Minutes of the Board of Regents of Stephen F. Austin State University. 1991, Volume No. 105

              Stephen F. Austin
State University
Minutes of the
Board of Regents
Houston, Texas
July 9,1991
Volume 105
INDEX
Minutes of the Meeting
Board of Regents
Stephen F. Austin State University
Held at Houston, Texas
July 9, 1991
Page
91-78 Approval of Minutes of April 23, 1991 1
91-79 Approval of Amendment to Rules and Regulations
of the Board of Regents 1
91-80 Faculty Staff Appointments for 1990-91 1
91-81 Changes of Status for 1990-91 6
91-82 Faculty Staff Appointments for 1991-92 8
91-83 Changes of Status for 1991-92 11
91-84 Leave of Absence 11
91-85 Tenure 12
91-86 Appointment of Sub-committee to Develop
Procedure for Evaluation of President 12
91-87 Last Class Day Report 12
91-88 Underenrolled Class Report 12
91-89 Registration Fee and Cancellation of Drop Fee 13
91-90 Policy for Provisional Admission Status for Graduate Students 13
91-91 Five-Year BBA/MPA Degree Program in Accounting 14
91-92 Parking and Traffic Regulations and Information 14
91-93 Selection of Financial Depositories 14
91-94 Authorization to Sign Vouchers and Checks 14
91-95 Authorization to Approve Travel Requests 15
91-96 Contracts for Architectural Services for Gibbs Hall and
Roof Repair of Dorm 18 15
91-97 Contracts for Architectural Services for Miscellaneous Projects 15
91-98 Lapsed Property Deposits 15
91-99 Purchase of Natural Gas 15
91-100 Room and Board Rates 15
91-101 Authorization to Purchase Computing and
Communications Equipment 15
91-102 Preliminary Plans for Renovation of the University
Swimming Pool 16
91-103 Shelton Gym Floor Repair 16
91-104 Improvement of Drainage and Water Systems 16
91-105 Approval of Bids for Communication Network 16
91-106 Addendum to Hall 18 Re-roofing Project 16
91-107 Renovation of President's Residence 16
91-108 Board Policy Governing University Relationship
with Private Support Organizations 16
Page
Appendices
Parking and Traffic Regulations 17
Bank Depository Contracts 28
Architectural Contracts for Renovation of Gibbs
Hall and Roof Repair of Dorm 18 44
Miscellaneous Projects Contract 79
Contract for Ferguson Building Re-Roofing 97
Policy Governing University Relationship with
Private Support Organizations 108
MINUTES OF THE MEETING
BOARD OF REGENTS
STEPHEN F. AUSTIN STATE UNIVERSITY
HELD AT HOUSTON, TEXAS
July 9, 1991
The meeting was called to order by Mr. Kelly Jones, Chairman of the Board of
Regents, at 9:10 a.m., Tuesday, July 9,1991.
REGENTS
PRESENT: Ms. Sissy Phillips Austin of Jacksonville
Ms. Dionne Bagsby of Fort Worth
Senator Roy M. Blake of Nacogdoches
Mr. Homer Bryce of Henderson
Mr. Larry J. Christopher of Crockett
Mr. Kelly Jones of Arlington
Ms. Retta Baker Kelley of Longview
Mr. James M. Windham, Jr. of Houston
Mrs. Peggy Wedgeworth Wright of Nacogdoches
STAFF
PRESENT: Dr. Donald E. Bowen, President
Mr. Scott Chafin, General Counsel
Mr. Don L. Henry, Vice President for Administrative and
Fiscal Affairs
Dr. Baker Pattillo, Vice President for University Affairs
Dr. James V. Reese, Vice President for Academic Affairs
Ms. Lucy Stringer, Assistant to the President and Editor of
University Publications
VISITORS
PRESENT: Ms. Marilyn Abegg, University Advancement
Dr. Kent Adair, Dean, School of Forestry
Ms. Sadie Allison, Director, Intercollegiate Athletics for Women
Dr. Tom Atchison, Dean, School of Sciences and Mathematics
Mr. Ned Fowler, Men's Basketball Coach
Ms. Robbie Goodrich, The Daily Sentinel
Mr. Lynn F. Graves, Head Football Coach
Mr. Kent Hutchison, President, Student Government
Association
Ms. Kelly Jones, Arlington, Texas
Mr. Ken Kennamer, Director, University News Service
VISITORS (Continued)
PRESENT: Dr. Langston Kerr, Dean, School of Education
Mr. Steve McCarty, Director of Intercollegiate Athletics for Men
Mr. Frank Smith, Chairman, Faculty Senate
Dr. Judd W. Staples, Director, Admissions
Mr. Steve Westbrook, Director, Student Activities
MINUTES OF THE MEETING
BOARD OF REGENTS
STEPHEN F. AUSTIN STATE UNIVERSITY
July 9, 1991
91-78
Upon motion of Regent Bryce, seconded by Regent Christopher, with all members
voting aye, it was ordered that the minutes of the meeting of April 23, 1991, be
approved with the following correction to page one to read as follows:
The meeting was called to order by Mrs. Peggy Wright, Chairman of
the Board, at 9:30 a.m., Tuesday, April 23, 1991, and following the
Call to Order, the chair was relinquished to the new Chairman, L.
Kelly Jones.
91-79
Upon motion of Regent Blake, seconded by Regent Austin, with all members voting
aye, it was ordered that an amendment to the sixth paragraph of Section 4, Election
of Chairman and Authorization of Duties, on page 2 of the Rules and Regulations
be approved as follows:
He/she, with the assistance of the President, will be responsible for the
agendas of the meetings of the Board. He/she shall have the authority
to call special meetings of the Board, as herein provided. He/she shall
be an ex officio member of all committees of the Board. He/she shall
deliver to each new Board member immediately upon such person's
appointment by the Governor a copy of the Regents' Rules and
Regulations and a copy of the organization of principal administrative
offices of the University.
91-80
Upon motion of Regent Wright, seconded by Regent Windham, with all
members voting aye, it was ordered that the following appointments for 1990-
91 be approved.
1. Academic Assistance and Resource Center
Mr. James Harvey Rogers, Math Lab Program Director, M.Ed. (Prairie View
A&M University), at a salary of $15,750 for 75% time for ten and one-half
months.
2. Communication
Dr. Jennie Clare Casey, Lecturer, at a salary of $2,666 for 100% time for
Summer II, 1991.
Mr. Morgan Clark Eldred, Lecturer, at a salary of $2,332 for 100% time for
Summer II, 1991.
Ms. Wanda C. Mouton, Lecturer, at a salary of $1,333 for 50% time for
Summer I, 1991.
3. Computer Science
Dr. Regan Lee Rayburn, Lecturer, at a salary of $2,667 for 50% time for
Summer I and Summer II, 1991.
4. Early Childhood Laboratory
Ms. Elizabeth Michele Clifton, Pre-K II Lead Teacher, B.S. (Stephen F. Austin
State University), at a salary of $17,000 for 100% time for twelve months,
effective June 1, 1991.
5. Elementary Education
Ms. Brenda Von Bowman, Part-time Instructor, at a salary of $3,000 for 25%
time for Summer I and Summer II, 1991.
Ms. Wynter Chauvin, Part-time Instructor, at a salary of $3,500 for 100% time
for Summer I, 1991.
Dr. Melinda F. Cowart, Part-time Instructor, Ed.D. (East Texas State
University), at a salary of $2,000 for 25% time for the Spring semester, 1991,
and $4,000 for 25% time for Summer I and Summer II, 1991.
Ms. Cynthia L. Heckler, Part-time Instructor, at a salary of $3,500 for 100% time
for Summer I, 1991.
Ms. Mildred Faye Heil, Part-time Instructor, at a salary of $3,500 for 100% time
for Summer I, 1991.
Ms. Beatrice L. Massoth, Lecturer, at a salary of $7,000 for 100% time for
Summer I and Summer II, 1991.
Dr. Marian Perry, Assistant Professor, Ed.D. (University of Houston), at a
salary of $4,333 for 100% time for Summer II, 1991.
Ms. Deanna C. Petty, Part-time Instructor, at a salary of $1,750 for 50% time for
Summer I, 1991.
Ms. Peggy Price, Lecturer, at a salary of $3,500 for 100% time for Summer II,
1991.
Ms. Claudia G. Whitley, Part-time Instructor, at a salary of $3,500 for 100%
time for Summer I, 1991.
6. " English and Philosophy
Mr. Cydney Adams, Part-time Instructor, at a salary of $2,334 for 50% time for
Summer I and Summer II, 1991.
Ms. Barbara Burkett, Part-time Instructor, at a salary of $1,167 for 50% time for
Summer II, 1991.
Ms. Debbie Bush, Lecturer, at a salary of $2,333 for 100% time for Summer I,
1991.
Ms. Vickey Daley, Lecturer, at a salary of $2,333 for 100% time for Summer I,
1991.
Ms. Mary Devine, Lecturer, at a salary of $2,334 for 100% time for Summer II,
1991.
Mr. George M. Dodson, Part-time Instructor, at a salary of $1,167 for 50% time
for Summer II, 1991.
Ms. Patricia D. Fortney, Part-time Instructor, at a salary of $1,167 for 50% time
for Summer II, 1991.
Ms. Sarah Jackson, Part-time Instructor, at a salary of $1,167 for 50% time for
Summer II, 1991.
Ms. Mary E. Pierce, Part-time Instructor, at a salary of $1,167 for 50% time for
Summer II, 1991.
Ms. Lynda K. Russell, Part-time Instructor, at a salary of $2,333 for 100% time
for Summer I, 1991.
Ms. Debbie Vint-Miller, Part-time Instructor, at a salary of $1,167 for 50% time
for Summer I, 1991.
Ms. Leann West, Part-time Lecturer, at a salary of $1,167 for 50% time for
Summer I, 1991.
7. Forestry
Dr. M. Victor Bilan, Professor, at a salary of $18,882 for 100% time for
Summer I and Summer II, 1991.
Dr. Mingteh Chang, Professor, at a salary of $5,526 for 100% time for
Summer I, 1991.
Dr. David L. Kulhavy, Professor, at a salary of $5,895 for 100% time for
Summer II, 1991.
Dr. Michael Legg, Professor, at a salary of $6,093 for 100% time for Summer II,
1991.
Dr. J. David Lenhart, Professor, at a salary of $7,247 for 100% time for
Summer I, 1991.
Dr. Gerald L. Lowry, Professor, at a salary of $6,577 for 100% time for Summer
1,1991.
Dr. W. Thomas McGrath, Associate Professor, at a salary of $11,290 for 100%
time for Summer I and Summer II, 1991.
Dr. Hershel C. Reeves, Professor, at a salary of $3,255 for 50% time for
Summer II, 1991.
Dr. Kenneth G. Watterson, Professor and Assistant Dean, at a salary of $7,307
for 100% time for Summer II, 1991.
Dr. Montague Whiting, Associate Professor, at a salary of $11,254 for 100%
time for Summer I and Summer II, 1991.
8. Home Economics
Ms. Ethelind S. Gibson, Instructor, at a salary of $2,000 for 50% time for
Summer II, 1991.
9. Institutional Research
Dr. James C. Hardy, Director, Ph.D. (University of North Texas), at a salary of
$40,000 for 100% time for twelve months, effective May 20, 1991.
10. Management and Marketing
Mr. William Thomas Jackson, Assistant Professor, at a salary of $7,500 for
100% time for Summer II, 1991.
11. Mathematics and Statistics
Mr. Joseph W. Gaut, Part-time Lecturer, at a salary of $1,234 for 50% time for
Summer I, 1991.
Ms. Ellen T. Wood, Part-time Lecturer, at a salary of $1,707 for 50% time for
Summer I, 1991.
12. Music
Mr. Kevin Lee Sedatole, Instructor, M.M. (University of Texas at Austin), at a
salary of $3,222 for 100% time for one month, effective August 1, 1991.
13. Political Science and Geography
Mr. Joseph E. Fults, Lecturer, at a salary of $2,500 for 100% time for Summer I,
1991.
14. Psychology
Dr. Bruce E. Bailey, Professor, at a salary of $1,800 for 27% time for Summer II,
1991.
Dr. Verna L. Barron, Associate Professor, at a salary of $950 for 18% time for
Summer II, 1991.
15. Secondary Education
Dr. Bobby Browning, Part-time Instructor, at a salary of $4,000 for 100% time
for Summer I, 1991.
Dr. Janiece Buck, Part-time Instructor, at a salary of $2,000 for 50% time for
Summer II, 1991.
Dr. Charlene Crocker, Part-time Instructor, at a salary of $4,000 for 100% time
for Summer II, 1991.
Ms. Carol L. Harrison, Part-time Instructor, at a salary of $2,000 for 50% time
for Summer II, 1991.
Dr. Guy T. Harrison, Part-time Instructor, at a salary of $2,000 for 50% time for
Summer I, 1991.
Dr. Morgan Moses, Professor Emeritus, at a salary of $810 to substitute for ill
faculty for two days, effective June 14 and 15, 1991.
16. Stone Fort
Dr. James Corbin, Professor of Sociology and Director of Stone Fort, at a salary
of $5,096 for 100% time for Summer II, 1991.
17. Theatre
Ms. Gem E. Holt-Roberson, Part-time Instructor, at a salary of $1,500 for 25%
time for Summer I, 1991.
Ms. Rhonda M. Williams, Part-time Instructor, at a salary of $2,500 for 25%
time for Summer I and 50% time for Summer II, 1991.
18. Applied Studies
Faculty members with on-campus assignments are routinely assigned, as
needed, to teach field-based, off-campus courses. Faculty are compensated for
teaching courses away from the campus through a formula approved by the
Board of Regents which includes a payment for the travel time necessary for
delivering the course, as well as a stipend for teaching the course. Courses
taught in correctional institutions also carry a small additional stipend.
Occasionally, individuals teaching part-time on campus will receive a
proportional part of their regular salary plus the extra compensation for
delivering off-campus courses. The following faculty are teaching for the
indicated summer terms, 1991, at the location, and for the salary indicated.
Dr. James Bowman
Dr. Bobby D. Browning
Dr. Ralph Eddins
Dr. Mary Ella Lowe
Dr. Bennat C. Mullen
Dr. Milton Payne
Mr. Jesse Richardson
Dr. Jose Rodriguez
19. Personnel Services
Ms. Cassandra F. Berry, Assistant Director of Personnel for Affirmative
Action, at a salary of $22,000 for 100% time effective June 3, 1991.
20. University Affairs
Mr. Gerald Murray, Facilities Manager, at a salary of $21,000 for twelve
months, effective April 15, 1991.
91-81
Upon motion of Regent Christopher, seconded by Regent Austin, with all members
voting aye, it was ordered that the following changes of status for 1990-91 be
approved.
1. Applied Arts and Sciences
Mr. George C. Allen, from Assistant Director of Continuing Education at a
salary of $38,000 for 100% time for twelve months, to Assistant Director of
Youth Opportunities Unlimited (Y.O.U.) at a salary of $11,000 for 100% time
for two and one-half months only,, effective June 1, 1991.
2. Biology
Dr. Homer T. Russell, Professor, from a salary of $3,623 for 50% time for
Summer I, to a salary of $7,246 for 100% time for Summer I, 1991.
3. Communication
Dr. Robert T. Ramsey, from Associate Professor at a salary of $6,810 for 100%
time for Summer I, to Associate Professor and Interim Chairman of the
Department, at a salary of $7,160 for 100% time for Summer I, 1991.
4. Computer Science
Dr. George W. Dailey, Associate Professor, from a salary of $7,777 for 100%
time for Summer I, 1991, to no teaching assignment.
Dr. Orlynn Evans, Assistant Professor, from a salary of $12,347 for 100% time
for Summer I and Summer II, to a salary of $6,173 for 100% time for Summer
II, 1991 only.
Mr. Richard L. Robertson, Instructor, from a salary of $2,586 for 50% time for
Summer I, 1991, to no teaching assignment.
5. Early Childhood Laboratory
Ms. Susan Kay Minick-Seward, Kindergarten Teacher, an additional $400 to
teach an overload for one month, effective June 1, 1991.
6. Forestry
Dr. Michael Fountain, Associate Professor, from a salary of $6,508 for 50%
time for Summer I and 67% time for Summer II, to a salary of $11,125 for
100% time for Summer I and Summer II, 1991.
Dr. James Kroll, Professor, from a salary of $4,444 for 67% time, to a salary of
$6,633 for 100% time for Summer II, 1991.
Dr. Gary Kronrad, Assistant Professor, from a salary of $2,638 for 50% time, to
a salary of $5,275 for 100% time for Summer I, 1991.
Dr. Malcolm MacPeak, Assistant Professor, from a salary of $4,936 for 50%
time for Summer I and Summer II, to a salary of $9,871 for 100% time for
Summer I and Summer II, 1991.
Mr. William David Tracey, Instructor, from a salary of $3,360 for 50% time for
Summer I and Summer II, to a salary of $6,725 for 100% time for Summer I
and Summer II, 1991.
7. Geology
Dr. Jerry Vincent, from Professor and Director of Research Services at a salary
of $48, 948 for 100% for eleven months, to Professor at a salary of $44,054 for
100% for nine months, effective June 1, 1991.
8. Home Economics
Ms. Bettye Lynn Brandon, Instructor, from a salary of $3,813 for 100% time for
Summer I, 1991, to no teaching assignment.
Dr. Patsy J. Hallman, Professor, from a salary of $667 for 17% time to a salary
of $2,480 for 67% time for Summer II, 1991.
9. Political Science and Geography
Dr. Gayle Berardi, Assistant Professor, from a salary of $4,317 for 100% time
for Summer I, 1991, to no teaching assignment.
91-82
Upon motion of Regent Blake, seconded by Regent Wright, with all members
voting aye, it was ordered that the following faculty and staff appointments for
1991-92 be approved.
1. Administrative Services
Dr. Christine Monica Irvine, Assistant Professor, Ed.D. (Oklahoma State
University), at a salary of $38,000 for 100% time for nine months, effective fall
semester, 1991.
2. Agriculture
Dr. Leland Charles Thompson, Assistant Professor, Ph.D. (University of
Tennessee), at a salary of $32,000 for 100% time for nine months, effective fall
semester, 1991.
3. Communication
Mr. Steve J. Smethers, Assistant Professor, MA. (Kansas State University), at
a salary of $28,000 (or $29,500 if Ph.D. completed by September 1,1991) for
100% time for nine months, effective fall semester, 1991.
Mr. Timothy N. Walters, Assistant Professor, M.A. (Indiana University), at a
salary of $28,000 for 100% time for nine months, effective fall semester, 1991.
4. Elementary Education
Dr. Marian Perry, Assistant Professor, Ed.D. (University of Houston), at a
salary of $26,000 for 100% time for nine months, effective fall semester, 1991.
5. English and Philosophy
Ms. Mary Devine, Lecturer Intern, M.A. (Stephen F. Austin State University),
at a salary of $14,000 for 100% time for nine months, effective fall semester,
1991.
Mr. Richard A. Garrett, Lecturer Intern, M.A. (Stephen F. Austin State
University), at a salary of $14,000 for 100% time for nine months, effective fall
semester, 1991.
Ms. Diane Newsom House, Lecturer Intern, M.A. (Stephen F. Austin State
University), at a salary of $14,000 for 100% time for nine months, effective fall
semester, 1991.
Ms. Teresa Lyn Kleibrink, Lecturer Intern, M.A. (Stephen F. Austin State
University), at a salary of $14,000 for 100% time for nine months, effective fall
semester, 1991.
6. Home Economics
Ms. Toni Scott Myers, Instructor, M.S. (Stephen F. Austin State University), at
a salary of $20,000 for 100% time for nine months, effective fall semester, 1991.
7. Kinesiology and Health Science
Mr. William David Campbell, Part-time Instructor, at a salary of $4,000 for
25% time for nine months, effective fall semester, 1991.
Ms. Barbara J. Cordell, Lecturer, at a salary of $2,000 for 25% time for the fall
semester, 1991.
10
Mr. Wayne Jacobs, Lecturer, at a salary of $20,000 for 100% time for nine
months, effective fall semester, 1991.
Mr. E. K. Sowell, Part-time Instructor, at a salary of $2,600 for 50% time for the
fall semester, 1991.
8. Modern Languages
Ms. Herlinda Regina James, Visiting Instructor, M.A. (University of Texas at
El Paso), at a salary of $24,000 for 100% time for nine months, effective fall
semester, 1991.
9. Music
Ms. Deborah Dalton, Instructor, M.M. (The Cleveland Institute of Music), at a
salary of $23,000 for 100% time for nine months, effective fall semester, 1991.
Mr. Kevin Lee Sedatole, Instructor, M.M. (University of Texas at Austin), at a
salary of $29,000 for 100% time for nine months, effective fall semester, 1991.
10. Nursing
Ms. Patty Jean Ellison, Instructor, M.S.N. (Texas Woman's University), at a
salary of $30,000 for 100% time for nine months, effective fall semester, 1991.
Ms. Kendra Beth Williams, Instructor, M.S.N. (University of Texas Health
Science Center in San Antonio), at a salary of $30,000 for 100% time for nine
months, effective fall semester, 1991.
11. Physics and Astronomy
Dr. Randy L. Schutt, Assistant Professor, Ph.D. (University of Wisconsin-
Madison), at a salary of $28,000 for 100% time for nine months, effective fall
semester, 1991.
12. Political Science and Geography
Dr. Li Liu, Assistant Professor, Ph.D. (Texas A&M University), at a salary of
$26,000 for 100% time for nine months, effective fall semester, 1991.
13. Secondary Education
Dr. Bennie Fred Setliff, Assistant Professor, Ed.D. (Texas Tech University), at a
salary of $33,000 for 100% time for nine months, effective fall semester, 1991.
11
91-83
Upon motion of Regent Windham, seconded by Regent Wright, with all members
voting aye, it was ordered that the following changes of status for 1991-92 be
approved.
1. Art
Ms. Jo Ellen Hart Carlson, from Lecturer at a salary of $11,000 for 100% time
for nine months, to instructor at a salary of $22,000 for 100% time for nine
months, effective fall semester, 1991.
2. Counseling and Special Educational Programs
Dr. Laura N. Peterson, Assistant Professor, from a salary of $30,000 for 100%
time, to a salary of $15,000 for 50% time for nine months, effective fall
semester, 1991.
3. Forestry
Dr. Kent Adair, from Professor and Dean of School of Forestry, at a salary of
$67,228 for twelve months, to Rockwell Professor and Dean of School of
Forestry, at a salary of $90,000 for twelve months, effective fall semester, 1991.
4. Home Economics
Ms. Linda Nichols, from Lecturer at a salary of $18,000 for 100% time, to
Assistant Program Director for Center for Economic Education at a salary of
$15,000 for 75% time for nine months, effective fall semester, 1991.
Ms. Sally Ann Swearingen, from part-time Lecturer at a salary of $7,600 for
50% time, to Instructor/Program Coordinator at a salary of $24,000 for nine
months, effective fall semester, 1991.
91-84
Upon motion of Regent Austin, seconded by Regent Christopher
, with all members voting aye, it was ordered that the following leave of absence be
granted.
1. Modern Languages
Dr. Ann Doyle-Anderson, Associate Professor, three-quarter time leave
during the fall semester, 1991, and full time leave during the spring semester,
1992.
12
91-85
Upon motion of Regent Austin, seconded by Regent Bagsby, with all members
voting aye, it was ordered that academic tenure be awarded to the following faculty.
Mr. Gary Frields, Art
Dr. Tom Segady, Sociology
91-86
Board of Regents Chairman, Kelly Jones, appointed Regent Wright, Regent Blake,
and Regent Christopher, with Regent Wright to serve as chairman, to a sub
committee to develop a written policy and procedure for the evaluation of the
President. Chairman Jones requested that the sub-committee report to the full
Board at the October meeting.
91-87
Upon motion of Regent Christopher, seconded by Regent Wright, with all members
voting aye, it was ordered that the Last Class Day Report for the spring semester,
1991, be approved as presented.
91-88
Upon motion of Regent Windham, seconded by Regent Austin, with all members
voting aye, it was ordered that the Underenrolled Class Report be approved for
Summer I, 1991, as presented below.
1. ART 440 - Metal & Jewelry II
Number Enrolled: 7
Justification: Required for graduation
2. THR 150 - Production Lab I
Number Enrolled: 1
Justification: Voluntarily offered by faculty in excess of teaching
load
3. THR 350 - Production Lab II
Number Enrolled: 2
Justification: Voluntarily offered by faculty in excess of teaching
load
4. ENG 099 - Developmental English Lab
Number Enrolled: 9
Justification: Required course to keep proper sequence
5. BIO 522 - Plant Geography
Number Enrolled: 4
Justification: Required for graduation
13
6. GOL 132L - General Geology II Lab
Number Enrolled: 9
Justification: Required course to keep proper sequence
7. GOL 364 - Field Geology
Number Enrolled: 7
x^l \ Justification: Required for graduation
( 91-89 y1
VJLJporTmotion of Regent Christopher, seconded by Regent Austin, with all members
voting aye, it was ordered that the motion to implement a $5.00 registration fee for
the computerized telephone registration and the cancellation of a $5.00 drop fee be
tabled.
91-90
Upon motion of Regent Austin, seconded by Regent Wright, with all members
voting aye, it was ordered that the following policy for provisional admission status
for graduate students be approved and included in the Graduate Bulletin.
For all students seeking a graduate degree, applicants unable to supply
all the required documentation prior to the first semester of
enrollment, but who, based on previous academic performance, appear
to meet the admission requirements, may be considered for
"provisional admission." This status requires the recommendation of
the appropriate department and approval of the Dean of the Graduate
School, but is valid for one regular semester or two summer sessions
only.
Complete and satisfactory credentials must be received by the Graduate
School prior to the beginning of the following semester of work. If this
does not occur, the person will not be permitted to continue as a degree
seeking student. A maximum of 12 hours of graduate level work taken
under provisional status may be applied toward a degree.
International students, residing outside of the United States at the time
of application, may not be admitted on a provisional basis. Those
seeking the MBA or DF degrees are not eligible for provisional
admission status.
A student granted provisional admission may be considered for an
assistantship or other form of financial support for one regular
semester or two summer sessions only under this status.
14
91-91
Upon motion of Regent Bryce, seconded by Regent Blake, with all members voting
aye, it was ordered that the five-year BBA/MPA degree program in Accounting be
approved.
91-92
Upon motion of Regent Wright, seconded by Regent Windham, with all members
voting aye, it was ordered that the "Parking and Traffic Regulations and
Information" be approved as presented on page 17.
91-93
Upon motion of Regent Christopher, seconded by Regent Kelley, with Regent Blake
abstaining, it was ordered that the depository agreements for FY 1992, covering the
period September 1, 1991, through August 31, 1992, from Commercial National
Bank, Fredonia State Bank and Stone Fort National Bank be accepted as presented
on page 28 and that the Chairman of the Board be authorized to sign the contracts
91-94
Upon motion of Regent Kelley, seconded by Regent Austin, with all members
voting aye, it was ordered that the following persons be authorized to sign vouchers
and checks (two signatures required on all vouchers and checks in excess of $10,000)
for the fiscal year ending August 31, 1991, and for the biennium September 1, 1991,
through August 31, 1993.
Dr. Donald E. Bowen, President
Mr. Don L. Henry, Vice President for Administrative and Fiscal Affairs
Mr. David D. Stanley, Comptroller
Mr. Danny R. Gallant, Business Manager
Ms. Janice L. Richardson, Assistant Business Manager
Mr. Robert Lawson, Grants and Reports Accountant
It is further ordered that the following persons be authorized to sign vouchers (two
signatures required on all vouchers in excess of $10,000) for the purchase of library
books and other holdings for the fiscal year ending August 31, 1991, and for the
biennium September 1, 1991, through August 31, 1993.
Mr. Al Cage, Director of Libraries
Ms. Ann Chandler, Associate Library Director for Public Service
Ms. Peggy Gibson, Accounting Assistant
Ms. Margaret Kertess, Assistant to the Director of Libraries
Ms. Peggy Wedgeworth, Associate Library Director for Technical and
Automated Services
Ms. Bernice Wright, Librarian III
15
91-95
Upon motion of Regent Windham, seconded by Regent Bryce, with all members
voting aye, it was ordered that the following persons be authorized to approve travel
requests for the biennium September 1, 1991, through August 31, 1993.
Dr. Donald E. Bowen, President
Dr. James V. Reese, Vice President for Academic Affairs
Mr. Don L. Henry, Vice President for Administrative and Fiscal Affairs
Dr. Baker Pattillo, Vice President for University Affairs
91-96
Upon motion of Regent Bryce, seconded by Regent Austin, with all members voting
aye, it was ordered that the firm of Marsellos and Scott be employed to provide
architectural services for the renovation of Gibbs Hall and the roof repair of Dorm
18, and that the Chairman of the Board be authorized to sign the contracts as
presented on page 44.
91-97
Upon motion of Regent Wright, seconded by Regent Austin, with all members
voting aye, it was ordered that the firm of Marsellos and Scott be employed to
provide architectural services for miscellaneous projects totalling $50,000 and under,
and that the Chairman of the Board be authorized to sign the contract. (See page 79.)
91-98
Upon motion of Regent Bryce, seconded by Regent Christopher, with all members
voting aye, it was ordered that the Board of Regents authorize the administration to
transfer $30,000 from Lapsed Property Deposits account number 7390 to the
University Scholars Program account number 7950.
91-99
Upon motion of Regent Bryce, seconded by Regent Kelley, with all members voting
aye, it was ordered that the Board of Regents authorize the President to execute a
renewal interagency contract for the purchase of natural gas from the School Land
Board/General Land Office for the fiscal years 1992 and 1993.
91-100
Upon motion of Regent Windham, seconded by Regent Austin, with all members
voting aye, it was ordered that there be a 10% increase in room and board rates for
FY 1991-92.
91-101
Upon motion of Regent Wright, seconded by Regent Christopher, with all members
voting aye, it was ordered that the administration be authorized to accept bids
through the State Purchasing and General Services Commission for a central
processing upgrade and additional storage units for the DECVAX mainframe
16
computer and for the necessary cable and equipment to expand the campus high
speed data network at a cost not to exceed $436,000.
91-102
Regent Jones, Chairman of the Board, recommended that the approval of the
preliminary plans for the renovation of the outdoor swimming pool be tabled
pending the presentation of a report on the use of the pool facilities at the October,
1991, Board meeting.
91-103
Upon motion of Regent Wright, seconded by Regent Christopher, with all members
voting aye, it was ordered that the architectural firm of Marsellos and Scott be
authorized to prepare bid document for the installation of a new hardwood floor in
Shelton Gym.
91-104
Upon motion of Regent Windham, seconded by Regent Blake, with all members
voting aye, it was ordered that the administration be authorized to secure the
services of Schaumburg and Polk, Inc., consulting engineers, to prepare preliminary
plans for drainage and water systems in the Ferguson Building area and to present
these plans for Board review.
91-105
Upon motion of Regent Wright, seconded by Regent Blake, with all members
voting aye, it was ordered that the low bids for the installation of data and voice
communications cable to the University Center, Residence Hall 15 and 18, relocation
of existing equipment in the Boynton Building to the Centrex area in Power Plant I,
and to install communications cable to the Winn-Dixie Building be accepted and
that the President be authorized to sign the purchase orders.
91-106
Upon motion of Regent Kelley, seconded by Regent Bryce, with all members voting
aye, it was ordered that the alternate to re-roof the Ferguson Building be accepted
and that the President be authorized to sign the contract, as presented on page 97,
with Bonner Roofing Company, Inc. of Lufkin, Texas, for $104,720.
91-107
The status of the President's residence was reviewed by the Board and it was decided
that no action be taken until receipt of budget information for the coming
biennium.
91-108
Upon motion of Regent Wright, seconded by Regent Bagsby, with all members
voting aye, it was ordered that the Board adopt the policy as presented on page 108 to
both give effect to Article 6252-1 If, Texas Revised Civil Statutes, and to prescribe
university policy for governing the university's relationship with private support
organizations.
17
Parking and Traffic Regulations
General Information
1. These regulations are approved by the Board of Regents of Stephen F. Austin State
University.
2. The University Police Department has the responsibility and the legal authority for
the enforcement of the traffic and parking regulations listed in this booklet.
3. The University considers the use of a vehicle on campus a convenience and is not
obligated to furnish unlimited parking space to accommodate all vehicles. The
University will, however, attempt to provide a reasonable number of parking spaces
in keeping with available resources.
4. Every person operating a motor vehicle on University property is held responsible
for obeying all University traffic and parking regulations as well as all city and state
parking and traffic regulations.
5. The term "University property" is interpreted to include all properties under the
control and jurisdiction of the Board of Regents of Stephen F. Austin State
University.
6. The term "visitor11 is interpreted to mean an individual with no official connections
with Stephen F. Austin State University as either a student, faculty, or staff member,
or employee of private contractors assigned to Stephen F. Austin State University.
7. Visitor parking is set aside for special interest areas of the University. These spaces
mav not be utilized bv University personnel, students, or employees of private
contractors assigned to Stephen F. Austin State University. These spaces are
reserved for bonafide visitors to the University. Visitors should obtain a visitor
parking permit from the University Police Department or Information Booth on
Vista Drive.
8. Handicapped parking is provided in many parking lots on campus. These spaces are
reserved 24 hours a day, seven (7) days a week for the holders of handicapped
parking permits.
9. The University Police Department offers escort service upon request between dusk
and dawn to individuals requiring transportation to and from residence halls,
academic buildings, and/or vehicles. To receive an escort, request in person at the
University Police Department, or by telephone at 568-2608. The University Police
Department also provides escort 24 hours a day to local hospitals for emergencies.
For further information on the escort service, call the University Police Department
at 568-2608.
10. If a vehicle becomes temporarily disabled and cannot be parked in its assigned area,
it must be reported to the University Police Department. The fact that the vehicle is
temporarily disabled will be recorded and an officer will either render assistance or
authorize temporary parking. Temporary parking will only be authorized for 24
hours or less. If parking for a longer period is necessary it must be renewed at 24
hour intervals. Temporary parking will not be authorized in areas that are not
parking spaces (tow away or no parking zones, etc.) or in Handicap Parking.
18
11. A permit may not be displayed on a disabled vehicle. For these purposes, a disabled
vehicle is a vehicle that has been disabled for more than three weeks.
12. Services such as jump starts and unlocking vehicles are offered by the University
Police Department as time permits. The University Police Department does not
change flats, push cars or perform any major automotive service.
Vehicle Registration
1. All faculty, staff, students (full or part-time), or employees of private contractors
assigned to Stephen F. Austin State University, who operate a vehicle on University
property, regularly or occasionally, are REQUIRED to obtain a parking permit.
Vehicles may be registered at the University Police Department between 7:30 a.m.
and 5:00 p.m. Monday through Friday.
2. The registration of all vehicles parked on campus is required, but registration in
itself is no guarantee of a parking space near the place where one works, resides or
attends classes. The responsibility of finding a LEGAL parking space rests with the
vehicle operator and lack of space is not a valid excuse for violations of any parking
regulations.
3. A permit must be obtained for each academic year or portion thereof.
4. Permits for the current academic year may be obtained at any time during the
academic year. Persons may obtain permits for the next academic year beginning
July 1 for faculty, staff, and employees of private contractors assigned to campus and
August 1 for students.
5. A permit must be displayed on the vehicle no later than the first University business
day that the vehicle is brought on campus.
6. The permit must be displayed as designated by the University Police Department.
Only the permit for the current academic year should be displayed.
7. Vehicles owned by students may not normally be registered in the name of a faculty
or staff member.
8. Faculty, staff, or employees of private contractors assigned to Stephen F. Austin
State University changing permit status or students changing permit status or
vehicles must obtain a new permit no later than the first University business day
after the change takes place. If an identifying portion of the original permit is
presented at the time of replacement, replacement permits will be issued for $1.00
each. Otherwise the regular fee will be charged. A vehicle should not be sold with
the parking permit still displayed.
9. Should a parking permit become mutilated or obliterated in any way, a new permit
must be obtained from the University Police Department. When the remnants of
the old permit are presented, a replacement will be issued for $1.00.
10. The permit holder is held responsible for all violations. A citation is not excused on
the plea that another person was driving the vehicle.
19
11. Fees for vehicle registration:
a. Faculty, Staff, or Private Contractor
(1) Full Year First Vehicle $25.00
Second Vehicle 15.00
(2) After Jan. 1 First Vehicle 15.00
Second Vehicle 10.00
(3) Summer 3.00
b. Campus Resident Parking and Trailers
(1) Full Year First Vehicle $15.00
Second Vehicle 10.00
(2) After Jan. 1 First Vehicle 10.00
Second Vehicle 5.00
(3) Summer 3.00
c. Commuters (Off Campus Residents) and Motorcycles
Full Year $ 5.00
After Jan. 1 5.00
Summer 3.00
Required Display of Permit
Registration is not complete until a current registration permit is properly displayed as
follows:
1. Proper Display
To be properly displayed, the permit must be permanently affixed in the position
listed below for vehicle type. Taping or clipping the permit is not considered as
permanent placement (except faculty/staff permit, visitor permit, and temporary
permit).
a. Student and vendor permits must be displayed on front windshield above
inspection sticker.
b. Motorcycle and trailer permits must be displayed where they can be seen
without difficulty.
c. Faculty and staff, temporary, and visitor permits shall be displayed from the
rear view mirror in a manner to be visible from both the front and rear of the
vehicle. Faculty and staff permits may be displayed on any vehicle to be used
by the permit holder.
2. Permit Not Transferable
A permit is not transferable from the person to whom it is issued. A student permit
is not transferable from the vehicle for which it is issued. Faculty, staff, or private
contractor permits may be moved from one vehicle to another and can be displayed
on any vehicle used by the permit holder. Resale of parking permits is prohibited
and will be considered as a false or fictitious permit.
20
Types of Permits
1. Permanent Permits
a. Faculty, Staff, or Private Contractor
These permits are issued to employees (non-student) of the University, to
employees (non-student) of private contractors assigned to the campus, or as
authorized by the Chief of Police. These permits designate a particular lot
assignment. Holders of this type of permit may use available faculty and staff
spaces outside their assigned lots to conduct University business on a
temporary basis. These permits must be returned to the University Police
Department if employment on campus ceases.
b. Campus Resident Parking
These permits are issued to students who live in on-campus housing only.
Holders of these permits may park in any area designated as "Campus
Resident" parking or "All Permit" parking.
c. Commuters (Students not Living in University Housing)
These permits are issued to students not living in University housing or
faculty, staff or students who wish to park in areas designated as "Afl Permit"
parking areas. Holders of these permits may park in areas designated as "All
Permit" area parking.
d. Motorcycle
These permits are issued to faculty, staff, students, or employees of private
contractors assigned to Stephen F. Austin State University. Holders of these
permits may park in areas designated as motorcycle parking.
e. Trailer
These permits are issued to faculty, staff, students, or employees of private
contractors assigned to Stephen F. Austin State University who need to park
trailers on campus. Holders of these permits may park the trailer in any legal
parking space in which the permit holder's vehicle is assigned.
f. Vendor
These permits are issued to vendors to the University community upon
approval of the Chief of Police or his designated representative.
2. Handicapped Permits
a. Handicapped Permits are issued by the County Tax Assessor-Collector of any
Texas County.
b. Only vehicles displaying a Handicapped Permit may park in "Reserved for
Handicapped" parking spaces.
3. Temporary Permits
a. Substitute Vehicle
If a vehicle other than the vehicle registered with the University must be
parked on campus, a temporary permit must be obtained at the University
Police Department no later than the first University business day after the
21
vehicle is brought on campus. These permits are free of charge to holders of
regular parking permits.
b. Short Term Vehicle
Operators not having a vehicle registered with the University who need to
operate a vehicle on campus for a shortperiod of time may purchase a
temporary permit for $1.00 per week. This permit must be obtained at the
University Police Department no later than the first University business day
after the vehicle is brought on campus.
c. Loading and Unloading Permit
A temporary permit may be obtained at no charge for loading or unloading
heavy equipment, supplies, bulky class projects, etc., in an area other than the
area designated on one's regular permit. These permits may be obtained at
the University Police Department.
d. Temporarily Disabled Permit
A temporary permit may be obtained by a person who is temporarily
disabled to park in areas other than the area designated on his/her regular
permit. An application for this permit must be accompanied by a doctor's
statement. Parking assignments will be made in keeping with available
resources.
Parking Regulations
1. The University reserves the right to enforce parking and traffic regulations:
a. through the issuance of citations and the collection of fees for offenses.
b. through the impoundment of vehicles in place or removal by towing of
vehicles interfering with the movement of vehicular or pedestrian traffic or
involved in specified parking offenses.
c. by the suspension or revocation of permits for repeated offenses.
d. by barring re-admission of any student for non-payment of outstanding fees.
e. by withholding a student's official transcript and diploma.
f. by other such methods as are commonly employed by city or state police in
the control of traffic.
2. Parking areas are designated by metal signs. These signs indicate the type of permit
holder for which the area is reserved. Certain lots are reserved for permit holders
assigned to that lot only.
3. Parking areas are generally reserved for the type of permit holder indicated by signs
from 6:00 a.m. to 4:00 p.m., Monday through Friday, except as otherwise indicated.
4. Unpaid charges for parking offenses are recorded in the name of the person who
has registered the vehicle with the University Police Department or in the name of
the person in whose name the vehicle is registered with some official state motor
vehicle registration department or agency. NOTE: If a student has the same family
22
name and/or home address as the registered owner, then the unpaid charges on
non-permitted vehicles will be recorded in the student's name.
5. A physically disabled person with a temporary "Special" permit may park only in
those areas specified on the permit by the University Police Department.
6. Several parking spaces, regardless of the area in which they are located, are
reserved 24 hours a day, seven (7) days a week for service vehicles, residence hall
directors, or as loading zones.
7. Several parking spaces too small for conventional vehicles have been designated for
motorcycles by curb markings. Spaces so marked are for two-wheeled motor
vehicles only.
8. Certain parking spaces have been designated as "20 minute" parking spaces. These
spaces are so designated to provide short-term parking for business access to the
SFASU Post Office, University Center offices and other designated areas.
Oyerparking in these spaces is prohibited. Citations may be issued for each 21
minute segment of overparking.
9. All vehicles, except motorcycles, .must park head-in and within a defined space in
lots and streets having angle or head-in parking.
10. Vehicles are prohibited at all times from parking in reserved spaces without a
proper permit, no parking zones, tow-away zones, fire lanes, crosswalks, loading
zones or service driveways, on lawns, curbs or sidewalks, barricaded areas or in any
manner which obstructs the flow of vehicular or pedestrian traffic.
11. Students, faculty, staff and employees of private contractors assigned to Stephen F.
Austin State University are expected to be familiar with and abide by these
regulations at all times. The fact that a certain citation is not issued when a vehicle
is illegally parked does not mean or imply that the regulation or law is no longer in
effect.
12. The responsibility for obtaining knowledge of all laws and regulations in force rests
with the motor vehicle operator.
Violations and Enforcement of Parking Regulations
1. General Violations
a. Parking a vehicle displaying a valid permit, but in violation of lot or area
assignment.
Fee: $10.00 plus impounding fee if vehicle is impounded in place.
Above parking control will apply from 6:00 a.m. to 4:00 p.m.. Monday through Friday.
b. Parking backward in a parking space.
Fee: $10.00
c. Failing to properly display a valid parking permit.
Fee: $10.00 plus impounding fee if vehicle is impounded in place
and purchasing appropriate permit for vehicle if registered to
an owner or operator who is a faculty, staff, student, or
employee of a private contractor assigned to campus.
23
d. Failing to park properly within the lines of a parking space.
Fee: $10,00
Above parking controls will apply 24 hours a day, seven (1) davs a week.
e. Parking in a space designated "20 minute parking" for more than 20 minutes.
Fee: $10.00 plus impounding fee if vehicle is impounded in place.
Above parking control will apply from 6:00 a.m. to 4:00 p.m. Monday through Friday.
2. Flagrant Violations
a. Parking in a reserved space without displaying a proper permit.
Fee: $15.00 plus impounding fee if vehicle is impounded in place or
tow fee if vehicle is removed by tow away.
b. Parking a vehicle in a no parking zone.
Fee: $15.00 plus impounding fee if vehicle is impounded in place or
tow fee if vehicle is removed by tow away.
c. Parking in any manner which obstructs vehicular traffic.
Fee: $15.00 plus impounding fee if vehicle is impounded in place or
tow fee if vehicle is removed by tow away.
d. Parking in any manner which obstructs a crosswalk.
Fee: $15.00 plus impounding fee if vehicle is impounded in place or
tow fee if vehicle is removed by tow away.
e. Parking in a fire lane.
Fee: $15.00 plus impounding fee if vehicle is impounded in place or
tow fee if vehicle is removed by tow away.
f. Parking in a tow away zone.
Fee: $15.00 plus impounding fee if vehicle is impounded in place or
tow fee if vehicle is removed by tow away.
g. Parking in a loading zone or service driveway.
Fee: $15.00 plus impounding fee if vehicle is impounded in place or
tow fee if vehicle is removed by tow away.
h. Parking on any lawn, curb, sidewalk or other area not set aside for parking.
Fee: $15.00 plus impounding fee is vehicle is impounded in place or
tow fee if vehicle is removed by tow away.
i. Parking on campus while parking privileges are suspended.
Fee: $15.00 plus impounding fee if vehicle is impounded in place or
tow fee if vehicle is removed by tow away.
j. Moving any barricade or parking within any barricaded area.
Fee: $15.00 plus impounding fee if vehicle is impounded in place or
tow fee if vehicle is removed by tow away.
k. Using a forged, altered, false or fictitious permit.
Fee: $15.00 plus impounding fee if vehicle is impounded in place or
tow fee if vehicle is removed by tow away.
24
1. Falsifying or altering vehicle registration information.
Fee: $15.00 plus impounding fee if vehicle is impounded in place or
tow fee if vehicle is removed by tow away.
m. Parking in a "Reserved for Handicapped" parking space without displaying a
proper permit.
Fee: $15.00 plus impounding fee if vehicle is impounded in place or
tow fee if vehicle is removed by tow away.
n. Parking in violation of the directions of a Traffic Control Officer.
Fee: $15.00 plus impounding fee if vehicle is impounded in place or
tow fee if vehicle is removed by tow away.
Above parking controls will apply 24 hours a day, seven (1) days a week.
3. Citations for Parking Violations
a. Citations will be issued to vehicles for violation of parking regulations.
b. Fees for parking violations may be paid in person at the University Police
Department between 7:30 a.m. and 5:00 p.m. Monday through Friday or
mailed to:
University Police Department
P. O. Box 13062 SFASU Station
Nacogdoches, Texas 75962-3062.
4. Impoundment in Place
a. A vehicle may be impounded in place if:
it is engaging in a violation; or
the owner or operator violates the terms of a conditional release.
b. A vehicle impounded in place shall be released if:
(1) the owner or operator pays for all outstanding citations on the vehicle
plus a fee of $15.00.
(2) the University Chief of Police authorizes the release of the vehicle.
5. Tow Away
a. A vehicle impounded in place may be towed away if:
(1) disposition of all citations for the vehicle is not made within three (3)
days of the impoundment;
(2) the owner or operator removes or attempts to remove the impounding
equipment attached to the vehicle.
b. A vehicle may be towed away if the owner or operator:
parks in any manner which obstructs vehicular traffic;
parks in any manner which obstructs a crosswalk;
parks in a loading zone or service drive way;
parks in a no parking zone;
25
5 parks in a fire lane;
6 parks in a tow away zone;
7 parks on campus while parking privileges are suspended;
8 moves any barricade or parks m any barricaded area;
9 parks in a reserved space without displaying a proper permit;
10) parks in a "Reserved for Handicapped" space without displaying a
proper permit;
violates the terms of a conditional release;
parks in violation of the directions of a Traffic Control Officer; or
is engaging in a violation and has been previously impounded during
the current academic year.
c. A vehicle that has been removed by tow away shall be released if:
(1) the owner or operator of the vehicle pays the fees for all outstanding
citations on the vehicle plus a commercial wrecker service fee of (to
be determined by competitive bid and posted at the University Police
Department) and storage charges of (to be determined by competitive
bid and posted at the University Police Department); or
(2) the University Chief of Police authorizes the release of the vehicle.
d. When the removal of a vehicle has been authorized and the owner or
operator of the vehicle appears at the vehicle after the wrecker has arrived
and the wrecker driver has made a hook-up or signed the tow order for
custody of the vehicle, the vehicle shall not be towed away if the owner or
operator:
(1) presents proof of the proper disposition of all outstanding citations on
the vehicle;
pays the wrecker driver a fee of $10 in lieu of towing; and
agrees to move the vehicle.
e. When the removal of a vehicle has been authorized and the owner or
operator appears at the vehicle before the arrival of the wrecker, the vehicle
shall not be towed away if the owner or operator:
(1) presents proof of the proper disposition of all outstanding citations on
the vehicle; and
(2) agrees to move the vehicle.
f. No vehicle may be towed away without the express approval of the University
Chief of Police or his designated representative.
g. Fees for tow away must be paid in person at the University Police
Department between 7:30 a.m. and 5:00 p.m. Monday through Friday or the
Police Dispatch Office after 5:00 p.m. and on Saturday and Sunday.
6. Suspension of Parking Privileges
a. Parking and Traffic Regulations and Information are rules adopted by the
Board of Regents under the authority of the Texas Education Code. All
vehicles operated on the properties of the University are required by law to
comply with University Parking and Traffic Regulations and Information.
26
Notices of parking violations may constitute a suspension of parking
privileges and any fee assessed is for reinstatement of parking privileges for
operators of vehicles registered with the University.
All violations involving registration of vehicles operated on the properties of
the University are violations of the law and University Parking and Traffic
Regulations and Information. Disposition of these citations at the University
is a privilege extended by the University which may be withdrawn at the
University's option.
Violation of University Parking and Traffic Regulations is a misdemeanor
punishable by a fine of up to $200.
Any parking violation may be filed in a Justice or Municipal court as a
violation of University Parking and Traffic Regulations.
b. Violation of suspension of parking privileges shall result in impoundment in
place or removal of the vehicle by tow away.
7. Appeal of Citation
If a person receives a citation and believes it is unwarranted, he/she may enter a
plea of not guilty at the University Police Department. All pleas must be entered at
the University Police Department within seven (7) class days of the date of the
citation. Appeal forms and other information may be obtained at the University
Police Department.
Student citations shall be appealed through the Student Traffic Appeals Board.
Faculty and staff citations shall be appealed through the Faculty/Staff Traffic
Appeals Board.
Bicycle Registration and Regulations
1. Registration
a. The University does not require the registration of bicycles, however owners
are encouraged to have bicycles marked for identification purposes at the
University Police Department.
(1) The University Police Department will record bicycle serial number
and description and issue a bicycle permit for a $1.00 charge; or
(2) The University Police Department will record bicycle serial number
and description and make available an engraving tool to mark bicycles
for identification. There is no charge for this service.
2. Regulations
a. Every person operating a bicycle on University property must give the right-of-
way to pedestrians at all times, keep to the right of the roadway and ooey
all traffic signals.
b. Bicycles may not be parked on sidewalks or in University buildings at any
time. Bicycles are to be parked in bicycle racks or chained to light poles or
27
other stationary structures. Bicycles may not be left on porches or walkways
and may not be chained to trees, shrubs, art objects, handrails or stairways.
c. Bicycles parked in violation may be impounded and removed to the
University Police Department and a $5.00 fee charged for its release.
Traffic Regulations
1. Speed Limits:
Trie speed limit within the campus area is 20 MPH unless otherwise posted, except
the speed limit for all parking lots is 10 MPH.
2. Moving Violations:
All vehicles driven on SFASU property are subject to all University traffic
regulations, State of Texas Motor Vehicle Codes and City of Nacogdoches, Motor
Vehicle Laws. Moving violations may be issued on a City of Nacogdoches Traffic
Citation or filed in the office of the Justice of the Peace, Precinct No. 1.
3. Right-of-Way:
Pedestrians have the right-of-way at all marked crosswalks. Motor vehicle operators
must yield the right-of-way to pedestrian traffic in marked crosswalks.
University Police
The Board of Regents of Stephen F. Austin State University is authorized to employ
campus police personnel. Such officers are commissioned as peace officers and are vested
with all powers, privileges and immunities of peace officers in the performance of their
duties.
All persons on University property are required to identify themselves to such officers
when requested. Failure to produce identification upon request of an officer may result in
arrest and appearance before a magistrate.
The University Police shall be vested with the authority to refuse to allow persons having
no legitimate business to enter upon any property under the control and jurisdiction of
Stephen F. Austin State University and to eject any unauthorized persons from said
property upon their refusal to leave peaceably upon request.
The University Police are authorized to enforce the Texas Motor Vehicle Code, the Texas
Penal Code, the applicable Ordinances of the City of Nacogdoches, the parking and traffic
regulations of the University and all other laws.
All accidents, thefts, and other offenses that occur on University property or anywhere
within the campus area should be reported to the University Police immediately. Accident
reports should De made prior to moving vehicles. One-vehicle accidents should also be
reported. Always keep your vehicle locked.
23
DEPOSITORY CONTRACT
OPERATING DEMAND DEPOSITS
STEPHEN F. AUSTIN STATE UNIVERSITY
STATE OF TEXAS
COUNTY OF NACOGDOCHES
THIS AGREEMENT is made and entered into this the 8th day of July, 1991, by
and between Commercial National Bank of Nacogdoches, Texas, a banking
corporation duly incorporated and authorized by law to do bank business in the state
of Texas, hereinafter called the DEPOSITORY, the Board of Regents, Stephen F.
Austin State University of Nacogdoches, Texas, hereinafter called the BOARD OF
REGENTS, and Bank One Texas NA of Dallas
Texas, a banking corporation duly incorporated and authorized by law to do bank
business in the state of Texas, hereafter called the TRUSTEE.
NOW, THEREFORE, in consideration of the mutual promises, performance
and covenants of each to the other, the parties contract and agree as follows:
I
The DEPOSITORY agrees to and with the BOARD OF REGENTS that it will
act as depository for funds that may be deposited with it by Stephen F. Austin State
University of Nacogdoches, Texas, at any time from September 1, 1991, through
August 31, 1992, or until its successor is qualified.
II
All funds on deposit with DEPOSITORY to the credit of Stephen F. Austin
State University, with the exception of those funds covered by Vernon's Texas Civil
Statutes, Article 2529a, shall be secured by those investment securities authorized by
Vernon's Texas Civil Statutes, Article 2529b-l.
DEPOSITORY shall certify to the chief fiscal officer of Stephen F. Austin State
University the market value of securities on the date said securities are pledged.
The pledged securities shall have an aggregate market or par value, whichever is
less, exclusive, of accrued interest, at all times at least equal to the sum of the
balances on deposit with DEPOSITORY in all accounts of Stephen F. Austin State
University, less those funds covered by V.T.C.S., Article 2529a, and such securities so
deposited with TRUSTEE shall be held under joint Trust Receipt issued by said
TRUSTEE in favor of DEPOSITORY and BOARD OF REGENTS, the original of such
receipt shall be filed with the chief fiscal officer of Stephen F. Austin State
University.
29
Within 10 days after the end of each calendar month, DEPOSITORY, shall
furnish to the chief fiscal officer of Stephen F. Austin State University in writing a
signed statement showing a completely itemized list of the securities held as pledged
collateral for Stephen F. Austin State University.
m
In the event the DEPOSITORY named shall be unable to pay or shall fail to
pay and satisfy upon presentment for payment any check or draft lawfully drawn
upon any existing fund of Stephen F. Austin State University, then the BOARD OF
REGENTS shall have the right and power any time thereafter to procure the entire
amount of money then on deposit in said DEPOSITORY belonging to Stephen F.
Austin State University, by forced sale of the collateral pledged, and said TRUSTEE
agrees on command of the BOARD OF REGENTS, and the BOARD OF REGENTS is
hereby fully authorized and empowered to proceed with the sale of such securities
to the extent necessary to permit the BOARD OF REGENTS to receive in full its cash
balances theretofore, in such DEPOSITORY, and the money derived from such sale
shall be the property of Stephen F. Austin State University in an amount equal to
the funds of Stephen F. Austin State University in the DEPOSITORY, and any
amount in excess thereof shall be the property of the DEPOSITORY. Such sales may
be public or private and may be made in Nacogdoches, Texas, or elsewhere at the
discretion of the BOARD OF REGENTS, and shall convey such securities absolutely
to the purchaser thereof and no notice of such sale shall be necessary.
IV
It is agreed that said DEPOSITORY shall have the privilege of substituting or
changing the securities herein pledged as occasion may require, subject, however, to
the approval of the President of the institution or his representative.
V
It is further agreed herein that the TRUSTEE shall credit the DEPOSITORY
the proceeds of interest coupons on such bonds of securities as they become due
until otherwise notified by the BOARD OF REGENTS.
VI
It is understood that the TRUSTEE shall have no duty to ascertain the
amount of funds on deposit by the BOARD OF REGENTS with the DEPOSITORY
nor the validity of genuineness of securities deposited and that under Article in,
TRUSTEE has no duty to verify the circumstances but solely to comply with the
"demand" of BOARD OF REGENTS.
VII
A. It is further agreed that the DEPOSITORY will service the accounts in an
efficient and prompt manner.. Charges-, if .any, for -these services
will be assessed and paid monthly in accordance with Article
VII, Section C. Depository shall pay
interest each month as it accrues on all funds deposited with it as time
deposits at a rate to be determined as of the date of deposit in accordance with
the following table:
30
Applicable
Treasury Bill
Rate*
up to 6.0000%
6.0001-7.0000%
7.0001-8.0000%
8.0001-9.0000%
9,0001-10.0000%
10.0001-11.0000%
11.0001-12.0000%
12.0001 or above
Interest Rate Calculations
Treasury Bill "Bid"
Rate times (x) .9 2
Treasury Bill "Bid"
Rate times (x) . 9 2
Treasury Bill "Bid"
Rate times (x) .92
Treasury Bill "Bid"
Rate times (x) .92
Treasury Bill "Bid"
Rate times (x) ■ .92
Treasury Bill "Bid"
Rate times (x) . .92
Treasury Bill "Bid"
Rate times (x) .92
Treasury Bill "Bid"
Rate times (x) .92 .
= Interest Rate
= Interest Rate
= Interest Rate
= Interest Rate
= Interest Rate
= Interest Rate
= Interest Rate
= Interest Rate
The rates thus resulting are to be rounded, up or down, to the nearest
hundredth of one percent but not to exceed the rates on such deposits as authorized
from time to time by regulations of the Board of Governors of the Federal Reserve
System.
B. ACCOUNT SERVICES
1. Overdraft Notification
The University intends to maintain adequate funds to cover
withdrawals at all times.
If an account requires a transfer to cover current withdrawals, the
University Comptroller should be notified immediately to arrange for
the transfer to avoid an overdraft account.
31
2. Other Services offered by the Bank
MPACT automated teller machine on campus.
Provider of student loans through Guarantor!
Loan program.
Applicable Treasury Bill Rate
The most recent "bid" price for corresponding maturity of U. S. Treasury Bills
(Secondary Market) as shown in the latest available publication of the Wall Street
TToouurrnnaall.
TRANSACTION ACCOUNT SERVICE CHARGES
Charges for maintaining the University's deposit records and accounts
will be determined and paid on a monthly basis in accordance with
the enclosed Commercial Checking Account Fee Schedule. All of the
University's checking accounts will be placed on account analysis
An earnings credit will be given to offset monthly charges for all
non-interest earning deposits per the enclosed schedule. A copy
of the current Schedule is attached but may be adjusted from time
to time. The cost of checks will be charged directly to the
University at Depository's cost.
Interest bearing NOW, SNOW and Money Market accounts will be
available to the University subject to the standard withdrawal
and minimum balance restrictions. The activity in all accounts
will be charged according to the Commercial Checking Account
Fee Schedule on a monthly basis. No earnings credit will be
given for interest bearing deposit balances.
32
IN WITNESS THEREOF, the parties hereto have executed this Agreement,
the day and year first above written.
ATTEST
(\j,/. n...
Title
Seal (if incorporated)
Commercial National Bank
Depository
Title
ATTEST Bank One, Texas NA
Trustee Bank
Seal (if incorporated
EXAMINED, APPROVED, AND RECOMMENDED
President
Stephen F. Austin State
University
ATTEST BOARD OF REGENTS
STEPHEN F. AUSTIN STATE
UNIVERSITY
Chairman,
33
DEPOSITORY CONTRACT
OPERATING DEMAND DEPOSITS
STEPHEN F. AUSTIN STATE UNIVERSITY
STATE OF TEXAS
COUNTY OF NACOGDOCHES
THIS AGREEMENT is made and entered into this the 8th day of July, 1991, by
and between Fredonia State Bank of Nacogdoches, Texas, a banking corporation duly
incorporated and authorized by law to do bank business in the state of Texas,
hereinafter called the DEPOSITORY, the Board of Regents, Stephen F. Austin State
University of Nacogdoches, Texas, hereinafter called the BOARD OF REGENTS,
and * of
Texas, a banking corporation duly incorporated and authorized by law to do bank
business in the state of Texas, hereafter called the TRUSTEE.
NOW, THEREFORE, in consideration of the mutual promises, performance
and covenants of each to the other, the parties contract and agree as follows:
The DEPOSITORY agrees to and with the BOARD OF REGENTS that it will
act as depository for funds that may be deposited with it by Stephen F. Austin State
University of Nacogdoches, Texas, at any time from September 1, 1991, through
August 31, 1992, or until its successor is qualified.
II
All funds on deposit with DEPOSITORY to the credit of Stephen F. Austin
State University, with the exception of those funds covered by Vernon's Texas Civil
Statutes, Article 2529a, shall be secured by those investment securities authorized by
Vernon's Texas Civil Statutes, Article 2529b-l.
DEPOSITORY shall certify to the chief fiscal officer of Stephen F. Austin State
University the market value of securities on the date said securities are pledged.
The pledged securities shall have an aggregate market or par value, whichever is
less, exclusive of accrued interest, at all times at least equal to the sum of the
balances on deposit with DEPOSITORY in all accounts of Stephen F. Austin State
University, less those funds covered by V.T.C.S., Article 2529a, and such securities so
deposited with TRUSTEE shall be held under joint Trust Receipt issued by said
TRUSTEE in favor of DEPOSITORY and BOARD OF REGENTS, the original of such
receipt shall be filed with the chief fiscal officer of Stephen F. Austin State
University.
34
Within 10 days after the end of each calendar month, DEPOSITORY, shall
furnish to the chief fiscal officer of Stephen F. Austin State University in writing a
signed statement showing a completely itemized list of the securities held as pledged
collateral for Stephen F. Austin State University.
in
In the event the DEPOSITORY named shall be unable to pay or shall fail to
pay and satisfy upon presentment for payment any check or draft lawfully drawn
upon any existing fund of Stephen F. Austin State University, then the BOARD OF
REGENTS shall have the right and power any time thereafter to procure the entire
amount of money then on deposit in said DEPOSITORY belonging to Stephen F.
Austin State University, by forced sale of the collateral pledged, and said TRUSTEE
agrees on command of the BOARD OF REGENTS, and the BOARD OF REGENTS is
hereby fully authorized and empowered to proceed with the sale of such securities
to the extent necessary to permit the BOARD OF REGENTS to receive in full its cash
balances theretofore, in such DEPOSITORY, and the money derived from such sale
shall be the property of Stephen F. Austin State University in an amount equal to
the funds of Stephen F. Austin State University in the DEPOSITORY, and any
amount in excess thereof shall be the property of the DEPOSITORY. Such sales may
be public or private and may be made in Nacogdoches, Texas, or elsewhere at the
discretion of the BOARD OF REGENTS, and shall convey such securities absolutely
to the purchaser thereof and no notice of such sale shall be necessary.
IV
It is agreed that said DEPOSITORY shall have the privilege of substituting or
changing the securities herein pledged as occasion may require, subject, however, to
the approval of the President of the institution or his representative.
V
It is further agreed herein that the TRUSTEE shall credit the DEPOSITORY
the proceeds of interest coupons on such bonds of securities as they become due
until otherwise notified by the BOARD OF REGENTS.
VI
It is understood that the TRUSTEE shall have no duty to ascertain the
amount of funds on deposit by the BOARD OF REGENTS with the DEPOSITORY
nor the validity of genuineness of securities deposited and that under Article III,
TRUSTEE has no duty to verify the circumstances but solely to comply with the'
"demand", of BOARD OF REGENTS.
VII
A. It is_ further agreed that the DEPOSITORY will service the accounts in an
efficient and prompt manner xfcaKJcmjpfiBSEXtsxxliieoliMxfiisit^ and shall pay
***
35
interest each month as it accrues on all funds deposited with it as time
deposits at a rate to be determined as of the date of deposit in accordance with
the following table:
Applicable
Treasury Bill
Rate* Interest Rate Calculation;;
up to 6.0000% Treasury Bill "Bid"
Rate XKM3±dxx]&__** = Interest Rate
6.0001-7.0000% Treasury Bill "Bid"
Rate tsmES&Axxxtx ** = Interest Rate
7.0001-8.0000% Treasury Bill "Bid"
Rate timss±±xx}&L_** = Interest Rate
8.0001-9.0000% Treasury Bill "Bid"
Rate timss](xkxxix_l* = Interest Rate
9,0001-10.0000% Treasury Bill "Bid"
Rate tixnss^xixxix_i* = Interest Rate
10.0001-11.0000% Treasury Bill "Bid"
Rate finasfokxxjly ** = Interest Rate
11.0001-12.0000% Treasury Bill "Bid"
Rate &HK£ixkxx&L_±* = Interest Rate
12.0001 or above Treasury Bill "Bid"
Rate iimg£Mxx&__** = Interest Rate
The rates thus resulting are to be rounded, up or down, to the nearest
hundredth of one percent but not to exceed the rates on such deposits as authorized
from time to time by regulations of the Board of Governors of the Federal Reserve
System.
B. ACCOUNT SERVICES
1. Overdraft Notification
The University intends to maintain adequate funds to cover
withdrawals at all times.
If an account requires a transfer to cover current withdrawals, the
University Comptroller should be notified immediately to arrange for
the transfer to avoid an overdraft account.
36
2. Other Services offered by the Bank
All banking services extend to our regular customers
at standard prices,.
Applicable Treasury Bill Rate
The most recent "bid" price for corresponding maturity of U. S. Treasury Bills
(Secondary Market) as shown in the latest available publication of the Wall Street
Tournal.
A separate joint safekeeping agreement between Fredonia State Bank,
Stephen F. Austin State University and the Federal Reserve Bank of
Dallas already exists. It was approved by the Governing Body of
Stephen F. Austin State University at their meeting of April 23
1991.
** Interest rate shall equal Treasury Bill "Bid" rate minus 10 basis
points.
*** Fredonia State 3ank will use an account analysis approach to determine
any charges to the University to service their accounts in an efficient
and prompt manner. This approach offsets the cost of providing bank
services against the value of funds on deposit.
37
IN WITNESS THEREOF, the parties hereto have executed this Agreement,
the day and year first above written.
ATTEST
Controller
Title
Depositor
President
Title
Seal (if incorporated)
ATTEST
Trustee Bank
Title Title
Seal (if incorporated
EXAMINED, APPROVED, AND RECOMMENDED
President
Stephen F. Austin State
University
ATTEST BOARD OF REGENTS
STEPHEN F. AUSTIN STATE
UNIVERSITY
Chairman, rd of Regents
APPLICATION TO THE FEDERAL RESERVE B.* NK OF O,\ l.r.,\ i foil • Hi HOLDING OF SFC'RlTiES IN JOINT
SAFEKEEPING
38
WHSSSAS. :o ..cur* -.he f,.,ds deposited wi:h it, the D«;.o,::ory h»i. in .ccord.r.c. with !iw. pieced *ilh .ho Depositor the follou-i.-.g sec-,.-:;*,:
DESCRIPTION
8 3/4 Note P92 91282/KS7
9 5/3NoteN93 912827XJ6 ■
PAR VALUE
1,000.000.00
1,000,000.00
hereof,"" T ^ C°"lV-e dMCripU<ffl °f SeeW'liel Mt:ti fo? j'iBl Mfefc"Pin'-if *» «P»« '•• .. continue description on reverse s*
WHEREAS, other ar.d aeTdhior.al securities m*y be pledged by -.he Depository with the Depositor a soxe future time: and
WHEREAS, other and additional securities rr.ay be pledged tv :he Depository >vhh -.:-,e Depositor it so-e future ti.r.e; and
WHEREAS, both the Depositor and Depository desire a.-.d hereov reoue<i -.hit il« Ferfe'jl 3«.m-. s..t,f n.n i
Depository for the benefit of themselves ^ of t>, r.d.r.. Reserve B^ o,
tr TristMlion r bock •airy Meiirliieii ^h
-"idenctd by lh. issuance ,(its Joint
^ >'ld<iltiOn*1 "CUriU" Whkh ™> b* ^^ or »«*P«^. or for securities which
1 Ss «M b; •> , •" ?"*?''lph- "P6a "'K< ;eqUeSl °f lhe D»P«fc»>-..«b>« «o>be approve of the Depositor. Such substituted or
j secuiitics shin be subject to the terms ir>d condiiior.s of this agreement s.id Bulletin 7.
upon the rr.oeu«!t';7:'*ir*« ntr-f'""'^- " "V*1"'4"1""-"" w"{!! -•*>• »« -.ender^d tad accepted, or taken in substitution thrrtfor sh.il be surrendered
upon the request of the Depository, subject to the approval of the Depositor.
deliveredSh^S-^'h' 3"k ,°' °T ^ ''\? ™™ bt r"?0!:lib!e f" tht !«"»«•«• n.g.tUbiihy. acceptability, or eligibility of :he securities
S!» S.'Jr«B.M. 'PP"ClllOn- US °"'y r"P°«:b"»y :s ;o ho;d « »•■>••«<!« or convert ,0 book entry such securities as may be delivered to it. in accordance
dellm^Jn or c-!!X -V^^ ^^ °' Pa"M,Sl."lh6;i"d l0 ch> lhe ™^ inl»-e» «»P<»« «» ^ definitive securities which it holds under this .Er*.n,.»t and
delner .hem or c.ed.t .he:r proceecs under adv.ce to the reserve account of the Depository unless other ir.structio-s are issued in writing bv the Depositor Inuren
coverecI bv•»» Depo"or t
aacctt uunpoonn i
iTr . ?!n ^l0 2Cl Lfon ii!*!raKion «!"v«a b>' » »uthori«d person of the Depository whose signature is on file with the
3 -\ V ' , **""■" ' '^^ '° J°iBt Slhlt"Pi'!« SI«M««« ^ard .SEC-210) on file with the Federal Reserve Bank, and the
mV '' i » * f ue?*fIf;0.My0Be Iulhor1"'110 "l for lhe DsPosi:or «' depository named herein before the full delivery of all securities
t ***"'""?««» 2na'" ""« °' Transaction issued upon this application, including substitutions, it shall be the dutv of Uii Depositor or
^J ' V ^"^ "^^ """^ °' 'Vt""°n *l° lhe ^'^ Referve B£nk o( Ds""' ^ 'h"«'<« »W S^"k ih.ll be authorized to
ons from such person to the sane extent as under instructions of the persons named herein.
the D-Ztiett'Mr ^ "i™"0" tnv'a*T.ll*i ht"iD shi" ««PP'*"-'«i ™ * '>• Edition to those set forth in Bulletin 7 of the Federal Reserve Bank of Dallas, and
the pities hereto expressly agree to act in accordance with the terms and conditions of said 3ul!etin 7.
10. The Governing 3ody referred to in this instrument is Stephen F. Austin State University
and said body, by proper resolution spread upon its minutes, fully authorized the execution of this agreement by the Depositor.
IN WITNESS WHEREOF, this agreement is executed in Triplicate, a copy being intended for the Depositor, the Depository, and the Federal Reserve Bank of
. on thhii s thh e 18th day o{ MMarcah rch91 ]9 91
Fredonia State Bank
3y Controller
Thbtajj, certify that the above and foregoing application was duly considered by the Governing Body named in the .pplfeition at a meeting properly held on
.day of _
the application to be executed
(SEAL)
which.
Secretary fVCUrk
SEO20X (Rev. 6-84)
39
DEPOSITORY CONTRACT
OPERATING DEMAND DEPOSITS
STEPHEN F. AUSTIN STATE UNIVERSITY
STATE OF TEXAS
COUNTY OF NACOGDOCHES
THIS AGREEMENT is made and entered into this the 8th day of July, 1991, by
and between Stone Fort National Bank of Nacogdoches. Texas, a'banking
corporation duly incorporated and authorized by law to do bank business in the state
of Texas, hereinafter called the DEPOSITORY, the Board of Regents, Stephen F.
Austin State University of Nacogdoches, Texas, hereinafter called the BOARD OF
REGENTS, and Texas Commerce Bank, NA of Houston
Texas, a banking corporation duly incorporated and authorized by law to do bank
business in the state of Texas, hereafter called the TRUSTEE.
NOW, THEREFORE, in consideration of the mutual promises, performance
and covenants of each to the other, the parties contract and agree as follows:
I
The DEPOSITORY agrees to and with the BOARD OF REGENTS that it will
act as depository for funds that may be deposited with it by Stephen F. Austin State
University of Nacogdoches, Texas, at any time from September 1, 1991, through
August 31,1992, or until its successor is qualified.
II
All funds on deposit with DEPOSITORY to the credit of Stephen F. Austin
State University, with the exception of those funds covered by Vernon's Texas Civil
Statutes, Article 2529a, shall be secured by those investment securities authorized by
Vernon's Texas Civil Statutes, Article 2529b-l.
DEPOSITORY shall certify to the chief fiscal officer of Stephen F.' Austin State
University the market value of securities on the date said securities are pledged.
The pledged securities shall have; an aggregate market or par value, whichever is
less, exclusive of accrued interest, at all times at least equal to the sum of the
balances on deposit with DEPOSITORY in all accounts of Stephen F. Austin State
University, less those funds covered by V.T.C.S., Article 2529a, and such securities so
deposited with TRUSTEE shall be held under joint Trust Receipt issued by said
TRUSTEE in favor of DEPOSITORY and BOARD OF REGENTS, the original of such
receipt shall be filed with the chief fiscal officer of Stephen F. Austin State
University.
Within 10 days after the end of each calendar month, DEPOSITORY, shall
furnish to the chief fiscal officer of Stephen R Austin State University in writing a
signed statement showing a completely itemized list of the securities held as pledged
collateral for Stephen R Austin State University.
in
In the event the DEPOSITORY named shall be unable to pay or shall fail to
pay and satisfy upon presentment for payment any check or draft lawfully drawn
upon any existing fund of Stephen F. Austin State University, then the BOARD OF
REGENTS shall have the right and power any time thereafter to procure the entire
amount of money then on deposit in said DEPOSITORY belonging to Stephen F.
Austin State University, by forced sale of the collateral pledged, and said TRUSTEE
agrees on command of the BOARD OF REGENTS, and the BOARD OF REGENTS is
hereby fully authorized and empowered to proceed with the sale of such securities
to the extent necessary to permit the BOARD OF REGENTS to receive in full its cash
balances theretofore, in such DEPOSITORY, and the money derived from such sale
shall be the property of Stephen F. Austin State University in an amount equal to
the funds of Stephen F. Austin State University in the DEPOSITORY, and any
amount in excess thereof shall be the property of the DEPOSITORY. Such sales may
be public or private and may be made in Nacogdoches, Texas, or elsewhere at the
discretion of the BOARD OF REGENTS, and shall convey such securities absolutely
to the purchaser thereof and no notice of such sale shall be necessary.
IV
It is agreed that said DEPOSITORY shall have the privilege of substituting or
changing the securities herein pledged as occasion may require, subject, however, to
the approval of the President of the institution or his representative.
V
It is further agreed herein that the TRUSTEE shall credit the DEPOSITORY
the proceeds of interest coupons on such bonds of securities as they become due
until otherwise notified by the BOARD OF REGENTS.
VI
It is understood that the TRUSTEE shall have no duty to ascertain the
amount of funds on deposit by the BOARD OF REGENTS with the DEPOSITORY
nor the validity of genuineness of securities deposited and that under Article III,
TRUSTEE has no duty to verify the circumstances but solely to comply with the
"demand" of BOARD OF REGENTS.
VII
A. It is further agreed that the DEPOSITORY will service, the accounts in an
efficient and prompt manner at Tr*-nyp^nnp to the University and shall pay
* See Attached Schedule ~ relating to charges on Commercial accounts.
40
interest each month as it accrues on all funds deposited with it as time
deposits at a rate to be determined as of the date of deposit in accordance with
the following: table:
41
Applicable
Treasury Bill
Rate*
up to 6.0000%
6.0001-7.0000%
7.0001-8.0000%
8.0001-9.0000%
9,0001-10.0000%
10.0001-11.0000%
11.0001-12.0000%
12.0001 or above
Interest Rate Calculations
Treasury Bill "Bid"
Rate times (x) 1. -.25% = Interest Rate
(minus one rorth of one percent)
Treasury Bill "Bid"
Rate times (x) 1. ~-25%
Treasury Bill "Bid"
Rate times (x) 1. ~-25%
Treasury Bill "Bid"
Rate times (x) 1. -.25%
Treasury Bill "Bid"
Rate times (x) 1. -.25%
Treasury Bill "Bid"
Rate times (x) 1. -.25%
Treasury Bill "Bid"
Rate times (x) 1. -.25%
Treasury Bill "Bid"
Rate times (x) 1. -.25%
= Interest Rate
= Interest Rate
= Interest Rate
= Interest Rate
= Interest Rate
= Interest Rate
= Interest Rate
The rates thus resulting are to be rounded, up or down, to the nearest
hundredth of one percent but not to exceed the rates on such deposits as authorized
from time to time by regulations of the Board of Governors of the Federal Reserve
System.
B. ACCOUNT SERVICES
1. Overdraft Notification
The University intends to maintain adequate funds to cover
withdrawals at all times.
. If an account requires a transfer to cover current withdrawals, the
University Comptroller should be notified immediately to arrange for
the transfer to avoid an overdraft account.
42
2. Other Services offered by the Bank
Piease refer to attached Product Brochure. These services
are offered on a fee or deposit compensated basis. Price quotes will
be .submitted upon request. ^
Applicable Treasury Bill Rate
The most recent "bid11 price for corresponding maturity of U. S. Treasury Bills
(Secondary Market) as shown in the latest available publication of the Wall Street
Tournal.
43
IN WITNESS THEREOF, the parties hereto have executed this Agreement,
the day and year first above written.
ATTEST
Title
L.Z
Depository II /
Title
Seal (if incorporated)
ATTEST
Title Cynthia 9. Scott
Vice President
c
/Trustee Bank
Title P^nny b. Sasko
\fice President
Seal (if incorporated
EXAMINED, APPROVED, AND RECOMMENDED
President
Stephen F. Austin State
University
ATTEST BOARD OF REGENTS
STEPHEN F. AUSTIN STATE
UNIVERSITY
Chairman, Board of Regents
44
STEPHEN F. AUSTIN STATE UNIVERSITY
ARCHITECT-ENGINEER/OWNER AGREEMENT
THIS AGREEMENT, made the Twenty Third day of April, 1991 by and
between the State of Texas, acting through the Board of Regents, Stephen F.
Austin State University, hereinafter called the Owner, and Marsellos and Scott,
Architects-Engineers, hereinafter called the Architect/Engineer (A-E).
WITNESSETH, that whereas the Owner intends to have constructed GIBBS
HALL RENOVATIONS; such improvements hereinafter called the "Project11 at
STEPHEN F. AUSTIN STATE UNIVERSITY
The fixed limit of construction cost is to be determined by the Owner. NOW
THEREFORE, the Owner and A-E, for considerations as set forth, agree as
follows:
ARTICLE 1
The A-E agrees to perform, for the above named Work, basic professional
services as hereinafter set forth.
45
ARTICLE 2
2.1 The Owner agrees to pay the A-E, for his basic services, compensation
computed as follows:
7.5% of the Construction Cost of the Project
2.2 The A-E basic services are those normal and usual services necessary or
convenient to the design and construction phases of a Project. These
services are further defined but not limited by Article 3.
2.3 The times and further conditions of payment shall be as directed in
Article 7.
46
ARTICLE 3. SERVICES OF THE A-E
3.1 PRELIMINARY PLAN DEVELOPMENT
3.1.1 The A-E shall confer with the Ownerto ascertain the requirements
and limitations of the Project and inspect the Project site or sites.
3.1.2 The A-E shall review the scope and assist the Owner in the
Owner's work of providing the necessary topographic or boundary
surveys, aerial surveys, record drawings, soil surveys, etc.
3.1.3 The A-E shall prepare the Preliminary Plan Documents consisting
of plans, elevations and other drawings, and outline specifications,
to fix and illustrate the size and character of the entire Project in
its essentials as to kinds of material, type of structure, mechanical
and electrical systems and such other Work as may be required.
3.1.4 The Preliminary Plan Documents must contain a statement of the
probable Project cost which includes estimated basic construction
cost, contingency in construction Contract, Owner's services,
estimated total construction cost, Architect's fee, equipment cost,
and the total Project cost. A separate estimated cost of each
alternative should also be provided. If such estimated cost
exceeds the fixed limit of construction cost stated above, the A-E
shall consult with the Owner's representative so that revisions can
be made to reduce the cost as required. Alternate bids may be
used as required to obtain flexibility in the range of quotations
offered.
47
3.1.5 The A-E shall employ only those consulting firms for structural,
mechanical or other portions of the Work which have been
approved by the Owner. Those engineering or architectural firms
employed by the A-E shall comply with the terms of the Texas
Engineering Practice Act, Article 3271 A, Vernon's Annotated
Texas Statutes and the Texas Architect Practice Act, Article
249A, Vernon's Annotated Texas Statutes and shall be employed
on a total service agreement.
3.1.6 In the event the Project consists of a new building or buildings,
the A-E shall prepare a perspective drawing or model (at the
option of the A-E), unless specified by the Owner, of the Project
showing sufficient detail to illustrate the general character and
scale of the Project.
3.1.7 The Preliminary Plan Documents must be approved at a meeting
of the Board of Regents. For review purposes, the A-E shall
provide thirty (30) draft copies of the Preliminary Plan Documents
to the University Administration at least four weeks prior to the
meeting of the Board of Regents. At the option of the Owner, the
A-E may be required to attend the Regent's meeting to discuss the
proposed Preliminary Plan Documents.
48
3.2 DETAIL PLANS AND CONSTRUCTION DOCUMENTS PHASE
3.2.1 The A-E shall prepare, from the approved Preliminary Plan
Documents, Working Drawings and Specifications setting forth
in detail the requirements for the construction of the entire Project
including the necessary bidding information, and shall assist in the
preparation of bidding forms, the conditions of the Contract, and
the form of agreement between the Owner and the Contractor.
3.2.2 The A-E shall advise the Owner of any adjustments to previous
Statements of Probably Construction Cost indicated by changes
in requirements or general market conditions.
3.2.3 The A-E shall assist the Owner in filing the required documents for
the approval of governmental authorities having jurisdiction over
the Project.
3.2.4 Before they are finalized, the A-E will assure that the University
administration and the Board have at least three weeks to review
and approve the Plans, Specifications, Notices to Bidders, and
Proposal forms required for bidding and construction.
49
3.2.5 The A-E shall furnish to the Owner, Contractor, Subcontractor and
Suppliers all necessary copies of the approved Plans,
Specifications, Notices to Bidders and Proposal forms required for
bidding construction. (The Owner will require five complete
copies of the Specifications complete with executed Bid Proposal,
Contract and bonds.) If the Plan and Specification requirements
exceed fifty (50) sets, all additional requirements will be
considered additional services.
3.3 BIDDING OR NEGOTIATION PHASE
3.3.1 The A-E, following the Owner's approval of the Construction
Documents, and of the latest Statement of Probable Construction
Cost, shall assist the Owner in obtaining bids or negotiated
proposals, and in awarding construction Contractors. The A-E
shall recommend in writing to the Owner the award of a
construction contract to a particular contractor or the rejection of
all of the bids.
3.4 CONSTRUCTION PHASE
3.4.1 The A-E shall at all times have access to the Work wherever it is
in preparation or progress.
3.4.2 The A-E shall make such periodic visits to the site as are
necessary to familiarize himself generally with the progress and
quality of the Work and to determine if the Work is proceeding in
50
accordance with the Contract Documents. On the basis of his on-site
observations as an A-E, he shall notify the Owner or take
such other steps to guard the Owner against defects and
deficiencies in the Work of the Contractor. The A-E shall conduct
periodic visits, at key times during the construction phase. The
A-E shall not be responsible for construction means, methods,
techniques, sequences or procedure, or for safety precautions and
programs in connection with the Work, and the A-E shall not be
responsible for the Contractor's failure to carry out his
responsibilities to the Owner, but shall be responsible for
determining that the Work is in accordance to the Plans and
Specifications to the best of the A-E's knowledge, information,
and belief.
3.4.3 Based on observations of construction progress at the site and on
a review of the Contractor's Payment Request, the A-E shall make
recommendations relative to Progress Payments and shall submit
monthly reports to the Owner covering the general progress of the
Work.
3.4.4 The A-E shall review, approve, and comment, where necessary,
on Shop Drawings, samples and other submissions of the
Contractor relative to items conforming to general Project
concept.
51
3.4.5 The A-E shall review Change Orders and make recommendations
to the Owner.
3.4.6 The A-E shall conduct inspections to determine the dates of
substantial completion and final completion. A-E shall also
conduct inspections upon request during the period of one year
from the date of final completion for the purpose of advising
Owner with regard to the Contractors warranties of materials and
workmanship.
3.4.7 Upon receipt of notification by the Contractor that the Work has
been completed, the A-E shall conduct an inspection, to be
performed by the appropriate members of his staff and his
professional affiliated to determine, to the best of the A-E's
knowledge, information, and belief, that the Work is completed in
accordance with the Construction Documents. As a result of this
inspection, the A-E shall prepare a list of items needing
corrections, the A-E shall notify the Owner in writing. The A-E
and his professional affiliates shall accompany the Owner's
representative on the Final Inspection to review the. total Work as
to its completion.
52
3.4.8 Upon completion of the construction, the A-E shall make
reasonable changes in the original tracings to serve as Record
Drawings for the Work, and shall forward a set of reproducible
drawings (not sepias) including one set of marked Specification to
the Owner to serve as Record Drawings.
ARTICLE 4. ADDITIONAL SERVICES
4.1 Services are sometimes required of the A-E which are not included
as part of the Basic Services described in Article 3. If additional
services are required, they shall be provided by the Owner,
contracted separately, or authorized in writing to be performed by
the A-E and paid for separately by the Owner as hereinafter
provided. Added services could include Work normally provided
by the Owner (ARTICLE 5) but assigned to the A-E, and services
such as the following:
4.1.1 Providing financial feasibility, appraisals, rate studies, or other
special economic studies.
4.1.2 Providing master planning surveys.
4.1.3 Making measured drawings of existing construction when required
for planning additions or alterations thereto.
4.1.4 Providing interior design and other services required for, or in
connection with, the selection of furniture and furnishings, unless
mutually agreed to be an item included in the construction
Contract.
53
4.1.5 Providing services as an expert witness at the request of the
Owner in connection with any public hearing arbitration
proceeding, or the proceeding of a court.
4.1.6 Providing design services relative to future facilities which are not
intended to be part of the Project.
4*2 Any additional service cost shall be agreed to and authorized in
writing by the Owner before the Work is performed. The A-E will
be compensated for authorized additional service at actual salary
cost times 2.5 for all personnel, actual cost plus 50% for
consulting services and actual cost plus 15% for reimbursable
expenses.
ARTICLE 5. THE OWNER'S RESPONSIBILITIES
5.1 The Owner shall provide initial program information regarding his
requirements for the Project (space and user requirements, budget
limitations and scheduling, etc.)
5.2 The Owner, or his authorized representative, shall examine
documents submitted by the A-E and shall render decisions
pertaining thereto promptly, to avoid unreasonable delay in the
progress of the A-E's work.
5.3 When required for the Project, the Owner shall furnish to the A-E
complete and accurate boundary surveys and topographic maps
giving, as applicable, grades and lines of streets and other
physical features, both on and adjoining site, boundaries and
54
contours of land, rights-of-way, restriction, easements, deed
restrictions, locations, dimensions and complete data pertaining to
existing buildings, location of trees, and full information
concerning available utility services, public and private.
5.4 The Owner shall provide soil borings and laboratory testing
services, including required test interpretations, test data and
reports.
5.5 The services, information, surveys and reports required by
Paragraphs 5.3 through 5.4 inclusive, shall be furnished at the
Owner's expense, and the A-E shall be entitled to rely on the
accuracy thereof. The Owner may, at his option, request that the
A-E provide services under 5.3 and 5.4, and reimburse the A-E for
expenses.
5.6 The Owner shall furnish the A-E, when available and applicable,
copies of Owner's standard General Conditions, Contract Forms,
Bond Forms, bidding information and instructions, minimum wage
rates for inclusion in the Specifications, and design and
construction standards of the Owner.
ARTICLE 6. REVISION OF DRAWINGS AND SPECIFICATIONS
6.1 The A-E shall prepare Construction Documents containing such
provisions which will permit the Owner to obtain a bona fide bid
within the "fixed limit of Construction Cost'1. In the event the
lowest acceptable bid exceeds the "fixed limit of Construction
55
Cost/1 and if the Owner does not see fit to allot additional funds,
the A-E agrees to revise the Construction Documents without
additional charge to the Owner, as may be necessary to bring the
Construction Cost within the "fixed limit of Construction Cost.11
6.2 Since a "fixed limit of Construction Cost" is stated herein, an
estimate of cost prepared in detail form shall be provided by the
A-E during the Preliminary Plan Phase. If this estimate, at any
stage, exceeds the stated "fixed limit of Construction Cost"
(including contingencies), the Owner shall revise the program,
scope or quality, or combination of these, and the A-E shall revise
the Construction Documents (at not added charge to the Owner)
as may be necessary to bring the construction cost within the
"fixed limit of Construction Cost". The A-E may include alternate
bids in the Construction Documents as a means of adjusting the
construction cost to the fixed limit. If the Owner requests
alternates to be designed which by estimate exceed the fixed limit
of construction cost and those alternates, or parts thereof, are not
construed, the A-E shall be compensated at the percentage fee
designated, based on the low bid received.
6.3 The A-E shall be equitably compensated for added services to
expenses arising from conceptual revisions required by the Owner
of plans previously approved by the Owner or from delays
imposed by causes not within the A-E's control, such as the
56
delinquency or insolvency of construction contractors.
ARTICLE 7. PAYMENTS TO THE A-E
7.1 Payments of fees shall be made monthly for service performed.
7.2 No deduction shall be made from the A-E's compensation on
account of penalty, liquidated damages or other sums withheld
from payment to Contractors.
7.3 If any Work designed or specified by the A-E is abandoned or
suspended, in whole or in part, the A-E is to be paid for services
performed to the point of abandonment or suspensions provided
that such abandonment or suspension is not caused by the
negligence of the A-E.
ARTICLE 8. CONSTRUCTION COST
8.1 Construction Cost shall be the total cost of Project facilities
authorized and handled by the A-E in each separate phase of the
Project, with precedence in the order listed:
8.1.1 Completed construction shall be the total cost of all such Work
(including modifications and additions);
8.1.2 Work designed or specified, but not constructed, shall be the
lowest on a fide bid received from a qualified bidder for any or all
of such Work; not to exceed the "fixed-limit of Construction
Cost"; or
8.1.3 Work for which bids are not received, shall be the A-E's latest
statement of Probably Construction Cost, not to exceed the "fixed
57
limit of Construction Cost11.
8.2 Construction Cost does not include the fees of the A-E and his
consultants, the cost of the land, rights-of-way, or other costs
which are the responsibility of the Owner such as legal,
accounting, etc.
8.3 Project labor furnished by the Owner shall be included in the
Construction Cost at current market rates. Materials and
equipment furnished by the Owner (designed or specified by the
A-E) shall be included at current market prices, except that used
materials and equipment shall be included as if purchased new for
the Project.
ARTICLE 9. TERMINATION OF AGREEMENT
This Agreement may be terminated by either party upon seven (7) calendar
days written notice should the other part fail substantially to perform in
accordance with its terms through no fault of the other. In the event of
termination which is not the fault of the A-E, the A-E shall be paid for services
performed to termination date. The A-E then shall collect and arrange all
construction data and other information generated to date of termination and
deliver this information to the Owner.
ARTICLE 10. OWNERSHIP OF DOCUMENTS
10.1 At the completion of termination of services performed for this
Project by the A-E, a clear set of reproducible drawings (not
sepias) and one printed copy of the Specifications, marked Record
58
11.3 A-E shall indemnify and save harmless Owner and its agents and
employees from all suits, actions, or claims of any character, type,
or description brought or made for or on account of any injuries or
damages received or sustained by any person or persons or
property, arising out of, or occasioned by, the acts of omissions
of A-E or its agents or employees, in the execution, performance
or enforcement of this contract.
11.4 This Agreement shall be governed by, and construed in
accordance with, the laws of the State of Texas.
11.5 In case any one or more of the provisions contained in this
Agreement shall for any reason be held invalid, illegal, or
unenforceable in any respect, such invalidity, illegality, or
unenforceability shall not affect any other provision hereof and
this Agreement shall be construed as if such invalid, illegal, or
unenforceable provision had never been contained herein.
11.6 The rights remedies herein grated to Owner in the event of default
or breach are cumulative, and the exercise thereof shall be
without prejudice to the enforcement of any other right or remedy
authorized by law or this Agreement.
11.7 This Agreement supersedes any and all other agreements, either
oral or in writing, between the parties hereto with respect to the
subject matter hereof and contains all of the covenants and
agreements between the parties with respect to said matter. Each
59
party to this Agreement acknowledges that no representations,
inducements, promises, or agreements, orally or otherwise, have
been made by any party, or anyone acting on behalf of any party,
which are not included herein, and that no other agreement,
statement, or promise not contained in this Agreement, shall be
valid or binding.
ARTICLE 12
12.1 Nothing contained in this Agreement shall create a contractual
relationship with or a cause of action in favor of a third party
against either the Owner or Architect.
12.2 Unless otherwise provided in this Agreement, the Architect and
Architect's consultants shall have no responsibility for the
discovery, presence, handling, removal or disposal of or exposure
of persons to hazardous materials in any form at the Project site,
including but not limited to asbestos, asbestos products,
polychlorinated biphenyl (PCB) or other toxic substances.
60
IN WITNESS WHEREOF, the parties hereon have made and executed this
Agreement, the day and year first above written.
ATTEST MARSELLOS & SCOTT, ARCHITECTS-ENGINEERS
Firm or Agency
Secretary
Seal (if incorporated)
Examined, Approved, andffrecommended:
President,
Stephen F. Austin State University
Board of Regents
Stephen F. Austin State University
Chairrnah^dard of Regents
61
STEPHEN F. AUSTIN STATE UNIVERSITY
ARCHITECT-ENGINEER/OWNER AGREEMENT
THIS AGREEMENT, made the Twenty Third day of April, 1991 by and
between the State of Texas, acting through the Board of Regents, Stephen F.
Austin State University, hereinafter called the Owner, and Marsellos and Scott,
Architects-Engineers, hereinafter called the Architect/Engineer (A-E).
WITNESSETH, that whereas the Owner intends to have constructed RE-ROOFING
1991; such improvements hereinafter called the "Project" at
STEPHEN F. AUSTIN STATE UNIVERSITY
The fixed limit of construction cost is to be determined by the Owner. NOW
THEREFORE, the Owner and A-E, for considerations as set forth, agree as
follows:
ARTICLE 1
The A-E agrees to perform, for the above named Work, basic professional
services as hereinafter set forth.
62
ARTICLE 2
2.1 The Owner agrees to pay the A-E, for his basic services, compensation
computed as follows:
Principals time at the fixed rate of $95.00 per hour.
For the purpose of this Agreement the Principals are:
Floyd Marsellos
Ray Scott
Employees time (other than principal) at a multiple of 2-1/2 times
the employee's Direct Personnel Expense.
2.2 The A-E basic services are those normal and usual services necessary or
convenient to the design and construction phases of a Project. These
services are further defined but not limited by Article 3.
2.3 The times and further conditions of payment shall be as directed in
Article 7.
63
ARTICLE 3. SERVICES OF THE A-E
3.1 PRELIMINARY PLAN DEVELOPMENT
3.1.1 The A-E shall confer with the Owner to ascertain the requirements
and limitations of the Project and inspect the Project site or sites.
3.1.2 The A-E shall review the scope and assist the Owner in the
Owner's work of providing the necessary topographic or boundary
surveys, aerial surveys, record drawings, soil surveys, etc.
3.1.3 The A-E shall prepare the Preliminary Plan Documents consisting
of plans, elevations and other drawings, and outline specifications,
to fix and illustrate the size and character of the entire Project in
its essentials as to kinds of material, type of structure, mechanical
and electrical systems and such other Work as may be required.
3.1.4 The Preliminary Plan Documents must contain a statement of the
probable Project cost which includes estimated basic construction
cost, contingency in construction Contract, Owner's services,
estimated total construction cost, Architect's fee, equipment cost,
and the total Project cost. A separate estimated cost of each
alternative should also be provided. If such estimated cost
exceeds the fixed limit of construction cost stated above, the A-E
shall consult with the Owner's representative so that revisions can
be made to reduce the cost as required. Alternate bids may be
used as required to obtain flexibility in the range of quotations
offered.
64
3.1.5 The A-E shall employ only those consulting firms for structural,
mechanical or other portions of the Work which have been
approved by the Owner. Those engineering or architectural firms
employed by the A-E shall comply with the terms of the Texas
Engineering Practice Act, Article 3271 A, Vernon's Annotated
Texas Statutes and the Texas Architect Practice Act, Article
249A, Vernon's Annotated Texas Statutes and shall be employed
on a total service agreement.
3.1.6 In the event the Project consists of a new building or buildings,
the A-E shall prepare a perspective drawing or model (at the
option of the A-E), unless specified by the Owner, of the Project
showing sufficient detail to illustrate the general character and
scale of the Project.
3.1.7 The Preliminary Plan Documents must be approved at a meeting
of the Board of Regents. For review purposes, the A-E shall
provide thirty (30) draft copies of the Preliminary Plan Documents
to the University Administration at least four weeks prior to the
meeting of the Board of Regents. At the option of the Owner, the
A-E may be required to attend the Regent's meeting to discuss the
proposed Preliminary Plan Documents.
65
3.2 DETAIL PLANS AND CONSTRUCTION DOCUMENTS PHASE
3.2.1 The A-E shall prepare, from the approved Preliminary Plan
Documents, Working Drawings and Specifications setting forth
in detail the requirements for the construction of the entire Project
including the necessary bidding information, and shall assist in the
preparation of bidding forms, the conditions of the Contract, and
the form of agreement between the Owner and the Contractor.
3.2.2 The A-E shall advise the Owner of any adjustments to previous
Statements of Probably Construction Cost indicated by changes
in requirements or general market conditions.
3.2.3 The A-E shall assist the Owner in filing the required documents for
the approval of governmental authorities having jurisdiction over
the Project.
3.2.4 Before they are finalized, the A-E will assure that the University
administration and the Board have at least three weeks to review
and approve the Plans, Specifications, Notices to Bidders, and
Proposal forms required for bidding and construction.
66
3.2.5 The A-E shall furnish to the Owner, Contractor, Subcontractor and
Suppliers all necessary copies of the approved Plans,
Specifications, Notices to Bidders and Proposal forms required for
bidding construction. (The Owner will require five complete
copies of the Specifications complete with executed Bid Proposal,
Contract and bonds.) If the Plan and Specification requirements
exceed fifty (50) sets, all additional requirements will be
considered additional services.
3.3 BIDDING OR NEGOTIATION PHASE
3.3.1 " The A-E, following the Owner's approval of the Construction
Documents, and of the latest Statement of Probable Construction
Cost, shall assist the Owner in obtaining bids or negotiated
proposals, and in awarding construction Contractors. The A-E
shall recommend in writing to the Owner the award of a
construction contract to a particular contractor or the rejection of
all of the bids.
3.4 CONSTRUCTION PHASE
3.4.1 The A-E shall at all times have access to the Work wherever it is
in preparation or progress.
3.4.2 The A-E shall make such periodic visits to the site as are
necessary to familiarize himself generally with the progress and
quality of the Work and to determine if the Work is proceeding in
67
accordance with the Contract Documents. On the basis of his on-site
observations as an A-E, he shall notify the Owner or take
such other steps to guard the Owner against defects and
deficiencies in the Work of the Contractor. The A-E shall conduct
periodic visits, at key times during the construction phase. The
A-E shall not be responsible for construction means, methods,
techniques, sequences or procedure, or for safety precautions and
programs in connection with the Work, and the A-E shall not be
responsible for the Contractor's failure to carry out his
responsibilities to the Owner, but shall be responsible for
determining that the Work is in accordance to the Plans and
Specifications to the best of the A-E's knowledge, information,
and belief.
3.4.3 Based on observations of construction progress at the site and on
a review of the Contractor's Payment Request, the A-E shall make
recommendations relative to Progress Payments and shall submit
monthly reports to the Owner covering the general progress of the
Work.
3.4.4 The A-E shall review, approve, and comment, where necessary,
on Shop Drawings, samples and other submissions of the
Contractor relative to items conforming to general Project
concept.
68
3.4.5 The A-E shall review Change Orders and make recommendations
to the Owner.
3.4.6 The A-E shall conduct inspections to determine the dates of
substantial completion and final completion. A-E shall also
conduct inspections upon request during the period of one year
from the date of final completion for the purpose of advising
Owner with regard to the Contractors warranties of materials and
workmanship.
3.4.7 Upon receipt of notification by the Contractor that the Work has
been completed, the A-E shall conduct an inspection, to be
performed by the appropriate members of his staff and his
professional affiliated to determine, to the best of the A-E's
knowledge, information, and belief, that the Work is completed in
accordance with the Construction Documents. As a result of this
inspection, the A-E shall prepare a list of items needing
corrections, the A-E shall notify the Owner in writing. The A-E
and his professional affiliates shall accompany the Owner's
representative on the Final Inspection to review the total Work as
to its completion.
69
3.4.8 Upon completion of the construction, the A-E shall make
reasonable changes in the original tracings to serve as Record
Drawings for the Work, and shall forward a set of reproducible
drawings (not sepias) including one set of marked Specification to
the Owner to serve as Record Drawings.
ARTICLE 4. ADDITIONAL SERVICES
4-1 Services are sometimes required of the A-E which are not included
as part of the Basic Services described in Article 3. If additional
services are required, they shall be provided by the Owner,
contracted separately, or authorized in writing to be performed by
the A-E and paid for separately by the Owner as hereinafter
provided. Added services could include Work normally provided
by the Owner (ARTICLE 5) but assigned to the A-E, and services
such as the following:
4.1.1 Providing financial feasibility, appraisals, rate studies, or other
special economic studies.
4.1.2 Providing master planning surveys.
4.1.3 Making measured drawings of existing construction when required
for planning additions or alterations thereto.
4.1.4 Providing interior design and other services required for, or in
connection with, the selection of furniture and furnishings, unless
mutually agreed to be an item included in the construction
Contract.
70
4.1.5 Providing services as an expert witness at the request of the
Owner in connection with any public hearing arbitration
proceeding, or the proceeding of a court.
4.1.6 Providing design services relative to future facilities which are not
intended to be part of the Project.
4-2 Any additional service cost shall be agreed to and authorized in
writing by the Owner before the Work is performed. The A-E will
be compensated for authorized additional service at actual salary
cost times 2.5 for all personnel, actual cost plus 50% for
consulting services and actual cost plus 15% for reimbursable
expenses.
ARTICLE 5. THE OWNER'S RESPONSIBILITIES
5.1 The Owner shall provide initial program information regarding his
requirements for the Project (space and user requirements, budget
limitations and scheduling, etc.)
5.2 The Owner, or his authorized representative, shall examine
documents submitted by the A-E and shall render decisions
pertaining thereto promptly, to avoid unreasonable delay in the
progress of the A-E's work.
5.3 When required for the Project, the Owner shall furnish to the A-E
complete and accurate boundary surveys and topographic maps
giving, as applicable, grades and lines of streets and other
physical features, both on and adjoining site, boundaries and
71
contours of land, rights-of-way, restriction, easements, deed
restrictions, locations, dimensions and complete data pertaining to
existing buildings, location of trees, and full information
concerning available utility services, public and private.
5.4 The Owner shall provide soil borings and laboratory testing
services, including required test interpretations, test data and
reports.
5.5 The services, information, surveys and reports required by
Paragraphs 5.3 through 5.4 inclusive, shall be furnished at the
Owner's expense, and the A-E shall be entitled to rely on the
accuracy thereof. The Owner may, at his option, request that the
A-E provide services under 5.3 and 5.4, and reimburse the A-E for
expenses.
5.6 The Owner shall furnish the A-E, when available and applicable,
copies of Owner's standard General Conditions, Contract Forms,
Bond Forms, bidding information and instructions, minimum wage
rates for inclusion in the Specifications, and design and
construction standards of the Owner.
ARTICLE 6. REVISION OF DRAWINGS AND SPECIFICATIONS
6.1 The A-E shall prepare Construction Documents containing such
provisions which will permit the Owner to obtain a bona fide bid
within the "fixed limit of Construction Cost". In the event the
lowest acceptable bid exceeds the "fixed limit of Construction
72
Cost/1 and if the Owner does not see fit to allot additional funds,
the A-E agrees to revise the Construction Documents without
additional charge to the Owner, as may be necessary to bring the
Construction Cost within the "fixed limit of Construction Cost."
6.2 Since a "fixed iimit of Construction Cost" is stated herein, an
estimate of cost prepared in detail form shall be provided by the
A-E during the Preliminary Plan Phase. If this estimate, at any
stage, exceeds the stated "fixed limit of Construction Cost"
(including contingencies), the Owner shall revise the program,
scope or quality, or combination of these, and the A-E shall revise
the Construction Documents (at not added charge to the Owner)
as may be necessary to bring the construction cost within the
"fixed limit of Construction Cost". The A-E may include alternate
bids in the Construction Documents as a means of adjusting the
construction cost to the fixed limit. If the Owner requests
alternates to be designed which by estimate exceed the fixed limit
of construction cost and those alternates, or parts thereof, are not
construed, the A-E shall be compensated at the percentage fee
designated, based on the low bid received.
6.3 The A-E shall be equitably compensated for added services to
expenses arising from conceptual revisions required by the Owner
of plans previously approved by the Owner or from delays
imposed by causes not within the A-E's control, such as the
73
delinquency or insolvency of construction contractors.
ARTICLE 7. PAYMENTS TO THE A-E
7.1 Payments of fees shall be made monthly for service performed.
7.2 No deduction shall be made from the A-E's compensation on
account of penalty, liquidated damages or other sums withheld
from payment to Contractors.
7-3 If any Work designed or specified by the A-E is abandoned or
suspended, in whole or in part, the A-E is to be paid for services
performed to the point of abandonment or suspensions provided
that such abandonment or suspension is not caused by the
negligence of the A-E.
ARTICLE 8. CONSTRUCTION COST
8.1 Construction Cost shall be the total cost of Project facilities
authorized and handled by the A-E in each separate phase of the
Project, with precedence in the order listed:
8.1.1 Completed construction shall be the total cost of all such Work
(including modifications and additions);
8.1.2 Work designed or specified, but not constructed, shall be the
lowest on a fide bid received from a qualified bidder for any or all
of such Work; not to exceed the "fixed-limit of Construction
Cost"; or
8.1.3 Work for which bids are not received, shall be the A-E's latest
statement of Probably Construction Cost, not to exceed the "fixed
74
limit of Construction Cost".
8.2 Construction Cost does not include the fees of the A-E and his
consultants, the cost of the land, rights-of-way, or other costs
which are the responsibility of the Owner such as legal,
accounting, etc.
8.3 Project labor furnished by the Owner shall be included in the
Construction Cost at current market rates. Materials and
equipment furnished by the Owner (designed or specified by the
A-E) shall be included at current market prices, except that used
materials and equipment shall be included as if purchased new for
the Project.
ARTICLE 9. TERMINATION OF AGREEMENT
This Agreement may be terminated by either party upon seven (7) calendar
days written notice should the other part fail substantially to perform in
accordance with its terms through no fault of the other. In the event of
termination which is not the fault of the A-E, the A-E shall be paid for services
performed to termination date. The A-E then shall collect and arrange all
construction data and other information generated to date of termination and
deliver this information to the Owner.
ARTICLE 10. OWNERSHIP OF DOCUMENTS
10-1 At the completion of termination of services performed for this
Project by the A-E, a clear set of reproducible drawings (not
sepias) and one printed copy of the Specifications, marked Record
75
Drawings, shall be delivered to the Owner.
10.2 It is understood however that the A-E is preparing documents for
a specific installation, rather than standard documents for
repetitive, multiple use in other locations. Therefore, neither the
Owner nor the A-E shall later use the content of these documents
as a whole or in substantial part, for other Projects, without
mutual agreement as to the use of the documents.
10.3 If the A-E does not have a full-time Project Representative during
the Construction Phase, the Owner will require an insertion in the
Specifications by the A-E, that the General Contractor keep a set
of prints on the job and appropriately indicate changes made
during construction.
ARTICLE 11. SUCCESSORS AND ASSIGNS
11.1 The Owner and the A-E each binds himself, his partners,
successors, assigns and legal representatives to the other party to
this Agreement and to the partners, successors, assigns and legal
representatives of such other party in respect to all convenants of
this Agreement. Neither the Owner nor the A-E shall assign,
sublet or transfer his interest in this Agreement without the
written consent of the other.
11.2 The obligations and undertakings of each of the parties to this
Agreement shall be performable at Nacogdoches, Nacogdoches
County, Texas.
76
11.3 A-E shall indemnify and save harmless Owner and its agents and
employees from all suits, actions, or claims of any character, type,
or descripiion brought cr made for or on account of any injuries or
damages received or sustained by any person or persons or
property, arising out of, or occasioned by, the acts of omissions
of A-E or its agents or employees, in the execution, performance
or enforcement of this contract.
11.4 This Agreement shall be governed by, and construed in
accordance with, the laws of the State of Texas.
11.5 In case any one or more of the provisions contained in this
Agreement shall for any reason be held invalid, illegal, or
unenforceable in any respect, such invalidity, illegality, or
unenforceability shall not affect any other provision hereof and
this Agreement shall be construed as if such invalid, illegal, or
unenforceable provision had never been contained herein.
11.6 The rights remedies herein grated to Owner in the event of default
or breach are cumulative, and the exercise thereof shall be
without prejudice to the enforcement of any other right or remedy
authorized by law or this Agreement.
11.7 This Agreement supersedes any and all other agreements, either
oral or in writing, between the parties hereto with respect to the
subject matter hereof and contains all of the covenants and
agreements between the parties with respect to said matter. Each
11
party to this Agreement acknowledges that no representations,
inducements, promises, or agreements, orally or otherwise, have
been made by any party, or anyone acting on behalf of any party,
which are not included herein, and that no other agreement,
statement, or promise not contained in this Agreement, shall be
valid or binding.
ARTICLE 12
12.1 Nothing contained in this Agreement shall create a contractual
relationship with or a cause of action in favor of a third party
against either the Owner or Architect.
12.2 " Unless otherwise provided in this Agreement, the Architect and
Architect's consultants shall have no responsibility for the
discovery, presence, handling, removal or disposal of or exposure
of persons to hazardous materials in any form at the Project site,
including but not limited to asbestos, asbestos products,
polychlorinated biphenyl (PCB) or other toxic substances.
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IN WITNESS WHEREOF, the parties hereon have made and executed this
Agreement, the day and year first above written.
ATTEST MARSELLOS & SCOTT, ARCHITECTS-ENGINEERS
Firm cr Agency
Secretary Principal
Seal (if incorporated)
Examined, Approved, anqPRecommended:
President,
Stephen F. Austin State University
Board of Regents
Stephen F. Austin State University
Chairman,
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STEPHEN F. AUSTIN STATE UNIVERSITY
ARCHITECT-ENGINEER/OWNER AGREEMENT
THIS AGREEMENT, made the Ninth day of July, 1991 by and between the
State of Texas, acting through the Board of Regents, Stephen F. Austin State
University, hereinafter called the Owner, and Marsellos and Scott, Architects-
Engineers, hereinafter called the Architect/Engineer (A-E).
WITNESSETH, that whereas the Owner intends to have constructed
MISCELLANEOUS PROJECTS - 1991, SEPTEMBER 1, 1991 through AUGUST
31, 1992; such improvements hereinafter called the "Project" at STEPHEN F.
AUSTIN STATE UNIVERSITY
The fixed limit of construction cost is to be determined by the Owner. NOW
THEREFORE, the Owner and A-E, for considerations as set forth, agree as
follows:
ARTICLE 1
The A-E agrees to perform, for the above named Work, basic professional
services as hereinafter set forth.
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ARTICLE 2
2.1 The Owner agrees to pay the A-E, for his basic services, compensation
computed as follows:
Principals time at the fixed rate of $95.00 per hour.
For the purpose of this Agreement the principals are:
Floyd Marsellos
Ray Scott
Employees time (other than principals) at a multiple of 2-1/2
times the employee's Direct Personnel Expense.
Consulting services at actual cost plus 50%.
Reimbursable expense at actual cost.
2.2 The A-E basic services are those normal and usual services necessary or
convenient to the design and construction phases of a Project. These
services are further defined but not limited by Article 3.
2.3 The times and further conditions of payment shall be as directed in
Article 7.
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ARTICLE 3. SERVICES OF THE A-E
3.1 PRELIMINARY PLAN DEVELOPMENT
3.1.1 The A-E shall confer with the Owner to ascertain the requirements
and limitations of the Project and inspect the Project site or sites.
3.1.2 The A-E shall review the scope and assist the Owner in the
Owner's work of providing the necessary topographic or boundary
surveys, aerial surveys, record drawings, soil surveys, etc.
3.1.3 The A-E shall prepare the Preliminary Plan Documents consisting
of plans, elevations and other drawings, and outline specifications,
to fix and illustrate the size and character of the entire Project in
its essentials as to kinds of material, type of structure, mechanical
and electrical systems and such other Work as may be required.
3.1.4 The Preliminary Plan Documents must contain a statement of the
probable Project cost which includes estimated basic construction
cost, contingency in construction Contract, Owner's services,
estimated total construction cost, Architect's fee, equipment cost,
and the tota