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HomeMy WebLinkAboutCal Valley Construction, Inc - Bid 12500364-12467 - PW00849 Southwest Fresno Trail - Calfornia Ave to West Ave - 12-10-24CONTRACT CITY OF FRESNO, CALIFORNIA PUBLIC WORK OF IMPROVEMENT THIS CONTRACT is made and entered into by and between CITY OF FRESNO, a California municipal corporation (City), and Cal Valley Construction, Inc., a California corporation, (Contractor) as follows: 1. Contract Documents. The "Notice Inviting Bids," "Instructions to Bidders," "Bid Proposal," and the "Specifications" including "General Conditions," "Special Conditions," and "Technical Specifications" for the following: PWO0849 Southwest Fresno Trail — California Avenue to West Avenue Bid File No. 12500364-12467 copies of which are annexed hereto, together with all the drawings, plans, and documents specifically referred to in said annexed documents, including Performance and Payment Bonds, if required, and are hereby incorporated into and made a part of this Contract, and shall be known as the Contract Documents. 2. Price and Work. For the monetary consideration of Two Million Ninety Nine Thousand Nine Hundred Twenty Three Dollars and Zero Cents 2 099 923.00 , as set forth in the Bid Proposal, Contractor promises and agrees to perform or cause to be performed, in a good and workmanlike manner, under the direction and to the satisfaction of the City's "Engineer," and in strict accordance with the Specifications, all of the work as set forth in the Contract Documents. 3. Payment. City accepts Contractor's Bid Proposal as stated and agrees to pay the consideration stated, at the times, in the amounts, and under the conditions specified in the Contract Documents. 4. Indemnification. To the furthest extent allowed by law including California Civil Code Section 2782, Contractor shall indemnify, hold harmless and defend City and each of its officers, officials, employees, agents and volunteers from any and all loss, liability, fines, penalties, forfeitures, costs and damages (whether in contract, tort or strict liability, including, but not limited to personal injury, death at any time and property damage) incurred by City, Contractor or any other person, and from any and all claims, demands and actions in law or equity (including attorney's fees and litigation expenses), arising or alleged to have arisen directly or indirectly out of performance of this Contract. Contractor's obligations under the preceding sentence shall apply regardless of whether City or any of its officers, officials, employees, agents or volunteers are passively negligent, but shall not apply to any loss, liability, fines, penalties, forfeitures, costs or damages caused by the active or sole negligence, or willful misconduct, of City or any of its officers, officials, employees, agents or volunteers. If Contractor should subcontract all or any portion of the work to be performed under this Contract, Contractor shall require each subcontractor to indemnify, hold harmless and defend City and each of its officers, officials, employees, agents and volunteers in accordance with the terms of the preceding paragraph. This section shall survive termination or expiration of this Contract. 5. Trench Shoring Detailed Plan. Contractor acknowledges the provisions of Section 6705 of the California Labor Code and, if said provisions are applicable to this Contract, agrees to comply therewith. 6. Worker's Compensation Certification. In compliance with the provisions of Section 1861 of the California Labor Code, Contractor hereby certifies as follows: I am aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for worker's A241373 2024-07 CPDPLADivl 1.21 rev. 07.24 compensation or to undertake self-insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of work of this Contract and will make my subcontractors aware of this provision. IN WITNESS WHEREOF, the parties have executed this Contract on the day and year here below written, of which the date of execution by City shall be subsequent to that of Contractor's, and this Contract shall be binding and effective upon execution by both parties. Cal Valley Construction, Inc. a California corporation B j Name: N(le i 1 d (Type or print written signature.) Title: Pre'-, )CF— (,)- (Icorporation or LLC, Board Chair, Pres. ,o^r Vice Pres.) Dated: f [fie ; r �o n C ( Name:~ t— '! �PfUf-Cfc Eta (Type or print written signature.) Title: '6(2x—' ye, J (If corporation or LLC, FO, Treasurer, Secretary or Assistant Secretary) Dated:�60p)G0 �" CITY OF FRESNO, a California unicipal corporation By: Randall W. Morrison PE Capital Projects Director Dated: 12tc'& Z-'zit ATTEST: TODD STERMER, CMC City Clerk By. Deputy No signature of City Attorney required. Standard Document # 2022-11 DPW- S Formal Bid Contract-PublicWorkoflmprovement has been used without modification as certified by th ndersi By: Debra McGa Construction Compliance Specialist Capital Projects Department City address: City of Fresno Attention: Debra McGary 747 R. Street — 2"d Floor Fresno, CA 93721 A241373 2024-07 CPDPLADivl 1.22 rev. 07.24 CITY OF FRESNO Bond No. EACX4045456 Premium: Included PAYMENT BOND PUBLIC WORK KNOW ALL MEN BY THESE PRESENTS: That Cal Valley Construction, Inc. as Principal (the Principal) and Endurance Assurance Corporation as Surety (the Surety') are held and firmly bound onto the City of Fresno (the Obligee) in the just and full sum of Two Million Ninety Nine Thousand Nine Hundred Twenty Three Dollars and Zero Cents ($2,099,923.00) lawful money of the United States of America (said sum being equal to 100 percent of the estimated amount payable by the terms of the hereinafter described contract), for the payment of which, well and truly to be made, we hereby bind ourselves and ours, and each of our, heirs, executors, administrators, successors, and assigns, jointly and severally firmly by these presents. THE CONDITION OF THE ABOVE OBLIGATION IS SUCH, That WHEREAS, the Principal has been awarded a contract for the following described work of improvement and is required by Obligee to give this bond in connection with the execution of the written contract therefor (insert brief description of work of improvement): PWO0849 Southwest Fresno Trail — California Avenue to West Avenue (Bid File No.12500364-12467) NOW, THEREFORE, if the Principal or subcontractors of the Principal shall fail to pay any of the persons named in the Section 9100 of the Civil Code, or amounts due under the Unemployment Insurance Code with respect to work or labor performed by any such claimant, or prevailing wages due and penalties incurred pursuant to Sections 1774, 1775, 1813, or 1815 of the Labor Code, or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of the Principal and subcontractors pursuant to Section 13020 of the Unemployment Insurance Code, with respect to the work and labor, the Surety will pay for the same, in an amount not exceeding the sum specified above, and also, in case suit is brought upon this bond, will pay, in addition to the face amount thereof, costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by the Obligee in successfully enforcing this obligation, to be awarded and fixed by the court, and to be taxed as costs and to be included in the judgment therein rendered. The benefit of this bond shall inure to any of the persons named in Section 9100 of the Civil Code s❑ as to give the right of action to those persons or their assigns in any suit brought upon this bond. Should the condition of this bond be fully performed, then this obligation shall become null and void, otherwise it shall be and remain in full force and effect. No extension of time granted to the Principal and no change, alteration, or addition in any of the terms of the contract or any of the contract documents or the work to be performed thereunder, whether made after notice or not, shall release or otherwise affect the obligations of the Surety hereunder, and the Surety waives notice of any such extension, change, alteration, or addition. The Surety, by the execution of this bond, represents and warrants that this bond has also been duly executed by the Principal and proper authority, and the Surety hereby waives any defense which it might have by reason of any failure of the Principal to execute or properly execute this bond. A241373 2024-07 CPDPLADivl 1.26 rev. 07.24 In witness whereof, this instrument has been duly executed by the Principal and the Surety above named, on the 20thday of November, 20 24 Cal Valley Construction, Inc. 41 owl aea:r —C,O0 PRINCIPAL Endurance Assurance Corporation Kim rlsa , Attorney -in -Fact SURETY No signature of City Attorney required, Standard Document#DPW-S Payment Bond 08- 2023 has been used without modification, as certified by the undersigned. By: � - ❑ )McGary Title: Construction Compliance Specialist Capital Projects Department Approved: City Manager or designee By: x . Hei i-Baggs Title: Principal Risk Analyst Date: DPW-S Payment Bond (08-2023) A241373 2024-07 CPDPLADivi 1.27 rev. 07.24 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT Civil Code § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California j ss County of Fresno } On before me, Bonnie Gonzalez, Notary Public personally appeared Kim Wilson, who proved to me on the basis of satisfactory evidence to be the person{} whose name{-} is/a�e subscribed to the within instrument and acknowledged to me that 4e/she/t4ey executed the same in 4+s/her/ K authorized capacityki-ems}, and that by 4i-,/her/their signature{4 on the instrument the personks4, or the entity upon behalf of which the persons) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. BoNNII= GONZALEZ �G NOTARY PUBLIC - CALIFoRN4A COMMSS3loN # 2368139 FR SNO CouNTY My Comm. Exp. July 27. 2026 (Seal) Signatur C "t�(q_kcrr Bonni onzalez, Notary Public OftSOMPO INTERNATIONAL POWER OF ATTORNEY r INSURANCE 1W KNOW ALL BY THESE PRESENTS, that Endurance Assurance Corporation, a Delaware corporation ("EAC"). Endurance American Insurance Company, a Delaware corporation CEAIC'), Lexon Insurance Company, a Texas corporation ('LIC'), andfor Bond Safeguard Insurance Company, a South Dakota corporation ('BSIC'), each, a'Company' and col lectiveIy,'Sompo International,' do hereby constitute and appoint: Steven P. Edwards, Lyn Genito, Kim Wilson, Bonnie Gonzalez as true and lawful Attorney(s)-In-Fact to make, execute, seal, and deliver for, and on its behalf as surety or co -surety; bonds and undertakings given for any and all purposes, also to execute and deliver on its behalf as aforesaid renewals, extensions, agreements, waivers, consents or stipulations relating to such bonds or undertakings provided, however, that no single bond or undertaking so made, executed and delivered shall obligate the Company for any portion of the penal sum thereof in excess of the sum of One Hundred Million Dollars ($100,000,000.00). Such bonds and undertakings for said purposes, when duly executed by said attomey(s)-in-fact, shall be binding upon the Company as fully and to the same extent as if signed by the President of the Company under its corporate seal attested by its Corporate Secretary. This appointment is made under and by authority of certain resolutions adopted by the board of directors of each Company by unanimous written consent effective the 301' day of March, 2023 for BSIC and LIC and the 171h day of May, 2023 for EAC and EAIC, a copy of which appears below under the heading entitled "Certificate". This Power of Attorney is signed and sealed by facsimile under and by authority of the following resolution adopted by the board of directors of each Company by unanimous written consent effective the 301h day of March, 2023 for BSIC and LIC and the 17"' day of May, 2023 for EAC and EAIC and said resolution has not since been revoked, amended or repealed: RESOLVED, that the signature of an individual named above and the seal of the Company may be affixed to any such power of attorney or any certificate relating thereto by facsimile, and any such power of attorney or certificate bearing such facsimile signature or seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached. IN WITNESS WHEREOF, each Company has caused this instrument to be signed by the following officers, and its corporate seal to be affixed this 25th day of May, 2023. Endurance Assurance Corporation Endurance American Insurance Company Lexon Insurance Company �i G I Bond Safeguard jJ insurance Company i By: r[ �£� r BY: c c r. _ By. ; "I By,,-)'( Richard Appel; A,YA.BY,§enior dounsel Richard Appeli,SVP,&,§.enior Counsel Richard Appel; Son ior Counsel Richard Appei�SrU,PS Senior Counsel ysuranr"o �•. ' ' ,; � tcan e _ AC `40 �q• �-n��'aUa ,nnA pPO Cp;,�:I tic �= = =4:C, CWwa A x SOU.T. H E SEAI _ _S l_ SEAL J7a DAKOTA RM 2002 ° - s a compmy = `O�•., J�•p.• DELAwARE;J ���tAv ,.... .:� �`: ACKNOWLEDGEMENT B 0raW4i4,Y On this 25th day of May, 2023, before me, personally came the above signatories known to me, who being duly sworn, did depose and say that Wtw. I 'Xefficer of each of the Companies; and that he executed said instrument on behalf of each Company by authority of his )offlunder th by ws of each Company: .....•-••t°R' 9iAM o' By: =Aylor, N Public Zr My Commissign Expires'31$127; CERTIFICATE�+�.•`� I, the undersigned Officer of each Company, DO HEREBY CERTIFY that: 1 That the original power of attomey of which the foregoing is a copy was duly executed on behalf of each Company and has not since been revoked, amended or modified; that the undersigned has compared the foregoing copy thereof with the original power of attorney, and that the same is a true and correct copy of the original power of attorney and of the whole thereof, 2. The following are resolutions which were adopted by the board of directors of each Company by unanimous written consent effective 30°i day of March, 2023 for BSIC and LIC and the 1711' day of May, 2023 for EAC and EAIC and said resolutions have not since been revoked. amended or madifte& "RESOLVED, that each of the individuals named below is authorized to make, execute, seal and deliver for and on behalf of the Company any and all bonds, undertakings or obligations in surety or co -surety with others: RICHARD M. APPEL, MATTHEW E. CURRAN, MARGARET HYLAND, SHARON L. SIMS, CHRISTOPHER L. SPARRO, and be it further RESOLVED, that each of the individuals named above is authorized to appoint attorneys -in -fact for the purpose of making, executing, sealing and delivering bonds, undertakings or obligations in surety or cc -surety for and on behalf of the Company." 3. The undersigned further certifies that the above resolutions are true and correct copies of the resolutions as so recorded and of the whole thereof. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the corporate seal this loth day of November 20124 By: Dance S. ne, retary NOTICE: U. S. TREASU Y DEPARTMENT'S OFF CE OF FOREfGN ASSETS CONTROL ❑FAO No coverage is provided by this Notice nor can it be construed to replace any provisions of any surety bond or other surety coverage provided. This Notice provides information concerning possible impact on your surety coverage due to directives issued by OFAC. Please read this Notice carefully. The Office of Foreign Assets Control (OFAC) administers and enforces sanctions policy, based on Presidential declarations of "national emergency'. OFAC has identified and listed numerous forelgn agents, front organizations, terrorists, terrorist organizations, and narcotics traffickers as"Specially Designated Nationals and Blocked Persons". This list can be located on the United States Treasury's website—htt s:lrnvwtreasLr noire urcecentarisandrons'tiC;d-Lisi. In accordance with OFAC regulations, if it is determined that you or any other person or entity claiming the benefits of any coverage has violated U.S. sanctions law or is a Specially Designated National and Blacked Person, as identified by OFAC, any coverage will be considered a blocked or frozen contract and a provisions of any coverage provided are Immed lately subject to OFAC- When a surety bond or other form of surety coverage is considered to be such a blacked or frozen contract, no payments nor premium refunds may be made without authorization from OFAC. Other limitations on the premiums and payments may also apply. Any reproductions are void. Surety Claims Submission: Le><onClaimAdm:nistration�rsompo- ntk.com Telephone: 615-553-9500 Mailing Address: Sompo International; 12890 Lebanon Road; Mount Juliet, TN 37122-2870 CITY OF FRESNO PERFORMANCE BOND PUBLIC WORK Bond No. EACX4045456 Premium: $21,119 KNOW ALL MEN BY THESE PRESENTS: That Cal Valley Construction, Inc. as Principal (the Principal) and Endurance Assurance Corporation as Surety (the Surety) are held and firmly bound onto the City of Fresno (the Obligee) in the just and full sum of Two Million Ninety Nine Thousand Nine Hundred Twenty Three Dollars and Zero Cents ($2,099,923.00) lawful money of the United States of America (said sum being equal to 100 percent of the estimated amount payable by the terms of the hereinafter described contract), for the payment of which, well and truly to be made, we hereby bind ourselves and ours, and each of our, heirs, executors, administrators, successors, and assigns, jointly and severally firmly by these presents. THE CONDITION OF THE ABOVE OBLIGATION IS SUCH, That WHEREAS, the Principal has been awarded a contract for the following described work of improvement and is required by the Obligee to give this bond in connection with the execution of the written contract therefor (insert brief description of work of improvement): PWO0849 Southwest Fresno Trail — California Avenue to West Avenue (Bid File No.12500364-12467) NOW, THEREFORE, if the Principal shall well and truly do and perform each and all of the covenants, conditions, and agreements of said contract on the Principal's part to be done and performed, and any and all alterations thereof made as therein provided, at the time and in the manner therein specified, and shall indemnify and save harmless the Obligee, its officers, officials, agents, employees and volunteers, as therein stipulated, then this obligation shall be null and void; otherwise, it shall remain in full force and effect. As a part of the obligation secured hereby and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by Obligee in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. No extension of time granted to the Principal and no change, alteration, or addition in any of the terms of the contract or any of the contract documents or the work to be performed thereunder, whether made after notice or not, shall release or otherwise affect the obligations of the Surety hereunder, and the Surety waives notice of any such extension, change, alteration, or addition. The Surety, by the execution of this bond, represents and warrants that this bond has also been duly executed by the Principal and proper authority, and the Surety hereby waives any defense which it might have by reason of any failure of the Principal to execute or properly execute this bond. In witness whereof, this instrument has been duly executed by the Principal and the Surety above named, on the 20thday of November . 2024_ A241373 2024-07 CPDPIADivi 1.28 rev. 07.24 Cal Valley Construction, Inc. opT _Coo PRINCIPAL Endurance Assurance Corporation Kim W, 1 !911 Attorney -in -Fact SURETY No signature of City Attorney required. Standard Document#DPW-S Performance Bond 08-2023 has been used without modification, as certified by the undersigned. By: 0� Deli McGary Title: Construction Compliance Specialist Capital Projects Department Approved. City Manager,i or designees. i By:� Heidi Briggs Title: Principal Risk Analyst Date: DPW-S Performance Bond (08-2023) A241373 2024-07 CPDPLADivi 1.29 rev. 07.24 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT Civil Code § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California ) ss County of Fresno } On 4�V``P�i'Yl �' - Zgn before me, Bonnie Gonzalez, Notary Public, personally appeared Kim Wilson, who proved to me on the basis of satisfactory evidence to be the persons} whose name{&} is/a�e subscribed to the within instrument and acknowledged to me that #e/she/t-hey executed the same in #+,,/her/t#e+* authorized capacityki=& }, and that by 4+s/her/the+lsignatureks4 on the instrument the personk4, or the entity upon behalf of which the personks4 acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. 9:9M ALEz 68139 iA FTY27. 2025 } Signature. t /tillf (Seal) Bonnie onzalez, Notary Pub C I SOMPO INTERNATIONAL. POWER OF ATTORNEY " INSURANCE 2697 KNOW ALL BY THESE PRESENTS, that Endurance Assurance Corporation, a Delaware corporation j"EAC'), Endurance American Insurance Company, a Delaware corporation (EAIC"), Lexon Insurance Company, a Texas corporation ("LIC"), and/or Bored Safeguard Insurance Company, a South Dakota corpora tion("BSIC"), each, a "Company" and collectively, 'Som po International,' do hereby constitute and appoint Steven P. Edwards, Lyn Gen Ito, Kim Wilson, filonnie Gonzalez as true and lawful Attorney (s)-In-Fact to make, execute, seal, and deliver for, and on its behalf as surety or co -surety; bonds and undertakings givers for any and all purposes, also to execute and deliver on its behalf as aforesaid renewals, extensions, agreements, waivers, consents or stipulations relating to such bonds or undertakings provided, however, that no single bond or undertaking so made, executed and delivered shall obligate the Company for any portion of the penal sum thereof in excess of the sum of One Hundred Million Dollars ($100,000,000.00). Such bonds and undertakings for said purposes, when duly executed by said attorneys) -in -fact, shall be binding upon the Company as fully and to the same extent as if signed by the President of the Company under its corporate seal attested by its Corporate Secretary This appointment is made under and by authority of certain resolutions adopted by the board of directors of each Company by unanimous written consent effective the 301" day of March, 2023 for BSIC and LIC and the 171h day of May, 2023 for EAC and EAIC, a copy of which appears below under the heading entitled *Certificate'. This Power of Attorney is signed and sealed by facsimile under and by authority of the following resolution adopted by the board of directors of each Company by unanimous written consent effective the 301 day of March, 2023 for BSIC and LIC and the 171 day of May, 2023 for EAC and EAIC and said resolution has not since been revoked, amended or repealed: RESOLVED, that the signature of an individual named above and the seal of the Company may be affixed to any such power of attorney or any certificate relating thereto by facsimile, and any such power of attorney or certificate bearing such facsimile signature or seal shall be valid and binding upon the Company in the future with respect to any band or undertaking to which it is attached. IN WITNESS WHEREOF, each Company has caused this instrument to be signed by the following officers, and its corporate seal to be affixed this 25th day of May, 2023. Endurance Assurance Corporation Endurance American Insurance Company Lexon Insurance Company 11,�,;1 [C�.. Bond Safeguard Insurance Company By. ;>�i : `.c -r i i:�: . Richard Appel; tRi6,49nior Counsel By_ . . _ J • ,7 : (�:... Richard Appel ,SVP,$,5enior Counsel • r / I i L{; By. Richard Appel; Senior Counsel By:1 Richard Appelr,SVP &•.$enior roans tNSQ .4 C F ?,y , A •- OA-FPbR4•. 4 Z.: •'= rn :Q ' .gµPDR,�r 3 �f : if �' •, �' p'N prosy k �� f: � € kr SOUTH : R SEAL ° = =-nt 2002 p1= = SEAL ': o =R'. 1996 a= S E A L i * v - INSURANCE y'. COMPANY . •. DELAWARE ' 4 .' - 7•. pELflYJARE,.t; 7Sq,(,G �`�c.. °p r �c�•' •. •�c` . $• _.. .-,ar '_.. ..•i?�',ir'r V g Ttit ..... .- a� 2�s, `y%•,..,, „a'' 00 "•�,.,n.,,,ws..,••`' ACKNOWLEDGEMENT ,�ok.., On this 25th day of May, 2023, before me, personally came the above signatories known to me, who being duly sworn, did depose and say that he1t0414:ktijofpoer of each of the Companies; and that he executed said instrument on behalf of each Company by authority of his offs under t by ws of each Company �rA1E __ iMR9fE8 - By. Amy aylor, No Public My Commisshr n 6pires3/�%+W CERTIFICATE San + I, the undersigned Officer of each Company, DO HEREBY CERTIFY that: 1 That the original power of attorney of which the foregoing is a copy was duly executed on behalf of each Company and has not since been revoked, amended or modified; that the undersigned has compared the foregoing copy thereof with the original power of attorney, and that the same is a true and correct copy of the original power of attorney and of the whole thereof, 2. The following are resolutions which were adopted by the board of directors of each Company by unanimous written consent effective 30'^ day of March, 2023 for BSIC and LIC and the 1701 day of May, 2023 for EAC and EAIC and said resolutions have not since been revoked, amended or modified: "RESOLVED, that each of the individuals named below is authorized to make, execute, seal and deliver for and on behalf of the Company any and all bonds, undertakings or obligations in surety or co -surety with others: RICHARD M. APPEL, MATTHEW E. CURRAN, MARGARET HYLAND, SHARON L. SIMS, CHRISTOPHER L. SPARRO, and be it further RESOLVED, that each of the individuals named above is authorized to appoint attorneys -in -fact for the purpose of making, executing, sealing and delivering bonds, undertakings or obligations in surety or co -surety for and on behalf of the Company." 3. The undersigned further certifies that the above resolutions are true and correct copies of the resolutions as so recorded and of the whole thereof. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the corporate seal this 20th day of November 20 24 By: Dante S. he, a retary NOTICE. U. S. TREASURY DEPARTMENT'S OFFICE OF FOREIGN ASSETS CONTROL OFAC No coverage Is provided by this Notice nor can it be construed to replace any provisions of any surety bond or other surety coverage provided. This Notice provides information concerning possible impact on your surety coverage due to directives issued by OFAC. Please read this Notice carefully. The Office of Foreign Assets Control (OFAC) administers and enforces sanctions policy, based on Presidential declarations of "national emergency". OFAC has identified and listed numerous foreign agents, front organizations, terrorists, terrorist organizations, and narcotics traffickers as "Specially Designated Nationals and Blocked Persons". This list can be located on the united States Treasury's website — ;sanclionslSDN-List. In accordance with OFAC regulations, it it is determined that you or any other person or entity clalming the benefits of any coverage has violated U.S. sanctions law or is a Specialty Designated National and Blocked Person, as identified by OFAC, any coverage will be considered a blocked or frozen contract and all provisions of any coverage provided are immediately subject to OFAC. When a surety bond or other form of surety coverage is considered to be such a blocked or frozen contract, no payments nor premium refunds may be made without authorization from OFAC. Other limitations on the premiums and payments may also apply. Any reproductions are void. Surety Claims Submission:; exonCla�r:�aci;�zi�ti stratlon(7som ❑-in[I.com Telephone: 615-553-9500 Mailing Address: Sompo International; 12890 Lebanon Road; Mount Juliet, TN 37122-2870 Debra McGary From: City of Fresno / CTrax <certificate-request@ctraxlive.com> Sent: Tuesday, December 10, 2024 9:19 AM To: estimating@calvalleyconstruction.com; Debra McGary; Jennifer.Kochevar@JDiData.com; Robin Madrid; epiccerts@epicbrokers.com Subject: City of Fresno, Compliance Notice, Cal Valley Construction, Inc. (PW00849) (R2022) External Email: Use caution with links and attachments Compliance Notice No Further Action Needed You are receiving this notice because our records show you are an active vendor or tenant with City of Fresno. The Certificate of Insurance (COI) submitted indicates that the coverages are in compliance with the insurance requirements. No further action is required at this time. Vendor Name: Cal Valley Construction, Inc. (PW00849) PWO0849 (CDP)Southwest Fresno Trail - California Ave to West Ave The compliant coverage are: TYPE OF INSURANCE POLICY NUMBER EXPIRATION DATE COI DATE FILE NAME PWO0849 AUTOMOBILE LIABILITY BAP110087807 03/01/2025 11/20/2024 COI.pdf PWO0849 GENERAL LIABILITY GLO110087707 03/01/2025 11/20/2024 COl.pdf PWO0849 POLLUTION / ENVIRONMENTAL LIABILITY ICELLUW00155487 07/01/2025 11/20/2024 COI.pdf 1 WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Thank you, 12/10/202412:18 PM R2022 Powered try WC110087607 03/01/2025 11/20/2024 PWO0849 COI.pdf Job of File No .Bid File 12500364 2467 Project ID P 14 City of Name or Title of Job. SOUTHWEST FRESNO TRAIL - L" �I� CALIFORNIA AVENUE TO WES_T_AVENUE F Department No FAIR FMPI OVMFnIT PRACTICES COMPLIANCE REPORT 1. Name and Address of Contractor PRIME N SUB[ ] Cal Valley Construction, Inc. 5125 N. Gates Avenue, #102, Fresno, CA 93722 Yes No 2. Have you established a company -wide employment policy to assure that equal employment opportunity is given to all X persons without regard to race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, sex, age, sexual orientation or on any other basis prohibited by law? 3. Have you notified all supervisors, foreman and other personnel officers in writing of the contents of the anti -discrimination clause and their responsibilities under it? X 4. Have notices setting forth the provisions of the Fair Employment Practice Section used in City of Fresno Contracts been posted in conspicuous places available to employees and applicants for employment on this Project? X 5. Have each of the Company's employee referrals including unions, employment agencies, advertisements, Department of Employment, etc, been notified of the contents of the anti -discrimination clause? X 5a. Has this been done in writing? x 6. Has each employee referral advised the Company that it will refer all qualified applicants for employment to the Company without regard to race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, sex, age, sexual orientation or on any other basis prohibited by law? X 7. Has a collective bargaining agreement or other contract or understanding been made with a labor union (or unions) which covers the performance of any work or supplying of any materials under this Contract? X 7a. Do you operate under an Association Master Labor Agreement? X If your answer is "yes", state the name of the Association. Are copies of those agreements on file with the City? 6c] Yes [ ] No With whom? Operators & Laborers 7b. If you do not operate under an Association Master Labor Agreement, then indicate what steps you have taken to attempt to develop an agreement which will: (1) Spell out responsibilities for nondiscrimination in hiring, referral, upgrading and training. (2) Otherwise implement an affirmative anti -discrimination program in terms of the unions' specific area of skill and geography, to the end that qualified minority workers will be available and given an equal opportunity for employment. In addition, if you have reached such an agreement, attach a copy of the provisions thereof which bear on (1) and (2) above. 8 Have you encountered any opposition to the anti -discrimination clause by individuals, firms, or organizations? ]( If your answer to No. 8 is "Yes", identify the individual, firm or organization and briefly describe the nature of the opposition. 9. Check principal sources DEPT OF EMP. EMP. AGENCIES DIRECT HIRING UNION OTHER for employee referrals. Union a. Const. Workers b. Other workers Hiring Agencies 10. The following person or persons are responsible for determining whom to hire or whether or not to hire workers on this particular Project: QUESTIONS 11 THROUGH 13 TO BE FILLED OUT BY PRIME CONTRACTOR ONLY: 11. Have you awarded any subcontracts for work covered by your Contract? x 12. Have the anti -discrimination provisions been included in each of said subcontracts? x 13. Have all such Subcontractors been instructed to file compliance reports, and have they been furnished with report forms? x 14. Dated this 26th day of November 2o24 at Fresno, CA (City and State) 15. ]declare under penal rju nder the laws of the State of foregoing is true and corcec Y � — (f � J S�; (Contractor) A240499 2024-03 CPDARPAPLADivl 1.30 rev. 3.24 FAIR EMPLOYMENT PRACTICES COMPLIANCE REPORT INSTRUCTIONS TO CONTRACTORS This Compliance Report is required by the Fair Employment Practices provisions of City of Fresno Contracts for the supplying of work, materials, or both. This report is to be completed in its entirety for each prime Contract and all first -tier subcontracts. The reports shall be submitted to the City after award of the Contract and prior to Notice to Proceed. Additional sheets of paper may be attached if necessary to submit explanations or further information. If the answers to any of the questions indicate non-compliance with the anti -discrimination provision of the Contract, a brief explanation of such answer must accompany the report. It shall be the further responsibility of the Contractor to keep the information contained in the compliance report current and should there be changes in the Contractor's agreements with employee referrals, including unions or in the individuals responsible for hiring, etc., which would change the answers submitted by the Contractor in its original questionnaire, the Contractor should file a supplementary report containing revised answers to the applicable questions. Such changes from the original report are to be submitted in duplicate. Upon completion of the Contract, the Contractor must submit a final statement of compliance including statements that the original compliance report was submitted, that any changes in the original report were reported, and that the requirements of the Fair Employment Practices section were complied with during the Contract. If such a statement cannot be submitted in its entirety, a statement along the same lines with the exceptions noted must be submitted. The City may require the submission of additional information or reports on compliance at any time. A240499 2024-03 CPDARPAPLADivl 1.31 rev. 3.24 BIDDER'S NAME. CAL VALLEY CONSTRUCTION, INC. (Submit with Bid Proposal) BIDDER'S CHECKLIST SOUTHWEST FRESNO TRAIL — CALIFORNIA AVENUE TO WEST AVENUE Bid File No. 12540364-12467 SUBMIT THIS BIDDER'S CHECKLIST WITH YOUR BID DOCUMENTS. Bidders shall complete and submitall documents marked with an "X" in the "REQUIRED" column. Documents required on the checklist but not included may render your bid nonresponsive and ineligible for award. Bids received by the City by the scheduled bid opening time will be opened and publicly read but are subject to verification that all the required documents have been submitted. Copies of bid Deposits may be submitted electronically and separate, with the exception of a certified or cashier's check, which must be brought to the Purchasing Manager's office and labeled accordingly with bid number priorto bid opening. REQUIRED [X] 1. A valid STATEMENT OF QUALIFICATIONS including Schedules "A-1 and "A-2" must be on file with the Office of the Purchasing Managerof the City of Fresno at the time of the bid opening. V [X] 2. BID PROPOSAL pages 1.2 through 1.4. U 3. CONTRACTOR'S LICENSE information, page 1.8. [XI 4. BID DEPOSIT attached to front of Proposal or submitted electronically in the form of: [ ] Certified Check [ ] Bidder's Bond [ ] Cashier's Check [ ] Irrevocable Ltr of Credit [ ] Certificate of Deposit [ ] Annual Bidder's Bond V L] 5. LIST OF SUBCONTRACTORS, page 1.9. 16. CERTIFICATION, (Comptroller General's List), page 1.10. XX] 7. NONCOLLUSION DECLARATION, page 1.11. V [X] 8. CERTIFICATION FOR LOCAL PREFERENCE, if applicable, page 1.12. V [X] 9. UPDATE OF STATEMENT OF QUALIFICATIONS, page 1.13. V [X] 10. ACH PAYMENT INITIATIVE — ELECTRONIC PAYMENT, page 1.14 [X] 11. PLA ADDENDUM A— AGREEMENT TO BE BOUND, page 1.15 U 12, SIGNATURE PAGE 1.16 V [XI 13. ADDENDA - Signature page of all Addenda issued, Addenda No. i to (Enter numbers) � 114. PRE -BID CON FERE NCE-A company represen tative atten ded the pre -bid conference held on September 17, 2024;10am. If one (1) of the three (3) lowest bidders, submit after bid opening: L] 15. SUBCONTRACTOR INFORMATION - DETAIL, page 1.19. If bidder lists subcontractors on page 1.9, this form is to be submitted to the Purchasing Division within one working day from the date of the bid opening. SUBMITTED BY: Name of Company CAL VALLEY CONSTRUCTION, INC. Address 5125 N. GATES AVE.,#102 Phone No. 559-274-0300 Contact Name TONY STORELLI City _FRESNO State CA Zip 93722 Fax No. 559-274-0311 E-Mail Address: estimating@calvalleyconstruction.com A241373 2024-07 CPDPLADivi 1.1 rev. 07.24 C,;y of -resno Sol,th—st Po— 'rnd C,alrfornia Avenue I West Avenue (12500964), cording on 10/08/2024 300 PM (PUT) i P.qe I .I4 P :nt,d 10/0912024 Bid Results Bidder Details Vendor Name Cal Valley Construction Inc. Address 5125 N. Gates Avenue, Suite 102 Fresno, California 93722-6414 United States Respondee Tony Storelli Respondee Title Chief Operating Officer Phone 559-274-0300 Email estimating@caIva lleyconstruction,com Vendor Type CADIR License # 873800 CADIR 1000009471 Bid Detail Bid Format Electronic Submitted 10/08/2024 2:48 PM (PDT) Delivery Method Bid Responsive Bid Status Submitted Confirmation # 397796 Respondee Comment Buyer Comment Attachments File Title File Name File Type CAL VALLEY BID SW TRAIL.pdf CAL VALLEY BID SW TRAIL.pdf Required Bid Documents General Attachment ,qe :y of =rasno 0/09/2 u r.•.:hwesr r•ano �-rr c;,�r�r , nv.^.nnn �r. "vc,; nvrn,c ( �� ;Dues-q. �_.:: ,9 ��, Iom9rzOri.: uo ��N� ;moo 1,:n� I rcd n2n Line Items Discount Terms No Discount Item Item Type Item Description UOM QTY Unit Price Llne Total Response Comment # Code Section 1 $2,099,923.00 I Moblll.tlon LUMP Sum 1 $50,000.00 550,000.00 Yes 2 Mediator (Owner's 50%share, see page 2.54 of General Conditions) Lump Sum 1 $10,000.00 $10,000.00 Yes 3 Clearing and Grubbing Lump Sum 1 $200,000.00 $200,000.00 Yes 4 Traffic Control Lump Sum 1 $134,600.00 $134,600.00 Yes Storm Water Pollution Prevention Plan (SWPPP) and Fugitive Dust Control Plan (FDCP) Preparation, Implementation Lump 1 $4,100.00 54,100.00 Yes 5 & Maintenance Sum 6 Roadway and Trail Excavation (F) CY 3300 540.00 5132,000.00 Yes 7 Aggregate Base, Class 11 (Road) TON 700 $40.00 $28,000.00 Yes 8 Aggregate Base, Class II (Trail) TON 1100 $60.00 $66,000.00 Yes 9 Hot Mix Asphalt, Type A (Read) TON 370 $140.00 $51,800.00 Yes 10 Hot Mix Asphalt, Type A (Trail) TON 580 $140.00 $01,200.00 Yes 11 Hot Mix Asphalt Dike, Type A LF 75 $60.00 $4,500.00 Yes 12 Hot Mix Asphalt Dike, Type D LF 20 $60.00 S1.200.00 Yes 13 Hot Mix Asphalt Plug SF 440 $23.00 $10,120.00 Yes 14 Concrete Sidewalk SF 1120 $6.00 $6,720.00 Yes 15 Curb Ramp SF 320 $7.00 $2,240.00 Yes 16 Detectable Warning Devices SF 96 $55.00 $5,260.00 Yes 17 Concrete Valley Gutter SF 750 $11.00 58,250.00 Yes 18 Concrete Curb and Gutter LF 700 $28.00 $19,600.00 Yes 19 Concrete Curbs 6"x12" (Trail) LF 8600 $16.00 $137,600.00 Yes 20 Concrete Driveway Approach (Commercial) SF 570 $8.00 $4,560.00 Yes 21 Signing and Striping (Thermoplastic) Sump 1 $16,000.00 $16,0010.00 Yes 22 Bollards (Removable) EA 7 $1,600.00 $11,200.00 Yes 23 Bollards (Fixed) EA 19 $1,450.00 527,550.00 Yes 24 Decomposed Granite SF 19440 $1.20 $23,328.00 Yes 25 Concrete Retaining Wall (F) LF 54 $900.00 $48,600.00 Yes 26 Fencing (Chain Link) and Concrete Mowstrip LF 70 $130.00 $9,100.00 Yes 27 Trail Benches EA 2 $6,100.00 $12,200.00 Yes 28 Adjust Water Valves to Finish Grade EA 2 $2,000.00 54,000.00 Yes 29 Adjust Unlined Manhole to Finish Grade EA 2 $2,000.00 $4,000.00 Yes 30 Landscape and Irrigation Sump 1 $172,000.00 $172,000,00 Yes 31 Drainage Features Lump Sum 1 $5,800.00 55,800.00 Yes 32 Water Tle-In Lump Sum 1 $51000.00 $5.000.00 Yes 33 Decorative Trail Lights and Service Lump 1 $539,000.00 $539,000.00 YesSum 34 street Lights end service Lump Sum 1 $128,000.00 $128,000.00 Yes 35 Funding Slgnage (TCC) Sump 1 $5,500.00 $5,500.00 Yes 36 Fresno Irrigation District Encroachment Permit Lump 1 $5,000.00 $5,000.00 YesSum 37 90-Day Landscape and Irrigation Maintenance Period Lump 1 $3,000.00 $3,000.00 YesSum 38 Miscellaneous Facilities and Operations Lump um 1 $5,000.00 $51000.00 Yes 39 Import Borrow (F) CY 1025 $115.00 $117,875.00 Yes .tiq,•n111 %:!}9 91 : �a�rl Ayr+n�r �c'Ii4M �V.:+um �' 150fl.1+•.L nldll' j 1_I 'IR'i1Li=�.i4 .L',1J:.+4 ? j� I'qi 4 '; J.- - y -Cry; yam} Line Item Subtotals Section Title Section 1 Grand Total Line Total $2,099,923.00 $2,099,923.00 BIDDER'S NAME: CAL VALLEY CONSTRUCTION, INC. (Submit with Bid Proposal) BID PROPOSAL SOUTHWEST FRESNO TRAIL — CALIFORNIA AVENUE TO WEST AVENUE BID FILE NO. 12500364-12467 TO: THE PURCHASING MANAGER OF THE CITY OF FRESNO: The undersigned Bidder,having carefullyexaminedthe location ofthe herein afterdescribed work, plans and/or specifications therefor, hereby proposes to furnish, all, in strict accordance with said plans and/or specifications, the materials, labor, and equipment necessaryto complete the project for the prices set forth in the following bid items: ITEM QUANTITY DESCRIPTION OF WORK UNIT PRICE TOTAL 1. Lump Sum Mobilization Lump Sum $50,000* 2. Lum Sum Mediator (Owner's 50%share, see Lump Sum 10 000** p page2.54 of General Conditions) 3, Lump Sum Clearing and Grubbing Lump Sum 4. Lump Sum Traffic Control Lump Sum Storm Water Pollution Prevention Plan (SWPPP) and Fugitive Dust Lump Sum $ 5. Lump Sum Control Plan (FDCP) Preparation, Implementation & Maintenance 6. 3,300 Cy Roadway and Trail Excavation (F) $ $ 7. 700 TON Aggregate Base, Class II (Road) $ 8. 1,100 TON Aggregate Base, Class II (Trail) $ $ 9. 370 TON Hot Mix Asphalt, Type A (Road) $ $ 10. 580 TON Hot Mix Asphalt, Type A (Trail) $ $ 11. 75 LF Hot Mix Asphalt Dike, Type A $ $ 12. 20 LF Hot Mix Asphalt Dike, Type D $ $ 13. 440 SF Hot Mix Asphalt Plug 14, 1,120 SF Concrete Sidewalk 15, 320 SF Curb Ramp $ $ 16. 96 SF Detectable Warning Devices $ Continued A241373 2024-07 CPDPLADivi 1.2 rev, 07.24 BIDDER'S NAME: CAL VALLEY CONSTRUCTION, INC (Submit with Bid Proposal) 17. 750 SF Concrete Valley Gutter $ $ 18. 700 LF Concrete Curb and Gutter $ 19. 8,600 LF Concrete Curbs 6"x12" (Trail) $ $ 20. 570 SF Concrete Driveway Approach $ $ (Commercial) 21. Lump Sum Signing and Striping (Thermoplastic) Lump Sum $ 22. 7 EA Bollards (Removable) $ $ 23. 19 EA Bollards (Fixed) $ 24. 19,440 SF Decomposed Granite $ $ 25. 54 LF Concrete Retaining Wall (F) $ $ 26. 70 LF Fencing (Chain Link) and Concrete $ $ Mowstri p - 27. 2 EA Trail Benches $ $ 28. 2 EA Adjust Water Valves to Finish Grade $ $ 29 2 EA Adjust Unlined Manhole to Finish $ $ Grade 30. Lump Sum Landscape and Irrigation Lump Sum $ 31. Lump Sum Drainage Features Lump Sum 32. Lump Sum Water Tie -In Lump Sum $5,000*** 33. Lump Sum Decorative Trail Lights and Service Lump Sum $ 34. Lump Sum Street Lights and Service Lump Sum $ 35. Lump Sum Funding Signage (TCC) Lump Sum $ 36. Lump Sum Fresno Irrigation District Encroachment Permit Lump Sum $5.000**** 37. Lump Sum 90-Day Landscape and Irrigation Lump Sum $ Maintenance Period 38. Lump Sum Miscellaneous Facilities and Operations Lump Sum $ 39. 1,025 CY Import Borrow (F) A241373 2024-07 CPDPLAD-vl (Continued) 1.3 (Addendum No. 3) rev.07.24 BIDDER'S NAME: CAL VALLEY CONSTfRUCTI0N, INC. (Submit with Bid Proposal) TOTAL NET BID AMOUNT $ The Total Net Bid Amount is Dollars and Cents. Completion of Bid Proposal Form to be Eligible for Award. Bidders must bid all bid items (including any Alternates). The Bidder is non -responsive and ineligible for award in the event Bidder fails to initial this paragraph on the line provided and completely fill in this Bid Proposal Form including, without limitation, all dollar amounts, and information called for on this Bid Proposal Form. By its initialsto the righthereof, Bidder represents he or she has read and understands the consequences of not completely filling in this Bid Proposal Form. Initial *This item has been determined to be $50,000 as noted in the "Explanation of Bid Items," page 6.1. **This item has been determined to be $10,000 as noted in the "Explanation of Bid Items", page 6.1 and in the General Conditions, page 2.54. ***This item has been determined to be $5,000 as noted in the "Explanation of Bid Items", page 6.15. ****This item has been determined to be $5,000.as noted in the "Explanation of Bid Items", page 6.16. The Bid Prices setforth herein shall include any and all applicable taxes. (F) Final Pay Quantity as defined by Section 9 of the State Standard Specifications. A241373 2024-07 CPDPLADivi 1.4 rev. 07.24 BIDDER'S NAME: CAL VALLEY CONSTRUCTION INC. (Submit with Bid Proposal) TIME OF COMPLETION/LIQUIDATED DAMAGES The Contractor shall diligently prosecute the work to completion for all bid items before the expiration of ONE HUNDRED (100 working days from the date of the Notice to Proceed. It is agreed that the Contractor shall be liable for and shall pay to the City, as fixed, and agreed, liquidated damages, and not as a penalty, the sum of TWO THOUSAND DOLLARS $$2,_000) per day for each calendar day of delay in completion of the work from the date completion as specified herein or in any written extension of time granted by the City. NOTE: The following shall apply to all bid items: TIME OF COMPLETION AS SPECIFIED WILL BE ENFORCED. LIQUIDATED DAMAGES WILL BE DEDUCTED FROM PAYMENTS. CONTRACT QUANTITIES for The City reserves the right to increase or decrease Contract quantities in accordance with available funds. If the City Council has not appropriated funds, or if sufficientfunds are not available to complete the purchase,the City reserves the rightto decrease quantities to stay within the budget limitations. ADDENDA The City makes a concentrated effort to ensure any addenda issued relating to these Specifications are distributed to all interested parties. It shall be the Bidder's responsibility to inquire as to whetherany addenda to the Specifications have been issued. Upon issuance by the City, all Addenda are part of the Bid Proposal. Signing the Bid Proposal on the signature page thereof shall also constitute signature on all Addenda. PRECEDENCE OF BID PRICES In the event of discrepancies between the bid total, summaries of totals and unitprice extensions, the unit price correctly extended will control over the summaries of totals, and the summaries of totals correctly added will control overthe total, whetherthe summaries of totals are extended unit prices or lump sums. RIGHT TO REJECT ANY AND ALL BIDS The City reserves the right to reject any and all bids. TIME PERIOD TO AWARD/REJECT BIDS The undersigned Bidder agrees that the City may have 64 DAYS from the date bids are opened to acceptor reject this Bid Proposal. It is further understood that if the Bidderto whom any award is made fails to enter into a Contract as provided in the Specifications, award maybe made to the next lowest responsive and responsible Bidder, who shall be bound to perform as if he/she had received the award in the first instance. No Bid Proposal may be withdrawn priorto award within that time. A241373 2024-07 CPDPLADivI 1.5 rev. 07.24 BIDDER'S NAME: CAL VALLEY CONSTRUCTION, I (Submit with Bid Proposal) AWARD OF CONTRACT When bids are submitted to the Council, the award will be made to the lowest responsive and responsible Bidder, subjectto the rightto reject any and all bids. MINOR IRREGULARITIES The City reserves the right to waive any informality or minor irregularity that does not have a monetary consideration when it is in the best interest of the public and of the City to do so. A discrepancy that offers a Bidder an unfair advantage will cause the bid to be nonresponsive. CITY ENGINEER'S QUANTITY ESTIMATE All bids will be compared with the City Engineer's Estimate of the quantities of work to be done. TIEBREAKER In the event a tiebreaker is needed to establish the lowest responsive and responsible Bidder, the City shall, unless otherwise agreed upon by all participating parties, utilize a coin toss as a tiebreaker to be admin istered by a th ird party chosen by mutu al con sent of the participants. Such coin toss shall take place within 7 working days from the date of bid opening. If the City determines that a tiebreaker is necessary, each applicable Bidder agrees to participate or to indemnifytheCity in anylitigation resultingfromthe utilization ofthetlebreaker. If a Bidderrefuses to timely participate, the City shall conductthe coin toss in a manner determined bythe City to be fairto all and the results of such coin toss shall be final. A241373 2024-07 CPDPLADivl 1.6 rev. 07.24 BIDDER'S NAME: c.Al yAl I FY coNcTgticTloN, INC. (Submit with Bid Proposal) BID DEPOSIT Accompanying this bid proposal, if paper copy, is a Bid Deposit in the amount of TEN PERCENT (10%) OF THE TOTAL NET BID AMOUNT (or, in bids with Add Alternates, the highest possible combination of the Base Bid plus Add Alternates) in the following form: Lj Certified Check L__1 Bidder's Bond Lj Cashier's Check j1 Irrevocable Letter of Credit [I Certificate of Deposit j1 Annual Bidder's Bond Copies of Bid Deposits may be submitted electronically, with the exception of a certified or cashier's check, which must be brought to the Purchasing Manager's office and labeled accordingly with bid number priorto the bid opening. Bid Deposit is deposited by the undersigned Bidderwith the City of Fresno as a guaranteethat the Bidder, if awarded all or part of the Contract, will, within 15 calendar days from the date the Notice of Award is mailed to the Bidder, execute, and return a Contract furnished bythe City. If the Deposit is in the form of an Annual Bidder's Bond, the bond must be heretofore registered with the Purchasing Managerand must be in the amount of not less than the greater of TEN PERCENT (10%) of the Total Net Bid Amount or TEN PERCENT (10%) of the hiahest possible combination of the Base Bid plus Add Alternates. Such Deposit is made with the understanding that failureto execute such Contract will result in damage to the City, that the amountof such damage would be difficultto determine and that in the eventof such defaultsaid Depositshall becomethe property of the City; or, if a Bidder's Bond is deposited, the amount of the obligation thereof, but not more than the above stated amount, shall thereupon be due and payable to the City of Fresno as liquidated damagesforsuch default, payment of said amount to be the joint and several obligation of the Bidder and the corporate su rety. A241373 2024-07 CPDPLADivl 1.7 rev. 07.24 BIDDER'S NAME: CAL VALLEY CONSTRUCTION INC. (Submit with Bid Proposal) CONTRACTOR'S LICENSE The undersigned Bidder holds a valid Class A_ California Contractor's License. The License Number is 873800 State of and was issued on 3/3/2006 Expiration date: 3/31/2026 Exp: 3/31/26 BUSINESS LICENSE K The undersigned bidder has a current City of Fresno Business License. License Number: 107528 If the successful bidderdoes not have City of Fresno Business license, he/she shall obtain such a license prior to the issuance of a Notice to Proceed for the Work and maintain in effect throughout the term of this Contract. DEPARTMENT OF INDUSTRIAL RELATIONS (DIR) Registration Number: 1000009471 and Expiration Date: _6/30/2025 Exp: 6/30/25 CALIFORNIA LABOR CODE SECTION 1777.5 PLEASE ANSWER YES OR NO: Was the undersigned Bidder in the last six months determined to have willfully failed to comply with the provisions of California Labor Code Section 1777.5 relating to apprentices on Public Works? YES NO A241373 2024-07 CPDPLADivi 1.8 rev. 07.24 F CONTRACTORS STATE LICENSE BOARI OContractor's License Detail for License # 873800 DISCLAIMER: A license status check provides information taken from the CSLB license database. Before relying on this information, you should be aware of the following limitations. o CSLB complaint disclosure is restricted bylaw (B&P 7124.6) If this entity is subject to public complaint disclosure click an link that will appear below for more information. Click here for a definition of disclosable actions 0 Only construction related civil judgments reported to CSLB are disclosed (B&P 707117) r Arbitrations are not listed unless the can tractor fails to comply with the terms. Due to workload, there maybe relevant information that has not yet been entered into the board's license database. Data current as of 10/9/2024 9:33:18 AM .,1�55� IilfOfni5iG0i CAL VALLEY CONSTRUCTION INC 5125 N GATES AVE STE #102 FRESNO, CA 93722-6414 Business Phone Number:(559) 274-0300 Entity Corporation Issue Date 03/03/2006 Expire Date 0313112026 This license is current and active. All information below should be rev i ewe d. A- GENERAL ENGINEERING L assirICB[lf:gs �cndniu Infunnailcn Contractor's Bond This license filed a Contractor's Bond with OLD REPUBLIC SURETY COMPANY. Bond Number: WCL1230447 Bond Amount: $25,000 Effective Date: 01/01/2023 Contractor's Bond History Bond of Qualifying Individual The qualifying individual MICHELLE ANNE AVILA certified that he/she owns 10 percent or more of the voting stock/membership interest of this company; therefore, the Bond of Qualifying Individual is not required. Effective Date: 03/03/2006 This license has workers compensation insurance with the ZU RICH AMERICAN INSURANCE COMPANY Policy Number:WC110087607 Effective Date: 03/01/2024 Expire Date: 03/01/2025 Workers' Compensation History BIDDER'S NAME: CAL VALLEY CONSTRUCTION INC. (Submitwith bid Proposal) LIST OF SUBCONTRACTORS Pursuantto the provisions of California Public Contract Code sections 4100 to 4113 inclusive, the undersigned hereby designates below, forthe Project, opposite various portions of work, the names, locations and license number of the places of business of each Subcontractor who will perform work or labor or renderservice to the Contractor in or aboutthe construction of the Work or improvement, or a subcontractor licensed by the State of California who, under su bcontractto the prime contractor, specially fabricates and installs a portion of the work or improvement according to detailed drawings contained in the plans and specifications, in an amountin excess of one-half of 1 percent of the prime contractor's total bid or, in the case of bids or offers for the construction of streets or highways, including bridges, in excess of one-half of 1 percent of the prime contractor's total bid or ten thousand dollars ($10,000), whichever is greater. All work not listed below shall be performed by the undersigned Bidder. It is understood that the Bidder, if awarded the Contract, shall not substitute any Subcontractor in place of the Subcontractors herein designated, or sublet or subcontract any of the work as to which a Subcontractoris not herein desig n ated, with o u t th e written con sentof the City. The sublettingorsubcontractingofany work for which there was no Su bcon tractor designated in the original bid may be permitted only in case of public emergency or necessity, and only after the City Council makes findings in a Resolution setting forth facts constituting the emergency or necessity. List one firm only for each portion of work. NAME AND LICENSE NUMBER LOCATION DIR WORK TO BE SUBLET REGISTRATION 5 r aver? f A),i f " .. •• Exp: 06/30/25 1. J Ex : 06/30/26 x� �t_- 7' b,,J e- 7o. .yam � U Ex : 06130/25 51'911 I � pw4,'_- Tf,-FFfc (�Ak Ex . 06/30/25 A241373 2024-07 CPDPLADivi 1.9 rev. 07.24 BIDDER'S NAME: CAL VALLEY CONSTRUCTIONN ENC. (Submit with Bid Proposal) LIST OF SUBCONTRACTORS Pursuant to the provisions of California Public Contract Code sections 4100 to 4113 inclusive, the undersigned hereby designates below, forth Project, opposite various portions of work, the names, locations and license number of the places of business of each Subcontractor who will perform work or labor or render service to the Contractor in or about the construction of the Work or improvement, or a subcontractor licensed by the State of California who, under subcontract to the prime contractor, specially fabricates and installs a portion of the work or improvement according to detailed drawings contained in the plans and specifications, in an amount in excess of one-half of 1 percent of the prime contractor's total bid or, in the case of bids or offers for the construction of streets or highways, including bridges, in excess of one-half of 1 percent of the prime contractor's total bid or ten thousand dollars ($10,000), whichever is greater. All work not listed below shall be performed by the undersigned Bidder. It is understood that the Bidder, if awarded the Contract, shall not substitute any Subcontractor in place of the Subcontractors herein designated, or subletor subcontract any of the work as to which a Subcontractoris not herein designated, with outthe written consentof the City. The sublettingorsubcontractingof any work for which there was no Subcontractor designated in the original bid maybe permitted only in case of public emergency or necessity, and only after the City Council makes findings in a Resolution setting forth facts constituting the emergency or necessity. List one firm on ly for each portion of work. NAME AND LICENSE NUMBER LOCATION WORK TO BE SUBLET 971:7 REGISTRATION # t ra 0q cre i2 19LOr Z25 Lr Exp. 06/30/26 �cWe 5 rµc l�,., ,6vvch. /l—C%a %c��� c� v[ 3 6 62- - Ex : 06/30/25 A241373 2024-07 CPDPLADivl 1.9 rev. 07.24 BIDDER'S NAME: CAL VALLEY CONSTRUCTION INC. SUBCONTRACTOR INFORMATION - DETAIL (To be submitted by the three lowest Bidders within one working day from the date of the bid opening.) Complete and attach as many sheets as necessary. Name of Project: SOUTHWEST FRESNO TRAIL -CALIFORNIA AVENUE TO WEST AVENUE Date bids were submitted: 10/8J2024 Subcontractor's Name: CHRISP COMPANY City FRESNO, CA Work to be performed on Project: PAVEMENT DELINEATION California State License No: 374600 Class: A Expiration Date: 5 31 202 Name of License Bonding Company: HARTFORD FIRE INSURANCE COMPANY Bond Number: 57BSBIA6781 Subcontractor's Name: ACE FENCE COMPANY City FRESNO, CA Work to be performed on Project: FENCING California State License No: 658680 Class: C13 Expiration Date: 11j3012026 Name of License Bonding Company: AMERICAN CONTRACTORS INDEMNITY COMPANY Bond Number: SC433630 Subcontractor's Name: TRUXELL & VALENTINO LANDSCAPE DEVELOPMENT INC. City FRESNO, CA Work to be performed on Project: LANDSCAPING California State License No: 480278 Class: A, C27 Expiration Date: 11f 30/2025 Name of License Bonding Company: AMERICAN CONTRACTORS INDEMNITY COMPANY Bond Number: SC1029712 Subcontractor's Name: SAFETY NETWORK INC City FRESNO, CA Work to be performed on Project: CONSTRUCTION AREA SIGNS, PARTIAL - TRAFFIC CONTROL California State License No: 787285 Class: C31, C-61 Expiration Date: 4 30 2026 Name of License Bonding Company: AMERICAN CONTRACTORS INDEMNITY COMPANY Bond Number: 201994 Signed OCTOBER 9th , 2024 Name of Bidder: CAL VALLEY CONSTRUCTION, INC. Contractor's License Number: 873800 SIGNED UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF CALIFORNIA BY: Name of Authorizes Signature: Date: 11 A241373 2024-07 CPDPLADivl 1.19 rev. 07.24 BIDDER'S NAME: CAI_ VALLEY CONSTRUCTION INC. SUBCONTRACTOR INFORMATION - DETAIL (To be submitted by the three lowest Bidders within one working day from the date of the bid opening.) Complete and attach as many sheets as necessary. Name of Project: SOUTHWEST FRESNO TRAIL - CALIFORNIA AVENUE TO WEST AVENUE Date bids were submitted: 10/8/2024 Subcontractor's Name: MADERA CONCRETE COMPANY, INC. City MADERA, CA Work to be performed on Project: CONCRETE California State License No: 983821 Class: C-8 Expiration Date: 8 31 2025 Name of License Bonding Company: AMERICAN CONTRACTORS INDEMNITY COMPANY Bond Number: 100354458 Subcontractor's Name: PACWEST CONSTRUCTION COMPANY City CHOWCHILLA, CA Work to be performed on Project: ELECTRICAL California State License No: 1047006 Class: A, C10, C-7 Expiration Date: 11 30 2024 Name of License Bonding Company: WESTERN SURETY COMPANY Bond Number: 66318852 Subcontractor's Name: Work to be performed on Project: California State License No: Expiration Date: Name of License Bonding Company: Bond Number: Subcontractor's Name: Work to be performed on Project: California State License No: Expiration Date: Name of License Bonding Company: Bond Number: Signed: OCTOBER 9th , 2024 Name of Bidder: CAL VALLEY CONSTRUCTION, INC. Contractor's License Number. 873800 City City Class: Class: SIGNED UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF CALIFORNIA BY: Name of Authorized Official: TORELLI; C.O.O. Signature: Date: -1011. A241373 2024-07 CPDPLADivI 1.19 rev. 07.24 BIDDER'S NAME: CALVALLEY CONSTRUCTION, INC. (Submit with Bid Proposal) CERTIFICATION The Bidder certifies under penalty of perjury under the laws of the State of California that its business or the corporation is not listed on the Comptroller General's list of ineligible bidders/con tractors. The above Certification is part of the Bid Proposal. Signing this Bid Proposal on the signature page thereof shall also constitute signature of this Certification. Bidders are cautioned that making a false certification may subject the certifier to criminal prosecution. A241373 2024-07 CPDPLADivl 1.10 rev. 07.24 BIDDER'S NAME: _CAL VALLEY CONSTRUCTION, INC. (Submit with Bid Proposal) NONCOLLUSION DECLARATION (23 U.S.C. 112; California Public Contract Code § 7106) The Bidder declares under penalty of perjury under the laws of the State of California all of the following paragraph is true and correct: The bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation. The bid is genuine and not collusive or sham. The Bidder has not directly or indirectly induced or solicited any other Bidderto put in a false or sham bid. The Bidder has not directly or indirectly colluded, conspired, connived, or agreed with any other Bidder or anyone else to put in a sham bid, or to refrain from bidding. The Bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conferencewith anyone to fix the bid price of the Bidder or any other Bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other Bidder. All statements contained in the Bid Proposal are true. The Bidder has not, directly or indirectly, submitted its bid price or any breakdown thereof, or the contents thereof, or divulged information ordata relative thereto, to anycorporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive orsham bid, and has not paid, and will not pay, any person or entity for such purpose. Any person executing this declaration on behalf ofthe Bidderthat is a corporation, partnersh ip,joint venture, limited liability company, limited liability partnership, or any other entity, hereby represents that he/she has full power to execute, and does execute, this declaration on behalf of the Bidder. The above Noncollusion Affidavit is part of the Bid Proposal. Signing this Bid Proposal on the signature page thereof shall also constitute signature of this Noncollusion Affidavit. Bidders are cautioned that making a false declaration may subject the certifier to criminal prosecution. A241373 2024-07 CPDPLADivl 1.11 rev. 07.24 BIDDER/APPLICANTS NAME: CAL VALLEY CONSTRUCTION,Ir (Submit with Bid/Application) LEVINE ACT DISCLOSURE STATEMENT California Government Code § 84308, commonly referred to as the "Levine Act," prohibits City Officers from participating in any action concerning a license, permit, other entitlement for use, franchise, or contract (collectively "license, permit, or contract") if they receive campaign contribution(s) from a party, or its agent(s), totaling more than $250 within the 12 months before the proceeding, while the proceeding is pending, and prohibits such campaign contributions for 12 months following the final decision in a proceeding. City Officers include City elected or appointed officers, their alternates, and any candidate for elective office. City Officers are listed at the following sites: City elected officers - htt s:llwww.fresno. ovlcit officials/ Board and Commissioners - htt s://www.fresno. ov/cit clerk/#boards-&-commission- aapplication Parties and Agents are responsible for reviewing and disclosing on the record of a proceeding their campaign contributions to City Officers over $250 in the prior 12 months. As a bidder/proposer you are a party to a proceeding underthe Levine Act, and required to provide information about campaign contributions to City Officers made by you, your agents on behalf of you or your organization, your organization subject to the proceeding with the City, and any organization you direct or control pursuant to the aggregation rules set forth by 1=PPC Rea. 18438.5, except for uncompensated officers of a nonprofit organization. You are responsible for reviewing the names of the City Officers at the links above prior to making the following disclosure: Have you or your company, or any agent on behalf of you or your company, or any organization you direct or control made campaign contributions of more than $250 to a City Officer in the 12 months preceding the date of the submission of your bid or proposal, or the anticipated date of any action by a City Officer related to this proceeding? YES: NO: If yes, please identify the City Officer(s) and date(s) of contribution in the space below: City Officer(s) Name(s) Date of Contribution(s) Do you, your company, or any participant or agent on behalf of you or your company, or any organization you direct or control anticipate or plan to make any campaign contributions of more than $250 to any City Officer in the 12 months following any action taken on this proceeding? YES: NO: !° If yes, please identify the City Officer(s) and anticipated date(s) of contribution in the space below: City Officer(s) Name(s) Date of Contribution(s) Answering yes to the question(s) above does not preclude the City of Fresno from awarding a license, permit, or contract to your entity or taking any subsequent action related to the said 2774180 BIDDER/APPLICANTS NAME: CAL VALLEY CONSTRUCTION,ING. (Submit with Bid/Application) license, permit, or contract. It does, however, preclude the identified City Officers from participating in any actions related to the license, permit, or contract. NOTICE: The disclosure duty under state law continues for 12 months after the award. You must submit a supplemental form if you make any new campaign contributions bringing your contributions over $250 to a City Officer(s) while the contract, license, permit, or other entitlement is being considered and for 12 months after the proceeding is completed (contract awarded, license granted, etc.). This form is a public record. Business OwnershiQ To facilitate compliance with the Levine Act, the City of Fresno requests bidders/proposers voluntarily disclose the ownership of their companies. Bidders will not be found non -responsive if they do not provide this information. CAL VALLEY CONSTRUCTION, INC. Name of Bidder/Proposer 5125 N. Gates Ave., #102, Fresno; CA 93722 Address List the names of all principals, partners, and/or trustees. For corporations, provide names of officers, directors, and all stockholders owning more than 10% equity interest in corporation: N/A I hereby certify under penalty of perjury under the laws of the State of California that the foregoing is true and correct. CAL VALLEY CONSTRUCTION. INC. _ Name of Business/Legal Entity TonyStgrelli Chief Operating f e Print Name anc[_Titlof AGthorized Representative Sig 10/8/2024 Date 2774180 f Term Covered "proceedings" Party Participant Agent Competitively Bid Labor Contract Personal Employment Contract BIDDER/APPLICANT'S NAME: CALVALLEY CONSTRUCTION, IAIC. (Submit with Bid/Application) LEVINE ACT QIS-CLOSURE STAIEMENT DEEJtJlJl0N9 Definition A proceeding to grant, deny, revoke, restrict, or modify a license, permit or other entitlement for use, that does not solely involve purely ministerial decisions and is: (1) Applied for by the party; (2) Formally or informally requested by the party; or (3) A contract between the agency and the party or a franchisee granted by the agency to the party, other than a contract that is competitively bid, a labor contract, or a personal employment contract. Any person who files an application for, or is the subject of, a proceeding involving a license, permit, or other entitlement for use. Any person who is not a party but who actively supports or opposes a particular decision in a proceeding involving a license, permit, or other entitlement for use and who has a financial interest in the decision. A person actively supports or opposes a particular decision in a proceeding if that person lobbies in person the officers or employees of the agency, testifies in person before the agency, or otherwise acts to influence officers of the en A person who represents a party or participant for compensation and appears before or otherwise communicates with the governmental agency for the purpose of influencing the pending proceeding. See FPPC Reg 18438.3 for exceptions for certain consultants. A contract required by law to be awarded to the lowest responsible bidder with a responsive bid, or, if the successful bidder refuses or fails to execute the contract, to the next lowest bidder with a responsive bid. Law FPPC Re . 18438.2 a Gov. Code 84308 a 1 Gov. Code 84308 a 2 FPPC Reg 18438.4 FPPC Reg 18438.3 FPPC Reg 18438.2(a)(3)(A) A contract or agreement reached through collective bargaining or with a representative group regarding the salary, benefits, or terms and conditions under an employment or retirement policy for employees FPPC Reg 18438.2 a 3 8 or retirees, including a project labor agreement entered under Public Contract Code Section 2500. A contract for employment, including the terms and conditions of employment, between the agency and an agency employee. A contract with an independent contractor is NOT a personal FPPC Reg_ 18438.2 a 3 C _ ❑ employment contract. Additional information on the Levine Act: httos://www.f c.ca. ovlcontent/dam/f c/NS- Documents/TAD/Cam ai n%20Documents/84308/Section%2084308%20and%2OParties%20a nd %20 Partici pa nts%20 G u i de.pdf 2774180 BIDDER'S NAME: CAL VALLEY CONSTRUCTION, INC. (Submit with Bid Proposal) CERTIFICATION FOR LOCAL PREFERENCE FOR: SOUTHWEST FRESNO TRAIL — CALIFORNIA AVENUE TO WEST AVENUE BID FILE NO. 12500364-12467 We certify that we qualify asa local business pursuanttoFresno Municipal Code Section 4-108(d), as revised. Location of Business: Primary Office j Please provide street address Branch Office[ ] (No PO Box) (Please mark as applicable) Address: 5125 N. GATES AVE., SUITE 102, FRESNO, CA 93722 Phone: 559-274-0300 And: The undersigned Bidderhereby declares under penalty of perjury underthe laws of the State of California thatthe information contained on this CERTIFICATION FOR LOCAL PREFERENCEis correct and complete. The above Certification is part of the Bid Proposal. Signing this Bid Proposal on the signature page thereof shall also constitute signature of this Certification. Bidders are cautioned that making a false certification may subject the certifier to criminal prosecution. ❑ Bidder will self -perform at least 30% of the contract amountwith residents of Fresno County v Not applicable. And: ❑ Bidder affirms at least 50% of the total value of the contract will be performed by either the Bidder or subcontractors meeting the local preference criteria. Not applicable. A241373 2024-07 CPDPLADivl 1.12 rev. 07.24 BIDDER'S NAME: CALVALLEYCONSTRUCTION, IN (Submit with Bid Proposal) UPDATE OF STATEMENT OF QUALIFICATIONS TO: Purchasing Manager, City of Fresno The undersigned Bidder filed with the Purchasing Manager of the City of Fresno a STATEMENT OF QUALIFICATIONS on DECEMBER 5th , 2023, The Statement is valid for one year and must be refiled after that time. In connection with the submission of a bid forthis project, it is desired to advise the City regarding any changes in the information contained in the STATEMENT and its schedules or attachments. The Contractor herebydeclares under penaltyof perjury underthe lawsof the State of California that the information contained in the STATEMENT OF QUALIFICATIONS (and its schedules and attachments) currently on file with the City of Fresno is correct and complete, except as stated below: (If the information is all correct and complete, state "No Change." Otherwise, indicate the portion of the STATEMENT involved and the nature of the change or correction. Attach additional sheets if necessary.) NO CHANGE The required "Subcontractor Information - Detail sheet will be filed with the Purchasing Manager within one working day following the opening of bids, provided the undersigned Contractor is the apparent low, second low, orthird low Bidder. The above Statement is part of the Bid Proposal. Signing this Bid Proposal on the signature page thereof shall also constitute signature of this Statement. Bidders are cautioned that making a false declaration may subject the certifier to criminal prosecution. A241373 2024-07 CPDPLADivi 1.13 rev. 07.24 BIDDER'S NAME: CAI_ VALFY rnNSTRUcTia, iNc. (Submit with Bid Proposal) CITY OF FRESNO FINANCE DEPARTMENT ACCOUNTS PAYABLE SECTION AUTHORIZATION AGREEMENT FOR DIRECT PAYMENTS (ACH PAYMENTS) Company Contact Email Name CAL -VALLEY CONSTRUCTION, INC. Address estimating@calvaIleyconstruction.com (Required) Contact Name TONY STOREI.L.I Telephone Number 559-274-0300 The City of Fresno, Finance Department, (FINANCE DEPARTMENT), is authorized to initiate credit entries to the company above, (COMPANY), in the account below atthe depository financial institution named below, (DEPOSITORY), and to credit the same to such account. COMPANY acknowledges that the origination of ACH transactions to its account must comply with the provisions of U.S. law. Depository Name City Routing Number Branch State Zip Code Account N u mber ACH Authorization Agreement Form already on file with City. This authorization is to remain in full force and effect until the FINANCE DEPARTMENT has received written notification of its termination. The FINANCE DEPARTMENT and DEPOSITORY have a reasonable time to process the termination. Name(s) Signatur4 Title CHIEF OPERATING OFFICER Date 10/8/2024 A241373 2024-07 CPDPLADivI 1.14 rev. 07.24 BIDDER'S NAME: cm vAi I FY cnNSTRucTInN, INC. (Submit with Bid Proposal) Addendum A AGREEMENT TO BE BOUND [Date] [Addressee] [Address] Re: City of Fresno Community Workforce Agreement Agreement to be Bound Dear The undersigned confirms that it agrees to be a party to and bound by the City of Fresno Community Workforce Agreement ("Agreement') as such Agreement may, from time to time, be amended by the parties or interpreted pursuantto its terms. By executing this Agreement to be Bound, the undersigned subscribes to, adopts and agrees to be bound by the written terms of the legally established trust fund documents as set forth in Section 10.1 of the Agreement, as they may from time to time be amended, specifying the detailed basis upon which contributions are to be made into, and benefits made out of, such trust funds, and ratifies and accepts the trustees appointed by the parties to such trust funds. The undersigned agrees to execute a separate subscription agreement(s) for such trust funds when such trustfund(s) require(s) such document(s). The obligation to be a party to and bound by the Agreement shall extend to all work covered by the Agreement undertaken by the undersigned. The undersigned shall require all of its subcontractors, of whatevertier, to become similarly bound for all their work within the scope of the Agreement by signing an identical Agreement to be Bound. This letter shall constitute a subscription agreement, to the extent of the terms of the letter. CONTRACTOR/SUBCONTRACTOR: _ CAL VALLEY CONSTRUCTION INC. California Contractor State License No. or Motor carrier (CA) Permit No.: 873800 Name of Authorized Person (print): TONY STORELLI SignereAAuthriz Person: Tieizeedd Person: CHIEF OPERATFntG OFFICER Telephone Number of Authorized Person: 559-274-0300 Address of Authorized Person: 5125 N. GATES AVE., #102, FRESNO, CA 93722 State Public Works Registration Number: 1000009471 A241373 2024-07 CPDPLADivl 1.15 rev. 07.24 BIDDER'S NAME: CAL VALLEY CONSTRUCTION. INC. (Submit with Bid Proposal) SIGNATURE PAGE By my signature on this Bid Proposal I certify, under penalty of perjury under the laws of the State of California, that the foregoing statements, pages 1.1 through 1.15, and those contained herein are true and correct. BID SUBMITTED BY: (Please follow the instructions for each line, as explained below.) (1) CAL VALLEY CONSTRUCTION, INC. _ _ _ _ (559 ) 274-0300 559 274-0311 Bidding Firm Phone Fax (2) Corp: State of Incorporation: a California Corporation [� Individual [_] Partner LI Other: (3) 5125 N. GATES AVE., #102 Business Address FRESNO CA 93722 City Zip Code (4) By Sign` utho ' ed Person TONY STORELLI; C.O.C. Type or Print Name of Authorized Person and Title Federal Tax I.D. No.: 20-2403031 Date: 10/8/2024 A241373 2024-07 CPDPLADivl 1.16 rev. 07.24 BIDDER'S NAME: CAL VALLEY CONSTRUCTION, INC. (Submit with Bid Proposal) INSTRUCTIONS FOR SIGNATURE PAGE LINE 1: The name of the Bidder must be the same as that underwhich a license is issued, if a license is required. If the Bidder is a corporation, enterthe exact name of the corporation under which it is incorporated; if Bidder is an individual, enter name; if Bidder is an individual operating undera trade name, enter name and dba (trade name in full); if a partnership, enter the correct trade style of the partnership; ifa jointventure, enterexact names of entities joining in the venture. LINE 2: Identifyherethe characterof the nameshown under(1), i.e., corporation (includingstate of incorporation), individual, partnership, orjoint venture. LINE 3: Enterthe address to which all communications and notices regarding the Bid Proposal and any Contractawarded thereunderare to be addressed. LINE 4: (a) If the Bidder is a corporation, the Bid Proposal must be signed by an officer or employee authorized to sign Contracts on behalf of the corporation evidenced by inclusion of one of the following certified bythe secretary of the corporation, authorizing the officer or employee to sign contracts (sample certification attached): a copy of the Articles of Incorporation, a copy of the Bylaws, a copy of the Board Resolution or Minutes. (b)lf Bidder is an individual, he/she mustsign the Bid Proposal, or if the Bid Proposal is signed by an employee or agent on behalf of the Bidder, a copy of a power of attorney must be on file with the City of Fresno priorto the time setforthe opening of the bids or must be submitted with the Bid Proposal. (c) If the Bidder is a partnership, the Bid Proposal must be signed by all general partners; or by a general partner(s) authorized to sign Contracts on behalf of the partnership evidenced by inclusion of either a copy of the Partnership Agreement or a recorded Statement of Partnership. (d) If the Bidder isa joint ventu re,th e Bid Proposal must be signed by all jointventurers; or by a joint venture(s) authorized to sign Contracts on behalf of the joint venture evidenced by inclusion of either a copy of the Joint Venture Agreement or a recorded Statement of Joint Venture; and if the joint venture(s) is a corporation or a partnership signing on behalf of the Joint Venture, then Paragraphs (a) and (c) above apply respectively. Where Bidderis a partnership or a corporation, the names of all other general partners, or the names of the president and secretary of the corporation, and their business addresses must be typewritten below: NAME ADDRESS. MICHELLE AVILA; PRESIDENT & C.F.O. 5125 N. GATES AVE., #102, FRESNO, CA 93722 JOHN AVILA; VICE PRESIDENT 5125 N. GATES AVE. #102 FRESNO. CA 93722 TONY STORELLI; C.O.O. 5125 N. GATES AVE.. #102 FRESNO CA 93722 NOTE: All addresses must be complete with street number, City, State and Zip Code. BRANDEN BRUECKNER; SECRETARY 5125 N. GATES AVE., #102, FRESNO, CA 93722 A241373 2024-07 CPDPLADivl 1.17 rev. 07.24 ACTION OF SHAREHOLDERS AND DIRECTORS OF CAL VALLEY CONSTRUCTION, INC. WITHOUT MEETING Consent to Action. The undersigned, Michelle Avila, John Avila, Tony Storelli and Branden Brueckner as Shareholders of Cal Valley Construction, Inc. (the "Corporation") and Michelle Avila and John Avila as Directors of the Corporation, by this writing take the following actions for the Corporation without a meeting in accordance with Sections 2.10 and 3.13 of the bylaws of the Corporation. 1. Amendment of Bylaws. The Shareholders hereby amend Section 3.2 of the Bylaws to authorize three directors. 2. Election of Directors. The undersigned Shareholders hereby elect Michelle Avila, John Avila, and Tony Storelli to be the Directors of the Corporation. 3. Apnaintment of Officers. The undersigned Directors hereby appoint Michelle Avila as President and Chief Financial Officer, John Avila as Vice President, Tony Storelli as Chief Operating Officer, and Branden Brueckner as Secretary of the Corporation. 4. Authorized Signors. The undersigned Shareholders are hereby authorized to sign on behalf of the Corporation any contracts or forms for public or private bid documents. Effective Date. The actions of the Shareholders and Directors herein are effective as of January 1, 2023. Signed this 16'h day of Janugj , 2023 . Avila, S*eholdpj nd Director Avila, Shage-and Director i, ,Shagliolder and Director Bratiden Brueckner, Shareholder AMB'#: 012559 RATING: A+ NAIC #: 11551 CA ID #: 5082-3 Document A310 TM - 2010 Conforms with The American Institute of Architects AIA Document 310 Bid Bond CONTRACTOR: (,chine, legal stater.►• and addreva) Cal Valley Construction, Inc. 5125 N. Gates Avenue, Suite 102 Fresno, CA 93722 OWNER: (,vame, legal stains and address) City of Fresno 2600 Fresno Street Fresno, CA 93721 SURETY: (Xinne, ftal mirlies and piincipal place if hininexr) Endurance Assurance Corporation 12890 Lebanon Road Mount Juliet, TN 37122-2870 Mailing Address for Notices Endurance Assurance Corporation 12890 Lebanon Road Mount Juliet, TN 37122-2870 BOND AMOUNT: $ Ten Percent of Bid Amount (10%) PROJECT: 01ante, location or address, and Project inanher, ljaiv j SOUTHWEST FRESNO TRAIL — CALIFORNIA AVENUE TO WEST AVENUE BID FILE NUMBER: 12500364-12467 This document has Important legal consequences, Consultation with an attorney is encouraged with respect to Its completion or modification. Any singular reference to Contractor, Surety, Owneror other party shall be considered plural where applicable. Tlie Contractor and Surety arc bound to the 0wncr in the aInoittit set forth above, for slie payntciit of ►vilic11 the Cos itracto r ail d Surety bind Ilielliscivcs, their Itcirs, oxcciitors, adill i Ili 91 rators, sIIccossors ail assig its, joilit ly alid severally, as provided 11areiit. The colldiiiolls of II$is Bond arc suall 11tat if I[%a Owiler accepts ilie bid of Iles Contractor ►► ill' i11 the time specified in the bid documents, of within such time period as stay ba agreed to by ilie Owl ter and Contra clot, and tIto Colisruclor citit ar(I )antets into a contract with the 0wneriII accordance with I ie terinsof such bid, and gives such bond or bonds as Iitay be specified ill the blddinS arCoil Iracl Docnnleill 5, ►vitII a s u roty ad in i tted in ilic jurisdielion of the Project atld ather►L'ise acceptable to liteOwiter, for IIiefai111fl11 perfo tilt once of shell Coil Itoct acid for the protupt pays ncni of labor alld Iwoe 6al. fslnnshed iit Ili prosectltiait IIicrcof; or (2) pays to Ilse 0%vner 1[ie ditTcrence, nol to exceed Ili eamoss lst of this Bold, between the ainoil lit specified its soil bid and such larger amoisIIt for ►e[)icli the Owner play in good faith contract uritit another purly td l-CT i+rill 111e ►vtlrk covered by Suid bid, than (it is obi iguiinu shun bu null tend void, otse"visa to realm, in lint Ibmt; and eMims,'Ttsa Surely Isert:by wuives any still lcn of all ugrumletlt bet►Vea11 llle owilerand Con tr actor Iit rxiclid the lilile ill wlilcIs file Owner tituy swept Ili bid. Wuiverol'tit lice -by Ilse Surely. sbutI doe upply I ally ex ltss4itnI exceeding sixty (60) days in Hit uggregatc ho3mind life line for nccepiance ol'bids specified in life: bid docusneats, and list O►vnur used GmtruChli' slmll obtuin lile5ureiy1xcunsen1 litrun exltnxion beyond sixty (60) days. Ifthis Bond is issued in connection ► ill It subcontractoes bid to a Contractor, the term Contractor in this Bond shall be deemed to be Subcontractor and the tcmt 0%vner shall be dceincd to be Contractor. Wisen Iltis Tlond has been 11smished In t omply ► ilb a xtututury or other legal rcituirement in tie ltieut'son ul'lhe Prujeal: ulty pnsvixion in this 1341Itd tnillliclilil; ►wills staid statutory nr legal reyuirenicsll sltull be deemed deleted Iserel'rtim and prilvistiuns eunlilmling tel such slululury or other legal requirement shall be decided ilscoriximted herein. Wlitd xo titrnishtd, lilt inttdt is Iltnl Ihi0ond skull bt construed as u salinity blind and not us u Coni awn I u w blind. Signed and scaled this 17th day of September, 2024 Cal Valley Construction, Inc. !Pr•inclpal) BEI (li'lle) T NYS .)1-i LL[,, t��0,0 Endurance Assurance Corporation (,Surety) l,5ca$ (IPlnrassy By, fTfrle)Kim Wilson, Attorney -in -Fact Surety Phone No. 628-242-1624 S-0054/AS 8110 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT Civil Code § 1199 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California ) ss County of Fresno On (. f �� 7(n V , before me, Bonnie Gonzalez Notary Public personally appearec} Kim Wilson, who proved to me on the basis of satisfactory evidence to be the person{-) whose name{-} is�a� subscribed to the within instrument and acknowledged to me that 4e/she/t4W executed the same in #+s/her/theif authorized capacity{ie-}, and that by Ja+s/her/th-e+ signature�4 on the instrument the person{-}, or the entity upon behalf of which the person{-} acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. r BONNIE GONZALEZ NOTARY PUBLIC - CALIFORNIA COMMISSION # 2368139 FRESNO COUN27 2025 My Comm. ExP. Y (Seal) Signature. r i, yICO v Bonni Gonzalez, Notary Pu I c SOMPO INTERNATIONAL POWER OF ATTORNEY KNOW ALL BY THESE PRESENTS, that Endurance Assurance Carporatlon, a Delaware corporation ('EAC'), Endurance American Insurance Company, a Delaware corporation ('EAIC'), Lox on Insurance Company, a Texas corparallon ('LIC'), andfor Bond Safeguard Insurance Company, a South Dakota corpdrafien ('B51C'), each, a'Company' and collective ly, 'So mpo International," do hereby constitute and appoint: Steven P. Edwards, Lyn Gart ito, Kim Wilson, Bonnie Gonzalez as true and lawful Attorney (s)•In-Fact to make, execute, seal, and deliver for, and on its behalf as surety or co -surety; bonds and undertakings given for any and all purposes, also to execute and deliver on its behalf as aforesaid renewals, extensions, agreements, waivers• consents or slipulatlons relating to such bonds or undertakings provided, however, that no single bond or undertaking so made. executed and delivered shall obligate the Company for any portion of the penal sum thereof in excess of [he sum of One Hundred MIIIto11Dollars ($100,o00,000.00). Such bonds and undertakings for said purposes, when duly executed by said attorney(s)-in-fact, shall be binding upon the Company as fully and to the same extent as if signed by the President of the Company under its corporate seal attested by its Corporate Secretary. This appointment is made under and by authority of certain resolutions adopted by the board of directors or each Company by unanimous written consent effective the 30'l day of March, 2023 for BSIC and LIC and the 17l day of May, 2023 for EAC and EAIC, a copy of which appears below under the heading entitled "Certificate'. This Power of Attorney is signed and sealed by facsimile under and by authority of the following resolution adopted by the board of directors of each Company by unanimous written consent effective the 301h day of March, 2023 for BSIC and LIC and the 1701 day of May, 2023 for EAC and EAIC and said resolution has not since been revoked, amended or repealed: RESOLVED, that the signature of an individual named above and the seal of the Company may be affixed to any such power of attorney or any certificate relating thereto by facsimile• and any such power of attorney or certificate bearing such facsimile signature or seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached. IN WITNESS WHEREOF, each Company has caused this instrument to be signed by the following officers, and its corporate seal to be affixed this 25th day of May, 2023. Endurance Assurance Corporation Richard Appel; �%VA-&,§en iorCounsat Richard suranc�''•.. �cG9, �P OIyT �:-CO' s . SEAL ' v i 2002 ° i�-. DELAWARE : yj Endurance American Insurance Company SEAL ' 1996 Lexon Insurance Company Richard Appel; Senior Counsel aS oRP -NC4 eo SEArL r •�F T4 :-.. ae � 4 ACKNOWLEDGEMENT Bond Safeguard Y Insurance Company By: - 1'•� i Richard AppiSVrP 8 Se>arCourisel ra : A W. SOUTH r DAKOTA 4 INSURANCE } roraPANY A Y On this 25th day of May, 2023, before me, personally came the above signatories known to me, who being duly sworn, did depose and say that hellt oyll�qh ofpcer of each of the Companies; and that he executed said instrument on behalf of each Company by authority of his offr under th by we of each Company;,. �..• . v ' wmt By: Amy aytor, Not Public My Commissi n Lgpires 3/k7o _' CERTIFICATE I, the undersigned Officer of each Company, DO HEREBY CERTIFY that: 1. That the original power of attorney of which the foregoing is a copy was duly executed on behalf of each Company and has not since been revoked amended or modified; that the undersigned has compared the foregoing copy thereof with the original power of attorney, and that the same is a true and correct copy of the original power of attorney and of the whole thereof. 2. The following are resolutions which were adopted by the board of directors of each Company by unanimous written consent effective 30"' day of March, 2023 for BSIC and LIC and the 171°' day of May, 2023 for EAC and EAIC and said resolutions have not since been revoked, amended or modified: 'RESOLVED, that each of the individuals named below is authorized to make, execute, seal and deliver for and on behalf of the Company any and all bonds, undertakings or obligations in surety or co -surety with others: RICHARD M. APPEL, MATTHEW E. CURRAN, MARGARET HYLAND, SHARON L. SIMS, CHRISTOPHER L. SPARRO, and be it further RESOLVED, that each of the individuals named above is authorized to appoint attorneys -in -fact for the purpose of making, executing, sealing and delivering bonds, undertakings or obligations in surety or co -surety for and on behalf of the Company." 3. The undersigned further certifies that the above resolutions are true and correct copies of the resolutions as so recorded and of the whole thereof. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the corporate seal this �_ day of t'D 24 By: Srfe, reaDam. N TICE' S. TREASURY 1DEPAR ENT'S OFFICE OF FnEiGN ASSE CONTR L F C No coverage is provided by this Notice nor can it be construed to replace any provisions of any surety bond or other surety coverage provided. This Notice provides information concerning possible impact on your surety coverage due to directives issued by OFAC. Please read this Notice carefully. The Office of Foreign Assets Control (OFAC) administers and enforces sanctions policy based on PresidanUal declarations of "national emergency'. OFAC has identified and listed numerous foreign agents• front organizations, terrorists, lerrodst organizations, and narcotics traffickers as'Specially Designated Nationals and Blocked Persons". This list can be located on the Unl[ed States Treasury's website— -: . ", - .: In aocordance with OFAC regulations• if it is determined that you or any other person or, entity clalming the benefits of any coverage has violated U,S. sanctions law or is a Specially Designated National and Blocked Person, as ldentifred by OFAC, any coverage will be considered a blocked or frozen corilractand all provisions of any coverage provided are immediately sub*t to OFAC. When a surety Fond or other form of surety coverage is considered to be such a blocked or frozen contract, no payments nor premium refunds may be made without authorization from OFAC. Other tirnite[ions on the premnrms and payments may also apply. Any reproductions are void. Surety Claims Submission: '_ _r_: _r , r.-.ti: •t_!i„ii+„ , r _iii.>u ri :_r firs ? u�tl .�trt Telephone: 615-553-9500 Mailing Address: Sompo International; 12890 Lebanon Road; Mount Juliet, TN 37122-2870 CITY OF GENERAL SERVICES DEPARTMENT ADDENDUM NO. 1 Brian Barr, Director 2101 G. Street, Building A Fresno, CA 93706 www.fresno.gov SOUTHWEST FRESNO TRAIL- CALIFORNIA AVENUE TO WEST AVENUE BID FILE NUMBER: 12500364 NOTICE TO ALL BIDDERS This Addendum is attached to and made a part of the above entitled specifications for the City of Fresno with a scheduled bid opening of 3:00 P.M. OCTOBER 1 2024. All changes and or clarifications will appear in bold underlined type. UPDATE FROM THE CITY OF FRESNO The attached "LEVINE ACT DISCLOSURE STATEMENT" form must be filled out and returned with your bid submission. City of Fresno •t SANDRA GAMEZ Purchasing Supervisor The bidder shall sign below indicating ]she has thoroughly read and understands the contents of this Addendum . Signed. TO OR LLI; C. Company: CALVALE NSTRUCTION INC. This addendum is being distributed ONLINE only and will not be sent by U.S. Mail. The bidder shall submit a signed copy of this addendum with their bid. Addenda to date: 1 September 13, 2024 Bid File No 12500364 Dly a! reQICL% IIIlrllllr Ik=_ � =:: V, d� CAPITAL PROJECTS DEPARTMENT Capital Projects Department Randall W. Morrison, P.E., PMP, MCE 747 R Street, 2nd Floor Capital Projects Director Fresno, California 93721 Ph. (559) 621-8650 FAX (559) 488-1045 www.fresno.gov CITY OF FRESNO —ADDENDUM NO.2 SOUTHWEST FRESNO TRAIL-CALIFORNIA AVENUE TO WEST AVENUE BID FILE NUMBER: 12500364-12467 NOTICE TO ALL BIDDERS This addendum is attached to and made part of the above -entitled plans and specifications for the City of Fresno with a bid opening date of October 1, 2024. PLANS AND/OR SPECIFICATIONS The following changes below will be apart of and subject to provisions of the project plans and/or specifications. The bidder is responsible for recognizing changes to the Bid Proposal as called for on this addendum and shall submit a signed copy of Addendum No. 2 with the Bid Proposal. CONTRACT DOCUMENTS PLANS AND/OR SPECIFICATIONS: 1. THE BID OPENING HAS BEEN CHANGED TO 3 P.M. ON TUESDAY, OCTOBER 8, 2024. 5_7aaf� Sc eh m, P , QS D Assistant Director, Capital Projects Department Sept. 24, 2024 Date The biddershall sign below indicating he/she hasthoroughly read and understandsthe contents of Addendum No. 2. Signed: 10/8/2024 TONY 0 ELLI; C.O ❑. Date PWO0849 Addendum 2 City of 9—W1k pie OVA' ► CAPITAL PROJECTS DEPARTMENT Capital Projects Department Randall W. Morrison, P.E., PMP, MCE 747 R Street, 2nd Floor Capital Projects Director Fresno, California 93721 Ph. (559) 621-8650 FAX (559) 488-1045 www.fresno.gov CITY OF FRESNO —ADDENDUM NO.3 SOUTHWEST FRESNO TRAIL-CALIFORNIA AVENUE TO WEST AVENUE BID FILE NUMBER: 12500364-12467 NOTICE TO ALL BIDDERS This addendum is attached to and made part of the above -entitled plans and specifications for the City of Fresno with a bid opening date of October 8, 2024. PLANS AND/OR SPECIFICATIONS The following changes below will be a partof and subjectto provisions of the project plansand/or specifications. The bidder is responsible for recognizing changes to the Bid Proposal as called for on this addendum and shall submit a signed copy of Addendum No. 3 with the Bid Proposal. CONTRACT DOCUMENTS. PLANS AND/OR SPECIFICATIONS: 1. Response to Submitted Written Bid Questions a) Question 1: Planting Plan 1 through 4 shows some trees are in DG and in hydroseeded area. Please advise if the contractor put mulch in basin around these trees in DG & hydroseeded area? Response: In decomposed granite area, use uncompacted decomposed granite as mulch. Hand tamp DG within 4' of the tree trunk (See City Standard Detail P-8, referenced on plans). Within hydroseeded area, see detail 2 on Page No. 15-E-13889 (Addendum No. 3). b) Question 2: Does the contractor need to do soil preparation for hydroseeded area? Response: No special soil preparation is required beyond any earthwork requirements. Hydroseed mix is to contain wood mulch, fertilizer, seed mixture, and mulch binderas described in the City Standard Specification Section 26-2.7. 3. Reference Division I — Bid Proposal page 1.3: Remove and replace with attached page 1.3 (Addendum No. 3) which adds Bid Item No. 39 — Roadway and Trail Import (F). 4. Add Geotechnical Engineering Report as Division X Pages 10.0 (Addendum No. 3) through 10.40 (Addendum No. 3) added to the Specifications. Remove and replace the Specifications Table of Contents with attached Table of Contents (Addendum No. 3), which includes the addition of Division X. S. Modifications to Plan Sheet No. 15-E-13867 through 15-E-13894, and 4-E-3802 through 4-E-3811: Remove and Replace Plan Sheet Nos. 15-E-13867 through 15-E-13894, and 4-E- 3802 through 4-E-3811 entirelywith Drawing Sheets Nos. 15-E-13867 (Addendum No. 3) through 15-E-13894 (Addendum No. 3), and 4-E-3802 (Addendum No. 3) through 4-E-3811 (Addendum No. 3) which include approved signatures. Oct. 3 2024 Sehm, , Q S D Date Assistant Director, Capital Projects Department The bidder shall sign below indicating he/she has thoroughly read and understands the contents of Addendum No. 3. Signed: 10/8/2024 TONY STO ELLI; a.0. Date Attachments: ® Division I —Table of Contents (Addendum No. 3) Division I — Notice Inviting Bids page i (Addendum No. 3) Division I— Bid Proposal page 1.3 (Addendum No. 3) Division VI— Technical Specifications Pages 6.12 (Addendu m No. 3) and 6.18 (Addendum No. 3) Division X — Geotechnical Engineering Report Pages 10.0 (Addendum No. 3) through 10.40 (Addendum No. 3) o Plan Sheet Nos. 15-E-13867 (Addendum No. 3) through 15-E-13894 (Addendum No. 3), and 4-E-3802 (Addendum No. 3) through 4-E-3811 (Addendum No.3) E