2024A-03093-NPC-ROC Notice of Hearing and Packet MAILED

2024A-03093-NPC-ROC · Registrar of Contractors · 2024-05-23

REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA

Canyon State Barricade Service LLC, Case No. 2024-03093

COMPLAINANT, Docket No. 2024A-03093-NPC-ROC

v. NOTICE OF HEARING ON CONTESTED CASE Villa Utility Construction, LLC License No. ROC 331280,

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

HEARING INFORMATION The hearing is set for:

July 2, 2024 9:00 AM Velva Moses-Thompson 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 11, 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 May 23, 2024.

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

Copy mailed via USPS First Class mail May 23, 2024 to:

Respondent(s) Villa Utility Construction, LLC 7900 W Alex Ave Peoria, AZ 85382

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. 2024-03093 /

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

March 18, 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 Villa Utility Construction, LLC 7900 W Alex Ave Peoria, AZ 85382

Re: Complaint No. 2024-03093

Dear Complainant and Respondent:

The Registrar received a complaint filed against Villa Utility Construction, 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 25, 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 March 25, 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/ Tedi Quezada _________________ Tedi Quezada

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

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

This continuing agreement between Contractor and Subcontractor is by and between Canyon State Barricade Service LLC and ____VILLA UTILITY CONSTRUCTION LLC. 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.

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.

Customer : Villa Utility Construction, LLC. - Job ID: 000750 - Invoice# 00003606 (cont.) Note: The * indicates taxable items. EQUIPMENT RENTAL TOTAL $572.00 SALES/ONE-TIME CHARGES $0.00 LABOR TOTAL $5,060.00 Please note; a 5% late payment fee per month will SUBTOTAL $5,632.00 automatically be applied to all amounts not paid on SALES TAX (8.6%) $484.35 time. All invoice disputes must be brought to Canyon State Barricades attention within 30 days of date TOTAL CHARGES $6,116.35 of invoice for credits to be given. May be subject to PLEASE PAY THIS AMOUNT $6,116.35 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 : Villa Utility Construction, LLC. - Job ID: 000750 - Invoice# 00003664 (cont.) Note: The * indicates taxable items. EQUIPMENT RENTAL TOTAL $165.40 SALES/ONE-TIME CHARGES $124.00 LABOR TOTAL $1,903.75 Please note; a 5% late payment fee per month will SUBTOTAL $2,193.15 automatically be applied to all amounts not paid on SALES TAX (8.6%) $188.61 time. All invoice disputes must be brought to Canyon State Barricades attention within 30 days of date TOTAL CHARGES $2,381.76 of invoice for credits to be given. May be subject to PLEASE PAY THIS AMOUNT $2,381.76 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! REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA

Case No. 2024-03093 Canyon State Barricade Service LLC,

COMPLAINANT, v. CITATION Villa Utility Construction, LLC License No. ROC 331280,

RESPONDENT.

The Registrar issues this Citation to Villa Utility Construction, LLC (“Respondent”)

under A.R.S. § 32-1155(A). If Respondent fails to answer this Citation by April 26, 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 $750 when due for materials or services rendered in connection with the licensee's operations as a contractor unless the

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1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov Lg101 8/21 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. 2024-03093. 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 26, 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 April 11, 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, April 11, 2024 to:

Respondent Certified Mail No: [number redacted]

Villa Utility Construction, LLC 7900 W Alex Ave Peoria, AZ 85382

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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 Villa Utility Construction, LLC 7900 W Alex Ave Peoria, AZ 85382 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. 2024-03093/tq

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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 March 18, 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 Villa Utility Construction, LLC 7900 W Alex Ave Peoria, AZ 85382

Re: Complaint No. 2024-03093

Dear Complainant and Respondent:

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 March 25, 2024 and will review Respondent’s response, if one is submitted.

Sincerely,

/s/ Tedi Quezada _________________ Tedi Quezada

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

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

We appreciate & Value your business!!

*** Job Not Complete ***

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 4/26/2024 ROC Legal

Villa Utility Construction

April 26, 2024

7900 W Alex Ave Peoria AZ 85382

Written Answer to Citation and Complaint Case # 2024-03093

Dear Sir/Madam

This letter is in response to Canyon Barricade's complaint regarding unpaid invoices. We wish to dispute some of the charges or seek clarification, as we could not resolve everything during our previous contact with the company. We intend to pay for the services rendered, but we want to ensure we pay a fair amount for the services and equipment. To show our good faith, we mailed CBS check #2026 for $2,000.00 on March 12, 2024. However, we had trouble reaching Amber, whom we were directed to handle the account. We then emailed her to set up a phone call arrangement, but when she called at the specified time in the day, we specified we would not be available. We promptly emailed her to reschedule, but we never received a response. When we tried to call the number on hand, it was not in service.

To provide you with a better context, we requested Canyon Barricade Services to extend the existing 24-hour closure they had set up and maintained for another company in the same area where we were working. This request was made by an inspector. The closure extension they would set up would be approximately 1100 feet to close the #3 lane from E Los Altos Rd & Power Rd. Per Ubaldo, and the field supervisor, Samy stated, this setup was left as a 24-hour closure and was not removed or reset every day.

Initially, we spoke to Larry Herrera, the owner of Canyon Barricade Services, and asked for pricing information for a specific setup. He agreed to provide the information to Villa Utility Construction, but we only received the invoices later. After reviewing the invoices, we identified discrepancies we needed to clarify with Larry. Received 4/26/2024 ROC Legal

We communicated with Larry over the phone and questioned the invoice. During our conversation, we were able to correct some things and that’s why they issued a credit. We also discovered that 15 vertical panels were missing from the setup, and we advised him to add them to the belonging invoices 3523 and 3550. However, billing had already been submitted, so he would modify the February invoices to include this missed charge.

In February, we requested a turn lane closure, and after receiving the invoices with the charges, it seemed excessive. The invoices show more equipment than needed for this closure type, and the labor cost is exceptionally high. This closure had 24-hour VPS set up for the other contractor, so when closing the turn lane, they didn’t need to set up the entire closure, making unnecessary use of two techs to do this setup.

We have placed notes on each invoice and attached emails for your review. We are also including a map of where the setup took place for your reference, which should clarify the situation.

We hope this letter provides the necessary details to resolve the outstanding invoice issues. We appreciate your attention to this matter and look forward to hearing back from you and requesting an informal settlement conference with Canyon Barricade Services.

Sincerely,

Villa Utility Construction, LLC Received 4/26/2024 Legend ROC Legal Untitled Map Write a description for your map. S Power Rd & E Los Altos Rd

MPH Taper: 540ft 15-20Vps

Work Area 1,100 25 VPs Total 45 VPs

Our Work area about 1,100 ft Speed Limit 45 MPH Closed Lane #3 January set up

Turn lane closure request for the month of February for Villa

Turn Lane was maintained open for other Contractor and Lane #3 was closed or them

Turn Lane aprox 420 ft

➤ N Image Landsat / Copernicus 800 ft Received 4/26/2024 ROC Legal

Canyon State Barricade Service LLC E-INVOICE 28264 N. 166th Ave Invoice Date Invoice No. Surprise, AZ 85387 1/14/2024 00003523 602-795-8821 Fax 623-975-8300 Terms: Net 30 ROC #338321

Villa Utility Construction, LLC. Ubaldo Villa Job ID: 000750 7900 W. Alex Ave Power Rd & Los Altos Peoria, AZ 85382 Power Rd & Germann Rd Town Of Gilbert, AZ

Customer Customer Job No. Customer P.O. No. Period Covered Foreman Name / Phone# VILLAUTILI 1/12/2024 - 1/14/2024 Ubaldo Villa 602-363-8092

Date Description From - To Qty Days Total Qty Price Total --------------------- RENTALS ---------------------- 01/12/24 Trailer Mounted Arrowboard * 01/12 01/14 1 3 3 $55.00 $165.00

01/12/24 Vertical Panel w/Steady burn light * 01/12 01/14 25 3 75 $0.95 $71.25

01/12/24 Type I Barricade w/flasher * 01/12 01/14 12 3 36 $0.95 $34.20

01/12/24 Small Sign * 01/12 01/14 3 3 9 $0.85 $7.65

01/12/24 Medium Sign * 01/12 01/14 6 3 18 $0.95 $17.10

01/12/24 Sign Stand w/Flasher * 01/12 01/14 9 3 27 $1.50 $40.50

01/12/24 Hi-Level Flagtree w/flasher * 01/12 01/14 1 3 3 $2.50 $7.50

------- SALES / ONE-TIME CHARGES -------- 01/12/24 Sand Bags * 20 20 $4.25 $85.00

01/12/24 Flags with Dowels ( Orange) * 12 12 $3.25 $39.00

------------------------ LABOR ----------------------- 01/12/24 2 Techs 1 Truck Labor * 3.5 3.5 $110.00 $385.00 01/12/24 2 Techs 1 Truck Labor * 4.5 4.5 $110.00 $495.00

Note: The * indicates taxable items. EQUIPMENT RENTAL TOTAL $343.20 SALES/ONE-TIME CHARGES $124.00 LABOR TOTAL $880.00 Please note; a 5% late payment fee per month will SUBTOTAL $1,347.20 automatically be applied to all amounts not paid on SALES TAX (8.6%) $115.86 time. All invoice disputes must be brought to Canyon State Barricades attention within 30 days of date TOTAL CHARGES $1,463.06 of invoice for credits to be given. May be subject to During a phone collection andconversation or legal fees. with Lary, it was mentioned that an PLEASE PAY THIS AMOUNT $1,463.06 invoice was missing 15 VPs. I suggested that he should correct it, butWe heappreciate stated that&itValue had already been processed and that the your business!! additional equipment would be included in the invoices for February to balance it out. However, upon calculating, it was *** Job Not Complete Flashers/steady *** lights found that this amount was not even. As a result, AZ anUTRACS email was#19406 are standards for 24- Page 1 hour set up. sent to him regardingSBE/DBE/ACDBE this issue. The attached email provides #20985037 Thank you for your business ! We appreciate & Value your business!

further details. Received 4/26/2024 ROC Legal

Canyon State Barricade Service LLC E-INVOICE 28264 N. 166th Ave Invoice Date Invoice No. Surprise, AZ 85387 1/21/2024 00003550 602-795-8821 Fax 623-975-8300 Terms: Net 30 ROC #338321

Villa Utility Construction, LLC. Ubaldo Villa Job ID: 000750 7900 W. Alex Ave Power Rd & Los Altos Peoria, AZ 85382 Power Rd & Germann Rd Town Of Gilbert, AZ

Customer Customer Job No. Customer P.O. No. Period Covered Foreman Name / Phone# VILLAUTILI 1/15/2024 - 1/21/2024 Ubaldo Villa 602-363-8092

Date Description From - To Qty Days Total Qty Price Total --------------------- RENTALS ---------------------- 01/15/24 Trailer Mounted Arrowboard * 01/15 01/21 1 7 7 $55.00 $385.00

01/15/24 Vertical Panel w/Steady burn light * 01/15 01/21 25 7 175 $0.95 $166.25

01/15/24 Type I Barricade w/flasher * 01/15 01/21 12 7 84 $0.95 $79.80

01/15/24 Small Sign * 01/15 01/21 3 7 21 $0.85 $17.85

01/15/24 Medium Sign * 01/15 01/21 6 7 42 $0.95 $39.90

01/15/24 Sign Stand w/Flasher * 01/15 01/21 9 7 63 $1.50 $94.50

01/15/24 Hi-Level Flagtree w/flasher * 01/15 01/21 1 7 7 $2.50 $17.50

------------------------ LABOR ----------------------- 01/15/24 2 Techs 1 Truck Labor * 4.5 4.5 $110.00 $495.00 01/17/24 2 Techs 1 Truck Labor * 4 4 $110.00 $440.00 01/17/24 2 Techs 1 Truck Labor * 4.5 4.5 $110.00 $495.00 01/19/24 2 Techs 1 Truck Labor * 4.25 4.25 $110.00 $467.50 01/19/24 2 Techs 1 Truck Labor * 4 4 $110.00 $440.00 01/21/24 2 Techs 1 Truck Labor * 4.5 4.5 $110.00 $495.00

Note: The * indicates taxable items. EQUIPMENT RENTAL TOTAL $800.80 SALES/ONE-TIME CHARGES $0.00 LABOR TOTAL $2,832.50 Please note; a 5% late payment fee per month will SUBTOTAL $3,633.30 automatically be applied to all amounts not paid on SALES TAX (8.6%) $312.46 time. All invoice disputes must be brought to Canyon State Barricades attention within 30 days of date TOTAL CHARGES $3,945.76 of invoice for credits to be given. May be subject to PLEASE PAY THIS AMOUNT $3,945.76 Wecollection were credited and orfor thefees. legal labor and equipment charges for the period between 01/20 to 01/21 because the equipment was not We appreciate & Value your business!! rented due to being called off. However, we are disputing the two technician labor charges as the field supervisor confirmed that the setup was left overnight and not removed on a daily basis. *** Job Complete ***Flashers/steady lights AZ UTRACS #19406 are standards for 24- Page 1 hour SBE/DBE/ACDBE #20985037 Thank you for your business ! We appreciate & Value setbusiness! your up. Received 4/26/2024 ROC Legal

Canyon State Barricade Service LLC E-INVOICE 28264 N. 166th Ave Invoice Date Invoice No. Surprise, AZ 85387 2/4/2024 00003574 602-795-8821 Fax 623-975-8300 Terms: Net 30 ROC #338321

Villa Utility Construction, LLC. Ubaldo Villa Job ID: 000750 7900 W. Alex Ave Power Rd & Los Altos Peoria, AZ 85382 Power Rd & Germann Rd Town Of Gilbert, AZ

Customer Customer Job No. Customer P.O. No. Period Covered Foreman Name / Phone# VILLAUTILI 1/22/2024 - 2/4/2024 Ubaldo Villa 602-363-8092

Date Description From - To Qty Days Total Qty Price Total --------------------- RENTALS ---------------------- 02/02/24 Trailer Mounted Arrowboard * 02/02 02/04 1 3 3 $55.00 $165.00

02/02/24 Vertical Panel w/Steady burn light * 02/02 02/04 25 3 75 $0.95 $71.25

02/02/24 Type I Barricade w/flasher * 02/02 02/04 12 3 36 $0.95 $34.20

02/02/24 Small Sign * 02/02 02/04 3 3 9 $0.85 $7.65

02/02/24 Medium Sign * 02/02 02/04 6 3 18 $0.95 $17.10

02/02/24 Sign Stand w/Flasher * 02/02 02/04 9 3 27 $1.50 $40.50

02/02/24 Hi-Level Flagtree w/flasher * 02/02 02/04 1 3 3 $2.50 $7.50

------- SALES / ONE-TIME CHARGES -------- 02/02/24 Sand Bags * 20 20 $4.25 $85.00

02/02/24 Flags with Dowels ( Orange) * 12 12 $3.25 $39.00

------------------------ LABOR ----------------------- 02/02/24 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

I am Wedisputing the& charges appreciate on business!! Value your this invoice because a turn lane is a smaller area that doesn't require as much equipment as mentioned in the invoice. Moreover, the VPS was placed for the *** Job Not Complete Flashers/steady *** lights other contractor as a 24-hour setup, so I am confused why we AZ UTRACS are #19406 are standards for 24- Page 1 hour set up. sending two technicians to close it. SBE/DBE/ACDBE #20985037 Thank you for your business ! We appreciate & Value your business! Received 4/26/2024 ROC Legal

Canyon State Barricade Service LLC E-INVOICE 28264 N. 166th Ave Invoice Date Invoice No. Surprise, AZ 85387 2/11/2024 00003606 602-795-8821 Fax 623-975-8300 Terms: Net 30 ROC #338321

Villa Utility Construction, LLC. Ubaldo Villa Job ID: 000750 7900 W. Alex Ave Power Rd & Los Altos Peoria, AZ 85382 Power Rd & Germann Rd Town Of Gilbert, AZ

Customer Customer Job No. Customer P.O. No. Period Covered Foreman Name / Phone# VILLAUTILI 2/5/2024 - 2/11/2024 Ubaldo Villa 602-363-8092

Date Description From - To Qty Days Total Qty Price Total --------------------- RENTALS ---------------------- 02/05/24 Trailer Mounted Arrowboard * 02/05 02/09 1 5 5 $55.00 $275.00

02/05/24 Vertical Panel w/Steady burn light * 02/05 02/09 25 5 125 $0.95 $118.75

02/05/24 Type I Barricade w/flasher * 02/05 02/09 12 5 60 $0.95 $57.00

02/05/24 Small Sign * 02/05 02/09 3 5 15 $0.85 $12.75

02/05/24 Medium Sign * 02/05 02/09 6 5 30 $0.95 $28.50

02/05/24 Sign Stand w/Flasher * 02/05 02/09 9 5 45 $1.50 $67.50

02/05/24 Hi-Level Flagtree w/flasher * 02/05 02/09 1 5 5 $2.50 $12.50

------------------------ LABOR ----------------------- 02/05/24 2 Techs 1 Truck Labor * 4.5 4.5 $110.00 $495.00 02/05/24 2 Techs 1 Truck Labor * 4.5 4.5 $110.00 $495.00 02/06/24 2 Techs 1 Truck Labor * 4.5 4.5 $110.00 $495.00 02/06/24 2 Techs 1 Truck Labor * 4 4 $110.00 $440.00 02/07/24 2 Techs 1 Truck Labor * 4 4 $110.00 $440.00 02/07/24 2 Techs 1 Truck Labor * 4.5 4.5 $110.00 $495.00 02/08/24 2 Techs 1 Truck Labor * 4.5 4.5 $110.00 $495.00 02/08/24 2 Techs 1 Truck Labor * 5 5 $110.00 $550.00 02/09/24 2 Techs 1 Truck Labor * 5.5 5.5 $110.00 $605.00 02/09/24 2 Techs 1 Truck Labor * 5 5 $110.00 $550.00

Right Turn Lane Closure Flashers/steady lights are standards for 24- hour set up. I am disputing the charges on this invoice because a turn lane is a smaller area that doesn't require as much equipment as We did request for the mentioned in the invoice. Moreover, the VPS was placed for the TRNLN be ioend and other contractor as a 24-hour setup, so I am confused why we are closed on the set up sending two technicians to close it. dates per inspector request. Only one day credit was appried to this invoice for 2 tech labor Page 1 Received 4/26/2024 Customer : Villa Utility Construction, LLC. - Job ID: 000750 - Invoice# 00003606 (cont.) ROC Legal Note: The * indicates taxable items. EQUIPMENT RENTAL TOTAL $572.00 SALES/ONE-TIME CHARGES $0.00 LABOR TOTAL $5,060.00 Please note; a 5% late payment fee per month will SUBTOTAL $5,632.00 automatically be applied to all amounts not paid on SALES TAX (8.6%) $484.35 time. All invoice disputes must be brought to Canyon State Barricades attention within 30 days of date TOTAL CHARGES $6,116.35 of invoice for credits to be given. May be subject to PLEASE PAY THIS AMOUNT $6,116.35 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 4/26/2024 ROC Legal

Canyon State Barricade Service LLC E-INVOICE 28264 N. 166th Ave Invoice Date Invoice No. Surprise, AZ 85387 2/25/2024 00003664 602-795-8821 Fax 623-975-8300 Terms: Net 30 ROC #338321

Villa Utility Construction, LLC. Ubaldo Villa Job ID: 000750 7900 W. Alex Ave Power Rd & Los Altos Peoria, AZ 85382 Power Rd & Germann Rd Town Of Gilbert, AZ

Customer Customer Job No. Customer P.O. No. Period Covered Foreman Name / Phone# VILLAUTILI 2/12/2024 - 2/22/2024 Ubaldo Villa 602-363-8092

Date Description From - To Qty Days Total Qty Price Total --------------------- RENTALS ---------------------- 02/19/24 Vertical Panel w/Steady burn light * 02/19 02/22 12 4 48 $0.95 $45.60

02/19/24 Type I Barricade w/flasher * 02/19 02/22 6 4 24 $0.95 $22.80

02/19/24 Small Sign * 02/19 02/22 3 4 12 $0.85 $10.20

02/19/24 Medium Sign * 02/19 02/22 6 4 24 $0.95 $22.80

02/19/24 Sign Stand w/Flasher * 02/19 02/22 9 4 36 $1.50 $54.00

02/19/24 Hi-Level Flagtree w/flasher * 02/19 02/22 1 4 4 $2.50 $10.00

------- SALES / ONE-TIME CHARGES -------- 02/19/24 Sand Bags * 20 20 $4.25 $85.00

02/19/24 Flags with Dowels ( Orange) * 12 12 $3.25 $39.00

------------------------ LABOR ----------------------- 02/19/24 1 Tech 1 Truck Labor * 3.5 3.5 $75.00 $262.50 02/20/24 1 Tech 1 Truck Labor * 3.25 3.25 $75.00 $243.75 02/20/24 1 Tech 1 Truck Labor * 3.5 3.5 $75.00 $262.50 02/21/24 1 Tech 1 Truck Labor * 3 3 $75.00 $225.00 02/21/24 1 Tech 1 Truck Labor * 3.5 3.5 $75.00 $262.50 02/22/24 1 Tech 1 Truck Labor * 3.5 3.5 $75.00 $262.50

02/19/24 2 Techs 1 Truck Labor * 3.5 3.5 $110.00 $385.00

Right Turn Lane Closure

I am disputing the charges on this invoice because a turn lane is a smaller area that doesn't require as much equipment as mentioned in the invoice. Moreover, the VPS was placed for the other contractor as a 24-hour setup, so I am confused why we are sending two technicians to close it. Flashers/steady lights Only one day credit was appried to this invoice for 2 tech labor are standards for 24- Page 1 hour set up. Received 4/26/2024 Customer : Villa Utility Construction, LLC. - Job ID: 000750 - Invoice# 00003664 (cont.) ROC Legal Note: The * indicates taxable items. EQUIPMENT RENTAL TOTAL $165.40 SALES/ONE-TIME CHARGES $124.00 LABOR TOTAL $1,903.75 Please note; a 5% late payment fee per month will SUBTOTAL $2,193.15 automatically be applied to all amounts not paid on SALES TAX (8.6%) $188.61 time. All invoice disputes must be brought to Canyon State Barricades attention within 30 days of date TOTAL CHARGES $2,381.76 of invoice for credits to be given. May be subject to PLEASE PAY THIS AMOUNT $2,381.76 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 www.invarion.com 4/26/2024 ROC Legal QUEEN CREEK PERMIT : E230524 SIDEWALK GILBERT PERMIT : EUTIL202300461 PAGE 4 SIDEWALK CLOSED SIDEWALK

SIDEWALK CLOSED

ONLY

TURN RIGHT CLOSED

RIGHT LANE CLOSED LOS ALTOS

MUST CROSS HERE

KEEP

LEFT KEEP

ONLY ONLY KEEP

SIGN DETAIL C LEFT LEFT MATCH PAGE 3 MATCH LINE CC

KEEP

LEFT GILBERT ROW

QUEEN CREEK ROW

RITTENHOUSE

SIDEWALK CLOSED CROSS HERE SIDEWALK SIDEWALK CLOSED SIDEWALK CLOSED CLOSED

GERMANN RD

KEEP

MATCH LINE CC LEFT

KEEP

LEFT GILBERT ROW

QUEEN CREEK ROW

GERMANN RD

TYPICAL SHADOW TRUCK SIGN DETAIL C

AT VARIOUS LOCATIONS BIKE BIKE LANE RIGHT LANE ROAD LANE CLOSED CLOSED WORK AHEAD MAY USE AHEAD FULL CLOSED LANE AHEAD 350' 350' 175' 175' 175' 350'

DEVICE SPACING: LOW SPEED : 25' IN TAPER, 50' IN TANGETS 40 MPH+ : 40' IN TAPERS, 20' ACROSS RAMPS, AND 80' IN TANGENTS PLAN NAME: 234887 PRIME CONTRACTOR: PERMIT NUMBER: VERTICAL PANELS THIS IS A VEHICULAR AND/OR PEDESTRIAN PLAN ONLY. PROJECT NOTE: MINIMUM SIGN SIZE PHO_REMINGTON QUEEN CREEK : E230524 MEARS GILBERT : EUTIL202300461 PCMS 18"X18" __ 48"X24" __ XXXXXX

The Maintenance of Traffic Manager shall be NORTH NOT TO SCALE. ALL APPLICABLE EQUIPMENT SHALL XXXXXX

HEIGHTS SEG 1 PAGE 4 SPEED XXXXXX

CONTACT NAME: CONTACT MOBILE: SIGNS X 18"X24" __ 48"X30" __ HAVE SANDBAGS AND FLAGS. BUSINESS AND LOCAL responsible for approving necessary adjustments to PLAN DATE: MORGAN BOWMAN 4806045370 the approved Traffic Control Plans due to safety and LIMIT 12/08/2023 WORK DATES: TYPE IIs ACCESS SHALL BE MAINTAINED WHEN POSSIBLE.

24"X24" __ 48"X48" __ 01/19/202402/02/2024 WORK HOURS: TYPE IIIs CONFLICTING SIGNS SHALL BE COVERED WHILE field conditions during a closure to install such Traffic DRAWN BY: JOSUE GODINEZ 08:30 TO 16:00 24"X30" __ 48"X60" __ TEMPORARY TRAFFIC IS IN PLACE. BUMP SIGNS SHALL Control Plans. Such approved adjustments shall be (602)2965786 SCOPE OF WORK: BORING ARROW BOARD X 36"X36" __ BE PLACED PRIOR TO ANY STEEL PLATES IN ROADWAY. submitted by Developer the following Business Day. [email redacted] WORKZONE Received 4/26/2024 ROC Legal

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Answers - AZROC <[email redacted]>

Written Answer to Citation and Complaint Case # 2024-03093 message

Cynthia Piña <[email redacted]> Fri, Apr 26, 2024 at 5:44 PM To: "[email redacted]" <[email redacted]> Cc: UBALDO VILLA <[email redacted]>

Please find attached our formal response to the citation and complaint received from Canyon Barricade Services regarding Villa Utility Construction. Our response includes all necessary documentation, backups, and notes for your reference. We would appreciate your prompt review of our response and look forward to discussing a resolution to this issue. Your prompt attention to this matter is greatly appreciated.

Thank you.

Cynthia Pina OFFICE ADMINISTRATOR

VILLA UTILITY CONSTRUCTION LLC. 7900 W Alex Avenue, Peoria, AZ 85382 Cell: 602.769.0385 Email: [email redacted]

Written Answer to Citation and Complaint Case # 2024-03093 04.26.24.pdf 21035K

https://mail.google.com/mail/b/AEoRXRSthbxdiqbmerLPXJmMhKLX_zbX0Plg1lB-gYgJHmDvImDk/u/0/?ik=581c53cf5c&view=pt&search=all&permthi… 1/1 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