2024A-01017-NPC-ROC Notice of Hearing and Packet MAILED

2024A-01017-NPC-ROC · Registrar of Contractors · 2024-03-28

REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA

HRL Construction LLC, Case No. 2024-01017 COMPLAINANT, Docket No. 2024A-01017-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 15, 2024 1:00 PM 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 29, 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 28, 2024.

By: /s/ Erika Hoskin Erika Hoskin Legal Secretary Legal Department Arizona Registrar of Contractors Copy mailed via USPS First Class mail March 28, 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. 2024-01017 /

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

January 29, 2024

Via U.S. Mail and Email

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

HRL Construction LLC 4410 W Union Hills Dr Glendale, AZ 85308

Via U.S. Mail and Email

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

Re: Complaint No. 2024-01017

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 incomplete and will not be substantively reviewed by the Registrar until the following documentation is provided:

1. Contract signed by both parties, but if there was no written contract, then a written statement that includes the following information: I. The reason a written contract is not being provided (e.g. the contractor did not provide a written contract, the contract is lost, the contract was destroyed); II. A description of any written documents used to describe the contract (e.g. bid, proposal, invoice, receipt); III. The names of the people who negotiated the contract; IV. The agreed upon payment schedule(s); and V. An explanation of who was to receive payment

Please provide all requested information by February 8, 2024. The Registrar will close this complaint (as incomplete) without further written notice if you fail to provide the requested documentation by such date.

1700 W. Washington Street, Suite 105 · Phoenix, AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov Lg100a 11/23 Documents can be submitted by:

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

Although the complaint is incomplete at this time, Respondent may file a response with the Registrar raising any issues or affirmative defenses to the complaint.

If the required information is provided and this complaint becomes complete, Respondent will be provided an additional opportunity to respond to the complaint.

Sincerely,

/s/ Katelyn Rolling Katelyn Rolling Legal Assistant II Legal Department Arizona Registrar of Contractors

1700 W. Washington Street, Suite 105 · Phoenix, AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov Lg100a 11/23 RECEIVED 02/07/2024 ROC LEGAL

Legal New Mail - AZROC <[email redacted]>

RE: ROC Notice of Incomplete No-Pay Complaint 2024-01017 - DO NOT REPLY message

Kim Russell <[email redacted]> Wed, Feb 7, 2024 at 4:19 PM To: Legal New Mail - AZROC <[email redacted]> Cc: Kim Russell <[email redacted]>

Hello,

The response from the ROC says I did not include a written contract. However, the “Purchase Order/PO” is the contract that was issued by Sigma to confirm HRL’s first task on this jobsite. Every subsequent Change Order/CCO gets added to the scope as the job/project progresses. I have reattached the PO, as well as all subsequent change orders, which are signed by both parties:

22865-Lifted_Trucks-Tucson_T.I-PO-01760-Supervision-2022-02-20.pdf (Purchase Order/PO) Lifted Trucks Supervision CCO#1_sigs.pdf (Change Order #1) Lifted Trucks HRL RC CCO#2_sigs.pdf (Change Order #2) 22865-Lifted_Trucks-Tucson_T.I-003-CE_010-Platform_from_Steel_to_Wood-2-22-09-19_sigs.pdf (Change Order #3) Lifted Trucks Marana HRL Tree Trim CC0#4.pdf (Change Order #4) Lifted Trucks Marana HRL Structural Masonry CCO#5.pdf (Change Order #5) Lifted Trucks HRL Fence Posts CCO#6.pdf (Change Order #6)

I have now also attached all of the corresponding HRL Invoices that were also sent to Sigma. The invoices were what Simga used to verify the work scope that was called for and issue the change orders, allowing the work to be completed onsite:

HRL INV #739 (accompanies the Purchase Order/PO) HRL INV #740 (accompanies CCO #1) HRL INV #765 (accompanies CCO #2) HRL INV #792 (accompanies CCO #3) HRL INV #801 (accompanies CCO #4) HRL INV #802 (accompanies CCO #5) HRL INV #832 (accompanies CCO #6)

The people/Sigma employees who negotiated the contract are:

Sandy Jordan Dan Hinkson Jerry Patterson John Russell

The agreed upon payment schedule was:

I was to send my pay app to Sandy Jordan by the 20th of each month. The payment was to be paid by the end of the following month (standard payment practices with payment applications). I have attached each payment application that was sent to Sandy Jordan at Sigma: Lifted Trucks Tucson TI – HRL Pay App 7.20.2022.xls (sent 7/20/2022) Lifted Trucks Tucson TI – HRL Pay App 8.19.2022.xls (sent 8/19/2022) Lifted Trucks Tucson TI – HRL Pay App 9.20.2022.xls (sent 9/20/2022) Lifted Trucks Tucson TI – HRL Pay App 10.20.2022.xls (sent 10/20/2022) RECEIVED 02/07/2024 Lifted Trucks Tucson TI – HRL Pay App 11.21.2022.xls (sent 11/21/2022) ROC LEGAL

HRL Construction was to receive the payments. I have attached an email correspondence from Jerry Patterson to myself from 1/5/2023, indicating Jerry’s intent to review the past due payments with John Russell. The total agreed upon scope including the PO and the 6 subsequent CCO’s was $21,505.83. So far, HRL has been paid $19,355.24. The balance owed is the 10% retention that is still owed to HRL in the amount of $2,150.59.

I hope this is helpful. Please let me know if you need anything else. Thank you,

Kim Russell H.R.L. Construction Office: 602-279-4163

From: Katelyn Rolling <[email redacted]> Sent: Monday, January 29, 2024 8:40 AM Subject: ROC Notice of Incomplete No-Pay Complaint 2024-01017 - DO NOT REPLY

Hello,

Attached, please find an electronic courtesy copy of the Notice of Incomplete No-Pay Complaint issued in Complaint No. 2024-01017. This document was also sent to your attention via US Mail.

Please do not reply directly to this email. Any reply or response should be addressed to [email redacted].

Katelyn Rolling

Legal Assistant II

Arizona Registrar of Contractors

1700 W Washington St Ste 105

Phoenix, AZ 85007

(602) 542-1525

---------- Forwarded message ---------- From: Kim Russell <[email redacted]> RECEIVED 02/07/2024 To: Kim Russell <[email redacted]> ROC LEGAL Cc: Bcc: Date: Wed, 7 Feb 2024 23:14:36 +0000 Subject: FW: HRL - Payments Update

Kim Russell H.R.L. Construction Office: 602-279-4163

From: Kim Russell Sent: Thursday, January 5, 2023 2:01 PM To: Jerry Patterson <[email redacted]>; Sandy Jordan <[email redacted]> Cc: John Russell <[email redacted]> Subject: RE: HRL - Payments Update

Thank you for the prompt response, Jerry. I appreciate it.

Kim Russell H.R.L. Construction Office: 602-279-4163

From: Jerry Patterson <[email redacted]> Sent: Thursday, January 5, 2023 1:59 PM To: Kim Russell <[email redacted]>; Sandy Jordan <[email redacted]> Cc: John Russell <[email redacted]> Subject: RE: HRL - Payments Update

I have three checks John and I are going to review in a few minutes.

From: Kim Russell <[email redacted]> Sent: Thursday, January 5, 2023 1:50 PM To: Sandy Jordan <[email redacted]> Cc: John Russell <[email redacted]>; Jerry Patterson <[email redacted]> Subject: RE: HRL - Payments Update

Hi Sandy,

Now that everyone is settled back in from the holiday away, do you have any updates on the past-due pay apps? RECEIVED 02/07/2024 ROC LEGAL

Thank you!

Kim Russell H.R.L. Construction Office: 602-279-4163

From: Sandy Jordan <[email redacted]> Sent: Wednesday, December 28, 2022 2:43 PM To: Kim Russell <[email redacted]> Subject: RE: HRL - Payments Update

They are not signed

Sandy Jordan Assistant Project Manager 602-788-7800 fax 602-788-4577 [email redacted]

Building Arizona Since 1983

From: Kim Russell <[email redacted]> Sent: Wednesday, December 28, 2022 2:34 PM To: Sandy Jordan <[email redacted]> Cc: John Russell <[email redacted]>; Jerry Patterson <[email redacted]> Subject: RE: HRL - Payments Update

Ok, great. Thank you, Sandy. Will I need to wait for Jerry to return to pick them up?

Kim Russell RECEIVED 02/07/2024 H.R.L. Construction ROC LEGAL

Office: 602-279-4163

From: Sandy Jordan <[email redacted]> Sent: Wednesday, December 28, 2022 10:57 AM To: Kim Russell <[email redacted]> Cc: John Russell <[email redacted]>; Jerry Patterson <[email redacted]> Subject: RE: HRL - Payments Update

I found these on Jerry’s Desk

October Lifted Trucks October Tempe Dance

Sandy Jordan Assistant Project Manager 602-788-7800 fax 602-788-4577 [email redacted]

Building Arizona Since 1983

From: Kim Russell <[email redacted]> Sent: Thursday, December 22, 2022 2:55 PM To: Sandy Jordan <[email redacted]> Cc: John Russell <[email redacted]> Subject: HRL - Payments Update

Hi Sandy,

Do you have any updates on payments for the following payment apps:

Athens on Easy St. Apps 7 & 8, September & October billings Tempe Dance App #7, October billing RECEIVED 02/07/2024 Lifted Trucks App #4, October billing ROC LEGAL Papago App #4, April billing

Thank you, Sandy! Merry Christmas!

Kim Russell H.R.L. Construction 2320 W. Holly St.

Phoenix, AZ 85009

Office: 602-279-4163

Email: [email redacted]

attachments 22865-Lifted_Trucks-Tucson_T.I-003-CE_010-Platform_from_Steel_to_Wood-2022-09-19_sigs.pdf 702K Lifted Trucks HRL Fence Posts CCO#6.pdf 233K Lifted Trucks Marana HRL Tree Trim CCO#4.pdf 231K Lifted Trucks Marana HRL Structural Masonry CCO#5.pdf 230K Lifted Trucks HRL RC CCO#2_sigs.pdf 230K Lifted Trucks Supervision CCO#1_sigs.pdf 232K 22865-Lifted_Trucks-Tucson_T.I-PO-01760-Supervison-2022-07-20.pdf 196K 22865-Lifted_Trucks-Tucson_T.I-003-CE_010-Platform_from_Steel_to_Wood-2022-09-19_sigs.pdf 702K Lifted Trucks Marana HRL Tree Trim CCO#4.pdf 231K HRL INV#832 - Lifted Trucks, Posts 11.17.2022.pdf 62K HRL INV#802 - Lifted Trucks, Tucson - Concrete.pdf 62K HRL INV#801 - Lifted Trucks, Tucson - Landscaping.pdf 61K RECEIVED 02/07/2024 ROC LEGAL HRL INV#792 - Lifted Trucks, Tucson - Framing Labor.pdf 61K HRL INV#765 - Lifted Trucks, Tucson - Rough Carpentry.pdf 61K HRL INV#740 - Lifted Trucks, Tucson - Job Supervision 7.11-7.15.2022.pdf 61K HRL INV#739 - Lifted Trucks, Tucson - Job Supervision 7.5-7.8.2022.pdf 62K HRL INV#801 - Lifted Trucks, Tucson - Landscaping.pdf 61K Lifted Trucks Tucson TI - HRL Pay App 11.21.2022.xls 139K Lifted Trucks Tucson TI - HRL Pay App 10.20.2022.xls 139K Lifted Trucks Tucson TI - HRL Pay App 9.20.2022.xls 128K Lifted Trucks Tucson TI - HRL Pay App 8.19.2022.xls 128K Lifted Trucks Tucson TI - HRL Pay App 7.20.2022.xls 128K FW: HRL - Payments Update.eml 105K RECEIVED 02/07/2024 ROC LEGAL Purchase Order PO-01760 Sigma Contracting Project: 22865 - Lifted Trucks - Tucson T.I. 9019 E. Bahia Drive | Suite #102 4545 West Ina Road Scottsdale, Arizona 85260 Tucson, Arizona 85741 Phone: (602) 788-7800 Phone: 833-688-0758 Fax: 602 788-4577

Supervison DATE CREATED: 07/20/ 2022

BILL TO: SHIP TO:

CONTRACT COMPANY: HRL Construction JOBSITE Sandy Jordan (Sigma Contracting, Inc) HRL Construction 2320 West Holly Street CONTACT: 9019 E. Bahia Dr #102 Phoenix, Arizona 85009 Scottsdale, Arizona 85260 Phone: (602)279-4163

STATUS: Processing EXECUTED: No

PAYMENT TERMS: ASSIGNEE: No Assignee

SHIP VIA: DELIVERY DATE:

DEFAULT RETAINAGE: 5.0%

DESCRIPTION: Supervision from 7/5/22 through 7/8/22 Hotel Fuel Job site materials

ATTACHMENTS: HRL INV#739 - Lifted Trucks Tucson - Job Supervision 7.5-7.8.2022.pdf

# COST CODE DESCRIPTION TYPE QTY UNITS UNIT COST SUBTOTAL 01110 - Superintendent Supervision Other 1.0 ls $2,941.52 $ 2,941.52 Grand Total: $ 2,941.52

ProcoreGeneralContractorSignHere

ProcoreSubcontractorSignHere

Sigma Contracting Page 1 of 1 Printed On: 07/20/2022 02 :07 PM RECEIVED 02/07/2024 ROC LEGAL HRL Construction, LLC Invoice 2320 W Holly Street Date Invoice # Phoenix, AZ 85009 7/14/2022 739

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

P.O. No. Terms Project

Lifted Trucks

Quantity Description Rate Amount

Site Supervision 07/5/2022 through 07/8/2022. 4 days at 8 hours per day. 55.00 1,760.00

Hotel expense, 3 nights and 4 days 452.68 452.68

Fuel surcharge 100.00 200.00

Employee meal reimbursement 62.37 62.37

Materials purchased to secure jobsite 82.79 82.79

0.15 Overhead & Profit 2,557.84 383.68

Total $2,941.52 RECEIVED 02/07/2024 ROC LEGAL

CCO #001

Sigma Contracting Project: 22865 - Lifted Trucks - Tucson T.I. 9019 E. Bahia Drive | Suite #102 4545 West Ina Road Scottsdale, Arizona 85260 Tucson, Arizona 85741 Phone: (602) 788-7800 Phone: 833-688-0758 Fax: 602 788-4577

Purchase Order Change Order #001: CE #002 - Job Site Superintendent CONTRACT COMPANY: HRL Construction CONTRACT FOR: PO-01760:Supervison HRL Construction 2320 West Holly Street Phoenix, Arizona 85009

DATE CREATED: 7/27/2022 CREATED BY: John Russell (Sigma Contracting, Inc)

CONTRACT STATUS: Approved REVISION: 0

REQUEST RECEIVED John Russell LOCATION: FROM:

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

DUE DATE: 07/27/2022 REVIEW DATE: 07/27/2022

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 07/28/2022 RECEIVED DATE:

TOTAL AMOUNT: $2,860.56

DESCRIPTION: CE #002 - Job Site Superintendent Site Supervision 07/11/2022 through 07/15/2022. 5 days at 8 hours each day.

Fuel surcharge

Employee meals reimbursement Overhead & Profit ATTACHMENTS: HRL INV#740 - Lifted Trucks, Tucson - Job Supervision 7.11-7.15.2022.pdf

CHANGE ORDER LINE ITEMS:

# Budget Code Description Qty Units Unit Cost Subtotal 01110.O Superintendent.Other Supervision 7/11/22 to 7/15/22 1.0 $2,860.56 $2,860.56 Grand Total: $2,860.56

The original (Contract Sum) $ 2,941.52 Net change by previously authorized Change Orders $ 0.00 The contract sum prior to this Change Order was $ 2,941.52 The contract sum will be increased by this Change Order in the amount of $ 2,860.56 The new contract sum including this Change Order will be $ 5,802.08 The contract time will not be changed by this Change Order.

Sigma Contracting Page 1 of 2 Printed On: 7/27/2022 03 :19 PM RECEIVED 02/07/2024 ROC LEGAL CCO #001

Sigma Contracting HRL Construction 9019 E. Bahia Drive | Suite #102 HRL Construction 2320 West Holly Street Scottsdale, Arizona 85260 Phoenix, Arizona 85009

ProcoreGeneralContractorSignHere ProcoreGeneralContractorSignedDate ProcoreSubcontractorSignHere ProcoreSubcontractorSignedDate

SIGNATURE DATE SIGNATURE DATE

Sigma Contracting Page 2 of 2 Printed On: 7/27/2022 03 :19 PM RECEIVED 02/07/2024 ROC LEGAL HRL Construction, LLC Invoice 2320 W Holly Street Date Invoice # Phoenix, AZ 85009 7/20/2022 740

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

P.O. No. Terms Project

Lifted Trucks

Quantity Description Rate Amount

Site Supervision 07/11/2022 through 07/15/2022. 5 days at 8 hours each day. 55.00 2,200.00

Fuel surcharge 100.00 200.00

Employee meals reimbursement 87.44 87.44 0.15 Overhead & Profit 2,487.44 373.12

Total $2,860.56 RECEIVED 02/07/2024 ROC LEGAL CCO #002

Purchase Order Change Order #002: CE #004 - Misc Rough Carpentry CONTRACT COMPANY: HRL Construction CONTRACT FOR: PO-01760:Supervison HRL Construction 2320 West Holly Street Phoenix, Arizona 85009

DATE CREATED: 8/22/2022 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: 08/22/2022 REVIEW DATE: 08/22/2022

INVOICED DATE: PAID DATE:

REFERENCE: CHANGE REASON: Allowance

PAID IN FULL: No EXECUTED: No

ACCOUNTING METHOD: Unit/Quantity Based SCHEDULE IMPACT:

FIELD CHANGE: Yes SIGNED CHANGE ORDER RECEIVED DATE:

TOTAL AMOUNT: $1,400.00

DESCRIPTION: CE #004 - Misc Rough Carpentry Rough carpentry. Labor to install wood beam and miscellaneous woodwork to assist Kelly onsite. ATTACHMENTS: HRL INV#765 - Lifted Trucks, Tucson - Rough Carpentry.pdf

CHANGE ORDER LINE ITEMS:

# Budget Code Description Qty Units Unit Cost Subtotal 06100-06100.O Rough Carpentry.Other Rough Carpentry 1.0 $1,400.00 $1,400.00 Grand Total: $1,400.00

The original (Contract Sum) $ 2,941.52 Net change by previously authorized Change Orders $ 2,860.56 The contract sum prior to this Change Order was $ 5,802.08 The contract sum will be increased by this Change Order in the amount of $ 1,400.00 The new contract sum including this Change Order will be $ 7,202.08 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

ProcoreGeneralContractorSignHere ProcoreGeneralContractorSignedDate ProcoreSubcontractorSignHere ProcoreSubcontractorSignedDate

SIGNATURE DATE SIGNATURE DATE

Sigma Contracting Page 1 of 1 Printed On: 8/22/2022 01 :35 PM RECEIVED 02/07/2024 ROC LEGAL HRL Construction, LLC Invoice 2320 W Holly Street Date Invoice # Phoenix, AZ 85009 8/19/2022 765

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

P.O. No. Terms Project

Lifted Trucks

Quantity Description Rate Amount

Rough carpentry. Labor to install wood beam and miscellaneous woodwork to assist 1,400.00 1,400.00 Kelly onsite.

Total $1,400.00 RECEIVED 02/07/2024 ROC LEGAL RECEIVED 02/07/2024 ROC LEGAL RECEIVED 02/07/2024 ROC LEGAL HRL Construction, LLC Invoice 2320 W Holly Street Date Invoice # Phoenix, AZ 85009 9/16/2022 792

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

P.O. No. Terms Project

Lifted Trucks

Quantity Description Rate Amount

Framing labor to construct platform that was changed from steel stud to wood. 1,600.00 1,600.00 Travel Costs 75.00 150.00 0.15 Overhead & Profit 1,750.00 262.50

Total $2,012.50 RECEIVED 02/07/2024 ROC LEGAL CCO #004

Purchase Order Change Order #004: CE #030 - Trim Tree & Haul Away Debris CONTRACT COMPANY: HRL Construction CONTRACT FOR: PO-01760:Supervison HRL Construction 2320 West Holly Street Phoenix, Arizona 85009

DATE CREATED: 10/20/2022 CREATED BY: John Russell (Sigma Contracting, Inc)

CONTRACT STATUS: Approved REVISION: 0

REQUEST RECEIVED Scott Sniffin LOCATION: Exterior FROM:

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

DUE DATE: 10/20/2022 REVIEW DATE: 10/20/2022

INVOICED DATE: PAID DATE:

REFERENCE: CHANGE REASON: Client Request

PAID IN FULL: No EXECUTED: No

ACCOUNTING METHOD: Unit/Quantity Based SCHEDULE IMPACT:

FIELD CHANGE: Yes SIGNED CHANGE ORDER RECEIVED DATE:

TOTAL AMOUNT: $1,150.00

DESCRIPTION: CE #030 - Trim Tree & Haul Away Debris

ATTACHMENTS: HRL INV#801 - Lifted Trucks, Tucson - Landscaping.pdf

CHANGE ORDER LINE ITEMS:

# Budget Code Description Qty Units Unit Cost Subtotal 02900.O Landscaping.Other Trim Tree & Remove Debris 1.0 $1,150.00 $1,150.00 Grand Total: $1,150.00

The original (Contract Sum) $ 2,941.52 Net change by previously authorized Change Orders $ 6,273.06 The contract sum prior to this Change Order was $ 9,214.58 The contract sum will be increased by this Change Order in the amount of $ 1,150.00 The new contract sum including this Change Order will be $ 10,364.58 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

ProcoreGeneralContractorSignHere ProcoreGeneralContractorSignedDate ProcoreSubcontractorSignHere ProcoreSubcontractorSignedDate

SIGNATURE DATE SIGNATURE DATE

Sigma Contracting Page 1 of 1 Printed On: 10/20/2022 03 :26 PM RECEIVED 02/07/2024 ROC LEGAL HRL Construction, LLC Invoice 2320 W Holly Street Date Invoice # Phoenix, AZ 85009 10/11/2022 801

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

P.O. No. Terms Project

Lifted Trucks

Quantity Description Rate Amount

Trim down fifty percent of Palo Verde trees onsite. Haul away all trash. 850.00 850.00 Travel Costs 75.00 150.00 0.15 Overhead & Profit 1,000.00 150.00

Total $1,150.00 RECEIVED 02/07/2024 ROC LEGAL CCO #005

Purchase Order Change Order #005: CE #031 - Masonry Work For Str CONTRACT COMPANY: HRL Construction CONTRACT FOR: PO-01760:Supervison HRL Construction 2320 West Holly Street Phoenix, Arizona 85009

DATE CREATED: 10/20/2022 CREATED BY: John Russell (Sigma Contracting, Inc)

CONTRACT STATUS: Approved REVISION: 0

REQUEST RECEIVED Davina Griffis LOCATION: Exterior FROM:

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

DUE DATE: 10/20/2022 REVIEW DATE: 10/20/2022

INVOICED DATE: PAID DATE:

REFERENCE: CHANGE REASON: Design Development

PAID IN FULL: No EXECUTED: Yes

ACCOUNTING METHOD: Unit/Quantity Based SCHEDULE IMPACT:

FIELD CHANGE: Yes SIGNED CHANGE ORDER RECEIVED DATE:

TOTAL AMOUNT: $1,121.25

DESCRIPTION: CE #031 - Masonry Work For Structural Changes

ATTACHMENTS: HRL INV#802 - Lifted Trucks, Tucson - Concrete.pdf

CHANGE ORDER LINE ITEMS:

# Budget Code Description Qty Units Unit Cost Subtotal 04000.O Masonry.Other Misc Structural Changes 1.0 $1,121.25 $1,121.25 Grand Total: $1,121.25

The original (Contract Sum) $ 2,941.52 Net change by previously authorized Change Orders $ 7,423.06 The contract sum prior to this Change Order was $ 10,364.58 The contract sum will be increased by this Change Order in the amount of $ 1,121.25 The new contract sum including this Change Order will be $ 11,485.83 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

ProcoreGeneralContractorSignHere ProcoreGeneralContractorSignedDate ProcoreSubcontractorSignHere ProcoreSubcontractorSignedDate

SIGNATURE DATE SIGNATURE DATE

Sigma Contracting Page 1 of 1 Printed On: 10/20/2022 03 :34 PM RECEIVED 02/07/2024 ROC LEGAL HRL Construction, LLC Invoice 2320 W Holly Street Date Invoice # Phoenix, AZ 85009 10/11/2022 802

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

P.O. No. Terms Project

Lifted Trucks

Quantity Description Rate Amount

Demo concrete on three doorway entry. 825.00 825.00 Fill in concrete in three pillars. Frame and install two lintels at header. Includes labor and materials. Travel Costs 75.00 150.00 0.15 Overhead & Profit 975.00 146.25

Total $1,121.25 RECEIVED 02/07/2024 ROC LEGAL CCO #006

Purchase Order Change Order #006: CE #042 - Fence Post Installs CONTRACT COMPANY: HRL Construction CONTRACT FOR: PO-01760:Supervison HRL Construction 2320 West Holly Street Phoenix, Arizona 85009

DATE CREATED: 11/17/2022 CREATED BY: John Russell (Sigma Contracting, Inc)

CONTRACT STATUS: Approved REVISION: 0

REQUEST RECEIVED Kelly Feldman LOCATION: Exterior FROM:

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

DUE DATE: 11/18/2022 REVIEW DATE: 11/18/2022

INVOICED DATE: PAID DATE:

REFERENCE: CHANGE REASON: Design Development

PAID IN FULL: No EXECUTED: No

ACCOUNTING METHOD: Unit/Quantity Based SCHEDULE IMPACT:

FIELD CHANGE: Yes SIGNED CHANGE ORDER RECEIVED DATE:

TOTAL AMOUNT: $10,020.00

DESCRIPTION: CE #042 - Fence Post Installs

Drill and install (31) fence posts 1 ft. diameter and 2 ft. deep. Drill and install (2) fence posts 1 ft. diameter and 4 ft. deep. Posts supplied by others. Labor, concrete and equipment included.

Overhead & Profit - 20%

ATTACHMENTS: HRL INV#832 - Lifted Trucks, Posts 11.17.2022.pdf

CHANGE ORDER LINE ITEMS:

# Budget Code Description Qty Units Unit Cost Subtotal 03000.O Concrete.Other Install Fence Posts 1.0 $10,020.00 $10,020.00 Grand Total: $10,020.00

The original (Contract Sum) $ 2,941.52 Net change by previously authorized Change Orders $ 8,544.31 The contract sum prior to this Change Order was $ 11,485.83 The contract sum will be increased by this Change Order in the amount of $ 10,020.00 The new contract sum including this Change Order will be $ 21,505.83 The contract time will not be changed by this Change Order.

Sigma Contracting Page 1 of 2 Printed On: 11/18/2022 01 :03 PM RECEIVED 02/07/2024 ROC LEGAL CCO #006

Sigma Contracting HRL Construction 9019 E. Bahia Drive | Suite #102 HRL Construction 2320 West Holly Street Scottsdale, Arizona 85260 Phoenix, Arizona 85009

ProcoreGeneralContractorSignHere ProcoreGeneralContractorSignedDate ProcoreSubcontractorSignHere ProcoreSubcontractorSignedDate

SIGNATURE DATE SIGNATURE DATE

Sigma Contracting Page 2 of 2 Printed On: 11/18/2022 01 :03 PM RECEIVED 02/07/2024 ROC LEGAL HRL Construction, LLC Invoice 2320 W Holly Street Date Invoice # Phoenix, AZ 85009 11/17/2022 832

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

P.O. No. Terms Project

Lifted Trucks

Quantity Description Rate Amount

Drill and install (31) fence posts 1 ft. diameter and 2 ft. deep. 8,350.00 8,350.00

Drill and install (2) fence posts 1 ft. diameter and 4 ft. deep.

Posts supplied by others. Labor, concrete and equipment included.

0.2 Overhead & Profit - 20% 8,350.00 1,670.00

Total $10,020.00 RECEIVED 02/07/2024 Attachment B-1 LEGAL ROC Email pay app by the 20th of the month to: Application for [email redacted] Payment Subcontractor Please Fill Out Gray Boxes Below SUBCONTRACTOR NAME HRL Construction, LLC JOB NAME Lifted Trucks Tucson TI PERIOD ENDING DATE 7/31/2022 JOB NUMBER 22865 PAYMENT APPLICATION # 1

For Subcontractor Use For Sigma Use Only Percent Value of Work Percent Value of Work Complete Completed Complete Completed CONTRACT VALUE $2,941.52 100% $2,941.52 $0.00 WRITTEN APPROVED CHANGE ORDERS BY SIGMA C/O #1 $2,860.56 100% $2,860.56 $0.00 C/O #2 $0.00 $0.00 $0.00 do not C/O #3 $0.00 $0.00 $0.00 include C/O #4 $0.00 $0.00 $0.00 pending C/O #5 $0.00 $0.00 $0.00 change C/O #6 $0.00 $0.00 $0.00 C/O #7 $0.00 $0.00 $0.00 C/O #8 $0.00 $0.00 $0.00 REVISED CONTRACT AMT $5,802.08 TOTAL COMPLETED TO DATE $5,802.08 $0.00 LESS 10% RETENTION $580.21 0.00 LESS PREVIOUS PAYMENTS $0.00 TOTAL DUE THIS APPLICATION $5,221.87 $0.00

SUBCONTRACTOR PENDING CHANGE ORDERS Project Mgr Approval Subcontractor Pending Change Description of Proposed Proposed Cost of Order Number Work Change Order

I hereby certify that payments, less applicable retention, have been made through the period covered by previous payments received from Sigma Contracting to all my subcontractors, materials, and labor used in or in connection with the performance of the contract. I further certify I have complied with Federal, State, and local tax laws, including Social Security laws and Unemployment Compensation laws, and Workers Compensation laws insofar as applicable to the performance of this contract.

PLEASE ATTACH BACKUP FOR STORED MATERIALS AND CONTRACT BREAKDOWN AUTHORIZED SIGNATURE: Kim Russell 7/20/2022 PRINT NAME AND TITLE: Kim Russell, Manager COMPANY NAME: HRL Construction, LLC SUBCONTRACTOR BILLING NOT USING THIS FORM WILL BE RETURNED UNPROCESSED SIGMA OFFICE USE ONLY SUPPLIER LIEN RELEASES REQUIRED DATA PROCESSING G/L INSURANCE YES NO Invoice # W/C INSURANCE YES NO P. O. # AUTO INSURANCE YES NO Invoice $ SIGNED CONTRACT YES NO Retention $ WARRANTY YES NO NO Check $ RECEIVED 02/07/2024 Attachment B-1 LEGAL ROC Email pay app by the 20th of the month to: Application for [email redacted] Payment Subcontractor Please Fill Out Gray Boxes Below SUBCONTRACTOR NAME HRL Construction, LLC JOB NAME Lifted Trucks Tucson TI PERIOD ENDING DATE 8/31/2022 JOB NUMBER 22865 PAYMENT APPLICATION # 2

For Subcontractor Use For Sigma Use Only Percent Value of Work Percent Value of Work Complete Completed Complete Completed CONTRACT VALUE $2,941.52 100% $2,941.52 $0.00 WRITTEN APPROVED CHANGE ORDERS BY SIGMA C/O #1 $2,860.56 100% $2,860.56 $0.00 C/O #2 $1,400.00 100% $1,400.00 $0.00 do not C/O #3 $0.00 $0.00 $0.00 include C/O #4 $0.00 $0.00 $0.00 pending C/O #5 $0.00 $0.00 $0.00 change C/O #6 $0.00 $0.00 $0.00 C/O #7 $0.00 $0.00 $0.00 C/O #8 $0.00 $0.00 $0.00 REVISED CONTRACT AMT $7,202.08 TOTAL COMPLETED TO DATE $7,202.08 $0.00 LESS 10% RETENTION $720.21 0.00 LESS PREVIOUS PAYMENTS $5,221.87 TOTAL DUE THIS APPLICATION $1,260.00 $0.00

SUBCONTRACTOR PENDING CHANGE ORDERS Project Mgr Approval Subcontractor Pending Change Description of Proposed Proposed Cost of Order Number Work Change Order

PLEASE ATTACH BACKUP FOR STORED MATERIALS AND CONTRACT BREAKDOWN AUTHORIZED SIGNATURE: Kim Russell 8/19/2022 PRINT NAME AND TITLE: Kim Russell, Manager COMPANY NAME: HRL Construction, LLC SUBCONTRACTOR BILLING NOT USING THIS FORM WILL BE RETURNED UNPROCESSED SIGMA OFFICE USE ONLY SUPPLIER LIEN RELEASES REQUIRED DATA PROCESSING G/L INSURANCE YES NO Invoice # W/C INSURANCE YES NO P. O. # AUTO INSURANCE YES NO Invoice $ SIGNED CONTRACT YES NO Retention $ WARRANTY YES NO NO Check $ RECEIVED 02/07/2024 Attachment B-1 LEGAL ROC Email pay app by the 20th of the month to: Application for [email redacted] Payment Subcontractor Please Fill Out Gray Boxes Below SUBCONTRACTOR NAME HRL Construction, LLC JOB NAME Lifted Trucks Tucson TI PERIOD ENDING DATE 9/30/2022 JOB NUMBER 22865 PAYMENT APPLICATION # 3

For Subcontractor Use For Sigma Use Only Percent Value of Work Percent Value of Work Complete Completed Complete Completed CONTRACT VALUE $2,941.52 100% $2,941.52 $0.00 WRITTEN APPROVED CHANGE ORDERS BY SIGMA C/O #1 $2,860.56 100% $2,860.56 $0.00 C/O #2 $1,400.00 100% $1,400.00 $0.00 do not C/O #3 $2,012.50 100% $2,012.50 $0.00 include C/O #4 $0.00 $0.00 $0.00 pending C/O #5 $0.00 $0.00 $0.00 change C/O #6 $0.00 $0.00 $0.00 C/O #7 $0.00 $0.00 $0.00 C/O #8 $0.00 $0.00 $0.00 REVISED CONTRACT AMT $9,214.58 TOTAL COMPLETED TO DATE $9,214.58 $0.00 LESS 10% RETENTION $921.46 0.00 LESS PREVIOUS PAYMENTS $6,481.87 TOTAL DUE THIS APPLICATION $1,811.25 $0.00

SUBCONTRACTOR PENDING CHANGE ORDERS Project Mgr Approval Subcontractor Pending Change Description of Proposed Proposed Cost of Order Number Work Change Order

PLEASE ATTACH BACKUP FOR STORED MATERIALS AND CONTRACT BREAKDOWN AUTHORIZED SIGNATURE: Kim Russell 9/20/2022 PRINT NAME AND TITLE: Kim Russell, Manager COMPANY NAME: HRL Construction, LLC SUBCONTRACTOR BILLING NOT USING THIS FORM WILL BE RETURNED UNPROCESSED SIGMA OFFICE USE ONLY SUPPLIER LIEN RELEASES REQUIRED DATA PROCESSING G/L INSURANCE YES NO Invoice # W/C INSURANCE YES NO P. O. # AUTO INSURANCE YES NO Invoice $ SIGNED CONTRACT YES NO Retention $ WARRANTY YES NO Check $ RECEIVED 02/07/2024 Attachment B-1 LEGAL ROC Email pay app by the 20th of the month to: Application for [email redacted] Payment Subcontractor Please Fill Out Gray Boxes Below SUBCONTRACTOR NAME HRL Construction, LLC JOB NAME Lifted Trucks Tucson TI PERIOD ENDING DATE 10/31/2022 JOB NUMBER 22865 PAYMENT APPLICATION # 4

For Subcontractor Use For Sigma Use Only Percent Value of Work Percent Value of Work Complete Completed Complete Completed CONTRACT VALUE $2,941.52 100% $2,941.52 $0.00 WRITTEN APPROVED CHANGE ORDERS BY SIGMA C/O #1 $2,860.56 100% $2,860.56 $0.00 C/O #2 $1,400.00 100% $1,400.00 $0.00 do not C/O #3 $2,012.50 100% $2,012.50 $0.00 include C/O #4 $1,150.00 100% $1,150.00 $0.00 pending C/O #5 $1,121.25 100% $1,121.25 $0.00 change C/O #6 $0.00 $0.00 $0.00 C/O #7 $0.00 $0.00 $0.00 C/O #8 $0.00 $0.00 $0.00 REVISED CONTRACT AMT $11,485.83 TOTAL COMPLETED TO DATE $11,485.83 $0.00 LESS 10% RETENTION $1,148.58 0.00 LESS PREVIOUS PAYMENTS $8,293.12 TOTAL DUE THIS APPLICATION $2,044.13 $0.00

SUBCONTRACTOR PENDING CHANGE ORDERS Project Mgr Approval Subcontractor Pending Change Description of Proposed Proposed Cost of Order Number Work Change Order

PLEASE ATTACH BACKUP FOR STORED MATERIALS AND CONTRACT BREAKDOWN AUTHORIZED SIGNATURE: Kim Russell 10/20/2022 PRINT NAME AND TITLE: Kim Russell, Manager COMPANY NAME: HRL Construction, LLC SUBCONTRACTOR BILLING NOT USING THIS FORM WILL BE RETURNED UNPROCESSED SIGMA OFFICE USE ONLY SUPPLIER LIEN RELEASES REQUIRED DATA PROCESSING G/L INSURANCE YES NO Invoice # W/C INSURANCE YES NO P. O. # AUTO INSURANCE YES NO Invoice $ SIGNED CONTRACT YES NO Retention $ WARRANTY YES NO NO Check $ RECEIVED 02/07/2024 Attachment B-1 LEGAL ROC Email pay app by the 20th of the month to: Application for [email redacted] Payment Subcontractor Please Fill Out Gray Boxes Below SUBCONTRACTOR NAME HRL Construction, LLC JOB NAME Lifted Trucks Tucson TI PERIOD ENDING DATE 11/30/2022 JOB NUMBER 22865 PAYMENT APPLICATION # 5

For Subcontractor Use For Sigma Use Only Percent Value of Work Percent Value of Work Complete Completed Complete Completed CONTRACT VALUE $2,941.52 100% $2,941.52 $0.00 WRITTEN APPROVED CHANGE ORDERS BY SIGMA C/O #1 $2,860.56 100% $2,860.56 $0.00 C/O #2 $1,400.00 100% $1,400.00 $0.00 do not C/O #3 $2,012.50 100% $2,012.50 $0.00 include C/O #4 $1,150.00 100% $1,150.00 $0.00 pending C/O #5 $1,121.25 100% $1,121.25 $0.00 change C/O #6 $10,020.00 100% $10,020.00 $0.00 C/O #7 $0.00 $0.00 $0.00 C/O #8 $0.00 $0.00 $0.00 REVISED CONTRACT AMT $21,505.83 TOTAL COMPLETED TO DATE $21,505.83 $0.00 LESS 10% RETENTION $2,150.58 0.00 LESS PREVIOUS PAYMENTS $10,337.25 TOTAL DUE THIS APPLICATION $9,018.00 $0.00

SUBCONTRACTOR PENDING CHANGE ORDERS Project Mgr Approval Subcontractor Pending Change Description of Proposed Proposed Cost of Order Number Work Change Order

PLEASE ATTACH BACKUP FOR STORED MATERIALS AND CONTRACT BREAKDOWN AUTHORIZED SIGNATURE: Kim Russell 11/21/2022 PRINT NAME AND TITLE: Kim Russell, Manager COMPANY NAME: HRL Construction, LLC SUBCONTRACTOR BILLING NOT USING THIS FORM WILL BE RETURNED UNPROCESSED SIGMA OFFICE USE ONLY SUPPLIER LIEN RELEASES REQUIRED DATA PROCESSING G/L INSURANCE YES NO Invoice # W/C INSURANCE YES NO P. O. # AUTO INSURANCE YES NO Invoice $ SIGNED CONTRACT YES NO Retention $ WARRANTY YES NO Check $ February 14, 2024

Via U.S. Mail and Email

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

HRL Construction LLC 4410 W Union Hills Dr Glendale, AZ 85308

Via U.S. Mail and Email

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

Re: Complaint No. 2024-01017

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 21, 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, AZ 85005-8244 In-Person: 1700 W. Washington St., Ste. 105, Phoenix, AZ 85007-2812 Email: [email redacted]

The Registrar will not issue a citation before February 21, 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/ Katelyn Rolling Katelyn Rolling Legal Assistant II Legal Department Arizona Registrar of Contractors

1700 W. Washington Street, Suite 105 · Phoenix, AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov Lg100 4/21 RECEIVED 01/25/2024 ROC LEGAL

Non-Payment Complaint Form Departmental Use Only Complaint Number: Mail to: Registrar of Contractors 2024-01017 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) $2,150.59 July 20, 2022 Have you filed a civil complaint? No List all specific invoices which have not been paid. Attach additional pages if necessary. Invoice #740 dated 7/20/2022: $580.21 balance owed; Invoice #765 dated 8/19/2022: $140.00 balance owed; Invoice #792 dated 9/16/2022: $201.25 balance owed; Invoice #802 dated 10/11/2022: $227.13 balance owed; Invoice #832 dated 11/17/2022: $1,002.00 balance owed

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. RECEIVED 01/25/2024 Printed Name Signature Date ROC LEGAL John Frederick Russell RECEIVED 01/25/2024 ROC LEGAL HRL Construction, LLC Invoice 2320 W Holly Street Date Invoice # Phoenix, AZ 85009 7/20/2022 740

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

P.O. No. Terms Project

Lifted Trucks

Quantity Description Rate Amount

Site Supervision 07/11/2022 through 07/15/2022. 5 days at 8 hours each day. 55.00 2,200.00

Fuel surcharge 100.00 200.00

Employee meals reimbursement 87.44 87.44 0.15 Overhead & Profit 2,487.44 373.12

Total $2,860.56 RECEIVED 01/25/2024 ROC LEGAL HRL Construction, LLC Invoice 2320 W Holly Street Date Invoice # Phoenix, AZ 85009 8/19/2022 765

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

P.O. No. Terms Project

Lifted Trucks

Quantity Description Rate Amount

Rough carpentry. Labor to install wood beam and miscellaneous woodwork to assist 1,400.00 1,400.00 Kelly onsite.

Total $1,400.00 RECEIVED 01/25/2024 ROC LEGAL HRL Construction, LLC Invoice 2320 W Holly Street Date Invoice # Phoenix, AZ 85009 9/16/2022 792

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

P.O. No. Terms Project

Lifted Trucks

Quantity Description Rate Amount

Framing labor to construct platform that was changed from steel stud to wood. 1,600.00 1,600.00 Travel Costs 75.00 150.00 0.15 Overhead & Profit 1,750.00 262.50

Total $2,012.50 RECEIVED 01/25/2024 ROC LEGAL HRL Construction, LLC Invoice 2320 W Holly Street Date Invoice # Phoenix, AZ 85009 10/11/2022 802

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

P.O. No. Terms Project

Lifted Trucks

Quantity Description Rate Amount

Total $1,121.25 RECEIVED 01/25/2024 ROC LEGAL HRL Construction, LLC Invoice 2320 W Holly Street Date Invoice # Phoenix, AZ 85009 11/17/2022 832

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

P.O. No. Terms Project

Lifted Trucks

Quantity Description Rate Amount

Drill and install (31) fence posts 1 ft. diameter and 2 ft. deep. 8,350.00 8,350.00

Drill and install (2) fence posts 1 ft. diameter and 4 ft. deep.

Posts supplied by others. Labor, concrete and equipment included.

0.2 Overhead & Profit - 20% 8,350.00 1,670.00

Total $10,020.00 RECEIVED 01/25/2024 ROC LEGAL Purchase Order PO-01760 Sigma Contracting Project: 22865 - Lifted Trucks - Tucson T.I. 9019 E. Bahia Drive | Suite #102 4545 West Ina Road Scottsdale, Arizona 85260 Tucson, Arizona 85741 Phone: (602) 788-7800 Phone: 833-688-0758 Fax: 602 788-4577

Supervison DATE CREATED: 07/20/ 2022

BILL TO: SHIP TO:

STATUS: Processing EXECUTED: No

PAYMENT TERMS: ASSIGNEE: No Assignee

SHIP VIA: DELIVERY DATE:

DEFAULT RETAINAGE: 5.0%

DESCRIPTION: Supervision from 7/5/22 through 7/8/22 Hotel Fuel Job site materials

ATTACHMENTS: HRL INV#739 - Lifted Trucks Tucson - Job Supervision 7.5-7.8.2022.pdf

# COST CODE DESCRIPTION TYPE QTY UNITS UNIT COST SUBTOTAL 01110 - Superintendent Supervision Other 1.0 ls $2,941.52 $ 2,941.52 Grand Total: $ 2,941.52

ProcoreGeneralContractorSignHere

ProcoreSubcontractorSignHere

Sigma Contracting Page 1 of 1 Printed On: 07/20/2022 02 :07 PM RECEIVED 01/25/2024 ROC LEGAL

CCO #001

Purchase Order Change Order #001: CE #002 - Job Site Superintendent CONTRACT COMPANY: HRL Construction CONTRACT FOR: PO-01760:Supervison HRL Construction 2320 West Holly Street Phoenix, Arizona 85009

DATE CREATED: 7/27/2022 CREATED BY: John Russell (Sigma Contracting, Inc)

CONTRACT STATUS: Approved REVISION: 0

REQUEST RECEIVED John Russell LOCATION: FROM:

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

DUE DATE: 07/27/2022 REVIEW DATE: 07/27/2022

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 07/28/2022 RECEIVED DATE:

TOTAL AMOUNT: $2,860.56

DESCRIPTION: CE #002 - Job Site Superintendent Site Supervision 07/11/2022 through 07/15/2022. 5 days at 8 hours each day.

Fuel surcharge

Employee meals reimbursement Overhead & Profit ATTACHMENTS: HRL INV#740 - Lifted Trucks, Tucson - Job Supervision 7.11-7.15.2022.pdf

CHANGE ORDER LINE ITEMS:

# Budget Code Description Qty Units Unit Cost Subtotal 01110.O Superintendent.Other Supervision 7/11/22 to 7/15/22 1.0 $2,860.56 $2,860.56 Grand Total: $2,860.56

Sigma Contracting Page 1 of 2 Printed On: 7/27/2022 03 :19 PM RECEIVED 01/25/2024 ROC LEGAL CCO #001

Sigma Contracting HRL Construction 9019 E. Bahia Drive | Suite #102 HRL Construction 2320 West Holly Street Scottsdale, Arizona 85260 Phoenix, Arizona 85009

ProcoreGeneralContractorSignHere ProcoreGeneralContractorSignedDate ProcoreSubcontractorSignHere ProcoreSubcontractorSignedDate

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Sigma Contracting Page 2 of 2 Printed On: 7/27/2022 03 :19 PM RECEIVED 01/25/2024 ROC LEGAL CCO #002

Purchase Order Change Order #002: CE #004 - Misc Rough Carpentry CONTRACT COMPANY: HRL Construction CONTRACT FOR: PO-01760:Supervison HRL Construction 2320 West Holly Street Phoenix, Arizona 85009

DATE CREATED: 8/22/2022 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: 08/22/2022 REVIEW DATE: 08/22/2022

INVOICED DATE: PAID DATE:

REFERENCE: CHANGE REASON: Allowance

PAID IN FULL: No EXECUTED: No

ACCOUNTING METHOD: Unit/Quantity Based SCHEDULE IMPACT:

FIELD CHANGE: Yes SIGNED CHANGE ORDER RECEIVED DATE:

TOTAL AMOUNT: $1,400.00

CHANGE ORDER LINE ITEMS:

# Budget Code Description Qty Units Unit Cost Subtotal 06100-06100.O Rough Carpentry.Other Rough Carpentry 1.0 $1,400.00 $1,400.00 Grand Total: $1,400.00

Sigma Contracting HRL Construction 9019 E. Bahia Drive | Suite #102 HRL Construction 2320 West Holly Street Scottsdale, Arizona 85260 Phoenix, Arizona 85009

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Sigma Contracting Page 1 of 1 Printed On: 8/22/2022 01 :35 PM RECEIVED 01/25/2024 ROC LEGAL RECEIVED 01/25/2024 ROC LEGAL RECEIVED 01/25/2024 ROC LEGAL CCO #004

DATE CREATED: 10/20/2022 CREATED BY: John Russell (Sigma Contracting, Inc)

CONTRACT STATUS: Approved REVISION: 0

REQUEST RECEIVED Scott Sniffin LOCATION: Exterior FROM:

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

DUE DATE: 10/20/2022 REVIEW DATE: 10/20/2022

INVOICED DATE: PAID DATE:

REFERENCE: CHANGE REASON: Client Request

PAID IN FULL: No EXECUTED: No

ACCOUNTING METHOD: Unit/Quantity Based SCHEDULE IMPACT:

FIELD CHANGE: Yes SIGNED CHANGE ORDER RECEIVED DATE:

TOTAL AMOUNT: $1,150.00

DESCRIPTION: CE #030 - Trim Tree & Haul Away Debris

ATTACHMENTS: HRL INV#801 - Lifted Trucks, Tucson - Landscaping.pdf

CHANGE ORDER LINE ITEMS:

# Budget Code Description Qty Units Unit Cost Subtotal 02900.O Landscaping.Other Trim Tree & Remove Debris 1.0 $1,150.00 $1,150.00 Grand Total: $1,150.00

Sigma Contracting HRL Construction 9019 E. Bahia Drive | Suite #102 HRL Construction 2320 West Holly Street Scottsdale, Arizona 85260 Phoenix, Arizona 85009

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Sigma Contracting Page 1 of 1 Printed On: 10/20/2022 03 :26 PM RECEIVED 01/25/2024 ROC LEGAL CCO #005

Purchase Order Change Order #005: CE #031 - Masonry Work For Str CONTRACT COMPANY: HRL Construction CONTRACT FOR: PO-01760:Supervison HRL Construction 2320 West Holly Street Phoenix, Arizona 85009

DATE CREATED: 10/20/2022 CREATED BY: John Russell (Sigma Contracting, Inc)

CONTRACT STATUS: Approved REVISION: 0

REQUEST RECEIVED Davina Griffis LOCATION: Exterior FROM:

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

DUE DATE: 10/20/2022 REVIEW DATE: 10/20/2022

INVOICED DATE: PAID DATE:

REFERENCE: CHANGE REASON: Design Development

PAID IN FULL: No EXECUTED: Yes

ACCOUNTING METHOD: Unit/Quantity Based SCHEDULE IMPACT:

FIELD CHANGE: Yes SIGNED CHANGE ORDER RECEIVED DATE:

TOTAL AMOUNT: $1,121.25

DESCRIPTION: CE #031 - Masonry Work For Structural Changes

ATTACHMENTS: HRL INV#802 - Lifted Trucks, Tucson - Concrete.pdf

CHANGE ORDER LINE ITEMS:

# Budget Code Description Qty Units Unit Cost Subtotal 04000.O Masonry.Other Misc Structural Changes 1.0 $1,121.25 $1,121.25 Grand Total: $1,121.25

Sigma Contracting HRL Construction 9019 E. Bahia Drive | Suite #102 HRL Construction 2320 West Holly Street Scottsdale, Arizona 85260 Phoenix, Arizona 85009

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Sigma Contracting Page 1 of 1 Printed On: 10/20/2022 03 :34 PM RECEIVED 01/25/2024 ROC LEGAL CCO #006

Purchase Order Change Order #006: CE #042 - Fence Post Installs CONTRACT COMPANY: HRL Construction CONTRACT FOR: PO-01760:Supervison HRL Construction 2320 West Holly Street Phoenix, Arizona 85009

DATE CREATED: 11/17/2022 CREATED BY: John Russell (Sigma Contracting, Inc)

CONTRACT STATUS: Approved REVISION: 0

REQUEST RECEIVED Kelly Feldman LOCATION: Exterior FROM:

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

DUE DATE: 11/18/2022 REVIEW DATE: 11/18/2022

INVOICED DATE: PAID DATE:

REFERENCE: CHANGE REASON: Design Development

PAID IN FULL: No EXECUTED: No

ACCOUNTING METHOD: Unit/Quantity Based SCHEDULE IMPACT:

FIELD CHANGE: Yes SIGNED CHANGE ORDER RECEIVED DATE:

TOTAL AMOUNT: $10,020.00

DESCRIPTION: CE #042 - Fence Post Installs

Drill and install (31) fence posts 1 ft. diameter and 2 ft. deep. Drill and install (2) fence posts 1 ft. diameter and 4 ft. deep. Posts supplied by others. Labor, concrete and equipment included.

Overhead & Profit - 20%

ATTACHMENTS: HRL INV#832 - Lifted Trucks, Posts 11.17.2022.pdf

CHANGE ORDER LINE ITEMS:

# Budget Code Description Qty Units Unit Cost Subtotal 03000.O Concrete.Other Install Fence Posts 1.0 $10,020.00 $10,020.00 Grand Total: $10,020.00

Sigma Contracting Page 1 of 2 Printed On: 11/18/2022 01 :03 PM RECEIVED 01/25/2024 ROC LEGAL CCO #006

Sigma Contracting HRL Construction 9019 E. Bahia Drive | Suite #102 HRL Construction 2320 West Holly Street Scottsdale, Arizona 85260 Phoenix, Arizona 85009

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Sigma Contracting Page 2 of 2 Printed On: 11/18/2022 01 :03 PM RECEIVED 02/07/2024 ROC LEGAL HRL Construction, LLC Invoice 2320 W Holly Street Date Invoice # Phoenix, AZ 85009 7/14/2022 739

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

P.O. No. Terms Project

Lifted Trucks

Quantity Description Rate Amount

Site Supervision 07/5/2022 through 07/8/2022. 4 days at 8 hours per day. 55.00 1,760.00

Hotel expense, 3 nights and 4 days 452.68 452.68

Fuel surcharge 100.00 200.00

Employee meal reimbursement 62.37 62.37

Materials purchased to secure jobsite 82.79 82.79

0.15 Overhead & Profit 2,557.84 383.68

Total $2,941.52 RECEIVED 02/07/2024 ROC LEGAL HRL Construction, LLC Invoice 2320 W Holly Street Date Invoice # Phoenix, AZ 85009 10/11/2022 801

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

P.O. No. Terms Project

Lifted Trucks

Quantity Description Rate Amount

Trim down fifty percent of Palo Verde trees onsite. Haul away all trash. 850.00 850.00 Travel Costs 75.00 150.00 0.15 Overhead & Profit 1,000.00 150.00

Total $1,150.00 RECEIVED 02/07/2024 Attachment B-1 LEGAL ROC Email pay app by the 20th of the month to: Application for [email redacted] Payment Subcontractor Please Fill Out Gray Boxes Below SUBCONTRACTOR NAME HRL Construction, LLC JOB NAME Lifted Trucks Tucson TI PERIOD ENDING DATE 7/31/2022 JOB NUMBER 22865 PAYMENT APPLICATION # 1