Local
Construction Contract – PlayCore Wisconsin, Inc. dba GameTime – Project No. WP25028 (Updated) CONS
TRUCTION CONTRACT
Th
is contract is made and entered into on _____________, by and between PLAYCORE OF WISCONSIN, INC., DBA GAMETIME , a STATE OF WISCONSIN CORPORATION, with a business address at 150 PLAYCORE DRIVE SE FORT PAYNE, AL 35967 , hereinafter called "CONTRACTOR," and CITY OF STOCKTON, a municipal corporation, hereinafter called "CITY."
W I
T N E S S E T H:
WH
EREAS, plans and specifications for the construction of ANDERSON PARK PLAYGROUND (PROJECT NO. WP25028) , hereinafter called “PROJECT,” were regularly adopt ed b y Council Resolution No. _________________, on _________________; and
WHEREAS, the contract for said work was regularly awarded to CONTRACTOR, by Council Resolution No. _________________, on ________________.
NOW
, THEREFORE, in consideration of the promises and of the mutual covenants herein contained, the parties hereto expressly agree as follows:
CONTRACTOR agrees:
1. SCO
PE OF SERVICES. To do the work and furnish all the labor, materials, tools, equipment, and insurance required for the construction of PROJECT in accordance with the plans and specifications adopted on _____________, by Council Resolution No. _________________. The "contract documents," which include the bid documents, project plans, specifications, all letters of clarification, and the City of Stockton Standard Specifications and Plans, are incorporated into and made a part of this contract by this reference to the same extent as if fully set forth.
2. CO
MPENSATION. To do and perform the work contemplated hereby in a good and workmanlike manner and to furnish all labor, materials, tools , and equipment necessary therefore at the prices specified in Exhibit A, attached hereto and by reference made a part hereof, under the direction of and to the complete satisfaction of the Director of Public Works of the City of Stockton. Total compensation for services and reimbursement for costs shall not exceed $299,998.87, or as otherwise mutually agreed to in a Contract Change Order.
3. INS
URANCE. CONTRACTOR shall not commence any work before
obtaining, and shall maintain in force at all times during the duration and performance of this contract, the policies of insurance specified in Exhibit B, which is attached to this contract and incorporated by this reference, and as provided in the “contract documents” including Section 7- 1.06 of the City of Stockton Standard Specifications and Plans as adopted on September 27, 2016, by Council Resolution No. 2016-09-27-1213, effective September 27, 2016.
EXHIBIT 2
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Construction Contract – PlayCore Wisconsin, Inc. dba GameTime – Project No. WP25028 (Updated) It
shall be a requirement under this agreement that any available insurance proceeds broader than or in excess of the specified minimum i nsurance coverage requirements and/or limits shall be available to the Additional Insured.
Fur
thermore, the requirements for coverage and limits shall be (1) the minimum coverage and limits specified in this Agreement; or (2) the broader coverage and maximum limits of coverage of any i nsurance policy or proceeds available to the named Insured; whichever is greater.
The A
dditional Insured coverage under the CONTRACTOR’s policy shall be “primary and non-contributory” and will not seek contribution from the City of Stockton’s insurance or self-insurance and shall be at least as broad as ISO CG 20 01 04 13.
The l
imits of insurance required in this agreement may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess i nsurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of the City of Stockton (if agreed to in a written contract or agreement) before the City of Stockton’s own insurance or self - insurance shall be called upon to protect it as a named insured.
All s
elf-insured retentions (SIR) must be disclosed to the CITY’s Risk Management for approval and shall not reduce the limits of liability. Payment Bond in the amount of the self-insured retention (SIR) may be required.
Pol
icies containing any self-insured retention (SIR) provision shall provide or be endorsed to provide that the SIR may be satisfied by either the named insured or the CITY.
The CI
TY reserves the right to obtain a full certified copy of any i nsurance policy and endorsements.
Fai
lure to exercise this right shall not constitute a waiver of right to exercise later.
CONT
RACTOR shall maintain insurance as required by this contract to the fullest amount allowed by law and shall maintain insurance for a minimum of five years following the completion of this project. In the event contractor fails to obtain or maintain completed operations coverage as required by this agreement, the City at its sole discretion may purchase the coverage required and the cost will be paid by contractor.
CONT
RACTOR agrees to include with all Subcontractors in their subcontract the same requirements and provisions of this agreement including the indemnity and insurance requirements to the extent they apply to the scope of the Subcontractor’s work.
Subcontractors hired by CONTRACTOR agree to be bound to CONTRACTOR and the CITY in the same manner and to the same extent as CONTRACTOR is bound to the CITY under the Contract Documents. Subcontractor further agrees to include these same provisions with any Sub-subcontractor. A copy of the CITY Contract Document Indemnity and Insurance provisions will be furnished to the Subcontractor upon request. The General CONTRACTOR shall require all sub-contractors to provide a valid certificate of EXHIBIT 2
Local
Construction Contract – PlayCore Wisconsin, Inc. dba GameTime – Project No. WP25028 (Updated) ins
urance and the required endorsements included in the agreement prior to commencement of any work and contractor will provide proof of compliance to the City.
4. IND
EMNITY AND HOLD HARMLESS. To the fullest extent permitted by law, Contractor shall hold harmless, defend, and indemnify City of Stockton and its officers, officials, employees, and volunteers from and against all claims, damages, losses, and expenses including attorney fees arising out of the performance of the work described herein, caused in whole or in part by any negligent act or omission of the Contractor, any subcontractor, anyone directly or indirectly employed by any of them, or anyone for whose acts any of them may be liable, except where caused by the active negligence, sole negligence, or willful misconduct of the City of Stockton. This obligation is independent of, and shall not in any way be limited by, the minimum Insurance obligations contained in this agreement. These obligations shall survive the completion or termination of this agreement.
5. ST
ANDARD PLANS AND SPECIFICATIONS. The performance of said work and the furnishing of said materials shall be executed in accordance with Section 8-
1.04B of the City of Stockton Standard Specifications and Plans as adopted on September 27, 2016, b y Council Resolution No. 2016- 09-27-1213, effective September 27, 2016, and the provisions of the issued project specifications.
The D
irector of Public Works will furnish CONTRACTOR a weekly statement showing the number of days charged to the contract for the preceding week, the number of days specified for completion of the contract, and the number of days remaining to complete the contract. CONTRACTOR will be allowed one (1) week in which to file a written protest setting forth in what respects said weekly statement is incorrect, otherwise the statement shall be deemed to have been accepted by CONTRACTOR as correct.
6. WO
RKING DAYS. This work shall be diligently prosecuted to completion before the expiration of 27 WORKING DAYS beginning on the tenth calendar day after the date shown on the Notice to Proceed. It is agreed by the parties to the contract that in case all the work called for under the contract in all parts and requirements, is not finished or completed within the number of days as set forth, damage will be sustained by the CITY, and that it is and will be impracticable and extremely difficult to ascertain the actual damage which CITY will sustain in the event of and by reason of such delay; and it is therefore agreed that CONTRACTOR will pay to CITY the sum of THREE THOUSAND SIX HUNDRED AND NO/100 DOLLARS ($ 3,600) per day for each and every calendar day's delay in finishing the work in excess of the number of days prescribed; and CONTRACTOR agrees to pay said liquidated damages as herein provided, and in case the same are not paid, agrees that CITY, may deduct the amount thereof from any monies due or that may become due CONTRACTOR under the contract.
It
is further agreed that in case the work called for under the contract is not finished and completed in all parts and requirements within the number of days as specified, the CITY shall have the right to increase the number of days or not, as may seem best to serve the interest of CITY, and if the CITY decides to increase the said number of days, the CITY shall further have the right to charge to CONTRACTOR, CONTRACTOR's heirs, assigns or sureties, and to deduct from the final payment for the work, all or any part, as EXHIBIT 2
Local
Construction Contract – PlayCore Wisconsin, Inc. dba GameTime – Project No. WP25028 (Updated) may
be deemed proper, the liquidated damages as specified or the actual cost of engineering, inspection, superintendence, and other overhead expenses which are directly chargeable to the contract, and which accrue during the period of such extension, whichever is greater, except the cost of final surveys and preparation of final estimate shall not be included in such charges.
A w
orking day shall not include, nor shall CONTRACTOR be assessed with liquidated damages nor the additional cost of engineering and inspection during any delay beyond the time named for the completion of the work caused by acts of God or of the public enemy, acts of CITY, fire, floods, epidemics, quarantine restrictions, strikes, and freight embargoes and subject to approval by the Director of Public Works , inability to get materials ordered by CONTRACTOR or subcontractor due to such causes provided that CONTRACTOR shall notify the Director of Public Works in writing of the causes of delay within five (5) working days from the beginning of any such delay, and the Director shall ascertain the facts and the extent of the delay, and Director's findings of the facts thereon shall be final and conclusive.
If
CONTRACTOR is delayed by reason of alterations made in these specifications, or by any act of the Director of Public Works or of the CITY, not contemplated by the contract, the time of completion shall be extended proportionately, and CONTRACTOR shall be relieved during the period of such extension of any claim for liquidated damages, engineering or inspection charges or other penalties. CONTRACTOR shall have no claim for any other compensation for any such delay.
7. CONF
ORMANCE TO APPLICABLE LAWS. Contractor shall comply with all applicable Federal, State, and Municipal laws, rules, and ordinances. Contractor shall not discriminate in the employment of persons or in the provision of services under this Contract on the basis of any legally protected classification, including race, color, national origin, ancestry, sex or religion of such person.
a. TITL
E VI
Ti
tle VI of the Civil Rights Act of 1964 requires that “no person in the United States shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance.” (42 USC Section 2000d)
https://www.dol.gov/agencies/oasam/regulatory/statutes/title-vi-civil-rights- act-of-1964.
The C
ity of Stockton requires compliance with the requirements of Title VI in all of its programs and activities regardless of funding source. b. DIS
CRIMINATION AND HARASSMENT POLICY
The C
ity of Stockton has a Discrimination and Harassment Policy ( Exhibit C). The purpose of this policy is to reaffirm the CITY’s commitment to demonstrating respect for all individuals by strictly prohibiting discrimination EXHIBIT 2
Local
Construction Contract – PlayCore Wisconsin, Inc. dba GameTime – Project No. WP25028 (Updated) and har
assment, including sexual harassment in the workplace, to define the types of behavior and conduct prohibited by this policy, and to set forth a procedure for reporting, investigating, and resolving complaints of discrimination and harassment in the workplace.
c. LABO
R STANDARDS PROVISIONS/CALIFORNIA LABOR CODE
The bi
dder shall understand that conditions set forth in Chapter 1, Part 7, Division 2 of the California Labor Code shall be considered part of the contract agreement.
https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode= LAB&division=2.&title=&part=7.&chapter=1.&article=2.
d. PREVAI
LING WAGE
CO
NTRACTOR and any subcontractor shall pay each employee engaged in the trade or occupation not less than the prevailing hourly wage rate. In accordance with the provisions of Section 1770 of the Labor Code, the Director of Department of Industrial Relations of the State of California has determined the general prevailing wage and employer payments for health and welfare, pension, vacation, travel time, and subsistence pay as provided for in Section 1773.1, apprenticeship or other training programs authorized by Section 3093 and similar purposes applicable to the work to be done. CONTRACTOR performing the work under this contract shall obtain a copy of the wage rate determination and shall distribute copies to each subcontractor. As the wage determination for each craft reflects an expiration date, it shall be the prime CONTRACTOR and each subcontractor's responsibility to e nsure that the prevailing wage rates of concern is current and paid to the employee.
i. The
CONTRACTOR performing the work shall be responsible for obtaining a copy of the State wage rate determination. State wage rates may be obtained at https://www.dir.ca.gov/Public- Works/Prevailing-Wage.html. The CONTRACTOR shall be
responsible for posting said wage rates at a prominent location at the work site and shall maintain same in a good readable condition for the duration of the work.
ii. S
hould the CONTRACTOR choose to work on a Saturday, Sunday or on a holiday recognized by the Labor Unions, the CONTRACTOR shall reimburse the CITY the actual cost of engineering, inspection, superintendence, and or other overhead expenses which are directl y chargeable to the contract. Should such work be undertaken at the request of the CITY, reimbursement will not be required. To conform strictly with the provisions of Division 2, Part 7, Chapter 1, Article 2, of the Labor Code of the State of California. To forfeit as a penalty to CITY the sum of TWENTY -FIVE AND NO/100 DOLLARS ($25.00) for each laborer, worker, or mechanic employed by CONTRACTOR, or by EXHIBIT 2
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Construction Contract – PlayCore Wisconsin, Inc. dba GameTime – Project No. WP25028 (Updated) any s
ubcontractor under CONTRACTOR, in the execution of this contract, for each calendar day during which any laborer, worker, or mechanic is required or permitted to work more than eight (8) hours and who is not paid the general prevailing rate of per diem wages for holiday and overtime work in violation of the provisions of Sections 1770 to 1781 of the Labor Code of the State of California. That all sums forfeited under the provisions of the foregoing sections shall be deducted from the payments to be ma de under the terms of this contract.
iii. T
he CONTRACTOR to whom the contract is awarded shall ensure that the prime and each subcontractor will in accordance with Section 1776 of the Labor Code, maintain certified payroll records. A copy of said records shall be provided with each invoice to the Public Works Department, Attention Contract Complianc e Officer. It shall be the CONTRACTOR’S responsibility to obtain copies of the current prevailing wage rate determination for all subcontractors. Additionally, certified payroll records must be uploaded to the DIR website as required by labor code.
iv. The C
ONTRACTOR shall comply with the provisions established in Section 1777.5 of the Labor Code concerning the 1) certified approval by local joint apprenticeship committees for the employment and training of apprentices, and 2) contribution of funds to administer and conduct apprenticeship programs, if applicable to the job. e. LO
CAL EMPLOYMENT ORDINANCE
Pur
suant to Stockton Municipal Code Section 3.68.095 the CONTRACTOR and all subcontractors shall make a good faith effort to employ at least 50 percent of the workforce on this project from local residents, as measured by total labor work hours. Failure of any CONTRACTOR or subcontractor to comply with these requirements shall be deemed a material breach of the contract or subcontract. CONTRACTORS and subcontractors shall maintain records necessary for monitoring their compliance with section
3.68.095.
f. SA
NCTIONS
Del
iverables must conform with all applicable federal, state, and local laws. Such conformity includes compliance with federal sanctions, and Contractor certifies that it has not and will not engage in prohibited transactions with sanctioned persons or entities.
CI
TY agrees:
8. COM
PENSATION. To pay CONTRACTOR for the work herein
contemplated in the following manner: Progress payments will be made on or about the EXHIBIT 2
Local
Construction Contract – PlayCore Wisconsin, Inc. dba GameTime – Project No. WP25028 (Updated) fi
rst day of each calendar month, in such sum as shall make the aggregate of payment up to such day equal to ninety-five percent (95%) of the proportional contract price, upon the basis of the progress certificate of the Director of Public Works as to the amount of work done and the proportional amount of the contract price represented therefor e; and all of the remaining part of the contract price not as aforesaid paid, shall be paid at the expiration of thirty-five (35) days from the completion of said work of construction and the certification by the Director of Public Works of such completion.
9. SECU
RITIES. Pursuant to Section 22300 of the Public Contract Code, CONTRACTOR will be permitted, at its request and sole expense, to substitute securities for any monies withheld by the CITY to ensure performance under the contract. Said securities will be deposited either with the CITY or with a State or federally chartered bank as escrow agent. Securities eligible for this substitution are those listed in Section 16430 of the California Government Code or bank or savings and loan certificates of depos it.
CONTRACTOR shall be the beneficial owner of any securities substituted for monies withheld and shall receive any interest thereon.
10. CHANG
E ORDERS . CITY reserves the right to make such alterations, deviations, additions to or omissions from the plans and specifications, including the right to increase or decrease the quantity of any item or portion of the work, as may be deemed by the Engineer to be necessary or advisable and to require such extra work as may be determined by the Engineer to be required for the proper completion or construction of the whole work contemplated.
Any
such changes will be set forth in a contract change order which will specify, in addition to the work done in connection with the change made, adjustment of contract time, if any, and the basis of compensation for such work. A contract change order wi ll not become effective until approved by the City Manager and/or the City Council.
Pr
ocessing of change orders shall be in accordance with Section 4- 1.05A of the City of Stockton Standard Specifications and Plans as adopted by Council on September 27, 2016, by Resolution No. 2016-09-27-1213, effective September 27, 2016, or as otherwise amended by Council. When the compensation for an item of work is subject to adjustment under the provisions of Standard Specifications and Plans, Section 4- 1.05A, CONTRACTOR shall, upon request, promptly furnish the Engineer with adequate detailed cost data for such item of work.
11. AUDI
TS. CITY reserves the right to periodically audit all charges made by CONTRACTOR to CITY for services under the contract. Upon request, CONTRACTOR agrees to furnish CITY, or a designated representative, with necessary information and assistance.
CO
NTRACTOR agrees that CITY or its delegate will have the right to review, obtain and copy all records pertaining to performance of the contract. CONTRACTOR agrees to provide CITY or its delegate with any relevant information requested and shall permit CITY or its delegate access to its premises, upon reasonable notice, during normal business hours for the purpose of interviewing employees and inspecting and copying such books, records, accounts, and other material that may be relevant to a matter under EXHIBIT 2
EXHIBIT 2
investigation for the purpose of determining compliance with this requirement.
CONTRACTOR further agrees to maintain such records for a period of three (3) years after final payment under the contract.
12. WAIVER. It is expressly understood and agreed by and between the parties hereto that a waiver of any of the conditions of this contract shall not be considered a waiver of any of the other conditions thereof.
It is further understood and agreed by and between the parties hereto that time is of the essence of this contract in all respects.
IN WITNESS WHEREOF, the parties hereto have hereunto affixed their hands and seals the day and year first above written.
ATTEST: CITY:
KATHERINE ROLAND, CMC, CPMC
CITY CLERK
By: ____________ _
APPROVED AS TO FORM & CONTENT:
LORI M. ASUNCION
OFFICE OF THE CITY ATTORNEY
By:-------------
DEPUTY CITY ATTORNEY
By: ____________ _
WILLIAM CREW
ACTING CITY MANAGER
PLAYCORE WISCONSIN, INC.
OBA GA TIME
B
39-1720480
Tax Identification No.
Stockton City of
Attn: Katrina Tavares
1465 South Lincoln Street
Stockton, CA 95206
United States
Phone: 209-937-8676
[email protected]
Ship to Zip 95207
Quantity Part # Description Unit Price Amount
2-5 AREA
1 RDU GameTime - Custom PowerScape 2-5 Play Structure $96,764.00 $96,764.00 1 RDU GameTime - Sensory Rings with Hypnetic Wheel and Rain Sensors $5,820.00 $5,820.00 1 5178 GameTime - Welcome Sign (2-5) $774.00 $774.00
2 28009 GT-Site - 6' P/S Bench W/Back Inground $1,061.00 $2,122.00 5-12 AREA
1 RDU GameTime - Custom PowerScape 5-12 Play Structure $97,844.00 $97,844.00 1 RDU GameTime - Sensory Rings with Spin Chimes, Roller Balls and Bells Sensors $8,970.00 $8,970.00 1 5179 GameTime - Welcome Sign (5-12) $774.00 $774.00
3 28009 GT-Site - 6' P/S Bench W/Back Inground $1,061.00 $3,183.00 1 INSTALL GameTime - by a certified GameTime installer- - Provide & Install a 6' Temporary Construction Fence for Duration of the Project - Off Load Equipment & Store at Site or City of Stockton Corporate Yard - Install Above-Quoted GameTime Equipment in (2) each Play Areas - Pull Back and Stockpile Existing Engineered Wood Fiber - Top off Max 4" Depth of Engineered Wood Fiber. Approx. 45 cy - Includes Off Haul and Disposal of Spoils Generated from Footings - Prep Base Rock for PIP ADA Ramp by Others into Pit with Turn Down into EWF - Prevailing Wages
$118,500.00 $118,500.00
1 53216PIP GT-Impax - Supply and Installation of 146 SF Poured in Place Safety Surfacing - 2 ADA Ramps-
- 50% standard color EPDM (blue, green, red, or beige) 50% black - Aromatic Binder, Prevailing Wages, Good job access, No design $6,775.00 $6,775.00
1 INSTALL GameTime - CPSI Safety Inspection Report $1,305.00 $1,305.00 1 INSTALL GameTime - Bonds $5,310.00 $5,310.00
Sub Total $348,141.00
Discount ($79,339.86)
Estimated Freight $18,875.73
Tax $12,322.00
Total $299,998.87
Comments
Shipping to Stockton, CA.
INSTALLATION SCHEDULE TO BE DETERMINED BY WEATHER CONDITIONS ALLOWING FOR PROPER MATERIAL SET UP AND CURING.
QUOTE DOES NOT INCLUDE ANY TENTING OR ARTIFICIAL HEATING.
C/O MRC
PO Box 225250
San Francisco, CA 94122
Ph: 800-235-2440
Em:
[email protected]
Web: www.mrcrec.com
08/07/2025
Quote #
117102-01-03
CA Stockton City of Anderson Park Playground
EXHIBIT 2
EXHIBIT A
PLEASE NOTE: Quote assumes favorable access with install loca on within 50 linear feet of box truck staging area. Quote assumes any adjacent sprinklers or irriga on will be shut off at least 24hrs prior to our crew's arrival on site.
Please note: The sales tax rate shown on the quote is determinant on the final end use loca on, which is 6021 N. El Dorado St, Stockton, CA 95207. Any varia on will result in a review of the appropriate tax rate, which will be applied to your final order.
CHOOSE YOUR COLOR SCHEME: IT IS VERY IMPORTANT THAT YOU CHOOSE A COLOR SCHEME FOR YOUR MODULAR PLAYGROUND UNIT AT TIME OF ORDER. PLEASE SELECT FROM ONE OF THE MANY "PLAY PALETTES" LISTED IN THE BACK OF THE GAMETIME CATALOG OR ON OUR WEBSITE: www.gametime.com. INDICATE YOUR SELECTION BELOW.
GAMETIME PLAY PALETTE: ___________________________
NOTE: COLOR SELECTION FOR ALL OTHER EQUIPMENT SHOULD BE ENTERED IN THE SPACE PROVIDED UNDER THAT SPECIFIC ITEM.
This quotation is subject to policies in the current GameTime Park and Playground Catalog and the following terms and conditions. Our quotation is based on shipment of all items at one time to a single destination, unless noted, and changes are subject to price adjustment. Purchases in excess of $1,000.00 to be supported by your written purchase order made out to GAMETIME, c/o MRC. Customer is responsible for any required permits and fees pertaining to such permits.
PRICING / PAYMENT: Pricing f.o.b. factory, firm until November 1, 2025. Payment terms: Purchase order made payable to GameTime. 75% due Net 30 days after ship and 25% balance due upon completion of project for tax supported governmental agencies. A 1.5% per month finance charge will be imposed on all past due accounts. Equipment shall be invoiced separately from other services and shall be payable in advance of those services and project completion. Retainage not accepted.
TAXES: State and local taxes, if applicable, will be added at time of invoicing unless a tax exempt certificate is provided at the time of order entry.
FREIGHT/SHIPMENT: Freight charges: Prepaid and added at time of invoicing. Shipment: order will ship within 14-18 weeks after GameTime’s receipt and acceptance of your PURCHASE ORDER, signed quotation and color selections.
RECEIPT OF GOODS: Installer is responsible for unloading and uncrating equipment from truck. Installer shall receive, unload and inspect goods upon arrival, noting any discrepancies on the Delivery Receipt prior to written acceptance of the shipment.
Customer must be on site for surfacing delivery. A large turning area is required for access by tractor/trailer.
INSTALLATION: Installation by a Gametime Certified Installer. Terms of installation listed briefly below:
Installation Pricing is based on manufacturer's recommended footing depth of 30" below finished grade. Any requirement greater than that will incur additional charges.
Installation assumes a flat, dirt surface with no grading preparation required.
Gametime’s installer is not responsible for any grading.
Customer is responsible for calling 888-DIG-SAFE a minimum of 72 hours before installation is to begin.
Direct access is required for large construction vehicles.
All work is to be done in one move.
Overnight security and dumpster NOT included.
Unforeseen subsurface obstructions may incur additional charges.
EXCLUSIONS: unless specifically included, this quotation excludes all landscaping; removal of existing equipment; security; dumpster and drainage provisions.
TO ORDER: Please complete the acceptance portion of this quotation and provide color selections, purchase order and other key information requested. Acceptance of this proposal indicates your agreement to the terms and conditions stated herein.
Sales Representative: David Zehnder/es
C/O MRC
PO Box 225250
San Francisco, CA 94122
Ph: 800-235-2440
Em:
[email protected]
Web: www.mrcrec.com
08/07/2025
Quote #
117102-01-03
CA Stockton City of Anderson Park Playground
EXHIBIT 2
EXHIBIT A
Acceptance of quotation: (ALL INFORMATION REQUIRED)
Accepted By (printed): ________________________________ P.O. No: ___________________________________ Signature: _____________________________________________ Date: ______________________________________ Title: __________________________________________________ Phone: _____________________________________ Email:_________________________________________________ Facsimilie: _________________________________ Purchase Amount: $299,998.87
Order Information: (ALL INFORMATION REQUIRED)
Bill To: ________________________________________________ Ship To: ____________________________________ Bill To Contact: ________________________________________ Ship To Contact: ___________________________ Bill To Email:___________________________________________ Ship To Email: ______________________________ Bill To Phone: _________________________________________ Ship To Phone: (Office):______________________ (Cell):________________________
Bill to Address: _________________________________________ Ship To Address: _____________________________ Bill To City, State, Zip: __________________________________ Ship To City, State, Zip: ________________________ SALES TAX EXEMPTION CERTIFICATE #:_____________________________________________ (PLEASE PROVIDE A COPY OF CERTIFICATE)
C/O MRC
PO Box 225250
San Francisco, CA 94122
Ph: 800-235-2440
Em:
[email protected]
Web: www.mrcrec.com
08/07/2025
Quote #
117102-01-03
CA Stockton City of Anderson Park Playground
EXHIBIT 2
EXHIBIT A
Anderson Park
Project Approach & Anticipated Schedule
Day 1
Order Placed
Upon Receipt of Signed Quote, Purchase Order,
Colors, and Billing & Shipping Information
Week 13
Order Ships
Day 135 & On
Enjoy Your
New Space
Equipment Manufacturing
Standard Products: 6 Weeks | Custom Products: 12 Weeks
Equipment Install
3 Weeks
Surfacing
Installation: 2 Weeks | Curing: 2 Days
Week 1 Week 10Week 2 Week 11Week 3 Week 12Week 4 Week 13Week 5 Week 14Week 6 Week 15Week 7 Week 16Week 8 Week 17Week 9 Week 18
9. Anticipated Design Schedule*
800-922-0070 | mrcrec.com
8. Project Approach
Our project approach is well documented throughout this proposal. From the start of our design process, we accounted for the various elements and design criteria that the City called out in the RFP. Some of these items, but not limited to include: ADA compliant and accessible play areas, play structures for children ages 2-12 years old with appropriate signage with 5-inch O/D uprights, vinyl-coated decking, safety compliance, natural color schemes, preferred engineered wood fiber safety surfacing with poured in place accessible routes to transfer platforms, park benches, etc.
8'
TRANSFER SYSTEM
w/ BARRIER
(2'6" RISE)
90022
TRANSFER SYSTEM
w/ BARRIER
(2'6" RISE)
900225'-6"
6'
RIVER ROCK CLIMBER90369
3'
CURVED
ZIP SLIDE
90193
81699
BONGOS
(BELOW)
91712
MODERN TRANSFER PLATFORM
W/ GUARDRAIL
(2' RISE)
ENTRYWAY
(GUARDRAIL)
91146
RIPPLE PASS (LINK)
91523
WILDERSLIDE II
SINGLE SPIRAL
90842
91215
SLANT ROOF
(TIMBERS)
91220
SLANT ROOF
EXTENSION
(24" w/ CAP)
91220
SLANT ROOF
EXTENSION
(24" w/ CAP)
91221
SLANT ROOF
EXTENSION
(66" w/ CAP)
91221
SLANT ROOF
EXTENSION
(66" w/ CAP)
5'
DOUBLE ZIP SLIDE
90509
91215
SLANT ROOF
(TIMBERS)
91221
SLANT ROOF
EXTENSION
(66" w/ CAP)
91221
SLANT ROOF
EXTENSION
(66" w/ CAP)
DOUBLE VINE
CLIMBER
90151
91150
ENTRYWAY
(TIMBERS)
91150
ENTRYWAY
(TIMBERS)
7088
ROCKSCAPE
ROCK STEP
91150
ENTRYWAY
(TIMBERS)
FALCON'S NEST
91864
91868
FALCON'S NEST GUIDE CABLE
FALCON'S NEST GUIDE CABLE
91868
TREETOP TRAVERSE
(5 CLIMBERS)
6371
91185
PLANK CLIMBER
91150
ENTRYWAY
(TIMBERS)
90713
FROG SLIDE
PUZZLE
SEAT AND TABLE FOR TWO
81665
7088
ROCKSCAPE
ROCK STEP
7088
ROCKSCAPE
ROCK STEP
7088
ROCKSCAPE
ROCK STEP
ENTRYWAY
(BARRIER)
91139
90256
LEANING WALL
CLIMBER
TUFFCLAD
6' BENCH w/BACK
IN-GROUND (PS)
28009
TUFFCLAD
6' BENCH w/BACK
IN-GROUND (PS)
28009
TUFFCLAD
6' BENCH w/BACK
IN-GROUND (PS)
28009
5-12 WELCOME
SIGN
5179
SENSORY
RING
3240
SPIN CHIMES
(20" - TWO-SIDED)
3900
SENSORY
RING
3240
BELLS
(20" - TWO-SIDED)
3906
SENSORY
RING
3240
ROLLER BALLS
(20" - TWO-SIDED)
3951
4'
90880
360 SPIRAL SLIDE
W/ ROTO HOOD
6'
81666
FUN SEAT
(BELOW)
90366
SLOPED FUNNEL
CLIMBER (BARRIER)
3'
91688
INCLINED CLIMBER
91621
91537
2'
2'
2'
90366
SLOPED FUNNEL
CLIMBER (BARRIER)
91711
MODERN TRANSFER PLATFORM
W/ GUARDRAIL
(1' RISE)
91334
CLIMBER OFFSET
ENTRYWAY
(BARRIER)
91334
CLIMBER OFFSET
ENTRYWAY
(BARRIER)
SPACE RACE PANEL
91581
5410RP
MODERN ENCLOSURE
5410RP
MODERN ENCLOSURE
5410RP
MODERN ENCLOSURE
90466
MAZE TIME PANEL
90252
LEANING WALL
CLIMBER
HIGH POINT ENTRYWAY
(BARRIER)
91140
HIGH POINT ENTRYWAY
(BARRIER)
91140
5409RP
THERAPEUTIC RINGS
81669
HAND CYCLER
81699
BONGOS
(BELOW)
91876
91876
91876
91876
SINGLE
THUNDERRING
(BELOW)
81664
2-5 WELCOME
SIGN
5178
SENSORY
RING
3240
HYPNETIC SPINNER
(20" - TWO-SIDED)
3901
SENSORY
RING
3240
RAIN
(20" - TWO-SIDED)
3946
TUFFCLAD
6' BENCH w/BACK
IN-GROUND (PS)
28009
TUFFCLAD
6' BENCH w/BACK
IN-GROUND (PS)
28009
1'-6"
2'
90317
TOAD STOOL
CLIMBER
3 IN A ROW
90834
ENTRYWAY
(GUARDRAIL)
91146
91150
ENTRYWAY
(TIMBERS)
CRUNCH
BAR
81670
SPIRAL STEP CLIMBER
90667
90306
ARCHWAY WITH
SOCKET
(BARRIER)
*This timeline is a general estimate for most projects. Upon approval of this proposal, a timeline specific to your project will be developed.
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EXHIBIT A
Exhibit :
Insurance Requirements
(Construction Contracts)
Contractor shall procure and maintain for the duration of the contract, , insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Contractor, his agents, representatives, employees, or subcontractors.
MINIMUM SCOPE AND LIMIT OF INSURANCE
Coverage shall be at least as broad as:
1. Commercial General Liability (CGL): Insurance Services Office (ISO) Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit.
2. Automobile Liability : Insurance Services Office Form CA 0001 covering Code 1 (any auto), with limits no less than $1,000,000 per accident for bodily injury and property damage.
3. Workers’ Compensation insurance as required by the State of California, with Statutory Limits, and Employers’ Liability insurance with a limit of no less than $1,000,000 per accident for bodily injury or disease.
4. Surety Bonds as described below.
EXHIBIT 2
If the contractor maintains broader coverage and/or higher limits than the minimums shown above, the City of Stockton requires and shall be entitled to the broader coverage and/or the higher limits maintained by the contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City of Stockton.
Self-insured retentions must be declared to and approved by the City of Stockton. The City of Stockton may require the Contractor to provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self- insured retention may be satisfied by
EXHIBIT B
either the named insured or City of Stockton. The CGL and any policies, including Excess liability policies, may not be subject to a self-insured retention (SIR) or deductible that exceeds $250,000 unless approved in writing by City of Stockton. Any and all deductibles and SIRs shall be the sole responsibility of Contractor or subcontractor who procured such insurance and shall not apply to the Indemnified Additional Insured Parties. City of Stockton may deduct from any amounts otherwise due Contractor to fund the SIR/deductible. Policies shall NOT contain any self-insured retention (SIR) provision that limits the satisfaction of the SIR to the Named Insured.
The policy must also provide that Defense costs, including the Allocated Loss Adjustment Expenses, will satisfy the SIR or deductible. City of Stockton reserves the right to obtain a copy of any policies and endorsements for verification.
Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following provisions:
1. The City of Stockton, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts, or equipment furnished in connection with such work or operations and automobiles owned, leased, hired, or borrowed by or on behalf of the Contractor.
General liability coverage can be provided in the form of an endorsement to the Contractor’s insurance (at least as broad as ISO Form CG 20 10, CG 11 85 or both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 forms if later revisions used).
Additional insured Name of Organization shall read “City of Stockton, its officers, officials, employees, and volunteers.” Policy shall cover City of Stockton, its officers, officials, employees, and volunteers for all locations work is done under this contract.
2. For any claims related to this project, the Contractor’s insurance coverage shall be primary and non-contributory insurance coverage at least as broad as ISO CG 20 01 04 13 as respects the City of Stockton, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City of Stockton, its officers, officials, employees, or volunteers shall be excess of the Contractor’s insurance and shall not contribute with it. This requirement shall also apply to any Excess or Umbrella liability policies. The City of Stockton does not accept endorsements limiting the Contractor’s insurance coverage to the sole negligence of the Named Insured.
3. Each insurance policy required by this clause shall provide that coverage shall not be canceled, except with notice to the City of Stockton.
Claims Made Policies (Professional & Pollution only)
If any coverage required is written on a claims-made coverage form:
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EXHIBIT B
1. The retroactive date must be shown, and this date must be before the execution date of the contract or the beginning of contract work.
2. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of contract work.
3. If coverage is cancelled or non-renewed, and not replaced with another claims- made policy form with a retroactive date prior to the contract effective, or start of work date, the Contractor must purchase extended reporting period coverage for a minimum of five (5) years after completion of contract work.
4. A copy of the claims reporting requirements must be submitted to the City of Stockton for review.
5. If the services involve lead-based paint or asbestos identification/remediation, the Contractors Pollution Liability policy shall not contain lead-based paint or asbestos exclusions. If the services involve mold identification/remediation, the Contractors Pollution Liability policy shall not contain a mold exclusion, and the definition of Pollution shall include microbial matter, including mold.
The Contractor may use Umbrella or Excess Policies to provide the liability limits as required in this agreement. This form of insurance will be acceptable provided that all of the Primary and Umbrella or Excess Policies shall provide all of the insurance coverages herein required, including, but not limited to, primary and non-contributory, additional insured, Self-Insured Retentions (SIRs), indemnity, and defense requirements. The Umbrella or Excess policies shall be provided on a true “following form” or broader coverage basis, with coverage at least as broad as provided on the underlying Commercial General Liability insurance. No insurance policies maintained by the Additional Insureds, whether primary or excess, and which also apply to a loss covered hereunder, shall be called upon to contribute to a loss until the Contractor’s primary and excess liability policies are exhausted.
Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M. Best rating of no less than A: VII, unless otherwise acceptable to the City of Stockton.
Contractor hereby agrees to waive rights of subrogation which any insurer of Contractor may acquire from Contractor by virtue of the payment of any loss.
Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation. The Workers’ Compensation policy shall be endorsed EXHIBIT 2
EXHIBIT B
with a waiver of subrogationin favor of the City of Stockton for all work performed by the Contractor, its employees, agents and subcontractors. Contractor shall furnish the City of Stockton with original certificates and amendatory endorsements or copies of the applicable policy language effecting coverage required by this clause and a copy of the Declarations and Endorsements Pages of the CGL and any Excess policies listing all policy endorsements. All certificates and endorsements and copies of the Declarations & Endorsements pages are to be received and approved by the City of Stockton before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the Contractor’s obligation to provide them. The City of Stockton reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. City of Stockton reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances. Contractor shall require and verify that all subcontractors maintain insurance meeting all requirements stated herein, and Contractor shall ensure that City of Stockton is an additional insured on insurance required from subcontractors. For CGL coverage, subcontractors shall provide coverage with a form at least as broad as CG 20 38 04 13.CGL & Excess liability policies for any construction related work, including, but not limited to, maintenance, service, or repair work, shall continue coverage for a minimum of 5 years for Completed Operations liability coverage. Such Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work. Contractor shall provide the following Surety Bonds:1. Performance Bond2. Payment Bond3. Maintenance BondThe Payment Bond and the Performance Bond shall be in a sum equal to the contract price. If the Performance Bond provides for a one-year warranty a separate Maintenance Bond is not necessary. If the warranty period specified in the contract is for longer than one year a Maintenance Bond equal to 10% of the contract price is required. Bonds shall be duly executed by a responsible corporate surety, authorized to EXHIBIT 2
EXHIBIT B
issue such bonds in the State of California and secured through an authorized agent with an office in California.City of Stockton reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other circumstances. Certificate Holder Address The address for mailing certificates, endorsements and notices shall be: City of StocktonIts Officers, Officials, Employees and Volunteers400 E Main Street, 3rd Floor – HR Stockton, CA 95202 EXHIBIT 2
EXHIBIT B
Subject:
CITY OF STOCKTON, CALIFORNIA
CITY MANAGER ADMINISTRATIVE DIRECTIVE
Directive No. HR-15 Page No. 1 of 14
DISCRIMINATION AND Effective Date: Revised From:
HARASSMENT POLICY 7/27/09
5/1/2015 4/6/09
3/1/2010
(see below)
PER-015 (Sexual Harassment in the Workplace) revised from 10/21/94, 5/1/95, 1/1/98 PER-037 (Sexual Harassment Investigative Procedures) revised from 2/15/93 I. PURPOSE
The purpose of this policy is to reaffirm the City's commitment to demonstrating respect for all individuals by strictly prohibiting discrimination and harassment, including sexual harassment in the workplace. This policy defines prohibited behavior and conduct, and sets forth a procedure for reporting, investigating and resolving complaints of discrimination, harassment, in the workplace, including retaliation and hostile work environment.
II. POLICY
A. The City of Stockton prohibits any form of discrimination and/or harassment of any person based on race, religious creed, color, national origin, ancestry, military and veterans status, physical or mental disability, medical condition, genetic characteristics or information, denial of family and medical care leave, marital status, sexual orientation, sex (including gender, gender identity, gender expression, transgender, pregnancy, childbirth and breastfeeding), political affiliation, age (40 and older), concerted labor activity, or any other category or attribute consistent with state or federal law.
All such discrimination and harassment is unlawful and shall not be tolerated. In addition, under the federal Affordable Care Act (ACA), the City of Stockton prohibits discrimination and/or harassment, or retaliation against an employee who obtains coverage, receives a tax credit or subsidy through the Health Care "Market Place" or "Exchange."
B. It is an unlawful employment practice to discriminate against or to harass an unpaid intern or volunteer on the basis of any legally protected classification unless an exception applies, such as a bona fide occupational qualification.
C. The City will neither tolerate nor condone discrimination and/or harassment of employees by managers, supervisors, co-workers, or non-employees with whom City employees have a business service, or professional relationship.
D. All City employees and non-employees share a responsibility to assist in EXHIBIT 2
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BO
ND FOR FAITHFUL PERFORMANCE
KNOW ALL MEN BY THESE PRESENTS:
That we, PLAYCORE WISCONSIN, INC. DBA GAMETIME , a STATE OF CALIFORNIA, as Principal and , a
corporation, organized and existing under the laws of the State of and duly authorized to transact business under the laws of the State of California, as Surety, are held and firmly bound unto the City of Stockton, a municipal corporation, duly created and existing under and by virtue of the laws of the State of Californi a, as obligee, in the just and full sum of TWO HUNDRED NINETY -NINE THOUSAND NINE HUNDRED NINETY-EIGHT AND 87/100 DOLLARS ($299,998.87), in lawful money of the United States of America (being 100% of the contract price) for the payment whereof well and truly to be made to the said CITY, the said Principal and Surety bind themselves, their successors and assigns, jointly and severally, firmly by these presents.
The condition of the foregoing obligation is such that the above bounded Principal has simultaneously entered into a contract with the CITY, to do and perform the following work, to wit:
ANDERSON PARK PLAYGROUND
(PROJECT NO. WP25028)
NOW, THEREFORE, if the above bounded Principal, CONTRACTOR, Company or
Corporation or its subcontractor, shall well and truly perform the work contracted to be done under said contract, then this obligation to be null and void; otherwise to remain in full force and effect.
No prepayment or delay in payment and no change, extension, addition or alteration of any provision of said contract, or in said plans or specifications agreed to between the said CONTRACTOR and the said CITY, and no forbearance on the part of the said CITY shall operate to relieve any Surety or Sureties from liability on this bond, EXHIBIT 2
and co
nsent by said Surety is hereby given, and the said Surety hereby waives the provisions of Sections 2819 and 2845 of the Civil Code of the State of California.
S
IGNED AND SEALED on
APPR
OVED AS TO SURETY: By:
P RINCIPAL
S URETY
APPROVED AS TO FORM & CONTENT:
LORI M. ASUNCION
OFFICE OF THE CITY ATTORNEY
By:
A TTORNEY-IN-FACT
By:
DEPUTY CI TY ATTORNEY
EXHIBIT 2
BO
ND FOR LABOR AND MATERIAL
KNOW ALL MEN BY THESE PRESENTS:
That we, PLAYCORE WI SCONSIN, INC. DBA GAMETIME , a STATE OF CALIFORNIA CORPORATION, as Principal and ,
corporation, organized and existing under the laws of the State of and duly authorized to transact business under the laws of the State of California, as Surety, are held and firmly bound unto the City of Stockton, a municipal corporation, duly created and existing under and by virtue of the laws of the State of California, and unto any and all material suppliers, persons, companies, or corporations furnishing materials, provisions, provender or other supplies used in, upon, for or about the performance of the work contemplated to be executed or performed under the contract h ereinafter mentioned, and all persons, companies, or corporations renting or hiring teams, or implements of machinery, for or contributing to said work and all persons who perform work or labor upon the same, and all persons who supply both work and materi als, and whose claims have not been paid by the contractor, company or corporation in the just and full sum of TWO HUNDRED NINETY-NINE THOUSAND NINE HUNDRED NINETY- EIGHT AND 87/100 DOLLARS ($299,998.87) in lawful money of the United States of America (being 100% of the contract price) for the payment whereof well and truly to be made to said CITY and to said persons jointly and severally, the said principal and Surety bind themselves, their successors and assigns, jointly and severally, firmly by these presents.
The condition of the foregoing obligations is such that the above bounden Principal has simultaneously entered into a contract of even date herewith, with the CITY, to do and perform the following work, to-wit:
ANDERSON PARK PLAYGROUND
(PROJECT NO. WP25028)
NOW, THEREFORE, if the above bounden Principal, CONTRACTOR, Company or Corporation or its subcontractor, fail to pay for all materials, provisions, provender, or other supplies, or teams, used in, upon, for or about the performance of the work EXHIBIT 2
cont
racted to be done, or for any work or labor done thereon of any kind, the Surety on this bond will pay the same, in an amount not exceeding the sum specified in this bond, provided that any and all claims hereunder shall be filed and proceedings had in connection therewith as required by the provisions of Division 3, Part 4, Title 15, Chapter 5, Article 1 of the Civil Code of California, provided that in case suit is brought upon this bond, a reasonable attorney's fee shall be awarded by the Court to the prevailing party in said suit; said attorney's fee to be fixed as costs in said suit, and to be included in the judgment therein rendered.
No prepayment or delay in payment and no change, extension, addition or alteration of any provision of said contract or in said plans or specifications agreed to between the said CONTRACTOR and the said CITY and no forbearance on the part of the said CITY shall operate to relieve any surety or sureties from liability on this bond, and consent to make such alterations without further notice to or consent by any such surety is hereby given, and the said sureties hereby waive the provisions of Sections 2819 and 2845 of the Civil Code of the State of California.
SI
GNED AND SEALED on .
APPRO
VED AS TO SURETY: By:
PRI NCIPAL
SURE TY
APPROVED AS TO FORM & CONTENT:
LORI M. ASUNCION
OFFICE OF THE CITY ATTORNEY
By:
AT TORNEY-IN-FACT
By:
DEPUTY CIT Y ATTORNEY
EXHIBIT 2