Minutes of Board of Regents of Stephen F. Austin State University. 1983, Volume No. 62

              Stephen F. Austin
State University
Minutes of the
Board of Regents
Nacogdoches, Texas
January 25,1983
Volume 62
INDEX
Minutes of the Meeting
Stephen F. Austin State University-
Board of Regents
Held in Nacogdoches, Texas
January 25, 1983
83-37 Approval of Minutes 2
83-38 Election of President 2
83-39 Faculty and Staff Appointments 2
83-40 Changes in Status 4
83-41 Resignations 5
83-42 Request for Leave 5
83-43 Retirements 6
83-44 Approval of Faculty Workload Report for 1983
Spring Semester 6
83-45 Authorization for Chairman of the Board to Approve
Twelfth Class Day Enrollment Report for 1983
Spring Semester 6
83-46 Approval of Last Class Day Enrollment Report for
1982 Fall Semester 6
83-47 Request for Change in Admissions Requirements - Not
Approved 6
83-48 Approval for President to Admit a Number of Students
not Meeting Requirements Set by Board 6
83-49 Budget Adjustments for FY83 7
83-50 Approval of Room and Board Rates for FY84 7
83-51 Approval of 1982 Final Fiscal Year Transfers 7
83-52 Approval of Allocation for Student Housing 7
83-53 Authorization to Lease Long Distance Telephone Equipment 7
83-54 Authorization to Lease Automatic Teller Machines 9
83-55 Approval of Change Order No. 1 on Chemistry Building
Renovation Project 9
83-56 Approval of Contract for Installation of Chiller in
Power Plant 1 13
83-57 Approval of Contract for Improvements to Sanitary
Sewage System 24
83-58 Authorisation to Plan and Obtain Bids on Summer Projects 32
83-59 Authorization to Seek Bids for Repairs § Renovations of
East College Cafeteria 32
83-60 Authorisation to Seek Bids for Replacement of Coliseum
Floor 32
83-61 Approval of Preliminary Plans on Forestry Lab--1983
Renovation Project 32
83-62 Approval to Seek Bids on Construction of a Motor Pool
and Grounds Shop 32
83-63 Plans to Renovate Press Box - Not Approved 33
83-64 Approval of Architectural Contract for Small Renovation
Projects 33
83-65 Approval of Contracts for Furniture in the Math/Nursing
Instructional Facilities Project 62
83-66 Acceptance of Report on Purchase of Brick for Math/Nursing
Instructional Facility ' '98
83-67 Approval to Include Contract on the Renovation of Griffith
Fine Arts Building Into Minutes 98
83-68 Approval of Change Order No. 1 on the Field House Addition 110
83-69 Approval of Change Order No. 2 on the Chemistry Building
Renovation Project . 112
83-70 Endorsement of Proposed Sesquicentennial Project 115
MINUTES OF THE MEETING
BOARD OF REGENTS
STEPHEN F. AUSTIN STATE UNIVERSITY
HELD IN NACOGDOCHES, TEXAS
January 25, 1983
The meeting was called to order by Mr.. Glenn Justice, Chairman of the
Board of Regents, at 9:00 a.m. January 25, 1983.
REGENTS -
PRESENT: Mr.
Mr.
Mrs
Mr.
Mr.
Mr.
Mr.
Mr.
Mrs.
Glenn Justice of Dallas
Ted Bowen of Houston
, George Cullum, Jr. of Dallas
Homer Bryce of Henderson
Flstcher Garner of Bridge City
Larry Jackson of Piano
Robert E. Samuel, Jr. of Madisonviile
Walter Todd of Dallas
Tom Wright of Nacogdoches
STAFF -
PRESENT: Dr. William R. Johnson, President of the University
Dr. Edwin Gaston, Vice President for Academic Affairs
Dr. Baker Pattiilo Vice President for University Affairs
Mr. Don L. Henry, Vice President for Administrative and
Fiscal Affairs
Mr. Robert Provan, Legal Counsel
Mr. Clyde S. Carman, Director of Development
VISITORS -
PRESENT: Mr. George Cullum, Regent Cullum's Spouse
Mr. Ro.;s Crow, President of Student Government
Ms. Leah Poston, Vice President for Academic Affairs of
Student Government
8.3-37
Upon motion of Regent Samuels, seconded by Regent Bryce, with all members
rn^e- xt was ordered that the minutes of the meeting of October 12
1.982, be approved.
83-38
Upon motion of Regent Todd, seconded ,by Regent Garner, with all members
V° Sg aye' xt.was ordered that Dr. William R. Johnson be electee. President
or the University for the period September 1, 1983 to August 31, 1984.
83-39
Upon motion of Regent Jackson, seconded by Regent Wright, with all members
voting aye it was ordered that the following individuals be employed for the
positions, dates, and salaries indicated:
1. Applied Arts and Sciences
iS' P^°fessor of Economics and Finance, as Coordinator
f T^,md L03n TraininS Institute, at a salary rate of
for the Fall Semester, 1982, only.
2. Department of Communication
Ms Fredagin P. Peppard, Lecturer in Communication, at a salery rate
of $6,000 for 50% time for the 1982 Fall Semester only.
3. Department of Computer Science
Mr. Charles Allen West, Assistant Instructor in Computer Science at a
salary rate of $8,000 for 100% time for the 1983 Spring Semester onl-
Mr. West is a candidate for the M. S. degree in December, 19?;2.
4. Department of Economics and Finance
of<n!SnnA; W°?cf' Lectfer in Economics and Finance, at a sUary rare
of $1,500 for 25% time for the 1983 Spring Semester only.
5. Department of Elementary Education
Dr. Sandra Tillman Lowery, Lecturer in the Department of Elementary
Education, at a salary rate of $1,796 for 25% time for the IS 83 SpriPK
Semester only. F "*
6. Department of Management and Marketing
Mr. Allen B. Atkins, Assistant Instructor in Management and Marketing
at a salary rate of $6,000 for 100% time for the 1983 Spring Semester'
only. Mr. Atkins is a candidate for the M.B.A. degree in December,
7. Department of Music
»*
Mr. Michael Pierce, Lecturer in Music, at a salary rate o^ Si
for 35% time for the 1982 Fall Semester only? $ '
Ms. Vicki Lyn Ray, 24, M.M., (Arizona State University")
Sf:;:1^ ^ °f *1S°° ^ 15% ^ in
8. Social Work Program
!h\nnT A; Armsworth> Lecturer in Social Work, at a salary rate of
$1,500 for 25% time for the 1982 Fall Semester only.
9. University Affairs Division
rate of J52.000 for twelve months, effectiveF oJoatnbau1a1r y Co1,a ch1-983«. - "lary
H,U1> A?sistant FMtb»"- Coach and Instructor of
xi£I of $30>25°for ten and one"half
Mr Lynn F. Graves, Assistant Football Coach and Instructor of Physical
effSv^lir^r1 °f ^'^ *" "" ^ ^^ "»*"
Mr. Gary DeLoach, Assistant Football Coach and Instructor of
SK^i&rof $25>00°for ten !°'
rate
Ms Sylvia Howard, Accounting Clerk II, at a salary rate of SlO 067 fn.
twelve months, effective September 20, 1982. 510,067 for
Mr. Terry Masten, Police Officer Trainee, at a salary rate of $11 898
for twelve months, effective October 4, 1982. ?H,898
83-40
1. Department of Communication
for twelve months, effective 1982 Fall Semester.
2. Department of English
for S?et£.DrSOn' ^CtUrer ln EngUsh' from a salary «te of $3 720
LeCtUrer in E^Hsh, from a salary rate of
^ '^ °£ $4'4°° f°T 10°% ^i^, elective
Ms Beth Medrano Lecturer in English, from a salary rate of $3 256 for
SeneTtTr oiuy.5^ "* °f $4'°7° £or 75% time> Active 1982 Falf"
in English' £rom a ^lary rate of
^ f $3
^ ^ecturer.in English, from a salary rate of
^ ^ °f $58°° £ 1%
3. Division of Nursing
4. De])artment of Management and Marketing
1*5 cso% time for Fau ;
5. Department of Modern Languages
Dr. Janet Dirlam, Assistant Professor of Modem Languages, from a
salary rate of $24,231 to $24,731 for 100% time for nin* ^nths ef
fective January 16, 1983. This is a salary adjustment. '
6. University Affairs Division
f' HlK"*??' f^.Police 0£ficer Trainee at a salary rate of
laptember l!°l982 £lC6r * " * ?all <Uy rate of $
83-41
in^e" ?t J!e«ent,,Cul}un' sec°nded * ^gent Samuels, with all members
ing aye, it was ordered that the following resignations be accepted.
1. Department of Art
re'cL8;^1*6' InStruc*or in Art> effective May 31, 1983. Mr.
resigned to pursue employment in a larger city.
2. Department of Communication
ber Sr^gsf11^ ^]^'^o/VJ Technician, effective Septem
ber 30, 1982. Mr. Shmgleton has accepted other employment.
3. Department of Health and Physical Education
4. University Affairs Division
counselor
83-42
of
■> it r
1. Department of Agriculture
A"is,tant Professor of Agriculture. fron
Vl5 1983- Dr-creech"
83-43
Upon motion of Regent Bowen, seconded by Regent Cullum, with all members
voting aye, it was ordered that the following retirements be honored:
1. Department of Modern Languages
Dr. Janet Dirlam, Associate Professor of Modern Languages, effective
December 31, 1983.
2. Department of Home Economics
Dr. Margaret Rucker, Associate Professor of Home Economics, effective
May 30, 1983.
83-44
Upon motion of Regent Bryce, seconded by Regent Samuels, with all members
voting aye, it was ordered that the Chairman of the Board be authorized to
approve the Faculty Workload Report for the 1983 Spring Semester.
83-45
Upon motion of Regent Todd, seconded by Regent Jackson, with all members
voting aye, it was ordered that the Chairman of the Board be authorized
to approve the Twelfth Class Day Enrollment Report for the 1983 Spring
Semester.
83-46
Upon motion of Regent Bowen, seconded by Regent Todd, with all members
voting aye, it was ordered that the Last Class Day Enrollment Report for
the 1982 Fall Semester be approved as submitted at the meeting.
83-47
Regent Bowen moved, seconded by Regent Wright, that admission standards be
increased according to the Administration's proposal, effective for the
fall semester of 1984. Regents Bowen, Wright, Cullum, and Garner voted
aye; Regents Samuel, Jackson, Bryce, and Justice voted nay; Regent Todd ab
stained. There being; a four to four division, the motion failed.
83-48
Upon motion of Regent Bowen, seconded by Regent Garner, with all members
voting aye, it was ordered that the President of the University, or his
designate, provide for the admission of a number of students, determined
annually, whose test scores do-not meet the requirements set by the Board.
The Board further directed that such students be provided with academic
advising and tutorial assistance through the Academic Assistance Center to
further enhance their opportunity.
33-49
"TiJllT ?f !!f TJliTiJAT^y *««£ -J**"". «»th all Be,bers
roilowmg budget adjustments for FY83
Account Account
-^ i!25!2 Purpose Awunt
1. 1135-9300 Other Library Fourth year payment on
Expense computer $21,216.00
2. 1106 University Speech For purchase of equipment
Clinic and supplies 2,668.41
3. 1201 Physical Plant For purchase of two
General Services vans (1/2 of cost) 15,000.00
Source of Funds: Education and General
4. 1201 Physical Plant For purchase of two
General Services vans (1/2 of cost) 15,000.00
5. 6601 Furniture § Equip. For installation of alarm
President's Home system $ other items 4,600.00
Source of Funds: Pledged Property Surplus
83-50
Upon motion of Regent Todd, seconded by Regent Jackson, with all members
voting aye, it was ordered that the room and board rates for FY84 be approved
as submitted. (See page 8 .) ^
33-51
Upon motion of Regent Cullum, seconded by Regent Bowen, with all members
voting aye, it was ordered that the 1982 final fiscal year transfers be
tween appropriated Elements of Cost be approved, as shown in Schedule F-l of
tne Financial Report for FY82.
83-52
Upon motion of Regent Bryce, seconded by Regent Cullum, with all members
voting aye, it was ordered that a second allocation of $51,031.83 to cover
a portion of the cost of contract student housing for the 1982 Fall Semester
be approved. Source of Funds: Pledged Property Surplus.
85-53
Upon motion of Regent Garner, seconded by Regent Todd, with all members
votmgaye, it was ordered that the University be authorized to Lease the
uatapomt Corporation's telephone equipment for two years.
STEPHEN F. AUSTIN STATE UNIVERSITY
NACOGDOCHES, TEXAS
ROOM AND BOARD RATES FOR 1983 - 84
FALL OR SPRING SEMESTER SUMMER SEMESTER
APARTMENTS (WITHOUT MEALS) RENT FOR MONTH * INCLUDES UTILITIES AND
TELEVISION CABLE
** INCLUDES UTILITIES,
TELEVISION CABLE,
TELEPHONE & LAUNDRY
FACILITIES
*** TELEVISION CABLE ONLY
FOR ACCOUNTING PURPOSES ONLY:
ROOMS
CLASSIFICATION I
HALLS 9, 12, 17
FALL OR SPRING
$ 511.00
SUMMER I OR II
$ 192.00
CLASSIFICATION II
HALLS 7, 10, 13, 14
15, 16, 18
CLASSIFICATION III
HALLS 1, 2, 3, 5
8, 11.
489.00
.'178.00
184.00
157.00
5-5
MEALS
5-15 7-13 7-20
$ 287.00 $ 660.00 $ 677.00 $ 699.00
5-15
$ 253.00
83-54
T^TltT °5 ,R!f"!JB^"'1 S6C0nded. ^ Re^ Cullum, with all members
Pulse machine.
83-55
CHANGE
ORDER
AIA DOCUMENT C701
Distribution to:
OWNER
ARCHITECT
CONTRACTOR
FIELD
OTHER
10
PROJECT: Chemistry Building Renovations
(name, address) Stephen F. Austin State University CHANGE °RDER NUMBER: Dne
TO (Contractor): ^aco§doches' Texas INITIATION DATE: 1-25-83
I~T. G.Evans Company ~~] ARCH|TECT'S PROJECT NO: 4301
P. O. Box 763 CONTRACT FOR: General Contract Work
Nacogdoches, Texas 75962
1— | CONTRACT DATE: 6-11-82
You are directed to make the following changes in this Contract:
Make changes according to T. G. Evans Co. letter of 11-15-82, attached.
Principal Changes
Alternate #1
Alternate #2
$118,900.00
9,425.00
5,170.00
133,495.00
and
Not valid until signed by both the Owner and Architect
S,gnature of the Contractor indicates his agreement herewith, including any adjustment in the Contract Sum or Contract Time.
The original (Contract Sum) f^nnnh u.| f \±jUiUu. C^Lj was ~ "
Net change by previously authorized Change Orders $ ' 8°9'183 '00
by this Change Order" '""'"""".^U will be (rncreased)«««* toJw,^ 133,495 00
The Date of Substantial Completion as of the date of this Change Order therefore is ( '
Kent-Marsellos-Scott, ArchitPrt^- T G Evans Pnm Authonzed:
n^ MM ^r^^^^^en F.Austin State TJniy-
Lufkin, Texas 75901 "*£
1/25/83
o. box ?ea 11
BURROW! AT PUQUKT
T. G. EVANS COMPANY
GLNl^AL CONTRACTORS
Phone 564-0205
Area Code 7 13
NAbO TLXAS 7t>96 1
November Ji^ 1982
" Corr1dor ««" "Vision
Lufkin, Texas 75901
Re: Chemistry Building Renovation
Stephen F. Austin State University
Nacogdoches, Texas
Dear Sir:
Enclosed you will find the scope of the work that we purpose
to do in changing the Corridors in the above reference project.
of the wal1 in Corridors 111, 112, 215,
20 al ^tli ,}l tW° Ply °^5/8" ^eshield sheetrock on
20 ga. metal studs on one side at Corridors and one side
if tnrcOrre?eds°trfufau4:ea *" fl°°r t0%the U"derSide
2.) Remove the green cove base at the corridor side of the
wa and stopping at the stairs on the west end of the
lu b29flafepla^ *£* Withra Pol^ster Terrazzo tSt
will be flat on the floor. This would go under the
InH °?/a K This Terrazzn wnnirf hf n^,jnd. Mih^
and sealed along with THE REMAINING AREA IN CORRIDORS Til
3. We do not remove any Terrazzo around the stairs.
4.) We do not remove any Tile, Plaster, ceiling or walls In
the stair wells from first floor to third floor.
5.J Remove all the plaster ceiling on the third floor and
install acoustical ceiling.
6.) Hte have to remove and install all lab furniture that is
7 \ S" corridor walls in rooms 101,107,201,302,303, and 304.
7.) We would remove metal frames and install new metal frames.
The wood doors would be re-used along with the existing
hardware.
8.) Install corner guards at corners in the halls.
12
Kent, Marsellos & Scott r. . .
Cont. Page 2 Chemistry Building Renovation
Revised Quotation
The revised breakdown on this work is as follow-g
:8:js
Sheetrock Work 1,000.00
Terrazzo Work • 51,000.00
Painting-Taping-Floatinq 9,512.00
Vinyl Base 9 5,500.00
Metal Door Frames 2,410.00
Carpentry Work 3,788.00
Lab. Furniture 2,000.00
Acoustical Celling 7,046.00
Corner Guards 4,638.00
Concrete For Terrazzo Floors 2,600.00
Plumbing Work 1,500.00
Electrical Work 1,500.00
2,950.00
$ 102,944.00
5 % Overhead 5,147.00
"" 108,091.00
10 % Profit 10.809.00
Total Cost %. 118,900.00 "
Alternate # 1.
Alternate # 2.
MS: raiSItaMn91 and
This price will be $ 5,170.00
Yours very truly,
T. G. Evans Company
TGE/ce
83-56
13
14
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
^ conditjon$ Qf ^
,s document has been amoved and endorsed by The Assort Cenera. Contractors of A.neric,
AGREEMENT
made as of the 25th
Hundred and Eighty-Three
daY of January in the year of Nineteen
BETWEEN the.Owner:
and the Contractor:
The Project:
The Architect:
Stephen F. Austin State University
Nacogdoches, Texas
Sumners, Inc.
127 W. Denman
Lufkin, Texas 75901
Chemistry Building Refrigeration Machine
Stephen F. Austin State University
Project No. 82108.00
Friberg Alexander Maloney Gipson Weir Inc.
P. 0. Box 2080
Fort Worth, Texas 76113
The Owner and the Contractor agree as set forth below.
w,,h,u. permission ol ,he AIA violates the ^'^^
by «h. institute of
15
ARTICLE 1
THE CONTRACT DOCUMENTS
(General' Supplementary and
cution of this Agreement. These' form The ConlrTct and STre'as'lulfv';^ ? 7L all^roModdiiffiie^»« on«issuedd aff ter exe-
Agreement or repeated herein. An enumeration of the Contrart Documenis^?peirs In Article*" '° ^
ARTtCLE 2
THE WORK
all the Work required by the Contract
the Work as used on other Contract Documents.)
Chemistry Building Refrigeration Machine for
btepnen F. Austin State Universify
Nacogdoches, Texas
Project No. 82108.00
ARTICLE 3
TIME OF COMMENCEMENT AND SUBSTANTIAL COMPLETION
The Work to be performed under this Contract shall be commenced upon written notice to proceed
and, subject to authorized adjustments, Substantial Completion shal! b3 achieved not later than August 15
(Here insert any special provisions lor Undated damages relating «o lailure „, comP/e,e or, ,;„,;
Liquidated damages are agreed to be $200/day.
AI A*
20006 A101-1977 2
16
ARTICLE 4
CONTRACT SUM
»£«=■
The Contract Sum is determined as follows-tffte
here «he toe bid or other ,ump sum mount, accepted Utermtes. >nd unit prices. « w,;cab/eJ
5336 Bld $309,480.00
Alte™*« No. 3 - 13,200.00
Total Contract Amount . $296,280.00
ARTICLE 5
PROGRESS PAYMENTS
and Certificates for Payment issued
in the Contract Documents for the periodKingThe aCCOU"'°'the Contract Su™ to the Contractor as pro-
Not later tha u day of the month as follows:
ninety 'peS ( 90 %, of fhTp^Sn'of £ Co^?"^ C°VfredItby ?e Application for PaV^t
equipment Incorporated in he Work and T ? Sum prOpeHy allocable t0 labor' materials and
Sum property a.lScable to m^eriaUanS'equipSSitab.y stored a,K^t 1*1°* t P?rti°n °f the C°"tract
in writing, for the period covered by the Application for PaJmlnt i» i Sfme Other location agreed upon
Owner; and upon Substantial Completion^ rf S?ent S WoS a sum suffir^T6 °f PreViu°US Pare"tS made ^ the
ninetv percent ( on %1 of hpfl c ' T.sufncient t0 increase the total payments to
», .„„„„,
No interest paid.
Al 01-1977 3
17
ARTICLE 6
FINAL PAYMENT
Final payment, constituting the entire unpaid balance of the Contract Sum, shall be paid by the Owner to the
Contractor when the Work has been completed, the Contract fully performed, and a final Certificate for Payment has
been issued by the Architect.
ARTICLE 7
MISCELLANEOUS PROVISIONS
7.1 Terms used in this Agreement which are defined in the Conditions of the Contract shall have the meanings
designated in those Conditions.
7.2 The Contract Documents, which constitute the entire agreement between the Owner and the Contractor, are listed
in Article 1 and, except for Modifications issued after execution of this Agreement, are enumerated as follows:
(List below the Agreement, the Conditions of the Contract (General, Supplementary, and other Conditions), the Drawings, the Specifications, and any Addenda
and accepted alternates, showing page or sheet numbers in all cases and dates where applicable.)
CONTRACT DOCUMENTS
Advertisement for Bid
Information for Bidders
Instruction to Bidders (AIA Document A701)
Article 9 - Supplementary Instructions to Bidders
Proposal
Description of Alternates
Standard form of Agreement between Owner and Contractor (A101)
Performance Bond
Payment Bond
General Conditions of the Contract for Construction (A201)
Supplementary General Conditions
Special Conditions of the Contract
Technical Specifications
Addendum No, 1
Addendum No. 2
DRAWINGS
Ml, M2, M3, M4, M5, M6, M7, M8
El, E2, E3, E4
This Agreement entered into as of the day and year first written above.
OWNER CONTRACTOR
BOARD OF REGENTS
STEPHEN F. AUSTIN STATE UNIVERSITY SUMNERS, INC.
NACOGDOCHES, TEXAS 127 DENMAN
LUFKIN, TEXAS
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 4
18
PERFORMANCE BOND
THE STATE OF TEXAS
COUNTY OF NACOGDOCHES
KNOW ALL MEN BY THESE-PRESENTS: That we, SUMMERS, INC. of Lufkin,
Texas, hereinafter called Principal, andQtplovers Insurance of Wausau A Mutual Conpan
of Irving _, State of Texas
^pT™T^cTii SUrety' ara h£ld and firmly bound unt0 STEPHEN F/AUSTIN
STATE UNIVERSITY, hereinafter called Owner, in the penal sum of TOO HUNDRED
NINETY-SIX THOUSAND, TWO HUNDRED EIGHTY AND NO/100 DOLLARS ($296,280.00), in
lawful money of the Unieed States,, to be paid in NACOGDOCHES COUNTY, TEXAS
for the payment of which sum well and truly to be made, we bind ourselves,'
our heirs, executors, administrators and successors, jointly and severally,
firmly by these presents.
THE CONDITION OF THIS OBLIGATION is such that whereas the Principal
entered into a certain Contract with STEPHEN F. AUSTIN STATE UNIVERSITY the
Owner, dated the 25th day of January A.D., 1983, a copy of which is
attached hereto and made a part hereof for the construction of:
CHEMISTRY BUILDING REFRIGERATION MACHINE,
STEPHEN F. AUSTIN STATE UNIVERSITY,
herein called the "Work".
NOW, THEREFORE, if the Principal shall well, truly and faithfully
perform the Work in accordance with the Plans, Specifications and Contract
Documents during the original term thereof, and any extensions thereof
which may be granted by the Owner, with or without notice to the Surety
and, if he shall satisfy all claims and demands incurred under such Con
tract, and shall fully indemnify and save harmless the Owner from all
costs and damages which it may suffer by reason of failure to do so, and
shall reimburse and repay the Owner all outlay and expense which the
Owner may incur in making good any default, then this obligation shall
be void; otherwise to-remain in full force and effect.
NOW, THEREFORE, if the Principal shall repair any and all defects
m said work occasioned by and resulting from defects in materials fur
nished by, or workmanship of the Principal in performing the work covered
by said Contract, occurring within a period of twelve (12) months from
the date of the Contract: Completion Certificate, then this obligation
shall be null and void, otherwise to remain in full force and effect.
PFB I of 2
20
PAYMENT BOND
THE STATE OF TEXAS
COUNTY OF NACOGDOCHES
TirvAQ? fTHESE PRESENTS: That we, SUMNERS, INC. of LUFKIN,
TEXAS, hereinafter called Principal, and Employers Insurance of Wan^n a Mn-,,,1 canpany
of ^HB ., State of Texas.
i ^? ^ f^ish materials for, or perform labor
iu:LldlnS or improvements hereinafter referred to in the penal
lTlT^^51^TH0USAND' ™° v™*3®EIGHTY
mSIS' 0) ln laWful mone? of the United States, to be paid
in NACOGDOCHES County, Texas, for the payment of which sum well and
truly to be made, we bind ourselves, our heirs,, executors, administrators
and successors, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION is such that whereas the Principal
entered into a certain contract with STEPHEN F. AUSTIN STATE UNIVERSITY
the Owner, dated the 25th day of January, A.D. 1983, a copy of which is'
hereto attached and made a part hereof for the construction of:
CHEMISTRY- BUILDING REFRIGERATION MACHINE,
STEPHEN F. AUSTIN STATE UNIVERSITY
herein called the "Work".
NOW, THEREFORE, the condition of this obligation is such that, if
the Principal shall promptly make payment to all claimants as defined in
Article 5160 Revised Civil Statutes of Texas, 1925, as amended by House
7 .,„' A£tS °f the 56th legislature, Regular Session, 1959, effective
April 27, 1959, supplying labor and materials in the prosecution of the
Work provided for in said Contract, then this obligation shall be null
and void; otherwise, it shall remain in full force and effect.
This bond is made and entered into solely for the protection of all
claimants supplying labor and materials in the prosecution of the Work
provided for in said Contract, and all such claimants shall have a
direct right of action under the bond as provided in Article 5160
Revised Civil Statutes, 1925, as amended by House Bill 344, Acts of the
5bth Legislature, Regular Session, 1959.
PAB 1 of 2
21
;
ATTEST:
(Principal) Secretary
J
SUMNERS, INC., LUFKIN, TEXAS
Principal '
BY
<y^il. ^Vk
SEAL
Witness aaj to Principal
L una*
(Address) :
ATTEST:
"Witness as; to Surety ^ '
Alexander & Alexander of Texas, Inc.
Diamond Shamrock Tower
Address L:x:k Box #8 19th Floor
Dallas, Texas 75201
. Employers Insurance of Wausau A Mutual Gonp?inv
Surety
W. Lawrence Brown
PFB 2 of 2
LU
Q
No. 216-061-00012
EMPIOYERS INSURANCE OF WAUSAU a Mutual company
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS-has
made, constituted and appointed, and does by these presents make, constitute and appoint William D. Baldwin
Janice Q. Correv. Joe Bruce. H. A. fi<bnOn. W. Terence Rroun. Doroth
™J£L™IZL1\™JE^™**?F' INCLTOING CONSENTS OF SURETY AND WAIVERS
OF TEN MILLION'
Q
? attaTthere\TtK of attorney, and to
signatures of such officers and the seal of EMPLOYERS INSURANCE OF
•r be affixed to any such power of attorney or to any certificate relating thereto bv
^lyo^rt/ficate bearing such facsimile signatures and facsimile seal shall be
)YERS TNSIIR ANPR nv WAUSAU A Mutual Companv when so affixed and in
W 8igned by tha senior vi<je pre8ident and attested by its 8ecretary( &Dd its corporate ^ to ^ hereto affixed ' lst
• ^ dav of November i o ft?
Z W ^ EMPLOYERS INSURANCE OF WAIJSAU A Mutual Company
~~'h L. J. Baumer O Senior Vice President
K rr * Gene W. Holt,
O R.J.Wendorff " Secretary Kathleen Da>
5 STATE OF WISCONSIN )
Ll ) 88-
O COUNTY OF MARATHON )
On this 1st Haynf November 1Q go , . „
§ L.J. Baumer . 19_2£_, before me personally came
P and say, that he is a senior vice president of the EMPLOYERS' mSURANCE'oF fefe^ I^ ^
WWITNESSWHEREOFJhavehereun^^
t» t «r j /./. No:ary Public
R. J. Wendorff
00 NOTARY PUBUC
X STATE OF WISCONSIN
h- MY COMMISSION IS PERMANENT
STATE OF WISCONSIN ) CERTIFICATE
CITY OF WAUSAU ) ss.
COUNTY OF MARATHON )
g Signed and sealed in the City of Wausdu, Marathon County, State of Wisconsin, this 25f-h dav of
2 ^ -
L. J. Baumer
. Senior Vice President
Bartlett, Baggett & Shands
P# 0. Box 9
Lufkin, TX 75901
AMENDED
NAME AND ADDRESS OF INSURED ~ ~"~
Sumners, Inc. & C. P, Stunners, Jr.
P. O.Box 218
Lufkin, TX 75901
COMPANIES AFFORDING COVERAGES
COMPANY
LETTER A Royal Lloyds of Texas
COMPANY
LE1TER D Royal Insurance of America
COMPANY
LETTER American & Foreign Insurance Co*
COMPANY
LETTER D United States Fire Insurance Co*
COMPANY ET r> , • -
letter C Royal Insurance Group
'umeTw^^^ «flnf°^ »t -his time^ Notwithstanding any requirement, term or condition
terms, exclusions and conditions of such policies. «?nmcaie may De issued or may pertain, the insurance afforded by the policies described herein is subject to all the
Limits of Liability in Thousands (OOP) :ompan
LETTER
GENERAL LIABILITY
xj comprehensive form
premises-operations
~| EXPLOSION AND COLLAPSE
j HAZARD
XJ UNDERGROUND HAZARD
JT~] PRODUCTS/COMPLETED
pz OPERATIONS HAZARD
CONTRACTUAL INSURANCE
| BROAD FORM PROPERTY
DAMAGE
XJ INDEPENDENT CONTRACTORS
X I PERSONAL INJURY
B
TYPE OF INSURANCE
AUTOMOBILE LIABILITY
COMPREHENSIVE FORM
OWNED
CJ HIREO
LJ NONOWNED
EXCESS LIABILITY
l_j UMBRELLA FORM
I I OTHER THAN UMBRELLA
FORM
VORKERS1 COMPENSATION
and
EMPLOYERS' LIABILITY
OTHER
E *Dwners & Contractc
Protective LiabiH
POLICY NUMBER
JYN 102112
PLU 696138
523 1884545
ACS il2622
rs
ty ON ORDER
ASCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES
*0wner and Architect as additional insured.
POLlC
EXPIRATION DATE
1/1/84
1/1/84
1/1/84
1/1/84
BODILY INJURY
PROPERTY DAMAGE
BODILY INJURY AND
PROPERTY DAMAGE
COMBINED
EACH
OCCURRENCE
s 500
$ 100
PERSONAL INJURY
AGGREGATE
* 500
» 100
BODILY INJURY
(EACH PERSON)
BODILY INJURY
(EACH ACCIDENT)
PROPERTY DAMAGE
BODILY INJURY AND
PROPERTY DAMAGE
COMBINED
BODILY INJURY AND
PROPERTY DAMAGE
COMBINED
STATUTORY
s 250
s 500
5,000
$ 100
s 5,000
2/3/84
(EACH ACCIDENT)!
:!500,000.00 - Bodily Injury
500,000.00 - Property Damage
CC: Emil Friberg
P. 0. Box 2080
Ft. Worth, TX 76113
NAME AND ADDRESS OF CERTIFICATE HOLDER ~
Stephen F« Austin State University
Nacogdoches, TX 75961
ATTN: Don Henry
date irsuED 9/7/fti RRT/jh
BARTLETT, BAGGETT &.SHANDS
4^ fESENTATlVE
24
83-57
Upon motion of Regent Cullum, seconded by Regent Bryce, with all members
voting aye, it was ordered that the contract with S § V! Construction
Company, Milliken, Texas, in the amount of 360,955.00 fo^ Improvements
to the Sanitary Sewage System, be approved and the Chairman of the Board
be authorized to sign the contract, and that the University be authorized
to issue a Purchase Order for an additional amount of $7,015.00 to cover
the portion of this project that will be paid from Pledged Property
Surplus Source of Funds: $.60,955.00 - Ad Valorem Tax Funds and $7,015.00
from Pledged Property Surplus.
25
STANDARD FORM OF AGREEMENT
THE TEXAS SECTION OF THE AMErTcaI^SOCIETY OF CIVIL ENGINEERS
October 7,1971
Revised November 17, 1928
Revised April 15,1932
Revised October 27, 1934
Revised October 19, 1945
Revised April 8,1954
Revised April 21, 1960
Revised October 7, 1971
Approved as to Legal Form by
Legal Counsel
STATE OF TEXAS i
COUNTY OF_NAC0GD0CHES_/
A. D. m^rt entTd **
and State of Texas, acting through
P^ty of ^ First Pg, hereinajte, te^^^T"" ** ""^ " * *
■'—" :—■
of the Citv"of- Arfst.
.and Statl^of^ 7*>\^'<
CONTRACTOR. Party of the Second Part, hereinafter termed
the conditions expressed in the
Part (CONTRACTOR), hereby
arin/ ev.MT I » First Part (OWNER), and under
S 11 «.a P f "1,\th' *** Party of the
CONSTRUCT SANITARY SEWAGE SYSTEM IMPROVEMENTS
^eTanLrhrS^
supplies, machinery, equipment' too s
and services necessary Complete the
prices stated in the Pro£sal"?
Genera, and Specia, Conations
f
?k eXf^nSe to furnisb aU the ""terlali,
' -Or' lnsurai*:e- Md °*er accessories
' 'f accor?anC8 "ith th» conditions and
of the Agreement, »nd the Mto
a P»r, hereof «„„ c,,l,ec,ively evid.n "
SF-1
0 * To«
26
The CONTRACTOR hereby agrees to commence work within ten (10) days after the date
written notice to do so shall have been given to him, and to substantially complete the same
Qr> calendar days .
within 1±L gworking~4ays after the date of the written notice to commence work, subject
to such extensions of time as are provided by the General and Special Conditions.
THE OWNER agrees to pay thiB CONTRACTOR in current funds the price or prices shown in
the proposal, which forms a part of this contract, such payments to be subject to the General
and Special Conditions of the contract.
IN WITNESS WHEREOF, the parties to these presents have executed this Agreement in
the year and day first above written.
BOARD OF REGENTS^ STEPHEN F. AUSTIN STATE
JPart (OWNER) ,"
tice, Chairman of the
Board
SF-2 © Tna> S*etio«. ASCI It71
26a
BID PROPOSAL
SFA SEWER REHABILITATION
Item Quantity Unit Description Unit Price Total Price
1 40 HR. Bypass pumping of sewage
flows, all in accordance
with plans and specifica
tions, for
Twenty-five DOLLARS
& No CENTS $ 25.00 $ 1,000,00
Per Hour
2 • 25 VF Rehabilitation of walls of
manholes less than 6.0 feet
deep, including all materials,
all in accordance with plans •
and specifications for
Thirty DOLLARS
& No CENTS $ 30.00 $ 750.00
Per Foot
22 VF Rehabilitation of walls of
manholes 6.0 feet to 9.9
feet deep, including all
materials, all in accordance
with plans and specifications
for Thirty-five DOLLARS &
No CENTS $ 35.00 $ 770.00
Per Foot
15 VF Rehabilitation of walls of
manholes 10.0 feet to 16.0
feet deep, including all
materials, all in accordance
with plans and specifications
for Forty DOLLARS &
.CENTS $ 40.00 $ 600.00
Per Foot
10 EA Self-sealing manhole covers,
furnished and installed, all
in accordance with plans and
specifications for Two Hundred
Fifty DOLLARS &
JH2 _CENTS $ 250.00 $ 2,500.00
Each
P-3
Schaumburg & Polk, Inc.
C (; N S L L T I N G E \ C I N I- i: R t»
26b
BID PROPOSAL
SFA SEWER REHABILITATION
Item Quantity Unit Description Unit Price Total PruTe
6 1 EA Self-sealing vented man
hole covers, furnished
and installed, al1 in
accordance with plans and
specifications for
Three Hundred DOLLARS &
No CENTS $ 300.00 $ 300.00
Each ~
EA Resetting and sealing, or
grouting manhole frames,
including all materials,
all in accordance with
plans and specifications
for One Hundred DOLLARS &
No CENTS $ 100.00 $ 600.00
lacR
EA Replace cleanout caps,
all in accordance with
plans and specifications
for ^Zero DOLLARS &
NoCENTS $ -0- $ -Q-TacE
EA Point repairs 0-8 ft. deep with
4" PVC sewer line SDR 35
replacing existing sewer
line as per locations on
plan sheets, complete in
place, including dewatering,
normal embedment section,
backfill, & surface restor
ation, all in accordance
with plans and specifications
for Zero DOLLARS &
No CENTS $ -0- $ -0-
Each .
P-4
Schaumburg & Polk, Inc.
CONSLLTING ENGINEERS
26c
BID PROPOSAL
SFA SEWER REHABILITATION
Item Quantity Unit Description Unit Price TotalPrice
10 0 EA Point repairs 8.1-16 ft-, deep
with 4" PVC sewer line SDR
35 replacing existing sewer
line as per locations on plan
sheets, complete in place,
including dewatering, normal
embedment section, backfill,
& surface restoration, all
in accordance with plans &
specifications for
Zero DOLLARS &
"Ro : ClNTS $ -0- $ -0-
Each
11 4 EA Point repairs 0-8 ft. deep with
6" PVC sewer line SDR 35
replacing existing sewer
line as per locations on plan
sheets, complete in place,
including dewatering, normal
embedment section, backfill,
& surface restoration, all
in accordance with plans &
specifications for
Eight Hundred DOLLARS &
No CENTS $ 800.00 $ 3,200,00
12 3 EA Point repairs 0-8 ft. deep with
8" PVC sewer line SDR 35 re
placing existing sewer line
as per locations on plan
sheets, complete in place
including dewatering, normal
embedment section, backfill
& surface restoration, all
in accordance with plans and
specifications for Eight
Hundred-Fifty DOLLARS &
No _CENTS $ 850.00 $ 2,550.00
lacR
P-5
Schaumbuig & Polk, Inc.
CONSULTING L N G i S fc fc K S
26d
BID PROPOSAL
SFA SEWER REHABILITATION
Item Quantity Unit Description ~ Unit PricT Total Price
13 0 EA Point repairs 8.1-12 ft. deep
with 8" PVC sewer line SDR
35 replacing existing sewer
line as per locations on
plan sheets, complete in
place, including dewatering,
normal embedment section,
backfill, & surface
restoration, all in
accordance with plans
and specifications for
Zero DOLLARS
& No ' CENTS $ -Q- $ -o-lacfi
14 1 EA Point repairs 0-8 ft. deep
with 10" PVC sewer line
SDR 35 replacing existing
sewer line as per locations
on plan sheets, complete in
place, including dewatering,
normal embedment section,
backfill, & surface restor
ation, all in accordance
with plans and specifications
for Nine Hundred DOLLARS
& No _CENTS $ 900.00 $ 900.00
Tacfi
15 1 EA Point repairs 8.1-16 ft. deep with
10" PVC sewer line SDR 35 re
placing existing sewer line as
per locations on plan sheets,
complete in place, including
dewatering, normal embedment
section, backfill, & surface
restoration, cill in accordance
with plans and specifications
for Twelve Hundred DOLLARS
& JNo ClNTS $ 1,200.00 $ 1,200.00
EacR
P-6
Schaumburg & Polk, Inc.
C O S S I L T I N G ENGINEERS
26e
BID PROPOSAL
SFA SEWER REHABILITATION
Item Quantity Unit Description Unit Price TotalTFTce
16 1 EA Point repairs 0-8 ft. deep
with 15" PVC sewer line
SDR 35 replacing existing
sewer line as per locations
on plan sheets, complete in
place, including dewatering,
normal embedment section,
backfill, & surface restor
ation, all in accordance
with plans and specifications
for Nine Hundred DOLLARS &
N CENTS $ 900.00 $ 900.00
Each
17 1 EA Point repairs 8.1-16 ft. deep
with 15" PVC sewer line
SDR 35 replacing existing
sewer line as per locations
on plan sheets, complete in
place, including dewatering,
normal embedment section,
backfill, & surface restor
ation, all in accordance
with plans and specifications
for Twelve Hundred DOLLARS &
No CENTS $ 1,200.00 $ 1,200,00
Each —
18 60 LF 8". PVC sewer line SDR 35
replacing existing sewer line
as per locations on plan sheets,
complete in place, including
dewatering, normal embedment
section, backfill, & surface
restoration, all in accordance
with plans and specifications
for Seventeen DOLLARS &
No . ^ CENTS $ 17.00 $ 1,020.00
Per Linear Foot
P-7
Schaumburg & Polk, Inc.
CONSULTING ENGINEERS
26f
BIO PROPOSAL
SFA SEWER REHABILITATION
TOTAL BID REHABILITATION
(Exclusive of Additive Items Below)
Seventeen Thousand Four Hundred Ninety DOLLARS
!!° _CENTS $17,490.00
ADDITIVE ITEMS
V The Contractor *hal ] ^te on each of the following additive
K2S J Owner reserves the right to accept any one, combinations
thereof, or none of the additive items.
item quantity umt Description Unit Price TotaTPRcT
A~* 2 EA Duplex submersible pump
station with concrete
tank, submersible pumps,
pump manifolding, cutoff
valves, check valves,
electrical, level and pump
controls, furnished and
installed all in accord
ance with plans & specifica
tions for Fourteen
Thousand DOLLARS &
No CENTS $14,000.00 $28,000.00
Each
A"2 ° EA Submersible sump pump complete
with concrete tank, check
valve, electrical, level
and pump controls, furnished
and installed all in accord
ance with plans & specifica
tions for _Zero_DOLLARS &
N°_ CENTS $. _-0- $ -o-
Each '
A"3 220 LF 3 inch Schedule 40 PVC
force main complete, with
fittings, in place all in
accordance with plans and
specifications for
Eight DOLLARS &
-No CENTS $ 8.00 $ 1,760.00
Per Foot —■
P-8
Schaumburg & Polk, Inc.
CONSISTING tuiutl!
26g
ADDITIVE ITEMS
Item Quantity Unit Description Unit Price Total Price
A-4 0 LF 1-1/2 inch Schedule 40 PVC
force main complete, with
fittings, in place all in
accordance with plans and
specifications for
Zero DOLLARS &
No _CENTS $ -Q- $ -Q-Per
Foot
A-5 80 LF 811 PVC sewer line, SDR
35, 0-8 feet deep, complete
in place, including de-watering,
normal embed
ment section, & surface
restoration all in ac
cordance with plans and
specifications for
Seventeen DOLLARS &
No CENTS $ 17,00 $ 1,360.00
Per Foot :
A-6 430 LF 6" PVC sewer line, SDR
35, 0-8 feet deep, complete
in place, including de-watering,
normal embed
ment section, & surface
restoration all in ac
cordance with plans and
specifications for
Seventeen DOLLARS &
No CENTS $ 17.00 $ 7,310.00
Per Foot
A-7 0 LF 411 PVC sewer line, SDR
35, 0-8 feet deep, complete
in place, including de-watering,
normal embed
ment section, & surface
restoration all in ac
cordance with plans and
specifications for
Zero DOLLARS &
No CENTS $ -0- $ -0-
Per Foot
P-9
Schaumburg & Polk, Inc.
CONSULTING ENGINEERS
26h
ADDITIVE ITEMS
Item Quantity Unit Description Unit Price Total Price
A-8 3 EA New reinforced fiberglass
manhole 0-8 feet deep, in
cluding frame and cover,
furnished and installed,
all in accordance with
plans and specifications
for Twelve Hundred DOLLARS &
No CENTS $ 1,200.00 $ 3,600.00
Tacfi ,
A-9 1 EA 6 inch sanitary sewer
clean-out complete in
place, furnished and in
stalled all in accordance
with plans and specifica
tions for Three Hundred
Seventy-Five DOLLARS &
No CENTS $ 375 >00 $ 375.00
FacE
A-10 3 EA 4", 611 and 8" plugging of
existing sewer lines all
in accordance with plans
and specifications for
One Hundred Twenty DOLLARS &
No CENTS $ 120.00 $ 360.00
Each
A-ll 0 EA 10" x 4" service wye
complete in place,
furnished and installed
all in accordance with
plans and specifications
for Zero DOLLARS &
No CENTS $ -0- $ -0-
Each —:
A-!2 2 EA 6x3 service wye
complete in place,
furnished and installed
all in accordance with
plans and specifications
for Three Hundred
Fifty DOLLARS &
No CENTS S 350.00 $ 700.00
Facfi :
P-10
Schaumburg & Polk, Inc.
CONSULTING ENGINEERS
26i
ADDITIVE ITEMS
Item Quantity Unit Description Unit Price Total Price
A-13 0 EA 6" x 1-1/2" service
wye complete in place,
furnished and installed
al1 in accordance with
plans and specifications
for Zero DOLLARS &
No CENTS $ -Q- $ -o-
Each ' ~
SUB-TOTAL FOR REHABILITIVE ITEMS
(1, 2, 3, 4, 5, 6, 7, 11, 12, 14, 15, 16, 17, & 18) $17,490.00
SUB-TOTAL FOR ADDITIVE ITEMS
(Al, A3, A5, A6, A8, A9, A10, & A12) $43,465.00
TOTAL CONTRACT VALUE
Sixty Thousand Nine Hundred Ninety-Five DOLLARS & No CENTS $60,955.00
The time allotted for the completion of this project (including any additive
items) is 90 consecutive calendar days.
This is a proposal of Sf/.) (°*^<<</ corporation
organized and existing under the laws of the State of rL' r or- a
partnership consisting of ' L
individual, doing business""
MAILING ADDRESS • fr f) . £* ]f
STREET ADDRESS P /^ /
CITY, STATE, ZIP M M c^~ T*v *c 1*7
Seal & Authorization
(if corporation)
P-ll
Schaumburg & Polk, Inc.
C O S _ t L T I N C ENGINEERS
27
PERFORMANCE BOND
STATE OF TEXAS
COUNTY
KNOW ALL MEN BY THESE PRESENTS: That
certain written contract with^ ^
the same extent
NOW, THEREFORE,- THE CONDITION.OF. THIS OBLIGATION IS SUCH that if +
sajd Principal shall faithfully perform said Contract and shall in dfVesp^ duly i^ Ithfunv
observe and perform all and singular the covenants, conditions and agreements in Lbv sad
contract agreed and covenanted by the Principal to be observed and performed, and ccordL t
hi^e;15VV ^nT^f fd C°ntraCt aDd the P^ns and Specifications herlAnnexed
then this obligation shall be void; otherwise to remain in full force and effect; annexed,
wJ?^ ^WEVER, that this bond is executed pursuant to the provisions of
5160 for Public Work Article 5472d for Private Work)* of the Revised Civil Statute" of Texa^t
amended and all liabilities on this bond shall be determined in accordance with the^ rovilbnT "
said Article to the same extent as if it were copied at length herein." ^ Provisions of
S / ., ^ r6CTd> PUkteS and agfeeS that no chan*e> extension of time, alteration
dition to the terms of the contract, or to the work performed thereunder, or the plans sped-ions,
or drawings accompanying the same, shall in anyway affect its obligation on this
*Not applicable for federal work. See 'The Miller Act," 40 U.S.C. S270.
PB-1
0 by T»m» S*ct;>o. ASCE 1971
to "tLTe^s'oTtl!16"^ ^ n°tiCfl °f ^ 8UCh Change' eXtenSi°D °f ti to the terms of the contract, or to tae work to be performed thereunder.
28
ime' alteration
IN WITNESS WHEREOF, the uU Principe and Surety have signed and seaJed this instru-ment
this £5 day of__ January 19_83
Surety
Ms,
Titles
Address
The name and address of the Resident Agent of Surety is:
ANCO/Th* A^or*
P. 0. Box 3889
Bryan, Texas 77805
^:^^^e'& :,:gx-:S f?^;;^^^^^^
Yy,
PB-2
0 H T«u. i
PAYMENT BOND
STATE OF TEXAS
COUNTY ^
KNOW ALL MEN BY THESE PRESENTS: That__S^
Co.. J.. ~r
'" the penal sam ol ^•»
f'the •*Principai ,, MCce»or, and aSslgns, jointly and several]y, by tee presents: trators.
PB-8
(e) S«etkn. ASCE 1971
30
bond, and it does hereby waive notice of any such change, extension of time, alteration or addition
to the terms of the contract, or to the work to be performed thereunder.
IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this instru
ment this___±£__day of. January 1Q 83
———————— — ——__ :____. , _f XV7 .
Titlel_ '^^gr^T^-v
Address.
—fcMAli
Surety
The name and address of the Resident Agent of Surety is:
ANCO/The Anderson Comp
P. O Rrw 9QQQ*
Bryan, Texas 77805.
© ky Tf«« Swtwn. ASCE 19? 1
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POWER OF ATTORNEY
BY THESE PRESENTS-
' ° 31
under the
Wisconsin,
op
6
S ^
iilSp
^S^ dth^V liNbUKANCE0FWAUSAU
ion of a7SeCrhtary °r £ssistant secretary
ruiwnEK KESOLVED that th ' —^^ wr WAUSAU A Mutual C<mfpan F!?Wer of attorne3'. and to
WITNESS WHERE^E^SoYE^JnSK
by the senior vice president and attested by its secretary and ^^ ^^ hM C3USed these Pres^ts to be
day of November 19 J2__ '^^ and Its corP°^te seal to be hereto affixed this
EMPLOYERS INSURANCEOFWA^U A Mutua. Co,,Pany
L. J. Baumer '^^yf ^^^^^^y
Senior Vice President
k_
R. J. Wendorff
STATE OF WISCONSIN
COUNTY OF MARATHON j
On this 1st .day of
Secretary
er 82
. Wendon'f
NOTARY PUBUC
Notary Public
} CERTIFICATE
COUNTY OF MARATHON )
Signed and sealed in thP Tit,, fu, ■ , ooard of Directors set forth in the Dowpr^ =ti • e a.?,d.nas n©t
seaiea m the City of Wausau, Marathon Count v s»«- „,„,.__- .. ... P°Wer Oi altomey is still in force.
rFAM°^^ArV^NY QUESTIONS REGARDING THF vat
32
83-58
TS. II »af o^ereT^^f Un ^\. "I
obtain co^etitive bids on S. fJSoS^J^: "^"^ t0
Project
" - - . ___ Estimated Cost
1 Information Booth
Jf Rl
rmation Booth
2. Joof Replacements-Various Dorms $ ,2!'I!!!0'00
*. Plumbing Repairs (Shower Stal™-Dorms "0,000.00
y § 12)
4. Sidewalks-Intramural Fields 450,000.00
5. Repaying of Parking Lots 50,000.00
6. Painting of Indoor Svdnunine Pool 60,000.00
^Housr1 ^ ^^ticnSH JS'the Field 15°°000
8. Additional Air Conditioning for the Health
45,000.00
Source of Fmds: ^,ged Property
83-59
83-60
83-61
Renovation Project be approved «3 tha? Sf^J1"18 " the F°"stry Ub
cee, „«. a1 dP -^: srsn^^
83-62
v^UnHye? if "fo^-^t^ RefM — -«.-„ members
architect, Mr. WUbur Kent, on an hourly h» Y> Tth the.""stance of an
drawings and .specifications and"dver«se foi^' aUth?rized to prepare
-otor poo, md gromds shpp. SouS^^^^v^rS?1^ 0°nf
33
83-63
: it »:r
83-64
construction project be approvfd
authorized to'sijn the conlllct. '
renovaticn and/or
°f the Board be
34
in
CONTRACT FOR ARCHITECTURAL SERVICES '
CITY OF NACOGDOCHES
THE STATE OF TEXAS
COUNTY OF NACOGDOCHES
THIS AGREEMENT made as of the twenty-fifth day of January
the year Nineteen Hundred and Eighty Three and between the BOARD OF
REGENTS STEPHEN F, AUSTIN STATE ttmtversiTY, NACOGDOCHES,
TEXAS acting herein by s.nd through its President, hereinafter called.the Owner,
and KENT-MARSELLOS-SCOTT, ARCHITECTS-ENGINEERS, Lufkin, Texas
hereinafter called the Architect for the following project:
PROFESSIONAL ASSISTANCE IN MISCELLANEOUS PROJECTS
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:
I • The Architect Shall provide professional services for the Project in
accordance with the Terms and Conditions of this Agreement.
H. 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 current funds available to the Owner and as applicable to the
projects involved for expenditure for the use and benefit of
Stephen F . Austin State University .
HI. The Architect and the Owner further agree to the following Terms
and Conditions:
35
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 under
standing of such requirements with the Owner.
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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 Cwner, 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 a.nd such ether 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
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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
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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 AIA
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 1:o 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.
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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 v/ith 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
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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 inteni: 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
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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, v/hether 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 .
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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.
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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 Projejct.
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 oi: 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.
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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.
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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.
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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
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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.
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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
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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 Serv?.ces.
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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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 denned in Article
5 shall be made monthly upon presentation of the Architect's statement
of services rendered or expenses incurred.
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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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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 with 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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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 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 .
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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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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 net 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
v as set forth in the edition of ALA 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
12.1 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 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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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, 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:
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Principals time at the fixed rate of $85 .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.
14.1.2 FOR SERVICES OF CONSULTANTS, including structural, mechanical
and electrical engineering services, a multiple of (1.5) times the
amounts billed to the Architect for such services.
14.2 FOR REIMBURSABLE EXPENSES, as described in Article 5, a
multiple of (1.0) times the amounts expended by the Architect, the
Architect's employees and consultants in the interest of the Project.
14.3 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 10%.
14.4 The Owner and the Architect agree in accordance with the Terms and
Conditions of this Agreement that:
14.5 IF THE SCOPE of the Project or of the Architect's Services is changed
materially, the amounts of compensation shall be equitably adjusted.
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• 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.
-27-
61
J
NUMBER OR COUNTERPART COPIES
This Contract is executed in four counterparts.
IN WITNESS WHEREOF the parties hereto have made and executed this
Agreement, the day and year first above written.
BOARD OF REGENTS
STEPHEN F . AUSTIN STATE UNIVERSITY
•By
ATTEST:
■Preoicfont of the Board
KENT, MARSELLOS AND SCOTT
ARCHITECTS-ENGINEERS
BV_
62
83-65
Upon motion of Regent Todd, seconded by Regent Garner, with all members
voting aye, it was ordered that the contracts with the following companies
for furniture in the Math/Nursing Instructional Facilities Project be
approved and the Chairman of the Board be authorized to sign the contracts,
They are as follows:
A. Abies-Land, Incorporated - Tyler, Texas
for Hospital Furniture $ Furnishings $ 3,367.18
B. Abel Contract Furniture $ Equipment - Austin,
Texas - for Office Furniture § Furnishings 73,198.12
C. American Desk Manufacturing Company, Temple,
Texas - for Classroom Furniture 47,774.86
Source of Funds: Ad Valorem Tax Funds already budgeted to the project.
63
THE AMERICAN INSTITUTE OF ARCHITECTS "
AIA Document A177
Abbreviated Form of Agreement Between
Owner and Contractor
for FURNITURE, FURNISHINGS AND EQUIPMENT where
the Basis of Payment is a STIPULATED SUM
1980 EDITION
THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES; CONSULTATION WITH AN ATTORNEY IS ENCOURACED.
This document includes abbreviated Ceneral Conditions and should not be used with other General Conditions.
ha*erVJL^Z^?!}**%"?* b,Yrhe Contra,ct,FurnishinSs Council, the Business and Institutional Furniture Manu-tacturers
Association, and the National Congress of Floor Covering Associations.
AGREEMENT
made as of the Twenty-fifth day of January in the vPar of Nineteen
Hundred and Eighty-three (1983) >-«,-dr or .Nineteen
Stephen F. Austin State University
bctia/ccm *u ^ Nacogdoches, Texas
BETWEEN the Owner:
Abies-Land, Inc.
P. 0. Box 430 3
and the Contractor: TYler' Texas 75712
Furniture & Furnishings
Instructional Facilities/School of Science & Mathematics
the Project: Stephen F. Austin State University
Nacogdoches, Texas
fho Arr, , . Wiener, Hill, Morgan, O'Neal & Sutton
the Architect: 4100-A South Medford Drive
Lufkin, Texas 759 01
The Owner and the Contractor agree as set forth below.
Portions of this Document are derived from AIA Document A107, Abbreviated Form of Agreement Between Owner anrf
Contractor, copyright ©1978 by The American Institute of Architects, and AIA Document A271 Gene-al Condition-of the
W it n ,Furr"tunre'.Furn'sh'nSS and Equipment, copyright ©1977 by The American Institute of Archit-rt and The American
Society of lnter,or Des.gners. New material herein copyright ©1980 by The American Institute of Architects and The Am can
Society of Intenor Designers. Reproduction of the material herein or substantial quotation of its provisions without the
written permiss.on of AIA and ASID viola.es the copyright laws of the United States and will be le g» prosecution
AIA DOCUMENT A177 • ABBREVIATED OWNER-INTERIORS CONTRACTOR AGREEMENT ♦ MAY 1980 EDITION . AIA*
©1980 . THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE NW WASHINGTON DC TO06
ASID* • ©1980 • THE AMERICAN SOCIETY OF INTER.OR DESICNERS, 730 FIFTH AVENUE. NEW YORK. N\. iSrt
A177—1980 1
64
ARTICLE 1
THE WORK
1.1 The Contractor shall perform all the Work required by the Contract Documents for
(Here insert the caption descriptive ol [he Work as used on oir.er Contract Documents.)
BID GROUP A:
Furniture & Furnishings
Instructional Facilities
School of Science & Mathematics
Stephen F. Austin State University
Nacogdoches, Texas
December 15, 19 82
ARTICLE 2
TIME OF COMMENCEMENT AND SUBSTANTIAL COMPLETION
2.1 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.)
See Article 22
ARTICLE 3
CONTRACT SUM
3.1 The Owner shall pay the Contractor ,n 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
3.2 The Contract Sum is determined as follows:
(State here the base bid or other lump sum amount, accepted alternates and unit prices, as applicable.)
Bid Group A: Three thousand, three hundred sixty-seven
and 18/100 Dollars ($3,367.18)
AIA DOCUMENT A177 • ABBREVIATED OWNER-INTERIORS CONTRACTOR AGREEMENT ♦ MAY 1980 EDITION • AIA«
©1980 • THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW VOKK aVENUE, N.W.. WASHINGTON D C ^0006
ASID* • ©1980 • THE AMERICAN SOCIETY OF INTERIOR DESIGNLtfS, 730 FIFTH AVENUE. NEW YORK NY 1100001199 A177—1980 2
65
ARTICLE 4
PROGRESS PAYMENTS
4.1 Based on Applications for Payment submitted to the Architect by the Contractor, and Certificates for Payment issued
by the Architect, the Owner shall make progress payments on account of the Contract Sum to the Contractor as
provided in the Contract Documents for the period ending the last day of the month as follows:
(Here insert payment procedures and provisions for retainage, r! any.)
Before payment is made on any phase of the work, all furniture
and furnishings for that phase shall be delivered and installed
and the furniture and furnishings, including material and
workmanship have been accepted as satisfactory to the Architect.
4.2 Payments due and unpaid under the Contract Documents shall bear interest from the date payment is due at the rate
entered below, or in the absence thereof, at the legal rate prevailing at the place of the Project.
(Here insert any rate ol interest agreed upon.)
(Usury /avvi and requirements under the Federal Truth in Lending Act, similar state and local consumer credit laws and other regulations at the Owner's
<hr. Z?f h?? pj"K.'/?a' p/aces ofbusme$s, the location ol the Project and elsewhere may affect the validity ol this provision. Specific legal advice
should be obtained with respect to deletion, modification or other requirements such as written disclosures or waivers.)
ARTICLE 5
FINAL PAYMENT
il.1 Final Payment, constituting the entire unpaid balance of the Contract Sum, shall be paid by the Owmir to the Con
tractor when the Work has been completed, the Contract fully performed, and a final Certificate for Payment has
been issued by the Architect. Final payment will be made wj_thin ^±
days after completion of the work.
ENUMERATION OF CONTRACT DOCUMENTS
(i.1 The Contract Documents, which constitute the entire agreement between the Owner and the Contractor, are listed
in Article 7 and, except for Modifications issued after execution of this Agreement, are enumerated a< follows:
any^^dfin/fccM^ri'^ f""If' Conditions' ^PP^memary and other Conditions, il any, the Drawings, the Schedules and Specifications. >nd
any Addenda and accepted alternates, showing page or sheet numbers in all cases and dates where applicable.)
1. Agreement dated January 25, 1983.
2. Drawings entitled "Furniture & Furnishings, Instructional
Facilities, School of. Science & Mathematics, Stephen F
Austin State University" Sheets Fl, F2, and F3 dated
December 15, 19 82.
3. Project Manual entitled "Project Manual, Furniture &
Furnishings, Instructional Facilities, School of Science
& Mathematics, Stephen F. Austin State University,
Nacogdoches, Texas" dated December 15, 1982.
4. Addendum No. 1 dated December 23, 1982.
5. Addendum No. 2 dated January 12, 1983.
MA DOCUMCNT A177 • ABBREVIATED OWNER-INTERIORS CONTRACTOR ACREEMEST . MAY 1930 EDITION • AIA®
S1980 • THE AMERICAN INSTITUTE OF ARCHITECTS. 17-5 NEW YORK AVENUE SW WASHINGTON DC *0006
ASID» • ©1930 . THE AMERICAN SOCIETY OF INTERIOR DESIGNERS, 730 FIFTH AVENUE, NEW YORK NY 10019 A177—198C 3
66
and procedures, and for coordinating all portions of the
Work under the Contract.
10.2 In addition to the Contractor's representations un
der Paragraph 7.3, the Contractor shall, prior .to shipment,
delivery and installation, visit and inspect the Project
premises in order to confirm the conditions under which
the Work is to be performed, verify the stage of comple
tion of the Project premises, determine the availability of
facilities for access, delivery, transportation and storage,
and correlate these observations with the requirements of
the Contract Documents.
10.3 Unless otherwise specifically provided in the Con
tract Documents, the Contractor shall provide and pay for
all labor, materials, furniture, furnishings and equipment,
tools, installation equipment and machinery, transporta
tion, and other facilities and services necessary for the
proper execution and completion of the Work, whether
temporary or permanent and whether or not incorporated
or to be incorporated in the Work.
10.4 The Contractor shall at all times enforce strict dis
cipline and good order among the Contractor's employees
and shall not employ on the Work any unfit person or
anyone not skilled m the task assigned them.
10.5 The Contractor warrants to the Owner and the
Architect that all materials, furniture, furnishings and
equipment incorporated in the Work will be new unless
otherwise specified, and that all Work will be of good
quality, free from faults and defects, and in conformance
with the Contract Documents. All Work not conforming
to these requirements may be considered defective.
10.6 Unless otherwise provided in the Contract Docu
ments, the Contractor shall pay all sales, consumer, use
and other similar taxes which are legally enacted at the
time bids are received, and shall secure and pay for all
permits and governmental fees, licenses and inspections
necessary for the proper execution and completion of the
Work.
10.7 The Contractor shall comply with all laws, ordi
nances, rules, regulations and lawful orders of any public
authority bearing on the performance of the Work, and
shall promptly notify the Architect if the Contract Docu
ments are at variance therewith.
10.8 The Contractor shall be responsible to the Owner
for the acts and omissions of the Contractor's emplovees
Subcontractors and their agents and employees, and other
persons performing any of the Work under a contract
with the Contractor.
1^. The Contractor shall review, approve and submit
all Shop Drawings, Product Data and Samples required by
the Contract Documents. The Work shall be in accord
ance with approved submittals.
10.10 The Contractor at all times shall keep the premises
free from accumulation of waste materials or rubbish
C?Ul iA/y l. e Sontractor's operations. At the completion
of the Work, the Contractor shall remove all such waste
materials and rubbish from and about the Project premises
as well as the Contractor's tools, installation equipment
machinery and surplus materials.
?°'11 ™,e C°ntractor shall pay all royalties and license
lees; shall defend all suits or claims for infringement of
any patent rights, and shall save the Owner harmless from
loss on account thereof.
5 A177—1980
ASID.
10.12 To the fullest extent permitted by law, the Con
tractor shall indemnify and hold harmless the Owner and
the Architect and their agents and employees from and
against all claims, damages, losses and expenses, includ
ing, but not limited to, attorneys' fees arising out of or
resulting from the performance of the Work, provided
that any claim, damage, loss or expense (1) is attributable
to bodily injury, sickness, disease or death, or to injury to
or destruction of tangible property (other than the Work
itself) including the loss of use resulting therefrom, and
(2) is caused in whole or in part by any negligent act or
omission of the Contractor, any Subcontractor, anyone
directly or indirectly employed by any of them, or any
one for whose acts any of them may be liable, regardless
of whether or not it is caused in part by a party indemni
fied hereunder. Such obligation shall not be construed to
negate, abridge or otherwise reduce any other right or
obligation of indemnity which would otherwise exist as
to any party or person described in this Paragraph 10.12.
In any and all claims against the Owner or the Architect^
or any of their agents or employees, by any employee of
the Contractor, any Subcontractor, anyone directly or
indirectly employed by any of them, or anyone for whose
acts any of them may be liable, the indemnification obli
gation under this Paragraph 10.12 shall not be limited in
any way by any limitation on the amount or type of dam
ages, compensation or benefits payable by or for the Con
tractor or any Subcontractor under workers' or workmen's
compensation acts, disability benefit acts or other em
ployee benefit acts. The obligations of the Contractor
under this Paragraph 10.12 shall not extend to the liability
of the Architect, the Architect's agents or employees, aris
ing out of (1) the preparation or approval of Drawings,
opinions, reports, Change Orders, designs, Schedules or
Specifications, or (2) the giving of or the failure to give
directions or instructions by the Architect, the Architect's
agents or employees, provided such giving or failure to
give is the primary cause of the injury or damage.
ARTICLE 11
SUBCONTRACTS
11.1 A Subcontractor is a person or entity who has a
contract, purchase order or work authorization with the
Contractor <c perform any Work at the Project premises
or to fabricate, ship, deliver or install any Work for the
Project.
11.2 Unless otherwise required by the Contract Docu
ments or m the Bidding Documents, the Contractor as
soon as practicable after the award of the Contract, shall
furnish to the Architect, in writing, the names of Subcon
tractors for each of the principal portions of the Work.
11.3 The Contractor shall not employ any Subcontractor
to whom tne Architect or the Owner may have a reason
able objection. The Contractor shall not be required to
contract with anyone to whom the Contractor has a rea
sonable objection.
11.4 Contracts between the Contractor and the Subcon
tractors shjil (1) require each Subcontractor, to the extent
of the Work to be performed by the Subcontractor to be
bound to tne Contractor by the terms of the Contract
Documents, and to assume toward the Contractor all the
obligations and responsibilities which the Contractor by
6 Documents' assumes toward the Owner and'the
n q am^A?S^^
©1980 • THE AMERICAN
67
GENERAL CONDITIONS
ARTICLE 7
CONTRACT DOCUMENTS
7.1 The Contract Documents consist of this Agreement
with General Conditions; Supplementary and other Con
ditions, if any, the Drawings, the Schedules and Specifica
tions, all Addenda issued prior to the execution of this
Agreement, and all Modifications issued by the Architect
after execution of the Contract such as Change Orders,
written interpretations and written orders for minor
changes in the Work. The intent of the Contract Docu
ments is to include all items necessary for the proper
execution and completion of the Work. The Contract
Documents are complementary, and what is required by
any one shall be as binding as if required by all. Work not
covered in the Contract Documents will not be required
unless it is consistent therewith and reasonably inferable
therefrom as being necessary to produce the intended
results.
7.2 Nothing contained in the Contract Documents shall
create any contractual relationship between the Owner or
the Architect and any Subcontractor.
7.3 Execution of the Contract by the Contractor is a rep
resentation that the Contractor has visited the Project
premises, or if not yet constructed, has reviewed the doc
uments pertaining thereto, and is familiar with the local
conditions under which the Work is to be performed.
7.4 The Work comprises the completed services, furni
ture, furnishings and equipment required by the Contract
Documents, including all materials and labor incorporated
or to be incorporated therein.
ARTICLE 8
ARCHITECT
8.1 The Architect will provide administration of the Con
tract and will be the Owner's representative during the
performance of the Work and until final payment is due.
8.2 The Architect shall at all times have access to the
Work wherever it is in preparation and progress.
8.3 The Architect will visit the Project premises as the
Architect deems necessary to become generally familiar
with the progress and quality of the Work and to deter
mine in general if the Work is proceeding in accordance
with the Contract Documents. However, the Architect will
not be required to make exhaustive or continuous inspec
tions at the Project premises to check the quality or quan
tity of the Work. On the basis of such observations as an
architect, the Architect will keep the Owner informed of
the progress of the Work, and will endeavor to guard the
Owner against defects and deficiencies in the Work of
the Contractor. The Architect will not have control or
charge of, and will not be responsible for, the means,
methods, techniques, sequences or procedures of con
struction, fabrication, procurement, shipment, delivery or
installation, or for safety precautions and programs in
connection with the Work, and will not be responsible
for the Contractor's failure to carry out the Work in ac
cordance with the Contract Documents.
8.4 Based on the Architect's observations and evalua
tions of the Contractor's Applications for Payment, the
Architect will determine the amounts owing to the Con
tractor and will issue Certificates for Payment in accord
ance with Article 16.
8.5 The Architect will be the interpreter of the require
ments of the Contract Documents. The Architect shall
make decisions on afl claims, disputes or other matters in
question between the Contractor and the Owner, but will
nQt be liable for the results of any interpretation or deci
sion rendered in good faith. The Architects decisions in
matters relating to artistic effect will be final if consistent
with the intent of the Contract Documents. All other de
cisions of the Architect, except those which have been
waived by the making or acceptance of final payment,
shall be subject to arbitration upon the written demand
of either party.
8.6 The Architect will recommend to the Owner rejec
tion of Work which does not conform to the Contract
Documents.
8.7 The Architect will 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 the information given in the Contract Documents.
ARTICLE 9
OWNER
9.1 The Owner shall furnish all drawings and other docu
mentation describing the physical characteristics of the
Project premises, and shall indicate work areas which the
Contractor may utilize.
9.2 Except as provided in Paragraph 106, the Owner
shall secure and pay for necessary approvals, easements,
assessments and charges required for the use or occupancy
of permanent structures or permanent changes in existing
facilities.
9.3 The Owner shall forward all instructions to the Con
tractor through the Architect.
9.4 If the Contractor fails to correct defective Work or
persistently fails to carry out the Work in accordance with
the Contract Documents, the Owner, by a written order,
may order the Contractor to stop the Work or any por
tion thereof until the cause for such order has been elimi
nated; however, this right of the Owner to stop the Work
shall not give rise to any duty on the part of the Owner
to exercise this right for the benefit of the Contractor or
any other person or entity.
ARTICLE 10
CONTRACTOR
10.1 The Contractor shall supervise and direct the Work
using the Contractor's best skill and attention, and shall
be solely responsible for all fabrication, shipment, delivery
and installation means, methods, techniques, sequences
AIA DOCUMENT A177 • ABBREVIATED OWNER-INTERIORS CONTRACTOR AGREEMENT • MAY 1980 EDITION • AIA<*
?c,9™# ^HE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W.. WASHINGTON DC 20M6
ASID® • ©1900 ♦ THE AMERICAN SOCIETY OF INTERIOR DESIGNERS, 730 FIFTH AVENUE NEW YORK NY 10019 A177—1980 4
68
Architect, and (2) allow the Subcontractor the benefit
of all rights, remedies and redress afforded to the Con
tractor by these Contract Documents.
ARTICLE 12
WORK BY OWNER OR BY
SEPARATE CONTRACTORS
12.1 The Owner reserves the right to perform work re
lated to the Project with the Owner's own forces, and to
award separate contracts in connection with other por
tions of the Project or other work on the Project premises
under these or similar Conditions of the Contract. If the
Contractor claims that delay or additional cost is involved
because of such action by the Owner, the Contractor shall
make such claim as provided in the Contract Documents.
12.2 The Contractor shall afford the Owner and separate
contractors reasonable opportunity for access to the Proj
ect premises and storage of their materials and equipment
and the execution of their work, and shall connect and
coordinate the Contractor's Work and theirs as required
by the Contract Documents.
12.3 Any costs caused by defective or ill-timed work
shall be borne by .the party responsible therefor.
ARTICLE 13
INSTALLATION
13.1 Unless otherwise provided in the Contract Docu
ments, installation shall be performed during normal
working hours prevailing at the location of the Project.
13.2 The Owner shall provide adequate facilities for the
delivery, unloading, staging and storage of furniture, fur
nishings and equipment in accordance with a mutually
agreed upon schedule, and shall provide reasonable ac
cess to the Project premises for the above activities. The
Owner shall provide security against loss and damage to
materials, furniture, furnishings and equipment stored at
the Project premises.
13.3 The Owner shall inspect the Work upon delivery
for the sole purpose of identifying the materials, furniture,
furnishings and equipment, and of verifying the quantities
delivered. Such inspections are not final and do not con
stitute acceptance of, or taking charge or control over, the
materials, furniture, furnishings or equipment.
13.4 Receipt shall not be construed as acceptance of any
furniture, furnishings or equipment prior to installation
and Substantial Completion, uniess the Owner specifically
accepts in writing. If any previously inspected or accepted
Work is found to be defective or damaged or not in con-formance
with the Contract Documents, through no fault
of the Owner, the Owner may refuse or revoke accept
ance.
13.5 The Contractor shall employ such labor and such
means and methods of carrying out the Work as are re
quired by conditions relating to delivery, installation and
labor.
ARTICLE 14
MISCELLANEOUS PROVISIONS
14.1 The Contract shall be governed by the law of the
place where the Project is located.
14.2 All claims or disputes between the Contractor and
the Owner arising out of or relating to the Contract Docu
ments or the breach thereof shall be decided by arbitra
tion in accordance with the Commercial Arbitration Rules
of the American Arbitration Association then obtaining
uniess the parties mutually agree otherwise. Notice of the
demand for arbitration shall be tiled in writing with the
other party to the Owner-Contractor Agreement and with
the American Arbitration Association and shall be made
within a reasonable time after the dispute has arisen. The
3ward rendered by the arbitrators shall be final; and judg
ment may be entered upon it in accordance with applica
ble law in any court having jurisdiction thereof.
14.3 Except by written consent of the person or entity
nought to be joined, no arbitration arising out of or relat-ng
to the Contract Documents shall include, by consoli
dation, joinder or in any other manner, any person or
entity not a party to the agreement under which such
arbitration arises, unless it is shown at the time the de
mand for arbitration is filed that (1) such person or entity
is substantially involved in a common question of fact or
law, (2) the presence of such person or entity is required
if complete relief is to be accorded in the arbitration, (3)
the interest or responsibility of such person or entity in
the matter is not insubstantial, and (4) such person or
entity is not the Architect or any of the Architect's em
ployees or consultants. The agreement herein among the
parties to this Agreement and any other written agreement
to arbitrate referred to herein shall be specifically enforce
able under the prevailing arbitration law.
ARTICLE 15
TIME
15.1 All time limits stated in the Contract Documents
are of the essence of the Contract. The Contractor shall
expedite the Work and achieve Substantial Completion
within the Contract Time.
15.2 The Date of Substantial Completion of the Work is
the date certified by the Architect when the Work is suffi
ciently complete so that the Owner can occupy or utilize
the Work for the use for which it is intended.
15.3 If the Contractor is delayed at any time in the
progress of the Work by changes ordered in the Work, by
labor disputes, fire, unusual delay in transportation, ad
verse weather conditions not reasonably anticipatable,
unavoidable casualties or any causes beyond the Contrac
tor's control, or by any other cause which the Architect
determines may justify the delay., then the Contract Time
shall be extended by Change Order for such reasonable
time as the Architect may determine.
ARTICLE 16
PAYMENTS AND COMPLETION
16.1 Payments shall be made as provided in Article 4
dnd Article 5 of this Agreement.
•J6.2 To the extent reasonably necessary to protect the
Owner, payments may be withheld on account of (1) de-ective
Work not remedied, (2 claims filed, (3) failure of
■he Contractor to make payments properly to Subcontrac-
•:o*rs performing Work at the Project premises or for labor,
Tiaterials, furniture, furnishings or equipment, (4) damage
o the Owner or another contractor, or (5) persistent fail-
AIA DOCUMENT A177 • ABBREVIATED OWNER-INTERIORS CONTRACTOR AmFF/^
©1980 • THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE
AS.DS • ©1980 • THE AMERICAN SOCIETY OF INTERIOR DESIGN^ 730 F^FTH
.ENT • MAY 1930 EDITION • AIA*
N.W.. WASHINGTON. D.C. 200C6
AVENUE, NEW YORK. \ Y 10019 A177—1980 6
69
ure to carry out the Work in accordance with the Con
tract Documents.
16.3 When the Architect agrees that the Work is sub
stantially complete, the Architect will issue a. Certificate
of Substantial Completion.
16.4 Final payment shall not be due until the Contractor
has delivered to the Owner a complete release of all liens
arising out of this Contract, or receipts in full covering all
:abor, materials, furniture, furnishings and equipment for
which a lien could be filed, or a bond satisfactory to the
Owner indemnifying the Owner against any lien. If any
lien remains unsatisfied after all payments are made, the
Contractor shall refund to the Owner all monies the latter
may be compelled to pay in discharging such lien, includ
ing all costs and reasonable attorneys' fees.
16.5 The making of final payment shall constitute a
waiver of-all claims by the Owner except those arising
from (1) unsettled liens, (2) faulty or defective Work ap
pearing after Substantial Completion, (3) failure of the
Work to comply with the requirements of the Contract
Documents, or (4) terms of any special warranties re
quired by the Contract Documents. The acceptance of
final payment shall constitute a waiver of all claims by the
Contractor except those previously made in writing and
identified by the Contractor as unsettled at the time of the
final Application for Payment.
ARTICLE 17
PROTECTION OF PERSONS AND PROPERTY
17.1 The Contractor shall be responsible for initiating,
maintaining and supervising all safety precautions and
programs in connection with the Work. The Contractor
shall take all reasonable precautions for the safety of, and
shall provide all reasonable protection to prevent damage,
injury or loss to (1) all employees on the Work and other
persons who may be affected thereby, (2) all the Work
and all materials, furniture, furnishings and equipment to
be incorporated therein, and (3) other property at the
Project premises or adjacent thereto. The Contractor shall
give all notices and comply with all applicable laws, ordi
nances, rules, regulations and orders of any public author
ity bearing on the safety of persons and property and their
protection from damage, injury or loss. The Contractor
shall promptly remedy all damage or loss to any property
caused in whole or in part by the Contractor, any Sub
contractor, any Sub-subcontractor, or anyone directly or
indirectly employed by any of them, or by anyone for
whose acts any of them may be liable, except damage or
loss attributable to the acts or omissions of the Owner or
the Architect, or anyone directly or indirectly employed
by either of them, or by anyone for whose acts either of
them may be liable, and not attributable to the fault or
negligence of the Contractor. The foregoing obligations
of the Contractor are in addition to the Contractor's obli
gations under Paragraph 10.12.
ARTICLE 18
INSURANCE
18.1 Contractor's liability insurance shall be purchased
and maintained by the Contractor.for protection from
claims under workers' or workmen's compensation acts
and other employee benefit acts, claims for damages be
cause of bodily injury including death, ami from claims
for damages, other than to the Work itself, to property
which may arise out of or result from th«? Contractor's
operations under this Contract, whether such operations
be by the Contractor, any Subcontractor or anyone di
rectly or indirectly employed by any of them. This insur
ance shall be written for not less than any limits of liabil
ity specified in the Contract Documents or required by
law, whichever is greater, and shall include contractual
liability insurance applicable to the Contractor's obliga
tions under Paragraph 10.12. Certificates of :?uch insurance
shall be filed with the Owner prior to commencement of
the Work.
18.2 The Owner shall be responsible for purchasing and
maintaining Owner's liability insurance and, as an option,
may maintain such insurance as will protect the Owner
against claims which may arise from operations under the
Contract.
18.3 Unless otherwise provided, the Owner shall pur
chase and maintain property insurance upon the entire
Work at the Project premises to the full hsurable value
thereof. This insurance shall include the interests of the
Owner, the Contractor and Subcontractors in the Work,,
and shall insure against the perils of fire and extended
coverage, and shall include "all risk" insurance for physi
cal loss or damage including, without duplication of cov
erage, theft, vandalism and malicious mischief.
18.4 Any loss insured under Paragraph 18.3 is to be ad
justed with the Owner and made payable to the Owner
as trustee for the insureds, as their interests may appear,
subject to the requirements of any mortgagee clause.
18.5 The Owner shall file a copy of all policies with the
Contractor before an exposure to loss may occur.
18.6 The Owner and the Contractor waive all rights
against each other and the Architect for damages caused
by fire or other perils to the extent covered by insurance
obtained pursuant to this Article 18, or any other properly
insurance applicable to the Work, except such rights as
they may have to the proceeds of such insurance held by
the Owner as trustee. The Owner or the Contractor, as
appropriate, shall require of the Architect, and Subcon
tractors similar waivers each in favor of all other parties
enumerated in this Paragraph 18.6.
18.7 If the Owner finds it necessary to occupy or use a
portion of the Work prior to Substantial Completion
thereof, such occupancy or use shall not.commence prioi
to a time mutually agreed to by the Owner and the Con
tractor and to which the insurance company providing
the property insurance has consented by endorsement to
the policy. This insurance shall not be canceled or al
lowed to lapse on account of such partial occupancy.
ARTICLE 19
CHANGES IN THE WORK
19.1 The Owner, without invalidating the Contract, may
order changes in the Work consisting of additions, dele
tions or modifications, the Contract Sum ar.d the Contract
Time being adjusted accordingly. All such changes in the
Work shall be authorized by written Change Order
signed by the Owner and the Architect.
19.2 The Contract Sum and the Contrac: Time mav be
changed only by Change Order.
7 A177—1980
^ no^°CV EN1 A177 ' ABBREVIATED OWNER-INTERIORS CONTRACTOR AGREEMENT • MAY 1930 EDITION ♦ AIA®
fS* ^opAMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON DC TO
• ©1980 • THE AMERICAN SOCIETY OF INTERIOR DESIGNERS, 730 FIFTH AVENUE NEW YORK NY ^OCT*
19.3 The cost or credit to the Owner from a change in
the Work shall be determined by mutual agreement.
ARTICLE 20
CORRECTION OF WORK
20.1 The Contractor shall promptly correct all Work re
jected by the Owner as defective or as failing to conform
to the Contract Documents whether observed before or
after Substantial Completion and whether or not fabri
cated, installed or completed, and shall correct any Work
found to be defective or nonconforming within a period
of one year from the Date of Substantial Completion of
the Contract or within such longer period of time as may
be prescribed by law or by the terms of any applicable
special warranty required by the Contract Documents.
The provisions of this Article 20 apply to Work done by
Subcontractors as well as to Work done by direct em
ployees of the Contractor.
ARTICLE 21
TERMINATION OF THE CONTRACT
21.1 If the Architect fails to issue a Certificate for Pay
ment for a period of thirty days, through no fault of the
Contractor, or if the Owner fails to make payment thereon
for a period of thirty days, the Contractor may, upon seven
70
additional days' written notice to the Owner and the
Architect, terminate the Contract and recover from the
Owner payment for all Work executed and for any proven
loss sustained upon any materials, furniture, furnishings,
equipment and tools, including reasonable profit and
damages applicable to the Project.
21.2 If the Contractor defaults or persistently fails or
neglects to carry out the Work in accordance with the
Contract Documents, or fails to perform any provision of
the Contract, the Owner may, after seven days' written
notice to the Contractor and without prejudice to any
other remedy the Owner may have, make good such de
ficiencies and may deduct the cost thereof, including
compensation for the Architect's additional services made
necessary thereby, from the payment then or thereafter
due the Contractor or, at the Owner's option and upon
certification by the Architect that sufficient cause exists to
justify such action, may terminate the Contract and take
possession of the Project premises and of all materials,
furniture, furnishings, equipment, tools and installation
equipment and machinery thereon owned by the Contrac
tor and may finish the Work by whatever method the
Owner may deem expedient; and if the unpaid balance of
the Contract Sum exceeds the expense- of finishing the
Work, such excess shall be paid to the Contractor, but if
such expense exceeds the unpaid balance, the Contractor
shall pay the difference to the Owner.
ARTICLE 22
OTHER CONDITIONS OR PROVISIONS
ARTICLE 2: TIME OF COMMENCEMENT AMD SUBSTANTIAL COMPLETION
It is the intent of the Owner to award a contract on or about January
24, 1983. The Bidder hereby agrees to commence work under this Contract
on the date the contract is awarded (Delivery not earlier than August 1,
1983 unless approved by the Owner) and to Substantially Complete the
project by August 15, 1983.
While it is anticipated that the building under construction which is to
receive this work will be Substantially Completed by August 1, 19 83, the
Owner reserves the right to delay installation of work under this Contract
pending a delay in completion of the Construction Contract. A notice ad
vising himof such delay will be issued to this Contractor a minimum of
45 days prior to the anticipated date of Completion of Construction. This
Contractor will be held responsible for any added storage, handling, and
other expenses incurred by such postponement of installation of work
covered in this contract.
This Agreement entered into as of the day and year first written above.
OWNER Board of Regents of CONTRACTOR
Stephen F. Austin State University Abies-Land, Inc.
vyi Glenn Justice, Chairman of
theBoard
By: Arnold Abies, President
AIA DOCUMENT A177 • ABBREVIATED OWNER-INTERIORS CONTRACTOR AGREEMENT • MAY 19»0 EDITION • AIA®
©1980 • THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, M.W., WASHINGTON D C 20006
ASID® • ©1980 • THE AMERICAN SOCIETY OF INTERIOR DESIGNERS, 730 FIFTH AVENUE, NEW YORK NY 10019 A177 1980 8
71
THE AMERICAN INSTITUTE OF ARCHITECTS
AIA Document A177
Abbreviated Form of Agreement Between
Owner and Contractor
for FURNITURE, FURNISHINGS AND EQUIPMENT where
the Basis of Payment is a STIPULATED SUM
1980 EDITION
THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES; CONSULTATION WITH AN ATTORNEY IS ENCOURAGED
Th.s^document includes abbreviated Ceneral Conditions and should not be used with other General Conditions.
. b Cont Furnjshings council, the Business and Institutional Furniture Manu
al Congress of Floor Covering Associations.
AGREEMENT
made as of the Twenty-fifth day of January
Hundred and Eighty-three (1983)
in the year of Nineteen
BETWEEN the Owner:
and the Contractor:
the Project:
the Architect:
Stephen F. Austin State University
Nacogdoches, Texas
Abel Contract Furniture & Equipment Co., Inc.
P.O. Box 10
Austin, Texas 78767
Furniture & Furnishings
Instructional Facilities/School of Science & 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
72
ARTICLE 1
THE WORK
1.1 The Contractor shall perform all the Work required by the Contract Documents for
(Here insert the caption descriptive ol the Work as used on other Contract Documents.)
BID GROUP B:
Furniture & Furnishings
Instructional Facilities.
School of Science & Mathematics
Stephen F. Austin State University
Nacogdoches, Texas
December 15, 1982
ARTICLE 2
TIME OF COMMENCEMENT AND SUBSTANTIAL COMPLETION
2.1 The Work to be performed under this Contract shall be commenced August 1, 19 83
and, subject to authorized adjustments, Substantial Completion shall be achieved not later than August 15 , 198 3
(Here insert any special provisions for liquidated damages relating to failure to complete on time.)
See Article 22
ARTICLE 3
CONTRACT SUM
3.1 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
3.2 The Contract Sum is determined as follows:
(State here the base bid or other lump sum amount, accepted alternates, and unit prices, as applicable.)
Bid Group B: Seventy-three thousand, one hundred ninety-eight
and 12/100 Dollars ($73,198.12),
AIA DOCUMENT A177 • ABBREVIATED OWNER-INTERIORS CONTRACTOR AGREEMENT ♦ MAY 1980 EDITION •> AIA1?
©1980 • THE AMERICAN INSTITUTE OF ARCHITECTS. 1735 NEW YORK AVENUE, N.W WASHINGTON D C 20006
ASID® • ©1980 • THE AMERICAN SOCIETY OF INTERIOR DESIGNERS, 730 FIFTH AVENUE, NEW YORK N V 10019 A177 1980 2
73
ARTICLE 4
PROGRESS PAYMENTS
4.1 Based on Applications for Payment submitted to the Architect by the Contractor, and Certificates for Payment issued
j Architect, the Owner shall make progress payments on account of the Contract Sum to the Contractor as
provided in the Contract Documents for the period ending the last day of the month as follows:
(Here insert payment procedures and provisions lor reUinage, it any.)
Before payment is made on any phase of the work, all furniture and furnish
ings ^ for that phase shall be delivered and installed and the furniture and
furnishings, including material and workmanship have been accepted as sa
tisfactory to the Architect.
4.2 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 absence thereof, at the legal rate prevailing at the place of the Project.
(Here insert any rate ol interest agreed upon.)
ARTICLE 5
FINAL PAYMENT
5.1 Final Payment constituting the entire unpaid balance of the Contract Sum, shall be paid by the Owner to the Con
tractor when the Work has been completed, the Contract fully performed, and a final Certificate for Payment has
been issued by the Architect. Final Payment will be made within thirty-one (31)
days after completion of the work.
ARTICLE 6
ENUMERATION OF CONTRACT DOCUMENTS
6>1 ^aSi tr7Ct °ocument,s' wkh;ch constitute the entire agreement between the Owner and the Contractor, are listed
Article 7 and, except for Modifications issued after execution of this Agreement, are enumerated as follows:
^r^^^ i-r-^^r'lhe 5cMules
1. Agreement dated January 25, 1983.
2. Drawings entitled "Furniture & Furnishings, Instructional
Facilities, School of Science & Mathematics, Stephen F.
Austin State University" Sheets Fl, F2, and F3 dated
December 15, 1982.
3. Project Manual entitled "Project Manual, Furniture &
Furnishings, Instructional Facilities, School of Science
& Mathematics, Stephen F. Austin State University,
Nacogdoches, Texas" dated December 15, 19 82.
4. Addendum No.ldated December 23, 19 82.
5. Addendum No. 2 dated January 12, 19 83.
AIA DOCUMENT A177 • ABBREVIATED OWNER-INTERIORS CONTRACTOR AGREEMENT • MAY 1980 EDITION . AIA« ~ "
? * ™E AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YOS< AVENUE, N W WASHINGTON 0> C 20006
. ©1980 • THE AMERICAN SOCIETY OF INTEF.IOR DESICNERS. 730 FIFTH AVENUE, NEW YORK, Kv! 10019 A177—1980 3
74
GENERAL CONDITIONS
ARTICLE 7
CONTRACT DOCUMENTS
7.1 The Contract Documents consist of this Agreement
with General Conditions, Supplementary and other Con
ditions, if any, the Drawings, the Schedules and Specifica
tions,, all Addenda issued prior to the execution of this
Agreement, and all Modifications issued by the Architect
after execution of the Contract such as Change Orders,
written interpretations and written orders for minor
changes in the Work. The intent of the Contract Docu
ments is to include all items necessary for the proper
execution'and completion of the Work. The Contract
Documents are complementary, and what is required by
any one shall be as binding as if required by all. Work not
covered in the Contract Documents will not be required,
unless it is consistent therewith and reasonably inferable
iherefrom as being necessary to produce the intended
'esults.
7.2 Nothing contained in the Contract Documents shall
create any contractual relationship between the Owner or
:he Architect and any Subcontractor.
7.3 Execution of the Contract by the Contractor is a rep
resentation that the Contractor has visited