2024A-02072-NPC-ROC Notice of Hearing and Packet MAILED .pdf

2024A-02072-NPC-ROC · Registrar of Contractors · 2024-04-26

REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA

Canyon State Barricade Service LLC, Case No. 2024-02072 COMPLAINANT, Docket No. 2024A-02072-NPC-ROC v. NOTICE OF HEARING ON CONTESTED CASE Dynatek Energy Solutions Inc License No. ROC 330268,

RESPONDENT.

This Notice of Hearing is issued under A.R.S. § 41-1092.05(D). HEARING INFORMATION The hearing is set for: May 29, 2024 9:00 AM Adam Stone 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 March 21, 2024. SHORT AND PLAIN STATEMENT OF THE MATTERS ASSERTED The complaint and citation allege that the Respondent committed the following act(s): Charge: 1 A.R.S. § 32-1154(A)(10)

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

Because Complainant alleged Respondent committed an act(s) or omission(s) that is cause for the suspension or revocation of a license, Complainant is a party to this case and will be a party to the hearing. Respondent and Complainant, as the parties to the hearing, will present evidence and argument to the administrative law judge. The Registrar’s assigned investigator will appear as a witness at the hearing.

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 April 18, 2024.

By: /s/ Erika Hoskin Erika Hoskin Legal Secretary Legal Department Arizona Registrar of Contractors Copy mailed via USPS First Class mail April 18, 2024 to:

Respondent(s) Dynatek Energy Solutions Inc PO Box 20 Vienna, OH 44473 Complainant(s) Canyon State Barricade Service LLC 3745 W Lupine Ave Maricopa, AZ 85029

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. 2024-02072 /

Katie Hobbs, Governor Martin Quezada, Director

Hearing Packet FAQ What is the Hearing Packet?

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

Who gets the Hearing Packet?

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

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

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

What is in the Hearing Packet?

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

● Original complaint;

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

Katie Hobbs, Governor Martin Quezada, Director

● Citation; and ● Answer.

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

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

What if there are documents missing from the Hearing Packet?

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

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

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

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

Katie Hobbs, Governor Martin Quezada, Director

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

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

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

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

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

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

February 22, 2024

Via U.S. Mail and Email

Complainant Canyon State Barricade Service LLC 3745 W Lupine Ave Maricopa, AZ 85029

Via U.S. Mail and Email

Respondent Dynatek Energy Solutions Inc. PO Box 20 Vienna, OH 44473

Re: Complaint No. 2024-02072

Dear Complainant and Respondent:

The Registrar received a complaint filed against Dynatek Energy Solutions 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 29, 2024. Please reference the complaint number listed above if you file a response. Respondent may file a response by:

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

The Registrar will not issue a citation before February 29, 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.

Sincerely,

/s/ Shaquira Adebule

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov Lg100 4/21 Shaquira Adebule Legal Assistant II Legal Department AZ Registrar of Contractors 602-542-1525

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov Lg100 4/21 CONTINUING AGREEMENT BETWEEN CONTRACTOR AND SUBCONTRACTOR

This continuing agreement between Contractor and Subcontractor is by and between Canyon State Barricade Service LLC and _____Dynatek Contracting__________________________ , (Subcontractor) and is dated this ____7____day of ____________November______, 2023__.

Background Contractor is desirous of employing Subcontractor to perform work and provide material subject to general conditions which will apply to all work performed and material provided by the Subcontractor no matter when and where performed (individually and collectively the “Work”). These conditions are to be supplement to any conditions specified to any particular Work performed by the Subcontractor in consideration of the Work performed by the Subcontractor for Contractor, the payment to be made by Contractor to Subcontractor and of the other covenant and conditions set forth herein, THE PARTIES AGREE AS FOLLOWS:

Terms and Conditions 1. Work. Subcontractor agrees that all Work performed at the request of the Contractor shall be performed in a workmanlike manner, in accordance with applicable law, manufacturers’ recommendations, best general trade practices and in compliance with any and all plans and specifications provided by the Contractor.

2. Changes or Modifications. Contractor may make such modifications or changes in the above-referenced plans and specifications as desired by written instruction or drawings issued to the Subcontractor. The cost of any requested modifications or changes shall be estimated by the Subcontractor at the time ordered, and if accepted by the Contractor, Contractor shall authorize the modification or change.

3. Delays. Any work performed by the Subcontractor will be performed in an expeditious and efficient manner, subject, however, to conditions beyond the control of Subcontractor, including, but not limited to, strikes, lockouts, inclement weather, inability to timely secure the delivery of materials and supplies and unforeseen natural disasters.

4. Subcontractor’s Performance. Subcontractor shall furnish its best skill and judgment and cooperate with Contractor and all subcontractors in performing any Work. Subcontractor shall furnish efficient administration and supervision of any Work, shall use every effort to keep upon the job site at all times an adequate supply of workmen and materials and shall complete the construction of any work in the most expeditious and effective manner consistent with the interests of the Contractor.

5. Employment of Subcontractors and Laborers. Subcontractor shall employ, in the Subcontractor’s name as employer, all labor used in the performance of any Work and shall, in its name and not as agent for Contractor, make all purchases of materials, supplies or equipment and enter into all subcontracts for the performance of any Work to be performed by the Subcontractor. The Subcontractor is an independent contractor, and not an employee of the Contractor. The Subcontractor shall be solely responsible for all taxes and withholding normally paid by independent contractors.

6. Hold Harmless To the fullest extent permitted by law, Subcontractor shall indemnify, defend, and hold harmless the General Contractor from and against any and all loss or claim, liability, damages, demands, court actions or judgments, costs, attorney fees, or other expenses incidental thereto of every kind and nature whatsoever on account of or arising from any accident, injury or damages to persons or property resulting or allegedly resulting from the acts or omissions of the Subcontractor or by anyone directly or indirectly employed by him or anyone for whose acts he may be liable, regardless of whether it is caused in part by a party indemnified hereunder. This includes any and all work-related injuries for anyone directly or indirectly employed by the Subcontractor including any subcontractors they may have engaged and their employees, as well as any Subcontractor owner, partner, sole owner, sole proprietor, corporate officer or LLC member for which the Subcontractor’s Workers Compensation coverage may apply.

Furthermore, the Subcontractor agrees to hold harmless the General Contractor from and against any and all loss or claim, liability, damages, demands, court actions or judgments, costs, attorney fees, or other expenses incidental thereto of every kind and nature whatsoever on account of or arising from any accident, illness, or injury that may be deemed to be “work- related” but where the Subcontractor’s Workers Compensation Insurance may or may not apply due to circumstances beyond the General Contractors control including, but not limited to mid- term cancellation for any reason, failure to renew such coverage or various situations when coverage is found to be not in force or not applicable due to circumstances beyond the General Contractors control including, but not limited to, coverage disputes, or situations whereby any such Subcontractor owner, partner, sole proprietor, corporate officer or LLC member has elected to exempt his or herself by waiving coverage under the Subcontractors own existing Workers Compensation policy.

Additionally, the Subcontractor agrees to hold harmless the General Contractor from all property damage (including property lost or stolen) to any property owned by the SUB-CONTRACTOR AGREEMENT INSURANCE ADDENDUM 1. It is agreed that prior to the commencement of any work, the Subcontractor will purchase and maintain Insurance coverages as indicated below and will provide General Contractor and their representative with a valid Certificate of Insurance indicating these said coverages.

2. Certificate of Insurance must include a mandatory 30-day Cancellation clause. (deleting the "Endeavor to… " clause), and Certificate must also include General Contractor as a Primary and Non-Contributory Additional Insured with respects to the General Liability coverages. Coverage must be for ongoing and completed operations. (Sample Certificate is attached) Certificate must contain the wording that “The coverage provided herewith under the Sub-Contractors insurance policies is deemed to be Primary and Non-contributory. Any additional coverage carried by the General Contractor is deemed to be excess coverage.” 3. In no event shall the General Contractor’s failure to receive the required Certificates of Insurance prior to the commencement of any such work be construed as a waiver of these requirements.

4. The Sub-Contractor assumes responsibility for his sub-contractors and is bound by this agreement to require these same minimum insurance coverages from his sub-contractors.

5. Waiver of Subrogation in favor of General Contractor shall apply to Workers Compensation coverages, and must be so stated on the Certificate of Insurance.

Minimum Insurance Requirements: Umbrella Liability coverage may be used to bring your coverage limits up to our requirements. Workers Compensation & Employers Liability Limits of Liability: $500,000/ $500,000 / $500,000

Comprehensive General Liability Limits of Liability: $1,000,000 per Occurrence / $2,000,000 General Aggregate/ 1,000,000 Products Completed Operations Aggregate. Coverage shall include: Products & Completed Operations, Premises & Operations, Blanket Contractual & Broad Form CGL Endorsement

Business Automobile Liability Combined Single Limit Liability: $1,000,000. Coverage to include all Owned, Non-owned & Hired vehicles, Uninsured & Underinsured Motorists.

Dynatek Energy Solutions, Inc.

November 2023

Canyon State Barricades LLC 602-795-8821 28264 N. 166th Ave. Surprise, AZ 85387

Attn: Larry Herrera Traffic Engineering

Ref: Letter of Intent to Retain Canyon State Barricades Services For Traffic Control as Required by City of Mesa for Google Fiber Optic Infrastructure Install in Streets

Dear Larry,

It is the intent of Dynatek to retain your firm’s services as stated above. This project consists of many segments corresponding to the system requirements of Google.

We will send you a set of plans for the work of each segment for you to prepare and secure the traffic control permit from the City of Mesa. You will then prepare a proposal for the work of the specific project at hand and we will send you a Purchase Order for that segment and each subsequent segment as and when we determine appropriate. The proposal will contain the unit pricing for the work required by the particular work segment.

You will send the necessary traffic control permit application to the City of Mesa and secure its approval.

You will be paid promptly upon completion of each segment in monthly progress payments as will be stipulated in the Purchase Order we send you. Send all invoices to our office to the attention of Carly Roman and Steve Palac

Please provide us your project insurance certs and W-9 as soon as you can.

Thank you

Philip Armstrong Vice-President

M: 330.720.5104

Dyantek Energy Solutions, Inc P. O. Box 20, Vienna, OH 44473 330-448-8005 AZ RoC Contractor License B-1: 330268, A-17: 346855 Canyon State Barricades Statement 28264 N 166th Ave Date AZ 85387 2/20/2024

To: Dynatek Energy Solutions, Inc. P.O. Box 20 Vienna, OH 44473

Amount Due Amount Enc. $295,232.69

Date Transaction Amount Balance

12/31/2023 INV #00003610. Due 01/30/2024. Orig. Amount $42,190.67. 6th Dr & Date 42,190.67 42,190.67 01/07/2024 INV #00003611. Due 02/06/2024. Orig. Amount $20,706.11. 6th Dr & Date 20,706.11 62,896.78 01/14/2024 INV #00003612. Due 02/13/2024. Orig. Amount $23,895.58. 6th Dr & Date 23,895.58 86,792.36 01/21/2024 INV #00003613. Due 02/20/2024. Orig. Amount $25,332.04. 6th Dr & Date 25,332.04 112,124.40 01/28/2024 INV #00003614. Due 02/27/2024. Orig. Amount $30,100.12. 6th Dr & Date 30,100.12 142,224.52 02/04/2024 INV #00003615. Due 03/05/2024. Orig. Amount $28,840.36. 6th Dr & Date 28,840.36 171,064.88 02/11/2024 INV #00003616. Due 03/12/2024. Orig. Amount $23,149.72. 6th Dr & Date 23,149.72 194,214.60 02/11/2024 INV #00003645. Due 03/12/2024. Orig. Amount $6,698.45. 1922 S 78TH 6,698.45 200,913.05 ST 02/18/2024 INV #00003632. Due 03/19/2024. Orig. Amount $41,285.92. 6th Dr & Date 41,285.92 242,198.97 02/18/2024 INV #00003646. Due 03/19/2024. Orig. Amount $53,033.72. 1922 S 78TH 53,033.72 295,232.69 ST

1-30 DAYS PAST 31-60 DAYS PAST 61-90 DAYS PAST OVER 90 DAYS CURRENT Amount Due DUE DUE DUE PAST DUE

208,440.33 86,792.36 0.00 0.00 0.00 $295,232.69 Customer : Dynatek Energy Solutions, Inc. - Job ID: 000733 - Invoice# 00003610 (cont.) Date Description From - To Qty Days Total Qty Price Total ------- SALES / ONE-TIME CHARGES -------- 12/05/23 Flags with Dowels ( Orange) * 24 24 $3.25 $78.00 12/06/23 Flags with Dowels ( Orange) * 30 30 $3.25 $97.50

------------------------ LABOR ----------------------- 11/27/23 1 Tech 1 Truck Labor * 4.5 4.5 $75.00 $337.50

12/03/23 2 Techs 1 Truck Labor * 3 3 $110.00 $330.00 12/05/23 2 Techs 1 Truck Labor * 3 3 $110.00 $330.00 12/05/23 2 Techs 1 Truck Labor * 4 4 $110.00 $440.00 12/06/23 2 Techs 1 Truck Labor * 3 3 $110.00 $330.00 12/06/23 2 Techs 1 Truck Labor * 4 4 $110.00 $440.00 12/06/23 2 Techs 1 Truck Labor * 6 6 $110.00 $660.00 12/07/23 2 Techs 1 Truck Labor * 3 3 $110.00 $330.00 12/07/23 2 Techs 1 Truck Labor * 4.5 4.5 $110.00 $495.00 12/08/23 2 Techs 1 Truck Labor * 4.5 4.5 $110.00 $495.00 12/08/23 2 Techs 1 Truck Labor * 3 3 $110.00 $330.00 12/11/23 2 Techs 1 Truck Labor * 6 6 $110.00 $660.00 12/19/23 2 Techs 1 Truck Labor * 3 3 $110.00 $330.00 12/21/23 2 Techs 1 Truck Labor * 3 3 $110.00 $330.00 12/22/23 2 Techs 1 Truck Labor * 3 3 $110.00 $330.00 12/22/23 2 Techs 1 Truck Labor * 5 5 $110.00 $550.00 12/26/23 2 Techs 1 Truck Labor * 3 3 $110.00 $330.00 12/26/23 2 Techs 1 Truck Labor * 5 5 $110.00 $550.00 12/27/23 2 Techs 1 Truck Labor * 5 5 $110.00 $550.00 12/27/23 2 Techs 1 Truck Labor * 3 3 $110.00 $330.00 12/28/23 2 Techs 1 Truck Labor * 3 3 $110.00 $330.00 12/28/23 2 Techs 1 Truck Labor * 5 5 $110.00 $550.00 12/29/23 2 Techs 1 Truck Labor * 3 3 $110.00 $330.00 12/29/23 2 Techs 1 Truck Labor * 3 3 $110.00 $330.00 12/30/23 2 Techs 1 Truck Labor * 3 3 $110.00 $330.00

Note: The * indicates taxable items. EQUIPMENT RENTAL TOTAL $27,326.60 SALES/ONE-TIME CHARGES $1,175.50 LABOR TOTAL $10,347.50 Please note; a 5% late payment fee per month will SUBTOTAL $38,849.60 automatically be applied to all amounts not paid on SALES TAX (8.6%) $3,341.07 time. All invoice disputes must be brought to Canyon State Barricades attention within 30 days of date TOTAL CHARGES $42,190.67 of invoice for credits to be given. May be subject to PLEASE PAY THIS AMOUNT $42,190.67 collection and or legal fees.

We appreciate & Value your business!!

*** Job Not Complete ***

------------------------ LABOR ----------------------- 01/06/24 ATSSA Certified Flagger (per hour) * 3 3 $80.00 $240.00

01/02/24 2 Techs 1 Truck Labor * 9 9 $110.00 $990.00 01/03/24 2 Techs 1 Truck Labor * 5 5 $110.00 $550.00 01/04/24 2 Techs 1 Truck Labor * 5 5 $110.00 $550.00 01/05/24 2 Techs 1 Truck Labor * 6 6 $110.00 $660.00

01/02/24 2 Techs 2 Trucks Labor * 4 4 $130.00 $520.00 01/02/24 2 Techs 2 Trucks Labor * 3 3 $130.00 $390.00 01/03/24 2 Techs 2 Trucks Labor * 5 5 $130.00 $650.00 01/04/24 2 Techs 2 Trucks Labor * 6 6 $130.00 $780.00 01/05/24 2 Techs 2 Trucks Labor * 6 6 $130.00 $780.00 01/06/24 2 Techs 2 Trucks Labor * 7 7 $130.00 $910.00

01/06/24 ATSSA Certified Flagger (per hour) * 3 3 $80.00 $240.00

Note: The * indicates taxable items. EQUIPMENT RENTAL TOTAL $10,878.90 SALES/ONE-TIME CHARGES $927.50 LABOR TOTAL $7,260.00 Please note; a 5% late payment fee per month will SUBTOTAL $19,066.40 automatically be applied to all amounts not paid on SALES TAX (8.6%) $1,639.71 time. All invoice disputes must be brought to Canyon State Barricades attention within 30 days of date TOTAL CHARGES $20,706.11 of invoice for credits to be given. May be subject to PLEASE PAY THIS AMOUNT $20,706.11 collection and or legal fees.

We appreciate & Value your business!!

*** Job Not Complete ***

AZ UTRACS #19406 Page 2 SBE/DBE/ACDBE #20985037 Thank you for your business ! We appreciate & Value your business! Customer : Dynatek Energy Solutions, Inc. - Job ID: 000733 - Invoice# 00003612 (cont.) Date Description From - To Qty Days Total Qty Price Total ------------------------ LABOR ----------------------- 01/09/24 2 Techs 2 Trucks Labor * 7 7 $130.00 $910.00 01/10/24 2 Techs 2 Trucks Labor * 7 7 $130.00 $910.00 01/11/24 2 Techs 2 Trucks Labor * 7 7 $130.00 $910.00 01/12/24 2 Techs 2 Trucks Labor * 7 7 $130.00 $910.00

01/08/24 ATSSA Certified Flagger (per hour) * 4 4 $80.00 $320.00 01/09/24 ATSSA Certified Flagger (per hour) * 4 4 $80.00 $320.00 01/10/24 ATSSA Certified Flagger (per hour) * 4 4 $80.00 $320.00 01/11/24 ATSSA Certified Flagger (per hour) * 4 4 $80.00 $320.00 01/12/24 ATSSA Certified Flagger (per hour) * 4 4 $80.00 $320.00

Note: The * indicates taxable items. EQUIPMENT RENTAL TOTAL $12,473.30 SALES/ONE-TIME CHARGES $240.00 LABOR TOTAL $9,290.00 Please note; a 5% late payment fee per month will SUBTOTAL $22,003.30 automatically be applied to all amounts not paid on SALES TAX (8.6%) $1,892.28 time. All invoice disputes must be brought to Canyon State Barricades attention within 30 days of date TOTAL CHARGES $23,895.58 of invoice for credits to be given. May be subject to PLEASE PAY THIS AMOUNT $23,895.58 collection and or legal fees.

We appreciate & Value your business!!

*** Job Not Complete ***

AZ UTRACS #19406 Page 2 SBE/DBE/ACDBE #20985037 Thank you for your business ! We appreciate & Value your business! Customer : Dynatek Energy Solutions, Inc. - Job ID: 000733 - Invoice# 00003613 (cont.) Date Description From - To Qty Days Total Qty Price Total ------------------------ LABOR ----------------------- 01/16/24 2 Techs 1 Truck Labor * 2 2 $110.00 $220.00 01/17/24 2 Techs 1 Truck Labor * 2 2 $110.00 $220.00 01/18/24 2 Techs 1 Truck Labor * 2 2 $110.00 $220.00 01/19/24 2 Techs 1 Truck Labor * 2 2 $110.00 $220.00

01/15/24 2 Techs 2 Trucks Labor * 7 7 $130.00 $910.00 01/16/24 2 Techs 2 Trucks Labor * 7 7 $130.00 $910.00 01/17/24 2 Techs 2 Trucks Labor * 7 7 $130.00 $910.00 01/18/24 2 Techs 2 Trucks Labor * 7 7 $130.00 $910.00 01/19/24 2 Techs 2 Trucks Labor * 7 7 $130.00 $910.00

01/15/24 ATSSA Certified Flagger (per hour) * 4 4 $80.00 $320.00 01/16/24 ATSSA Certified Flagger (per hour) * 4 4 $80.00 $320.00 01/17/24 ATSSA Certified Flagger (per hour) * 4 4 $80.00 $320.00 01/18/24 ATSSA Certified Flagger (per hour) * 4 4 $80.00 $320.00 01/19/24 ATSSA Certified Flagger (per hour) * 4 4 $80.00 $320.00

Note: The * indicates taxable items. EQUIPMENT RENTAL TOTAL $13,856.50 SALES/ONE-TIME CHARGES $179.50 LABOR TOTAL $9,290.00 Please note; a 5% late payment fee per month will SUBTOTAL $23,326.00 automatically be applied to all amounts not paid on SALES TAX (8.6%) $2,006.04 time. All invoice disputes must be brought to Canyon State Barricades attention within 30 days of date TOTAL CHARGES $25,332.04 of invoice for credits to be given. May be subject to PLEASE PAY THIS AMOUNT $25,332.04 collection and or legal fees.

We appreciate & Value your business!!

*** Job Not Complete ***

AZ UTRACS #19406 Page 2 SBE/DBE/ACDBE #20985037 Thank you for your business ! We appreciate & Value your business! Customer : Dynatek Energy Solutions, Inc. - Job ID: 000733 - Invoice# 00003614 (cont.) Date Description From - To Qty Days Total Qty Price Total ------------------------ LABOR ----------------------- 01/25/24 ATSSA Certified Flagger (per hour) * 4 4 $80.00 $320.00 01/26/24 ATSSA Certified Flagger (per hour) * 4 4 $80.00 $320.00

01/22/24 Off Duty Officer Mesa * 5 5 $120.00 $600.00 01/23/24 Off Duty Officer Mesa * 5 5 $120.00 $600.00 01/24/24 Off Duty Officer Mesa * 5 5 $120.00 $600.00 01/25/24 Off Duty Officer Mesa * 5 5 $120.00 $600.00 01/25/24 Off Duty Officer Mesa * 9 9 $120.00 $1,080.00 01/26/24 Off Duty Officer Mesa * 5 5 $120.00 $600.00 01/26/24 Off Duty Officer Mesa * 5 5 $120.00 $600.00

01/22/24 2 Techs 1 Truck Labor * 4 4 $110.00 $440.00 01/23/24 2 Techs 1 Truck Labor * 2 2 $110.00 $220.00 01/24/24 2 Techs 1 Truck Labor * 2 2 $110.00 $220.00

01/22/24 2 Techs 2 Trucks Labor * 7 7 $130.00 $910.00 01/23/24 2 Techs 2 Trucks Labor * 7 7 $130.00 $910.00 01/24/24 2 Techs 2 Trucks Labor * 7 7 $130.00 $910.00 01/25/24 2 Techs 2 Trucks Labor * 7 7 $130.00 $910.00 01/26/24 2 Techs 2 Trucks Labor * 8 8 $130.00 $1,040.00

01/22/24 ATSSA Certified Flagger (per hour) * 4 4 $80.00 $320.00 01/23/24 ATSSA Certified Flagger (per hour) * 4 4 $80.00 $320.00 01/24/24 ATSSA Certified Flagger (per hour) * 4 4 $80.00 $320.00 01/25/24 ATSSA Certified Flagger (per hour) * 4 4 $80.00 $320.00 01/26/24 ATSSA Certified Flagger (per hour) * 4 4 $80.00 $320.00

Note: The * indicates taxable items. EQUIPMENT RENTAL TOTAL $13,856.50 SALES/ONE-TIME CHARGES $420.00 LABOR TOTAL $13,440.00 Please note; a 5% late payment fee per month will SUBTOTAL $27,716.50 automatically be applied to all amounts not paid on SALES TAX (8.6%) $2,383.62 time. All invoice disputes must be brought to Canyon State Barricades attention within 30 days of date TOTAL CHARGES $30,100.12 of invoice for credits to be given. May be subject to PLEASE PAY THIS AMOUNT $30,100.12 collection and or legal fees.

We appreciate & Value your business!!

*** Job Not Complete ***

AZ UTRACS #19406 Page 2 SBE/DBE/ACDBE #20985037 Thank you for your business ! We appreciate & Value your business! Customer : Dynatek Energy Solutions, Inc. - Job ID: 000733 - Invoice# 00003615 (cont.) Date Description From - To Qty Days Total Qty Price Total ------------------------ LABOR ----------------------- 01/29/24 Off Duty Officer Mesa * 5 5 $120.00 $600.00 01/30/24 Off Duty Officer Mesa * 5 5 $120.00 $600.00 01/31/24 Off Duty Officer Mesa * 5 5 $120.00 $600.00 02/01/24 Off Duty Officer Mesa * 5 5 $120.00 $600.00 02/02/24 Off Duty Officer Mesa * 5 5 $120.00 $600.00

01/29/24 2 Techs 1 Truck Labor * 3 3 $110.00 $330.00 01/30/24 2 Techs 1 Truck Labor * 3 3 $110.00 $330.00 01/31/24 2 Techs 1 Truck Labor * 1 1 $110.00 $110.00 02/01/24 2 Techs 1 Truck Labor * 3.5 3.5 $110.00 $385.00 02/02/24 2 Techs 1 Truck Labor * 4.5 4.5 $110.00 $495.00

01/29/24 2 Techs 2 Trucks Labor * 7 7 $130.00 $910.00 01/30/24 2 Techs 2 Trucks Labor * 7 7 $130.00 $910.00 01/31/24 2 Techs 2 Trucks Labor * 7 7 $130.00 $910.00 02/01/24 2 Techs 2 Trucks Labor * 7 7 $130.00 $910.00 02/02/24 2 Techs 2 Trucks Labor * 7 7 $130.00 $910.00

01/29/24 ATSSA Certified Flagger (per hour) * 4 4 $80.00 $320.00 01/30/24 ATSSA Certified Flagger (per hour) * 4 4 $80.00 $320.00 01/31/24 ATSSA Certified Flagger (per hour) * 4 4 $80.00 $320.00 02/01/24 ATSSA Certified Flagger (per hour) * 4 4 $80.00 $320.00 02/02/24 ATSSA Certified Flagger (per hour) * 4 4 $80.00 $320.00

Note: The * indicates taxable items. EQUIPMENT RENTAL TOTAL $13,856.50 SALES/ONE-TIME CHARGES $300.00 LABOR TOTAL $12,400.00 Please note; a 5% late payment fee per month will SUBTOTAL $26,556.50 automatically be applied to all amounts not paid on SALES TAX (8.6%) $2,283.86 time. All invoice disputes must be brought to Canyon State Barricades attention within 30 days of date TOTAL CHARGES $28,840.36 of invoice for credits to be given. May be subject to PLEASE PAY THIS AMOUNT $28,840.36 collection and or legal fees.

We appreciate & Value your business!!

*** Job Not Complete ***

AZ UTRACS #19406 Page 2 SBE/DBE/ACDBE #20985037 Thank you for your business ! We appreciate & Value your business! Customer : Dynatek Energy Solutions, Inc. - Job ID: 000733 - Invoice# 00003616 (cont.) Date Description From - To Qty Days Total Qty Price Total ------------------------ LABOR ----------------------- 02/09/24 2 Techs 1 Truck Labor * 4 4 $110.00 $440.00 02/09/24 2 Techs 1 Truck Labor * 3 3 $110.00 $330.00

02/05/24 2 Techs 2 Trucks Labor * 3 3 $130.00 $390.00 02/05/24 2 Techs 2 Trucks Labor * 7 7 $130.00 $910.00 02/06/24 2 Techs 2 Trucks Labor * 7 7 $130.00 $910.00 02/07/24 2 Techs 2 Trucks Labor * 3 3 $130.00 $390.00 02/08/24 2 Techs 2 Trucks Labor * 3 3 $130.00 $390.00

02/05/24 ATSSA Certified Flagger (per hour) * 4 4 $80.00 $320.00 02/06/24 ATSSA Certified Flagger (per hour) * 4 4 $80.00 $320.00

Note: The * indicates taxable items. EQUIPMENT RENTAL TOTAL $13,856.50 SALES/ONE-TIME CHARGES $120.00 LABOR TOTAL $7,340.00 Please note; a 5% late payment fee per month will SUBTOTAL $21,316.50 automatically be applied to all amounts not paid on SALES TAX (8.6%) $1,833.22 time. All invoice disputes must be brought to Canyon State Barricades attention within 30 days of date TOTAL CHARGES $23,149.72 of invoice for credits to be given. May be subject to PLEASE PAY THIS AMOUNT $23,149.72 collection and or legal fees.

We appreciate & Value your business!!

*** Job Not Complete ***

AZ UTRACS #19406 Page 2 SBE/DBE/ACDBE #20985037 Thank you for your business ! We appreciate & Value your business! Customer : Dynatek Energy Solutions, Inc. - Job ID: 000733 - Invoice# 00003632 (cont.) Date Description From - To Qty Days Total Qty Price Total ------------------------ LABOR ----------------------- 02/16/24 2 Techs 1 Truck Labor * 3 3 $110.00 $330.00 02/17/24 2 Techs 1 Truck Labor * 13 13 $110.00 $1,430.00 02/18/24 2 Techs 1 Truck Labor * 4 4 $110.00 $440.00

02/12/24 2 Techs 2 Trucks Labor * 14 14 $130.00 $1,820.00 02/12/24 2 Techs 2 Trucks Labor * 14 14 $130.00 $1,820.00 02/13/24 2 Techs 2 Trucks Labor * 14 14 $130.00 $1,820.00 02/13/24 2 Techs 2 Trucks Labor * 6 6 $130.00 $780.00 02/14/24 2 Techs 2 Trucks Labor * 6 6 $130.00 $780.00 02/15/24 2 Techs 2 Trucks Labor * 6 6 $130.00 $780.00 02/16/24 2 Techs 2 Trucks Labor * 3 3 $130.00 $390.00 02/17/24 2 Techs 2 Trucks Labor * 14 14 $130.00 $1,820.00 02/17/24 2 Techs 2 Trucks Labor * 8 8 $130.00 $1,040.00 02/18/24 2 Techs 2 Trucks Labor * 10.5 10.5 $130.00 $1,365.00 02/18/24 2 Techs 2 Trucks Labor * 8 8 $130.00 $1,040.00 02/18/24 2 Techs 2 Trucks Labor * 4 4 $130.00 $520.00

Note: The * indicates taxable items. EQUIPMENT RENTAL TOTAL $13,856.50 SALES/ONE-TIME CHARGES $605.00 LABOR TOTAL $23,555.00 Please note; a 5% late payment fee per month will SUBTOTAL $38,016.50 automatically be applied to all amounts not paid on SALES TAX (8.6%) $3,269.42 time. All invoice disputes must be brought to Canyon State Barricades attention within 30 days of date TOTAL CHARGES $41,285.92 of invoice for credits to be given. May be subject to PLEASE PAY THIS AMOUNT $41,285.92 collection and or legal fees.

We appreciate & Value your business!!

*** Job Complete ***

AZ UTRACS #19406 Page 2 SBE/DBE/ACDBE #20985037 Thank you for your business ! We appreciate & Value your business! Customer : Dynatek Energy Solutions, Inc. - Job ID: 000774 - Invoice# 00003646 (cont.) Date Description From - To Qty Days Total Qty Price Total ------------------------ LABOR ----------------------- 02/14/24 ATSSA Certified Flagger (per hour) * 32 32 $80.00 $2,560.00 02/15/24 ATSSA Certified Flagger (per hour) * 32 32 $80.00 $2,560.00 02/16/24 ATSSA Certified Flagger (per hour) * 4 4 $80.00 $320.00

02/18/24 1 Tech 1 Truck Labor * 12 12 $75.00 $900.00

02/13/24 2 Techs 1 Truck Labor * 11 11 $110.00 $1,210.00 02/14/24 2 Techs 1 Truck Labor * 14 14 $110.00 $1,540.00 02/15/24 2 Techs 1 Truck Labor * 14 14 $110.00 $1,540.00 02/16/24 2 Techs 1 Truck Labor * 4 4 $110.00 $440.00 02/18/24 2 Techs 1 Truck Labor * 14 14 $110.00 $1,540.00

02/12/24 2 Techs 2 Trucks Labor * 12 12 $130.00 $1,560.00 02/13/24 2 Techs 2 Trucks Labor * 14 14 $130.00 $1,820.00 02/18/24 2 Techs 2 Trucks Labor * 16.5 16.5 $130.00 $2,145.00 02/18/24 2 Techs 2 Trucks Labor * 16 16 $130.00 $2,080.00

02/12/24 ATSSA Certified Flagger (per hour) * 48 48 $80.00 $3,840.00 02/13/24 ATSSA Certified Flagger (per hour) * 12 12 $80.00 $960.00 02/14/24 ATSSA Certified Flagger (per hour) * 32 32 $80.00 $2,560.00 02/15/24 ATSSA Certified Flagger (per hour) * 32 32 $80.00 $2,560.00 02/16/24 ATSSA Certified Flagger (per hour) * 4 4 $80.00 $320.00

Note: The * indicates taxable items. EQUIPMENT RENTAL TOTAL $11,886.50 SALES/ONE-TIME CHARGES $732.50 LABOR TOTAL $36,215.00 Please note; a 5% late payment fee per month will SUBTOTAL $48,834.00 automatically be applied to all amounts not paid on SALES TAX (8.6%) $4,199.72 time. All invoice disputes must be brought to Canyon State Barricades attention within 30 days of date TOTAL CHARGES $53,033.72 of invoice for credits to be given. May be subject to PLEASE PAY THIS AMOUNT $53,033.72 collection and or legal fees.

We appreciate & Value your business!!

*** Job Complete ***

AZ UTRACS #19406 Page 2 SBE/DBE/ACDBE #20985037 Thank you for your business ! We appreciate & Value your business! Received 2/28/2024 2/27/2024 ROC Legal

February 27, 2024

Arizona Registrar of Contractors P.O. Box 18244 Phoenix, AZ 85005-8244

Attn: Shaquira Adebule [email redacted] Legal Assistant II Legal Department AZ Registrar of Contractors 602-542-1525

Re: Complaint No. 2024-02072

Dear Shaquira Adebule,

Dynatek Energy Solutions, Inc. has received cited complaint. Please consider the following facts as comprising our response.

1. Dynatek Energy Solutions, Inc. did not ever issue a Purchase Order to Canyon State. Accordingly, there is no form of contract nor order between the two firms for delivery of goods or services by Canyon State.

2. Our customer, Blue Edge – representing Google, the project owner, has never paid Dynatek Energy Solutions, Inc. any money or any other consideration for the purposes or services or goods provided to a project from Canyon State.

3. We have heard that Google has voiced serious issues with Canyon State’s billings, which issues are currently under discussion. Please review the attached copy of a 26 February 2024 e-mail from Blue Edge to Canyon State detailing the problems, including billing irregularities.

4. When Blue Edge Infrastructure, LLC approves and sends Dynatek the money, we will cheerfully and promptly forward the money to Canyon State.

Thank you,

/s/ Philip E A Armstrong

Phillip E. A. Armstrong Vice President [email redacted]

Enclosure

Dynatek Energy Solutions, Inc. P.O. Box 20, Vienna, OH 44473 ~ 330-448-8005 AZ ROC: B-1 (330268), A-17 (346855) Received 2/28/2024 2/27/2024 ROC Legal Received 2/28/2024 2/27/2024 ROC Legal Received 2/28/24, 10:04 AM State of Arizona Mail - AZ RoC Complaint 2024-02072 Dynatek 2/28/2024 2/27/2024 ROC Legal

Legal New Mail - AZROC <[email redacted]>

AZ RoC Complaint 2024-02072 Dynatek messages

Phillip Armstrong <[email redacted]> Tue, Feb 27, 2024 at 1:26 PM To: "[email redacted]" <[email redacted]> Cc: Steve Palac <[email redacted]>

Good afternoon,

Please find attached Dynatek’s response to cited complaint.

If you have any questions, please contact me.

Thank you

Philip Armstrong

Vice-President

P.O. Box 20 Vienna, Oh 44473

O: 330.448.8005 / M: 330.720.5104

[email redacted]

attachments 24-2-27 RoC 2024-02072 Dyna response to AZ RoC ref Canyon state.docx 78K 24-2-27 RoC 2024-02072 Blue Edge D. Pinkham Letter 02.26.24 to Canyon State Barricade - Meeting Request.pdf

https://mail.google.com/mail/b/AEoRXRQ4WY8PIp5g-_kqwHCsVcsYBEvTFWp5tEhX74cv0Ekxqyqe/u/0/?ik=d3afebeda9&view=pt&search=all&permt… 1/2 Received 2/28/24, 10:04 AM State of Arizona Mail - AZ RoC Complaint 2024-02072 Dynatek 2/28/2024 2/27/2024 1326K ROC Legal

24-2-27 Dynatek RoC 2024-02072 CANYON EMAILS FROM BLUE EDGE.zip 2917K

Legal New Mail - AZROC <[email redacted]> Wed, Feb 28, 2024 at 10:04 AM To: Phillip Armstrong <[email redacted]>

Good morning. We cannot acess zip files. Please provide the documents in a pdf.

Thank you,

Arizona Registrar of Contractors Legal Department

Fill out AZ ROC’s survey to let us know how we’re doing and how we can better serve you!

[Quoted text hidden]

https://mail.google.com/mail/b/AEoRXRQ4WY8PIp5g-_kqwHCsVcsYBEvTFWp5tEhX74cv0Ekxqyqe/u/0/?ik=d3afebeda9&view=pt&search=all&permt… 2/2 Received 2/28/2024 ROC Legal

Carly Roman

From: Darin Pinkham Sent: Thursday, January 25, 2024 12:08 PM To: Larry Herrera Cc: Frank Sandoval; Diana Sarmiento; Leland Riley Subject: 147 barricade

Larry

Can you come out to 147, or have Chris come out to make sure Canyon understands what ac vi es are going on today

I drove by and it looked like a shutdown wai ng to happen. I had appointment and couldn’t stop long. Diana and Frank re over there now.

Regards,

Darin Pinkham Blue Edge Infrastructure LLC 12615 S. 182nd Pl Gilbert, AZ 85296

This e-mail contains CONFIDENTIAL information intended only for the use of the addressee(s) named above. If you are not the intended recipient of this e-mail, or the employee or agent responsible for delivering it to the intended recipient, you are hereby notified that any dissemination, distribution or copying of this e-mail is strictly prohibited. If you have received this e-mail in error, please immediately notify us by telephone at (480) 544-0772 or forward the e-mail message to us at [email redacted] and advise us that you have deleted it. Thank you.

Received 2/28/2024 ROC Legal Received 2/28/2024 ROC Legal

Carly Roman

From: Darin Pinkham Sent: Wednesday, December 20, 2023 12:46 PM To: Larry Herrera; Frank Sandoval Cc: Annette Preston De Laurentis; Diana Sarmiento Subject: 147 barricades. Attachments: Screenshot_20231220-104130.png

Larry see attached.

Please get this dialed in.

The dates should match the permit but not any longer than a 2 week duration. This was discussed.

We have to spend less time on barricades and more time on everything else. It's become everything we do and react to.

Darin Pinkham Blue Edge 480-544-0772

Thank You

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Received 2/28/2024 ROC Legal

Carly Roman

From: Darin Pinkham Sent: Tuesday, January 30, 2024 12:51 PM To: Larry Herrera Cc: Diana Sarmiento; Frank Sandoval Subject: FW: WEEKLY TRAFFIC CONTROL AUDIT

We asked yesterday for the dates to be updated

Diana and myself changed the ones where we were working to avoid a shutdown

Thank you,

Darin Pinkham 480-544-0772

From: Carlos Gonzalez <[email redacted]> Sent: Tuesday, January 30, 2024 9:58 AM To: Darin Pinkham <[email redacted]> Cc: Ethan Barlow <[email redacted]>; Ben Webb <[email redacted]>; Diana Sarmiento <[email redacted]>; Annette Preston De Laurentis <[email redacted]>; Frank Sandoval <[email redacted]>; Leland Riley <[email redacted]> Subject: Re: WEEKLY TRAFFIC CONTROL AUDIT

Good morning everyone,

Please see note from traffic controls audit for this week. Some items need immediate attention...

PHX103b-N106 - All good All signs have been removed and only signs on site are for TCP set ups, they are behind sidewalk and well organized.

PHX103g-N147

7th ave -Not correct dates: All of them -Signs/"no parking" on sidewalk: X1 (taken care of already)

6th dr, 6th ave, -Not correct dates: All of them

Vine ave -Not correct dates: All of them -Signs/"no parking" on sidewalk: X1 (taken care of already) Received 2/28/2024 ROC Legal

W Crescent ave -Any traffic control issues that C.O.M. may call out: there is one "No parking sign in the middle of the street as a vertical panel (removed already and placed on Extension rd).

S Date -Not correct dates: X6 -Any traffic control issues that C.O.M. may call out: X1 broken light with sharp edges (S Date and 6th Ave "east side on S Date).

Please have traffic control to update dates on "No parking" signs as work is being performed on some streets with expired dates.

Thank you!

On Tue, Jan 23, 2024 at 10:37 AM Darin Pinkham <[email redacted]> wrote:

Thank you Charlie. There shouldn’t be any reason why any debris was left, and we will address immediately why it was overlooked. Thank you

We’ll get hose dates changed too, ahead of time as suggested

Thank you,

Darin Pinkham

480-544-0772

From: Carlos Gonzalez <[email redacted]> Sent: Tuesday, January 23, 2024 10:27 AM To: Darin Pinkham <[email redacted]> Cc: Ethan Barlow <[email redacted]>; Ben Webb <[email redacted]>; Diana Sarmiento <[email redacted]>; Annette Preston De Laurentis <[email redacted]>; Frank Sandoval <[email redacted]>; Leland Riley <[email redacted]> Subject: Re: WEEKLY TRAFFIC CONTROL AUDIT

Received 2/28/2024 ROC Legal Good morning everyone,

Traffic control audits for this week are flawless!, thank you for keeping up the good work!

All overnight and TCP set up signs on both sites PHX103g-N147 and PHX103b-N106 are in compliance with CoM codes.

My only recommendation is to update dates on overnight signs as they will expire on Friday 01/26 and it might be easy to forget about it and bring issues next week.

Also please keep an eye on debris left on site that can lead to a potential trip hazard, I found some chunks of asphalt from cores on 6th dr (g-N147), if for any reason you don't have the ability to pick them up just put them behind sidewalk temporarily to keep them away from pedestrian traffic.

On Tue, Jan 16, 2024 at 11:34 AM Carlos Gonzalez <[email redacted]> wrote:

Good morning everyone,

Please see the traffic Control Audit report below...

PHX103b-N106 - same as last week... all signs have been removed and only signs on site belong to CoM for the street light project and pipeline project on Dobson.

PHX103g-N147 - It is all good, I found some minor issues but most of them have been corrected.

-Not correct dates: X1 S. Date and 6th ave (taken care of already) -Signs/"no parking" on sidewalk: X1 (7th ave, taken care of already) -Any traffic control issues that C.O.M. may call out: X2 broken lights with sharp edges... 1)S Date and 6th Ave "east side on S Date", 2)428 S Date.

Thank you!

On Tue, Jan 9, 2024 at 2:20 PM Darin Pinkham <[email redacted]> wrote:

Received 2/28/2024 ROC Legal Thanks Charlie

We will remove that “Saturday” from the NP’s on Vine.

We’re always looking for No Parks placed on the sidewalk, which as you now, 9 out of 10 times, placed there by the residents from the night before. Thanks for spotting those two this am.

Thank you,

Darin Pinkham

480-544-0772

From: Carlos Gonzalez <[email redacted]> Sent: Tuesday, January 9, 2024 10:56 AM To: Ethan Barlow <[email redacted]> Cc: Ben Webb <[email redacted]>; Diana Sarmiento <[email redacted]>; Annette Preston De Laurentis <[email redacted]>; Darin Pinkham <[email redacted]>; Frank Sandoval <[email redacted]>; Leland Riley <[email redacted]> Subject: Re: WEEKLY TRAFFIC CONTROL AUDIT

Good morning everyones please see results for traffic control audits for this week, these are the items we are looking for during the audit...

-Not correct dates:

-No lights on "no parking" signs: -Signs/"no parking" on sidewalk: Received 2/28/2024 ROC Legal -Safety issues with cores: -Proper wording (Mon-Fri/Excluding weekends and holidays): -Missing reflective backing: -Any traffic control issues that C.O.M. may call out:

PHX103b-N106 - It's all good, all signs have been removed and only signs on site belong to CoM for the street light project and pipeline project on Dobson.

PHX103g-N147 - It is all good,

6th ave

-Signs/"no parking" on sidewalk: X2 (taken care of already)

note: please make sure wording is updated prior to doing weekend work and after, some signs on 6th dr and 6th ave still have "Saturday" on them.

On Tue, Jan 2, 2024 at 7:49 AM Carlos Gonzalez <[email redacted]> wrote:

Will do, thanks for the heads up.

On Tue, Jan 2, 2024 at 7:20 AM Ethan Barlow <[email redacted]> wrote:

Charlie, please use this thread going forward for traffic control audits.

Ethan Barlow

SRI Telecom

Lead OSP Construction Manager

801.209.8120

Received 2/28/2024 ROC Legal Thank You!

Charlie

SRI Telecom/Google fiber project

OSP Construction Manager

915-999-3845

[email redacted]

CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe

Received 2/28/2024 ROC Legal

9/11 6am -6pm

9/28 6am -6pm

MON-SAT. EXCL. Holidays Received 2/28/2024 ROC Legal Received 2/28/2024 ROC Legal Received 2/28/2024 ROC Legal Received 2/28/2024 ROC Legal Received 2/28/2024 ROC Legal

Carly Roman

From: Darin Pinkham Sent: Monday, December 4, 2023 4:02 PM To: Larry Herrera Cc: Frank Sandoval; Leland Riley Subject: Fwd: FYI info - City of Mesa Attachments: Screenshot 2023-09-11 125204.pdf; PAMPLET FROM MESA TRAFFIC CONTROL.pdf

Follow Up Flag: Flag for follow up Flag Status: Flagged

Hi Larry

I was at 147 and noticed you only have NO PARKS on the north side of the streets. We have to have no parks on south side of the streets too so nobody parks on either side of street to maintain the 20' when we have a lane closure. Also, the verbiage needs to match what I attached and sent out. It needs to say except weekend and holidays

Can you add the south side NO PARKS and correct verbiage

Thanks

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From: Darin Pinkham Sent: Monday, November 20, 2023 10:20:16 AM To: [email redacted] <[email redacted]> Cc: Frank Sandoval <[email redacted]>; Leland Riley <[email redacted]>; [email redacted] <[email redacted]>; Anthony Palac <[email redacted]> Subject: FYI info - City of Mesa

Hi Larry

Do you plan on using vertical panels for our next , your first project with us?

I like the idea of using the 28” cones instead.

Jerrod with the city of Mesa commented to us once that the vertical panels are not required.

Southwest Barricade always used those though.

If we can use 28” cones I think it looks less-intrusive and picked up easier.

Just wanted to make sure you had the attached as well:

 1st attachment is the decal /signage for “No Parks”

Received 2/28/2024 ROC Legal  2nd attachment is what the City handed out to us to make sure we knew the local requirements above any national /state traffic standards.

Regards,

Darin Pinkham Blue Edge Infrastructure LLC 12615 S. 182nd Pl Gilbert, AZ 85296

Received 2/28/2024 ROC Legal

Carly Roman

From: Darin Pinkham Sent: Monday, January 15, 2024 2:35 PM To: Larry Herrera; Efrain Ruiz; Accounting; Amber Managhan Cc: Annette Preston De Laurentis; Frank Sandoval; Leland Riley; Diana Sarmiento; Kristi King Subject: RE: 147 INVOICING

Larry,

Do you have Crown’s invoices for Dec & Jan to date ?

Thank you,

Darin Pinkham 480-544-0772

From: Larry Herrera <[email redacted]> Sent: Monday, January 15, 2024 12:08 PM To: Efrain Ruiz <[email redacted]>; Darin Pinkham <[email redacted]>; Accounting <[email redacted]>; Amber Managhan <[email redacted]> Cc: Annette Preston De Laurentis <[email redacted]>; Frank Sandoval <[email redacted]>; Leland Riley <[email redacted]>; Diana Sarmiento <[email redacted]>; Kristi King <[email redacted]> Subject: RE: 147 INVOICING

Good morning/a ernoon- please see December invoices for N147. thx

We are here to help in any way we can, please do not hesitate to call /text or reply so we May assist you, Thanks in advance for your time!!

Larry Herrera Traffic Engineering-Estimator Canyon State Barricade Service LLC -ATSSA Certified #459795 ROC#338321 AZUTRACS #19406 SBE/DBE/ACDBE #20985037 Statewide Offices in Lakeside/Show Low- Casa Grande- Surprise-Phoenix M: 602.725.7488 O: 602.795.8821

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Received 2/28/2024 ROC Legal CONFIDENTIALITY NOTICEThis electronic mail message, along with any attached files, contains information intended for the exclusive use of the individual to whom it is directed, which is confidential, proprietary, privileged and/or exempt from disclosure under applicable law. If you are not the intended recipient, you are hereby notified that any disclosure, copying, distribution, or use of this information is strictly prohibited, and may be subject to legal sanctions and/or penalties. If you received this transmission in error, please immediately contact the sender and destroy this message, along with all attachments, in its entirety, without saving any copies. THANK YOU FOR YOUR COOPERATION

From: Efrain Ruiz <[email redacted]> Sent: Monday, January 15, 2024 8:48 AM To: Larry Herrera <[email redacted]>; Darin Pinkham <[email redacted]>; Accounting <[email redacted]>; Amber Managhan <[email redacted]> Cc: Annette Preston De Laurentis <[email redacted]>; Frank Sandoval <[email redacted]>; Leland Riley <[email redacted]>; Diana Sarmiento <[email redacted]>; Kristi King <[email redacted]> Subject: RE: 147 INVOICING

Hey Larry!

Just to conﬁrm we do have Dynatek’s December invoices.

Thank you,

Efrain Ruiz Aguilar Project Controls Manager Blue Edge Infrastructure, LLC [email redacted]

From: Larry Herrera <[email redacted]> Sent: Thursday, January 11, 2024 10:04 PM To: Darin Pinkham <[email redacted]>; Accounting <[email redacted]>; Amber Managhan <[email redacted]> Cc: Annette Preston De Laurentis <[email redacted]>; Frank Sandoval <[email redacted]>; Leland Riley <[email redacted]>; Diana Sarmiento <[email redacted]>; Kristi King <[email redacted]>; Efrain Ruiz <[email redacted]> Subject: RE: 147 INVOICING

Will do. Have you received Decembers? The went to a Carly, you should have those.

Crown never set up an account, we sent them the applica on.

We invoice weekly to minimize discrepancies, Also CSB locks accounts a er 75 days of past due invoices & non-payment then goes to COD Terms, keep an eye on that. Reach out to Amber or Anissa in Accoun ng (cc’d) for billing inquiries.

We are here to help in any way we can, please do not hesitate to call /text or reply so we May assist you, Thanks in advance for your time!!

Larry Herrera Traffic Engineering-Estimator

Received 2/28/2024 ROC Legal Canyon State Barricade Service LLC -ATSSA Certified #459795 ROC#338321 AZUTRACS #19406 SBE/DBE/ACDBE #20985037 Statewide Offices in Lakeside/Show Low- Casa Grande- Surprise-Phoenix M: 602.725.7488 O: 602.795.8821

Connect with us online & social media!

CONFIDENTIALITY NOTICEThis electronic mail message, along with any attached files, contains information intended for the exclusive use of the individual to whom it is directed, which is confidential, proprietary, privileged and/or exempt from disclosure under applicable law. If you are not the intended recipient, you are hereby notified that any disclosure, copying, distribution, or use of this information is strictly prohibited, and may be subject to legal sanctions and/or penalties. If you received this transmission in error, please immediately contact the sender and destroy this message, along with all attachments, in its entirety, without saving any copies. THANK YOU FOR YOUR COOPERATION

From: Darin Pinkham <[email redacted]> Sent: Tuesday, January 9, 2024 4:52 PM To: Larry Herrera <[email redacted]> Cc: Annette Preston De Laurentis <[email redacted]>; Frank Sandoval <[email redacted]>; Leland Riley <[email redacted]>; Diana Sarmiento <[email redacted]>; Kristi King <[email redacted]>; Efrain Ruiz <[email redacted]> Subject: 147 INVOICING

Larry,

When you invoice Crown and Dynatek for barricade rental / TCP plans for 147, please copy Blue Edge Team

Please invoice monthly at a minimum so we can review and invoice Google.

Payment will come from Dynatek and Crown since they’re the account holders.

Blue Edge needs to work with Google on what is pass-thru and what is not and we’ll advise Dynatek and Crown what they’ll owe

Please call with any ques ons.

Regards,

Darin Pinkham Blue Edge Infrastructure LLC 12615 S. 182nd Pl Gilbert, AZ 85296

Received 2/28/2024 ROC Legal This e-mail contains CONFIDENTIAL information intended only for the use of the addressee(s) named above. If you are not the intended recipient of this e-mail, or the employee or agent responsible for delivering it to the intended recipient, you are hereby notified that any dissemination, distribution or copying of this e-mail is strictly prohibited. If you have received this e-mail in error, please immediately notify us by telephone at (480) 544-0772 or forward the e-mail message to us at [email redacted] and advise us that you have deleted it. Thank you.

REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA

Case No. 2024-02072 Canyon State Barricade Service LLC,

COMPLAINANT, v. CITATION Dynatek Energy Solutions Inc License No. ROC 330268,

RESPONDENT.

The Registrar issues this Citation to Dynatek Energy Solutions Inc (“Respondent”) under A.R.S. § 32-1155(A). If Respondent fails to answer this Citation by April 5, 2024, then under A.R.S. § 32-1155(C), Respondent’s failure to answer may be deemed an admission of the act or acts charged in the underlying complaint, and the Registrar may then suspend or revoke Respondent’s license(s). THE WRITTEN COMPLAINT On February 20, 2024, Canyon State Barricade Service LLC (“Complainant”) filed a written complaint with the Registrar. A copy of that Complaint is attached to this Citation. A FORMAL STATEMENT OF THE CHARGES AGAINST RESPONDENT The Registrar investigated this matter and finds cause to charge Respondent with violation(s) of Title 32, Chapter 10 of the Arizona Revised Statutes. Respondent is charged with violating: Charge :1 A.R.S. § 32-1154(A)(10) — Failure by a licensee or agent or official of a licensee to pay monies in excess of $750 when due for materials or services rendered in connection with the licensee's operations

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1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov Lg101 8/21 as a contractor unless the licensee proves that the licensee lacks the capacity to pay and has not received sufficient monies as payment for the particular construction work project or operation for which the services or materials were rendered or purchased. If the matter proceeds to a hearing and the administrative law judge determines that any of the charges listed above are supported by a preponderance of the evidence, then Respondent’s license(s) may be subject to suspension or revocation, and Respondent may be subject to other penalties provided by law, including civil penalties under A.R.S. §§ 32-1154(E) and (F). FILING A WRITTEN ANSWER Respondent must appear by filing with the Registrar a written answer to the citation and complaint showing cause, if any, why Respondent’s license(s) should not be suspended or revoked. A.R.S. § 32-1155(A). Respondent’s written answer should contain the heading “Written Answer to Citation and Complaint” and should include the case number, which is Case No. 2024-02072. How to File a Written Answer: Respondent’s written answer may be submitted in the following ways: In-Person: 1700 W. Washington St., Ste. 105, Phoenix, Arizona, 85007-2812 Mail: P.O. Box 18244, Phoenix, Arizona, 85005-8244 Email: [email redacted] The Registrar’s normal office hours are 8:00 a.m. to 5:00 p.m., Monday through Friday. If Respondent submits a written answer by mail, it is not filed with the Registrar until the Registrar actually receives it. Deadline for Filing a Written Answer: Respondent must file a written answer with the Registrar no later than April 5, 2024. This deadline is calculated under A.R.S. §§ 32-1155(A) and (B), which provides a

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

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1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov Lg101 8/21 inadmissible in the administrative hearing. A.R.S. § 41-1092.06(B). RESPONDENT’S PRIOR RECORD Under A.A.C. R4-9-117, in determining the appropriate discipline, the administrative law judge and the Registrar may consider not only facts in the current case, but also facts in prior cases and any documents regarding Respondent on file with the Registrar. Respondent’s prior disciplinary record and current license(s) status may be considered as a mitigating or aggravating factor in determining the appropriate discipline. EVIDENTIARY DISCLAIMER By issuing this Citation, the Registrar is directing Respondent to file a written answer to the Citation and Complaint, showing cause, if any, why Respondent’s license(s) should not be suspended or revoked. A.R.S. § 32-1155(A). This Citation does not constitute proof that any charge or allegation in Complainant’s written complaint is in fact true. This Citation does not constitute proof that Respondent violated any statutory provision or rule adopted by the Registrar. Dated March 21, 2024. By: /s/ Margaret Lindsey Margaret Lindsey Assistant General Counsel Legal Department Arizona Registrar of Contractors

COPY of the foregoing mailed by Certified Mail, Return Receipt Requested, March 21, 2024 to:

Respondent Certified Mail No: [number redacted] Dynatek Energy Solutions Inc PO Box 20 Vienna, OH 44473

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1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov Lg101 8/21 Copy mailed by USPS First Class mail this same date to:

Respondent Dynatek Energy Solutions Inc PO Box 20 Vienna, OH 44473

Complainant Canyon State Barricade Service LLC 3745 W Lupine Ave Maricopa, AZ 85029

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. 2024-02072 / SA

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1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov Lg101 8/21 CONTINUING AGREEMENT BETWEEN CONTRACTOR AND SUBCONTRACTOR

4. The Sub-Contractor assumes responsibility for his sub-contractors and is bound by this agreement to require these same minimum insurance coverages from his sub-contractors.

5. Waiver of Subrogation in favor of General Contractor shall apply to Workers Compensation coverages, and must be so stated on the Certificate of Insurance.

Business Automobile Liability Combined Single Limit Liability: $1,000,000. Coverage to include all Owned, Non-owned & Hired vehicles, Uninsured & Underinsured Motorists.

Dynatek Energy Solutions, Inc.

November 2023

Canyon State Barricades LLC 602-795-8821 28264 N. 166th Ave. Surprise, AZ 85387

Attn: Larry Herrera Traffic Engineering

Ref: Letter of Intent to Retain Canyon State Barricades Services For Traffic Control as Required by City of Mesa for Google Fiber Optic Infrastructure Install in Streets

Dear Larry,

It is the intent of Dynatek to retain your firm’s services as stated above. This project consists of many segments corresponding to the system requirements of Google.

You will send the necessary traffic control permit application to the City of Mesa and secure its approval.

Please provide us your project insurance certs and W-9 as soon as you can.

Thank you

Philip Armstrong Vice-President

M: 330.720.5104

To: Dynatek Energy Solutions, Inc. P.O. Box 20 Vienna, OH 44473

Amount Due Amount Enc. $295,232.69

Date Transaction Amount Balance

1-30 DAYS PAST 31-60 DAYS PAST 61-90 DAYS PAST OVER 90 DAYS CURRENT Amount Due DUE DUE DUE PAST DUE

------------------------ LABOR ----------------------- 11/27/23 1 Tech 1 Truck Labor * 4.5 4.5 $75.00 $337.50

We appreciate & Value your business!!

*** Job Not Complete ***

------------------------ LABOR ----------------------- 01/06/24 ATSSA Certified Flagger (per hour) * 3 3 $80.00 $240.00

01/06/24 ATSSA Certified Flagger (per hour) * 3 3 $80.00 $240.00

We appreciate & Value your business!!

*** Job Not Complete ***

We appreciate & Value your business!!

*** Job Not Complete ***

AZ UTRACS #19406 Page 2 SBE/DBE/ACDBE #20985037 Thank you for your business ! We appreciate & Value your business! Customer : Dynatek Energy Solutions, Inc. - Job ID: 000733 - Invoice# 00003613 (cont.) Date Description From - To Qty Days Total Qty Price Total ------------------------ LABOR ----------------------- 01/16/24 2 Techs 1 Truck Labor * 2 2 $110.00 $220.00 01/17/24 2 Techs 1 Truck Labor * 2 2 $110.00 $220.00 01/18/24 2 Techs 1 Truck Labor * 2 2 $110.00 $220.00 01/19/24 2 Techs 1 Truck Labor * 2 2 $110.00 $220.00

We appreciate & Value your business!!

*** Job Not Complete ***

AZ UTRACS #19406 Page 2 SBE/DBE/ACDBE #20985037 Thank you for your business ! We appreciate & Value your business! Customer : Dynatek Energy Solutions, Inc. - Job ID: 000733 - Invoice# 00003614 (cont.) Date Description From - To Qty Days Total Qty Price Total ------------------------ LABOR ----------------------- 01/25/24 ATSSA Certified Flagger (per hour) * 4 4 $80.00 $320.00 01/26/24 ATSSA Certified Flagger (per hour) * 4 4 $80.00 $320.00

01/22/24 2 Techs 1 Truck Labor * 4 4 $110.00 $440.00 01/23/24 2 Techs 1 Truck Labor * 2 2 $110.00 $220.00 01/24/24 2 Techs 1 Truck Labor * 2 2 $110.00 $220.00

We appreciate & Value your business!!

*** Job Not Complete ***

AZ UTRACS #19406 Page 2 SBE/DBE/ACDBE #20985037 Thank you for your business ! We appreciate & Value your business! Customer : Dynatek Energy Solutions, Inc. - Job ID: 000733 - Invoice# 00003615 (cont.) Date Description From - To Qty Days Total Qty Price Total ------------------------ LABOR ----------------------- 01/29/24 Off Duty Officer Mesa * 5 5 $120.00 $600.00 01/30/24 Off Duty Officer Mesa * 5 5 $120.00 $600.00 01/31/24 Off Duty Officer Mesa * 5 5 $120.00 $600.00 02/01/24 Off Duty Officer Mesa * 5 5 $120.00 $600.00 02/02/24 Off Duty Officer Mesa * 5 5 $120.00 $600.00

We appreciate & Value your business!!

*** Job Not Complete ***

AZ UTRACS #19406 Page 2 SBE/DBE/ACDBE #20985037 Thank you for your business ! We appreciate & Value your business! Customer : Dynatek Energy Solutions, Inc. - Job ID: 000733 - Invoice# 00003616 (cont.) Date Description From - To Qty Days Total Qty Price Total ------------------------ LABOR ----------------------- 02/09/24 2 Techs 1 Truck Labor * 4 4 $110.00 $440.00 02/09/24 2 Techs 1 Truck Labor * 3 3 $110.00 $330.00

02/05/24 ATSSA Certified Flagger (per hour) * 4 4 $80.00 $320.00 02/06/24 ATSSA Certified Flagger (per hour) * 4 4 $80.00 $320.00

We appreciate & Value your business!!

*** Job Not Complete ***

AZ UTRACS #19406 Page 2 SBE/DBE/ACDBE #20985037 Thank you for your business ! We appreciate & Value your business! Customer : Dynatek Energy Solutions, Inc. - Job ID: 000733 - Invoice# 00003632 (cont.) Date Description From - To Qty Days Total Qty Price Total ------------------------ LABOR ----------------------- 02/16/24 2 Techs 1 Truck Labor * 3 3 $110.00 $330.00 02/17/24 2 Techs 1 Truck Labor * 13 13 $110.00 $1,430.00 02/18/24 2 Techs 1 Truck Labor * 4 4 $110.00 $440.00

We appreciate & Value your business!!

*** Job Complete ***

02/18/24 1 Tech 1 Truck Labor * 12 12 $75.00 $900.00

We appreciate & Value your business!!

*** Job Complete ***

AZ UTRACS #19406 Page 2 SBE/DBE/ACDBE #20985037 Thank you for your business ! We appreciate & Value your business! Received 4/04/2024 ROC Legal

April 4, 2024

Arizona Registrar of Contractors P.O. Box 18244 Phoenix, AZ 85005-8244

Attn: Margaret Lindsey Assistant General Counsel Legal Department Arizona Registrar of Contractors

Re: Citation – Case No. 2024-02072

Dear Ms. Lindsey

Dynatek Energy Solutions, Inc. ("Dynatek") hereby submits its response to the complaint lodged by Canyon State Barricade Service, LLC, Case No. 2024-02072.

Dynatek availed itself of various traffic control services offered by Canyon State Services, LLC from November 27, 2023, to February 16, 2024, at which juncture Dynatek terminated its contract with Canyon State Services, LLC for justifiable cause. Dynatek suffered losses due to crew downtimes stemming from City of Mesa shutdowns attributable to improper equipment setup. (See Attachment A - re: Mesa warnings and citation resulting in days and/or weekly shutdowns)

On or about February 11th, 2024, Dynatek received a statement of account for services rendered on Google site PHX103g-N147. This statement encompasses services provided from December 25, 2023, to January 21, 2024, amounting to $227,704.14. It came to our attention that Canyon State Services, LLC erroneously included invoices from a different contractor on Dynatek's statement of account. Crown Fiber Optics, another licensed contractor in Arizona, also engaged Canyon State Services for work at the same site in support of Google. However, Crown Fiber Optics did not operate under Dynatek's auspices. Canyon State Services erroneously assumed their work was on Dynatek's behalf. It is crucial to underline that Dynatek never authorized Crown Fiber Optics to bill services to our account.

Upon scrutinizing the accuracy of the statements, discrepancies in charges were noted. Consequently, Dynatek requested Canyon State Services, LLC to delineate which portion of

Dynatek Energy Solutions, Inc. P.O. Box 20, Vienna, OH 44473 ~ 330-448-8005 AZ ROC: B-1 (330268), A-17 (346855) Received 4/04/2024 the statement was Dynatek's responsibility and which was Crown's. To our surprise, Canyon ROC Legal State Services, LLC augmented the billed amounts from $227,704.14 to $444 ,1 92.80. Numerous attempts to engage Larry Herrera for discussion were futile; Mr. Herrera displayed a lack of cooperation. It must be emphasized that traffic control charges constitute pass-through expenses to Google. While we do not contest the necessity of settling bills, it remains our obligation to scrutinize charges for accuracy before submission for payment. Not only are the invoices inconsistent, but a substantial portion of the charges is also disputable. Mr. Hen-era's conduct appears malicious, and he failed to furnish original documentation validating their invoices for submission to the customer for approval and payment. (See attachment BJ

In light of Canyon State Services, LLC's actions, Dynatek commenced monitoring their services at another Google site, PHX117a-N1 06. Dynatek engaged the services of an engineer residing in Maricopa County, Diana Sarmiento, alongside our project managers, to scrutinize their billings. Ms. Sarmiento interacted with Canyon State personnel on a daily basis to verify product quantities and services rendered. Documentation of these interactions and associated invoices is attached herewith. (See attachment CJ

Invoice No. 0000364 6 highlights an overcharge of $22,233.18. Notably, this invoice was issued by Canyon State Services, LLC subsequent to their termination. Given this pattern, along with the escalation of charges, Dynatek deemed it necessary to review all invoices dating back to November 2023. Following a thorough review, Dynatek attempted to amicably resolve the matter with Canyon State Services, LLC, offering $295, 000 to settle all invoices pertaining to PHX1 03g-Nl47. Canyon State Services, LLC has neither accepted nor rejected this offer. Upon acceptance of this offer for the aforementioned site (Nl47), we can promptly submit the invoice to the customer for payment within 7 business days. (See attachment DJ

In regard to Google site PHX l l7a-Nl 06 , Dynatek will remit payment for invoices reflecting the necessary deductions as indicated on Invoice No. 0000364 6 , enclosed herewith.

Should this matter persist without resolution, Dynatek intends to utilize any and all legal means necessary to hold Canyon State Services accountable. This includes conducting a thorough forensic examination, which will entail obtaining itemized timesheets for every employee who provided services, subcontractor names along with their invoices, and comprehensive details regarding the type and license of each vehicle utilized or charged, as well as the individuals operating them.

Sincerely,

-4-�}4 Stephen J. Palac Jr. President

Dynatek Energy Solutions, Inc. P.O. Box 20, Vienna, OH 44473 ~ 330-448-8005 AZ ROC: B-1 (330268), A-17 (346855) Received Attachment A 4/04/2024 ROC Legal Received 4/04/2024 ROC Legal Received 4/04/2024 ROC Legal Received 4/04/2024 ROC Legal Received 4/04/2024 ROC Legal Received 4/04/2024 ROC Legal Received 4/04/2024 ROC Legal Received 4/04/2024 ROC Legal Received 4/04/2024 ROC Legal

Carly Roman

From: Darin Pinkham Sent: Thursday, January 25, 2024 12:08 PM To: Larry Herrera Cc: Frank Sandoval; Diana Sarmiento; Leland Riley Subject: 147 barricade

Larry

Can you come out to 147, or have Chris come out to make sure Canyon understands what ac vi es are going on today

I drove by and it looked like a shutdown wai ng to happen. I had appointment and couldn’t stop long. Diana and Frank re over there now.

Regards,

Darin Pinkham Blue Edge Infrastructure LLC 12615 S. 182nd Pl Gilbert, AZ 85296

Received 4/04/2024 ROC Legal Received 4/04/2024 ROC Legal

Carly Roman

Larry see attached.

Please get this dialed in.

The dates should match the permit but not any longer than a 2 week duration. This was discussed.

We have to spend less time on barricades and more time on everything else. It's become everything we do and react to.

Darin Pinkham Blue Edge 480-544-0772

Thank You

Outlook for Android

Received 4/04/2024 ROC Legal

Carly Roman

From: Darin Pinkham Sent: Tuesday, January 30, 2024 12:51 PM To: Larry Herrera Cc: Diana Sarmiento; Frank Sandoval Subject: FW: WEEKLY TRAFFIC CONTROL AUDIT

We asked yesterday for the dates to be updated

Diana and myself changed the ones where we were working to avoid a shutdown

Thank you,

Darin Pinkham 480-544-0772

Good morning everyone,

Please see note from traffic controls audit for this week. Some items need immediate attention...

PHX103b-N106 - All good All signs have been removed and only signs on site are for TCP set ups, they are behind sidewalk and well organized.

PHX103g-N147

7th ave -Not correct dates: All of them -Signs/"no parking" on sidewalk: X1 (taken care of already)

6th dr, 6th ave, -Not correct dates: All of them

Vine ave -Not correct dates: All of them -Signs/"no parking" on sidewalk: X1 (taken care of already) Received 4/04/2024 ROC Legal

W Crescent ave -Any traffic control issues that C.O.M. may call out: there is one "No parking sign in the middle of the street as a vertical panel (removed already and placed on Extension rd).

S Date -Not correct dates: X6 -Any traffic control issues that C.O.M. may call out: X1 broken light with sharp edges (S Date and 6th Ave "east side on S Date).

Please have traffic control to update dates on "No parking" signs as work is being performed on some streets with expired dates.

Thank you!

On Tue, Jan 23, 2024 at 10:37 AM Darin Pinkham <[email redacted]> wrote:

Thank you Charlie. There shouldn’t be any reason why any debris was left, and we will address immediately why it was overlooked. Thank you

We’ll get hose dates changed too, ahead of time as suggested

Thank you,

Darin Pinkham

480-544-0772

Received 4/04/2024 ROC Legal Good morning everyone,

Traffic control audits for this week are flawless!, thank you for keeping up the good work!

All overnight and TCP set up signs on both sites PHX103g-N147 and PHX103b-N106 are in compliance with CoM codes.

My only recommendation is to update dates on overnight signs as they will expire on Friday 01/26 and it might be easy to forget about it and bring issues next week.

On Tue, Jan 16, 2024 at 11:34 AM Carlos Gonzalez <[email redacted]> wrote:

Good morning everyone,

Please see the traffic Control Audit report below...

PHX103b-N106 - same as last week... all signs have been removed and only signs on site belong to CoM for the street light project and pipeline project on Dobson.

PHX103g-N147 - It is all good, I found some minor issues but most of them have been corrected.

Thank you!

On Tue, Jan 9, 2024 at 2:20 PM Darin Pinkham <[email redacted]> wrote:

Received 4/04/2024 ROC Legal Thanks Charlie

We will remove that “Saturday” from the NP’s on Vine.

We’re always looking for No Parks placed on the sidewalk, which as you now, 9 out of 10 times, placed there by the residents from the night before. Thanks for spotting those two this am.

Thank you,

Darin Pinkham

480-544-0772

Good morning everyones please see results for traffic control audits for this week, these are the items we are looking for during the audit...

-Not correct dates:

-No lights on "no parking" signs: -Signs/"no parking" on sidewalk: Received 4/04/2024 ROC Legal -Safety issues with cores: -Proper wording (Mon-Fri/Excluding weekends and holidays): -Missing reflective backing: -Any traffic control issues that C.O.M. may call out:

PHX103b-N106 - It's all good, all signs have been removed and only signs on site belong to CoM for the street light project and pipeline project on Dobson.

PHX103g-N147 - It is all good,

6th ave

-Signs/"no parking" on sidewalk: X2 (taken care of already)

note: please make sure wording is updated prior to doing weekend work and after, some signs on 6th dr and 6th ave still have "Saturday" on them.

On Tue, Jan 2, 2024 at 7:49 AM Carlos Gonzalez <[email redacted]> wrote:

Will do, thanks for the heads up.

On Tue, Jan 2, 2024 at 7:20 AM Ethan Barlow <[email redacted]> wrote:

Charlie, please use this thread going forward for traffic control audits.

Ethan Barlow

SRI Telecom

Lead OSP Construction Manager

801.209.8120

Received 4/04/2024 ROC Legal Thank You!

Charlie

SRI Telecom/Google fiber project

OSP Construction Manager

915-999-3845

[email redacted]

CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe

Received 4/04/2024 ROC Legal

9/11 6am -6pm

9/28 6am -6pm

MON-SAT. EXCL. Holidays Received 4/04/2024 ROC Legal Received 4/04/2024 ROC Legal Received 4/04/2024 ROC Legal Received 4/04/2024 ROC Legal Received 4/04/2024 ROC Legal

Carly Roman

Follow Up Flag: Flag for follow up Flag Status: Flagged

Hi Larry

Can you add the south side NO PARKS and correct verbiage

Thanks

Get Outlook for iOS

Hi Larry

Do you plan on using vertical panels for our next , your first project with us?

I like the idea of using the 28” cones instead.

Jerrod with the city of Mesa commented to us once that the vertical panels are not required.

Southwest Barricade always used those though.

If we can use 28” cones I think it looks less-intrusive and picked up easier.

Just wanted to make sure you had the attached as well:

 1st attachment is the decal /signage for “No Parks”

Received 4/04/2024 ROC Legal  2nd attachment is what the City handed out to us to make sure we knew the local requirements above any national /state traffic standards.

Regards,

Darin Pinkham Blue Edge Infrastructure LLC 12615 S. 182nd Pl Gilbert, AZ 85296

Received 4/04/2024 ROC Legal

Carly Roman

Larry,

Do you have Crown’s invoices for Dec & Jan to date ?

Thank you,

Darin Pinkham 480-544-0772

Good morning/a ernoon- please see December invoices for N147. thx

We are here to help in any way we can, please do not hesitate to call /text or reply so we May assist you, Thanks in advance for your time!!

Connect with us online & social media!

Received 4/04/2024 ROC Legal CONFIDENTIALITY NOTICEThis electronic mail message, along with any attached files, contains information intended for the exclusive use of the individual to whom it is directed, which is confidential, proprietary, privileged and/or exempt from disclosure under applicable law. If you are not the intended recipient, you are hereby notified that any disclosure, copying, distribution, or use of this information is strictly prohibited, and may be subject to legal sanctions and/or penalties. If you received this transmission in error, please immediately contact the sender and destroy this message, along with all attachments, in its entirety, without saving any copies. THANK YOU FOR YOUR COOPERATION

Hey Larry!

Just to conﬁrm we do have Dynatek’s December invoices.

Thank you,

Efrain Ruiz Aguilar Project Controls Manager Blue Edge Infrastructure, LLC [email redacted]

Will do. Have you received Decembers? The went to a Carly, you should have those.

Crown never set up an account, we sent them the applica on.

We are here to help in any way we can, please do not hesitate to call /text or reply so we May assist you, Thanks in advance for your time!!

Larry Herrera Traffic Engineering-Estimator

Received 4/04/2024 ROC Legal Canyon State Barricade Service LLC -ATSSA Certified #459795 ROC#338321 AZUTRACS #19406 SBE/DBE/ACDBE #20985037 Statewide Offices in Lakeside/Show Low- Casa Grande- Surprise-Phoenix M: 602.725.7488 O: 602.795.8821

Connect with us online & social media!

Larry,

When you invoice Crown and Dynatek for barricade rental / TCP plans for 147, please copy Blue Edge Team

Please invoice monthly at a minimum so we can review and invoice Google.

Payment will come from Dynatek and Crown since they’re the account holders.

Blue Edge needs to work with Google on what is pass-thru and what is not and we’ll advise Dynatek and Crown what they’ll owe

Please call with any ques ons.

Regards,

Darin Pinkham Blue Edge Infrastructure LLC 12615 S. 182nd Pl Gilbert, AZ 85296

Received 4/04/2024 ROC Legal This e-mail contains CONFIDENTIAL information intended only for the use of the addressee(s) named above. If you are not the intended recipient of this e-mail, or the employee or agent responsible for delivering it to the intended recipient, you are hereby notified that any dissemination, distribution or copying of this e-mail is strictly prohibited. If you have received this e-mail in error, please immediately notify us by telephone at (480) 544-0772 or forward the e-mail message to us at [email redacted] and advise us that you have deleted it. Thank you.

Received Attachment B 4/04/2024 ROC Legal Received 4/04/2024 ROC Legal Received Attachment C 4/04/2024 ROC Legal

376

02/08/24 12

No Parks" were set up on 2/8/24 per Larry's email. Total should actually be 376. Received Attachment D 4/04/2024 ROC Legal

670

709 273

273

102

Received 4/04/2024 ROC Legal

No show 0 No show 0

No show 0

Techs 1Truck 9.5 Tech 1Truck 8 16.5

Received 4/04/2024 Attachment D ROC Legal

Site Date TCP Company Contractor Streets Description Field Quantity Pass Thru Comments Invoiced Quantity Invoice # PHX117A-N106 2/5/2024 Canyon State Dynatek/Crown Various Traffic Control Plan Submittal 1 1 1 3645 PHX117A-N106 2/5/2024 Canyon State Dynatek/Crown 78th St/Iverness/Juanita 1 Tech 1 Trucks Labor 0 0 Did not set up until the 02/08/24 8 3645 PHX117A-N106 2/6/2024 Canyon State Dynatek 78th St/Iverness Small Sign - No Park Signs 0 0 No parks actually went out on the 03/08/24, have email back-up 76 3645 PHX117A-N106 2/6/2024 Canyon State Crown Juanita Small Sign - No Park Signs 0 0 No parks actually went out on the 03/08/24, have email back-up 76 3645 PHX117A-N106 2/6/2024 Canyon State Dynatek 78th St/Iverness Vertical Panel w/flasher 0 0 No parks actually went out on the 03/08/24, have email back-up 76 3645 PHX117A-N106 2/6/2024 Canyon State Crown Juanita Vertical Panel w/flasher 0 0 No parks actually went out on the 03/08/24, have email back-up 76 3645 PHX117A-N106 2/7/2024 Canyon State Dynatek 78th St/Iverness Small Sign - No Park Signs 0 0 No parks actually went out on the 03/08/24, have email back-up 20 3645 PHX117A-N106 2/7/2024 Canyon State Crown Juanita Small Sign - No Park Signs 0 0 No parks actually went out on the 03/08/24, have email back-up 20 3645 PHX117A-N106 2/7/2024 Canyon State Dynatek 78th St/Iverness Vertical Panel w/flasher 0 0 No parks actually went out on the 03/08/24, have email back-up 20 3645 PHX117A-N106 2/7/2024 Canyon State Crown Juanita Vertical Panel w/flasher 0 0 No parks actually went out on the 03/08/24, have email back-up 20 3645 PHX117A-N106 2/8/2024 Canyon State Dynatek 78th St/Iverness Small Sign - No Park Signs 74 74 Email backs this up starting the 8th, not enough equipment delivered 76 3645 PHX117A-N106 2/8/2024 Canyon State Crown Juanita Small Sign - No Park Signs 20 20 Email backs this up starting the 8th, not enough equipment delivered 20 3645 PHX117A-N106 2/8/2024 Canyon State Dynatek 78th St/Iverness Sand Bags 50 50 Email backs this up starting the 8th, not enough equipment delivered 50 3645 PHX117A-N106 2/8/2024 Canyon State Crown Juanita Sand Bags 24 24 Email backs this up starting the 8th, not enough equipment delivered 46 3645 PHX117A-N106 2/8/2024 Canyon State Dynatek 78th St/Iverness Vertical Panel w/flasher 74 74 Email backs this up starting the 8th, not enough equipment delivered 76 3645 PHX117A-N106 2/8/2024 Canyon State Crown Juanita Vertical Panel w/flasher 20 20 Email backs this up starting the 8th, not enough equipment delivered 20 3645 PHX117A-N106 2/8/2024 Canyon State Dynatek/Crown 78th St/Iverness/Juanita 2 Tech 2 Trucks Labor 8 8 Email backs this up starting the 8th, not enough equipment delivered 8 3645 PHX117A-N106 2/8/2024 Canyon State Crown Juanita 2 Tech 2 Trucks Labor 4 4 Email backs this up starting the 8th, not enough equipment delivered 4 3645 PHX117A-N106 2/9/2024 Canyon State Dynatek 78th St/Iverness Small Sign - No Park Signs 74 74 Email backs this up starting the 8th, not enough equipment delivered 76 3645 PHX117A-N106 2/9/2024 Canyon State Crown Juanita Small Sign - No Park Signs 20 20 Email backs this up starting the 8th, not enough equipment delivered 20 3645 PHX117A-N106 2/9/2024 Canyon State Dynatek 78th St/Iverness Sand Bags 50 50 Email backs this up starting the 8th, not enough equipment delivered PHX117A-N106 2/9/2024 Canyon State Crown Juanita Sand Bags 24 24 Email backs this up starting the 8th, not enough equipment delivered PHX117A-N106 2/9/2024 Canyon State Dynatek 78th St/Iverness Vertical Panel w/flasher 74 74 Email backs this up starting the 8th, not enough equipment delivered 76 3645 PHX117A-N106 2/9/2024 Canyon State Crown Juanita Vertical Panel w/flasher 20 20 Email backs this up starting the 8th, not enough equipment delivered 20 3645 PHX117A-N106 2/10/2024 Canyon State Dynatek 78th St/Iverness Small Sign - No Park Signs 74 74 Email backs this up starting the 8th, not enough equipment delivered 76 3645 PHX117A-N106 2/10/2024 Canyon State Crown Juanita Small Sign - No Park Signs 20 20 Email backs this up starting the 8th, not enough equipment delivered 20 3645 PHX117A-N106 2/10/2024 Canyon State Dynatek 78th St/Iverness Sand Bags 50 50 Email backs this up starting the 8th, not enough equipment delivered PHX117A-N106 2/10/2024 Canyon State Crown Juanita Sand Bags 24 24 Email backs this up starting the 8th, not enough equipment delivered PHX117A-N106 2/10/2024 Canyon State Dynatek 78th St/Iverness Vertical Panel w/flasher 74 74 Email backs this up starting the 8th, not enough equipment delivered 76 3645 PHX117A-N106 2/10/2024 Canyon State Crown Juanita Vertical Panel w/flasher 20 20 Email backs this up starting the 8th, not enough equipment delivered 20 3645 PHX117A-N106 2/11/2024 Canyon State Dynatek 78th St/Iverness Small Sign - No Park Signs 74 74 Email backs this up starting the 8th, not enough equipment delivered 76 3645 PHX117A-N106 2/11/2024 Canyon State Crown Juanita Small Sign - No Park Signs 20 20 Email backs this up starting the 8th, not enough equipment delivered 20 3645 PHX117A-N106 2/11/2024 Canyon State Dynatek 78th St/Iverness Sand Bags 50 50 Email backs this up starting the 8th, not enough equipment delivered PHX117A-N106 2/11/2024 Canyon State Crown Juanita Sand Bags 24 24 Email backs this up starting the 8th, not enough equipment delivered PHX117A-N106 2/11/2024 Canyon State Dynatek 78th St/Iverness Vertical Panel w/flasher 74 74 Email backs this up starting the 8th, not enough equipment delivered 76 3645 PHX117A-N106 2/11/2024 Canyon State Crown Juanita Vertical Panel w/flasher 20 20 Email backs this up starting the 8th, not enough equipment delivered 20 3645 PHX117A-N106 2/12/2024 Canyon State Dynatek 78th St ADA Plastic Fence Did not deliver, not requested where in the plans does it call out?, Plus there is no sidewalks 18 3646 PHX117A-N106 2/12/2024 Canyon State Dynatek 78th St Vertical Panel Did not delivered, was not requested. 60 3646 PHX117A-N106 2/12/2024 Canyon State Dynatek 78th St Type II Barridade w/Flasher Did not delivered, was not requested. 68 3646 PHX117A-N106 2/12/2024 Canyon State Dynatek 78th St/Iverness Medium Sign - Road Work Ahead Sig 1 0 Not enough equipment was brought, invoice breakout is an estimate 53 3646 PHX117A-N106 2/12/2024 Canyon State Dynatek 78th St/Iverness Medium Sign - Construction Ahead S 2 0 Not enough equipment was brought, invoice breakout is an estimate PHX117A-N106 2/12/2024 Canyon State Dynatek 78th St/Iverness Medium Sign - 2 Way Directional 3 0 Not enough equipment was brought, invoice breakout is an estimate PHX117A-N106 2/12/2024 Canyon State Dynatek 78th St/Iverness Small Signs - Keep Left 4 2 Not enough equipment was brought, 1064 on invoice is broken out by estimate 4 3646 PHX117A-N106 2/12/2024 Canyon State Dynatek 78th St/Iverness Small Signs -Keep Right 4 2 Not enough equipment was brought, 1064 on invoice is broken out by estimate 4 3646 PHX117A-N106 2/12/2024 Canyon State Dynatek 78th St/Iverness Flagger (per hour) 24 24 Only used 24hrs in flaggers, see email 96 3646 PHX117A-N106 2/12/2024 Canyon State Dynatek 78th St/Iverness Medium Sign - Flagman 4 4 Not enough equipment was brought, invoice breakout is an estimate PHX117A-N106 2/12/2024 Canyon State Dynatek 78th St/Iverness Vertical Panel w/flasher 74 74 Not enough equipment was brought 74 3646 PHX117A-N106 2/12/2024 Canyon State Dynatek 78th St/Iverness City of Mesa - No Park Signs 74 74 Not enough equipment was brought 74 3646 PHX117A-N106 2/12/2024 Canyon State Dynatek 78th St/Iverness 2 Techs 1 Trucks (per hour) 9.5 7.5 This should have been charged as 2 Techs 1 Truck verified time with the two men in truck.2.5 is 0 3646 PHX117A-N106 2/12/2024 Canyon State Dynatek 78th St/Iverness 28" Cones 50 8 Not enough equipment was brought PHX117A-N106 2/12/2024 Canyon State Crown Juanita Vertical Panel w/flasher 20 20 Not enough equipment was brought 72 3646 PHX117A-N106 2/12/2024 Canyon State Crown Juanita City of Mesa - No Park Signs 20 20 Not enough equipment was brought 72 3646 PHX117A-N106 2/12/2024 Canyon State Crown 78th St/Iverness Flags with Dowels 72 18 18 for 9 Flagstation Signs 72 3646 PHX117A-N106 2/12/2024 Canyon State Dynatek Juanita Flags with Dowels 20 4 4 for 4 Flagstation Signs 20 3646 PHX117A-N106 2/12/2024 Canyon State Dynatek 78th St/Iverness Small Signs - No Park Signs 74 74 Not enough equipment was brought, 1064 on invoice is broken out by estimate 105 3646 PHX117A-N106 2/12/2024 Canyon State Crown Juanita Small Signs - No Park Signs 20 20 Not enough equipment was brought, 1064 on invoice is broken out by estimate 42 3646 PHX117A-N106 2/12/2024 Canyon State Crown 78th St/Iverness Sandbags 90 71 Used for No Parks and Flagman 72 3646 PHX117A-N106 2/12/2024 Canyon State Dynatek Juanita Sandbags 40 28 Used for No Parks and Flagman 30 3646 PHX117A-N106 2/12/2024 Canyon State Dynatek 78th St/Iverness 2 Techs 2 Trucks (per hour) 0 0 This should have been charged as 2 Techs 1 Truck verified time with the two men in truck 12 3646 PHX117A-N106 2/13/2024 Canyon State Dynatek 78th St ADA Plastic Fence Did not deliver, not requested where in the plans does it call out?, Plus there is no sidewalks 18 3646 PHX117A-N106 2/13/2024 Canyon State Dynatek 78th St Vertical Panel Did not delivered, was not requested. 60 3646 PHX117A-N106 2/13/2024 Canyon State Dynatek 78th St Type II Barridade w/Flasher Did not delivered, was not requested. 68 3646 PHX117A-N106 2/13/2024 Canyon State Dynatek Juanita/Iverness/78th St Medium Sign - Road Work Ahead Sig 2 0 Not enough equipment was brought, invoice breakout is an estimate 30 3646 PHX117A-N106 2/13/2024 Canyon State Dynatek Juanita/Iverness/78th St Medium Sign - Construction Ahead S 0 0 Not enough equipment was brought, invoice breakout is an estimate PHX117A-N106 2/13/2024 Canyon State Dynatek Juanita/Iverness/78th St Medium Sign - 2 Way Directional 4 0 Not enough equipment was brought, invoice breakout is an estimate PHX117A-N106 2/13/2024 Canyon State Dynatek Juanita/Iverness/78th St Small Signs - Keep Left 3 1 Not enough equipment was brought, 1064 on invoice is broken out by estimate 3 3646 PHX117A-N106 2/13/2024 Canyon State Dynatek Juanita/Iverness/78th St Small Signs -Keep Right 5 3 Not enough equipment was brought, 1064 on invoice is broken out by estimate 5 3646 PHX117A-N106 2/13/2024 Canyon State Dynatek Juanita/Iverness/78th St Flagger (per hour) 24 24 Only used 24hrs in flaggers, see email 36 3646 PHX117A-N106 2/13/2024 Canyon State Dynatek Juanita/Iverness/78th St Medium Sign - Flagman 3 3 Not enough equipment was brought, invoice breakout is an estimate 23 3646 PHX117A-N106 2/13/2024 Canyon State Dynatek 78th St/Iverness City of Mesa - No Park Signs 71 71 Not enough equipment was brought 104 3646 PHX117A-N106 2/13/2024 Canyon State Dynatek Juanita/Iverness/78th St 2 Techs 1 Trucks (per hour) 7 5.5 1.5 hours not billable due set up 7 3646 Received 4/04/2024 ROC Legal

PHX117A-N106 2/13/2024 Canyon State Dynatek Juanita/Iverness/78th St 1 Tech 1 Truck (per hour) 4 3 1 hour not billabe due to set up 0 3646 PHX117A-N106 2/13/2024 Canyon State Dynatek Juanita/Iverness/78th St 28" Cones 79 4 Not enough equipment was brought PHX117A-N106 2/13/2024 Canyon State Crown Juanita Medium Sign - Road Work Ahead Sig 1 0 Not enough equipment was brought, invoice breakout is an estimate PHX117A-N106 2/13/2024 Canyon State Crown Juanita Medium Sign - Construction Ahead S 0 0 Not enough equipment was brought, invoice breakout is an estimate PHX117A-N106 2/13/2024 Canyon State Crown Juanita Medium Sign - 2 Way Directional 3 0 Not enough equipment was brought, invoice breakout is an estimate PHX117A-N106 2/13/2024 Canyon State Crown Juanita Small Signs - Keep Left 1 0 Not enough equipment was brought, 1064 on invoice is broken out by estimate 1 3646 PHX117A-N106 2/13/2024 Canyon State Crown Juanita Small Signs -Keep Right 1 0 Not enough equipment was brought, 1064 on invoice is broken out by estimate 1 3646 PHX117A-N106 2/13/2024 Canyon State Crown Juanita Flagger (per hour) 0 0 0 3646 PHX117A-N106 2/13/2024 Canyon State Crown Juanita Medium Sign - Flagman 0 0 Not enough equipment was brought, invoice breakout is an estimate PHX117A-N106 2/13/2024 Canyon State Crown Juanita 2 Techs 1 Trucks (per hour) 7 6 1 hour not billabe due to set up 4 3646 PHX117A-N106 2/13/2024 Canyon State Crown Juanita 1 Tech 1 Truck (per hour) 4 3 1 hour not billabe due to set up 0 3646 PHX117A-N106 2/13/2024 Canyon State Crown Juanita 28" Cones 36 0 Not enough equipment was brought PHX117A-N106 2/13/2024 Canyon State Dynatek 78th St/Iverness Vertical Panel w/flasher 71 71 Not enough equipment was brought 104 3646 PHX117A-N106 2/13/2024 Canyon State Crown Juanita Vertical Panel w/flasher 20 20 Not enough equipment was brought 92 3646 PHX117A-N106 2/13/2024 Canyon State Crown Juanita City of Mesa - No Park Signs 20 20 Not enough equipment was brought 92 3646 PHX117A-N106 2/13/2024 Canyon State Dynatek 78th St/Iverness Small Signs - No Park Signs 71 71 Not enough equipment was brought, 1064 on invoice is broken out by estimate 105 3646 PHX117A-N106 2/13/2024 Canyon State Crown Juanita Small Signs - No Park Signs 20 20 Not enough equipment was brought, 1064 on invoice is broken out by estimate 42 3646 PHX117A-N106 2/13/2024 Canyon State Dynatek Juanita/Iverness/78th St 2 Techs 2 Trucks (per hour) 0 0 Should be 1 Tech 1 Truck 7 3646 PHX117A-N106 2/13/2024 Canyon State Crown Juanita 2 Techs 2 Trucks (per hour) 0 0 Should be 1 Tech 1 Truck 7 3646 PHX117A-N106 2/14/2024 Canyon State Dynatek 78th St ADA Plastic Fence Did not deliver, not requested where in the plans does it call out?, Plus there is no sidewalks 24 3646 PHX117A-N106 2/14/2024 Canyon State Dynatek 78th St Vertical Panel Did not delivered, was not requested. 60 3646 PHX117A-N106 2/14/2024 Canyon State Dynatek 78th St Type II Barridade w/Flasher Did not delivered, was not requested. 68 3646 PHX117A-N106 2/14/2024 Canyon State Dynatek 78th St/Iverness Medium Sign - Road Work Ahead Sig 2 0 Not enough equipment was brought, invoice breakout is an estimate 30 3646 PHX117A-N106 2/14/2024 Canyon State Dynatek 78th St/Iverness Medium Sign - Construction Ahead S 0 0 Not enough equipment was brought, invoice breakout is an estimate PHX117A-N106 2/14/2024 Canyon State Dynatek 78th St/Iverness Medium Sign - 2 Way Directional 2 0 Not enough equipment was brought, invoice breakout is an estimate PHX117A-N106 2/14/2024 Canyon State Dynatek 78th St/Iverness Small Signs - Keep Left 3 2 Not enough equipment was brought, 1064 on invoice is broken out by estimate 3 3646 PHX117A-N106 2/14/2024 Canyon State Dynatek 78th St/Iverness Small Signs -Keep Right 3 2 Not enough equipment was brought, 1064 on invoice is broken out by estimate 3 3646 PHX117A-N106 2/14/2024 Canyon State Dynatek 78th St/Iverness Flagger (per hour) 16 16 Only used 16hrs in flaggers, see email 32 3646 PHX117A-N106 2/14/2024 Canyon State Dynatek 78th St/Iverness Medium Sign - Flagman 2 2 Not enough equipment was brought, invoice breakout is an estimate PHX117A-N106 2/14/2024 Canyon State Dynatek 78th St/Iverness 2 Techs 1 Trucks (per hour) 5 3.5 5 hrs each not 7hrs, verified with men in a truck. 1.5 hours not billable due set up 7 3646 PHX117A-N106 2/14/2024 Canyon State Dynatek 78th St/Iverness 28" Cones 22 4 Not enough equipment was brought PHX117A-N106 2/14/2024 Canyon State Crown Juanita Medium Sign - Road Work Ahead Sig 2 0 Not enough equipment was brought, invoice breakout is an estimate 23 3646 PHX117A-N106 2/14/2024 Canyon State Crown Juanita Medium Sign - Construction Ahead S 0 0 Not enough equipment was brought, invoice breakout is an estimate PHX117A-N106 2/14/2024 Canyon State Crown Juanita Medium Sign - 2 Way Directional 2 0 Not enough equipment was brought, invoice breakout is an estimate PHX117A-N106 2/14/2024 Canyon State Crown Juanita Small Signs - Keep Left 2 1 Not enough equipment was brought, 1064 on invoice is broken out by estimate 2 3646 PHX117A-N106 2/14/2024 Canyon State Crown Juanita Small Signs -Keep Right 2 1 Not enough equipment was brought, 1064 on invoice is broken out by estimate 2 3646 PHX117A-N106 2/14/2024 Canyon State Crown Juanita Flagger (per hour) 16 16 Only used 16hrs in flaggers, see email 32 3646 PHX117A-N106 2/14/2024 Canyon State Crown Juanita Medium Sign - Flagman 2 2 Not enough equipment was brought, invoice breakout is an estimate PHX117A-N106 2/14/2024 Canyon State Crown Juanita 2 Techs 1 Trucks (per hour) 5 4 5 hrs each not 7hrs, verified with men in a truck, 1 hour not billabe due to set up 7 3646 PHX117A-N106 2/14/2024 Canyon State Crown Juanita 28" Cones 80 4 Not enough equipment was brought PHX117A-N106 2/14/2024 Canyon State Dynatek 78th St/Iverness Vertical Panel w/flasher 71 71 Not enough equipment was brought 124 3646 PHX117A-N106 2/14/2024 Canyon State Dynatek 78th St/Iverness City of Mesa - No Park Signs 71 71 Not enough equipment was brought 124 3646 PHX117A-N106 2/14/2024 Canyon State Crown Juanita Vertical Panel w/flasher 20 20 Not enough equipment was brought 97 3646 PHX117A-N106 2/14/2024 Canyon State Crown Juanita City of Mesa - No Park Signs 20 20 Not enough equipment was brought 97 3646 PHX117A-N106 2/14/2024 Canyon State Dynatek 78th St/Iverness Small Signs - No Park Signs 71 71 Not enough equipment was brought, 1064 on invoice is broken out by estimate 105 3646 PHX117A-N106 2/14/2024 Canyon State Crown Juanita Small Signs - No Park Signs 20 20 Not enough equipment was brought, 1064 on invoice is broken out by estimate 43 3646 PHX117A-N106 2/15/2024 Canyon State Dynatek 78th St ADA Plastic Fence Did not deliver, not requested where in the plans does it call out?, Plus there is no sidewalks 30 3646 PHX117A-N106 2/15/2024 Canyon State Dynatek 78th St Vertical Panel Did not delivered, was not requested. 60 3646 PHX117A-N106 2/15/2024 Canyon State Dynatek 78th St Type II Barridade w/Flasher Did not delivered, was not requested. 68 3646 PHX117A-N106 2/15/2024 Canyon State Dynatek 78th St/Iverness Flagger (per hour) 0 0 Did not show, see email 32 3646 PHX117A-N106 2/15/2024 Canyon State Crown Juanita Flagger (per hour) 0 0 Did not show, see email 32 3646 PHX117A-N106 2/15/2024 Canyon State Dynatek 78th St/Iverness No Service 0 0 Canyon State No Show PHX117A-N106 2/15/2024 Canyon State Dynatek 78th St/Iverness Vertical Panel w/flasher 71 71 Not enough equipment was brought 154 3646 PHX117A-N106 2/15/2024 Canyon State Dynatek 78th St/Iverness City of Mesa - No Park Signs 71 71 Not enough equipment was brought 154 3646 PHX117A-N106 2/15/2024 Canyon State Crown Juanita Vertical Panel w/flasher 20 20 Not enough equipment was brought 92 3646 PHX117A-N106 2/15/2024 Canyon State Crown Juanita City of Mesa - No Park Signs 20 20 Not enough equipment was brought 92 3646 PHX117A-N106 2/15/2024 Canyon State Crown/Dynatek Juanita/inverness 2 Techs 1 Trucks (per hour) 0 0 No Set Up 14 3646 PHX117A-N106 2/15/2024 Canyon State Dynatek 78th St/Iverness Small Signs - No Park Signs 71 71 Not enough equipment was brought, 1064 on invoice is broken out by estimate 105 3646 PHX117A-N106 2/15/2024 Canyon State Crown Juanita Small Signs - No Park Signs 20 20 Not enough equipment was brought, 1064 on invoice is broken out by estimate 43 3646 PHX117A-N106 2/16/2024 Canyon State Dynatek 78th St ADA Plastic Fence Did not deliver, not requested where in the plans does it call out?, Plus there is no sidewalks 32 3646 PHX117A-N106 2/16/2024 Canyon State Dynatek 78th St Vertical Panel Did not delivered, was not requested. 60 3646 PHX117A-N106 2/16/2024 Canyon State Dynatek 78th St Type II Barridade w/Flasher Did not delivered, was not requested. 68 3646 PHX117A-N106 2/16/2024 Canyon State Dynatek 78th St/Iverness Medium Sign - Road Work Ahead Sig 2 0 Not enough equipment was brought, invoice breakout is an estimate 53 3646 PHX117A-N106 2/16/2024 Canyon State Dynatek 78th St/Iverness Medium Sign - Construction Ahead S 0 0 Not enough equipment was brought, invoice breakout is an estimate PHX117A-N106 2/16/2024 Canyon State Dynatek 78th St/Iverness Medium Sign - 2 Way Directional 2 0 Not enough equipment was brought, invoice breakout is an estimate PHX117A-N106 2/16/2024 Canyon State Dynatek 78th St/Iverness Small Signs - Keep Left 1 0 Not enough equipment was brought, 1064 on invoice is broken out by estimate 1 3646 PHX117A-N106 2/16/2024 Canyon State Dynatek 78th St/Iverness Small Signs -Keep Right 1 0 Not enough equipment was brought, 1064 on invoice is broken out by estimate 1 3646 PHX117A-N106 2/16/2024 Canyon State Dynatek 78th St/Iverness Flagger (per hour) 0 0 Flagger No Show 8 3646 PHX117A-N106 2/16/2024 Canyon State Dynatek 78th St/Iverness Medium Sign - Flagman 0 0 Flagger No Show PHX117A-N106 2/16/2024 Canyon State Dynatek 78th St/Iverness 2 Techs 1 Trucks (per hour) 4 3 Only 1 set for Dynatek, Crown did not work, see email. 1 hour not billable due to set up 4 3646 PHX117A-N106 2/16/2024 Canyon State Dynatek 78th St/Iverness 28" Cones 60 0 Not enough equipment was brought PHX117A-N106 2/16/2024 Canyon State Dynatek 78th St/Iverness Vertical Panel w/flasher 71 71 Not enough equipment was brought 154 3646 Received 4/04/2024 ROC Legal

PHX117A-N106 2/16/2024 Canyon State Dynatek 78th St/Iverness City of Mesa - No Park Signs 71 71 Not enough equipment was brought 154 3646 PHX117A-N106 2/16/2024 Canyon State Crown Juanita Vertical Panel w/flasher 20 20 Not enough equipment was brought 97 3646 PHX117A-N106 2/16/2024 Canyon State Crown Juanita City of Mesa - No Park Signs 20 20 Not enough equipment was brought 97 3646 PHX117A-N106 2/16/2024 Canyon State Dynatek 78th St/Iverness Small Signs - No Park Signs 71 71 Not enough equipment was brought, 1064 on invoice is broken out by estimate 105 3646 PHX117A-N106 2/16/2024 Canyon State Crown Juanita Small Signs - No Park Signs 20 20 Not enough equipment was brought, 1064 on invoice is broken out by estimate 43 3646 PHX117A-N106 2/17/2024 Canyon State Dynatek 78th St ADA Plastic Fence Did not deliver, not requested where in the plans does it call out?, Plus there is no sidewalks 32 3646 PHX117A-N106 2/17/2024 Canyon State Dynatek 78th St Vertical Panel Did not delivered, was not requested. 60 3646 PHX117A-N106 2/17/2024 Canyon State Dynatek 78th St Type II Barridade w/Flasher Did not delivered, was not requested. 68 3646 PHX117A-N106 2/17/2024 Canyon State Dynatek 78th St/Iverness Vertical Panel w/flasher 71 71 Not enough equipment was brought 154 3646 PHX117A-N106 2/17/2024 Canyon State Dynatek 78th St/Iverness City of Mesa - No Park Signs 71 71 Not enough equipment was brought 154 3646 PHX117A-N106 2/17/2024 Canyon State Crown Juanita Vertical Panel w/flasher 20 20 Not enough equipment was brought 97 3646 PHX117A-N106 2/17/2024 Canyon State Crown Juanita City of Mesa - No Park Signs 20 20 Not enough equipment was brought 97 3646 PHX117A-N106 2/17/2024 Canyon State Dynatek 78th St/Iverness Small Signs - No Park Signs 71 71 Not enough equipment was brought, 1064 on invoice is broken out by estimate 105 3646 PHX117A-N106 2/17/2024 Canyon State Crown Juanita Small Signs - No Park Signs 20 20 Not enough equipment was brought, 1064 on invoice is broken out by estimate 43 3646 PHX117A-N106 2/18/2024 Canyon State Dynatek 78th St ADA Plastic Fence Did not deliver, not requested where in the plans does it call out?, Plus there is no sidewalks 32 3646 PHX117A-N106 2/18/2024 Canyon State Dynatek 78th St Vertical Panel Did not delivered, was not requested. 60 3646 PHX117A-N106 2/18/2024 Canyon State Dynatek 78th St Type II Barridade w/Flasher Did not delivered, was not requested. 68 3646 PHX117A-N106 2/18/2024 Canyon State Dynatek 78th St/Iverness Vertical Panel w/flasher 71 71 Not enough equipment was brought 154 3646 PHX117A-N106 2/18/2024 Canyon State Dynatek 78th St/Iverness City of Mesa - No Park Signs 71 71 Not enough equipment was brought 154 3646 PHX117A-N106 2/18/2024 Canyon State Crown Juanita Vertical Panel w/flasher 20 20 Not enough equipment was brought 97 3646 PHX117A-N106 2/18/2024 Canyon State Crown Juanita City of Mesa - No Park Signs 20 20 Not enough equipment was brought 97 3646 PHX117A-N106 2/18/2024 Canyon State Dynatek 78th St/Iverness Small Signs - No Park Signs 71 71 Not enough equipment was brought, 1064 on invoice is broken out by estimate 105 3646 PHX117A-N106 2/18/2024 Canyon State Crown Juanita Small Signs - No Park Signs 20 20 Not enough equipment was brought, 1064 on invoice is broken out by estimate 43 3646 PHX117A-N106 2/18/2024 Canyon State Crown Juanita Medium Sign 0 0 Not enough equipment was brought, invoice breakout is an estimate 54 3646 PHX117A-N106 2/18/2024 Canyon State Crown Juanita 1 Tech 1 Truck (per hour) 12 0 Tear Down 12 3646 PHX117A-N106 2/18/2024 Canyon State Dynatek 78th St/Iverness 2 Techs 1 Trucks (per hour) 16.5 0 Tear Down 14 3646 PHX117A-N106 2/18/2024 Canyon State Dynatek 78th St/Iverness 2 Techs 2 Trucks (per hour) 0 0 Tear Down 16.5 3646 PHX117A-N106 2/18/2024 Canyon State Crown Juanita 2 Techs 2 Trucks (per hour) 0 0 Tear Down 16 3646 Received 4/4/24, 11:10 AM State of Arizona Mail - Written Answer to Citation and Complaint - Case No. 2024-020724/04/2024 ROC Legal

Answers - AZROC <[email redacted]>

Written Answer to Citation and Complaint - Case No. 2024-02072 message

Steve Palac <[email redacted]> Thu, Apr 4, 2024 at 11:04 AM To: "[email redacted]" <[email redacted]> Cc: Phillip Armstrong <[email redacted]>, Carly Roman <[email redacted]>, Steve Palac <[email redacted]>

Good afternoon,

Please find attached Dynatek’s response to cited complaint.

If you have any questions, please contact me.

Thank you,

Stephen J. Palac Jr.

President

P.O. Box 20 Vienna, Oh 44473

O: 330.448.8005 / M: 330.610.0247

[email redacted]

attachments Written Answer to Citation and Complaint - Case No. 2024-02072.pdf 200K Attach. D - AZ RoC 2024-02072 - PHX117A-N106 Usage Tracker as of 03.31.24.pdf 127K Attach. A - AZ RoC 2024-02072 - Canyon State Barricade and Blue Edge correspondence.pdf 7464K Attach. B - AZ RoC 2024-02072 -BE letter to CS meeting request to Canyon State Barricade.pdf 1334K Attach. C - AZ RoC 2024-02072 - Inv. 00003645 - 021124 (Billable Items Only).pdf 1065K

https://mail.google.com/mail/b/AEoRXRT2FDzwvCZ1cLcQosa80HqJHzWUYl8ZyUgvlEMNQS3DDrNE/u/0/?ik=581c53cf5c&view=pt&search=all&per… 1/2 Received 4/4/24, 11:10 AM State of Arizona Mail - Written Answer to Citation and Complaint - Case No. 2024-020724/04/2024 ROC Legal Attach. D - AZ RoC 2024-02072 - Inv No. 00003646 - 021824 (Billable Items Only).pdf 2182K

https://mail.google.com/mail/b/AEoRXRT2FDzwvCZ1cLcQosa80HqJHzWUYl8ZyUgvlEMNQS3DDrNE/u/0/?ik=581c53cf5c&view=pt&search=all&per… 2/2 Mediation Notice

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

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

v. JOINT REQUEST FOR MEDIATION _________________________ RESPONDENT.

REQUEST

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

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

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

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

_____________________________________ _______________________ Respondent (or representative) Date

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

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

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

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

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

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

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

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

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

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

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

4. Subject Matter of Expected Testimony

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

4. Subject Matter of Expected Testimony

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

4. Subject Matter of Expected Testimony

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

4. Subject Matter of Expected Testimony

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

Exhibit Exhibit Name

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

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

Print Name Signature Date

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