MINUTES OF
Board of Regents
of
Stephen F. Austin State University
VOLUIIE- NO. 9
December 18, 1971
Minutes of the Meeting of the Board of Regents of
Stephen F. Austin State University
held in Nacogdoches, Texas
December 18, 1971
VOLUME NO. 9
Page
72-25 Approval of Contract to Construct Vending
Operation Building 9-2
72-26 Approval of Contract to Construct Stadium 9-25
72-27 Approval of Contract for the Renovation of
the Austin Building - Phase IV 9-41
72-28 Approval for the Demolition and Removal of 9-59
Substructures Below Existing Bleachers
72-29 Tabling of Proposal for Utility Line Easement 9-59
to Texas Power § Light Company and Appointment
of a Committee to Consult with Texas Power §
Light Company
MINUTES OF THE MEETING OF THE BOARD OF REGENTS OF
STEPHEN F. AUSTIN STATE UNIVERSITY
HELD AT NACOGDOCHES, TEXAS.
December 18, 1971
The meeting was called to order by R. E. McGee, Chairman of the
Board of Regents, at 1:00 p.m., December 18, 1971.
PRESENT:
ABSENT:
PRESENT:
Members: Mr. R. E. McGee of Houston
Mr. Robert C. Gray of Austin
Mrs. Lera Thomas of Houston
Mr. Walter Todd of Dallas
Mr. Roy Maness of Beaumont
Mr. Joe Bob Golden of Jasper
Mr. Sam Tanner of Beaumont
Mr. James I. Perkins of Rusk
Member: Mr. Douglas Bergman of Dallas
Mr. C. G. Haas of Nacogdoches, Secretary
Dr. R. W. Steen, President of the University
72-25
Upon motion of Regent Tanner, seconded by Regent (Iray, with ail
Regents voting aye, it was ordered that the contract with L.
Richardson § Sons of Lufkin, Texas, in the amount of $54,000
for the construction of a building for the campus vending operations
be approved and the Chairman of the Board be authorized to sign the
contract, as follows:
9-2-
CONTRACT
THE STATE OF TEXAS j
j KNOW ALL MEN BY THESE PRESENTS
COUNTY OF NACOGDOCHES \
THIS AGREEMENT, made this the 5th day of November _, 1971
by and between the BOARD OF REGENTS, STEPHEN F. AUSTIN
STATE UNIVERSITY, NACOGDOCHES, TEXAS, acting herein through its
President, hereinafter called "Owner11 and L. RICHARDSON &
SONS, INC. LUFKIN, TEXAS hereinafter called "Contractor11.
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
SFA VENDING, STEPHEN F. AUSTIN STATE UNIVERSITY,
NACOGDOCHES, TEXAS, prepared by Kent, Marsellos & Scott* Arch
itects - 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 this 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, form the Contract, and they are as fully a part of
the Contract as if hereto attached or herein repeated. The following
is an enumeration of the Specifications and Drawings:
Drawings and Specifications entitled SFA VENDING. STEPHEN F.
AUSTIN STATE UNIVERSITY. NACOGDOCHES, TEXAS, sheet and
section numbers as listed in Paragraph 1. 1 of "Supplementary
Conditions" and the following:
Addendum No. 1 dated October 25, 1971 - Page 1
1. This Contract is to cover the General Contract work, and
storm drainage work, complete. The said Drawings, and
each and all 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 Agree
ment shall control and govern.
2. The work called for and included in this agreement is to be done
under the direction of the Architect above named and his deter
mination of the true meaning and proper construction of the
Specification shall be considered as final.
3. The work to be performed under this Contract shall be commenced
9-4-
on or before a date to be specified in a written "Work Order11,,
and shall be fully completed as follows:
Substantially complete the project within 70 conse
cutive calendar days thereafter.
The Contractor agrees to pay as liquidated damages the sum of
$100*00 per day for each consecutive calendar day the work
remains unfinished after the above date as specified in Paragraph
1.58 of "Supplementary Conditions", "Information for Bidders",
and "Proposal".
4. The Owner shall pay the Contractor for the performance of the
Contract, subject to additions and deductions provided herein,
out of Funds from Pledged Property Surplus Funds, available to
Stephen F. Austin State University the sum of:
SIXTY THREE THOUSAND FOUR HUNDRED SIXTY AND NO/100
DOLLARS ($63,460.00)
The basis of the above Contract Price is as follows:
Base Bid $ 63*360. 00
Alternate #1 Add + 100. 00
Contract Amount $ 63,460.00
9-5-
The Owner shall make payments on account oi the Contract as
provided therein as follows: On or about the fifteenth of each
month ninety percent (90%) of the value, based on the Contract
Price of labor and materials incorporated in the work and of
materials suitably stored at the site thereof up to 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 satisfactory progress is being made, may make any of the
remaining progress payments in full. Final payment shall be due
thirty days after substantial coinpletion 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 acceptance, 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 has been completed and is accept
able to him under the terms and conditions thereof, and that the
9-6-
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 indebted
ness 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 repay Owner
all outlay and expense which Owner may incur in
making good any default.
2. That Contractor shall pay all persons who have con
tracts directly with Contractor for labor and materials
save which persons shall have a direct action ac*ain-;t
Contractor and the surety on his bond, subject to
Owner*s priority.
Surety Companies shall be on approved list of U. S*
Treasury Department of "Companies holding Certificates
9-7.
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, $100, 0QQ. pp.
b) g^ic Liability Insurance: In an amount not less than
$30P,00P.Q0 for injuries, including accidental death to
any one person, and subject to the same limit for each
person; and in an amount not less than $500, 0QQ. QQ otI
account of one occurrence; Property Damage Insurance in
an amount not less than $1QQ. OOp. ppt each occurrence
$300, 000. pp aggregate.
9-8-
c) Automotive Public Liability and Property Damage Insurance:
Covering all automobiles and motor vehicles used in
Contractor^ operations on the campus of the University in
an amount not less than $300, 000. 00 for injuries including
death to any one person and subject to the same limit for
each 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 each occurrence.
d) ±nclade Broad Form Property Damage Insurance: Remove
"XCV" Exclusions (Explosion, collapse, underground
property damage). Include damage to underground wiring,
conduits, piping.
G) C^ractual 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
$300, 000. 00 (each person)
$500,000.00 (each occurrence)
2. Property Damage
$100, 000. 00 (each occurrence)
$300,000.00 (aggregate)
9-9-
f) Completed Operations Insurance; Continue coverage in
force for one year after completion of the work*
g) BuilderTs Risk Insurance: The entire project is at the Con
tractor^ risk. Provide Builder!s Risk Insurance as specified
in Paragraph 1. 6 of Specifications.
h) Indemnify, protect and hold harmless the Owner and
Architect and their agents and employees from any and
all claims, demands, acts of destruction, loss or damage
to property, injury to or death of Contractor^ employees.
Owner's employees, and any and all persons whomsoever
growing out of, or in any way connected with Contractor^
operations upon the campus of the above described Univ
ersity. Before commencement of operations hereundert
Contractor shall furnish to the Architect, photostatic
copies of the above mentioned insurance policies, together
with a certificate from the insurance carrier that the insur
ance will not be cancelled or permitted to lapse until
fifteen (15) days written notice of said impending cancella
tion has been given to the Owner,
7. 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.
9-10-
8. For purposes of complying with the State of Texas Sales Tax, the
following is a division between labor and materials:
Labor $ 19, 040. 00
Materials 44, 420. 00
Total 63,460.00
9-11-
IN WITNESS WHEREOF, the parties of these presents have ex
ecuted this Contract in four (4) counterparts, each of which shall be
deemed an original in the year and day first above mentioned.
SEAL BOARD OF REGENTS
STEPHEN F. AUSTIN STATE UNIVERSITY
By.
Witness
By.
President
SEAL
L. RICHARDSON & SONS, INC.
LUFKIN, TEXAS
Contractor
Witness
READ AND EXAMIN
Secretary
Board of Regents, Stephen F* Austin State University
APPROVED AS TO FORM:
ATTORNEY GENERAL OF TEXAS
Assistant
(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.
9-12-
CHANGE
ORDER
AIA DOCUMIN! C701
OWNER
ARCHITECT
CONTRACTOR
nri.n
oimir
PROJECT: SFA Vending* Stephen F. Austin State University
(name, address) Nacogdoches, Texas
TO (Contractor)
'L». Richardson and Sonst Inc.
~\ ARCHITECTS PROJECT NO: 3315
CONTRACT FOR: General Contract
Lufkin* Texas 75901
|_ _J CONTRACT DATE: November 5, 1971
You are directed to make the following changes in this Contract:
See Attached List
63t 460.00
0
63,460.00
9,460.00
54,000.00
< 0
The original Contract Sum was . . $
vlet change by previous Change Orders - $
The Contract Sum prior \o this Change Order was $
•rhe Contract Sinn will be (increased) (decreased) (unchanged) by i!v~ Change. Order ... $
"he new Contract Sum including this Change Order will be . . . $
"he Contract Time will be (increased) (decreased) (unchanged) by ( q ) Days,
"he Date of Completion as of the date of 'his Change Order tluvei'oie is
Stephen F. Austin
L. Richardson & Sons, Inc. State University
CON !U» ACTOR ""
1406 N. Raguet
Address Add re-,s
Lufkirij. Texas 75901 Nacogdoches, Texas 75961
c
Marsellps and Scott
ry Building
iddross
Lufkin, Texas 75901
DATf
9-13-
->ATE OF ISSUANCI-
11/5/71
[A DOCUMlfMT G70J - CilANCF. OR'.jLU • :»f:!v!lMBER ;%
MERICAN INSTITUTE OF ARCHITECTS, 1715 Nl-W YORK AVE., NVV, WAS! ilNc'iVOK'iV.C SJfM.
1 A!! 11/5/71.
C!iAN'..;t: i)\UJE\i NUMBER
OKI J'At;i"
CHANGE ORDER LIST
SFA VENDING
1. Cut width of driveway (North and South dimension) by 20* - 0"#
2# Omit Lean - To portion of metal building. Substitute 10* standard
overhang for rear 501 - 0M of building.
3. Cut north and south dimension on Dock 113 to 24! - 0n from metal
building. Omit fence at that location.
4. Cut grade beam depth on west, north and east sides of building to 20fl
with 3 #5 bars continuous top and bottom; with 3/811 stirrups 3!-0lf o. c.
Fill so that exterior finish grades on west, north and east are l!-0M
below finish floor. Fill shall extend 6t-011 from building and then slope,
at not steeper than a I1 vertical to 41 horizontal slope, to present grade.
Compact as specified in u0223 - Soil Compaction*1. On south side of
building grade so that there is a 30M dock height at the west side of Dock
113 and an 18n dock height at Loading 112.
Grade beam height on south side shall be to suit exterior grades.
Omit Dyfoam
Omit Drilled Piers
5. Metal building shall have I11 thick styrofoam insulation on walls and
1-1/2" CF304 insulation on the roof, on the north wall of Storage 109,
Store 105, and Kitchen 102 and on the west walls of Kitchen 102, Office
103 and Office 104, and on the south wall of Office 104 install, in addition
to the ll! styrofoam, 4n thick batts.
9-14-
Page-1-.
In the following partitions install 4M thick rock wool or fibcrglas batts:
East walls of Storage 109., Office 103 and Office 104; South walls of
Storage 109; and North wall of Janitor 107. Over the ceiling of Storage
109 install 2n vinyl back insulation over top of joists.
Install 4n thick batts over the following ceilings; Kitchen 102, Office 103,
Office 104, W. H. 106 and Store 105.
4I! thick batts shall be rock wool or fiberglas with vapor barrier on side
next to heated area.
6. Ceiling height to joists of Storage 109, Store 105, W. H. 106, Kitchen 102,
Office 103, Office 104, Janitor 107 and Office 108 shall be 8* - 0!l. Use
2n x 12" wood joists at 2l-0M o. c. over ceiling. Floor on top with 3/4"
thick unsanded plywood sheathing.
Partitions around those rooms shall not extend to roof deck.
Storage 109 is not to have a ceiling. Other rooms shall have ceilings
as originally shown but at 71 - 9" height.
7. Use 1/2" plywood paneling as specified on interior walls and partitions
of Storage 109; and on partition walls of Storage 110 and Repair 111.
Omit plywood panelling on exterior walls of Repair 111 and Storage 110.
8. Use doors and hardware to be provided by Owner for Doors 2,3,4,5
and 7; and hardware to be supplied by the Owner for doors Number 1 and 6.
9-15-
-2-
9. ELECTRIC:
1. Use light fixtures and lamps to be furnished by the Owner for
Fixtures "En, "F", and MGn except that fixtures "F" on Dock
Loading 112 shall be new as specified with cold weather ballasts.
The Owner will furnish the fixtures to the Contractor clean and in
good operating condition. Any repairs required to put the fixtures in
good operating condition will be done by the Owner. The Contractor
is not required to guarantee those fixtures. The Contractor shall
install the fixtures as specified.
Omit four Fixtures "F" on Dock 113.
10. Provide electric service, transformers, main switch and panels as
shown on Sheet ME-1 as revised 11/1/71 instead of service originally
shown.
-3-
11. PLUMBING:
Use P. V*C. sewer pipe for exterior sewer line from S'-O" from building,
Cleanouts shall be cast iron.
Use 200 lb# test P. V. C. water line for pipe outside the building. Begin
51 - 0n from building.
Water service to building shall be Type L soft copper, without joints
underground, run underground and up to fixtures; with all joints above
floor; with Type L copper as specified above the floor.
12. For purposes of complying with the State of Texas Sales Tax, the
following is a division between labor and materials:
Labor $ 16,200. 00
Materials 37, 800. 00
Total $ 54, 000. 00
-4-
9-17-
PAYMENT 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 Angelina
KNOW ALL MEN BY THESE PRESENTS: That we
(1) L. Richardson and Sons- Inc. __
a (2) Corporation
of Lufkin, Texas hereinafter called Principal and
/jFidelity and Depsit Company of Maryland f
State of Maryland hereinafter called the Surety,
are held and firmly bound unto (4)
Stephen F. Austin State University, Nacogdoches, Texas
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 SixtV-three thousand four himHrgH Q-fvfy nr>H nn/TQQ
DOLLARS ($ 63.460,00 )
in lawful money of the United States, to be paid in (5)
Nacogdoches County ^ £or 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) Stephen F. Austin State University, Nacogdoches. Texas
_, the Owner,
dated the day of , A. D., 19
a copy of which is hereto attached and made a part hereof for the
Construction Of: VpnrHno- Bnii^ino QTTAQTT ro^i,P \T^r^~^~t»^~ g
NOW THEREFORE, the condition of this obligation is
such that, if the Principal shall promptly make payment to all
claimants as defined in Article 5160 Revised Civil Statutes of .
Texas, 1925, as amended by House Bill 344, Acts 56th Legislature,
Regular Session, 1959, effective April 27, 1959, supplying labor
and materials in the prosecution of the work provided for in said
Contract, then this obligation shall be null and void; otherwise,
it shall remain in full force and effect.
This bond is made and entered into solely for the 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
provided 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 addition to the terms of the Contract or to the work or to the
Specifications.
PROVIDED FURTHER, that no final settlement
between the Owner and the Contractor shall abridge the right
of any beneficiary hereunder, whose claim may be unsatisfied.
9-19-
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 ANGELINA
KNOW ALL MEN BY THESE PRESENTS: That we (1)
L. RICHARDSON AND SONS, INC.
of (2) LUFKIN. TEXAS hereinafter called
Principal and (3) FIDELITY AND DEPOSIT COMPANY of
State of MARYLAND
hereinafter called the Surety, are held and firmly bound into (4)
STEPHEN F. AUSTIN STATE UNIVERSITY. NACOGDOCHES. TEXAS
hereinafter called Owner, in the penal sum of
Sixty-three thousand four hundred sixty and no/100-
DCLLARS ($ 63,460.00 ^ in lawflIi money of the United
States, to be paid in (5) Nacogdoches County ,
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)
Stephen F. Austin State University, Nacogdoches 9 Texas ,
the Owner, dated the 5th day of November f a. D. ,
19 , a copy of which is attached hereto and made a part
hereof for the construction of: *
9-21-
- 2-
construction of Vending Building, SFASU Campus, Nacogdoches, Texas
(Herein called the "Work").
NOW, THEREFORE, if the Principal shall well, truly
and faithfully perform the work in accordance with the Planst
Specifications and Contract Documents during the original term
thereof, and any extensions thereof which may be granted by the
Owner, with or without notice to the Surety, and, if he shall satis
fy 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 suffereby reason of failure to do sOj and
shall reimburse and repay the Owner all outlay and expense which
the Owner may incur in making good any default, then this obli
gation 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 de
fects in materials furnished by, or workmanship of the Principal
in performing the work covered by said Contract, occurring with
in a period of twelve (12) months from the date of the Contract
Completion Certificate, then this obligation shall be null and void,
otherwise to remain in full force and effect.
PROVIDED FURTHER, that if any legal action be filed
upon this bond venue shall lie in Nacogdoches County
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 addition 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.
9-22-
-3-
IN WITNESS WHEREOF, this instrument is executed in six
counterparts, each one of which shall be deemed an original, this
the
5th day of November A.D. , 19 71.
ATTEST:
L. RICHARDSON AND SONS. INC.
Principal
(Principal) Secretary
SEAL
Witness as to Principal
(Address)
ATTEST:
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
BY:
(Surety) Secretary
Surety
IRA DAVIS. JR.
Address
Attorney-in-Fact
APPROVED AS TO FORM:
ATTORNEY GENERAL OF TEXAS
B Y:
x- 'Assistant Attorney General
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 of Parish and State
(6) Owner
(7) If Contractor is Partnership, all partners should
execute bond.
9-23-
72-26
Upon motion of Regent Todd, seconded by Regent Perkins, with all
Regents voting aye, it was ordered that the contract for $1,518,000
with hoggins Construction Company for the construction of the stadium
be approved and the Chairman of the Board authorized to sign the
contract, as follows:
9-25.
THE AMERICAN INSTITUTE OF ARCHITECTS
AIA Document A101
tandarcJ Formm of Agreement Between
Owner and Contractor
where the basis of payment is a
STIPULATED SUM
Use only wilh the /nlcst Edition of AIA Document A201, General Conditions of the Contract for Construction.
AGREEMENT
made this
Hundred and
BETWEEN
18th
Seventy-one
day of December in the year of Nineteen
The Board of Regents, Stephen F. Austin State University
Nacogdoches, Texas
Loggins Construction Company
P.O. Box 3536, Tyler, Texas 75701
the Owner, and
the Contractor.
The Owner and the Contractor agree as set forth below.
AIA DOCUMENT Aim • OWNi'U-CONTKAr. CO1,; AC.Kr.f .NAfNT • SCI'TtMiltR '1067 I.DITION • AIA©
<M%>' "mi: AMimcAN iNsiiiuit: or akuiiucis, r/.v:> n. y. avl., nva/., wash., u. c. 20006
9 -26-
ARTICLE 1
The Contract Documents consist of ihis Ar.rcemi.nl, Conditions of the Contract (General, S.ipplrrrH-ntary and o'v-r
Cond.tu.ns), Drawing, Specifications, ..II Addenda issuocl prior to execution of this Arr.-mcnt ,,«,d ail
issued sul)s.'t|unu lln-rolo These form th Ctt d ll fll f
THE CONTRACT DOCUMENTS
Ar.rcemi.nl, Conditions of the Cont
g, pctions, ..II Addenda issuocl prior to execution of this Arr.-mcnt ,,«,d ail Modil,r,-,:ion-.
rolo. the Contract, nnd .ill ore as fully a part of the Contract as if attached to this
Agreement or a.-po.iled Herein. An enumeration of the Contract Document appear;, in Article ti.
ARTICLE 2
THE WORK
The Contractor shall perform all the Work required by the Contract Documents for
(Heic insert the ciplion deialplive ol the Work ts used on other Contract Documents.)
University Stadium, Stephen F. Austin State University
ARTICLE 3
ARCHITECT
The Architect for this Project is
Caudill Rowlett Scott, 1111 West Loop South,
Houston, Texas 77027
ARTICLE 4
TIME OF COMMENCEMENT AND .COMPLETION
The Work to be performed under this Contract shall be commenced Within Seven (7) days
from date of contract agreement,
and completed by September 1, 1972
(Here insert tny special provisions lor liquidated damages relating 10 failure to complete on time.)
Refer to Special Conditions, page 0102.3, paragraph K.I.
IA nOCUMCNT A1fil • OWNI'k-CONTKACTOK ACkf TMLNT • SLTTilMliLK 1%7 fDITION • AIA®
l%7 IHL AN\LKKAN INSiliUiL Ol AKUinT.CTS, 1735 N. Y. AVt:'., N.W., WASH., D. C. 20006
9-27-
ARTICLE 5
CONTRACT SUM
Thr Owner skill pay th<» Contractor for the- performance of the Work, subject to ndr!i:inrv; an'/ fl'Thidinrv. b*' Hv.nj'c
Oulcr as punuli'il in Ihr Conditions of the Contract, in current fund:., ihc Contract Sum of One Mi'111 on,
Five hundred eighteen thousand dollars and no/100 ($1,518,000.00).
(5f.Ho hvrc the /w«i/> m/mi .i/mx/nt, unit prices, or hath, as desired.)
Base Proposal $1,493,000.00.
Alternate No. 1 2^000^00
Total $1,518,000.00
v
Unit Prices
Dewatering $100.00 per 24 hr. day
Foundation add $ 70.00
deduct $ 50.00
Lake Sealing
Solution add $ 3.56 per gallon
deduct $ 3.00 per gallon
The Owner has the option of accepting Alternate No. 4 in the amount of $27,000.00
until 18 April 1972.
ARTICLE 6
PROGRESS PAYMENTS
Based upon Applications for Payment submitted to the Architect by the Contractor and.Certificates for Payment issued
by the Architect, the Owner shall make progress payments on account of the Contract Sum to the Contractor as pro
vided in the Conditions of the Contract as follows:
On or about the tenth (10th) day of each month ninety (90) per cent of
the proportion of the Contract Sum properly allocable to labor, materials and equipment incorporated in the Work
and ninety (90) per cent of the portion of the Contract Sum properly allocable to materials and
equipment suitably Mored at the site or at some oilier location agreed upon in writing by the parties, up to the
twenty-fifth (2bth) day of that month; less the a^ie[;ato of previous payments in each case; and upon
Substantial Completion of the entire Work, a sum sufficient to increase the total payments to ninety (90)
per cent of the Contract Sum, less such rctainages as the Architect shall determine for all incomplete Work and
unsettled claims.'
(Here insert any provisions made lor limiting or reducing the amount retained alter the Work reaches a certain stage ol completion.)
AIA DOCUMIWr A1U1 • OWNl U (.ONI UA(' I ()\\ ACKiTMl NT • Si ! 'i i M'.il !•: VM>7 fOITK'iN • AIA^»
•'.»1%7 IIIL AMIUICAN INbTHUIL Ol" ARC III i I CTS, TAlr> N. Y. AVL, N.W., WASH.; U. C. :.'UO0(>
9-28-
ARTICLE 7
FINAL PAYMENT
Finnl lAn'i L ronstitulinj; the entire unpaid balance of the Contract Sum, shall In- paid !jy the Owner to the Cor.trvr lor
- .. . ^ , ' clliys llfU"r Sul)Slanli«l1 Coin|)lolion of the Work unlev. ollunwr.c MipuL.U'd'in'tiu''
Corui.cale ol .Si,h,tantial Completion, provided the Work has then been completed, the Contract fully performed'
a final Certificate for Payment has been issued by the Architect.
ARTICLE 0
MISCELLANEOUS PROVISIONS
8.1 Terms used in this Agreement which arc defined in the Conditions of the Contract sKuli have the meaning
designated in those Conditions. • °
0.2 The Contract Documents, which constitute the entire agreement between the Owner and the Contractor, are listed
in Article 1 and, except for Modifications issued after execution of this Agreement, are enumerated as follows:
*^ o^Cond,,;^, O^inv, Spcc^/on, AOOcnC an, accepted
1. This Agreement.
2. Proposal Form Pages P.I, P.2 & P.3 of 3, dated and signed 15 December 1971.
3. The General Conditions of the contract for Construction of Buildings, AIA
Document, A201, April 1970 edition.
University Stadium, Stephen
November 1971, including the
A book of Specifications entitled Project Manual,
F. Austin University, Nacogdoches, Texas, dated 1
following divisions:
Contract Forms and Section 0010, 0020 & 0021.
Division 0100, General Requirements.
Division 0200, Site Development.
Division 0300, Concrete.
Division 0400, Masonry.
Division 0500, Metals, Architectural & Structural.
Division 0600, Carpentry.
Division 0700, Moisture Protection.
Division 0800, Doors, Windows, and Glass.
Division 0900, Finishes.
Division 1000, Specialties.
Division 1200, Furnishings.
Division 1500, Plumbing.
Division 1700, Ventilation.
Division 1800, Electrical.
A set of drawings entitled University Stadium, Stephen F. Austin University,
Nacogdoches, Texas, dated 4 November 1971, sheets Cl - C10, SI - S6S Gl - G15,
Ml - M3, El - E8, and PI - P5.
Addendum No. 1, dated November 19, 1971.
Addendum No. 2, dated December 2, 1971.
AIA OOCUMINT A101 • OWNT^CONTKACTOR ACJKECMIiNT • SLI'TCMMiR 1%7 IDITION • A'VO
I ML AMLKICAN INSTIiUfL Ol: AKCHITLCTS, 1735 N. Y. AVL., N.W., WAbH., D. C. 20006
9-29-
PROPOSAL I1'UK j. in1, i-uiwiuuwui'.! «A
THE UNIVERSITY STADIUM
STEPHEN F. AUSTIN STATE U^IViiKliiTY
NACOGPOC11ES,
CAUDILL
ARCHITECTS
ROWLliTT
El.'GIKEERS
Pace P.I of 3
TO The Board of Regents
Stephen F. Austin State University
Nacojjdoches, Texas
BASEJPROPOSAL
HavinC carefully exr.n.v.,, •
site and examined ^ — • - " l-J
.. :-.ts and having visited the
^ undersized agrees
the Construction Documents
the sum of
following alternates, the undersigned
^ Propose any or aU of th. f.11
sums:
NO !• (Add Two Concession Stands)
^ 1, as described in the Information for Bidders is accepted
by tie Sier, ADD the sum
by tic Slner, DEDUCT the sum
by the CK^ner, ADD the sum
by the Owner, ADD the sum o
f
in the infonnation W
S-.y.-
9 -30-
ALTERNATE NO. 5: (Fences ft Gates w/vinyl coated finish)
If Alternate No-. !3, as described in the Information for Bidders, is accepted
by the Owner, ADD the sum of _MyjG_Thci.LL55ftyO D /hO^ ^#*6 fi>_ __
Dollars ($ S.OOG ^v ■ )
DKWATKRTNG UNIT PRICK
Provide'well point system for dewatcring excavations, if required, for
construction shown and specified, including labor, equipment rental and
materials.
Total cost for pumping: $ JOO^^- per 24 hour day per
100 lineal feet of header pipe. '*
FOUNDATION UNIT PRICE
The unit price per cubic yard for foundations, including excavation, concrete
and reinforcing, complete, is as follows:
ADD $__
• • • DEDUCT $
LAKE SEALING SOLUTION UNIT PRICE
The unit price per gallon of specified lake sealing solution (SS-13),'based
on a rate of application of 1 gallon of solution per 1,000 gallons of water,
is as follows:
ADD %_
DEDUCT % 3 ^
PERFORMANCE AND PAYMENT BONDS • '
It is understood that a bond in 100% of the Contract Amount, covering the
faithful performance of the Contract and the payment of all obligations
arising thereunder, will be required by the Owner- Premiums for the
Performance and Payment .Bonds are included in the Proposal.
BID GUARANTEE
Accompanying this proposal is a certified or cashier's check of bidder!s
bond marie payable to the Owner, the Hoard of Regents, Stephen F. Austin
State University, Nacogdoches, Texas, for not le;:.:.> than 5% of the largest
possible combination of the proposal amounts submit!:.";: herein. The biker's
check or bond will be returned to the !>ickU:r cm cop t thai- in the event of the
Owner's acceptance of this proposal, the bi.Mv.r fails lo execute a contract and
file performance nnd payi.
acceptance, then, in that event, the bidder's check or bond will become the
property of the Owner because of the failure of the bidder to comply with the
specified requirements. , •
Pago P. 3
TTHK l'OK COMPLMTTON
If awarded the Contract: for this project, the undersigned agrecr; , in
accordance with the provisions of the Special Conditions, to substantially
complete all work covered by the Base Proposal and accepted Alternates on
or before September 1, 1972.
If the project; remains \x\\completed by the specified date of substantial
completion, the undcrsi^^,; ,...:v:».:s, in accordance with the requirements
of the Special Condition , i:\.vc the Owner may retain the sun of two hundred
fifty dollars ($250.00; from the Contract Amount for each calendar day
following the required completion date (Saturdays, Sundays, and holidays
included) that the work remains incomplete.
ADDENDA
The undersigned acknowledges receipt of addenda numbers / d *2—
issued during the time of bidding 4nd includes the
several changes therein in this proposal.
.It is understood that if accepted by the Owner, this proposal becomes a
part of the Contract Documents upon the signing of the Contract, and
failing to comply with any part of this proposal will be taken as failure of
the bidder to comply with the Contract Documenfcj&^and .yill.be-just^cause
for rejection of the work. • ' ' •••' "~
It is also understood that the Owner reserves the right to reject any or
all bids and waive formalities and irregularities or to accept any bid
considered advantageous.
The Undersigned agrees that he will not withdraw this proposal for a period "
of thirty days from the date hereof. . /% / I // >
DATE December 15, 1971 SIGNEd( /f(l\ !/(M$
Vil ce President
ADDRESS LorKins Construction Co,
P. 0. Box 3536
' " ' ' ';" ' Tyler, Texas 75701
(Seal if bid is by a corporation)
* 9-32-
PAYMIiNT BONO
(To be used in Texas as required by Chapter 1)3 of
the Regular Session of the 5ot.li Legislature? of Texas)
Tills STATli 01* Texas
COUNTY 0I: Nacogdochcs
KNOW ALL MEN BY THESE PRESENTS: That wo (1) Loggins Construction
Company
a (2) Corporation
of P« Oo Box 3536, Tyler, Texas
hereinafter called Principal and (3) Argonaut Insurance Company
of Menlo Park $ state of California hereinafter
called the Surety, are held and firmly bound unto (4) Stephen F. Austin
State University, Nacogdoches, Texas
hereinafter called Owner, unto all persons, firms, and corporations who may
furnish materials for, or perform labor upon the building or improvements
hereinafter referred to in the penal sum of One million five hundred
eighteen thousand and No/100--DOLLARS ($ 1,518,000.00 )
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) Stephen F. Austin State
University . , the Owner, dated
thc 18 day of Pecerr.ber_ , A. n. 19_7_1__, a copy of
which is hereto attached and made a part hereof fen t.he construction of:
University Stadium
9-33-
NOW, TllliRHFORl;, the condition of this obligation is such that, if
the Principal sh;ill promptly make payment, to ;d I cl.-um:ints as defined
in Article 5160 Revised Civil Statutes of Te>:as, 1925, as amended by House
Bill 344, Acts 56th Legislature, Regular Session, 1959, effective April 27,
1959, supplying labor and materials in the prosecution of the work provided
for in said Contract, then this obligation shall be null and void; otherwise,
it shall remain in full force and effect.
This bond is made and entered into solely for the protection of ail
claimants supplying labor and materials in the prosectuion of the work
provided for in said Contract, and all such claimants shall have a direct
right of action under the bond as provided in Article 5160, Revised Civil
Statutes, 1925, as amended by House Bill 344, Acts 56th Legislature,. 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 performed thereunder or the Specifications
accompanying the same shall in any wise affect its obligation on this bond,
and it docs hereby waive notice of any change, extension of time, alteration
or addition to the terms of the Contract or to the work or to the Specifications,
PROVIDED FURTHER, that no final settlement between the Owner and the
Contractor shall abridge the right of any beneficiary hereunder, whose claim
may be unsatisfied.
IN WITNESS WHEREOF, this instrument is executed in six counterparts,
each one of which shall be deemed an original, this the 1Q
day of December , A. D., 19 71 ~
ATTEST:
L
Loggins Construction Company
Principal
. /■■
i-ju <./■
(Principal) Secretary BY ^ //■ / j;//-//#7
OAL
Witness as to Principal
Address
9-34-
-3-
ATTliST: ■ Argonaut Insurance Company
Surety"
Witness as to Surety APPROVED AS TO FORM:
ATTORNEY GENERAL OP TEXAS
•pn — BY: /s/ John Reeves
Address Assistant Attorney General
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 oi Surety
(4) Correct name of Ouner
(5) County of Parish and State
(6) Owner
(7) If Contractor is Partnership, all partners should
execute bond.
9-35-
HONI)
(To In? u:u'<l in Tc\\;is as required by Chapter !)>> of the
Regular Session of the 5(>t.h Loj1, us Uiturc of Texas)
Till; STATIi OF Texas
COUNTY 0I; Nacogdoches
KNOW ALL MEN BY TlIHSli PRESENTS: That we (1) Loggins Construction
Corrpany
of (2) P> 0* Box 3536, Tyler, Texas hereinafter called
Principal and (3) Argonaut Insurance Company of
Menlo Park State of California
hereinafter called the Surety, are held and firmly bound into (4)
Stephen F, Austin State University, Nacogdoches, Texas
hereinafter called Owner, in the penal sum of One million five hundred
eighteen thousand and No/100
DOLLARS ($ l^SlS^OOO^OO ), 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) Stephen F. Austin State University
. .. i i ■ I, . _ i ■ i . I, j
the Owner, dated the 18 day of December ^ A. D., 19 71 > a copy
of which is attached hereto and made a part hereof for the construction of:
University Stadium
(Herein called the "Work11).
9-36.
-2-
N01V, Tlll-UI'l-OUn, if the Principal sh;iH well, truly and i:u i tJifu I ! y
perform the work in accordance with the Plans, Sped Ci cations and Contract
Documents during the original term thereof, and any extensions thereof
which may be granted by the Owner, with or without notice to the Surety,
and, if lie shall satisfy all claims and demands incurred under such Contract,
and shall fully indemnify and save harmless the Owner from all costs and
damages wliich 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 twelve (12) months from the date of
the Contract Completion Certificate, then this obligation shall be null and
void, otherwise to remain in full force and effect.
PROVIDED FURTHER, that if any legal action be filed upon this bond
venue shall lie in Nacogdoches County, State of
Texas and that the said Surety, for value received hereby stipulates and
agrees that no change, extension of time, alteration or addition to the
terms of the Contract or to the work to be performed thereunder or the
Specifications 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 addition 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.
IN WITNESS WHEREOF, this instrument is executed in six counterparts,
each one of which shall be deemed an original, this the. 18
day of . December A. D. 19 71
ATTEST:
Loggins Construction Company
_■ j ^/Principal
BY
(Principai) Secretary
SEAL,
Witness as to Principal
(Address)
> Texas
9-37-
-3-
ATT1 ;ST:
Argonaut Insurance Company
Su r c ty ~"
(Surety) Secretary T—\ Attorney-in-Fac
Jamefe S. Bass
APPROVED AS TO FORM:
Witness as to Surety ATTORNEY GENERAL OF TEXAS
BY: /s/ John Reeves
Address Assistant Attorney General
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.
(5) Correct name of Surety
(4) Correct name of Owner
(5) County of Parish and State
(6) Owner
(7) If Contractor is Partnership, all partners should
execute bond.
9-38-
HOME OfFICE • MENLO PARK, CAUrOkNIA
POWER OF ATTORNEY
KNOW ALL MKN BY THICSK PUKSKNTS: That AWCiONAUT INXl'liANCK COMPANY, " corporation
ori'.rmi/.cd »vnd existing under tho luw« of tho Stato of California, und having its principal office in Monlo Park,
California, doos horoby constitute and appoint
CHARLES A. TURNER and JAMES E. BASS, individually
of Tyler, Texas its true and lawful Attorney(s)-in-fact
to sign, execute, seal, acknowledge and deliver for, and on its behalf, and aa its act and deed, at any place
within the United States, or, if the following line be filled, only within the area therein designated
any and all bonds, recognizances, undertakings, contracts of indemnity or other writings obligatory in the nature
thereof, as follows:
Any such obligations within the United States, in.any amount
And said Company hereby ratifies and confirms all and whatsoever said Attorney(s)*in-fact may lawfully do in
the premises by virtue of these presents.
This appointment is made under and by authority of the following Resolution passed by the Board of Directors
of said Company at a meeting held at the principal office of said Company, a quorum being present and voting, on
the seventh day of July, 1959, which resolution is still in effect:
•*RESOLVED. that tho Prooidont or any Vico President, in conjunction with the Secretary or any
Aaaietant Secretary, bo and they aro hereby authorized and empowered to appoint Attornoya-in-fact
of tho Company, in its name and aa Ita acts, to execute and acknowledge for and on lla behalf any and
all botida, reoosnizancea, undertakings, contracts of indemnity or other writings obligatory in the nature
thereof, with power to attach thereto the ocil of the Company. Any such writings so executed by suoh
Attorncya-in-fact shall bo as binding upon the Company as if they had been duly executed and acknowl
edged by the regularly elected Officers of the Company in their own proper persona.0
IN WITNESS WHEREOF, ARGONAUT INSURANCE COMPANY has caused these presents to be sealed
with its corporate seal, duly attested by its Vice President and its Assistant Secretary, this 25th
day of June ™ 70
ARGONAUT INSURANCE CDMI
V
(Seal)
THE STATE OF CALIFORNIA
COUNTY OF San Francisco
ss.
Assistant Secretary
On this 25th day of June 19?O t before me came the above
named Vice President and Assistant Secretary of Argonaut Insurance Company, to me personally known to be the
individuals and officers described herein, and acknowledged that the seal affixed to the preceding instrument is
the corporate seal of Argonaut Insurance Company and that the said corporate g.e>al and their signatures as of
ficers were duly affixed and subscribed to said instrument by the authoritv^ritidircct.ic;"» of said Corporation.
'~9&^~>2Utt63ttCKKs£
Vena M.Karris Noury Public
My Commission Kxpires Dec . 15? 1973
9-39-
a fun.^-u^MTlo'lrccfTo'01"3' °' Ar8°naUt Inaurance Company, hereby certify that the above and foregoing
certify that the said Power of Attorney is still in force and effect. " * ^ °mpany' *" ° here*>y f"
And I do hereby further certify that the Certification of this Power of Attorney Is signed and sealed by
tZrlZ Co^L T, Hy °f th° fOtl°Wlng rcaolutlon ad°P^d ^ the Bonrd of ofrectors of the Argc
be v»lld and binding upon this Corporation. ••
GIVEN under my hand and the sea! of said Company, at Menlo Park, California, this
d ay o f f^x*r*r v.AS'r^^*^' w 1Q '7 /
9-40-
FID 1100 R-i)
72-27
Upon motion of Regent Gray, seconded by Regent Todd, with all
Regents voting aye, it was ordered that the contract with T. E.
Allen Construction Company of Jacksonville, Texas, for $204,800 for
the Renovation-Austin Building-Phase IV project (including primary
electric service) be approved and that the Chairman of the Board
be authorized to sign the contract, as follows:
9-41-
CONTRACT
THE STATE OF TEXAS J
I KNOW ALL MEN BY THESE PRESENTS
COUNTY OF NACOGDOCHES J
THIS AGREEMENT, made this the 18th day of
December, 1971, by and between the BOARD OF REGENTS, STEPHEN F.
AUSTIN STATE UNIVERSITY, NACOGDOCHES, TEXASr acting herein
through its President, hereinafter called "Owner" and T. E. ALLEN
CONSTRUCTION COMPANY, JACKSONVILLE, TEXAS hereinafter called
"Contractor".
WITNESSETH, that the Contractor and the Owner for the con
siderations hereinafter named agree as follows:
1. The Contractor agrees to provide all of the materials, furnish the
labor, and do all things necessary to complete fully all of the work
shown on the Drawings and described in the Specifications entitled
AUSTIN BUILDING RENOVATIONS - PHASE IV, 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
this Contract, the Drawings and the Specifications.
2. The "General Conditions" of the Contract, the "Supplementary
Conditions", the Drawings and the Specifications, together with
9-42-
this Agreement, form the Contract, and they are as fully a part of
the Contract as if hereto attached or herein repeated. The following
is an enumeration of the Specifications and Drawings:
Drawings and Specifications entitled "AUSTIN BUILDING RENOVATIONS -
PHASE IV, STEPHEN F. AUSTIN STATE UNIVERSITY, NACOGDOCHES,
TEXAS, sheet and section numbers as listed in Paragraph 1. 1 of
"Supplementary Conditions"; and the following:
Addendum No. 1, dated November 4, 1971, Pages 1-3
1. This Contract is to cover the General Contract Work, Plumbing,
Heating and Air Conditioning and Electric Work, complete.
The said Drawings, and each and all 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. 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 as follows:
9-43-
-2-
The Contractor shall complete the Project as expeditiously as
possible and with as little delay as possible.
4. The Owner shall pay the Contractor for the performance of the
Contract, subject to additions and deductions provided herein,
TWO HUNDRED FOUR THOUSAND AND EIGHT HUNDRED
DOLLARS ($204,800.00) out of Funds available to the Owner for
expenditure for the use and benefit of Stephen F. Austin State University
from funds provided by Senate Bill No. 11 of the 62nd Legislature.
The basis of the above contract price is as follows:
Base Bid No. 1 - $ 192,800.00
Base Bid No. 2 - New Primary Electric 12,000. 00
Service
Contract Price $ 204, 800. 00
The Owner shall make payments on account of the Contract as
provided therein as follows: On or about the fifteenth of each
month ninety percent (90%) of the value, based on the Contract
Price of labor and materials incorporated in the work and of
materials suitably stored at the site thereof up to 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
9-44-
-3-
evidence is furnish -d that all payrolls, material bills and other
indebtedness connected with the work have been paid. 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 acceptance, the Architect shall
promptly make such inspection, and when he finds the work accept
able 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 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 indebted
ness 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:
9-45-
-4-
1. That Contractor shall faithfully perform his Contract
and fully indemnify and save Owner harmless from all
costs and damages which may be suffered by reason of
failure to do so, and fully reimburse and repay Owner
all outlay and expense which Owner may incur in
making good any default.
2. That Contractor shall pay all persons who have con
tracts directly with Contractor for labor and materials
save which persons shall have a direct action against
Contractor and the surety on his bond, subject to
Owner*s priority.
Surety Companies shall be on approved list of U. S.
Treasury Department of "Companies holding Certificates
of Authority from the Secretary of the Treasury under
the Act of Congress Approved July 30, 1957, as
Acceptable Sureties on Federal Bonds11 and within the
Underwriting Limitations listed therein for any single
risk.
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.
946-
-5-
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 Employees Liability Insurance: As
required by the laws of the State of Texas; Employer's
Liability Insurance, $ 100,000.00.
b) Public Liability Insurance: In an amount not less than
$ 300, 000.00 for injuries, including accidental death
to any one person, and subject to the same limit for
each person; and in an amount not less than $ 500, 000. 00
on account of one accident; Property Damage Insurance in
an amount not less than $ 100, 000. 00, each occurrence
$ 300,000,00 aggregate,
c) Automotive Public Liability and Property Damage Insurance:
Covering all automobiles and motor vehicles used in
Contractor's operations on the campus of the University in
an amount not less than $ 300,000,00 for injuries including
death to any one person and subject to the same limit for
each person; and in an amount not less than $ 500* 000. 00
on account of one accident; Property Damage Insurance in
an amount not less than $ 300, 000« 00 each occurrence.
o- hi
-6-
d} Include Broad Form Property Damage Insurance. Remove
flXCUM Exclusions {Explosion, collapse, underground
property damage). Include damage to underground wiring,
conduits, piping.
e} Contractual Liability Insurance: As applicable to the
Contractors 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
$ 300, 000# 00 (each person)
$ 500,000.00 (each occurrence)
2. Property Damage
$ 100,000.00 (each occurrence)
$ 300,000.00 (aggregate)
f) Completed Operations: Continue coverage in force for
one year after completion of work.
g) Indemnify, protect and hold harmless the Owner and
Architect and their agents and employees from any and
all claims, demands, acts of destruction, loss or damage
to property, injury to or death of Contractors employees,
OwnerJs employees, and any and all persons whomsoever
9-1*8
-7-
growing out of, or in any way connected with Contractor's
operations upon the campus of the above described Univ
ersity, Before commencement of operations hereunder,
Contractor shall furnish to the Architect, photostatic
copies of the above mentioned insurance policies, together
with a certificate from the insurance carrier that the insur
ance 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 Contractor shall provide Builder's
Risk Insurance as specified in Paragraph 1. 6 of Specifications in
the amount of $ 500, 000. 00 in the names of the Contractor, 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.
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.
9. For purposes of complying with the State of Texas Sales Tax,
the following is a division between labor and materials:
Labor $ 119,900.00
Materials 84, 900. QQ
Total , $ 204,800.00
9-h9
IN WITNESS WHEREOF, the parties of these presents have ex
ecuted this Contract in four (4) counterparts, each of which shall be
deemed an original in the year and day first above mentioned.
SEAL BOARD OF REGENTS
STEPHEN F. AUSTIN STATE UNIVERSITY
"By
Witness
r
President
SEAL
A
Witness
READ AND ED:
T. E. ALLEN CONSTRUCTION COMPANY
JACKSONVILLE, TEXAS
Address
/I
Secretary
Board of Regents, Stephen F. Austin State University
APPROVED AS TO FORM:
ATTORNEY GENERAL OF TEXAS
/Assistant
(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.
9-50
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 Nacoqdoches
KNOW ALL MEN BY THESE PRESENTS: That we (1)
T» B« Allen Cops traction Company
of (2ftox 1367, Jacksonville, Texas hereinafter called
Principal and (3) Argonaut Insurance Company of
Menlo Park State of California ,
hereinafter called the Surety* are held and firmly bound into (4)
Stephen F» Austin State University, Nacogdoches, Texas
hereinafter called Owner, in the penal sum of Two hundred
four thousand eight hundred and No/100
DOLLARS ($ 204,800.00 ), in lawful money of the United
States, to be paid in (5)
for the payment of which sum well and truly to be made, we bind
ourselves, our heirs, executors, administrators and successors,
jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION is such that
Whereas, the Principal entered into a certain Contract with (6)
Stephen F. Austin State University, Nacogdoches, Texas
the Owner, dated the 18th day of December f A. D.,
19 71 , a copy of which is attached hereto and made a part
hereof for the construction of:
-2-
Alterations and Remodel of 3 floors of the Austin Building1'
HTTV
(Herein called the "Work").
NOW, THEREFORE, if the Principal shall well, truly
and faithfully perform the work in accordance with the Plans,
Specifications and Contract Documents during the original term
thereof, and any extensions thereof which may be granted hy the
Owner, with or without notice to the Surety, and, if he shall satis
fy 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 suffereby 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 obli
gation 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 de
fects in materials furnished by, or workmanship of the Principal
in performing the work covered by said Contract, occurring with
in a period of twelve (12) months from the date of the Contract
Completion Certificate, then this obligation shall be null and void,
otherwise to remain in full force and effect.
PROVIDED FURTHER, that if any legal action be filed
upon this bond venue shall lie inNacogdoches
County, State of Texas and that the said Surety, JEor 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 addition 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
Statute* 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.
-3-
IN WITNESS WHEREOF, this instrument is executed in six
counterparts, each one of which shall be deemed an original, this
the
18th
ATTEST:
day of December A.D., 1971 .
(Principal) Secretary
SEAL >7
T. E. Allen Construction Company
Principal
BY
T* B. Allen, Owner
Witness as to Principal
(Address)
ATTEST:
(Surety) Secretary
Argonaut Insurance Company
Surety
BY:
Witness as to Surety
Address
Attorney- in-Fact
James B. Bass
APPROVED AS TO FORM:
ATTORNEY GENERAL OF TEXAS
BY:
Attorney General
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 of Parish and State
(6) Owner
(7) If Contractor is Partnership, all partners should
execute bond.
9-53
HOME OFFICI • MENU) PARK, CALIFORNIA
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS: That ARGONAUT INSURANCE COMPANY, a corporation
organized and existing under the laws of the State of California, and having its prinoipal office in Menlo Park,
California, does hereby constitute and appoint
CHARLES A. TURNER and JAMES E. BASS, individually
of Tyler, Texas its true and lawful Attorney(s)-in-fact
to sign, execute, seal, acknowledge and deliver for, and on its behalf, and as its act and deed, at any place
within the United States, or, if the following line be filled, only within the area therein designated
any and all bonds, recognizances, undertakings, contracts of indemnity or other writings obligatory in the nature
thereof, as follows:
Any such obligations within the United States, in any amount
And said Company hereby ratifies and confirms all and whatsoever said Attorney(s)*in-fact may lawfully do in
the premises by virtue of these presents.
This appointment is made under and by authority of the following Resolution passed by the Board of Direotors
of said Company at a meeting held at the principal office of said Company, a quorum being present and voting, on
the seventh day of July, 1959, which resolution is still in effect:
"RESOLVED, that the President or any Vice President, in conjunction with the Seoretary or any
Assistant Seoretary, be and they are hereby authorized and empowered to appoint Attorneys-In* foot
of the Company, in its name and as its aots, to execute and acknowledge for and on its behalf any and
all bonds, recognisances, undertakings, oontraots of indemnity or other writings obligatory in the nature
thereof, with power to attaoh thereto the seal of the Company. Any such writings so exeouted by suoh
Attorneys-in*fact shall be as binding upon the Company as if they had been duly exeouted and acknowl
edged by the regularly elected Offioers of the Company in their own proper persons.*'
IN WITNESS WHEREOF, ARGONAUT INSURANCE COMPANY has caused these presents to be sealed
with its corporate seal, duly attested by its Vice President and its Assistant Secretary, this 25*th
day of June ™ 70
ARG
(Seal)
THE STATE OF CALIFORNIA
COUNTY OF San Francisco !«• Assistant Secretary
On this 25th day of June 1970 f before me came the above
named Vice President and Assistant Secretary of Argonaut Insurance Company, to me personally known to be the
individuals and officers described herein, and acknowledged that the seal affixed to the preceding instrument is
the corporate seal of Argonaut Insurance Company and that the said corporate^gL&al and their signatures as of*
ficers were duly affixed and subscribed to said instrument by the authorityjwftfdirectioVi of said Corporation*
VCNA M. HARRIS
NOTARY PVllK - CA11FORN1A
SAN Ff:A'';CISCO COUNTY
wy commission expikes dec. 15, 1973
Vena M.Harris Notarv Public
My Commission Expires Dec. 15» 1973
I, the undersigned Secretary of Argonaut Insurance Company, hereby certify that the above and foregoing is
a full, true and correct copy of the Original Power of Attorney issued by said Company, and do hereby further
certify that the said Power of Attorney is still in force and effect.
And I do hereby further certify that the Certification of this Power of Attorney is signed and sealed by fac
simile under and by the authority of the following resolution adopted by the Board of Directors of the Argonaut
Insurance Company at a meeting duly called and held on the 25th day of May 1965, and that said resolution has
not been amended or repealed:
"RESOLVED, that the signature of the Seoretary or any Assistant Secretary of this Corporation,
and the seal of this Corporation, may be affixed or printed by facsimile to any certificate to a
Power of Attorney of this Corporation, and that such printed facsimile signature and seal shall
' be valid and binding upon this Corporation.'*
GIVEN under my hand and the seal of said Company, at Menlo Park, California, this
day of 19
Seoretary
FID 1105 R-8
PAYMENT BOND
(To be used in Texas as required by Chapter 93 of
the Regular Session of the 56th Legislature of Texas)
THE STATE OF Ttexas
COUNTY OF_ Nacogdoches
KNOW ALL MEN BY THESE PRESENTS: That we
(1) T. B. Allen Construction Company
a (2) an Individual
of Box 1367, Jacksonville, TeAftfeinafter called Principal and
(3)Argonant Insurance Company of Menlo Park ,
State of California hereinafter called the Surety,
are held and firmly bound unto (4) Stephen F. Amstjn
State University, Kacogdoches,
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 IWo hundred four thousand eight hundred
and No/100- DOLLARS ($ 204,800,00 )
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) Stephen F, Austin State University
Nacogdoches, Texas # the Owner,
-2-
the fffa day of /$e^^/^ j . A. D.,
a copy of which is hereto attached and made a part hereof for the
construction of: Alterations and Remodel of 3 floors of the
Austin Building PH IV
NOW THEREFORE, the condition of this obligation is
such that, if the Principal shall promptly make payment to all
claxmants as defined in Article 5160 Revised Civil Statutes of
Texas, 1925, as amended by House Bill 344, Acts 56th Legislature,
Regular Session, 1959, effective April 27, 1959, supplying labor
and materials in the prosecution of the work provided for in said
Contract, then this obligation shall be null and void; otherwise,
it shall remain in full force and effect.
This bond is made and entered into solely for the 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
provided 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 addition to the terms of the Contract or to the work or to the
Specifications.
PROVIDED FURTHER, that no final settlement
between the Owner and the Contractor shall abridge the right
of any beneficiary hereunder, whose claim may be unsatisfied.
-3-
IN WITNESS WHEREOF, this instrument is executed in six
counterparts, each one of which shall be deemed an original, this
the
18th
ATTEST:
day of December A. D., 1971 .
T» B. Allen Construction Company
Principal
(Principal) Secretary
SEAL „ /j
BY
.
T. B. Allen, Owner
Witness as to Principal
(Address)
ATTEST:
(Surety) Secretary
Argonaut Insurance Company
BY:
Surety
Witness as to Surety
Address
Attorney-in-Fact
Jamkj R. Bass
APPROVED AS TO FORM:
ATTORNEY GENERAL OF TEXAS
ssistant Attorney General
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 of Parish and State
(6) Owner
(7) If Contractor is Partnership, all partners should
execute bond.
9-58
72-28
Upon motion of Regent Maness, seconded by Regent Thomas, with all
Regents voting aye, it was ordered that the contract with the Tyler
Lumber and Salvage Company for the demolition and removal of the
substructures below the existing bleachers for a total value of
$21,500 be approved and the comptroller authorized to sign the work
order agreement.
72-29
Upon motion of Regent Todd, seconded by Regent Tanner, with all
Regents voting aye, it was ordered that the proposal to provide a
utility line easement to Texas Power § Light Company be tabled, and
that the Chairman appoint Regent Gray, chairman, and Regents Tanner
and Todd to a committee to make a recommendation about the project,
after consulting with Texas Power § Light Company.
There being no further business, the meeting adjourned at two o'clock
p.m.
C. G. Haas
Secretary
9-5.9
