stephen f. austin state university of the meeting board of regents stephen f. austin state...
TRANSCRIPT
Stephen F. Austin
State University
Minutes of the
Board of Regents
Nacogdoches, Texas
January 24,1981 (Volume 52)
INDEX
Minutes of the Meeting
Stephen F. Austin State University
Board of Regents
held in Nacogdoches, Texas
January 24, 1981
Page
81-28 Approval of Minutes 2
81-29 Election of President 2
81-30 Financial Certification to the Board 2 81-31 Faculty and Staff Appointments 2 81-32 Changes in Status 4
81-33 Resignations r
81-34 Requests for Leave r
81-35 Returns from Leave g
81-36 Retirements 6
81-37 Approval of Underenrolled Classes for Spring Semester, 1981 7
81-38 Approval of Faculty Workload Report for Spring Semester, 1981 7
81-39 Approval of Proposal for Master of Science Degree with a Major in Geology ' 7
81-40 Approval of Proposal for Program in Reading, Plan I, High School Professional Certificate ' 7
81-41 Approval of Proposal for Bachelor of Science in Home Economics Degree with a Major in Food Systems Management 7
81-42 Approval of Twelfth Class Day Enrollment Report for Fall Semester, 1980. 7
81-43 Approval of Last Class Day Enrollment Report for Fall Semester, 1980 g
81-44 Approval of Budget Adjustments for FY81 8 81-45 Approval of Room and Board Rates for FY82 9 81-46 Approval to Change Add/Drop Fees 9
81-47 Approval of Final Transfers Between Elements of Cost FY80 9
81-48 Authorization to Comply with Emergency Legislative Pay Raise g
81-49 Authorization to Contract with R. F. Dini and Associates 9 81-50 Authorization to Form a Board for Lease with
Land Commissioner g
81-51 Approval to Issue Purchase Orders for Loose and Movable Furnishings for Home Economics South 11
81-52 Approval of Contract with Falcon Electric Co., Inc. 11 81-53 Approval of Agreement with TPPTL for Installation of
15 KV Oil Circuit Breaker 23
Page
81-54 Approval of Budget for Primary Electrical Extension Project
81-55 Endorsement from Board to Establish Governor's School ^ of Texas for Exceptional High School Juniors and Seniors
Miscellaneous Information 27
MINUTES OF THE MEETING
BOARD OF REGENTS
STEPHEN F. AUSTIN STATE UNIVERSITY
HELD IN NACOGDOCHES, TEXAS
January 24, 1981
The meeting was called to order by Mrs. Tom Wright, Chairman of the Board of Regents, at 9:00 a.m. January 24, 1981.
REGENTS -
PRESENT:
ABSENT:
Mrs
Mr.
Mrs
Mr.
Mr.
Mr.
Mr.
, Tom Wright of Nacogdoches
Ted Bowen of Houston
George Cullum, Jr. of Dallas
Joe Bob Golden of Jasper
James I. Perkins of Rusk
Robert E. Samuel, Jr. of Madisonville Walter Todd of Dallas
Mr. Homer Bryce of Henderson
Mr. Glenn Justice of Dallas
STAFF -
PRESENT:
ABSENT:
Dr.
Dr.
Mr.
Dr.
Mr.
William R. Johnson, President of the University Billy J. Franklin, Vice President for Academic Affairs C. G. Haas, Vice President for Fiscal Affairs Baker Pattillo, Vice President for Student Affairs Clyde S. Carman, Director of Development
Mr. Robert Provan, Legal Counsel
STUDENTS -
PRESENT: Donna Lestage
81-28
Upon motion of Regent Todd, seconded by Regent Bowen, with all
I^n^T °rdered th" th i f
81-29
ap , g 7 ,' SeC0nded ^ Re*ent fi°lden, with all members g aye, it was ordered that William R. Johnson be elected President
of the University for the period September 1, 1981 to Aupust 31 1982
81-30
°f Regent,Bowf' seconded by Regent Perkins, with all members -Wf ° ^ that the Universi^ administration provide a
^T/ssi i2:dd "This is to certify that all rules, regulations and statutes have been complied with in the operation of Stephen F. Austin State University's finances during the month of 19 ."
81-31
Upon motion of Regent Cullum, seconded by Regent Golden, with all members voting aye it was ordered that the following individuals be employed for the positions, dates, and salaries indicated:
1. Department of Accounting
Mr. Carl William Brewer, 37, M. S. (University of Houston) Assistant Professor of Accounting, at a salary rate of $22,000 for ;.inen™ths' effective September 1, 1981. Should Mr. Brewer have the Ph.D. in hand from the University of Houston by September 1, 1981, the salary will be $24,000 for nine months.
Ms. Doris Ann Cummings, 38, M.B.A. [Stephen F. Austin State Uni-
I?r0?)0 fn inno'!^ I;stru,ctor of Accounting, at a salary rate of $7,000 for 100% time for the Spring Semester, 1981, only.
2. Department of Computer Science
Ms Helen Kay Hull, .34, M.S. (Stephen F. Austin State University)
for'lOO? t^St^uct°r inc Computer Science, at a salary rate of $7,Oo6 tor 100-6 time for the Spring Semester, 1981, only.
t Ml' R0be*lJ0hn i?Uest' 35> M-S- C^ephen F. Austin State University) Lecturer (25« time) in Computer Science, at a salary rate of Si,500 for the Spring Semester, 1981, only.
3. Department of Economics and Finance
_ Mr. John W. Woods, 30, M.Agric. (Texas ASM University), Lecturer in Economics (25% time), at a salary rate of $1,500 for the Sprina Semester, 1981, only.
4. School of Forestry
Mr. Charles E. Allen, 31, M.S. (Stephen F. Austin State University) Lecturer (25% time) in Forestry at a salary rate of $1,600 for the Spring Semester, 1981, only.
Mr. Arthur Andrew Bates, 33, M.S.F. (Stephen F. Austin State Uni versity), Lecturer (50% time) in Forestry at a salary rate of $3,200 for the Spring Semester, 1981, only.
Dr. Michael S. Fountain, 33, Ph.D. (West Virginia University), Assistant Professor in Forestry, at a salary rate of SO,375 for the Spring Semester, 1981. This is a continuing appointment.
Dr. A. Jay Schultz, 44, Ph.D. (University of Arizona), Associate Professor of Forestry, at a salary rate of $17,500 for seven months, effective November 1, 1980. This is a continuing appointment.
5. Department of Management and Marketing
Dr. Carol Stoak Saunders, 33, Ph.D. (University of Houston), Assistant Professor in Management at a salary rate of $23,860 for nine months, effective' September 1, 1981.
6. Department of Secondary Education
Dr. Hugh Douglas Prewitt, 45, Ph.D. (Texas ASM University), Associate Professor of Secondary Education at a salary rate of $12,000 for the Spring Semester, 1981. This is a continuing appointment.
7. Department of Agriculture
Mr. John Fowler Kirk, 26, B.S. in Agriculture (Stephen F. Austin State University), Beef Farm Manager at a salary rate of $10,188 for twelve months, beginning November 1, 1980.
8. Student Affairs
Mr. Terry L. Conyers, B.A. (Tabor College), University Police Officer I at a salary rate of $8,892 for twelve months effective December 1, 1980.
/ HartZ' University Police Officer I at a salary rate of for twelve months effective December 10, 1980.
Mr. Michael Anthony Kelly, University Police Officer I at a salary rate of $8,592 for twelve months effective December 19, 1980.
81-32
Upon motion of Regent Bowen, seconded by Regent Cullum, with all members voting aye, it was ordered that the following changes in status be ap-proved: ~ r
1. Department of Elementary Education
Dr. Macra Ann Brunson, Assistant Professor of Elementary Education from a salary rate of $16,213 to $16,963 for nine months, effective ' September 1, 1980. Dr. Brunson completed the Doctor of Education degree.
2. Department of English and Philosophy
Mr. Ira Jarrell Richman, Assistant Professor of English, from a salary rate of $17,000 to $17,600 for nine months, effective September 1 1980. A review of comparative qualifications with other faculty indicates this increase is justified.
3. Department of Health and Physical Education
Mr. Michael Stanford Bobo, Lecturer in Health and Physical Education from a salary rate of $11,525 for 75% time to $12,800 for 85% time due' to the addition of one class at $1,275 for the Spring Semester, 1981.
Ms. Virginia Mathews, Assistant Professor in Health and Physical Education, from a salary rate of $21,074 to $22,349. This represents the addition of one class at $1,275 for the Spring Semester, 1981.
4. Sex Desegregation Center for the Southwest
Ms. Sandra L. Miller, State Administrator, from a salary rate of $19,803 to $20,303 to give credit for additional experience in the public schools.
5. Student Affairs
Ms. Dana Mays Gilbert, transferred from Forestry as a receptionist to Intramurals as Intramural Supervisor at a salary rate of $11,268 for ten and one-half months effective October 1, 1980.
Ms. Jamie Fain, from Residence Hall Coordinator to Associate Director of Housing effective January 1, 1981. Salary rate adjust ment from $12,612 to $16,000 for twelve months
Ms. Bomta Jacobs, from Temporary Associate Director of Housing to Temporary Residence Hall Coordinator effective January 1, 1981 Salary rate will remain the same.
Ms. Lucretia Bussey, Temporary Counselor in Guidance and Counseling, extension of temporary appointment through May 31, 1981. Salary rate' will remain the same.
81-33
Upon motion of Regent Samuels, seconded by Regent Golden, with all members voting aye, it was ordered that the following resignations be accepted:
1. Department of Agriculture
Mr. Barton Edward Baker, Beef Farm Manager, effective October 17, 1980 Mr. Baker resigned for personal reasons.
2. Sex Desegregation Center for the Southwest
Ms. Estelle Perez, State Administrator, effective October 15, 1980. Ms. Perez resigned to accept other employment.
3. Student Affairs
Mr. Clyde V. Shipp, Police Officer II effective November 20, 1980. Mr. Shipp resigned to accept employment with another state agency.
Ms. Emilee Hanshaw, Police Officer II effective December 18, 1980. Ms. Hanshaw resigned to accept employment elsewhere.
Mr. James Hanshaw, Police Officer II effective December 18, 1980. Mr. Hanshaw resigned to accept employment elsewhere.
Ms. Elaine IVingate, Scheduling and Services Coordinator effective January 5, 1981. Ms. Wingate resigned to take a new job.
Mr. Jerry Johnson, Director of the University Center effective January 7, 1981. Mr. Johnson resigned to accept a job with a local bank.
81-34
Upon motion of Regent Cullum, seconded by Regent Bowen, with all members
voting aye, the following requests for leave without pay were approved:
1. Department of Agriculture
Dr. David L. Creech, Assistant Professor of Agriculture for the period of December 12, 1980 to January 20, 1981, in order to conduct short term consulting to the Pakistan Agricultural Research Council through TA/OICD, a branch of the ISDA.
2. Department of English and Philosophy
Dr. James E. Magruder, Assistant Professor of Philosophy, for the 1981-82 academic year for professional development.
3. Department of Computer Science
Dr. Jerald L. Ripley, Assistant Professor of Computer Science, for the Spring Semester, 1981, in conjunction with dismissal proceedings.
4. Department of Elementary Education
Dr. Tommye J. Haas, Associate Professor of Elementary Education, for the Spring Semester, 1981. Dr. Haas has requested leave for health reasons.
81-35
Upon motion of Regent Samuels, seconded by Regent Todd, with all members voting aye, it was ordered that the following returns from leave be accepted:
1. University Library
Ms. Shirley Dickerson, Assistant Social Sciences Librarian I, ef fective January 12, 1981. Ms. Dickerson has been on educational leave to complete work on a Master's degree in Library Science.
2. Student Health Services
Mr. Al Harris, Director of University Health Services, returning from, two months leave of absence effective December 1, 1980.
81-36
Upon motion of Regent Todd, seconded by Regent Bowen, with all members voting aye, it was ordered that the following retirements be honored:
1. Department of Health and Physical Education
Mr. Joe E. Richardson, Instructor in Health and Physical Education effective December 31, 1980. '
2. Student Affairs
Mr. Hubert Burkhead, Mechanical Supervisor in the University Center effective September 30, 1980.
Ms Mita Musick, Associate Director of Housing effective December 61, 1980. Ms. Musick was granted retirement by the Teacher Retire ment System due to illness.
81-37
Upon motion of Regent Golden, seconded by Regent Samuels, with all members votingaye, it was ordered that the Chairman of the Board of Regents be authorized to approve for retention the underenrolled classes for the Spring Semester, 1981.
81-38
Upon motion of Regent Todd, seconded by Regent Golden, with all members voting aye, it was ordered that the Chairman of the Board of Regents be authorized to approve the Faculty Workload Report for the Spring Semester,
81-39
Upon motion of Regent Golden, seconded by Regent Bowen, with all members voting aye, it was ordered that the proposal for a Master of Science de gree with a Major in Geology be approved as submitted at the meeting.
81-40
Upon motion of Regent Todd, seconded by Regent Bowen, with all members voting aye, it was ordered that the proposal for a program in Reading, Plan I, High School Provisional Certificate, be approved as submitted at the meeting.
81-41
Upon motion of Regent Bowen, seconded by Regent Golden, with all members voting aye, it was ordered that the proposal for a Bachelor of Science m Home Economics degree with a Major in Food Systems Management, be approved as submitted at the meeting.
81-42
Upon motion of Regent Todd, seconded by Regent Cullum, with all members voting aye, it was ordered that the 12th class day enrollment report for the Fall Semester, 1980, be approved as submitted at the meeting
81-43
Upon motion of Regent Golden, seconded by Regent Todd, with all members voting aye it was ordered that the last class day enrollment report for the Fall Semester, 1980, be approved as submitted (to be distributed at the meeting).
81-44
Upon motion of Regent Todd, seconded by Regent Golden, with all members voting aye, it was ordered that the following budget adjustments for rY81 be approved.
1. Non-Pledged Auxiliary Enterprises FY80 subsidy tf 153,620.11
2. Additional Allocation for purchased utilities of Auxiliary Enterprises " 240,000.00
3. Additional Social Security and employee insurance for local funded personnel 100,000.00
4. Additional cost of contract student housing 75,000.00
5. Funds to purchase 2 vans and 2 school buses
(1/2 of cost) 32,000.00
6. Student Work Study Funds 100,000.00
7. Raguet Street Apartment renovations 120,000.00
T0TAL $ 820,620.11
Source of Funds - Items 1 through 7
Pledged Property Surplus
8. Second-year payment for Library Computer $ 21,216.00
9. Additional funds for Library student assistants 23,776.00
10. Funds for purchasing 2 vans and 2 school buses
(1/2 of cost) 32,000.00
11. Additional funds for instructional departments' capital outlay 110,000.00
12. Funds for leasing additional computer data
storage capacity 27,000.00.
T0TAL $ 213,992.00
Source of Funds - Items 8 through 12
Education and General Surplus
81-45
Upon muLxun or negent Perkins, seconded by Regent Cullum with all m voting aye, it was ordered that the room and board rates'for FY82 be approved, as shown on page 10
81-46
of Regent Todd, seconded by Regent Perkins, with all members it was ordered that the current $2.00 fee to add or drop mn*A ♦„ *c nn *__ droppi a CQUrse ■ i
81-47
^air °t ReSent/erl<ins, seconded by Regent Golden, with all members g aye, it was ordered that the final fiscal year 1980 transfers
thTAnaPPTpriated-E!ementS °f C°St bS aPP™ved> ^ shown in Schedule G-l the Annual Financial Report for FY1980.
81-48
Upon motion of Regent Golden, seconded by Regent Bowen, with all members voting aye, it was ordered that the University be authorized to comply with emergency pay raise legislation currently being considered in the 67th
adin^Lnt T aUth?rize the "niversity to provide from local funds similar adjustments for employees whose wages are not appropriated for in the ^^'§15 JL cL LU.1T6 ,
81-49
Upon motion of Regent Perkins, seconded by Regent Todd, with all members
w?ti r T'n -WaS,Ordered that the University be authorized to contract with R. F Dim and Associates, Incorporated of Houston, Texas, to advise the feasibility of conducting a private fund drive to support a program for excellence. Source of Funds: Pledged Property Surplus
81-50
Upon motion of Regent Perkins, seconded by Regent Todd, with all members voting aye, it was ordered that the Chairman be authorized to form a Board for Lease with the Land Commissioner, and that the Board for Lease nominate for an oil and gas lease the following tract of University land:
207.58 acres of land, more or less, in the VITAL FLORES SURVEY, Abstract No. .31, Nacogdoches County, Texas and being the same tract of land described in that certain Deed from R. G. Muckleroy and wife Irene Muckleroy, to Stephen F. Austin State College, dated November 16, 1949 and recorded in Volume 175,' Page 502 of the Deed Records of Nacogdoches Countv' Texas. ' '
EPHEN F. AUSTIN STATE UNIVERSITY Nacogdoches, Texas
ROOM AND BOARD FATES FOR 1981-82
10
Dormitory
No. and Name
1 Unit 1
2 Unit 2
3 Unit 3
4 Wisely Hall
7 Todd Hall
8 Gibbs Hall 9 North Dorm
10 Dorm 10
11 Mays Hall
12 South Dorm
13 Dorm 13
14 Dorm 14
15 Griffith Hall 16 Dorm 16
17 Steen Hall
18 Kerr.Hall
Apartments (without meals)
Apts. Nos. Starr 1
East College 74
Raguet 127
New Raguet 200
Garner 1
Clark 310
University Woods 400
For Accounting Pumoses Only:
Meals
Classification I Halls - 9, 12, 17
Classification II
Halls 7, 10, 13, 14, 15, 16, 18
Classification III Halls 1, 2, 3, 5, 8, 11
Fall or Spring Semester
W/5 Day
15 Meals
$856.00 856.00
856.00
856.00
948.00
856.00
966.00
948.00
856.00
966.00
948.00
948.00
948.00
948.00
966.00
948.00
W/7 Day
13 Meals
$872.00 872.00
372.00
872.00
964.00
872.00
982.00
964.00
872.00
982.00
964.00
964.00
964.00
964.00
982.00
964.00
W/7 Day
20 Meals
$888.00 888.00
888.00
888.00
980.00
888.00
998.00
980.00
888.00
993.00
980.00
980.00
980.00
980.00
998.00
980.00
70
96
166
299
133
316
432
422.00
404.00
312.00
1 Bedroom
2 Bedroom
5 - 15
$544.00
422.00
404.00
312.00
Rent for Month
$142.00* 161.00*
161.00* 182.00*
224.00*
336.00**
276.00**** 384.00***
7 - 13
W/5 Day, 15 Meals 6 weeks
$330.00
330.00
33.0.00
330.00
352.00
330.00
359.00
352.00
330.00
359.00
352.00
352.00
352.00
352.00
359.00
352.00
''"Includes utilities and television cable
** Includes utilities, television cable,
telephone in Gamer
Apartments only.
** Television cable only
7-20 5-15
$560.00 $576.00 $201.00
422.00
404.00
312.00
422.00
404.00
312.00
158.00
151.00
129.00
Average increase over 1980-81 - 22.7%
Average 9 month increase in dollars - $320.00 or $160.00 per semester
11
81-51
Upon motion of Regent Cullum, seconded by Regent Bowen, with all members voting aye, it was ordered that the University be authorized to issue orders to the following contractors:
Contractor Item Amount
Neva's Draperies, Nacogdoches Draperies $ 1,134.25
E FT I Cooperative, Dallas Living Room Seating $ Lamps
(Items 1, 2, and 3) 2,254.95
Abel Contract Furniture, Austin Living Room Seating P, Lamps
(Item 5) 274.00
Rockford Business Interiors, Austin Classroom P, Office Furniture
(Items 1 § 4) 3,771.84
Abel Contract Furniture, Austin Classroom § Office Furniture
(Items 2, 3, and 7) 2,250.86
Ridgway's Inc., Houston Drafting Furniture § Equipment
(Item 1) 3,301.02
A § E Products Co., Houston Drafting Furniture f, Equipment
(Item 2) ' 13,716.00
Keuffel § Esser Co., Houston Drafting Furniture fT Equipment
(Items 3, 4, and 5) 1,678.90
Ard's Home Furnishings, Inc. Living Room Furniture - Case-
goods and Tables 8,110.00
T0TAL $ 36,491.82
81-52
Upon motion of Regent Todd, seconded by Regent Cullum, with all members voting aye, it was ordered that the contract with Falcon Electric Company Incorporated of Dallas, Texas, for $189,050 for the construction of a Primary Electrical Extension Project, be approved and the Chairman of the Board be authorized to sign the contract.
12
THE AMERICAN INSTITUTE OF ARCHITECTS
AIA Document A101
Standard Form of Agreement Between Owner and Contractor
where the basis of payment is a
STIPULATED SUM
1977 EDITION
THIS DOCUMENT HAS IMPORTANT LECAL CONSEQUENCES; CONSULTATION WITH AN ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION
Use only with the 7976 Edition o/ AIA Document A201, General Conditions of the Contract for Construction.
This document has been approved and endorsed by The Associated General Contractors of America.
AGREEMENT
Hunde^°aVde Eignt^ne '^ °' Jm""» '" thS ^ °f Ni™te-BETWEEN the Owner: Stephen F. Austin State University
Nacogdoches, Texas
and the Contractor: Faicon Eiectric company, inc. P.O. Box 872
Addison, Texas 75001
The Project: Primary Electrical Extension Stephen F. Austin State University
The Architect: Love, Friberg & Associates, Inc. 1414 Oil & Gas Building
Fort Worth, Texas 76102
The Owner and the Contractor agree as set forth below.
A101-1977 1
13
ARTICLE 1
THE CONTRACT DOCUMENTS
The Contract Documents cons,st of this Agreement, the Conditions of (he Contract (General Supplementary and cuHon o°fnultl0AS)' C D,raT8S- /hC SPeciflcation5' a» Addenda issued prior to and ail Ldifica«onsTSsu« after exe Aceemen ',r ^.'Th '"I m * CoRlract' and a" are as fully a par, of the Contract as if attached to this Agreement or repeated herein. An enumeration of the Contract Documents appears in Article 7.
ARTICLE 2
THE WORK
The Contractor shall perform all the Work required by the Contract Documents for IHere msen the option descriptive ot the Work as used on other Contract Documents.)
Extension
ARTICLE 3
TIME OF COMMENCEMENT AND SUBSTANTIAL COMPLETION
The Work to be performed under this Contract shall be commenced upon written notice to proceed
and, subject to authorized adjustments, Substantial Completion shall be achieved no. later than l30 calendar (Here insert any spcoal provis.ons to, hquiducd dam^es rcliting to Uilure <o co/np/c.c on time.l
days from notice to proceed.
A101-1977 2
14
ARTICLE 4
CONTRACT SUM
dedu?ZsbvrLPnap 'n HConlractor 'n IcurreLnt funds for the Performance of the Work, subject to additions and deductions by Change Order as prov,ded m the Contract Documents, the Contract Sum of One Hundred Eighty-Nine Thousand, Fifty Dollars ($189,050.00) Hundred
The Contract Sum is determined as follows: rState here the base bid or other lump sum amoum. acccp.ed alienates, and unit pnees. as tpplicible.)
Base Bid
Alternate //I
Alternate //2
T0TAL
$174,740.00
8,860.00
5,450.00
$189,050.00
",'mo
ARTICLE 5
PROGRESS PAYMENTS
h h
feriS upon.)
No interest paid.
(Usury laws and requirements under th
AIA
©1977
- - -
e Owner's
'ice should
15
ARTICLE 6
FINAL PAYMENT
Final payment, constituting the entire unpaid balance of the Contract Sum, shall be paid by th* Owner to the Contractor when the Work has been completed, the Contract fully performed, and a final Certificate for Payment has been JSMiPfi hv thp Arrhite»r-J 7 been issued by the Architect.
ARTICLE 7
those Conditions.
MISCELLANEOUS PROVISIONS
*greement which are defined in the Conditions of the Contract shall have the meanings ditions
2ArHH6 (:°ntr,aCl Documer\ts, which const.tute the entire agreement between the Owner and the Contractor, are listed Article 1 and, except for Modifications issued after execution of th.s Agreement, are enumerated as follows-
^/T^^ "* — ,*, Speeds. ̂ >ny'
SPECIFICATIONS:
Advertisement for Bids
Information for Bidders
Instruction to Bidders (AIA Document A701) Description of the Work
Proposal Form
Standard Form of Agreement Between Owner & Contractor (AIA Document A101) rerrormance Bond
Payment Bond
General Conditions
General Conditions of the Contract for Construction (AIA Document A201) Supplementary General Conditions Base Bid and Alternates
Technical Specifications
PLANS:
Sheets E-l, E-2, E-3, E-4, E-5, E-6, and E-7
ADDENDA:
No. 1
No. 2
This Agreement entered into as of the day and year first written above.
OWNER CONTRACTOR
STEPHENS. AUSTIN STATE UNIVERSITY FALCON ELECTRIC COMPANY, INC.
. .^V, /// / /— By:
Chairman, Board of Regents of SFASU
AIA DOCUMENT A101 • OWNER-CONTRACTOR AGREEMENT • ELEVENTH EDITION • IUNE 1977 • AIA® ©1977 • THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE. N W[, WASHlicTON D. C 20006 A101-1977 4
16
PAYMENT BOND
THE STATE OF TEXAS
COUNTY OF NACOGDOCHES
' KNOW ALL MEN BY THESE PRESENTS: That we, Falcon Electric Company,
Inc., a Corporation of Addison, Dallas County, Texas, hereinafter called
Principal, and THE AMERICAN DRUGGISTS' INSURANCE COMPANY
of CINCINNATI , state of OHIO
hereinafter called the Surety, are held and firmly bound unto Stephen F.
Austin State University, hereinafter called Owner, unto all persons,
firms, and corporations who may furnish materials for, or perform labor
upon the building or improvements hereinafter referred to in the penal
sum of ONE HUNDRED EIGHTY-NINE THOUSAND, FIFTY DOLLARS ($189,050.00) in
lawful money of the United States, to be paid in Nacogdoches County,
Texas, for the payment of which sum well and truly to be made, we bind
ourselves, our heirs, executors, administrators and successors, jointly
and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION is such that whereas the Principal
entered into a certain contract with Stephen F. Austin State University, the Owner, dated the 24th day of January, A.D. 1981, a copy of which is hereto attached and made a part hereof for the construction of:
Primary Electrical Extension for
Stephen F. Austin State University,
Nacogdoches, Texas
NOW, THEREFORE, the condition of this obligation is such that, if the Principal shall promptly make payment to all claimants as defined in Article 5160 Revised Civil Statutes of Texas, 1925, as amended by House
Bill 344, Acts of the 56th Legislature, Regular Session, 1959, effective April 27, 1959, supplying labor and materials in the prosecution of the Work provided for in said Contract, then this obligation shall be null and void; otherwise, it shall remain in full force and effect.
1 of 3
This bond is made and entered into solely for the protection of all claimants supplying-labor and materials in the prosecution of the Work provided for in said Contract, and all such claimants shall have a direct right of action under the bond as provided in Article 5160, Revised Civil Statutes, 1925, as amended by House Bill 344, Acts of the 56th Legislature, Regular Session, 1959.
" PROVIDED FURTHER, that if any legal action be filed upon this bond venue shall lie in Nacogdoches County, State of Texas, and that the said Surety, for value received hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract
or to the work to be performed thereunder or the Specifications accompany ing the same shall in any wise affect its obligation on this bond, and it does hereby waive notice of any change, extension of time, alteration or addition to the terms of the Contract or to the Work or to the Specifications.
PROVIDED FURTHER, that no final settlement between the Owner and the Contractor shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied.
IN WITNESS WHEREOF, this instrument is executed in four (4) counterparts, each one of which shall be deemed an original, this the 24th day of January, A.D. 1981.
ATTEST:
Falcon Electric Co., Inc.
Principal
(Principal)/ Secretary"
SEAL ^ President
4109 Billy Mitchell Drive
Address Dallas, TExas 75234
PAYMENT BOND
2 of 3
ATTEST:
(Surety) Secretary
c iTrn, 7 I Witness as to Surety
8300 Douglas Ave, Suite 700
Address Dallas, Texas 75225
THE AMERICAN DRUGGISTS
18
E COMPANY
At/torney-in-Fact
James N. Powers
' PAYMENT BOND
3 of 3
19
PERFORMANCE BOND •
THE STATE OF TEXAS *
COUNTY OF NACOGDOCHES
. KNOW ALL MEN BY THESE PRESENTS: That we, Falcon Electric Company,
Inc., a Corporation of Addison, Dallas County, Texas, hereinafter called
Principal, and THE AMERICAN DRUGGISTS' INSURANCE COMPANY
of CINCINNATI f gtate Qf 0HI0
hereinafter called the Surety, are held and firmly bound unto Stephen F.
Austin State University, hereinafter called Owner, in the penal sum of
ONE HUNDRED EIGHTY-NINE THOUSAND, FIFTY DOLLARS (§189,050.00), in lawful
money of the United States, to be paid in Nacogdoches County, Texas, for
the payment of which sum well and truly to be made, we bind ourselves,
our heirs, executors, administrators and successors, jointly and severally,
firmly by these presents.
THE CONDITION OF THIS OBLIGATION is such that whereas the Principal entered into a certain Contract with Stephen F. Austin State University, the Owner, dated the 24th day of January A.D., 1981, a copy of which is attached hereto and made a part hereof for the construction of:
Primary Electrical Extension for
Stephen F. '.Austin State University,
Nacogdoches, Texas
herein called the "Work".
NOW, THEREFORE, if the Principal shall well, truly and faithfully perform the Work in accordance with the Plans, Specifications and Contract Documents during the original term thereof, and any extensions thereof which may be granted by the Owner, with or without notice to the Surety and, if he shall satisfy all claims and demands incurred under such Con tract, and shall fully indemnify and save harmless the Owner from all
costs and damages which it may suffer by reason of failure to do so, and shall reimburse and repay the Owner all outlay and expense which the Owner may incur in making good any default, then this obligation shall be void; otherwise to remain in full force and effect.
1 of 3
20
NOW, THEREFORE, if the Principal shall repair any and all defects
in said work occasioned by and resulting from defects in materials fur
nished by, or workmanship of the Principal in performing the work covered
by said Contract, occurring within a period of twelve (12) months from the date of the Contract Completion Certificate, then this obligation
shall be null and void, otherwise to remain in full force and effect.
PROVIDED FURTHER, that if any legal action be filed upon this bond
venue shall lie in Nacogdoches County, State of Texas and that the said Surety,
for value received hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract or to the Work to be performed thereunder or the Specifications accompanying the same shall in any wise affect its obligation of this bond, and it does hereby waive
notice of any such change, extension of time, alteration or addition to
the terms of the Contract or to the Work or to the Specifications.
PROVIDED, HOWEVER, that this bond is executed pursuant to the pro
visions of Article 5160 of the Revised Civil Statutes of Texas as amended
by Acts of the 56th Legislature, 1959, and all liabilities on this bond shall be determined in accordance with the provisions of said Article to the same extent as if it were copied at length.
IN WITNESS WHEREOF, this instrument is executed in four (4) counterparts, each one of which shall be deemed an original, this the 24th day of January, A.D. 1981. )9
ATTEST:
Falcon Electric Co., Inc.
Principal
BY
(Principal) Secretary
" F. Jenkins, Jr. President
SEAL
Witnesses to Principe
4109 Billy Mitchell Drive
(Address) Dallas, Texas 75234
PERFORMANCE BOND
2 of 3
ATTEST:
(Surety) Secretary
c=i Witness as to Surety
8300 Douglas Ave. Suite 700 Address n ,,
Dallas, Texas 75225
21
THE AMERICAN DRUGGISTS' INSURANCE CO. Surety
orney-m-Fact
James H. Powers
WE 700
Tel. (214) 9S7-2100 '- d 0
PERFORI^ANCE BOND
3 of 3
POWER OF ATrORNEY POWER NUMBER
™ ™CAN DRUGGISTS'. INSURANCE COMPANY sp No fionsoo 800 American Building • Cincinnati, Ohio 45202 • 513 • 721-42"'O O~ 1^. OOUO&O
William D. Birdsong, Tomi Phillips, Tom P. Ellis, James N. Powers, or Willard Crotty c nal, _
J -r Dallas. Texas
p?p^SS^ritff?«^^S^S^^»v
One Hundred Eighty Nine Thousand (inline THIS POWER VOID IF ALTERED OR eLs^DOr'.F■ fSS UMBER \! NOT IN BLUE INK.
(This power does not authorize the execution of bonds for loan, financial or bank guarantees)
n bmdme "■""the Company"l
All authority hereby conferred shall expire and terminate, without notice, unless used before midnight of July
—1 , 19_81 but until such time shall be irrevocable and in full force and effect.
IN WITNESS WHEREOF, the said THE AMERICAN DRUGGISTS' .NSURANCE COMPANY has caused these presents to be execut-
ed by its officer, with its corporate seal affixed, this date of C_JV2^C cP^ , o
THE AMERJCAN DRUGGISTS' INSURANCE COMPANY
STATE OF OHIO
COUNTY OF HAMILTON
My commission expires: January 15, 1985
Notary Public
23
81-53
Upon motion of Regent Todd, seconded by Regent Bowen, with all members voting aye it was ordered that the Agreement for $45,000.On with Texas Power and Light Company for the installation of a 15 KV Oil Circuit BrLker and certain related equipment in the University electrical substation be ' approved and the Chairman of the Board be authorized to sign the contract.
24
1511 Bryan Street • P.O. Box 226331 • Dallas, Texas' 75266
joe m. nelson January 12, 1981 VICE PRESIDENT
Mr. C. G. Haas, Vice President Fiscal Affairs
Stephen F. Austin State University Nacogdoches, Texas 75961
Dear Mr. Haas:
This letter of Agreement is in response to your reouest that Tpv^ Power & Light Corrpany provide and install a 12.5 KV ol^ircuit brSer including the potheads on the load side of the circuit brSSr at Si Stephen F. Austin State University substation in NacogdocS
oil ciSi/SS/ ^ COnpanY h8reby agrees to ^sta11 the 12.5 KV Sill nlv S 5 I aS Y°U re3uested- Stephen F. Austin State University SlS faS ̂ T& Llght COnpanY ^ actual ««t of the work and
ThiS COSt is ^^tly estimated to be L^ f of any
°f ^ Agreentent' Texas Power & Light Corrpany will P^SUS necessary Planning, material purchasing, and
inSta^ •SUCh facilities • ^ is estimated that of acc^nif S riS accoirPllshed ^thin six (6) months from date feiiSS^2;fo^xas ̂ T& Llght Company sha11 not be iiabie for to wS^h2 5S?T' °r ^^Y3.^ Performance under this Agreement due s^rlctSns Zt Z' lnablllt^ to Procure material, governmental re-SSS Z TT* ̂ ̂ u reqUSSt °f StePhen F' Austin state
re^tory a^-l, or for
Final payment of costs under the terms of this Agreement shall h<=> rf? £ Stephen F. Austin State University upon recent o??exas Power ^e1aidC2SSLStSrCe f°r Sa^ tO ^ SUtadtted ^ -^etionTf
heremder ^ P3^16 at Company's offices in Dallas
25
Mr. C. G. Haas, Vice President
Stephen F. Austin State University January 12, 1981
Page 2
It is expressly understood that this Agreement, the consideration and Texas Power & Light Company's performance hereunder may be altered or affected by actions of regulatory authorities which exercise juris diction over Texas Power & Light Company's rates, services and operations, and therefore, this Agreement is subject to such regulatory authority.
If the foregoing meets your full understanding and approval, please sign a copy of this letter and return it to the undersigned.
Yours very truly,
^1
Vice President
JMNelsonrbdg
ACCEPTED: Stephen F. Austin State University
BY:
26
81-54
Upon motion of Regent Todd, seconded by Regent Bowen, with all members voting aye, it was ordered that the following budget for the Primary Electrical Extension Project be approved:
Falcon Contract $ 189,050.00
TPF,L Contract 45,000.00
Engineering Fees 23,850.00
University Costs 3,000.00
T0TAL $ 260,900.00
Source of Funds:
Ad Valorem Tax Funds 248,400.00
Education and General 12,500.00
$ 260,900.00
81-55
Upon motion of Regent Perkins, seconded by Regent Todd, with all members voting aye, it was ordered that the Board endorse the University's
proposal to seek support of and to establish a Governor's School of Texas for exceptional high school juniors and seniors, as detailed in the Special Report given by President Johnson pertaining thereto.
Meeting adjourned at 10:30 a.m.
27
MISCELLANEOUS INFORMATION
B°ard °f Regents ^ President
a) Governor's School of Texas
b) Report on Legislation of Appropriations for the fiscal years 1982 3.T1Q 1983
c) Report on the federal court ruling pertaining to the state wide college enrollment of minorities.
2. Dates set for the next meetings are:
April 17 - 18, 1981
July 24-25, 1981
3. The Chairman of the Board appointed a nominating committee - Regents Cullum, Todd, and Bryce