2024A-01013-NPC-ROC Notice of Hearing and Packet MAILED

2024A-01013-NPC-ROC · Registrar of Contractors · 2024-03-19

REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA

HRL Construction LLC, Case No. 2024-01013 COMPLAINANT, Docket No. 2024A-01013-NPC-ROC v. NOTICE OF HEARING ON CONTESTED CASE Sigma Contracting Inc License No. ROC 070784,

RESPONDENT.

This Notice of Hearing is issued under A.R.S. § 41-1092.05(D).

HEARING INFORMATION The hearing is set for:

May 6, 2024 9:00 AM Tammy Eigenheer Google Meet. A link will be provided directly from The Office of Administrative Hearings. Go to www.azoah.com to request to appear in-person.

If you have requested to appear in-person at the hearing, the hearing will

be held at 1740 W Adams Street, Phoenix, AZ 85007.

You must attend this hearing. This is an adversarial hearing before an administrative law judge, and is conducted in a similar manner as judicial proceedings. Thus, you must be prepared to present evidence, including witness testimony and documents, in support of your case.

STATEMENT OF LEGAL AUTHORITY AND JURISDICTION The State of Arizona has determined that the licensing and regulation of construction contractors is a proper state function, and has vested authority in the Registrar of Contractors

to administer Title 32, Chapter 10 of the Arizona Revised Statutes. A.R.S. §§ 32-1101 et seq.

All hearings for alleged violations of Title 32, Chapter 10 are conducted under Title 41,

Chapter 6, Article 10. A.R.S. § 32-1156.

The statutes and rules governing the hearing can be found at: Arizona Revised Statutes §§ 41-1092 to -1092.12, and Arizona Administrative Code R2-19-101 to -122. PARTICULAR ARIZONA STATUTES AND RULES INVOLVED The statutes and rules the Respondent is alleged to have violated are cited in the complaint and citation, which were served on the Respondent on February 21, 2024.

SHORT AND PLAIN STATEMENT OF THE MATTERS ASSERTED The complaint and citation allege that the Respondent committed the following act(s):

Charge: 1 A.R.S. § 32-1154(A)(10)

THE PARTIES TO THE ADMINISTRATIVE HEARING

Because Respondent is a licensee and is charged with an act(s) or omission(s) that is cause for the suspension or revocation of a license, Respondent is a party to this case and will be a party to the hearing. Because Complainant alleged Respondent committed an act(s) or omission(s) that is cause for the suspension or revocation of a license, Complainant is a party to this case and will be a party to the hearing.

Respondent and Complainant, as the parties to the hearing, will present evidence and

argument to the administrative law judge.

RIGHT TO BE REPRESENTED The parties to the administrative hearing may choose to be represented by an attorney.

A.R.S. § 41-1092.07(B). If one of the parties is a company, the company may be represented by an officer or employee if that person satisfies the conditions set forth in A.R.S. § 32- 1156(B). CHANGE OF ADDRESS Each party must inform the Registrar and the Office of Administrative Hearings of any change of address within five (5) days of the change. A.R.S. § 41-1092.04.

HEARING PROCEDURES AND RULES The administrative hearing will be conducted in accordance with A.R.S. §§ 41-1092 to -1092.12, and A.A.C. R2-19-101 to -122. The parties should review the statutes, rules, and processes governing the administrative hearing. Copies of the statutes, rules, and articles regarding the administrative hearing process can be found at https://www.azoah.com/.

REGISTRAR’S APPEARANCE BY VIDEO CONFERENCE OR TELEPHONE The Registrar’s investigators, employees, and attorneys will appear at the hearing via video conference or telephone unless requested by a party to appear in-person. Requests for the Registrar’s investigators, employees, or attorneys to appear in-person must be filed with the Registrar and the Office of Administrative Hearings no later than seven (7) calendar days prior to the hearing date.

HEARING PACKET In the interests of administrative efficiency, the Registrar compiles and discloses

certain documents to the parties and the Office of Administrative Hearings. These documents

are attached to this Notice of Hearing as the “Hearing Packet.” If any party wishes to submit

additional evidence, they must do so during the hearing after completing a disclosure statement. See “Disclosure Statement” section below. SUBPOENAS FOR TESTIMONY FROM A WITNESS OR DOCUMENTS The parties to the hearing must be prepared to present evidence in support of their

case. If a party wants to obtain testimony from a witness or documents not in the party’s

possession, the party must prepare and file a written subpoena for the Administrative Law

Judge to review and sign, if approved. A.R.S. § 41-1092.07(C). Forms for requesting a

subpoena can be found on the Office of Administrative Hearings’ website at www.azoah.com. The party seeking a subpoena must serve notice on all the parties to the hearing, and on the Registrar. A.R.S. § 41-1092.04.

DISCLOSURE STATEMENT At least seven calendar days before the hearing, each party must prepare and serve a

disclosure statement on all other parties, and file it with the Office of Administrative Hearings.

A.A.C. R4-9-118; A.A.C. R2-19-108. The disclosure statement must include any exhibit the

party will use at the hearing. A party’s failure to timely disclose any witness or exhibit, without good cause, may result in the administrative law judge excluding those witnesses or exhibits from being used at the hearing. A.A.C. R4-9-118(C). A sample disclosure form is available on the Registrar’s website at https://roc.az.gov/forms/RC-L-800A%20- %20Prehearing%20Disclosure%20Statement%2020191007v4.pdf

CHANGING THE HEARING DATE The date of the hearing may only be advanced or delayed on the agreement of the

parties or on a showing of good cause. A.R.S. § 41-1092.05(C). The date of the hearing may

be changed by filing a written agreement of the parties to change the date of the hearing. The

written agreement must be filed with the Office of Administrative Hearings, directed to the

assigned Administrative Law Judge, and transmitted to the Registrar and all other parties. The

assigned Administrative Law Judge may be found on the Office of Administrative Hearings’ web portal at www.azoah.com If a party would like to move the date of the hearing without agreement of all parties, the party must file a written motion with the Office of Administrative Hearings, directed to the assigned Administrative Law Judge, and transmit a copy to the Registrar and all other parties.

The motion must state in detail good cause for why the date of the hearing should be advanced or delayed, and the position of all other parties regarding the advancement or delay. A party may also file a motion asserting a right to an expedited hearing upon a showing of extraordinary circumstances or the possibility of irreparable harm. A.R.S. § 41-1092.05(E).

RESOLUTION SHORT OF ADJUDICATION In any case which is resolved or settled by the parties, or which is withdrawn by the Complainant without objection from Respondent after the Notice of Hearing is issued, the parties must notify the Office of Administrative Hearings of the resolution or settlement. Any such cases will be listed on the Registrar’s website and its records under the category: “Closed Complaints – Resolved/Settled/Withdrawn.” Dated March 19, 2024.

By: /s/ Erika Hoskin Erika Hoskin Legal Secretary Legal Department Arizona Registrar of Contractors Copy mailed via USPS First Class mail March 19, 2024 to: Respondent(s) Sigma Contracting Inc 9019 E Bahia Dr Ste 102 Scottsdale, AZ 85260

Complainant(s) HRL Construction LLC 2320 W Holly St Phoenix, AZ 85009

Copy sent electronically this same date to: Respondent at email address on record with the Registrar Complainant at email address on record with the Registrar

Case No. 2024-01013 /

Katie Hobbs, Governor Martin Quezada, Director

Hearing Packet FAQ What is the Hearing Packet?

The Hearing Packet is a packet of certain documents collected or issued by the Registrar over the course of its investigation.

Who gets the Hearing Packet?

The Hearing Packet is assembled and distributed to all parties and to the Office of Administrative Hearings (“OAH”) prior to an administrative hearing.

What types of cases does the Registrar prepare a Hearing Packet for?

The Registrar prepares a Hearing Packet for Complainant-Handled Cases and No-Pay Cases. Note: If the Docket Number on the Notice of Hearing contains a “CHC” or “NPC”, your case is a Complainant-Handled Case or a No-Pay Case.

What is in the Hearing Packet?

The Hearing Packet contains essential case-specific documents and at a minimum will include the following documents:

● Original complaint;

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Within AZ 877.692.9762 · Fax 602.542.1599 · roc.az.gov Hearing Packet FAQ

Katie Hobbs, Governor Martin Quezada, Director

● Citation; and ● Answer.

The Hearing Packet will also contain the following documents (if applicable):

● Jobsite inspection notices, notes, and photos; ● Written directives; and ● Compliance inspection notices, notes, and photos.

What if there are documents missing from the Hearing Packet?

If there is any evidence you submitted to the Registrar that are not included in the Hearing Packet it is your responsibility to introduce that evidence at the administrative hearing. Note: The administrative law judge assigned to your case does not have access to the entire Registrar record.

If there is additional evidence you submitted to the Registrar during the investigation that you also want to introduce as evidence during your hearing, it is your responsibility to:

● Properly disclose that evidence to the other party; and ● Introduce the evidence during your hearing.

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Within AZ 877.692.9762 · Fax 602.542.1599 · roc.az.gov Hearing Packet FAQ

Katie Hobbs, Governor Martin Quezada, Director

How do I disclose evidence I intend to use at a Hearing?

You must properly disclose any and all documents and witnesses you intend to use at your hearing according to the Registrar’s Prehearing Disclosure Rules. See Arizona Administrative Code Section R4-9-118.

A sample prehearing disclosure form and instructions are provided to the parties by the Registrar.

How do I obtain documents I previously submitted to the Registrar?

If you previously submitted documents to the Registrar and need a copy of these documents, please contact the Registrar’s Legal Department or submit a public records request at https://roc.force.com/AZRoc/s/roc-public-request.

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Within AZ 877.692.9762 · Fax 602.542.1599 · roc.az.gov Hearing Packet FAQ

February 13, 2024

Arizona Registrar of Contractors

1700 West Washington Street, Suite 105

Phoenix, Arizona 85007-2812

Attention: Madelyn Hayes

Re: Complaint Number Response: 2024-01013 Tempe Dance Studio Lavene, Arizona

Dear Ms. Hayes

I am writing in response to the complaint letter issued to Sigma Contracting, Inc. dated February 9, 2024. Since we have not seen the actual complaint, we can only respond to what is noted within the letter. It is my understanding that this complaint is tied to a project known as Tempe Dance Studio in Lavene, Arizona for “non-payment”.

John Russel was employed by Sigma Contracting as the project manager responsible for overseeing the construction of Tempe Dance Studio and he also has ownership in HRL Construction with his wife Kim Russel.

John hired HRL Construction, originally a licensed Arizona contractor, KB-1 Dual Building Contractor, to do small “handyman” type of work. On February 21, 2023, he/they “voluntarily canceled” their license with the State of Arizona but never notified anyone at Sigma of this cancelation. So, for seven (7) months John continued to operate HRL as a licensed contractor knowing he had cancelled HRL’s license. Once John had issued the initial purchase order to HRL he then issued multiple change orders to HRL Construction on the project. John was managing the budget, issuing himself (HRL) purchases orders, then subsequent change orders then approving payments from Sigma to HRL.

On the Tempe Dance Studio project John initially wrote himself (HRL) purchase order 2311 for $506.00 to do provide SWPP services then subsequently issued twelve (12) additional change orders to HRL on this project for a total value of $48,132.14, see table below. One of the change orders that John issued to himself was to paint the building, CE #44 for Painting for $26,500.00.

Please note that the paperwork for all this work scope was created by John, distributed by John, and approved for payment by John. None of this documentation has a signature on it from me or my partner, Jerry Patterson.

9019 E. Bahia Dr., Suite 102, Scottsdale, Arizona 85260 602.788.7800 FAX 602.788.4577 www.sigmacontracting.com AZ License #070784/061117, CA License #920881, CO License #[number redacted], NM License #363761, NV License #0032258, OK Registered, TX Registered PO 2311 SWPP $506.00 1/11/2022 CE #004 - Exploratory Excavation $648.00 1/13/2022 CE #005 - Paint & Repair Sigma $3,162.00 1/13/2022 CE #014 - Hand Digging & Fix W $450.00 3/17/2022 CE #017 - Grade Footing Spoils $1,900.00 3/28/2022 CE #044 - Painting $26,500.00 7/21/2022 CE #052 - Caulking $3,954.00 10/13/2022 CE #056 - Tempe Dance Paint In $7,500.00 11/23/2022 CE #059 - Concrete Re-Work $1,581.25 12/20/2022 CE #060 - Final Cleaning $3,250.00 12/20/2022 CE #068 - Horizontal Caulking $1,092.50 1/13/2023 CE #069 - Millwork -BC to Gaston $207.00 1/18/2023 CE #075 - Negotiated Full & Final due to Liquidated Damages ($2,618.61) 9/19/2023 $48,132.14

The Tempe Dance Studio project was completed in February 2023 and Sigma was issued an incompletion/punch list in February 2023 which had to be completed prior to the release of the balance of the retention to Sigma. John distributed this list to all the subcontractors that had work to complete upon his receipt of the list, including HRL Construction. In September 2023 John left Sigma and HRL Construction never completed the work on the completion list they were obligated to finish.

After his departure we discovered the cancelation of HRL’s contractor’s license which meant HRL was no longer a licensed contractor to complete the work assigned to them on the punch list. As a result of them operating without a license Sigma could no longer use them to finish their work and had to hire another subcontractor to complete this work.

According to our records HRL was paid except for a balance due of $7,923.54 which is currently being held by the Owner as part of the punch list work. The cost to complete the incomplete work and punch list work in January 2024 by Country Boys Painting was $6,500. The cost to Sigma to obtain additional quotes, issue a subcontract and to administer the payment and the collection of lien waivers was taken into account there are no funds due HRL Construction on this project as this cost was far more than $1,429 which is the difference between the $7,923 and the $6,500.

As of this writing, Sigma still has not been paid the remaining retention funds being held by the Owner.

Please let us know what the next steps are in getting this matter resolved.

Respectfully submitted,

Dan Hinkson, President

Sigma Contracting, Inc.

Via U.S. Mail and Email

Complainant HRL Construction LLC 2320 W Holly St Phoenix, AZ 85009

Via U.S. Mail and Email

Respondent Sigma Contracting Inc 9019 E Bahia Dr Ste 102 Scottsdale, AZ 85260

Re: Complaint No. 2024-01013

Dear Complainant and Respondent:

The Registrar received a complaint filed against Sigma Contracting Inc for non- payment of materials or services rendered. This complaint is complete and will be substantively reviewed by the Registrar.

Respondent is free to raise any issue or affirmative defense to this complaint by filing a response with the Registrar by February 16, 2024. Please reference the complaint number listed above if you file a response. Respondent may file a response by:

Mail: P.O. Box 18244, Phoenix, Arizona, 85005-8244 In-Person: 1700 W. Washington St., Ste. 105, Phoenix, Arizona, 85007-2812 Email: [email redacted]

The Registrar will not issue a citation before February 16, 2024 and will review Respondent’s response, if one is submitted.

Please be advised that a response to the complaint is not the same as a written answer. If the Registrar issues a citation Respondent must file a written answer to that citation in accordance with A.R.S. § 32-1155.

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov Lg100 4/21 Sincerely,

/s/Madelyn Hayes Madelyn Hayes Legal Assistant II Legal Department 1700 W Washington St. Ste 105 Phoenix, AZ 85007

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov Lg100 4/21 2/20/24, 9:44 AM State of Arizona Mail - Response for complaint 2024-01013 Attention Madelyn Hayes

Legal New Mail - AZROC <[email redacted]>

Response for complaint 2024-01013 Attention Madelyn Hayes message

Dan Hinkson <[email redacted]> Fri, Feb 16, 2024 at 11:25 AM To: "[email redacted]" <[email redacted]> Cc: Sandy Jordan <[email redacted]>, Jerry Patterson <[email redacted]>

Madelyn it was nice to talk with you on Tuesday regarding this matter. Please find attached our response to the complaint filed by HRL Construction, Complaint number 2024-01013. I believe I have addressed the concerns relative to the complaint but should you have any questions please feel free to contact me either via email or phone.

Dan Hinkson President

Sigma Contracting, Inc. 9019 E. Bahia Dr., Suite 102

Scottsdale, AZ 85260

P (602)788-7800 M (602)469-1772 FAX (602)788-4577

[email redacted]

Building With Integrity Since 1983 Arizona | California | Colorado | New Mexico

Nevada | Oklahoma | Texas | Utah

See what we’ve been up to here: www.SigmaContracting.com

https://mail.google.com/mail/b/AEoRXRRf1LNzSGtAzWo0-FI_WUrnx2QBLLCe3ObgYBJxFtW7jDDv/u/0/?ik=d3afebeda9&view=pt&search=all&permt… 1/2 2/20/24, 9:44 AM State of Arizona Mail - Response for complaint 2024-01013 Attention Madelyn Hayes

13 24 Response letter to 2024-01011 HRL complaint.pdf 153K

https://mail.google.com/mail/b/AEoRXRRf1LNzSGtAzWo0-FI_WUrnx2QBLLCe3ObgYBJxFtW7jDDv/u/0/?ik=d3afebeda9&view=pt&search=all&permt… 2/2 REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA

Case No. 2024-01013 HRL Construction LLC,

COMPLAINANT, v. CITATION Sigma Contracting Inc License No. ROC 070784,

RESPONDENT.

The Registrar issues this Citation to Sigma Contracting Inc (“Respondent”) under A.R.S. § 32-1155(A). If Respondent fails to answer this Citation by March 7, 2024, then under A.R.S. § 32-1155(C), Respondent’s failure to answer may be deemed an admission of the act or acts charged in the underlying complaint, and the Registrar may then suspend or revoke Respondent’s license(s). THE WRITTEN COMPLAINT On January 25, 2024, HRL Construction LLC (“Complainant”) filed a written complaint with the Registrar. A copy of that Complaint is attached to this Citation. A FORMAL STATEMENT OF THE CHARGES AGAINST RESPONDENT

Charge :1 A.R.S. § 32-1154(A)(10) — Failure by a licensee or agent or official of a licensee to pay monies in excess of $750 when due for materials or services rendered in connection with the licensee's operations as a contractor

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1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov Lg101 8/21 unless the licensee proves that the licensee lacks the capacity to pay and has not received sufficient monies as payment for the particular construction work project or operation for which the services or materials were rendered or purchased. The Registrar investigated this matter and finds cause to charge Respondent with violation(s) of Title 32, Chapter 10 of the Arizona Revised Statutes. Respondent is charged with violating:

If the matter proceeds to a hearing and the administrative law judge determines that any of the charges listed above are supported by a preponderance of the evidence, then Respondent’s license(s) may be subject to suspension or revocation, and Respondent may be subject to other penalties provided by law, including civil penalties under A.R.S. §§ 32-1154(E) and (F). FILING A WRITTEN ANSWER Respondent must appear by filing with the Registrar a written answer to the citation and complaint showing cause, if any, why Respondent’s license(s) should not be suspended or revoked. A.R.S. § 32-1155(A). Respondent’s written answer should contain the heading “Written Answer to Citation and Complaint” and should include the case number, which is Case No. 2024-01013. How to File a Written Answer: Respondent’s written answer may be submitted in the following ways: In-Person: 1700 W. Washington St., Ste. 105, Phoenix, Arizona, 85007-2812 Mail: P.O. Box 18244, Phoenix, Arizona, 85005-8244 Email: [email redacted]

The Registrar’s normal office hours are 8:00 a.m. to 5:00 p.m., Monday through Friday.

If Respondent submits a written answer by mail, it is not filed with the Registrar until the

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1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov Lg101 8/21 Registrar actually receives it. Deadline for Filing a Written Answer: Respondent must file a written answer with the Registrar no later than March 7, 2024. This deadline is calculated under A.R.S. §§ 32-1155(A) and (B), which provides a deadline ten days after service of the Citation. Service of the Citation and Complaint is complete five days after the Registrar mails a copy of the Citation and Complaint to Respondent’s latest address of record in the Registrar’s office. Consequences for Failing to File a Written Answer: If Respondent fails to answer, Respondent’s failure may be deemed an admission of the act or acts charged in the written complaint. A.R.S. § 32-1155(C). The Registrar may then suspend or revoke Respondent’s license(s). THE ADMINISTRATIVE HEARING If Respondent files a timely written answer contesting any charges in the Complaint, then the Registrar will request the Office of Administrative Hearings set a date for an administrative hearing and will notify all the parties at least 30 days before that hearing. A.R.S. § 41-1092.05(D). RESPONDENT’S RIGHT TO REQUEST AN INFORMAL SETTLEMENT CONFERENCE Under A.R.S. § 41-1092.06, if Respondent submits a request to the Registrar for an informal settlement conference, the Registrar must hold a conference within 15 days after receiving the request. Respondent’s request for an informal settlement conference must be in writing and must be filed no later than 20 days before the administrative hearing. A.R.S. § 41- 1092.06(A). The Registrar will not close or settle any case without both parties’ appearance at the Settlement Conference. The parties participating in the settlement conference must have the authority to settle the case and must waive their right to object to the participation of the

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1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov Lg101 8/21 Registrar’s settlement conference representative in the final administrative decision. A.R.S. § 41-1092.06(B). Any statements, either written or oral, made by the parties at the conference, including a written document, created or expressed solely for the purpose of settlement negotiations, are inadmissible in the administrative hearing. A.R.S. § 41-1092.06(B). RESPONDENT’S PRIOR RECORD Under A.A.C. R4-9-117, in determining the appropriate discipline, the administrative law judge and the Registrar may consider not only facts in the current case, but also facts in prior cases and any documents regarding Respondent on file with the Registrar. Respondent’s prior disciplinary record and current license(s) status may be considered as a mitigating or aggravating factor in determining the appropriate discipline. EVIDENTIARY DISCLAIMER By issuing this Citation, the Registrar is directing Respondent to file a written answer to the Citation and Complaint, showing cause, if any, why Respondent’s license(s) should not be suspended or revoked. A.R.S. § 32-1155(A). This Citation does not constitute proof that any charge or allegation in Complainant’s written complaint is in fact true. This Citation does not constitute proof that Respondent violated any statutory provision or rule adopted by the Registrar.

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1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov Lg101 8/21 Dated February 21, 2024. By: /s/ Robert Stirling Robert Stirling Assistant General Counsel Legal Department Arizona Registrar of Contractors COPY of the foregoing mailed by Certified Mail, Return Receipt Requested, February 21, 2024 to:

Respondent Certified Mail No: [number redacted]

Sigma Contracting Inc 9019 E Bahia Dr Ste 102 Scottsdale, AZ 85260-1553 Copy mailed by USPS First Class mail this same date to:

Sigma Contracting Inc 9019 E Bahia Dr Ste 102 Scottsdale, AZ 85260-1553 Complainant HRL Construction LLC 2320 W Holly St Phoenix, AZ 85009 Copy sent electronically this same date to: Respondent at email address on record with the Registrar Complainant at email address on record with the Registrar Case No. 2024-01013 / MTH

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1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov Lg101 8/21 Non-Payment Complaint Form Departmental Use Only Complaint Number: Mail to: Registrar of Contractors P.O. Box 18243 Phoenix, AZ 85005-8243

Person Filing Complaint (Payee) Business Name Full Name (First Middle Last) ROC License Number(s) (if any) John Frederick Russell Street Address City State Zip Code 4410 W Union Hills Dr Glendale Arizona 85308 Phone Number Email Address [number redacted] [email redacted] I consent to receive communications electronically in connection with this case

Name of Attorney (if any)

Attorney’s Street Address City State Zip Code

Attorney’s Phone Number Attorney’s Email Address

Licensee Information (Payer) Name (as shown on contracts, invoices, etc.) ROC License Number(s) Sigma Contracting Inc ROC 070784 Street Address City State Zip Code 9019 E Bahia Drive Ste 102 Scottsdale AZ 85260 Phone Number Email Address

Name of Person(s) Representing License Daniel Hinkson;Jerry Patterson Complaint Information Principal Amount Due (excluding interest and fees) Contract Date (if applicable) $7,716.54 May 9, 2023 Have you filed a civil complaint? No List all specific invoices which have not been paid. Attach additional pages if necessary. Invoice #854 dated 12/19/2022: $1,581.25; Invoice #861 dated 12/20/2022: $3,250.00; Invoice #866 dated 1/12/2023: $1,092.50; Invoice #868 dated 1/12/2023: $207.00; Invoice #805 dated 10/12/2022: $3,045.40 balance owed; Invoice #826 dated 11/9/2022: $750.00 balance owed; Invoice #646 dated 3/24/2022: $190.00 balance owed; Invoice #639 dated 3/16/2022: $45.00 balance owed; Invoice #590 dated 1/13/2022: $381.00 balance owed; Deduct CCO #012: negotiated full & final amounts agreed upon by project owner to settle Certification I certify, upon information and belief, that the above-named licensee has failed to pay monies in excess of seven hundred fifty dollars when due for materials or services rendered in connection with the licensee’s operations as a contractor. I further certify, upon information and belief, that the above-named licensee has the capacity to pay, or has received sufficient monies as payment for the particular construction work project or operation for which the services or materials were rendered or purchased. A.R.S. § 32-1154(A)(10). Printed Name Signature Date John Frederick Russell Declaration & Signature I am the Complainant in this Complaint Form or Complainant’s duly authorized representative. I declare under penalty of perjury that the information contained in this Form is true and correct to the best of my knowledge. I further certify that any documents submitted in support of this complaint are true and correct copies of the originals and are accurate to the best of my knowledge. I will assist in the investigation or in the prosecution of the contractor or other parties, and will, if necessary, attend hearings and testify to facts. Printed Name Signature Date John Frederick Russell CCO #001

Sigma Contracting Project: 21858 - Tempe Dance West Laveen 9019 E. Bahia Drive | Suite #102 3247 West Baseline Road Scottsdale, Arizona 85260 Laveen, Arizona 85339 Phone: (602) 788-7800 Phone: [number redacted] Fax: 602 788-4577

Purchase Order Change Order #001: CE #004 - Exploratory Excavati CONTRACT COMPANY: HRL Construction CONTRACT FOR: PO-2311:SWWP HRL Construction 2320 West Holly Street Phoenix, Arizona 85009

DATE CREATED: 1/13/2022 CREATED BY: John Russell (Sigma Contracting, Inc)

CONTRACT STATUS: Approved REVISION: 0

REQUEST RECEIVED Ben Van Kammen LOCATION: Site FROM:

DESIGNATED REVIEWER: John Russell (Sigma Contracting, Inc) REVIEWED BY:

DUE DATE: 01/14/2022 REVIEW DATE: 01/13/2022

INVOICED DATE: PAID DATE:

REFERENCE: CHANGE REASON: Existing Condition

PAID IN FULL: No EXECUTED: Yes

ACCOUNTING METHOD: Unit/Quantity Based SCHEDULE IMPACT: 2 days

FIELD CHANGE: Yes SIGNED CHANGE ORDER RECEIVED DATE:

TOTAL AMOUNT: $648.00

DESCRIPTION: CE #004 - Exploratory Excavation For Well Water Line First, dig 2.5' X 5' deep hole around well head in an effort to locate the direction of the existing pipeline. Then, dig out 3' X 3.5' deep hole approximately 30 yards from the first hole in an effort to determine the location and the direction of the existing pipe line. Finally, pick out (3) trenches 4' X 1.5' deep in an effort to locate the existing pipeline near existing block wall. The ground was determined to be too hard and full of rock and asphalt to continue digging. Install stakes and caution tape around first (2) holes dug. Recover (3) trenches with removed dirt for safety.

ATTACHMENTS: HRL INV#0589 - Tempe Dance site work 1.6.2022.pdf

CHANGE ORDER LINE ITEMS:

# Budget Code Description Qty Units Unit Cost Subtotal 01760.O Misc. Job Supplies.Other Exploratory Excavation For Well Water Line 1.0 ls $648.00 $648.00 Grand Total: $648.00

The original (Contract Sum) $ 506.00 Net change by previously authorized Change Orders $ 0.00 The contract sum prior to this Change Order was $ 506.00 The contract sum will be increased by this Change Order in the amount of $ 648.00 The new contract sum including this Change Order will be $ 1,154.00 The contract time will be increased by this Change Order by 2 days.

Sigma Contracting Page 1 of 2 Printed On: 1/13/2022 01 :35 PM CCO #001

Sigma Contracting HRL Construction 9019 E. Bahia Drive | Suite #102 HRL Construction 2320 West Holly Street Scottsdale, Arizona 85260 Phoenix, Arizona 85009 Digitally signed by John Russell DN: C=US, E=[email redacted], Digitally signed by Kim Russell John Russell ProcoreGeneralContractorSignHere O="Sigma Contracting ", OU=Sr. Project Manger, CN=John Russell Reason: I am approving this document Contact Info: 602-502-5977 ProcoreGeneralContractorSignedDate Kim Russell ProcoreSubcontractorSignHere Date: 2022.01.20 16:07:23 -07'00' ProcoreSubcontractorSignedDate Date: 2022.01.13 13:34:17-07'00' SIGNATURE DATE SIGNATURE DATE

Sigma Contracting Page 2 of 2 Printed On: 1/13/2022 01 :35 PM CCO #002

Purchase Order Change Order #002: CE #005 - Paint & Repair Sigma CONTRACT COMPANY: HRL Construction CONTRACT FOR: PO-2311:SWWP HRL Construction 2320 West Holly Street Phoenix, Arizona 85009

DATE CREATED: 1/13/2022 CREATED BY: John Russell (Sigma Contracting, Inc)

CONTRACT STATUS: Approved REVISION: 0

REQUEST RECEIVED Ben Van Kammen LOCATION: Job Trailer FROM:

DESIGNATED REVIEWER: John Russell (Sigma Contracting, Inc) REVIEWED BY:

DUE DATE: 01/14/2022 REVIEW DATE: 01/13/2022

INVOICED DATE: PAID DATE:

REFERENCE: CHANGE REASON: Existing Condition

PAID IN FULL: No EXECUTED: Yes

ACCOUNTING METHOD: Unit/Quantity Based SCHEDULE IMPACT:

FIELD CHANGE: Yes SIGNED CHANGE ORDER RECEIVED DATE:

TOTAL AMOUNT: $3,162.00

DESCRIPTION: CE #005 - Paint & Repair Sigma Job Trailer Paint & repair job trailer ATTACHMENTS: HRL INV#0590 - Tempe Dance site work 1.7-1.13.2022.pdf

CHANGE ORDER LINE ITEMS:

# Budget Code Description Qty Units Unit Cost Subtotal 01510.O Temporary Office.Other Paint & Repair Job Trailer 1.0 ls $3,162.00 $3,162.00 Grand Total: $3,162.00

The original (Contract Sum) $ 506.00 Net change by previously authorized Change Orders $ 648.00 The contract sum prior to this Change Order was $ 1,154.00 The contract sum will be increased by this Change Order in the amount of $ 3,162.00 The new contract sum including this Change Order will be $ 4,316.00 The contract time will not be changed by this Change Order.

Sigma Contracting HRL Construction 9019 E. Bahia Drive | Suite #102 HRL Construction 2320 West Holly Street Scottsdale, Arizona 85260 Phoenix, Arizona 85009 Digitally signed by John Russell DN: C=US, E=[email redacted], Digitally signed by Kim Russell John Russell ProcoreGeneralContractorSignHere O="Sigma Contracting ", OU=Sr. Project Manger, CN=John Russell Reason: I am approving this document Contact Info: 602-502-5977 ProcoreGeneralContractorSignedDate Kim Russell ProcoreSubcontractorSignHere Date: 2022.01.20 16:09:27 -07'00' ProcoreSubcontractorSignedDate Date: 2022.01.13 13:50:26-07'00' SIGNATURE DATE SIGNATURE DATE

Sigma Contracting Page 1 of 1 Printed On: 1/13/2022 01 :51 PM CCO #003

Purchase Order Change Order #003: CE #014 - Hand Digging & Fix W CONTRACT COMPANY: HRL Construction CONTRACT FOR: PO-2311:SWWP HRL Construction 2320 West Holly Street Phoenix, Arizona 85009

DATE CREATED: 3/17/2022 CREATED BY: John Russell (Sigma Contracting, Inc)

CONTRACT STATUS: Approved REVISION: 0

REQUEST RECEIVED Ben Van Kammen LOCATION: Site FROM:

DESIGNATED REVIEWER: John Russell (Sigma Contracting, Inc) REVIEWED BY:

DUE DATE: 03/18/2022 REVIEW DATE: 03/17/2022

INVOICED DATE: PAID DATE:

REFERENCE: CHANGE REASON: Existing Condition

PAID IN FULL: No EXECUTED: No

ACCOUNTING METHOD: Unit/Quantity Based SCHEDULE IMPACT:

FIELD CHANGE: Yes SIGNED CHANGE ORDER RECEIVED DATE:

TOTAL AMOUNT: $450.00

DESCRIPTION: CE #014 - Hand Digging & Fix Waddles Hand Digging & Fix Waddles ATTACHMENTS: HRL INV#0639 - Tempe Dance site work 3.15.2022.pdf

CHANGE ORDER LINE ITEMS:

# Budget Code Description Qty Units Unit Cost Subtotal 01155.O Temporary Labor.Other Hand Digging & Fix Waddles 1.0 ls $450.00 $450.00 Grand Total: $450.00

The original (Contract Sum) $ 506.00 Net change by previously authorized Change Orders $ 3,810.00 The contract sum prior to this Change Order was $ 4,316.00 The contract sum will be increased by this Change Order in the amount of $ 450.00 The new contract sum including this Change Order will be $ 4,766.00 The contract time will not be changed by this Change Order.

John Russell O="Sigma Contracting ", OU=Sr. Project Manger, CN=John Russell Reason: I am approving this document Contact Info: 602-502-5977 Kim Russell Russell Date: 2022.03.17 14:11:19 ProcoreGeneralContractorSignHere ProcoreGeneralContractorSignedDate Date: 2022.03.17 14:08:39-07'00' ProcoreSubcontractorSignHere -07'00' ProcoreSubcontractorSignedDate

SIGNATURE DATE SIGNATURE DATE

Sigma Contracting Page 1 of 1 Printed On: 3/17/2022 02 :07 PM CCO #004

Purchase Order Change Order #004: CE #017 - Grade Footing Spoils CONTRACT COMPANY: HRL Construction CONTRACT FOR: PO-2311:SWWP HRL Construction 2320 West Holly Street Phoenix, Arizona 85009

DATE CREATED: 3/28/2022 CREATED BY: John Russell (Sigma Contracting, Inc)

CONTRACT STATUS: Approved REVISION: 0

REQUEST RECEIVED LOCATION: FROM:

DESIGNATED REVIEWER: John Russell (Sigma Contracting, Inc) REVIEWED BY:

DUE DATE: REVIEW DATE: 03/28/2022

INVOICED DATE: PAID DATE:

REFERENCE: CHANGE REASON: Client Request

PAID IN FULL: No EXECUTED: No

ACCOUNTING METHOD: Unit/Quantity Based SCHEDULE IMPACT:

FIELD CHANGE: No SIGNED CHANGE ORDER RECEIVED DATE:

TOTAL AMOUNT: $1,900.00

DESCRIPTION: CE #017 - Grade Footing Spoils On Neighboring Property Grading - remove dirt and level property, allowing water to exit from site ATTACHMENTS: HRL INV#0646 - Tempe Dance grading 3.17.2022.pdf

CHANGE ORDER LINE ITEMS:

# Budget Code Description Qty Units Unit Cost Subtotal 02310.O Finish Grading.Other 1.0 ls $1,900.00 $1,900.00 Grand Total: $1,900.00

The original (Contract Sum) $ 506.00 Net change by previously authorized Change Orders $ 4,260.00 The contract sum prior to this Change Order was $ 4,766.00 The contract sum will be increased by this Change Order in the amount of $ 1,900.00 The new contract sum including this Change Order will be $ 6,666.00 The contract time will not be changed by this Change Order.

Sigma Contracting HRL Construction 9019 E. Bahia Drive | Suite #102 HRL Construction 2320 West Holly Street Scottsdale, Arizona 85260 Phoenix, Arizona 85009 Digitally signed by John Russell DN: C=US, E=[email redacted], Digitally signed by Kim Russell John Russell Kim Russell O="Sigma Contracting ", OU=Sr. Project Manger, CN=John Russell Reason: I am approving this document Date: 2022.03.29 13:13:51 ProcoreGeneralContractorSignHere Contact Info: 602-502-5977 ProcoreGeneralContractorSignedDate ProcoreSubcontractorSignHere -07'00' ProcoreSubcontractorSignedDate Date: 2022.03.28 16:03:55-07'00'

SIGNATURE DATE SIGNATURE DATE

Sigma Contracting Page 1 of 1 Printed On: 3/28/2022 03 :58 PM CCO #005

Sigma Contracting Project: 21858 - Tempe Dance West Laveen 9019 E. Bahia Drive | Suite #102 3253 West Baseline Road Scottsdale, Arizona 85260 Laveen, Arizona 85339 Phone: (602) 788-7800 Phone: 480-440-5482 Fax: 602 788-4577

Purchase Order Change Order #005: CE #044 - Painting CONTRACT COMPANY: HRL Construction CONTRACT FOR: PO-2311:SWWP HRL Construction 2320 West Holly Street Phoenix, Arizona 85009

DATE CREATED: 7/21/2022 CREATED BY: John Russell (Sigma Contracting, Inc)

CONTRACT STATUS: Approved REVISION: 0

REQUEST RECEIVED John Russell LOCATION: Interior FROM:

DESIGNATED REVIEWER: John Russell (Sigma Contracting, Inc) REVIEWED BY:

DUE DATE: 07/22/2022 REVIEW DATE: 07/21/2022

INVOICED DATE: PAID DATE:

REFERENCE: CHANGE REASON: Existing Condition

PAID IN FULL: No EXECUTED: No

ACCOUNTING METHOD: Unit/Quantity Based SCHEDULE IMPACT:

FIELD CHANGE: No SIGNED CHANGE ORDER RECEIVED DATE:

TOTAL AMOUNT: $26,500.00

DESCRIPTION: CE #044 - Painting Prime and paint walls and ceilings. Paint exposed roof. Paint doors and frames. Paint exterior trash enclosure, bollards, new site wall, relocated gate, man door, new trellis, and wood columns. ATTACHMENTS: HRL INV#0747 - Tempe Dance paint 7.20.2022.pdf

CHANGE ORDER LINE ITEMS:

# Budget Code Description Qty Units Unit Cost Subtotal 09900.O Painting.Other Paint 1.0 $26,500.00 $26,500.00 Grand Total: $26,500.00

The original (Contract Sum) $ 506.00 Net change by previously authorized Change Orders $ 6,160.00 The contract sum prior to this Change Order was $ 6,666.00 The contract sum will be increased by this Change Order in the amount of $ 26,500.00 The new contract sum including this Change Order will be $ 33,166.00 The contract time will not be changed by this Change Order.

Kim Russell DN: C=US, E=[email redacted], Russell John Russell O="Sigma Contracting ", OU=Sr. Project Manger, CN=John Russell Reason: I am approving this document Date: 2022.07.21 18:54:08 Contact Info: 602-502-5977 ProcoreGeneralContractorSignHere ProcoreGeneralContractorSignedDate Date: 2022.07.21 17:00:13-07'00' ProcoreSubcontractorSignHere -07'00' ProcoreSubcontractorSignedDate

SIGNATURE DATE SIGNATURE DATE

Sigma Contracting Page 1 of 1 Printed On: 7/21/2022 04 :58 PM CCO #006

Purchase Order Change Order #006: CE #052 - Caulking CONTRACT COMPANY: HRL Construction CONTRACT FOR: PO-2311:SWWP HRL Construction 2320 West Holly Street Phoenix, Arizona 85009

DATE CREATED: 10/13/2022 CREATED BY: John Russell (Sigma Contracting, Inc)

CONTRACT STATUS: Approved REVISION: 0

REQUEST RECEIVED Ralph Wharton LOCATION: Site & Building FROM:

DESIGNATED REVIEWER: John Russell (Sigma Contracting, Inc) REVIEWED BY:

DUE DATE: 10/14/2022 REVIEW DATE: 10/13/2022

INVOICED DATE: PAID DATE:

REFERENCE: CHANGE REASON: Design Development

PAID IN FULL: No EXECUTED: No

ACCOUNTING METHOD: Unit/Quantity Based SCHEDULE IMPACT:

FIELD CHANGE: No SIGNED CHANGE ORDER RECEIVED DATE:

TOTAL AMOUNT: $3,954.00

DESCRIPTION: CE #052 - Caulking

ATTACHMENTS: HRL INV#0805 - Tempe Dance Caulking 10.12.2022.pdf

CHANGE ORDER LINE ITEMS:

# Budget Code Description Qty Units Unit Cost Subtotal 07920.O Sealants & Caulking.Other Caulking 1.0 $3,954.00 $3,954.00 Grand Total: $3,954.00

The original (Contract Sum) $ 506.00 Net change by previously authorized Change Orders $ 32,660.00 The contract sum prior to this Change Order was $ 33,166.00 The contract sum will be increased by this Change Order in the amount of $ 3,954.00 The new contract sum including this Change Order will be $ 37,120.00 The contract time will not be changed by this Change Order.

John Russell Kim Russell Russell O="Sigma Contracting ", OU=Sr. Project Manger, CN=John Russell Reason: I am approving this document Contact Info: 602-502-5977 Date: 2022.10.14 12:01:51 ProcoreGeneralContractorSignHere Date: 2022.10.13 11:36:51-07'00' ProcoreGeneralContractorSignedDate ProcoreSubcontractorSignHere -07'00' ProcoreSubcontractorSignedDate

SIGNATURE DATE SIGNATURE DATE

Sigma Contracting Page 1 of 1 Printed On: 10/13/2022 11 :35 AM CCO #007

Purchase Order Change Order #007: CE #056 - Tempe Dance Paint In CONTRACT COMPANY: HRL Construction CONTRACT FOR: PO-2311:SWWP HRL Construction 2320 West Holly Street Phoenix, Arizona 85009

DATE CREATED: 11/23/2022 CREATED BY: John Russell (Sigma Contracting, Inc)

CONTRACT STATUS: Approved REVISION: 0

REQUEST RECEIVED Ralph Wharton LOCATION: Building FROM:

DESIGNATED REVIEWER: John Russell (Sigma Contracting, Inc) REVIEWED BY:

DUE DATE: 11/23/2022 REVIEW DATE: 11/23/2022

INVOICED DATE: PAID DATE:

REFERENCE: CHANGE REASON: Allowance

PAID IN FULL: No EXECUTED: No

ACCOUNTING METHOD: Unit/Quantity Based SCHEDULE IMPACT:

FIELD CHANGE: No SIGNED CHANGE ORDER RECEIVED DATE:

TOTAL AMOUNT: $7,500.00

DESCRIPTION: CE #056 - Tempe Dance Paint Increase

ATTACHMENTS: PPG AC US PR Store Price Increase Customer Communication Letter May 16 2022 Final (1).pdf, HRL INV#0826 - Tempe Dance Paint Scope adjustment.pdf

CHANGE ORDER LINE ITEMS:

# Budget Code Description Qty Units Unit Cost Subtotal 09900.O Painting.Other Paint Increase 0.0 $0.00 $7,500.00 Grand Total: $7,500.00

The original (Contract Sum) $ 506.00 Net change by previously authorized Change Orders $ 36,614.00 The contract sum prior to this Change Order was $ 37,120.00 The contract sum will be increased by this Change Order in the amount of $ 7,500.00 The new contract sum including this Change Order will be $ 44,620.00 The contract time will not be changed by this Change Order.

John Russell O="Sigma Contracting ", OU=Sr. Project Manger, CN=John Russell Reason: I am approving this document Contact Info: 602-502-5977 Kim Russell Russell Date: 2022.11.28 ProcoreGeneralContractorSignHere ProcoreGeneralContractorSignedDate Date: 2022.11.23 12:29:12-07'00' ProcoreSubcontractorSignHere 19:36:14 -07'00' ProcoreSubcontractorSignedDate

SIGNATURE DATE SIGNATURE DATE

Sigma Contracting Page 1 of 1 Printed On: 11/23/2022 12 :26 PM CCO #008

Purchase Order Change Order #008: CE #059 - Concrete Re-Work CONTRACT COMPANY: HRL Construction CONTRACT FOR: PO-2311:SWWP HRL Construction 2320 West Holly Street Phoenix, Arizona 85009

DATE CREATED: 12/20/2022 CREATED BY: John Russell (Sigma Contracting, Inc)

CONTRACT STATUS: Approved REVISION: 0

REQUEST RECEIVED Ralph Wharton LOCATION: exterior FROM:

DESIGNATED REVIEWER: John Russell (Sigma Contracting, Inc) REVIEWED BY:

DUE DATE: 12/20/2022 REVIEW DATE: 12/20/2022

INVOICED DATE: PAID DATE:

REFERENCE: CHANGE REASON: Backcharge

PAID IN FULL: No EXECUTED: Yes

ACCOUNTING METHOD: Unit/Quantity Based SCHEDULE IMPACT:

FIELD CHANGE: Yes SIGNED CHANGE ORDER RECEIVED DATE:

TOTAL AMOUNT: $1,581.25

DESCRIPTION: CE #059 - Concrete Re-Work

Grind down (5) posts of concrete around the edge, adding a smooth finish. Grind along edge of door entrance and along edge of building. Cut out concrete to add drain cap. ATTACHMENTS: HRL INV#0854 - Tempe Dance, Concrete Grinding 12.19.2022.pdf

CHANGE ORDER LINE ITEMS:

# Budget Code Description Qty Units Unit Cost Subtotal 03000.O Concrete.Other Concrete Re-Work 1.0 ls $1,581.25 $1,581.25 Grand Total: $1,581.25

The original (Contract Sum) $ 506.00 Net change by previously authorized Change Orders $ 44,114.00 The contract sum prior to this Change Order was $ 44,620.00 The contract sum will be increased by this Change Order in the amount of $ 1,581.25 The new contract sum including this Change Order will be $ 46,201.25 The contract time will not be changed by this Change Order. Sigma Contracting HRL Construction 9019 E. Bahia Drive | Suite #102 HRL Construction 2320 West Holly Street Scottsdale, Arizona 85260 Phoenix, Arizona 85009 Digitally signed by John Russell Digitally signed by Kim Russell Kim Russell DN: C=US, E=[email redacted],

John Russell O="Sigma Contracting ", OU=Sr. Project Manger, CN=John Russell Date: 2022.12.20 14:17:48 Reason: I am approving this document Contact Info: 602-502-5977 -07'00' ProcoreGeneralContractorSignHere Date: 2022.12.20 13:50:04-07'00' ProcoreGeneralContractorSignedDate ProcoreSubcontractorSignHere ProcoreSubcontractorSignedDate

SIGNATURE DATE SIGNATURE DATE

Sigma Contracting Page 1 of 1 Printed On: 12/20/2022 01 :47 PM CCO #009

Purchase Order Change Order #009: CE #060 - Final Cleaning CONTRACT COMPANY: HRL Construction CONTRACT FOR: PO-2311:SWWP HRL Construction 2320 West Holly Street Phoenix, Arizona 85009

DATE CREATED: 12/20/2022 CREATED BY: John Russell (Sigma Contracting, Inc)

CONTRACT STATUS: Approved REVISION: 0

REQUEST RECEIVED Ralph Wharton LOCATION: Interior FROM:

DESIGNATED REVIEWER: John Russell (Sigma Contracting, Inc) REVIEWED BY:

DUE DATE: 12/20/2022 REVIEW DATE: 12/20/2022

INVOICED DATE: PAID DATE:

REFERENCE: CHANGE REASON: Existing Condition

PAID IN FULL: No EXECUTED: Yes

ACCOUNTING METHOD: Unit/Quantity Based SCHEDULE IMPACT:

FIELD CHANGE: Yes SIGNED CHANGE ORDER RECEIVED DATE:

TOTAL AMOUNT: $3,250.00

DESCRIPTION: CE #060 - Final Cleaning

ATTACHMENTS: HRL INV#0861 - Tempe Dance, Final Cleaning 12.20.2022.pdf

CHANGE ORDER LINE ITEMS:

# Budget Code Description Qty Units Unit Cost Subtotal 01910.O Final Building Clean-Up.Other Final Clean 1.0 ls $3,250.00 $3,250.00 Grand Total: $3,250.00

The original (Contract Sum) $ 506.00 Net change by previously authorized Change Orders $ 45,695.25 The contract sum prior to this Change Order was $ 46,201.25 The contract sum will be increased by this Change Order in the amount of $ 3,250.00 The new contract sum including this Change Order will be $ 49,451.25 The contract time will not be changed by this Change Order.

John Russell Kim Russell Russell O="Sigma Contracting ", OU=Sr. Project Manger, CN=John Russell Reason: I am approving this document Date: 2022.12.20 16:44:09 Contact Info: 602-502-5977 ProcoreGeneralContractorSignHere Date: 2022.12.20ProcoreGeneralContractorSignedDate 16:37:10-07'00' ProcoreSubcontractorSignHere -07'00' ProcoreSubcontractorSignedDate

SIGNATURE DATE SIGNATURE DATE

Sigma Contracting Page 1 of 1 Printed On: 12/20/2022 04 :32 PM CCO #010

Purchase Order Change Order #010: CE #068 - Horizontal Caulking CONTRACT COMPANY: HRL Construction CONTRACT FOR: PO-2311:SWWP HRL Construction 2320 West Holly Street Phoenix, Arizona 85009

DATE CREATED: 1/13/2023 CREATED BY: John Russell (Sigma Contracting, Inc)

CONTRACT STATUS: Approved REVISION: 0

REQUEST RECEIVED Ralph Wharton LOCATION: FROM:

DESIGNATED REVIEWER: John Russell (Sigma Contracting, Inc) REVIEWED BY:

DUE DATE: 01/17/2023 REVIEW DATE: 01/13/2023

INVOICED DATE: PAID DATE:

REFERENCE: CHANGE REASON: Allowance

PAID IN FULL: No EXECUTED: Yes

ACCOUNTING METHOD: Unit/Quantity Based SCHEDULE IMPACT:

FIELD CHANGE: Yes SIGNED CHANGE ORDER RECEIVED DATE:

TOTAL AMOUNT: $1,092.50

DESCRIPTION: CE #068 - Horizontal Caulking Remove zip cap at front and rear concrete flatwork where the sidewalks meet the building. Caulk all areas with this conditions. ATTACHMENTS: HRL INV#0866 - Tempe Dance - Caulking.pdf

CHANGE ORDER LINE ITEMS:

# Budget Code Description Qty Units Unit Cost Subtotal 07920.O Sealants & Caulking.Other Horizontal Caulking 1.0 $1,092.50 $1,092.50 Grand Total: $1,092.50

The original (Contract Sum) $ 506.00 Net change by previously authorized Change Orders $ 48,945.25 The contract sum prior to this Change Order was $ 49,451.25 The contract sum will be increased by this Change Order in the amount of $ 1,092.50 The new contract sum including this Change Order will be $ 50,543.75 The contract time will not be changed by this Change Order.

Kim Russell DN: C=US, E=[email redacted], Russell John Russell O="Sigma Contracting ", OU=Sr. Project Manger, CN=John Russell Reason: I am approving this document Date: 2023.01.17 11:33:44 ProcoreGeneralContractorSignHere Contact Info: 602-502-5977 ProcoreGeneralContractorSignedDate Date: 2023.01.13 13:01:56-07'00' ProcoreSubcontractorSignHere -07'00' ProcoreSubcontractorSignedDate

SIGNATURE DATE SIGNATURE DATE

Sigma Contracting Page 1 of 1 Printed On: 1/13/2023 01 :00 PM CCO #011

Purchase Order Change Order #011: CE #069 - Millwork -BC to Gaston CONTRACT COMPANY: HRL Construction CONTRACT FOR: PO-2311:SWWP HRL Construction 2320 West Holly Street Phoenix, Arizona 85009

DATE CREATED: 1/18/2023 CREATED BY: Melissa Pilnock (Sigma Contracting, Inc)

CONTRACT STATUS: Pending - In Review REVISION: 0

REQUEST RECEIVED LOCATION: FROM:

DESIGNATED REVIEWER: REVIEWED BY:

DUE DATE: 01/20/2023 REVIEW DATE:

INVOICED DATE: PAID DATE:

REFERENCE: CHANGE REASON: Design Development

PAID IN FULL: No EXECUTED: No

ACCOUNTING METHOD: Unit/Quantity Based SCHEDULE IMPACT:

FIELD CHANGE: No SIGNED CHANGE ORDER RECEIVED DATE:

TOTAL AMOUNT: $207.00

DESCRIPTION: CE #069 - Millwork -BC to Gaston HRL #868 to install front lobby millwork desk and provide backing in the framed wall. ATTACHMENTS: HRL INV#0868 - Tempe Dance - Millwork.pdf

CHANGE ORDER LINE ITEMS:

# Budget Code Description Qty Units Unit Cost Subtotal 02311.O SWPP.Other millwork install 1.0 $207.00 $207.00 Grand Total: $207.00

The original (Contract Sum) $ 506.00 Net change by previously authorized Change Orders $ 50,037.75 The contract sum prior to this Change Order was $ 50,543.75 The contract sum would be changed by this Change Order in the amount of $ 207.00 The new contract sum including this Change Order will be $ 50,750.75 The contract time will not be changed by this Change Order.

John Russell O="Sigma Contracting ", OU=Sr. Project Manger, CN=John Russell Reason: I am approving this document Contact Info: 602-502-5977 ProcoreGeneralContractorSignHere ProcoreGeneralContractorSignedDate Date: 2023.01.30 11:29:20-07'00' ProcoreSubcontractorSignHere Pro Proco Procor ro rocor ocoreSubco o eSubcontrac eSubc Subcontrac ntract ntr ntra trac orSign rSign rSig rS Sig Sign ign gnHere gn He ere re 01/19/2023 ProcoreSubcontractorSignedDate

SIGNATURE DATE SIGNATURE DATE

Sigma Contracting Page 1 of 1 Printed On: 1/18/2023 11 :35 AM CCO #012

Sigma Contracting Project: 21858 - Tempe Dance West Laveen 9019 E. Bahia Drive | Suite #102 3253 West Baseline Road Scottsdale, Arizona 85260 Laveen, Arizona 85339 Phone: +[number redacted] Phone: 480-440-5482

Purchase Order Change Order #012: CE #075 - Negotiated Full & Fi CONTRACT COMPANY: HRL Construction CONTRACT FOR: PO-2311:SWWP HRL Construction 2320 West Holly Street Phoenix, Arizona 85009

DATE CREATED: 9/19/2023 CREATED BY: John Russell (Sigma Contracting, Inc)

CONTRACT STATUS: Approved REVISION: 0

REQUEST RECEIVED Jerry Patterson LOCATION: FROM:

DESIGNATED REVIEWER: John Russell (Sigma Contracting, Inc) REVIEWED BY:

DUE DATE: REVIEW DATE: 09/19/2023

INVOICED DATE: PAID DATE:

REFERENCE: CHANGE REASON: Client Request

PAID IN FULL: No EXECUTED: No

ACCOUNTING METHOD: Unit/Quantity Based SCHEDULE IMPACT:

FIELD CHANGE: Yes SIGNED CHANGE ORDER RECEIVED DATE:

TOTAL AMOUNT: ($2,618.61)

DESCRIPTION: CE #075 - Negotiated Full & Final Amounts For The Tempe Dance Project Sigma Contracting has legally negotiated down to a number to avoid further actions. This amount is an agreed upon closure amount to final the project out financially. No other monies will be due beyond this amount. Punch list items will still be required to be completed. By signing this change order you are agreeing to the negotiated amount and to completing punch items assigned to your firm. ATTACHMENTS:

CHANGE ORDER LINE ITEMS:

# Budget Code Description Qty Units Unit Cost Subtotal Negotiated Full & Final Amounts For The Tempe Dance 09900.O Painting.Other 1.0 ls $(2,618.61) $(2,618.61) Project Grand Total: $(2,618.61)

The original (Contract Sum) $ 506.00 Net change by previously authorized Change Orders $ 50,244.75 The contract sum prior to this Change Order was $ 50,750.75 The contract sum will be decreased by this Change Order in the amount of ($2,618.61) The new contract sum including this Change Order will be $ 48,132.14 The contract time will not be changed by this Change Order.

John Russell O=Project Manager, OU=Sigma Contracting, CN=John Russell

ProcoreGeneralContractorSignHere Reason: I am approving this document Contact Info: 602-502-5977 ProcoreGeneralContractorSignedDate Date: 2023.09.20 13:07:35-07'00' ProcoreSubcontractorSignHere Procor ProcorreSu eSubc eSubco Sub ntntr ntract ntra trra orSig orSign or rrSign ign gnHer He Here ere re 09/20/2023 ProcoreSubcontractorSignedDate

SIGNATURE DATE SIGNATURE DATE

Sigma Contracting Page 1 of 1 Printed On: 9/19/2023 02 :34 PM HRL Construction, LLC Invoice 2320 W Holly Street Date Invoice # Phoenix, AZ 85009 1/13/2022 590

Bill To Sigma Contracting, Inc. John Russell 9019 E. Bahia Drive, Suite #102 Scottsdale, AZ 85260

P.O. No. Terms Project

Tempe Dance

Quantity Description Rate Amount

Site work 1/7/2022, 1/10/2022, 1/11/2022, 1/13/2022: 55.00 1,760.00

Paint and repairs to Sigma job trailer onsite:

Remove old signs from trailer. Remove all rotten trim. Remove all screws, nails, old caulking, etc. Cut replacement trim to size and install, then caulk in all seams. Caulk around all existing trim, windows and doors.

Paint (2) coats of base color, per instruction. Tape, paper and paint new trim, per instruction. Install new signage. Materials purchased 826.59 826.59 0.063 Laveen Sales Tax - 6.3% 2,586.68 162.96 0.15 Overhead & Profit 2,749.64 412.45

Total $3,162.00 HRL Construction, LLC Invoice 2320 W Holly Street Date Invoice # Phoenix, AZ 85009 3/16/2022 639

Bill To Sigma Contracting, Inc. John Russell 9019 E. Bahia Drive, Suite #102 Scottsdale, AZ 85260

P.O. No. Terms Project

Tempe Dance

Quantity Description Rate Amount

Site work 3/15/2022: 450.00 450.00

Hand grading and fix waddles

Total $450.00 HRL Construction, LLC Invoice 2320 W Holly Street Date Invoice # Phoenix, AZ 85009 3/24/2022 646

Bill To Sigma Contracting, Inc. John Russell 9019 E. Bahia Drive, Suite #102 Scottsdale, AZ 85260

P.O. No. Terms Project

Tempe Dance

Quantity Description Rate Amount

Grading - remove dirt and level property, allowing water to exit from site 1,900.00 1,900.00

Total $1,900.00 HRL Construction, LLC Invoice 2320 W Holly Street Date Invoice # Phoenix, AZ 85009 10/12/2022 805

Bill To Sigma Contracting, Inc. John Russell 9019 E. Bahia Drive, Suite #102 Scottsdale, AZ 85260

P.O. No. Terms Project

Tempe Dance

Quantity Description Rate Amount

Caulking 3,954.00 3,954.00

Total $3,954.00 HRL Construction, LLC Invoice 2320 W Holly Street Date Invoice # Phoenix, AZ 85009 11/9/2022 826

Bill To Sigma Contracting, Inc. John Russell 9019 E. Bahia Drive, Suite #102 Scottsdale, AZ 85260

P.O. No. Terms Project

Tempe Dance

Quantity Description Rate Amount

Adjustment due to error in paint bid. 7,500.00 7,500.00

Total $7,500.00 HRL Construction, LLC Invoice 2320 W Holly Street Date Invoice # Phoenix, AZ 85009 12/19/2022 854

Bill To Sigma Contracting, Inc. John Russell 9019 E. Bahia Drive, Suite #102 Scottsdale, AZ 85260

P.O. No. Terms Project

Tempe Dance

Quantity Description Rate Amount

Site Work: 1,375.00 1,375.00

Grind down (5) posts of concrete around the edge, adding a smooth finish. Grind along edge of door entrance and along edge of building. Cut out concrete to add drain cap.

0.15 Overhead & Profit - 15% 1,375.00 206.25

Total $1,581.25 HRL Construction, LLC Invoice 2320 W Holly Street Date Invoice # Phoenix, AZ 85009 12/20/2022 861

Bill To Sigma Contracting, Inc. John Russell 9019 E. Bahia Drive, Suite #102 Scottsdale, AZ 85260

P.O. No. Terms Project

Tempe Dance

Quantity Description Rate Amount

Full and final cleaning of project. 3,250.00 3,250.00

Total $3,250.00 HRL Construction, LLC Invoice 2320 W Holly Street Date Invoice # Phoenix, AZ 85009 1/12/2023 866

Bill To Sigma Contracting, Inc. John Russell 9019 E. Bahia Drive, Suite #102 Scottsdale, AZ 85260

P.O. No. Terms Project

Tempe Dance

Quantity Description Rate Amount

Clean white strip. Complete horizontal caulking of all concrete sidewalk with zip-cap. 950.00 950.00

Includes materials and labor. 0.15 Overhead & Profit - 15% 950.00 142.50

Total $1,092.50 HRL Construction, LLC Invoice 2320 W Holly Street Date Invoice # Phoenix, AZ 85009 1/12/2023 868

Bill To Sigma Contracting, Inc. John Russell 9019 E. Bahia Drive, Suite #102 Scottsdale, AZ 85260

P.O. No. Terms Project

Tempe Dance

Quantity Description Rate Amount

Millwork & Trim: 45.00 180.00

Install front lobby millwork desk and provide backing in framed wall.

Labor only. 0.15 Overhead & Profit - 15% 180.00 27.00

Total $207.00 Received 3/07/2024 ROC Legal

March 7, 2024

Arizona Registrar of Contractors

1700 West Washington Street, Suite 105

Phoenix, Arizona 85007-2812

Written Answer to Citation and Complaint

Attention: Robert Stirling

Re: Case Number: 2024-01013 Tempe Dance Studio Lavene, Arizona

Dear Mr. Stirling

I am writing in response to the complaint letter issued to Sigma Contracting, Inc. dated February 9, 2024, and the subsequent citation. We are being accused of being in violation of A.R.S. Section 32-1154(A)(10) on this project for non-payment to the complainant, HRL Construction LLC.

Per the previous response dated February 13, 2024, from Sigma to the Registrar, on this matter it was noted that John Russel (employee of Sigma Contracting and Owner of HRL Construction) issued a series of purchase orders and change orders to himself (HRL) for a variety of construction services. All of these are available in the original filing by HRL.

Exhibit: CCO #005 submitted by HRL specifically identifies the painting of the building to be performed by HRL. The work scope reads under DESCRIPTION: “Prime and paint walls and ceilings. Paint exposed roof…etc..”. HRL never finished painting all the walls and ceilings per the plans and specifications. There are painted accent features noted within in the plans that HRL never completed. See images below where the diagonal striping shows the location of the missing accent stripes along with the paint colors identified as PT-1 through PT-8.

Woman’s Restroom

PT-4 – Emotional (Red)

PT-1 – Origami White

PT-5 – Copper Harbor (Orange)

Men’s Restroom

PT-8 – Grand Canal (Blue)

PT-1 - Origami White

PT-7 – Jadite (Grene)

We have also attached a copy of plan sheet A220 of the project plans showing these locations which are highlighted for ease of identification. See attached.

A punch list from the project Architect was issued in December 2022 and updated throughout 2023 depicting painting items being incomplete or unsatisfactorily performed. See attached.

None of the painting work on either of the punch lists were ever addressed or completed by HRL. HRL elected to suspend their contractor’s license in February 2023 and John left Sigma in September of 2023. Because HRL did not complete its contractual obligations and John left Sigma ten months later (having not finished this punch work) Sigma had to hire another licensed painter to complete this punch work which was finally completed in January 2024. 9019 E. Bahia Dr., Suite 102, Scottsdale, Arizona 85260 602.788.7800 FAX 602.788.4577 www.sigmacontracting.com AZ License #070784/061117, CA License #920881, CO License #[number redacted], NM License #363761, NV License #0032258, OK Registered, TX Registered Received 3/07/2024 ROC Legal

To minimize redundancy please refer to the February 13, 2024, letter issued to the Registrar from Sigma identifying these concerns.

In conclusion, we do not believe that Sigma is in violation of A.R.S. Section 32-1154(A)(10) as HRL never finished their contractual obligations and Sigma had to retain others to do this work. The remaining contractual funds were used to pay others to complete this work once HRL elected not to take any action towards completing their contractual obligations.

As of this writing, Sigma is still owed $50,000.00 from the Owner due to punch list items being dragged out for over a year.

Please let us know what the next steps are in getting this matter resolved.

Respectfully submitted,

Dan Hinkson, President

Sigma Contracting, Inc.

Contact: Michelle Rutkowski, RA BIM 360://2008_Tempe Dance West/2021_TEMPE DANCE WEST_ARCH.rvt 2 3 4 5 6 7

[email redacted] JANITOR TOILET 1 KEYNOTES

www.morstudio.net 102 A220 103 NUMBER TEXT A

602.617.3552 PO Box 5824 Carefree, AZ B 23-001 Diffuser/Return Air Grille Paint To Match Adjacent Ceiling Or Wall.

7 11'-5" 2'-10" 3'-3" C PT-3 A322 13 A322 7 8 A321 10

SC SC PT-1 12 A321 MENS PT-1 9 104

LVT-1 LVT-1 LOBBY 3 PT-1 8 A320 PT-2 09-007 101 A320 2 10-003 2 PT-7

LVT-1 SS-1 10-001 3 A321 1

SC WOMENS 4 A321 STORAGE OFFICE

4'-0" 7 A320 105 106 107 09-008 PL-1 A320 6 A321 SC LVT-1 PT-3 PT-3 PT-1 8'-1" 5'-6" 4'-4" T-1 6 D PT-2 INTERIOR FINISHES D A R RE C E 104 MENS - NORTH LVT-2 LVT-1 T I CA T H STUDIO I F

I S E

I T 1/4" = 1'-0" PT-2 PT-1 COLOR: SW636 SHERWIN WILLIAMS T

R REG

E CT "ORIGAMI WHITE"

NO 111 47409 6" 6"

. COLOR: SW7044 SHERWIN WILLIAMS MICHELLE O. FLOOR FINISH AS PT-2 RUTKOWSKI 021

. . Da ALIGN PT-1 BAND WITH CEILING PT-6 "AMAZING GRACE" (GREY) .. 2 SCHEDULED

. .12. A S BAND A ig ned . . .

. PT-2 RI 1 S. COLOR: SW7020 SHERWIN WILLIAMS ZO U. PT-3 NA PT-1 "BLACK FOX" (DARK GREY) PT-4 STUDIO A321 12 COLOR: SW6621 SHERWIN WILLIAMS PT-4 109 "EMOTIONAL" (RED) EXPIRES: 03-31-23 FLOOR FINISH AS COLOR: SW6634 SHERWIN WILLIAMS PT-1 CORRIDOR PT-5 DOCUMENT COPYRIGHTED IN 2021 SCHEDULED "COPPER HARBOR" (ORANGE) 108 PT-5 6 A322 PT-6 COLOR: SW9104 SHERWIN WILLIAMS SEE ELEVATION 6 / A322 "WOVEN WICKER" (TAUPE) FOR FINISHES AT CORRIDOR WEST

4'-0" WALL PT-7 COLOR: SW6459 SHERWIN WILLIAMS PT-2 SEE ELEVATION 5 / A322 09-008 PT-7 "JADITE" (GREEN) FOR FINISHES AT SOFFIT ISSUE PT-3 COLOR: SW6488 SHERWIN WILLIAMS

LVT-2 PT-8 # DESCRIPTION DATE 2'-0" "GRAND CANAL" (BLUE) 5'-5 1/2" 2'-0" TL-1 50% CDS 05-28-21 LVT-2 LVT-1 85% CDS 06-18-21

LVT-1 FRP-1 MARLITE - P100 WHITE PT-2 PERMIT SUBMITTAL 06-30-21 105 WOMENS - SOUTH E 4 1 PERMIT REVIEW 08-18-21 1/4" = 1'-0" PL-1 PLASTIC LAMINATE: PIONITE HPL COMMENTS PT-2 PATTERN: WA030-WE "PICNIC IN THE PARK WITH WOOD ESSENCE FINISH"- WOOD GRAIN VERTICAL PT-4 A322 5 PT-5 PT-2

LVT-1 PT-1 PT-2 A321

STUDIO SS-1 SOLID SURFACE: GRAY QUARTZ TBD

SC 110 CLOSET PT-1 113 PT-2 TL-1 RESTROOM WALL TILE: DALTILE DT EL40 STACKED BOND FLOOR FINISH AS SCHEDULED SMALL STUDIO WB-1 COVED RUBBER BASE ROPPE SS-1 112 WB-2 4" COVED RUBBER BASE WITH 1" TOE - VENTED; JOHNSONITE (BLACK - AS PROVIDED WITH HARLEQUIN FLOORS) PT-2 A322 2 A322 PT-2 PT-5 WB-3 SCHLUTER-DILEX-AHKA ALUMINUM COVE BASE: SATIN NICKEL FINISH 2 A322 LUXURY VINYL TILE: SHAWCONTRACT, STYLE: RESIDE #4094V, F BREAK ROOM LVT-1 12 MIL, 2MM, DIRECT GLUE, COLOR: DWELLING # 94250 SIZE: 5.91" X 47.24" 114 PT-7 LVT-2 LUXURY VINYL TILE (HARLEQUIN FLOORS VINYL) SEE ELEVATIONS FOR WALL A322 PT-7 FINISHES

TEMPE DANCE WEST LAVEEN SC-1 SEALED CONCRETE

2 3 JANITOR TOILET A400 2'-10" 3'-3" 103 102 PT-7 OPEN TO STRUCTURE GYP/PT-1

3247 WEST BASELINE ROAD, LAVEEN 85339 B FINISH PLAN 1/8" = 1'-0" EQ

PT-1

PT-1 8'-0" 9'-0" PT-8 C

MENS 104 12" 16" EQ

GYP/PT FINISH SCHEDULE Room 10" 12" 10'-0" GYP/P Number Room Name Floor Finish Base Finish Wall Finish Ceiling Finish Comments 23-001 T-1 LOBBY GYP/PT-1 101 5" GYP/PT-1 101 LOBBY LVT-1 WB-1 PT-1/WALL GRAPHIC GYP/PT-1 SEE FINISH PLANS AND INTERIOR ELEVATIONS FOR PAINT COLORS PT-1 102 TOILET SC WB-3 PT-1/TL-1 GYP/PT-1 SEE FINISH PLANS AND INTERIOR ELEVATIONS FOR PAINT COLORS 10'-0" 9'-6" A401 103 JANITOR SC WB-1 PT-1/FRP-1 OPEN TO STRUCTURE FRP TO 4'-0" HIGH- PT-1 ABOVE 104 MENS SC WB-3 PT-1/TL-1 GYP/PT SEE FINISH PLANS AND INTERIOR ELEVATIONS FOR PAINT COLORS WOMENS ALIGN 105 PT-5 PT-4 105 WOMENS SC WB-3 PT-1/TL-1 GYP/PT SEE FINISH PLANS AND INTERIOR ELEVATIONS FOR PAINT COLORS GYP/PT 106 STORAGE SC WB-1 PT-1 OPEN TO STRUCTURE/ PT-2 107 OFFICE LVT-1 WB-1 PT-1 GYP/PT-1 9'-0" 108 CORRIDOR LVT-1 WB-1 PT-1/PT-2 OPEN TO STRUCTURE/ PT-2 SEE FINISH PLANS AND INTERIOR ELEVATIONS FOR PAINT COLORS PROJECT NUMBER

PT-1 109 STUDIO LVT-2 WB-2 PT-2/MIRRORS ON LONG WALL OPEN TO STRUCTURE/ PT-2 SEE 8/A530 FOR LVT-2 FLOOR TRANSITION DETAIL AT DOOR 2008 B

FIRE RISER 115 23-001 6" 6" 110 STUDIO LVT-2 WB-2 PT-2/MIRRORS ON LONG WALL OPEN TO STRUCTURE/ PT-2 SEE 8/A530 FOR LVT-2 FLOOR TRANSITION DETAIL AT DOOR CONSTRUCTION DOCUMENTS OPEN TO STRUCTURE/ PT-2 1 111 STUDIO LVT-2 WB-2 PT-3/MIRRORS ON LONG WALL OPEN TO STRUCTURE/ PT-3 SEE 8/A530 FOR LVT-2 FLOOR TRANSITION DETAIL AT DOOR LEVEL 1 FINISH STORAGE 112 SMALL STUDIO LVT-1 WB-1 PT-2 OPEN TO STRUCTURE/ PT-2 106 OPEN TO STRUCTURE/ PT-2 PLANS 113 CLOSET SC WB-1 PT-1 OPEN TO STRUCTURE/ PT-2 D 114 BREAK ROOM LVT-1 WB-1 PT-1 OPEN TO STRUCTURE/ PT-2 SEE FINISH PLANS AND INTERIOR ELEVATIONS FOR PAINT COLORS 115 FIRE RISER SC - PT-1 OPEN TO STRUCTURE/ PT-2 CEILING FINISH PLAN 1/4" = 1'-0" 116 STORAGE LVT-1 WB-1 PT-1 OPEN TO STRUCTURE/ PT-2 PLOT DATE:10/26/2021 3:23:36 PM A220 SHEET NUMBER Received 3/07/2024 ROC Legal

FIELD REPORT/ FINAL PUNCH Number FR14 Date Issued 12.27.22 MOR Studio Project Number 2008 Project Tempe Dance West Laveen

Michelle Rutkowski PO Box 5824 Carefree, AZ 85377 [email redacted] www.morstudio.net 623.887.1181

TIME/ DATE OF FIELD VISIT:

12.27.22 Sandra, Michael, Michelle (Ralph on Site but not able to join walk)

TRADES ON SITE:

Cleaners

OBSERVATIONS/ PUNCH LIST:

NOTES:

We did not punch the roof during this visit since Ralph was not available- he was working with the County inspector when we left. We did not punch Office 107 or Storage 106. Since painting was still underway, we did not punch any painted walls.

THROUGHOUT:

1. It appears some flooring has been scratched by the millwork installation- it will not be apparent if it can be removed until after the final clean. Replace any scratched flooring. 2. Install missing fire sprinkler escutcheon plates in drywall ceiling throughout. 3. Install missing door silencers throughout 4. Clean all exterior window frames- remove paint

LOBBY 101:

1. Left side of storefront- patch /repair drywall at inside corner 2. Install blocking at open hole in front counter base before installing floor base to provide secure backing 3. Install missing base at front of desk 4. Paint white diffusers on teal wall per previous field report 5. Per 6/A320 set base cabinet tight to right wall – (the other side is okay as it provides access to outlets.) 6. Per General Note 7 and Keynote 06-018 on A320 – Install finished end panels on exposed sides. 7. Paint interior of desk and install base all around. 8. The front window coloring of replacement glass is not satisfactory to owner– address. 9. Install missing flooring at front desk

Page 1 Received 3/07/2024 ROC Legal

FIELD REPORT/ FINAL PUNCH Number FR14 Date Issued 12.27.22 MOR Studio Project Number 2008 Project Tempe Dance West Laveen

Michelle Rutkowski PO Box 5824 Carefree, AZ 85377 [email redacted] www.morstudio.net 623.887.1181

LOBBY 101 (Hallway to Restrooms)

1. Repair and smooth drywall around light fixtures in ceiling- cracking and uneven 2. Install missing FEC 3. Replace drinking fountain with bottle filler model specified.

TOILET 102

1. Install finished end panels on all exposed sides of millwork 2. Install removable front finished panel below sink. 3. Door operator is not operational- finalize install 4. Finish plumbing hookup 5. Per Specification Section 03-35-13 _Salt and Pepper Grind and layers of sealant were expected in finished concrete areas and no markings shall be visible.

MENS 104

1. Seal between wall and Schluter strip at CMU (Per Specification Section 07 92 00-4 /3.03/ 2 / b. Joints between dissimilar materials.) 2. Seal at drywall to CMU transition north of door 103A 3. Install missing full-length mirror (Keynote 10-013) on A202 4. Install plastic laminate edging where panel was cut 5. Replace tile and repair grout at holes where toilet cover dispensers were removed. 6. Per Specification Section 03-35-13 _Salt and Pepper Grind, and layers of sealant were expected in finished concrete areas and no markings shall be visible. 7. Install removable front finished panel below sink. 8. Repair drywall where panel was cut back 9. Seal gaps around ceiling at walls at transition of CMU and Drywall (Per Specification Section 07 00-4 /3.03/ 2 / b. Joints between dissimilar materials.)

JANITOR 103

1. Seal at all FRP Transitions around mop sink to prevent water infiltration (Per Specification Section 07 92 00-4 /3.03/ 2 / b. Joints between dissimilar materials.) 2. Install FRP top Trim

Page 2 Received 3/07/2024 ROC Legal

FIELD REPORT/ FINAL PUNCH Number FR14 Date Issued 12.27.22 MOR Studio Project Number 2008 Project Tempe Dance West Laveen

Michelle Rutkowski PO Box 5824 Carefree, AZ 85377 [email redacted] www.morstudio.net 623.887.1181

WOMENS 105

1. Seal between wall and Schluter strip at CMU (Per Specification Section 07 92 00-4 /3.03/ 2 / b. Joints between dissimilar materials.) 2. Emergency Light indicator plate loose at ceiling- address 3. Install missing full-length mirror (Keynote 10-013) on A202 4. Install missing wall mirror at vanity. 5. Seal around plumbing cap (in middle toilet stall down low) 6. Per Specification Section 03-35-13 _Salt and Pepper Grind, and layers of sealant were expected in finished concrete areas and no markings shall be visible.

STUDIO 109

1. Install LVT flooring in gap between studio floor and hallway and remove transition strip (Owner to provide rubber reducer) 2. 2-3 locations in the ceiling the joists had peeling paint- repaint carefully to avoid flooring (Sandra/Michael to mark the locations during final paint punch) 3. Tie drooping wires to joist to provide neat installation and cut excess hanging wire. 4. Michelle recommends to Sandra/ Michael they install WB_2 4" COVED RUBBER BASE WITH 1" TOE – VENTED per the construction drawings to allow for appropriate expansion and contraction joint coverage and ventilation at the floor. They said they had plans to do so after opening. 5. Install missing millwork

STUDIO 110

1. Install LVT flooring in gap between studio floor and hallway and remove transition strip (Owner to provide rubber reducer) 2. 2-3 locations in the ceiling the joists had peeling paint- repaint carefully to avoid flooring (Sandra/Michael to mark the locations during final paint punch) 3. Tie drooping wires to joist to provide neat installation. 4. Michelle recommends to Sandra/ Michael they install WB_2 4" COVED RUBBER BASE WITH 1" TOE – VENTED per the construction drawings to allow for appropriate expansion and

Page 3 Received 3/07/2024 ROC Legal

FIELD REPORT/ FINAL PUNCH Number FR14 Date Issued 12.27.22 MOR Studio Project Number 2008 Project Tempe Dance West Laveen

Michelle Rutkowski PO Box 5824 Carefree, AZ 85377 [email redacted] www.morstudio.net 623.887.1181

contraction joint coverage and ventilation at the floor. They said they had plans to do so after opening. 5. Install missing millwork 6. Address holes in south wall (see photos)

HALLWAY

1. Ralph and Sandra/Michael all confirm the benches in the hallway and break room to be clear sealed instead of painted – provide UV resistant anti-yellowing sealant- all glue shall be removed prior to sealant. 2. Per field report #4, that the access panels to the strip light drivers should be concealed and accessed from the studio side of the bench. As installed, the panel is clearly visible on top of the bench. Michael agrees that an acceptable alternative would be to install owner selected bench cushions to cover the panel. Michelle Recommends a charcoal color. 3. Finish base install by Installing one piece of base edge to edge on benches 4. Repair damaged drywall around benches

LARGE STUDIO 111 1. At exterior door 11B- Michelle recommends the owner’s flooring contractor install Pemko 2750A Saddle Threshold - 10" Width, 1/4" Height, Mill Finish Aluminum, cut to exterior wall opening sloped to outside and set in sealant to cover transition at flooring. Alternately a 10” wide ½” high reducing threshold would work. (Discussed on site with owner without specific model) 2. At exterior door- install all seals and sweeps for weather and pest proof condition. 3. Run conduit along wall instead of exposed above door 111A 4. Repaint joists 5. Address holes in CMU walls by south roof drain leader ( see photos) 6. The panic hardware on the right panel of 111B is sticking preventing free egress- address for smooth operation.

BREAK ROOM 114

1. Drywall to CMU in Break Room 114 wall transition by 108A – caulk Joint 2. Install missing flooring under ice machine

Page 4 Received 3/07/2024 ROC Legal

FIELD REPORT/ FINAL PUNCH Number FR14 Date Issued 12.27.22 MOR Studio Project Number 2008 Project Tempe Dance West Laveen

Michelle Rutkowski PO Box 5824 Carefree, AZ 85377 [email redacted] www.morstudio.net 623.887.1181

3. Install missing flooring at overhead door 4. Provide laminate finish at all exposed panels per General Note 7 and millwork shop drawings 5. Install ADA cabinet at sink with integral toe per 9/A530 and millwork shop drawings 6. Install integral toe and sloped chute at trash door covers per approved shop drawings 9/S2. 7. Provide specified door and cabinet pull per millwork shop drawing markups and plans 8. At island- Install faux cabinet to conceal exposed jbox and conduit or provide alternate remedy to conceal. Maintain 30” clear for ADA. 9. At the island, the Receptacle was not installed in the concealed location indicated in 16/A322, - Install charcoal grey outlet and cover to match countertop to remedy. 10. Install plumbing fixtures and connect 11. Install dome and drain cover at floor sink and shift ice maker into place. 12. We noted a duct with some exposed metal- Michael and Sandra to mark any paint touch ups with tape during paint punch.

SMALL STUDIO 112

1. Paint transition at north wall should occur at underside of joist not conduit to be consistent with other areas. 2. Michelle noted that the sprinkler head planned for below the overhead door (when in open position) was not yet installed- Contractor to discuss with fire sprinkler provider- please verify if this requirement was eliminated by another solution. 3. Address missing insulation and gap in underside of roof at HVAC unit. 4. Address hole in CMU wall.

EXTERIOR

1. Install Missing flashing at storefront window head 2. Install missing flashing at door head of large studio. 3. Install Fire lane signs and fire lane lettering 4. Repaint fire curb red- curb is marked and dinged from construction traffic 5. Sandra noted that she is concerned about the rolled curb installed at gravel drive is hard to drive over. The details call this to be a 4” curb and it appears to be closer to 6.5” at the high side but narrows to approximately 4” at low the side. The depth of the roll curb matches the MAG detail specified. We noted that there were some low spots beyond the curb that could be contributing

Page 5 Received 3/07/2024 ROC Legal

FIELD REPORT/ FINAL PUNCH Number FR14 Date Issued 12.27.22 MOR Studio Project Number 2008 Project Tempe Dance West Laveen

Michelle Rutkowski PO Box 5824 Carefree, AZ 85377 [email redacted] www.morstudio.net 623.887.1181

to the problem. Discuss with the owner if it is still a concern after the grading has been finished beyond the curb. 6. Per 2/L0.3 install vandal proof stainless steel box- or approved alternative to vandal proof cabinet. Sandra noted she has problems with the security of this cabinet on site. 7. Remove pink paint from stem wall at east side 8. Install missing escutcheon plates at roof drain outlets (saw these extra plates stacked by heater in janitors’ closet) 9. Remove concrete /grey markings from columns at back patio 10. Address grey markings on wall by back patio 11. Address grey pipe sticking up in patio – cover 12. Noted a plant had been tipped over and unearthed by back door – replant or replace 13. The alternate fixture installed above Door 11b is pointing out, too large for the door and too bright at night. Can it be replaced with an EM version of L7 centered above opening with no concealed jbox or conduit? 14. Address bright concrete bases and messy transition at column bases by front entry. 15. Address brown mark above entry high window (top left corner) 16. Remove dirt from high soffit above entry 17. Address EIFS damage by fire riser door. 18. Paint exterior Doors Pt-3 19. Smooth out grade and gravel at gravel drive- 20. Finish grading and rock placement at retention basin entry points (inspector was talking to Ralph about these areas when we left) 21. Verify all flashing has been installed at openings.

SIGNATURE OF FIELD REPRESENTATIVE: Michelle Rutkowski / MOR Studio

DATE: 12.27.22 Attachments: ATTACHMENTS: Construction Photos_221227

Page 6 Received 3/8/24, 7:58 AM State of Arizona Mail - Sigma Written Answer to Citation and Complaint, Case No. 2024-01013 3/07/2024 ROC Legal

Answers - AZROC <[email redacted]>

Sigma Written Answer to Citation and Complaint, Case No. 2024-01013 message

Dan Hinkson <[email redacted]> Thu, Mar 7, 2024 at 4:16 PM To: "[email redacted]" <[email redacted]> Cc: Jerry Patterson <[email redacted]>, Sandy Jordan <[email redacted]>, Denise Ballesteros <[email redacted]>

Mr. Stirling

Please find attached our Written Answers to Citation and Complaint, Case No. 2024-01013 filed by HRL Construction. In addition to our written response we have included some additional supplemental documentation that supports our position on this matter. Should you have any questions please feel free to contact me either via email or phone.

Dan Hinkson President

Sigma Contracting, Inc. 9019 E. Bahia Dr., Suite 102

Scottsdale, AZ 85260

P (602)788-7800 M (602)469-1772 FAX (602)788-4577

[email redacted]

Building With Integrity Since 1983 Arizona | California | Colorado | New Mexico

Nevada | Oklahoma | Texas | Utah

https://mail.google.com/mail/b/AEoRXRSuj9foWYLemP7qb-jspue76QcXh055T2LzBMB8P1rCTpP-/u/0/?ik=581c53cf5c&view=pt&search=all&permthi… 1/2 Received 3/8/24, 7:58 AM State of Arizona Mail - Sigma Written Answer to Citation and Complaint, Case No. 2024-01013 3/07/2024 ROC Legal

See what we’ve been up to here: www.SigmaContracting.com

attachments 7 24 Written Answer to Citation and Complaint Case Number 2024-01013.pdf 197K FIELD REPORT_14 Punch List for Tempe Dance 12 27 22.pdf 201K 231107_Tempe Dance Paint Dimensions Sheet A220.pdf 731K

https://mail.google.com/mail/b/AEoRXRSuj9foWYLemP7qb-jspue76QcXh055T2LzBMB8P1rCTpP-/u/0/?ik=581c53cf5c&view=pt&search=all&permthi… 2/2 Mediation Notice

Mediation Services Mediation services are available to the parties. What is Mediation? Mediation is a method of resolving disputes where the parties can end conflict without the expense and time associated with the full administrative process. Who Participates in During mediation, a mediator will attempt to help the Mediation? parties find an optimal solution to the conflict. Both parties must agree to participate in mediation, and both parties must bring a representative to mediation that has full authority to settle the entire matter. Mediation Is Not Neither the Registrar nor the Office of Administrative Mandatory Hearings will penalize a party for not agreeing to mediation. Where do the Parties The parties will meet at the Office of Administrative Meet for Mediation? Hearings to participate in mediation.

The Office of Administrative Hearings is located at 1400 West Washington, Suite 101, Phoenix, Arizona 85007. When does Mediation can occur after the Registrar issues a citation, but Mediation Occur? before the administrative hearing. Why Should Parties Mediation can be an alternative to the full administrative Consider Mediation? process. Mediation is beneficial because it is (1) time- efficient, (2) cost-effective, (3) confidential, and (4) capable of providing flexible solutions to complex problems. How to Request If the parties wish to mediate this case, they must file a Joint Mediation Request for Mediation with the Office of Administrative Hearings. A Joint Request for Mediation is included with this Mediation Notice. REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA _________________________ Case No. _______________ COMPLAINANT,

v. JOINT REQUEST FOR MEDIATION _________________________ RESPONDENT.

REQUEST

The parties jointly request that this matter be referred to mediation in the Office of Administrative Hearings (OAH). ☐ This matter is set for hearing on __________________(date). ☐ This matter is not currently set for hearing. MEDIATION AGREEMENT By requesting this mediation and signing below, the parties understand, represent, and agree: 1. The parties are prepared to commence mediation and will be ready for mediation on _____________________(date); 2. The parties will participate in the mediation process in good faith; 3. This request for mediation is not intended to hinder or delay administrative proceedings; 4. No party will contend that the mediation limits the power of OAH and its administrative law judges to conduct an administrative hearing and issue decisions under A.R.S. §§ 41-1092 – 1092.12; 5. The parties will be courteous and respectful throughout the mediation process to all participants; 6. The mediation is completely voluntary and the principal purpose is to allow the parties a full and fair opportunity to discuss settlement; of 3 REGISTRAR OF CONTRACTORS 1700 W. Washington St. Suite 105 – PHOENIX, AZ 85007-2812 Telephone (602)542-1525 1-877-692-9762 7. The mediator may conduct joint and separate meetings with the parties and may suggest resolutions to the parties’ dispute, but the mediator has no authority to impose a settlement upon the parties; 8. The mediation process is confidential. Communications made, material created for or used during, and acts occurring during mediation are confidential and may not be discovered or admitted into evidence in any proceeding except as provided by A.R.S. § 12-2238; 9. The mediator is not subject to service of process or a subpoena to produce evidence or to testify regarding any evidence or occurrence relating to the mediation except as provided in A.R.S. § 12-2238(C); 10. Neither the mediator, nor the Registrar of Contractors, nor the Office of Administrative Hearings is subject to civil liability for any act or omission in connection with any mediation service or activity except for acts involving

intentional misconduct or reckless disregard of a substantial risk of injury to the rights of others; 11. Throughout the mediation process, each party must have a representative present who will have full settlement authority to settle all claims at issue in the administrative

proceeding. 12. The mediation process will terminate when: a. The parties reach settlement; b. The mediator determines that further efforts at mediation are no longer likely

to achieve a settlement; or c. One of the parties withdraws from mediation. _____________________________________ _______________________ Complainant (or representative) Date

_____________________________________ _______________________ Respondent (or representative) Date

of 3 REGISTRAR OF CONTRACTORS 1700 W. Washington St. Suite 105 – PHOENIX, AZ 85007-2812 Telephone (602)542-1525 1-877-692-9762 PREHEARING DISCLOSURE STATEMENT INSTRUCTIONS ***DO NOT SUBMIT THESE INSTRUCTIONS WITH THE PREHEARING DISCLOSURE FORM***

ADMINISTRATIVE RULES A copy of the Arizona Administrative Code’s Rules for the Registrar of Contractors can be located on the Registrar’s Website.

PREHEARING DISCLOSURE REQUIREMENT Under A.A.C. R4-9-118(A), before a hearing, the parties must prepare a disclosure statement. The disclosure statement must contain: • A list of all the witnesses the party will call to testify, including the witnesses’ contact information and a brief description of the subject matter of the witnesses’ expected testimony; and • A list of all the exhibits that the party will use at the hearing.

FILE PREHEARING DISCLOSURE STATEMENTS • The Prehearing Disclosure Statements and Exhibits may be submitted to the Arizona Office of Administrative Hearings using any of the following: • Electronically: https://portal.azoah.com/submission/ • In-Person or by Mail: 1740 West Adams Street, Lower Level, Phoenix, Arizona 85007

EXCHANGING DISCLOSURE STATEMENTS AND EXHIBITS Under A.A.C. R4-9-118(B) (effective November 5, 2017), a party to the hearing must serve on every other party and file with the Office of Administrative Hearings a copy of: • The disclosure statement; and, • Any exhibit that the party will use at the hearing. Service: The disclosure statement and exhibits must be served on all parties in accordance with Arizona Administrative Code R2-19-108 Filing Documents. Under A.A.C. R2-19-108, service is completed by: • Personal delivery; • 1st class, certified or express mail; or • Facsimile. Timing: The disclosure statement and the exhibits must be served and filed not less than seven calendar days before the date of the hearing. Under A.A.C. R2-19-108, a document is served on a party: • On the date it is personally served; • Five days after it is mailed by express or 1st class mail; • On the date of the return receipt if it is mailed by certified mail; or • On the date indicated on the facsimile transmission.

CONSEQUENCES FOR FAILING TO DISCLOSE Under A.A.C. R4-9-108(C), if a witness or an exhibit is not timely disclosed as required the rules, and good cause for the failure to disclose is not shown, then the administrative law judge may: • Order that certain witnesses or exhibits not be used at the hearing; • Order that a particular fact is or is not established for the record; or, • Order that a charge, a defense, a claim, or some portion thereof, be dismissed.

Form RC-L-800A Prehearing Disclosure Statement Rev. 10/08/2019 Instructions Form PREHEARING DISCLOSURE STATEMENT FORM RC-L-800A

PART 1: WITNESS LIST DOCKET NO. Under A.A.C. R4-9-118(A), before a hearing, a party must prepare a disclosure statement containing a list of all the witnesses the party will call to testify, including the witnesses’ contact information and a brief description of the subject matter of the witnesses’ expected testimony. If you need additional space to list all witnesses, complete and attach additional Witness Lists. Example 1. Name 2. Telephone Number 3. Email Address

John Doe (123) 456-7890 [email redacted] 4. Subject Matter of Expected Testimony

John Doe will testify regarding the poor workmanship and poor installation of the Garage Door. Mr. Doe will also testify regarding the invoices and change orders for the project.

Witness 1. Name 2. Telephone Number 3. Email Address

4. Subject Matter of Expected Testimony

Witness 1. Name 2. Telephone Number 3. Email Address

4. Subject Matter of Expected Testimony

Witness 1. Name 2. Telephone Number 3. Email Address

4. Subject Matter of Expected Testimony

Witness 1. Name 2. Telephone Number 3. Email Address

4. Subject Matter of Expected Testimony

Form RC-L-800A Prehearing Disclosure Statement Rev. 1/15/2019 Page 1 of 3 PART 2: EXHIBIT LIST DOCKET NO. Under A.A.C. R4-9-118(A), before a hearing, a party must prepare a disclosure statement containing a list of all the exhibits that the party will use at the hearing. Note: All exhibits listed below must be provided to all parties to the hearing. See A.A.C. R4-9-118(B). If you need additional space to list all witnesses, complete and attach additional Exhibit Lists. Example Contract for new garage door. Invoice #10001 – Cost for garage door replacement.

Exhibit Exhibit Name

Form RC-L-800A Prehearing Disclosure Statement Rev. 1/15/2019 Page 2 of 3 PART 3: ACKNOWLEDGEMENT & SIGNATURE I certify that the above information is true and correct and that I will serve a copy of this disclosure statement and any exhibits listed in Part 2 to all parties to the hearing in accordance with A.A.C. R4-9-118. I acknowledge and understand that if I fail to properly disclose a witness or exhibit, the administrative law judge may: • Order that certain witnesses or exhibits not be used at the hearing; • Order that a particular fact is or is not established for the record; or, • Order that a charge, a defense, a claim, or some portion thereof, be dismissed.

I am the (check one):  Complainant  Respondent Docket No.

Print Name Signature Date

Form RC-L-800A Prehearing Disclosure Statement Rev. 1/15/2019 Page 3 of 3