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2004-03-30 Construction Performance BondSEH FAX TRANSMITTAL ❑ Field Office: ❑ URGENT Attention: Mike Coun Date: March 30, 2004 From: Pete Carlson SEH File No.: A-ALBEV 0208 14 Total Pages: 9 (including cover sheet) Co/Organization: Couri & Macarthur Law Office Fax No.: 763.497.2599 Telephone: 763.497.1930 Subject: Albertville Crossing Phase 2 Remarks: We are: ® Sending original by mail ❑ Sending by FAX only ❑ Sending as requested For your: ® Information/Records ❑ Review and comment ❑ Approval ❑ Action ❑ Distribution ❑ Revision and resubmittal If transmission was not received properly, please contact the sender at the phone number below. We request a response from you by: UAalalbev1020800\cortlf-mcouri 033004.doc 1/04 Short Elliott Hendrickson Inc., 1200 25th Avenue South, P.O. Box 1717, St. Cloud, MN 56302-1717 SEH is an equal opportunity employer I www.sehinc.com 1 320.229.4300 1 800.572.0617 1 320.229.4301 fax Document 00611 Bond # GRMN19801A Construction Performance Bond Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. CONTRACTOR (Name and Address): Rolstad Construction Company 1855 - 20th St. SE Buffalo, MN 55313 OWNER (Name and Address)_ City of Albertville 5975 Main Ave. NE P.O. Bog 9 Albertville, MN 55301-0009 . SURETY (Name and Principal PIace of Business): Granite Re, Inc. P.O. Boa 20683 Oklahoma City, OK 73156 CONSTRUCTION CONTRACT Date: May 20, 2002 Amount: $304,599.00 Three Hundred Four Thousand Five Hundred Ninety Nine and 00/100 Description (Name and Location): 2002 Frontage Avenue Improvements Albertville, Minnesota SEH No. A-ALBEV 0208.00 BOND Date (Not earlier than Construction Contract Date): June 3, 2002 Amount: $304,599.00 Three Hundred Four Thousand Five Hundred Ninety Nine and 00/100 Modifications to this Bond Form: None CONTRACT AS PRINCIPAL SURETY Company: Ro tad Const "on (Corp. Sea]) Company: Granite (Corp. Sea]) any Signature: Signature: Name and Title: Name and Titl onathan Pate, 4ttorney—in—Fact Duane H. Rolstad, Owner CONTRACTOR AS PRINCIPAL Company_ Signature: Name and Title: SURETY (Corp. Sea]) Company: Signature: Name and Title: (Corp. Sea]) EJCDC No. 1910-28A (1984 Edition) Prepared through the joint efforts of The Surety Association of America, Engineers')oint Contract Documents Committee, The Associated General Contractors of America, and the American Institute of Architects. The Contractor and the Surety, jointly and severally, bind themselves, their executors, administrators, successors and assigns to the Owner for the manse of the Construction Contract, which is incorporated herein by nce. the Contractor performs the Construction Contract, the Surety and the actor shall have no obligation under this Bond, except to participate in Tries as provided in Subparagraph 3.1. here is no Owner Default, the Surety's obligation under this Bond shall arise 3.1. The Owner has notified the Contractor and the Surety at its address described in Paragraph 10 below, that the Owner is considering declaring a Contractor Default and has requested and attempted to arrange a conference with the Contractor and the Surety to be held not later than fifteen days after receipt of such notice to discuss methods of performing the Construction Contract. If the Owner, the Contractor and the Surety agree, the Contractor shall be allowed a reasonable time to perform the Construction Contract, but such an agreement shall not waive the Owners right. If any, subsequently to declare a Contractor Default; and 3.2. The Owner has declared a Contractor Default and formally terminated the Contractors right to complete the contract Such Contractor Default shall not be declared earlier than twenty days after the Contractor and the Surety have received notice as provided in Subparagraph 3.1; and 3.3. The Owner has agreed to pay the Balance of the Contract Price to the Surety in accordance with the terms of the Construction Contract or to a contractor selected to perform the Construction Contract in accordance with the terms of the contract with the Owner. uen the Owner has satisfied the conditions of Paragraph 3, the Surety shall xly and at the Surety's expense take one of the following actions: 4.1. Arrange for the Contractor, with consent of the Owner, to perform and complete the Construction Contract; or 4.2. Undertake to perform and complete the Construction Contract itself, through its agents or through independent contractors; or 43 Obtain bids or negotiated proposals from qualified contractors acceptable to the Owner . for a contract for performance and completion of the Construction Contract, arrange for a contract to be prepared for execution by the Owner and the contractor selected with the Owners concurrence, to be secured with performance and payment bonds executed by a qualified surety equivalent to the bonds issued on the Construction Contract, and pay to the Owner the amount of damages as described in Paragraph 6 in excess of the Balance of the Contract Price incurred by the Owner resulting from the Contractor's default; or 4.4 Waive its right to perform and complete, arrange for completion, or obtain a new contractor and with reasonable promptness under the circumstances: 1. After investigation, determine the amount for which it may be liable to the Owner and, as soon as practicable after the amount is determined, tender payment therefor to the Owner, or 2. Deny liability in whole or in part and notify the Owner citing reasons therefor. he Surety does not proceed as provided in Paragraph 4 with reasonable ,tness; the Surety shall be deemed to be in default on this Bond fifteen days receipt of an additional written notice for the Owner to the Surety tding that the Surety perform its obligations under this Bond, and the r shall' be entitled to enforce any remedy available to the Owner. If the proceeds as provided in Subparagraph 4.4, and the Owner refuses the ant tendered or the Surety has denied liability, in whole or in part, without r notice the Owner shall be entitled to enforce any remedy available to the OWNER'S REPRESENTATIVE: Short Elliott Hendrickson Inc. P.O..Box 1717 St. Cloud, MN 56302-1717 320.229.4300 6_ After the Owner has terminated the Contractor's right to complete the Construction Contract, and if the Surety elects to aM under Subparagraph 4.1. 4.2, or 4.3 above, then the responsibilities of the Surety to the Owner shad not be greater than those of the Contractor under the Construction Contract, and the responsibilities of the Owner to the Surety shall not be greater than those of the Owner under the Construction Contract. To the limit of the amount of this Bond, but subject to commitment by the Owner of the Balance of the Contract Price to mitigation of costs and damages on the Construction Contract, the Surety is obligated without duplication for. 6.1 The responsibilities of the Contractor for correction of defective work and completion of the Construction Contract; 6.2 Additional legal, design professional and delay costs resulting from the Contractor's Default, and resulting from the actions or failure to act of the Surety under Paragraph 4; and 63 liquidation damages, or if no liquidated damages are specified in the Construction Contract, actual damages caused by delayed performance or non-performance of the Contractor. 7. The Surety shad not be liable to the Owner or others for obligations of the Contractor that are unrelated to the Construction Contract, and the Balance of the Contract Price shall not be reduced or set off on account of any such unrelated obligations_ No right of action shall accrue on this Bond to any person or entity other than the Owner or it heirs, executors, administrators, or successors. 9. The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcontracts, purchase order and other - obligations. 9. Any proceeding, legal or equitable, under this Bond may be instituted in any court of competent jurisdiction in the location in which the work or part of the work is located and shall be instituted within two years after Contract Default or within two years after the Contractor ceased working or within two years after the Surety refuses or fails to perform its obligations under this Bond, whichever occurs first If the provisions of this Paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. 10. Notice to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on the signature page. 11. When this Bond has been famished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. The intent is that this Bond shad be construed as a statutory bond and not as a common law bond. 12. Definitions. 12.1. Balance of the Contract Price: The total amount payable by the Owner to the Contractor under the Construction Contract after all property adjustments have been made, including allowance to the Contractor of any amounts received or to be received by the Owner in settlement of insurance or other claims for damages to which the Contractor is entitled, reduced by all valid and proper payments made to or on behalf of the Contractor under the Construction Contract. 12.2. Construction Contract: The agreement between the Owner and the Contractor identified on the signature page, including all Contract Documents and changes thereto. 123. Contractor Default: Failure to the Contractor, which has neither been remedied nor waived, to perform or otherwise to comply with the terms of the Construction Contract 12.4 Owner Default: Failure of the Owner, which has neither been remedied nor waived, to pay the Contractor as required by the Construction Contract or to perform and complete or comply with the other terms thereof AGENT OR BROKER: Name: Pate Bonding, Inc. Addfess:1276 So. Robert St. , West St. Paul, MN Phone: (651) 457-6842 55118 00611-2 IN.- :1DUAL ACKNOWLEDGEMENT EOF 1tt N )SS M OF (i(/ Y� q've ) On the day of `�w�-- 20A� . before me, a Notary Public within and for said county, personally appeared to me known to be the person described in and who executed the foregoing instrument, as Principal, and )Wedged to me that (s)he executed the same as his/her free act and deed_ _ .vial Sean -E OF N Y OF JOYCE Ftu .I.P oTh tfpTAFYP�6l►C►resJ .31,20 My Comm��t0" FxP County, 111 M My Commission Expires: CORPORATE ACKNOWLEDGEMENT )SS On the day of , 20 . before me, personally appeared , to mown, who being by me duty sworn, did depose and say that (s)he resides in that (s)he is the President of the corporation described in and which executed the foregoing instrument; that (s)he s the seal of said corporation; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the Board of Directors id corporation; and that (s)he signed his/her name thereto by like order. rrial Seal) Notary Public, My Commission Expires: ACKNOWLEDGEMENT OF CORPORATE SURETY rE OF Minnesota )SS NTY OF Dakota t On the 3rd day of June . 20 02 , before me, apr )nally known, who being by me duly swom, did say that (s)he is the aforesaid officer or :he seal affixed to the foregoing instrument is the corporate seal of said corporation, a corporation by the aforesaid officer, by authority of its Board of Directors; and the afore seed of said corporation. WANDA LEE ESPE Notary Public Notary Public, Ramsey fvlinnesota �84n+`ti My Commissior, Expires Jan. 31, 2005 My Commission Expires: _ rrial Seal) County, 'ed Jonathan Pate , to to me )mey in fact of the Bite Re, Inc- , a corporation; that said instru w sign d and sealed in behalf of 1 officer ack wledoetdi strument to be the free act 1131/05 Q County, Minnesota GRANITE RE, INC. GENERAL POWER OF ATTORNEY Know all Men by these Presents: That GRANITE RE, INC., a corporation organized and existing under the laws of the State of OKLAHOMA and having its principal office at the City of OKLAHOMA CITY in the State of OKLAHOMA does hereby constitute and appoint: JONATHAN PATE, WANDA ESPE, TOM LAHL its true and lawful Attorney -in -Facts) for the following purposes, to wit: To sign its name as surety to, and to execute, seal and acknowledge any and all bonds, and to respectively do and perform any and all ads and things set forth in the resolution of the Board of Directors of the said GRANITE RE, INC. a certified copy of which is hereto annexed and made a part of this Power of Attorney; and the said GRANITE RE, INC. through us, its Board of Directors, hereby ratifies and confirms all and whatsoever the said: ►ONATHAN PATE, WANDA ESPE, TOM LAHL may lawfully do in the premises by virtue of these presents. In Witness Whereof, the said GRANITE RE, INC. has caused this instrument to be sealed with its corporate seal, duly attested by the signatures of its Vice President and Secretary/Treasurer, this 14"' day of May, 1998. E RL. O Cy^4r.4 - dG i S E A L R. Darryl Fisher, a President STATE OF OKLAHOMA ) SS: COUNTY OF OKLAHOMA ) Rodman A. Frates, Secretary/Treasurer On this 14" day of May 1998, before me personally came R. Darryl Fisher, Vice President of the GRANITE RE, INC. Company and Rodman A. Frates, Secretary/Treasurer of said Company, with both of whom I am personally acquainted, who being by me severally duly sworn, said, that they, the said R. Darryl Fisher and Rodman A. Frates were respectively the Vice President and the Secretary/Treasurer of the GRANITE RE, INC., the corporation described in and which executed the foregoing Power of Attorney; that they each knew the seal of said corporation; that the seal affixed to said Power of attorney was such corporate seal, that it was so fixed by order of the Board of Directors of said corporation, and that they signed their name thereto by like order as Vice President and Secretary/Treasurer, respectively, of the Company. My Commission Expires: May 9, 2004 GRANITE RE, INC. Certificate 054 THE UNDERSIGNED, being the duly elected and acting Secretary/Treasurer of Granite Re, Inc., an Oklahoma Corporation, HEREBY CERTIFIES that the following resolution is a true and correct excerpt from the July 15, 1987, minutes of the meeting of the Board of Directors of Granite Re, Inc. "RESOLVED, that the President, any Vice President, the Secretary, and any Assistant Vice President shall each have authority to appoint individuals as attorneys -in -fact or under oth r appropriate titles with authority to execute on behalf of the company fidelity and surety bonds and other documents of similar character issued by the Company in the course of its business. On any instrument making or evidencing such appointment, he signatures may be affixed by facsimile. On any instrument conferring such authority or on any bond or undertaking of the ompany, the seal, or a facsimile thereof, may be impressed or affixed or in any other manner reproduced; provided, however, th it the seal shall not be necessary to the validity of any such instrument or undertaking." IN WITNESS WHEREOF, the undersigned has subscribed this C 3 rd day of June 20 02 SEAL and affixed the corporate seal of the Corporation this odman A. Frates, Secretary/Treasurer Document 00613 Bond # GRMN19801A Construction Payment Bond Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. CONTRACTOR (Name and Address) Rolstad Construction Company 1855 - 20th St. SE Buffalo, MN 55313 OWNER (Name and Address): City of Albertville 5975 Main Ave. NE P.O_ Box 9 Albertville,'NN 55301-0009 SURETY (Name and Principal Place of Business): Granite Re, Inc. P.O. Box 20683 Oklahoma City, OK 73156 CONSTRUCTION CONTRACT Date: May 20, 2002 Amount: $304,599.00 Three Hundred Four Thousand Five Hundred Ninety Nine and 00/100 Description (Name and Location): 2002 Frontage Avenue Improvements Albertville, Minnesota SEH No. A-ALBEV 0208.00 BOND Date (Not earlier than Construction Contract Date): June 3, 2002 Amount: $304,599.00 Three Hundred Four .Thousand Five Hundred Ninety Nine and 00/100 Modifications to this Bond Form: None CONTRACTOR AS PRINCIPAL Company: Vkkolstad n ru ti n (Corp. Seal) Signature: Name and Duane H. Rolstad, Owner SURETY Company: Granite e, Inc. (Corp. Seal) Signature: Name and Titl onathan Pate, Attorney —in —Fact CONTRACTOR AS PRINCIPAL SURETY Company: (Corp. Seal) Company: Signature: Name and Title: Signature: Name and Title: (Corp. Seal) EICDC No. 1910-28B (1984 Edition) Prepared through the joint efforts of The Surety Association of America, Engineers' Joint Contract Documents Committee, The Associated General Contractors of America, and the American Institute of Architects, American Subcontractors Association, and the Associated Specialty Contractors. 006 l 3-1 he Contractor and the Surety, jointly and severally, bind themselves, eirs, executors, administrators, successors and assigns to the Owner to r labor, materials and equipment -furnished for use in the performance Construction Contract, which is incorporated herein by reference. Vith respect to the Owner, this obligation shall be null and void if the ctor: _1 Promptly makes payment, directly or indirectly, for all sums due Claimants, and _2 Defends, indemnifies and holds harmless the Owner from all claims, demands, liens or suits by any person or entity who furnished labor, materials or equipment for use in the performance of the Construction Contract, provided the Owner has promptly notified the Contractor and the Surety (at the address described in Paragraph 12) of any claims, demands, liens or suits and tendered defense of such claims, demands, liens or suits to the Contractor and the Surety, and provided there is no Owner Default. i ith respect to Claimants, this obligation shall be null and void if the ctor promptly makes payment, directly or indirectly, for all sums due. he Surety shall have no obligation to Claimants under this Bond until: 1 Claimants who are employed by or have a direct contract with the Contractor have given notice to the Surety (at the address described in Paragraph 12) and sent a copy, or notice thereof, to the Owner, stating that a claim is being made under this Bond and, with substantial accuracy, the amount of the claim. .2 Claimants who do not have a direct contract with the Contractor: i. Have furnished written notice to the Contractor and set a copy, or notice thereof, to the Owner, within 90 days after having last performed labor or last furnished materials or equipment included in the claim stating, with substantial accuracy, the amount of the claim and the name of the party to whom the materials were furnished or supplied or for whom the labor was done or performed; and 2. Have either received a rejection in whole or in part from the Contractor, or not received within 30 days of furnishing the above notice any communication from the Contractor by which the Contractor has indicated the claim will be paid directly or indirectly, and 3_ Not having been paid within the above 30 days, have sent a written notice to the Surety (at the address described in Paragraph 12) and sent a copy, or notice thereof, to the Owner, stating that a claim is being made under this Bond and enclosing a copy of the previous written notice furnished to the Contractor_ a notice required by Paragraph 4 is given by the Owner to the ctor or to the Surety, that is sufficient compliance_ then the Claimant has satisfied the conditions of Paragraph 4, the shall promptly and at the Surety's expense take the following actions: .1 Send an answer to the Claimant, with a copy to the Owner, within 45 days after receipt of the claim, stating the amounts that are undisputed and the basis for challenging any amounts that are disputed. .2 Pay or arrange for payment of any disputed amounts_ he Surety's total obligation shall not exceed the amount of this Bond, amount of this Bond shall be credited for any payments made in good i the Surety. ,mounts owed by the Owner to the Contractor under the Construction et shall be used for the performance of the Construction Contract and fy claims, if any, under any Construction Performance Bond_ By the ctor furnishing and the Owner accepting this Bond, they agree that all )WNER'S REPRESENTATIVE: hort Elliott Hendrickson Inc. '.O. Box 1717 t. Cloud, MN 56302-1717 20.229.4300 funds earned by the Contractor in the performance of the Construction Contract are dedicated to satisfy obligations of the Contractor and the Surety under this Bond, subject to the Owner's priority to use the funds for the completion of the work. 9. The Surety shall not be liable to the Owner, Claimants or others for obligations of the Contractor that are unrelated to the Construction Contract. The Owner shall not be liable for payment of any costs or expenses of any Claimant under this Bond, and shall have under this Bond no obligations to make payments to, give notices on behalf of, or otherwise have obligations to Claimants under this Bond 10. The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcontracts, purchase orders and other obligations. 11. No suit or action shall be commerimd by a Claimant under this Bond other than in a court of competent jurisdiction in the location in which the work or part of the work is located or after the expiration of one year from the date (1) on which the Claimant gave the notice required by Subparagraph 4.1 or Clause,42 (iii), or (2) on which the last labor or service was performed by anyone or the last materials or equipment were furnished by anyone under the Construction Contract, whichever of (1) or (2) first occurs_ if the provision of this Paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. 12. Notice to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on the signature page. Actual receipt of notice by Surety, the Owner or the Contractor, however accomplished, shall be sufficient compliance as of the date received at the address shown on the signature page. 13. When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirements shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. The intent is, that this Bond shall be construed as a statutory bond and not as a common law bond. 14. Upon request by any person or entity appearing to be a potential beneficiary of this Bond, the Contractor shall promptly furnish a copy of this Bond or shall permit a copy to be made. 15. DEFINRIONS 15.1. Claimant- An individual or entity having a direct contract with the Contractor or with a subcontractor of the Contractor to furnish labor, materials or equipment for use in the performance of the Contract_ The intent of this Bond shall be to include without limitation in the term "labor, materials or equipment" that part of water, gas, power, light, heat, oil, gasoline, telephone service or rental equipment used in the Construction Contract, architectural and engineering services required for performance of the work of the Contractor and the Contractor's subcontractors, and all other items for which a mechanic's lien may be asserted in the jurisdiction where the labor, materials or equipment were furnished. 15.2. Construction Contract: The agreement between the Owner and the Contractor identified on the signature page including all Contract Documents and changes thereto. 15.3.Owner Default: Failure of the Owner, which has neither been remedied nor waived, to pay the Contractor as required by the Construction Contract or to perform and complete or comply with the other terms thereof AGENT OR BROKER: Name: Pate Bonding, Inc. Address:1276 So. Robert St., West St_ Paul, MN Phone: (651) 457-6842 55118 00613-2 IN -ADUAL ACKNOWLEDGEMENT OF 1 L )SS ITY OF On the day of Ji ,Ak— 20-O9- , before me, a Notary Public within and for said county, personalty appeared to me known to be the person described in and who executed the foregoing instrument, as Principal, and wledged to me that (s)he executed the same as his/her free act and deed. r� „ JOYCE ROLSTAD II �►► 1 �. N07AR� PUBLIC MINNF ubIic, W f M County, M N h1y Commission Expires Jan. 31, My Commission Expires: al SeaQ CORPORATE ACKNOWLEDGEMENT E OF )SS M OF On the day of 20 , before me, personally appeared , to :nown, who being by me duly sworn, did depose and say that (s)he resides in that (s)he is the President of the corporation described in and which executed the foregoing instrument; that (s)he the seal of said corporation; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the Board of Directors d corporation; and that (s)he signed his/her name thereto by like order. rial Seal) Notary Public, My Commission Expires: ACKNOWLEDGEMENT OF CORPORATE SURETY "E OF Minnesota ) )SS VTY OF Dakota County, On the 3rd day of June 20 02 before me, app a ed Jonathan Pate to to me �nally known, who being by me duly sworn, did say that (s)he is the aforesaid officer or ttomey in fact of the mite Rev Inc- , a corporation; he seal affixed to the foregoing instrument is the corporate seal of said corporation, a that said instru t wa5'Zinstrument d and sealed in behalf of ;orporation by the aforesaid officer, by authority of its Board of Directors; and the aforesa officer ackn ledged to be the free act leed of said corporation. t\ <R a_ WANDA LEE ESPE Notary Public V-- nnesota My Comrni� 5io i Ex�'.-s Jan. 31.2005 Trial Seal) Notary Public, Ramsey My Commission Expires: 1/31/05 County, Minnesota GRANITE RE, INC. GENERAL POWER OF ATTORNEY Know all Men by these Presents: That GRANITE RE, INC., a corporation organized and existing under the laws of the State of OKLAHOMA and having its principal office at the City of OKLAHOMA CITY in the State of OKLAHOMA does hereby constitute and appoint: JONATHAN PATE, WANDA ESPE, TOM LAHL its true and lawful Attorney-in-Fact(s) for the following purposes, to wit: To sign its name as surety to, and to execute, seal and acknowledge any and all bonds, and to respectively do and perform any and all acts and things set forth in the resolution of the Board of Directors of the said GRANITE RE, INC. a certified copy of which is hereto annexed and made a part of this Power of Attorney; and the said GRANITE RE, INC. through us, its Board of Directors, hereby ratifies and confirms all and whatsoever the said: JONATHAN PATE, WANDA ESPE, TOM LAHL may lawfully do in the premises by virtue of these presents. In Witness Whereof, the said GRANITE RE, INC. has caused this instrument to be sealed with its corporate seal, duly attested by the signatures of its Vice President and Secretary/Treasurer, this 14a' day of May, 1998. WTE ON`'d'Oyre C -� SEAL R. Darryl Fisher, a President STATE OF OKLAHOMA ) °* •»�' ) SS: COUNTY OF OKLAHOMA ) Rodman A. Frates, Secretary/Treasurer On this 14' day of May 1998, before me personally came R. Darryl Fisher, Vice President of the GRANITE RE, INC. Company and Rodman A. Frates, Secretary/Treasurer of said Company, with both of whom 1 am personally acquainted, who being by me severally duly sworn, said, that they, the said R. Darryl Fisher and Rodman A. Frates were respectively the Vice President and the Secretary/Treasurer of the GRANITE RE, INC., the corporation described in and which executed the foregoing Power of Attorney; that they each knew the seal of said corporation; that the seal affixed to said Power of attorney was such corporate seal, that it was so fixed by order of the Board of Directors of said corporation, and that they signed their name thereto by like order as Vice President and Secretary/Treasurer, respectively, of the Company. My Commission Expires May 9, 2004 0 GRANITE RE, INC. Certificate THE UNDERSIGNED, being the duly elected and acting Secretary/Treasurer of Granite Re, Inc., an Oklahoma Corporation, HEREBY CERTIFIES that the following resolution is a true and correct excerpt from the July 15, 1987, minutes of the meeting of the Board of Directors of Granite Re, Inc. "RESOLVED, that the President, any Vice President, the Secretary, and any Assistant Vice President shall each have authority to appoint individuals as attorneys -in -fact or under other appropriate titles with authority to execute on behalf of the company fidelity and surety bonds and other documents of similar character issued by the Company in the course of its business. On any instrument making or evidencing such appointment, the signatures may be affixed by facsimile. On any instrument conferring such authority or on any bond or undertaking of the Company, the seal, or a facsimile thereof, may be impressed or affixed or in any other manner reproduced; provided, however, that the seal shall not be necessary to the validity of any such instrument or undertaking." IN WITNESS WHEREOF, the undersigned has subscribed this Certificate and affixed the corporate seal of the Corporation this 3 rd day of June 20 02 1TE qp S E A L �,. odman A. Frates, Secretary/Treasurer Document 00611 ' Bond # GRMN19801A Construction Performance Bond Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. CONTRACTOR (Name and Address): SURETY (Name and Principal Place of Business): Rolstad Construction Company Granite Re, Inc. 1855 - 20th St. SE P.O. Box 20683 Buffalo, MN 55313 Oklahoma City, OK 73156 OWNER (Name and Address): City of Albertville 5975 Main Ave. NE P.O. Bog 9 Albertville, MN 55301-0009 CONSTRUCTION CONTRACT Date: May 20, 2002 Amount: $304,599.00 Three Hundred Four Thousand Five Hundred Ninety Nine and 00/100 Description (Name and Location): 2002 Frontage Avenue Improvements Albertville, Minnesota SEH No. A-ALBEV 0208.00 BOND Date (Not earlier.than Construction Contract Date): June 3, 2002 Amount: $304,599.00 Three Hundred Four Thousand Five Hundred Ninety Nine and 00/100 Modifications to this Bond. Form: None CONTRACT AS PRINCIPAL SURETY Company: Roltad Const 'on (Corp. Seal) Company: Granite , . Inc. (Corp. Seal) o any Signature: Signature: Name and Title. Name and TitlygZonathan Pate, Attorney -in -Fact Duane H. Rolstad, Owner CONTRACTOR AS PRINCIPAL SURETY Company: (Corp. Seal) Company: (Corp. Seal) Signature: Signature: Name and Title: Name and Title: EJCDC No. 1910-28A (1984 Edition) Prepared through the joint efforts of The Surety Association of America, Engineers'Joint Contract Documents Committee, The Associated General Contractors of America, and the American Institute of Architects. The Contractor and the Surety, jointly and severally, bind themselves, their reirs, executors, administrators, successors and assigns to the Owner for the terformance of the Construction Contract, which is incorporated herein by eference. :. If the Contractor performs the Construction Contract, the Surety and the :ontractor shall have no obligation under this Bond, except to participate in onferences as provided in Subparagraph 3.1. If there is no Owner Default, the Surety's obligation under this Bond shall arise Sher. 3.1. The Owner has notified the Contractor and the Surety at its address described in Paragraph 10 below, that the Owner is considering declaring a Contractor Default and has requested and attempted to arrange a conference with the Contractor and the Surety to be held not later than fifteen days after receipt of such notice to discuss methods of performing the Construction Contract- if the Owner, the Contractor and the Surety agree, the Contractor shall be allowed a reasonable time to perform the Construction Contract, but such an agreement shall not waive the Owner's right. If any, subsequently to declare a Contractor Default; and 3.2. The Owner has declared a Contractor Default and formally terminated the Contractor's right to complete the contract. Such Contractor Default shall not be declared earlier than twenty days after the Contractor and the Surety have received notice as provided in Subparagraph 3.1; and 3.3. The Owner has agreed to pay the Balance of the Contract Price to the Surety in accordance with the terms of the Construction Contract or to a contractor selected to perform the Construction Contract in accordance with the terms of the contract with the Owner. When the Owner has satisfied the conditions of Paragraph 3, the Surety shall romptly and at the Surety's expense take one of the following actions: 4.1. Arrange for the Contractor, with consent of the Owner, to perform and complete the Construction Contract; or 4.2. Undertake to perform and complete the Construction Contract itself, through its agents or through independent contractors; or 4.3 Obtain bids or negotiated proposals from qualified contractors acceptable to the Owner for a contract for performance and completion of the Construction Contract, arrange for a contract to be prepared for execution by the Owner and the contractor selected with The Owner's concurrence, to be secured with performance and payment bonds executed by a qualified surety equivalent to the bonds issued on the Construction Contract, and pay to the Owner the amount of damages as described in Paragraph 6 in excess of the Balance of the Contract Price incurred by the Owner resulting from the Contractor's default; or 4.4 Waive its right to perform and complete, arrange for completion, or obtain a new contractor and with reasonable promptness under the circumstances: 1. After investigation, determine the amount for which it may be liable to the Owner and, as soon as practicable after the amount is determined, tender payment therefor to the Owner, or 2. Deny liability in whole or in part and notify the Owner citing reasons therefor. If the Surety does not proceed as provided in Paragraph 4 with reasonable romptness; the Surety shall be deemed to be in default on this Bond fifteen days Rer receipt of an additional written notice for the Owner to the Surety emanding that the Surety perform its obligations under this Bond, and the owner shall; be entitled to enforce any remedy available to the Owner. if the urety proceeds as provided in Subparagraph 4.4, and the Owner refuses the iyment tendered or the Surety has denied liability, in whole or in part, without irther notice the Owner shall be entitled to enforce any remedy available to the wrier. OWNER'S REPRESENTATIVE: Short Elliott Hendrickson Inc. P.O..Box 1717 St. Cloud, MN 56302-1717 320.229.4300 6 After the Owner has terminated the Contractor's right to complete the Construction Contract, and if the Surety elects to act under Subparagraph 4.1, 4.2, or 4.3 above, then the responsibilities of the Surety to the Owner shall not be greater than those of the Contractor under the Construction Contract, and the responsibilities of the Owner to the Surety shall not be greater than those of the Owner under the Construction Contract. To the limit of the amount of this Bond, but subject to commitment by the Owner of the Balance of the Contract Price to mitigation of costs and damages on the Construction Contract, the Surety is obligated without duplication for: 6.1 The responsibilities of the Contractor for correction of defective work and completion of the Construction Contract; 6-2 Additional legal, design professional and delay costs resulting from the Contractor's Default, and resulting from the actions or failure to act of the Surety under Paragraph 4; and 6.3 Liquidation damages, or if no liquidated damages are specified in the Construction Contract, actual damages caused by delayed performance or non-performance of the Contractor. 7. The Surety shall not be liable to the Owner or others for obligations of the Contractor that are unrelated to the Construction Contract, and the Balance of the Contract Price shall not be reduced or set off on account of any such unrelated obligations. No right of action shall accrue on this Bond to any person or entity other than the Owner or it heirs, executors, administrators, or successors. 8. The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcontracts, purchase order and other obligations. 9. Any proceeding, legal or equitable, under this Bond may be instituted in any court of competent jurisdiction in the location in which the work or part of the work is located and shall be instituted within two years after Contract Default or within two years after the Contractor ceased working or within two years after the Surety refuses or fails to perform its obligations under this Bond, whichever occurs first. if the provisions of this Paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. 10. Notice to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on the signature page. 11. When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions ponformmg to such statutory or other legal requirement shall be deemed incorporated herein. The intent is that this Bond shall be construed as a statutory bond and not as a common law bond. 12. Definitions. 12.1. Balance of the Contract Price: The total amount payable by the Owner to the Contractor under. the Construction Contract after all property adjustments have been made, including allowance to the Contractor of any amounts received or to be received by the Owner in settlement of insurance or other claims for damages to which the Contractor is entitled, reduced by all valid and proper payments made to or on behalf of the Contractor under the Construction Contract. 12.2- Construction Contract: The agreement between the Owner and the Contractor identified on the signature page, including all Contract Documents and changes thereto. 12.3. Contractor Default: Failure to the Contractor, which has neither been remedied nor waived, to perform or otherwise to comply with the terms of the Construction Contract. 12.4 Owner Default: Failure of the Owner, which has neither been remedied nor waived, to pay the Contractor as required by the Construction Contract or to perform and complete or comply with the other terms thereof AGENT OR BROKER: Name: Pate Bonding, Inc. Address:1276 So. Robert St., West St. Paul, MN Phone: (651) 457-6842 55118 00611-2 IN, iDUAL ACKNOWLEDGEMENT TAT OF I ) )SS :0VIM OF (A% 0) k'l ) —©�On the day of �u.Mg 20, before me, a Notary Public within and for said county, personally appeared \� GLue� , to me known to be the person described in and who executed the foregoing instrument, as Principal, and cknowledged to me that (s)he executed the same as his/her free act and deed. + 0 �E ROLSTAU sovsV PUBLIC 1i8 I3 MY Commission ExP v t County, My Commission Expires: t 1 ?2 (I 05 Notarial Seal) CORPORATE ACKNOWLEDGEMENT TATE OF )SS ,OUNTY OF On the day of , 20 , before me, personally appeared , to ne known, who being by me duly sworn, did depose and say that (s)he resides in that (s)he is the President of the corporation described in and which executed the foregoing instrument; that (s)he snows the seal of said corporation; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the Board of Directors A said corporation; and that (s)he signed his/her name thereto by like order. Notary Public, My Commission Expires: Notarial Seal) ACKNOWLEDGEMENT OF CORPORATE SURETY STATE OF Minnesota )SS 'OUNTY OF Dakota ) On the 3rd day of June , 20 02 , before me, apr )ersonally known, who being by me duly sworn, did say that (s)he is the aforesaid officer or hat the seal affixed to the foregoing instrument is the corporate seal of said corporation, a said corporation by the aforesaid officer, by authority of its Board of Directors; and the afore ind deed of said corporation. WANDA LEE ESPE Notary Public Notary Public, Ramsey y, Nlinnesota 65°' My Commis ion Expires Jan. 31, 2005 My Commission Expires: Notarial Seal) County, red Jonathan Pate , to to me omey in fact of the mite Rev Inc. , a corporation; that said 'nst W w sign, d and sealed in behalf of �djostrument to be the tree act 0 officer ack wledqed 1/31/05 County, Minnesota GRANITE RE, INC. GENERAL POWER OF ATTORNEY Know all Men by these Presents: That GRANITE RE, INC., a corporation organized and existing under the laws of the State of OKLAHOMA and having its principal office at the City of OKLAHOMA CITY in the State of OKLAHOMA does hereby constitute and appoint:' JONATHAN PATE, WANDA ESPE, TOM LAHL its true and lawful Attorney-in-Fact(s) for the following purposes, to wit: To sign its name as surety to, and to execute, seal and acknowledge any and all bonds, and to respectively do and perform any and all acts and things set forth in the resolution of the Board of Directors of the said GRANITE RE, INC. a certified copy of which is hereto annexed and made a part of this Power of Attorney; and the said GRANITE RE, INC. through us, its Board of Directors, hereby ratifies and confirms all and whatsoever the said: JONATHAN PATE, WANDA ESPE, TOM LAHL may lawfully do in the premises by virtue of these presents. In Witness Whereof, the said GRANITE RE, INC. has caused this instrument to be sealed with its corporate seal, duly attested by the signatures of its Vice President and Secretary/Treasurer, this 14°i day of May, 1998. s E A`L R.Darryl Fisher, �' a President �— STATE OF OKLAHOMA SS: COUNTY OF OKLAHOMA) Ro^ d n A. Frates, Secretary/Treasurer On this 14`h day of May 1998, before me personally came R. Darryl Fisher, Vice President of the GRANITE RE,INC. Company and Rodman A. Frates, Secretary/Treasurer of said Company, with both of whom I am personally acquainted, who being by me severally duly sworn, said, that they,; the said R. Darryl Fisher and Rodman A. Frates were respectively the Vice President and the Secretary/Treasurer of the GRANITE RE, INC., the corporation described in and which executed the foregoing Power of Attorney; that they; each knew the seal of said corporation; that the seal affixed to said Power of attorney was such corporate seal, that it was so fixed by order of the Board of Directors of said corporation, and that they signed their name thereto by like order as Vice President and Secretary/Treasurer, respectively, of the Company. My Commission Expires: May 9, 2004 otary Pu5I i GRANITE RE, INC. Certificate THE UNDERSIGNED, being the duly elected and acting Secretary/Treasurer of Granite Re, Inc., an Oklahoma Corporation, HEREBY CERTIFIES that the following resolution is a trueandcorrect excerpt from the July 15, 1987, minutes of the meeting of the Board of Directors of Granite Re, Inc. "RESOLVED, that the President, any Vice President, the Secretary, and any Assistant Vice President shall each have authority to appoint individuals as attorneys -in -fact or under other appropriate titles with authority to execute on behalf of the company fidelity and surety bonds and other documents of similar character issued by the Company in the course of its business. On any instrument making or evidencing such appointment, the signatures may be affixed by facsimile. On any instrument conferring such authority or on any bond or undertaking of the Company, the seal, or a facsimile thereof, may be impressed or affixed or in any other manner reproduced; provided, however, that the seal shall not be necessary to the validity of any such instrument or undertaking.,, IN WITNESS WHEREOF, the undersigned has subscribed this Certificate and affixed the corporate seal of the Corporation this 3 rd day of June 20 02 KS odman A. Frates, Secretary/Treasurer Document 00613 Bond # GRMN19801A Construction Payment Bond Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. CONTRACTOR (Name and Address): Rolstad Construction Company 1855 - 20th St_ SE Buffalo, MN 55313 OWNER (Name and Address): City of Albertville 5975 Main Ave_ NE P.O. Bog 9 Albertville, NN 55301-0009 SURETY (Name and Principal Place of Business): Granite Re, Inc_ P.O. Bog 20683 Oklahoma City, OR 73156 CONSTRUCTION, CONTRACT Date: May 20, 2002 Amount: $304,599.00 Three Hundred Four Thousand Five Hundred Ninety Nine and 00/100 Description (Name and Location): 2002 Frontage Avenue Improvements Albertville, Minnesota SEH No. A-ALBEV 0208.00 BOND Date (Not earlier than Construction Contract Date): June 3, 2002 Amount: $304,599.00 Three Hundred Four.Thousand Five Hundred Ninety Nine and 00/100 Modifications to this Bond Form: None CONTRACTOR AS PRINCIPAL SURETY Company: olstad on ru tin (Corp. Seal) Company: Granite e, Inc. _ _ (Corp. Seal) Signature: Signature: Name and Ti le Name and Titl onathan Pate, Attorney -in -Fact Duane H. Rolstad, Owner CONTRACTOR AS PRINCIPAL SURETY Company: (Corp. Seal) Company: (Corp. Seal) Signature: Name and Title: Signature: Name and Title: EJCDC No. 1910-28B (1984 Edition) Prepared through the joint efforts of The Surety Association of America, Engineers'Joint Contract Documents Committee, The Associated General Contractors of America, and the American Institute of Architects, American Subcontractors Association, and the Associated Specialty Contractors. 00613-1 The Contractor and the Surety, jointly and severally, bind themselves, eir heirs, executors, administrators, successors and assigns to the Owner to iy for labor, materials and equipment furnished for use in the performance the Construction Contract, which is incorporated herein by reference. With respect to the Owner, this obligation shall be null and void if the :)ntractor: 2.1 Promptly makes payment, directly or indirectly, for all sums due Claimants, and 2.2 Defends, indemnifies and holds harmless the Owner from all claims, demands, liens or suits by any person or entity who furnished labor, materials or equipment for use in the performance of the Construction Contract, provided the Owner has promptly notified the Contractor and the Surety (at the address described in Paragraph 12) of any claims, demands, liens or suits and tendered defense of such claims, demands, liens or suits to the Contractor and the Surety, and provided there is no Owner Default. With respect to Claimants, this obligation shall be null and void if the )ntractor promptly makes payment, directly or indirectly, for all sums due. The Surety shall have no obligation to Claimants under this Bond until: 4.1 Claimants who are employed by or have a direct contract with the Contractor have given notice to the Surety (at the address described in Paragraph 12) and sent a copy, or notice thereof, to the Owner, stating that a claim is being made under this Bond and, with substantial accuracy, the amount of the claim. 4.2 Claimants who do not have a direct contract with the Contractor: 1. Have furnished written notice to the Contractor and set a copy, or notice thereof, to the Owner, within 90 days after having last performed labor or last furnished materials or equipment included in the claim stating, with substantial accuracy, the amount of the claim and the name of the party to whom the materials were furnished or supplied or for whom the labor was done or performed; and 2. Have either received a rejection in whole or in part from the Contractor, or not received within 30 days of famishing the above notice any communication from the Contractor by which the Contractor has indicated the claim will be paid directly or indirectly, and 3. Not having been paid within the above 30 days, have sent a written notice to the Surety (at the address described in Paragraph 12) and sent a copy, or notice thereof, to the Owner, stating that a claim is being made under this Bond and enclosing a copy of the previous written notice furnished to the Contractor. If a notice required by Paragraph 4 is given by the Owner to the >ntractor or to the Surety, that is sufficient compliance_ When the Claimant has satisfied the conditions of Paragraph 4, the trety shall promptly and at the Surety's expense take the following actions: 6.1 Send an answer to the Claimant, with a copy to the Owner, within 45 days after receipt of the claim, stating the amounts that are undisputed and the basis for challenging any amounts that are disputed. 6.2 Pay or arrange for payment of any disputed amounts. The Surety's total obligation shall not exceed the amount of this Bond, d the amount of this Bond shall be credited for any payments made in good th by the Surety. Amounts owed by the Owner to the Contractor under the Construction Pntract shall be used for the performance of the Construction Contract and satisfy claims, if any, under any Construction Performance Bond. By the mtractor furnishing and the Owner accepting this Bond, they agree that all OWNERS REPRESENTATIVE: Short Elliott Hendrickson Inc. P.O. Box 1717 St. Cloud, MN 56302-1717 320.229.4300 funds earned by the Contractor in the performance of the Construction Contract are dedicated to satisfy obligations of the Contractor and the Surety under this Bond, subject to the Owner's priority to use the funds for the completion of the work. 9. The Surety shall not be liable to the Owner, Claimants or others for obligations of the Contractor that are unrelated to the Construction Contract. The Owner shall not be liable for payment of any costs or expenses of any Claimant under this Bond, and shall have under this Bond no obligations to make payments to, give notices on behalf of, or otherwise have obligations to Claimants under this Bond. 10. Tire Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcontracts, purchase orders and other obligations. 11. No suit or action shall be commenced by a Claimant under this Bond other than in a court of competent jurisdiction in the location in which the work or part of the work is located or after the expiration of one year from the date (1) on which the Claimant gave the notice required by Subparagraph 4.1 or Clause 4.2 (iii), or (2) on which the last labor or service was performed by anyone or the last materials or equipment were furnished by anyone under the Construction Contract, whichever of (1) or (2) first occurs. If the provision of this Paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. 12. Notice to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on the signature page. Actual receipt of notice by Surety, the Owner or the Contractor, however accomplished, shall be sufficient compliance as of the date received at the address shown on the signature page. 13. When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirements shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. The intent is, that this Bond shall be construed as a statutory bond and not as a common law bond. 14. Upon request by any person or entity appearing to be a potential beneficiary of this Bond, the Contractor shall promptly furnish a copy of this Bond or shall permit a copy to be made. 15_ DEFINMONS 15.1. Claimant: An individual or entity having a direct contract with the Contractor or with a subcontractor of the Contractor to furnish labor, materials or equipment for use in the performance of the Contract. The intent of this Bond shall be to include without limitation in the terms "labor, materials or equipment" that part of water, gas, power, light, beat, oil, gasoline, telephone service or rental equipment used in the Construction Contract, architectural and engineering services required for performance of the work of the Contractor and the Contractor's subcontractors, and all other items for which a mechanic's lien may be asserted in the jurisdiction where the tabor, materials or equipment were furnished. 15.2. Construction Contract: The agreement between the Owner and the Contractor identified on the signature page including all Contract Documents and changes thereto. 15.3.Owner Default: Failure of the Owner, which has neither been remedied nor waived, to pay the Contractor as required by the Construction Contract or to perform and complete or comply with the other terms thereof. AGENT OR BROKER: Name: Pate Bonding, Inc. Address: 1276 So. Robert St., West St. Paul, HN Phone: (651) 457-6842 55118 In ADUAL ACKNOWLEDGEMENT -TATE OF k m o ) )SS ;OUNTY OF I ) On e I day of 7:S�LA-Q_ 200a . before me, a Notary Public within and for said county, personally appeared LfhnD_ to me known to be the person described in and who executed the foregoing instrument, as Principal, and cknowledged to me that (s)he executed the same as his/her free act and deed. '�% _ U V jOYCE ROLSTAD t� 6 r r` l � :.. NOTARY PUBLIC - MI" ublic, W �►vt County, MY Commission Expires Jan. 31, s My Commission Expires: Notarial Seal) CORPORATE ACKNOWLEDGEMENT )TATE OF )SS ;OUNTY OF On the day of , 20 , before me, personally appeared , to ne known, who being by me duly sworn, did depose and say that (s)he resides in that (s)he is the President of the corporation described in and which executed the foregoing instrument; that (s)he snows the seal of said corporation; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the Board of Directors A said corporation; and that (s)he signed his/her name thereto by like order. Notarial Seal) Notary Public, My Commission Expires: ACKNOWLEDGEMENT OF CORPORATE SURETY STATE OF Minnesota ) )SS 'OUNTY OF Dakota County, On the 3rd day of June , 20 02 , before me, a app ed Jonathan Pate , to to me )ersonally known, who being by me duly sworn, did say that (s)he is the aforesaid officer or ttOmey in fact of the GrMite Re, Inc- , a corporation; hat the seal affixed to the foregoing instrument is the corporate seal of said corporation, a that said instru t wap sighed and sealed in behalf of ;aid corporation by the aforesaid officer, by authority of its Board of Directors; and the aforesa officer ackn ledged id instrument to be the free act ind deed of said corporation. ,•r WANDA LEE ES]31.200 .R Notary Public 5 Fv nesota cf'1 [g�i!'gc My Coma Jan. Notarial Seal) Notary Public, Ramsey My Commission Expires: 1/31/05 County, Minnesota GRANITE RE, INC. GENERAL POWER OF ATTORNEY Know all Men by these Presents: That GRANITE RE, INC., a corporation organized and existing under the laws of the State of OKLAHOMA and having its principal office at the City of OKLAHOMA CITY in the State of OKLAHOMA does hereby constitute and appoint: JONATHAN PATE, WANDA ESPE, TOM LAHL its true and lawful Attorney-in-Fact(s) for the following purposes, to wit: To sign its name as surety to, and to execute, seal and acknowledge any and all bonds, and to respectively do and perform any and all acts and things set forth in the resolution of the Board of Directors of the said GRANITE RE, INC. a certified copy of which is hereto annexed and made a part of this Power of Attorney; and the said GRANITE RE, INC. through us, its Board of Directors, hereby ratifies and confirms all and whatsoever the said: JONATHAN PATE, WANDA ESPE, TOM LAHL may lawfully do in the premises by virtue of these presents. In Witness Whereof, the said GRANITE RE, INC. has caused this instrument to be sealed with its corporate seal, duly attested by the signatures of its Vice President and Secretary/Treasurer, this 141 day of May, 1998. SEAL — R. Darryl Fisher, a President - STATE OF OKLAHOMA ) '' SS: — COUNTY OF OKLAHOMA) Rodman A. Frates, Secretary/Treasurer On this 141 day of May 1998, before me personally came R. Darryl fisher, Vice President of the GRANITE RE, INC. Company and Rodman A. Frates, Secretary/Treasurer of said Company, with both of whom I am personally acquainted, who being by me severally duly sworn, said, that they, the said R. Darryl Fisher and Rodman A. Frates were respectively the Vice President and the Secretary/Treasurer of the GRANITE RE, INC., the corporation described in and which executed the foregoing Power of Attorney; that they each knew the seal of said corporation; that the seal affixed to said Power of attorney was such corporate seal, that it was so fixed by order of the Board of Directors of said corporation, and that they signed their name thereto by like order as Vice President and Secretary/Treasurer, respectively, of the Company. My Commission Expires: May 9, 2004 rotary Pub] i GRANITE RE, INC. Certificate THE UNDERSIGNED, being the dulyelected and acting Secretary/Treasurer of Granite Re, Inc., an Oklahoma Corporation, HEREBY CERTIFIES that the following resolution is a true and correct excerpt from the July 15, 1987, minutes of the meeting of the Board of Directors of Granite Re, Inc. "RESOLVED, that the President, any Vice President, the Secretary, and any Assistant Vice President shall each have authority to appoint individuals as attorneys -in -fact or under other appropriate titles with authority to execute on behalf of the company fidelity and surety bonds and other documents of similar character issued by the Company in the course of its business. On any instrument making or evidencing such appointment, the signatures may be affixed by facsimile. On any instrument conferring such authority or on any bond or undertaking of the Company, the seal, or a facsimile thereof, may be impressed or affixed or in any other manner reproduced; provided, however, that the seal shall not be necessary to the validity of any such instrument or undertaking." IN WITNESS WHEREOF, the undersigned has subscribed this Certificate and affixed the corporate seal of the Corporation this 3 rd day of June 20 02 ATE q� SEAL o,Y�,,. odman A. Frates, Secretary/Treasurer