Estimate No. 2026-1359_ Orange Terrace OMNIA — Riverside City Council, May 12, 2026

CONTRACT
Contractor Lic. # 957776
Class A/B/C61/D34/D12
Pacific Play Systems, Inc.

Phone (760) 599-7355
Date 4/1/2026
Est. No. 2026-1359
Contractor
City of Riverside
3900 Main St.,
Riverside 92522
Customer Project Orange Terrace ...

Playcraft PR#R5064F12A, Custom 5" OD Steel Play System, 5-12 age-group 1 100,161.00 100,161.00T Playcraft PR#R502CCB3B, Custom 5" OD Steel Play System, 2-5 age-group 1 72,438.00 72,438.00T ID Sculpture, Sliced Orange 1 20,947.50 20,947.50T
ID Sculpture, Fallen Oranges (1M & 1S) 1 5,443.00 5,443.00T Playcraft Swing Shade (Triple Bay, 4 belt seats, 2 bucket seats) 1 20,141.00 20,141.00T PC 1505-SA Dino-Dig Lizard (w/ Stakes) 1 589.00 589.00T PC 1506-SA Dino-Dig T-Rex (w/ Stakes) 1 960.00 960.00T
PC 2442 Spring Fling, Duo 1 5,868.00 5,868.00T
1302 Safety Sign (2-5, HDPE) 1 1,281.00 1,281.00T
1303 Safety Sign (5-12, HDPE) 1 1,281.00 1,281.00T
Sub-total of Play equipment 229,109.50
OMNIA co-op Discount, OMNIA Contract #R220203 -22,911.00 -22,911.00 Additional Discount to the City of Riverside -18,000.00 -18,000.00 Freight:

Freight costs, playground equipment 1 9,294.13 9,294.13 Non-Specific Costs: No charge 1 0.00 0.00
PAYMENT TERMS: Net 30
Exclusions:

1. Labor of any kind, installation & handling. 2. Unloading and handling of equipment. 3.

Dealing with 3rd party entities such as lenders, management companies, contract compliance companies. 4. Scope of work only includes items that are clearly listed above and excludes anything that is not clearly listed.

CONTRACT
Contractor Lic. # 957776
Class A/B/C61/D34/D12
Pacific Play Systems, Inc.

Phone (760) 599-7355
Date 4/1/2026
Est. No. 2026-1359
Contractor
City of Riverside
3900 Main St.,
Riverside 92522
Customer Project Orange Terrace ...

Terms Net 30
Valid for 30 Days
www.pacificplayinc.com
Attached Exhibit B (Terms and Conditions) shall be made a part of this Contract. Total PACIFIC PLAY SYSTEMS, INC. 3288 Grey Hawk Court, Carlsbad, CA 92010 - Phone 760-599-7355 or 855-599-7355 - Fax 760-599-7385 Description Qty Rate Total
We are pleased to submit this Purchase Agreement (hereafter referred to as Agreement) for your review and approval. To place an order, please sign and return a copy to us. By signing below, you (the Purchaser) acknowledge that you are entering into a binding contract with Pacific Play Systems, Inc. for the Scope of Work outlined in this Agreement and agree to its terms and conditions. All payments are due per terms outlined in this agreement. Past due balances are subject to an annual interest rate of 18%. If timely payments are not made by Purchaser and collection becomes necessary, Pacific Play Systems, Inc. shall be entitled to collect interest and all reasonable costs incurred to the extent allowed by law.

ACCEPTED BY CUSTOMER:

Customer’s Name: _____________________ Date accepted: ______________ Signature: ____________________________ Signed By: __________________ ACCEPTED BY PACIFIC PLAY SYSTEMS, INC.:

Federal Tax I.D. #: 27-4620108 - DIR No. 1000012253 Date accepted: ______________ California Contractors License #957776, Classifications: A, B, C61-D12, C61-D34 Signature: ____________________________ Signed By:

CA Sales Tax, Lake Elsinore 8.75% 16,467.37
$213,960.00

1 Pacific Play Systems, Inc. - 3288 Grey Hawk Court, Carlsbad, CA 92010, Phone 760-599-7355 – E-mail: [email protected]

EXHIBIT B - PURCHASE AGREEMENT TERMS AND CONDITIONS (Rev. 9-15-2025)

1. ACTS OF GOD: In the event either party is unable to perform its obligations under the terms of this Agreement because of acts of God, interruption of electrical power or other utilities, shortages of materials and/or labor, manufacturing issues or delays beyond its control, failures or damage reasonably beyond its control, pandemic related issues, or other causes r easonably beyond its control, such party shall not be liable to the other party for any damages resulting from such failure to perform or otherwise from suc h causes. Pacific Play Systems, Inc. and Customer sha ll notify each other as soon as reasonably possible following the occurrence of an event described in this subsection.

2. ASSIGNMENT: Purchaser may not assign this Purch ase Agreement (hereafter referred to as Agreement), by operation of law or otherwise, witho ut the prior written consent of Pacific Play System s, Inc. This Agreement shall be binding upon and inure to the benefit of Pacific Play Systems, Inc. and t he Purchaser, and their successors and permitted assigns.

3. ATTORNEY FEES & EXPENSES: In the event of any di spute under this Agreement, the prevailing party shall be entitled to recover from the other party reasonable attorneys' fees and costs of suit, including any fees and costs incurred in preparation of such suit.

Contract Exhibit B

4. COST ESCALATION CLAUSE: Given the recent dramati c increases in the cost of materials, labor and freight, if Pacific Play’s cost of materials, labor or freight associated with any portion of this project increases by over 5% by the time this project gets installed, Customer shall be responsible for paying the additional cost.

5. DISCOUNTS: Discounts (if any) provided are valid only if Customer completely fulfills his or her obligations under this Contract for the scope identified, including making timely payments per Payment Terms of Contract. Customer’s failure to pay amounts due under this Contract in a timely fashion or reducing the scope of work shall constitute forfeiture of all discounts provided under this Contract and shall increase Contract sum by the amounts of discounts provided.

6. ENTIRE AGREEMENT: This Agreement constitutes the entire agreement between the Parties and supersedes any prior understandings, agreements, or representations by or between the Parties, written or oral, to the extent they relate in any way to the subject matter hereof.

7. GOVERNING LAW: This Agreement shall be governed by and construed in accordance with the domestic laws of the State of California without gi ving effect to any choice or conflict of law provis ion or rule that would cause the application of the laws o f any jurisdiction other than the State of Californ ia.

Jurisdiction shall be the County of San Diego, North County Judicial District.

8. INDEMNIFICATION: To the fullest extent permitted by law, Purchaser shall indemnify, defend and hold harmless Pacific Play Systems, Inc. and its co nsultants, agents and employees or any of them from and against claims, damages, losses and expenses, including but not limited to attorneys’ fees, related to the sale and installation of equipment and/or mater ials sold by Pacific Play Systems, Inc., provided t hat such claim, damage, loss or expense is attributable to bodily injury, sickness, disease or death of a person or to injury to or destruction of tangible property , but only to the extent caused by the negligent ac ts or omissions of the Purchaser or its agents, employees , or sub-contractors or anyone directly or indirect ly employed by them or anyone for whose acts they may be liable, regardless of whether or not such claim,

2 Pacific Play Systems, Inc. - 3288 Grey Hawk Court, Carlsbad, CA 92010, Phone 760-599-7355 – E-mail: [email protected]

damage, loss or expense is caused in part by a party indemnified hereunder. Such obligation shall not be construed to negate, abridge or reduce other rights or obligations of indemnity that would otherwise e xist as to a party or person described in this Section.

9. INSURANCE REQUIREMENTS: Pacific Play Systems, In c. will not provide any insurance coverage in excess of Pacific Play Systems, Inc.’s standard insurance policies. A copy of the Pacific Play Systems, Inc.’s standard insurance policies is available for Purchaser’s review prior to acceptance of this Agreement.

10. This Purchase Agreement excludes any labor of a ny kind or handling of equipment or materials.

Purchaser shall be responsible for proper installation of equipment and materials purchased per manufacturer’s installation instructions and shall not be entitled to back charge Pacific Play Systems for any installation errors, delays, installation, or labor related issues, etc. no matter what the reason is.

10. LIABILITY LIMIT: To the extent permitted by law , Pacific Play Systems’ liability on any claim of any kind, including negligence, for any loss or damage arising out of, connected with or resulting from this Agreement, or from the performance or breach thereof, or from the manufacture, sale, delivery, installation, resale, repair or use of any products or services covered by or furnished under this Agreement, shall in no case exceed the price of the products, services or parts thereof which gives rise to this claim. In no event shall Pacific Play Systems, Inc. be liable for special, incidental or consequential damages, or for damages in the nature of penalties.

11. LEAD TIME: Unless otherwise noted, lead time fo r delivery of equipment varies depending on the type of equipment ordered and can range between 6-24 weeks (+/-) AFTER receipt of a signed Contract, deposit and color selection from the Customer. Lead time does not include time needed for shipping, site work and installation. Lead time may vary for diffe rent projects and different products, depending on product, size and scope of work.

12. MAINTENANCE: Customer shall be responsible for maintenance and upkeep of all acquired equipment and materials associated with this Contra ct, including but not limited to maintenance of equipment, materials, surfacing, drainage system, etc. Playground equipment and surfacing require daily, weekly and monthly inspections. It is common that some bolts may come loose after the initial installation and some use, particularly in moving parts. It shal l be Customer’s responsibility to inspect for loose or missing hardware and attend to it as needed.

13. NOTICES: All notices required by this Agreement shall be in writing and be delivered via email, United States Certified Mail, addressed to the part y to whom such notices are directed. Either party m ay change its address for notices hereunder by giving notice to the other party in the same manner as provided herein.

14. OWNERSHIP: Once equipment and/or materials are delivered to the Purchaser's premises, it is considered delivered and Purchaser shall become responsible for its security. All costs associated with replacement of vandalized and/or stolen equipment, materials shall be Purchaser’s responsibility.

15. PAYMENT TERMS: All payments are due per Contrac t ‘s Payment Terms. Past due balances are subject to an annual interest rate of 18%, or the m aximum allowed by law, whichever is greatest. If payments are not received on time and collection be comes necessary, aside from adding interest, all discounts provided shall be reversed and added to t he contract sum and Pacific Play Systems, Inc. shal l be entitled to collection costs incurred plus attor neys’ fees & expenses to the full extent allowed by the

3 Pacific Play Systems, Inc. - 3288 Grey Hawk Court, Carlsbad, CA 92010, Phone 760-599-7355 – E-mail: [email protected]

applicable laws. Additionally, Pacific Play Systems, Inc. may suspend all warranties until such time that all past due balances, interest and fees are paid in full.

16. RETURNS: Equipment, materials associated with t his Contract are highly customized and shall be considered Non-Returnable. Once the Contact is sign ed and equipment, materials and services are ordered, it cannot be cancelled. No Returns or Subs titutions are permitted under this Contract, unless agreed to in writing by Pacific Play Systems, Inc. If Pacific Play Systems, Inc. agrees to a change involving a reduction in the Scope of Work or the Contract Su m after the award of Contract, Pacific Play Systems , Inc. shall be entitled to charge the Customer a fee 30% of the cost of items deleted for the time and effort put forth into processing those items. Additionally , any discounts associated with the deleted items s hall be reversed.

17. SEVERABILITY: Any term or provision of this Agr eement that is invalid or unenforceable in any situation in any jurisdiction shall not affect the validity or enforceability of the remaining terms a nd provisions hereof or the validity or enforceability of the offending term or provision in any other situation or in any other jurisdiction.

18. SHADE STRUCTURES: Shade structures, shade sails , umbrellas, shelters and canopies (hereafter referred to as Shade Structures) included in the Scope of Work (if any) are non-engineered (no calculations or engineering drawings are provided), non-structural (not rated for fire, wind or earthquakes), unless otherwise noted in writing. Non-engineered, non-structural Shade Structures are considered temporary structures and will not be suitable for i nstallation at locations that require obtaining a p ermit. It shall be Customer’s responsibility to determine if a permit is required for these Shade Structures and communicate same with Pacific Play Systems, Inc. in writing, prior to executing this Contract so that Shade Structures can be designed, fabricated and priced a ccordingly for the structural upgrades needed for engineered structures so that a permit can be obtai ned by others. Unless otherwise noted, if Pacific P lay Systems, Inc. is instructed to obtain a permit, all associated engineering costs shall be billed at co st plus 20% as well as staff time at the rate of $120/hour, plus all applicable costs, permit fees, etc.

19. SHORT SHIP CLAIMS: Purchaser has five (5) days from receipt of the equipment and/or materials to file a short ship or damage report in writing to its sales representative. Pacific Play Systems, Inc. will not honor claims made after this time.

20. STORAGE FEES: If the project is delayed for any reason due to factors beyond Pacific Play Systems, Inc. control, Customer shall become responsible for paying storage fees billed at cost plus 20%.

If a storage container becomes necessary to secure the equipment on site, Customer shall become responsible for covering its cost plus 20%.

21. SUCCESSION & ASSIGNMENT: This Agreement shall b e binding upon and inure to the benefit of the Parties named herein and their respective successors and permitted assigns. A Party may not assign either this Agreement or any of its rights, interes ts, or obligations hereunder without the prior writ ten approval of the other Party. Purchaser shall not as sign this Agreement to any third-party implementati on agencies such as property management companies, contract compliance agencies, etc. without the prior written consent of Pacific Play Systems, Inc.

22. TERMINATION: This Contract shall not be termina ted by either party without material cause.

Pacific Play Systems, Inc. may terminate this Contr act with Customer for lack of payment and for other material breach, if not cured within 10 days of rec eipt of a written notice to Customer. If this Contr act is terminated by any party for any reason, Customer sh all remain fully liable for the cost of equipment a nd

4 Pacific Play Systems, Inc. - 3288 Grey Hawk Court, Carlsbad, CA 92010, Phone 760-599-7355 – E-mail: [email protected]

materials ordered, administrative and other time spent on the project and for services rendered to the full extent allowed by law.

23. THIRD-PARTY BENEFICIARIES: This Agreement creat es no third-party rights or obligations between Pacific Play Systems, Inc. and any other person, including any Owner who is not also a purchaser.

It is understood and agreed that the parties do not intend that any third party should be a beneficiar y of this Agreement.

24. WARRANTY: Equipment warranties are provided by the equipment manufacturers and not by Pacific Play Systems, Inc. Material warranties are provided by the supplier of materials and not by Pacific Play Systems, Inc. When available, Pacific Play Sys tems, Inc. shall provide copies of equipment and material warranties to Purchaser upon request. Customer acknowledges that moving parts (spinners, zip lines, track rides, rope connections, swings, etc.) may require regular maintenance in order to stay operational. Pacific Play Systems shall not be responsible for the maintenance of these items which may involve tightening of bolts, connections, etc.

25. Compliance with Law; Severability : If any provision of this Contract is determined to be invalid, unenforceable, or in conflict with applicable California or federal law, then such law shall control and the provision shall be deemed modified or, if necessary, severed to the extent required to comply with the law. The validity and enforceability of the remaining provisions shall not be affected, and this Contract shall remain in full force and effect.

Riverside City CouncilMay 12, 2026

Riverside City Council
May 12, 2026