25.09.04 ICA Green Flush Technologies, LLC
CO-1
Form Approved by Town Attorney – 05/15/2024
CHANGE ORDER
Order No.: 001
Date: September 4, 2025
Agreement Date: September 25, 2024
NAME OF PROJECT: 2024 Independent Contractor Service Agreement for Prefabricated
Modular Restrooms at Nottingham Park
OWNER: Town of Avon, Colorado
CONTRACTOR: Green Flush Technologies, LLC
The following changes are hereby made to the CONTRACT DOCUMENTS :
Justification: See the Change Order Quote#AV01 in Attachment A for a summary of changes as
provided by the Contractor. The following are a brief overview of the contract changes:
HEATING FOR FOUR SEASON USE ($3,462.00): This item includes the elements added to the
original contract to provide heat to the restroom buildings during the winter months to
accommodate winter usage of the restroom buildings. Additional items in this scope include:
Heat Trace for Crawlspace Piping: $1,089
Heat Trace Circuits & Stainless-steel Electrical Boxes: $1,197 and $378, respectively.
Heat Trace Design Calculations: $798
The total Contract increase detailed herein for four season heating elements is $3,462.00.
ENERGY RECOVERY VENTILATOR (ERV) DESIGN ($4,655): While the ERV was included
in the original contract, the Contractor asserts the design of the system was not included and was
expected to be provided by the Owner, see explanation in Attachment B.
THERMOPLASTIC POLYOLEFIN (TPO) ROOFING 20-YEAR WARRANTY ($8,645.00):
TPO roofing was specified in the Project Specification with a 20-year warranty but was not
included in the original contract scope. This item includes the addition of the 20-year warranty to
the roofing system. See Attachment C for examples warranty details to be provided herein.
DOOR WIDTH ($781.00): This cost adjustment is to increase the primary entrance door width for
each building from 36-inches to 40-inches as requested by Avon. The single point of entry and
exit are anticipated to experience high traffic during events. Avon intends to prop these doors open
during events and the additional door width will allow for greater ease of simultaneous inbound
and outbound foot traffic.
ADA PUSH BUTTON DOOR OPERATORS ($4,316.00): This item includes the addition of a
push button door operator on the unisex/family room for compliance and enhanced accessibility.
CO-1
Form Approved by Town Attorney – 05/15/2024
Change to CONTRACT PRICE: $ 21,859.00
Original CONTRACT PRICE: $ 945,291.00
Current CONTRACT PRICE adjusted by previous CHANGE ORDER $ 945,291.00
The CONTRACT PRICE due to this CHANGE ORDER will be increased by $ 21,859.00.
The new CONTRACT PRICE including this CHANGE ORDER will be $ 967,150.00.
Change to CONTRACT TIME:
The CONTRACT TIME will be increased by 91 calendar days.
The date for completion of all work will be November 24, 2025.
APPROVALS REQUIRED:
Approved by Engineer: Nicole Mosby, Avon Senior Engineer
Accepted by Contractor: Kyle Earlywine, Co-owner Green Flush Tech.
Accepted and Approved by Owner: Eva Wilson, Avon Engineering Director ______
Federal Agency Approval (where applicable): __________________
Nicole Mosby (Sep 11, 2025 10:41:42 MDT)
Nicole Mosby
Eva Wilson (Sep 11, 2025 11:58:34 MDT)
CO-1
Form Approved by Town Attorney – 05/15/2024
ATTACHMENT A
Website:greenflushrestrooms.com
Email: info@green ushrestrooms.com
Phone: (360) 718-7595
CHANGE ORDER #: AV01 Date: 8/11/2025
To: Nicole Mosby
Town of Avon Colorado
For: Custom Model Restroom
Harry A. Nottingham Park
Avon, CO
Changes Price
Add heat trace $1,089.00
Add stainless steel electrical boxes $378.00
Add 2 circuits and breakers for heat trace $1,197.00
Heat trace calculations $798.00
Add ERV drawings and calculations $4,655.00
Add 20 year roof warranty and site installation at parapets $8,645.00
Change entry doors to 40" wide $781.00
Add push button door operator for unisex cabin $4,316.00
Total $21,859.00
Item Price
Original Contract $945,291.00
Change Order #AV01 $21,859.00
Revised Contract with Change Order $967,150.00
Accepted by:____________________________________________________ (Signed)
Printed name:___________________________________________________
Title:____________________________________________________________
CO-1
Form Approved by Town Attorney – 05/15/2024
ATTACHMENT B
1
Nicole Mosby
From:Ken Earlywine <ken@greenflushrestrooms.com>
Sent:Tuesday, September 2, 2025 9:37 AM
To:Nicole Mosby
Cc:Kyle Earlywine; Micah Wirhol; Eva Wilson; Eric Heil; Calvin Lantz; Jared Young; David
Whybrew
Subject:RE: Avon CO Change Order #AV01, HVAC design costs
Nicole:
The intent of this email is to address your question (highlighted below in yellow) on the line item in our
change order form addressing the design of the ductwork for the ERV.
We had to hire a HVAC engineer to design the ductwork to achieve optimum ventilation of the
system. The scope of our contract did not include design -build elements. Had the bid drawings been
100% complete the ductwork layout would have been included.
Sincerely,
Ken Earlywine, P.E.
Lead Engineer
Green Flush Restrooms
(360) 601-0283
From: Nicole Mosby <nmosby@avon.org>
Sent: Monday, August 11, 2025 3:22 PM
To: Calvin Lantz <calvin@greenflushrestrooms.com>
Cc: Ken Earlywine <ken@greenflushrestrooms.com>; Kyle Earlywine <kyle@greenflushrestrooms.com>; Micah Wirhol
<micah@greenflushrestrooms.com>; Eva Wilson <ewilson@avon.org>; Eric Heil <eheil@avon.org>
Subject: RE: Avon CO Change Order #AV01
All,
I do not have signing authority for this amount, and my Director is out this week.
Regardless, I am hesitant to proceed with further contract as we are looking at 13 months into what we
expected to be a maximum 9-month turnaround.
This put us into the winter season making it problematic to finish the exterior façade of the building.
2
We’ve been told that production was starting for about a month now, and It only keeps getting pushed
back further & further.
We are now told hopefully by November. However, I was promised a production schedule by the end of
day today.
3
Finally, an ERV was included in the contract and design calc were not ‘excluded’. I don’t recall that being
an added cost.
Please provide additional justification for this change order request.
4
Please provide a production schedule so we can feel confident this contract will move forward.
Nicole Mosby, PE, CFM
Senior Engineer
O. 970.748.4076 | M. 970.471.4420
nmosby@avon.org
From: Calvin Lantz <calvin@greenflushrestrooms.com>
Sent: Monday, August 11, 2025 3:58 PM
To: Nicole Mosby <nmosby@avon.org>
Cc: Ken Earlywine <ken@greenflushrestrooms.com >; Kyle Earlywine <kyle@greenflushrestrooms.com>; Micah Wirhol
<micah@greenflushrestrooms.com>
Subject: Avon CO Change Order #AV01
Nicole,
Here is the change order for the Avon CO restroom.
Please sign and return back to me.
Let me know if you have any questions.
Thanks
Calvin Lantz
Project Coordinator
Green Flush Restrooms
Office: (360) 718-7595 ext.700
Cell: (360) 772-2232
CO-1
Form Approved by Town Attorney – 05/15/2024
ATTACHMENT C
Phone: 425.905.5934
Contractors Registration ROOF*L*872KA
12817 Burn Rd. Arlington, WA 98223
Website: www.roofservicerepairllc.com Email: kellykallenberger@hotmail.com
License - Bonded - Insured
ATT: Hank Kennedy, GM Whitley Evergreen
RE: Green Flush Project East Nottingham Park
At: 4219 Smokey Point Blvd.
Marysville, WA.
PH: (360) 653-5790
hankkennedy@whitleyman.com
.080 mil Slate Gray TPO Membrane Installation Updated 4-10-25
1. Set up safety on the roof from the beam anchor points installed by WE.
2. Conduct pre-con safety orientation.
3. RSR provided materials will be loaded by Whitley Evergreen personnel on to the roof surface.
4. The .080 mil TPO membrane will be fully adhered to the substrate per Whitley Evergreen operations directive.
5. There are two Mods. Note: the perimeter detail will be fully adhered to the edge with a 16” overhang of loose material per
Whitley Evergreen directive to accommodate the brick siding detail to be installed on site.
6. Six plumbing vent pipe flashings and related membrane fastener plates and screws will be provided for ship loose
materials.
7. If any work is requested outside of the above noted scope of work, it must be in writing and will be a T&M..
8. 20-year manufacturer NDL expense and inspection scheduling to be paid by Whitley Evergreen
9. Note add fee of $6,500 to the pricing below (not to exceed four-man days of onsite labor) for the meals, motels, & air fare
for the NDL required flashing details around the perimeter and cap metal installation. If on site scheduling is altered
because of set up delays by others as a result additional time is required, the rate will be $600.00 per man per day above
and beyond the $6,500. Note this does not include the time or travel expenses for the NDL inspection as scheduled by
Whitley Evergreen.
Note: the supplier stated the turnaround time is 4 weeks from the date of materials being ordered.
_______________________________________
Print name/Title
_______________________________________ Proposal submitted by: Kelly Kallenberger
Signature and Date Owner
_______________________________________ Date of Proposal: 1-29-25
_______________________________________
City, State, Zip
Estimate is good for 30 days from above date
SAMPLE
SAMPLE
MULE-HIDE PRODUCTS CO., INC.
SINGLE-PLY LIMITED MEMBRANE WARRANTY FOR COMMERCIAL BUILDINGS ver. 4.0
WARRANTY NUMBER: SQUARE FOOTAGE:
BUILDING OWNER:
BUILDING ADDRESS:
EFFECTIVE DATE: EXPIRATION DATE:
MULE-HIDE PRODUCTS CO., INC. ("Mule-Hide") warrants to the above-named Building Owner ("Owner") that, subject to the terms,
conditions and limitations outline herein, Mule-Hide will provide membrane sufficient to replace any area of the Mule-Hide roofing membrane
(“Membrane”) installed at the above named location, which develops leaks due to manufacturing defect or the action of moisture, oxygen,
ozone and ultraviolet light modified by time and temperature ("Weathering") for the warranty period indicated above. “Membrane” for the
purposes of this Warranty is defined as the following Mule-Hide brand materials: EPDM, TPO, PVC or PVC-KEE. Care must be taken in
determining compatible environmental conditions for installation (see the following paragraph and Mule-Hide’s published specification). This
limited warranty applies to the Membrane only, and does not apply to workmanship, other materials or any other items. This warranty does not
cover the appearance, cleanliness or discoloration of the Membrane for any reason.
Mule-Hide assumes no liability for any failure of the Membrane resulting from: (1) Any natural cause, including but not limited to lighting, peak
gust wind speeds in excess of 55 mph, hurricane, tornado, hail, the infestation or presence of plant, mold, fungi, bacteria insects or animals,
earthquake, or any debris resulting from any of the foregoing; (2) Any act of negligence, accident, misuse or abuse, by Owner, the installer, or
any other person, including but not limited to vandalism, fire, falling object, civil disobedience, act of war or any criminal conduct; (3)
Environmental fallout, chemical attack or the presence within or outside the Building of any commercial or industrial solvent, acid, caustic
fluid, petroleum product, wax, grease, fats, oils, most hydrocarbons, absorbent, clay or plasticizer; (4) Any failure, settlement or movement of
the roof structure, roof deck or substrate; (5) Lack of drainage or ponding of water for any reason, including, but not limited to, any condition
caused by inadequate or improper roof pitch or drains, condensation from machinery, or deflection in the roof surface; (6) Improper
installation; (7) Use in an incompatible environment as indicated in the preceding paragraph; and (8) Failure to maintain the Membrane in
accordance with Mule-Hide’s published Building Owner’s Roof Care and Maintenance Guidelines, which includes but is not limited to,
addressing leaks or other adverse conditions in a timely fashion. To request performance of Mule-Hide's obligations under this Warranty, Owner must, within thirty (30) days of discovery of a purported leak
that would be covered by this warranty, send written notification of such leak at its own expense by certified mail to: Mule-Hide Products Co.,
Inc. Attn: Warranty Claims, P.O. Box 1057, Beloit, WI 53512-1057. This notice must include a general description of the purported leak.
Failure to notify the Mule-Hide in this manner (notice to the contractor, a re-seller or an authorized Mule-Hide Sales Representative is not
notice to Mule-Hide Warranty Claims) shall be deemed a waiver of any claim for the purported leak. Within thirty (30) days after written notice
of the alleged leak has been received by Mule-Hide, its representative will investigate the claim. Such investigation may include an inspection
of the roof and/or the securement of adequate samples of the Membrane from the structure to which it is affixed for testing by Mule-Hide as
part of its claims investigation. Failure to be permitted such investigation constitutes a waiver of the claim. Upon being permitted such
opportunity to investigate, Mule-Hide will then promptly perform any obligation imposed by this Warranty as a result of such investigation.
Owner is solely responsible to provide safe access to the roof.
If, upon inspection by the Mule-Hide, the Membrane exhibits leaks because of manufacturing defect or Weathering within the warranty period
stated herein, Mule-Hide’s liability and Owner’s sole and exclusive remedy shall the supply of replacement membrane sufficient to replace the
affected area of Membrane. Mule-Hide’s maximum liability under this Warranty will not exceed the original purchase price of the
Membrane. Should the investigation determine the leaks are caused by something other than manufacturing defects or Weathering, the
costs of the investigation shall be paid by the building owner. By accepting this warranty, Owner agrees to arrange for removal of water,
snow, ice, equipment, any paving or overburden at Owner’s expense to allow for investigation or repairs to be made.
MULE-HIDE DOES NOT WARRANT PRODUCTS UTILIZED IN THIS INSTALLATION WHICH IT HAS NOT FURNISHED; AND SPECIFICALLY DISCLAIMS LIABILITY, UNDER ANY THEORY OF LAW,
ARISING OUT OF THE INSTALLATION AND PERFORMANCE OF, OR, DAMAGES SUSTAINED BY OR CAUSED BY, PRODUCTS NOT FURNISHED BY MULE-HIDE.
MULE-HIDE DOES NOT EVALUATE THE ARCHITECTURE OR ENGINEERING USED IN THE DESIGN OF A ROOF OR THE SELECTION OF A ROOF SYSTEM, ASSUMES NO LIABILITY NOR IMPLIES TO
THE SUITABILITY OF THE PRODUCTS FOR ANY PARTICULAR ASSEMBLY OR SPECIFIC BUILDING OPERATION OR STRUCTURE. THE OWNER, DESIGN PROFESSIONAL, ARCHITECT,
CONSULTANT OR ENGINEER IS SOLELY RESPONSIBLE FOR THE ASSEMBLY CHOSEN FOR A PARTICULAR BUILDING STRUCTURE TO INCLUDE THE RESPONSIBILITY TO PROPERLY
CALCULATE WIND UPLIFT VALUES, DESIGN DEAD LOADS AND LIVE LOADS, LOCAL CODE COMPLIANCE, AND SUITABILITY AND CONDITION OF THE BUILDING ENVELOPE SUBSTRATE,
DECKING, PARAPETS, DRAINAGE, SLOPE, AND OTHER ATTRIBUTES PERTAININGTO THE PERFORMANCE OF THE ROOF SYSTEM ASSEMBLY. OWNER’S REMEDIES STATED HEREIN ARE THE
SOLE AND EXCLUSIVE REMEDIES FOR CLAIMS AND DAMAGES ARISING FROM FAILURE OF THE SYSTEM. MULE-HIDE MAKES NO WARRANTIES, EITHER EXPRESSED OR IMPLIED, WHICH
EXTEND BEYOND THE FACE HEREOF. MULE-HIDE SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR
PURPOSE. MULE-HIDE SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCE OR THEORY OF ACTION, INCLUDING BUT NOT LIMITED TO CONTRACT, TORT, PRODUCTS LIABILITY OR
OTHERWISE,(I) FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNIITVE OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO PERSONAL INJURY, LOSS OF PROFIT OR
DAMAGE TO THE BUILDING OR ANY MERCHANDISE OR OTHER CONTENTS THEREIN, FOR WHATEVER CAUSE INCLUDING BUT NOT LIMITED TO MOLD, FUNGI, AND BACTERIA AND (II) FOR
LOSS OR DAMAGE CAUSED OR CONTRIBUTED TO BY MULE-HIDE’S APPROVAL OF THE CONTRACTOR OR INSPECTION OF, OR FAILURE TO INSPECT, THE BUILDING ROOF, NOR SHALL MULE-
HIDE BE LIABLE FOR ANY DAMAGES WHICH ARE BASED ON NEGLIGENCE, BREACH OF WARRANTY, STRICT LIABILITY OR ANY OTHER THEORY OTHER THAN THE LIABILITY SET FORTH
ABOVE ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNIITVE OR EXEMPLARY DAMAGES SHALL NOT BE RECOVERABLE EVEN IF THE REMEDY PROVIDED FOR HEREIN FAILS OF
ITS PURPOSE. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON OR THE EXCLUSION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS
MAY NOT APPLY TO YOU. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM JURISDICTION TO JURISDICTION. IN
THE EVENT OF ANY ARBITRATION OR LITIGATION REGARDING THIS WARRANTY OR ITS SUBJECT MATTER, IF MULE-HIDE IS THE PREVAILING PARTY, OWNER SHALL REIMBURSE MULE-HIDE
FOR ALL OF MULE-HIDE’S DISPUTE RESOLUTION COSTS, INCLUDING ATTORNEY’S FEES. FOR PURPOSES OF THIS WARRANTY, MULE-HIDE WILL BE DEEMED THE PREVAILING PARTY IF THE
OWNER RECOVERS NOTHING OR A SUM LESS THAN WAS OFFERED IN SETTLEMENT.
MULE-HIDE PRODUCTS CO., INC.
PAGE 1 of 2
By:___________________________Its:________________________________Date of Issuance:_______________
SAMPLE
Building Owner’s Roof Care and Maintenance Guidelines ver.2.03
Following are guidelines on how to care for your roofing system to help ensure a long useful service life. The manufacturer’s warranty is not a
maintenance program or agreement. There are various items associated with your roof system that are not covered under the warranty. It is the
responsibility of the Building Owner to regularly inspect and maintain their roofing system.
Mule-Hide strongly recommends the Building Owner institutes an annual inspection program with written documentation of any activities on the roof.
Maintain a log of maintenance procedures and people accessing the roof. This aids the Building Owner in determining the source of any damage to
the roof. The roofing system should be inspected at least twice a year (once in the spring and once in the fall) and after every major storm. These
inspections should be performed by a Mule-Hide Warranty Eligible Contractor or someone specially trained in roofing systems.
READ YOUR WARRANTY CAREFULLY BEFORE EXCUTING ANY ROOF-TOP WORK OR FILING OF A CLAIM.
Understand the terms and conditions to avoid adversely affecting the warranty.
General Guidelines
1. Keep the roof surface clean of debris, especially at drain areas to avoid clogging. Good roofing practice suggests that water not be allowed to remain on the roof for more than
48 hours after a rain. Keeping the roof clear of debris will allow for proper water run-off and avoid overloading the roof with standing water.
2. Keep chemical and petroleum products (acid, chemicals, solvents, greases, oils or any liquids containing petroleum products) off the membrane to avoid degradation. If swelling
occurs, contact Mule-Hide immediately.
3. Do not exhaust kitchen wastes (such as but not limited to vegetable oils or animal fats) directly onto the roof surface.
4. TPO and PVC membranes may be used for restaurant roofs but must have a rooftop maintenance program in-place to ensure that accumulations of animal fats/grease are
regularly removed and the membrane surface is cleaned periodically.
5. Walkways must be provided if regular rooftop traffic is required, such as routine servicing of rooftop equipment. Exercise caution when not walking on walkways, especially on
white roofing surfaces as ice or frost build-up may not be visible. All membranes and coatings are slippery when wet.
6. When it is necessary for workers to be on the roof to service rooftop equipment, workers should be cautioned to use walkways (when provided) and to exercise care with their
tools and equipment to avoid causing damage to the roof system that may result in leaks. It is recommended that the Building Owner or property manager keep a “Roof-top
Maintenance and activity Log” to track dates and activities by personnel or other trades.
7. Handprints, footprints, general traffic grime, industrial pollutants and environmental dirt and debris may be cleaned from the roof surface by scrubbing with detergent and water,
followed by rinsing with clean water. To maximize and maintain reflectivity, it is suggested that white surfaces be cleaned once every two years.
8. Keep roof maintenance items, such as counterflashings, metal curbs, metal ductwork, etc., sealed watertight at all times. All exposed mastic and sealants regardless of the
purpose or function, are required maintenance items to be remediated by the Building Owner, including but not limited to pitch pans and metal flashing sealants.
9. Loss of granules from mineral surfaced membranes is typical and not a manufacturing defect. In cases of granule loss that becomes more noticeable, additional surfacing may
be applied as directed by Mule-Hide.
10. Protective coating systems may oxidize and weather, losing overall dry film thickness. This is normal and not a defect in the material.
11. When performing inspections, examine all areas adjacent to the roof, parapet walls and adjoin structures. Damage to items such as masonry, failing mortar joints, loose or
missing sealants, loose stone or tiles, loose or improperly sealed counterflashings, etc., may be the source of leaks that are inadvertently blamed on the roofing system. These
items need to be addressed by properly trained personnel to avoid damage to the roof system.
12. If any changes are to be made to the roof system such as but not limited to equipment changes, additions or removal, modifications to the roof systems, etc., contact Mule-Hide
for prior approval. Work directly related to the roof system must be completed by a Mule-Hide Warranty Eligible Contractor.
13. If you have a leak, check for the obvious such as clogged drains, broken skylights, loose counterflashings, broken pipes, leaking HVAC units or damage caused by service
personnel or storms. Note: When leaking occurs, items such as heavy or light rain, wind direction and speeds, temperature and time of day are all important clues for tracking
suspected leaks. Does the leak start and stop with the rain, or, does leaking continue after rain has ceased?
If you believe that the leak may be covered under a Mule-Hide warranty, please notify Mule-Hide Warranty Claims with written notice in accordance with the warranty terms. For temporary
repairs, only use products that are compatible with the roof system installed. Do not use any asphalt products on any single-ply roof system as use of such product may cause additional
damage to the roof system. Please refer to the Mule-Hide Website (www.mulehide.com) for compatible products that may be used for temporary repairs on your roof system. Non-compatible
products used that cause damage to the roof system will have to have that area removed and replaced at the Building Owner’s expense. Compliance with the above items will aid in assuring a
durable, watertight roof system.
Mule-Hide Product Co., Inc.
P.O. Box 1057
Beloit, WI 53512-1057
Phone: 800-786-1492 Page 2 of 2
SAMPLE
SAMPLE
MULE-HIDE PRODUCTS CO., INC.
PREMIUM SINGLE-PLY NDL SYSTEM WARRANTY FOR COMMERCIAL BUILDINGS Ver.4.5
Serial Number:
Building Owner:
Building Address:
Effective Date: Expiration Date:
In consideration of the warranty fee paid by or on behalf of the above-named Building Owner (“Owner”) and the representations to Mule-Hide Products Co., Inc. (“Mule-Hide”) by the independent
contractor hired by the Owner and registered with Mule-Hide as eligible to apply for warranties (“Eligible Contractor”) that the Mule-Hide Roofing System (“System”) has been constructed in
accordance with Mule-Hide specifications, Mule-Hide warrants to Owner, subject to the following Terms, Conditions and Limitations, that Mule-Hide will be responsible for the repair of leaks in the
System installed on the Building for the warranty period indicated above, however, that the System shall have been installed by Eligible Contractor using Mule-Hide products and/or other
materials supplied or approved in writing by Mule-Hide. “System” for purposes of this Warranty is defined as the following Mule-Hide brand materials: Single-ply Membrane and Flashing
Accessories, Adhesives and Sealants, Insulation, Fasteners, Fastener Plates, Fastening/Termination Bar, Metal Edging/Coping, any other Mule-Hide brand products or other components
supplied or approved by Mule-Hide and shall exclude the roof deck, wood nailers, pre-existing roof system to which the new system is applied or covers, support system, and metal flashings
(non-Mule-Hide approved or supplied) and any components of the roofing assembly not supplied or approved in writing by Mule-Hide. The watertight integrity of walls, parapet walls and other
adjacent structures is not covered. The paint finish on any Mule-Hide labeled metal product that is part of the System is not covered by this Warranty. Metal finish warranties can be obtained by
contacting Mule-Hide directly. There is no dollar limitation (NDL) on covered repairs. Any dispute, controversy or claim between Owner and Mule-Hide arising out of or related to this Warranty or
the Building shall be settled by final and binding arbitration in accordance with the rules of the American Arbitration Association for the Construction Industry. By accepting this Warranty, Owner
represents that the Building is a commercial structure and is not used for owner’s personal or household purposes. In consideration of the protection afforded by this Warranty, Owner accepts
the following Terms, Conditions and Limitations:
1. Within thirty (30) days after Owner or any of its agents discovers (or a reasonable person in Owner’s or agent’s position would have discovered) any leak, Owner must give written notice
(the “Notice”) to Mule-Hide Warranty Claims (notice to the contractor, a re-seller or an authorized Mule-Hide Sales Representative is not notice to Mule-Hide Warranty Claims) of the
existence of each leak in the System or Mule-Hide will have no responsibility for the repairs.
2. Mule-Hide shall have the right to inspect the System after receiving the Notice to determine the cause(s) of the leak before incurring any obligation hereunder. In the event the cause of
the leak is not covered by the Warranty, Owner will pay to Mule-Hide a reinspection fee and expenses (in accordance with Mule-Hide’s standard charges) promptly after Mule-Hide issues
an invoice for same. If, upon Mule-Hide’s inspection, Mule-Hide determines that the leaks in the system are caused by defects in Mule-Hide’s materials or workmanship of the Contractor,
Owner’s remedies and Mule-Hide’s liability shall be limited to Mule-Hide’s repair of the portion of the System determined to be leaking using methods determined to be suitable at Mule-
Hide’s discretion. In no event shall Mule-Hide be obligated to perform additional services (e.g. roof drains, equipment relocation, old roof removal, etc.) or provide materials or services
beyond the scope of the Owner’s original contract with Contractor.
3. This warranty may be transferred provided the original owner follows the Mule-Hide Warranty Transfer Procedure. Contact Mule-Hide Technical Department at 1-800-786-1492 for a copy
of the procedure.
4. If the System is damaged by any of the following causes, this Warranty shall not apply to such damages:
(a) Any natural cause, including but not limited to lightning, the infestation or presence of plant, mold, fungi, bacteria, insects or an animal, or earthquake, peak gust wind speeds in
excess of 55 mph, hurricane, tornado, hail greater than 0 inches in diameter (as reported by the National Climatic Data Center), or any debris resulting from any of these causes.
Mule-Hide shall not be responsible for any changes in appearance or surface imperfections caused by hail events.
(b) Acts of negligence, accident, misuse or abuse, including but not limited to vandalism, fire, falling object, civil disobedience, or acts of war.
(c) The use in the System of metal work, coping, counter-flashing, rain-carrying components or other material not furnished or otherwise approved in writing by Mule-Hide.
(d) Environmental fallout, chemical attack, use of products or materials incompatible with the System or the presence within or outside the Building of any commercial or industrial
solvent, acid, caustic fluid, petroleum product, wax, grease, absorbent, clay or plasticizer.
(e) Negligence of a contractor who is not the Eligible Contractor, or failure of the material or the workmanship provided by such a contractor.
(f) Interior condensation and any resulting damage or condition, including but not limited to, mold, fungi or bacteria.
(g) The infiltration of moisture in, through or around the building through any mechanism other than through the System, including but not limited to, any structural defect, wall, or
other Building structure, or anything that penetrates the System, including but not limited to any vent, coping or rooftop equipment and any resulting damage or condition, including
but not limited to, mold, fungi or bacteria.
(h) Any deterioration, failure, settlement or movement of building components, including but not limited to the roof structure, roof substrate (pre-existing roof system or retained
components), roof deck, wood nailers, walls, mortar, HVAC units, skylights, etc. or the expansion or contraction of any counterflashing or metal work.
(i) Defects in the building, pre-existing conditions or roof design, including but not limited to any conditions that prevent positive drainage.
5. Mule-Hide may, in its discretion, suspend or cancel this warranty if the roof is damaged by any cause listed above as an exclusion from coverage that may affect the integrity of water
tightness of the roof.
6. Occurrence of any of the following shall render the Warranty cancelable in Mule-Hide’s sole discretion and terminate obligations under this Warranty:
(a) Alteration or repair made on or through the roof without prior written authorization from Mule-Hide.
(b) Placement upon or attachment to the roof of any object (including but not limited to any structure, fixture or utility) without prior written authorization from Mule-Hide.
(c) Owner’s or the Building occupant’s failure to use reasonable care in maintaining the roof including, but not limited to, items listed on the reverse side of this document titled “Mule-
Hide Owner’s Care and Maintenance Information”.
(d) Internal positive pressure condition which causes or contributes to a partial or total failure of the roof.
(e) Owner’s sale of the Building or purported assignment of this Warranty, except as provided in (3), above.
(f) Owner’s failure to comply with every Term, Condition and Limitation in this Warranty.
7. Mule-Hide, its agents, employees and contractors shall have unrestricted access to the roof during regular business hours. By accepting this Warranty, Owner agrees to arrange for
removal of water, snow, ice, equipment, any paving or overburden at Owner’s expense to allow for investigation or repairs to be made. The Owner is responsible to provide safe access to
the roof.
8. All bills for installation, supplies and services shall have been paid in full to Eligible Contractor and all material suppliers before Mule-Hide incurs any obligation or liability under this
Warranty. It is the Owner’s sole responsibility to confirm that payment has been made to Eligible Contractor and all material suppliers.
9. The failure of Mule-Hide at any time to assert or enforce any Term, Condition and Limitation shall not be construed to be a waiver thereof, or of any other Term,
Condition or Limitation. Unless otherwise agreed in advance and in writing, any inspections made by Mule-Hide are limited to a surface inspection only.
All inspections are for Mule-Hide’s sole benefit, and do not constitute a waiver of any terms and conditions herein.
10. Any and all other express warranties are superseded hereby and this Warranty is in lieu thereof.
11. Owner acknowledges that the Eligible Contractor is not an agent or other legal representative of Mule-Hide. Mule-Hide is not liable for any promise, representation or other responsibility
of Eligible Contractor or any other party. This warranty is not binding upon Mule-Hide unless executed by an executive officer of Mule-Hide or a duly authorized employee of Mule-Hide's
Warranty Department. No representative or employee of Mule-Hide, or any other party, may alter this Warranty without the prior written consent of an executive officer of Mule-Hide. This
Warranty constitutes the entire understanding of the parties with respect to the subject matter contained herein, and revokes and supersedes all prior agreements, whether written or oral, between the
parties. This Warranty shall take precedence over any other documents or representations (whether oral or written, and by whomever made) which may conflict with this Warranty.
12. The predominant factor in the construction and performance of the System is the design and construction services of the contractor and not the sale of goods. In addition, Owner
acknowledges that Owner had a duty hereunder to exercise reasonable care in the selection of a contractor.
13. Mule-Hide is not liable for the cleanliness or discoloration of the System caused by environmental conditions including but not limited to dirt, pollutants or any biological agent.
MULE-HIDE DOES NOT WARRANT PRODUCTS UTILIZED IN THIS INSTALLATION WHICH IT HAS NOT FURNISHED; AND SPECIFICALLY DISCLAIMS LIABILITY, UNDER ANY THEORY OF LAW, ARISING OUT OF THE INSTALLATION AND
PERFORMANCE OF, OR, DAMAGES SUSTAINED BY OR CAUSED BY, PRODUCTS NOT FURNISHED BY MULE-HIDE.
MULE-HIDE DOES NOT EVALUATE THE ARCHITECTURE OR ENGINEERING USED IN THE DESIGN OF A ROOF OR THE SELECTION OF A ROOF SYSTEM, ASSUMES NO LIABILITY NOR IMPLIES TO THE SUITABILITY OF THE
PRODUCTS FOR ANY PARTICULAR ASSEMBLY OR SPECIFIC BUILDING OPERATION OR STRUCTURE. THE OWNER, DESIGN PROFESSIONAL, ARCHITECT, CONSULTANT OR ENGINEER IS SOLELY RESPONSIBLE FOR THE
ASSEMBLY CHOSEN FOR A PARTICULAR BUILDING STRUCTURE TO INCLUDE THE RESPONSIBILITY TO PROPERLY CALCULATE WIND UPLIFT VALUES, DESIGN DEAD LOADS AND LIVE LOADS, LOCAL CODE COMPLIANCE, AND
SUITABILITY AND CONDITION OF THE BUILDING ENVELOPE SUBSTRATE, DECKING, PARAPETS, DRAINAGE, SLOPE, AND OTHER ATTRIBUTES PERTAININGTO THE PERFORMANCE OF THE ROOF SYSTEM ASSEMBLY. OWNER’S
REMEDIES STATED HEREIN ARE THE SOLE AND EXCLUSIVE REMEDIES FOR CLAIMS AND DAMAGES ARISING FROM FAILURE OF THE SYSTEM. MULE-HIDE MAKES NO WARRANTIES, EITHER EXPRESSED OR IMPLIED, WHICH
EXTEND BEYOND THE FACE HEREOF. MULE-HIDE SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. MULE-HIDE SHALL NOT BE
LIABLE UNDER ANY CIRCUMSTANCE OR THEORY OF ACTION, INCLUDING BUT NOT LIMITED TO CONTRACT, TORT, PRODUCTS LIABILITY OR OTHERWISE,(I) FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL,
PUNIITVE OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO PERSONAL INJURY, LOSS OF PROFIT OR DAMAGE TO THE BUILDING OR ANY MERCHANDISE OR OTHER CONTENTS THEREIN, FOR WHATEVER CAUSE
INCLUDING BUT NOT LIMITED TO MOLD, FUNGI, AND BACTERIA AND (II) FOR LOSS OR DAMAGE CAUSED OR CONTRIBUTED TO BY MULE-HIDE’S APPROVAL OF THE CONTRACTOR OR INSPECTION OF, OR FAILURE TO INSPECT,
THE BUILDING ROOF, NOR SHALL MULE-HIDE BE LIABLE FOR ANY DAMAGES WHICH ARE BASED ON NEGLIGENCE, BREACH OF WARRANTY, STRICT LIABILITY OR ANY OTHER THEORY OTHER THAN THE LIABILITY SET FORTH
ABOVE ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNIITVE OR EXEMPLARY DAMAGES SHALL NOT BE RECOVERABLE EVEN IF THE REMEDY PROVIDED FOR HEREIN FAILS OF ITS PURPOSE. SOME
JURISDICTIONS DO NOT ALLOW LIMITATIONS ON OR THE EXCLUSION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THIS LIMITED WARRANTY GIVES
YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM JURISDICTION TO JURISDICTION. IN THE EVENT OF ANY ARBITRATION OR LITIGATION REGARDING THIS WARRANTY OR ITS
SUBJECT MATTER, IF MULE-HIDE IS THE PREVAILING PARTY, OWNER SHALL REIMBURSE MULE-HIDE FOR ALL OF MULE-HIDE’S DISPUTE RESOLUTION COSTS, INCLUDING ATTORNEY’S FEES. FOR PURPOSES OF THIS
WARRANTY, MULE-HIDE WILL BE DEEMED THE PREVAILING PARTY IF THE OWNER RECOVERS NOTHING OR A SUM LESS THAN WAS OFFERED IN SETTLEMENT
MULE-HIDE PRODUCTS CO., INC.
By:______________________ Its:____________________________ Date of Issuance:_______________
SAMPLE
Building Owner’s Roof Care and Maintenance Guidelines ver.2.03
Following are guidelines on how to care for your roofing system to help ensure a long useful service life. The
manufacturer’s warranty is not a maintenance program or agreement. There are various items associated with your roof
system that are not covered under the warranty. It is the responsibility of the Building Owner to regularly inspect and
maintain their roofing system.
Mule-Hide strongly recommends the Building Owner institutes an annual inspection program with written documentation
of any activities on the roof. Maintain a log of maintenance procedures and people accessing the roof. This aids the
Building Owner in determining the source of any damage to the roof. The roofing system should be inspected at least
twice a year (once in the spring and once in the fall) and after every major storm. These inspections should be performed
by a Mule-Hide Warranty Eligible Contractor or someone specially trained in roofing systems.
READ YOUR WARRANTY CAREFULLY BEFORE EXCUTING ANY ROOF-TOP WORK OR FILING OF A CLAIM.
Understand the terms and conditions to avoid adversely affecting the warranty.
General Guidelines
1. Keep the roof surface clean of debris, especially at drain areas to avoid clogging. Good roofing practice suggests that water not be allowed to
remain on the roof for more than 48 hours after a rain. Keeping the roof clear of debris will allow for proper water run-off and avoid overloading
the roof with standing water.
2. Keep chemical and petroleum products (acid, chemicals, solvents, greases, oils or any liquids containing petroleum products) off the membrane
to avoid degradation. If swelling occurs, contact Mule-Hide immediately.
3. Do not exhaust kitchen wastes (such as but not limited to vegetable oils or animal fats) directly onto the roof surface.
4. TPO and PVC membranes may be used for restaurant roofs but must have a rooftop maintenance program in-place to ensure that
accumulations of animal fats/grease are regularly removed and the membrane surface is cleaned periodically.
5. Walkways must be provided if regular rooftop traffic is required, such as routine servicing of rooftop equipment. Exercise caution when not
walking on walkways, especially on white roofing surfaces as ice or frost build-up may not be visible. All membranes and coatings are slippery
when wet.
6. When it is necessary for workers to be on the roof to service rooftop equipment, workers should be cautioned to use walkways (when provided)
and to exercise care with their tools and equipment to avoid causing damage to the roof system that may result in leaks. It is recommended that
the Building Owner or property manager keep a “Roof-top Maintenance and activity Log” to track dates and activities by personnel or other
trades.
7. Handprints, footprints, general traffic grime, industrial pollutants and environmental dirt and debris may be cleaned from the roof surface by
scrubbing with detergent and water, followed by rinsing with clean water. To maximize and maintain reflectivity, it is suggested that white
surfaces be cleaned once every two years.
8. Keep roof maintenance items, such as counterflashings, metal curbs, metal ductwork, etc., sealed watertight at all times. All exposed mastic and
sealants regardless of the purpose or function, are required maintenance items to be remediated by the Building Owner, including but not limited
to pitch pans and metal flashing sealants.
9. Loss of granules from mineral surfaced membranes is typical and not a manufacturing defect. In cases of granule loss that becomes more
noticeable, additional surfacing may be applied as directed by Mule-Hide.
10. Protective coating systems may oxidize and weather, losing overall dry film thickness. This is normal and not a defect in the material.
11. When performing inspections, examine all areas adjacent to the roof, parapet walls and adjoin structures. Damage to items such as masonry,
failing mortar joints, loose or missing sealants, loose stone or tiles, loose or improperly sealed counterflashings, etc., may be the source of leaks
that are inadvertently blamed on the roofing system. These items need to be addressed by properly trained personnel to avoid damage to the
roof system.
12. If any changes are to be made to the roof system such as but not limited to equipment changes, additions or removal, modifications to the roof
systems, etc., contact Mule-Hide for prior approval. Work directly related to the roof system must be completed by a Mule-Hide Warranty Eligible
Contractor.
13. If you have a leak, check for the obvious such as clogged drains, broken skylights, loose counterflashings, broken pipes, leaking HVAC units or
damage caused by service personnel or storms. Note: When leaking occurs, items such as heavy or light rain, wind direction and speeds,
temperature and time of day are all important clues for tracking suspected leaks. Does the leak start and stop with the rain, or, does leaking
continue after rain has ceased?
If you believe that the leak may be covered under a Mule-Hide warranty, please notify Mule-Hide Warranty Claims with written notice in accordance with the
warranty terms. For temporary repairs, only use products that are compatible with the roof system installed. Do not use any asphalt products on any single-
ply roof system as use of such product may cause additional damage to the roof system. Please refer to the Mule-Hide Website (www.mulehide.com) for
compatible products that may be used for temporary repairs on your roof system. Non-compatible products used that cause damage to the roof system will
have to have that area removed and replaced at the Building Owner’s expense. Compliance with the above items will aid in assuring a durable, watertight
roof system.
Mule-Hide Product Co., Inc.
P.O. Box 1057
Beloit, WI 53512-1057
Phone: 800-786-1492
Page 2 of 2
20250904_CO1_Modular Contract Adjustments
Final Audit Report 2025-09-11
Created:2025-09-11
By:Nicole Mosby (nmosby@avon.org)
Status:Signed
Transaction ID:CBJCHBCAABAALO2-xOJsWCJmIGaottyFZDhq1sN-JKfy
"20250904_CO1_Modular Contract Adjustments" History
Document created by Nicole Mosby (nmosby@avon.org)
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Agreement completed.
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