2024A-03092-NPC-ROC Notice of Hearing & Packet MAILED 2024-03092.pdf

2024A-03092-NPC-ROC · Registrar of Contractors · 2024-06-28

REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA

Canyon State Barricade Service LLC, Case No. 2024-03092

COMPLAINANT, Docket No. 2024A-03092-NPC-ROC

v. NOTICE OF HEARING ON CONTESTED CASE Boyd Development Company LLC License No. ROC 316026,

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

HEARING INFORMATION The hearing is set for:

August 7, 2024 9:00 AM Sam Fox 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 April 23, 2024. SHORT AND PLAIN STATEMENT OF THE MATTERS ASSERTED

The complaint and citation allege that the Respondent committed the following act(s): Charge: 1 A.R.S. § 32-1154(A)(10)

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

be a party to the hearing.

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

argument to the administrative law judge.

RIGHT TO BE REPRESENTED The parties to the administrative hearing may choose to be represented by an attorney. A.R.S. § 41-1092.07(B). If one of the parties is a company, the company may be represented

by an officer or employee if that person satisfies the conditions set forth in A.R.S. § 32-

1156(B).

CHANGE OF ADDRESS Each party must inform the Registrar and the Office of Administrative Hearings of any change of address within five (5) days of the change. A.R.S. § 41-1092.04.

HEARING PROCEDURES AND RULES

The administrative hearing will be conducted in accordance with A.R.S. §§ 41-1092 to -1092.12, and A.A.C. R2-19-101 to -122. The parties should review the statutes, rules, and

processes governing the administrative hearing. Copies of the statutes, rules, and articles regarding the administrative hearing process can be found at https://www.azoah.com/.

REGISTRAR’S APPEARANCE BY VIDEO CONFERENCE OR TELEPHONE

The Registrar’s investigators, employees, and attorneys will appear at the hearing via

video conference or telephone unless requested by a party to appear in-person. Requests for the Registrar’s investigators, employees, or attorneys to appear in-person must be filed with the Registrar and the Office of Administrative Hearings no later than seven (7) calendar days prior to the hearing date.

HEARING PACKET

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

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

are attached to this Notice of Hearing as the “Hearing Packet.” If any party wishes to submit additional evidence, they must do so during the hearing after completing a disclosure statement. See “Disclosure Statement” section below.

SUBPOENAS FOR TESTIMONY FROM A WITNESS OR DOCUMENTS

The parties to the hearing must be prepared to present evidence in support of their

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

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

Judge to review and sign, if approved. A.R.S. § 41-1092.07(C). Forms for requesting a subpoena can be found on the Office of Administrative Hearings’ website at www.azoah.com.

The party seeking a subpoena must serve notice on all the parties to the hearing, and on the Registrar. A.R.S. § 41-1092.04.

DISCLOSURE STATEMENT

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

disclosure statement on all other parties, and file it with the Office of Administrative Hearings. A.A.C. R4-9-118; A.A.C. R2-19-108. The disclosure statement must include any exhibit the party will use at the hearing. A party’s failure to timely disclose any witness or exhibit, without good cause, may result in the administrative law judge excluding those witnesses or exhibits from being used at the hearing. A.A.C. R4-9-118(C). A sample disclosure form is available on the Registrar’s website at https://roc.az.gov/forms/RC-L-800A%20- %20Prehearing%20Disclosure%20Statement%2020191007v4.pdf

CHANGING THE HEARING DATE

The date of the hearing may only be advanced or delayed on the agreement of the

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

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

written agreement must be filed with the Office of Administrative Hearings, directed to the assigned Administrative Law Judge, and transmitted to the Registrar and all other parties. The assigned Administrative Law Judge may be found on the Office of Administrative Hearings’ web portal at www.azoah.com

If a party would like to move the date of the hearing without agreement of all parties, the party must file a written motion with the Office of Administrative Hearings, directed to the assigned Administrative Law Judge, and transmit a copy to the Registrar and all other parties. The motion must state in detail good cause for why the date of the hearing should be advanced or delayed, and the position of all other parties regarding the advancement or delay. A party may also file a motion asserting a right to an expedited hearing upon a showing of

extraordinary circumstances or the possibility of irreparable harm. A.R.S. § 41-1092.05(E).

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

Complaints – Resolved/Settled/Withdrawn.”

Dated June 27, 2024.

By: /s/ Erika Hoskin Erika Hoskin Legal Secretary Legal Department Arizona Registrar of Contractors

Copy mailed via USPS First Class mail June 27, 2024 to:

Respondent(s) Boyd Development Company LLC 688 W 1st St Ste. 2 Tempe, AZ 85281

Respondent's Attorney Dominica J. Minore, Esq. 9375 E Shea Blvd Ste 100 Scottsdale, AZ 85260 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 Respondent’s Attorney at email address of record with Registrar Complainant at email address on record with the Registrar

Case No. 2024-03092 /

Douglas A. Ducey, Governor Jeffrey L. Fleetham, 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

Douglas A. Ducey, Governor Jeffrey L. Fleetham, 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

Douglas A. Ducey, Governor Jeffrey L. Fleetham, 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

RECEIVED 03/19/2024 ROC LEGAL Katelyn Rolling <[email redacted]>

ROC Notice of Incomplete No-Pay Complaint 2024-03092 - DO NOT REPLY messages

Katelyn Rolling <[email redacted]> Tue, Mar 19, 2024 at 8:53 AM Bcc: [email redacted], [email redacted], [email redacted]

Hello,

Attached, please find an electronic courtesy copy of the Notice of Incomplete No-Pay Complaint issued in Complaint No. 2024-03092. This document was also sent to your attention via US Mail.

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

Katelyn Rolling Legal Assistant II Arizona Registrar of Contractors 1700 W Washington St Ste 105 Phoenix, AZ 85007 (602) 542-1525

20240319 Notice of Incomplete No-Pay Complaint MAILED 2024-03092.pdf 179K

Accounting <[email redacted]> Tue, Mar 19, 2024 at 8:58 AM To: Katelyn Rolling <[email redacted]>

See Subcontract- Thank you!

Leticia Barnes

Accounting

[Quoted text hidden]

Canyon State Barricade SubContractor Agreement- Boyd signed.pdf 1321K RECEIVED 03/19/2024 ROC LEGAL

CONTINUING AGREEMENT BETWEEN CONTRACTOR AND SUBCONTRACTOR

This continuing agreement between Contractor and Subcontractor is by and between Canyon State Barricade Service LLC and ____Boyd Development Company Contracting__________________________ , (Subcontractor) and is dated this ____10____day of ____________January______, 2024__.

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.

RECEIVED 03/19/2024 4. Subcontractor’s Performance. Subcontractor shall furnish its best skill and judgment ROC LEGAL 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 RECEIVED Subcontractor, Subcontractor’s employees or anyone working on the Subcontractor’s behalf.03/19/2024 General Contractor shall be held harmless by any contractor hired by the Subcontractor toROC LEGAL perform work on the Subcontractor’s behalf in order for the Subcontractor to fulfill his or her obligations to the General Contractor. 7. Worker’s Compensation Insurance. The Subcontractor shall procure and maintain in effect Worker’s Compensation insurance on the Subcontractor’s employees as required by law and shall maintain a current certificate of insurance of such coverage with the Contractor before commencing any Work. See Subcontractor Agreement Insurance Addendum which is attached hereto and expressly made a part hereof.

8. Comprehensive Liability Insurance. The Subcontractor shall procure and maintain in effect a policy of comprehensive public liability insurance with an insurance company approved by Contractor insuring the Subcontractor and the Contractor against liability for injury or death to persons and damage to property arising from the performance of this contract in accordance with Subcontractor Agreement Insurance Addendum which is attached hereto and expressly made a part hereof. Coverage shall be maintained for a period of 2 years from the completion of the project.

9. Compliance with Statues. The Subcontractor shall comply with all laws, ordinances, rules and regulations bearing on the conduct of any Work and shall pay the expense thereof. Any required notices shall be given by the Subcontractor, and all necessary licenses and bonds required for the performance of this contract shall be secured and paid for by the Subcontractor.

10. Work Inspection. The Subcontractor shall permit and facilitate an inspection of any Work by Contractor of Subcontractor’s agents, and public authorities at all times.

11. Nonassignment. Subcontractor shall not assign or sublet this Contract as a whole without the prior written consent of the Contractor.

12. Binding Effect. This Contract shall inure to the benefit of and be binding upon the parties hereto and their respective heirs, assigns, personal representatives or other lawful successors in interest.

Boyd Development Company. __ _ _Canyon State Barricade Service LLC__ ___ ___________________ _ GENERAL CONTRACTOR SUBCONTRACTOR

By: _________________________________ By: _________________________________

________________________________ Larry Herrera- General Manager _________________________________ Jonathan Boyd Principal Printed Name Title Printed Name Title

RECEIVED 03/19/2024 ROC LEGAL

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.

March 19, 2024

Via U.S. Mail and Email

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

Canyon State Barricade Service LLC 28264 N 166th Ave Surprise, AZ 85387

Via U.S. Mail and Email

Respondent Boyd Development Company LLC 688 W 1st St Ste 2 Tempe, AZ 85281

Re: Complaint No. 2024-03092

Dear Complainant and Respondent:

The Registrar received a complaint filed against Boyd Development Company LLC for non-payment of materials or services rendered. This complaint is incomplete and will not be substantively reviewed by the Registrar until the following documentation is provided:

I. Subcontractor agreement signed by Boyd Development Company LLC

Please provide all requested documentation by March 29, 2024. The Registrar will close this complaint (as incomplete) without further written notice if you fail to provide the requested documentation by such date.

Documents can be submitted by:

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

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

1700 W. Washington Street, Suite 105 · Phoenix, AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov Lg100a 11/23 If the required information is provided and this complaint becomes complete, Respondent will be provided an additional opportunity to respond to the complaint.

Sincerely,

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

1700 W. Washington Street, Suite 105 · Phoenix, AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov Lg100a 11/23 RECEIVED 03/21/2024 ROC LEGAL Katelyn Rolling <[email redacted]>

ROC Notice of Incomplete No-Pay Complaint 2024-03092 - DO NOT REPLY messages

Katelyn Rolling <[email redacted]> Tue, Mar 19, 2024 at 8:53 AM Bcc: [email redacted], [email redacted], [email redacted]

Hello,

Attached, please find an electronic courtesy copy of the Notice of Incomplete No-Pay Complaint issued in Complaint No. 2024-03092. This document was also sent to your attention via US Mail.

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

Katelyn Rolling Legal Assistant II Arizona Registrar of Contractors 1700 W Washington St Ste 105 Phoenix, AZ 85007 (602) 542-1525

20240319 Notice of Incomplete No-Pay Complaint MAILED 2024-03092.pdf 179K

Accounting <[email redacted]> Tue, Mar 19, 2024 at 8:58 AM To: Katelyn Rolling <[email redacted]>

See Subcontract- Thank you!

Leticia Barnes

Accounting

[Quoted text hidden]

Canyon State Barricade SubContractor Agreement- Boyd signed.pdf 1321K

Katelyn Rolling <[email redacted]> Tue, Mar 19, 2024 at 11:44 AM To: Accounting <[email redacted]>

Hello,

I just noticed that the subcontractor agreement does state the agreed upon contract amount. Is a page missing or is this documented in other paperwork? RECEIVED Katelyn Rolling 03/21/2024 Legal Assistant II ROC LEGAL Arizona Registrar of Contractors 1700 W Washington St Ste 105 Phoenix, AZ 85007 (602) 542-1525

[Quoted text hidden]

Mail Delivery Subsystem <[email redacted]> Wed, Mar 20, 2024 at 10:28 AM To: [email redacted]

Delivery incomplete

There was a temporary problem delivering your message to [email redacted]. Gmail will retry for 46 more hours. You'll be notified if the delivery fails permanently.

LEARN MORE

The response was:

The recipient server did not accept our requests to connect. For more information, go to https://support.google.com/mail/answer/7720 [boydcommunities.com 185.190.58.157: timed out]

Final-Recipient: rfc822; [email redacted] Action: delayed Status: 4.4.1 Diagnostic-Code: smtp; The recipient server did not accept our requests to connect. For more information, go to https://support.google.com/mail/answer/7720 [boydcommunities.com 185.190.58.157: timed out] Last-Attempt-Date: Wed, 20 Mar 2024 10:28:54 -0700 (PDT) Will-Retry-Until: Fri, 22 Mar 2024 08:54:02 -0700 (PDT)

---------- Forwarded message ---------- From: Katelyn Rolling <[email redacted]> To: undisclosed-recipients:; Cc: Bcc: [email redacted] RECEIVED Date: Tue, 19 Mar 2024 08:53:52 -0700 03/21/2024 Subject: ROC Notice of Incomplete No-Pay Complaint 2024-03092 - DO NOT REPLY ROC LEGAL ----- Message truncated -----

Accounting <[email redacted]> Thu, Mar 21, 2024 at 10:55 AM To: Katelyn Rolling <[email redacted]>

Hi please see attatched, thanks

[Quoted text hidden]

Boyd 3025 S Bullard Contract Quote.pdf 761K

Mail Delivery Subsystem <[email redacted]> Thu, Mar 21, 2024 at 11:01 AM To: [email redacted]

Delivery incomplete

There was a temporary problem delivering your message to [email redacted]. Gmail will retry for 21 more hours. You'll be notified if the delivery fails permanently.

LEARN MORE

The response was:

The recipient server did not accept our requests to connect. For more information, go to https://support.google.com/mail/answer/7720 [boydcommunities.com 185.190.58.157: timed out]

Final-Recipient: rfc822; [email redacted] Action: delayed Status: 4.4.1 Diagnostic-Code: smtp; The recipient server did not accept our requests to connect. For more information, go to https://support.google.com/mail/answer/7720 [boydcommunities.com 185.190.58.157: timed out] Last-Attempt-Date: Thu, 21 Mar 2024 11:01:59 -0700 (PDT) Will-Retry-Until: Fri, 22 Mar 2024 08:54:02 -0700 (PDT)

---------- Forwarded message ---------- From: Katelyn Rolling <[email redacted]> To: undisclosed-recipients:; Cc: Bcc: [email redacted] Date: Tue, 19 Mar 2024 08:53:52 -0700 RECEIVED Subject: ROC Notice of Incomplete No-Pay Complaint 2024-03092 - DO NOT REPLY 03/21/2024 ----- Message truncated ----- ROC LEGAL RECEIVED QUOTATION Canyon State Barricade Service LLC 03/21/2024 Quote Date ROCIDLEGAL Quote 28264 N. 166th Ave 9/1/2023 [number redacted] Surprise, AZ 85387 602-795-8821 Valid Through: 4/20/2024

Fax 623-975-8300 ROC #338321

Boyd Development Jon Boyd Job Location: 3025 S. Bullard Goodyear Quote Created By: Larry Herrera Estimated Days: 30

Item Description Price UOM Qty/Day Days Total Qty. Total Daily Traffic Control -Lump Sum * $200.00 Per Day 1 30 30 $6,000.00 Traffic Control Plan- Design/Submittal * $80.00 Each 1 1 1 $80.00 Assigned Project Manager 24/265-ATSSA CERTIFIED * $0.00 Lump Sum 1 30 30 $0.00 Note: The * indicates taxable items. EQUIPMENT $6,000.00 ONE TIME CHARGES $80.00 Quote is for construction traffic control with an alternating lane closure, LABOR $0.00 24hr traffic control, right lane/shoulder, midblock, traffic shifts work zone closure(s) provide work zone for wet/dry utilities, asphalt/concrete & SUBTOTAL $6,080.00 associated work, 2 men 1 truck labor with delivery & setup/pickup SALES TAX (8.6%) $522.88 included in price. 35-day time frame at a time or less. Sidewalk closure, QUOTE TOTAL $6,602.88 traffic plan & Assigned Project Manager 24/265-ATSSA CERTIFIED will be provided to assist with traffic control coordination. Price subject to change based on the approved traffic control plans. Final invoice will show actual labor and equipment quantities. Any changes or requests outside this quote will be charged as a change order.

Thank you for the opportunity to provide you with a traffic control estimate!! We appreciate it very much!!

Scope: Delivery,setup,tear down or pickup of traffic control per approved traffic control plan (TCP).Changes made outside the scope of work will require a change order and will be billed time & materials. Price subject to change based on the approved traffic plan. Included: YOUR COPY OF THIS CONTRACT IS ALSO YOUR INVOICE IN AGREEMENT OF THE FOLLOWING. Payment for the service outlined above is due in full upon completion. Any unpaid balance will accrue interest beginning seven (3) days after the due date at a rate of 1 1/2% per month compounded daily until full payment is made. Excluded: Portable Message Boards Arrow Boards Flaggers Standby Time Temporary Pedestrian Fence Barricading or covering of hazards Municipal Plan Review Fee, Permit Fees, Shadow Truck, Project Specialty Signs, Concrete or Water Filled Barrier Wall, Flagman, Police Officers, Stand by Time, ADA Ramp. Public info directional access signs, radar/speed sensing trailers, and other applicable Intelligent Transportation System type devices. Add'l Terms: Number of days listed on quote is an estimate, customer will be billed for actual days used unless accepted in writing by Canyon State Barricade Service, L.L.C.

Initials ______ Page 1 of 2 Quote For: Boyd Development - Quote ID: [number redacted] (cont.) RECEIVED 03/21/2024 Add'l Terms: Unless otherwise specified,Invoices are payable with Terms of Net 30 Days. ROC LEGAL Quote includes only items listed above, additional devices will be charged seperately. ACCEPTANCE OF PROPOSAL/CONTRACT: Your signature on a copy of this proposal returned to us shall indicate your acceptance, and this document shall become a legally binding contract between us. The Customer is responsible for all collection costs & attorney fees incurred by Canyon State Barricades, LLC., including, but not limited to filing & recording fees, and costs. Initials Invoices will be based off the actual ticketed equipment and / or labor delivered to the job. This quote is valid for 30 days. If work starts after 30 days, then Canyon State Barricade Service LLC reserves the right to nullify this quote and re-quote at its own discretion. Sales tax is not included and will be added to all billings. Tax rate subject to change if the prevailing rate changes. 0% Retention

Accepted By: 9/1/2023 Larry Herrera Date Signature Date Canyon State Barricade Service LLC Print Name Visit Our Website at www.canyonstatebarricades.com Title

Company

Initials ______ Page 2 of 2 March 22, 2024

Via U.S. Mail and Email

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

Canyon State Barricade Service LLC 28264 N 166th Ave Surprise, AZ 85387

Via U.S. Mail and Email

Respondent Boyd Development Company LLC 688 W 1st St Ste 2 Tempe, AZ 85281

Re: Complaint No. 2024-03092

Dear Complainant and Respondent:

The Registrar received a complaint filed against Boyd Development Company LLC 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 March 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, AZ 85005-8244 In-Person: 1700 W. Washington St., Ste. 105, Phoenix, AZ 85007-2812 Email: [email redacted]

The Registrar will not issue a citation before March 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.

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

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

1700 W. Washington Street, Suite 105 · Phoenix, AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov Lg100 4/21 RECEIVED 03/14/2024 ROC LEGAL Non-Payment Complaint Form Departmental Use Only Complaint Number: Mail to: Registrar of Contractors 2024-03092 P.O. Box 18243 Phoenix, AZ 85005-8243

Person Filing Complaint (Payee) Business Name Full Name (First Middle Last) ROC License Number(s) (if any) Larry Larry Herrera Street Address City State Zip Code 28264 N. 166th Ave SURPRISE Arizona 85387 Phone Number Email Address [number redacted] [email redacted] I consent to receive communications electronically in connection with this case

Name of Attorney (if any)

Attorney’s Street Address City State Zip Code

Attorney’s Phone Number Attorney’s Email Address

Licensee Information (Payer) Name (as shown on contracts, invoices, etc.) ROC License Number(s) Boyd Development Company LLC ROC 316026 Street Address City State Zip Code 688 w 1st street ste 2 Tempe AZ 85282 Phone Number Email Address

Name of Person(s) Representing License Jonathan E Boyd Complaint Information Principal Amount Due (excluding interest and fees) Contract Date (if applicable) $13,110.18 January 10, 2024 Have you filed a civil complaint? No List all specific invoices which have not been paid. Attach additional pages if necessary. 10/15/2023 INV #00003191. Due 11/14/2023. Orig. Amount $6,836.80. 3305 S. Bullard Ave 6,836.80 6,836.80 10/22/2023 INV #00003230. Due 11/21/2023. Orig. Amount $6,273.38. 3305 S. Bullard Ave 6,273.38 13,110.18

Certification I certify, upon information and belief, that the above-named licensee has failed to pay monies in excess of seven hundred fifty dollars when due for materials or services rendered in connection with the licensee’s operations as a contractor. I further certify, upon information and belief, that the above-named licensee has the capacity to pay, or has received sufficient monies as payment for the particular construction work project or operation for which the services or materials were rendered or purchased. A.R.S. § 32-1154(A)(10). Printed Name Signature Date Larry Larry Herrera Declaration & Signature I am the Complainant in this Complaint Form or Complainant’s duly authorized representative. I declare under penalty of perjury that the information contained in this Form is true and correct to the best of my knowledge. I further certify that any documents submitted in support of this complaint are true and correct copies of the originals and are accurate to the best of my knowledge. I will assist in the investigation or in the prosecution of the contractor or other parties, and will, if necessary, attend hearings and testify to facts. RECEIVED Printed Name Signature Date 03/14/2024 Larry Larry Herrera ROC LEGAL RECEIVED 03/14/2024 ROC LEGAL Canyon State Barricade Service LLC INVOICE 28264 N. 166th Ave Invoice Date Invoice No. Surprise, AZ 85387 10/15/2023 00003191 602-795-8821 Fax 623-975-8300 Terms: Net 30 ROC #338321

Boyd Development Company Sherri O'Bannon Job ID: 000655 688 W. 1st Street 3305 S. Bullard Ave Suite 2 Estrella Parkway & Bullard Ave Tempe, AZ 85281 Goodyear, AZ

Customer Customer Job No. Customer P.O. No. Period Covered Foreman Name / Phone# BOYDDEVCO 10/9/2023 - 10/15/2023 Ken Fogelstrom 602-361-6009

Date Description From - To Qty Days Total Qty Price Total --------------------- RENTALS ---------------------- 10/10/23 Trailer Mounted Arrowboard 10/10 10/13 2 4 8 $55.00 $440.00

10/09/23 Vertical Panel w/Steady burn light 10/09 10/09 12 1 12 $0.95 $11.40 10/10/23 Vertical Panel w/Steady burn light 10/10 10/13 60 4 240 $0.95 $228.00 10/14/23 Vertical Panel w/Steady burn light 10/14 10/15 15 2 30 $0.95 $28.50

10/09/23 Type I Barricade w/flasher 10/09 10/09 4 1 4 $0.95 $3.80 10/10/23 Type I Barricade w/flasher 10/10 10/13 28 4 112 $0.95 $106.40 10/14/23 Type I Barricade w/flasher 10/14 10/15 8 2 16 $0.95 $15.20

10/09/23 Small Sign 10/09 10/09 3 1 3 $0.72 $2.16 10/10/23 Small Sign 10/10 10/13 9 4 36 $0.72 $25.92 10/14/23 Small Sign 10/14 10/15 3 2 6 $0.72 $4.32

10/09/23 Medium Sign 10/09 10/09 2 1 2 $0.75 $1.50 10/10/23 Medium Sign 10/10 10/13 14 4 56 $0.75 $42.00 10/14/23 Medium Sign 10/14 10/15 5 2 10 $0.75 $7.50

10/09/23 Sign Stand w/Flasher 10/09 10/09 5 1 5 $0.60 $3.00 10/10/23 Sign Stand w/Flasher 10/10 10/13 23 4 92 $0.60 $55.20 10/14/23 Sign Stand w/Flasher 10/14 10/15 7 2 14 $0.60 $8.40

10/09/23 Hi-Level Flagtree w/flasher 10/09 10/09 2 1 2 $2.50 $5.00 10/10/23 Hi-Level Flagtree w/flasher 10/10 10/13 4 4 16 $2.50 $40.00

------- SALES / ONE-TIME CHARGES -------- 10/10/23 Sand Bags 40 40 $4.25 $170.00 10/11/23 Sand Bags 26 26 $4.25 $110.50

10/10/23 Flags with Dowels ( Orange) 24 24 $3.25 $78.00

------------------------ LABOR ----------------------- 10/10/23 2 Techs 1 Truck Labor 4 4 $110.00 $440.00 10/11/23 2 Techs 1 Truck Labor 7.5 7.5 $110.00 $825.00 10/11/23 2 Techs 1 Truck Labor 3.5 3.5 $110.00 $385.00

Page 1 RECEIVED Customer : Boyd Development Company - Job ID: 000655 - Invoice# 00003191 (cont.) 03/14/2024 ROC LEGAL Date Description From - To Qty Days Total Qty Price Total ------------------------ LABOR ----------------------- 10/11/23 2 Techs 1 Truck Labor 5 5 $110.00 $550.00 10/12/23 2 Techs 1 Truck Labor 6.5 6.5 $110.00 $715.00

10/10/23 2 Techs 2 Trucks Labor 8.5 8.5 $130.00 $1,105.00 10/12/23 2 Techs 2 Trucks Labor 5 5 $130.00 $650.00 10/13/23 2 Techs 2 Trucks Labor 6 6 $130.00 $780.00

Note: The * indicates taxable items. EQUIPMENT RENTAL TOTAL $1,028.30 SALES/ONE-TIME CHARGES $358.50 LABOR TOTAL $5,450.00 Please note; a 5% late payment fee per month will SUBTOTAL $6,836.80 automatically be applied to all amounts not paid on SALES TAX (8.6%) $0.00 time. All invoice disputes must be brought to Canyon State Barricades attention within 30 days of date TOTAL CHARGES $6,836.80 of invoice for credits to be given. May be subject to PLEASE PAY THIS AMOUNT $6,836.80 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! RECEIVED 03/14/2024 ROC LEGAL Canyon State Barricade Service LLC INVOICE 28264 N. 166th Ave Invoice Date Invoice No. Surprise, AZ 85387 10/22/2023 00003230 602-795-8821 Fax 623-975-8300 Terms: Net 30 ROC #338321

Boyd Development Company Sherri O'Bannon Job ID: 000655 688 W. 1st Street 3305 S. Bullard Ave Suite 2 Estrella Parkway & Bullard Ave Tempe, AZ 85281 Goodyear, AZ

Customer Customer Job No. Customer P.O. No. Period Covered Foreman Name / Phone# BOYDDEVCO 10/16/2023 - 10/18/2023 Ken Fogelstrom 602-361-6009

Date Description From - To Qty Days Total Qty Price Total --------------------- RENTALS ---------------------- 10/16/23 Vertical Panel w/Steady burn light 10/16 10/18 15 3 45 $0.95 $42.75

10/16/23 Type I Barricade w/flasher 10/16 10/18 8 3 24 $0.95 $22.80

10/16/23 Small Sign 10/16 10/18 3 3 9 $0.72 $6.48

10/16/23 Medium Sign 10/16 10/18 5 3 15 $0.75 $11.25

10/16/23 Sign Stand w/Flasher 10/16 10/18 7 3 21 $0.60 $12.60

------- SALES / ONE-TIME CHARGES -------- 10/16/23 Traffic Control Plan- Design/Submittal 4 4 $65.00 $260.00

10/16/23 City of Goodyear Permit Fee 1 1 $4975.00 $4,975.00

------------------------ LABOR ----------------------- 10/16/23 1 Tech 1 Truck Labor 4.5 4.5 $75.00 $337.50

10/18/23 2 Techs 1 Truck Labor 5.5 5.5 $110.00 $605.00

Note: The * indicates taxable items. EQUIPMENT RENTAL TOTAL $95.88 SALES/ONE-TIME CHARGES $5,235.00 LABOR TOTAL $942.50 Please note; a 5% late payment fee per month will SUBTOTAL $6,273.38 automatically be applied to all amounts not paid on SALES TAX (8.6%) $0.00 time. All invoice disputes must be brought to Canyon State Barricades attention within 30 days of date TOTAL CHARGES $6,273.38 of invoice for credits to be given. May be subject to PLEASE PAY THIS AMOUNT $6,273.38 collection and or legal fees.

We appreciate & Value your business!!

*** Job Complete ***

AZ UTRACS #19406 Page 1 SBE/DBE/ACDBE #20985037 Thank you for your business ! We appreciate & Value your business! RECEIVED 03/14/2024

Canyon State Barricades Statement ROC LEGAL

28264 N 166th Ave Date AZ 85387 3/14/2024

To: Boyd Development Company 688 W. 1st St., Ste. #2 Tempe, AZ 85282

Amount Due Amount Enc. $13,110.18

Date Transaction Amount Balance

10/15/2023 INV #00003191. Due 11/14/2023. Orig. Amount $6,836.80. 3305 S. 6,836.80 6,836.80 Bullard Ave 10/22/2023 INV #00003230. Due 11/21/2023. Orig. Amount $6,273.38. 3305 S. 6,273.38 13,110.18 Bullard Ave

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

0.00 0.00 0.00 0.00 13,110.18 $13,110.18 RECEIVED 03/19/2024 ROC LEGAL

CONTINUING AGREEMENT BETWEEN CONTRACTOR AND SUBCONTRACTOR

RECEIVED 03/19/2024 4. Subcontractor’s Performance. ROC LEGAL 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.

10. Work Inspection. The Subcontractor shall permit and facilitate an inspection of any Work by Contractor of Subcontractor’s agents, and public authorities at all times.

11. Nonassignment. Subcontractor shall not assign or sublet this Contract as a whole without the prior written consent of the Contractor.

Boyd Development Company. __ _ _Canyon State Barricade Service LLC__ ___ ___________________ _ GENERAL CONTRACTOR SUBCONTRACTOR

By: _________________________________ By: _________________________________

Larry Herrera- General Manager ________________________________ Jonathan Boyd Principal _________________________________ Printed Name Title Printed Name Title

RECEIVED 03/19/2024 ROC LEGAL

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.

RECEIVED QUOTATION Canyon State Barricade Service LLC 03/21/2024 Quote Date ROCIDLEGAL Quote 28264 N. 166th Ave 9/1/2023 [number redacted] Surprise, AZ 85387 602-795-8821 Valid Through: 4/20/2024

Fax 623-975-8300 ROC #338321

Boyd Development Jon Boyd Job Location: 3025 S. Bullard Goodyear Quote Created By: Larry Herrera Estimated Days: 30

Thank you for the opportunity to provide you with a traffic control estimate!! We appreciate it very much!!

Accepted By: 9/1/2023 Larry Herrera Date Signature Date Canyon State Barricade Service LLC Print Name Visit Our Website at www.canyonstatebarricades.com Title

Company

Initials ______ Page 2 of 2 a LEGAL RECEIVED 03/28/2024

Boyd Development Company

Date: March 27, 2024 To: Arizona Registrar of Contractors RE: Complaint No. 2024-03092

Dear Compliance Officer,

This letter is in response to the filed complaint by Canyon State Barricade services regarding Boyd Development Contractors license. In review the complaint records we show no signed contract as they have present. In addition, the dates of the signed contract are after the work. The Agreement dated January 10, 2024, from Canyon State Barricade was not executed by Boyd Development and appears to be forged with the owner's name via electronic signature on the Agreement. Canyon State Barricade's contract was with High Adventure Construction, not Boyd Development per our records. Please dismiss this complaint filed on Boyd Development for sending forged documents to the ROC. We have reached out to Larry, our Canyon State Barricade, to resolve this matter outside of the ROC.

Please reach out with any questions.

Jonathan Boyd

Owner Boyd Development Construction, LLC. -480-681-7309 C -480-250-4244

Boyd Development Company• ROC #316026 688 W 1 st St, Ste. #2 • Tempe, AZ 85281 • Office: 480-681-7309 3/29/24, 2:07 PM State of Arizona Mail - Complaint No. 2024-03092 LEGAL RECEIVED 03/28/2024

Legal New Mail - AZROC <[email redacted]>

Complaint No. 2024-03092 message

Sherri O'Bannon <[email redacted]> Thu, Mar 28, 2024 at 9:41 AM To: "[email redacted]" <[email redacted]> Cc: Jonathan Boyd <[email redacted]>

The attached letter is in response to the complaint filed against Boyd Development. Please reach out to Jonathan Boyd if you have any questions. He can be reached at 480-250-4244 or via email.

We are thrilled to announce that we are transitioning our corporate office to a new location. Our new address is:

17770 N. Pacesetter Way

Scottsdale, AZ 85255

Please send all correspondence to the new address above effective immediately.

We look forward to continuing to serve you in our new space

Thank you,

Response to ROC Complaint No. 2024-03092.pdf 20K

https://mail.google.com/mail/b/AEoRXRRigVZyOg24bPg5zpV21_U8j0Kp7IPR8c698D9MdbBvKo0P/u/0/?ik=d3afebeda9&view=pt&search=all&permth… 1/1 RECEIVED 04/05/2024 ROC LEGAL Katelyn Rolling <[email redacted]>

FW: Goodyear Self Storage - Bullard Temp Patch and Valve adjustment messages

Larry Herrera <[email redacted]> Tue, Apr 2, 2024 at 6:43 PM To: Katelyn Rolling <[email redacted]> Cc: Larry Herrera <[email redacted]>, Amber Managhan <[email redacted]>

Hi Katelyn, please see email thread of Boyd development requesting service & barricades for the Goodyear project.

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

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

---------- Forwarded message ---------- From: Jonathan Boyd <[email redacted]> To: Larry Herrera <[email redacted]>, Seneca House <[email redacted]>, Danny Maldonando <[email redacted]>, Rob Butts <[email redacted]> Cc: Bcc: Date: Wed, 11 Oct 2023 18:13:05 +0000 RECEIVED Subject: RE: Goodyear Self Storage - Bullard Temp Patch and Valve adjustment 04/05/2024 ROC LEGAL Larry

Whats eta for barricades to be moved today to finishing paving. Everyone is here waiting. I tried to call by goes to voicemail.

From: Larry Herrera <[email redacted]> Sent: Tuesday, October 10, 2023 5:55 PM To: Seneca House <[email redacted]>; Danny Maldonando <[email redacted]>; Rich Maxwel <[email redacted]>; Rob Butts <[email redacted]> Cc: Jonathan Boyd <[email redacted]> Subject: Re: Goodyear Self Storage - Bullard Temp Patch and Valve adjustment

It has been delivered . Had to reset the traffic control.

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

Connect with us online & social media!

imageimageimageimageimageimageimageimageimage

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 RECEIVED from disclosure under applicable law. If you are not the intended recipient, you are hereby notified that any disclosure, 04/05/2024 copying, distribution, or use of this information is strictly prohibited, and may be subject to legal sanctions and/or ROC LEGAL 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: Seneca House <[email redacted]> Sent: Tuesday, October 10, 2023 5:30:56 PM To: Larry Herrera <[email redacted]>; Danny Maldonando <[email redacted]>; Rich Maxwel <[email redacted]>; Rob Butts <[email redacted]> Cc: Jonathan Boyd <[email redacted]> Subject: Re: Goodyear Self Storage - Bullard Temp Patch and Valve adjustment

Hi Larry,

Any update on the sign?

Get Outlook for iOS

From: Seneca House <[email redacted]> Sent: Tuesday, October 10, 2023 3:17:47 PM To: Larry Herrera <[email redacted]>; Danny Maldonando <[email redacted]>; Rich Maxwel <[email redacted]>; Rob Butts <[email redacted]> Cc: Jonathan Boyd <[email redacted]> Subject: Re: Goodyear Self Storage - Bullard Temp Patch and Valve adjustment

Alright, perfect thank you.

Get Outlook for iOS

From: Larry Herrera <[email redacted]> Sent: Tuesday, October 10, 2023 3:14:18 PM To: Seneca House <[email redacted]>; Danny Maldonando <[email redacted]>; Rich Maxwel <[email redacted]>; Rob Butts <[email redacted]> Cc: Jonathan Boyd <[email redacted]> Subject: RE: Goodyear Self Storage - Bullard Temp Patch and Valve adjustment

I have on on its way! Will send pictures once placed, thank you!!

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 RECEIVED M: 602.725.7488 O: 602.795.8821 04/05/2024 ROC LEGAL

Connect with us online & social media!

Image removed by sender.

From: Seneca House <[email redacted]> Sent: Tuesday, October 10, 2023 2:19 PM To: Larry Herrera <[email redacted]>; Danny Maldonando <[email redacted]>; Rich Maxwel <[email redacted]>; Rob Butts <[email redacted]> Cc: Jonathan Boyd <[email redacted]> Subject: RE: Goodyear Self Storage - Bullard Temp Patch and Valve adjustment

Good afternoon Larry,

After meeting with the City Inspector today. We need to have an arrow traffic sign brought out to the site and installed at the North side of the Building per the City requirements.

Can you please drop off this sign today before 3:00PM? This is an urgent matter.

Thank you,

From: Larry Herrera <[email redacted]> Sent: Tuesday, October 3, 2023 6:17 PM To: Jonathan Boyd <[email redacted]>; Rich Maxwel <[email redacted]>; Rob Butts <[email redacted]>; Seneca House <[email redacted]>; Danny Maldonando <[email redacted]> Cc: Victor Garcia <[email redacted]> Subject: RE: Goodyear Self Storage - Bullard Temp Patch and Valve adjustment

We’re ready, we sent the attached plans to Bob as well. RECEIVED 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 04/05/2024 advance for your time!! ROC LEGAL

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

Connect with us online & social media!

Image removed by sender. Image removed by sender.

From: Jonathan Boyd <[email redacted]> Sent: Tuesday, October 3, 2023 3:12 PM To: Larry Herrera <[email redacted]>; Rich Maxwel <[email redacted]>; Rob Butts <[email redacted]>; Seneca House <[email redacted]>; Danny Maldonando <[email redacted]> Cc: Victor Garcia <[email redacted]> Subject: Goodyear Self Storage - Bullard Temp Patch and Valve adjustment

All,

Want to confirm for Victor at the city that we are all set for the 10th to fix the temp asphalt on north side of the bullard S bound and the Valve on the West entrance. I have included Larry with Canyon Barricades on the email as well. Please confirm we are ready to go as discussed. Any questions please call my cell

Jonathan

Cell 480-250-4244

RE: Goodyear Self Storage - Bullard Temp Patch and Valve adjustment.eml 90K RECEIVED 04/05/2024 ROC LEGAL

Katelyn Rolling <[email redacted]> Wed, Apr 3, 2024 at 7:59 AM To: Larry Herrera <[email redacted]> Cc: Amber Managhan <[email redacted]>

Hello Mr. Herrera,

Can you please send the attachment as a pdf?

Katelyn Rolling Legal Assistant II Arizona Registrar of Contractors 1700 W Washington St Ste 105 Phoenix, AZ 85007 (602) 542-1525

[Quoted text hidden]

Katelyn Rolling <[email redacted]> Fri, Apr 5, 2024 at 8:28 AM To: Larry Herrera <[email redacted]> Cc: Amber Managhan <[email redacted]>

Larry,

Can you please send the attachment as a pdf?

Katelyn Rolling Legal Assistant II Arizona Registrar of Contractors 1700 W Washington St Ste 105 Phoenix, AZ 85007 (602) 542-1525

[Quoted text hidden]

Larry Herrera <[email redacted]> Fri, Apr 5, 2024 at 9:04 AM To: Katelyn Rolling <[email redacted]> Cc: Amber Managhan <[email redacted]>

Good morning , please see pdf attacthement. RECEIVED 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 04/05/2024 advance for your time!! ROC LEGAL

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

Connect with us online & social media!

[Quoted text hidden]

Boyd Developement Emails.pdf 994K RECEIVED 04/05/2024 ROC LEGAL Larry Herrera

From: Jonathan Boyd <[email redacted]> Sent: Wednesday, October 11, 2023 11:13 AM To: Larry Herrera; Seneca House; Danny Maldonando; Rob Butts Subject: RE: Goodyear Self Storage - Bullard Temp Patch and Valve adjustment

Larry Whats eta for barricades to be moved today to finishing paving. Everyone is here waiting. I tried to call by goes to voicemail.

It has been delivered . Had to reset the traffic control.

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

Connect with us online & social media!

imageimageimageimageimageimageimageimageimage

RECEIVED 04/05/2024 ROC LEGAL From: Seneca House <[email redacted]> Sent: Tuesday, October 10, 2023 5:30:56 PM To: Larry Herrera <[email redacted]>; Danny Maldonando <[email redacted]>; Rich Maxwel <[email redacted]>; Rob Butts <[email redacted]> Cc: Jonathan Boyd <[email redacted]> Subject: Re: Goodyear Self Storage - Bullard Temp Patch and Valve adjustment

Hi Larry, Any update on the sign?

Get Outlook for iOS

Alright, perfect thank you.

Get Outlook for iOS

I have on on its way! Will send pictures once placed, thank you!!

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

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 RECEIVED 04/05/2024 the intended recipient, you are hereby notified that any disclosure, copying, distribution, or use of this information is strictly prohibited, and ROCmayLEGAL 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

Good afternoon Larry, After meeting with the City Inspector today. We need to have an arrow traffic sign brought out to the site and installed at the North side of the Building per the City requirements.

Can you please drop off this sign today before 3:00PM? This is an urgent matter.

Thank you,

We’re ready, we sent the attached plans to Bob as well.

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 04/05/2024 ROC LEGAL From: Jonathan Boyd <[email redacted]> Sent: Tuesday, October 3, 2023 3:12 PM To: Larry Herrera <[email redacted]>; Rich Maxwel <[email redacted]>; Rob Butts <[email redacted]>; Seneca House <[email redacted]>; Danny Maldonando <[email redacted]> Cc: Victor Garcia <[email redacted]> Subject: Goodyear Self Storage - Bullard Temp Patch and Valve adjustment

All, Want to confirm for Victor at the city that we are all set for the 10 th to fix the temp asphalt on north side of the bullard S bound and the Valve on the West entrance. I have included Larry with Canyon Barricades on the email as well. Please confirm we are ready to go as discussed. Any questions please call my cell

Jonathan Cell 480-250-4244

4/5/24, 1:29 PM State of Arizona Mail - Complaint No. 2024-03092

Legal New Mail - AZROC <[email redacted]>

Complaint No. 2024-03092 messages

Sherri O'Bannon <[email redacted]> Thu, Mar 28, 2024 at 9:41 AM To: "[email redacted]" <[email redacted]> Cc: Jonathan Boyd <[email redacted]>

The attached letter is in response to the complaint filed against Boyd Development. Please reach out to Jonathan Boyd if you have any questions. He can be reached at 480-250-4244 or via email.

We are thrilled to announce that we are transitioning our corporate office to a new location. Our new address is:

17770 N. Pacesetter Way

Scottsdale, AZ 85255

Please send all correspondence to the new address above effective immediately.

We look forward to continuing to serve you in our new space

Thank you,

Response to ROC Complaint No. 2024-03092.pdf 20K

Legal New Mail - AZROC <[email redacted]> Fri, Mar 29, 2024 at 2:10 PM To: Sherri O'Bannon <[email redacted]> Cc: Jonathan Boyd <[email redacted]>

Received, ROC Legal Department

Thank you,

Arizona Registrar of Contractors Legal Department https://mail.google.com/mail/b/AEoRXRRY5Vulbm3qwKaiab7OvnQJH6blpKGtFcx29ChAEihBpTRV/u/0/?ik=d3afebeda9&view=pt&search=all&permth… 1/4 4/5/24, 1:29 PM State of Arizona Mail - Complaint No. 2024-03092

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

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Sherri O'Bannon <[email redacted]> Fri, Mar 29, 2024 at 2:43 PM To: Legal New Mail - AZROC <[email redacted]> Cc: Jonathan Boyd <[email redacted]>

Thank you for the confirmation.

We are thrilled to announce that we are transitioning our corporate office to a new location. Our new address is:

17770 N. Pacesetter Way

Scottsdale, AZ 85255

Please send all correspondence to the new address above effective immediately.

We look forward to continuing to serve you in our new space

Thank you,

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Sherri O'Bannon <[email redacted]> Fri, Apr 5, 2024 at 10:11 AM To: Legal New Mail - AZROC <[email redacted]> Cc: Jonathan Boyd <[email redacted]>

Good morning,

Can you please provide an update on this complaint?

https://mail.google.com/mail/b/AEoRXRRY5Vulbm3qwKaiab7OvnQJH6blpKGtFcx29ChAEihBpTRV/u/0/?ik=d3afebeda9&view=pt&search=all&permth… 2/4 4/5/24, 1:29 PM State of Arizona Mail - Complaint No. 2024-03092

We are thrilled to announce that we are transitioning our corporate office to a new location. Our new address is:

17770 N. Pacesetter Way

Scottsdale, AZ 85255

Please send all correspondence to the new address above effective immediately.

We look forward to continuing to serve you in our new space

Thank you,

Sherri O'Bannon | O f f i c e M a n a g e r / H R Boyd Development Company, L.L.C.

Email: [email redacted] D: (480) 332-4462 O: (480) 681-7309 Ext 103 Arizona Office: 17770 N Pacesetter Way, Scottsdale, AZ, 85255

www.boyddevco.com

From: [email redacted] <[email redacted]> On Behalf Of Legal New Mail - AZROC Sent: Friday, March 29, 2024 2:11 PM To: Sherri O'Bannon <[email redacted]> Cc: Jonathan Boyd <[email redacted]> Subject: Re: Complaint No. 2024-03092

Received, ROC Legal Department

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Legal New Mail - AZROC <[email redacted]> Fri, Apr 5, 2024 at 1:28 PM To: Sherri O'Bannon <[email redacted]>

Good afternoon. The case is under review for a citation. You will receive notice if one is issued or if the matter is closed.

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!

https://mail.google.com/mail/b/AEoRXRRY5Vulbm3qwKaiab7OvnQJH6blpKGtFcx29ChAEihBpTRV/u/0/?ik=d3afebeda9&view=pt&search=all&permth… 3/4 4/5/24, 1:29 PM State of Arizona Mail - Complaint No. 2024-03092

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https://mail.google.com/mail/b/AEoRXRRY5Vulbm3qwKaiab7OvnQJH6blpKGtFcx29ChAEihBpTRV/u/0/?ik=d3afebeda9&view=pt&search=all&permth… 4/4 REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA

Canyon State Barricade Service LLC, Case No. 2024-03092 COMPLAINANT, v.

Boyd Development Company LLC, CITATION License No. ROC 316026,

RESPONDENT.

The Registrar issues this Citation to Boyd Development Company LLC (“Respondent”) under A.R.S. § 32-1155(A). If Respondent fails to answer this Citation by May 8, 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 March 14, 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

of 5 1700 W. Washington Street, Suite 105 · Phoenix, AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov Lg101 8/21 $750 when due for materials or services rendered in connection with the licensee’s operations 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. 2024-03092. 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, AZ 85007-2812 Mail: P.O. Box 18244, Phoenix, AZ 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 May 8, 2024. This deadline is calculated under A.R.S. §§ 32-1155(A) and (B), which provides a

of 5 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

of 5 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 April 23, 2024. By: /s/ Chance Peterson Chance Peterson General Counsel Legal Department Arizona Registrar of Contractors

COPY of the foregoing mailed by Certified Mail, Return Receipt Requested, April 23, 2024 to: Respondent Certified Mail No: [number redacted] Boyd Development Company LLC 688 W 1st St Ste 2 Tempe, AZ 85281

of 5 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 Boyd Development Company LLC 688 W 1st St Ste 2 Tempe, AZ 85281 Complainant Canyon State Barricade Service LLC 3745 W Lupine Ave Maricopa, AZ 85029 Canyon State Barricade Service LLC 28264 N 166th Ave Surprise, AZ 85387

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. 2024-03092 / KR

of 5 1700 W. Washington Street, Suite 105 · Phoenix, AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov Lg101 8/21 RECEIVED 03/14/2024 ROC LEGAL Non-Payment Complaint Form Departmental Use Only Complaint Number: Mail to: Registrar of Contractors 2024-03092 P.O. Box 18243 Phoenix, AZ 85005-8243