CITY OF MARYSVILLE
CONTRACT NO. 26-01
BINNEY JUNCTION SEWER MAIN RELOCATION PROJECT
Page C-1 of C-4
CONTRACT
FOR THE CONSTRUCTION OF
BINNEY JUNCTION SEWER MAIN RELOCATION PROJECT
CONTRACT NO. 26-01
THIS AGREEMENT, made and concluded this day of 2026, between the City of Marysville, party of the first part, and Newland Entities Inc., Contractor, party of the second part.
ARTICLE I. – WITNESSETH, that for and in consideration of the payments and agreements hereinafter mentioned to be made and performed by the said party of the first part under the conditions expressed in the two bonds bearing even date with these presents and hereunto annexed, the said party of the second part agrees with the said party of the first part, at his own proper cost and expense, to do all the work and furnish all the materials, except such as are mentioned in the specifications to be furnished by said party of the first part, necessary to construct and complete in a good, workmanlike and substantial manner and to the satisfaction of the Public Works Department, construction on various roads, all in accordance with the Special Provisions hereto annexed and also in accordance with the Standard Specifications of the State of California Department of Transportation dated 2023, the Standard Plans dated 2023, the “Labor Surcharge” and “Equipment Rental Rates” in effect on the date the work is accomplished, and the “General Prevailing Wage Rates” of the State of California Department of Transportation, which said Special Provisions, Standard Plans, Standard Specifications are hereby specially referred to and by such reference made a part hereof.
The Special Provisions for the work to be done are dated 06/17/2026 and are entitled:
NOTICE TO CONTRACTORS
SPECIAL PROVISIONS
PROPOSAL
AND CONTRACT
FOR
BINNEY JUNCTION SEWER MAIN RELOCATION PROJECT
CONTRACT NO. 26-01
The Project plans for the work to be done are dated 06/17/2026 and are entitled:
BINNEY JUNCTION SEWER MAIN RELOCATION PROJECT
Both of which are hereby made part of this contract along with Addendum No. 1 dated July 13, 2026, and Addendum No. 2 dated July 14,2026, issued during bidding.
BINNEY JUNCTION SEWER MAIN RELOCATION PROJECT
CONTRACT NO. 26-01
Payment Bond
ARTICLE II. – The said Contractor agrees to receive and accept the following prices as full compensation for furnishing all materials and for doing all the work contemplated and embraced in this Agreement; also for all loss or damage arising out of the nature of the work aforesaid, or from the action of the elements, or from any unforeseen difficulties or obstructions which may arise or be encountered in the prosecution of the work until its acceptance by the City of Marysville and for all risks of every description connected with the work; also for all expenses incurred by or in consequence of the suspension or discontinuance of work and for well and faithfully completing the work, and the whole thereof, in the manner and according to the plans and specifications and the requirements of the Engineer under them, to wit.
ARTICLE III. – The said party of the first part hereby promises and agrees with the said Contractor to employ, and does hereby employ, the said Contractor to provide the materials and to do the work according to the terms and conditions herein contained and referred to, for the prices hereinafter set forth, and hereby contracts to pay the same at the time, in the manner and upon the conditions above set forth; and the said parties for themselves, their heirs, executors, administrators, successors and assigns, do hereby agree to the full performance of the covenants herein contained.
ARTICLE IV. – By my signature hereunder, as Contractor, I certify that I am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for Workers 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 the work of this contract.
ARTICLE V. – It is further expressly agreed by and between the parties hereto that should there be any conflict between the terms of this instrument and the bid or proposal of said Contractor, then this instrument shall control and nothing herein shall be considered as an acceptance of the said terms of said proposal conflicting herewith.
ARTICLE VI. – The City of Marysville hereby employs Contractor to provide material and to do the work according to the terms and conditions herein contained and referred to for the following prices to be paid at the time, in the manner and upon the conditions hereinafter set forth.
ARTICLE VII. – The improvement contemplated in the performance of this contract is an improvement over which the City of Marysville shall exercise general supervision.
ARTICLE VIII. – The statement of prevailing wages appearing in the General Prevailing Wage Rates is hereby specifically referred to and by this reference is made a part of this contract. It is further expressly agreed, by and between the terms of this instrument and the bid or proposal of said Contractor, that this instrument shall control and nothing herein shall be considered as an acceptance of the said terms of said proposal conflicting herewith.
CITY OF MARYSVILLE
CONTRACT NO. 26-01
BINNEY JUNCTION SEWER MAIN RELOCATION PROJECT
Page C-3 of C-4
Approved as to legal form:
City Attorney
City of Marysville
CITY OF MARYSVILLE
Jim Schaad
City Manager
Date
CONTRACTOR
Company Name
Company Address
Phone Number
Signature
Name (Printed)
Title
Date
BINNEY JUNCTION SEWER MAIN RELOCATION PROJECT
CONTRACT NO. 26-01
Payment Bond
BID ITEM LIST
Bid Schedule A (Sewer Main Relocation)
1 Mobilization/Demobilization 1 LS $59,920.00 $59,920.00 2 Traffic Control 1 LS $42,200.00 $42,200.00
3 UPRR permit Compliance Including
Required Insurance, Flagging, Monitoring
& Coordination
1 LS $38,700.00 $38,700.00
4 Pothole and verify existing utility
crossings
1 LS $36,400.00 $36,400.00
5 Connect to Existing Sewer Main 2 EA $5,400.00 $10,800.00 6 Connect to Existing Sewer Lateral 3 EA $5,400.00 $16,200.00 7 Modify Existing 24" Storm Drain Pipe for
crossing until Storm Drain is removed
4 EA $4,600.00 $18,400.00
8 Install new Sanitary Sewer Manhole 10 EA $13,400.00 $134,000.00 9 8 Inch SDR-26 PVC Pipe 1,400 LF $249.00 $348,600.00
10 8 Inch C-900 PVC Pipe with Restrained
Joints
160 LF $155.00 $24,800.00
11 Type "A" Trench Restoration (Pavement) 1,100 LF $71.00 $78,100.00 12 Type "A" Trench Restoration (Curb,
Gutter, & Sidewalk Including ADA Ramp)
240 LF $160.00 $38,400.00
13 Bore and Jack 24" steel Casing for sewer
main
160 LF $952.00 $152,320.00
14 Abandon existing sewer main in place 1,052 LF $48.00 $50,496.00 15 Water Pollution Control Plan with
installation and maintenance of BMPs
1 LS $15,200.00 $15,200.00
Total Bid Schedule A = $1,064,536.00
BINNEY JUNCTION SEWER MAIN RELOCATION PROJECT
CONTRACT NO. 26-.01
Faithful Performance Bond
CITY OF MARYSVILLE
PUBLIC WORKS DEPARTMENT
FAITHFUL PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS: that, WHEREAS, the City Council of the City of Marysville, CA (“Obligee or City”), Yuba County, State of California, has awarded to , hereinafter designated as the "Principal," a Contract, the terms and provisions of which Contract are incorporated herein by reference, for constructing the City of Marysville BINNEY JUNCTION SEWER MAIN RELOCATION PROJECT, Contract No. 26-01, and
WHEREAS, said Principal is required under the terms of said Contract to furnish a bond for the faithful performance of said Contract;
NOW, THEREFORE, we the Principal, and , as Surety, are held and firmly bound unto the City of Marysville, CA, Yuba County, CA, in the penal sum of:
($ ), lawful money of the
United States, being one hundred percent (100%) of the Contract amount, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH, THAT, if the above bounden Contractor, its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions, and agreements in the Contract and any alterations thereof made as therein provided, on its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the Agency, its directors, officers, employees and agents, as therein stipulated, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect.
As a condition precedent to the satisfactory completion of the said Contract, the above obligation in above-stated amount shall hold good for a period of one (1) year after the recording of the notice of completion, during which time if the Contractor, its heirs, executors, administrators, successors or assigns shall fail to make full, complete, and satisfactory repair and replacements or totally protect the Agency from loss or damage made evident during the period of one (1) year from the date of recording of the notice of completion, and resulting from or caused by defective materials or faulty workmanship in the prosecution of the work done, the above obligation in the above-stated amount shall remain in full force and effect. However, anything in this paragraph to the contrary notwithstanding, the obligation of the Surety hereunder shall continue so long as any obligation of the Contractor remains.
The Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract or to the work to be performed thereunder or the specifications accompanying the same shall, in any way, affect its obligations on this bond and it does hereby waive notice of any such change, extension of time, alteration, or addition to the terms of the Contract or to the work or to the specifications. The Surety hereby waives the provisions of Sections 2819 and 2845 of the Civil Code of the State of California.
In the event suit is brought upon this bond by the Agency and judgment is recovered, the Surety shall pay all costs incurred by the Agency in such suit, including, but not limited to, administrative and consultant costs, and reasonable attorneys' fees to be fixed by the Court.
BINNEY JUNCTION SEWER MAIN RELOCATION PROJECT
CONTRACT NO. 26-01
Payment Bond
The address or addresses at which the principal and surety(ies) may be served with notices, papers and other documents under the California Bond and Undertaking Law (Code of Civil Procedure section 995.010 et seq.) is the following:
IN WITNESS THEREOF, the above bounded parties have executed this instrument under their several seals this day of , the name and corporate seal of each corporate party being hereto affixed and those presents duly signed by its undersigned representative, pursuant to authority of its governing body.
Principal:
Signature:
Name &
Title:
Address:
Surety:
Signature:
Name &
Title:
Address:
Attorney in Fact:
BINNEY JUNCTION SEWER MAIN RELOCATION PROJECT
CONTRACT NO. 26-01
Faithful Performance Bond
Surety shall submit the following documents along with this Faithful Performance Bond:
1. Verification that Surety is admitted to transact surety business in the State of California; and
2. Copy of Surety’s Certificate of Authority, issued by the Insurance Commissioner of the State of California, along with a statement that said Certificate has not been surrendered, revoked, cancelled, annulled or suspended.
(NOTE: The date of this bond must not be prior to date of Contract. If Contractor is a partnership, all partners should execute bond.)
BINNEY JUNCTION SEWER MAIN RELOCATION PROJECT
CONTRACT NO. 26-01
Payment Bond
CITY OF MARYSVILLE
PUBLIC WORKS DEPARTMENT
PAYMENT BOND
(LABOR AND MATERIAL BOND)
KNOW ALL MEN BY THESE PRESENTS:
That we, , as Principal, and , as Surety,
are held and firmly bound unto the City of Marysville, any and all persons named in California Civil Code Section 9100 as Claimants, whose claim has not been paid by the Contractor, in the aggregate total of ($ ) (being 100% of the
Contract amount) for payment whereof, well and truly to be made, said Principal and Surety bond themselves, their heirs, administrators, successors and assigns, jointly and severally, firmly by these presents. In case suit is brought upon this bond, the Surety will pay reasonable attorney’s fees to the City of Marysville in an amount to be fixed by the court.
The condition of the foregoing obligation is such that, whereas the Principal has entered into a Contract dated , 2026, with the City of Marysville, CA (“Owner”) to do the following work, to wit: City of Marysville D Street Walkability Project, Contract No. 26-01.
NOW, THEREFORE, if the Principal or its/his/her subcontractors fail to pay i) any of the persons named in Section 9100 of the Civil Code of the State of California; ii) amounts due under the Unemployment Insurance Code with respect to work or labor performed under the Contract, 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 or its/his/her subcontractor pursuant to Section 13020 of the Unemployment Insurance Code of the State of California, with respect to such work and labor; or iii) for any other work, materials, services, provisions, provender, or other supplies, or for the use of implements of machinery used in, upon, or about the performance of work to be done; then the Surety will pay for the same, in the amount not exceeding the sum specified in this bond, and also, in case suit is brought upon this bond, a reasonable attorney's fee, to be fixed by the court.
This bond shall inure to the benefit of any person named in Section 9100 of the Civil Code of the State of California so as to give a right of action to them or their assignees in suit brought upon this bond.
Moreover, if the Owner or any entity or person entitled to file stop payment notices is required to engage the services of an attorney in connection with the enforcement of this bond, the Contractor and Surety shall be liable for the reasonable attorney's fees incurred, with or without suit, in addition to the above sum.
This bond is executed and filed to comply with the provisions of the act of Legislature of the State of California as designated in Civil Code Section 9550 to 9566, inclusive, and all amendments thereto. The Surety, for value received, hereby stipulates and agrees to waive the benefits of California Civil Code Sections 2819 and 2845. The Surety hereby waives notice of any change, alteration or addition to the Contract or to related subcontracts, purchase orders and other obligations, including but not limited to changes of time. The Surety consents to all terms of the Contract, including provisions on changes to the Contract Documents. No extension of time, Change Order, alteration, modification, deletion, or addition to the Contract Documents, or of the work required thereunder, shall release or exonerate Surety on this Payment Bond or in any way affect the obligations of Surety on this Payment Bond.
BINNEY JUNCTION SEWER MAIN RELOCATION PROJECT
CONTRACT NO. 26-01
Payment Bond
Any proceeding, legal or equitable, under this Payment Bond shall be instituted in any court of competent jurisdiction in Yuba County, California.
IN WITNESS THEREOF, the parties have executed this instrument under their several seals this day of , the name and corporate seal of each corporate party being hereto affixed and those presents duly signed by its undersigned representative, pursuant to authority of its governing body.
Principal:
Signature:
Name &
Title:
Address:
Surety:
Signature:
Name &
Title:
Address:
Attorney in Fact:
BINNEY JUNCTION SEWER MAIN RELOCATION PROJECT
CONTRACT NO. 26-01
Payment Bond
Surety shall submit the following documents along with this Labor and Material Bond:
1. Verification that Surety is admitted to transact surety business in the State of California; and
2. Copy of Surety’s Certificate of Authority, issued by the Insurance Commissioner of the State of California, along with a statement that said Certificate has not been surrendered, revoked, cancelled, annulled or suspended.
(NOTE: The date of this bond must not be prior to date of Contract. If Contractor is a partnership, all partners should execute bond.)