HomeMy WebLinkAbout20102904.tiff ` i •
153 RESOLUTION
RE: APPROVE RIGHT-OF-WAY USE PERMIT AND ACCEPT COLLATERAL FOR TWO (2)
YEAR WARRANTY OF WORKMANSHIP - KERR-MCGEE GATHERING, LLC
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS,on November 23, 2010,the Weld County Department of Public Works accepted
and approved a Right-of-Way Use Permit (RW10-00401), for Kerr-McGee Gathering, LLC, 1201
Lake Robbins Drive, The Woodlands, Texas 77380, for a Two (2)Year Warranty of Workmanship
regarding the installation of a 20-inch natural gas pipeline under County Roads 22, 24, and 26, on
the following described real estate, to-wit:
County Road 22, 24, and 26 Crossings between
Sections 3, 10, and 15 of Township 2 North,
Range 67 West of the 6th P.M., Weld County,
Colorado
WHEREAS, pursuant to the terms of said permit, the Board has been presented with a
Performance and Maintenance Bond, SUR0002593, from Argonaut Insurance Company, 225 West
Washington Street, 6th Floor, Chicago, Illinois 60606, in the amount of$15,000.00,which includes a
$5,000 warranty per crossing, and
WHEREAS, after review, the Board deems it advisable to accept said Performance and
Maintenance Bond as stated above, a copy of which is attached hereto and incorporated herein by
reference.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that Performance and Maintenance Bond, SUR0002593, from Argonaut
Insurance Company, 225 West Washington Street, 6th Floor, Chicago, Illinois 60606, in the amount
of $15,000.00, be and hereby is, accepted.
err/ik ee
1111111/11 111111111111111 111111 11111 111 11111 III 1111 I - ti 2010-2904
3744153 01/10/2011 11:44A Weld County, CO EG0062
1 of 2 R 0.00 D 0.00 Steve Moreno Clerk& Recorder
RIGHT-OF-WAY USE PERMIT— KERR-MCGEE GATHERING, LLC
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted by
the following vote on the 13th day of December, A.D., 2010.
OARD OF COUNTY COMMISSIONERS
E lle,�4�,/- D COUNT COLORADO
ATTEST:
�{ =,O:e •l:'y=s ademach-r, • hair
Weld County Clerk to the Boar.'
•
(!,i ( .ara Kirkmeyer, Pro-Tem
\(-
Depu Clerk the Board
Sean P. Conw
rM
: ��
Wil 'am F. Garda
ounty Attorney Q,,,3 C C)LN
David E. Long
Date of signature: ' a(u
111111111111111111IIII 111111 IllIlI IIIII III 11111 IIII IIII 2010-2904
3744153 01/10/2011 11:44A Weld County, CO EG0062
2 of 2 R 0.00 D 0.00 Steve Moreno Clerk& Recorder
cett MEMORANDUM
1111D C
COLORADO TO: Clerk to the Board DATE: December 8, 2010
FROM: Josh Holbrook, Public Works
SUBJECT: Agenda Item
Approval of the (attached) two-year bond for Right-of-Way Permit # RW 10-00401.
Permit Applicant: Kerr-McGee Gathering, LLC
Description of ROW use: New 20" steel gas pipeline to be bored under CR 22, 24, and 26.
Tracking mats/pads to be used where equipment crosses the county roads.
pc: Janet Carter, Traffic Engineer
M:\Francie\Agenda-PERMIT BONDS.docx
2010-2904
WELD COUNTY RIGHT-OF-WAY USE PERMIT
Weld County Public Works Dept. asp COQ Phone: (970)304-6496
1111 H Street s ''+-��t After Hours: (970)356-4000
P.O. Box 758 I Emergency Services: (970) 304-6500 x 2700
Greeley, CO 80632 , Inspection: (970)304-6480
crt W°
Permit Number: RW10-00401
Issuance of this permit binds applicant and its contractors to all requirements,provisions,and ordinances of Weld County,Colorado.
A copy of this permit must be on site at all times during construction hours.
Approved MUTCD traffic control/warning devices are required at all times.
Permit Type: Standard Permit fee: $200.00
Project Name: 3 Mile 20"Loop of the 05-16" USR#: Not required
Application Date: 11/08/2010 Start date: 11/22/2010 Expiration date: 02/08/2011
Applicant Information: Contractor Information:
Name: Scott Knutson Name: Roy Acevedo
Company: Kerr-McGee Gathering LLC Company: Hettinger Mayo LLC
Phone: 303-841-1525 Phone: 970-566-2691 cell
Email: exploreland@comcast.net Email: mtorres@hettingerlIc.com
Location: WCR: 22,24,26 Between: 19 And: 23
Address: n/a Subivision: n/a Legal: see a/ - / -
Impacted Surfacels):
El Asphalt/Chip seal/RAP RIGravel 0 Treated Gravel El Outside Roadway 0 Other
Use Type:
❑Communication 0 Electrical RIGas/Oil El Water Service 0 Sanitary Sewer
❑ Irrigation 0 Storm Water 0 Misc
Classification of Work:
0 Abandonment 0 Misc.Occupation 0 Relocation 0 Potholing El Other bore 20"pipeline
0 Maintenance 0 Culvert Installation 0 Road Improvements 0 Tree Trimming
El New Service 0 Overhead Installation Underground Installation 0 Surveying
Description of ROW use:
New 20"steel gas pipeline to be bored under CR 22, 24,26.Tracking mats/pads will be used where equipment
crosses the County Roads.
Restoration:
❑Asphalt(HMA) p Class 6 Road Base 0 Fugitive Dust Chemical 0 Compaction Testing 0 Mulching
❑ Structural Fill 0 Flow Fill El Native Material E4 Reseeding 0 Erosion Control
El Other Class 6 at crossing
Weekend Hours No
Daily work hours are from DAYLIGHT to 1/2 HOUR BEFORE DARK
Special Requirements
To Be Secured under Bond#SUR000259.Crossings to be maintained during construction and Class 6 roadbase replenished
after crossings are closed and tracking pads removed. Weekly schedule.
Approved by: °'4'aI"S1°"°°''""yae'" Weld County Public Works Date: 11/23/2010
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Traffic Control Plan
Weld County Road 22. 24 & 26:
• 2 Signs "Utility Work Ahead"will be posted east and west of the construction area
within the roadway right-of-way for WCR 22, 24 & 26.
o The construction will be conducted by directionally boring under the existing
roadway.
o There is adequate off-road space for parking of vehicles and equipment so that
work crew personnel, vehicles, and equipment will be located off any Weld
County Roads during the course of construction.
o Flaggers will be used at all times when construction equipment is being
moved across the Weld County roads.
Weld County Road 21: (NOTE: Not a Weld County Maintained Road)
• Construction area will shut-down access to 2 homes that use WCR 21 as a driveway.
o The existing road on the Rodney Mix property will be improved to allow the 2
homeowners access to their homes during the construction.
o The construction will be conducted by open cut of existing unmaintained
roadway.
NOTE: Tracking pads will be installed at all locations where heavy equipment crosses
the Weld County Roads.
•
1201 LLK'.- ROITFIN DKivt • THE WOODLANDS.Tt Kns 7736O
ANADARKO PETROLEUM CORPORATION Pfl BOK 1330• HOLSTON.TEXAS 77251-1330 IMAI
4nadarkEi2
November 17, 2010
Amy Burry
Utility Coordinator/Permit Agent
Weld County Public Works Nny I ') 'n'0
PO Box 758
Greeley, CO 80632
Re: Bond #: SUR0002593
Obligee: County Commissioners of Weld County, Colorado
Principle: Kerr-McGee Gathering, LLC
Description: Performance and Maintenance Bond for Work within the Public
Right-of-Way
Dear Ms. Burry,
We are pleased to enclose the original above captioned bond number SUR002593.
We trust you will find the enclosed to be in complete order. However, should you have
any questions or concerns, please do not hesitate to contact our office.
Kindest regards, -
la-kg 1\f\f\ci
Tara McCann
Sr. Risk Analyst
Anadarko Petroleum
Tara.McCann(tuanadarko.com
(832)636-3902
-47
BOND NO. SUR0002593
PERFORMANCE AND MAINTENANCE BOND
FOR WORK WITHIN THE PUBLIC RIGHT-OF-WAY
KNOW ALL PERSONS BY THESE PRESENTS, that (name)Kerr-McGee
Gathering LLC, (address) 1201 lake Robbins Drive, The Woodlands, TX
77380, a (corporation, limited liability company, etc. ) a limited
liability company, organized under the laws of the State of Colorado,
with its principal office located at (address) 1201 lake Robbins Drive,
The Woodlands, TX 77380, hereinafter called "Principal", and (name of
surety)Argonaut Insurance Company, of (address of surety)225 W.
Washington, 6th Floor, Chicago, IL 60606, hereinafter called "Surety"
are held and firmly bound unto Board of County Commissioners of Weld
County, Colorado, on behalf of Weld County, Colorado, hereinafter
called "Obligee" in the full and penal sum of Fifteen Thousand Dollars
($15, 000.00) , lawful money of the United States for the payment of
which we bind ourselves, successors and assigns, jointly and severally,
firmly by these presents.
WHEREAS, the above-bound Principal has obtained or is about to
obtain from the Obligee a permit for the construction of a (describe
the project)Right-of-Way Permit for County Road 22, 24, & 26 Crossings
between Sections 3, 10 & 15 of T2N-R67W and Section 34 of T3N-R67W ,
and pursuant to the requirements of the permit, has entered into an
Agreement with Obligee, and
WHEREAS, State Statute and County procedure authorize Obligee to
require Principal to provide a performance and maintenance bond in the
amount of Fifteen Thousand Dollars ($15, 000.00) , which amount shall
automatically renew until released by Obligee, to guarantee that
Principal shall well, truly and faithfully perform its duties, and all
of the undertakings, covenants, terms, and conditions required by the
Agreement, in the Permit and/or in the Permit Application during the
original term of the Permit and any extensions thereof which may be
granted by Principal, with or without notice to Surety.
NOW, THEREFORE, the parties agree that if the Principal shall well,
truly and faithfully perform its duties, and all of its undertakings,
covenants, terms, and conditions as set forth in the Agreement, in the
Permit and in the Permit Application, throughout the construction
period and during the two (2) year warranty period following the
construction period, and if Principal shall satisfy all claims and
demands incurred in the Agreement, Permit and/or Permit Application,
and shall fully indemnify and save harmless Obilgee from all costs and
damages which it may suffer by reason of Principal' s default, and shall
reimburse and repay Obligee all outlay and expense which Obligee may
incur in making good any default, then this obligation shall be void.
PROVIDED FURTHER, that if Principal shall default in its obligations as
set forth under the Agreement, Permit and/or Permit Application, and
thereafter fail to fully indemnify and save harmless Obilgee from all
costs and damages which it may suffer by reason of said default, this
obligation shall remain in full force and effect until its release by
Obligee.
BOND NO. SUR0002593
PROVIDED FURTHER, that Surety, for value received hereby stipulates and
agrees that no change, extension of time, alteration or addition to the
terms of the Agreement and/or Permit or to the work to be performed
thereunder, shall in any way affect it obligations on this bond, and it
does hereby waive notice of any such change, extension of time,
alteration or addition to the terms of the Agreement or Permit.
PROVIDED FURTHER, this bond is NONCANCELLABLE, and shall remain in full.
force and effect until released by Obligee.
IN WITNESS WHEREOF, this instrument is executed in four (4)
counterparts, each one of which shall be deemed an original, this 8"
day of November, 2010.
Kerr-McGee Gathering LLC
Principal
tAAcar1( (7 By:
Principal Secretary/Witness Tit e
Stephen J.Foster
Assistant Treasurer,Risk Management
(SEAL)
Argonaut Insurance Company (\�`
Witness as to Surety Teresa D. Kelly, Attorney-in-Fact
5847 San Felipe #2750 5847 San Felipe #2750
Address Address
Houston, TX 77057 Houston, TX 77057
Address Address
IMPORTANT: Surety company executing bond must appear on the Treasury
Department' s most current list (Circular 570 as amended) and be
authorized to transact business in the State of Colorado.
Bond must be accompanied with Attorney-in Fact' s authority from the
surety company certified to include the date of the bond.
AS-0003080
Argonaut Insurance Company
225 W. Washington, 6th Floor
Chicago, IL 60606
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS: That the Argonaut Insurance Company,a Corporation duly organized and existing under the laws of the State of Illinois
and having its principal office in the County of Cook,Illinois does hereby nominate,constitute and appoint:
Dan W.Burton,Benjamin D.Wilcox,Candace D.Bosheers,Teresa D.Kelly
its true and lawful agent and attorney-in-fact,to make,execute,seal and deliver for and on its behalf as surety,and as its act and deed any and all bonds,contracts,
agreements of indemnity and other undertakings in suretyship provided,however,that the penal sum of any one such instrument executed hereunder shall not exceed
the sum of
$15,000,000.00
This Power of Attorney is granted and is signed and sealed under and by the authority of the following Resolution adopted by the Board of Directors of Argonaut
Insurance Company:
"RESOLVED,That the President,Senior Vice President,Vice President,Assistant Vice President,Secretary,Treasurer and each of them hereby is authorized to
execute powers of attorney,and such authority can be executed by use of facsimile signature,which may be attested or acknowledged by any officer or attorney.of
the Company,qualifying the attorney or attorneys named in the given power of attorney,to execute in behalf of,and acknowledge as the act and deed of the Argonaut
Insurance Company,all bond undertakings and contracts of suretyship,and to affix the corporate seal thereto."
IN WITNESS WHEREOF,Argonaut Insurance Company has caused its official seal to be hereunto affixed and these presents to be signed by its duly authorized
officer on the 15th day of September,2008.
Argonaut Insurance Company
By -1411 adtk,—
Michael E.Arledge,President
STATE OF TEXAS
COUNTY OF BEXAR SS:
On this 15th day of September,2008 A.D.,before me,a Notary Public of the State of Texas,in and for the County of Bexar,duly commissioned and qualified,came
THE ABOVE OFFICER OF THE COMPANY,to me personally known to be the individual and officer described in,and who executed the preceding instrument_
and he acknowledged the execution of same,and being by me duly sworn,deposed and said that he is the officer of the said Company aforesaid,and that the seal
affixed to the preceding instrument is the Corporate Seal of said Company,and the said Corporate Seal and his signature as officer were duly affixed and subscribed
to the said instrument by the authority and direction of the said corporation,and that Resolution adopted by the Board of Directors of said Company,referred to in
the preceding instrument is now in force.
IN TESTIMONY WHEREOF,I have hereunto set my hand,and affixed my Official Seal at the County of Bexar,the day and year first above written.
IFCKY JIMIMI2
NOWY Pubic.State of Tens
(Notary Public)
1,the undersigned Officer of the Argonaut Insurance Company,an Illinois Corporation,do hereby certify that the original POWER OF ATTORNEY of which the
foregoing is a full,true and correct copy is still in full force and effect and has not been revoked. �
IN WITNESS WHEREOF,I have hereunto set my hand,and affixed the Seal of said Company,on the U Q day� of r•
—.KA.W Qy JQ1 , I O.
Ad/
Robert F.Thomas,Vice President
THIS DOCUMENT IS NOT VALID UNLESS PRINTED ON SHADED BACKGROUND WITH RED SERIAL NUMBER IN THE UPPER RIGHT HAND
CORNER.IF YOU HAVE QUESTIONS ON AUTHENTICITY OF THIS DOCUMENT CALL(281)378-8077.
ANADARKO PETROLEUM CORPORATION
ASSISTANT SECRETARY'S CERTIFICATE
I, Margaret E. Roark, Assistant Secretary of Kerr-McGee Gathering LLC, a
Delaware limited liability company (the "Company"), hereby certify that Stephen J.
Foster is Assistant Treasurer of the Company, and that he is authorized to execute bonds
on behalf of the Company.
I further certify that the specimen signature set opposite the name of Stephen J.
Foster below is a facsimile of his true and genuine signature.
Name and Title Signature
Stephen J. Foster *7----
Assistant Treasurer
IN WITNESS WHEREOF, I have hereunto set
my hand and affixed the seal of
the Company, this 10`h day of November 2010.
reE '^ry
........
`V
151. Margaret E. Roark
i SEAL Z`
i� G) Assistant Secretary
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