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Resolution - 2021-R0147 - Change Order No.2 to Contract 15243 with Garney 4.27.2021
Resolution No. 2021-R0147 Item No. 6.11 April 27, 2021 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock is hereby authorized and directed to execute and on behalf of the City of Lubbock, Change Order No. 2 to that certain Contract No. 15243 and between the City of Lubbock and Gamey Construction, for the demolition of Pump Stat 7 and waterline replacement, and related documents. Said Change Order No. 2 is attached her and incorporated in this resolution as if fully set forth herein and shall be included in the mint; of the City Council. Passed by the City Council on April 27, 2021 DANIEL M. POPE, MAYOR ATTEST: Re ca Garza, City Se ret APPROVED AS City Manager APPROVED AS TO FORM: K411i Leisure, Assistant City Attorney ccdocs/RES.ChgOrd#2 Contract 15243 Gamey 04.09.21 Office of Purchasing and Contract Management Change Order Contract No: 15243 Contractor: Garrey Construction Change Order No: 02 Contract Title: Demolition of PS 7 and Waterline Replacement Bid/RFP No: 20-15243-JM Project No: 92255.9241.30000 "Change Order" means a written order to a Contractor, executed by the Owner, in accordance with the Contract authorizing an addition to, deletion from, or adjustment or revision of the requirements of the Contract documents, or an adjustment to the compensation payable to the Contractor, or to the time for performance of the Contract and completion of the project, or a combination thereof, which does not alter the nature of project and is an integral part of the project objective. Adjustments to "Estimated Quantities" to a line time in a Unit Price Contract do not require a Change Order. All work that alters the nature of the construction or that is not an integral part of the project objective must be let out for public bid. Description of Change (alteration, deviation, addition, or deletion) caused by conditions encountered during construction not covered by the specifications and drawings of the project (attached additional pages is necessary: Reconciliation Change Order CP-03 - Pump Station 7 42" to 24" Reduction Pipeline Add 90 days to the contract for work associated with the additional pipeline work. See attached documentation. Where the Change Order is negotiated, the Change Order must be fully documented and itemized as to costs, including material quantities, material costs, taxes, insurance, employee benefits, other related costs, profit and overhead. Where certain unit prices are contained in the initial Contract, no deviations are allowed in computing negotiated change order costs. ITEMIZED COSTS MUST BE FULLY DOCUMENTED AND ATTACHED TO THIS FORM. ITEM DESCRIPTION AMOUNT A. ORIGINAL CONTRACT VALUE: $2 550 358.00 B. AMOUNT OF THIS CHANGE ORDER: Note: Council a proval required if +,-) $50,000 $103 447.99 COST CENTER: 4T46 I ACCOUNT: IZZA ; Z C. PERCENT OF CONTRACT VALUE THIS CHANGE ORDER B/A 4.06% D. AMOUNT OF PREVIOUS CHANGE ORDERS: $409 319.14 E. TOTAL AMOUNT OF ALL CHANGE ORDERS B+D $512 767.13 F. PERCENT OF CONTRACT OF ALL CHANGE ORDERS (E/A): 25% maximum) 20.11% G. NEW CONTRACT AMOUNT A+E : $3 063 125.13 04 It is mutually agreed that the above dollar amount and the time extension, as applicable, as set forth in this Change Order constitutes full compensation to the Contractor for all costs, expenses and damages to the Contractor, whether direct, consequential or otherwise, in anyway incident to, or arising out of, or resulting directly or indirectly; from the work performed or modified by the Contractor under this Change Order. This Change Order is not valid without the following signatures (please sign in order and return 3 originals with the Contract Cover Sheet to Purclrasii:g and Contract Management department): `��.I4pd�'—T /fI2' 4IIPk/-2 pg. Date PUR-45 (Rev 08.2018) Support Documentation Summary Tabulation Project: Demolition of PS7 and Waterline Placement Project Number: Owner: City of Lubbock 15243 Contractor: Garney Companies, Inc. 7318 Engineer: Freese and Nichols, Inc. LUB18411 Change Order No.: 002 Date: 03/01/2021 I Make the following additions, modifications, or deletions to the Work described in the Contract Documents: Change Order 002 Item No. Description of Item Proposal Value Actual Value Credit Add B.1 Remove Exist. 24" WL $95,160.00 $91,000.00 ($4,160.00) B.2 24" AWWA C-205, CL 150 $519,720.00 $497,000.00 ($22,720.00) C.2 Blow Off Valve Assembly $20,000.00 $10,000.00 ($10,000.00) C.3 Air Valve $36,000.00 $24,000.00 ($12,000.00) C.5.3 Cut & Plug Number 7 $13,750.00 $0.00 ($13,750.00) C.6 Cut & Plug Reese Pipeline $30,000.00 $26,250.00 ($3,750.00) C.8 Proposed Fence $6,650.00 $18,375.00 $11,725.00 C.12 Extra Course Gravel Embedment $5,400.00 $0.00 ($5,400.00) C.13 Extra 2000 PSI Concrete $23,750.00 $13,870.00 ($9,880.00) C.14 Extra Flow Fill $8,500.00 $0.00 ($8,500.00) CP-03 42" to 24" Reduction Pipeline $181,882.99 Total r ($90,160.00) $193,607.99 Net Change to Contract Amount $103,447.99 The compensation in this Change Proposal is the full, complete, and final compensation for all costs the Contractor may incur as a result of or relating to this change whether said costs are known, unknown, foreseen, or unforeseen at this time, including without limitation, any cost for delay, extended overhead, ripple or impact cost, or any other effect on changed or unchanged Work as a result of this Contract Amendment. The changes in Contract Times are the complete and final adjustments for direct impacts to the ability of the Contractor to complete the Work within the Contract Times and are the only adjustments to which the Contractor is entitled. a Original Contract Price b Previously Approved Change Order Amounts c Adjusted Contract Price ( a + b ) d Change Order Amount e Revised Contract Price ( c + d ) f Percent Change to Date: 20.11% $2,550,358.00 $409,319.14 $2,959,677.14 $103,447.99 $3,063,125.13 in Days this Change Order: 90 Project: Demolition of PS7 and Waterline Placement Project Number: Owner: City of Lubbock 15243 Contractor: Garney Companies, Inc. 7318 Engineer: Freese and Nichols, Inc. LUB18411 Completion Dates: Original Substantial h 12/15/2020 i Final k 1/13/2021 1 Recommended by: FREESE AND NICHOLS, INC. �`� Name Date Approved by: GARNEY COMPANIES, INC. Y/$/a I Date Previous Current 1/3/2021 j 4/3/2021 02/2/2021 m 5/3/2021 Approved by: CITY OF LUBBOCK Name Date Updated Plan Sheet Impacting Items B.1 through C.14 from the table on page 2 g i 8 "s o 0 1' to I I$ a ;8 it �f 1 Ell 31 Itl TA IY2II I ( ( i II I I I' i I s f5 p I I yt� ll i I'uv 3 I l I T I ' t fill lP it I. ►I � ; ;, ,, � �I i, li ,o►li > > _ 1,11 ,I , �I. I w "a I 2 MATCH LINE STA. 9+00 a r �I -� 1 II. Al. �. o a� 0 � oA Z '8 d W55. �o gizmo Sm� �o m mo Ap aA�o o �o� zip � 3 i o ins o $6+o ys 0 z �o z o ® ^o 9 o r Fm 5 'gig r OtA �., of Z R 9/1./20 6/10/20 ./I./20 '•"i0�"0 E01w» .n S[R116f0 ".c.sn CITY OF LUBBOCK, TEXAS DEMOLITION OF PS 7 & WATERLINE REPLACEMENT C—GE ORDER 1*.2 uAu fl ESVED TOR CONSTRUC VAY ADOEIIWY 110. 6 uAu a O AEIro"u W.1 DO wu 3/25/2D IAoc N(L ]A-INWATERUNE PLAN AND PROFILE wss.nmulaiWuu..sw.26o Fmw"d%t " 610 m mme-16121 »Y)1D0 sfuErsals Wbw.N onap.li ,„,,,, STA R+00 TO END w.ew.w.n.a.<om s srmv 9 A o o yy rzyG o D Ili £o oA Fri D C^� $ m C) z pA 3N n pm 9 m t^ OD x 5z 7 s m'^o $ m n o v S 6� m X ii m G Am k W O R m F O Z0 Dz 1 v o O D n- O r z n m 1 m m � n m ? m Z m 0 z nz -i 0 z O D 1� oc' 4S 6F imip � m n "ORTAR n m COATIN go Z m y 00^1 y N D z �n S T 0 c r .m.{ 1 m m r V m a 8 30 i � b I I I 1 \ 1 \l 1 / / \5m nG s i e m e m z I oix 1 i � m - I I I i I 1 I OHM ffi; .� o 0 W t ooco=i z s$N;yc N n�iy�mq z P2 T� 0. zi so �a za mc' 0 -0 rO zN mXx Or= oi0 �$s m 632 mag O �Fm wiz m _ Zi � az m >a m p3 op / CZ u y� y9 Pn$x oIo ois J w jiz, SE . o m om0 z0 O m n O H zm 2m _q 0 z In S� g � r 6Qpt y5 to 0 8s 0 �oz o ^o Om?o =c 6z Cy £i o z > to Ao t as 8 z �$O �C$ oio K AOOflmU4 x0 6 O A AWErrWu r+0 r HN{Y SU.IE Wham vKA en wlWl � 0 I b+MbY.q nM mexxAM J�rrMe4 Mjuq uaM DEMOLITION OF PS 7 & PIPE JOINT DETAILS City of Lubbock 1314 Ave K Lubbock, Texas, 79401 Attn: Josh Kristinek Re: Bid Item Reconciliation Dear Mr. Kristinek, 1333 NW Vivion Road, Kansas City, MO 64118 Phone: 816.741.4600 Ymw.garney.com 03/29/2021 Please see the attached Change Order 7318-006 which includes a closeout of all unused and unallocated allowance funds and the additional cost per the increase in Fence Footage. Garney will be returning all unused and unallocated funds per the following breakdown. Returned Items: Item No. B.1- Remove Existing 24-Inch Waterline (64 LF) Amount Returned: ($4,160.00) Item No. B.2 - 24-Inch AWWA C-205 Steel Pipe Class 150 (64 LF) Amount Returned: ($22,720.00) Item No. C.2 - Blow Off Valve Assembly (1 EA) Amount Returned: ($10,000.00) Item No. C.3 - Air Valve Assembly (1 EA) Amount Returned: ($12,000.00) Item No. C.5.3 - Cut & Plug Number 7 (1 EA) Amount Returned: ($13,750.00) Item No. C.6 - Cut & Plug Reese Pipelines (.25 EA) Amount Returned: ($3,750.00) Item No. C.12 - Extra Course Gravel Embedment (200 CY) Amount Returned: ($5,400.00) Item No. C.13 - 2000 PSI Concrete (104 CY) Amount Returned: ($9,880.00) Item No. C.14 - Extra Flowable Fill (100 CY) Amount Returned: ($8,500.00) Additional Items: Item No. C.8 - Proposed Fence (335 LF) Amount Added: $11,725.00 Final Amount Returned: ($78,435.00) This proposal represents the direct cost of the referenced work only. If additional work is required as a result of this change due to circumstances outside of Garney's control, this will be discussed and addressed under a separate cover. Sincerely, GARNEY COMPANIES, INC. Taylor Kennedy Project Manager Change Proposal 03 (Item CP-03 from the Summary Tabulation) Chance Proposal Project Demolition of Pump Station 7 and Waterline Replacement Project Number Owner City of Lubbock Contract # 15243 Contractor Garney Construction 7318 Construction Manager Freese and Nichols (Bret Calvert) LUB18411 Design Professional Freese and Nichols (Michael McBee) LUB18411 Change Proposal No. 003 Description 42-Inch by 24-Inch Reduction Pipeline Specification Purchase of 24-Inch Pipeline for Replacement of Existing 42- Drawing No. C-207 Detail Description Inch Main Reference Document ® Request for a Change Proposal No. 003 ❑ Request for Information No. ❑ Shop Drawing Deviation Request No. ❑ Field Order No. Contractor proposes the following modifications to the Contract Documents: The addition of the 42-Inch Main and Installation of 24-Inch Pipeline Basis of Compensation ❑ Unit Prices ® Lump Sum calculated using Cost of Work provisions in the Contract ❑ Time and Materials using Cost of Work provisions in the Contract The compensation offered for this Change Proposal is the full, complete, and final compensation for all costs Contractor may incur because of or relating to this change whether said costs are known, unknown, foreseen, or unforeseen at this time, including without limitation, any cost for delay, extended overhead, ripple or impact cost, or any other effect on changed or unchanged Work because of this Change Proposal. Requested changes in Contract Times are the complete and final adjustments for impacts to the ability of Contractor to complete the Work within the Contract Times and are the only adjustments to which Contractor is entitled. All terms and provisions of the Contract Documents remain in effect except as specifically modified by this Change Proposal. Proposed Net Change in Contract Price this Change Proposal $ 181,882.99 Proposed Net Change in Contract Times this Change Proposal 90 days Required Documentation ® Detailed cost breakdown attached showing labor, materials, equipment, and all other costs for this change ® Schedule attached to show impacts and justification for requested change in Contract Times Reason for the Change Proposal Procurement of pipe and valve for replacement of existing 42-Inch Main and 42-Inch Gate Valve that does not properly function. Change Proposal Page 1 of 2 Change Proposal Attachments Change Proposal letter and Scope Clarifications Requested Action ❑ Issue a Field Order ❑ Issue a Work Change Directive or Change Order for the described changes Requested by Taylor Kennedy Date 03/29/21 Action by Owner's Project Team Change Proposal No. ❑ Accepted ❑ Not Accepted - Revise and Resubmit ❑ Cancelled Comments Response by Date Change Proposal Page 2 of 2 City of Lubbock 1314 Ave K Lubbock, Texas, 79401 Attn: Josh Kristinek 1333 NW Vivion Road, Kansas City, MO 64118 Phone: 816.741.4600 www.gamey.com 02/26/2021 Re: Pump Station 7 Demolition & Waterline - Purchase of 24" Pipeline for Replacement of Existing 42-Inch Main Dear Mr. Kristinek, Garney has evaluated your request for the 42" to 24" Reduction Pipeline at Pump Station No. 7. Please see the attached Change Proposal 7318-03 which includes costs associated with the purchase of 24- Inch Pipe and associated materials as well as preconstruction work for this scope. This also includes the remobilization, standby time and exploratory costs accrued to date. A scope breakdown is included following the Change Proposal Cover Letter. Garney would like to propose an increase in contract time of 90 days - giving a revised Final Completion date of May 3rd, 2021. Garney would like to propose the Change Proposal in the amount of $181,882.99. This proposal represents the direct cost of the referenced work only. If additional work is required as a result of this change due to circumstances outside of Garney's control, this will be discussed and addressed under a separate cover. Sincerely, GARNEY COMPANIES, INC. Taylor Kennedy Project Manager City of Lubbock - Demolition of Pump Station No. 7 & Waterline Project 42-Inch to 24-Inch Reduction GENERAL SCOPE OF WORK PROPOSED BY GARNEY: • Procurement of approximately 210 LF of 24-Inch Mortar Coated & Mortar Line Steel Pipe (AWWA C-205) • Procurement of 24-Inch Butterfly Valve and associated parts per detail (Flanges) • Procurement of x2 - 24" Manways for Grouting Access (to include 6" Valves for testing) • Factory Hydrostatic Testing Only per the Steel Pipe Specification • Excludes Internal Dished Plugs • Exclusion of Note 1 of Drawing Sheet C-207 • Preconstruction Services (exploratory labor) • Standby Availability for 24 Inch Installation pending a 42 Inch Shutdown City of Lubbock — Demolition of Pump Station No. 7 & Waterline Project 42-Inch to 24-Inch Reduction GONTKAGT MODIFICATION KEW PROJECT: Demolition of Pump Station 7 and Waterline Replacement PROJECT NUMB OWNER: City of Lubbock 15243 CONTRACTOR: Gamey Construction 7318 CM: Freese & Nichols (Bret Calvert) LUB18411 ENGINEER: Freese and Nichols (Michael McBee) LUB18411 CHANGE PROPOSAL NO: 003 OF CHANGE PROPOSAL REQUEST VALUES FROM ATTACHED TABULATIONS Item # Engineering Directive # Description Qty Unit Cost Per Extended Cost 1 Procurement of 24inch Pipe & Exploration Work 1 LS $ 121,912.91 $ 121,912.91 2 Mobilization & Standbye Cost Recovery 1 LS $ 51,321.75 $ 51,321.75 3 Cut & Plug 7 - Work to Date 1 LS $ 8,648.33 $ 8,648.33 Total I $ 181,882.99 Contractor: Garvey Construction Date: 03/29/21 Recommended for Payment by Engineer Date By Approved for Payment by [OWNER] By Date By Taylor Karl e dy Approved for Payment by Construction Manager By ,6! � � � Z I Date Approved for Payment by [OWNER] By Date L Summary: TOTALS Oi—Cmtof±! $ 11.390.18 $ 1.e1136 $ 11.069.28 $ 75.893.27 S 1,850.00 $ 20.318.82 $ 121,91291 $ OUM Cost of Per Dbm MU Cost of E6Wpmem Dian Cost of Mat= Dlaa C.. of SufsmmaRar Contremel fee Suotoul of a Cost of eom PremWm TOTAL COST $ 12012 91 iJ ~O o 0 0 0 0 0 o 3 O ~ CC N N N N N N u u z e a O O CC m N .00 LLL N ~ O c 'N N O IBC N C cr. 00 00 00 00 00 00 .Q CO G � MO ri � N N O � N ,acc 00 00 00 00 00 00 \ L N ei 00 O N O fa N � W 3 W 00 00 00 00 00 00 `i L J N � E P Go U 3 y a° a l� a� c c eLo o = °c o p Y C cr le � m_ C� C ho C u O W ' N c00 M X >. m m 0 Y F— J CC F— F- O o Lr! vi Lq ui Lq ui Ln Lri Lr? 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EAST, LUBBOCK, TX 79404 LUBBOCK 806-745-4495 WARREN Rental SIgo[ Customer: 3346950 Bill to: GARNEY CONSTRUCTION 1700 SWIFT STREET KANSAS CITY, MO 64116 Signed By: Order By: TAYLOR KENNEDY Rental Items Rental Agreement Agreement B01626 Date Out: 02/22/2021 Mon 08:00 AM Est. Date In: 03/01/2021 Mon 08:00 AM Delivery Date: 02/19/2021 Fri 05:30 PM Jobsite: LUBBOCK JOB Contact: ALEX BAKER Phone: 806 662 7052 RENTAL 5100 29TH LUBBOCK, TX PUMP STATION #7 Written By: Joseph Abbas Sales Rep: AARON SCHENK (G-1-481) PO #: X 1. EXCAVATOR 336 - 38'5" R / 26'10" -- 336FL TC3D $1,262 $3,100 $8,989 ID: C92488 SERIAL: ORKB21191 HRS OUT: 3102.0 HRS ALLOWED: 8/40/160 1. EXCAVATOR DB LINKAGE HAMMER — DB HAMR $1,240 $3,000 $8,500 ID: C105204 SERIAL: OW9A10073 PLEASE VERIFY THAT PAYMENT HAS BEEN MADE CUSTOMER MUST ACQUIRE CALL OFF CONFIRMATION NUMBER IN ORDER TO STOP BILLING PLEASE REFUEL EQUIPMENT CAT RENTAL STORE REFUEL RATE IS AS FOLLOWS: $8.00/GALLON FOR DIESEL, $15.00/GALLON FOR DEF Miscellaneous Items 1 DSL EQPMT SURCHG 1 ENVIRONMENTAL 1 HET LUBBOCK C0UNTY(C92488) 1 DELIVERY 1 PICKUP State 6.25% City 1.5% County 0.5% Total Tax: 8.25% Customer agrees to allow only qualified personnel to operate the units shown above. fs' Read and follow all safety instructions. Observe � L all ratings and load limits per operator's manual LP'— located at operator's station. Ifil1, d W 1.50 % 1.50 % .17 % 1,150.00 each 1,150.00 each AGREEMENT AND HEREBY AGREE TO ALL OF THE CONDITIONS ON THIS AGREEMENT. SIGNER REPRESENTS HE IS AGENT OF AND AUTHORIZED TO SIGN FOR Print Name: TAYLOR KENNEDY Warren CAT rents to Customer the above described Equipment upon the terms and conditions set forth on this page and the following pages. Customer promises to pay the rental provided for in this contract and to return the Equipment no later than the date of expiration of the term as set forth above. Rental is charged on a time out basis, whether the Equipment is in use or not. Rental does not include fuel. Additional charges are imposed for Equipment not returned on time and for excess usage, as specified on this contract. This contract offers an optional loss damage waiver for additional charge to cover your responsibility for loss or damage to the heavy equipment. You do not have to purchase this coverage. Before deciding whether to purchase this loss damage waiver, you may consider whether your insurance policies afford you coverage for loss or damage to the heavy equipment rented and the amount of the deductible you would pay under your policies. See Section 16 for details. Printed on Thursday, February 18, 2021 3:22:40 PM by JABBAS B01626 Page 1 of 2 RENTAL AGREEMENT TERMS AND CONDITIONS 1. DEFINITIONS. "Warren CAT" means Warren Power & Machinery, Inc, a Delaware corporation doing business as Warren CAT, from whom Customer has rented the Equipment. "Customel' means the person or entity identified as such on the first page of this Rental Agreement, including any rePresenI it agent, oF<cer or employee of Customer "Equipmerit" means the equipment or ggoads listed on the of, side of this Rental Agreement 2. uiVnen RITY TO SIGN.Any individual signing this Rental Agreement represents and warrants that they are of legal age, and has all authority and power to sign this Rental Agreement on their own behalf or for Customer Furthermore, notwithstanding any claim of agency relationship, the person signing this Rental Agreement is orall events considered directly and personally liable under this Rental Agreement jointly and severally wi Customer. 3. COVENANTS AND CONDITIONS Each term and provision of this Rental Agreement performable by Customer is construed to be both a covenant and a condition. Customer warrants that all data and information, identification and any financial statement or other credit information furnished to Warren CAT, whether by Customer or through a credit reporting agency are famished to Warren CAT as an inducement to Warren CAT to lease the Equipment, and that all financial statements, information, data, names and addresses are We, correct and current. Customer shall promptly notify Warren CAT of any changes. 4. TERM. Warren CAT rents the Equipment to Customer for the term commencing when the Equipment leaves Warren CAT's premises and ending upon the expiration of the term as specified on the front side of this Rental Agreement. Customer is liable for the full rental rate for the entire term even ifthe Equipment is returned to Warren CAT before the expiration of the term for any reason whatsoever. Unless otherwise specified in writing, the term is a minimum of one day. No allowance is made for Sundays, holidays or time in transit or for any time the Equipment is not in actual use. This Rental Agreement continues in full force and effect until the expiration of the term specified on the front side of this Rental Agreement or until the Equipment is returned to Warren CAT at its place of business, whichever occurs later. AN OVERTIME CHARGE OF 1/8 OF THE DAILY RENTAL RATE IS IMPOSED FOR EACH HOUR THE EQUIPMENT IS RETAINED BEYOND THE EXPIRATION OF THE TERM. OVERTIME OF MORE THAN 8 HOURS IS CHARGED AT THE FULL DAILY RENTAL RATE. 5.RELEASE AND INDEMNITY. CUSTOMER RELEASES ANY AND ALL CLAIMS, LOSSES, DAMAGES (INCLUDING PUNITIVE DAMAGES), CAUSES OF ACTION, FINES, PENALTIES, ENFORCEMENT PROCEEDINGS, SUITS AND LIABILITIES OF ANY NATURE (HEREINAFTER, "CLAIMS") OF EVERY KIND OR CHARACTER NOW OR HEREAFTER EXISTING AGAINST WARREN CAT, AND AGREES TO DEFEND, INDEMNIFY AND HOLD HARMLESS WARREN CAT FROM, ALL CLAIMSAND ALL OTHER COSTS AND EXPENSES, INCLUDING ATTORNEYS' FEES, WHICH RESULT FROM OR ARISE OUT OF THIS RENTAL AGREEMENT, INCLUDING THESELECI'ION, DELIVERY, CONDITION, USE, OPERATION, MAINTENANCE OR REPAIR OF THE EQUIPMENT BEFORE, DURING OR AFTER THE TERM OF THIS RENTAL AGREEMENT, OR WHICH ARE ATTRIBUTABLE TO ANY DEFECT IN THE EQUIPMENT, REGARDLESS OF WHEN THE DEFECT IS DISCOVERED, AND INCLUDING ANY CLAIMS RESULTING FROM OR 6.DISCLAIMER OF WARRANTIES. CUSTOMER ACKNOWLEDGES AND AGREES THAT: (A)THEEQUIPMENT IS OF A SIZE, DESIGN AND MANUFACTURER SELECTED BY CUSTOMER AND IS SUITABLE FOR CUSTOMER'S PURPOSES AND CONTAINS ALL SAFETY FEATURES DEEMED NECESSARY BY CUSTOMER; (B) WARREN CAT IS NOT A MANUFACTURER OF THE EQUIPMENT; (C) WARREN CAT HAS MADE AND MAKES NO REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, INCLUDING ANY REPRESENTATION OR WARRANTY OF TITLE, MERCHANTABILITY, CONDITION, QUALITY, AGE, DESIGN, DURABILITY, SUITABILITY OR FITNESS FOR A PARTICULAR USE OR PURPOSE, ALL OF WHICH REPRESENTATIONS AND WARRANTIES ARE DISCLAIMED. IN THE EVENT OF MECHANICAL DEFECT OR FAILURE OF THE EQUIPMENT, CUSTOMER'S SOLE REMEDY IS THE TERMINATION OF RENT AT THE TIME OF FAILURE, PROVIDED CUSTOMER 7. LIMITATION OF LIABILITY. IN NO EVENT SHALL WARREN CAT BE RESPONSIBLE TO CUSTOMER OR ANY OTHER PARTY FOR ANY LOSS, DAMAGE OR INJURY CAUSED BY, RESULTING FROM OR IN ANY WAY CONNECTED WITH THE EQUIPMENT, ITS OPERATION OR ITS USE, WARREN CAT'S FAILURE TO DELIVER THE EQUIPMENT AS REQUIRED HEREUNDER, OR WARREN CAT'S FAILURE TO REPAIR OR REPLACE NON -WORKING EQUIPMENT. CUSTOMER ACKNOWLEDGES AND ASSUMES ALL RISKS INHERENT IN THE OPERATION, USE AND POSSESSION OF THE EQUIPMENT FROM THE TIME THE EQUIPMENT IS DELIVERED TO CUSTOMER UNTIL THE EQUIPMENT IS RETURNED TO WARREN CAT AND CUSTOMER WILL TAKE ALL NECESSARY PRECAUTIONS TO PROTECT ALL PERSONS AND PROPERTY FROM INJURY OR DAMAGE FROM THE EQUIPMENT. NOTWITHSTANDING ANY PROVISION OF THIS RENTAL AGREEMENT TO THE CONTRARY, NEITHER PARTY (NOR THE OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS OF EITHER PARTY) IS LIABLE HEREUNDER TO THE OTHER IN ANY ACTION OR CLAIM FOR CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, PUNITIVE OR SPECIAL DAMAGES, WHETHER THE ACTION IN WHICH RECOVERY OF THE DAMAGES IS SOUGHT IS BASED ON CONTRACT, TORT (INCLUDING SOLE, CONCURRENT OR COMPARATIVE NEGLIGENCE), GROSS NEGLIGENCE, INTENTIONAL OR WRONGFUL ACTS OR STRICT LIABILITY. EXCEPT TO THE EXTENT PROHIBITED BY LAW, ANY STATUTORY REMEDIES 8. USE OF EQUIPMENT. Customer agrees, at Customer's sole expense, to comply with all municipal, state, and federal laws, ordinances and regulations that may apply to the use of the Equipment. Customer will not use or allow anyone to use the Equipment: (a) in an illegal manner, or (b) without appropriate licenses or permits required under any applicable law. 9. TIME OF RETURN. Customer's right to possession terminates on the expiration of the term and retention of possession after this time constitutes a material breach of this Rental Agreement. Time is the essence of this Rental Agreement. An extension of the term must be mutually agreed upon in canting. 10. EXCESS USAGE CHARGE. Rental is charged on a time out basis, whether the Equipment is in use or not. Unless otherwise stated on the front page of this Rental Agreement, rental rates are based on single -shift rates with a niaxintani workday of 8 hours, maximum workweek of 40 hours, and maximum work month of 160 hours. Excess usage is charged for Equipment working in excess of these hours, at Warren CAT's customary rates, which Customer shall pay AL RATES. Rental rates are set forth on the front side of this Rental Agreement. Rental rates do not :livery or pickup charges, fuel, applicable taxes, cleaning or repair charges, assessments or any other costs or expenses. Customer agrees that all these charges are home by Customer. All freight and switching emunage, transpportation charges, loading and unloading charges, both ways, are to be paid by Customer. IPT OF EQUIPMENT. By accepting delivery, Customer acknowledges that it received the EquiPmerit and and materials, if any, used to connect the Equipment to Customer's towing motor vehicle in good, working 13. WAIVER OF DEFECTS. Customer covenants and agrees to make a complete inspection before using the Equipment and no later than 24hours after receipt of the Equipment and any claims for defect must be made within the 24hour period. If no claims are made within the 24hour period, then Customer acknowledges that the Equipment is in good and serviceable condition, and fit for its intended use, and Customer takes the Equipment after the 24hour period 'AS IS," regardless of defects, latent or otherwise. Upon failure of the Equipment, for any reason whatsoever, Customer shall promptly notify Warren CAT of the failure and at Customer's expense immediately return the Equppmei n to Warren AT's premises. 14. RETURN OF EQUIPMENT; REPAIRS; AND LIABILITY. At the termination of this Rental Agreement, Customer shall return the Equipment to Warren CAT's premises during Warren CAT's regular business hours, in the condition and repair receipt of the Equipment, reasonable wear and tear excepted. If Warren CAT agrees to deliver the Equiprent to Customer or to rick up the Equipment from Customer, Customer is responsible for all loss or damage to the Equipment from time odelivery to Customer until pickup by Warren CAT. Customer shall provide daily preventative maintenance and is fully responsible for all loss or damage to the Equipment until returned, including loss or damage caused by Customer, or any third party, due no abuse, misuse, neglect, carelessness, accident, act of Cod and Ilia damage of any kind. Customer shall perform all necessary or suggested regret regeneration. If the Equipment is urned in a dantaged or excessively wom condition, Customer shall pay Warren CAT the reasonable cost of repair and shall pay rental on the Equipment at '/= the regular rental rule until repairs are completed. The reasonable cost of repair includes Warren CAT's customary charges for service calls (if repair required on site) and Warren CAT's customary charges for repairs and parts for the Equipment. Customer is not authorized to incur for Warren CAT's account and expense or to expend any money in repairing the Equipment without Warren CAT's written consent. "Reasonable wear and teal' means only the normal deterioration of the Equipment caused by ordinary and reasonable use. By way of example, the following are not "reasonable wear and teal damage resulting from lack of lubrication or maintenance of necessary oil, diesel exhaust fluid, water and air pressure levels; damage resulting from any collision, overturning or improper operation of the Equipment, including improper loadingor exceeding the rated capacity of the Equipment, damage in the nature of dents, bending, tearing, straining and misalignment to the Equipment; damage from failure to perform regeneration and wear resulting from use in excess of the single -shift basis (8 hours per day and 5 days per week) If the Equipment is lost, stolen, destroyed or damaged beyond repair, Warren CAT and Customer agree that for determining the amount of the loss or damage, neither the age nor the depreciated value of the Equi ment is considered in determining the value of the Equipment. Due to inflation and due to the monies expended by Warren CAT to continually keep the Equipment in like -new condition, Warren CAT and Customer agree that the true and reasonable value of the Equipment is the original cost of the Equipment on the date of purchase by Warren CAT or the full replacement cost of similar equipment, of similar age and condition, whichever is higher Warren CAT and Customer further agree that no rental previously paid or accrued under this Rental Agreement is considered in determining the amount of the loss or damage. Note: Customer's responsibility for loss or damage to the Equipment resulting from fire, theft, vandalism, or act of God may be limited by the provisions of the LOSS DAMAGE WAIVER portion of this Rental Agreement where applicable and if purchased by Customer. 15. ASSIGNMENT, SUBLETTING AND LOCATION. This Rental Agreement may not be assigned by Customer, and neither the whole nor any pan of the Equipment may be sublet or subrented by Customer, or removed from the job location or county where Customer represented it was intended to be used, without Warren CAT's prior written consent 16. LOSS DAMAGE WAIVER. A. This Rental Agreement offers an optional loss damage waiver for an additional charge to cover Customer's responsibility for loss of or damage to the Equipment. Before deciding whether to purchase this loss damage waiver, Customer may consider whether its insurance policies afford it coverage for loss of or damage to the Equipment and the amount of the deductible Customer would pay under its policies. The loss damage waiver is not insurance. B. If Customer purchases the loss damage waiver, Customer shall pay Warren CAT an additional charge of 14% of the gross rental charges under this Rental Agreement which is the total charge for the waiver C. If Customer purchases the loss damage waiver, Customer and Warren CAT agree to modify Customer's responsibility (created in Section 14 of Us Rental Agreement) regarding Equipment damaged by fire, vandalism, or act of God or stolen while in Customer's possession or control. D. Notwithstanding the foregoing, the loss damage waiver excludes (i) loss of or damage to the Equipment that is caused by an unexplained disappearance or abandonment of the Equipment, (it) damage that is intentionally caused by Customer, including (a) exceeding or overloading the rated capacity of the Equipment, (b) failing to pprovide lubrication or other normal servicing o(ihe Equipment, Sc) overturning or tipping of the Equipment, or (d) using the Equipment in violation of any terms of this Renta Agreement; or (mini) damage that results from Customer's willful or wanton misconduct, including (a) operator neglect, misuse, abuse, carelessness or accident by Customer, (b) fraudulent or dishonest acts of Customer, or (c) events that were or should have been expected due to extraordinary application or use of the Equipment. to damage waiver further excludes(i) then of accessories, including art hoses, blades, tires, electric rnrds, tools, after treatment devices and other similar items, (u) damage to tires, robes, or wheels caused by deflation, blowouts, braises, dents, cuts, road hazards or other causes Inherent m the use of the Equipment; (ui) loss or damage to motors or other electrical devices caused by surges In electrical current; (iv) Loss or damage due to mechanical or electrical breakdown or failure. For purposes of this Section 16.D, the tern .Customer' includes Cu its employees, agents, or any other persons entrusted with the wpmerit. 1 . CUSTOMER INSURANCE OBLIGATIONS f. Physical Damat to Equipment: All Customers who do not purchase the LOSS DAMAGE WAIVER set forth in this Rental Agreement must provide to Warren CAT, at the time the Equipment is rented, a Certificate of Insurance in an amount not less than the replacement value of the Equipment with a deductible acceptable to Warren CAT naming Warren CAT as a loss payee or additional insured on said certificate evidencing coveragge for physical damage to the Equipment against All Risks. Such physical damage insurance covering tfie Equipment may not be cancelled or materially modified except upon thirty (30) days' written notice to N arten S. Other Insurance; Customer will, at Customer's expense, at all times during the term of the Rental Agreement, maintain in force the following insurance: (a) commercial general liability insurance covering bodily in ury gprope. damage liability in im amount mat less than one million dollars iS1,000,000)) combined singlelimm , ro� automob liability insurance m an amount not less than one million dollars (SI,000,000) combine. single :naorsea wntr a excess or on a c oerson or oerson coverage to Customer, or any 18. SAFETY Customer agrees and warrants to Warren CAT: (a) that the Equipment will be used and operated only by qualified operators; (b) that every operator shall read and comply with all warnings and instructions pertaining to the Equipment; (c) that Customer will routinely inspect the Equipment; and (d) that Customer will notcompromise the integrity of any safety systems or emissions systems of the Equipment. 19. RECALL AND RETURN. Warren CAT may recall the Equipment for any reason upon reasonable notice to Customer. Warren CAT may at all reasonable times enter the premises where the Equipment is located for the PPrpose of inspecting it and observing its use. Customer shall advise Warren CAT of the exact location of the uipmcnt whenever requested by Warren CAT. 20. TITLE. This Rental Agreement is not a contract of sale. Title to the Equipment at all times remains and is vested in Warren CAT. Customer may not mortgage the Equipment or permit any liens or claims to be filed against the Equipment. If an attempt is made to file or claim any lien against the Equipment or the Equipment is attached or subject to levy, Customer agrees to immediately notify Warren CAT of the claims in writing and take all necessary steps to protect the Equipment against these claims. 21. PURCHASE OPTION. Warren CAT grants to Customer the option to purchase the Equipment at any time for the fair market value of the Equipment, as determined by Warren CAT Customer may exercise this option by pprovidingg written notice to Warren CAT before the termination of this Rental Agreement. THIS RENTAL AGREEMEM IS NOT A RENTAL PURCHASE AGREEMENT AND RENTAL PAYMENTS MADE BEFOREEXERCISING THE OPTION TO PURCHASE THE EQUIPMENT WILL NOT BE APPLIED TO THE PURCHASE PRICE. 22. DEFAULT. It shall be a material default and Warren CAT may terminate this Rental Agreement if Customer fails to make any rental payment when due, attempts to sell or encumber the Equipment, ceases operating, institutes or has instituted against it proceedings under any insolvency law, makes an assignment for the benefit of creditors, fails to comply with any of the provisions of this Rental Agreement, any attachment, execution or writ of process is levied against the Equipment or any of Customer's property, if for any reason Warren CAT deems itself insecure or the Equipment unsafe, or in Warren CAT's sole opinion the Equipment is being overloaded, improperly used or abused.lf Warren CAT terminates this Rental Agreement due to Customer's default, Customer shall Promptly deliver the Equipment to Warren CAT. If Customer fails to deliver the Equipment to Warren CAT, Warren CAT or its agents may, without notice, enter any premises where the Equipment is located without being a trespasser and render the Equipment inoperative or take possession of and remove Ilia Equipment without process of law. In the event of default, Customer shall pay full rental rate and other fees due, damages for injury to the Equipment, costs of removal of the Equipment from the possession of Customer, freight charges, transportation charges and other charges incurred in the removal and return to Warren CAT at its place of business. In addition, Warren CAT has all the rights and remedies provided by the Business and Commerce Code of the State of Texas. If Warren CAT employs an attorney to enforce its rights and remedies under this Rental Agreement, Customer shall pay to Warren CAT a reasonable sum for Warren CAT's attorneys' fees. 23. FINANCE CHARGES; ATTORNEYS' FEES. Customer agrees to pay all collection costs and charges, including court costs and attorneys' fees, plus service or finance charges of equal to the lesser of (a) I '� °b per month; or (b) the maximum rate Permitted by applicable law, on all balances 30 days or more delinquent 24. MISCELLANEOUS. The failure by Warren CAT to insist upon strict performance of the terms and conditions of this Rental Agreementshall not be construed as a waiver by Warren CAT.Any waiver by Warren CAT of any term or condition of this Rental Agreement is not a precedent to a waiver of any succeeding breach of the same or any other term or condition of this Rental Agreement.Time is of the essence No rent abates by reason of termination of Customer's right of possession or for any other reason. All rents and other sums of money payable by Customer under this Rental Agreement are due and payable at the offices of Warren CAT in Midland, Texas. This Rental Agreement is govemed by the laws of the State of Texas and the venue of any action arisingg out of this Rental Agreement is in Midland County, Texas Neither the invalidity nor the anenforceability of any provision of this Rental Agreement affects or impairs any other Provision of this Rental Agreement. This Rental Agreement constitutes the entire agreement of the parties with respect to the subject matter hereof and no modification of this Rental Agreement is binding unless inn writing end signed by Warren CAT This Rental Agreement is binding upon and inures to the benefit of the parties and their respcetmve heirs, executors, representatives, agents, successors and permitted assigns. 25. LIKE KIND EXCHANGE NOTIFICATION. Notice is hereby given that Warren CAT has assigned to Warren Exchange LLC its rights (btit not its obligations) to till certain egwpment held for rental purposes 26. HIGHWAY VEHICLES. If the Equiprent is a highway vehicle, then the terms and conditions of the Highway Vehicle Addendum shall also apply. The Highway Vehicle Addendum is attached hereto and made a B01626 Page 2 of 2 AGREEMENT: B01626 CUSTOMER: GARNEY CONSTRUCTION (3346950) ID: C105204 SERIAL: OW9A10073 Maintenance Kit Your go -to guide for hammer maintenance. From storage to inspections, it's important to know how to maintain your hammer so you can get the most out of your investment. Here are our top maintenance tips: 0 Proper Storage Always store your hammer in the vertical position in order to release moisture and help alleviate pressure on internal seals. © Cover Cap Hoses Do not plug cap hoses with rags. Instead, cover the hoses with quick disconnects or temporary plugs, or leave your hammer connected to the machine. This will protect the hoses and help to prevent damage from dust and other contaminants. © Regular Inspections Check your hammer's condition according to our maintenance checklist. WARREN CAT AGREEMENT: B01626 CUSTOMER: GARNEY CONSTRUCTION (3346950) ID: C105204 SERIAL: 0W9A10073 Maintenance Checklist Daily — Every two hours (before your shift) ❑ Grease below lower bushing and hammer ❑ Inspect hose connections, pins, bolts and tool tip ❑ Cap hoses when not in use Weekly — Every 50 machine hours ❑ Compare tool and bushing wear limits to original machine manufacturer specifications ❑ Rotate or replace lower tool bushing (if any part of inner grease groove is worn, replace it. If wiper seal lip is worn, or if the tool is in contact with the edge of bushing, rotate or replace it) ❑ Remove burrs from tool pin slot with hand grinder Monthly — Every 100 machine hours ❑ Inspect top and side buffers for cracks and excessive damage ❑ Inspect all wear parts and hoses Yearly — Every 1,000 machine hours ❑ Disassemble hammer and inspect all internal parts ❑ Install new seals and membrane Everything Grease Help keep your hammer running smoothly and prevent damage. Cat® Hammer Paste Cat Hammer Paste is specifically engineered for high temperatures up to 2,000°F (1,093°C) and will help prevent seizing and heavy friction, which could fuse parts together. Always use the hammer paste outside the lower bushing tool. Manual Greasing iiePTo grease manually, apply the grease to your hammer in an upright position with downward force on the tool, using 10-15 r ast pumps in each grease fitting. Do this every two hours or hourly in extreme conditions. Auto Lube If your hammer has an auto lube feature, it will provide a continuous metered flow of grease directly on the hammer. _ With this method, you can easily monitor levels during operation and increase or decrease the rate as needed. "y Remember to replace your grease cartridge once the red plunger is showing. Lower Tool Bushing Since this is the primary point of wear on hammers, greasing this component will ensure proper lubrication from the lower bushing to the hammer tool. This will help minimize repairs and replacements, keeping your maintenance costs down. Recharge and Reload How to keep your accumulator firing. The accumulator on your hammer provides the firing power and helps protect the carrier from high pressure. Therefore it is vital to keep your accumulator working properly. Check and reload the gas charge on your accumulator in 3 steps. OLook for signs of a low charge The Cat Hammer Difference. ,&Hoses are violently shaking Only on Cat machines can you check and fill your ,&Hammer operates but without power accumulator while the hammer is still attached. And ©thanks to its world -class sealing system, the Check the charge with a charging kit or a pressure gauge accumulator on Cat Hammers maintains power output ©longer than other brands. So you can keep doing the Use a nitrogen cylinder to recharge your accumulator_ hard-hitting work. AGREEMENT: B01626 CUSTOMER: GARNEY CONSTRUCTION (3346950) ID: C105204 SERIAL: OW9A10073 Become A Better Operator In 6 Steps Follow these 6 easy techniques to become a better operator and protect your hammer investment. O90' operation only © 15-second time limit OHammers can't swim © Hammers are not made for lifting © Don't sweep or dig with your hammer O Know the limit of your hammer and don't exceed it Dos and Don'ts of Hammer Operation How to handle your hammer. Help increase the productivity and life of your hammer with proper use and maintenance. By following our Dos and Don'ts, your hammer will perform better and last longer. DO put a fresh grease collar below the bushing every day. The lower bushing is a primary point of wear on a hammer. Grease it every day before your shift to keep the hammer operating at peak performance and to prevent damage. DO replace the auto lube cartridge when the red plunger appears. Auto lube systems can be mounted directly on the hammer for continuous metered flow and easy monitoring. Replace the auto lube cartridge when the red plunger appears to keep your hammer greased. Read more about hammer maintenance in Guide 4. Hammer Maintenance. DO operate on the hammer work tool program. Different attachments use different auxiliary hydraulic circuits. If a tool program other than the hammer program is selected, the hammer may run poorly or not at all. DO fully penetrate the material you are breaking. To reduce the risk of damage to your hammer, be sure to fully penetrate the material you are breaking. This will help protect against blank firing and other potential damage to your hammer. XDON'T break rocks smaller than necessary. This helps cut down on general wear and tear and prevents flooding the crusher. DON'T blank fire. Blank firing happens when the piston hits the hammer tool because there is no material underneath or the material has already been penetrated. To prevent blank firing and damage to your hammer, know when to stop hammering, choose a machine with a hydraulic cushion to dampen piston movement or choose a hammer with automatic shut-off and blank firing protection. DON'T use rags to cap hoses when not in use. Always cover cap hoses with quick disconnects, temporary plugs or leave them connected to the machine to help prevent contamination and damage. Customer agrees to the hammer operating and maintenance guidelines. DocuSigned by: TAYLOR KENNEDY #t"W4A :... Print Name ®2020 Caterpillar. All Rights Reserved.CAT,CATERPILLAR, BUILT FOR IT, the r respecave logos. 'Caterpillar Yellow; the"Power Edge trade dress, as well as corporate and product identity used herein, are trademarks of Caterpillar and may not be used without perm ss•on 2/18/2021 Date 1 H i Rental S1OHE_ ! ._ VELLP"' dOUSE MACHINERY CO. Yellowhouse Machinery Co. 3405 E. Slaton Road Lubbock, TX 79404 Phone: 806-763-0473 Fax:806-763-0331 invoices@yellowhouse.us INVOICE TO: 51360 GARNEY CONSTRUCTION 1333 NW VIVION ROAD KANSAS CITY MO 64118 US Invoice Period: 10/28/2020 to 11/25/2020 RENTAL UNIT DETAILS Rental Unit No Make Model 63741 JOHN DEERE 624K 67159 MISC 624K RENTAL UNIT ADJUSTMENT DETAILS Rental Unit No Make Model Adjustment Notes: ADDITIONAL CHARGE DETAILS Description HAULING CHARGES CONTRACT INVOICE NOTES 1 ST MONTH / P&D Customer PO No: MARSHA SHARP / AL Tax Exempt No: Salesperson: REID LAYTON EE) = M Amarillo, TX Abilene, TX Tulsa, OK (Sand Springs) (806)335-1681 (325)677-2291 (918)245-5926 0 Lubbock, TX Midland -Odessa, TX Enid, OK JOHN DEERE (806)763-0473 (432)580-3337 (580)233-5000 Wichita Falls, TX San Angelo, TX McAlester, OK (940)322-3337 (325)651-3337 (918)423-2555 Dalhart, TX Broken Bow, OK (806)884-4994 (580)584-3222 USED AT: Next Invoice Date: 11/26/2020 PIN No Billing Period Invoice No: PREVIEW Invoice Date: 10/21/2020 Contract No: 120938 Start Date: 10/21/2020 Billing Cycle: Monthly Payment Type: Account Prior Invoices: 1 Page: 1 of 1 Rate Rental Value Tax Ind 1DW624KZKGF674056 10/28/2020-11/25/2020 $6400.00 $6400.00 Y J000070736-1 10/28/2020 - 11/25/2020 $1500.00 $1500.00 Y PIN No Rental Class Recur Ind Charge Method Charge Value N Value $400.00 Adj Amount Tax Ind Additional Charges Tax Ind $400.00 Y Rental Income: Adjustment Amount: Additional Charge Total: Sales Tax: Less Deposit: Invoice Total: $7,900.00 $0.00 $400.00 $684.75 $0.00 $8,984.75 TERMS AND CONDITIONS Terms Net 10th. All accounts not paid by 10th of month following purchase are subject to a FINANCE CHARGE at a monthly rate of 1.5%. This is an ANNUAL RATE of 18% applied to the previous months balance without deducting current payments and/or credits. All accounts remit to: Yellowhouse Machinery Co., PO Box 31388 Amarillo, TX 79120. Receivedby: ....................................................................................................... Date:.......................................... TO: Garvey Construction Co. (GO016) 1333 NW Vivion Road R.I.S. #: 2021-6112 2615 SAN JUAN BLVD FARMINGTON, NM 87401 4523 H WY 84 LUBBOCK, TX 79416 125101DC DRIVE ODESSA, TX 79766 12555 W BUTLER EL MIRAGE, AZ 85335 1851 N 6TH STREET SHOW LOW, AZ 85902 4089 SEVEN RIVERS HWY LOT 16 CARLSBAD, NM 88220 DATE: 03/08/2021 CONTRACT #: INVOICE 120201 REMIT TO: P.O. BOX 2014 FARMINGTON, NM 87499 PHONE: (505) 327-4947 FAX: (505) 326-0305 W W W. Rl LEY IN DUSTRIAL.CO M Kansas City, MO 64118 PO OR WO #: ATTN:Accounts Payable LOCATION: 4939 Marsha Sharp Freeway, Lubbock, Texas AP@gamey.com DESCRIPTION: Hydro -Excavation Services SANDBLASTING* PAINTING* COATING* INTERNAL TANK LINING - FIBERGLASSING - LEAD PAINT ABATEMENT' INDUSTRIAL VACUUM TRUCKS WATERBLASTING - HYDRO -EXCAVATION - WNGSTROM AIR PREHEATER CLEANING - INTERNAL -EXTERNAL PIPE CLEANING CONTACT: Taylor Kennedy (806) 662-7052 tkennedy@garney.com D.T.R. NO: 2021-6112-0308 SUMMARY OF WORK: Furnish all labor, equipment and materials necessary to perform Hydro -Excavation Services as per daily time reports and instructions. Once complete, the waste was disposed of properly. Our vacuum truck was washed out and our crew and equipment returned to our facility. Work scope also includes loading/ unloading of equipment, water and materials; DOT Pre -Trip Inspections before any of our vehicles travel on the highways; and all travel time to and from the jobsite and/or disposal site. DESCRIPTION AMOUNT Hydro -Excavation Crew and Equipment - Weekday 4.50 HR @ $240.00 Per HR $1,080.00 Water 700.00 GAL @ $0.04 Per GAL $28.00 Environmental Recovery Waste Surcharge $22.16 TAX: TX - STATE OF TEXAS - 700-000-2245-1006 $0.00 Terms' Net due upon completion of work as of date of invoice with a service charge of 1.5 percent per month (18 percent per annuml on all past due accounts. Minimum service charge is 50 cents. SUB -TOTAL: $1,130.16 SALES TAX: $0.00 TOTAL CHARGES: $1,130.16 Eddie Pierce Welding Service 1503 Twin Post Court Arlington, TX 76014 US Ejpwelding@aol.com INVOICE BILL TO INVOICE 030221 GARNEY CONSRTUCTION DATE 03/03/2021 TERMS Net 30 DUE DATE 04/02/2021 SERVICE DESCRIPTION OTY RATE AMOUNT Sales 03/02/21 10 110.00 1,100.00 Travel Time Sales 03/02/21 2 175.00 350.00 Per Dim Sales 03/02/21 10 110.00 1,100.00 Stand by To drain water Sales 03/03/21 4 110.00 440.00 Stand by Job cancelled didn't have plate to cap off old line and was sent. Sales 03/03/21 6 110.00 660.00 Weld cap 24" Weld steps for trailer Sales 03/03/21 10 110.00 1,100.00 ---------------------- Travel Time Home ---------------------------------- Jonathan Young BALANCE DUE $4,750.00 Dernck Seargeant Pay invoice Page 1 of 1