HomeMy WebLinkAbout3653 Orlando Dr 17-3284; MECHANICALOF
CITY OF SANFORD
BUILDING & FIRE PREVENTION
PERMIT APPLICATION
Application No: ' r
Documented Construction Value: S 66.200.00
Job Address: WAL-MART #0857: 3653 SOUTH ORLANDO DRIVE Historic District: Yes No
Parcel ID: ! I-20-30-5f111-0000-0010 _ Residential Commercial
Type of Work: New Addition Alteration ® Repair Demo Change of Use Move
Description of Work: REPLACE TWO EXISTING AHU WITH TWO NEW AHU ON EXISTING
MECHANICAL CURB WITH A CURB ADAPTER p I L1 ,
Plan Review Contact Person: KATRINA DAY ,
I _ __f
Title: LICENSE & i'ERMITS
Phone: 256-389-8181 Fax: 256-389-8182 Email: KDAY a-PETTUSHVAC.COM
Property Owner Information
Name WAL-MART STORES EAST LE Phone: _479-273-4000
Street: 2001 SOUTHEAST 10TH STREET Resident of property?: WAI.-MART #0857
City, State Zip: _BENTONVILLE, AR 72716-0550
Contractor Information
Name Phone: 2
Street: 12647 HIGHWAY 77 Fax: 256-389-81 V
25City, State Zip: ROGERSV LLE
CBC1394!
AL 35652 State License No.: root125 9
41 - _
Architect/Engineer Information CFC1426821
EC13003734 -
Name: _RF.NrHMARK Cgo l IA Phone: 479-616-50f)4
Street: 1805 NORTH 2ND STREET Fax:
City, St, Zip: -ROGERS_ AR 72756. E-mail: luzaTF.AMOFCH01(`E S'OM
Bonding Company: N/A Mortgage Lender: N/A
Address: Address:
WARNING TO OWNER: YOUR FAILURE TO RECORD A NOTICE OF COMMENCEMENT MAY RESULT IN YOUR
PAYING TWICE FOR IMPROVEMENTS TO YOUR PROPERTY. A NOTICE OF COMMENCEMENT MUST BE
RECORDED AND POSTED ON THE JOB SITE BEFORE THE FIRST INSPECTION. IF YOU INTEND TO OBTAIN
FINANCING, CONSULT WITH YOUR LENDER OR AN ATTORNEY BEFORE RECORDING YOUR NOTICE OF
COMMENCEMENT.
Application is hereby made to obtain a permit to do the cork and installations as indicated. I ccrtiij that no work or installation has
commenced prior to the issuance of a permit and that all work will be performed to meet standards of all la%%s regulating construction
in this jurisdiction. I understand that a separate permit must be secured for electrical work, plumbing, signs, wells, pools,
furnaces, boilers, heaters, tanks, and air conditioners, etc.
FBC 105.3 Shall be inscribed with the date of applicution and the code in effect as or tbat date: 51h Edition (2014) Florida Building Code
Revisal: June 30, 2015 Permit Applicaloa
s'
NOTICE: In addition to the requirements of this permit. there may be additional restrictions applicable to this property that may beloundinthepublicrecordsofthisLmunty, and there may be additional permits required from other governmental entities such as hatermanagementdistricts, state agencies, or ledcral agencies.
Acceptance of permit is verification that I will notify the owner of the property ol'thc requirements of Florida Lien Law. FS 713
The City of Sanford requires payment of a plan review tee at the time of permit submittal. A copy ol'the executed contract is required
in order to calculate a plan review charge and will be considered the estimated construction value of the job at the time of' submittal.
The actual construction value will be figured based on the current ICC Valuation Table in effect at the time the permit is issued, in
accordance with local ordinance. Should calculated charges figured oil' the executed contract exceed the actual construction value.
credit will be applied to your permit Ices when the permit is issued.
OWNER'S AFFIDAVIT: I certify that all of the foregoing information is accurate and that all work will
be done in compliance with all applicable laws regulating constrpctioug cad zoning.
ignature of o"T T/Agent pate
4C,k v(j_(
Owncr/Agemt's Name
0-31-1l1 a"-
UFmurr
tt 1iAti'f 71J6 AC
p nte?' t oU'Y<Arnanses
Commis. EWres 1011012026
emmlasion tiulbtot 12351038
Owner/Agent i rsona y Cnown to Me or
Produced ID Type of ID
Name
17
X11
lure of Notar)-State ofMae-1- Date
uc1+,
Notary Public, Alabama State at Large
My ODMMission Expires Manta "A1019
ContractortAgent is P—Personally Known to Me or
Produced[D Type of1D
BELOW IS FOR OFFICE USE ONLY
Permits Required: Building Electrical Mechanical Plumbing[] Gas Roof
Construction Type: Occupancy Use: Flood Zone:
Total Sq Ft of Bldg: Min. Occupancy Load: # of Stories:
New Construction: Electric - # of Amps Plumbing - # of Fixtures
Fire Sprinkler Permit: Yes No # of Heads Fire Alarm Permit: Yes No
APPROVALS: ZONING: UTILITIES: WASTE WATER:
ENGINEERING: FIRE: BUILDING: It- /9.-i 7
COMMENTS:
Revised[ June 30, _015 Permit Application
PROJECT INFORMATION SHEET
GENERAL CONTRACTOR:
PETTUS PLUMBING & PIPING, INC
12647 HWY 72 WEST
ROGERSVILLE, AL 35652
256-389-8181
256-389-8182 FAX
ENGINEER:
BENCHMARK GROUP
1805 NORTH 2ND STREET
ROGERS, AR 72756
479-636-5004
ja
dp-T
plum ing & 1pip9nion, 1w.
12647 HWY 72 WEST
PO BOX 1048
ROGERSVILLE, AL 35652
256-389-8181
256-389-8182 FAX
PROJECT MANAGER
DANNYJONES
256-389-8181 EXT. 128
DJONES(c PETTUSHVAC.COM
LICENSE & PERMIT ADMINISTRATOR:
KATRINA DAY
256-389-8181 EXT. 102
KDAY(a)PETTUSHVAC.COM
PROJECT: STATE LICENSE:
WALMART SUPERCENTER #0857 CBC1253941 -GENERAL CONTRACTOR
3653 SOUTH ORLANDO DRIVE CMC1249527 - MECHANICAL / REFRIGERATION
SANFORD, FL 32773 CFC1426821 - PLUMBING / GAS PIPING
EC13003734 - ELECTRICAL / LOW VOLTAGE CONTROLS
SCOPE OF WORK
MECHANICAL $ 44,364.00
REPLACE TWO EXISTING AIR HANDLING UNITS WITH TWO NEW MUNTERS AIR HANDLING UNITS
NEW UNITS WILL GO ON EXISTING CURB WITH CURB ADDAPTER
GAS PIPING $ 5,096.00
DISCONNECT AND RECONNECT EXISTING GAS PIPING TO REPLACED UNITS
REPLACE EXISTING REGULATOR WITH NEW
ELECTRICAL $ 10,378.00
DISCONNECT AND RECONNECT EXISTING ELECTRICAL TO REPLACED UNITS
LOW VOLTAGE CONTROLS (EMS) $ 6,382.00
DISCONNECT AND RECONNECT EXISTING LOW VOLTAGE CONNECTIONS TO REPLACED UNITS
REPLACE EXISTING CONTROLLER WITH NEW XCM20R CONTROLLER
TOTAL CONTRACT $ 66,200.00
CITY OF SANFORD
BUILDING & FIRE PREVENTION
PERMIT APPLICATION
Application No:
Documented Construction Value: $ 66,200.00
Job Address: WAL-MART #0857: 3653 SOUTH ORLANDO DRIVE Historic District: Yes No
Parcel ID: 11-20-30-5Q J-0000-0010 Residential Commercial
Type of Work: New Addition AlterationEl Repair Demo Change of Use Move Description
of Work: REPLACE TWO EXISTING AHU WITH TWO NEW AHU ON EXISTING MECHANICAL
CURB WITH A CURB ADAPTER Plan
Review Contact Person: KATRINA DAY Phone:
256-3 89-8181 Fax: 256-3 89-8182 Title:
LICENSE & PERMITS Email:
KDAYgcPETTUSHVAC.COM Property
Owner Information Name
WAL-MART STORES EAST Lp Phone: 479-273-4000 Street:
2001 SOUTHEAST 1 OTH STREET Resident of property? : WAL-MART #08 7 City,
State Zip: BENTONVILLE, AR 72716-0550 Contractor
Information Name
PETTUS PLUMBING & PIPING, INC Phone: 256-389-8181 Street:
12647 HIGHWAY 72 Fax: 256-389-8182 CBC
1253941 City,
State Zip: ROGERSVILLE, AL 35652 State License No.: _cMr 1?49527 Architect/
Engineer Information CFC1426821 EC
13003734 Name:
BENCHMARK cgoj 1P Phone: _479-636-5004 Street:
1805 NORTH 2Np STREET Fax: Bonding
Company Address:
N/
A Mortgage Lender: N/A Address:
WARNING
TO OWNER: YOUR FAILURE TO RECORD A NOTICE OF COMMENCEMENT MAY RESULT IN YOUR PAYING
TWICE FOR IMPROVEMENTS TO YOUR PROPERTY. A NOTICE OF COMMENCEMENT MUST BE RECORDED
AND POSTED ON THE JOB SITE BEFORE THE FIRST INSPECTION. IF YOU INTEND TO OBTAIN FINANCING,
CONSULT WITH YOUR LENDER OR AN ATTORNEY BEFORE RECORDING YOUR NOTICE OF COMMENCEMENT.
Application
is hereby made to obtain a permit to do the work and installations as indicated. I certify that no work or installation has commenced
prior to the issuance of a permit and that all work will be performed to meet standards of all laws regulating construction in
this jurisdiction. I understand that a separate permit must be secured for electrical work, plumbing, signs, wells, pools, furnaces,
boilers, heaters, tanks, and air conditioners, etc. FBC
105.3 Shall be inscribed with the date of application and the code in effect as of that date: 51h Edition (2014) Florida Building Code Revised:
June 30, 2015 Permit Application P 60 4 - 2
NOTICE: In addition to the requirements of this permit, there may be additional restrictions applicable to this property that may be
found in the public records of this county, and there may be additional permits required from other governmental entities such as water
management districts, state agencies, or federal agencies.
Acceptance of permit is verification that I will notify the owner of the property of the requirements of Florida Lien Law, FS 713.
The City of Sanford requires payment of a plan review fee at the time of permit submittal. A copy of the executed contract is required
in order to calculate a plan review charge and will be considered the estimated construction value of the job at the time of submittal.
The actual construction value will be figured based on the current ICC Valuation Table in effect at the time the permit is issued, in
accordance with local ordinance. Should calculated charges figured off the executed contract exceed the actual construction value,
credit will be applied to your permit fees when the permit is issued.
OWNER'S AFFIDAVIT: I certify that all of the foregoing information is accurate and that all work will
be done in compliance with all applicable laws regulating constr)uctio"prd zoning.
gnal.rDate Print
Owner/Agent's Name Dq / )
k 0 -3- [ r] of
nda Date i
taP'PbF r,
r Go F"
tres1011012026 My
Commix CommissionNui tei 12361038 Owner/
Agent Produced
ID Permits
Required Type
of ID Construction
Type: Total
Sq Ft of Bldg: to
Me or Contractor/
Agent rlonu
LaLw, 11- api Prin
o tontrar/Agent's Name i-
0 Xirl Signature
of Notary -State of Fiof. Date Iatary
Public, Alabama State at Large my
Commission moires March 1J , =9 Contractor/
Agent is P—Personally Known to Me or Produced
ID Type of ID BELOW
IS FOR OFFICE USE ONLY Building
Electrical Mechanical Plumbing Gas Roof Occupancy
Use: Min.
Occupancy Load: New
Construction: Electric - # of Amps Fire
Sprinkler Permit: Yes No # of Heads APPROVALS:
ZONING: ENGINEERING:
COMMENTS:
UTILITIES:
FIRE:
Flood
Zone: of
Stories: Plumbing - #
of Fixtures Fire
Alarm Permit: Yes No WASTE
WATER: BUILDING:
Revised:
June 30, 2015 Permit Application
PROJECT INFORMATION SHEET
GENERAL CONTRACTOR:
PETTUS PLUMBING & PIPING, INC
12647 HWY 72 WEST
ROGERSVILLE, AL 35652
256-389-8181
256-389-8182 FAX
ENGINEER:
BENCHMARK GROUP
1805 NORTH 2ND STREET
ROGERS, AR 72756
479-636-5004
c=ettu
12647 HWY 72 WEST
PO BOX 1048
ROGERSVILLE, AL 35652
256-389-8181
256-389-8182 FAX
PROJECT MANAGER
DANNYJONES
256-389-8181 EXT.128
DJONES(a-)PETTUSHVAC.COM
LICENSE & PERMIT ADMINISTRATOR:
KATRINA DAY
256-389-8181 EXT. 102
KDAY(a)PETTUSHVAC.COM
PROJECT: STATE LICENSE:
WALMART SUPERCENTER #0857 CBC1253941 -GENERAL CONTRACTOR
3653 SOUTH ORLANDO DRIVE CMC1249527 - MECHANICAL / REFRIGERATION
SANFORD, FL 32773 CFC1426821 - PLUMBING / GAS PIPING
EC13003734 - ELECTRICAL / LOW VOLTAGE CONTROLS
SCOPE OF WORK
MECHANICAL $ 44,364.00
REPLACE TWO EXISTING AIR HANDLING UNITS WITH TWO NEW MUNTERS AIR HANDLING UNITS
NEW UNITS WILL GO ON EXISTING CURB WITH CURB ADDAPTER
GAS PIPING $ 5,096.00
DISCONNECT AND RECONNECT EXISTING GAS PIPING TO REPLACED UNITS
REPLACE EXISTING REGULATOR WITH NEW
ELECTRICAL $ 10,378.00
DISCONNECT AND RECONNECT EXISTING ELECTRICAL TO REPLACED UNITS
LOW VOLTAGE CONTROLS (EMS) $ 6,382.00
DISCONNECT AND RECONNECT EXISTING LOW VOLTAGE CONNECTIONS TO REPLACED UNITS
REPLACE EXISTING CONTROLLER WITH NEW XCM20R CONTROLLER
TOTAL CONTRACT $ 66,200.00
i
Stephanie Tiff
From: Notifications@evoco.com
Sent: Friday, October 20, 2017 2:06 PM
Cc: Alan Panoke; Almedin Candic; Amanda Couch; April Zehnder; Athena Gibbs; Brian
Lasche; Cara Sherman; Carleen Eberhardt; Carol Richards; Carolyn Wright; Casey
Clippinger; Chad Burt; Cheryl DeMent; Chris Haley; Christopher Hamm; Christopher
Butkiewicz; Clayton Oliver; Cory Scruggs; Crystal Uphoff; Dana Splichal; David Roberts;
Dawn Naylor; Deb Menning; Dennisse Lopez; Ellen Kushner; Eric Elam; Erika Parkinson;
Gabriel Nagel; Henry Wilson; Humberto Carvajal; Iliu Gonzales; James Brewer; Jamie
Truman; Jason Bradley; Jenna Layland; Jennifer Nieman; Jennifer Mangum; Jo Turover;
Joseph Roper; Josh Clyde; Julie Franks; Julie Ann Schmitzerle; Kate Phillips; Kati Smith;
Kelly Crawford; Kendrick Clarke; LouWauna Obert; Mary Mitchell; Matt Morrow; Megan
Thomas; Melissa Schulz; Michael Tylor; Nelson Butler; Nicole Hoff; Patty Jerabeck; Paul
Stuckey; Phillip Underwood; Randall Beal; Randy Haase; Richard Hoaglin; Roger Wilson;
Sharon Statland; Stacy Mullikin; Stephen Darner; Steve Gillespie; Tammy Ivie; Thomas
Ginn; Tommie Cullifer; Toni Cowles; Tracy Meeks; Tracy Mcdonough
Subject: CapEx - 857-603 (SANFORD, FL) - CAPXSUS-AHU - Awarded
After reviewing the submitted bids Wal-Mart Construction has awarded 857-603 (SANFORD, FL) -
CAPXSUS-AHU to:
The contract has been awarded to:
Pettus Plumbing & Piping Inc
12647 Highway 72
Rogersville, AL 35652
Tony Robertson
trobertson@pettushvac.com
256) 389-8181
ALTERNATE STATUS: Alternate # 1 - Rejected
PROJECT MANAGER: Thomas Harrison
MECHANICAL SERVICES CONSTRUCTION MANAGER: Jerry Boltz
PROJECT COORDINATOR: Nelson Butler
CONTRACT ADMINISTRATOR: Nelson Butler
CONSTRUCTION TESTING LAB: Universal
ENGINEER: Benchmark Group
DocuSicn Envelope ID: C1CB9604-C620-45F7-BA1D-26D33572AF91
CONSTRUCTION CONTRACT BETWEEN WALMART AND CONTRACTOR
This Construction Contract Between Walmart and Contractor (this "Contract") is made and entered into by and
between the entities identified below as Walmart and Contractor, as of the Effective Date identified below.
1.1 PROJECT SPECIFIC TERMS
1.1.1 EFFECTIVE DATE:
1.1.2 PROJECT:
ARTICLE 1
GENERAL PROVISIONS
October 20, 2017
857-603-SUP-Cap Ex Sustainability-FL-SANFORD
Store # 857
Sequence # 603
Site/Address # QOVD
Purchase Order # 34474929
Permit Purchase Order # 34474288
General Reimb. Purchase Order # 34474289
Audit Purchase Order # 34474321
SAP Project Definition # USMV-021473
1.1.3 WALMART: Wal-Mart Stores, Inc.
1.1.4 WALMART'S CONTRACT ADMINISTRATOR: Nelson Butler
1.1.5 CONTRACTOR:
Physical Address: Realty Contracts Administration
Attention: Contracts Admin
Department: 8974
2001 SE 10`h Street
Bentonville, AR 72716-5570
PETTUS PLUMBING & PIPING INC
DBA: PETTUS PLUMBING & PIPING, INC
Vendor# 1000127899
Contractor represents that it is a CORPORATION duly organized, validly existing and in
good standing, under the laws of the State of AL and that, to the extent required by
applicable law, Contractor has qualified as a foreign business eligible to conduct business in
the State where the Project is located and under the laws of all other jurisdictions where the
nature of its business or the nature or location of its assets requires such qualification.
1.1.6 CONTRACTOR'S SUPERINTENDENT(S):
1.1.7 MECHANICAL ENGINEER:
Danny Jones
BENCHMARK GROUP
1073120.45 1
DocuSign Envelope ID: C1 CB9604-C620-45F7-BA1 D-26D33572AF91
1.1.8 CONTRACT .DOCUMENTS: The Contract Documents consist of: (1) this Contract (including all
Exhibits hereto); (2) the "Addenda" listed in Exhibit 1.1.8 hereto; (3) the "Specifications" listed in Exhibit 1.1.8 hereto;
4) the "Drawings" listed in Exhibit 1.1.8 hereto; (5) any other documents listed in Exhibit 1.1.8 hereto; and (6) all
Modifications issued after execution of this Contract. A "Modification" is: (a) a written amendment to this Contract signed by
both parties; (b) a Change Order; or (c) a minor change in the Work required by Walmart pursuant to paragraph 4.2.5 below.
1.1.9 SPECIAL CONDITIONS: Contractor shall comply with Exhibit 1.1.9 hereto, entitled Special Conditions.
1.1.10 WORK: Contractor shall provide, and as used in the Contract Documents the term "Work" shall include,
all labor, supervision, materials, fixtures, special facilities, water, heat, utilities (whether temporary or permanent),
transportation, built-ins, equipment, tools, supplies, taxes, occupancy permits and related inspections, and other property and
services necessary and/or appropriate to timely and properly produce all work required by, or reasonably inferable from, the
Contract Documents, including all property and services necessary to produce completed construction that is fully connected,
operable and ready for its intended use.
1.1.11 CONTRACT SUM: Walmart shall pay Contractor for the complete and proper performance of Contractor's
obligations under this Contract, including completion of all Work required hereby, the amount of $66,200.00 (the "Contract
Sam").
1.1.12 PROGRESS PAYMENTS: The period covered by each Application for Payment shall be one calendar
month beginning on the first day, and ending on the last day, of each calendar month or such shorter time as may be required
by applicable law (each a "Payment Period"). Contractor shall submit an Application for Payment within 10 days after the
end of each Payment Period during which Work is performed unless applicable law requires Walmart to provide Contractor
with a longer period of time following each Payment Period to submit an Application for Payment, in which case such longer
period of time shall apply. Except as otherwise provided herein, Walmart shall make progress payments to Contractor within
21 days after receipt of each timely and proper Application for Payment or such shorter time as may be required by applicable
law.
1.1.13 RETAINAGE: Retainage equal to 0 percent (%) of all amounts requested for payment by Contractor may
be held by Walmart until all Work on the Project is Finally Complete, except to the extent the foregoing conflicts with any
limitations or requirements imposed by applicable law, in which case the applicable retainage amounts shall be deemed to be
the maximum amounts otherwise allowable or required under applicable law, and such amounts shall be returned as and when
otherwise required by such laws.
1.1.14 ALTERNATES AND UNIT PRICES: The Work to be performed by Contractor includes, and the Contract
Sum includes complete compensation for, the alternates identified on Exhibit 1.1.14 hereto, as such alternates are described
elsewhere in the Contract Documents. Also identified on Exhibit 1.1.14 are Unit Prices that apply to changes in the Work if
specifically so directed in a written Change Order signed by Walmart.
1.1.15 COMMENCEMENT OF WORK AND RELATED DELIVERABLES: On or before November 27,
2017 , (the "Date of Commencement"), Contractor shall cause all insurance required by Article 7 to be effective and shall
commence performance of the Work. Notwithstanding any contrary provision, as a condition precedent to Walmart's
obligation to make any payment to Contractor under this Contract, Contractor shall deliver to Walmart each of the following
items on or before the dates specified below:
Remit by email, scan and send, to the Contract Administrator within 48 hours of award of Contract:
Certificate(s) of insurance, including general liabilities, automobile liabilities, workers' compensation and builders
risk, in accordance with the Contract Documents, naming Walmart as additional insured with the store number and
location mentioned
Performance and Payment Bonds (Bonds must be on Walmart form)
Remit by email to the Contract Administrator within two (2) business days of receipt of Contract:
Electronic Contract Acceptance
1.073120.45
DocuSigh Envelope ID: C1CB9604-C620-45F7-BA1D-26D33572AF91
Remit by..email to -the Contract Administrator within four (4) weeks of award of Contract:
Performance and Payment Bonds (with county recordation stamp visible).
1.1.16 CONTRACT TIME: Subject only to extensions for Excused Delays, Contractor shall perform the Work
within the time limits set forth on Exhibit 1.1.16, and shall achieve Substantial Completion of all Work on or before December
08, 2017 (collectively, the "Contract Time").
1.1.20 INSURANCE: The coverage and liability limits of insurance policies required of Contractor under Article 7
of this Contract shall be not less than those specified on Exhibit 1.1.20.
1.2 BASIC DEFINITIONS, CONTRACT DOCUMENTS AND WORK
1.2.1 All terms and phrases defined herein or elsewhere in the Contract Documents shall have the meanings and
definitions set forth herein or therein. Terms which have well known technical or construction industry meanings are used in
accordance with such recognized meanings, unless otherwise defined herein or elsewhere in the Contract Documents or unless
the context clearly indicates a different meaning.
1.2.2 The Project is the total construction, of which the Work performed under the Contract Documents may be the
whole or a part, and which may include construction by Walmart or by Separate Contractors.
1.2.3 The terms of all Contract Documents are fully incorporated herein by reference and are as fully a part of this
Contract as if attached hereto or repeated herein. The Contract Documents represent the entire and integrated agreement
between the parties hereto and supersede Contractor's bid and/or proposal and all prior negotiations, representations or
agreements, either written or oral. The Contract Documents may be amended or modified only by a Modification.
1.2.4 Contractor shall comply with the terms and conditions of this Contract (including all Exhibits hereto), the
Addenda, the Specifications, the Drawings and any Modifications. In the event of any conflict or inconsistency among the
terms of any of the Contract Documents, the terms of the first -referenced Contract Document shall prevail to the extent of the
inconsistency, in the same order as listed in paragraph 1.1.8 above (for example, in the event of conflicting provisions, the
terms of this Contract shall govern over the Addenda, Specifications and Drawings. Notwithstanding the foregoing: (1) a
Modification shall take precedence over that portion of any other Contract Document which it modifies; and (2) with respect to
conflicts or inconsistencies between the Specifications and Drawings relating to the extent of the Work to be performed, all
work necessary for the execution of the Work (whether shown on the Drawings and not described in the Specifications, or
described in the Specifications and not shown on the Drawings) and any work which is reasonably inferable as necessary to
complete the Work within the limits established by the Contract Documents shall be considered as part of the Contract, and
shall be executed by Contractor in the same manner and with the same character and quality of material as other portions of the
Work, without any increase in Contract Sum or extension of the Contract Time. In the event of duplication or conflict among
the Contract Documents, Contractor shall notify Walmart of the duplication or conflict, will obtain Walmart's direction as to its
resolution before proceeding with any affected Work and, unless otherwise directed in writing by Walmart, shall comply with
the most stringent of the duplicative and/or conflicting requirements without increase in the Contract Sum or extension of the
Contract Time.
1.2.5 Contractor is independently responsible for obtaining, reviewing and coordinating the provisions of all
Contract Documents, whether or not such documents have been delivered to Contractor, have been individually signed by
Contractor and Walmart or have been physically attached to this Contract. The failure to review or obtain any such document
shall not relieve or excuse Contractor from compliance with its terms or the terms of any other Contract Document.
1.2.6 Contractor covenants to cooperate with Walmart and Walmart's Consultants including, without limitation,
Architect, in connection with the Project and to exercise skill and judgment in furthering the interests of Walmart, to furnish
efficient business administration and supervision, to furnish at all times an adequate supply of workers and materials, and to
perform the Work in an expeditious and economical manner consistent with Walmart's interests.
1.2.7 Contractor shall cause all Work to be performed in strict accordance with the Contract Documents including,
without limitation, those portions of the Specifications and Drawings concerning compliance with Title III of the Americans
with Disabilities Act, 42 U.S.C. 12182 et seq., the 2010 ADA Standards for Accessible Design, and the other Compliance
Requirements. In determining what is reasonably inferable from the Contract Documents, all such documents shall be
construed together, and shall not be read by separate trade areas or design divisions, and shall be read to require Contractor to
provide fully connected, complete, operational and functional systems and finishes.
1073120.45 3
DocuSign Envelope ID: C1CB9604-C620-45F7-BA1D-26D33572AF91
Contractor a rees_that the, later refinement or -description o f.any workaet forth in or reasonablu:.anferable_
from the Contract Documents identified in Exhibit 1.1.8, whether by oral instruction or the issuance of Addenda, written
specifications, directions or clarifications, shall not entitle Contractor to compensation in addition to the Contract Sum and/or
an extension of the Contract Time unless such later refinement or description constitutes a Material Change. A "Material
Change" is defined as a change to the Project that is initiated by Walmart, or additional work required because of a condition
entitling Contractor to additional compensation pursuant to paragraph 1.3.4 herein, that, in either case, involves work of a
materially different nature, character, scope or cost (other than refinement) than that set forth in or reasonably inferable from
the Contract Documents identified in Exhibit 1.1.8. No change shall constitute a Material Change unless Walmart authorizes
Contractor to proceed with the changed work before the commencement thereof in a written Change Order signed by Walmart.
1.3 EXECUTION, CORRELATION AND INTENT
1.3.1 Contractor represents that it has carefully studied and compared the Contract Documents with each other and
with the other information furnished by Walmart, and has clarified and resolved all questions, uncertainties, ambiguities and
inconsistencies relating to the Contract Documents, Contractor's bid, and the Work required of Contractor pursuant to this
Contract. Accordingly, Contractor represents and warrants that: (1) the Contract Sum established in paragraph 1.1.11 above is
adequate to compensate Contractor for all Work required by or reasonably inferable from the Contract Documents identified in
Exhibit 1.1.8 hereto and is sufficient to finance the costs of all labor, work, services, material and equipment needed to fully,
timely and properly perform such Work; (2) the Contract Time established by this Contract is adequate to allow Contractor to
complete its Work fully and properly within the time established, and Contractor has available and will supply sufficient
manpower (including necessary supervision and support services) to complete its Work, fully and properly, within the Contract
Time; and (3) Contractor otherwise has and will supply sufficient personnel and resources to perform its Work in a full, timely
and proper manner and to comply with all of the terms and conditions set forth in the Contract Documents. Contractor
expressly acknowledges and agrees, based on the foregoing, that it will not be entitled to any increase in the Contract Sum
and/or any extension in the Contract Time and will not be entitled to any increased compensation or other damages of any kind
or nature, based on any claim that Contractor's bid was based on a mistake or misunderstanding as to the requirements of the
Contract Documents, or based on any other claim that Contractor misconstrued, misinterpreted, misread, mistook or otherwise
failed to understand all of the terms and conditions of the Contract Documents and/or Contractor's Work on the Project as set
forth therein.
1.3.2 The Contract Documents, Drawings, Specifications and other documents are to be considered as cooperative
and complementary, and what is required by one shall be as binding as if required by all.
1.3.3 Organization of the Specifications into divisions, sections and articles, and arrangement of Drawings shall
not control Contractor in dividing the Work among Subcontractors or in establishing the extent of Work to be performed by
any trade. Contractor shall be responsible for assigning or dividing the Work among Subcontractors as necessary for the full
and timely completion of all construction required by any of the Contract Documents, whether or not the Contract Documents
specifically identify the trade or type of Subcontractor responsible for each element of the Work, or assign or divide each
element of the Work to or among different Subcontractors. The failure of the Contract Documents to identify the trade or type
of Subcontractor responsible for each element of the Work or to assign or divide the Work to or among different
Subcontractors shall not entitle Contractor to any additional or extra compensation from Walmart. If an element of the Work is
included in the Contract Documents but is not specifically identified to a section of the Specifications, Contractor nonetheless
shall be responsible for doing the Work and shall not be entitled to any increase in the Contract Sum on account of said Work
or as a result of the failure to identify such Work to a particular section of the Specifications.
1.3.4 By executing this Contract, Contractor represents that, consistent with highest standards of skill, care and
diligence applicable to construction contractors performing construction services on projects similar to the Project in the same
geographic location as the Project, Contractor has thoroughly inspected and familiarized itself with the Project site, all reports,
studies and materials provided by Walmart, local information, seasonal weather conditions and any other reasonably available
documents and information concerning conditions under which the Work will be performed. Based on such inspection and
familiarization, Contractor agrees that it shall not be entitled to additional compensation or time as a result of any condition
that could have been reasonably foreseen prior to the execution of this Contract. Further, Contractor shall not be entitled to an
increase in the Contract Sum or an extension of the Contract Time as a result of any obstruction, difficulty or condition, to the
extent that such obstruction, difficulty or condition could be avoided or mitigated by Contractor's use of any reasonable
construction means, methods, techniques, sequences, procedures and/or coordination of the Work. If Contractor encounters
concealed physical conditions that could not have been reasonably foreseen before execution of this Contract, avoided or
mitigated despite the exercise of due diligence as set forth above ("Reasonably Unforeseen Conditions"), then Contractor
shall promptly deliver to Walmart in writing a Preliminary Change Request as set forth in paragraph 4.2.1, and the parties
agree that the terms of paragraph 4.2 shall govern the rights and obligations of the parties with respect to such matters. The
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term' -'.`Reasonably Unforeseen Conditions" shall not include conditions previously identifiedin the -.Contract Documents;.:a _ Phase
1 or Phase 2 environmental study, a remedial action plan, a soil management plan, or another report, study or document provided
or reasonably available to Contractor. The failure of Contractor to deliver to Walmart a Preliminary Change Request as
set forth in paragraph 4.2.1 following Contractor's discovery of what it believes to be a Reasonably Unforeseen Condition within
the applicable time frame established by paragraph 4.2.1 shall mean that Contractor has irrevocably waived the right to claim
any increase or adjustment in the Contract Sum or Contract Time on account of such condition, and Contractor shall perform
all work required by or in connection with any occurrence or condition giving rise to the claim without increase in the Contract
Sum, an extension of the Contract Time or other compensation or remedy of any kind. Provided Contractor has complied
with the procedures set forth in paragraph 4.2, if the parties cannot agree about whether or to what extent Contractor has
encountered Reasonably Unforeseen Conditions, Contractor may proceed with a claim as provided in paragraph 8.3. 1.
3.5 Without limiting the generality of the foregoing, the parties expressly acknowledge and agree that the following
terms shall apply with respect to Rock Excavation. 1)
As used herein, "Rock Excavation" shall mean the excavation and disposal of igneous, metamorphic or sedimentary
rock that cannot be removed by rippers or other mechanical methods and, therefore, requires drilling
and blasting. Excavation of rock or other materials that can be removed by rippers or other mechanical
methods shall not constitute "Rock Excavation" or a "Reasonably Unforeseen Condition," even if
such rock or other materials are not shown on any soils report or other information available to Contractor. 2)
All Rock Excavation that is indicated by any available soils report shall be considered unclassified excavation,
shall be included with site work grading as part of the applicable line item on the Schedule of Values,
and Contractor shall be obligated to perform all such Rock Excavation as part of its Work, and Contractor
shall not be entitled to any increase in the Contract Sum or extension in the Contract Time on account
of such Rock Excavation. 3)
If Contractor believes that Rock Excavation not indicated by any available soils report or other information is required,
Contractor may, subject to the terms of paragraphs 1.3.4 and 4.2 generally, submit a Preliminary Change
Request to Walmart in accordance with the procedure set forth in paragraph 4.2.1 with respect to such
condition. 1.
4 OWNERSHIP AND USE OF DRAWINGS, SPECIFICATIONS AND OTHER DOCUMENTS 1.
4.1 The Drawings, Specifications, Addenda and other documents prepared by Architect, Walmart or Walmart's Consultants
through which the Work to be executed by Contractor is described shall not be used by Contractor, its Subcontractors
or any person other than Walmart on projects other than the Project unless expressly authorized in writing by Walmart.
Contractor and Subcontractors are granted a limited license to use and reproduce applicable portions of the Drawings,
Specifications, Addenda and other documents prepared by Architect or Walmart's Consultants appropriate to, and for
use in the execution of, their work under the Contract Documents. Neither Contractor nor any Subcontractor or material, or equipment
supplier shall own or claim a copyright in the Drawings, Specifications and other documents prepared by Architect, Walmart
or Walmart's Consultants. Submittal or distribution to meet official regulatory requirements or for other purposes in connection
with this Project shall not be construed to be a publication or derogation of Walmart's rights with respect to such Drawings,
Specifications, Addenda and other documents. 1.
4.2 Contractor also represents and warrants that all of its Work shall be considered a work made for hire and that Walmart
shall be the sole and exclusive owner of any and all right, title, and interest in, to, and under intellectual property including,
without limitation, all inventions, patents, works of authorship, copyrights, trademarks, trade names, trade dress, and
trade secrets) that is (1) created by, for, or on behalf of Contractor, any Subcontractor or any of their respective affiliates, officers,
employees, partners, members, managers, agents and representatives; and (2) related to the Work and/or any materials used
to complete the Work, or otherwise related to this Contract (the "Intellectual Property"), and Contractor hereby irrevocably
assigns, transfers, sets over, conveys, and delivers its entire right, title, and interest in and to the Intellectual Property
to Walmart, and its successors and assigns. 1073120.
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WALMART
2.1 INFORMATION AND SERVICES REQUIRED OF WALMART
2.1.1 Walmart shall secure and pay for necessary governmental approvals required for construction of the Work
which are not the responsibility of Contractor under the Contract Documents.
2.1.2 Walmart shall furnish a survey or surveys describing certain physical characteristics and approximate utility
locations at the Project site, and containing a legal description of the Project site.
2.1.3 Information or services under Walmart's reasonable control shall be furnished by Walmart with reasonable
promptness following Contractor's written request therefor.
2.1.4 Contractor will be furnished free of charge one (1) electronic copy of the Drawings, Specifications and
Addenda, for execution of the Work on the Project. All other copies of the Drawings, Specifications and Addenda or other
Contract Documents shall be at Contractor's sole cost and expense.
2.2 WA.LMART'S CONSTRUCTION MANAGER
2.2.1 Walmart will notify Contractor of the Walmart construction manager authorized to act on Walmart's behalf
with respect to the Project. Walmart may also notify Contractor of a separate mechanical construction manager authorized to
act on behalf of Walmart with respect to the mechanical aspects of the Project. As used herein, the term "Walmart's
Construction Manager" shall refer to the construction manager and/or to any separate mechanical construction manager
identified by Walmart to Contractor, as appropriate. In the event Contractor receives any instructions or approvals, either in
writing or orally, by persons other than Walmart's Construction Manager, Contractor shall provide written notice to Walmart's
Construction Manager and Walmart's Contract Administrator of such instructions or approvals and shall not act upon such
instructions or approvals until provided with directions from Walmart's Construction Manager. Unless otherwise agreed in
writing between the parties or otherwise provided in this Contract, Contractor shall not accept requests for work or services or
other directions, in connection with the performance of the Work pursuant to this Contract unless such request or direction is
issued by Walmart's Construction .Manager. A new Construction Manager may be designated by Walmart at any time and
from time to time by providing notice to Contractor.
2.2.2 Contractor hereby acknowledges that Walmart's Construction Manager (either directly or through specific
authority given in writing by Walmart's Construction Manager to another person) shall, without limitation, have authority and
the right to: (1) reject Work which does not conform to the Contract Documents; (2) stop the Work in order to require its
proper execution or order the correction of Work which Walmart's Construction Manager determines is defective, substandard
or not in conformance with the applicable Contract Documents; and (3) require special inspection or testing of the Work in
accordance with the provisions of the Contract Documents whether or not such Work be then fabricated, installed or complete.
The foregoing rights of Walmart's Construction Manager shall not give rise to a duty on the part of Walmart to exercise such
rights for the benefit of Contractor or any other person or entity.
2.3 WALMART'S CONSULTANTS
2.3.1 Contractor acknowledges and accepts that, in addition to Architect, Walmart may retain other persons or
entities to assist Walmart in connection with the design and construction of the Project, which entities are collectively referred
to herein as "Walmart's Consultants." Contractor further acknowledges and accepts that Walmart's Consultants may assist
Walmart in reviewing and evaluating Contractor's Work pursuant to this Contract, in meetings and discussions with Contractor
regarding the design and construction on the Project, and in administering construction of the Project.
2.3.2 Contractor agrees to cooperate fully with Walmart's Consultants with respect to all activities or services
requested or required by Walmart to be performed by Walmart's Consultants in connection with the Project. Specifically,
Contractor agrees that it shall maintain communication and shall coordinate Contractor's Work with Walmart's Consultants, as
necessary to facilitate the full, timely and proper performance of all construction work on the Project.
2.3.3 Contractor acknowledges and agrees that Architect and Walmart's Consultants are solely advisors and
assistants to Walmart and that they shall not have authority to act as Walmart's agents or otherwise to act on behalf of Walmart
in connection with the Project or this Contract unless, and to the extent, expressly so provided herein or so indicated to
Contractor in writing by Walmart. Specifically, Contractor acknowledges and agrees that neither Architect nor Walmart's
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Consultants_ may::order : authorize or' -°approve -any' change ,iri -the ° Work; --Contract: S.um._or.,Contract_Time-,,and °that:ala;fsuch -_<f,
changes may be authorized only by Walmart through the execution of a written Change Order.
2.3.4 Contractor acknowledges and agrees that the performance of work hereunder together with or under the
observation of Architect and/or Walmart's Consultants shall not relieve, reduce or diminish Contractor's liability to Walmart
for errors, omissions, deficiencies, breaches of contract or breaches of warranty in connection with the performance of Work on
the Project by Contractor or its Subcontractors. Specifically, Contractor understands and agrees that Walmart, Architect and
Walmart's Consultants are under no obligation to Contractor to inspect the Work or discover defects or deficiencies in the
Work, and that the failure of Walmart, Architect or Walmart's Consultants to discover and/or notify Contractor of defects,
deficiencies or other problems in the Work shall not in any way constitute a waiver or acceptance of any such defect,
deficiency or other problem or in any way affect or reduce Contractor's responsibilities or obligations pursuant to the Contract
Documents.
2.4 WALMART'S RIGHT TO CARRY OUT THE WORK
2.4.1 If (1) Contractor fails to carry out the Work and perform its obligations in accordance with the Contract
Documents, (2) Contractor fails to continuously and diligently perform, forward and prosecute the Work so that it is in
accordance with the time period set forth in the Contract Documents (including, without limitation, the then current Project
Schedule), or (3) Walmart reasonably determines that Contractor is behind schedule to such an extent that it is unlikely that
Contractor will complete the Work on time, then Walmart will have the right, to the maximum extent permitted by applicable
law, and without prejudice to any other remedy Walmart may have, to exercise any of the following remedies, provided
Walmart has delivered written notice to Contractor of its intention to do so and Contractor has failed to remedy the condition
within seven (7) days after receiving such notice: (a) perform any of the Work or contract with a third party to perform any of
the Work, or a combination of both, which Walmart determines Contractor is failing to prosecute in accordance with the
Contract Documents following delivery of written notice to Contractor of such decision, in which case Walmart shall have the
right to deduct from payments then or thereafter due Contractor the cost of performing such Work, and/or (b) terminate this
Contract immediately upon notice to Contractor, in which case Walmart shall, in addition to any other rights or remedies
available to Walmart, have the right to complete the Work or to contract with a third party to complete the Work, or a
combination of both, and Contractor shall promptly reimburse Walmart for all fees, costs and expenses incurred by Walmart as
a result thereof.
2.4.2 Notwithstanding the foregoing, Walmart may exercise the rights set forth in subparagraphs (a) or (b) of the
immediately preceding paragraph (and without being obligated to provide Contractor with written notice and an opportunity to
cure) if the basis for the exercise by Walmart of such right is that Contractor has failed to strictly comply with any of the
Compliance Requirements or has otherwise violated any applicable federal, state or local laws, rules, regulations, statutes,
codes, orders or ordinances. The foregoing rights of Walmart are in addition to any other rights or remedies that Walmart may
have at law or in equity by reason of any failure by Contractor to perform according to the terms of the Contract Documents.
2.5 WALMART'S ADMINISTRATION
2.5.1 Contractor agrees that Walmart, either directly (i.e., through Walmart's Construction Manager) and/or
through any third party designated in writing by Walmart, shall have access to the Work in progress and may observe and
inspect the Work, and shall have authority to stop the Work if necessary for its proper execution or to order the repair or
replacement of Work that Walmart determines is defective or not in conformance with the Contract Documents.
2.5.2 Walmart will have authority to reject Work which does not conform to the Contract Documents. Whenever,
in the reasonable opinion of Walmart, it is considered necessary or advisable to ensure the proper implementation of the intent
of the Contract Documents, Walmart will have authority to require special inspection or testing of the Work in accordance with
the terms of the Contract Documents, whether or not such Work be then fabricated, installed or completed. However, neither
Walmart's authority to act under this paragraph, nor any decision made by Walmart in good faith, either to exercise or not to
exercise such authority, shall create any duty or responsibility on the part of Walmart to Contractor, to any Subcontractor, to
any of their agents or employees, or to any other person performing any of the Work, nor shall it affect or reduce Contractor's
responsibilities pursuant to this Contract to perform the Work in conformance with the requirements of the Contract
Documents and free from defects or deficiencies in materials or workmanship.
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ADMINIS.T,RATIO.N ,.;;;,
2.6.1 Walmart reserves the right to delegate, in whole or in part, any rights and responsibilities regarding
administration of this Contract to Architect and/or Walmart's Consultants. Architect and Walmart's Consultants may advise
and consult with Walmart, and as advisors to Walmart, not Walmart's general agents. Architect and Walmart's Consultants
will have authority to act on behalf of Walmart only to the extent provided in the Contract Documents or subsequent written
instructions from Walmart.
2.6.2 Walmart, Architect and Walmart's Consultants will not have control over or charge of, and will not be
responsible for, construction means, methods, techniques, sequences or procedures, or for safety precautions and programs in
connection with the Work, since these are solely Contractor's responsibility. The failure of Walmart, Architect and/or
Walmart's Consultants to discover and/or notify Contractor of any defects, deficiencies or other problems in the Work shall not
in any way constitute a waiver or acceptance of such defects, deficiencies or problems and shall not in any way affect or reduce
Contractor's responsibilities pursuant to this Contract to perform the Work in conformance with the requirements of the
Contract Documents and free from defects or deficiencies in materials or workmanship.
2.6.3 Walmart, Architect and/or Walmart's Consultant(s), as appropriate, will review and approve or take other
appropriate action upon Contractor's submittals such as Shop Drawings, Product Data and Samples, but only for the limited
purpose of checking for conformance with the information and design concepts expressed in the Contract Documents. Review
of such submittals is not conducted for the purpose of determining the accuracy and completeness or other details such as
dimensions and quantities, or for substantiating instructions for installation or performance of equipment or systems, all of
which are the responsibility of Contractor. Review and approval of Contractor's submittals shall not relieve Contractor of its
obligations under the Contract Documents. Review of submittals shall not constitute approval of safety precautions or, unless
otherwise specifically stated, of any construction means, methods, techniques, sequences or procedures. Approval of a specific
item shall not indicate approval of an assembly of which the item is a component.
2.6.4 If, and only if, requested by Walmart, claims, disputes and other matters in question between Contractor and
Walmart relating to the execution of the Work or the interpretation of the Contract Documents may be referred initially to
Architect for decision. Architect's decisions on matters relating to aesthetic effect will be final if consistent with the intent
expressed in the Contract Documents.
2.7 CONSTRUCTION BY WALMART OR BY SEPARATE CONTRACTORS
2.7.1 Walmart reserves the right to perform construction or operations related to the Project with Walmart's own
forces, and to award separate contracts in connection with portions of the Project or other construction or operations on the site
Separate Contractors"). If Contractor claims that delay or additional cost is involved because of such action by Walmart,
Contractor shall make such claim in the time and manner set forth in paragraph 4.2.
2.7.2 Walmart shall provide for coordination of the activities of Walmart's own forces and of each Separate
Contractor with the Work of Contractor, who shall cooperate with them. Contractor shall participate with other Separate
Contractors and Walmart in reviewing their construction schedules when directed to do so. Contractor shall make any
revisions to the Project Schedule deemed necessary by Walmart after such joint review. The revised Project Schedules shall
then constitute the schedules to be used by Contractor, Separate Contractors and Walmart until subsequently revised.
2.7.3 Contractor shall afford Walmart and its Separate Contractors reasonable opportunity for introduction and
storage of their materials and equipment and performance of their activities and shall connect and coordinate Contractor's
construction and operations with the work of Walmart's Separate Contractors.
2.7.4 If part of Contractor's Work depends for proper execution or results upon construction or operations by
Walmart or a Separate Contractor, Contractor shall, prior to proceeding with that portion of the Work, promptly report to
Walmart any apparent discrepancies or defects in such other construction that would render it unsuitable for such proper
execution and results. Failure of Contractor to report such discrepancies or defects shall constitute acceptance thereof by
Contractor and an acknowledgment that Walmart's or Separate Contractors' completed or partially completed construction is
fit and proper to receive Contractor's Work, with the sole exception of defects not then reasonably discoverable.
2.7.5 Contractor shall promptly remedy damage caused by Contractor to completed or partially completed
construction or to property of Walmart or Separate Contractors required by the terms of this Contract. Should Contractor
damage the work or property of another Separate Contractor, Contractor shall, upon due notice, promptly attempt to settle all
claims relating to such damage with such other contractor. If such other contractor initiates a claim by suit or otherwise against
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Walmart-ory ac'count_bf,dartrage talleged--to,have been caused by Contractor, WalmarLshall. notlfyL.e6ntractor=who=shad, defend _.-
such proceeding at Contractor's expense, and if any judgment or award against Walmart arises therefrom, Contractor shall pay
or satisfy it and shall reimburse Walmart for all attorneys' fees, court costs and other expenses incurred in connection • with
such claim.
2.7.6 In the event Contractor damages completed or partially completed construction or property of Walmart or property of
a Separate Contractor then Contractor shall promptly remedy such damage after receiving notice from Walmart or Separate
Contractor. If Contractor fails to promptly remedy damage after notice, then Walmart may, at its option, without waiving any
claim for damage, at any time thereafter, deduct the amount of such damage from the Contract Sum, and more specifically,
from any amount owed by Walmart pursuant to any Application of Payment.
2.7.6.1 In instances where materials and equipment are purchased by Walmart or Separate Contractors for the benefit
of Walmart and delivered to the site, Contractor shall be responsible for coordinating delivery and acceptance of the
materials and equipment with the supplier and for suitably storing the materials and equipment on -site or off -site,
when necessary, for subsequent incorporation into the Work. Contractor shall store such materials and equipment in
accordance with procedures satisfactory to Walmart to protect and maintain condition of such materials and
equipment, and establish Walmart's title to such materials and equipment or otherwise protect Walmart's' interest,
including maintaining appropriate insurance and coordinating off -site storage and transportation to the site for
materials and equipment stored off -site. In the event such materials and equipment are lost, stolen, damaged or
otherwise unattainable, Walmart may, at its option, without waiving any claim for damages, at any time thereafter
deduct the amount of such materials and equipment from the Contract Sum, and more specifically, from any amount
owed by Walmart pursuant to any Application of Payment.
ARTICLE 3
CONTRACTOR
3.1 REVIEW OF CONTRACT DOCUMENTS AND FIELD CONDITIONS
3.1.1 Contractor shall do all field work necessary to lay out and maintain the Work. Without limitation, Contractor
shall take field measurements and verify field conditions, shall lay out and be responsible for the accuracy of all elevations, lines,
levels, dimensions, measurements, grades, and necessary benchmarks and compare such measurements and conditions to the
information in the Contract Documents. Scaled measurements of drawings shall not be used by Contractor unless verified. If
Contractor chooses to approximate distances by scaling from the Drawings, Contractor shall do so at its own risk and Contractor
acknowledges and agrees that such scaling shall not be deemed by Walmart to be an accurate measurement. Contractor shall not
receive any additional compensation or fees as a result of or due to scaling from the Drawings or differences between actual
dimensions and the measurements indicated on the Drawings.
3.1.2 In the event Contractor discovers: (1) any error, inconsistency, omission or conflict in the Contract Documents
or between the Contract Documents and verified field measurements or conditions); (2) that the Contract Documents are at
variance with any applicable codes or laws; or (3) any inconsistency, conflict or ambiguity within or among the information and
communications provided to Contractor by Walmart, Architect or Walmart's Consultants, then Contractor shall promptly report
such error, inconsistency, omission, variance, conflict or ambiguity in writing to Walmart, and shall secure written instructions from
Walmart prior to proceeding with any Work affected by or involving such error, inconsistency, omission, variance, conflict or
ambiguity.
3.1.3 It is recognized that Contractor's review of the Contract Documents is made in Contractor's capacity as a
contractor and not as a licensed design professional, unless otherwise specifically provided in the Contract Documents.
Nevertheless, if Contractor performs Work knowing it to be contrary to laws, statutes, ordinances, building codes, and rules and
regulations without such notice to Walmart, Contractor shall assume responsibility for such Work and shall bear the costs
attributable to correction. Contractor, without an increase in the Contract Sum, shall be liable to Walmart for all costs and damages
incurred by Walmart should Contractor proceed with the Work without taking the actions required by paragraphs 3.1.1 and 3.1.2, or
should Contractor proceed with Work that Contractor knows involves errors, inconsistencies, omissions, variances or conflicts in
the Contract Documents without first reporting such fact to Walmart and receiving written direction from Walmart with respect
thereto, including but not limited to Walmart's written agreement or direction regarding the costs of correcting any construction
activity involving or affected by any such error, inconsistency, omission, variance or conflict.
3.1.4 Reference to the standards of any technical society, organization or association, or to codes of local and state
authorities in the Specifications, Drawings or other Contract Documents, shall mean the latest standard or code adopted and
published as of the date of commencement of the Work, unless specifically stated otherwise.
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3.2 SUPERVISION AND CONSTRUCTION PROCEDURES., ,•
3.2.1 Contractor shall perform and complete all Work in a professional and workmanlike manner, and in a manner
reasonably satisfactory to Walmart. Contractor shall supervise and direct the Work, using Contractor's best skill and attention.
Contractor shall be solely responsible for and have control over construction means, methods, techniques, sequences and
procedures, and for coordinating all portions of the Work under this Contract, unless the Contract Documents give other
specific instructions concerning these matters. If the Contract Documents give specific instructions concerning construction
means, methods, techniques, sequences or procedures, Contractor shall evaluate the jobsite safety and other ramifications
thereof, and shall be fully and solely responsible for such means, methods, techniques, sequences or procedures unless, before
proceeding with related Work, Contractor gives written notice to Walmart and Architect that Contractor objects to any of such
means, methods, techniques, sequences or procedures as unsafe or otherwise inappropriate and obtains written instructions
from Architect with respect thereto.
3.2.2 Contractor shall not be relieved of its obligations to perform the Work in accordance with the Contract
Documents by the activities or duties of Walmart, Architect or Walmart's Consultants in connection with the administration of
this Contract, or by tests, inspections or approvals required or performed by persons other than Contractor.
3.2.3 Contractor shall be responsible for inspection of portions of Work already performed under this Contract to
determine that such portions are in proper condition to receive subsequent Work.
3.2.4 Contractor shall perform the Work in compliance with the requirements of Walmart's property insurance
carrier. In the event of any conflict between the requirements of such carrier and any Contract Document, Contractor shall
immediately notify Walmart. Thereafter, Contractor shall work diligently with Walmart and such carrier to resolve any such
conflict so that the Work can be performed in compliance with the requirements of such insurance carrier.
3.2.5 Contractor shall coordinate performance of the Work with Walmart to minimize disruption to, and
interference with, Walmart's operations and business due to performance of the Work. Time for performance, whether
established by the Project Schedule or any other provision of the Contract Documents, shall be of the essence. Contractor
agrees to undertake the Work subject to all conditions as they now exist or may arise. Contractor shall indemnify, defend and
hold Walmart harmless from any and all damages caused by delays of Contractor and shall reimburse Walmart for any such
damage pursuant to paragraph 3.16 hereof.
3.2.6 If Contractor encounters any substances or conditions at the Project site that are or may be hazardous,
including Hazardous Materials and/or Hazardous Waste, and Contractor's scope of Work does not include the disposal,
removal or abatement of such substances conditions, then Contractor shall immediately: (1) notify Walmart and Architect in
writing; (2) comply with all applicable Compliance Laws; and (3) stop Work in the area. Work in the affected area shall not
thereafter be resumed, except by written agreement of Walmart and Contractor, until any Hazardous Material or Hazardous
Waste in fact present in the affected area has been disposed of, removed, abated or rendered harmless.
3.2.7 If Contractor fails to comply with any of the requirements contained in the immediately preceding paragraph,
Contractor shall be liable to Walmart for all damages incurred by reason of such failure. If Contractor encounters any site
conditions involving Hazardous Materials or Hazardous Waste that are not to be removed or abated as part of Contractor's
scope of Work, and Contractor complies with the each of the requirements contained in the immediately preceding paragraph
but is nevertheless held liable for the cost of remediation of such Hazardous Materials or Hazardous Waste solely by reason of
performing Work as required by the Contract Documents, then Walmart will indemnify Contractor for such remediation cost
but only to the extent that such remediation is not required due to Contactor's actions or omissions. Notwithstanding any
contrary provision, Contractor shall be responsible for any and all Hazardous Materials brought to the site by Contractor or
subcontractors.
3.3 EQUIPMENT AND MATERIALS
Contractor shall provide all necessary tools and equipment, including equipment repair and maintenance, to perform
the Work in accordance with the Contract Documents. Contractor shall not use any Walmart equipment in any way or for any
purpose unless Walmart provides advance written consent to Contractor for it to use Walmart's equipment and designates in
writing the equipment that Contractor may use, the times during which Contractor may use the equipment, the locations where
Contractor may use the equipment, and the purposes for which Contractor may use the equipment.
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3 4 aW. __ARRAI.IT_Y. R Her..__ .m . p
3.4.1 Contractor warrants to Walmart that all materials and equipment furnished under this Contract will be of
good quality and new unless otherwise required or permitted by the Contract Documents, that the Work will be free from any
defects or deficiencies in workmanship or materials, and that the Work will conform with the requirements of the Contract
Documents. Work not conforming to these requirements, including substitutions not properly approved and authorized, shall
be considered defective. Contractor's warranty does not cover damage or failure of materials to the extent caused by any
abuse, modification, improper or insufficient maintenance or improper operation by Walmart. If required by Walmart,
Contractor shall furnish satisfactory evidence as to the kind and quality of materials and equipment to be employed in the
performance of the Work. All manufactured articles, materials, and equipment shall be stored, applied, installed, tested,
connected, erected, used, cleaned and conditioned by Contractor as directed by the manufacturer unless otherwise specified in
the Contract Documents.
3.4.2 Contractor warrants all Work to be free from defects or deficiencies in workmanship for a period of one (1)
year following the completion of all of the Work and the acceptance thereof by Walmart (the "One -Year Warranty Period").
The Work shall not be deemed to be completed by Contractor and accepted by Walmart until Contractor is entitled to submit
an invoice for the Final Payment of the Contract Sum in compliance with the provisions herein. Contractor shall correct any
defects or deficiencies in workmanship identified by Walmart and reported to Contractor within the One -Year Warranty Period
at no cost to Walmart, and such defects or deficiencies in workmanship shall be corrected within ten (10) days following such
notification to Contractor by Walmart. Labor and materials required to correct such workmanship defects or deficiencies
including, without limitation, repairs and replacement materials) will be free of charge during the One -Year Warranty Period.
Walmart will require the equipment manufacturer to provide replacement parts for original equipment manufacturer parts that
are defective or deficient while the Work is being performed and for a one (1) year period after the grand opening date of the
store on the Premises. Contractor shall obtain all replacement parts directly from the equipment manufacturer. In the event
Contractor fails to correct such defects or deficiencies in workmanship to Walmart's satisfaction (which is determined in
Walmart's sole discretion) within such ten (10) day period, Walmart shall have the right, without prejudice to any other right or
remedy that Walmart may have under this Contract, at law or in equity, to (x) correct the defects at Contractor's expense or
y) furnish or cause to be furnished the necessary supplies or equipment and/or employ or cause to be employed the necessary
workmen to remedy the defects at the expense of Contractor. Contractor shall, within ten (10) days from receipt of an invoice
therefor, reimburse Walmart for any and all costs and expenses incurred in correcting such defects.
3.4.2.1 In addition to, and not in limitation of, Contractor's obligations during the One -Year Warranty Period set
forth in paragraph 3.4.2 above, during the ninety (90) day period after the "grand opening" date of the Project, Contractor shall
service all refrigeration equipment (including materials and parts) installed on the Premises, including without limitation,
refrigeration equipment installed by contractors other than Contractor (the "90-Day Warranty Period" and collectively with
the One -Year Warranty Period, the "Warranty Periods"). Contractor's obligations during the 90-Day Warranty Period
include, without limitation, all labor, parts and refrigerant within the scope of the Contract Documents. Contractor shall obtain
all replacement parts directly from the equipment manufacturer in accordance with the provisions of paragraph 3.4.2.
Contractor shall provide service on all refrigeration equipment and correct any defects or deficiencies identified within the 90-
Day Warranty Period at no cost to Walmart, and such defects or deficiencies shall be corrected within ten (10) days following
identification thereof. Labor and materials required to service the equipment and correct such defects or deficiencies
including, without limitation, repairs and replacement materials) will be free of charge during the 90-Day Warranty Period. In
the event that Contractor fails to service the equipment or to correct such defects or deficiencies to Walmart's satisfaction
which is determined in Walmart's sole discretion) within such ten (10) day period, Walmart shall have the right, without
prejudice to any other right or remedy that Walmart may have under this Contract, at law or in equity, to (x) provide such
service or correct the defects at Contractor's expense or (y) furnish or cause to be furnished the necessary supplies or
equipment and/or employ or cause to be employed the necessary workmen to provide such service or remedy the defects at the
expense of Contractor. Contractor shall, within ten (10) days from receipt of an invoice therefor, reimburse Walmart for any
and all costs and expenses incurred in correcting such defects or providing such service.
3.4.2.2 In addition, Contractor shall provide the following supplemental warranty services. Contractor shall provide
warranty and service on equipment and materials installed regardless of whether that equipment or materials was furnished to
the project by Contactor. These warranty service obligations shall include failures during installation and for ninety (90) days
beyond store grand opening date. These warranty service obligations shall also include labor, parts, and refrigerant for repairs
to equipment covered under the Specifications. Walmart will require equipment manufacturer to furnish replacement parts for
failures of OEM parts during installation period and for one (1) year beyond store grand opening date. Contractor shall be
responsible for obtaining replacement parts from equipment manufacturer. Walmart will not pay additional costs associated
with repair or replacement of materials and parts during the warranty period. Additional costs attributed to equipment failures
shall be handled directly with the manufacturer. The supplemental warranty service obligations do not alter or change, but
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supplement, the one {1) year warranty_ obligations meaitioned.aba e,=ltefer..to. Walmart;;& Refrigeration. Specifications sectcan
1.06(A).
3.4.3 As a condition to Final Payment for the Work, Contractor shall deliver to Walmart two (2) clean, complete
and readable copies of all guarantees and warranties on equipment and materials furnished by all manufacturers and suppliers
to Contractor and all Subcontractors, together with duly executed instruments properly assigning the guarantees and warranties
to Walmart, and shall also deliver to Walmart two (2) clean, complete and readable copies of all related manufacturer's
instructions, maintenance manuals, replacement lists, detailed drawings and any technical requirements necessary to operate
and maintain such equipment and materials or needed to maintain the effectiveness of any such warranties.
3.4.4 Contractor shall provide a "Contractor's Statement of Warranty" at Final Completion. The "Contractor's
Statement of Warranty" shall be on Contractor's letterhead, signed by an officer of Contractor and shall state that: (1) the
Work performed complies with paragraph 3.4.1 of this Contract, and (2) all Work, materials and equipment furnished under
this Contract shall be free from failure under ordinary usage for a period of one (1) year from the date of Substantial
Completion as defined in paragraph 5.2.2 below.
3.5 SUBCONTRACTORS
3.5.1 As used in this Contract, the term "Subcontractor" shall mean any person or entity who has a direct contract
with Contractor to perform a portion of the Work on the Project (including materialmen and suppliers) and all other persons or
entities (whether such persons or entities are subcontractors, sub -subcontractors, materialmen or suppliers of any tier and for
any duration) who provide materials, labor or services directly or indirectly to or for the Project through or under the
supervision of Contractor or its Subcontractors.
3.5.2 Within ten (10) days after execution of this Contract, Contractor shall furnish in writing to Walmart a list of
the names of all persons or entities (including those who are to furnish materials or equipment fabricated to a special design)
proposed as a Subcontractor for each portion of the Work. Contractor shall submit updates of such list to Walmart if and
whenever Contractor proposes to either change a Subcontractor previously listed, or add a Subcontractor not previously listed.
Walmart will reply to Contractor if Walmart objects to any proposed Subcontractor. Contractor agrees that it shall not hire: (1)
any person or entity to whom Walmart objects as a Subcontractor for the Project; or (2) any person or entity not previously
identified in writing to Walmart as required above. In the event Contractor is unable to hire a Subcontractor meeting the
approval of Walmart to perform any specific Work on the Project, Walmart shall have the right, without the obligation, to hire
another person or entity of Walmart's choosing to perform such work. Should Walmart directly hire a Subcontractor pursuant
to this paragraph, Contractor shall provide Walmart with a credit to the Contract Sum equal to the amount of the contract
entered into between Walmart and such person or entity. Further, Contractor agrees to cooperate fully with such person or
entity and to coordinate all Work on the Project with the work of such person or entity as necessary to ensure the proper and
timely completion of all Work on the Project.
3.5.3 If Walmart objects to a well -qualified, proposed Subcontractor without reasonable cause, the Contract Sum
and Contract Time shall be increased or decreased by the difference; if any, occasioned by retention of a substitute
Subcontractor to who Walmart does not object, and an appropriate Change Order shall be issued before commencement of the
substitute Subcontractor's Work. However, no increase in the Contract Sum or Contract Time shall be allowed for objection to
a Subcontractor unless such Subcontractor was well qualified, there is no reasonable cause for objection by Walmart, and
Contractor has acted promptly and responsively in submitting names as required.
3.5.4 Subcontractors who have previously been designated by Walmart as unacceptable shall be subject to
approval by Walmart prior to execution of this Contract. No increase in the Contract Sum or Contract Time shall be allowed
for objection by Walmart to a Subcontractor designated by Walmart as unacceptable before execution of this Contract.
3.5.5 Contractor shall furnish to Walmart, from time to time, promptly upon request by Walmart, a true and correct
copy of any executed Subcontract.
3.5.6 Contractor shall not change a Subcontractor, person or entity previously selected, if Walmart makes
reasonable objection to such change.
3.5.7 Contractor shall be as fully responsible to Walmart for the acts and omissions of each Subcontractor, and of
the persons employed by any Subcontractor, and of the persons for whose acts and omissions any Subcontractor may be liable,
as it is for the acts and omissions of its own employees.
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3.5.8_--t_ B_y_-apprropriate-written agreement,- Contractor shall, require each Subcontractor,,to-.the,?exlent-of-the Work-to. _., '
be performed by the Subcontractor, to be bound to Contractor by the terms of the Contract Documents, and to assume toward
Contractor all the obligations and responsibilities, including the responsibility for safety of the Subcontractor's Work, which
Contractor, by these Contract Documents, assumes toward Walmart. Each subcontract agreement shall preserve and protect
the rights of Walmart under the Contract Documents with respect to the Work to be performed by the Subcontractor so that
subcontracting thereof will not prejudice such rights, and shall allow to the Subcontractor, unless specifically provided
otherwise in the subcontract agreement, the benefit of all rights, remedies and redress against Contractor that Contractor, by the
Contract Documents, has against Walmart. Where appropriate, and always with respect to legal compliance obligations,
Contractor shall require that similar agreements be executed between Subcontractors.
3.5.9 No provision of this Contract, the Contract Documents, nor of any contract between Contractor and any
Subcontractor, shall be construed as an agreement between Walmart and any Subcontractor or any person or entity other than
Contractor. No Subcontractor shall have the benefit of any rights, remedies or redress against Walmart pursuant to any of the
Contract Documents. In the event of the termination of this Contract by Walmart, Walmart shall have the right (without any
responsibility to do so) to assume the rights and responsibilities of Contractor under all or some of Contractor's subcontracts,
or purchase or rental agreements which Walmart, in its sole discretion, chooses to assume. While this provision shall constitute
a present assignment of Contractor's rights with respect to any and all such contract agreements and commitments' which
Walmart so chooses to assume, Contractor, upon request from Walmart, shall promptly execute and deliver to Walmart written
assignments of such contracts, agreements and commitments which Walmart, in its sole discretion, so chooses to take by
assignment. All of Contractor's agreements with Subcontractors shall provide for this assignment.
3.5.10 Wal-Mart Stores, .Inc. ("Walmart") is deeply committed to diversity, inclusion, and equal access for everyone.
Walmart wants diverse suppliers to have equal opportunity to participate in the performance of company contracts and requests
for proposals. Diverse suppliers include any business enterprise that is at least 5 1 % owned and operated by women, minorities,
Veterans, or people with disabilities. We encourage our suppliers to subcontract work to diverse suppliers and to use such
enterprises to provide goods and services incidental to their business.
3.5.11 Contractor agrees to comply with Walmart's "second tier spend program" as set forth in the bid documents.
For each Project awarded, Contractors will: 1) list all subcontractors; 2) complete all fields related to each subcontractor with
the most current information available; and 3) for the duration of the Project on a quarterly basis including a final report before
the project closes, report all amounts paid to Subcontractors.
3.6 COMPLIANCE
3.6.1 Contractor shall comply with, and give all notices required by, any and all applicable federal, state and local
laws, rules, regulations, statutes, codes, orders and ordinances, including, but not limited to:
1) All Environmental Laws (as defined in Exhibit 3.6 hereto), including, without limitation, all those applicable
to: (a) the use, generation, storage, handling, discharge, disposal and transport of Hazardous Materials and
Hazardous Waste (as defined in Exhibit 3.6 hereto); or (b) Stormwater (as defined in Exhibit 3.6 hereto);
2) All Safety Laws (as defined in Exhibit 3.6 hereto); and
3) All Worker Verification Laws (as defined in Exhibit 3.6 hereto).
3.6.2 All Work performed by or through Contractor shall be covered by and are subject to the "Walmart Statement
of Ethics", a copy of which is posted and available to Contractor at
http:/iaz30].759.vo.mseend.net/statementofethics/pdf`/U.S SOE.pdf. By signing this Contract, Contractor represents that
Contractor has reviewed and will comply with (and will cause its Subcontractors to review and comply with) the Walmart
Statement of Ethics in connection with the performance of Work.
3.6.3 Contractor, upon request, shall deliver to Walmart evidence satisfactory to Walmart of Contractor's compliance
with any of the terms, conditions and requirements of paragraphs 3.6.1 through 3.6.5, the terms, conditions and requirements of
Exhibit 3.6, which is attached hereto and incorporated herein by reference, and all related, corresponding and/or referenced
Specification sections and/or Forms (collectively, the "Compliance Requirements")' CONTRACTOR SHALL
STRICTLY COMPLY WITH THE COMPLIANCE REQUIREMENTS. Walmart shall have the right, but not the
obligation, to take such steps, including audits, tests and inspections, and make such inquiries, as Walmart deems appropriate
to confirm Contractor's compliance with any of the Compliance Requirements.
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v 3:6 q :With:. respect to •Contractor's employees, agents,..assigns.yand.:Subcontraetors, Contractor -,shall comply with:.. sx -;
MExhibit 3.6, and Contractor shall enforce strict discipline and good order among Contractor's employees, Subcontractors and
their agents and all other persons performing portions of the Work under the direction or supervision of Contractor. Contractor
shall ensure that all of Contractor's and its Subcontractor's employees and agents present a neat, clean and professional
appearance and conduct themselves in a businesslike manner at all times while on the Project site and/or Walmart's property.
Contractor shall not permit employment of unfit persons or persons not skilled in tasks assigned to them. Contractor shall,
upon Walmart's request, with respect to any individual performing any of the Work under the Contract Documents, obtain
from said employee, and submit to Walmart, a certification that the individual has not been convicted of any felony or any
misdemeanor involving dishonesty. Any person employed by Contractor or any Subcontractor who, while at the Project site,
does not conduct or perform work in a proper and skillful manner or who is disrespectful, intemperate, disorderly or otherwise
objectionable, shall, at the written direction of Walmart, forthwith be removed from the Project by Contractor and shall not be
employed again on the Project site without the prior written consent of Walmart.
3.6.5 Contractor and each Subcontractor shall be responsible and liable for payment in compliance with applicable
laws of all taxes relating to the Work, including all sales, consumer, use and similar taxes. Contractor and each Subcontractor
shall be responsible and liable for payment of all taxes measured by the wages of all its employees as required by law.
Contractor shall indemnify and hold Walmart harmless on account of any such tax assessed against Walmart. In the event that
any applicable federal, state, or local laws, statutes, codes, ordinances, rules, or regulations require income tax to be withheld
from any payments to be made in connection with the Contract Documents, Contractor shall comply with such requirements in
a manner that will absolve Walmart of any withholding liability. Contractor shall be responsible for any and all federal, state
and local taxes arising from or relating to the performance or completion of the Work, including, without limitation, all federal,
state and local unemployment taxes and federal and state income and social security taxes to be withheld from wages.
Walmart is hereby authorized to file, on behalf of Contractor, any and all reports, returns or other documents which are
required of Contractor by any governmental authority and which Contractor shall have failed to file in accordance with the
provisions of this Contract. Contractor further authorizes and empowers Walmart to pay on behalf of Contractor any and all
taxes, fees and assessments which Contractor shall have failed to pay as required by the provisions of this Contract, together
with all required penalties and interest, and Contractor shall promptly reimburse Walmart therefor within ten (10) days after
receiving an invoice for such amounts.
3.6.6 Contractor shall be responsible to Walmart for the acts and omissions of Contractor's employees,
Subcontractors, and their respective agents and employees and all other persons performing portions of the Work under the
direction of Contractor or any Subcontractor.
3.7 CONTRACTOR'S SUPERINTENDENT(S) AND TEAM
3.7.1 Contractor shall employ a competent superintendent and necessary assistants who shall be in attendance at
the Project site during performance of the Work on each day that Work is performed on the Project. Contractor's
superintendent(s) shall represent Contractor on the Project site and shall have authority to bind Contractor with respect to all
matters pertaining to the performance of Work on the Project. Contractor's superintendent(s) shall devote total and full time
and attention to the requirements of the Contract Documents and shall not work on any other project or construction matter
until final completion of the Work hereunder. All communications from Contractor to Walmart shall be given by or through
Contractor's superintendent(s); however, all important communications shall be given in writing.
3.7.2 Contractor's superintendent(s) shall remain subject to approval by, Walmart, which approval may be
withheld by Walmart in its reasonable discretion. Thereafter, Contractor's superintendent(s) shall not be discontinued by
Contractor and no new individual shall be designated as Contractor's Superintendent without the prior, written approval of
Walmart, which approval shall not be unreasonably withheld. If such approval is granted by Walmart, Contractor shall notify
Walmart, in writing, of the person whom it intends to employ as its replacement superintendent. Walmart shall have the right
to review the qualifications of, and conduct interviews with, such person. With reasonable promptness after such review and
interview, Walmart shall indicate to Contractor whether or not Walmart approves of the person selected by Contractor as
superintendent. Contractor shall not employ any person as Contractor's Superintendent unless Walmart agrees to the selection
of such person as provided above.
3.7.3 Contractor shall perform any work required hereunder and shall complete the Work within the Contract Time
and shall cause its original management and supervisory team to continue their office and job site duties on a full-time basis
through the completion of the Work and at any other time Contractor has any Work being performed on the Project regardless
of the date or condition of Project completion. Contractor will perform any Work that is directed by Walmart's Construction
Manager to achieve Substantial Completion by the date established therefor.
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3.8 J_-CONSTRUC IO'N-SC'HE-D-UI-ES AND ,REPORT 5:._ = _n.....
3.8.1 Within ten (10) days after commencement of construction, Contractor shall submit to Walmart a "Project
Schedule" in CPM (critical path method) format that provides for the expeditious and practical execution of the Work in
accordance with the Contract Time, sets forth the time for performance and the dates for commencement and completion of
each significant aspect of the construction work for the Project on a critical path basis, and sets forth the anticipated purchase
and delivery dates for all major materials and equipment to be employed in the performance of the Work. Additionally,
Contractor shall cause the Project Schedule to include reasonable allowances for periods of time required for Walmart's review
and approval and for inspections and approvals by the various governmental authorities having jurisdiction over the Project. If
and to the extent that Work is not being performed in compliance with the Project Schedule most recently prepared by
Contractor, Contractor promptly shall prepare and submit for Walmart's approval an updated Project Schedule to display the
manner in which Contractor will complete the Work within the Contract Time. Contractor shall perform the Work in
accordance with the most recent Project Schedule approved by Walmart, except that the approval of any Project Schedule by
Walmart shall not relieve Contractor of its obligation to complete the Work within the Contract Time. If requested by Walmart at
any time, or from time to time, Contractor shall submit the Project Schedule and all updates thereto in native electronic format (e.g.,
Primavera or Microsoft Project).
3.8.2 Contractor shall on each business day prepare a "Daily Force and Activity Report" on a form approved by
Walmart identifying, among other items, the trade and number of individuals working on the Project and the types of Work
being performed. Each Daily Force and Activity Report shall be maintained by Contractor and delivered to Walmart within
two (2) business days if ever requested by Walmart.
3.8.3 Contractor shall prepare a "Materials Status Report" as described in this paragraph not later than thirty (30)
calendar days after this Contract is awarded. The Materials Status Report shall include a complete list of suppliers, items to be
purchased from the suppliers or fabricators, time required for fabrication, and the scheduled delivery dates for each item.
Whenever Contractor learns of an event or circumstance that may delay a scheduled delivery date shown on the Materials
Status Report, it shall: (1) promptly notify Walmart of such event or circumstance, including the effect of such event on the
Project Schedule; and (2) if requested by Walmart, consult with Walmart, Architect and/or Walmart's Consultants to develop
and implement procedures that mitigate the effect of such event on the Project Schedule. Contractor will furnish to Walmart,
upon request, proof of materials order placement sufficient to assure delivery in a timely manner in compliance with the
requirements of the Contract Documents.
3.8.4 Contractor shall hold weekly progress meetings at the job site, or at such other time and place as is
acceptable to Walmart. At such meetings, the progress of the Work shall be reported in detail with reference to the then current
Project Schedule and all other construction schedules. Each Subcontractor then performing work on the Project shall have a
competent representative present at each weekly meeting to report on the condition of its work and to receive information
regarding the performance of future work by the Subcontractor. Meeting minutes shall be prepared by Contractor and
distributed to Walmart and other meeting attendees by 9:00 a.m. on Monday of the immediately following week (or sooner if
reasonably requested by Walmart or required for purposes of communicating time -sensitive information).
3.8.5 Contractor shall prepare and keep current, for Walmart's approval, a "Schedule of Submittals," in a form
reasonably acceptable to Walmart, which shall be coordinated with the then current Project Schedule and shall allow Walmart
reasonable time to review submittals. An up-to-date Schedule of Submittals shall accompany each Application for Payment.
3.8.6 Contractor shall at all times keep just and true copies of the Project Schedule (and all previous drafts thereof),
each and every Daily Force and Activity Report, the Material Status Report (and all previous drafts thereof), the Schedule of
Submittals (and all previous drafts thereof) and the minutes prepared by Contractor for each and every meeting held pursuant
to paragraph 3.8.4 at its facility throughout the Project and for a period of five (5) years after the earlier of the completion of
the work or the termination of this Contract, even if copies of any such materials have been previously delivered to Walmart.
Contractor shall deliver to Walmart copies of any such materials promptly following Walmart's request therefor and shall grant
Walmart and/or it duly authorized representatives the right, at all reasonable times during the term of this Contract and for such
five (5) years period to enter into Contractor's facility to examine and/or retrieve such materials.
3.9 DOCUMENTS AND SAMPLES AT THE SITE
Contractor shall maintain at the site for Walmart one (1) record copy of the Drawings, Specifications, Addenda,
Change Orders and other Modifications, in good order and marked currently to record changes and selections made during
construction, and in addition, approved Shop Drawings, Product Data, Samples and similar required submittals. These shall
also be available to Walmart and/or Architect or Walmart's Consultants upon request and shall be delivered to Walmart upon
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completion of the Work: Contractor- shall-be.responsible-and-l.iable,to Walmart.for_accurately and completely-recording.:all
the information required by this paragraph on the marked set of drawings and, at the conclusion of the work on the Project,
Contractor shall provide Walmart with one (1) full and complete set of reproducible as -built drawings, showing all Work
performed on the Project as set in place during construction and all changes made during construction from the original
Drawings and Specifications.
3.10 SHOP DRAWINGS, PRODUCT DATA AND SAMPLES
3.10.1 "Shop Drawings" are drawings, diagrams, schedules and other data specially prepared for the Work by
Contractor or a Subcontractor to illustrate some portion of the Work.
3.10.2 "Product Data" are illustrations, standard schedules, performance charts,, instructions, brochures, diagrams
and other information furnished by Contractor to illustrate materials or equipment for some portion of the Work.
3.10.3 "Samples" are physical samples which illustrate materials, equipment or workmanship and establish
standards by which the Work will be judged.
3.10.4 Shop Drawings, Product Data, Samples and similar submittals are not Contract Documents. The purpose of
their submittal is to demonstrate, for those portions of the Work for which submittals are required, the way Contractor proposes
to conform to the information and design concepts expressed in the Contract Documents. Any review by Walmart, Architect or
Walmart's Consultants of Shop Drawings, Product Data, Samples and similar submittals is for the limited purpose of checking
for conformance with the information and design concepts expressed in the Contract Documents and is subject to the
limitations set forth in paragraph 2.6.3 herein..
3.10.5 Contractor shall review, approve and submit to Walmart Shop Drawings, Product Data, Samples and similar
submittals required by the Contract Documents with reasonable promptness and in such sequence as to cause no delay in the
Work or in the activities of Walmart or of Separate Contractors. Submittals made by Contractor which are not required by the
Contract Documents may be returned without action.
3.10.6 Contractor shall perform no portion of the Work requiring submittal and review of Shop Drawings, Product
Data, Samples or similar submittals until the respective submittal has been approved by Walmart. Such Work shall be in
accordance with approved submittals.
3.10.7 By approving and submitting Shop Drawings, Product Data, Samples and similar submittals, Contractor
represents that Contractor has determined and verified materials, field measurements and field construction criteria related
thereto, and has checked and coordinated the information contained within such submittals with the requirements of the Work
and of the Contract Documents.
3.10.8 Walmart shall have no obligation to review any submittal from Contractor unless the actions required by
paragraph 3.10.7 above have been taken and the submittal has been reviewed and marked by Contractor to indicate field
conditions, proposed deviations from the Contract Documents and any other matters affecting design intent. Contractor shall
be responsible to Walmart for delays caused by Contractor's failure to comply with the provisions of this paragraph and of
paragraph 3.10.7 above.
3.10.9 Contractor shall not be relieved of responsibility for deviations from requirements of the Contract Documents
as a result of the approval of Shop Drawings, Product Data, Samples or similar submittals by Walmart, Architect or Walmart's
Consultants, unless Contractor has specifically identified such deviation in writing at the time of submittal and Contractor has
thereafter received written approval to the specific deviation from Walmart.
3.10.10 Contractor shall direct specific attention, in writing or on resubmitted Shop Drawings, Product Data, Samples
or similar submittals, to revisions other than those requested by Walmart, Architect or Walmart's Consultants on previous
submittals.
3.10.11 Informational submittals upon which Walmart is not expected to take responsive action may be so identified
in the Contract Documents.
3.10.12 When professional certification of performance criteria of materials, systems or equipment is required by the
Contract Documents, Walmart, Architect and Walmart's Consultants shall be entitled to rely upon the accuracy and
completeness of such calculations and certifications.
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3.11.1 Contractor shall confine operations at the site to areas permitted by Walmart and by law, ordinances, permits
and the Contract Documents and shall not unreasonably encumber the site with materials or equipment.
3.11.2 Contractor shall be solely responsible for all material or equipment stored by it or by any Subcontractors on
the Project site. Beginning with the commencement of construction and continuing through to Final Completion of the Project,
Contractor shall be responsible for the security of the Project site, including all tools, materials, equipment and. completed
Work on the site. Contractor, without any increase in the Contract Sum, shall take such actions as may be necessary to
maintain such security, including, but not limited to the erection of temporary security around the Project site. Contractor shall
properly safeguard and store any combustible materials necessary to the Work so as to protect against the possibility of fire or
other damage. Contractor shall be solely responsible for all damage, cost or expense caused by the use or storage of
combustible materials at the Project site. Contractor shall provide temporary weathertight enclosures for all exterior openings,
and shall be responsible for protecting the Work from weather conditions. At the end of each day Contractor shall close all
temporary enclosures and secure all exterior doors.
3.11.3 Contractor shall train the individuals who perform Work under the Contract Documents on the use of any and
all material and equipment used at the Project site.
3.12 CUTTING AND PATCHING
3.1.1 Contractor shall be responsible for all cutting, fitting or patching required to complete the Work or to make
its parts fit together properly.
3.12.2 Contractor shall not damage or endanger a portion of the Work or fully or partially completed construction of
Walmart or Separate Contractors by cutting, patching or otherwise altering such construction, or by excavation. Contractor
shall not cut or otherwise alter such construction by Walmart or a Separate Contractor except with written consent of Walmart
and of such Separate Contractor. Walmart agrees that such consent shall not be unreasonably withheld and Contractor agrees
that it shall not unreasonably withhold from Walmart or a Separate Contractor Contractor's consent to cutting or otherwise
altering the Work.
3.13 CLEANING UP
3.13.1 Contractor shall keep the premises and surrounding area free from accumulation of waste materials or
rubbish resulting from operations under the Contract. At Substantial Completion of the Work, Contractor shall remove from
and about the Project waste materials, rubbish, Contractor's tools, construction equipment, machinery and surplus materials
and shall repair any and all damage to the premises and other property of Walmart caused by such removal. Contractor shall
keep the job site free of improperly stored or unattended combustible materials. At the end of each day, the Project site. shall
be left "broom clean," and all boxes, crates, trash, etc. shall be placed in a dumpster provided by Contractor.
3.13.2 If a dispute arises among Contractor, Separate Contractors and/or Walmart as to the responsibility under their
respective contracts for maintaining the premises and surrounding area free from waste materials and rubbish, Walmart may
clean up and allocate the cost among those responsible as Walmart determines to be just.
3.14 ACCESS TO WORK
Contractor, upon request, shall provide Walmart, Architect and Walmart's Consultants with access to the Work in
preparation and progress wherever located. Contractor shall provide facilities for such access.
3.15 ROYALTIES AND PATENTS
Contractor shall pay all royalties and license fees. Contractor shall defend suits or claims for infringement of patent
rights and shall hold Walmart, Architect and Walmart's Consultants harmless from loss on account thereof. Contractor shall
not be responsible for such defense or loss when copyright violations are contained in the Contract Documents, unless
Contractor has reason to know of such violation and fails to notify Walmart of it, in writing, prior to the performance of any
Work affected by or involving any design, process or product in question.
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3.L6,..,i INDEMNIFICA-TION.
3.16.1 To the fullest extent permitted by law, Contractor shall indemnify, protect, defend and hold harmless
Walmart and its affiliates and its and their respective directors, stockholders, members, managers, officers, employees, agents,
consultants, representatives, successors, transferees and assigns (collectively, the "Walmart Indemnified Parties") from and
against any and all Damages arising from, relating to or associated with any actual or alleged (1) actions or omissions of
Contractor or its employees, agents, representatives, or Subcontractors, or any employees, agents, representatives or contractors
of any of the foregoing, in connection with the performance of the Work hereunder, including, without limitation, (a) any lien,
security interest, claim or encumbrance in favor of any person or entity making a claim by reason of having provided labor,
materials or equipment relating to the Work, and (b) any injury, damage, harm or loss arising from, relating to or in any manner
connected with the "release" or "threatened release" of Hazardous Materials, contaminants, oil or radioactive materials at or
from any Walmart premises as a result of or connected with Contractor's performance of the Work, even if not discovered or
alleged until after the termination of the Contract, and/or (2) any breach, violation or default by Contractor or its employees,
agents, representatives, or Subcontractors, or any employees, agents, representatives or contractors of any of the foregoing, of
Contractor's obligations under the Contract Documents, including, without limitation, any violation of any law, statute,
ordinance, order, rule or regulation, including, without limitation, any Compliance Laws. Contractor's obligations to
indemnify and defend the Walmart Indemnified Parties hereunder shall apply unless it shall be ultimately determined by a final
judicial decision from which there is no further right to appeal that the Walmart Indemnified Parties are not entitled to
indemnification under this Contract. Further, in the event that it is ultimately determined by a final judicial decision from
which there is no further right to appeal that a portion of the fault is attributable to the Walmart Indemnified Parties,
Contractor's obligations on the indemnity will be proportional to the proportional fault of Contractor and the Walmart
Indemnified Parties.
3.16.2 If a Walmart Indemnified Party has a right against a person (other than another Walmart Indemnified Party or
one of Walmart's insurers) with respect to any Damages paid to such Walmart Indemnified Party by Contractor, then
Contractor, to the extent of such payment, shall be subrogated to the right of such Walmart Indemnified Party.
3.16.3 If requested by Contractor, the Walmart Indemnified Parties shall cooperate (1) in contesting any claim for
Damages, which Contractor elects to contest, or (2) if appropriate, in making any counterclaim against the person asserting the
claim, or any cross -complaint against any person; provided, that Contractor shall reimburse the Walmart Indemnified Parties
for any reasonable out-of-pocket expenses incurred by them in so cooperating.
3.16.4 If a Walmart Indemnified Party receives notice of the assertion, filing or service of any lawsuit, claim,
demand, action, liability or other matter that is or may be covered by this indemnity, Walmart shall promptly notify Contractor
thereof in writing, provided that no failure by Walmart to give timely notice shall relieve Contractor of liability hereunder.
Upon receipt of notice, from whatever source, of any such lawsuit, claim, demand, action, liability or other matter covered by
this indemnity, Contractor shall immediately take necessary and appropriate action to protect the Walmart Indemnified Parties'
interest, with counsel satisfactory to Walmart, provided that, Walmart, at its sole and absolute discretion, retains the right to
select and appoint counsel to defend any Walmart Indemnified Party and/or to replace any counsel that Walmart determines is
unacceptable with new counsel (and the fees and expenses of such new counsel shall be payable by Contractor). Any counsel
provided by Contractor to defend any Walmart Indemnified Party shall accept, acknowledge receipt of, and conduct the
defense of such Walmart Indemnified Party in accordance with, Walmart's Indemnity Counsel Guidelines. The Walmart
Indemnified Parties shall at all times have the right to direct the defense of, and to accept or reject any offer to compromise or
settle, any lawsuit, claim, demand or liability asserted against them.
3.16.5 To the greatest extent permitted by law, the indemnification obligations set forth in the Contract Documents
1) are independent of, and will not be limited by, each other or any insurance obligations in the Contract Documents (whether
or not complied with) or any limits on damages or benefits payable under workers' compensation or other statutes, (2) are not
diminished or limited in any way by any insurance carried in whole or in part by Walmart, which shall in all cases function in
excess of these indemnification obligations, and (3) will survive the termination and/or completion of this Contract until all
matters covered by the indemnification obligations are fully and finally barred by applicable law. The indemnification
provisions in the Contract Documents shall include all applicable law affecting the validity or enforceability of those
provisions, and the applicable law will operate to amend those provisions to the minimum extent necessary to bring the
provisions into conformity with the applicable law. The provisions, as modified, shall continue in full force and effect. The
indemnification obligations of Contractor under the Contract Documents shall not be construed to negate, abridge, or reduce
other rights or obligations of indemnity which would otherwise exist as to any of the Walmart Indemnified Parties.
3.16.6 The term "Damages," as used in this Contract, shall mean any and all lawsuits, claims, actions, injuries,
damages (including, but not limited to, punitive, consequential and exemplary damages), losses, fines, penalties, sanctions,
deficiencies, judgments, awards, costs, expenses (including, without limitation, reasonable fees, disbursements, and costs of
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u"' =attor`nes`'accounfarits`'ex erts and invests `ators =settlernerif^" a " Brits liabilities iemed'iation ex nsescorcecfie action.
costs, and other obligations, including, without limitation, property damages and bodily or personal injuries, illnesses and
deaths (whether or not such injury is physically manifest, or emotional in nature without any attendant physical manifestation
of such injury), and in each case regardless of whether such matters are groundless, fraudulent or false.
3.16.6 ALL INDEMNIFICATION OBLIGATIONS IN PARAGRAPH 3.16 OF THIS CONTRACT SHALL
BE ENFORCED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW FOR THE WALMART
INDEMNIFIED PARTIES' BENEFIT, REGARDLESS OF THE CAUSE(S) OR ALLEGED CAUSE(S) OF THE
CLAIMS.
3.17 LABOR
3.17.1 Contractor agrees, and shall require all Subcontractors to agree, that no labor dispute of any kind involving
Contractor or any Subcontractor, or their employees or agents shall be permitted to occur or be manifested on the Project, and
Contractor agrees, and shall require all Subcontractors to agree, to that end to only employ persons on the Work who will work
at all times in harmony with other persons employed on the Project.
3.17.2 Contractor agrees, and shall require each Subcontractor to agree, that its employees shall not participate in or
accede to any work stoppage, slow down or any type of interference with the performance of work by other persons on the
Project which may occur as a result of any labor dispute involving its employees.
3.17.3 Should there be a work stoppage, slow down or any type of interference with the performance of Work on
the Project involving Contractor or its employees or a Subcontractor or any of their employees resulting from a labor dispute
and which, in the judgment of Walmart, will cause, or threatens to cause, delay in the progress of construction, then upon
twenty-four (24) hours written notice (or such longer notice period as may be required pursuant to applicable law), Walmart
shall have the right to declare Contractor in default under this Contract and take such steps as are necessary to finish the
uncompleted portion of the Work. In such event and to the extent permitted by applicable law, Walmart shall have the right to
take possession of and use all of Contractor's materials and equipment intended for use on the Work. The cost of completion,
including all expenses, attorney's fees and costs incurred in resolving the labor dispute, shall be charged against Contractor's
remaining interest in the Contract Sum (unless otherwise required by applicable law).
3.17.4 Should Contractor and/or any Subcontractors become involved in a labor dispute resulting in a work
stoppage, slow down or any type of interference with the progress of construction and resulting in an increase in interest
charges to Walmart, Contractor shall be liable to Walmart for this increased cost (unless otherwise required pursuant to
applicable law). If Contractor's remaining interest in the Contract Sum is less than the cost of completion, Contractor shall pay
Walmart such deficit within thirty (30) days after written demand for such excess has been made upon it by Walmart (or such
longer period as may be required by applicable law).
3.17.5 Harmony clause provisions similar to the provisions of the immediately preceding paragraphs shall be
included in all of Contractor's and/or Subcontractor's subcontracts relating to the Work.
ARTICLE 4
CHANGES IN THE WORK
4.1 GENERAL
4.1.1 Changes in the Work, adjustments in the Contract Sum or adjustments in the Contract Time may be
accomplished after execution of this Contract only with the written consent of Walmart pursuant to the execution of a valid
Change Order. Contractor expressly agrees that it shall have no right to rely upon any additions, deletions, or revisions to the
Work or Schedule which are directed orally and are not authorized by a written Change Order signed by Walmart, and further
agrees that no claim for an adjustment in the Contract Sum or the Contract Time or otherwise will be allowed based on
Contractor's reliance upon such oral direction. Architect and Walmart's Consultants shall not be deemed as agents of Walmart
for these purposes. Contractor shall not be entitled to any compensation in addition to the Contract Sum for extra work,
overtime work or changes in the Work of any kind unless such work is approved in writing by Walmart prior to the
commencement of such work and shall not be entitled to rely on any oral statements of Walmart's Construction Manager,
Walmart's Consultants or Architect in this regard.
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A .`-.`Change.Order" is.a written:direction to Gontractor.in an;electronic form designated. -as a --change
and issued by Walmart after execution of this Contract, authorizing or requiring a change in the Work or an adjustment in the
Contract Sum or the Contract Time. The Contract Sum and the Contract Time may be changed only by Change Order.
Contractor shall not commence the performance of any Work that entitles Contractor to an increase in the Contract Sum or an
extension of the Contract Time without first receiving an Authorization to Proceed (as described in paragraph 4.2 below) that is
signed by Walmart. A Change Order signed by Contractor indicates its agreement therewith, including any adjustments in
compensation or the time for Substantial Completion of the Work as a result of the issuance of the Change Order and shall
constitute a final settlement of all matters relating to the work required by the Change Order, including all delays, compression,
impact, overtime or other costs or expenses associated therewith.
4.1.3 The adjustment to the Contract Sum resulting from a change in the Work performed pursuant to a valid
Change Order shall be determined in one or more of the following ways: (1) mutual acceptance of a lump sum properly
itemized and supported by sufficient substantiating data, as outlined in Exhibit 4.1, to permit evaluation; (2) a unit price basis
stated in the Contract Documents or subsequently agreed upon, subject to any applicable terms or procedures set forth in
Exhibit 4.1; (3) a time and material basis, subject to any applicable terms or procedures set forth in Exhibit 4.1 or paragraph
4.1.3.1 below; or (4) pursuant to paragraph 4.1.3.2 below.
4.1.3.1 In the event the Contract Sum is adjusted on a time and materials basis pursuant to the terms of
Exhibit 4.1, the parties agree that (1) the increase in the Contract Sum on account of the "time" component shall be calculated
based on the rate of wages actually paid by Contractor or its Subcontractor, as applicable, to the construction workers and field
engineering personnel engaged in the applicable Work for every hour that such construction workers and field engineering
personnel perform the applicable Work, and (2) the increase in the Contract Sum on account of the "materials" component
shall be the amount reasonably and actually paid for materials incorporated into the applicable Work by the party (i.e.,
Contractor or Subcontractor) actually responsible for their incorporation. Pursuant to paragraph 4.3, Contractor shall permit
Walmart and Walmart's Consultants to audit Contractor's books and records and those of its Subcontractors for purposes of
verifying the proper nature and amount of any amount owed for such time and materials adjustments.
4.1.3.2 Notwithstanding any other provision of this Contract, if Walmart and Contractor cannot agree about
whether a particular change to, or concerning, the Work warrants an increase in the Contract Sum and/or an extension of the
Contract Time, or about the amount of the increase and/or extension that is appropriate for a given change, then Walmart may
require Contractor to accept, immediately commence and perform such change by issuing a Change Order with respect thereto.
Contractor agrees that it shall comply promptly and fully with any Change Order issued by Walmart pursuant to this paragraph
and acknowledges that Walmart has no adequate remedy at law should Contractor refuse to do so, such that Walmart may
enforce Contractor's compliance with the terms of this paragraph as set forth in paragraph 8.2.4 below). In a Change Order
issued pursuant to this paragraph, Walmart shall, in appropriate circumstances, include what it considers a reasonable increase
in the Contract Sum and/or a reasonable extension of the Contract Time, if any. Contractor shall not be entitled to any increase
in the Contract Sum and/or any extension of the Contract Time beyond that indicated in the Change Order issued by Walmart,
except and only as later agreed by Walmart and Contractor.
4.1.4 Contractor agrees that the amount to be paid to Contractor as set forth in any Change Order shall constitute
full compensation to Contractor for all Work required in connection with the Change Order and full compensation for all
acceleration, delay, loss of efficiency, inconvenience or other costs, expenses or damages which have been or may be incurred
by Contractor as a result of the issuance of the Change Order and/or the performance of the Work required in connection with
the Change Order. Contractor acknowledges that the amount payable to Contractor and its Subcontractors on account of on -
site overhead (general conditions costs), home office overhead, insurance, bonding, supervision, or other similar expenses in
connection with any Change Order shall be subject to the express limitations set forth in Exhibit 4.1.
4.1.5 The unit prices, if any, identified in this Contract shall apply only to changes in the Work and if specifically
so directed in a written Change Order signed by Walmart. Absent such direction (and absent specific agreement by Walmart in
a signed Change Order to another method of compensation), Contractor shall be compensated for changes in the Work
pursuant to the provisions of Exhibit 4.1.
4.1.6 Walmart, without invalidating this Contract, may at any time, order changes in or to the Work consisting of
additions, deletions or other revisions by delivering a "Construction Change Directive" to Contractor, and Contractor shall be
required to follow the procedures set forth in paragraph 4.2 below following receipt of any such Construction Change Directive
from Walmart.
4.1.7 Walmart shall also have the authority to require, by delivery of a written order, minor changes in the Work
which shall not entitle Contractor to an adjustment in the Contract Sum or Contract Time if such minor change is not
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inconsistent with,-the--,intent-of the__Cohtract-Documents: Walmart-and- Contractorzshall.-beiboundzbys-any-,such order-yarid.
Contractor shall carry out such written orders promptly.
4.2 CHANGE ORDER PROCEDURES
4.2.1 In the event Walmart directs Contractor to make a change in or to the Work by delivering a Construction
Change Directive, or in the event Contractor believes that it is entitled to an increase in the Contract Sum or an extension of the
Contract Time for any reason whatsoever, including without limitation as a result of its discovery of any of the items described
in paragraph 3.1.2, a claim of a Reasonably Unforeseen Condition, a claim of Excused Delay, or otherwise, Contractor shall be
obligated to deliver to Walmart a "Preliminary Change Request" in strict accordance with all terms, conditions and
procedures set forth in Exhibit 4.1, which Preliminary Change Request shall be in an electronic form designated by Walmart
from time to time. Contractor shall deliver to Walmart a Preliminary Change. Request (1) within seven (7) days after
Contractor's receipt of any Construction Change Directive from Walmart and (2) within the later of seven (7) days after the
occurrence of any event giving rise to any claim or seven (7) days after Contractor first recognizes the condition giving rise to
such claim, whichever is later. Each Preliminary Change Request shall describe in detail the condition that Contractor believes
entitles it to an increase in compensation or extension in time. Failure by Contractor to timely deliver to Walmart a complete
and accurate Preliminary Change Request shall mean that Contractor has waived the right to request or make a claim for any
increase in compensation or extension in the time for performance and shall be obligated to perform all work required by or in
connection with any occurrence or condition giving rise to the assertion without increase in the Contract Sum, extension of the
Contract Time or other compensation or remedy of any kind.
4.2.2 Following Walmart's receipt of a timely delivered Preliminary Change Request, Walmart shall thereafter
investigate the condition described in the Preliminary Change Request (and Contractor shall fully cooperate with Walmart's
efforts in this regard, including by delivering additional information requested by Walmart) and shall, within seven (7) days
following its receipt of the Preliminary Change Request, issue one of the following responses to Contractor in an electronic
form designated by Walmart from time to time: (i) a "Notice Not to Proceed," notifying Contractor that the scope of work
described in the Preliminary Change Request should not be performed for the Project; (ii) a "Reject Change," notifying
Contractor that the Preliminary Change Request is rejected, the work described in the Preliminary Change Request must be
performed by Contractor but the Contract Sum will not be adjusted; or (iii) an "Authorization to Proceed," authorizing the
performance of the work described in the Authorization to Proceed. The parties agree that in the event Walmart fails to
respond to Contractor in writing within seven (7) days following Walmart's receipt of a timely delivered Preliminary Change
Request, Walmart shall be deemed to have denied the Preliminary Change Request and directed Contractor not to proceed with
scope of work referred to in the Preliminary Change Request.
4.2.2.1 In the event a Preliminary Change Request is denied by Walmart, Contractor shall be obligated to
continue to properly perform the Work in accordance with the Contract Documents. Should Contractor dispute such denial,
Contractor may pursue a claim against Walmart pursuant to the terms of paragraph 8.3; provided, however, that (i) Contractor
shall be obligated to continue performing the Work hereunder pursuant of the terms of paragraph 8.2.4, and (ii) Contractor's
sole and complete'remedy with respect to any successful claim made pursuant to paragraph 8.3 (including, but not limited to,
claims based on changes to the Work or delay, impact or acceleration) shall be the actual increased cost of labor and material,
if any, incurred by Contractor as a result of the occurrence or condition giving rise to the claim, calculated pursuant to the
terms of Exhibit 4.1 (as supplemented by the terms of paragraph 4.1.3.1).
4.2.2.2 The delivery of an Authorization to Proceed by Walmart shall constitute Walmart's authorization to,
and requirement that, Contractor proceed with the work described in the Authorization to Proceed, but such delivery shall not
constitute a Change Order hereunder or any agreement as to any increase in the Contract Sum or extension in the Contract
Time.
4.2.3 Following Contractor's receipt of an Authorization to Proceed, Contractor agrees that it shall immediately
commence and perform the work described in the Authorization to Proceed. Contractor agrees that it shall comply promptly
and fully with any Authorization to Proceed issued by. Walmart (and acknowledges that Walmart has no adequate remedy at
law should Contractor refuse to do so, such that Walmart may enforce Contractor's compliance with the terms of this
paragraph as set forth in paragraph 8.2.4 below). Within thirty (30) days following the date that Contractor delivered the
Preliminary Change Request, Contractor shall, in strict accordance with all terms, conditions and procedures set forth in
Exhibit 4.1, deliver to Walmart a "Change Request" in an electronic form designated by Walmart from time to time which
Change Request shall, without limiting the other terms set forth in Exhibit 4.1, include all particulars relating to the requested
changes in the scope of the Work, the Contract Sum and the Contract Time, as applicable. Failure by Contractor to timely
deliver to Walmart a complete and accurate Change Request shall mean that Contractor has waived the right to request any
increase in compensation or extension in the time for performance and shall be obligated to perform all work required by or in
1073120.45 21
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connection.with any_occ4urrence,or..condition gi.4-in i s__e4tosth assertion without merease;in.the Contract:S;gm;_an-extensiva.,of 4 _ w— ----
the Contract Time or other compensation or remedy of any kind.
4.2.4 Within twenty (20) days following Walmart's receipt of a timely delivered Change Request, Walmart shall
take one of the following steps (i) issue to Contractor a request for additional information to allow Walmart to further evaluate
the Change Request or otherwise provide Contractor with Walmart's suggestions regarding objectionable items included in the
Change Request or deficiencies in the Change Request, (ii) reject the Change Request (and the parties expressly acknowledge
that Walmart may, without limitation, reject a Change Request if it differs from the previously issued Authorization to
Proceed); or (iii) issue to Contractor a Change Order in an electronic form designated by Walmart authorizing the requested
adjustments set forth in the Change Request. If Walmart elects to proceed as described in clause (i) above, the Contractor shall
have fourteen (14) days to deliver to Walmart the requested information or otherwise deliver a revised Change Request, and
Walmart shall again have twenty (20) days following receipt of such additional information or revised Change Request to
proceed in one of the manners described above.
4.2.5 Failure by Contractor to follow the procedures set forth in paragraph 4.2 in the event Contractor believes it is
entitled to additional compensation or additional time for any reason shall mean that Contractor has waived the right to request
such an increase or extension and shall be obligated to perform all work required by or in connection with any occurrence or
condition giving rise to the assertion without increase in the Contract Sum, an extension of the Contract Time or other
compensation or remedy of any kind.
4.3 AUDIT
Contractor shall at all times keep just and true books, records, and accounts at its facility showing the actual costs and
expenses that Contractor incurs in connection with the Work. Contractor shall permit Walmart or its duly authorized
representative to audit its books and records, and shall require all Subcontractors to permit Walmart or its duly authorized
representative to audit their books and records relating to this Contract and/or the Project. Contractor shall produce, and shall
require its Subcontractors to produce, any and all data which Walmart may request for any such purpose and shall grant
Walmart and/or it duly authorized representative the right, at all reasonable times during the term of this Contract and for two
2) years after the earlier of the completion of the Work or the termination of this Contract, to enter into Contractor's facility to
examine and audit the books, records and accounts that relate to this Contract and/or the Project. Without limitation,
Contractor shall, and shall require its Subcontractors to, keep and make available to Walmart such full and detailed accounts as
may be necessary to reflect its operations with respect to changes and extras, and the system adopted shall be such as is
satisfactory to Walmart. In regard to the foregoing and generally, Contractor hereby authorizes Walmart, and shall require all
Subcontractors to authorize Walmart, to check directly with its suppliers of labor and materials the charges for such labor,
material and other items underlying Contractor's Applications for Payment and the balances due on such charges and to obtain
sworn statements and waivers of lien from any such suppliers.
ARTICLE 5
CONTRACT TIME AND COMPLETION
5.1 COMMENCEMENT AND PERFORMANCE
5.1.1 Notwithstanding paragraph 1.1.15 or any other provision, Contractor shall not, except by written agreement
or written instruction of Walmart, commence operations on the Project site or elsewhere prior to the effective date of insurance
required by Article 7. The Contract time shall not be extended due to any delay in commencement resulting from compliance
with the immediately preceding sentence.
5.1.2 Contractor shall continuously and diligently perform, forward and prosecute the Work required by this
Contract subject only to Excused Delays as defined herein. Contractor shall efficiently coordinate the Work with any work
being performed by Walmart or any other contractor so as not to interfere with, disrupt or delay any work required to be
performed by any of said persons and, in any event, so as not to interfere with, disrupt or delay the progress required to
conform to the Substantial Completion Date.
5.1.3 In order to achieve completion of the Work by the time established in this Contract, as it may be extended
pursuant to the provisions of this Contract, Contractor agrees, without any increase in the Contract Sum or any additional
compensation of any kind, that it shall sequence and perform its Work in whatever areas of the site are available, whenever and
for whatever duration they are available, shall increase its manpower assignments or levels, whenever and for whatever
duration is required to take advantage of all Work that is capable of being performed at any particular time on the Project site
and shall not decrease its manpower assignments or levels unless there are no areas at the Project site where such personnel
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can:-be:.utilized_and_ifwsu`eh-a'ydbdtdase.is"made__ryshall iinmed'iiately=increase manpower,_to take_aduantage-lofany Work..areat:as,• -_:---zt-:
soon as it becomes available).
5.1.4 Without limiting the foregoing, Contractor agrees, without any increase in the Contract Sum or any
additional compensation of any kind, to assign more personnel, work overtime and/or weekends and take such other
appropriate measures as are necessary to overcome delays attributable to Contractor or its Subcontractors and/or other delays
that do not constitute Excused Delays. In addition, if requested by Walmart, Contractor shall revise and modify the schedule
for the Work in response to any delay, and shall prioritize the Work in such fashion as to allow Walmart to use and occupy as
much of the Project as possible for its intended purpose on or before the date for Substantial Completion originally established
in this Contract. Without limiting the foregoing, Contractor agrees that any materials to be furnished by Contractor shall be
furnished in sufficient time to enable Contractor to perform and complete its Work within the Contract Time and in accordance
with the Contract Documents, and Contractor will furnish to Walmart, upon request, proof that materials orders have been
placed in sufficient time to assure delivery in a timely manner.
5.2 SUBSTANTIAL COMPLETION
5.2.1 Timely completion of the Work is of the essence in this Contract and by execution of this Contract,
Contractor confirms that the Contract Time is a reasonable period for completion of the Work on the Project.
5.2.2 "Substantial Completion" of the entire Work is hereby defined as the last to occur of the following:
1) Contractor procures and delivers to Walmart all certificates, permits, approvals and consents with respect to
Contractor's Work required under applicable law for occupancy and use of the Project (except such
certificates, permits, approvals or consents that cannot be procured due to the fault of Walmart, in which
event this condition shall not apply to such extent);
2) the Work is properly and sufficiently complete in accordance with the Contract Documents to allow Walmart
to occupy and utilize the Project for its indicated purpose, subject only to minor punch list items that would
not, in Walmart's discretion, interfere with Walmart's intended operations; and
3) the Project site has been left in a thoroughly clean condition, all boxes, crates, etc. have been hauled off of
and away from the Project site at Contractor's expense, and Contractor has thoroughly washed and cleaned
all glass, replaced broken glass, cleaned hardware, removed paint stains, spots, smears, marks and dirt from
all surfaces, cleaned fixtures and washed tile floors and all exposed concrete so as to present clean work to
Walmart for acceptance.
5.2.3 Contractor shall be deemed to have achieved "Substantial Completion" of a oprtionoftheWorkwhich
Walmart agrees to accept separately only upon satisfaction of the requirements set forth in subparagraphs 5.2.2(2) and 5.2.2(3)
above as applicable to such portion of the Work.
5.2.4 Warranties required by the Contract Documents shall not commence until the date of Substantial Completion
of all of the Work, except and only to the extent that any discrete portion of the Work is actually used or occupied by Walmart
for its indicated purpose on an earlier date (in which case the warranties shall be deemed to have commenced on the date of
such use or occupancy with respect to that discrete portion only). The term "day" as used in the Contract Documents shall
mean calendar day unless otherwise specifically noted.
5.2.5 When Contractor considers that the Work, or a portion thereof which Walmart agrees to accept separately, is
Substantially Complete, Contractor shall so notify Walmart in writing, and Walmart and Contractor shall perform a punch -list
inspection and audit that shall consist of a per square foot assessment/measurement of the Work, and Contractor shall prepare
and submit to Walmart for Walmart's approval a comprehensive list of items to be completed or corrected. Following receipt
of Contractor's list, Walmart will conduct a review to determine whether the Work, or designated portion thereof, is
Substantially Complete. If Walmart's inspection discloses any item, whether or not included on Contractor's list, which
indicates that the Work is not Substantially Complete, Contractor shall, before Substantial Completion shall be deemed to have
been accomplished, complete or correct such item upon notification by Walmart. Contractor shall then submit to Walmart a
request for another inspection to determine whether Substantial Completion has been accomplished. When the Work, or
designated portion thereof which Walmart agrees to accept separately, is Substantially Complete, Walmart and Contractor shall
establish the date of Substantial Completion and prepare, on a form provided or otherwise acceptable to Walmart, a punch -list
of Work remaining to be completed which shall fix the time within which Contractor shall finish all such punch -list items.
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Failure to. include, an.item,on_the.pu, nch_list does not,alter t tesponsibihty of;Contractor. ;to-complete_alL.Work. in accordance
with the Contract Documents.
5.2.7 Subsequent to Substantial Completion of the Work and during Walmart's initial occupancy and use of the
Project, Contractor shall schedule and conduct with Walmart a complete review, demonstration and operational shakedown of
all equipment and mechanical and electrical systems installed by Contractor on the Project and shall also review the operation
and maintenance of such systems with Walmart's maintenance contractors. Subsequent to this review, Contractor, with
reasonable promptness and without increase in the Contract Sum, shall make all adjustments or corrections and shall balance
all systems in order to make all equipment and systems perform as required by the Contract Documents and to reflect the actual
use and occupancy of the Project by Walmart. If necessary or requested by Walmart, Contractor shall require the
Subcontractor responsible for any such equipment or system to participate in the review and/or to perform the adjustments,
corrections or balance required by this paragraph.
5.3 FINAL COMPLETION
5.3.1 As used in the Contract Documents, "Final Completion" shall mean, and "Final Payment" (constituting
payment of retainage withheld from Contractor pursuant to paragraph 1.1.13, less amounts which Walmart is permitted to
withhold pursuant to paragraph 6.3.1 or other provision of the Contract Documents) shall not be due to Contractor until after:
1) the Work, including all Change Orders, has been fully and properly completed in accordance with the
requirements hereof, including but not limited to satisfactory operation of all equipment and systems,
completion of the final audit and punch -list inspections (including a Work evaluation form if required by
Walmart) and performance of all punch -list Work;
2) this Contract has been fully performed except for Contractor's responsibility to correct nonconforming work as
part of its warranty obligations, and to satisfy other requirements, if any, which necessarily survive completion of
all Work and payment of retainage;
3) the Final Payment Application, together with all required documentation, has been submitted to and approved
by Walmart;
4) all maintenance and operations manuals and all warranties and guarantees (and assignments thereof), and all
other closeout documents and other documentation required to be submitted to Walmart pursuant to the
Contract Documents have been submitted to Walmart, in each case in a form satisfactory to Walmart as
determined in Walmart's sole discretion;
5) issuance of all required approvals and certificates by any authorities with jurisdiction over the Project
including final and unconditional certificates of occupancy and, if applicable, a final letter of acceptance for
the fire protection system from the jurisdictional authority rating and fire prevention bureau and from
Walmart's insurance carriers);
6) delivery of as -built plans and specifications to Walmart;
7) delivery of all safety documentation required by the Contract Documents completed in a manner satisfactory
to Walmart in its sole discretion;
8) Contractor delivers to Walmart a written consent of its performance and payment bond surety to the
reduction of retainage;
9) removal of all rubbish, tools, scaffolding and surplus materials from the Project site; and
10) correction of all property damage that is the responsibility of Contractor pursuant to the Contract Documents.
11) satisfaction of all closeout requirements set forth in Specifications Sections 01740 and 01770
5.3.2 In addition to the items specified in paragraph 5.3.1, the Work will not be considered Finally Complete, and
Final Payment shall not be due and owing and shall not be made, unless and until Contractor submits to Walmart the following,
along with, and as part of, its final Application for Payment: '(1) a "Subcontractor Final Unconditional Waiver," in the form
attached as Exhibit 5.3.4, signed by each Subcontractor who may be entitled to a lien against Walmart's property; (2) a
1073120.45 24
DocuSi4n Envelope ID: C1CB9604-C620-45F7-BA1D-26D33572AF91
C:ontractor_Eirial Unconditional Wa ver'' 'signed;by Confraeaor dri&in- the:fofhhattach'edaas:Exh brt--5y3 2,(3):ari..affdavit L-
that all payrolls, bills for materials and equipment, and other indebtedness connected with the Work for which Walmart or
Walmart's property might be responsible or encumbered (less amounts withheld by Walmart) have been paid or otherwise
satisfied; (4) a certificate evidencing that insurance required by the Contract Documents to remain in force after Final Payment
is currently in effect and will not be canceled or allowed to expire until at least thirty (30) days' prior written notice has been
given to Walmart; (5) a written statement that Contractor knows of no substantial reason that the insurance will not be
renewable to cover the period required by the Contract Documents; (6) written consent of the Project surety or sureties, if any,
to Final Payment; (7) as -built record drawings as defined by paragraph 3.9; (8) maintenance stock; (9) keys; (10) training/in-
service on the operation of new systems and equipment; and (11) if required by Walmart, other data establishing payment, the
satisfaction of obligations and the absence or release of liens, such as receipts, releases and waivers of liens, claims, security
interests or encumbrances arising out of this Contract, to the extent and in such form as may be designated by Walmart. If any
such lien on the Project remains unsatisfied or arises after Final Payment is made to Contractor, Contractor shall be responsible
to cause such lien to be removed of record as required by (and subject to the requirements and rights of Walmart as may be set
forth in) paragraph 6.2.9 below.
5.3.3 Upon receipt of Contractor's final Application for Payment and written notice from Contractor that the Work
is ready for final inspection and acceptance, Walmart will promptly make such inspection to determine whether the conditions
listed in this Contract as precedent to Contractor's being entitled to Final Payment have been fulfilled, and the Work is Finally
Complete as defined herein.
5.3.4 Unless otherwise agreed by Walmart in writing, neither the issuance of any progress payment or certificate
for payment nor Final Payment, nor the partial occupancy nor use of a portion of the Work shall constitute acceptance of Work
not complying with the requirements of the Contract Documents. Acceptance of Final Payment by Contractor and any
Subcontractor shall constitute a waiver of all claims by Contractor and such Subcontractor.
5.4 EXCUSED DELAYS
5.4.1 Contractor shall not be entitled to any increase in the Contract Time as a result of any delay, regardless of its
cause or nature, unless and only to the extent of any delays in the critical path of the Work that are attributable to causes
beyond the reasonable control of, and could not -have been foreseen, avoided or mitigated by reasonable efforts taken by,
Contractor or its Subcontractors. Any such delay is referred to herein as an "Excused Delay." Delay caused by strikes,
picketing, work -stoppages or similar labor -related action, shall not constitute an Excused Delay except for: (1) "wild -cat"
strikes in violation of a collective bargaining agreement to which Contractor and/or one of its Subcontractors is a party; or
2) an industry -wide strike occurring due to the expiration of, and failure to renew or extend, a multi -employer collective
bargaining agreement to which Contractor is a party. Adverse weather conditions shall not constitute an Excused Delay,
except and only to the extent that the total duration of delay in the critical path of construction caused by adverse weather
conditions exceeds the duration of delays due to adverse weather conditions reasonably anticipated throughout the entire period
during which the Work is performed.
5.4.2 In the event of an Excused Delay, Contractor shall be obligated to deliver to Walmart a Preliminary Change
Request pursuant to the terms of paragraph 4.2.1 with respect to such Excused Delay, and Contractor shall thereafter be entitled
to an increase in the Contract Time equal to the number of working days, or portions thereof, that completion of the Work
beyond the dates established in this Contract is actually delayed by such Excused Delay. Contractor shall not be entitled to an
increase in the Contract Sum as a result of an Excused Delay (or due to any acceleration or other impact to the performance of
the Work caused by any Excused Delay or any action directed by Walmart with respect to the time for performance of the
Work) except and only in the event of (and provided timely written notice is provided pursuant to the terms of paragraph 4.2.1)
a delay in the critical path of the Work caused by an act or omission of Walmart in violation of this Contract. In any such
event, Contractor's sole remedy shall be an increase in the Contract Sum equal to the actual and reasonable increased cost
caused by such delay, acceleration or other impact. Contractor's sole and exclusive rights and remedies in the event of any
delays, interferences, acceleration or other impact to the completion of the Work shall be those set forth in this paragraph, and
Contractor shall be entitled to no additional compensation and shall have no additional or other rights of any kind or nature
arising out of or under this Contract by virtue of any delays, interferences, acceleration or other impact, regardless of their
length or nature. The failure of Contractor to deliver to Walmart a Preliminary Change Request as set forth in paragraph 4.2.1
following the occurrence of an Excused Delay within the applicable time frame established by paragraph 4.2.1 shall mean that
Contractor has irrevocably waived the right to claim any increase or adjustment in the Contract Sum or Contract Time on
account of such delay, and Contractor shall perform all work required by or in connection with any occurrence or condition
giving rise to the claim without increase in the Contract Sum, an extension of the Contract Time or other compensation or
remedy of any kind.
1073120.45 25
DocuSign Envelope ID: C1CB9604-C620-45F7-BA1D-26D33572AF91
wily<be cunsidged^an Excused Delay _4gless-....:.(l) it: actually .delays: -Substaa"a1. `
Completion of the entire Work (delaysofonly certain trades will not be considered an Excused Delay unless they in turn actually
delay the Substantial Completion of the entire Work); and (2) the delay cannot be recovered by reasonable actions to mitigate
or avoid the effect of the delay. ARTICLE
6 COMPENSATION
AND PAYMENTS 6.
1 CONTRACT SUM The
Contract Sum shall be Contractor's sole compensation for all profit, home office services and supervision, overhead
and all other costs or expenses incurred in connection with the performance of the Work on the Project. The Contract Sum
will not be increased for any reason, cause or circumstance unless and only to the extent expressly permitted by this Contract.
6.
2 SCHEDULE OF VALUES AND PROGRESS PAYMENTS 6.
2.1 Within twenty-four (24) hours following execution of this Contract, Contractor shall prepare and submit to Walmart
a "Schedule of Values," which proportionately allocates the entire Contract Sum among the various portions of the Work.
If requested by Walmart, Contractor shall produce such data to substantiate the accuracy of the Schedule of Values as Walmart
may require. The Schedule of Values, unless objected to by Walmart, shall be used only as a basis for reviewing Contractor'
s Applications for Payment. 6.
2.2 Contractor's applications for payment shall be made on an electronic form designated by Walmart from time to
time (each an "Application for Payment"). If Walmart elects, in its sole discretion, and upon notice by Walmart to Contractor,
Contractor shall transmit all Applications for Payment via an electronic process as set forth in such notice. Each Application
for Payment shall be filled out completely on account of the Contract Sum and Schedule of Values and shall indicate
the percentage of completion of each portion of the Work as of the end of the period covered by the Application for Payment.
6.
2.3 When applying for payment, as a condition precedent to Contractor's entitlement to payment, Contractor shall
submit the original and one (1) copy of its Application for Payment, including the supporting continuation sheets, to Walmart'
s Contract Administrator, along with all of the following documentation, which shall constitute part of Contractor's Application
for Payment: 1)
the Daily Force and Activity Reports required by paragraph 3.8.2; 2)
a Monthly Schedule Report, complete with an updated Material Status Report and other documentation, as required
by paragraph 3.8.3; and 3)
an up-to-date Schedule of Submittals required by paragraph 3.8.5. In
addition to the above, if requested by Walmart in connection with any Application(s) for payment, as a condition precedent to
Contractor's entitlement to payment, Contractor shall submit the following documents as part of Contractor's Application for
Payment: 1)
a "Subcontractor Partial Waiver" in the form attached hereto as Exhibit 6.2.3(1) (provided that, if such form is
unenforceable under applicable law, Contractor shall use a subcontractor lien waiver form permitted by applicable
law), executed by each Subcontractor; 2)
a "Contractor Partial Waiver" in the form attached hereto as Exhibit 6.2.3(2) (provided that, if such form is unenforceable
under applicable law, Contractor shall use a contractor lien waiver form permitted by applicable law),
executed by Contractor; and/or 3)
an updated AIA Document G805-2001, listing all Subcontractors and others then employed, or proposed to be employed,
for the Project by or on behalf of Contractor. 6.
2.4 In addition, each Application for Payment shall be notarized, if required by Walmart, and supported by such additional
data substantiating Contractor's right to payment as Walmart may reasonably require, such as copies of requisitions, 1073120.
45 26
DocuSign Envelope ID: C1 CB9604-C620-45F7-BA1 D-26D33572AF91
i"nvoices_or.payriient. applcatioris fronn Subcoiitractors:arid° sliallLLrefleetall r'etairiage_}rovided for>h'ereiri V a lmari shallnot:be ::, ^:".: required to
process or make payment in response to any Application for Payment until all required supporting documentation is received by
Walmart. Notwithstanding anything contained herein to the contrary, however, should Walmart make payment to Contractor without
receiving all additional supporting documentation required by paragraph 6.2.3, 6.2.4 or otherwise (which payment Walmart
shall have no obligation to make), such payment shall in no way represent a waiver or release of Contractor from its
obligations to prepare and/or secure all such supporting documentation (including, without limitation, all required lien waivers) or
to otherwise cause the Project to be constructed free of all mechanic's and similar liens and otherwise in accordance with
the requirements of this Contract. 6.2.
5 Contractor's Applications for Payment shall not request payment of any amount otherwise owed to Contractor for
Work performed by a given Subcontractor to the extent that Contractor does not intend to pay such amount to the Subcontractor
because of a dispute or other reason. 6.2.
6 Subject to other provisions of the Contract Documents, partial payments of the Contract Sum to Contractor shall be
in amounts calculated as follows: (1) take that portion of the Contract Sum properly allocable to completed Work as determined by
multiplying the percentage of completion of each portion of the Work by the share of the Contract Sum allocated to
that portion of the Work in the Schedule of Values; (2) add that portion of the Contract Sum properly allocable to materials and
equipment delivered and suitably stored at the site for subsequent incorporation in the Work during the next sixty 60) days
or, if approved in advance and in writing by Walmart, suitably stored at an off -site location; (3) add the applicable portion of
Contractor's fee indicated on the Schedule of Values based on the overall percentage of Work completed; (4) subtract the
aggregate of previous payments made by Walmart; (5) subtract applicable retainage as provided in paragraph 1.1.
13; and (6) subtract amounts, if any, for which Walmart has withheld payment or denied the Application for Payment as provided in
this Contract. In addition, each Application for Payment shall request payment on account of changes in the work which have
been properly authorized by a Change Order, minus applicable retainage as set forth herein. 6.2.
7 Walmart and Contractor hereby acknowledge and agree that the amount of retainage contemplated hereunder constitutes a
reasonable amount of the Contract Sum. To the maximum extent permitted by applicable law, Contractor hereby waives its
rights, pursuant to statute or otherwise, to require the deposit of the retainage in a separate escrow or other account in a bank
or other entity and authorizes and directs Walmart to hold and release the retainage in accordance with the terms of the Contract. 6.
2.
8 Unless otherwise provided in the Contract Documents or as otherwise required by applicable law, payments shall be
made on account of materials and equipment delivered and suitably stored at the site for subsequent incorporation in the Work
within the next sixty (60) days. If approved in writing and in advance by Walmart, payment may similarly be made for materials
and equipment suitably stored off -site at a location agreed upon by Walmart in writing. Payment for materials and equipment
stored on- or off -site shall be conditioned upon compliance by Contractor with procedures satisfactory to Walmart to
establish Walmart's title to such materials and equipment or otherwise protect Walmart's interest, and shall include applicable insurance,
storage and transportation to the site for such materials and equipment stored off -site. Notwithstanding the foregoing,
Walmart shall not be required to make payments for materials and equipment stored on site if such equipment and material
exceeds ten percent (10%) of the value of Work in place. 6.2.
9 Contractor warrants that title to all Work covered by an Application for Payment will pass to Walmart no later than
the time of payment. In the event that any lien, claim, security interest or encumbrance is registered or otherwise recorded against
title to all or any part of the Work or the premises on which the Work is being performed, Contractor covenants to
cause the same to be removed within three (3) days of notice thereof. If Contractor receives information that a lien, claim,
security interest or encumbrance may be so registered or recorded, Contractor shall immediately resolve the issue to the
sole satisfaction of Walmart. If such lien remains unsatisfied after payments are made, Contractor shall, in addition to the foregoing obligation
to resolve the issue to the satisfaction of Walmartand Contractor's indemnity obligations hereunder, promptly refund to Walmart
upon request all costs and expenses that Walmart may reasonably incur in connection with its investigation, defense against and/
or discharge of such lien, including but not limited to, reasonable attorneys' fees. 6.2.9.
1 Neither Walmart's rights nor Contractor's indemnification or other obligations under the Contract Documents shall be
impaired or affected in any way by the failure of Walmart to provide Contractor with a copy of a notice to Walmart,
notice of lien, mechanic's lien, or other information requested by Contractor. Contractor shall require this language
in all contracts with its Subcontractors and all contracts between Subcontractors. 6.2.9.
2 If a Subcontractor refuses to famish lien waivers as required herein, then, without limiting Contractor's indemnity and other
obligations hereunder, Walmart may, in its sole and absolute discretion, choose to waive its right to withhold payment on
account of such lien following the delivery by Contractor of (1) an indemnity bond in amount, form 1073120.45 27
DocuSign Envelope ID: C1C69604-C620-45F7-13MD-26D33572AF91
r ,,n;:,;._..and-substance._satisfacto y to.Walmart iin,its ;sole.,dis_crcxion._.,f4lly,.indemnify VV-ahnart,against all claim_ s
Subcontractor; and (2) all such other information and documentation as Walmart shall require in its sole discretion.
Notwithstanding the foregoing, Walmart shall have no obligation to waive its right to require lien waivers from all
Subcontractors as a condition precedent to payment, as set forth in paragraph 6.2.3.
6.2.9.3 Acceptance of final payment by Contractor, a Subcontractor or material supplier shall constitute a
waiver of claims by that payee except those previously made in writing and identified by that payee as unsettled at the
time of final Application for Payment.
6.2.10 No payment made by Walmart shall constitute a representation that Walmart has: (1) made exhaustive or
continuous on -site inspections to check the quality or quantity of the Work; (2) reviewed construction means, methods,
techniques, sequences or procedures; (3) reviewed copies of requisitions received from Subcontractors or other data requested
by Walmart to substantiate Contractor's right to payment; or (4) made examination to ascertain how or for what purpose
Contractor has used money previously paid on account of the Contract Sum.
6.3 DENIAL OF APPLICATION FOR PAYMENT
6.3.1 Walmart may deny an Application for Payment, in whole or in part, and withhold or refuse to pay the amount
requested, to the extent reasonably necessary to compensate (including compensation for Walmart's reasonable attorneys' fees)
or protect Walmart, if in Walmart's opinion: the Work has not progressed to the point indicated in Contractor's Application for
Payment; the Work is not in accordance with the Contract Documents; or Contractor otherwise is not entitled to payment of
the amount requested. Walmart may also deny an Application for Payment, in whole or in part, and therefore withhold or
refuse to pay the amount requested, to such extent as may be necessary, in Walmart's opinion, to compensate (including
compensation for Walmart's reasonable attorneys' fees) or protect'Walmart from loss because of: (1) defective Work not
remedied; (2) any third -party lien or claim asserted or threatened; (3) failure of Contractor to make, or to ensure, proper
payment to Subcontractors or for labor, materials or equipment; (4) reasonable evidence that the Work cannot be completed for
the unpaid balance of the Contract Sum; (5) damage to Walmart or another contractor; (6) reasonable evidence that the Work
will not be completed within the Contract Time; (7) failure by Contractor to fully satisfy the requirements of this Contract
and/or carry out the Work in accordance with the Contract Documents; or (8) negligence of Contractor or any Subcontractor.
6.3.2 Without limiting the foregoing, additional grounds for denying an Application for Payment, in whole or in
part, and withholding or refusing to pay the amount requested, include, but are not limited to, Contractor's failure to provide
any and all documentation required to be delivered by it prior to the execution of this Contract as set forth in the Instructions to
Bidders issued with respect to the Project.
6.3.3 If Contractor and Walmart cannot agree on the amount due pursuant to an Application for Payment, Walmart
shall make payment of undisputed amounts which Walmart is not authorized to withhold. When the reasons for withholding
payment pursuant to paragraph 6.3.1 are removed, payment shall be made as part of the next progress payment otherwise due
to Contractor.
6.4 PAYMENTS TO SUBCONTRACTORS
6.4.1 Contractor shall promptly pay each Subcontractor not later than fourteen (14) days after receipt of payment
from Walmart, or such shorter time as may be required by applicable law, out of the amount paid to Contractor pursuant to
Contractor's Application for Payment, the full amount itemized in such Application for Payment as intended for work
performed by such Subcontractor. Contractor shall, by appropriate agreement with each Subcontractor, require payments
between Subcontractors to be made in the same manner.
6.4.2 Walmart shall have the right, but not the obligation, to issue any and/or all progress payments to Contractor
in the form of joint checks payable both to Contractor and its Subcontractors, as appropriate, or through an escrow account, and
Contractor shall sign such additional documents and take such action as Walmart shall deem necessary to carry out the intent of
this paragraph 6.4.2. In addition, Contractor hereby authorizes and consents to direct communications, at any time and in any
fashion, between Walmart and any Subcontractors on the Project. Walmart may furnish to a Subcontractor information
regarding percentages of completion or amounts applied for by Contractor and action taken thereon by Walmart on account of
portions of the Work performed by such Subcontractor.
6.4.3 Walmart shall not have an obligation to pay or ensure the payment of money to a Subcontractor except as
may otherwise be required by law.
1073120.45 28
DocuSign Envelope ID: C1CB9604-C620-45F7-BA1D-26D33572AF91
W 6:4:4_ : 'Contractor ^shalLinde`mmfq''and hold` harinlessWaliriarh and any owner —Of they real property on>whlcdi .the _° r:<_ Project
is located (if other than Walmart), and their affiliated entities, officers, directors, agents and employees, from and against
all damages, losses and expenses, including, without limitation, attorneys' fees paid or incurred in connection with the settlement
or defense of any lien, claim, demand or action by a Subcontractor retained by, through or on behalf of Contractor, provided
that Contractor shall be relieved of such obligations only to the extent that Walmart has not paid Contractor the amount
owed under this Contract, if any, on account of that portion of the Work for which the lien, claim, demand or action is asserted.
In the event any such lien should be asserted against or attach to the Project, Contractor shall, within three (3) days after
receipt of notice thereof, cause the lien to be removed of record. 6.
4.5 In the event any lien should be asserted against or attach to the Project on account of Contractor's failure to pay,
or to ensure payment of, a Subcontractor or other person with lien rights against the property, Contractor shall, in addition to
its obligations to cause such lien to be removed of record as set forth in paragraph 6.4.4, take such actions as may be requested
by Walmart such that Walmart's title insurance company will issue and deliver to Walmart and any lender for the Project,
owner's and lender's title policies insuring against such lien, or issue and deliver endorsements to existing policies insuring
against such lien to Walmart and any lender and any other person or entity that Walmart may direct. ARTICLE
7 INSURANCE
AND BONDS 7.
1 CONTRACTOR'S LIABILITY .INSURANCE Contractor
shall purchase from and maintain in a company or companies lawfully authorized to do business in the State
in which the Project is located and acceptable to Walmart such insurance as will protect Contractor from the following kinds
of claims, which may arise out of or result from Contractor's operations under this Contract and for which Contractor may
be legally liable, whether such operations be by Contractor or by a Subcontractor or by anyone directly or indirectly employed
by any of them, or by anyone for whose acts any of them may be liable: (1) claims under workers' or workmen's compensation,
disability benefits and other similar employee benefits acts which are applicable to the Work to be performed; 2)
claims for damages because of bodily injury, occupational sickness or disease, or death of Contractor's employees; 3)
claims for damages because of bodily injury, sickness or disease, or death of any person other than Contractor's employees; 4)
claims for damages insured by customary personal injury liability coverage; (5) claims for damages, other than to the Work itself,
because of injury to or destruction of tangible property, including loss of use resulting therefrom; (6) claims for damages because
of bodily injury, death of a person or property damage arising out of ownership, maintenance or use of a motor vehicle;
and (7) claims involving contractual liability insurance applicable to Contractor's obligations under paragraph 3.16. 7.
2 INSURANCE POLICY LIMITS AND COVERAGES 7.
2.1 Any self -insured retention or deductible applicable to any of the above -referenced insurance coverages shall not
exceed $25,000 without the prior written consent of Walmart. Contractor shall pay all deductibles or self -insured retentions
applicable to the insurance policy or policies that Contractor is required to provide under the Contract Documents. The
aggregate limitations of liability under the Commercial General Liability and Umbrella/Excess Liability coverages required
above shall apply exclusively to occurrences and claims relating to the instant Project. Prior to commencement of the Work,
Contractor shall furnish Walmart a copy of the "Per -Project Aggregate" endorsement acceptable to Walmart. 7.
2.2 With respect to the Umbrella/Excess Liability coverage required above, Contractor shall cause each insurance
company to provide the insurance on an umbrella/excess basis in excess of and no less broad than the liability coverages
required in this Contract, and with coverage that "drops down" for exhausted aggregate limits under liability coverages
and contractual liability coverages as required in this Contract and with an endorsement to provide new per occurrence
and aggregate limits for each location. 7.
3 OTHER TERMS 7.
3.1 All insurance shall be procured from carriers maintaining an A.M. Best Rating of "B+VII" or higher and which
are acceptable to Walmart. All coverage shall be on an occurrence basis. The coverage on all such policies required from
Contractor pursuant to this Contract shall be primary to any valid and collectible insurance carried by Walmart, and Walmart'
s policies shall be excess, secondary and noncontributing. Contractor shall require all Subcontractors to carry insurance
coverage of such types and with such minimum limits as may be necessary or appropriate in light of the Work being performed
by each such Subcontractor and as may be required by any applicable laws, statutes, rules or regulations; provided, however,
that Subcontractors must, in all cases, provide Workers' Compensation Insurance with statutory limits. Contractor shall
maintain its required insurance policies, at its sole cost and expense, in full force and effect until this Contract has been 1073120.
45 29
DocuSign Envelope ID: C1CB9604-C620-45F7-BA1D-261D33572AF91
fuay performed, and finaL.payment oLthe Contract..Sum-is made .excep.t ,for..such coverage.required_pursuant--.to; the terms of •tlle ---_i
Contract Documents to be maintained after all of the foregoing items have been completed.
7.3.2 Contractor shall require each insurance company: (1) to provide defense coverage for liability insurance
policies as an additional benefit and not within the limits of liability, (2) to issue an endorsement to all policies to provide a
waiver of subrogation in favor of Walmart, (3) to issue an endorsement to all policies, except the workers' compensation and
employer's liability insurance policies, acceptable to Walmart, to include Walmart and its subsidiaries, affiliates, officers,
directors, employees, and agents as "additional insureds." The insurance company or companies shall not exclude from
coverage allegations of the negligence, strict liability, or gross negligence, whether sole or otherwise, of the "additional
insureds," but coverage may be excluded if there has been a final judicial decision from which there is no further right to
appeal of the negligence, strict liability or gross negligence of the "additional insureds." Additionally, the insurance company
or companies shall not include any third -party beneficiary exclusion in the policies required herein.
7.3.3 Contractor shall provide to Walmart before the Work is started, and again at least thirty (30) days prior to the
expiration of a policy or policies of insurance in effect during the term of this Contract, a certificate or certificates of insurance
evidencing all required insurance in the Contract Documents which are acceptable to Walmart, and an additional certificate
evidencing continuation of coverages are required to remain in force after Final Payment shall be submitted with Contractor's
final Application for Payment. The certificates of insurance to be provided to Walmart hereunder shall (a) evidence each of the
requirements set forth in items (1) through (3) set forth above in paragraph 7.3.2, (b) show Wal-Mart Stores, Inc., its
subsidiaries and affiliates as a certificate holder and Walmart's address as 2001 S.E. loth Street, Bentonville, Arkansas 72716,
c) show the amounts of all deductibles and self -insured retentions, (d) have attached executed and signed copies of all required
endorsements to each insurance policy, (e) have any and all disclaimers deleted from the certificate to the extent that such
disclaimers conflict with the above requirements, and (f) identify the applicable store number and location. Contractor shall
retain copies of all certificates of insurance provided by Subcontractors and, if requested by Walmart, shall promptly provide
such certificates of insurance to Walmart. Upon request, Contractor shall provide to Walmart a certified copy of any and all
insurance policies and any and all insurance policy information for those policies required in this Contract.
7.3.4 Contractor releases Walmart and its subsidiaries, affiliates, officers, directors, employees, and agents from
any liability covered by the insurance for which subrogation is waived; the release applies to any liabilities, no matter how
caused, not just to insurance proceeds actually received. Contractor shall provide to Walmart at least thirty (30) days' advance
written notice of any contemplated cancellation, non -renewal, or change in insurance coverage.
7.3.5 Contractor's failure to procure and maintain the required insurance shall constitute a material breach of, and
default under, this Contract. If Contractor fails to remedy the breach within seven (7) days after notice from Walmart, Walmart
may, in addition to any other remedy available to it, at its option, purchase the insurance, at Contractor's expense, or
immediately terminate this Contract. Contractor shall indemnify and defend Walmart Indemnified Parties from and against
any Damages or other losses (including but not limited to prosecution of claims for coverage against any insurer) arising from
Contractor's failure to procure and/or maintain the insurance.
7.3.6 The foregoing requirements as to types and limits of insurance coverage to be maintained by Contractor and,
as applicable, its Subcontractors, and Walmart's approval thereof, are not intended to and shall not in any manner limit or
qualify the liabilities and obligations assumed by Contractor and its Subcontractors under this Contract.
7.3.7 Contractor shall ensure that Walmart's partial use or occupancy of the Project while the Work is being
performed is not prohibited by any policy of insurance required by this Article 7. If requested by Walmart, Contractor shall
provide written consent of its insurance company or companies to partial use and occupancy of the Project by Walmart.
7.4 PROPERTY INSURANCE
7.4.1 Unless otherwise required by Walmart, Contractor will purchase and maintain Builder's Insurance with
minimum limits in an amount that will cover full construction costs of the property as of the date the Project will be completed,
the Contract Sum, any increased costs from Change Orders, profit and overhead in amounts no less than the applicable
Walmart Supplied Costs, as defined in and specified on Exhibit 1.1.20. This coverage shall be on an all-risk policy form and
shall not exclude or contain a sub -limit of liability for the perils of fire (with extended coverage) and physical loss or damage
including, without duplication of coverage, theft, vandalism, malicious mischief, collapse, earthquake, flood, windstorm,
falsework, testing and startup, temporary buildings and debris removal, including demolition occasioned by enforcement of any
applicable legal requirements, and shall cover reasonable compensation for Architect's and Contractor's services and expenses
1073120.45 30
DocuS& Envelope ID: C1CB9604-C620-45F7-BA1D-26D33572AF91
requlred :as_ a: resilty'o sucil irisured l'oss.. Thi'sw insurance_x%shall also riclude cove'rage :for...a11 losses~^related atd"busne§s ::, .=tau.==u
interruption to Walmart in amounts no less than those specified on Exhibit 1.1.20 for Business Interruption, as applicable. This
insurance shall cover portions of the Work stored off the Site and portions of the Work in transit. If the builder's risk insurance
carried pursuant to this paragraph is subject to any deductible(s), then Contractor shall pay all costs and expenses not covered
by such insurance because of such deductible(s).
7.4.2 Walmart and Contractor agree to waive all rights against each other and against Subcontractors with respect
to any losses to the extent that such losses are paid by builder's risk property insurance purchased by Contractor pursuant to
this Article. Contractor shall require of Subcontractors, by appropriate written agreements, similar waivers each in favor of
Walmart. The builder's risk insurance policy specified in this paragraph shall also provide and contain waivers of subrogation
by endorsement or otherwise. A waiver of subrogation shall be effective as to a person or entity even though that person or
entity would otherwise have a duty of indemnification, contractual or otherwise, did not pay the insurance premium directly or
indirectly, and whether or not the person or entity has an insurable interest in the property damaged. Such insurance shall be
maintained, unless otherwise provided in the Contract Documents or otherwise agreed in writing by all persons and entities
who are beneficiaries of such insurance, until no person or entity other than Walmart has an insurable interest in the property
required by this paragraph to be covered, whichever is later.
7.4.3 If requested by Walmart, Contractor shall file with Walmart a copy of each policy that includes insurance
coverages required by paragraph 7.4.1. Such policy shall contain a provision that the policy will not be canceled or allowed to
expire until at least thirty (30) days' prior written notice has been given to Walmart.
7.4.4 A loss insured under the Builder's Risk Insurance may, if requested by Walmart, be adjusted by Walmart and
made payable to Walmart for the insureds, as their interests may appear, subject to requirements of any applicable mortgagee
clause. Contractor shall pay Subcontractors their just shares of insurance proceeds received by Contractor, and by appropriate
agreements, written where legally required for validity, Contractor shall payments between Subcontractors to be made in a
similar manner.
7.5 PERFORMANCE AND PAYMENT BONDS
7.5.1 If required under the Contract Documents, Contractor shall furnish separate performance and payment bonds
covering faithful performance of this Contract and payment of obligations arising hereunder, respectively, which bonds shall be
issued by a surety authorized to transact business in the State in which the Project is located and acceptable to Walmart. Both
bonds shall be in a penal sum equal to one hundred percent (100%) of the Contract Sum, and shall be on the forms attached as
Exhibits 7.5.1(1) and 7.5.1(2) hereto. Contractor shall require the attorney -in -fact who executes the required bonds on behalf
of the surety to affix thereto a certified and current copy of the power of attorney. Unless otherwise required by applicable law,
the duration of the surety's responsibilities and liability under the required performance and payment bonds shall be
coextensive with the duration of Contractor's responsibilities and liability to Walmart under this Contract and applicable law.
7.5.2 If State law permits the filing or recordation of a payment bond in a manner that prevents mechanic's liens
from attaching to the Project (or otherwise limits the exposure of Walmart's property and/or the Project to mechanic's liens
and/or similar liens of contractors, subcontractors, laborers and/or materialmen), Contractor shall cause the payment bond to be
procured and filed or recorded, as applicable, so as to fully avail the Project, Walmart's property and Walmart of the
protections afforded by such State law.
7.5.3 Contractor shall provide a "copy" of the bonds described herein to Walmart before commencing any of the
Work.
7.5.4 Contractor shall promptly pay to Walmart all dividends, rebates or return of payments in any form of
premiums paid for the bonds. Payment shall be made in the form of a cashier's or certified check.
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CLAIMS AND OTHER RIGHTS AND REMEDIES
8.1 RIGHTS AND REMEDIES
8.1.1 Duties and obligations imposed by the Contract Documents and rights and remedies available thereunder
including duties, obligations, rights and remedies set forth in this Article 8) shall be in addition to and not a limitation of
duties, obligations, rights and remedies otherwise imposed or available by law or otherwise set forth in the Contract Documents
including, without limitation, duties, obligations, rights and remedies set forth in paragraph 3.15 (regarding indemnification
for royalties and patents), 3.16 (regarding general indemnification), and 14.6 (regarding interest) of the Contract).
8.1.2 Failure of Walmart or Contractor at any time, or from time to time, to enforce or require strict observance
and performance of any term or condition of this Contract will not constitute a waiver of, or affect.or impair such terms or
conditions in any way, nor will such failure affect the right of Walmart to avail itself at any time of such remedies as it may
have for any breach or breaches of such terms or conditions.
8.2 CLAIMS AND DISPUTES
8.2.1 A "claim" is a demand or assertion by one of the parties seeking, as a matter of right, adjustment or
interpretation of the Contract terms or other relief with respect to the terms of the Contract Documents. The term "claim" also
includes other disputes and matters in question between Walmart and Contractor arising out of or relating to this Contract.
Claims must be made by written notice. The responsibility to substantiate claims shall rest with the party making the claim.
8.2.1.1 Notwithstanding the foregoing definition, the parties expressly acknowledge and agree that the term "claim"
as used in this paragraph 8.2 shall not apply to an assertion by the Contractor that the Contractor is entitled to additional
compensation or additional time (including without limitation as a result of its discovery of any of the items described in
paragraph 3.1.2, a claim of a Reasonably Unforeseen Condition, a claim of Excused Delay, or otherwise). The provisions of
this paragraph 8.2 shall not apply to any assertion by Contractor that it is entitled to additional compensation or additional time
for any reason whatsoever. In the event that Contractor believes that it is entitled to additional compensation or additional time
for any reason whatsoever, Contractor must follow the procedures set forth in paragraph 4.2. Failure by Contractor to follow
the procedures set forth in paragraph 4.2 in the event Contractor believes it is entitled to additional compensation or additional
time for any reason shall mean that Contractor has waived the right to request such an increase or extension and shall be
obligated to perform all work required by or in connection with any occurrence or condition giving rise to the assertion without
increase in the Contract Sum, an extension of the Contract Time or other compensation or remedy of any kind.
8.2.2 Any claim by Contractor must be made within seven (7) days after occurrence of the event giving rise to such
claim or within seven (7) days after Contractor first recognizes the condition giving rise to the claim, whichever is later.
Contractor shall provide Walmart with all particulars of the claim including all supporting documentation within thirty (30)
days after the notice of claim is delivered unless Walmart agrees in writing to an extension of time. Failure to submit all
particulars of the claim, including all supporting documentation, within the time provided shall absolve Walmart of all
obligations therefor. Any additional claim made after the initial claim is submitted to Walmart and which is based upon or
arises out of the same event as the initial claim will not be considered and is deemed waived.
8.2.3 Notwithstanding any other provision of this Contract, the failure of Contractor to provide Walmart with
written notice of any claim within the applicable time frame established by paragraph 8.2.2 above shall mean that Contractor
has waived such. Contractor's sole and complete remedy with respect to any successful claim (including, but not limited to,
claims based on changes to the Work or delay, impact or acceleration) shall be the actual increased cost of labor and material,
if any, incurred by Contractor as a result of the occurrence or condition giving rise to the claim.
8.2.4 Contractor shall carry on the Work and adhere to the Project Schedule during all disputes or disagreements
with Walmart including, but not limited to, any disputes or claims by Contractor that Walmart has materially breached or
defaulted under this Contract. No Work shall be delayed or postponed pending resolution of any disputes or disagreements.
Contractor expressly agrees that Walmart has no adequate remedy at law in the event that Contractor stops Work, and that
Walmart may obtain an injunction in a court of competent jurisdiction enforcing this provision requiring Contractor to continue
to perform under this Contract pending resolution of any dispute or disagreement.
8.2.5 If either party to this Contract suffers injury or damage to person or property because of an act or omission of
the other party, or of any of the other party's employees or agents, or of others for whose acts such party is legally liable,
written notice of such injury or damage, whether or not insured, shall be given to the other party within a reasonable time after
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s_s fheoccurrence giving rise°towtliesnlury or damage whi'c'hformsTtheybass of the elaim::Fhe=notice shall=provide_sufieient<d`etail _
to enable the other party to investigate the claim.
8.3 DISPUTE RESOLUTION
8.3.1 Any claim that is not resolved by negotiation between the parties shall be subject to non -binding mediation as
a condition precedent to the institution of legal proceedings by either party. The parties shall share the mediator's fee and any
filing fees equally, and the mediation shall be held in the State in which the project is located. Any claim that is not resolved
by mediation shall be decided pursuant to the procedures set forth in this paragraph 8.3.
8.3.2 Any claim that is not resolved by mediation as aforesaid that satisfies either of the following conditions shall
be decided by resort to binding arbitration in the State in which the Project is located: (a) the claim involves an amount in
dispute in excess of Two Million and No/100 Dollars ($2,000,000.00) and/or (b) the claim involves three (3) or more parties,
each of whom have agreed to resolve disputes by resort to binding arbitration. Notwithstanding the foregoing, if Walmart or
Contractor seek to assert a legal defense to a claim asserted against it based on the expiration of the statute of limitations or the
statute or repose or upon the theory of laches, then such claim shall be submitted to a court of competent jurisdiction in
accordance with the requirements of paragraph 8.3.3 below separate from any arbitration proceeding. Binding arbitration.
required hereunder shall be subject to the remaining terms of this paragraph 8.3.2.
8.3.2.1 The arbitration shall be conducted on a confidential basis in accordance with the Construction Industry
Arbitration Rules of the American Arbitration Association then in effect, and such arbitration shall be conducted by three (3)
arbitrators selected pursuant to American Arbitration Association rules. At least two of the arbitrators shall be attorneys.
8.3.2.2 Either Walmart or Contractor shall be permitted to include in the arbitration proceeding, by consolidation or
joinder or otherwise, any parties substantially involved in a common question of fact or law, and Contractor hereby agrees to
include in its subcontracts and purchase orders entered into in connection with the Project provisions identical to those
contained in this paragraph to allow (and require) such parties to be so joined to such arbitration. The foregoing agreement to
arbitrate shall be specifically enforceable under applicable law in any court having jurisdiction thereof.
8.3.2.3 The award rendered by the arbitrator or arbitrators shall be final, and judgment may.be entered upon it in
accordance with applicable law in any court having jurisdiction thereof.
8.3.3 Any claim that does not satisfy the conditions for resolution by resort to binding arbitration as set forth in
paragraph 8.3.2 above shall be decided by resort to litigation in any court of competent jurisdiction in the State in which the
Project is located, and the following terms shall apply: (1) the parties mutually consent to submit to the jurisdiction of the
federal and/or state courts of the State in which the Project is located; (2) the parties shall bring any action or suit concerning
the Contract Documents or related matters only in such federal or state courts; and (3) the parties shall not raise, and hereby
waive, any defenses based on venue, inconvenience of forum, or lack of personal jurisdiction in any action or suit brought in
accordance with this paragraph.
8.3.4 The parties expressly acknowledge and agree that Contractor's sole and complete remedy with respect to any
successful claim made pursuant to this paragraph 8.3 (including, but not limited to, claims based on changes to the Work or
delay, impact or acceleration) shall be the actual increased cost of labor and material, if any, incurred by Contractor as a result
of the occurrence or condition giving rise to the claim, calculated pursuant to the terms of Exhibit 4.1 (as supplemented by the
terms of paragraph 4.1.3.1).
8.3.5 The parties acknowledge that they have read and understand this clause and agree voluntarily to its terms.
Contractor shall include in all subcontracts and purchase orders, provisions identical to those contained in this paragraph.
8.4 TERMINATION
8.4.1 Walmart may terminate this Contract without cause upon seven (7) days' written notice to Contractor. In.the
event Walmart terminates this Contract without cause, Contractor shall be entitled to compensation only for the Work
performed by Contractor and accepted by Walmart, pursuant to the provisions of and subject to the limitations set forth in this
Contract, up to and including the date of termination, earned pursuant to the terms of this Contract as of the date of termination,
all as determined by the stage of completion achieved by Contractor (overall and in each category of the Work, as applicable)
as of the date of termination. Walmart agrees that acceptance of such Work shall not be unreasonably withheld. Further, in the
event Walmart so terminates this Contract, Walmart agrees to pay for services, materials and supplies ordered by Contractor
prior to the date of termination, for use in connection with the Project, and necessary for the reasonable discharge of
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tr;,Contractor.'.s _responsibilities _under, this. Contract, or,,.if appl.able,.,cancellation charges for such. services materials ail MF
supplies, to the extent such services, materials and supplies cannot be discontinued by Contractor without cost or penalty upon
notice of termination. In addition to the foregoing, if Contractor is so terminated, Walmart shall pay Contractor the reasonable
value (based on purchase or rental as applicable) of any equipment retained by Walmart and the reasonable costs of clean-up,
removal of debris and removal of equipment, trailers and machinery used at the site of the Project incurred as a result of the
termination. Walmart will not be responsible, however, to reimburse Contractor for any continuing contractual commitments
to Subcontractors or penalties or damages for canceling such contractual commitments, and no compensation shall be allowed
to Contractor or its Subcontractors for anticipated profit, unperformed services or intangibles. Any compensation due under
this paragraph shall be payable to Contractor thirty (30) days after such termination.
8.4.2 Walmart may terminate this Contract, in whole or in part, "for cause," upon seven (7) days' written notice to
Contractor, upon the occurrence of any of the following events (each of which shall constitute a material breach by
Contractor): (1) if Contractor shall fail to complete within the time specified in the Contract Documents the whole or any
portion of the Work; (2) if, in the opinion of Walmart, Contractor is not making sufficient progress with the Work as to assure
completion of all or any portion thereof within the time specified for completion thereof, (3) if, in the opinion of Walmart,
Contractor fails to perform the Work in accordance with the Contract Documents; (4) if Contractor shall fail to comply in a full
and timely manner with any provision of the Contract Documents; and/or (5) if any other event identified in the Contract
Documents as grounds for termination by Walmart occurs. The termination by Walmart for cause pursuant to this paragraph
8.4.2 will not be effective unless Contractor has failed to cure the cited condition within seven (7) days after receipt of
Walmart's written notice of intent to terminate. All references in the Contract to any right of Walmart to terminate the
Contract shall be deemed to permit Walmart to terminate the Contract completely or partially, in its sole discretion.
8.4.3 In addition to, and without limiting the rights of Walmart set forth in paragraph 8.4.2 above, Walmart may
immediately terminate this Contract, in whole or in part, by delivering written notice of termination to Contractor upon the
occurrence of any of the following events (each of which shall constitute a material breach by Contractor): (1) if Contractor
fails to strictly comply with any of the Compliance Requirements; (2) if Contractor otherwise violates any applicable federal,
state or local laws, rules, regulations, statutes, codes, orders or ordinances; or (3) if Contractor shall be unable to pay its debts
as they mature, shall be insolvent or shall make any assignment for the benefit of creditors or if any bankruptcy petition is filed
by, on behalf of or against Contractor. All references in the Contract to any right of Walmart to terminate the Contract shall be
deemed to permit Walmart to terminate the Contract completely or partially, in its sole discretion.
8.4.4 In the event Walmart terminates this Contract pursuant to paragraph 8.4.2 or 8.4.3 above, Contractor shall be
liable to Walmart for all costs and damages incurred by Walmart as a result of Contractor's acts, omissions, fault, negligence,
errors or breach of contract (including attorneys' fees and court costs, the costs of completing Contractor's performance of the
Work as required by the Contract Documents, and the cost of any additional services required of Architect as a result of
Contractor's fault or breach). After all such damages have been paid, Contractor shall be entitled to the amount, if any,
remaining due to Contractor (after deducting such damages) for any Work performed by Contractor up to and including the
date of such termination. If such costs exceed the unpaid balance due to Contractor, Contractor shall be liable to Walmart for
the difference. Additionally, in the event of any termination of this Contract by Walmart, Walmart may, at its option and
without further notice to Contractor (unless necessarily required pursuant to applicable law) and in addition to any other rights
and remedies that may be available under the Contract Documents, at law or in equity:
1) Either through its own employees or through any contractor of its choice, complete the portion of the Work
terminated or remedy such defect of material or workmanship at Contractor's expense, and, except to the
extent otherwise required pursuant to applicable law, Walmart may use or permit any such contractor to use
all materials and equipment of Contractor on the site on the date of giving such notice. Contractor shall,
within ten (10) days from receipt of an invoice therefor, reimburse Walmart for any and all costs incurred in
correcting such defects or completing such portion of the Work that was terminated; and
2) Take possession of the Project site and, to the maximum extent permitted by applicable law, all materials,
equipment, tools and construction equipment and machinery thereon owned by Contractor.
8.4.5 Contractor shall remove from the Project site portions of the Work which are not in accordance with the
requirements of the Contract Documents and are neither corrected by Contractor nor accepted by Walmart.
8.4.6 Contractor's sole remedy for any termination of this Contract shall be the compensation allowed in
paragraphs 8.4.1 and 8.4.3 above, as applicable. Any termination by Walmart for cause that is later determined to be
unjustified and any termination of this Contract by Contractor pursuant to paragraph 8.4.7 below shall be treated as a
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ter.min'ation-without cause pursuantto-this paragraph. -In either such -event, Contractor<<s_remediesY,for,such terminatiori-shall.lbes.w .._ ,.
limited to those set forth in paragraph 8.4.1 above.
8.4.7 This Contract may be terminated by Contractor only if all of the following conditions are satisfied:
1) Walmart fails to make payment to Contractor, within thirty (30) days after such payment is due, for Work performed by
Contractor and accepted by Walmart, pursuant to Article 9; (2) Contractor has delivered to Walmart written notice of such
failure and Contractor's commitment to terminate the Contract if payment is not made within thirty (30) days after the date of
such notice; and (3) Walmart fails to make such payment to Contractor within the thirty (30) day period following receipt of
such written notice from Contractor. Contractor's sole and exclusive rights in the event of such termination shall be those set
forth in paragraph 8.4.1, and Contractor shall be entitled to no additional compensation and shall have no additional or other
rights of any kind, type or nature arising out of or under this Contract by virtue of such termination or suspension.
8.4.8 Payment by Walmart to Contractor of any monies pursuant to this Article. 8 shall not constitute a waiver of
any remedies which Walmart may otherwise have against Contractor for any failure of Contractor to perform in accordance
with this Contract.
8.5 SUSPENSION OF THE WORK
8.5.1 Walmart, with or without cause, and in its sole and absolute discretion, may order Contractor at any time, to
stop or suspend the Work upon written notice, signed by Walmart or by an agent specifically so empowered by Walmart in
writing, given to Contractor. The right of Walmart to stop or suspend the Work shall not give rise to any duty on the part of
Walmart to exercise this right for the benefit of Contractor or any other person or entity.
8.5.2 To the extent Walmart suspends the Work without cause, an adjustment shall be made for increases in the
cost of performance of this Contract, including profit on the increased cost of performance, caused by suspension, delay or
interruption ordered by Walmart which lasts more than thirty (30) consecutive days. However, and without limiting the
foregoing, no adjustment shall be made to the extent: (1) that performance is, was or would have been so suspended, delayed
or interrupted by another cause for which Contractor is responsible; or (2) that an equitable adjustment is made or denied under
another provision of this Contract.
8.6 UNCOVERING OF WORK
8.6.1 If a portion of the Work is covered contrary to Architect's or Walmart's request or to requirements
specifically expressed in the Contract Documents, it must, if required in writing by Architect or Walmart, be uncovered for
Architect's or Walmart's observation and be replaced at Contractor's expense without change in the Contract Time or Contract
Sum.
8.6.2 If any other portion of the Work has been covered which Walmart or Architect has not specifically requested
to observe prior to being covered, Walmart or Architect may request to see such Work and it shall be uncovered by Contractor.
If such Work is found in accordance with the Contract Documents, the cost of uncovering and replacement shall, by
appropriate Change Order, be charged to Walmart. If such Work is found not in accordance with the Contract Documents,
Contractor shall pay such cost, unless it is found that this condition was caused by Walmart or a Separate Contractor, in which
event Walmart shall be responsible for the payment of such cost.
8.7 CORRECTION OF WORK
8.7.1 In addition to, and without limiting, Contractor's obligations under paragraphs 3.4.1 through 3.4.4 above,
Contractor shall promptly repair, replace or correct, as appropriate, all Work discovered within one (1) year after the date of
Substantial Completion of the Work by Architect, Walmart's Consultants or Walmart to be defective or failing to conform to
the Contract Documents, whether observed before or after Substantial Completion or Final Completion and whether or not
fabricated, installed or completed. Contractor shall bear all costs of repairing, replacing or correcting such Work, including
compensation for Architect's additional services made necessary thereby.
8.7.2 Contractor shall remove from the site portions of the Work which are not in accordance with the
requirements of the Contract Documents that are neither corrected by Contractor nor accepted by Walmart.
8.7.3 If Contractor fails to repair, replace or correct defective. or nonconforming Work to Walmart's satisfaction
within ten (10) days after receiving notice thereof, Walmart may, without limiting any other rights available to Walmart, do so
or contract with a third party to do so (or a combination of both), and Contractor shall promptly reimburse Walmart for all fees,
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c:oS.ts an_d,expens_es incurr--ed_by-Walmart as -.a -result thereof._. If Contractor,.does not..proceed with.such.correction .repair or--,4„.:
replacement of defective or nonconforming Work within the aforesaid time, Walmart may, without limiting any other rights
available to Walmart, remove it and store any salvageable materials or equipment at Contractor's expense. If Contractor does
not pay costs of such removal and storage within ten (10) days after written notice, Walmart may upon ten (10) additional
days' written notice, sell such materials and equipment at auction or at private sale and shall account for the proceeds thereof,
after deducting costs and damages that should have been borne by Contractor, including compensation for Architect's services
and expenses made necessary thereby. If such proceeds of sale do not cover costs which Contractor should have borne, the
Contract Sum shall be reduced by the deficiency. If payments then or thereafter due Contractor are not sufficient to cover such
amount, Contractor shall pay the difference to Walmart. Nothing stated herein shall limit rights or remedies otherwise
available to Walmart.
8.7.4 Contractor shall bear the cost of correcting destroyed or damaged construction, whether completed or
partially completed, of Walmart or Separate Contractors caused by Contractor's correction or removal of Work which is not in
accordance with the requirements of the Contract Documents.
8.7.5 During any correction period, Contractor shall return for replacement of both Contractor -furnished and/or
Walmart-furnished defective or nonconforming parts under warranty by the manufacturer. Contractor shall record unit model
arid serial numbers and forward to Walmart.
8.7.5 All work performed by Contractor or any Subcontractor to correct, repair or replace any defective or
nonconforming Work shall be expressly subject to all of the terms and conditions of the Contract Documents bearing in any
way on the performance of Work, including, without limitation, the Compliance Requirements, paragraph 3.16 and Article 7.
8.7.6 Nothing contained in this paragraph 8.7 shall be construed to establish a period of limitation with respect to
other obligations which Contractor has under the Contract Documents. Establishment of the one (1) year period for correction
of Work as described in paragraph 8.7.1 relates only to the specific obligation of Contractor to correct the Work, and has no
relationship to the time within which the obligation to comply with the Contract Documents may be sought to be enforced, nor
to the time within which proceedings may be commenced to establish Contractor's liability with respect to Contractor's
obligations other than specifically to correct the Work.
8.8 ACCEPTANCE OF NONCONFORMING WORK
If Walmart prefers at any time to accept Work which is not in accordance with the requirements of the Contract
Documents, Walmart may do so instead of requiring its removal and correction, in which case the Contract Sum will be
reduced by an amount acceptable to Walmart. Such adjustment shall be effected whether or not final payment has been made.
ARTICLE 9
MISCELLANEOUS PROVISIONS
9.1 ENTIRE AGREEMENT; GOVERNING LAW; VENUE
This Contract represents the entire and integrated agreement between the parties hereto and supersedes all prior
negotiations, representations, bids and agreements either written or oral. Without limiting Walmart's authority to require
compliance with Change Orders, this Contract may be amended or modified only by a written instrument executed by Walmart
and Contractor. The Contract Documents shall be construed, governed, and enforced under the laws of the State in which the
Project is located, without regard to the internal law of such State regarding conflicts of law.
9.2 SUCCESSORS AND ASSIGNS
9.2.1 Walmart and Contractor respectively bind themselves, their partners, successors and assigns to the other
party hereto and to the partners, successors and assigns to such other party in respect to the covenants, agreements and
obligations contained herein. Neither party to this Contract shall assign this Contract, in whole or in part, without the written
consent of the other party, except that Walmart may conditionally assign this Contract to any lender to Walmart or the Project
i.e., contingent on Walmart's default under the applicable loan documents) and may assign this Contract to any parent,
subsidiary or affiliate of Walmart or any successor in interest to Walmart by virtue of a merger or acquisition involving
Walmart. Contractor hereby agrees to execute any and all documents which may be reasonably requested by any construction
or permanent lender, including the assignment of this Contract, in whole or in part, and Contractor shall be bound thereby. If
either party attempts to make such an assignment without such consent, that party shall nevertheless remain legally responsible
for all of its obligations under this Contract.
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9.:2.2:_ Notw thstalid rig`°ang-`"of °the^other p"r6Visi6ns4ofrsth s 'Contract; Walmai ..may sell %ts interest inuthe-lSrid,d
which the Project is located, and subject to Contractor's approval of the purchaser, which said approval shall not be
unreasonably withheld, Contractor will accept the purchaser as Walmart under this Contract and will release .the original
Walmart from any and all liability to Contractor under this Contract provided that Walmart demonstrates to the reasonable
satisfaction of Contractor that such purchaser's net worth and credit -worthiness are comparable to or better than Walmart's.
9.3 WRITTEN NOTICE
All notices and other communications to Contractor required or permitted under this Contract shall be in writing
delivered by hand, commercial courier, or certified mail, return receipt requested, to Contractor's Superintendent at the
physical addresses included in paragraph 1.1.7. All notices and other communications to Walmart required or permitted under
this Contract shall be in writing delivered by hand, commercial courier, or certified mail, return receipt requested, to Walmart's
Construction Manager and Walmart Contract Administrator at the physical addresses included in paragraph 1.1.4, with a copy
to:
Wal-Mart Stores, Inc.
2001 S.E. loth St.
Bentonville, Arkansas 72716-0550
Attn: Legal Department
Notice shall be deemed given upon delivery by hand, upon delivery to commercial courier for next business day delivery
properly addressed and prepaid, or upon placing the notice in the U.S. mail properly addressed and with sufficient postage for
certified mail, return receipt requested.
9.4 TESTS AND INSPECTIONS
9.4.1 Tests, inspections and approvals of portions of the Work required by the Contract Documents or by laws,
ordinances, rules, regulations or orders of public authorities having jurisdiction shall be made at an appropriate time. Unless
otherwise provided, Contractor shall make arrangements for such tests, inspections and approvals with an independent testing
laboratory or entity acceptable to Walmart, or with the appropriate public authority, and Walmart shall be responsible for the
fees owed to the testing laboratory or entity in connection with such tests, inspections and approvals. However,
notwithstanding the foregoing, in the event any additional testing, inspections or approvals are required or are reasonably
deemed appropriate by Walmart as a result of any defective or non -conforming Work performed by or through Contractor, then
Contractor shall bear all costs in any way associated with such additional testing, inspections or approvals, including, without
limitation, all fees owed to the testing laboratory or entity. Contractor shall give Architect and Walmart timely notice of when
and where tests and inspections are to be made so Architect, Walmart's Consultants and/or Walmart may observe such
procedures.
9.4.2 If Architect, Walmart's Consultants, Walmart or public authorities having jurisdiction determine that
portions of the Work require additional testing, inspection or approval not included under paragraph 9.4.1, Walmart will
instruct Contractor to make arrangements for such additional testing, inspection or approval by an entity acceptable to
Walmart, and Contractor shall give timely notice to Walmart of when and where tests and inspections are to be made so
Architect, Walmart's Consultants and/or Walmart may observe such procedures. Walmart shall bear such costs except if such
procedures for testing, inspection or approval reveal failure of the portions of the Work to comply With requirements
established by the Contract Documents, in which case Contractor shall bear all costs made necessary by such failure.
9.4.3 Inspection or testing relating to the Project but not required by the terms of paragraph 9.4.1 or 9.4.2 that is
otherwise performed by or through Walmart or any of Walmart's Consultants shall be solely for Walmart's benefit, and, except
to the extent required by law, (1) Walmart assumes no obligation or duty to Contractor to perform such inspections or tests or
to share with or disclose to Contractor the results of any such inspections or tests, (2) Walmart shall have no liability to
Contractor whatsoever in connection with (x) the results of such inspections or tests; (y) Walmart's decision to perform or not
to perform such inspections or tests, or (z) Walmart's decision to disclose or not to disclose the results of any such inspections
or test; and (3) should Walmart choose, in its sole and absolute disdretion, to share the results of such inspections or tests with
Contractor, or should Contractor otherwise learn the results of such inspections or tests, Contractor shall have no right to rely
upon such results, and any reliance by Contractor on such results shall be at Contractor's sole and absolute risk and
Contractor's obligations hereunder shall in no way be relieved, reduced or diminished.
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Monies not paid when due as required by this Contract shall not bear interest until thirty (30) days after the date when
due. Thereafter, said monies shall accrue interest at one (1) point above the prime rate as published by The Wall Street Journal
as of the date when such amounts first accrue interest hereunder.
9.6 TREATMENT OF PROPRIETARY INFORMATION
9.6.1 As used herein, the term "Proprietary Information" shall mean any and all information which Contractor
acquires from Walmart and its affiliates, subsidiaries, employees, suppliers and customers (collectively, the "Walmart
Protected Parties"), or arises out of the Work on the Project and concerns the present and future plans of Walmart and any
Walmart Protected Parties, or pertains to the operations of Walmart's or a Walmart Protected Party's business, or otherwise
pertains to the Project in any way.
9.6.2 Contractor shall hold confidential and shall not use or disclose, and will cause its employees, officers,
directors, managers, partners, affiliates and other representatives (collectively, the "Representatives") to hold confidential and
not use or disclose, all Proprietary Information, and shall only disclose the Proprietary Information to such of its
Representatives with a "need to know" such information. At any time upon the request of Walmart, and in any event upon the
earlier of the completion of the Work or the termination of this Contract, Contractor shall return to Walmart all such
Proprietary Information, including, without limitation, all written and electronic copies thereof, all storage devices on which
any Proprietary Information is stored, and all other materials containing or incorporating any Proprietary Information,
including any and all excerpts, parts, portions, transcriptions, copies, facsimiles and reproductions of any Proprietary
Information.
9.6.3 In connection with performing the Work, Contractor may have access to material non-public information
about Walmart or its affiliates, subsidiaries, suppliers, customers or employees. Contractor acknowledges and agrees that
federal and state securities laws prohibit Contractor or its Representatives from trading in Walmart's securities while in the
possession of material non-public information regarding Walmart. Contractor further acknowledges and agrees that
information obtained while performing the Work may constitute material non-public information. Contractor irrevocably
agrees that neither it nor any of its officers or directors shall trade any Walmart .securities during any period in which
Contractor possesses material non-public information.
9.7 EARLY OCCUPANCY
9.7.1 Walmart shall have the right to occupy or use ahead of schedule all or any substantially completed or
partially completed portion of the Work when such occupancy and use are in its best interest, notwithstanding the time of
completion for all of the Work.
9.7.2 After Walmart has taken occupancy of all or any substantially completed portion of the Work under
construction, Contractor shall not disrupt Walmart's use and occupancy thereof to make corrections in or to complete the Work
but shall, at Walmart's discretion, make such corrections and perform such completion at such times and in such fashion so as
to avoid interference with, or interruption of, Walmart's use and occupancy of such portion of the Work.
9.7.3 Walmart may require the use and operation of any completed heating, ventilating or air-conditioning
equipment at the time that it occupies or uses any substantially completed portion of the Work under construction. In such
event, Walmart may require Contractor to operate such equipment and will pay Contractor the cost of such operation required
for Walmart's use and occupancy, but Contractor shall be responsible for such equipment and for its careful and proper
operation. At any time, Walmart may itself assume the care and maintenance of any portion of the Project which it is
occupying and using and/or the operation of any such equipment, but in each case, Contractor shall not be relieved of its
responsibility for the full completion of the Work and the protection of its tools, materials and equipment, except that the
warranty period for any such equipment for which Walmart assumes care and maintenance shall be deemed to commence at the
time Walmart assumes such care and maintenance.
9.8 NON-EXCLUSIVE AND INDEPENDENT CONTRACTOR
9.8.1 Contractor shall perform the Work for Walmart on a non-exclusive basis. Walmart retains the right to
contract with others in the business of providing construction work as Walmart determines from time to time and may assign
work to others at the Project as it determines necessary. Walmart makes no projections about the quantity of work which may
be assigned to Contractor, and Contractor may not rely in any way on any past or perceived projections or expectations of
1073120.45 38
DocuSign Envelope ID: C1CB9604-C620-45F7-BA1D-26D33572AF91
wo`r'k. _Walmart:` shall'not`ha-ve ariy esponsibrlity`or liability iri corinecti6n with dhy'aet_bLekpenditure including expenditures.l : y
for equipment, materials, supplies, hiring, or capital, by Contractor because of any actual or perceived projections or
expectations as to work.
9.8.2 Walmart and Contractor enter into this Contract and the Contract Documents as independent contractors and
at arms' length. Neither Walmart nor Contractor has the right, and shall not seek, to exercise any control over the other party,
its employees, or its agents. Contractor shall control the methodology for performing the Work to meet Walmart's
specifications. Each party shall be solely responsible for hiring, firing, promoting, demoting, rates of pay, benefits, and other
terms and conditions in regard to its own employees. Neither Contractor nor any of its employees or agents may be considered
Walmart's agents or employees for any purpose and have no authority to act or purport to act on Walmart's behalf. Neither
Contractor nor its employees or agents are entitled to receive any benefits, including, but not limited to, salary, vacation pay,
sick leave, retirement benefits, social security, workers' compensation, health, disability, unemployment, and stock options,
that Walmart may provide to its employees.
9.9 GENERAL
9.9.1 Capitalized terms used but not defined in this Contract but which are defined in the Contract Documents shalt
have the meanings designated in those other Contract Documents.
9.9.2 The Contract Documents, including all Exhibits to this Contract, constitute the full understanding of the
parties, a complete allocation of risks between them, and a complete and exclusive statement of the terms and conditions of
their agreement. All prior agreements, negotiations, dealings, and understandings, whether written or oral, regarding the
subject matter of the Contract Documents, are superseded by, and merged into, the Contract Documents. Each of the Exhibits
to this Contract is expressly incorporated herein by reference and is as fully a part of this Contract as if completely set out
herein.
9.9.3 Nothing in the Contract Documents is intended, or shall be deemed, to confer any rights upon any person
who is not a party to this Contract, except for the Walmart Indemnified Parties as defined herein.
9.9.4 Nothing in the Contract Documents creates any relationship of trust or fiduciary relationship between,
Walmart and Contractor. The Contract Documents do not create any obligation or relationship such as a partnership, joint
venture or other similar legal relationship. Any correspondence or other reference to "partners" or other similar terms will not
be deemed to alter, amend or ,change the independent contractor relationship between the parties unless there is a formal
written agreement specifically detailing the rights, liabilities, and obligations of the parties as to a new, specifically defined
legal relationship.
9.9.5 This Contract may be executed in one or more counterparts, all of which shall be deemed one and the same
agreement. Any counterpart delivered by, or on behalf of, either party hereto by fax transmission or other electronic delivery
of an image file reflecting the execution thereof: (1) may be relied on by the other party as if the document were a manually
signed original, and (2) will be binding on the signing party.
9.9.6 Article, section and paragraph headings are for convenience only and may not be construed as part of the
Contract Documents or as a limitation on the scope of the particular sections.
9.9.7 If either party fails to give notice or enforce any right under the Contract Documents, the failure shall not
constitute a waiver of the right, unless the parties reduce the waiver to writing and the waiving party signs the writing. If a
party waives its right in writing, the waiver shall not constitute a waiver of any other right or of a subsequent violation of the
same right. The rights and remedies of Walmart hereunder are cumulative to, and not exclusive of, any rights or remedies
which Walmart would otherwise have in law or at equity.
9.9.8 If any term, covenant or condition of the Contract Documents or the application thereof to any person or
circumstance shall, to any extent, be invalid or unenforceable, the remainder of the Contract Documents, or the application of
such term, covenant or condition to persons or circumstances other than those as to which it is held invalid or unenforceable,
shall not be affected thereby, and each and every remaining term, covenant or condition of the Contract Documents shall be
valid and enforced to the fullest extent permitted by law.
9.9.9 Walmart has no obligation to provide any minimum amount of business to Contractor, and no person has
authority to make any representations or promises of business to Contractor on Walmart's behalf or about Walmart's intentions
or expectations of renewing or extending this Contract or providing any present or future business to Contractor. If Contractor
1073120.45 39
DocuSign Envelope ID: C1 CB9604-C620-45F7-BA1 D-26D33572AF91
expenditures: investments,- or commitments -in reliance:.on anypresent _or futurebusiness-from»Walmart.under tl.
Contract Documents or otherwise, Contractor does so at Contractor's own risk and without any obligation whatsoever from
Walmart.
9.9.10 Contractor shall not refer to Walmart or any company affiliated with Walmart in any advertising or published
communication without the prior written approval of Walmart, which approval may be withheld in Walmart's sole discretion.
Contractor shall not use, or allow to be used, Walmart's name, logo, trademarks, service marks, patents, copyrights or trade
dress without the prior written approval of Walmart, which approval may be withheld in Walmart's sole discretion.
9.9.11 Contractor represents that it currently follows, and shall for so long as it is performing any Work under the
Contract Documents continue to follow, industry best practices as a means to prevent any compromise of its information
systems, computer networks, or data files ("Systems") by unauthorized users, viruses, or malicious computer programs which
could in turn be propagated via computer networks, email, magnetic media or other means to Walmart. In the event
Contractor's systems are breached or compromised in any way, Contractor shall give Walmart immediate notice of the nature
and scope of the breach or compromise. Contractor shall apply appropriate internal information security practices, including,
but not limited to, using appropriate firewall and anti -virus software; maintaining said countermeasures, operating systems, and
other applications with up-to-date virus definitions and security patches; installing and operating security mechanisms in the
manner in which they were intended sufficient to ensure Walmart will not be impacted nor its operations disrupted; and
permitting only authorized users access to Walmart Systems. Contractor shall use up-to-date anti -virus tools to remove known
viruses and malware from any email message or data transmitted to Walmart; prevent the transmission of attacks on Walmart
via the network connections with Walmart and prevent unauthorized access to Walmart Systems via Contractor's networks and
access codes. In accordance with all applicable law and regulations, Contractor shall safeguard confidential, protected,
individually identifiable personal information (health, financial, identity) which is received, transmitted, managed, processed,
etc.
9.9.12 In the event of any action or proceeding brought by either party against the other under the Contract
Documents, the prevailing party will be entitled to recover all costs and expenses, including court costs and ,reasonable
attorneys' fees.
9.9.13 The default or breach by Contractor of (or the occurrence of an event which, with the passage of time or the
giving of notice or either of them would constitute a default or breach by Contractor of) any term, condition, or obligation set
forth in another contract or agreement with Walmart, or any subsidiary, division or affiliate of Walmart (collectively, the
Other Contracts"), which term, condition or obligation is similar to any of the terms, conditions or obligations constitution a
part of the Compliance Requirements, or that otherwise relate to environmental, immigration or employee -safety issues (such
provisions are collectively referred to herein as the "Cross Default Provisions") shall constitute and be deemed a breach of
such similar Cross Default Provision(s) of this Contract. The default or breach by Contractor of (or,the occurrence of an event
which, with the passage of time or the giving of notice or either of them would constitute a default or breach by Contractor of)
any Cross Default Provision set forth in this Contract shall constitute and be deemed a breach of such similar Cross Default
Provision(s) set forth in the Other Contracts. In the event of any breach of any Cross Default Provision, Walmart shall have the
right to pursue such remedies with respect thereto as are provided for herein or in the Other Contracts, as applicable, or at law
or in equity, concurrently, cumulatively or successively against Contractor.
9.9.14 Notwithstanding any provision in this Contract to the contrary, Walmart does not assume responsibility for the
control of the construction personnel of Contractor or any Subcontractors, for assuring compliance by Contractor or any
Subcontractors with the obligations set forth herein, or for implementation and enforcement of such obligations, all of which
shall remain solely and exclusively the responsibility of Contractor, and Walmart shall not be deemed to be a joint employer of
any employees of Contractor or any Subcontractors by virtue of any of the terms and conditions hereof.
9.9.15 Contractor and Walmart waive all claims against each other for consequential damages arising out of or
relating to this Contract. This mutual waiver includes (1) damages incurred by Walmart for rental expenses, for losses of use,
income, profit, financing, business and reputation, and for loss of management or employee productivity or of the services of
such persons, and (2) damages incurred by Contractor for principal office expenses including the compensation of personnel
stationed there, for losses of financing, business and reputation, and for loss of profit except anticipated profit arising directly
from the Work. This mutual waiver is applicable, without limitation, to all consequential ,damages due to either party's
termination of the Contract pursuant to the provisions of the Contract Documents. Notwithstanding the foregoing, this
paragraph shall not be deemed to preclude or limit Contractor's responsibility or liability for: (a) liquidated damages, when
applicable, under the Contract Documents; (b) property damage, bodily or personal injury, illness or death; or (c) any Damages
resulting from a violation by Contractor or any Subcontractor of any of the Compliance Requirements.
1073120.45 40
DocuSM,jn Envelope ID: C1CB9604-C620-45F7-BA1D-26D33572AF91
9;9.1.6. •-Contractor hereby warrants aiid representsrthat it is a duly licensed contractor finder theslaws:of theLS:tate.=in. 1 . `._
which the Project is located.
9.9.17 The terms of this Contract shall be construed and applied without regard to any presumption or rule of law
requiring construction against the drafting party.
SIGNATURES APPEAR ON FOLLOWING PAGE]
1073120.45 41
DocuSign Envelope ID: C1CB9604-C620-45F7-BA1D-26D33572AF91
r>-IN VVITI`IESSyWHEREOF,-the-undersigned:have_executed this,Contract.as.of>the.E€fec.tive Date first-snoted:above.._.:_,___ :_
WALMART: CONTRACTOR:
Wal-Mart Stores, Inc. PETTUS PLUMBING & PIPING INC
DBA: PETTUS PLUMBING & PIPING, INC
DocuSigned by::.hDocuSigned by:
By: gp7rAP446 By: F
Name: Barry Kitterman November 3, 2017 Name: Tony Robe rtsorNovember 3, 2017
Title: Sr. Director of mechanical construction Title: Authorized Contract Signer
1073120.45 42
Store #:
Address:
City, St. Zip:
BCH Project #
Permit Fees:
Permit Includes:
Permit #:
Contact:
Address:
City, St. Zip:
Hours:
Phone:
Fax:
Email:
2017 Permit Pick -Up Information Sheet
0857
3653 S Orlando Dr
Project Type: CapX_HVAC
Sanford, FL 32773
19394 Permit Coor./Firm: BLZ
TBD
TBD
TBD
Joy Deen - Plans Examiner
300 N Park Ave
Sanford FL 32771
M-Thu - 8-5
407-688-5000
joy.deen@sanflordfl.gov
How long is the approval / permit good for before it is picked up?
How long is the permit valid after it is picked up?
When is the first inspection due after the permit is picked up?
180 d
Final
Contractor Requirements
GC: Subcontractors:
Licensed with City X Yes No Licensed with City X Yes No
Licensed with State X Yes No Licensed with State X Yes No
Bonded X Yes No Bonded X Yes No
Show Workers Comp X Yes No Show Workers Comp X Yes No
Registration # X Yes No Registration # X Yes No
Copy of Insurance X Yes No Copy of Insurance X Yes NoHNoOtherYesNoOtherYes
Notes: No plan review required -just mech permit.
Approved or Stamped Approved Plans required on Site?
Method for GC to obtain Approved or Stamp Approved Site Copy of Plans:
BCH will send plans to Store Planning to forward to GC
Approved / Stamped Plans will be send direct to GC
GC must pick-up Approved / Stamped Plans
Reviewing Office requiring plans on site:
Address (If GC plan pick-up required):
N/A
Notes: No plan review required -just mech permit.
Yes X No
Yes No
Yes No
Yes No
DocuSign Envelope ID: C1CB9604-C620-45F7-BA1D-26D33572AF91
CONSTRUCTION CONTRACT BETWEEN WALMART AND CONTRACTOR
This Construction Contract Between Walmart and Contractor (this "Contract") is made and entered into by and
between the entities identified below as Walmart and Contractor, as of the Effective Date identified below.
ARTICLE 1
GENERAL PROVISIONS
1.1 PROJECT SPECIFIC TERMS
1.1.1 EFFECTIVE DATE:
1.1.2 PROJECT:
October 20, 2017
857-603-SUP-Cap Ex Sustainability-FL-SANFORD
Store # 857
Sequence # 603
Site/Address # QOVD
Purchase Order # 34474929
Permit Purchase Order # 34474288
General Reimb. Purchase Order # 34474289
Audit Purchase Order # 34474321
SAP Project Definition # USMV-021473
1.1.3 WALMART: Wal-Mart Stores, Inc.
1.1.4 WALMART'S CONTRACT ADMINISTRATOR: Nelson Butler
1.1.5 CONTRACTOR:
Physical Address: Realty Contracts Administration
Attention: Contracts Admin
Department: 8974
2001 SE 10`h Street
Bentonville, AR 72716-5570
PETTUS PLUMBING & PIPING INC
DBA: PETTUS PLUMBING & PIPING, INC
Vendor # 1000127899
Contractor represents that it is a CORPORATION duly organized, validly existing and in
good standing, under the laws of the State of AL and that, to the extent required by
applicable law, Contractor has qualified as a foreign business eligible to conduct business in
the State where the Project is located and under the laws of all other jurisdictions where the
nature of its business or the nature or location of its assets requires such qualification.
1.1.6 CONTRACTOR'S SUPERINTENDENT(S):
1.1.7 MECHANICAL ENGINEER:
1073120.45 1
Danny Jones
BENCHMARK GROUP
DocuSign Envelope ID: C1CB9604-C620-45F7-BA1D-26D33572AF91
1.1.8 CONTRACT DOCUMENTS: The Contract Documents consist of (1) this Contract (including all
Exhibits hereto); (2) the "Addenda" listed in Exhibit 1.1.8 hereto;. (3) the "Specifications" listed in Exhibit 1.1.8 hereto;
4) the "Drawings" listed in Exhibit 1.1.8 hereto; (5) any other documents listed in Exhibit 1.1.8 hereto; and (6) all
Modifications issued after execution of this Contract. A "Modification" is: (a) a written amendment to this Contract signed by
both parties; (b) a Change Order; or (c) a minor change in the Work required by Walmart pursuant to paragraph 4.2.5 below.
1.1.9 SPECIAL CONDITIONS: Contractor shall comply with Exhibit 1.1.9 hereto, entitled Special Conditions.
1.1.10 WORK: Contractor shall provide, and as used in the Contract Documents the term "Work" shall include,
all labor, supervision, materials, fixtures, special facilities, water, heat, utilities (whether temporary or permanent),
transportation, built-ins, equipment, tools, supplies, taxes, occupancy permits and related inspections, and other property and
services necessary and/or appropriate to timely and properly produce all work required by, or reasonably inferable from, the
Contract Documents, including all property and services necessary to produce completed construction that is fully connected,
operable and ready for its intended use.
1.1.11 CONTRACT SUM: Walmart shall pay Contractor for the complete and proper performance of Contractor's.
obligations under this Contract, including completion of all Work required hereby, the amount of $66,200.00 (the "Contract
Sum").
1.1.12 PROGRESS PAYMENTS: The period covered by each Application for Payment shall be one calendar
month beginning on the first day, and ending on the last day, of each calendar month or such shorter time as may be required
by applicable law (each a "Payment Period"). Contractor shall submit an Application for Payment within 10 days after the
end of each Payment Period during which Work is performed unless applicable law requires Walmart to provide Contractor
with a longer period of time following each Payment Period to submit an Application for Payment, in which case such longer
period of time shall apply. Except as otherwise provided herein, Walmart shall make progress payments to Contractor within
21 days after receipt of each timely and proper Application for Payment or such shorter time as may be required by applicable
law.
1.1.13 RETAINAGE: Retainage equal to 0 percent (%) of all amounts requested for payment by Contractor may
be held by Walmart until all Work on the Project is Finally Complete, except to the extent the foregoing conflicts with any
limitations or requirements imposed by applicable law, in which case the applicable retainage amounts shall be deemed to be
the maximum amounts otherwise allowable or required under applicable law, and such amounts shall be returned as and when
otherwise required by such laws.
1.1.14 ALTERNATES AND UNIT PRICES: The Work to be performed by Contractor includes, and the Contract
Sum includes complete compensation for, the alternates identified on Exhibit 1.1.14 hereto, as such alternates are described
elsewhere in the Contract Documents. Also identified on Exhibit 1.1.14 are Unit Prices that apply to changes in the Work if
specifically so directed in a written Change Order signed by Walmart.
1.1.15 COMMENCEMENT OF WORK AND RELATED DELIVERABLES: On or before November 27,
2017 , (the "Date of Commencement"), Contractor shall cause all insurance required by Article 7 to be effective and shall
commence performance of the Work. Notwithstanding any contrary provision, as a condition precedent to Walmart's
obligation to make any payment to Contractor under this Contract, Contractor shall deliver to Walmart each of the following
items on or before the dates specified below:
Remit by email, scan and send, to the Contract Administrator within 48 hours of award of Contract:
Certificate(s) of insurance, including general liabilities, automobile liabilities, workers' compensation and builders
risk, in accordance with the Contract Documents, naming Walmart as additional insured with the store number and
location mentioned
Performance and Payment Bonds (Bonds must be on Walmart form)
Remit by email to the Contract Administrator within two (2) business days of receipt of Contract:
Electronic Contract Acceptance
1073120.45
2017•Permit Pick -Up Information Sheet
Store #: 0857 Project Type: CapX_HVAC
Address: 3653 S Orlando Dr
City, St. Zip: Sanford, FL 32773
BCH Project # 19394 Permit Coor./Firm: BLZ
Permit Fees: TBD
Permit Includes: TBD
Permit #: TBD
Contact: Joy Deen - Plans Examiner
Address: 300 N Park Ave
City, St. Zip: Sanford FL 32771
Hours: M-Thu - 8-5
Phone: 407-688-5000
Fax:
Email: joy.deen@sanflordfl.gov
How long is the approval / permit good for before it is picked up?
How long is the permit valid after it is picked up?
When is the first inspection due after the permit is picked up?
180 days
Final
Contractor Requirements
GC: Subcontractors:
Licensed with City X Yes No Licensed with City X Yes No
Licensed with State X Yes No Licensed with State X Yes No
Bonded X Yes No Bonded X Yes No
Show Workers Comp X Yes No Show Workers Comp X Yes No
Registration # X Yes No Registration # X Yes No
Copy of Insurance X Yes No Copy of Insurance X Yes NoHOtherYesNoOtherYesNo
Notes: No plan review required -just mech permit.
Approved or Stamped Approved Plans required on Site?
Method for GC to obtain Approved or Stamp Approved Site Copy of Plans:
BCH will send plans to Store Planning to forward to GC
Approved / Stamped Plans will be send direct to GC
GC must pick-up Approved / Stamped Plans
Reviewing Office requiring plans on site:
Address (If GC plan pick-up required):
NIA
Notes: No plan review required -just mech permit.
Yes X No
Yes No
Yes No
Yes No
HOME OFFICE
P.O. BOX 1048
12647 HWY 72
ROGERSVILLE, AL 35652
256)389-8181 FAX(256)389-8182
To Whom It May Concern:
ett"s
www.pettushvac.com
BRANCH
P.O. BOX 298
COUNCE, TN 38326
PHONE / FAX (731)689-5838
I, Tony Robertson, issue the following Letter of Authorization for listed company personnel to conduct
business for Pettus Plumbing and Piping, Inc. on my behalf for a period of 60 days from my dated signature.
Christopher R Austin Katrina G Day Rickie W Johnson Brian M Robertson
Christopher J Joiner Randy J Farmer Bradley Jones Jason A Sager
Howard R Bates Jeffrey A Fielder Danny D Jones Edwin C Schmidt
James H Bonds Jesse L Fisher Jr. Scott L Kelly Bradley L Shelton
Tiffany L Baskins Richard B Hannah Kenneth A Lard Terry L Stooksberry
David A Butler Scotty G Hill Gary W Mann Johnny W. Waldrop
David F Caperton Roger L Inman Thomas E Nichols III Walter C Wentzlaff IV
Deric A Creasy Grover P Johnson Thomas S Northington
This Letter of Authorization includes, but is not limited to, signing and executing all necessary documents to
register state license, obtain business occupational and/or privilege license, obtain plan reviews and/or
permits, request all inspections and anything else required to start and/or complete any project located in
the jurisdiction of the City of Sanford Florida for the location of:
Wal-Mart #857 located at 3653 South Orlando Drive
1/-7 /%
Date
State of Alabama
County of Lauderdale
Signed and Sealed before me on this day of
My Commission Expires on: 11/71
Notary: LicietlAsiCUSE
Notary Public, Alabama State at-ADV
My ComfMOM Wreo March 11, 2019
HOME OFFICE ` BRANCH
l+ t+ P.O. BOX 1048 ' P.O. BOX 298
12647 HWY 72 COUNCE, TN 38326Pu;rtit. ri.t , 1'i s taM f.rr:+c,.
ROGERSVILLE, AL 35652 PHONE / FAX (731)689-5838
256)389-8181 FAX (256)389-8182 www.pettushvac.com
To Whom It May Concern:
I, Grover Johnson, issue the following Letter of Authorization for listed company personnel to conduct
business for Pettus Plumbing and Piping, Inc. on my behalf for a period of 60 days from my dated signature.
Christopher R Austin Katrina G Day Bradley Jones Tony Robertson
Christopher J Joiner Randy J Farmer Danny D Jones Jason A Sager
Howard R Bates Jeffrey A Fielder Scott L Kelly Edwin C Schmidt
James H Bonds Jesse L Fisher Jr. Kenneth A Lard Bradley L Shelton
Tiffany L Baskins
David A Butler
David F Caperton
Deric A Creasy
Richard B Hannah
Scotty G Hill
Roger L Inman
Rickie W Johnson
Gary W Mann
Thomas E Nichols III
Thomas S Northington
Brian M Robertson
Terry L Stooksberry
Johnny W. Waldrop
Walter C Wentzlaff IV
This Letter of Authorization includes, but is not limited to, signing and executing all necessary documents to
register state license, obtain business occupational and/or privilege license, obtain plan reviews and/or
permits, request all inspections and anything else required to start and/or complete any project located in the
jurisdiction of the City of Sanford Florida for the location of:
Wal-Mart #857 located at 3653 South Orlando Drive
Grover Johnson, Se etary
Pettus Plumbing & Piping, Inc.
State of Alabama
County of Lauderdale
Signed and Sealed before me on this
u
Notary: Lici W
at Lev- mastgte a
fl
It
Date
If, Tt pey 6.01IWI 11
My Commission Expires on:
INSPECTION SEQUENCE
BP# 17-3284
ADDRESS: 3653 South Orlando Drive
GASPERMIT21
Min Max Inspection Description
Gas Underground Piping
10 Gas Rough -In
1000 Gas Final
Medical Gas Rough -In
Medical Gas Final
Min I Max I Inspection Des
Hood System Rough
Hood System Insulation
Light/Water Test Ck Welds
Hood Svstem Final
PROOFING
Min Max Inspection Descri tion
Roof Dry -In
Final Roof
REVISED: June 2014
i
THIS IN. , JTWPREPARED BY: Name:
Address
NOTICE
OF COMMENCEMENT Permit
Number: Parcel
ID Number: SEI'
1II%1OL.E COUNTY i'
LE::['K OF' C:;:EZC:I 11' COURT -. C:ONPTROLI_.E"F: CLERK'
S p 2017111341 RHORDE
1IT'
CORD EG t E J Ki118F5 t The
undersigned hereby gives notice that improvement will be made to certain real property, and in accordance with Chapter 713, Florida Statutes, the following
information is provided in this Notice of Commencement. 1.
DESCRIPTION OF PROPERTY: (Legal description of the property and street address if available) 2.
GENERAL DESCRIPTION OF IMP 9
3.
OWNER INFORMATION OR LESSEE INFORMATION IF THE LESSEE CONYRACTED FOR THE IMPROVEMENT: Name
and address:_t n,o,,4 S604 Lp 'Z061 SC_ (O'jk S-f. bg^-lor+%A% AR 7tit Interest in
property: l7t4-,ar Fee Simple
Title Holder (if other than owner listed above) Name: 4 A Address:j/%
4. CONTRACTOR:
Name: Pe46 P1.-,t;L,,1 3;-G Phone Number: WCZS-6) 3 R'i — A/ SY Address: J260 )
41, .72 W R t s.l Pr L 3sKsz 5. SURETY (
If applicable, a copy of the payment bond is attached): Name: 604 Address:A
Amount of Bond: AA 6. LENDER:
Name: Phone Phone Number: Address ,,Vh
7. Persons
within the State of Florida Designated by Owner upon whom notice or other documents may be served as provided by Section 713.13(
1)(a)7., Florida Statutes. Name: 40
Phone Number: 11A Address: ZIA
8. In
addition, Owner designates of-YA to receive
a copy of the Lienor's Notice as provided in Section 713.13(1)(b), Florida Statutes. Phone number: AO 9. Expiration
Date of Notice of Commencement (The expiration is 1 year from date of recording unless a different date is specified) a4 - 23, 201 R WARNING TO
OWNER: ANY PAYMENTS MADE BY THE OWNER AFTER THE EXPIRATION OF THE NOTICE OF COMMENCEMENT ARE CONSIDERED IMPROPER
PAYMENTS UNDER CHAPTER 713, PART I, SECTION 713.13, FLORIDA STATUTES, AND CAN RESULT IN YOUR PAYING TWICE
FOR IMPROVEMENTS TO YOUR PROPERTY. A NOTICE OF COMMENCEMENT MUST BE RECORDED AND POSTED ON THE JOB SITE
BEFORE THE FIRST INSPECTION. IF YOU INTEND TO OBTAIN FINANCING, CONSULT WITH YOUR LENDER OR AN ATTORNEY BEFORE COMMENCING
WORK OR RECORDING YOUR NOTICE OF COMMENCEMENT. o.._ o,
t i aci- .. 1 JrC a,._.L Sys Y1 s. A1-'[.-S` Signature of
Owner Lessee, Owner's or Lessee's Print Na and Provide Signatory's Title/O'ffic o Authorized Officer/
r/ Director/Pa er/Manager) State of
W S C``.--, County of IJ{' t L The foregoing
instrument was acknowledged before me this l _. r ck day of
L of V Zp by _ l
ie S CE t b Lr d Who is personally known to mex OR Name of
person making statement who has
produced identification type of identification produced: TERESL ITHNOTARYBLICBenton
r unrkansasMy
Commisn res4/6/2027Commissiour 12700654
EXHIBIT A
LEGAL DESCRIPTION
WAL-MART #0857
3653 SOUTH ORLANDO DRIVE
SANFORD, FL 32773
PARCEL: 11-20-30-5QU-0000-0010
OWNER: WALMART STORES EAST LP MS-0555 STORE #857
SUBDIVISION NAME: SEMINOLE CENTRE
LEGAL DESCRIPTION: LOT 1 SEMINOLE CENTRE PB 62 PGS 39 & 40
INSPECTION SEQUENCE
BP# 17-3284
ADDRF,SS: 3653 South Orlando Drive
BUILDING PERMIT
Min Max Inspection Description
Footer / Setback
Stemwall
Slab / Mono Slab
Lintel / Tie Beam / Fill / Down Cell
Sheathing — Walls
Sheathing — Roof
Roof Dry In
Frame
Insulation Rough
Firewall Screw Pattern
Drywall / Sheetrock
Lath Inspection
Building Ceiling Air Barrier
Insulation Roof (Com'l)
Building Ceiling Grid
Final Roof
Final Stucco / Siding
Final Insulation
Final Firewall
Final Door
Final Window
Final Utility Building
Final Screen Structure
Final Pool Screen Enclosure
Pre -Demo
Final Demo
Final Single Family Residence
Final Commercial —
Final Commercial — Addition / Alteration
Final Commercial --Change of Use
Final Building (Other)
Min Max Inspection Description
Electric Underground
Footer / Slab Steel Bond
Electric Ceiling Rough
Electric Wall Rough
10 Electric Rough
Pre -Power Final
Temporary Pole11000ElectricFinal
0 , PLC ING P IT, ,
Min Max Inspection Description
Rough Plumb
Plumbing Underground
Plumbing 2nd Rough
Plumbing Tubset
Plumbing Sewer
Plumbing Grease Trap Rough
Plumbing Steam / Chill Water Rough
Plumbing Final
Min Max Inspection Description
10 Mechanical Rough
Mechanical Fire Damper Framing
Mechanical Ceiling Rough
Mechanical Fire Damper Annular Space
Mechanical Insulation Wrap
Mechanical Fire Damper Angle
Light / Water Test Ck Welds
Mechanical Grease Duct Wrap
1000 Mechanical, Final
REVISED: June 2014
C €`Y OF
SANFORD Building & Fire Prevention Division
HVAC (NEW AND CHANGEOUT)
PERMIT GUIDELINES
All permit application packages must be complete prior to acceptance. You must check each box to the
left or indicate n/a on this submittal. A complete application package shall include the following:
I/ Building Permit Application completed, signed and notarized. Application must include correct address
and complete parcel I.D. number.
Copy of a contract, signed by the contractor and the property owner, indicating the documented
construction value
9/ Copy of applicable contractor's license issued by the State of Florida (if the contractor is the
applicant).
A site specific notarized power of attorney shall be required from the licensed contractor if
he/she appoints an employee of his/her company to sign the permit application as the contractor.
Y Certificate of insurance indicating worker's compensation insurance coverage and naming the City of
Sanford as certificate holder, or a copy of a worker's compensation exemption issued by the State of
Florida (must be submitted with each application if contractor is the applicant).
Owner Builder Statement / Affidavit (if the owner is the applicant).
Must be signed in person at the Building Department)
One (1) copy of equipment sizing calculations — for new construction installations:
o Residential - ACCA Manual J-2003 or other approved heating and cooling calculation
methodology.
o Commercial - ACCA Manual N-2005 or other approved heating and cooling calculation
methodology.
Addition or alteration of duct work, including new construction installations, requires two (2) copies of a
floor plan (duct layout) showing the location of the ducts, the size of the ducts and the register sizes.
This will require a plan review
These guidelines were compiled to assist the applicant in preparing a HVAC change out permit application and
may not be complete. The applicant is required to meet all City of Sanford, state, and federal code requirements.
Effective: August 1, 2017
CITY OF
Buzlding &Fire Prevention Division'
PERMIT APPLICATI N
riF_ DEPARTMENT' T" '
A p O JApplicationNo:
Documented Construction Value: S
3653 S ORLANDO DR SANFORD, FL 32773JobAddress: Historic District: Yes[] No
v T.
P11-20-30-5QU-0000-0010 arcelID: Residential Commercial Type
of Work: New Addition[]Alteration[]Repair Demo Change of Use Move Description
of Work: ROOF Plan
Review Contact Person: a I'
Title: /
i
Phone.
ax: w 813-249-2610 Email: earl C P Pan —/ `l 'L(3m, g Pro
a Owner Information Name P
rtY
WALMART STORES
EAST LP Phone: 479-204-1558 Street: PO
BOX 8050 City, State
Zip: BENTONVILLE, AR 72716 Name CP
Rankin, Inc. Resident of
property? : no Contractor Information
Street: 4517
George Road Suite 210 Phone: 813-
249-2101 U UU Fax: 813-
249-2610 City, State
Zip: Tampa, FL 33634 State License No.: CCC1329314 Architect/Engineer
Information Name: N/
A Street: City,
St,
Zip: Bonding Company:
N/A Address: Phone:
Fax:
E-
mail:
Mortgage Lender:
N/A Address: WARNING
TO
OWNER: YOUR FAILURE TO RECORD A NOTICE OF COMMENCEMENT MAY RESULT IN YOUR PAYING TWICE
FOR IMPROVEMENTS TO YOUR PROPERTY. A NOTICE OF COMMENCEMENT MUST BE RECORDED AND
POSTED ON THE JOB SITE BEFORE THE FIRST INSPECTION. IF YOU INTEND TO OBTAIN FINANCING, CONSULT
WITH YOUR LENDER OR AN ATTORNEY BEFORE RECORDING YOUR NOTICE OF COMMENCEMENT. Application
is
hereby made to obtain a permit to do the work and installations as indicated. I certify that no work or installation has commenced prior
to the issuance of a pen -nit and that all work will be perforated to meet standards of all laws regulating construction in this
jurisdiction. 1 understand that a separate permit must be secured for electrical work, plumbing, signs, wells, pools, furnaces, boilers,
heaters, tanks, and air conditioners, etc FBC 105.
3 Shall be inscribed with the date of application and the code in effect as of that date: 6n' Edition (2017) Florida Building Code Rcriscd: January
1, 2015 Permit Application
l
NOTICE: In addition to the requirements of this permit, there may be additional restrictions applicable to this property that may be
found in the public records of this county, and there may be additional permits required from other governmental entities such as water
j
management districts, state agencies, or federal agencies.
s
Acceptance of permit is verification that 1 will notify the owner of the property of the requirements of Florida Lien Law, FS 713.
The City of Sanford requires payment of a plan review fee at the time of permit submittal. A copy of the executed contract is required
in order to calculate a plan review charge and will be considered the estimated construction value of the job at the time of submittal.
The actual construction value will be figured based on the current ICC Valuation Table in effect at the time the permit is issued, in
accordance with local ordinance. Should calculated charges figured off the executed contract exceed the actual construction value.
A credit will be applied to your permit fees when the permit is issued.
OWNER'S AFFIDAVIT: I certify that all of the foregoing information is accurate and that all work will
U be done in compliance with all applicable laws regulating construction and zoning.
y—Z 8
Si=nature of nner/Agen Date Contractor/Agent Date4;
5 L.J. rJ
Print Otvner/Agent's Name
Signature o Nma yStutc of Flo
ABEGAIL L KELLY
MY COMMISSION t 1239 MI
q ORRES: October 16, 20M
t•• wasNfto n C Mly
Owner/Agent is Personally Known to Me or
ProducedIDType of ID a
GC (
I— -3V1X 11 Print
Cont •tor/Agcni s Name r
ignature of Noto"ElVof Florida Date li`
r" Braoke bard 3k %
Commission 4 66099299 I*
res: August 10, 2021 Aaron
Nolaq Contractorgent
isPersonally Known to Me or Produced ID Type
of ID BELOW IS FOR
OFFICE USE ONLY Permits Required: Building
Electrical Mechanical Plumbing[] Gas[] Roof Construction Type: Occupancy
Use: Flood Zone: Total Sq Ft
of Bldg: Min. Occupancy Load: # of Stories: New Construction: Electric - #
of Amps Plumbing - # of Fixtures Fire Sprinkler Permit:
Yes No # of Heads APPROVALS: ZONING: UTILITIES
ENGINEERING: FIRE: COMMENTS:
Fire Alarm
Permit:
Yes No WASTE WATER: BUILDING:
Revised; January
1,
201S Permit Application
AV
R KIND Iwc.
ROC- MANAGEMENT & CONTRACTING
t May 10, 2018
City of Sanford
300 N Park Ave
Sanford, FL 32771
To whom it may concern,
Headquarters:
4359 County line Road
Chalfont, PA 18914
Phone • 215.997.9025
Fax a 215.997.9026
Please be advised that Bill Earl a d Scott Wilson are authorized agents of
Craig Rankin license # 29314 and CP Rankin, Inc.
Z
y,
ankin
President
Acknowledged before me this _LI day off, 201?
CWWuw" OF PENNSYLYI A
NOTARIAL SEAL
JESSICA MONEY
NOWY Pdit
n0YI ESTOWN TWP, BUCKS COUNTY
My Commissim EWW@1 JON 2. !01!
a 1.1 1 A S- 'A%
tt
Signs ure
iC CGi 1f1G
Printed Name
EKCELLENCE- -COMMITMENT"
1"
DEPENDABILITY"'
rpocuSign Envelop6 ID: 9737C098-D3F8-49E8-A485-7072E54518BB
11
t
f
Vendor Name: CP RANKIN INC Primary Contact: JUSTIN BROWN
DBA Name: CP RANKIN INC Email: JBROWN@CPRANKIN.COM
WMT Vendor #: Phone Nbr: 215-997-9025
SAP Vendor #: Insurance Claim #:
Exhibit A
To Master Services Agreement
SCOPE OF WORK FOR ROOFING RECOVER PROGRAM
This Scope of Work (the "Scope of Work") is made this 20th day of April 2018 by and between Wal-Mart Stores, Inc. ("Walmart"), a Delaware
corporation, with its principal place of business at 702 S.W. 8th Street, Bentonville, AR 72716, and CP RANKIN INC ("Contractor").
Walmart and Contractor entered into that certain Master Services Agreement CW520235 dated 01/30/2015 ("Agreement") and now desire to
add services as described below, subject to the terms and conditions of the Agreement, to which this Scope of Work attaches and incorporates
into upon full execution of this Scope of Work by Walmart and Contractor. All capitalized terms used in this Scope of Work shall have the
meanings set forth in the Agreement unless otherwise specifically stated in this Scope of Work. In the event of a conflict, the terms of the
Agreement shall govern and control.
Walmart and Contractor agree as follows:
1. Term: Subject to the terms of the Agreement, the term of this Scope of Work shall commence on the date of the last signature below (the
Effective Date") and be in effect until all awarded projects are completed, unless sooner terminated as hereinafter provided. It is
expressly understood by Contractor that this Scope of Work may be terminated by Walmart (in whole or in part) at anytime upon fifteen
15) days written notice to Contractor. In the event of such termination, Contractor shall immediately stop all work hereunder and shall
immediately cause any of its Contractors or subcontractors (if any) to cease such work. Contractor shall not be paid for any work done
after the termination date.
2. Pricing: Individual purchase orders will be issued by Walmart's Home Office Facilities Management for each individual Location (as
defined in section 4 below) awarded to the Contractor (as determined in Walmart's sole discretion). The purchase orders will be issued
in the amount equal to the RFP Award submitted by the Contractor during the Ariba Bid Event, as more particularly set forth in the table
below. Contractor shall not start services at a particular Location until it has received a written purchase order from Walmart to
proceed, and a pre -construction meeting has been initiated.
STATUS LOCATION'# CITY STATE CONTRACTOR CONSULTANT' I 06
CONTRACTAMOUNT
AWARD 857 SANFORD FL CP RANKIN REEVES CONSULTING 859
HOLD 5278 CHICOPEE MA CP RANKIN REEVES CONSULTING 362,650.00
WVI Initials
a. Volume discounts offered by Contractor through the Ariba Bid Event will be applied to each individual project Location at
the time of project completion and will apply to the initial RFP Award pricing plus any additional amounts as a result of
change orders approved in writing by Walmart for a particular Location. Contractor submitted the following volume
discounts as part of the Ariba bid event:
PROJECTS AWARDED 1-4 °. 5-9 30-19. 20-49 50 +
VOLUME DISCOUNT 0% 0% 0`0 0% 0%
b. Unit cost provided by Contractor during the Ariba Bid Event for additional upfront repairs that may be required at a
particular Location shall apply to all change orders submitted during the duration of a project. Contractor submitted the
follow unit cost during Ariba Bid Event.
WET INS. REPLACE (1-5,000 SF) 3.75
WET INS. REPLACE (5,000+SF) 3.25
DECKING PRIME (1-1000 SF)* 2.00
DECKING PRIME (1000+SF)* 1.75
DECKING REPLACE 5.25
GUTTER REPLACE (1-100 LF) 34.60
GUTTER REPLACE (300+LF) 34.60
GUTTER PAINTING 10.15
DOWNSPOUT REPLACE (1-100 LF) 24.45
DOWNSPOUT REPLACE (100+ LF) 24.45
DOWNSPOUT PAINTING 8.00
SKYLIGHT REPLACE (QTY 1-10) 1,405.00
Contractor Initials
DocuSign Envelope ID: 9737C098-D3F8-49E8-A485-7072E54518BB
Vendor Name: CP RANKIN INC
DBA Name: CP RANKIN INC
WMT Vendor #:
SAP Vendor #:
Primary Contact: JUSTIN BROWN
Email: JBROWN@CPRANKIN.COM
Phone Nbr: 215-997-9025
Insurance Claim #:
SKYLIGHT REPLACE (CITY 11-20) 1,405.00
SKYLIGHT REPLACE (QTY 21+) 1,405.00
SKYLIGHT FALL PROTECTION* 910.00
SMOKE HATCH REPLACE (QTY 1-10) 2,940.00
SMOKE HATCH REPLACE (QTY 11-20) 2,940.00
SMOKE HATCH REPLACE (QTY 21+) 2,940.00
SMOKE HATCH FALL PROTECTION* 910.00
COPING REPLACE (1-500 LF) 18.50
COPING REPLACE (500+ LF) 17.50
COPING PAINTING 10.50
ES-1 METAL REPLACE (1-500 LF) 9.50
ES-1 METAL REPLACE (500+ LF) 8.50
ES-1 METAL PAINTING 3.40
ACCESS HATCH REPLACE* 1,900.00
WOOD NAILER REPLACE 3.50
CRICKETS (1-25)* 18.25
CRICKETS(25+)* 18.25
SADDLE / HALF -SADDLE* 3.50
DESCALE & PAINT GAS LINES 2.35
Invoices and Payment: Individual purchase orders will be issued for each individual location. Unless otherwise notified by Walmart, each
purchase order will have two (2) draws each representing the dollar amount equal to half of the RFP Award pricing. Contractor shall not
issue any invoice to Walmart for Work not yet performed nor issue any invoice at rates other than those agreed upon by the
parties. Contractor shall not issue any invoice to Walmart for Work performed before closing out the work order relating to such invoice.
Each invoice shall be the original copy of the invoice and shall not consist of a photocopy, fax copy or carbon copy. The time required to
process Contractor's invoice may be extended by Walmart (without incurring late fees or other penalties by Contractor) if the required
documentation is not submitted with such invoice.
Invoices must be submitted with the following information: (a) invoice number; (b) invoice date; (c) date(s) (d) Walmart purchase order
number (e) detailed description of the Work performed; (f) itemized invoice amount; (g) store type (i.e., Supercenter, Sam's Club,
Walmart, Walmart Neighborhood Market) and store number; (h) store location (city and state); (i) Contractor's Walmart vendor number;
0) Work Completion Report signed by a salaried member of store management.
Invoice submissions must be supplemented with the following information: (a) AIA document signed by Walmart appointed consultant;
b) a copy Scope of Work document signed by a Walmart Home Office representative.
Contractor shall submit invoices within 30 days of work completion. Failure to comply with this guideline may result in delay or non-
payment of invoice.
Invoices and all related documentation should be sent to Walmart at the following address: Wal-Mart Stores, Inc., Attn: Faciltites Maint
PO — Interior Project #801, P.O. Box 8031, Bentonville, AR 72712-8031.
Contractor represents that all invoices for Work performed shall accurately and truthfully set forth the Work actually performed and the
billing for such Work. In the event multiple invoices are found to be inaccurate, Walmart may terminate this Agreement upon fifteen (15)
days' notice.
4. Scope of Services: Contractor agrees to provide Roof Recover services to selected Walmart Stores, Sam's Club, Neighborhood Markets,
Supercenters and Home Offices locations (each a "Location"). A list of the store/club Locations will be provided to contractor, and may be
amended from time to time as determined in Walmart's sole and absolute discretion.
5. Licensing, Certifications and Permits: In the performance of the services, Contractor must comply with all applicable ordinances,
regulations, laws, disposal restrictions, and environmental regulations, and any other legal mandate as set forth by agencies having
jurisdiction which apply to the operations necessary to comply with this Scope of Work. Contractor must notify Walmart of potential non-
compliance situations which require physical and/or operational changes to comply with local ordinances.
6. Subcontractors: Contractor may subcontract labor to fulfill its obligations awarded per Roofing Recover Program as long as subcontracting
is allowed by the active Master Services Agreement between the Contractor and Walmart Stores, Inc. Walmart reserves the right to
immediately terminate its Agreement with Contract and prohibit Contractor from bidding on future projects if Contractor utilizes
subcontractors in violation of these Guidelines.
7. Services Requirements and Special Conditions:
WM Initials Contractor Initials
DocuSign EnvQlope ID: 9737C098-D3F8-49E8-A485-7072E54518BB
V
Vendor Name: CP RANKIN INC Primary Contact: JUSTIN BROWN
DBA Name: CP RANKIN INC Email: JBROWN@CPRANKIN.COM
WMT Vendor #: Phone Nbr: 215-997-9025
SAP Vendor #: Insurance Claim #:
a. Work must be completed per the project plans, specifications, and special conditions provided to the Contractor at the time of
bid. Any work found to be deficient shall be removed and replaced at no additional cost to Walmart. Walmart reserves the
right to accept or reject all work. Walmart may provide testing services at no additional cost to the Contractor on any project
awarded to the Contractor. Contractor shall coordinate testing with the testing lab assigned to each project.
b. Liens: Contractor may not cause any encumbrance to attach to or upon any Walmart buildings, common areas, land, or
improvements thereto because of any act or omission of Contractor, its subcontractors, agents, employees, or representatives.
Failure to discharge or bond/insure over any encumbrance within fifteen (15) business days following its filing is a material
breach of this Scope of Work. In addition to any right or remedy Walmart may have for the material breach, Walmart may
bond or pay the encumbrance for Contractor's account without inquiring into the validity of the encumbrance. If Walmart
elects to pay the encumbrance, Contractor will reimburse Walmart, upon demand by Walmart, the amount Walmart paid, plus
an additional ten percent (10`y) administrative fee, plus interest. Interest will accrue at the lesser of five percent (5%) per
annum or the maximum allowed by law beginning on the day Walmart bonds or pays the encumbrance and continuing until
Contractor reimburses Walmart the entire amount Walmart paid, plus the administrative fee and any interest accrued.
C. Contractor will be required to develop and submit to Walmart a schedule of all projects awarded and update FMPM Quickbase
accordingly no later than two (2) weeks following project award. The schedule must accommodate project completion of all
work by 10/31/2017.
d. Quickbase Reporting:
All applicable FMPM Quickbase data fields, i.e. projected and actual project start and completion dates,
percentage completions, comments, etc, shall be updated by Friday of each week until program completion.
Each contractor will be evaluated on the ability to adhere to their project schedule. This will be a key factor in
future work awarded to the contractor.
Percentage completion shall not be reported in FMPM Quickbase at 100% until both manufacture and
consultant final inspections are concluded and all punchlist items are complete.
e. Contractor shall ensure that work is performed following all applicable local, state and federal requirements per OSHA.
f. For locations under remodel, Contractor shall comply with general contractor's requirements for checking in to and out of
work site. Contractor shall send a representative to attend daily morning remodel meetings with GC and Store Management to
communicate progress with roofing project.
g. Contractor shall communicate to Walmart projects that will involve subcontracting.
h. Contractor shall ensure that every project has an on -site primary contact for communication with store/club management
available at all times while work is in progress.
i. The cost of additional consultant site inspection(s) deemed necessary as a result of contractor oversight (i.e. failure to provide
evidence of completed punchlist items, property damage, etc.) will be covered at the contractor's expense.
j. Contractor shall utilize a ground spotter when performing functions which include, but is not limited to, removal of coping cap,
work above main entrances and vestibules, replacement of skylights and/or smoke hatches, removal ofjoint block and decking
or any period when work is performed with an open ceiling, while screw shooting over the deli, produce and front registers,
etc.
k. Contractor shall use the following fasteners when applying single -ply membrane:
1. Carlisle: HP-X Fastener or HP-Xtra Fastener
2. Firestone: HD Fastener or HD Plus Fastener
3. GAF: Drill-Tec Extra Heavy Duty # 15 Roofing Fastener or Drill-Tec Super Extra Heavy Duty # 21 Roofing Fastener
4. Johns Manville: High Load Fastener or Extra High Load Fastener
I. Contractor shall submit change order requests to project consultant who will, in turn, notify and request written approval from
Walmart before work shall be performed.
m. Contractor will be held responsible for any property loss or damage resulting from roofing recover work at no additional cost
to Walmart.
WM Initials Contractor Initials
DocuSign Envglope ID: 9737C098-D3F8-49E8-A485-7072E54518BB
y
Vendor Name: CP RANKIN INC Primary Contact: JUSTIN BROWN
DBA Name: CP RANKIN INC Email: JBROWN@CPRANKIN.COM
WMT Vendor #: Phone Nbr: 215-997-9025
SAP Vendor #: Insurance Claim #:
8. Pollution control:
a. Burning or burying of rubbish and waste chemicals on the project site is prohibited.
b. Disposal of volatile fluid wastes (such as mineral spirits, oil or paint thinner) in storm or sanitary sewer systems or into
streams or waterways is prohibited.
C. Disposal of any toxic chemicals in storm or sanitary sewer systems is prohibited. Contractor shall comply with all EPA and
other applicable regulatory requirements regarding disposal.
d. Contractor must store volatile waste in covered metal containers and remove from premises daily.
9. Hazardous Controls:
a. Contractor shall maintain the premises free from accumulations of waste, debris and rubbish caused by or related to
Contractor's maintenance work.
b. At completion of work, Contractor shall remove all of its waste materials, rubbish, tools, equipment, machinery and
surplus materials (including, but not limited to, aerosol cans and batteries of any kind).
C. Contractor must leave the premises clean and safe for Walmart Associates and customers.
WM Initials Contractor Initials
DocuSign Env(, -lope ID: 9737C098-D3F8-49E8-A485-7072E54518BB
Vendor Name: CP RANKIN INC Primary Contact: JUSTIN BROWN
DBA Name: CP RANKIN INC Email: JBROWN@CPRANKIN.COM
WMT Vendor #: Phone Nbr: 215-997-9025
SAP Vendor #: Insurance Claim #:
GROUNDS FOR DISMISAL OF CREW AND/OR TERMINATION OF CONTRACT
1. Include but not limited to:
k
a. Consumption of alcohol on the premises
b. Smoking on the roof
C. Multiple instances of the following:
Dropping of materials
a • Fixtures of any kind falling from ceiling
Skylights being improperly resecured
Buckets, fasteners, roofing scraps, etc. scattered across the new roof
Conduit damage
Incorrect storage and sealing of adhesives and fuel cans when not in use. DO NOT keep near RTUs
CONTRACTOR RESPONSIBILITY FOR REPAIRS AND INSTALLATION ERRORS
2. Include but not limited to:
a. Membrane installed with sheets running the incorrect direction (parallel to the deck) shall be removed and reinstalled
correctly
b. Membrane installed on a portion of the roof which was not included in the scope of work will not be reimbursed for by
Walmart
C. Membrane installed without removal of the existing single ply membrane will be required to be removed and reinstalled
following removal of existing membrane per the scope of work
d. Any damages caused due to unsecured and/or exposed materials
e. Electrical conduit damages
IN WITNESS WHEREOF, the Parties have executed this Scope of Work on the date and year set forth below.
CONTRACTOR:
Signature: I&W 4 Akiw
Printed Name:
Title:
Date:
WAL-MART STORES, INC.:
Signature: 4*4°'0
Printed Name:
Title:
Date:
Exhibit A"
5
WM Initials Contractor Initials
4/12/2018 SCPA Parcel View: 11-20-30-5QU-0000-0010
PPPP
scnaxxc txxarry rx oFa
Legal Description
LOT 1
SEMINOLE CENTRE
PB 62 PGS 39 & 40
Taxes
Property Record Card
Parcel: 11-20-30-5QU-0000-0010
Property Address: 3653 S ORLANDO DR SANFORD, FL 32773
Value Summary
2018 Working
Values
2017 Certified
Values
Valuation Method j Cost/Market Cost/Market
Number of Buildings j 1 1
Depreciated Bldg Value
Depreciated EXFT Value
Land Value (Market)
6,683,947
285 671
4 895,274
6,774,885
288 323
4 895,274
Land Value Ag
JusUMarket Value ** 11 864.892 11,958,482
Portability Adj -- _---
Save Our Homes Adj 0 0
Amendment 1 Adj 0 0
P&G Adj 0 0
Assessed Value i $11,864,892 11,958,482
Tax Amount without SOH: $227,707.44
2017 Tax Bill Amount $227,707.44
Tax Estimator
Save Our Homes Savings: $0.00
Does NOT INCLUDE Non Ad Valorem Assessments
Taxing Authority Assessment Value Exempt Values Taxable Value
County General Fund $11,864,892 0 11,864,892
Schools $11,864,892 0 11,864,892
City Sanford $11,864,892 0 11,864,892
SJWM(Saint Johns Water Management) $11,864,892 0 11,864,892
County Bonds $11,864,892 0 11,864,892
Sales
Description Date Book Page Amount Qualified Vac/Imp
WARRANTY DEED 3/1/2009 07166 ( 0672 ( $100 1 No Improved
Find Comparabla Sales
Land
Method Frontage Depth Units Units Price Land Value
SQUARE.FEET I 8158791 6.001 4,895,274
Building Information
Description
Year Built
Stories Total SF Ext Wall Adj Value Repl Value Appendages
Actual/Effective
1 MASONRY PILASTER. j 1985/1995 I 1 1 209,049 j FACE BLOCK - MASONRY ( $6,683,947 $9,093,805 1Description Area
CANOPY 108.00
http://parceidetail.scpafl.org/ParcelDetaillnfo.aspx?PID=l 120305QU00000010 1 /2
Meets or exceeds the requirements of ASTM D 6878
Features and Components
Thickness Over Scrim: Optimized and tested on a continual basis
with a state-of-the-art thickness gauge to verify thatthe thickness
valued by our customers is incorporated into the sheet.
One of the Widest Melt Windows: Promotes better welds over a
wider variety of speeds and temperatures, and leads to a softer,
more flexible and workable sheet
Reinforced fabric scrim layer and top -ply thickness: Lends to
durable physical properties including:
Long-term weathering, UV resistance and heat -aging properties
High breaking and tearing strength
Optimized TPO formulation: delivers high-performance ozone
resistance, cool roof reflectivity and overall weather resistance.
Colors
Grey*, White Tan*,'
Grey and Tan lead times are subject to availability and may require
an upcharge for smaller projects.
component
Membrane
Single Ply
System Compatibility This product maybe used as a component in the following systems. Please reference product application for specific installation methods and information.
r f1t A HWr CCi 'F A
r r
4V11
t!
i E I
ti 13U DPP SIBS VL Pr.
A
r
Do not use with Multi -Ply systems ;yl Compatible with the selected Single Ply systems above
Key: HA = Hot Applied CA = Cold Applied HW = Heat Weldable SA = Self Adhered MF = Mechanically Fastened FA = Fully Adhered BA = Ballasted
Energy and the Environment
Standar13 , N v Reflectivi : Emisslvl '
4
CRRG®
Ag
White Initial 0.77 0.87
3 Yr. Aged 0.70 0.86
Tan Initial 067 087
Garay Initial*
3 YrQed
FF0r3-5M
PentlinY
NMWOr87JW
P ndPri
CATitle 24 White Pass 0.77 0.87
ENERGY
STAR®
White Initial 0.78 0.87
3Yr.Aged 068
Tar Indisl` 0.67
3 Y00& 0 62 ,
LEED®Tan'
SRI):,,
White Initial 101
3 Yr. Aged 85
Initia(" 81
3Yr'.,Aged,, ti 75.., _ n
Gray Inital s 39 ~
K
3`GEa ed Piei4°
Recycled
Content =
Post -consumer 0%
Post-industrial 5%
The LEED® Solar Reflectance Index (SRI) is calculated per ASTM E1980.
Peak Advantage® Guarantee Information
ProductGuarantee Term .,,,.r
JM TPO 60 5,10,15, or 20 years
Codes and Approvals
F M M-1—C
c DU$ Miami -Dada County
APPROVED Product Control Approved
Installation/Application
no
Fully Adhered Mechanically Hot Air Weld
Fastened
Refer to JM TPO application guides and detail drawings
for instructions.
Packaging and Dimensions
Roll Widths 5' 0.52 m) 1 8' (2.44 m) 1 10' (3.05 m)
Roll Eengthts 100' (30.48 m
Roll Coverage 500 ftz (46.45 m2) 800 ftz (74.32 mz) 1000 ftz (9290 mzl
Rolls'per Pallet 8
Pallet,Weight 1384lb (627.8 kg) 2200lb (997.9 kg) 2760lb (1251.9 kg)
Pallets per Truck*, 36 24 16
Producing Location" Scottsboro, AL
Assumes 48' flatbed truck and does not reflect pallets of accessories or impact of mixed sizes.
Refer to the Safety Data Sheet and product label prior to using this product.
The Safety Data Sheet is available by calling (800) 922-5922 or on the Web at
www.im.com/roofing.
RS-8633 8-16 (Replaces 7-16)
Features and Components
Use: To seal the edges around flashing terminations on PVC and
TPO membranes, and on TPO peel and stick products.
Tgpe: One -part elastomeric sealant
Color: White
Con"nent
SIE
ant
Type
M
Membrane
FL
flashing
Single Ply
System Compatibility This product maybe used as a component in the following systems. Please reference product application for specific installation methods and information.
RUR A fT_j _ SBA
I ! . _.. ` ;ilj 1 A I : R Srt , r
Do not use in Multi -Ply systems 1y Used to seal Membranes and Rashings in Me selected Single Ply systems above
Key: HA = Hot Applied CA = Cold Applied HW = Heat Weldable SA = Self Adhered MF = Mechanically Fastened FA = Fully Adhered BA = Ballasted
Energy and the Environment
MaximumUOC <450 g/I by calculation
Physical Properties
Weight per Unit (approx) 8.5lb/gal (1.02 kg/1)
Viscosity, Extrusion 30 seconds
Specific Gravity®77°F(25°C) 1.02
Precautions
shipped and stored awayfrom open flames, heat orsources:ofignitior
Keep all pails tightlysealed.while in storage: ltshould=be use0&onlyin
well -ventilated areas. Itmay cause eye, skin and respiratory irritation, arid'
is harmful or fatal ifswallowed: Avoid contact vv th skin. ,,Use impervious
clothing and rubber gloves to avoid prolonged or repeated con``
tactliviih skin. Read the=conta nerlabehand followall`safety: 'P instructions.
Refer
to the Safety Data Sheet and product label prior to using this product. The
Safety Data Sheet is available by calling (800) 922-5922 or on the Web at www.
jm.com/roofing. Installation/
Application Bead
Apply
to clean, dry, smooth substrates between 40*F and 120*F 4*
C and 48*C) Referto
the application instructions guidelines for proper utilization of
this caulk Packaging
and Coverage Container
Size Case of 25 - 10.3 oz (304.6 ml) cartridges ShippmgVllelght(
appr6E)'' 24lb (10.9 kg)/box (nom) Cover
age, Rate* (approxk 20 lin ft (6.09 lin m) per tube Coverage,
open and drytime rates can vary dramatically depending on the particular substrate and environmental
conditions. Coverage rates stated herein are approximate only. Storage Shelf
Life,
12 months from manufacture date T" `" Storage
Con`dltions Clean, dry, indoor environment, out of direct sunlight, inanunopenedcontainerTemperatiiteRan'ge-
40°F-90°F(4.4°C-32°C)- Protect from freezing Exposure Window
Johns Manville
recommends that an individual cartridge is used within 24
hrs of opening. RS-8615
6-15 (Replaces 10-14)
Features and Components
Use: To easily form flashings around -corners and penetrations.
Specifically designed for use in areas that cannot be
properly detailed with TPO field membrane.
Material: Flexible, non -reinforced TPO (thermoplastic polyolefin).
Colors: White; Grey; and Tan
Component
CACe ry
Single Ply
System Compatibility This product maybe used as a component in the following systems. Please reference product application for specific installation methods and information.
f1A _ CA FI1a ffA CA. :R .aSA , =Z=E=FTA ( ry7v ElFADa Do
not use with Multi -Ply systems Vil Com atible with the selected Single Ply systems above Key:
HA = Hot Applied CA = Cold Applied HW = Heat Weldable SA = Self Adhered MF = Mechanically Fastened FA = Fully Adhered BA = Ballasted Physical
Properties Tear
Resistance (min) 300 lb/in (52.5 kN/m) Weight
per Unit 0.36lb/ftz 0.25 kg/m2) Peak
Advantage® Guarantee Information Systems
Approved
for use in any JM Peak Advantage Guarantee System Refer
to the Safety Data Sheet and product label prior to using this product. The
Safety Data Sheet is available by calling (800) 922-5922 or on the Web at www.
jm.com/roofing. Installation/
Application a
Fully
Adhered Hot Air Weld Do
not install JM TPO Detail Membrane in direct contact with
asphalt. Referto
JM TPO applicator guides or detail drawings for instructions.
Packaging
and Dimensions RoIlSizes*:
24"x50'(61cmx15.24m) 48"x50'(122cmx15.24m) NomirialThickness
0.060"(1.5mm±10% Coveragerper
Roll ,.,. > 100 ftz (9.29 m2) (gross) 200 ft2 (18.58 ml) (gross) Weight
per Roll (approx) 36 Ib (16.3 kg) 72 lb (32.7 kg) 48"
width is available in white only. Storage
Storage
Coridfions Store indoors, out of direct sunlight, in a cool, d
location RS-
8598 10-151Replaces 10-14)
Features and Components
Use: Designed in a waffle pattern for easy installation around
any inside and outside corner.
Material: Flexible, non -reinforced TPO (thermoplastic polyolefin.
Colors: White; Grey; and Tan
Component
Accessary
Single Ply
Type
FC
Curb/Comer
FW
Flashing Wall
System Compatibility This product maybe used as a component in the following systems. Please reference product application for specific installation methods and information.
Do not use in Multi -Ply systems Compatible with the selected Single Ply systems above
Key: HA = Hot Applied CA = Cold Applied HW = Heat Weldable SA = Self Adhered MF = Mechanically Fastened FA = Fully Adhered BA = Ballasted
Peak Advantage® Guarantee Information Installation/Application
Systems
Approved for use in any JM Peak Advantage Guarantee System
Hot Air Weld
Refer to JM TPO applicator guides or detail drawings for
instructions.
Packaging and Dimensions
Size (waffle pattern) _._ , 611(15.2 cm) diameter
Comers per Box 20
elght ppr:Corner,,,F1_ 1.3 oz (36 g)
Weight per Box 2.25 lb (1.0 kg)
Storage
Store indoors, out of direct sunlight, and keepStorageConditions' clean and dry prior to application.
Refer to the Safety Data Sheet and product label prior to using this product.
The Safety Data Sheet is available by calling (800) 922-5922 or on the Web at
www.jm.com/roofing. RS-8597 10-14 (Replaces 8-13)
Features and Components
Use: To seal cut edges of JM TPO membrane.
Type: One -part, membrane edge sealing agent.
Colors: White and Clear
Component
SE
Type
Membrane
Single Ply
System Compatibility This product maybe used as a component in the following systems. Please reference product application for specific installation methods and information
E DM
ate. [fA CA R law ! , 2A 1 INI
Do not use in Multi -Ply systems "A Used to seal Membrane edges in the selected Single Ply systems above
Key: HA = Hot Applied CA = Cold Applied HW = Heat Weldable SA = Self Adhered MF = Mechanically Fastened FA = Fully Adhered BA = Ballasted
Energy and the Environment
White:707.6g/IMaximumVOC (EPA Method 24)
Clear: 732.8 g/I
Physical Properties
White: 7.8lb/gal (0.935 kg/1)
Weight per Unit (approx)
Clear: 7.2 lb/gal (0.868 kg/1)
PercentVolatile
White / Clear. 82.6% / 87.4%
Specific Gravity @ 77°F (25°C)
White/Clear 0.935 / 0.87
Precautions
Johns'Mdnville TPO Edge 5ea)antis'a.combust ble matenal and should
be shipped and stored awayfrom open flames, heatorsources of ignition.
Keep alhpails'tighUysea/ed while'instora'ge. ftshould°be used onlytn
well -ventilated areas. ltmay cause eye, skin and respiratoryiriltadon, and
is -harmful orfatal ifswallowed.` 9void contact,.,, wrth ski use Impervious x^
clothing and rubber gloves to avoid prolonged or repeated contact with
skin. Read the contalnerlabel and follovv all saW instrucfions :;,
Refer to the Safety Data Sheet and product label prior to using this product.
The Safety Data Sheet is available by calling (800) 922-5922 or on the Web at
www.jm.com/roofing.
Installation/Application
Bead
Apply to a clean, dry, exposed edge of membrane.
Do not use welding or cutting torch on or near this container
even when empty).
Referto the application instructions guidelines for proper utilization
of this sealant.
Packaging and Coverage
ContaineeSize. Box of twelve 16 oz (473 ml) bottles
White:14 lb (6.4 kg)/box
Shipping Weight (approx.)
w Clear: 13 lb (5.9 kg)/box
Coverage Rate* (approx)
R
100 lin ft (30.48 lin m)/bottle
with 1/8" (3.18 mm) bead
Coverage, open and drytime rates can vary dramatically depending on the particular substrate
and environmental conditions. Coverage rates stated herein are approximate only.
If FM Global® orUL® approval is required, consult specific RoofNaysm orthe UL Certifications
Directory for specific application rates.
Storage
Shelf Life 12 months from manufacture date
Storage Conditions Clean, dry, indoor environment, unopened container
Tem£peratureRange } 60oF-80°F(16°C-27oC)- Protect from freezing
RS-8592 6-15(Replaces 10-14)
Features and Components
A smooth, cone -shaped boot, for traditional or split -pipe
flashing applications to securely seal the penetration.
Pipe boots eliminate the need for field fabrication.
Flexible, smooth, non -reinforced TPO (thermoplastic
polyolefin) cone -shaped boot with preformed flange.
System Compatibility This product maybe used as a component in the following systems. Please reference product application for specific installation methods and information.
c$.,».....:..m"xrf....f" 1Y..,'k "a..'£' .,
I
4 y`%`=`1
3i$
j'..,.,. i.. 4z .w.
L,+$mu&'.'1re...».L ..®: L
Do not use with Multi -Ply systems'v, Com atible with the selected Single Ply systems above Key:
HA = Hot Applied CA = Cold Applied HW = Heat Weldable SA = Self Adhered MF = Mechanically Fastened FA = Fully Adhered BA = Ballasted Peak
Advantage® Guarantee Information Installation/Application Systems
nn V. ,.
a ... +
f t¢ . ._ . i (tr r s€ Approved
for use In any JM Peak Advantage Guarantee System Refer
to the Safety Data Sheet and product label prior to using this product. The
Safety Data Sheet is available by calling (800) 922-5922 or on the Web at www.
jm.com/roofing. Hot
Air Weld Each
boot has a cutting guide for easy reference and diameter measurements.
Do
not install JM TPO Pipe Boots in direct contact with asphalt. Refer
to JM TPO applicator guides or detail drawings for instructions. Packaging
and Dimensions y.
Sizes* ' ' " `"„I pim
1"to 6" (2.54 cm to 15.24 cm) Boots
peg Box 10 Welght
per Boot 0.85 lb (0.38 kg) UI/
elght per,Box;, ;,,,,.. 9 lb (4.1 kg) Standard
size pipe clamps covering the largest possible range (8" diameter) are included for each
pipe boot Dimensions less than 1.5' (3.8 cm) diameter may require alternative clamps. Storage
Storage
Con'dlUons rStore : clean and
dry of direct
and keep rY pr
orto application. RS-8591 10-
15(Replaces 10-14)
Features and Components
Use: To remove dirt, asphalt or other contaminants from JM TPO
and PVC single ply membranes to ensure a good weld or
bond. Can be used prior to applying TPO Membrane Primer
for peel and stick applications.
Type: One -part, low VOC solvent, membrane cleaning agent.
Color: Clear
PERMYP #_ L- G2 coo ,?
Component
OFFICE CL
Cleaner
Type
Membrane
Single Ply
System Compatibility This product maybe used as a component in the following systems. Please reference product application for specific installation methods and information
i b -'-`a wJ°fA , { lira ' iIW
Do not use in Multi -Ply systems
jimm
in' Used to clean Membranes in the selected Single Ply systems above
Key: HA = Hot Applied CA = Cold Applied HW = Heat Weldable SA = Self Adhered MF = Mechanically Fastened FA = Fully Adhered BA = Ballasted
Energy and the Environment
Maximum VOC ;. < 20 g/I
This product maybe used in jurisdictions limiting VOC (volatile organic compounds) content of
single ply roofing adhesive to no greater than 250 gA.
Physical Properties
rr•
r
r i
Weight per Unit (approx.) 7.5 lb/gal (0.90 kg/1)
Viscosity 0.32 mPa
Specific Gravity 0.790
Precautions
Johns Manville Single Ply Membrane Cleaner (LowVOC) is a combustible
material and should tie shibDed and stored awavfrom-ooen flames ,heat
used onlyin vVell=vendlated'areas. Itmay cause eye, skin and respiratory
irritation, and is harmful ortatal ifswallowed. Avoid contact with skin. Use
Impervious clothinq and rubberaloves to avoid prolonged,orrepeated ::,,
Refer to the Safety Data Sheet and product label prior to using this product.
The Safety Data Sheet is available by calling (800) 922-5922 or on the Web at
www.jm.com/roofing.
Installation/Application
Natural Fiber Scubber Pad
Cloth
Refer to the application instructions guidelines for proper utilization
of this cleaner.
Packaginq and Coverage
Container Sizes Box of 4
1 gal (3.781) pails 5 gal (18.91) pail
ShippingrWeight (approz) .• 32 lb (14.5 kg) 48 lb (21.8 kg)
Gontair ersper Pallet 4 ,
1 ` 36 36
Pallet Weight 1,202 Ib (545.2 kg) 1,387 lb (629.1 kg)
Pallets per Truck 26 22
Coverag`eRate*'(appoxJ.;' 400ftz/ga1(9.82m1/1)
Coverage, open and drytime rates can vary dramatically depending on the particular substrate
and environmental conditions. Coverage rates stated herein are approximate only.
If FM Global® or ULeapprovalis required, consultspecific RoofNavlm orthe UL Certifications Directoryfor
specific application rates. Storage
Shelf
Life 9 months from manufacture date StoragetCondition'
s ' Clean, dry, indoor environment, out of direct sunlight, In
an unopened container Temperature
Range 60°F-80°F(16°C-27°C-Protectfromfreezing Exposure
Window Johns
Manville recommends using open containers within designated shelf
life. Replace lid on can when not in use. RS-
8400 5-15 (Replaces 4-15)
Features and Components
Use: Provides a safe, stable and maintenance -free walkway
for quick and easy access to rooftop equipment in
high traffic areas. The safety yellow stripe serves to
provide a warning to areas of caution or hazards on
the rooftop.
Material: 156 mil (3.97 mm) thick, non -reinforced, textured TPO
thermoplastic polyolefin).
Color: White and Yellow
PERMIT # Xf= - 9 a -
1 rxal t 3 to
102
0omponent
r Aj
Single Ply
PType
Protection
System Compatibility This product maybe used as a component in the following systems. Please reference product application for specific installation methods and information.
1IIIIIIIIIIIIIIIIIIISEIrLJI.I?DOi3 r
n )A •,y I $fit CA1u1r v atfE , n L OA Do
not use in Multi -Ply systems Compatible with the selected Single Ply systems above Key:
HA = Hot Applied CA = Cold Applied HW = Heat Weldable SA = Self Adhered MF = Mechanically Fastened FA = Fully Adhered BA = Ballasted Energy
and Environment LEED®
Recycled Content Post-consumer:O% Post-industrial:0% Physical
Properties Pr
operfy'r mJMtTPOtWalkpad Weight
per Unit Peak
Advantage® Guarantee Information Systems ;
w a8 4f .,,;
r Approved
for use in any JM Peak Advantage Guarantee System Installation/
Application Q
a Fully
Adhered Hot Air Weld When
installing JM TPO Safety Walkpads be sure to: Achieve
full weld around perimeter of the material. Install
textured side up. Minimize
installing over seams and membrane splices whenever
possible. On
mechanically fastened systems, avoid installing over the fastener
and plate. Refer
to JM TPO applicator guides or detail drawings for instructions. Packaging
and Dimensions Roll
Size 30" x 50' (76.2 cm x 15.24 m) Thickness:,.
0.156" (3.97 mm) Rblls.
per;Gontainer 1 Covera°
ge%Con Amer- 125 ftt (11.61 mt) (gross) Weight°
per`Roll 75 lb (34 kg) Rolls
per Pallet 16 Storage
Storage
Conditions Store indoors, out of direct sunlight, and keep clean
and dry priorto application. Refer
to the safe use instruction and product label prior to using this product. The
safe use instruction is available on the Web at www.jm.com/roofing. RS-8106 1-16 (N ew)
Features and Components
For adhering JM TPO and EPDM membranes to
approved substrates. Do not use on fleece -backed
membranes.
One -part, synthetic polymer -based membrane adhesive,
two-sided application.
Compatible with insulation boards; metal, wood and other
decking materials.
PERMIT # 4,r- .2 (00 3
System Compatibility This product maybe used as a component in the following systems. Please reference product application for specific installation methods and information.
Do not use in Multi -Ply systems Fw Used to adhere Membranes in the selected Single Ply systems above
Key: HA = Hot Applied CA = Cold Applied HW = Heat Weldable SA = Self Adhered MF = Mechanically Fastened FA = Fully Adhered BA = Ballasted
Energy and the Environment
Maximum UOC 660 g/I (EPA Method 24)
Physical Properties
1
Weight per Unit(approx.) 7.31b/gal (0.87 kg/I)
Specific Gravity 0.865 0.87
Precautions
Exposure Window
Johns Manville recommends immediate and complete use upon
opening. Use open containers within 48 hours of opening. Replace
lid on can when not in use. Adhesive that has changed color or
viscosity is no longer usable.
Refer to the Safety Data Sheet and product label prior to using this product.
The Safety Data Sheet is available by calling (800) 922-5922 or on the Web at
www.jm.com/roofing.
Installation/Application
11
Long Nap Roller
Ambient Temperature Ranges:
Applywhen ambient temperature is 25°F and rising
Do NOT applywhen dew point is within 10°F or closerto ambient
Adhesive Temperature Ranges:
Adhesive must be greaterthan 32*F.
If adhesive falls below 32°F, place back in warm area until temperature is
60°F or greater.
Do not apply adhesive near seams or splices where a hot-air welder or
seam tape will be used.
Do Not Thin.
Packaging and Coverage
ContalnerSize '` 5 gal (18.91) pail
Sh ppingXeigh006W 36.51b (16.6 kg)
Coverag"e Rate (2 sltledj " z z5090ft /gallon (1.23 2.03 m /I
Coverage, open and drytime rates can vary dramatically depending on the particular substrate
and environmental conditions. Coverage rates stated herein are approximate only.
If FM Global® or UL® approval is required, consult specific RoofNavS" orthe ULCertifications
Directory for specific application rates.
Storage
Shelf Lrfe 12 months from manufacture date
i Storage Condmons Clean, dry, indoor environment in an
e unopened container
Temperature Range 12 60°F-80°F(16°C-27*C)-Protectfromfreezing
RS-7845 2-18 (Replacing 12-17)
Features and Components 3 Phillips Head Component
Extra High Load Fasteners are #21 fasteners with a #3 Phillips head. Galvalume Coated
Steel Plate FasteningaThepointisdesignedforquickinstallationinnewandre -roof
applications. Extra High Load Fasteners are only compatible with
Extra High Load Plates.
The Extra High Load Plate is 3" diameter, Galvalume®*-
21 Gauge
Shank
Type
A
a (7.62 cm)
coated steel plate with eye hooks. The Extra High Load Plate
incorporates an oversized diameter hole to accommodate the
Deep
B utre s s
Threads B B O B
Membrane
Single Ply
larger wire size of the Extra High Load Fastener.
Use: Thermoplastic Membranes
Material: High Load Fastener - Case-hardened steel
High Load Plate - Galvalume-Coated Steel
Gauge: #21 Drill Point
Head: #3 Phillips head
Mil;,... - ..
Plate: 3" (7.6 cm) round
Color. Blue (fasteners), Grey (plates) 4
Deck Types: Wood or 18 - 24 gauge (1.25 mm - 0.56 mm) Metal.
ERMIT # Galvalume is a registered trademark of BIEC International, Inc. and some of its
licensed producers.
System Compatibility This product maybe used as a component in the following systems. Please reference product application for specific installation methods and information.
I A iL_. fi S a ' t _ _ sGl1i _. -
Fit1 r A r i ( 3 ,1A C a H I CA p — ! f-A ! Fi'
r
ME rat 1
g. Do not use in Multi -Ply systems y Use to fasten Membranes in the selected Single Ply system above
Key: HA = Hot Applied CA = Cold Applied HW = Heat Weldable SA = Self Adhered MF = Mechanically Fastened FA = Fully Adhered BA = Ballasted
Energy and the Environment
Recycled Content This steel based product contains a minimum of25 /e post consumer recycled materials by weight
Peak Advantage® Guarantee Information
Systems
Approved to use with any Peak Advantage Guarantee
Codes and Approvals*
F M nwn® my
MlaC- teCounty APPROVEDucttcontProdrolApprovedFastenerapprovals
are based on system approvals Refer to
the Safety Data Sheet and product label prior to using this product. The Safety
Data Sheet is available by calling (800) 922-5922 or on the Web at www.jm.
com/roofing. Installation/Application
Referto the
application instructions guidelines for proper utilization of this
product. Packaging and
Dimensions Fastener Sizes
Quantity per Container* 2" to
3" (5.1 cm to 7.6 cm), 1,000/pail 4" to
6" (10.2 cm to 15.2 cm) 500/pail 7'to
8" (17.8 cm to 20.32 cm) 250/pail Plate Size-,,,-
Quantity per Container 3' (7.
6 cm) round 500/pail Producing'L.
ocabons**. Agawam, MA and Itasca, IL A bit
is provided in each pail. The point
of manufacture for fasteners and plates varies depending on the specific part. Call your
local JM sales professional for assistance. RS-7212
8-14 (Replaces 4-14)
Meets the requirements of ASTM C 1289, Type II, Class 1,
Grade 2 (20 psi)
ENRGY 3.E / Tapered ENRGY 3.E
Grade 3 (25 psi)
ENRGY 3125 PSI / Tapered ENRGY 3125 PSI
Features and Components
Inherent fire resistance without halogenated flame retardants.
Glass -Reinforced Facers: Sandwich and protect foam core and
provide bonding surface in roofing systems.
Closed Cell Polyisocyanurate Foam Core: Provides a high R-value
per inch in built-up, modified bitumen, metal roof and single ply
roof systems, and utilizes a pentane blowing agent that provides
high thermal insulation performance with zero ozone depletion and
virtually no global warming potential.
RIalandTaperectInherently
Fire Resistant Polyi.socya n u rate aeurr /'
L!2 oO, 0
nawgenateD name retardants. component
I
Multi -
Ply Single
Ply Type
HT
High
Thermal TP
Tapered
System
Compatibility This product maybe used as a component in the following systems. Please reference product application for specific installation methods and information. NOR
l .
r
1 • ,
y:6 1 •
Compatible
with all Multi -Ply system., Compatible with all Single Ply systems Key:
HA = Hot Applied CA = Cold Applied HW = Heat Weldable SA = Self Adhered MF = Mechanically Fastened FA = Fully Adhered BA = Ballasted With
approved cover boards only. Energy
and the Environment LEED®`
Recycled' Contenti Varies with thickness, see Product Data and
Packaging table on next page. Produced
with a pentane blowing agent having zero ozone depletion and
virtually no global warming potential. Peak
Advantage® Guarantee Information Systems
3- For
use in approved JM Peak Advantage Roofing Guarantees Codes
and Approvals 4
pSS
IF!0' U
F MIAMFDADECOU PI C
e U Miam -Dade County `) MaYk-
APPROVED
Pro duct ControlA d The
Cntified LTiR-value pprove
FM®
Standards 4450/4470 Approvals (refer to FM RoofNav") UL®
Standard 790, 263 and 1256 (refer to UL Roofing Materials system
directory) Meets
the requirements of CAN/ULC S704, Type 2 and 3, Class 3 Third -
party certification with the PIMA Quality Mark' for Long -
Term Thermal Resistance (LTTR) values Flute
Span: Width
of Rib Opening: Up to 25/e' Up to 3%" Up to 4%" 6.
67 cm) (8.57 cm) (11.11 cm) Insulation
Thickness (minj. 1.0" 12.54 cm) 1.2" (3.05 cm) 1.3" (3.30 cm) Refer
to the Safe for Use instructions and product label prior to using this product The
Safe for Use instructions are available by calling (800) 922-5922 or on the Web at www.
im.com/roofing. Note:
Technical information on this data sheet is intended to be used as a general guideline
only and is subject to change without notice. Contact your JM Sales Representative
for further details. Installation/
Application HotAsphaft
Urethane Mechanically Loose Laid Adhesive
Fastened Packaging
and Dimensions Flat
Sizes 4' x 4' 4' x 8' 1.
22mx1.22m) 0.22 In x 2.44 m) Tapered
Size?, 11.
22 m x 4.
22
m) Producing
Locations Bremen, IN 1.
For available thicknesses, see Product Data and Pa ckaging ta b le on page 2 of this data sheet Other
sizes available by special request, some sizes are not stocked and special order with minimum order
quantities. Contact your JM Sales Representative for details. 2.
Tapered ENRGY 3.E and Tapered ENRGY 3.E 25 PSI are
available in thicknesses of VT to 4'. Available profiles
are shown on page 3 of this data sheet In some
regions extended panels are also available. e.
rroY 31.H-JW.."wMn. R-W* load..
creme J.
1.n "W.M. GMU4Clt1•.
F rNL w
ur,a...e..... pMVNM.
eOe .... IJfC a.elY.tFw D
uK c.Rdrs C
Oeewaa ENRGY
3.E is the first polyiso
foam product to
be listed'in the Living
Building Challenge Declare
database and designated
Red 'List 'Free. RS-
5140 5-161Replaces 10-15)
Meets the requirements of ASTM C 1289, Type II, Class 1,
Grade 2 (20 psi)
e • ENRGY 3.E / Tapered ENRGY 3.E
Grade 3 (25 psi)
ENRGY 3125 PSI / Tapered ENRGY 3125 PSI
Features and Components
Inherent fire resistance without halogenated flame retardants.
Glass -Reinforced Facers: Sandwich and protect foam core and
provide bonding surface in roofing systems.
Closed Cell Polyisocyanurate Foam Core: Provides a high R-value
per inch in built-up, modified bitumen, metal roof and single ply
roof systems, and utilizes a pentane blowing agent that provides
high thermal insulation performance with zero ozone depletion and
virtually no global warming potential.
No halogenated flame retardants.
Component
Insul lion
Multi -Ply
Single Ply
Type
HT
High Thermal
TP
Tapered
System Compatibility This product maybe used as a component in the following systems. Please reference product application for specific installation methods and information.
Key: HA = Hot Applied CA = Cold Applied HW = Heat Weldable SA = Self Adhered MF = Mechanically Fastened FA = Fully Adhered BA = Ballasted
With approved cover boards only.
Energy and the Environment
Varies with thickness, see Product Data
LEED®`' Reced yclContent ' and Packaging
table on next page. Produced with
a pentane blowing agent having zero ozone depletion and virtually
no global warming potential. Peak Advantage®
Guarantee Information Systems For
use
in approved JM Peak Advantage Roofing Guarantees Codes and
Approvals 4pSSIf F
M MIAMI DADE COUMiY C US
PI $7-
lityMark-
Miami-Dade
County The C.Mfied LURralue 0 APPNDYEDP,Odu<t Control Approved FM® Standards
4450/4470 Approvals (referto FM RoofNav") UL® Standard
790, 263 and 1256 (refer to UL Roofing Materials system directory)
Meets the
requirements of CAN/ULC S704, Type 2 and 3, Class 3 Third -party
certification with the PIMA Quality Mark" for Long -Term
Thermal Resistance (LTTR) values Flute Span:
Width of
Rib Opening: Up to 21/8" Up to 3%" Up to 43/a' 6.67
cm) (8.57 cm) (11.11 cm) Insulation Thickness (
mint: 1.0" (2.54 cm) 1.2" (3.05 cm) 1.3" (3.30 cm) Refer to
the Safe for Use instructions and product label prior to using this product The Safe
for Use instructions are available by calling (800) 922-5922 or on the Web at www.jm.
com/roofing. Note: Technical
information on this data sheet is intended to be used as a general guideline only
and is subject to change without notice. Contact your JM Sales Representative for
further details. Installation/Application
Hot Asphalt
Urethane Mechanically Loose Laid Adhesive Fastened
Packaging and
Dimensions Fla`tSliest
4'x4' 4'x8' 1.22mx1.
22m) 1.22 m x 2.44 m) Tapered Slze,
2 4' x 4' 1.22mx1.
22m) Producing Locations'
Bremen, IN 1. For
available thicknesses, see Product Data and Packaging table on page 2 of this data sheet Other sizes
available by special request, some sizes are not stocked and special order with minimum order quantities.
Contact your JM Sales Representative for details. 2. Tapered
ENRGY 3.E and Tapered ENRGY 3125 PSI are available
in thicknesses of 12" to 4". Available profiles are
shown on page 3 of this data sheet In some regions
extended panels are also available. DWareft p1gGY.
3".
@ • JWn=M•mDN ReMnq u,.a.
a..av safWa va<ma.
renR p.aneeaura • ix antic c l ENRGY
3.
E is the first polyiso foam
product to be
listed in the Living Building
Challenge . Declare database
and designated Red
List Free. RS-5140
5-16 (Replaces 10-15)
Typical Physical Properties
Tensile Strength D 1623 500 psf (24 kPa) (min), 730 psf (35 kPa) (nom)
d Compressive Resistance 10% Consolidation D 1621 Grade 2: 20 psi (138 kPa), Grade 3: 25 psi (172 kPa) (min)
Dimensional Stability Change, (length & width) D 2126 0.5% (nom), 2% (max)
yt:
Moisture Vapor Permeance E 96 1 perm, 57.2 ng/(Pa•s•mz) (nom), 1.5 perm, 85.8 ng/(Pa•s•m') (max)
o.'.
Water Absorption C 209 1.0% (max)
Service Temperature D1623 100OF-250OF (-730C-1210M
2- Flame Spread, (2" foam core) E 84 20 - 30 (nom), 75 (max)
Smoke Developed, (2" foam core) E 84 55 - 250 (nom), 450 (max)
Product Data and Packaging
nz. mm Ihr•ft`F)/BTU;mL°C/UV 7` Yo, Pr`e. Cdnsumer Toa,= 44a4z 4a 4,
4!P1.
0 25.4 5.7 1.00 5.3 / 5.2 31.8 / 29.9 37.1 / 35.1 48 768 1536 1.
1 27.9 6.3 1.10 5.2/5.2 30.0 / 28.1 35.3 / 33.3 41 656 1312 1.
2 30.5 6.8 1.20 5.2/5.2 28.4 / 26.6 3 3.6/ 31.76 38 608 1216 1.
25 31.8 7.1 1.25 5.2/5.2 27.7 / 25.8 32.9 / 31.0 35 560 1120 1.
3 33.0 1 7.4 1.30 5.3 / 5.3 27.0 / 25.2 32.3 / 30.4 35 560 1120 1.
4 35.6 8.0 1.41 5.3 / 5.2 25.7 / 23.9 31.0 / 29.2 32 512 1024 1.
5 38.1 8.6 1.51 5.2/5.2 24.5 / 22.8 29.8 /28.0 32 512 1024 1.
6 40.6 9.1 1.61 5.2/5.2 23.4 / 21.7 28.7 / 27.0 28 448 896 1.
7 43.2 9.7 1.71 5.2/5.2 22.4 / 20.8 27.7 / 26.0 27 432 864 1.
75 44.5 10.0 1.76 5.2/5.2 22.0 / 20.4 27.2 / 25.6 27 432 864 1.
8 45.7 10.3 1.81 5.2 / 5.2 21.5 / 19.9 26.7 / 25.1 25 400 800 1.
9 48.3 10.8 1.91 5.2/5.2 20.7 / 19.1 25.9 / 24.3 24 384 768 2.
0 50.8 11.4 2.01 5.2/5.2 19.9 / 18.4 25.1 / 23.6 24 384 768 2.
1 53.3 12.0 2.11 5.2/5.2 19.2 / 17.7 24.4 / 22.9 21 336 672 2.
2 55.9 12.6 2.22 5.2/5.2 18.5 / 17.1 23.7 / 22.3 20 320 640 2.
3 58.4 13.2 2.32 5.2/5.2 17.9 / 16.5 23.1 / 21.7 20 320 640 2.
4 61.0 13.8 2.43 5.2/5.2 17.3 / 16.0 22.5 / 21.1 19 304 608 2.
5 63.5 14.4 2.53 5.2/5.2 16.8 / 15.4 22.0 / 20.6 19 304 608 2.
6 66.0 15.0 2.64 5.2/5.1 16.3 / 15.0 21.4 / 20.1 1 18 288 576 2.
7 68.6 15.6 2.74 5.2/5.1 15.8 / 14.5 21.0 / 19.7 17 272 544 2.
8 71.1 1 16.2 2.85 5.2/5.1 15.3 /14.1 20.5 / 19.2 16 256 512 48
24 2.
9 73.7 1 16.8 2.96 5.2/5.1 14.9 / 13.7 20.1 / 18.8 16 256 512 3.
0 76.2 17.4 3.06 5.2/5.1 14.5 / 13.3 19.7 / 18.4 16 256 512 3.
1 78.7 18.0 3.17 5.1 / 5.1 14.1 / 12.9 19.3 / 18.1 14 224 448 3.
2 81.3 18.6 3.28 5.1 / 5.1 13.8 / 12.6 18.9 / 17.7 14 224 448 3.
25 82.6 18.9 3.33 5.1 / 5.1 13.6 / 12.4 18.7 / 17.6 14 224 448 3.
3 83.8 19.2 3.39 5.1 / 5.1 13.4 / 12.3 18.6 / 17.4 14 224 448 3.
4 86.4 19.9 3.50 5.1 / 5.1 13.1 / 12.0 18.2 / 17.1 13 208 1 416 3.
5 88.9 1 20.5 3.61 5.1/5.1 12.8/11.7 17.9/16.8 13 208 1 416 3.
6 91.4 1 21.1 3.72 5.1 / 5.1 12.5 / 11.4 17.6 / 16.5 12 192 384 3.
7 94.0 1 21.7 3.82 5.1 / 5.1 12.2 / 11.1 17.3 / 16.3 12 192 384 3.
75 95.3 22.0 3.88 5.1 / 5.1 12.0 / 11.0 17.2 / 16.1 1 12 192 384 3.
8 96.5 22.3 3.94 5.1 / 5.1 11.9 / 10.9 17.0 / 16.0 12 192 384 3.
9 99.1 23.0 4.05 5.1 / 5.1 11.7 / 10.7 16.8 / 15.8 12 192 384 4.
0 101.6 23.6 4.16 5.1 / 5.1 11.4 / 10.4 16.5 / 15.5 12 192 384 4.
1 104.0 24.2 4.26 5.1 / 5.1 11.2 / 10.2 16.3 / 15.3 11 176 352 4.
2 107.0 24.9 4.39 5.1 / 5.1 10.9 / 10.0 16.0 / 15.1 11 176 352 4.
3 109.0 25.5 4.49 5.1 / 5.1 10.7 / 9.8 1 15.8 / 14.9 11 176 352 4.
4 112.0 26.1 4.60 5.1 / 5.1 10.5 / 9.6 15.6 / 14.7 10 160 320 4.
5 114.0 26.8 4.72 5.1 / 5.1 10.3 / 9.4 15.4 / 14.5 10 160 320 1.
The Long -Term Thermal Resistance (LTTR) values were determined in accordance with CAN/ULC S770 at75°F (24°C). The ultimate R-Value of these products will depend on individual installation circumstances.
2. Value represents average results (Grade 2/Grade 3). 3. Assumes 48' flatbed truck. Refer
to the Safe for Use instructions and product label prior to using this product The
Safe for Use instructions are available by calling (800) 922-5922 or on the Web at wwvv.
jm.com/roofing. RS-5140 5-16 (Replaces 10-15)
Johns Manville Tapered PolyiSo Offerings Please refer to the previous page for typical physical properties.
PrOat
t/16n/ft15.2"mm/m_ 7-
1A 1/16 0.5 0.75 3.6 70 1120 700 0.5" 0.75" 1.0" 1.25" 1.5' 1.75" 2.0' 2,25' Z5" 2.75" 3.0"
A is
A is t 2. 1 s 1 4 1 s 1 6 z.0'Fner
All Panels Special Order
1B 1/16 0.75 1 5.0 50 800 700
1 1/16 1 1.25 6.4 38 608 684
2 1/16 1.25 1.5 7.8 32 512 704
3 1/16 1.5 1.75 9.3 28 416 676
4 1/16 1.75 2 10.7 22 352 660
5 1 1/16 2 2.25 12.1 20 1 320 1 680
6 1/16 2.25 2.5 13.6 18 1 288 1 684
AA 1/8 0.5 1 4.3 64 1024 766 1 0.5" 1.0" 1.5" 2.0" 2.5" 3.0" 3.5" 4.0- 4.5- 5.0- 5.5-
A«;
2.0' Filler
nn A
ao"Ever'
e ` o E P FF=
Extended andSpecial Order Panels: D,E, F. FF
0.75" 1.25" 1.75" 2.25" 2.75" 3.25" 3.75" 4.25" 4.75"
n S,
R s' ` ` T u
7
v w 3.0' Fdler:'
All Panels Special Order
A 1/8 1 1.5 7.1 38 608 760
B 1/8 1.5 2 10.0 26 416 728
C 1/8 2 2.5 12.9 20 320 720
D** 1/8 2.5 3 15.9 16 256 704
E** 1/8 3 3.5 18.9 14 224 728
F** 1/8 3.5 4 22.1 12 1 192 720
FF** 1/8 4 4.5 25.3 10 160 680
R 1/8 0.75 1.25 5.7 44 704 704
S 1/8 1.25 1.75 8.6 30 480 720
T 1/8 1.75 2.25 11.4 22 352 704
U 1/8 2.25 2.75 14.4 16 256 640
V 1/8 2.75 3.25 17.4 14 224 672
W 1/8 1 3.25 1 3.75 20.5 1 12 1 192 1 672
IIMI 3M6=inyit (15.6 mrn/m)
J 3/16 1 1.75 7.8 32 512 704 1.0' 1.75' 2.5" 3.25' 4.0' 4.75' 5.5" 0.5- 1.25" 2.0" 2.75" 3.5" 4.25' 5.0'
J 11 JJ KK
J s K = <' L - M ,' 3,0' Filler} JJ; 'KK ,.LL 1 :MM '3.07, Flleru
All Panels Special Order All Panels Special Order
K 3/16 1.75 2.5 12.1 20 320 680
L** 3/16 2.5 3.25 16.6 16 256 736
M** 3/16 3.25 4 21.2 12 192 696
A 3/16 0.5 1.25 5.0 52 832 728
KK 3/16 1.25 2 9.3 28 448 728
LL** 1 3/16 1 2 2.75 1 13.6 18 1 288 1
MM** 1 3/16 1 2.75 3.5 1 18.2 14 1 224 694
1/4 in/ft (20.8 mm/m) .. , ..
G 1/4 1 2 8.6 30 480 720 0.5' 1.50" 2.5" 3.5' 4.5" 5.5" 6.5" 1.0" 2.0" 3.0" 4.0" 5.0" 6.0"
x r
Filler.;'
x Yi'
c tH..
x v • . Z ZZ 4.0' Filler D . H I_ 3.0' Finer
Extended and Special Order Panels: Z, ZZ All Panels Special Order
H 1/4 2 3 14.4 16 256 640
I** 1/4 3 4 20.5 12 192 672
X 1/4 0.5 1.5 5.7 48 768 768
Y 1/4 1.5 2.5 11.4 24 384 768
Z** 1/4 2.5 3.5 17.4 16 256 768
ZZ** 1/4 3.5 4.5 23.6 12 192 768
3B inHt (31.2 mm/m)
SS 3/8 0.5 2 7.1 36 576 720
0.5" 2.0" 3.5" 5.0' 6.5"
ss rr 3.0" Fiver ,
All Panels Special Order
TT** 3/8 2 3.5 15.9 16 256 704
1/2 in/ft (41.6 mm/m)
Q 1/2 0.5 2.5 8.6 32 512 766
0.5- 2.5- 4.5' 5.5" 0.5" 2.5" 4.5" I.0" 3.0' 5.0"
2:a'
a . a.az
n ` -Do Fiil' Q,. , xx=' z.o'
Extended and Special Order Panels: 00 Special Order
QQ** 1/2 2.5 4.5 20.5 12 192 672
XX 1/2 1 3 11.4 22 352 704
hr•ft'•°F/Btu)
Extended panels require less adhesive and less labor.
Tapered Recycle Content:
Recycled content is dependent upon average thickness. To calculate,
match the average thickness of Tapered ENRGY 3.E to the thickness of Flat
ENRGY 3.E. Use the number from Flat ENRGY 3.E as your recycled content.
Refer to the Safe for Use instructions and product label prior to using this product
The Safe for Use instructions are available by calling (800) 922-5922 or on the Web at
www.jm.com/roofing. RS-5140 5-161Replaces 10-15)
Meets or exceeds the requirements of ASTM D 6878
PERMIT
Tested Physical Properties
Breaking Strength, min, Ibf (N)
Elongation at Break, min %
Tearing Strength, min, Ibf (N)
Factory Seam Strength, min, Ibf (N)
Thickness, min, in.
Thickness Over Scrim, min, in. (mm)
Water Absorption, max, %
Brittleness Point, max, -40*F
Ozone Resistance
Properties after Heat Aging @ 240*F
Breaking Strength, % (after aging)
Elongation, % (after aging)
Tearing Strength, % (after aging)
Weight Change, max, % (after aging)
Linear Dimensional Change, max, % (after 6 hrs @ 158°F)
Accelerated Weathering, min
Cracking (@ 7x magnification)
MD =Machine Direction
XMD = Cross -Machine Direction
Note: All data represents tested values.
Supplemental Testing
D 751 220 (976) 411(1,828) 388 0,726)
D 751 15 27 27
D 751 45 (200) 92 (409) 178 (792)
D 751 66 Q90) 112 (498)
D 751 10% from Nominal 0.060 (Nominal)
D 7635 0.015 0.027 (0.686)
D 471 3.0 0.11
D 2137 No Cracks Pass
D1149 No Cracks Pass
D 573 Pass/Fail Pass
D 751 90 90 90
D 751 90 90 90
D 751 60 60 60
D 751 1.0 0.19
D 1204 1.0 0.1
G 151 & G 155 10,080 kj/mz*nm @ 340 nm4,000 hrs @ 0.70 W)
20,160 kj/mz
8,000 hrs)
G 155 No Cracks Pass
Dynamic Puncture D 5635 N/A Pass @ 25 Joules
Static Puncture D 5602 N/A Pass @ 44 lb (20 kg)
Impact Resistance of Bituminous Roofing Systems D 3746 N/A Pass - minor indentations
C 1549 N/A 78%
Reflectance
E 903 N/A 80%
C 1371 N/A 0.87
Emittance
E 408 N/A 0.96
SRI E 1980 N/A 101
Resistance of Synthetic Polymer Material to Fungi G 21 N/A 0 rating
Puncture Resistance (FTMS 101C, Method 2031) N/A N/A 371 Ib (168 kg)
Moisture Vapor Transmission E 96 N/A 0 g/mz per 24 hours
Hydrostatic Resistance, Mullen D 751 N/A 474 PSI (3268 kPa)
Standard Test Method for Air Permeance of Building Materials E 2178 N/A
Pass @ <0.0005 U(s•m2
Pass @ <0.0001 CFM/ft )
Refer to the Safety Data Sheet and product label prior to using this product.
The Safety Data Sheet is available by calling (800( 922-5922 or on the Web at
wvvw.jm.com/roofing. RS-8633 8-16 (Replaces 7-16)
INSPECTION SEQUENCE
BP# 18-2603
ADDRESS: 3653 S.
BUILDING PERMIT
Min Max Inspection Descri tion
Footer / Setback
Stemwall
Slab / Mono Slab
Lintel / Tie Beam / Fill / Down Cell
Sheathing — Walls
Sheathing — Roof
10 Roof Dry In
Frame
Insulation Rough
Firewall Screw Pattern
Drywall / Sheetrock
Lath Inspection
Building Ceiling Air Barrier
Insulation Roof (Com'1)
Building Ceiling Grid
1000 Final Roof
Final Stucco / Siding
Final Insulation
Final Firewall
Final Door
Final Window
Final Utility Building
Final Screen Structure
Final Pool Screen Enclosure
Pre -Demo
Final Demo
Final Single Family Residence
Final Commercial —
Final Commercial — Addition / Alteration
Final Commercial — Change of Use
Final Building (Other)
Orlando Drive
EZECT,RIC 1L PERIVIIT 1,*
d, r_ {
Min Max Inspection Descril2tion
Electric Underground
Footer / Slab Steel Bond
Electric Ceiling Rough
Electric Wall Rough
Electric Rough
Pre -Power Final
Temporary Pole
Electric Final
I;U BIIVG PRI m
Min Max Inspection Description
Rough Plumb
Plumbing Underground
Plumbing 2nd Rough
Plumbing Tubset
Plumbing Sewer
Plumbing Grease Trap Rough
Plumbing Steam / Chill Water Rough
Plumbing Final
MECI:IANI.CAL.PERMIT
f.
l 7
Min Max Inspection Description
Mechanical Rough
Mechanical Fire Damper Framing
Mechanical Ceiling Rough
Mechanical Fire Damper Annular Space
Mechanical Insulation Wrap
Mechanical Fire Damper Angle
Light / Water Test Ck Welds
Mechanical Grease Duct Wrap
Mechanical Final
REVISED: June 2014
Summery Scope of Work
FFICE Wal-Mart Store #857
JOB: #9296 PERMIT #
ADDRESS: 3653 S. Orlando Drive Sanford, FL 32773
PROJECT SIZE: 205,015 SF
This is our preliminary scope of work, please see Walmart roofing and sheet metal
specification for itemized scope for questions and answers
Section A Existing Roof System: Tear Off (128,348 SQFT)
Metal Deck Sloped Front To Rear
1-1/2" Insulation
Built Up Roofing
1/2" Dens Deck
MA TPO
Section A Scope of work:
General Conditions
Provide all Engineering cost.
Provide submittals of all products proposed to be used in the new roof system including
product data and MSDS sheets.
Submit all necessary pre installation warranty paperwork to the roofing manufacturer.
Conduct a pre -construction meeting with the building owner's representative to discuss
schedules, staging areas, safety precautions, OSHA requirements, etc.
Obtain all necessary permits.
Mobilization
Provide dumpsters for all roofing related debris. 90 30 yard dumpsters are included to total
project.
Provide portable toilet facilities for our employees.
Provide crane and a one month rental for a fork truck to lift all materials and equipment that
is required to complete the project (total project)
Demo and Prep
Remove the existing membrane and insulation entirety down to the existing sloped metal
deck.
Inspect the existing deck to identify and unsuitable conditions. Unsuitable conditions shall
be reported to the owner prior to subsequent work thereon. Deck replacement cost $7.50
per sqft.
Remove all of the existing penetration flashings.
Remove existing expansion joint flashing and batt insulation.
Remove all removable and non -removable.
Remove all existing parapet wall flashings.
Remove the existing Parapet wall coping.
Perform ongoing daily clean up into dumpsters. Sweep the areas around the dumpster at
the end of every day.
All project related debris will be placed in refuse containers provided by CP Rankin in a
legal manner.
Carpentry
0 Inspect the existing wood blocking for damage and replace with pressure treated lumber at
r Summery Scope of Work
the unit cost of $5.00 per foot.
TPO Roofing
Mechanically attach one layer of 1.75" LTTR- 10, and one layer of 2.1 LTTR-12 Johns
Manville Energy 3 over the existing roof deck using 5 JM #15 High Load Fasteners and
Insulation Plates.
Install 1/2" per foot slope tapered crickets at each HVAC Curb.
Install 1/4" per foot slope tapered insulation at gutter edge.
Mechanically fasten 3 S wide Johns Manville .060 White TPO membrane to gutter edge
and front of building. Fasten seams 12" on center with JM #15 High Load fasteners and
high load seam plates. Membrane shall be installed perpendicular with existing metal deck.
Mechanically fasten 8' wide Johns Manville .060 White TPO membrane in the field. Fasten
seams 12" on center with JM #15 High Load fasteners and high load seam plates.
Membrane shall be installed perpendicular with existing metal deck.
Turn all field membrane up the parapet wall a minimum of 6", mechanically fasten
termination bar 12" on center on vertical wall with in 6" of roof deck. Fasten
Membrane to deck 12" on center with JM #15 High Load fasteners and High Load
seam plates.
Fasten 15' wide membrane between all field seams 12" on center with JM #15 High Load
fasteners and High Load Plates. Weld JM 8" Cover membrane centered over seam plates.
Flash all roof curbs with fully adhered .060 White TPO membrane.
Secure 1/4" Dens Deck to parapet vertical surfaces with appropriate fasteners at spacing
not to exceed 12" in all directions (Tear off area only) and flash all parapet walls and the top
of the parapet walls with fully adhered .060 White TPO membrane.
Flash all equipment support legs according to manufactures specifications.
Install TPO pipe boots to all vent pipes.
Install TPO walk pads at the service sides of RTU's, around roof hatch and two rows at jib
hoist.
Seal all gutter joints with 12" EPDM flashing and paint the existing gutters with Sherwin
Williams DTM Acrylic Primer and DTM Acrylic Gloss.
Strip in drip edge with TPO Membrane.
Flashing and Sheet Metal
Install a Kynar finished 24 gauge counter flashing under the curb flanges.
Install Kynar finished pre manufactured Metal Era ES-1 Edge metal.
Install a termination bar up and under the existing counter flashings along the top of all
rising wall flashings on the lower roof.
Install TPO Clad metal at all gutter edges.
All new metal to be a standard color with a 20 year paint finish.
Project Closeout
Issue a manufacturer's 20 year No Dollar Limit Labor and Materials Warranty to the building
owner.
0 Issue a CP Rankin 2 year Labor warranty to the building owner.
i-' Summery Scope of Work
Section B Existing Roof System: Skin and Reroof (76,635 SQFT)
Metal Deck Front To Rear
2-1/2" Insulation
MA TPO
This is our preliminary scope of work, please see Walmart roofing and sheet metal
specification for itemized scope for questions and answers
Section B Scope of work:
General Conditions
Provide all Engineering cost.
Provide submittals of all products proposed to be used in the new roof system including
product data and MSDS sheets.
Submit all necessary pre installation warranty paperwork to the roofing manufacturer.
Conduct a pre -construction meeting with the building owner's representative to discuss
schedules, staging areas, safety precautions, OSHA requirements, etc.
Obtain all necessary permits.
Mobilization
Provide dumpsters for all roofing related debris. 90 30 yard dumpsters are included to total
project.
Provide portable toilet facilities for our employees.
Provide crane and a one month rental for a fork truck to lift all materials and equipment that
is required to complete the project. (total project)
Demo and Prep
Cut and remove the existing membrane roofing with the exception of the four inch wide strip
at in seam fasteners.
Remove all of the existing penetration flashings.
Remove existing expansion joint flashing and batt insulation.
Remove all removable and non -removable.
Remove all existing parapet wall flashings.
Remove the existing Parapet wall coping.
Perform ongoing daily clean up into dumpsters. Sweep the areas around the dumpster at
the end of every day.
All project related debris will be placed in refuse containers provided by CID Rankin in a
legal manner.
Carpentry
Inspect the existing wood blocking for damage and replace with pressure treated lumber at
the unit cost of $5.00 per foot.
Summery Scope of Work
TPO Roofing
Install 1/2" per foot slope tapered crickets at each HVAC Curb.
Mechanically fasten 3 5' wide Johns Manville .060 White TPO membrane to gutter edge
and front of building. Fasten seams 12" on center with JM #15 High Load fasteners and
high load seam plates. Membrane shall be installed perpendicular with existing metal deck.
Mechanically fasten 8' wide Johns Manville .060 White TPO membrane in the field. Fasten
seams 12" on center with JM #15 High Load fasteners and high load seam plates.
Membrane shall be installed perpendicular with existing metal deck.
Turn all field membrane up the parapet wall a minimum of 6", mechanically fasten
termination bar 12" on center on vertical wall with in 6" of roof deck. Fasten
Membrane to deck 12" on center with JIM #15 High Load fasteners and High Load
seam plates.
Flash all roof curbs with fully adhered .060 White TPO membrane.
Flash all parapet walls and the top of the parapet walls with fully adhered .060 White TPO
membrane.
Flash all equipment support legs according to manufactures specifications.
Install TPO pipe boots to all vent pipes.
Install TPO walk pads at the service sides of RTU's, around roof hatch and two rows at jib
hoist.
Seal all gutter joints with 12" EPDM flashing and paint the existing gutter with Sherwin
Williams DTM Acrylic Primer and DTM Acrylic Gloss.
Strip in drip edge with TPO Membrane.
Flashing and Sheet Metal
Install a Kynar finished 24 gauge counter flashing under the curb flanges.
Install Kynar finished pre manufactured Metal Era ES-1 Edge metal.
Install a termination bar up and under the existing counter flashings along the top of all
rising wall flashings on the lower roof.
Install TPO Clad metal at all gutter edges.
All new metal to be a standard color with a 20 year paint finish.
Project Closeout
Issue a manufacturer's 20 year No Dollar Limit Labor and Materials Warranty to the building
owner.
Issue a CP Rankin 2 year Labor warranty to the building owner.
Standard exclusions that would apply unless otherwise noted
Bonds, Any additional deck fastening required by the building department, Wood Blocking or Wood Sheathing, Temporary
Roofing, Disconnecting or reconnecting roof top equipment, Multiple Mobilizations, Gas Pipe Supports, Interior Protection,
Elimination of all ponding water, Hidden Conditions, Mock ups, Locating roof top equipment, Prevailing Wages, Premium
time or overtime, Supplying or installing roof curbs, Any disconnecting or reconnecting of lightning protection, Custom
colors, Any vertical gyp board or insulation at walls, Any PVC or Cast Boots at base of downspouts
t
PERAAIT # Jr- 03
City ®f Sanford
Product Approval Specification Form
Permit # _ C 8 , 2 (, a
Project Location Address AvS 3 S . 0r /4"J&
As required by Florida Statute 553.842 and Florida Administrative Code 9N-3, please provide theinformationandproductapprovalnumber(s) on the building components listed below if they are to beutilizedontheconstructionprojectforwhichyouareapplyingforabuildingpermit. We recommend thatyoucontactyourlocalproductsuppliershouldyounotknowtheproductapprovalnumberforanyoftheapplicablelistedproducts. Be aware that windows, skylights, and exterior doors must be tested in
accordance with the Florida Building Code, Section 1714.5. More information about Statewide ProductApprovalcanbeobtainedatwww.floridabuilding.org.
The following information must be available on the jobsite for inspections: 1. This entire product approval form
2. A copy of the manufacturer's installation details and requirements for each product.
June 2014
June 2014
Applicant's Signature
Applicant's Name
Please Print)
June 2014
Summery Scope of Work
A
Section B Existing Roof System: Skin and Reroof (76,635 SQFT)
Metal Deck Front To Rear
2-1/2" Insulation
MA TPO
This is our preliminary scope of work, please see Walmart roofing and sheet metal
specification for itemized scope for questions and answers
Section B Scope of work:
General Conditions
Provide all Engineering cost.
Provide submittals of all products proposed to be used in the new roof system including
product data and MSDS sheets.
Submit all necessary pre installation warranty paperwork to the roofing manufacturer.
Conduct a pre -construction meeting with the building owner's representative to discuss
schedules, staging areas, safety precautions, OSHA requirements, etc.
Obtain all necessary permits.
Mobilization
Provide dumpsters for all roofing related debris. 90 30 yard dumpsters are included to total
project.
Provide portable toilet facilities for our employees.
Provide crane and a one month rental for a fork truck to lift all materials and equipment that
is required to complete the project. (total project)
Demo and Prep
Cut and remove the existing membrane roofing with the exception of the four inch wide strip
at in seam fasteners.
Remove all of the existing penetration flashings.
Remove existing expansion joint flashing and batt insulation.
Remove all removable and non -removable.
Remove all existing parapet wall flashings.
Remove the existing Parapet wall coping.
Perform ongoing daily clean up into dumpsters. Sweep the areas around the dumpster at
the end of every day.
All project related debris will be placed in refuse containers provided by CP Rankin in a
legal manner.
Carpentry
Inspect the existing wood blocking for damage and replace with pressure treated lumber at
the unit cost of $5.00 per foot.
r
Summery Scope of Work
TPO Roofing
Install 1/2" per foot slope tapered crickets at each HVAC Curb.
Mechanically fasten 3 5' wide Johns Manville .060 White TPO membrane to gutter edge
and front of building. Fasten seams 12" on center with JM #15 High Load fasteners and
high load seam plates. Membrane shall be installed perpendicular with existing metal deck.
Mechanically fasten 8' wide Johns Manville .060 White TPO membrane in the field. Fasten
seams 12" on center with JM #15 High Load fasteners and high load seam plates.
Membrane shall be installed perpendicular with existing metal deck.
Turn all field membrane up the parapet wall a minimum of 6", mechanically fasten
termination bar 12" on center on vertical wall with in 6" of roof deck. Fasten
Membrane to deck 12" on center with JIM #15 High Load fasteners and High Load
seam plates.
Flash all roof curbs with fully adhered .060 White TPO membrane.
Flash all parapet walls and the top of the parapet walls with fully adhered .060 White TPO
membrane.
Flash all equipment support legs according to manufactures specifications.
Install TPO pipe boots to all vent pipes.
Install TPO walk pads at the service sides of RTU's, around roof hatch and two rows at jib
hoist.
Seal all gutter joints with 12" EPDM flashing and paint the existing gutter with Sherwin
Williams DTM Acrylic Primer and DTM Acrylic Gloss.
Strip in drip edge with TPO Membrane.
Flashing and Sheet Metal
Install a Kynar finished 24 gauge counter flashing under the curb flanges.
Install Kynar finished pre manufactured Metal Era ES-1 Edge metal.
Install a termination bar up and under the existing counter flashings along the top of all
rising wall flashings on the lower roof.
Install TPO Clad metal at all gutter edges.
All new metal to be a standard color with a 20 year paint finish.
Project Closeout
Issue a manufacturer's 20 year No Dollar Limit Labor and Materials Warranty to the building
owner.
Issue a CP Rankin 2 year Labor warranty to the building owner.
Standard exclusions that would apply unless otherwise noted
Bonds, Any additional deck fastening required by the building department, Wood Blocking or Wood Sheathing, Temporary
Roofing, Disconnecting or reconnecting roof top equipment, Multiple Mobilizations, Gas Pipe Supports, Interior Protection,
Elimination of all ponding water, Hidden Conditions, Mock ups, Locating roof top equipment, Prevailing Wages, Premium
time or overtime, Supplying or installing roof curbs, Any disconnecting or reconnecting of lightning protection, Custom
colors, Any vertical gyp board or insulation at walls, Any PVC or Cast Boots at base of downspouts
o
l TRINITY I ERD
TABLE 2Ec"STEEL oR STRUCTURAL CONCRETEDECKS ®NEW CONSTRUCTION, REROOF (TEAR -OFF) OR RECOVER
SYSTEM TYPE D: INSULATED, MECHANICALLY ATTACHED ROOF COVER
System
Deck 1)
Insulation Roof Cover MDP
No.
Note
Type Attach Membrane Fasteners Attach psf)
SYSTEMS OVER MIN. GRADE 33 STEEL DECK OR?STRUCTURAL CONCRETE AS NOTED) yr'
Mln 22 a'. a 8'Gradetyp -
33 3000psi
One r m 7oo e
Prelim. 19TPO d5-60; 72 or80 ERR Load Fasteners (steel'or concrete) or JM $trudural) 12-Inch o c. wlthm 6-Inch wide laps spaced with
SC;J 26 layers, any attached Concrete Deck Fasteners (concrete only) wiih high Load 30:0 steelorin. 8
ft-sheet)) 90-inch o c. Laps sealed f5=inch heat Plates
weldwoutside lap structuralconcretecombinationMin.
22 ga., type B, Grade One or more Prelim.
JM TPO 45, 60, 72 or 80 High
Load Fasteners (steel or concrete) or JM Structural 12-inch o.c. within 6-inch wide laps spaced SC-
127 33 steel or min. 3,000 psi layers, any attached 10 ft sheet) Concrete Deck Fasteners (concrete only) with High Load 114-inch o.c. Laps sealed with 1.5-inch heat 30.0 structural
concrete combination Plates weld outside lap Min.
22 ga., type B, Grade One or more Prelim.
1M TPO 45, 60, 72 or 80 Extra High Load Fasteners (steel only) or JM Structural 12-inch o.c. within 6-inch wide laps spaced SC-
128 33 steel or min. 3,000 psi layers, any attached 10 ft sheet) Concrete Deck Fasteners (concrete only) with Extra High 114-inch o.c. Laps sealed with 1.5-inch heat 37.5 structural
concrete combination Load Plates weld outside lap Min.
22 ga., type B, Grade One or more Prelim.
1M PO 45,60, 72 or 80 Extra High Load Fasteners (steel only) or JM Structural 12-inch o.c. within 6-inch wide laps spaced SC-
129 33 steel or min. 3,000 psi layers, any attached 8 sh ftsheet) Concrete Deck Fasteners (concrete only) with Extra High 90-inch o.c. Laps sealed with 1.5-inch heat 45.0 structural
concrete combination Load Plates weld outside lap Min.
22 ga., type B, Grade One or more Prelim.
JM TPO 45, 60, 72 or 80 High
Load Fasteners (steel or concrete) or JM Structural 6-inch o.c. within 6-inch wide laps spaced SC-
130 33 steel or min. 3,000 psi layers, any attached 10 ft sheet) Concrete Deck Fasteners (concrete only) with High Load 114-inch o.c. Laps sealed with 1.5-inch heat 45.0 structural
concrete combination Plates weld outside lap Min.
22 ga., type B, Grade One or more Prelim.
JM TPO 45, 60, 72 or 80 Extra High Load Fasteners (steel only) or JM Structural 6-inch o.c. within 6-inch wide laps spaced SC-
131 33 steel or min. 3,000 psi layers, any attached 10 ft sheet) Concrete Deck Fasteners (concrete only) with Extra High 114-inch o.c. Laps sealed with 1.5-inch heat 52.5 structural
concrete combination Load Plates weld outside lap Min.
22 ga., type B, Grade One or more Prelim.
JM TPO 45, 60, 72 or 80 High
Load Fasteners (steel or concrete) or JM Structural 6-inch o.c. within 6-inch wide laps spaced SC-
132 33 steel or min. 2,500 psi layers, any attached 8 ft sheet) Concrete Deck Fasteners (concrete only) with High Load 90-inch o.c. Laps sealed with 1.5-inch heat 60.0 structural
concrete combination Plates weld outside lap Min.
22 ga., type B, Grade One or more Prelim.
JM TPO 45, 60, 72 or 80 Extra High Load Fasteners (steel only) or 1M Structural 6-inch o.c. within 6-inch wide laps spaced SC-
133 33 steel or min. 3,000 psi layers, any attached 8 ft sheet) Concrete Deck Fasteners (concrete only) with Extra High 90-inch o.c. Laps sealed with 1.5-inch heat 75.0 structural
concrete combination Load Plates weld outside lap Min.
22 ga., type B, Grade One or more High Load Fasteners (steel or concrete) or JM Structural 6-inch o.c. within 6-inch wide laps spaced SC-
134 33 steel or min. 3,000 psi layers, any Prelim.
JM TPO 45, 60, 72 or 80 Concrete
Deck Fasteners (concrete only) with High Load 54-inch o.c. Laps sealed with 1.5-inch heat 97.5 structural
concrete combination attached
5 ft sheet) Plates
weld outside lap SYSTEMS
OVER MIN. GRADE 6O STEEL DECK ORSTRUCTU'RAL CONCRETE (AS NOTED) Min.
22 ga., type B, Grade One or more Prelim.
1M TPO 45, 60, 72 or 80 High
Load Fasteners (steel or concrete) or JM Structural 12-inch o.c. within 6-inch wide laps spaced SC-
135 60 steel or min. 3,000 psi layers, any attached 10 ft sheet) Concrete Deck Fasteners (concrete only) with OMG 2- 114-inch o.c. Laps sealed with 1.5-inch heat 30.0 structural
concrete combination 3/4" Super XHD Barbed Plates weld outside lap Min.
22 ga., type B, Grade One or more Prelim.
1M TPO 45, 60, 72 or 80 High
Load Fasteners (steel or concrete) or JM Structural 12-inch o.c. within 6-inch wide laps spaced SC-
136 60 steel or min. 3,000 psi layers, any attached 8 ft sheet) Concrete Deck Fasteners (concrete only) with OMG 2- 90-inch o.c. Laps sealed with 1.5-inch heat 37.5 structural
concrete combination 3/4" Super XHD Barbed Plates weld outside lap Min.
22 ga., type B, Grade One or more Prelim.
1M TPO 45, 60, 72 or 80 High
Load Fasteners (steel or concrete) or JM Structural 6-inch o.c. within 6-inch wide laps spaced SC-
137 60 steel or min. 3,000 psi layers, any attached 10 ft sheet) Concrete Deck Fasteners (concrete only) with High Load 114-inch o.c. Laps sealed with 1.5-inch heat 60.0 structural
concrete combination Plates weld outside lap Exterior
Research and Design, U.C. d/b/a Trinity ) ERD Certificate
of Authorization Jt9503 Prepared
by: Robert Nieminen, PE-59166 6T"
EDITION (2017) FBC NON-HVHZ EVALUATION JM
TPO Single Ply Roof Systems; (303) 978-4879 Evaluation
Report J9340.10.08-R8 for FL11475-R8 Revision
8: 10/14/2017 Appendix
1, Page 23 of 38
Walmart #857
3653 South Orlando Drive
Sanford, FL 32773
Submittals
Product Data:
Johns Manville .060 TPO Membrane
Johns Manville Flat & Tapered Enrgy 3 polyisocyanurate roof insulation
Johns Manville DensD.eck Primed Roof Board
Johns Manville High Load Fasteners
Johns Manville High Load Plates
Johns Manville Termination Bar
Johns Manville TPO Detail Flashing
Johns Manville Membrane Bonding Adhesive
Johns Manville TPO LVOC Cut Edge Sealant
Johns Manville TPO Pipe Seals
Johns Manville T Joint Patches
Johns Manville TPO Universal Corners
Johns Manville Walkway Rolls
Johns Manville Single Ply Caulk
Johns Manville Single Ply Sealing Mastic
Johns Manville TPO Membrane Cleaner
Johns Manville TPO Reinforced Cover Strip
Johns Manville Sample Warranty
Johns Manville Assembly Letter
Details
Johns Manville parapet flashing
Johns Manville parapet flashing termination bar detail
Johns Manville vent pipe flashing
Johns Manville field flashing
Johns Manville non -removable curb flashing
Johns Manville removable curb flashing
Johns Manville expansion joint flashing (roof to roof)
Johns Manville TPO coated metal drip edge at gutter
Sheet Metal Shoo Drawings
Metal Era TPO Coated Metal Drip Edge (at gutter)
Metal Era Snap Gravel Stop (at parapets)
CP Rankin Slip Counter Flashing
Metal Era Color Chart
Meets or exceeds the requirements of ASTM 0 6e7e
Features and Components
Thickness Over Scdm: Optimized and tested on a continual basis
with a state-of-the-art thickness gauge to verify that the thickness
valued by our customer's 'is incorporated into the sheet
One of the Widest Melt %fdows: Promotes better welds over a
widervariety of speeds and temperatures, and leads to a softer,
more flexible and workable sheet
Reinforced fabric scrim layer and top -ply thickness; Lends to
durable physical properties including:
e Long-term weathering, UV resistance and heat -aging properties
e High breaking and tearing strength
Optimized TPO formulation: delivers high-performance ozone
resistance, cool roof reflectivity and overall weather resistance.
yr.., V.,
Colors
itiaiM' 3 ,`'T
Grey end Tan lead eras are subject to ava labk4and may regaire
8n apcharge Iorsma6rprojacts
System. Compatibility Thsy uCr#., r r,aed8ra.cmnpmurainrherod'oxaeg ' """
r
systems Ple aA*atsms lorspec autede rntemmrr-, aseralerenee pmduct.srie tronmadwds ertd
De nottrse wrth Mah!• . , . - x ..;
t ,;,
jjC atil4le w dli selacred Sin !aP s aboveItsyHA =Hot Apptoad CA = Cctd `/1 pGad HW -, Neat Weldable SA - Sell Adhered ala = mg:hb - 4 Faste, AO Adhered BA = Ballasted
Energy and the Environment
Whhe' hsitial` 67
t . 3Yr ed 070, ggfi
Whne Pass 677 081
CA1de4? f § tTan€ Passf l $ SRI 75
r
Q
G 0.77 - 0.87HiwhiteIrirtial:
3 Yr Abed n.7o1E,i!£RfiYw
XSTAI;a
qi
95—
r- While Initial
f
Ased 85
1LEEDo tTen = ImballUj 81.
l5 }p 75
tRy led Post•cnnsumer eY,
COnte""nt Post-intlustrial
ocwnce maea lantrts calCureteE'per ASTME19Se,
Peak AdvantageO Guarantee Information
JA9TPO 60 mi1< 5 to 15, or 20 a_Oirs
Codes and Approvals
00
F
C us+a••e•.,
mu . t .
Refer to JM TPO application guides and detail drawings
for instructions.
Packaging and Dimensions
UUattltst , a 5' (152 m) 1 8' 12.44 m) 11P 13.05 m)
160' (30:48 m)
iRiitiCa era a
i s rPt" j
IPagetWel a a
if?eNets rTrtcli+
50o 0 46.45mt) I 800fF(74.32nA 1o00fVM90mtJ
e
l3B4lbW7.Bkg) I YZ0061 Ilkg)
36 24
27MIb(1251.9kg)
16
IAcat&m Scottsboro, AL
srawaoaacseneaoesnatrenectparatsataccesstsrsescrenpactof m udsues.
Refer to the Safety Data Sheet and product label prior to using this product, The Safety Data Sheat is available by calling 18001922.5922 or on the Web at
WWW.1m.comlroofing,
RS•= 2-18lReplaces 113.17)
Meets or exceeds the requirements of ASTM D 6878
tested Physical Properties
MD=MachaeDxecW
XMD al Toss-maclgneD"Clul
NotwAedate rgwasemstesteduataes.
Supplemental Testing
Refer to the Safety Data Sheet and product label prior to using this product.
The Safety Data Sheet is available by calling (B00)922-5922 or on the Web at
www4nLcom(mofing. RS48M 2-telAe*ces tart
Meats the requirements of ASTM C 12f1g, Type 11, Class 1,
Grade 2120 psi)
ENRGY 3/Tapered EN4RGY 3
Grade 3 (25 psi)
ENRGY 3 25 PSI / Tapered-ENRGY 3 25 PSI
Features and Components
Glass -Reinforced Facers: Provides rigidity and resistance to
indentation and crushing, and are compatible with BUR, modified
bitumen and single ply membrane systems.
Closed Cell-Polyfsocyanuaratte Foam Can: Provides high R-value per
inch in built-up, modified bitumen, metal roof and single ply roof
systems, and approved for direct application to steel decks.
I:
r
TV"
HT
f1oft!W
aP
Lwaac
SystemCompatibility,,ntisprodbee,asyecoscdas,cam ummrhafa n,Q,ryaramslNrasa.arcreerrcepmductappacaaoararspor;hr;rur,9snar,a rmdseb;ufn„eya,, w
t
C
a6ta"vJth"ahesetectisNA9rila Pl `° l femsaboore{ Co ahteiaithalYSta Ie.PJ ills" • + N..
Key:
NA - Hot Applied CA a Cold APP6ed KW =Heal. Weldable SA =Self Adhered MF =Mechanically Fastened FA =Fully Adhered 6A o BaNasted Energy
and the Environment Installation/Application L+
EI:EIa Recycled Content Varies with thickness, see Product Data Mand:
Packagingtable on next page. Produced with
a pentane blowing agent with zero ozone depletion • ` and virtuallynoglobalwarmingpotential. Hat Asphalt '
urethane aey Leese laid Peak Advantage®
Guarantee Information Refer to the application instructions guidelines for proper utilization sYs of
this product. For use°
in approved JM Peak Advantage Roofing Guarantees Flute Span: Codes and
Approvals 4`ssaryEo
i c
L,
us rllity:VtarV AMrrtroao yo...wuaa.
FMa Standards
44SW4470 Approvals (refer to FM RoofNav"1 ULs Standard
7% 263 and 1256 (refer to UL Roofing Materials system directory)
Meets the
requirements of CAN/ULC S704, Type 2 & 3, Class 3 California Code
of Regulations, Tide 24, Insulation Quality Standard License
M-1341 Third -party
certification with the PIMA (luality,Marr for Long -Term
Thermal Resistance QTTR)values Refer to
the Safe for Use instructions and product tabel.prior tol using this product The Safe
for Use instructions are available by calling (DWI G2Y-5922 or on the Web at wm4ffi.co(
Wraoftng. Note: Technical
information on this data shoat is intended to be used as a general guideline only
and is subject to change whhout notice. Contact your JM Sales Representative forfurtherdetals. Width of
Rb Opeaktg; Up to 2'h Up to 31/e Up to 4%` 07 cm)
457 cm) (11.11 cm) Insulation Thickness (
drd lk (2.54"cm) 1Z(3.M cm) 1.3" (130 cm) Packaging and
Dimensions 17atStzest 4,
x 4` a > . 4' x 81 . 122mx1Z2m) 11.
22mx2.44m) 1.22m,
x.122in) p derti
Bremen, IN Gorriwag; ONT Fernley,t V Hazleton, PA
Jacksarnrille, FL St ckmglocateons9'"
GrandPrairie, TX Southgate, CA Tracy, CA r •.u•
auar cmco sses, see t4MM141181a and PWk;ag*ytaWaan page 2 orthis data shoot. odder
sges Available br special request some sires are nat stocked and speeud order with
nicumum order guawAIRs. C"ct"Ur JM Sales Represerwiva for details. 2. Tapered
ENRGY 3 and Tapered ENRGY 325 PSI ere avaaaWe in thicknesses of W to C, Available prate
Nare shown an pap 3 o1'this date sheet. In some regions extended panels are alsoavabble. 3. Not
as sites, thicknesses. and products are stocked at A locations, please call customer Service at14ft-766,ins. R5.5131
10-17 1Repleces&171
Typical Physical Properties
TensBe Strength C 209 500 psf t24 kPa1 WWI 730 psf 135 kPa) (nomlCompressesResistance10°% Consolidation
Dimensional
D 1621 0rader f2f}' st`{138 kPG,Grade 3:.25 psi {172 kPa) In in) Stability Change, (lengdt & Wd&)
Moisture Vapor Permeance
D 2126 0.5% (nomL 2% (max/
1.0% 575 nwfla,s,m2LE96perm,
t.5 5 • •m
x WaterAbsotption C 209 1.0% (max)
g Service7emperawre 01623 100•F-250•F 1-73-C-121°CIflameSpread (foam coral E B4 20 - 30 jnamA 75 /max) Smoke Developed I( = corer E B4 55 - 25f1 tnoml. 450 Irnax)
Product Data and Packaging
MLOBA'5.7
1.1 27.9 63
1.00'
1.10
53 5.2
5.2 / 5.2
31.8.! 29.9
1 30.0 / 28.1
3T 1 / 35.1
3531331
46
41
768
856
1536
1312t2AS
1.25 31.8
1 6.8 1.20 5.2 / 5.2 28.4 / 2&6 33.6 31.76 38 608 1216
1.3.6
1 7.1
7.4
1.25 5-2/5-2 27.7 / 25.8 32.9 / 31.0 35 560 1 I20
1,4 358 80.
1.30 5,315.3 27.0 /25.2 32.3 / 30.4 35 560 1120
1.5 MI 1 8.6
IAl
1.61
5.315;2 25.7/23.9 31.0129.2 32: 512 1024
1.5 40.6 9.1 1.81
5.2/5.2
5.2.5.2
24.5/22.8
23.4121.7
218 In.0
28.7 27.0
32 512
448
1024
8% a t 7-n j 4&2 a»......9 7 - -- 171 92 k5 2 22 4120$ ' Z- 2 :7.7 26,0• MC ME9 t® 0' x v 1 ?8 5 2 / 5 2 il. _ 3Y.0'l MCI 27:2,/25 6 864_ e c sIl1.8 45.7
1.9
10.3 1.61 5.2 / 5.2 21:5 19.9 26.7 251"" q274324 B00483
2 02.01
10.8' 1;91 5.2/5.2 20.7 19.1 25.9/24.3384 768
120 2a11
5 215.2
1,92
19 9 18.4
i7:7.....,,
M
251` Z3 6J84533
35.9 2.22. 2l 5.2 18.5 / 111 23.7/ 223
67Z.
2.3 58A 131 232 5.215.1 17.9/16.5 23,1/21.7
40
6401461.0 1 ail 2.43 5.2/5.2 17.3/16.0 225/21.1 we2.5 63.5 14:4 2.53 5.2/5.2 16.8/15.4 22.0120:6 6082.6 56.0 15.0 2 64 5.2151 16.3/15.0 21:4/ 20.1 578 1. 2.7 68.6 15.8 2.74 5.215.1 15.B 114.5 21.0 / 19.7 17 272 5442.8 71.1 16:2 2.85 5.215.1 15.3114.1 20.5 / 19.2 16 256 512
48 24
2.9 73.7 16.6 2.96 52 5.1 14.9 / 13.7 20.1 / ILB 16 256 5123.0 78.2 17.4 106 5.2 / 5.1 14.5 13.3 19.7 / 18.4 16 256 5123.1 78.7 18.0 3.17 5.115.1 14.1 / 12.9 19.3118.1 14 224 44B3181.3 1B.6 328 5.1 / 5.t 13.8 12.6 18,9/ 173 14 224 4463.25 82.8 15.9 3.33 5.115.1 13-6112.4 18.7 / 17.6 14M224 4483.3 , 83.8 19.2 3.39 5-1/5-1 t3.4 / 123 16.6 / 17.4 14 448. 3.4 88.4 199 3.50 5.L 5.1 13.1/12.0 18.2/'17.1 13 4153.5 88.9 20.5 161 5.1./5.1 12.8!11.7 17.9/16.8 13 4163.6 91.4 21.1 332 5.1 5.1 12.5 / 11.4 17.6 / 16.5 12 3843.7 94.0" 21.7 3.82 5.1 5.1 12.2/11.1 173/163 12 3843.75 953 22 0 3:88 5.1 / 5.1 l20 / 11.0 17.2 16.1 12 384696.5 223 3 94 5.1 5.1 11.9110.9 17.0 16.0 12 384.
4.
0 23.
6
4.
16
5.1 / SA' 11.7 / IV 16.6 15 8 12 192 35401. 4.
1 104.0 24.2
4.16 5.1/5.1 11.4/10.4 16.5/15.5 12 192 3844.1 104.0 24.9 4 26 5.1/5.1 11.2/ 10.2 16.3 / 15.3 11 176 3524.2 107.0 24.9 439 5.1/5.1 10.9 / 10.0 16.0 / 15.1 11 176 3524.3 109.0 1 25.5 4.49 5.1/5.1 10.7 / 9.8 118 / 14.9 11 176 3524.4 112 0 26.1 4.60 5.115.1 1 10.5 / 9.6 15.6 / 14.7 10 16o1 3204.5 1 114.0 1 263 432 5.1 /5.1 1 10-3/9-4 15.4 / 14.5 10 160 1 320
ro--.. .W.M aamuncu1'1MYawn vWWOaetanrmseotnaccord=$With CAWLCSMat75-F124•CiTheukereate&Vakwofdweproduclavddependonind.vidualarstapation ckcratMnces. 2. Vaklerelreserds average Mules (Grade Made 313. Assumes 48' flatbed truck. Refer
to the Safe for Use instructions and product label prior to using this product The
Safe for Use instructions are avedable by calling (800) 922- Moron the Web at wtwujm.
com/roo&I% RS-
5137 10.17 {Reptaees &17)
cyanurate Rd %Nli1s l t1j'f
Johns Manville Tapered Polyiso Offerings Pleaserelermrnepra4iaasPayaQar,ppdeafP4yaca/POs
Vi . s}ti. $
i
1A Ul6' 05 0.75 36 70' 'Y 1120" -700
IB 1115 0.75 1 5.0 50 80D 700
ns on sa r2s rs s3s 3r 225' rs• 21s 3r
I 11t6 1 1.25 6.4 M 684 I ti2
3
1116
t/Sb
1.3
15
1.5
135
7.8
9.3
32
28
1 51Z
416
704
676
ae :
r to 1 rzr:Fcrori
4 Ins 175 2 10.7 22 352 66D
5 1/t6 2 225 12.1 20, 320 680
6 1116 225 25 13.6 16 286 084'
Aid
aA pi8 0.5 " t s * 64 1024
IWIGA nssiilmt'
u43
PT.1 - -
in6 1 ns u r.r io ss sr ss •a u sr ss
St G 661181.5 2 10.0 26 416 728
C
D-
118
1/8
2
2.5:
2:5: 12,9 2Q 320 728-F.
r
1/8 3"
1 158' 16 2% 704 k ,., t :
18.9 14 224 728 Famw ftwSM14 & lotF2mh 01 FFF
F" 118 31 4 221 12 192 72Q err IN tn• 2n• 23s 32s• 33s• 4.3r 4.n• FF" lie 4 4.5 233 10 160 680 1
R 116 0.75 1.25 5.7 44 7,04 704
s 118 1.25 1.75 8.6' 30 480 720
t
7 1B 1.75 225 11.4 22 352 704'
U 1/8 2.25 Z75 14.4 16 56 meAl Pam*Spe.SOrix
V 1/8 275 3.25 17.4 14 224 672
W 1M 3.25 3.75 F 12 122 672
J 3/16' 1 1.75 7.0 32 512 704
K
t ..
M•°
3118
3/16
3/16
1.73
26
3.25
2.5
3:25
4
12,1
16:6
21.2
20
15
12
320
256
192
680
73G1
696
Ur to Ls 32v' Fr ars• 0S 04, 12"1 20, 2rs• 35 fir s0t
aJJ3/16 0.5 1.25 5A 52 832 729, Y " _ ,m
KK 3116 1:25 2 9.3 28 4 28 Nrivi, U a+l0,&r Aita.eb3p .gyp..,
LL•• 3116 2 2.75 13.8 18 288 691
MM" 3/I6 2.75 35 18:2 4 224694-
Mllr # a.,. r4 fr.M
30 80460 7`
H 1/4 2 3 144 16 56 640
u r,- u 3s 4s sr 4s ra 27 3r 40 0 5
K
Y
114
1/4
1/4
3
05
4
15
211.5
5.7
12
48
192
758
672
768
s
as
Z'•
15 25 11.4 24 364 768 e } 40 Fbme ">'
i
a +srreoi
ZZ"
114
114
23
35
35 17.4 I6' 2% 768 ccr,eoasir maxi naiztt uF,murorcaam 45 236 12 102 768
i'
Ss 3/6 05 2 Ti 35 576 720
os ze US sn- 4s
11, 4TT" 3/8 2 35 15.9 16 256 704
ApFyn4p;pgylotld
a'° - lie .SOS - ,25
w w---
8,& 32 812 WEI-- as" 24' 4s is. as, ar 0r i-r 3P sr eFenr®C Q11•'
112 2 5 45 2D.5 12 102 672 r smtl K%
1/2 1 3 11.4 22 352 704 F+ae aanay.o.oaaa .rarb mp tPxratadx Extended
Panets repmro tea adhesive and lass labs. Tapered
Recycle Content: Recycled
content is dependent upon average thickness. To calculate, Refer to the Safe for Use instructions end product label prior to using this product match
the average thickness of Tapered ENRGY 3to the thickness of Rat The Safe for Use insuudions are available by calling (M) 922-= or an the Web at ENRGY
I Use the number from Flat ENRGY 3 as your recycled content "^"W*n.conVMofi RS-5137 tall titepdacas can 8
a
W: 4+
Meets the requirements of ASTM C 1177
Features and Components
Enhanced. Face Mal: Coated fiberglass facer ideal for fully adhered
systems provides a broader compatibility and higher performance
with roofing adhesives.
Hie Performance: FM Class 1 for fire barrier requirements and
UL Class A unlimited slope with excellent surface burning
characteristics. 5/9" thickness meets the requirements of Type X
per ASTM C 1177.
mob
Enhanced MoistureCoatedFiberGlassFacers "„ and Muld Resistant
Gypsum Corti
LT
SySt QMRai y11ty 7hlsgadtnmaybousedasacmvonmN.mthefoGouWrrjsystemspleaserderenceproductapplicationforspecificWa4itbnmethodsandtrdormsU oo,
r "
HA
r t . n is ., _s _ f r W'imtaTfni7st < SIhiWFt4iFAIi.lv1F al F;i i_vlF` " aPeak
AdvantageOlduarantes Information Syssetns '''
Gtrarantee Tenn" When
used n'ttiost multi-plyand sin (e 1 9plysysteltis 10, is. or 20 yearn. ConWJMTWJr&
tservicesforspecifiewitemsortwnswer2tlyeam Cedes
and Approvals ta8rv
o c
lla U S a eo.. are..w9 APPAOeeO
Inen hnd Agq p Referto.
the Safe Usetnstructions and product label prior to using this product. The
Safe Use Instructions are available by taping (BOO) 922-5922 or onthe Web at wwwjm.
com/roofing. Refer
to the Appfication Guides and Detail Drawings for Instructions. Packaging
and Dimensions Vxf(
1.22mx1.22m) t
art n Y4" (6A mm) 19lb,(
8b ) W
02.7 mm) 32
lb (143 ) aifOIT;
960 ftt (89 mt) 800 fe (74 ml 8
ards/Palt 60 50 PafietW '"
tit '` I 1,140lb (517 k) 1,600lb (726 ked Met"
s'. `QTruc3 40 1 29 4'x8'
1.22mx2.44m Si -J; :l.._...-:, rtoirtGI 17
6A=mini) fa" (12.7 mm) I 4L" (159 A 381b (
17
2 k) 64lb (29:0 k) 801b (363 aNet 1,
344 ft: (12S ml 960 fit (89 ml 960 fe (eg m') BoaitisTPafiet 42
30 30 Pallet t
3' 1596lb (724 )1,920lb 871 ) 2,40DIb 0089 Wall P-aaNi-
ftOianidc° 1 28 1 24 1 18 Assumes as
114moo truck. DeMDech' Is
se&tened trademark of Georgia-Pacif c Gypsum LLC. DeMoe& is manufactured by
G-Mia-PacMk Gyps i.LC and is madreted by Yohms Manville as 1M' DensDe&.
Not&TechrOcal
information on this data sheet is intended to he used as a general guldeBne mltyand
k subject to change without notice. Contact your 1M Sales Repiesentativefor further
details. RS-S595 2-
1741teplaces3-16)
Fleets the requirements of ASTIR C 1177
Typical Physical Properties
Thermal Performance
Refer to the Safe Use Instructions and product label prior to using this product. NotaTechnical information on this data sheet Is intended to be used as a general7heSafeUseInstructionsareawil8blebYcalling (8W) 922-5922 or on the V*b at gu'idefineonlyand issubject tachange withoutrwlkeContact your JMSales www.jm.com/rwftng. Representative for further detalls. RS•559S 2-17 (
Repiw*s 3-16y
Features and Components
The High Load Fastener is a blue, corrosion -resistant #15 fastener
with a #3 Ph'1flips head, and a drill point designed for quick installation
in new or re -roof applications.
The High load LH fastener is a Grey, #15 fastener with a larger
03 Phillips head, and a drill point designed for quick installation in
new or re -roof applications.
Use: Membranes
Material: Carbon Steel
Gauge: #15
Head: 03 Phillips head
Colors: High Load Fastener - Blue
High Load LH Fastener- Grey
Deck Type: Wood or 18- 24 gauge (1.25 mm - 0.56 mm) Steel.
pSystem Compatibility@ mproducrmaybeused ass componaminrhe/ap WVrysrems,ReesererarencaproducravQlicadondor Specmedmds ray rchmt177
tibfa:
wUh the sefecferi&tylH P m abdvo i atr16,16, nb rho seacted Sr a a above, Key
HA a 1Eoi.Applied CA =.Cold Applied Hby = Heat Weldable SA a Self Adhered MVF Vechatiicat j Fasiewd ` FA = Fupy Adhered BA = Ballasted Energy
and the Environment sRecycled
Content This steel based product contains a minimum of 2596'
post consumer recycled materials by weight Peak
Advantaged Guarantee Information n
Apptotred
to use wilt any Peak Advantage Guarantee Codes
and Approvals'* fastener
oppfovals are based an system approvals Refer
to the Safety Date Sheet and product label prior to using this product. The
Safety Data Sheet is available by calling 181101922-5922 or on the Web at www.'
im.com/roofing. Installation/
Application Steel
deck: minimum 31C penetration Wood
deck: minimum 1" penetration Packaging
and Dimensions StattdardlFastaner
Saes ' L Quantityper•,CorKailere J 114 %
T to 5(3.2 cm, 5.t to 12.7 cm) 1,400/pad 6`
to W f 152 to 35.6 cm) 5WIpail or a fr 500/box 1610
2(r f 40.6 to 50A cm) 25Wbox 2T (
55.9 cm) and 24"(61 cm) 125/box 1LH,-
Fatxener,Sl2es .. 114 ;
T to 4132 cm; 5.1 to 10.2 cm} Impel 5
to Ir. 10;12' 1117to203cm,
25.4cm, 30.5cm) - 500/pail Praducm"tg LoceUortsO° fi ,,,;
fi4y; Agawam, MA and
Itasca, IL A ml Is provided
in each pail. The puma at manufacture
for fasteners varies depending an the specific part. Coo your tocalJM sales
motessianal for assistance. AS-7108.F 2-
171Replacas &141
A
fiONr
1,4
Features and Components
High load Plates are heavy duty, 234' (6.03 cm) round, 20-gauge
0.9 mm) Galvalume®"-coated steel seam plates with eye hooks.
High Load Plus Plates are heavy duty, 234" (7 cm) round, 20-gauge
0.9 mm) Galvalume-coated steel seam plates with barbs.
Use: Membranes
Material: Gahralume-Coated Steel
Gauge: 20-Gauge Steel
Size. High Load Plate - 2W (6.03 cm) round
High Load Plus Plate - 23t"16.99 cm) round
Color. Grey (Golvalume•coated steel)
Gdvahm is a registered trademark of 6IEC Imemati nat Inc. and same of its lensed prodacam
High Load Plate
lMembraneP!
High Load Plus Plate
High Load Plate High Load Plus Plate
r
l
Two
M
MON
System Compatibility ndsproduarawbeusedasa=mpanantieftWov*gsystems. PJeawmiamenceproduct appkrafwforsWiftksraaahw wedodsand adamutfon. it >- to wAh
the
selectedMufN- ' ' a6are ifiJe,tahf+ rhe'saleeted Sr e P ', w `enu above
Key>
HAa= Hct
Applied --CA = Cold Applied HW =-Heat Weldable SA o Self Adhered NF n Mechanically Fastened PA = I* Adhered BA -Ballasted Energy and the
Environment Installation/Application This steel based
product contains a minimum of Refer to the application instructions guidelines for proper utilization Recycled Conten 25% post consumer recycled materials by weight of this product. Peak Advantage's
Guarantee Information Packaging and Dimensions Systems = u a
z = Approved to use
with any Peak A ventage Guarantee Codes and Approvals-
t- M waveoveo
s.awiewret.
oe o»e Fastener approvals are
based on system approvals P.late`Sae'
F51ze .; IP,,ecka9tli91. .i High Load Plate
2%' (W cm) round lAwpail I High loadPlusPlate23b" (7 cm) round 30Qlpail Producing.Gocation Itasca,
IL Refer to the
Safety Data Sheet and product label prior to using this product Safety Data Shoots
are available by calling 1800) 922-5922 or on the Web atvwvw'j Mcaa/
wofing. 1151-71106-P 7.14 {Replaces 4.141
Features and Components High Load
Termination Bars are 1.34-(3.4 cm) mode, extruded, pre -punched Fastener
aluminum strips. a F4, k
Anchor Discs are 2(5.1 cm) diameter, round, Galvalumet'a-coated t
steel discs.
Masonry Nail -in Anchors are one-piece zinc anchors designed for
fastening to concrete or masonry walls, ' ! -
Use. Membranes
Anchor
2inc .. ;;, Disc
Materials: High Load Fasteners - Corrosion -Resistant Steel d a (Vail -in
Zinc Nail -In Anchors - Zinc-CDated Steel Anchor ,
Anchor Discs- Galvalume
Termination Bars - Extruded Aluminum
h
Termination
Color. various Bar
Deck Types: High Load Fasteners - Wood and 18-24 Gauge Metal
Zinc Wail -In Anchors - Concrete and Masonry
ealvabmo is a reoaterad muiemarlrof anic intem> smi, Inc. and soma nl ks r rYgu y'
i
Irensedprodaeem
System Compatibility %AIIA,amybansedosacomponantinrberokmtivgsystenaPtensererererrcaproduer8ANXatlanrorspaeilieirrsr Arian" anaaaramra
t.-
t)anoruse:InaJuld=... 'ras-
s .. Ilse rofasren Meenbraaes la elPSi fe ema
fSey° HA ==Htit Applied'' CA' =Cold Applied 1i1N = Heaf Weldable SA = Self Adhered MF = Mechanically -Fastened 'FA = Fully Adhered BA = Ballasted
Peak Advantage., Guarantee Information
Codes and Approvals
Avaaovao
Refer to the Safety Data Sheet and product.tabal prior to using this product.
The Safety Data Sheet is available by calling W) 922-5922 or on the Web at
www)m.coln/raofing.
Installation/Application
Termination Bar:
Secure with JM High Load Fastener or Zinc Nail -In Anchor
Zinc Nail -In Anchor.
Predrill a 1/4" hole,13/4' deep
Install anchor using a hammer
Packaging and Dimensions
l Saeg_ ~ Quatititjr/Cofrtattief
Fasteners W(3.it cm) length 1,o00/pail
Nail -In Anchors 11b' {3.18 cm) length
1/4 `16.35mm) diameter 1,00tybox
Anchor Discs 215.1 cm) diameter 1,000/box
Termination Bars I2/f (3.4 cm) width
10' 13.05 m) length I
Mhube
5W' (152A mYWbe
Picducgigilcttttois° Agawam, MA Cleveland, OH Itasca, IL
The point of menufacwrefor fasteners and plates varies depending an the specific pan.
Call your local JM safes prolessibnal for assistance.
Rs-U73 to-17 (Replaces 2-17)
Features and Components
Use: To easily form flashings around comers and penetrations.
Specifically designed for use in areas that cannot be
properly detailed with TPO field membrane.
Material: Flexible, non -reinforced TPO (thermoplastic polyclefin).
Colorax White; Grey; and Tan
System t:Onljlatlblllty Thipmdccrmay6euaadasacanpcnenricrhe%Jbxm+9?YstemsPleasere/erertceprpd tcrappGCario larspeeific±nsrrllaaenmW+adt,aedp+farmaaat.
rSd`'" F •'fit .` I^a'" ` -" ,,;, e ,$ ' a, :a . e
Ao nor toe wAh A?ulti• t
909W with Ilkaael'ocradZ1 e P
F
above.
Koy: HA ; No3.Applied CA a Cgld App 1 iMt= Haat Weldable SA, =ySoff Adhered MF = Machariically Fastened FA a I* Adhered BA = Ballasted
e
Physical Properties
MINIM
Tear Resistance lminj 3001bCn (52 5 kN/m) _
Wei M er Unit 0.36IW (1.25 k m=)
Peak Advantage- Guarantee Information
w „
Approved for use in any JM Peak Advantage Guarantee System
Refar to the Safety Data Shoat and product label prior to using this product.
The Safety Data Sheet is available by calling IBM) 922 5922 or on tW,.Web at
www.lmxoM1roer1ng:
Installation/Application
F*Adbered HoikWoti1
Do not install JM TPO Detail Membrane in direct contact
with asphalt.
Referto JM TPO applicator guides or detail drawings for
instructions.
Packaging and Dimensions -
iRofi-r5s+, _ r_._ 24 z50'(61Giix'1524-m) 43'xW(122cmx1524m)
Niirtiinellhakttess - 0.Iffi0' 11.5 mm) t1 O46
Cove e. ,RoN IOO fe (929 m=) (p=) 2OO ft p6 58 mr} ltrrossJ
r lb (163 kg) 72lb 132.7 kg)
00 M= is waaame m Wh" any.
Storage
Store indoors, out of direct sunlight, in a cool, St:ue.,geConyr£ d.lacation
RS-65811 10-15(Replaces 10.14)
Features and Components
Ma For adhering JM TPO and EPOM membranes to
approved substrates. Do not use on Reece -backed
membranes
Type: One -part, synthetic polymer -based membrane adhesive,
two-sided application.
Substrates Compatible with insulation boards, metal, wood and other
decking materials.
Color. Yellow
System tiompatiblllty rrpaFraQurtaa eaLssrrasaeomanrirtmalodawagsystams,praasamrcvcrxapradarfapyxaborrrorsporkcinstaatBmrmcadsandarAmaratiun
r S
u< I -- r - De not uae A9nlN•P . midadhere Ji9embraaes is the satecR;Muw&6=6aboue Key:
HA Hot Applied CA = Cold Applied HW _ Heat Weldable SA = Salf Adhered BAF c Moohanicagy Fastened FA = Fully Adhered 9A Masted Energy
andahe Environment IMawmum ,
u '
660 I(EPA Method 24) Physical
Properties Wei
t pu4fd(amml SecikG0865.
061 Precautions n
rtt
edCaretecttwdt'stmta eyesshaaldbeave autdtlte P Q'!+
vnernalaoiddha+sart: -- _ Exposure Window
Johns Manvillerecommendsimmediate
and complete use upon opening. Use open
containers within 48 hours of opening. Replace lid on can
when not in use. Adhesive that has changed color or viscosity is no
longer usebie. Refer to the
Safety Data Sheet and product label prior to using this product The Safety Data
Sheet is=available-by calling jB00) 923-5922 or on the Web at www.im.eomkoofing.
Installation/Application Log
Nap Ruhr
AmbientTempelretttre Ranges ApldyMen
ambient temperahlre
is25°Fand rising Do NOT apply
Men dew pointis within I0°F or closer to ambient. Adhesive Temperature Ranges:
Adhesive must be°
greater than 32-F. 0 adhesive falls
belaw321,, place back in warm area until temperahue is 60°F or
greater. Da not apply
adhesive near seams or splices where a hot-air welder or seam tape will
be used. a Do Not
Thin. Packaging and Coverage
5 a1(1851)
pail 35.5 lb (
16.6 k ) Cove s „Ails` _
l dad) 50 - 90 f l agon {).23 - 2A3 mill) Coverage,openw ddrytimeratosc
mmydramMkaNdepand ng onthapar inhrwbnrate and ermrtprnenntalcoaditams; Caverageratea
statedhereia areapprozimals only. IfFMelobal°orUl°appmvWhreoirtAccmnttWo
elcRoalNaw"orthoULCO&ihcatws Directory for spuft
appkcatio n ralaa. Storage iShf3lf Ltfe `
12
months from manufacture date image Gmett&ttx..
Clean, dry, indoor environment in an unmened container itTtmi
natiue:Ran
a 0-F—lm°Fjl6-C-27°C)-Protectfromfreezing RS 7845 2-
10 {Rapfacmg 12-171
Features and Components
Use: To seal cut edges of JM TPO membrane.
Type: One -part, membrane edge sealing agent.
Colors: Clear (White available - not stocked)
SE
System Compatlbllit flrspraductauybarundas;arampauatinthoro9aw;rrgsy7tcnrxPtonso;re/crcrxcproducrappFeaaomlcripccfieirtsfal ihonmetlmdsandinlnrmsba+
in
Donotnre7nM'+trltLP `.a.
PF xi-:
3Gt.ti:gi+ -
ygqtlser$%
t
ta
tfilmidrrerre
ilv''Y ' ; dwsdmftd
Boy Appl
Applied
HIN ---`
Neat
Weldable SA = Sell Adhered W = Mechanically Fastened AD c Adhered BA = Ballasted Energy and the Environment White: <
25 V AlfaxatntntVOG jEPA
Metltodi24a Near <250gAPhysicalProperties
WeightperUnit(appnxj White:
7.81b/
el 10M ka4l Clear. 72lb/gal (0.0'
k ) Percent Volatile 23%-25% Density,
9.60.9.8016/
al (1.15-1.18) g/ml Precautions Refer to the Safety
Data
Sheet and product label prior to using this produrL The Safety Data Sheet isavailablebycalling1800) 922.5922 or on the Web at www.im.com/roofing. Installation/
Application Bead a Apply
to a
clean,
dry, exposed edge of membrane. Oo not use welding or
cutting torch on or near this container even when empty). Refer to
the application instructions
gtbdel nes for proper utilization of this sealant. Packaging and
Coverage iCo te"
t11ar!Size _ Box
of twelve 16oz 1473.2 ml) bottles w v., ftPm99 fePFJG. White-
14lb (6.
4 k 1/box Clear:131b 15.9 k
llbox 11'•overegeRe ( 8 t k...
a E 270
fin ft°18230lin ml/
bottle with 3V (9.53 mm)
bead r.ovarege,t>panand Mytimerates
canrarydramatieagy depending on the particular substrate audem mwmentalmndaimmCoverageratesstotedhereinereapproximmeonly. R FM elabal° arULe appravatis
mquired,eonsub
specirrc aoOINavm orthe UL Cenirocathns Directory larspecifocappk ationrates. Storage dt7e 12 months
tram manufacture date
State
Clean, dry. indoor environment, unaperted container
T` R Pik 6VF—VF(16°C-
270CI- Protect from freezing RS-7" 8.17 (New)
Features and Components
UM A smooth, cone -shaped boot, for traditional or sprit -pipe
flashing applications to securely seal the penetration.
Pipe boots eliminate the need for field fabrication.
Material• Flexible, smooth, non -reinforced TPO (thermoplastic
polyolefin) cone -shaped boot with preformed flange.
Colors: White; Grey; and Tan
System COmpetibi9ity rinsprad rcrmay6eusadasecoey" nlirrtl8k*wu gsystemsPkasereJerence caAbnlor
1
ersta matYrods andinibiluda
i .. "DOODraSB tldib Co NDIe wfrh foe prefet:ted S' e F " hfeuts'abouo
t{er. NA =Hot Applied CA =Geld Applied HW =Heat Weldable SA = Self /idhered MF Wchan;"caIIy Fastened FA = Wlfy Adhered BA = Sallasted
Peak AduantagOluarantee Information Installation/Application
cysts;.:.....a:.. ., S ._
Approved for use in any JM Peak•Advanta a Guarantee System
ic tir:VJeGI
Refer to the Safety Data Sheet and product label prior to using this product:
The Safety Data Sheet'is available by taping (800) 9224922 or on the Web at
WMIM.con hoofing,
e Each boot has a cutting guide for easy reference and diameter
measurements.
e Do not install JM TPO Pipe Boots in direct contact with asphalt.
e Refer to JM TPO applicator guides or detail drawings for instructions,
Packaging and Dimensions
Sl
Boom pe,r,8mc
No ti aM cm to 1524 cm)
10
V41ei htPer- a f 0.85lb (0.38 kg)
Vller# 'OEM 9lb (4.1 kg)
Standard the pipe comps covering the largest possible wile (trdiameter) areincluded for each
pipe Ma oanensioos teas that 1Sp9 cm) diametermeytequiro ahemative clamps Storage
e
Store indoors, out of direct sunlight, and keep gcleananddrypriortoapplication. RS415111
10-15(geptaces 10.14)
Features and Components
Use: To seal seam laps where perimeter and/or header sheets
intersect (Tyoidt) in TPO systems.
Material: Flexible, non -reinforced TPO (thermoplastic polyolefin).
Colors; White; Grey; and Tan
Product.eppkcadan fasperdec u>ataNadore medtoda and fnfomradon.
a; .=.wrueyoawa-wnuuresarBCiEII 31l)g!e<fY., Sjl¢Y6arS 8bOVB
flew HA r: Hot Applied CA ; Cold Applied Hih = Heat Weldable SA = W Adhered MF $ Mechanically Fastened FA WBy Adhered BA Ballasted
Peak Advantagi iGuarantee Information Installation/Application
LAP proved for use in airy JM PeakAdvanta a Guarantee System
Nei A"v Weld
Refer to the Safety Data Sheet and product label prior to using this product
The Safety Data Sheet is available by calling (800) 9224922 or on the Web at
www4m.contftradng.
Referto JM TPO applicator guides or detail drawings for
instructions.
Packaging and Dimensions
MSW 45111.43 cm) diameter
Patches er Box '.1 100
Weight 3.2110j t.5 kgi Storage
I'"
ImPMi
aStore-indoors,
out of direct sunlight, and keep MAge CO , clean end d prior to application. RS-06
10-14 (Replaces 8-13i
Features and Components
Use: Designed in a waffle pattern for easy installation around
any inside and outside corner.
Material. Flexible, non -reinforced TPO (thermoplastic polyoleffni.
Colors: White; Grey; and Tan
sgofk
Ttpe
FC
cawcom
FW
ris wss
kis a tiara methods anti olairnation.
HA = Hat Applied 'CA = :Cold Appliad .. 'HW = Heat Weldable sA = Self Adhered Mr = Maeha -_a_a FasteT, d AD =Adhered 6A Ballasted
Peak Advaneage_° Guarantee Information
Approved for use in any JM Peak Advantage Guarantee System
Refer to the Safety Data Sheet and product label prior to using this product. The Safety Data Sheet is available by Calling M) 922.5922 or on the Web at
Wmim.cotryroofing.
Instal lation/Application
HomrVHu9d
Referto JM TPO applicator guides or detail drawings for
instructions.
Storage
Stasg® Store indoors, out of direct sunlight, and keep
and dry prior to application.
RS-M7 4-19(Replaces 10-14)
Features and Components
Use: Provides a safe, stable and maintenance -free walkway
for quick and easy access to rooftop equipment in
high traffic areas.
Material: 150 mil (3.81 mm) thick, textured non -reinforced TPO
thermoplastic polyolefin).
Color. Grey
4
sr*9ty
TIP
FZPT
medmdsandidom adoo
Key HA = Hat Applied CA a Cold Applied BW = Heat Weldable SA = Seff Adhered MF = Mechanicaay Fastened FA a Fully Adhered BA = 6ngasted
Energy and'Environment Installation/Application
LEED Recycled Content Post -consumer 0% Post-industrial: 50%
Physical properties
EM r , F*Adhered HaiAirweid
Wai ht ar Unit 0.46 II>/ft= (2.27 k mr) When installing JM TPO Walkpads be sure to:
Peak Advantage0 Guarantee Information
P—M—MVE ENT
Approved for use in a JM Ptbak Advantage Guarantee em
Refer to the safe use, instruction and product label prior to using this product,
The safe use instruction is availablWon the Web etwWw4ra-conilmoOro
Achievefullweld around perimeter of the material. Install
textured side up. Minimize
installing over seams and membrane splices whenever
possible. On
mechanically fastened systems, avoid installing over the disc. Refer
to JM TPO applicator guides or detail drawings for instructions. Packaging
and Dimensions Roll $
Qe N x S(I'.(78.2 cm x 15.24 m) Th
kntc ess . "" MIN 1331 mm) Br
aCotttatte1 Cotrera
roar 125 ftr f11.61 n?) (Dross) Wei
ht r Rolf " ; 58lb (25 3 k9) @
iROi[,8, rr v t 16 Storage
Store
indoors, out of eggdirectsunli ht, and kee clean
and.d prior a lication. P
H
IMI 12.141Raplares4-tot
Features and Components
Use: To seal the edges around flashing terminations, peel
and stick products and exposed edges of JM membrane
cement splices.
Type: One -part, elastomeric sealant
Colors: Black or White
TVW
r
M
FL
System COfipatlhiltty rhspradruraaybowadasa.eamPorteruer,(halonBsYsrerr+sPleasarefemneewa+efaAA&cationkrspceelienntaBariarmcrlmdrand+hlamatrat
WINElm'
I
i Gtaedatseale `end.. kiep - —
HA = Hot Applied CA = Cold _ _ . . _ _ Applied"' HW =Heat Weldable SA =Serf Adhered M a- Mechanically Fastened FA a Fr y Adhered 9A Q Ballasted
Energy and,tlle Environment
450'gh by calculation
Physical Properties
1111e1glit/linit tSeg/SluniASTM QZ202
1181bs/gal 1141 kg/II
w
I40 sag
PresslFlow/F.xaysion Rate - ti a:iASTM 02452)
TM45,F.117,2 C1 .. `70F1211C1S.FYi3:OC1
5.3 sec/ml 2.8 soc/ml lA sec/ml
Oitl• vewas.'mum can vary ueperlo D9 011.Product age and cwd&dmg.
Precautions
Refer to the Safety Data Sheet and product label prior to using this prodacLTheSafetyDataSheetisavailablebycallingIMI9225922orontheWebat
wwwjm.com/roofing.
Installation/Application
heed
Applyto clean, dry, smooth substrates between 4VF and 12VF
i4•C and 41M.
Refer to the application instructions guidelines for proper utilization
of this caulk
Coverage
of 30-
lin
36
can vary dremeuoa0ydepandmg cmthe particular substrate
Wage rates stated herein are approsueateoely.
Storage
Ifillfeia`" 12 menthe from manufacture date
dean, dry, indoor environment, out of direct sunlight,
in an uno ened container
G7 60•F-80IS—C-27•Cl Protectfromfreezin
RS-7M2 10.16 (Repfaces4.16)
Features and Components
To seal JM Single Ply membranes to terminations and
other penetrations.
Type: One -Part, btnyl Polymer -based water cutoff mastic.
Substrates: Compatible with wood, concrete, meta(, plastic, and other
substrates for water penetration prevention.
r.• - , o.o n c mw:nnn1ca4ry ra MOU to 13 NNY Adneretl HA z Ballasted
Energy and the Einfironment
axeraxntiOC •• . liAl
n108OREMMethod74)
ovnalMfTisproductmaybewad
inN&ftd=Gmegtdc kwhargam=pdeOo t Ply me
adhesive to nogreat aYarr Dgti Physical Properties Dom
Weightper Unit(`
ecific
Gra -- M1,
45. B 6 mer/
Solds Solvents 1896 (maxJ'
Note TypicalvabtesshmddrotbecamtruedssguanWaetlanawaofONspecdickitoras speeifcation
hems. Precautions
Refer to
the
Safety Data Shoot and product label prior to using this product. The Safety Data
Sheet is available by calling (8M) 922-5922 or on the Web at wvaAaim.eonllroofing. Installation/
Application Bead
a Apply
when
the ambient and substrate temperature is 40°F (5°C) and rising. a
I}a
not use in applications where the caulk is exposed to direct ultraviolet, rays. e
Referto the
application instructions guidelines for proper utilization of this sealant
Packaging, and Coverage
CaMainerSrie }. ` = Box of
twelve 11 tiz (32531 ml) tubes PP41i 15Ili (6.
8k Vbox i6oues, i PtBet ' ` " " 105
f
15doIt(
4.57Onm)
per tube Caverage,openanil&ytimerates can
varydramaticaoydepavA gonthepamicular subsvate and envim-emat conditions. Coverage
rates stated herein are epprosimate only. Storage Shelf LiFe=s Aga
12
months from manufacture
date
Clean, dry, indoor environment, out
of direct sunlight. to an unopened container
hTe . eratttre 401- 90-F (
4.41C-32T) - Protect from freezing RS-8226 615(Replaces s.
14)
Energy and the `Environment
650.gA (EPAMethod24)
Physical Properties
Weight perunit(apprax.) _. 7Ib/gai(084kg%q_
Specifu Gravity O.870
Precautions
Refer to the safety Data Sheet -and product label prior to [sing this product.
The Safety Data Sheet'ts avallable by caging (800) 922-5922 or an the Web at
WWWOXOM/roof€ng.
Installation/Application
INAIA
gotA. atura1641
Membranes
of flashings that havebeen exposed to weather or the elements
longer than seven days must be cleaned with JM TPO Membrane
Cleaner prior to welding. Refer
totheapplication Instructions guidelines for properudlization of this
cleaner. Packaging;and
Coverage Cottl3i¢5i (
3.f} i) 5 al(18.93p ait EI 7Ib(315,k } AN,IiA33 ) 400'ft'/
of{9.82rn'/I} Ca sr
eopenmd+brtYs,erazeseanvur Y P ga+thersmtinAaz s,trete tf FM
Gbbcartdtlons. [awvage rates stated tsere4r are a pprm wte otdy: approvalisre*&ed,caaudtVW,
KRodN&jwortheULCertlfiwticns Dif-CUoN f-
spadfic app9caUort rates. Rmrage SlfeiF!>$e
t
nwths from manufacture date Storage totidltkms Clean,
dry, indow environ nWnt, out of direct sunl litin anunopenedContainer60-F-WF(
16°C-27-0- Protect from freeze RS-Mi 2-
17meoace$4-15)
Meets orexceedsthe cfbdaforASW DSM
Features and Components
Lbe. Primarily used tO'strip;in` flashing details, gravel stops,
TPO coated metal faints, and exposed fasWners'in the
roof field.
Material: Flexible, 60 mil (1.52 mm) thick, reinforced TPO
thermoplastic polyolefin).
Color. White;Grey; and Tan
e
s0N
TWO
MS
mom°
FE
nwmf*
and ierarnm k-
Key HA llct Applied CA =.Coh! Applied HW =Heat Weldable SA Self Adhered IflFt$ Mechanicatly Fastened FA _Fully Adhered BA = Ballasted
Peak AduantagRO-Auarantee Information
Ap oved foruse in a ' JM Peak Ail`vantage Guarantee,S m
Refer to the Safety Oats Sheet and product label priorto using this product
The Safety Data Sheet 1s eeasable by cOng IBM) 922Y5922 or on the Web at
www4nIX mfrooreng.
Installation/Application
HWAirweW
a Oo not install JM TPO Reinforced Cover Strip indirect contact
with asphalt.
c Referto;JM TPO applicator guides or detaildrawings for instructions.
Packaging;
and Dimensions IRti{#
t v ' IVomrnal
lhickne _ ° 8'
x50" (20.3cmx 1524m} 0.
060' 11.5 mm) 1Ne1
M`e'rRoll 111b (5A kg) 11er1iedlalb
rJ 33.3feJ3.10mt) lineerpftim}."
per,Rog 50 fin N15.24lin m) Storage
Mr
9eCodtlidalsStore indoors, out of direct sunlight, and keep clean
and dry p4orto application. RS-
5542 10•15tReplaces 10.141
d
r_
Building Owner:
Name
Address
City, State Zip
Building Name:
Name
Address
City Stata Tin
Apprc
Term;
Cover
Th
Peak Advantage Guarantee
P I A K'14ADVANTA6E
Guarantee !Number: Sample - not Issued
Expiration Date:
These Johns Manyitk GuorontcW compoaents,arpferred to shove ss the "Roofing SYSWar and ALL OTI IER COMPONENTS OF TI IC OWNER'S BUILDINGAREEXCLUDEDFROWTHETERMSOFTiiISGUARANTLE.,includmg any amendments thereto,
Johns Manville° guarantors to the original Building Owner that during the Term commencing with the bate of Completion (as defitted ahoy). JM will pay for the
Ftrntmerls and' labs reasonably requued mJohns`hfvifle's sole atnl absohur discretion to rrpa"u the Roofing $ystetn to retain it to a watertight condition if leaks occur
pneatnaersoieRooting System, or wtxLmanship defreiencics only to theimtheyarisesotelytautoftheapplicationoftheRooCmgSystem, Non•leaking blisters arc speciftally excluded frtxin wvcrage. Should any investigation orsolepectionrcvea[ the cmusc of a reparoed kak to be outside the scope aCcovcrrgc under this Guaraatec, thrn all such investigation and inspection vests shall be homelybytheBuiGlingOwner.
WHAT TO DO IF YOUR ROOF LEAKS
If you should have a roof leak please refer to directions on tlie: nwcrse side. Failure by the Building Owner to comply with any of the directions on the reverse side ofthisdocumentwillratdcrthecoverageprovidedunderthisGumnnlce, including any applicable,amadments and/or riders, null and void.
LIMITATiONS AND EXCLUSIONS
This Guarantee is not a maintenance agreement or an insurance policy; therefore, routine inspections and maintenance are the building Owner's sole responsibilityLeereversesideofthisdocument). Failure to follow the Maintenance Program on the reverse sale of this document will void the Guarantee in its entirety. ThisGuaranteedoesnotobligateJMtorepairorreplacethe.Rooling System, or any part of the Roofing System, for Inks or appearance issues resulting, in whole or in part, from one or more orate following (n) naturaldisasters including -but not limited to the direct or indirect affect of lightning, flood, hail storm, earthquake, tornados, hurricanesorotherextraordinarynaturalocceurcncesand/or wind speeds in excess of 55 miles per.hour, (b) misuse, abuse, neglect or negligence; (c) installation or materialfailumsotherthanthoseinvolvingthecomponentmaterialsexpresslydefcodaboveastheRoofingSystemorexposureoftheRoofingSystemcomponentstoDamagingsubstancessuchasoil, fertilizers, or solvents or to damaging conditions such as vermin; (d) any and all (t) changes, alterations, repairs to the Roofing System, including, but not limited to, structures, penetrations, frxtums or utilities (including vegetative and solar overlays) based upon«or,tltrough the Rooting System as well as any (ii) changes to:ttc Building's usage that are nor pre -approved in writing by JM; (a) failure of the Building. substrate (mechanical, structural, or otherwise and whether resultingfromBuildingmovement, design defects or other causes) or improper dminage; (I) defects in or faulty/intpwper design, specification construction or engineeringoftheBuildingairanyareaoverwhichtheRoofingSystemisinsiallcil; (g) defects in or faulty/improper atehiteclural, engineering or design paws of the RoofingSystemorBuilding, including, but not limited to, design issues arising out of improper climate or buildingeerottc compliance; or`"(h) in instanc s of a recover Project, Johns Manville is not responsible Cor thrperformancc afore -existing materials dmt,prcdatrd the mcover. inst d; Johns Wlanvillc's Floresponsibility in recover systemswhereJMmaterialsareadheredtoexistingmaterialsislimitedtbtheinstalledrecover )M Roofmg materials up to the"wind speed listed herein. Guataltte c coverageislimitedtoreplacingrecover.JM Roofing materials only (and not the,pre-existing materials — which is the?0waer-s respo bility) as mquireel to return the Willing
system•to a watertight conditiomdue to a claim covered tmderilie terms and conditions herein. Johns Manville is nota espaasiblr for i rols . es or magcs resulting
from any, wau-r•entry from any potion of the Building suuclure not a part of the Roofing System, including, but Q01imilcd to, dctcrioratran of the roofing substrate, walls, mottrtr joints,llVAC units and all other non -Johns Manville materials and metal con . ` poticihts. Moreover, rite Building OwteK-is'solcly and absolutely responsibleforanyremovaland/or replacement of any ovaburdems, super-stratay y ^Y
r System
for inspcctiwi andforrepair. or
overlays. m Corm whatsoever, as reasonablyr>{tin expose the Roofing This
Guarantee becomes effective. when (1), it is delivered to Owner, and (2) oil bdlstfor msmllation am t naps, and services have lx e n paid in full to the Approved RoofingcontractorandtoJM. Until that time, this Guarantee is not in foicc; has,no effect - and JM_ under no obligationwhatstxv" atop perform auy service rk. The.
Parties agree that any controversy or claims relating to this Guarantecishall be first submitted to mediation undo Ute Construction Industry Arbitration and MediationRulesorateAmericanArbitrationAssociation,(ttcgular Track Prueedq ire) ar to such oth ,medintwn arrimgemmt as the parties mutunliy agree.. No court or othertribunaLshallhavejurisdictionuntilthemediationiscompleted. In anyrocti"o or procce diitg,h oughtagainst the BuildingOwner to enforce this Guarantee or to collectcastsduehemrvnder, Johns,Manville shall be etititied to.=ov"erits Masonablc.costs; expenses and fees (including expert witness' fees) incumd in any such actionorprocerdingnctuclibg, without limitation, attorneys'-fees aiid`pe and ate Hmtiit gmg -Owner shall:+ it. TO
TEIE FULLEST EXTENT PERMITTED DS' LAW, Jhi DISGLAIh[S ANYIhIPL1ED WARRANTY, INCLUDING THE WARRANTY OF hIERCHANTABILITYAND•THE \YARRANTi' OF FITNESS FOR A I ARTICULAR PURPOSE, AND LIMITS SUCH WARRANTY TO THE DURATION AND TOTHEEXTENTOFTHBEXPRESSWARRANTYCONTAINED14=TI'iISGUARANTEE ER
T THEEXCLUSIVERESPONSIBILITYANDLiABI_L1: OF JAI UNDl•tIS GUARANTEE IS TO MAKE REPAIRS NECESSARY TO MAINTAIN THE ROOFINGSYSTEMINAWATERTIGIITCO14 ,1TIOIJ` IN ACCORDANCE IVtTEI fHfiaOBL1GATIONS OF JM UNDER, TIIIS GUARANTEE. JM AND ITS AFFILIATESWiLL, NOT BE LIABLE FOR ANY INCID6NTAV OR*CONSEQUENTIAL DAMAGES TO TIIE,BUII;UING STRUCTURE (UPON WHICH ITHE ROOFINGSYSTEMIS' AFFIA6) OR ITS CONTENTS AND OR CUPANTS, LOSS OF TIME OR PROFITS OR ANY INCONVENIENCE, INJURY. JRI SHALLNOTBELiABLEFORANYtCLAlh1AiADGAGAINSTTHEBUILDINGOWNERBY:ANY THIRD PARTY AND THE BUILDING OWNER SHALL INDEMNIFYANDDEFENDJM °AGAINST AN1' CLAIhI 9l0UG11IT BY ANY"THIRD PARTY' AGAINST JM RELATING TO OR ARISING OUT OF THE ROOFINGSYSTEMORJhl'.S OB>;1GAT[ONS UNDER THIS GUARANTEE. =JM AND ITS AFFILIATES SHALL NOT BE LIABLE FOR ANY DAhdAGES WHICHAREBASEDUPONNEGLIGENCC, BREACH OF WAR"R"', STRICT LIABILITY OR ANY'OTHER THEORY OF LIABILITY OTHER TITAN T11E EXCLUSIVELIABILITYSETFOR7TillNTHIS"GUAR'ANTEE. TH`1StdUARANTEE DOES NOT COVER, AND EXPLICITLY EXCLUDES, ANY AND ALL INJURIES, CLAIMS ANDIOR DAMA6 S RESULTING ItV WHOLE OR iN PART, FR06CANY WATER ENTRY FROM ANY PORTION OF THE BUILDING STRUCTUREllsigyDtNG. BUT NOT LIMITL;D)GO' TI iE ROOFING SYSTEM. No
one is authoiued W"c tenc, alter; or mods Y da ;; gt3' provision of this Guamuhtee etduv than the Manager, Guarantee Services or authorized delegate. JM's delay or failure inenforcingiltetemurandconditionscontactedtathisGuaranteeshallnotoperateasawaiverofsuchternsandconditions. This Guamntcc is, solely for the bencfht of the. Building Owner ulcallre:d above and =Buiklirrg tawrter s rights hereunder arc not assignabl . Upon sale or.other trmtsferof the Building, Building Owner may request transferoriisGuaranttgie5nnewowner, a4hi,may tninsfer this Guarantee, in its sole and absolute discretion only after receiving satisfactory information and paymentatmosferfee,.whtch must be:paid no later thaa:30 day. after the dale ofBuilding ownership transfer. rt • '
In
the event JM Pays'repairs which err"ieegttired due to the acts or omissions of others, JM shall be sub extentoftheamountoftherepairsto8mWto all rights of recovery of the Building Owner to the Because JM
does not pract k Emgrneermg or Architecture, neither the issuance of this Guarantee nor any review of the Building's constriction or inspection of roof plans (orateBuildingsroofdeck) by JM mitmentalm shrill constitute any wan ntty by Jhf'of such plans, specifications, and construction or in anyway constitute an extension ofthewmts.and conditions of this Guarantee. Any roof inspections are solely for the benefitofJM. JM does,
not supervise not is ittesponsible fora Wafmg contractor's work cxcept.to,the extent stated herein, and mofmg contractors are lint agents ofJM. JOHNS MANVILL.
E.("JM") is a Delaware corporation withrhs.principalmailing address at P.O. Box 5109, Denver, Colorado 90217-SIOS. By: Robert
Wamboldt Attorney -In -
Fact Title' MeePresidentBGer>3ral Manager Roofing Systems
Group
Maintenance Program
In order to continue the coverage of this Guarantee, the following Maintenance Program must be Implemented and followed,.
1, BWiding Owner must notify, JM Guarantee Services Unit (see below) immediately upon discovery10) days after initial discovery of the leak, time being of the essence. Failure of the Bulk ing Ownerof the leak and In
o
evert later than ten
Services of any leak is a material ground for termination of the Guarantee. to provide timely notice to JM Guarantee
2. In response to timely notice, JM v4I arrange to Inspect the Roofing System, andi) If, in JVs sole and absolute opinion, the leak(s) Ware the responsibility of JM under this Guarantee (see Limitations andExclusions), then JM will take prompt appropriate action to return the Roofing system to a watertight condition, orit) if, in JM's sole and absolute ophdort, the leak(s) islare not the responsibifity,of JM under tttls Guarantee, then JM will advise theBuildingOwnerwithinareasonabletimeoftheminimumrepair; that JM belie s are required to return the Roofing System to awatertightcondition. It the Building Owner, at his expense. Promptly and timely makes such repWm to the Roofing System (timebeingoftheessence) then this Guarantee wfil remain in effect for the unexpired portion of I!gjTiW. Failure to make any of theserepairsinatimelyandreasonablefashionwillvoidanyfurtherobligationofJMunderthisGuaranteeastothedamagedportionoftheRoofingSystemaswellasanyotherareasoftheRoofingsystemimpactedbysuchfatfue.
3. In the event anemergency condition exists which requires.lmmediate repair to avoid damage to . utlding; Its roar ants or occupants, then BuildingOwnermaymakereasonable, essential temporary repairs. JM will reimburse Buitding Owner:for, those reasonable repair expenses onlytotheextentsuchexpenseswouldhavebeentheresponsibilityofJMundertheGuaranteeThere
are a number of Items not covered by this Guarantee that are the sole, exclusive ms your
new roof will continue to ponsibility of the Bulding#Owner In order to ensure that performitsfunctionandtocontinueJWSobigallonsundertheGuarantee, you ";examine afi 'malntain these Itemsonaregularbasis: Maintain
a file for your records on this Roofing System, including but not limited to,;this Guarantee. Invoices, and subsequent logs of all InspectionsperformedandrepairsthataremadetotheRoofingSystemexy
InspectyourRoofingSystematleastsend -annually. This isbest done in t-;he spring, after ".Roofing System has been exposed to the harsh winterconditions, and, in the Fall after a long hot summer. It is•aisofa good Idealto exrarrril -Wile Roofing System for damage after severe weatherconditionssuchashailstomns, heavy rains, high winds, e , Since
these types or Rooting Systems typically have a low slopeIh t w
and
other accidents. JM expressly disclaims and assumes no Iieb ffyoe ny inspns parfo on the Roofing S;aie
must mn to prevent falling When
checking the Roofing System: Remove
any debris such as leaves, small branches, din, Clean
gutters, down spouts, drains and the surroutdi4i drainage
is essential. S Examine
all metal flashings and valleys, for rust and dameg certain
they are well attarItmad and sealedi'Anyidamaged; Contractor
only., Examine
the areas that abut the Rooting Syste Darnagecany
loose stone or Ile coping can appear to be amantb"reni be
defective. Examine
the edges of the RoofingAystemWind d`arnage c corrected
by a JM Approve Ooolf4' ontractor, Examine
a roof to anyP equipment stx;h;asibir condilloners, i cause
a root problem by laaking materials onio'the Roofing Check
the building exterior or_seEtlemermt`or movemmenl,Stn leaks
in your Roofing System. Exandn.
a MIecRcoatings; any,,cractcad, flaking, or blisten that
allow
water to flow oft the Roofing System. Positive iced
by wind or traffic on the Roofing System, and make materials
must be repaired by a JM Approved Roofing vy,
poorly mounted counter flashing, loose caulking,, bad mortar joints, and Have
these items repaired by a JM Approved Roofing Contractor if found to bias
In these areas, Materials that have been lifted by the wind need to be move
coolers, antennas,, etc. Make certain they do not move excessively or movement
can Cause cracks and other problems which in turn may lead to areas
must be recoated. Protect{
Ling-your investment '4 Avoid
unnecessary roof top tranie VeIfyoujatioweq#7Mht servicemen toEgo onto the RoofingS Dropped heavy eRWPmenI, etc. can ystem, advise them to be careful Oro d tools, hes damagethemembrane. Log all;such trips to the Rooting System. ContradDo
not aow service parso iel to make penetrations Into the Roofing System: these are to be made only by a JM Approved Roofing All
the terms and condidotuof this Guarantee shall be construed under the internal law of" state of Colorado without regard to its conflicts of law principles. Invalidity or urtenforceablily of any provisions herein shall not affect the validity or enforceability of any other provision which shall remaininfullforceandeffecttotheextentthemainintentofthedocumentispreserved. This
form Is not to be copied or reproduced in any manner. This Guarantee is valid only in the United States of America. Guarantee
Services Mailing Address: Shipping Address: 800) 922.5922 Johns Manville Johns MarrvNle E-mail: gsu@jm.com Guarantee Services Guarantee Services www.lm.eomfroorm P.O. Box 625001 10100 West Ute Avenue Littleton.
CO 80162-5001 Uttieton, CO 80127
May 30, 2018
CP Rankin Inc
4377 County Line Road Suite 2B
Chalfont, PA 18914
RE: Wal-Mart #857
To Whom It May Concern:
Johns Manville
James Nunns
Technical Services Rep
Roofing Systems Group
10100 W Ute Ave
Littleton, CO 80127
800-922-5922 Option 3
nunnsj@jm.com
The above named contractor is currently a Johns Manville Approved Roofing Contractor In good standing, certified as a Pinnacle Level Contractor. As such, thecontractoris eligible to receive Peak Advantage Guarantees
for Johns Manville TPO roofing systems. 'These guarantees will be issued to the contractor in accordance
with all procedures and requirements of the Johns Manville. Peak Advantage Guarantee Program. Building
Information ASCE
7 calculations were performed using information supplied to Johns Manville that has not been verified. ASCE
7 (2010) Velocity
Pressure is determined as follows: 1)
qz a 0.00256 Kh'K,: Kd V2 Building
Height, ft 30 Enclosed (
E); Partially Enclosed (
P); Open (0) E Exposure
Category B Directionality Factor, Kd 0.85 Wind
Speed, V (mph) 144 Topographic Factor, K. 1.0 Velocity
Pressure Building
Category III/IV Exposure, I(Kl 0.70
qz. 31.
59 Design Pressure
is determined as follows: 2) P =
0.6gz (GCp - GC i) GCp GCPI
Field 1
18 Perimeter 1,
8 18 Corner 2.
8 18 Solving for
P yields: Calculated Pressures
FBCIMIFi
i
Dade Field
Pressure (
psf) 22.36 30 Perimeter Pressure (
psf) 37.52 45 Corner Pressure (
psf) 56,47 go
Roofina.AsSemblv.Saction AMC nrnnnenel iw 1..6-- 0.e__..211
Deck.
y.Y... Os", Y v 1KNIO
Steel, min 22. a - . _.
Existi Remove existi-no roof :to the, steel,deck
insulation: ENRGY 3 -1 layer 1.15°,1 layer 2:1 ", Preliminarily fastened with 5 fasteners perTaperedandcricketboard (4'X&) in all areas of roof using UltraFast
Membrane: JM TPO 60 mil 8 ft-sheets
Fasteners and Plates
Field fastening: 12" o.c.; Perimeter fastening:
5ft sheets fastened 12" o.c.; Comer fastening:
5ft sheets fastened 6" o.c. using High Load
FJashings: 7JMTP06OrMII
Fasteners and Plates
Adhered using JM Membrane Bonding
Adhesive TPO & EPDM
Roofina Assamblu Slaetinn Roe nMn —A &w i—L- 0A—__2/1-
Deck:
Existing: Remove existing. roof membrane Ail wet/damaged materials must be completelybetweenrowsoffastenersremovedandreplaced. All flashings must be
removed and all drains cut out and new sumps
Installed.
Insulation. Tapered ENRGY 3-crickets Preliminarily fastened with 4 fasteners per
board (4'x4').in all areas of roof using UltraFast
Membrane: JM TP0 60 mil 8'fCsheets
Fasteners and Plates
Field'fastening: 12" o.c.; Perimeter fastening:
5ft sheets fastened 12" o.c.; Corner fastening:
5ft sheets. fastened 6" ox. using High Load
Fleshings: JM TPO 60 mil
Fasteners and Plates
Adhered using JM !Membrane Bonding
Adhesive ,TPO & EPDM
Perimeter and Corner. Dimensions
Perimeter and comer dimensions for buildings less than 60 ft. in height:
Equal to the smalier of:
0 0.1 times the building lesser plan dimension (overall length or width)
0.4 times the eave height,
but will never measure less than,.0.04 times the buildingtesser plan dimension and never less than 3 ft.
Perimeter and comer dimensions for buildings greater than 60 ft. in height:
Equal to 0.1 times the building lesser plan dimension (ove.rall.length or width), but never less than 3 ft. Corners are "L" shaped with legs twice the width of the perimeter.
Buildings with continuous parapets 36" or greater may treat comers as perimeters.
Ensure any whole or partial insulation board that falls within the calculated perimeter or corner has the increased
securement-applied over the entire board. This must also be true for any roof coverlbase sheet width when the rollisparalleltothebuildingedge.
Johns Mantille is a manufacturer ofcommercial roofing products and offers this general conceptual.information to y au as a cawexu; This complimentarassistanceisnottobeerredorreliednpon.tj,any one as.a subsdtutefor professionalengineering design ar documentation requiredaby! building code, contractorapplicablelau-i By accepting these comments yowagr ee they do not constitute arty_representations, endorsements of, or an assumption by Johns ManvilleofanyIlabilityfor "either the adequacyofthe design ofthA building arofany material not supp led byJohns elfanriile, 7hesetommenrs arefarJohns Manvilleetlote. pwpases only.,., Additional regiurements may. be necessmy. as determined bt• imtract documents, buildirrr code and regulations,. or governing0
Performance/ Technical Information
Fastening densities are consistent with Florida Building Code FL1 1475-R8 construction SC-126
This system meets UL Class A up to 1/2" per foot slopes as tested in accordance with UL 790,
All Johns Manville materials Installed as listed above are compatible and made in the USA. The system(s) shall beeligiblefora20yearNoDollarLimit (NDL) Johns Manville Peak Advantage Roofing System Guarantee wheninstalledbyacertifiedJohnsManvillecontractorandinspectedandapprovedbyaJohnsManvilleTechnicalRepresentative. AII'matedals supplied or marketed by Johns Manville Will be covered under the terms andconditionsofthisagreement.
Thank you for your interest In our roofing products and services. Please contact Johns Manville if any informationisincompleteorIncorrectsothatappropriatemodiftoptionscanbemade. If you have any questions, please donothesitatetocontactourtechnicaldepartmentat1400-922-5922 Option 3.
Regards,
James Nunns
Technical.Services Rep
Johns Manville Roofing Systems
Johns Alanvide is 'a manuOcturer ofcommercial roofing Products and offers this general conceptual hTfiarmation to you as a courtesy- Ibis complimentaryassistanceisnottobeusedorrelieduponby -)— -a sulutitutcfarPrOYissional engineering design or d—menuition required bild g E. tractorapplicableibsi-w By acc;p1ing, #*Cjc re AY u in cad can
oaxY libbJ110,Jor either the adiquaW Comments you agree the ,do not Constitute qny-representailoks, endorsements of or an assumption by Johns MamYileOfthOI(sii'lofthiiOWldi,jgorofa,nsInatel;id-l-uPP!iidbYJOhniAlant-ille. 7hese comments arefarjohns ManrlileGuaranteePluposesa*., Additional requirements may be necessatyas determined by'contract documents, building code and regulations. or governing
APPROVED
WALL / SUBSTRATE
8* (203,nn)
IM TPO MEMBRANE ADHERED
TO WALL WITH JM APPROVED
MEMBRANE ADHESIVE (SEE DETAIL T-FW-Mi)
JM TPO MEMBRANE ADHESIVE
FOR ADHERED SPECIFICATIONS ONLY)
JM TPO EDGE SEALANT IF REQUIRED
JM TPO MEMBRANE ADHERED
OR MECHANICALLY FASTENED
JM APPROVED FASTENER AND PLATE
PENETRATION DEPENDANT ON DECK
MAtERIAL,(S). SEE SPECIFICATIONS
FORfURTHER, INFORMATION
I 12"(36.nim) MIN. WELD
CONTINUOUS)
APPROVED DECK
NOTES: IV . - I I .
1. REFER TO JOHNS MANVILLE WEBSITE (www.jm.com) FOR MOST UP-TO-DATE INFORMATION.
2. PLEASE SEE SINGLE PLY FLASHING SPECIFICATIONS FOR A FULL DESCRIPTION OF INSTALLATION
INSTRUCTIONS AND REQUIREMENTS WHICH ARE CONSIDERED A PART OF THIS DETAIL.
3. ANY CARPENTRY OR METAL WORK SHOULD BE DESIGNED AND CONSTRUCTED IN ACCORDANCE WITH LOCAL CODE REQUIREMENTS AND/OR
PROJECT SPECIFICATIONS. THESE COMPONENTS SHOULD BE REVIEWED AND APPROVED BY A LICENSED DESIGN PROFESSIONAL
4. JM TPO EDGE SEALANT IS REQUIRED ON ALL CUT OR NON -ENCAPSULATED EDGES OF
REINFORCED MEMBRANE. THIS INCLUDES FACTORY CUT MEMBRANE (SEE DETAIL T-MS-01).
5. THIS DETAIL IS ALSO SUITABLE FOR TERMINATION OF FLEECE BACKED MEMBRANES. NON FLEECE BACK MEMBRANE IS REQUIRED FOR WALL FLASHINGS.
BASE TIE-IN (FASTENER & PLATE)
DRAWING NO.
M7
TYPE ISWE DATE JOhNIAM - Vbb4MWA&ChffW0l mean
Zr 1, bi. - loywasao tm..Pw I im
TFO 8-n-1 7 T.
FW-cn)3 mum WARWEE TERM SCALE raw
1 REPLACESTB-26 30 EYEARN.T.S d"lFQlthkbAft0raW MiWWr0aVpbdbj Johnsmwwllo
141 "008'
FULLY ADHERED
WATERPROOF MEMBRANE
V CONTINUOUS TERMINATION
BAR MTH DRIVE PIN OR SCREW
ANCHORS AT 12" CC
HEAT WELD OR ADHESIVE
ATTACH TO ROOF
EDGE SEALANT
cli -
ROOF MEMBRANEr:hl2 _/
I fl®iu®
FASTENER!1A\PLAT—! lil,' INSULATION
STRUCTURE (
VARIES) ACE
OF WALL
PIPE PENETRATION
JM SINGLE PLY LVOC CAULK (AT TOP
OF CLAMP - SLOPED TO SHED WATER)
STAINLESS STEEL CLAMP AND SCREW
4'
Y
JM SEALING MASTIC
t (BETWEEN PIPE AND NECK OF BOOT) A ,
0
JM APPROVED FASTENER AND PLATE
MIN. 4 AROUND PIPE
PENETRATION DEPENDANT ON DECK
MATERIAL(S). SEE SPECIFICATIONS
FOR FURTHER INFORMATION
PRE -MOLDED TPO PIPE BOOT
NOTES:
1. REFER TO JOHNS MANVILLE WEBSITE (WWW.Jm.com) FOR MOST UP-TO-DATE INFORMATION.
2. PLEASE SEE SINGLE PLY FLASHING SPECIFICATIONS FOR A FULL DESCRIPTION OF INSTALLATIONINSTRUCTIONSANDREQUIREMENTSWHICHARECONSIDEREDAPARTOFTHISDETAIL.
3. ANY CARPENTRY OR METAL WORK SHOULD BE DESIGNED AND CONSTRUCTED IN ACCORDANCE
WITH LOCAL CODE REQUIREMENTS AND/OR PROJECT SPECIFICATIONS. THESECOMPONENTS SHOULDBEREVIEWEDANDAPPROVEDBYALICENSEDDESIGNPROFESSIONAL. mE
TYPE, TPO
PIPE BOOT JoMMW'
ftbamwxhctraofinenaitldrooP 9Drodudsend afts can d REPCACES'TF•50S JMTPO inabnroywmaeovr fend, ll"m 13 mrooe .,"Idd r,py ayanessesuesds tatm 9teqrateYbu®eY5 SG+LE 19SUEDATEAAAkIMUM'GUARAKIHETOM coge.wntr:<tor bar.6y°ea ePoB'u eCannmrnbYau esem aoa my 1 11 N.
T:
S
7-i1-17 30 YEAR '_W_a!P7®a yhoram n.wdNu ilrMwwlAl. w:.lix-. _ew®_ wsa_
VENTSTACK
GALVANIZED METAL
ROOFJACK
ROUND CORNERS
OF ROOF JACK - I
TUNBER HOLE
HEAT AND STitETCHRCA JM'
O DETAIL MEMBRANE
VERTOPOFJACKTO
s
RBATE 11 TURNdp
MI TPO MEMBesple
WOOD BLOCKING
FLUSH W/INSULATION
apP Rov
o o
k
APPROPRIATE CAULK
GALV. STORM COLLAR WITH
DRAWBAND AND SCREWS PLACED
DIRECTLY ABOVE THE TOP OF
FLASHING.
JM SINGLE PLY LVOC CAULK
S.S. CLAMP AND SCREW T
B' MIN. FLASHING
JM TPO EDGE SEALANT {
IF REQUIRED L
WRAP AROUND JACK, WITH BOTTOM 2-
FOLDED UP. SIMULTANEOUSLY HEAT,
STRETCH & WELD TO FIELD MEMBRANE
AT BASE AROUND PIPE TO FORM 2"
TURN -OUT FROM VERTICAL JACK.
AFTER SHAPING, ADHERE TO THE JACK.
NOTES:
1. REFER TO JOHNS MANVILLE WESSITE (WWW.Jm.com) FOR MOST UP -TO -.DATE INFORMATION,
2. PLEASE SEE SINGLE PLY FLASHING SPECIFICATIONS FOR A FULL DESCRIPTION OF INSTALLATION
INSTRUCTIONS AND REQUIREMENTS WHICH ARE CONSIDERED A PART OF THIS DETAIL.
3. ANY CARPENTRY OR METAL WORK SHOULD BE DESIGNED AND CONSTRUCTED IN ACCORDANCE
WITH LOCAL CODE REQUIREMENTS AND/OR PROJECT SPECIFICATIONS'. THESE COMPONENTS
SHOULD BE REVIEWED AND APPROVED BY A LICENSED DESIGN PROFESSIONAL.
A. JM TPO EDGE SEALANT IS REQUIRED ON ALL CUT OR NON -ENCAPSULATED EDGES OF REINFORCED
MEMBRANE. THIS INCLUDES FACTORY CUT MEMBRANE (SEE DETAILT-MS-01)
i
N.T S 1 11.17 16.
EQUIPMENT FLASHING BY OTHERS
MAY INCLUDE HVAC EQUIPMENT, Pr\/ _O
SKYLIGHTS, ROOF HATCHES, ETC.)
PREFABRICATED METAL CURBT71
2 X 4 WOOD NAILER
APPROPRIATE FASTENERS AT 6" (lS2 mm) O.C.
APPROPRIATE GROMMETED
FASTENERS THROUGH COUNTER
FLASHING APPROXIMATELY 12" (304 mm) O.C.
r COUNTERFLASHING SKIRT
0 APPROVED SUBSTRATE
z JM TPO MEMBRANE ADHERED TO
W WALL WITH JM APPROVED MEMBRANE
ADHESIVE (SEE DETAIL T-FW-MI).
Z
g JM TPO MEMBRANE ADHERED
M TPO MEMBRANE ADHESIVEEFORADHEREDSPECIFICATIONS ONLY)
N JM TPO MEMBRANE ADHERED
a OR MECHANICALLY FASTENED
JM APPROVED FASTENER AND PLATE
PENETRATION DEPENDANT ON DECK
MATERIAL(S)'. SEE SPECIFICATIONS
FOR FURTHER INFORMATION
JM TPO EDGE SEALANT
IF REQUIRED
1 Ill' (3B Mm) MIN. WELD
CONTINUOUS)
3" TO 8'
mm TO 203 mm MAX.
APPROVED DECK
NOTES: i
1. REFER TO JOHNS MANVILLE WEBSITE (www.jm.com) FOR MOST UP-TO-DATE INFORMATION.
2. PLEASE SEE SINGLE PLY FLASHING SPECIFICATIONS FOR A FULL DESCRIPTION OF INSTALLATION INSTRUCTIONS ANDREQUIREMENTSWHICHARECONSIDEREDAPARTOFTHIS"DETAIL
3. ANY CARPENTRY OR METAL WORK SHOULD BE DESIGNED AND CONSTRUCTED IN ACCORDANCE WITH LOCAL CODE REQUIREMENTSAND/OR PROJECT SPECIFICATIONS. THESE COMPONENTS SHOULD BE REVIEWED AND APPROVED BY A LICENSED DESIGNPROFESSIONAL
4. HEIGHT OF CURB TO BE ADJUSTED WITH NAILERS. IT IS PREFERRED TO RAISE CURB ONTO NAILERS TO EXTEND FLASHING HEIGHT.
S. TPO EDGE SEALANT IS REQUIRED ON ALL CUT AND NON ENCAPSULATED EDGES OF REINFORCED MEMBRANE. THIS INCLUDESFACTORYCUTMEMBRANE (SEE DETAIL T MS-01).
6. SEE T-FW-B DETAILS FOR JM APPROVED. BASE FLASHING TIE IN TERMINATION METHODS.
PREFABRICATED METAL CURB BASE FLASHT-F -®1
EIMEMBRANETYP,
E.,
REPLACESTF-64.ADFI I.b ma nmyaua..omumTnk,beaf
e^ehamYp dmlga mid daaueenatlan iuSGALEISSU@GATE GUARIWTEETERM: 00 orlaw;ll *080vowsOoap ba q N.T.S7-1417 R d y"" Johns manvilk
EQUIPMENT FLASHING BY OTHERS
as (MAY INCLUDE HVAC EQUIPMENT,
SKYLIGHTS, ROOF HATCHES, ETC.)
APPROPRIATE FASTENERS AT 6" (152 mm) O.C.
un INSTALL TPO MEMBRANE UP
Q
AND OVER TOP OF CURB
WOOD CURB
z JM TPO MEMBRANE ADHERED TO
WALL WITH JM APPROVED MEMBRANE
ADHESIVE (SEE DETAILT-FW-Mi).
JM TPO MEMBRANE ADHERED
JM TPO MEMBRANE ADHESIVE5FORADHEREDSPECIFICATIONS ONLY)
N JM TPO MEMBRANE ADHERED
OR MECHANICALLY FASTENED
W
3M APPROVED FASTENER AND PLATE
PENETRATION DEPENDANT ON DECK
MATERIAL(S). SEE SPECIFICATIONS
FOR, FURTH ER .INFORMATION
JM TPO EDGE SEALANT
IF REQUIRED
1 1/2" (38 mm) MIN. WELD
CONTINUOUS)
3" TO 8"
mm TO 203 mm MAX.
APPROVED DECK
NOTES: I
1. REFER TO JOHNS MANVILLE WESSITE (www-jm-tom). FOR MOST UP-TO-DATE INFORMATION.
2. PLEASE SEE SINGLE PLY FLASHING SPECIFICATIONS FOR A FULL DESCRIPTION OF INSTALLATION INSTRUCTIONS ANDREQUIREMENTSWHICHARECONSIDEREDAPARTOFTHISDETAIL.
3. ANY CARPENTRY OR METAL WORK SHOULD BE DESIGNED AND CONSTRUCTED IN ACCORDANCE, WITH LOCAL CODE REQUIREMENTSAND/OR PROJECT SPECIFICATIONS. THESE COMPONENTS SHOULD BE REVIEWED AND APPROVED BY A LICENSED DESIGNPROFESSIONAL.
4. HEIGHT OF CURB TO BE ADJUSTED WITH NAILERS. IT IS PREFERRED TO RAISE CURB ONTO NAILERS TO EXTEND FLASHING HEIGHT
S. TPO EDGE SEALANT IS REQUIRED ON ALL CUT AND NON ENCAPSULATED EDGES OF REINFORCED MEMBRANE. THIS INCLUDESFACTORYCUTMEMBRANE (SEE DETAIL T MS-01).
6. SEE T-FW-B DETAILS FOR 7M APPROVED BASE FLASHING TIE IN TERMINATION METHODS.
F =05 WOOD CURB BASE FLASHING
MEMBRAtVETME? J*=Ua b.manu seal r of sanaafa.,lds too ltiEWDETAILIMTPOWW4*dabyvaasaCoubsr•nra asakanab mbew:oBorrd wm by
SCALE
myaieasswtubr anpFneimB egWreahYN9155lJEOA?F MAXIMUM . TERM: t»Ae Wntra Hvl spdnpOlin manb epostlierdorntmn ppN.T.S B-7-11 30YEAR .adatenreksofaa+as m nl y nA 6t lab a_e oroia _an_. 282— nw M IIuArM" M aL 1.6iC.-......
JM TPO MEMBRANE
ADHERED OR
MECHANICALLY FASTENED
1 lir (38 mm)
MIN. WELD
CONTINUOUS)
APPROVED DECK
2" (5 mm)
MAXIMUM
NOTES:
X. REFER TO JOHNS MANVILLE WESSITE (www.jm.com) FOR MOST UP-TO-DATE INFORMATION.
2. PLEASE SEE SINGLE PLY FLASHING SPECIFICATIONS FOR A,FULL DESCRIPTION OF INSTALLATION
INSTRUCTIONS AND REQUIREMENTS WHICH ARE CONSIDERED A PART OF THIS DETAIL.
3. ANY CARPENTRY OR METAL WORK SHOULD BE'DESIGNED AND CONSTRUCTED IN ACCORDANCE
WITH LOCAL CODE REQUIREMENTS AND/OR PROJECT SPECIFICATIONS. THESE COMPONENTS
SHOULD BE REVIEWED AND APPROVED BY A LICENSED DESIGN PROFESSIONAL.
4. JM TPO EDGE SEALANT IS REQUIRED ON ALL CUT OR NON -ENCAPSULATED EDGES OF REINFORCED
MEMBRANE. THIS INCLUDES FACTORY CUT MEMBRANE (SEE DETAIL T-MS-01).
TJ@im GA
REPLACES TT 71 30 YEAR
EXPANSION JOINT (ROOF TO ROOF)
FOAM ROD DIA. 1.5 TIMES
LARGER THAN MAXIMUM GAP
JM TPO MEMBRANE ADHESIVE (FOR ADHERED
SPECIFICATIONS ONLY)
JM TPO EDGE SEALANT
IF REQUIRED
JM TPO MEMBRANE
1 U2-(38 mm)
MIN. WELD
CONTINUOUS)
APPROVED DECK
JM APPROVED FASTENER AND PLATE
12" (AN C. MAXIMUM
PENETRATION DEPENDANT ON DECK
MATERIAL(S). SEE SPECIFICATIONS
FOR FURTHER INFORMATION
COMPRESSIBLE FILLER (MUST BE SUPPORTED)
Stiut UATE
7-17-17
JaMsM Peisa dmm rooRog pioducb ardd atliltg all m oepeul
fmma6ntoyoupsaoamesy ihkoau rcMayass tmcehrdb6euudartdedupm by
MAE
N.T.S rgadnyai lsd pyc arvm
JM TPO EDGE SEALANT 1 1/2" ((38 (
IF REQUIRED) MIN. WELD
CONTINUOUS) 1" (25 mm) Ic
JM TPO-COATED
METAL DRIP EDGE III
SEE NOTE 5
JM TPO MEMBRANE ADHERED
OR MECHANICALLY FASTENED
JM TPO MEMBRANE
ADHESIVE (FOR ADHERED
SPECIFICATIONS ONLY)—
JM TPO 8" COVER STRIP
JM TPO EDGE SEALANT
IF REQUIRED)
1 1/2" (38 mm)
MIN. WELD
CONTINUOUS)
APPROVED DECK
WOOD NAILER SECURELY
ANCHORED TO DECK -RE: DETAIL T-FE-V1
METAL CLEAT GAUGE, FASTENER
AND SPACING PER NRCA,
SMAd-kA OR JM REQUIREMENTS
MINIMUM 24 GAUGE, 6"
150 mm) O.C. MAXIMUM
JM SINGLE PLY LVOC CAULK
NOTES:
1. REFER TO JOHNS MANVILLE WESSITE (www.jm.com) FOR MOST'UP-TO-DATE INFORMATION.
2. PLEASE SEE SINGLE PLY FLASHING SPECIFICATIONS FOR A FULL DESCRIPTION OF INSTALLATIONINSTRUCTIONSANDREQUIREMENTSWHICHARECONSIDEREDAPARTOFTHISDETAIL.
3. ANY CARPENTRY OR METAL WORK SHOULD BE DESIGNED AND CONSTRUCTED IN ACCORDANCEWITHLOCALCODEREQUIREMENTSAND/OR PROJECT SPECIFICATIONS. THESE COMPONENTSSHOULDBEREVIEWED• AND APPROVED BY A LICENSED DESIGN PROFESSIONAL.
4. JM TPO EDGE SEALANT IS REQUIRED ON ALL CUT OR NON -ENCAPSULATED EDGES OF REINFORCEDMEMBRANE. THIS INCLUDES FACTORY CUT MEMBRANE (SEE DETAIL T-14S-01).
S. METAL EDGE SHOWN IS MANUFACTURED BY THE CONTRACTOR USING JM TPO COATED METAL SHEET PRODUCT.
DRIP EDGE COATED p q q
T-FE C I 61EM13RANETYpE
JWua:4mtie b a manu!"m0Fmmierdm Mdn8 y vd dbm tlutREPLACESTE-13 JM TPO mrwasacanmq.n boc„„ywbmn e„mbeuseaieseduponprenyoneasa0nferagweepdalgnmmdoauae7wragvbwb/euAdgqSCALEISSUEDATEMNXIMUMGIJARAMEETERNESEgg:% rmpugnm
gulp
r,yy,aa mmlmaflRaemyN.T.S 7-17-17 30 YEAR ' mc-- Q _ +! a am,anro A
ONE TPO ®RIP EDGE
AMM WITH CONTINUOUS CLEAT
ANSI / SPRI FS-1 T CTl:n - CI r%DIMA 01 ui rNiwtr- r^ter A muff %,,,
N W wva- r%r r aIW V Gu
12'-0" LENGTHS
3Y" -
I9(r 6"
13 " %2' xY2" SLOTTED FASTENING
16 HOLES 6" O.C.
FASTENERS BY OTHERS)
3"
4" %2" Xy" SLOTTED FASTENING
r " HOLES 12" O.C. I
t
6" (FASTENERS BY OTHERS)
OTHER
22 GA. GAALV. CLEAT CLEAT DETAIL
12'-0" LENGTHS)
NOTES:
NO LAP NOTCHES PROVIDED.
NO SPLICE PLATES PROVIDED.
ALL FASTENERS BY OTHERS.
Fabrication will proceed only after receipt of
signed print approval.
Print Approval:
Architect and/or contractor shall verify all
dimensions, sizes and quantities. All
products to be installed in strict accordance
with Metal -Era's printed instructions.
Approved by:
Date:
MATERIAL:
24 Ga. (.65 mm) Galy Steel .GAF TPO Coated
24 Ga. (.65 mm) Galv Steel Johns Manville TPO Coated
x 24 Ga. (.65 mm) Galy Steel CarlslleNersico TPO Coated
COLOR:
White
QUANTITIES:
Lineal Feet (12'-0" (3.65 m) Lengths)
Outside Miters @ 90°
Inside Miters @ 90"
FOR NON-900 SEE PRINT APPROVAL #11010-1103
PROJECT: Wal-Mart #857 Sanford FL Corporate Offices, Manufacturing
ARCHITECT: 1600 Airport Road; Waukesha, WI 53188
ROOFING CONTRACTOR: CP Rankin Inc. Phone: 800-558-2162
Fax: 800-373-9156
REPRESENTATIVE/DISTRIBUTOR: www.metatera.com
T L ® DATE:10/09/17 SHTI - OF
DRN BY: JJCRoofEdgeSulu' ttons CKD BY: SAK DWG#24010-18937K.
@> ONE EDGE
NPetN FULLY ADHERED OR MECHANICALLY ATTACHED SINGLE -PLY VERSION
ANSI/SPRI ES-1 DESIGN PRESSURE OF 155 psf 24 GA. AND .040" COVER MATERIAL
OFASCIA COVER
12'-0- LENGTHS
ua Pm,a o saran6" STAINLESS STEEL SPRING
CLIPS, 4'-W O.C.
NON -CURING
1y-
SEALANT
BY OTHERS)
ROOFING
MEMBRANE
1716-
H
COVERAGE
1Qx2"
STAINLESS STEEL
e FASTENERS 1PO.C.
e PROVIDED BY METAL -ERA
20 GA. GALV. FORMED RAIL
12'-0- LENGTHS
EXPRESS 1 DAY LEAD TIME - ALMOND - SIERRA TAN NOTES: AVAILABLE FOR 24 GAUGE - BONE WHITE - SLATE GRAY
STEEL AND 0.040 ALUMINUM 1N - CITYSCAPE _ STONE WHITE lU FASCIA COVER PROVIDED WITH 1- LAP JOINTTHEFOLLOWINGCOLORS: - CLEAR ANODIZED
WHEN MITERS NOT ORDERED) - DARK BRONZE 0 TYPICALLY COVERAGE SHOULD EXTEND A MIN. OF 1- BELOW WOOD
MILL FINISH BLOCKING IF APPLICABLE
ROMAN BRONZE
SANDSTONE MATERIAL:
FASCIA DIMENSIONS 0246a. Galvanized Steel
PRODUCT H 040- Aluminum
ID. NO. DIM COVERAGE Other
13 ESE- 4° 2- Color. Standard
El ESE-SS0 5" 3"
ESE-S65 6 1/2• 4 1/2-
Finish: Kynar
E ESE-580 S. 6" QUANTITIES: Fabrication will proceed only after receipt of
signed print approval.
Print Approval: Lineal Feet 12W Lengths
Architect and/or contractor shall verity all
dimensions, sizes and quantities. All Outside Miters (Cover Only) 90T.'
products to be installed in strict accordance
with Metal -Era's printed instructions. Inside Miters (Cover Only)' 90°'
Approved by:
Date:
For Non-90° Miters, See Print Approval #11010-1103
PROJECT. Wal-Mart #867 Sanford FL Corporate Offices, Manufacturing
ARCHITECT: 1600 Airport Road; Waukesha, WI 53188
Phone: 8DO-558-2162ROOFINGCONTRACTOR: CP Rankin Inc
Fax: 800-373-9156
www.metalera.comREPRESENTATIVE/DISTRIBUTOR:
41sm-
DATE:04/06/17gqVs SHT.# OF
BY: JJCk_DRN
Roof Ede Solutions DWG# 24010-19576CKDBY: SAiC
d .= ' c e,
lord w
awl
010
t^.4 8„ n4`p = •p vie
t
N Uc nl r•I 1 : _....-.
r. _
4
e aIR
3wj its! i amn..., "."Widds j no Ko- WC - o .Y T r
KKK
TIM
1
lit? tow.
249L 2 ga. .pq0^ :fl5op l :
Colonlailled
itiharccufGrayl .
iWhkdghtFkohue 8 • ...
15tGreevh .
Ilautimd{ueeth
GaY
rd>flro,Mh, , ---
Atatte ds . .
111edium Bro»re . • • •
Patirta Cueph "-"-
Reg}Bghe
Ihed
I
Mile:..... • ....
s,s ...L,.,..
SlstaBk e i
SiaraTmh
M6 .
Stmeftks
syertiRc
Zinc ,
Weatiloftiiex ---- —
a
CW&, e
E
SgndStone(ip terCmt} __.. • •
k -—-
eAwardiEoa
i i
lfiadc _
a "-
e
t'mIIe
EE
1
AlWanhisle: SteraoEmhoswi eets
Express atisors available in sharter lead times for
24 ga. AW and AW only. Standard lead times,
which may be longer, apply for 22 ga. and Mr.
Protective film must be removed Immediately.
Please note this chart Is only a representation of
color options. Color matches should only be made
with actual samples. please call or write for actual
metal sarnpWs).
Metal mmceimmetolthroughmultiplevendom
If a specific metal vendor is recluired for a project,
please specify this at the time of order.
These color reproductions are as acwrate as
modem Printing technology will permit sold may
may slightly from actual colors ah q&W. Finished
color chip samples are available upon re4uesL
Customer is responsbie for calm selections chosen
from printed ',literature,
Kynar SW based fluropolymer coating Is a high•
gradeardhbaural trot offering exceilertredda=
to degradation caused by nature's elements and
airbome contaminants, A limited thirty (30) year
warranty Is available on the pre%shed cmltoated
steel annd aluminum coiorsshown,
A !incited ten (10) year warranty Is included for post -
Painted I(Ymr -coated aluminum applications unless
otherwise stated. A twenty (7A) year warranty Is also
available Only upon request at the time of order.
ResbidOns may apply; corm6 a sates repmsentative
for specific information.
Standard anodized finishes that utiBze a continuous
coil anodizing process to provide excellent color
consistency from piece to piece are available.
However, shade variations may occur from coil batch
to coil batch. pass I batch anodizing is also available.
As noted, many colors are energystar rated. Emissivity
uses ASTM C1 371. Reffectivity uses ASTM C1549.
Kynar 5W is a registered trademark of Arke m& Inc.
lspar Is a registered trademark ofValW Sourcing,
Due to product improvements and changes, we
reserve the right to change or delete irhfonnatlon
herein withoutprior notice.
02017. All statements herein are expressions
of opinion, which by performance and testing
are believed to be accurate and reliable, but are
presented without guarantee or responsibility on
our part. Statements concerning possible use of
our products are made without any knowledge
that such recommended uses may infringe any
patent. No warranty, express or implied, other
than that described In this literature, is made or
Intended.
SA7
111111111111111111111111111111j11111fill fill THISINSTRUMENTPREPAREDBY: Name:
CP Rankin. Inc. Address: _
4517 Georoe Road Suite 210 Tampa.
FL 33634 NOTICE
OF COMMENCEMENT State
of Florida County
of Seminole GRANT
MALOYF SEMINOLE COUNTY CLERK
OF CIRCUIT COURT is COMPTROLLER BK
9174 PQ 344 QPgs) CLERK'
S T 2018081922 RECORDED
07/17/201 2 08:04:34 AN RECORDING
FEES $10.00 RECORDED
BY tsmith Permit
Number: Parcel ID Number: 11 -20-30-5QU-0000-001 0 The
undersigned hereby gives notice that improvement will be made to certain real property, and in accordance withti Chapter
713, Florida Statutes, the following information is provided in this Notice of Commencement DESCRIPTION
OF PROPERTY: (Legal description of the property and street address if available) •_ r<,.. ' `= v
LU I -I SEMINOLE
C PB
62 PGS 39 & 40 GENERAL
DESCRIPTION OF IMPROVEMENT: Roof
over existina with new OWNER
INFORMATION: Name:
WALMART STORES EAST LP Address:
PO BOX 8050 BENTONVILLE, AR 72716 Fee
Simple Title Holder (if other than owner) Name: Address:
CONTRACTOR: --
Name:
CP Rankin, Inc. Address:
4517 George Road Suite 210 Tampa, FL 33634 Persons
within the State of Florida Designated by Owner upon whom notice or other documents may be served as
provided by Section 713.13(1)(b), Florida Statutes. Name:
Address:
In
addition to himself, Owner Designates of To
receive a copy of the Lienor's Notice as Provided in Section
713.13(1)(b), Florida Statutes. Expiration
Date of Notice of Commencement (The expiration date is 1 year from date of recording unless a different
date is specified) WARNING
TO OWNER: ANY PAYMENTS MADE BY THE OWNER AFTER THE EXPIRATION OF THE NOTICE OF COMMENCEMENT
ARE CONSIDERED IMPROPER PAYMENTS UNDER CHAPTER 713, PART I, SECTION 713.13, FLORIDA
STATUTES, AND CAN RESULT IN YOUR PAYING TWICE FOR IMPROVEMENTS TO YOUR PROPERTY. A NOTICE
OF COMMENCEMENT MUST BE RECORDED AND POSTED ON THE JOB SITE BEFORE THE FIRST INSPECTION.
IF YOU INTEND TO OBTAIN FINANCING, CONSULT WITH YOUR LENDER OR AN ATTORNEY BEFORE
COMMENCING WORK OR RECORDING YOUR NOTICE OF COMMENCEMENT. Under
penalties of perjury, I declare that 1 have read the foregoing and that the facts stated in it are true to
the best of &= ge and belief. ''++ ff
Owner'
s Signature Owner's Printed Name Florida
Statute 713.13(1)(9): "The owner must sign the notice of commencement and no one else may be permitted to sign in his or her stead.' State
of Fe-V1t5W(jl%Ajj0Gounty of 4J Gt,S The
foregoing instrument was acknowledged before me this day of J lLn2 , 20 by _ -
Sif * b&rA Who is personally known to me L Name
of person making statement OR
who has produced identification type of identification produced: Commonwealth
of Pennsylvania - Notary Seal Lori
A. Leahy, Notary Public Bucks
County mk / 1 My
commission expires May 11, 2022 ary Signature Commission
number 1332162 Member,
Pennsylvania Association of Notaries