Minutes of Board of Regents of Stephen F. Austin State University. 1982, Volume No. 60

              Stephen F. Austin
State University
Minutes of the
Board of Regents
Huxley Bay, Texas
July 20,1982
Volume 60
INDEX
Minutes of the Meeting
Stephen F. Austin State University
Board of Regents
Held in Huxley Bay, Texas
July 20, 1982
Page
82-101 Approval of Minutes of April 20, 1982 2
82-102 Approval of Minutes of June 11, 1982 2
82-103 Faculty and Staff Appointments for Summer, 1982 2
82-104 Changes in Status 5
82-105 Resignations (Summer, 1982) . 7
82-106 Faculty and Staff Appointments 8
82-107 Changes in Status 12
82-108 Resignations 15
82-109 Terminations 16
82-110 Leaves of Absence 16
82-111 Return from Leave 17
82-112 Retirements 17
82-113 Tenure 17
82-114 Approval of Holiday Schedule 18
82-115 Approval of Faculty Member's Employment Beyond
Age Seventy 18
82-116 Approval of Twelfth Class Day Enrollment Report
and the Last Class Day Enrollment Report for
the 1982 Spring Semester 18
82-117 Approval of Parking and Traffic Regulations for
1982-83 18
82-118 Approval of Budget Adjustments for FY82 18
82-119 Approval of Legislative Appropriation Request
for Fiscal Years 1984 and 1985 20
82-120 Approval of Depository Contracts for FY83 20
82-121 Authorization to Sign Vouchers 20
82-122 Authorization to Approve Travel 21
82-123 Approval of Contract with Kent-Marsellos-Scott
(Early Childhood Laboratory Building Addition) 21
82-124 Approval of Contract with Morey/Fahler Incorporated
(Renovation of Ferguson Building) 50
82-125 Approval of Change Order No. 1 - Art Studio Contract
with Temple Associates 62
82-126 Approval of Contract with Utley-James, Inc./Bryan
Construction Company to Construct Math/Nursing
Classroom Building 64
82-127 Approval of Project Budget for Math/Nursing Project 74
82-128 Authorization to Plan Improvements to the Heating
and Cooling System in the Chemistry Building 74
82-129 Approval of Change Order No. 2 - Math/Nursing Building
Parking Lot with Clifton Construction Company * 74
82-130 Acceptance of Easement in Gross 76
MINUTES OF THE MEETING
BOARD OF REGENTS
STEPHEN F. AUSTIN STATE UNIVERSITY
HELD IN HUXLEY BAY, TEXAS
July 20, 1982
The meeting was called to order by Mr. Glenn Justice, Chairman of the
Board of Regents, at 9:00 a.m. July 20, 1982.
REGENTS -
PRESENT: Mr. Glenn Justice of Dallas
Mr. Homer Bryce of Henderson
Mr. Fletcher Garner of Bridge City
Mr. Larry Jackson of Piano
Mr. Robert E. Samuel, Jr. of Madisonville
Mr. Walter Todd of Dallas
Mrs. Tom Wright of Nacogdoches
ABSENT:
STAFF -
PRESENT:
Mr. Ted Bowen of Houston
Mrs. George Cullum, Jr. of Dallas
Dr. William R. Johnson, President of the University
Dr. Edwin Gaston, Vice President for Academic Affairs
Dr. Baker Pattillo, Vice President for Student Affairs
Mr. Robert Provan, Legal Counsel
Mr. Clyde Carman, Director of Development
Ms. Lucy Stringer, Executive Secretary to the President
VISITORS - Dr. Joseph A. Devine, Chairman of the Faculty Senate
82-101
Upon motion of Regent Todd, seconded by Regent Bryce, with all members
voting aye, it was ordered that the minutes of the meeting of April 20,
1982, be approved.
82-102
Upon motion of Regent Wright, seconded by Regent Bryce, with all members
voting aye, it was ordered that the minutes of the meeting of June 11, 1982,
be approved.
82-103
Upon motion of Regent Garner, seconded by Regent Wright, with all members
voting aye, it was ordered that the following summer appointments be approved.
1. Department of Accounting
Mr. Joseph William Thatcher, Instructor [50% time) in Accounting,
at a salary rate of $1,433 for Summer I, 1982.
2. Department of Computer Science
Dr. Camille C. Price, Assistant Professor (100% time) in Computer
Science at a salary rate of $5,112 from June 1 through July 31, 1982.
Dr. Harold D. Camp, Assistant Professor (100% time) in Computer
Science at a salary rate of $4,000 for Summer II, 1982.
3. Criminal Justice Program
Mr. Patrick A. Mueller, 40, (J.D., University of Houston), Lecturer
(50% time) in Criminal Justice, at a salary rate of $1,500 for Summer I,
1982.
4. Economics and Finance
Dr. John H. Lewis, Associate Professor (50% time) in Economics and
Finance, at a salary rate of $2,190 for Summer I, 1982.
Dr. Weldon Smith, Associate Professor in Economics and Finance, at
a salary of $1,022 from July 12, 1982 to August 6, 1982, for alternate
duty for analysis of University insurance.
5. English and Philosophy
Dr. William R. Cozart, Associate Professor of English, at a salary
rate of $4,408 for 100% time for Summer I and $2,204 for 50% time for
Summer II, 1982. Dr. Cozart's summer appointment was inadvertently
omitted from the printed summer budget.
Ms. Mary R. Devine, Lecturer (50% time) in English, at a salary
rate of $1,625.00 for Summer I, 1982.
Dr. James E. Magruder, Assistant Professor (50% time) in English,
at a salary rate of $1,811 for Summer I, 1982.
6. Department of History
Dr. Tom Nail, Associate Professor (50% time) in History, at a salary
rate of $2,250 for Summer I, 1982.
7. Department of Home Economics
Dr. Patsy J. Mailman, Associate Professor (100% time) of Home
Economics, at a salary rate of $4,332 for Summer I, 1982. Dr. Hallman
will serve as Vocational Teacher Trainer.
Ms. Sally Ann Hegland, Lecturer (50% time) in Home Economics, at a
salary rate of $1,230 for Summer.II, 1982.
Ms. Marjorie M. Nauman, Instructor (50% time) in Home Economics, at
a salary rate of $1,375 for Summer II, 1982.
8. Department of Management and Marketing
Ms. Marlene C. Kahla, Instructor (50% time) in Management and
Marketing, at a salary rate of $1,480 for Summer II, 1982.
9. Department of Modern Languages
Dr. Albert Mack Taylor, 40, (Ed.D., University of Houston), Lecturer
(50% time) in Modern Languages, at a salary rate of $600 for Summer I,
1982.
10. Department of Music
Mr. David L. Kennedy, Lecturer (50% time) in Music, at a salary rate
of $1,500 for Summer II, 1982.
Mr. Donald V. Lawler, 42, (M.F.A., Stephen F. Austin State University),
Lecturer (50% time) in Music, at a salary rate of $1,050 for Summer I,
1982.
11. Department of Physics
Mr. Michael F. Hibbs, Lecturer (50% time) in Physics, at a salary
rate of $994 for Summer I, 1982.
Mr. Edward J. Michaels, Jr., 24, (M.S., Stephen F. Austin State Uni
versity), Lecturer (50% time) in Physics, at a salary rate of $1,000
for Summer I, 1982.
12. Department of Secondary Education
Mr. Charles R. Bradbury, 38, (M.Ed., Stephen F. Austin State
University), Lecturer (50% time) in Secondary Education, at a
salary rate of $2,000 for Summer I, 1982.
Dr. Allan G. Cannon, Lecturer (50% time) in Secondary Education,
at a salary rate of $1,500 for Summer I, 1982.
Dr. Malcolm Rector, Lecturer (50% time) in Secondary Education,
at a salary rate of $1,500 for Summer I, 1982.
13. Department of Theatre
Ms. Sallie B. Laurie, 35, (M.F.A., Trinity University), Lecturer
(50% time) in Theatre, at a salary rate of $750 for Summer I, 1982.
Ms. Shirley R. Watterston, Lecturer (50% time) in Theatre, at a
salary rate of $750 for Summer I, 1982.
14. University Library
Mr. Donald H. Richter, Librarian III (100% time) at a salary rate
of $3,058 for Summer I, 1982.
Ms. Marthea Jo Turnage, Interim Librarian I (100% time), at a
salary rate of $2,083 for Summer I, 1982.
15. Applied Arts and Sciences
The following faculty have been appointed to teach off-campus for
Summer I, 1982, at the designated place, and for the salary indi
cated:
Molly Appleberry Humble $ 740
John Austin Longview/Humble 1,126
James Bowman Coffield 766
Duke Brannen Elkhart 612
Thomas Callaway Humble 740
Ronald Claunch Coffield 1,116
James C. Dennis Longview 636
Raymond Eastman Coffield 766
Ralph Eddins Humble 740
Charles Gardner Coffield 766
Patsy Hallman Longview 636
William Heeney Elkhart/Jasper 1,008
Mary Ella Lowe Humble 740
Samir Maamary Humble 990
Norman Markworth Longview/Humble 1,126
Morgan Moses Longview 636
Milton Payne Longview 636
Hugh Douglas Prewitt Humble 740
Jesse Richardson Coffield 1 ng
Margaret Rucker Longview *636
Dwane Russell Humble 740
Grady Willingham Longview 636
Marlin Young Longview 886
82-104
Upon motion of Regent Samuel, seconded by Regent Todd, with all members.
voting aye, it was ordered that the following changes in status be approved:
1. Department of English and Philosophy
Dr. Francis E. Abernethy, Professor of English, from 100% time
at $5,760 to 50% time at $2,880 for Summer I, 1982.
Dr. Terry Joe Box, Associate Professor of English, from 100% time
at $3,997 for Summer I to add 50% time for Summer II at a salary rate
of $1,998 for a total summer salary of $5,995.
Mr. Harry D. Dawson, Associate Professor of English, from 100% Summer
I only to 100% Summer I at $3,942 and 50% Summer II at $1,971 for a
total summer salary of $5,913.
Mr. Wilbert Love, Jr., Lecturer in English and Assistant to the
Dean of Liberal Arts, from 75% time summer appointment in the Dean's
Office at $4,154 to add Lectureship (25% time) in English for a total
summer salary of $5,539.
Dr. Fred Rodewald, Professor of English and Interim Assistant
Graduate Dean, from 100% time in English for Summer I to 50% time in
English and 50% time in the Graduate Office at $4,981 and 50% time in
the Graduate Office for Summer II. His total summer salary will be
$7,472.
Mr. Ira Jarrell Richman, Assistant Professor of English, from 50%
time Summer I at $1,715 tp 100% time Summer II at $3,431.
Dr. Leon Schultz, Assistant Professor of English, from 100% time
for Summer I at $3,197 to add 50% time for Summer II at $1,598 for
a total summer salary of $4,795.
Mr. Robert Lane Verner, Assistant Professor of English, from 100%
time for Summer II at $3,363 to 50% time for Summer I only at $1,681.
2. Department of Health and Physical Education
Dr. June Irwin, Professor of Health and Physical Education, from
100% time for Summer II at $5,510 to 100% time for Summer I and
Summer II for a total summer salary of $11,020.
3. Department of History
Dr. Jere L. Jackson, Associate Professor History, from 100% time
at $3,838 to 50% time at $1,919 for Summer I.
4. Department of Home Economics
Ms. Linda Freiman, Instructor in Home Economics, from 50% time
to 100% time for Summer II at a salary of $2,828.
Ms. Ethelind S. Gibson, Lecturer in Home Economics, to add
Summer I appointment of 37% time as Vocational Teacher Trainer at
$1,464 to the 13% time Lectureship for a total Summer I salary of
$1,875.
Dr. Sue Jones, Professor of Home Economics, from a 100% time
appointment in Summer I at $5,650 and 50% time in Summer II at
$2,300 to add 50% time to Summer II at $2,825 for a total summer
salary of $10,775.
5. Department of Management and Marketing
Mr. Joe Keith Ballenger, Assistant Professor of Management and
Marketing, from 50% time at $1,755 to 100% time at $3,510 for
Summer I.
Dr. Nancy C. Speck, Assistant Professor of Management and
Marketing and Assistant Vice President for Academic Affairs, from
50% time in Management and 50% time in VPAAfs office for Summer I
to 100% time in the VPAAfs office for Summer I and II, with no
change in salary.
Ms. Carolyn Spurrier, Assistant Instructor of Management and
Marketing from 50% time at $1,200 to 100% time at $2,400 for
Summer I.
6. Department of Mathematics and Statistics
Mr. Joe A. Neel,.Instructor of Mathematics, from 50% time at
$1,619 to 100% time at $3,238 for Summer I.
7. Department of Modern Languages
Mr. Manuel Mendoza, Assistant Professor of Modern Languages,
from 50% time at $1,783 to 100% time at $3,566 for Summer I.
Mr. James 0. Moses, Assistant Professor of Modern Languages,
from 50% time at $1,977 to 100% time at $3,954 for Summer I.
8. Department of Political Science and Geography
Dr. Wayne E. Johnson, Professor of Political Science, from 50%
time at $2,482 in. Summer I to 100% time at $4,964 in Summer II.
9. University Library
Ms. Ann Elizabeth Chandler, Librarian III, from $353 for 100% time
to $3,529 for 100% time for Summer I. This is to correct an error
in the printed summer budget.
10. Stone Fort Museum
Dr. James Corbin, Curator, from 100% time for 1.5 months at $3,489
to 100% time for one month at $2,326 for Summer II.
82-105
Upon motion of Regent Todd, seconded by Regent Garner, with all members
voting aye, it was ordered that the following resignations from summer
employment be accepted:
1. Department of Chemistry
Dr. James M. Garrett, Professor of Chemistry, effective Summer II
1982.
2. Department of Counseling and Special Educational Programs
Ms. Emile Kief, Lecturer in Counseling and Special Educational
Programs, effective Summer I and II, 1982.
3. Department of English and Philosophy
Mr. R. Jeff Banks, Assistant Professor of English, effective Summer
II, 1982.
Mr. David C. Howard, Assistant Professor of English, effective
Summer I, 1982.
4. Department of History
Dr. John W. Dahmus, Associate Professor of History, effective
Summer I and II, 1982.
5. Department of Home Economics
Dr. Barbara H. Barrett, Assistant Professor of Home Economics,
effective Summer II, 1982.
Mr. Billy Mack Ramsey, Assistant Professor of Home Economics,
effective Summer II, 1982.
6. Department of Mathematics and Statistics
Dr. William D. Clark, Professor of Mathematics, effective Summer II
1982.
7. Department of Music
Dr. Max L. Morley, Associate Professor of Music, effective
Summer II, 1982.
8. Department of Political Science and Geography
Mr. John 0. Stephens, Assistant Professor of Political Science,
effective Summer I, 1982.
9. Department of Theatre
Ms. Cathryn Robbins, Assistant Professor of Theatre, effective
Summer I, 1982.
82-106
Upon motion of Regent Bryce, seconded by Regent Samuel, with all members
voting aye, it was ordered that the following faculty and staff appoint
ments be approved:
1. Department of Agriculture
Mr. Joe E. Gotti, 32, (M.S., Clemson University), Assistant
Professor of Agriculture at a salary rate of $20,000 for 100% time for
nine months, effective September 1, 1982. This salary is contingent
upon Mr. Gotti having completed requirements for the Ph.D. degree.
Without the Ph.D. the salary will be $19,000.
Mr. Danny Allen Coffey, 24, (B.S. in Agriculture, Stephen F. Austin
State University), Beef Farm Manager at a salary rate of $13,146 for
100% time for twelve months, effective March 15, 1982.
2. Department of Art
Ms. Kimberly Burleigh, 23, (M.F.A., Indiana University), Assistant
Professor in Art, at a salary rate of $18,000 for 100% time for nine
months, effective September 1, 1982.
Mr. Robert Rogers Craner, 47, (M.F.A., University of California-
Santa Barbara), Assistant Professor of Art, at a salary rate of
$21,000 for 100% time for nine months, effective September 1, 1982.
Mr. Glen William Brunken, 38, (M.F.A., Wichita State University),
Assistant Professor of Art at a salary rate of $23,000 for 100% time
for nine months, effective September 1, 1982. Mr. Brunken is a
temporary replacement for Ms. Mary McCleary who is on a one-year
leave of absence.
3. Department of Computer Science
Dr. Harold D. Camp, 30, (Ph.D., University of Texas-Austin),
Assistant Professor of Computer Science, at a salary rate of
$25,000 for 100% time for nine months, effective September 1, 1982.
Ms. Teresa M. Lansford, 27, (M.C.S., Texas AcTM University),
Lecturer in Computer Science at a salary rate of $3,000 for 50% time
for the Fall semester, 1982, only.
4. Department of Economics and Finance
Mr. Arnold Michael Nitishin, 25, (B.B.A., Stephen F. Austin State
University), Assistant Instructor in Economics and Finance at a
salary rate of $15,000 for 100% time for nine months, effective
September 1, 1982. This appointment is contingent upon completion
of the M.B.A. degree by September 1, 1982.
Ms. Theresa Bates Wohlfahrt, 23, (M.B.A., Stephen F. Austin State
University), Instructor in Economics and Finance at a salary rate of
$18,000 for 100% time for nine months, effective September 1, 1982.
Ms. Wohlfahrt is a temporary replacement for Ms. Cheryl Warren who
has resigned.
5. Department of English and Philosophy
Mr. Cydney W. Adams, Lecturer in English at a salary rate of $3,256
for 50% time for the Fall Semester, 1982, only.
Dr. Diane H. Corbin, Lecturer in English at a salary rate of $3,472
for 50% time for the Fall Semester, 1982, only.
Ms. Annette S. Dawson, Lecturer in English at a salary rate of
$3,720 for 50% time for the Fall Semester, 1982, only.
Ms. Mary R. Devine, Lecturer in English at a salary rate of $3,250
for 50% time for the Fall Semester, 1982, only.
Mr. Jerry Lynn Harris, 32, (M.A., Stephen F. Austin State Uni
versity), Assistant Instructor in English at a salary rate of $6,500
for 100% time for the Fall Semester, 1982, and S3,250 for 50% time
for the Spring Semester, 1983, for a total nine months salary of
$9,750, beginning September 1, 1982. This appointment is contingent
upon completion of the M.A. degree by September 1, 1982.
Ms. JoAnne Howard, Lecturer in English at a salary rate of $3,256
for 50% time for the Fall Semester, 1982, only.
Ms. Beth E. H. Medrano, Lecturer in English at a salary rate of
$3,256 for 50% time for the Fall Semester, 1982, only.
10
Ms. Lynda Kaye Russell, 32, (M.A., Stephen F. Austin State Uni
versity), Assistant Instructor in English at a salary rate of
$6,500 for 100% time for the Fall Semester, 1982, and $3,250 for
50% time for the Spring Semester, 1983, for a total nine-months
salary of $9,750 beginning September 1, 1982. This appointment is
contingent upon completion of the M.A. degree by September 1, 1982.
Ms. Molly Abel Travis, Lecturer in English at a salary rate of
$3,256 for 50% time for the Fall Semester, 1982, only.
Ms. Kathryn King Wade, 32, (M.A., Stephen F. Austin State Uni
versity), Assistant Instructor in English at a salary rate of
$6,500 for 100% time for the Fall Semester, 1982, and S3,250 for
50% time for the Spring Semester, 1983, for a total nine-months salary
of $9,750, beginning September 1, 1982. This appointment is contingent
upon completion of the M.A. degree by September 1, 1982.
Mr. Lex Akers tfilliford, 27, (M.A., Stephen F. Austin State Uni
versity), Assistant Instructor in English at a salary rate of $6,500
for 100% time for the Fall Semester, 1982, and $4,875 for 75% time for
the Spring Semester, 1983, for a total nine-months salary of $11,375,
beginning September 1, 1982. This appointment is contingent upon
completion of the M.A. degree by September 1, 1982.
Ms. Deborah Thompson Yarrow, 25, (M.A., Hollins College), Lecturer
in English at a salary rate of $1,500 for 25% time for the Fall
Semester, 1982, only.
Dr. Stephenie O'Brien Yearwood, Lecturer in English at a salary
rate of $1,860 for 25% time for the Fall Semester, 1982, only.
6. School of Forestry
Mr. William H. Klein, 53, (M.F., Yale University), Assistant Pro
fessor of Forestry, at a salary rate of $27,050 for 100% time for
nine months, effective September 1, 1982.
7. Department of Home Economics
Ms. Sally Ann Hegland, Instructor in Home Economics, at a salary rate
erf $15,500 for 100% time for nine months, effective September 1,
1982. This appointment is subject to completion of the M.S.H.E. degree
by September 1, 1982. •
8. Department of Management and Marketing
Ms. Carolyn P. Spurrier, 39, (M.B.A., Stephen F. Austin State University),
Assistant Instructor in Management and Marketing, at a salary rate of
$15,000 for 100% time for nine months, effective September 1, 1982.
11
9. Department of Mathematics and Statistics
Ms. Kay Diane Fromme, Lecturer in Mathematics, at a salary rate of
$17,000 for 90% time for nine months, effective September 1, 1982.
Ms. Jane Staats Shepard, Lecturer in Mathematics, at a salary rate
of $17,000 for 90% time for nine months, effective September i, 1982.
Ms. Sandra Kathryne Welch, Lecturer in Mathematics, at a salary
rate of $17,000 for 90% time for nine months, effective September 1,
10. Division of Nursing
Ms. Charlene B. Schwab, 46, (M.S.N.Ed., Indiana University), As
sistant Professor of Nursing, at a salary rate of $25,000 for 100%
time for nine months, effective September 1, 1982.
11. Department of Physics
Mr. Michael Frank Hibbs, Instructor of Physics, at a salary rate of
$18,000 for 100% time for nine months, effective September 1, 1982.
Mr. Hibbs is a temporary replacement for Dr. James C. Dennis'who is
on a one-year leave of absence.
12. Department of Secondary Education
Ms. Betty Jane Harrison, Instructor in Secondary Education, at a
salary rate of $16,363 for 100% time for nine months, effective
September 1, 1982. Ms. Harrison is a temporary replacement for Ms.
Susan Paynter who has resigned.
13. Department of Sociology
Dr. J. Gregg Robinson, 33, (Ph.D., University of California-San
Diego)^Assistant Professor of Sociology, at a salary rate of $17,500
for 100% time for nine months, effective September 1, 1982. This'
appointment is contingent upon receipt of an official transcript in
dicating award of the Ph.D. degree.
14. University Library
Ms. Carol Jean Scamman, 29, (M.L.S., State University of New York
at Albany), Librarian I at a salary rate of 316,300 for 100% time
for nine months, effective September 1, 1982.
15. Computer Center
Ms. Gloria Jean Royal, Administrative Secretary I in the Computer
Center, at a salary rate of $10,400 for twelve months, effective
Spril 22, 1982. Ms. Royal replaces June White.
12
16. Division of Fascal Affairs
Mr. Robert N. Rogers, 38, Manager of Grounds, at a salary rate of
$21,500 for twelve months, effective June 14, 1982.
17. Office of University News and Information
Mr. Kenneth Kennamer, Director of News and Information, at a
salary rate of $30,000 for twelve months, effective August 1, 1982.
82-107
Upon motion of Regent Todd, seconded by Regent Garner, with all members
voting aye, it was ordered that the following changes in status be
approved:
1. Department of Accounting
Ms. Doris Ann Cummings, from Assistant Instructor to Instructor in
Accounting, effective September 1, 1982. This is to correct an error
in the printed budget.
Dr. Sammie L. Smith, Professor and Chairman, Department of Ac
counting, from a salary rate of $42,496 to $42,796, effective Septem
ber 1, 1982. This is to correct a budget oversight.
2. Department of Administrative Services
Dr. Kurt Stanberry, Assistant Professor of Administrative Services,
from a salary rate of $22,576 to $23,576, effective September 1,
1982. This is to correct a budget miscalculation.
3. Department of Art
Mr. Marcus Burke, Assistant Professor of Art, from a salary rate of
$18,032 to $18,482, effective September 1, 1982. This is to correct
a budget oversight.
Mr. John M. Daniel, Professor of Art, from a salary rate of $29,448
to $29,898, effective September 1, 1982. This is to'correct a budget
oversight.
4. Department of Biology
Dr. Charles W. Mims, Professor and Chairman, Department of Biology,
from a salary rate of $39,148 to $40,000, effective September 1, 1982.
This is to correct a budget oversight.
5. Department of Chemistry
Dr. Wayne Boring, Associate Professor of Chemistry, from a salary
rate of $27,653 to $28,103, effective September 1, 1982. This is to
correct a budget oversight.
13
6. Department of Computer Science
Dr. Craig A. Wood, Professor and Chairman, Department of Computer
Science, from a salary rate of $42,104 to $4.3,057, effective
September 1, 1982. This is to correct a budget oversight.
7. Early Childhood Laboratory
Ms. Katherine Rae Wynn, from Kindergarten Lead Teacher at a salary
rate of $13,367 to Kindergarten Master Teacher at a salary rate of
$13,967, effective July and August, 1982. Ms. Wynn is a temporaty
replacement for Ms. Jane Gregory who will be on leave until September
1, 1982. F
8. Department of Economics and Finance
Dr. Chester L. Allen, Professor of Economics and Finance, from a
salary rate of $29,248 to $29,698, effective September 1, 1982.
This is to correct a budget oversight.
Dr. Weldon Leroy Smith, Associate Professor of Economics and
Finance, from a salary rate of $29,027 to $29,077, effective Septem
ber 1, 1982. This is to correct a budget oversight.
Dr. Lynnette Solomon, Assistant Professor of Economics and Finance,
from a salary rate of $25,734 to $26,634, effective September 1, 1982.
This is to correct an error in the printed budget.
9. Department of Geology
Dr. Harry P. Hoge, Professor of Geology and Chairman, Department of
Geology, from a salary rate of $42,554 to $43,057, effective Septem
ber 1, 1982. This is to correct a budget oversight.
10. Department of Health and Physical Education
Ms. Loretta Sue Tinsley, Lecturer (75% time) in Health and Physical
Education, from a salary rate of Sl2,600 to $12,872, effective
September 1, 1982. This is to correct an error in the printed budget.
11. Department of History
Dr. James V. Reese, Professor of History and Dean, School of Liberal
Arts, from a salary rate of $42,162 to $42,126, effective September 1,
1982. This is to correct an error in the printed budget.
Dr. William Joseph Brophy, Professor of History and Chairman,
Department of History, from a salary rate of $36,063 to $37,891,
effective September 1, 1982. This is to correct a budget oversight.
14
12. Department of Management and Marketing
Dr. Bobby Gene Bizzell, Professor of Management and Marketing
from a salary rate of $32,484 to Professor of ManaPement and
Marketing and Interim Chairman of the Department at a salary rate of
$33,384, effective September 1, 1982. Dr. Bizzell will serve as
Interim Chairman of the Department during Dr. Prvor's leave of
absence.
13. Department of Mathematics and Statistics
Dr. Jasper E. Adams, Professor of Mathematics and Statistics, from
a salary rate of $7,916 to $8,029, effective September 1, 1982.
This is to correct a budget oversight and affects only that 25%
portion of his appointment in the Statistics Laboratory.
14. Department of Music
Mr. Kurt A. Gilman, Instructor of Music, from a salary rate of
$16,000 to ,-516,823, effective September 1, 1982. This is to correct
a budget error.
Dr. Max L. Morley, Associate Professor of Music, from a salary
rate of $22,856 to $23,306, effective September 1, 1982. This is to
correct a budget oversight.
15. Division of Nursing
Dr. Beverlyanne Robinson, Professor of Nursing and Director of the
Division of Nursing, from a salary rate of $43,383 to $43,893, ef
fective September 1, 1982. This is to correct a budget oversight.
16. Department of Physics
Dr. Thomas 0. Callaway, Associate Professor of Physics and Chair
man of the Department of Physics, from a salary rate of $35,261 to
536,636, effective September 1, 1982. This is to correct a budget
oversight. fe
Dr. James E. Nicholson, Associate Professor of Physics, from a
salary rate of $26,483 to $26,933, effective September 1, 1982.
This is to correct a budget oversight.
17. Division of Student Affairs
Dr. L. Baker Pattillo, Vice President for Student Affairs, to Vice
President for University Affairs, effective immediately. Change in
title only. *
15
t,lr' Da™in Crawford, from Head Resident II, at a salary rate of
$10,067 for twelve months to a temporary position as Manager of
Housing Operations at $5.10 per hour, effective May 31, 1982.
Ms. Charlene Cloudy, from Assistant Manager of Mail Services at
a salary rate of $10,064 to Acting Manager of Mail Services at a
salary rate of $11,864, effective March 15, 1982.
18. Division of Fiscal Affairs
Mr. Victor L. Shepherd, Auto Shop Foreman, at a salary rate of
$19,954, to Manager of Transportation, at a salary rate'of $21 500
for twelve months. ' '
19. Computer Center
Ms. Nelda Jordan, from Manager of Operations in the Computer
Center, to Manager of Payroll Services, with no change in salary
effective April 19, 1982. '
82-108
Upon motion of Regent Garner, seconded by Regent Wright, with all members
voting aye, it was ordered that the following resignations be accepted:
1. Department of Economics and Finance
Ms. Cheryl A. Warren, Instructor of Economics and Finance, ef
fective May 31, 1982. Ms. Warren will relocate in the Houston area.
2. School of Forestry
Dr. J. Robert Singer, Assistant Professor of Forestry effective
August 31, 1982. Dr. Singer resigned for personal reasons.
Mr. Steven Rey Tracy, Forest Technician, effective June 2, 1982
Mr. Tracy has accepted other employment.
3. Department of Home Economics
Ms. Laura L. Shivers, Instructor of Home Economics, effective
May 31, 1982. Ms. Shivers resigned for personal reasons.
4. Department of Secondary Education
Ms. Susan Youngblood Paynter, Instructor of Secondary Education
effective May 31, 1982. Ms. Paynter is moving to Waco with her '
husband.
5. Department of Mathematics and Statistics
Ms. Mary Ann Williford, Lecturer in Mathematics, effective June 2,
1982. Ms. Williford has resigned to accept employment in the Houston
area.
16
6. Dividion of Student Affairs
Ms. Jamie Fain, Associate Director of Housing, effective May 31,
1982. Ms. Fain is resigning to enter private business.
1y Computer Center
Ms. June White, Administrative Secretary I in the Computer Center,
effective April 23, 1982. Ms. White resigned to accept other em
ployment.
82-109
Upon motion of Regent Todd, seconded by Regent Jackson, with all members
voting aye, it was ordered that the following terminations be approved:
1. Department of English and Philosophy
Dr. Sydney E. Bellamy, Associate Professor of English. A hearing
was held by a Hearing Committee of faculty members, chosen under
the terms of the tenure policy, in late March and early April,
1982. The Committee has found that good cause exists for the
termination of Professor Bellamy.
2. Department of Elementary Education
Dr. Tommye D. Haas, Associate Professor of Elementary Education.
The Chairman of the Department of Elementary Education, the Dean of
the School of Education and the Vice President for Academic Affairs
have recommended the termination of Dr. Haas. Dr. Haas waived her
right to a hearing before a Hearing Committee of the University1s
Grievance Panel.
82-110
Upon motion of Regent Jackson, seconded by Regent Garner, it was ordered
that the following requests for leaves of absence be accepted:
1. Department of Management and Marketing
Dr. Mildred G. Pryor, Professor of Management and Marketing and
Chairman of the Department, effective September 1, 1982, through
May 31, 1983. Dr. Pryor will conduct research and work with industry.
2. Department of Physics
Dr. James Carl Dennis, Associate Professor of Physics, effective
August 3, 1982 through May 31, 1983. Dr. Dennis will pursue post
doctoral studies in microelectronics.
17
Dr. Robert W. Gruebel, Professor of Physics, effective June 1,
1982 through August 31, 1983. Dr. Gruebel seeks to gain practical
experience in radiation physics and radiation safety.
82-111
Upon motion of Regent Wright, seconded by Regent Jackson, with all
members voting aye, it was ordered that the following return from leave
be accepted:
1. Department of Biology
Dr. Charles D. Fisher, Associate Professor of Biology, effective
September 1, 1982.
82-112
Upon motion of Regent Todd, seconded by Regent Bryce, with all members
voting aye, it was ordered that the following retirements be honored:
1. Department of Art
Ms. Emily R. Hargraves, Assistant Professor of Art, effective
May 31, 1982.
2. Department of Political Science and Geography
Mr. John 0. Stephens, Assistant Professor of Political Science
effective May 31, 1982. '
3. Division of Fiscal Affairs
Mr. William H. Weaver, Special Services Foreman, effective June 11,
82-113
Upon motion of Regent Garner, seconded by Regent Jackson, with all
members voting aye, it was ordered that the following recommendation for
tenure be approved:
1. Division of Nursing
Mr. James Robertson, Assistant Professor of Nursing, effective
September 1, 1982. Mr. Robertsonf<s name was inadvertently omitted
from the original list of tenure awards which was submitted to the
Board in April, 1982.
18
82-114
Upon motion of Regent Bryce, seconded by Regent Wright, with all members
voting aye, it was ordered that the holiday schedule for University em
ployees on a twelve-month basis be approved, as listed below:
1982
Monday, September 6
Thursday, November 25
Friday, November 26
Friday, December 24
Monday, December 27
Tuesday, December 28
Wednesday, December 29
Thursday, December 30
Friday, December 31
1983
Friday, March 18
Friday, April 1
Monday, May 23
Monday, July 4
82-115
Upon motion of Regent Bryce, seconded by Regent Todd, with all members
voting aye, it was ordered that the appointment of Dr. Robert Maxwell
Professor of History (age 70), be approved for the Fall Semester, 1982.
82-116
Upon motion of Regent Todd, seconded by Regent Garner, with all members
voting aye, it was ordered that the Twelfth Class Day Enrollment Report
and the Last Class Day Enrollment Report for the Spring Semester, 1982
be approved. *
82-117
Upon motion of Regent Wright, seconded by Regent Bryce, with all members
voting aye, it was ordered that the Parking and Traffic Regulations
1982-83, be approved.
82-118
Upon motion of Regent Todd, seconded by Regent Garner, with all members
voting aye, it was ordered that the following budget adjustments for FY82
be approved:
Account Account
No. Name Purpose Amount
1. 1404 Purchasing Purchase of CRT for connection to
State Pur. PT Gen. Serv. Com.'s
Computer f7 SFA's Comp. Center 3,734.00
19
Account Account
No. Name Purpose
1405- Personnel
6000
Additional funds needed for
student assistants
T
Amount
1,000.00
3. 1015 Computer Science Construction costs for modifi-
1056-
9300 Applied Studies
1056- Applied Studies
0501
cations in lab
Funds to cover travel, sup
plies,etc., for ext. courses
To cover salaries for ex
tension courses
Source of Funds: Education and General Surplus
For Spring Arts Festival
8,797.47
17,000.00
5,000.00
$35,531.47
5,640.00
Additional expenses incurred due
to trip to Nat. Tournament 24,800.00
For purchase of automobile
other expenses not budgeted 14,000.00
Additional funds needed for re
mainder of fiscal year 12,784.46
Travel expenses to NAIA Basketball
Tournament in Kansas City 600.00
To pay excessive medical bills
not in original budget 9,500.00
Additional operational funds
needed
Additional operational funds
needed.
Additional operational funds
needed
16,000.00
16,000.00
1,222.00
Purchase of furnishings for new
office space for the RHA 6,000.00
$106,546.46
Source of Funds: Auxiliary Enterprise Surplus
20
82-119
Upon motion of Regent Wright, seconded by Regent Garner, with all members
voting aye, it was ordered that the Legislative Appropriation Request
for the fiscal years 1984 and 1985, for the sum of $32,332,891 for fiscal
year 1984 and $36,570,195.00 for fiscal year 1985, be approved as submitted
under separate cover.
82-120
Upon motion of Regent Todd, seconded by Regent Jackson, with all members
voting aye, it was ordered that the Depository Contracts for the period
September 1, 1982 to August 31, 1983, be approved and the Chairman of the
Board be authorized to sign the contracts, and that the University be
authorized to invest the cash funds to the maximum benefit of the'Uni
versity by purchasing Certificates of Deposits from the depository insti
tutions or by purchasing U. S. Treasury Bills. The depository institutions
are:
Commercial National Bank, Nacogdoches, Texas
Fredonia State Bank, Nacogdoches, Texas
Stone Fort National Bank, Nacogdoches, Texas
First City National Bank, Lufkin, Texas
Republic Bank of Lufkin, Lufkin, Texas
Nacogdoches Savings £ Loan Association, Nacogdoches, Texas
First Federal Savings $ Loan Association, Nacogdoches, Texas
Guaranty Federal Savings & Loan Association, San Antonio, Texas
82-121
Upon motion of Regent Wright, seconded by Regent Garner, with all members
voting aye, it was ordered that the following persons be authorized to
sign any and all vouchers and checks for the biennium endinp August 31,
1983-
Dr. William R. Johnson, President
Mr. Don L. Henry, Vice President for Administrative and Fiscal Affairs
Mr. Otto Ehrlich, Comptroller
Mr. David D. Stanley, Business Manager,
and that the following persons be authorized to sign vouchers for the
purchase of library books and other holdings for the biennium ending
August 31, 1983.
Mr. Al Cage, Director of Libraries
Mr. Lee Sullenger, Associate Library Director for Public Service
Ms. Peggy Gibson, Library Accounting Clerk III
Ms. Peggy Wedgeworth, Associate Director for Technical Services
Ms. Bernice Wright, Acquisitions Librarian II
21
82-122
Upon motion of Regent Garner, seconded by Regent Todd, with all members
voting aye, it was ordered that the following persons be authorized to
approve all travel requests by University employees for the biennium
ending August 31, 1983-
Dr. William R. Johnson, President
Dr. Edwin W. Gaston, Jr., Vice President for Academic Affairs
Mr. Don L. Henry, Vice President for Administrative $ Fiscal Affairs
Dr. Baker Pattillo, Vice President for University Affairs,
and that the following person be authorized to approve travel by members
of the Board of Regents:
Dr. Baker Pattillo, Secretary to the Board
82-123
Upon motion of Regent Jackson, seconded by Regent Bryce, with all members
voting aye, it was ordered that the firm of Kent-Marsellos-Scott, Lufkin,
Texas, be employed to design and supervise the construction of an addition
to the Early Childhood Laboratory Building and that the Chairman of the
Board be authorized to sign the architectural services agreement.
Source of Funds: Ad Valorem Tax Proceeds and/or Special Appropriation
22
CONTRACT FOR ARCHITECTURAL SERVICES
CITY OF NACOGDOCHES
THE STATE OF TEXAS
COUNTY OF NACOGDOCHES
THIS AGREEMENT made as of the Twentieth day of July in
the year Nineteen Hundred and Eighty-Two and between the BOARD OF
REGENTS STEPHEN F, AUSTIN STATE UNIVERSITY, NACOGDOCHES,
TEXAS acting herein by and through its President, hereinafter called the Owner,
and KENT-MARSELLOS-SCOTT, ARCHITECTS-ENGINEERS, Lufkin, Texas
hereinafter called the Architect far the following project:
ADDITIONS TO EARLY CHILDHOOD LABORATORY
The Owner and the Architect agree as set forth below.
NOW, THEREFORE, the Owner and the Architect for the considerations
hereinafter set forth agree as follows:
*• The Architect Shall provide professional services for the Project in
accordance with the Terms and Conditions of this Agreement.
II. The Owner shall compensate the Architect in accordance with the
Terms and Conditions of this Agreement as stated in Article 14.
All such payments and every payment herein provided shall be
from Ad Velorum Tax proceeds and or special appropriation
and other funds available to the Owner for expenditure for the use
and benefit of Stephen F. Austin State University.
III. The Architect and the Owner further agree to the following Terms
and Conditions:
23
ARTICLE 1
ARCHITECT'S SERVICES AND RESPONSIBILITIES
BASIC SERVICES
The Architect's Basic Services consist of the five phases described
in Paragraphs 1.1 through 1.5 and include normal structural,
mechanical and electrical engineering services and any other services
included in Article 15 as part of Basic Services.
i.l SCHEMATIC DESIGN PHASE
1.1.1 The Architect shall review the program furnished by the Owner to
ascertain the requirements of the Project and shall review the under
standing of such requirements with the Owner.
-2-
24
1.1.2 The Architect shall provide a preliminary evaluation of the program
and the Project budget requirements, each in terms of the other,
subject to the limitations set forth in Subparagraph 3.2.1.
1.1.3 The Architect shall review with the Owner alternative approaches to
design and construction of the Project.
1.1.4 Based on the mutually agreed upon program and Project budget re
quirements, the Architect shall prepare, for approval by the Owner,
Schematic Design Documents consisting of drawings and other documents
illustrating the scale and relationship of Project components.
1.1.5 The Architect shall submit to the Owner a Statement of Probable Con
struction Cost based on current area, volume or other unit costs.
1.2 DESIGN DEVELOPMENT PHASE
1.2.1 Based on the approved Schematic Design Documents and any adjust
ments authorized by the Owner in the program or Project budget, the
Architect shall prepare, for approval by the Owner, Design Development
Documents consisting of drawings and other documents to fix and describe
the size and character of the entire Project as to architectural, structural,
mechanical and electrical systems, materials and such other elements
as may be appropriate.
1.2.2 The Architect shall submit to the Owner a further Statement of Probable
Construction Cost.
1.3 CONSTRUCTION DOCUMENTS PHASE
1.3.1 Based on the approved Design Development Documents and any further
adjustments in the scope of quality of the Project or in the Project budget
-3-
25
authorized by the Owner, the Architect shall prepare, for approval by
the Owner, Construction Documents consisting of Drawings and Specifi
cations setting forth in detail the requirements for the construction of
the Project.
1.3.2 The Architect shall assist the Owner in the preparation of the necessary
bidding forms, the Conditions of the Contract, and the form of the Agree
ment between the Owner and the Contractor.
1.3*. 3 The Architect shall advise the Owner of any adjustments to previous
Statements of Probable Construction Cost indicated by changes in re
quirements or general market conditions.
1.3.4 The Architect shall assist the Owner in connection with the Owner's
responsibility for filing documents required for the approval of
government authorities having jurisdiction over the Project.
1.4 BIDDING OR NEGOTIATION PHASE
1.4.1 The Architect, following the Owner's approval of the Construction
Documents and of the latest Statement of Probable Construction Cost,
shall assist the Owner in obtaining bids or negotiated proposals, and
assist in awarding and preparing contracts for construction.
1.5 CONSTRUCTION PHASE—ADMINISTRATION OF THE CONSTRUCTION
CONTRACT
1.5.1 The Construction Phase will commence with the award of the Contract
for Construction and, together with the Architect's obligation to provide
Basic Services under this Agreement, will terminate when final payment
to the Contractor is due, or in the absence of a final Certificate for
-4-
26
Payment or of such due date, sixty days after the.Date of Substantial
Completion of the Work, whichever occurs first.
1.5.2 Unless otherwise provided in this Agreement and incorporated in the
Contract Documents, the Architect shall provide administration of the
Contract for Construction as set forth below and in the edition of ALA
Document A201, General Conditions of the Contract for Construction,
current as of the date of this Agreement.
1.5.3 The Architect shall be a representative of the Owner during the Construc
tion Phase, and shall advise and consult with the Owner. Instructions
to the Contractor shall be forwarded through the Architect. The Architect
shall have authority to act on behalf of the Owner only to the extent pro
vided in the Contract Documents unless otherwise modified by written
instrument in accordance with Subparagraph 1.5.16.
1.5.4 The Architect shall visit the site at intervals appropriate to the stage of
construction or as otherwise agreed by the Architect in writing to become
generally familiar with the progress and quality of the Work and to determine
in general if the Work is proceeding in accordance with the Contract
Documents. However, the Architect shall not be required to make
exhaustive or continuous on-site inspections to check the quality or
quantity of the Work. On the basis of such on-site observations as an
Architect, the Architect shall keep the Owner informed of the progress
and quality of the work, and shall endeavor to guard the Owner against
defects and deficiencies in the Work of the Contractor.
-5-
27
1.5.5 The Architect shall not have control or charge of and shall not be
responsible for construction means, methods, techniques, sequences
or procedures, or for safety precautions and programs in connection
with the Work, for the acts or omissions of the Contractor, Subcon
tractors or any other persons performing any of the Work, or for the
failure of any of them to carry out the Work in accordance with the
Contract Documents.
1.5.6 The Architect shall at all times have access to the Work wherever it is
in preparation or progress.
1.5.7 The Architect shall determine the amounts owing to the Contractor
based on observations at the site and on evaluations of the Contractor's
Applications for Payment, and shall issue Certificates for Payment in
such amounts, as provided in the Contract Documents.
1.5.8 The issuance of a Certificate for Payment shall constitute a representation
by the Architect to the Owner, based on the Architect's observations at
the site as provided in Subparagraph 1.5.4 and on the data comprising
the Contractor's Application for Payment, that the Work has progressed
to the point indicated; that, to the best of the Architect's knowledge,
information, and belief, the quality of the Work is in accordance with
the Contract Documents (subject to an evaluation of the Work for conformance
with the Contract Documents upon Substantial Completion, to the results
of any subsequent tests required by or performed under the Contract
Documents, to minor deviations from the Contract Documents correctable
-6-
28
prior to completion, and to any specific qualifications stated in the
Certificate for Payment); and that the Contractor is entitled to
payment in the amount certified. However, the issuance of a
Certificate for Payment shall not be a representation that the Architect
has made any examination to ascertain how and for what purpose
the Contractor has used the moneys paid on account of the Contract
Sum.
1.5.9 The Architect shall be the interpreter of the requirements of the Contract
Documents and the judge of the performance thereunder by both the
Owner and Contractor. The Architect shall render interpretations
necessary for the proper execution or progress of the Work with reasonable
promptness on written request of either the Owner or the Contractor,
and shall render written decisions, within a reasonable time, on all
claims, disputes and other matters in question between the Owner and
the Contractor relating to the execution or progress of the Work or the
interpretation of the Contract Documents.
1.5.10 Interpretations and decisions of the Architect shall be consistent with
the intent of and reasonably inferable from the Contract Documents and
shall be in written or graphic form. In the capacity of interpreter and
judge, the Architect shall endeavor to secure faithful performance by
any interpretation or decision rendered in good faith in such capacity.
1.5.11 The Architect's decisions in matters relating to artistic effect shall be
final if consistent with the intent of the Contract Documents. The
-7-
29
Architect's decisions on any other claims, disputes or other matters, includ
ing those in question between the Owner and the Contractor, shall be
subject to arbitration as provided in this Agreement and in the Contract
Documents.
1.5.12 The Architect shall have authority to reject Work which does not
conform to the Contract Documents. Whenever, in the Architect's
reasonable opinion, it is necessary or advisable for the implementation
of the intent of the Contract Documents, the Architect will have author
ity to require special inspection or testing of the Work in accordance
with the provision of the Contract Document, whether or not such Work
be then fabricated, installed or completed.
1.5.13 The Architect shall review and approve or take other appropriate action
upon the Contractor's submittals such as Shop Drawings, Product Data
and Samples, but only for conformance with the design concept of the
Work and with the information given in the Contract Documents. Such
action shall be taken with reasonable promptness so as to cause no delay.
The Architect's approval of a specific item shall not indicate approval of
an assembly of which the item is a component.
1.5.14 The Architect shall prepare Change Orders for the Owner's approval
and execution in accordance with the Contract Documents, and shall have
authority to order minor changes in the Work not involving an adjustment
in the Contract Sum or an extension of the Contract Time which are not
inconsistent with the intent of the Contract Documents.
-8-
30
1.5.15 The Architect shall conduct inspections to determine the Dates of
Substantial Completion and final completion, shall receive and forward
to the Owner for the Owner's review written warranties and related
documents required by the Contract Documents and assembled by
the Contractor, and shall issue a final Certificate for Payment.
1.5.16 The extent of the duties, responsibilities and limitations of authority
of the Architect as the Owner's representative during construction
shall not be modified or extended without written consent of the
Owner, the Contractor and the Architect.
1.6 PROJECT REPRESENTATION BEYOND BASIC SERVICES
1.6.1 If the Owner and Architect agree that more extensive representation
at the site than is described in Paragraph 1.5 shall be provided, the
Architect shall provide one or more Project Representatives to assist
the Architect in carrying out such responsibilities at the site.
1.6.2 Such Project Representatives shall be selected, employed and directed
by the Architect, and the Architect shall be compensated therefor as
mutually agreed between the Owner and the Architect as set forth in an
exhibit appended to this Agreement, which shall describe the duties,
responsibilities and limitations of authority of such Project Representatives.
1.6.3 Through the observations by such Project Representatives, the Architect
shall endeavor to provide further protection for the Owner against defects
and deficiencies in the Work, but the furnishing of such project representa
tion shall not modify the rights, responsibilities or obligations of the
Architect as described in Paragraph 1.5.
-9-
31
1.7 ADDITIONAL SERVICES
The following Services are not included in Basic Services unless so
identified in Article 15. They shall be provided if authorized or con
firmed in writing by the Owner, and they shall be paid for by the
Owner as provided in this Agreement, in addition to the compensation
for Basic Services.
1.7.1 Providing analyses of the Owner's needs, and programming the re
quirements of the Project.
1.7.2 Providing financial feasibility or other special studies.
1.7.3 Providing planning surveys, site evaluations, environmental studies
or comparative studies of prospective sites, and preparing special
surveys, studies and submissions required for approvals of govern
mental authorities or others having jurisdiction over the Project.
1.7.4 Providing services relative to future facilties, systems and equipment
which are not intended to be constructed during the Construction Phase.
1.7.5 Providing services to investigate existing conditions or facilities or to
make measured drawings thereof, or to verify the accuracy of drawings
or other information furnished by the Owner.
1.7.6 Preparing documents of alternate, separate or sequential bids or pro
viding extra services in connection with bidding, negotiation or con
struction prior to the completion of the Construction Documents Phase,
when requested by the Owner.
-10-
32
1.7.7 Providing coordination of Work performed by separate contractors
or by the Owner's own forces.
1.7.8 Providing services in connection with the work of a construction
manager or separate consultants retained by the Owner.
1.7.9 Providing Detailed Estimates of Construction Cost, analyses of owning
and operating costs; or detailed quantity surveys or inventories of
material, equipment and labor.
1.7.10 Providing services for planning tenant or rental spaces.
1.7.11 Making revisions in Drawings, Specifications or other documents when
such revisions are inconsistent with written approvals or instructions
previously given, are required by the enactment or revision of codes,
laws or regulations subsequent to the preparation of such documents
or are due to other causes not solely within the control of the Architect.
1.7.12 Preparing Drawings, Specifications and supporting data and providing
other services in connection with Change Orders to the extent that the
adjustment in the Basic Compensation resulting from the adjusted Con
struction Cost is not commensurate with the services required of the
Architect, provided such Change Orders are required by causes not
solely within the control of the Architect.
1.7.13 Making investigations, surveys, valuations, inventories or detailed
appraisals of existing facilities, and services required in connection
with construction performed by the Owner.
-11-
33
1.7.14 Providing consultation concerning replacement of any Work damaged
by fire or other cause during construction, and furnishing services as
may be required in connection with the replacement of such Work.
1.7.15 Providing services made necessary by the default of the Contractor,
or by major defects or deficiencies in the Work of the Contractor, or by
failure of performance of either the Owner or Contractor under the Contract
for Construction.
1.7.16 Providing extensive assistance in the utilization of any equipment or
system such as initial start-up or testing, adjusting and balancing, pre
paration of operation and maintenance manuals, training personnel for
operation and maintenance, and consultation during operation.
1.7.17 Providing services after issuance to the Owner of the final Certificate
for Payment, or in the absence of a final Certificate for Payment, more than
sixty days after the Date of Substantial Completion of the Work.
1.7.18 Preparing to serve or serving as an expert witness in connection with
any public hearing, arbitration proceeding or legal proceeding.
1.7.19 Providing services of consultants for other than the normal architectural,
structural, mechanical and electrical engineering services for the Project.
1.7.20 Providing any other services not otherwise included in this Agreement
or not customarily furnished in accordance with generally accepted archi
tectural practice.
-12-
34
ARTICLE 2
THE OWNER'S RESPONSIBILITIES
2.1 The Owner shall provide full information regarding requirements for
the Project including a program, which shall set forth the Owner's design
objectives, constraints and criteria, including space requirements and
relationships, flexibility and expandability, special equipment and
systems and site requirements.
2.2 . If the Owner provides a budget for the Project it shall include contingen
cies for bidding, changes in the Work during construction, and other
costs which are the responsibility of the Owner, including those des
cribed in this Article 2 and in Subparagraph 3.1.2. The Owner shall,
at the request of the Architect, provide a statement of funds available
for the Project, and their source.
2.3 The Owner shall designate, when necessary, a representative authorized
to act in the Owner's behalf with respect to the Project. The Owner or
such authorized representative shall examine the documents submitted
by the Architect and shall render decisions pertaining thereto promptly,
to avoid unreasonable delay in the progress of the Architect's services.
2.4 The Owner shall furnish a legal description and a certified land survey of
the site, giving, as applicable, grades and lines of streets, alleys,
pavements and adjoining property; rights-of-way, restrictions, easements,
encroachments, zoning, deed restrictions, boundaries and contours of
the site; locations, dimensions and complete data pertaining to
-13-
existing buildings, other improvements and trees; and full informa
tion concerning available service and utility lines both public and
private, above and below grade including inverts and depths.
2.5 The Owner shall furnish the services of soil engineers or other con
sultants when such services are deemed necessary by the Architect.
Such services shall include test borings, test pits, soil bearing values,
percolation tests, air and water pollution tests, ground corrosion and
resistivity tests, including necessary operations for determining sub
soil, air and water conditions, with reports and appropriate professional
recommendations.
2.6 The Owner shall furnish structural, mechanical, chemical and other
laboratory tests, inspections and reports as required by law or the
Contract Documents.
2.7 The Owner shall furnish all legal, accounting and insurance counseling
services as may be necessary at any time for the Project, including
such auditing services as the Owner may require to verify the Con
tractor's Applications for Payment or to ascertain how or for what pur
poses the Contractor uses the moneys paid by or on behalf of the Owner.
2.8 , The services, information, surveys and reports required by Paragraphs
2.4 through 2.7 inclusive shall be furnished at the Owner's expense, and
the Architect shall be entitled to rely upon the accuracy and completeness
thereof.
-14-
36
2.9 If the Owner observes or otherwise becomes aware of any fault
or defect in the Project or nonconformance with the Contract Documents,
prompt written notice thereof shall be given by the Owner to the
Architect.
2.10 The Owner shall furnish required information and services and shall
render approvals and decisions as expeditiously as necessary for the
orderly progress of the Architect's services and of the Work.
ARTICLE 3
CONSTRUCTION COST
3.1 DEFINITION
3.1.1 The Construction Cost shall be the total cost or estimated cost to the
Owner of all elements of the Project designed or specified by the
Architect.
3.1.2 The Construction Cost shall include at current market rates, including
a reasonable allowance for overhead and profit, the cost of labor and
materials furnished by the Owner and any equipment which has been
designed, specified, selected or specially provided for by the Architect.
3.1.3 Construction Cost does not include the compensation of the Architect
and the Architect's consultants, the cost of the land, rights-of-way,
or other costs which are the responsibility of the Owner as provided in
Article 2.
3.2 RESPONSIBILITY FOR CONSTRUCTION COST
15-
37
3.2.1 Evaluations of the Owner's Project budget, Satements of Probable
Construction Cost and Detailed Estimates of Construction Cost, if any,
prepared by the Architect, represent the Architect's best judgment
as a design professional familiar with the construction industry. It is
recognized, however, that neither the Architect nor the Owner has
control over the cost of labor, materials or equipment, over the Contractor's
methods of determining bid prices, or over competitive bidding, market
or negotiating conditions. Accordingly, the Architect cannot and does
not warrant or represent that bids or negotiated prices will not vary
from the Project budget proposed, established or approved by the
Owner, if any, or from any Statement or Probable Construction Cost or
other cost estimate or evaluation prepared by the Architect.
3.2.2 No fixed limit of Construction Cost shall be established as a condition
of this Agreement by the furnishing, proposal or establishment of a
Project budget under Subparagraph 1.1.2 or Paragraph 2.2 or otherwise,
unless such fixed limit has been agreed upon in writing and signed by
the parties hereto. If such a fixed limit has been established, the
Architect shall be permitted to include contingencies for design, bidding
and price escalation, to determine what materials, equipment, component
systems and types of construction are to be included in the Contract
Documents, to make reasonable adjustments in the scope of the Project
and to include in the Contract Documents alternate bids to adjust the
Construction Cost to the fixed limit. Any such fixed limit shall be
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increased in the amount of any increase in the Contract Sum occurring
after execution of the Contract for Construction.
3.2.3 If the Bidding or Negotiation Phase has not commenced within three
months after the Architect submits the Construction Documents to the
Owner, any Project budget or fixed limit of Construction Cost shall be
adjusted to reflect any change in the general level of prices in the con
struction industry between the date of submission of the Construction
Documents to the Owner and the date on which proposals are sought.
3.2.4 If a Project budget or fixed limit of Construction Cost (adjusted as provided
in Subparagraph 3.2.3) is exceeded by the lowest bona fide bid or
negotiated proposal, the Owner shall (1) give written approval of an
increase in such fixed limit, (2) authorize renegotiating of the Project
within a reasonable time, (3) if the Project is abandoned, terminate in
accordance with Paragraph 10.2, or (4) cooperate in revising the Project
scope and quality as required to reduce the Construction Cost. In the
case of (4), provided a fixed limit of Construction Cost has been es
tablished as a condition of this Agreement, the Architect, without
additional charge, shall modify the Drawings and Specifications as
necessary to comply with the fixed limit. The providing of such service
shall be the limit of the Architect's responsibility arising from the estab
lishment of such fixed limit, and having done so, the Architect shall
be entitled to compensation for all services performed, in accordance
with this Agreement, whether or not the Construction Phase is commenced.
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ARTICLE 4
DIRECT PERSONNEL EXPENSE
4.1 Direct Personnel Expense is defined as the direct salaries of all the
Architect's personnel engaged on the Project, and the portion of the cost
of their mandatory and customary contributions and benefits related
thereto, such as employment taxes and other statutory employee
benefits, insurance, sick leave, holidays, vacations, pensions
and similar contributions and benefits.
ARTICLE 5
REIMBURSABLE EXPENSES
5.1 Reimbursable Expenses are in addition to the Compensation for Basic
and Additional Services and include actual expenditures made by the
Architect and the Architect's employees and consultants in the interest
of the Project for the expenses listed in the following Subparagraphs:
5.1.1 Fees paid for securing approval of authorities having jurisdiction over
the Project.
5.1.2 Expense of data processing and photographic production techniques
when used in connection with Additional Services.
5.1.3 Expense of any additional insurance coverage or limits, including
professional liability insurance, requested by the Owner in excess
of that normally carried by the Architect and the Architect's consultants.
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40
ARTICLE 6
PAYMENTS TO THE ARCHITECT
6.1 PAYMENTS ON ACCOUNT OF BASIC SERVICES
6.1.1 Payments for Basic Services shall be made monthly and shall be in
proportion to services performed within each Phase of Services, on
the basis set forth in Article 14.
6.1.2 If and to the extent that the Contract Time initially established in the
Contract for Construction is exceeded or extended through no fault of the
Architect, compensation for any Basic Services required for such ex
tended period of Administration of the Construction Contract shall be
computed as set forth in Paragraph 14.2 for Additional Services.
6.1.3 When compensation is based on a percentage of Construction Cost, and
any portions of the Project are deleted or otherwise not constructed, com
pensation for such portions of the Project shall be payable to the extent
services are performed on such portions, in accordance with the schedule
set forth in Subparagraph 14.1.2 based on (1) the lowest bona fide bid
or negotiated proposal or, (2) if no such bid or proposal is received,
the most recent Statement of Probable Construction Cost or Detailed
Estimate of Construction Cost for such portions of the Project.
6.2 PAYMENTS ON ACCOUNT OF ADDITIONAL SERVICES
6.2.1 Payments on account of the Architect's Additional Services as defined
in Paragraph 1.7 and for Reimbursable Expenses as defined in Article
5 shall be made monthly upon presentation of the Architect's statement
of services rendered or expenses incurred.
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41
6 .3 PAYMENTS WITHHELD
6.3.1 No deductions shall be made from the Architect's compensation on
account of penalty, liquidated damages or other sums withheld from
payments to contractors, or on account of the cost of changes in the Work
other than those for which the Architect is held legally liable.
6.4 PROJECT SUSPENSION OR TERMINATION
6.4.1 If the Project is abandoned in whole or in part, the Architect shall
be compensated for all services performed prior to receipt of written
notice from the Owner of such abandonment, together with Reimbur
sable Expenses then due and all Termination Expenses as defined in
Paragraph 10.4. If the Project is resumed after being suspended for
more than three months, the Architect's compensation shall be equitably
adjusted.
ARTICLE 7
ARCHITECT'S ACCOUNTING RECORDS
7.1 Records of Reimbursable Expenses and expenses pertaining to Addi
tional Services and services performed on the basis of a Multiple of
Direct Personnel Expense shall be kept on the basis of generally accepted
accounting principles and shall be available to the Owner or the Owner's
authorized representative at mutually convenient times.
ARTICLE 8
OWNERSHIP AND USE OF DOCUMENTS
8.1 Drawings and Specifications as instruments of service are and shall
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42
remain the property of the Architect whether the Project for which they
are made is executed or not. The Owner shall be permitted to retain
copies of Drawings, Specifications for information and reference in
connection v/ith the Owner's use and occupancy of the Project. The
Drawings and Specifications shall not be used by the Owner on other
projects, for additions to this Project, or for completion of this Project
by others provided the Architect is not in default under this Agreement,
except by agreement in writing and with appropriate compensation
to the Architect.
8.2 Submission or distribution to meet official regulatory requirements or
for other purposes in connection with the Project is not to be construed
as publication in derogation of the Architect's rights.
ARTICLE 9
ARBITRATION
9.1 All claims, disputes and other matters in question between the parties
to this Agreement, arising out of or relating to this Agreement or the
breach thereof, shall be decided by arbitration in accordance with the
Construction Industry Arbitration Rules of the American Arbitration
Association then obtaining unless the parties mutually agree otherwise.
No arbitration, arising out of or relating to this Agreement, shall include,
by consolidation, joinder or in any other manner, any additional person
not a party to this Agreement except by written consent containing a
specific reference to this Agreement and signed by the Architect, the
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43
Owner, and any other person sought to be joined. Any consent to
arbitration involving an additional person or persons shall not constitute
consent to arbitration of any dispute not described therein. This
Agreement to arbitrate and any agreement to arbitrate with an addi
tional person or persons duly consented to by the parties to this Agree
ment shall be specifically enforceable under the prevailing arbitration law,
9.2 Notice of the demand for arbitration shall be filed in writing with the
other party to this Agreement and with the American Arbitration Associa
tion. The demand shall be made within a reasonable time after the claim,
dispute or other matter in question has arisen. In no event shall the
demand for arbitration be made after the date when institution of legal
or equitable proceedings based on such claim, dispute or other matter
in question would be barred by the applicable statute of limitations.
9.3 The award rendered by the arbitrators shall be final, and judgment
may be entered upon it in accordance with applicable law in any court
having jurisdiction thereof.
ARTICLE 10
TERMINATION OF AGREEMENT
10.1 This Agreement may be terminated by either party upon seven days1
written notice should the other party fail substantially to perform in
accordance with its terms through no fault of the party initiating the
termination.
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44
10*2 This Agreement may be terminated by the Owner upon at least seven
days1 written notice to the Architect in the event that the Project is
permanently abandoned.
10.3 In the event of termination not the fault of the Architect, the Architect
shall be compensated for all services performed to termination date,
together with Reimbursable Expenses then due and all Termination
Expenses as defined in Paragraph 10.4.
10 *4 Termination Expenses include expenses directly attributable to termina
tion for which the Architect is not otherwise compensated, plus an
amount computed as a percentage of the total Basic and Additional Com
pensation earned to the time of termination, as follows:
20 percent if termination occurs during the Schematic
Design Phase; or
10 percent if termination occurs during the Design Develop
ment Phase; or
5 percent if termination occurs during any subsequent phase.
ARTICLE 11
MISCELLANEOUS PROVISIONS
11 -1 Unless otherwise specified, this Agreement shall be governed by the law
of the principal place of business of the Architect.
11 '2 Terms in this Agreement shall have the same meaning as those in AIA
Document A201, General Conditions of the Contract for Construction,
current as of the date of this Agreement.
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45
H'3 As between the parties to this Agreement: as to all acts or failures
to act by either party to this Agreement, any applicable statute of
limitations shall commence to run and any alleged cause of action shall
be deemed to have accrued in any and all events not later than the
relevant Date of Substantial Completion of the Work, and as to any
acts or failures to act occurring after the relevant Date of Substantial
Completion, not later than the date of issuance of the final Certificate
for Payment.
11 *4 The Owner and the Architect waive all rights against each other and
against the contractors, consultants, agents and employees of the other
for damages covered by any property insurance during construction
as set forth in the edition of AIA Document A201, General Conditions,
current as of the date of this Agreement. The Owner and the Architect
each shall require appropriate similar waivers from their contractors,
consultants and agents.
ARTICLE 12
SUCCESSORS AND ASSIGNS
12 •! The Owner and the Architect, respectively, bind themselves, their
partners, successors, assigns and legal representatives to the other
party to this Agreement and to the partners, successors, assigns and
legal representatives of such other party with respect to all covenants of
this Agreement. Neither the Owner nor the Architect shall assign, sublet
or transfer any interest in this Agreement without the written consent
of the other .
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46
ARTICLE n
EXTENT OF AGREEMENT
13 .1 This Agreement represents the entire and integrated agreement between
the Owner and the Architect and supersedes all prior negotiations, re
presentations or agreements, either written or oral. This Agreement
may be amended only by written instrument signed by both Owner and
Architect.
ARTICLE 14
BASIS OF COMPENSATION
The Owner shall compensate the Architect for the Scope of Services
provided, in accordance with Article 6, Payments to the Architect,
and the other Terms and Conditions of this Agreement, as follows:
14 .1 BASIC COMPENSATION
14 .1.1 FOR BASIC SERVICES , as described in Paragraphs 1.1 through 1.5, and
any other services included in Article 15 as part of Basic Services, Basic
Compensation shall be computed as follows:
For work awarded under a single stipulated sum contract:
New work Seven per cent (7%) of the Construction Cost.
Remodeling Nine and 31/100 per cent (9.31%) of the
Construction Cost.
14.1.2 Where compensation is based on a Stipulated Sum or Percentage of
Construction Cost, payments for Basic Services shall be made as pro
vided in Subparagraph 6.1.2, so that Basic Compensation for each
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47
Phase shall equal the following percentages of the total Basic
Compensation payable:
Schematic Design Phase: percent (15%)
Design Development Phase: percent (35%)
Construction Documents Phase: percent (75%)
Bidding or Negotiation Phase: percent (80%)
Construction Phase: percent (100%)
14.2 COMPENSATION FOR ADDITIONAL SERVICES
14.2.1 FOR ADDITIONAL SERVICES OF THE ARCHITECT, as described in Para
graph 1.7, and any other services included in Article 15 as part of Addi
tional Services, but excluding Additional Services of consultants, Com
pensation shall be computed as follows:
Principals time at the fixed rate of $75.00 per hour. For
the purpose of this agreement the principals are:
Wilbur Kent
Floyd Marsellos
Ray Scott
Employees time (other than principals) at a multiple of 2-1/2
times the employee's Direct Personnel Expense as defined in
Article 4.
14.2.2 FOR ADDITIONAL SERVICES OF CONSULTANTS, including additional
structural, mechanical and electrical engineering services and those
provide under Subparagraph 1.7.21 or identified in Article 15 as part
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48
of Additional Services, a multiple of (1.5) times the amounts billed
to the Architect for such services.
14.3 FOR REIMBURSABLE EXPENSES, as described in Article 5, and any
other items included in Article 15 as Reimbursable Expenses, a multiple
of (1.0) times the amounts expended by the Architect, the Architect's
employees and consultants in the interest of the Project.
14.4 Payments due the Architect and unpaid under this Agreement shall
bear interest beginning sixty days from the date payment is due at the
rate of 6%.
14.5 The Owner and the Architect agree in accordance with the Terms and
Conditions of this Agreement that:
14.5.1 IF THE SCOPE of the Project or of the Architect's Services is changed
materially, the amounts of compensation shall be equitably adjusted.
ARTICLE 15
STATEMENT OF CERTIFICATION
The Texas Board of Architectural Examiners, 5555 N. Lamar Blvd.,
Bldg. H-117, Austin, Texas 78751, Phone: 512-458-1363, has
jurisdiction over individuals licensed under the Architects
Registration Law, Article 249a, VTCS .
ARTICLE 16
It is understood that the Architect will be instructed by the
Owner to proceed with conceptual studies and such schematic
design studies as are required to establish the scope of the project
and a cost estimate; and that any further service by the architect
will be upon the request of the Owner.
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49
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
President of the Board
ATTEST:
■?
Secretary
KENT, MARSELLOS AND SCOTT
ARCHITECTS -ENGINEERS
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50
82-124
Upon motion of Regent Garner, seconded by Regent Todd, with all members
voting aye, it was ordered that the firm of Morey/Fahler Incorporated,
Dallas, Texas, be employed to design and supervise the renovation of
the Ferguson Liberal Arts Building and a new addition to that facility
and that the Chairman of the Board be authorized to sign the architectural
services agreement.
Source of Funds: Ad Valorem Tax Proceeds and/or Special Appropriation
THE AMERICAN INSTITUTE OF ARCHITECTS 51
AlA Document B141
Standard Form of Agreement Between
Owner and Architect
1977 EDITION
THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES; CONSULTATION WITH
AN ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION
AGREEMENT
made as of the twentieth (20th) day of July in the year of Nineteen
Hundred and eighty two (1982)
BETWEEN the Owner: Stephen F. Austin State University
University Station
Nacogdoches, Texas 75962
and the Architect: MOREY/FAHLER INC.
H615 Forest Central Drive
Dallas, Texas 75243
For the following Project:
(Include detailed description of Project location and scope.) ' '
Alterations and remodelling of the Liberal Arts Building (Ferguson Buildinq)
and an addition thereto of approximately 35,000 square feet.
The Owner and the Architect agree as set forth below.
Copyright 1917, 1926, 1948, 1951, 1953, 1958, 1961, 1963, 1966, 1967, 1970, 1974, © 1977 by The American Institute
of Architects, 1735 New York Avenue, N.W., Washington, D.C. 20006. Reproduction of the material herein or
substantial quotation of its provisions without permission of the AlA violates the copyright laws of the United
States and will be subject to legal prosecution.
NTH EDITION • JULY 1977 • AlA® • © 1977
B141-1977 1
AlA DOCUMENT B141 • OWNER-ARCHITECT AGREEMENT • THIRTEENTH EDITION • JULY 1977 • AlA® • © 1977
THE AMERICAN INSTITUTE OF ARCHITECTS, 17.35 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006
52
TERMS AND CONDITIONS OF AGREEMENT BETWEEN OWNER AND ARCHITECT
ARTICLE 1
ARCHITECT'S SERVICES AND RESPONSIBILITIES
BASIC SERVICES
The Architect's Basic Services consist of the five
phases described in Paragraphs 1.1 through 1.5 and
include normal structural, mechanical and electrical
engineering services and any other services included
in Article 15 as part of Basic Services.
1.1 SCHEMATIC DESIGN PHASE
1.1.1 The Architect shall review the program furnished
by the Owner to ascertain the requirements of the Project
and shall review the understanding of such requirements
with the Owner.
1.1.2 The Architect shall provide a preliminary evalua
tion of the program and the Project budget requirements,
each in terms of the other, subject to the limitations set
forth in Subparagraph 3.2.1.
1.1.3 The Architect shall review with the Owner alterna
tive approaches to design and construction of the Project.
1.1.4 Based on the mutually agreed upon program and
Project budget requirements, the Architect shall prepare,
for approval by the Owner, Schematic Design Documents
consisting of drawings and other documents illustrating
the scale and relationship of Project components.
1.1.5 The Architect shall submit to the Owner a State
ment of Probable Construction Cost based on current
area, volume or other unit costs.
1.2 DESIGN DEVELOPMENT PHASE
1.2.1 Based on the approved Schematic Design Docu
ments and any adjustments authorized by the Owner in
the program or Project budget, the Architect shall pre
pare, for approval by the Owner, Design Development
Documents consisting of drawings and other documents
to fix and describe the size and character of the entire
Project as to architectural, structural, mechanical and elec
trical systems, materials and such other elements as may
be appropriate.
1.2.2 The Architect shall submit to the Owner a further
Statement of Probable Construction Cost.
1.3 CONSTRUCTION DOCUMENTS PHASE
1.3.1 Based on the approved Design Development Doc
uments and any further adjustments in the scope or qual
ity of the Project or in the Project budget authorized by
the Owner, the Architect shall prepare, for approval by
the Owner, Construction Documents consisting of Draw
ings and Specifications setting forth in detail the require
ments for the construction of the Project.
1.3.2 The Architect shall assist the Owner in the prepara
tion of the necessary bidding information, bidding forms,
the Conditions of the Contract, and the form of Agree
ment between the Owner and the Contractor.
1.3.3 The Architect shall advise the Owner of any adjust
ments to previous Statements of Probable Construction
Cost indicated by changes in requirements or general
market conditions.
1.3.4 The Architect shall assist the Owner in connection
with the Owner's responsibility for filing documents re
quired for the approval of governmental authorities hav
ing jurisdiction over the Project.
1.4 BIDDING OR NEGOTIATION PHASE
1.4.1 The Architect, following the Owner's approval of
the Construction Documents and of the latest Statement
of Probable Construction Cost, shall assist the Owner in
obtaining bids or negotiated proposals, and assist in
awarding and preparing contracts for construction.
T.5 CONSTRUCTION PHASE—ADMINISTRATION
OF THE CONSTRUCTION CONTRACT
1.5.1 The Construction Phase will commence with the
award of the Contract for Construction and, together with
the Architect's obligation to provide Basic Services under
this Agreement, will terminate when final payment to the
Contractor is due, or in the absence of a final Certificate
for Payment or of such due date, sixty days after the Date
of Substantial Completion of the Work, whichever occurs
first.
1.5.2 Unless otherwise provided in this Agreement and
incorporated in the Contract Documents, the Architect
shall provide administration of the Contract for Construc
tion as set forth below and in the edition of AIA Docu
ment A201, General Conditions of the Contract for Con
struction, current as of the date of this Agreement.
1.5.3 The Architect shall be a representative of the
Owner during the Construction Phase, and shall advise
and consult with the Owner. Instructions to the Contrac
tor shall be forwarded through the Architect. The Archi
tect shall have authority to act on behalf of the Owner
only to the extent provided in the Contract Documents
unless otherwise modified by written instrument in ac
cordance with Subparagraph 1.5.16.
1.5.4 The Architect shall visit the site at intervals ap
propriate to the stage of construction or as otherwise
agreed by the Architect in writing to become generally
familiar with the progress and quality of the Work and to
determine in general if the Work is proceeding in accord
ance with the Contract Documents. However, the Archi
tect shall not be required to make exhaustive or con
tinuous on-site inspections to check the quality or quan
tity of the Work. On the basis of such on-site observa
tions as an architect, the Architect shall keep the Owner
informed of the progress and quality of the Work, and
shall endeavor to guard the Owner against defects and
deficiencies in the Work of the Contractor.
1.5.5 The Architect shall not have control or charge of
and shall not be responsible for construction means,
methods, techniques, sequences or procedures, or for
safety precautions and programs in connection with the
Work, for the acts or omissions of the Contractor, Sub-
AIA DOCUMENT B141 • OWNER-ARCHITECT AGREEMENT • THIRTEENTH EDITION • JULY 1977 • AIA® • © 1977
THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 B141-1977 3
contractors or any other persons performing any of the
Work, or for the failure of any of them to carry out the
Work in accordance with the Contract Documents.
1.5.6 The Architect shall at all times have access to the
Work wherever it is in preparation or progress.
.1.5.7 The Architect shall determine the amounts owing
to the Contractor based on observations at the site and on
evaluations of the Contractor's Applications for Payment,
and shall issue Certificates for Payment in such amounts,
as provided in the Contract Documents.
1.5.8 The issuance of a Certificate for Payment shall
constitute a representation by the Architect to the Owner,
based on the Architect's observations at the site as pro
vided in Subparagraph 1.5.4 and on the data comprising
the Contractor's Application for Payment, that the Work
has progressed to the point indicated; that, to the best of
the Architect's knowledge, information and belief, the qual
ity of the* Work is in accordance with the Contract Docu
ments (subject to an evaluation of the Work for con-formance
with the Contract Documents upon Substantial
Completion, to the results of any subsequent tests re
quired by or performed under the Contract Documents,
to minor deviations from the Contract Documents cor
rectable prior to completion, and to any specific qualifica
tions stated in the Certificate for Payment); and that the
Contractor is entitled to payment in the amount certified.
However, the issuance of a Certificate for Payment shall
not be a representation that the Architect has made any
examination to ascertain how and for what purpose the
Contractor has used the moneys paid on account of the
Contract Sum.
1.5.9 The Architect shall be the interpreter of the re
quirements of the Contract Documents and the judge of
the performance thereunder by both the Owner and
Contractor. The Architect shall render interpretations nec
essary for the proper execution or progress of the Work
with reasonable promptness on written request of either
the Owner or the Contractor, and shall render written de
cisions, within a reasonable time, on all claims, disputes
and other matters in question between the Owner and the
Contractor relating to the execution or progress of the
Work or the interpretation of the Contract Documents.
1.5.10 Interpretations and decisions of the Architect shall
be consistent with the intent of and reasonably inferable
from the Contract Documents and shall be in written or
graphic form. In the capacity of interpreter and judge,
the Architect shall'endeavor to secure faithful perform
ance by both the Owner and the Contractor, shall not
show partiality to either, and shall not be liable for the
result of any interpretation or decision rendered in gotfd
faith in such capacity.
1.5.11 The Architect's decisions in matters relating to
artistic effect shall be final if consistent with the intent of
the Contract Documents. The Architect's decisions on
any other claims, disputes or other matters, including
those in question between the Owner and the Contractor,
shall be subject to arbitration as provided in this Agree
ment and in the Contract Documents.
1.5.12 The Architect shall have authority to reject Work
which does not conform to the Contract Documents
Whenever, in the Architect's reasonable opinion, it is
necessary or advisable for the implementation of the intent
of the Contract Documents, the Architect will have author
ity to require special inspection or testing of the Work in
accordance with the provisions of the Contract Docu
ments, whether or not such Work be then fabricated, in
stalled or completed.
1.5.13 The Architect shall review and approve or take
other appropriate action upon the Contractor's submittals
such as Shop Drawings, Product Data and Samples, but
only for conformance with the design concept of the
Work and with the information given in the Contract
Documents. Such action shall be taken with reasonable
promptness so as to cause no delay. The Architect's ap
proval of a specific item shall not indicate approval of an
assembly of which the item is a component.
1.5.14 The Architect shall prepare Change Orders for
the Owner's approval and execution in accordance with
the Contract Documents, and shall have authority to order
minor changes in the Work not involving an adjustment
in the Contract Sum or an extension of the Contract Time
which are not inconsistent with the intent of the Contract
Documents.
1.5.15 The Architect shall conduct inspections to deter
mine the Dates of Substantial Completion and final com
pletion, shall receive and forward to the Owner for the
Owner's review written warranties and related documents
required by the Contract Documents and assembled by
the Contractor, and shall issue a final Certificate for Pay
ment.
1.5.16 The extent of the duties, responsibilities and lim
itations of authority of the Architect as the Owner's rep
resentative during construction shall not be modified or
extended without written consent of the Owner, the Con
tractor and the Architect.
1.6 PROJECT REPRESENTATION BEYOND BASIC SERVICES
1.6.1 If the Owner and Architect agree that more ex
tensive representation at the site than is described in
Paragraph 1.5 shall be provided, the Architect shall pro
vide one or more Project Representatives to assist the
Architect in carrying out such responsibilities at the site.
1.6.2 Such Project Representatives shall be selected, em
ployed and directed by the Architect, and the Architect
shall be compensated therefor as mutually agreed be
tween the Owner and the Architect as set forth in an ex
hibit appended to this Agreement, which shall describe
the duties, responsibilities and limitations of authority of
such Project Representatives.
1.6.3 Through the observations by such Project Repre
sentatives, the Architect shall endeavor to provide further
protection for the Owner against defects and deficiencies
in the Work, but the furnishing of such project representa
tion shall not modify the rights, responsibilities or obliga
tions of the Architect as described in Paragraph 1.5.
1.7 ADDITIONAL SERVICES
The following Services are not included in Basic
Services unless so identified in Article 15. They shall
be provided \f authorized or confirmed in writing by
the Owner, and they shall be paid for by the Owner
as provided in this Agreement, in addition to the
. compensation for Basic Services.
54
1.7.1 Providing analyses of the Owner's needs, and pro
gramming the requirements of the Project.
1.7.2 Providing financial feasibility or other special
studies.
1.7.3 Providing planning surveys, site evaluations, envi
ronmental studies oc comparative studies of prospective
sites, and preparing special surveys, studies and submis
sions required for approvals of governmental authorities
or others having jurisdiction over the Project.
1.7.4 Providing services relative to future facilities, sys
tems and equipment which are net intended to be con
structed during the Construction Phase.
1.7.5 Providing services to investigate existing conditions
or facilities or to make measured drawings thereof, or to
verify the accuracy of drawings or other information fur
nished by the Owner.
1.7.6 Preparing documents of alternate, separate or
sequential bids or providing extra services in connection
with bidding, negotiation or construction prior to the
completion of the Construction Documents Phase, when
requested by the Owner.
1.7.7 Providing coordination of Work performed by
separate contractors or by the Owner's own forces.
1.7.8 Providing services in connection with the work of
a construction manager or separate consultants retained
by the Owner.
1.7.9 Providing Detailed Estimates of Construction Cost,
analyses of owning and operating costs, or detailed quan
tity surveys or inventories of material, equipment and
labor.
1.7.10 Providing interior design and other similar ser
vices required for or in connection with the selection,
procurement or installation of furniture, furnishings and
related equipment.
1.7.11 Providing services for planning tenant or rental
spaces.
1.7.12 Making revisions in Drawings, Specifications or
other documents when such revisions are inconsistent
with written approvals or instructions previously given,
are required by the enactment or revision of codes, laws
or regulations subsequent to the preparation of such doc
uments or are due to other causes not solely within the
control of the Architect.
1.7.13 Preparing Drawings, Specifications and supporting
data and providing other services in connection with
Change Orders to the extent that the adjustment in the
Basic Compensation resulting from the adjusted Con
struction Cost is not commensurate with the services re
quired of the Architect, provided such Change Orders are
required by causes not solely within the control of the
Architect.
1.7.14 Making investigations, surveys, valuations, inven
tories or detailed appraisals of existing facilities, and serv
ices required in connection with construction performed
by the Owner.
1.7.15 Providing consultation concerning replacement of
any Work damaged by fire or other cause during con
struction, and furnishing services as may be required in
connection with the replacement of such Work.
1.7.16 Providing services made necessary by the default
of the Contractor, or by major defects or deficiencies in
the Work of the Contractor, or by failure of performance
of either the Owner or Contractor under the Contract for
Construction.
1.7.17 Preparing a set of reproducib;e record drawings
showing significant changes in the Work made during
construction based on marked-up prints, drawings and
other data furnished by the Contractor to the Architect.
1.7.18 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.
1.7.19 Providing services after issuance to the Owner of
the final Certificate for Payment, cr in the absence of a
final Certificate for Payment, more than sixty days after
the Date of Substantial Completion of the Work.
1.7.20 Preparing to serve or serving as an expert witness
in connection with any public hearing, arbitration pro
ceeding or legal proceeding.
1.7.21 Providing services of consultants for other than
the normal architectural, structural, mechanical and elec
trical engineering services for the Project.
1.7.22 Providing any other services not otherwise in
cluded in this Agreement or not customarily furnished in
accordance with generally accepted architectural practice.
1.8 TIME
1.8.1 The Architect shall perform Basic and Additional
Services as expeditiously as is consistent with professional
skill and care and the orderly progress of the Work. Upon
request of the Owner, the Architect shall submit for the
Owner's approval, a schedule for the performance of the
Architect's services which shall be adjusted as required as
the Project proceeds, and shall include allowances for peri
ods of time required for the Owner's review and approval
of submissions and for approvals of authorities having
jurisdiction over the Project. This schedule, when approved
by the Owner, shall not, except for reasonable cause, be
exceeded by the Architect.
ARTICLE 2
THE OWNER'S RESPONSIBILITIES
2.1 The Owner shall provide full information regarding
requirements for trVe Project including a program, which
shall set forth the Owner's design objectives, constraints
and criteria, including space requirements and relation
ships, flexibility and expandability, special equipment and
systems and site requirements.
2.2 If the Owner provides a budget for the Project it
shall include contingencies for bidding, changes in the
Work during construction, and other costs which are the
responsibility of the Owner, including those described in
this Article 2 and in Subparagraph 3.1.2. The Owner shall,
at the request of the Architect, provide a statement of
funds available for the Project, and their source.
AIA DOCUMENT B141 • OWNER-ARCHITECT AGREEMENT • THIRTEENTH EDITION • JULY 1977 • AIA® • © 1977
THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 B141-1977 5
55
2.3 The Owner shall designate, when necessary, a rep
resentative authorized to act in the Owner's behalf with
respect to the Project. The Owner or such authorized
representative shall examine the documents submitted by
the Architect and shall render decisions pertaining thereto
promptly, to avoid unreasonable delay in the progress of
the Architect's services.
2.4 The Owner shall furnish a legal description and a
certified land survey of the site, giving, as applicable,
grades and lines of streets, alleys, pavements and adjoin
ing property; rights-of-way, restrictions, easements, en
croachments, 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 serv
ice and utility lines both public and private, above and
below grade, including inverts and depths.
2.5 The Owner shall furnish the services of soil engi
neers or other consultants when such services are deemed
necessary by the Architect. Such services shall include test
borings, test pits, soil bearing values, percolation tests, air
and water pollution tests, ground corrosion and resistivity
tests, including necessary operations for determining sub
soil, air and water conditions, with reports and appropri
ate professional recommendations.
2.6 The Owner shall furnish structural, mechanical,
chemical and other laboratory tests, inspections and re
ports as required by law or the Contract Documents.
2.7 The Owner shall furnish all legal, accounting and in
surance counseling services as may be necessary at any
time for the Project, including such auditing services as
the Owner may require to verify the Contractor's Applica
tions for Payment or to ascertain how or for what pur
poses the Contractor uses the moneys paid by or on be
half of the Owner.
2.8 The services, information, surveys and reports re
quired by Paragraphs 2.4 through 2.7 inclusive shall be
furnished at the Owner's expense, and the Architect shall
be entitled to rely upon the accuracy and completeness
thereof.
2.9 If the Owner observes or otherwise becomes aware
of any fault or defect in the Project or nonconformance
with the Contract Documents, prompt written notice
thereof shall be given by the Owner t'o the Architect.
2.10 The Owner'shaJI furnish required information and
services and shall render approvals and decisions as ex-peditiously
as necessary for the orderly progress of the
Architect's services and of the Work,
ARTICLE 3
CONSTRUCTION COSt
3.1 DEFINITION
3.1.1 The Construction Cost shall be the total cost or
estimated cost to the Owner of all elements of the Project
designed or specified by the Architect.
3.1.2 The Construction Cost shall include at current
market rates, including a reasonable allowance for over
head and profit, the cost of labor and materials furnished
by the Owner and any equipment which has been de
signed, specified, selected or specially provided for bv
the Architect.
3.1.3 Construction Cost does not include the compen
sation of the Architect and the Architect's consultants,
the cost of the land, rights-of-way, or other costs which
are the responsibility of the Owner as provided in Arti
cle 2.
3.2 RESPONSIBILITY FOR CONSTRUCTION COST
3.2.1 Evaluations of the Owner's Project budget, State
ments of Probable Construction Cost and Detailed
Estimates of Construction Cost, if any, prepared by the
Architect, represent the Architect's best judgment as a
design professional familiar with the construction indus
try. It is recognized, however, that neither the Architect
nor the Owner has control over the cost of labor, mate
rials or equipment, over the Contractor's methods of de
termining bid prices, or over competitive bidding, market
or negotiating conditions. Accordingly, the Architect
cannot and does not warrant or represent that bids or
negotiated prices will not vary from the Project budget
proposed, established or approved by the Owner, if any,
or from any Statement of Probable Construction Cost or
other cost estimate or evaluation prepared by the Archi
tect.
3.2.2 No fixed limit of Construction Cost shall be estab
lished as a condition of this Agreement by the furnishing,
proposal or establishment of a Project budget under Sub-paragraph
1.1.2 or Paragraph 2.2 or otherwise, unless such
fixed limit has been agreed upon in writing and signed by
the parties hereto. If such a fixed limit has been estab
lished, the Architect shall be permitted to include con
tingencies for design, bidding and price escalation, to de
termine what materials, equipment, component systems
and types of construction are to be included in the Con
tract Documents, to make reasonable adjustments in the
scope of the Project and to include in the Contract Docu
ments alternate bids to adjust the Construction Cost to the
fixed limit. Any such fixed limit shall be increased in the
amount of any increase in the Contract Sum occurring
after execution of the Contract for Construction.
3.2.3 If the Bidding or Negotiation Phase has not com
menced within three months after the Architect submits
the Construction Documents to the Owner, any Project
budget or fixed limit of Construction Cost shall be ad
justed to reflect any change in the general level of prices
in .the construction industry between the date of submis
sion of the Construction Documents to the Owner and
the date on which proposals are sought.
3.2.4 If a Project budget or fixed limit of Construction
Cost (adjusted as provided, in Subparagraph 3.2.3) is ex
ceeded by the lowest bona fide bid or negotiated pro
posal, the Owner shall (1) give wrrtten approval of an
increase in such fixed limit, (2) authorize rebidding or re
negotiating of the Project within a reasonable time, (3) if
the Project is abandoned, terminate in accordance with
Paragraph 10.2, or (4) cooperate in revising the Project
scope and quality as required to reduce the Construction
Cost. In the case of (4), provided a fixed limit of Construc
tion Cost has been established as a condition of this Agree
ment, the Architect, without additional charge, shall mod
ify the Drawings and Specifications as necessary to comply
6 B141-1977 AIA DOCUMENT B141 • OWNER-ARCHITECT AGREEMENT • THIRTEENTH EDITION • JULY 1977.. AIA®
THE AMER.CAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, ™ WASHINGTON, S.
56
with the fixed limit. The providing of such service shall be
the limit of the Architect's responsibility arising from the
establishment of such fixed limit, and having done so, the
Architect shall be entitled to compensation for all services
performed, in accordance with this Agreement, whether
or not the Construction Phase is commenced.
ARTICLE 4
DIRECT PERSONNEL EXPENSE
4.1 Direct Personnel Expense is defined as the direct sal
aries of all the Architect's personnel engaged on the Proj
ect, and the portion of the cost of their mandatory and
customary contributions and benefits related thereto, such
as employment taxes and other statutory employee bene
fits, insurance, sick leave, holidays, vacations, pensions
and similar contributions and benefits.
ARTICLE 5
REIMBURSABLE EXPENSES
5.1 Reimbursable Expenses are in addition to the Com
pensation for Basic and Additional Services and include
actual expenditures made by the Architect and the Archi
tect's employees and consultants in the interest of the
Project for the expenses listed in the following Sub-paragraphs:
5.1.1 Expense of transportation in connection with the
Project; living expenses in connection with out-of-town
travel; long distance communications, and fees paid for
securing approval of authorities having jurisdiction over
the Project.
5.1.2 Expense of reproductions, postage and handling of
Drawings, Specifications and other documents, excluding
reproductions for the office use of the Architect and the
Architect's consultants.
5.1.3 Expense of data processing and photographic pro
duction techniques when used in connection with Addi
tional Services.
5.1.4 If authorized in advance by the Owner, expense of
overtime work requiring higher than regular rates.
5.1.5 Expense of renderings, models and mock-ups re
quested by the Owner.
5.1.6 Expense of any additional insurance coverage or
limits, including professional liability insurance, requested
by the Owner in excess of that normally carried by the
Architect and the Architect's consultants.
ARTICLE 6
PAYMENTS TO THE ARCHITECT
6.1 PAYMENTS ON ACCOUNT OF BASIC SERVICES
6.1.1 An initial payment as set forth in Paragraph 14.1 is
the minimum payment under this Agreement.
6.1.2 Subsequent payments for Basic Services shall be
made monthly and shall be in proportion to services per
formed within each Phase of services, on the basis set
forth in Article 14.
6.1.3 If and to the extent that the Contract Time initially
established in the Contract for Construction is exceeded
or extended through no fault of the Architect, compensa
tion tor any Basic Services required for such extended
period of Administration of the Construction Contract
shal! be computed as set forth in Paragraph 14.4 for Addi
tional Services.
6.1.4 When compensation is based on a percentage of
Construction Cost, and any portions of the Project are
deleted or otherwise not constructed, compensation for
such portions of the Project shal! be payable to the extent
services are performed on such portions, in accordance
with the schedule set forth in Subparagraph 14.2.2, based
on (1) the lowest bona fide bid or negotiated proposal or,
(2) if no such bid or proposal is received, the most recent
Statement of Probable Construction Cost or Detailed Esti
mate of Construction Cost for such portions of the Project.
6.2 PAYMENTS ON ACCOUNT OF
ADDITIONAL SERVICES
6.2.1 Payments on account of the Architect's Additional
Services as defined in Paragraph 1.7 and for Reimbursable
Expenses as defined in Article 5 shall be made monthly
upon presentation of the Architect's statement of services
rendered or expenses incurred.
6.3 PAYMENTS WITHHELD
6.3.1 No deductions shall be made from the Architect's
compensation on account of penalty, liquidated damages
or other sums withheld from payments to contractors, or
on account of the cost of changes in the Work other than
those for which the Architect is held legally liable.
6.4 PROJECT SUSPENSION OR TERMINATION
6.4.1 If the Project is suspended or abandoned in whole
or in part for more than three months, the Architect shall
be compensated for all 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
10.4. If the Project is resumed after being suspended for
more than three months, the Architect's compensation
shall be equitably adjusted.
ARTICLE 7
ARCHITECT'S ACCOUNTING RECORDS
7.1 Records of Reimbursable Expenses and expenses per
taining to Additional Services and services performed on
the basis of a Multiple of Direct Personnel Expense shall
be kept on the basis of generally accepted accounting
principles and shall be available to the Owner or the
Owner's authorized representative at mutually convenient
times.
ARTICLE 8
OWNERSHIP AND USE OF DOCUMENTS
8.1 Drawings and Specifications as instruments of serv
ice are and shall remain the property of the Architect
whether the Project for which they are made is executed
or not. The Owner shall be permitted to retain copies, in
cluding reproducible copies, of Drawings and Specifica
tions for information and reference in connection with the
Owner's use and occupancy of the Project. The Drawings
and Specifications shall not be used by the Owner on
B141-1977 7
57
other projects, for additions to this Project, or for comple
tion of this Project by others provided the Architect is not
in default under this Agreement, except by agreement in
writing and with appropriate compensation to the Archi
tect.
8.2 Submission or distribution to meet official regulatory
requirements or for other purposes in connection with the
Project is not to be construed as publication in derogation
of the Architect's rights.
ARTICLE 9
ARBITRATION
9.1 All claims, disputes and other matters in question
between the parties to this Agreement, arising out of or
relating to this Agreement or the breach thereof, shall be
decided by arbitration in accordance with the Construc
tion Industry Arbitration Rules of the American Arbitra
tion Association then obtaining unless the parties mutu
ally agree otherwise. No arbitration, arising out of or re
lating to this Agreement, shall include, by consolidation,
joinder or in any other manner, any additional person not
a party to this Agreement except by written consent con
taining a specific reference to this Agreement and signed
by the Architect, the Owner, and any other person sought
to be joined. Any consent to arbitration involving an ad
ditional person or persons shall not constitute consent to
arbitration of any dispute not described therein or with
any person not named or described therein. This Agree
ment to arbitrate and any agreement to arbitrate with an
additional person or persons duly consented to by the
parties to this Agreement shall be specifically enforceable
under the prevailing arbitration law.
9.2 Notice of the demand for arbitration shall be filed in
writing with the other party to this Agreement and with
the American Arbitration 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.
9.3 The award rendered by the arbitrators shall be final,
and judgment may be entered upon it in accordance with
applicable law in any court having jurisdiction thereof.
ARTICLE 10
TERMINATION OF AGREEMENT
10.1 This Agreement may be terminated by either party
upon seven days' written notice should the other party
fail substantially to perform in accordance with its terms
through no fault of the party initiating the termination.
10.2 This Agreement may be terminated by the Owner
upon at least seven days' written notice to the Architect
in the event that the Project is permanently abandoned.
10.3 In the event of termination not the fault of the Ar
chitect, the Architect shall be compensated for all services
performed to termination date, together with Reimburs
able Expenses then due and all Termination Expenses as
defined in Paragraph 10.4.
10.4 Termination Expenses include expenses directly at
tributable to termination for which the Architect is not
otherwise compensated, plus an amount computed as a
percentage of the total Basic and Additional Compensa
tion earned to the time of termination, as follows:
.1 20 percent if termination occurs during the Sche
matic Design Phase; or
.2 10 percent if termination occurs during the Design
Development Phase; or
.3 5 percent if termination occurs during any subse
quent phase.
ARTICLE 11
MISCELLANEOUS PROVISIONS
11.1 Unless otherwise specified, this Agreement shall be
governed by the law of the principal place of business of
the Architect.
11.2 Terms in this Agreement shall have the same mean
ing as those in AIA Document A201, General Conditions
of the Contract for Construction, current as of the date
of this Agreement.
11.3 As between the parties to this Agreement: as to all
acts or failures to act by either party to this Agreement,
any applicable statute of limitations shall commence to
run and any alleged cause of action shall be deemed to
have accrued in any and all events not later than the rele
vant Date of Substantial Completion of the Work, and as
to any acts or failures to act occurring after the relevant
Date of Substantial Completion, not later than the date of
issuance of the final Certificate for Payment.
11.4 The Owner and the Architect waive all rights
against each other and against the contractors, consult
ants, agents and employees of the other for damages cov
ered by any property insurance during construction as set
forth in the edition of AIA Document A201, General Con
ditions, current as of the date of this Agreement. The
Owner and the Architect each shall require appropriate
similar waivers from their contractors, consultants and
agents.
ARTICLE 12
SUCCESSORS AND ASSIGNS
12.1 The Owner and the Architect, respectively, bind
themselves, their partners, successors, assigns and legal
representatives to the other party to this Agreement and
to the partners, successors, assigns and legal representa
tives of such other party with respect to all covenants of
this Agreement. Neither the Owner nor the Architect shall
assign, sublet, or" transfer any interest in this Agreement
without the written consent of the other.
ARTICLE 13
EXTENT OF AGREEMENT
13.1 This Agreement represents the entire and integrated
agreement between the Owner and the Architect and
supersedes all prior negotiations, representations or agree
ments, either written or oral. This Agreement may be
amended only by written instrument signed by both
Owner and Architect.
8 B141-1977
AIA DOCUMENT B141 • OWNER-ARCHITECT AGREEMENT,• THIRTEENTH EDITION •JULY 1977 • AIA® • ©1977
THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006
58
ARTICLE 14
BASIS OF COMPENSATION
The Owner shall compensate the Architect for the Scope of Services provided, in accordance with Article 6, Payments
to the Architect, and the other Terms and Conditions of this Agreement, as follows:
14.1 AN INITIAL PAYMENT of N0 dollars ($ 0 )
shall be made upon execution of this Agreement and credited to the Owner's account as follows:
14.2 8ASIC COMPENSATION
14.2.1 FOR BASIC SERVICES, as described in Paragraphs 1.1 through 1.5, and any other services included in Article 15
as part of Basic Services, Basic Compensation shall be computed as follows:
l^eneapp/"',7bneces0/arCOrPen""On' "1C'UC'"'g liXed amoun(s- <™'<'P'« of percentages, and identity Phases to which particular methods ot compensa-seven
percent (7%) of the cost of new construction (the 35,000 square
foot addition) plus nine and one third percent (9 1/3%) of the cost of the
alterations/remodelling in the existing building.
14.2.2 Where compensation is based on a Stipulated Sum or Percentage of Construction Cost, payments for Basic
Services sha be made as provided in Subparagraph 6.1.2, so that Basic Compensation for each Phase shall
equal the following percentages of the total Basic Compensation payable:
(Include any additional Phases as appropriate.)
Schematic Design Phase: percent (20%)
Design Development Phase: t( ]g%
Construction Documents Phase: percent (40%)
B.dd.ng or Negotiation Phase: nt ( ™ %
Construction Phase: t( 2Q
14'3 b? comSlfp? REPRESENTATION ,BEYOND BASIC SERVICES, as described in Paragraph 1.6, Compensation shall
be computed separately in accordance with Subparagraph 1.6.2. • .
THE AMERICAN iiNsiuuit Ul- ARCHITECTS. 1735 NFW YORK avfmiip mu/ \A/AcuiMrTm, r^ ^ ~™nns B141-1977 9
59
14.4 COMPENSATION FOR ADDITIONAL SERVICES
14.4.1 FOR ADDITIONAL SERVICES OF THE ARCHITECT, as described in Paragraph 1.7, and any other services in
cluded in Article 15 as part of Additional Services, but excluding Additional Services of consultants, Compen
sation shall be computed as follows:
('Here insert basis of compensation, including rates anc/or multiples of Direct Personnel Expanse lor Principals znU employees, and identify Principals
and classify employees, if required. Identiiy specific services to which particular methods of compensation apply, if necessary.)
(a) Principal's time at the fixed rate of sixty dollars ($60.00)
per hour. For the purpose of this Agreement, the Principals are:
A. Warren Morey
Darrell D. Fahler
(b) Technical Employees' time computed at a multiple of 2.5 times
the employees' Direct Personnel Expense.
14.4.2 FOR ADDITIONAL SERVICES OF CONSULTANTS, including additional structural, mechanical and electrical
engineering services and those provided under Subparagraph 1.7.21 or identified in Article 15 as part of Addi
tional Services, a multiple of One ( l.O ) times the amounts billed
to the Architect for such services.
(Identify specific types of consultants in Article 15. if required.)
14.5 FOR REIMBURSABLE EXPENSES, as described in Article 5, and any other items included in Article 15 as Reim
bursable Expenses, a multiple of One (1.0 ) times the amounts ex
pended by the Architect, the Architect's employees and consultants in the interest of the Project.
14.6 Payments due the Architect and unpaid under this Agreement shall bear interest from the date payment is
due at the rate entered below, or in the absence thereof, at the legal rate prevailing at the principal place of
business of the Architect.
(Here insert any rate of interest agreed upon.)
(Usury laws and requirements under the Federal Truth in Lending.Act, similar state and local consumer credit laws and other regulations at the
Owner's and Architect's principal places of business, the location of the Project and elsewhere may affect the validity of this provision. Specific legal
advice should he obtained with respect to deletion, modification, or other requirements such as written disclosures or waivers.)
14.7 The Owner and the Architect agree in accordance with the Terms and Conditions of this Agreement that:
14.7.1 IF THE SCOPE of the Project or of the Architect's Services is changed materially, the amounts of compensation
shall be equitably adjusted.
14.7.2 IF THE SERVICES covered by this Agreement have not been completed within
24) months of the date hereof, through no fault of the Architect, the amounts of compensation, rates and
multiples set forth herein shall be equitably adjusted.
1ft ni^-1 1O77 AIA DOCUMENT B141 • OWNER-ARCHITECT AGREEMENT • THIRTEENTH EDITION • JULY 1977 • AIA® • © 1977
IU Bm-l9// THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006
60
ARTICLE 15
OTHER CONDITIONS OR SERVICES
Architect to provide full-time project representative during construction
phase as basic service.
AIA DOCUMENT B141 • OWNER-ARCHITECT AGREEMENT • THIRTEENTH EDITION • JULY 1977 • AIA® • © 1977
THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C 20006 . B141-1977 11
61
This Agreement entered into as of the day and year first written above.
OWNER
Stephen F. Austin
ARCHITECT
State University
BY
MOREY/FAHLER INC.
11615 Forest Central Drive
A. Warren Morey
Chairman of the Board
12 B141-1977
AIA DOCUMENT B141 • OWNER-ARCHITECT AGREEMENT • THIRTEENTH EDITION • JULY 1977 • AIA® • ©1977
THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006
62
82-125
Upon motion of Regent Wright, seconded by Regent Garner, with all members
voting aye, it was ordered that Change Order No. 1 on the Art Studio
Contract with Temple Associates, in the amount of $6,136.00, be approved
and the Chairman of the Board be authorized to sign the Change Order.
Source of Funds: Ad Valorem Tax Building Funds
CHANGE
ORDER
AIA DOCUMENT G701
Distribution to: .
OWNER 0
ARCHITECT □
CONTRACTOR D
FIELD □
OTHER C
PROJECT: ART BUILDING - STEPHEN F . AUSTIN CHANCE ORDER NUMBER- ONE (1)
(name, address) STATE UNIVERSITY
Trktr f , INITIATION DATE: 7/19/82
TO (Contractor):
| " 1
Temple Associates, Inc. I
P O Box 730
Diboll, Texas 75941
ARCHITECT'S PROJECT NO: 4107
CONTRACT FOR: General Contract Work
| CONTRACT DATE: April 18, 1981
You are directed to make the following changes in this Contract:
>
Modification No. -2?"- Add Cabinet Door Hinges
Add to Contingency Fund
+ $ 1,136.00
5,000.00
+ $ 6,136.00
Not valid until signed by both the Owner and Architect.
Signature of the Contractor indicates his agreement herewith, including any adjustment in the Contract Sum or Contract Time.
The original (Contract Sum.) (Guaranteed Maximum Coot)-was .. . .- $ 2 100 000 00
Net change by previously authorized Change Orders $ r.
The (Contract Sum) (Guaranteed Maximum Cost) prior to this Change Order was $ 2,100,000.00
The (Contract Sum) (Guaranteed Maximum Cost) will be (increased) (docroascdHunchanGcd)
by this Change Order . .. $ 6,136.00
The new (Contract Sum) (Guaranteed Maximum Cost) including this Change Order will be ... $ 2,106,136.00
The Contract Time will be -(rncreajcd) (decreased) (unchanged) by ( j Days*
The Date of Substantial Completion as of the date of this Change Order therefore is
Authorized:
Kent-Marsellos-Scott , Architects- Temple Associates, Inc. Stephen F . Austin State Uniy-architect
Engineers contractor ■ owner ~~ ©*=*ity
P. ° *nx ?Sf)9 - P. O. Rnv 7^0 P. O. Box 6078
Address Address XddrT^ ~
Lufkin. Texas 75.901 DibolU T^c^s^TSy^l Nacog^lae^eF;"Texas 75962
AIA DOCUMENT G701 • CHANGE ORDER • APRIL 1978 EDITION • AIA(» • © 1978
THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE , N VV . WASHINGTON, D.C 2n00f. G701 — 1978
64
82-126
Upon motion of Regent .Jackson, seconded by Regent Bryce, with all members
voting aye, it was ordered that the contract with Utley-James, Inc./Bryan
Construction Company in the amount of $4,658,000.00 for the construction
of the Math/Nursing Classroom Building be approved and the Chairman of
the Board be authorized to sign the contract.
Source of Funds: Ad Valorem Tax Building Funds
65
THE AMERICAN INSTITUTE OF ARCHITECTS
AIA Document A101
Standard Form of Agreement Between
Owner and Contractor
where the basis of payment is a
STIPULATED SUM
1977 EDITION
THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES; CONSULTATION WITH
AN ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION
Use only with the 1976 Edition of AIA Document A201, General Conditions of the Contract for Construction.
This document has been approved and endorsed by The Associated General Contractors of America.
AGREEMENT
made as of the twentieth (20th) day of
Hundred and eighty-two (1982).
July in the year of Nineteen
BETWEEN the Owner: Stephen F. Austin State University
Nacogdoches? Texas
and the Contractor: , UtleyrJamea, Inc./Bryan Construction Company
The Project:
The Architect:
Instructional Facilities for the
School of Science and Mathematics
Stephen F. Austin State University
Nacogdoches, Texas
Wiener, Hill, Morgan, O'Neal & Sutton
4100-A South Medford Drive
Lufkin, Texas 75901
The Owner and the Contractor agree as set forth below.
Copyright 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, © 1977 by the American Institute of Architects, 1735 New
York Avenue, N.W., Washington, D. C. 20006. Reproduction of the material herein or substantial quotation of its provisions
without permission of the AIA violates the copyright laws of the United States and will be subject to legal prosecution.
AIA DOCUMENT A101 • OWNER-CONTRACTOR AGREEMENT • ELEVENTH EDITION • JUNE 1977 • AIA®
©1977 • THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D. C. 20006 A101-1977 1
66
ARTICLE 1
THE CONTRACT DOCUMENTS
The Contract Documents consist of this Agreement, the Conditions of the Contract (General, Supplementary and
other Conditions), the Drawings, the Specifications, all Addenda issued prior to and all Modifications issued after exe
cution of this Agreement. These form the Contract, and al! are as fully a part of the Contract as if attached to this
Agreement or repeated herein. An enumeration of the Contract Documents appears in Article 7.
ARTICLE 2
THE WORK
The Contractor shall perform all the Work required by the Contract Documents for
(Here insert the caption descriptive of the Work as used on other Contract Documents.)
INSTRUCTIONAL FACILITIES FOR THE
SCHOOL OF SCIENCE AND MATHEMATICS
Department of Mathematics
Division of Nursing
STEPHEN F. AUSTIN STATE UNIVERSITY
Nacogdoches, Texas
ARTICLE 3
TIME OF COMMENCEMENT AND SUBSTANTIAL COMPLETION
The Work to be performed under this Contract shall be commenced
and, subject to authorized adjustments, Substantial Completion shall be achieved not later than
(Here insert any special provisions for liquidated damages relating to failure to complete on time.)
August 1, 1983.
Contractor shall agree to pay as Liquidated Damages, the sum of
Two Hundred Dollars ($200.00) for each consecutive calendar day
thereafter the work remains uncompleted. The said amount of
liquidated damages is fixed and agreed upon by and between the
Contractor and the Owner because of the impracticality and extreme
difficulty of fixing and ascertaining the actual damages the Owner
would in such event sustain and said amount is agreed to be yhe
amount of damages which the Owner would sustain. Said amount may
be retained from time to time by the Owner from current peridical
es t imat es.
AIA DOCUMENT A101 • OWNER-CONTRACTOR AGREEMENT • ELEVENTH EDITION • JUNE 1977 • AIA®
©1977 • THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D. C. 20006 A101-1977 2
67
ARTICLE 4
CONTRACT SUM
The Owner shall pay the Contractor in current funds for the performance of the Work, subject to additions and
deductions by Change Order as provided in the Contract Documents, the Contract Sum of Four Million
Six Hundred Fifty-Eight Thousand, and No/100 Dollars (.$4,658,000.00)
The Contract Sum is determined as follows:
(State here the base bid or other lump sum amount, accepted alternates, and unit prices, as applicable.)
Base Bad: $4,658,000.00
ARTICLE 5
PROGRESS PAYMENTS
K Th>^^^ f°r ^T™ fubmitted t0 the Architect by the Contractor and Certificates for Payment issued
vIHp nil r , , SWner sha" makLe Pr°8ress P^ments on account of the Contract Sum to the Contractor as pro
vided in the Contract Documents for the period ending the last day of the month as follows:
Not later than ten (10) days following the end of the period covered by the Application for Payment
ninety-five Percent ( 95%) of the portion of the Contract Sum properly allocable to labor, materials and
seumPnmnn '"T^ '" ^ W?* ^ n*nety,five percent < 95 %) of the portion of the ContS
Sum properly allocable to materials and equipment suitably stored at the site or at some other location agreed upon
Ownlr ™n Th? T! r by,the APP icLation for PaVment' le« the aggregate of previous payments made by the
Owner and upon Substantial Completion of the entire Work, a sum sufficient to increase the total payments to
^romnir^Y T*"' (, ?5,%) °f the Contract Sum' less such amounts as the Architect shall determine for all incomplete Work and unsettled claims as provided in the Contract Documents.
'" "" ^""^ D°CUmentS' here inse" "V provision lor limiting or reducinS the amount retained alter the Work reaches a certain
Payments due and unpaid under the Contract Documents shall bear interest from the date payment is due at the rate
entered below, or in the