HomeMy WebLinkAbout20120297.tiff WELD COUNTY ATTORNEY'S OFFICE
INateitAt 1150 O STREET
P.O. BOX 758
r - GREELEY, CO 80632-0758
WEBSITE: www.co.weld.co.us
LP I ' PHONE: (970) 336-7235
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FAX: (970) 352-0242
January 24,2012
Douglas D. Konkel, Esq.
1405 S. College Avenue, Suite 1
Fort Collins, CO 80524
Re: Follow-up to December 12, 2011, Meeting
Regarding Gerrard Excavating, Inc.
Dear Mr. Konkel:
This letter is in response to our December 12,2011,meeting with the Board of County
Commissioners of Weld County regarding Gerrard Excavating, Inc. ("Gerrard Excavating").
As you may recall,we discussed with the Board the County's offer of a cash payment of the
difference between the total cost of$262,811 and the contracted amount of$197,798.33
($65,012.67),plus credits in the sum of$98,899.17(of which$6,065.28 has already been
utilized by Gerrard Excavating). The cash payment is$6,065.28 higher than what was offered in
my letter to Gerrard Excavating of March 7, 2011. The Board heard the concerns and arguments
put forth by you and Nathan Gerrard. The Board also heard from various staff members from
Planning Services and the Department of Public Works.
After consideration,the Board believes that the above-stated offer is fair compensation for
Gerrard Excavating. The paving completed by the company was for a 10-year life that was in-
lieu of a continued dust control requirement for the company. It was not an improvement
"intended to meet the same need for capital facilities for which the road impact fee is imposed
pursuant to the terms of this chapter,"as you quote out of Code Section 20-1-400 C in the first
paragraph of your letter. Rather, it was a site-related improvement for USR-1584, and pursuant
to Section 20-1-400 F, not normally eligible for road impact fee credits. The improvement was
intended to act as permanent mitigation of the dust kicked up by company trucks. It was not to
act as full road construction like what was performed south of the railroad tracks. The
improvement allows the company to avoid an annual estimated cost of$21,120 dollars to treat a
half mile of road(WCR 13 from U.S. Highway 34 to the railroad tracks,assuming average
conditions). This amounts to a total cost savings to date to Gerrard Excavating of$105,600.
Therefore,the Board does not feel that the County was unjustly enriched by Gerrard Excavating,
especially with the above-stated offer.
2012-0297
CQYYvrnan
-3O 0213/(P- PL /27c.
Douglas D. Konkel, Esq.
January 24,2012
Page 2
Please let me know if Gerrard Excavating plans to accept this offer. Feel free to call me at(970)
356-4000,ext. 4390, if you wish to discuss this matter further.
•
erel
e T. Barker
Weld County Attorney
pc: David Bauer, County Engineer
Trevor Jiricek, Director, Planning Service
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