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Home My WebLink AboutSDP202200021 Request of Modification, Variance, Waiver 2022-11-08PoPNMMN AGEGROUP: 2-12 2-12 ELEVAMDP�YAC ELEVATEDPLAYACTTIVITIESACCESIBLEBYTRANSFER:O REOD 0 ' YFEM ELEVATEDPLAYACTMTIESACCESIBLEBYRAMP: 0 REOD 0 GROUND LEVELACTIVITY TYPE: 1 REQTI 0 GROUND LEVEL QVA ITY: 6 REQTI 0 F APEMA- CERTIFIED ASTM F1487 e To vergy product cerllficaflon, visit viww.ipema.org Glenbrook at Foothills Phase III - Proposal A Charlottesville, VA AGEGROUP: S12 r m"a ELEVATEDPLAYACTIVITIES-TOTAL: ]5-12 ELEVATED PLAYACTMDESACCESIBLE BYTRANSFER:7 REO'D 4 vRta ELEVATEDPI YACTNITIESACCESIBLE BY RAMP: 0 REQ'0 0 GROUND LEVELACTIVITYTYPE fi REQ'D 2 GROUND LEVEL QUANTITY: 6 REQ'D 2 EMIEFE 14+ 4Mirade Site Concepts L.L.C. PO Box 235 PHONE NO: (434) 823-2745 Crozet,VA FAX NO: (434) 823-2749 R0098 44825395421 To promote safe and proper equipment use by children. Miracle recommends the installation of either a Miracle safety sign or other appropriate safety signa a near each playsystem's main entry point(gs) to inform parents and supervisors of the age appropriateness of the playsystem and general rules for safe play. THE PLAY COMPONENTS IDENTIFIED IN THIS PLAN ARE IPEMA CERTIFIED. THE USE AND LAYOUT OF THESE COMPONENTS CONFORM TO THE REQUIREMENTS OF ASTM F1487. COMPLIES TO ASTM/CPSC GROUND SPACE : ias-s x as'-o° AN ENERGYABSORBING PROTECTIVE SURFACE IS REQUIRED UNDER & AROUND ALL PLAY SYSTEMS PROTECTIVE AREA:205'-0••x58'-a" COMPLIES TO ADA DRAWN BY: George Novey DATE: 7/27/2022 //ES 2-1` iEP°� AGE GROUP: 2-12 AL 0 ELEVATEDPAYACTIVTIESACWSIBLEBVTRANSFER 0 REQD 0 ELEVATED PLAY ACTI ITIESACCESIBLE BV RAMP'. 0 REoD 0 GROUND LEVELACTI ITV TYPE: 1 REQ'D 0 GROUND LEVEL QU TITV: 6 D 0 3.5" ARCH SWING (3 BAY) MR0930 J0y`GPEAY EQU/ay�,Y `IPEMA CERTIFIED AST SE F1487 e . To verify product certification, w tw ioema.or. Glenbrook at Foothills Phase III - Proposal A 8' BELT SEAT W/CHAIN 2840 FRICTION WEAR MAT 32" X 54" BLACK 994167BK 8' BELT SEAT W/CHAIN 2840 FRICTION WEAR MAT 32" X 54" BLACK 994167BK 60 DEG IT SEAT 8' 2990 Charlottesville, VA SADDLE SEAT ANGLED POST 9451 THERAPEUTIC HANDRINGS TAPERED TOWER 7048465 4544 TRY -RING 71871215 VD LADDER 3 71881553 DECK 1 S- RI \ TWISTED VINE 89 CLIMBER 7188,6725 5, K DECK �ocnnn 405 TYPHOON SLIDE XY 71874959 SLOPED \ CLIMB WALL 71875725 BENCH W/BACK 6' DIAMOND ING MRSG303D BENCH W/BACK 6' DIAMOND ING MRSG303D `l POINT 8851359 MAYPOLE 753 VERTICAL LADDER 718815 PLAYCOVER SAIL \ 12' X 12' 71866912S BENCH (BELOW DECK) 7188172B GROOVE II O SLIDE 7186385 SURFER 9461 / \ VIPPY SEE SAW 8021549 AGE GROUP: 5-12 ELEVATED PILAYACTIVITIES -TOTAL 7 ELEVATED PLAVACTIVITIESACCESIBLE BY TRANSFER READ ELEVATED PLAYACTIVITIES ACCESIBLE BY RAMP: 0 REQ'0 0 GROUND LEVELACTIVITVTVPE 6 REQD 2 GROUND LEVEL QUANTITY 8 REQD 2 14+ YEARS BREAKAWAYS (BASE 4X) 4545 (ADD -ON 2X) 4545X i BENCH W/BACK 6' DIA MRSG303D Miracle.. Site Concepts L.L.C. PO Box 235 PHONE NO: (434) 823-2745 Crozet,VA FAX NO: (434) 823-2749 R0098 44825395421 To promote safe and proper equipment use by children. Miracle recommends the installation of either a Miracle safety sign or other appropriate safety signa a near each playsystem's main entry point(gs) to inform parents and supervisors of the age appropriateness of the playsystem and general rules for safe play. THE PLAY COMPONENTS IDENTIFIED IN THIS PLAN ARE IPEMA CERTIFIED. THE USE AND LAYOUT OF THESE COMPONENTS CONFORM TO THE REQUIREMENTS OF ASTM F1487. COMPLIES TO ASTM/CPSC GROUND sPACE:1as'-s X 46'-0" AN ENERGYABSORBING PROTECTIVE SURFACE IS REQUIRED UNDER & AROUND ALL PLAY SYSTEMS PROTECTIVE AREA:205'-0••X 58'-0" COMPLIES TO ADA DRAWN BY: George Novey DATE: 9/21/2022 Glenbrook at Foothills Phase III Miracle Recreation Proposal A Miracle Glenbrook at Foothills Phase III Mirnrla Darraatinn Drnnncnl A Miracle Ad Miracle Recreation Equip. Co. 4Mirade $ 8858° 2°$ Prepared For: Ashley Davies Riverbend Development 455 2nd Street SE, Suite 201 Charlottesville, VA 22902 434-409-9127(phone) ashley@riverbenddev.com Quote Number: R0098222170 Quote Date: 9/21/2022 Valid For: 30 Days From Quote Date Project Name & Location: Proposal A Attn: Glenbrook at Foothills QUOTE: R0098222170 Project: R0098_44825395421_01 Prepared by: George Novey for Miracle Recreation Site Concepts - Northern VA Office (434) 823-2745 (phone) (434) 823-2749 (fax) george@siteconceptsva.com Site Furnishings Product line: Wabash-PlayPower Part Number Description Qty Weight Unit Price Total MRSG303D BENCH W/BACK 6' DIAMOND ING 6 113.00 488.00 2,928.00 MRSP300D SWING W/CHAIN 4' DIAMOND 2 105.00 868.00 1,736.00 MRSP31ON POST ROUND ING 2 95.00 421.00 842.00 Fitness Product line: Freestanding; Age group: 13+ Part Number Description Qty Weight Unit Price Total 92592OZ TOUCH UP PAINT KIT (NO PRICE) 1 2.00 0.00 0.00 OTSM1 OTS GROUP FIT 1 1 2,165.00 21,000.00 21,000.00 Swings Product line: Freestanding; Age group:2-12 Part Number Description Qty Weight Unit Price Total 2840 SWG PART SLASH PROOF SEAT W/CHAIN (8' TR) 4 10.00 137.00 548.00 2990 SWG PART TOT SEAT 360 DEG W/CHAIN (8' TR) 2 15.00 202.00 404.00 MR0930 3.5" ARCH SWING- (2 SEAT REQ'D) 1 286.00 2,296.00 2,296.00 MR0932 3.5" ARCH SWG-ADD-A-BAY (2 ST REQ'D) 2 179.00 1,378.00 2,756.00 Freestanding Product line: Freestanding; Age group: 5-12 Part Number Description Qty Weight Unit Price Total 4545 BREAKAWAYS (BASE 4X) 1 450.00 5,091.00 5,091.00 4545X BREAKAWAYS (ADD -ON 2X) 1 225.00 2,532.00 2,532.00 753 MAYPOLE 1 275.00 4,001.00 4,001.00 8021549 VIPPYSEE SAW 1 655.00 1,775.00 1,775.00 9451 SADDLE SEAT, ANGLED POST 1 65.00 836.00 836.00 9461 SURFER 1 65.00 805.00 805.00 9/22/2022 Page 1 of 4 QUOTE: R0098222170 Play Structure Product line: TotsChoice; Age group: 5-12 Part Number Description Qty Weight Unit Price Total 4544 TAPERED TOWER 1 600.00 6,428.00 6,428.00 7048465 THERAPEUTIC HAND RINGS 1 25.00 544.00 544.00 714999Z CUSTOMER SERVICE KIT (NO PRICE) 1 7.00 0.00 0.00 7185029 SQUARE DECK (ATTACHES TO 4 POSTS) 3 100.00 993.00 2,979.00 7185493 31/2" OD X 106" POST (3' DK) 1 35.00 184.00 184.00 7185494 31/2" OD X 118" POST (4' DK) 1 40.00 209.00 209.00 7185505 31/2" OD X 216" POST FOR 5' DK W/TOPPER 4 55.00 301.00 1,204.00 718551 31/2" OD X 100" POST (2' 6" DKS OR LESS) 1 35.00 175.00 175.00 718552 31/2" OD X 130" POST (3' TO 5' DKS) 4 40.00 224.00 896.00 718553 31/2" OD X 148" POST (5'6" TO 6' 6" DKS) 2 45.00 249.00 498.00 7186385 GROOVE II SLIDE (5' DECK) 1 200.00 2,013.00 2,013.00 71866912S PLAYCOVER SAIL 12' X 12', STANDARD FABRIC 1 460.00 6,442.00 6,442.00 71871215 HORIZONTAL TRY -RING RH (ONLY) 1 45.00 802.00 802.00 71874959 6'2" TYP SLIDE 405 D (5' DK) 1 1,500.00 7,275.00 7,275.00 71875725 SLOPED CLIMBING WALL (4' & 5' DK) 1 200.00 2,639.00 2,639.00 7188135 DECK ENCL FOR OVERHEAD CLIMBER (ONLY) 1 20.00 267.00 267.00 7188135 DECK ENCL FOR OVERHEAD CLIMBER (ONLY) 1 20.00 267.00 267.00 718815 VERTICAL LADDER CLIMBER (5' DK) 1 35.00 622.00 622.00 71881553 END LADDER STOP RUNG FOR OH CLIMBER 1 35.00 462.00 462.00 7188172B BENCH PANEL (BELOW DECK) 1 50.00 1,185.00 1,185.00 718851359 SQ TRSFR POINT, OPN HR (3' DK) 1 200.00 2,425.00 2,425.00 71886725 TWISTED VINE CLIMBER (5' DK) 1 80.00 1,257.00 1,257.00 7189599 ADA STAIRS BTWN DECKS W/2' RISE CLSD HR 1 205.00 2,262.00 2,262.00 RiskSign_Included Part Number Description Qty Weight Unit Price Total 787Z RISK MANAGEMENT SIGN - ENGLISH (NO PRICE) 1 0.00 0.00 0.00 Parts By Other Part Number Description Qty Weight Unit Price Total Plastic 4' Black plastic perimeter borders w/ opening kit & rubber 1 0.00 4,960.00 4,960.00 Borders wear mats under belt seats - delivered & installed Totals: Equipment Weight: 10,256.00lbs Equipment List: $88,585.00 Discount Amount: -$24,923.00 Equipment Price: $63,662.00 Freight: $4,296.57 Installation: $29,233.00 Products by Other: $4,960.00 SubTotal: $102,151.57 Estimated Sales Tax': $3,374.09 Grand Total: $105,525.65 Notes: • Wood mulch safety surfacing has been removed from this proposal. Safety surfacing will be re -priced at market rates near the time of equipment delivery. Customer can choose to add surfacing or supply their own at that time. (For budgetary purposes, current cost of 200 cy of playground certified mulch is approx $9,500.00 - delivered & installed.) 9/22/2022 Page 2 of 4 QUOTE: R0098222170 • 50% deposit required unless other credit terms are established with Miracle Recreation. Additional savings offered if project paid in full by check/ACH when ordering. Ask for details. Proposal given site unseen. Flat and accessible area required or additional charges may apply. Proposal does not include the following scopes: o excavation o grading o drainage o safety surfacing o fencing o walkways 0 other site work not called out in quote above. ROCK CLAUSE: Rocky digging conditions will add $95/man-hour plus extra equipment expenses. Customer will be notified if unusually rocky conditions are encountered by installer and will need to approve any additional charges. INSTALL - Conditions of normal operations: Prices assume normal soil conditions and do not include rock excavation. Unless otherwise noted quote does not include prevailing wages, permits, state or local approvals, performance bond, engineering seals, soil testing, sub -grade drainage, security fencing, or landscaping. Work will require use of heavy equipment. Access to the work site must be available for skid steer loader type equipment. Expect some site disturbance to grounds in the performance of the project. Underground utility locations responsibility: Our installers will notify Miss Utility to locate underground public utilities prior to the beginning of any excavation. These services only locate utilities belonging to the service provider. Any applicable underground utilities will be marked by Miss Utility of VA only up to the point of private ownership. It is the responsibility of the owner/contractor to identify and locate any privately owned underground utilities that are located in the area. Any damages or repairs to private owned utilities are not the installer's responsibility if private utilities are not located. Installer down time due project delays caused by any non -located private utilities could result in back charges. If damage to utilities (public or private) is un-avoidable during the installation, another installation site or re- location of the utilities may be necessary to continue. This Quote shall not become a binding contract until signed and delivered by both Customer and Miracle Recreation Equipment Company ("Miracle"). Sales Representative is not authorized to sign this Quote on behalf of Miracle or Customer, and signed Quotes cannot be accepted from Sales Representative. To submit this offer, please sign below and forward a complete signed copy of this Quote directly to "Miracle Sales Administration" via fax (417) 235-3551 or email: orders@miraclerec.com. Upon acceptance, Miracle will return a fully -signed copy of the Quote to Customer (with copy to Sales Representative) via fax or email. THIS QUOTE IS LIMITED TO AND GOVERNED BY THE TERMS CONTAINED HEREIN. Miracle objects to any other terms proposed by Customer, in writing or otherwise, as material alterations, and all such proposed terms shall be void. Customer authorizes Miracle to ship the Equipment and agrees to pay Miracle the total amount specified. Shipping terms are FOB the place of shipment via common carrier designated by Miracle. Payment terms are Net-30 days from invoice date with approved credit and all charges are due and payable in full at PO Box 734154, Dallas, TX 75373-4154, unless notified otherwise by Miracle in writing. Customer agrees to pay all additional service charges for past due invoices. Customer must provide proper tax exemption certificates to Miracle, and shall promptly pay and discharge all otherwise applicable taxes, license fees, levies and other impositions on the Equipment at its own expense. Purchase orders and payments should be made to the order of Miracle Recreation Equipment Company. Quote Number: R0098222170 Quote Date: 9/21/2022 Equipment: $83,079.00 Grand Total: $105,525.65 CUSTOMER HEREBY SUBMITS ITS OFFER TO PURCHASE THE EQUIPMENT ACCORDING TO THE TERMS STATED IN THIS QUOTE AND SUBJECT TO FINAL APPROVAL BY MIRACLE. Submitted By Printed Name and Title Date THE FOREGOING QUOTE AND OFFER ARE HEREBY APPROVED AND ACCEPTED BY MIRACLE RECREATION EQUIPMENT By: Date: ADDITIONAL TERMS & CONDITIONS OF SALE 1. Use & Maintenance. Customer agrees to regularly inspect and maintain the Equipment, and to provide, inspect and maintain appropriate safety surfacing under and around the Equipment, in accordance with Miracle's product literature and the most current Consumer Product Safety Commission Handbook for Public Playground Safety. 9/22/2022 Page 3 of 4 QUOTE: R0098222170 2. Default, Remedies & Delinquency Charges. Customer's failure to pay any invoice when due, or its failure to otherwise comply with the terms of this Quote, shall constitute a default under all unsatisfied invoices ("Event of Default"). Upon an Event of Default, Miracle shall have all remedies available to it at law or equity, including, without limitation, all remedies afforded a secured creditor under the Uniform Commercial Code. Customer agrees to assist and cooperate with Miracle to accomplish its filing and enforcement of mechanic's or other liens with respect to the Equipment or its location or its repossession of the Equipment, and Customer expressly waives all rights to possess the Equipment after an Event of Default. All remedies are cumulative and not alternative, and no exercise by Miracle of a remedy will prohibit or waive the exercise of any other remedy. Customer shall pay all reasonable attorneys fees plus any costs of collection incurred by Miracle in enforcing its rights hereunder. Subject to any limitations under law, Customer shall pay to Miracle as liquidated damages, and not as a penalty, an amount equal to 1.5% per month of any payment that is delinquent in such month and is not received by Miracle within ten (10) days after the date on which due. 3. Limitation of Warranty/ Indemnity. MIRACLE MAKES NO EQUIPMENT WARRANTIES EXCEPT FOR THOSE STANDARD WARRANTIES ISSUED WITH THE EQUIPMENT, WHICH ARE INCORPORATED HEREIN BY THIS REFERENCE. MIRACLE SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND ANY LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. CUSTOMER AGREES TO DEFEND, INDEMNIFY AND SAVE MIRACLE HARMLESS FROM ALL CLAIMS OF ANY KIND FOR DAMAGES OF ANY KIND ARISING OUT OF CUSTOMERS ALTERATION OF THE EQUIPMENT, ITS FAILURE TO MAINTAIN THE EQUIPMENT, ITS FAILURE TO PROPERLY SUPERVISE EQUIPMENT USE, OR ITS FAILURE TO PROVIDE AND MAINTAIN APPROPRIATE TYPES AND DEPTHS OF SAFETY SURFACING BENEATH AND AROUND THE EQUIPMENT IN ACCORDANCE WITH MIRACLES INSTALLATION AND OWNERS MANUALS AND THE MOST CURRENT CONSUMER PRODUCT SAFETY COMMISSION HANDBOOK FOR PUBLIC PLAYGROUND SAFETY. 4. Restrictions. Until all amounts due hereunder are paid in full, Customer shall not: (i) permit the Equipment to be levied upon or attached under any legal process; (ii) transfer title to the Equipment or any of Customer's rights therein; or (iii) remove or permit the removal of the Equipment to any location not specked in this Quote. 5. Purchase Money Security Interest. Customer hereby grants, pledges and assigns to Miracle, and Miracle hereby reserves a purchase money security interest in, the Equipment in order to secure the payment and performance in full of all of Customer's obligations hereunder. Customer agrees that Miracle may file one or more financing statements, in order to allow it to perfect, acquire and maintain a superior security interest in the Equipment. 6. Choice of Law and Jurisdiction. All agreements between Customer and Miracle shall be interpreted, and the parties' obligations shall be governed, by the laws of the State of Missouri without reference to its choice of law provisions. Customer hereby consents to the personal jurisdiction of the state and federal courts located in the city and county of St. Louis, Missouri. 7. Title; Risk of Loss; Insurance. Miracle Retains full title to all Equipment until full payment is received by Miracle. Customer assumes all risk of loss or destruction of or damage to the Equipment by reason of theft, fire, water, or any other cause, and the occurrence of any such casualty shall not relieve the Customer from its obligations hereunder and under any invoices. Until all amounts due hereunder are paid in full, Customer shall insure the Equipment against all such losses and casualties. 8. Waiver; Invalidity. Miracle may waive a default hereunder, or under any invoice or other agreement between Customer and Miracle, or cure such a default at Customer's expense, but shall have no obligation to do either. No waiver shall be deemed to have taken place unless it is in writing, signed by Miracle. Any one waiver shall not constitute a waiver of other defaults or the same kind of default at another time, or a forfeiture of any rights provided to Miracle hereunder or under any invoice. The invalidity of any portion of this Quote shall not affect the force and effect of the remaining valid portions hereof. 9. Entire Agreement; Amendment; Binding Nature. This fully -executed Quote, as supplemented by Change Orders and invoices containing exact amounts of estimates provided herein, constitutes the complete and exclusive agreement between the parties. A Change Order is a written instrument signed by the Customer and Miracle stating their agreement as to any amendment in the terms of this Quote. Customer acknowledges that Change Orders may result in delays and additional costs. The parties agree that all Change Orders shall include appropriate adjustments in price and time frames relating to any requested amendments. Upon full execution, this Quote shall be binding upon and inure to the benefit of the parties and their successors and assigns. 10. Counterparts; Electronic Transmission. This Quote, any invoice, and any other agreement between the parties, may be executed in counterparts, each of which shall constitute an original. The facsimile or other electronic transmission of any signed original document and retransmission of any signed facsimile or other electronic transmission shall be the same as the transmission of an original. At the request of either party, the parties will confirm facsimile or other electronically transmitted signatures by signing an original document. Rev E 021815 9/22/2022 Page 4 of 4 QUOTE: R0098222170