2024A-04998-NPC-ROC Notice of Hearing & Packet MAILED 2024-04998.pdf

2024A-04998-NPC-ROC · Registrar of Contractors · 2024-07-23

REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA

AZ Framing and Remodeling LLC, Case No. 2024-04998

COMPLAINANT, Docket No. 2024A-04998-NPC-ROC

v. NOTICE OF HEARING ON CONTESTED CASE Dynamic Trades Inc. License No. ROC 328944,

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

HEARING INFORMATION The hearing is set for:

August 30, 2024 9:00 AM Amy Haley 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 June 21, 2024. SHORT AND PLAIN STATEMENT OF THE MATTERS ASSERTED

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

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

be a party to the hearing.

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

argument to the administrative law judge.

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 July 24, 2024.

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

Copy mailed via USPS First Class mail July 24, 2024 to:

Respondent(s) Dynamic Trades Inc. 4617 Weed Patch Ct Greenwood, CA 95635

Complainant(s) AZ Framing and Remodeling LLC Po Box 2973 Peoria, AZ 85380

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. 2024-04998 /

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

May 15, 2024

Via U.S. Mail and Email

Complainant AZ Commercial Structures LLC PO Box 2973 Peoria, AZ 85345

Respondent Dynamic Trades Inc. 4617 Weed Patch Ct Greenwood, CA 95635

Re: Complaint No. 2024-04998

Dear Complainant and Respondent:

The Registrar received a complaint filed against Dynamic Trades Inc. for non- payment of materials or services rendered. This complaint is complete and will be substantively reviewed by the Registrar.

Respondent is free to raise any issue or affirmative defense to this complaint by filing a response with the Registrar by May 22, 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 May 22, 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/ Gail Mathews Gail Mathews Legal Assistant Legal Department 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 Non-Payment Complaint Form Departmental Use Only Complaint Number: Mail to: Registrar of Contractors 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) Paul B Bland Street Address City State Zip Code Po Box 2973 Peoria Arizona 85380 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) Dynamic Trades Inc ROC 328944 Street Address City State Zip Code

Phone Number Email Address

Name of Person(s) Representing License Timothy John Uhler Complaint Information Principal Amount Due (excluding interest and fees) Contract Date (if applicable) $14,700.00 July 7, 2022 Have you filed a civil complaint? No List all specific invoices which have not been paid. Attach additional pages if necessary. 121522, 11822

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 Paul B Bland 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. Printed Name Signature Date Paul B Bland May 1st, 2024

Re: Dynamic Trades / 3rd complaint request

To whom it may concern:

I am writing to you in regard to a complaint on Dynamic Trades, we have completed this job back in January 15th 2023 we have been going back and forth with Dynamic Trades in regards to final payment which we have not received, prior complaints have been filed and dismissed. AZ Framing and Remodeling has spoken with the owner of (TLE) the learning experience and according to our conversation Dynamic Trades has received final payment in March 2024, per our conversation with Chris Parr last week with Dynamic Trades they can take an additional 90 days.

The services that we have provided are wood framing, labor, materials, hardware, and equipment to frame the entire building ground up of (The Learning Experience) attached to this email are photos showing the scope of work is completed and has been completed since 1/15/2023.

Attached is the original contract for $304,466.44 plus the change order for $3,627.49 which brings the total contract to $308,093.93. There is a final payment of $14,700 that is due and has been due for a year and a half (16) months plus interest.

If you need anything else, please let me know.

Thank you, Marilyn Bland Phone - 623-385-2044 Email - [email redacted] ROC: 303361

CCO #002 Project: C20531 - TLE Goodyear 16450 W Yuma Rd Goodyear , Arizona 85338

Subcontract Change Order #002: CE #013 - T&M for Wood Blocking | CE #014 - T&M Pergolas | CE #020 - T&M Install of Exterior Doors & Interior Window Frames CONTRACT COMPANY: AZ Framing & Remodeling LLC CONTRACT FOR: C20531-001:AZ Framing & Remodeling P.O Box 2973 Peoria, Arizona 85380

DATE CREATED: 12/09/2022 CREATED BY: Krystyn Tverberg (Dynamic Trades Inc.)

CONTRACT STATUS: Pending - In Review REVISION: 0

REQUEST RECEIVED LOCATION: FROM:

DESIGNATED REVIEWER: REVIEWED BY:

DUE DATE: REVIEW DATE:

INVOICED DATE: PAID DATE:

REFERENCE: CHANGE REASON: Job Cost

PAID IN FULL: No EXECUTED: No

ACCOUNTING METHOD: Amount Based SCHEDULE IMPACT:

FIELD CHANGE: No SIGNED CHANGE ORDER RECEIVED DATE:

TOTAL AMOUNT: $0.00

DESCRIPTION: CE #013 - T&M for Wood Blocking Division 6 - Rough Carpentry

Provide labor and material to complete rough carpentry and miscellaneous wood blocking.

CE #014 - T&M Pergolas Division 10 - Protective Covers

Provide labor and material to provide and install TREX pergolas.

CE #020 - T&M Install of Exterior Doors & Interior Window Frames Division 6 - Rough Carpentry Provide labor to install exterior door frames and interior window frames on a T&M rate.

ATTACHMENTS: Change order (4) dynamic trades.pdf

CHANGE ORDER LINE ITEMS:

# Budget Code Description Amount 1-6.SUB Wood Plastics & Composites.Subcontractors T&M Blocking $0.00 1-6.SUB Wood Plastics & Composites.Subcontractors T&M Pergolas $0.00 1-6.SUB Wood Plastics & Composites.Subcontractors T&M Install Ext Doors & Int Windows $0.00 Grand Total: $0.00

Page 1 of 2 Printed On: 12/9/2022 04 :19 PM CCO #002 The original (Contract Sum) $ 304,466.44 Net change by previously authorized Change Orders $ 12,156.00 The contract sum prior to this Change Order was $ 316,622.44 The contract sum would be changed by this Change Order in the amount of $ TBD The new contract sum including this Change Order will be $ 316,622.44 The contract time will not be changed by this Change Order.

AZ Framing & Remodeling LLC P.O Box 2973 Peoria, Arizona 85380

ProcoreGeneralContractorSignHere ProcoreGeneralContractorSignedDate ProcoreSubcontractorSignHere ProcoreSubcontractorSignedDate

SIGNATURE DATE SIGNATURE DATE

Page 2 of 2 Printed On: 12/9/2022 04 :19 PM INVOICE P.O Box 2973 Peoria, AZ 85380 DATE 11/18/2022 AZFramers.com INVOICE # 111822 (623) 385-2044 CUSTOMER PO C20531-001 [email redacted] DATE DUE upon recpt

CUSTOMER Dynamic Trades Inc 16450 W Yuma Road Goodyear, AZ 85338 530.368.6083 [email redacted]

DESCRIPTION TAXED AMOUNT Provide/ All framing, labor, materials, trusses, equipment hardware. 80% of remaining labor cost 58,799.20

[42] Subtotal 58,799.20 TERMS AND CONDITIONS Taxable - 1. Customer will be billed after reciept of this invoice Tax rate 0.000% 2. Payment will be due by the date indicated above Tax due - 3. By signing, the customer acknowledges reciept of this invoice Other - Customer Acceptance (sign below): TOTAL $ 58,799.20

x ___________________________________________ Print Name:

If you have any questions about this invoice, please contact [email redacted] Thank You For Your Business!

CUSTOMER Dynamic Trades Inc 16450 W Yuma Road Goodyear, AZ 85338 530.368.6083 [email redacted]

DESCRIPTION TAXED AMOUNT Provide/ blocking for other trades hours x 7 guys 2,800.00 materials 827.49

Please see attached T&M ticket.

[42] Subtotal 3,627.49 TERMS AND CONDITIONS Taxable - 1. Customer will be billed after reciept of this invoice Tax rate 0.000% 2. Payment will be due by the date indicated above Tax due - 3. By signing, the customer acknowledges reciept of this invoice Other - Customer Acceptance (sign below): TOTAL $ 3,627.49

x ___________________________________________ Print Name:

If you have any questions about this invoice, please contact [email redacted] Thank You For Your Business!

Re: Notice of No Pay Complaint 2024-04998 messages

Emily Price <[email redacted]> Fri, May 17, 2024 at 4:36 PM To: [email redacted], [email redacted] Cc: Andrew Klein <[email redacted]>, Noah Price <[email redacted]>, "[email redacted]" <[email redacted]>, Chris Parr <[email redacted]>, Alicia Fiack <[email redacted]>

Good afternoon Gail,

Please find attached our response to Complaint No. 2024-04998. Please advise if there are any issues with opening the pdf response.

Have a wonderful weekend!

Thank you,

Emily Price / Chief Legal Officer [email redacted] O 866.8.TRADES (1-866-887-2337) option 4 www.dynamictrades.com

This email message and all attachments thereto (“this message”) may contain information that is confidential or legally privileged. If you are not the intended recipient, you must notify the sender immediately, delete the original transmission and its attachments without reading or saving. You may not disclose or use the information in any way. Views expressed in this message are those of the individual sender, except where the message states otherwise. Dynamic Trades Inc. does not accept the responsibility for such views and opinions and this message should not be read as representing the views and opinions of Dynamic Trades Inc.

On Wed, May 15, 2024 at 5:58 AM Alicia Fiack <[email redacted]> wrote:

Alicia Fiack / Project Accounts Admin [email redacted] C 530.701.8138 O 866.8.TRADES dynamictrades.com

---------- Forwarded message --------- From: Gail Mathews <[email redacted]> Date: Tue, May 14, 2024 at 4:29 PM Subject: Notice of No Pay Complaint 2024-04998 To:

Attached is the Notice of No Pay Complaint that was mailed via regular mail.

Thank you,

-- Gail Mathews Legal Assistant 602-771-6804 [email redacted] 1700 W Washington Suite 105 Phoenix, AZ 85007

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attachments Dynamic Trades, Inc. Signed Response to AZ Framing's 5-15-24 Complaint.pdf 3221K 20240515 Notice of No-Pay Complaint 2024-04998.pdf 946K

Administrator <[email redacted]> Wed, May 22, 2024 at 4:52 PM To: Gail Mathews <[email redacted]>

Gail, I am just following up on this case, can you please let us know if you have received a response yet?.

Thank you, Marilyn

(623) 385-2044 Monday - Friday 8:00 AM - 5:00 PM

[Quoted te t hidden] REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA RESPONDENT. AZ Framing & Remodeling LLC, COMPLAINANT, Complaint No. 2024-04998 v. RESPONDENT’S RESPONSE TO Dynamic Trades, Inc COMPLAINT License No. ROC 328944 Respondent, DYNAMIC TRADES, INC, responds with an affirmative defense to the Complaint as follows: General Denial of Complaint Respondent denies all allegations as contained in the Complaint submitted by Complainant regarding failure to pay retention in a timely manner. AFFIRMATIVE DEFENSE

COMPLAINT IS UNRIPE 1. The Complainant alleges that Respondent has failed to pay retention in a timely manner. Under A.R.S. § 32-1183(B) a contractor shall pay to their subcontractor within seven days of receipt by the contractor or subcontractor of each progress payment, retention release or final payment, the full amount received for such subcontractor's work and materials supplied based on work completed or materials supplied under the subcontract. Respondent claims on 5/15/24 that retention is past due when in fact as of 5/14/24, Respondent had not yet received retention payment from the owner on the project (see email from Owners Representative attached as Exhibit A). Furthermore, written confirmation was received from the Owner’s representative on 5/17/24 stating that the first 50% of project retention will be

released to the Respondent (attached hereto as Exhibit B), evidencing that the retention had not been received as of the referenced email on 5/17/24. Respondent is in compliance with Arizona’s Prompt Payment Act and will pay within the statutory time frame upon receipt of payment. 2. Additionally, the Master Subcontractor Agreement (MSA) between DTI and AZ Framing states in Section 7 that retention will be withheld from all payments until final payment, and that final payment will be made seven (7) days following Contractor’s receipt of final payment from the owner. The executed MSA is attached hereto as Exhibit C. Therefore, the complaint by the Complainant should be dismissed as the duty on the part of Respondent to pay retention to Complainant has not yet arisen both under the Arizona Prompt Pay Act and the executed MSA between Complainant and Respondent. Dated May 17, 2024. Dynamic Trades, Inc. License No. ROC 328944 By: Emily Price / Chief Legal Officer [email redacted] O 866.8.TRADES (1-866-887-2337) x4 www.dynamictrades.com

RESPONDENT’S ANSWER TO THE CITATION AND COMPLAINT Dynamic Trades, Inc. 2 Exhibit A

Exhibit A Dynamic Trades, Inc. Mail - Close Out Update - TLE Goodyear Exhibit B 5/17/24, 11:42 AM

Noah Price <[email redacted]>

Close Out Update - TLE Goodyear Christy, Keith <[email redacted]> Fri, May 17, 2024 at 4:12 AM To: "Zion, Nicole M" <[email redacted]>, Hannah DeYoung <[email redacted]>, "Malmstone, Jeffrey F" <[email redacted]> Cc: "Parker, Kevin R" <[email redacted]>, Noah Price <[email redacted]>, Chris Parr <[email redacted]>, Andrew Klein <[email redacted]>

Hannah,

Good morning.

Attached is confirmation of our outgoing payment for 50% of the remaining retention on the TLE Goodyear project. The funds should post to your bank account today.

Sincerely,

Keith

KEITH CHRISTY

Financial Accountant II – Real Estate

One Armstrong Place

Butler, PA 16001

Office: 724.283.0925 x50459

[email redacted]

www.armstrongdev.com

Please forward to anyone inadvertently omitted from this email.

https://mail.google.com/mail/u/0/?ik=9b479a34c7&view=pt&search=…msgid=msg-f:[number redacted]&simpl=msg-f:[number redacted] Page 1 of 2

Exhibit B Dynamic Trades, Inc. Mail - Close Out Update - TLE Goodyear 5/17/24, 11:42 AM

[Quoted text hidden] [Quoted text hidden]

Dynamic Trades $121522.44.pdf 1189K

https://mail.google.com/mail/u/0/?ik=9b479a34c7&view=pt&search=…sgid=msg-f:[number redacted]&simpl=msg-f:[number redacted] Page 2 of 2

Exhibit B Exhibit C- Executed MSA

INSTRUCTIONS:

Completely fill out and affix authorized signature(s) via HelloSign and the program will return a copy to the issuing office shown above and once executed by DTI it will return a copy to you. Failure to return executed documents within 7 business days may result in cancellation of this agreement by DTI. If you would like an original copy bearing our wet signature returned for your files, please overnight two (2) executed copies of this subcontract agreement to 4617 Weed Patch Ct. Greenwood CA 95635 via Fedex or UPS, and an executed copy will be returned to you.

No portion of this Master Subcontract Agreement may be altered, deleted or qualified without prior written consent of an officer of our corporation. Please contact issuing office AT ONCE if you have any questions regarding the provisions of this MSA. If changes are communicated to and pre-approved by assigned Project Manager, please make notations on this contract in RED ink and initial changes in the margin. Changes are not finalized and approved until initials and signature is executed by DTI

This SUBCONTRACTOR MASTER AGREEMENT is entered into on the aforementioned date, by and between Dynamic Trades Inc., [hereinafter referred to as Contractor and/or DTI], and the company addressed above [hereinafter referred to as Subcontractor].

Subcontractor Initials:

4617 Weed Patch Court Greenwood CA 95635 - 470 Nevada Street, Suite 110, Auburn CA 95603 (866) 8-TRADES - dynamictrades.com - Rev05.02.22 Exhibit C

Doc ID: 9fd9997b7181d1a745573589af2fa145869b2b64 Section 1

A. Prime Contract and Contract Documents

Subcontractor agrees to be bound to Contractor in the same manner and to the same extent as Contractor is bound to Owner under the terms of the Prime Contract and all of the Contract Documents.

The MSA agreed to and entered into this day between Contractor and Subcontractor consists of the following: (1) This Master Subcontract Agreement; (2) The Prime Contract referenced in an executed Purchase Order, including all the general, supplementary and special conditions, drawings, specifications, amendments, modifications and all other documents forming or by reference made a part of the Prime Contract between Contractor and Owner; and (3) all other applicable documents for Subcontractor’s Work defined as a Contract Document in an executed Purchase Order. The above constitute the entire Contract between Contractor and Subcontractor, and hereinafter shall collectively be referred to as the "Contract and/or Contract Documents.” Subcontractor, by signing a Purchase Order, acknowledges that it has independently assured itself that all of the Prime Contract documents have been available to it, and confirms that it has examined all such documents and agrees that all of the aforesaid Prime Contract and Contract Documents shall be considered a part of this Subcontract by reference thereto. An executed copy of the Prime Contract documents shall be made available to the Subcontractor for review only upon request, under the supervision of Contractor’s personnel, at a location convenient to both Contractor and Subcontractor.

B. The Work

The Subcontractor agrees to furnish all material, labor, equipment, services, tools, appliances, permits and certificates, and to complete in a workmanlike manner to the satisfaction of the Contractor, and in accordance with the plans, specifications, drawings, general conditions, special conditions, addenda and amendments, and provisions of the Prime Contract between the Contractor and the Owner, hereinafter collectively referred to as the "Contract Documents”.

C. Safe Work Performance

Subcontractor is required to perform the work in a safe and reasonable manner and shall avoid injury, loss or damage to persons or property by taking all reasonable and necessary steps to protect employees and other persons at the Project site and materials and equipment stored at the site or at off-site locations for use in performance of the work and all property and structures

Subcontractor Initials:

4617 Weed Patch Court Greenwood CA 95635 - 470 Nevada Street, Suite 110, Auburn CA 95603 (866) 8-TRADES - dynamictrades.com - Rev05.02.22 Exhibit C

Doc ID: 9fd9997b7181d1a745573589af2fa145869b2b64 located at the site and adjacent to the site. Subcontractor shall give all required notices and comply with all applicable rules, laws, regulations and orders, and other lawful requirements established under applicable law to prevent injury, loss or damage to persons or property. Subcontractor shall implement appropriate safety measures pertaining to the work and the Project, including establishing safety rules, posting appropriate warnings and notices, erecting safety barriers, and establishing proper notice procedures to protect persons and property at the site and adjacent to the site from injury, loss or damage. The Subcontractor is required to designate an individual at the site in the employ of Subcontractor who shall act as the Subcontractor’s designated safety representative with a duty to prevent accidents. Subcontractor shall give prompt written notice to the Contractor of any accident involving bodily injury or any failure that could have resulted in serious bodily injury, whether or not such injury was sustained. Subcontractor agrees to comply with all safety directives and instructions from Contractor in addition to any safety rules set forth in the Contract Documents or as otherwise provided under applicable law.

D. Dress Code and Safety Policy

At all times, all workers on the job site must adhere to DTI’s Dress Code and Safety Policy requirements, which include, but are not limited to, the following: 1. Hard Hats 2. Long Pants 3. Shirts with Sleeves 4. Adequate Work Shoes/Boots 5. Safety Glasses

E. IIPP Submission

Subcontractors are required to send DTI a digital copy of their IIPP folder for DTI’s records. This document must be resent to DTI upon every revision and prior to starting work on any DTI job site.

F. OSHA

Should the subcontractor receive an OSHA citation and DTI is cited in addition to the Subcontractor, the OSHA fine will be back-charged and deducted from the subcontractor’s contract.

Subcontractor Initials:

4617 Weed Patch Court Greenwood CA 95635 - 470 Nevada Street, Suite 110, Auburn CA 95603 (866) 8-TRADES - dynamictrades.com - Rev05.02.22 Exhibit C

Doc ID: 9fd9997b7181d1a745573589af2fa145869b2b64 G. Clean Up and Debris Removal

Cleanup and removal of all debris related to the scope of work to be performed by Subcontractor on a daily basis. Work areas to be maintained in an orderly condition at all times and swept “broom clean” at the end of each workday. Tools, equipment, and materials are to be stored in an orderly and protected manner. Storage locations(s) will be coordinated with DTI’s Project Superintendent. Should Subcontractor fail to comply with this clause, DTI’s Project Superintendent will issue a 24 Hour Notice to Comply via e-mail to the Subcontractor’s office and hand deliver a copy to the Subcontractor’s lead individual on site, if possible.

H. Adequate Manpower and Equipment

Provision of adequate manpower and equipment to comply with the project schedule is required of the Subcontractor. Subcontractor is required to provide all of their own equipment and is not to rely on or use DTI’s or another subcontractor's equipment. Use of equipment, other than the subcontractors, is done so at the subcontractor's own risk. Overtime, if required to maintain compliance with the schedule, will not entitle the Subcontractor to additional compensation.

I. Work In Place

Subcontractor will take reasonable action to protect Subcontractor’s own uninstalled materials and work in place and exercise due caution around materials and work in place of other trades. Subcontractor will not remove or modify the work of other trades without prior coordination via DTI’s Project Superintendent. Any damage to the work of other trades shall be immediately reported to DTI’s Project Superintendent. Should the Subcontractor cause damage to the Subcontract Work or property of the Owner, DTI, or others, the Subcontractor shall promptly remedy such damage to the satisfaction of DTI within forty-eight hours. DTI may, after forty- eight hours written notice to the Subcontractor, remedy the damage and deduct its cost from the Subcontractor.

J. Backcharges from Subcontractor

Subcontractor shall notify DTI’s Project Manager of any back charges against Contractor or other Subcontractors on the Project that Subcontractor contends are due as a result of Contractor’s or another Subcontractor’s conduct WITHIN TEN (10) WORKING DAYS of first discovery or determination of damage or harm. DTI’s Project Manager and Superintendent will assess the validity of alleged back charges WITHIN TEN (10) WORKING DAYS of notice and negotiate a settlement between the claiming and the accused Subcontractors. Back charges asserted more than ten (10) days after discovery of damage or harm will be deemed waived and/ or released by the Subcontractor. Subcontractor Initials:

617 Weed Patch Court Greenwood CA 95635 - 470 Nevada Street, Suite 110, Auburn CA 95603 (866) 8-TRADES - dynamictrades.com - Rev05.02.22 Exhibit C

Doc ID: 9fd9997b7181d1a745573589af2fa145869b2b64 K. Use of the English Language

As a further condition of performance of this Subcontract, Subcontractor agrees that it shall only dispatch supervisors to the job site who can speak English and who are able to effectively communicate in English with DTI’s employees, supervisors, and foremen so as to insure that all employees of Subcontractor perform their job responsibilities in accordance with the directives of DTI.

L. Inspection Fees

Subcontractor shall be responsible for additional inspection fees that are incurred due to failed inspections directly related to Subcontractor’s improper or inadequate execution of its scope of work.

M. Submittals, Shop Drawings, Plans, Specifications, Samples and As-Builts

When submittals, shop drawings, plans of any nature including as-builts, specifications, samples or detail work shall be required by this agreement or the Contract Documents, to be submitted by Subcontractor, Subcontractor agrees promptly to furnish said drawings, submittals within deadlines required in the Contract Documents. In the event that any such submittal, drawings, plans, specifications or shop drawings as submitted by Subcontractor deviates from or is inconsistent with any design drawings or specifications for the project, and in the further event that any such deviation or inconsistency shall cause Contractor to incur delay, damages or any additional costs, Subcontractor agrees to hold Contractor harmless from and to indemnify Contractor for any such damages or additional expense.

Whether or not shown by the plans or mentioned in the specifications, or anywhere else in the Contract Documents, the scope of work includes the following:

(a) Any item of labor, equipment, service, and/or material reasonably inferred by the plans and/or specifications; (b) Any item of labor, equipment, service or material required to complete the work in compliance with all applicable laws, codes, ordinances or regulations, or necessary to obtain and inspection approvals or permits for the project.

Subcontractor Initials:

4617 Weed Patch Court Greenwood CA 95635 - 470 Nevada Street, Suite 110, Auburn CA 95603 (866) 8-TRADES - dynamictrades.com - Rev05.02.22 Exhibit C

Doc ID: 9fd9997b7181d1a745573589af2fa145869b2b64 N. Lower Tiered Subcontractors

Subcontractor promises and agrees that it will bind and require all of its lower tiered subcontractors and suppliers performing any work under this Subcontractor to agree to all of the promises and undertakings contained throughout this Subcontract Agreement. This includes but is not limited to safety requirements, insurance requirements, performance of work standards and quality control. Subcontractor must fill out and return the “Lower Tiered Sub Form” (Exhibit B) and provide an insurance certificate meeting all insurance requirements as detailed in this document (Exhibit A) for their lower tiered subcontractor prior to the lower tiered sub performing any work on the project.

O. Design Services

If the subcontract documents specifically require the Subcontractor to procure design services, the Subcontractor shall provide those design services necessary to satisfactorily complete the Subcontract Work. As permitted by the laws, rules, and regulations in the jurisdiction where the Project is located, the Subcontractor shall procure such services and any necessary certifications from licensed design professionals. The signature and seal of Subcontractor’s design professional shall appear on all drawings, calculations, specifications, certifications, shop drawings, and other submittals related to the Subcontract Work design or certified by the Subcontractor’s design professional. DTI shall be entitled to rely upon the adequacy, accuracy and completeness of the services, certifications, or approvals performed by the Subcontractor’s design professional.The Subcontractor shall be responsible for conformance of its design with the information given and the design concept expressed. The Subcontractor shall not be required to provide design services in violation of any applicable law.

Section 2 Subcontractor's Performance of Work:

The Subcontractor further agrees to commence the contracted work detailed in a Purchase Order ten (10) days after notice to proceed by the Contractor, and to prosecute the same diligently and continuously to completion. Should the Subcontractor for any reason fail to proceed diligently with the above work, then the Subcontractor shall be in breach of this Agreement. The Contractor shall provide written notice to the Subcontractor of the Subcontractors breach of this agreement and shall give the Subcontractor forty-eight (48) hours to cure such breach to Contractor’s satisfaction. In the event Subcontractor fails to cure the breach within the time referenced above and to the Contractor’s satisfaction, the Contractor may

Subcontractor Initials:

4617 Weed Patch Court Greenwood CA 95635 - 470 Nevada Street, Suite 110, Auburn CA 95603 (866) 8-TRADES - dynamictrades.com - Rev05.02.22 Exhibit C

Doc ID: 9fd9997b7181d1a745573589af2fa145869b2b64 terminate this Subcontract, take charge of said work, the persons employed thereon and the materials, tools and appliances of the Subcontractor and complete the work provided for this Agreement. Any extra cost arising there from shall be charges against the Subcontractor, together with damages for delay or for any defective work of the Subcontractor. Nothing in this paragraph shall prevent Contractor’s use of all legal and contractual remedies available to it resulting from Subcontractors breach of this Agreement. Subcontractor also acknowledges and understands that other Subcontractors (and the Contractor itself) may hire employees on the Project whose employment is not covered by or subject to a collective bargaining agreement, and despite this fact, Subcontractor further agrees that it will continue to employ sufficient labor on the Project and execute the work so as to not cause any delay on the Project.

A. No Fault Delay

If Subcontractor is delayed in the performance of its work and the delay was not caused by or due to the fault of Subcontractor or anyone for whom Subcontractor is responsible, Subcontractor shall be entitled to an extension of time and this extension of time shall be Subcontractor’s sole remedy for any damages sustained as a result of such delay.

B. Delay Liability

Subcontractor is aware that Contractor may be liable to the Owner or others for delay in the completion of the Project and that Contractor may incur additional costs and expenses because of any delay in the completion of the work. Subcontractor shall reimburse Contractor for any and all damages suffered by or assessed against Contractor, including but not limited to, liquidated damages, which are attributed to or caused by Subcontractor’s failure to furnish the materials or perform the work required by this Subcontract within the time fixed or in the manner provided herein, and, in addition, thereto, agrees to pay to Contractor such other or additional damages as Contractor may sustain by reason of any such failure or delay by Subcontractor. Unless consented to or approved by Contractor, Subcontractor shall be considered disabled from prosecuting the work covered by this Agreement if Subcontractor’s interest herein, or any part thereof, is assigned or transferred by Subcontractor in any manner, either voluntarily or involuntarily or by operation of law, or if a petition under the Bankruptcy Act or appointment of a receiver is filed by or against Subcontractor, or if Subcontractor becomes insolvent or dissolves or terminates its existence.

Subcontractor Initials:

4617 Weed Patch Court Greenwood CA 95635 - 470 Nevada Street, Suite 110, Auburn CA 95603 (866) 8-TRADES - dynamictrades.com - Rev05.02.22 Exhibit C

Doc ID: 9fd9997b7181d1a745573589af2fa145869b2b64 C. Worker Eligibility

Subcontractor shall insure that any employees performing work on a project have been thoroughly evaluated to confirm they have valid employment eligibility and that an I-9 Form has been completed for each and every employee who performs, or may perform work on a Project. Subcontractor shall maintain copies of any and all documents to substantiate each employee’s valid employment eligibility and will fully defend, indemnify and hold harmless Contractor and Owners from any expenses, legal fees, costs, penalties, fines or any other damages or losses resulting from Subcontractor’s failure to comply with these I-9 requirements. Moreover, Subcontractor shall enforce these I-9 requirements on any individuals or entities performing work within Subcontractor’s scope including, but not limited to, its Subcontractor’s and all of their sub-Subcontractors.

Section 3 Changes:

Subcontractor further agrees not to deviate from the plans, specifications and details of the Contract Documents, except on written order of the Contractor, and the Subcontractor will be responsible to the Contractor for any damage, inconvenience or increase of cost arising directly or indirectly from failure of Subcontractor to observe the same. Contractor shall have the right to make changes to the Plans, Specifications and details, and the Subcontractor, on notice thereof, shall be governed thereby. DTI’s Project Manager or Superintendent may direct additional work outside of the Subcontractor’s original scope, or forward change order requests from the Owner. Such work will be directed to be performed either on a Time and Material (T&M) basis or negotiated lump sum or by any other method set forth in the Prime Contract. If extra work will be by lump sum, the Subcontractor will pursue the extra work when and as directed even during price negotiations. If extra work is directed to proceed as T&M, work tickets acceptable to DTI and clearly indicating labor hours (by individual’s name and trade classification), materials, and equipment shall be submitted to DTI’s Project Superintendent on a daily basis for approval and signature. Lump sum or T&M pricing shall be supported with vendor invoices or quotations. Subcontractor will submit detailed labor and/or equipment rate justification, including supporting backup. Subcontractor agrees that it shall have no right to recover additional compensation for extra work or changes if such work is performed without DTI’s prior written direction or change order. A disagreement between Contractor and Subcontractor as to the increase or decrease in the subcontract amount shall not relieve the Subcontractor from immediately proceeding with performance of work. Any claim for adjustment of the subcontract price shall be made in writing within ten (10) days from the date such changes are ordered or first discovered or within the deadline required in the contract between Owner and Contractor, whichever date is earliest.

Subcontractor Initials:

4617 Weed Patch Court Greenwood CA 95635 - 470 Nevada Street, Suite 110, Auburn CA 95603 (866) 8-TRADES - dynamictrades.com - Rev05.02.22 Exhibit C

Doc ID: 9fd9997b7181d1a745573589af2fa145869b2b64 Section 4 Indemnification:

Subcontractor specifically obligates itself to Contractor and Owner in the following respects:

A. Patent Indemnification

To defend and indemnify Owner, Contractor and their members, agents, officers, directors, directors and employees against and save them harmless from any and all claims, suits, looses, liability, expense, including attorney’s fees or damage for any alleged or actual infringement of violation of any patent or patent right arising in connection with this Agreement and anything done thereunder;

B. Injury, Death or Damage

To protect, hold free and harmless, defend, and indemnify Owner and Contractor, including their members, officers, agents, directors, and employees from all liability, penalties, cost, losses, damages, expenses, causes of action, claims or judgments, including attorney’s fees, resulting from injury to or death sustained by any person (including Subcontractor’s employees) or damage to property of any kind, which injury, death, or damage arises out of the negligence, intentional or willful misconduct, breach of any statute or regulation or breach of any provision of the Subcontract by Subcontractor or its Subcontractors, suppliers, employees or any other individuals or entities for whom Subcontractor is responsible;

C. Breach

To the fullest extent permitted by law, Subcontractor shall defend and indemnify Contractor against, and save it harmless from any and all loss, damage, costs, expenses, and attorney’s fees suffered or incurred because of any breach of the aforesaid obligations and covenants or any other provision or covenant of this Subcontract by Subcontractor or its sub-Subcontractors, suppliers, employees or any other individuals or entities for whom Subcontractor is responsible. At any time before final settlement or adjudication of any loss, damage, liability, claim, demand, suit or cause of action for which Subcontractor in the Agreement agrees to defend and indemnify and save harmless Contractor, Contractor may withhold from any payments due or to become due under this Subcontract the reasonable value thereof, as determined solely by Contractor. Contractor further reserves the right to withhold from any payments due Subcontractor hereunder any amounts due Subcontractor from Contractor, whether or not arising under or related to this Agreement;

Subcontractor Initials:

4617 Weed Patch Court Greenwood CA 95635 - 470 Nevada Street, Suite 110, Auburn CA 95603 (866) 8-TRADES - dynamictrades.com - Rev05.02.22 Exhibit C

Doc ID: 9fd9997b7181d1a745573589af2fa145869b2b64 D. Safety

To the fullest extent permitted by law, Subcontractor shall comply fully with all laws, citations, codes, building codes, rules, regulations, standards and statues with respect to occupational health and safety, accident prevention, safety equipment practices, including the accident prevention and safety program of Owner and Contractor.

Subcontractor shall conduct inspections to determine that safe working conditions and equipment exist and accepts sole responsibility for providing a safe place to work for its employees and/or employees of its sub-Subcontractors and suppliers of material and equipment for adequacy of and required use of all safety equipment and for full compliance with the aforesaid laws, orders, citations, rules, regulations, standards and statutes. Subcontractor shall submit to Contractor a copy of its safety program along with this Agreement.

E. Claims and Attorney Fees

Subcontractor shall indemnify, defend and save harmless owner and Contractor and their members, officers, agents, and employees from any claim, citation, suit, penalty, damage, liability, loss, cost of expense, including attorney’s fees, arising from the failure to comply with any law, order, citation, rule regulation, standard or statute in any way relating to occupational health or safety of employees, including but not limited to the use of equipment, hoist, elevators, or scaffolds of Contractor or others by Subcontractor or Subcontractors, suppliers, employees or other individuals or entities for whom the Contractor is responsible;

F. Deficiency

Subcontractor shall defend, indemnify and hold harmless to Contractor for any breach or default by the Contractor of any obligation to be performed by Subcontractor pursuant to the terms of this agreement, including, but not limited to, any and all claims or allegations of defective and/or deficient work for materials furnished by Subcontractor or anyone for whom Subcontractor is responsible;

G. Payment In case a suit or any other legal proceeding is brought on any claim, bond claim, stop payment notice or mechanics lien for labor performed or materials used on or furnished in connection with Subcontractors work, Subcontractor shall pay and satisfy any such stop payment notice, lien, claim or judgment, and may be established by the decision of the court in said action. Subcontractor agrees within ten (10) days after written demand to cause effect of such suit, claims, action, stop payment notice, or lien to be removed from the project, and in the event

Subcontractor Initials:

4617 Weed Patch Court Greenwood CA 95635 - 470 Nevada Street, Suite 110, Auburn CA 95603 (866) 8-TRADES - dynamictrades.com - Rev05.02.22 Exhibit C

Doc ID: 9fd9997b7181d1a745573589af2fa145869b2b64 Subcontractor fails to do so, Contractor is authorized to use whatever means in its discretion it may deem appropriate to cause said lean, stop payment notice, claim or suit to be removed or dismissed and the cost thereof, together with actual attorney’s fees, shall be immediately due and payable to the Contractor by Subcontractor. Subcontractor agrees to defend, indemnify and hold harmless the Contractor for any such claims, bond claims, liens or stop payment notice in connection with Subcontractors work;

H. Environment Subcontractor shall defend, indemnify and hold harmless Contractor for any violation of any environmental laws by Subcontractor or any of its Subcontractors, suppliers, laborers, or arising out of the use, handling, transportation, generation, manufacture, storage, disposal or release of any hazardous substances and/or had a hazardous materials in the connection with the project. In addition, Subcontractor shall defend, indemnify and hold harmless Contractor for any Subcontractor violations of storm water pollution prevention plans, statutes and/or regulations by Subcontractor or its Subcontractors, suppliers, employees or any other individuals or entities for whom Subcontractor is responsible;

I. Full Force

All indemnification obligations of Subcontractor under this agreement shall remain in full force and effect has to claims occurring after this agreement is terminated or completed, and shall not be limited by the insurance requirements contained herein. Moreover, the defense and indemnification obligations set forth in this section shall not be limited in anyway by any limitations on the amount or type of damages, compensation benefits payable by or force a Contractor under Worker's Compensation Act, disability benefits ask her other employee benefit Act. Nothing contained in this indemnification provision, section 5(a) - (I) will be construed to impose any obligation in conflict with the current California state law. In the event of a conflict with the code section 2782, et seq, as may be amended, the agreement will be modified to allow indemnification and defense by Subcontractor to the greatest extent permitted by law.

Section 5

Insurance and Bonds: Subcontractor shall not commence work at the site under this contract until Subcontractor has obtained all required insurance, and until such insurance has been approved by the Contractor. Approval of the insurance by the Contractor shall not relieve or decrease the liability of the

Subcontractor Initials:

4617 Weed Patch Court Greenwood CA 95635 - 470 Nevada Street, Suite 110, Auburn CA 95603 (866) 8-TRADES - dynamictrades.com - Rev05.02.22 Exhibit C

Doc ID: 9fd9997b7181d1a745573589af2fa145869b2b64 Subcontractor hereunder. Certificates of insurance shall be filed by the Contractor prior to commencing work. Such certificates shall show that the insured are protected from claims for damages because of bodily injury, including death, to the Subcontractors employees and all others; and from claims for damages to property – any or all of which may arise of the result from the Subcontractors operations under the subcontract, whether such operations be by Contractor or by the other individual or entity from whom Subcontractor is responsible.

A. Rating Requirement

The required insurance must be written by a company licensed to do so in the state in which the work is located at the time the policy is issued, and carried in "A" (VI) rating or better as rated by A.M. Best.

B. Occurrence Basis

All policies shall be an occurrence basis form. "Modified Occurrence" and "Claims Made" policies are not acceptable.

C. Worker's Compensation

Worker's Compensation certificate may cover multiple jobs if all jobs are in one state and it states "all (insert state here) operations" and conforms to all applicable requirements listed herein.

D. Cancellation or Lapse

Subcontractor shall not cause any insurance to be canceled or permit any insurance to lapse. Certificates of insurance cancellation provision shall state that "should any of the above described policies be canceled before the expiration date thereof, notice will be delivered in accordance with the policy provisions” or the equivalent. Certificates of insurance shall contain transcripts from the proper office of the insurer, evidencing in particular those insured, the extent of the insurance, the location and operations to which the insured supplies, expiration date, and the above-mentioned cancellation clause.

E. Duration

Subcontractor shall, at its expense, take care and maintain insurance for the duration of the subcontract on all of its operations, and companies acceptable to the Contractor as follows in the attached sample policy [exhibit A].

Subcontractor Initials:

4617 Weed Patch Court Greenwood CA 95635 - 470 Nevada Street, Suite 110, Auburn CA 95603 (866) 8-TRADES - dynamictrades.com - Rev05.02.22 Exhibit C

Doc ID: 9fd9997b7181d1a745573589af2fa145869b2b64 F. Performance and Payment Bonds

If Performance and Payment Bonds are required of the Subcontractor, such bonds shall be issued by a surety admitted in the state in which the Project is located and must be acceptable to DTI. DTI’s acceptance shall not be withheld without reasonable cause. The penal sum of the Payment Bond and of the Performance Bond shall each be in the full Subcontract Amount. The Subcontractor shall be reimbursed for the cost of the required performance of payment bonds simultaneously with the first progress payment if said bond is requested after the bid date. Reimbursement will be for the amount Subcontractor has paid to its bonding company, provided Subcontractor has provided proof of payment and invoices to DTI. If the Subcontractor fails to provide any required bonds, DTI may terminate this Agreement and enter into a subcontract with another subcontractor. All DTI costs and expenses incurred by DTI as a result of said termination shall be paid by the Subcontractor.

G. Design Services

If the Subcontractor is required to provide Design Services, the Subcontractor shall require its design professional(s) to maintain professional liability insurance with a company reasonably satisfactory to DTI. This shall include contractual liability insurance and include coverage for any professional liability caused by consultants of its design professional. The professional liability insurance shall contain prior act coverage sufficient to cover all subcontract services rendered by the design professional.

Section 6

Accounting Records:

The Subcontractor shall keep full and detailed records and accounts related to the cost of the work and exercise such controls as may be necessary for proper financial management under this contract and to substantiate all costs incurred. They counting and control system shall be satisfactory to the Contractor. The Contractor and the Contractors auditors shall, during regular business hours and upon reasonable notice, be offered access to, and shall be permitted to audit and copy, the Subcontractors records and accounts, including complete documentation supporting accounting entries, books, accounts, audits, inspections, test reports, correspondence, instructions, drawings, receipts, suppliers proposals, purchase orders, vouchers, memoranda and other data relating to this contract. Subcontractor shall supply Contractor with reasonable facilities for such audits. The Subcontractor shall preserve these records for a period of five years after final payment, or for such long periods as may be required by law.

Subcontractor Initials:

4617 Weed Patch Court Greenwood CA 95635 - 470 Nevada Street, Suite 110, Auburn CA 95603 (866) 8-TRADES - dynamictrades.com - Rev05.02.22 Exhibit C

Doc ID: 9fd9997b7181d1a745573589af2fa145869b2b64 Section 7

Payment:

Monthly progress payment will be paid by the 25th of the following month or within seven (7) days following receipt of payment from owner. A minimum of 10% retention will be withheld from all payments until final payment. Final payment will be made within seven (7) days following Contractor’s receipt of final payment from the owner. Application for payment received after 20th of the month are subject to being excluded from that months application for payment to the owner and will not be paid until the 25th of the following month or on the next month application to the owner. Contractor agrees to pay Subcontractor according to the terms and conditions set forth in the subcontract with the understanding that:

The payments to the Subcontractor are subject to the conditions precedent that Contractor received payment from the owner for such were covered by the Subcontractors billing; and that any payments may be made, at the option of the Contractor, by joint checks to Subcontractor and it's material man, Subcontractors and suppliers;

1. That said work must comply with all laws, code regulations and the contract documents;

2. The Subcontractor has furnished the Contractor satisfactory evidence that all the Subcontractors subset of Contractors, suppliers and vendors have received payment for labor and materials furnished to the project;

3. Before retention payment is released Subcontractor and playing union labor must present written evidence to the Contractor from the appropriate funds offices for its trade or craft that all fringe benefits have been paid for their labor on this project. (These offices include health, welfare and vacation, pension and apprenticeship fund offices.) Payments to Subcontractor shall not imply acceptance of Subcontractors work.

In the event Contractor does not receive timely payment from Owners or becomes involved in a dispute with Owner that results in Owner withholding payment from Contractor, Subcontractor agrees to allow Contractor sufficient time to resolve, and if necessary, exhaust all necessary dispute resolution procedures between Contractor and Owner. Moreover, Subcontractor agrees to stay any legal action or proceeding as well Contractor pursues its claim with the owner. This

Subcontractor Initials:

4617 Weed Patch Court Greenwood CA 95635 - 470 Nevada Street, Suite 110, Auburn CA 95603 (866) 8-TRADES - dynamictrades.com - Rev05.02.22 Exhibit C

Doc ID: 9fd9997b7181d1a745573589af2fa145869b2b64 provision shall not prevent Subcontractor from initiating action to preserve any mechanics lien, stop notice or other remedies provided by law; however, Subcontractor agrees to stay such action until such time as Contractor resolves its claim with the owner. Subcontractor also agrees that no interest will accrue any unpaid subcontract balance during the period that Contractor is pursuing its claims against the owner.

Section 8

Project Schedule:

Time is of the essence. Subcontractor agreements to perform its scope of work timely and so as not to delay or interfere with DTI's timely completion of the project. Subcontractor agrees to provide sufficient manpower and resources to complete its scope of work pursuant to the project schedule requirements and any and all other deadlines set forth in the contract documents or the schedule required by DTI.

Section 9

Right to Withhold Payment:

The Contractor may deduct from any amounts due or to become due to Subcontractor any sum or sums owing by the Subcontractor to the Contractor resulting from: (1) Subcontractors breach of any of the obligations arising from this agreement; (2) Rejected, nonconforming and/or defective work and or materials which have not been corrected to the satisfaction of Contractor; (3) loss or damages arising out of or relating to this agreement caused by Subcontractor; (4) Subcontractors failure to timely perform this agreement; (5) any claims, liens or stop notices against the project arising out of Subcontractors working in connection with this agreement; and (6) third-party claims involving the Subcontractor a reasonable evidence demonstrating that third-party claims are likely to be filed against the project. Contractor shall have the further right to withhold any monies payable under this agreement or any other subcontract between Contractor and Subcontractor unrelated to a project, to such extent as maybe necessary to protect Contractor from loss, including costs and attorney fees as provided above. So long as the right of withhold an offset is exercise by Contractor in good faith, Subcontractor hereby waives any claims against Contractor for consequential damages flowing from such withholding and offset even if it is later determined that the withhold or offset was improper.

Subcontractor Initials:

4617 Weed Patch Court Greenwood CA 95635 - 470 Nevada Street, Suite 110, Auburn CA 95603 (866) 8-TRADES - dynamictrades.com - Rev05.02.22 Exhibit C

Doc ID: 9fd9997b7181d1a745573589af2fa145869b2b64 Section 10 Termination:

If Subcontractor refuses or neglects to supply enough properly skilled workers and/or proper materials, or fails to properly and diligently prosecute the work covered by this agreement, or fails to make prompt payment to its workers, Subcontractors, suppliers or becomes delinquent with regard to contributions or payments required to be made to any health and welfare, pension, vacation, apprenticeship or other employee benefit program or trust, fails to pay prevailing wages, or is otherwise guilty of material breach a provision of this agreement, and fails within 48 hours after receipt of written notice to commence and continue satisfactory correction of such default with diligence and promptness, the Contractor, without prejudice to any other ride to remedies, shall have the right to any or all the following remedies:

1. Supply such number of workers and quantity of materials, equipment and other facilities as Contractor deems necessary for the completion of Subcontractors work, or any part thereof which Subcontractor has failed to complete the form and charge the cost thereof to Subcontractor who shall be liable for the payment of the same including reasonable cost, overhead and profit and actual attorney fees incurred as a result of such Subcontractors failure of performance;

2. Contract with one or more additional contractors to perform such part of the Subcontract Work as DTI determines will provide the most expeditious completion of the Work, and charge the cost to the Subcontractor as provided under subsection (a) above;

3. Terminate the Agreement by written notice.

Section 11 Submittals:

The Subcontractor shall submit for approval to DTI all shop drawings, samples, product data, manufacturers literature, and similar submittals required by the Subcontract Documents. Submittals shall be submitted in electronic form, unless hard copies are required. The Subcontractor shall be responsible for the accuracy and conformity of its submittals to the Subcontract Documents. The Subcontractor shall prepare and deliver its submittals to DTI in a manner consistent with the Progress Schedule and in such time and sequence so as not to delay

Subcontractor Initials:

4617 Weed Patch Court Greenwood CA 95635 - 470 Nevada Street, Suite 110, Auburn CA 95603 (866) 8-TRADES - dynamictrades.com - Rev05.02.22 Exhibit C

Doc ID: 9fd9997b7181d1a745573589af2fa145869b2b64 DTI or others in the performance of work. The Subcontractor’s submittals shall identify in writing for each submittal all changes, deviations, or substitutions from the requirements of the Subcontract Documents. If the Subcontract Documents do not contain submittal requirements pertaining to the Subcontract Work, the Subcontractor agrees, upon request, to submit in timely fashion to DTI for approval, any shop drawings, samples, product data, manufacturers’ literature, or similar submittals as may be reasonably required by DTI, Owner, or Design Professional.

Section 12

Substitutions:

No substitutions shall be made in the Subcontract work unless permitted in the Subcontract Documents, and only upon the Subcontractor first receiving all approvals required under the Subcontract Documents for substitutions.

Section 13

Warranty:

Subcontractor warrants and guarantees the work and materials covered by this Agreement and agrees to make good, at its expense, any defect in materials or workmanship, including the restoration of work of Contractor, Subcontractor or other sub-Subcontractors that has been affected thereby. Subcontractor further agrees that (1) on demand of Contractor, Subcontractor will furnish and pay for a maintenance bond to indemnify Contractor for any loss that may be caused by breach of said warranty and guarantee; and on demand, Subcontractor shall furnish and pay for all written guarantees and/or maintenance bonds required by the Contract Documents in connection with Subcontractor’s Work; (2) unless and until Contractor is released from responsibility by Owner, Contractor may withhold payment from Subcontractor such sums, at Contractor’s discretion, as are necessary to protect and indemnify Contractor from any loss that may be caused by breach of said warranty or guarantee. The warranty and guarantee provided in this section shall be in addition to, and not in limitation of, any other warranty or remedy required or provided by law or by the Contract Documents.

Subcontractor agrees to assume towards Contractor and Owner all the obligations and responsibilities that Contractor assumes towards Owner as set forth in the Prime Contract or Contract Documents including, but not limited to warranty or guarantee requirements, and

Subcontractor Initials:

4617 Weed Patch Court Greenwood CA 95635 - 470 Nevada Street, Suite 110, Auburn CA 95603 (866) 8-TRADES - dynamictrades.com - Rev05.02.22 Exhibit C

Doc ID: 9fd9997b7181d1a745573589af2fa145869b2b64 including all conditions, drawings, specifications, and addenda thereto and other documents which herein have been referred to insofar as applicable, generally or specifically, to the materials to be furnished and the work to be performed under this Agreement. Establishment of the warranty period for correction of the work related only to the specific obligation of Subcontractor to correct the work, and has no relationship to the time within which the obligation to comply with the Contract Documents may be sought to be enforced, nor to the time within which proceedings may be commenced to establish the Subcontractors liability with respect to its warranty obligations.

Section 14

Independent Contractor Warranty:

Subcontractor warrants that on a Project site, Subcontractor is in complete and full control over the labor and employment conditions of his employees, including the payment of all wages and fringe benefit contributions, and furthermore, that Subcontractor is in full compliance with all the conditions of the Fair Labor Standards Act, National Labor Relations Act and related acts and state and/or local prevailing wage and apprenticeship laws (if applicable), Civil Rights Act of Relations Act of 1964, Age Discrimination in Employment Act, Americans with Disabilities Act, Employee Retirement Income and Security Act, the applicable state Labor Code and the applicable state Fair Employment Practices Act, and other federal, state and local labor, wage and hour, and employment laws, and their respective regulations and rules. Should any lien, encumbrance or stop notice be filed on this Project for alleged under payments or non-payments of wages, fringe benefits, prevailing wage penalties or related matters, Subcontractor warrants and guarantees that such liens, encumbrances or stop notices will be removed within 48 hours, or within the same period of time, Subcontractor will bond around such liens, encumbrances or stop notices in the manner prescribed under the applicable federal, state and local law. In the event Subcontractor fails to comply with any provision of this section, such failure will be considered a material breach of this Agreement and Contractor may exercise any and all remedies for material breach contained in this Agreement. Subcontractor represents that it is, or prior to the start of work hereunder that it will become, an Independent Contractor and an employing unit subject as an employer, to all applicable Unemployment status and Federal and state statutes including Workers’ Compensation statutes relating to payroll retention and contributions so as to relieve Contractor of any responsibility or liability for treating Subcontractor’s employees as employees of Contractor for the purpose of keeping records, making reports and payment of Unemployment Compensation taxes or contributions of payroll contributions and retention, and payment of Workers’ Compensation Insurance. Subcontractor Initials:

4617 Weed Patch Court Greenwood CA 95635 - 470 Nevada Street, Suite 110, Auburn CA 95603 (866) 8-TRADES - dynamictrades.com - Rev05.02.22 Exhibit C

Doc ID: 9fd9997b7181d1a745573589af2fa145869b2b64 Section 15 Miscellaneous Provisions:

A. Waiver

The failure of Contractor to insist, in any one or more instances, upon the performance of any term or condition of this Agreement or to exercise any of its rights, shall not be construed as a waiver or relinquishment of the term, covenant, condition or right with respect to future or further performance.

B. Applicable Law

This Agreement shall be construed and interpreted under the laws of the state of California. Should any provision of this Agreement be in conflict with any law, ruling or regulation, then such provision shall continue in effect only to the extent permitted. In the event any provision of this Agreement is thus held void or unenforceable, the remaining provisions of this Agreement shall remain in full force and effect to the extent permitted by law. Contractor and Subcontractor agree that this Agreement was jointly drafted, and that they both had opportunity to negotiate its terms and to obtain the assistance of counsel in reviewing its terms prior to execution. Therefore, this Agreement shall be construed neither against nor in favor of either party, but shall be construed in a neutral manner.

C. Attorney Fees

In the event any party to this Agreement is required to bring legal action to interpret, enforce or to resolve any disputes arising out of this agreement, the prevailing party shall be entitled to recover all of its reasonable attorney fees and costs (including expert fees), insurance in connection therewith.

D. Storm Water Pollution Prevention Requirements

Subcontractor shall comply with applicable storm water pollution prevention plans, requirements, laws, rules or regulations in connection with the Project. Subcontractor will be responsible for any damages, fines, penalties, or other losses or claims arising or of Subcontractor’s violation of such storm water pollution prevention requirements in addition to Subcontractor’s obligations to defend and indemnify Contractor as required in Section 5 above.

Subcontractor Initials:

4617 Weed Patch Court Greenwood CA 95635 - 470 Nevada Street, Suite 110, Auburn CA 95603 (866) 8-TRADES - dynamictrades.com - Rev05.02.22 Exhibit C

Doc ID: 9fd9997b7181d1a745573589af2fa145869b2b64 Subcontractor is responsible for following the state’s SWPPP (Storm Water Pollution Prevention plan) program. If Subcontractor damages any Best Management Practices (BMP’s) or tracks mud onto any roadways then Subcontractor will be immediately responsible for all repairs and/or cleanup and Subcontractor shall indemnify Contractor for any assessed fines and/or penalties. Should Subcontractor fail to comply with this clause, Contractor’s Project Superintendent will issue an eight (8) hour Notice to Comply via email to the Subcontractor’s office and hand deliver a copy to the Subcontractor’s lead individual on site. If Subcontractor does not comply within eight (8) hours, Contractor will immediately take action to correct deficiencies at Subcontractors expense.

E. Safety Data Sheets

Subcontractor shall submit to Contractor all safety data sheets required by law for materials or substances necessary for the performance of Subcontractor’s work.

F. Integrated Agreement

It being expressly agreed and understood that the terms and provisions of this agreement shall constitute the full, final and complete Agreement between Contractor and Subcontractor regarding this Project. No agent or representative of either party has authority to make, and the parties shall not be liable for, any statement, representation, promise or Agreement not set forth herein.

G. Dispute Resolution Procedures

In the event a dispute between Contractor and Subcontractor arises out of this Agreement, the parties shall meet informally in a good faith effort to explore resolution of the dispute. Any dispute resolution procedure in the Prime Contract between Contractor and Owner or the Contract Documents shall be deemed incorporated into this Agreement, and shall apply to any disputes arising hereunder but only to the extent that such claims or disputes involve the acts, omissions or the responsibility and/or require the participation of the Owner.

Subcontractor Initials:

4617 Weed Patch Court Greenwood CA 95635 - 470 Nevada Street, Suite 110, Auburn CA 95603 (866) 8-TRADES - dynamictrades.com - Rev05.02.22 Exhibit C

Doc ID: 9fd9997b7181d1a745573589af2fa145869b2b64 H. Bankruptcy

Upon the appointment of a Receiver for Subcontractor or upon Subcontractor making an assignment for the benefit of creditors or if Subcontractor seeks protection under the Bankruptcy Code or commits any other act of insolvency, Contractor may, absent any applicable legal limitation, terminate this Agreement upon giving 48 hours written notice by certified mail, to Subcontractor and its Surety, if any. If an order for relief is entered under the Bankruptcy Code with respect to said Subcontractor, Contractor may terminate this Agreement by giving 48 hours written notice, by certified mail, to Subcontractors, its Trustee and its Surety, if any, unless Subcontractor, the Surety or the Trustee:

1. Properly cures all defaults;

2. Provides adequate assurance of future performance;

3. Compensates Contractor for actual property loss resulting from such defaults; and

4. Assumes the obligations of Subcontractor within the statutory time limits.

If Subcontractor is not performing in accordance with the Project schedule at the time of entering an order for relief or at any subsequent time, Contractor, while awaiting the decision of Subcontractor or its Trustee to reject and/or accept this Agreement and provide adequate assurance of its ability to perform hereunder, may avail itself of such remedies under this Section as reasonably necessary to maintain the schedule of work. Contractor may offset against any sums due or to become due Subcontractor all incurred in pursuing any of the remedies provided hereunder, including, but not limited to, all costs, reasonable overhead, profit and actual attorney fees incurred as a result of Subcontractor’s failure to perform.

Subcontractor Initials:

4617 Weed Patch Court Greenwood CA 95635 - 470 Nevada Street, Suite 110, Auburn CA 95603 (866) 8-TRADES - dynamictrades.com - Rev05.02.22 Exhibit C

Doc ID: 9fd9997b7181d1a745573589af2fa145869b2b64 I. List of Exhibits

Incorporated into the Subcontract Agreement are the following exhibits which are attached hereto and incorporated into and made a part of this Master Subcontract Agreement:

Exhibit A: Sample Insurance Policy Certificate, with minimum amounts

Exhibit B: Lower Tiered Subcontractor Form

Exhibit C: Subcontractor Safety Expectations

Exhibit D: Company Contact Information

Notice:

Contractors are required by law to be licensed and regulated by the applicable Contractor’s State License Board which has jurisdiction to investigate complaints against Contractors if a complaint regarding a patent at or omission is filed within four (4) years of the date of the alleged violation or within the time specified by the applicable state. A complaint regarding a latent act or omission pertaining to structural defects must be filed within ten (10) years of the date of the alleged violation or within the time specified by the applicable state. Any questions concerning Contractor may be referred to the State Licensing Board of the applicable state in which the work is being performed.

Subcontractor Initials:

4617 Weed Patch Court Greenwood CA 95635 - 470 Nevada Street, Suite 110, Auburn CA 95603 (866) 8-TRADES - dynamictrades.com - Rev05.02.22 Exhibit C

Doc ID: 9fd9997b7181d1a745573589af2fa145869b2b64 Exhibit A: Sample Insurance Policy Certificate with required minimums.

4617 Weed Patch Court Greenwood CA 95635 - 470 Nevada Street, Suite 110, Auburn CA 95603 (866) 8-TRADES - dynamictrades.com - Rev05.02.22 Exhibit C

Doc ID: 9fd9997b7181d1a745573589af2fa145869b2b64 Exhibit B: Lower Tiered Subcontractor Form

Will you have any lower tiered subcontractors performing any portion of work on projects?

Yes No

If no, please sign below and return. If yes, complete the following information, sign and return.

Company Name: AZ Framing & Remodeling LLC

Company Address: Po Box 2973 Peoria AZ 85380 Contractor's License #: ROC 303361/299604

Contact Name: Paul Bland

Phone Number: [number redacted] Email: [email redacted]

Any and all lower tiered subcontractors need to adhere to all requirements and promises as detailed in the subcontract agreement between subcontractor and DTI. An insurance certificate meeting all insurance requirements needs to be provided prior to lower tiered subcontractor performing any work onsite.

Paul Bland Printed Name

Signature

If Additional Forms for Lower Tiered Subs are required please request from the issuing office and the appropriate number of forms will be added to this agreement and reset for execution.

Subcontractor Initials:

4617 Weed Patch Court Greenwood CA 95635 - 470 Nevada Street, Suite 110, Auburn CA 95603 (866) 8-TRADES - dynamictrades.com - Rev05.02.22 Exhibit C

Doc ID: 9fd9997b7181d1a745573589af2fa145869b2b64 Exhibit C: Subcontractor Safety Expectations The personal safety and health of each of our employees as well as yours is of the utmost importance to DTI. To be successful in this aspect, safety expectations of our subcontractors need to be discussed, reviewed and acknowledged by each subcontractor. Please review, initial each box and sign at the bottom then return to our office within 7 days of receipt of subcontract. Forward digital copy of IIPP to project manager within 7 days of receiving your subcontract. Ensure all employees are adequately trained for the duties he or she is expected to perform and for the applicable hazards he or she may encounter. Document required employee training and provide appropriate training records upon DTI’s request. Provide employees with and train employees on appropriate personal protective equipment (PPE) and any other requisite safety equipment to conduct his or her scope of work. The minimum PPE required on a DTI job site includes but is not limited to ANSI approved safety toed footwear, hard hats, and safety glasses. It is the subcontractors responsibility to provide the appropriate PPE to their employees. Ensure its operating equipment is in compliance with appropriate manufacturer and regulatory standards and it properly maintained, inspected, and operated in a safe manner by properly trained personnel. Maintain good housekeeping practices at the site to prevent safety and environmental hazards. If housekeeping standards are not met, after twenty four hour notice, DTI reserves the right to remedy the housekeeping issue at the subcontractors expense. When onsite, it is expected that your employees will attend DTI's tailgate meetings that are given on a bi-weekly basis by our Superintendent. When onsite, all employees must read and sign the daily job hazard analysis sheet. The location of this sheet to be determined by our Superintendent. I hereby acknowledge that I have read, understand and will adhere to the above safety expectations of DTI. I further agree to communicate and train my company's employees on these responsibilities and expectations and to ensure these responsibilities and expectations are met by company listed below. Company Name: AZ Framing & Remodeling LLC Printed Name:Paul Bland Date: 07 / 19 / 2022 Signature:

4617 Weed Patch Court Greenwood CA 95635 - 470 Nevada Street, Suite 110, Auburn CA 95603 (866) 8-TRADES - dynamictrades.com - Rev05.02.22 Exhibit C

Doc ID: 9fd9997b7181d1a745573589af2fa145869b2b64 I, the undersigned, do hereby acknowledge I have read the aforementioned contract, in its entirety, and do hereby agree to all provisions herewithin.

General Contractor: Dynamic Trades Inc.

Signature

Andrew Klein Print Name

/ 10 / 2022 CBO Title Date

AZ Framing & Remodeling LLC Sub-Contractor:

Signature

Paul Bland ROC 303361/299604 Print Name Contractors License#

/ 19 / 2022 Owner Title Date

4617 Weed Patch Court Greenwood CA 95635 - 470 Nevada Street, Suite 110, Auburn CA 95603 (866) 8-TRADES - dynamictrades.com - Rev05.02.22 Exhibit C

Doc ID: 9fd9997b7181d1a745573589af2fa145869b2b64 Gail Mathews <[email redacted]>

Fwd: 3rd Requesst----Notice of No Pay Complaint 2024-04998 messages

Administrator <[email redacted]> Thu, May 30, 2024 at 10:52 AM To: Gail Mathews <[email redacted]>

Gail, Please forward a copy of Dynamic Trades response. I need to know what's going on, and If I need to take my complaint further to the ombudsman.

Thank you, Marilyn

(623) 385-2044 Monday - Friday 8:00 AM - 5:00 PM

---------- Forwarded message --------- From: Administrator <[email redacted]> Date: Wed, May 22, 2024 at 4:52 PM Subject: Re: Notice of No Pay Complaint 2024-04998 To: Gail Mathews <[email redacted]>

Gail, I am just following up on this case, can you please let us know if you have received a response yet?.

Thank you, Marilyn

(623) 385-2044 Monday - Friday 8:00 AM - 5:00 PM

On Tue, May 14, 2024 at 4:29 PM Gail Mathews <[email redacted]> wrote: Attached is the Notice of No Pay Complaint that was mailed via regular mail.

Thank you,

-- Gail Mathews

Legal Assistant 602-771-6804 [email redacted] 1700 W Washington Suite 105 Phoenix, AZ 85007 Fill out AZ ROC's survey to let us know how we're doing and how we can better serve you! Facebook

The ROC is now on social media! Make sure to follow us on: Facebook Twitter

Gail Mathews <[email redacted]> Fri, May 31, 2024 at 8:24 AM To: Administrator <[email redacted]>

Please see attached.

Also, you are welcome to call our main office line in cases like this... I have been out of the office and have not had access to my computer. I apologize for making you have to threaten me but I have other cases and other work to do besides this complaint. You also have public access to request anything from the file by going on to our website: roc.az.gov to request any and all documents.

Thank you for your patience and understanding. [Quoted text hidden]

20240523 Response to Complaint 2024-04998 redacted.pdf 2828K Gail Mathews <[email redacted]>

Fwd: 3rd Requesst----Notice of No Pay Complaint 2024-04998 Administrator <[email redacted]> Fri, May 31, 2024 at 10:23 AM To: Gail Mathews <[email redacted]> Cc: [email redacted]

Gail, No one made threats other than to take our complaints higher since ROC is not doing what needs to be done and cite this company for taking advantage of small businesses.

This is our third complaint in nearly two years and the ROC has not cited dynamic trades for not paying their subs that provided materials, equipment labor and hardware. As you should understand we are a small company and our company works off of the funds we get paid for our work. As previously stated this job was completed 1/15/2023 where does the law allow larger companies to take advantage of our services.

This is the second company that has used their contracts to delay or not pay for the work that we provided as well as materials and equipment, and the ROC has not cited either one of them.

Thanks!

(623) 385-2044 Monday - Friday 8:00 AM - 5:00 PM

[Quoted text hidden] Gail Mathews <[email redacted]>

Fwd: 3rd Requesst----Notice of No Pay Complaint 2024-04998 messages

Administrator <[email redacted]> Thu, May 30, 2024 at 10:52 AM To: Gail Mathews <[email redacted]>

Gail, Please forward a copy of Dynamic Trades response. I need to know what's going on, and If I need to take my complaint further to the ombudsman.

Thank you, Marilyn

(623) 385-2044 Monday - Friday 8:00 AM - 5:00 PM

---------- Forwarded message --------- From: Administrator <[email redacted]> Date: Wed, May 22, 2024 at 4:52 PM Subject: Re: Notice of No Pay Complaint 2024-04998 To: Gail Mathews <[email redacted]>

Gail, I am just following up on this case, can you please let us know if you have received a response yet?.

Thank you, Marilyn

(623) 385-2044 Monday - Friday 8:00 AM - 5:00 PM

On Tue, May 14, 2024 at 4:29 PM Gail Mathews <[email redacted]> wrote: Attached is the Notice of No Pay Complaint that was mailed via regular mail.

Thank you,

-- Gail Mathews

Legal Assistant 602-771-6804 [email redacted] 1700 W Washington Suite 105 Phoenix, AZ 85007 Fill out AZ ROC's survey to let us know how we're doing and how we can better serve you! Facebook

The ROC is now on social media! Make sure to follow us on: Facebook Twitter

Gail Mathews <[email redacted]> Fri, May 31, 2024 at 8:24 AM To: Administrator <[email redacted]>

Please see attached.

Thank you for your patience and understanding. [Quoted text hidden]

20240523 Response to Complaint 2024-04998 redacted.pdf 2828K

Administrator <[email redacted]> Fri, May 31, 2024 at 10:23 AM To: Gail Mathews <[email redacted]> Cc: [email redacted]

Gail, No one made threats other than to take our complaints higher since ROC is not doing what needs to be done and cite this company for taking advantage of small businesses.

This is the second company that has used their contracts to delay or not pay for the work that we provided as well as materials and equipment, and the ROC has not cited either one of them.

Thanks!

(623) 385-2044 Monday - Friday 8:00 AM - 5:00 PM

[Quoted text hidden]

Gail Mathews <[email redacted]> Fri, May 31, 2024 at 10:48 AM To: Mary Coyne <[email redacted]>

Just a FYI.

I rec'd a phone call and a request to forward the Respondent's response on Friday May 24, 2024. This was a 3-day weekend. On Tuesday I took a last minute Settlement Conference. Wednesday I had meetings and was preparing for Thursday's trial that was an all day event, so that took me out of the office. I received a threat this morning (Friday May 31) that they will submit a complaint with the Ombudsman - which they did. This Complainant has not been so nice to me (I don't care and haven't held it against them) but the complaint is still in review (with Robert). This morning's email has been forwarded to the Ombudsman so I know they will be reviewing it. I did reply (a bit passive aggressively) that they could have called the main office line and/or requested the document by submitting a public record request.

I am forwarding the entire chain and my response as a heads up.

Thank you, [Quoted text hidden]

Administrator <[email redacted]> Tue, Jun 11, 2024 at 1:07 PM To: Gail Mathews <[email redacted]>

Gail, Can you please provide an update on this complaint?

Thank you, Marilyn

(623) 385-2044 Monday - Friday 8:00 AM - 5:00 PM

[Quoted text hidden]

Gail Mathews <[email redacted]> Wed, Jun 12, 2024 at 11:16 AM To: Administrator <[email redacted]>

Good afternoon,

It is with the Assistant General Counsel for review and signature.

Thank you. [Quoted text hidden] REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA

Case No. 2024-04998 AZ Framing and Remodeling LLC,

COMPLAINANT, CITATION v. Dynamic Trades Inc , License No. ROC 328944, RESPONDENT.

The Registrar issues this Citation to Dynamic Trades Inc., (“Respondent”) under A.R.S. § 32-1155(A). If Respondent fails to answer this Citation by July 6, 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 April 30, 2024, AZ Framing and Remodeling 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

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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 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. 2024-04998. 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 July 6, 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 June 21, 2024. By: /s/ Robert Stirling Robert Stirling Assistant General Counsel Legal Department Arizona Registrar of Contractors

COPY of the foregoing mailed by Certified Mail, Return Receipt Requested, June 21, 2024 to: Respondent Certified Mail No: [number redacted] Dynamic Trades Inc. 4617 Weed Patch Ct Greenwood, CA 95635

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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: Dynamic Trades Inc 4617 Weed Patch Ct Greenwood, CA 95635

Complainant AZ Framing and Remodeling LLC Po Box 2973 Peoria, AZ 85380

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. 2024-04998 / GM

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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 Non-Payment Complaint Form Departmental Use Only Complaint Number: Mail to: Registrar of Contractors P.O. Box 18243 Phoenix, AZ 85005-8243

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) Dynamic Trades Inc ROC 328944 Street Address City State Zip Code

Phone Number Email Address

Re: Dynamic Trades / 3rd complaint request

To whom it may concern:

If you need anything else, please let me know.

Thank you, Marilyn Bland Phone - 623-385-2044 Email - [email redacted] ROC: 303361

CCO #002 Project: C20531 - TLE Goodyear 16450 W Yuma Rd Goodyear , Arizona 85338

DATE CREATED: 12/09/2022 CREATED BY: Krystyn Tverberg (Dynamic Trades Inc.)

CONTRACT STATUS: Pending - In Review REVISION: 0

REQUEST RECEIVED LOCATION: FROM:

DESIGNATED REVIEWER: REVIEWED BY:

DUE DATE: REVIEW DATE:

INVOICED DATE: PAID DATE:

REFERENCE: CHANGE REASON: Job Cost

PAID IN FULL: No EXECUTED: No

ACCOUNTING METHOD: Amount Based SCHEDULE IMPACT:

FIELD CHANGE: No SIGNED CHANGE ORDER RECEIVED DATE:

TOTAL AMOUNT: $0.00

DESCRIPTION: CE #013 - T&M for Wood Blocking Division 6 - Rough Carpentry

Provide labor and material to complete rough carpentry and miscellaneous wood blocking.

CE #014 - T&M Pergolas Division 10 - Protective Covers

Provide labor and material to provide and install TREX pergolas.

CE #020 - T&M Install of Exterior Doors & Interior Window Frames Division 6 - Rough Carpentry Provide labor to install exterior door frames and interior window frames on a T&M rate.

ATTACHMENTS: Change order (4) dynamic trades.pdf

CHANGE ORDER LINE ITEMS:

AZ Framing & Remodeling LLC P.O Box 2973 Peoria, Arizona 85380

ProcoreGeneralContractorSignHere ProcoreGeneralContractorSignedDate ProcoreSubcontractorSignHere ProcoreSubcontractorSignedDate

SIGNATURE DATE SIGNATURE DATE

CUSTOMER Dynamic Trades Inc 16450 W Yuma Road Goodyear, AZ 85338 530.368.6083 [email redacted]

DESCRIPTION TAXED AMOUNT Provide/ All framing, labor, materials, trusses, equipment hardware. 80% of remaining labor cost 58,799.20

x ___________________________________________ Print Name:

If you have any questions about this invoice, please contact [email redacted] Thank You For Your Business!

CUSTOMER Dynamic Trades Inc 16450 W Yuma Road Goodyear, AZ 85338 530.368.6083 [email redacted]

DESCRIPTION TAXED AMOUNT Provide/ blocking for other trades hours x 7 guys 2,800.00 materials 827.49

Please see attached T&M ticket.

x ___________________________________________ Print Name:

If you have any questions about this invoice, please contact [email redacted] Thank You For Your Business!

REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA AZ Framing & Remodeling LLC,

COMPLAINANT, Complaint No. 2024-04998 v. WRITTEN ANSWER TO CITATION Dynamic Trades, Inc License No. ROC 328944 AND COMPLAINT RESPONDENT. Respondent, DYNAMIC TRADES, INC, responds with an affirmative defense to the Citation and Complaint as follows: General Denial of Complaint Respondent denies all allegations as contained in the Complaint submitted by Complainant regarding failure to pay final payment in a timely manner and asserts the following affirmative

defenses. AFFIRMATIVE DEFENSES I. PAYMENT HAS BEEN MADE IN FULL The Complainant alleges that Respondent has failed to pay final payment in a timely manner. This Citation and Complaint is moot as Respondent paid Complainant the full final retention

amount of $8,492.57 with a check issue date of 05/21/2024, following payment from the Owner on 5/17/24. This final check was endorsed and deposited by Complainant on 6/17/2024. See Exhibit A for the cleared check of final payment. Regarding Complainant’s claim that the amount owed for final payment was $14,700.00, it is Respondent’s position that this is an incorrect representation of the dollar amount Respondent RECEIVED LEGAL 7/03/2024

owed Complainant in final retention due upon receipt of retention payment from Owner. The amount claimed by Complainant of $14,700.00 in retention appears to correlate to 10% of the

contract balance, after subtracting the amount paid to them upfront by the Respondent with no retention held, without accounting for the approved change orders that added to the contract sum, nor the back charges of $4,225.00 that were applied due to Complainant’s installation of non- conforming materials, to wit, unpainted Hardie Plank, and Complainant’s subcontractor’s incorrectly designed trusses. See attached Exhibit B for the email correspondence showing the

Complainant’s acknowledgment of responsibility for these back charges, as well as Exhibit C containing the plan sheet showing the pre-painted HardiPlank color was specified on the plans. Additionally, Respondent asserts that Complainant overbilled $7,300.27 in unapproved charges above the final contract amount. After accounting for the change orders, the back charges and the overbilled amounts, Respondent holds forth that the correct amount owed to Complainant in

retention was $8,492.57. The calculation of the correct retention amount for final payment is shown in the Payment Summary attached as Exhibit D. Furthermore, Complainant signed a conditional waiver which, per its terms, became effective on the date on which the Complainant received the final payment for the amount of $8,492.57. The check for this amount was endorsed and deposited by Complainant on June 17, 2024, as seen

in aforementioned Exhibit A. The conditional waiver was signed by Complainant with $0.00 for disputed claims placed in the Exceptions section. Even if Complainant now states a dispute of the final payment amount, per the executed waiver, Complainant waived any right to any other amount upon depositing the check for the amount contained in the Conditional Waiver. See Exhibit E for Conditional Waiver and Release on Final payment.

II. FINAL PAYMENT WAS NOT DUE AT THE TIME OF THE COMPLAINT BY ARIZONA STATE LAW (A.R.S § 32-1183(B))

Dynamic Trades, Inc. 2 RECEIVED LEGAL 7/03/2024

Under A.R.S. § 32-1183(B) a contractor shall pay to their subcontractor within seven days of

receipt by the contractor or subcontractor of each progress payment, retention release or final payment, the full amount received for such subcontractor's work and materials supplied based on work completed or materials supplied under the subcontract. Complainant claimed that they were owed final payment as of 5/15/24, when in fact as of 5/14/24, Respondent had not yet received retention payment from the Owner of the project. See email from Armstrong, Owners

Representative attached hereto as Exhibit F. Furthermore, written confirmation was received from the Owner’s representative on 5/17/24 stating that the first 50% of project retention will be released to the Respondent (attached hereto as Exhibit G), evidencing that the retention had not been received as of the referenced email on 5/17/24. Payment was subsequently released by the Owner to the Respondent on 5/17/24. Respondent paid Complainant on 05/21/24 the

final payment amount well within t h e r e q u i r e d 7 days of receipt by Contractor. Therefore, at the time of the complaint, the Respondent was in compliance with Arizona’s Prompt Payment Act regarding the final payment for this project. III. FINAL PAYMENT WAS NOT DUE AT THE TIME OF THE COMPLAINT PER COMPLAINANT AND RESPONDENT’S CONTRACTUAL AGREEMENT

Finally, the Master Subcontractor Agreement (MSA) between DTI and AZ Framing states in Section 7 that retention will be withheld from all payments until final payment, and that final payment will be made seven (7) days following Contractor’s receipt of final payment from the owner. Therefore, the duty on the part of Respondent to pay retention to Complainant had not yet arisen under the executed MSA between Complainant and Respondent at the time of the complaint.

See Exhibit H for executed MSA. IV. CONCLUSION

Dynamic Trades, Inc. 3 RECEIVED LEGAL 7/03/2024

Respondent claims the above affirmative defenses to the Citation and Complaint based on the above facts and the evidence incorporated into this Written Answer as Exhibits A-H. Dated July 3, 2024. Dynamic Trades, Inc. License No. ROC 328944 By: Emily Price / Chief Legal Officer [email redacted] O 866.8.TRADES (1-866-887-2337) x4 www.dynamictrades.com

Dynamic Trades, Inc. 4 Exhibit A - deposited check for final payment RECEIVED LEGAL Check Inquiry Results Summary 7/03/2024 [account number redacted] Account Name: Operating Account Bank ID: [number redacted]

Check Number Amount Posted Date Paid Date CD Volume #

20096 8,492.57 06/17/2024 06/17/2024

Page 1 Exhibit B - Email from Complainant acknowledging back charges mistake RECEIVED LEGAL Emily Price <[email redacted]> 7/03/2024

Fwd: Payment and Backcharges to Discuss messages

Andrew Klein <[email redacted]> Tue, Aug 29, 2023 at 10:06 AM To: Hannah DeYoung <[email redacted]>, Emily Price <[email redacted]>

Andrew Klein / Chief Business Officer [email redacted] C 530.613.0451 - O. 866-8-TRADES Executive Assistant: Jamie Merritt [email redacted] C 530.613.9666 www.dynamictrades.com

www.brodyinternational.com

---------- Forwarded message --------- From: Andrew Klein <[email redacted]> Date: Thu, Feb 23, 2023 at 2:26 AM Subject: Re: Payment and Backcharges to Discuss To: Administrator <[email redacted]> Cc: Greg Bowyer <[email redacted]>, Hannah DeYoung <[email redacted]>, Krystyn Tverberg <[email redacted]>, Nathan Seither <[email redacted]>

Good morning Marilyn,

My condolences to you and the family,

We are not open to splitting the cost, I already did not assess any management fees, delays, markup or any other costs, simply the cost to paint directly from the painter. I think this is more than fair.

Thank you,

On Thu, Feb 23, 2023 at 1:11 AM Administrator <[email redacted]> wrote:

Andrew, Sorry for the delay, I had a death in my family. Are you open to splitting the cost On the hardi plank? I do think that someone should have caught that prior to installing, but RECEIVED unfortunately no one caught it I do apologize for that. LEGAL 7/03/2024 I do agree on the trusses this was something that was changed during production and we were completely unaware of those changes,

Please advise , Thanks Marilyn

Thanks, Marilyn

On Thu, Feb 16, 2023 at 4:59 PM Andrew Klein <[email redacted]> wrote: Hi Marilyn,

We sent you the attached check this morning via certified mail, you should have it tomorrow.

We did withhold retention and the 2 backcharges for now until we discuss and get to the bottom, I think these are both fair but we are waiting until you give us your opinion for any final decisions.

We did spend quite a bit of time resubmitting your subs truss package, I would send this on to your truss company and make them pay it, it was obviously their fault but since I don't hold their contract I can't charge them, you have to.

The paint needs to happen, the client is not accepting the unfinished Hardie Plank, this is unfortunate, but if you look at the plans it clearly calls for a pre-finished Mesquite beige color which is a standard pre finish color from Hardie and is not on the paint schedule at all.

Let me know your thoughts,

Thanks,

Andrew Klein / Chief Business Officer [email redacted] C 530.613.0451 - O. 866-8-TRADES Executive Assistant: Jamie Merritt [email redacted] C 530.613.9666 www.dynamictrades.com

www.brodyinternational.com

Exhibit B page 2 (623) 385-2044 Approved 08/16/22 22-2459 - THE LEARNING EXPERIENCE . CONTRACTOR SHALL SUPERVISE AND DIRECT RECEIVED LEGAL 7/03/2024

THE WORK USING THE CONTRACTOR'S BEST INTERNALLY ILLUMINATED C 2021 CASCO DIVERSIFIED CORPORATION

SKILL AND ATTENTION. THE CONTRACTOR SHALL A-061 LED SIGN BE SOLELY RESPONSIBLE AND HAVE CONTROL 3 OVER CONSTRUCTION MEANS, METHODS (TYP.) (TYP.) TECHNIQUES, SEQUENCE, AND JOB SITE SAFETY

Sunnen Drive, Suite 100, St. Louis, MO 63143 T: 314-821-1100 A-141 EIFS-2 STONE-2 A-071 2. GC MUST PROVIDE & INSTALL ALL PRODUCTS AWNING EIFS-1 COPING EIFS-1 EIFS-1 EIFS-2 EIFS-2 EIFS-1 PER PLANS. ONLY SUBSTITUTED PRODUCTS 5'-8 3/4" 4'-0" 13'-1" 4'-0" 7'-2 1/2" OVERALL HEIGHT 21 ' - 8" NEED TO BE SUBMITTED TO THE ARCHITECT FOR APPROVAL. UNAPPROVED SUBSTITUTIONS EIFS-1 EIFS-1 EIFS-2 WILL BE REPLACED AT THE EXPENSE OF THE GC. T.O. PARAPET 1 8' - 2" 3. VERBAL REPRESENTATION HAS NO VALUE AND ALL REQUESTS TO CHANGE ANY PRODUCTS OR SPECIFICATIONS PER PLANS, MUST BE SUBMITTED IN WRITING TO THE ARCHITECT &

CASCO DIVERSIFIED CORPORATION TLE FOR APPROVAL. 5'-0"

A-082 AWNING DOORS & WINDOWS 8' - 2" 10'-6"

CONC. SILL 3' - 0" 5'-0"

FINISH FLOOR 0" KNOX EIFS-2 STONE-1 SIDING FIXED WINDOWS, TYP. SIDING SILL STONE-1 HOSE BIB STOREFRONT (TYP.) (TYP.) VINYL HOSE BIB Exhibit C - Plan set showing HardiPlank paint color

WEATHERPROOF RECEPTACLE (TYP.; REFERTO ELEC. DWGS)

N.W.C. SARIVAL RD. & YUMA RD SOUTH ELEVATION

GOODYEAR, AZ 85338 SCALE: 1/8" = 1'-0"

ACADEMY OF

EDUCATION A-061

EARLY (TYP.) PRE-FIN. SCUPPERWITH CONDUCTOR HEAD AND DOWNSPOUT, CONNECT TO EIFS-2 EIFS-2 COPING STORM DRAINAGE SYSTEM (TYP.) T.O. PARAPET 1 9' - 8" EIFS-1 T.O. PARAPET 1 8' - 2" DOORS & WINDOWS 7' - 2" 10'-6"

HOSE BIB 3'-3"

2'-6" FINISH FLOOR 0" WEATHERPROOF RECEPTACLE WEATHERPROOF RECEPTACLE FIXED WINDOWS (TYP.) CALL BOX - REFERTO ELEC. DWG STONE-1 DRINKING FOUNTAIN (2 TYP.; REFERELEC. DWGS.) (2 TYP.; REFERELEC. DWGS.) FOR ADDITIONAL INFORMATION CALL BOX - REFERTO ELEC. DWG HOSE BIB AWNING AT PLAY AREA (2 TYP.) KEY FOB - REFERTO ELEC. DWG ISSUE FOR ADDITIONAL INFORMATION DRINKING FOUNTAIN REFERTO A-152 FORADDITIONAL FOR ADDITIONAL INFORMATION NO. DATE DESCRIPTION INT INFORMATION AND DETAILS WEATHERPROOF RECEPTACLE /28/22 OWNER REVIEW SUBMITTAL (2 TYP.; REFERELEC. DWGS.) NORTH ELEVATION 3/1 /22 PERMIT/BID Approved 08/16/22 22-2459 - THE LEARNING EXPERIENCE

Approved 08/16/22 22-2459 - THE LEARNING EXPERIENCE SCALE: 1/8" = 1'-0" REVISION SIM. A-072 EXTERIORMATERIAL SCHEDULE NO. DATE DESCRIPTION INT COPING LABEL MANUFACTURER SIZE TYPE FINISH COLOR 1 05/31/22 ADDENDUM 2/CODE RESPONSE OVERALL HEIGHT 21 ' - 8" 2 SIDING COPING STOREFRONT KAWNEER TRIFAB 451 DARK BRONZE PERGOLA EIFS-2 A-061 PERGOLA EIFS-1 T.O. PARAPET 1 9' - 8" DOOR - PERDOORSCHEDULE FACTORY PRIMED AND PAINTED TO MATCH BENJAMIN MOORE 1006 "CREEKBED" STONE-2 FIXED WINDOW PLY GEM PERWINDOW SCHEDULE FACTORY PRIMED AND PAINTED EIFS-1 BENJAMIN MOORE 1006 "CREEKBED" (EXTERIOR) AWNING REFERTO WALL FINISH PLAN FORINTERIORCOLOR B.O. CANOPY 1 0' - 6" STONE-1 CORONADO STONE PRODUCTS RIVER ROCK SIENNA BROWN DOORS & WINDOWS 7' - 2" STONE-2 CORONADO STONE PRODUCTS TUSCAN VILLA FLORENTINE 10'-6" EIFS-1 VINYL SILL MODERN PRECAST 3 3/4"Hx6"W/ 2" FLAT COLOR: ACORN FINISH FLOOR W/ 1/4" DRIP EDGE 0" STONE-1 FIXED WINDOWS (TYP.) JAMES HARDIE LAP SIDING SELECT CEDARMILL COLOR: NAVAJO BEIGE SIDING SILL (TYP.) EAST ELEVATION EIFS-1 STO CORP. - SAND PEBBLE FINISH SCALE: 1/8" = 1'-0" COLOR: BENJAMIN MOORE 1006 "CREEKBED" 05/31/22 EIFS-2 STO CORP. - SAND PEBBLE FINISH Professional of Record COLOR: BANJAMIN MOORE KEVIN W. HARMS 170 "TRADITIONAL YELLOW" LICENSE #: 38899 ROYAL BUILDING PRODUCTS COLORSCAPES TRIPLE 4 TAN EXP. DATE: 03/31/24 VINYL PERFORATED SOFFIT (REF. NOTE 2 BELOW) NOM. THICKNESS 0.042" Project Number: Scale: 2100715 AS NOTED AWNING HUDSON AWNINGS CUSTOM ALUMINUM DARK BRONZE Drawn By: Approved By: MS MSS Drawing Name: PERGOLA TREX PERGOLA WALL PERGOLA CHOCOLATE ROAST COPING FABRAL (OREQUAL) BREAK METAL DARK BRONZE EXTERIORELEVATIONS KNOX BOX 3200 SERIES W/ RECESSED DARK BRONZE Drawing Number: KNOX MOUNT FLANGE, HINGE DOOR, (REF. NOTE 2 BELOW) & TAMPERSWITCH 5/31/2022 2:11:58 PM

FINISH SCHEDULE NOTES: 1. G.C. SHALL VERIFY KNOX BOX MODEL(S) AND LOCATION(S) WITH AUTHORITY HAVING JURISDICTION PRIORTO ORDERING A-051 AND INSTALLATION. 2. G.C. SHALL ENSURE ALL EXTERIORFINISHES ARE INSTALLED AND FINISHED IN COMPLIANCE WITH MANUFACTURERS' WARRANTY REQUIREMENTS. Approved 08/16/22 22-2459 - THE LEARNING EXPERIENCE RECEIVED LEGAL 7/03/2024

([KLELW'$=)UDPLQJ&RQWUDFW3D\PHQW6XPPDU\

Original Contract $304,466.44

CO #003 $3,627.49

Backcharge CO 5 -$3,730.00

Backcharge CO 6 -$495.00

Rev. Contract Total $303,868.93 Retention Held

Invoice #1810 $157,466.44 Check #11858 $157,466.44 $0.00

Invoice #311022 $73,501.00 Check #12469 $66,150.90 $7,350.10

Invoice #111822 $58,799.20 Check #12525 $52,919.28 $5,879.92

Invoice #121522 $3,627.49 Check #12868 $3,264.74 $362.75

Invoice #11523 $22,000.00 Check #12877 $15,575.00 $2,200.00

Backcharges -$4,225.00 $0.00

Total Invoiced against $311,169.13 Total Paid to Date $295,376.36 $15,792.77 Contract

Amount Over-billed -$7,300.20

Approved Contract Amount: $ 303,868.93 - Amount Invoiced to Date: $ 311,169.13 Contract Balance (over-billed): ($ 7,300.20)

Amount Invoiced to Date: $ 311,169.13 - Total Payments to Date: $ 295,376.36 Retention Balance Held: $ 15,792.77 Amount Over-billed: ($ 7,300.20) Current Balance Owed: $ 8,492.57

RECEIVED LEGAL 7/03/2024 Exhibit E - Signed Conditional Waiver RECEIVED LEGAL 7/03/2024 Exhibit F -Email from Owner showing retention not released as of 5/14/2024 RECEIVED Exhibit G - Email from Owner stating partial retention payment would be made on 5/17/2024 LEGAL 7/03/2024 5/17/24, 11:42 AM Dynamic Trades, Inc. Mail - Close Out Update - TLE Goodyear

Noah Price <[email redacted]>

Hannah,

Good morning.

Attached is confirmation of our outgoing payment for 50% of the remaining retention on the TLE Goodyear project. The funds should post to your bank account today.

Sincerely,

Keith

KEITH CHRISTY

Financial Accountant II – Real Estate

One Armstrong Place

Butler, PA 16001

Office: 724.283.0925 x50459

[email redacted]

www.armstrongdev.com

Please forward to anyone inadvertently omitted from this email.

https://mail.google.com/mail/u/0/?ik=9b479a34c7&view=pt&search=…msgid=msg-f:[number redacted]&simpl=msg-f:[number redacted] Page 1 of 2

Exhibit D RECEIVED Dynamic Trades, Inc. Mail - Close Out Update - TLE Goodyear 5/17/24, 11:42 AM LEGAL 7/03/2024

[Quoted text hidden] [Quoted text hidden]

Dynamic Trades $121522.44.pdf 1189K

https://mail.google.com/mail/u/0/?ik=9b479a34c7&view=pt&search=…sgid=msg-f:[number redacted]&simpl=msg-f:[number redacted] Page 2 of 2

Exhibit D RECEIVED LEGAL Exhibit H - Executed MSA 7/03/2024

Subcontract Checklist This checklist is for you, the Subcontractor, to ensure that you are returning to Dynamic Trades Inc. [hereinafter referred to as Contractor and/or DTI] all the necessary documents needed to perform subcontract work for DTI. The first page of this subcontract is for your records and tracking. Please execute and return all of the following documents within seven (7) business days. Failure to return executed documents within seven (7) business days may result in cancellation of this agreement by DTI.

• Initial, Sign, and Return Master Subcontract Agreement: If you require a wet-signed copy returned to you, please print and overnight two (2) executed copies of this subcontract agreement to 4617 Weed Patch Ct. Greenwood CA 95635 via Fedex or UPS, otherwise the contract will be executed electronically via HelloSign.

• General Liability Insurance: Provide certificate with appropriate limits identifying your company and all required endorsements as detailed in the Master Subcontract Agreement (Ongoing and Completed Operations and Waiver of Subrogation) (Exhibit A).

• Automobile Insurance: Provide certificate with appropriate limits identifying your company and all required endorsements as detailed in the Master Subcontract Agreement (Waiver of Subrogation) (Exhibit A).

• Workers Compensation Insurance: Provide certificate with appropriate limits identifying your company and all required endorsements as detailed in the Master Subcontract Agreement (Waiver of Subrogation) (Exhibit A).

• Injury and Illness Prevention Program: Provide a digital copy of your IIPP for our records. This documents should be resent to DTI upon every revision and prior to starting work on any DTI job site.

• Lower Tiered Subcontractor Form: Fill out, sign and return (Exhibit B). • W-9: Provide a completed W-9 form.

Subcontractor Initials:

4617 Weed Patch Court Greenwood CA 95635 - 470 Nevada Street, Suite 110, Auburn CA 95603 (866) 8-TRADES - dynamictrades.com - Rev05.02.22 Exhibit H

Doc ID: 9fd9997b7181d1a745573589af2fa145869b2b64 RECEIVED LEGAL 7/03/2024

Master Subcontract Agreement This Master Subcontract Agreement (the “Agreement”) is executed on 07 / 19 / 2022 , between Dynamic Trades, Inc. (the “Contractor” or “DTI”) and AZ Framing & Remodeling LLC , Contractors State License #: ROC 303361/ 299604 , (the “Subcontractor”).

INTRODUCTION

Contractor and Subcontractor agree as follows:

A. That Contractor and Subcontractor wish to enter into this Master Subcontract Agreement (MSA) to facilitate future projects in which Contractor may choose to retain Subcontractor to provide materials and perform services. The scope of work and other project specific terms and conditions (collectively, the “Subcontract Work”) shall be set forth in a purchase order (“Purchase Order” or “PO”) for each specific project.

B. That Contractor may employ the Subcontractor from time to time on various constructions projects, as determined by Contractor in its sole discretion pursuant to Purchase Orders to be executed in connection with each such project.

C. That this Agreement shall apply to all future subcontract work to be provided by the Subcontractor on any project pursuant to such Purchase Orders, provided that the terms of this Agreement may be modified by a subsequent written Purchase Order signed by both parties varying the terms of this Agreement and only as to the particular Purchase Order.

D. That this Agreement shall be construed in its broadest terms, such that all provisions of this Agreement shall be given full effect to the extent possible in light of the specific terms of any subsequent Purchase Order(s) and Purchase Order revisions.

E. That the terms of this Agreement shall be deemed incorporated by reference with respect to any future construction project pursuant to which Contractor may employ Subcontractor under a Purchase Order, and for which Contractor has entered into, or will enter into, a Prime Contract as defined in Section 1A.

F. This agreement is in effect during the one (1) year period commencing on the date of this agreement. These terms and conditions shall continue in full force and effect in the event the work proceeds past this one (1) year period.

G. The Subcontractor is required by law to be licensed and regulated by the applicable Contractor’s State License Board and per this Agreement will keep their license active and in good standing as long as the agreement is effective.

Subcontractor Initials:

4617 Weed Patch Court Greenwood CA 95635 - 470 Nevada Street, Suite 110, Auburn CA 95603 (866) 8-TRADES - dynamictrades.com - Rev05.02.22 Exhibit H

Doc ID: 9fd9997b7181d1a745573589af2fa145869b2b64 RECEIVED LEGAL 7/03/2024

INSTRUCTIONS:

Subcontractor Initials:

4617 Weed Patch Court Greenwood CA 95635 - 470 Nevada Street, Suite 110, Auburn CA 95603 (866) 8-TRADES - dynamictrades.com - Rev05.02.22 Exhibit H

Doc ID: 9fd9997b7181d1a745573589af2fa145869b2b64 RECEIVED LEGAL 7/03/2024

Section 1

A. Prime Contract and Contract Documents

Subcontractor agrees to be bound to Contractor in the same manner and to the same extent as Contractor is bound to Owner under the terms of the Prime Contract and all of the Contract Documents.

B. The Work

C. Safe Work Performance

Subcontractor Initials:

4617 Weed Patch Court Greenwood CA 95635 - 470 Nevada Street, Suite 110, Auburn CA 95603 (866) 8-TRADES - dynamictrades.com - Rev05.02.22 Exhibit H

Doc ID: 9fd9997b7181d1a745573589af2fa145869b2b64 RECEIVED LEGAL 7/03/2024

located at the site and adjacent to the site. Subcontractor shall give all required notices and comply with all applicable rules, laws, regulations and orders, and other lawful requirements established under applicable law to prevent injury, loss or damage to persons or property. Subcontractor shall implement appropriate safety measures pertaining to the work and the Project, including establishing safety rules, posting appropriate warnings and notices, erecting safety barriers, and establishing proper notice procedures to protect persons and property at the site and adjacent to the site from injury, loss or damage. The Subcontractor is required to designate an individual at the site in the employ of Subcontractor who shall act as the Subcontractor’s designated safety representative with a duty to prevent accidents. Subcontractor shall give prompt written notice to the Contractor of any accident involving bodily injury or any failure that could have resulted in serious bodily injury, whether or not such injury was sustained. Subcontractor agrees to comply with all safety directives and instructions from Contractor in addition to any safety rules set forth in the Contract Documents or as otherwise provided under applicable law.

D. Dress Code and Safety Policy

E. IIPP Submission

F. OSHA

Should the subcontractor receive an OSHA citation and DTI is cited in addition to the Subcontractor, the OSHA fine will be back-charged and deducted from the subcontractor’s contract.

Subcontractor Initials:

4617 Weed Patch Court Greenwood CA 95635 - 470 Nevada Street, Suite 110, Auburn CA 95603 (866) 8-TRADES - dynamictrades.com - Rev05.02.22 Exhibit H

Doc ID: 9fd9997b7181d1a745573589af2fa145869b2b64 RECEIVED LEGAL 7/03/2024

G. Clean Up and Debris Removal

H. Adequate Manpower and Equipment

I. Work In Place

J. Backcharges from Subcontractor

4617 Weed Patch Court Greenwood CA 95635 - 470 Nevada Street, Suite 110, Auburn CA 95603 (866) 8-TRADES - dynamictrades.com - Rev05.02.22 Exhibit H

Doc ID: 9fd9997b7181d1a745573589af2fa145869b2b64 RECEIVED LEGAL 7/03/2024

K. Use of the English Language

L. Inspection Fees

M. Submittals, Shop Drawings, Plans, Specifications, Samples and As-Builts

Whether or not shown by the plans or mentioned in the specifications, or anywhere else in the Contract Documents, the scope of work includes the following:

Subcontractor Initials:

4617 Weed Patch Court Greenwood CA 95635 - 470 Nevada Street, Suite 110, Auburn CA 95603 (866) 8-TRADES - dynamictrades.com - Rev05.02.22 Exhibit H

Doc ID: 9fd9997b7181d1a745573589af2fa145869b2b64 RECEIVED LEGAL 7/03/2024

N. Lower Tiered Subcontractors

O. Design Services

Section 2 Subcontractor's Performance of Work:

Subcontractor Initials:

4617 Weed Patch Court Greenwood CA 95635 - 470 Nevada Street, Suite 110, Auburn CA 95603 (866) 8-TRADES - dynamictrades.com - Rev05.02.22 Exhibit H

Doc ID: 9fd9997b7181d1a745573589af2fa145869b2b64 RECEIVED LEGAL 7/03/2024

terminate this Subcontract, take charge of said work, the persons employed thereon and the materials, tools and appliances of the Subcontractor and complete the work provided for this Agreement. Any extra cost arising there from shall be charges against the Subcontractor, together with damages for delay or for any defective work of the Subcontractor. Nothing in this paragraph shall prevent Contractor’s use of all legal and contractual remedies available to it resulting from Subcontractors breach of this Agreement. Subcontractor also acknowledges and understands that other Subcontractors (and the Contractor itself) may hire employees on the Project whose employment is not covered by or subject to a collective bargaining agreement, and despite this fact, Subcontractor further agrees that it will continue to employ sufficient labor on the Project and execute the work so as to not cause any delay on the Project.

A. No Fault Delay

B. Delay Liability

Subcontractor Initials:

4617 Weed Patch Court Greenwood CA 95635 - 470 Nevada Street, Suite 110, Auburn CA 95603 (866) 8-TRADES - dynamictrades.com - Rev05.02.22 Exhibit H

Doc ID: 9fd9997b7181d1a745573589af2fa145869b2b64 RECEIVED LEGAL 7/03/2024

C. Worker Eligibility

Section 3 Changes:

Subcontractor Initials:

4617 Weed Patch Court Greenwood CA 95635 - 470 Nevada Street, Suite 110, Auburn CA 95603 (866) 8-TRADES - dynamictrades.com - Rev05.02.22 Exhibit H

Doc ID: 9fd9997b7181d1a745573589af2fa145869b2b64 RECEIVED LEGAL 7/03/2024

Section 4 Indemnification:

Subcontractor specifically obligates itself to Contractor and Owner in the following respects:

A. Patent Indemnification

B. Injury, Death or Damage

C. Breach

Subcontractor Initials:

4617 Weed Patch Court Greenwood CA 95635 - 470 Nevada Street, Suite 110, Auburn CA 95603 (866) 8-TRADES - dynamictrades.com - Rev05.02.22 Exhibit H

Doc ID: 9fd9997b7181d1a745573589af2fa145869b2b64 RECEIVED LEGAL 7/03/2024

D. Safety

E. Claims and Attorney Fees

F. Deficiency

Subcontractor Initials:

4617 Weed Patch Court Greenwood CA 95635 - 470 Nevada Street, Suite 110, Auburn CA 95603 (866) 8-TRADES - dynamictrades.com - Rev05.02.22 Exhibit H

Doc ID: 9fd9997b7181d1a745573589af2fa145869b2b64 RECEIVED LEGAL 7/03/2024

Subcontractor fails to do so, Contractor is authorized to use whatever means in its discretion it may deem appropriate to cause said lean, stop payment notice, claim or suit to be removed or dismissed and the cost thereof, together with actual attorney’s fees, shall be immediately due and payable to the Contractor by Subcontractor. Subcontractor agrees to defend, indemnify and hold harmless the Contractor for any such claims, bond claims, liens or stop payment notice in connection with Subcontractors work;

I. Full Force

Section 5

Subcontractor Initials:

4617 Weed Patch Court Greenwood CA 95635 - 470 Nevada Street, Suite 110, Auburn CA 95603 (866) 8-TRADES - dynamictrades.com - Rev05.02.22 Exhibit H

Doc ID: 9fd9997b7181d1a745573589af2fa145869b2b64 RECEIVED LEGAL 7/03/2024

Subcontractor hereunder. Certificates of insurance shall be filed by the Contractor prior to commencing work. Such certificates shall show that the insured are protected from claims for damages because of bodily injury, including death, to the Subcontractors employees and all others; and from claims for damages to property – any or all of which may arise of the result from the Subcontractors operations under the subcontract, whether such operations be by Contractor or by the other individual or entity from whom Subcontractor is responsible.

A. Rating Requirement

B. Occurrence Basis

All policies shall be an occurrence basis form. "Modified Occurrence" and "Claims Made" policies are not acceptable.

C. Worker's Compensation

Worker's Compensation certificate may cover multiple jobs if all jobs are in one state and it states "all (insert state here) operations" and conforms to all applicable requirements listed herein.

D. Cancellation or Lapse

E. Duration

Subcontractor Initials:

4617 Weed Patch Court Greenwood CA 95635 - 470 Nevada Street, Suite 110, Auburn CA 95603 (866) 8-TRADES - dynamictrades.com - Rev05.02.22 Exhibit H

Doc ID: 9fd9997b7181d1a745573589af2fa145869b2b64 RECEIVED LEGAL 7/03/2024

F. Performance and Payment Bonds

G. Design Services

Section 6

Accounting Records:

Subcontractor Initials:

4617 Weed Patch Court Greenwood CA 95635 - 470 Nevada Street, Suite 110, Auburn CA 95603 (866) 8-TRADES - dynamictrades.com - Rev05.02.22 Exhibit H

Doc ID: 9fd9997b7181d1a745573589af2fa145869b2b64 RECEIVED LEGAL 7/03/2024

Section 7

Payment:

1. That said work must comply with all laws, code regulations and the contract documents;

Subcontractor Initials:

4617 Weed Patch Court Greenwood CA 95635 - 470 Nevada Street, Suite 110, Auburn CA 95603 (866) 8-TRADES - dynamictrades.com - Rev05.02.22 Exhibit H

Doc ID: 9fd9997b7181d1a745573589af2fa145869b2b64 RECEIVED LEGAL 7/03/2024

provision shall not prevent Subcontractor from initiating action to preserve any mechanics lien, stop notice or other remedies provided by law; however, Subcontractor agrees to stay such action until such time as Contractor resolves its claim with the owner. Subcontractor also agrees that no interest will accrue any unpaid subcontract balance during the period that Contractor is pursuing its claims against the owner.

Section 8

Project Schedule:

Section 9

Right to Withhold Payment:

Subcontractor Initials:

4617 Weed Patch Court Greenwood CA 95635 - 470 Nevada Street, Suite 110, Auburn CA 95603 (866) 8-TRADES - dynamictrades.com - Rev05.02.22 Exhibit H

Doc ID: 9fd9997b7181d1a745573589af2fa145869b2b64 RECEIVED LEGAL 7/03/2024

Section 10 Termination:

3. Terminate the Agreement by written notice.

Section 11 Submittals:

Subcontractor Initials:

4617 Weed Patch Court Greenwood CA 95635 - 470 Nevada Street, Suite 110, Auburn CA 95603 (866) 8-TRADES - dynamictrades.com - Rev05.02.22 Exhibit H

Doc ID: 9fd9997b7181d1a745573589af2fa145869b2b64 RECEIVED LEGAL 7/03/2024

DTI or others in the performance of work. The Subcontractor’s submittals shall identify in writing for each submittal all changes, deviations, or substitutions from the requirements of the Subcontract Documents. If the Subcontract Documents do not contain submittal requirements pertaining to the Subcontract Work, the Subcontractor agrees, upon request, to submit in timely fashion to DTI for approval, any shop drawings, samples, product data, manufacturers’ literature, or similar submittals as may be reasonably required by DTI, Owner, or Design Professional.

Section 12

Substitutions:

Section 13

Warranty:

Subcontractor Initials:

4617 Weed Patch Court Greenwood CA 95635 - 470 Nevada Street, Suite 110, Auburn CA 95603 (866) 8-TRADES - dynamictrades.com - Rev05.02.22 Exhibit H

Doc ID: 9fd9997b7181d1a745573589af2fa145869b2b64 RECEIVED LEGAL 7/03/2024

including all conditions, drawings, specifications, and addenda thereto and other documents which herein have been referred to insofar as applicable, generally or specifically, to the materials to be furnished and the work to be performed under this Agreement. Establishment of the warranty period for correction of the work related only to the specific obligation of Subcontractor to correct the work, and has no relationship to the time within which the obligation to comply with the Contract Documents may be sought to be enforced, nor to the time within which proceedings may be commenced to establish the Subcontractors liability with respect to its warranty obligations.

Section 14

Independent Contractor Warranty:

4617 Weed Patch Court Greenwood CA 95635 - 470 Nevada Street, Suite 110, Auburn CA 95603 (866) 8-TRADES - dynamictrades.com - Rev05.02.22 Exhibit H

Doc ID: 9fd9997b7181d1a745573589af2fa145869b2b64 RECEIVED LEGAL 7/03/2024

Section 15 Miscellaneous Provisions:

A. Waiver

B. Applicable Law

C. Attorney Fees

D. Storm Water Pollution Prevention Requirements

Subcontractor Initials:

4617 Weed Patch Court Greenwood CA 95635 - 470 Nevada Street, Suite 110, Auburn CA 95603 (866) 8-TRADES - dynamictrades.com - Rev05.02.22 Exhibit H

Doc ID: 9fd9997b7181d1a745573589af2fa145869b2b64 RECEIVED LEGAL 7/03/2024

Subcontractor is responsible for following the state’s SWPPP (Storm Water Pollution Prevention plan) program. If Subcontractor damages any Best Management Practices (BMP’s) or tracks mud onto any roadways then Subcontractor will be immediately responsible for all repairs and/or cleanup and Subcontractor shall indemnify Contractor for any assessed fines and/or penalties. Should Subcontractor fail to comply with this clause, Contractor’s Project Superintendent will issue an eight (8) hour Notice to Comply via email to the Subcontractor’s office and hand deliver a copy to the Subcontractor’s lead individual on site. If Subcontractor does not comply within eight (8) hours, Contractor will immediately take action to correct deficiencies at Subcontractors expense.

E. Safety Data Sheets

Subcontractor shall submit to Contractor all safety data sheets required by law for materials or substances necessary for the performance of Subcontractor’s work.

F. Integrated Agreement

G. Dispute Resolution Procedures

Subcontractor Initials:

4617 Weed Patch Court Greenwood CA 95635 - 470 Nevada Street, Suite 110, Auburn CA 95603 (866) 8-TRADES - dynamictrades.com - Rev05.02.22 Exhibit H

Doc ID: 9fd9997b7181d1a745573589af2fa145869b2b64 RECEIVED LEGAL 7/03/2024

H. Bankruptcy

1. Properly cures all defaults;

2. Provides adequate assurance of future performance;

3. Compensates Contractor for actual property loss resulting from such defaults; and

4. Assumes the obligations of Subcontractor within the statutory time limits.

Subcontractor Initials:

4617 Weed Patch Court Greenwood CA 95635 - 470 Nevada Street, Suite 110, Auburn CA 95603 (866) 8-TRADES - dynamictrades.com - Rev05.02.22 Exhibit H

Doc ID: 9fd9997b7181d1a745573589af2fa145869b2b64 RECEIVED LEGAL 7/03/2024

I. List of Exhibits

Incorporated into the Subcontract Agreement are the following exhibits which are attached hereto and incorporated into and made a part of this Master Subcontract Agreement:

Exhibit A: Sample Insurance Policy Certificate, with minimum amounts

Exhibit B: Lower Tiered Subcontractor Form

Exhibit C: Subcontractor Safety Expectations

Exhibit D: Company Contact Information

Notice:

Subcontractor Initials:

4617 Weed Patch Court Greenwood CA 95635 - 470 Nevada Street, Suite 110, Auburn CA 95603 (866) 8-TRADES - dynamictrades.com - Rev05.02.22 Exhibit H

Doc ID: 9fd9997b7181d1a745573589af2fa145869b2b64 RECEIVED LEGAL 7/03/2024

Exhibit A: Sample Insurance Policy Certificate with required minimums.

4617 Weed Patch Court Greenwood CA 95635 - 470 Nevada Street, Suite 110, Auburn CA 95603 (866) 8-TRADES - dynamictrades.com - Rev05.02.22 Exhibit H

Doc ID: 9fd9997b7181d1a745573589af2fa145869b2b64 RECEIVED LEGAL 7/03/2024

Exhibit B: Lower Tiered Subcontractor Form

Will you have any lower tiered subcontractors performing any portion of work on projects?

Yes No

If no, please sign below and return. If yes, complete the following information, sign and return.

Company Name: AZ Framing & Remodeling LLC

Company Address: Po Box 2973 Peoria AZ 85380 Contractor's License #: ROC 303361/299604

Contact Name: Paul Bland

Phone Number: [number redacted] Email: [email redacted]

Paul Bland Printed Name

Signature

If Additional Forms for Lower Tiered Subs are required please request from the issuing office and the appropriate number of forms will be added to this agreement and reset for execution.

Subcontractor Initials:

4617 Weed Patch Court Greenwood CA 95635 - 470 Nevada Street, Suite 110, Auburn CA 95603 (866) 8-TRADES - dynamictrades.com - Rev05.02.22 Exhibit H

Doc ID: 9fd9997b7181d1a745573589af2fa145869b2b64 RECEIVED LEGAL 7/03/2024

Exhibit C: Subcontractor Safety Expectations The personal safety and health of each of our employees as well as yours is of the utmost importance to DTI. To be successful in this aspect, safety expectations of our subcontractors need to be discussed, reviewed and acknowledged by each subcontractor. Please review, initial each box and sign at the bottom then return to our office within 7 days of receipt of subcontract. Forward digital copy of IIPP to project manager within 7 days of receiving your subcontract. Ensure all employees are adequately trained for the duties he or she is expected to perform and for the applicable hazards he or she may encounter. Document required employee training and provide appropriate training records upon DTI’s request. Provide employees with and train employees on appropriate personal protective equipment (PPE) and any other requisite safety equipment to conduct his or her scope of work. The minimum PPE required on a DTI job site includes but is not limited to ANSI approved safety toed footwear, hard hats, and safety glasses. It is the subcontractors responsibility to provide the appropriate PPE to their employees. Ensure its operating equipment is in compliance with appropriate manufacturer and regulatory standards and it properly maintained, inspected, and operated in a safe manner by properly trained personnel. Maintain good housekeeping practices at the site to prevent safety and environmental hazards. If housekeeping standards are not met, after twenty four hour notice, DTI reserves the right to remedy the housekeeping issue at the subcontractors expense. When onsite, it is expected that your employees will attend DTI's tailgate meetings that are given on a bi-weekly basis by our Superintendent. When onsite, all employees must read and sign the daily job hazard analysis sheet. The location of this sheet to be determined by our Superintendent. I hereby acknowledge that I have read, understand and will adhere to the above safety expectations of DTI. I further agree to communicate and train my company's employees on these responsibilities and expectations and to ensure these responsibilities and expectations are met by company listed below. Company Name: AZ Framing & Remodeling LLC Printed Name:Paul Bland Date: 07 / 19 / 2022 Signature:

4617 Weed Patch Court Greenwood CA 95635 - 470 Nevada Street, Suite 110, Auburn CA 95603 (866) 8-TRADES - dynamictrades.com - Rev05.02.22 Exhibit H

Doc ID: 9fd9997b7181d1a745573589af2fa145869b2b64 RECEIVED LEGAL 7/03/2024

Exhibit D: Company Contact Information:

Please provide all pertinent company contact information below. This will help ensure communication from DTI gets routed to the correct person in a timely manner. PLEASE RETURN WITH SIGNED CONTRACT.

Name Email Phone # Title

Paul Bland [email redacted] 623-341-3314 PM

Paul Bland 623-341-3314 Superintendent [email redacted]

Paul Bland Accounting/ Billing [email redacted] 623-385-2044

Subcontractor Initials:

4617 Weed Patch Court Greenwood CA 95635 - 470 Nevada Street, Suite 110, Auburn CA 95603 (866) 8-TRADES - dynamictrades.com - Rev05.02.22 Exhibit H

Doc ID: 9fd9997b7181d1a745573589af2fa145869b2b64 RECEIVED LEGAL 7/03/2024

I, the undersigned, do hereby acknowledge I have read the aforementioned contract, in its entirety, and do hereby agree to all provisions herewithin.

General Contractor: Dynamic Trades Inc.

Signature

Andrew Klein Print Name

/ 10 / 2022 CBO Title Date

AZ Framing & Remodeling LLC Sub-Contractor:

Signature

Paul Bland ROC 303361/299604 Print Name Contractors License#

/ 19 / 2022 Owner Title Date

4617 Weed Patch Court Greenwood CA 95635 - 470 Nevada Street, Suite 110, Auburn CA 95603 (866) 8-TRADES - dynamictrades.com - Rev05.02.22 Exhibit H

Doc ID: 9fd9997b7181d1a745573589af2fa145869b2b64 RECEIVED LEGAL DATE (MM/DD/YYYY) 7/03/2024 CERTIFICATE OF LIABILITY INSURANCE 7/14/2022 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). CONTACT PRODUCER NAME: Nicolas Campbell PHONE (480) 214-3544 FAX Summit Insurance Advisors (A/C, No, Ext): (A/C, No): E-MAIL 5425 E Bell Rd Ste 103 ADDRESS: [email redacted] INSURER(S) AFFORDING COVERAGE NAIC # Scottsdale AZ 85254 INSURER A : Scottsdale Indemnity Company 15580 INSURED INSURER B : Travelers Property Casualty Company of America 25674 AZ Framing and Remodeling, LLC INSURER C : National General Insurance Company 23728 14221 E Desert Vista INSURER D :

INSURER E : Scottsdale AZ 85262 INSURER F :

COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDL SUBR POLICY EFF POLICY EXP LTR TYPE OF INSURANCE INSD WVD POLICY NUMBER (MM/DD/YYYY) (MM/DD/YYYY) LIMITS ✘ COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 CLAIMS-MADE ✘ OCCUR DAMAGE TO RENTED PREMISES (Ea occurrence) $ 100,000 MED EXP (Any one person) $ 5,000 A Y GC983801 12/23/2021 12/23/2022 PERSONAL & ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 ✘ POLICY PRO- JECT LOC PRODUCTS - COMP/OP AGG $ 2,000,000 OTHER: $

AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT (Ea accident) $ 1,000,000 ANY AUTO BODILY INJURY (Per person) $

C OWNED AUTOS ONLY ✘ SCHEDULED AUTOS [number redacted] 9/09/2021 9/09/2022 BODILY INJURY (Per accident) $ HIRED NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY (Per accident) $

UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $

DED RETENTION $ $ WORKERS COMPENSATION PER OTH- STATUTE ER AND EMPLOYERS' LIABILITY Y/N ANY PROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT $ 1,000,000 B OFFICER/MEMBER EXCLUDED? N N/A 6JUB-4N65994-8-21 10/15/2021 10/15/2022 (Mandatory in NH) E.L. DISEASE - EA EMPLOYEE $ 1,000,000 If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ 1,000,000

DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)

Certificate holder added as an additional insured

CERTIFICATE HOLDER CANCELLATION

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Dynamic Trades Inc. ACCORDANCE WITH THE POLICY PROVISIONS.

470 Nevada Street, Suite 110 AUTHORIZED REPRESENTATIVE

Form W-9 Request for Taxpayer Identification Number and Certification Give Form to the requester. Do not (Rev. October 2018) Department of the Treasury send to the IRS. Internal Revenue Service ► Go to www.irs.gqvfFormW9 for instructions and the latest information. ·1 Name (as shown on your income tax return). Name is required on this line; do not leave this line blank. AZ Framing and Remodeling LLC Business name/disregarded entity name, If different from above

(") Check appropriate box for federal tax classification of !he person whose name Is entered on line 1. Check only one of the 4 Exemptions (codes apply only to Q) Ol following seven boxes. certain entities, not individuals; see c0.o instructions on page 3): C: 0 Individual/sole proprietor or D C Corporation 0 S Corporation D Partnership D Trust/estatl() Q)• ti/ C single-member LLC Exempt payee code (if any)

i □ Limited liability co111pany. Enter the tax classificatior, (C=C corporation, S=S corporation, P=Partnershlp) ►

� Note: Check the appropriate box in the line above for the tax classification of the single-member owner. Do not check Exemption from FATCA reporting LLC if the LLC is classified as a single-member LLC that is disregarded from the owner unless the owner of the LLC is ss ... ti/ code (if any) another LLC that is not disregarded from the owner for U.S. federal tax purposes. Otherwise, a single-member LLC that is disregarded from the owner should check the apJ')ropriate box for the tax classification of its owner. ·E0.. .s □ Other (see instruct!ons)► {Applies to accovnts maintained outside the U.S.) !5 Cl) C. e n 5 Address (number, street, and apt. or suite no.) See instructions. Requester's nall'le and address (optional) Cl) Cl) (/) Po Box 2973 City, state, and ZIP code

- Peoria, AZ 85380 List account number(s) here (optional)

■ 1j Taxpayer Identification Number (TIN) .;_,

Enter you TIN in_ the app_ropri te box. !h TIN provided must_ match t e name given on line 1 to avoid I Social security numbe'r

[I]] --[]] -I I I I I backup withholding. For rndrvrduals, thrs rs generally your socral security number (SSN). However, for a resident alien, sole proprietor, or disregarded entity, see the instructions for Part I, later. For other entities, it is your employer identification number (EIN). If you do not have a number, see How to get a TIN, later. or Note: If the account is in more than one name, see the instructions for line 1. Also see What Name and I EmplO\fer identification number Number To Give the Requester for guidelines on whose number to enter. -0467858 Certification Under penalties of perjury, I certify that: 1. The number shown on this form is my correct taxpayer identification number (or I am waiting for a number to be issued to me); and 2. I am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue Service (IRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified me that I am no longer subject to backt.JP withholding; and 3. I am a U.S. citizen or other U.S. person (defined below); and 4. The FATCA code(s) entered on this form (if any) indicating that I am exempt from FATCA reporting is correct. Certification instructions. You must cross out item 2 above if you have been notified by the IRS that you are currently 11ubject to backup withholding because you have failed to report all interest and dividends on your tax return. For real estate trans@ctions, item 2 does not apply, For mortgage interest paid, acquisition or abandonment of secured property, cancellation of debt, contributions to an individual retirement arrangement (IRA), and generally, payments other than interest and dividends, you are not required to sign the cortification, but you must provide your correct TIN. See the instructions for Part II, later.

Sign Signature of Here U.S. person ►

General Instructions • Form 1099-DIV (dividends, including those from stocks or mutual funds) Section references are to the Internal Revenue Code unless otherwise • Form 1099-MISC (various types of income, prizes, awards, or gross noted. proceeds) Future developments. For the latest information about developments • Form 1099-8 (stock or mutual fund sales and certain other related to Form W-9 and its instructions, such as legislation enacted transactions by brokers) after they were published, go to www.irs.gov/FormW9. • Form 1099-S (proceeds from real estate transactions) Purpose of Form • Form 1099-K (merchant card and third party network transactions) An individual or entity (Form W-9 requester) who is required to file an • Form 1098 (home mortgage inter st), 1098-E (student loan interest), information return with the IRS must obtain your correct taxpayer 1098-T (tuition) identification number (TIN) which may be your social sec1.1rity number • Form 1099-C (canceled debt) (SSN), individual taxpayer id ntification number (ITIN), adoption • Form 1099-A (acquisition or abanctonment of secured property) taxpayer identification number (ATIN), or employer identification number (EIN), to report on an information return the amount paid to you, or other Use Form W-9 only if you are a U.S. person (including a resident amount reportable on an information return. Examples of information alien), to provide your correct TIN. returns include, but are not limited to, the following. If yo/J do not return Form W-9 to the requester with a TIN, you might • Form 1099-INT (interest earned or paid) be subject to backup withholding. See What is backup withholding, later. Exhibit H Cat. No. 10231X Form W-9 (Rev. 10-2018) RECEIVED LEGAL 7/03/2024 --- IMPORTANT NOTICE --- YOU MUST: THIS IS YOUR IDENTIFICATION CARD fPORT DISASSOCIATION OF QUALIFYING PARTY IN WRITING WITHIN 15 DAYS. [SEE A.R.S. DO NOT DESTROY f32-1154(A)(18)] EPORTA CHANGE OF ADDRESS IN WRITING WITHIN 30 DAYS. [SEE A.R.S.§ 32-1122(B)(1)] f.:PORT ANY TRANSFER OF OWNERSHIP OF 50% OR MORE IMMEDIATELY [SEE A.R.S. [32-1151.01] EPORT ANY CHANGE IN LEGAL ENTITY, SUCH AS ANY CHANGE OF THE OWNERSHIP IN A SOLE PRIETORSHIP OR CHANGE OF A PARTNER IN A PARTNERSHIP OR THE CREATION OFA NEW ORATE ENTITY. [SEE A.R.S. § 32-1124(B)(F) § RULE R-4-9-110] LICENSE EFFECTIVETHROUGH:

AZ Framing and Remodeling LLC 299604

PO Box2973 Peoria, AZ 85380-2973

THIS CARD MUST BE

--- IMPORTANT NOTICE --- YOU MUST: THIS IS YOUR IDENTIFICATION CAR 1.) REPORT DISASSOCIATION OF QUALIFYING PARTY IN WRITING WITHIN 15 DAYS. [SEE A.R.S. DO NOT DESTROY § 32-1154(A)(18)] 2.) REPORT A CHANGE OF ADDRESS IN WRITING WITHIN 30 DAYS. [SEE A.R.S. § 32-1122(B)(1)] 3.) REPORT ANY TRANSFER OF OWNERSHIP OF 50% OR MORE IMMEDIATELY [SEE A.R.S. §32-1151.01] 4.) REPORT ANY CHANGE IN LEGAL ENTITY, SUCH AS ANY CHANGE OF THE OWNERSHIP IN A SOLE PROPRIETORSHIP OR CHANGE OF A PARTNER IN A PARTNERSHIP OR THE CREATION OF A NEW CORPORATE ENTITY. [SEE A.R.S. § 32-1124(B)(F) § RULE R-4-9-110] LICENSE EFFECTIVETHROUGH: March 31 , 2022 STATE OF ARIZONA Registrar of Contractors CERTIFIES THAT AZ. Framing and Remodeling LLC

AZ Framing and Remodeling LLC CONTRACTORS LICENSE NO. ROC 303361 CLASS CR-7 PO Box 2973 Peoria, AZ 85380-2973 Specialty Dual Carpentry

THIS CARD MUST BE PRESENTEDUPON DEMAND

Exhibit H RECEIVED LEGAL 7/03/2024

MSA - AZ Framing & Remodeling LLC, TLE Goodyear MSA05.18.22.pdf 9fd9997b7181d1a745573589af2fa145869b2b64 MM / DD / YYYY Signed

/ 07 / 2022 Sent for signature to Paul Bland ([email redacted]), 16:19:23 UTC Krystyn Tverberg ([email redacted]) and Andrew Klein ([email redacted]) from [email redacted] IP: 38.142.145.82

/ 07 / 2022 Viewed by Paul Bland ([email redacted]) 21:09:37 UTC IP: 72.223.16.138

/ 19 / 2022 An attachment was uploaded (COI) by ([email redacted]) 16:41:26 UTC IP: 72.223.16.138

/ 19 / 2022 An attachment was uploaded (W-9) by ([email redacted]) 16:41:26 UTC IP: 72.223.16.138

/ 19 / 2022 An attachment was uploaded (Contractor's License) by 16:41:27 UTC ([email redacted]) IP: 72.223.16.138

Exhibit H RECEIVED LEGAL 7/03/2024

MSA - AZ Framing & Remodeling LLC, TLE Goodyear MSA05.18.22.pdf 9fd9997b7181d1a745573589af2fa145869b2b64 MM / DD / YYYY Signed

/ 19 / 2022 Signed by Paul Bland ([email redacted]) 16:41:27 UTC IP: 72.223.16.138

/ 10 / 2022 Viewed by Krystyn Tverberg ([email redacted]) 16:35:39 UTC IP: 38.142.145.82

/ 10 / 2022 Signed by Krystyn Tverberg ([email redacted]) 16:35:56 UTC IP: 38.142.145.82

/ 10 / 2022 Viewed by Andrew Klein ([email redacted]) 17:13:42 UTC IP: 168.100.191.126

/ 10 / 2022 Signed by Andrew Klein ([email redacted]) 17:13:50 UTC IP: 168.100.191.126

/ 10 / 2022 The document has been completed. 17:13:50 UTC

Exhibit H RECEIVED LEGAL 7/03/2024

Answers - AZROC <[email redacted]>

Written Answer to Citation and Complaint Case No. 2024-04998 message

Emily Price <[email redacted]> Wed, Jul 3, 2024 at 5:29 PM To: [email redacted] Cc: Andrew Klein <[email redacted]>, Noah Price <[email redacted]>, Hannah DeYoung <[email redacted]>, Tyson Steward <[email redacted]>

Good evening,

Please find attached Dynamic Trades, Inc's Written Answer to Citation and Complaint Case No. 2024-04998. Please kindly confirm receipt.

Kind regards,

Emily Price / Chief Legal Officer [email redacted] O 866.8.TRADES (1-866-887-2337) option 4 www.dynamictrades.com

Dynamic Trades, Inc. Written Answer to Citation and Complaint Case No 2024-04998 Signed.pdf 3997K 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