called Owner, unto all persons, firms, and corpora
tions who may furnish materials for, or perform labor upon the
building or improvements hereinafter referred to in the penal sum
of Five Hundred Seventy Two Thousand Five Hundred Seventy Nine and
NO/10° DOLLARS ($ 572,579.00 )
in lawful money of the United States, to be paid in (5)
NACOGDOCHES COUNTY. TEXAS for the payment of which sum
well and truly to be made, we bind ourselves, our heirs,
executors, administrators and successors, jointly and severally,
firmly by these presents.
THE CONDITION OF THIS OBLIGATION is such
that Whereas, the Principal entered into a certain contract with
(6) BOARD OF REGENTS,. STEPHEN F. AUSTIN STATE
UNIVERSITY , the Owner, ~
26
-2-
dated the 4th day of June, , A. D., 19 76
a copy of which is hereto attached and made a part hereof for the
cons true tion of ^Renovations Dormitories 7. 13. 14. Mays Hall (Dorm. 11)
and Gibbs Hall(Dorm. 8), for Stephen F. Austin State University,
Nacogdoches, TexaiT
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 56ch 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, Revised Civil Statutes, 1925, as
amended by House Bill 344, Acts 56th Legislature, Regular
Session, 1959.
PROVIDED FURTHER, that if any legal action be
filed upon this bond, venue shall lie in Nacogdoches, County
State of Texas, and that the said Surety, for value received hereby
stipulates and agrees that no change, extension of time, alteration
or addition to the terms of the Contract or to the work to be 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 aodition 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 r^ht
of any beneficiary hereunder, whose claim may be unsatisfied
33-26
-3-
27
s=
ATTEST:
(Principal)Secretary
T. G. EVANS COMPANY
SEAL
Tyipr, Texas
Address
Witness <Ss to Principal
ATTEST:
(Surety) Secretary
TRINITY UNIVERSAL INSURANCE COMPANY
) // Surety
By
■#.-:.
Witness tfs to SS urety
Tyler, Texas
Address
NOTE: Date of Bond must not be prior to date of Contract.
(1) Correct name of Contractor
(2) A Corporation, A Partnership or an individuals
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.
33-27
2 o
PERFORMANCE BOND
(To be used in Texas as required by Chapter 93 of
the Regular Session of the 56th Legislature of Texas)
THE STATE OF TEXAS
COUNTY OF_ JJACOGDOCHES
KNOW ALL MEN BY THESE PRESENTS: That we (j)
T. 6. EVANS COMPANY
"
of (2) Nacogdoches, Texas , . ,
~ —— .—_ , hereinafter called
Principal and (3) TRINITY UNIVERSAL INSURANCE COMPANY of
City of Dallas. State of Texas
hereinafter called the Surety, are held and firmly bound into (4)
BOARD_OF_REGENTS, STEPHEN F. AUSTIN STATE UNIVERSITY
hereinafter called Owner, in the penal sum of Five Hundred Seventy Twn
Thousand Five Hundred Seventy Nine and No/100 - - ...
DOLLARS ($ 572,579.00 y in lawful mcney of ^
States, to be paid in (5) Nacogdoches County, Texas
for the payment of which sum well and truly to be made, we bind
ourselves, our heirs, executors, administrators and successors,
jointly and severally, firmly by these presents.
THE CONDITION OF THIS.OBLIGATION is such that
Whereas, the Principal entered into a certain Contract with (6)
gOARD^JRE^Nl^_STEPH_EN F. AUSTIN STATE UNIVERSITY.
the Owner, dated the 4th d f june
19__7<5 a copy of which is attached hereto and made a part hereof
for the construction of:: Renovations Dormitories 7, 13, 14, Mavs
Stall SnTJ landuGibb5 ^f00™- 8), for Stephen F.'Austin
State University, Nacogdoches, Texas .
33-28
29
(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.
33-29
-.3-
30
IN WITNESS WHEREOF, this instrument is executed in
four counterparts, each one of which shall be deemed an original,
thls the 4ih day of June , A.D., 19 76,
ATTEST:
(Principal)Secretary
B
T. G. EVANS COMPANY
Principal
SEAL
Witness a&r to Principal
Tyler, Texas
Address
ATTEST:
(Surety) Secretary
TRINITY UNIVERSAL INSURANCE COMPANY
A11ornfey- fn-Fact
Witness 4k> to Surety
Tyler, Texas
Address
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
(*O Correct name of Owner
(5) County or Parish and State
(6) Owner
(7) If Contractor is Partnership, all partners
should execute bond.
33-30
31
76-65
Upon motion of Regent Gray, seconded by Regent Justice, with all members
voting aye, it was ordered that the Architectural Services Contract with
Kent-Marsellos-Scott for the Dormitories Renovations Project be ratified
as approved by the Building Committee in accordance with the authori
zation of the Board in session April 24, 1976.
33-31
32
CONTRACT FOR ARCHITECTURAL SERVICES
CITY OF NACOGDOCHES
THE STATE OF TEXAS
COUNTY OF NACOGDOCHES
THIS AGREEMENT made as of the Twenty Fourth day of April in
the year Nineteen Hundred and Seventy Six 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, certain modifications,
conversions, repairs, or maintenance work on buildings, utilities or other
campus work and such other miscellaneous services for which standard fees
would not be applicable, as the Owner may direct, 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:
33-32
33
a) Compensation for the Architect's Basic Services as described
in Paragraph 1.1 shall be as follows:
1. For direct personnel expense as defined in Article 4, the
hourly rates of salary costs times a multiplier of 2.5.
Salary cost for the Architect Principals shall be at the rate
of $14.00 per hour.
2. Invoice cost plus 25% for Professional Consultants.
Such payments and every payment herein provided shall
be from the same source of funds as the Building Project
and other funds available to the Owner for expenditure
for the use and benefit of Stephen F. Austin State University.
b) For the Architect's Additional Services as described in
Paragraph 1.3 Compensation for Principals, employees,
and consultants time as listed above for Basic Services .
c) For the Architect's Reimbursable Expenses, amounts
expended as defined in Article 5.
III. 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.
-2- '}'*_'}'}
34
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
-3-
33-34
35
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.
-4-
33-35
36
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.
33-36
37
tract Sum.
1.1.16
The issuance of a Certificate for Payment shaU constitute a representa
tion by the Architect ,„ the Owner, based on the Architect, observations
a. the site as provided in Subparagraph !,.»», ,he data comprising
the Appucation for Parent, tha, the Work has progressed to the point
heated; that to the best of the Architect, Wedge, inform
and belief, the qUali,y of the Work is in accordance with the Contract
Documents (subject to an evasion of the Work for conference with the
Contract Documents upon Substantial Completion, to the results of any
subsequent tests retired by the Contract Documents, to minor devia
tions from the Contract Documents correctable prior to completion, and
«o 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 tha, he has made any examination to ascertain how and for what
purpose the Contractor has used the moneys paid on account of the Con-
The Architect shaU be. in the firs, 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, decisions in matters relating
to artistic effect shall be final if consistent with the intent of the Con-tract
Documents.
-6- 33-37
38
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
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
-7-
33-38
39
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.
-8-
33-39
40
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.
-9-
33-40
41
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.
-10-
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42
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.
-11-
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43
2.6 The Owner shall furnish such legal, accounting, and insurance coun
seling services as may be necessary for the Project, and such audit
ing services as he may require to ascertain how or for what purposes
the Contractor has used the moneys paid to him under the Construction
Contract.
2.7 The services, information, surveys and reports required by Para
graphs 2.3 through 2.6 inclusive shall be furnished at the Owner's
expense, and the Architect shall be entitled to rely upon the accuracy
and completeness thereof.
2.8 If the Owner becomes aware of any default or defect in the Project or
non-conformance with the Contract Documents, he shall give prompt
written notice thereof to the Architect.
2.9 The Owner shall furnish information required of him as expeditiously
as necessary for the orderly progress of the Work.
ARTICLE 3
CONSTRUCTION COST
3.1 If the Construction Cost is to be used as the basis for determining the
Architect's Compensation for Basic Services, it shall be the total cost
or estimated cost to the Owner of all Work designed or specified by the
Architect. The Construction Cost shall be determined as follows, with
precedence in the order listed:
3.1.1 For completed construction, the cost of all such Work, including costs
of managing construction;
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44
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.
-13-
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45
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
-14- .
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46
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
-15-
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47
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 Partial payments on account of the Architect's Basic Services shall be made
monthly based on the Architect's Personal Services.
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%
-16-
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48
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.
-17-
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49
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
-18-
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50
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
-19-
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51
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.
-20-
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52
ARTICLE 12
EXTENT OF AGREEMENT
This Agreement represents the entire and integrated agreement
between the Owner and the Architect and supersedes all prior
negotiations, representations or agreements, either written or
oral. This Agreement may be amended only by written instrument
signed by both Owner and Architect.
ARTICLE 13
GOVERNING LAW
Unless otherwise specified, this Agreement shall be governed by
the law of the principal place of business of the Architect.
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53
NUMBER OR COUNTERPART COPIES
This Contract is executed in four counterparts.
IN WITNESS WHEREOF the parties hereto have made and executed this
Agreement, the day and year first above written.
BOARD OF REGENTS
STEPHEN F . AUSTIN STATE UNIVERSITY
By
President of the Board
ATTEST:
KENT, MARSELLOS AND SCOTT
ARCHITECTS -ENGINEERS
33-53
54
76-66
Upon motion of Regent Bryce, seconded by Regent Powers, with all members
voting aye, it was ordered that the contract with Navasota Roofing
Company of Navasota, Texas, for reroofing certain buildings for $46,627
be ratified as approved by the Building Committee June 1, 1976.
33-54
55
CONTRACT
THE STATE OF TEXAS
KNOW ALL MEN BY THESE PRESENTS
COUNTY OF NACOGDOCHES
THIS AGREEMENT, made this the %>4 day of June, 1976
by and between the BOARD OF REGENTS, STEPHEN F_;_ AUSTIN
STATE UNIVERSITY, NACOGDOCHES , TEXAS, acting herein through its
President, hereinafter called "Owner" and NAVASOTA ROOFING COMPANY,
BOX 350, NAVASOTA, TEXAS 77868
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
"ROOFING & SHEET METAL WORK 1976 - GIBBS HALL (DORM. 8), MAYS
HALL (DORM. 11) , WISELY HALL, DORM. 14, DORM. 13 & DORM. 10,
STEPHEN F. AUSTIN STATE UNIVERSITY, NACOGDOCHES, TEXAS"
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.
2. The "General Conditions" of the Contract, the "Supplementary Conditions",
the Drawings and the Specifications, together with this Agreement,
33-55
56
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 "ROOFING & SHEET METAL
WORK 1976 - GIBBS HALL (DORM. 8) ,MAYS HALL (DORM. 11),
WISELY HALL, DORM. 14, DORM. 13 & DORM. 10, STEPHEN F. AUSTIN
STATE UNIVERSITY, NACOGDOCHES, TEXAS11
sheet and section numbers as listed in Paragraph 1.1 of "Supplementary
Conditions"; and the following:
Addendum No. 1, dated March 30, 1976, Page 1
Addendum No. 2, dated April 5, 1976, Page 1
Addendum No. 3, dated April 6, 1976, Page 1
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.
-2-
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57
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 by August 15, 1976.
The Contractor further agrees to pay as liquidated
damages the sum of $50.00 per day for each consecutive calendar
day thereafter the work remains unfinished as specified in
"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,
FORTY SIX THOUSAND SIX HUNDRED TWENTY SEVEN AND NO/100
($46,627.00)
out of 1962 Housing System Renovation 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 - $46,627.00
-3-
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58
The Owner shall make payments on 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 materials 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
-4-
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59
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.
-5-
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60
Surety Companies shall be on approved list of U. S .
Treasury Department of "Companies holding Certificates
of Authority from the Secretary of the Treasury under
the Act of Congress Approved July 30, 1957, as
Acceptable Sureties on Federal Bonds" and within the
Underwriting limitations listed therein for any single
risk.
Bond shall comply with requirements of all state laws;
including those of Article 5160 Revised Civil Statutes
of Texas, 1925, as amended by House Bill 344, Acts
56th legislature, Regular Session, 1959, effective
April 27, 1959.
6. The Contractor shall effect, pay for and maintain during
the life of this Contract insurance acceptable to the Owner,
conforming to the following schedule:
a) • Compensation and Employer's Liability Insurance:
As required by the laws of the State of Texas; Employer's
Liability Insurance, $500,000.00.
b) Comprehensive General Liability Insurance and Auto
mobile Liability Insurance: In an amount not less than
$500,000 .00 for injuries, including personal injury or
accidental death
33-60
61
to any one person, and in an amount not less than
$500,000.00 on account of one occurrence; Property Damage
Insurance in an amount not less than $300,000.00.
c) Include Broad Form Property Damage Insurance. Remove
"XCU" Exclusions (Explosion, collapse, underground
property damage) . Include damage to underground wiring,
conduits, piping.
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.
-7-
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62
f) Before commencement of operations hereunder, Con
tractor shall furnish to the Architect, photostatic copies
of the above mentioned insurance policies, together with
a certificate from the insurance carrier that the insurance
will not be cancelled or permitted to lapse until fifteen
(15) days written notice of said impending cancellation
has been given to the Owner.
7• Builder's Risk Insurance: 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 Comprehensive
Builder's Risk Insrance on 100% of the insurable portions of the
project for the benefit of the Owner, the Contractor and all Sub
contractors as their interest may appear, for loss by fire, lightning,
windstorm, hurricane, hail, explosion, riot, civil commotion,
smoke, aircraft, land vehicles, vandalism and malicious mischief-including
structures, materials and equipment.
The Owner will purchase and maintain such Steam Boiler Insurance
as may be required by the Contract Douments or by law. This insurance
shall include the interest of the Owner, the Contractor and Subcontractors
8~ 33-62
63
as their interests 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 ^ ?V( X
Materials / 7? F /
Total $46,627.00
-9-
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64
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
By.
BOARD OF REGENTS
STEPHEN F . AUSTIN STATE UNIVERSITY
SEAL
NAVASOTA ROOFING COMPANY
BOX 350
NAVASOTA,TEXAS 77868
Address
READ AND EXAMINE
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.
33-64
65
PERFORMANCE BOND
(To be used in Texas as required by Chapter 93 of
the Regular Session of the 56th Legislature of Texas)
THE STATE OF TEXAS
COUNTY OF NACOGDOCHES
KNOW ALL MEN BY THESE PRESENTS: That we (j)
Navasota Roofing Company
of (2)
hereinafter called
Principal and (3) Meritplan & Balboa Insurance Company of
Newport Beach _State of California
hereinafter called the Surety, are held and firmly bound into (4)
BOARD OF REGENTS, STEPHEN F. AUSTIN STATE UNIVERSITY
hereinafter called Owner, in the penal sum of forty-six thousand, six
hundred twenty-seven and no hundreds
DOLLARS ($46,627.00 <» • i , ,
v — )> ln lawful money of the United
States, to be paid in (5) Nacogdoches County, Texas ,
for the payment of which sum well and truly to be made, we bind
ourselves, our heirs, executors, administrators and successors,
jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION is such that
Whereas, the Principal entered into a certain Contract with (6)
BOARD OF REGENTS, STEPHEN F. AUSTIN STATE UNIVERSITY.
the Owner, dated the % f dav of June > A
76 19 , a copy of which is attached hereto and made a part hereof
for the construction of- *. ,
mrlfnnha, o+ "^^f work on Qifebs & Mays Hall and Sheet Metal
work on balance - Stephen F. Austin University
33-65
66
- 2 -
(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.
♦».• k a PR°VIDED 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
33-66
67
IN WITNESS WHEREOF, this instrument is executed in four
counterparts, each one of which shall be deemed an original, this
the
29th
ATTEST:
SEAL
Witness as to Principal
.A.D., 19 7fi .
(Principal) Secretary ^
~ <^
(Address)
ATTEST:
{I
(Surety) Secretary
Carmella Walther
f
Meritplan & Balboa I ice Company
Attorney-in
A. W. Gray
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.
33-67
PAYMENT BOND
68
(To be used in Texas as required by Chapter 93 of
the Regular Session of the 56th Legislature of Texas)
THE STATE OF TEXAS
COUNTY OF NACOGDCCHES
KNOW ALL MEN BY THESE FRESENTS: That we
Navasota Rnpfing
a (2)_
of.
hereinafter called Principal and
(3) Meritplan Insurance & Balboa of Newport Beach
Insurance Company '
State of California hereinafter called the Surety,
are held and firmly bound unto (4) "CARS OF REGENTS
STEPHEN F. AUSTIN STATE HNIVERSITY
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 forty-six thousand, six hundred twenty-seven and no hundreds
, DOLLARS ($ 46,627.00 j
in lawful money of the United States, to be paid in (5)
NACOGDOCHES COUNTY, TEXAS . for the payment of which sum
well and truly to be made, we bind ourselves, our heirs,
executors, administrators and successors, jointly and severally,'
firmly by these presents.
THE CONDITION OF THIS OBLIGATION is such
that Whereas, the Principal entered into a certain contract with
(6) BOARD OF REGENTS, STEPHEN F. AUSTIN STATE
UNIVERSITY , ^ Owner>
33-68
69
-2-
dated the %~ ? dav of June
copy of which is hereto attached and made a part hereof for the
work on balance - Stephen F. Austin University
such that ifNthWpTHERET°u E' tHe C°nditiOn °f this obligation is such that, if the Principal shall promptly make payment to all
i; til 516° ^ d Ci^^tat:ute: o f
, as amended by House Bill tegular Session, 1959, Z
Cont^rTh \H ^ f *• work provided^rfn ^
Contract, then this obligation shall be null and void; otherwise,
it shall remain in full force and effect.
f*,.f t Jh!S b°nd iS made and entered into solely for the pro-secutTon
nf i mrntS SUpplying labor ^ materials in the p o-se.
ution of the work provided for in said Contract, and all such
claimants shall have a direct right of action under the bond
provide in Artxcle 5160, Revised Civil Statutes, 1925 as
T/^ ^°U BU1 344 A 6 Regular
as
filed „„„ ^u V]?ED FURTHER> ^ " ^ny legal action be
£ - T^ ' VenUS ShaU Ue in Nacogdoches County.
S ate of Texas, and that the said SuretyTToT^Te^Wed herLby
stipulates and agrees that no change, extension of time, alteration
or addition to the terms of the Contract or to the work Jo 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
°^drrthe terms °f the contract - -th *
PROVIDED FURTHER, that no final settlement
between the Owner and the Contractor shall abridge the right
of any beneficiary hereunder, whose claim may be unsatisfied
33-69
IN WITNESS WHEREOF, this instrument is executed in four
counterparts, each one of which shall be deemed an original, this
the
70
29th day of June
ATTEST:
(Principal) Secretary
SEAL
Witness as to Principal
A.D., 1976 .
rincipal S 1
(Address)
ATTEST:
(Surety) Secretary
Carmella Walther
Merltplan & Balboa Insurance Company
A. W. Gray
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.
33-70
CERTIFICATE OF
INSURANCE
AIA DOCUMLN! C,70r>
■" -
>How that the following described
c* ADDRESS OF INSURFI) NAVASOTA ROOFING COMPANY P
INC. fSHDW PunirrT nuiir i>*~£j ? ^ > * •
71
)jecl to their terms, conditions and
Box 350 N- t
Stephen F. Austin State. University
Addressee: ^.^
JrtEPHJSN F. AUSTIN STATE UNIVERSITY-]
acogdoches, '
J IN
Nacogdoches, Texas
KIND OF INSURANCE
1. (a) Workmen's Comp.
//Statutory Workmen's Compensation
p
(b) Employers/ Liability
2. Comprehensive One Accident and ARKregate Disease
General Liability EachJ3ccurrence— Premise and Operation
5-1-75/78
Each Occurrence—Independent Contractors
(a) Bodily Injury Cach Occurrenc
Each Occurrenc
(b) Personal Injury Each Person Aggregate
General Aggregate
Each Occurrenc Premises—Operation
(c) Property Damage Each Occurrence—
Each Occurrenc
Each Occurrenc
3. Comprehensive
Automobile Liability
(a) Bodily Injury
(b) Property Damage
(Other)
Each Person—
5-1-75/78 Each Occurrence
Each Occurrence
U hazards?
UNDER GENERAL LIABILITY POLICY OR POLICIES
1. Docs Property Damage Liability Insurance shown include coverage for XC and
2. s Occurrence Basis Coverage provided under Property Damage Liability?
3. Is Broad Form Property Damage Coverage provided for this Project?
Yes
fnsuroVf ■"".". °' '" ""'"X dil<K"y °' """'eC"V ""*" '° "* ^P'ovmm. ol such person by the
5. Is coverage provided for Contractual Liability '(including indemnification provision)' assumed by"
Insured''
UNDER AUTOMOBILE LIABILITY POLICY OR POLICIES
1. Does coverage above apply to non-owned and hired automobiles?
2. Is Occurrence Basis Coverage provided under Property Damage Liability?"
CANCELLATION OR NON-RENEWAL
In the event of cancellation or non-renewal of any of the
ionium*:, HMocn (15) days written notice shall bo uiven to
the party to whom this certificate is addressed
EXTENT OF CERTIFICATION
This ccrtific-att. is issued as a matter of information onlv and
confer, no r,Khls upon (he holder. By its issuance the com
pany does not alter, change, modify or extend any of the
provisions of the above oolicies.
NAME OF INSURANCE COMPANY
Chicago
Company
PAGf
33-71
72
76-67
Upon motion of Regent Justice, seconded by Regent Bryce and Golden, with
all other members voting aye, it was ordered that the fiscal year 1978-79
Biennium Legislative Appropriation Request, for an aggregate appropriation
of $19,882,449 for fiscal year 1978 and $20,423,056 for fiscal year 1979,
be approved as submitted under separate cover.
76-68
Upon motion of Regent Powers, seconded by Regent Golden, with all members
voting aye, it was ordered that Regent Bryce be appointed Chairman and
Regents Justice and Gray be members of a special committee to study the
future project of a landfill of the intramural playing fields, for which
funds are requested in the Biennium Legislative Appropriation Request for
fiscal years 1978 and 1979.
76-69
Upon motion of Regent Gray, seconded by Regent Wright, with all members
voting aye, it was ordered that the University be authorized to obtain
bids on a Water Main Extension fron the existing end of the line on
Wilson Street (new agriculture building) to Starr Avenue, and authorize
the Building Committee to approve the contract before the next regular
meeting. Source of Funds: Plant Fund Surplus
76-70
Upon motion of Regent Justice, seconded by Regent Wright, with all members
voting aye, it was ordered that the decision to employ a professional
consultant to update the University1s Campus Master Plan be tabled and
assigned to the Building Committee for their advice to the entire Board.
76-71
Upon motion of Regent Bryce, seconded by Regent Wright, with all members
voting aye, it was ordered that the following Change Orders to construc
tion contracts be approved and the Chairman of the Board be authorized to
sign the Change Orders.
1. Change Order No. 1 Simon Traylor § Sons, Inc. for changes
to paving south of University Center $3,094.00
2. Change Order No. 1 Rhonesboro Contractors, Inc. for
changes to Lanana Creek area flood
control improvements $4,683.00
76-72
Upon motion of Regent Justice, seconded by Regent Golden, with all members
voting aye, it was ordered that the following budget revisions for FY77 be
approved:
Original Revised
Estimated Income (351) $ 68,500 $ 78,364
Estimated Expenditures (1105) $ 69,040 $ 78,364
33-72
73
1001 Dempsey 100/12
1002 Hibbard 100/12
1004 Patterson 100/12
1005 McDowell 50/12
1006 Weyland 50/12
5000 Hourly Wages
9001 Operation and Maintenance
76-73
Upon motion of Regent Justice, seconded by Regent Golden, with all mem
bers voting aye, it was ordered that Regent Wright be appointed chairman
of a committee to study and proceed with what is necessary to provide
properly for the requirements of the painting and repairs of the Presi
dent's residence, and that Regent Wright choose two other members to
assist her.
76-74
Upon motion of Regent Gray, seconded by Regent Justice, with all members
voting aye, it was ordered that the University be authorized to comply
fully with the new requirements of the National Pipeline Safety Act by
getting professional engineering and bids for the required needs.
76-75
Upon motion of Regent Bryce, seconded by Regent Powers, with all members
voting aye, it was ordered that the Building Committee be used to partici
pate in the final inspection of completed projects of new or reno
vated buildings.
33-73
74
76-76
Upon motion of Regent Cullum, seconded by Regent Powers, with all members voting
aye, it was ordered that the following curriculum items, approved by the Uni
versity Undergraduate and Graduate Curriculum Committees, be approved:
COURSES ADDED: (Curriculum Committee)
Department and Number
English-Philosophy 205
Health & Physical Education 251
Health & Physical Education 258
Health & Physical Education 335
Health & Physical Education 341
History 476
Home Economics 353
Modern Languages, French 430
Modern Languages, French 435
Music 324
Music 459
Psychology 395
Psychology 490
Theatre 141
Theatre 241
Theatre 431
Hours
Title Credit
Philosophy of World Religions 3
American Square & Couple Dance 2
Intermediate Dance Technique 2
Health Education for Today 3
History & Philosophy of Dance 3
Advanced Independent Studies in 1-3
History
Parenting 3
Contemporary French Life 3
Special Studies in French 3
Choral Conducting 3
Piano Literature 3
Environmental Psychology 3
Clinical Assessment Methods 3
Stage Movement I 2
Stage Movement II 2
Costume Design 3
COURSES TO BE REVISED: (Curriculum Committee)
Department and
Number
Chemistry 470 A,B,C,D
Chemistry 475 A,B,C
Chemistry 476 A,B,C
Elementary Education 230
Elementary Education 328
Elementary Education 331
Elementary Education 332
Title and Credit
Seminar (1)
Special Problems (3)
Special Problems (3)
Reading Skills in the
Elementary Schools (3)
Kindergarten Education
(3)
Learning and the Young
Child (3)
The Young Child (3)
New
No. New Title and Credit
470 Seminar (1)
A,B,C,D
475 Special Problems (1),
A,B,C (2), or (3)
476 Special Problems (1),
A,B,C (2), or (3)
230 Skills for Reading (3)
328 Early Childhood
Education (3)
331 Helping Young Children
Learn I (3)
332 Helping Young Children
Learn II (3)
33-74
COURSES TO BE REVISED (Continued)
75
Department and
Number
History 412 A,B
Military Science 101
Military Science 112
Military Science 202
Psychology 495
School Services 230
Sociology 400
Sociology 488
Introduction to Small 112
Unit Problems and
Tactics (2)
Operations (2) 202
Developmental Psycho- 495
pathology (3)
Articulation, Voice & 230
Phonetics (3)
Institutional & Non- 400
Institutional Care
of the Elderly (6)
Internship in 488
Criminal Justice (3)
New Title and Credit
Studies in European
History— (A) Ancient
and Medieval (B)
Modern (3)
Introductory Military
Science & Rifle Marks
manship (2)
Introduction to Defense
Organization, Leadership
and Tactics (2)
Map Reading & Land Navi
gation (2)
Developmental Psychopath-ology
(3)
Articulation & Phonetics
(3)
Institutional & Non-
Institutional Care of
the Elderly (6)
Internship in Criminal
Justice (3)
COURSES TO BE DELETED: (Curriculum Committee)
Department and Number
Modern Languages, French 331
Modern Languages, French 402
Modern Languages, French 403
Modern Languages, French 404
COURSES TO BE REVISED (Graduate Council)
Title and Credit
French Civilization (3)
French Literature from 1800
1850 (3)
French Literature from 1850
1914 (3)
French Classicism (3)
PhysicS510, Advanced Project Physics (2-4 sem. hrs.). Change to
allow variable credit.
Physics 513, Laboratory and Demonstration Experiments in Physical
Science (2-4 sem. hrs.). Change to allow variable credit.
76
COURSES TO BE REVISED (Continued)
COURSES TO BE ADDED: (Graduate Council)
Department and No. Title Hours Credit
Elementary Education 500 Reading Workshop (1-3)
The following low enrollment classes are reported:
School of Business
Computer Science 211
Management 380
School of Education
Elem.
Elem.
Elem.
Elem.
Ed,
Ed,
Ed,
Ed.
401
463.1
464.1
512.1
H.P.Ed. 231
Sch. Serv. 403.1
Sch. Serv. 403.2
Sch. Serv. 385.1
Sch. Serv. 403.5
Sch. Serv. 403.4
9 students
9 students
9 students
6 students
6 students
3 students
9 students
5 students
6 students
1 student
3 students
4 students
33-76
77
School of Forestry
Forestry 340.1
School of Liberal Arts
German 131
Spanish 426
- 9 students
- 8 students
- 8 students
School of Sciences and Mathematics
Mathematics 419
Geology 520
Physics 105
Physics 131
- 8 students
- 4 students
- 7 students
- 9 students
The meeting adjourned at 12:00 noon.
33-77