HomeMy WebLinkAboutLetter of AuthorityJim Wilson
From: Judy <judy@metro-district.com>
Sent: Monday, February 05, 2018 3:11 PM
To: Jim Wilson
Cc: Doug Choate
Subject: Letter to Robert McGruder (R&R Construction)
Attachments: R&R Construction Letter and Contract for Restroom_000087.pdf
Jim,
Mr. McGruder requested that Doug Choate, the Project Manager for the Community Park, have me
send a letter authorization him to file for permits with Garfield County. This seems odd and my letter
indicates that. It is clearly spelled out in the contract which is attached to the letter.
would like to personally apologize for this lapse. It is ultimately my responsibility to make sure we
have applied for all permits with Garfield County.
Doug: I do not have R&R Construction email address. Can you provide? If not, mailing could extend
this and I do not want that.
Sincerely,
Judy Bertrand, Owner & CEO
Metropolitan District Management
23005 Whispering Woods
Golden, CO 80401
303-704-9438
www.metro-district.com
Judy metro -district. com
1
Mr. Robert McGruder
R&R Construction
230 Clarkson Ave.
Rifle, CO 81650
Mr. McGruder
114
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Park and Recreation District
c/o Metropolitan District Management
23005 Whispering Woods
Golden, CO 80401
February 5, 2018
Re: Your request for authorization to obtain permits for Parachute Battlement Mesa
Park & Recreation District
Your request today of Doug Choate to have me write a letter giving you authorization to
apply for permits with Garfield County seems redundant to me as it is clearly stated in the
attached contract dated May 18, 2017. Please refer to Section #6 "Compliance with Laws" and
in Exhibit A: "Scope of Work", Item #2. You obviously have, and have had, our authorization to
apply for these permits.
1 have instructed Doug to stop work on the walk-in cooler at the Battlement Mesa Golf
Course until you have provided Mr. Jim Wilson at Garfield County Building Department with
the documentation he needs. I believe it is 2 sets of plans, but you need to contact him
immediately at 970-945-8212 to get this resolved.
I also informed Mr. Wilson of the construction for the walk-in cooler and you should ask
him about the required permits for this project. Any work on this project will stop until we
have verification from Mr. Wilson that he has what he needs from you.
As you know we have had, and will continue to have, numerous capital improvement
projects. Unless this issue is resolved, we will not enter into any future contracts with you for
construction services.
Sincerely,
Judy Bertrand
PBMPRD District Manager
Cc: Jim Wilson, Garfield County Building Department.
employment screening of job applicants while the public contract for work is being performed. If the
Contractor obtains actual knowledge that a subcontractor performing work under this Agreement
knowingly employs or contracts with an illegal alien, the Contractor shall: (i) notify the subcontractor
and the District within three (3) days that the Contractor has actual knowledge that the subcontractor is
employing or contracting with an illegal alien; and (ii) terminate the subcontract with the subcontractor
if within three (3) days of receiving such notice, the subcontractor does not stop employing or
contracting with the illegal alien, unless the subcontractor provides information to establish that the
subcontractor has not knowingly employed or contracted with an illegal alien. The Contractor shall
comply with all reasonable requests made in the course of an investigation by the Colorado Department
of Labor and Employment. If the Contractor fails to comply with any requirement of Section 8-17.5-
102(2), C.R.S., the District may terminate this Agreement for breach, and the Contractor shall be liable
for actual and consequential damages to the District. If the Contractor participates in the Department
Program, the Contractor shall provide the affirmation required under Section 8-17.5-102(5)(c)(II), C.R.S.,
to the District.
The Contractor, if operating as a sole proprietor, hereby swears or affirms under penalty of
perjury that the Contractor (i) is a citizen of the United States or legal permanent resident or otherwise
lawfully present in the United States pursuant to federal law, (ii) shall comply with the provisions of
Section 24-76.5-101 et seq., C.R.S., and (iii) shall produce one of the forms of identification required by
Section 24-76.5-103, C.R.S., prior to the performance of any of its other obligations hereunder.
6. Compliance with Laws. The Contractor is obligated to familiarize itself and comply with
all laws applicable to the performance of the Scope of Work. Contractor shall obtain all appropriate
permits or licenses required by any and all local government agencies for the work at 273 Sipprelle
Drive, Battlement Mesa, Colorado. Should any fines be incurred for failure to obtain appropriate
permits or licenses, Contractor shall pay and/or compensate PBMPRD for those fees.
7. Indemnification; No Waiver of Liability. The Contractor agrees to indemnify, defend,
and hold harmless the District, its respective officers, directors and customers, from any and all damages
and liabilities arising from the Contractor's negligent, reckless, willful or wants acts and omissions in
connection with this Agreement; including injury to persons and loss of, or damage to tangible or
intangible property.
12. Insurance. Contractor agrees to hold District harmless for any physical injuries or
damages sustained by its employees while performing District Management work. Contractor will
provide to the District Professional and General Liability insurance coverage in an amount not Tess than
$1,000,000 and will provide such proof to the District Manager and maintain such while performing
work to the District. If applicable to R&R Construction, Contractor shall obtain Workers Compensation
Insurance.
13. Binding Effect. This writing constitutes the entire agreement between the Parties and
shall be binding upon the Parties, their officers, employees, agents and assigns and shall inure to the
benefit of the respective survivors, heirs, personal representatives, successors and assigns of the Parties.
14. Law; Venue. The laws of the State of Colorado shall govern the construction,
interpretation, execution and enforcement of this Agreement. Venue for any dispute between the
Parties arising out of or relating to this Agreement shall be in the District or County Court for Boulder
County, Colorado.
i'agc 2 ors
15. Severability. In the event, any provision of this Agreement shall be held invalid or
unenforceable by any court of competent jurisdiction, such holding shall not invalidate or render
unenforceable any other provision of this Agreement.
16. Ownership of Work Product. All documents such as reports, plans, accounting and
financial information, equipment, information, and other materials prepared or furnished by the
Contractor and paid for pursuant to this Agreement are instruments of public information and property
of the District. Any items furnished by the District to the Contractor under this Agreement are to remain
the property of the District.
17. Taxes. The District is a governmental entity and is therefore exempt from state and
local sales and use tax. The District will not pay for or reimburse any sales or use tax that may not
directly be imposed against the District. The Contractor shall use the District's sales tax exemption for
the purchase of any and all products and equipment on behalf of the District.
18. Time Is of the Essence. All times stated in this Agreement are of the essence.
19. Notices. All notices which are required or which may be given under this Agreement
shall be effective when mailed via registered or certified mail, postage prepaid and sent to the address
first set forth above.
20. Counterparts, Electronic Signatures and Electronic Records. This Agreement may be
executed in two counterparts, each of which shall be an original, but all of which, together, shall
constitute one and the same instrument. The Parties consent to the use of electronic signatures and
agree that the transaction may be conducted electronically pursuant to the Uniform Electronic
Transactions Act, § 24-71.3-101, et seq., C.R.S. The Agreement and any other documents requiring a
signature may be signed electronically by either Party. The Parties agree not to deny the legal effect or
enforceability of the Agreement, solely because it is in electronic form or because an electronic record
was used in its formation. The Parties agree not to object to the admissibility of the Agreement in the
form of an electronic record, a paper copy of an electronic document, or a paper copy of a document
bearing an electronic signature on the grounds that it is an electronic record or an electronic signature
or that it is not in its original form or is not an original.
21. No Third-Partv Beneficiaries. The Parties to this Agreement do not intend to benefit any
person not a party to this Agreement. No person or entity, other than the Parties to this Agreement,
shall have any right, legal or equitable, to enforce any provision of this Agreement.
22. Written Notifications. Written notifications will be mailed to
Contractor at:
R&R Construction
230 Clarkson Avenue
Rifle, CO 81650
District at:
Parachute Battlement Mesa Parks and Recreation District
Page 3 ors
Contractor at:
R&R Construction
230 Clarkson Avenue
Rifle, CO 81650
District at:
Parachute Battlement Mesa Parks and Recreation District
23005 Whispering Woods
Golden, CO 80401
CONTRACTOR:
By:
Printed: Robert McGruder
Name: R&R Construction
Title: Owner
Date: %3 .ee/7
DISTRICT:
By:
Printed- Judy Bertra
Name: Parachute Battlement Mesa Park & Rec District
Title: District Oversight Manager
Date:
Page 4 ors
EXHIBIT A
SCOPE OF WORK
Contractor shall have the authority to construct the restroom and maintenance building at the
Community Park, 273 Sipprelle Drive, Battlement Mesa, Colorado However, Contractor shall have no
rights or authority to take any action, expend any sum, incur any obligation or otherwise obligate the
District in any manner other than those specifically provided for in this Agreement or as authorized by
the District Oversight Manager; or by Board Resolution; or as reflected in the Minutes of the Board
meetings.
R&R Construction agrees to perform all work in a responsible and professional manner. R&R
Construction agrees that the compensation referenced in Item 3 of this Agreement includes:
1. Obtaining all appropriate materials necessary to complete the Restroom and Maintenance
building as detailed in the attached Detailed Plan, Exhibit B. Including, but not limited to:
a. Interior and Exterior walls
b. Roofing and Ceiling material
c. Concrete foundation and sidewalks
d. Sheet rock and drywall
e. Hot water heater
f. Sinks
g. Toilets
h. Doors & Windows
2. Insuring all permits and licenses have been obtained from appropriate government agencies
associated with 273 Sipprelle Drive, Battlement Mesa, Colorado.
3. Preparing the ground for the construction of said restroom and maintenance building.
4. Insure building meets code and is in compliance with ADA.
5. Providing all labor for completion of restroom and maintenance building.
6. Pay all subcontractors and provide proof of payment to the District Oversight Manager prior to
final payment and release of retainage.
7. Obtaining all necessary trash receptacles and removing all debris associated with this project.
8. Provide the Director of Parks, Doug Choate with updates on the progress of construction.
Page 5uf5
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COMMUNITY PARK RESTROOM CONSTRUCTION AGREEMENT
THIS AGREEMENT is made and entered into the most recent day and year set forth below by and
between Battlement Mesa Parks and Recreation District, a quasi -municipal corporation and political
subdivision established under Title 32 of the State of Colorado ("PBMPRD" or "District"), whose mailing
address is 23005 Whispering Woods, Golden, CO 80401 and R&R Construction 'Robert and BeaAnn
McGruder', ("Contractor"), whose mailing address is 230 Clarkson Avenue, Rifle, CO, 81650. The District
and the Contractor are sometimes referred to herein individually as a "Party" and collectively as the
"Parties."
WITNESSETH:
In consideration of the mutual covenants and obligations herein expressed, it is agreed by and
between the Parties as follows:
1. Scope of Work. The Contractor agrees to provide construction of the restroom and
maintenance building for the Community Park, 273 Sipprelle Drive, Parachute, Colorado for PBMPRD; as
supplemented by the Scope of Work, attached as Exhibit A and the Detail Plans for said building,
attached as Exhibit B; hereto which is incorporated herein by this reference. All provisions of any
Additional Scope of Work, including without limitation any terms and conditions included therein, shall
be subject to the provisions of this Agreement. In the event of any inconsistency between the
provisions of this Agreement and any additional Scope of Work the provisions contained within this
Agreement shall control.
2. Time of Commencement and Completion of Work. The work to be performed pursuant
to this Agreement shall be completed no later than September 1, 2017.
3. Compensation. In consideration of the work to be performed pursuant to the Scope of
Work, the District agrees to pay the Contractor the amount of Fifty-nine thousand two hundred and fifty
dollars ($59,250.00). A 20% retainage will be held until the construction project is complete and
approved by the Director of Parks, Doug Choate. PBMPRD will compensate Contractor in 3 installments
and will provide the first installment prior to beginning construction in order for Contractor to purchase
material.
4. Independent Contractor. The work to be performed by the Contractor are those of an
independent contractor and not of an employee of the District. Contractor is solely responsible for
paying wages, taxes, salaries, benefits and any other compensation or claims by its employees. The
Contractor will not subcontract any of its obligations in connection with this Agreement without the
District's prior written consent.
5. Illegal Aliens. The Contractor certifies that the Contractor shall comply with the
provisions of Section 8-17.5-101 et seq., C.R.S. The Contractor shall not knowingly employ or contract
with an illegal alien to perform work under this Agreement or enter into an agreement with a
subcontractor that knowingly employs or contracts with an illegal alien. The Contractor represents,
warrants and agrees that it has confirmed the employment eligibility of all employees who are newly
hired for employment to perform work under this Agreement through participation in either the E -
Verify Program or the Department Program described in Section 8-17.5-101, C.R.S. The Contractor shall
not use either the E -Verify Program or the Department Program procedures to undertake pre -
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