On the agenda: Greenfield meeting — data center (Mar 3)
Past ⚠ Agenda Watch Greenfield, Indiana · Tuesday, March 3, 2026 — 6 months ago
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The published agenda for this March 3 meeting contains: "data center". The meeting has passed; the record and its outcome live here permanently.
Check the agenda document for the meeting time.
The agenda, word for word
Government public record — the full text of the published document, archived September 6, 2026. Gold highlighting of key terms is ours, not the original’s. Read the original document ↗
Hancock County Commissioners Meeting
Commissioners Court, Hancock County Annex
111 American Legion Place
Greenfield, Indiana
March 3, 2026
Meeting begins at 8:00 AM
HANCOCK COUNTY
BOARD OF
COMMISSIONERS
4-YEAR TERMS:
DISTRICT 3:
Bill Spalding
1/1/2025-12/31/2028
DISTRICT 2:
Gary McDaniel
1/1/2023-12/31/2026
DISTRICT 1:
Jeannine Gray
1/1/2025-12/31/2028
Audio Video Message
Pledge of Allegiance
Approve minutes for 2/17/2026
Drainage Board
Chad Coughenour
Highway Update
Gary Pool
Liability Insurance Renewal
Brian Brees
County Farm Bid Q&A
HWC Engineering & MS Consultants, Inc.
Boys & Girls Club- Emergency Funding
David Elser
Courthouse Windows & Doors Proposal
Don Higgins
UPS Battery Project/OOS Travel
John Jokantas
Window tint
Marcia Moore
Probation- Contract Termination
Nick Layman
Solid Waste Management District
Dede Allender
NineStar Park Name Change
Miriam Rolles
Public Comment: Open after all formal business has concluded
Commissioners’ Action Items:
1.) Approve Claims and Payroll
2.) Auditor Business
3.) Facility: Resurgent Elevator invoice- Emergency Repair at Courthouse
4.) Board Appointments
5.) Amplify: Change Order #7
6.) Amplify: Disbursement #22
View meeting videos at https://www.youtube.com/playlist?list=PL8UKyFP9Zi9N_yfAX07i58h7yqGNfVOu5
View meeting minutes at https://www.hancockin.gov/AgendaCenter
Accommodation requests related to a disability should be made 10 days prior to meeting.
Contact Hancock County Auditor Debra Carnes – [email protected]
Hancock County Board of Commissioners
Regularly Scheduled Meeting
February 17th, 2026
Commissioner President McDaniel called to order the February 17th, 2026, Hancock County
Commissioners Board meeting at 8:00 AM. Those present were Board of Commissioners, Gary
McDaniel, Jeannine Gray, Bill Spalding, Auditor Debra Carnes, Executive Liaison Sara
Hilderbrand, and County Attorney Scott Benkie.
Audio and video recording statement.
President Spalding opened the meeting with the “Pledge of Allegiance”.
Commissioner Gray motioned to approve meeting minutes for 1/20/2026 and 2/3/2026 as
presented. Commissioner Spalding seconded. Motion carried 3-0.
Highway
Commissioner Gray motioned to accept the LPA Consulting Contract between Hancock County,
Indiana and SJAC, Inc. for Des# 2201632, Bridge Replacement of Hancock County Bridge No. 24,
CR 900 N over Sugar Creek, in Hancock County, Indiana in the amount NTE $29,530.
Commissioner Spalding seconded. Motion carried 3-0.
Commissioner Gray motioned to approve Amendment No. 1 to the subcontract between Hancock
County (LPA) and EMCS, INC. (Consultant) for Des# 2201631, Hancock County Bridge No. 48
Replacement in the amount NTE $27,470. Commissioner Spalding seconded. Motion carried 30.
Commissioner Gray motioned to give a favorable recommendation to RDC on the Memorandum
of Understanding Between Buck Creek Township and Hancock County Redevelopment
Commission (HRDC) Regarding Fire Protection Funding (2027-2029). Commissioner Spalding
seconded. Motion carried 3-0.
Facility
Commissioner Gray motioned to accept the proposal from PDF Mechanical for the Community
Corrections water heater in the amount NTE $71,110. Commissioner Spalding seconded. Motion
carried 3-0.
Commissioner Gray motioned to approve the invoices 12626-2 and 12526-1 from V. Feeny Inc.
for extra snow removal in the amounts NTE $5,902.50 and $5,650. Commissioner Spalding
seconded. Motion carried 3-0.
Commissioner Gray motioned to approve the invoice from Resurgent Elevator in the amount NTE
$298,903.92 for the elevator and give a favorable recommendation to Council for the approval of
the 50% deposit. Commissioner Spalding seconded. Motion carried 3-0.
Commissioner Gray motioned to accept Change Order #3 from Envoy for the Community
Corrections Project in the amount NTE $178,238.00. Commissioner Spalding seconded. Motion
carried 3-0.
Harmon & Bills Major Subdivision
Commissioner Gray motioned to accept the 70ft half Right-of-Way on Harmon & Bills Major
Subdivision. Commissioner Spalding seconded. Motion carried 3-0.
Scott Casto Minor Subdivision
Commissioner Gray motioned to accept the 35ft half Right-Of-Way on Scott Casto Minor
Subdivision. Commissioner Spalding seconded. Motion carried 3-0.
Board of Commissioners recessed at 8:38 AM.
Board of Commissioners called back to order at 8:42 PM.
Planning Department
Commissioner Gray motioned to approve the Legal Services Agreements between Hancock
County, Indiana and Brand & Morelock, Attorneys-at-Law for the Hancock County Area Wide
Plan Commission and the Hancock County Area Wide Board of Zoning Appeals in the amount
NTE $250/hr. as presented. Motion carried 3-0.
Manship Estates Lot 4
Commissioner Gray motioned to approve the request to modify a driveway easement on Manship
Estates, Lot 4 Parcel# 30-02-15-400-045.040-016 moving it from the southern portion of the lot to
a more central location as presented. Commissioner Spalding seconded. Motion carried 3-0.
Behavioral Health
Commissioner Gray motioned to approve the BHC Probation Officer status to stay intact.
Commissioner Spalding seconded. Motion carried 3-0.
Outback Storage Rezone
Commissioner McDaniel motioned to approve the recommendation keep the rezone as is with the
stipulation that all fines must be paid and that the fines are doubled. Commissioner Gray seconded.
Commissioner Spalding voted no. Motion carried 2-1.
Commissioner Gray motioned to introduce Ordinance 2026-2G an Ordinance Amending Hancock
County Zoning Ordinance No. 2007-1B, Title XV, Chapter 156. Zoning of the Hancock County
Code of Ordinance and to suspend the rules on the date of introduction. Commissioner Spalding
seconded. Motion carried 2-1.
Commissioner Gray motioned to adopt Ordinance 2026-2G an Ordinance Amending Hancock
County Zoning Ordinance No. 2007-1B, Title XV, Chapter 156. Zoning of the Hancock County
Code of Ordinance as presented. Commissioner McDaniel seconded. Commissioner Spalding
voted no. Motion carried 2-1.
Commissioner Gray motioned to rescind her previous motions. Commissioner McDaniel seconded.
Motion carried 3-0.
Surveyor
Commissioner Gray motioned to accept the Professional Services Proposal from Christopher B.
Burke Engineering, LLC for 2026 Ongoing SW2 in the amount NTE $20,000. Commissioner
Spalding seconded. Motion carried 3-0.
Chad Coughenour made the Board of Commissioners aware that he reappointed Dean Fout to the
Hancock County Plan Commission for another term.
Goodin Rezone
Commissioner Gray motioned to introduce Ordinance 2026-2G an Ordinance amending Hancock
County Zoning Ordinance No. 2007-1B, Title XV, Chapter 156. Zoning of the Hancock County
Code of Ordinances and to suspend the rules on the date of introduction. Commissioner Spalding
seconded. Motion carried 3-0.
Commissioner Gray motioned to approve Ordinance 2026-2G an Ordinance amending Hancock
County Zoning Ordinance No. 2007-1B, Title XV, Chapter 156. Zoning of the Hancock County
Code of Ordinances. Commissioner Spalding seconded. Motion carried 3-0.
Amplify
Commissioner Gray motioned to accept the Equipment Sales Agreement from Nelson Alarm to
add equipment and monitoring at the Amplify Building in the amount NTE $500 for equipment
(one-time fee) and $35/month for monitoring. Commissioner Spalding seconded. Motion carried
3-0.
Weights & Measures
Commissioner Gray motioned to pay the remaining balance of $8,398.99 for the Weights &
Measures equipment and trailer out of Food & Beverage, Misc Commissioner Expense line as
presented. Commissioner Spalding seconded. Motion carried 3-0.
Amplify Continued
Commissioner Gray motioned to approve construction fund disbursement #21 in the amount NTE
$15,539.05. Commissioner Spalding seconded. Motion carried 3-0.
Sheriff
Commissioner Spalding motioned to accept the Sheriff’s Equitable Sharing Report and
Certification. Commissioner Gray seconded. Motion carried 3-0.
Public Comment
Charles E. Cook, county resident would like to know where the proposed data center is going to go
at 600W and 100N. He wanted the public to be aware of the proposed data center.
Commissioner Gray motioned to adjourn until the next regularly scheduled meeting. Commissioner
Spalding seconded. Motion carried 3-0.
The Hancock County Board of Commissioners meeting adjourned at 9:26 AM.
___________________________________ ____________________________________
Commissioner Gary McDaniel, President
Commissioner Jeannine Gray, Vice-President
___________________________________ Attest: _______________________________
Commissioner Bill Spalding
Debra Carnes, Hancock County Auditor
3 MAR 26 Commissioners’ Meeting
•
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•
•
•
•
•
•
Signatures
- Strand ROW Amendment 1. ROW 2301625 increase $414,210 to $533,460.
Approved 2 Prosecutor and Old jail COs $40k
•13MAR26 turnover.
Are we going to extend HCSS in 2027? Will need to start contract work.
Finishing B-10 and F-10 for HCSS
HCSS needs new procurement. Are we OK with continuing the service?
Working to rescue 900N/600W RAB.
Indiana Trails program Grant. Being covered at special meeting.
•Submitted. Now working first event in 2027. Keely engaged on project.
•If we don’t get grant not sure about parks effort at this time. May want to hibernate it.
Bridges on 300S and 400S closed this winter.
•On schedule for late spring opening.
Need Exec meeting on development.
Bids for Distributor, 1axle, will go out this month.
Road school on 16th to 18th so I will be out that commissioners meeting. HC doing 2 presentations.
Civility-Reason-the Greater Good
SCOPE OF SERVICES AND FEE PROPOSAL
Date:
February 19, 2026
Project:
Window & Door Replacement
Hancock County Courthouse
Greenfield, IN 46140
Owner:
Hancock County Commissioners
Hancock County Annex-Commissioner’s Court
111 S. American Legion Place
Suite 101
Greenfield, IN 46140
Architect:
The Etica Group, Inc.
8720 Castle Creek Parkway East Drive
Suite 400
Indianapolis, IN 46250
1|Page
Hancock County Courthouse, Greenfield IN
Hancock County Commissioners
1.0
Window & Door Replacement
Scope and Fee Proposal
Background, Description of Project, and Scope of Services
1.1
Background:
Mr. Don Higgins has made a site visit to the courthouse and met with Mr. Cory Taylor to
review the scope of the project. Mr. Higgins did a site walk with Mr. Taylor. He
photographed a couple of interior windows on each floor to get a general sense of the
window’s interior appearance. He also took general photos of the exterior. Furthermore,
Etica performed a cursory review of electronic drawings in their office.
1.2
Project Description:
The scope of work, as Etica understands it, is to replace all windows in the building due
to ageing and to increase thermal performance. Additionally, Etica will evaluate the
exterior doors, frames and hardware to determine either repair or replacement of the
existing systems. Etica will provide design services resulting in contract documents
(drawings and specifications) and assist with contractor bid oversight and
recommendations, contractor submittal review, construction oversight, and project close
out. An outline of Etica’s detailed services is below.
1.3
Scope of Services:
Provide design and architectural services for the replacement of all (approximately 170)
windows of varied sizes, shapes, and combinations with double hung, energy efficient,
aluminum-clad wood windows consistent with the original historical windows. Exterior
doors, frames and hardware (total of 4 entrances) to be evaluated to determine whether
repair or replacement is most viable.
1.3.1
Pre-design services to measure and document construction around the
existing windows and exterior doors.
1.3.1.1 Three (3) total site visits.
1.3.1.2 Field Work to measure the existing windows and doors.
1.3.1.2.1 Measuring and photo documentation.
1.3.1.2.2 Cost of lift for one day.
1.3.1.2.3 Cost of operator for one day.
1.3.1.3 Selective demolition to document typical construction around the
existing windows.
1.3.1.3.1 Coordination of selective demolition of casing around
two or three windows by County maintenance staff.
1.3.1.3.2 Measure and photograph the existing head, jamb, and
sill conditions.
1.3.1.3.3 Measure and photograph existing doors, frames, and
hardware.
1.3.1.3.4 Inventory existing hardware conditions included ADA
operators and access control.
1.3.1.4 Review options for door, frame and hardware replacement.
Determine direction that aligns with the proposed budget.
1.3.1.5 Design schedule.
1.3.1.6 Establish pre-liminary budget.
2|Page
Hancock County Courthouse, Greenfield IN
Hancock County Commissioners
Window & Door Replacement
Scope and Fee Proposal
1.3.2
Design Development and Construction Documents
1.3.2.1 Design services that will result in a set of contract documents
(drawings and specifications).
1.3.2.1.1 Site Plan.
1.3.2.1.2 Demolition Plan & Existing Window and Door Details.
1.3.2.1.3 Floor Plan & Roof Plan.
1.3.2.1.4 Exterior Elevations.
1.3.2.1.5 New Window and Door Condition Details.
1.3.2.1.6 Window and Door Schedules.
1.3.2.1.7 Window and Door Types.
1.3.2.1.8 Meet with County to review door hardware and
coordination with access control requirements.
1.3.2.1.9 Specifications
1.3.3
Bidding Assistance services during the bid process
1.3.3.1 Two (2) total visits.
1.3.3.2 Upload bidding documents to distribution site for public bid.
1.3.3.3 Pre-bid meeting.
1.3.3.4 Attend bid opening.
1.3.3.5 Recommendation for award of work.
1.3.3.6 Request pre-contractual documents from successful bid contractor.
1.3.4
Pre-Construction Administration services during the preconstruction
1.3.4.1 Three (3) total visits.
1.3.4.2 Review window submittals, product literature, and shop drawings.
1.3.4.3 Review of contractor’s preliminary window mockups.
1.3.4.4 Attend preconstruction meeting prior to the start of work with the
Owner and Contractor.
1.3.5
Construction Administration during construction
1.3.5.1 Ten (10) total site visits during construction.
1.3.5.2 Conduct bi-weekly construction progress meetings.
1.3.5.3 Provide periodic construction observation reports during
construction, six (6) total.
1.3.5.4 Meet with County to review door hardware and coordination with
access control requirements.
1.3.5.5 Review and respond to pay applications and RFI.
1.3.5.6 Conduct four (4) periodic written punch lists of work that needs
completed or corrected.
1.3.5.7 Review close-out documents submitted by the contractor.
2.0
Not Included in this proposal:
2.1
Electronic access control.
3.0
Deliverables:
3.1
Design Schedule.
3.2
Design Development documents with opinion of probable construction cost.
3.3
Construction Documents.
3.4
Construction observation reports and punch lists.
3|Page
Hancock County Courthouse, Greenfield IN
Hancock County Commissioners
4.0
Project Schedule:
4.1
Notice to Proceed
4.2
Final Construction Document Review
4.3
Project Bidding
4.4
Pre-bid Meeting
4.5
Bid Opening
4.6
Pre-Construction & Windows lead time
4.7
Construction (estimate)
Window & Door Replacement
Scope and Fee Proposal
Week 1
Weeks 10
Weeks 11-14
Week 12
Week 14
Weeks 15-30
Weeks 31-46
5.0
Assumptions: If services and scope of services materially change from the scope noted
herein, Etica reserves the right to submit a change notice for approval by the Client. The
Client shall approve all changes in the scope of services in writing prior to the
commencement of said work.
6.0
Information provided by Owner:
6.1
Access to the site to complete any necessary additional investigative work.
6.2
Access to archives, which includes drawings, specifications, and record drawings.
6.3
Contact for access control / security vendor.
6.4
Bid Advertisements.
7.0
Compensation:
For professional services rendered as described herein, the compensation for Etica shall
be a lump sum fee of $109,550.00. The fee is based on ten (10) visits to the project site
during construction and includes reimbursement of mileage and travel time. If additional
trips to the site are required, Etica shall be compensated on an hourly basis, based on
Etica’s current 2026 Standard rates plus reimbursable expenses for mileage based on
current federal rates.
Etica will submit invoices by the 10th day of each month for the portion of the task
completed with invoice payments due to Etica. Unless Client provides Etica with a
written statement of any objections to the billing within fifteen (15) calendar days of
receipt, Client shall be deemed to have accepted the billing as submitted.
This proposal is good from 90 days from the date of this proposal.
8.0
Notice-to-Proceed:
Client authorizes on ____________________________ for The Etica Group, Inc. to
proceed with the Scope of Work outlined in this Proposal. Etica will begin this project as
soon as a Notice to Proceed is received from Hancock County Government (email or
via mail). Please direct any technical questions to Don Higgins, AIA at 773-983-0937 or
[email protected]
_________________________
Client (Signature)
__________________________
Architect / Engineer (Signature)
_________________________
Printed Name and Title
Jessica A. Nickloy, CEO
The Etica Group, Inc.
Printed Name and Title
_________________________
Printed Name and Title
The Etica Group, Inc.
Printed Name and Title
4|Page
Hancock Co. Courthouse
Window/Door Replacement
Preliminary Construction Cost Opinion
Etica Project No: 250026
Date: February 19, 2026
By: Toby Winiger, AIA
Boone Co. Courthouse
West Elevation
East Elevation
South Elevation
North Elevation
Tower Openings
Total openings
Johnson Co. Courthouse
Construction Cost>> $
1,393,260
Cost per window>>
$
7,219
Construction Cost>> $
1,091,597
Cost per window>>
$
5,198
$
327,475
Cost per door>>
$
27,290
Windows only $
764,122
Est. cost per window
$
6,500
Est. cost per door $
27,500
32
31
50
56
24
193
less doors
Basement
First floor
Second floor
Third floor
Attic
Total openings
20
24
39
32
32
147
Hancock Co. Courthouse
South elevation
West elevation
East elevation
North elevation
Total windows
Subtotal window replacement
Total doors
Subtotal door replacement / repair
Subtotal Construction Cost
Architect / Engineering Fees
Contingency (15%)
Project Budget
Preliminary Project Budget
36
41
38
55
170
$ 1,105,000
8
$
220,000
$ 1,325,000
$ 109,550
$ 198,750
$ 1,633,300
Hancock Co.
1
Certified WBE / DBE
Effective Dates: 1/1/2026-12/31/2026
Labor Category
Billing Rate
Architectural Designer
CAD Designer
CAD Technician
Principal
Clerical Services
Crew Chief
Inspector
Intern
Director
Project Engineer/Architect
Project Manager
Project Supervisor/RPR
Project Surveyor
Sr. Project Engineer/Architect
Sr. Project Manager
Utility Coordination
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
140.00
150.00
145.00
280.00
100.00
165.00
150.00
80.00
250.00
170.00
200.00
155.00
180.00
210.00
230.00
175.00
Hancock County Claims Data Summary
Hancock County Commissioners Meeting: March 3, 2026
Presented by: Brian Brees- WalkerHughes Insurance
Claims Reporting Dates: 3/11/2025 – 02/17/2026
Loss Run Claims Totals (Auto, GL, Professional):
• Total Claims Reported: 51
• Total Incurred: $130,178.21
• Total Paid-to-Date: $34,679.08
• Total Reserves: $100,499.13
Self-Insured Claims Under $25,000:
• Additional Paid Outside TPA: $79,924.01
• Includes Sheriff’s Office and General Liability minor incidents
Combined Financial Summary:
• Total Combined Paid (Loss Runs + Self-Insured): $114,603.09
• Total Combined Incurred (Reported + Self-Insured): $210,102.22
HANCOCK COUNTY COMMISSIONERS RENEWAL TOTALS 3/11/2026- 3/11/2027
COVERAGE
PACKAGE- (SIR) LIABILITY
COMMERCIAL PROPERTY
INLAND MARINE
UMBRELLA
WORKERS COMPENSATION
CYBER
CARRIER
LLOYDS
FEDERAL INSURANCE
FEDERAL INSURANCE
GENESIS - EXCESS LIABILITY
IPEP
CFC
RENEWAL DATE
3/11/2026
3/11/2026
3/11/2026
3/11/2026
3/11/2026
3/11/2026
TOTAL:
AMPLIFY BUILDING/BPP
ESTIMATED PREMIUM
25-26 PREMIUM
$448,181
$199,173
$16,470
$268,550
$242,534
$22,293
$1,197,201
FEDERAL INSURANCE
6/1/2026
26-27 PREMIUM
DIFFERENCE
$495,357
$47,176
$206,399
$7,166
$19,172
$2,702
$288,025
$19,475
$224,024
-$18,510
$27,752
$5,449
$1,260,729
$63,458
$65,000
N/A
$1,325,729
Appearance Request and Tracking
Request to Appear
•
Commissioners
Governing Body: ___________________________________________________
•
Requester: _____________________________________________________
•
Amount Requested (if applicable): $____________________________________
The Public
0.00
Appearance Information
03/03/2026
•
Public Meeting Date Requested: _________________________________________
•
Agenda Item: ________________________________________________________
•
Purpose of Appearance: _______________________________________________
‘NineStar Park at Sugar Creek,’ replacing ‘NineStar Park at Spring Lake.’”
•
Request to adopt name change today
Project / Time Needed: ________________________________________________
•
■ No
Document(s) to Sign: ☐ Yes ☐
•
•
Naming Rights - NineStar Connect for NineStar Park
To approve and officially adopt the new name of the county-owned park as
■ No
Handouts: ☐ Yes ☐
■ No
Slideshow: ☐ Yes ☐
Action Taken
•
•
•
•
☐ Approved
☐ Favorable Motion
☐ Tabled
☐ Denied
Funding Details
N/A
• Fund Name: ______________________________________________
•
N/A
Fund Number: ____________________________________________
■ No
Is an appropriation of funds required? ☐ Yes ☐
If yes, explain:
•
Next Steps / Follow-Up
•
■ No
Return to Governing Body required? ☐ Yes ☐
•
If yes, anticipated date: __________________________
☐ Received a copy of signed minutes
Hancock County 911 Center
2026-15
John M Jokantas
317-526-3448
[email protected]
John M Jokantas
Gary McDaniel
President, Board of Commissioners
03/03/2026
PERMISSION TO TRAVEL OUT OF STATE AND ESTIMATED TRAVEL EXPENSES
Name
John Jokantas
Department
EOC
Approved by
John M. Jokantas
PURPOSE OF TRIP
Public Safety Facilities Planning 03/25/2026-03/27/2026
Expenses
Dates
Details
Transportation
Leave 03/25/2026
Air
Bags
Economy
Parking
Other
Driving
Return 03/27/2026
Air
Bags
Economy
Parking
Other
Bags
Economy
Parking
Other
Air
Lodging
Days
3
Amount
X
Lodging Place:
Embassy Suites Downtown Orlando
191 E Pine St
Orlando, FL 32801
$500.00
Perdiem rates set by
$0.00
US General Services
$0.00
Administration
$0.00
Meals
$0.00
$65 per day-tip not to
$195.00
exceed 20%
$0.0
$0.00
$395.00
Conference fees
$1090.00
TOTALApproved by Commissioner Signatures
Date
Bill Spalding-
03/03/2026
Gary McDaniel-
03/03/2026
Jeannine Gray-
03/03/2026
AFFIDAVIT FOR CONSTRUCTION FUND DISBURSEMENT
Request NO. 22
Argent Institutional Trust Company
Attention: Mr. John Alexander
101 West Ohio Street, Ste. 660
Indianapolis, IN 46204
Re:
Hancock County Redevelopment Authority
Redevelopment District Ad Valorem Property Tax
Lease Rental Bonds, Series 2025
Dear Mr. Alexander:
This request for disbursement is submitted to you pursuant to Section 3.1 of the Trust
Indenture dated as of February 1, 2025, between the Hancock County Redevelopment Authority
and The Huntington National Bank, now Argent Institutional Trust Company (the "Trustee").
You are hereby directed to make the following disbursements from the Construction Account of
the Construction Fund for the payment of invoices in the amounts listed on Schedule A attached
hereto.
We hereby certify the following:
1.
The amounts paid or to be paid, as set forth in this request, are due and justly
owing and represents the amount payable for the costs of the Project, and such
payment was not paid in advance of the time, if any, fixed for payment and
was made in accordance with the terms of any contracts applicable thereto and
in accordance with usual and customary practice under existing conditions.
2.
No part of the costs of the Project for which payment or reimbursement is
requested by this request was included in any request previously filed with the
Trustee under the provisions of the Indenture.
3.
Attached hereto are copies of invoices or bills of sales covering all items for
which payment or reimbursement is being requested from the third-party
sellers of such items showing the County or Authority as the owner or
purchaser thereof and evidencing the purchase price of such items.
Dated:
3/3/2026
HANCOCK COUNTY REDEVELOPMENT AUTHORITY
By:________________________________
President of the Authority
By:_________________________________
By:_________________________________
OR
By: ________________________________
Lessor Representative
SCHEDULE A
Meyer Najem
$1,068,396.61
Total: $1,068,396.61
February 26, 2026
Hancock County Commissioners
ATTN: Commissioner Bill Spalding
RE:
Amplify Hancock -- Meyer Najem Construc'on, Payment Applica'on #16
Dear Commissioner Spalding,
Pursuant to the Agreement executed by and between Hancock County Commissioners (the Owner) and Meyer Najem
Construc'on, LLC, (the Contractor), and dated July 25, 2024, the Contractor has submi6ed Payment Applica'on #16 in
the TOTAL amount of $1,068,396.61
Contractor
Meyer Najem Construc'on
Applica on Number / Date
02-24-739-00016 (02/28/2026)
Amount to be Paid
$1,068,396.61
In accordance with the Contract Documents and the Agreement, this Payment Applica'on includes costs incurred by
the Contractor to date in construc'on of the Amplify project. Veridus submits to the Owner that based upon site visits,
digital communica'ons, and the data comprising the provided invoice presented by the Contractor, to the best of our
knowledge, informa'on and belief, construc'on has progressed as indicated, the quality of work is in accordance with
the Contract Documents, and the Contractor is en'tled to the payment of the amount approved.
It is our recommenda'on that payment be made to the Contractor for Payment Applica'on #16.
Comments:
1. Veridus received the signed payment applica'on on February 26, 2026.
2. Ra'o Design has reviewed and approved the applica'on as submi6ed.
3. As required by the Agreement, the Contractor has provided a G702/G703.
4. Retainage has been withheld in accordance with the Agreement.
5. A par'al lien waiver has been submi6ed as part of the applica'on.
6. The amounts billed agree with progress in the field.
Please remit payment to “Meyer Najem Construc on, LLC” in the amount of $1,068,396.61.
Should you have any ques'ons or comments please let me know.
Sincerely,
Lance Snedeker
Senior Project Manager
Veridus Advisors
A VERIDUS GROUP COMPANY
5649 Lee Rd, Ste 1, Indianapolis, IN 46216 | veridusadvisors.com | 1-888-369-7271
1,068,396.61
02/26/2026
February 19, 2026
Hancock County Commissioners
ATTN: Commissioner Bill Spalding
RE:
Amplify Hancock - Change Order #7
Dear Mr. Spalding and Commissioners
Meyer Najem Construc/on has provided Change Order #7 for Amplify Hancock which is an increase to the GMP for
materials and work associated with scope as described below and in the a4ached change order.
•
Change Order #7 dated February 18th, 2026
Total amount to be drawn from Owner Con ngency: $262,846.00
Comments:
•
•
•
Change Order #7 includes the following Change Requests (see pages 2, 16, 17):
o CR #061: Automotive Lab Infrastructure Clarification, approved on November 12, 2025
o CR #119: Bus Plugs & Fuse Reducers Material Only, approved on February 6, 2025
o CR #120: Bus Plugs Remainder No GRC, approved on February 6, 2025
The funds for the change order will be allocated using the owner contingency and will increase Meyer
Najem’s contract amount by $262,846.00, which is summarized on page 1 of the change order.
All Owner contingency is held outside of the Meyer Najem GMP.
Veridus submits to the Owner that, following our review, we confirm that this scope aligns with the project’s
objectives and is critical for the successful completion of the project. The previously approved change requests have
been evaluated by Veridus and Project Team and found to be reasonable and within industry standards for the
specified scope of work. Veridus therefore recommends the Owner to authorize Meyer Najem to increase the GMP
as outlined above. I have enclosed Change Order #7 for your review and signature.
Respectfully,
Lance Snedeker
Senior Project Manager
Veridus Advisors
A VERIDUS GROUP COMPANY
5649 Lee Rd, Ste 1, Indianapolis, IN 46216 | veridusadvisors.com | 1-888-369-7271
AIA Document G701 2017
®
®
_
Change
Order
___________________________________________________________________________________________________
PROJECT (Name and address):
CONTRACT INFORMATION:
02-24-739 Amplify Hancock County Career
2110 W 300 N
Greenfield, IN 46140
Contract For: General Construction
Date: July 25, 2024
OWNER: (Name and address):
Hancock County Commissioners
ARCHITECT: (Name and address):
Ratio Architects, Inc.
107 South Pennsylvania St.
Indianapolis, IN 46204
Greenfield, IN 46140
CONTRACT INFORMATION:
Change Order Number: 7
Date: February 18, 2026
CONTRACTOR (Name and address):
Meyer Najem Construction, LLC
11787 Lantern Road, Suite 100
Fishers, IN 46038
___________________________________________________________________________________________________
THE CONTRACT IS CHANGED AS FOLLOWS:
Project Completion will be delayed, and the Certificate of Occupancy delay is to be determined after Owner/Owner’s
Agent meets with the Authority Having Jurisdiction. Meyer Najem Construction, LLC reserves the right to claim
additional Staffing and General Conditions in a future change order.
CR #061
CR #119
CR #120
ASI#024 Automotive Lab Infrastructure Clarification
ASI#033 Bus Plugs & Fuse Reducers Material Only
ASI#033 Bus Plugs Remainder No GRC
$11,781.00
$160,756.00
$90,309.00
$
$
$
$
$
The original Contract Amount was
Net change by previously authorized Change Orders
The Contract Amount prior to this Change Order was
The Contract Amount will be increased by this Change Order in the amount of
The new Contract Amount including this Change Order will be
The Contract Time will be unchanged. To Be Determined
The new date of Substantial Completion will be Unchanged.. To Be
42,170,845.00
401,713.98
42,572,558.98
262,846.00
42,835,404.98
Determined
NOTE: This Change Order does not include adjustments to the Contract Sum or Guaranteed Maximum Price, or the Contract
Time, that have been authorized by Construction Change Directive until the cost and time have been agreed upon by both the
Owner and Contractor, in which case a Change Order is executed to supersede the Construction Change Directive.
NOT VALID UNTIL SIGNED BY THE ARCHITECT, CONTRACTOR AND OWNER.
Ratio Architects, Inc.
ARCHITECT (Firm Name)
Meyer Najem Construction, LLC
CONTRACTOR (Firm Name)
Hancock County Commissioners
OWNER (Firm Name)
SIGNATURE
SIGNATURE
SIGNATURE
Kevin J. McGovern- EVP
PRINTED NAME AND TITLE
PRINTED NAME AND TITLE
PRINTED NAME AND TITLE
DATE
DATE
DATE
AIA Document G701 - 2017. Copyright © 1979, 1987, 2000, 2001 and 2017. All rights reserved. "The American Institute of Architects ," "American Institute of
Architects," "AIA," the AIA Logo , and "AIA Contract Documents" are trademarks of The American Institute of Architects . This document was produced at 10:07.12
ET on 02/18/2026 under Order No.4104247449 which expires on 12/04/2025, is not for resale, is licensed for one-time use only, and may only be used in
accordance with the AIA Contract Documents ® Terms of Service . To report copyright violations , email [email protected].
User Notes:
(3B9ADA42)
1
MEYER NAJEM
11787 Lantern Road, Suite 100 Fishers, IN 46038 ph: 317.577.0007 fax: 317.577.0286
CHANGE REQUEST
To: Bill Spalding
Hancock County Commissioners
111 American Legion Palce
Greenfield, IN 46140
Change Request #: 061
Job: 02-24-739 Amplify Hancock County Career
Issued Date: 10/31/25
Response Due Date: 11/7/2025
Description: ASI#024 Automotive Lab Infrastructure Clarification
If a response is not received by the due date above, additional
General Conditions and Calendar days may apply.
Reason: Design Change
Schedule Impact: TBD
Initiated by: Zach Grajewski (Ratio Architects, Inc.)
Source: ASI # 024
Meyer Najem Construction, LLC submits a Change Request for the following Work:
If work is directed to be performed on T&M NTE, additional staffing costs will be added in Change Order for MNC to track and
process tickets for T&M NTE.
Vendor
Description
Gaylor Electric, Inc.
Provide all labor,material and equipment for the added disconnect, feeders
and circuit breakers for tire balancer, tire changer, alignment rack, lift per
RFI#114 and ASI#024.
Provide all labor, material and equipment to expedite the hanging and finishing
drywall on exterior of Tool & Parts Storage C-132 A due to drywall being held off
for ASI#024 changes.
Provide all labor, material and equipment to added one (1) compressed air
drop to alignment rack per RFI#114.
Berline Construction, Inc.
Commercial Air Inc.
Price
$12,852.00
$3,174.00
$928.00
Subtotal:
$16,954.00
Addons, Markup, & Taxes
Description
% of Subtotal
Amount
BIM
0.42%
$71.21
Safety
0.45%
$76.61
GLI
0.94%
$160.76
Fee
2.00%
$345.42
Change Request Total:
$17,608.00
Final Cost = $11,781.00
Submitted by:
Bryan Plassmeier
Meyer Najem Construction, LLC
Approved by:
Date:
12NOV25
Page 1 of 1
Proposed Change Order
Contract Name: Amplify Hancock Career Center
Contract #: A0015634.2
Project Name: Amplify Hancock Career Center
Project #: A0015634
Client PCO #:
Noblesville IN Office
17225 Kraft Court
Noblesville, Indiana 46060
Client Address:
Work Description
Electrical Changes IAW ASI 024 Documents:
-Circuits Breakers
-Disconnects
-Conduit and Conductors
Itemized Description
Description
Qty
Net Price U
Total Mat. $
Labor U
Total Hours
6.000
6.000
115.000
10.000
10.000
12.000
2.000
6.000
239.97 C
70.73 C
96.06 C
57.88 C
46.03 C
44.66 C
388.01 C
0.00 E
14.40
4.24
110.47
5.79
4.60
5.36
7.76
0.00
35.000 C
9.000 C
13.600 C
7.750 C
14.000 C
30.000 C
27.500 C
0.000 E
2.100
0.540
15.640
0.775
1.400
3.600
0.550
0.000
2.000
0.00 E
0.00
2.500 E
5.000
2.000
6.000
0.00 E
0.00 E
0.00
0.00
0.730 E
0.050 E
1.460
0.300
2.000
0.00 E
0.00
4.150 E
8.300
2.000
0.00 E
0.00
0.000 E
0.000
20.000
13.09 C
2.62
5.000 C
1.000
8.000
201.61 C
16.13
37.500 C
3.000
8.000
185.43 C
14.83
30.000 C
2.400
15.000
4.53 C
0.68
3.500 C
0.525
2.000
0.00 C
0.00
3.900 C
0.078
30.000
15.000
46.89 C
4.41 C
14.07
0.66
13.700 C
0.880 C
4.110
0.132
|| E-201C - 1ST FLR POWER - UNIT C
2-1/8" D 4-11/16" Square Box 1" KO
4-11/16" Square Box Cover Blank - Steel
1" Conduit - EMT 10' Lengths
3/4" Conduit - LFMC Steel Gray
1" Coupling - EMT Set Screw Steel
1" Connector - EMT Set Screw Steel
3/4" Connector - Liquidtight Malleable Insulated
1" Measure Cut & Ream Labor - EMT
30A Safety Switch Heavy Duty Non-Fusible 600V 3
Pole - NEMA 1
30A 2P Breaker Molded Case - Open
60A Fuse 250V Time Delay - Class RK5
Size 2 Magnetic Starter Combination Fusible NEMA
Rated 3-Phase - NEMA 1
#8 Equipment Termination 3-Conductor to 600V w/
Ground
1" 1-Hole Strap - EMT Steel
1" x 3/8-16 Beam Clamp Malleable w/ Threaded
Hole Bottom & Back
1-5/8" D 1-5/8" W Channel w/ Slotted Holes - Steel
Pre-Galvanized 12 Gauge 10' Lengths
3/8-16 Hex Head Nut - Plated Steel
#10 x 1/2" Self-Tapping Screw Hex Head - Plated
Steel
3/8-16 Threaded Rod - Plated Steel 10' Lengths
3/8" x 1" Fender Washer - Plated Steel
Thursday, October 16, 2025 2:51 PM
1/3
Proposed Change Order
Contract Name: Amplify Hancock Career Center
Contract #: A0015634.2
Project Name: A0015634
Project #: Amplify Hancock Career Center
Client PCO #:
Noblesville IN Office
17225 Kraft Court
Noblesville, Indiana 46060
Client Address:
3/8" Lock Washer - Plated Steel
#10 Black Wire THHN / T90 - Copper
#10 Green Wire THHN / T90 - Copper
#8 Black Wire THHN / T90 - Copper
#12 to #6 Wire Connector Live Spring Twist-On 600V
Drawing Totals
15.000
380.000
143.000
48.000
2.18 C
283.52 M
283.52 M
526.23 M
0.33
107.74
40.54
25.26
0.880 C
9.626 M
9.671 M
12.938 M
0.132
3.658
1.383
0.621
24.000
35.49 C
8.52
10.000 C
2.400
889.000
384.00
59.104
Totals
889.000
384.00
59.104
Summary
Extension Materials
Database Material
Total Extension Material Cost
Material Overhead
Material Markup
Total Extension Material
%
Total
5.00
5.00
384.00
384.00
19.20
20.16
423.36
Quotes
Cost
Switchgear
Total Quotes
Labor
Tax %
373.98
OH %
MU %
Total
5.000
5.000
412.31
%
Total
412.31
Hours
Rate
Sub Total
59.104
90.00
5,319.36
Field Labor
Blended Rate
Total Field Labor
Total Labor Cost
Labor Overhead
Labor Markup
Total Labor
General Expenses
5,319.36
5,319.36
5.000
5.000
265.97
279.27
OH %
MU %
Total
5.000
5.000
220.50
5,864.59
Qty Duration
Project Manager
Total General Expenses
Equipment
2.00
Small Tools (Per Hour)
Large Tools (Per Week)
Safety Equipment
Total Equipment
Sub Total 1
Sub Total 2
P & P Bond
Final Adj
Total Adjustments
59.104
59.104
59.104
Cost/Unit
Tax %
100.00
220.50
Qty Duration
Cost/Unit
Tax %
OH %
MU %
Total
1.25
1.00
0.25
9.250
9.250
9.250
5.000
5.000
5.000
5.000
5.000
5.000
88.99
71.18
17.80
177.97
7,098.74
7,098.75
2.000
0.004
141.98
0.27
142.25
Selling Price
Tax
7,241.00
0.00
Total
7,241.00
Thursday, October 16, 2025 2:51 PM
2/3
Proposed Change Order
Noblesville IN Office
17225 Kraft Court
Noblesville, Indiana 46060
Client Address:
Contract Name: Amplify Hancock Career Center
Contract #: A0015634.2
Project Name: A0015634
Project #: Amplify Hancock Career Center
Client PCO #:
Contractor Certification
Name:
Date:
Signature:
I hereby certify that this quotation is complete and accurate based on the information provided
Client Acceptance
PCO #:
16
Final Amount:
$ 7,241.00
Name:
Date:
Signature:
Change Order #:
I hereby accept this quotation and authorize the contractor to complete the above described work
Work Description
Thursday, October 16, 2025 2:51 PM
3/3
Bill of Materials
U45-00028313
Amplify ASI's - 024
Date: 10/16/2025
Item # Qty
Description
1
Switches and Disconnects, Heavy Duty Safety Switch, THN3321
2
AUTO LIFTS
1
Suitable for use as Service Equipment
Heavy Duty 30 Amps
No Fuse 3 Poles 240VAC/250VDC
NEMA 1 (Indoor)
For Use Size With 14-8 Copper or Size 12-8 Aluminum wire
Height : 10.28 Width : 6.28 Depth : 3.31 Weight : 6
Accessories :
2
1
TNI21, Neutral Kit, 14 - 8 AWG Cu, 12-8 AWG Al
1
TGL1 , Equipment Ground Kit, (4) 14-8 AWG CU/12-8 AWG AL
2
MCCB, Molded Case, THHQB2130
L1C2
THHQB MCB 30A 22kA 2P 120/240V
Total Price
373.98
All prices listed are in United States Dollar ( $ )
U45-00028313 | Amplify ASI's - 024
1 of 1
TERMS AND CONDITIONS OF SALE
General Policies and Conditions
1.
This Proposal is offered subject to the following: 1) attached TERMS AND CONDITIONS OF SALE, 2) an executed Master Supply Agreement (“MSA”), and
3) ABB Inc.’s current general Terms and Condition of Sale. Any conflict among the documents comprising the terms of this Proposal shall be resolved in
accordance with the following order of precedence: (i) an executed MSA incorporating the following Terms and Conditions of Sale (ii) attached TERMS
AND CONDITIONS OF SALE incorporating ABB Inc. General Terms and Conditions of Sale (iii) or ABB Inc. General Terms and Conditions of Sale. Non-ABB
pre-printed PO terms have no force and/or effect and are hereby rejected by ABB.
2.
Buyer represents and warrants that there are no federal, state, or local (collectively “Governmental”) contracting provisions, regulations, flow-downs, or
requirements that apply to this transaction, including without limitation any Governmental domestic preference or prevailing wage, other than such
terms that have been disclosed and agreed to by Seller in writing. Buyer assumes sole responsibility for any costs associated with non-compliance of
terms not agreed by Seller in writing. Unless expressly provided in writing, Seller makes no representation that the quoted product(s) or service(s)
comply with any Governmental contracting provisions and regulations.
3.
This proposal expires in 30 calendar days, unless terminated sooner by notice. This proposal is not inclusive of taxes of any kind, unless explicitly stated.
4.
Orders not requiring engineered drawings for approval must be released by Buyer for manufacture within 90 days of PO receipt. If engineered drawings
are required, they must be returned and approved by Buyer for release within 60 days of mailing. If not, and/or shipment is delayed for any reason the
price will increase by 1.5% for each partial/full month that shipment release is delayed after the 90-day period. If project is delayed 6 months or more
after PO receipt, project will be repriced based off current market values.
5.
For MV Transformers (including Padmount, Substation, & Power transformers), refer to the factory proposal for applicable terms and conditions including, but not limited to quote validity, price validity, escalation, warranty, cancellation, estimated delivery, and freight terms.
Payment Terms
1.
Net 30 days from the date of invoice
2.
For projects up to $1,000,000 net, terms of payment are 100% upon invoicing.
3.
If project value exceeds $1,000,000 net, progress payments are required payable at the following milestones. These milestones will be applied at a lineitem level and will be tailored to the project schedule.
• 20% upon delivery of drawings
• 30% upon release of equipment
• 50% upon shipment
Warranty
1.
The warranty for Products shall expire one (1) year from date of installation or eighteen (18) months after date of shipment, whichever occurs first,
except that software is warranted for ninety (90) days from delivery. The warranty for Services shall expire one (1) year after performance of the Service,
except that software related Services are warranted for ninety (90) days.
2.
Additional 12 months available for 2% adder, 24 months for 4% adder. Engage ABB representative if longer durations are needed.
3.
All warranty claim remedies are provided under the General Terms and Conditions of Sale, or any applicable MSA, whichever is applicable between the
parties.
Order Cancellation – Schedule of Charges
1.
10% - Order received.
2.
30% - Drawings for approval submitted, if required.
3.
50% - Revisions to approval drawings submitted, if required.
4.
80% - Order released for manufacturing and shipment.
5.
100% - Production started.
Delivery and Transportation
1.
CPT/FCA ABB's facility, place of manufacture or warehouse (Incoterms 2020). Title and risk of loss passes upon shipment.
2.
ABB will assume the risk of loss or damage to the destination for a 2% adder (but not less than $500 net) applied to the total price of the equipment.
"Destination" is defined as ABB's common carrier's delivery point nearest first destination or point of export within the continental U.S.
3.
Transportation and handling are prepaid and billed, unless otherwise noted in this quotation or MSA.
4.
Shipment via Air or Open Top/Flatbed/Lift gate truck not included unless specifically listed herein.
5.
Special Instruction - The Receiving Associate is required to sign, date, and note specific visible or concealed damage on Bill of Lading at time of delivery.
Freight Company Associate is required to witness Receiver's signature, date, and damage claim annotations. ABB's Post Sales Service Department must
be provided with copy of annotated BOL within five (5) days of delivery or Shipper's responsibility ends.
Other Notes
1.
Standard factory test procedures will be performed. Customer inspections, customer witness tests, and any other non-standard test procedures are not
included unless specifically noted herein.
2.
The accompanying Bill of Material is our interpretation of what is required to meet the intent of the listed Drawings and Specifications. Please review
thoroughly for accuracy and completeness and advise immediately if any revisions are required. This proposal is limited to the attached Bill of Material
only. Selective coordination of the system should be verified by a qualified engineer and may require changes to the design, Bill of Material, and price.
3.
The Parties are aware of the shortage of raw materials, electronic components worldwide which is likely to last for the foreseeable future, as well as, of
market fluctuations in the availability and cost of other raw materials, commodities, other critical components, and transportation capacities. Notwithstanding anything to the contrary in the contract terms and conditions / purchase order, if after the date of ABB's proposal / offer or during the term of
the performance of the contract / purchase order there are any changes to availability and / or market conditions for electronic components, raw materials, commodities, and transportation capabilities directly or indirectly affecting ABB's performance, ABB shall be entitled to relief in the schedule of
the performance or delivery of the directly or indirectly affected scope of work under the contract / purchase order. In such circumstances, the Parties
shall meet without delay and discuss in good faith to find a mutually agreeable solution, with equitable adjustment to the contract / purchase order
date of delivery or completion. Customer hereby acknowledges and agrees that in said circumstances ABB may not be able to comply with the originally
agreed delivery or completion schedule and that ABB shall not be liable for any liquidated or actual damages in connection thereto.
GTCs of Sale (2025-02 U.S.)
ABB GENERAL TERMS AND CONDITIONS OF SALE
(2025-02 U.S.)
1. General.
The terms and conditions contained herein, together with any additional or different terms
contained or referenced in ABB's proposal or quotation and (“Proposal”), any addenda to the
Proposal, the purchase order (excluding any pre-printed terms and conditions and any terms that
conflict with the Proposal or ABB’s acknowledgment), and ABB’s acknowledgement, submitted to
Purchaser constitute the entire agreement (the "Agreement") between the parties with respect to
the purchase order and supersede all other prior communications and agreements regarding the
purchase order and ABB objects to any additional terms proposed by Purchaser. Acceptance by
ABB of the purchase order, or Purchaser's acceptance of ABB's Proposal, is expressly limited to
and conditioned upon Purchaser's acceptance of these terms and conditions, payment for or
acceptance of any performance by ABB being acceptance. "Equipment" as used herein means all
the equipment, parts, accessories sold, and all software and software documentation, if any,
licensed to Purchaser by ABB ("Software") under the purchase order. "Services" as used herein
means all labor, supervisory, technical and engineering, installation, repair, consulting or other
services provided by ABB under the purchase order. "Purchaser" shall include the initial end user
of the Equipment and/or services; provided, however, that Article 14(a) shall apply exclusively to
the initial end user. “Hazardous Materials” means any toxic or hazardous substance, hazardous
material, dangerous or hazardous waste, dangerous good, radioactive material, petroleum or
petroleum-derived products or by-products, or any other chemical, substance, material or
emission, that is regulated, listed or controlled pursuant to any national, state, provincial, or local
law, statute, ordinance, directive, regulation or other legal requirement of the United States (“U.S.”)
or the country of the Site.
2. Prices.
(a) Unless otherwise specified in writing, all Proposals expire thirty (30) days from the date thereof
and may be modified or withdrawn by ABB before receipt of Purchaser's conforming acceptance.
All prices set forth in a purchase order may be revised by ABB at any time prior to delivery or
performance based on ABB’s sole but reasonable estimate of its cost increases (after the
Proposal date) resulting directly or indirectly from factors such as: (i) a significant increase in raw
material, component, labor, or energy costs or (ii) governmental actions, such as increased tariffs
on the Equipment, raw material, or components.
(b) Unless otherwise stated herein, Services prices are based on normal business hours (8 a.m. to
5 p.m. Monday through Friday). Overtime and Saturday hours will be billed at one and one-half (1
1/2) times the hourly rate; and Sunday hours will be billed at two (2) times the hourly rate; holiday
hours will be billed at three (3) times the hourly rate. If a Services rate sheet is attached hereto,
the applicable Services rates shall be those set forth in the rate sheet. Rates are subject to change
without notice.
(c) Except as otherwise agreed by ABB, the price does not include any federal, state or local
property, license, privilege, sales, use, excise, gross receipts, tariffs or other like taxes (“Taxes”)
which may now or hereafter be applicable. Purchaser agrees to pay or reimburse any such Taxes,
or ABB’s reasonable estimated cost impact thereof, which ABB or its suppliers are required to pay
or collect. If Purchaser is exempt from the payment of any Tax or holds a direct payment permit,
Purchaser shall, upon purchase order placement, provide ABB a copy, acceptable to the relevant
governmental authorities of any such certificate or permit.
3. Payment.
(a) Unless specified to the contrary in writing by ABB, payment terms are net cash, payable
without offset, in United States Dollars, 30 days from date of invoice by wire transfer to the
account designated by ABB in the Proposal. ABB is not required to commence or continue its
performance unless and until invoiced payments have been received in a timely fashion. For each
day of delay in receiving required payments, ABB shall be entitled to a matching extension of the
schedule.
(b) If in the judgment of ABB, the financial condition of Purchaser at any time prior to delivery does
not justify the terms of payment specified, ABB may require payment in advance, payment security
satisfactory to ABB and suspend its performance until said advance payment or payment security
is received or may terminate the purchase order, whereupon ABB shall be entitled to receive
reasonable cancellation charges. If delivery is delayed by Purchaser, payment shall be due on the
date ABB is prepared to make delivery. Delays in delivery or nonconformities in any installments
delivered shall not relieve Purchaser of its obligation to accept and pay for remaining installments.
(c) Purchaser shall pay, in addition to the overdue payment, a late charge equal to the lesser of 1
1/2% per month or any part thereof or the highest applicable rate allowed by law on all such
overdue amounts plus ABB's attorneys' fees and court costs incurred in connection with collection.
If Purchaser fails to make payment of any amounts due under any purchase order and fails to cure
such default within ten (10) days after receiving written notice specifying such default, then ABB
may by written notice, at its option, suspend its performance under the purchase order until such
time as the full balance is paid or terminate the purchase order, as of a date specified in such
notice. In the event of suspension, cancellation or termination hereunder, ABB will be entitled to
recover all costs for work performed to date, costs associated with suspension, cancellation or
termination of the work and all other costs recoverable at law.
4. Changes.
(a) Any changes requested by Purchaser affecting the ordered scope of work must first be
reviewed by ABB and any resulting adjustments to affected provisions, including price, schedule,
and guarantees mutually agreed in writing prior to implementation of the change.
(b) ABB may, at its expense, make any changes in the Equipment or Services as it deems
necessary, in its sole discretion, to conform the Equipment or Services to the applicable
specifications (including but not limited to technical, standards, codes, performance, schedule,
location or performance, plus applicable laws and regulations). If Purchaser objects to any such
changes, ABB shall be relieved of its obligation to conform to the applicable specifications to the
extent that conformance may be affected by such objection. ABB will not be obligated to meet
specifications if not provided by Purchaser in the scope of work.
5. Delivery.
(a) All Equipment manufactured, assembled or warehoused in the continental United States is
delivered FCA ABB point of shipment, Incoterms® 2020 unless otherwise mutually agreed in
writing. Equipment shipped outside the continental United States is delivered FCA Incoterms®
2020 United States port of export unless otherwise mutually agreed in writing. Purchaser shall be
responsible for any and all demurrage or detention charges.
(b) If the scheduled delivery of Equipment is delayed by Purchaser or by Force Majeure, ABB may
move the Equipment to storage for the account of and at the risk of Purchaser whereupon it shall
be deemed to be delivered.
(c) Shipping and delivery dates are contingent upon Purchaser's timely approvals and delivery by
Purchaser of any documentation required for ABB's performance hereunder.
(d) Claims for shortages or other errors in delivery must be made in writing to ABB within ten (10)
days of delivery. Equipment may not be returned except with the prior written consent of and
subject to terms specified by ABB. Claims for damage after delivery shall be made directly by
Purchaser with the common carrier.
6. Title & Risk of Loss.
Except with respect to Software (for which title shall not pass, use being licensed) title to
Equipment shall transfer to Purchaser upon delivery according to the applicable freight term.
Notwithstanding any agreement with respect to delivery terms or payment of transportation
charges, risk of loss or damage with respect to the sale of Equipment shall pass from ABB to
Purchaser at delivery as defined in this Agreement.
7. Inspection, Testing and Acceptance.
(a) Any inspection by Purchaser of Equipment on ABB's premises shall be scheduled in advance
to be performed during normal working hours and subject to rules and regulations in place at the
ABB premises.
(b) If the purchase order provides for factory acceptance testing, ABB shall notify Purchaser when
ABB will conduct such testing prior to shipment. Unless Purchaser states specific objections in
writing within ten (10) days after completion of factory acceptance testing, completion of the
acceptance test constitutes Purchaser's factory acceptance of the Equipment and its authorization
for shipment.
(c) If the purchase order provides for site acceptance testing, testing will be performed by ABB
personnel to verify that the Equipment has arrived at site complete, without physical damage, and
in good operating condition. Completion of site acceptance testing constitutes full and final
acceptance of the Equipment. If, through no fault of ABB, acceptance testing is not completed
within thirty (30) days after arrival of the Equipment at the site, the site acceptance test shall be
deemed completed and the Equipment shall be deemed accepted.
8. Warranties and Remedies.
(a) Equipment and Services Warranty. ABB warrants that Equipment (excluding Software, which is
warranted as specified in paragraph (d) below) shall be delivered free of defects in material and
workmanship and that Services shall be free of defects in workmanship. The Warranty Remedy
Period for Equipment (excluding Software and spare parts) shall end twelve (12) months after
installation or eighteen (18) months after date of shipment, whichever first occurs. The Warranty
Remedy Period for new spare parts shall end twelve (12) months after date of shipment. If the
purchase order includes the sale of refurbished or repaired parts, the Warranty Remedy Period for
such parts shall end ninety (90) days after date of shipment. The Warranty Remedy Period for
Services shall end ninety (90) days after the date of completion of Services.
(b) Equipment and Services Remedy. If a nonconformity to the foregoing warranty is discovered in
the Equipment or Services during the applicable Warranty Remedy Period, as specified above,
under normal and proper use and provided the Equipment has been properly stored, installed,
operated and maintained and written notice of such nonconformity is provided to ABB promptly
after such discovery and within the applicable Warranty Remedy Period, ABB shall, at its option,
either (i) repair or replace the nonconforming portion of the Equipment or re-perform the
nonconforming Services or (ii) refund the portion of the price applicable to the nonconforming
portion of Equipment or Services. If any portion of the Equipment or Services so repaired,
replaced or re-performed fails to conform to the foregoing warranty, and written notice of such
nonconformity is provided to ABB promptly after discovery and within the original Warranty
Remedy Period applicable to such Equipment or Services or thirty (30) days from completion of
such repair, replacement or re-performance, whichever is later, ABB will repair or replace such
nonconforming Equipment or re-perform the nonconforming Services. The original Warranty
Remedy Period shall not otherwise be extended.
(c) Exceptions. ABB shall not be responsible for providing temporary power, removal, installation,
reimbursement for labor costs or working access to the nonconforming Equipment, including
disassembly and re-assembly of non-ABB supplied equipment, or for providing transportation to or
from any repair facility, or for any other expenses incurred in connection with the repair or
replacement, all of which shall be at Purchaser's risk and expense. ABB shall have no obligation
hereunder with respect to any Equipment which (i) has been improperly repaired or altered; (ii) has
been subjected to misuse, negligence or accident; (iii) has been used in a manner contrary to
ABB's instructions; (iv) is comprised of materials provided by or a design specified by Purchaser;
or (v) has failed as a result of ordinary wear and tear. Equipment supplied by ABB but
manufactured by others is warranted only to the extent of the manufacturer's warranty, and only
the remedies, if any, provided by the manufacturer will be allowed.
(d) Software Warranty and Remedies. ABB warrants that, except as specified below, the Software
will, when properly installed, execute in accordance with ABB's published specification. If a
nonconformity to the foregoing warranty is discovered during the period ending one (1) year after
the date of shipment and written notice of such nonconformity is provided to ABB promptly after
such discovery and within that period, including a description of the nonconformity and complete
information about the manner of its discovery, ABB shall correct the nonconformity by, at its
option, either (i) modifying or making available to the Purchaser instructions for modifying the
Software; or (ii) making available at ABB's facility necessary corrected or replacement programs.
ABB shall have no obligation with respect to any nonconformities resulting from (i) unauthorized
modification of the Software or (ii) Purchaser-supplied software or interfacing. ABB does not
warrant that the functions contained in the software will operate in combinations which may be
selected for use by the Purchaser, or that the software products are free from errors in the nature
of what is commonly categorized by the computer industry as "bugs".
(e) THE FOREGOING WARRANTIES ARE EXCLUSIVE AND IN LIEU OF ALL OTHER
WARRANTIES OF QUALITY AND PERFORMANCE, WHETHER WRITTEN, ORAL OR IMPLIED,
AND ALL OTHER WARRANTIES INCLUDING ANY IMPLIED WARRANTIES OF
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USAGE OF TRADE
ARE HEREBY DISCLAIMED. THE REMEDIES STATED HEREIN CONSTITUTE PURCHASER'S
EXCLUSIVE REMEDIES AND ABB'S ENTIRE LIABILITY FOR ANY BREACH OF WARRANTY.
9. Intellectual Property Infringement.
(a) ABB shall defend at its own expense any action brought against Purchaser alleging that the
Equipment or the use of the Equipment to practice any process for which such Equipment is
specified by ABB (a "Process") directly infringes a patent in effect in the United States, an
European Union member state or the country of the Site (provided there is a corresponding patent
issued by the U.S., UK or an EU member state), or any copyright or trademark registered in the
country of the Site and to pay all damages and costs finally awarded in any such action, provided
that Purchaser has given ABB prompt written notice of such action, all necessary assistance in the
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defense thereof and the right to control all aspects of the defense thereof including the right to
settle or otherwise terminate such action in behalf of Purchaser.
(b) ABB shall have no obligation hereunder and this provision shall not apply to: (i) any other
equipment or processes, including Equipment or Processes which have been modified or
combined with other equipment or process not supplied by ABB; (ii) any Equipment or Process
supplied according to a design, other than an ABB design, required by Purchaser; (iii) any
products manufactured by the Equipment or Process; (iv) any use of the Equipment or Process
contrary to ABB instructions; (v) any patent issued after the date hereof; or (vi) any action settled
or otherwise terminated without the prior written consent of ABB.
(c) If, in any such action, the Equipment is held to constitute an infringement, or the practice of any
Process using the Equipment is finally enjoined, ABB shall, at its option and its own expense,
procure for Purchaser the right to continue using said Equipment; or modify or replace it with noninfringing equipment or, with Purchaser's assistance, modify the Process so that it becomes noninfringing; or remove it and refund the portion of the price allocable to the infringing Equipment.
THE FOREGOING PARAGRAPHS STATE THE EXCLUSIVE LIABILITY OF ABB AND
EQUIPMENT MANUFACTURER FOR ANY INTELLECTUAL PROPERTY INFRINGEMENT.
(d) To the extent that said Equipment or any part thereof is modified by Purchaser, or combined by
Purchaser with equipment or processes not furnished hereunder (except to the extent that ABB is
a contributory infringer) or said Equipment or any part thereof is used by Purchaser to perform a
process not furnished hereunder by ABB or to produce an article, and by reason of said
modification, combination, performance or production, an action is brought against ABB,
Purchaser shall defend and indemnify ABB in the same manner and to the same extent that ABB
would be obligated to indemnify Purchaser under this "Intellectual Property Indemnification"
provision.
10. Waiver of Consequential Damages.
In no event shall ABB, its suppliers or subcontractors be liable for special, indirect, incidental or
consequential damages, whether in contract, warranty, tort, negligence, strict liability or otherwise,
including, but not limited to, loss of profits or revenue, loss of data, loss of use, loss of use of any
of the Equipment or any associated equipment, cost of capital, cost of substitute equipment,
facilities or services, downtime costs, delays, and claims of customers of the Purchaser or other
third parties for any damages.
11. Limitation of Liability.
(a) ABB's aggregate liability for all claims whether in contract, warranty, tort, negligence, strict
liability, or otherwise for any loss or damage arising out of, connected with, or resulting from this
Agreement or the performance or breach thereof, or from the design, manufacture, sale, delivery,
resale, repair, replacement, installation, technical direction of installation, inspection, operation or
use of any equipment covered by or furnished under this Agreement, or from any services
rendered in connection therewith, shall in no case (except as provided in the section entitled
"Intellectual Property Indemnification") exceed the purchase order price.
(b) All causes of action against ABB arising out of or relating to this Agreement or the performance
or breach hereof shall expire unless brought within one (1) year of the time of accrual thereof.
(c) In no event, regardless of cause, shall ABB be liable for penalties or penalty clauses of any
description or for indemnification of Purchaser or others for costs, damages, or expenses arising
out of or related to the Equipment and/Services.
(d) The rights and remedies of the parties contained under these terms and conditions shall be
sole and exclusive.
(e)If Purchaser is supplying Equipment, Services, or Software to a third party, or using Equipment,
Services, or Software at a facility owned by a third party, Purchaser will be solely responsible for
it’s obligations to that third party and will defend and indemnify ABB from, and against, all liability
resulting from any variance between the terms of this Agreement and any of Purchaser's terms
with the third-party.12. Laws and Regulations.
ABB does not assume any responsibility for compliance with federal, state or local laws and
regulations, except as expressly set forth in this Agreement, and compliance with any laws and
regulations related to Purchaser’s duties, obligations, and business practices including the
application, operation, or use and disposal of the Equipment, Services,or Software is the sole
responsibility of the Purchaser. All laws and regulations referenced in this Agreement shall be
those in effect as of the Proposal date. In the event of any subsequent revisions or changes
thereto, ABB assumes no responsibility for compliance therewith. If Purchaser desires a
modification as a result of any such change or revision, it shall be treated as a change per Article
4. Nothing contained herein shall be construed as imposing responsibility or liability upon ABB for
obtaining any permits, licenses or approvals from any agency required in connection with the
supply, erection or operation of the Equipment. This Agreement shall in all respects be governed
by, and construed, interpreted and enforced in accordance with the laws of the State of New York,
USA, excluding its conflicts of laws rules and the provisions of the United Nations Convention on
Contracts for the International Sale of Goods, and both parties hereby agree that any litigation
concerning, arising out of, or related to this Agreement, whether claims are based on contract, tort,
equity or otherwise, shall be conducted only in the state or federal courts functioning in the State
of New York, New York County and waive the defense of an inconvenient forum in respect to any
such litigation. If any provision hereof, partly or completely, shall be held invalid or unenforceable,
such invalidity or unenforceability shall not affect any other provision or portion hereof and these
terms shall be construed as if such invalid or unenforceable provision or portion thereof had never
existed.
13. OSHA.
ABB warrants that the Equipment will comply with the relevant standards of the Occupational
Safety and Health Act of 1970 ("OSHA") and the regulations promulgated thereunder as of the
date of the Proposal. Upon prompt written notice from the Purchaser of a breach of this warranty,
ABB will replace the affected part or modify it so that it conforms to such standard or regulation.
ABB's obligation shall be limited to such replacement or modification. In no event shall ABB be
responsible for liability arising out of the violation of any OSHA standards relating to or caused by
Purchaser's design, location, operation, or maintenance of the Equipment, its use in association
with other equipment of Purchaser, or the alteration of the Equipment by any party other than
ABB.
14. Software License. (a) ABB owns all rights in or has the right to sublicense all of the Software,
if any, to be delivered to Purchaser under this Agreement. As part of the sale made hereunder
Purchaser hereby obtains a limited license to use the Software, subject to the following: (i) the
Software may be used only in conjunction with equipment specified by ABB;(ii) the Software shall
be kept strictly confidential; (iii) the Software shall not be copied, reverse engineered, or modified;
(iv) the Purchaser's right to use the Software shall terminate immediately when the specified
equipment is no longer used by the Purchaser or when otherwise terminated, e.g. for breach,
hereunder; and (v) the rights to use the Software are non-exclusive and non-transferable, except
with ABB's prior written consent.
(b) Nothing in this Agreement shall be deemed to convey to Purchaser any title to or ownership in
the Software or the intellectual property contained therein in whole or in part, nor to designate the
Software a "work made for hire" under the Copyright Act, nor to confer upon any person who is not
a named party to this Agreement any right or remedy under or by reason of this Agreement. In the
event of termination of this License, Purchaser shall immediately cease using the Software and,
without retaining any copies, notes or excerpts thereof, return to ABB the Software and all copies
thereof and shall remove all machine-readable Software from all of Purchaser's storage media.
15. Intellectual Property, Inventions and Information.
(a) "Intellectual Property Rights" means all current and future rights in copyrights, trade secrets,
trademarks, mask works, patents, design rights, trade dress, and any other intellectual property
rights that may exist anywhere in the world, including, in each case whether unregistered,
registered or comprising an application for registration, and all rights and forms of protection of a
similar nature or having equivalent or similar effect to any of the foregoing. "Technology" means all
inventions, discoveries, ideas, concepts, methods, code, executables, manufacturing processes,
unique compositions, mask works, designs, marks, and works of authorship fixed in the medium of
expression, and materials pertaining to any of the preceding; whether or not patentable,
copyrightable or subject to other forms of protection.
(b) ABB shall maintain all right, title and interest in any Technology and Intellectual Property Rights
that ABB owned, created, conceived or discovered prior to entering into this Agreement, or owns,
creates or discovers separately from the activities contemplated by this Agreement. Unless
otherwise agreed in writing by ABB and Purchaser, ABB shall have all right, title and interest in
any Technology and Intellectual Property Rights that ABB creates, conceives or discovers in
furtherance of this Agreement, and ABB shall have all right, title and interest in any Technology
and Intellectual Property Rights embodied in the Equipment and Services. Any design,
manufacturing drawings or other information submitted to the Purchaser remains the exclusive
property of ABB. Purchaser shall not, without ABB's prior written consent, copy or disclose such
information to a third party, unless required by a public information request from a governmental
body. Such information shall be used solely for the operation or maintenance of the Equipment
and not for any other purpose, including the duplication thereof in whole or in part.
16. Force Majeure.
ABB shall neither be liable for loss, damage, detention or delay nor be deemed to be in default for
failure to perform when prevented from doing so by causes beyond its reasonable control
including but not limited to acts of war (declared or undeclared), delays attributable to outbreaks,
epidemics and pandemics (including any variations), Acts of God, fire, strike, labor difficulties,
acts or omissions of any governmental authority or of Purchaser, compliance with government
regulations, insurrection or riot, embargo, delays or shortages in transportation or inability to obtain
necessary labor, materials, or manufacturing facilities from usual sources or from defects or delays
in the performance of its suppliers or subcontractors due to any of the foregoing enumerated
causes. In the event of delay due to any such cause, the date of delivery will be extended by
period equal to the delay plus a reasonable time to resume production, and the price will be
adjusted to compensate ABB for such delay.
17. Cancellation.
Special order, custom designed, and made-to-order Equipment are non-cancelable and nonreturnable. Any other purchase order may be cancelled by Purchaser only upon prior written
notice and payment of termination charges as set forth in the cancellation schedule included in the
Proposal or payment of, including but not limited to, the purchase price of the work performed prior
to the effective date of notice of termination, the costs identified to the purchase order incurred by
ABB for work not completed, and all expenses incurred by ABB attributable to the termination, plus
a fixed sum of ten (10) percent of the final total price to compensate for disruption in scheduling,
planned production and other indirect costs.
18. Termination.
(a) No termination by Purchaser for material default shall be effective unless, within fifteen (15)
days after receipt by ABB of Purchaser's written notice specifying such default, ABB shall have
failed to initiate and pursue with due diligence correction of such specified default.
(b) If the event of termination for a material default, ABB shall reimburse Purchaser the difference
between that portion of the Agreement price allocable to the terminated scope and the actual
amounts reasonably incurred by Purchaser to complete that scope, and Purchaser shall pay to
ABB the portion of the Agreement price allocable to Equipment completed and any amounts due
for Services performed before the effective date of termination.
(c) ABB may terminate the Agreement (or any affected portion thereof) immediately for cause if
Purchaser becomes insolvent/bankrupt, or materially breaches the Agreement, including, but not
limited to, failure or delay in Purchaser making any payment when due, or fulfilling any payment
conditions.
19. Export Control.
(a) The following definitions apply to this Article19:
"Trade Control Laws" means all applicable trade and economic sanctions laws and regulations,
specifically including but not limited to the U.S. International Traffic in Arms Regulations ("ITAR"),
22 C.F.R. 120 et seq.; the Export Administration Regulations ("EAR"), 15 C.F.R. 730-774; the
Foreign Assets Control Regulations ("FACR"), 31 C.F.R. 500-598; the Foreign Trade Regulations
("FTR"), 15 C.F.R. 30-199; and, any administrative or regulatory decisions or guidelines adopted
pursuant to Trade Control Laws.
"Purchaser Entities" means Purchaser's officers, directors, employees, parent company,
subsidiaries and other affiliates, and if f the Equipment, Software and/or Services are subject to
resale or other distribution, Purchaser's customers and end-users of the same.
(b) Purchaser shall comply in all respects with Trade Control laws and shall not export, re-export,
transfer, disclose or otherwise provide or make accessible the Equipment, Software, data or other
information provided to Purchaser by ABB hereunder, to any non-U.S. person or entity (including
Purchaser's dual and/or third-country national employees or third party contractors) without first
complying with all requirements of the applicable Trade Control Laws. If Purchaser is a U.S. entity
and is engaged in the business of either exporting or manufacturing (whether exporting or not)
Defense Articles or furnishing Defense Services as defined in the ITAR, Purchaser represents that
it shall maintain an active registration with the U.S. Department of State's Directorate of Defense
Trade Controls ("DDTC"), as required by the ITAR, throughout the performance of this Contract,
and that it maintains an effective export and import compliance program in accordance with the
ITAR. If Purchaser is a U.S. entity and will export ABB's Equipment, Software, and/or data,
Purchaser will be considered an exporter within the meaning of the U.S. export regulations.
Therefore, ABB should not be listed as the exporter or U.S. Principal Party in Interest ("USPPI") on
any documentation or filings relating to any export. Purchaser acknowledges it's acting on its own
behalf and not as ABB's agent for export or any other purposes.
(c) Purchaser represents and warrants that the Equipment, Software and Services provided
hereunder, and the ""direct product"" thereof are intended for civil use only and will not be used,
directly or indirectly, for the production of chemical or biological weapons or of precursor
chemicals for such weapons, or for any direct or indirect nuclear end use or any other end use
prohibited by Trade Control Laws.
(d) Purchaser represents and warrants that: (1) neither Purchaser nor any Purchaser Entity is
included on any of the restricted party lists maintained by the U.S. Government, including the
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Specially Designated Nationals List administered by the U.S. Treasury Department's Office of
Foreign Assets Control ("OFAC"), Denied Parties List, Unverified List or Entity List maintained by
the U.S. Commerce Department's Bureau of Industry and Security ("BIS"), or the List of Statutorily
Debarred Parties maintained by the U.S. State Department's Directorate of Defense Trade
Controls, listed, the ITAR §126.1 Restricted Parties List, or the consolidated list of asset freeze
targets designated by the United Nations, European Union, and United States or any similar list
maintained by the European Union or European member state (collectively "Restricted Parties
List"); and (2) no entity or person listed on the Restricted Parties List (or owned directly or
indirectly, in whole or in part, by an entity or person on the Restricted Parties List) has any
property, financial or other interest in the Equipment, Software or Services, and that the same
shall not be transferred, reexported, disclosed to or otherwise provided to an entity or person on
the Restricted Parties List. Purchaser shall notify ABB immediately if Purchaser or a Purchaser
Entity becomes listed on the Restricted Party List.
(e) Purchaser shall notify ABB immediately upon awareness of any breach or suspected breach of
this Article 19. Any violation of Purchaser's obligations under this Article 19 is a material breach of
this Agreement and ABB reserves the right to terminate the Agreement immediately upon written
notice for Purchaser's default. Purchaser shall indemnify, defend and hold harmless ABB, its
officers, directors, employees, agents, affiliates, successors, and permitted assigns from and
against all claims, causes of action, damages, liabilities, and expenses, including attorney's fees
arising from Purchaser's breach of this Article 19 and any resulting termination of this Agreement.
(f) If agreed to by the Parties pursuant to a written statement of work or elsewhere in this
Agreement, ABB shall file for a U.S. export license, but only after appropriate documentation for
the license application has been provided by Purchaser. Purchaser shall furnish such
documentation within a reasonable time after purchase order acceptance. Any delay in obtaining
such license shall suspend performance of this Agreement by ABB. If an export license is not
granted or, if once granted, is thereafter revoked or modified by the appropriate authorities, this
Agreement may be canceled by ABB without liability for damages of any kind resulting from such
cancellation. At ABB's request, Purchaser shall provide to ABB a Letter of Assurance and EndUser Statement in a form reasonably satisfactory to ABB.
(g) When applicable, the party considered the exporter of the Equipment, Software, Services
and/or data, will apply for the export license in compliance with all applicable Trade Control Laws.
If ABB is the applicant of the export license, the Purchaser agrees to immediately provide all the
necessary information and documentation (i.e. End-User/End-Use Certificate and Letter of
Assurance) required to apply for the license. If an export license is denied or revoked, the
applicant must notify the other party immediately and this Agreement may be terminated by ABB
without liability for damages of any kind resulting from such termination.
20. Trade Controls.
(a) The Parties agree to comply with all applicable sanctions and export control laws in connection
with this Agreement. Sanctions and export control laws and regulations include any applicable
laws, regulations, or administrative or regulatory decisions or guidelines that sanction, prohibit or
restrict certain activities including, but not limited to, (i) import, export, re-export, transfer, or transshipment of goods, services, technology, or software; (ii) financing of, in-vestment in, or direct or
indirect transactions or dealings with certain countries, territories, regions, governments, projects,
or specifically designated persons or entities, including any future amendments to these
provisions; or (iii) any other laws, regulations, administrative or regulatory decisions, or guidelines
adopted, maintained, or enforced by any Sanctions Agency on or after the date of the [purchase
order] (collectively, “Trade Control Laws”). “Sanctions Agency” means any governmental or
regulatory body, instrumentality, authority, institution, agency or court that promulgates or
administers Trade Control Laws including, but not limited to, the aforementioned governmental
and regulatory bodies of (i) the United Nations, (ii) the United States of America (including the U.S.
Department of Treasury Office of Foreign Assets Control, U.S. Department of State and U.S.
Department of Commerce), (iii) the European Union or (iv) Switzerland.
(b) The Parties confirm that they have not violated, shall not violate, and shall not cause the other
Party to violate, any applicable Trade Control Laws. Each Party represents and warrants that, to
the best of its knowledge, at the date of the [purchase order] neither it, nor any of their respective
directors or officers are a Restricted Person. Each Party agrees that it shall promptly notify the
other Party if it becomes a Restricted Person. “Restricted Person” means any entity or person
included on a list (including U.S. and EU lists) of targeted parties, blocked parties, or persons
subject to asset-freezing or other restrictions introduced under any applicable Trade Control Laws
(and includes any entity that is directly or indirectly owned fifty (50) percent or more, in the
aggregate or individually, or otherwise controlled by any Restricted Person).
(c) If, as a result of Trade Control Laws issued or amended after the date of the [purchase orer],
including, but not limited to, (i) the Purchaser or the end-user is/becomes a Restricted Person, or
(ii) any necessary export license or authorization from a Sanctions Agency is not granted, the
performance by ABB or any of its affiliates becomes illegal or impracticable, ABB shall be entitled
to either immediately suspend the performance of the affected obligation under the [purchase
order] until such time as ABB may lawfully discharge such obligation or unilaterally terminate the
[purchase order] in whole or in part. ABB will not be liable to the Purchaser for any costs,
expenses or damages associated with such suspension or termination of the [purchase order].
(d) The Parties undertake to obtain all the necessary licenses and/or permits from the competent
authorities for the import or export, re-export, or in-country transfer of Equipment and Services.
Equipment and Software, and the "direct product" thereof, that originate from the United States are
subject to the U.S. Export Administration Regulations ("EAR") and must not be exported, reexported, or transferred (in-country) without obtaining the necessary valid li-censes/authorizations
of the competent US authorities. At ABB's request, Purchaser shall provide to ABB a Letter of
Assurance and End-User Statement in a form reasonably satisfactory to ABB.
(e) The Purchaser represents and warrants that the Equipment and Services are for civil use only.
The Purchaser further represents that it will not directly or indirectly sell, export, re-export, release,
transmit or otherwise transfer any items received from ABB to any Restricted Parties, or parties
that operate, or whose end use will be, in a jurisdiction/region prohibited by ABB including Belarus,
Crimea, Cuba, Iran, North Korea, Russia, Syria, as well as the Donetsk, Luhansk, Kherson, and
Zaporizhzhia regions of Ukraine (such list may be amended by ABB at any time).
(f) If the Purchaser infringes any obligations in this Trade Controls clause in connection with the
[purchase order], the Purchaser must immediately notify ABB. Failure to comply with these Trade
Compliance obligations shall be considered a material breach, and ABB shall have the right to
unilaterally terminate the Agreement with immediate effect. Such termination would be without
prejudice to all rights of recourse which could be exercised by ABB, and ABB shall not be liable to
Purchaser for any claim, losses or damages whatsoever related to its decision to terminate
performance under this provision. Further, Purchaser shall indemnify ABB for all liabilities,
damages, costs, or expenses incurred as a result of any such violation, breach and/or termination
of the Agreement. ABB may report such violations to relevant authorities as required by applicable
Trade Control Laws.
(g) For the avoidance of doubt, no provision in this Agreement shall be interpreted or applied in a
way that would require any Party to do, or refrain from doing, any act which would constitute a
violation of, or result in a loss of economic benefit under, applicable Trade Control Laws.
21. Bribery and Corruption.
(a) Purchaser hereby warrants that it will not, directly or indirectly, and it has no knowledge that
other persons will, directly or indirectly, make any payment, gift or other commitment to its
customers, to government officials or to agents, directors and employees of ABB or any other
party in a manner contrary to applicable laws (including but not limited to the Corruption of Foreign
Public Officials Act (Canada), the Foreign Corrupt Practices Act (United States) and, where
applicable, legislation enacted by member States and signatories implementing the OECD
Convention Combating Bribery of Foreign Officials) and shall comply with all relevant laws,
regulations, ordinances and rules regarding bribery and corruption.
(b) Nothing hereunder shall render ABB liable to reimburse Purchaser for any such consideration
given or promised.
(c) Purchaser's material violation of any of the obligations contained in Article 21(a) above may be
considered by ABB to be a material breach hereunder and shall entitle ABB to terminate this
agreement with immediate effect and without prejudice to any further right or remedies on the part
of ABB hereunder or applicable law. Purchaser shall indemnify ABB for all liabilities, damages,
costs or expenses incurred as a result of any such violation of the above-mentioned obligations
and termination of this agreement.
(d) Purchaser understands that ABB's Code of Conduct is available for consultation online at
http://www.abb.com/integrity. Purchaser agrees to perform its contractual obligations hereunder
with substantially similar standards of ethical behavior as those found in Supplier's Code of
Conduct.
(e) ABB r has established the following reporting channels where Purchaser and its employees
may report suspected violations of applicable laws, policies or standards of conduct:
Web portal: www.abb.com/integrity
Telephone: number specified on the above Web portal
Mail: address specified on the above Web portal
22. Assignment.
Any assignment of this Agreement or of any rights or obligations under the Agreement without
prior written consent of ABB shall be void.
23. Nuclear.
Equipment and Services sold hereunder are not intended for use in connection with any nuclear
facility or activity, and Purchaser warrants that it shall not use or permit others to use Equipment or
Services for such purposes, without the advance written consent of ABB. If, in breach of this, any
such use occurs, ABB (and its parent, affiliates, suppliers and subcontractors) disclaims all liability
for any nuclear or other damage, injury or contamination, including without limitation any physical
damage to a nuclear facility itself, resulting from a nuclear incident and, in addition to any other
rights of ABB, Purchaser shall indemnify and hold ABB (and its parent, affiliates, suppliers and
subcontractors) harmless against all such liability including, but not limited to, any physical
damage to the nuclear facility or surrounding properties, if any. Consent of ABB to any such use, if
any, will be conditioned upon additional terms and conditions that ABB determines to be
acceptable for protection against nuclear liability including but not limited to the requirement that
the Purchaser and/or its end user customer shall have complete insurance protection against
liability and property damage including without limitation physical damage to a nuclear facility itself
or any surrounding properties, if any, resulting from a nuclear incident and shall indemnify ABB, its
subcontractors, suppliers and vendors against all claims resulting from a nuclear incident
including, but not limited to, any physical damage to the nuclear facility.
24. Resale.
If Purchaser resells any of the Equipment or Services, the sale terms shall limit ABB's liability to
the buyer to the same extent that ABB's liability to Purchaser is limited hereunder. Additionally, if
the end-user intends to use the Equipment or Services in connection with any nuclear facility or
activity, the Purchaser shall require the end-user comply with the financial requirements under
Price-Anderson Act (PAA) and secure a written release of liability which flows from the end-user to
the benefit of ABB.
25. Environmental, Health and Safety Matters.
(a) Purchaser shall be obligated to maintain safe working conditions at its facility or location (the
"Site"), including the implementing of appropriate procedures regarding Hazardous Materials,
confined space entry, and energization and de-energization of power systems (electrical,
mechanical and hydraulic) using safe and effective lock- out/tag-out ("LOTO") procedures
including physical LOTO or a mutually agreed upon alternative method.
(b) Purchaser shall immediately advise ABB in writing of all applicable Site-specific health, safety,
security and environmental requirements and procedures. Without limiting Purchaser's
responsibilities hereunder, ABB has the right but not the obligation to, from time to time, review,
audit and inspect applicable health, safety, security and environmental documentation, procedures
and conditions at the Site.
(c) If, in ABB's reasonable opinion, the health, safety, or security of personnel or the Site is, or is
likely to be, imperiled by security risks, the presence of or threat of exposure to Hazardous
Materials, or unsafe working conditions, ABB may, in addition to other rights or remedies available
to it, remove some or all of its personnel from Site, suspend performance of all or any part of the
purchase order, and/or remotely perform or supervise work. Any such occurrence shall be
considered a Force Majeure event. Purchaser shall reasonably assist in ensuring the safe
departure of personnel from the Site.
(d) Purchaser shall not require or permit ABB's personnel to operate Purchaser's equipment at
Site.
(e) Purchaser will make its Site medical facilities and resources reasonably available to ABB
personnel who need medical attention.
(f) ABB has no responsibility or liability for the pre-existing condition of Purchaser's equipment or
the Site, which is the sole responsibility of Purchaser. Prior to ABB starting any work at Site,
Purchaser will provide documentation that identifies the presence and condition of any Hazardous
Materials existing in or about Purchaser's equipment or the Site that ABB may encounter while
performing under this Agreement. The provision of such documentation shall in no way release
Purchaser from its responsibility for said conditions. Purchaser shall disclose to ABB industrial
hygiene and environmental monitoring data regarding conditions that may affect ABB's work or
personnel at the Site. Purchaser shall keep ABB informed of changes in any such conditions.
(g) ABB shall promptly notify Purchaser if ABB becomes aware of: (i) conditions at the Site
differing materially from those disclosed by Purchaser, or (ii) previously unknown physical
conditions at Site differing materially from those ordinarily encountered and generally recognized
as inherent in work of the character provided for in the Agreement. If any such conditions cause an
increase in ABB's cost of, or the time required for, performance of any part of the work under the
Agreement, an equitable adjustment in price and schedule shall be made.
(h) If ABB encounters Hazardous Materials in Purchaser's equipment or at the Site that require
special handling or disposal, ABB is not obligated to continue work affected by the hazardous
conditions. In such an event, Purchaser shall at its sole cost and expense eliminate the hazardous
conditions in accordance with applicable laws and regulations so that ABB's work under the
Agreement may safely proceed, and ABB shall be entitled to an equitable adjustment of the price
Page 3 of 4
GTCs of Sale (2025-02 U.S.)
and schedule to compensate for any increase in ABB's cost of, or time required for, performance
of any part of the work. Purchaser shall properly store, transport and dispose of all Hazardous
Materials introduced, produced or generated in the course of ABB's work at the Site.
(i) Purchaser shall indemnify ABB for any and all claims, damages, losses, and expenses arising
out of or relating to any Hazardous Materials which are or were (i) present in or about Purchaser's
equipment or the Site prior to the commencement of ABB's work, (ii) improperly handled or
disposed of by Purchaser or Purchaser's employees, agents, contractors or subcontractors, or (iii)
brought, generated, produced or released on Site by parties other than ABB.
26. Confidentiality.
a) ABB and Purchaser (as to information disclosed, the "Disclosing Party") may each provide the
other party (as to information received, the "Receiving Party") with Confidential Information in
connection with this Agreement. "Confidential Information" means (a) information that is
designated in writing as "confidential" or "proprietary" by Disclosing Party at the time of written
disclosure, and (b) information that is orally designated as "confidential" or "proprietary" by
Disclosing Party at the time of oral or visual disclosure and is confirmed to be "confidential" or
"proprietary" in writing within fifteen (15) days after the oral or visual disclosure. In addition, prices
for Products and Services shall be considered ABB's Confidential Information.
(b) Receiving Party agrees: (i) to use the Confidential Information only in connection with the
Agreement and use of Products and Services, (ii) to take reasonable measures to prevent
disclosure of the Confidential Information to third parties, and (iii) not to disclose the Confidential
Information to a competitor of Disclosing Party. Notwithstanding these restrictions, each party shall
permit access to the other's Confidential Information only to its employees who: (i) reasonably
require access to Confidential Information for purposes approved by this Agreement, and (ii) have
undertaken a binding obligation of confidentiality with respect to the confidential information of
others entrusted to him or her, and (iii) have been apprised of the confidentiality obligations
hereunder. ABB may disclose Confidential Information to its affiliates and subcontractors in
connection with performance of the purchase order. A Receiving Party may only disclose
Confidential Information to any other third party with the prior written permission of Disclosing
Party, and in each case, only so long as the Receiving Party obtains a non-disclosure commitment
from any such third party that prohibits disclosure of the Confidential Information and provided
further that the Receiving Party remains responsible for any unauthorized use or disclosure of the
Confidential Information. Receiving Party shall upon request return to Disclosing Party or destroy
all copies of Confidential Information except to the extent that a specific provision of the
Agreement entitles Receiving Party to retain an item of Confidential Information. ABB may also
retain one archive copy of Purchaser's Confidential Information.
(c) The obligations under this Article 25 shall not apply to any portion of the Confidential
Information that: (i) is or becomes generally available to the public other than as a result of
disclosure by Receiving Party, its representatives or its affiliates; (ii) is or becomes available to
Receiving Party on a non-confidential basis from a source other than Disclosing Party when the
source is not, to the best of Receiving Party's knowledge, subject to a confidentiality obligation to
Disclosing Party; (iii) is independently developed by Receiving Party, its representatives or
affiliates, without reference to the Confidential Information; (iv) is required to be disclosed by law
or valid legal process provided that the Receiving Party intending to make disclosure in response
to such requirements or process shall promptly notify the Disclosing Party in advance of such
disclosure and reasonably cooperate in attempts to maintain the confidentiality of the Confidential
Information.
(d) As to any individual item of Confidential Information, the restrictions under this Article 25 shall
expire five (5) years after the date of disclosure. This Article 25 does not supersede any separate
confidentiality or nondisclosure agreement signed by the parties.
(iv) all other U.S. Government agency contract provisions are rejected.
(c) If Purchaser is procuring as a contractor, or subcontractor at any tier, on behalf of an agency of
a U.S. government entity, then Purchaser agrees that:
(i) only the clauses identified in FAR 52.212-5(e)(1) or 52.244-6(c)(1) (whichever is applicable)
apply and only to the extent applicable for sale of COTS and/or commercial products and/or
services and as appropriate for the purchase order price.
(ii) Purchaser shall notify ABB prior to transmitting any Controlled Unclassified Information ("CUI")
to ABB, and only upon written authorization by ABB may Purchaser transmit CUI to ABB.
Purchaser shall transmit CUI to ABB in accordance with applicable CUI safeguarding and/or
dissemination authority requirements.
(iii) prevailing wage and related public works labor and employment laws or regulations are not
applicable to ABB's services offered in the Proposal.
(iv) Purchaser is solely responsible for its obligations to its customer(s), including validating that
ABB's Proposal fulfills Purchaser's U.S. Government contracting obligations, if any. To the extent
the terms and conditions of Purchaser's customer contract(s) are different from the terms and
conditions of this Agreement, Purchaser shall defend, indemnify and hold ABB harmless from and
against all losses, liabilities, cost, expense (including attorney's fees and expenses of litigation
and/or settlement), damages, allegations, claims, causes of action and judgments resulting from
such difference. In no event will Purchaser withhold payment due to ABB for any dispute or liability
incurred between Purchaser and its customer(s).
30. Data Protection.
(a) The parties agree that the protection of Personal Data is very important. If Purchaser discloses
Personal Data to ABB, ABB shall comply with all applicable data protection laws and regulations.
Purchaser shall comply with all applicable data protection laws and regulations in respect of any
Personal Data it receives from ABB in the course of receiving the Equipment or Services.
(b) The parties agree that neither will withhold or delay its consent to any changes to this clause
which are required to be made in order to comply with applicable data protection laws and
regulations and/or with guidelines and order from any competent supervisory authority, and their
application to the Equipment or Services from time to time, and agrees to implement any such
changes at no additional cost to the other party.
(c) The parties acknowledge that the processing of Personal Data in accordance with this
purchase order may require the conclusion of additional data processing agreements or additional
data protection agreements. If and to the extent such additional data processing agreements or
additional data protection agreements are not initially concluded as part of the purchase order, the
parties shall, and shall ensure that their relevant affiliates or subcontractors shall, upon the other's
request promptly enter into any such agreement with an affiliate, as designated by the other party
and as required by mandatory law or a competent data protection or other competent authority.
27. Non-Survival.
The following Articles shall not survive termination or cancellation of this Agreement: 5, 7, 8, 17
and 18. All other Articles shall survive the termination or cancellation of the Agreement.
28. Entire Agreement.
This Agreement constitutes the entire agreement between ABB and Purchaser. There are no
agreements, understandings, restrictions, warranties, or representations between ABB and
Purchaser other than those set forth herein or herein provided. As stated in Article 1 of this
Agreement, ABB's Proposal, Policies, Addendum(s), if any, submitted to Purchaser, shall control
over any conflicting terms. ABB specifically rejects any exceptions to this Agreement, Proposals,
Polices, and/or Addendum(s) on the face of any purchase order. Purchaser shall advise ABB in
writing of all conflicts, errors, omissions, or discrepancies among the Proposal, Policies,
Addendum(s) and this Agreement immediately upon discovery. This Agreement shall supersede
any standard, preprinted terms and conditions that are automatically attached to purchase orders
issued by Purchaser.
29. US Government Contracts.
This Article 28 applies only if the Agreement is for the direct or indirect sale, or is funded in whole
or in part by, an agency of the U.S.federal government, or a state government, or any other
U.S.government instrumentality or political subdivision (collectively "U.S.government entity").
Unless otherwise expressly stated and specifically agreed in ABB's Proposal:
(a) Purchaser agrees that:
(i) all Equipment, Software, and Services provided by ABB meet the definition of "commercial-offthe-shelf" ("COTS") or "commercial product" or "commercial service" or "commercial computer
software" as those terms are defined in Federal Acquisition Regulation ("FAR") 2.101.
(ii) ABB technical data and computer software are developed at ABB's private expense and not in
performance of the Agreement. ABB retains ownership and proprietary rights in all technical data
and computer software provided to Purchaser under the Agreement and under a U.S.Government
contract or subcontract. Neither the Purchaser, the U.S.Government nor any higher-tier contractor
under a U.S.Government contract will obtain any rights in ABB technical data or computer
software beyond the rights provided under ABB's standard commercial licenses consistent with
FAR 12.211 and 12.212.
(iii) to the extent the Buy American Act (41 U.S.C. §§ 8301 –8305, as amended), Trade
Agreements Act (19 U.S.C. §§ 2501 – 2581, as amended), Build America, Buy America(Pub. L.
117-58, December 29, 2022, as amended) or other domestic preference requirements are
applicable to this Agreement, the country of origin of Equipment or Software is unknown.
(iv) the version of any applicable FAR clause listed in this Article 28 shall be the one in effect on
the effective date of this Agreement.
(b) If Purchaser is an agency of the U.S. Government, then as permitted by FAR 12.302,
Purchaser agrees that:
(i) all paragraphs of FAR 52.212-4 (except those listed in 12.302(b)) are replaced with these
Terms and Conditions.
(ii) only the clauses identified in FAR 52.212-5 apply and only to the extent applicable for sale of
COTS and/or commercial products and/or commercial services and as appropriate for the
purchase order price.
(iii) any Services offered by ABB are exempt from the Service Contract Act of 1965 (41 U.S.C. §§
6701 - 6707, as amended).
Page 4 of 4
Proposed Change Order
Contract Name: Amplify Hancock Career Center
Contract #: A0015634.2
Project Name: Amplify Hancock Career Center
Project #: A0015634
Client PCO #:
Noblesville IN Office
17225 Kraft Court
Noblesville, Indiana 46060
Client Address:
Work Description
Electrical Changes IAW ASI 024 Documents and RFI 114 Clarifications:
-Circuits Breakers
-Disconnects
-Conduit and Conductors
-L6-20R Devices
Itemized Description
Description
Qty
Net Price U
Total Mat. $
Labor U
Total Hours
-3.000
9.000
-3.000
9.000
-270.000
385.000
10.000
-26.000
36.000
-6.000
18.000
2.000
-3.000
9.000
138.03 C
239.97 C
32.57 C
70.73 C
55.94 C
96.06 C
57.88 C
28.70 C
46.03 C
26.31 C
44.66 C
388.01 C
0.00 E
0.00 E
-4.14
21.60
-0.98
6.37
-151.04
369.83
5.79
-7.46
16.57
-1.58
8.04
7.76
0.00
0.00
35.000 C
35.000 C
9.000 C
9.000 C
6.200 C
13.600 C
7.750 C
6.000 C
14.000 C
12.000 C
30.000 C
27.500 C
0.000 E
0.000 E
-1.050
3.150
-0.270
0.810
-16.740
52.360
0.775
-1.560
5.040
-0.720
5.400
0.550
0.000
0.000
2.000
0.00 E
0.00
2.500 E
5.000
2.000
6.000
0.00 E
0.00 E
0.00
0.00
0.730 E
0.050 E
1.460
0.300
2.000
0.00 E
0.00
4.150 E
8.300
2.000
0.00 E
0.00
0.200 E
0.400
-37.000
53.000
6.56 C
13.09 C
-2.43
6.94
5.000 C
5.000 C
-1.850
2.650
|| E-201C - 1ST FLR POWER - UNIT C
2-1/8" D 4" Square Box 1/2 & 3/4" KO
2-1/8" D 4-11/16" Square Box 1" KO
4" Square Box Cover Flat Blank - Steel
4-11/16" Square Box Cover Blank - Steel
3/4" Conduit - EMT 10' Lengths
1" Conduit - EMT 10' Lengths
3/4" Conduit - LFMC Steel Gray
3/4" Coupling - EMT Set Screw Steel
1" Coupling - EMT Set Screw Steel
3/4" Connector - EMT Set Screw Steel
1" Connector - EMT Set Screw Steel
3/4" Connector - Liquidtight Malleable Insulated
3/4" Measure Cut & Ream Labor - EMT
1" Measure Cut & Ream Labor - EMT
30A Safety Switch Heavy Duty Non-Fusible 600V 3
Pole - NEMA 1
30A 2P Breaker Molded Case - Open
60A Fuse 250V Time Delay - Class RK5
Size 2 Magnetic Starter Combination Fusible NEMA
Rated 3-Phase - NEMA 1
#8 Equipment Termination 3-Conductor to 600V w/
Ground
3/4" 1-Hole Strap - EMT Steel
1" 1-Hole Strap - EMT Steel
Monday, October 20, 2025 11:21 AM
1/3
Proposed Change Order
Contract Name: Amplify Hancock Career Center
Contract #: A0015634.2
Project Name: A0015634
Project #: Amplify Hancock Career Center
Client PCO #:
Noblesville IN Office
17225 Kraft Court
Noblesville, Indiana 46060
Client Address:
1" x 3/8-16 Beam Clamp Malleable w/ Threaded
Hole Bottom & Back
1-5/8" D 1-5/8" W Channel w/ Slotted Holes - Steel
Pre-Galvanized 12 Gauge 10' Lengths
3/8-16 Hex Head Nut - Plated Steel
#10 x 1/2" Self-Tapping Screw Hex Head - Plated
Steel
3/8-16 Threaded Rod - Plated Steel 10' Lengths
3/8" x 1" Fender Washer - Plated Steel
3/8" Lock Washer - Plated Steel
#12 Black Wire THHN / T90 - Copper
#12 Green Wire THHN / T90 - Copper
#10 Black Wire THHN / T90 - Copper
#10 Green Wire THHN / T90 - Copper
#8 Black Wire THHN / T90 - Copper
#16 to #10 Wire Connector Live Spring Twist-On 600V
#12 to #6 Wire Connector Live Spring Twist-On 600V
20A 250V 3W Black Single Receptacle Locking
Blade - Specification Grade
Drawing Totals
1,324.000
782.64
103.599
Totals
1,324.000
782.64
103.599
19.000
201.61 C
38.31
37.500 C
7.125
19.000
185.43 C
35.23
30.000 C
5.700
38.000
4.53 C
1.72
3.500 C
1.330
2.000
0.00 C
0.00
3.900 C
0.078
75.000
38.000
38.000
-594.000
-297.000
1,271.000
440.000
48.000
46.89 C
4.41 C
2.18 C
173.03 M
185.37 M
283.52 M
283.52 M
526.23 M
35.17
1.68
0.83
-102.78
-55.05
360.35
124.75
25.26
13.700 C
0.879 C
0.879 C
7.500 M
7.502 M
9.625 M
9.641 M
12.938 M
10.275
0.334
0.334
-4.455
-2.228
12.233
4.242
0.621
-9.000
13.88 C
-1.25
8.000 C
-0.720
36.000
35.49 C
12.78
10.000 C
3.600
3.000
10.13 E
30.39
0.375 E
1.125
Summary
Extension Materials
Database Material
Total Extension Material Cost
Material Overhead
Material Markup
Total Extension Material
%
Total
5.00
5.00
782.66
782.66
39.13
41.09
862.88
Quotes
Cost
Switchgear
Total Quotes
Labor
Tax %
373.98
OH %
MU %
Total
5.000
5.000
412.31
%
Total
412.31
Hours
Rate
Sub Total
103.599
90.00
9,323.91
Field Labor
Blended Rate
Total Field Labor
Total Labor Cost
Labor Overhead
Labor Markup
Total Labor
General Expenses
Project Manager
Total General Expenses
Monday, October 20, 2025 11:21 AM
9,323.91
9,323.91
5.000
5.000
466.20
489.51
OH %
MU %
Total
5.000
5.000
441.00
10,279.61
Qty Duration
4.00
Cost/Unit
100.00
Tax %
441.00
2/3
Proposed Change Order
Contract Name: Amplify Hancock Career Center
Contract #: A0015634.2
Project Name: A0015634
Project #: Amplify Hancock Career Center
Client PCO #:
Noblesville IN Office
17225 Kraft Court
Noblesville, Indiana 46060
Client Address:
Equipment
Qty Duration
Small Tools (Per Hour)
Large Tools (Per Week)
Scissor Lift 26' Electric - Wide
Safety Equipment
Total Equipment
Sub Total 1
Sub Total 2
P & P Bond
Final Adj
Total Adjustments
103.599
103.599
1.000
103.599
0.500
Cost/Unit
Tax %
OH %
MU %
Total
1.25
1.00
485.00
0.25
9.250
9.250
9.250
9.250
5.000
5.000
5.000
5.000
5.000
5.000
5.000
5.000
155.98
124.78
292.09
31.20
604.05
12,599.86
12,599.85
2.000
0.001
252.00
0.15
252.15
Selling Price
Tax
12,852.00
0.00
Total
12,852.00
Contractor Certification
Name:
Date:
Signature:
I hereby certify that this quotation is complete and accurate based on the information provided
Client Acceptance
PCO #:
16
Final Amount:
$ 12,852.00
Name:
Date:
Signature:
Change Order #:
I hereby accept this quotation and authorize the contractor to complete the above described work
Work Description
Monday, October 20, 2025 11:21 AM
3/3
Customer Quote For: GAYLOR ELECTRIC
3289CED - INDIANAPOLIS
Quote: Q1228590
9720 RAWLES AVE
SUITE 100
INDIANAPOLIS IN 46229
Tel: (317)231-2231 Fax: (317)231-2230
Revision #: 000
Contact Name: JUSTIN TRAHAN
Quote Date: 02/16/26
Updated On: 02/16/26
Expires On: 02/18/26
Job Name: ASI 024
Attn: BLAKE WATERS
Ship To: GAYLOR ELECTRIC
GAYLOR - SHOP
17225 KRAFT CT
NOBLESVILLE, IN 46060-0000
Customer PO #:
Customer PO Date:
FOB: SHIPPING POINT
Freight: PREPAID
LN
Product
Qty Avail Lead Time
Qty
Price
Per *
Ext Price
01
COND EMT-3/4
3/4" EMT CONDUIT (5,000')
226140
100
$72.16
C
$72.16
STEEL MATERIAL; HOT DIP GALVANIZED FINISH; 10 FOOT; 0.922 INCH OUTER DIAMETER; UL 797 APPROVAL; ANSI C80.3 APPLICABLE STANDARD; 46 POUND PER 100
FOOT WEIGHT; 3/4 INCH TRADE SIZE; 0.049 INCH WALL THICKNESS; PLAIN END STYLE
02
AFC SK75RKON
3/4" EMT SET SCREW COUPLING (25)
89969
10
$25.02
C
$2.50
47757
4
$22.57
C
$0.90
6834
3
$166.27
C
$4.99
3/4IN EMT SET SCREW COUPLING
03
AFC SC75RKON
3/4" EMT SET SCREW CONNECTOR (25)
3/4IN EMT SET SCREW CONNECTOR
04
SOUTH 72171SW
4-11/16 SQ 2-1/8"DP BX (25/BX)
4-11/16IN SQ BOX WLD 2-1/8IN DP 1/2-3/4KO
Merchandise:
Additional Sales Tax May Apply:
Total:
$80.55
$80.55
PLEASE NOTE: THIS IS NOT AN OFFER TO CONTRACT, BUT MERELY A QUOTATION OF CURRENT PRICES FOR YOUR
CONVENIENCE AND INFORMATION. ORDERS BASED ON THIS QUOTATION ARE SUBJECT TO YOUR ACCEPTANCE OF THE
TERMS AND CONDITIONS LOCATED AT SALES.OUR-TERMS.COM, WHICH WE MAY CHANGE FROM TIME TO TIME WITHOUT
PRIOR NOTICE. WE MAKE NO REPRESENTATION WITH RESPECT TO COMPLIANCE WITH JOB SPECIFICATIONS.
* Per E = Each, C = Hundred, M = Thousand
Terms and Conditions
1 OF 1
MEYER NAJEM
11787 Lantern Road, Suite 100 Fishers, IN 46038 ph: 317.577.0007 fax: 317.577.0286
CHANGE REQUEST
To: Bill Spalding
Hancock County Commissioners
111 American Legion Palce
Greenfield, IN 46140
Change Request #: 119
Job: 02-24-739 Amplify Hancock County Career
Issued Date: 2/3/26
Response Due Date: 2/10/2026
Description: ASI#033 Bus Plugs & Fuse Reducers Material Only
If a response is not received by the due date above, additional
General Conditions and Calendar days may apply.
Reason: Design Change
Schedule Impact: TBD
Initiated by: Zach Grajewski (Ratio Architects, Inc.)
Source: ASI # 033
Meyer Najem Construction, LLC submits a Change Request for the following Work:
Furnish forty-eight (48) 30A/4W bus plugs (46 required per ASI#033 and 2 spare bus plugs), twenty-one (21) 60A-30A fuse
reducers, and fifteen (15) 100A-30A fuse reducers material only. Fuse reducers have been released per Veridus direction. All labor,
MNC staffing, equipment, and balance of material for connection of bus plugs to equipment will be included in this Change Request
and either CR#100 or CR#120 being submitted at this time.
Bus plugs have thirty (30) week lead time from release with no option to expedite. Bus plug lead time will delay project completion,
End-User use of equipment, and potentially Certificate of Occupancy. Veridus and MNC are scheduling a call with Building
Department to discuss whether added bus plugs will delay Certificate of Occupancy. Full extent of this delay cannot be determined
until bus plugs are released and anticipated delivery date is provided by manufacturer/supplier. Associated labor costs are unknown
at this time, pending Owner decision and direction on either CR#100 or CR#120.
By signing this Change Request and subsequent Change Order, Hancock County Commissioners accept that utility services will be
turned over to the County/Amplify Board upon Substantial Completion, which is anticipated to be May 20, 2026. Remaining bus plug
scope shall be listed on Certificate of Substantial Completion as work to be completed and shall not hold up or delay Substantial
Completion issuance.
Vendor
Description
Gaylor Electric, Inc.
Provide all material cost to furnish forty-eight (48) additional 30A/4W bus
plugs, twenty-one (21) 60A-30A fuse reducers, and fifteen (15) 100A-30A fuse
reducers. Excludes all labor, equipment, installation, and balance of materials
for connection and termination of equipment to bus plugs.
Price
$153,254.00
Subtotal:
$153,254.00
Addons, Markup, & Taxes
Description
% of Subtotal
Amount
$643.67
BIM
0.42%
Safety
0.45%
$692.54
GLI
0.94%
$1,453.15
Bond
1.00%
$1,560.43
Fee
2.00%
$3,152.21
Change Request Total:
Submitted by:
$160,756.00
Bryan Plassmeier
Meyer Najem Construction, LLC
Approved by:
Date:
Page 1 of 1
MEYER NAJEM
11787 Lantern Road, Suite 100 Fishers, IN 46038 ph: 317.577.0007 fax: 317.577.0286
CHANGE REQUEST
To: Bill Spalding
Hancock County Commissioners
111 American Legion Palce
Greenfield, IN 46140
Description: ASI#033 Bus Plugs Remainder No GRC
Change Request #: 120
Job: 02-24-739 Amplify Hancock County Career
Issued Date: 2/3/26
Response Due Date: 2/3/2026
If a response is not received by the due date above, additional
General Conditions and Calendar days may apply.
Reason: Design Change
Schedule Impact: Yes, TBD
Initiated by: Zach Grajewski (Ratio Architects, Inc.)
Source: ASI # 033
Meyer Najem Construction, LLC submits a Change Request for the following Work:
Remainder of bus plug scope of work which includes materials, labor, equipment, and additional MNC staffing costs associated with
bus plug portion of ASI#033, CR#119, Heapy's 1/30/26 email reponse to "Bus Ducts Clarifications Needed for Accurate Pricing", and
Heapy's excel sheet "Bus Plug Equipment List" provided with ASI#033. Assumes all work is to be performed during normal business
hours with limited premium cost as outlined in Gaylor's detailed breakdown. Pricing is based off NEMA and hardwired (HW)
configurations included in Heapy's excel sheet "Bus Plug Equipment List".
Bus plugs have thirty (30) week lead time from release with no option to expedite. Bus plug lead time will delay project completion,
End-User use of equipment, and potentially Certificate of Occupancy. Veridus and MNC are scheduling a call with Building
Department to discuss whether added bus plugs will delay Certificate of Occupancy. Full extent of this delay cannot be determined
until bus plugs are released and anticipated delivery date is provided by manufacturer/supplier.
By signing this Change Request and subsequent Change Order, Hancock County Commissioners accept that utility services will be
turned over to the County/Amplify Board upon Substantial Completion, which is anticipated to be May 20, 2026. Remaining bus plug
scope shall be listed on Certificate of Substantial Completion as work to be completed and shall not hold up or delay Substantial
Completion issuance.
Performing this work/scope on Time and Materials Not To Exceed will not be accepted for this change request .
Exclusions:
1) Weekend, 2nd shift, and 3rd shift work.
2) Bus plug and fuse reducers material cost. Material cost is included in CR#119.
3) Painting of any added electrical equipment/infrastructure.
4) Any changes from Heapy excel sheet "Bus Plug Equipment List". Changes from this excel sheet will be priced accordingly.
5) Rigid conduit (GRC) up to 10' AFF at equipment connections.
6) Rigid conduit (GRC) or EMT conduit
Vendor
Description
Price
Gaylor Electric, Inc.
Provide all labor, material, and equipment for power feeds, terminations,
female plug ends, and final connections of Owner equipment to all bus plugs
per ASI#033. Excludes 10' of rigid conduit (GRC) at equipment connections,
fuse reducer material cost, and bus plug material cost. Includes material and
installation credit for bid quantities of bus plug equipment feeds, cabling, and
terminations.
Meyer Najem Construction MNC Senior Project Manager additional 1 week of staffing costs due to bus
plug delay.
Meyer Najem Construction MNC Superintendent additional 3 weeks of staffing costs due to bus plug
delay.
$60,134.00
$6,640.00
$19,320.00
Subtotal:
$86,094.00
Addons, Markup, & Taxes
Description
% of Subtotal
Amount
BIM
0.42%
$361.59
Safety
0.45%
$389.05
GLI
0.94%
$816.34
Bond
1.00%
$876.61
Fee
2.00%
$1,771.41
Page 1 of 2
MEYER NAJEM
11787 Lantern Road, Suite 100 Fishers, IN 46038 ph: 317.577.0007 fax: 317.577.0286
CHANGE REQUEST
To: Bill Spalding
Hancock County Commissioners
111 American Legion Palce
Greenfield, IN 46140
Change Request #: 120
Job: 02-24-739 Amplify Hancock County Career
Issued Date: 2/3/26
Response Due Date: 2/3/2026
If a response is not received by the due date above, additional
General Conditions and Calendar days may apply.
Change Request Total:
Submitted by:
$90,309.00
Bryan Plassmeier
Meyer Najem Construction, LLC
Approved by:
Date:
Page 2 of 2
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