The Indiana State sentinel. [volume] (Indianapolis) 1868-1895, 1878-04-17
The Contract Between the Board OF State
House Commissioners and Archi-
tect May Signed.
The Architect Allowed Two Per Cent. on the
Actual cost-Tne work VIII Doubt
less Be Soon Begun.

These ARTICLES of agreement, made this l1tn
day OF APRIL 1878, in pursuance OF tne PI9viis-
ions of an act of the general assembly OF the
state of Indiana, approved March IA, Ioti, en-
titled "An act to authoriz re ana provide LOT
the erection of a new state house, ana Tor mat
terS incident thereto by and between the
board ofstate house com misSioners, appointed,
qualified and acting as such board PuI ,sl 70
the provisions of said act, party OF the nrst
part, and Edwin May, of the city OF lnolahap-
oils, architect, party of the second part:
Witness hat said board OF commissioners
having duly advertised for plans for the cree
ton of said state house, and having re-
ceived divers plans, specifications ana esu-
mates from divers architects, and having
examined all the same, as provided Ior IN said
act have selected and adopted the plan sub
united by SAID Edwin May, designated by the
motto "Lucidus Ordo.
1t is agreed, promised and covenanted by
SAID party of the second part in consideration
of the greements and covenants OF said party
of the first part hereinafter set forth that
he does hereby make over to said board OF
commissioners as the property OF the state of
Indiana said plan with all accompanying
drawings, specifications, directions and estl-
mates, and that he will IN like manner FURNISH
and make over to said board OF commissioners
as the property OF the state as soon as pre-
pared all other plans, drawings, specifications.
directions and estimates that may hereafter
de made by him relating TO the construction
of said new state house.
will fully and faithfully perform all ana
singular the duties of supervising archltect In
the erection of said state house, furnishing
all plans, specifications, drawings, directions
and estima tes necessary, proper or useful
I'm The erection OF EalO DullulUg a. tllC ooiht
may be needed or required, prepared in q skill
full and competent manner and that he Will
perform all and singular the duties OF super super
YiSing architect until the entire completion
of said building in whole and in all It's parts
and details ready for occupancy, TO the Salts
faction OF said board OF commissioners
And the party of the first part agrees 10 eln-
plOy a competent superintendent during the
time said building is in process of actual con-
shall qualify and give bond SIS may De pre-
scribed by ssid board of commissioners, ana
1,ssTIl n.sdh x-S
Said party of the second part guarantees that
each and every part OF The said new state
house shall be perfect and complete IN
itself, and sufficient TO accomplish the
purpose for which 10 is intended
as fully and completely as il is made to appear
or is represented in his plans or declarations.
and that his plans, drawings and specifications
shall be perfect and complete for the purposes
designed and intended. ana mat Sald building
can be fully completed as whole and In every
part for and within the price and cost esti-
estimates: and that no extra work or materials
shall be necessary to fully complete the build
ing more than his estimates set forth, and
should any such extra work materials be
required that he will do such work and fur
nish such materials at his own cost and finish
the work complete for the price estimated by
him as architect unless such extra work and
materials shall become necessary by means of
some change modification of plan TO be
hereafter made by said board or by direction
of the legislature.
And it Is agreed ard understood that said
party OF the second part, whenever he may
object to any materials or work in the erection
of said building, shall fl e his protest in writ
ing with said board of commissioners, setting
forth his objections and reasons therefor, IL
being understood that said party of the second
the use OF all materials and labor, except
when his written protest has been nled as
above provided for.
It is expressly agreed that the right is re-
served to said board of commissioners and
also TO the legislature. at any time or times
during the Progress OF the WORK TO make any
tiOnS, of the said plan and specifications Of
said Edwin May, adopted as aforesaid, as in
the Judgment OF said board OF commissioners
or of the legislature, may be found necessary,
expedtent or desirable, and in any and
every case where such change or
modi6cation shall be- so deemed necessary. ex
pedient or desirable, said party of the second
part shall, whenever so required by said board
of commissioners, prepare and submit plans,
drawings, specifications and estimates OF cost
of any such change or changes, modification
or notifications, and for the sufiiciency ana
correctness of the same said party OF the sec
ond part hereby agrees to be and shall be re-
sponsi6le to the same extent as though the
same had been embraced originally IN his
plans, drawings specifications and estimates
adopted as Aforesaid.
Together with such plans drawings specifi-
cations and estimates of any such change or
modification, said Edwin May, architect, shall
also snow IN writing III what portion or
embraced or contemplated in said Origi-
nal plan viii be superseded or dispensed
together with a detailed estimate ofthe cost of
such labor and material so superseded or dis
All plans, specifications and estimates of
notifications or changes and of work
and material embraced or contemplated
in the said original plans, but superseded
or dispened with as aforesaid, shall be so
made by said supervising arch tect as that said
board of commissioners will be able TO decide
InteIligently as to the effect that would thereby
be produced upon the ultimate aggregate cost
of said proposed new state house.
But IL Is further expressly agreed and under
stood that no such change or changes, modffi-
cation or notifications of plan shall be made
state house TO exceed the sum Of two million
(2,OO0.0OO) dollars.
Is iurtner agreed That II preparatory
time or for my purpose IL shall, in the opin-
ion Of the board, be necessary, expedient or
tiVnal estimates the ty of the second pa
shall, upon deman epare and submit le
same to the board And further that lie will
from time to time, as the work progresses and
whenever the same becomes necessary, fur
nish to the board the proper working drawings
1t is agreed that the said party of the second
part shall receive in consideration for his
plans, drawings, specifications, estimates and
all his services as architect and supervising
architect sum equal two t2) per centum OF
the actual cost OF said building, provided, how
ever, that said per centum shall not in any
case be computed on a sum greater than s., Co.,
Oo0 and it being understood that of, and as a
part Of said two per centum, the sum of So 900
shall be paid to the party of the second
part In consideration and as compensation for
mates prepared and submitted, aud hereafter
to be prepared and submitted to said board of
commissioners, said six thousand dollars shall
be paid out Of the first moneys in the state
treasury for stare house purposes that in the
Judgment of the board of commissioners can
be properly applied to such purposes.
The resid1e Of said commission shall be paid
upon quarterly estimates of work done, pro-
portiOnately as the work proceeds. AS a stand
ard for estimating approximately the amount
of each proportionate quarterly payment it
shall be assumed that the entire cost OF the
state house will be 81 800 coo, and that therefore
said $500, when paid, VIII be payment
of One-siKth In amount of said Mays
commission. The amount therefore of each
quarterly payment shall'be five-sixths of two
per centurn of said estimate of work done
But when the actual cost of the building shall
be known, final settlement shall be made
upon that basis, and not upon the assumed
cost aforesaid.
All such quarterly estimates shall be subject
TO the approval of the board.
The party OF the second part agrees that in
all cases he will submit to and be bound and
concluded by the decisions OF the board as to
what constitutes his duties architect and
supervising architect, and the board shall
hay hQr ouuor tn dnCff ~ tn a MI draxu