MINUTES OF
Board of Regents
of
Stephen F. Austin State University
VOLUME NO.
June 2,
45
1979
Nacogdoches, Texas
INDEX
MINUTES OF THE
SPECIAL MEETING
BOARD OF REGENTS
STEPHEN F.
HELD
AUSTIN STATE UNIVERSITY
IN NACOGDOCHES,
June
2,
TEXAS
1979
VOLUME NO.
45
Page
79-85
Authorizations:
Dr.
1979 IEM School
Dr.
Franklin
Billy J.
Franklin to Attend
at Harvard University;
for Travel
Funds;
and Pay
Reimburse
Dr..
Franklin!s Registration Fees of $3,200 to
Harvard University
79-86
Approval
45-2
of Contract with Temple Associates,
corporated,
Change Order No.
1,
In
and Project
Budget on Student Housing Project
79-87
45-2
Approval of Preliminary Plans for Home Economics
Facility and. Authority to Seek Approval of Co
ordinating Board and Develop Working Drawings and
Specifications for Bidding
4540
MINUTES OF THE SPECIAL MEETING
BOARD OF REGENTS
STEPHEN F. AUSTIN STATE UNIVERSITY
HELD IN NACOGDOCHES, TEXAS
June 2,
1979
The meeting was called to order by Homer Bryce, Chairman of the Board
of Regents, at 12:00 Noon June 2,
1979.
PRESENT:
Members:
Homer Bryce of Henderson
Walter C. Todd of Dallas
Mrs. Peggy Wright of Nacogdoches
Glenn Justice of Dallas
Joe Bob Golden of Jasper
Absent:
Ernest Powers of Carthage
James
I.
Perkins of Rusk
Robert E. Samuel, Jr. of Madisonville
Mrs. George Cullum, Jr. of Dallas
PRESENT:
C.
G.
Haas,
Secretary to the Board
Dr. William R. Johnson, President of the University
Dr. Billy Joe Franklin, Vice President for
*
Academic Affairs,
SFASU
Dr.
Gordon Beasley, Vice President for
Student Affairs, SFASU
Robert Provan, Legal Counsel, SFASU
PRESENT:
Visitors:
Wilbur Kent (Architectural Firm - Kent-Marsellos-Scott)
Floyd Marsellos (Architectural Firm - Kent-Marsellos-Scott)
Ray Scott (Architectural Firm - Kent-Marsellos-Scott)
L. D. Cloud (Architectural Firm - Bernard Johnson Inc.)
Jim Sartin (Architectural Firm - Bernard Johnson Inc,)
79-85
Upon motion of Regent Todd, seconded by Regent Golden, with all members
voting aye, it was ordered that Dr. Billy J. Franklin, Vice President
for Academic Affairs, be directed to attend the 1979 Institute of
Education Management at Harvard University from June 17, 1979 through
July 26, 1979 in Cambridge, Massachusetts, and that he be reimbursed
by the University (from available local funds) the air transportation,
and that the University be authorized to pay his registration fee of
$3,200 to Harvard University.
79-86
Upon motion of Regent Todd, seconded by Regent Wright, with all members
voting aye, it was ordered that the contract be approved with Temple
Associates, Incorporated, in the amount of $1,150,300--Base, less
Alternates 1, 2, 3, and 4 and Change Order No. 1 (as approved by the
Chairman)--to construct the Student Housing Project, and that the
Chairman of the Board be authorized to sign the contract and the Change
Order; and the following project budget be approved:
Student Housing Project
Contract - Temple Associates,
Requirements
Inc.
$
Other Contract Cost
Architect Fees
Testing,
1,150,300
9,000
(7.5%)
86,300
Laboratory Work
14,000
Loose and Movable Furniture
90,000
Legal and Administrative
20,000
$
1,369,600
Resources
Bond Proceeds
Interest
$
1,250,000
Income
50,000
Pledged Property Surplus
69,600
$
45-2
1,369,600
THE AMERICAN INSTITUTE OF ARCHITECTS
AlA Document A101
Standard Form of Agreement Between
Owner and Contractor
where the basis oi payment is a
STIPULATED SUM
1977
EDITION
THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES; CONSULTATION WITH
AN ATTORNEY IS ENCOURAGED WITH RISPECT TO ITS COMPLETION OR MODIFICATION
Use only with the 7976 Edition oi AlA Document A201, General Conditions oi the Contract for Construction.
This document has been approved and endorsed by The Associated General Contractors of America.
AGREEMENT
made as of the
Hundred and
Second
day of
in the year of Nineteen
June
Seventy-nine
BETWEEN (he Owner:
STEPHEN F. AUSTIN STATE UNIVERSITY
NACOGODOCHES, TEXAS
and the Contractor:
Temple Associates,
Post Office Box
Diboll,
Inc,
730
'
Texas
The Project:
STUDENT APARTMENTS
The Architect:
BERNARD JOHNSON
INCORPORATED
The Owner and the Contractor agree as set forth below
Copyright 1915, 1918, 1923, 193", 1951. 195b, 1%1. 1903, 1967, 197-1, © 1977 by the American Institute of Architects, 173r> New
York Avenue, N.W., Washington, D. C. 20006. Reproduction of the material herein or substantial quotation of its'provisions
wiihoul permission oi the AlA violates the copyright laws ni the United States and will be subject to legal prosecution
AlA DOCUMENT A101
£1977 •
•
OWNER-CONTRACTOR AGREEMENT
•
ELEVENTH EDITION
•
JUNE 1977
•
AIA«
THE AMERICAS INSTITUTE OF ARCHITECTS. 1735 NIU YORK AVL: N.W., WASH I NCI ON, D. C. 20000 "
"•■...
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" 45-3
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A101-1977
1
ARTICLE.
THF
The Contract Documents
Conditions.
consist
CONTRACT
of
DOCUMENTS
this Agreement,
These form the Contract,
as if attached to
1
and
and all are as
as
defined
in
the General
fully a part of
the Contract
this Agreement or repeated herein.
»
ARTICLE
THE
2
WORK
The Conirackir ^!,al! piviorrh jl! the- Wurk icquireci by the Contract Documents tor
{hen
/'iw t\ ihi
construction of a Student
car>:ioi> 0".\;///-'Im-c oi r /. - - \\\>i, .;• j/v-H un nihi-r Cvnttan Doi-timcnt! )
Apartment Complex for Stephen F.
Austin State University.
ARTICLE 3
TIME OF COMMENCEMENT AND SUBSTANTIAL COMPLETION
The Work to be performed under this Contract shall be commenced within ten
days after receipt of written notice to proceed and, subject to authorized
adjustments, Substantial Completion shall be achieved not later than 270
calendar days.
i '•. nOClMINT A1(i*(
•
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A101-1977
2
ARTICLE- 4
CONTRACT SUM
The Owner shall pay the Contractor in current funds foi the performance of the VVoik, subject to nddmons and
deductions by Change Order as provided in the Contract Documents, the Contract Sum of
$1,150,300
One Million One Hundred Fifty Thousand Three Hundred Dollars
The Contract Sum is determined as'foliow?(S'aiv heic l!x oau bid or otimi lump sun. amc.un:. .KcrptoJ aln*inate... anc unit /.;/<. c.v as ar.p\ir?.b'n..i
Base Bid
$1,509,000
Alternate No.
1
Alternate No.
•
Deduct
44,400
2
Deduct
171,100
Alternate No.
3
Deduct
83,000
Alternate No.
4
Deduct
Change Order No.
1
8,400
(See Attached)
Deduct
51,800
Total Contract$l,150,300
ARTICLE 5
PROGRESS PAYMENTS
Based upon Applications for Payment submitted to the Architect/Engineer by
the Contractor
Sum to
the Owner
shall make progress
the Contractor as provided
payments on account of
in the Contract,
the Contract
General and Supplementary
Conditions.
Payments due and unpaid under the Contract Documents shall bear interest uom the date pavment is due at the rate
entered below, or in the absence thereof, a; the legal rale prevailing at the place of the Protect.
(lien- insert anv ran- o! imcrcsl bvhtO upon )
(■sl". /*»•.' cn;< •t'uum'tr,rr.:
unor' ihv trct-r^i Truth r. Lmdmi. A;:, sin/..?* y.,v j.nc /o:.*" ic-i.<umr ncc',; jj•.•.•> jit; o:hrr /f£i;l«»i>o-: a: lin C>.\:u".»
inr ro.ii.-jcii'' ! p'.nc -pi1 fiU'.v o; bu^ir.:-^. :/ic turaimn c! «/»" f-roirct 2nd risn^nc nj. j.'fc.1 .•/»» \uiidn\ o' s.S.". ji:i»vti-cr Spt-cili: icci jc?»/cr s*k)j;c
AIA DOCUMFM A101 •
O'.V'siK.COMRAriOK 'vCRt!v.[NT •
ELtVI.'sTH LDnif.^N •
W^'t 19":
•
AIA*
.1977 • 1H: '\'.UK!CAl. IN'SIITJT! Of Ar-'Cr-i II t Cl .c, 173:- MW VOrK A\'[., N V. .. WASH! NCI ON DC. 'JOOOL
45-5
A101-1977
3
AkIICLL
(,
FINAL PAYMt'M
Final payment,
constituting the entire unpaid balance of the Contract Sum,
shall be paid by the Owner to the Contractor when the Work has been completed,
the Contract fully performed, and as defined in the General Conditions.
ARTICLE
7
MISCELLANEOUS PROVISIONS
?'1
1crfn* U'ed. in ''"' ^'femeni which are defined in the Conditions 01 the Contact shall have the meaning
OL'Si^ruicu
ir:
tMosr Conditions
7/\ lne(:()n!f:"U"i D^umenis. which constitute the ent.re agreement between the Owner and the Contractor ar
r
are
in AM.cie , .inc. e.xceo: tor Moon.cat,ons. issued after execution of this Agreement, are enumeuied as follows
and accopiu; ^.c-rr.jfw. yunv^ n:.^ cv thro: numbv,* m a!i <*>?> and caics u.-c aPP!,csblc '
General Conditions of
"
'
"
Contract
Supplementary Conditions
Drawings - CIA, C2, C3 (Revised June 7, 1979), C4,
A2, A3, A4, A5, A6, A7, A8, A9, A10
SI,
MP1,
MP2,
El,
C5,
C6,
C7,
C8
E2
Specifications - Divisions 1 thru Division 16 - dated February 1979
Alternates
1,
2,
3 & 4
Change Order
Addendum No.
Addendum No.
Addendum No.
Addendum No.
No. 1 - dated June 2, 1979
1, dated March 23, 1979
Revision No.
1, dated June 6, 1979
2,
3,
4,
dated March 28,
1979
dated April 13,1979
dated May 18, 1979
This Agreement entered into as of the day and year him wntten above.
OWNER
.
COMKACfOR
Jl^stl^^
Nacogodoches,
Chairman,
Texas
Diboll,
Texas
Board o£ Regents
AIA DOCl'MLST A101
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^19" . in: AMEkK.A\ JN'STIH.-l: O! AKC H !1 i Cl £ . Vj ;■ r, L .".. v( >r. r. A\L . N v. . wash I r;ci O^'u. C
45-6
'
CHANGE
ORDER
1
ISSUED TO:
Temple Associates,
PROJECT: _
Stephen F.
Inc.
_
Austin - Student Hou_s_ing_
date
June 2,
BJU.O.
78017-01
1979
DESCRIPTION OF CHANGE IN WORK:
Substitute Paint Grade Birch Veneer on Interior Door Facings
In Lieu of
Stain Grade
Red
Oak,
Deduct
$
3,800
Substitute Rough Sawn Finish in Lieu of Smooth Finish
on Exterior Wood Trim and
Siding.
Revised Drive and Parking.
Dated
June
7,
Deduct
1,490
Deduct
40,960
Deduct
17,300
Add
16,400
See Revised Drawing C-3,
1979.
Substitute Cabinets Manufactured by Brandon, Belmont Model,
Solid Core Flush Birch, Paint Grade Veneer In Lieu of
Custom Cabinets.
Contractor Credit for Owner Selection of Alternate No."2
(Construct 8 Buildings In Lieu of
10).
Substitute PVC, Schedule 40 Sanitary Sewer Pipe In Lieu
of Service Weight Cast Iron 5f-0n Outside Building
(as per Revision No.l)
Substitute Type !IK" Copper Water Pipe In Lieu of PVC
(as per Revision No. 1)
.
CONTRACT AMOUNT PRIOR TO THIS CHANGE
$
ADtXR^l&R DEDUCT FROM) THE CONTRACT SUM, THE AMOUNT OF
$
CONTRACT AMOUNT INCLUDING THIS CHANGE
ADD TO (OR DEDUCT FROM) THE CONTRACT TIME..
_DAYS
REVISED CONTRACT COMPLETION DATE
APPROVED DATE
OWNE
Stephen F.^Au^pan State University
ACCEPTED DAT
BERNARD JOHNSON INCORPORATED
CONTRACTOR .
BY
Temple Associates,
Inc.
DISTRIBUTION
BERNARD JOHNSON INCORPORATED
SOSOWEBTMEt^ER. HOUSTQM.TEXAB 77O36
713/B2?U OO
45-7
Deduct
6,750
Add
2,100
B_f
FIREMAN'S
if FUND
W AMERICAN
INSURANCE
COMPANIES
FIREMAN'S FUND INSURANCE COMPANY
THE AMERICAN INSURANCE COMPANY
NATIONAL SURETY CORPORATION
ASSOCIATED INDEMNITY CORPORATION
MAC GREGOR ACT
PAYMENT BOND
AMERICAN AUTOMOBILE INSURANCE .COMPANY
HOME OFFICE: SAN FRANCISCO, CALIFORNIA
STATUTORY PAYMENT BOND PURSUANT TO ARTICLE 5160
OF THE REVISED CIVIL STATUTES OF TEXAS AS
AMENDED BY
ACTS OF THE 56TH LEGISLATURE, REGULAR SESSION, 1959.
KNOW ALL MEN by THESE presents, that
:
Temple Associates,
P..
0,
Inc,
Box 730
.Diboll, Texas 759^1
(hereinafter called the Principal(s)), as Principal(s), and
Associated Indemnity Corporation
(hereinafter called the Surety(s)), as Surety(s), are held and firmly bound unto
Stephen F. Austin State University, Nacogdoches, Texas
(hereinafter called the Obligee), in the amount oL
_Qne million one hundred fity thousand thr^__hundrjBd_,and__no/lOO
($
? ^ ?^
'--V-S-ZZ^^-IZ^
> for the Payment whereof, the said Principal and Surety bind themselves, and their heirs, administrators,
executors, successors and assigns, jointly and severally, firmly by these presents.
WHEREAS, the Principal has entered into a certain written contract with the Obligee, dated the________day nf
19
June
79 , to construct a Student Apartment Complex for Stephen F. Austin University/ Hacogdoches.
Texas
which contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein.
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall pay all claimants supplying
labor and material to him or a subcontractor in the .prosecution of the work provided for in said contract, then, this obligation shall be
void; otherwise to remain in full force and effect.
PROVIDED, HOWEVER, that his bond is executed pursuant to the provisions of Article 5160 of the Revised Civil Statutes of Texas as
amended by Acts of the 56th Legislature, Regular Session, 1959, and all liabilities on this bond shall be determined in accordance with
the provisions of said Article to the same extent as if it were copied at length herein
IN WITNESS WHEREOF, the said Principal(s) and Surety(s) have signed and sealed this instrument thisJ___Lday of ____________
19- "~
Temple Associates,
Inc.
(PRINCIPAL)
(principal)
Eddie Joiner, Vice-president
(PRINCIPAL)
Associated
Indemnity
CORPORATE SURETY
BY.
Wendell D.
36O24O—7-66
45-8
Wampl-er
Corporation
FIREMAN'S
__
H I
-r-"Tk
I ^U I J
^~^
X_-X
AMERICAN
NSURANCE
COMPANIES
FIREMAN'S FUND INSURANCE COMPANY
HE AMERICAN INSURANCE
COMPANY
THE
INSURA
NATIONAL SURETY CORRPORATION
ASSOCIATED INDEMNIT Y
CORPORATION
MAC GREGOR ACT
PERFORMANCE BOND
AMERICAN AUTOMOBILE INSURANCE COMPANY
home office: san francisco, California
STATUTORY PERFORMANCE BOND PURSUANT TO ARTICLE 516D
OF THE REVISED CIVIL STATUTES OF TEXAS AS
AMENDED BY
ACTS OF THE 56TH LEGISLATURE, REGULAR SESSION, 1959
KNOW ALL MEN BY THESE PRESENTS, that.
Temple Associates,
P.
0.
Inc.
Box 730
Jjiboily Texas
(hereinafter called the Principal^)), as Principal(s), and
Associated Indemnity Corporation
(hereinafter called the Surety(s)), as Surety(s), are held and firmly bound unto
Stephen F. Austin State University, Macogdoche^^Te:^
(hereinafter called the Obligee), in the amount of
One million one hundred fifty thousand three hundred and no/lOO
1,150,300-00
.Dollars
_) for the payment whereof, the said Principal and Surety bind themselves, and their heirs, administrators,
executors, successors and assigns, jointly and severally, firmly by these presents.
WHEREAS, the Principal has entered into a certain written contract with the Obligee, dated the
19_J2_, to
Texas'^
2nd
Hrty nf
. June
construct a Student Apartment Complex for Stephen F. Austin University, Nacogdoches
~
which contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein.
NOW THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall faithfully perform the work in
accordance with the plans, specifications and contract documents, then this obligation shall be void; otherwise to remain in full force
ana eiiect.
PROVIDED HOWEVER, that this bond is executed pursuant to the provisions of Article 5160 of the Revised Civil Statutes of Texas as
amended by Acts of the 56th Legislature, Regular Session, 1959, and all liabilities on this bond shall be determined in accordance with
the provisions of said article to the same extent as if it were copied at length herein.
IN WITNESS WHEREOF, the said Principal(s) and Surety(s) have signed and sealed this instrument this5nd._day nf
19.
June
79
Temple Associates,
(PRINCIPAL)
Inc.
Eddie Joiner, Vice-President
(PRINCIPAL)
Associated Indemnity
Corporation
CORPORATE SURETY
By.
360241—7-66
45-9
Wendell D," Wampler
ttorney-in-Fact
10
79-87
Upon motion of Regent Golden, seconded by Regent Justice, with all
members voting aye, it was ordered that the preliminary plans (based
on Floor Plan B) for the Home Economics Department!s facility be
approved and the University be authorized to seek the approval of the
Coordinating Board and to develop working drawings and the specifi
cations
for bidding.
45-10